FEDERAL REGISTER VOLUME 34 • NUMBER 242 Thursday, December 18, 1969 • Washington, D.C. Pages 19793-19864

Agencies in this issue— The President Agency for International Development Agricultural Stabilization and Conservation Service Air Force Department Atomic Energy Commission Civil Aeronautics Board Commerce Department Consumer and Marketing Service Emergency Preparedness Office Farm Credit Administration Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Reserve System Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Housing and Urban Development Department Immigration and Naturalization Service Interior Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau Manpower Administration Post Office Department Securities and Exchange Commission Small Business Administration Veterans Administration Wage and Hour Division Detailed list of Contents appears inside. MICROFILM EDITION FEDERAL REGISTER 35mm MICROFILM

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CONSUMER AND MARKETING Notices THE PRESIDENT SERVICE Hearings, etc.: PROCLAMATION Rules and Regulations El Paso Natural Gas Co______19836 Natural Gas Pipeline Company Reserve Recognition Day------19797 Navel oranges grown in Arizona of America______19836 and designated part of Califor­ Northern States Power Co____ 19831 EXECUTIVE AGENCIES nia; handling limitations_____ 19811 Phillips Petroleum Co., et al___ 19833 Shipment limitations: Power Authority of the State of AGENCY FOR INTERNATIONAL Grapefruit grown in Florida___ 19809 New York______19838 DEVELOPMENT Oranges grown in Florida____19810 Tennessee Gas Pipeline Co., and DEFENSE DEPARTMENT Transcontinental Gas Pipe Notices Line Corp______19832 Housing investment guaranty See Air Force Department. Texas Gas Transmission Corp_ 19832 United Gas Pipe Line Co______19833 projects in Latin American EMERGENCY PREPAREDNESS countries; special announce­ Wisconsin Valley Improvement ment for Equador______19823 OFFICE C o ------_.------19839 Notices Iowa; amendment to declaration FEDERAL RESERVE SYSTEM AGRICULTURAL STABILIZATION of major disaster______19840 AND CONSERVATION SERVICE Notices FARM CREDIT ADMINISTRATION Commerce Bancshares, Inc.; ap­ Rules and Regulations plication for approval of acqui- Peanuts; farm marketing quotas Notices sition of shares of bank______19839 and acreage allotments-1_____ 19809 Certain officers; authority and United California Bank; order ap­ order of precedence to act as proving merger of banks____ _ 19839 Deputy Governor and Director AGRICULTURE DEPARTMENT of Land Bank Service____ ■:__ 19830 FEDERAL TRADE COMMISSION See Agricultural Stabilization and Conservation Service; Consumer FEDERAL AVIATION Rules and Regulations and Marketing Service. ADMINISTRATION Administrative opinions and rul­ Rules and Regulations ings; special discount package price to new dealers; correction- 19800 AIR FORCE DEPARTMENT Control zone and transition area; alteration ______19799 Notices Rules and Regulations Restricted area; alteration______19800 Use and advertising of coupons en­ Private indebtedness______19801 Proposed Rule Making closed in packages of consumer Control zone and transition areas; products; enforcement policy_ 19840 ATOMIC ENERGY COMMISSION proposed alteration and revoca­ tion ______19820 FISH AND WILDLIFE SERVICE Notices Federal airways; proposed altera­ General Electric Co.; termination tion and revocation______19821 Rules and Regulations of facility license______19830 Big Lake National Wildlife Refuge, FEDERAL COMMUNICATIONS Ark.; sport fishing______19811 COMMISSION CIVIL AERONAUTICS BOARD Notices FOOD AND DRUG Notices Common carrier services informa­ ADMINISTRATION Hearings, etc.: tion; domestic public radio Emery Air Freight Corp______19830 services applications accepted Notices Wings and Wheels Express, Inc., for filing------19845 Abbott Laboratories; notice of and Air Express International RKO General, Inc. (WNAC-TV) withdrawal of approval of new- C o rp ------19830 et al.r designation of applica­ drug application______19829 tions for hearing______19852 Upjohn Co.; withdrawal of peti­ tion for food additives______19829 COMMERCE DEPARTMENT FEDERAL MARITIME Proposed Rule Making COMMISSION HEALTH, EDUCATION, AND Carpets and rugs; proposed flam­ Notices WELFARE DEPARTMENT mability standard______; 19812 Agreements filed for approval: See Food and Drug Administra­ Notices Atlantic and Gulf/West Coast of Central America and Mex­ tion. Assistant Secretary for Adminis­ ico Conference______19831 tration; designation of au­ P acific Coast-Australasian HOUSING AND URBAN thority ------______19827 Tariff Bureau______.______19831 Budget and Program Analysis Of­ New York Shipping Association, DEVELOPMENT DEPARTMENT fice; organization and func­ Inc ------19831 tions ------___------19828 Proposed Rule Making Maritime Administration; organi­ FEDERAL POWER COMMISSION Guarantee of private obligations zation and functions. _____ 19826 for financing new community Proposed Rule Making land development______19814 Policy Development Office; organi­ Revision in uniform system of ac­ zation and functions______19828 counts and annual report forms. 19821 (Continued on next page) 19795 19796 CONTENTS

IMMIGRATION AND LAND MANAGEMENT BUREAU SMALL BUSINESS NATURALIZATION SERVICE Notices ADMINISTRATION Rules and Regulations Nevada; classification of lands Notices Miscellaneous amendments to for disposal (2 documents)____ 19824 Alabama Capital, Inc.; notice of chapter______19799 New Mexico: surrender oflicense ______19841 Classification of lands for trans­ Canaveral Capital Corp.; approval INTERIOR DEPARTMENT fer out of Federal ownership_ 19825 Land classification______19824 of application______19841 See also Pish and Wildlife Serv­ Oregon; proposed withdrawal and Midwestern Area and offices ice; Land Management Bureau. therein; notice of redesigna­ reservation of lands (2 docu­ tion ------19841 Notices ments) ____ 19825 Regional Director, Midwestern Statements of changes in financial Wyoming; amendment of pro­ Region (Region V ); delegation interests: posed withdrawal and reserva­ of authority______19842 Hall, Elmer S______19826 tion of lands______19826 Van Horn, Hugh C______19826 MANPOWER ADMINISTRATION STATE DEPARTMENT See Agency for International De­ INTERNAL REVENUE SERVICE Rules and Regulations velopment. . Notices United States Training and Em­ Granting of relief: ployment Service; definition__ 19800 TRANSPORTATION DEPARTMENT Gardner, William P______19823 See Federal Aviation Administra­ Gilliland, Junior______19823 POST OFFICE DEPARTMENT tion. Jeys, Kirk Douglas______19823 Rules and Regulations Transportation of mail by air taxi TREASURY DEPARTMENT INTERSTATE COMMERCE operations______19803 See Internal Revenue Service. COMMISSION Notices SECURITIES AND EXCHANGE VETERANS ADMINISTRATION Motor carrier, broker, water car­ COMMISSION Rules and Regulations rier and freight forwarder Notices Outpatient care for veterans____ 19803 applications______19853 Hearings, etc.: WAGE AND HOUR DIVISION JUSTICE DEPARTMENT Les Studs Corp______19840 Putnam Investment Programs Notices See Immigration and Naturaliza­ for the Accumulation of Certificates authorizing employ­ tion Service. Shares of the Putnam Growth ment of full-time students Fund et al______19840 working outside of school hours LABOR DEPARTMENT at special minimum wages in See Manpower Administration; retail or service establishments Wage and Hour Division. or in agriculture______19843

List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1969, and specifies how they are affected.

3 CFR 14 CFR 24 CFR P roposed R ules: P roclamation: 71______19799 73___1______19800 31 ______19814 3949______- ___ 19797 P roposed R ules: 71 (2 documents) ______19820, 19821 32 CFR 7 CFR 818_____,______19801 729______19809 15 CFR 905 (2 documents)______19809, 19810 P roposed R ules: 38 CFR 907______19811 7______19812 17______19803 i o j U L 1 LL.

8 CFR 16 CFR 39 ! 1 1 1 1 1 1 1 1 1 1 1 19803 212______19799 15______;______19800 535. 238______19799 245______19799 18 CFR 50 CFR 251______19799 P roposed R ules: 33__ ...... 19811 101______19821 141______19821 201______19821 260_____ 19821 20 CFR 602_____ 19800 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3949 RESERVE RECOGNITION DAY By the President of the United States of America A Proclamation In January and May of 1968, one hundred and fifteen units from the Reserve Components of the Army, Navy and Air Force were ordered to active duty to quickly augment the Active Forces. This action provided this country with armed strength capability with which to meet possible contingencies that might have arisen as a result of the threats and actions by the North Koreans and the need for additional troops in Vietnam caused by the TET offensive. Many of these units have served in Vietnam while others have served in Korea, Japan, and the United States. Those units remaining in the United States were primarily used to strengthen the strategic reserve and participate in the Military Airlift Command operations. By June 18th, Reserve units of the Naval Air Reserve, the Naval Reserve Mobile Construction Battalions (SEABEES)the A ir National Guard, and the Air Force Reserve were demobilized and the units returned to inactive reserve status. The units of the Army National Guard and the Army Reserve have now been released. All of these Reserve Component units responded to the Nation’s call in time of need and established records of performance, both in and out of combat, which have demonstrated a level of readiness and training never before achieved by our reserve forces. In addition, many individual reservists volunteered for active duty during this period. They have truly upheld the heritage and tradition of the citizen soldier and have again proven that both the National Guard and the Reserves are a great resource for our country and one which is necessary to our national security. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby issue this proclamation in recognition of and appreciation for the patriotic, dedicated and pro­ fessional service of our loyal members of the Reserve Components of the Armed Forces of the United States. IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of December, in the year of our Lord nineteen hundred and sixty-nine, and of the Independence of the United States of America the one hundred and ninety-fourth.

[F.R. Doc. 69-15079; Filed, Dec. 16, 1969 ; 4:16 p.m.]

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969

19799 Rules and Regulations

§ 238.4 [Amended] Code (80 Stat. 383), as to notice of pro­ Title 8— ALIENS AND posed rule making and delayed effective 3. The listing of transportation linesdate is unnecessary in this instance be­ NATIONALITY under “At Toronto” of § 238.4 Prein­ cause the amendment to § 212.1(b) con­ spection outside the United States is fers benefits upon persons affected there­ Chapter I— Immigration and Natural­ amended by adding the following trans­ portation line in alphabetical sequence: by; the amendments to §§ 238.3(b) and ization Service, Department of “Wardair Canada Ltd.” 238.4 add or delete transportation lines Justice from the listings; and the amendments to §§ 245.4 and 251.1 are editorial in MISCELLANEOUS AMENDMENTS TO PART 245— ADJUSTMENT OF STATUS nature. CHAPTER TO THAT OF PERSON ADMITTED Dated: December 15,1969. The following amendments to Chapter I FOR PERMANENT RESIDENCE R aymond F. F arrell, of Title 8 of the Code of Federal Regu­ Commissioner of lations are hereby prescribed: Section 245.4 is amended to read as follows: Immigration and Naturalization. PART 212— DOCUM EN TARY RE­ [F.R. Doc. 69-15020; Filed, Dec. 17, 1969; § 245.4 Adjustment of status of aliens 8:48 a.m.] QUIREMENTS: NONIMMIGRANTS; within the proviso to section 203(a) WAIVERS; ADMISSION OF CERTAIN (7) of the Act. INADMISSIBLE ALIENS; PAROLE The provisions of section 245 of the Paragraph (b) of § 212.1 is amended Act and this Part shall govern the adjust­ Title 14— AERONAUTICS AND to read as follows: ment of status provided for in the pro­ viso to section 203(a) (7) of the Act. An § 212.1 Documentary requirements for alien who claims he is entitled to a pref­ SPACE nonimmigrants. erence status pursuant to the proviso to Chapter I— Federal Aviation Adminis­ * * * * * section 203 (a) (7) of the Act shall execute tration, Department of Transportation (b) British, French, and Netherlands and attach to his application for adjust­ nationals, and nationals of certain adja­ ment of status Form I-590A, Applica­ [Airspace Docket No. 69-SO-144] cent islands of the Caribbean which are tion for Classification as a Refugee under PART 71— DESIGNATION OF FEDERAL independent countries. A visa is not re­ the Proviso to section 203(a) (7 ), Immi­ AIRWAYS, CONTROLLED AIRSPACE, quired of a British, French, or Nether­ gration and Nationality Act. The deter­ lands national, or a national of Jamaica, mination as to whether an alien is AND REPORTING POINTS Trinidad and Tobago, or Barbados, who entitled to the claimed preference status Alteration of Control Zone and has his residence in British, French, or shall be made by the district director; no Transition Area Netherlands territory located in the ad­ appeal shall lie from his determination. jacent islands of the Caribbean area, or The purpose of this amendment to Part in Jamaica, Trinidad and Tobago, or 71 of the Federal Aviation Regulations Barbados, for admission and stay in PART 251— ARRIVAL MANIFESTS is to alter the Knoxville, Tenn., control Puerto Rico or the Virgin Islands of the AND LISTS; SUPPORTING DOCUMENTS zone and transition area. United States, or as an agricultural The Knoxville control zone is described worker in the United States: Provided, § 251.1 [Amended] in § 71.171 (34 F.R. 4557). In the descrip­ That the authorized period tor which an The first sentence of paragraph (d) tion, an extension is predicated on the alien was admitted pursuant to this para­ Notations on arrival manifests of § 251.1 045° bearing from Singleton RBN. An­ graph for temporary stay in Puerto Rico Arrival manifests and lists is amended to other extension predicated on Knoxville or the Virgin Islands of the United States read as follows: “Upon completion of the VORTAC 220° radial has a designated shall be terminated automatically when examination of each crewman listed on width of 2 miles each side of the radial such alien manifests an intention to de­ the Form 1-418 presented by the master and a designated length extending to the part or attempts to depart or departs di­ or agent of an arriving vessel, the exam­ VORTAC. rectly for any U.S. destination outside ining immigration officer shall place one The Knoxville transition area is de­ Puerto Rico or the Virgin Islands of the of the following symbols in column (5) scribed in § 71.181 (34 F.R. 4637). In the United States, unless an immigration offi­ of the Form 1-418 opposite the name of description, a basic radius circle of 21 cer has authorized such alien to proceed the crewman: ‘USC’ for a crewman ad­ miles predicated on McGhee-Tyson Air­ to a destination in the continental United mitted as a United States citizen; ‘RJP’ port is designated! An extension is predi­ States. or ‘ARC’ to indicate respectively the pres­ cated on. Knoxville VORTAC 290° and ***** entation of a reentry permit or an alien 321° radials, has a width 5 miles each registration receipt card, Form 1-151, for side of these radials, and extends to 27 a crewman admitted as a lawful perma­ miles northwest of McGhee-Tyson PART 238— CONTRACTS WITH nent resident; ‘D-l’ for an alien crewman Airport. TRANSPORTATION LINES granted a conditional landing permit un­ U.S. Standards for Terminal Instru­ der section 252(a)(1) of the Act; ‘D-2’ ment Procedures (TERPs, issued after § 238.3 [Amended] for an alien crewman granted a condi­ extensive consideration and discussion 1. The listing of transportation lines in tional landing permit under section 252 with government agencies concerned and Paragraph (b) Signatory lines of § 238.3 (a) (2) of the Act; ‘Parolee’ for an alien affected industry groups, are now being Aliens in immediate and continuous crewman paroled pursuant to section applied to update the criteria for instru­ transit is amended by adding the follow­ 212(d)(5) of the Act; and ‘Refused’ for ment approach procedures. The criteria ing transportation line in alphabetical an alien crewman whose request for a for the designation of controlled airspace sequence: “Air Panama International.” landing permit has been refused.” protection for these procedures was re­ 2. The listing of transportation lines in (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) vised to conform to TERPs and achieve Paragraph (b) Signatory lines of § 238.3 increased and efficient utilization of air­ Aliens in immediate and continuous This order shall be effective on the date space. transit is amended by deleting the fol­ of its publication in the F ederal R egis­ Because of this revised criteria, it is lowing transportation line: “Pan Ameri- ter. Compliance with the provisions of necessary to alter the, descriptions by can-Grace Airways, Inc.” section 553 of Title 5 of the United States taking the following actions:

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19800 RULES AND REGULATIONS

Control Zone Issued in East Point, Ga., on Decem­ could result from this one shot offer in 1. Revoke the extension predicated on ber 8, 1969. view of its nature and the start up costs the 045° bearing from Singleton RBN. J ames G. R ogers, which new dealers are apt to experience.” 2. Decrease the width of the extension Director, Southern Region. Therefore, the Commission would not predicated on Knoxville VORTAC 220° [F.R. Doc. 69-15011; Filed, Dec. 17, 1969; object to the plan if implemented as de­ radial from 2 to 1.5 miles each side of * 8:47 a.m.] scribed in paragraph (b) of this section. the radial and decrease the length 1.5 (38 Stat. 717, as amended; 15 U.S.C. 41-58; miles. [Airspace Docket No. 69-AL-10] 49 Stat. 1526; 15 U.S.C. 13, as amended) T ransition Area PART 73— SPECIAL USE AIRSPACE Issued: December 17, 1969. * 1. Reduce the basic radius circle from Alteration of Restricted Area By direction of the Commission. 21 to 11.5 miles, which is approximately 60 percent. The purpose of this amendment to [seal] J oseph W. S hea, 2. Revoke the extension predicated on Part 73 of the Federal Aviation Regula­ Secretary. Knoxville VORTAC 290° and 321° tions is to alter the time of designation [F.R. Doc. 69-15016; Filed, Dec. 17, 1969; radiala. of the Yukon, Alaska, Restricted Area 8:48 am.] 3. Designate an extension predicated Rr-2205. on Knoxville ILS localizer southwest Restricted Area R-2205 is presently course 14 miles in width and 18.5 miles designated as continuous. Utilization re­ in length. ports indicate that this restricted area Title 20— EMPLOYEES’ 4. Increase the basic radius circle from has been utilized for a period of only 8 21 to 25.5 miles in the southeast quad­ months for the past 2 years. Coordina­ rant. tion with the using agency indicates that BENEFITS The above actions result in a substan­ the area is periodically utilized during Chapter V— Manpower Administra­ tial decrease in controlled airspace. the remaining 4 months. Accordingly, tion, Department of Labor In consideration of the foregoing, no­ action is taken herein to alter R-2205 to tice and public procedure hereon are un­ make its time of designation coincide PART 602— COOPERATION OF THE necessary and Part 71 of the Federal with its actual utilization. U.S. TRAINING AND EMPLOYMENT Aviation Regulations is amended, ef­ Since this amendment restores air­ SERVICE AND STATES IN ESTAB­ space to the public use and relieves a fective immediately, as hereinafter set LISHING AND MAINTAINING A NA­ forth. restriction, notice and public procedure In § 71.171 (34 F.R. 4557), the Knox­ thereon are unnecessary, and good cause TIONAL SYSTEM OF PUBLIC EM­ ville, Tenn., control zone is amended to exists for making this amendment effec­ PLOYMENT OFFICES tive on less than 30 days notice. read: Definition of U.S. Training and K noxville, T e n n . In consideration of the foregoing, Part 73 of the Federal Aviation Regulations Employment Service Within a 5-mile radius of McGhee-Tyson Airport (lat. 35°48'40" N., long. 83°59'35" is amended, effective upon publication in Under the reorganization provided for W.); within 2 miles each side of Knoxville the F ederal R egister, as hereinafter set in Secretary’s Order No. 14-69 (34 F.R. ILS localizer southwest course, extending forth. 6502), the statutory functions of the U.S. from the 5-mile radius zone to 1 mile north­ In § 73.22 (34 F.R. 4811) R-2205 is Employment Service in connection with east of the LOM; within 1.5 miles each side of amended by deleting “Time of Designa­ the Wagner-Peyser Act (48 Stat. 113) Knoxville VORTAC 220° radial, extending tion. Continuous.” and substituting are carried out by a component of the from the 5-mile radius zone to 1.5 miles “Time of Designation. Continuous from Manpower Administration designated as southwest of the VORTAC. April 1 through November 30; other the U.S. Training and Employment Serv­ In | 71.181 (34 F.R. 4637), the Knox­ times as activated by NOTAM issued by ice instead of the U.S. Employment Serv­ the using agency at least 24 hours in ice. This recognizes the fact that the ville, Tenn., transition area is amended advance.” to read: (Sec. 307(a), Federal Aviation Act of 1958, Wagner-Peyser Act must be read in har­ K noxville, Te n n . mony with the totality of manpower 49 ‘U.S.C. 1348; sec. 6(c), Department of legislation which has begh enacted in That airspace extending upward from 700 Transportation Act, 49 U.S.C. 1655(c)) feet above the surface beginning at the in­ recent years. Cf. Southern Steamship tersection of the arc of an 11.5-mile radius Issued in Washington, D.C., on De­ Co. v. N.L.R.B., 316 U.S. 31, 47 (1942). circle centered on McGhee-Tyson Airport cember 9, 1969. Accordingly, in order that this will be (lat. 35°48'40" N., long. 83°59'35" W.) and H. B. H elstrom, clearly reflected in the regulations, and a line 3 miles northwest of and parallel to Chief, Airspace and Air pursuant to the authority contained in Knoxville VORTAC 040° radial, to and north­ Traffic Rules Division. section 12 of the Wagner-Peyser Act, the east along this line, to and southeast along Secretary’s Order No. 14-69, and con­ a line 8.5 miles northeast of and perpendic­ [F.R: Doc. 69-15010; Filed, Dec. 17, 1969; ular to Knoxville VORTAC 040° radial, to 8:47 a.m.] sistent with the Notice of Delegation of and southwest along a line 3 miles southeast Authority published concurrently there­ of and parallel to Knoxville VORTAC 040° with (34 F.R. 6502), § 602.1(e) of Title radial, to and clockwise along the arc of an 20 of the Code of Federal Regulations is 11.5-mile radius circle centered on McGhee- Title 16— COMMERCIAL hereby amended to read as follows: Tyson Airport, to and east along the Knox­ ville VORTAC 100° radial, to and clockwise § 602.1 Definitions. along the arc of a 25.5-mile radius circle PRACTICES * * * * * centered on McGhee-Tyson Airport, to and Chapter I— Federal Trade Commission north along the west boundary of V-97, to (e) “United States Training and Em­ and southwest along a line 4.5 miles south­ PART 15— ADMINISTRATIVE ployment Service” means the organiza­ east of and parallel to Knoxville ILS local­ OPINIONS AND RULINGS tional component of the Manpower Ad­ izer southwest course, to and northwest ministration in the Department of Labor along a line 18.5 miles southwest of and Special Discount Package Price to New perpendicular to Knoxville ILS localizer which is responsible for carrying out the southwest course, to and northeast along Dealers; Correction Department’s responsibilities in connec­ a line 9.5 miles northeast of and parallel to Paragraph (c) of § 15.384 has been tion with the Wagner-Peyser Act, and Knoxville ILS localizer southwest course, to and clockwise along the arc of an 11.5-mile corrected to read as follows: other manpower responsibilities. These radius circle centered on McGhee-Tyson Air­ § 15.384 Special discount package price were heretofore performed by the com­ port, to point of beginning. to new dealers, ponent designated as the U.S. Employ­ (Sec. 307(a), Federal Aviation Act of 1958, * * * * * ment Service and statutory references to 49 U.S.C. 1348(a); sec. 6(c), Department of (c) The Commission expressed thethe U.S. Employment Service should ac­ Transportation Act, 49 U.S.C. 1655(c) ) opinion that “it is unlikely that injury cordingly now be considered as referring

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 RULES AND REGULATIONS 19801 to the U.S. Training and Employment obligations in a proper and timely man­ § 818.8 Previous efforts to resolve the Service. ner. A “just financial obligation” means m atter. ***** one in which there is no reasonable dis­ The complainant must show that he The provisions of 5 U.S.C. 553 which pute as to the facts or the law, or one has attempted to adjust the debt by di­ reduced to judgment that conforms to rect contract with the member. require notice of proposed rule making, the Soldiers’ and Sailors’ Civil Relief public participation, and delay in effec­ § 818.10 Nonconforming complaints. tive date are not applicable because these Act (50 U.S.C. Appendix 501, et seq.), rules relate to public grants and bene­ if applicable. “In proper and timely man­ Debt complaints received, but not in fits. Further, I do not believe such pro­ ner” means a manner which the immedi­ compliance with the requirements of this cedures will serve a useful purpose here. ate commander determines is in good subpart will be returned to the complain­ This amendment shall become effective faith. ant with an explanation of the deficiency. immediately. § 818.4 Payment of debts. Subpart C 1—General Requirements Signed at Washington, D.C., this 3d The Air Force is without legal author­ for Debt Complaints To Be Accepted day of December 1969. ity to require a member to pay a private on Obligations Incurred on and debt, or to divert any part of his pay for After July 1, 1969 M. B. Lovell, Jr., the satisfaction thereof, even though the Manpower Administrator. indebtedness may have been reduced to § 818.12 Full disclosure and standards [F.R. Doc. 69-14975; Filed, Dec. 17, 1969; judgment by a civil court. The enforce­ of fairness. 8:45 a.m.] ment of the private obligations of Air (a) The Truth-in-Lending Act (15 Force members is a matter for civil U.S.C. 1601) prescribes the general dis­ authorities. closure requirements which must be met Subpart B 1—General Requirements by those offering or extending consumer Title 32-NATIONAL DEFENSE credit, and Regulation Z, published by for Debt Complaints To Be Accepted the Federal Reserve Board (12 CFR 226) Chapter VII— Department of the on Obligations Incurred on or Be­ prescribes the specific disclosure require­ Air Force fore June 30, 1969 ments for both open-end and installment SUBCHAPTER B— SALES AND SERVICE credit transactions. In lieu of Federal § 818.6 Standards of fairness and full Government requirements, State regula­ PART 818— PRIVATE INDEBTEDNESS disclosure. tions apply to credit transactions when Part 818 is revised as follows: AF Form 459, “Application/Contract the Federal Reserve Board has deter­ for Personal Credit”, or its equivalent, mined that the State regulations impose Sec. must be provided by the complainant. If substantially similar requirements and 818.0 Purpose. an equivalent of this form is not provided provide adequate enforcement measures. Subpart A— Private Indebtedness by the seller or lender, locally reproduce The Certificate of Compliance, para­ 818.2 Financial responsibility of member. AF Form 459 on 8" x 10 paper. Pro­ graph (d) of this section, will be ac­ 818.4 Payment of debts. duce part I on one sheet, produce parts cepted as evidence of compliance with II and III (continued) head to foot on the Act and the regulation. Subpart B— General Requirements for Debt Com­ another sheet. Complaints of the follow­ (b) Banks and credit unions operat­ plaints To Be Accepted on Obligations Incurred ing types need not meet the requirements ing on military installations shall con­ on or Before June 30, 1969 of this section ; form to the Standards of Fairness, para­ 818.6 Standards of fairness and full (a) Claims from companies furnish­ graph (e) of this section, before disclosure. ing utility, milk, laundry, and similar executing the loan or credit agreement. 818.8 Previous efforts to resolve the matter. services when credit is extended solely Should an on-base bank or credit union 818.10 Nonconforming complaints. to facilitate the service. refer a prospective borrower to an off- Subpart C— General Requirements for Debts Com­ (b) Claims by accommodation in­ base bank or credit union belonging to plaints To Be Accepted on Obligations Incurred dorsers, comakers or lenders against the the same bank or credit union system, on and After July 1, 1969 primary liable on obligations not in­ it shall advise the latter that the Depart­ 818.12 Full disclosure and standards of tended to benefit the accommodating ment of Defense requires compliance fairness. party through payment of interest or with the Standards of Fairness before 818.14 Certificate of compliance. otherwise. executing the loan or credit agreement. 818.16 Previous efforts to resolve matter. (c) The following banks and credit 818.18 Nonconforming complaints. (c) Contract for the purchase, sale, or rental of real estate. unions will be denied debt processing Subpart D— Processing Debt Complaints assistance if they do not apply the Stand­ (d) Claims in which the total unpaid ard of Fairness to the loan or credit 818.20 Action required when complaint is amount does not exceed $50. received. agreement: (e) Claims for support of dependents. (1) Credit unions chartered to serve Subpart E— Abuse of the Processing Privilege (f) Claims based on a revolving or DoD personnel but operating off the 818.22 Denial of the processing privilege. open-end credit account if the account installation. shows the periodic interest rate and its (2) Banks, wherever located, with Authority : The provisions of this Part 818 issued under sec. 8012, 10A Stat. 488; 10 annual rate equivalent and the balance branch banks operating on a military TJ.S.C. 8012. to which it is applied to compute the installation. Source: AFR 35-10, Oct. 31, 1969. charge. (d) Standards of fairness; (g) Purchase money liens on real (1) No finance charge contracted for, § 818.0 Purpose. property (this does not include other made, or received under any contract This part establishes standards for liens on real property and related obliga­ shall be in excess of the charge which considering the financial responsibility tions such as those that represent obli­ could be made for such contract under of the Air Force military members. It gations for improvement or repair). the law of the place in which the con­ states conditions a complainant must (h) Claims by local, State or Federal tract is signed in the United States by meet before requests for assistance in government agencies unless the claim is the serviceman. In the event a contract collecting debts are accepted, and tells based on subrogation to rights arising is signed with a U.S. company in a for­ how to process accepted requests. under a private contract not excluded eign country, the lowest interest rate of from processing by this section. the State or States in which the company Subpart A— Private Indebtedness (i) Those in which the debt has been is chartered or does business shall apply. § 818.2 Financial responsibility of mem­ reduced to a judgment. (2) No contract or loan agreement ber. shall provide for an attorney’s fee in the Air Force military members are ex­ 1 Not applicable to claims by Federal, State, 1 Not applicable to claims by Federal, pected to discharge their just financial or municipal government. State, or municipal government.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 No. 242 -2 19802 RULES AND REGULATIONS event of default unless suit is filed in possession, the defaulting purchaser will Reserve Board must submit with their which event the fee provided in the con­ be served a complete statement of his request for assistance an executed Certif­ tract shall not exceed 20 percent of the obligations and adequate advance notice icate of Compliance and a true copy of obligation found due. No attorney fees of the sale; (iii) he will be permitted to the general and specific disclosures shall be authorized if he is a salaried em­ redeem the item by payment of the which were provided the military ployee of the holder. amount due before the sale, or in lieu member. (3) In loan transactions, defenses thereof submit a bid at the sale; (iv) (b) Complainants, including all those which the debtor may have against the there will be a solicitation for a minimum holding under the original creditor, not original lender or its agent shall be good of three sealed bids unless sold at auc­ subject to Regulation Z must submit against any subsequent holder of the tion; (v) the party holding the security, with their requests for assistance a certi­ obligation. In credit transactions, de­ and all agents thereof, are ineligible to fication that no interest, finance charge, fenses against the seller or its agent shall bid; (vi) the defaulting purchaser will or other fee is in excess of that permitted be good against any subsequent holder of be charged only those charges which are by the law of the State in which the the obligation provided that the holder reasonably necessary for storage, re­ obligation was incurred. had actual knowledge of the defense or conditioning and resale and (vii) he shall (c) A foreign owned company having under condition where reasonable in­ be provided a written detailed statement a complaint will submit with its request quiry would have apprised him of this of his obligations, if any, following the a true copy of the terms of the debt fact. resale and promptly refunded any credit (English translation) and will certify (4) The debtor shall have the right to balance due him, if any. its subscription to the Standards of remove any security for the obligation (10) A contract for personal goods andFairness. beyond State or national boundaries if services may be terminated at any time he or his family moves beyond such before delivery of the goods or services § 818.16 Previous efforts to resolve the boundaries under military orders and without charge to the purchaser. How­ m atter. notifies the creditor, in advance of the ever, if goods made to the special order The complainant must show that he removal, of the new address where the of the purchaser result in preproduction has attempted to adjust the debt by di­ security will be located. Removal of the costs, or require preparation for delivery, rect contact with the member. security shall not accelerate payment such additional costs will be listed in the § 818.18 Nonconforming complaints. of the obligation. order form or contract. No termination (5) No late charge shall be made in charge will be made in excess of this Debt complaints received, but not in excess of 5 percent of the late payment, amount. Contracts for delivery at future compliance with the requirements of or $5 whichever is the lesser amount. intervals may be terminated as to the this subpart, will be returned to the Only one late charge may be made for undelivered portion, and the purchaser complainant with an explanation of the any tardy installation. Late charges will shall be chargeable only for that portion deficiency. not be levied where an allotment has of the total cost which the goods or serv­ Subpart D— Processing Debt been timely filed, but payment of the al­ ices delivered bear to the total goods lotments has been delayed. called for by the contract. (This is in Complaints (6) The obligation may be paid in full addition to the right to rescind certain § 818.20 Action required when com­ credit transactions involving a security plaint is received. at any time or through accelerated pay­ interest in real estate provided by sec­ ments of any amount. There shall be no tion 125 of Public Law 90-321 (15 U.S.C. (a) By the CBPO Quality Control penalty for prepayment and in the event 1601) and § 226.9 of Regulation Z of the Special Actions Unit (SA). (1) Com­ of prepayment that portion of the fi­ Federal Reserve Board (12 CFR Part plaints that meet the requirements of nance charges which have inured to the 226).) subparts B and C are sent to the im­ benefit of the seller or creditor shall be (e) Certificate of Compliance: mediate commander of the individual prorated on the basis of the charges concerned. which would have been ratably payable I certify that th e ______Certificate of Compliance (2) Complaints that do not meet the had finance charges been calculated and requirements of subparts B/C are re­ payable as equal periodic payments over (Name of Creditor) upon extending credit t o ______turned to the complainant. the terms of the contract and only the (3) -Complaints concerning separated prorated amount to the date of prepay­ (Name of Obligor) o n ------complied with the full dis- or reassigned members: ment shall be due. As an alternative the (Date) (1) Discharged and retired. Com­ “Rule of 78" may be applied, in which closure requirements of the Truth-in-Lend- plaints concerning members with no case its operation shall be explained in ing Act and Regulation Z (or the laws and known military status and those retired the contract. regulations of the State o f ______) and are returned to the complainant using (7) No charge shall be made for an that the attached statement is a true copy a letter similar to that in paragraph insurance premium or for finance of the general and specific disclosure pro­ (b) (2) (iii) of this section. charges for such premium unless satis­ vided the obligor as required by law. (ii) Released from active duty and as­ factory evidence of a policy, or insur­ I further certify that the Standards of signed to the Reserve Forces. These com­ ance certificate where state insurance Fairness set forth in § 818.28 of this part have been applied to the consumer credit plaints will be forwarded to the Air Re­ laws or regulations permit such certifi­ transaction to which this form refers. (If serve Personnel Center (ARPC), 3800 cates to be issued in lieu of a policy, re­ the unpaid balance has been adjusted as a- York Street, Denver, CO 80205, with a flecting such coverage has been delivered consequence, the specific adjustments in the copy to the complainant. to the debtor within 30 days after the finance charge and the annual percentage (iii) Reassigned. Forward such com­ specified date of delivery of the item rate should be set forth below). plaints to the current unit of assignment purchased or the signing of a cash loan with a copy to the complainant. agreement. (Adjustments) (b) By the commander of the alleged (8) If the loan or contract agreement debtor. (1) Direct from complainant. provides for payments in installments, Send the complaint to the CBPO Quality each payment, other than the down pay­ Control Special Actions Unit (SA) for ment shall be in equal or substantially (Date of (Signature of Creditor or action under subparts B/C. equal amounts, and installments shall Certification) Authorized Representative) (2) From the CBPO Quality Control be successive and of equal or substan­ Special Actions Unit (SA). tially equal duration. (Street) (i) Preliminary inquiry. The com­ (9) If the security for the debt is re­ mander thoroughly reviews all the avail­ possessed and sold in order to satisfy or (City, State and Zip Code) able facts surrounding the transaction reduce the debt, the repossession and re­ § 818.14 Certificate of compliance. forming the basis of the complaint. These sale will meet the following conditions: facts are obtained from the complain­ (i) The defaulting purchaser will be (a) Complainants, including all thoseant’s correspondence and the member given advance written notice of the in­ holding under the original creditor, sub­ concerned. This inquiry also includes a tention to repossess; (ii) following re- ject to Regulation Z of the Federal general review of the member’s financial

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 RULES AND REGULATIONS 19803 situation over the life of the obligation Subpart E— Abuse of the Processing complained of. Privilege Title 39— POSTAL SERVICE

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19804 RULES AND REGULATIONS

administration of the air taxi mail serv­ erator without POD and CAB approval. and the airport manager of each air­ ice program must be complete, accurate (iii) An effective Notice of Intent au­port to be used, concerning parking areas, and legible. The Director, Logistics thorizes the transportation of mail only landing fees, and other services. Division, will provide necessary guidance and does not include authority to trans­ (3) Regions must promptly notify the and assistance to insure proper prepara­ port persons and/or property under the Department when service is started. tion and timely submission of forms by exemption. (4) Trip numbers will be assigned by air taxi operators and postal units that (4) Duration of proposals. Proposals the Director, Air Branch, Traffic Man­ tender mail to air taxis. shall continue in effect until such time agement Division, Bureau of Operations. (ii) Operators must comply with pro­ the Department or the operator provide (c) Schedule changes and adjust­ visions of applicable forms. Signed forms 30-day notice to terminate service. How­ ments. (1) Trip schedules will be oper­ imply full understanding by the operator ever, the Department may terminate an ated as directed by Form 2752. and are binding as part of his agreement. operator for cause without notice. (2) After the Notice of Intent is filed, (iii) Significant forms used in estab­ (5) Emergency service, (i) When tem­ no change will be permitted in any air lishing service, rate adjustments and for porary air taxi mail service is author­ taxi operation or schedule without prior certification and payment of service ized by the Department, proposals may written approval of the Bureau of include: be solicited by the Director, Logistics Operations. Form, 2750, Request to Air Taxi Operators Division, without formal advertisements. (d) Combining Routes. Routes shown for Proposals to Transport Mail, Form 2750 The lowest proposal must be accepted on Form 2752 will not be combined for is used to solicit proposals for transportation unless there is reason for rejecting it. the convenience of an operator without of mail by air taxi operators. Emergency service will not start until a prior Departmental approval. Form 2751, Proposal for Transportation of contract is completely executed. (e) Terminating service—(1) Normal Mail by Air Taxi Operator and supplemental Forms 2751-1, Air Taxi Mail Service Pro­ (ii) Emergency service will normally termination. Air taxi mail service may posal—Aircraft Description; 2751-2, Aircraft not exceed 90 days. Continuation of serv­ be terminated on the 30th day after Modifications; 2751-3, Route Operational ice beyond 90 days must be approved by the operator has received a notice of Profile; and 2751-B, Estimated Air Taxi Serv­ the Department. termination from the Department. An ice Costs, prepared and submitted by opera­ (iii) Emergency service may be ter­ operator also must not cease providing tors interested in providing route service. minated on 24-hour advance notice by air taxi mail service until the 30th day Extreme care must be exercised in the prep­ either party. after such operator has notified the Re­ aration of these documents as they provide the basis for selection of an operator. (iv) Operator equipment and person­ gional Director to whom the original Form 2751-C, Rate Adjustment Request. nel used to perform emergency service service proposal was tendered. Cessation Prepared and submitted by operators to must meet all requirements for regular of service by an operator during the document and substantiate requests for rate air taxi mail service. course of the 30-day period of notice may adjustment. § 535.2 _ Obtaining, starting and termi­ warrant the imposition of a pecuniary Form 2752Air Taxi Mail Service Action. penalty. In addition, operator may be Published by the Department subsequent to natin g air taxi m ail service. declared ineligible for future mail routes. issuance of Notice of Intent and Final Mail (a) Obtaining proposals—(1) Notify­ (2) Availability of personnel and Rate. It provides authority to implement ing operators. When the Department has service, pay operator and specifies appropri­ equipment. Operator must have desig­ ate certifying post office. determined that a need for air taxi mail nated aircraft and qualified pilot person­ Form 2755, Air Taxi Mail Service Per­ service exists, every reasonable effort nel available to begin operations on date formed. Form 2755 provides a record of serv­ will be made to notify all operators in specified by the POD. Aircraft used in ice performed by the operator. The pilot the general area where service is sought, the mail service must be consistent with completes form and turns it into the ter­ and any other known interested opera­ equipment indicated in proposal, and minal postal unit at the end of each sched­ tors, of the requirements for such equipped and maintained in accordance uled trip. service. with FAA and POD requirements. Form 2756, Certification of Air Taxi Mail (2) Obtaining information. Persons Service Performed. Form 2756 is basis for (b) Aircraft requirements—(1) Air­ payment to operator. It is prepared and sub­ interested in providing air taxi mail craft used in mail service. All aircraft mitted each week by the designated certify­ service should communicate with the used by the operator for transportation ing postmaster. Regional Director of the postal region in of mail must: which consideration is desired. (i) Be multiengine, capable of main­ (b) General provisions—(1) Scope. (3) Submitting proposals, (i) Each taining engine-out minimum en route Policies and procedures outlined in this proposal with supporting information altitudes as specified by the Federal chapter govern the establishment and must be sent hi a sealed envelope as out­ Aviation Administration Regulations, operation of the Post Office Department lined on Form 2750, Request to Air Taxi 135.145, between the points served. Air Taxi Mail Service Program. It is the Operators for Proposals to Transport (ii) Be equipped for operation under responsibility of each region to insure Mail. Instrument Flight Rules to enable the compliance with the provisions of (ii) Proposals must be mailed in timeuse of the lowest published minlmnms for this directive by operators under their to reach appropriate regional office with­ approach and landing at airports served jurisdiction. in the time limit specified on Form 2750. (except category n operations). (2) Authority. Part 298 of the Eco­ Proposals received after the time limit (iii) Have complete de-icing equip­ nomic Regulations of the Civil Aeronau­ specified on Form 2750 will not be con­ ment, as specified in FAA Regulations, tics Board (Part 298, Title 14, CFR) sidered unless it is determined that their 135.85, which is interpreted to include describes the means by which air taxi failure to arrive on time was due solely functioning deicing/anti-icing equipment mail service may be authorized. by delay in the mail for which the protecting each blade, propeller, wind­ (3) Notice of intent, (i) When the operator was not responsible. shield, wing, stabilizing or control sur­ Postmaster General determines that air (4) Processing proposals. Proposals face, and each airspeed, altimeter, rate taxi mail service is required, the Depart­ for air taxi mail service will be processed of climb, or flight attitude instrument ment will file a Notice of Intent to use in accordance with procedures outlined in system. air taxi service with Civil Aeronautics Regional Instructions. (iv) Meet requirements of Subpart C— Board. Such service will be instituted (b) Starting service. (1) Air taxi Maintenance Preventative, and Altera­ only on notification by the Department service is authorized only on notice by tions, Part 91, General Operating and to the air taxi operator involved that the Department that Notice of Intent Flight Rules, FAA Regulations. such Notice of Intent and Pinal Mail and final mail rate has become effective (v) In lieu of a qualified second-in- Rate has become effective. (except when emergency service is au­ command, have an automatic pilot in­ (ii) An approved Notice of Intent andthorized) . Service is normally pro­ stalled which meets FAA specifications CAB exemption for service over an air gramed to begin within 20 days following for transportation of passengers in ac­ taxi mail route pertains only to the final approval. cordance with Part 135.77, FAA Regula­ operator named in the Notice of Intent. (2) The operator must, well in advancetions, providing pilot is qualified and Exemption authority cannot be leased, of proposed Inauguration date, make nec­ authorized to operate an aircraft under delegated or transferred to another op­ essary arrangements with the Postmaster IFR with the use of an auto pilot. .

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 RULES AND REGULATIONS 19805 (vi) Provide weight capacity for mail § 535.4 Air taxi operator responsibili­ properly instructed in the preparation as specified in the proposal for transpor­ ties. and disposition of required Post Office tation of mail (Form 2750). (a) Administrative requirements—(1) Department forms and that completed (vii) Have a performance capability Observance of laws and regulations. forms are accurate and legible. Particu­ which will enable operator to maintain lar emphasis will be placed on proper required schedules. Operators of air taxi mail service air­ craft are responsible for familiarity and preparation of Form 2755, Air Taxi Mail (viii) Have appropriate weight and Service Performed (see § 535.7(a)), to balance data on board the aircraft. compliance with Federal Aviation Regu­ lations and Post Office Department sup­ insure proper payment due operator. (ix) Be equipped with an operable plementary regulations governing the (6) Registration of aircraft, (i) Prior coded radar beacon transponder having carriage of mail by aircraft. to the inauguration of service, operator at least a mode A/3 64 code capability, They must also comply with pertinent must provide the Director, Logistics replying to A/3 interrogation with code Division, of region concerned, with the specified by ATC. Economic Regulations prescribed by the (2) Aircraft modifications. Modifica­ CAB. make, model and “N” registration num­ (2) Operations Manuals. Within 10 ber of primary and alternate aircraft to tions to aircraft must be supported by an be used on the route. entry in the aircraft FAA Form 357 in­ days after service has been initiated, dicating approval by supplemental Type one complete copy of the company op­ (ii) Replacement of a registered air­ Certificate (STC) number or FAA erations manual and subsequent re­ craft from an assigned route must be re­ authorization. visions will be forwarded to the Direc­ ported immediately to appropriate (c) Pilot personnel—(1) General re­ tor, Air Branch, Traffic Management region. Prolonged substitution requires quirements. (i) Pilots assigned to air taxi Division, Bureau of Operations, Wash­ submission of Forms 2751 (1), (2), and aircraft transporting mail must be quali­ ington, D.C. 20260, for review and file. (3) for the replacement aircraft. fied under FAA Rules and Regulations All operator and pilot responsibilities, (7) Registration of pilot personnel. and special POD requirements. procedures and actions required in the (i) Prior to starting service over an air (ii) No person may act as a pilot-in­ transport of mail will be adequately taxi route, operator must furnish region command or copilot when flight and duty covered in the manual as an addendum with a listing of a personnel who will be time exceed limitations prescribed in to the appropriate section. assigned to fly the route. The listing § 535.4(c) (5). (3) Acquiring alpha designations.TI) should include flight experience, ratings (iii) Persons convicted of any crimeThe operator is responsible for securing and identification numbers of certificates involving theft or responsible for any three-letter alpha designators for use prescribed for pilots and copilots. actions which reflect unfavorably upon on postal documents and for publication (ii) Operator must notify Director, their integrity, shall not be assigned as in the Airmail Index from respective Logistics Division, of all personnel crew members in aircraft transporting FAA Regional Air Traffic Division. FAA changes within 10 calendar days and pro­ U.S. mail. They are subject to removal if regional addresses for application are as vide him with names and qualifications personnel screening process shows they follows: of replacement personnel. have been convicted of a felony. (8) Screening employees, (i) Opera­ Region Send application to— tors will be furnished a supply of Form (2) Pilot-in-command qualifications. Alaskan___ Chief, Air Traffic Division, The pilot-in-command of an air taxi 2025, Contract Personnel Questionnaire AL-500, 632 Sixth Avenue, and Form FD-258, Fingerprint Chart, by aircraft transporting U.S. mail must: Anchorage, Alaska 99501. (i) Possess at least a current FAA W estern __ Chief, Air Traffic Division, appropriate Director, Logistics Division. commercial pilot certificate with the fol­ WE—500, 5651 West Man­ (ii) Each operator or person employed lowing ratings: Multiengine land and chester Avenue, Post Office by an operator to handle mail must com­ instrument. Box 90007, Los Angeles, plete questionnaire form and have his (ii) Comply with any local and/or Calif. 90009. fingerprints taken within 10 days after Southern__ Chief, Air Traffic Division, beginning service. Exceptions to this re­ State requirements prescribed for pilots. SO-500, Post Office Box quirement are: (iii) Possess a valid medical certificate 20636, Atlanta, Ga. 30320. with a minimum Class II qualification. P acific____ Chief, Air Traffic Division, (a) Employees hired for an emer­ (iv) Have at least 1,000 hours of total PC—500, Post Office ' Box gency of less than 10 days. This does not flight time as pilot in powered aircraft 4009, Honolulu, Hawaii exempt regular, relief or substitute em­ 96812. ployees. of which 50 hours will have been flown in E astern___ Chief, Air Traffic Division, (b) Persons previously screened for the type aircraft in which he will serve EA-500, JFK International transportation of mail within a 1-year as pilot-in-command. Flying hours must Airport, New York, N.Y. period. include a minimum of 50 hours night 11430. Southwest_ (iii) Local postmasters will provide flight time and 50 hours of experience un­ Chief, Air Traffic Division, necessary assistance in accomplishing der actual instrument flight conditions. SW—500, Post Office Box forms and fingerprint cards. (v) Possess a current letter of com­ 1689, Fort Worth, Tex. petency indicating successful accom­ 76101. (iv) Operators will forward completed C entral___ Chief, Air Traffic Division, Form 2025 and fingerprint chart to ap­ plishment of 6-month flight check CE—500, 601 East 12th propriate Director, Logistics Division, for required by FAR 135.131. Authorization Street, Kansas City, Mo. to operate an aircraft under IFR condi­ 64106. further processing. tions with the use of an operable three- (b) Operational policies and require­ axis auto-pilot must be included for (ii) When operator combines or ments— (1) Inspecting air taxi opera­ single pilot operations. merges with another firm which results tions. Air taxi operators and their em­ in a change in the company name, the ployees will grant postal officials access (vi) Be route qualified as outlined in operator must apply for a new alpha FAA Order 8430.7A. to inspect aircraft and facilities used in identification code as outlined in (i) of connection with transporting mail, and (3) Copilot qualifications. Whenever a this subparagraph. will, on demand, exhibit and permit in­ copilot is assigned on air taxi aircraft (4) Filing notice of change of operator spection of airworthiness certificates, air­ transporting U.S. mail he must: name. When an operator combines or craft logs, and other pertinent credentials (i) Meet the same qualifications for merges his operations with another covering aircraft used to transport mail. pilot-in-command outlined in subpara­ operator or redesignates the company Pilots shall permit postal officials to ex­ graph (2) (i), (ii), and (iii) of this name, it is his responsibility to file with amine their airman’s certificate, 6-month Paragraph. CAB to obtain an amended exemption competency certificate, medical certifi­ (ii) Have at least 250 hours total flightand/or rate order under the new name. cate, FCC radio telephone operator per­ time as a pilot in powered aircraft, which This action will facilitate payment for mit, and flight log on demand. includes a minimum of 10 hours in the mail service to the new corporation or (2) Flight operations. Operators will: type aircraft in which he will serve as co­ company. (i) Comply with Part 135.65 FAR, by pilot, 25 hours of night flight time and 25 (5) Preparation of Post Office Depart­ providing an accredited weather observer hours of actual or simulated instrument ment forms. Operators are responsible when necessary at airports not having flight. for insuring that pilot personnel are this service on a full-time basis.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19806 RULES AND REGULATIONS (ii) Pile a flight plan with PAA for route. Each pilot who thereafter has not unloading operations, and within 50 feet each operation. flown over an assigned route and into of aircraft when there is mail on board (iii) Compile and enter aircraft weight those airports serving the route within during ground operations. and balance data on Form 2768 at each the preceding 60 days will certify on a (7) Withholding mail for safety viola­ stop point and leave completed form form provided by the operator that he tions. Serious offenses and violation of with local postal agent prior to departure. knows the subject listed below in regard established POD and PAA safety require­ (iv) Report promptly to appropriate to the routes and airports into which he ments may result in mail being withheld regional office all accidents and incidents is to operate. from flights until the offending condition involving aircraft carrying mail. (i) Weather characteristics appropri­ is corrected. (v) Not exceed flight and duty time ate to the seasons. (d) Performance responsibilities—(1) limitations prescribed in § 535.4(c) (5). (ii) Navigation facilities. Operational proficiency. Each operator (3) Transportation of personnel, (i) (iii) Communication procedures. must provide service at a minimum level Air taxi mail service operators will not (iv) Kinds of terrain and obstruction of 96 percent of schedule, exclusive of provide air transportation for postal in­ hazards. conditions over which the operator has spector or officials of the Department (v) Minimum safe flight levels. no control; e.g., bad weather, etc. without approval by the Bureau of (vi) Pertinent air traffic control pro­ (2) Maintaining schedules, (i) Air taxi Operations. cedures including terminal areas, arrival, mail service will be operated on schedules (ii) Unless the air taxi operator is au­ departures, and holding and all kinds of specified on Form 2752, except when thorized to carry passengers for com­ instrument approach procedures. weather or other causes beyond the con­ pensation, the only persons who may be (vii) Congested areas, obstructions trol of the operator intervene. Published carried aboard the airplane while it is and physical layout of each airport in the schedules are based on block-to-block engaged in the carriage of mail are the terminal area in which the pilot will op­ time. The operator must maintain a rec­ following: erate, and for operations under IFR. ord of interruptions and delays and prove (a) Active crew members. (5) Flight and duty time limitations. validity thereof. (b) Persons traveling to or from a The following flight and duty time limi­ (ii) Aircraft will be preflighted, fueled, crew member assignment. tations apply to pilots of aircraft engaged and in position for loading a minimum of (c) Employees of the air taxi operator in air taxi mail service: 15 minutes prior to scheduled departure when traveling on company business re­ (i) Total flight time of pilots may not from trip originating terminal. There­ lated to the route and mail service exceed: after, all schedules will be adhered to operations. (a) 36 hours in any 7 days. commensurate with uncontrollable de­ (d) Authorized representative of the (b) 120 hours in any 30 consecutive lays, acquisition of weather information, PAA conducting an en route inspection. days. en route maintenance, etc. (e) Personnel specifically designated (c) 1,300 hours during any calendar (iii) . Failure on the part of the operator by the Bureau of Operations. Above per­ year. to arrange for timely and adequate pre­ sonnel, with the exception of those in (ii) The operator may not schedule flight and snow, ice, or frost removal (ii) (d), may be carried only if required any pilot for duty aloft for more than 8 from aircraft to meet flight departure airlift space and weight for mail is not horns during any 24 consecutive horns schedules will not be considered a compromised. without a rest period at or before the end weather-caused delay or cancellation. (4) Penalties for mishandling mail of that 8 hours, equal to twice the num­ (3) Delay or cancellation, (i) Operator and operational irregularities. Operators ber of hours of duty aloft since the last is responsible for dispatching aircraft are subject to pecuniary penalties for period, but not less than 8 hours. operating under questionable weather mishandling mail and for certain opera­ (iii) Each pilot Who has been on duty conditions. The operational decisions tional irregularities, as prescribed in this aloft for more than 8 hours during any made by the pilot-in-command of the part. 24 consecutive hours must be given, upon aircraft will always be accepted by air (5) Cooperating with postal inspector. completion of his assigned flight or series stop postal agents. Postal inspectors are special representa­ of flights, at least 16 hours of rest before (ii) Operator must advise local postal tives of the Postmaster General. All air being assigned to any duty with the unit of delayed departures or cancel­ taxi operators and their employees en­ operator. lations. gaged in transportation of mail are re­ (iv) The operator shall relieve pilots (4) Irregular operations, (i) The op­ quired to cooperate with and assist from all further duty for at least 24 con­ erator is responsible for promptly notify­ inspectors in performing their duties secutive hours during any 7 consecutive ing local postal unit of any planned which may include opening pouches and days. deviations from authorized schedule. sacks and examining mail therein. (v) The operator may not assign any (ii) In the event a scheduled flight (c) Safety responsibilities—(1) Gen­pilot to any duty with the operator dur­ must divert to an alternate airport while eral. (i) Air taxi operators must comply ing any required rest period. airborne, the pilot, whenever possible, with all PAA safety regulations appli­ (vi) Time spent in transportation, not should advise the postal unit to be over­ cable to air taxi operators involving local in character, that the operator re­ flown of his alternate destination transportation of passengers, whether or quires of a pilot and provides to transport through air/ground communications. not they are covered by specific instruc­ the pilot to an airport at which he is to (iii) Upon arrival at alternate air­ tions from the Post Office Department. serve on a flight as a pilot, or from an port, the pilot will contact the postal (ii) Conditions detrimental to a safe airport at which he was relieved from unit at the scheduled destination for operation will be reported by air taxi duty to return to his home station, is not instructions. operators to responsible regional postal considered part of a rest period. (e) Mail handling responsibilities—• officials for consideration and appropri­ (vii) A pilot is not considered to be (1) Transporting mail, (i) The operator ate corrective action. scheduled for duty in excess of flight time will transport and transfer mail as or­ (2) Aircraft engine shutdown, (i) limitations if the flights to which he is dered on dispatch documents and related Aircraft engines shall be stopped when assigned are scheduled and normally coding on pouch labels, or instructions mail is being loaded or unloaded. terminate within the limitations, but due from postal transfer employees. Mis- (ii) Aircraft engines shall not be to circumstances beyond the control of handlings which result in delayed deliv­ started until all postal personnel and/or the operator (such as adverse weather ery of the mail, may subject the operator vehicles are clear of the ramp area. conditions) are not at the time of depar­ to a financial penalty. (3) Vehicles approaching parked air­ ture expected to reach their destination (ii) Exchange of mail at each airport craft. Operator personnel are responsible within the scheduled time. will be at the time and place authorized for directing approaching postal vehicles (viii) Each pilot shall be relieved from by the Director, Logistics Division. to parked aircraft for loading/unloading all duty for at least 10 consecutive hours (2) Protection. The operator is re­ of mail. during any 24-hour period. sponsible and accountable for mail in (4) Route familiarity. Initially, each (6) Fire prevention. Every precaution his custody. Operator assumes respon­ pilot must be route-qualified prior to act­ must be taken to protect mail from fire. sibility for the mail from the time it is ing as pilot-in-command on any mail Smoking is prohibited during loading or tendered to him for loading and until it

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 RULES AND REGULATIONS 19807 is unloaded and delivered to post office (iv) Proper receipt and dispatch of (ii) Multielement rate route. Mail for custody. The following requirements mail to air taxis. air taxi mail routes authorized to be paid must be observed: (v) Promptly notifying downline postal at the multielement rate will be docu­ (i) Mail must not be left exposed or units of air taxi cancellations and delays. mented on Forms 2729 and 2713, Dispatch otherwise subjected to possible theft, (b) Ground handling services. The Record of First-class Mail by Air, in the rifling or damage by weather. handling of mail to and from the aircraft manner prescribed for certificated air (ii) When a damaged pouch is dis­ may be performed by postal personnel or carriers. Completed forms will be sent covered, it will be turned into the first mail messenger service, whichever is de­ to the Dallas Postal Data Center. available postal unit for repouching and termined to be more economical. (d) Ground safety.—(1) Safety pre­ redispatch. (c) Dispatch of mail. (1) (i) Air taxi cautions. (i) The 14 safety rules set forth (3) Loading aircraft, (i) The pilot-in­ mail service schedules are established in chapter IV, paragraph H, POD Super­ command is responsible for loading his with many close connections. Conse­ visors’ Safety Hahdbook, Personnel Series aircraft. He will not accept mail in ex­ quently, postmasters must insure that 13, apply to all drivers and postal motor cess of the allowable load, taking into mail is dispatched in ample time so that vehicles operating on airfields used by air consideration the gross loading and cen­ it will be loaded for on-time departure of taxi mail service aircraft. Deviations au­ ter of gravity limits of the aircraft. the air taxi. Sufficient time must be given thorized by local postmasters must be in (ii) POD or POD contract personnel the pilot to complete weight and balance writing and made available to operators are not authorized to load/unload or dis­ checks and other safety requirements be­ and airport managers. tribute mail within the aircraft. fore scheduled takeoff. (ii) Postal personnel and vehicles shall (iii) Mail for two or more destinations (ii) Pouches will be separated by des­ not approach aircraft until the aircraft will be loaded in a manner which will tination prior to delivery to the air taxi and aircraft propellers have come to a preserve the destination separation and and pilot will be furnished total weight complete stop. facilitate unloading at off-load point. of mail for each off-load destination. (iii) Only drivers who have been espe­ (iv) All mail must be securely tied (iii) Due to the critical requirements cially trained and qualified shall be au­ down in a manner that will preclude any for loading small aircraft properly, it is thorized to engage in the movement of shifting en route regardless of amount or essential that all dispatches be accurately postal vehicles on airfields. size.. weighed and correctly recorded on pouch (iv) Drivers of postal motor vehicles (v) Mail shall be loaded so that it does labels and dispatch records. must not drive under any part of, or not restrict access to emergency exits. (2) Routing and priority of mail: (i) operate within 5 feet of parked aircraft. (vi) All compartments must be checked Mail will be dispatched to air taxis in (v) Drivers will normally approach the to insure they are closed and secured accordance with the following priority: aircraft from the rear and turn upon prior to take-off. (a) Airmail. approaching the wing before stopping. (vii) Prior to each take-off the pilot (b) First-class mail. This will preclude backing the vehicle. will complete Form 2768, Aircraft Weight (c) Other classes (when specifically If vehicle must be backed into a loading and Balance Data Card, and mail or leave authorized by the Department). or unloading position, the pilot or em­ it with a POD representative at each (ii) When an overload condition oc­ ployee of the operator will guide and point of departure. curs, priority in loading FCM must be direct the driver. When in position* the (4) Disposition of mail from canceled given to that mail which will normally driver must: or irregular flights, (i) When a trip is receive overnight delivery. (a) Put vehicle in neutral or park canceled at the initial terminal or any (iii) Mail cannot be routed for inter­ position. point en route, the operator must line transfer to or from an air taxi route (b) Set hand brake tight. promptly notify the nearest postal trans­ unless both air carriers are authorized to (C) SHUT ENGINE OFF. fer clerk or postmaster. transport mail at the multielement or (d) Chock planeside of truck if ramp (ii) Disposition of mail will be in ac­ pound rate of pay. pitches toward aircraft. cordance with instructions of the local (iv) Mail due connection to or from an (e) Reports—(1) Mail handling irreg­ postal unit. air taxi mail route not authorized to ularities. Form 2759, Report of Irregular (iii) If a mail flight terminates at a transport mail under multielement or Handling of Mail, will be used to report point short of destination due to weather pound rate of pay must be routed to the air taxi mail service irregularities. The or mechanical failure, the operator may, postal facility at the transfer point for appropriate airport mail facility, trans­ with prior approval of the Director, Lo­ processing. fer office, or sectional center will prepare gistic Division, transport the mail to des­ (3) Air taxi mail dispatch document: and process Form 2759 in accordance tination by surface. Form 2764, Dispatch Record Air Taxi with § 533.7(a) of this chapter. A de­ (5) Unloading aircraft. The pilot is Mail Service, will be used to document scription and classification of reportable responsible for unloading aircraft at off­ mail dispatched on air taxis except irregularities are outlined in § 533.7(c) load points and for security and protec­ when an air taxi operator transports of this chapter. tion of mail until tendered to authorized mail on a pound or multielement rate. (2) Operational irregularity. Postal Postal agent. Form 2764 consists of eight pre-carboned units at air taxi stop points will: sheets and is used for a specific trip from (i) Promptly report operating irreg­ § 535.5 Postal unit responsibilities and Saturday through Friday of each week. procedures for air taxi operations. ularities to appropriate regional office. The postal unit at the airport facility Operational irregularities include flight (a) Management. Postmasters of tendering mail to air taxis initiates the cancellation, late arrivals, use of un­ postal units located on air taxi routes will form and records daily volume of mail authorized aircraft, and equipment de­ Provide necessary management support dispatched. A copy is given to the air taxi ficiencies when aircraft used cannot in administering air taxi mail service. pilot each day the trip operates. At the accommodate the volume of mail speci­ (1) Postmaster responsibilities. Post­end of the week, the mail volume totals fied in the terms of the proposal. masters’ primary responsibilities include : will be tabulated and the second copy of (i) Certifying, preparing, and submit­ the form is forwarded to the Dallas (ii) Advise region when volume of mail ting Form 2756, Certification of Air Taxi Postal Data Center. The original copy is available for air taxi exceeds specified Mail Service Performed, as prescribed in retained by the dispatching postal unit capacity of aircraft. § 535.7(b), when designated as certifying for 2 years. (iii) Advise region promptly of any air Postmaster by Form 2752, Air Taxi Mail (4) Pound and multielement rate dis­ taxi incidents or of any known or sus­ Service Action. patch record: pected safety violations. (ii) Assisting operator personnel in (i) Pound rate route. Prepare Form (3) Reporting accidents, (i) Postal Preparation of Form 2025, and finger­ 2729, Weekly Summary of Airmail Dis­ units will report promptly to designated print cards for POD personnel screening patched, when an air taxi transports regional officials all accidents involving requirements. mail for a pound rate. Separate entries aircraft carrying mail. (iii) Maintaining and submitting will be made for airmail and FCM. Send (ii) The contents of the report should taxi operational reports as directed completed forms to the Dallas Postal adequately describe such details as date, regions. Data Center. time, place, trip number, aircraft type

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19808 RULES AND REGULATIONS and number, weather conditions at the The amount of the penalty is based on (1) Types of adjustment, (i) Adjust­ time of the accident, damages, injuries the authorized rate (0.40 cents) per mile, ment in the rate will be considered for and classes of mail by weight, and con­ less the percentage of capacity not made costs which could not have been reason­ dition of mail. A brief history of the available (25 percent). Using these fig­ ably anticipated, such as the following: flight and known or suspected cause fac­ ures, the penalty would be 0.10 cents per (a) Increase in aircraft requirements tors should be included. mile. to comply with new safety regulations of (iii) Mail in aircraft involved in acci­ (ii) The Director, Logistics Division, the POD or the FAA. dents will not be disturbed except to pre­ will compute penalty and forward par­ (b) Increase in requirements for ca­ vent further damage until released by a ticulars to Air Branch, Traffic Manage­ pacity or speed. representative of the National Transpor­ ment Division, Bureau of Operations. (c) General increase within a State or tation Safety Board or an PAA official. regional area involving fuel costs, wages It must be guarded until the arrival of a § 535.7 Certification and payment for and salaries of pilots or maintenance postal official. services. personnel. (Operators are normally not (a) Validation of service performed. eligible for rate adjustments in fuel, oil § 535.6 Penalties. The pilot will complete Form 2755, Air or wages until 1 year from filing of Notice (a) Policy. Operators are subject to Taxi Mail Service Performed, for each of Intent.) monetary penalties for unjustified fail­ scheduled trip. He will record arrival (d) Landing or ramp fees resulting ure to discharge their mail service re­ and departure time for every air stop from new policies or rate changes at sponsibilities and for specific mail han­ served. At the end of the trip copies 1 airports served. dling irregularities reported on Form and 2 will be promptly turned into the (ii) Adjustments will not be allowed 2759 by postal units concerned. terminal postal unit. Delay in submission for increased costs, such as the following: (1) Irregularies subject to penalty. Ir­of form could cause delay in payment due (a) Aircraft or equipment changes at regularities attributed to operators will operator. the option of the operator. be identified, evaluated, and reported to (1) If service is provided over a route (b) Aircraft or equipment changes re­ the Department for review and imposi­ from the headout terminal to an outer quired to meet FAA or postal regulations tion of a penalty, if warranted. Insure terminal and returns to the headout ter­ in effect at the time the rate was estab­ that prompt reports are submitted to Di­ minal using the same aircraft and pilot, lished by temporary contract or Notice rector, Logistics Division, on the follow­ both the outbound and inbound service of Intent to the Civil Aeronautics Board. ing irregularities which are normally will be reported on one Form 2755 as a (c) Hanger costs which should have preventable and within control of the round trip. been anticipated as a normal service operator. (2) If service is provided over a route requirement. (1) Mail refusal: Inability or refusal from the headout terminal to an outer (d) Landing and other airport service of operator to accept mail within the terminal by one aircraft and pilot and fees in effect on the date the proposed agreed allocation. When mail in excess from the outer terminal to the headout rate was submitted. of amount specified in Form 2752 is re­ terminal by a second aircraft and pilot, (e) Insurance cost increases unless re­ fused, it is not considered a “refusal” each pilot will report this portion of the sulting from an order by a state insur­ but will be reported as “mail theft”. service on Form 2755 as a one-way trip. ance board or other Government agency, (ii) Failure to protect mail. (Fire, (b) Condition for payment. (1) Full or unless comparable increases are being damage, weather, or leaving mail payment will be allowed when: assessed against all other ATCO opera­ unattended). (1) Service is performed in accordance tions in the area. (iii) Failure to notify postal unit of with published schedule. (2) Filing procedures. In adjustments irregular operation. (ii) Operator begins a trip but ter­ which involve additional capital expend­ (iv) Failure to provide specified air­ minates at an intermediate stop or an al­ itures, the operator shall take the fol­ craft. (Except in emergencies when ternate point because of weather or lowing steps: equipment substitution is made with other conditions beyond the pilot’s con­ (i) Document the amount of increase prior regional approval). trol, except mechanical failures and ac­ in capital expenditure. (v) Others. Includes operator perform­ cidents or incidents which prevent com­ (ii) For change of aircraft, he should ance, incidents and conditions not con­ pletion of trip. determine the difference in capital ex­ ducive to a good air taxi mail service (2) Mileage deductions. Mileage de­ penditure involved between new aircraft operation. ductions will be made for trips, or por­ of the type operated and new aircraft of (2) Assessing penalties. Reported ir­ tions of trips, canceled because of the type required if new aircraft is actu­ regularities are investigated by the Di­ mechanical failure and complete trips ally procured. When new aircraft is not rector, Logistics Division, to determine canceled because of weather. procured, the actual increase in costs whether an operator should be penalized. (3) Transmittal of Form 2756. (i) At will be established not to exceed the dif­ If a penalty is warranted, the Director the end of each week, the postmaster of ference in cost of new aircraft of the will forward Form 2766, Advice and Rec­ the certifying postal unit will prepare types involved. ommendations for Fines—Airmail Irreg­ Form 2756, Certification of Air Taxi Mail (iii) For each new equipment com­ ularities, with a report of circumstances Service Performed, and submit it to the ponent, he should document the actual to the Bureau of Operations for review Dallas Postal Data Center. Form will be purchase price, finance costs, plus the and possible assessment of a penalty dispatched in a separate envelope en­ cost of installation. The cost of installa­ against the operator. dorsed “Form 2756” in the lower left tion must not exceed the established (3) Failure to provide specified pay- corner. manufacturer’s standard installation load. A penalty will be assessed whenever (ii) A copy of Form 2756 and related cost. an operator uses aircraft which does not copies of Form 2755 for the week will (iv) To determine the amortization provide weight capability for mail, as be forwarded to the Director, Logistics base, deduct the residual or disposal specified on Form 2750. This penalty Division, Attention: Manager, Air Trans­ value. Residual value for aircraft will be will be imposed even though all mail portation, for each route. calculated at 15 percent of cost, ás de­ termined per subdivision (iii) above. tendered was carried. § 535.8 Rate adjustment. (i) The following example shows how (v) Determine annual charge for to compute penalty: (a) Purpose. When air taxi operatorsamortization. For amortization purposes, incur costs which could not be reason­ the service life of components and air­ (a) If specified mail capacity require­ ably anticipated at the time the rate for craft is considered to be 7 years for Pis­ ment is: 2,000 pounds, and their service was established, they may ton Aircraft, 10 years for Turbo Prop (b) capacity of replacement aircraft petition the POD for a rate adjustment Aircraft, and 12 years for Jet-powered is: 1,500 pounds, on Form 2751-C, Rate Adjustment Re­ Aircraft. When used aircraft or compo­ (c) required weight capacity not avail­ quest. Necessary forms may be obtained nents are involved, the amortization rate able: 500 pounds, or 25 percent from the Director, Logistics Division, of shall not exceed that for new equipment. (d) the normal authorized route pay­ the postal region responsible for admin­ (vi) Submit completed forms and re­ ment per mile is 0.40 cents. istering the route involved. quired documentation of added cost to

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 RULES AND REGULATIONS 19809 appropriate Director, Logistics Division, (b) General explanation. Three typesthe Deputy Administrator, to a date not for evaluation and processing. of transfers of farm allotments within later than the close of the normal plant­ Note: The corresponding Postal Manual the same county to take effect during the ing period for the State or area. The sections are 535.1 through 535.8. 1968, 1969, and 1970 crop years are per­ State committee, with the approval of mitted in accordance with the terms and the Deputy Administrator, may author­ D avid A. N elson, conditions in § 729.69. Transfers by sale ize the acceptance of a late-filed appli­ General Counsel. would be permanent transfers of allot­ cation in cases where the State [F.R. Doc. 69-15002; Piled, Dec. 17, 1969; ment and related acreage history and committee determines that the late filing 8:47 a.m.] marketing quota. Transfers by lease resulted from misunderstanding of the would be temporary for the term of the filing requirements after oral discussion lease not to exceed 5 years. Transfers by between the applicant and a representa­ Title 7— AGRICULTURE owner on a permanent basis or on a tive of the county committee. temporary basis not to exceed 5 years (Secs. 358a, 375, 81 Stat. 658, as amended, Chapter VII— Agricultural Stabiliza­ would be made from a farm owned by 52 Stat. 66, as amended, 7 U.S.C. 1358a, 1375) tion and Conservation Service him to another farm in the same county owned or controlled by him. The receiv­ Effective date: Date of filing with the (Agricultural Adjustment), Depart­ Director, Office of the Federal Register. ment of Agriculture ing farm need not be an old farm but the total allotment transferred to the re­ Signed at Washington, D.C., on De­ SUBCHAPTER B— FARM MARKETING QUOTAS ceiving farm during 1968, 1969, and cember 12, 1969. AND ACREAGE ALLOTMENTS 1970, in the case of sale and lease trans­ [Arndt. 2] fers but not in the case of transfers by K enneth E. F rick, owner on a permanent or temporary ba­ Administrator, Agricultural Sta­ PART 729— PEANUTS sis, shall not exceed 50 acres. bilization and Conservation Subpart— Regulations for Determina­ 2. Paragraphs (a) and (b) of § 729.69 Service. tion of Acreage Allotments and are revised to read as follows:’ [F.R. Doc. 69-15037; Filed, Dec. 17, 1969; Marketing Quotas for 1969 and § 729.69 Terms and conditions appli­ 8:49 a.m.] Subsequent Crops of Peanuts cable to transfers under section 358a .of the act. Transfer of Allotments "for 1970 Chapter IX— Consumer and Market­ (a) Persons eligible to file applications ing Service (Marketing Agreements This amendment of the allotment and for transfer. (1) Sale or lease. The owner marketing quota regulations for peanuts and operator of any old farm as defined and Orders; Fruits, Vegetables, of the 1969 and subsequent crops is is­ in § 729.6 for which a peanut farm allot­ Nuts), Department of Agriculture sued pursuant to the Agricultural Ad­ ment is or will be established for the [Grapefruit Reg. 68, Arndt; 2] justment Act of 1938, as amended (7 year in which the transfer by sale or Ü.S.C. 1281 et seq.). lease is to take effect (1968-70) shall be PART 905— ORANGES, GRAPEFRUIT, The purpose of this amendment is to eligible to file an application for sale or extend the authority to transfer peanut TANGERINES, AND TANGELOS lease of all or any part of such allotment GROWN IN FLORIDA acreage allotments for the 1970 crop year, to any other owner or operator of a farm pursuant to Public Law 91-122 (83 Stat. in the same county. The receiving farm Limitation of Shipments 213, approved Nov. 21,1969). need not be an old farm. If the owner Peanut producers are now making and operator of the farm from, which Findings. (1) Pursuant to the market­ plans for the 1970 crop year and it is es­ transfer by sale or lease is to be made ing agreement, as amended, and Order sential that this amendment be made ef­ are different persons, both such persons No. 905, as amended (7 CFR Part 905, fective as soon as possible. Accordingly, shall execute the application. 34 F.R. 12426), regulating the handling it is hereby determined and found that (2) By owner. The owner of any oldof oranges, grapefruit, tangerines, and compliance with the notice, public pro­ farm as defined in § 729.6 for which a tangelos grown in Florida, effective under cedure and 30-day effective date require­ peanut farm allotment is or will be es­ the applicable provisions of the Agricul­ ments of 5 U.S.C. 553 is impracticable tablished for the year in which the trans­ tural Marketing Agreement Act of 1937, and contrary to the public interest and fer is to take effect (1968-70) is eligible as amended (7 U.S.C. 601-674), and upon this amendment shall become effective to file an application to transfer such the basis of the recommendation of the upon filing of this document with the allotment from the farm to another farm committees established under the afore­ Director, Office of the Federal Register. in the same county owned or controlled said amended marketing agreement and The regulations for determination of by such owner. The county - committee order, and upon other available infor­ acreage allotments and marketing quotas shall approve a transfer under this sub- mation, it is hereby found that the limi­ for 1969 and subsequent crops of peanuts paragraph requested on a nonpermanent tation of shipments of grapefruit, as (33 F.R. 18351, 18981, 34 F.R. 14201) are basis to a farm controlled but not owned hereinbefore provided, will tend to effec­ amended as follows: by the applicant only if such applicant tuate the declared policy of the act. 1. Section 729.68 is revised to read aswill be the operator of the farm to which (2) The recommendation by the com­ follows: transfer is to be made for each of the mittees reflect their appraisal of the po­ § 729.68 Authorization of and general years for which the transfer is requested. tential marketing situation during the explanation of transfers of farm al­ However, if the county committee de­ week in which Christmas Day occurs lotments for 1968, 1969, and 1970 termines that the applicant is prevented and for the period immediately following. under section 358a o f the act. from remaining the operator of such Historically, there has been heavy pur­ (a) Authorization of transfers. It is farm for which such transfer has been chasing of fresh grapefruit in the ter­ hereby determined and found that trans­ approved due to conditions beyond his minal markets prior to Christmas Ddy control, the transfer shall remain in followed by a period of slow movement fers of peanut acreage allotments to take effect. Conditions beyond his control effect during the 1968, 1969, and 1970 immediately following thé holiday. In­ Shall include, but are not limited to ordinate shipments in the period of slow crop years in accordance with the pro­ death, illness, incompetency, or bank­ movement tend to depress market prices visions of section 358a of the act will not ruptcy of such person. and returns to growers. Hence, the cur­ impair the effective operation of the pea­ (b) When application to be filed. Ap­ tailment of grapefruit shipments, as nut marketing quota ©r price support plications for transfers to take effect hereinafter specified, is necessary to Programs. Accordingly, such transfers of during 1970 shall be filed during thp prevent a buildup of grapefruit supplies allotment shall be permitted in accord­ period November 26,1969 to April l, 1970, in the markets during and immediately both dates inclusive. The final date for following the Christmas Day week in ance with the provisions of this section such period may be extended by the order to prevent unduly depressed mar­ and § 729.69. State committee, with the approval of ket prices and returns to growers.

FEDERAL REGISTER, VOL. 34, NO. 242— -THURSDAY, DECEMBER 18, 1969 No. 242---- 3 t 19810 RULES AND REGULATIONS (3) It is hereby further found that it Dated, December 12, 1969, to become suant to Orange Regulation 64 (34 is impracticable, unnecessary, and con­ effective December 23,1969. F.R. 19067) and, unless sooner ter­ minated or modified, will continue to trary to the public interest to give pre­ P aul A. Nicholson, liminary notice, engage in public rule- Deputy Director, Fruit and Veg­ be so regulated through September 13, making procedure, and postpone the ef­ 1970; determinations as to need for, and etable Division, Consumer and extent of, regulation under § 905.52(a) fective date of this amendment until 30 Marketing Service. days after publication thereof in the (3) of the order must await the develop­ F ederal R egister (5 U.S.C. 553) in that [F.R. Doc. 69-14977; Filed, Dec. 17, 1969; ment of the crop and the availability of the time intervening between the date 8:45 a.m.] information about the demand for such when information upon which this fruit; the recommendation and support­ amendment is based became available [Orange Reg. 64, Amdt. 1] ing information for limiting the total and the time when this amendment must quantity of fresh oranges by prohibiting become effective in order to effectuate PART 905— ORANGES, GRAPEFRUIT, the shipment thereof, pursuant to said the declared policy of the act is insuffi­ TANGERINES, AND TANGELOS section, during the period December 23 cient ; a reasonable time is permitted, GROWN IN FLORIDA through December 29, 1969, as herein under the circumstances, for prepara­ provided, were promptly submitted to the tion for such effective time; and good Limitation of Shipments Department after an open meeting on cause exists for making the provisions Findings. (1) Pursuant to the market­ December 3, 1969, to consider recom­ hereof effective not later than Decem­ ing agreement, as amended, and Order mendations for such regulation, after ber 23, 1969, Domestic shipments of No. 905, as amended (7 CFR Part 905, giving due notice of such meeting, and Florida grapefruit are currently regu­ 34 F.R. 12426), regulating the handling interested persons were afforded an op­ lated pursuant to Grapefruit Regulation of oranges, grapefruit, tangerines, and portunity to submit their views at this 68 (34 F.R. 14380, 18449) and, unless tángelos grown in Florida, effective under meeting; supplemental information was sooner terminated or modified, will con­ the applicable provisions of the Agricul­ submitted to the Department on Decem­ tinue to be so regulated through Sep­ tural Marketing Agreement Act of 1937, ber 11, 1969; information regarding the tember 13, 1970; determinations as to as amended (7 U.S.C. 601-674), and upon provisions of the regulation recom­ need for, and extent of, regulation under the basis of the recommendation of the mended by the committee has been dis­ § 905.52(a) (3) of the order must await committees established under the afore­ seminated among shippers of oranges the development of the crop and the said amended marketing agreement and grown in the production area, and this availability of information about the de­ order, and upon other available infor­ regulation, including the effective time mand for such fruit; the recommenda­ mation, it is hereby found that the thereof, is identical with the recom­ tion and supporting information for lim­ limitation of shipments of oranges, as mendation of the committees; and iting the total quantity of fresh grape­ hereinafter provided, will tend to effec­ compliance with this regulation will not fruit by prohibiting the shipment thereof, tuate the declared policy of the act. require any special preparation on the pursuant to said section, during the pe­ (2) The recommendation by the com­ part of persons subject thereto which riod December 23 through December 29r mittees reflects their appraisal of the po­ cannot be completed on or before the 1969, as herein provided, were promptly tential marketing situation during the effective time hereof. submitted to the Department after an week in which Christmas Day occurs and (a) Order. In paragraph (a) of open meeting on December 3, 1969, to for the period immediately following. § 905.520 (Orange Reg. 64; 34 F.R. consider recommendations for such reg­ Historically, there has been heavy pur­ 19067) the provisions of paragraph (a) ulation, after giving due notice of such chasing of fresh oranges in the terminal (2) preceding subdivision (i) thereof are meeting, and interested persons were af­ markets prior to Christmas Day followed revised and a new paragraph (a)(3) is forded an opportunity to submit their by a period of slow movement immedi­ added reading as follows: views at this meeting; supplemental in­ ately following the holiday. Inordinate formation was submitted to the Depart­ shipments in the period of slow move­ § 905.520 Orange Regulation 64. ment on December 11, 1969; information ment tend to depress market prices and (a) * * * regarding the provisions of the regula­ returns to growers. Hence, the curtail­ (2) Except as otherwise provided in tion recommended by the committees has ment of orange shipments, as hereinafter paragraph (a) (3) during the period De­ been disseminated among shippers of specified, is necessary to prevent a build­ cember 1, 1969, through September 13, grapefruit grown in the production area, up of orange supplies in the markets 1970, no handler shall ship between the and this regulation, including the effec­ during and immediately following the production area and any point outside tive time thereof, is identical with the Christmas Day week in order to prevent thereof in the continental United States, recommendation of the committees; and unduly depressed market prices and compliance with this regulation will not Canada, or Mexico: returns to growers. * * * * * require any special preparation on the (3) It is hereby further found that it is part of persons subject thereto which impracticable, unnecessary, and con­ (3) During the period December 23 cannot be completed on or before the trary to the public interest to give pre­ through December 29, 1969, no handler effective time hereof. liminary notice, engage in public rule- shall ship between the production area (a) Order. In § 905.514 (Grapefruitmaking procedure, and postpone the and any point outside thereof in the con­ Reg. 68, 34 F.R. 14380, 18449) the provi­ effective date of this amendment until 30 tinental United States, Canada, or sions of paragraph (a) (2) are revised to days after publication thereof in the Mexico, any oranges grown in the pro­ read as follows; F ederal R egister (5 U.S.C. 553) in that duction area. § 905.514 Grapefruit Regulation 68. the time intervening between the date ***** when information upon which this (a) * * * amendment is based became available (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (2) During the period December 23and the time when this amendment must 601-674) through December 29, 1969, no handler shall ship between the production area become effective in order to effectuate Dated, December 12, 1969, to become the declared policy of the act is insuffi­ effective December 23, 1969. and any point outside thereof in the cient; a reasonable time is permitted, continental United States, Canada, or under the circumstances, for preparation P aul A. N icholson, Mexico, any grapefruit grown in the for such effective time; and good cause Deputy Director, Fruit and production area. exists for making the provisions hereof Vegetable Division, Consumer ***** effective not later than December 23, and Marketing Service. (Secs. 1-19, 48 Stat. 31, as amended; 7 UJS.C. 1969. Domestic shipments of Florida [F.R. Doc. 69-14978; Filed, Dec. 17, 1969; 601-674) oranges are currently regulated pur­ 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 RULES AND REGULATIONS 19811 [Navel Orange Reg. 188] need for regulation; interested persons PART 907— NAVEL ORANGES were afforded an opportunity to submit Title 50— WILDLIFE AND information and views at this meeting; GROWN IN ARIZONA AND DESIG­ the recommendation and supporting in­ NATED PART OF CALIFORNIA formation for regulation during the FISHERIES Chapter I— Bureau of Sport Fisheries Limitation of Handling period specified herein were promptly submitted to the Department after such and Wildlife, Fish and Wildlife § 907.488 Navel Orange Regulation 188. meeting was held; the provisions of this Service, Department of the Interior section, including its effective time, are (a) Findings. (1) Pursuant to the mar­ PART 33— SPORT FISHING keting agreement, as amended, and Or­ identical with the aforesaid recom­ der No. 907, as amended (7 CFR Part mendation of the committee, and in­ Big Lake National Wildlife Refuge, 907, 33 F.R. 15471), regulating the han­ formation concerning such provisions Ark. and effective time has been disseminated dling of Navel oranges grown in Arizona The following special regulations are and designated part of California, effec­ among handlers of such Navel oranges; it is necessary, in order to effectuate the issued and are effective on date of pub­ tive under the applicable provisions of lication in the F ederal R egister. the Agricultural Marketing Agreement declared policy of the act, to make this Act of 1937, as amended (7 U.S.C. 601- section effective during the period herein § 33.5 Special regulations; sport fish­ 674), and upon the basis of the recom­ specified; and compliance with this sec­ ing; for individual wildlife refuge mendations and information submitted tion will not require any special prepara­ areas. Arkansas by the Navel Orange Administrative tion on the part of persons subject Committee, established under the said BIG LAKE NATIONAL WILDLIFE REFUGE amended marketing agreement and or­ hereto which cannot be completed on or Sport fishing on the Big Lake National der, and upon other available informa­ before the effective date hereof. Such Wildlife Refuge, Manila, Ark., is per­ tion, it is hereby found that the limita­ committee meeting was held on Decem­ mitted only on the areas designated by tion of handling of such Navel oranges, ber 16, 1969. signs as open to fishing. These open as hereinafter provided will tend to ef­ (b) Order. (1) The respective quanti­areas, comprising 4,000 acres, are de­ fectuate the declared policy of the act. ties of Navel oranges grown in Arizona lineated on a map available at the refuge (2) It is hereby further found that it headquarters and from the office of the is impracticable and contrary to the pub­ and designated part of California which Regional Director, Bureau of Sport Fish­ lic interest to give preliminary notice, may be handled during the period De­ eries and Wildlife, Peachtree-Seventh engage in public rule-making procedure, cember 19, 1969, through December 25, Building, Atlanta, Ga. 30323. Sport fish­ 1969, are hereby fixed as follows: ing shall be in accordance with all appli­ and postpone the effective date of this cable State regulations except the follow­ section until 30 days after publication (1) District 1: 400,000 cartons; (ii) District 2: 41,000 cartons; ing special conditions: hereof in the F ederal R egister (5 U.S.C. (1) The sport fishing season on the 553) because the time intervening be­ (iii) District 3: 50,000 cartons. refuge extends year-round except closed tween the date when information upon (2) As used in this section, “handled,” during waterfowl season. “District 1,” “District 2,” “District 3,” (2) Fishing is permitted during day­ which this section is based became avail­ light hours only. able and the time when this section must and “carton” have the same meaning as when used in said amended marketing The provisions of this special regula­ become effective in order to effectuate the tion supplement the regulations which declared policy of the act is insufficient, agreement and order. govern fishing on wildlife refuge areas and a reasonable time is permitted, under (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. generally which are set forth in Title 50, the circumstances, for preparation for 601-674) Code of Federal Regulations, Part 33 and such effective time; and good cause exists Dated: December 17, 1969. are effective through December 31, 1970. for making the provisions hereof effec­ W. L. T ow ns, P aul A. N icholson, Acting Regional Director, Bu­ tive as hereinafter set forth. The commit­ Deputy Director, Fruit and reau of Sport Fisheries and tee held an open meeting during the Vegetable Division, Consumer Wildlife. current week, after giving due notice and Marketing Service. D ecember 10, 1969. thereof, to consider supply and market [P.R. Doc. 69-15141; Piled, Dec. 17, 1969; [F.R. Doc. 69-14970; Filed, Dec. 17, 1969; conditions for Navel oranges and the 11:23 a.m.] 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19812 Proposed Rule Making

now exists no national flammability and carpets only under draft-protected DEPARTMENT OF COMMERCE standard for carpets and rugs affording conditions by requiring that the maxi­ protection to the general public from an mum dimension of charred area pro­ Office of the Secretary unreasonable risk of the occurrence of duced under certain carefully prescribed conditions and after controlled ignition [ 15 CFR Part 71 fire. An analysis of data and all com­ ments received and research conducted from a timed burning tablet shall not CARPETS AND RUGS pursuant to inquiry by this Department exceed a certain limit as set forth in the into flammability problems in carpets and Standard in Appendix I. From observa­ Notice of Proposed Flammability rugs reveals that carpets and rugs are tions made during development of this Standard being produced and made available for method, it can be concluded that if com­ consumer purchase which present, bustion has progressed to the limit de­ On December 3, 1968, there was pub­ fining failure in the test, combustion, lished in the F ederal R egister (33 F.R. through ordinary use, an unreasonable risk of the occurrence of fire leading to wherever initiated, may reasonably be 17921) a notice of finding that a flam­ expected to progress in actual service to mability standard or other regulation, death or personal injury, or significant property damage, arising from the fore­ the edges of the carpet and provide a including labeling, may be needed for possible source for subsequent ignition carpets and rugs, to protect the public seeable hazards of rapid flash burning or against unreasonable risk of the occur­ continuous slow burning or smoldering. of other furnishings. rence of fire leading to death, injury, or The proposed standard would remove The Department has (1) conducted an significant property damage, arising from from the market those rugs and carpets interlaboratory evaluation to develop the the hazards of rapid flash burning or which present either of these hazards. test method; (2) developed the test continuous slow burning or smoldering, This analysis further reveals that the method for use in connection with the and for institution of proceedings for proposed standard will protect against proposed flammability standard; and the development of an appropriate flam­ such risks and, at the same time, is rea­ (3) used the test method on a selected mability standard or other regulation. In sonable, technologically practicable and sample of carpets and rugs being offered order that the Department of Commerce, appropriate and is stated in objective at retail outlets selling to the consuming hereinafter referred to as the “Depart­ terms. The current state of the art in car­ public. The results of these latter tests ment,” might receive adequate and de­ pet and rug manufacture can conform to are given in Appendix n . liberative responses representing the this proposed standard, and rugs and Based on the analysis of the test data considered views and recommendations carpets are, in fact, available to the pub­ and subsequent economic investigations of interested persons and to accommo­ lic which meet the requirements of this by the Department's Office of Textiles, date a number of requests for additional proposed standard. This proposed stand­ the proposed standard in Appendix I has time to respond to the December 3 notice, ard is limited to rugs and carpets which been developed. the Department by notice in the F ederal present the hazards of rapid flash burn­ Participation in proceedings. All in­ R egister on January 10, 1969 (34 F.R. ing or continuous slow burning or smol­ terested persons are invited to submit 398), extended the period for filing com­ dering. The information upon which the written comments relative to the pro­ ments to February 3, 1969. finding is made indicates that such items posed flammability standard within 30 After review and analysis of the com­ present the unreasonable risks mentioned days after the date of publication of this ments received, analysis of material de­ above unless produced in conformance notice in the F ederal R egister. Written veloped through research, and after fur­ to the proposed standard. comments should be submitted in at least ther review of information previously In federally owned or leased buildings, four (4) copies to the Assistant Secretary cited in the December 3, 1968, F ederal a measure of protection against hazards for Science and Technology, Room 5051, R egister (33 F.R. 17921), it is hereby from the flammability of carpets and U.S. Department of Commerce, Wash­ found that a flammability standard for rugs is afforded through the requirement ington, D.C. 20230, and may include any carpets and rugs is needed to protect the of the Federal Supply Service, General data or other information pertinent to public against unreasonable risk of the Services Administration, that all rugs the subject. occurrence of fire leading to death, in­ and carpets purchased for use in such Inspection of relevant documents. The jury, or significant property damage aris­ buildings must comply with the flame written comments received pursuant to ing from the hazards of rapid flash resistance criteria of Federal Specifica­ this notice will be available for public burning or continuous slow burning or tion DDD-C-95, Carpets and Rugs, Wool, inspection at the Central Reference and smoldering. Nylon, Acrylic, Modacrylic. Under the Records Facility of the Department, Proposed standard. It is preliminarily test procedure prescribed therein, each Room 2122, Main Commerce Building, found that the proposed flammability of two specimens of carpet, conditioned 14th Street between E Street and Con­ standard as set out in full at the end at a prescribed temperature and relative stitution Avenue NW„ Washington, D.C. hereof as Appendix I: humidity and placed in a horizontal 20230. (a) Is needed for carpets and rugs position, is subjected to controlled igni­ to protect the public against unreason­ tion from a time burning tablet. Flam­ Issued; December 12, 1969. able risk of the occurrence of fire aris­ mability is evaluated by measuring the M yron T ribtjs, ing from the hazards of rapid flash burn­ maximum dimension of the charred area Assistant Secretary ing or continuous or slow burning or produced. for Science and Technology. smoldering, and leading to death, per­ The Department proposes that all sonal injury, or significant property carpets and rugs, and fabrics or related [Appendix I] damage; materials intended to be used, or which Carpets and R ugs (b) Is reasonable, technologically may reasonably be expected to be used practicable and appropriate and is stated as carpets or rugs, shall be classed as proposed standard for the resistance to in objective terms; and “resistant to flammability” in the test FLAMMABILITY OF CARPETS AND RUGS (c) Is limited to carpets and rugs method described in Appendix I. This (METHENAMINE PILL) which currently present the unreason­ test method is a modification of the test .1 Definitions able risks specified in (a) above. method in Federal Specification DDD- .•2 Scope and Application Basis for proposed flammability stand­ C-95, Carpets and Rugs, Wool, Nylon, .3 General Requirements ard. Although there are standards for Acrylic, Modacrylic. The method tests .4 Test Procedure certain specialized applications, there the resistance to flammability of rugs .5 Labeling

FEDERAL REGISTER. VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 PROPOSED RULE MAKING 19813 .1 Definitions. In addition to the defi­ .3 General requirements—(a) Sum­ (8) Hood. A hood capable of being nitions given in section 2 of the Flam­ mary of test method. This method in­ closed and having its draft turned off mable Fabrics Act, as amended (sec. 1, volves the exposure of each of eight con­ during each test and capable of rapidly 81 Stat. 568; 15 U.S.C. 1191), and section ditioned, replicate specimens of a given removing the products of combustion fol­ 7.2 of the Procedures (33 F.R. 14642, carpet or rug to a standard igniting lowing each test. The front or sides of Oct. 1, 1968), the following definitions source in a draft-protected environment the hood should be transparent to permit apply for the purposes of this Standard; and measurement of the proximity of observation of the tests in progress. (a) “Acceptance Criterion” means the charred portion to the edge of the (9) Mirror. A small mirror mounted that at least seven out of eight individual hole in the prescribed flattening frame. above each test chamber at an angle to specimens of a given carpet or rug shall (b) Test criterion. A specimen passes permit observation of the specimen from meet the test criterion as defined in this the test if the charred portion does not outside of the hood. Standard. extend to within one inch of the edge (10) Vacuum cleaner. A vacuum (b) “Carpet” means any type of fin­ of the hole in the flattening frame at cleaner to remove all loose material from ished product made in whole or in part any point. each specimen prior to conditioning. All of fabric or related material and intended (c) Acceptance criterion. If at least surfaces of the vacuum cleaner contact­ for use or which may reasonably be seven of the eight specimens meet the ing the specimen shall be flat and expected to be used as a floor covering test criterion, the material shall be classi­ smooth. which is exposed to traffic in homes, fied as resistant to flammability. (b) Sampling—(1) Selection of sam­ offices, or other places of assembly or .4 Test Procedure—(a) Apparatus— ples. If there is an applicable material accommodation, and which may or may (1) Test chamber. The test chamber shall specification, take a lot sample. If not, not be fastened to the floor by mechani­ consist of an open top hollow cube made select a sample of the material represent­ cal means such as nails, tacks, barbs, of noncombustible materialx with inside ative of the lot and large enough to per­ staples, adhesives, etc. Mats, hides with dimensions 12 x 12 x 12 inches (30,5 x 30.5 mit cutting eight specimens 9x9 inches natural or synthetic fibers, and other x 30.5 cm.) and a minimum of }4-inch (23 x 23 cm.), free from creases, fold similar products are included in this def­ (6.4 mm.) wall thickness. The flat bottom marks, delaminations or other distor­ inition, but resilient floor coverings such of the box shall be made of the same ma­ tions. The sample of material representa­ as linoleum, asphalt tile and vinyl tile terial as the sides and shall be easily tive of the lot may be more than one are not. removable. The sides shall be fastened carpet or rug. (c) “Rug” means, for the purposes of together with screws or brackets and If the carpet or rug has had a fire- this Standard, the same as carpet and taped to prevent air leakage into the box retardant treatment, or is made of fibers shall be accepted as interchangeable with during use. which have had a fire-retardant treat­ carpet. (A minimum of two chambers and two ment, the selected sample shall be (d) “Resistant to Flammability” extra bottoms are suggested for efficient washed, dry-cleaned or shampooed 10 means that a carpet or rug complies with operation.) times in a manner normally used for that the acceptance criterion. . (2) Flattening frame. A steel plate carpet or rug in service prior to cutting (e) “Timed Burning Tablet” means 9x9 inches (23x23 cm.), %-inch (6.4 of specimens. the methenamine tablet, weighing ap­ mm.) thick with an 8-inch (20.3 cm.) (2) Cutting. Cut eight 9± *4-in. (23± proximately 0.149 grams, sold as Cata­ diameter hole in its center is required 0.6 cm.) square specimens of each carpet logue No. 1588 by the Eli Lilly Co. of to hold the carpet 'or rug flat during the or rug to be tested. Indianapolis, Ind. 46206. course of the test. It is recommended that (c) Conditioning. Clean each specimen (f) “Test Criterion” means-the basis one be provided for each test chamber. with the vacuum cleaner until it is free for judging whether or not a single spec­ (3) Standard igniting source. No. 1588 from all loose ends left during the manu­ imen of carpet or rug has passed the test, methenamine timed burning tablet. facturing process and from any material i.e., the charred portion of a tested speci­ These tablets shall be stored in a desic­ that may have been worked into the pile men shall not extend to within one inch cator over a desiccant for 24 hours prior during handling.3 Care must be exercised of the edge of the hole in the flattening to use. (Small quantities of sorbed water to avoid “fuzzing” of the pile yam. frame at any point. may cause the tablets to fracture when Place the specimens in the drying oven (g) “Underlayment” means any pad, first ignited. If a major fracture occurs, in a manner that will permit free circula­ cushion, mat, or other material, used any results from that test shall be tion of the air at 105° C. around them for between the floor and the carpet or rug. ignored, and it shall be repeated.) 2 hours.4 Remove the specimens from the (h) “Fire-Retardant Treatment” (4) Test specimens. Each test speci­ oven and place them horizontally in the means any chemical or process to which men shall be a 9 x 9 inches (23 x 23 cm.) desiccator with pile side up and free from a carpet or rug has been exposed, which section of the carpet or rug to be tested. contact with each other until cooled to significantly modifies tjie resistance to Eight specimens are required. room temperature, but in no instance less flammability, as defined in this standard, (5) Circulating air oven. A forced than 1 hour. of the carpet or rug. circulation drying oven capable of re­ (d) Testing. Place the test chamber in •2 Scope and application, (a) This moving the moisture from the specimens the draft-protected environment (hood Standard provides a test method to de­ when maintained at 105° C. for 2 horns.* with draft off) with its bottom in place. termine the resistance to flammability of Remove a test specimen from the desic­ finished carpets and rugs when exposed (6) Dessicating cabinet. An air- and moisture-tight cabinet capable of hold­ cator, brush its surface with a gloved to a standard source of ignition under ing the floor covering specimens hori­ hand in such a manner as to raise its carefully prescribed draft-protected con­ zontally without contacting each other pile. Place the specimen on the center of ditions. It is applicable to all types of during the cooling period following dry­ the floor of the test chamber, pile side carpets and rugs used as floor covering ing, and containing an efficient desic­ up, exercising care that the specimen is materials regardless of their method of cant, such as calcium chloride or silica horizontal and flat. Place the flattening fabrication or whether they are made of frame on the specimen and position a natural or synthetic fibers or films, or gel. combinations of or substitutes for these. (7) Glove. A nonhygroscopic glove (b) This Standard requires the deter­(rubber, polyethylene, etc.) for raising 3 The vacuum cleaning described is not in­ the pile on specimens prior to testing. tended to simulate the effects of repeated mination of the resistance to flammabil­ vacuum cleaning in service. ity of carpets and rugs as such. However, 4 If the specimens are moist when received, because an underlayment may modify 1 14 -inch (6.4 mm.) cement asbestos board permit them to air-dry at laboratory condi­ the resistance to flammability of these is a suitable material. tions prior to placement in the oven. A satis­ materials under some conditions of use, 2 Option 1 of ASTM D 2654-67T, “Methodsfactory preconditioning procedure may be where the combination of carpet and of Test for Amount of Moisture in Textile found in ASTM D 1776-67, “Conditioning underlayment is available, consideration Materials,” describes a satisfactory oven. Textiles and Textile Products for Testing." (“1969 Book of ASTM Standards,” Part 24, ("1969 Book of ASTM Standards”, Part 24, should be given to performing the test on published by the American Society for Test­ published by the American Society for Test­ the combination as it would be used in ing and Materials, 1916 Race Street, Phila­ ing and Materials, 1916 Race Street, Phila­ service. delphia, Pa. 19103.) delphia, Pa. 19103.) FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19814 PROPOSED RULE MAKING methenamine tablet on one of its flat The results of the resistance to flam­ Subpart B— New Community Criteria and sides in the center of the 8-inch (20.3 mability tests are summarized in Table 1. Standards cm.) hole. T able 1.—R esistance of Carpets and R ugs T o Sec. Ignite the tablet by touching a lighted F ammabtuty 31.5 General criteria for new communities. match or an equivalent igniting source 31.6 Specific characteristics of a new com­ carefully to its top.5 Number munity. Item Number meeting 31.7 Other requirements for new commu­ Continue each test until one of the tested acceptance nity development. following conditions occurs: criterion (1) The last vestige of flame or glow Subpart C— Financial and Economic Criteria and disappears (this is frequently accom­ Carpets (from rolls)______...... ' 29 22 Standards panied by a final puff of smoke). Rugs and mats...... _.. ____ . 14 6 31.8 Economic feasibility. By pile fiber material: 1 (2) The flaming or smoldering has ap­ Acrylic______6 5 31.9 General financial plan and program. proached within 1 inch of the edge of Cotton...... - 2 1 Specific F inancial Elements the hole in the flattening frame at any Nylon------____ 10 10 Olefin------...... 8 5 31.10 Maximum Federal guarantee. point. Polyester______2 i When all combustion has ceased, ven­ Rayon______3 0, 31.11 Land valuation. Wool...... -...... 2 1 31.12 Cost estimation. tilate the hood and measure the shortest Blends...... ____ 10 3 31.13 Terms and conditions of borrowing. distance between the edge of the hole in By construction:1 31.14 Equity and working capital. Indoor-Outdoor...... ____ 4 4 the flattening frame and the charred Loop______10 8 31.15 Security for the guarantee. area. Record the distance measured for Plush...... _ ____ 5 5 31.16 Terms and conditions of payment un­ each specimen. Sculptured------____ 7 4 der the guarantee. Shag______5 2 31.17 [Reserved] Remove the specimen from the cham­ Tweed...... - ____ i 1 Twist______2 2 Subpart D— Procedures ber and remove any burn residue from Rugs and mats...... 14 6 the floor of the chamber. Before proceed­ 31.18 Pre-application proposal. ing to the next test, the floor must be 31.19 Application. i Fiber content and construction information as pro­ cooled to room temperature or replaced vided by the retailer. Some construction designations 31.20 Project agreement. with one that is at room temperature. were combinations of three types of construction, and 31.21 Issuance of guaranteed obligations. are listed with each type. Therefore, the individual 31.22 Project execution and monitoring. (e) Report—The number of speci­ numbers do not add up to the total number of carpets 31.23 [Reserved] mens of the eight tested in which the and rugs tested. charred area does not extend to within [F.R. Doc. 69-14969; Filed, Dec. 17, 1969; Subpart E— Fee and Charge Schedule one inch of the edge of the hole in the 8:45 a.m.] 31.24 Application charge. flattening frame shall be reported. 31.25 Commitment charge. (f) Interpretation of results—If the 31.26 Reopening charges. charred area does not extend to within 31.27 Guarantee fee. one inch of the edge of the hole in the DEPARTMENT OF HOUSING 31.28 Annual fee. flattening frame at any point for at least 31.29 Transfer charge. Authority: The provisions of this Part 31 seven of the eight specimens, the carpet AND URBAN DEVELOPMENT issued under section 413 of the New Com­ or rug meets the acceptance criterion. Office of the Secretary munities Act of 1968, 42 U.S.C. 3912; and sec. .5 Labeling—If the carpet or rug has 7(d), Department of HUD Act, 42 U.S.C. had a fire-retardant treatment during [ 24 CFR Part 31 1 3535(d). the manufacturing process, or is made of Subpart A— General fibers which have had a fire-retardant GUARANTEE OF PRIVATE OBLIGA­ treatment, it shall be labeled with the TIONS FOR FINANCING NEW COM­ § 31.1 Statement of applicable law. letter “T.” MUNITY LAND DEVELOPMENT (a) The New Communities Act of 1968 [Appendix II] (42 U.S.C. 3991-3914) authorizes the Sec­ Notice of Proposed Rule Making T ests of S elected Carpets and R ugs retary of Housing and Urban Develop­ ment to guarantee obligations issued by In order to determine to what extent Notice is hereby given that the Secre­ tary of Housing and Urban Development private developers to help finance new carpets and rugs that would not pass community development projects. It also the acceptance criterion were sold on proposes to issue the regulations set forth below as a new Part 31 of Title 24, authorizes the Secretary to make grants the market, the National Bureau of to State and local public bodies and agen­ Standards purchased a sample of car­ pursuant to the New Communities Act of 1968 (title IV of the Housing and cies to supplement the Federal assistance pets and rugs indicative of the fiber and that is otherwise available for certain construction types available to the Urban Development Act of 1968, 42 U.S.C. 3901 et seq.). Although the pro­ water, sewer, or open-space projects if public. posed regulations relating to a guaran­ these projects are needed or desirable in Forty-three separate and distinct car­ tee are not subject to the rule-making connection with a new community which pets and rugs were.purchased from six requirements of 5 U.S.C. 553, interested will make available a substantial num ber retail outlets. Twenty-nine of these persons are invited to submit written of housing units for persons of low and were cut from large rolls of material, or comments or suggestions regarding the moderate income. The amount of such were floor samples taken originally from proposed regulations to the Assistant grants may not exceed 20 percent of proj­ rolls, and fourteen were items made up Secretary for Metropolitan Develop­ ect costs, and, since this is to supplement for sale in predetermined sizes. Of these ment, 451 Seventh Street SW., Washing­ other Federal assistance, the projects forty-three carpets and rugs, 33 were la­ must also meet the applicable require­ beled as having a single fiber type in the ton, D.C. 20410, within 30 days of the publication of this notice in the F ederal ments for regular grants under section pile and 10 were labeled as containing R egister. 702 of the Housing and Urban Develop­ blends of two or more fibers in the pile. The proposed regulations are as ment Act of 1965, as amended (42 U.S.C. The former contained the following car­ follows: 3102) ; section 306(a)(2) of the Consoli­ pet fibers: Acrylic, cotton, nylon, olefin, dated Farmers’ Home Administration polyester, rayon and wool. The blends PART 31— GUARANTEE OF PRIVATE Act, as amended (7 U.S.C. 1926(a)(2)): contained two or more of the following: OBLIGATIONS FOR FINANCING or title VII of the Housing Act of 1961, Acetate, acrylic, cotton, modacrylic, NEW COMMUNITY LAND DEVEL­ as amended (42 U.S.C. 1500-1500e). nylon, olefin, polyester, and rayon. OPMENT (b) The Act (1) amends section 202 (b) (4) of the Housing Amendments of 6 Care must be exercised to avoid igniting Subpart A— General 1955, as amended (42 U.S.C. 1492), to the carpet prior to the tablet. If more than Sec. permit public facilities loans without re­ 2 minutes elapse between the removal of the 31.1 Statement of applicable law. specimen from the desiccator and the ignition 31.2 Definitions. gard to the population limits otherwise of the tablet, the conditioning must be 31.3 Information. applicable for facilities serving a new repeated. 31.4 [Reserved]. community development; (2) am ends

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 PROPOSED RULE MAKING 19815 section 24 of the Federal Reserve Act, as (b) Secretary. The Secretary of Hous­ Act, is a new community, the Secretary amended (12 U.S.C. 371), with regard ing and Urban Development or his au­ will apply the following general criteria: to the authority of national banks to in­ thorized representatives. (a) A new community must include vest in obligations guaranteed under the (c) Developer. The private entity, ap­ most, if not all, of the basic activities Act; and (3) amends section 5(c) of the proved by the Secretary to carry out a normally associated with a city or Home Owners Loan Act of 1933, as new community project, which issues town: housing, commerce, industry, and amended (12 U.S.C. 1464), with regard obligations guaranteed or to be guar­ recreation. to the authority of the Federal savings anteed under the Act. and loan associations to invest in obliga­ (d) Project. The activities and under­ (b) It must combine these varying ac­ tions guaranteed under the Act. The takings required to carry out a plan or tivities in a balanced and harmonious Secretary is also authorized to make plans for a new community approved by whole, with a view to creating an envi­ comprehensive planning grants under ronment that is an attractive place to the Secretary under the Act. live, work, and shop. section 701 of the Housing Act of 1954, as (e) Land development. The process of amended (40 U.S.C. 461), to official gov­ grading land, making, installing, or con­ (c) It must have a favorable impact ernmental planning agencies for plan­ structing water lines and water supply upon the growth and development of the ning in areas where rapid urbanization installations, sewer lines and sewage dis­ area within which it is located in terms is expected to occur on land developed posal installations, steam, gas, and elec­ of conserving land, minimizing transpor­ or to be developed as a new community tric lines and installations, roads, streets, tation problems, extending the range of approved under the Act. curbs, gutters, sidewalks, storm drain­ housing choice for all who live or may in (c) Additional assistance to new com­ age facilities, and other installations or the future live in the area, promoting munities may be available under other work, whether on or off the site, which needed economic development, and Federal laws, even though they do not the Secretary deems necessary or desir­ creating new job opportunities. refer specifically to the Act or to new able to prepare land for residential, com­ (d) It must be designed for the full­ communities. For example, public bodies mercial, industrial, or other uses, or to est possible range of people and families may receive Federal assistance for water provide facilities for public or common of different compositions and incomes and sewer and open space, advance acqui­ use. The term “land development” shall and must be open to members of all sition of land for public purposes, schools, not include any building unless it is (1) a national, ethnic, and racial groups. urban transit, and other facilities which building which is needed in connection § 31.6 Specific characteristics of a new serve new communities. Federal assist­ with a water supply or sewage disposal com m unity. ance for private sponsors would gener­ installation or a steam, gas, or electric ally be available on the same basis as in line or installation, or (2) a building, (a) Size, location, and internal diver­ other communities. For example, quali­ other than a school, which is to be owned sity— (1) Size. No minimum or m aximum fying private sponsors may receive as­ and maintained jointly by the residents size is prescribed for a new community sistance for sales, rental, and cooperative of the new community or is to be trans­ qualifying under the Act, but its size housing projects for lower income fam­ ferred to public ownership, but not prior must be significant in comparison with ilies pursuant to sections 235 and 236 of to its completion. existing developments and communities the National Housing Act, as amended (f) Actual costs. The costs (exclusive in the area in which it is located. A new (12 U.S.C. 1715z and 1715Z-1). of rebates or discounts) incurred by a community that would be too small to (d) It is the declared purpose of the new community developer in carrying have an appreciable impact in or near a Act “to encourage the development of out the land development assisted under metropolitan area might qualify for new communities that— the Act. These costs may include assistance if it were located in a rural area and were at least as large as other (1) Contribute to the general betterment amounts paid for labor, materials, con­ of living conditions through the improved struction contracts, land planning, engi­ communities in the area. quality of community development made neers’ and architects’ fees, surveys, (2) Location. A new community may possible by a consistent design for the pro­ taxes, and interest during development, be located in any kind of area: urban, vision of homes, commercial and industrial organizational and legal expenses, such urbanizing, or rural. Wherever located, facilities, public and community facilities, allocation of general overhead expenses a new community must have accessibility a

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18 1969 19816 PROPOSED RULE MAKING associated with a city or town. In deter­ in determining adequacy of housing bal­ uated in terms of their success in meeting mining the degree of internal diversity ance. But whether this housing is to be these needs as a basis for improving later for a given site, consideration will be newly constructed or rehabilitated, the stages of development. given to adequacy of existing or projected new community plan must include rea­ (2) Low and moderate income housing facilities in the immediate area. However, sonable assurances that the units must be located in proper relation to the community may not consist simply of planned will actually be provided. If the schools, shopping, and neighborhood fa­ housing, or of housing with a minimum development of a new community is to cilities so as to minimize segregation by of commercial facilities serving only the be carried out in stages, low and moder­ income levels and social groups. immediate needs of people for neighbor­ ate income housing shall be included in (3) A program of citizen participation hood shopping. Nor may a new com­ every major residential stage. in the community activities of the proj­ munity be predominantly an industrial (d) Community services and govern­ ect must be formulated and implemented or commercial development, with a mini­ ment. (1) A new community must be at an early stage of occupancy by such mum supply of new housing. provided with a full range of govern­ means as home associations and civic (b) Internal development plan. A new ment and public services adequate to organizations. The fee structures and com m unity must have a general plan and meet the needs of all its residents. Such membership requirements must not oper­ program for its ultimate development de­ services may be provided by State or local ate to exclude low-income residents and signed to create and maintain an attrac­ government, by community organiza­ renters from community facilities. tive and viable environment responsive tions, or by other appropriate entities. (4) Special consideration must be given to human needs and displaying innova­ If public facilities or utilities are to be to establishing high quality schools and, tive features. Among the factors which operated by a nonpublic body, rates, and where needed, community colleges, tech­ the Secretary will consider in evaluating charges, capital structure, rate of return, nical or vocational education centers, the plan are the following: and methods of operation of the facility adult education courses, or job retraining (1) Suitability of the site for the pro­ or utility must be regulated by a public facilities. posed uses, harmonious relationship of body or by other means satisfactory to § 31.7 Other requirements for new com­ these uses with surrounding develop­ the Secretary. munity development« ment, and their protection against ad­ (2) A new community need not be or (a) Capability of developer. (1) Only verse physical encroachment; constitute a separate political unit but private developers are eligible for guar­ (2) Effectiveness of the land use plan may be governed through a county, city, antees under the Act. These include and population density and distribution town, or other existing political juris­ profit-seeking, nonprofit, or limited divi­ in promoting harmonious interrelation­ diction. Where it is contemplated that a dend corporations. The form of organiza­ ships and optimum internal accessibility; developer or a developer-controlled or­ tion of the developer and changes in that (3) Preservation and enhancement of ganization or association will, during the form must be approved by the Secretary. natural features such as water bodies course of development, perform func­ (2) The developer must have financial, and steep slopes; establishment and tions normally performed by a general technical, and administrative ability and maintenance of an accessible open- unit of government, provision should be background appropriate to the size and space network for conservation, natural made in the new community plan or complexity of the project, the amount of beauty, and recreation; and effective­ plans for an orderly transfer of such the obligations to be guaranteed, and ness of measures to prevent environ­ functions to an appropriate govern­ the period of time for project comple­ mental pollution and problems such as mental unit at an appropriate time. tion. The developer must have either in flooding and soil instability; (e) Area planning and development. his own organization or available to him (4) Adequacy of public facilities to The area within which a new community land development and related skills of a serve community needs, including water is to be situated must be covered by a high order over the whole period of and sewer, health facilities, streets, walk­ comprehensive areawide plan or by on­ development. He must also have the ways, and highways; going planning promulgated or carried capacity for anticipating and dealing (5) Effectiveness of controls and in­ on by a duly authorized agency. The loca­ effectively with the social concerns and centives to promote attractive land utili- tion of the new community and the in­ problems that must be considered in zation, urban design, and architecture; ternal development plan for the project planning the community or that may and must be consistent with such comprehen­ arise during the period of development. (6) Phasing of all features of the plan sive plan or planning and must reflect (3) The developer may not engage in on a schedule compatible with economic consideration of any economic develop­ nontitle IV activities, either in the proj­ feasibility and geared to the timing of ment programs, functional plans, and ect itself or in related development, with­ land acquisition, development, and dis­ public works programs of relevant Fed­ out approval of the Secretary. The Sec­ position as reflected in the financial plan. eral, State, regional, city, or county retary may impose such controls and (c) Housing mix. A new community agencies for the area in which the new limitations on these activities or require must contain an adequate range of hous­ community is located. The comprehen­ such assurances and separation of ac­ ing, for both sale and rental for people sive plan or planning for the area must, counts as he finds necessary to serve the of all incomes, ages and family composi­ in the Secretary’s judgment, be suffi­ purposes of the Act and protect the secu­ tion, including a substantial amount for ciently detailed to provide a reasonable rity interests of the United States. people of low and moderate income. The basis for evaluating the relationship of (b) Equal opportunity. (1) The new following factors, among others, will be the proposed new community to area considered in determining the sufficiency community project must be specifically population trends, major transportation designed and implemented so as to assure of housing mix: facilities and development patterns, area­ (1) Existing and projected distribu­ compliance with all requirements im­ wide land use, systems for water and posed by, or pursuant to, any applicable tion of families by income and size for sewerage, open space, and. recreation. the region in which the project is statute or executive order treating with (f) Social, elements of a new commu­ discrimination on the basis of race, creed, located; nity. A new community project must not color, sex, or national origin. These in­ (2) Existing and projected housing only provide for a better physical en­ clude title VIII (Fair Housing) of the supply and demand, particularly for low vironment but also serve human needs. Civil Rights Act of 1968 (42 U.S.C. 3601- and moderate income housing, in the re­ Social considerations should be reflected 3619); title v n of the Civil Rights Act gion and market area of the project; in planning and all phases of the new of 1964 (42 U.S.C. 2000e); the Civil and community project, as follows: Rights Act of 1866, as amended (42 U.S.C. (3) Income and family characteristics (1) By the use of citizen advisory - 1981 and 1982); Executive Order 11063 of persons likely to be employed in the groups, consumer testing surveys, multi­ (27 F.R. 11527); and Executive Order new community. disciplinary design teams, or similar 11246, as amended by Executive Order Existing housing in standard condition methods, new communities must be 11375 (30 F.R. 12319, as amended by 32 or proposed to be rehabilitated within planned from the beginning so that they F.R. 14303); which apply variously so as the new community boundaries, as well are responsive to needs of present and to prohibit discrimination in the use, as new construction, may be considered future residents and periodically reeval­ sale, lease, or other disposition of land,

FEDERAL REGISTER, V O L 34, NO. 242— THURSDAY, DECEMBER 18, 1969 PROPOSED RULE MAKING 19817 housing, or facilities in the new commu­ mand, the extent of assurance that all terms of equity invested and expected re­ nity and in employment in the new com­ nomics of scale can in fact be obtained, turn, for proceeding with the approved munity or in the development of the new and all public actions or approvals tak­ project in an expeditious and efficient community project. Pursuant to the au­ en or obtained, the degree to which eco­ manner; thority in each executive department to nomics of scale can in fact be obtained, (d) Set forth a procedure for periodic issue regulations and take other appro­ the possible adverse effects of contem­ updating of the financial plan to take priate action under Executive Order plated major improvements upon the into consideration changes in costs, reve­ 11063 with respect to its programs, dis­ Government’s security, the protected nues, market conditions, and other rele­ crimination on the basis of race, color, scheduling of housing in relation to vant changes affecting the plan. creed, or national origin in the use, sale, critical housing needs, particularly lease, or other disposition of any land needs for low and moderate income hous­ Specific F inancial Elements developed for residential or related uses ing, and such other matters as the Sec­ §31.10 Maximum Federal guarantee. with assistance under the Act is hereby retary deems relevant. Regardless of the The maximum loan which may be specifically made a violation of that Or­ stage covered in the initial application, guaranteed under the Act is the lesser of der enforceable under the terms of sec­ the developer must submit a general plan (a) 80 percent of the Secretary’s esti­ tion 302 of the order after due notice and for the entire project which will be cov­ mate of the value of the property upon hearing. ered by subsequent stages. completion of land development or (b) (2) The Secretary may, in furtherance the sum of 75 percent of the Secretary’s of subparagraph (1) of this paragraph Subpart C— Financial and Economic Criteria and Standards estimate of the value of the land before and as a condition of the granting or development and 90 percent of his esti­ continuation of assistance, require a de­ § 31.8 Economic feasibility. mate of the actual cost of land develop­ veloper: To formulate and implement an A new community must be economi­ ment. In no event shall the principal affirmative action program covering all amount of the outstanding obligations or part of the new community project; cally feasible in terms of economic base or potential for growth. Among the cri­ guaranteed under the Act with respect to to include appropriate equal opportunity a single project exceed $50 million. Land provisions in pertinent contracts, sub­ teria by which feasibility will be deter­ mined are the following: which is yet to be acquired at the time contracts, covenants, or other docu­ a commitment is made may be included ments; and to take such further steps (a) Current and projected economic and demographic growth‘’patterns and as a basis for determining the maximum as he may direct to carry out the devel­ commitment, but, in the absence of oper’s program. demand for and supply of industrial, commercial, and residential properties escrow provisions under § 31.22(b)(I), (c) Labor standards. In any new com­ only land acquired at or prior to issuance munity project, construction contracts, for the region in which the project is located; of a guarantee may be included as a basis subcontracts, or building and loan agree­ for determining the maximum outstand­ ments for land development assisted un­ (b) The market area of the project and the growth and demand trends ing principal amount of obligations which der the Act shall contain such labor may be guaranteed. standards clauses as the Secretary may projected within this market area; direct in furtherance of the Act and of (c) The advantages of the project, §31.11 Land valuation. the regulations of the Secretary of Labor- relative to other developments, includ­ ing its location, the managerial and mar­ Among the principles which the Secre­ codified in 29 CFR Part 5. The provisions tary will apply with respect to any valua­ of such regulations with respect to ineli­ keting skills associated with it, and its capacity to sustain a job base which, in tion and which should be applied in any gible contractors shall also be observed. valuation made by or on behalf of a No proceeds of new community obliga­ turn, will generate demand for housing and commercial facilities. developer are the following: tions may be disbursed to a ♦'developer (a) Before development. (1) Estimates with respect to any such construction In the case of projects in rural and de­ of the “as is” value of the land prior to its contract unless there has been filed, in a pressed areas, or those beyond the development as part of a new community manner satisfactory to the Secretary, a urbanizing portion of a metropolitan project must be based, to the greatest certificate signed by the contractor or area where advantage cannot be taken extent possible, on recent actual arm’s subcontractor stating that laborers and of existing growth trends, it is particu­ length sales transactions of the land in­ mechanics employed under the contract larly important that there will be a large volved or of nearby comparable land. In have been paid not less than the wages enough employment base to generate de­ all cases, where land valuations exceed determined by the Secretary of Labor to mand to sustain the projected growth actual prices paid by the developer or be prevailing wages for corresponding rate of the new community. Feasibility paid in the latest arm’s length transac­ classes of laborers and mechanics em­ will depend upon the basic conditions tions, the reasons for the valuation will ployed on construction of a similar for industrial development, and, espe­ be fully explained and documented. character. cially in depressed areas, the probable Unusually high prices paid for remain­ (d) Small builders. In any new com­ effectiveness of private and govern­ ing parcels needed to round out a site munity project, there must be provision mental efforts to attract stable indus­ will be considered as unrepresentative of satisfactory to the Secretary to encour­ tries and to overcome some of the the values of the site as a whole. Differ­ age maintenance and growth of a diver­ major obstacles to economic develop­ ent parcels may be valued according to sified local homebuilding industry and ment, and the degree to which commit­ their highest and best use only where broad participation by builders, particu­ ments from industries can be secured. supported by market demand. In any larly small builders. § 31.9 General financial plan and pro­ case, valuation shall not be limited to a (e) Governmental approvals. The de­ gram . small sample acreage or a few selected veloper must secure all State and local choice parcels. approvals required by law or determined A new community must be developed (2) Valuation should not take into ac­ by the Secretary to be necessary for the pursuant to a financial plan or program count any increased values resulting Project. which must include provisions that will: from the guarantees expected to be is­ (f) Staging. Major new community (a) Cover all anticipated project costs, sued under the Act and the development Projects will ordinarily be planned, car­ including, but not limited to, costs which made possible by that guarantee, as dis­ ried out, and financed in progressive will be met with funds to be borrowed tinct from normal growth that would stages, so as to provide an opportunity under the obligations guaranteed; have been expected in any event. It is to test the market and minimize finan­ (b) Demonstrate the manner by which, recognized, however, that market value cial risk, with each stage resulting in a and the sources from which, these costs may be increased by improvements al­ balanced and self-sufficient whole. Ex­ will be met, including anticipated reve­ ready on the land, including those in­ ceptions to this requirement, and the nues from the project, financial resources stalled by the developer, and changes degree of and terms for staging, will be of the developer, and borrowing; which have occurred in local zoning or determined according to the scope of (c) Provide assurances that the devel­ comprehensive planning as a result of the project, the nature of market de­ oper will have an adequate incentive, in actions by the developer. Such increases

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 No. 242------4 19/818 PROPOSED RULE MAKING in value may be taken into account to the (c) Rates of interest and maturities. clude provisions for the release of real same extent as they would be in valuing Rates of interest and any other charges property from the lien, as such property comparable land. relating to guaranteed obligations and is sold or otherwise disposed of for proj­ (b) After development. Estimates of the maturity and redemption privileges ect purposes, in accordance with a the value of the property upon comple­ of such obligations must be approved by schedule or schedules assuring that ade­ tion of land development should reflect the Secretary. quate release payments will be applied the income potential of the new com­ (d) Trustees and fiduciaries. Any to the redemption of the guaranteed munity project from the sale or rental of trustee or other person or corporation obligations or paid into an appropriate developed land if the-project is carried acting in a fiduciary capacity with fund established and secured in such out as planned. Consideration should be respect to a guaranteed obligation must manner as the Secretary may require. given to the potential effect on values of be a banking or other financial insti­ § 31.16 Terms and conditions of pay­ existing and planned public facilities tution subject to governmental in­ ment under the guarantee. and other existing and planned develop­ spection and supervision. Approval of ment in the area. Absorption rates such a trustee or other person may be (a) Nature and scope. The full faith should be related to the proposed land conditioned on its written agreement and credit of the United States is pledged uses and development schedule for the with the Secretary to take such steps to the payment of any guarantee made project. Weight should also be given to and act under such conditions as the pursuant to the Act, and the validity of Secretary may prescribe for the protec­ such guarantee shall be incontestable in any factors affecting the potential value the hands of a qualified holder of a of the particular land in question, such tion of the security interests of the guaranteed obligation, except for fraud as zoning which may be approved, access, United States. or material misrepresentation on the topography, and anticipated governmen­ § 31.14 Equity and working capital. tal approvals. part of such holder. The guarantee may (a) Prior to the making by the Secre­ extend to both principal and interest in­ §31.12 Cost estimation. tary of any guarantee, a developer must cluding (1) interest, as may be provided Only the actual costs of land develop­ make arrangements satisfactory to the for in the guarantee, accruing between ment, as those terms are defined in § 31.2 Secretary or assure that there will be the date of default under a guaranteed (e) and (f), will be considered for pur­ adequate funds and working capital to obligation and the payment in full of the poses of calculating the maximum meet cash requirements for costs and guarantee, and (2) principal and interest amount of obligations which may be contingencies, not covered by the pro­ due under any debentures issued by the guaranteed under the Act. The general ceeds of guaranteed obligations, incurred Secretary toward payment of guarantees principles that will apply in estimating or to be incurred in connection with the made under the Act. actual costs of land development for this land development program. (b) Claims and payment upon default. determination are as follows: (b) The Secretary may require de­ Upon default by a developer in payment (a) Costs of land development may be velopers to have equity in addition to of interest or principal under an obliga­ included as estimated actual costs to the funds described in paragraph (a) of this tion guaranteed under the Act, the first extent that they are expected to be in­ section, according to the amount of and recourse of the holder thereof shall be curred after the date as of which land arrangements for debt financing, and a claim under the guarantee for payment valuation is determined by the Secretary. such other considerations as he deter­ of the defaulted interest or principal; Planning and other organizational costs mines may bear upon the risks to the and, upon payment thereof in accord­ relating directly to the development of United States as guarantor. ance with the terms of such guarantee, the holder shall have no further re­ the new community proposal may be in­ § 31.15 Security for the guarantee. cluded even if incurred prior to that course. Unless otherwise specified by the date. (a) All obligations must contain, or terms of »a guarantee, all payments (b) Construction costs estimates, to be issued subject to, such provisions re­ thereunder shall be made in cash from the fullest extent feasible, should be sup­ lating to the security interests of the the revolving fund established pursuant ported by detailed engineer’s cost figures United States as may be required by the to the Act. broken down by unit quantities and Secretary. These shall include general prices, and must be identified in terms provisions under which the United States § 31.17 [Reserved] of specific improvements. shall acquire rights of subrogation on Subpart D— Procedures (c) Pees and charges payable pur­ payment of a guarantee in addition to suant to Subpart E of this part before or such special provisions relating to the § 31.18 Preapplication proposal. during development may be included as security of the United States in the spe­ The preapplication procedure is de­ estimated actual costs. cific property, including real property being acquired and developed, or other signed to provide an initial screening to § 31.13 Terms and conditions of bor­ property as may be appropriate. determine whether or not a project ap­ rowing. pears to be within the broad framework (b) Unless otherwise required or ap­ of the Act before all of the detailed plans (a) Kind of obligations. The obliga­ proved by the Secretary, the security of are completed by the developer. It will tions guaranteed under the Act may in­ the United States will include a first lien also provide the Secretary an opportu­ clude any bond, debenture, note, or other on the real property of the developer (or nity to work with the developer from obligation issued by a developer for pub­ such portion thereof as the Secretary the earliest stages of project planning. lic or private sale. To facilitate public may determine) owned or acquired in financing, the guaranteed obligations of connection with the project. The devel­ (a) Inquiry. After familiarizing them­ any number of developers may be issued oper’s title to such property and the selves with the Act and the regulations to a trustee who will sell to the public, validity of such lien must be evidenced in this part, applicants are encouraged through underwriters or otherwise, cer­ by a title insurance policy issued by a to meet with the Assistant Secretary for tificates of participation or other securi­ title insuror licensed to do business in Metropolitan Development or his desig­ ties evidencing rights in the guaranteed the State in which the real property is nated representative to discuss their pro­ obligations held in trust, provided that located and acceptable to the Secretary. posals, so that subsequent steps may be the terms and conditions of each such The form and amount of any title in­ taken with a clear understanding of the transaction shall be approved by the surance policy shall comply with stand­ goals and requirements of the program. Secretary. ards prescribed by the Secretary. At, (b) Proposal. The first formal step in (b) Investors and lenders. Investors or prior to, the issuance of obligations processing is submission of a preapplica­ in guaranteed obligations, except for guaranteed under the Act, the first lien tion proposal to the Assistant Secretary public offerings, must be approved by the referred to above shall be given to and for Metropolitan Development, U.S. De­ Secretary or must meet such standards held by the Secretary, or by a trustee partment of Housing and Urban Devel­ and criteria as may be from time to time approved by him. The instruments creat­ opment, Washington, D.C. 20410. The prescribed by him. In the case of a public ing such lien and setting forth the terms proposal should deal in summary form offering, obligations must be under and conditions under which it is given with the criteria for project evalu ation written under terms approved by the and held must be satisfactory to the set forth in Subparts B and C of this Secretary. Secretary. Such instruments shall in­ part. They need not include the detailed

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 PROPOSED RULE MAKING 19819 supporting data required for an applica­ and subject to such further conditions issued by the developer pursuant to a tion. Specific instructions regarding the as the Secretary may prescribe. purchase or underwriting agreement ap­ items which must be included in a pro­ (c) Acceptance of commitment. The proved by the Secretary. The guarantee posal may be obtained from the Assistant commitment contained in any letter of fee specified in § 31.27 must be paid at Secretary for Metropolitan Development. commitment shall expire 60 days after the time the guarantee is made. No charge is required upon submission of the issuance thereof unless accepted by a preapplication proposal. the applicant prior to such expiration by § 31.22 Project execution and monitor­ (c) Review and action. The Assistantpayment of the commitment charge ing. Secretary for Metropolitan Development, specified in § 31.25. Within 90 days after (a) Inspections and reports. To insure upon completion of his review of each the expiration of a commitment, such that the project is being executed in a proposal, will inform the applicant in commitment may be reopened by request manner consistent with the objectives of writing of his findings and (1) invite sub­ in writing to the Secretary accompanied the Act and as provided in the Guaran­ mission of an application; (2) invite by payment of the commitment charge tee Agreement, the developer will be re­ submission of an application, indicating and reopening charge. quired to submit periodic financial and the need for specific changes in the other reports on project execution. The project; (3) recommend the resolution of § 31.20 Project agreement. Secretary and his authorized representa­ certain critical problems before proceed­ Following satisfaction of all conditions tives will also be afforded access to the ing with an application; or (4) discour­ stated in any commitment of the Secre­ project site at all reasonable times for age an application, indicating the aspects tary, and before the making of any guar­ purposes of inspection. of the proposal which do not appear to antees, the developer will be required to (b) Use of proceeds of guaranteed meet the requirements of the Act. An enter a project agreement which shall be obligations—(1) Land valuation and cost invitation to submit an application does in a form satisfactory to the Secretary. certification. Disbursement to the devel­ not constitute or imply an assurance of The agreement shall set forth the under­ oper of proceeds from the sale of obliga­ eventual approval by the Department. standings of the Secretary and the de­ tions guaranteed under the Act must be If the applicant is not invited to submit veloper with respect to the entire proj­ supported by prior submission to the an application, but nevertheless believes ect, including the understandings, if any, Secretary or his designated representa­ that the project may qualify under the as to how the project is to be carried out tive of an independent valuation of land Act, he may resubmit the proposal for in stages. The agreement shall also set acquired or to be acquired by the de­ further review with such changes as, in forth the developer’s agreement to carry veloper or certification of actual costs of his opinion, will overcome the initial out the project in accordance with speci­ land development, or a combination of objections of the Assistant Secretary for fied plans, as approved by the Secretary, such valuation and certification, in an Metropolitan Development. and the Secretary’s agreement to guar­ amount no less than the proposed dis­ antee obligations of the developer issued bursement. Any such valuation must be § 31.19 Application. pursuant to those plans, subject to the prepared in accordance with the prin­ (a) Submission. An application may limitations set forth in the Act and this ciples set forth in § 31.12 to the satisfac­ be submitted to the Assistant Secretary part. The agreement shall further tion of the Secretary. Any such certifi­ for Metropolitan Development following include— cation must be in the form satisfactory receipt of an invitation pursuant to (a) An express covenant to the effect to the Secretary and must be accom­ § 31.18(b), and upon payment of the ap­ that the Government’s interests in the panied by such documentation as he may plication charge specified in § 31.24. The project are not limited to its financial deem necessary to assure that such costs application will be responsive to the cri­ interests as guarantor but extend to ac­ (i) have in fact been incurred by the teria covered in Subparts B and C of this complishment of the public purposes of developer for the project and (ii) are part. Specific instructions regarding the the Act; eligible for financing under the Act. If items which must be included in an ap­ (b) Provisions setting forth the duties it is expected that guaranteed obligations plication may be obtained from the and responsibilities of the developer with will be issued and sold in anticipation Assistant Secretary for Metropolitan respect to parts or portions of the project of land acquisition or of costs for land Development. which will not be carried out by the development incurred in the future, (b) Letter of commitment. Upon ap­ developer; appropriate provision must be made for proval of an application, the Secretary (c) Provisions governing the security escrow of the proceeds of sale to the will address a letter to the applicant stat­ to be provided to the United States; extent and so long as disbursement of ing in effect that, based upon the (d) Provisions setting forth the rights such proceeds is unsupported by valua­ information contained in the applicant’s and remedies of the United States in the tion of land actually acquired or certifi­ proposal and application and any other event of default, including rights to seek cation of actual costs incurred. information which may have been sub­ injunction or other equitable relief; (2) Limitations on disbursements. If mitted by the applicant, the Secretary is (e) Special provisions as necessary to any land valuation used to support a dis­ prepared to enter into an agreement pro­ assure compliance with equal oppor­ bursement exceeds the actual cost of viding for the guarantee under the Act tunity, labor standards, and other partic­ such land to the developer, the Secretary of a specified maximum principal amount ular requirements; may, in his discretion, establish restric­ of obligations to be issued by a specified (f) Duties of the developer to provide tions upon the time of disbursement or developer, subject to approval by the information, data, and reports as re­ use of proceeds so disbursed. Valuation Secretary of— quired by the Secretary; to maintain of land or certification of actual costs (1) The initial investors (in the case adequate books and records; and to per­ related to development not incidental to of a private sale of such obligations) or mit and provide as necessary for inspec­ the project, which is completed or sub­ the terms and conditions of the under­ tions and on-site examinations by or on stantially completed at the time a pro­ writing (in the case of a public sale of behalf of the Secretary; and posal is submitted, will not be eligible to such obligations); (g) Such other provisions as the Sec­ support disbursements under this (2) The rate of interest to be borne by retary may require as necessary or ap­ section. such obligations or the formula by which propriate to assure adherence to the (3) Self-dealing. The developer must such rate will be determined; project as approved, or the provisions of disclose the full nature of all direct or (3) The repayment and maturity pro­ the Act or of this part, or to protect the indirect interests he may have, other visions of such obligations; Government against loss. than as developer, in any transaction (or (4) The specific measures for the pro­ § 31.21 Issuance of guaranteed obliga­ the interest which any party thereto may tection of the security interests of the tions. have in the developer) involving land United States, liens and releases of liens, acquisition or land development which is and payment of taxes; and At the request of the developer pursu­ relied upon to support a disbursement ant to the Project Agreement and upon (5) All other terms and conditions of under this section. In the case of trans­ satisfaction of the conditions specified in actions requiring such disclosure, the the financing arrangements which might such Agreement, the Secretary will en­ affect the interests of the United States; Secretary may establish a reasonable dorse his guarantee upon obligation duly allowance for disbursement in lieu of

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19820 PROPOSED RULE MAKING reliance upon actual costs. The Secre­ The reopening request shall be accom­ lication of this notice in the F ederal tary may have the same right in pay­ panied by a charge of 0.05 percent of the R egister will be considered before action ment to contractors which reflect dealing expired commitment. A commitment is taken on the proposed amendment. No between interested parties. which has expired because of the failure hearing is contemplated at this time, but (c) Records. The developer must to pay the commitment charge may be arrangements for informal conferences maintain, to the satisfaction of the Sec­ reopened only upon payment of the com­ with Federal Aviation Administration retary, records of all costs incurred for mitment charge and the reopening officials may be made by contacting the the project and must require his con­ charge. If the required 90-day period has Chief, Airspace Branch. Any data, views, tractors and subcontractors to maintain expired, a new application, accompanied or arguments presented during such con­ similar records. Upon request, all such by an application charge, must be ferences must also be submitted in writ­ records and all agreements relevant submitted. ing in accordance with this notice in or­ thereto shall be made available at all der to become part of the record for reasonable times for examination by the §31.27 Guarantee fee. consideration. The proposal contained in Secretary or his authorized representa­ A guarantee fee equal to 3 percent of this notice may be changed in the light tives. Insofar as such records and agree­ the principal amount of obligations guar­ of comments received. ments relate to any grants or guarantees anteed by the Government shall be paid The official docket will be available for made pursuant to this part, the financial at the time of the issuance of such examination by interested persons at the transactions of recipients of Federal obligations. Federal Aviation Administration, South­ ern Region, Room 724, 3400 Whipple grants or of developers whose obliga­ § 31.28 Annual fee. tions are guaranteed by the United Street, East Point, Ga. States, pursuant to this title, may be An annual fee equal to 0.5 percent of The Charlotte control zone described audited by the General Accounting Office the principal amount of guaranteed ob­ in § 71.171 (34 F.R. 4557) would be re­ under such rules and regulations as may ligations outstanding shall be paid on designated as: be prescribed by the Comptroller Gen­ the first anniversary date of the initial Within a 5-mile radius of Douglas Munici­ eral of the United States. The represen­ guarantee and on each following anni­ pal Airport (lat. 35°12'53" N., long. 80°56'18'' tatives of the General Accounting Office versary date of the guarantee, until the W.); within 3 miles each side of Charlotte shall have access to all books, accounts, seventh such date; #nd, thereafter, an VORTAC 003° radial, extending from the records, files, and all other papers, annual fee of 1 percent of the principal 5-mile radius zone to 8.5 miles north of the amount of guaranteed obligations out­ VORTAC; within 2 miles each side of Char­ things, or property belonging to or in use lotte VORTAC 058° radial, extending from the by such developers or recipients of grants standing shall be paid on each sub­ 5-mile radius zone to 6 miles northeast of pertaining to such financial transactions sequent anniversary date of the initial the VORTAC; within 2 miles each side of and necessary to facilitate the audit. guarantee until the total obligation is Charlotte VORTAC 223° radial, extending (d) Amendments. As a result of paid in full. from the 5-mile radius zone to 6.5 miles southwest of the VORTAC; within 2 miles changes in market demand, employment §31.29 Transfer charge. each side of Charlotte ILS localizer south­ patterns, costs and revenues or other Upon application for approval of a west course, extending from the 5-mile radius factors or conditions, it may become de­ case involving the substitution of devel­ zone to 1 mile northeast of the OM. sirable to make certain amendments to opers, a transfer charge of 0.05 percent the plans initially approved by the Sec­ The Charlotte transition area described of the unused portion of the commitment in § 71.181 (34 F.R. 4637 and 6682) would retary. All proposals for amendments by shall be paid. the developer must be submitted to the be redesignated as: Secretary for approval, together with full Issued at Washington, D.C., Decem­ That airspace extending upward from 700 justification therefor. Such approval will ber 12,1969. feet above the surface within an 8.5-mile be based upon the same criteria, and will George R omney, radius of Douglas Municipal Airport (lat. take account of the same purposes, as Secretary of Housing and 35°12'53" N„ long. 80°56'18" W.); within 3 Urban Development. miles each side of Charlotte VORTAC 058° are set forth in this part for considera­ radial, extending from the 8.5-mile radius tion of the initial application. The Sec­ [F.R. Doc. 69-15038; Filed, Dec. 17, 1969; area to 14 miles northeast of the VORTAC; retary may recommend, or require, sub­ 8:49 a.m.] within 9.5 miles west and 4.5 miles east of ject to conditions set forth in the Project Charlotte VORTAC 171° radial, extending Agreement, amendments to an approved from the 5.5 NM DME Fix to 24 miles plan when, in his opinion, such amend­ south of the VORTAC; within 9.5 miles northwest and 4.5 miles southeast of Char­ ments are necessary or desirable to in­ DEPARTMENT OF lotte VORTAC 223° radial, extending from sure the financial stability of the project the 5.5 NM DME Fix to 24 miles southwest or to prevent situations which would im­ TRANSPORTATION of the VORTAC; within 9.5 miles northwest pair the value of the project or its ability and 4.5 miles southeast of Charlotte ILS lo­ to carry out the purposes of the Act. Federal Aviation Administration calizer southwest course, extending from the LOM to 18.5 miles southwest; within a 6.5- § 31.23 [Reserved] [ 14 CFR Part 71 1 mile radius of Gastonia Municipal Airport, [Airspace Docket No. 69-SO-151] N.C. (lat. 35°12'00" N., long. 81°09'05" W.); Subpart E— Fee and Charge Schedule within a 6.5-mile radius of Rock Hill Mu­ § 31.24 Application charge. CONTROL ZONE AND TRANSITION nicipal Airport, S.C. (lat. 34°59'05'' N., long. An application charge of $5,000, AREAS 81°03'30" W.). non-refundable, shall accompany the The Gastonia, N.C., and Rock Hill, application. Proposed Alteration and Revocation S.C., transition areas described in § 71.181 (34 F.R. 4637) would be revoked and in­ § 31.25 Commitment charge. The Federal Aviation Administration corporated into the Charlotte transition A commitment charge equal to 0.5 per­ is considering an amendment to Part 71 of the Federal Aviation Regulations that area. cent of the principal amount of the com­ would alter the Charlotte, N.C., control The application of Terminal Instru­ mitment up to $30 million, and, in addi­ zone and transition area and revoke the ment Procedures (TERPs) and current tion, 0.1 percent of the principal amount Gastonia, N.C., and Rock Hill, S.C., airspace criteria to the Charlotte termi­ above $30 million, shall be paid within 60 transition areas. nal area complex, including Gastonia, days of issuance of the commitment or N.C., and Rock Hill, S.C., requires the at the time a guarantee is made, Which­ Interested persons may submit such following actions: ever occurs first. written data, views, or arguments as they may desire. Communications should be Control zone. 1. Reduce the extension §31.26 Reopening charges. submitted in triplicate to the Federal predicated on Charlotte ILS localizer An expired commitment may be re­ Aviation Administration, Southern Re­ southwest course 1 mile in length. opened if a request for reopening is re­ gion, Air Traffic Division, Post Office Box 2. Increase the extension predicated ceived by the Secretary within 90 days 20636, Atlanta, Qa. 30320. All communi­ on Charlotte VORTAC 058° radial 0.5 of the expiration of the commitment. cations received within 30 days after pub­ mile in length.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 PROPOSED RULE MAKING 19821 3. Increase the extension predicated John F. Kennedy International Airport, application for rehearing of the Com­ on Charlotte VORTAC 223° radial 0.5 Jamaica, N.Y. 11430. All communica­ mission’s order of October 9, 1969 in this mile in length. tions received within 30 days after pub­ proceeding. By that order the Commis­ 4. Designate an extension predicated lication of this notice in the F ederal sion amended certain accounts in the on Charlotte VORTAC 003° radial 6 miles R egister will be considered before action Uniform Systems of Accounts for Class A in width and 8.5 miles in length. is taken on the proposed amendments. and Class B Public Utilities and Li­ Transition area. 1. Increase the basic The proposals contained in this notice censees and for Class A and Class B radius circle predicated on Douglas may be changed in the light of comments Natural Gas Companies, and certain Municipal Airport from 8 to 8.5 miles. received. schedules in Annual Report Forms Nos. 1 2. Increase the basic radius circle pred­ An official docket will be available for and 2. The order included a new note 7 icated on Rock Hill Municipal Airport, examination by interested persons at to the Statement of Income for the Year S.C., from 5 to 6.5 miles and incorporate the Federal Aviation Administration, Schedule, page 115. The new note states: it into the Charlotte transition area. Office of the General Counsel, Attention: “7. If liberalized tax depreciation is 3. Increase the basic radius circle pred­ Rules Docket, 800 Independence Avenue being used in the determination of taxes icated on Gastonia Municipal Airport, SW„ Washington, D.C. 20590. An infor­ payable and the resultant benefits are N.C., from 6 to 6.5 miles and incorporate mal docket also will be available for ex­ being flowed through the income state­ it into the Charlotte transition area. amination at the office of the Regional ment, disclose in the following space the 4. Revoke the extension predicated on Air Traffic Division Chief. amount of the difference between taxes Port Mill, S.C., VORTAC 005° radial. The Federal Aviation Administration payable when using the liberalized de­ 5. Revoke the extension predicated on proposes the following airspace actions: preciation method and taxes payable Port Mill, S.C., VORTAC 011° radial. 1. Designate V-2 north alternate seg­ when using the straight line deprecia­ 6. Revoke the extension predicated on ment from Buffalo, N.Y., to Rochester, tion method. $_____ ” Charlotte, N.C., VORTAC 003° radial. N.Y., via the intersection of Buffalo The Applicants have no objection to 7. Increase the extension predicated on 034° T (042° M) and Rochester 273° T making available to the Commission, for Charlotte, N.C., VORTAC _058° radial to (282° M) radials. its own purposes, the information to be 6 miles in width. 2. Realign V-14 north alternate seg­ elicited by the new note. However, they 8. Increase the extension predicated ment from Erie, Pa., to Buffalo, via the contend that the requirement of public on Charlotte, N.C., VORTAC 171° radial intersection of Erie 043° T (049° M) and disclosure of pro forma tax effects dif­ to 14 miles in width and 18.5 miles in Buffalo 259° T (267° M) radials, exclud­ ferent from actual tax effects recog­ length. ing the portion within Canada. nized by the Commission for regulatory 9. Increase the extension predicated on 3. Revoke V-142 airway. purposes is without justification. The Charlotte, N.C., VORTAC 223° radial to These proposed alterations are de­ Applicants’ object to the requirement 14 miles in width and 18.5 miles in length. signed to provide for better traffic flow that the information be contained in a 10. Increase the extension predicated into the Buffalo and Rochester Terminal financial statement footnote or in any on Charlotte ILS localizer southwest areas. The designation of V-2 north other form that is susceptible to mis­ course to 14 miles in width and 18.5 miles alternate segments obviates the require­ application by some financial analysts in length. ment for V-142 airway. and others. They also allege that such The proposed alteration is required to These amendments are proposed under information is not meaningful in evalu­ provide controlled airspace protection the authority of section 307(a) of the ating the income statement and the re­ for IPR operations in the Charlotte ter­ Federal Aviation Act of 1958 (49 U.S.C. quirement imposed is similar to that minal area complex in climb to 1,200 feet 1348) and section 6(c) of the Depart­ originally contained in paragraph 9 of above the surface and in descent from ment of Transportation Act (49 U.S.C. Accounting Research Bulletin No. 44 1,500 feet above the surface. 1655(c)). (revised) of the Committee on Account­ This amendment is proposed under the Issued in Washington, D.C., on De­ ing Procedure of the American Institute authority of section 307(a) of the Federal of Certified Public Accountants, but sub­ Aviation Act of 1958 (49 U.S.C. 1348(a)) cember 9, 1969. H. B. H elstrom, sequently deleted. and of section 6(c) of the Department of Applicants’ contentions such as those Transportation Act (49 U.S.C. 1655(c)). Chief, Airspace and Air Traffic Rules Division. that note 7 is not meaningful in inter­ preting the income statement and sus­ Issued in East Point, Ga., on Decem­ [F.R. Doc. 69-15013; Filed, Dec. 17, 1969; ber 8, 1969. 8:47 a.m.] ceptible to misuse by some financial ana­ J ames G. R ogers, lysts are merely restatements of argu­ Director, Southern Region. ments previously made in this proceed­ IF.R. Doc. 69-15012; Filed, Dec. 17, 1969; ing and were fully considered by the 8:47 a.m.] Commission prior to issuing Order No. FEDERAL POWER COMMISSION 389. Moreover, this information is re­ [ 18 CFR Part 101, 141, 201, 260 1 quired by the Commission, Congressional I 14 CFR Part 71 ] [Docket No. Rr-344] bodies, and other governmental agencies [Airspace Docket No. 69-EA-125] in determining the effect of the use of REVISIONS IN UNIFORM SYSTEMS OF liberalized tax depreciation. FEDERAL AIRWAYS ACCOUNTS AND ANNUAL REPORTS Our understanding of Opinion No. 6 FOR REPORTING YEAR 1970 of the Accounting Principles Board of Proposed Alteration and Revocation the American Institute of Certified Pub­ The Federal Aviation Administration Order Denying Application for lic Accountants is that paragraph 20 is considering amendments to Part 71 Rehearing thereof did not delete but only revised of the Federal Aviation Regulations that the aforesaid paragraph 9 of Bulletin 44 would alter segments of VOR Federal air­ D ecember 10, 1969. pending further study. Furthermore, we way Nos. 2 and 14 and revoke VOR Fed­ On November 10,1969, Central Hudson are also mindful that in its written com­ eral airway No. 142. Gas & Electric Corp., et al.,1 filed a joint ments responding to our rulemaking Interested persons may participate in notice, the American Institute of Cer­ the proposed rule making by submitting 1 The Cleveland Electric Illuminating Co., tified Public Accountants took cogni­ such written data, views, or arguments The Connecticut Light and Power Co., Con­ zance of the provisions of note 7 and as they may desire. Communications solidated Edison Co. of New York, Inc., Jer­ made no objection to the substance sey Central Power & Light Co., Metropolitan should identify the airspace docket num­ Edison Co., Nevada Power Co., New Jersey thereof. ber and be submitted in triplicate to the Power & Light Co., New York State Electric & We conclude that Applicants’ conten­ Director, Eastern Region, Attention: Gas Oorp., Niagara Mohawk Power Corp., tions are without merit to warrant mod­ Chief, Air. Traffic Division, Federal Avia­ Pennsylvania Electric Co., Potomac Electric ification of note 7 as set forth in our tion Administration, Federal Building, Power Co., and Sierra Pacific Power Co. Order No. 389.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19822 PROPOSED RULE MAKING The Commission finds: The grounds for rehearing set forth in the applica­ tion for rehearing filed herein by Cen­ tral Hudson Gas & Electric Corp., et al., present no facts or principles of law which were not fully considered by the Commission when it issued its order of October 9, 1969, or which having now been considered warrant any change or modification of said order. The Commission orders: The applica­ tion for rehearing of the Commission’s order of October 9, 1969, filed herein on November 10, 1969, by Central Hudson Gas & Electric Corp., et al., is hereby denied. By the Commission. [seal] G ordon M. G rant, Secretary. [F.R. Doc. 69-14986; Filed, Dec. 17 1969; 8:46 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19823 Notices

Gardner’s application and have found: Notice is hereby given that I have con­ DEPARTMENT OF STATE - (1) The convictions were made upon sidered Ambrose J. Gilliland’s application Agency for International Development charges which did not involve the use and: of a firearm or other weapon or a viola­ (1) I have found that the conviction HOUSING INVESTMENT GUARANTY tion of chapter 44, title 18, United States was made upon a charge which did not PROJECTS IN LATIN AMERICAN Code, or the National Firearms Act; and involve the use of a firearm or other COUNTRIES (2) It has been established to my sat­ weapon or a violation of chapter 44, title isfaction that the circumstances regard­ 18, United States Code, or of the National Special Announcement for Ecuador ing the convictions, and the applicant’s Firearms Act; and On July 11,1969, the Agency for Inter­ record and reputation, are such that the (2) It has been established to my sat­ applicant will not be likely to act in a isfaction that the circumstances regard­ national Development announced in the manner dangerous to public safety, and ing the conviction and the applicant’s Federal R egister, volume 34, No. 132, page 11502, the reopening of the Latin that the granting of the requested relief record and reputation are such that the American Housing Guaranty Program to. William P. Gardner from disabilities applicant will not be likely to act in a and establishing December 1 to Decem­ incurred by reason of his convictions, manner dangerous to public safety, and ber 15, 1969, as the dates for receiving would not be contrary to the public that the granting of the relief would not new applications. interest. be contrary to the public interest. The sole purpose of this special an­ It is ordered, Pursuant to the author­ Therefore, pursuant to th auhoriy vesd nouncement is to change the dates for ity vested in the Secretary of the Treas­ vested in the Secretary of the Treasury receiving of applications in Ecuador to ury by section 925(c), of title 18, United by section 925(c), title 18, United States February 1 through February 15, 1970. States Code and delegated to me by the Code and delegated to me by 26 CFR All other terms and conditions of the regulation in Title 26, Part 178, Code of JL7.?;144’ n is ordered that Ambrose J. announcement of July 11, 1969, will re­ Federal Regulations, that William P. Gilliland be, and he hereby is, granted main in full force and effect. Gardner be, and he hereby is, granted relief from any and all disabilities im­ relief from any and all disabilities irfi- posed by Federal laws with respect to S tanley B aruch, posed by Federal laws with respect to the the acquisition, receipt, transfer, ship­ Director, acquisition, receipt, transfer, shipment, ment, or possession of firearms and Housing and Urban Development. or possession of firearms, incurred by incurred by reason of the conviction December 8, 1969. reason of the convictions hereinabove hereinabove described. [F.R. Doc. 69-15009; Filed, Dec. 17, 1969; described. Signed at Washington, D.C., this 8:47 a.m.] Signed at Washington, D.C., this 12th 11th day of December, 1969. day of December 1969. [seal] William H. S mith, Acting Commissioner [seal] W illiam H. S mith, DEPARTMENT OF THE TREASURY Acting Commissioner of Internal Revenue. of Internal Revenue. [F.R. Doc. 69—15040; Filed, Dec. 17, 1969- Internal Revenue Service 8:49 a.m.} [F.R. Doc. 69-15039; Filed, Dec. 17, 1969; 8:49 a.m.] WILLIAM P. GARDNER KIRK DOUGLAS JEYS Notice of Granting of Relief Notice of Granting of Relief AMBROSE JUNIOR GILLILAND Notice is hereby given that William P. Notice is hereby given that Mr Kirk Gardner, Rural Route 2, Loretto, Ky., Notice of Granting of Relief Douglas Jeys, 357 Great Bridge Boule­ has applied for relief from disabilities vard, Chesapeake, Va. 23320, has applied imposed by Federal laws with respect to Notice is hereby given that Ambrose for relief from disabilities imposed by the acquisition, receipt, transfer, ship­ Junior Gilliland, of Ponca City, Okla., Federal laws with respect to the acquisi­ ment, or possession of firearms incurred has applied for relief from disabilities tion, receipt, transfer, shipment, or pos­ by reason of his convictions on March 10, imposed by Federal laws with respect to session of firearms incurred by reason of 1941, in the U.S. District Court, Louis­ the acquisition, receipt, transfer, ship­ his conviction on November 20, 1962 by ville, Ky., of three violations of the ment, or possession of firearms incurred the Circuit Court of Norfolk County, Va. Internal Revenue liquor laws, crimes by reason of his conviction on Janu­ of crimes punishable by imprisonment Punishable by imprisonment for a term ary 12, 1961, in the District Court of for a term exceeding l year. Unless relief exceeding 1 year. Unless relief is granted, Montgomery County, Kansas, of a crime is granted, it will be unlawful for Kirk it will be unlawful for William P. punishable by imprisonment for a term Douglas Jeys, because of such convic­ Gardner, because of such convictions to exceeding 1 year. Unless relief is granted, tions, to ship, transport or receive in ship, transport or receive in interstate it will be unlawful for Ambrose J. interstate or foreign commerce any fire­ or foreign commerce, any firearm or Gilliland because of such conviction, arm or ammunition, and he would be in­ ammunition, and he would be prevented to ship, transport or receive in interstate eligible for a license under chapter 44 under chapter 44, title 18, United States or foreign commerce any firearm or am­ title 18, United States Code as a fire­ Code, from obtaining a license under munition, and he would be ineligible for arms or ammunition' importer, manu­ that chapter as a firearms or ammuni­ a license under chapter 44, title 18, facturer, dealer or collector. In addition tion importer, manufacturer, dealer or United States Code as a firearms or am­ under title VII of the Omnibus Crime* collector. In addition under title VII munition importer, manufacturer, dealer Control and Safe Streets Act of 1968 as of the Omnibus Crime Control and Safe or collector. In addition, under title VII amended (82 Stat. 236; 18 U.S.C. A p ­ Streets Act of 1968 (82 Stat. 236; 18 of the Omnibus Crime Control and Safe pendix) , because of such convictions, it United States Code, Appendix) because Streets Act of 1968, as amended (82 Stat. would be unlawful for Mr. Jeys to receive, of such convictions it would be unlaw­ 236; 18 U.S.C., Appendix), because of possess, or transport in commerce or ful for Mr. William P. Gardner, to such conviction, it would be unlawful for affecting commerce, any firearm. receive, possess, or transport in com- Mr. Gilliland to receive, possess, or trans­ Notice is hereby given that I have tnerce a firearm. Notice is hereby further port in commerce or affecting commerce, considered Kirk Douglas Jeys’ applica­ Siven that I have considered William P. any firearm. tion and have found:

* FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19824 NOTICES (1) The convictions were made upon T. 36 N„ R. 58 E., Mount Diablo Meridian a charge which did not involve the use Secs. 6, 8, 18, 20; T. 35 N., R. 61 E., of a firearm or other weapon or a viola­ Sec. 28, Wi/2NE%, NW^NW1/*, Sy2NWi4; Sec. 10, Ey2; Sec 30* Sec. 14.NW14; tion of chapter 44, title 18, United States Sec’ 32, NV2 , NW14SW14, SE14SW14, Ei/2 Code, or of the National Firearms Act; Sec. 22, Ey2. SE&. T. 36 N., R. 61 E„ (2) The circumstances regarding the T. 37 N., R. 58 E., Sec. 12; convictions and the applicant’s record Sec. 32. Sec. 14, Ei/2SW%, SE&; and reputation are such that the appli­ T. 42 N., R. 63 E., Sec. 26,Ni/2. cant will not be likely to act in a manner Sec. 1, lots 2-4, inclusive, SW^NE1^, T. 37 N., R. 61 E., sy2Nwy4, swi/4, wy2SE^. Sec. 36. dangerous to public safety, and that the T. 43 N., R. 63 E., granting of the relief would not be con­ T. 36 N., R. 62 E„ Sec. 2, SWy4NWy4, NWi,4SWi4; Secs. 4, 6; trary to the public interest. Sec. 3, lot 1, SE14 NE14; Sec. 8, Ni^N^. Therefore, pursuant to the authority Sec. 3, lot 1, SE^iNE%; T. 37 N., R. 62 E„ vested in the Secretary of the Treasury Sec. ll.NE^NW ^, W^SE%; Sec. 34. by section 925(c), title 18, United States Sec. 14, Wi/2NE^, Ei/2SE%; Code and delegated to me by 26 CFR Sec. 23, NE%NE%; The areas described aggregate 4,951.17 sec. 24, s w ^ n w ^ , w y2 SW14; acres. 178.144, it is ordered that Kirk Douglas Sec. 25, Ni/2NW^4, SE^NW ^, SW^; Jeys be, and he hereby is, granted relief Sec. 36, Wy2. 4. Publication of this notice will segre­ from any and all disabilities imposed by T. 44 N., R. 63 E„ gate the lands from all appropriation Federal laws with respect to the acquisi­ Sec. 22, SW(4NE %, Wi/2SE y4; under the public land laws, including tion, receipt, transfer, shipment or pos­ Sec. 27, Sy2NWi4, SW%; location under the mining laws. Publica­ session of firearms and incurred by Sec. 28, E^SE%; tion will not alter the applicability of the reason of the convictions hereinabove Sec. 33,E%NE%; public land laws governing the use of described. Sec. 34, Wy2NEi4, NWy4, Ni/aSW^, SE % the lands under lease, license, or per­ sw ^ .S E y t. mit, or governing the disposal of their Signed at Washington, D.C., this 12th The lands described aggregate approx­ mineral or vegetative resources, other day of December 1969. imately 19,000 acres. than under the mining laws. [ seal] W illiam H. S mith, 2. Publication of the notice of pro­ 5. For a period of 30 days, interested Acting Commissioner of posed classification (34 F.R. 15301) parties may submit comments to the Internal Revenue. segregated the affected lands from all Secretary of the Interior, LLM, 320, {F.R. Doc. 69-15041; Filed, Dec. 17, 1969; forms of disposal under the public land Washington, D.C. 20240. (43 CFR 2411.1- 8:49 a.m.] laws including the mining laws except 2(d).) the form of disposal for which the lands N olan F. K eil, are classified. The publication did not State Director, Nevada. alter the applicability of the public land [F.R. Doc. 69-14997; Filed, Dec. 17, 1969; DEPARTMENT OF THE INTERIOR laws governing the use of the lands under 8:46 a.m.] lease, license, or permit, or governing the Bureau of Land Management disposal of their mineral and vegetative [New Mexico PEC-2-1] [N-3912] resources, other than under the mining laws. NEW MEXICd NEVADA 3. All applications for exchange must be accompanied by a statement from the Notice of Classification Notice of Classification of Public Lands Chief, Office of Land and Water Rights, for Disposal National Park Service, San Francisco, D ecember 12,1969. Calif., that the proposal is feasible in Pursuant to section 2 of the Act of D ecember 10,1969. accordance with 43 CFR 2244.1-2 (b) (1). September 19, 1964 (43 U.S.C. 1412), the 1. The following public lands are 4. For a period of 30 days, interested lands described below are hereby classi­ hereby classified for transfer out of parties may submit comments to the fied for disposal through exchange under Federal ownership by exchange under Secretary of the Interior, LLM, 320, section 8 of the Act of June 28, 1934 (48 the Point Reyes National Seashore Act Washington, D.C. 20240. (43 CFR 2411.1- Stat. 1272; 43 U.S.C. 315g), as amended, of September 13, 1962 (16 U.S.C. sec. 2(d).) for lands within Catron County, N. Mex., 459c)': N olan F. K eil, and are described as follows: Mount Diablo Meridian State Director, Nevada. New Mexico P rincipal Meridian ELKO COUNTY [F.R. Doc. 69-14996; Filed, Dec. 17, 1969; T. 8 N., R. 3 W., T. 32 N., R. 56 E., 8:46 aon.] Sec. 4; Secs. 1,2,3,10,11,12; Sec. 6, lots 4, 5, 6, 7, Sy2NE^, SE^NW^, Sec. 13, N»/2; [N—1852] Ey2SW>/4 andSEVi; Sec. 14, N%; Sec. 22. Sec. 15,Ny2. NEVADA T. 2 S., R. 9 W., T. 33 N„ R. 56 E., Sec. 20, Ni/2 and NE^SE^; Sec. 36, NE&NE&, W%W%, SE&SW»/4, Notice of Classification of Public Lands Sec. 21, Sy2NW%,Ny2Si/2 and SEi4SW>4; sy2SE%. for Disposal Sec. 22, Sy2SWi4 and SW&SE^. T. 2 S.,R. 10 W., T. 32 N., R. 57 E„ D ecember 10, 1969. Sec. 14, NE]4, NE NW , NE^SWH and Sec. 6, lots 1-6, inclusive, SE^NW ^, 14 14 1. The lands described below are here­ SE%. NE%SW%, N&SEfcj T. 3 S., R. 10 W., Sec. 8, Si/aNW^. by classified for exchange under section Sec. 34, SW% and NW ^SE^. T. 33 N., R. 57 E., 8 of the Taylor Grazing Act (43 U.S.C. T. 4 S„ R. 10 W., sec. 32, NE%swy4l sy2s w ^ . 315g). This publication is made pursuant Sec. 4, lots 1,2,3, 4 and S^N^fc; T. 35 N„ R. 57 E., to the Act of September 19, 1964, 43 Sec. 5, lots 1, 2, 3,4 and S ^ N ^ S6C. 2* U.S.C. 1412. Sec. 6, lots 1, 2, 3, 4, 5, Sy2NE% and SE«/4 sec. i 2 ,Ny2,Ny2sy2. 2. One protest was received which was n w >/4. T. 36 N., R. 57 E., withdrawn after the protestant was af­ T. 4 S., R. 11 W., Sec. 2, lots 1-3, inclusive, Sy2N ^, &y2: forded an opportunity to review the data Sec. 11, SW>/4, NE]4SE$4 and wy2SE}4: Sec. 10, Ey2SE%; . Sec. 14, Ni/aNWi/4 and SWi/4NWy4; Secs. 12,14,24, 26, 36. supporting the notice of proposed classi­ Sec. 15, Ny>, SWi/4, Ny2SEi4 and SW% T. 37 N., R. 57 E„ fication (34 F.R. 15388). SE%; Sec. 36. 3. The lands affected by this classifi­ Sec. 20, NE!/4; T. 35 N„ R. 58 E„ cation are located in Elko County and Sec. 21,Ny2; Sec. 6. are described as follows: sec. 22, Ny2Nwi4 and sw y4Nwy4.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER \ 8, 1969 NOTICES 19825 T. 5 S., R. 11 W., T. 24 N., R. 2 W., from all forms of appropriation under Sec. 6, lots 6, 7,14 and 15. Sec. 3, lot 1; the public land laws including the mining T. 6 S., R. 11 W., Sec. 8, Ey2NE% and NW‘/4NEi4; laws but not the mineral leasing laws. Sec. 22, NE%; Sec. 9, NW14NE/4; Sec. 35. Sec. 14, SW14NE14 ; The applicant desires to have the T. 4 S„ R. 12 W., Sec. 17,S%SW%; Rogers Mountain Petrified Wood Area Sec. 24, NE14 , SE14NW14 and Sy2; Sec. 18, NWy4 and S^SE ^; withdrawn to protect a deposit of petri­ Sec. 25; Sec. 20, Wy2NEy4, wy2, Ni/2SEyi, NW>/4 fied wood which is valuable for scientific, Sec. 26, S ^; SW%SE%, and Sy2SW%SE&; instructive, and collective purposes. Sec. 27, S y2; Sec. 21, NV2Sy2 and SE^SE^; For a period of 30 days from the date Sec. 28, SE%. Sec. 22, Sl/2NE14 and SE^; of publication of this notice, all persons T. 5 S., R. 12 W., Sec. 23, NE^NE%, S ^ N ^ , and Sy2; who wish to submit comments, sugges­ Sec. 18, lots 1,2, wy2NEi4 and E y2 NW%. Sec. 24; . ' tions, or objections in connection with T. 6 S., R. 12 W., Sec. 30, SEy4NWi/4. Sec. 11, lots 1 to 8, Inclusive; T. 24 N„ R. 3 W., the proposed withdrawal may present Sec. 12, lots 1 to 6, inclusive. Sec. 3, SW%; their views in writing to the undersigned T. 4 S., R. 13 W., Secs. 4 and 5; officer of the Bureau of Land Manage­ Sec. 25, NE14SE14 and s y 2s y 2; Sec. 6, lots 1 to 6, Inclusive, S^NEy., and ment, Department of the Interior, 729 sec. 26, sy2sy2; SE%; Northeast Oregon Street (Post Office Box Sec. 27, Ey2 , SE%NW% and NE^SW ^; Sec. 7, lots 1, 2, and NE%; 2965), Portland, Oreg. 97208. Sec. 28, NW14NE14, sy2NE%, NW% and Sec. 8, NWy4 ; The authorized officer of the Bureau of sy2; Sec. 10; Land Management will undertake such Sec. 29, Ni/2, Ny2SWi4, SE^SW ^ and Sec. 11, E^ and NWy4 ; investigations as are necessary to deter­ SE%; Sec. 12, NWy4NWi4, SW ^, NW ^SE^, and Sec. 31, NWV4NE% and SE%NEi4; S%SE%; mine the existing and potential demand Sec. 32, W1/2NW14 and SE^NW^; Sec. 13, Ny£N%; for the lands and their resources. Sec. 35, NE%. Sec. 14, Ni/2NE% and SE^; After receipt of comments from inter­ T.4S., R. 14 W., Sec. 15, SE%; ested parties, he will prepare a report for Sec. 29, S y2; Sec. 17, SE%; consideration by the Secretary of the In­ Sec. 32, N14. Sec. 18, lots 1, 2, 3, and 4; terior who will determine whether or not The areas described aggregate 12,336.16 Sec. 19, lots 1, 2,3, and 4; the lands will be withdrawn as requested Sec. 22, Ey2; by the Bureau of Land Management. acres. Sec. 27E|V2; For a period of 30 days, interested Sec. 31, lots 3, 4, and NE^; The determination of the Secretary on parties may submit comments to the Sec. 34, E^ . the application will be published in the Secretary of the Interior, LLM, 721, T. 25 N„ R. 3 W., F ederal R egister. A separate notice will Washington, D.C. 20240. Sec. 3, lots 3,4, and SW^NW^; be sent to each interested party of record. W. J. Anderson, Sec. 11; If circumstances warrant it, a public State Director. Sec. 12, W%; - hearing will be held at a convenient time Secs. 14 and 15; and place which will be announced. [F.R. Doc. 69-14971; Piled, Dec. 17, 1969; Sec. 16.SE&; 8:45 a.m.] Secs. 19, 20, and 21; The lands involved in the application Sec. 22, Ei/2, Ey2NWi4, NWy4NW>/4NWy4, are: Sy2NW%NW^, SWi4NW^, and SW&; W i l l a m e t t e M e r i d i a n [New Mexico 9490] Secs. 28, 29, 30, and 31; ROGERS MOUNTAIN PETRIFIED WOOD AREA Sec. 32, NW14NE14, Si/2NE%, wy2, and NEW MEXICO SE^. j T. 10 S., R. 1 E„ Sec. 33,S^SEi4. Sec. 31, fractional NWy4 NWy4, NE%NW 14, Notice of Classification of Lands for n y2 n e 54 • Transfer Out of Federal Ownership The lands described above total 20,- 231.16 acres. The area described aggregates 158.44 D ecember 12,1969. 2. Publication of this notice segregates acres. Pursuant to the Act of September 19, the affected lands from all forms of dis­ Virgil O. S eiser, 1964 (43 U.S.C. 1411—18) and to the regu­ posal under the public land laws, includ­ Chief, Branch of Lands. lations in 43 CFR, Parts 2410 and 2411, ing the mining laws, except the form or [F.R. Doc. 69-14973; Piled, Dec. 17, 1969; it is proposed to classify the public lands forms of disposal for which the lands are 8:45 a.m.] described below for transfer out of Fed­ classified. However, publication does not eral ownership as hereinafter specified. alter the applicability of the public land [OR 5620] 1, The following public lands arelaws governing the use of the lands under hereby classified for transfer out of Fed­ lease, license, or permit, or governing OREGON eral ownership by State grants and in­ the disposal of their mineral and vegeta­ demnity selections (43 U.S.C. 851, 852); tive resources, other than under the Notice of Proposed Withdrawal and exchanges under section 8 of the Taylor mining laws. Reservation of Lands Grazing Act (43 U.S.C. 315g) and/or public sales under section' 2455 of the 3. For a period of 30 days, interested D ecember 11,1969. parties may submit comments to the Sec­ The Bureau of Reclamation, U.S. De­ Revised Statutes (43 U.S.C. 1171) and retary of the Interior, LLM, 721, Wash­ public uses and development under the partment of the Interior, has filed an ap­ Act of June 14, 1926 (44 Stat. 741). ington, D.C. 20240 (43 CFR 2411.12(d)). plication, Serial No. OR 5620, for the W. J. Anderson, withdrawal of the public lands described N e w M e x i c o P r i n c i p a l M e r i d i a n State Director. below, from all forms of appropriation under the' public land laws, including T. 24 N„ R. 1 W., [F.R. Doc. 69-14972; Piled, Dec. 17, 1969; Sec. 1 , lots 3, 4, and Sy2NW^; 8:45 am.] the mining laws but not from leasing un­ Sec. 10, E1/2NE14, NE14SE14, and SW14 der the mineral leasing laws. SE14; The applicant desires the use of the Sec. 1 1 , NWJ4; [OR 5546] lands in order to protect its interest in Sec. 15, NW%NE}4 and Ni/jNW^; the existing Warm Springs Reservoir Sec. 2 1 , NE14NW14, Sy2NWi4, and SW14 OREGON SW14; which is a part of the Vale Reclama­ Sec. 23, S^ ; Notice of Proposed Withdrawal and tion Project. Sec. 26, Ny2N%; Reservation of Lands For a period of 30 days from the date Sec. 27, NE14, NE^NW ^, Sy2NWyL, and of publication of this notice, all persons SW14; D ecember 11, 1969. who wish to submit comments, sugges­ Sec. 28; The Bureau of Land Management, U.S. tions, or objections in connection with Sec. 29, Ey2NEi4 , SW^NE^, and SE^; Department of the Interior, has filed ap­ the proposed withdrawal may present Sec. 33, Ey2; plication, Serial No. OR 5546, for the Sec. 34, W ^. their views in writing to the under­ withdrawal of the lands described below, signed officer of the Bureau of Land

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 No. 242- 19826 NOTICES Management, Department of the Inte­ of Executive Order 10355, was published terial amends the material appearing at rior, 729 Northeast Oregon Street (Post in the F.R. Doc. 69-1507 on pages 1776 34 F.R. 13487 of August 21, 1969. Office Box 2965), Portland, Oreg. 97208. and 1777 of the issue for Thursday, Feb­ Department Organization Order 25- The authorized officer of the Bureau ruary 6,1969. The subject notice is here­ 2B (formerly Department Order 117-B), of Land Management will undertake by amended to permit leasing under the dated August 8, 1969, is hereby amended such investigations as are necessary to Small Tract Act of June 1, 1938, as as follows: determine the existing and potential amended (43 U.S.C. 682a), of the land 1. In section 8. Office of the Assistant demand for the lands and their resources. proposed for withdrawal. Administrator for Administration, para­ graph .06 is amended to read: He will also undertake negotiations with D aniel P. B aker, the applicant agency with the view of State Director. “.06 The Office of Personnel shall adjusting the application to reduce the plan and administer personnel programs area to the minimum essential to meet [P.R. Doc. 69-14995; Filed, Dec. 17, 1969; and activities relating to recruitment, the applicant’s needs, to provide for the 8:46 a.m.] placement, promotion, separation, em­ maximum concurrent utilization of the ployee performance evaluation, train­ lands for purposes other than the appli­ Office of the Secretary ing and career development, employee cant’s, to eliminate lands needed for recognition and incentives, employee re­ purposes more essential than the appli­ ELMER S. HALL lations and services, employee-manage­ cant’s, and to reach agreement on the ment relations, classification, pay man­ concurrent management of the lands and Statement of Changes in Financial agement, and various employee benefit their resources. Interests programs. This Office shall also plan and He will also prepare a report for con­ In accordance with the requirements administer the equal opportunity pro­ sideration by the Secretary of the Inte­ of section 710(b) (6) of the Defense Pro­ gram for employment in the Maritime rior who will determine whether or not duction Act of 1950, as amended, and Ex­ Administration.” the lands will be withdrawn as requested ecutive Order 10647 of November 28, 2. S ection 12. Field Organization, is by the applicant agency. 1955, the following changes have taken amended to read: The determination of the Secretary on place in my financial interests during “.01a. There shall be three field the application will be published in the the past 6 months: organizations called Regions, each F ederal R egister. A separate notice will be sent to each interested party of record. (1) No change. headed by a Regional Director, as speci­ (2) No change. fied below: If circumstances warrant it, a public (3) No change. hearing will be held at a convenient time (4) No change. Region and Headquarters Location and place which will be announced. Eastern Region—New York, N.Y. The lands involved in the application This statement is made as of Decem­ Central Region—New Orleans, La. are: ber 3,1969. Western Region—San Francisco, Calif. W i l l a m e t t e M e r i d i a n Dated: December 3, 1969. T. 22 S„ R. 36 E., “b. The Regions shall have geographic Sec. 23, SV2SE14; E. S. Hall. areas of responsibility as shown in ex­ sec. 36, wy2Nwy4. [F.R. Doc. 69-14998; Piled, Dec. 17, 1969; hibit 2. (A copy of which is on file with T. 23 S., R. 36 E„ 8:46 a.m.] original of this document with the Office Sec. 1, lots 3 and 4, SW^NE^, S^NW^, of the Federal Register.) SWy4l and Wy2SEV4; “c. The Regional Directors shall be re­ Sec. 2, lots 1 and 2, S%NEy4, and SE%; HUGH C. VAN HORN Sec. 11, Ni/2NE%; sponsible for all field operations and pro­ Sec. 12, SE%NEi4, NW&, N%SW&, SE&- Statement of Changes in Financial grams of the Maritime Administration SW%, andSE%; Interests within their respective regions, except Sec. 13, E y2 and Ey2NWy4 . ship construction and the U.S. Merchant T. 22 S„ R. 37 E., In accordance with the requirements Marine Academy, subject to national Sec. 31, SWy4NEy4 and E^NW ^. of section 710(b) (6) of the Defense Pro­ policies, determinations, procedures and T. 23 S., R. 37 E„ directives of the appropriate office chief Sec. 5, NW14SW14 and Si/2SWy4; duction Act of 1950, as amended, and Sec. 6, lot 1, SEy4NE%, and NE^SE^; Executive Order 10647 of November 28, in Washington, D.C. The programs and Sec. 7, lots 1, 2, 3, and 4, NE^SW1^, and 1955, the following changes have taken activities under their jurisdiction shall Ni/2S Ei4; place in my financial interests during the include the custody and preservation of Sec. 8, NWy4NEi4, Ny2NWy4, SEy4NWy2, past 6 months: ships in the national defense reserve Ni/2sw y4, and SWy4SW'/4; (1) No change. fleets; operation, repair and mainte­ Sec. 18, tóts 1 and 2. (2) No change. nance of ships; marine inspections; re­ The lands described aggregate about (3) No change. view and analysis of operating costs of 2,904 acres. (4) No change. subsidized operators ; accounting and ex­ ternal auditing; contract compliance ac­ Virgil O. S eiser, This statement is made as of Decem­ tivities; trade promotion; development of Chief, Branch of Lands. ber 3, 1969. ports and intermodal transportation [F.R. Doc. 69-14974; Piled, Dec. 17, 1969; Dated: December 3, 1969. systems; operation of warehouses; pro­ 8:45 a.m.] curement and disposal of property and H ugh C. Van H orn. supplies; facilities management; and ad­ [P.R. Doc. 69-14999;. Piled, Dec. 17, 1969; ministrative support activities. [Wyoming 17259] 8 :47 a.m.] “.02 The U.S. Merchant Marine Acad­ WYOMING emy, Kings Point, N.Y. shall develop and maintain programs for the training of Notice of Amendment of Proposed U.S. citizens to become officers in the U.S. Withdrawal and Reservation of DEPARTMENT OF COMMERCE merchant marine.” Lands Office of the Secretary 3. S ec. 14. Office of Civil Rights, is D ecember 10, 1969. added to read as follows: Notice of Bureau of Land Manage­ [Dept. Organization Order 25-2B Amdt. 1] “The Office of Civil Rights shall formu­ ment, U.S. Department of the Interior late and conduct programs to assure application, Serial No. Wyoming 17259, MARITIME ADMINISTRATION compliance by Federal contractors and for the withdrawal of certain vacant Organization and Structure subcontractors with Executive Orders public land from all forms of appropria­ 11246 and 11375 and related regulations, tion under the public land laws, includ­ The following amendment to the order and applicants for and recipients of Fed­ ing the mining laws but not the mineral was issued by the Secretary of Commerce eral financial assistance and their con­ leasing laws, pursuant to the authority effective on January 1, 1970. This ma­ tractors and subcontractors with Title VI

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 NOTICES 19827 of the Civil Rights Act of 1964 and re­ thority to carry out the Secretary’s re­ sources in carrying out the programs of lated regulations; plan and direct spe­ sponsibilities for fulfilling the objectives the Department. cial programs to assure equal oppor­ and effecting compliance throughout the b. The improvement of management tunity in employment in the ship and Department with the requirements of structures, systems, tools and practices boat building and repair industries, water Title VI of the Civil Rights Act of 1964, towards achieving the highest practical transportation industry, and related in­ Executive Order 11246, Executive Orders degree of effectiveness, efficiency and dustries as assigned; provide assistance 11247 and 11375, and any other statutes, economy in programs of the Department. in communicating to minority communi­ Executive Orders and regulatory provi­ c. The planning, budgeting and man­ ties the career opportunities available in sions relating to equal opportunity under agement of financial resources so as to the Merchant Marine; assist in the re­ which the Secretary or the Department assure optimum utilization of funds cruitment of qualified minority cadet may have responsibilities. For purposes in carrying out programs of the candidates for the U.S. Merchant Marine of carrying out these responsibilities and Department. Academy and assure equal opportunity as required by the applicable Executive d. The development and management for the Academy cadets; conduct com­ Orders or implementing regulations of of the Department’s Planning-Program- pliance reviews of the civil rights and the Secretary of Labor or the Civil Serv­ ing-Budgeting (PPB) System required equal employment opportunity programs ice Commission, the Assistant Secretary by Bureau of the Budget Bulletin relating to Maritime Administration em­ for Administration is designated as the No. 68-9. ployees, and make recommendations for Contracts Compliance Officer and the Di­ e. The efficient provision of common improvement.” rector of Equal Employment Opportun­ administrative and related support serv­ 4. Present section 14 is renumberedity for the Department and is authorized ices required for the effective conduct of section 15. to (a) upon recommendations of the programs of the Department. These Larry A. J obe, heads of operating units, and with the services shall include procurement, prop­ Assistant Secretary for Administration. approval of the respective Program Sec­ erty, space, safety, motor vehicle, mail, [P.R. Doc. 69-14979; Piled, Dec. 17, 1969; retarial Officers involved, designate Dep­ communications, library, and related 8:45 a.m.] uty Contracts Compliance and Equal activities. Employment Opportunity Officers for the f. The audit of operations and con­ operating units; and (b) designate Dep­ tracts or other agreements of the De­ [Dept. Organization Order 10-5] uty Contracts Compliance and Equal partment to determine deficiencies that ASSISTANT SECRETARY FOR Employment Opportunity Officers for the may exist, to recommend corrective ADMINISTRATION Office of the Secretary. action, to uncover opportunities for in­ .03 Subject to applicable laws and creased efficiency and economy, and to Designation and Authority regulations, the Assistant Secretary for establish a basis for settling contracts Administration may redelegate his au­ and claims, The following order was issued by the thority to any officer or employee of the g. The achievement by the Department Secretary of Commerce effective on De­ Department subject to such conditions of a high state of planning and readiness cember 2, 1969. This material supersedes in the exercise of the authority as he may for responding to national emergencies the material appearing at 34 F.R. 12457 prescribe; however, his authority to and major disasters. of July 30,1969. designate Deputy Contracts Compliance h. The conduct of investigations and Section 1. Purpose. .01 This order prescribes the scope of authority and the Officers and Equal Employment Oppor­ related work as required to determine duties and responsibilities of the Assist­ tunity Officers may not be redelegated. that prospective employees meet, and S ec. 4. Office of Assistant Secretary for that present employees maintain re­ ant Secretary for Administration, and Administration. .01 The Office of the quired standards of character, loyalty, prescribes the organization structure of Assistant Secretary for Administration honesty and conduct; and the conduct his office. shall consist of: of operations required to assure physical .02 This revision (a) assigns to the a. Immediate Office of the Assistant security of the Department’s property Assistant Secretary for Administration Secretary : and records. responsibility for the Department’s Plan- (1) Deputy Assistant Secretary for i. The provision of printing, design, ning-Programing-Budgeting System and Administration, who shall be the prin­ graphics, editorial and related promo­ (b) changes the “Office of Budget” to the cipal assistant of the Assistant Secretary tional, distribution and control services “Office of Budget and Program for Administration and shall assume the as will contribute to the effectiveness of Analysis.” latter’s full duties during his absence. the Department’s publications and other Sec. 2. Administrative designation. The position of Assistant Secretary of (2) Special Assistant for Equal Oppor­ printed materials, with due regard for Commerce established by section 304 of tunity. reasonable costs. Public Law 83-471 of July 2, 1954 (68 b. Departmental offices: j. The conduct of activities to assure Stat. 430; 15 U.S.C. 1506) shall continue Office of Administrative Services. equal opportunity in employment within to be designated as the Assistant Secre­ Office of Audits. the Department, and to assure nondis­ tary for Administration. The Assistant Office of Budget and Program Analysis. crimination in Federally-assisted pro­ Secretary for Administration is ap­ Office of Emergency Readiness. grams and by contractors and subcon­ pointed by the President by and with the Office of Financial Management Services. tractors of the Department. advice and consent of the Senate. Office of Investigations and Security. .02 In carrying out the above respon­ Office of Management and Organization. sibilities, the Assistant Secretary for Ad­ Sec. 3. Scope of authority. .01 Pur­ suant to the authority vested in the Sec­ Office of Personnel. ministration shall : retary of Commerce by law, and subject Office of Publications. a. Develop and issue policies, stand­ to such policies and directives as the Sec­ c. Financial Systems Staff. ards and procedures for administrative d. Appeals Board. management functions throughout the retary may prescribe, the Assistant Sec­ Department, and provide functional ap­ retary is hereby delegated the authority .02 The Appeals Board is assigned to praisal and supervision in the conduct of of the Secretary on administrative man­ the Office of the Assistant Secretary for such functions by operating units. agement matters of the Department. Administration for administrative pur­ b. Directly provide the administrative This delegation shall include the conduct poses only. management services required by the of all administrative management func­ S ec. 5. Duties and responsibilities. Office of the Secretary and, as determined tions required in the overall management .01 The Assistant Secretary for Admin­ by the Secretary or by agreement be­ of the Department as well as the provi­ istration shall serve as the principal ad­ tween the Assistant Secretary for Ad­ sion of administrative management serv­ viser to the Secretary and as the chief ministration and the Program Secre­ ices directly to the Office of the Secretary officer of the Department on administra­ tarial Officer concerned, directly provide and, as herein specified, to all or some tive management. As such, he shall be particular administrative management operating units of the Department. concerned with: services to specified operating units of 02 The authority delegated to the a. The recruitment, development, mo­the Department or to other organizations. Assistant Secretary for Administration tivation, and compensation of personnel, c. Conduct a centralized audit func­ in Paragraph .01 above shall include au­ including the effective use of human re­ tion that shall extend to the activities of

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19828 NOTICES all organizations of the Department, with ning and management, analysis and formity with instructions governing sub­ such special exceptions as the Assistant reporting of fiscal and program status, mission of budget estimates; Secretary for Administration may and the development and management of b. Participate in the identification of determine. the Department’s PPB System. major issues and problems to be covered d. Conduct a centralized procurement S ec. 4. Organization and functions. by program memoranda and special function that shall serve the Office of .01 The Office of Budget and Pro­ analytical studies; the Secretary and, as determined by the gram Analysis shall consist of: c. Monitor, advise and assist operating Assistant Secretary for Administration, a. Office of the Director; units in the development and operation various operating units. b. Budget Coordination and Reports of systems for integrating the results of e. Provide central publications, print­ Division; and planning and programing with budget­ ing, and related services for organiza­ c. Review and Analysis Staff. ing, including development of criteria tions of the Department except as the .02 The Director shall be the Budget for and review of program memoranda Secretary may authorize particular orga­ Officer for the Department of Com­ and special analytical studies for com­ nizations to provide some such services, merce, shall be the adviser to, and serve pleteness, timeliness, adequacy, de­ as specified, for themselves. as the representative of, the Assistant velopment of alternatives, and factual .03 The Assistant Secretary for Ad­ Secretary for Administration in matters content; ministration shall be responsible for co­ relating to budget formulation and exe­ d. Review and evaluate the Depart­ ordination and liaison with the Bureau cution, analysis and reporting of fiscal ment’s program structure and recom­ of the Budget, the Civil Service Commis­ and program status, and the Depart­ mend modifications as necessary; sion, the General Services Administra­ ment’s planning-programing-budgeting e. Participate in the review of legis­ tion, and the General Accounting Office system, and shall serve as adviser to lative proposals affecting the Depart­ on all applicable matters of administra­ other Departmental officials with respect ment’s plans and programs; tive management, provide central liaison to these matters. He shall represent the f. Examine and clear apportionment for the Department with the Appropria­ Department on the above matters, and requests; tions Committees, coordinate adminis­ shall establish and maintain close work­ g. Provide technical assistance to op­ trative management matters with other ing relationships with the Bureau of the erating units on budget matters; departments and agencies, and otherwise Budget, with the Appropriations Com­ h. Analyze fiscal and program plans represent the Department on such mat­ mittees, and with other Government and reprograming proposals for con­ ters with public or private groups. agencies. formance to Departmental policies and S ec. 6. Savings provision. Department .03 The Budget Coordination and commitments, and maintain a continu­ Organization and Department Adminis­ Reports Division. This division shall: ous review of the status of obligations, trative Orders, circulars, or memoranda a. Establish standards, criteria and expenditures and program progress; which are inconsistent or in conflict with procedures for preparing budget esti­ i. Evaluate budgeting policies and pro­ this order are hereby constructively mates and justifications; grams and make recommendations to amended or superseded accordingly. b. Coordinate budget programs and appropriate officials for improvements; Larry A. J obe, activities that require consolidated and Assistant Secretary action by the Department; j. Provide continuous liaison and be tor Administration. c. Interpret Bureau of the Budget di­ the point of contact between officials in rectives on budget matters; assigned program areas and appropriate [F.R. Doc. 69-14980; Filed, Dec. 17, 1969; d. Coordinate the preparation of staff of the Office of the Secretary and 8:45 a.m.] budget estimates; Bureau of the Budget on budget matters. e. Maintain information on the status S ec. 5. Department of Commerce [Dept. Organization Order 20-3] of Congressional actions on the Depart­ Budget Committee.—The Department of ment’s budget; Commerce Budget Committee shall con­ OFFICE OF BUDGET AND PROGRAM f. Prepare budget summaries and sist of the Director as Chairman, the ANALYSIS analyses; budget officers and the officers responsi­ g. Maintain the Department’s budget ble for PPB coordination in each primary Organization and Functions history; operating unit, and if not otherwise rep­ This material supersedes the material h. Maintain liaison with Bureau of the resented, the designated PPBS coordina­ appearing at 34 F.R. 12458 of July 30, Budget staff and with staffs of Appropri­ tors from each program category. The 1969. ations Committees on budget matters as Committee will meet on call from the S ection. 1. Purpose. This order dele­ necessary to carry out the Division’s Chairman for the purpose of advising gates authority to the Director, Office of responsibilities; and assisting in the development of Budget and Program Analysis, and pre­ L Establish reporting requirements budget policies and programs, and sys­ scribes the organization and functions from operating units on fiscal plans and tems for integration of the results of of the Office of Budget and Program status, budget execution, and program planning and programing with budgeting Analysis. accomplishments; and analyze, consoli­ throughout the Department. Sec. 2. General. The Office of Budget date or otherwise treat the reports as Effective date: December 4,1969. was redesignated as the Office of Budget will best meet the needs of the Secretary and Program Analysis by DOO 10-5 is­ and Secretarial Officers, incorporating Larry A. J obe, sued December 2, 1969. The Office shall material furnished by the Review and Assistant Secretary be headed by a Director who shall report Analysis Staff; and for Administration. and be responsible to the Assistant Sec­ j. Prepare special reports or briefings[F.R. Doc. 69-14982; Filed, Dec. 17, 1969; retary for Administration. The Direc­ for the Secretary and Secretarial Offi­ 8:46 a.m_] tor shall be assisted by a Deputy Direc­ cers on significant fiscal, budget and tor who shall perform the functions of program execution problems, incorpo­ the Director during the latter’s absence. rating material furnished by the Review [Dept. Organization Order 15-4] and Analysis staff. S ec. 3. Delegation of authority. Pur­ OFFICE OF POLICY DEVELOPMENT suant to the authority vested in the .04 Review and Analysis Staff. This Assistant Secretary for Administration staff shall: Organization and Functions by Department Organization Order 10-5 a. Examine and analyze all budget and subject to applicable provisions of proposals in terms of effective allocation The following order was issued by the law, regulation, and Instructions of the of Departmental resources, conformance Secretary of Commerce effective on De­ Assistant Secretary for Administration, to policies, adequacy of justification and cember 2, 1969. This material supersedes the Director, Office of Budget and Pro­ appropriation language, existence of the material appearing at 33 P.R. 9037 gram Analysis, is delegated the authority statutory authorization, feasibility and of June 19,1968. vested in the Assistant Secretary for Ad­ economy of operations, accuracy and S ection 1. Purpose. This order pre­ ministration pertaining to budget plan­ consistency of schedules, and for con­ scribes the responsibilities of the Office

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 NOTICES 19829 of Policy Development in the Office of mitted to the Secretary and perform tical, if not impossible, to prove a the Secretary. other related staff work; and consistent or significant difference in ef­ Sec. 2. General. .01 The Office of j. Perform other related duties as as­fectiveness between Tergemist and water Program Planning is hereby redesignated signed by the Secretary. or saline because the inherent hour-to- as the Office of Policy Development, and hour patient-to-patient variations in its functions are hereby revised as speci­ Larry A. J obe, the symptometology of the diseases being fied herein. This reconstituted office shall Assistant Secretary treated introduce such variables into a continue to have the status of a Depart­ for Administration. closely controlled study as to make a mental office. [F.R. Doc. 69-14981; Filed, Dec. 17, 1969; meaningful analysis unattainable. Ab­ .02 The Office of Policy Development 8:45 a.m.] bott Laboratories requested withdrawal shall be headed by a Special Assistant to of approval of NDA 10-577 for Tergem­ the Secretary for Policy Development ist. It stated that marketing of the drug who shall report and be responsible to had been discontinued and existing the Secretary of Commerce. DEPARTMENT OF HEALTH, stocks were being withdrawn from “Ab­ Sec. 3. Functions. The Office of Policy bott’s distribution centers.” Development shall serve as the special EDUCATION, AND WELFARE The Commissioner, pursuant to the problem solving and conceptual group on provisions of the Federal Food, Drug, and policy development matters of direct Food and Drug Administration Cosmetic Act (sec. 505(a), 52 Stat. 1053, concern to the Secretary. In this capacity, [Docket No. FDC-D-142; NDA No. 10-577] as amended; 21 U.S.C. 355(e)) and under the Office shall : authority delegated to him (21 CFR a. Conduct studies or evaluate matters ABBOTT LABORATORIES 2.120), finds on the basis of new infor­ having a vital impact on thé Depart­ Tergemist; Notice of Withdrawal of mation evaluated together with evidence ment’s mission, objectives and accom­ available when the application was ap­ plishments, such analyses to be carried Approval of New-Drug Application proved that there is a lack of substantial out in the light of special concerns or Abbott Laboratories, 14th and Sheri­ evidence that the subject drug will have interests expressed by the Secretary; dan Road, North Chicago, HI. 60064, the effect it purports or is represented to b. Develop proposals for the consid­ holder of new-drug application No. 10- have under the conditions of use pre­ eration of the Secretary with respect to 577 and all amendments and supplements scribed, recommended, or suggested in its the future role of the Department in thereto for the drug Tergemist (sodium labeling. establishing national policies and in pro­ ethasulfate 0.125 percent and patassium Therefore, pursuant to the foregoing viding needed services in light of chang­ iodide 0.1 percent), was notified by a copy finding, approval of new-drug applica­ ing national needs; of the National Academy of Sciences- tion No. 10-577 and all amendments and c. Evaluate for the Secretary the mer­ National Research Council report and supplements thereto applying to Ter­ its of existing and proposed programs of the F ederal R egister drug efficacy gemist Mucolytic Aerosol Solution is the Department; study implementation announcement of withdrawn, effective on the date of sig­ d. Analyze at the Secretary’s request, July 17, 1968 (33 F.R. 10227), that there nature of this document. the potential effect upon the Department is a lack of substantial evidence that According, Tergemist and any similar and its programs of outside events, Tergemist will have the effect it purports preparation for human use and offered trends, proposals and other develop­ or is represented to have under the con­ for such effects will be regarded as a new ments; ditions of use prescribed, recommended, drug for which an approved new-drug e. Organize and monitor a system of or suggested in its labeling. application is not in effect and will be periodic, evaluative briefings of the Sec­ In the F ederal R egister announce­ subject to regulatory action. retary by key officials of the Department ment, the Commissioner of Food and on the status of achievement of funda­ Drugs published his intention to initiate Dated: December 1, 1969. mental program objectives, such brief­ proceedings to withdraw approval of the W inton B. R ankin, ings to highlight policy, substantive and new-drug application for Tergemist and Deputy Commissioner of managerial problems that may exist as invited Abbott Laboratories and any Food and Drugs. well as possible solutions and courses of other person who might be adversely af­ [F.R. Doc. 69-14993; Filed, Dec. 17, 1969; corrective action that may be indicated, fected by removal of the drug from the 8:46 a.m.] and manage a system whereby organiza­ market to submit any pertinent data tions of the Department regularly report within 30 days from the date of to the Secretary major improvement publication. UPJOHN CO. project plans and accomplishments; On August 13, 1968, Abbott Laborato­ f. As determined in consultation with ries representatives discussed Tergemist Notice of Withdrawal of Petition for the Assistant Secretary for Administra­ with the Food and Drug Administration Food Additives Melengestrol Ace­ tion, undertake analyses of selected pro­ and on August 16, 1968, proposed proto­ tate, Chlortetracycline gram issues from among those identified cols for definitive clinical studies of the under the Department’s PPB system, effectiveness of the drug. The applicant’s Pursuant to the provisions of the Fed­ and/or otherwise participate in the reso­ comments and proposals were reviewed. eral Food, Drug, and Cosmetic Act (sec. lution of such issues, including the dis­ By correspondence dated August 29, 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), cussion thereon with the Bureau of the 1968, and October 25, 1968, the Commis­ the following notice is issued: Budget; as assigned, organize and direct sioner of Food and Drugs informed Ab­ In accordance with § 121.52 With­ or monitor studies of such matters bott Laboratories of the review and con­ drawal of petitions without prejudice of through in-house groups, or formulate clusion that in the absence of substantial the procedural food additive regulations specifications for and monitor contract evidence of the effectiveness of Tergemist (21 CFR 121.52), The Upjohn Co., Kala­ studies dealing with these problems; the Food and Drug Administration pro­ mazoo, Mich., 49001, has withdrawn its g. Participate in the development or posed to publish a notice of opportunity petition (CP 36-956V), notice of which review of legislative proposals having for a hearing on a proposal to withdraw was published in the F ederal R egister a major impact on Commerce mission, approval of the new-drug application. of March 20, 1968 (33 F.R. 4751), pro­ objectives and programs; Abbott Laboratories continued to con­ posing that the food additive regulations h. At the request of the Assistant Sec­ duct clinical studies on the effectiveness (21 CFR Part 121, Subpart C) be retary for Administration, participate in of Tergemist. By letter of July 25, 1969, amended to provide for the safe use in formulating overall allocations of the the firm informed the Commissioner the feed of heifers of a combination drug Department’s resources, and review and that although the clinical testing pro­ containing melengestrol acetate and comment on significant program and gram was incomplete, further studies chlortetracycline for growth stimulation, budget plans; were being discontinued because a suffi­ improved feed utilization, and suppres­ i. As requested by the Secretary, re­ cient number of reports had been ob­ sion of estrus (heat); as an aid in the view reports and recommendations sub­ tained to conclude that it was imprac­ prevention of liver abscess, pneumonia,

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19830 NOTICES and shipping fever (hemorrhagic septi­ Dated at Washington, D.C., Decem­ of Air Express International Corp. would be cemia) ; and as an aid in reduction of ber 12, 1969. surrendered simultaneously with the issu­ losses due to respiratory infection (in­ ance of the new authority; and that the [seal] T homas L. W renn, tariffs of the parties would be revised accord­ fectious rhinotrachitis, shipping fever ingly.3 The Board has previously approved complex). Chief Examiner. the ownership of AEI by Wings and thus the [F.R. Doc. 69-15035; Filed, Dec. 17, 1969; applicant maintains there is no question of Dated: December 8,1969. 8:48 a.m.] restraint of competition, creation of a monop­ R. E. D uggan, oly or jeopardy to another carrier. Acting Associate Commissioner No comments or requests for a hearing have [Docket No. 21483] been filed with the Board. for Compliance. Notice of intent to dispose of the appli­ [F.R. Doc. 69-14994; Filed, Dec. 17, 1969; WINGS AND WHEELS EXPRESS, INC., cation without a hearing has been published 8:46 a.m.] AND AIR EXPRESS INTERNATIONAL in the F e d e r a l R e g i s t e r and a copy of such CORP. notice has been furnished by the Board to the Attorney General not later than 1 day Application for Approval of Merger; following such publication, both in accord­ Proposed Approval ance with section 408(b) of the Act. ATOMIC ENERGY COMMISSION Upon consideration of the application, we [Docket No. 50-24] Notice is hereby given, pursuant to the find that Wings and AEI are air carriers statutory requirements of section 408(b) within the meaning of section 408 of the Act GENERAL ELECTRIC CO. of the Federal Aviation Act of 1958, as and that the merger of the two carriers is amended, that the undersigned intends subject to that section.4 However, it has been Termination of Facility License further concluded that the transaction does to issue the attached order under dele­ not affect the control of an air carrier directly The Atomic Energy Commission has gated authority. Interested persons are engaged in the operation of aircraft in air found that the General Electric Com­ hereby afforded a period of 15 days from transportation, does not result in creating a pany Thermal Critical Assembly located the date of service within which to file monopoly and does not tend to restrain com­ in the Critical Experiment Facility Build­ comments or request a hearing with re­ petition. Furthermore, no person disclosing a ing at the Vallecitos Nuclear Center in spect to the action proposed in the order. substantial interest in the proceeding is Alameda County, Calif., has been dis­ currently requesting a hearing and it is mantled, decontaminated and disposi­ Dated at Washington, D.C., December concluded that the public interest does not tion made of component parts in accord­ 15, 1969. require a hearing. In view of the Board’s pre­ vious approval of the control of AEI by ance with the regulations of the Com-? [seal] A. M. Andrews, Wings we conclude that approval of the mission, 10 CFR, Chapter I, and in a Director, instant application is consistent with the manner not inimical to the common de­ Bureau of Operating Rights. public interest. fense and security or to the health and Issued under delegated authority. Pursuant to authority duly delegated by safety of the public. Therefore, pursuant Application of Wings and Wheels Express, the Board in the Board’s Regulations, 14 to the November 3, 1969, request by the Inc., and Air Express International Corp., CFR 385.13, it is found that the merger of licensee, Facility License No. CX-4 held for approval of merger and other relief, AEI into Wings should be approved without by the General Electric Co. is hereby Docket 21483. hearing pursuant to section 408(b) of the terminated as of December 1, 1969. Act. O r d e r o f A p p r o v a l Accordingly, it is ordered, That: Dated at Bethesda, Md., this 1st day of By joint application filed October 1, 1969, 1. The merger of AEI into Wings be and it December 1969. Wings and Wheels Express, Inc. (Wings), and hereby is approved. Air Express International Corp. (AEI), re­ Persons entitled to petition the Board for For the Atomic Energy Commission. quest the Board to disclaim jurisdiction over review of this order pursuant to the Board’s or approve without hearing pursuant to sec­ regulations, 14 CFR 385.50, may file such D onald J. S kovholt, tion 408 of the Federal Aviation Act of 1958, petitions within 5 days after the date of Acting Director, as amended (the Act), the merger of AEI service of this order. Division of Reactor Licensing. into Wings. Wings already holds all of the This order shall be effective and become outstanding stock of AEI.1 The merger will the action of the Civil Aeronautics Board [F.R. Doc. 69-14976; Filed, Dec. 17, 1969; upon expiration of the above period unless 8:45 a.m.] be accomplished by transferring all the assets of AEI to Wings, the assumption of all of within such period a petition for review is the liabilities of AEI, and the cancellation of filed, or the Board gives notice that it will all the outstanding stock of AEI, which will review this order on its own motion. cease to exist as a separate corporation. [ s e a l ] M a b e l M c C a r t , CIVIL AERONAUTICS BOARD According to the applicants the merger will Acting Secretary. have favorable tax consequences, will reduce [Docket No. 21041] [F.R. Doc. 69-15036; Filed, Dec. 17, 1969; the administrative complexity of the oper­ 8:48 a.m.] ations and will add flexibility to the conduct EMERY AIR FREIGHT CORP. of business. There will be no change in the service provided to the public except that Notice of Prehearing Conference shippers will be able to deal with one com­ pany instead of two. FARM CREDIT ADMINISTRATION Application of Emery Air Freight Corp. Included in the assets of AEI are several [Farm Credit Administration Order 733] for disclaimer of jurisdiction or approval foreign subsidiaries in France, Switzerland, under section 408 of the Federal Aviation Hong Kong, Germany, Belgium and South DEPUTY DIRECTOR, LAND BANK Act of 1958, as amended, of certain con­ Africa as well as a travel agency and a ship­ SERVICE, ET AL. trol relationships. pers agent.® AEI owns either 99 or 100 percent of the stock of these companies, which will Authority and Order of Precedence of Notice is hereby given that a prehear­ be transferred to Wings as a result of the Certain Officers To Act as Deputy ing conference in the above-entitled mat­ merger. ter is assigned to be held on January 6, On November 28, 1969, Wings filed an Governor and Director of Land Bank 1970, at 10 a.m., e.s.t., in Room 911, Uni­ amendment to the application stating that Service versal Building, 1825 Connecticut Ave­ the merged companies would operate under D ecember 11, 1969. nue N.W., Washington, D.C., before the name Wings and Wheels Express, Inc. doing business as Air Express International; 1. In the event that the Deputy Gover­ Examiner Ralph L. Wiser. that an international air freight forwarder nor and Director of Land Bank Service, In order to facilitate the conduct of authorization would be sought in that name; the conference interested parties are in­ that the present international authorization 3 The operating authorization now held by structed to submit to the examiner and Air Express International Corporation will other parties on or before December 31, 1 The acquisition of AEI by Wings was ap­be surrendered for cancellation upon the proved by Order E-25656, September 11, 1967, grant of international air freight forwarder 1969, (1) proposed statements of issues; Docket 18611. Since that time AEI has oper­ authority in the name of Wings and Wheels (2) proposed stipulations; (3) requests ated as a subsidiary of Wings. Express, Inc. doing business as Air Express for information; (4) statements of posi­ ® Wings and Wheels Express, Inc. and Air International. tions of parties; and (5) proposed pro­ Express International Corporation, Order 4 Section 408 does not differentiate between cedural dates. E-25602, August 25, 1967, Docket 18611. related and unrelated corporations.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 NOTICES 19831 Farm Credit Administration., is absent or Mr. C. D. Marshall, Chairman, Atlantic and geographic scope covered by the basic is not able to perform the duties of his Gulf/West Coast of Central America and agreement, as amended, by the addition office for any other reason, the officer Mexico Conference, 11 Broadway, New York, of ports in the State of Hawaii to the who is the highest on the following list N.Y. 10004. trade area and specifically identifies and who is available to act is hereby au­ Agreement No. 8300-9, among the par­ Alaska as not being included in the trade thorized to exercise and perform all ties to the Atlantic and Gulf/West Coast area. functions, powers, authority, and duties of Central America and Mexico Confer­ pertaining to the office of Deputy Gov­ ence amends the basic agreement by Dated: December 15, 1969. ernor arid Director of Land Bank modifying the third paragraph of the By order of the Federal Maritime Service: Preamble which presently provides that Commission. (1) George R. Burns, Deputy Director, the trade area covered by the agreement F rancis C. Hurney, Land Bank Service. shall be served either by direct move­ Secretary. (2) Carroll K. Cardwell, Chief of Ap­ ment or by transshipment via Cristobal {F.R. Doc. 69-15023; Filed, Dec. 17, 1969; praisals, Land Bank Service. and/or Balboa, C.Z., to provide for serv­ 8:48 a.m.] (3) Frank R. Hillman, Chief of Opera­ ice either by direct movement or trans­ tions, Land Bank Service. shipment (with no limitation with (4) James C. Burge, Associate Chief respect to transshipment ports). NEW YORK SHIPPING of Appraisals, Land Bank Service. ASSOCIATION, INC. 2. This order shall be effective on the Dated: December 15, 1969. above written date and supersedes Farm By order of the Federal Maritime Notice of Agreement Filed for Credit Administration Order No. 700 (29 Commission. Approval F.R. 12436). F rancis C. H urney, E. A. J aenke, Notice of agreement filed for approval Secretary. by: Governor, [F.R. Doc. 69-15022; Filed, Dec. 17, 1969; Farm Credit Administration. 8:48 a.m.] Mr. Alfred Giardino, Lorenz, Finn & Giardino, 21 West Street, New York, N.Y. [F.R. Doc. 69-15018; Filed, Dec. 17, 1969; 10006. 8:48 ajn.] PACIFIC COAST-AUSTRALASIAN Agreement No. T-2336-1 between the TARIFF BUREAU members of the New York Shipping As­ sociation (NYSA) modifies the basic FEDERAL MARITIME COMMISSION Notice of Agreement Filed agreement which provides for a tempo­ Notice is hereby given that the fol­ rary assessment formula adopted by ATLANTIC AND GULF/WEST COAST lowing agreement has been filed with NYSA to meet its obligation provided OF CENTRAL AMERICA AND MEX­ the Commission for approval pursuant for in collective bargaining agreements ICO CONFERENCE to section 15 of the Shipping Act, 1916, with the International Longshoreman’s as amended (39 Stat. 733, 75 Stat. 763, Association. The purpose of the modifi­ Notice of Agreement Filed 46 U.S.C. 814). cation is to extend the termination date Interested parties may inspect and of the temporary assessment formula Notice is hereby given that the fol­ from November 30, 1969, to December 31, lowing agreement has been filed with obtain a copy of the agreement at the Washington office of the Federal Mari­ 1969. By order served November 28, 1969, the Commission for approval pursuant in Docket No. 69-57 the Commission in­ to section 15 of the Shipping Act, 1916, time Commission, 1405 I Street NW., Room 1202, or may inspect the agree­ stituted an investigation to determine as amended (39 Stat. 733, 75 Stat. 763, whether Agreement No. T-2336 should 46 U.S.C. 814). ment at the offices of the District Man­ agers, New York, N.Y., New Orleans, La., be approved, modified or disapproved Interested parties may inspect and pursuant to section 15, Shipping Act, obtain a copy of the agreement at the and San Francisco, Calif. Comments on such agreements, including requests for 1916. Agreement No. T-2336-1 will be in­ Washington office of the Federal Mari­ cluded in Docket No. 69-57, since the time Commission, 1405 I Street NW., hearing, may be submitted to the Secre­ tary, Federal Maritime Commission, Commission’s order stated that in the Room 1202, or may inspect the agree­ event any modification of Agreements ment at the offices of the District Man­ 1405 I Street NW., Washington, D.C. 20573, within 20 days after publication No. T-2336, or further agreement estab­ agers, New York, N.Y., New Orleans, La., lishing a temporary or permanent assess­ and San Francisco, Calif. Comments on of this notice in the F ederal R egister. Any person desiring a hearing on the ment formula was filed with the Com­ such agreements, including requests for mission, such agreement would be made hearing, may be submitted to the Secre­ proposed agreement shall provide a clear subject to the investigation. tary, Federal Maritime Commission, and concise statement of the matters 1405 I Street NW., Washington, D.C. upon which they desire to adduce evi­ Dated: December 12, 1969. 20573, within 20 days after publication dence. An allegation of discrimination or By order of the Federal Maritime of this notice in the F ederal R egister. unfairness shall be accompanied by a Commission. statement describing the discrimination Any person desiring a hearing on the F rancis C. H urney, proposed agreement shall provide a clear or unfairness with particularity. If a vio­ Secretary. and concise statement of the matters lation of the Act or detriment to the commerce of the United States is alleged, [F.R. Doc. 69-15024; Filed, Dec. 17, 1969; upon which they desire to adduce evi­ 8:48 ajn] dence. An allegation of discrimination or the statement shall set forth with par­ unfairness shall be accompanied by a ticularity the acts and circumstances statement describing the discrimination said to constitute- such violation or or unfairness with particularity. If a vio­ detriment to commerce. lation of the Act or detriment to the A copy of any such statement should FEDERAL POWER COMMISSION commerce of the United States is alleged, also be forwarded to the party filing the [Docket No. E-7515] the statement shall set forth with par­ agreement (as indicated hereinafter) ticularity the acts and circumstances and the statement should indicate that NORTHERN STATES POWER CO. said to constitute such violation or this has been done. (MINNESOTA) detriment to commerce. Notice of agreement filed by: A copy of any such statement should Mr. J. R. Harper, Secretary, Pacific Coast- Notice of Application also be forwarded to the party filing the Australasian Tariff Bureau, 635 Sacramento D ecember 12, 1969. Street, San Francisco, Calif. 94111. agreement (as indicated hereinafter) Take notice that on December 8, 1969, and the statement should indicate that Agreement No. 50-19 between the Northern States Power Co. (applicant) this has been done. member lines of the Pacific Coast- filed an application pursuant to section Notice of agreement filed by: Australasian Tariff Bureau redefines the 204 of the Federal Power Act seeking an

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19832 NOTICES order authorizing the issuance of up to interconnection, all as more fully set to track the rate increase filed by its $80 million in unsecured promissory forth in the petition to amend which is supplier, United Gas Pipe Line Co. notes to commercial banks and to com­ on file with the Commission and open (United), on October 31, 1969, in Docket mercial paper dealers. to public inspection. No. RP70-13 and to become effective on Applicant is incorporated under the Applicants propose to deliver natural December 16, 1969, or such other day as laws of the State of Minnesota, and is gas on an exchange basis at four addi­ the increased rates proposed by United qualified to do business in North Dakota tional points located at the tail-gates of become effective subject to refund, or and South Dakota. It operates electric, four processing plants where Applicants otherwise.2 The proposed rate changes gas, and steam heating utilities in are common purchasers of natural gas. would increase charges for Texas Gas’ Minnesota; electric, gas, steam heating Applicants request authorization to ex­ jurisdictional sales by $5,031,437 annu­ and telephone utilities in North Dakota; pand the ability of either pipeline to ally, based upon volumes for the 12- and an electric utility in South Dakota. assist the other in the event of operating month period ended March 31, 1969, as The promissory notes to be issued by problems and/or emergencies on either adjusted. Rates would be increased the applicant to commercial banks will of the pipeline systems. under all sales rate schedules. be issued on various days in 1970, but Applicants state that since they deliver Texas Gas requests waiver of § 154.66 no note will mature more than 12 and sell natural gas under long-term (b) and (c) of the Commission’s regula­ months after date of issue or renewal. contracts to joint customers, they can, tions to permit its filing of the proposed The interest rate of such notes will be through mutual dispatching arrange­ increased rates during the suspension at the prime loan interest rate of the ments, make deliveries to the other by period of the increased rates in Docket banks in effect from time to time. delivery for the account of the other to No. RP69-41,® in order that the proposed The promissory notes issued to com­ such joint customers. increased rates may become effective co­ mercial paper dealers will be issued on Any person desiring to be heard or to incidentally with those of United. various days in 1970; no note will mature make any protest with reference to said Texas Gas states that in view of the more than 9 months after date of issue application should on or before Janu­ fact that its proposed increased rates nor will any note be extended or ary 5, 1970, file with the Federal Power were filed within 12 months from the renewed. The interest rate on such notes Commission, Washington, D.C. 20426, a date of the filing of statements A thru M, will be dependent upon the term of the petition to intervene or a protest in O and P in Docket No. RP69-41; the pro­ notes and the money market conditions accordance with the requirements of the posed rate increase is filed to compensate at the time of issuance. Commission’s rules of practice and pro­ only for an increase in the cost of pur­ The proceeds from the issuance of the cedure (18 CFR 1.8 or 1.10) and the regu­ chased gas; and there has been no mate­ notes will be used, among other things, to lations under the Natural Gas Act (18 rial change in its facilities, sales volumes finance in part the Applicant’s 1970 con­ CFR 157.10). All protests filed with the and cost of service, other than cost of struction program. Applicant estimates Commission will be considered by it in purchased gas, since the Docket No. that construction expenditures for 1970 determining the appropriate action to be RP69-41 filing, it is only required, under will total about $159 million. taken but will not serve to make the Pro­ § 154.63(b) (3) of the Commission’s regu­ Any person desiring to be heard or to testants parties to the proceeding. Any lations, to file with the Commission state­ make any protest with reference to said person wishing to become a party to a ments L, M, and N as described in application should on or before January proceeding or to participate as a party § 154.63. Texas Gas submitted statement 5,1970, file with the Federal Power Com­ in any hearing therein must file petitions L, which consists of the balance sheets as mission, Washington, D.C. 20426, peti­ to intervene in accordance with the Com­ of the beginning and end of the 12 tions or protests in accordance with the mission’s rules. months ended September 30, 1969 and requirements of the Commission’s rules G ordon M. G rant, statement M which consists of an income of practice and procedures (18 CFR 1.8 Secretary. statement for the 12 months ended Sep­ or 1.10). All protests filed with the Com­ [F.R. Doc. 69-15026; Filed, Dec. 17, 1969; tember 30,1969. Texas Gas also submitted mission will be considered by it in deter­ 8:48 a.m.] schedules setting forth the data and com­ mining the appropriate action to be taken putations from which the proposed in­ but will not serve to make the protestants creases in rates were derived. parties to the proceeding. Persons wish­ [Docket Nos. RP69-41, RP70-14] Texas Gas requests waiver of the filing ing to become parties to a proceeding or TEXAS GAS TRANSMISSION CORP. of statement N on the grounds that it to participate as a party in any hearing consists of an entire cost of service pres­ therein must file petitions to intervene, in Order Permitting Tracking of Pur­ entation which would merely duplicate accordance with the Commission’s rules. chased Gas Increase, Suspending the data which it submitted in the Docket The application is on file with the Proposed Revised Tariff Sheets No. RP69-41 filing. In lieu of statement Commission and available for public N, Texas Gas incorporates by reference inspection. Pending Effectiveness of Supplier all the exhibits, items by reference and Gordon M. G rant, Rate Increase, and Consolidating the prepared testimony which it sub­ Secretary. Proceedings mitted to the record on September 25, 1969, in Docket No. RP69-41. The com­ [F.R. Doc. 69-15025; Filed, Dec. 17, 1969; D ecember 15, 1969. pany states that it is willing to supply the 8:48 a.m.] Pipeline rates; suspension of proposed data required by statement N on a rea­ increased rates; purchased gas adjust­ sonably expeditious basis should the [Docket No. CP67-35] ment. Commission or its staff determine that Texas Gas Transmission Corp. (Texas such data are necessary. TENNESSEE GAS PIPELINE CO. AND Gas), on November 7, 1969, tendered for TRANSCONTINENTAL GAS PIPE filing in Docket No. RP70-14 proposed We will accept Texas Gas’ filing as LINE CORP. being in accord with our intention, as changes in its FPC Gas Tariff, Second expressed in our order issued August 11. Notice of Petition To Amend Revised Volume No. 1* designed solely 1969, in Docket No. RP69-41, to permit D ecember 11, 1969. 1 The proposed revised tariff sheets are as Texas Gas to track supplier rate increases follows: Tenth Revised Sheet No. 68-1; which increase the purchased gas costs Take notice that on December 8, 1969, Eleventh Revised Sheet Nos. 60-A, 68-BB, claimed by Texas Gas in that docket. Tennessee Gas Pipeline Co., a division of and 70-A; Twelfth Revised Sheet Noe. 13, 15, And by reason of the facts set forth by Tenneco Inc., Post Office Box 2511, Hous­ and 68-C; Thirteenth Revised Sheet Nos. 7, ton, Tex. 77001, and Transcontinental 9, 19, 21, 25, 27, and 71; Sixteenth Revised Gas Pipe Line Corp., 3100 Travis Street, Sheet Nos. 68-G, 68-H, 68-K, and 68-L; Nine­ 2 United, in its filing, had requested that Houston, Tex. 77001 (Applicants), filed teenth Revised Sheet Nos. 68-A, 68-B, 68-E, its proposed rates become effective on Dec. 16, in Docket No. CP67-35 a petition to and 68-F; Twentieth Revised Sheet Nos. 45, 1969. As hereinafter indicated those rates 47, 51, 79-1, and 79-J; Twenty-First Revised were suspended for 5 months to May 16,1970. amend the order of the Commission Sheet Nos. 5, 11, 23, 29, 33, 41, 49, 53, 55, 59, 3 Docket No. RP69-41 involves a general issued on October 11, 1966, to authorize 61, 63, 67, 69, 70, 73, and 74; Twenty-Second rate increase filed by Texas Gas on June 27, the delivery of natural gas on an ex­ Revised Sheet Nos. 17, 31, 35, 37, 43, 57, and 1969, which was suspended to Jan. 12, 1970, change basis at four additional points of 65; and Twenty-Third Revised Sheet No. 39. by order issued Aug. 11,1969.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 NOTICES i m : Texas Gas, as mentioned above, it is our [Docket No. CP70-148] vene is filed within the time required view that good cause exists for waiv­ herein, if the Commission on its own ing the requirement of the filing of state­ UNITED GAS PIPE LINE CO. review of the matter finds that a grant ment N. Notice of Application of the certificate is required by the pub­ However, as the increased rates pro­ lic convenience and necessity. If a peti­ posed herein are directly and entirely D ecember 12, 1969. tion for leave to intervene is timely filed, based upon the proposed rate increase of Take notice that on December 5, 1969, or if the Commission on its own motion United in Docket No. RP70-13, which was United Gas Pipe Line Co. (Applicant), believes that a formal hearing is re­ suspended to May 16, 1970, by order is­ 1500 Southwest Tower, Houston, Tex. quired, further notice of such hearing sued December 5, 1969, Texas Gas’ pro­ 77002, filed in Docket No. CP70-148 an will be duly given. posed rate filing should be suspended to application pursuant to section 7(c) of Under the procedure herein provided that same date. The proposed rate the Natural Gas Act for a certificate of for, unless otherwise advised, it will be increases have not been shown to be public convenience and necessity au­ unnecessary for Applicant to appear or justified and may be unjust, unreason­ thorizing the construction and operation be represented at the hearing. able, unduly discriminatory or preferen­ of certain natural gas facilities for the tial or otherwise unlawful. transportation of natural gas in inter­ Gordon M. Grant, In view of the fact that Texas Gas’ state commerce, all as more fully set Secretary. filing'in Docket No. RP70-14- proposes to forth in the application which is on file [F.R. Doc. 69-15028; Filed, Dec. 17, 1969; further amend its tariff which is the sub­ with the Commission and open to public 8:48 a.m.] ject of the proceedings in Docket No. inspection. RP69-41, as proposed to be amended by Applicant proposes to construct and its filing in that docket, and that the cost operate additional pipeline facilities [Docket No. AR69-1, etc.] and related data relied upon in support needed to transport increased volumes of PHILLIPS PETROLEUM CO. ET AL. of both filings is substantially the same, gas from the South Louisiana area into it is appropriate that Docket No. RP70- Applicant’s Shreveport and Jackson Order Enlarging Investigation and 14 be consolidated with the proceedings divisions, and additional facilities to Proposed Rule Making in Docket No. RP69-41 for purposes of develop further the Lake Bistineau Stor­ hearing and decision. age Field in Bossier and Bienville D ecember 15,1969. The Commission finds: Parishes, La. Area Rates—moratorium: Area rate (1) It is necessary and proper in the Applicant states that the proposed fa­ proceeding (offshore southern Louisi­ public interest and to aid in the enforce­ cilities will be used to deliver increased ana Federal domain and disputed areas), ment of the provisions of the Natural volumes of gas to distributor customers Docket No. AR69-1; Phillips Petroleum Gas Act that the proposed tariff sheets of Applicant in its Shreveport and Jack- Co. et al., Docket No. RI69-753; Hunt listed in Footnote 1, above be suspended son divisions and to deliver gas from Oil Co. et al., Docket No. RI70-72; Shell and the use thereof be deferred as herein South Louisiana into the northern part Oil Co. et al., Docket No. RI70-73; The provided. of Applicant’s system in order to supple­ California Co., Docket No. RI70-74. (2) It is necessary and proper in the ment declining supplies locally available On March 20, 1969, the Commission public interest and to aid in the enforce­ in that area. issued an order in Docket No. AR69-1 ment of the provisions of the Natural The total estimated cost of the pro­ initiating an investigation and rulemak­ Gas Act that Docket No. RP70-14 be con­ posed facilities is $29,815,000, to be ex­ ing proceeding for the purpose of deter­ solidated for hearing and decision with panded over a 3-year period and to be mining whether the just and reasonable the proceedings in Docket No. RP69-41. financed through internally generated area ceiling rates prescribed in Opinion The Commission orders: funds and short-term demand notes, and Nos. 546 and 546-A which are applicable (A) The provisions of § 154.66 (b) and ultimately by issuance of long-term debt to sales of third vintage gas-well gas (c) of the Commission’s regulations un­ securities. produced from the Federal Domain and der the Natural Gas Act are waived in Any person desiring to be heard or to disputed area offshore Southern Louisi­ order to permit the filing of the proposed make any protest with reference to said ana should be raised. We also stated that rate increase by Texas Gas. application should on or before’ Jan­ it was our purpose to determine whether (B) The requirement for the filing of uary 5, 1970, file with the Federal any such increased ceilings should be Statement N, as described in § 154.63 of Power Commission, Washington, D.C. made applicable to sales of third vintage the Commission’s regulations, is waived. 20426, a petition to intervene or a gas-well gas being made subject to re­ (C) Pending hearing and decision in protest in accordance with the re­ fund pursuant to increased rate filings Docket No. RP70-14, as consolidated quirements of the Commission’s rules authorized by Opinion No. 546-A and herein, the proposed revised tariff sheets, of practice and procedure (18 CFR whether fourth vintage area ceiling rates listed in Footnote 1 above, are suspended 1.8 or 1.10) and the regulations under should be established applicable to sales and the use thereof is deferred until the Natural Gas Act (18 CFR 157.10). All of gaswell gas from the area encompassed May 16,1970, and until such further time protests filed with the Commission will in this proceeding. Pursuant to our order, as they are made effective in the man­ be considered by it in determining the conferences were held before Examiner ner prescribed by the Natural Gas Act: appropriate action to be taken but will Martin E. Rendelman on July 8, 30, and Provided, however, That Texas Gas shall not serve to make the protestants parties 31 and August 13 and 14, 1969,1 at which not make the increase proposed herein to the proceeding. Any person wishing the parties attempted to reach agree­ effective prior to the date that the in­ to become a party to a proceeding or to ment with respect to the data to be fur­ creased rates proposed by United in Doc­ participate as a party in any hearing nished. As reported by the Examiner ket No. RP70-13 are made effective. therein must file a petition to intervene agreement could not be reached and he (D) The proceedings in Dockets Nos. in accordance with the Commission’s therefore referred the matter to the RP69-41 and RP70-14 are hereby con­ rules. Commission for resolution. solidated for purposes of hearing and Take further notice that, pursuant to The parties have filed a large number decision in the matters and issues in­ the authority contained in and subject of petitions, motions and replies in the volved therein. to the jurisdiction conferred upon the captioned dockets. Some of the petitions By the Commission. Federal Power Commission by sections 7 sought expansion of the new proceed­ and 15 of the Natural Gas Act and the ing; others looked for relief from cer­ [seal] Gordon M. G rant, Commission’s rules of practice and pro­ tain of the rate restrictions effected by Secretary. cedure, a hearing will be held without [PR. Doc. 69-15027; Filed, Dec. 17, 1969; further notice before the commission on 1 During the periods between the above 8:48 a.m.f dates approximately 18 informal conferences this application if no petition to inter­ also were held among the parties.

No. 242- S FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19834 NOTICES the decision in Docket No. AR61-2. Be­ Phase n will be confined to a review order, together with a suggested prehear­ cause the various filings were so inter­ of the just and reasonable rates for first ing order incorporating proposed stipu­ related that any resolution thereof nec­ and second vintage gas in Southern Lou­ lations and schedules. We anticipate that essarily would affect the scope and ob­ isiana. We recognize that Phase n will out of this conference will come substan­ jectives of the proceedings in Docket No. involve complex issues concerning both tial agreement on data requests, and an AR69-1, the dockets bearing on these costing and regulatory methodology. It appropriate schedule for hearings. We issues were consolidated for the purpose would appear, however, that data of the desire to have this proceeding expedited of oral argument, which was held before character previously utilized for costing in every way possible. We direct the Ex­ the Commission on October 24,1969. The of flowing gas, when coupled with the aminer to rule on data request issues at Commission has given close attention to data adduced in Phase I of the proceed­ the earliest possible-date, to issue neces­ the prehearing conference record in ing, together with pertinent trend data, sary questionnaires quickly, and to pro­ AR69-1, the various pleadings referred to may provide a basis for the review of vide for their prompt completion. The above, the answers thereto, and the rates for first and second vintage gas. Examiner should provide for the intro­ statements made at the oral argument. These matters should be explored at the duction of direct evidence by all parties, Based on our study of the foregoing, we prehearing conference and the necessary including interveners and staff, on issues have concluded that the public interest data obtained promptly. such as adequacy of supply, deliverabil­ will best be served if the proceeding in D ata R equirements ity, demand forecasts and so forth, Docket No. AR69-1 is enlarged to include indeed all evidence which does not de­ the entire geographical area of Southern The parties to the prehearing confer­ pend on the reported cost data, at an Louisiana, onshore as well as offshore, ence previously held in AR69-1 were un­ early date, and should also provide for and to provide for a review of the just able to reach agreement on the issue of rebuttal thereto. The Examiner should and reasonable rates for all vintages of the collection of data. We now proceed to further set target dates for the serving gas produced therefrom. a resolution of the disputed matters. of direct cost evidence, rebuttal thereto Insofar as the requests for a nation­ In view of our determination that the and the commencement of formal wide proceeding are concerned, we reject rates involved in this proceeding should hearings. the suggestion at this time. With the be reviewed in phases, the following spe­ The Commission finds: It is necessary exception of the Permian Basin, there is cific data will be required, in addition to and appropriate for purposes of carrying presently pending a proceeding for each the supply and demand evidence and out the provisions of the Natural Gas of the major producing areas. We think other relevant data. Act, particularly but not in limitation of that institution of second-round proceed­ Phase I. (a) Published data used in the foregoing, sections 5, 8, 10, 14, and ings in these areas, whether individually determining the nationwide current cost 16 thereof, that the investigation and or on a collective basis, should await of nonassociated gas, supplemented by proposed rulemaking heretofore insti­ resolution of all the pending cases. With such data to be furnished by the major tuted in Docket No. AR69-1 be enlarged respect to the Permian Basin, we are respondents as were developed by ques­ to encompass the entire Southern Louisi­ sympathetic-with the views expressed by tionnaire data in Docket No. AR61-2. ana area and all vintages, of gas produced a number of parties that a review of Per­ (b) Data necessary to determine the therefrom, in order to determine whether mian rates should be undertaken at the current cost of new nonassociated gas in the just and reasonable rates prescribed earliest possible time; we áre giving this the Southern Louisiana area, the data in Opinions Nos. 546 and 546-A should matter careful consideration. to be reported on a company-wide com­ be modified and whether fourth vintage We believe that a sufficient showing posite basis for the area. Producers op­ area rate ceilings should be established has been made, on the present record, to erating both on and offshore shall report applicable to gas sales from the area justify a review of the ceiling rates for their data in such a manner as to allow made under contracts dated on or after first and second vintage gas produced in the separate identification of costs in­ the final order in this proceeding. Southern Louisiana. But a sufficient curred in the Federal Domain and dis­ The Commission orders: showing has not yet been made to war­ puted area. Data shall be reported by all (A) The investigation and proposed rant an immediate change in the mora­ original AR69-1 respondents. Small pro­ rulemaking heretofore instituted in torium provisions of Opinion No. 546, as ducers operating only in onshore South­ Docket No. AR69-1 is hereby enlarged to amended in Opinion No. 546-A. The issue ern Louisiana may report their data but encompass that portion of the State of of the continued effectiveness of the will not be required to complete the Louisiana lying south of the 31° parallel, moratorium will remain open, however, questionnaire. and including all areas, both State and pending further developments in this (c) Producer data as to volumes of Federal, in the Gulf of Mexico off the proceeding, and may be given further reserves in the offshore area not con­ shore of Louisiana, and to encompass all consideration herein. tracted to interstate pipelines and data on status of shut-in gas wells. vintages of gas produced therefrom. Phasing of Hearings (d) Updated drilling cost data to be (B) All producers who have rate The expanded AR69-1, proceeding furnished by the producers. schedules on file with the Commission should be handled in two separate (e) Supply and deliverability data to for gas sales in Southern Louisiana who phases. Phase I will be confined to a re­ be furnished by the pipelines. were not previously made respondents in view of the just and reasonable rates for Phase II. Composite cost data of the Docket No. AR69-1 are listed in Appen­ nonassociated gas discovered and pro­ major respondents in the Southern dix A, and are hereby made respondents duced in Southern Louisiana and con­ Louisiana area. in this proceeding. tracted on or after October 1, 1968.2 In the interest of expediting the pro­ (C) A conference will be held on Tues­ This phase of the proceeding should ceeding we believe that data gathering day, January 27, 1970, in a hearing room include evidence with respect to the ade­ should not be phased. This is not to say of the Federal Power Commission, 441 G quacy of gas supply and adequacy of that the examiner, in the exercise of his Street NW., Washington, D.C., com­ service to consumers, the demand for judgment, may not allow the parties mencing at 10 a.m., e.s.t., between re­ gas, the cause of a gas shortage, if any, additional time within which to submit spondents, interveners, and Commission the effect of price on gas supply and certain of the -cost information, where staff concerning the issues and proce­ demand, and other relevant economic warranted. dures to be followed herein. The Chief evidence, together with data as to the Examiner or an Examiner designated by current, nationwide cost of finding and P rocedure him, shall preside at the conference here­ producing nonassociated gas. Data We shall order a prehearing conference by called. The staff is hereby directed to should also be included which are ade­ herein to take place on. Tuesday, Jan­ serve on all of the parties at least 2 weeks quate to determine the current cost of uary 27, 1970. prior to the prehearing conference, a finding and producing nonassociated gas The staff is directed to serve on all of draft of a questionnaire or questionnaires in the Federal Domain. the parties at least 2 weeks prior to the which it considers adequate to meet the cost and operating data requirements of 2 Including those contracts dated prior to prehearing conference, a draft of a ques­ Oct. 1, 1968, which under the special relief tionnaire or questionnaires which it con­ this order, together with a suggested pre- granted by Opinion 546-A axe treated as hav­ siders adequate to meet the cost and hearing order incorporating proposed ing been executed on or after Oct. 1, 1968. operating data requirements of this stipulations and schedules.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 NOTICES 19835

(D) Any person desiring to intervene Damson Exploration Corp., Hutcheson, L. B. LaCoastal Petroleum Corp. in this proceeding, not previously having and Dirks, Wayne D., d.b.a. Solatex Petro­ Lake Washington Inc. leum Co. Lameson and Bennett Inc. intervened or otherwise made a party Davis Oil Company. Landa Oil Company. hereto, may, within 30 days of the date Del Oil and Gas Corporation. ^ ^ Langton, Claude M. Trustee. of issuance of this order, file a petition Delta Drilling Company. — Lawrence Oil Incorporated. to intervene or notice of intervention as Delta Gulf Drilling Company. Levy, Nathan A., Jr. provided by § 1.8 of the rules of practice DeSpot Incorporated. Lyons and Logan. and procedure. Despot, George J. Lyons, C. H., Sr. (E) The Secretary shall cause a copy Diamond Shamrock Corporation. Lyons Petroleum. Diversa Incorporated. M.P.S. Production Co. Inc. of this order to be published in the Dixon Management Corporation. McCain, M. F. Federal R egister and served upon each Dorn and Miller Company. McCarter, W. B., Jr. of the respondents to this proceeding Dow Chemical Company. McCord, Charles T., Jr., d.b.a. McCord Oil and Upon interested State Commissions Drew Petroleum Incorporated. Company. as is provided for in § 1.19 of the Com­ Eason Oil Company. McCormick, Sanford E. mission’s rules of practice and procedure. Edgewater Oil Company Inc. McGhee, George C. El Tres Petroleum Corporation. McIntyre, T. J. By the Commission. Elsbury, Jos W„ Jr. McIntyre, T. J., d.b.a. McIntyre Oil Company. Exchange Oil Company Limited. [seal] G ordon M. G rant, McKnight, William L* d.b.a. LaGorce Oil Exchange Oil and Gas Company. Company. Secretary. Falcon Seaboard Drilling Company. McLean, Harvey. A p p e n d i x A Fidelity Oil and Royalty Company. McMoran Properties Incorporated. Fikes, Leland. McWilliams-Moffett Corporation. ADDITIONAL RESPONDENTS Frankel Oil and Gas Company. Magna Oil Corporation. Aladdin Petroleum Corporation. Franks, John. Main, Vernon J., Jr. Aladdin Producing Co., Inc. Franks Petroleum Incorporated. Marr, M. H. Alco Oil & Gas Corporation. Freeport Oil Company. Mayfield, M. L. American Natural Gas Producing Co. Gas Gathering Corporation. Mayronne, R. W„ Jr., d.b.a. Riverside Oil American Petrofina Co. of Texas. Gilger, C. C. Company. American Well Service and Salvage, Inc., and Glasscock Chaphan Incorporated. Mecom, John W. Annco Petroleum Corp. Glassell, Alfred C., Jr. Midwest Oil Corporation. Anadarko Production Company. Goodrich, H. R. Miller, Irwin. An-Son Corporation. Goodrich, Hugh. Mitchell, George and Assoc. Inc. Apache Corporation.1 Goodrich, R. H. Moore, Homer T. Aquitaine Oil Corporation. Great American Minerals Company. Mosbacher, Robert. Arnold, Agnes Cullen. Great Southern Oil and Gas Co. Inc. Nesbitt, William J. Arnold, Isaac. Great Yellowstone Corporation. Newsham, John Chauncey. Ashland Oil and Refining Company. Grigsby, Jack W. Nichlos Oil and Gas Company. Associated Oil and Gas Explor., Inc. Gruy Management Service Company. North Central Oil Corporation. Azar, Dr. Paul J. H-Tex Incorporated. O’Meara, M. P. Aztec Oil and Gas Company. Halbouty, Michel T. O’Meara, Robert W. Ballard and Cordell Corporation. Harang, Jack F. and. Occidental Petroleum Corporation. Barnwell Production Company. Johnson, Joseph A. Offshore Exploration Corporation. Bass, Perry R. Harbor Oil Company Incorporated. Ogden, Roger H. and Schneider, George W., Bass, Perry R., Incorporated. Hawkins, H. L. Jr. Bateman, Earl G., d.b.a. Bateman Drilling Hawkins, H. L. and H. L„ Jr. Oil and Gas Futures Inc. Texas. Company. Hawthorne, Hugh A. Oil and Gas Property Management Inc. Beck Oil Company. Hells Petroleum Corporation. Owen, J. P. Bel Oil Corporation. Helis, William G., Estate of. Pano Tech Exploration Corp. Belco Petroleum Corporation. Henderson, J. Harry, Jr. Peltier, Harvey. Bintliff, David C. Herrington, Mrs. Louise H. Pel-Tex Petroleum Co. Inc. Birthright Oil Company. Hester, B. M. Penton, Ruth L and Penton, D. N., d.b.a. Bluebonet Gas Corporation. Hibbert, R. E., Agent. Penton and Penton. Bradco Oil and Gas Company. Highland Resources Incorporated.* Petroleum Gas Producing Co. Bradco Properties Incorporated. Homa Oil and Gas Company. Petroleum Incorporated. Browder, Charles D., Jr. Homer, Joseph F. and Pioneer Oil and Gas Co. Inc. Brown, George R. Homer, Grace. Plaguemines Oil and Gas Co. Arnold H. Bruner and Company. Hubbard, R. E., Jr. Prentice, Robert B. William T. Burton Industries Inc. J. M. Huber Corporation. CRA Incorporated. Procter, Sterrett B. Hudson, E. J. Pubco Petroleum Corporation. P. A. Callery Incorporated. Hudson Gas and Oil Corp. Callery Properties Incorporated. Rebstock and Reeves Drilling Co. Roy M. HufBngton Inc. Robichaux, D. J., Jr. Carter, Reese E. Hunt, H. L. Cenard Oil and Gas Company. Rowe, David A. Hassie Hunt Trust. Royalite Oil Company Inc. Central Equipment Rentals, Inc. Hunt Industries. Chance, R. L., Sr. Rutherford, P. R. Hunt, Lamar. Rycade Oil Corporation. Circle Drilling Company Inc. Hunt, Lyda-Bunder Trusts. Cities Service Company. Sabinol Corporation. Hunt, Lyda-Caroline Trusts. Sands, Caroline Hunt. Clinton Oil Company. Hunt, Lyda-Herbert Trusts. Coastal States Gas Prod. Co. Secure Trusts. Cocke, W. H. Hunt, Lyda-Lamar Trusts. Sheldon, Joseph S., Jr. Cockrell, E., Jr. Hunt, Lyda-Margaret Trusts. Singer-Fleischaker Oil Co. Cole, Howard S., Jr. Hunt, William Herbert Trust. Sklar Producing Company Inc. Conover, William V. Hurley Oil and Gas. South Shore Oil and Devel. Co. Continental Inter-State Gas Co. Hurt Oil and Gas Corporation. South Texas Natural Gas Gathering Co. Cordell, J. H. Jameson, F. E. Southdown Burmah Oil Company. Couba Oil Company. Johnston, Jack M. Southdown Incorporated. Courtney, E. A. Jones, Joseph M. Southeastern Public Service Co. Cox, Edwin L. Kaplyn, T. Harry. Southern Minerals Corporation. Crow David Trustee. Kellerman, R. E. South Natural Gas Company Joint Venture. Crown Central Petroleum Corp. Kilroy Properties Inc. Southland Royalty Company. Cunningham, James M. King, A. P., Jr. Southwest Gas Producing Co. Inc. Cyprus Oil Company. King Resources Company. State Exploration Company. Dalton, W. F. Trustee. Kleinpeter, T. W. Strautberg, A. T. Damson Exploration Corp. Jack E. Koch Oil Co. Inc. Stokes, Winston L. Sword Company. Tex-Star Oil and Gas Corp. 1 Successor to Zapata Offshore Company. 2 Successor to Highland Oil Company. Texas City Refining Inc.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19836 NOTICES Texas Crude Oil Company. Any person desiring to be heard or to By Order of June 26, 1969, in Docket Texas Crude Oil Incorporated. make any protest with reference to said No. RP69-36, the Commission provided Texas Gulf Sulphur Company. application should on or before Janu­ for hearing on the issues therein, which Texas Oil and Gas Corp. Texas Petroleum Gas Company. ary 2, 1970, file with the Federal Power include the question whether a pur­ Texstar Corporation, The. Commission, Washington, D.C. 20426, a chased gas cost adjustment provision Thompson, Craft. petition to intervene or a protest in ac­ should be included in Natural’s Tariff. Toce, Paul M. cordance with the requirements of the That order; Provided, however, That J. C. Trahan Drilling Cont. Inc. commission’s rules of practice and pro­ during the pendency of that proceeding, Transocean Oil Incorporated.8 cedure (18 CFR 1.8 or 1.10) and the Natural would not be precluded from re­ Tribune Oil Corporation. regulations under the Natural Gas Act questing permission to track supplier rate Trice Production Company. (18 CFR 157.10). All protests filed with increases. The purchased gas cost adjust­ U.S. Oil of Louisiana Ltd. Valley Gas Transmission Inc. the Commission will be considered by it ment issue was not included in the first Viking Oil Corporation. in determining the appropriate action to phase of that proceeding and hearings Vincent and Welch Incorporated. be taken but will not serve to make the in the second phase have not yet com­ WSC Corporation. Protestants parties to the proceeding. menced. W. W. P. Oil Corporation. Any person wishing to become a party to Natural states that it is seeking ap­ Walker, Weir. a proceeding or to participate as a party proval of its tracking method in order Walker, Willard E. in any hearing therein must file a peti­ to avoid the necessity of a rate change Walker, W. E. and Meeker Jr. (Operators), filing to reflect supplier rate increases Warren American Oil Company. tion to intervene in accordance with the Weaver, Curt. Commission’s rules. not included in its currently pending rate Webster, C. B. Take further notice that, pursuant to increase filing in Docket No. RP69-36. Weiner, Ted. the authority contained in and subject Colorado Interstate Gas Co., one of Whipple, W. J. N. and Stall, A. H. to the jurisdiction conferred upon the Natural’s pipeline suppliers, has made a Incorporated. Federal Power Commission by sections 7 rate change filing, noticed on October 9, Whitaker, Douglas. and 15 of the Natural Gas Act and the 1969, to be effective November 18, 1969. Whites tone Petroleum Corp. Commission’s rules of practice and pro­ The Commission has suspended the in­ Wigwam Production Corp. crease until April 18, 1970. The rate Williams Brothers Company. cedure, a hearing will be held without J. E. Williams Incorporated. further notice before the Commission on changes proposed by Colorado will in­ Wilson Exploration Company. this application if no petition to inter­ crease Natural’s purchased gas cost by Woodfin, Gene M. Trustee. vene is filed within. the time required approximately $2,400,000 annually. Woods Oil and Gas Company. herein, if the Commission on its own United Gas Pipe Line Co., another of Woods Petroleum Corp. review of the matter finds that a grant of Natural’s pipeline suppliers, has also Wrightsman, Charles B. the certificate is required by the public made a rate change filing which would Marshall R. Young Oil Co. convenience and necessity. If a petition raise Natural’s costs by about $1 million [F.R. Doc. 69-15029; Piled, Dec. 17, 1969; for leave to intervene is timely filed, or per year. Certain of Natural’s other gas 8:48 a.m.] if the Commission on its own motion be­ suppliers have filed smaller increases in lieves that a formal hearing is required, rates over those rates upon which Nat­ further notice of such hearing will be ural’s rate filing in Docket No. RP69-36 [Docket No. CP70-147] duly given. were based. EL PASO NATURAL GAS CO. Under the procedure herein provided By notice issued November 17, 1969, for, unless otherwise advised, it will be herein, December 3, 1969, was set as the Notice of Application unnecessary for Applicant to appear or final date for the submission of pro­ D ecember 10, 1969. be represented at the hearing. tests or petitions to intervene in this proceeding. Petitions to intervene have Take notice that on December 4, 1969, G o r d o n M . G r a n t , Secretary. been filed by three of Natural’s custom­ El Paso Natural Gas Co. (Applicant), ers. No protests have been filed. Post Office Box 1492, El Paso, Tex. 79999, [P.R. Doc. 69-14989; Piled, Dec. 17, 1969; In general, Natural’s proposed track­ filed in Docket No. CP70-147 an applica­ 8:46 a.m.] tion pursuant to section 7(c) of the ing method provides that Natural will file Natural Gas Act for a certificate of public from time to time revised tariff sheets [Docket No. RP70-15] increasing or decreasing all rates and convenience and necessity authorizing charges under its then effective CD-I. the construction, during the calendar NATURAL GAS PIPELINE COMPANY CD-2, PL-1, G -l, G -2,1-1 and WS rate year 1970, and operation of certain nat­ OF AMERICA schedules to reflect supplier rate changes. ural gas facilities, all as more fully set Such rate changes may reflect the full forth in the application which is on file Order Authorizing the Filing of Pro­ amount of rate changes by Natural’s with the Commission and open to public posed Revised Tariff Sheets and pipeline suppliers, and may reflect up inspection. Prescribing Conditions to a net aggregate increase of 0.5 cent Applicant proposes to offset declining per Mcf per year from its other suppliers. reservoir pressures and to maintain pres­ D ecember 9, 1969. Refunds of any of the increased supplier ent delivery capability from the San Juan On November 10, 1969, Natural Gas rates relating to increases made in ac­ Basin area for the 1970-71 heating sea­ Pipeline Company of America (Natural) cordance with this procedure would be son by installing an additional maximum tendered for filing a motion by which it flowed through to its jurisdictional cus­ total of 17,000 compressor brake horse­ tomers. Revised tariff sheets submitted power and related appurtenances. Appli­ seeks Commission approval of a specific method of “tracking” increased costs of in accordance with this proposal would cant states that such horsepower will be become effective 30 days after filing. No installed at existing and new stations as gas purchased from its suppliers. Natural, change in rates would be made under this required in the San Juan Basin area, and as an alternative, tendered for filing re­ proposal until the net aggregate of in* will permit a further general reduction vised tariff sheets1 which would increase creases and decreases in the supplier in operating pressures of some 60 to 70 its jurisdictional rates by approximately rates involved would produce an increase p.s.i.a., throughout the gathering systems $4,230,000 annually as of December 10, or decrease in Natural’s rate schedule for the purpose of offsetting anticipated CD-I commodity charge of at least 0.02 further decline in reservoir pressure. 1969. cent per Mcf, (and commensurate The total estimated cost of the pro­ changes in Natural’s other rates and posed facilities will not exceed $10,500,- 1 Ninth revised sheet No. 6; third revised charges, which are calculated on the 000, and will be financed by use of work­ sheet No. 10-A; ninth revised sheet No. 12; basis of the CD-I charges). Natural’s ing funds supplemented by short-term third revised sheet No. 14-A; ninth revised sheet No. 15; fifth revised sheet No. 17; ninth right to make any rate changes under borrowings. revised sheet No. 18; tenth revised sheet No. this proposal would terminate on De­ 19-A; ninth revised sheet No. 19-B; second cember 1, 1970. Any rate changes here­ 8 Successor to J. Ray McDermott and Com­ revised sheet No. 19-E and fourth revised under would be computed as hereinafter pany, Incorporated. sheet No. 25—0. provided.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 NOTICES 19837

In the event that the use of such esti­ WS rates made pursuant to this order supplier, as computed above, less the net mated purchase volumes results in Nat­ shall reflect only those changes in the effect of the changes used in determin­ ural’s receiving revenues during the 12 cost of gas purchased by Natural from ing rates for previous filings under this months ending November 30, 1970, in fields and sources and under those PTC order, if any. In computing such changed excess of $200,000 over what would have gas rate schedules of suppliers which are rates of Natural, changes under Rate been received if actual volumes for such included: (a) in the purchased gas cost Schedules CD-I, CD-2, and PL-1 shall be period were utilized, Natural shall within computation underlying the rates filed by made to the commodity charges thereun­ 60 days from December 1, 1970, refund Natural on May 29, 1969 in Docket No. der; adjustments shall be made to all such excess to its jurisdictional custom­ RP69-36 (shown in Exhibit 69 of that other rates and charges under said Rate ers. proceeding), as amended by the increased Schedules CD-I, CD-2 and PL-1 (other As a part of its Motion filed on Novem­ purchased volumes underlying the rates than the Demand Charge) and to all ber 10, 1969, Natural submitted an alter­ in Natural’s October 31,1969, filing there­ rates and charges under Rate Schedules native notice of rate change and revised in; or (b) which are included in the pur­ G-l, G-2,1-1 and WS in such a manner tariff sheets related thereto, propos­ chased gas cost computation underlying as to retain the same rate design rela­ ing an alternative rate increase to cover any superseding rates determined in that tionship among the rates and charges un­ increased purchased gas costs, but proceeding. der such Rate Schedules as existed prior only in the event that the Commission (3) The aggregate net increase in to the subject filing.4 denied the “tracking” increase proposal. Natural’s CD-I, CD-2, and PL-1 com­ (7) Revised tariff sheets filed in ac­ In view of the fact that by this order modity charges made by filings pursuant cordance herewith shall become effective we are granting the “tracking” increase to this order to track producer rate in­ 30 days after filing or such later date as proposal motion, the alternative notice creases shall not exceed 0.5 cent per Mcf Nature proposes. of rate change and accompanying tariff per year (at 1,000 B.t.u. per cf and 14.65 (8) Natural’s filings made pursuant to sheets are now considered to have been p.s.i.a.), with equivalent increases in all this authorization shall reflect only sup­ withdrawn. other rates and charges under said Rate plier rates which are effective as of the It appears, however, that Natural’s Schedules CD-I, CD-2, and PL-1 (other date of such filings, or which will become proposal of 0.02 cent per Mcf as a mini­ than the demand charges) and in all effective pursuant to motions then on file mum rate increase filing under this au­ rates and charges under Rate Schedules with the Commission prior to the pro­ thorization would permit such frequent G-l, G-2, 1-1 and WS. No limitation posed effective date of Natural’s track­ filings that an unreasonable administra­ shall be applicable to Natural’s rate in­ ing increase. tive burden could result. Subsequent to creases tracking its pipeline suppliers’ (9) The period between rate change Natural’s filing herein, the Company in­ rate increases. filings hereunder which are based all or formed the Commission Staff that a 90- (4) No change in rates shall be made in part upon producer rate changes shall day limitation on filings, exclusive of hereunder until the net change in Nat­ be at least 90 days. This limitation shall those reflecting increases of its pipeline ural’s annualized cost of purchased not apply to Natural’s filings hereunder suppliers, would , not be inappropriate. gas under the applicable supplier rate reflecting rate increases or reductions of Accordingly, we shall herein authorize schedules referred to in paragraph (2) its pipeline suppliers. Natural to make no more than one rate above, determined as herein provided, (10) If, as a result of any order of the filing in any 90-day period except in produces an increase or decrease in Nat­ Commission which becomes final and no order to track the major rate increases ural’s Rate Schedule CD-I commodity longer subject to review, Natural shall of its pipeline suppliers which appear charge of at least 0.02 cent per Mcf (and receive refunds, including interest, under imminent. As provided in our recent or­ commensurate changes in Natural’s other any supplier rate schedule, which are ders concerning similar tracking pro­ rates and charges which are calculated applicable to increased rates collected posals, the procedure herein authorized on the basis of the CD-I charges), based thereunder which have been reflected in should also be conditioned to provide on the billing determinants upon which changes in Natural’s rates by filings that Natural may not effectuate its pro­ the rates in effect at the time when the made hereunder, Natural shall refund to posed rate increases unless and until tracking rate change is filed hereunder its jurisdictional customers, without the increased purchased gas costs re­ were based. further interest thereon, the jurisdic­ flected therein are actually being in­ (5) The annualized cost of gas pur­ tion portion of such amounts, within 30 curred. chased by Natural under each supplier days after accumulation of $200,000 or The Commission finds: Good cause rate schedule shall be determined by the more, except for the final refund which exists to grant Natural’s motion filed application of the supplier rate in effect shall be made if, but only if, the total November 10, 1969. as of the date of the filing by Natural amount remaining refundable is $50,000 The Commission orders: hereunder, or the supplier rate that will or more. (A) Pursuant to the authority of the be in effect on or before the proposed ef­ (11) If, as a result of the use of the Natural Gas Act, particularly sections 4 fective date of such filing by Natural estimated purchase and sales volumes and 14 thereof, the Commission’s rules hereunder to the volume of purchased in the computations provided for herein, of practice and procedure, and regula­ gas, relative to such supplier, which was Natural receives revenues during the 12- tions under the Natural Gas Act (18 utilized in the cost of purchased gas month period ending November 30, 1970, CFR, ch. I ) , permission is hereby granted schedule upon which Natural’s rates in from any rate increases made effective for the filing of revised tariff sheets pur­ effect at the time when the tracking rate hereunder, in excess of $200,000 over the suant to Natural’s proposed procedure change is filed hereunder, were based. revenues that Natural would have re­ as herein conditioned: (6) The amount of any net change in ceived from said rate increases during (B) The filings authorized hereby shall the annualized cost of purchased gas said period if actual purchase and sales be made on the following conditions: shall be the difference between the an­ volumes for such period had been used (1) Natural may, from time to time nualized cost of purchased gas computed in the computations, Natural shall within until December 1, 1970, file with the in accordance with the above subpara­ sixty days from December 1, 1970, re­ Commission as part of its FPC Gas Tar­ graph (5), and the amount that would fund such excess to its jurisdictional iff, Second Revised Volume No. 1, revised have been paid to such supplier, as deter­ customers. tariff sheets pursuant to this order, nec­ mined by use of the supplier rates upon (12) Natural’s rate change filings made t a r y to reflect increases, and Natural which Natural’s rates which are in effect pursuant to this authorization shall con­ shall file revised tariff sheets to reflect at the time when the tracking rate tain the following information: (a) A decreases, if any, in the rates thereunder, change is filed hereunder were based. schedule in the format of Exhibit n of based upon increases or decreases in the Natural is authorized to file and make ef­ Natural’s motion of November 10, 1969, cost of Natural’s purchased gas, com­ fective revised tariff sheets which shall herein, showing supplier rate increase puted in accordance with the following contain rates changed to reflect changes data. In addition to the information Provisions of this paragraph (B). in revenues equal to the total of the (2) Increases or decreases in Natural’s amounts of net change in the annualized 2 As shown in Exhibit 86, Docket No. RP69- CE^-l, CD-2, o -l, 0-2, PL-1, 1-1 and cost of purchased gas relative to each 36.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19838 NOTICES shown in said Exhibit II, such schedule [Project No. 2685] will proceed into the town of New Scot­ shall state the effective dates and docket POWER AUTHORITY OF THE STATE OF land where it will again cross State High­ numbers of all supplier rate increases way 85 and Onesquethaw Creek at a contained therein; (b) Information, as NEW YORK point just north of Clarksville. The line required by subparagraph (a) above, Notice of Application for Approval of will then extend to the south of Vly Creek showing all known rate decreases of Nat­ Reservoir. Once past the reservoir, the ural’s suppliers which will become effec­ Exhibits for Proposed Project Trans­ line will meet and parallel an existing tive on or before the proposed effective mission Lines Niagara Mohawk Power Co. transmission date of Natural’s tracking rate change; D ecember 11, 1969. line on a contiguous right-of-way and and (c) A complete showing of all billing Public notice is hereby given that ap­ the project line will continue to its termi­ units and computations utilized in ar­ plication has been submitted by Power nus at the existing New Scotland Sub­ riving at Natural’s proposed rates. Authority of the State of New York, station which is located between New (C) The issuance of this order and licensee for Project No. 2685 (corres­ Scotland South Road and the Penn Cen­ pondence to W. S. Chapin, General Man­ tral Railroad approximately 1 mile approval of the tracking increase proce­ ager, Power Authority of the State of northwest of Unionville. dure set forth herein does not preclude New York, 10 Columbus Circle, New York, Natural from prosecuting its application N.Y. 10019), pursuant to Article 34 of the Gilboa-F raser Line for inclusion of a purchased gas adjust­ license for approval of Exhibits J, K, and This line will leave the project in a ment provision in its tariff to be effective M relating to the three 345 kv. transmis­ southwesterly direction through the town sion lines included in the license and to of Gilboa in Schoharie County where it on or after December 1,1970. be constructed as parts of the project. will cross Schoharie Creek and State (D) As a condition of this order, This project, known as the Blenheim- Highway 30 several hundred feet north Natural shall execute and file in tripli­ Giboa Pumped-Storage Project, will be of the intersection of that highway with cate with the Secretary of this Commis­ located along the middle reaches of Comity Highway 13. The line will con­ sion within twenty (20) days of the date Schoharie Creek in the towns of Blen­ tinue in a southwesterly direction across of this order, its written agreement and heim and Gilboa, Schoharie County, N.Y., County Highway 14, Bear Kill Creek, the undertaking to comply with the terms of some 40 miles southwest of Albany, N.Y. tracks of the Penn Central Railroad and The licensee is requesting approval of State Highway 23, all located in the vicin­ subparagraphs (B) (10) and (B) (11) specific exhibits showing the design and ity of the Schoharie and Delaware hereof, signed by a responsible officer of location of the three project lines. All County lines. The line will cross a por­ the corporation, evidenced by proper three lines will originate at the project tion of the town of Roxbury and con­ authority from its Board of Directors, switchyard adjacent to the powerplant. tinue into the town of Stamford, both of and accompanied by a certificate showing One line will extend to the existing New which are located in Delaware County. service of copies thereof upon all pur­ Scotland Substation of Niagara Mohawk The line will extend south of McGregor Power Corp., located at a point southwest Mountain and pass midway between chasers under the tariff sheets involved of Albany; the second will extend to that McGregor Mountain and the Moresville and upon all parties of record in this company’s Leeds Substation to be con­ Mountain Range. The line will then turn proceeding, as follows: structed near Catskill; and the third will in a more southerly direction, across Agreement and undertaking of Natural Gas extend to New York State Electric & Gas Town Brook and will pass south of Pipeline Company of America to comply with Corp.’s Fraser Substation to be con­ Cowan Mountain in the vicinity of Nar­ the terms and conditions of subparagraphs structed near Delhi. The exhibits and row Notch. The line will continue in a (B) (10) and (B )(ll) of the Federal Power other information submitted by the li­ southwesterly direction through the Commission order issued December____ _, censee describe the three lines as follows: town of Bovina south of Mount Warren, 1969, in Docket No. RP70-15. across Brush Brook north of Bovina Cen­ In conformity with the requirements of the G ilboa-N ew S cotland Line ter, and will extend into the town of order issued December_____ , 1969, in Docket This line will leave the project in a Delhi where it will cross the Little Dela­ No. RP70-15, Natural Gas Pipeline Company ware River and State Highway 28. After of America hereby agrees and undertakes to northeasterly direction through the town comply with the terms and conditions of sub- of Gilboa in Schoharie County and will crossing Arbuckle Hollow Creek, the line paragraphs (B)(10), and (B) (11) of said pass between Brown Mountain and Reed will turn in a northwesterly direction to order and has caused this agreement and Hill. The line will continue to the north pass south of Scotch Mountain and cross undertaking to be executed and sealed in its of Mackey, crossing County Highway 53 Holmes Hollow Brook, where it will turn name by its officer, thereupon duly author­ before shifting to a more easterly direc­ to the northwest and extend to the site ized in accordance with the terms of the tion, where it will cross Keyzer Kill of the proposed Fraser Substation to be resolution of its Board of Directors, a certified Creek, County Highway 17 and extend located west of State Highway 10, 1 mile copy of which is appended hereto, th is _____ into the town of Broome. The line will north of the village of Fraser, near the day o f ______1969. continue in a northeasterly direction West Branch Delaware River. N a t u r a l G a s P i p e l i n e C o m p a n y through the town of Broome, across Cat- G ilboa-Leeds Line o f A m e r ic a skill Creek and State Highway 145, where in a By------it will enter the Town of Rensselaerville This line will leave the project in Albany County. Triangle Lake lies southeasterly direction through the ATTEST: about 2,500 feet south of the point where towns of Gilboa and Conesville in Scho­ the line will cross County Highways 12 harie County and will pass between Secretary and 10. The line will turn slightly in an Brown Mountain and Reed Hill. The line easterly direction and run parallel to will cross Platter Kill, County Highway (E) The alternative notice of rateand just south of the Berne-Rensselaer- 59, Bear Kill, County Highway 18, Manor change and revised tariff sheets related ville town line. After crossing County Kill, and County Highway 3 and will pass thereto which Natural submitted as a Highway 6, the line will extend into the about 3,000 feet north of Steenburg part of its motion filed on November 10, town of Westerlo and run parallel to Mountain. The line will then proceed in and just south of the Beme-Westerlo a more southeasterly direction, extend­ 1969, are hereby deemed to have been town line. The line will cross County ing into the town of Durham in Greene withdrawn. Highways 408, 1, and 2 and pass about County to a point about 3,000 feet north By the Commission. midway between South Berne and Lake of Mount Pisgah. The line will extend Onderdonk. After turning slightly to the in a southeasterly course and pass north [seal] G ordon M. Grant, north, the line will extend into the town of Comwallville and will cross Corn­ Secretary. of Berne where it will cross County High­ wallville Creek, Thorp Creek and County [F.R. Doc. 69-14987; Filed, Dec. 17, 1969; ways 14 and 11 and State Highway 85 Highway 20. The line then will pass south 8:46 a.m.] just north of Braman Comers. The line of East Durham and will cross Bowery

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 NOTICES 19839

Creek and State Highway 145. The line datum) the reservoir would have an area concerned, and the convenience and will then turn more easterly and ex­ of about 2,350 acres. According to the needs of the community to be served. tend into the town of Cairo in Greene application, the reservoir would provide Not later than thirty (30) days after County where it will cross Catskill Creek, for public fishing, camping, picknicking, the publication of this notice in the State Highway 32 and County Highway and boating, public access routes and a F ederal R egister, comments and views 41. The line will continue through boat ramp. An additional boat ramp and regarding the proposed acquisition may Greene County across County Highway possible development of swimming be filed with the Board. Communications 67 and extend through the Potic Moun­ beaches, hiking and horseback riding should be addressed to the Secretary, tain Range. The line will extend across trails are planned for the future as the Board of Governors of the Federal Re­ County Highway 49, the New York Thru­ need arises. serve System, Washington, D.C. 20551. way (Interstate Route 87), and U.S. Any person desiring to be heard or to The application may be inspected at the Highway 9W before turning east to its make any protest with reference to said office of the Board of Governors or the terminus at the site of the proposed Leeds application should on or before Febru­ Federal Reserve Bank of Kansas City. Substation to be located in the town of ary 10, 1970, file with the Federal Power Dated at Washington, D.C., this 12th Athens, 2 miles west of the Hudson River Commission, Washington, D.C. 20426, day of December 1969. and 2 miles north of Catskill. petitions to intervene or protests in ac­ Any person desiring to be heard or to cordance with the requirements of the By order of the Board of Governors. make any protest with reference to said Commission’s rules of practice and pro­ [seal] R obert P. F orrestal, application should on or before February cedure (18 CFR 1.8 or 1.10). All pro­ Assistant Secretary. 6,1970, file with the Federal Power Com­ tests filed with the Commission will be considered by it in determining the ap­ [F.R. Doc. 69-14991; Filed, Dec. 17, 1969; mission, Washington, D.C. 20426, peti­ 8:46 ajn.] tions to intervene or protests in accord­ propriate action to be taken but will not ance with the requirements of the Com­ serve to make the protestants parties to UNITED CALIFORNIA BANK mission’s rules of practice and procedure a proceeding. Persons wishing to become (18 CFR 1.8 or 1.10). All protests filed parties or to participate as a party in any Order Approving Merger of Banks with the Commission will be considered hearing therein must file petitions to in­ In the matter of the application of by it in determining the appropriate ac­ tervene in accordance with the Commis­ United California Bank for approval of tion to be taken but will not serve sion’s rules. The application is on file merger with El Dorado State Bank. tb make the protestants parties to the with the Commission and available for There has come before the Board of proceeding. Persons wishing to become public inspection. Governors, pursuant to the Bank Merger parties to a proceeding or to participate G ordon M. G rant, Act (12 U.S.C. 1828(c)), an application as a party in any hearing therein must Secretary. by United California Bank, Los Angeles, file petitions to intervene in accordance [F.R. Doc. 69-14990; Filed, Dec. 17, 1969; Calif., a State member bank of the Fed­ with the Commission’s rules. The appli­ 8:46 a.m.] eral Reserve System, for the Board’s cation is on file with the Oommssion and prior approval of the merger of that bank available for public inspection. and El Dorado State Bank, Napa, Calif., G ordon M. G rant, under the charter and name of United Secretary. FEDERAL RESERVE SYSTEM California Bank. As an incident to the merger, the office of El Dorado State [P. R. Doc. 69-14988; Filed, Dec. 17, 1969; COMMERCE BANCSHARES, INC. Bank would become a branch of the re­ 8:46 a.m.] sulting bank. Notice of the proposed Notice of Application for Approval of merger, in form approved by the Board, [Project No. 2113] Acquisition of Shares of Bank has been published pursuant to said Act. Upon consideration of all relevant WISCONSIN VALLEY IMPROVEMENT Notice is hereby given that application has been made, pursuant to section 3(a) material in the light of the factors set CO. of the Bank Holding Company Act of forth in said Act, including reports fur­ 1956 (12 U.S.C. 1842(a)), by Commerce nished by the Comptroller of the Cur­ Notice of Application for Amendment rency, the Federal Deposit Insurance of License for Constructed Project Bancshares, Inc., which is a bank holding company located in Kansas City, Mo., for Corporation, and the Attorney General D ecember 11, 1969. on the competitive factors involved in prior approval of the acquisition of more the proposed merger, Public notice is hereby given that ap­ than 80 percent of the voting shares of It is hereby ordered, for the reasons plication for amendment of license has Tipton Farmers Bank, Tipton, Mo. set forth in the Board’s statement1 of been filed under the Federal Power Act Section 3(c) of the Act provides that this date, that said application be and (16 U.S.C. 791a-825r) by Wisconsin the Board shall not approve: hereby is approved: Provided, That said Valley Improvement Co. (correspond­ (1) Any acquisition or merger or con­ merger shall not be consummated (a) ence to: R. C. Wylie, Vice President solidation under section 3 which would before the 30th calendar day following and General Manager, Wisconsin Valley result in a monopoly, or which would be the date of this order or (b) later than Improvement Co., Post Office Box 988, in furtherance of any combination or 3 months after the date of this order Wausau, Wis. 54401), for constructed conspiracy to monopolize or to attempt unless such period is extended for good Project No. 2113, located on the Wiscon­ to monopolize the business of banking in cause by the Board or by the Federal sin River and tributaries thereof in the any part of the United States, or Reserve Bank of San Francisco pursuant State of Wisconsin. (2) Any other proposed acquisition or to delegated authority. The application seeks approval to con­ merger or consolidation under section struct the New Wood reservoir (to be lo­ 3 whose effect in any section of the Dated at Washington, D.C., this 11th cated in Lincoln County near Merrill and country may be substantially to lessen day of December 1969. Tomahawk) to augment the licensee’s competition, or to tend to create a mo­ By order of the Board of Governors.2 nopoly, or which in any other manner Present system of 21 dams and reservoirs [seal] R obert P. F orrestal, along the Wisconsin River and its tribu­ would be in restraint of trade, unless the Assistant Secretary. taries which store water for such pur­ Board finds that the anticompetitive ef­ poses as downstream power production, fects of the proposed transaction are [F.R. Doc. 69-14992; Filed, Dec. 17, 1969; uood control, navigation, pollution clearly outweighed in the public interest 8:46 ajn.] abatement, and public recreation. The by the probable effect of the transaction 1 Filed as part of the original document. Proposed New Wood development would in meeting the convenience and needs Copies available upon request to the Board consist of an earthen dam about 2,200* of the community to be served. of Governors of the Federal Reserve System, leet long and 28 feet high with a con- Washington, D.C. 20551, or to the Federal Section 3(c) further provides that, in Reserve Bank of San Francisco. rete outlet structure and a reservoir every case, the Board shall take into 2 Voting for this action: Chairman Martin with 17,900 acre-feet of active storage consideration the financial and mana­ and Governors Robertson, Mitchell, Daane, apacity. At normal maximum pool ele­ gerial resources and future prospects of and Brimmer. Absent and not voting: Gov­ ction, 1,457 feet MSL (U.S.C. and G.S. the company or companies and the banks ernors Maisel and Sherrill.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19840 NOTICES with the guidelines set forth in this FEDERAL TRADE COMMISSION statement. SECURITIES AND EXCHANGE Should a subsequent investigation dis­ USE AND ADVERTISING OF COUPONS close that such changes have not been ENCLOSED IN PACKAGES OF CON­ COMMISSION made, and the relevant facts show there [File No. 500-1] SUMER PRODUCTS is a violation of law, the Commission will LES STUDS CORP. Enforcement Policy move within the scope of its jurisdiction and remedial powers to correct the il­ Order Suspending Trading Hie Federal Trade Commission has legality. Where it. is shown that a particu­ recently been alerted to certain unfair lar company has engaged in illegal acts D ecember 11, 1969. practices in the use and advertising of and practices, it will not be a defense or It appearing to the Securities and Ex­ coupons enclosed in packages of con­ justification to show that other com­ change Commission that the summary sumer products. Many manufacturers panies are also engaged in similar suspension of trading in the common have been placing unreasonably short activities. stock of Les Studs Corp. and all other expiration dates upon the coupons en­ The Commission recognizes that this securities of Les Studs Corp. being traded closed in packages, with the result that statement of enforcement policy is otherwise than on a national securities the coupons have already expired when necessarily cast in general terms and exchange is required in the public inter­ the product is bought and the package that questions may arise concerning its est and for the protection of investors; opened by the consumer. Consumers are application to particular cases. The It is ordered, Pursuant to section 15 (c) thus induced~^to buy a product only Commission’s Bureau of Industry Guid­ (5) of the Securities Exchange Act of to find that the enclosed coupon is ance will be available to advise and assist 1934, that trading in such securities' worthless. industry members to conform their otherwise than on a national securities Many manufacturers have also failed practices to the guides set forth in this exchange be summarily suspended, this to disclose on labels and in advertising statement. order to be effective for the period De­ that the coupon enclosed in the package Approved: November 26, 1969. cember 11, 1969, through December 20, has certain other limitations—for exam­ 1969, both dates inclusive. By direction of the Commission. ple, that it is good only for a price re­ By the Commission. duction on the next purchase of the item [seal] Joseph W. S hea, being sold, or that it is good only for a Secretary. [seal] Orval L. D uBois, price reduction on the future purchase Secretary. [F.R. Doc. 69-15017; Filed, Dec. 17, 1969; of a different product. While the coupons 8:48 a.m.] [F.R. Doc. 69-15003; Filed, Dec. 17, 1989; have been so limited, the label and ad­ 8:47 a.m.] vertising have contained only such bare description as “a valuable coupon en­ closed” or “a 50$ coupon inside”. Thus, PUTNAM INVESTMENT PROGRAMS the consumer may be induced to buy the OFFICE OF EMERGENCY FOR THE ACCUMULATION OF product in the expectation that he will SHARES OF THE PUTNAM GROWTH have some definite use for the coupon, PREPAREDNESS FUND ET AL. only to find later that the coupon is valu­ able on the purchase of an item he has IOWA Notice of Application for Approval of no use for. It is an unfair practice to Amendment to Major Disaster Offer of Exchange entice consumers to buy a product by an alluring reference, on the labeL or in Declaration of August 14, 1969 D ecember 11, 1969. advertising, to a coupon that is enclosed The first paragraph of the Major Dis­ In the matter of Putnam Investment withouiralso giving the facts necessary aster Declaration for the State of Iowa Programs for the accumulation of shares for a consumer to know whether that dated August 14, 1969, notice of which of the Putnam Growth Fund, Putnam In­ coupon will actually be of value to him. was published on August 22, 1969 (34 vestment Programs for the accumulation The Commission believes that manu­ f :r . 13570), is amended to read as of shares of the George Putnam Fund of facturers, distributors* and advertising follows: Boston, Putnam Investment Programs agents should take the following action I have determined that the damages in for the accumulation of shares of Put­ to correct immediately such practices, or those areas of the State of. Iowa adversely nam Vista Fund, Inc., the Putnam Pro­ similar practices. First, coupons enclosed affected by severe storms, heavy rains, and grams Corp., Putnam Fund Distributors, in consumer products must contain no flooding beginning on or about June 25, Inc., and Mutual Fund Associates, Inc:, expiration date; or if one is deemed 1969, are of sufficient severity and magnitude 26Er Franklin Street, Boston, Mass. 02110. to warrant a major disaster declaration under necessary, it must be such as to allow Public Law 81—875. I, therefore, declare that Notice is hereby given that Putnam purchasers of the product at least 6 such a major disaster exists in Iowa. Investment Programs for the accuxnular months for redemption. Second, manu­ tion. of shares of the Putnam Growth facturers who choose to state on labels The change in the description of the Fund ("“GrowthPrograms”) , FUtnam In­ or in advertising that a coupon is en­ disaster permits Federal assistance to vestment Programs for the accumulation closed in the consumer product, must cover damages resulting from wind and of shares of the George Putnam Fund clearly and conspicuously disclose in severe storms at the time of the flooding. of Boston (“George Programs”) , Putnam conjunction therewith all the material The Notice of Major Disaster is Investment Programs for the accumula­ terms, conditions, and limitations of the further amended to include the following tion of shares of Putnam Vista Fund, Inc., coupon—for example, that it is valuable county among those counties determined (“Vista Programs”) , all of which are reg­ only in obtaining a reduction on the to have been adversely affected by the istered as unit investment trusts under next purchase of the same item, or on catastrophe declared a major disaster the Investment Company Act of 1940 the purchase of a different size of that by the President in his declaration of (“Act”) (hereinafter collectively the same product, or on the purchase of a August 14,1969: “Trusts”) , The Putnam Programs Corp. different product altogether. The coqnty of: (“PPC”) , Putnam Fund Distributors, Inc. The Commission believes that each Worth. (“Distributors”) and Mutual Fund Asso­ manufacturer and distributor of prod­ ciates, Inc. (“MFA”), (hereinafter all of ucts using enclosed coupons should Dated: December 11,1969. the foregoing collectively “Applicants”) carefully review its advertising, labels, have filed an application pursuant to sec­ and coupons and determine whether it is G. A. Lincoln, tions 11(a) and 11(c) of the Act for ap­ complying with the guidelines set forth Director, proval of an offer of exchange described in this statement. The Commission ex­ Office of Emergency Preparedness. below. All interested persons are referred pects that any new promotions instituted [F.R. Doc. 69-15001; Filed, Dec. 17, 1969; to the application on file with the Com­ after January 1, 1970, will fully comply 8:47 a.m.] mission for a statement of Applicants’

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 NOTICES 19841 representations which are summarized tive of the basis of exchange to any type riod of 15 days for that purpose. SBA below. of offer of exchange of the securities of received no comments. The Putnam Growth Fund, The a registered unit investment trust for Notice is hereby given that SBA ac­ George Putnam Fund of Boston and Put­ the securities of any other investment cepted on December 2, 1969, the sur­ nam Vista Fund, Inc. (the “Funds”), the company. render of the license issued to Alabama shares of which are respectively the un­ In the opinion of Applicants the grant­ Capital, Inc., Huntsville, Ala. Accord­ derlying investment for the above named ing of the application and approval of ingly, the corporation no longer is Trusts are all open-end management in­ the terms of the offer of exchange under licensed to operate as a small business vestment companies registered under the section 11(a) and 11(c) by the Commis­ investment company. Act. PPC is the sponsor-depositor for the sion is necessary or appropriate in the For SBA. Trusts; Distributors and MFA are the public interest and consistent with the principal underwriters for the Trusts and protection of investors and the purposes Dated: December 10, 1969. Funds. fairly intended by the policy and provi­ J ames T. Phelan, Each of the Funds has a different in­ sion of the Act. Acting Associate vestment objective. Shareholders of each Notice is further given that any in­ Administrator for Investment. of the Funds are permitted, on proper terested person may, not later than [F.R. Doc. 69-15005; Piled, Dec. 17, 1969; application and the payment of a single January 2, 1970, at 5:30 p.m., submit to 8:47 a.m.] transaction service charge of $5, to ex­ the Commission in writing a request for a change at net value their shares of one hearing on the matter accompanied by of the Funds for shares equivalent in the a statement as to the nature of his in­ CANAVERAL CAPITAL CORP. then dollar value of another of the terest, the reason for such request and Funds. Applicants represent that it is the issues of fact or law proposed to be Approval of Application for Transfer desirable for the holders of Program controverted, or he may request that he of Control of Licensed Small Busi­ Certificates of the Trusts also to be able be notified if the Commission shall order ness Investment Company to transfer their investment from one of a hearing thereon. Any such communi­ the Trusts to another of the Trusts when cation should be addressed: Secretary, On October 15, 1969, a notice of appli­ their investment needs and desires Securities and Exchange Commission, cation for transfer of control was pub­ change, without suffering a second impo­ Washington, D.C. 20549. A copy of such lished in the F ederal R egister (34 F.R. sition of the sales and other charges to request shall be served personally or by 15857) stating that an application had the extent that they have already been mail (airmail if the person being served been filed with the Small Business Ad­ prepaid and without suffering any dimi­ is located more than 500 miles from the ministration (SBA) pursuant to § 107.- nution in the rights and privileges point of mailing) upon Applicants at ad­ 701 of the regulations governing small granted to holders of Program Cer­ dress stated above. Proof of such service business investment companies (13 CFR tificates. (by affidavit or in case of an attorney at Part 107; 33 FR 326) for transfer of con­ It is proposed, therefore, that each of law by certificate) shall be filed contem­ trol of Canaveral Capital Corp., 301 the Trusts offer to the holders of the poraneously with the request. At any Third Avenue, Brooklyn, N.Y. 11215, Li­ other Trusts an opportunity whereby, time after said date, as provided by Rule cense No. 02/05-0068, a Federal Licensee upon payment of a single transaction 0-5 of the rules and regulations promul­ under the Small Business Investment Act service charge of $5, an investment in one gated under the Act, an order disposing of 1958, as amended. Trust might be liquidated at the net asset of the application herein may be issued Interested persons were given until value thereof and the proceeds reinvested by the Commission upon the basis of the October 25, 1969, to send their written in another Trust at net asset value with­ information stated in said application, comments to SBA. No comments were out imposition of a second sales charge to unless an order for hearing upon said received. the extent that it has already been pre­ application shall be issued upon request Having considered the application and paid. Applicants allege that type for type, or upon the Commission’s own motion. all other pertinent information and facts the Trusts are substantially the same. Persons who request a hearing or ad­ with regard thereto, SBA hereby ap­ The rights, privileges, sales, and creation vice as to whether a hearing is ordered, proves the application for transfer of charges, life insurance premium charges, will receive notice of further develop­ control of Canaveral Capital Corp. fixed periodic custodian fees and other ments in this matter, including the date Dated: December 4, 1969. applicable charges are alike for all of of the hearing (if ordered) and any A. H. S inger, the Trusts. State Street Bank and Trust postponements thereof. Associate Administrator Co. is custodian for each Trust and per­ For the Commission (pursuant to dele­ for Investment. forms identical functions for each. gated authority). The offer of exchange privilege is to [P.R. Doc. 69-15006; Piled, Dec. 17, 1969; be made by a uniform offer disclosed in [seal] Orval L. D uB ois, 8:47 aon.] the prospectuses of the Trusts which of­ Secretary. fer sets forth the mechanics by which [PR. Doc. 69-15004; Piled, Dec. 17, 1969; the exchange is effected as well as the 8:47 a.m.] MIDWESTERN AREA AND OFFICES conditions, costs, consequences, and in­ THEREIN vestment considerations relating to the exchange. Notice of Redesignation Section 11(a) of the Act provides that SMALL BUSINESS Notice is hereby given that the desig­ it shall be unlawful for any registered nation “Midwestern Area” is changed to open-end company or any principal un­ “Midwestern Region (Region V).” The derwriter for such company to make or ADMINISTRATION Midwestern Area Office also is hereby cause to be made an offer to the holder [License 05/05-0094] redesignated as the Midwestern Regional of a security of such company or of any Office. The regional offices under the other open-end investment company to ALABAMA CAPITAL, INC. former Midwestern Area Office are now exchange his security for a security in under the jurisdiction of the Midwestern the same or another such company on Notice of Surrender of License Regional Office and are redesignated as ar>y basis other than the relative net By notice published November 13,1969, district offices. asset values of the respective securities in the F ederal R egister (34 F.R. 18206), to be exchanged, unless the terms of the Effective Date: December 8, 1969. offer have first been submitted to and the Small Business Administration Hilary Sandoval, Jr., approved by the Commission. Section 11 (SBA) invited comments regarding the Administrator. 'C) provides that the provisions of sub­ pending request of Alabama Capital, Inc., [P.R. Doc. 69-15008; Filed, Dec. 17, 1969; section (a) shall be applicable irrespec­ to surrender its license, allowing a pe­ 8:47 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 No. 242----- 7 19842 NOTICES

[Delegation of Authority 30-B] limitations to a community emergency as the nonjudicial liquidation of loans, and set forth in section 120.2(e) of SBA Loan (b) acquired property. REGIONAL DIRECTOR, MIDWESTERN Policy Regulations. e. Except: (a) to sell any primary REGION B. Community Economic Development obligation or other evidence of indebted­ Program. 1. To approve or decline section ness owed to the Agency for a sum less Delegation of Authority To Conduct 501 State development company loans than the total amount due thereon; and Program Activities in the Field Offices without dollar limitation and section 502 (b) to deny liability of the Small Busi­ Pursuant to the authority vested in local development company loans up to ness Administration under the terms of the Administrator by the Small Business $350,000 (SBA share). a participation or guaranty agreement, Act, 72 Stat. 384, as amended; the Small 2. To extend the disbursement period or the assertion of a claim for recovery Business Investment Ac^ of 1958, 72'Stat. on sections 501 and 502 loan authoriza­ from a participating bank under any 689, as amended; title IV of the Eco­ tions or undisbursed portions of sections alleged violation of a participation or nomic Opportunity Act of 1964, 78 Stat. 501 and 502 loans. guaranty agreement. 526, as amended; and the Disaster Relief 3. To execute sections 501 and 502 2. To take all necessary action in Act of 1969, 83 Stat. 125, the following loan authorizations for Central Office ap­ liquidating Economic Development Ad­ authority is hereby delegated; proved loans and for loans approved un­ ministration (EDA) loans which are not 1. Regional Director, Midwestern Re­ der delegated authority, said execution to classified as in litigation and acquired gion (Region V) —A. Financing Program. read, as follows: collateral, when and as authorized by 1. To approve or decline business loans (Name), Administrator, EDA. not exceeding $350,000 (SBA'share) and By: ------3. To service claims arising under all (Name) lease insurance policies issued in the economic opportunity loans not exceed­ Regional Director ing $25,000 (SBA share). region, approving the payment, or recom­ 2. To approve or decline disaster di­ 4. To cancel, reinstate, modify, and mending denial of such claims. rect and immediate participation loans amend authorizations for sections 501 4. To take all actions necessary to up to the total SBA share of (a) $50,000 and 502 loans. mitigate losses from lease guarantees. per household for repairs or replacement 5. To enter into section 502 loan par­ D. Procurement and Management of the home and/or not to exceed an ticipation agreements with banks. Assistance Program. **1. To approve additional $10,000 allowable for house­ 6. To approve or decline applications applications for Certificates of Com­ hold goods and personal items, but in no for the direct guarantee of payment of petency up to but not exceeding $250,000 event may the money loaned for physi­ rent not to exceed $1 million. bid value received from small business cal loss or damage exceed $55,000 for a 7. To issue and modify commitment concerns which are located within the single disaster on home loans, except letters, said issuance to read as follows: geographical jurisdiction of his regional for funds to refinance prior liens or (Name) , Administrator, office, with the exception of rereferred mortgages, which may be approved in By: ___— ------, ------cases. addition to the foregoing limits for (Name) * *2. To deny an application for a amounts up to $50,000; and (b) $500,000 Regional Director Certificate of Competency when the regional director agrees with an adverse on disaster business loans except to the 8. To disburse approved EDA loans, as extent of refinancing of a previous SBA survey report as to production or credit, authorized. unless application for an SBA loan is disaster loan; and to approve disaster C. Loan Administration Program. guaranteed loans up to $1 million, and being filed, which, if approved, might 1. To take all necessary actions in con­ change the credit aspects of the case. to decline them in any amount. nection with the administration, servic­ E. Administrative. 1. To purchase re­ 3. To enter into business, economic op­ ing, collection, and liquidation of all portunity and disaster loan participation productions of loan documents, charge­ loans, with the exception of those loans able to the revolving fund, requested by agreements with banks. classified as in litigation; and to do and 4. To execute loan authorizations for United States Attorneys in foreclosure perform and to assent to the doing and cases. Central Office approved loans and for performance of, all and every act and 2. To (a) purchase office supplies and loans approved under delegated author­ thing requisite and proper to effectuate ity, said execution to read as follows: equipment, including office machines and the granted powers, including without rent regular office equipment and fur­ (Name), Administrator, limiting the generality of the foregoing. nishings; (b) contract for repair and B y ------a. The assignment, endorsement, maintenance of equipment and furnish­ (Name) transfer, and delivery (but in all cases Regional Director ings; (c) contract for services required without representation, recourse, or war­ in setting up and dismantling and mov­ 5. To cancel, reinstate, modify, and ranty) of notes, claims, bonds, deben­ ing SBA exhibits and; (d) issue Govern­ amend authorizations for business, eco­ tures, mortgages, deeds of trust, ment bills of lading. nomic opportunity, and disaster loans. contracts, patents and applications 3. In connection with the establish­ 6. To extend the disbursement period therefor, licenses, certificates of stock ment of disaster loan offices, to obligate on all loan authorizations or undisbursed and of deposit, and any other liens, pow­ Small Business Administration to re­ portions of loans. ers, rights, charges on and interest in or imburse General Services Administration 7. To approve service charges by par­ to property of any kind, legal and equi­ for the rental of office space. ticipating banks not to exceed 2 percent table, now or hereafter held by the 4. To rent motor vehicles from the per annum on the outstanding principal Small Business Administration or its Ad­ General Services Administration and to balance of construction loans and loans ministrator, except as to loans classified rent garage space for the storage of such involving accounts receivable and inven­ as in litigation. vehicles when not furnished by this tory financing. b. The execution and delivery of con­ Administration. 8. To establish disaster field offices tracts of sale or of lease or sublease, P. Eligibility Determinations. To de­ upon receipt of advice of the designation quit-claim, bargain and sale of special termine eligibility of applicants for as­ of a disaster area; to advise on the mak­ warranty deeds, bills of sale, leases, sistance under any program of the ing of disaster loans; to appoint as a subleases, assignments, subordinations, Agency, except the SBIC program, W processing representative any bank in releases (in whole or part) of liens, accordance with Small Business Admin­ the disaster area; and to close disaster satisfaction pieces, affidavits, and such istration standards and policies. field offices v/hen no longer advisable to other instruments in writing as may be G. Size Determinations. To make ini- maintain such offices. appropriate and necessary to effectuate tial size determinations in all cases within 9. To approve or reject the request of the foregoing, except as to loans classi­ the meaning of the Small Business Size an applicant to file for a disaster loan fied as in litigation. Standards Regulations, as amended, and after the period for acceptance under c. The approval of bank applications further, to make product classification the original disaster declaration, or ex­ for use of liquidity privilege under the decisions for financial assistance pur­ tension thereof, has expired. loan guaranty plan. poses only. Product classification deci­ 10. No authority is hereby delegated to d. To advertise regarding the public sions for procurement purposes are made declare the nonapplicability of eligibility sale of (a) collateral in connection with by contracting officers.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 NOTICES 19843 H. Legal Services. 1. To close and W. T. Grant Co., variety-department stores: disburse approved SBA loans and re­ DEPARTMENT OF LABOR No. 44, Macon, Ga., 9-24r-69 to 9-18-70; No. habilitation loans for Department of 33, Peoria, 111., 9-29-69 to 9-28-70; No. 57, Wage and Hour Division Baltimore, Md., 9-29-69 to 9-28-70; No. 828, Housing and Urban Development. Wyckoff, N.J., 10-1-69 to 9-30-70; No. 572, 2. To close approved EDA loans, as CERTIFICATES AUTHORIZING THE EM­ Cleveland, Ohio, 10-11-69 to 10-10-70; No. authorized. PLOYMENT OF FULL-TIME STU­ 254, Steubenville, Ohio, 10-20-69 to 10-19-70; 3. To approve, when requested, in ad­ DENTS WORKING OUTSIDE OF No. 458, Pittsburgh, Pa., 9-30-69 to 9-29-70; vance of disbursement, conformed copies No. 803, Pittsburgh, Pa., 9-24—69 to 9-23-70. of notes and other closing documents; SCHOOL HOURS AT SPECIAL MIN­ IGA Foodliner, foodstore; Highway 63 and certify to the participating bank that IMUM WAGES IN RETAIL OR SERV­ South, Macon, Mo.; 10-18-69 to 10-17-70. Kahanek Food Store, Inc., foodstore; 1000 such documents are in compliance with ICE ESTABLISHM ENTS OR IN West Main, Prague, Okla.; 10-17-69 to the participation authorization. AGRICULTURE 10-16-70. 4. To conduct all litigation activities, Keeling’s Kountry Key Market, foodstore; including SBIC matters, as assigned, and Notice is hereby given that pursuant to 514 Lyndon Lane, Louisville, Ky.; 9-28-69 to to take all action necessary in connection section 14 of the Pair Labor Standards 9- 27-70. with the liquidation of all loans classified Act of 1938 (52 Stat. 1060, as amended, 29 Kistler Collister Co., department store; 1100 as in litigation; and to do and perform U.S.C. 201 et seq.), the regulation on em­ San Mateo NE., Albuquerque, N. Mex.; and to assent to the doing and perform­ ployment of full-time students (29 CPR, 10- 20-69 to 10-19-70. ance of, all and every act and thing Part 519), and Administrative Order No. S. S. Kresge Co., variety-department stores: 595 (31 F.R. 12981), the establishments No. 730, Miami, Fla., 10-30-69 to 10-29-70; requisite and proper to effectuate the No. 2081, Aurora, 111., 9-23-69 to 9-22-70; No. granted powers, including without limit­ listed in this notice have been issued 253, Chicago, 111., 9-27-69 to 9-26-70; No. 305, ing the generality of the foregoing. special certificates authorizing the em­ Chicago, 111., 9-29-69 to 9-28-70; No. 301, a. The assignment, endorsement, ployment of full-time students working Chicago Heights, HI., 10-11-69 to 10-10-70; transfer, and delivery (but in all cases outside of school hours at hourly wage No. 463, Hometown, 111., 9-21-69 to 9-20-70; without representation, recourse, or war­ rates lower than the minimum wage No. 167, Logansport, Ind., 10-3-69 to 10-2-70; ranty) of notes, claims, bonds, deben­ rates otherwise applicable under section 6 No. 154, Council Bluffs, Iowa, 10-1-69 to tures, mortgages, deeds of trust, of the act. The effective and expiration 9-30-70; No. 4625, Bladensburg, Md., 10-19-69 dates are as indicated below. The mini­ to 10-18-70; No. 414, Essex, Md., 9-26-69 to contracts, patents and applications 9- 25-70; No. 352, Detroit, Mich., 10-8-69 to therefor, licenses, certificates of stock mum certificate rates are not less than 10- 7-70; No. 405, Inkster, Mich., 9-23-69 to and of deposit, and any other liens, 85 percent of the applicable statutory 9-22-70; No. 404, Pontiac, Mich., 9-26—69 to powers, rights, charges on and interest in minimum. 9-25-70; No. 381, Chillicothe, Ohio, 9-27-69 or to property of any kind, legal and The following certificates provide for to 9-26-70; No. 443, Cincinnati, Ohio, 9-23-69 equitable, now or hereafter held by the an allowance not to exceed the propor­ to 9-22-70; No. 376, Cleveland, Ohio, 9-28-69 Small Business Administration or its Ad­ tion of the total hours worked by full­ to 9-27-70; No. 640, Columbus, Ohio, 10-10-69 ministrator, as to loans classified as in time students at rates below $1 an hour to 10-9-70; No. 644, Dayton, Ohio, 9-21-69 to the total number of hours worked by to 9-20-70; No. 541, Marietta, Ohio, 10-2-69 litigation. to 10-1-70; No. 203, Milford, Ohio, 9-21-69 b. The execution and delivery of con­ all employees in the establishment during to 9-20-70; No. 150, Portsmouth, Ohio, tracts of sale or of lease or sublease, the base period in occupations of the 9-27-69 to 9-26-70; No. 615, Harrisburg, Pa., quit-claim, bargain and sale of special same general classes in which the estab­ 9-23-69 to 9-22-70; No. 739, Irving, Tex., warranty deeds, bills of sale, leases, sub­ lishment employed full-time students at 9-24—69 to 9-23—70; No. 4579, Kenosha, Wis., leases, assignments, subordinations, re­ wages below $1 an hour in the base 9-27-69 to 9-26-70. period. S. H. Kress and Co., variety-department leases (in whole or part) of liens, store; 111 West Main Street, Gastonia, N.C.; satisfaction pieces, affidavits, proofs of C. R. Anthony Co., department store; 137 9- 24-69 to 9-23-70. claim in bankruptcy or other estates, Plaza De Las Palmas, San Antonio, Tex.; Ted Maier Drug Co., drugstores from and such other instruments in writing as 9-26-69 to 9-25-70. 10- 7-69 to 10-6-70: 78 East Third, Winona, may be appropriate and necessary to The Barr Co., variety store; 116 South Minn.; Miracle Mall, Winona, Minn. effectuate the foregoing, as to loans Main Street, Celina, Ohio; 9-28-69 to 9-25-70. Marion & Dean’s AG Market, foodstore; Beatrice Super Market, foodstore; 808 Court Delta, Utah; 10-3-69 to 10-2-70. classified as in litigation. Street, Beatrice, Neb.; 10-14-69 to 10-13-70. c. Except: (a) to sell any primary ob­ McCrory-McLellan-Green Stores, variety- The Blyth and Fargo Co., department store; department stores: No. 73, Daytona Beach, ligation or other evidence of indebtedness Evanston, Wyo.; 10-20-69 to 10-19-70. Fla., 9-23-69 to 9-22-70; No. 310, St. Peters­ owed to the Agency for a sum less than Chatham Drug Co., Inc. drugstore; Park burg, Fla., 9-21-69 to 9-20-70; No. 432, the total amount due thereon; and (b) Shopping Center, Siler City, N.C.; 9-22-69 to Athens, Ga., 9-21-69 to 9-20-70; No. 506, to deny liability of the Small Business 9- 21-70. Ypsilanti, Mich., 9-24^-69 to 9-23-70; No. Administration under the terms of a Clifton’s Grocery, foodstore; 201 South A 1073, Trenton, N.J., 9-24-69 to 9-23-70; No. participation or guaranty agreement, or Street, McAlester, Okla.; 10-7-69 to 10-6-70. 1022, Easton, Pa., 10-6-69 to 10-5-70; No. Community Memorial Hospital, hospital; 1048, Anderson, S.C., 10-27-69 to 10-26-70; the assertion of a claim for recovery from Park Street, Sheldon, Iowa; 10-5-69 to a participating bank under any alleged No. 1208, Houston, Tex., 10-10—69 to 10- 4-70. 10-9-70; No. 177, Waco, Tex., 10-11-69 to violation of a participation or guaranty Crest Stores Co., variety stores from 10-10-70; No. 138, Charlottesville, Va„ agreement. 10-1—69 to 9-30-70: Boone, N.C.; Brevard, 10-1-69 to '9-30-70; No. 1069, Falls Church, 2. To take all necessary action in liqui­ N.C. Va., 10-7-69 to 10-6-70. dating Economic Development Adminis­ Ron Davidson Chevrolet, auto dealer; 222 Millners, Inc., apparel store; Gainesville, tration (EDA) loans which are classified East High Street, Ebensburg, Pa.; 10-16-69 Ga.; 9-25-69 to 9-24-70. to 9-30-70. G. C. Murphy Co., variety-department as in litigation, when and as authorized Davis Super Market, Inc., foodstore; 730 by EDA. store; No. 463, Delphos, Ohio; 10-15-69 to East Pittsburgh Street, Greensburg, Pa.; 10- 14-70. II. The specific authority in the sub­ 10-10-69 to 10-9-70. J. J. Newberry Co., variety-department sections (except subsections I.D.1 and The Dinner Horn Food Store, Inc., food- stores: No. 425, Atlanta, Ga., 9-23-69 to I-D.2) may be redelegated. store; 3945 Washington Boulevard, Ogden, 9- 22-70; No. 303, Hackettstown, N.J., 10- Utah; 10-21-69 to 10-20-70. III. All authority delegated herein may 11- 69 to 10-10-70; No. 207, Cambridge, Eagle Stores Co., Inc., variety stores: 114-16 Ohio, 10-4-69 to 10-3-70; No. 14, Ephrata, be exercised by any Small Business Ad­ Baltimore and Annapolis Boulevard, Glen Pa., 9-22-69 to 9—21—70; No. 35, Northamp­ ministration employee designated as act­ Bumie, Md., 10-10-69 to 10-9-70; 15 East ton, Pa., 9-25-69 to 9-24-70. ing regional director, Midwestern Region. Main Street, Slyva, N.C., 10-17-69 to 10-16- Nobles Super Market, Inc., foodstore; 10th 70; No. 51, Charleston Heights, S.C.; 9-23-69 and P a y n e Street, Tell City, Ind.; 10-7-69 Effective date: December 8, 1969. to 9-22-70. to 10-6-70. H il a r y S a n d o v a l , Jr., Fantles, apparel store; 504 Fourth Street, Peace Haven Association, nursing home; Administrator. Sioux City, Iowa; 9-23-69 to 9-22-70. Walnut, Iowa; 10-9-69 to 10-8-70. Goldblatt Brothers, Inc., department store; Plggly Wiggly, foodstore; 3110 Grand [PR. Doc. 69-15007; Piled, Dec. 17, 1969; 1505 West King Street, Decatur, 111.; 9-27-69 Avenue, Fort Smith, Ark.; 10-12-69 to 8:47 a.m.] to 9-26-70. 10- 11-70.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19844 NOTICES

Samuel Schlesinger, Inc., apparel store; W. T. Grant Co., variety-department stores: 10-16-70 (stock clerk, maintenance, office 5716 Bergenline Avenue, West New York, No. 365, Anaheim, Calif., salesclerk, stock clerk, food preparation, salesclerk, checker- N.J.; 10-18-69 to 10-17-70. clerk, 4 to 18 percent, 10-17-69 to 10-16-70; cashier, customer service) ; No. 4570, Austin, Shelton Supermarket, foodstore; 206 West No. 579, Milford, Del., salesclerk, office clerk, Minn., 1 to 10 percent, 10-20-69 to 10-19-70; Main, Stigler, Okla.; 10-3-69 to 10-2—70. stock clerk, cashier, 1 to 13 percent, 10-9-69 No. 4251, Charlotte, N.C., 11 to 22 percent, Spurgeon’s, department stores: 516 North to 10-8-70; No. 1062, Jacksonville, Fla., sales­ 9- 30-69 to 9-24-70 (salesclerk, checker- Adams, Carroll, Iowa; 10-7-69 to 10-6-70; clerk, cashier, office clerk, stock clerk, 10 per­ cashier); No. 4335, Kannapolis, N.C., 11 to 22 029 Main Street, Stevens Point, Wis., 10-2-69 cent, 9-26-69 to 9-25-70; No. 599, Mableton, percent, 9-30-69 to 9-29-70; No. 4173, Cincin­ to 10-1-70. Ga., salesclerk, 0.1 to 12 percent, 9-24-69 to nati, Ohio, 7 to 22 percent, 10-20-69 to Sterling Stores Co., Inc., variety store; 148 9-13-70; No. 575, Milton, Pa., salesclerk, stock 10- 19-70; No. 4190, Dayton, Ohio, 8 to 10 North Liberty Street, Canton, Miss.; 10-10-69 clerk, 11 to 36 percent, 9-25-69 to 9-24-70; percent, 10—20-69 to 10-19-70; No. 4054, to 9-9-70. No. 1012, Pittsburgh, Pa., salesclerk, 6 to 20 New Kensington, Pa„ 6 to 29 percent, The Stouss Hirshberg Co., department percent, 10-9-69 to 10-8-70; No. 848, State 10-1-69 to 9-30-70 (bagger, stock clerk, store; 20 West Federal Street, Youngstown, College, Pa., salesclerk, 11 to 36 percent, 9-24- salesclerk) ; No. 97, Pittsburgh, Pa., 4 Ohio; 10-19-69 to 10-18-70. 69 to 9-23-70; No. 1108, Richmond, Va„ sales­ to 13 percent, 9-30-69 to 9—29—70 (sales­ Stuckey’s Pecan Shop, foodstore; Lexing­ clerk, stock clerk, office clerk, cashier, 2 to 8 clerk); No. 4119, Rochester, Pa., 6 to 10 per­ ton, 111.; 9-23-69 to 9-22-70. percent, 10-1-69 to 9-30-70. cent, 10-9-69 to 10-8-70 (salesclerk) ; No. T. G. & Y. Stores Co., variety-department Hales Super Market, foodstores, for the 4009, Washington, Pa., 6 to 29 percent, store; No. 184, Scottsdale, Ariz.; 9-22-69 to occupations of stock clerk, carryout, 6 to 28 10-1-69 to 9-30-70 (salesclerk) ; No. 4043, 9-21-70. percent, 10-21-69 to 10-20-70: Highway 13, Columbia, S.C., 10 percent, 9-24-69 to 9-23-70 Ward’s IGA Foodliner, foodstore; Spring- Gallatin, Mo.; Hamilton, Mo. (salesclerk, stock clerk, office clerk); No. field, Ky.; 10-7-69 to 10-6-70. Handy-Andy, Inc., foodstore; No. 29, San 4016, Greenville, S.C., 10 percent, 10-19-69 Whittaker, Inc., foodstore; No. 2, Harrah, Antonio, Tex.; stock clerk, porter, checker, to 10-18-70 (salesclerk) ; No. 4023, Amarillo, Okla.; 9-29-69 to 9-28-70. package clerk, office cashier, bakery sales­ Tex., 0.2 to 7 percent, 10-10-69 to 10-9-70 clerk, produce clerk, dairy stock clerk, bottle (salesclerk, stock clerk, office clerk, checker- The following certificates were issued clerk; 18 to 27 percent; 10-10-69 to 10-9-70. cashier, customer service) ; No. 705, Houston, to establishments relying on the base- Hi-Nabor Super Market, foodstore; 7201 Tex., 7 to 27 percent, 9-27-69 to 9-26-70; No. year employment experience of other Winboume Avenue, Baton Rouge, La.; 715, Houston, Tex., 7 to 27 percent, 9-27-69 to establishments, either because they came bagger, bottle clerk; 20 percent; 10-3-69 to 9- 26-70 (checker-cashier, stock clerk, sales­ into existence after the beginning of the 9- 2-70. clerk, maintenance) ; No. 4328, Houston, Tex., John’s Self Service, foodstore; Old Fort, 7 to 27 percent, 10-29-69 to 10-28-70 (sales­ applicable base year or because they did N.C.; salesclerk, stock clerk, bagger; 21 per­ clerk) ; No. 743, Pasadena, Tex., 7 to 27 not have available base-year records. cent; 10-30-69 to 10-29-70. percent, 9-27-69 to 9-26-70 (salesclerk) ; No. The certificates permit the employment S. S. Kresge Co., variety-department stores, 4029, San Angelo, Tex., 7 to 10 percent, of full-time students at rates of not less for the occupations of salesclerk, stock clerk, 10- 1-69 to 9-30—70 (salesclerk); No. 4348, than 85 percent of the statutory mini­ office clerk, checker-cashier, maintenance, Wichita Falls, Tex., 7 to 27 percent, 10-6-69 mum in the classes of occupations listed, customer service except as otherwise indi­ to 10-5-70; No. 4042, Fredericksburg, Va., 10 and provide for the indicated monthly cated: No. 4049, Macon, Ga., 11 to 22 per­ to 20 percent, 10-1—69 to 9-29-70; No. 547, limitations on the percentage of full-time cent, 10-3—69 to 9-16-70 (salesclerk); No. Springfield, Va., 14 to 25 percent, 10—1-69 to 4071, Marietta, Ga., 10 percent, 10-11-69 to 9- 30-70; No. 4254, Oshkosh, Wis., 3 to 20 students hours of employment at rates 10— 10—70 (salesclerk, checker-cashier); No. percent, 10-14-69 to 10—13—70 (salesclerk, below the applicable statutory minimum, 4189, Savannah, Ga., 4 to 14 percent, 10-26- stock clerk, office clerk, checker-cashier). to total hours of employment of all 69 to 10-25-70 (salesclerk); No. 4337, Addi­ Lerner Shops, apparel stores, for the occu­ employees. son, 111., 12 to 20 percent, 10-29-69 to pations of salesclerk, cashier, credit clerk : No. Albuquerque Drumstick Restaurant, Inc., 10-28-70; No. 4095, Joliet, 111., 14 to 22 per­ 196, West Palm Beach, Fla., 9 to 19 percent, restaurant; 2225 Wyoming NE., Albuquerque, cent, 10-13-69 to 10-12—70 (salesclerk, stock 10- 19-69 to 10-18-70; No. 280, Michigan City, N. Mex.; waitress (waiter), bus boy (girl), clerk, checker-cashier, office clerk); No. 4322, Ind., 3 to 9 percent, 10-19-69 to 10-18-70; counter girl (boy), kitchen helper, host Kankakee, 111., 18 to 34 percent, 10-29-69 to No. 314, Salisbury, Md., 10 percent, 10-14-69 (hostess), takeout department personnel; 38 10-28-70; No. 554, Moline, 111., 4 to 21 percent, to 10-13-70; No. 279, Grand Rapids, Mich., to 63 percent; 10—1—69 to 9-30-70. 9-29-69 to 9-28-70 (salesclerk, stock clerk, 5 to 10 percent, 9-25-69 to 9-24-70; No. 294, Baskin Robbins, restaurant; 4920 Under­ checker-cashier, office clerk); No. 502, Mount Washington, Pa., 0 to 20 percent, 10-3-69 to wood Street, Omaha, Nebr.; ice cream server; Prospect, 111., 12 to 20 percent, 9-22-69 to 10-2-70; No. 330, Houston, Tex., 4 to 11 per­ 41 to 67 percent; 10-13-69 to 10-12—70. 9-21-70 (salesclerk, stock clerk, checker- cent, 9-30-69 to 9—29—70. Ben Franklin Store, variety store; K & M cashier, office clerk); No. 187, Palatine, 111., 18 Lovett’s IGA Foodliner, food store; Shopping Center, Mullins, S.C.; salesclerk, to 26 percent, 9-21-69 to 9-20-70 (salesclerk, Carmack Boulevard, Columbia, Tenn., stock stock clerk; 10 to 45 percent; 9-24-69 to stock clerk, Checker-cashier, office clerk); No. clerk, bagger; 12 to 15 percent; 10-3-69 to 9-23-70. 455, Springfield, 111., 4 to 9 percent, 9-21-69 to 10-2-70. Big T Foods, foodstores, from 35 to 40 per­ 9- 20-70 (salesclerk, stock clerk, checker- M & M Supermarket, food store; Wilbur cent : Peotone, 111., stock clerk, carryout, 10-1- cashier, office clerk); No. 4249, Elkhart, Ind., Dalton, Marion, N.C.; clerk, stock clerk, bag­ 69 to 9-30-70; 801 Broadway, Chesterton, 3 to 10 percent, 10-7-69 to 10-6-70; Nos. 4196 ger; 15 percent; 10-10-69 to 10-9-70. Ind., carryout, 9-26-69 to 9-25-70. and 4203, Indianapolis, Ind., 3 to 10 percent, McCrory-McLellan-Green Stores, variety- Byrd’s Food Stores, Inc., foodstore; 304 10- 8-69 to 18-7-70 (salesclerk, stock clerk, department stores, for the occupations of East Main Street, Carroboro, N.C.;. bagger, office clerk, checker-cashier); No. 4336, Indi­ salesclerk, office clerk, stock clerk except as carryout, janitorial, stock clerk, cashier; 18 anapolis, Ind., 3 to 10 percent, 10-10-69 to otherwise indicated : No. 274, Danbury, Conn., percent; 10—3—69 to 10—2—70. 10-9-70 (salesclerk, stock clerk, office clerk, 7 to 28 percent, 10-7-60 to 10-6-70; No. 1038, Crest Stores Co», variety store; Tarboro checker-cashier); No. 312, Speedway, Ind., 10 Milford, Conn., 7 to 15 percent, 10-9-69 to Shopping Center, Tarboro, N.C.; salesclerk, percent, 10-9-69 to 10-8-70 (salesclerk, stock 10-8-70; No. 1009, Norwalk, Conn., 7 to 28 clerk, checker-cashier, office clerk); No. 4314, percent, 10-13-69 to 10-12-70; No. 7504, Cas­ stock clerk; 10 to 45 percent; 10-1—69 to selberry, Fla., 4 to 15 percent, 10-8-69 to 9-30-70. Cedar Rapids, Iowa, 13 to 25 percent, 10-30- Eagle Stores Co., Inc., variety store; No. 69 to 10-29-70; No. 4565, Topeka, Kans., 16 10—6—70; No. 388, Live Oak, Fla., 7 to 24 per­ to 25 percent, 10-9-69 to 10-8-70 (salesclerk, cent, 10-21-69 to 10-20-70; Nos. 319 and 7502, 23, Mullins, S.C.; salesclerk, stock clerk; 10 Orlando, Fla., 4 to 15 percent, 10-7-69 to percent; 10—6—69 to 10-5—70. stock clerk, office clerk, checker-cashier); No. 4091, Bay City, Mich., 10 percent, 10—1-69 to 10-6-70; No. 366, Pensacola, Fla., 2 to 19 per­ Elliotts, Inc., apparel stores, for the occu­ 9- 30-70 (stock clerk, maintenance, office cent, 10-8-69 to 9-26-70 (salesclerk, stock pations of salesclerk, stock clerk, credit clerk, clerk, food preparation, salesclerk, checker- clerk) ; No. 356, Plant City, Fla., 10 to 30 9 to 20 percent, 10—16—69 to 10-15—70: 118 cashier, customer service); No. 681, Birming­ percent, 10-8—69 to 10-2-70 (salesclerk, stock Front Street, Beaver Dam, Wis.; 4 South ham, Mich., 10 percent, 9-29-69 to 9-28-70 clerk) ; No. 340, Tarpon Springs, Fla., 6 to> 34 Main Street, Janesville, Wis.; 5614 Sixth (stock clerk, maintenance, office clerk, food percent, 9-23-69 to 9-22-70; No, 262, Titus­ Avenue, Kenosha, Wis.; 200 Main, Watertown, preparation, salesclerk, checker-cashier, cus­ ville, Fla., 6 to 18 percent, 10-1-69 to 9-30-70 Wis. tomer service); No. 423, Livonia, Mich., 10 (office clerk, porter, salesclerk, stock clerk); Fine Brothers-Matison Co., department percent, 9-24-69 to 9-23-70 (stock clerk, No. 335, Carrollton, Ga., 6 to 19 percent, 10- store; 328 Front Street, Laurel, Miss.; sales­ maintenance, office clerk, food preparation, 7-69 to 10-6-70; No, 1310, Doraville, Ga., 7 to clerk, gift wrapper, stock clerk; 0.3 to 11 salesclerk, checker-cashier, customer serv­ 28 percent, 10-9-69 to 10-5-70; No. 225, percent; 9—23—69 to 8—22—70. ice); No. 4238, Melvindale, Mich., 10 percent, Monroe, Ga., 10 to 31 percent, 9-25-69 to Frohsin’s Department Store, department 10- 10-60 to 10-9-70 (stock clerk, salesclerk, 9-24-70 (salesclerk, stock clerk, office clerk, store; 68 Broad: Street, Alexander City, Ala.; maintenance, checker-cashier, office clerk, porter); No. 391, Matteson, HI., 7 to 22 per­ salesclerk, wrapper; 13 to 32 percent; 10-27-69 food preparation, customer service); No. 501, cent, 9-23-69 to 9-22-70; No. 1301, Baltimore, to 10-26-70. Southfield, Mich., 10 percent, 10-17-69 to Md., 27 to 38 percent, 9-29-69 to 9-28-70;

FEDERAL REGISTER, VOL, 34, NO. 242— THURSDAY, DECEMBER 18, 1969 NOTICES 19845 No. 345, Ellicott City, Md., 27 to 38 percent, 10-1—69 to 9-30-70 except as otherwise indi­ 10-7-69 to 10-6-70; No. 382, Pall River, cated: No. 178, Alexander City, Ala., 13 to 32 Each certificate has been issued upon 7 to 15 percent, 10-20-69 to 10-19-70; No. percent (window trimmer, marker, checker, the representations of the employer 641, Greenfield, Mass., 3 to 12 percent, order writer, stock clerk, salesclerk, 10-9-69 which, among other things, were that 10-7-69 to 10-6-70; No. 377, Stirling, N.J., to 9-8-70); No. 192, Winchester, Ky., 6 to 24 employment of full-time students at spe­ 9 to 20 percent, 10-3-69 to 10-2-70; No. 1040, percent (salesclerk, stock clerk, office clerk, cial minimum rates is necessary to pre­ Columbus, Ohio, 3 to 10 percent, 9-22-69 checker); No. 185, Elizabeth City, N.C., 5 to vent curtailment of opportunities for to 9-21-70; No. 257, Norwood, Ohio, 6 to 20 29 percent; No. 9, Laurinburg, N.C., 6 to 24 employment, and the hiring of full-time percent, 10-19-69 to 10-18-70; No. 210, Piqua, percent (window trimmer, marker, checker, students at special minimum rates will Ohio, 7 to 24 percent, 9-25-69 to 9-24-70; N.C., 13 to 28 percent (9-30-69 to 9-29—70); No. 381, Philadelphia, Pa., 3 to 13 percent, No. 186, Virginia Beach, Va., 13 to 31 percent not create a substantial probability of 10-10—69 to 10—9—70; No. 364, Scranton, Pa., (salesclerk). reducing the full-time employment op­ 6 to 19 percent, 9-23-69 to 9-22-70 (sales­ Rusty’s Food Centers, Inc., foodstore; 23d portunities of persons other than those clerk, stock clerk); No. 333, Wyoming, Pa., and Louisiana, Lawrence, Kans.; sacker, employed under a certificate. The cer­ 0 to 31 percent, 9-23-69 to 9-22-70; No. 160, courtesy clerk, carryout; 12 to 20 percent; tificates may be annulled or withdrawn, Sumter, S.C., 13 to 45 percent, 10-20-69 to 9-23-69 to 9-22-70. as indicated therein, in the manner pro­ 10-19-70 (salesclerk), Schensul’s Cafeteria, restaurant; East vided in Part 528 of Title 29 of the Code McDonald’s Hamburgers, restaurant; 3594 Grand River Avenue, Okemos, Mich.; bus North Lindbergh, St. Ann, Mo.; general res­ boy (girl), food preparation, coffee girl (boy), of Federal Regulations. Any person ag­ taurant worker; 8 to 25 percent; 10-14^69 to short order cook, counter worker, dishwasher; grieved by the issuance of any of these 10-13-70. 49 to 77 percent; 10-1-69 to 9-30-70. certificates may seek a review or recon­ Memorial Hospital of Laramie County, hos­ Spee-D-Foods, Inc., foodstores, for the oc­ sideration thereof within 30 days after pital; 300 Easit 23d Street, Cheyenne, Wyo.; cupations of stock clerk, carryout, cleanup, publication of this notice in the Federal file clerk; 0.2 to 0.4 percent; 10-6-69 to 10- 20 percent, 10-22-69 to 10-21—70; No. 2, R egister pursuant to the provisions of 5-70. Canton, Ohio; Nos. 1 and 3, North Canton, 29 CFR 519.9. Millner Aycocks, Inc., department store; Ohio; No. 4, North Industry, Ohio. 118 South Broad Street, Monroe, Ga.; sales­ Spurgeon’s, department stores, for the oc­ Signed at Washington, D.C. this 10th clerk, cashier; 1 to 15 percent; 9-25-69 to cupations of salesclerk, stock clerk, receiving day of December 1969. 9- 24-70. clerk, marker, janitorial: 317-319 Liberty Minimax, foodstore; 1201 Strawberry Road, Street, Morris, 111., 9-to 15 percent, 9-25-69 to R obert G. G ronewald, Pasadena, Tex.; bagger, carryout, janitorial’ 9- 24-70; 202 East Robinson Street, Knoxville, Authorized Representative stock clerk; 8 to 11 percent; 10-19-69 to Iowa, 8 to 13 percent, 10-1-69 to 9-30-70. of the Administrator. 10- 18-70. Sunshine Department Store, department [F.R. Doc. 69-15000; Filed, Dec. 17, 1969; Morgan & Lindsey, Inc., variety-department stores, for the occupation of salesclerk, 8.to 8:47 a.m.] store; No. 3065, Baton Rouge, La.; salesclerk, 10 percent: 1241 Moreland Avenue SE., At­ stock clerk, office clerk; 8 to 27 percent; 10- lanta, Ga., 10-7-69 to 10-6—70; 4735 Jonesboro 10-69 to 10-9-70. Road, Forest Park, Ga., 10-1-69 to 9-30-70. G. C. Murphy Co.t variety-department T. G. & Y. Stores Co., variety-department stores, for the occupations of salesclerk, stock stores, for the occupations of salesclerk, FEDERAL COMMUNICATIONS clerk, office clerk, janitorial: No. 82, Atlanta, stock clerk, office clerk except as otherwise Ga., 5 to 13 percent, 10—4-69 to 10-3—70; No. indicated: No. 199, Glendale, Ariz., 19 to 35 313, Indianapolis, Ind., 11 to 26 percent, 10-3- percent, 9-27-60 to 9-26-70; No. 1600, Mon­ COMMISSION 69 to 10-2-70; No. 329, Ashland, Ky„ 17 to 27 roeville, Ala., 2 to 17 percent, 10-17-60 to [Report 470] percent, 10-28-69 to 10-27-70; No. 317 Bel 10- 16-70; No. 782, Auburndale, Fla., 10 to 29 Air, Md., 22 to 33 percent, 10-3-69 to 10-2- percent, 10-29-69 to 10-28-70; No. 729, Port COMMON CARRIER SERVICES 70; No. 324, Okemos, Mich., 9 to 29 percent, Orange, Fla., 16 to 24 percent, 10—29-60 to INFORMATION 1 9- 30-69 to 9-29-70; No. 327, Indiana, Pa. 16 10-28-70; No. 446, Wichita, Kans., 19 to 31 to 26 percent, 10-28-69 to 10-27-70; No. 323, percent, 9-26-69 to 9-25-70; No. 792, Kenner, Domestic Public Radio Services Annandale, Va., 13 to 23 percent, 10—10-69 to La., 28 to 30 percent, 10-3-69 to 9-2-70; No. 10- 9-70; No. 320, Hampton, Va., 11 to 20 746, New Iberia, La., 6 to 22 percent, 9—25-69 Applications Accepted for Filing 2 percent, 10-15-69 to 10-14-70. to 8-24-70; No. 126, Kansas City, Mo., D ecember 15, 1969. Neisner Brothers, Inc., variety-department 22 to 30 percent, 9-21-60 to 9-20-70; No. stores, for the occupations of salesclerk, stock 304, Liberty, Mo., 22 to 31 percent, 10-3-69 Pursuant to §§ 1.227(b) (30 a n d clerk, office clerk, 10 to 29 percent except as to 10-2-70; No. 176, Santa Fe, N. Mex., 13 21.26(b) of the Commission’s rules, and otherwise indicated: No. 22, Brooksville, Fla., to 24 percent, 9-23-69 to 9-22-70; No. 464, application, in order to be considered 10-28-69 to 10-27-70; No. 190, Gape Coral, Chickasha, Okla., 10 to 30 percent, 10-10-69 with any domestic public radio services Fla., 10-18-69 to 10-17-70; No. 95, Englewood to 10-9-70; No. 459, Claremore, Okla., 24 application appearing on the attached Fla., 10-10-69 to 10-9-70; No. 5, Palatka, Fla.’ to 30 percent, 9-27-69 to 9-26-70; No. 1001, list, must be substantially complete and 10-14-69 to 10-13-70 (8 to 17 percent). Del City, Okla., 28 to 30 percent, 10-14-69 Old Fort Supermarket, foodstore; Old Fort, to 10-13-70; No. 447, El Reno, Okla., 6 to tendered for filing by whichever date N.C.; salesclerk, stock clerk, bagger; 21 per­ 19 percent, 9-21-69 to 9-20-70; No. 1781, is earlier: (a) The close of business cent; 10-30-69 to 10-29-70. Easley, S.C., 18 to 30 percent, 10-15—69, to 1 business day preceding the day on Pence Food Center, foodstore; 124 South 9- 15-70 (salesclerk, stock clerk); No. 814, which the Commission takes action Martin, Osage City, Kans.; sacker, carryout, Austin, Tex., 30 percent, 9-27-69 to 9-26-70; on the previously filed application; stock clerk, checker, cleanup; 8 to 25 percent; No. 806, Houston, Tex., 30 percent, 10-6—69 to or (b) within 60 days after the date of J.0-28-69 to 10-27-70. 10- 5-70; Nos. 811 and 838, Houston, Tex., 30 the public notice listing the first prior Piggly Wiggly, foodstores, for the occupa­ percent, 10-10-69 to 10-9-70; No. 406, Plain- tions of stock clerk, package clerk, checker, view, Tex., 12 to 28 percent, 9-21-69 to filed application (with which subsequent 18 to 25 percent, 10-12-69 to 10-11-70; 3500 9- 20-70; No. 815, Temple, Tex., 30 percent, applications are in conflict) as having Jenny Lind, Fort Smith, Ark.; 2222 Midland 10- 15-69 to 10-14-70. been accepted for filing. An application Boulevard, Fort Smith( Ark.; Phoenix Village Thornberry’s Super Valu Market, Inc., food- which is subsequently amended by a ma­ Shopping Center, Fort’Smith, Ark. store; Winchester, Ky., stock clerk; 7 to 27 jor change will be considered to be a .Pleezing Food Store of West Florida, food- percent; 10-7-60 to 10-6-70. newly filed application. It is to be noted store; No. 2, Pensacola, Fla.; bagger, checker, stock clerk, market counter helper; 8 to 18 West Court Food Center, foodstore; West that the cutoff dates are set forth in the percent, 10-1-69 to 9-30-70. Court Street, Marion, N.C.; salesclerk, stock alternative—applications will be entitled Raylass Department Store, variety-depart­ clerk, bagger; 21 percent; 10-30-69 to to consideration with those listed in the ment stores, from 13 to 34 percent: 217 Broad 10-29-70. Avenue, Albany, Ga., salesclerk, stock clerk, Williards Foodland, foodstores, for the oc­ 1A11 applications listed in the appendix are office clerk, cleanup, 10-30-69 to 10-29-70; cupations of clerk, stock clerk, bagger, 15 subject to further consideration and review Lake Hill Shopping Center, Chattanooga, percent, 10-10-69 to 10-9-70: Nos. 1 and 2, and may be returned and/or dismissed if not Tenn., salesclerk, stock clerk, office clerk, Marion, N.C. found to be in accordance with the Commis­ marker, cleanup, 10-11-69 to 10-10-70. Lee Wilson Co., agriculture; 2—U Ranch, sion’s rules, regulations, and other require­ John P. Robillo & Co., foodstore; 910 Vance Lee, Nev.; seeder, fence mender, cattle feeder; ments. Avenue, Memphis, Tenn.; package clerk, 14 to 50 percent; 9-23-69 to 8-31-70. 2 The above alternative cutoff rules apply to salesclerk, checker, stock clerk; 8 to 19 per­ Younker Brothers, Inc., department store; those applications listed in the appendix as cent; 10-10-69 to 10-9-70. 555 John F. Kennedy, Dubuque, Iowa; sales­ having been accepted in Domestic Public Rose’s Stores, Inc., variety-department clerk, stock clerk, office clerk, marker, deliv­ Land Mobile Radio, Rural Radio, Point-to- stores, for the occupations of salesclerk, ery clerk, messenger, porter, wrapper, clean Point Microwave Radio, and Local Television stock clerk except as otherwise indicated, up; 9 to 16 percent; 10-18-69 to 10-17-70. Transmission Services (Part 21 of the rules).

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19846 appendix if filed by the end of the 60-day 1934, as amended, concerning any do­ DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE--- C o n tin u e d period, only if the Commission has not mestic public radio services application 3359- C2-P-70—Industrial Communications, Inc., doing business as Port Arthur Mobile acted upon the application by that time accepted for filing, is directed to § 21.27 Phone (New), C.P. for a new 2-way station. Base frequency: 152.12 MHz location: Good- pursuant to the first alternative earlier of the Commission’s rules for provisions hue Hotel, Fifth and Waco Streets, Port Arthur, Tex. date. The mutual exclusivity rights of a governing the time for filing and other 3360— C2-P—(2)-70—United Telephone Co. of Florida (KIJ354), C.P. to replace transmitter new application are governed by the requirements relating to such pleadings. operating on 152.63 MHz and correct location to read location No. 1 1520 Lee Street, earliest action with respect to any one of Fort Myers, Fla., and add base station at location No. 1 to operate on 152.69 MHz. the earlier filed conflicting applications. F ederal Communications The attention of any party in interest Commission, Correction desiring to file pleadings pursuant to sec­ [seal] B en F. Waple, 2656—C2-P-(2)-70—North Shore Radio Telephone, Inc. (KSB590), Entry to read: C.P. to tion 309 of the Communications Act of Secretary. relocate facilities at location No. 2 to: 1741 South O’Plane Road, Warren Township, 111., operation on frequency 152.09 and 152.18 MHz. This replaces entry on public notice dated A p p e n d i x Nov. 24, 1969, report No. 467. A pplications A c c e p t e d F o b F i l i n g Informative DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE It appears that the following applications may be mutually exclusive and subject to the File No., applicant, call sign and nature of application Commission’s rules regarding ex parte presentations, by reason of potential electrical 3320- C2-P-70—James D. and Lawrence D. Garvey, doing business as Radiofone (New), interference. C.P. for a new 2-way station to be located at 520 Rigolets Road, Slidell, La., to operate on New York frequency 454.225 MHz. 3321- C2-MP-(2)-70—Southern Bell Telephone & Telegraph Oo. (KIG295), Modification of Mobile Radio Message Service, Inc., KEA260, File No. 2280-C2-P-70. C.P. to change system for frequencies 152.57 and 152.66 MHz at station located at Paris New Jersey Mountain, 6 miles north of Greenville, S.C. 3322- C2-P-70—Pomona Radio Dispatch Corp. (KMD992), C.P. for an additional channel to Tra-Mar Communications, Inc., KEJ888, File No. 923-C2-P-70. operate on frequency 454.125 MHz at a new site to be identified as location No. 2: Sunset Telephone Secretarial Service, KEA263, File No. 2358-C2-P-70. Ridge, approximately 3 miles north of Pomona, Calif. Texas 3323- C2-P-70—Northwestern Bell Telephone Co. (New), C.P. for a new 2-way station to be located at 2221 Carter Road, Dubuque, Iowa, to operate on frequency 152.69 MHz. Answer Inc. of Galveston, KLB617, File No. 1005-C2-P-70. 3324- C2-P-(3)-70—Tel-Car, Inc. (New), C.P. for a new 2-way station to be located at 7 Joseph H. Wofford, doing business as Radiophone of Houston (New), File No. 1046-C2-P-70. miles south-southwest of Albion, Idaho, to operate on base frequency 152.09 MHz; repeater RURAL RADIO SERVICE NOTICES frequency 459.150 MHz. Control facilities to operate on frequency 454.150 MHz at 538 Fourth Street West, Twin Falls, Idaho. 3331- C1-P/L-70—Southern Bell Telephone & Telegraph Co. (New), C.P. and license for a 3325- C2-P-70—Western Communications, Inc., doing business as WESCOM (New), C.P. new fixed station to be located at 2 miles south of Cape Florida on south side of Biscayne for a new 2-way station to be located at 202-204 South Main Street, Aberdeen, S. Dak., to Channel, Fla., to operate on frequencies 157.77, 157.83, 157.89, 157.92, 158.01 MHz. operate on frequency 152.03 MHz. 3332- C1-P/L-70—United Telephone Co. of the Northwest (New), C.P. and license for a 3326- C2-P-70—Joseph N. Thomason, (KUA285), C.P. to change antenna system and relocate new fixed station to be located Prior Ranch, 17 miles southeast of Prosser, Wash., to base facilities to: Pendleton Municipal Airport, Pendleton, Oreg., operating on frequency operate on frequency 158.04 MHz. 152.21 MHz; replace transmitter for same. Delete control point, repeater and control POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) stations. 3329- C2-P-(2)-70—Central Mobile Radio Phone Service (KQD597), C.P. to change antenna 244 CP Applications Proposing a Data Communications Service Across the United States system and relocate facilities to: Frytown Road at Lyleburn Road, Dayton, Ohio, oper­ File No. Applicant, call sign, and particulars ating on frequencies 152.06 and 152.15 MHz; replace transmitter on frequency 152.06 MHz. 3330- C2-AL-70—J. B. Bacon, doing business as Telephone Message Exchange (KMM697), 2926- C1-P-70—Data Transmission Co. (New), 6256.5 MHz toward South San Francisco, consent to assignment of License from: J. B. Bacon, doing business as Telephone Message Calif., and 6137.9 MHz toward Chual, Calif. Location: San Bruno Mountain, 1.2 miles Exchange, Assignor to : Pass Word, Inc., Assignee. south of San Francisco, Calif. 3344- C2-P-70—Central Telephone Co. (KDT213), C.P. to change antenna location to: North 2927- C1-P-70—Data Transmission Co. (New), 6004.5 MHz toward San Bruno, Calif. Lo­ of Highway 20, approximately 3y2 miles southwest of Fort Dodge, Iowa, operating on cation: Corner of Skyline Boulevard and West Borough, South San Francisco, Calif- frequency 152.57 MHz. Change control point location to: 616 First Avenue North, Fort 2928- C1-P-70—Data Transmission Co. (New), 6375.15 MHz toward San Bruno Mountain, Dodge, Iowa. Calif., and 6390.00 MHz toward Fremont Peak, Calif. Location: 10 miles southeast of 3345- C2-P-(3)-70—The Mountain States Telephone & Telegraph Co. (KOE513), C.P. to . Los Gatos, Calif. change input power for frequencies 152.57, 152.63, 152.75 MHz at station located at 2929- C1-P-70—Data Transmission Co. (New), 6078.6 MHz toward Mount Chual, Calif., 6 miles south-southwest of Casper, Wyo. and 5982.3 MHz toward Call Mountain, Calif. Location: 10 miles northeast of Salinas, 3346- C2-P-(3)-70—Riggs Radio Dispatch (KMA836), C.P. to change antenna location to: Calif. 514 West 19th Street, Merced, Calif., operating on base frequency 152.09 and control 2930- C1-P-70—Data Transmission Co. (New), 6241.7 MHz toward Fremont Peak, Calif., frequencies 75.80 and 75.84 MHz at location No. 1. Replace transmitter for base facilities. and 6137.9 MHz toward Calandra, Calif. Location: 7.5 miles north of San Benito, Calif. 3327- C2-P-(2)-70—Joseph N. Thomason (KOP261), C.P. to change antenna location for control station to; 712 West Columbia Avenue, Pasco, Wash., operating on frequencies 2931- C1-P—70—-Data Transmission Co. (New), 6382.6 MHz toward Call Mountain, Calif., 454.150 MHz (convert station to narrow band operation) and 454.200 MHz (reduce devia­ and 6323.3 MHz toward Cuesta Peak, Calif. Location: 7 miles southwest of San Ardo, tion and narrowband transmitter). Calif. 3353-C2-AL-70—Mobile Radio Dispatch Service, Inc. (KEA256), Consent to assignment of 2932- C1-P-70—Data Transmission Co. (New), 6086.0 MHz toward Calandra, Calif., and license from: Mobile Radio Dispatch Service, Inc,, Assignor to: Mobile Radio Dispatch 5960.0 MHz toward Broadcast Peak, Calif. Location: 5 miles north of San Luis Obispo, Service, Inc., Assignee. Calif.

FEDERAL REGISTER, VOL. 34, NO. !— THURSDAY, DECEMBER 18, 1969 POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)---- C o n t i n u e d POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)--- C o n tin u e d 2933- C1-P-70—Data Transmission Co. (New), 6256.54 MHz toward Cuesta Peak, Calif., 2957- C1-P-70—Data Transmission Co. (New), 6004.50 MHz toward Corral Peak, Tex., and and 6397.40 MHz toward Frazier Mountain, Calif. Location: 10 miles northwest of Goleta, 6404.80 MHz toward Pecos Peak, Tex. Location: 2 miles east of Levinson, Tex. Calif. 2958- Cl—P-70—Data Transmission Co. (New), 6152.76 MHz toward Levinson, Tex., and 2934- C1-P-70—Data Transmission Co. (New), 6123.11 MHz toward Broadcast Peak, Calif., 6197.24 MHz toward Sierra Madera, Tex. Location: 18 miles southeast of Toyahvale, and 6345.5 MHz toward Mount Lukens, Calif. Location: 4 miles south of Frazier Park, Tex. Calif. 2959- C1-P-70—Data Transmission Co. (New), 5945.200 MHz toward Pecos Peak, Tex., 2935- Cl—P-70—Data Transmission Co. (New), 6004.50 MHz toward Frazier Mountain, and 6345.500 MHz toward East Mesa, Tex., and 6256.540 MHz toward Thorn Ranch, Calif, and 6123.11 MHz toward Modjeska Peak, Calif., and 6093.46 MHz toward Beverly Tex. Location: 20 miles south of Fort Stockton, Tex. Hills, Calif. Location: 3 miles north of La Crescenta, Calif. 2960- C1-P—70—Data Transmission Co. (New), 6004.50 MHz toward Sierra Madera, Tex., 2936- C1-P—70—Data Transmission Co. (New), 6404.8 MHz toward Mount Lukens, Calif. and 6375.15 MHz toward Richland, Tex. Location: 32 miles southeast of Fort Stockton, Tex. Location: 5900 Wilshire Boulevard, Beverly Hills, Calif. 2961- C1-P-70—Data Transmission Co. (New), 6123.11 MHz toward Thorn Ranch, Tex., 2937- C1-P-70—Data Transmission Co. (New), 6256.54 MHz toward Toro Peak, Calif., and 6226.89 MHz toward Government Canyon, Tex. Location: 18.2 miles south of Sheffield, and 6375.15 MHz toward Mount Lukens, Calif. Location: 10.5 miles south of Corona, Tex. Calif. 2962- C1-P-70—Data Transmission Co. (New), 5974.85 MHz toward Richland, Tex., and 2938- Cl-P-70—Data Transmission Co. (New), 6000.8 MHz toward Modjeska Peak, Calif, and 6152.76 MHz toward East Fork, Tex. Location: 17 miles southwest of Ozona, Tex. 6177.54 MHz toward Black Butte, Calif., and 6345.50 MHz toward San Miguel, Calif. 2963- Cl-P—70—Data Transmission Gp. (New), 6404.80 MHz toward Government Canyon, Location: 14 miles south of Palm Desert, Calif. Tex., and 6375.15 MHz toward Mayfield Ranch, Tex. Location: 21 miles southwest of 2939- Cl—P—70—Data Transmission Co. (New), 6093.5 MHz toward Toro Peak, Calif., and Sonora, Tex. 6093.5 MHz toward San Diego, Calif. Location: 3.7 miles southwest of Indian Springs, 2964- Cl-P-70—Data Transmission Co. (New), 6123.11 MHz toward East Fork, Tex., and Calif. 6219.50 MHz toward Wardlaw Ranch, Tex. Location: 22 miles northwest of Rock Springs, 2940- C1-P—70—Data Transmission Co. (New), 6197.2 MHz toward San Miguel Mountain, Tex. Calif. Location: Home Tower Building, 707 Broadway, San Diego, Calif. 2965- C1-F-70—Data Transmission Co. (New), 5967.395 MHz toward Mayfield Ranch, Tex., 2941- C1-P-70—Data Transmission Co. (New), 5945.200 MHz toward Toro Peak, Calif., and and 6345.500 MHz toward Las Moras, Tex. Location: 9.5 miles northeast of Carta 6367.691 MHz toward Quartz Peak, Ariz. Location: 11 miles south of Desert Center, Calif. Valley, Tex. 2942- Cl-P-70—Data Transmission Co. (New), 6004.50 MHz toward Telegraph Pass, Ariz. 2966- C1-P-70—Data Transmission Co. (New), 6071.191 MHz toyrard Wardlaw Ranch, Tex., and 6152.76 MHz toward Black Butte, Calif. Location: 26.7 miles south of Palo Verde, Calif. and 6152.76 MHz toward Uvalde, Tex. Location: 3 miles northeast of Brackettville, Tex. 2943- Cl-P-70—Data Transmission Co. (New), 6375.15 MHz toward Oatman Mountain, Ariz., 2967- C1-P-70—Data Transmission Co. (New), 6397.395 MHz toward Las Moras, Tex., and and 6256.54 MHz toward Quartz Peak, Ariz. Location: 2.5 miles west of Ligurta, Ariz. 6205.000 MHz toward D’Hanis, Tex. Location: 3.5 miles northeast of Uvalde, Tex. 2944- Cl-P-70—Data Transmission Co. (New), 6256.54 MHz toward White Tank Mountain, 2968- C1-P-70—Data Transmission Co. (New), 5952.598 MHz toward Uvalde, Tex., and Ariz., and 6152.76 MHz toward Telegraph Pass, Ariz. Location: 5.4 miles southeast of 6315.850 MHz toward Rio Medina, Tex. Location: 2 miles southeast of D’Hanis, Tex. Montezuma, Ariz. 2969- C1—P—70—Data Transmission Co. (New), 6055.000 MHz toward D’Hanis, Tex., and 2945- C1—P—70—Data Transmission Co. (New), 5974.85 MHz toward Oatman Mountain, Ariz., 6404.8 MHz toward San Antonio, Tex. Location: 4 miles east of Rio Medina, Tex. and 6093.46 MHz toward Mount Ord, Ariz., and 6049.00 MHz toward Phoenix, Ariz. Loca­ 2970- C1-P-70—Data Transmission Co. (New), 6152.8 MHz toward Rio Medina, Tex. Location: tion: 15 miles north of Buckeye, Ariz. 430 Solodad Avenue, San Antonio, Tex. 2946- Cl-P-70—Data Transmission Co. (New), 6301.0 MHz toward White Tank Mountain, 2971- C1—P—70—Data Transmission Co. (New), 6093.460 MHz toward Sierra Madera, Tex., Ariz. Location: Corner of Clarendon and Central Avenue, Phoenix, Ariz. and 6256.540 MHz toward King Mountain, Tex. Location: 14 miles northeast of Fort 2947- Cl-P-70—Data Transmission Co. (New), 6345.5 MHz toward White Tank Mountain, Stockton, Tex. Ariz., and 6404.8 MHz toward Pinal Peak, Ariz. Location: 4.4 miles northeast of Sunflower, 2972- C1-P-70—Data Transmission Co. (New), 6004.500 MHz toward East Mesa, Tex., and Ariz. 6345.500 MHz toward Ector Peak, Tex. Location: 7 miles north of McCamey, Tex. 2948- Cl—P—70—Data Transmission.Co. (New), 6152.76 MHz toward Mount Ord, Ariz., and 2973- C1-P-70—Data Transmission Co. (New), 6093.46 MHz toward King Mountain, Tex., 6226.89 MHz toward Lonestar Mountain, Ariz. Location: 7.5 miles southwest of Globe, and 6226.89 MHz toward Pipeline, Tex. Location: 10 miles southwest of Odessa, Tex. Ariz. 2974- C1—P-70—Data Transmission Co. (New), 5974185 MHz toward Ector Peak, Tex., and 2949- Cl-P-70—-Data Transmission Co. (New), 5974.85 MHz toward Pinal Peak, Ariz., and 6404.80 MHz toward Newton, Tex. Location: 12 miles south of Midland, Tex. 6345.50 MHz toward Jack’s Mountain, N. Mex. Location: 9 miles northeast of Safford, Ariz. 2975- C1—P-70—Data Transmission Co. (New), 6152.76 MHz toward Pipeline, Tex., and 2950- Cl—P—70—Data Transmission Co. (New), 6093.46 MHz toward Lonestar Mountain, 6226.89 MHz toward Big Spring, Tex. Location: 8.6 miles northwest of Garden City, Tex. Ariz., and 6034.15 MHz toward Flourite Ranch, N. Mex. Location:] 15.5 miles southwest of 2976- C1—P—70—Data Transmission Co. (New), 5974.85 MHz toward Newton, Tex., and Silver City, N. Mex. 6375.15 MHz toward Champion, Tex. Location: 4 miles northwest of Farson, Tex. 2951- C1-P-70—Data Transmission Co. (New), 6404.80 MHz toward Aden Hills, N. Mex., and 6286.19 MHz Jack’s Mountain, N. Mex. Location: 10 miles north of Deming, N. Mex. 2977- C1-P-70—Data Transmission Co. (New), 6123.11 MHz toward Big Spring, Tex., ana 2952- Cl—P—70—Data Transmission Co. (New), 6152.76 MHz toward Flourite Ranch, N. Mex., 6256.54 MHz toward Sweetwater, Tex. Location: 5.2 miles southeast of Champion, Tex. and 6286.19 MHz toward Anthony Gap, N. Mex. Location: 20 miles southwest of Las Cruces, 2978- Cl-P-70—Data Transmission Co. (New), 6004.500 MHz toward Champion, Tex., and N. Mex. 6345.500 MHz toward Estes Ranch, Tex. Location: 9 miles east of Sweetwater, Tex. 2953- C1-P-70—Data Transmission Co. (New), 6034.15 MHz toward Aden Hills, N. Mex., and 2979- C1-P—70—Data Transmission Co. (New), 6093.46 MHz toward Sweetwater, Tex., and 6404.80 MHz toward Escondida Tract, N. Mex. Location: 4.3 miles east of Anthony, N. Mex. 6197.24 MHz toward Davis Ranch, Tex. Location: 2.5 miles north of Abilene, Tex. 2954- C1—P—70—Data Transmission Co. (New), 6152.76 MHz toward Anthony Gap, N. Mex., 2980- Cl—P-70—Data Transmission Co. (New) , 5945.200 MHz toward Estes Ranch, Tex., and and 6226.89 MHz toward El Capitan, Tex. Location: 5 miles south of Alamogordo, N. Mex. 6256.540 MHz toward Breckenridge, Tex. Location: 1.5 miles southeast of Shackelford, Tex. 2955- Cl—P-70—Data Transmission Co. (New), 6017.2 MHz toward Escondida T., N. Mex., and 6135.8 MHz toward Corral Peak, Tex. Location: 2.5 miles west of Pine Springs, 2981- Cl-P-70—Data Transmission Co. (New), 6004.500 MHz toward Davis Ranch, Tex., and 6375.150 MHz toward Brakeen, Tex. Location: 0.5 mile west of Breckenridge, Tex. Tex.

2956- C1-P—70—Data Transmission Co. (New), 6375.15 MHz toward El Capitan, Tex., and 2982- C1-P-70—Data Transmission Co. (New), 6123.11 MHz toward Breckenridge, Tex., and S3DIJLON 6256.54 MHz toward Levinson, Tex. Location: 35 miles southeast of Pine Springs, Tex. 6286.19 MHz toward Mineral Wells, Tex. Location: 0.5 mile east of Brad, Tex.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 i m i 19848 POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) — C o ntinued POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)— C ontinued 2983- C1—P—70—Data Transmission Co. (New), 6034.15 MHz toward Brakeen, Tex., and 3011- C1-P-7Q—Data Transmission Co. (New), 6004.500 MHz toward Cleora, Okla., and 6345.50 MHz toward Weatherford, Tex. Location: 0.7 mile northeast of Mineral Wells, Tex. 6108.297 MHz toward Arma, Kans. Location: 2.2 miles southwest of Redings Mill, Mo. 2984- Cl-P-70—Data Transmission Co. (New), 6093.46 MHz toward Mineral Wells, Tex., and 3012- C1-P-70—Data Transmission Co. (New), 6360.00 MHz toward Redings Mill, Mo., and 6256.54 MHz toward Burleson, Tex., and 6345.50 MHz toward Skeen Park, Tex. Location: 6409.00 MHz toward Savonburg, Kans. Location: 1.7 miles southeast of Arma, Kans. 4.3 miles southeast of Weatherford, Tex. 3013- Cl—P—70—Data Transmission Co. (New), 6155.00 MHz toward Arma, Kans., and 6345.50 2985- Cl-P-70—Data Transmission Co. (New), 6004.50 MHz toward Weatherford, Tex., and MHz toward Kincaid, Kans. Location: 3 miles northwest of Porterville, Kans. 6375.15 MHz toward Cedar Hill, Tex. Location: 2.7 miles northeast of Burleson, Tex. 3014- C1-P-70—Data Transmission Co. (Hew), 6093.46 MHz toward Savonburg, Kans., and 2986- Cl-P-70—Data Transmission Co. (New), 6123.1 MHz toward Burleson, Tex., and 6197.24 MHz toward Paola, Kans. Location:. 3.8 miles north of Kincaid, Kans. • 6034.2 MHz toward Bristol, Tex., and 5974.8 MHz toward Dallas, Tex. Location: 1 mile west 3015- C1-P-70—Data Transmission Co. (New), 5945.200 MHz toward Kincaid, Kans., and of Cedar Hill, Tex. 6360.297 MHz toward Olathe, Kans. Location: 6 miles northwest of Paola, Kans. 2987- C1—P-70—Data Transmission Co. (New), 6404.8 MHz toward Cedar Hill, Tex. Location: 3Ó16—Cl—P—70—Data Transmission Co. (New), 6108.297 MHz toward Paola, Kans., and 1949 North Stemmons Freeway, Dallas, Tex. 6152.760 MHz toward Leavenworth, Kans. Location: 4.2 miles northwest of Olathe, Kans. 2988- C1-P-70—Data Transmission Co. (New), 6286.19 MHz toward Cedar Hill, Tex., and 3017- C1-P-7Q—Data Transmission Co. (New), 6404.80 MHz toward Olathe, Kans., and 6360 MHz toward Stockard, Tex. Location: 0.7 mile, southeast of Briston, Tex. 6286.19 MHz toward Nashua, Kans., and 6256.50 MHz toward Blair, Kans. Location: 3.8 2989- Cl—P—70—Data Transmission Co. (New), 6108.297 MHz toward Bristol, Tex., and miles southwest of Springdale, Kans. 6404.800 MHz toward Montalba, Tex. Location: 2.5 miles northeast of Stockard, Tex. 3018- C1-P-70—Data Transmission Co. (New), 6034.15 MHz toward Leavenworth, Kans., and 2990- C1-P-70—Data Transmission Co. (New), 6152.760 MHz toward Stockard, Tex., and 6134.50 MHz toward Odessa, Mo., and 6093.50 MHz toward Kansas City, Mo. Location: 6271.297 MHz toward Russell, Tex. Location: 2 miles northeast of Montalba, Tex. 1.6 miles east of Nashua, Mo. 2991- C1-P-70—Data Transmission Co. (New), 6019.297 MHz toward Montalba, Tex., and 3019- C1-P-70—Data Transmission Co. (New), 6093.5 MHz toward Nashua, Mo. Location: 6049.000 MHz toward Mossy Grove, Tex. Location: 10 miles northeast of Centerville, Tex. Commerce Bank Tower, Ninth and Main Streets, Kansas City, Mo. 2992- C1-P-70—Data Transmission Co. (New), 6301.00 MHz toward Russell, Tex., and 3020- C1-P-70—Data Transmission Co. (New), 6390.00 MHz toward Nashua, Mo., and 6375.15 6404.80 MHz toward Willis, Tex. Location: 4 miles southeast of Mossy Grove, Tex. MHz toward Warrensburg, Mo. Location: 3 miles northwest of Odessa, Mo. 2993- C1-P-70—Data Transmission Co. (New), 6152.8 MHz toward Mossy Grove, Tex., and 30,21-Cl-P-70—Data Transmission Co. (New), 6123.11 MHz toward Odessa, Mo., and 6197.24 6286.2 MHz toward Spring, Te^. Location: 1 mile northwest of Willis, Tex. MHz toward Sedalia, Mo. Location: 3 miles northwest of Burtville, Mo. 2994- C1—P—70—Data Transmission Co. (New), 6034.2 MHz toward Willis, Tex., and 6360.3 3022- C1—P—70—Data Transmission Co. (New), 5945.20 MHz toward Warrensburg, Mo., and MHz toward Houston, Tex. Location: 3.8 miles west of Spring, Tex. 6226.89 MHz toward Tipton, Mo. Location: 2.7 miles north of Sedalia, Mo. 2995- C1-P-70—Data Transmission Co. (New), 6108.3 MHz toward Spring, Tex. Location: 3023- C1-P-70—Data Transmission Co. (New), 5974.85 MHz toward Sedalia, Mo., and 6404.80 Houston National Gas Building, 1200 Travis Street, Houston, Tex. MHz toward Ashland, Mo. Location: 3.4 miles north of Tipton, Mo. 2996- C1-P-70—Data Transmission Co. (New), 6093.46 MHz toward Weatherford, Tex., and 3024- C1-P-70—Data Transmission Co. (New), 6152.76 MHz toward Tipton, Mo., and 6375.15 NOTICES 6004.50 MHz toward Jim Ned Lookout, Tex. Location: 1.5 miles northwest of Agnes, Tex. MHz toward St. Aubert, Mo. Location: 1.7 miles northwest of Ashland, Mo. 2997- Cl—P—70—Data Transmission Co. (New), 6256.54 MHz toward Skeen Peak, Tex., and 3025- C1-P-70—Data Transmission Co. (New), 5989.7 MHz toward Ashland, Mo. and 6152.760 6375.15 MHz toward Oscar, Okla. Location: 1 mile southwest of Dye, Tex. MHz toward Hermann, Mo. Location: 2.2 miles southeast of St. Aubert, Mo. 2998- Cl—P—70—Data Transmission Co. (New), 6123.11 MHz toward Jim Ned Lookout, 3026- C1-P-70—Data Transmission Co. (New), 6404.800 MHz toward St. Aubert, Mo., and Okla., and 6093.46 MHz toward Velma, Okla. Location: 1.1 miles northwest of Oscar, Okla. 6360.297 MHz toward Fox Creek, Mo. Location: 1.4 miles southeast of Hermann, Mo. 2999- C1—P-70—Data Transmission Co. (New), 6345.50 MHz toward Oscar, Okla., and 5974.85 3027- C1-P-70-—Data Transmission Co. (New), 6108.3 MHz toward Hermann, Mo., and 6034.2 MHz toward Rush Springs,- Okla. Location: 2.0 miles southwest of Velma, Okla. MHz toward St. Louis, Mo. Location: 2.6 miles southeast of Oetters, Mo. 3000- C1-P-70—Data Transmission Co. (New), 6226.89 MHz toward Velma, Okla., and 6375.15 3028- C1-P-70—Data Transmission Co. (New), 6241.7 MHz toward Fox Creek, Mo. Location: MHz toward Bridge Creek, Okla. Location: 2.1 miles northeast of Rush Springs, Okla. The Laclede Gas Building, Eighth and Olive Streets, St. Louis, Mo. 3001- C1-P-70—Data Transmission Co. (New), 6123.11 MHz toward Rush Springs, Okla., and 3029- C1-P-70—Data Transmission Co. (New), 6049.000 MHz toward Barada, Nebr., and 6286.19 MHz toward El Reno, Okla. Location: 4:2 miles southeast of Water, Okla. 5989.598 MHz toward Leavenworth, Kans. Location: 2.7 milesmorthwest of Blair, Kans. 3002- Cl—P—70—Data Transmission Co. (New), 6034.15 MHz toward Bridge Creek, Okla., and 3030- C1-P-70—Data Transmission Co. (New), 6375.150 MHz toward Paul, Nébr., and 6330.598 6404.80 MHz toward Guthrie, Okla., and 5974.80 MHz toward Oklahoma City, Okla. Loca­ MHz toward Blair, Kans. Location: 3.1 miles northeast of Barada, Nebr. tion: 4.8 miles northeast of El Reno, Okla. 3031- C1-P-70—Data Transmission Co. (New), 6256.54 MHz toward Mills, Iowa, and 6123.11 3003- C1—P-70—Data Transmission Co. (New), 6226.9 MHz toward El Reno, Okla. Location: MHz toward Barada, Nebr. Location: 3 miles northwest of Paul, Nebr. Liberty Bank & Trust Co., 204 North Robinson Street, Oklahoma City, Okla. 3032- C1-P-70—Data Transmission Co. (New), 6404.80 MHz toward Shelby, Iowa, and 6004.50 3004- C1—P—70—Data Transmission Co. (New), 6152.76 MHz toward El Reno, Okla., and MHz toward Paul, Nebr., and 5945.20 MHz toward Omaha, Nebr. Location: 5.6 miles west 6256.54 MHz toward Perry, Okla. Location: 3 miles southeast of Guthrie, Okla. of Mineóla, Tex. 3005- Cl-P-70—Data Transmission Co. (New), 6004.50 MHz toward Guthrie, Okla., and 3033- C1-P-70—Data Transmission Co. (New), 6197.2 MHz toward Mills, Nebr. Location: 6375.15 MHz toward Camp Creek, Okla. Location: 4.5 miles southwest of Noble, Okla. W ood m a n Building, 1700 Farnam Street, Omaha, Nebr. 3006- Cl—P—70—Data Transmission Co. (New), 6123.11 MHz toward Perry, Okla., and 6034.15 3034- C1-P-70—Data Transmission Co. (New), 6123.11 MHz toward Sharon, Iowa, and 6152.76 MHz toward Wareshaw Creek, Okla. Location: 9 miles east of Glencoe, Okla. MHz toward Mills, Iowa. Location: 2.8 miles northwest of Shelby, Iowa. 3007- C1-P-70—Data Transmission Co. (New), 6286.19 MHz toward Camp Creek, Okla., and 3035- C1-P-70—Data Transmission Co. (New), 5989.691 MHz toward Dedham, Iowa, and 6404.80 MHz toward Owasso, Okla. Location: 5 miles east of Osage, Okla. 6375.15 MHz toward Shelby, Iowa, and 5945.20 MHz toward Adair, Iowa. Location: 2 miles 3008- C1—P—70—Data Transmission Co. (New), 6152.76 MHz toward Waresha Creek, Okla., northwest of Sharon, Iowa. and 6256.54 MHz toward Pryor, Okla. Location: 2.4 miles northwest of Owasso, Okla. 3036- C1-P-70—Data Transmission Co. (New), 6404.5 MHz toward Sharon, Iowa, and 6034.2 MHz toward Webster, Iowa. Location: 2 miles northeast of Adair, Iowa. 3009- Cl-P-70—Data Transmission Co. (New), 6004.50 MHz toward Owasso, Okla., and 6123.11 3037- C1-P-70—Data Transmission Co. (New), 6197.2 MHz toward Adair, Iowa, and 6345.5 MHz toward Cleora, Okla. Location: 5 miles west of Pryor, Okla. MHz toward Des Moines, Iowa. Location: 3.6 miles north of Webster, Iowa. 3010- C1—P—70—Data Transmission Co. (New), 6375.15 MHz toward Pryor, Okla., and 6256.54 3038- C1-P-70—Data Transmission Co. (New), 5945.2 MHz toward Webster, Iowa. Location: MHz toward Redings Mill, Mo. Location: 9.2 miles southeast of Vinita, Okla. Ninth at Pleasant Street, Des Moines, Iowa.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)---- C o n t i n u e d POINT-TO-POINT MICROWAVE RADIO SERVJCE (TELEPHONE CARRIER)--- C o n t i n u e d 3039- Cl-P-70—Data Transmission Co. (New), 6345.50 MHz toward Sherwood, Iowa, and 3066— Cl—P-70 Data Transmission Co. (New), 5945.2 MHz toward Tinley Park, HI. Location: 6241.00 MHz toward Sharon, Iowa. Location: 2.8 miles northwest of Dedham, Iowa. John Hancock Building, 875 North Michigan Boulevard, Chicago, 111. 3040- C1-P-70—Data Transmission Co. (New), 6197.24 MHz toward Stormlake, Iowa, and 3067— Cl—P—70—Data Transmission Co. (New), 6256.54 MHz toward Tinley Park, HI., and 6093.46 MHz toward Dedham, Iowa. Location: 0.2 mile west of Sherwood, Iowa. 6286.19 MHz toward Medaryville, Ind. Location: 4 miles northwest of Porter Crossroad 3041- Cl—P—70—Data Transmission Co. (New), 6404.80 MHz toward Webb, Iowa, and Ind. 5945.20 MHz toward Sherwood, Iowa. Location: 2.7 miles west of Stormlake. Iowa. 3068— Cl—P-70—Data Transmission Co. (New), 6049.00 MHz toward Beatrice, 6019.00 mwv 3042- Cl-P-70—Data Transmission Co. (New), 6152.76 MHz toward Stormlake, Iowa, and toward Delong, Ind. Location: 2.6 miles southwest of Medaryville, Ind. 6375.15 MHz toward Fairville, Iowa. Location: 4.8 miles northeast of Webb, Iowa. 3069— Cl-P—70—Data Transmission Co. (New), 6249.098 MHz toward Medaryville, Ind., and 3043- C1-P-70—Data Transmission Co. (New), 6093.11 MHz toward Thompson, Iowa, and 6204.691 MHz toward Gilead, Ind. Location: 1.5 miles southwest of Delong, Ind. 6123.11 MHz toward Webb, Iowa. Location: 1.4 miles south of Fairville, Iowa. 3070- C1—P-70—Data Transmission Co. (New), 6004.50 MHz toward Delong Ind., and 3044- C1-P-70—Data Transmission Co. (New), 6197.24 MHz toward Freeborn, Minn., and 6093.50 MHz toward Wawpecong, Ind. Location: 2.5 miles southwest of Gilead, Tnd. 6345.50 MHz toward Fairville, Iowa. Location: 7.9 miles northwest of Forest City, Iowa. 3071- C1-P—70—Data Transmission Co. (New), 6382.6 MHz toward Gilead, Ind., and 6197.2 3045- C1-P-70—Data Transmission Co. (New), 6375.15 MHz toward Weseca, Minn., and MHz toward Tetersburg, Ind. Location: 0.2 mile east of Wawpecong, Ind. 6343.50 MHz toward Northwood, Iowa, and 5945.20 MHz toward Thompson, Iowa. Loca­ 3072— C1—P—70—Data Transmission Co. (New), 5945.20 MHz toward Wawpecong, Ind., and tion: 4 miles southeast of Freeborn, Minn. 6375.15 MHz toward Eden, Ind. Location: 1.2 miles southwest of Tetersburg, Ind. 3046- C1-P-70—Data Transmission Co. (New), 6019.297 MHz toward Montgomery, Minn., 3073— Cl—P—70—Data Transmission Co. (New), 6034.15 MHz toward Greenwood, Ind., and and 6137.895 MHz toward Freeborn, Minn. Location: 4.5 miles northeast of Waseca, 6123.11 MHz toward Tetersburg, Ind., and 10,795 MHz toward Indianapolis, Ind. Location: Minn. 2 miles southwest of Eden, HI. 3047- C1-P-70—Data Transmission Co. (New), 6271.297 MHz toward Waseca, Minn., and 3074- C1—P—70—Data Transmission Co. (New), 11,285 MHz toward Eden, Ind. Location: One 6152.8 MHz toward Minneapolis, Minn. Location: 3 miles southeast of Montgomery, Indiana Square, Indianapolis, Ind. Minn. 3075— Cl—P—70—Data Transmission Co. (New), 6271.297 MHz toward Eden, Ind., and 5945.20 3048- C1-P-70—Data Transmission Co. (New), 6382.6 MHz toward Montgomery, Minn. MHz toward Taylor Hill, Ind. Location: 0.5 mile southeast of Greenwood, Ind. Location: IDS Center, Eighth and Nicollet Mall, Minneapolis, Minn. 3076— Cl-P—70—Data Transmission Co. (New), 6197.24 MHz toward Greenwood, Ind., and 3049- C1-P-70—Data Transmission Co. (New), 6063.61 MHz toward Bailey, Iowa, and 6315.85 MHz toward New Philadelphia, Ind., and 6404.80 MHz toward Greensburg, Ind. 6093.46 MHz toward Freeborn, Minn. Location: 1.8 miles north of Northwood, Iowa. Location: 1.7 miles northeast of Bethaney, Ind. 3050- C1-P-70—Data Transmission Co. (New), 6197.24 MHz toward Harmony, Minn., and 3077— Cl—P—70—Data Transmission Co. (New), 6123.1 MHz toward Taylor Hill (Bethaney), 6315.85 MHz toward Northwood, Iowa. Location: 2.2 miles northeast of Bailey, Iowa. Ind., and 6152-8 MHz toward Penntown, Ind. Location: 10 miles south of Greensburg, Ind. 305Í-C1-P-70—Data Transmission Co. (New), 5987.50 MHz toward Waukon, Iowa, and 3078- C1-P-70—Data Transmission Co. (New), 6375.2 MHz toward Greensburg, Ind., and

5945.20 MHz toward Bailey, Iowa. Location: 2.3 miles east of Harmony, Minn. 6315.9 MHz toward New Baltimore, Ohio. Location: 1.3 miles southeast of Penntown, Ind. NOTICES 3052- Cl—P-70—Data Transmission Co. (New), 6152.76 MHz toward Seneca, Wis., and 6241.00 3079— Cl—P—70—Data Transmission Co. (New), 5945.2 MHz toward Penntown, Ind., and MHz toward Harmony, Minn. Location: 1 mile northwest of Waukon, Iowa. 6063.8 MHz toward Maineville, Ohio, and 6093.5 MHz toward Cincinnati, Ohio. Location: 3053- C1-P-70—Data Transmission Co. (New), 6375.15 MHz toward Highland, Wls., and 2.2 miles northwest of New Baltimore, Ohio. 6404.80 MHz toward Waukon, Iowa. Location: 1 mile north of Seneca, Wis. 3080- C1—P-70—Data Transmission Co. (New), 6404.8 MHz toward New Baltimore, Ohio. 3054- C1-P-70—Data Transmission Co. (New), 6034.JL5 MHz toward Highland, Wis., and Location: Fifth and Vine Streets, Cincinnati, Ohio. 6145.297 MHz toward Brooklyn, Wis., and 5945.2 MHz toward Madison, Wis. Location: 1.3 3081— Cl-P-70—Data Transmission Co. (New), 6226.9 MHz toward New Baltimore, Ohio, miles northwest of Blue Mounds, Wis. and 6404.8 MHz toward Snow Hill, Ohio. Location: 2.5 miles southeast of Mainesville, 3055- C1-P-70—Data Transmission Co. (New), 6226.9 MHz toward Blue Mounds, Wis. Loca­ Ohio. tion : First National Bank, 1 South Pinckney Street, Madison, Wis. 3082— Cl—P-70—Data Transmission Co. (New), 6152.8 MHz toward Maineville, Ohio, and 3056- C1-P-70—Data Transmission Co. (New), 6397.395 MHz toward Blue Mounds, Wis., and 6123.1 MHz toward Yatesville, Ohio. Location: 1.5 miles northwest of Snow Hill, Ohio. 6256.54 MHz toward Bock Grove, 111. Location: 2.1 miles southeast of Brooklyn, Wis. 3083- C1—P—70—Data Transmission Co. (New), 6197.2 MHz toward Snow Hill, Ohio, and 3057- C1-P-70—Data Transmission Co. (New), 6019.297 MHz toward Brooklyn, Wls. and 6315.9 MHz toward Columbus, Ohio. Location: 1.4 miles northwest of Yatesville, Ohio. 6387.50 MHz toward Rockford, 111. Location: 2.5 miles northeast of Bock Grove, HI. 3084- C1—P-70—Data Transmission Co. (New), 5945.2 MHz toward Yatesville, Ohio. Loca­ 3058- C1-P-70—Data Transmission Co. (New), 5974.85 MHz toward Starks, HI., and 6123.11 tion: 88 East Broad Street, Columbus, Ohio. MHz toward Rock Grove, 111., and 6004.5 MHz toward Como, 111. Location: 2.5 miles north­ 3085- C1-P-70—Data Transmission Co. (New), 6019.297 MHz toward Lanesville, Ind., and east of Harlem, 111. 6049.00 MHz toward Taylor Hill, Ind. Location: 2.7 miles northwest of South Boston. 3059- C1-P-70—Data Transmission Co. (New), 6197.2 MHz toward Rockford, 111., and 6256.5 MHz toward Big Bend, Wis. Location: 2.2 miles northwest of Como, Wis. 3086- C1-P-70—Data Transmission Co. (New), 6375.15 MHz toward Garret, Ky., and 6256.54 3060- C1-P-70—Data Transmission Co. (New), 5974.8 MHz toward Como, Wls., and 5945.2 MHz toward New Philadelphia, Ind., and 6330.7 MHz toward Louisville, Ky. Location: MHz toward Milwaukee, Wis. Location: 2.2 miles northwest of Big Bend, Wis. 3.2 miles east of Lanesville, Ind. 3061- Cl—P—70—Data Transmission Co. (New), 6315.9 MHz toward Big Bend, Wis. Location: 3087- C1-P-70—Data Transmission Co. (New), 6078.7 MHz toward Lanesville, Ind, Location: 11th and State Street, Milwaukee, Wis. First National Bank, 101 South Fifth Street, Louisville, Ky. 3062- C1-P-70—Data Transmission Co. (New), 6278.797 MHz toward Blue Mounds, Wis., and 3088- Cl—P-70—Data Transmission Co. (New), 6137.50 MHz toward Lanesville, Ind., and 6123.11 MHz toward Seneca, Wis. Location: 1.4 miles north of Highland, Wis. 6212.00 MHz toward Layman Knob, Ky. Location: 2.4 miles east of Garrett, Ky. 3063- C1-P-70—Data Transmission Co. (New), 6226.89 MHz toward Rockford, 111., and 6330.691 MHz toward Wheaton, 111. Location: 1.5 miles southwest of Starks, 111. 3089— C1—P—70—Data Transmission Co. (New), 5960.00 MHz toward Garrett, Ky., and 6123.11 3064- C1-P-70—Data Transmission Co. (New), 6093.46 MHz toward Starks, 111., and 6123.11 MHz toward Nick, Ky. Location: 1.2 miles northwest of Leitchfleld, Ky. MHz toward Tinley Park, 111. Location: 1.8 miles southwest of Wheaton, HI. 3090- C1-P-70—Data Transmission Co. (New), 6360.11 MHz toward Layman Knob, Ky., and 3065- Cl-P-70—Data Transmission Co. (New), 5989.6 MHz toward Beatrice, Ind., and 6360.3 6286.19 MHz toward Pilot Knob, Ky. Location: 1.0 mile south of Nick, Ky. toward Wheaton, HI., and 6404.8 MHz toward Chicago, 111. Location: 3.0 miles west of 3091- C1-P-70—Data Transmission Co. (New), 6049.00 MHz toward Nick, Ky., and 6123.11 Tinley Park, 111. MHz toward South Tunnel, Tenn. Location: 3.3 miles northwest of Turnertown, Ky. 19849

No. 242—— 8 FEDERAL REGISTER, VOL. 34, NO. ■THURSDAY, DECEMBER 18, 1969 POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)--- C o n tin u e d POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)--- C o n tin u e d 19850 3092- C1-P-70—Data Transmission Co. (New), 6226.89 MHz toward Short Mountain, Tenn., 3114- C1—P-70—‘Data Transmission Co. (New), 5945.2 MHz toward Whitney, Ala., and and 6375.15 MHz toward Pilot Knob, Ky. Location: 1.0 mile southwest of South Tunnel, 6063.8 MHz toward Birmingham, Ala. Location: 2 miles northeast of Chalkville, Ala. Tenn. 3115- C1-P-70—Data Transmission Co. (New), 6226.9 MHz toward Chalkville, Ala. Location: 3093- C1-P-70—Data Transmission Co. (New), 6315.85 MHz toward Kelley Creek, Tenn., and Fifth Avenue and North 20th Street, Birmingham, Ala. 6108.297 MHz toward Cross Keys, Tenn., and 6152.76 MHz toward Nashville Repeater, 3116- Cl-P-70—Data Transmission Co. (New), 6367.7 MHz toward Pine Log Mountain, Ga., Tenn., and 6093.46 MHz toward Nashville Repeater, Tenn., and 5974.85 MHz toward South and 6330.7 MHz toward Oakway, S.C. Location: 2 miles southeast of Yonah, Ga. Tunnel, Tenn. Location: 3.4 miles northeast of Half Acre, Tenn. 3117- C1-P-70—Data Transmission Co. (New), 6049.0 MHz toward Pink Mountain, Ga., and 3094- C1-P-70—Data Transmission Co. (New), 6345.5 MHz toward Short Mountain, Tenn., 6011.9 MHz toward Tryon Mountain, N.C. Location: 0.8 mile northwest of Oakway, S.C. and 6404.8 MHz toward Short Mountain, Tenn., and 6197.2 MHz toward Nashville City, 3118- C1-P-70—Data Transmission Co. (New), 6241.9 MHz toward Oakway, S.C., and 6352.9 Tenn., and 6301.0 MHz toward Nashville City, Tenn. Location: 3.5 miles south of Nashville, MHz toward Olive Grove, N.C. Location: 3.2 miles southwest of Mount Valley, N.C. Tenn. 3119- C1-P-70—Data Transmission Co. (New), 5974.85 MHz toward Tryon, N.C., and 6066.0 3095- C1-P-70—Data Transmission Co. (New), 5945.2 MHz toward Nashville Repeater, MHz toward New Hope, N.C., and 6063.5 MHz toward Spencer Mountain, N.C. Location: Tenn., and 6049.0 MHz toward Nashville Repeater, Tenn. Location: Life & Casualty 4.5 miles west-northwest of Olive Grove, N.C. Insurance Building, 4th and Church Streets, Nashville, Tenn. 3120- C1-P-70—Data Transmission Co. (New), 6226.5 MHz toward Olive Grove, N.C., and 3096- C1-P-70—Data Transmission Co. (New), 6360.000 MHz toward Short Mountain, 6177.5 MHz toward Charlotte, N.C. Location: 3.9 miles southeast of Dallas, N.C. Tenn., and 6071.191 MHz toward Langford Brook, Tenn. Location: 0.9 mile northeast of 3121- C1-P-70—Data Transmission Co. (New), 5945.2 MHz toward Spencer Mountain, N.C. Cross Keys, Tenn. Location: Trylong and College Streets, Charlotte, N.C. 3097- C1-P-70—Data Transmission Co. (New), 6315.850 MHz toward Cross Keys, Tenn., 3122- C1-P-70—Data Transmission Co. (New), 6404.8 MHz toward Olive Grove, N.C., and and 6315.850 MHz toward Crowsoii Creek, Tenn. Location: 2.8 miles southwest of 6330.7 MHz toward Sauratown, N.C. Location: 2.7 miles south-southwest of New Hope, N.C. Hampshire, Tenn. 3123- C1-P-70—Data Transmission Co. (New), 5989.7 MHz toward New Hope, N.C., and 3098- C1—P-70—Data Transmission Co. (New), 6063.610 MHz toward Langford Brook, 6049.0 MHz toward Smith Mountain, N.C. Location: 2.7 miles southwest of Gap, N.C. Tenn., and 6226.890 MHz toward McGlamerys Stand, Tenn. Location: 2.6 miles southeast 3124- C1-P-70—Data Transmission Co. (New), 6290.7 MHz toward Sauratown Mountain, N.C:, of Red Hill, Tenn. and 6397.1 MHz toward Tower Hill, Va. Location: 2.7 miles north-northeast of Ajax, Va. 3099- Cl-P-70—Data Transmission Co. (New), 5974.850 MHz toward Crowson Creek, Tenn., 3125- C1-P-70—Data Transmission Co. (New), 6160.2 MHz toward Smith Mountain, Va., and and 6034.150 MHz toward Nixon, Tenn. Location: 2.6 miles southwest of McGlamerys 5997.1 MHz toward Wolf Pit Mountain, Va. Location: 3.9 miles north-northeast of Tower Stand, Tenn. Hill, Va. 3100- C1-P-70—Data Transmission Co. (New), 6286.190 MHz toward McGlamerys Stand, 3126- C1-P-70—Data Transmission Co. (New), 6264.0 MHz toward Tower Hill, Va., and 6312.1 Tenn., 6197.240 MHz toward Ramer, Tenn. Location: 2.7 miles southeast of Nixon, Tenn. MHz toward Watery Mountain, Va., and 6197.2 MHz toward Sandy Hook, Va. Location: 3101- C1-P-70—Data Transmission Co. (New), 5960.000 MHz toward Nixon, Tenn., and 2 miles south-southeast of Eastman, Va. NOTICES 6286.190 MHz toward Grand Junction, Tenn. Location: 5.3 miles northwest of Ramer, 3127- C1-P-70—Data Transmission Co. (New), 6056.4 MHz toward Wolf Pit Mountain, Va., Tenn. and 5945.2 MHz toward Richmond, Va. Location: 1 mile northeast of Sandy Hook, Va. 3102- C1-P-70—Data Transmission Co. (New), 6034.150 MHz toward Ramer, Tenn., and 3128- C1—P—70—Data Transmission Co. (New), 6256.5 MHz toward Sandy Hook, Va. Location: 6390.000 MHz toward Fisherville Lake, Tenn. Location: 1.3 miles northeast of Grand Second and Broad Streets, Richmond, Va. Junction, Tenn. 3129- C1-P-70—Data Transmission Co. (New), 6115.7 MHz toward Wolfpit Mountain, Va., 3103- C1-P-70—Data Transmission Co. (New), 6137.895 MHz toward Grand Junction, Tenn., and 5967.4 MHz toward Kabletown, Va. Location: 2 miles northwest of Bethel, Va. and 6241.700 MHz toward Memphis, Tenn. Location: 1.7 miles northwest of Elba, 3130- C1-P-70—Data Transmission Co. (New), 6223.23 MHz toward Watery Mountain, Va., Tenn. and 6130.5 MHz toward Front Mountain, Pa., and 10,795 MHz toward Waterford, Va. Loca­ 3104- C1-P-70—Data Transmission Co. (New), 5989.7 MHz toward Fisherville Lake, Tenn. tion: 4.2 miles northwest of Round Hill, Va. Location: Sterick Building, Memphis, Tenn. 3131- C1-P-70—Data Transmission Co. (New), 11,245 MHz toward Kabletown, Va.i and 11,405 3105- C1-P-70—Data Transmission Co. (New), 6028.598 MHz toward Fairyland, Ga., and MHz toward Darnestown, Md. Location: 2 miles east of Waterford, Va. 6071.191 MHz toward Short Mountain, Tenn. Location: 2.4 miles southeast of Palmer, 3132- C1-P-70—Data Transmission Co. (New), 10,875 MHz toward Wateford, Va., and 10,955 Tenn. MHz toward Wheaton, Md. Location: 2 miles southwest of Darnestown, Md. 3106- C1-P-70—Data Transmission Co. (New), 6212.000 MHz toward Rocky Face Mountain, 3133- Cl-P-70—Data Transmission Co. (New), 11,565 MHz toward Darnestown, Md., and Ga., and 6330.691 MHz toward Kelley Creek, Tenn. Location: 1.5 miles southwest of 11,685 MHz toward Oakland Mills, Md. Location: Wheaton Plaza, Wheaton, Md. Fairyland, Ga. 3134^Cl-P-70—Data Transmission Co. (New), 10,835 MHz toward Wheaton, Md., and 10,755 3107- C1-P-70—Data Transmission Co. (New), 6390.000 MHz toward Pine Log Mountain, Ga., MHz toward Baltimore, Md. Location: 1.3 miles south of Oakland Mills, Md* and 5960.000 MHz toward Fairyland, Ga. Location: 1.4 miles northeast of Mill Creek, Ga. 3135- C1-P-70—Data Transmission Co. (New), 11,115 MHz toward Oakland Mills, Md. Loca­ 3108- C1-P-70—Data Transmission Co. (New), 6037.50 MHz toward Rocky Face Mountain, tion: Baltimore Street and Hopkins Place, Baltimore, Md. Ga., and 5974.2 MHz toward Lindale, Ga., and 6123.1 MHz toward Sweetwater Creek, Ga„ 3136- C1-P-70—Data Transmission Co. (New), 6256.5 MHz toward Overview, Pa., and 6382.6 and 6108.3 MHz toward Pink Mountain, Ga. Location: 4 miles southeast of Rydal, Ga. MHz toward Kabletown, Va., and 6315.9 MHz toward Crystal Spring, Pa. Location: 2.5 3109- C1-P-70—Data Transmission Co. (New), 6345.5 MHz toward Pine Log Mountain, Ga., miles northwest of Edenville, Pa. and 6315.9 MHz toward Atlanta, Ga. Location: 0.3 mile east of Sweetwater Creek, Ga. 3137- C1-P-70—Data Transmission Co. (New), 6093.5 MHz toward Front Mountain, Pa., and 3110- C1-P-70—Data Transmission Co. (New), 6063.8 MHz toward Sweetwater Creek, Ga. 6063.8 MHz toward Downey, Pa. Location: 3.3 miles southeast of Crystal Spring, Pa. Location: Peachtree Center Complex, Peachtree and Cain Streets, Atlanta, Ga. 3138- Cl—P—70—Data Transmission Co. (New), 6226.9 MHz toward Crystal Spring, Pa., and 3111- C1-P-70—Data Transmission Co. (New), 6404.8 MHz toward Pine Log Mountain, Ga., 6404.8 MHz toward Jones Mill, Pa. Location: 2.7 miles southeast of Downey, Pa. and 6226.9 MHz toward Pine Grove, Ala. Location: 4.5 miles southwest of Lindale, Ga. 3112- C1-P-70—Data Transmission Co. (New), 6152.8 MHz toward Lindale, Ga., and 6034.2 3139- C1-P-70—Data Transmission Co. (New), 6004.5 MHz toward Downey, Pa., and 6152.8 MHz toward Whitney, Ala. Location: 2 miles southeast of Pine Grove, Ala. MHz toward Arona, Pa. Location: 2.7 miles southeast of Jones Mill, Pa. 3113- C1-P-70—Data Transmission Co. (New), 6197.2 MHz toward Pine Grove, Ala., and 3140- C1-P-70—Data Transmission Co. (New), 6197.2 MHz toward Jones Mill, Pa., and 6345.5 MHz toward Chalkville, Ala. Location: 3 miles north of Whitney, Ala. 6315.9 MHz toward Pittsburgh, Pa. Location: 1.3 miles east of Arona, Pa.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)-----C ontinued POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)--- C o n tin u e d 3141- C1-P—70—Data Transmission Co. (New), 5945.2 MHz toward Arona, Pa., and 5974.8 3168- C1—P—70—Data Transmission Co. (New), 6123.11 MHz toward Wachusetts Mountain, MHz toward Georgetown, Pa. Location: U.S. Steel-Mellon Building, 525 William Penn Mass., and 5960.0 MHz toward Boston, Mass. Location: 1.3 miles northwest of Nobscot, Place, Pittsburgh, Pa. Mass. 3142- Cl-P-70—Data Transmission Co. (New), 6197.2 MHz toward Pittsburgh, Pa., and 3169- C1-P—70—Data Transmission Co. (New), 6293.0 MHz toward Nobscot Hill, Mass. 6404.8 MHz toward Salem, Ohio. Location: 1.1 miles southeast of Georgetown, Pa. Location: 1 Beacon Street, Boston, Mass. 3143- C1-P-70—Data Transmission Co. (New), 6093.5 MHz toward Georgetown, Pa., and 3333- C1-P-70—American Telephone & Telegraph Co. (KG083), C.P. to add frequencies 3730 6152.8 mttp: toward Shalersville, Ohio. Location: 1.5 miles southwest of Salem, Ohio. and 4130 MHz toward Coopers Rock, W. Va. Location: 3.6 miles north of Sycamore, Pa. 3144- C1-P—70—Data Transmission Co. (New), 6345.5 MHz toward Salem, Ohio, and 6315.9 3334- Cl-P—70—American Telephone & Telegraph Co. (New), C.P. for a new fixed station to be MHz toward Cleveland, Ohio. Location: 0.6 mile north of Shalersville, Ohio. located at Coopers Rock, 1.3 miles northwest of Pisgah, W. Va. Frequencies 3770 and 4170 3145- C1-P-70—Data Transmission Co. (New), 6034.2 MHz toward Shalersville, Ohio, and MHz toward Sycamore, Pa., and Fellowsville, W. Va. 6063.8 MHz toward Amherst, Ohio. Location: Terminal Tower, Cleveland, Ohio. 3335- C1—P—70—American Telephone & Telegraph Co. (New), C.P. for a new fixed station to be 3146- C1-P-70—Data Transmission Co. (New), 6226.9 MHz toward Cleveland, Ohio, and located at 2.5 miles east-southeast of Fellowsville, W. Va. Frequencies 3730 and 4130 MHz 6375.2 MHz toward Castalia, Ohio. Location: 2 miles southwest of Amherst, Ohio. toward Coopers Rock, W. Va. 3147- Cl—P—70—Data Transmission Co. (New), 6152.8 MHz toward Amherst, Ohio, and 6123.1 3336- Cl—P—70—Missouri Telephone Co. (KPP78), C.P. to change frequencies from 6182.4 mttp: toward Williston, Ohio. Location: 2.6 miles southwest of Castalia, Ohio. and 6301.0 MHz to 6241.72 and 6360.32 MHz. Location: Near State Highway No. 14, 1 mile 3148- C1—P—70—Data Transmission Co. (New), 6286.2 MHz toward Castalia, Ohio, and south of Ozark, Mo. 6404.8 MHz toward Oldport, Mich. Location: 1.3 miles southwest of Williston, Ohio. 3337- C1—P—70—Missouri Telephone Co. (KPP80), C.P. to change frequencies from 6019.3 3149- C1-P-70—Data Transmission Co. (New), 6093.5 MHz toward Williston, Ohio, and and 6137.9 MHz to 5960.02 and 6078.63 MHz toward Ozark; change from 6049.0 and 6167.6 6152.8 MHz toward Detroit, Mich. Location: 3.1 miles southwest of Oldport, Mich. MHz to 6019.33 and 6137.94 MHz toward Rockaway Beach; change from 5989.6 and 6108.3 3150- Cl-P-70—Data Transmission Co. (New), 6345.5 MHz toward Oldport, Mich. Location: MHz to 5989.68 and 6108.28; change from 5960.0 and 6078.6 MHz to 5974.85 and 6093.46 MHz Cadillac Tower, Cadillac Square and Bates Street, Detroit, Mich. toward Blue Eye; add frequencies 6048.98 and 6167.59 MHz toward Branson Terminal, Mo.; 3151- C1-P-70—Data Transmission Co. (New), 5997.098 MHz toward Eagle Peak, Pa., and replace transmitters and change the antenna system. Location: 3.5 miles north-northwest 6004.50 MHz toward Front Mountain, Pa. Location: 4.5 miles west of Overview, Pa. of Branson, Mo. 3152- Cl-P-70—Data Transmission Co. (New), 6115.68 MHz toward Palmerton, Pa., and 3338- C1-P-70—Missouri Telephone Co. (New), C.P. for a new fixed station to be located at 6245.79 MHz toward Overview, Pa., and 10,795 MHz toward Welsh Mountain, Pa. Location: Branson Terminal, on Highway 76, approximately 0.5 mile west of Branson, Mo. 1 mile southwest of Womelsdorf, Pa. 3339- C1-ML-70—Missouri Telephone Co. (KPP77), Modification of license to change 3153- C1-P-70—Data Transmission Co. (New), 11,325 MHz toward Eagle Peak, Pa., and frequencies from 6241.7 and 6360.3 MHz to 6197.24 and 6315.85 MHz. Location: West of 11,245 MHz toward Guthriesville, Pa. Location: 2.2 miles southeast of East Earl, Pa. Highway No. 13, north of Blue Eye, Mo. 3154- C1-P-70—Data Transmission Co. (New), 10,995 MHz toward Welsh Mountain, Pa., 3340- C1-ML-70—Missouri Telephone Co. (KPP79), Modification of license to change NOTICES and 10,875 MHz toward Sugartown, Pa. Location: 1.2 miles southeast of Guthriesvllle, Pa. frequencies from 6271.3 and 6390.0 MHz to 6301.02 and 6404.8 MHz toward (near) 3155- C1-P-70—Data Transmission Co. (New), 11,405 MHz toward Guthriesvllle, Pa., and Branson, Mo. Location: Near the Exchange Building, on Venus Avenue, Rockaway 11,325 MHz toward Philadelphia, Pa. Location: 1.2 miles southeast of Sugartown, Pa. Beach, Mo. 3156- Cl-P—70—Data Transmission Co. (New), 10,715 MHz toward Sugartown, Pa. Loca­ 3347- C1-P-70—Bell Telephone Co. of Nevada (KPF88), C.P. to replace transmitters operat­ tion: 2000 Market Street Building, Philadelphia, Pa. ing on frequencies 6004.6 and 6123.1 MHz toward Fallon, Nev. Location: Eagle Ridge, 3157- Cl—P-70—Data Transmission Co. (New) , 6367.691 MHz toward Eagle Peak, Pa., and 8.8 miles southwest of Fernley, Nev. 6226.890 MHz toward Hackettstown, N.J. Location: 3.5 miles southwest of Palmerton, Pa. 3348- C1-P-70—The Mountain States Telephone & Telegraph Co. (KOV63), C.P. to add 3158- C1-P-70—Data Transmission Co. (New), 6063.61 MHz toward Cragsmoor, N.Y., and frequencies 3730 and 3810 MHz toward Towers Mountain, Ariz. Location: 228 West 6004.50 MHz toward Palmerton, Pa. Location: 2 miles southwest of Hackettstown, N.J. Adams Street, Phoenix, Ariz. 3159- C1-P-70—Data Transmission Co. (New), 6315.85 MHz toward Hackettstown, N.J., and 3349- C1-P-70—The Mountain States Telephone & Telegraph Co. (New), C.P. for a new 6390.00 MHz toward Mount Everett, Mass., and 5945.20 MHz toward Cold Springs, N.Y. fixed station to be located at Towers Mountain, 3.4 miles northwest of Crown King, Location: 1.8 miles northeast of Cragsmoor, N.Y. Ariz. Frequencies 4170 and 4090 MHz toward Phoenix, Ariz.; 5989.7 and 11405 MHz 3160- C1-P—70—Data Transmission Co. (New), 6197.24 MHz toward Cragsmoor, N.Y., and toward Wickenburg, Ariz. (passive reflector) and 4150 and 4070 MHz toward Mount 6256.54 MHz toward East Irvington, N.Y. Location: 1 mile northwest of Nelsonville, N.Y. Francis, Ariz. 3161- C1-P-70—Data Transmission Co. (New), 6034.15 MHz toward Cold Springs, N.Y., and 3350- C1-P-70—The Mountain States Telephone & Telegraph Co. (New), C.P. for a new 6390.00 MHz toward New York, N.Y. Location: 0.5 mile northeast of East Irvington, N.Y. fixed station to be located at 54 North Frontier Street, Wickenburg, Ariz. Frequencies 3162- C1-P-70—Data Transmission Co. (New), 6138.0 MHz toward East Irvington, N.Y. 6241.7 and 10,955 MHz toward Wickenburg, Ariz. (passive reflector). Location: 38 Waldo Avenue, Riverdale, N.Y. 3351- C1-P-70—The Mountain States Telephone & Telegraph Co. (New), C.P. for a new 3163- Cl—P—70—Data Transmission Co. (New), 6026.5 MHz toward Cragsmoor, N.Y., and fixed station to be located at Mount Francis, 5.3 miles southwest of Prescott, Ariz. 6226.89 MHz toward West Farms, Mass. Location: 4.1 miles southwest of Sheffield, Mass. Frequencies 3810 and 3730 MHz toward Prescott, Ariz., and 3790 and 3710 MHz toward 3164- C1-P-70—Data Transmission Co. (New), 5974.85 MHz toward Mount Everett, Mass., and Towers Mountain, Ariz. 6404.80 MHz toward Wachusetts Mountain, Mass., and 6070.00 MHz toward Talcott 3352- C1-P-70—The Mountain States Telephone & Telegraph Co. (KPL23), C.P. to add Mountain, Conn. Location: 1 mile northwest of West Farms, Mass. frequencies 4170 and 4090 MHz toward Mount Francis, Ariz. Location: 140 North 3165- C1-P-70—Data Transmission Co. (New), 6322.0 MHz toward West Farms, Mass., and Marina Street, Prescott, Ariz. 6123.11 MHz toward Hartford, Conn. Location: 2 miles northeast of Avon, Conn. 3354- C1-P-70—General Telephone Co. of the Northwest (New), C.P. for a new fixed 3166- C1-P-70—Data Transmission Co. (New), 6356.0 MHz toward Talcott Mountain, Mass. station to be located at Kalispell Bay, 4.5 miles south of Nordman, Idaho. Frequencies Location: 750 Main Street, Hartford, Conn. 11,365 and 11,685 MHz toward Bald Mountain, Idaho (double passive). 3167- C1-P-70—Data Transmission Co. (New), 6152.76 MHz toward West Farms, Mass., and 3355- C1-P-70—General Telephone Co. of the Northwest Inc. (KOU44), C.P. to add frequencies 6375.15 MHz toward Nobscot Hill, Mass. Location: 2.8 miles northwest of East Princeton, 10,835 and 11,155 MHz toward Kalispell Bay, Idaho via double passive. Location: 202 Cedar

Mass. Street, Sandpoint, Idaho. 19851

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19852 NOTICES

POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)--- C o n tin u e d additional funds in order to be financially 3356- C1-P-70—American Telephone & Telegraph Co. (KLN72), C.P. to add frequenciesqualified. In -addition, the applicant’s 3710, 3790, and 4190 MHz toward Brickeys, Ark. Location: 7 miles northeast of Forrest cash needed figure must be increased to City, Ark. the extent that principal and interest 3357- C1—P-70—American Telephone & Telegraph Co. (New), C.P. for a new fixed station to payments are required during the first be located at 5.2 miles southeast of Brickeys, Ark. Frequencies 3750, 3830, and 4198 MHz year of operation in connection with any toward Forrest City, Ark., and 3750 and 3830 MHz toward Arkabutla, Miss. additional funds used to finance the 3358- C1-P-70—American Telephone & Telegraph Co. (KTG40), C.P. to add frequenciesstation. Accordingly, appropriate issues 3710 and 3790 MHz toward Brickeys, Ark. Location: 1 mile southwest of Arkabutla, Miss. have been specified. 3361-C1-MP-70—Puerto Rico Communications Authority (WWR68), Modification of con­ 6. In Suburban Broadcasters, 30 FCC struction permit (4848-C1-P-69) to change frequency 11,645 MHz to 11,565 MHz toward 1020, 20 RR 951 (1961); our public notice Aguas Buenas, P.R. Station Location: San Juan, P.R. (WWR68). of August 22, 1968 (FCC 68-847), 13 RR [F.R. Doc. 69-15014; Filed, Dec. 17, 1969; 8:48 a.m.] 2d 1903; and City of Camden (WCAM), 18 FCC 2d 412 (1969), we indicated that applicants were expected to provide full [Docket Nos. 18759-18761; FCC 69-1335] fied to construct and operate the pro­ information on their awareness of and RKO GENERAL, INC., ET AL. posed station. It should be noted that the responsiveness to local community needs cash needed figure must be increased to and interests. We find that all of the ap­ Order Designating Applications for the extent that it will be necessary for plicants have satisfactorily complied with Consolidated Hearing on Stated Community to make any repayments of these requirements. principal and interest during the first Issues 7. On March 2, 1967, the Department year of operation in connection with any of Justice filed a civil action in the U.S. In regard applications of; RKO Gen­ additional sources of funds used to District Court for the Northern District eral, Inc. (WNAC-TV), Boston, Mass., finance the construction and operation of of Ohio against the General Tire and Docket No. 18759, File No. BRCT-63, for the station. Accordingly, appropriate Rubber Co. and three of its subsidiaries, renewal of broadcast license; Community financial issues have been specified. including RKO, alleging violations of sec­ Broadcasting of Boston, Inc., Boston, 4. The transmitter proposed by Com­ tions 1 and 2 of the Sherman Antitrust Mass, Docket No. 18760, File No. BPCT- munity has not been type accepted by Act, 15 U.S.C. sections 1 and 2.2 The com­ 4198, The Dudley Station Corp., Boston, the Commission. Accordingly, in the plaint alleged that the defendants have Mass., Docket No. 18761, File No. BPCT- event of a grant of Community’s applica­ conspired to force suppliers from which 4277, for construction permit for new tion, the grant shall be made subject to the defendants buy products to purchase television broadcast station. the condition that, prior to licensing, the products and services from General Tire 1. The Commission has before it for permittee shall submit acceptable data and the three subsidiaries.3 The civil consideration the above-captioned appli­ for type acceptance of the proposed action seeks, in part, to have these prac­ cations, one requesting a renewal of transmitter in accordance with § 73.640 tices enjoined as monopolistic activities license to operate on channel 7, Boston, of the Commission’s rules. in violation of section 2 of the Sherman Mass., and each of the other two request­ 5. Based on information contained in Antitrust Act. Evidence with respect to ing a construction permit for a new the application of The Dudley Station these alleged anticompetitive practices television broadcast station to operate on Corp. (Dudley), at least $4,794,738 will be may be adduced under the standard com­ channel 7, Boston, Mass. needed for the construction and first 3 parative issue, and as in the KHJ-TV 2. Based on the information contained months cost of operation of the proposed proceeding in Docket No. 16679, we are in the application of Community Broad­ station, consisting of down payment on specifying a disqualification issue against casting of Boston, Inc. (Community), at equipment to RCA—$885,500; payments RKO on our own motion. Official notice least $4,259,276 will be needed for the on equipment including interest— can be taken of the record in the KHJ- construction and first 3 months cost of $892,138; cost of transmitter—$91,000;1 TV proceeding, and only new or addi­ operation of the proposed station, con­ land and buildings—$523,000; other tional evidence not adduced in that sisting of down payment on equipment— items—$907,000; first 3 months cost of proceeding may be adduced in this pro­ $598,226; payments on equipment includ­ operation—$1,496,100. To meet the cash ceeding. In addition, we shall provide ing interest—$573,550; other items— requirements, Dudley indicates that it that in the event of a grant of RKO’s $500,000; payments on bank loan includ­ has already obtained the proceeds of a application, such grant shall be made ing interest—$837,500; first 3 months $30,000 loan from the Cambridge Trust subject to whatever action the Commis­ cost of operation—$1,750,000. Since the Co., a $1,000 loan from stockholder Henry sion deems appropriate either as a result Commission’s TV Broadcast Financial M. Morgan and $3,430 from the sale of of developments and findings arising in Data Report for 1968 reveals that the its stock. To substantiate the availability any proceeding involving Docket No. Boston television broadcast stations gen­ of these funds, the applicant has sub­ 16679, or the pending civil action in erated revenues on an average in excess mitted a balance sheet that shows $20,174 United States v. General Tire and Rubber of Community’s anticipated first-year in cash and $14,256 in prepaid expenses Co. et al. operating costs ($7 million), the cash that are included in the applicant’s 8. Except as indicated by the issues needed figure has been computed on the estimated construction costs, for a total set forth below, RKO General, Inc., is basis of requiring that Community dem­ of $34,430. However, the terms of the qualified to own and operate television onstrate the availability of cash to meet $30,000 bank loan provide that the loan station WNAC-TV and except as indi­ the first 3 months of operating costs until be repaid by November 28, 1969. While cated by the issues set forth below, Com­ the previously established revenues can Dudley has indicated that it has received munity Broadcasting of Boston, Inc., and be generated. reasonable assurance that the loan will the Dudley Station Corp. are qualified to 3. To meet its cash needed require­ be extended in 6-month increments, in construct, own and operate the proposed ments, Community has established the the absence of a commitment from the new television broadcast station. The availability of a $2,500,000 bank loan bank to that effect, we cannot determine applications are, however, mutually ex­ from the State Bank and Trust Co., whether the applicant has any funds clusive in that operation by the appli­ Boston, Mass., $405,000 in stock sub­ available to finance the construction and cants as proposed would result in scriptions agreements, $8,490 in cash and first 3 months cost of operation of the $41,510 in prepaid expenses, which ex­ proposed station. Moreover, even assum­ 2 United States v. The General Tire and penses are included in Community’s ing the availability of all the funds upon Rubber Co., Aerojet General Corp., A. M. estimated construction costs, for a total which the applicant relies, it will still Byers Co., and RKO General Inc. (No. 6-67- of $2,955,000. While the applicant has have to demonstrate the availability of 155). established the availability of all the 3 The allegations of anticompetitive prac­ tices are now before the Commission in funds upon which it relies, it will still 1 While Dudley indicates that it will rely onDocket No. 16679, in connection with the have to demonstrate the availability of a deferred credit plan from Ampex Corp. to renewal of RKO’s license to operate Tele­ at least $1,304,276 in additional funds in finance the purchase of its transmitter, no vision Broadcast Station KHJ-TV, Los order to be considered financially quali­ such plan has been submitted. Angeles, Calif.

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 NOTICES 19853

mutually destructive interference. The 11. It is further ordered, That in the eral R egister. Failure seasonably to file Commission is, therefore, unable to make event of a grant of the application of a protest will be construed as a waiver of the statutory finding that a grant of the RKO General, Inc., the grant shall be opposition and participation in the pro­ applications would serve the public in­ subject to whatever action the Commis­ ceeding. A protest under these rules terest, convenience and necessity, and is sion may deem appropriate as a result of should comply with section 247(d) (3) of of the opinion that they must be desig­ developments and findings arising in the the rules of practice which requires that nated for hearing in a consolidated pro­ pending civil action of United States of it set forth specifically the grounds upon ceeding on the issues set forth below. America v. The General Tire and Rubber which it is made, contain a detailed Since this is a renewal-new applicant Co., Aerojet General Corp., A. M. Byers statement of protestant’s interest in the proceeding, RKO’s past broadcast record Co., and RKO General, Inc. (No. 6-67- proceeding (including a copy of the during the previous license term, favor­ 155), filed March 2, 1967, in the U.S. specific portions of its authority which able and unfavorable, will be relevant, District Court for the Northern District protestant believes to be in conflict with Hearst Radio, Inc., 15 F.C.C. 1149, 6 R.R. of Ohio and, further, is subject to what­ that sought in the application, and de­ 994 (1951). ever action the Commission may deem scribing in detail the method—whether 9. It is ordered, That, pursuant to sec­ appropriate as a result of developments by joinder, interline, or other means—by tion 309(e) of the Communications Act and findings arising in the pending FCC which protestant would use such author­ of 1934, as amended, the above-captioned proceeding in Docket No. 16679. ity to provide all or part of the service applications of RKO General, Inc., Com­ 12. It is further ordered, That, to avail proposed), and shall specify with par­ munity Broadcasting of Boston, Inc., and themselves of the opportunity to be the Dudley Station Corp. are designated ticularity the facts, matters, and things for hearing in a consolidated proceeding heard, the applicants herein pursuant to relied upon, but shall not include issues at a time and place to be specified in a § 1.221(c) of the Commission’s rules, in or allegations phrased generally. Protests subsequent order, upon the following person or by attorney, shall within, not in reasonable compliance with the issues : twenty (20) days of the mailing of this requirements of the rules may be re­ 1. To determine with respect to the ap­ order, file with the Commission, in tripli­ jected. The original and one copy of the plication of Community Broadcasting of cate, a written appearance stating an protest shall be filed with the Commis­ Boston, Inc.: intention to appear on the date fixed sion, and a copy shall be served concur­ (a) How the applicant will obtain suf­ for the hearing and present evidence on rently upon applicant’s representative, ficient additional funds to be used for the issues specified in this order. or applicant if no representative is the construction and first 3 months op­ 13. It is further ordered, That the named. If the protest includes a request eration of the station. applicants herein shall, pursuant to for oral hearing, such requests shall meet (b) In view of the evidence adduced section 311(a)(2) of the Communica­ the requirements of section 247(d) (4) of under issue “a”, the extent, if any, to tions Act of 1934, as amended, and the special rules, and shall include the which the applicant’s cash requirements § 1.594 of the Commission’s rules, give certification required therein. will be increased. notice of the hearing within the time Section 247(f) of the Commission’s (c) Whether, in view of the evidence and in the manner prescribed in such rules of practice further provides that adduced under the preceding issues, the rule, and shall advise the Commission each applicant shall, if protests to its ap­ applicant is financially qualified. of the publication of such notice as plication have been filed, and within 60 2. To determine with respect to the required by § 1.594(g) of the rules. days of the date of this publication, application of the Dudley Station Corp. : Adopted: December 3, 1969. notify the Commission in writing (1) (a) How the applicant will obtain that it is ready to proceed and prosecute sufficient funds to be used for the con­ Released: December 11,1969. the application, or (2) that it wishes to struction and first 3 months operation of F ederal Communications withdraw the application, failui-e in the station. Commission,4 which the application will be dismissed (b) In view of the evidence adduced Cseal] B en F. Waple, by the Commission. under issue “a”, the extent, if any, to Secretary. Further processing steps (whether which the applicant’s cash requirements [F.R. Doc. 69—15015; Filed, Dec. 17, 1969; modified procedure, oral hearing, or will be increased. 8:48 a.m.] other procedures) will be determined (c) Whether, in view of the evidence generally in accordance with the Com­ adduced under the preceding issues, the mission’s General Policy Statement Con­ applicant is financially qualified. cerning Motor Carrier Licensing Proce­ 3. To determine with respect to INTERSTATE COMMERCE dures, published in the F ederal R egister the application of RKO General, Inc., issue of May 3, 1966. This assignment whether in view of the evidence concern­ COMMISSION will be by Commission order which will ing alleged anticompetitive practices by [Notice 1360] be served on each party of record. RKO General, Inc., or its parent corpo­ The publications hereinafter set forth ration, General Tire and Rubber Co., MOTOR CARRIER, BROKER, WATER reflect the scope of the applications as RKO General, Inc., should be disquali­ CARRIER, AND FREIGHT FOR­ filed by applicants, and may include de­ fied to remain a licensee of the Commis­ WARDER APPLICATIONS scriptions, restrictions, or limitations sion or if not so disqualified, whether which are not in a form acceptable to a comparative demerit should be assessed D ecember 12, 1969. the Commission. Authority which ulti­ against it in this proceeding. The following applications are gov­ mately may be granted as a result of the 4. To determine which of the pro­ erned by Special Rule 2471 of the Com­ applications here noticed will not posals would best serve the public mission’s general rules of practice (49 necessarily reflect the phraseology set interest. CFR 1100.247 as amended), published in forth in the application as filed, but also 5. To determine, in light of the evi­ the F ederal R egister issue of April 20, will eliminate any restrictions which are dence adduced pursuant to the above 1966, effective May 20, 1966. These rules not acceptable to the Commission. issues, which, if any, of the applications provide, among other things, that a pro­ No. MC 730 (Sub-No. 319), filed should be granted. test to the granting of an application 10. It is further ordered, That, in the must be filed with the Commission' within November 24, 1969. Applicant: PACIFIC event of a grant of the application of 30 days after date of notice of filing of INTERMOUNTAIN EXPRESS, CO., a Community Broadcasting of Boston, Inc., the application is published in the F ed- corporation, 1417 Clay Street, Oakland, such application shall be granted sub­ Calif. 94604. Applicant’s representative: ject to the condition that, prior to licens­ Earl J. Brooks (same address as appli­ ing, the permittee shall submit accept­ * Commissioner H. Rex Lee abstaining from é e data for type acceptance of its voting. cant). Authority sought to operate as a 1 Copies of Special Rule 247 (as amended) common carrier, by motor vehicle, over Proposed transmitter in acordance with can be obtained by writing to the Secretary, Jhe requirements of section 73.640 of the Interstate Commerce Commission, Washing­ regular routes, transporting: General commission’s rules. ton, D.C. 20423. commodities (except those of unusual

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19854 NOTICES value, classes A and B explosives, house­ Calif., to points in Nevada and Arizona. and B explosives, household goods as hold goods as defined by the Commission, N ote: Applicant states that the re­ defined by the Commission, commodities commodities in bulk, and those requiring quested authority cannot be tacked with in bulk, and those requiring special special equipment), serving the plant- its existing authority. If a hearing is equipment) , (I) Regular route: Between site of National Lead Co., located ap­ deemed necessary, applicant requests it Red Lion, Southampton Township, N.J., proximately 12 miles north of Timpie, be held at Phoenix or Tucson, Ariz. and New York, N.Y.: From the junction Tooele County, Utah, as an off-route No. MC 14786 (Sub-No. 15), filed No­ of New Jersey Highway 70 and U.S. High­ point in connection with applicant’s vember 5, 1969. Applicant: GREY­ way 206 (known as the Red Lion Circle) HOUND VAN LINES, INC., 13 East Lake over U.S. Highway 206 to junction of U.S. authorized regular route operations, Highway 130, thence over U.S. Highway serving no intermediate points. N ote : If Street, Northlake, 111. 60164. Applicant’s a hearing is deemed necessary, applicant representatives: Eugene T. Liipfert, Suite 130 to junction with U.S. Highway 1, requests it be held at Salt Lake City, 1100, 1660 L Street NW., Washington, thence over U.S. Highway 1 to New York, Utah, or San Francisco, Calif. D.C. 20036 and Robert J. Bernard, 10 N.Y., and return over the same route, South Riverside Plaza, Chicago, 111. serving no intermediate points, but serv­ No. MC 2900 (Sub-No. 184), filed ing the off-route points in the New York, November 21, 1969. Applicant: RYDER 60606. Authority sought to operate as a common carrier, by motor vehicle, over N.Y., commercial zone, as defined by the TRUCK LINES, INC., 2050 Kings Road, Commission; and (II) Irregular route: Jacksonville, Fla. 32203. Applicant’s rep­ irregular routes, transporting: House­ hold goods as defined in Practices of between Red Lion, Southampton Town­ resentative: Larry D. Knox, (same ad­ ship, N.J., on the one hand, and, on the dress as applicant). Authority sought to Motor Common Carriers of Household Goods, 17 M.C.C. 467, between points in other, points in New Jersey. N ote: Appli­ operate as a common carrier, by motor cant states that the (I) and (II) authori­ vehicle, over irregular routes, transport­ Washington, Oregon, California, Idaho, ties sought in this application are ing: Plastic liquid in containers in Utah, Montana, Arizona, and Nevada. intended to be tacked at the common vehicles equipped with mechanical re­ N ote: Applicant states that it can pres­ point of Red Lion, N.J., to provide service frigeration, from Strang, Tex., to points ently operate between all eight States by that the applicant is now rendering by in Connecticut, Illinois, Michigan, New observing certain gateways. The author­ tacking its authorized operations at Jersey, and Ohio. Note: Common control ity sought would permit direct operations Philadelphia, Pa. Applicant holds con­ may be involved. Applicant states that between Arizona and Nevada and be­ tract carrier authority under MC-119140 the requested authority cannot be tacked tween those two States and the other Subs 1 and 3, therefore, dual operations with its existing authority. If a hearing named States. Applicant further states may be involved. If a hearing is deemed is deemed necessary, applicant requests that the authority sought would be tacked necessary, applicant requests it be held it be held at Houston, Tex., or Atlanta, with present authority of applicant au­ at Philadelphia, Pa. Ga. thorizing service to or from Arizona and No. MC 9325 (Sub-No. 44), filed Nevada in its certificates in MC 14786 No. MC 21455 (Sub-No. 18), filed No­ October 31, 1969. Applicant: K LINES, and Sub No. 11. Common control may be vember 21, 1969. Applicant: GENE INC., Post Office Box 187, Lebannon, involved. If a hearing is deemed neces­ MITCHELL CO., a corporation, 1106 Di­ Oreg. Applicant’s representative: Nor­ sary, applicant requests it be held at vision Street, West Liberty, Iowa 52776. man E. Sutherland, 1200 Jackson Tower, Chicago, HI., or Washington, D.C. Applicant’s representative: William L. Portland, Oreg. 97205. Authority sought No. MC 17211 (Sub-No. 11), filed No­ Pairbank, 610 Hubbell Building, Des to operate as a common carrier, by motor vember 14, 1969. Applicant: JESCO Moines, Iowa 50309. Authority sought to vehicle, over irregular routes, transport­ MOTOR EXPRESS, INC., 139 Columbus operate as a common carrier, by motor ing: Cement, in bulk between points in Road, Mount Vernon, Ohio 43050. Appli­ vehicle, over irregular routes, transport­ Skamania, Klickitat, and Yakima Coun­ cant’s representative: A. Charles Tell, ing: Beer, from Peoria, HI., to Cedar Rapids, Iowa. N ote: Applicant states ties, Wash. N ote : Applicant controls 100 East Broad Street, Columbus, Ohio Everts’ Commercial Transport, Inc., 43215. Authority sought to operate as a that the requested authority cannot be MC 25643, and states that the applied contract carrier, by motor vehicle, over tacked with its existing authority. If a for authority will be tacked with author­ irregular routes, transporting: (1) Pipe hearing is deemed necessary, applicant ity issued in MC 25643 Sub 35. If a hear­ and duct used in heating, cooling, air requests it be held at Des Moines, Iowa. ing is deemed necessary, applicant re­ conditioning, or exhaust systems, includ­ No. MC 29566 (Sub-No. 135), filed Oc­ quests it be held at Portland, Oreg., or ing materials and supplies used in the in­ tober 31, 1969. Applicant: SOUTHWEST Seattle, Wash. stallation thereof, (2) building construc­ FREIGHT LINES, INC., 1400 Kansas No. MC 13651 (Sub-No. 14), filed No­ tion wall sections, including accessories Avenue, Kansas City, Kans. 66105. Ap­ vember 10, 1969. Applicant: PEOPLES and parts thereof, from Westerville, Ohio, plicant’s representative: Vernon M. TRANSFER, INC., 1400 North Black to points in Alabama, Connecticut, Dela­ Masters (same address as applicant). Canyon Highway, Phoenix, Ariz. 85005. ware, Georgia, Hlinois, Indiana, Iowa, Authority sought to operate as a com­ Applicant’s representative: A. Michael Florida, Kentucky, Maine, Maryland, mon carrier, by motor vehicle, over ir­ Bernstein, 1327 United Bank Building, Massachusetts, Michigan, Missouri, Min­ regular routes, transporting: Glass, glass Phoenix, Ariz. 85012. Authority sought to nesota, New Hampshire, New Jersey, New products, glass container closures, and operate as a common carrier, by motor York, North Carolina, Pennsylvania, fiberboard boxes, from the plantsite and vehicle, over irregular routes, transport­ Rhode Island, South Carolina, Tennes­ warehouse facilities of Obear-Nester ing: (1) Pipe and conduit, and mate­ see, Vermont, Virginia, West Virginia, Glass Co. at Lincoln, HI., to points in rials and supplies incidental thereto, Wisconsin, and the District of Columbia, Arkansas, Oklahoma, Iowa, Missouri, from points in Los Angeles County, Calif., and (3) equipment, materials, and sup­ Kansas, and Nebraska. Note: Applicant to points in New Mexico; (2) fiberboard plies used in the manufacture thereof, on states that the requested authority can­ boxes and containers such as are used return, under contract with United Sheet not be tacked with its existing authority. in packing fruits and vegetables; (a) Metal Division of United McGill Corp. If a hearing is deemed necessary, appli­ from points in Los Angeles County, Calif., N ote: If a hearing is deemed necessary, cant requests it be held at St. Louis or to points in New Mexico; (b) between applicant requests it be held at Columbus, Kansas City, Mo. points in Maricopa County, Ariz., and Ohio. No. MC 30844 (Sub-No. 302), filed No­ points in Imperial and Riverside Coun­ No. MC 20894 (Sub-No. 14), filed No­ vember 21, 1969. Applicant: KROBLIN ties, Calif.; and (c) from points in Mari­ vember 17, 1969. Applicant: P. CALLA­ REFRIGERATED XPRESS, INC., 2125 copa County, Ariz., to points in New HAN, INC., 5240 Comly Street, Phila­ Commercial, Post Office Box 5000, Mexico, El Paso and Deaf Smith Coun­ delphia, Pa. 19135. Applicant’s Repre­ Waterloo, Iowa 50704. Applicant’s repre­ ties, Tex., and Delta and Montezuma sentative : Terrence L. Bowers (same sentative: Truman A. Stockton, Jr., The Counties, Colo.; (3) glass containers and address as applicant). Authority sought 1650 Grant Street Building, Denver, closures therefor and paper cartons used to operate as a common carrier, by motor Colo. 80202. Authority sought to operate in packaging of glass containers, from vehicle, over regular and irregular routes, as a common carrier, by motor vehicle, points in Los Angeles, Orange, Alameda, transporting: General commodities (ex­ over irregular routes, transporting: Ma­ Contra Costa, and Riverside Counties, cept those of unusual value, classes A terials, supplies, and products used in or

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 NOTICES 19855 produced by the food processing indus­ thority sought to operate as a common tacking possibilities are cautioned that try (except commodities in bulk), from carrier, by motor vehicle, over irregular failure to oppose the application may re­ the Lower Peninsula of Michigan to routes, transporting: Meats, meat prod­ sult in an unrestricted grant of authority. points in North Dakota and South Da­ ucts, and meat byproducts, dairy prod­ No duplicating authority is sought. If a kota. N ote : Applicant states that the re­ ucts, and articles distributed by meat hearing is deemed necessary, applicant quested authority cannot be tacked with packinghouses, as described in sections requests it be held at Chicago, 111. its existing authority. Common control A, B, and C of appendix I to the report in No. MC 52781 (Sub-No. 2), filed No­ may be involved. If a hearing is deemed Descriptions in Motor Carrier Certifi­ vember 3, 1969. Applicant: OVERCASH necessary, applicant requests it be held cates,, 61 M.C.C. 209 and 766, from Buf­ TRANSFER, INC., Post Office Box 26006, at Washington, D.C., or Chicago, 111. falo, N.Y., to points in Allegany, Livings­ Charlotte, N.C. 28213. Applicant’s rep­ No. MC 30844 (Sub-No. 303), filed ton, Wayne, Yates, Seneca, Schuyler, resentatives : Archie B. Culbreth and Guy November 24, 1969. Applicant: KROB- Cayuga, Tompkins, Tioga, Chenango and H. Postell, 1273 West Peachtree Street LIN REFRIGERATED XPRESS, INC., Madison Counties, N.Y., and points in NE., Atlanta, Ga. 30309. Authority sought 2125 Commercial, Waterloo, Iowa 50704. Potter, Tioga, Bradford, Susquehanna, to operate as a contract carrier, by motor Applicant’s representative: Truman A. Clinton, Lycoming, Montour, Sullivan, vehicle, over irregular routes, transport­ Stockton, Jr., The 1650 Grant Street Wyoming, Columbia, and Lackawanna ing: (1) Pipe, pipe fittings, and such Building, Denver, Colo. 80202. Authority Counties, Pa., restricted to traffic having material, supplies and equipment as are sought to operate as a common carrier, a prior movement by connecting carriers. used in the installation and maintenance by motor vehicle, over irregular routes, Note : Applicant states no duplicate au­ of sprinkler, heating, and power piping transporting: Anhydrous ammonia in thority is being sought. Applicant further systems, and also such tools and equip­ bulk, in tank vehicles, from the plantsite states that the requested authority can­ ment as are used for installing and main­ and storage facilities of the Apple River not be tacked with its existing authority. taining the aforementioned installations, Chemical Co. at or near Niota and East The purpose of this application is to between points in North Carolina, South Dubuque, El., to points in Iowa, Minne­ eliminate Elmira, N.Y., as a gateway. The Carolina, Virginia, Georgia, Alabama, sota, Missouri, Nebraska, and Wisconsin. purpose of this repubhcation is to include and Tennessee. Restriction: The above- Note : Common control may be involved. a portion of the destination territory described operations are limited to a Applicant states that the requested au­ which was erroneously omitted from pre­ transportation service to be performed thority cannot be tacked with its existing vious publication. If a hearing is deemed under special and individual contracts authority. If a hearing is deemed neces­ necessary, applicant requests it be held or agreements with persons (as defined sary, applicant requests it be held at at Buffalo, or Syracuse, N.Y. m section 203(a) of the Interstate Com­ Washington, D.C., or Chicago, 111. No. MC 50069 (Sub-No. 413), filed No­ merce Act) who are engaged in the in­ No. MC 45736 (Sub-No. 34), filed No­ vember 17, 1969. Applicant: REFINERS stallation and maintenance of sprinkler, vember 26, 1969. Applicant: GUIGNARD TRANSPORT & TERMINAL CORPORA­ heating, and power piping systems, for FREIGHT LINES, INC., Post Office Box TION, 445 Earlwood Avenue, Oregon, the transportation of the commodities 26067, Charlotte, N.C. 28206. Applicant’s Ohio 43616. Applicant’s representative: indicated and in the manner specified, representative: Francis J. Ortman, 1700 J. A. Kundtz, 1050 Union Commerce and (2) lumber (except plywood and Pennsylvania Avenue NW., Washington, Building, Cleveland, Ohio 44115. Author­ veneer) between points in North Caro­ D.C. 20006. Authority sought to operate ity sought to operate as a common car­ lina, South Carolina, Virginia, Georgia, as a common carrier, by motor vehicle, rier, by motor vehicle, over irregular Alabama, and Tennessee, under contract over irregular routes, transporting: (1) routes, transporting: Liquid latex, in with Grinnell Corp., Charlotte, N.C., Hardboards, insulation boards, plywoods bulk, in tank vehicles, from Washing­ General Supply & Equipment, Charlotte] and/or particleboards, in straight or ton, W. Va., to Gary, Ind., and Ottawa, N.C., Carolina Industrial Piping, Inc.* mixed truckloads, parts, materials, and 111. N ote: Applicant states that the re­ Kemersville, N.C., Monarch Sprinkler accessorial items necessary for the in­ quested authority cannot be tacked with Co., Charlotte, N.C., and Forest Lumber stallation thereof, from the plant and its existing authority. Common control Co., Inc., Charlotte, N.C. N ote : If a warehouse sites of the Abitibi Corp. in and dual operations may be involved. hearing is deemed necessary, applicant Wilkes County, N.C., to points in West If a hearing is deemed necessary, appli­ requests it be held at Charlotte, N.C. Virginia, Virginia, Ohio, Indiana, Mary­ cant requests it be held at Washington, No. MC-59457 (Sub-No. 20), filed No­ land, Pennsylvania, New Jersey, Dela­ D.C. vember 12, 1969. Applicant: SORENSON ware, South Carolina, Georgia, Florida, No. MC 51146 (Sub-No. 151), filed No­ TRANSPORTATION COMPANY, INC., Alabama, Tennessee, New York, and vember 12,1969. Applicant: SCHNEIDER Old Amity Road, Bethany, Conn. Appli­ Kentucky; and (2) commodities used in TRANSPORT & STORAGE, INC., 817 cant’s representative: Thomas W. Mur- the manufacture of hardboards, insulat­ McDonald Street, Green Bay, Wis. 54306. rett, 342 North Main Street, West Hart­ ing boards, plywoods or particleboards, Applicant’s representatives: D. F. Mar­ ford, Conn. 06117. Authority sought to and parts, materials, and accessorial tin (same address as applicant) and operate as a common carrier, by motor items incidental to the transportation Charles W. Singer, 33 North Dearborn vehicle, over irregular routes, transport­ and installation thereof, in truckloads, Street, Chicago, 111. Authority sought to ing: (l) Magazines, magazine parts from points in West Virginia, Virginia, operate as a common carrier, by motor magazine inserts, and mats, molds, Ohio, Indiana, Maryland, Pennsylvania, vehicle, over irregular routes, transport­ plates, shells and vinylites used in con­ New Jersey, Delaware, South Carolina, ing: Paper and paper products, products nection with the printing of magazines, Georgia, Florida, Alabama, Tennessee, produced and distributed by manufactur­ from Kennedy International Airport New York, and Kentucky to the plant ers and converters of paper and paper New York, N.Y., to Albany, N.Y., restric­ and warehouse sites of the Abitibi Corp. products; and materials and supplies ted to shipments having a prior move­ in Wilkes County, N.C. Note: Applicant used in the manufacture and distribution ment by air, and (2) bananas, from Wil­ states that the requested authority can­ of the foregoing commodities (except mington, Del., to Bridgeport, New Haven, not be tacked with its existing authority. commodities in bulk and commodities Wallingford, Waterbury, and Hartford] If a hearing is deemed necessary, appli­ which, because of size or weight, require Conn. N ote : The authority sought cant requests it be held at Washing^pn, the use of special equipment), between in (1) seeks to eliminate the presently D.C., or Charlotte, N.C. points in Marathon, Winnebago, Outa­ required “gateway” of Windsor Locks, No. MC 46421 (Sub-No. 10) (Correc­ gamie, and Brown Counties, Wis., on the Conn., now contained in applicant’s tion), filed October 28, 1969, published one hand, and, on the other, points in present authority in MC 59457 Sub No. m the F ederal R egister November 27, Arizona, California, Colorado, Idaho, 14. Applicant states that the requested 1969, and republished as corrected this Montana, New Mexico, Nevada, Oregon, authority cannot be tacked with its issue. Applicant: ESCRO STORAGE & Utah, Washington, and Wyoming. N ote : existing authority. If a hearing is deemed CARTAGE, INC., 360 Dingens Street, Common control may be involved. Ap­ necessary, applicant requests it be held Buffalo, N.Y. 14206. Applicant’s repre­ plicant states that the requested au­ at Hartford, Conn. sentative: Herbert M. Canter, 345 South thority can be tacked with its existing No. MC 64932 (Sub-No. 483), filed Warren Street, Syracuse, N.Y. 13202. Au­ authority. Persons interested in the November 20,1969. Applicant: ROGERS

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19856 NOTICES CARTAGE CO., a corporation, 1439 West Applicant’s representative: Martin Wer­ products, from Charlotte, N.C., to points 103d Street, Chicago, 111. 60643. Appli­ ner, 2 West 45th Street, New York, N.Y. in Georgia. N ote: Applicant states that cant’s representative: Carl L. Steiner, 39 10036. Authority sought to operate as a presently held authority under MC South La Salle Street, Chicago, 111. 60603. common carrier, by motor vehicle, over 103926 Sub 16 could be tacked with the Authority sought to operate as a com­ irregular routes, transporting: Milk authority herein applied for at any point mon carrier, by motor vehicle, over irreg­ products, in vehicles equipped with me­ in Clayton, Cobb, De Kalb, Fulton, and ular routes, transporting: Petroleum and chanical refrigeration, from Watertown, Gwinnett Counties, Ga. Then, applicant petroleum products, in bulk, in tank ve­ N.Y., to points in Lackawanna and could transport the considered commodi­ hicles, from Huntington, Ind., to points Luzerne Counties, Pa.; returned and re­ ties from Charlotte, N.C., to points in fused shipments of milk products, from Alabama, Florida, North Carolina; South in the Lower Peninsula of Michigan. Carolina, Tennessee, and Virginia, al­ N ote: Applicant states that the re­ Lackawanna and Luzerne Counties, Pa., quested authority cannot be tacked with to Watertown, N.Y. N ote: Applicant though, shipments moving thereby from its existing authority. If a hearing is states that the requested authority can­ Charlotte, N.C., to points in North Caro­ deemed necessary, applicant requests it not be tacked with its existing authority. lina and Virginia would be transported be held at Indianapolis, Ind. If a hearing is deemed necessary, appli­ - over circuitous routes. If a hearing is No. MC 73688 (Sub-No. 39), filed cant requests it be held at New York, deemed necessary, applicant requests it November 25, 1969. Applicant: SOUTH­ N.Y. be held at Atlanta, Ga., or Washington, ERN TRUCKING CORPORATION, No. MC 102546 (Sub-No. 2), filed D.C. 1500 Orenda Avenue, Post Office Box November 19, 1969. Applicant: BLUE No. MC 104149 (Sub-No. 190), filed 7182, Memphis, Term. 38107. Applicant’s FLASH EXPRESS, INC., 1801 Cherokee November 3, 1969. Applicant: OSBORNE representative: Charles H. Hudson, Jr., Avenue, Baton Rouge, La. 70802. Appli­ TRUCK LINE, INC., 520 North 31st 833 Stahlman Building, Nashville, Tenn. cant’s representative: Edward A. Winter, Street, Birmingham, Ala. 35203. Appli­ 37201. Authority sought to operate as a 235 Rosewood Drive, Metairie, La. 70005. cant’s representative: Maurice F. Bishop, common carrier, by motor vehicle, over Authority sought to operate as a contract 327 Frank Nelson Building, Birmingham, irregular routes, transporting: Cast iron carrier, by motor vehicle, over irregular Ala. 35203. Authority sought to operate valves, including brass valves and/or routes, transporting: Asphalt roofing as a common carrier, by motor vehicle, components and cast iron fire hydrants, products, from the plantsite of Delta over irregular routes, transporting: Plas­ from Birmingham, Ala., to points in Roofing Mills, Inc., at Slidell, La., to tic pipe, plastic or iron fittings and con­ Arkansas, Oklahoma, and points in that points in Mississippi under contract with nections, valves and jackets, between the Delta Roofing Mills, Inc., Slidell, La'. plantsite and warehouse facilities of part of Tennessee on and west of U.S. Razorback Plastic Products, Inc., Fort Highways 45 and 45E. N ote : Applicant N ote: If a hearing is deemed necessary, states that the requested authority can­ applicant requests it be held at New Smith, Ark., on the one hand, and, on not be tacked with its existing authority. Orleans, La., or Biloxi, Miss. the other, points in Kentucky, Virginia, If a hearing is deemed necessary, appli­ No. MC 102817 (Sub-No. 14), filed North Carolina, South Carolina, Georgia, cant requests it be held at Birmingham, November 7, 1969. Applicant: PERKINS Florida, Alabama, Tennessee, Mississippi, Ala. FURNITURE TRANSPORT, INC., 1202 and Louisiana. N ote: Applicant states North Pennsylvania Street, Indianapolis, that the requested authority cannot be No. MC 75320 (Sub-No. 149), filed tacked with its existing authority. If a November 18, 1969. Applicant: CAMP­ Ind. 46202. Applicant’s representative: John E. Lesh, 3737 North Meridian hearing is deemed necessary, applicant BELL SIXTY-SIX EXPRESS, INC., Post requests it be held at Fort Smith, Ark., or Office Box 807, Springfield, Mo. 65801. Street, Indianapolis, Ind. 46208. Author­ Applicant’s representative: P. E. Adams ity to operate as a common carrier, by Washington, D.C. (same address as applicant). Authority motor vehicle, over irregular routes, No. MC 105566 (Sub-No. 13), filed sought to operate as a common carrier, transporting: New furniture, bed springs, November 25, 1969. Applicant: SAM by motor vehicle, over regular routes, mattresses, and store and office fixtures, TANKSLEY TRUCKING, INC., Post Of­ transporting: General commodities (ex­ crated, (1) between points in Indiana, fice Box 68, East Prairie, Mo. 63845. Appli­ cept those of unusual value, and except and (2) from points in Indiana (except cant’s representative: Thomas F. Kilroy, dangerous explosives, household goods as Delphi and Tell City, Ind.), to points in 2111 Jefferson Davis Highway, Arlington, defined in Practices of Motor Common Arkansas, Connecticut, Delaware, Flor­ Va. 22202. Authority sought to operate Carrier of Household Goods, 17 M.C.C. ida, Georgia, Illinois, Iowa, Kansas, as a common carrier, by motor vehicle, 467, commodities in bulk, and those re­ Kentucky, Maryland, Massachusetts, over irregular routes, transporting: Meat quiring special equipment), (1) between Michigan, Minnesota, Missouri, Ne­ and meat products in vehicles equipped Hattiesburg, Miss., and junction of U.S. braska, New Jersey, New York, North with mechanical refrigeration, from the Highway 98 and Mississippi Highway 15, Dakota, Ohio, Pennsylvania, South Da­ facilities of The Kroger Co. in Cincinnati, from Hattiesburg over U.S. Highway 98 kota, Tennessee, Virginia, West Virginia, Ohio, and from the facilities of the Sugar to junction Mississippi Highway 15 at or Wisconsin, and the District of Columbia. Creek Packing Co. in Washington Court near Beaumont, Miss., as an alternate N ote : Applicant states that no new ter­ House, Ohio, to Memphis, Tenn., and route only in connection with applicant’s ritory is sought. Applicant further states Dallas, Tex. N ote: Applicant states that presently regular-route authority, serv­ that the instant application will enable the requested authority cannot be ing no intermediate points, but serving applicant to transport entirely crated tacked with its existing authority. If a junction of Mississippi Highway 15 and shipments where it now must transport hearing is deemed necessary, applicant U.S. Highway 98 for purposes of joinder mixed crated and uncrated. Applicant requests it be held at St. Louis, Mo., or only; and (2) between Mobile and Bir­ also states that the requested authority Cincinnati, Ohio. mingham, Ala., from Mobile over U.S. cannot be tacked with its existing au­ No. MC 106274 (Sub-No. 13), filed Highway 43 to junction Alabama High­ thority. If a hearing is deemed necessary, November 19, 1969. Applicant: RAE- way 5, thence over Alabama Highway 5 applicant requests it be held at Indian­ FORD TRUCKING COMPANY, a cor­ to junction U.S. Highway 11, thence over apolis, Ind. poration, Landis Street, Post Office Box U.S. Highway 11 or Interstate Highway No. MC 103926 (Sub-No. 22), filed No­ 45, Sanford, N.C. 27330. Applicants 59 to Birmingham, and return over the vember 24, 1969. Applicant: W. T. MAY- representative: J. L. Keith (same ad­ same route, as an alternate route in con­ FIELD SONS TRUCKING CO., a cor­ dress as applicant). Authority sought to nection with applicant’s regular-route poration, Post Office Box 43171, operate as a common carrier, by motor authority, serving no intermediate Industrial Branch, Atlanta, Ga. 30336. vehicle, over irregular routes, transport­ points. N ote: If a hearing is deemed Applicant’s representative: R. J. Reyn­ ing: (1) Hardboards, insulation boards, necessary, applicant requests it be held olds, Jr., 604-09 Healey Building, At­ plywoods and/or particleboards, in at Jackson, Miss., or Birmingham, Ala. lanta, Ga. 30303. Authority sought to straight or mixed truckloads; Parts, ma­ No. MC 88594 (Sub-No. 14), filed operate as a common carrier, by motor terials, and accessorial items necessary November 24, 1969. Applicant: CARLE- vehicle, over irregular routes, transport­ for the installation thereof, from tbe TON G. WHITAKER, INC., Post Office ing: Prestressed and precast concrete plant and warehouse sites of the Abi­ Box 93, Route 17, Deposit, N.Y. 13754. and prestressed and precast concrete tibi Corp. in Wilkes County, N.C., to

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 NOTICES 19857 points in Connecticut, Delaware, Mary­ with such buildings, accessories, used in modifies (except those of unusual value, land, Massachusetts, New Jersey, New the erection, construction, and comple­ high explosives, livestock, household York, Ohio, Pennsylvania, Rhode Island, tion thereof, from Houston, Tex., to goods as defined by the Commission, South Carolina, Virginia, West Virginia, points in Oklahoma, Kansas, Nebraska, commodities in bulk, and those injurious and the District of Columbia, and (2) South Dakota, North Dakota, New Mex­ or contaminating to other lading) , be­ commddities used in the manufacture of ico, Colorado, Wyoming, Montana, Idaho, tween Denver, Pueblo, and Colorado hardboards, insulating boards, plywoods, Utah, Washington, Oregon, California, Springs, Colo., and (2) general commodi­ or particleboards, and parts, materials Nevada, Arizona, Louisiana, Mississippi, ties (except those of unusual value, high and accessorial items incidental to the Alabama, Georgia, Florida, North Caro­ explosives, household goods as defined by transportation and installation thereof, lina, South Carolina, and Minnesota. the Commission, commodities in bulk, in truckloads, from points in Connecti­ N ote : Applicant states it intends to tack commodities requiring special equipment, cut, Delaware, Maryland, Massachusetts, with MC-107295, where feasible. Persons and those injurious or contaminating to New Jersey, New York, Ohio, Pennsyl­ interested in the tacking possibilities are other lading), between Pine Bluffs, Wyo., vania, Rhode Island, South Carolina, cautioned that failure to oppose the ap­ Virginia, West Virginia, and the District and points within 20 miles thereof, and plication may result in an unrestricted Denver and Greeley, Colo. N ote: Appli­ of Columbia, to the plant and warehouse grant of authority. If a hearing is deemed cant states it holds identical regular sites of the Abitibi Corp. in Wilkes necessary, applicant requests it be held route authority in MC 110483 and MC County, N.C. N ote: Applicant states that at Houston, Tex. 110483 Sub-No. 1. By this application it the requested authority cannot be tacked No. MC 107295 (Sub-No. 259), filed with its existing authority. If a hearing seeks to convert such regular route au­ November 25, 1969. Applicant: PRE-FAB thority to irregular route authority and is deemed necessary, applicant requests TRANSIT CO., a corporation, 100 South will surrender its regular route authority it be held at Washington, D.C. Main Street, Farmer City, 111. 61842. Ap­ upon the approval of this conversion. No. MC 107295 (Sub-No. 240), filed plicant’s representative: Dale L. Cox, Applicant further states that the author­ November 3, 1969. Applicant: PRE-FAB Post Office Box 146, Farmer City, 111. ity here sought can and will be tacked to TRANSIT CO., a corporation, 100 South 61842. Authority sought to operate as a provide through service between Sidney Main Street, Farmer City, 111. 61842. Ap­ common carrier, by motor vehicle, over and Scottsbluff, Nebr., on the one hand, plicant’s representative: Dale L. Cox, irregular routes, transporting: Buildings, and, on the other, Denver, Colorado Post Office Box 146, Farmer City, HI. complete, knocked down, and in sections 61842. Authority sought to operate as a Springs, Pueblo, and Greeley, Colo. Com­ common carrier, by motor vehicle, over including all component parts, materials, mon control may be involved. If a hear­ irregular routes, transporting: Building supplies and fixtures and when shipped ing is deemed necessary, applicant re­ products, from Milwaukee, Wis., to points with such buildings, and accessories, quests it be held at Denver, Colo., or in the United States (except Washing­ used in the erection, construction and Omaha, Nebr. completion thereof, from Houston, Tex., No. MC 110525 (Sub-No. 942) (Correc­ ton, Oregon, Idaho, Utah, Nevada, Cali­ to points in Oklahoma, Kansas, Ne­ fornia, Alaska, and Hawaii). N ote: Ap­ tion) , filed October 31,1969, published in plicant states that requested authority braska, South Dakota, North Dakota, the F ederal R egister issue of Novem­ cannot be tacked with its existing au­ New Mexico, Colorado, Wyoming, Mon­ ber 27, 1969, corrected and republished thority. If a hearing is deemed necessary, tana, Idaho, Utah, Washington, Oregon, as corrected this issue. Applicant: applicant requests it be held at Madison, California, Nevada, Arizona, Louisiana, CHEMICAL LEAMAN TANK LINES, Wis., or Chicago, 111. Mississippi, Alabama, Georgia, Florida, INC., 520 East Lancaster Avenue, Dow- North Carolina, South Carolina, and No. MC 107295 (Sub-No. 255), filed ningtown, Pa. 19335. Applicant’s repre­ Minnesota. N ote: Applicant states tack­ sentatives: Edwin H. van Deusen (same November 17,1969. Applicant: PRE-FAB ing possibilities with MC 10729, where TRANSIT CO., a corporation, 100 South address as applicant) and Leonard A. feasible. Persons interested in the tack­ Jaskiewicz, Suite 501,1730 M Street NW., Main Street, Farmer City, 111. 61842. Ap­ ing possibilities are cautioned that failure plicant’s representative: Dale L. Cox, Washington, D.C. 20036. Authority to oppose the application may result in sought to operate as a common carrier, Post Office Box 146, Farmer City, 111. an unrestricted grant of authority. If a 61842. Authority sought to operate as a by motor vehicle, over irregular routes, hearing is deemed necessary, applicant transporting: Silicon tetrachloride, in common carrier, by motor vehicle, over does not specify a location. irregular routes, transporting: Heating bulk, in tank vehicles, from Dallas, Tex., No. MC 108676 (Sub-No. 34), filed No­ to Tuscola, 111., and Weston, Mich. N ote : and cooling systems and equipment; vember 24, 1969. Applicant: A. J. MET- humidifiers and washers, and air clean­ Applicant states that the requested au­ LER HAULING AND RIGGING, INC., thority can be tacked with its existing ers; and accessories thereto, from Har­ 117 Chicamauga Avenue NE., Knoxville, risonburg, Va., to points in New York, authority but indicates that it has no Tenn. 37917. Applicant’s representative: present intention to tack and therefore West Virginia, Pennsylvania, Ohio, Ken­ Louis J. Amato, Post Office Box E, Bowl­ tucky, Tennessee, Michigan, New Jersey, does not identify the points or territories ing Green, Ky. 42101. Authority sought which can be served through tacking. Masachusetts, Connecticut, Vermont, to operate as a common carrier, by motor New Hampshire, Maine, Indiana, Illi­ Persons interested in the tacking possi­ vehicle, over irregular routes, transport­ bilities are cautioned that failure to op­ nois, Wisconsin, Minnesota, Iowa, Mis­ ing: Flat glass, crated, uncrated or on souri, Arkansas, Louisiana, Texas, Okla­ pose the application may result in an shipping devices, from points in Haw­ unrestricted grant of authority. The homa, Kansas, Nebraska, South Dakota, kins County, Tenn., and Kingsport, purpose of this republication is to add, and North Dakota. N ote: Applicant Tenn., to points in Minnesota, Iowa, Mis­ in bulk, in tank vehicles, to the com­ states that the requested authority can­ souri, Oklahoma, Texas, and all States not be tacked with its existing authority. modity description, which was inadvert­ east thereof. N ote: Applicant states that ently omitted from the previously pub­ If a hearing is deemed necessary, appli­ the requested authority cannot be tacked lished commodity description. If a hear­ cant requests it be held at Washington, with its existing authority. If a hearing ing is deemed necessary, applicant re­ is deemed necessary, applicant requests quests it be held at Dallas, Tex. No. MC 107295 (Sub-No. 256), filed it be held at Knoxville, Tenn., or Atlanta, No. MC 110525 (Sub-No. 944), filed November 25,1969. Applicant: PRE-FAB Ga. November 12, 1969. Applicant: CHEMI­ TRANSIT CO., a corporation, 100 South No. MC 110483 (Sub-No. 6), filed No­ CAL LEAMAN TANK LINES, INC., 520 Main Street, Farmer City, 111. 61842. Ap­ vember 3, 1969. Applicant: G. & H. East Lancaster Avenue, Downingtown, plicant’s representative: Dale L. Cox, TRUCK LINE, INC., 3804 Walnut Street, Pa. 19335. Applicant’s representatives: Post Office Box 146, Farmer City, 111. Post Office Box 16808, Denver, Colo. Edwin H. van Deusen (same address as 61842. Authority sought to operate as a 80216. Applicant’s representative: Don­ above) and Leonard A. Jaskiewicz, 1730 common carrier, by motor vehicle, over ald L. Stem, 630 City National Bank M Street NW., Suite 501, Washington, irregular routes, transporting: Buildings, Building, Omaha, Nebr. 68102. Author­ D.C. 20036. Authority sought to operate complete, knocked down, and in sections ity sought to operate as a common car­ as a common carrier, by motor vehicle, including all component parts, materials, rier, by motor vehicle, over irregular over irregular routes, transporting: Liq­ supplies, and fixtures, and when shipped routes, transporting: (1) General com- • uid aluminum sulphate, in bulk, in tank

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 No. 242------9 19858 , NOTICES vehicles, from Johnsonburg, Pa., to PORT SERVICE CO. a corporation, Post Island, Connecticut, Delaware, Maryland, Leicester, N.Y. N ote: Applicant states Office Box 50272, Chicago, HI. 60650. District of Columbia, New Jersey, and that the requested authority cannot be Applicant’s representative: Robert H. West Virgina, restricted to traffic origi­ tacked with its existing authority. If a Levy, 29 South La Salle Street, Chicago, nating at said plantsite and destined to hearing is deemed necessary, applicant 111. 60603. Authority sought to operate the above named States. Note: If a hear­ does not specify a location. as a common carrier, by motor vehicle, ing is deemed necessary, applicant re­ No. MC 109689 (Sub-No. 212), filed over irregular routes, transporting: quests it be held at Washington, D.C. November 14, 1969. Applicant: W. S. Liquid chemicals, in bulk, in tank vehi­ No. MC 113556 (Sub-No. 2), filed Octo­ HATCH CO., a corporation, 643 South cles, from the plantsite of Stepan ber 31, 1969. Applicant: HAROLD W. 800 West, Woods Cross, Utah 84087. Chemical Co., at or near Millsdale, 111., REEDY, doing business as REEDY Applicant’s representative: Mark K. to points in Alabama, Arizona, Arkansas, TRUCKING CO., 6041 East Lake Drive, Boyle, 345 South State Street, Salt Lake California, Colorado, Delaware, Florida, Haslett, Mich. 48840. Authority sought to City, Utah 84110. Authority sought to Georgia, Idaho, Kansas, Louisiana, operate as a contract carrier, by motor operate as a common carrier, by motor Maine, Mississippi, Montana, Nebraska, vehicle, over irregular routes, transport­ vehicle, over irregular routes, transport­ Nevada, New Hampshire, New Jersey, ing : Noncarbonated beverages, from ing: Nitrogen tetroxide, in bulk, in spe­ New Mexico, New York, North Carolina, Lansing, Mich., to points in Illinois, Indi­ cially designed tank vehicles, moving North Dakota, Oklahoma, Oregon, Penn­ ana, Iowa, Kentucky, Missouri, Ohio, under special permits, between Vicks­ sylvania, South Carolina, South Dakota, Pennsylvania, West Virginia, Wisconsin, burg, Miss., and Air Force Bases and Tennessee, Texas, Utah, Vermont, Wash­ and New York (except Bronx, Dutchess, Missile Test facilites located in Arizona, ington, West Virginia, Wyoming, Vir­ Kings, Nassau, New York, Orange, Put­ Arkansas, California, Colorado, Florida, ginia, and the District of Columbia. nam, Queens, Richmond, Rockland, Suf­ Kansas, New Mexico, Nevada, and Ohio. N ote: Applicant states that the re­ folk, Sullivan, and Westchester Coun­ Note: Applicant states that the requested quested authority cannot be tacked with ties) , for the account of Orchard Grove authority cannot be tacked with its its existing authority. If a hearing is Co., Lansing, Mich. N ote: If a hearing existing authority. If a hearing is deemed deemed necessary, applicant requests it is deemed necessary, applicant requests necessary, applicant requests it be held be held at Chicago, 111. it be held at Lansing, Mich. at Salt Lake City, Utah, or place accept­ No. MC 113106 (Sub-No. 33), filed No. MC 113828 (Sub-No. 166), filed able by the Commission and Department November 24, 1969. Applicant: THE October 1, 1969. Applicant: O’BOYLE of the Army. BLUE DIAMOND COMPANY, a corpo­ TANK LINES, INCORPORATED, 4848 No. MC 111545 (Sub-No. 127), filed ration, 4401 East Fairmount Avenue, Cordell Avenue, Washington, D.C. 20014. November 17, 1969. Applicant: HOME Baltimore, Md. 21224. Applicant’s rep­ Applicant’s representatives: William P. TRANSPORTATION COMPANY, INC., resentative: Chester A. Zyblut, 1522 K Sullivan, 1819 H Street NW., Washing­ Post Office Box 6426, Station A, Marietta, Street NW., Washington, D.C. 20005. Au­ ton, D.C. 20006, and John F, Grimm Ga. 30060. Applicant’s representative: thority sought to operate as a common (same address as applicant). Authority Robert E. Bom, 1425 Franklin Road SE., carrier, by motor vehicle, over irregular sought to operate as a common carrier, Marietta, Ga. 30060. Authority sought to routes, transporting: Salt, from the by motor vehicle, over irregular routes, operate as a common carrier, by motor plantsite and storage facilities of Morton transporting: Com syrup, in bulk, from vehicle, over irregular routes, transport­ Salt Co., at or near Seneca Lake, N.Y., North Bergen, N.J., to points in Con­ ing: Cast iron valves, including brass to points in Pennsylvania, New Jersey, necticut, New York, and Pennsylvania. valves and components and cast iron fire Delaware, Maryland, Virginia, and the N ote: Applicant states that the re­ hydrants, from Birmingham, Ala., to District of Columbia. N ote: Applicant quested authority can be tacked with its points in Nebraska, Kansas, Oklahoma, states that the requested authority can­ Sub-28, to serve points in Virginia, West Texas, Minnesota, Iowa, Missouri, Wis­ not be tacked with its existing authority. Virginia, North Carolina and the Dis­ consin, Illinois, Michigan, Indiana, Ohio, If a hearing is deemed necessary, appli­ trict of Columbia, and with Sub-160 to Kentucky, Tennessee, Georgia, North cant requests it be held at Washington, serve points in Maryland. If a hearing Carolina, South Carolina, Pennsylvania, D.C. is deemed necessary, applicant requests New York, New Jersey, Connecticut, No. MC-113362 (Sub-No. 172), filed it be held at Washington, D.C. Rhode Island, Massachusetts, New November 14, 1969. Applicant: ELLS­ No. MC 113855 (Sub-No. 210), filed Hampshire, Vermont, and Maine. Note: WORTH FREIGHT LINES, INC., 310 November 19, 1969. Applicant: INTER­ Applicant states that it knows of no East Broadway, Eagle Grove, Iowa 50533. NATIONAL TRANSPORT, INC., South present authority with which joinder Applicant’s representative: Donald L. Highway 52, Rochester, Minn. 55902. could occur and has no specific intention Stem, 630 City National Bank Building, Applicant’s representative: Michael E. to tack; however, it would not be agree­ Omaha, Nebr. 68102. Authority sought Miller, 502 First National Bank Build­ able to imposition of a restriction against to operate as a common carrier, by motor ing, Fargo, N. Dak. 58102. Authority tacking, without justification. If a hear­ vehicle, over irregular routes, transport­ sought to operate as a common carrier, ing is deemed necessary, applicant re­ ing: Dairy products, from St. Paul and by motor vehicle, over irregular routes, quests it be held at Birmingham, Ala., Minneapolis, Minn., to points in Con­ transporting: (1) Pipe (except oil field or Washington, D.C. necticut, Massachusetts, and Rhode Is­ pipe as described in Mercer Extension— No. MC 111862 (Sub-No. 21), filed No­ land. N ote: Applicant states that the Oil Field Commodities, 74 M.C.C. 459), vember 3, 1969. Applicant: HENNES requested authority cannot be tacked from points in Tulare County, Calif.» TRUCKING CO., a corporation, 338 with its existing authority. If a hearing Spokane County, Wash., and Hall South 17th Street, Milwaukee, Wis. 53233. is deemed necessary, applicant requests County, Nebr., to points in the United Applicant’s representative: Jack B. Jos- it be held at Omaha, Nebr., or Minneap­ States (except Hawaii), and (2) roof­ selson, 700 Atlas Bank Building, Cincin­ olis, Minn. ing and siding and machinery and nati, Ohio 45202. Authority sought to No. MC 113388 (Sub-No. 95), filed No­ equipment used or useful in the manu­ operate as a contract carrier, by motor vember 17, 1969. Applicant: LESTER C. facture or handling of the commodities vehicle, over irregular routes, transport­ NEWTON TRUCKING CO., a corpora­ described in (1) above, from points in ing: Cement, between points in West tion, Post Office Box 618, Seaford, Del. Spokane County, Wash., to points in the Virginia under contract or contracts 19973. Applicant’s representative: United States (except Hawaii). N ote: with P P G Industries, Inc., restricted to Charles Ephraim, 1411 K Street NW., Applicant states that the requested au­ shipments having an immediately prior Washington, D.C. 20005. Authority thority cannot be tacked with its exist­ movement by rail. N ote : Applicant states sought to operate as a common carrier, ing authority. Applicant further states no duplicating authority is being sought. by motor vehicle, over irregular routes, that it seeks no duplicating authority. If a hearing is deemed necessary, appli­ transporting: Foodstuffs, from the plant- If a hearing is deemed necessary, appli­ cant requests it be held at Washington, site of Green Giant Co. in the township cant requests it be held at San Fran­ D.C. of West Sadsbury (Chester County), Pa., cisco, Calif., or Seattle, Wadi. No. MC 112801 (Sub-No. 101), filed to points in Maine, New Hampshire, Ver­ No. MC 115523 (Sub-No. 157), filed November 21, 1969. Applicant: TRANS- mont, New York, Massachusetts, Rhode November 10, 1969. Applicant: CLARK

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 NOTICES 19859

TANK LINES, a corporation, 1450 Beck N ote : Applicant states that the requested transporting: (1) Iron and steel and Street, Salt Lake City, Utah 84110. Ap­ authority cannot be tacked with its exist­ iron and steel articles, from the plant or plicant’s representative: H. E. Barker, ing authority. If a hearing is deemed warehouses of Continental Steel Corp., 1450 Beck Street, Salt Lake City, Utah necessary, applicant requests it be held located in Howard County, Ind., to points 84110. Authority sought to operate as a at Birmingham or Montgomery, Ala. in the United States on and east of U.S. common earner, by motor vehicle, over No. MC 117427 (Sub-No. 63) (Correc­ Highway 85; and (2) equipment, ma­ irregular routes, transporting: Dry in­ tion), filed November 7, 1969, published terials, and supplies used in the manu­ organic chemicals, minerals, fertilizers, F ederal R egister issue of December 11, facture or processing of iron and steel salt and salt products, liquid chemicals, 1969, corrected in part, and republished and iron and steel articles, from points brine or bitterns, from Little Mountain, as corrected, this issue. Applicant: G. G. in the United States on and east of U.S. Utah, and 5 miles thereof to points in PARSONS TRUCKING CO., a corpora­ Highway 85, to origin points named in Utah, Idaho, Washington, Oregon, Cali­ tion, Post Office Box 1085, North Wilkes- (1) above, restricted to traffic originat­ fornia, Nevada, Arizona, New Mexico, boro, N.C. 28659. Applicant’s representa­ ing at or destined to the named origins Colorado, Wyoming, Montana, North tive: Francis J. Ortman, 1700 Pennsyl­ and destinations in (1) and (2) above, Dakota, South Dakota, Nebraska, Kan­ vania Avenue NW., Washington, D.C. and further restricted against the trans­ sas, Oklahoma, and Texas. N ote: Appli­ 20006. N ote: The purpose of this partial portation of commodities in bulk. N ote: cant states that the requested authority republication is to include a portion of Applicant states that the requested au­ cannot be tacked with its existing au­ the destination territory in (1) above, thority cannot be tacked with its exist­ thority. Applicant further states that no namely, Ohio, Pennsylvania, and South ing authority. If a hearing is deemed duplicating authority is sought. If a hear­ Carolina, which were inadvertently necessary, applicant requests it be held at ing is deemed necessary, applicant re­ omitted from previous publication. The Chicago, 111., or St. Louis, Mo. quests it be held at Salt Lake City or rest of the application remains No. MC 118989 (Sub-No. 36) (Correc­ Ogden, Utah. unchanged. tion), filed November 7, 1969, published No. MC 115523 (Sub-No. 158), filed No. MC 117815 (Sub-No. 154), filed F ederal R egister issue of December 4, November 12, 1969. Applicant: CLARK November 17, 1969. Applicant: PULLEY 1969, corrected December 8, 1969, and TANK LINES, 1450 Beck Street, Salt FREIGHT LINES, INC., 405 Southeast republished as corrected this issue. Appli­ Lake City, Utah 84116. Applicant’s repre­ 20th Street, Des Moines, Iowa 50317. Ap­ cant: CONTAINER TRANSIT INC., 5223 sentative : H. E. Barker (same address as plicant’s representative: William L. Fair- South Ninth Street, Milwaukee, Wis. applicant). Authority sought to operate bank, 610 Hubbell Building, Des Moines, 53211. Applicant’s representative: Rob­ as a common carrier, by motor vehicle, Iowa 50309. Authority sought to operate ert H. Levy, 29 South La Salle Street, oyer irregular routes, transporting: Road as a common carrier, by motor vehicle, Chicago, 111. 60603. N ote: The purpose of oil, asphalt, and fuel oil, (a) from points over irregular routes, transporting: this partial republication is to show the in Wyoming to points in Utah, (b) from Frozen foods, from Carrollton, Macon, correct address of applicant as 5223 points in Oregon, except Multnomah Marshall, and Moberly, Mo., to points in South Ninth Street, in lieu of 5223 South County, to points in Oregon, California, Iowa, Illinois, and Nebraska; restricted La Salle Street, shown in previous pub­ and Nevada and (c) from points in Idaho to the transportation of traffic originat­ lication. The rest of the application re­ to points in Utah and Nevada. N ote: mains the same. Applicant states tacking could be done ing at the plantsites and storage facili­ through MC 115523 Sub 33 at Salt Lake ties utilized by Banquet Canning Co., No. MC 119400 (Sub-No. 10), filed No­ City, Utah, to serve the Nevada territory Division of F. M. Stamper Co. at the vember 3, 1969. Applicant: SIMANEK, set forth therein. Applicant also states no above-named origins. N ote: Applicant INC., 150 West Seventh Street, Wahoo, duplicating authority being sought. If a states that the requested authority can­ Nebr. Applicant’s representative: J. Max hearing is deemed necessary, applicant not be tacked with its existing authority. Harding, 605 South 14th Street, Post Of­ requests it be held at Salt Lake City, If a hearing is deemed necessary, appli­ fice Box 2028, Lincoln, Nebr. 68501. Au­ Utah, Boise, Idaho, or Spokane, Wash. cant requests it be held at Washington, thority sought to operate as a common D.C. carrier, by motor vehicle, over irregular No. MC 115840 (Sub-No. 50), filed No. MC 117823 (Sub-No. 40), filed routes, transporting: Chemicals and fer­ November 24, 1969. Applicant: COLO­ November 10, 1969. Applicant: DUNK- tilizers, from Port Neal Industrial Com­ NIAL FAST FREIGHT LINES, INC., LEY REFRIGERATED TRANSPORT, plex and Big Soo Terminal, located in 1215 West Bankhead Highway, Post INC., 240 West California Avenue, Salt Woodbury County, Iowa, and plantsites, Office Box 2169, Birmingham, Ala. 35201. Lake City, Utah 84115. Applicant’s rep­ warehouses, and storage facilities utilized Applicant’s representatives: C. E. Wes­ resentative: Lon Rodney Kump, 720 by Terra Chemicals International, Inc., ley (same address as above), also Newhouse Building, Salt Lake City, Utah American Cynamid Co., and Monsanto E. Stephen Heisley, 666 11th Street NW., 84111. Authority sought to operate as a Co. located in Woodbury County, Iowa, Washington, D.C. 20001. Authority common carrier, by motor vehicle, over and Dakota County, Nebr. to points in sought to operate as a common carrier, irregular routes, transporting: Food­ Colorado, Illinois, Iowa, Kansas, Mis­ by motor vehicle, over irregular routes, stuffs when transported in the same souri, Nebraska, Minnesota, North Da­ transporting: Iron and steel articles, and vehicle with frozen foods, from points kota, Oklahoma, South Dakota, Wiscon­ contractor’s equipment, materials, and in Davis, Weber, Salt Lake, Utah, and sin, and Wyoming. N ote: Applicant supplies, between Birmingham and Cache Counties, Utah, to points in Cali­ states that the requested authority can­ Montgomery, Ala., on the one hand, and fornia. N ote: Applicant states it may not be tacked with its existing authority. on the other, points in North Carolina wish to tack any authority received in If a hearing is deemed necessary, appli­ and South Carolina. N ote: Applicant this application to perform transporta­ cant requests it be held at Sioux City, states that it proposes to tack its lead tion- of small shipments originating in Iowa. certificate MC 115840 and Sub 19 over Washington and Oregon and ultimately No. MC 119441 (Sub-No. 18), filed No­ the Birmingham, Ala., gateway. Common destined to California. Such a tack would vember 20, 1969. Applicant: BAKER HI- control may be involved. If a hearing is be possible through issuance of author­ WAY EXPRESS, INC., Box 484, Dover, deemed necessary, applicant requests it ity in applicant’s pending Sub-35 appli­ Ohio 44622. Applicant’s representative: be held at Birmingham, Ala. cation which seeks authority from Wash­ Richard H. Brandon, 79 East State No. MC 116254 (Sub-No. 106), filed ington and Oregon to Utah points. If a Street, Columbus, Ohio 43215. Authority November 19, 1969. Applicant: CHEM- hearing is deemed necessary, applicant sought to operate as a common carrier, HAULERS, INC., Post Office Drawer M, requests it be held at Salt Lake City, by motor vehicle, over irregular routes, Sheffield, Ala. 35660. Applicant’s repre­ Utah. transporting: (1) Clay products (except sentative: Walter Harwood, 1822 Park­ No. MC 118959 (Sub-No. 57), filed in bulk), between points in Cuyahoga way Towers, Nashville, Tenn. 37219. November 3, 1969. Applicant: JERRY County, Ohio, on the one hand, and, on Authority sought to operate as a common LIPPS, INC., 130 South Frederick Street, the other, points in Michigan, Indiana, carrier, by motor vehicle, over irregular Cape Girardeau, Mo. 63701. Authority Illinois, Pennsylvania, and New York; routes, transporting: Spent mixed acids, sought to operate as a common carrier, and (2) materials and supplies (except from St. Marks, Fla., to Bessemer Ala. by motor vehicle, over irregular routes, in bulk), used in the manufacture and

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19860 NOTICES shipping of clay products, from points this republication is to show the correct and accessorial items necessary for the in Michigan, Indiana, Illinois, Pennsyl­ docket number as MC 119767 (Sub-No. installation thereof, from the plant and vania, and New York, to points in Cuya­ 225), in lieu of MC 119761 (Sub-No. 225), warehouse sites of the Abitibi Corp. in hoga County, Ohio. N ote: Applicant as erroneously published in previous pub­ Wilkes County, N.C., to points in Ala­ states that the requested authority can­ lication. If a hearing is deemed neces­ bama, Arkansas, Colorado, Connecticut, not be tacked with its existing authority. sary, applicant requests it be held at Delaware, District of Columbia, Florida, If a hearing is deemed necessary, appli­ Milwaukee or Madison, Wis. Georgia, Illinois, Indiana, Iowa, Kansas, cant requests it be held at Columbus, No. MC 120483 (Sub-No. 2), filed Sep­ Kentucky, Louisiana, Maine, Maryland, Ohio. tember 29, 1969. Applicant: STROMS- Massachusetts, Michigan, Minnesota, No. MC 119670 (Sub-No. 16), filed No­ BURG MOTOR FREIGHT, INC., Post Mississippi, Missouri, Nebraska, New vember 24, 1969. Applicant: THE VIC­ Office Box 488, Grand Island, Nebr. Hampshire, New Jersey, New York, TOR TRANSIT CORPORATION, Post 68801. Applicant’s representative: Earl North Carolina, North Dakota, Ohio, Office Box 115, Winton Place Station, H. Scudder, Jr., 605 South 14th Street, Oklahoma, Pennsylvania, Rhode Island, Cincinnati, Ohio 45232. Applicant’s rep­ Post Office Box 2028, Lincoln, Nebr. South Carolina, South Dakota, Tennes­ resentative : Robert H. Kinker, Post Office 68501. Authority sought to operate as a see, Texas, Vermont, Virginia, West Vir­ Box 464, Frankfurt, Ky. 40601. Authority common carrier, by motor vehicle, over ginia, and Wisconsin; and (2) commodi­ sought to operate as a common carrier, regular & irregular routes, transport­ ties used in the manufacture of hard­ by motor vehicle, over irregular routes, ing: (1) General commodities (except boards, insulating boards, plywoods, or transporting: Cleaning, scouring or those requiring special equipment). (A) particleboards, and parts, materials, and washing compounds; water softening Regular routes: Between Stromsburg accessorial items incidental to the trans­ and Omaha, Nebr.: From Stromsburg portation and installation thereof in compounds; and salt; except in bulk, over U.S. Highway 81 to its junction with truckloads, from points in Alabama, from the plantsite and storage facilities U.S. Highway 30 Alternate (Nebraska Arkansas, Colorado, Connecticut, Dela­ of the A. E. Staley Manufacturing Co. at Highway 92), thence over U.S. Highway ware, District of Columbia, Florida, Decatur, HI., to points in Ohio. Note: Ap­ 30 Alternate (Nebraska Highway 92) to Georgia, Hlinois, Indiana, Iowa, Kansas, plicant states that the requested author­ Omaha, and return over the same route, Kentucky, Louisiana, Maine, Maryland, ity cannot be tacked with its existing serving the intermediate and off-route Massachusetts, Michigan, Minnesota, authority. If a hearing is deemed nec­ points of Osceola, Shelby, Rising City, Mississippi, Missouri, Nebraska, New essary, applicant requests it be held at Wahoo, York, Polk, Hordville, Surprise, Hampshire, New Jersey, New York, Chicago, HI. Ulysses, Staplehurst, Seward, Bee, North Carolina, North Dakota, Ohio, No. MC 119741 (Sub-No. 33), filed No­ Dwight, Brainard, Gresham, Thayer, Oklahoma, Pennsylvania, Rhode Island, vember 17, 1969. Applicant: GREEN and Benedict. (B) Irregular routes: South Carolina, South Dakota, Tennes­ FIELD TRANSPORT COMPANY, INC., Between points in York and Polk Coun­ see, Texas, Vermont, Virginia, West Post Office Box 1235, Fort Dodge, Iowa ties, Nebr., on the one hand, and, on the Virginia, and Wisconsin, to the plant 50501. Applicant’s representative: Don­ other, points in Nebraska on and east of and warehouse sites of the Abitibi ald L. Stern, 30 City National Bank U.S. Highway 385; and (2) general com­ Corp. in Wilkes County, N.C. Note: Building, Omaha, Nebr. 68102. Authority modities (except those requiring special Applicant states that the requested sought to operate as a common carrier, equipment and except classes A, B, and authority cannot be tacked with its by motor vehicle, over irregular routes, C explosives). Regular routes: (a) existing authority. If a hearing is deemed transporting: Meats, meat products and Between Stromsburg and Lincoln, Nebr.: necessary, applicant requests it be held meat byproducts, and articles distributed From Stromsburg over U.S. Highway 81 at Washington, D.C. by meat packinghouses as described in to its junction with Nebraska Highway 2 No. MC 123669 (Sub-No. 5), filed sections A and_C of appendix I to the re­ (U.S. Highway 34), thence over Nebraska November 17, 1969. Applicant: SILVER port in Descriptions in Motor Carrier Highway 2 to Lincoln, and return over TRUCK, INC., Box 41, Austin, Minn. Certificates, 61 M.C.C. 209 and 766 (ex­ the same route, serving the intermediate 55912. Applicant’s representative: A. R. cept commodities in bulk and hides); and off-route points of Benedict, Waco, Fowler, 2288 University Avenue, St. Paul, (1) from Fort Dodge, Iowa, to points in Seward, Thayer, York, and Polk; and Minn. 55114. Authority sought to operate Hlinois, Indiana, Michigan, Ohio, and (b) between Stromsburg and Lincoln, as a contract carrier, by motor vehicle, Louisville, and Covington, Ky.; (2) from Nebr.: From Stromsburg over U.S. High­ over irregular routes, transporting: Cor­ Sioux City, Iowa, to points in Indiana, way 81 to its junction with Nebraska rugated sheets, corrugated shipping con­ Ohio, Michigan, and Louisville and Cov­ Highway 92 (U.S. Highway 30 Alternate), tainers, and parts thereof, from Cloquet, ington, Ky.; and (3) from Fremont, thence over Nebraska Highway 92 (U.S. Minn., to points in Wisconsin and the Nebr., to points in Iowa, Hlinois, Indiana, Highway 30 Alternate) to its junction upper Peninsula of Michigan, under con­ Michigan, Ohio, and Louisville and Cov­ with Nebraska Highway 15, thence over tract with Weyerhaeuser Co. If a hearing ington, Ky. N ote: Applicant states that Nebraska Highway 15 to its junction with is deemed necessary, applicant requests the requested authority cannot be tacked Nebraska Highway 2 (U.S. Highway 34), it be held at Minneapolis, Minn. with its existing authority. If a hearing thence over Nebraska Highway 2 to is deemed necessary, applicant requests Lincoln, and return over the same route, No. MC 124004 (Sub-No. 15), filed it be held at Omaha, Nebr., or Sioux November 21, 1969. Applicant: RICH­ serving all intermediate points and the ARD DAHN, INC., Rural Delivery No. 1, City, Iowa. off-route points of Rising City, Ulysses, Sparta, N.J. 07871. Applicant’s represen­ No. MC 119767 (Sub-No. 225) (Correc­ Surprise, Gresham, and David City. tative: George A. Olsen, 69 Tonnele tion) . filed September 23, 1969, published N otes By the instant application appli­ Avenue, Jersey City, N.J. 07306. Author­ in F ederal R egister issue of October 9, cant seeks to convert a certificate of 1969, and republished, as corrected, this registration to a certificate of public con­ ity sought to operate as a common car­ issue. Applicant: BEAVER TRANSPORT venience and necessity. If a hearing is rier, by motor vehicle, over irregular CO., a corporation, 100 South Calumet deemed necessary, applicant requests it routes, transporting: (1) Dry fertilizer, Street, Post Office Box 339, Burlington, be held at Omaha or Lincoln, Nebr. fertilizer materials, in bags and in bulk; Wis. 53105. Applicant’s representative: No. MC 123407 (Sub-No. 64), filed (2) agricultural insecticides, fungicides, A. Bryant Torhorst (same address as November 12, 1969. Applicant: SAWYER and weed killing compounds in con­ above). Authority sought to operate as TRANSPORT, INC., 2424 Minnehaha tainers, when shipped with fertilizer a common carrier, by motor vehicle, over Avenue, Minneapolis, Minn. 55404. Ap­ and/or fertilizer materials in mixed irregular routes, transporting: Yeast and plicant’s representative: Alan Foss, 502 loads, from Albany, N.Y., to points in whey and blends and products thereof, First National Bank Building, Fargo, N. Connecticut, Maine, Massachusetts, New from Juneau, Wis., to points in Illinois, Dak. 58102. Authority sought to operate Hampshire, Rhode Island, and Vermont; Indiana, Iowa, Michigan, Minnesota, and as a common carrier, by motor vehicle, and (3) animal and poultry feed and animal and poultry feed ingredients, Ohio. N ote: Applicant states that the over irregular routes, transporting: (1) requested authority cannot be tacked Hardboards, insulation boards, plywoods from points in the New York, N.Y., com­ with its existing authority. Common and/or particleboards, in straight or mercial zone, as defined by the Commis­ control may be involved. The purpose of mixed truckloads and parts, materials, sion to points in New York, New Jersey,

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 NOTICES 19861 Pennsylvania, New Hampshire, Vermont, to operate as a common carrier, by motor biles, in secondary movements, in truck- Maine, Massachusetts, North Carolina, vehicle, over irregular routes, transport­ away service, from Rochester, N.Y., to Virginia, Maryland, Delaware, Rhode ing : Chemicals, in bulk, in tank vehicles, Bordentown, N.J., and Manheim, Pa.; re­ Island, and the District of Columbia. from points in Delaware County, Ohio, to stricted against the handling of ship­ Note: Applicant states that the re­ points in Alabama, Arkansas (except ments (1) for automobile manufactur­ quested authority cannot be tacked with Fort Smith), Iowa, Illinois, Minnesota, ers; (2) having an immediately prior or its existing authority. If a hearing is Missouri, Tennessee, and Wisconsin. subsequent movement by rail; (3) mov­ deemed necessary, applicant requests it Notes: Applicant states that the re­ ing on Government bills of lading; and be held at New York, N.Y., or Washing­ quested authority cannot be tacked with further restricted against tacking with ton, D.C. its existing authority. Applicant further any other authority held by applicant, or No. MC 124854 (Sub-No. 8), filed No­ states it seeks no duplicating authority. interlining with any other carrier for vember 26, 1969. Applicant: GRIM BROS. Applicant holds contract carrier au­ through movements to other destina­ TRUCKING CO., a corporation, 997 thority under MC-112184 and subs there­ tions. N ote: If a hearing is deemed nec­ Loucks Mill Road, York, Pa. 17402. Ap­ under, therefore, dual operations may be essary, applicant requests it be held at plicant’s representative: John M. Mus- involved. If a hearing is deemed neces­ Rochester, N.Y. selman, Post Office Box 1146, 400 North sary, applicant requests it be held at No. MC 133633 (Sub-No. 5), filed Third Street, Harrisburg, Pa. 17108. Au­ Washington, D.C., or Columbus, Ohio. November 17, 1969. Applicant: HIGH­ thority sought to operate as a common No. MC 128664 (Sub-No. 3), filed No­ WAY EXPRESS, INC., 712 East Second carrier, by motor vehicle, over irregular vember 6, 1989. Applicant: LEON W. Street, Post Office Box 1326, Hatties­ routes, transporting: Masonry building KARDUX, doing business as KARDUX burg, Miss. 39401. Applicant’s repre­ units and materials and supplies used in TRANSFER, 516 West Fourth Street, sentative: Harold D. Miller, Jr., 700 the production, distribution or use of Muscatine, Iowa 52761. Applicant’s rep­ Petroleum Building, Post Office Box masonry building units, between Lansing, resentative: William A. Landau, 1451 22567, Jackson, Miss. 39205. Authority Mich., on the one hand, and, on the other, East Grand Avenue, Des Moines, Iowa sought to operate as a common carrier, points in Delaware, Maryland, New Jer­ 50306. Authority sought to operate as a by motor vehicle, over irregular routes, sey, New York, Pennsylvania, Virginia, common carrier, by motor vehicle, over transporting: General commodities (ex­ West Virginia, and the District of Colum­ irregular routes, transporting: (1) Metal cept those of unusual value, classes A bia. N ote: Applicant states that the re­ furniture, in boxes and crates, from and B explosives, household goods as de­ quested authority cannot be tacked with Muscatine, Iowa, to points in Illinois, fined by the Commission, commodities its existing authority. If a hearing is Indiana, Iowa, Kansas, Kentucky, Michi­ in bulk, and those requiring special deemed necessary, applicant requests it gan, Minnesota, Missouri, Nebraska, equipment); (1) between points in Mis­ be held at Harrisburg, Pa., or Washing­ North Dakota, South Dakota, and Wis­ sissippi on and south of U.S. Highway ton. D.C. consin; and (2) materials, equipment, 80 and/or Interstate Highway 20, re­ No. MC 127705 (Sub-No. 32), filed No­ and supplies, used or useful in the manu­ stricted against the movement of traffic vember 21, 1969. Applicant: KREVDA facture and distribution of metal furni­ between Jackson, Miss., on the one Br o s, e x p r e s s , in c ., Post office box ture, from points in Illinois, Indiana, hand, and on the other, Columbia and 68, Gas City, Ind. 46933. Applicant’s rep­ Iowa, Kansas, Kentucky, Michigan, Min­ points within 10 miles thereof, Prentiss, resentative: Donald W. Smith, 900 Circle nesota, Missouri, Nebraska, North Da­ Bassfield, and Tylertown and points Tower, Indianapolis, Ind. 46204. Author­ kota, South Dakota, and Wisconsin, to within their respective commercial ity sought to operate as a common car- Muscatine, Iowa. N ote : Applicant states zones; (2) between New Orleans, La., tier, by motor vehicle, over irregular that the requested authority cannot be on the one hand, and, on the other, routes, transporting: Soda Ash, from tacked with its existing authority. If a points in Mississippi on and south of Barberton and Painesville, Ohio, to hearing is deemed necessary, applicant U.S. Highway 80 and/or Interstate Dunkirk, Ind. N ote : Applicant states requests it be held at Des Moines, Iowa. Highway 20 (except Columbia and that the requested authority cannot be No. MC 128732 (Sub-No. 5), filed points within 10 miles thereof, Prentiss, tacked with its existing authoriy. If a November 10, 1969, Applicant: TRANS­ Bassfield, and Tylertown and points hearing is deemed necessary, applicant PORTATION UNLIMITED OF CALI­ within their respective commercial requests it be held at Indianapolis, Ind. FORNIA, a corporation, 2659 South Sbto, zones); and (3> between Mobile, Ala., No. MC 127834 (Sub-No. 45), filed No­ Los Angeles, Calif. 90023. Applicant’s on the one hand, and, on the other, vember 21, 1969. Applicant: CHEROKEE representative: Frederick J. Coffman, points in Mississippi on the south of hauling & r ig g in g , in c ., 540-42 521 South 14th Street, Post Office Box U.S. Highway 80 and/or Interstate Merritt Avenue, Nashville, Tenn. 37203. 806, Lincoln, Nebr. 68501. Authority Highway 20. N ote: Applicant proposes Applicant’s representative: Robert M. sought to operate as a contract carrier, to tack or join the separate paragraphs Pearce, Post Office Box E, Bowling Green, by motor vehicle, over irregular routes, of the requested authority. Applicant Ky. 42101. Authority sought to operate transporting: Meat, meat products, meat further states that the requested author­ as a common carrier, by motor vehicle, byproducts, and articles distributed by ity cannot be tacked with its existing oyer irregular routes, transporting: (1) meat packinghouses, from the plantsite authority. Common control may be in­ Signs, sign poles, parts and accessories and storage facilities used by Sioux- volved. If a hearing is deemed necessary, therefor, from Clearfield, Utah, and Preme Packing Co. at or near Sioux Cen­ applicant requests it be held at Hatties­ Columbus, Ohio, to points in the United ter, Iowa, to points in Arizona, Califor»- burg and Jackson, Miss. States (except Alaska and Hawaii); and nia, Idaho, Montana, Nevada, New Mexi­ No. MC 133737 (Sub-No. 1), filed No­ (2) materials, equipment, and supplies, co, Oregon, Texas, Utah, Washington, vember 14, 1969. Applicant: ROBERT used in the manufacture of the items de­ and Wyoming, under continuing con­ CRAWFORD, doing business as CRAW­ scribed in (1) above, from points in the tract with Sioux-Preme Packing Co., re­ FORD TRUCKING COMPANY, 5563 United States (except Alaska and Ha­ stricted to traffic originating at the Northwest Drive, Omaha, Nebr. 68104. waii) to Clearfield, Utah, and Columbus, above-named origin point. N ote: If a Authority sought to operate as a con­ Ohio. Note: Applicant states that the hearing is deemed necessary, applicant tract carrier, by motor vehicle, over ir­ requested authority cannot be tacked requests it be held at Omaha, Nebr., or regular routes, transporting: Feed and with its existing authority. If a hearing Sioux City, Iowa. feed ingedients, from Omaha, Nebr., to is deemed necessary, applicant requests No. MC 129107 (Sub-No. 4), filed Harlan, Denison, and Atlantic, Iowa, !t be held at Nashville, Tenn. November 3, 1969. Applicant: R. H. under contract with Nixon & Co. N ote: No. MC 128302 (Sub-No. 6), filed No­ HARDING CO., INC., 100 Centre Drive, If a hearing is deemed necessary, appli­ vember 19, 1969. Applicant: THE MAN- Rochester, N.Y. 14623. Applicant’s rep­ cant requests it be held at Omaha, Nebr. FREDI MOTOR TRANSIT COMPANY, resentative: Raymond A. Richards, 23 No. MC 133854 (Sub-No. 1), filed No­ 4 corporation, Route 87, Newbury, Ohio West Main Street, Webster, N.Y. 14580. vember 20, 1969. Applicant: DOYLE *4065. Applicant’s representative: John Authority sought to operate as a com­ REASNOR AND LEO REASNOR, a McMahon, 100 East Broad Street, mon carrier, by motor vehicle, over irreg­ partnership, doing business as REAS­ olumbus, Ohio 43215. Authority sought ular routes, transporting: Used automo­ NOR CONSTRUCTION CO., Kinta,

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 19862 NOTICES Okla. 74552. Applicant’s representative: over irregular routes, transporting: Gen­ representative: Nathaniel D. Rothstein, Harold B. Dane, 111 South Broadway, eral commodities (except those of un­ 135 West Wells Street, Milwaukee, Wis. Post Office Box 387, Stigler, Okla. 74462. usual value, classes A and B explosives, 53203. Authority sought to operate as a Authority sought to operate as a con­ household goods as defined by the Com­ common carrier, by motor vehicle, over tract carrier, by motor vehicle, over ir­ mission, and those injurious or con­ irregular routes, transporting: Hospital regular routes, transporting: Coal, in taminating to other lading, commodities materials and supplies, between Milwau­ bulk, from the mine site of Kerr-McGee in bulk, and commodities requiring spe­ kee, Wis., on the one hand, and, on the Corp. located 6 miles southeast of Stig­ cial equipment), from points in Bedford other, Jackson, Oconomowoc, Lake Ge­ ler, Okla., to rail siding of Texas and and Roanoke Counties, Va., to points in neva, and Green Bay, Wis. N ote: If a Pacific Railroad approximately 3 miles Greenbrier, Summers, Monroe, Mercer, hearing is deemed necessary, applicant east of Stigler, Okla., and rail siding of and McDowell Counties, W. Va., under requests it be held at Milwaukee or Mad­ Port Smith and Van Buren Railroad at contract with Montgomery Ward & Co. ison, Wis. of Baltimore, Md. N ote: If a hearing is McCurtain, Okla., and rejected ship­ Motor Carrier op P assengers ments on return, under contract with deemed necessary, applicant requests it Kerr-McGee Corp. N ote: If a hearing be held at Washington, D.C. No. MC 134166, filed November 24, is deemed necessary, applicant requests No. MC 134157, filed November 3, 1969. 1969. Applicant: DUNN’S BUS SERV­ it be held at Oklahoma City or Tulsa, Applicant: KANDU TRUCKING, INC., ICE, INC., Rural Delivery 3, Sussex, N.J. Okla. 520 North Michigan Avenue, Chicago, HI. Applicant’s representative: W. C. Mitch­ No. MC 133941 (Sub-No. 2), filed 60611. Applicant’s representative: Gerard ell, 140 Cedar Street, New York, N.Y. November 19, 1969. Applicant: NORTH­ F. Moran (same address as above). Au­ 10006. Authority sought to operate as ERN INDUSTRIAL CARRIERS LIM­ thority sought to operate as a contract a common carrier, by motor vehicle, over ITED, Box 13K, Rural Route No. 2, Ed­ carrier, by motor vehicle, over irregular irregular routes, transporting: Passen­ monton, Alberta, Canada. Applicant’s routes, transporting: New and reproc­ gers and their baggage, in the same ve­ representative: J. F. Meglen, Post Office essed paper products and waste papers, hicle with passengers, in charter service, Box 1581, Billings, Mont. 59103. Author­ between points in Hlinois, Indiana, Iowa, beginning and ending at points in Sussex ity sought to operate as a common car­ Michigan, Ohio, and Wisconsin, under County, N.J., and extending to points in rier, by motor Vehicle, over irregular contract with International Cellulose, Connecticut, Delaware, Maryland, Mas­ Inc. N ote : If a hearing is deemed neces­ sachusetts, New York, Pennsylvania, routes, transporting: Steel, casing and sary, applicant requests it be held at oil field equipment, from the port of en­ Rhode Island, Vermont, Virginia, and Chicago, HI. the District of Columbia. N ote: If a try at or near Sweetgrass, Mont., on the No. MC 134163, filed November 19, international boundary line between the hearing is deemed necessary, applicant 1969. Applicant: JOSEPH RICHARD­ requests it be held at Newark, N.J. United States and Canada to points in SON, Post Office Box 146, Bridgeport, Montana and Wyoming, with return of Pa. 19405. Applicant’s representative: Application of F reight F orwarders rejected materials. N ote: Applicant E. Stephen Heisley, 705 McLachlen Bank No. FF-382 (NATIONAL MOVERS states that it does not intend to tack. Building, 666 11th Street NW„ Wash­ FORWARDING CORP., Freight For­ If a hearing is deemed necessary, appli­ ington, D.C. 20001. Authority sought to warder Application) filed December 8, cant requests it be held at Billings, Mont. operate as a common carrier, by motor 1969. Applicant: NATIONAL MOVERS No. MC 133982 (Sub-No. 1), filed vehicle, over irregular routes, transport­ FORWARDING CORP., Post Office Box November 12, 1969. Applicant: ALVIN P. ing: Frozen foods, from the plantsites 70, Rutherford, N.J. 07070. Applicant’s MURPHY, doing business as MURPHY and warehouse facilities of Pet, Inc., at representative: Herbert Burstein, 30 PRODUCE, Box 426, Miles City, Mont. or near Allentown, Pa., to points in Con­ Church Street, New York, N.Y. 10007. 59301. Authority sought to operate as necticut, Delaware, Maine, Maryland, Authority sought under section 410, Part a common carrier, by motor vehicle, over Massachusetts, New Hampshire, New IV of the Interstate Commerce Act for irregular routes, transporting: Cheese, Jersey, New York, Ohio, Rhode Island, a permit authorizing applicant to insti­ in truckload lots, from Beach and Dick­ Vermont, Virginia, West Virginia, and tute operation as a freight forwarder in inson, N. Dak., to Wellsville, Utah. Note: the District of Columbia. N ote: Appli­ interstate or foreign commerce in the If a hearing is deemed necessary, appli­ cant holds contract authority under MC forwarding of; (a) household goods, as cant requests it be held at Dickinson or 95763, therefore, dual operations may be defined by the Commission; (b) un­ Beach, N. Dak. involved. If a hearing is deemed neces­ accompanied baggage; and (c) privately No. MC 134063 (Sub-No. 2), filed sary, applicant requests it be held at owned automobiles, between points in November 24, 1969. Applicant: FRANK Washington, D.C. the United States, including Alaska and R. CHULLINO, doing business as MID­ No. MC 134168, filed November 19,1969. Hawaii. WEST TRANSPORTATION COMPANY, Applicant: PIKE COUNTY TRUCKING 2802 Avenue B, Council Bluffs, Iowa COMPANY, INC., Box 445, Highway 197, Application in W hich H andling W i t h ­ 51501. Applicant’s representative: Einar Elkhom City, Ky. 41522. Applicant’s out Oral H earing Has B een R e q u e s t e d Viren, 904 City National Bank Building, representative: Fred F. Bradley, 213 No. MC 531 (Sub-No. 264), filed No­ Omaha, Nebr. 68102. Authority sought St. Clair Street, Frankfort, Ky. 40601. vember 13, 1969. Applicant: YOUNGER to operate as a common carrier, by motor Authority sought to operate as a contract BROTHERS, INC., 4904 Griggs Road, vehicle, over irregular routes, trans­ carrier, by motor vehicle, over irregular Post Office Box 14048, Houston, Tex. porting: Alcoholic beverages (except routes, transporting: Crushed stone, 77021. Applicant’s representative: Wray malt beverages) in containers, from limestone, gravel, aggregates, and agri­ E. Hughes (same address as applicant) . points in Kentucky to Omaha, Nebr. cultural lime, from Elkhorn Stone Co., Authority sought to operate as a com­ Note: Applicant holds contract author­ Inc., Pike County, Ky., to points in Bu­ mon carrier, by motor vehicle, over ity under MC 129574, and will request chanan, Dickenson, Lee, Russell, Scott, irregular routes, transporting: Spent cancellation of contract carrier author­ Smyth, Tazewell, Washington, and Wise sulphuric acid, in bulk, in tank vehicles, ity upon the grant of common carrier Counties, Va., and points in Logan, from Natchez, Miss., to points in Louisi­ authority. This should eliminate any Mingo, McDowell, and Wyoming Coun­ ana. N ote: Applicant states that the problem of dual authority. If a hearing ties, W. Va., under contract with Elkhorn requested authority cannot be tacked is deemed necessary, applicant requests Stone Co., Inc., Pike County, Ky. N ote: with its existing authority. Common con­ it be held at Omaha, Nebr. If a hearing is deemed necessary, appli­ trol may be involved. No. MC 134086 (Sub-No. 2), filed cant requests it be held at Lexington November 18, 1969. Applicant: LEWIS or Louisville, Ky., or Cincinnati, Ohio. By the Commission. A. HANNABASS, Box 119, Goodview, Va. No. MC 134167, filed November 21, [seal] H. N eil Garson, 24995. Applicant’s, representative: Eston 1969. Applicant: MARY AGNES DONA­ Secretary, H. Alt, Post Office Box 81, Winchester, HUE, doing business as DONAHUE Va. 22601. Authority sought to operate TRUCKING CO., 12725 West Stark [F.R. Doc. 69-14956; Filed, Dec. 17, 1969; as a contract carrier, by motor vehicle, Street, Butler, Wls. 53007. Applicant’s 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 242— THURSDAY, DECEMBER 18, 1969 FEDERAL REGISTER 19863

CUMULATIVE LIST OF PARTS AFFECTED— DECEMBER

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 December.

1 CFR Page 7 CFR— Continued Page 7 CFR— Continued Page Ch. I______— 19106 1464______— 19746 P roposed R ules—Continued 1488______19705 1131 _ 19078 3 CFR 1495______19496 1132 ______19078 Proclamations : 1501______19714 1133 ______19078 3044 (amended by Proc. P r o p o s e d R u l e s : 1134r______19078 3948)______19699 724 ______19550 1136 ______19078 3946 ______19541 725 ______19356 1137 _____ 19078 3947 ______19643 812______— — 19293 1138— — ------19078 3948 ______19699 905______19078 3949 ______■— _ 19797 908______— 19767 8 CFR Executive Orders : 947______19294 212 ------19799 11248 (amended by EO 1001______19078 238 ------19799 11499) ______19645 1002______19078 245 ------19799 11452 (amended by EO 1003 ______19078 251------______19799 11500) ______19701 1004 ______19078 11498 _____— ______19125 1005 ___ 19078.19507 9 CFR 11499______— 19645 1006 ______19078 76------19128, 11500 ______19701 1007______19078 19129, 19288, 19498, 19544, 19647, 1011______19078 19714 Presidential D ocuments Other 1012______19078 Than P roclamations and Ex­ 1013______— 19078 P roposed R ules: ecutive Orders: 1015 ______19078 201------— 19468 Order of December 8,1969______19417 1016 ___ —— 19078 1030______19078 10 CFR 5 CFR 1032 ______19078 1 ...... __...... 19546 210------19495 1033 ___ 19078.19507 2 ------19546 213------19258,19495, 19543,19747, 19748 1034 ___ 19078.19507 20------19546 332______19748 1035 ___ 19078.19507 30------19546 550------19495, 19496, 19748 1036 ___ 19078.19507 36------19546 870 ------19543 1040 ___ 19078,19142 40------19546 871 ------19543 1041 __ 19078.19507 50------19546 1043 ______19078 55------19546 7 CFR 1044 ______19078 70 ------19546 1046______19078 71 ------19546 53______19337 1049 ______19078 115------19546 101_ ------19060 1050 ______19078 140------19546 102______19060 1060______19078 150—------19546 103______19060 1061——______19078 104. 170______19546 ------: ______19060 1062______19078 P roposed Rules: 105. ______19060 1063— ______19078 106_ ------19060 1064 ___ 40------19511 107. ______19078 — ------19060 1065 ______19078 12 CFR 108_ ------19060 1068______— 19078 ,111------19060 1069______19078 526_— ------19186 301------19061 1070-—______19078 545_____ 19187 41Ò------19603 1071______- 19078 569-----— ------=____ 19187,19188 701------19703 1073— ______19078 Proposed R ules: 718------19063 1075 ______19078 722. 563______19299 ------19743-19745 1076 ______19078 571------— ______19299 725. ------19127 1078 ___ 728_. ______19078 ------19063 1079 ______19078 13 CFR 729 . ------19809 1090______19078 777------19063 1094______121______19129 811- ____ _ 19078 ------19289 1096 ______19078 817------19606 14 CFR 827- 1097 ______19078 ------19063 1098 ______19078 39—------19188-19191, 871-. ------19064 1099-______905- ______19078 19498, 19545, 19595, 19648 19067, 19462, 19463, 19809, 19810 1101______19078 71------19073, 906------19290 907. 1102-___ ;______19078 19130, 19245, 19339, 19340, 19464, ------19068, 1103— ______19078 19499, 19500, 19545, 19649, 19715, 19185, 19463, 19548, 19607, 19703, 1104______19078 19748, 19749, 19799 19811 1106-______19078 73------19501, 19649, 19749, 19800 910- — 19128,19339,19464,19647, 19703 912. 1108—______19078 75------19595, 19749 929— ------19496 1120— ____ r— — 19078 91------19133 ------19290 1121______19078 95------—______19749 945 ------19068 948, 1124— ______19078 97_I------19246,19596 959— ------19704 1125 ______19078 121------19133 ------19290 1126 ______19078 127------19134 966------19185, 19746 993— 1127______19078 135------19134 — ------19704 1128—______19078 151------19501 14211 ------19496,19705 1430- 1129______19078 159------19192 ------19647 1130—______1 19078 221—...... 19715 s 19864 FEDERAL REGISTER Page 14 CFR—Continued page 21 CFR— Continued Page 42 CFR 224______19192 148e______19595 57______------19752 241______19750 320______;___19654 81______19354,19758,19759 244______19340,19603 P roposed R ules: P roposed R ules: 249______19751 3 ______19660 296 ______19341 18— ______— ______— 19142 73______19613 297 ______!______19342 78______19720 385 _ 19140 24 CFR 81______19469,19470 399______,______.___ ¿----- 19344 6 ______:_ 19465 Proposed R ules: 81______— ______19656 43 CFR 37______19142 200 ______"______:_ P ublic L 19074and Order: 3 9 ______19200 P roposed R ules: 71___ 19080, 3 1 ______.___*•______19814 4748______— ______19355 19297, 19374-19376, 19470, 19510, Proposed R ules: 19551, 19552, 19660, 19661, 19820 25 CFR 73______19376,19471,19510 4110______19200 93______19552 P roposed R ules: 208______19297 221___ 19468 45 CFR 214______—______19297 85______- ______19506 295______19297 26 CFR 250______19759 147______19751 15 CFR 194______19277 46 CFR 201 ______19277 368______1971,5 6______19076 371______19715 28 CFR 144______19196 374______19716 154______;___ 19076 379______19716 0 ______19656 222______- 19547 386 ______19716 29 CFR P roposed R ules 50______19074 47 CFR 7 ______19812 673______- ______19655 1 ______19419 850______19192 2 ______19421 16 CFR 1500______19195 43______19196 P roposed R ules: 73 _ 19759,19760 13 ______19068-19071, 74 ______19763 19346-19351, 19501, 19502, 19649- Ch. V ______19296 81______19419 19651 83______19421 15 ______19072, 19800 31 CFR 85______19421 316______19402 87______19421 332_____ 19409 91______19765 17 CFR 342______19504 200------19652 500______19504 P roposed R ules: 240______19717 515______19504 0______;______19200 1______19080,19200,19512 18 CFR 32 CFR 21- ______19200 23______19200 P roposed R ules: 150______— 19607 723______19195 61__-______1 ______19080 157______-______—— 19613 813a______19503 73______19513, 19769-19771 101 ______—______- __ 19821 8 1 8 ______19801 83______— ___ 19513 141______— - 19821 1606______- ______19503 95______19472 201 ______- 19821 260 ______19821 33 CFR 49 CFR P roposed R ules: 371______19547,19611 19 CFR 110______19722 _____ 19077 8______19652 1033______16 ______- 19291 38 CFR P roposed R ules: 17a ______19511,19722 P roposed R ules: 17______19752, 19803 179______19553 31______1_____ i ______19721 39 CFR 1047—______1051J 1048_____ 19144,19299,19515,19516 20 CFR 171______— — 19352 1112_____ 19471 535 _____ 19803 401__ 5______19465 602 ___ 19800 41 CFR 50 CFR 625______19656 19077 1 -1 ______19075 12_. 1 -1 9 ____ 19353 28_. 19548 21 CFR 5 A -1 ______19504, 19752 33_ 19141, 19199, 19505, 19548, 19811 1 ______19465 5A -16 ______;_r______19505 256 19199 101-20______19505 14 _ 19140 P roposed R ules: 19______19653 101-39____ 19075 19468 121____ 19073,19140,19547,19653,19654 101-43______19075 3 2 „ —___ _