Federal Register: 33 Fed. Reg. 7551 (May 22, 1968).

FEDERALREGISTERVOLUME 33 * NUMBER 100

Wednesday, May 22, 1968 * Washington, D.C.

Pages 7551-7614

Agencies in this issue-

Agricultural Research ServiceAgricultural Stabilization and

Conservation ServiceAtomic Energy CommissionBusiness and Defenie Services

AdministrationCivil Service CommissionConsumer and Marketing ServiceEmployment Security BureauEngineers CorpsFederal Aviation AdministrationFederal Communications CommissionFederal Home Loan Bank BoardFederal Power CommissionFederal Trade CommissionFish and Wildlife ServiceVoreign Direct Investments Office

' Interstate Commerce CommissioriLand Management BureauMaritime AdministrationNational-Park ServicePost Office DepartmentSecurities and Exchange CommissionSmall Business AdministrationWage and Hour Division

Detailed list of Contents appears inside.f •

Just Released

CODE OF FEDERAL REGULATIONS.(As of January 1, 1968)

Title- 7-Agriculture (Parts 210-699) (Revised) - $1.25

Title 7-Agriculture (Parts 900-944) (Revised) -------- 1.00

Title 7-Agriculture (Parts 945-980) (Revised) -------- .65

[A cumulative checklist f OFR issuances for 1968 appears in the first issueof the Federal Register each month under Title 1]

Order from Superintendent of Documents,United States Government Printing Office,

Washington, D.C. 20402

rnrnu~bi~fflW r'W IFD Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, orFEBEW W Eon the day after an official Federal holiday), by the Office of the Federal Register, NationalAa ---86 Archives and Records Service, General Services Administration (mail address National

Area Cde 202 - Phone 962-8626 Archives Building, Washington, D.C. 20408), pursuant to the authority contained in theFederal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regulations prescribed by the Admin-istrative Committee of the Federal Register, approved by the-President (1 CFR Ch. I). Distribution is made only by the Superintendentof Documents, U.S. Government Printing Office, Washington, D.C. 20402.

The FEDERAL REGISTER will be furnished by mall to subscribers, free of postage, for $1.50 per month or $15 per year, payable Inadvance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents foreach additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents,U.S. Government Printing Office, Washington, D.C. 20402.

The regulatory material appearing herein is keyed to the CODE Or FEDERAL REGULATIONS, which is published, under 50 titles, pur-suant to section 11 of the Federal Register Act, as amended. The CODE OF FEDERAL REGULATIONS Is sold by the Superintendent ofDocuments. Prices of books and pocket supplements are listed in the first FEDERAL REGISTER issue of each month.

There are no restrictions on the republication of material appearing in the FEDERAL REGISTER or the CODE OF FEDERAL REGULATIONS.

ContentsAGRICULTURAL RESEARCH

SERVICERules and RegulationsDomestic quarantine; goybean

cyst nematodes (3 documents) - 7555-7563

NoticesJapanese and white-fringed bee-

tles, European chafer, and im-orted fire ant; list of approved

laboratories authorized to re-ceive soil samples without certi-fication or permit ------------- 7 593

AGRICULTURAL STABILIZATIONAND CONSERVATION SERVICE

Rules and RegulationsCotton, upland; acreage allot-

ments for 1968 and succeedingcrops; county history acreage-- 7564

AGRICULTURE DEPARTMENTSee Agricultural Research Serv-

ice; Agricultural Stabilizationand Conservation Service; Con-sumer and Marketing Service.

ARMY DEPARTMENTSee Engineers Corps.

ATOMIC ENERGY COMMISSIONRules and RegulationsContract clauses; safety, health,

and fire protection ------------ 7572NoticesGulf General Atomic, Inc.; is-

suance of amended facility li-*cense ---------------------- 7600

BUSINESS AND DEFENSESERVICES ADMINISTRATION

NoticesDecisions on applications for

duty-free entry of scientificarticles:

Case Western Reserve Uni-versity -------------------- 7595

Orange County Community Col-lege ---------------------- 7596

State University of New York--. 7596Texas A&M University --------- 7596University of California at Los

Angeles ------------------- 7597University of California, San

Diego --------------------- 7 7597University of Hawaii ---------- 7 7598University of Houston --------- 7598University of innmesota ------ 7598University of Pennsylvania .... 7599University of Texas ------------ 7 599Wayne State University ------- 7 599

CIVIL SERVICE COMMISSIONRules and RegulationsExcepted service; Office of Emer-

gency Planning -------------- 7555

Notices-Manpower shortage; social insur-

ance claims examiner, SocialSecurity Administration__.....

COMMERCE DEPARTMENTSee Business and Defense Services

Administration; Foreign DirectInvestments Office; MaritimeAdministration.

CONSUMER AND MARKETIISERVICE

Rules and RegulationsShipments limitations:

Nectarines grown in California(2 documents) --------- 7564,

Peaches, fresh, grown in Geor-gia

Proposed Rule MakingMilk in Greater Kansas City mar-

keting area; decision ----------

DEFENSE DEPARTMENTSee Engineers Corps.

EMPLOYMENT SECURITYBUREAU

Rules and RegulationsCertification of temporary foreign

labor for industries other thanagriculture or logging

ENGINEERS CORPSRules and RegulationsFlood control; Jamestown Dam

and Reservoir, N. Dak ---------

FEDERAL AVIATION-ADMINISTRATION

Rules and RegulationsAirworthiness directive; Piper PA-

28 and PA-32 Series airplanes_. 7Control zone; revocation --------- 7Proposed- Rule MakingControl zone and transition area;

alteration ---------.. . .--- 7True light certificates ----------- 7NoticesAuthority delegation; Director,

Flight Standards Service ------ 7

FEDERAL COMMUNICATIONSCOMMISSION

Rules and RegulationsDomestic -public radio services

other than maritime mobile; in-crease in maximum radio chan-nel bandwidth --------------- 7

FM broadcast stations in PuertoRico; maximum power and an-tenna height ----------------- 7

Proposed Rule MakingFM broadcast stations; table of

assignments; Donaldsbnville,7600 Ga., etc ------------------ 7586

Standard,. FIM, and televisionbroadcast stations; multipleownership ------------------ 7583

NoticesStandard broadcast applications

ready and available for proc-

NG essing; correction---------- 7 7600

FEDERAL HOME LOAN BANKBOARD

Notices

7565 Budget Industries,- Inc.; intentionto acquire Budget Finance Plan- 7600

566566

581582

FEDERAL POWER COMMISSIONNoticesHearings, etc.:

El Paso Natural Gas Co ------- 7 601Medina Gathering Corp ------- 7 601Natural Gas Pipeline Companyof America ---------------- 7 7601Transwestern Pipeline Co ------ 7 602

FEDERAL TRADE COMMISSIONRules and RegulationsProhibited trade practices:

Coleman Co., Inc ------------- 7566Head Ski Co., Inc., and Head Ski

& Sportswear, Inc ----------- 7 567Robert's Discount Center et al-_ .7569Stern-Slegman-Prins Co. et al-_ 7569

FISH AND WILDLIFE SERVICENoticesRalph J. Smith; loan application- 7592

FOREIGN DIRECT INVEST-MENTS OFFICE

Proposed Rule MakingForefgn direct investments ------- 7577

INTERIOR DEPARTMENTSee Fish and Wildlife Service;

Land Management Bureau; Na-tional Park Service.

- INTERSTATE COMMERCECOMMISSION

600 Notices

Motor carriers:Alternate route deviation no-

ticesApplications and certain other

proceedingsIntrastate applications --------Temporary authority applica-

tionsWeir Cook Municipal Airport

exempt zone; petition ---------ry (Coninue, on next page)

7604

76067604

7611

7603.

7553i

CONTENTS

LABOR DEPARTMENTSee Employment Security Bureau;

Wage and Hour Division.

LAND MANAGEMENT BUREAURules and RegulationsIdaho; public land order; with-

drawal for administrative site- 757

Proposed Rule MakingMinerals management; testing

permits --------------------- 757

NoticesAuthority delegation; Associate

Director et al --------------- 751Nevada:

Opening of public lands ------ 75,Proposed classification for dis-

posal --------------------- 75Utah; proposed classification of

public lands for multiple-usemanagement ---------------- 75.

Wyoming; proposed classificationof public lands; correction (2documents)------------------75t

MARITIME ADMINISTRATIONNoticesVietnam service bar for Ameri-

can Merchant Marine; issuance- 7600

NATIONAL PARK SERVICENoticesAuthority delegation; Adminis-

72 trative Officer, Pinnacles Na-tional Monument ------------ 7593

POST OFFICE DEPARTMENT5 Proposed Rule Making

Service in post offices; nonavail-ability of boxes of adequate size- 7575

0

92

92

SECURITIES AND EXCHANGECOMMISSION

NoticesHearings, etc.:

Alcar Instruments, Inc -------- 7602Continental Vending Machine

Corp --------------------- 7602Fastline, Inc ----------------- 7602Westec Corp ----------------- 7602

SMALL BUSINESSADMINISTRATION

NoticesArkansas; declaration of disaster

loan area ------------------- 7603Authority delegation; Associate

Administrator for Financial•Assistance ------------------ 7603

TRANSPORTATION DEPARTMENTSee Federal Aviation Administra-

tion.

WAGE AND HOUR DIVISIONRules and RegulationsWage order procedure for Puerto

Rico, the Virgin Islands, andAmerican Samoa; compensationof committee members -------- 75

NoticesJoseph Roy Flowers; proceedings

to determine reasonable cost offacilities furnished to em-ployees --------------------- 76

71

03

List of CFR Parts AffectedThe 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 sectionsaffected by documents published since January 1, 1968, and specifies how they are affected.

5 CFR213 -------------------------- 7555

7 CFR301 (3 documents) ---- 7555, 7557, 7563722 -------------------------- 7564916 (2 documents) ---------- 7564, 7565918 ----------------------------- 7565PROPOSED RULES:1064 ------------------------- 7576

14 CFR39 --------------.----- 756671-------- ----------------- 7566PROPOSED RULEs:71 --------------------------- 7581151 ----------------------------- 7582171 -------------------------- 7582

15, CFRPROPOSED RULES:1000 ------------------------- 7577

16 CFR13 (4 documents) ------ 7566, 7567, 7569

20 CFR621 -------------------------- 7570

29 CFR511 -------------------------- 7571

33 CFR208 ---------------------------- 7571

39 CFRPROPOSED RULES:151 -------------------------- 7575

41 CFR9-7 -------------------------- 7572

43 CFRPUBLIC LAND ORDER:4416 ------------------------- 7572PROPOSED RULES:3000 ------------------------- 7575

47 CFR21 ---------------- ----------- 757273 --------------------------- 7573PROPOSED RULES:73 (2 documents) ----------- 7583, 7586

7554

7555

Rules and RegulationsTitle 5-ADMINISTRATIVE

PERSONNELChapter I-Civil Service Commissio

PART 213-EXCEPTED SERVICE

Office of Emergency PlanningSection 213.3326 is amended to shol

the change in title of three positions tthe Office of Emergency Planning anthe revocation of the schedule C authorIty for two positions. Effective on publicatlon in the FEDERAL REGISTER, § 213.3326 is amended as set out below.§ 213.3326 Office of Emergency Plan

ning.

(a) Office of the Director. * * *(4) General Counsel.

• * * * *

(f) Office of Liaison. (1) The Directo3* * * * *

(i) [Revokedi.(j) Emergency Operations Office. (1

The Director.(2) [Revoked].

• * * * *

(n) Program Planning and EvaluatioOffice. (1) The Director.

(5 U.S.C. 3301, 3302, E.O. 10577, 19 P.R. 75213 CFR 1954-58 Comp., p. 218)

UNTED STATES CIVIL SERV-IcE COMMISSION,

[sEAL] JAMES C. SPRY,Executive Assistant to

the Commissioners.[1R. Doc. 68-6077; Filed, May 21_ 1968

8:47 am.]

Title 7-AGRICULTUREChapter Ill-Agricultural Researc

Service, Department of Agriculture

PART 301-DOMESTIC QUARANTINENOTICES -

Subpart-Soybean Cyst NematodePursuant to sections 8 and 9 of th

Plant Quarantine Act of August 20, 1911as amended, and section 106 of the Federal Plant Pest Act (7 U.S.C. 161, 162I50ee), Notice of Quarantine No. 79 relating to the soybean cyst nematode an,regulations supplemental to said quarantine (7 CFR 301.79, 301.79-1, 301.79-2301.79-3 through 301.79-10), are herebrevised to read as follows:

QuAlRATINE AND REGULATIONSSec.301.79 Quarantine; restriction on Inter

state movement of specifetregulated articles.

301.79-1 Definitions.

sec. (4) Plant crowns and roots for propa-301.79-2 Authorization for Director to list gation;

regulated areas and articles . (5) True bulbs, corms, rhzomes andwhich are exdmpt from certif(-cation and permit requirements. tubers of ornamental plants;

301.79-3 Conditions governing the inter- (6) Root crops, except those fromn state movement of regulated which all soil has been removed;

articles from quarantined (7) Peanuts in shells and peanutStates. shells, except boiled or roasted peanuts;

301.79-4 Issuance and cancellation of cer- (8) Soybeans;tifcates and permits. (9) Hay, straw, fodder and plant litter

w 301.79-5 Compliance agreements; and can- of any kind;n cellation thereof.d 301.79-6 Assembly and Inspection of reg- (10) Seed cotton;

1.7 ulated articles. (11) Ear corn, except shucked ear301.7-7 Attachment and disposition of corn;

certificates and permits. (12) Used crates, boxes, burlap bags,301.79-8 Inspection and disposal of regu- cotton picking sacks and other used farm

lated articles and pests. products containers;301.79-9 Movement of ive soybean cyst (13) Used farm tools and implements;

nematodes. (14) Used mechanized cultivating301.79-10 Nonllability of the Department. equipment and used harvesting ma-

Au'rHosrrv The provisions of this subpart chinery;Issued under sees. 8, 9, 37 Stat. 318, as (15) Used mechanized soil movingamended, sec. 106, 71 Stat. 33; 7 U.S.C. 161, equlpment;162, 150ee; 29 FR. 16210, as amended, 30 (FR. 5799, as amended. (16) Any other product, articles, or

means of conveyance, of any character§301.79 Quarantine; restriction on in. whatsoever, not covered by subpara-

terstate movemeit of specified reg- graphs (1) through (15) of this para-ulated articles, graph, when it is determined by an in-

(a) Notice of quarantine. Pursuant to spector that they present a hazard ofthe provisions of sections 8 and 9 of the spread of soybean cyst nematode, andPlant Quarantine Act of August 20, 1912, the person in possession thereof has

n as amended, and section 106 of the Fed- been so. notified.eral Plant Pest Act (7 U.S.C. 1611 162, § 301.79-1 Definitions.150ee), the Secretary of Agricultureheretofore determined, after public hear- Terms used in the singular form ining, that it was necessary to quarantine this subpart shall be deemed to importthe States of Arkansas, Illinois, the plural, and vice versa, as the caseKentucky, Mississippi, Missouri, North may demand. The following - terms,Carolina, Tennessee, and Virginia in when used in this subpart, shall be con-order to prevent the spread of soybean strued, respectively, to mean:cyst nematode (Heterodera glycines (a) Certificate. A document issued orIchinohe), which causes a dangerous dis- authorized to be issued under this-sub-ease of soybeans and certain other part by an inspector to allow the inter-plants, not theretofore widely prevalent state movement of regulated articles toor distributed within and throughout the any destination.United States, and accordingly quaran- (b) Compliance agreement. A writtentined said States. Under the authority of agreement between a person engaged insaid provisions, the Secretary hereby con- growing, handling, or moving regulated

h tinues such quarantine in effect with articles, and the Plant Pest Control Di-respect to the interstate movement from vision, wherein the former agrees tothe quarantined States of the 'articles comply with the requirements of this

E described in paragraph (b) of this sec- subpart identified in the agreement bytion, issues the regulations in this sub- the inspector who executes the agree-part governing such movement, and gives ment on behalf of the Division as ap-notice of said quarantine and regula- plicable to the operations of such person.

e tions. (c) 'Director. The Director of the Plant(b) Quarantine restrictions on inter- Pest Control Division, Agricultural Re-

- state movement of specified regulated search Service, U.S. Department of Agri-articles. No common carrier or other per- culture, or any other officer or employee

- son .shall move interstate from any of said Service to whom'authority to acti quarantined State any of the following in his stead has been or may hereafter

articles (defined in § 301.79-1(1) as regu- be delegated.lated articles), except in accordance (d) Infestation. The presence of thewith the conditions prescribed in this soybean cyst nematode or the existencesubpart: of circumstances that make it reasonable

(1) Soil, compost, decomposedmanure, to believe that soybean cyst nematode(1) oilcomostdecoposdmanreis present.humus, muck, and peat, separately or (e) Inspector Any employee of the

with other things;( Plant Pest Control Division, Agricultural(2- Plants withroots; Research Service, U.S. Department of(3) Grass sod; Agriculture, or other person authorized

FEDERAL REGISTER, VOL. 33, NO. TOO--WEDNESDAY, MAY 22, 1968

RULES AND REGULATIONS

by the Director to enforce the provisionsof the quarantine and regulations in thissubpart.

(f) Interstate. From any State, ter-ritory, or district into or through anyother State, territory, or district of theUnited States (including Puerto Rico).

(g) Limited permit. A document issuedor authorized to be issued by an inspectorto allow the interstate movement of non-certified regulated articles to a specifieddestination for limited handling, utiliza-tion, or processing, or for treatment.

(h) Mechanized cultivating equip-ment; mechanized soil-moving equip-ment. Mechanized equipment used forcultivating purposes, e.g., turning or diskplows; or for moving or transporting soil,e.g., draglines, bulldozers, road scrapers,and dumptrucks.

(i) Moved (movement, move). Shipped,offered for shipment to a common car-rier, received for transportation or trans-ported by a common carrier, or carried,,transported, moved or allowed to bemoved by any means. "Movement" and"move" shall be construed accordingly.

Qi) Person. Any individual, corpora-tion, company, society, or association, orother organized group ofany of the fore-going.

(k) Regulated area. Any quarantinedState, or any portion thereof, listed as aregulated area in § 301.79-2a or otherwisedesignated by the Director in accordancewith § 301.79-2(a).

(1) Regulated articles. Any articles de-scribed in § 301.79(b).

(m) Restricted destination permit. Adocument issued or authorized to beissued by an inspector to allow the inter-state movement of regulated articles notcertified under all applicable Federaldomestic plant quarantines to a specifieddestination for other than scientificpurposes.

(n) Scientific permit. A documentissued by the Director to allow the inter-state movement to a specified destina-tion of regulated articles for scientificpurposes.

(o) Soil. That part of the upper layerof earth in which plants can grow.

(p) Soybean cyst nematode. Thenematode known as the soybean cystnematode (Heterodera glycines Ichi-nohe), in any stage of development.

(q) Treatment manual. The provisionscurrently contained in the "Manual ofAdministratively Authorized ProceduresTo Be Used Under the Soybean CystNematode Quarantine" and the "Fumi-gation Procedures Manual" and anyamendments thereto.1

§ 301.79-2 Authorization for Directorto list regulated areas and articleswhich are exempt from certificationand permit requirements.

The Director shall publish and amendfrom time to time as the facts warrant,the following lists:

I Pamphlets containing such provisions areavailable, upon request from the Director,Plant Pest Control Division, Agricultural Re-search Service, U.S. Department of Agricul-ture, Hyattsville, Md. 20782, or from aninspector.

(a) List of regulated areas. The Direc-tor shall list as regulated areas in a sup-plemental regulation designated as§ 301.79-2a, the quarantined States, orportions thereof, in which soybean cystnematode has been found or in whichthere is reason to believe that soybeancyst nematode is present, or which it isdeemed necessary to regulate because oftheir proximity to infestation or their in-separability for quarantine enforcementpurposes from infested localities, pro-vided that less than an entire quaran-tined State will be designated as a regu-lated area only if the Director is of theopinion that:

(1) The State has adopted and is en,-forcing a quarantine or regulation whichimposes restrictions on the intrastatemovement of the regulated articles whichare substantially the same as those whichare imposed with respect to the inter-state movement of such articles underthis subpart; and

(2) The designation of less than the;entire State as a regulated area willotherwise be adequate to prevent theinterstate spread of the soybean cystnematode.

The Director may temporarily designateany other premises in a quarantinedState as a regulated area, in accordancewith the criteria specified above for list-ing regulated areas, by serving written-notice thereof on the owner or person'inpossession of such premises, and there-after the interstate movement of regu-lated articles from such premises by anyperson having n6tice of this designationshall be subject to the applicable provi-sions of this subpart. As soon as prac-ticable, such premises shall be added tothe list in § 301.79-2a if a basis thenexists for their designation.

(b) List of articles which are exemptfrom certification and permit require-ments. The Director may, in a supple-mental regulation designated as § 30179-2b, list regulated articles which shall beexempt from the certification and permitrequirements of § 301.79-3 under suchconditions as he may prescribe, if hefinds that facts exist as to the pest riskinvolved in the movement of such regu-lated articles which make it safe to sorelieve such requirements.

§ 301.79-3 Conditions governing the in-terstate movement of regulated ar-ticles from quarantined States.2

(a) Any regulated articles may bemoved interstate from any quarantinedState to any destination, if-

(1) They are accompanied by acertificate; or

(2) They are exempt from certifica-tion or permit requirements under§ 301.79-2b.

(b) Any regulated articles may bemoved interstate from any quarantinedState, if accompanied by a permit, toany destination authorized'- by suchpermit.

2 Requirements under all other applicableFederal domestic plant quarantines must alsobe met.

(c) Any regulated articles may bemoved interstate from any regulatedarea in any quarantined State to anycontiguous regulated area without fur-ther restriction under this subpart.

(d) -Any regulated articles that origi-nated outside of the regulated areas inthe quarantined States or in a non-quarantined State may be moved inter-state from any quarantined State if thepoint of origin of such articles is clearlyindicated on the shipping documentwhich accompanies the shipment and if,in the case of articles moved -throughany regulated area, they are determinedby an inspector as having been safe-'guarded against infestation while in theregulated area in a manner satisfactoryto him.

§ 301.79-4 Issuance and cancellation ofcertificates and permits.

(a) Certificates may be issued for anyregulated articles by an inspector if hedetermines that they are eligible forcertification for movement to any desti-nation under all Federal domestic plantquarantines applicable to such articlesand:

(1) Have originated in noninfestedpremises in a regulated area and have.not been exposed to infestation whilewithin the regulated areas; or

(2) Have been treated to destroy in-festation in accordance with the treat-ment manual; or

(3) Have been grown. produced, manu-factured, stored, or -handled in such amanner that no infestation would betransmitted thereby.

(b) Limited permits may be issued byan inspector to allow interstate move-ment of regulated articles, not eligiblefor certification under this subpart,, tospecified destinations for limited han-dling, utilization, or processing, or fortreatment in accordance with the treat-ment manual, when upon evaluation ofthe circumstances involved in each spe"-cific case he determines that such move-ment will not result in the spread of thesoybean cyst nematode and requirementsof other applicable Federal domesticplant quarantines have been met.

Cc) Restricted destination permitsmay be issued by an inspector to allowthe interstate movement (for other. thanscientific purposes) of regulated articlesto any destination permitted under allapplicable Federal domestic plant quar-antines if such articles are not eligiblefor certification under all such 'quaran-tines but would otherwise qualify for cer-tification under thin subpart.

(d) Scientific permits may be issuedby the Director to allow the interstatemovement of regulated articles for scien-tific purposes under such conditions asmay be' prescribed in each specific case-by the Director.

(e) Certificate, limited permit, and re-stricted destination permit forms may beissued by an inspector to any person foruse by the latter for subsequent ship-ments provided such person is operatingunder a compliance agreement; and anysuch person may be authorized by aninspector to reproduce such forms on

FEDERAL REGISTER, VOL. 33, NO. 100-WEDNESDAY, MAY 22, 1968

7556


shipping containers or otherwise. Anysuch person may use the certificateforms, or reproductions of such forms,for the interstate movement of regu-lated articles from the premises of suchperson identified in the complianceagreement if such person has made ap-propriate determinations as specified inparagraph (a) of this section with re-spect to such articles. Any such personmay use the limited permit forms, or re-productions of such forms, for inter-state movement of regulated articles tospecific destinations authorized by theinspector in accordance with paragraph(b) of this section. Any such person mayuse the restricted destination permitforms, or reproductions of such forms,for the interstate movement of regulatedarticles not eligible for certification un-der all Federal domestic plant quaran-tines applicable to such articles, underthe conditions specified in paragraph(c) of this section.

(f) Any certificate or permit whichhas been issued or authorized may bewithdrawn by the inspector if he deter-mines that the holder thereof has notcomplied with any condition for the useof such document imposed by this sub-part.§ 301.79-5 Compliance agreements; and

cancellation thereof.(a) Any person engaged in the busi-

ness of growing, handling, or movingregulated articles may enter into a com-pliance agreement to facilitate the move-ment of such articles under this subpart.Compliance agreement forms may be ob-tained from the Director or an inspector.

(b) Any compliance agreement may becancelled by the inspector who is super-vising Its enforcement whenever he finds,after notice and reasonable opportunityto present views has been accorded to theother party thereto, that such other partyhas failed to comply with the conditionsof the agreement.§ 301.79-6 Assembly and inspection of

regulated articles.

Persons (other than those authorizedto use certificates, limited permits, orrestricted destination permits, or repro-ductions thereof, under § 301.79-4(e))who desire to move interstate regulatedarticles which must be accompanied bya certificate or permit shall, as far inadvance as possible, request an inspector-to examine the articles prior to move-ment. Such articles shall be assembledat such points and in such a manner asthe inspector designates to facilitateInspection.§ 301.79-7 Attachment and disposition

of certificates or permits.(a) If a certificate or permit is re-

quired for the interstate mhovement ofregulated articles, the certificate or per-mit shall be securely attached to theoutside of the container in which sucharticles are moved, except that, wherethe certificate or permit is attached tothe waybill or other shipping document,and the regulated articles are adequatelydescribed on the certificate, permit orshipping document, the attachment of

the certificate or permit to each con-tainer of the articles is not required.

(b) In all cases, certificates or permitshall be furnished by the carrier to theconsignee at the destination of the ship-ment.

§ 301.79-8 Inspection and disposal ofregulated articles and pests.

Any properly identified inspector isauthorized to stop and inspect, and toseize, destroy, or otherwise dispose of,or require disposal of regulated articlesand soybean cyst nematodes as providedin section 10 of the Plant QuarantineAct (7 U.S.C. 164a) and section 105 ofthe Plant Pest Act (7 U.S.C. 150dd), inaccordance with instructions issued bythe Director.

§ 301.79-9 Movement of live soyLcancyst nematodes.

Regulations requiring a permit for,and otherwise governing the movementof live soybean cyst nematodes in inter-state or foreign commerce are containedin the Federal Plant Pest regulations inPart 330 of this chapter. Applications forpermits for the movement of the pestmay be made to the Director.

§ 301.79-10 Nonliability of the Depart-ment.

The U.S. Department of Agriculturedisclaims liability for any costs incidentto Inspections or compliance with theprovisions of the quarantine and regula-tions in this subpart, other than for theservices of the inspector.

This revision shall become effectiveupon publication in the FEDERAL REGISTERwhen it shall supersede the notice ofquarantine and regulations effectiveMarch 31, 1960.

The primary purposes of this revisionare to simplify and clarify the soybeancyst nematode quarantine and regula-tions. The only substantive changes madeare as follows:

The list of regulated articles has beenrevised to include certain specific articleswhich may disseminate the soybean cystnematode and which were heretoforecovered by general language, and to ex-clude certain articles that are no longerconsidered hazardous. The revisioncontains provisions with respect to com-pliance agreements with persons han-dling regulated articles. A requirement isadded for persons moving regulatedarticles from portions of quarantinedStates not included within the "regulatedareas" to' provide proof of origin inconnection with the shipments. Provi-sions are also added under which cer-tificates will not be issued or authorizedto be issued for regulated articles unlessthe articles are certifiable under allapplicable Federal domestic plant quar-antine requirements; restricted destina-tion permits are authorized; and allcertificates or permits are required to besurrendered to the consignee at thedestination of the shipments.

To the extent that this revisionrelieves certain restrictions presentlyimposed, it should be made effectivepromptly in order to be of maximum

benefit to persons subject to the restric-tions which are being relieved. To theextent that this revision imposes re-strictions, they are necessary in orderto prevent the dissemination of the soy-bean cyst nematode, and should be madeeffective promptly to accomplish theirpurposes in the public interest. Accord-ingly, it is found upon good cause underthe administrative procedure provisionsof 5 U.S.C. 553, that further notice andother public procedure with respect tothis revision are impracticable andcontrary to the public interest, and goodcause is found for making it effectiveless than 30 days after publication inthe FEDERAL REGISTER.

Done at Washington, D.C., this 17thday of May 1968.

[SEAL] R. J. ANDERSON,Acting Administrator,

Agricultural Research Service.

[F-R. Doc. 68-6098; Filed, May 21, 1968;8:47 am.]

PART 301-DOMSTIC QUARANTINENOTICES

Subpart-Soybean Cyst Nematode

REGULATED AREAS

'Under the authority of § 301.79-2 ofthe Soybean Cyst Nematode Quarantineregulations, 7 CFR 301.79-2, as amended,33 F.R. 7556, a supplemental regula-tion designating regulated areas is here-by issued to appear in 7 CFR 301.79-2a,as follows:

§ 301.79-2a Regulated areas.

The civil divisions, parts of civil divi-sions, and premises described below, inthe quarantined States, are designatedas soybean cyst nematode regulatedareas within the meaning of the provi-sions in this subpart:

ARHANsAs

Arkansas Couity. Secs. 6 and 7, T. 4 S.,R. 1 W.; sec. 5, T. 5 S, R. 1 W.; secs. 1, 2,3, 4, 9, 10, 11, and 12, T. 4 S, R. 2 W.; secs.5, 6, 7, 8, 17, 18, 19, 20, and 29, T. 7 S., R. 2 W.;secs. 32, 33, and 34, T. 3 S., R. 3 W.; sees.3, 4, and 5, T. 4 S., R. 3 W.; sees. 29, 30, 31,and 32, T. 6 S., R. 3 W.; and sec. 6, T. 7 S.,R. 3 W.

Chicot County. Sees 4, 5, 6, 7, 8, and 9,T. 15 S., R. 1 .; and secs. 1 and 12, T. 15 S.,R. 2W.

Clay County. The entire county.Craighead County. The entire county.Crittenden County. The entire county.Cross County. The entire county.Desha County. Secs. 21, 27, 28, and that

portion of ses. 15, 16, 22, 23, and 26, lyingwest of the Mississippi River located in T.12 S., R. 1 W.; sec. 4, T. 9 S., M. 2 W.; andsees. 26, 27, 28, 29, 32, 33, 34, and 35, T. 10 S.,R. 4 W.

Greene County. The entire county.Independence County. Seas. 3, 4, 5, 8, 9, 17,

and that portion of sees. 10, 15, and 16, lyingwest of the Black River located in T. 13 N.,B. 3 W.; sees. 5, 27, 28, 29, 32, 33, and 34, T.14 N., R. 3 W.; all of T. 11 N., R. 4 W.; sec.1 and the S% T. 12 N., R. 4 W.; and sec. 14,T. 12 N., R. 5 W.

Jackson County. The entire county.Jefferson County. See. 31, T. 3 S., I. 7 W.;

sec. 6, T. 4 S., R. 7 W.; sec. 36, T. 3 S, 1 8W.; and sec. 1, T. 4 S., R. 8W.

FEDERAL REGISTER, VOL 33, NO. 100--WEDNESDAY, MAY 22, 1968--

7557

7558 RULES AND 'REGULATIONS.

Lawrence County. -That portion of the The property owned and operated. by, Lan-county lying east of the Black River; and dis Newton, located in the NW/ 4 sec. 30,sees. 29, 30, 31, 32, and those portions of sees. T. 14 S., R, 3 E.23 and 33, west of the Black River in T. 15 The property owned and operated- by.-N., R. 2 W.; and sees. 25, 26, 27, 28, 29, 30, 31, C. Whitelock, located in NW 4 sec. 22, T. 1432, 33, 34, 35, and 36, T. 15 N., R. 3 W. S., R. 3 E. I .

Lee County. The entire county. The property owned and operated byLincoln County. Sec. 34, T. 7 S., B. 6 W.; E. Woods, located in SEY4 sec. 18,.T. 14 S.,

sees. 10 and 11, T. 8 S., R. 6 W.; and sec. 22, R. 3 E.T. 9 S., R. 6 W. Pope County. Tps. 16 and 17 S., in B. 7

Lonoke County. Sees. 2, 10, 11, 12, and 14, E.; secs. 28, 29, 30, 31, 32, and 33, T. 15 S.,T. 1 N., R. 9 W. R. 7 E.; and secs. 25, 26, and 36, T. 15 S.,

Mississippi County. The entire county. R. 6 E.Monroe County. Sees. 5 and 6, T. 2 N., R. The property owned by Perry Buchanan

2 W.; sec. 26, T. 3 N., B. 2 W.; and see. 34, and operated by L. Hemphill, located in ST. 1 N., R. 4W. sec. 23, NWV4 see. 26, and SE/4 sec. 26, T.

Phillips County, The entire county. 14 S., R. 6 E.Poinsett County. The entire county. Pulaski County. The entire county.Pope County. That portion of the county Union County. The property owned by

lying east of the east line of R. 19 W., and Armstrong Cork Co. and operated by Williamsouth of U.S. Highway 64. Shirley Ames, located in sec. 24 and S/

Prairie County. Sees. 19, 20, 29, and 30, sec. 13, T. 12 S., R. 1 E.T. 4 N., R. 5 W. The property owned by Catherine Mc-

Randolph County. That portion of the Kenzie and operated by William Shirleycounty bounded by a line beginning at a Ames, located in SE/4 sec. 25, T. 12 S., R.point where the Randolph-Clay County line 1 E. -intersects the Missouri State line, thence The farm owned by Harvey Weaver andextending southerly along said county line operated by William Shirley Ames, located into its intersection with the Randolph-Greene SE3/ sec. 25, T. 12 S.. R. 1 E.County line, thence south along said line toits intersection with the Randolph-Lawrence KETucKY

County line, thence west along said line to its Ballard County. The entire county.intersection with the Black River, thence Carlisle County. The entire county.northeasterly along said river to its inter- Daviess County. The property owned by thesection with State Highway 90, thence Ellis Estate, known as the Ewing Farm, con-northerly along said highway to its inter- sisting of 600 acres, operated by Charles W.section with State Highway 115, thence Schaber, located on River Boad approxi-northerly along said highway to its intersec- mately 3 miles northwest of Owensboro.tion with State Highway 166, thence north- Fulton County. The entire county.easterly along said highway to the com- Graves County. That portion of the countymunity of Supply, thence northeast along weit and south of a line beginning at.thethe county road for 3 miles to its intersection intersection of the Tennessee-Kentuckywith the west section line of sec, 6, T. 21 N., State line and State Highway 381, thenceR. 3 E., thence north along said section line extending north along'State Highway 381 toto its intersection with the Missouri State its intersection with State Highway 94 atline, thence east along said State line to the Lynnville, thence west along State Highwaypoint of beginning. 94 to its intersection with State Highway

St. Francis County. The entire county. 303, thence north along State Highway 303 toWoodruff County. The entire county, its intersection with U.S. Highway 45 at May-

ILLINOIS field, thence north along U.S. Highway 45 tothe McCracken County line.

Alexander County. Tps. 14, 15, and 16 S., Henderson County. That portion of theall in R. 1 W.; T. 16 S., R. 2 W.; T. 16 S., R. 3 county lying within the boundaries begin-W.; sees. 1, 12, 13, 24, 25, and 36, T. 14 S., R. 2 ning at the Ohio River and U.S. Highway 41,W.; sees. 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, thence extending south and west along U.S.21,22,23,24, 25,26, 27,28,29, 30,31,32,33, 34, Highway 41 to the intersection of the Hen-35, and 36, T. 15 S., R. 2 W.; secs. 25, 33, 34, 35, derson corporate limits, thence south andand 36, T. 15 S., R. 3 W.; and that portion of west along the corporate limits to the Ohiothe county lying south of T. 16 S., Rs. 1, River, thence northeasterly along said riverand 2 W. to the point of beginning.

Franklin County. The property owned and Hickman County. The entire county.operated by James Wanstreet, located in McCracken County. That portion of thesec. 35, T. 5 S., R. 3 E. county lying west of U.S. Highway 45.

Jackson County. The farm owned byD. Smysor and operated by R. Beckman, lo- Mississnpxcated in SEY4 sec. 9, T. 9 S., R. 5 W. Bolivar County. Those portions of sees. 28

The farm owned and operated by Robert and 33, T. 24 N., R. 8 W., lying west of theWhipkey, located in sec. 15, T. 8 S., R. 1 W. Mississippi River levee.

Johnson County. The property owned by The property owned and operated by CarrArmstrong Cork Co. and operated by William Planting Co., west of the Mississippi RiverShirley Ames, located in SW/4 sec. 18 and levee and 1 mile north of Concordia.Wi 2 sec. 19, T. 12 S., B. 2 B. The property owned and operated by

The property owned by Jesse H. Lowery Paul H. Jones, located in sees. 22, 23, 24, 25,and operated by William Shirley Ames, 26, 27, 35, and 36, T. 26 N., R. 7 W.located in SW see. 30, T. 12 S., R. 2 E. Coahoma County. Sees. 30 and 31, T. 29

The property owned by Mert Lowery and N., R. 4 W.; sees. 5, 6, 7, 8, S / sees. 9 and 10,operated by William Shirley Ames, located N1 see. 15, and see. 16, T. 27 N., R. 5 W., sees.in SWV4 sec. 30, T. 12 S., R. 2 E.

The property owned by W. R. Peeler and 31 and 32, T. 28 N., R. 5 W.; that portion ofE. L. Peeler and operated by the Mescher T, 29 N., B. 5 W.., lying in Coahoma County;Brothers, located in the SE sec. 33, T. 13 S., sec. 7, T. 26" N., R. 6 W.; and sees. 1, 34, andR. 2E. andtheNEI sec. 4, T. 14S.,R. 2E. 35, T. 27N., R.6W."

•Massac County. Tps 16 and 17 S., in R. 6 E. The property owned and operated by W. D.The property owned by John Dennis and Fisher, located in sees. 1 and 2, T. 30 N., R.

operated by James Robbins, located in Wi 4 W., and sees. 35 and 36, T. 31 N., R. 4 W.sec. 1, S% sec. 2, and NW see. 12, T. 14 - The property owned and operated by L. B.S., R. 4 E. Shipp, located in sec. 10, T. 29 N., B. 3 W.

-The property owned and operated by TravisTaylor located in. NE V4 see. 35, T. 29 N., R.4 W, - "".

De Soto County. That portion of the countylying west of the east line of R. 9 W., andnorth of the south line of T. 2 S.

Issaquena County. Sees. 31, 32, and NE ofsec. 33, T. 12 N., R. 8 AV.; sees. 5, 6, 21, 22, 23,

.24, and 25, T. 11 N., R. 9 W.; that portion ofsec. 2, T. 12 N., R. 9 W., lying west of theMississippiRiver levee; and sees. 3, 4, and 10,T. 12 N., R; 9 W.

Tunica County. That portion of the N1T. 3 S., R. 10 W., lying in Tunica County;sees. 17, 18, 19, and W/ 2 sec. 20, T. 3 S., R.10 W.; that portion of the N% of T. 3 S.,B. 11 W. lying in Tunica County; WI4 sec.27, and sees. 28, 29, and 30, T. 3 S., R. 11 W.;sees. 13, 14, 23, 24, 25, 26, 35, and 36, T. 3 S.,R. 12 W.; and see.-, 14, T. 4 S., R. 12 W.; andsees. 20, 21, and 29, T. 5 S., R. 12 W.

The property owned and operated by OwenBibb, located in sec. 10, T. 4 S., R. 11 W.

.The property owned and operated by W. D.Fisher, located in sec. 34, T. 6 S., R. 13 W.

The property owned and operated by E. J.Lake, located in SW/ 4 see. 13, T. 6 S., R. 12 W.

MIssouRI

Bollinger County. That portion of thecounty lying east and south of a line begin-ning at the point where the west side of R.9 E. intersects the Bollinger-Stoddard Contyline; thence extending due north to wheresaid line intersects the north siae of T. 28 N.,thence due east to the intersection of thewest boundary line of 1. 10 E., thence duenorth to where said line intersects the northboundary line of T. 29 N., thence due eastalong said line to the Bollinger-CapeGirardeau County line.

Butler County. That portion of the countylying south and east of a line beginning atthe point where the north side of T. 22 N.intersects the Ripley-Butler County line,thence extending due east to where said lineintersects U.S. Highway 67, thence extendingnorthward to the point where said highwayintersects the west line of R. 6 E., thence duenorth to a point 3 miles north of the northline of T. 24 N., thence due east to the St.Louis and San trancisco Railroad, thencenortheastward along said railroad to itsintersection with the St. Francis River.

Cape Girardeau County. The propertyowned and operated by Mr. Lonnie Watkins,located approximately 0.3 mile due west ofthe northwest corner of Survey 2227, T. 30N., R. 11 E.

That portion of the county lying south andeast of a line beginning at the point wherethe north side of T. 29 N. intersects theBollinger-Cape Girardeau County line, thenceextending due east to its junction with StateHighway 25, thence northeastward alongsaid highway to its junction with State High-way 74, thence eastward along said highwayto a point where it Intersects U.S. Highway61, thence due east along a projected line tothe Mississippi River.

Dunkin County. The entire county.Mississippi County. The entire county.New Madrid County. The entire. county.Pemiscot County. The entire county,Ripley County. That portion of the county

lying east and south of a line beginning atthe point where highway Route E intersectsthe Missouri-Arkansas State line, thenceextending northward along said highway tothe point where it intersects the northboundary line of sec. 20, R. 3 E., T. 22 N.,thence due east along said line to the pointwhere it intersects highway Route N, thencedue north along said highway to the pointwhere it intersects State Highway 142, thenceeastward along said highway to the point



where it turns due south and intersects thenorth boundary line of T. 22 N., thence dueeast along said line to the Ripley-ButlerCounty line. I

Scott County. The entire county.Stoddard County. The entire county.

NORTH CAROLINA

Brunswick County. The property owned byAlma Medlin and operated by Leo MedlinEstate, located on the southwest side of StateSecondary Road 1419 and 1 mile southeast ofthe Columbus County line.

The property owned and operated by LeoMedlin Estate, located on the southwest sideof State Secondary Road 1419 and 1.1 milessoutheast of the Columbus County line.

Camden County. The property owned byG. W. Abbott, located on the west side ofState Secondary Road 1224 and 0.2 mile northof the junction of said road with StateSecondary Road 1217.

The Woodson Farrili farm located on thewest side of State Secondary Road 1114 and0.4 mile north of the junction of said roadand State Highway 343.

The L. T. McCoy firm located on the eastside of State Secondary Road 1224, at thejunction of said road and State SecondaryRoad 1234.

The property owned by Mrs. Etta MaeMcPherson located on theeast side of StateSecondary Road 1224 and 0.5 mile northof the junction of said road and StateSecondary Road 1217.

The J. E. McPherson Trust Farm locatedat the end of a field road 1 mile south ofState Secondary Road 1239, said field roadjunctioning with State Secondary Road 1239,1 mile east of the junction of said road andState Secondary Road 1224.

The Mrs. R. W. McPherson farm located onthe southeast side of the junction of StateHighway 343 and State Secondary Road 1132.

The Mrs. Emma Pugh farm located on bothsides of State Secondary Road 1127 and 0.5mile west of the junction of said road andState Highway 343.

The Mrs. Ruth Rothrock farm located onthe north side of the junction of State High-way 343 and State Secondary Road 1132.

The Frank Sawyer farm located on thenorth side of State Secondary Road 1225 andat the junction of said road with StateSecondary Road 1224.

The Dr, J. B. Sawyer farm located on thenorthwest side of State Secondary Road 1115and 0.1 mile northeast of the junction ofsaid road with State Secondary Road 1107.

The Mack Sawyer farm located on bothsides of State Secondary Road 1225 and at thejunction of said road with State SecondaryRoad 1217.

Carteret County. The Neal R. Campen farmlocated on the east side of State Highway101 and 1 mile northwest of the junction ofsaid highway and U.S. Highway 70.

The Neal R. Campen farm located on theeast side of State Highway 101 and the southside of State Secondary Road 1163.

The G. C. Courtney farm located on thewest side of State Highway 101 and 1 milenorth of the junction of said highway andState Secondary Road 1169.

The Brady Golden farm located on thenorth side of U.S. Highway 70 and 0.1 milewest of Ward Creek.

The Heber Golden farm located on thesouth side of US. Highway 70 and 0.7 milewest of Ward Creek.

The International Paper Co. farm locatedon the south side of State Secondary Road1154 and 0.5 mile west of Black Creek.

The Fred McDaniel farm located on thewest side of State Highway 101 and 1.5 milesnorth of the junction of said highway andState Secondary Road 1169.

The C. M. Merril farm located on the eastside of State Highwdy 101 and 1 mile southof the junction of said highway and StateSecondary Road 1163.

The Justin Pake farm located on the eastside of State Secondary Road 1155 and 1 milesouth of the junction ofsaid road andState Highway 101.

The L. D. Springle farm located on the eastside of State Highway 101 and 1.5 miles northof the junction ofsaid highway and StateSecondary Road 1169.

The Mrs. K. W. Wright farm located onboth sides of State Highway 101 and at thejunction of said highway and State Sec-ondary Road 1169.

The Mrs. K. W. Wright farm located onboth sides of State Secondary Road 1165and at the junction of said road and StateSecondary Road 1168.

Chowan County. That portion of thecounty bounded by a line beginning at thejunction-of the Chowan-Perquimans-GatesCounty line, thence extending south alongChowan-Perquimans County line to its in-tersection with State Secondary Road 1305,thence west along said road to its junctionwith State Secondary Road 1231, thence westalong said road to its junction with ChowanRiver, thence northwest along said rivershore line to its intersection with Chowan-Gates County line, thence in a northeasterlydirection along said county line to the pointof beginning.

Craven County. The Eva George farm' lo-cated on the north side of State SecondaryRoad 1712 and 1 mile northeast of the junc-tion of said road and State Secondary Road1715.

Currituck County. That portion of thecounty bounded by a line beginning at theintersection of the east shore of North Land-ing River and North Carolina-Virginia Stateline, thence extending in an easterly direc-tion along said State line to its- intersectionwith the east shore of Knotts Island, thencesouth along said shore line to CurrituckSound, thence west along said sound shoreline to North Landing River, including thatportion known as MacKay Island, thencenorth along said river shore line to the pointof beginning.

The Charles Brown farm -located on bothsides of State Highway 168 and 0.3 milenortheast of the junction of said highwayand State Secondary Road 1210.

The P. P. Gregory farm located on the eastside of State Secondary Road 1147 and 0.4mile north of Indian Creek.

The C. C. Leary farm located on the westside of State Secondary Road 1148 and 0.6mile northwest of the intersection of saidroad and U.S. Highway 158.

The W. F. Leary farm located on the westside of State Secondary Road 1148 and 0.4mile, northwest of the intersection of saidroad and U.S. Highway 158.

The Herman Pell farm located on thesouthwest side of State Secondary Road 1148and 1 mile southeast of the junction of StateSecondary Roads 1148 and 1200 with U.S.Highway 158.

The Walter Roberts farm located on thewest side of State Secondary Road 1148 and1.1 miles southeast of the junction of saidroad and U.S. Highway 158.

The Wilbert Roberts farm located on thenortheast side of State Secondary Road 1148and 0.5 mile northwest of the junotion of saidroad and U.S. Highway 158.

Gates County. The entire county.Johnston County. That area bounded by

a line beginning at a point where the Samp-son-Johnston County line intersects StateSecondary Road 1005, thence extendingnortheast along said road to its intersectionwith State Highway 50, thence northwestalong said road to its Junction with State

Secondary Road 1171, thence north alongsaid road to its intersection with State Sec-ondary Road 1143, thence east along saidroad to its junction with State Secondary.Road 1159, thence northeast along said roadto its intersection with Hannah Creek,thence east along said creek to its intersec-tion with State Secondary Road 1162, thencenortheast along said road to its junctionwith State Secondary Road 1161, thence eastalong said road to its junction with StateHighway 96, thence south along said high-way to its intersection with State SecondaryRoad 1153, thence east along said road to-its junction with State Secondary Road.1179, thence east along said road to itsjunction with State Secondary Road 1009,thence south along said road to its junctionwith State Secondary Road 1197, thencesoutheast along said' road to its junctionwith State Secondary Road 1008, thencewest along said road to its junction withState Secondary Road 1196, thence east alongsaid road to its intersection with the John-ston-Wayne County line, thence southwestalong said county line to its junction withthe" Sampson-Johnston County line, thencesouthwest and then northwest along saidcounty line to the point of beginning.I The M. L. Allen farm located on the westside of State Secondary Road 1201 and 3.1miles southwest of its junction with StateSecondary Road 1007.

The Willie W. Beasley farm located onthe north side of State Secondary Road 1106-at its junction with State Highway 242.

The Albert Edwards farm located on thenorth side of State Secondary Road 1007 and0.2 mile east of its junction with StateSecondary Road 2526.

The D. A. Edwards farm located on thesoutheast side of State Secondary Road 2542and 0.6 mile south of its junction with StateSecondary Road 1007.

The Myrtle W. Gregory farm located on thesouth side of State Secondary Road 1351 and0.7 mile southeast of its junction with StateSecondary Road 1166.

The M. R. Massey farm located on the westside of State Secondary Road 2372 and 0.2mile south of its junction with State Sec-ondary Road 2540.

The W. C. Mundin farm located on the westside of State Secondary Road 1166 at its junc-tion with State Secondary Road 1350.

The Sherrill E. Peacock farm located on thenorth side of State Secondary Road 1158 and0.3 mile east of its intersection with StateSecondary Road 1171.

"The A. D. Raynor farm located on bothsides of State Secondary Road 1106 and 0.7mile east of its junction with State High-way 242.

The Roger Smith farm located on the southside of State Secondary Road 1007 and 0.1mile west of its junction with State Second-ary Road 2526.

The E. G. Young farm located on the westside of State Secondary Road 1105 and 0.3mile south of its junction with StateHighway 50.

New Hanover County. That portion of thecounty bounded by a line beginning at apoint where -the ACL Railroad Bridgecrosses the Northeast Cape Fear River andextending south along said railroad to StateHighway 132, thence extending southeastalong said highway to Smith Creek, thencewest along said creek to the Northeast CapeFear River, thence in a northwesterly andthen easterly direction along said river tothe Atlantic Coast Line Railroad Bridge, thepoint of beginning, excluding all of NewHanover County Airport.

The Mrs. C. F. Canady farm located on thenorth side of State Secondary Road 1403 and1.5 miles east of its junction with State Sec-ondary Road 1407, said, junction being 0.5mile east of U.S. Highway 17.


No. 100-2

7559


The J. H. Covil farm located on the northside of State Secondary Road 1403 -and 0.2mile east of its junction with State Second-ary Road 1407, said junction being 0.5 mileeast of U.S. Highway 17.

The H. H. Horrell farm located on thenorth side of State Secondary Road 1335 and0.1 mile east of its intersection with StateHighway 132.

The property owned and operated by H. C.Johnson, located on the northeast, side ofState Secondary Road 1327 and 0.6 milenorthwest of its Junction with U.S. Highway17.

The H. C. Johnson farm located on thenortheast side of State Secondary Road 1327and 0.2 mile northwest of its junction withU.S. Highway 17.

The H. C. Johnson farm located on thesouth side of State Secondary Road 1403 and1.7 miles east of its junction with StateSecondary Road 1407, said junction being0.5 mile east of U.S. Highway 17.

The property owned and operated by J. D.Murray, located at the end of State Second-ary Road 1322 and 2.2 miles from its inter-section with State Highway 132.

The Paul V. Robinson farm located on thewest side of State Secondary Road 1402, 1mile south of the Junction of said road andState Secondary Road 1400.

The property owned and operated by AlexTrask, located on the north side of StateSecondary Road 1322 and east of State High-way 132 at the intersection of these tworoads.

The William E. Turner farm located on thenorth side of U.S. Highway 17 and 0.5 milewest of the intersection of said highway and-State Highway 132.

The J. A. Yopp farm. located on -the southside of State Secondary Road 1322 and 1.2miles east of its intersection with StateHighway 132.

Pasquotank County. The entire county.Ponder County. That area bounded by a

line beginning at a point where Long Creekjunctions with the Northeast Cape Fear River,thence extending northwest along said creekto its junction with Rileys Creek, thencenortheast along said creek to its intersectionwith State Secondary Road 1409, thencenorth along said road to its Junction withState Secondary Road 1400, thence north-east along said road to its Junction withState Highway 53, thence northeast alongsaid highway to its Junction with StateSecondary Road 1509, thence east along saidroad to its intersection with Burgaw Creek,thence southeast along said creek to itsjunction with the Northeast Cape Fear River,thence south along said river to its intersec-tion with State Highway 210, thence north-east nd then southeast along said highwayto its Junction with State Secondary Road1002, thence southwest along said road to itsintersection with Island Creek, thencenortheast and then northwest along saidcreek to its junction with the NortheastCape Fear River, thence west along saidriver to the point of beginning.

The M. A. Boryk farm located on the westside of State Secondary Road 1400 and 0.2mile south of the Burgaw city limits.

The Jessie J. Cartwright farm located onboth sides of State Secondary Road 1345 and0.2 mile southeast of the junction of saidroad and State Secondary Road 1347.

The John Oosterwyk farm located 0.8 milesoutheast of U.S. Highway 17 and 1.3 milesnortheast of Hampstead.

The H. C. Walker farm located on thesouth side of State Highway 210 and the eastside of State Secondary Road 1115.

Perquimans County. That portion of thecounty bounded by a line beginning at thejunction of the Perquimans-Gates-Pasquo-tank County line, thence extending south-

east along Perquimans-Pasquotank Countyline to Its intersection with State SecondaryRoad 1223, thence along said road to itsJunction with State Secondary Road 1214,thence northwest along said road to its Junc-tion with State Secondary Road 1213, thencewest along said road to its junction withState Secondary Road 1200, thence 'southalong said road to its junction with StateHighway 37, thence west along said highwayto its junction with State Secondary. Road1118, thence west along said road to its in-tersection with Perquimans-Chowan Countyline, thence north along said county line toits junction with Perqumans-Gates Countyline, thence northeast along said county lineto the point of beginning.

Sampson County. The Newitt Allen farmlocated 0.2 mile southeast of State SecondaryRoad 1642, and 0.7 mile northeast of theJunction of said road with State Highway 55.

The P. T. Barefoot farm located on-thewest side of State Secondary Road 1746, and0.1 mile south of its junction with StateSecondary Road 1819.

The Braston Bass farm located on bothsides of State Secondary Road 1805 at ItsJunction with State Secondary Road 1703.

The L. A. Blackman farm located on thewest side of State Secondary Road 1643 and0.2 mile south of its junction with StateHighway 55.

The Quinton Butler farm located on bothsides of State Secondary Road l6b6 and 0.2mile southeast of its junction with StateSecondary Road 1338.

The C. L. Denning farm located on bothsides of State Secondary Road 1705 and0.3 mile south of Its junction with U.S. High-way 13.

The Joel Draughon farm located on theeast side of State Secondary Road 1625 at itsjunction with State Highway 55.

The Edward Elmore farm located on theeast side of State Secondary Road 1607 atits junction with U.S. Highway- 421.

The James Ezzell farm located on the eastside of U.S. Highway 421 and 0.3 mile southof its Junction with State Secondary Road1128.

The A. P. Godwin farm located on thewest side of State Secondary Road 1636 and0.3 mile north of its intersection with StateSecondary Road 1635.

The J. Leon Godwin farm located on thesouthwest side of State Secondary Road 1623at its junction with State Secondary Road1005.

The Leo Godwin farm located on the eastside of State Secondary Road 1607 and 0.2mile south of its junction with State Second-ary Road 1650.

The Mrs. May J. Godwin farm located onthe north side of State Highway 55 and 0.2mile west of its intersection with StateSecondary Road 1005.

The Mrs. James Herring farm located onthe east side of State Secondary Road 1128and, 0.3 mile south of its junction with U.S.Highway 421.

The H. M. Jackson farm located on the eastside of State Secondary Road 1456 and 0.6mile south of its - junction with StateSecondary Road 1459.

The Clarence Jones farm located on theeast side of State Secondary Road 1808 and0.4 mile north of its junction with StateSecondary Road 1805.

The Laura Matthis farm located on thenortheast side of State Secondary Road 1006and 0.2 mile southeast of its junction withState Secondary Road 1338.

The Charles H. McLamb farm located onboth sides of State Secondary Road 1456 and0.3 mile northwest of its junction with StateSecondary Road 1338.

The Judson McLamb farm located at theintersection of State Secondary Roads 145eand 1338.

The W. A. McLamb farm located on thesouthwestside of State Secondary Road 1006and 0.4 mile southeast of its junction withState Secondary, Road 1338.

The Clemmie Saunders farm located onthe west side of State Highway 242 and 0.4mile north of Piney Green-

The Mabel Smith farm located on thenorthwest-side of State Secondary Road 1705.and 0.8 mile southwest of its junction withUS. Highway 13.

The Wayne Smith farm located on thesouth side of State Secondary Road 1606 and0.3 mile west of its junction with StateSecondary Road 1607.

The Della Stewart farm located on the westside of State Secondary Road 1809 and 0.4mile south of its intersection with StateSecondary Road 1805.

The Hawley Stone farm located on thesouthwest.,side of Us. Highway 421 and 0.6mile southeast of its junction with StateSecondary Road 1607.

The David Tew farm located on the north-west side at the Junction of State SecondaryRoads 1466 and 1467.

The Ottis Tew farm located on both sidesof State Secondary Road 1456 and 0.3 milesouth of its junction with State SecondaryRoad 1459.

The E. T. Turlington farm located on thesouth side of State Secondary Road 1322 and0.5 mile 'east of its junction, with StateSecondary Road 1305.

The James Turlington farm located on thesouth sidd of State Secondary Road 1233and. 1 mile west of its intersection with StateSecondary Road 1322.

The Kenneth Underwood farm, located onthe northwest side of State Secondary Road1409 at its junctionwith State SecondaryRoad 1408.'

The M. D. West farm located on the eouthside of State Secondary Road 1620, and 0.4mile east of its intersection with StateSecondary Road 1636.

The B. H. Westbrook farm located on theeast side of State Secondary Road 1701 and0.5 mile north of Its junction with StateSecondary Road 1702.

The Bruce Westbrook,farm located on theeast side of State Secondary Road 1641 atIts Junction with State Highway 55

The Clarence Wiggins farm located on thesouth side of State Secondary Road 1746 and0.3 mile west of its intersection with U.S.Highway 701.

The F. E. Wil-amson farm located on thenorth side of State Secondary Road 1240 and0.5 mile northwest of its intersection. withState Highway 24.

The F. H. Williamson farm located on thewest side of State Secondary Road 1233 and0.3 mile south of its intersection with StateHighway 24 -

The J. AT. Wo6ten farm located on the westside of State Secondary Road 1807 at itsJunction with State Secondary Road 1636.

Tyrreff County. The J. A. Basnight farm.located on the southeast side of the junctionof State Secondary Road 1209 and StateSecondary Road 1223.

The Herman Cahoon farm. located on thenorthwest side of the Junction of StateSecondary Road 1310 and State SecondaryRoad 1314.

The F. T. Combs farm located on the eastside of State Secondary Road 1310 and 1 milenorth of the junction of said road and StateSecondary Road 1309.

The W. A. Hollis farm located on the southside of State Secondary Road 1209 and 1.2miles southeast of the junction of said roadwith State Secondary Road 1223.

The W. A. Howettl farm. located on thesouth side of State Secondary Road 1209 and1 mile southeast of the junction of said roadwith State Secondary Road 1223.

I FEDERAL REGISTER, VOL. 33, NO. 100-WEDNESDAY, MAY 22, 1968

7560

The G. L. Liverman farm located on theeast side of State Secondary Road 1310 and0.9 mile north of the junction of said roadand State Secondary Road 1309.

The G. W. Selby farm located on the northside of State Secondary Road 1320 and 0.3mile east of the junction of said road andState Secondary Road 1315.

The Sherman Williams farm located on thesouthwest side of the junction of State Sec-ondary Road 1310 and State Secondary Road1313.

Wayne County. The property owned byMrs. Myrtle Best and operated by Mr. C. L.Altman, located on the southwest side ofState Secondary Road 1205, 0.1 mile south-east of the Wayne-Johnston County line.

TENN'EsEE

Benton County. The farm owned by ElmerBarnes known as the Cherry Farm, consist-ing of 40 acres located in Civil District 8,south of the Ramble Creek drainage ditchand divided by State Highway 69, 2.5 milessouth of Big Sandy.

Carroll County. The farm owned and op-erated by Kermit Cates, known as the U. L.Watkins farm, consisting of 130 acres locatedin Civil District 2, 3.3 miles west of the townof Trezevant on the east side of a gravel roadbetween Republican Grove Road and StateRoad 105.

The farm owned by J. T. Hill, consistingof 165 acres located in Civil District 2, on thenorth side of State Highway 105, 4 milesnorthwest of the town of Trezevant.'

The farm owned by Viona Pope, known asthe Pope farm, consisting of 100 acres locatedin Civil District 2, on the north side of StateHighway 105, 8.5 miles northwest of the townof Trezevant.

Chester County. That portion of Civil Dis-tricts 7 and 8 south of State Highway 100and west of U.S. Highway 45.

Crockett County. The entire county.Dyer County. The entire county.Fayette County. Civil Districts 4, 5, 6, 7,

and 8; and that part of Civil District 1 west ofState Highway 76 and north of U.S. Highway64.

The farm owned and operated by W. E.Graham known as the L. E. Trainer Place,consisting of 212 acres located in Civil Dis-trIct 2, on the east side of State Road 8055and 0.8 mile north of U.S. Highway 64.

Gibson County. That part of GibsonCounty north and west of a line beginningat the point where State Highway 54 inter-sects the Gibson-Crockett County line,thence extending northeast along StateHighway 54 to its intersection with StateHighway 105 in the town of Bradford, thenceeast along State Highway 105 to its intersec-tion with a gravel road in the town of SkullBone, thence north along said gravel roadto the Glbson-Weakley County line and in-cluding that portion of Civil District 25 eastof State Highway 54.

The farm owned and operated by T. Baley,known as the Baley Farm, consisting of 355acres located in Civil District 4, 1 mile southof the old Gibson Wells community and 0.5mile east of State Highway 54.

The farm owned by Mamle Fain, knownas the Mamie Fain Farm, consisting of 175acres in Civil District 11, located 5 milesnortheast of Trenton on State Highway 54.

The farm owned and operated by ErnestScott known as the Scott Farm, consistingof 50 acres located on a county road in CivilDistrict 18, 2.6 miles due south of MooresChapel.

Hardeman County. The farm owned andoperated by John Anderson, known as theAnderson Farm, consisting of 400 acres lo-cated in Civil District 8, 1 mile west of StateHighway 138 at Cloverport.


The farm owned by Joe Johnson, knownas the Johnson Farm, consisting of 300 acreslocated 1% miles southwest of the Intersec-tion of U.S. Highway 64 and the SilertonRoad in Civil District 7.

The farm owned and operated by Guy New-man, consisting of 77 acres located 1 milesouth of U.S. Highway 64 on State Road 8081in Civil District 7, known as the NewmanFarm.

Haywood County. The entire county.Henry Coiinty. That part of Civil District

10 lying east of U.S. Highway 79, State High-way 140 and Rural Road 8093; and all ofCivil District 14.

The farm owned by Lonnie Ewen and op-erated by A. P. Walker, known as the PatMahan Place, consisting of 37 acres locatedin Civil District 5, 2.6 miles southwest of theintersection of State Highway 69 and RuralRoad 8172.

The farm owned by -Elmo J. Johnson,known as the P. A. Klutts Farm, consistingof 60 acres located in Civil District 4, 2.3miles southwest of Como, on the north sideof a gravel road, 0.8 mile west of State Road8092.

The farm owned by Sain H. Jones, knownas the Jim Perry Farm, consisting of 122acres located In Civil District 4, 2.6 milessouthwest of Como, on the south and- eastside of a gravel road at the Weakley Countyline.

The farm owned and operated by A. P.Walker, known as the Walker Farm, con-sisting of 196 acres located in Civil District.5, 2.6 miles southwest of the intersection ofState Highway 69 and Rural Road 8172.

Humphreys County. That portion of CivilDistrict 2 enclosed by the Tennessee River,Duck River, Briar Creek, and StribblingBranch.

Lake County. The entire county.Lauderdale County. The entire county.Madison County. The farm owned by T. H.

Bond, consisting of 540 acres in Civil Dis-trict 7 on the north side of U.S. Highway70, 2.7 miles west of Huntersville.

The farm owned and operated by T. H.Bond, known as the Cole Place, consisting of50 acres located in Civil District 7 on Prov-idence Road, 0.5 mile west of Interstate"40 and 0.1 mile east of Meriwether Creek.

The farm owned by F. A. McKinnle, con-sisting of 349 acres located 1 mile west ofU.S. Highway 45, on the south side of StateRoad 8057, in Civil District 10, known as theMcKlnnie Farm.

The farm owned by James V. Morris, con-sisting of 300 acres, located in Civil District7 on the south side of U.S. Highway 70, 2.4miles west of the town of Huntersville.

The farm owned by Jack Terrell consistingof 93 acres located in Civil District 3, one-half mile west of Pleasant Plain Road on thenorth side of McClelan Road.

That part of Civil District 5, west of U.S.Highway 45 Bypass, and north -of U.S. High-way 70, consisting of a 650 acre tract ownedand operated by the University of Tennessee,known as the West Tennessee AgriculturalExperiment Station.

McNairy County. The farm owned and op-erated by Mrs. Daphine Gilbert, consistingof 215 acres located 2 miles southwest of theintersection of U.S. Highway 45 and StateRoad 8120 at Bethel Springs, in Civil District11, known as the Gilbert Farm.

The farm owned by Troy Williams, con-sisting of 46 acres located 2.1 miles southwestof the intersection of U.S. Highway 45 andState Road 8120 at Bethel Springs, in CivilDistrict 11, known as the Williams Farm.

Obion County. The entire county.Shelby County. The entire county.Tipton County. The entire county.Weakley County. The entire county.

761

VIRGanIA

Chesapeake City. That portion of thecity bounded by a line beginning where theNansemond County and city of Chesapeakeboundaries intersect with Hampton Roads,thence extending east along the southernshore of Hampton Roads to its junction withthe Elizabeth River, thence south along theElizabeth River to its junction with thewestern branch of the Elizabeth River, thencesouthwest along the western branch of theElizabeth River to its intersection with StateRoad 191, thence southeast along State Road191 to.its intersection with U.S. Highway 58,thence along an imaginary line due west tothe Nansemond County-City of Chesapeakeboundary, thence north along said boundaryto the point of beginning.

The property owned by H. W., I.W., andJames M. Etheridge, located on the south sideof State Road 190, 0.1 mile east of the junc-tion of State Roads 190 and 818.

The property owned by Johnnie B. Foster,located on the south side of State Road610 at the junction of State Roads 610 and686.

The property owned by Nannie BurgessFoster, Life Estate, located on the south sideof State Road 610, 0.3 mile west of the junc-tion of State Roads 609 and 610.

The property owned by Nettle PritchardKillan, located on the north side of StateRoad 190, 0.2 mile east of the junction ofState Roads 190 and 700.

The property owned by H. T. Murden, lo-cated on the west side of State Road 168, 0.4mile south of the intersection of State Roads168 and 614.

The property owned by Arthur N. andAlice Kerlin Williamson, located on the southside of State Road 190, 0.2 mile northwestof the junction of State Roads 190 and 818.

The property owned by Charles HollandWood, located on the south side of Staite Road605. 0.4 mile east of the junction of StateRoads 190 and 605.

The property owned by Charles HollandWood, located on the south side of StateRoad 605, 0.6 mile east of the junction ofState Roads 190 and 605.

Isle of Wight County. That portion of thecounty bounded by a line beginning at theintersection of U.S. Highway 58 and StateRoad 615, thence extending east along U.S.Highway 58 to its junction with State Road632, thence northeast along State Road 632to its junction with State Road 612, thenceeast along State Road 612 to the Isle ofWight-Nansemond County line, thencesouthwest along said county line to its inter-section with State Road 615, thence northalong State Road 615 to the point ofbeginning.

The property owned by L. N. Alphin, Sr.,located on the west side of State Road 614,0.75 mile northwest of the junction of StateRoad 614 and U.S. Highway 258.

The property owned by Grace M. Ashby,located on the west side of U.S. Highway 17,0.8 mile south of the junction of U.S. High-way 17 and State Road 32.

The property owned by the A. W. BallardEstate, located on the west side of StateRoad 614, 0.9 mile south of the junction ofState Road 614 and U.S. Highway 258.

The property owned by the A. W. BallardEstate, located on the west side of StateRoad 614; 0.1 mile south of the VirginianRailroad right-of-way.

The property owned by Claire W. Bittle,located on the south side of U.S. Highway58, 0-.2 mile southwest of the junction ofU.S. Highway 58 and State Road 630.

The property owned by James F. Bracey,Sr., and James F. Bracey, Jr., located on aprivate road 0.3 mile south of U.S. Highway58, said private road junctioning with U.S.

FEDERAL REGISTER, VOL. 33, NO. 100-w-WEDNESDAY, MAY 22, 1968

7562

Highway 58, 1.2 miles east of the junction ofU.S. Highways 58 and 258.

The property owned by Mary Lee W.Bryant, located on the east side of U.S.Highway 258, 1 mile south of the intersectionof U.S. Highway 258 and State Road 611.

The property owned by Frances Sykes DeHart, located on the east side of State Road10, 0.3 mile south of the junction of StateRoads 10 and 674.

The property owned by Alphonso L. Duck,located on a private road 0.3 mile south ofState Road 648, said private road junctioningwith State Road 648 at a point 0.2 mile eastof the junction of State Roads 643 and 648.

The property owned by Alphonso L. Duck,Sr., located on the east side of State Road614, 0.5 mile north of the junction of StateRoad 614 and U.S. Highway 258.

The property owned by the Jacob E. EleyEstate, located on the east side of State Road643 at the junction of State Roads 643 and603.

The property owned by Margaret AshbyAllen Fraser, located on the east side of U.S.Highway 17, 0.5 mile south of the intersectionof U.S. Highway 17 and State Road 662.

The property owned by Thomas A. Gardner,located on the northeast side of State Road606, at the junction of State Roads 606 and690, with a wooded area owned by Thomas A.Gardner on the west side of State Road 690,0.3 mile south of the junction of 606 and690.

The property owned by Estelle Gibbs, lo-cated on a private road 0.3 mile west of StateRoad 10, said private road junctioning withState Road 10 at the junction of State Roads10 and 32.

The property owned by Elmon T. Gray andHorace A. Gray, III, located on both sidesof U.S. Highway 17, 0.5 mile north of theintersection of U.S. Highways 17 and 258.

The property owned by Alma J. and H. De-Witt Griffin, located on the north side ofState Road 606 at the junction of StateRoads 606 and 700.

The property owned by J. Causey Griffen,located on the southeast side of State Road696, 0.5 mile northeast of the junction ofState Roads 615 and 696.

The property owned by Ella H. Holland,located on both sides of State Road 644 atthe intersection of State Roads 644 and 647.

The property owned by the Joseph H. Hol-land Estate, located on both sides of StateRoad 609 at the junction of State Roads 609and 640.

The property owned by Wilson S. Holland,located on the east side of U.S. Highway 258,0.3 mile south of the intersection of U.S.Highway 258 and State Road 611.

The property owned by Rufus A. Jenkins,located on the west side of State Road 609,0.4 mile north of the intersection of StateRoad 609 and U.S. Highway 258.

The property owned by Frank H. Johnson,located on the east side of State Road 614and on the north side of State Road 648, atthe junction of State Roads 614 and 648.

The property owned by W. H. Jordan, lo-cated on the south side of State Road 665 atthe junction of State Roads 665 and 695.

The property owned by Seth Lankford, lo-cated at the end of State Road 660, 0.4 milesoutheast of the junction of State Roads 620and 660.

The property owned by Alice L. Livsie, lo-cated on the east side of U.S. Highway 258,and south of State Road 630 at the southernjunction of said highway and road.

The property owned by Carr H. Munford,located on both sides of State Road 635 at thejunction of State Roads 635 and 610.

The property owned by Wilbur R. Nelms,located on the north side of State Road 644,0.2 mile east of the intersection of StateRoads 644 and 647.


The property owned by J. Craig Nelson,located at the end of State Road 662, 0.6 mileeast of the junction of State Roads -662and 663.

The property owned by Wayland A. Perry,located on the north side of State Road 630at the junction of State Roads 630" and 631.

The property owned by W. T. Picott, lo-cated on the south side of State Road 611,0.7 mile east of the intersection of U.S. High-way 258 and State Road 611.

The property owned by Selma H. and FrankE. Pulley, located on the west side of StateRoad 649, 0.6 mile west of the junction ofState Roads 637 and 649.

The property owned by Harrison A. Redd,located on the north side of State Road 636,0.3 mile east of the intersection of StateRoad 636 and U.S. Highway 460.

The property owned by Loftin Rhodes, lo-cated on the northwest side of State Road641, 0.7 mile northeast of the junction ofState Roads 641 and 648.

The property owned by Mrs. Vergie C.Rhodes, located on the east side of State Road612 at the intersection of State Roads 611and 612.

The property owned by J. Rosser Richards,located on a private road 0.3 mile east ofState Road 660, said private road junction-Ing with State Road 660 at a point 0.4 milesoutheast of the junction of State Roads 620and 660.

The property owned by J. Rosser Richards,located on the east side of State Road 660,0.3 mile southeast of the junction of StateRoads 620 and 660.

The property owned by the Carey H.Thacker Estate, located on the east, west,and south sides of the junction of StateRoads 626 and 678.

The property owned by Lizzie G. Turner,located on the west side of U.S. Highway 258,0.2 mile north of the junction of State Roads258 and 638.

The property owned by James H. and B. A.Vaughn, located on both sides of State Road612, 0.5 mile north of the junction of StateRoads 612 and 633.

The property owned by LIvy Vellines, lo-cated on a private road on the east side ofState Road 665, 0.8 mile south of the junctionof State Roads 665 and 668.

The property owned by Ollie R. (Ray)Vellines, located on a private road on theeast side of State Road 665, 0.6 mile southof the junction of State Roads 665 and 668.

The property owned by Elvin H. Whitley,located on the north side of State Road 611,0.75 mile west of the intersection of US.Highway 258 and State Road 611.

The property owned by E. C. Williams, lo-cated on the west side of U.S. Highway 258,0.7 mile south of the intersection of U.S.Highway 258 and State Road 611.

The property owned by Ida B. Wilson, lo-cated on a pri'vate road 0.4 mile west of StateRoad 652, said private road junctioning withState Road 652 at a point 0.3 mile south ofthe junction of State Roads 652 and 692.

Nansemond County. That portion of thecounty bounded by a line beginning at theintersection of the Nansemond and Isle ofWight County lines and State Road 612,thence extending southeast on State Road612 to its intersection with the Seaboard AirLine Railroad tracks, thence east along theSeaboard Air Line Railroad tracks to itsintersection with State Road 643, thencesouth along State Road 643 to its junctionwith U.S. Highway 58, thence northeast onU.S. Highway 58 to its junction with StateRoad 646, thence southeast on State Road646 to its intersection with the Atlantic andDanville Railroad tracks, thence east alongthe Atlantic and Danville Railroad tracksto its intersection with the Virginia ElectrioPower Co.'s high tension lines near US.

Highway 13, thence east along VEPCO's hightension lines to VEPCO's Suffolk Substationon State Road 604, thence along an imagi-nary line due east to its junction with theJericho Canal of the Dismal Swamp, thencesouth along the western edge of the DismalSwamp to the Virginia-North Carolina Stateline, thence west along the Virginia-NorthCarolina State line to the Blackwater River,thence north along the Blackwater River tothe Nansemond County-Isle of Wight Countyline, thence northeast along said line to thepoint of beginning.

That portion of the county bounded by aline beginning at the point where StateRoad 125 and the Nansemond River intersect,thence extending north along the easternshore of the Nansemond River to its junctionwith Hampton Roads, thence east along thesouthern shore of Hampton Roads 'to itsintersection with the Nansemond County-city of Chesapeake boundary, thence southalong said boundary to its intersection withState Road 337, thence west along State Road337 to its junction with State Road 125,thence west along State Road 125 to the pointof beginning.

The property owned by W. M. Aston, Jr,located on the east side of State Road 608,0.2 mile north of the junction of State Roads608 and 644.

The property owned by Rachel Duke Ellis,located on a private road 0.2 mile north ofthe junction of said road and State Road 634,said junction being 0.5 mile northwest of theJunction of State Roads 634 and 644.

The property known as the Mill E. God-win, Sr., Estate, owned by Mlls E. Godwin,Jr., Leah Otella Godwin, Mildred ElizabethGodwin Knight, and Mary Lee Godwin JonesEstate, located on the east and west sides ofState Road 125 immediately south of theJunction of State Roads 620 and 125, and thenorth side of State Road 620 at the junctionof State Roads 620 and 125.

The property owned by the city of Ports-mouth, located on the south side of StateRoad 604, 1 mile-southeast of the junction ofState Roads 604 and 640.

The property owned by C. F. Savage, lo-cated on both sides of State Road 634, 0.4mile northwest of the junction of State Roads634 and 644.

The property owned by Ruth m. Smith,located on both sides of State Road 630, 0.7mile east of the Junction of State Roads 628and 630.

The property owned by Prank M. Warring-ton, located on both sides of State Road 603,1.9 miles east of the junction of State Roads10 and 603.

The property owned by George P. Wilker-son, located on both sides of State Road 628,0.3 mile east of the junction of State Roads628 and 692.

The property owned by the Nicholas C.Wright Estate, located on State Road 620,1.3 miles southeast of the junction of StateRoads 620 and 628.

Southampton County. The property ownedby Harry G. Barrett, Jr., located on the eastand west sides of State Road, 673, 0.4 milewest of the junction of Stati Roads 673 and708.

The property owned by Hugh A. Barrett,located on the east side of State Road 678,0.6 mile north of the Junction of State Roads678 and 684.

The property Owned by John~M Camp, Jr.,Olive Camp Johnson, and Virginia CampSmith, located on the east side of US. High-way 258 at the junction of U.S. Highway 258and State Road 690.

The property owned by Earl N. Caroon,located on the west side of State Road 678at the Junction of State Roads 678 and 684The property owned by James Chesley, Sr.,and the Alice Lewis Beale Estate, located onthe southeast side of State Road 684 and the

FEDERAL REGISTER, VOL. 33; NO. 100-.-WEDNESDAY MAY' 22; 1968


northeast side of State Road 680 at the junc-tion of State Roads 680 and 684.

The property owned by George T. Cutler,located on the east side of State Road 663, 0.1mile north of the junction of State Roads 750and 663.

The property owned by B. W. Everett,located on the north side of State Road 708and on the west side of State Road 673, atthe junction of State Roads 708 and 673.

The property owned by C. R. Everett,located on the northeast and southwest sidesof State Road 678, 0.7 mile southeast of thejunction of State Roads 678 and 677.

The property owned by Herman H. Grant,located on the south side of State Road 708, 2miles west of the junction of State Roads 708and 673.

The property owned by Greenbrier Farms,Inc., located on the west side of State Road673, 0.6 mile south of the junction of StateRoads 673 and 708.

The property owned by Mrs. Clarys McClen-ney Lawrence, located on the west side ofState Road 714, 1.5 miles northwest of thejunction of State Roads 714 and 189.

The property owned by the Mrs. Lucy C.Myrick Estate, located on the north andsouth sides of State Road 708, 1.2 miles westof the junction of State Roads 673 and 708.

The property owned by Sarah O'BerryParker, located on the south side of StateRoad 678, 0.8 mile southeast of the junctionof State Roads 678 and 673.

The property owned by Mrs. Thelma T.Simmons and the L. W. Simmons Estate,located on the east side of State Road 673, 0.2mile south of the junction of State Roads 708and 673.

The property owned by Mrs. Thelma T.Simmons and the L. W. Simmons Estate,located on the east side of State Road 673, 0.4mile south of the junction of State Roads 708and 673.

The property owned by Mrs. Thelma T.Simmons and the L. W. Simmons Estate,located on the north side of State Road 673at the junction of State Roads 673 and 707.

The property owned by John B. Thorpe,Jr., and Rebecca R. Thorpe, located on thesouth side of State Road 708 and on the westside of State Road 673, at the junction ofState Roads 673 and 708.

The property owned by George R. Whitleyand Mildred D. Whitley, located on the north-east and southwest side of State Road 673, 0.5mile north of the junction of State-Roads 673and 677.

The property owned by Mrs. Alice Worrell,located on the east side of State Road 673at the junction of State Roads 673 and 708.

Virginia Beac. City. That portion of thecity known as Knotts Island, situated inBack Bay on the North Carolina-VirginiaState line.

The property owned by H. Clay Ackiss,located on the west side of State Road 615,1.3 miles south of the junction of State Roads615 and 623.

The property owned by Jessie L. Barnes,located on both sides of State Road 615, 0.7mile south of the junction of State Roads 615and 670.

The property owned by Marion G. Bright,located on the northwest and southeast sidesof State Road 777 at the southwest end ofState Road 777.

The property owned by Nelson P. Brock,located on the east side of State Road 615 atthe south junction of Statq Roads 615 and627.

The property owned by Alex C. and VirginiaS. Brown, located on the southeast side ofState Road 190, 0.3 mile southwest of theintersection of State Roads 190 and 604.

The property owned by Claudia MayClifton, located on the east and west sidesof State Road 615, 0.2 mile north of thejunction of State Roads 615 and 671.

The property owned by Roy A. Craft,located on the east side of State Road 615,0.1 mile south of the south Junction ofState Roads 615 and 627.

The property owned by Christine E. Dixon,Marie Dixon Kight, Mildred Dixon Brink-ley,, Barbara Dixon Jones, Charles JosephDixon, Evelyn Dixon Eemp, Daniel I. Dixon,and Irving Dixon, located on the east andwest sides of State Road 615 Immediatelysouth of the junction of State Roads 671 and"615.

The property owned by Jesse T. Dudley,located on the north side of State Road 670at the junction of State Roads 615 and 670.

The property owned by Clyde 0. and J. W.Freeman, located on the north side of StateRoad 621, 0.1 mile east of the junction ofState Roads 615 and 621.

The property owned by Ernest F. Grinstead,located on the north and south sides of StateRoad 669, 0.2 mile west of Back Bay.

The property owned by James and MaudeM. Hoggard, located on the east and westsides of State Road 615, and on the north-west and southeast sides of State Road 777,at the junction of State Roads 615 and 777.

The property owned by Betty SalmonsLusk, located on the south side of State Road759 at the junction of State Roads 663 and759.

The property owned by Betty SalmonsLusk, located on the east side of State Road663, 0.3 mile southeast of the junction ofState Roads 621 and 663.

The property owned by Henry E. and AliceE. Mosley, located on the east side of StateRoad 625, 0.1 mile north of the intersectionof State Roads 624 and 625.

The property owned by the Ryland J.Murden Estate, located on the west sideof State Road 615 and the south side ofState Road 627, at the junction of StateRoads 615 and 627.

The property owned by L. L. Murphy,located on the west side of State Road 603,0.4 mile north of the junction of State Roads603 and 624.

The property owned by J. G. Petree, locatedon the east side of State Road 634, 0.7 milesouth of the junction of State Roads 634and 858.

The property owned by the Princess AnneCounty Board of Supervisors, located on thesouth side of State Road 618 and on theeast side of State Road 621, at the junctionof State Roads 621 and 618.

The property owned by A. Lee Salmons,located on the west side of State Road 615,1 mile south of the south junction of StateRoads 615 and 623.

The property owned by John W. Smith,located on the east and west sides of StateRoad 615 at the intersection of State Road615 and the Virginia-North Carolina Stateline.

The property owned by William CrinshawSmith, located on the east side of State Road615, 0.2 mile south of the junction of StateRoads 615 and 616.

The property owned by Nettie F. Spence,located on the east side of State Road 615,1.1 miles south of the south junction ofState Roads 615 and 623.

The property owned ty Tilford H. Wil-liams located on the east side of State Road615, 0A mile north of the intersection ofState Road 615 and the Virginia-NorthCarolina State line.

(Sec. 9, 37 Stat. 318, sec. 106, 71 Stat. 33;7 U.S.C. 162, 150ee. Interprets or applies sec. 8,37 Stat. 318, as amended; 7 U.S.C. 161, 29P.R. 16210, as amended; 7 CPR% 301.79-2)

This supplemental regulation shall be-come effective upon publication in theFEDERAL REGISTER when it shall super-

sede PPC.624, 12th Rev., 7 CFR 301.79-2a, effective November 8, 1966.

The Director of the Plant Pest ControlDivision has determined that infesta-tions of the soybean cyst nematode existor are likely to exist in the civil divisions,parts of civil divisions and premiseslisted above, or that it is necessary toregulate such areas because of theirproximity to soybean cyst nematode in-festations or their inseparability forquarantine enforcement purposes fromsoybean cyst nematode infested local-ities. The Director has determined thateach of the quarantined States is enforc-ing a quarantine or regulation with re-strictions on intrastate movement of theregulated articles substantially the sameas the restrictions on interstate move-ment of such articles imposed by thequarantine and regulations in this sub-part, and that designation of less thanthe entire State as a regulated areawill otherwise be adequate to preventthe interstate spread of the soybean cystnematode. Accordingly, such civil divi-sions, parts of civil divisions and premiseslisted above, are designated as soybeancyst nematode regulated areas.

This revision adds to the regulatedareas, for the first time, parts of thefollowing counties: Chicot in Arkansas;Franklin and Jackson in fllinois; Daviessin Kentucky; Carteret and Craven inNorth Carolina; and Chester, Hardeman,and McNairy in Tennessee. Also, thealready regulated areas are extended incertain localities in each of ,the quar-antined States.

This document imposes restrictionswhich are necessary in order to preventthe dissemination of the soybean cystnematode, and should be made effectivepromptly to accomplish their purposesin the public interest. Accordingly, it isfound upon good cause under the admin-istrative procedure provisions of 5 U.S.C.553, that notice and other public pro-cedure with respect to the foregoingregulation are impracticable and con-trary to the public interest and goodcause is found for making it effective lessthan 30 days after publication in theFEDERAL REGISTER.

Done at Hyattsville, Md., this 17th dayof May 1968.

[SEAL] D. R. SHEPHERD,Director,

Plant Pest Control Division.[P.R. Doc. 68-6099; Filed, May 21, 1968;

8:48 axm.]

PART 301-DOMESTIC QUARANTINENOTICES

Subpart-Soybean Cyst NematodeEXEMPTIONS

Under authority of § 301.0l9-2 of theSoybean Cyst Nematode Quarantineregulations (7 CFR 301.79-2, as amended33 P.R. 7556), a supplemental regula-tion exempting certain articles fromspecified requirements of the regulationsis hereby issued to appear in 7 CFR301.79-2b as set forth below. The Director

FEDERAL REGISTER, VOL. 33, NO. 100-WEDNESDAY, MAY 22, 1968 -

7563

RULES AND REGULATIONS'

of the Plant Pest Control Division hasfound that facts exist as to the pest riskinvolved In the movement of such articleswhich make it safe to relieve the require-ments as provided therein.

§ 301.79-2b Exempted articles.(a) The following articles are exempt 1

from the certification and permit re-quirements of this subpart if they meetthe applicable conditions prescribed insubparagraphs (1) through (6) of thisparagraph and have not been exposed toinfestation after cleaning or other han-dling as prescribed in said paragraphs:

(1) Root crops, such as beets, carrots,Irish potatoes, onions, radishes, ruta-bagas, sweetpotatoes, and turnips, ifmoving to a designated processing plant1

(2) Peanuts, if moving to a designatedprocessing plant.2

(3) Soybeans, other than for seedpurposes, if harvested in bulk or into newor treated containers, and if the beansand containers for the beans have notcome in contact with the soil.

(4) Unshucked ear corn, if harvestedwithout coming into contact with the soil.

(5) Cotton picking sacks, if they havebeen cleaned or treated to the satisfac-tion of the inspector.

(6) Used farm tools and implements,if cleaned free of soil.

(b) The following articles are exemptfrom the certification and permitrequirements of this subpart under theapplicable conditions prescribed in sub-paragraphs (1) and (2) of this para--graph:

(1) Soil samples of any size if col-lected, and shipped to any U.S. ArmyCorps of Engineers soil laboratory locatedwithin the conterminous United States,in accordance with a compliance agree--ment with the shipper pertaining to suchconsignments;

(2) Seed cotton, if moving to a desig-nated gin.'(Sees. 8, 9, 37 Stat. 318, as amended, sec. 106,71 Stat.. 33; 7 U.S.C. 161, 162, 150ee; 29 F.16210, as amended, 30 FPR. 5799 as amended;7 CFR 301.79-2)

This list of exempted articles shall be-come effective upon publication in theFEDERAL REGISTER when it shall super-sede the list of exempted articles in 7CFR 301.79a (PPC 623, 2d Revision),which became effective March 15, 1966.

The principal purpose of this documentis to delete from the list of exemptedarticles small grains because they are nolonger regulated and true bulbs andcorms because the inspector at theirdestination cannot determine if theywere properly treated or stored.

The document als6 makes nonsubstan-,tive changes in the methods of handlingpeanuts and root crops.

1 The articles hereby exempted remain sub-ject to applicable restrictions undeiN otherquarantines.

2 Information as to designated processingplants and gins may be obtained from aninspect~r. Any processing plant or gin iseligible for designation under this subpart ifthe operator thereof enters a complianceagreement (as defined in § 301.79-1(b)).

This document relieves certain restric-tions which are not deemed necessary toprevent the interstate spread of the soy-bean cyst nematode and imposes otherrestrictions which are deemed necessaryfor this purpose. It should be made effec-tive promptly in order to be of maximumbenefit to persons subject to the restric-tions being relieved and to protect thenoninfested States from soybean cystnematode. Therefore, under the adminis-trative procedure provisions in 5 U.S.C.553, it is found upon good cause thatnotice and other public procedure withrespect to this document are impracti-cable and unnecessary and good cause isfound for making it effective less than 30days after publication in .the FEDERALREGISTER.

Done at Hyattsville, Md., this 17tli day.of May 1968.

D. R. SHEPHERD,Director,

Plant Pest Control Division.[F.R. Doc. 68-6097; Filed, Mllay 21, 1968;

8:47 a.m.]

Chapter VII-Agricultural Stabiliza-tion and Conservation .Service(Agricultural Adjustment) Depart-ment of Agriculture

SUBCHAPTER B--FARM MARKETING QUOTASAND ACREAGE ALLOTMENTS

[Amdt. 4]

PART 722-COTTON

Subparr-Acreage All1968 and SucceedinUpland Cotton

Cou=rz HISTORY Ac

Basis and purpose. This aissued pursuant to the AgIjustment Act of 1938, asStat. 31, as amended; 7 tseq.). The purpose of this ato simplify the procedurethe county's share of the nain determining county hisfor 1967 and succeeding crcotton.

Since State and countyare now determining 1967will affect the 1969 allooffices require the benefit oment immediately. It is Imined that compliance wilpublic procedure and 30-date requirements of 5 U.Spracticable and contraryinterest. Accordingly, thisshall be effective upon MlDirector, Office of the Fed

Section 722.404(1) of theSubpart-Acreage Allotmeand Succeeding Crops of U(33 F.R. 895, as amended),read as follows:

§ 722.404 Definitions.

(1) History acreage forcounty during the base perin establishing county allot

age devofed to production of extra longstaple cotton shall be excluded.)

(1) For' 1963M66, the county historyacreage for each year shall be the sum ofthe farm history acreages in the countybut not to exceed the acreage determinedby subtracting the county's share of thenational reserve from the acreage al-located to the farms from the countyallotment, State and county reserves.

(2) For 1967. and succeeding years,the county history acreage for each yearshall be determined by subtracting thecourity's share of the national reservefrom the sum of the history acreage onfarms in the county.

(Sees. 344, 375, 377, 63 Stat. 670, as amended,52 Stat. 66, as amended, 70 Stat. 206, asamended, 7 U.S.C. 134.4, 1375, 1377)

Effective date: Date'of filing with theDirector, Office of the Federal Register.

Signed at Washington, D.C., on May 16,1968.

H. D. GODFRLY,Administrator, Agricultural Sta-

bilizati6n and ConservationService.

[F.R. Doc. 68-6101; Filed, May 21, 1968;8:48 am.]

Chapter IX-Consumer and Market-ing Service (Marketing Agreementsand Orders; Fruits, Vegetables,Nuts), Department of Agriculture

[Nectarine Ileg. 2]

otments for PART 916-NECTARINES GROWN INg Crops of CALIFORNIA

Limitation of ShipmentsCREAGE Findings. (1) Pursuant to the market-imendment is ing agreement, as amended, and Ordericultural Ad- No. 916; as amended (7 CFR Part 916)amended (52 regulating the handling of nectarinesr.S.C. 1281 et grown in the State of California, effec-mendment is tive under the applicable provisions offor excluding the Agricultural Marketing Agreementtional reserve Act of 1937, as amended (7 U.S.C. 601-story acreage 674), and upon the basis of the.recom-ps of upland mendations of the Nectarine Adminis-trative Committee, established under theASCS offices aforesaid marketing agreement and

history which order, and upon other available Infor-tment, these mation, it is hereby found that the limi:-f this amend- tation of shipments of nectarines of thehereby deter- varieties hereinafter'set forth, and in the;h the notice, manner herein provided, will tend to ef-day effective fectuate the declared -policy of the act..C. 553 is im- (2) It is hereby further found thatto the public it is impracticable, unnecessary, and

amendment contrary to the public interest to giveing with the preliminary notice, engage in public ruleeral Register. making procedure, and postpone theregulations-- effective date of this regulation until 30nts for 1968 days after publication thereof in the'pland Cotton FEDERAL REGISTER (5 U.S.C. 553) in that,

is revised to as hereinafter set forth, the time inter-vening between the date when informa-tion upon which this regulation is basedbecame available and the time when thisregulation must become effective in "

cotton in the order to effectuate the declared policy offIod. (For use the act is insufficient; a reasonable time,ments; acre- is permitted, under the circumstances,



for preparation for such effective time;and good cause exists for making theprovisions hereof effective not later thanthe date hereinafter specified. A reason-able determination as to the supply of,and the demand for, such nectarinesmust await the development of the cropthereof; adequate information thereonwas not available to the NectarineAdministrative Committee until the datehereinafter set forth on which an openmeeting was held, after giving due noticethereof, to consider the need for, andthe extent of, regulation" of shipments ofsuch nectarines; interested persons wereafforded an opportunity to submit infor-mation and views at this meeting; therecommendation and supporting infor-mation for regulation during the periodspecified herein were promptly submittedto the Department after such meetingwas held; shipments of the current cropof such nectarines are expected to beginon or about the effective date hereof;this regulation should be applicable toall such shipments in order to effectuatethe declared policy of the act; theprovisions of this regulation are identi-cal with the aforesaid recommendationof the committee; information concern-ing such provisions and effective timehas been disseminated among handlersof such nectarines; and compliance withthe provisions of this regulation will notrequire of handlers any preparationtherefor which cannot be completed bythe effective time hereof. Such committeemeeting was held on May 14, 1968.

§ 916.335 Nectarine Regulation 2.

(a) Order. (1) During the period May22, 1968, through October 31, 1968, nohandler shall handle any package orcontainer of Grand River, June Grand,Red June, or June Belle nectarinesunless:

(i) Such nectarines, when packed ina standard basket, are of a size notsmaller than a size that will pack a3 x 4 x 5 standard pack;

(ii) Such nectarines, when packed ina No. 22D standard lug box, are of asize that will pack, in accordance withthe requirements of a standard pack, notmore than 112 nectarines in the lugbox; or

(iii) Such nectarines, when packed inany container other than the containersspecified in subdivisions (i) and (ii) ofthis subparagraph, measure not less thanone and fourteen-sixteenths (11j4A)inches in diameter: 'Provided, That notto exceed 10 percent, by count, of thenectarines in any such container mayfail to meet such diameter requirement.

(2) When used herein, "diameter" and"standard pack" shall have the samemeaning as set forth in the-U.S. Stand-ards for Grades of Nectarines

( 61,3145-51.3160 of this title) "stand-ard basket" shall mean the standardbasket set forth in paragraph 1 of sec-tion 828.1 of the Agricultural Code ofCalifornia; No. 22D standard lug box,shall have the same meaning as set forthin section 828.4 of the Agricultural Codeof California; and all other terms shall

have the same meaning as when usedin the marketing agreement and order.

(Sees. 1-19, 48 Stat. 31, as amended; 7U.S.C. 601-674)

Dated: May 17, 1968.

PAUL A. NICHOLSON,Acting Director, Fruit and Veg-

etable Division, Consumer andMarketing Service.


[Nectarine Reg. 4]

PART 916-NECTARINES GROWN INI CALIFORNIA

Limitation of Shipments

Findings. (1) Pursuant to the market-ing agreement, as amended, and OrderNo. 916, as amended (7 CFR Part 916),regulating the handling of nectarinesgrown in the State of California, effectiveunder the applicable provisions of theAgricultural Marketing Agreement Actof 1937, as amended (7 U.S.C. 601-674),and upon the basis of the recomnienda-tions of the Nectarine AdministrativeCommittee, established under the afore-said marketing agreement and order,and upon other available information, itis hereby found that the limitation ofshipments of nectarines of the varietieshereinafter set forth, and in the mannerherein provided, will tend to effectuatethe declared policy of the act.

(2) It is hereby further found that it isimpracticable, unnecessary, and contraryto the public interest to give preliminarynotice, engage in public rule-makingprocedure, and postpone the effectivedate of this regulation until 30 days afterpublication thereof in the FEDERALREOSTER (5 U.S.C. 553) in that, as here-inafter set forth, the time interveningbetween the-date when information uponwhich thi- regulation is based becameavailable and the time when this regu-lation must become effective in orderto effectuate the declared policy of theact is insufficient; a reasonable time ispermitted, under the circumstances, forpreparation for such effective time; andgood cause exists for making the pro-visions hereof effective not later than thedate hereinafter specified. A reasonabledetermination as to the supply of, andthe demand for, such nectarines mustawait the development of the crop there-of; adequate information thereon wasnot available to the Nectarine Adminis-trative Committee until the date herein-after set forth on which an open meetingwas held, after giving due notice thereof,to consider the need for, and the extentof, regulation of shipments of such nec-tarines; interested persons were affordedan opportunity to submit informationand views at this meeting; the recom-mendation and supporting informationfor regulation during the period specifiedherein were promptly submitted to theDepartment *after such meeting washeld; shipments of the current crop ofsuch nectarines are expected to begin onor about the effective date hereof; this

regulation should be applicable to allsuch shipments in order to effectuate thedeclared policy of the act; the provisionsof this regulation are identical with theaforesaid recommendation of the com-mittee; information concerning suchprovisions and effective time has beendisseminated among handlers of suchnectarines; and compliance with the pro-visions of this regulation will not re-quire of handlers any preparationtherefor which cannot be completed bythe effective time hereof. Such committeemeeting was held on May 14, 1968.

§ 916.336 Nectarine Regulation 4.

(a) Order. (1) During the period May22, 1968, through October 31, 1968, nohandler shall handle any package orcontainer of Sunrise or Sunbright nec-tarines unless:

(i) Such nectarines, when packed in astandard basket, are of a size not smallerthan a size that will pack a 4 x 4 stand-,ard pack;

(ii) Such nectarines, when packed ina No. 22D standard lug box, are of asize that will pack, in accordance withthe requirements of a standard pack, notmore than 108 nectarines in the lugbox; or

(iii) Such nectarines, when packed inany container other than the containersspecified in subdivisions (i) and (i) ofthis subparagraph, measure not less thantwo (2) inches in diameter: Provided,That not to exceed 10 percent, bycount, of the nectarines in any such con-tainer may fail to meet such diameterrequirement.

(2) When used herein, "diameter"and "standard pack" shall have thesame meaning as set forth in theU.S. Standards for Grades of Nectarines(§§ 51.3145-51.3160 of this title); "stand-ard basket" shall mean the standardbasket set forth in paragraph 1 of sec-tion 828.1 of the Agricultural Code ofCalifornia; No. 22D standard lug boxshall have the same meaning as setforth in section 828.4 of the AgriculturalCode of California; and all other termsshall have the same meaning as whenused in the marketing agreement andorder.(Sees. 1-19, 48 Stat. 31, as amended; 7 U.S.C.601-674)


PAUL A. NICHOLSON,Acting Director, Fruit and Veg-

etable Division, Consumerand Marketing Service.


[Peach Reg. 1, Amdt. 1]

PART 918-FRESH PEACHES GROWNIN GEORGIA

Limitation of Shipments

Findings. (1) Pursuant to the market-ing agreement, as amended, and Order


7565

7566

No. 918, as amended (7 CFR Part 918),regulating the handling of fresh peachesgrown in the State of Georgia, effectiveunder the applicable provisions of theAgricultural Marketing Agreement Actof 1937, as amended (7 U.S.C. 601-674),and upon the basis of the recommenda-tions of the committee established underthe aforesaid amended marketing agree-ment and order, and upon other availableinformation, it is hereby found that thelimitation of shipments of peaches, ashereinafter provided, will tend to effec-tuate the declared policy of the act.

(2) It is hereby further found that itis impracticable and contrary to thepublic interest to give preliminary notice,engage in public rule-making procedure,and postpone the effective date of thisamendment until 30 days after publica-tion in the FEDERAL REGISTER (5 U.S.C.553) because the time intervening be-tveen the date when information uponwhich this amendment is based becameavailable and the time when this amend-ment must become effective in order toeffectuate the declared policy of the actis insufficient; and this amendment re-lieves restrictions on the handling ofpeaches grown in the State of Georgia.

Order. The provisions of § 918.310(Peach Reg. 1; 33 F.R. 7117) are herebyamended in the following respects:

Paragraph (a) (2) and (3) thereof isrevised to read as follows:

§ 918.310 Peach Regulation 1.

(a) * * *(2) During the period May 20, 1968,

through May 22, 1968, no handler shallship (except peaches in bulk to destina-tions in the adjacent markets) anypeaches which are smaller than 13/4inches in diameter, except that not morethan 10 percent, by count, of suchpeaches in any bulk lot or any lot ofpackages, and not more than 15 percent,by count, of such peaches in any con-tainer in such lot, may be smaller than13/ inches in diameter.

(3) During the period May 23, 1968,through August 31,1968, no handler shallship (except peaches in bulk to destina-tions in the adjacent markets) anypeaches which are smaller than 178inches in diameter, except that not morethan 10 percent, by count, of suchpeaches in any bulk lot or any lot ofpackages, and not more than 15 percent,by count, of such peaches in any con-tainer in such lot, may be smaller than17 inches in diameter.

(Secs. 1-19,48 Stat. 31, as amended; 7 US.C.601-6V4)

Dated May 17, 1968, to become effec-,tive May 20, 1958.

PAUL A. NIcHOLsON,Acting Director, Fruit and Vege-

table Division, Consumer andMarketing Service.

[F.. Dm 68-6102; Filed. May 21, 1968;8:48 am.]


Title 1 4- E OAUTICS the continued designation of the controlzone will not be available after June 1,SPACE1968.

S PACE Therefore, it is necessary to revoke theGustavus control zone on or beforeChapter I-Federal Aviation Admin- , June 1, 1968. In view of the circum-

istration, Department of Transpor- stances, ithas been determined that is-tation suance of notice would be impracticable

[Docket No. 68-0-20; Arndt. 39-603] .and unnecessary.In consideratioh of the foregoing, Part

PART 39-AIRWORTHINESS 71 of the Federal Aviation RegulationsDIRECTIVES is amended, effective upon publication

in the FEDERAL REGISTER, as hereinafterPiper PA-28 and PA-32 Series set forth.

Airplanes In § 71.171 (33 F.R. 2058) the Gustavus,Al 0- -twol -- = 4t -A-=-

A proposal to amend § 39.13 of Part 39of the Federal Aviation Regulations,Amendment 39-480 (32 F.R. 13182), Al)67-26-2, to expand the effedtivity andcover additional aircraft not now in-cluded in the airworthiness directive forthe Piper PA-28 and PA-32 airplanes waspublished in 33 F.R. 5458.

Interested persons'have been affordedan opportunity to participate in themaking of the amendment. No objectionswere received.

In consideration of the foregoing, andpursuant to the authority delegated tome by the Administrator (31 FR. 13697),AD 67-26-2 is amended as follows:

Revise paragraph (a) to read: "OnModel PA-28-235 airplanes, Serial Nos.28-10001 t1irough 28-10985; Model PA32-260 airplanes, Serial Nos. 32-04, 32-1through 32-14, and 32-16 through 32-853; Models PA 32-300 and PA 32S-300airplanes, Serial Nos. 32-15 and 32-40000through 32-40265."

Revise Service Bulletin number inparagraph (a) to read "Service BulletinNo. 249 or later FAA approved revision."

This amendment becomes effectiveMay 22, 1968.(Secs. 313(a), 601, 603, Federal Aviation Actof 1958; 49 U.S.C. 1354(a), 1421, 1423)

Issued in East Point, Ga., May 14,1968.

JAluEs G. ROGERS,Director, Southern Region.


[Docket No. 68-AL--10]

PART 71-DESIGNATION OF FEDERALAIRWAYS, CONTROLLED AIRSPACE,.AND REPORTING POINTS

Revocation of Control Zone

The purpose of this amendment to Part71 of the Federal Aviation Regulations isto revoke the Gustavus, Alaska, controlzone.

The Gustavus control zone- is desig-nated within a 5-mile radius of GustavusAirport (latitude 58025'35" N., longi-tude 135042'50" W.) and within 2 mileseach side of the Gustavus RR northwest Icourse, extending from the 5-mile radiuszone to 8 miles northwest of the RR,from 0545 to 2145 hours, local time, daily.

Official hourly and special weatherobservations which are a prerequisite to

(Sec. 307(a), Federal Aviation Act of 1958;49 U.S.C. 1348)

Issued in Anchorage, Alaska, on May13, 1968.

LYLE K. BROWN,Director, Alaskan Region.

[P.R. Doc. 68-6057; Filed, May 21, 1968;8:46 am.]

Title 1 -(OMM ERCIALPRACICES

Chapter I-Federal TradeCommission

[Docket No. C-1324]

PART 13-PROHIBITED TRADEPRACTICES

Coleman Co., Inc.

Subpaxt-Furnishing false guaranties:§ 13.1053 Furnishing false guaranties.Subpart-Misrepresenting oneself andgoods--Goods: § 13.1647 Guarantee.(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. In-terprets or applies sec. 5, 38 Stat. 719, asamended; 15 U.S.C. 45) [Cease and desist,The Coleman Co., Inc., Wichita, Eans., Dock-et C-1324, Apr. 19, 1968]

In the Matter of The Coleman Co., Inc.,a Corporation

Consent order requiring a Wichita,Kans., manufacturer of heating and airconditioning units and trailer and camp-ing equipment to cease misrepresentingthe guarAntees on Its products.

The order to cease and desist, includ-ing further order requiring report ofcompliance therewith, is as follows:

it is ordered, That respondent TheColeman Co., Inc., acorporation, and itsofficers, agents, representatives, and em-ployees, directly or through any corpo-rate or other device, in connection withthe advertising, offering for sale, sale, ordistribution of heating units, air con-ditioning units, automobile trailers,camping equipment, or other products,in commerce as "commerce" is definedin the Federal Trade Commission Act,do forthwith cease and desist from:

1. Representing, directly or by im-plication, that its products are guaran-teed unless the ature and extent of theguarantee, the identity of the guarantor



and the manner in which the guarantorwill perform thereunder are clearly andconspicuously disclosed.

2. Furnishing or otherwise placing inthe hands of others any means or instru-mentality by or through which they maymislead or deceive the public in the man-ner or as to the things prohibited bythis order.

It is further ordered, That the'respond-ent corporation shall forthwith distrib-ute a copy of this order to each of itsoperating divisions.

It is further ordered, That the respond-ent herein shall, within sixty (60) daysafter service upon it of this order, filewith the Commission a report in writ-ing setting forth in detail the mannerand form in which it has complied withthis order.

Issued: April 19, 1968.

By the Commission.

[SEAL] JOSEPH W. SHEA,Secretary.

[F.R. Doc. 68-6045; Fled, May 21, 1968;8:46 am.]

[Docket No. C-1323]


Head Ski Co., Inc., and Head Ski &Sportswear, Inc.

Subpart-Combining or conspiring:§ 13.425 To enforce or bring about re-sale price maintenance. Subpart--main-taining resale prices: § 13.1130 Contractsand agreements.(See. 6, 38 Stat. 721; 15 U.S.C. 46. Interpretsor applies sec. 5, 38 Stat. 719, as amended;15 U.S.C. 45) [Cease and desist order, HeadSki Co., Inc., et al., Timonium, Md., DocketC-1323, Apr. 19, 1968]

In the Matter of Head Ski Co., Inc., aCorporation, and Head Ski & Sports-wear, Inc., a Corporation

Consent order requiring two Marylandmanufacturers of skis, ski accessories,and ski clothing to cease using unlawfulresale price fixing and price maintenancetactics in the sale of their products tofranchised dealers.


I. It is ordered, That respondent HeadSki Co., Inc., a corporation, its subsidi-aries, successors, assigns, officers, direc-tors, agents, representatives, and/or em-ployees, individually or in concert, di-rectly or through any corporate or otherdevice, in connection with the manufac-ture, distribution, offering for sale, sale,or rental of skis, ski poles, or ski acces-sory products, in commerce, as "com-merce" is defined in the Federal TradeCommission Act, do forthwith cease anddesist from:

A. Establishing, maintaining, or en-forcing any melrchandising or distribu-tion program, plan or policy under whichcontracts, agreements, understandings,arrangements, or planned commoncourses of action or courses of dealing

are entered into with its dealers whichhave the purpose or effect of fixing, es-tablishing, maintaining or enforcing theprices, terms, or conditions of sale orrental at which its skis, ski poles, orski accessory products, are to be resold orrented. This paragraph shall apply re-gardiess of whether or not such con-tracts, agreements, understandings, orarrangements are otherwise lawful un-der the statutes, laws, or public policynow or hereafter in effect in any State,Territory, or the District of Columbia.

For the purposes of this order thephrase "terms, or conditions of sale orrental" shall 'mean service charges,rental fees, trade-in allowances, methodsof payment, time restrictions on sale,and customer restrictions.

B. Entering into, continuing or en-forcing, or attempting to enforce anycontract, agreement, understanding, orarrangement, or any provision therein,which is inconsistent with subparagraph(A) above or subparagraph (C) below.

C. Engaging in any one or more of thefollowing acts or practices:

1. Prior to selling to a prospectivedealer, requiring assurances, whether byunderstanding, agreement, or otherwise,from such person or persons that theywill agree to abide by, and will abide bythe provisions of any merchandising ordistribution program or policy incon-sistent with the provisions of this order;

2. Requiring, directly or indirectly,any dealer to resell to respondent anyunsold stock of respondent's products inthe event that business relations be-tween respondent and the dealer areterminated: Provided, That respondentshall not be prohibited from repurchas-ing such unsold stock at the request of adealer or from obtaining an option froma dealer to repurchase such unsold stockin the event that the dealer is unableto meet his financial obligations torespondent;

3. Preventing, encouraging, restrain-ing, regulating, interfering with or limit-ing, in any manner, or for any reason,any dealers from reselling, renting, ex-changing, or transferring products pur-chased from respondent to any otherdealers whether or not such other deal-ers are dealers of respondent except thatthis provision shall not prevent respond-ent, Head Ski Co., Inc., from excludingfrom the scope of its warranty or guaran-tee, defects caused by faulty service orimproper mounting of bindings on itsproducts by persons other than fran-chised dealers;

4. Preventing, restraining, regulating,or limiting dealers from selling, at retail,products purchased from respondent, to.any particular class or classes of cus-tomers (including, but not limited to pro-fessional skiers, ski school personnel, skipatrol members, Federal and State agen-cies, the miitary, and educational insti-_tutions) at whatever prices, terms, orconditions- of sale are independentlydetermined by such dealers, and withoutprior clearance from or authorization byrespondent;

5. Urging, advocating, inducing, com-pelling, or aiding and abetting its retail

dealers to combine locally for the pur-pose or with the effect of arranging oragreeing upon uniform policies and pro-grams relating to rental fees, bindingmounting charges, trade-in allowances,or any other prices, fees, or charges, orterms or conditions pertaining to thesale or rental of any products purchased.from respondent;

6. Using registration numbers, serialnumbers or other similar identifyingmarks on its products as a means oftracing to particular dealers sales of skiswhere the purpose or effect of suchtracing is to implement any programs orpolicies of respondent forbidden by thisorder;

7. For a period of three (3) yearsafter the effective date of this order,publishing, disseminating or circulatingto its dealers, or including in any ad-vertising aids supplied or sold to itsdealers, any prices or lists of prices, sug-gested or mandatory, at which its prod-ucts may or must be resold or rentedby such dealers, and after said periodof 3 years unless each reference to suchprices is accompanied by a clear and con-spicuous statement that the resale pricesstated are "manufacturer's suggested re-tail prices only";

8. For a period of 3 years after theeffective date of this order, includingin its own advertising any retail pricesunless such prices are stated in terms ofa multiple of $5 and are prefaced bythe phrase "sells for around", and aftersuch 3-year period from including suchprices in its own advertising unless suchprices are clearly and conspicuously ac-companied by one of the following state-ments: "Manufacturer's suggested retail(list) price(s) only"; "Suggested retail(list) price(s) only"; "Sells for around(about) ; or "Around";

9. Circulating or publishing (1) listsof dealers or (2) notices to dealers in-forming them of franchises which havebeen added or dropped: Provided, Thatrespondent may, as a matter of courtesy,once each year in the spring, informfranchised dealers in any particular areaof all franchises effective in that areafor that year, and respondent may spon-sor advertising which lists authorizeddealers in a particular area;

10. Requiring, requesting, or solicitingfrom its dealers assistance and coopera-tion in securing and reporting informa-tion to respondent regarding the failureof other dealers to observe and complywith any merchandising programs orpolicies of respondent containing anyprices, terms, or conditions of sale orrental established or suggested by re-spondent;

11. Directing or requiring its area rep-resentatives, salesmen or other employeesor agents to secure and report informa-tion as to the failure of its dealers toobserve and comply with any merchan-dising programs or policies of respond-ent containing any prices, terms, or con-ditions of sale or rental established orsuggested by respondent which are for-bidden by this order;

12. Securing or attempting to secureassurances from its dealers, if informed

FEDERAL REGISTER, VOL. 33, NO. 100-WEDNESDAY, MAY 22, 1968.o. 100---3

7567


that such dealers have failed to complywith or observe the prices, terms andconditions of resale or rental establishedby reslondent, that said dealers will ob-serve and will comply with any merchan-dising programs or policies of respond-ent containing any prices, terms, or con-ditions of sale or rental established orsuggested by respondent;

13. Threatening to terminate anydealer or threatening to refuse to fill rea-sonable orders or reorders of any fran-chised dealer, because such dealer hasfailed to observe and comply with anymerchandising programs or policies ofrespondent containing any prices, terms,or conditions of sale or rental estab-lished or suggested by respondent;

14. For a period of three years afterentry of this order, terminating anydealer, or refusing to fill reasonableorders or re-orders of any franchiseddealer, because such dealer has failed toobserve and comply with any merchan-dising programs or policies of respondentcontaining any prices, terms, or condi-tions of sale or rental established or sug-gested by respondent, and, after such 3-year period, establishing or following aprogram or policy of systematically orgenerally refusing to continue dealingwith or filling reasonable orders and re-orders of dealers who fail to observe andcomply with any merchandising pro-grams or policies of respondent contain-ing any prices, terms, or conditions ofsale or rental established or suggestedby respondent.

D. For a period of three (3) years afterthe effective date of this order establish-ing or following a policy of systematicallyor generally refusing to sell to any dealerwho desires to sell, at retail, respondent'sproducts, for the reason that such dealerhas a reputation or potentiality for dis-counting or cutting prices or for sellingat retail to any particular customer orclass of customers.

E. For a period of three years (3) afterthe effective date of this order, refusingto continue selling products to any exist-ing dealer for any reason whatsoever,unless respondent at the time it notifiessuch dealer of its refusal simultaneouslynotifies the Commission of such refusaland provides the Commission with a de-tailed explanation-of all reasons prompt-ing such refusal.

II. I t is further ordered, That respond-ent Head Ski Co., Inc., shall, withinsixty (60) days after service upon it ofthis order, serve by registered mail:

A. On all of its dealers, on official HeadSki Co., Inc., stationary, together with acopy of this order, a copy of Letter Xattached to this order signed by theChairman of the Board of Head Ski Co.,Inc.; and,

B. On each dealer terminated sinceJanuary 1, 196e, a letter advising himthat he may apply, within thirty (30)days from receipt of that letter, for re-instatement as a Head Ski Co., Inc.,dealer.

lII. It is further ordered, That re-spondent Head Ski Co., Inc., shall ceaseand desist from refusing or failing toreinstate any former dealer terminated

since January 1, 1962 for failure to sup-port, observe, or comply with respond-ent's merchandising policies or programscontaining any prices, terms or 6ondi-tions of sale or rental established or sug-gested by respondent, where such dealer(A) requests reinstatement pursuant tothe provisions of paragraph II of thisorder and (B) is willing to adequatelyservice and sell respondent's products.

IV. -It is further ordered, That re-spondent Head Ski Co., Inc. shall submitto the Commission:

A. Within sixty (60) days after serviceupon it of this order a list of all dealersterminated since January 1, 1962; and

B. Within one hundred and twenty(120) days after service upon it of thisorder: (a) A list of all dealers who havebeen reinstated since service upon re-spondent of this ordei; and (b) A list ofall dealers who have not been reinstatedand the reasonor reasons therefor.

V. After a period of 3 years from theeffective date of this order, nothing inthis order shall be construed to prohibitrespondent Head Ski Co., Inc., from en-tering into, establishing, maintainingand enforcing, in any lawful manner, anyprice agreement excepted from the pro-visions of the Federal Trade CqmmissionAct by virtue of the VcGuire Act amend-ments to said Act or by any other ap-plicable statutes, whether now in effector hereafter enacted.

VI. It is further ordered, That respond-ent Head Ski & Sports Wear, Inc., a cor-poration, its subsidiaries, successors,assigns, officers, directors, agents, rep-resentatives, and/or employees, individu-ally or in concert, directly or throughany corporate or other device, in con-nection with the manufacture, distribu-tion, offering for sale, sale or rental ofski clothing or accessory items, in com-merce, as "commerce" is defined in theFederal Trade Commission Act, do forth-with cease and desist'from:

A. Establishing, maintaining, or en-forcing any merchandising or distribu-tion program, plan, or policy underwhich contracts, agreements, arrange-ments, understandings, or planned com-mon courses of action or courses of deal-ings are entered into with its dealerswhich have the purpose or effect of fix-ing, establishing, maintaining, or enforc-ing the prices, terms, or conditions ofsale or rental at which their ski clothingor accessory items are to be resold orrented.

For the purposes of this order, thephrase "terms, or conditions of sale orrental" shall mean service charges, rentalfees, trade-in allowances, methods ofpayment, time restrictions on sale andcustomer restrictions.

B. Entering into, continuing, or en-forcing or attempting to enforce anycontract, agreement, understanding, orarrangement, or any provision therein,which is inconsistent with subparagraph(A) above or subparagraph (C) below.

C. Engaging in any one or more of thefollowing acts or practices:

1. Prior to selling to a prospectivedealer, requiring assurances, whether byunderstanding, agreement, or otherwise,

from such person or persons that theywill agree to abide by, and will abide bythe provisions of any merchandising ordistribution program or policy incon-sistent with the provisions of this order;

2. Requiring, directly or indirectly, anydealer to resell to respondent any unsoldstock of respondent's products in theevent that business relations betweenrespondent and the dealer are termi-nated: Provided, That resp6ndent shallnot be prohibited from obtaining an op-tion from a dealer to repurchase suchunsold stock in the event that the dealeris unable to meet his financial obligationsto respondent;

3. Urging, advocating, inducing, com-pellini, or aiding and abetting its retaildealers to combine locally for the purposeor with the effect of arranging or agree-ing upon uniform policies and programsrelating to any prices, fees, or charges,or terms or conditions pertaining to thesale or rental of any products purchasedfrom respondent;

4. Using registration numbers, serialnumbers or other similar identifyingmarks on its products as a means oftracing to particular dealers sales of itsproducts where the purpose or effect ofsuch tracing is to implement any pro-grams or policies of respondent forbiddenby this order;

5. Publishing, -disseminating or cir-culating to its dealers any lists of pricesat which its products may be resold bysuch dealers unless such prices are ac-companied by a clear and conspicuousstatement that the stated prices aresuggested prices only;

6. Advertising any retail prices in itsown advertising or in any advertisingaids supplied or sold to its dealers unlesssuch prices are clearly and conspicuouslydescribed as manufacturer's suggestedretail prices only;

7. Circulating or publishing (1) listsof dealers or (2) notices to dealers in-forming them of franchises which havebeen added or dropped: Provided, Thatrespondent may, as a matter of courtesy,once each - year- in the spring, informfranchised dealers in any particular areaof all franchises effective in that areafor that year, and respondent maysponsor advertising which lists author-ized dealers in a particular area;

8. Requiring, requesting, or soliciting.from its dealers assistance and coopera-tion in securing and reporting informa-tion to respondent regarding the failureof other dealers to observe and complywith any merchandising programs orpolicies of respondent containing anyprices, terms, or conditions of sale orrental established or suggested byrespondent;

9. Directing or requiring its area rep-resentatives, salesmen or other employ-ees or agents to secure and report in-formation as to the failure of its dealersto observe and comply with any mer-chandising programs or policies of re-spondent containing an prices, terms,or conditions of sale or rental establishedor suggested by respondent which areforbidden by this order;

10. Securing or attempting to secureassurances from its dealers, if informed


7568

RULES AND' REGULATIONS

that such dealers have failed to complywith or observe the prices, terms, andconditions of resale or rental establishedby respondent, that said dealers will ob-serve and will comply with any mer-chandising programs or policies of re-spondent containing any prices, terms orconditions of sale or rental established orsuggested by respondent;

11. Threatening to terminate a par-ticular dealership because such dealerhas failed to observe and comply withany merchandising programs or policiesof respondent containing any prices,terms, or conditions of sale or rentalestablished or suggested by respondent.

D. Nothing in this order shall be inter-preted to prohibit respondent Head Ski& Sports Wear, Inc., from entering into,establishing, maintaining, and enforcingin any lawful manner any price agree-ment excepted from the provisions of theFederal Trade Commission Act by virtueof the McGuire Act amendments to saidAct or any other applicable statutes,whether now in effect or hereafter en-acted.

VII. It is further ordered, Thatrespondents herein shall forthwith dis-tribute a copy of this order to all of their"operating divisions.

VIII. It is further ordered, That therespondents herein shall within sixty(60) days after service upon them of thisorder, file with the Commission a reportin writing setting forth in detail themanner and form in which they havecomplied with this order.


By the Commission.

[SEAL] JOSEPH W. SHEA,Secretary.

[P.R. Doc. 68-6046; Fi'.led, May 21, 1968;8:46 a.m.]

[Docket No. C-1326]


Robert's Discount Center et al.

Subpart-Advertising falsely or mis-leadingly: § 13.70 Fictitious or mislead-ing guarantees; § 13.140 Old, reclaimedor reused product being new. Subpart-Misrepresenting oneself and goods--Goods: § 13.1647 Guarantees; § 13.1695Old, secondhand, reclaimed or recon-structed as new. Subpart-Neglecting,unfairly or deceptively, to make materialdisclosure: § 13.1880 Old, used, or re-claimed as unused or new.

(See. 6, 38 Stat. 721; 15 U.S.C. 46. Interpretsor applies sec. 5, 38 Stat. 719, as amended;15U.S.C.45) [Cease and desist order; Robert'sDiscount Center et al., Washington, D.C.,Docket C-1326, Apr. 30, 1968]

In the Matter of Robert's Discount Cen-ter, a Partnership, and JosephChabbot and Robert D. Cohen, In-dividually and as Copartners Trad-ing and Doing Business as Robert'sDiscount Center

Consent order requiring a Washing-ton, D.C., discount merchandiser to cease

advertising and selling used cameras andradios as new and misrepresenting theguarantees on such merchandise.


It is ordered, That respondentsRobert's Discount Center, a partnership,and Joseph Chabbot and Robert D.Cohen, individually and as copartners,trading and doing business as Robert'sDiscount Center or under any othername or names, and respondents' agents,representatives, and employees, directlyor through any corporate or other device,in connection with the advertising, offer-ing for sale, sale or distribution ofcameras, radios, or other articles ofmechandise, in commerce, as "com-merce" is defined in the Federal TradeCommission Act, do forthwith cease and.desist from:

1. Representing, directly or by impli-cation, that used merchandise is new.

2. Advertising, offering for sale or sell-ing any article of merchandise which hasbeen used or which contains parts ormaterials which have been used, unlessthere is clear and conspicuous disclosureof such fact, in all advertising andpromotional matter, on the article bytag, sticker, or similar device, and on thesales instrument' or receipt given to thepurchaser at the time of the sale.

3. Representing, directly or by Impli-cation, that any article of merchandiseis guaranteed, unless the nature and ex-tent of the guarantee, the identity of theguarantor and the manner in which theguarantor will perform thereunder areclearly and conspicuously disclosed inwriting to the purchaser at or before thetime of sale.

4. Failing to perform fully and withreasonable promptness all of their re-quirements and obligations under theterms of the guarantee as represented.

It is further ordered, That the respond-ents herein shall, within sixty (60) daysafter service upon them of this order, flewith the Commisiion a report in writingsetting forth in detail the manner andform in which they have complied withthis order.


By the Commission.

[SEAL] JosEPH W. SHEA,. Secretary.

[F.R. Doe. 68-6047; Filed, May 21, 1968;8:46 am.]

[Docket No. C-1325]

PART- 13-PROHIBITED TRADEPRACTICES

Stern-Slegman-Prins Co. et al.

Subpart-Advertising falsely or mis-leadingly: § 13.30 Composition of goods:13.30-30 Fur Products Labeling Act;13.30-75 Textile Fiber Products Ideiti-fication Act; 13.30-100 Wool ProductsLabeling Act; § 13.73 Formal regula-tory and statutory requirements: 13.73-10 Fur Products Labeling Act; 13.73-70Wool Products Labeling Act; 13.73-90

Textile Fiber Products Identification Act.Subpart-Misbranding or mislabeling:§13.1185 Composition: 13.1185-30 FurProducts Labeling Act; 13.1185-30 Tex-tile Fiber Products Identification Act;13.1185-90 Wool Products Labeling Act;§ 13.1212 Formal regulatory and statu-tory requirements: 13.1212-30 Fur Prod-ucts Labeling Act; 13.1212-80 TextileFiber Products Identification Act; 13.-1212-90 Wool Products Labeling Act.Subpart-Neglecting, unfairly or decep-tively, to make material disclosure: § 13.-1845 Composition: 13.1845-30 FurProducts Labeling Act; 13.1845-70 Tex-tile Fiber Products Identification Act;13.1845-80 Wool Products Labeling Act;§ 13.1852 Formal regulatory and statu-tory requirements: 13.1852-35 Fur Prod-ucts Labeling Act; 13.1852-70 Textile Fi-ber Products Idintification.Act; 13.1852-80 Wool Products Labeling Act.(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpretor apply sec. 5, 38 Stat. 719, as amended, 72Stat. 1717, 719, as amended, 72 Stat. 1717,sec. 8, 65 Stat. 179, sees. 2-5, 54 Stat. 1128-30;15 U.S.C. 45, 70, 69f, 68) [Cease and desistorder, Stern-Slegman-Prins Co. et al., KansasCity Mo., Docket C-1325, Apr. 26, 1968]

In the Matter of Stern-Slegman-PrinsCo., a Corporation, Trading UnderIts Own Name and as Norkay Wool-ens, and Robert M. Slegman, Ferdi-nand Stern, Saul Slegman, andSteven C. Higinbotham, Individuallyand as Officers of Said Corporation

Consent order requiring a Kansas City,Mo., clothing manufacturer and retailerto cease misbranding and falsely ad-vertising its fur, wool and textile fiberproducts.

The order to cease and desist, includingfurther order requiring report of com-pliance therewith, Is as follows:

It is ordered, That respondents Stem-Slegman-Prins Co., a corporation, trad-ing under its own name or as NorkayWoolens, or any other name or names,and its officers, and Robert M. Slegman,Ferdinand Stem, Saul Slegman, andSteven C. Higinbotham, individually andas officers of said corporation, and re-spondents' representatives, agents, andemployees, directly or through any cor-porate or other device, in connection withthe introduction, or manufacture for in-troduction, into commerce, or the sale,advertising, or offering for sale in com-merce, or the transportation or distribu-tion in commerce, of any fur product; orin connection with the manufacture forsale, sale, advertising, offering for sale,transportation, or distribution, of anyfur product which is made in whole orin part of fur which has been shippedand received in commerce, as the terms"commerce," "fur," and -"fur product"are defined in the Fur Products LabelingAct, do forthwith cease and desist from:

A. Misbranding any fur product by:1. Failing to affix a label to such fur

product showing in words and in figuresplainly legible all of the informationrequired to be disclosed by each of thesubsections of section 4(2) of the FurProducts Labeling Act.

2. Failing to set forth the term "nat-ural" as part of the information required

FEDERAL REGISTER, VOL. 33, NO. "100-WEDNESDAY, MAY 22, 1968

7569

7570

to be disclosed on a label under the FurProducts Labeling Act and the rules andregulations promulgated thereunder todescribe such fur product which is notpointed, bleached, dyed, tip-dyed, orotherwise artificially colored.

B. Falsely or deceptively advertisingany fur product through the use of anyadvertisement, representation, public an-nouncement or notice which is intendedto aid, promote or assist, directly or in-directS7, in the sale, or offering for saleof any such fur product, and which:

1. Fails to set forth in words andfigures plainly legible all the informa-tion required to be disclosed by each ofthe subsections of section 5(a) of theFur Products Labeling Act.

2. Fails to'set forth the term "natural"as part of the information required tobe disclosed in advertisements under theFur Products Labeling Act and the rulesand regulations promulgated thereunderto describe such .fur product which isnot pointed, bleached, dyed,, tip-dyed, orotherwise artificially colored.I t is further ordered, That respondents

Stern-Slegiman-Prins Co., a corporation,trading under its own name or as NorkayWoolens, or any other name or names,and its officers, and Robert M. Slegman,Ferdinand Stern, Saul Slegmafi, andSteven C. Higinbotham, individually andas officers of said corporation, and re-spondents' representatives, agents, andemployees, directly or through any cor-porate or other device, in connectionwith the manufacture for introductioninto commerce, the introduction intocommerce, or the offering for sale, sale,transportation, distribution, delivery forshipment, or shipment, in commerce, ofwool products, as "commerce" and "woolproduct" are defined in the Wool Prod-ucts Labeling Act of 1939, do forthwithcease and desist from misbranding woolproducts by:

1. Falsely and deceptively stamping,tagging, labeling, or otherwise identify-ing such products as to the character oramount of the constituent fibers con-tained therein.

2. Failing to securely affix to, or'placeon, each such product a stamp, tag, label,or other means of identification showingin a clear and conspicuous manner eachelement of information required to bedisclosed by section 4(a) (2) of the WoolProducts Labeling Act of 1939.

3. Failing to set forth the respectivecommon generic name of fibers in nam-ing such fibers in the required informa-tion on stamps, tags, labels, or othermeans of identification attached to woolproduots.

4. Using the term "mohair" in lieu ofthe term "wool" on stamps, tags, labels,or other means of identification affixed towool products, without setting forth thepercentage of mohair contained in suchwool products.

5. Failing to affix labels showing in,words and figures plainly legible all theinformation required to be disclosed bysection 4(a) (2) of the Wool ProductsLabeling Act of 1939, to samples,swatches, or specimens of wool productsused to promote or effect the sale of suchwool products.


-It is further ordered, That respondents all the information required to be dis-Stern-Slegman-Prins Co., a corpora- closed by section 4(b) of the Textile Fibertion, trading under its own name or as Products Identification Act.Norkay Woolens, or under any other B. Falsely or deceptively advertisingname or names, and its officers, and Rob- any textile fiber product by: •ert M. Slegman, Ferdinand Stern, Saul 1. Making any representation, by dis-Slegman, and Steven C. Higinbotham, closure or by implication, as to the fiberindividually and as officers of said cor- content of any textile fiber product in anyporation, and respondents' representa- written advertisement which is used totives, agents, and employees, directly or aid, promote, or assist, directly or indi-through any corporate or other device, rectly, in the sale or offering for sale ofin connection with the introduction, de- such textile fiber product, unless the samelivery for introduction, manufacture for information required to be shown on theintroduction, sale, advertising, or offer- stamp, tag, label, or other means ofing for sale, in commerce, or the trans- identification under section 4(b) (1) andportation or causing -to be transported, (2) of the Textile Fiber Products Identi-or the importation into the United fication Act is contained ii the same ad-States, of any textile fiber product; or in vertisement, except that the percentagesconnection with the sale, offering for of the fibers present in a textile fibersile, advertising, delivery, transporta- product need not be stated.tion, or causing to be transported, of any 2. Using a fiber trademark in adver-textile fiber product which has been ad-, tising such textile fiber product withoutvertised or offered for sale in commerce; a full disclosure of the required contentor in connection with the sale, offering information in at least ofie instance infor sale, advertising, delivery, transpor- said advertisement.tation, or causing to be transported, after 3. Using a fiber trademark in adver-shipment in commerce, of any textile tising such textile fiber product contain-fiber product, whether in its original ing more than one fiber without suchstate or contained in other textile fiber fiber trademark appearing on the re-products, as the terms "commerce" and quired fiber content information in im-"textile fiber product" are defined in the mediate proximity and conjunction withTextile Fiber Products Identification Act, the generic name of the fiber in plainlydo forthwith cease and desist from: legible type or lettering of equal size and

A. Misbranding any textile fiber prod- conspicuousness.uct by: 4. Using a generic name or fiber trade-

1. Falsely or deceptively stamping, mark of a fiber in advertising such tex-tagging, labeling, invoicing, advertising, tile fiber product in such a manner asor otherwise identifying such product as to be false, deceptive, or misleading as toto the name or amount of constituent fiber content or to indicate, directly orfibers bontained therein. indirectly, that such textile fiber product

2. Falsely or deceptively stamping, is composed wholly or in part of suchtagging, labeling, invoicing, advertising, fiber when such is not the case.or otherwise identifying such product by It is further ordered, That the re-representing, either directly or by impli- -spondents herein shall, within sixty (60)cation, through the use of the terms "Silk days after service upon them of this or-Iridescent", or any other terms, that any der, file with the Commission a reportfibers are present in the said textile fiber in writing setting forth in detail theproduct when such is not the case. manner and form in which they have

3. Failing to affix a label to such a complied with this order.textile fiber product showing each ele- Issued: April 26, 1968.ment of information required to be dis-closed by section 4(b) of the Textile Fiber By the Commission.Products Identification Act. ESEALI JOSEPH W. SHEA,

4. Using a fiber trademark on a label Secretary.affixed to such a textile fiber product jFR. Doc. 686048; Filed, May 21, 1968;without the generic name of the fiber ap- 8:46 a.m.]pearing on' the said label.

5. Using a generic name or fiber trade-mark on any such label whether requiredor nonrequired, without making a full Title 20-EMPLOYEES'and complete fiber content disclosure inaccordance with the Textile Fiber Prod- BENEFITSucts Identification Act and the rules andregulations promulgated thereunder the Chapter V-Bureau of Employmentfirst time such generic name or fibertrademark appears on the label. Security, Department of Labor

6. Using a generic name of a fiber or PART 621-CERTIFICATION OF TEM-a fiber trademark on a label affixed to PORARY FOREIGN LABOR FOR IN-any such textile fiber product in such a- DUSTRIES OTHER THAN AGRICUL-manner as to be false, deceptive or mis-leading as to fiber content or to indicate, TURE OR LOGGINGdirectly or indirectly, that such textile On page 4629 of the FEDERAL REGISTERfiber product is composed wholly or in of March 16,. 1968, there was publishedpart of such fiber when such is not the a notice of proposed rule making tocase. amend Title 20 of the Code of Federal

7. Failing to affix labels to samples, Regulations by establishing a new Partswatches,, or specimens of textile fiber 621. Interested persons were given 15products used to promote or effect the days in which to submit written state-sale of such textile fiber products show- ' ments of data, views, or argument con-ing in words and figures plainly legible cerning the proposal. None were received



and the new 20 CFR Part 621 is herebyadopted without change and is set forthbelow.

Effective date. Part 621 shall be effec-tive June 22, 1968.

Signed at Washington, D.C., this 16thday of May 1968.

WILLARD WIRTZ,

Secretary of Labor.Sec.621.1 Purpose.621.2 Applications.

AUTHOrTy: The.-provisions of this Part621 Issued under 8 U.S.C. 1101, 1184; 8 CFR214.2.

§ 621.1 Purpose.

This part sets forth the procedure tobe followed by employers anticipating alabor shortage- in industries other thanagriculture or logging (see Part 602 ofthis chapter) who desire certificationsfor temporary foreign labor pursuant tothe Immigration and NaturalizationService Regulations (8 CFR 214.2(h) (i))in order to accord aliens classificationsunder section 101(a) (15) (H) (ii) (8U.S.C. 1101(a) (15) (H) (ii)) of the lim-migration and Nationality Act.

§ 621.2 Applications.Application forms (Form ES-575-B)

for certification for temporary nonagri-cultural foreign ldbor may be'obtainedfrom and should be filed in duplicatewith the local office of the State employ-ment service serving the area of pro-posed employment.§ 621.3 Determinations.

(a) When received, applications forcertification shall be forwarded by thelocal office of the State employment serv-ice to the appropriate Regional Admin-istrator of the Bureau of EmploymentSecurity who will issue them if he findsthat qualified persons in the UnitedStates are not available and that theterms of employment will not adverselyaffect the wages and working conditionsof workers in the United States similarlyemployed.

(b) In making this finding, such mat-ter as the employer's attempts to recruitworkers and the appropriateness of thewages and working conditions offered,will be considered. The policies of theU.S. Employment Service set forth inParts 602 and 604 of this chapter shallbe followed in making the findings.

(c) In any case in which the RegionalAdministrator of the Bureau of Employ-ment Security determines after ex-amination of all the pertinent facts be-fore him that certification should" notbe issued, he shall promptly so notifythe employer requesting the certification.Such notification shall contain, a state-ment of the reasons on which the re-fusal to issue a certification is based.

(d) The certification or notice ofdenial thereof is to be used by the em-ployer to support his petition Form I-129B, filed with the District Director ofthe Immigration and NaturalizationService. -

[P.R. Doe. 68-6095; Filed, May 21, 1968;8:47 am.]

Title 29-LABORChapter V-Wage and Hour Division,

Department of Labor

PART 511-WAGE ORDER PROCE-DURE FOR PUERTO RICO, THEVIRGIN ISLANDS, AND AMERICANSAMOA

Compensation of Committee MembersPursuant to authority in section 5 of

the Fair Labor Standards Act of 1938 (52Stat. 1062, as amended;, 29 U.S.C. 205),Reorganization Plan No. 6 of 1950 (3 CFR1949-53 Comp., p. 1004), and in Secre-tary's Order No. 19-67 (32 P.R. 12980), Ihereby revise 29 CFR 511.4 to read as setforth below.

As this revision concerns only a rule ofagency practice, and is not substantive,notice of proposed rule making, oppor-tunity for public'participation, and de-lay in effective -date are not required by5 U.S.C. 553. It does not appear that suchparticipation or delay would serve a use-ful purpose. Accordingly, this revisionshall be effective immediately.

As revised, § 511.4 reads as follows:§ 51-1.4 Compensation of committee

members.Each member of an industry commit-

tee will be allowed a per diem of $65 foreach day actually spent in the work ofthe- committee, and will, in addition, bereimbursed for necessary transportationand other expense incident to travelingin accordance with Standard Govern-ment Travel Regulations then in effect.All travel expenses will be paid on trav-el vouchers certified by the Administratoror his authorized representative. Anyother -necessary expenses which are in-cidental to the work of the committeemay be incurred by the committee uponapproval of, and shall be paid upon certi-fication of, the Administrator or his au-thorized representative.(See. 5, 52 Stat. 1062, as amended; 29 U.S.C.205)

Signed at Washington, D.C., this 15th-day of May 1968.

CLARENCE T. LuNDQuIsT,Administrator, Wage and Hour

and Public Contracts Divisions.[P.R. Doc. '68--6056; Filed, May 21, 1968;

8:46 a m.]

Title 33-NAVIGATION AND-NAVIGABLE WATERS

Chapter II-Corps of Engineers,Department of the Army

PART 208-FLOOD CONTROLREGULATIONS

Jamestown Dam and Reservoir,N. Dak.

Pursuant to the applicable provisionsof sections 7 and 9 'of the Act of Con-gress approved December 22, 1944 (58Stat. 890, 891; 33 U.S.C. 709), § 208.50


7571

establishing flood control regulations forJamestown Dam and Reservoir, N. Dak.,is hereby amended by revising para-graphs (a) and (d), effective upon pub-lication in the FEDERAL REGISTER. Asrevised the paragraphs read as follow:

§1208.50 Jamestown Dam and Reservoir,James River, Stutsman County,N. Dak.

(a) The flood control storage of thelake to reservoir which presentlyamounts to 192,068 acre-feet betweenelevation 1429.8 m.s.1. and elevation1454.0 m.s.1. shall be regulated for floodcontrol on the-James River below thedam to effect the release of waterthrough the river outlet works (having acapacity of 2,075 c.f.s. at elevation 1429.8m.s.1.) as stated in the following: Fromthe beginning of spring runoff to Sep-tember 1, releases will be progressivelyincreased as the flood storage space isfilled, and will be kept at the highestrate practicable without unduly contrib-uting to seriously damaging stages onthe James River (presently estimated as11.3 feet on the Jamestown gate and 8.6feet on the LaMoure gage) or, prior tomid-June, causing undue prolongationof flooding which may have resulteddespite the control afforded by James-town Reservoir; flood storage will beregulated during the period following thespring runoff to September 1 so as toretain, for use by the Regional Directoras desirable to enhance the recreationaland other conservation uses of the reser-voir, such minimum amounts of storagein the flood zone as the District Engineershall determine will not adversely affectthe basic flood control operation of theproject; from September 1 through No-vember 15 releases will be maintained asnecessary to evacuate the reservoir toelevation 1429.8 midnight of November15 providing that such releases will notcause the river to .exceed significantdamage level in the Jamestown area

* (presently estimated as about 11.3 feeton the Jamestown gage); from Novem-ber 15 to the- beginning of spring runoffreleases will be made as necessary tokeep the pool evacuated to elevation1429.8 providing that such releases willnot cause Jamestown flows to exceed100 c.f.s.

(d) The Regional Director shall ar-range for the Damtender to report atonce to the District Engineer by tele-phone, telegraph, or radio whenever thereservoir level reaches or exceeds eleva-tion 1429.8, or flood discharges appearimminent, and to report as requestedthereafter until the reservoir level fallsto elevation 1429.8 or below.

[Begs., April 18, 1968, ENGCW-EY] (Ses. 7and 9, 58 Stat. 890, 891; 33 U.S.C. 709)

For the Adjutant General.

J. W. HURD,Colonel, AGC, Comptroller, TAGO.

[P.R. Doc. 68-6040; Filed, May 21, 1968;8:46 am.)

7572

Title 41-m---9LC CONTRACTSAND PROPERTY IMANAGEMENT

Chapter 9-Atomic EnergyCommission

PART 9-7-CONTRACT CLAUSES

Subpart 9-7.50--Use of StandardClauses

SAFETY, HEALTH, AND FIRE PROTECTION

In § 9-7.5006-47, Safety, health, andfAre protection, paragraph (a) of NoteA is revised to read as follows:§ 9-7.5006-47 Safety, health, and fire

protection.

NOTE A: * * *(a) in all contracts involving use or pos-

session of source, byproduct or special nu-clear material or of production or utiliza-tion facilities which are exempt from AEClieensing requirements by AEC regulation orfor which an exemption from AEC licensinghas been granted by the General Manager orhis designee (Ref: 10 CFIR Parts 30, 40, 50,and 70);

(See. 161, Atomic Energy Act of 1954, asamended, 68 Stat. 948, 42 U.S.C. 2201; sec.205, Federal Property and AdministrativeServices Act of 1949, as amended, 63 Stat.390, 40 US.C. 486)

Effective date. This amendment is ef-fective upon publication in the FEDERALREGISTER.

Dated at Germantown, Md., this 15thday of May 1968.

For the U.S. Atomic Energy Commis-sion.

JOSEPH L. SMrnH,Director, Division of Contracts.

[P.R. Doc. 68-6026; Filed, May 21; 1968;8:45 am.]

Title 43-PUBLIC LANDS:INTERIOR

Chapter l--Bureau of Land Manage-ment, Department of the Interior

APPENDIX-PUBLIC LAND- ORDERS[Public Land Order 4416] -

[Idaho 017255]

IDAHOWithdrawal for Administrative Site

By virtue of the authority vested in thePresident and pursuant to Executive Or-der No. 10355 of May 26, 1952 (17 F.R.4831), it is ordered as follows:

1. Subject to valid existing rights, thefollowing described public lands, whichare under the jurisdiction of the Secre-tary of the Interior, are hereby with-drawn from all forms of appropriationunder the public land laws, including themining laws (30 U.S.C., Ch. 2), but notfrom leasing under the mineral leasing


laws, for an administrative site for useof the Forest Service, Department ofAgriculture.

BOISE MERIDIAN

SODA SPRINGS ADMINISTRATIVE SITE

T. 8 S., R. 42 E.,Sec. 28, E SW .

The area described aggregates 80 acresin Caribou County.

2. The withdrawal made by this orderdoes not alter the applicability of thepublic land laws governing the use ofthe lands under lease, license, or permit,or governing the disposal of their min-eral or vegetative resources other thanunder the mining laws.

HARRY R. ANDERSON,Assistant Secretary of the Interior.

MAY 16, 1968.[F.R. Doc. 68-6049; Filed, May 21, 1968;

8:46 a.m.]

Title 47-TELECOMMUNICATIONChapter [-Federal Communications

Commission[Docket No. 17935; FCC 68-522]

PART 21-DOMESTIC PUBLIC RADIOSERVICES (OTHER THAN MARITIMEMOBILE)

Increase in Maximum Radio ChannelBandwidth

Report and order. In the matter ofamendment of Part 21 of the Commis-sion's rules to increase the maximumradio channel bandwidth to3.5 MHz inthe 2110-2200 ME£Hz frequency band,Docket No. 17935, RM-1188.

1. Notice of proposed rule making inthe above-entitled matter was adoptedby the Commission on December 20, 1967.Comments were requested by January 19,1968, and reply comments by January 29,1968. In response to a petition by theElectronic Industries Association, theCommission extended these dates toFebruary 2, 1968, and February 12, 1968,respectively. Comments were filed by thefollowing parties:American Telephone and Telegraph Co.

(AT&T).Carolina Telephone and Telegraph Co.

(Carolina).Citizens Utilities Company of California

(Citizens).Electronics InduStries Association, Land Mo-

bile Communications Section (ErA-Mobile).

Electronics Industries Association, MicrowaveCommunications Section (EIA-Micro-wave).

Ellijay Telephone Co. (Ellijay).Empire Telephone Co. (Empire).Farinon Electric (Farinon).GT&E Service Corp. (GT&E).Hawaiian Telephone Co. (Hawaiian).ITT Telecommunications (ITT).Lincoln County Telephone System (Lincoln).Zisklyou Telephone Co. (Siskiyou).Thermal Belt Telephone Co. (Thermal Belt).United States Independent 'Telephone Asso-

ciation (USITA).

United Telephone Company of ArkansaS,United Telephone Company of Kansas,Inc., and United Telephone Company ofMissouri (United).

Western Union Telegraph Co. (WesternUnion).

Reply comments were filed by Unitedonly.

2. The comments filed in this proceed-ing fell into three basic categories. Thegreat majority of the comments (14 outof 17) favored anlending the rules asproposed in the Commission's notice ofproposed rule making adopted Decem-ber 20, 1967. Two of the comments(GT&E and Western Union), while inaccord with the majority thinking,looked toward broadening the scope ofthe proceeding and one (EIA-Mobile)discussed the feasibility of the use of 2GHz frequencies for land mobile pur-poses. All comments were carefully con-sidered by the Commission and arediscussed in the following paragraphs.

3. Comments filed by AT&T, Carolina,Citizens, EIA-Mcrowave, Ellijay, Em-pire, Farinon, Hawaiian, ITT, Lincoln,Siskiyou, Thermal Belt, USITA, andUnited favor adoption of the amend-ments exactly as proposed in .the Com-mission's notice of proposed rule making.

4. GT&E, in its comments, supportsthe amendment to the extent that itwould increase the maximum radio chan-nel bandwidth authorized 'in the 2110-2200 1IHz band. However, they favor anincrease in the maximum bandwidth to4.0 MHz instead of 3.5 M1Hz. In supportof its position, GT&E states that eitherthe 3.5 or 4 MTHz bandwidth would fosterdevelopment of five primary radio chan-nels in each 20 MTHz segment of the2110-2200 MHz band allocated to theDomestic Public Point-to-Point Micro-wave Radio Service. However, GT&Estates that the five radio channels op-erating with 3:5 MHz bandwidths wouldconsume only 17.5 1Hz of availablespectrum thus leaving 2.5 MATHz subjectto restricted or impaired use due topossible interference with the primaryassignments.

5. Western Union, in its comments,agrees that the petition (RM-1188) onwhich the proposed rule making is basedhas merit. However, they contend thatthe scope of the rule making proceedingshould be broadened to include the estab-lishment of a specific frequency plan forthe 2 GHz band. Western Union wouldalso reconsider the method for calculat-ing necessary bandwidth contained inPart 2 of the Commission's rules. Inaddition, they note that the 2 GHz com-mon carrier band is intended for rela-tively low capacity systems andrecommend that a practical workingdefinition of what constitutes a lowcapacity.system be established. They be-lieve -that a provision for 240 voicechannels is reasohable and that the max-imum authorized radio channel band-width should be keyed to that capacity.-

6. Comments regarding the practica-bility of using the 2 GHz band for landmobile services were filed by EIA-Mobile.They explore the practicability in sub-



stantial detail and conclude that the 2GHz frequency region offers no effectiverelief for the land mobile spectrumproblem which now exists. In support ofthis conclusion they state in summarythat the potential usefulness of the 2GHz band for land mobile communica-tions is limited by the technical factorsaffecting system and equipment designand performance at these frequenciesand that the effect of these technicalfactors now, and in the foreseeablefuture, is to make impractical the useof 2 GHz frequencies for land mobileradio for anything but very restrictedand special applications.

7. United, in its reply, states that thecomments filed in this proceeding indi-cate an overwhelming endorsement ofthe proposed amendment to increase themaximum authorized bandwidth in the2110-2200 MHz band from 0.8 to 3.5 MAHz.They take issue with the comments filedby Western Union regarding the estab-lishment of a specific frequency plan andmodifying the method of determiningbandwidth contained in Part 2 of therules. United states that Western Uniondoes not put forth any specific solutionto either matter but only suggests thatmore studies are needed. United contendsthat adequate bases have been given theCommission for the need to increase theallowable bandwidth as proposed andthat the Commission should not furtherdelay adoption of the amended rulesmerely to allow time to consider an addi-tional matter for which no solution hasbeen formulated. United also argues thatthe 240 voice channel capacity, whichWestern Union considers reasonable fora low capacity system, can be providedon short haul medium performance sys-tems with the bandwidth contemnlated.

8. In consideration of these commentsand reply, the Commission first notesthat all comments support use of thecommon carrier portion of the 2 GHzband for the fixed point-to-point serviceand that most favor adoption of the rulechanges in the manner proposed InDocket 17935.

9. With respect to the Western Unioncomments and United's reply thereto, itis noted thatVWestern Union advancesthree basic arguments:

(1) That a specific frequency planshould be established for the 2 GHzband,

(2) That the method for calculatingbandwidth contained in Part 2 of therules should be reconsidered and

(3) That a definition of a low-capacitysystem should be established at 240 voicechannels and the maximum authorizedradio channel bandwidth keyed to thatcapacity.

The Commission responds to thesematters in the same order as follows:

(1) Although this proceeding is basi-cally concerned with increasing themaximum authorized bandwidth in thecommon carrier 2 GHz bands to accom-modate systems requiring voice channeldensities relative to this bandwidth, thereare many systems now operating in the2 GHz bands (and it is anticipated thatmore will be established in the future)

which do not require the maximumauthorized bandwidth. Allocation ofthese systems on the basis of a band-width greater than is required to meettheir particular needs would be wastefulof the frequencyspectrum since onlythe minimum bandwidth necessary tomeet the particular operational require-ment should be authorized. For thesereasons it does not appear that furthercompartmentalization of these two nar-row common carrier segments of the 2GHz band would be in the publicinterest;

(2) That this proceeding is concernedwith Part 21 of the rules and commentsconcerning Part 2 will not be consideredand

(3) That to relate specific number ofvoice channels to a radio frequencybandwidth would necessitate considera-tion of additional factors such as thenoise requirements of the system, thenumber of tandem hops involved and theper channel deviation, factors which mayvary with each application. In its re-ply, United notes that Western Union's240 voice channel capacity could beachieved within the 3.5 MHz bandwidthunder certain conditions. In view of thisand the various bandwidths which sys-tems will use on these channels, theCommission declines to adopt WesternUnion's proposal to consider a low ca-pacity system as one with requirementsof 240 voice channels.

10. With regard to the GT&E coni-ments favoring an increase in maximumauthorized radio channel bandwidth to4.0 MHz rather than 3.5 MHz, the Com-mission feels the comments do not ade-quately support the position advanced.Although they state that specific RBchannel assignments are not proposed, itwould appear tfiat the recommended 4.0MHz bandwidth is predicated on thebasis of such assignments. Based againon the differing bandwidth requirements.of systems operating on these frequenciesit would appear that the maximum 3.5MHz bandwidth proposed by United con-stitutes a reasonable compromise to meetthe service requirements stated and thattheir supporting calculations based uponC.C.IR./C.C.I.T.T. recommendations jus-tify such a conclusion.

11. Based upon all relevant informa-tion before it, the Commission believesthat it has been adequately demon-strated that adoption of the rule changesproposed in this docket is in the publicinterest. Adoption of the rule changeswould have the twofold result of in-creasing the applicability and use of the2 GHz band and decreasing the demandfor assignments in the higher, more con-gested common carrier bands. The Com-mission further believes that other mat-ters put before it in this proceeding donot justify further delay in the institu-tion of the rules changes contained inDocket 17935.

12. In view of the foregoing: It is or-dered, Pursuant to the authority con-tained in sections 4(i) and 303 of theCommunications Act of 1934, as amend-ed, that effective June 25, 1968, Part 21of the Commission's rules is amended asset forth below.

13. It is further ordered, That this pro-ceeding is terminated.(Sees. 4, 303, 48 Stat., as amended 1066, 1082;47 U.S.C. 154, 303)

Adopted: May 15, 1968.

Released: May 17, 1968.

FEDERAL COMMU1CATIONSCOMMISSION,'

[SEAL] BEN F. WAPLE,Secretary.

Part 21 of the Commission's rules isamended as follows:

1. Note 3 under § 21.701(a) is amendedas follows:

§ 21.701 Frequencies.

(a) * * *3 Television transmission in this band Is not

authorized and radio frequency channelwidths shall not exceed 3.5 MHz.

* * * * *

2. Section 21.703(g) is amended toread as follows:

§ 21.703 Bandwidth and emission limi-tations.

(g) The maximum bandwidth author-ized in this service in the following fre-quency bands shall not exceed the limitsset forth below:

AuthorizedFrequency bandul bandwidth

(MHz) (MHz)2,100-2,200 ------------ --- 3.53,700-4,200 205,925-6,875 ------------- -30

10,700-11,700 ---------------------- 5013,200-13,250 ---------------------- 2517,700-19,300 ----------------------- 10019,40-19,700 --------------------- 10027,525-31,300 --------------------- 20038,600-40,000 --------------------- 200

*. .* * * *

[.. Doe. 68--6089; Filed, May 21, 1968;8:47 axm.]

[Docket No. 18050; FCC 68-534]

PART 73-RADIO BROADCASTSERVICES

Maximum Power and Antenna Heightfor FM Broadcast Stations in PuertoRico

Report and order. In the matter ofamendment of §73.211(b)(3), of therules concerning maximum power andantenna height for FM Broadcast Sta-tions in Puerto Rico, Docket No. 18050RM-1253.

1. The Commission has before it forconsideration its notice of piroposed rulemaking, FCC 68-230, issued in this pro-ceeding on March 1, 1968, and publishedin the FEDERAL REGISTER on March 6, 1968(33 P.R. 4204), inviting comments on aproposal to amend § 73.211(b) (3) of therules so as to include the Virgin Islandswith Puerto Rico in the exception to thegeneral power-height limitation for ZoneI and IA Class B stations.

Commissioners Hyde, Chalirman; andLoevinger absent; Commissioners Cox 'andJohnson concurring in the result.


7573


2. Section 73.211(b) (3) of the rulesprovides that Class B FM broadcast sta-tions in Puerto Rico, although located inZone IA, may utilize powers of 25 kwwith antenna heights up to 2,000 feetabove average terrain. This rule, which ismore liberal than the power-height com-bination for other Zone I and Zone IAstations, was adlopted, in the fourth re-port and order in Docket No. 14185, onOctober 9, 1964, 29 F.R. 14116, after con-sideration of the comments and datasubmitted by an interested party in thatproceeding. The main reasons for theadoption of the' present rule in PuertoRico were; (a) The special terrain situa-"tion wherein a large mountain rangeruns throughout the Island in its centralportion and (b) the favorable assign-ment situation wherein most of the sepa-rations meet the greater requirementsfor Zone II rather than Zone I. In viewof these special considerations and inorder to encourage use of higher an-tennas with their attendant better serv-ice to the public, we adopted a rule whichpermits -powers of 25 kw and antennaheights up to 2,000 feet with appropriatereductions for heights above 2,000 feet onthe island.

3. On February 8, 1968, Island Tele-radio Service, Inc. (Island), permittee, ofStation WBNB-FM, Channel 250, Char-lotte Amalie, V.I., filed a petition, RM-1253, requesting an amendment of§ 73.211(b) (3) so as to include VirginIslands in the exception to the generalpower-height limitation for-Zone I andIA Class B stations. Island submits thatthe terrain situation in the Virgin Islands

is very similar to that in Puerto Rico inthat mountain ranges also exist in thecentral portions of the islands. As to theassignments in the Virgin Islands (fourClass B channels), it points out thatthere are no cochannel assignments inPuerto Rico and the Virgin Islands andthat all the second and third adjacentchannel assignments meet the Zone IIspacings. As to the first adjacent chan-nel, it states that there is only one suchassignment, Channel 249A recently as-signed to Cayey at a distance of 82 milesfrom WBNB-FM, and that no interfer-ence would be caused or received with aCayey station operating with maximumClass A facilities and WBNB-FM operat-ing with 25 kw at 2,000 feet above averageterrain.

4. Warrenville Broadcasting Co., per-mittee of FM Station WESP, Char-lotte Amalie, V.I., submitted commentsin support of the rule change proposedin this proceeding. We are also of theview that the proposed relaxation of thepower limitations for Class B FM sta-tions in the Virgin Islands as presentlyexist for Puerto Rico would serve thepublic interest. We are therefore adopt-ing, with a minor editorial change, theamendment as proposed.

5. Authority for the adoption of theamendment contained herein is con-tained in sections 4 (i) and (j), 303, and307(b) of the Communications Act of1934, as amended.

6. In view of the foregoing: It isordered, That effective June 25, 1968,§ 73.211(b) (3) is amended to read asfollows:

§ 73.211 Power andantenna height re-quirements.

(b) Maximum 'power and antennaheight. * 9 *

(3) In Puerto Rico and the VirginIslands Class B stations may use an-tenna heights up to 2,000 feet aboveaverage terrain with effective radiatedpowers up to 25 kw. For antenna heightsabove 2,000 feet, the power shall be re-duced so that the station's 1 mv/m con-tour (located pursuant to Figure 1 of§ 73.3.33) will extend no farther from the•station's transmitter than with the facili-ties of 25 kw and antenna height of 2,000feet. For powers above 25 kw (up to50 kw) no antenna heights will be au-thorized which result in greater coverageby the 1 mv/m contour than that ob-tained with the facilities of 25 kw andantenna height of 2,000 feet.

7. It is further ordered, That this pro-ceeding is terminated.(Secs. 4, 303, 307, 48 Stat., as amended, 1066,1082, 1083; 47 U.S.C. 154, 303, 307)



FEDERAL C0anuuu=CATIONSCostSSION,1

[SEAL] ' BEN F. WAPLE,• Secretary.

[F.R. Doe. 68-6090; Filed, May 21, 1968;8:47 a.m.]

%Conmissioners Hyde, Chairman;' andL6evinger, absent.

IFEDERAL REGISTER, VOL.-33, NO. 100-WEDNESDAY, MAY 22, 1968

7574

7575

Proposed Rule Making

POST OFFICE DEPARTMENT[ 39 CFR Part 151 ]

SERVICE IN POST OFFICES

Nonavailability of Boxes of Adequate-Size

Notice is hereby given of proposed rulemaking consisting of a revision of § 151.3(c) (4) of Title 39, Code of Federal Regu-lations. The revision would provide forthe assignment of a smaller box whenthere is no box available which is largeenough to accommodate the average dailymail of a patron. In such cases, if thevolume warrants, a bag or other con-tainer may be used in lieu of the box.

NoTE: The correspondinge Postal Manualsection is 151.334.

(5 U.S.Co 301, 39 U.S.C. 501)

TIMoTHY J. MAY,General Counsel.

MAY 16, 1968.[F.R. Doe. 68-6086; Filed, May 21, 1968;

8:47 am.]

DEPARTMENT OF THE INTERIOR.Bureau of Land Management

[43 CFR Part 3000 ]

MINERALS MANAGEMENT

Testing Permits

The xee tor tls service would be equiv- Basis and purpose. Notice is herebyalent to the rental rate for a box large given that pursuant to the authorityenough to accommodate the daily mail vested in the Secretary of the Interiorvolume. In addition, it is proposed that by section 2478 of the Revised Statuteswhen no boxes of any size are available, (43 U.S.C. 1201) it is proposed to add apatrons receiving a substantial quantity new subpart as set forth below. The pur-of mail would be provided firm holdout pose of this subpart is to establish criteriaservice or firm call service whereby an for authorizing the issuance of permits toauthorized firm employee may pick up prospective bidders to test mineral de-the mail at the post office in lieu of deposits being offered for competitive bid-livery service. . ding. Such testing will enable prospective

Interested persons who may wish to bidders to evaluate a mineral deposit forsubmit written data, views, and argu- bidding purposes, under conditions thatments concerning the proposals may sub- will protect the public interest in themit such comments to the Director, lands and in the mineral deposits. It willClassification and Special Services Di- facilitate and stimulate competition forvision, Bureau of Operations, Post Office mineral resources, and permit more in-Department, Washington, D.C. 20260 at formed bidding.any time prior to the 30th day following It is the policy of the Department ofthe date of publication of this notice in the Interior, whenever practicable, tothe FEDERAL REGISTER. afford the public an opportunity to par-

Accordingly, it is proposed that para- ticipate in the rule making process. Ac-graph (c) (4) of § 151.3 read as follows: cordingly, interested persons may submit

written comments, suggestions, or objec-§ 151.3 Post offices boxes. tions with respect to the proposed

. . . . . amendments to the Bureau of -LandManagement, Washington, D.C. 20240,(c) Rental rates. ***within 30 days of the date-of publication

(4) When boxes of adequate size are of this notice in the FEDERAL REGISTER.not available. When a box large enough A new subpart is added to Chapter IIto accommodate the daily average mail of of Title 43 of the Code of Federal Regu-a patron is not available, a smaller avail- lations, to read as follows:able box may be assigned. In such cases,if the volume warrants, a bag or other Subpart 3002-Testing Permits Priorcontainer may be used in lieu of placing to Competitive Biddingthe mail in the box. The fee for this serv-ice will be equivalent to the rental that § 3002.0-1 Purpose.would be collected for the size box This subpart establishes criteria fornecessary to accommodate the average authorizing the issuance of permits todaily mail volume. If the average daily prospective bidders to test mineral de-mail volume exceeds the capacity of the posits being offered for competitivelargest box in the installation, the rental leasing.fee for the largest box will be collected.When there are no boxes of any size § 3002.0-2 Objective.

available, qualifying patrons (firms The objective of this subpart is to facil-regularly receiving 50 or more letters itate competition for mineral resourceson the first delivery trip), may be pro- and to permit more informed bidding byvided firm holdout service or fr call allowing prospective. bidders to secureservice, until a box can be assigned, sufficient information prior to bidding to

evaluate a mineral deposit for bidding

purposes, under terms and conditionsthat will protect the public interest inthe land and in the mineral deposits.

§ 3002.0-3 [Reserved]

§ 3002.0-4 Responsibilities.

(a) The authorized officer of the Bu-reau of Land Management will issue per-mits, will establish terms and conditionswhich will assure protectionand rehabil-itation of nonmineral resources that maybe affected by testing, will determinecompliance with these terms and condi-tions, and will authorize cancellation ofbonds. If the lands are under the juris-diction of another Federal agency, thatagency will advise the authorized officerof the Bureau of Land Management ofthe terms and conditions to be includedin the permit.

(b) The authorized officer of theGeological Survey will establish termsand conditions of testing and post-testing operations, will examine andapprove testing plans, supervise testing,and determine when testing require-ments have been met.

§ 3002.0-5 Definitions.

"Mineral deposits" refers to any fed-erally-owned mineral deposits whichare subject to disposition by competi-tive leasing, except oil, gas, and oilshale, and those held in trust for In-.dians. However, the term does includenative asphalt, solid and semisolid bitu-men and bituminous-rock (including oilimpregnated rock or sands from whichoil is recoverable only by special treat-ment after the deposit is mined orquarried). This term does not includedeposits subject to leasing under theOuter Continental Shelf Lands Act (67Stat. 462, 43 U.S.C. 1331-1342).

§ 3002.1 App'lication for permits.

(a) Any person qualified to bid forthe minerals which will be offered for

Ncompetitive leasing may apply for atesting permit.

(b) No specified form of applicationis required.

(c) Each application shall identifythe deposit, and, by legal description ormetes and bounds, the tract to betested.

(d) Each application shall be filed inthe proper land office for the land onwhich testing is to be conducted, to-gether with a nonrefundable $10 filingfee, within 30 days after first publica-tion of notice of lease sale.

§ 3002.2 Permits.

(a) The issuance of permits underthis subpart is discretionary with theauthorized officer of the Bureau of LandManagement.

No. 100-4FEDERAL REGISTER, VOL. 33, NO. 100-WEDNESDAY, MAY 22, 1968

PROPOSED RULE MAKING

(b) Permits may be issued for anyperiod up to 6 months.

(c) Permits may be cancelled by theauthorized officer, Bureau of LandManagement, for noncompliance withthe terms thereof.

(d) Each permit shall contain suchstipulations, terms, and .conditions forthe protection and rehabilitation of theland as the authorized officer of the Bu-reau of Land Management shall deter-mine are necessary, and shall incorpo-rate by reference a plan and scheduleof testing approved by the authorizedofficer of thie Geological Survey.

(e) Each permit shall require 'thatdata derived by testing, be submitted tothe Geological Survey within 15 daysafter the termination of the permit, forthe use of the United States. All data,except that submitted by the lessees ofthe deposit, if any, will be made avail-able to the public by the GeologicalSurvey after the deposit is leased or theoffer to lease such deposit is otherwiseterminated.

(f) The issuance of a permit con-veys no right except the right to testin accordance with the prescribed termsand conditions.

§ 3002.3 Bonds.(a) A performance bond in the

amount of not less than $5,000 shall bespecified. by the authorized officer ofthe Bureau of Land Management andbe furnished by the applicant before apermit is issued. State or nationwidebonds or a rider to existing State ornationwide bonds are acceptable.-(b) Upon completion of testing incompliance with all the terms and coni-ditions of the permit, to the satisfactionof the authorized officers, Bureau of LandManagement and Geological Survey, theauthorized officer, Bureau of Land Man-agement, will give his consent to the can--cellation of the bond, if an individual

.bond was submitted, or to the termina-tion of the period of liability, if a Stateor nationwide bond was submitted.Where the surface of the tested land isin private ownership or is under theadministration of another Federal agen-cy, the authorized officer shall not con-sent to such cancellation, however, untilhe has received written acknowledg-ment from the surface owner or adminis-trator of his satisfaction with therehabilitation of the surface. In the eventof inability to reach agreement, the au-thorized officer of the Bureau of LandManagement has the final determina-tion of the question of satisfactory per-formance. In such case he shall give hisconsent to cancellation of the bond uponmaking a determination that the termsand conditions of the permit have beenmet.

HAa R. ANDERSON,Assistant Secretary of the Interior.

MAY 16, 1968.[F._R. Doc. 68-6050; P'iled, May 26, 1968;

8:46 an.]

DEPARTMENT, OF AGRICULTURE-Consumer and Marketing Service-'

[7 CFR Part 1064 ][Docket No. AO-23-A35]

MILK IN GREATER KANSAS CITYMARKETING AREA

Decision on Proposed Amendmentsto Tentative Marketing Agreementand to Order

Pursuant to the provisions of the Ag-ricultural Marketing AgTeement Act of1937, as amended (7 U.S.C. 601 et seq.),and the applicable rules of practice andprocedure governing the formulation, ofmarketing agreements and marketingorders (7 CPR Part 900), a public hearingwas held at Kansas City, Mo., on April 2,1968, pursuant to notice thereof issuedon March 25, 1968 (33 F.R. 5086).

Upon the basis of the evidence intro-.duced at the hearing and the recordthereof, the Deputy Administrator, Reg-ulatory Programs, on April 26, 1968 (33F.R. 6713; F.R. Doe., 68-5287) filed withthe Hearing Clerk, U.S. Department ofAgriculture, his recommended decisioncontaining notice of the opportunity tofile written exceptions thereto.

The material issues, findings and con-clusions, rulings, and general findings ofthe recommended decision (33 FR. 6713;FR. Doc. 68-5287) are hereby approvedand adopted and are set forth in fullherein:

The material issue on the record of thehearing relates to elimiiation of theClass I price supply-demand adjustment.

FINDINGS Am CoNcLusIoNsThe following findings and conclusions

on the material issue are based on evi-dence presented at the hearing and therecord thereof:

Elimination of the supply-demand ad-fustment. The supply-demand adjust-ment to the Class I price of the GreaterKansas City order should be eliminated.

The Kansas City order presently con-tains a supply-demand provision whichadjusts the Class i price each monthaccording to the relationship of totalproducer receipts to the quantity of suchreceipts used in Class I milk. This pro-vision has been suspended for the periodDecember 1967 through May 1968.

Producer cooperative associationswhich supply over 90 percent of the milkto the market proposed elimination ofthe adjustment. They stated that it pres-ently is ineffective in modifying producerreturns and if it were reinstituted itwould yield Class I prices which wouldbe low relative to prices in surroundingmarkets. There was no testimony inopposition to this proposal.

The supply-demand adjustors havebeen eliminated recently in the nearbyOzarks, St. Louis, Oklahoma Metro-politan, and Wichita Federal orders.They have also been deleted from severalother orders. Some of the remaining Fed-eral orders located in the same general

region as Kansas City have not hadsupply-demand adjustors in the past.BaIidlers regulated under the KansasCity brder compete with handlers regu-lated under these other orders for Class Isales and for producer milk. Thus, a sup-ply-demAid adjustment in the KansasCity market could cause its Class I pricesto be inappropriately high or low relativeto Class I prices in nearby order markets.

Handlers regulated under the DesMoines, North Central Iowa, Nebraska-Western Iowa, Ozarks, and Wichita'Fed-eral orders distribute about 30,000 poundsof milk daily in the Kansas City market-ing area. Kansas City handlers, on theother hand, distribute approximately150,000 pounds of milk daily in the DesMoines, Nebraska-Western Iowa, NeoshoValley, Oklahoma Metropolitan, Ozarksand Wichita marketing areas. None ofthese competing order markets have asupply-demand adjustor which cur-rently operates to vary the Class I pricefrom month to month. Thus, continuingthe supply-demand adjustment in theKansas City order could cause the KansasCity Class I price to be out of line withprices in these competing markets.

The supply-demand adjustment does-not currently perform its intended func-tion of signaling through a price changeany imbalance of supply and sales. Thisis because present order prices are notthe effective prices in the market. Pricespaid by Kansas City handlers for Class Imilk now exceed order Class I prices by50 cents per hundiedweight The 50-centpremium over the order price has beenpaid by handlers since September 16,1967.

In order-for a supply-demand adjustorto operate in an appropriate or beneft-cial way in this market, it must have asignificant influence on the effectiveClass I price level. If the premium situa-tion were to exist for a considerablelength of time,-,the premium price wouldbe the one which influences the supply-sales balance rather than the supply-demand adjustor price. Where premiumsare effective the supply-demand adjustoris not only rendered inconsequential butit usually results in order prices belowthose which it.would provide if it wereeffective.

For example, the 50-cent premiuminstituted in this market may attract anincrease in supply relative to sales. Thiswould call for a minus supply-demandadjustor which could be as much as 45cents. But when the minus 45 cents isapplied to the minimum order price, suchprice may be too low to maintain anadequate supply.

Since the supply-demand adjustor inthis order is not performing its intendedpurpose, it should be eliminated.,

RULINGS ON PROPOSED FINDINGS ANDCONCLUSIONS

No briefs were filed.GENERAL FINDINGS

The findings and determinations here-inafter set forth are supplementary andin addition to the findings and determi-


7576


nations previously made in connectionwith the issuance of the aforesaid orderand of the previously issued amendmentsthereto; and all of said previous findingsand determinations are hereby ratified,and affirmed, except insofar as suchfindings and determinations may be inconflict with the findings and determina-tions set forth herein.

(a) The tentative marketing agree-ment and the order, as hereby proposedto be amended, and all of the terms andconditions thereof, will tend to effectuatethe declared policy of the Act;

(b) The parity prices of milk as de-termined pursuant to section 2 of theAct are not reasonable in view of theprice of feeds, available supplies of feeds,and other economic conditions which af-fect market supply and demand for milkin the marketing area, and the minimumprices specified in the proposed market-ing agreement and the order, as herebyproposed to be amended, are such pricesas will reflect the aforesaid factors, in-sure a sufficient quantity of pure andwholesome milk, and be in the publicinterest; and

(c) The tentative marketing agree-ment and the order, as hereby proposedto be amended, will regulate the handlingof milk in the same manner as, and willbe applicable only to persons in the re-spective classes of industrial and com-mercial activity specified in, a marketingagreement upon which a hearing has,been held.

RULINGS ON ExcEPTIONS

No exceptions were filed.

MARKETING AGREEMENT AND ORDER

Annexed hereto and made a parthereof are two documents entitled re-spectively, "Marketing Agreement Reg-ulating the Handling of Milk in theGreater Kansas City Marketing Area",and "Order Amending the Order Regu-lating the Handling of Milk in theGreater Kansas City Marketing Area",which have been decided upon as thedetailed and appropriate means of ef-fectuating the foregoing conclusions.

It is hereby ordered, That all of thisdecision, except the attached marketingagreement, be published in the FEDERALREGISTER. The regulatory provisions ofsaid marketing agreement are identicalwith those contained in the order ashereby proposed to be amended by theattached order which will be publishedwith this decision.

DETERMINATION OF REPRESENTATIVEPERIOD

The month of March 1968 is herebydetermined to be the representativeperiod for the purpose of a~certainingwhether the issuance of the order setforth below, as amended' and as herebyproposed to be amended, regulating thehandling of milk in the Greater KansasCity marketing area, is approved orfavored by producers, as defined underthe terms of the order, as amended and ashereby proposed to be amended, and who,during such representative period, were

engaged in the production of milk forsale within the aforesaid marketing area.

Signed at Washington, D.C., on May16, 1968.

GEORGE L. MEHREN,, Assistant Secretary.

Order" Amending the Order Regulatingthe Handling of Milk in the GreaterKansas City Marketing Area

§ 1064.0 Findings and determinations.

The findings and determinations here-inafter set forth are supplementary andin addition to the findings and deter-minations previously made in connectionwith the issuance of the aforesaidl orderand of the previously issued amendmentsthereto; and all of said previous findingsand determinations are hereby ratifiedand affirmed, except insofar as such find-ings and determinations may be in con-flict with the findings and determinationsset forth herein.

(a) Findings upon the basis of thehearing record. Pursuant to the provi-sions of the Agricultural MarketingAgreement Act of 1937, as amended (7U.S.C. 601 et seq.), and the applicablerules of practice and procedure govern-ing the formulation of marketing agree-ments and marketing orders (7 CFRPart 900), a public hearing was held uponcertain proposed amendments to the ten-tative marketing agreement and to theorder regulating the handling of milk inthe Greater Kansas City marketing area.Upon the basis of the evidence intro-duced at such hearing and the recordthereof, it is found that:

(1) The said order as hereby amended,and all of the terms and conditionsthereof, will tend to effectuate the de-clared policy of the Act;

(2) The parity prices of milk, as de-termined pursuant to section 2 of theAct, are not reasonable in view of theprice of feeds, available supplies of feeds,and other economic conditions which af-fect market supply and demand for milkin the said marketing area, and the min-imum prices specified in the order ashereby amended, are such prices as willreflect the aforesaid factors, insure a suf-ficient quantity of pure and wholesomemilk, and be in the public interest; and

(3) The said order as hereby amended,regulates the handling of milk in thesame manner as, and is applicable onlyto persons in the respective classes of in-dustrial orcommercial activity specifiedin, a marketing agreement upon which ahearing has been held.

Order relative to handling. It is there-fore ordered, that on and after the effec-tive date hereof, the handling of milk inthe Greater Kansas City marketing areashall be in conformity to and in compli-ance with the terms and conditions of theaforesaid order, as amended and as here-by amended, as follows:

1 'This order shall not become effective un-less and until the requirements of § 900.14of the rules of practice and procedure gov-erning proceedings to formulate marketingagreements and marketing orders have beenmet.

The provisions of the proposed mar-keting agreement and order amendingthe order contained in the recommendeddecision issued by the Deputy Adminis-trator, Regulatory Programs, on April26, 1968, and published in the FEDERALREGISTER on May 2, 1968 (33 F.R. 6713;F.R. De. 68-5287), shall be and are theterms and provisions of this order, andare set forth in full herein: Section1064.51(a) is revised to read as follows:

§ 1064.51 Class prices.

(a) Class I milk. The Class I priceshall be the-basic formula price for thepreceding month plus $1.30 and plus 20cents through April 1969;

* * * * *

[-P.R. Doe. 68-6073; Filed, May 21, 1968;8:46 am.]

DEPARTMENT OF COMMERCEOffice of Foreign Direct Investments

['15 CFR Part 1000 ]

FOREIGN DIRECT INVESTMENTREGULATIONS

Notice of Proposed Rule Making

Introduction. Notice is hereby giventhat the Office of Foreign Direct Invest-ments proposes to promulgate variousamendments to the Foreign Direct In-vestment Regulations (the "regulations")(15 CFR Part 1000).

Proposed § 1000.203 of the regulationswill replace current § 1000.203 (LiquidForeign Balances). The proposals re-specting §§ 1000.201 (Prohibited DirectInvestment in Affiliated Foreign Nation-als), 1000.312(a) (7) (Transfers of Capi-tal), 1000.313(d) (1) (Net Transfer ofCapital), 1000.324 (Long-Term ForeignBorrowing), 1000.503 (Positive Direct In-vestment Not Exceeding $100,000) and1000.505 (a) (Transfers Between AffiliatedForeign Nationals) supersede the pro-posals respecting such provisions whichwere published in the FEDERAL REGISTERon April 30, 1968, while proposed SubpartK supersedes proposed General Authori-zation No. 4 published in the FEDERALREGISTER on March 12, 1968. Accordingly,all of such -prior proposals are herebywithdrawn.

The principal revisions are as follows:(1) Proposed § 1000.203 requires that,

as of June 30; 1968, and as of the end ofevery month thereafter, the liquid for-eign balances held by a direct investor bemaintained at a level not in excess of theaverage end-of-month amounts of thesame so held by the direct investor dur-ing 1965 and 1966. The section, as re-drafted, defines the term "foreign bal-ances" to include foreign bank deposits(including certificates of deposit andfixed interest deposits), negotiable in-struments and commercial paper of un-affiliated foreign nationals (other thannegotiable instruments or commercialpaper arising from the export by the di-rect investor of goods or services from


7577


the United States to foreign nationals),and securities issued or guaranteed by aforeign country. The term "liquid foreignbalances" is defined as foreign balancesother than (a) negotiable instruments,commercial paper and securities whichare not redeemable at the option of thedirect investor and are not transferable'and readily marketable; (b) bank de-posits, negotiable instruments and com-mercial paper which have a period ofmore than 1 year remaining to maturitywhen acquired by the direct investor andwhich are not redeemable in full at theoption of the direct investor within a pe-riod of 1 year after such acquisition; and(c) foreign balances which are subject torestrictions of a foreign country onliquidation and transfer. The proposedsection also contains a definition of "di-rect investment liquid foreign balances"as liquid foreign balances representingthe proceeds of foreign borrowings heldby a direct investor in anticipation ofmaking transfers of capital to affiliatedforeign nationals. Direct investmentliquid foreign balances are excluded incalculating the average end-of-monthamounts of liquid foreign balances heldduring 1965 and 1966; they are included,however, in calculating the amount ofliquid foreign balances held as of the endof any month commencing June 30, 1968,unless, among other things, the direct in-vestor (prior to June 30, 1968, or the firstdate it holds direct investment liquid for-eign balances, whichever is later) certi-fies to the Secretary that it will not maketransfers of capital to affiliated foreignnationals (in the form of transfers ofcash, negotiable instruments, commercialpaper, certificates of deposit or securi-ties) other than by utilizing the directinvestment liquid foreign balances whichit then holds.

(2) Proposed § 1000.324 defines "long-term foreign borrowings" by a direct in-vestor, incorporating in the definition the12-month maturity provision now in-cluded in current § 1000.504(b) (1) andpreviously published proposed § 1000.313(d) (1). Proposed § 1000.324 makes clearthat the refinancing of a foreign borrow-ing (by virtue of the renewal, extensionor continuance thereof or the applicationof the proceeds of a subsequent foreignborrowing) does not constitute a repay-ment of the initial borrowing, and fur-ther provides that the issuance of equitysecurities by 'a direct investor upon theconversion of a debt instrument issuedby the direct investor is deemed to be re-payment of the borrowing in an amountequal to the principal amount of debtconverted. Proposed § 1000.324 also de-fines the term "proceeds of a long-termforeign borrowing" to include the originalproceeds paid to the direct investor plusall amounts subsequently paid to thedirect investor which effectively repre-sent a return of such original proceeds;in calculating the amount of proceedswhich are available at any time to be ex-pended in making transfers of capital,the direct investor should deduct theamount of the borrowing previously re-paid and the amount of such proceeds

previously expended in making transfers " (5) Proposed Subpart K conforms theof capital, language of what is now proposed Gen-

Example 1. In January 1968, a direct In- eral Authorization No. 4 (published investor borrows $1 million from a foreign bank the FEDERAL REGISTER on Mar. 12, 1968)pursuant to a 5-year term loan agreement to the language employed in the pro-and immediately lends $8500,000 to an posed amendments to the regulationsaffiliated foreign national. The affiliated for- published in the FEDERAL REGISTER oneign national repays 100,000 to the direct April 30, 1968. The proposed subpartinvestor on October 31, 1968, and the direct authorizes positive direct investment Ininvestor repays $250,000 of the long-termforeign borrowing to the foreign bank on Canada during any year without limita-December 31, 1968. In this situation, the tion as to amount. In addition, it (a)direct investor has $600,000 of long-term excludes direct investment in Canadaforeign borrowing proceeds available on No- from a direct investor's calculation ofvember 1, 1968, to be expended in making direct investment in Schedule B qoun-transfers of capital, and $350,000 so avail- tries for the years 1965 and 1966 and forable on January 1, 1969. any period after the effective date of. the

(3) Section 1000.503 has been re- regulations; (b) excludes from the termdrafted to make clear that the section "long-term foreign borrowings" all bor-does not authorize positive direct invest- rowings by a direct investor after Marchment by a direct investor during any-year 31, 1968, from Canadian residents orof more than $100,000 in any one Sched- from corporations or other entities or-uled Area or of more than $100,000 in ganized under the laws of Canada or anythe aggregate in all Scheduled Areas..It political subdivision thereof; and (c)also provides that, if the incorporated excludes "Canadian foreign balances"affiliated foreign nationals of a direct in- (as defined in proposed § 1000.1105(b).vestor in Schedule C have total losses dur- (1)) from a direct investor's calculationing any year or if the direct investor has of its holdings of foreign balances duringa negative net transfer of capital to 1965 and 1966 and after the effective dateSchedule C during any year, such losses of the regulations.or negative net transfer of capital shall Example 6. Direct investor (D) has a whollynot be taken into account in calculating owned subsidiary in Canada (X), while Xpositive direct investment in Schedule C itself has wholly owned subsidiaries in Brazilfor such year under 1000.503. (Y) and the United Kingdom (Z). The fol-

Example 2. During 1968, direct investor has lowing occurs during 1968: D makes a $1,000positive direct investment of $500,000 In capital contribution and $2,500 loan to X;pchedueAositriesnegative direct investm t oD repays a loan of $200 to Z and Z repays aSchedule A countries, negative direct invest-lonf$00tY;K aks1,0cpilloan of $500 to Y; X makes $1,00D capitalment of $300,000 in Schedule B countries, and contributions to each of Y and Z. In thisnegative direct investment of $100,000 inSchedule C countries. Section 1000.503 is in- situation, the net positive transfer of capitalSppichdle Cn coutis s tion a00nd the ene to Non-Canadian Schedule B affiliates is $700applicable in this situation and the entire (consisting of D's $200 repayment to Z and

$500,000 positive direct investment in X's $1,000 capital contribution to Z less Z'aSchedule A is prohibited by § 1000.201 unless Xs. $100 cia l conribtio.. . ...ssZanother eneral authorization is available $500 repayment to Y), and the net positiveanoth gpenel authorization s av'taiable transfer to Canadian affiliates (all of which is

ad authorized by proposed section 1000.1102) isExample 3. During 1968, direct investor $1 50 (consisting of D's $1,00 capitl con

has positive direct investment of $80,000 in trbu (ion an $2,0oan t less' .... $100Scehdule A countries and positive direct in- aiut on an ribu loan to X les X s a 1,000vestment of $60,000 in Scehdule B countries. capital contributions to each of Y and Z.Section 1000.503 is inapplicable in ts st Example 7. Direct investor (D) has whollySetion 10e.dle of the ampialof positive or owned subsidiaries in Canada (W) and the-tion, regarless o tamount Sitive C United Kingdom (X). W has a wholly ownednegative direct investment in Schedule 0o subsidiary in Australia (Y) and X has acountries during 1968. The entire 80,000 of wholly owned subsidiary in Canada '(Z). Thepositive direct investment in Schedule A following occurs during 1968: K earns $200(as well as the entire $60,000 of positive direct and pays a dividend of $100 to X; X earnsinvestment in Schedule B) is prohibited byF 1000.201 unless another general authoriza- $500 (including the dividend from Z) andtion is available or a specific authorization pays a dividend of $300 to D; Y earns $100has been obtained. and pays a/dividend of $50 to W; W earns

$200 (including the dividend from Y) andExample 4. During 1968, direct investor's pays a dividend of $100 to D. In this situa-

'incorporated affllated foreign nationals in tion, D's share in the total reinvested earn-Schedule C have a total loss of $300,000 and' ings of Non-Canadian Schedule B affiliatesdirect investor makes a positive net transfer (X and Y) is $250, computed as follows:of capital of $400,000 to Schedule C. Thepositive net transfer of capital is not author- Earnings of X and Y ($600) less divi-ized by § 1000.503. dend piid by Z to X ($100) -------- $500

Example 5. During 1968, direct investor's Less dividends paid by X and Y ($350share of reinvested earnings of incorporated, less $100 dividend paid by Z to X) -250affiliated foreign nationals in Schedule Camounts to $200,000 and direct investor D's share in total reinvested earningsmakes a negative net transfer of capital of ' of X andY ----------------------- 250$100,000 to Schedule C countries. The rein- D's share in. the total reinvested earnings ofvested earnings of $200,000 are not author- Canadian affiliates is $200, all of which isized by § 1000.503. authorized by proposed § 1000.1102.

(4) Paragraph (a) of proposed § 1000.- Interested persons are invited to sub-505 has been corrected to make clearthat mit written comments, suggestions, or.transfers between affiliated foreign na- objections concerning the proposedtionals of a direct investor are deemed to amendments to the Chief Counsel, Legalinvolve transfers by and to the direct Division, Office of Foreign Direct In-investor if the direct investor has more vestments, Department of Commerce,than a 50 percent ownership interest in Washington, D.C. 20230. Such communi-either the transferor or transferee affill- cations concerning the proposed amend-ated foreign national. ments will be considered if received


7578


within 10 days after publication of thisnotice in the FEDERAL REGISTER. Subse-quent to such time, the proposed amend-ments, if adopted, will be published in theFEDERAL REGISTER in final form either asproposed or as they may be changed inthe light of comments received.

The texts of the proposed revisions areas follows:

1. The following § 1000.201 supersedesproposed § 1000.201 as published in theFEDERAL REGISTER of April 30, 1968:§ 1000.201 Prohibited direct investment

in affiliated foreign nationals.

(a) Except as provided in §§ 1000.503and 1000.504, and as otherwise permittedby the Secretary of Commerce (herein-after referred to as the Secretary) bymeans of rulings, instructions, authori-zations, waivers, exemptions or other-wise, all of the following are prohibitedduring any year (as defined in § 1000.-321) commencing with the effectivedate:

(1) Positive direct investment (as de-fined in § 1000.306(a)) by a direct in-vestor in affiliated foreign nationals ofsuch direct investor in Schedule A or Bcountries;

(2) A positive net transfer of capital(as defined in § 1000.313(c)) by a directinvestor to. affiliated foreign nationals of

'such direct investor in Schedule C coun-tries; and

(3) Reinvestment by a direct investorof any portion of its share in the totalearnings of incorporated affiliated for-eign nationals of such direct investor inSchedule C countries (calculated in ac-cordance with § 1000.306(b)).

(b) All transactions prohibited by sec-tion 1 of Executive Order 11387 whichare not prohibited by this part arehereby authorized.(c) To the extent delineated from

time to time by the Board of Governorsof the Federal Reserve System nothing inthis part shall apply to any bank or otherfinancial institution certified by theBoard as being subject to the FederalReserve Foreign Credit Restraint Pro-gram, or to any program instituted bythe Board under section 2 of ExecutiveOrder 11387.

(d) In addition to all other powersreserved to the Secretary in this part, theSecretary may, in his discretion, withrespect to any direct investor, amend orrevoke the authorizations set forth in§§ 1000.503 and 1000.504 by reducing theamount of positive direct investment,positive net transfers of capital and/orreinvestment of earnings authorized dur-ing a calendar year, by amending the ap-plication of such authorizations and§ 1000.201 from "during any year" toperiods shorter than a year, and byotherwise imposing conditions with re-spect to such authorizations as the Sec-retary shall deem appropriate to carryout the purposes of this part. In exer-cising his discretion with respect to anydirect investor, the Secretary shall con-sider, among other factors, the follov-ing:

(1) Whether the positive direct in-vestment, positive net transfers of capi-

tal and/or reinvestment of earnings ofsuch direct investor during any calendarquarter is, or may reasonably be esti-mated to be, materially in excess of 25percent of the amount thereof generallyauthorized to such direct investor duringthe calendar year;

(2) Whether the transactions result-ing in such excess during such quarterare in accordance with customary busi-ness practices of the direct investor; and

(3) Whether the direct investor hascomplied with the provisions of SubpartF of this part.

2. Section 1000.203 is amended to readas follows:§ 1000.203 Liquid foreign balances.

(a) For purposes of this section:(1) The term "foreign balances"

means money on deposit in a bank in aforeign country (including certificates ofdeposit and fixed interest deposits ofsuch a bank), negotiable instrumentsand commercial paper of an unaffiliatedforeign national (other than negotiableinstruments or commercial paper arisingfrom the export by the direct investor ofgoods or services from the United Statesto foreign nationals) and securities is-sued or guaranteed by a foreign country;

(2) The term "liquid foreign bal-ances" means foreign balances (as de-fined in subparagraph (1) of this para-graph) other than (i) negotiableinstruments, commercial paper, and se-curities which are not redeemable at theoption of the direct investor and are nottransferable and readily marketable;(ii) bank deposits, negotiable instru-ments and commercial paper with aperiod of more than 1 year remaining tomatfirity when acquired by the direct in-vestor and which are not redeemable infull at the option of the direct investorwithin a period of 1 year after suchacquisition; and, (ii) foreign balanceswhich are subject to restrictions of aforeign country on liquidation and trans-fer; and

(3) The term "direct investment liquidforeign balances" means liquid foreignbalances (as defined in subparagraph (2)of this paragraph) which represent theproceeds of long-term foreign borrowingsmade by a direct investor (as defined in§ 1000.324) and which are held by the di-rect investor in anticipation of makingtransfers of capital to affiliated foreignnations of the direct investor.

(4) Foreign balances shall be deemedto be held by a direct investor if title tosuch balances is held (i) by any person(including an affiliated foreign nationalof the direct investor) principally formedor availed of for the purpose of holdingtitle to such balances; or (ii) by any per-son (including an affiliated foreign na-tional of the direct investor), if suchbalances are returnable to the direct in-vestor on its demand without materialconditions and if the holding of such bal-ances is unrelated to the business needsof such person; and

(5) Negotiable instruments, commer-cial paper and securities constituting for-eign balances shall be valued at theirrespective fair market values or, if evi-dence of fair market value is not readily

available, at the cost to the directinvestor.

(b) (1) Except as provided in para-graph (c) of this section and as otherwiseprovided by the Secretary by meansof rulings, instructions, authorizations,waivers or otherwise, each direct investoris hereby required, on or before June 30,1968, to reduce the amount of liquid for-eign balances held by such direct investorto an amount not in excess of the averageend-of-month amounts of -the same soheld by such direct investor (whether ornot a direct investor at that time) during1965 and 1966; and, thereafter, to limitthe amount of such balances held by thedirect investor at the end of any monthto such reduced amount.

(2) In calculating the average end-of-month amounts of liquid foreign balancesheld by a direct investor during 1965 and1966, all direct investment liquid foreignbalances so held by the direct investorshall be excluded. In calculating theamount of liquid foreign balances heldby a direct investor as of the end of anymonth commencing June 30, 1968, alldirect investment liquid foreign balancesshall be included, unless:

i) The direct investor maintainsbooks and records which" identify sepa-rately all proceeds of foreign borrowingswhich it receives, the amounts thereofheld as foreign balances, liquid foreignbalances and direct investment foreignbalances, the uses to which the remainderof such proceeds have been put, and theincome and profits earned by the directinvestor from the investment and re-investment of such proceeds in affiliatedforeign nationals; and

(ii) The direct investor shall have filedwith the Secretary (on or before June 30,1968, or the first date on which the directinvestor holds direct investment liquidforeign balances, whichever is later) acertificate executed by a duly authorizedrepresentative of the direct investor un-dertaking that the direct investor willnot, at any time when it holds direct in-vestment liquid foreign balances, makeany transfers of capital (in the form oftransfers of cash, certificates of deposit,negotiable instruments, commercial pa-per or other securities) to any affiliatedforeign nationals of the direct investorprior to expending such direct invest-ment liquid foreign balances, or the pro-ceeds thereof, in making transfers ofcapital.

(c) A direct investor shall not be re-quired to comply with the provisions ofparagraph (b) (1) of this section at anytime when the total amount of foreignbalances held by the direct investor doesnot exceed $25,000.

3. The following paragraph (a) (7)supersedes paragraph (a) (7) of § 1000.-312 as published in the FEDERAL REGISTERof April 30, 1968:

§ 1000.312 Transfer of capital.

(a) * * *

(7) A transfer of funds or other prop-erty by the direct investor to any personwheresoever located in complete or par-tial satisfaction of a long-term foreignborrowing made by the direct investor


7579

PROPOSED "ULE MAKING^

before or after the effective d.te, to theextent the proceeds of the borrowing werededucted in calculating net transfers ofcapital under § 1000.313 (d) (1) duringany period (including the years 1965 and1966).

4. The following paragraph (d)(1)supersedes proposed paragraph (d) (1)of § 1000.313 as published in the FEDERALREGISTER of April 30, 1968:§ 1000.313 Net transfer of capital.

(d) * * *(1) There shall be deducted an

amount equal to that portion of the pro-ceeds of long-term foreign borrowingsby the direct investor as is or was ex-pended during such period in makingtransfers of capital to affiliated foreignnationals (including for this purpose anyborrowing made after the date of anysuch transfer of capital but as part ofone transaction or a group of integratedtransactions, provided the borrowingwas made during the same period); and

5. The following § 1000.324 supersedesproposed § 1000.324 as published in theFEDERAL REGISTER of April 30, 1968:§ 1000.324 Long-term foreign borrow-

ing.

(a) "Long-term foreign borrowing"means a borrowing by a direct investorfrom any foreign national (other thanan affiliated foreign national) with anoriginal maturity of at least 12 monthsfrom the original date of the borrowing,including, but not by way of limitation,an extension of credit by any such for-eign national to the direct investor inconnection with the purchase of property(including securities) by the direct in-vestor Irom such foreign national. Forpurposes of this paragraph (a) a bor-rowing shall be deemed to have an or-iginal maturity of at least 12 months if(in the case of borrowings made prior tothe effective date of the regulations) theborrowing was (or is) not in fact repaidwithin 12 months from the original dateof borrowing or (in the case of borrowingmade after the effective date of the regu-lations) there exist provisions for re-newal, extension or continuance of theborrowing for a total term of at least12 months and not the direct investorcertifies that it reasonably expects thatthe borrowing will not in fact be repaidin less than 12 months from its originaldate.

(b) (1) The refinancing in whole orin part of a long-term foreign borrow-ing (by virtue of the renewal extensionof continuance thereof or a subsequentlong-term foreign borrowing from thesame or another lender) shall not, to thatextent, be deemed a repayment of theborrowing.

(2) The delivery of equity securitiesof a direct investor to holders of debtinstruments issued by the direct in-vestor in connection with a long-termforeign borrowing, pursuant to the ex-ercise of conversion or similar rights,shall be deemed a repayment of the

'borrowing to the extent of the'principalamount of indebtedness surrendered by'such holders in exchange for suchequity securities.

(c) "Proceeds of a long-term foreignborrowing" means (1) the proceedsthereof originally paid to the direct in-vestor (or, in the case of an under-written issue of debt instruments, theprice paid by the first purchasers there-of, other than underwriters or dealers)plus (2) all amounts (other thanamounts representing income or profitsearned from investments or reinvest-ments of such proceeds) subsequentlypaid to the direct investor by foreignnationals (including affiliated foreignnationals) which effectively representa return to the direct investor of pro-ceeds invested or reinvested in affili-ated foreign nationals: Provided, Thata return of such amounts to the directinvestor shall not be deemed a transferof capital to the direct investor by affil-iated foreign nationals of the direct in-vestor under § 1000.312(b).

(d) In calculating the amount ofproceeds of a long-term foreign bor-rowing which are available to a directinvestor to be expended in makingtransfers of capital to affiliated foreignnationals at any time, there shall bededucted (1) the principal amount ofthe borrowing theretofore repaid by thedirect investor and (2) the amount ofsuch proceeds of the borrowing there-tofore expended by the direct investorin making transfers of capital to affil-iated foreign nationals.

6. The following § 1000.503 super-sedes proposed § 1000.503 as publishedin the FEDERAL REGISTER of April 30,1968:§ 1000.503 Positive direct investment

not exceeding $100,000.A direct Investor is authorized, dur-

ing any year, to make positive directinvestment in Scheduled Areas A, Band C not amounting to more than$100,000 in any one Scheduled Area orto more than $100,000 in the aggregatein all such Scheduled Areas: Provided,That, if the incorporated affiliated for-eign natibnals of a direct investor inSchedule C countries have total lossesduring any year, or if the direct in-vestor makes a negative net transfer ofcapital to affiliated foreign nationals inSchedule C countries during any year,such total losses or negative net trans-fer of capital shall not be taken intoaccount in calculating positive directinvestment in Schedule C countriesduring such year for purposes of thissection: And further provided, That, ifpositive direct investment during anyyear in any Scheduled Area amountsto more than $100,000 or if positive di-rect investment during any year in allScheduled Areas amounts in the ag-gregate to more than $100,000, no partof such positive direct investment shallbe authorized by this section.

7. The following paragraph (a) super-sedes proposed paragraph (a) of§ 1000.505 as published' in the FEDERALREGISTER of April 30, 1968:

§'1000.505 ' Transfers 'between affiliate&foreign nationals.

(a), For purposes of this part, anytrapsfer of funds .or other propertymade by an affiliated foreign nationalof a direct investor in any ScheduledArea to another affiliated foreign- na-tional of such direct investor n a dif-ferent Scheduled Area shall be treatedas a transfer of such funds or otherproperty by the transferor affiliatedforeign national to the direct investorand as a further transfer of such fundsor other property by the direct investorto the transferee affiliated foreign na-tional if, as to either the transferor ortransferee affiliated foreign national, thedirect investor" owns or acquires (1)securities possessing in excess of 50 per-cent of the aggregate voting power (in-cluding subsidiaries, sub-subsidiariesand all subsidiaries of lower tiers if thesubsidiary in each case is connected toits parent by ownership by the parent ofsecurities of the subsidiary possessingin excess of 50 percent of aggregatevoting power); or (2) the right or powerto receive, control, or otherwise enjoymore than 50 percent of the earnings,receipts, or income on profits; or (3) theright or power to receive, control orotherwise direct the disposition of morethan 50 percent of the assets upon theliquidation, termination, or winding upthereof.

8. The following Subpart K supersedesproposed General Authorization No. 4published in the .FEDERAL REGISTER OfMarch 12, 1968:

Subpart K-Direct Investment inCanada

§ 1000.1101 Definitions.(a) The term "Canadian affiliate" of

a direct investor means an affiliatedforeign national of the direct investorin Canada.

(b) The term "Non-Canadian Sched-ule B affiliate" of a direct investor meansan affiliated foreign national of thedirect investor in a Schedule B countryother than Canada.§ 1000.1102 Authorized positive direct

investment in Canada.Positive direct investment by a direct

investor during any year in Canadianaffiliates of the direct investor is author-ized, without limitation as to -amount.§ 1000.1103 Net transfers of capital to

Schedule B countries.(a) For purposes of determining the

net transfer of capital by a direct in-vestor to all incorporated affiliated for-eign nationals of the direct investor inSchedule B countries during any period(including the years 1965 and 1966)under § 1000.313(a>, there shall be in-cluded only (1) the aggregate of alltransfers of capital made during suchperiod by the direct investor to incor-potated Non-Canadian Schedule B ffil-iates of the direct investor less (2) theaggregate of all transfers of capital madeduring such Period by such incorporated -


7580


Non-Canadian Schedule B affiliates tothe direct investor.

(b) For purposes of determining thenet transfer of capital by a directinvestor to all unincorporated affiliatedforeign nationals of the direct investorin Schedule B countries during, anyperiod (including the years 1965 and1966) under § 1000.313(b), there shall beincluded only the aggregate net increaseor net decrease, during such period, inthe aggregate net assets of unincor-porated Non-Canadian Schedule B affil-iates of the direct investor.

(c) Transfers of funds or other prop-erty between Canadian affiliates of adirect investor and Non-CanadianSchedule B affiliates of the directinvestor shall be subject to the provi-sions of § 1000.505 to the same extent asif such affiliates were in differentScheduled Areas, except that the exemp-tion provided by paragraph (b) of§ 1000.505 shall be inapplicable to suchtransfers.

(d) Nothing contained in this subpartshall affect the applicability of § 1000.505to transfers of funds or other propertybetween Canadian affiliates of a directinvestor and other affiliated foreignnationals of the direct investor inSchedule A or Schedule C countries,except that the exemption provided byparagraph (b) of § 1000.505 shall beinapplicable to such transfers.

§ 1000.1104 Reinvested earnings-Schedule B countries.

(a) For purposes of determining adirect investor's share in the total rein-vested earnings or losses, as the case maybe, of all incorporated affiliated foreignnationals of the direct investor in Sched-ule B countries during any period (in-cluding the years 1965 and 1966) undet§ 1000.306(a) (2), there shall be includedonly the direct investor's share in thetotal reinvested earnings or losses, as theCase may be, of all incorporatecl Non-Canadian Schedule B affiliates of thedirect investor during such period.

(b) In determining the direct inves-tor's share in the total reinvested earn-ings or losses of all incorporated Non-Canadian Schedule B affiliates duringany period pursuant to § 1000.306(b), allincorporated and unincorporated Cana-dian affiliates of the direct investor shallbe deemed to be in a Scheduled Areaother than Schedule B.

§ 1000.1105 Foreign balances.(a) For purposes of § 1000.203, the

term "foreign balances" shall not include(1) money on deposit in a Canadian bank(including fixed interest deposits of aCanadian bank); (2) negotiable instru-ments or commercial paper of individualresidents of Canada or of corporations orother entities organized or existing underthe laws of Canada 6r any political sub-division thereof; or (3) securities issuedor guaranteed by the Government ofCanada or any political subdivisionthereof or by any agency or instru-mentality of the Government of Canadaor any such political subdivision.

(b) As used herein, the term "Cana-dian bank" means any branch or office

within Canada of any of the following:Any bank or trust company incorporatedunder the laws of Canada or any prov-ince thereof, or any private bank orbanks subject to supervision and exami-nation under the banking laws of Canadaor any province thereof. The Secretarymay also designate afhy banking institu-tion as a "Canadian bank" for the pur-poses of any or all sections of this sub-part.

§ 1000.1106 Long-term foreign borrow-ing.

For all purposes of the regulations, aborrowing by a direct investor from anindividual who is a resident of Canadaor from a corporation or other entity or-ganized or existing under the laws ofCanada or any political subdivisionthereof, shall not be deemed a "long-term foreign borrowing": Provided, Thata borrowing involving the public offer-ing, prior to April 1, 1968, of instrumentsof indebtedness of a direct investor shallbe considered a long-term foreign bor-rowing in its entirety if such instrumentswere not sold primarily to residents ofCanada or to corporations or other en-tities organized or existing under thelaws of Canada or any political subdivi-sion thereof.

§ 1000.1107 Canadian program.If a program for governing transfers

of capital to foreign countries or the na-tionals thereof by Canadian affiliates andother Canadian business ventures shallhereafter be instituted by the CanadianGovernment or by any department oragency thereof (which program is con-sisteit with the purposes of the regula-tions) the regulations will be amendedappropriately with respect to transfersof capital to or from Canadian affiliatesof a direct investor certified as subjectto, or participating in, such program bythe Canadian Government or such de-partment or agency.

§ 1000.1108 Effective date.

This subpart shall be effective as ofthe effective date of the regulations.

CHARLES E. FIERO,Director, Office .f

Foreign Direct Investments.

MAY 20, 1968.[F.R. Doc. 68-6134; Filed, May 21, 1968;

8:48 aam.]

DEPARTMENT OFTRANSPORTATION

Federal Aviation Administration

[14 CFR Part 71 ]JAirspace Docket No. 68-CE-40]

CONTROL ZONE AND TRANSITIONAREA

Proposed Alteration

The Federal Aviation Administrationis considering amending Part 71 of theFederal Aviation Regulations so as to

alter the control zone and transition areaat Devils Lake, N. Dak.

Interested persons may participate inthe proposed rule making by submittingsuch written data, views, or argumentsas they may desire. Communicationsshould be submitted in triplicate to theDirector, Central Region, Attention:Chief, Air Traffic Division, Federal Avia-tion Administration, Federal Building,601 East 12th Street, Kansas City, Mo.64106. All communications received with-in 45 days after publication of this noticein the FEDERAL REGISTER will be consid-ered before action is taken on the pro-posed amendments. No public hearing iscontemplated at this time, but arrange-ments for informal conferences withFederal Aviation Administration officialsmay be made by contacting the RegionalAir Traffic Division Chief.

Any data, views, or arguments pre-seited during such conferences must alsobe submitted in writing in accordancewith this notice in order to become partof the record for consideration. The pro-posals contained in this notice may bechanged in the light of commentsreceived.

A public docket will be available forexamination by interested persons in theOffice of the Regional Counsel, FederalAviation Administration, Federal Build-ing, 601 East 12th Street, Kansas City,Mo. 64106.

The present public use VOR instru-ment approach procedure for the DevilsLake, N. Dak., Municipal Airport hasbeen modified by adding a DME arc anda new public use VOR instrument ap-proach procedure has been developed forthis airport. In addition, one of the twospecial ADF instrument approach pro-cedures for Devils Lake, which use theprivately owned radio beacon as a navi-gational aid, is being cancelled. There-fore, it is necessary to alter the DevilsLake control zone and transition area toprovide controlled airspace for the pro-tection of aircraft executing the new andaltered approach procedures and todelete that airspace no longer neededwith respect to the cancelled approachprocedure.

In consideration of the foregoing, theFederal Aviation Administration pro-poses to amend Part 71 of the FederalAviation Regulations as hereinafter setforth:

(1) In § 71.171 (33 P.R. 2058), the fol-lowing control zone is amended to read:

DEvLs LAKE; N. DAK.

Within a 5-mile radius of Devils Lake Mu-nicipal Airport (latitude 48'06'50" N., longi-tude 98°54'30" W.); within 2 miles each sideof the Devils Lake VOR 134 ° radial, extend-ing from the S-mile radius zone to 10% milessoutheast of the VOR; within 2 miles eachside of the Devils Lake VOR 324- radial, ex-tending from the 5-mile radius zone to l0%miles northwest of the VOR; and within 2miles each side of the 026' bearing fromDevils Lake Municipal Airport, extendingfrom the 5-mile radius zone to 8 miles north-east of the airport. This control zone is effec-tive during the speclfic dates and timesestablished in advance by a Notice to Airmen.The effective date and time will thereafterbe continuously published in the Airman'sInformation Manual.


7581,


(2) In § 71.181 (33 FR. 2137), the fol-lowing transition area is amended toread:

Dxvms L-A , N. DAm.

That airspace extending upward from 700feet above the surface within a 12-mile radiusof the Devils Lake VOR; and that airspaceextending upward from 1,200 feet above thesurface within a 17-mile radius of the DevilsLake VOR, extending from a line 5 milesnorth of and parallel to the Devils Lake VOR097* radial clockwise to a line 5 miles north-east of and parallel to the Devils Lake VOR824° radial.

These amendments are proposed under-the authority of section 307(a) of theFederal Aviation Act of 1958 (49 U.S.C.1348).

Issued at Kansas City, Mo., .on May 2,1968.,

DANIEL E. BAlow,Acting Director, Central Region.

[F.R. Doc. 68-6058; F'Ued, May 21, 1968;8:46 am.]

[ 14 CFR Parts 151, 171 1

[Docket No. 8878; Notice 68-12]

TRUE LIGHT CERTIFICATES

Notice of Proposed Rule Making

The Federal Aviation Administrationis considering amending Parts 151 and'171 of the Federal Aviation Regulationsto generally discontinue the issuance ofCertificates of "Lawful Authority to Op-erate a True Light" (True Light Certifi-cates), under § 171.61; to revoke most ofthose Certificates; to terminate mostpending applications for those Certifi-cates; to delete the requirement thatcertain Federal-Aid Airport Programsponsors apply for those Certificates,under § 151.87; and to provide a meansto ensure the acceptable operation ofairport lighting in new § 151.86.

Interested persons are invited to par-ticipate in the making of the proposedrule by submitting such written data,views, or arguments as they may desire.Communications should identify the reg-ulatory docket or notice number andbe submitted in duplicate to: Fed-eral Aviation Administration, Office ofthe General Counsel, Attention: RulesDocket GC-24, 800 Independence Ave-nue SW., Washington, D.C. 20590. Allcommunications received on or beforeJune 21, 1968, will be considered by theAdministrator before taking action onthe proposed rule. The proposal con-tained in this notice may be changed inthe light of comments received. Allcomments submitted will be available,both before and after the closing- datefor comments, in the Rules Docket forexamination by interested persons.

Background. Section 171.61(a) pro-vides: "An applicant who certifies thathe will, in accordance with applicablerequirements of the FAA, establish, main-tain, and operate a light as an aid toair navigation, is issued an air naviga-tion certificate uthorizing him to op-erate that light as a 'true light'." Begin-ning more than 35 years ago with theBureau of Lighthouses of the Depart-ment of Commerce, the FAA and its

predecessor agencies have issued TrueLight Certificates. These Certificateswere issued first under the Air Com-merce Act of 1926, then under the CivilAeronautics Act of 1938, and they arenow issued under section 606 of theFederal Aviation Act of 1958 (49 U.S.C.1426). Until Congress passed the FederalAviation Act of 1958, a person "whowithout lawful authority knowingly ex-hibits any such true light or signal" wasguilty of a criminal offense. However,the Congress repealed this provision in1958, although it continued the FAA'sauthority to issue air navigation facilitycertificates (the "lawful authority").Also, the Congress continued the othercriminal provisions relating to "truelights" in section 902(c) of the FederalAviation Act of 1958 (49 U.S.C. 1472(c)).At present, the FAA is authorized to issueTrue Light Certificates, but the statuteno longer prohibits the operation of atrue light "without lawful authority".

Part 171. Applications for True LightCertificates are now voluntary, exceptfor those Federal-Aid Airport Programsponsors that must apply under § 151.-87(b) (discussed below). The FAA pro-poses to discontinue issuing True LightCertificates by deleting present § 171.61.The criminal sanctions of section 902(c)of the Federal Aviation Act of 1958 ade-quately provide for the possibility that aperson may knowingly operate a truelight in a wrongful manner, display afalse or misleading light, or interferewith the operation of a true light. Toprovide the public with guidance as tothe installation and operation of aero-nautical beacons that serve as "truelights", the FAA is publishing an Ad-visory Circular on that subject. ThisAdvisory Circular would supersede Tech-nical Standard Order N19, "Criteria forCertification and Lawful Authority toOperate a True Light" (June 14, 1951).The FAA also proposes to adopt a new§ 171.61 that revokes most existing TrueLight Certificates and cancels most pend-ing application for those Certificates. Asdiscussed below, proposed § 171.61(b)preserves the applications and certifi-cates of certain Federal-Aid Airport Pro-gram sponsors who were required to ap-ply under regulations then in effect.

Part 151. In part, § 151.87(b) provides:"The FAA does not issue a grant offeruntil the sponsor [of a project that in-volves airport lighting] has applied for atrue light certificate indicating a lightedairport. Program participation in airportlighting is limited to those projects that,upon completion, will meet the require-ments for a true light certificate * * * "Since the FAA would no longer acceptapplidations for True Light Certificates,it is proposed to delete the quoted pro-vision from § 151.87, and to adopt new§ 151.86 to provide 6, method of ehsuringthe acceptable operation of airport light-ing. Present § 151.87 (a) and (b) wouldbe deleted.

The requirement now in § 151.87(b)'has been intended to ensure that, whenairport.lighting is included in a Federal-Aid Airport project, the lighting will beoperated in a manner that provides forsafety in air commerce, and justifies the

investment of Federal funds. In the past,the FAA was satisfied when airport light-ing was operated throughout each nightof the year, although operation on lessthan an all-night basis was acceptableunder some circumstances. The FAA pro-poses to adopt § 151.86(b) (3) that wouldexpressly require the sponsor of a: projectthat involves airport lighting to agree tooperate the lighting installed eitherthroughout each night of the year, or ac-cording to a satisfactory plan of opera-tion, submitted under proposed § 151.86(c). The sponsor's plan would specify.when the airport. lighting will be op-erated, and the sponsor would be re-quired to satisfy the Administrator thatits plan provides for safety in air com-merce, and justifies the investment ofFederal-Aid Airport Program funds. Un-der proposed § 151.86(d), these new pro-visions would also apply to each sponsorof a project involving airport lightingthat has not entered into a grant agree-ment on the effective date of the amend-ment. This would include those sponsorsthat had applied for a True Light Cer-tificate under present'§ 151.87(b), buthad not accepted a grant offer, on thatdate.

If a sponsor has applied for aTrue Light Certificate under present§ 151.87(b) (or other regulation then ineffect) and has entered into a grantagreement, its application is preservedunder proposed § 171.61(b) and it will beissued a True Light Certificate. Also, ifa sponsor applied and was issued a TrueLight Certificate, the Certificate is alsopreserved under proposed § 171.61(b).Under proposed §§ 151.86(e) and 171.61(b), a sponsor may choose to terminateits application or surrender its certificate,and to instead comply with proposed§ 151.86(b) (3). While- these sponsorswould not be required to do this, it doesauthorize them to do so, and also pro-vides an orderly means for surrenderingTrue Light Certificates that are not re-voked, and for terminating applicationsthat are preserved under § 171.61(b).

Other changes. Minor editorial changesare also proposed. Proposed § 151.86(a)would reflect the fact that the Adminis-trator may find that airport lightifig isneeded under § 151.13, as well as underthe first sentence of present § 151.87(a).Proposed § 151.86(b) (1) (based on thelast sentences of present § 151.87 (a)and (b)) would refer to § 151.91(a), in-stead of obsolete Technical StandardOrder N18. Proposed § 151.87(c) wouldrefer to § 151.80, as well as to §§ 151.77and 151.79. The parenthetical clause inproposed § 151.87(d) would refer to§ 151.43(c), instead of the Federal Air-port Act: Proposed § 151.87(h) wouldrefer to an "airport beacon", instead ofa "beacon". Proposed § 151.87(k) wouldrefer.to new § 151.86, as well as to "thissection", and-Appendix F would refer toboth §§ 151.86 and 151.87.

In consideration of the foregoing, it isproposed to amend Parts 151 and 171of the Federal Aviation Regulations asfollows:

1 1. By adding the following new§ 151.86:


7582


§ 151.86 Lighting and electrical work:general.

(a) The installing of lighting facilitiesand related electrical work, as providedin § 151.87, is eligible for inclusion in aproject only if the Administrator deter-mines, for the particular airport in-volved, that they are needed to ensure-

(1) Its safe and efficient use by air-craft under § 151.13; or

(2) Its continued operation and ade-quate maintenance, and it has a largeenough volume (actual or potential) ofnight operations.

(b) Before the Administrator makesa grant offer to the sponsor of a projectthat includes installing lighting facilitiesand related electrical work under para-graph (a) of this section, the sponsormust--

(1) Provide in the project for remov-ing, relocating, or adequately markingand lighting, each obstruction in theapproach and turning zones, as providedin § 151.91(a);

(2) Acknowledge its awareness of thecost of operating and maintaining air-port lighting; and

(3) Agree to operate the airport light-Ing installed-

(I) Throughout each night of theyear; or

(i) According to a satisfactory planof operation, submitted under paragraph(c) of this section.

(c) The sponsor of a project that in-cludes installing airport lighting and re-lated electrical work, under paragraph(a) of this section, may-

(1) Submit to the Administrator aproposed plan of operation of the air-port lighting installed for periods lessthan throughout each night of the year;

(2) Specify, in the proposed plan, thetimes when the airport lighting installed.will be operated; and

(3) Satisfy the Administrator that theproposed plan provides for safety in aircommerce, and justifies the Investment ofProgram funds.

(d) Paragraph (b) (3) of this sectionalso applies to each sponsor of a projectthat includes installing airport lightingand related electrical work if that spon-sor has not entered into a grant agree-ment for the project before [the effectivedate of the amendment].

(e) If it agrees to comply with para-graph (b) (3) of this section, the spon-sor of a project that includes installingairport lighting facilities and relatedelectrical work that has entered into agrant agreement for that project before[the effective date of the amendment]may-

(1) Surrender its air navigation cer-tificate authorizing operation of a "truelight" issued before that date; or

(2) Terminate its application for au-thority to operate a "true light" madebefore that date.

2. The section heading, paragraphs(a), (b), and (a), the second sentence ofparagraph (d), and paragraphs (h) and(k), of § 151.87 are amended to read asfollows:

§ 151.87 Lighting and electrical work:standards.

(a) [Reserved](b) [Reserved](c) The number of runways that are

eligible for lighting is the same as thenumber eligible for paying under § 151.-77, § 151.79, or § 151.80.

(d) * * * A runway that is eligiblefor lighting, but does not meet the re-quirements for 75 percent U.S. participa-tion under § 151.43(d), is eligible for 50percent U.S. participation in the costs ofhigh intensity runway edge lighting (orthe allowable percentage in § 151.43(c)for public land States), if the airport isserved by a navigational aid that willallow using instrument approachprocedures.

* * * * *

(h) Any airport that is eligible to par-ticipate in the costs of runway lightingis eligible for the installing of an airportbeacon, lighted wind indicator, obstruc-tion lights, lighting control equipment,and other components of basic airportlighting, including separate transformerVaults and connection to the nearestavailable power source.

* * * * *

(k) Appendix F sets forth typicaleligible and ineligible items of airportlighting covered by § 151.86 and thissection.

3. By striking out the reference"§ 151.87" in Appendix F of Part 151,and by inserting the references "§ § 151.86and 151.87" in place thereof.

4. By amending § 171.61 to read asfollows:

§ 171.61 Air navigation certificate: rev-ocation and termination.

(a) Except as provided in paragraph(b) of this section, each air navigationcertificate of "Lawful Authority toOperate a True Light" is hereby revoked,and each application therefor is herebyterminated.

(b) Paragraph (a) of this section doesnot apply to-

(1) A certificate issued to a Federal-Aid Airport Program sponsor who wasrequired to apply for that certificateunder regulations then in effect, andwho has not surrendered that certificateunder § 151.86(e) of this chapter; or

(2) An application made by a Federal-Aid Airport Program sponsor who wasrequired to make that application underregulations then in effect, and who hasnot terminated that application under§ 151.86(e) of this chapter.

This proposal is made under theFederal Airport Act, as amended (49U.S.C. 1101-1120), and sections 307,313(a), 601, and 606 of the FederalAviation Act of 1958 (49 U.S.C. 1348,1354(a), 1421, and 1426).

Issued in Washington, D.C., on May 15,1968.

CHESTER G. BOWERS,Director, Airports Service.

WnLI M. FLENER,Director, Air Traffic Service.

[F.B. Doc. 68-6059; Filed, May 21, 1968;8:46 am.],


[ 47 CFR Part 73 1[Docket No. 18110; FCC 68--554]

MULTIPLE OWNERSHIP OF STAND-ARD, FM, AND TV BROADCASTSTATIONS

Memorandum Opinion and OrderClarifying Interim Policy

In the matter of amendment of§§ 73.35, 73.240, and 73.636 of the Com-mission rules relating to multiple owner-ship of standard, FM and televisionbroadcast stations, Docket No. 18110.

1. The Commission has before it threepetitions for reconsideration of its in-terim policy in this proceeding, andvarious questions that have arisen con-cerning that policy.

Background. 2. Under the provisionsof the Commission's multiple ownershiprules (§§ 73.35, 73.240, and 73.636), aparty is prohibited from owning, oper-ating, or controlling more than onestation in the same broadcast servicein the same area. However, the rules donot now prevent a party from owning,operating, or controlling more thanone station in the same area if eachstation is in a different service. It istherefore not unusual for a single li-censee to have a television, a standard,and an FM broadcast station in one city.

3. For the purpose of promotingdiversity of viewpoints expressed over theair in the same area, the Commission onMarch 27, 1968, adopted a notice of pro-posed rule making (FCC 68-332, 33 F.R.5315, Apr. 3, 1968) inviting commentson a proposal to amend its multiple own-ership rules so as to prevent commonownership, operation, or control of morethan one unlimited-time broadcaststation in a market.

4. The proposal would not requiredivestiture, by any licensee, of existingfacilities. It would not apply to applica-tions for assignment of license or trans-fer of control in accordance with § 1.540(b) or 9'1.541 (b) of the rules (i.e., appli-cations dealing with either pro forma orinvoluntary assignments or transfers),or to applications for assignment of ]I-cense or transfer of control to heirs orlegatees by will or intestacy. It wouldapply to all applications for newstations and to all other applications forassignment of license or transfer ofcontrol.

5. The notice announced as an interimpolicy that applications "now on file".would be processed in accordance withexisting rules and precedents, and thatthose fied during the pendency of theproceeding which would be within thescope of the proposed rules would not beacted on until after the Commission haddetermined the action to be taken onthe proposed rules. Since the release ofthe notice, numerous questions havearisen concerning this interim policy. Inaddition, three petitions for reconsidera-

FEDERAL REGISTER, -VOL. 33, NO. 1 00-WEDNESDAY, MAY 22, 1968

7583

PROPOSED -RULE- MAKING

tion of the policy, requesting that it beabandoned or modified, have been timelyfiled.1 We shall first deal with the peti-tions for reconsideration (which wedeny), and then answer the questionsabout the interim policy.

Petitions for reconsideration-Argu-ments of KCIL et al. 6. This petition forreconsideration states that the commentsfiled in this proceeding will show thatin many instances the proposed ruleswould be contrary to the public interestbecause they would retard the develop-ment of a new service, or would resultin the loss of an existing service. As toretarding the development of a new serv-ice, petitioners state that the record willindicate the following: In small markets,broadcast operations are least promisingfrom an economic standpoint. Often, theonly party capable of operating, an addi-tional facility in such a market is theoperator of an existing facility. Theeconomies inherent in using a single.studio building and transmitter site, andthe same administrative, operational,and sales staff are the most importantsingle factor in encouraging new broad-cast services in small markets. Growthof service in such markets is impossiblewithbut these economies and it is there-fore contrary to the public interest not topermit a present licensee to apply fora construction permit for a new broad-cast station in the market.

7. Concerning the loss of existing serv-ice, petitioners say that the commentswill be as follows: The rules would pro-hibit an owner of more than one un-limited-time station in the same marketfrom selling them to the same party.Since generally a party cannot be ex-pected to operate an FM facility withoutthe advantage of joint operation withan AM station (especially in small mar-kets), an owner of .an unlimited-timeAM station and an FM station in thesame market would have to sell his AMstation and probably surrender his FMlicense, contrary to the public interest.

8. Petitioners argue that the interimpolicy will foster the foregoing resultseven before the Commission has had thebenefit of comments, since that policy is

One was jointly filed Apr. 11, 1968, byKCIL, Inc., licensee of Stations KJIN andKCIL-F, Houma, La.; Dixie Radio, Inc.,licensee of Stations WDLP and WDLP-FM,Panama City, Fla.; John W. Spottswood, li-censee of Station WKWF, Key West, la.;and Woofum, Inc., licensee of Station WFOM,

-Marietta, Ga. (KCIL et al.). A second wasjointly filed Apr. 29, 1968, by Screen GemsBroadcasting of Utah, Inc., licensee of Sta-tions KCPX, KCPX-PM, KCPX-TV, SaltLake City, Utah; Cleveland Broadcasting,Inc., licensee of Stations WERE, WERE-PM,Cleveland, Ohio, WVLEC, WLEC-FM, San-dusky, Ohio, and KFAC-FM, Los Angeles,Calif.; KWTX Broadcasting Co., licensee ofStations KWTX, and KWTX-TV, Waco, Tex.;Ring Radio Co., licensee of Station WRNG,North Atlanta, Ga.; Beef Empire BroadcastingCo., licensee of Station KCOL, Port Collins,Colo.; and WJAG, Inc., licensee of StationWJAG, Norfolk, Nebr. (Screen Gems et al.).The third, also filed Apr. 29, 1968, was sub-mitted by Southern Broadcasting Corp., li-censee of Stations KTOD and KTOD-Pld,Sinton, Tex. (Southern).

a premature application of the proposedrules. They therefore urge that the pol-icy be either abandoned, or modified soas to treat each application filed duringthe pendency of this proceeding on acase-by-case basis. The latter, it isaverred, would permit the Commissionto protect the integrity of its diversifica-tion policies and yet permit it to guardagainst retarding the development ofnew service or bringing about loss ofservice that would be contrary to thepublic interest.

9. Finally, petitioners also say that theinterim policy works a hardship on par-ties like themselves who have expendedconsiderable time, effort, and money inpreparation of applications for new sta-tions, or assignment and transfer appli-cations, but who did not file them beforethe interim policy went into effect. Thatpolicy, they state, is grossly, unfair be-cause it does not provide for the process-ing of such applications or even for theirconsideration on an ad hoc basis.

Arguments of Screen Gems et al. 10.Petitioners state that the AdministrativeProcedure Act (5 U.S.C. section 553) re-quires that in rule making matters anotice of proposed rule making be issuedso that interested parties may be madeaware of proposed rules and file com-ments thereon, and that the agencypromulgating the rules must consider allrelevant matters presented. They arguethat the adoption of the interim policywas illegal because it immediately, andprematurely, placed into effect the pro-posed rules before interested parties weregiven an opportunity to comment onthem.

11. The interim policy in this proceed-ing is compared by petitioners with thatin Docket No. 16068--the top-fifty-mar-ket multiple ownership proceeding.There the policy provided that applica-tions that fell within the scope of theproposed rule and that did not make acompelling affirmative showing that agrant would be in the public interestwould be designated for hearing. Theystate that the court, in sustaining thatpolicy,2 considered it to be proceduralan held that the Commission had notattempted, to apply the proposed ruleduring the interim period because thepolicy merely provided that a hearing onan application might be' necessary. Inthe instant proceeding, petitioners argue,the Commission has prematurelyadopted the proposed rules because ithas not provided for the interim process-ing of applications but has imposed anabsolute- freeze. Therefore, they con-clude, adoption of the policy herein iscontrary to the rationale of the court inMeredith.

12. Additionally, petitioners aver, inDocket No. 16068 a period of slightly over3 years elapsed from the time the policywas adopted to the date the proceedingwas terminated. It is argued that in theinstant proceeding the interim policywill also be in effect for a lengthy periodand that during that time the granting

2 Meredith Broadcasting Company v. P.C.C.,365 P. 2d 912 (C.A.D.C., 1966).

of applications which might be in thepublic interest will be frozen.

13. It is also urged that the interimpolicy is inequitable, for reasons similarto those stated in paragraph 9, above,and that the action of the Commissioncame without warning.

14. Petitioners urge that the interimpolicy be deleted. -They state that if theCommission finds the proposed rules tobe in the public interest after study ofthe comments, it can make them effectiveat that time. The delay in making themeffective, we are told, would not have anadverse effect on the Commission'sability to achieve the diversification goalsat which the proposed rules aim becauseit is not likely that a rash of applicationswould be fied to avoid possible adoptionof the rules. Moreover, we are reminded,the Commission could designate ques-tionable applications for hearing.

Arguments of Southern. 15. Southerndoes not suggest deletion of the interimpolicy. It proposes modification of it topermit the processing, in accordancewith existing rules and precedents, ofapplications filed during the pendency ofthis rule making which would result inthe granting to the same party of licensesfor both a standard and an FM broadcaststation provided both such stations arelicensed to a city of less than 100,000population according to the 1960 census.

16. In support of this proposal it re-fers to § 73.242, the Commission's ruleconcerning nonduplication of program-ing by AM and FM stations of the samelicensee in the same area. Southern statesthat this rule became effective about 21/2years ago and that in adopting it theCommission indicated that its purposewas to begin a gradual process by whichAM-FM program duplication in the sameconuunity would be ended. It is arguedthat by excluding FM stations in cities ofless than 100,000 population from thegradual implementation of its policy con-cerning separate programing, the Com-mission recognized that such stations donot have the economic ability to supporteven a limited degree of independentoperation. The Commission, it is stated,has set forth no reason that would justifyeven partially separate programing forsuch stations, not to mention separateownership.

17. Southern urges that it is likely thatthe only result of applying the interimpolicy to AM-FM ownership in cities of100,000 or less would be to restrict partieswho, because of business or other reasons,will be in a position either to acquire or tohave to transfer licenses only duringpendency of this proceeding.

Decision. 18. As stated in the notice,the present proceeding was begun as partof the Commission's continuing study ofproblems dealing with concentration anddiversification of the broadcast mediaand of allied interests in other publicopinion media. We are of the opinion thatthe objective of promoting diversity ofviewpoints and program sources withregard to individual markets is of animportance that warrants the interimpolicy which we have adopted. If theproposed rules are adopted, the interim



policy will have served to avoid pro-liferation of commonly owned stations Inthe same market during the pendency ofthe proceeding. If they are not adopted,the delay in handling of applications willnot be substantial since it is our inten-tion to terminate this proceeding withdispatch. Similarly, if the rules areadopted with some modification, e.g., byapplying them to larger but not tosmaller markets as petitioners wouldappear to suggest, the delay will beminimal for the small markets, and pro-liferation of commonly owned stationsin larger markets will have been avoided.

19. We cannot agree that the interimpolicy constitutes a premature adoptionof the rules which is illegal. The pur-pose of the policy is to assure that theobjectives of the proposed rule makingproceeding will not be frustrated, and itis well established that such a policy maybe instituted with no advance notice.Kessler v. F.C.C. 326 F. 2d 673, 1 Pike &Fischer, R.R. 2d 2061 (C.AD.C., 1963). Asfor the argument that the adoption ofthe present interim policy is contrary tothe rationale of the Meredith case, wenote that the Court in that case stated:

* * * the Commission is entitled, in itsexpertise, to formulate policy in aid of thecongressional purpose. Indeed, we have recog-nized this in upholding the Commission inits issuance of "freeze" orders at varioustimes in the past, a procedure much moredrastic than the present interim policy.[Citation of cases omitted.l=

20. As to the allegation that the in-terim policy is unfair to parties who werepreparing applications at the time thatthe notice was issued, we observe that ifthe rules are not adopted, there is nosubstantial harm to such parties sincethe proceeding will be terminated at anearly date. Should they be adopted, wecan only say that in a situation of thiskind, where private equities are balancedagainst public interest considerations,the latter must prevail. We are of theopinion that the requirement of pro-cedural fgirness has been satisfied by ourdecision to complete processing of appli-cations tendered for filing up to andincluding the date of publication of thenotice in the FEDERAL REGISTER (see para-graph 23 below).

21. Finally, since the termination ofthis proceeding is expected at an earlydate, we think that to modify the interimpolicy to deal with new applications onan ad hoc basis (as suggested by KCIL,et al.) would serve no useful purpose, andwould to some degree slow up the appli-cation processing function of the Com-mission.

Clarification of Interim Policy. 22. Asstated at the outset, numerous questionshave arisen concerning the interim pol-icy. They are set forth and answered Inthe following paragraphs for the benefitof interested parties.

23. What is the date on which theinterim policy began? The interim policywas announced in paragraph 8 of thenotice of proposed rule making herein

3 Meredith Broadcasting Company v. F.C.C.,supra note 2, at 915.

which was adopted March 27, 1968, re-leased March 28, 1968, and published inthe FEDERAL REGISTER April 3, 1968. We.have decided that the purposes of thisproceeding would be adequately servedby using the date of publication in theFEDERAL REGISTER as the cutoff date.Thus, all applications which would fallwithin the scope of the proposed rules,which were tendered for filing up to andincluding April 3, 1968, and which werethereafter accepted for filing, will beprocessed in accordance with existingrules and precedents and will not be sub-ject to the interim policy. In decidingwhether such applications are acceptablefor filing, inconsistency with the pro-posed rules will have no bearing on theiracceptability. Applications lying withinthe scope of the proposed rules whichare tendered after April 3 will be acceptedfor filing, if they otherwise comply withthe Commission's rules or other require-ments, but action thereon will be de-ferred in accordance with the interimpolicy.

24. For purposes of the interim policy,what is the meaning of the term "mar-ket"? We do not mean to prejudge themeaning of the term "market" in anyrules which may be adopted in this pro-ceeding. It is our hope that commentsfiled herein will provide a sound basisfor definition of the term. However, forpurposes of the interim policy, we notethat the proposed rules are, in essence,an extension of the present duopolyrules. Those rules (see paragraph 2) pro-hibit a party from owning, operating, orcontrolling more than one station in thesame broadcast service in the same area.The proposals herein would prevent aparty from owning, operating, or con-trolling more than one unlimited-timebroadcast station in the same area, re-gardless of the type of broadcast serviceinvolved.

25. The present duopoly rules are castin terms that prohibit one party fromhaving two or more stations in the samebroadcast service if specified contoursoverlap-for AM stations, the predictedor measured 1 mv/m groundwave con-tours; for FM, the predicted 1 mv/mcontours; and for TV, the predictedGrade B contours. For the interim pol-icy, if granting an application would re-sult in one party's owning, operating, orcontrolling two or more full-time broad-cast stations with overlap of contoursmentioned if-the present duopoly rules,the applications will be considered to bein the same market and will not be actedon until the termination of this proceed-ing. In other words, if the predicted 1mv/m contour of an FM station andthe predicted Grade B contour of a TVstation overlap, the stations will beviewed as being in the same market.Similarly, if the 1 mv/m contour of anAM station and the 1 mv/m contour ofan FM station overlap, the stations willbe considered to be in the same marketfor purposes of the interim policy.

-26. Do the proposed new rules applyto noncommercial educational stations?No. It is intended that the proposal ap-ply only to commercial stations. Hence,

noncommercial educational stations donot fall within the purview of the pro-posed rules.

27. Is the application of an FM li-censee applying for a daytime AM stationin the same market subject to the in-terim policy? No. Although the languageof the proposed rules is such that it ap-pears that a daytime AM licensee couldacquire an FM station in the same mar-ket but.that an FM licensee could notacquire a daytime AM station in thesame market, such was not the intent ofthe proposal. It was intended that par-ties should not own, operate, or controlmore than one full-time station in amarket; but one full-time and one part-time station would be permitted.

28. If a party owns no broadcast sta-tions in a market, would an applicationto assign to that party the licenses of anFM station and daytime AM station inthe same market be subject to the in-terim policy? Consistent with the viewsexpressed in paragraph 27, such an ap-plication would not be subject to theinterim policy.

29. If a party is the licensee of an FMstation and an daytime AM station inthe same market and applies to becomea full-time AM station in the same mar-ket, is the application subject to the in-terim policy? Yes, because as previouslymention, it is the intention of the pro-posed rules to prohibit ownership of twofull-time stations in the same market.

30. If a party owns no broadcast sta-tions in a market, would an applicationto assign to that party two or three full-time broadcast station licenses in thatmarket (e.g., the licenses of an AM, anFM and a TV station) be subject to theinterim policy? Yes. It has been sug-gested that a strict reading of the pro-posed rules would not permit a partyowning a full-time station to acquireanother full-time station in the market,but that if the party owns no stationthere, he may acquire up to three in thatmarket. This is not the intent of theproposal. As indicated in paragraphs 27--29 above, the intent is that one partyshould not own more than one unlim-ited-time station in a market. If theproposed rules are adopted, the languageon this point will be clarified.

31. If an unlimited-time AM and anFM station in the same market are li-censed to the same party, and both sta-tions are off the air with Commissionauthorization, would an application toassign the licenses of the two stationsto a single party be subject to the interimpolicy? Yes. The question appears to as-sume that the assignee would put thestations on the air and that, therefore,the assignment should not be subject tothe interim policy since it would be inthe public interest to change the twostations from silent to active stations.However, this is akin to the argumentconcerning assignment of licenses (para-graph 7, supra) raised by the petitionfor reconsideration of KCIL, et al. whichwas denied for reasons stated above.

32. If a party is the licensee of twoor three full-time stations in the samemarket, e.g., licensee of an AM, an FMand a TV station, would an application

FEDERAL REGISTER, VOL. 33, NO. 10.--WEDNESDAY, MAY 22, 1968

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to increase the facilities of one or moreof the stations be subject to the interimpolicy? No. The proposed rules, ifadopted, would not require divestitureof existing facilities. Thus, multiple li-censees nf full-time facilities in the samemarket would be "grandfathered in."Since such multiple ownership would bepermitted, it would be permissible for amultiple owner to apply for increased fa-cilities of a station, assuming no counter-vailing considerations are present. (Com-pare paragraph 29.)

33. If applications are mutually exclu-sive and some or all of them fall underthe provisions of the interim policy, whatprocedure will be followed in dealingwith these applications? Specific ques-tions that have arisen are the following:(1) If two applications for unlimited-time AM stations filed before a "cutoffdate", published pursuant to § 1.571(c)of the rules, are mutually exclusive, withone being that of a party who is thelicensee of a TV station in the market,and the other that of a party who has noother station in the market, how wouldthe applications be handled? (2) If threeapplications for a TV station are mu-tually exclusive, with each of two of theapplicants having an unlimited-time sta-tion in the market, and the third havingno broadcast interests there, what wouldbe done? (3) If two applicants each hav-ing at least one full-time broadcast sta-tion in the market apply for anotherfull-time broadcast station in that mar-ket, what will be the procedure?

34. One alternative would be to placeall mutually exclusive applications thatwould normally be designated for hear-ing, one or more of which are within thescope of the proposed rules, in a pend-ing file without further action until theCommission decides what action to takein the present proceeding. Anotherwould be to designate such applicationsfor hearing, and pursue the hearing,designate as a hearing issue whether anyparticular application falls within thescope of the proposed rules, and makefindings and conclusions on this issue,but not take that issue into account indetermining whether the public interestwould be served by grant of any of thevarious applications. Should the hearingterminate before the end of the instantproceeding, and should a party foundnot to be subject to the proposed rulesprevail, a grant could be made. If a partyfound to fall within the scope of theproposed rules should prevail, then hisand related applications would be placedin a pending file until the terminationof this proceeding and appropriate ac-tion taken thereafter.

35. Various factors enter into a deci-sion as to what course to follow in suckicases pending the outcome of this pro-ceeding. For example, if we do not desig-nate such applications for hearing, aneif the proposed rules should not b(adopted, then time would be lost ancultimate service to a community delayedShould we follow the course of designat-ing for hearing, and should the proposecrules be adopted, there may be needlesexpense for some parties. Not to desig,


nate such" FM and TV applications forhearing could mean, too, that, ulti-mately, there may be additional appli-cations filed and hence more applicantsconsidered in a hearing than if a desig-nation order had been issued and theapplications not held in a pending file.

36. We are of the opinion that sincewe intend to bring the present proceed-ing to an end in a relatively short time,it is the better course, in the circum-stances, not to designate such mutuallyconflicting applications for hearing, butto hold them in a pending file withoutfurther . action until decisions arereached herein. This will be our policy.

37. If, after April 3, 1968, the licenseeof a full-time AM station petitions theCommission to begin a rule making pro-ceeding to assign an FM channel or aTV channel to his community of licenseand indicates that he will apply for useof the channel if it is assigned, will ac-tion be taken on the petition pending theoutcome of the instant proceeding?What if the petition was filed on or be-fore April 3, 1968, and has not yet beenacted on by the Commission? In responseto the first question, it is assumed that aparty filing a rule making petition forchannel assignment after April 3 hasknowledge of the instant proceeding. Be-cause of this, if such a petition otherwisemerits it, a rule making proceeding willbe instituted and carried forward as aresult of the filing, and the pendency ofthe present proceeding will not be a fac-tor in arriving at a decision as to whetherto assign the requested channel (exceptas mentioned in (c) below). Any partypetitioning for a channel assignment ison notice with regard to the following:(a) If a channel is assigned as requestedand an application for use of the channelis filed by the petitioner before thetermination of the present proceeding,the application will be subject to theinterim policy herein. (b) If a channel isassigned as requested but petitioner hasnot filed an application for use of thechannel prior to the termination of thisproceeding, the outcome of the presentproceeding will govern the filing of anyapplication thereafter. (c) If before thecompletion of the rule making proceed-ing concerning proposed assignment of achannel the present proceeding ter-minates with the adoption of rules pro-hibiting the petitioner from having asecond station in the market, and if noparty other than petitioner, either in thecourse of the proceeding or within 30

* days after the date of the order ter-minating the present proceeding, hasshown a bona fide interest in using therequested channel, the rule making pro-ceeding for assignment of the channel

L will be terminated and no channel willbe assigned.

" 38. As to the second question, if a pe-tition for rule making to assign a chan-nel was filed on or before April 3 and anotice of proposed rule making has notyet been Issued, if petitioner does notmove to dismiss his petition, and if it

otherwise is meritorious, a rule makings proceeding will be commenced, and the- policies expressed in the preceding para-

graph will govern the proceeding. If apetition for rule making to assign a chan-nel resulted in the adoption of a noticeof proposed rule making on or beforeApril 3, the proceeding will be carriedforward subject to the policies of the pre-ceding paragraph.

39. As indicated in (a) and (b) ofparagraph 37, it is possible that a licenseeof a full-time AM station may petitionfor rule making to assign an FM or aTV channel to his community of license,indicating an intent to apply for use ofthe channel if it is assigned, and that thechannel may be assigned before the ter-_mination of the instant proceeding. Inthe event that this proceeding subse-quently results in the adoption of rulesprohibiting the petitioner from havingtwo stations in a market, the assignedchannel may be deleted if there is noother applicant for use of the channel'

Order. 40. In view of the foregoing: Itis ordered, That the "Petition for Recon-sideration of Interim Policy" filed April11, 1968, by KCIL, Inc., Dixie Radio, Inc.,John W. Spottswood, and Woofum, Inc.;the "Petition for Reconsideration of In-terim Policy" filed April 29, 1968, byScreen Gems Broadcasting of Utah, Inc.,Cleveland Broadcasting, Inc., KWTXBroadcasting Company, Ring Radio Co.,Beef Empire Broadcasting Co., andWJAG, Inc.; and the "Petition of South-ern Broadcasting Corp. for Reconsidera-tion" filed April 29, 1968, by SouthernBroadcasting Corp. are denied.



FEDERAL COMM~UNICATIONS

CoMIrssIoN",[SEAL] BEN F. WAPLE,

Secretary.

[FR. Doc. 68-6091; Pilled, May 21, 1968;8:47 a.m.]

[47 CFR Part 73 ]

[Docket No. 18189; FCC 68-535]

FM BROADCAST STATIONS

Table of Assignments;Donaldsonville, Ga., Etc.

In the matter of amendment of § 73.-202, Table of Assignments, FM BroadcastStations. (Donaldsonville, Ga., Chester,S.C., Mobridge, S. Dak., Moline, Canton,Genesco, and Aledo, Ill., Keokuk, Iowa,Kahoka, Mo., Oakdale, La., Egg HarborCity, Atlantic City, and Pleasantville,N.J., and Webster City and Perry,.Iowa) ;Docket No. 18189, RM-1278, RM-1281,RM-1271, RM-1274, RM-1275, RM-1280.

1. Notice is hereby given of proposedrule making in the above-entitled matter,

IThis policy, applied here to FM, UHP, orVHF channel assignments, is consistent withthe policy concerning flHF channel assign-ments expressed in the ffth report and mem-orandum opinion and order in Docket No.14229 (2 P.C.C. 2d 527). See paragraphs 47-48thereof, and paragraph 15 of Appendix Dthereto.

5 Commissioners Hyde, chairman; Toevin-ger and Wadsworth absent.



concerning amendments of the FM Ta-ble of Assignments in § 73.202 of therules. All proposed assignments are al-leged and appear to meet the minimumseparation requirements of the rules. Allproposed assignments which are within250 miles of the United States-Canadianborder require coordination with the Ca-nadian Government, under the terms ofthe Canadian-United States FM Agree-ment of 1947 and the Working Arrange-ment of 1963. Except as otherwise noted,all channels proposed for shift or dele-tion are unoccupied and not applied for,and all population figures are from the1960 U.S. Census. -

2. RM-1278, Donaldsonville, Ga. (Mer-chants, Broadcasting Co.); RM-1281,Chester, S.C. (Chester Broadcasting Co.).In these two cases interested parties seekthe assignment of a first Class A channelin a community without requiring anyother changes in the table. The commu-riities have populations of 2,621 and 6,906and appear to warrant the proposed as-signments. Comments are therefore in-vited on the following additions to theFM Table of Assignments:

Channelcity No.

Donaldsonville, Ga ------------------ 292AChester, S.C-- -------------- 1257A

I This assignment will require a site about1.5 miles south of Chester, S.C., to meet therequired minimum spacing with StationWRKB--hT, Kannapolls, N.C., operating onChannel 259, the second adjacent channel

3. RM-1271, Mobridge, S. Dak. In apetition for rule making led onMarch 13, 1968, Mobridge BroadcastingCorp., licensee of Station KOLY(AM),Mobridge, S. Dak., requests the substitu-tion of Class C Channel 258 for the un-used Class A Channel 221A in Mobridge,as follows:

Channel No.City Present Prtoposed

Mobridge, S. Dak ---------- 221A 258

Mobridge, located in north central SouthDakota, is a community of 4,391 persons,the largest in Walworth County, popula-tion 8,097, in which Selby, the countyseat, has a population of 979. KOLY(AM) is a daytime only statiom (1 kw,Class 1f), the only station at Mobridge.The petitioner has an applicatioli pend-ing (BP-17744) to increase the power ofKOLY(AM) to 5 kw, daytime only. Mo-bridge urges that because of the ruralnature of the area and its associatedsparse population density, it would notbe economically feasible to operate anFM station with the coverage limitationsinherent in a Class A channel assign-ment. It is submitted that a Class Cchannel should be substituted for thepresent Class A in order to enable a newFM broadcast station to serve as wide acoverage area as possible.

4. The petitioner shows that the entirenorthern area of South Dakota is a"white area" for FM service. The near-est other FM assignments to Mobridgeare in Pierre, S. Dak., about 80 miles

distant, with two Class A channels un-applied for, and in Aberdeen, S. Dak.,about 88 miles distant, with two Class Cchannels unapplied for. It is pointed outthat replacement of the Class A assign-ment by the proposed Class C channelwould permit a substantial "white area"to, receive its first FM service. The show-ing is based on an assumed Class C op-eration of 50 kw at 500 feet, and sinceMobridge states that it intends to applyfor an FM construction permit if theproposed change is adopted, it is assumedthat the facilities applied for would be atleast equivalent to that used in thisshowing.

5. The engineering statement filed withthe petition states that, although anumber of Class C channels are avail-able for assignment to Mobridge, theChannel 258 selection is the lowestfrequency available which it appearswould not interfere with existing tele-vision reception in the area.

6. Normally, a community the size ofMobridge is assigned a Class A channel,as has been done in this case. However,in view of the isolated location of thecommunity in a sparsely populated area,and the showing by the petitioner of the"white area" it is claimed will be served,we are inviting comments on the proposalto substitute a Class C for the Class Achannel presently assigned.

7. RM-1274, Moline, Canton, Genesco,and Aleo, Ill., and Keokuk, Iowa, andKahoka, Mo. On March 18, 1968, LeeEnterprises, Inc., permittee of Class AJF! Station WMDR, Channel 285A,Moline, Ill., filed a petition requestingsubstitution of Class B Channel 245 for285A at Moline and to make othernecessary and proposed changes in theTable as follows:

Channel No.City

Present Proposed

Moline, IL ----------------- 28 245Canton, Ill ---------------- 2M 265A or 276A.Genesoo or Aledo, IlL -------------------- 285AKeokuk, Iowa ----------- 245 237A or 244A

or 276AKahoka, Mo --------------------- 253

Moline has a population of 42,705 and itsStandard Metropolitan Statistical Area(Davenport-Rock Island-Moline, Iowa-Ill.) has a population of 270,058. Thereare four FM channels assigned to thearea, two Class C at Davenport, oneClass B at Rock Island, and one Class Aat Moline. Except for the Moline Class Aassignment, for which petitioner holdsa construction permit, all assignedchannels are in operation. There are sixAM stations operating in the same area,two unlimited-time and one daytime-only at Davenport, one unlimited at RockIsland, one Class IV at Moline, and onedaytime only at East Moline.

-8. In order for Channel 245 to beassigned to Moline, the petitioner pro-poses that it be deleted from Keokuk,Iowa (population 16,316)- where it hasneither been occupied or applied for.Keokuk has one unlimited time AM sta-tion. Although It is claimed by petitioner

that no Class C channel can be found asa replacement for Channel 245 at Keo-kuk, it is shown that there are three ClassA channels (237A, 244A, 276A), any oneof which would satisfy the technicalrequirements at Keokuk. The accom-panying engineering statement containsa comparison between the 1 mv/mcontours of a hypothetical Class C station(assuming 75 kw at 500 feet) and a ClassA station (assuming 3 kw at 300 feet) atKeokuk. The comparison reveals that a"white area" (about 300 square miles)would occur to the west ofKeokuk. It isshown that the resulting "white area"could be served by assignment of Class CChannel 253 at Kahoka, Mo. Kahoka(population 2,160) -is located in ClarkCounty about 17.5 miles west of Keokuk;there are presently no FM assignments inthe county (population 8,725).

9. Lee further points out that theassignment of Channel 253 to Kahoka,Mo., would require the deletion ofChannel 252A from Canton, Ill., forwhich a construction permit (BPH-5886)was granted on December 13, 1967, toFulton County Broadcasting Co., foroperation at Canton. It is claimed thatdiscussions with Fulton 'indicates thatthe Canton construction has not pro-gressed to the point where any hardshipwould result from modification of theoutstanding construction permit tospecify a different channel. Therefore,the petitioner requests the deletion ofChannel 252A from Canton, proposingthat Fulton's authorization for Channel252A be modified to specify either Chan-nel 265A or 276A, and it is shown thateither would be technically satisfactoryat Canton.

10. Finally, the petitioner submits thatChannel 285A, which it proposes bedeleted from Moline upon modificationof its own construction permit to specifyChannel 245, could be assigned to eitherGenesco or Aledo, Ill., which hive popu-lations of 5,169 and 3,080, respectively.Neither community has an FM assign-ment; Genesco has one daytime only AMfacility.

11. In support of its proposal, thepetitioner urges that changing theWTVIDR authorization from a Class A toa Class B Channel at Moline will enableit to serve more effectively Moline andits environs, pointing out that Moline,presently limited to a single Class A as-signment, is a principal city of theDavenport-Rock Island-Moline urban-ized area. Lee cites the criteria for a ClassB station found in § 73.206(b) (2) of therules to justify such an assignment toMoline and submits that Class B or CChannels have been assigned to smallercities than Moline in a number of in-stances. Lee also states that the othernecessary changes at Keokuk, Iowa, andCanton, Ill., will not adversely affect thepublic interest, since the number of as-signments possible there is not changed.In recognizing that changing the Keokukassignment from Class C to A will de-crease by one the services which mightotherwise be available from the com-parison of the hypothetical Class C andA stations at Keokuk, it is contended that

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the proposed first assignment to ClarkCounty, Mo. (Kahoka), will amelioratethat condition and at the same timeprovide a first opportunity for a localradio outlet in the county.

12. We consider that an urbanized areathe size of Davenport-Rock Island-Moline would ordinarily warrant a totalassignment of four Class B and C Chan-nels if it could be accomplished withoutthe expense of creating a "white area"at another location. However, we notethat compensating for the hypotheticalloss, because of the proposed substitutionof a Class A Channel for a Class C atKeokuk, Iowa, a first assignment wouldbecome available to Genesco or Aledo,Ill., by virtue of the release of the ClassA Channel presently assigned at Moline.Such action would also eliminate a mix-ture of a Class A Channel with B and CChannels in the same urbanized area.In view of these considerations, we invitecomments on the petitioner's proposal asoutlined above, including the proposedmodification of the outstanding author-ization for the recently authorized sta-tion at Canton, Ill.

13. RM-1275, Oakdale, La. On March18, 1968, C. Winsett Reddoch, a memberof a partnership which is the licensee ofKREH(AM), Oakdale, La., filed a peti-tion requesting the first FM assignmentto Oakdale, La., as follows:

Channel No.city

Present Proposed

Oakdale, La ----------------------------- 221A

Oakdale, La., with a population of 6,618persons, is the largest city within AllenParish, population 19,867, with the par-ish seat, Oberlin, having a populationof 1,794. Oakdale has one broadcast sta-tion, KREH(AM), licensed to LouisianaBroadcasting Service fcr daytime onlyoperation with 250 watts. Applicant sub-mits that the proposed provision of a firstFM outlet for Oakdale would permit the"one and only" nighttime local radioservice to a community and area wherenone now exists. Reddoch claims that thenearest nighttime service to Oakdale isStation KALB-FM, located at a distanceof some 35 miles.

14. It is noted that the proposed Chan-nel 221A is immediately adjacent to theeducational portion of the FM broadcastband (Channels 201-220). A notice of in-quiry, adopted November 9, 1966, DocketNo. 14185, FCC 66-1007, invited com-ments on a table of assignments for theeducational FM band. Study is currentlybeing given to the formulation of an edu-cational FM table. Pending finalizationof such a table, additional assignments onChannels 221A, 222, and 223 are avoidedwhere possible to avoid preclusion of ar-riving at an efficient table of assignmentsfor educational Channels 218, 219, and220. The petitioner's engineering studyrevealed another Class A channel couldbe -assigned to Oakdale, but with a re-stricted antenna site. The channel was

not further identified. It has been'deter-mined, however,.that Channel 285A couldalso be assigned to Oakdale, since itappears to meet all spacing requirements,and, in particular, would avoid potentialconflict with the educational table of as-signments presently under development.

15. Since the basic proposal being con-sidered here would assign a first Class AFM assignment to a community withoutany local nighttime service, we are of theview that comments should be invited onthe petition as outlined above. In addi-tion, in view of the availability of anotherchannel which would avoid potentialconflict with establishment of an educa-tional FM table, we are also inviting com-ments on the advantage of assigningalternate Channel 285A, as follows:

Channel No.city Present Proposed

Oakdale, La --------------------------- 221A, or 285A

Proponents of Channel 221A should indi-cate the possible impact on availabilityof educational Channels 218, 219, and 220in the general area.

16. RM-1280, Egg Harbor City, At-lantic City, and Pleasantville, N.J. OnMarch 25, 1967, Rodio Radio, Inc., li-censee of Station WNJH (AM daytimeonly), Hammonton, N.J., filed a petitionfor a rule making requesting the assign-ment of Channel 285A to Egg HarborCity, N.J., by removing the channel fromPleasantvile, N.J., and adding Channel257A to Atlantic City, N.J., as follows:

Channel No.City

Present Proposed

Atlantic City, N.- 236,245,279 236, 245, 257A,279

Egg Harbor City, NJ .---------------- -285APleasantville, NJ ------ 285A -----------------

Egg Harbor City, a community of 4,416persons, Is located about 12 miles south-east of Hammonton (population 9,854)and 15 miles northwest of Atlantic City(population 59,544). All of the namedcommunities are located in AtlanticCounty, which has a total population of160,880. Pleasantville, having a popula-tion of 15,172, is a part of the AtlanticCity Urbanized Area with a populationof 124,902.

17. The petitioner states that it deter-mined from an engineering study thatthe only FM chanriel that could be allo-cated to the Hammonton area (whereit operates WNJH(AM)) under the ruleswas Channel 285A, which is presently as-signed to Pleasantville, N.J 2 However, onFebruary 7, 1968, the mutually exclusive

2 Since Hammonton and Pleasantvllle areabout 23 miles apart, application for use ofthe Pleasantville Channel 285A in the Ham-monton area would have been acceptable un-der the then existing "25-mile" provision of§ 73.203(b) of the rules. It should be notedthat the "25-mile" provision of this rule hasbeen modified, effective June 4, 1968 (Docket17969, FCC 68-454).

applications of WMID, Inc. (BPH-5958)and Atlantic City Broadcasting Co.(BPH-6060) for operation of Channel285A at Pleasantville, N.J., were desig-nated for hearing (Dockets 18005 and18006), thereby barring acceptance ofany further application for the same as-signment at Hammonton subsequent tothat date In view of these circumstancesRodio now proposes a plan wherebyChannel 285A would be assigned to EggHarbor City by removing it from Plea.-antville and adding Channel 257A to Ac-lantic City as a replacement. It is sub-mitted that the two pending applicationsfor the Pleasantville channel proposetransmitter sites in Atlantic City, andthat it would, only be necessary for theapplicants to amend their applications tospecify the proposed new assignment ofChannel 267A at Atlantic City, since allother factors would remain the same.

18. In support of its contention of needfor a new FM service, Rodio submits thatthe rural communities making up theHammonton-Egg Harbor complex havepeculiar program and public serviceneeds, and that it would permit an exten-sion of the local daytime only agricul-tural and farm programing of par-ticular interest to the predominant truckand farm population of rural South Jer-sey. It is claimed that the proposedchanges in channel assignments wouldconform to the technical requirementsof the rules.

19. The petitioner's proposal to addChannel 257A to Atlantic City would re-sult in a fourth FM assignment to thatcommunity. Under the criteria used inestablishing the FM Table, an attemptwas made to assign two to four Class Bchannels to a city the size of AtlanticCity. However, the petitioner's proposalwould involve a mixture of Class A andB channels in the same community, a re-sult we have attempted to avoid wherepossible, particularly when the commu-nity is considered to have its fair share ofavailable channels. It is assumed thatthe principal reason petitioner does notpropose assigning Channel 257A atPleasantville as a substitute for 285A isthat it would not meet spacing require-ments with respect to the reference pointin that community. We note, however,that both of the sites presently specifiedby the Pleasantville applications, now inhearing, will meet the spacing require-ments of the rules for Channel 257A. Forthese reasons, we are proposing thatChannel 257A be assigned to Pleasant-ville in lieu of Atlantic City. We thereforeare inviting comments on the petitioner'sproposal insofar .as it concerns assign-ing Channel 285A to Egg Harbor City byshifting it from Pleasantville, and on ourown alternate proposal to assign Chan-

3 on Feb. 13, 1968, Rodio Radio, Inc., ten-dered an application for a construction per-mit for Channel 285A at Hammonton-EggHarbor City, N.J. Rodio's simultaneously filedpetition for waiver of § 1.591(b) (1) of therules to permit acceptance of the late-filedapplications was denied on Mar. 13, 1968, byCommission order (FCC 68-280).


7588


nel 257A as a replacement at Pleasant-ville, as follows:

Channel No.City

Present , Proposed

Egg itrbor -y - --- 285aPlesntill, NJ --- - 285 257A

If this proposal is adopted, the hearingapplicants will be allowed to amend theirapplications accordingly to specify Chan-nel 257A.

20. Webster City and Perry, Iowa. Inaddition to the changes proposed by in-terested parties, the Commission wishesto make changes on its own motion inWebster City and Perry, Iowa. Channel249A was inadvertently assigned toWebster City short-spaced to Channel247 at Des Moines, Iowa (second adja-cent channel). It is proposed to shift

Channel 285A from Perry, where it isneither occupied nor applied for, to Web-ster City and replace the Perry assign-ment with Channel 288A as follows:

Channel No.city

Present Proposed

Webster City, Iowa -------- 249A 295APerry, Iowa ---------------- -285 288

21. Authority for the adoption of theamendments proposed herein is con-tained in sections 4(i), 303, and 307(b)of the Communications Act of 1934, asamended.

22. Pursuant to applicable proceduresset out in § 1.415 of the Commission'srules, interested parties may file com-ments on or before June 25, 1968, andreply comments on or before July 5;1968. All submissions by parties to this

7589

proceeding or by persons acting in be-half of such parties must be made inwritten comments, reply comments, orother appropriate pleadings.

23. In accordance with the provisionsof § 1.419 of the rules, an original and14 copies of all written comments, re-plies, pleadings, briefs, or other docu-ments shall be furnished to the Commis-sion.



FEDERAL COMMUNICATIONSCoMMss ON,


[F.R. Doc. 68-6092; Filed, May 21, 1968;8:47 a.m.]

4Comnmissloners Hyde, Chairman; andLoevinger absent.

FEDERAC PEGISTER, VOL. 33, NO. 100-WEDNESDAY, MAY 22, 1968

NoticesDEPARTMENT OF THE

Bureau of Land Man

ASSOCIATE DIRECTOI

Delegations of AulThe following redelegati

thority of the Director, BuManagement, to enter intocontracts is a part of the:ual, and the nimbering ,Manual.

1510-PROCURz

1510.03 Authority. * *B. Delegations. * * *2. Procurement authorit

employees of the Bureaugated authority in this seproperly redelegated authoing, may enter into contracthe Government, and therthe limits of that authorit

b. Associate Director, Astor-Administration, Chief,Administrative Services,Branch of Procurement. Ethe authority granted to t1Department of the Interiortions 205.11.1 and 205.11.2following limitations in addstated therein:

(1) Contracts in excess ogotiated under section 302FPAS Act, as amended, muby the Director.

(2) Contracts negotiatetion 302(c) (11) of the FPApreceded by a determinatiings by the Director, if $25or by the Secretary if the$25,000.

c. Service Center Directmally advertised contracts.205 DM 11.1, may enter iafter formal advertisingamount.

(2) Leases of space inPursuant to section 52 cOrder 2509, as amended, mleases of space in real estthat the conditions set foz101-18.106 are met.

(3) Negotiated contractinto negotiated contracts wtising pursuant to sections(15) of the FPAS Act, as athe following limitations:

(a) Negotiation under s(1) is restricted to contraciing $25,000.

(b) Negotiation under s(11) must be preceded bytion and findings by the 1proposed contract does$25,000. If the contract exa determination and findinretary is required.

INTERIOR (c) Negotiation under sections 302(c)INTERIOR (12) and (13) requires a determination

agement and findings by a Secretarial officer.(d) Note. Service Center Contracting

R ET AL. Officers send a copy of each contract

thority negotiated under sections 302(c) (4),,(10), (11), (12), and (13) of the FPAS

on of the Au- Act, complete with the supporting deter-reau of Land mination and findings, RFP, and ab-procurement stract of proposals, to the Director, 735a.

Bureau Man- (4) Established sources o1 supply. Maythat of the procure necessary supplies, capitalized

equipment and services from established[ENT sources of supply, regardless of amount.. . (5) Capitalized equipment. In accord-. ance with Bureau Manual 1511.06G,

procures all capitalized property required

y. Only those by BLM field offices.

vho are dele- d. State Directors-(1) Negotiatedction, or are contracts. May enter into negotiated con-)rity in writ- tracts without advertising pursuant tots which bind section 302(c) (2) of the FPAS Act, as1 only within amended, for rental of equipment and;y. aircraft covered by offer agreements

necessary for the purpose of emergency* * fire suppression.

sistant Direc- (2) Open market purchasing. MayDivision of enter into contracts pursuant to sectionand Chief, 302(c) (3) of the FPAS Act, as amended,

xercise all of for suliplies and services, excludingie Director in capitalized property, not to exceed $2,500;Manual, sec- and contracts for construction not to2, within the exceed $2,000: Provided, That the re-Uition to those quirement is not available from estab-

lished sources of supply.df $25,000, ne-

(c) (1) of the (3) Established sources of supply. May

st be executed procure necessary supplies and services,except capitalized property, available

d under see- from established sources of supply re-S Act must be gardless of amount.on and find- e. Managers, Outer Continental Shell,000 or under, Oflces-(1) Open market purchasing.cost exceeds May enter into contracts pursuant to

section 302(c) (3) of the FPAS Act, asors-1) For- amended, for supplies and services, ex-pursuant to cept capitalized equipment, not to exceed

nto contracts $2,500 per transaction, provided that theregardless of requirements are not available from

established sources.real estate. (2) Establishedsources of supply. May

of Secretary's procure supplies and services excepttay enter into capitalized equipment from establishedate, provided sources of supply not to exceed $2,500rth in FPMR per transaction.

f. Directors, Job Corps Conservations. May enter Centers-Cl) Negotiated contracts. Mayithout adver- enter into negotiated contracts without

(1) through advertising pursuant to section 302 (c) (9)mended, with of the FPAS Act, a amended, to secure

perishable subsistence, regardless ofection 302(c) amount. Its not exceed- (2) Open market purchasing. May

enter into contracts pursuant to sectionection 302(c) 302(c) (3) of the FPAS Act, as amended,a determina- for supplies and services except capital-

trectr if the ized equipment not to exceed $2,500, andnot exceed

ceeds $25,000, construction contracts not to exceedgs by the Sec- $2,000: Provided, That requirements are

not available from established sources.

(3) Established sources of supply. Mayprocure necessary supplies and servicesexcept capitalized equipment from estab-lished sources of supply regardless ofamount.

g. Director, BIFC-(1) Negotiatedcontracts. May enter into negotiatedcontracts without advertising pursuantto section 302(c) (2) of the FPAS Act, asamended, for rental of equipment andaircraft covered by offer agreements, andfor purchase of supplies, services, andcapitalized equipment (excluding ve-hicles), necessary for emergency firesuppression.

(2) Open market purchasing. May en-ter into contracts, pursuant to section302(c) (3), for supplies and services notto exceed $2,500, and for construction notto exceed $2,000: Provided, That the re-quirements are not available from estab-lished sources. Capitalized equipment(excluding vehicles) may be procuredunder this authority only when necessaryin emergency fire suppression situations.

(3) Established sources of supply. Mayprocure necessary supplies and servicesexcept capitalized equipment from estab-lished sources of supply regardless ofamount. Capitalized equipment may bepurchased in emergency fire suppressionsituations only.

h. Hearing Examiners-l) Open mar-ket purchasing. May enter int6 contractsunder section 302(c) (3) of the FPAS Act,as amended, for stenographic reportingservice not to exceed $2,500 .per transac-tion, and for supplies and other servicesnot to exceed $500 per transaction: Pro-vided, The requirements are not avail-able from established sources.

(2) Established sources of supply. Mayprocure stenographic reporting serviceregardless of amount, and supplies andservices not to exceed $2,500 per trans-action, from established sources ofsupply.

C. Redelegation. The officials delegatedauthority under .03B2 above, may, inwriting, redelegate all or any part of thisauthority granted them to any qualifiedemployees under their jurisdiction. Pro-curement authority carries with it a highdegree of responsibility in that it author-izes a commitment of the Government'smoney. Therefore, redelegate this au-thority only to those who demonstrateability and responsibility to perform inaccord with established contracting pro-cedures, and who possess sound judgmentand integrity. Delegations should corre-spond to overall responsibilities andduties of staff positions, so that programsare carried out efficiently, yet with ade-quate control.,

BoYD L. RAsMUssEN,Director.

MAY 15, 1968.[P'.R. Doc. 68-6051; Filed, May 21, 1968;

8:46 am.]


NOTICES

[Serwl No. N-818]

NEVADA

Notice of Proposed Classification forDisposal

MAY 15, 1p68.Notice is hereby given of a proposal

to classify the lands described below fordisposal in accordance with section 2 ofthe Classification and Multiple-Use Actof September 19, 1964 (78 Stat. 986, 43U.S.C. 1412). Disposal of the lands isauthorized by the Public Land Sale Actof September 19, 1964 (78 Stat. 988, 43U.S.C. 1421-1427).

This proposal has been discussed withlocal governmental officials and other in-terested parties. Information derivedfrom discussions and other sources in-dicates that these lands meet the criteriaof 43 CFR 2410.1-3(d) (2), which governsclassification of lands under the Classifi-cation and Multiple-Use Act for sale un-der the Public Land Sale Act where theyare "chiefly valuable for residential,commercial, agricultural, or industrialuses or development (other than grazinguse or use for raising native foragecrops), if (i) adequate zoning regulationsare in effect, and, where the lands alsoare needed for urban or suburban devel-opment, (ii) adequate local governmentalcomprehensive plans have been adopted".Adequate zoning regulations are in ef-fect. The Board of County Commission-ers of Clark County has approved theproposed sale with the understandingthat any development will conform to allapplicable Clark County codes. Each suc-cessive stage of development will requireadvance approval by the PlanningDepartment and County Commission.

Publication of this notice will segre-gate the affected lands from all forms ofdisposal under the public land laws, in-cluding the mining laws, except the formof disposal for which it is proposed toclassify the lands (43 CFR 2243.2-6).

All mineral deposits in lands sold underthe authority of the Public Land SaleAct will be reserved to the United Statesand withdrawn from appropriation un-der the public land laws, including thegeneral mining laws.

Information concerning the lands, in-eluding the record of public discussions,is available for inspection and study atthe Bureau of Land Management, Fed-eral Building, 300 Booth Street, Reno,Nev. For a period of 60 days from thedate of this publication, interestedparties may submit comments to the Dis-trict Manager, 1859 North DecaturBoulevard, Las Vegas,; Nev. 89108.

The lands affected by this proposal arelocated in Clark County and are de-scribed as follows:

MoUNT DZaLo bfnmiAN, NEVADA

T. 17 S., P,. 58 E.,Sec. 14, NWI/4SW , SVsw4;Sec. 15, W NE!, W , SE%;Sec. 16, all;Sec. 21, all;Sec. 22, all;See. 23, all;Sec. 24, WV2;

Sec. 25, WW ;Sec. 26, all;Sec. 35, all.

Containing 5,000 acres.

For the State Director.

ROLLA E. CHANDLER,Acting Manager,

Nevada Ltand Office.[F.R. Doc. 68-6052; Filed, May 21, 1968;

8:46 am.]

NEVADA

Order Opening Public Lands

MAY 14, 1968.

1. In exchanges of lands made underthe provisions of section 8 of the Act ofJune 28, 1934 (48 Stat. 1269), as amended(43 U.S.C. 315g), the following landshave been reconveyed to the UnitedStates:

MOUNT DIABLO IERZMIAN

(N-1124, 1648, 1425)

T. 17 N., B. 24 E.,Sec. 27, NEY4, SV2.

T.30 N., B. 34 E.,Sec. 35, NWI 4 .

T. 37 N., R. 38 E.,See. 9, sV2swV4 , SW SE .

(N-1882, 2102, 1174)

T. 11 N., R. 43 E.,Sec. 29, E /NE/ 4 .

T. 37 N., R. 51 E.,Sec. 26, Sw VN, NW/ 4 NW14 , S2NW!/4,

N SE ;Sec. 27, N/ 2 NE/ 4 , NE1/4 NWV4 ;Sec. 35, SW/ 4 NB., SE/ 4 NWV4, NW/ 4 SE/ 4 .

T. 29 N., R. 52 E.,Sec. 1;Sec. 15, E ;Secs. 23, 25, 35.

T. 33 N., R. 52 E.,Sec. 1;Sec. 5, lot 4, SW1/4 NWI/4 , SW1/4, S /2SE /4,

except a strip of land heretofore con-veyed;

Sec. 12, E/ 2 ;Sec. 13;Sec. 21, N , SWl/4 SWI, EI/SWj/4, SE%;Sec. 24, E W 2 ;Sec. 28, NEy4 NW/ 4 , SW 4NW'/4 , NEY4SW ,

except a parcel of ground heretoforeconveyed.

T. 34 N., R. 52 E.,Sees. 13, 25;Sec. 31, lots 3, 4, E/ 2 SW/, S'ASE, except

2 parcels of ground heretofore conveyed;Sec. 35, EYNE /4, SW 4 NE/ 4 , BE.1/4

(N-2102, 1732, 1174, 1121)

T. 37 N., B. 52 E.,Sec. 2, SE/ 4 SW4, SW1SE4;Sec. 11, -E/4 , EVW 2 , SWY/SEY,;Sec. 14, W NW/ 4 ;Sec. 17, NWI/4 NWI/4 ;Sec. 18, NEll4NE/.

T. 38 N., R. 52 E.,Sec. 2, SW4NW 4 .

T. 39 N., B. 52 E.,Sec. 19, SE SW ;Sec. 29, Wy2 SE4;Sec. 31, NWWNE4.

T. 29 N., R. 53 E.,Sec. 15, W/;Sec. 33, N12 .

T. 30 N., R. 53 E.,Sec. 31.

T. 31 N., R. 53 E.;Sec. 21, all, except a parcel.df land hereto-

fore conveyed;Sec. 23, S/N , S ,

7591

(N-2102, 1732)

T. 33 N., R. 53 E.,Sec. 5;Sec. 6, lots 4, 5, 6, 7;Sec. 7;Sec. 8, W/ 2 NW,/4, SE'ANW%.

T. 34 N., R. 53 E.,Sec. 16, SE/ 4 NW4,NW2/4 SW4;Sec. 20, NE

1SW1

/4 , SW14SW1;Sec. 30, SE 4N , WSE . .

T. 38 N., R. 53 X,Sec. 17, SE SW ;Sec. 28, SEIANEV/.

(N-no3, 1121, 1732)

T. 31 N., R. 54 E.,Sec. 25, W E ;Sees. 27,33;Sec. 35, N 12, SW%, NI/2 SE/ 4 , SW/SEI/.

T. 32 N., R. 54 E.,Secs. 23, 25, 35.

T. 39 N., R. 54 E.,Sec. 9, SW'ASW/ 4 ;Sec. 16, NE 4 ;Sec. 17, SW/ 4 NWIV4 ;Sec. 18, SE/ 4NEIA;Sec. 23, WI/2 SWI/ 4 , SE/4 SW/ 4 .

T. 32 N., R. 55 E.,Secs. 19, 31;

(N-1532, 1796, 2202)

T. 39 N., 1. 61 E.,Sec.- 14, W1 2E1;Sec. 31, lots 1, 2,3, NEI/4 , E -NW/ 4 .

T. 46 N., R. 62 E.,Sec. 1, NE SW/4 ;Sec. 12, NW/SW ;See. 14, NE /NEV4;Sec. 27, SEI/4 NW .

T. 31 N., B. 63 E.,Sec. 1, SWs/ 4 SW1/4 ;Sec. 12, NWN4 NW/ 4 .

T. 46 N., R. 63 E.,Sec. 3, NW/ 4SWV4..

T. 47 N., R. 63 E.,Sec. 13, NWI4SE4;Sec. 26, SW 4 NW'/ 4 .

(N-2202, 1278)

T. 31 N., R. 64 E.,Sec. 6, SE NW 4 .

T. 33 N., R. 64 E.,See. 29, SWSEI/4 ;Sec. 32, SE NE .

T. 34 N., R. 66 E.,Sec. 13, all, except a parcel of ground here-

tofore conveyed.T. 35 N., R. 67 E.,

See. 13, all, except 2 parcels of ground here-tofore conveyed;

Secs. 25, 33, 35.T. 36 N., R. 67 E.,

Sees. 1, 3, 5, 9, 11, 13, 15, 23, 25.T. 21 S., R. 53 E.,

Sec. 14, SEVASWY4.

The areas described aggregate ap-proximately 28,989 acres.

2. Minerals were conveyed in the fol-lowing describe& lands only:.

Mou T DiALO MMUMIAN

T.-17 N., R: 19 ..,See. 16, SE'ANE , W/SE4.

T. 17 N., R. 24 E.,Sec. 27, NE/ 4 , S 2.

T. 30 N., R. 34 E.,Sec. 35, NWI 4 .

T. 11 N., R.43 E.,Sec. 29, E 2 NEy4 .

T. 31 N., R. 63 E.;Sec. 1, SWV/SW/;Sec. 12, NW/ 4 NW4.

T. 31 N., R. 64 E.,Sec, 6, SDB}4NW .

T. 33 N., R. 64 E.,Sec. 29, SW 4SE4;Sec. 32, SEY&NE4.

No. 100----6FEDERAL REGISTER, VOL. 33, NO. 100-WEDNESDAY, MAY 22, 1968

7592

T. 21 S., R. 53 E.,Sec. 14, SE 4 SWV4 .

3. All minerals except petroleum, oiland natural gas and products derivedtherefrom were conveyed on the follow-ing described land:

MouNT DALo IMERIDLA-

T. 37 N., R. 38 E.,Sec. 9, SYSWV4, SW/ 4 SE.4.

4. The land in T. 17 N., R. 24 E., is lo-cated about 35 miles east of Carson Cityon a rough volcanic extrusion known asChurchill Butte. Vegetation is primarilybig sagebrush with an understory of na-tive grass.

5. The land in T. 30 N., R. 34 E., liessouth of Unionville, Nev., in the foothillsof the Humboldt Range.

6. The land in T. 37 N., R. 38 E., issituated 8 miles north of Winnemucca,Nev., adjacent to the Humboldt CountySand Dunes Recreation Site. Topographyis broken and gently rolling. Vegetationis sparce or nonexistent.

7. The land in T. 11 N., R. 43 E., is lo-cated in Smoky Valley, north of RoundMountain, Nev. Vegetative cover consistsof big sagebrush and rabbitbrush withan understory of alkali sacaton and salt-grass.

8. The lands in T. 37 N., R. 51 E., Tps.37, 38, and 39 N., R. 52 E., T. 38 N., R,53 E., and T. 39 N., R. 54 E., are locatednorthwest of Elko, Nev. The terrain Ishilly to mountainous. Soils are generallyshallow. Vegetation is sage, rabbitbrush,and other browse.

9. The lands in Tps. 29, 33, and 34 N.,R. 52 E., and Tps. 29, 30, 31, 33, and 34N., R. 53 E., lie southwest and west ofElko, Nev. Topography varies fromgently rolling to steep and mountainous.Soils are generally shallow, highly erod-ible and relatively unproductive in theirnatural state.

10. The lands in Tps. 31 and 32 N., R.54 E., and T. 32 N., R. 55 E., are locatedsouthwest of Elko, Nev. The terrain isflat to gently rolling hills. Vegetationconsists of big sage with an understory ofbluegrass, cheatgrass and squirreltail.

11. The land in T. 39 N., R. 61 E., liesnorthwest of Wells, Nev., in the vicinityof Tabor Creek Flats. The terrain isgently rolling.

12. The land in Tps. 46 and 47 N., Rs.62 and 63 E., are in northeastern ElkoCounty, west of Jackpot, Nev. Soils areshallow and stbny. Elevations rangefrom 5,000 to 6,500 feet.

13. The lands in T. 31 N., R. 63 E., andTps. 31 and 33 N., R. 64 E., lie southeastof Wells, Nev., in thd vicinity of SpruceMountain. Elevation is from 6,000 to8,000 feet. Topography is rolling to mod-erately rough.

14. The lands in T. 34 N., R. 66 E., T.35 N., R. 67 E., and T. 36 N., R. 67 E., arelocated west of Wendover, Utah, in ElkoCounty, Nev. Topography varies fromgentle on the Goshute Valley Plain torolling aild rough in the mountains andfoothills.

15. The land in T. 21 S., R. 53 E., liesin Pahrump Valley, -Nye County, Nev.The terrain is level with fairly deepsandy soils.

NOTICES

16. Subject to valid existing rights, theprovisions of existing withdrawals, andthe requirements of applicable law, thelands described in paragraph 1 arehereby opened to operation of the publicland laws generally; the lands describedin paragraphs 2-and 3 are opened addi-tionally to location under the mininglaws and to mineral leasing, except thatthe lands in paragraph 3 are not open toleasing for petroleum, oil, natural gas, orproducts derived therefrom. All valid ap-plications received at or prior to 10 a.m.on June 18, 1968, shall be considered assimultaneously fled at that time. Thosereceived thereafter shall be consideredii. the order of fling.

17. Inquiries concerning the landsshould be addressed to the Manager,Land Office, Bureau of Land. Manage-ment, 300 Booth Street, Reno, Nev.89502.

ROLLA E. CHANDLER,Land Office Manager.

[FTh. Doe. 68-6053; Filed, May 21, 1968;8:46 am.]

[Serial No. U-5061]

UTAH

Notice of Proposed Classification ofPublic Lands for Multiple-UseManagement

1. Pursuant to the Act of September 19,1964 (78 Stat. 986; 43 U.S.C. 1411-18),and to the regulations in Title 43 CFR -Parts 2410 and 2411, it is proposed toclassify for multiple-use management thepublic lands within the area describedbelow. Publication of this notice has theeffect of segregating the described landsfrom appropriation only upader the agri-cultural land laws (43 U.S.C., Parts 7 and9; 25 U.S.C. sec. 334), and from salesunder section 2455 of the RevisedStatutes as amended (43 U.S.C. 1171).The lands shall remain open to all otherapplicable forms of .appropriation, in-cluding the mining and mineral leasinglaws. As used herein, "public lands"means any lands withdrawn or reservedby Executive Order No. 6910 of Novem-ber 26, 1934, as amended, or within agrazing district established pursuant tothe Act of June 28, 1934 (43 Stat. 1269),as amended, which are not otherwisewithdrawn or reserved for a Federal useor purpose.

2. The public lands affected are thoseadministered by the Bureau of LandManagement within the following -de-scribed areas in Utah County, Utah:

SALT AC TERIDIAN, UTAHT. 5 S., R. 3 W.,

Secs. 33 and 34.T. 6 S., R. 2 W.,

Secs. 6 and 7.Tps. 6,7, and 8 S., R. 3 W.T. 9 S., Rs. 2 and 3 W.T. 10 S., R. 1W.,

Secs. 34 and 35.T. 10 S., R. 2 W.,

Sec. 35.T. 11S., Rs. 1 and 2 W.T. 12 S., R. 2 W.

The public domain lands within thearea described aggregate approximately56,109 acres.

3. For a period of 60 days from the dateof publication of this notice in theFEDERAL REGISTER, all persons who wishto submit comments, suggestions, orobjections in,connection with the pro-posed classification may present theirviews in writing to the District Manager,Bureau of Land Management, Post OfficeBox 778, Fillmore, Utah 84631; or to theDistrict Manager; Bureau of Land Man-agement, 1750 South Redwood Read,Salt Lake City, Utah 84104; or to theState Director, Bureau of Land Manage-ment, Post Office Box 11505, Salt LakeCity, Utah 84111.

4. The records and maps depictingthese lands are on file and may be viewedat the Bureau of Land Management'sdistrict office, 1750 South Redwood Read,Salt Lake City, Utah; in the Fillmoredistrict office, Fillmore, and the Stateoffice, Federal Building, Salt Lake City,Utah.

5. A public hearing -on the proposedclassification will be held June 6, 1968at 1 p.m., in the County CommissionChambers, Utah County Courthouse,Provo, Utah.

R. D. NIELSON,

State Director.


[Wyoming 126161

WYOMING

Notice of Proposed Classification of'Public Lands

Correction

In F.R. Doe. 68-5636 appearing at page7089 in the issue of Saturday, May 11,1968, the following correction should bemade: The 56th line of the second col-umn on page 7090 which now reads "Sec.33, WY2 NE S"V2 NWY4 , and SY2 ;" shouldread "Sec. 33, W/2NE , SY/NW1/4, and

[Wyo-ing 126171

WYOMING -

Proposed Classification of PublicLands for Multiple-Use Management

Correction

In F.R. Doe. 68-5637 appearing at page7090 in the issue of Saturday, May 11,1968, the following correction should bemade: On page 7091, the 46th line ofcolumn one which now reads "along sec-tion lines to the southwest corner"should read "along section lines to thesoutheast corner".

Fish and Wildlife Service[Docket No. G-408]

RALPH J. SMITH

Notice of Loan Application

Ralph J. Smith, 1607 West Fith'Street, Freeport, Tex. 77541, has applied


NOTICES

for a loan from the Fisheries Loan Fundto aid in financing the purchase of aused 72-foot length overall wood vesselto engage in the fishery for shrimp.

Notice is hereby given pursuant to theprovisions of Public Law 89-85 andFisheries Loan Fund Procedures (50CFR Part 250, as revised Aug. 11, 1965)that the above-entitled applications isbeing considered by the Bureau of Com-mercial Fisheries, Fish and Wildlife Serv-ice, Department of the Interior, Wash-ington, D.C. 20240. Any person desiring tosubmit evidence that the contemplatedoperation of such vessel will cause eco-nomic hardship or injury to efficient ves-sel operators already operating in thatfishery must submit such evidence inwriting to the Director, Bureau of Com-mercial Fisheries, within 30 days fromthe date of publication of this notice.If such evidence is received it will be

,evaluated along with such other evidenceas may be available before making adetermination that the contemplated op-erations of the vessel will or will notcause such economic hardship or injury.

J. L. McHuGH,Acting Director,

Bureau of Commercial Fisheries.


National Park Service[Order No. 2]

ADMINISTRATIVE OFFICER, PIN-NACLES NATIONAL MONUMENT

Delegation of Authority RegardingExecution of Contracts for Supplies,Equipment, or Services1. The Administrative Officer may ex-

ecute, approve, and administer contractsnot in excess of $2,000 for supplies,equipment, or services, in conformitywith applicable regulations and statu-tory authority, and subject to availabil-ity of appropriations.

2. Revocation: This order supersedesOrder No. 1, dated July 18, 1963.(National Park Service Order No. 34 (31P.R. 4255); 39 Stat. 535, 16 U.S.C.; see. L2,Western Regional Order No. 4 (31 F.R. 5577))

Dated: April 26, 1968.

GORDON K. PATTERSON, /Superintendent,

Pinnacles National Monument.


DEPARTMENT OF AGRICULTUREAgricultural Research Service

[P.P.C. 639]

JAPANESE AND WHITE-FRINGEDBEETLES, EUROPEAN CHAFER, ANDIMPORTED FIRE ANT

List of Approved Laboratories Au-thorized To Receive Soil SamplesWithout Certification or Permit

Pursuant to the Japanese Beetle,White-fringed Beetle, European Chafer,

and Imported Fire Ant Quarantines (No-tices of Quarantines Nos. 48, 72, 77, and81; 7 CFR 301.48, 301.72, 301.77, and301.81), sections 8 and 9 of the PlantQuarantine Act of 1912, as amended, andsection 106 of the Federal Plant PestAct (7 U.S.C. 161, 162, 15Oee), the listof approved laboratories (31 F.R. 14363)authorized to receive soil samples of onepound or less without certification orpermit from areas regulated under thesaid notices of quarantines and supple-mental regulations pertaining thereto is.hereby revised to read as follows:

Laboratory, address:ALABAMA

Agronomy Department, Soil and Water Con-servation Research Division, ARS, AuburnsUniversity, Auburn.

Auburn University Soil Testing Laboratory,Funchess Hall, Auburn University, Auburn.

Dixie Laboratories, Inc., 155 BeauregardStreet, Mobile.

L. R. Johnston Co., Inspection Bureau, 2650Government Boulevard, Mobile.

F. S. Royster Guano C6., Soil Test Labora-tory, 62 Ninth Street, Post Office Box 308,Montgomery.

A. W. Williams Inspection Co., 208 VirginiaStreet, Mobile.

ARIZONA

Southwest Rangeland Hydrology ResearchWatershed, Post Office Box 3926, Tucson.

U.S. Water Conservation Laboratory, Route2, Box 816-A, Tempe.

ARKANsAs

University of Arkansas Experiment StationSoil Testing Laboratory, Marianna.

CALIFORNIA

Frenso Field Station, 4816 East Shields Ave-nue, Fresno.

Quality of Water Laboratory, Water Re-sources Division, U.S. Geological Survey,345 Middlefield Road, Menlo Park 94025.

Southwestern Irrigation Field Station, Post- Office Box 1339, Brawley.U.S. Salinity Laboratory, Post Office Box

672, Riverside.COLORADO

Analytical Laboratory, Geologic Division,U.S. Geological Survey, Building 25, Fed-eral Center, Denver 80225.

Branch of Quality of Water Laboratory,Water Resources Division, U.S. GeologicalSurvey, Federal Center, Denver 80225.

Engineering Geology Laboratory, GeologicDivision, U.S. Geological Survey, FederalCenter, Denver 80225.

Exploration Research Laboratory, GeologicDivision, U.S. Geological Survey, FederalCenter, Denver 80225.

Hydrologic Laboratory, Water ResourcesDivision, U.S. Geological Survey, FederalCenter, Denver 80225.

Nitrogen Laboratory, Post Office Box 758,Fort Collins.

Paleontology and Stratigraphy Laboratory,Geologic Division, U.S. Geological Survey,Federal Center, Denver 80225.

Palynology Laboratory, Geologic Division,U.S. Geological Survey, Federal Center,Denver 80225.

Pesticide Laboratory, Water Resources Divi-sion, U.S. Geological Survey, Federal Cen-ter, Denver 80225.

USDA Central Great Plains Field Station,Box K, Akron.

CONNECTICUT

Chas. Pfizer & Co., Inc., Eastern Point Road,Groton 06340.

Consolidated Cigar Corp., 181 Oak Street,Glastonbury 06033.


DISTRICT OF COLUMBIA

Analytical Laboratory, Geologic Divisien,U.S. Geological Survey, Navy Yard Annex,Washington 20242.

'Branch of Quality of Water Laboratory, WaterResources Division, U.S. Geologicaf Survey,Room 117, Old Post Office Building, Wash-ington 20242.

Carbon 14 Laboratory, Isotope GeologyBranch, Geologic Division, U.S. GeologicalSurvey, Washington 20242.

FLORIDA

American Agricultural Chemical Co. SoilTesting Laboratory, Pierce 33867.

Armour Agricultural Chemical Co., EastEighth Street and Talleyrand Avenue, PostOffice Box 3007, Jacksonville 32200.

Collier County Soil Laboratory, CountyCourthouse, Naples 33940.

Dade County Soils Laboratory, Homestead33030.

Escambia County Soils Laboratory, Room308, County Courthouse, Pensacola 32501.

Flowers Analytical Laboratories, Post OfficeBox 587, Altamonte Springs 32701.

W. R. Grace & Co., Post Office Box 36, FortPierce 33450.

International Minerals and Chemical Corp.,• Post Office Box 467, Mulberry 33860.Law Engineering Testing Co., Post Office Box

632, Cape Canaveral 32920.Law Engineering Testing Co., Post Office Box

5738, Jacksonville 32207.Law Engineering Testing Co., Post Office Box

5742, Orlando 32805.Law Engineering Testing Co., Post Office

Box 10476, Tampa 33609.Dr. Ralph Miller's Laboratory, 701 South

Hyer Orlando 32800.Robert G. Miller Laboratory, Post Office Box

8245, Fort Pierce 33450.H. W. Myers and Associates, Post Office Box

681, Sebring 33870.Peninsular Engineering Testing Co., 1204

Harbor City Boulevard, Eau Gallie 32935.Plantation Field Laboratory, Post Office Box

9087, Fort Lauderdale 83300.Polk County Fertilizer Co., Post Office Box

366, Haines City 33844.Soil Testing Laboratory, Agricultural Exten-

sion Service, Gainesville 32601.Southern Analytical Laboratory, Inc., 2471

Swan Street, Jacksonville 32207.Thornton and Co., 1145 East Cass Street,Tampa 33602.

Three Gee Dee, Pembroke 3866.Dr. Wolf's, Agricultural Laboratory, Soil and

Plant Test, 2620 TaylorStreet, Hollywood33020.

V. Woods Laboratory, Post Office Box 7,Davenport 33837.

GEORGIA

Agriculture Experiment Station, Universityof Georgia, Athens.

Agriculture Experiment Station, Universityof Georgia, Experiment.

Agriculture Experiment Station, University ofGeorgia, Tifton. '

Armour Agricultural Chemical Co., 685DeKalb Industrial Way, Decatur 30038.

Department of Agronomy Soil TestingLaboratory, University of Georgia, Athens.

International Mineral & Chemical Corp.,East Point.

Jay Evans Testing Laboratory, Albany.Law Engineering Testing Co., Atlanta.Soil and Water Conservation Research Divi-

sion, Southern Piedmont ConservationResearch Center, Post Office Box 33,Watkinsville.

Soil Conservation Service, U.S. Departmentof Agriculture, Athens.

Southern Nitrogen Co., Post Office Box 246,Savannah. .

State Highway Soil Testing Laboratory, 805Sixth Street NW., Atlanta.

(

7593

7594

Tennessee Corp., Agricultural OperationalDivision, 1330 West Peachtree Street,Atlanta.

IDAHO

Northwest Hydrology Research Watershed,306 North Fifth Street, PostOffice Box 2724,Boise.

Snake River Conservation Research Center,Route 1, Box 186, Kimberly.

ILLIN0IS

Consolidated Laboratories, Congerville.International Minerals & Chemical Corp.,

Erie.International Minerals & Chemical Corp.,

Libertyville.International Minerals & Chemical Corp.,

Old Orchard Road, Skokie.International Minerals & Chemical Corp.,

Union.Nuag Soil Testing Laboratory, Rochelle.Olson Management Service, 68 Monterey

Street, Freeport.Soil and Water Conservation Research Divi-

sion Laboratory, ARS, S-212 Turner Hall,University of Illinois, Urbana.

INDIANA

Jeffersonville Chemical Service Laboratory,Jeffersonville.

Soil and Water Conservation Research Divi-sion Laboratory, ARS, Agricultural Engi-neering Department, Purdue University,Lafayette.

IOWA

W. R. Grace Laboratory, Atlantic.Soil and Water Conservation Research Divi-

sion Laboratory, Agricultural ResearchService, Agronomy Building, Iowa StateUniversity, Ames.

KANSAS

Soil and Water Conservation Research Divi-sion Laboratory, ARS, Agronomy Depart-ment, Waters Hall, Kansas State Univer-sity, Manhattan.

XENTUCIxy

Farm Bureau, Henderson 42420.W. R. Grace & Co., Industrial Drive, Hopkins-

.ville 42240.Soil Testing Laboratory, College of Agricul-

ture, University of Kentucky, Lexington.

LOUSIANA

Barrow-Agee Laboratories, Inc., 2514 BellStreet, Shreveport.

Bureau of Public Roads, 3444 ConventionStreet, Baton Rouge.

Engineers Testing Laboratories, 10601 Air-line Highway, Baton Rouge.

Louisiana Polytechnic Institute, Ruston.Pittsburgh Testing Laboratories, Post Office

Box 3128, Baton Rouge.Shilstone Testing Laboratories, 1068 Neosho

Street, Baton Rouge.Soil and Water Conservation Research Divi-

sion Laboratory, ARS, Post Office Drawer U,University Station, Baton Roug.

Soil and Water Conservation Research Divi-sion Laboratory, ARS, The Maples, Univer-sity of Maine, Orono 04473.

MARYLAND

Anerican Agricultural Chemical Co., 2272South Clinton Street. Baltimore 21224. ,

Pesticides Investigations, Crops ResearchDivision, Crop Protection Research Branch,Plant Industry Station, Building 050,Beltsville 20705.

U.S. Hydrograph Laboratory, Soil and WaterConservation Research Division, ARS,Plant Industry Station, Beltsville 20705.

NOTICES

MASSACHUSETTS

Soil Mechanics Division, Massachusetts In-stitute of Technology, Cambridge 02139.

MICHIGAN

American Agricultural Chemical Co., 204South Forman Street, Detroit.

Dow Chemical Co., Midland.Prescription Farming, Inc., Eau Claire.UpJohn Pharmaceutical Co., 7171 Portage

Road, Kalamazoo.

MINNESOTA

Archer-Daniels-Midland Co., Minneapolis.Minnesota Soil Testing Laboratory, 35 Soil

Science Building, St. Paul Campus, Uni-versity of Minnesota, St. Paul 55101.

North Central Soil Conservation ResearchCenter, Morris.

MIssissippi

Soil and Water Conservation Research Divi-sion Laboratory, ARS, Agricultural Experi-ment Station, Post Office Box 502, StateCollege.

Soil Laboratory, Department of Chemistry,Agricultural Experiment Station, Missis-sippi State University, Post Office Box 642,State College 39762.

Soil Testing Laboratory, Cooperative Exten-sion Service, Mississippi State University,Post Office Box 1535, State College 39762.

State Highway Department, Jackson.USDA Sedimentation Laboratory, Box 30,

Oxford.MISSOURI

Fruco & Associates, Inc., 1705 Olive Street,St. Louis 63103.

St. Louis Testing Laboratories, Inc., 2810Clark Avenue, St. Louis 63103.

MONTANA

Northern Plains Soil and Water ResearchCenter, Post Office Box 1109, Sidney.

NEBRASINA

Harris Laboratories, Inc., Lexington.Soil and Water Conservation Research Di-

vision Laboratory, ARS, Agronomy Depart-ment, University of Nebraska, Lincoln.

USDA Soil Conservation Service, Soil SurveyLaboratory, 1325 N Street, Lincql9n.

USDA Soil Mechanic Laboratory, AER, ARS800 J Street, Lincoln.

Nzw JERSEz

American Cyanamid Co., Quakerbridge Road,Clarksville 08638.

Cdmpbell Soup Co., Branch Pike, Riverton08077.

Geology Department, Princeton University,Guyot Hall, Princeton 08540.

Hoffmann-LaRoche, Inc., 340 Kingland Ave-nue, Nutley 07110.

Johnson Soil Engineering Laboratory, 193North Shore Avenue, Bogota 07603.

Charles Pfizer Co., Maywood Avenue, May--wood 07607.

Seabrook Farms, Seabrook 08302.Shell Chemical Co., Post Office Box 813,

Princeton 08540.Soils Department, Rutgers University, New

Brunswick 08903.U.S. Testing Co., 14-15 Park Avenue, Ho-

bokeh 07030.Joseph S. Ward, Inc., Consulting Engineer,

91 Rtoseland Avenue, Caldwell 07006.

NEw Yom

Agronomy Department, . Cornell University,Itha a 14850.

Department of Soil Engineering, School ofCivil Engineering, Cornell University,Ithaca 14850.

Floricultural Department, Cornell University,Ithaca 14850.

U.S. Plant, Soil and Nutrition Laboratory,Tower Road, Ithaca 14850.

NORTH CAROLINA

Chembac Laboratories, Western Boulevard,Charlotte.

Froehling and Robertson, Inc., 2860 NorthGraham Street, Charlotte. ,

Froehling and Robertson, Inc., InspectionEngineers and Chemists. Fayetteville.

Froehling and Robertson, Inc., InspectionEngineers and Chemists, 2608 SouthSaunders Street, Raleigh.

Geology Department, Science Building, PostOffice Box 6665, College Station, DukeUniversity, Durhanm 27708.

Geology Department, Mitchell Hall, Uni-versity of North Carolina, Chapel Hill27514.

International Soil Testing Control Center,North Carolina State University, Raleigh.

Law Engineering Testing Co., 4560 Old Pine-ville-Road, Chdriotte.

Ezra Meir &.Associates, Consulting Engineers,709 West Johnson Street, Raleigh.

North Carolina Department of Geology,Raleigh.

North Carolina Highway and Public WorksCommission, Fayetteville.

North Carolina Highway and Public WorksCommission, Raleigh.

Pittsburgh Soil Testing Co., 4509 WestMarket Street, Greensboro.

Soil and Water Conservation Research Di-vision Laboratory, ARS, Post Office Box5906, Raleigh.

Soil Science Deparlmaent, North CarolinaState University, 352 Williams Hall, Raleigh27605.

Southeastern Testing Laboratories, WestMorehead Street, Charlotte.

Southern Testing and Research Laboratories,Wilson.

USDA, SCS, Division of Soil Survey Investi-gation, 387-A Williams Hall, North CarolinaState University, Raleigh.

OHIo

Brookirde Research Laboratory, New Knox-ville.

Continental Oil Co., Washington Court House43160.

Federal Chemical Co., 1210 Bonham Avenue,Columbus 43211.

W. R. Grace & Co., Post Office Box 86, Hickory42051.

H. ZT. Heinz Co., 540 North Enterprise Street,Bowling-Green.

North Appalachian Experimental Watershed,Soil and Water Conservation Research Di-vision, ARS, Coshocton.

H. C. Nutting Co., 4120 Airport Road, Cincin-nat145200.

Ohio Extenslbn Service Soil Testing Labora-tory, College of Agriculture, Ohio StateUniversity, Columbus.

Ohio Florists Associatio, 1827 Nell Avenue,Columbus 43210.

F. S. Royster Guano Co., Post Office Box6508, Toledo 43612.

0. M. Scott & Sons Seed Co., Mfarysville.Smith-Douglass Co., 618 North Champion

Avenue, Columbus.Techlab, Inc., 2912 Vernon Place, Cincinnati

45200.

Vistron Corporation, Fort Amanda Road, PostOffice Box 628, Lima 45802.

Woodville Lime Products, Post Office Box 218,Woodville 43469.

OnI AHOWA

Southern Great Plains Hydrology ResearchWatershed, Post Office Box 400, Chickasha.


PENN SYLVANIA

Michael Baker, Inc., Rochester 15074.Robert B. Peters Co., 2833 Pennsylvania

Street, Allentown 18103.PUERTO RICO

Soil and Water Conservation Research Di-vision Laboratory, ARS, Agricultural Ex-periment Station, University of PuertoRico, Rio Pledras.

SOUT1 CAROLINA

Clemson Soil Testing Laboratory, ClemsonUniversity, Clemson.

Coastal Plains Soil and Water Research Cen-ter, Post Office Box 271, Florence.

TENNESSEE

Armour Agricultural Chemical Co., 61stAvenue North, Nashville 37209.

Federal Chemical Co., 4800 Centennial Boul-evard, Nashville 37209.

U.S. Testing Co., Inc, Cotton ExchangeBuilding, Memphis 38103.

TExASAgricultural Department, Stephen F. Austin

College, Nacogdoches.Agricultural Service Laboratories, 1206 South

Aster, Pharr.Agronomy Department, Texas A & M Uni-

versity, College Station.Blackland Conservation Experiment Station,

Post Office Box 748, Temple.Citrus, Vegetable, Soil, and Water Labora-

tory, Post Office Box 267, Weslaco.Geochemical Surveys, 3806 Cedar Springs

Road, Post Office Box 6508, Dallas 75219.Horvitz Research Laboratories, 8116 .West-

glen, Houston 77042.McClelland Engineers, Inc., 6100 Hillcroft,

Houston.Pattison's Laboratories, Inc., 211 East Mon-

roe, Harlingen.Plains Laboratory, 707 Avenue H, Lubbock.Shilstone Testing Laboratory, 1205 North

Tangulia Street, Corpus Christi.Shilstone Testing Laboratory, 1714 West

Capitol Avenue, Houston.Soil Testing Laboratory, Wharton County

Junior College, Lower Colorado River Au-thority, Wharton.

Texas Instruments, Inc., Science ServiceDivision, Post Office Box 5621, Dallas 75222.

Trinity Testing Laboratories, Inc., CorpusChristi.

USDA Southwestern Great Plains ResearchCenter, Bushland.

UTAHSoil and Water Conservation Research Divi-

sion Laboratory, ARS, Agricultural Sci-ence Building 63, Agronomy Department,Utah State University, Logan.

VIRGINIA

Commercial Testing and Engineering Co.,1831 Lindsay Avenue, Norfolk 23504.

Froehling & Robertson, Inc., 1111 Boissevain23181.

Froehling & Robertson, Inc., 814 West Cary. Street, Richmond 23220.W. R. Grace & Co, Davison Chemical Divi-

sion, Box 277, South Hill 23970.Greenlife Products Co., Inc., West Point

23181.Hazelton Laboratories, Inc., 9200 Leesburg

Highway, Post Office Box 30, Falls Church22046.

McCallum Inspection Co., 1808 HaywardAvenue, Norfolk 23519.

F.. S. Royster Guano Co., Room 1004, RoysterBuilding, Norfolk 23510.

Smith-Douglass, Box 419, 5100 VirginiaBeach Boulevard, Norfolk 23501

Swift & Co., Agrichem Division, Box 7537,Norfolk 23515.

NOTICES

V-C Chemical Co., 818 Perry Street, Rich-mond 23224.

V-C Chemical Co., Atlee, Va., Post OfficeBox 631, Ashland 23005.

Virginia Polytechnic Institute, Soil TestingLaboratory, Blacksburg 24601.

Virginia Truck Experiment Station, PostOffice Box 2160, Norfolk 23601.

Virginia Truck Experiment Station, EasternShore Branch, Painter 23420.

Woodard Research Corp., Post Office Box 405,12310 Pinecrest Road, Herndon 22070.

WASHINGTON

Irrigation Experiment Station, Prosser.Soil and Water Conservation Research Divi-

sion Laboratory, ARS, 215 Johnson Hall,Washington State University; Pullman.

WEST VIGINIA

Commercial Testing and Engineering Co.,Piedmont and Broad Streets, Charleston25301.

WISCONSINWisconsin Soil Testing Laboratory, Soils

Building, College of Agriculture, Universityof Wisconsin, Madison 53706.

(Sec. 9, 37 Stat. 318, sec. 106, 71 Stat. 33; 7U.S.C. 162, 150ee. Interprets or applies sec. 8,37 Stat. 318, as amended; 7 U.S.C. 161; 7 CFR301.48, 301.72, 301.77, 301.81; 29 F.R. 16210,as amended)

This notice shall become effectiveMay 22, 1968, when it shall supersedeP.P,C. 639, effective November 8, 1966.

Supplemental regulations to the Japa-nese Beetle, White-fringed Beetle, Euro-pean Chafer, and Imported Fire AntQuarantines exempt from the certifica-tion and permit requirements of suchquarantines soil samples that do notweigh more than onepound; meet cer-tain origin, destination, and packagingrequirements; and are consigned to labo-ratories which are approved by the Direc-tor of the Plant Pest Control Division andoperate under compliance agreements.This revision of the notice of laboratoriesapproved by said Director corrects thenames and addresses of some previouslylisted laboratories; deletes several previ-ously listed laboratories; and adds 32laboratories to the list.

The Director of the Plant Pest ControlDivision has determined that the labora-tories listed above qualify for approvalunder said supplemental regulations.Therefore, such laboratories are author-ized to receive, without certification orpermit, from the respective regulatedareas, soil samples that meet the require-ments of said supplemental regulationsas to weight, origin, destination, Andpackaging.

With respect to the establishmentsadded to the list of approved laboratories,this revision relieves certain restrictionspresently imposed and -should be madeeffective promptly in order to be of maxi-mum benefit to persons subject to therestrictions that are being relieved. Thedeletion of laboratories from such listimposes certain restrictions that are nec-essary to prevent the spread of Japanesebeetles, white-fringed beetles, Europeanchafers, and imported fire ants andshould be made effective promptly toprevent the interstate spread of suchdangerous insects. The corrections of thejnames and addresses of previously listedestablishments are nonsubstantive in

7595

nature, and notice and other public pro-cedure with respect thereto would serveno useful purpose. Accordingly, it isfound upon good cause under the ad-ministrative procedure provisions of 5U.S.C. 553, that notice and other publicprocedure with respect to this revisionare impracticable and contrary to thepublic interest, and good cause is foundfor making the revision effective less than30 days after publication in the FEDERALREGISTER.

Done at Hyattsville, Md., this 17th dayof May 1968.

[SEAL] D. R. SHEPHERD,Director,

Plant Pest Control Division.[F.R. Doc. 68-6100; Flied, May 21, 1968;

8:48 a.m.]

DEPARTMENT OF COMMERCEBusiness and Defense Services

Administration

CASE WESTERN RESERVE UNIVERSITY

Notice of Decision on Application forDuty-Free Entry of Scientific Article

The following is a decision on an ap-plication for duty-free entry of a scien-tific article pursuant to section 6(c) ofthe Educational, Scientific, and CulturalMaterials Importation Act of 1966 (Pub-lic Law 89-651; 80 Stat. 897) and theregulations issued thereunder (32 F.R.2433 et seq.).

A copy of the record pertaining to thisdecision is available for public reviewduring ordinary business hours of theDepartment of Commerce, at the Officeof Scientific and Technical Equipment,Department of Commerce, Room 5123,Washington, D.C. 20230.

Docket No. 68-.00406-33-46500. Appli-cant: Case Western Reserve University,10900 Euclid Avenue, Cleveland, Ohio44106. Article: Ultramicrot6me, Model"OM U2". Manufacturer: C. ReichertOptische Werke A. C., Austria. Intendeduse of article: The article will be used forsectioning sections of bone-containingtissue as part of an investigation con-erning clarification and bone formation.

Comments: No comments were receivedwith respect to this application. Decision:Application approved. No instrument orapparatus of equivalent scientific value tothe foreign article, for the purposes forwhich such article is intended to be used,is being manufactured in the UnitedStates. Reasons: The purposes for whichthe foreign article is intended to be usedrequire a series of ultrathin sections to beproduced with consistent accuracy anduniformity. The foreign article incorpo-rates a thermal advance (feed) whichallows sections to be produced, whichrange in thickness down to 1 Angstrom.The only known comparable domesticinstrument, Model MT-2 ultramicrotomemanufactured by Ivan Sorvall Inc., em-ploys a mechanical advance which has aminimum thickness capability down to100 Angstroms. (See Sorvall catalog onMT-1 and MT-2 ultramicrotomes, 1966,


NOTICES-

page 11.) In the case of a prior applica-tion relating to an identical foreignarticle, we were advised by the Depart-ment of Health, Education, and Wel-fare (HEW), that in the experience ofexperts working with biological ma-terials, ultramicrotomes equipped with athermal feed have been-proven superiorto those equipped only with a mechanicalfeed. (See Docket No. 67-00052-33-46500and memorandum from HEW dated July26, 1967 contained therein.) In citedmemorandum, HEW also advised thatconsistent reproducibility of sectionthickness is substantially greater" whenthe thermal advance is used than whenthe advance is achieved through purelymechanical means.

We therefore find that the SorvallModel MT-2 is not of equivalent scien-tific value to the foreign article, for thepurposes for which such article isintended to be used.

The Department of Commerce knowsof no other instrument or apparatus ofequivalent scientific value to the foreignarticle, for the purposes for which sucharticle is intended to be used, which isbeing manufactured in the United States.

CHARLEY M. DENTON,Director, Office of Scientific and

Technical Equipment, Busi-ness and Defense ServicesAdministration.

[F.R. Doc. 68-6034; Filed, Mfay 21, 1968;8:45 anm.]

ORANGE COUNTY COMMUNITYCOLLEGE


The following is a decision on an ap-plication for duty-free entry of a scien-tific article pursuant to section 6(c) ofthe Educational, Scientific, and CulturalMaterials Importation Act of 1966 (Pub-lic Law 89-651; 80 Stat. 897) and theregulations issued thereunder (32 FR.2433 et seq.).


Docket No. 68-00408-33-46500. Appli-cant: Orange County Community Col-lege, 115 South-Street, .Middletown, N.Y.10940. Article: Ultramicrotome, Model"OM U2". Manufacturer: C. ReichertOptische Werke, Austria. Intended use ofarticle: The article will be used for thepreparation of specimens for electronmicroscopy in a program set up for train-ing medical technologists. Comments: Nocomments were received with respect tothis application. Decision: Applicationapproved. No instrument or apparatus ofequivalent scientific value to'the foreignarticle, for the purposes for which sucharticle is intended to be used, is beingmanufactured in the United States.Reasons: The purposes for which theforeign article is intended to be used

requirea seriesof ultrathin sections to beproduced with consistent accuracy anduniformity. The foreign article incorpo-rates a thermal advance (feed) whichallows sections to be produced, whichrange in thickness down to 1 Angstrom.The only known comparable domesticinstrument, Model MT-2 ultramicrotomemanufactured by Ivan Sorvall Inc., em-ploys a mechanical advance which hasa minimum thickness capability down to100 Angstroms.- (See Sorvall catalog onMT-1 and MT-2 Ultramicrotomes, 1966,page 11.) In the case of a prior applica-tion relating to an identical foreign ar-ticle, we were advised by the Departmentof Health, Education, and Welfare(HEW), that in the experience of, expertworking with biological materials, ultra-microtomes equipped with a thermal feedhave been proven superior to thoseequipped only with a mechanical feed.(See Docket No. 6.7-00052-33-46500 andmemorandum from HEW dated July 26,1967 contained therein.Y In cited memo-randum, HEW also advised that con-sistent reproducibility of section thick-ness is substantially greater when thethermal advance is used than when theadvance is achieved through purelymechanical means.

We therefore find that the SorvallModel MT-2 is not of equivalent scien-tific value to the foreign article, for thepurposes for which such article isintended to be used.




[FR-. D c. 68-6033; Filed, Ifay 21, 1968;8:45 a.m.]

STATE UNIVERSITY OF NEW YORK

.Notice of Decision on Application forDuty-Free Entry of Scientific Article

The following is a decision on an ap-plication for duty-free entry of a scien-tific article pursuant to section 6(c) ofthe Educational, Scientific, and CulturalMaterials Importation Act of 1966 (Pub-lic Law 89-651, 80 Stat. 897) and the reg-ulations issued thereunder (32 F.R. 2433et seq.).


Docket No. 68-00385-33-46040. Appli-cant: State University of New York, Re-search Foundation, Upstate MedicalCenter, College of Medicine, 766 IrvingAvenue, Syracuse, N.Y. 13210. Article:Electron microscope, Model EM 300.Manufacturer: Philips Electronic Instru-ments, Inc., The Netherlands. Intended

use of the article: The article will beused for the following studies:

1. A study of the internal nucleopro-tein of the virus.

2. A reevaluation of the budding phe-nomenon in virus multiplication basedon more recent findings related to mem-brane structure.

3- A study of avian osteopetrosis virus.4. A study of intracellular events in

cells infected with avian tumor viruses.5. Continuation of studies involving

congenital transmissions of avian tumorviruses.

Comments: No comments have been re-ceived with respect to this application.Decision: Application approved. No in-strument or apparatus of equivalentscientific value-to the foreign article, forthe purposes for which such article isintended to be used, is-being manufac-tured in the United States. Reasons: (1)The foreign article has a guaranteedresolution of 5 Angstroms. The onlyknown comparable domestic electronmicroscope is the Model EMU-4 manu-factured by the Radio Corporation ofAmerica (RCA), which has 9 guaranteedresolution of 8 Angstroms. (The lowerthe numerical rating in terms of Ang-strom units, the better the resolvingcapabilities.) For the purposes for whichthe foreign article is intended to be used,the additional resolving capabilities ofthe foreign article are pertinent. (2) Theforeign article Provides acceleratingvoltages of 20, 40, 60, 80, and 100 kilo-volts, whereas the RCA Model EMU-4provides only two accelerating voltagesof 50 and 100 kilovolts. It has been ex-perimentally established that the loweraccelerating voltages provide optimumcontrast for unstained biological speci-mens and that the accelerating voltagesintermediate between 50 and 100 kilo-volts provide optimum contrast for neg-atively "stained specimens. Since theexperiments to be conducted with the for-eign article require the use of negativelystained and unstained biological speci-mens, the additional accelerating volt-ages of the foreign article are pertinent.

For the foregoing reasons, we find thatthe RCA Model EMU-4 is not of equiva-lent scientific value to the foreign articlefor the purposes for which such articleis intended to be used.


CHARLEf M. DhNTOxt ,Director, Office of Scientific and


[F.R. Doc. 68-6029; Flled, May 21, 1968;8:45 a.m.]

TEXAS A & M UNIVERSITY


The following is a decision on an ap-plication for duty-free entry of a scien-


.7596

NOTICES

tific article pursuant to section 6(c) ofthe Educational, Scientific, and CulturalMaterials Importation Act of 1966 (Pub-lic Law 89-651; 80 Stat. 897) and theregulations issued thereunder (32 F.R.2433 et seq.).


Docket No. 68-00367-55-41830. Appli-cant: Texas A & M University, Depart-ment of Biology, College Station, Tex.77843. Article: Fresnel lenses. Manu-facturer: Beam Electronics, Japan. In-tended use of article: The article will beused for the automatic monitoring ofmovements of fish, sharks, and terrestrialanimals of small size, for the purpose ofstudying the fundamental mechanismsunderlying orientation capabilities ofanimals generally. Comments: No com-ments have been received with respect tothis application. Decision: Applicationapproved. No instrument or apparatusof equivalent scientific value to the for-eign article, for the purposes for whichsuch article is intended to be used, isbeing manufactured in the United States.Reasons: The application relates to 96Fresnel lenses of the specified size andfinish, which are intended for use as com-ponents for monitoring equipment nowin the possession of the applicant. TheFresnel lenses are being purchased fromsupplier of the equipment in which theyare intended to be used. In normal com-mercial practice, manufacturers of Fres-nel lenses list in their respective catalogsas stock items only those sizes and typesfor which there is a sufficiently large de-mand to warrant the cost of the masterlens from which plastic replicas aremade. The applicant, prior to placingthe order with the foreign manufacturer,contacted several domestic manufac-turers of Fresnel lenses. Each replied thatit did not stock Fresnel lenses of the sizeand finish needed by the applicant. Weare informed by the National Bureau ofStandards (memorandum dated Mar. 26,1968) that the charge for the initialFresnel lens master by a domestic man-ufacturer would be $5,000. The plasticreplicas would be charged at the regularstock price for similar Fresnel lenses.However, .since the Fresnel lenses re-quired by the applicant are stock itemswith the foreign manufacturer; andsince it is not considered normal com-mercial practice for the purchaser to as-,sume the cost of making a master lenswhen the needed items are available asstock lenses; the Department of Com--merce finds that the Fresnel lenses re-quired by the applicant are not beingmanufactured in the United Stateswithin the meaning of § 602.1(f) of citedregulations.

CHARLEY M. DENTON,Director, Offlce of Scientific and

Technical Equipment, Busi-ness and Delense ServicesAdministration.

[P.T. Doc. 68-6087; Filed, May 21, 196h;• 8:45 am.] -

UNIVERSITY OF CALIFORNIA ATLOS ANGELES

Notice of Decision on Applicatibn forDuty-Free Entry of Scientific ArticleThe following is a decision on an appli-

cation for duty-free entry of a scientificarticle pursuant to section 6(c) of theEducational, Scientific, and CulturalMaterials Importation Act of 1966 (Pub-lic Law 89-651; 80 Stat. 897) and theregulations issued thereunder (32 P.R.2433 et seq.).


Docket No. 68-00390-33-46040. Appli-cant: University of California at LosAngeles, 405 Hilgard Avenue, LosAngeles, Calif. 90024. Article: Electronmicroscope, Model EM 300 and decon-tamination device. Manufacturer; PhilipsElectronics, The Netherlands. Intendedule of article: The article will be usedin the study of ultrastructure and anti-genic nature of arboviruses; the study ofthe histology, pathophysiology and inm-munology of the viral hemorrhagicfevers; and the study of the cellularentry, eclipse phase and replication ofcertain arboviruses in arthropod andhelminth vectors and hosts and in thepathogenesis of specific arbovirus dis-eases. Comments: No comments havebeen received with respect to this appli-cation. Decision: Application approved.Np instrument or apparatus of equiva-lent scientific value to the foreign article,for the purposes for which such articleis intended to be used, is being manu-factured in the United States. Reasons:(1) The foreign article has a guaranteedresolution of 5 Angstroms. The onlyknown comparable domestic electronmicroscope is the Model EMU-4 manu-factured by the Radio Corporation ofAmerica (RCA), which has a guaranteedresolution of 8 Angstroms. (The lowerthe numerical rating in terms of Ang-strom units, the better the resolvingcapabilities.) For the purposes for whichthe foreign article is intended to be used,the additional resolving capabilities ofthe foreign article are pertinent. (2) Theforeign article provides acceleratingvoltages of 20, 40, 60, 80, and 100 kilo-volts, whereas the RCA Model EMU-4provides only two accelerating voltagesof 50 and 100 kilovolts. It has been ex-perimentally established that the loweraccelerating voltages provide optimumcontrast for unstained biological spec-imens and that the accelerating voltagesintermediate between 50 and 100 kilo-volts provide optimum contrast fornegatively stained specimens. Since theexperiments to be conducted with theforeign article require the use of nega-tively stained and unstained biologicalspecimens, the additional acceleratingvoltages of the foreign article are perti-nent.

For the foregoing reasons, we find thatthe RCA Model EMU-4 is not of equiva-

lent scientific value to the foreign articlefor the purposes for which such articleis intended to be used.




[P.R. Doe. 68-6031; Filed, May 21, 1968;8:45 a.m.]

UNIVERSITY OF CALIFORNIA,SAN DIEGO

Notice of Decision on Application forDuty-Free Entry of Scientific' Article

The following is a decision on an appli-cation for duty-free entry of a scientificarticle pursuant to section 6(c) of theEducational, Scientific, and CulturalMaterials Importation Act of 1966 (Pub-lic Law 89-651; 80 Stat. 897) and theregulations issued thereunder (32 F.R.2433 et seq.).


Docket No. 68-00377-33-46040. Appli-cant: University of California, SanDiego, Department of Biology, PostOffice Box 109, La Jolla, Calif. 92037.Electron microscope and accessories.Manufacturer: Philips Electronic In-struments, Inc., The Netherlands.Intended use of Article: The article willbe used for several diverse projectsincluding the study of bacterial flagellasynthesis, chromosomal proteins, celladhesion substances, allomorphic formsOf viral and plasmid DNA (deoxyribo-nucleic acid) and other projects requir-ing only routine high performance of theinstrument. Comments: No commentshave been received with respect to thisapplication. Decision: Application ap-proved. No instrument or apparatus ofequivalent scientific value to the foreignarticle, for the purposes for which sucharticle is intended to be used, is beingmanufactured in the United States. Rea-sons: (1) The foreign article has a guar-anteed resolution of'5 Angstroms. Theonly known comparable domestic elec-tron microscope is the Model EMU-4manufactured by the Radio Corpora-tion of America (RCA), which has aguaranteed resolution of 8 Angstroms..(The lower the numerical rating in termsof Angstrom units, the better the resolv-ing capabilities.) For the purposes forwhich the foreign article is intended tobe used, the additional resolving capabil-ities of the foreign article are pertinent.(2) The foreign article provides accel-erating voltages of 20, 40, 60, 80, and 100kilovolts, whereas the RCA Model EMU-4

FEDERAL REGISTER, VOL 33, NO. 100-WEDNESDAY, MAY 22, 1968

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NOTICES

provides only two accelerating voltagesof 50 and 100 kilovolts. It has been exper-imentally established that the loweraccelerating voltages provide optimumcontrast for unstained biological spec-imens and that the accelerating voltagesintermediate between 50 and 100 kilo-volts provide optimum contrast for nega-tively stained specimens. Since theexperiments to be conducted with theforeign article require the use of nega-tively stained and unstained biologicalspecimens, the additional acceleratingvoltages of the foreign article are perti-nent.,

For the foregoing reasons, we find thatthe RCA Model EMU-4 is not of equiva-lent scientific value to the foreign articlefor the purposes for which such articleis intended to be used..

The Department of Commerce knowsof no other instrument or apparatus 6fequivalent scientific value to the foreignarticle, for the purposes for which such'article is intended to be used, which isbeing manufactured in the United States.


Technical Equipment, Busi-n ness and Defense ServicesAdministration.

[P.R. Dec. 68-6035; Filed, May 21, 1968;8:45 am.]

UNIVERSITY OF HAWAII


The following is a decision on an ap-plication for duty-free entry of a scien-tific article pursuant to section 6(c) ofthe Educational, Scientific, and CulturalMaterials Importation Act of 1966 (Pub-lic Law 89-651; 80 Stat. 897) .and theregulations issued thereunder (32 FR.2433 etseq.).


Docket No. 68-00396-63-73610. Appli-cant: University of Hawaii, Departmentof Plant Pathology, 1825 EdmondsonRoad, Honolulu, Hawaii 96822. Article:Recording volumetric spore trap. Man-ufacturer: Burkard Manufacturing Co.,Ltd., United -Kingdom. Intended use ofarticle: The article is to be used-in agri-'cultural crops to collect pathogenicspores from the surrounding atmospherefor study in relation to plant diseaseepidemiology. Comments: No commentshave been received with respect to thisapplication. Dlecision: Application ap-proved. No instrument or apparatus ofequivalent scientific value to the foreignarticle, for the purposes for-which sucharticle is intended to be used, is beingmanufactured in the United States. Rea-sons: For the purposes for which the for-eign article is intended to be used, theapplicant is required to establish a timerelationship between the collection offungal spores from the ambient air andthe identification of the collected spores.

The foreign article permits the estab-lishment of the time relationships auto-matically over a 7-day period.

The Department of Commerce knowsof no comparable domestic instrumentsor apparatus which has thesecharacteristics.



[F.._ Doc. 68-6038; Filed, May 21, 1968;8:45 a-.T

UNIVERSITY OF HOUSTON

Notice of Decision on Appication forDuty-Free Entry of Scientific Article

The following is a decision on an ap-plication for duty-free entry of a scien-tific article pursuant to section 6(c) ofthe Educational, Scientific, and CulturalMaterials Importation Act of 1966 (Pub-lfd Law 89-651; 8G Stat. 897) and theregulations issued thereunder (32 F.R.2433 et seq.).

A copy of the record pertaining to thisdecision is available for public review-during ordinary business hours of theDepartment of Commerce, at the Officeof Scientific and Technical Equipment,Department of Commerce, Room 5123,Washington, D.C. 20230.

Docket No. 68-00382-33-73610. Appli-cant: University of Houston, Departmentof Biology, Houston, Tex. 77004. Article:Volumetric spore trap. Manufacturer:Burkard Manufacturing Co., UnitedKingdom. Intended use of article: Thearticle will be used for the collection offungal spores for academic research.Comments: No comments have been re-ceived with respect to this application.Decision: Application approved. No in-strument or apparatus of equivalent sci-entific value to the foreign article, for thepurposes for which such article is in-tended to be used, is being manufacturedin the United States. Reasons: For thepurposes for which the foreign article isintended to be used, the applicant is re-quired to establish a time relationshipbetween the collection of fungal sporesfrom the ambient air and the identifica-tion of the collected spores. The foreignarticle permits the establishment of thetime relationships automatically over a7-day period.

The Department of Commerce knowsof no comparable domestic instrumentsor apparatus which has these char-acteristics.

CHARLEY M. DENTON,.Director, Office of Scientific and


[P.R. Do. 68--6039; Filed, May 21, 1968,8:45 a~m.1

UNIVERSITY OF MINNESOTA

Notice of Decision on Application forDuty-Free Entry of Scientific ArticleThe following is a decision on an ap-

plication for duty-free entry of a scien-

tifte article pursuant to section 6(e) ofthe Educational, Scientific, and CulturalMaterials Importation Act of 1966 (Pub-lie Law 89-651; 80 Stat. 897) and theregulations issued thereunder (32 FR.2433 et seq.).

A copy of the record pertaining to thisdecision is available for public reviewduring ordinary business hours of theDepartment of Commerce, at the Officeof Scientific and Technical Equlliment,Department of Commerce, Room 5123,Washington, D.C. 20230.

Docket No. 68-00405-60-46040. Appli-cant: University of Minnesota, Agricul-tural Experiment Station, St. Paul, Minn.55101. Article: Electron Microscope,Model EM 300. Manufacturer: PhilipsElectronic Instruments, The Nether-lands. Intended use of article: The articlewill be used for research in plant andsoil sciences and in entomology. Com-ments: No comments have been receivedwith respect to this application. Deci-sion: Application approved. No instru-ment or apparatus of equivalent scientificvalue to the foreign article, for the pur-poses for which such article is intendedto be used, is being manufactured in theUnited-States. Reasons: (1) The foreignarticle has a guaranteed resolution of 5Angstroms. The only known comparabledomestic electron microscope is theModel EMU-4 manufactured by theRadio Corporation of America (RCA),which has a guaranteed resolution of 8Angstroms. (The lower the numericalrating in terms of Angstrom units, thebetter the resolving capabilities.) Forthe purposes for which the foreign arti-cle is intended to be used, the additionalresolving capabilities of the foreign Er-ticle are pertinent. (2) The,foreign arti-cle provides accelerating voltages of 20,40, 60, 80, and 100 kilovolts, whereas theRCA Model EMU- provides only twoaccelerating voltages of 50 and 100 kilo-volts. It has been experimentally estab-lished that the lower accelerating volt-ages provide optimum contrast for un-stained biological specimens and thatthe accelerating voltages intermediatebetween 50 and 100 kilovolts provideoptimum contrast for negatively stainedspecimens. Since th4 experiments to beconducted with the foreign article requirethe use of "negatively stained and un-stained biological specimens, the addi-tional accelerating voltages of the for-eign article are pertinent.

For the foregoing reasons,7e find thatthe RCA. Model EMIT-4 is not of equiva-lent scientific value to the foreign articlefor the purposes for which such articleis intended to be used.

The Department of Commerce knowsof no other instrument or apparatus ofequivalent scientific value to the foreignarticle, for the purposes for which sucharticle is intended to be used, which Isbeing manufactured in the United States.

CHARLEY MVL DENTON,Director, Office of Scientific and

Technical Equipment, Busi-ness and Defense ServicesAdministratwn.

[PF Dec, 68-6028; Filed, May 21, 1968;8:45 a n.l


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NOTICES

UNIVERSITY OF PENNSYLVANIA

Notice of Decision on Application forDuty-Free Entry of Scientific ArticleThe following is a decibion on an am-

plication for duty-free entry of a scien-tific article pursuant to section 6(c) ofthe Educational, Scientific, and CulturalMaterials Importation Act of 1966 (Pub-lic Law 89-651; 80 Stat. 897) and theregulations issued thereunder (32 P.R.2433 et seq.).


Docket No. 68-00324-33-46040. Appli-cant: University of Pennsylvania, Labo-ratory for Research on the Structure ofMatter, 3231 Walnut Street, Philadel-phia, Pa. 19104. Article: Norelco EM 300e 1 e c t r o n microscope. Manufacturer:Philips Electronic Instruments, Inc., TheNetherlands. Intended use of article:The article will be used to prepare stu-dents to conduct independent researchusing this instrument and others in thecentral facility. Some of the projectsthat will be conducted will involve thestudy of dislocations in metals and or-ganic crystals, the core structure of dis-lcations, structure of bone and teeth,fractography of metals and bone (failuremechanisms), air borne spores, phasetransformations in metals, alloys, andpolymers, electron diffraction studiesand many other projects. Comments: Nocomments have been received with re-spect to this application. Decision: Ap-plication approved. No instrument orapparatus of equivalent scientific valueto the foreign article, for the purposesfor which such article is intended to beused, is being manufactured in theUnited States. Reasons: (1) The foreignarticle provides a guaranteed resolutionof 5 Angstroms. The only known com-parable domestic electron microscope isthe Model EMU-4 manufactured by theRadio Corporation of America (RCA),which provides a guaranteed resolutionof 8 Angstroms. (The lower the numeri-cal rating in terms of Angstrom units,the better the resolving capabilities.) Forthe purposes for which the foreign ar-ticle Is intended to be used, the applicantrequires the highest attainable resolutionand, therefore, the additional resolvingcapabilities of the foreign article are per-tinent. (2) The foreign article providesa continuous range of 200 to 500,000magnifications without breaking thevacuum of the specimen chamber. TheRCA Model EMU-4 provides a range of500 to 200,000 magnifications. However,in order to attain the higher magnifica-tions of the RCA Model EMU-4, it isnecessary to change pole-pieces with theconsequent breaking of the vacuum inthe specimen chamber. Under the condi-tions in which the applicant will conductthe experiments with the foreign article,the breaking of the vacuum is conduciveto the contamination of the specimen.Therefore, the continuous characteristic

of the magnification range of the foreignarticle is pertinent.

For the foregoing reasons, the RCAModel EMU-4 is.not considered to be ofequivalent scientific value to the foreignarticle for the purposes for which sucharticle is intended to be used.


CHARY M. DENTON,Director, Office of Scientific

and Technical Equipment,Business and Defense ServicesAdministration.

[F.R. Doc. 68-6032; Filed, May 21, A968;8:45 am.]

UNIVERSITY OF TEXAS


The following is a decision on an ap-plication for duty-free entry of a scien-tific article pursuant to section 6(c) ofthe Educational, Scientific, and CulturalMaterials Importation Act of 1966 (Pub-lic Law 89-651; 80 Stat. 897) and theregulations issued thereunder (32 F.R.2433 et seq.).


Docket No. 68-00401-33-46040. Appli-cant: University of Texas Medical Schoolat San Antonio, 715 Stadium Drive, SanAntonio, Tex. 78212. Article: ElectronMicroscope, Model EM 300. Manufac-turer: Philips Electronic Instruments.The Netherlands. Intended use of arti-cle: The article will be utilized in a vari-ety of research projects pertaining toexperimental and human pathology.Comments: No comments have been re-ceived with respect to this application.Decision: Application approved. No in-strument or apparatus of equivalentscientific value to the foreign article, forthe purposes for which such article is in-tended to be used, is being manufacturedin the United States. Reasons; (1) Theforeign article has a guaranteed resolu-(RCA), which has a guaranteed resolu-comparable domestic electron micro-scope is the Model EIU-4 manufacturedby the Radio Corporation of America(RCA), which has a guaranateed resolu-tion of 8 Angstroms. (The lower the nu-merical rating in terms of Angstromunits, the better the resolving capabili-ties.) For the purposes for which theforeign article is intended to be used,the additional resolving capabilities ofthe foreign article are pertinent. (2) Theforeign article provides acceleratingvoltages of 20, 40, 60, 80, and 100 kilo-volts, whereas the RCA Model EMU-4provides only two accelerating voltages-of 50 and 100 kilovolts. It has been ex-perimentally established that the lower

accelerating voltages provide optimumcontrast for unstained biological speci-mens and that the accelerating voltagesintermediate between 50 and 100 kilo-volts provide optimum contrast fornegatively stained specimens. Since theexperiments to be conducted with theforeign article require the use of nega-tively stained and unstained biologicalspecimens, the additional acceleratingvoltages of the foreign article arepertinent.

For the foregoing reasons we find thatthe RCA Model EMU-4 is not of equiva-lent scientific value to the foreign articlefor the purposes for which such articleis intended to be used.


CHARLEY M. DENTON,Director, Office of Scientific

and Technical Equipment,Business and Defense ServicesAdministration.

[P.R. Dc. 68-6030; Filed, May 21, 1968;8:45 am.]

WAYNE STATE UNIVERSITY


The following is a decision on an appi-cation for duty-free entry of a scientificarticle pursuant to section 6(c) of theEducational, Scientific, and CulturalMaterials Importation Act of 1966 (Pub-lic Law 89-651; 80 Stat. 897) and theregulations issued thereunder (32 F.R.2433 et seq.).


Docket No. 68-00374-01-77030. Appli-cant: Wayne State University, Detroit,Mich. 48202. Article: Nuclear magneticresonance spectrometer, Model JNM-AI-100. Manufacturer: Japan Electron Op-tics Laboratory, Japan. Intended use ofarticle: The article will be used in theeducation of graduate students in thegeneral areas of analytical, inorganic,organic, and physical chemistry, in thefurthertraining of postdoctoral research,associates and in fundamental researchthe general areas of chemistry mentionedabove. Comments: Comments regardingthis application have been received fromone domestic manufacturer, Varian Asso-ciates (Varian), which alleges inter aliathat: "The (Varian Model) HA-100, anAmerican made instrument, equippedwith standard accessories and optionalfeatures is fully the scientific equivalentof the Japanese made 4H-100!' (Variancomments attached to letter datedMar. 15, 1968) Decision: Application ap-proved. No instrument or apparatus ofequivalent scientific value to the foreignarticle, for the purposes for which such

FEDERAL REGISTER, VOL. 33, NO. 100-WEDNESDAY, MAY 22, 1968I No. 100-7

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NOTICES

article is intended to be used, is beingmanufactured in the United States. Rea-sons: The foreign article is equipped withboth an external and internal lock, (page9 of brochure on JNM-4H-100, No.6710168-5Tp). The Varian Model HA-100is equipped only with the internal lock.(See Varian comments, page 9, for rea-sons Varian does not furnish both inter-nal and external locks with the ModelHA-100.) We are advised by the NationalBureau of Standards (NBS) in its memo-randum dated April 11, 1968, that theexternal lock capability is necessary forcareful studies in certain systems, one ofwhich is the Boron (11) study stated bythe applicant. Therefore, the combinedexternal-internal lock capability of theforeign article is pertinent to one of thepurposes for which the foreign articleis intended to be used. We are also ad-vised by the Department of Health,Education, and Welfare (HEW) in itsmemorandum dated April 17, 1968, thatthe availability of both the internaland external lock is a pertinentcharacteristic:

For this reason, we find that the VarianModel IA-100 is not of equivalent scien-tific value to the foreign article for thepurposes for which such article is in-tended to be used.

The Department of Commerce knowsof no other instrument or apparatus ofequivalent scientific value to the foreign:article, for the purposes,for which sucharticle is intended to be used, which isbeing manufactured in the United States.

CHARLEY M. DENTON,Director, Of ce of Scientific and


[FR. Doc. 68-6036; Filed, May 21, 1968.8:45 am.]

Maritime Administration

VIETNAM SERVICE BAR FOR AMERI-CAN MERCHANT MARINE

Issuance

Effective as of May 22, 1968, the Act-ing Maritime Administrator has author-ized the issuance of a Vietnam ServiceBar to American Merchant seamen whohave served in Vietnam waters aboardU.S.-flag ships at any time since July 4,1965, to a terminal date to be prescribedlater, within the following bounds:

From a point on the east coast of Vietnamat the juncture of Vietnam with Chinasoutheastward to 21* N. lat., 108*15' E. long.;thence southeast to 180 N. lat., 108*15

, E.long.; thence southeastward to 17°80 , N.lat., 111 E. long.; thence southward to 11 °

N. lat., 1110 E. long.; thence southwestwardto 70 N. lat., 105- E. long.; thence westwardto 7 ° N. lat., 1030 E. long.; thence northwardto 9°30 , N. lat., 1030 E. long.; thence north-eastward to 10*15 , N. lat., 104027 " E. long.;thence northward to a point on the westcoast of Vietnam at the juncture withCambodia.

The design of the service ribbon hasbeen approved by the Institute of Her-aldry. Production of the decoration willprobably require several weeks.

Applications for the Vietnam ServiceBar should be made to the Office of Mari-time Manpower, Maritime.Administra-tion, Washington, D.C. 20235, givingcomplete name, Book or "Z" Number,name of vessel, and period of service.

By order of the Acting MaritimeAdministrator.


JAIMES S. DAwsoN, Jr.,Secretary.

[P.R. Doc. 68-6094; Filed, May 21, 1968;8:47 a.m.]

,DEPARTMENT OFTRANSPORTATION

Federal Aviation Administration

DIRECTOR, -FLIGHT STANDARDSSERVICE

Delegation of Authority

The authority of the Administratorunder Title III and Title VI of the Fed-eral Aviation Act of 1958, to issue andamend Special Conditions as set -forthin § 21.16 of the Federal Aviation Regu-lations (14 CFR Ch. I) is delegated to theDirector, Flight Standards Service. Thisdelegation is made under the authorityof section 303(d) of the Federal Avia-tion Act of 1958 (49 U.S.C. 1344(d) ). Thegeneral provisions governing delegationscontained in section 1(b) of Part IVof the FAA Organization Statement (30F.R. 3395, 3400) apply to this delegation,except that the Director, Flight Stand-ards Service, may not redelegate the au-thority hereby conferred.

Issued in Washington, D.C., on May17, 1968.

WILLIM F. McKEE,Administrator.

[F.. Doc. 68-6088; Filed, May 21, 1968;8:47 an.]

ATOMIC ENERGY COMMISSION[Docket No. 50-234]

GULF GENERAL ATOMIC, INC.

Notice of Issuance of AmendedFacility License

No request for a hearing or petitionfor leave to intervene having been filedfollowing publication of the notice ofproposed action in the FEDERAL REGISTERon April 20, 1968 (33 F.R. 6144), theAtomic Energy Commission has issued,in the form set forth in that notice,Amendment No. 3 to License No. R-23to Gulf General Atomic Incorporatedof San Diego, Calif.

The amended license authorizes GulfGeneral Atomic to operate the Experi-mental Critical Facility, located on thecompany's Torrey Pines Mesa site in SanDiego, to perform the ThernIonic Criti-cal Experiment.

Dated at Bethesda, Md., this 8th dayof May 1968.

For the Atomic Energy Commission.DONALD J. SKOVHOLT,

Assistant Director for ReactorOperations, Division of Reac-tor Licensing.

[F.R. Doc. 68-6027; Filed, May 21,71968;8:45 am.]

CIVIL SERVICE COMMISSIONSOCIAL INSURANCE CLAIMS EXAM-

INER, SOCIAL SECURITY ADMINIS-TRATION

Manpower ShortageUnder the provisions of 5 U.S.C. 5723,

the Civil Service Commission found amanpower shortage on April 23, 1968 forpositions of Social Insurance Claims Ex-aminer (Retirement) (Claims Author-izer) GS-993-7, Social Security Admin-istration, within a 35-mile radius ofChicago, Ill.

Appointees to these positions may bepaid for the expenses of travel and trans-portation to first post of duty.

UNITED STATES CIVIL SERiV-ICE CO SIssION,

[SEAL] JAMES C. SPRY,Executive Assistant to

the Comissioners.[F.R. Doc. 68-6078; Filed, May 21, 1968;

8:47 a.m.]


STANDARD BROADCAST APPLICA-TIONS READY AND AVAILABLE FORPROCESSING; CORRECTION

MAY 16, 1968.The public notice in the above matter,

adopted May 13, 1968 is corrected toread as follows:

1. On page 4, File Number BP-18005should read "Wright County Radio, Inc.,Req: 1360 kc, 500 w, Day".

Released- May 16, 1968.FEDERAL COMM1UNICATIONS

CoamnssioN,


[FR. Doc. 68-6093; Filed, May 21, 1968;. 8:4.7 a.m.]

FEDERAL. HOME LOAN BANK BOARD[No. 21,676]

BUDGET INDUSTRIES, INC.

Notice of Intention To AcquireBudget Finance Plan

MAY 20, 1968.Whereas, Budget Industries, Inc. (In-

dustries), intends to acquire BudgetFinance Plan (Budget California) whichwholly owns Budget Holding Co. (BHC)which, in turn, owns a majority of the


7600

NOTICES

guarantee stock of State Savings andLoan Association of Stockton, Calif.; and

Whereas, Budget California is a sav-ings and loan holding company as definedin § 583.11 of the Regulations for Savingsand Loan Holding Companies (12 CFR583.11); and

Whereas, § 584.4(b) of the Regulationsfor Savings and Loan Holding Companies(12 CFR 584.4(b)) requires thatsuch anacquiring company obtain prior approvalof the Federal Savings and Loan Insur-ance Corporation (corporation) beforeaccomplishing such an acquisition; and

Whereas, § 584.4(k) requires that no-tice of the proposed acquisition be filedfor publication in the FEDERAL REGISTERand with the appropriate State super-visory authority; and

Whereas, exceptional circumstancesrelating to the proposed issuance of se-curities by Industries require that a pe-riod shorter than 30 days be allowedfor the submission of written commentsor views: 4

Now, therefore, be it resolved that theSecretary to the Corporation is directed'to file the following notice for publica-tion in the FEDERAL REGiSTER and withDr. Preston Martin, Savings and LoanCommissioner, 3440 Wilshire Boulevard,Los Angeles, Calif. 90005.

Notice is hereby given that on Ap-il 29,1968, the Federal Savings and Loan In-surance Corporation received an appli-cation from Budget -Industries, Inc.,for permission to acquire Budget FinancePlan, a savings and loan holding com-pany. The proposed acquisition is to beeffected by the purchase of all the issuedand outstanding common shares of Bud-get Finance Plan in exchange for sharesof the common stock of Budget Indus-tries, Inc. Comments on the proposedacquisition should be submitted to theDirector, Office of Examination and Su-pervision, Federal Home Loan BankBoard, Washington, D.C. 20552.

For the Federal Savings and Loan In-surance Corporation.

By the Federal Home Loan BankBoard.

[SEAL] JACK CARTER,Secretary.

[F.R. Doc. 68-6162; Filed, May 21, 1968;10:35 a.m.]

FEDERAL POWER COMMISSION[Docket No. CP64 -99]

EL PASO NATURAL GAS CO.

Notice of Petition To AmendMAY 14, 1968.

Take notice that on May 6, 1968, ElPaso Natural Gas Co. (Petitioner), PostOffice Box 1492, El Paso, Tex. 79999,filed in Docket No. CP64-99 a petition toamend the order of the Commission is-sued in said docket on February 18, 1964,as amended August 7, 1964, October 21,1964, December 15, 1964, June 2, 1965,June 27, 1966, and April 11, 1967. By theinstant petition, Petitioner requests au-.

thorization to extend the testing period,increase volumetric limitations, and in-crease its authorized commitment in cer-tain facilities located in Lewis County,Wash., all as more fully set forth in thepetition to amend which is on file withthe Commission and open to publicinspection.

By the said order, as amended, Peti-tioner was authorized to construct andoperate certain facilities, to sell and de-liver natural gas to Washington NaturalGas Co. (Washington Natural) and TheWashington Water Power Co. (WaterPower) and, as to Petitioner's one-thirdinterest, to construct and operate certainother facilities, all for the purpose oftesting underground natural gas storagein the Jackson Prairie area of LewisCounty, Wash. (Storage Unit), at an es-timated cost of $10,800,000. The saidorder, as amended, limited the inventoryof gas in the Storage Unit to 7,500,000Mcf, the testing activities are to ceaseon December 31, 1968, or upon divesti-ture of Petitioner's Northwest DivisionSystem, whichever first occurs, and Pe-titioner's one-third commitment in thetesting activities is limited to $3,600,000.

By the instant filing, Petitioner seeksauthorization, as to its one-third inter-est, for an extension of the testing pe-riod through June 30, 1969, or untildivestiture of its Northwest DivisionSystem, whichever first occurs, an in-crease in its one-third commitment from$3,600,000 to $4,300,000 (raising the to-tal commitment level to $12,900,000), andan increase in the volumetric limitationon the inventory of gas in the StorageUnit from 7,500,000 Mof to 12,000,000Mcf.

The petitioner further states that gaswithdrawn from. the Storage Unit dur-ing periods of test withdrawal operationswill be received into Petitioner's main-line and utilized by the-parties in suchquantities as are from time to time de-livered to the Storage Unit for their re-spective accounts.

Protests or petitions to intervene maybe filed with the Federal Power Com-mission, Washington, D.C. 20426, in ac-cordance with the rules of practice andprocedure (18 CFR 1.8 or 1.10) on or be-fore June 10, 1968.

GORDON M GRANT,Secretary.

[F.R. Doc. 68-6041- Filed, May 21, 1968;8:46 axm.]

[Docket No. CP62-194]

MEDINA GATHERING CORP.

Order To Show CauseMAY 14, 1968.

By order accompanying Opinion No.297 issued July 16, 1963, in Docket No.CP62-194, Medina Gathering Corp.(Medina) was granted a certificate ofpublic convenience and necessity author-izing Medina to sell natural gas to Ten-nessee Gas Transmission Co. and to con-struct and operate all facilities subjectto the jurisdiction of the Commissionnecessary for such sale. Said order also

issued certificates to nine producers tosell to Medina a gas supply produced innortheastern Ohio and northwesternPennsylvania.

The Commission has not yet been ad-vised of, and according to informationavailable to the Commission, Medina hasnot commenced, the construction au-thorized by the aforesaid certificate. Infact, two of the nine producers author-ized to sell gas to Medina, WorldwidePetroleum Corp. in Docket No. C162-761and Russell McConnell in Docket No.C162-762, have canceled their respectivecontracts with Medina, and on Octo-ber 26, 1967, the Commission vacatedtheir certificates and canceled their re-lated rate schedules.

In view of the lapse of time sinceMedina's certificate was issued in July1963, the fact that Medina has not yetbegun construction and operation offacilities authorized by the certificateand in light of the cancellation of theaforesaid producers' contracts, rateschedules and certificates, Medina shouldbe ordered to show cause why its certif-icate should not be canceled.

The Commission orders: MedinaGathering Corp. shall show cause, ifthere be any, in writing, within 30 daysfrom the date of issuance of this order,why the Commission should not find anddetermine that Medina's certificate ofpublic convenience and necessity issuedin Docket No. CP62-194 on July 16, 1963,should be canceled. If Medina does notanswer this order to show cause withinthe 30 days period, its certificate shallbe deemed to be canceled.

By the Commission.

[SEAL] GORDON M. GRANT,Secretary.

[P.R. Doc. 68-6042; Piled, May 21, 1968;8:46 ar.]


NATURAL GAS PIPELINE COMPANYOF AMERICA

Notice of Petition To Amend

MAY 14, 1968.Take notice that on May 3, 1968, Nat-

ural Gas Pipeline Company of America(Petitioner), 122 South Michigan Ave-nue, Chicago, Ill. 60603, filed in DocketNo. CP66-318 a petition to amend theorder issued in said docket on June 13,1966; by authorizing an extension toJanuary 1, 1969, of the period of theauthorization granted therein, all asmore fully set forth in the petition toamend which is on file with the Com-mission and open to public inspection.

By the order issued June 13, 1966, inthe instant docket, Petitioner was au-thorized, inter alia, to exchange naturalgas with Colorado Interstate Gas Co.(Colorado Interstate). Petitioner wasauthorized to deliver at a point in CaddoCounty, Okla., up to 15,000 Mf ofnatural gas per day to Public ServiceCompany of Oklahoma (Public Service)for the account of Colorado Interstateduring the first year of exchange, andup to 30,000 Mcf per day during the


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7602

second year thereof. Colorado Interstatfwas authorized in Docket No. CP66-31 jto deliver equivalent volumes to Peti-tioner at a designated point of deliveryin Beaver County, OkIa. The order au-thorized the exchange for a term of 2years, which term expires June 30, 1968.

. By the instant filing, Petitioner re-quests that the subject exchange be con-tinued for an additional 6-month periodto January 1, 1969, in accordance withthe agreement between Petitioner andColorado Interstate. The petition statesthat the exchange agreement is subjectto prior termination in the event oftermination of the related agreementbetween Colorado Interstate and PublicService.

Protests or petitions to intervene maybe filed with the Federal Power Com-mission, Washington, D.C. 20426, in ac-cordance with the rules of practice andprocedure (18 CFR 1.8 or 1.10) and theregulations under the Natural Gas Act(157.10) on or before June 10, 1968.

GORDON M. GRANT,I Secretary.

[F.. Doc. 68-6043; Filed, May 21, 1968;8:46 a.m.]


TRANSWESTERN PIPELINE CO.

Notice of Application

MAY 14, 1968.Take notice that on May 6, 1968,

Transwestern Pipeline Co. (Applicant),Post Office Box 1502, Houston, Tex.77001, filed in Docket No. CP68-306 anapplication pursuant to .section 7(c) ofthe Natural Gas Act for a certificate ofpublic convenience and necessity author-izing the sale and delivery of natural gasto Northern Natural Gas Co. (Northern)in Hutchinson County, Tex., all as morefully set forth in the application whichis on file with the Commission and opento public inspection.

Specifically, Applicant proposes to selland deliver to Northern up to 20,000 Mcfper day through December 31, 1968, andup to 50,000 Mcf per day beginning Jan-uary 1, 1969, and' continuing through De-cember 31, 1969. Of the total volumesproposed to be delivered through De-cember 31, 1968, 10,000 Mcf representsfirm volumes which Applicant must de-liver and Northern must purchase. Be-ginning with January 1, 1969, andcontinuing through the term of theagreement, the firm volumes which Ap-plicant must deliver and which Northernmust purchase is 40,000 Mcf per day. Thebalance of the volumes will be deliveredas available to Applicant and as requiredby Northern.

The Applicant requests that the au-thorization terminate on December 31,1969, or prior to that date if Applicantreceives and accepts Commission author-ization for either (a) the sale of gas toCities Service Gas Co. (Docket No. CP67-339) or (b) the sale of gas to PacificLighting Service & Supply Co. (DocketNo. CP68-181).

The stated purpose of the proposecsale and delivery is to enhance North.ern's ability to satisfy its market require.ments and to improve Applicant's taki

- or pay position.Protests or petitions to intervene ma3

be filed with the Federal Power Commis-sion, Washington, D.C. 20426, in accord-ance with the rules of practice and pro-c eedure (18 CFR. 1.8 or 1.10) and theregulations under the Natural Gas Ac(157.10) on or before June 10, 1968.

Take further notice that, pursuant tcthe authority contained in and subject tcthe jurisdiction conferred upon the Fed-eral Power Commission by sections 7 and15 of the Natural Gas Act and the Com-mission's rules of practice and procedure,a hearing will be held without furthernotice before the Commission on this ap-plication if no protest or petition to in-tervene is filed within the time requiredherein, if the Commission on its own re-view of the matter finds that a grant ofthe certificate is required by the publicconvenience and necessity. If a protestor petition for leave to intervene istimely filed, or if the Commission on itsown motion believes that a formal hear-ing is required, further notice of suchhearing will be duly given.

Under the procedure herein providedfor, unless otherwise advised, it Will beunnecessary for Applicant .to appear orbe represented at the hearing.

GORDON M. GRANT,Secretary.

[F.R. DOc. 68-6044; Piled, May 21, 1968;8:46 aam.]

SECURITIES AND EXCHANGECOMMISSION

ALCAR INSTRUMENTS, INC.

Order Suspending Trading

MAY 16, 1968.It appearing to the Securities and Ex-

change Commission that the summarysuspension of trading in the commonstock of Alcar Instruments, Inc., 225East 57th Street, New York, N.Y., beingtraded otherwise than on a national se-curities exchange is required in the pub-lic interest and for the protection ofinvestors:

It is ordered, Pursuant to section 15 (c)(5) of the Securities Exchange Act of1934, that trading in such -securitiesotherwise than on a national securitiesexchange be summarily suspended, thisorder to be effective for the period May17, 1968, through May 26, 1968, both datesinclusive.

By the Commission.

[SEAL] ORvAL L. DuBois,Secretary.

[FR. Doc. 68-6061; Piled, May 21, 1968;8:46 am.]

[Flle No. 1-3421]

CONTINENTAL VENDING MACHINECORP.

Order Suspending TradingMAY 16, 1968.

- It appearing to the Securities and Ex-change Commission that the summarysuspension of trading in the commonstock, 10 cents par value of ContinentalVending Machine Corp., and the 6 per-cent convertible subordinated debenturesdue September 1, 1976, being traded

- otherwise than on a national securitiesI exchange is required in the public inter-- est and for the protection of investors:

It is ordered, Pursuant to section 15(c)* (5) of the Securities Exchange Act of

1934, that trading in such securitiesotherwise than on a national securitiesexchange be summarily suspenCed, thisorder to be effective for the period May17, 1968, through May 26, 1968, both datesinclusive.

By the Commission.[SEAL] ORvAL L. DuBois,

Secretary.[F.R. Doe. 68-6062; Piled, May 21, 1968;

8:46 am.]

FASTLINE, INC.Order Suspending Trading

MAY 16, 1968.It appearing to the Securities and Ex-

change Commission that the summarysuspension of trading in the commonstock of Fastline, Inc., New York, N.Y.,being traded otherwise than on a na-tional securities exchange is required inthe public interest and for the protectionof investors:

It is ordered, Pursuant to section15(c) (5) of the Securities Exchange Actof 1934, that trading in such securitiesotherwise than on a national securitiesexchange be summarily suspended, thisorder to be effective for the periodMay 17, 1968, through May 26, 1968, bothdates inclusive.

By the Commission.[SEAL] ORvAL L. DuBois,

Secretary.[F.R. Doc. 68-6063; Filed, May 21, 1968;

8:46 am.]

[File No. 1-4371]

WESTEC CORP.

Order Suspending TradingMAY 16, 1968.

The common stock, 10 cents par value,of Westec Corp., being listed and regis-tered on the American Stock Exchangepursuant to provisions of the SecuritiesExchange Act of 1934 and all other se-curities of Westec Corp., being tradedotherwise than on a national securitiesexchange; and

It appearing to the Securities and Ex-change Commission that the summary


'NOTICES

NOTICES

suspension of trading in.such securitieson such Exchange and otherwise than ona national securities exchange is requiredin the public interest and for the pro-tection of investors:

It is ordered, Pursuant to sections15(c) (5) and 19(a) (4) of the SecuritiesExchange Act of 1934, that trading insuch securities on the American StockExchange and otherwise than on anational securities exchange be sum-marily suspended, this order to be effec-tive for the period May 17, 1968, throughMay 26, 1968, both dates inclusive.

By the Commission.

[SEAL] ORvAL L. DuBois,Secretary.


SMALL BUSINESSADMINISTRATION

[Declaration of Disaster Loan Area 665]

ARKANSAS

Declaration of Disaster Loan Area

Whereas, it has been reported thatduring the month of May 1968, becauseof the effects of certain disasters, damageresulted to residences and business prop-erty located in the Counties of Garland,Pulaski, Sebastian, and Sevier, in theState of Arkansas;

Whereas, the Small Business Adminis-tration has investigated and receivedother reports of investigations of condi-tions in the areas affected;

Whereas, after reading and evaluatingreports of such conditions, I find that theconditions in such areas constitute acatastrophe within the purview of theSmall Business Act, as amended.

Now, therefore, as Administrator ofthe Small Business Administration, Ihereby determine that:

1. Applications for disaster loansunder the provisions of section 7(b) (1)of the Small Business Act, as amended,may be received and considered by theoffice below indicated from persons orfirms whose property, situated in theaforesaid counties, and areas adjacentthereto, suffered damage or destructionresulting from floods occurring fromMay 10 through May 13,1968.

OFFICESmall Business Administration Regional

Office, 600 West Capital Avenue, LitleRock, Ark. 72201.

2. Applications for disaster loans underthe authority of this Declaration will notbe accepted subsequent to November 30,1968.


ROBERT C. MOOT,Administrator.

[F.R. Doe. 68-6065; Filed, May 21, 1968;8:46 am.]

[Delegation of Authority No. 4 (Rev. 1);Amdt. 1]

ASSOCIATE ADMINISTRATOR FORFINANCIAL ASSISTANCE

Delegation of Authority RegardingFinancial Assistance

Delegation of Authority No. 4 (Re-vision 1), (32 FR. 178), January 7, 1967,is hereby amended by revising item I.B.to read as follows:

I. * * *

B. To cancel, reinstate, modify, andamend authorizations for loans.

Effective date: May 15, 1968.ROBERT C. MOOT,

Administrator.[P. Doc. 68-6066; Filed, May 21, 1968;-

8:46 am.]

DEPARTMENT OF LABORWage and Hour Division

JOSEPH ROY FLOWERS

Proceedings To Determine Reason-able Cost 'of Facilities Furnishedto EmployeesPursuant to authority in section

3(m) of the Fair Labor Standards Actof 1938 (29 U.S.C. 203(m)), Reorgani-zation Plan No. 6 of 1950 (3 CFR 1949-53 Comp., p. 1004), Order No. 19-67 ofthe Secretary of Labor (32 F.R. 12980),and 29 CFR 531.4, the Administrator ofthe Wage and Hour Division, on hisown motion, proposes to determine the"reasonable cost" to Joseph, RoyFlowers, of Mattson, Miss., of, furnish-ing his employees with board, lodging,or other facilities customarily furnishedby Joseph Roy lowers to his employ-ees. Interested persons may submitwritten data, views, or argument per-tinent to this question by mail to Mr.Sterling B. Williams, Regional Direc-tor, Wage and Hour Division, U.S.Department of Labor, 1931 South NinthAvenue, Birmingham, Ala. 35205, notlater than June 14, 1968.

Opportunity will be provided for in-terested persons to make oral presenta-tion of data, views, or arguments be-fore E. West Parkinson, a hearing ex-aminer appointed under 5 U.S.C. 3105,in Hearing Room 319, Federal Building,Third and Sharky Streets, Clarksdale,Miss., at 10 a/m., June 17, 1968.

Notice of intention to appear shouldbe filed with Mr. Sterling B. Williams,Regional Director, Wage and HourDivision, U.S. Department of Labor,1931 South Ninth Avenue, Birmingham,Ala. 35205, not later than June 14, 1968.,

All those making oral presentationsshall be subject to cross examinationby counsel for Joseph Roy Flowers andcounsel for the Government. The Hear-ing Examiner shall govern the courseof the proceeding, hold presentations torelevant matters, govern the content

of the record, have disciplinary powerto exclude persons from the room whereoral presentations are made, see thatthe proceedings are stenographicallyreported and transcripts made avail-able to persons participating on-pay-ment of fees therefor. The Hearing Ex-aminer shall certify the record, to-gether with his recommended findings,to the Administrator for considerationof all relevant matters presented andresolution of the issues.

Upon the publication of this noticeJoseph Roy Flowers shal, notify hisemployees of the place, date, and pur-pose of the hearing hereby announcedby posting copies of this notice in con-spicuous places on his premises.

, Signed at Washington, D.C., this 17thday-of May 1968.

CLARENcE T. LUNDQU-ST,Administrator.

[F-R. Doe. 68-6096; Filed, May 21, 1968;8:47 am.]

INTERSTATE COMMERCECOMMISSION

[No. MC---3437 (Sub-No. 2)1

WEIR COOK MUNICIPAL AIRPORT-INDIANAPOLIS, IND.-EXEMPT ZONE

Notice of Petition

MAY 17, 1968.Petition seeking individual determina-

tion of the zone surrounding the WeirCook Municipal Airport near Indianap-olis, Ind., within which motor transpor-tation of property is incidental to trans-portation by Air and is exempt from eco-nomic regulation, under section 203(b)(7a) of the Interstate Commerce Act.

Petitioners: Air Freight Motor Car-riers Conference, Film Carrier Confer-ence of the American Trucking Associa-tion, and Indiana Transit Service, Inc.

Petitioners representatives: David A.Sutherland, 1120 Connecticut AvenueNW., Washington, D.C. 20036, counselfor Film Carrier Conference; Bryce Rea,Jr., Thomas VL Knebel, 1329 E StreetNW., Washington, D.C. 20004, counselfor Indiana Transit Service, Inc., andAir Freight Motor Carriers Conference.

By petition filed April 18, 1968, peti-tioners request that the Commission in-dividually determine (as provided inparagraph.(c) Individual determinationof exempt zones, to its regulations, 49CPR 1047.40 (formerly § 210.40) Motortransportation of property incidental totransportation by aircraft), the zonesurrounding Weir Cook Municipal Air-port near, Indianapolis, Ind., withinwhich motor transportation of propertyis incidental to transportation by airand exempt from the Commission's eco-nomic regulation under section 203(b)(7a) of the Interstate Commerce Act.

Petitioners state that Indiana TransitService, Inc., holds certificate No. MC-

FEDERAL REGISTER, VOL. 33, NO. 100-WEDNESDAY, MAY 22; 1968

7603

NOTICES

71452 which authorizes it to transportproperty between Terre Haute andGreencastle, Ind., and Weir Cook Munic-ipal Airport; that by Order No. E-24231,dated September 27, 1966, in Docket No.15582, the Civil Aeronautics Boardgranted to Wings and Wheels Express,Inc., an air freight forwarder, authorityto file a pickup and delivery tariff forextended terminal area service betweenTerre Haute and Weir Cook MunicipalAirport; that Emery Air Freight Corp.as well as other air freight forwardersfiled with the Civil Aeronautics Board,and the Board accepted tariffs provid-ing for pickup and delivery services be-tween Greencastle and Weir CookMunicipal Airport; that Emery AirFreight Corp. is presently operating be-tween Greencastle and the airport andthat approximately half of petitioner'srevenue derived from traffic moving be-tween the airport and Greencastle hasbeen diverted; and that Terre Haute,Ind., a point 70 miles from Indianapolis,and Greencastle, Ind., a point 30 milesfrom Weir Cook Municipal Airport,should be excluded froi the exemptzone.

Petitioners ask that a proceeding beinstituted under the regulations set forthabove to determine the proper boundaryof the exempt zone surrounding WeirCook Municipal Airport near Indianap-olis, Ind.

Any interested person wishing to makerepresentations in favor of or in opposi-tion to the relief sought by the petitionmay do so by submitting written state-ments. All such persons, including motorcarriers, air carriers, shippers and re-ceivers of freight, and others, whetheror not subject to the Commission's juris-diction, are invited to submit represen-tations setting forth any facts orargument pertinent to the proper deter-mination of the scope of the exempt zonesurrounding the Weir Cook MunicipalAirport near Indianapolis, Ind.

Representations must be filed on orbefore July 1, 1968, and copies thereofwill be available thereafter at the officeof the Commission in Washington, D.C.Persons desiring to file replies to rep-resentations may do so on or beforeAugust 1, 1968.

An original and 15 copies of each rep-resentation and reply, the original ofwhich must be verified with respect tomatters of fact contained therein, must

- be filed with:Secretary, Interstate Commerce Commission,

Washington, D.C. 20423.In addition, one copy of each representa-tion, reply, or any other pleading mustbe filed with:Secretary, Civil Aeronautics Board, Wash-

ington, D.C. 20428.

A copy must also be served upon peti-tioners' representatives, whose addressesappear at the head of this notice, andupon:Wings and Wheels Express, Inc., 142-42 41st

Avenue, Flushing, Long Island, N.Y. 11355.Emery Air Freight Corp., Post Office Box 322,

Wilton, Conn. 06897.

copies of all representations, replies, orother pleadings filed with the Commis-sion must show that service has beenmade upon the persons named above, inconformity with rule 1.22 of the Com-mission's general rules of practice.

By the Commission.

[SEAL] H. NEIL GARSON,Secretary.

[F.R. -Doc. 68-6079; Filed, May 21, 1968;8:47 axm.]

NOTICE OF FILING OF MOTOR CAR-RIER INTRASTATE APPLICATIONS

MAY 17, 1968.-The following applications for motor

common carrier authority to operate inintrastate commerce seek concurrentmotor carrier authorization in interstateor foreign commerce within the limits ofthe intrastate authority sought, pursu-ant to section 206(a) (6) of the Inter-state Commerce Act, as amended Oc-tober 15, 1962. These applications aregoverned by Special Rule 1.245 of theCommission's rules of practice, publishedin the FEDERAL REGISTER, issue of April 11,1963, page 3533, which provides, amongother things, that protests and requestsfor information concerning the time andplace of State Commission hearings oro t h e r proceedings, any subsequentchanges therein, and any other relatedmatters shall be directed to the StateCommission with which the applicationis filed and shall not be addressed to orfiled with the Interstate Commerce Com-mission.

State Docket No. 4496 (Sub-No. 6),filed April 30, 1968. Applicant: MID-SOUTH TRANSPORTS, INC., 1046 Ar-kansas Street, Memphis, Tenn. Appli-cant's representative: Dale Woodall, 900Memphis 'Bank- Building, Memphis,Tenn. Certificate of public convenienceand necessity sought to operate a freightservice as follows: Transportation ofgeneral commodities (except householdgoods and commodities in bulk), (1) be-tween Jackson and Henderson, Tenn.,over U.S. Highway 45, serving all inter-mediate points, (2) between Memphisand Henderson, Tenn., over InterstateHighway 140 and U.S. Highway 45, serv-ing all intermediate points betweenJackson and Henderson, Tenn., (3) be-tween Nashville and Henderson, Tenn,over Interstate 'Highway 140 and U.S.Highway 45, serving all intermediatepoints between Jackson and Henderson,Tenn., (4) from Nashville to Pinson,Tenn., over Interstate Highway 22 tojunction Tennessee Highway 22A, thenceover Tennessee 22A to junction Tennes-see Highway 100, thence over TennesseeHighway 100 to U.S. Highway 45 to Hen-derson, Tenn., thence over U.S. Highway45 to Pinson, Tenn., and return overthe same route, serving all intermediatepoints between Henderson and Pinson,Tenn. Applicant proposes to use aboveauthority in conjunction with all existingauthority. Both intrastate and interstateauthority sought.

HEARING: Wednesday, June 26th,1968, 9:30 a.m. at the Commission'scourtroom, C-1 Cordell Hull Building,Nashville, Tenn. Requests for proceduralinformation, including the time for fil-ing protests concerning this applicationshould be addressed to the TennesseePublic Service Commission, C-1 CordellHull Building, Nashville, Tenn. 37319,and should not be directed to the Inter-state Commerce Commission.

State Docket No. MT-6819, filed May2, 1968. Applicant: RAPID DELIVERYSERVICE, INC., Allen Street Extension,Jamestown, N.Y. 14701. Applicant's rep-resentatives: Johnson, Peterson, Tenerand Anderson, Bank of JamestownBuilding, Jamestown, N.Y. 14701. Cer-tificate of public convenience and neces-sity sought to operate a freight serviceas follows: Transportation of generalcommodities, as defined in 16 NYCRR800.1, between all points in the territorycomprised of Cattaraugus and Chau-tauqua Counties. Both intrastate and in-terstate authority sought. NoTE: Appli-cant presently holds permit No. 784,issued by the New York State Public Serv-ice Commission, authorizing the trans-portation of general commodities usuallydealt in by department stores, retail out-lets and artisans, between stores, ware-houses,, and customers located in Cat-taraugus and Chautauqua Counties. Itpresently seeks a certificate of generalcommodities between all points in a ter-ritory comprised of Cattaraugus andChautauqua Counties, and, in the alter-native, if the Commission should denythe aforesaid request, a conversion of itspermit to that of a certificate as a com-mon carrier in theevent the Commis-sion approves the requests petitionedlherewith, the applicant will consent tothe cancellation of its permit.

HEARING: Not yet assigned. Requestsfor procedural information, includingthe time for filing protests, concerningthis application, -should be addressed tothe Public Service Commission of NewYork, Albany, N.Y. 12208, and shouldnot be directed to the Interstate Com-merce Commission.

By the Commission.

[SEAL] H. NEIL GARsON,Secretary.

[P.R. Doc. .68-6080; Filed, May 21, 1968;8:47 a.m.]

[Notice 4991

MOTOR CARRIER ALTERNATE ROUTEDEVIATION NOTICES

MAY 17, 1968.The following letter-notices of pro-

posals to operate over diviation routesfor operating convenience only havebeen filed with the Interstate Com-merce Commission under the Commis--sion's Deviation Rules Revised, 1957 (49CFR 211.1(c) (8)) and notice thereof toall interested persons is hereby given asprovided in such rules (49 CFR 211.1(d)(4)).


7604

NOTICES

Protests against the use of any pro-posed deviation route herein describedmay be filed with the Interstate Com-merce Commission in the manner andform provided in such rules (49 CFR211.1(e) ) at any time, but will not oper-ate to stay commencement of the pro-posed operations unless filed within 30days from the date of publication.

Successively'filed letter-notices of thesame carrier under the Commission'sDeviation Rules Revised, 1957, will benumbered consecutively for conveniencein identification and protests if anyshould refer to such letter-notices bynumber.

M TOR CARRIERS OF PROPERTY

No. MC 730 (Deviation No. 34), PA-CIFIC INTERMOUNTAIN EXPRESS,CO., 1417 Clay Street, Post Office Box 958,Oakland, Calif. 94604, filed May 10, 1968.Carrier's representative: Alfred G.Krebs, same address as applicant. Car-rier proposes to operate as a commoncarrier, by motor vehicle, of generalcommodities, with certain exceptions,over a deviation route as follows: Fromjunction U.S. Highway 40 and Inter-state Highway 57 (at or near Effingham,ll.), over Interstate Highway 57 to junc-tion Illinois Highway 16 (near Mattoon;Ill.), thence over Illinois Highway 16 tojunction U.S. Highway 150 (at or nearParis, Ill.), thence over U.S. Highway150 to junction U.S. Highway 40 (at ornear Terre Haute, Ind.), and return overthe same route, for operating conven-ience only. The notice indicates that thecarrier is presently authorized to trans-port the same commodities, over a per-tinent service route as follows: FromIndianapolis, Ind., over U.S. Highway 40to St. Louis, Mo., and return over thesame route.

No. MC 29910 (Deviation No. 10),ARKANSAS-BEST FREIGHT SYSTEMINC., 301 South 11th Street, Fort Smith,Ark. 72901, filed May 9,1968. Carrier pro-poses to operate as a common carrier, bymotor vehicle, of general commodities,with certain exceptions, over a deviationroute as follows: Between Little Rock,Ark., and Texarkana, Ark., over Inter-state Highway 30, for operating conven-ience only. The notice indicates that thecarrier is presently authorized to trans-port the same commodities, over a perti-nent service route as follows: From Lit-tie Rock, Ark., over U.S. Highway 67 tojunction unnumbered highway (form-erly U.S, Highway 67), thence over un-numbered highway via Collegeville, Ark.,to junction U.S. Highway 67, thence overU.S. Highway 67 to Texarkana, Ark., andreturn over the same route.

No. MC 38565 (Deviation No. 4), HAR-RIS MOTOR EXPRESS, INC., Charles-town Road, Post Office Box 1288,Martinsburg, W. Va. 25401, filed May 8,1968. Carrier's representative: Charles E.Creager, 10 West Boscawen, Post OfficeBox 81, Winchester, Va. 22601. Carrierproposes to operate as a common carrier,by motor vehicle, of general commodities,with certain exceptions, over a deviationroute as follows: From Hancock, Md,over Interstate Highway 70 to junctionInterstate Highway 81 west of Hagers-

town, Md., thence over Interstate High-way 81 to junction U.S. Highway 40 toHagerstown, Md,, and return over thesame route, for operating convenienceonly. The notice indicates that the car-rier is presently authorized, to transportthe same commodities, over pertinentservice routes as follows: (1) FromMartinsburg, W. Va., over U.S. Highway11 to Williamsport, Md., thence overMaryland Highway 63 to junction U.S.Highway 40, thence over U.S. Highway40 to Hancock, Md., and (2) from Win-chester, Va., over U.S. Highway 11 toHagerstown, Md., and return over thesame routes.

No. MC 38565 (Sub-No. 5), HARRISMOTOR EXPRESS, INC., CharlestownRoad, Post Office Box 1288, Martinsburg,W. Va. 25401, filed May 8, 1968. Carrier'srenresentative: Charles E. Creager, 10West Boscawen, Post Office Box 81, Win-chester, Va. 22601. Carrier proposes tooperate as a common carrier, by motorvehicle, of general commodities, withcertain exceptions, over a deviationroute as follows: From Hagerstown, Md.,over Interstate Highway 70 (or U.S.Highway 40 as to those portions of theinterstate highway not completed), tojunction Interstate Highway 70N at ornear Frederick, Md., thence over Inter-state Highway 70N to Baltimore, Md.,and return over the same route, foroperating convenience only. The noticeindicates that the carrier is presentlyauthorized to transport ,the same com-modities, over a pertinent service routeas follows: From Hagerstown, Md., overU.S. Highway 11 to Martinsburg, W. Va.,thence over West Virginia Highway 9 toCharles Town, W. Va., thence over US.Highway 340 to Frederick, Md., thenceover U.S. Highway 40 to Baltimore, Md,and return over the same route.

No. MC 38565 (Deviation No. 6), HAR-RIS MOTOR EXPRESS, INC., Charles-town Road, Post Office 'Box 1288, Mar-tinsburg, W. Va. 25401, filed May 8, 1968.Carrier's representative: Charles E.Creager, 10 West Boscawen, Post OfficeBox 81, Winchester, Va. 22601. Carrierproposes to operate as a common carrier,by motor vehicle, of general commodi-ties, with certain exceptions, over a de-viation route as follows: From Hancock,Md., over Interstate Highway 70 (or U.S.Highway 40 as to those portions of theinterstate highway not completed) tojunction Interstate Highway 70N at ornear Frederick, Md., thence over Inter-state Highway 70N to Baltimore, Md.,and return over the same route. The no-tice indicates that the carrier is pres-ently authorized to transport the samecommodities, over pertinent serviceroutes as follows: (1) From Martins-burg, W. Va., over U.. Highway 11 toWilliamsport, Md., thence over Mary-land Highway 63 to junction U.S. High-way 40, thence over U. Highway 40 toHancock, Md., and (2) from Martins-burg, W. Va., over West Virginia High-way 9 to Charles Town, W. Va., thenceover US. Highway 341 to Frederick,Md, thence over U.S. Highway 40 toBaltimore, Md., and return over the sameroutes.

7605

No. MC 43421 (Deviation No. 23),DOH1N TRANSFER COMPANY, PostOffice Box 1237, Rock Island, IlL 61202,filed May 10, 1968. Carrier's representa-tive: Edward G. Bazelon, 39 South LaSalle Street, Chicago,-fll. 60603. Carrierproposes to operate as a common carrier,by motor vehicle, of general commodities,with certain exceptions, over a deviationroute as follows: From junction U.S.Highway 20 and Interstate Highway 90near Rockford, Ill., over Interstate High-way 90 to junction U.S. Highway 16 at ornear Tomah, Wis., thence over U.S. High-way 16 to La Crosse, Wis., and returnover the same route, for operating con-venience only. The notice indicates thatthe carrier is persently authorized totransport the same commodities, overpertinent service routes as follows: (1)From Dubuque, Iowa, over U.S. Higiway20 to Chicago, M., and (2) from La Cres-cent, Minn., over U.S. Highway 61 toDubuque, Iowa, and return over the sameroutes.

No. -MC 1515 (Deviation No. 450)(Cancels Deviation No. 359), GREY-HOUND LINES, INC. (Southern Divi-sion), 219 East Short Street, Lexington,Ky. 40507, filed May 10, 1968. Carrierproposes to operate as a common carrier,by motor vehicle, of passengers and theirbaggage, and express and newspapers, inthe same vehicle with passengers, overdeviation routes as follows: (1) FromDuson, La., over Louisiana Highway 95to junction Interstate Highway 10,thence over Interstate Highway 10, LakeCharles, La., with the following accessroutes: (a) From Duson, La., over Loui-siana Highway 95 to'junction InterstateHighway 10, (b) from Rayne, La., overLouisiana Highway 35 to junction Inter-state Highway 10, (c) from Crowley, La.,over Louisiana Highway 13 to junctionInterstate Highway 10, (d) from junc-tion Interstate Highway 10 and Louisi-ana Highway 97 over Louisiana Highway97 to junction U.. Highway 90, (e) fromjunction Interstate Highway 10 andLouisiana Highway 26 over LouisianaHighway 26 to junction U.S. Highway 90,and (f) from junction Interstate High-way 10 and U.S. Highway 165 over.U.S.Highway 165 to junction U.S. Highway90, and (2) from junction U.S. Highway190 and Louisiana Highway 1 over Loui-siana Highway 1 to junction InterstateHighway 10 (at Port Allen La.), thenceover Interstate Highway 10 to junctionInterstate Highway 12 (south of BatonRouge, La.), thence over InterstateHighway 12 to junction U.S. Highway 61,and return over the same routes, for op-erating convenience only. The noticeindicates that the carrier is presentlyauthorized to transport passengers andthe same property over pertinent serviceroutes as follows: From New Orleans, La.,over U.S. Highway 90 to junction Loui-siana Highway 30, thence over LouisianaHighway 30 to Luling, La., thence overunnumbered highway to Boutte, La., andthence over U.S. Highway 90 to LakeCharles, La., (2) from Natchez, Minn.,over U.S. Highway 61 via Scotlandville,La., to New Orleans, Lt., and (3) fromjunction U.S. Highways 90 and 190 eastof Slidell, over U.S. Highway 190 via Sl-

.FEDERAL REGISTER, VOL. 33, NO. 100-WEDNESDAY, MAY 22, 1968

NOTICES

dell to Opelousas, La., and return overthe same routes.

By the Commission.



[Notice 1182]

MOTOR CARRIER APPLICATIONS ANDCERTAIN OTHER PROCEEDINGS

MAY 17, 1968.The following publications are gov-

erned by Special Rule i.247 of the Com-mission's rules of practice, published inthe FEDERAL REGISTER issue of April 20,1966, which became effective May 20,1966.

The publication's hereinafter set forthreflect the scope of the applications asfiled by applicant, and may includedescriptions, restrictions, or limitationswhich are not in a form acceptable tothe Commission. Authority which ulti-mately may be granted as a result ofthe applications here noticed will notnecessarily reflect the phraseology setforth in the application as filed, but alsowill eliminate any restrictions which arenot acceptable to the Commission.

APPLICATIONS ASSIGNED FOR ORAL HEARING

MOTOR CARRIERS OF PROPERTY

No. MC 64932 (Sub-No. 423) (Repub-lication), filed January 30, 1967, pub-lished in the FEDERAL REGISTER issuesof February 24, 1967, May 18, 1967, andAugust 10, 1967, and republished thisissue. Applicant: ROGERS CARTAGECO., a corporation, 1439 West 103d Street,Chicago, Ill. 60643. Applicant's repre-sentative: Carl L. Steiner, 39 South LaSalle Street, Chicago, Ill. 60603. By appli-cation filed January 30, 1967, applicantseeks a certificate of public convenienceand necessity authorizing operation ininterstate or foreign commerce as a com-mon carrier by motor vehicle, overirregular routes, of diammonium phos-phate, in bulk, except in dump vehiclesfrom Depue, Colfax, and Riverdale, Ill.,and Dubuque and Des Moines, Iowa, topoints in Illinois, Iowa, Wisconsin,Missouri, Minnesota, Nebraska, Kansas,South Dakota, North Dakota, Indiana,Ohio, and Michigan. A report and recom-mended order of the Hearing Examinerserved March 14, 1968, and which becameeffective May 2, 1968, finds that thepresent and future public convenienceand necessity require operation by appli-cant as a common carrier by motorvehicle in interstate or foreign com-merce, over irregular routes, of diam-monium phosphate, in bulk, from Depue,Colfax, and Riverdale, Ill., and DesMoines, Iowa, to points in Illinois, Iowa,Indiana, Michigan, Ohio, Wisconsin,Missouri, Kansas, Nebraska, SouthDakota, North Dakota, and Minnesota.Restriction: The above authority isrestricted to traffic originating at theplantsites or warehouse facilities of theNew Jersey Zinc Co. and destined to

points in the above named States; thatapplicant is fit, willing, and able properlyto perform such service and to conformto the requirements of the InterstateCommerce Act and the Commission'srules and regulations thereunder. Be-cause it is possible that other persons,who have relied upon the notice of theapplication as published may have aninterest in and would be prejudiced bythe lack of proper notice of the authoritydescribed in the findings in this order, anotice of the authority actually grantedwill be published in the FEDERAL REGISTERand is.uance of a certificate in this pro-ceeding will be withheld for a period of30 days from the date of such publica-tion,, during which period any properparty in interest may file a petition toreopen or for other appropriate reliefsetting forth in detail the precise mannerin which it has been so prejudiced.

No. MC 103880 (Sub-No. 384) (Repub-lication), filed April 3, 1967, publishedFEDERAL REGISTER issues April 20, 1967,and August 31, 1967, and republishedthis issue. Applicant: PRODUCERSTRANSPORT, INC., 215 East WaterlooRoad, Akron, Ohio 44306. Applicant'srepresentative: Carl L. Steiner, 39 SouthLa Salle Street, Chicago, fll. 60603. Byapplication filed April 3, 1967, applicantseeks a certificate of public convenienceand necessity authorizing operation ininterstate or foreign commerce as a com-mon carrier by motor vehicle, over ir-regular routes, of diammonium phos-phate, in bulk, in tank or hopper typevehicles, from Riverdale and Colfax,Ill., and Des Moines, Iowa, to points inIllinois, Indiana, Iowa, Michigan, Ohio,Wisconsin, North Dakota, South Dakota,Kansas, Nebraska, Minnesota, and Mis-souri. The application was referred toExaminer Frank J. Mahoney for hearingand the recommendation of an appro-priate order thereon. Hearing was heldNovember 15, 1967 at Chicago, Ill. A re-port and' order recommended by theHearing Examiner and served March 14,1968, which became effective May 2,1968, finds that the present and futurepublic convenience and'necessity requireoperation by applicant as a common car-rier by motor vehicle in interstate orforeign commerce, over irregular routes,of diammonium phosphate, in bulk, fromDepue, Colfax, and Riverdale, Ill., andDes Moines, Iowa, to points in Illinois,Iowa, Indiana, Michigan, Ohio, Wiscon-sin, Missouri, Kansas, Nebraska, SouthDakota, North Dakota, and Minnesota.Restriction: The above authority is re-stricted to traffic originating at theplantsites or warehouse facilities of theNew Jersey Zinc Co. and destined topoints in the above named States, thatapplicant is fit, willing, and able properlyto perform such service and to conformto the requirements of the InterstateCommerce Act and the Commission'srules and regulation thereunder. Becauseit is possible that other persons, whohave relied upon the notice of the ap-plication as published, may have an in-terest in and would be prejudiced by thelack of proper notice of the authoritydescribed in the findings in this order,

a notice of the authority actually grantedwill be published in the FEDERAL REGISTERand issuance of a certificate in this pro-ceeding will be withheld for a period of30 days from the date of such publica-tion, during which period any properparty in interest may file a petition toreopen or for other appropriate reliefsetting forth in detail the precise man-ner in which it has been so prejudiced.

No. MC 110525 (Sub-No. 814) (Repub-lication), filed January 24, 1967, pub-lished in FEDERAL REGISTER issues ofFebruary 9, 1967, and July 7, 1967, andrepublished this issue. Applicant:CHEMICAL LEAMAN TANK LINES,INC., 520 East Lancaster Avenue, Down-ingtown, Pla. 19335. Applicant's repre-sentatives: Leonard A. Jaskiewicz, 115515th Street NW., Washington, D.C.20005, and Edwin H. van Deusen (sameaddress as applicant). By applicationfiled Januark 24, 1967, as amended, ap-plicant seeks a certificate of public con-venience and necessity authorizing op-eration, in interstate or foreign com-merce, as a common carrier by motorvehicle, over irregular routes, of diam-monium phosphate, in bulk, from Depue,Riverdale, and Colfax, Ill., and DesMoines, Iowa, to points in Iowa, Illinois,Indiana, Kansas, Minnesota, Missouri,Nebraska, North Dakota, Ohio, SouthDakota, Wisconsin, and Michigan. A re-port and iecommended order of theHearing Examiner, and served March 14,1968, which became effective May 2,1968, finds that the present and futurepublic convenience and necessity requireoperation by applicant, in interstate orforeign commerce, as a common carrierby motor vehicle, over irregular routes,of diammonium phosphate, in bulk, fromDepue, Colfax, and Riverdale, M11., andDes Moines, Iowa, to points in Illinois,Iowa, Indiana, Michigan, Ohio,-Wiscon-sin, Missouri, Kansas, Nebraska, SouthDakota, North Dakota, and Minnesota.Restriction: The above authority is re-stricted to traffic originating at theplantsites or warehouse facilities of theNew Jersey Zinc Co. and destined topoints in the above-named States; thatapplicant is fit, willing, and able properlyto perform such service and to conformto the requirements of the InterstateConimerce Act and the Commission'srules and regulations thereunder. Be-cause it is possible that other personswho have relied upon the notice of theapplication as published, may have aninterest in and-would be prejudiced bythe lack of proper notice of the author-ity described in the findings in this or-der, a notice of the authority actuallygranted will be published in the FEDERALREGISTER and issuance of a certificate inthis proceeding will be withheld for aperiod of 30 days from the date of suchpublication, during which period anyproper party in interest may file an ap-propriate petition to reopen or for otherappropriate relief setting forth in detailthe precise manner in which it has beenso prejudiced.

No. MC 110988 (Sub-No. 232) (Repub-lication), filed January 30, 1967, pub-lished in the FEDERAL REGISTER issues of


7606

February 24, 1967, May 19, 1967, May 25,,1967, and August 10, 1967, and repub-lished this issue. Applicant: KAMPOTRANSIT, INC., 200 West Cecil Street,Neenah, Wis. Applicant's representative:E. Stephen Heisley, 529 TransportationBuilding, Washington, D.C. 200067 Byapplication filed January 30, 1967, appli-cant seeks a certificate of public con-venience and necessity authorizing op-eration in interstate or foreign commerceas a common carrier by motor vehicle,over irregular routes, of diammoniumphosphate, in bulk, in tank or hoppertype vehicles, from Depue, Colfax, andRiverdale, i., and Dubuque and DesMoines, Iowa, to points in Illinois, Iowa,Wisconsin, Minnesota, Missouri, Ne-braska, Kansas, South Dakota, NorthDakota, Indiana, Ohio, and Michigan.The application was referred to Exam-iner Frank J. Mahoney for hearing andthe recommendation of an appropriateorder thereon. Hearing was held on No-vember 15, 1967 at Chicago, Ill. A reportand order of the Commission, division 1,served March 14, 1968, as amended, findsthat the present and future public con-venience and necessity require operationby applicant as a common carrier bymotor vehicle, in interstate or foreigncommerce, over irregular routes, trans-porting diammonium phosphate, in bulk,from Depue, Colfax, and Riverdale, Ill.,and Des Moines, Iowa, to points in Illi-nois, Iowa, Indiana, Michigan; Ohio,Wisconsin, Missouri, Kansas, Nebraska,South Dakota, North Dakota, and Minne-sota. Restriction: The above authorityis restricted to traffic originating at theplantsites or warehouse facilities of theNew Jersey Zinc Co. and destined topoints in the above named States; thatapplicant is fit, willing, and able properlyto perform such service and to conformto the requirements of the InterstateCommerce Act and the Commission'srules and regulations thereunder. Be-cause it is possible that other parties,who have relied upon the notice of theapplication as published, may have aninterest in and would be prejudiced bythe lack of proper notice of the authoritydescribed in the findings in this order,a notice of the authority actually grantedwill be published in the FEDERAL REGISTERand issuance of a certificate in this pro-ceeding will be withheld for a period of30 days from the date of such publica-tion, during which period any properparty in interest may file a petition toreopen or for other appropriate reliefsetting forth in detail the precise mannerin which it has been so prejudiced.

No. MC 111729 (Sub-No. 247) (Repub-lication), filed August 7, 1967, publishedFEDERAL REGISTER issues of September 8,1967, and February 28, 1968, and repub-lished this issue: Applicant: AMERICANCOURIER CORPORATION, 222-17Northern Boulevard, Dayside, N.Y. 11361.Applicant's representative: Russell S.Bernhard, 1625 K Street NW., Common-wealth Building, Washington, D.C. 20006.By application filed August 7, 1967, asamended, applicant~seeks a certificate ofpublic convenience and necessity au-thorizing operation, in interstate or for-eign commerce, as a common carrier by

motor vehicles, over irregular routes points in New Hampshire (except Hills-transporting: (1) business papers, rec- boro and Rockingham Counties, N.H.);ords, and audit and accounting media points in Connecticut (except points inof all kinds (excluding plant removals), Fairfield County, New Haven, Litchfield,and sales and advertising papers moving and Middlesex Counties, Conn.); pointstherewith, (a) between Fairmont, W. Va., in Maine (except Knox, Penobscot, Ken-on the one hand, and, on the other, nebec, Androscoggin, and CumberlandGreensburg, Pa.; (b) between Braintree, Counties, Maine); and points in RhodeMass., on the one hand, and, on the Island (except Providence County, R.I.);other, Union, N.J.; (c) between West- points in New York; and points in Newboro, Mass., on the one hand, and, on Jersey; (f) between Tonawanda, N.Y.,the other, Arctic, East Greenwich, War- on the one hand. and, on the other,ren, Wickford, Westerly, and Wakefield, Cleveland and Fostoria, Ohio; Buffalo,R.I.; (d) between O'Hare Field, Chicago, N.Y., and Clarksburg, W. Va.; (g) be-Ill:, on the one hand, and, on the other, tween Richmond, Va., and Orangeburg,River Grove, Ill., and Cleveland, Ohio, S.C.; (2) payroll checks, (a) from Tona-on shipments having prior or subsequent wanda, N.Y., to Cleveland and Fostoria,movement by air; (e) between Mid- Ohio; (b) between Tonawanda, N.Y., ondlesex County, Mass., on the one hand, the one hand, and, on the other, Buffalo,and, on the other, points in New Hamp- N.Y., and Clarksburg, W. Va.; (c) be-shire (except Hillsboro and Rockingham tween Richmond, Va., and Orangeburg,Counties, N.H.); points in Connecticut S.C.; (3) radiopharmaceuticals, radio-(except Fairfield County, New Haven, chemicals, certified radiation standards,Litchfield, and Middlesex Counties, and radiation sources, between Cam-Conn.); points in Maine (except Knox, bridge, Mass., on the one hand, and, onPenobscot, Kennebec, Androscoggin, and the other, points in Maine, New Hamp-Cumberland Counties, Maine); points in shire, Rhode Island, and Connecticut;Rhode Island (except Providence Coun- that applicant is fit, willing, and ablety, R.I.) ; points in New York; and points properly to perform such service and toin New Jersey. conform to the requirements of the In-

(f) Between Tonawanda, N.Y., on the r terstate Commerce Act and the Commis-one hand, and, on the other, Cleveland sion's rules and regulations thereunder.and Fostoria, Ohio; Buffalo, N.Y., and Because it is possible that other parties,Clarksburg, W. Va.; (g) between Rich- who have relied upon the notice of themond, Va., and Orangeburg, S.C.; (2) application as published, may have anpayroll checks, (a) from Tonawanda, interest in and would be prejudiced byN.Y., to Cleveland and Fostoria, Ohio; the lack of proper notice of the authority(b) between Tonawanda, N.Y., on the described in the findings in this order,one hand, and, on the other, Buffalo, a notice of the authority actually grantedN.Y., and Clarksburg, W. Va.; (c) be- will be published in the FEDERAL REGISTERtween Richmond, Va., and Orangeburg, and issuance of a certificate in this pro-S.C.; (3) radiopharmaceuticals, radio- ceeding will be withheld for a period ofchemicals, certified radiation standards, 30 days from the date of such publica-and radiation sources, between Cam- tion, during which period any properbridge, Mass., on the one hand, and, on party in interest may file a petition to re-the other, points in Maine, New Hamp- open or for other appropriate relief set-shire, Rhode Island, and Connecticut. ting forth in detail the precise mannerThat by order entered herein on Janu- in which it has been so prejudiced.ary 29, 1968, applicant was granted the No. MC 115331 (Sub-No. 223) (Repub-authority indicated below, except that, lication), filed March 17, 1967, publishedthrough inadvertence, authority was FEDERAL REGISTER issues of April 6, 1967,granted to serve points in Fairfield and August 10, 1967, and republished thisCounty, Conn. A supplemental order of issue. Applicant: TRUCK TRANSPORT,the Commission, Operating Rights Board INCORPORATED, 707 Market Street, St.dated March 29,1968, and served May 13, Louis, Mo. 63101. Applicant's represent-1968, as amended, finds that the present ative: Thomas F. Kilroy, 913 Coloradoand future public convenience and neces- Building, 1341 G Street NW., Washing-sity require operation by applicant, in ton, D.C. 20005. By application fiedinterstate or foreign commerce as a March 17, 1967, as amended, applicantcommon carrier by motor vehicle over seeks a certificate of public convenienceirregular routes, of (1) business papers, and necessity authorizing operation, inrecords, and audit and accounting media interstate or foreign commerce, as a(except cash letters), and sales and ad- common carrier by motor vehicle, oververtising papers moving therewith, (a) irregular routes of diammonium phos-between Fairmont, W. Va., on the one phate, in bulk, (1) from Depue, and Col-hand, and, on -the other, Greensburg, fax, 311., to points in Illinois, Indiana,Pa.; (b) between Braintree, Mass., on Iowa, Kansas, Michigan, Minnesota, Mis-the one hand, and, on the other, Union, souri, Nebraska, North Dakota, Ohio,N.J.; (c) between Westboro, Mass., on South Dakota, and Wisconsin; (2) fromthe one hand, and, on the other, Arctic, Riverdale, III., to points in Illinois, In-East Greenwich, Warren, Wickford, diana, Michigan, Ohio, and Wisconsin;Westerly, and Wakefield, R.I.; (d) be- (3) from Des Moines, Iowa, to points intween O'Hare Field, Chicago, Ill., on the Iowa, Illinois, Kansas, Minnesota, Mis-one hand, and, on the other, River Grove, souri, Nebraska, North Dakota, Southinl., and Cleveland, Ohio, on shipment Dakota, and Wisconsin; and (4) fromhaving prior or subsequent movement by Dubuque, Iowa, to points in Iowa, Illi-

air. - nois, Kansas, Minnesota, Missouri, Ne-

(e) Between Middlesex County, Mass., braska, North Dakota, South Dakota, andon the one hand, and, on the other, Wisconsin. A report and recommended

FEDERAL REGISTER, VOL. 33, NO. 100-WEDNESDAY, MAY 22, 1968Ho. 100---8

7607NOTICES

NOTICES

order of the Hearing Examiner, servedMarch 14, 1968, and which became ef-fective May 2, 1968, finds that the presentand future public convenience and neces-sity require operation by applicant, ininterstate or foreign commerce, as acommon carrier by motor vehicle, overirregular routes, of diammonium phos-phate, in bulk, from Depue, Colfax, andRiverdale, Ill., and Des Moines, Iowa, topoints in Illinois, Iowa, Indiana,-Michi-gan, Ohio, Wisconsin, Missouri, Kansas,Nebraska, South Dakota, North Dakota,and Minnesota. Restriction: The aboveauthority is restricted to traffic originat-ing at the plantsites or warehouse fa-cilities of the New Jersey Zinc Co.-anddestined to points in the above-namedStates; that applicant is fit, will-ing, and able properly to perform suchservice and to conform to the require-mentg of the Interstate Commerce Actand the Commission's rules and regula-tions thereunder. Because it is possiblethat other persons who have relied uponthe notice of the application as pub-lished, may have 'an interest in andwould be prejudiced by the lack of propernotice of the authority described in thefindings in this order, a notice of theauthority actually granted will be pub-lished in the FEDERAL REGISTER and is-suance of a certificate in this proceedingwill be withheld for a period of 30 daysfrom the date of such publication, dur-ing-which period any proper party ininterest may file ain appropriate petitionto reopen or for other appropriate reliefsetting forth in detail the precise man-ner in which it has been so prejudiced.

No. MC 115651 (Sub-No. 18) (Repub-lication), filed May 12, 1967, publishedFEDERAL REGISTER issue of May 25, 1967,and republished this issue. Applicant:KANEY TRANSPORTATION, INC., Ru-ral Route No. 4, Post Office Box 12, Free-port, Ill. 61032. Applicant's representa-tive: David Axelrod, 39 South La SalleStreet, Chicago, ill. 60603. By applica-tion filed May 12, 1967, as amended, ap-plicant seeks a certificate of public con-venience and necessity authorizingoperation, in interstate or foreign com-merce, as a common carrier by motorvehicle, over irregular routes of diam-monium phosphate, in bulk, (1) fromDepue, Ill., to points in Illinois, Indiana,Iowa, Kansas, Michigan, Minnesota, Mis-souri, Nebraska, North Dakota, Ohio,South Dakota'and Wisconsin; (2) fromRiverdale and Colfax, Ill., to points inIllinois, Indiana, Michigan, Ohio, andWisconsin; (3) from Des Moines, Iowa,to points in Iowa, Illinois, Kansas, Min-nesota, Missouri, Nebraska, North Da-kota, South Dakota, and Wisconsin; and(4) from Dubuque, Iowa, to points inIowa, Illinois, Kansas, Minnesota, Mis-souri, Nebraska, North Dakota, SouthDakota, and Wisconsin. A report and or-der recommended by Hearing ExaminerFrank J. Mahony, served March 14, 1968,which became effective May 2, 1968, findsthat the present and future public con-venience and necessity require operationby applicant, in interstate or foreigncommerce, as a common carrier by mo-tor vehicle, over irregular routes, of

diammonium phosphate, in bulk, fromDepue, Colfax, and Riverdale, Ill., andDes Moines, Iowa, to points in Illinois,Iowa, Indiana' Michigan, Ohio, Wiscon-sin, Missouri, Kansas, Nebraska, SouthDakota, North Dakota, and Minnesota.

Restriction: The above authority isrestricted to traffic originating at theplantsites or warehouse facilities of theNew Jersey Zinc Co. and destined topoints in the above named states; thatapplicant is fit, willing, and able prop-erly to perform such service and to con-form to the requirements of the Inter-state Commerce Act and the Commis-sion's rules and regulations thereunder.Because it is possible that other personswho have relied upon the notice of theapplication as published, may have aninterest in and would be prejudiced bythe lack of proper notice of the authoritydescribed in the findings in this order, anotice of the authority actually grantedwill be published in the FEDERAL REGISTERand issuance of a certificate in this pro-ceeding will be withheld for a period of30 days from the date of such publica-tion, during which period any properparty in interest may file an appropriatepetition to reopen or for other appropri-ate relief setting forth in detail the pre-cise manner in which it has been soprejudiced.

No. MC 119934 (Sub-No. 136) (Repub-lication), filed March 8, 1967, publishedFEDERAL REGISTER issues of March 23,1967, and June 15, 1967, and republishedthis issue. Applicant: ECOFF TRUCK-ING, INC., 625 East Broadway, Fortville,Ind. 46204. Applicant's representative:Robert C. Smith, 620 Illinois Building,Indianapolis, Ind. 47204. By applicationfiled March 8, 1967, as amended, appli-cant seeks a certificate of public con-.

-venience and necessity authorizing op-eration, in interstate or foreign com-merce, as a common carrier by motorvehicle, over irregular routes of dian-monium phosphate, inbulk vehicles,from Depue, Ill., to points in Illinois,Iowa, Wisconsin, Missouri, Minnesota,Nebraska, Kansas,' South Dakota, NorthDakota, Indiana, and Ohio. A report andorder recommended by Hearing Exami-ner Frank J. Mahoney, served March 14,1968, which became effective May 2, 1968;finds that the present and future publicconvenience and necessity require opera-tion by applicant, in interstate oK foreigncommerce, as a common carrier by inotor.vehicle, over irregular routes, of diam-monium phosphate, in bulk, from Depue,Colfax, and Riverdale, Ill., and DesMoines, Iowa, to points in Illinois, Iowa,Indiana,' Michigan, Ohio, Wisconsin,Missouri; Kansas, Nebraska, South Da-kota, North Dakota, and' Minnesota.Restriction: The above authority is re-stricted to traffic originating at theplantsites or warehouse facilities of theNew Jersey Zinc Co. and destined topoints in the above named States; thatapplicant is fit, willing, and able prop-erly to perform such service and to con-form to the requirements of the Inter-state Commerce Act and the Commis-sion's rules andregulations thereunder.Because it is possible that other persons

who have relied upon the notice of theapplication as published, may have an'interest in and would be prejudiced bythe lack of proper notice of the authoritydescribed in the findings in this-order, anotice of the authority actually grantedwill be published in the FEDERAL REGISTERand issuance of a certificate in this pro-ceeding will ]de withheld for a period of30 days from the date of such publica-tion, during which period any properparty in interest may file an appropriatepetition to reopen or for appropriaterelief setting forth in detail the- precisemanner in which it has been soprejudiced.

NOTICE OF FILING OF PETITION

No. MC 123075 (Sub-No. 2), (Noticeof Filing of Petition for Modification ofPermit), filed May 2, 1968. Petitioner:HARVEY D. SHUPE, HOWARD YOST,AND CHARLES IMANDER, a partner-ship, doing business as SHUPE & YQST,Greeley, Colo. Petitioner's representa-tive: Michael T. Corcoran, 1360 LocustStreet, Denver, Colo. 80220. Petitionersstate that they hold authority in MC123075 (Sub-No. 2) to transport: Saltand salt products, from the plantsite ofthe Solar Salt Co. in Tooele County,Utah to points in Colorado, Kans., thatpart of Nebraska and South Dakota onand west of U.S. Highway 83, and Wyo-ming, with no transportation for com-pensation on return except as otherwiseauthorized, limited to a transportationservice to be performed, under a con-tinuing contract, or contracts, with thefollowing shippers: -Carey 'Salt Co.,Hutchinson, Kans., and Solar Salt Co.,Salt Lake City, Utah. By the instant peti-tion, petitioners respectfully request thattheir Sub 2 permit be modified by the ad-ditibn of VWR United Corp., doing bisi-ness as Bonanza Salt Co., as a contractingshipper with respect to the authorizedoperations described above. Any person orpersons desiring to participate, may filean original and six copies of his writtenrepresentations, views, or argument insupport of, or against the petition within30 days from the date of publication inthe FEDERAL REGISTER.

APPLICATIONS UNDER SECTIONS 5 AND 210a(b).

The following applications are gov-erned by the Interstate Commerce Com-mission's special rules governing noticeof filing of applications by motor car-riers of property or .passengers undersections 5(a) and 210a(b) of the Inter-state Commerce Act and certain otherproceedings' with respect thereto. (49CFR 1.24D.)


No. MC-F-10101. (Correction) (MUR-PHY MOTOR FREIGHT LINES, INC.-Merger-KEESHIN TRANSPORT SYS-TEM, INC.), published in the May 1,1968, issue of the FEDERAL REGISTER, onpage 6687. This correction is to delete aportion of the authority sought to bemerged which was included in the priorpublication and to include the modifiedauthority. Authority to be deleted: Gen-eral commodities, excepting, among


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others, household goods and commoditiesin bulk, as a common carrier, over regularroutes, between Dubuque, Iowa, andChicago, Ill., serving all intermediatepoints. Additional authority as modifiedsought to be merged: General com-modities, excepting, among others, house-hold goods and commodities in bulk, asa common carrier, over regular routes,between Stockton, IlL, and Chicago, Ill.,serving all intermediate points. NOTi:The canceled and modified authoritieswere pursuant to the order in MC-F-9807 (MURPHY MOTOR FREIGHTLINES, INC.-C o n t r o l-KEENSHINTRANSPORT SYSTEM, INC.), uponconsumation October 27, 1967.

No. MC-F-10121. Authority sought forcontrol by McLEAN TRUCKING COM-PANY, Post Office Box 213, 617 Waugh-town Street, Winston-Salem, N.C., ofHERRIN TRANSPORTATION COM-PANY, 2301 McKinney Avenue, PostOffice Box 1440, Houston, Tex., and foracquisition by M. C. BENTON, JR., andPAUL P. DAVIS,' both also of Winston-Salem, N.C., of control of HERRINTRANSPORTATION C 0 M P A N Y,through the acquisition by McLEANTRUCKING COMPANY. Applicants'attorneys: David G. MacDonald, Suite502 Solar Building, 1000 16th StreetNW., Washington, D.C. 20036, and LeroyHallman, 45th Floor, First National BankBuilding, Dallas, Tex. 75202. Operatingrights sought to be controlled: Generalcommodities, except those of unusualvalue, baled cotton, household goods asdefined by the Commission, commoditiesin bulk, and commodities requiring spe-cial equipment, as a common carrier,over regular routes, serving Fairfield,Tex., restricted to joinder only of car-rier's regular routes, authorized here-in, through Fairfield for the purpose ofproviding through service between Waco,Tex., and points on Carrier's routes eastof 'De Ridder, La., authorized herein;general commodities, excepting, amongothers, household goods and commoditiesin bulk, serving all intermediate and off-route points of Camp Polk, La., in con-nection with the following routes author-ized herein: (1) Between Lake Charles,and Mansfield, La., over U.S. Hghwav171.

(2) Between Mansfield, La., andMany, La., over Louisiana 175 (for-merly Louisiana Highways 51 and 1),between Sunset, LE., and Scott, La.,between Sunset, La., and Rayne, La.,between Bristol, La., and Duson, La.,serving all intermediate points, and theoff-route points within 2 miles of thespecified routes; between Corsicana,Tex., and De Ridder, La., serving theintermediate points of Merryville, La.,and Lufkin, Tex., with restriction;between La Placa, La., and New Orleans,La., serving all intermediate points,between De Ridder, La., and junctionLouisiana Highway 26 (formerly Louisi-ana Highway 25) and U.S. Highway 190near Elton, La., between junction U.S.Highway 90 and Louisiana Highway 318(formerly Louisiana Highway 912), andthe site of the plant of United Carbon Co.near Weeks, La., known as United, La.,

serving no intermediate points, betweenNew Orleans, La., and Jacksonville, Fla.,serving certain intermediate points, andthe off-route point of the NationalAeronautics, and Space AdministrationCentralized Testing Site, located inHancock County, Miss., and St. Tam-many Parish, La., near Santa Rosa andGainesville, Miss., between Jacksonville,Fla., and the site of The Thiokol Chemi--cal Corp. plant located approximately6 miles east of Woodbine, Ga.,serving nointermediate points and serving Jack-sonville as a point of joinder only in

•connection with carrier's regular routeto and from Jacksonville, authorizedherein; between Memphis, Tenn., andJacksonville, Fla., serving certain inter-mediate points as points of joinder only,between Tupelo, Miss., and Pensacola,Fla., serving certain intermediate pointsas points of joinder only, an.d serving allpoints within 15 miles of Pensacola, be-tween Columbus, Ga., and Savannah,Ga., serving the intermediate point ofMacon, Ga., and serving Columbus, Ga.,as a point of joinder only, between Sa-vannah, Ga., and Marianna, Fla., servingall*intermediate points and the off-route.points of Attapulgus and Clyattville, Ga.,between Macon, Ga., and Donalsonville,Ga., serving all intermediate points, andthe off-route point of Warner Robins,Ga., between Thomasville, Ga., and Tal-lahassee, Fla., serving all intermediatepoints, between junction U.S. Highway17 and U.S. Highway 82 near Midway,Ga., and Jacksonville, Fla., serving allintermediate points and the off-routepoint of St. Marys, Ga., between Bruns-wick, Ga., and Waycross, Ga., servingno intermediate points, between Cordele,Ga., and Lake City, Fla., between Albany,Ga., and Quitman, Ga., between Albany,Ga., and Thomasville, Ga., betweenTifton, Ga., and Thomasville, Ga., serv-ing all intermediate points, betweenPerdue Hill, Ala., -and Frisco City, Ala.,serving no intermediate points, andserving the termini as points of joinderonly, between Monroe, La., and Colum-bus, Ga., serving no intermediate points,and serving Jackson, Miss., and Colum-bus, Ga., as points of joinder only,between Jackson, Miss., and Mobile, Ala.,serving no intermediate points, andserving Jackson, Miss., and Mobile, Ala.,as points of joinder only, with restric-tion; over numerous alternate routes foroperating convenience only.

General commodities, -nd Govern-ment-owned compressed gas trailers,empty or loaded with compressed gasesother than liquefied petroleum gas,between Forest Hill, La., and a point onLouisiana Highway 112 (formerly Lou-isiana Highway 24), 4 miles from ForestHill, serving all intermediate points;general commodities, between Alexan-dria, La., and Leesville, La., for operatingconvenience only, serving no interme-diate points; general commodities,except currency, stamps, gold and silverbullion, loose bulk commodities, andcommodities contaminating to otherlading; and Government-owned com-pressed gas trailers, empty or loaded withcompressed gases other than liquefied

petroleum gas, between Shreveport, La.,and Bossier City, La., serving no inter-mediate points; classes A and B explo-sives, general commodities, except house-hold goods as defined by the Commis-sion, and commodities in bulk; andGovernment-owned compressed gastrailers, empty or loaded with compressedgases other than liquefied petroleumgas, between Ville Platte, La., andEunice, La., between Gibson, La., andThibodaux, La., serving no intermediatepoints; general commodities, exceptthose of unusual value, household goodsas defined by the Cbmmission, and com-modities in bulk, and

Government-owned compressed gastrailers, empty or loaded with com-pressed gases other than liquefied petro-leum gas, between Houston, Tex., andNew Orleans, La., serving all intermedi-ate and certain off-route points, betweenBeaumont, Tex., and Port Arthur,Tex., between Houston, Tex., and Shreve-port, La., between Tenaha, Tex., andMansfield, La., between Toomey, La., andNew Orleans La., between Port Allen, La.,and Leeville, La., between Sulphur, La.,and Hackberry, La., between junctionU.S. Highway 190 and Louisiana High-way 97 (formerly Louisiana Highway370), near Basile, La., and Opelousas, La.,between Eunice, La., and Kaplan, La.,between Rayne, La., and Opelousas, La.,between Abbeville, La., and BreauxBridge, La., between Lafayette, La., andOpelousas, La., between Logansport, La.,and Gloster, La.,between Opelousas, La.,and Ville Platte, La., serving all inter-mediate points, between Lake Charles,La., and Shreveport, La., serving all inter-mediate points except those betweenLake Charles and Mansfield, La., betweenjunction unnumbered highway, known asOld Port Arthur Road, and U.S. Highway69, about 3 miles south of Beaumont,Tex., and Port Arthur, Tex., serving allintermediate points, between Memphis,Tenn., and Little Rock, Ark., serving theintermediate point of Lonoke, Ark., be-tween Little Rock, Ark., and Shreveport,La., between El Dorado, Ark., and Ham-burg, Ark., serving all intermediate andcertain off-route points; between Cros-sett, Ark., and Monroe, La., betweenMemphis, Tenn., and Monroe, La., foroperating convenience only, serving nointermediate points; between Monroe,La., and Hancock, La., serving no inter-mediate points; between Monroe, La.,and Dubach, La., serving the intermedi-ate point of West Monroe, La., betweenDubach, La., and Minden, La.,serving nointermediate points, over numerousalternate routes for operating conven-ience only; classes A and B explosives,general commodities, except those of un-usual value, household goods as definedby the Commission, commodities in bulk,and those requiring special equipment;and

Government-owned compressed gastrailers, empty or loaded with compressedgases other than liquefied petroleum gas,between Boutte, La., and the Huey P.Long Bridge, near New Orleans, La., be-tween New Orleans, La., and Chalmette,La., between junction U.S. Highway 190and west approach of the Mississippi


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River Bridge, La., and Baton Rouge, La.,between Houma, La., and Dulac, La., be-tween Houma, La., and Montegut, La.,between Houma, La., and Chauvin, La.,serving all intermediate points; classesA and B explosives, general commodities,except those of unusual value, baled cot-ton, household goods as defined by theCommission, commodities in bulk, com-modities requiring special equipment,and those injurious or contaminating toother lading; and Government-ownedcompressed gas trailers, empty or loadedwith compressed gases other than lique-fied petroleum gas, between Galveston,Tex., and Fort Worth, Tex., serving cer-tain intermediate-points; general com-modities, except household goods asdefined by the Commission, betweenAlexandria, La., and Lake Charles, La.,between Kinder, La., and Eunice, La.,serving all intermediate points; generalcommodities, except articles of excessivevalue classes A and B explosives, live-stock, and household goods as defined bythe Commission, over irregular routes, be-tween certain specified points inArkansas, on the one hand, and, on theother, Texarkana, Tex., Ruston, La., andpoints in Arkansas south and west ofa line beginning at the Arkansas-Okla-homa State line and extending along U.S.Highway 270 to Pine Bluff, Ark., thencealong U.S. Highway 270 to Pine Bluff,Ark., thence along U.S. Highway-65 to theArkansas-Louisiana State line, includingpoints on the indicated portions of thehighways specified, between Monroe, La.,on the one hand, and, on the other,Texarkana, Tex., and Ruston, La., andpoints in the Arkansas territorydescribed immediately above (with cer-tain exceptions).

Government-owned - compressed gastrailers, empty or loaded with com-pressed gases other than liquefied petro-leum gas, between the points, and overthe irregular routes, in Arkansas andTexas, as authorized in the two imme-diately above routes under the commod-ities description next above, betweenShreveport, La., and the Eglin Air ForceBase, Fla.; classes A and B explosives,and general commodities, except those ofunushal value, baled cotton, householdgoods as defined by the Commission,commodities in bulk, commodities re-quiring special equipment, and those in-jurous or contaminating to other lading,and Government-owned compressed gastrailers, empty or loaded with com-pressed gases other than liquefied petro-leum gas, between points within 3 milesof Houston, Tex., including Houston;general commodities, between NewIberia, La., and points within Tmiles ofNew Iberia; dangerous explosives, be-tween the site of the U.S. Naval Ammu-nition Depot near Savanna, Okla., onthe one hand, and, on the other, the siteof the US. Naval loading and unloadingfacilities, at or near Belle Chasse, La.;dry fish meal and fish -scrap, in bulk,from Port Arthur, Tex., to certain spec-ified points in Missouri, Cairo, Ill., andcertain specified points in Texas, fromEmpire, La., to certain sjecifled pointsin Arkansas, Missouri, Cairo, Ill., certainspecified points in Texas, and Shreve-port, La.

NOTICES

Fish oil, in bulk, from Empire, La., tocertain specified points in Arkansas, andCairo, Ill., from Port Arthur, Tex., tocertain specified points in Arkansas,Cairo, Ill., and Shreveport, La.; drycottonseed meal, in bulk, from Decaturand Pekin, Ill., and Memphis, Tenn., toHouston, Tex.; dry soybean meal, inbulk, from Decatur and Pekin, Ill., to

-Houston, Tex.; and carbon black, inbulk, from El Dorado, Ark., Monroe, La.,Seagraves and Kosmos, Tex., and Ryusand Hickok, Kans., to Akron, Ohio, fromRyus and Hickok, Kans., to West Helena,Ark., between-points in Texas and Loui-siana, McLEAN TRUCKING COMPANY,is authorized to operate as a commoncarrier in Virginia, North Carolina,South Carolina, Delaware, New Jersey,Massachusetts, Maryland, Georgia, Mis-souri, New York, Connecticut, West Vir-ginia, Virginia, Pennsylvania, Kentucky,Illinois, Tennessee, Iowa, Ifidiana,, Ohio,Texas, Maine, Michigan, Missisippi,New Hampshire, Rhode Island, Vermont,Wisconsin, and the District of Columbia.Application has not been filed for tem-porary authority under section 210a(b).NOTE: See also No. MC-F-1007.1 (MER-CHANTS FAST MOTOR LINES, INC.-Purchase (Portion)-HERRIN TRANS-PO1TATION CO.), published in 'theMarch 20, 1968, issue of the FEDERAL REG-ISTER, on page 4769.

No. MC-F-10122. Authority sought forcontrol- and merger by WATKINSCAROLINA EXPRESS, INC., Post Of-fice Box 10188, Federal Station, Green-ville, S.C. 29603, of tho operating rightsand property of FLEMING'S TRANS-FER, Post Office Box 10188, FederalStation, Greenville, S.C. 29603, and foracquisition by WATKINS MOTORLINES, INC., 1120 West Griffin Road,Lakeland, Fla. 33801, and in turn by BILLWATKINS, Post Office Box 1738, At-lanta, Ga. 30301, of control of suchrights and property through the'trans-action. Applicants' attorney and repre-sentatives: Paul M. Daniell, Suite 1600,First Federal Building, Atlanta, Ga.30303, Bill Watkins, Post Office Box1738, Atlanta, Ga. 30301, John C. Flem-ing, Jr., Post Office Box 1002, Danville,Va. 24541, and George W. Clapp, PostOffice Box 10188, Greenville, S.C. 29603.Operating rights sought to be controlledand merged: General commodities, ex-cepting, among others, household goodsand commodities in bulk, as a commoncarrier, over regular routes, betweenRichmond, Va., and Danville, Va., serv-ing all intermediate points; generalcommodities, excepting, among others,household goods and commodities inbulk, over irregular routes, between Dan-ville, Va., and points within 5 milesthereof, on the one hand, and, on theother, certain specified points in NorthCarolina, from points in the New York,N.Y., commercial zone, as defined by theCommission in 1 M.C.C. 665, Philadel-phia, Pa., and Baltimore, Md., to Dan-ville, Va., between New York, N.Y., onthe one hand, and; on the other, certainspecified points in New Jersey, betweencertain specified points in Virginia, onthe one hand, and, on the other, Wash-ington, D.C., Baltimore, Md., and pointsin. North Carolina within 160 miles of

Victoria, Va., from Norfolk, Va., to Dan-ville, Va., and points in Virginia andNorth Carolina within 30 miles of Dan-ville, Va.

Canned goods and vinegar, fromWaynesboro, Va., to Augusta and Wrens,Ga., and points in North Carolina andSouth Catolina; sugar and canned goods,from Baltimore, Md., to Danville andMartinsville, Va.;, malt beverages,.from Newark, N.J., to Red Oak, Va.;cotton, rayon, and silk textile prod-ucts, from Danville, Va., to pointsin the New York, N.Y., commercial,zone, as defined by the Commissionin 1 M.C.C. 665; unfinished cottonpiece-goods, from certain specified pointsin North Carolina, and South Carolina,to Danville, Va.; finished and unfinishedcotton and woolen piece goods, fromDanville, Va., to Norfolk, Va., certainspecified points in New Jersey, Wilming-ton, Del., certain specified points inPennsylvania, Annapolis, and Baltimore,Md., Charlotte and Yadkin, N.C., andcertain specified points in South Caro-lina; granite, rough quairied or dressed,from Elberton, Ga., Columbia, S.C., andSalisbury, N.C., to Danville, Va., fromMount Airy, N.C., to points in Mary-land, New Jersey, New York, Pennsyl-vania, Virginia, and the District of Col-umbia; potatoes, from Charleston, S.C.,and Goldsboro and Kinston, N.C., toDanville, Va.; cotton, from Norfolk, Va.,to Elkin, N.C.; feed and flour, from Alta-vista, Va., to Danville, Va., and certainspecified points in North Carolina; fer-tilizer and fertilizer materials, fromDanville, Va., to certain specified pointsin North Carolina; aluminum, lead, wirecable, babbitt, brass, and copper scrap,from Danville, Va., to Baltimbre, Md.,and Philadelphia, Pa.; -waste paper,scrap paper, and rags, from Danville,Va., to Baltimore, Md.; box shooks, from-Hickory, N.C., to Shenandoah, Va.

Leaf tobacco, in bales, from Danville,Va., to Jersey City, N.J.; and leaf to-bacco, between certain specified pointsin Virginia, and points in that part ofNorth Carolina and South Carolina eastand north of a line beginning at theNorth Carolina-Virginia State line andextending along U.S. Highway 21 toPineville, N.C., thence along U.S. High-way 521 to Georgetown, S.C., and thencesoutheastwardly to the Atlantic Ocean,not including points on the indicatedportions of the highways specified, frompoints, in the North Carolina and SouthCarolina territory described immediatelyabove, to Richmond, Va. WATKINSCAROLINA EXPRESS, INC. is author-ized to operate as a common -carrier inSouth Carolina, North Carolina, andGeorgia. Application has not been filedfor temporary authority under section210a(b). NOTE: See also MC-F-9360(BILL WATKINS-CONTROL--FLEM-ING'S TRANSFER), published in theMarch 9, 1966, issue of the FEDERALREGISTER on page 4183.

No. MC-F-10123. Authority soughtfor purchase by M. D. SNIDER, PostOffice Box 299, Pampa, Tex. 79066, ofthe operating rights of SMULCERTRUCKING COMPANY, INC., Post Of-fice Box 836, Wichita Falls, Tex. Appli-


NOTICES

cants' attorney: Benton Coopwood, 904Lavaca Street, Austin, Tex. 78701. Oper-ating rights sought to be transferred:Machinery, materials, supplies, andequipment incidental to, or used in theconstruction, development, operating,and maintenance of facilities for the dis-covery, development, and production ofnatural gas and petroleum, as a com-mon carrier, over irregular routes, be-tween points in Oklahoma, and that partof Texas on and west of U.S. Highway 81.Vendee is authorized to operate as acommon carrier, in intrastate commercewithin the State of Texas. Applicationhas not been filed for temporary author-ity under section 210a(b). NOTE: Thisapplication was filed pursuant to the or-der in No. MC-FC-70231 (M. D.SNIDER, Transferee and SMULCERTRUCKING COMPANY, INC., Trans-feror). By separate request Applicantseeks revocation of his present certificateof registration authority upon approvalof this transaction.

No. MC-F-10124. Application undersection 5(1) of the Interstate Com-merce Act for approval of an agree-ment between common carriers for thepooling of service. Applicants: THECHIEF FREIGHT LINES COMPANY,2401 North Harvard, Tulsa, Okla. 74115(MC-71478), CONSOLIDATEDFREIGHTWAYS CORPORATION OFDELAWARE, 175 Linfield Drive, MenloPark, Calif. (MC-10928), LEE WAYMOTOR FREIGHT, INC., 3000 WestReno, Post Office Box 82488, OklahomaCity, Okla. 73108 (MC-61440), RISS& COMPANY, INC., Temple Building,Box 2809, 903 Grand Avenue, KansasCity, Mo. 64142 (MC-200), ROADWAYEXPRESS, INC., 1077 Gorge Boule-vard, Akron, Ohio 44309 (MC-2202),TRANSCON LINES, 1206 South MapleAvenue, Los Angeles, Calif. 90015 (MC-110325), -VIKING FREIGHT COM-PANY, 1525 South Broadway, St. Louis,Mo. 63104 (MC-35484), WESTERNGILLETTE, INC., 2550 East 28thStreet, Los Angeles, Calif. 90058 (MC-8948), YELLOW TRANSIT FREIGHTLINES, INC., Box 8462, 92d at StateLine, Kansas City, Mo. 64114 (MC-112713), and RYAN FREIGHT LINES,INC., 1257 East Reno, Post Office Box17570, Oklahoma City, Okla. 73117(MC-98646), seek to enter into anagreement for the pooling of service inthe transportation of traffic in inter-state commerce to and from points inthe State of Oklahoma, located on U.S.Highway 77 between Oklahoma City(but not including points within theOklahoma City commercial zone) andthe Oklahoma-Texas State line, andSulphur, Okla., located on U.S. High-way 177. Attorney: John M. Records,Post Office Box 8462, 92d at State Line,Kansas City, Mo. 64114.

No. MC-F-10126. Authority soughtfor control by CARL L JACKSON, PostOffice Box 31, Aurora, Ill. 60507, ofDEERFIELD MOTOR EXPRESS, INC.,1042 Florence Avenue, Evanston, Ill.60201. Applicants' attorney: Paul J.Maton, 10 South La Salle Street, Suite1149, Chicago, Ill. 60603. Operatingrights sought to be controlled: Under

a certificate of registration, in DocketNo. MC-120884 Sub-i, covering thetransportation of general commodities,as a common carrier, in intrastatecommerce, within the State of Illinois.CARL I. JACKSON, holds no authorityfrom this Commission. However, he isthe controlling stockholder of CHI-CAGO-AURORA MOTOR SERVICE,INC., Post Office Box 31, Aurora, Ill.60507, which is authorized to operateas a common carrier in Illinois. Appli-cation has been filed for temporary au-thority under section 210a(b).I No. MC-F-10127. Authority sought for

purchase by IML FREIGHT, INC., 2175South 3270 West, Post Office Box 2777,Salt Lake City, Utah 84110, of i portionof the operating rights of DALE C. HAN-SEN, doing business as MODERNTRANSPORTATION, 701 CampbellAvenue, Santa Clara, Calif. 95052, andfor acquisition by GATES CORPORA-TION, and, in turn by CHARLES C.GATES, JR., both of 999 South Broad-way, Denver, Colo., of control of suchrights through the purchase. Applicants'attorney and representative: Bertram S.Silver, 140 Montgomery Street, SanFrancisco, Calif. 94104, and Edward J.Hegarty, Shell Building, 100 Bush Street,San Francisco, Calif. 94104. Operatingrights sought to be transferred: Generalcommodities, except those of unusualvalue, classes A and B explosives, house-hold goods as defined by the Commission,commodities in bulk, commodities re-'quiring special equipment, and thoseinjurious or contaminating to otherlading, as a common carrier, over irregu-lar routes, between points in San Fran-cisco County, Calif., on the one hand,and, on the other, points in Oakland,Berkeley, Alameda, Emeryville, Albany,and Piedmont, Calif., between points inSan Francisco County, Calif., betweenpoints in Oakland, Berkeley, Alameda,Emeryville, Albany, and Piedmont, Calif.;and general merchandise, between pointsin San Francisco, Calif., between pointsin Oakland, Calif., between San Fran-cisco, Calif., on the one hand, and, onthe other, Bayshore, 'Brisbane, SouthSan Francisco, Richmond, Alameda, Al-bany, Berkeley, El Cerrito, Emeryville,Oakland, Piedmont, and San Leandro,Calif. Vendee is authorized to operateas a common carrier in California, fis-souri, Kentucky, Indiana, Wyoming,Kansas, Illinois, Pennsylvania, Ohio,New Jersey, Massachusetts, New York,Connecticut, Colorado, Utah, Nevada,Iowa, Arizona, Nebraska, Idaho, Oregon,and Washington. Application has notbeen filed for temporary authority undersection 210a(b). NOTE: Applicants pro-pose cancellation of the duplicating au-thority presently held by .Transferee.

No. MC-F-10125. Authority sought forcontrol by PAM MANAGEMENT, INC.,502-504 North Barry Street, Olean, N.Y.14760, o~f CHAUTAUQUA TRANSIT,INC., 401 Prendergast Avenue, James-town, N.Y. 14701, and for acquisition byLOUIS A. MAGNANO, also of Olean,N.Y., of control of CHAUTAUQUATRANSIT, INC., through the acquisi-tion by PAM MANAGEMENT, INC. Ap-

plicants' attorneys: Kenneth T. John-son and Roland W. Malin, Bank ofJamestown Building, Jamestown, N.Y.14701. Operating rights sought to becontrolled: Passengers and their bag-gage, and express, newspapers, and mail,in the same vehicle with passengers, as acommon carrier, over regular routes, be-tween Westfield, N.Y., and Jamestown,N.Y., serving all intermediate points;passengers and their baggage, and ex-press and newspapers in the same vehiclewith passengers, between junction NewYork Highway 17J and ChautauquaCounty Highway 302 approximately 2miles north of Stow, N.Y., and Erie, Pa.,serving all intermediate points; and pas-sengers and their baggage, on round-tripsightseeing or pleasure tours, over ir-regular routes, beginning and ending atpoints in Chautauqua County, N.Y., andextending to points in New York, Penn-sylvania, Rhode Island, Connecticut,Massachusetts, Vermont, New Hamp-shire, Maine, New Jersey, Delaware,Maryland, Virginia, West Virginia, NorthCarolina, South Carolina, Georgia, Flor-ida, Alabama, Mississippi, Louisiana,Kentucky, Tennessee, Ohio, Indiana,Illinois, Michigan, and the District ofColumbia, including points on the UnitedStates-Canada boundary line in Michi-gan, New York and Vermont. PAMMANAGEMENT, INC. holds no author-ity from this Commission. However, itscontrolling stockholder controls BLUEBIRD COACH LINES, INC., 502-504North Barry Street, Olean, N.Y. 14760,which is authorized to operate as a com-mon carrier in all points in the UnitedStates (except Alaska and Hawaii), andhe is affiliated with JOE MAGNANO,doing business as BLUEBIRD CABCOMPANY, 502-504 North Barry Street,Olean, N.Y. 14760, which is authorizedto operate as a contract carrier in NewYork, and Pennsylvania, and ALLEN'STAXI CO., INC., 502-504 North BarryStreet, Olean, N.Y. 14760, which is au-thorized to operate as a common carrierin New York, Pennsylvania, and Ohio,Application has not been filed for tem-porary authority under section 210a(b).

By the Commission.


[F.. Doc. 68-6082; Filed, May 21, 1968;8:47 a.m.]

[Notice 612]

MOTOR CARRIER TEMPORARYAUTHORITY APPLICATIONS

MAY 17, 1968.The following are notices of filing of

applications for temporary authority un-der section 210a(a) of the InterstateCommerce Act provided for under thenew rules of Ex Parte No. MC-67 (49 CFRPart 340), published in the FEDERAL REG-ISTER, issue of April 27, 1965, effectiveJuly 1, 1965. These rules provide thatprotests to the granting of an applicationmust be filed with the field official namedin the FEDERAL REGISTER publication,within 15 calendar days after the date of


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notice of the filing of the application ispublished in the FEDERAL REGISTER. Onecopy of such protest must be served onthe applicant, or its authorized repre-sentative, if any, and the protests mustcertify that such service has been made.The protests must be specific as to theservice which such protestant can andwill offer, .nd must consist of a signedoriginal and six copies.

A copy of the application is on file, andcan be examined at the Office of the See-retary, Interstate Commerce Commis-sion, Washington, D.C., and also in thefield office to which protests are to betransmitted.


No. MC 1 (Sub-No. 6 TA), filedMay 15, 1968. Applicant: ESCHENBACH& RODGERS, INC., 520 North SeventhAvenue, Scranton, Pa. 18503. Applicant'srepresentative: Kenneth R. Davis, 1106Dartmouth Street, Scranton, Pa. 18504.Authority sought to operate as a contractcarrier, by motor vehicle, over irregularroutes, transporting: such mechandiseas is dealt in by wholesale, retail, andchain grocery and food business houses,and in connection therewith, equipment,materials, and supplies used in the con-duct of such business, between the dis-tribution facilities of the Great Atlantic& Pacific Tea. Co., Inc., Florence, N.J.,and points within the territory boundedby a line beginning at Port Jervis, N.Y.,and extending in a northeasterly direc-tion through Wurtsboro to Ellenville,N.Y., thence in a northwesterly directionthrough Margaretville to DavenportCenter, N.Y., thence west through One-onta to Ithaca, N.Y., thence in a south-westerly direction t h r o u g h Alpine,Painted Post, Addison, and Woodhull toTroupsburg, N.Y., thence in a southwest-erly direction to North Fork, Pa., thencein a southeasterly direction throughSabinsville, Gaines, Loganton, Livonia,Millerstown, and Newport to ClarksFerry, Pa., thence in a northeasterly di-rection through Lockdale, Fredericks-burg, Bethel, Schubert, Shartlesville,Hamburg, New Tripoli, Neffs, Moores-t6iin, Windgap, Bangor, and MountBethel, to Portland, Pa., thence along thewest bank of the Delaware River toMatamoras, Pa., and thence across theriver to Port Jervis, including the pointsnamed, for 180 days. Supporting shipper:J. W. Sappington, Divisional TrafficManager, The Great Atlantic & PacificTea Co., Inc., Post Office Box 7499, Phila-delphia 1, Pa. Send protests to: Paul J.Kenworthy, District Supervisor, Inter-state Commerce Commission, Bureau ofOperations, 309 U.S. Post Office Building,Scranton, Pa. 18503.

No. MC 1756 (Sub-No. 12 TA), filedMay 15, 1968. Applicant: PEOPLES EX-"PRESS CO., 497 Raymond Boulevard,Newark, N.J. 07105. Applicant's repre-sentative: Bert Collings, 140 CedarStreet, New York, N.Y. 10006. Authoritysought to operate as a common carrier,by motor vehicle, over irregular routes,transporting: Can and can ends, fromDanbury, Conn., to Willimansett, Mass.,for 180 days. Supporting shipper: Na-tional Can Corp., 727 South Wolfe Street,Baltimore, Md. 21231; Attention: Joseph

NOTICES

L. Rich, Atlantic Area Traffic Manager.Send protests to: District SupervisorRobert S. H. Vafice, Interstate CommerceCommission, Bureau of Operations, 970Broad Street, Newark, N.J. 07102.

No. MC 52579 (Sub-No. 106 TA), filedMay 15, 1968. Applicant: GILBERT CAR-RIER CORP., 1 Gilbert Drive, Secaucus,N.J. 07094. Applicant's representative:William Abel, I Gilbert Drive, Secaucus,N.J. 07094. Authority sought to operateas a common carrier, by motor vehicle,over irregular routes, transporting: (1)Wearing apparel, loose,- on hangers, fromThomasville, Ala., to points in the NewYork, N.Y., commercial zone and (2)Materials and supplies used in the manu-facture of wearing apparel, betweenpoints in the New York, N.Y., commer-cial zone and Thomasville, Ala., for 150days. Supporting shipper: M. Rubin &Sons, Inc., 10 West 33d Street, Suite 508,New York, N.Y. 10001; Attention:Donald L. Rubin, President. Send pro-tests to: District Supervisor Walter J.Grossmann, Bureau of Operations, Inter-state Commerce Commission, 970 BroadStreet, Newark, N.J. 07102.

No. MC 59640 (Sub-No. 10 TA), filedMay 15, 1968. Applicant: PAULSTIUCKING CORPORATION, 833 FloraStreet, Elizabeth, N.J. 07201. Applicant'srepresentative: Charles J. Williams, 47Lincoln Park, Newark, N.J. 07102. Au-thority sought to operate as a contractcarrier, by motor vehicle, over irregularroutes, transporting: Such merchandiseas is dealt in by wholesale, retail, andchain grocery and food business houses,and, in connection therewith, equip-ment, materials, and supplies used in theconduct of such business, for the accountof Supermarkets General Corp., betweenWoodbridge Township,- N.J., on the onehand, and, on the other, points in Suffolk,Westchester, and Rockland Counties,N.Y.; Bucks and Delaware Counties, -Pa.;New Castle and Kent Counties, Del.; andFairfield County, Conn., for 180 days.Supporting shipper: Supermarkets Gen-eral Corp., 3 Commerce Drive, Cranford,N.J. 07016; Attention: Herbert Hodus.Send protests to: District SupervisorWalter J. Grossmann, Bureau of Opera-tions, Interstate Commerce Commission,970 Broad Street, Newark, N.J. 07102.

No. MC 94901 (Sub-No. 2 TA), filedMay 15, 1968. Applicant: EDDY MOV-ING & STORAGE CO., -INC., 150 PearlStreet, Port Chester, N.Y. 10573. Appli-cant's representative: George A.- Olsen,69 Tonnele Avenue, Jersey City, N.J.07306. Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: Computertapes, cards, documents, and records re-quiring -messenger delivery service inparcels not exceeding 50 pounds eachand in shipments not exceeding 1,000pounds each, between facilities of IBMat Westehester County, N.Y., on the onehand, and, on the_ other, Norwood,Mahwah, and Franklin Lakes,, BergenCounty, N.J., for 150 days. Supportingshipper: International Business Ma-chines Corp., Armonk, N.Y. 10504. Sendprotests to: Stephen P. Tomany, DistrictSupervisor; Interstate Commerce Com-mission, Bureau of Operations, 26 Fed-eral Plaza, New York, N.Y. 10007.

No. MC 102616 (Sub-No. 825. TA),filed May 15, 1968. Applicant: COASTALTANK LINES, INC., 501 Crantley Road,York, Pa. 17403. Applicant's representa-tive: S. E. Smith (same address asabove). Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: BisphenolA, in bulk, in tank or hopper type vehi-cles, between Mount Vernon, Ind., andNatrium, W. Va., for 180 days. Support-ing shipper: Mobay Chemical Co., Pitts-burgh, Pa. Send protests to: Robert W.Ritenour, District Supervisor, Bureau ofOperations, interstate Commerce Com-mission, Bureau of Operations, 218 Cen-tral Industrial Building, 100 NorthCameron Street, Harrisburg, Pa. 17101.

No. MC 108449 (Sub-No. 285 TA), filedMay 15, 1968. Applicant: INDIANHEADTRUCK LINE, INC., 1947 West CountyRoad C, St. Paul, Minn. 55113. Appli-cant's representative: W. A. Myllenbeck(same' address as above). Authoritysought to, operate as a common carrier,by motor vehicle, over irregular routes,transporting: Lime, in bulk, in tank ve-hicles, between points in Grand ForksCounty, N. Dak., and between points inCass County, N. Dak., restricted to ship-ments having a prior movement by rail,for 150 days. Supporting shipper: S. & S.Co., Moorhead, Minn. Send protests to:District Supervisor A. E. Rathert, Inter-state Commerce Commission, Bureau ofOperations, 448 Federal Bldg. and U.S.Courthouse, 110 South Fourth .Street,Minneapolis, Minn. 55401.

No. MC 123322 (Sub-No. 18 TA), filedMay 15, 1968. Applicant: BEATTYMOTOR EXPRESS, INC., Jefferson Ave-nue Extension, Washington, Pa. 15301.Applicant's representative: Henry Wick,Jr., 2310 Grant Building, Pittsburgh, Pa.15219. Authority sought to operate as acommon carrier, by motor vehicle, overirregular routes, transporting: Glasscontainers, from Scottdale and Young-wood, Pa., to Baltimore, Md., and Win-chester, Va., for 180 days. Supportingshipper: Anchor Hocking Glass Corp.,.Lancaster, Ohio 43130. Send protests to:Frank L. Calvary, District Supervisor,Bureau of Operations, Interstate Com-merce Commission, 2109 Federal Build-ing, 1000 Liberty Avenue, Pittsburgh, Pa.15222.

No. MC 126045 (Sub-No. 13 TA), filedMay 15, 1968. Applicant: ALTERTRUCKING AND TERINAL COR-PORATION, Post Office Box 3122, Daven-Port, Iowa 52808. Applicant's representa-tive: John W. Lavenger (same addressas above). Authority rought to operateas a common carrier, by motor vehicle,over Irregular routes, transporting: Pigiron, in bulk, from Daveriport, Iowa, topoints in Illinois, for 180 1lays. Support-ing shipper: Woodward Iron Co., Wood-ward, Ala. 35189. Send protests to: Chas.C. Biggers, District Supervisor, Inter-state Commerce Commission, Bureau ofOperations, 332 Davenport, Iowa 52801.

:By the Commission.

[smL] H. NEIL GARSON,Secretary.



FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED-MAY

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

3 CFR PagePROCLAMATIONS:

3848 ------------------------ 65993849 ------------------------ 7225,?850 ------------------------ 72273851 ------------------------ 7483

EXECUTIVE ORDERS:11183 (amended by EO 11410)_. 691111248 (amendedbyEO 11409)_ 660111394 (amendedbyEO 11411)l 714511409 ----------------------- 660111410 ----------------------- 691111411 ---------------------- 7145

PRESIDENTIAL DOCUMENTS OTHERTHAN PROCLAMATIONS A N DEXECUTIVE ORDERS:

Reorganization Plan No. 2 of1968 ------------------------ 6965

4 CFRPROPOSED RULES:

20 ------------------------- 7331

5 CFR213 ------------- 6809, 7295,7555351----------------------------- 7109353 ----------------------------- 7229550 ------------------------ 6932,7032630 ----------------------------- 6645734 ----------------------------- 6809735 ----------------------------- 6809

7 CFR1 ------------------------------- 729515 ------------------------------ 706568--------------------- ___6971, 7229215 ----------------------------- 697320 ----------------------------- 6973301 ------------------- 7555,7557,7563601 ----------------------------- 7019722 ----------- -------- 6701,6705,7564730 ---------------------------- 7065751 ----------------------------- 7495798 ---------------------------- 7066811 ----------------------------- 7496814 ----------------------------- 6851815 ----------------------------- 6706845----------------------------- 6936862 ----------------------------- 7437905 ----------------------------- 6706908 ---------- 6603,6707,6974,7229,7295910 ------------------- 6809, 7067, 7440916 ------------------- 7440; 7564, 7565917 ------------------------ 7441, 7497918 ------------------- 7117,7296,7565945 ----------------------------- 6936967 ---------------------------- 7442991 ----------------------------- 72291033 ---------------------------- 66041040 ---------------------------- 66141065 ----------------- ----------- 66241066 ---------------------------- 66241134 ---------------------------- 66341201 ---------------------------- 70681421 -------------- 7068,7069,7296,74421425 ---------------------------- 70711427 ------------------------ 7230,74431434 ---------------------------- 69361438 ---------------------------- 7071

7 CFR-ContinuedPRO

Page

POSED RULES:18 ----------------------- 745552 --------------------------- 6784301 ------------------------- 7155Oh. IX ---------------------- 7155905 ------------------------- 7328908. ------------------------ 6667953 ------------------------- 68781001__ --------- 71841002 ................ 7184,71901003 ------------------------ 71841004 ----------- --- 71841006------------------------ 71191007 ------------------------ 74441009 ------------------------ 69371015 ------------------------ 71841016 ------------------------ 71841030 ------------------ 75161031 ------------------------ 75161036 ------------------------ 71561038 ------------------------ 75161039 ........... 75161045 ------------------------ 75161051 ------------------------ 75161063 -------------------- 6977,75161064 ------------------- 6713,75761090 ----------------------- 67141131 ------------------------ 70871205 ------------------- 7157,7243

8 CFR211 ----------------------------- 7485238 -------------------------- 7485289 ----------------------------- 7485316a ---------------------------- 7485PROPOSED RULES:

204 ------------------------- 7498

9 CFR74 ------------------------- 6810,693278 ----------------------------- 7109355 ----------------------------- 6707

10 CFR2 ------------------------------- 6707PROPOSED RULES:

140 -------------------- 6978,7458

12 CFR204----------------------------- 6769207 ------------------------ 7230,7485220 ----------------------------- 7231221 ------------------------ 7231,7485222 ----------------------------- 6967224 ----------------------------- 6708555 ----------------------------- 7298PROPOSED RULES:

221 ------------------------- 7263

541 ------------------------- 7261545 ------------------------- 7261563 -------------------- 7262,7263

13 CFR305 ----------------------------- 6854PROPOSED RULES:

121 ------------------------- 7263

14 CFR Page

21 ------------------------------ 685637 ------------------------------ 681239 ----------------------------- 6855,

7019, 7073, 7110, 7298, 7486, 756661 ------------------------------ 677271 ------------------------------ 6645,

6708-6710, 6859, 6913-6917, 7019,7020,7231,7232,7299,7566..

73 ------------------------------ 691775 ------------------------- 6710,691791 ------------------------------ 685695 ------------------------------ 714797 ---------------- 6773,6918,7020,7300121 ----------------------------- 6772288 ------------------------ 6645,7315399 ----------------------------- 6652PROPOSED RULES:

i7 -------------- 704139 --------------------- 6719,693763 ------------------------- 672071 ------------------------- 6721,

6722, 6881, 6882, 6937-6940, 7042-7045, 7258-7260, 7329-7331, 7581

75 -------------------------- 6940151 ------------------------- 7582171 ------------------------- 7582241 --------------------- 6986

15 CFR10 ------------------------------ 7073PROPOSED RULES: -

1000-- ---- -- ---- 6788,7577

16 CFR3 ------------------------------- 70324 703213 ---- 6810,7486,7487 7566,7567,756915 ----------- 6860,7111,7149,7488,7489PROPOSED RULES: .

244 ------------------- 6940

17 CFR240 ----------------------------- 7075249 ----------------------------- 7075PROPOSED RULES:

1 ------------------------ 7240


2 ----------------------- 6989

19 CFR- -- 6860- 6603,6811-7077,7111

20 CFR405 ----------------------------- 7317621 ----------------------------- 7570PROPOSED RULES:

404 ------------------------- 7244

21 CFR1 ------------------------------- 68612--------------------------- 73243 ---------------------------- 6967

7613

--------------------------

FEDERAL REGISTER

Page21 CR-Continued14 ------------------------------ 686127---------------- 6862-6865, 7077,723231 ---------- -------- 6653120 --------------- 6653, 6967,7111,7489121 ---------- 6654,6867,6868,7112,7324130 ----------------------------- 7077145 ----------------------------- 7324146a ---------------------------- 7490149a ----------------------------- 7324PROPOSED RULES:

1 --------------------------- 68283 --------------------------- 70875 --------------------------- 682818 --------------------- 6977,745627-------------------------- 711942-------------------- 7328,749853-- 666780 -------- ---------- ------ 6828120 ---------------- 6880,6881,7120125 ------------------------- 6828131------------------------- 7087

22 CFR5 ------------------------------6-----------------------------42 ----------------------------133 ----------------------------201 ----------------------------213 .............................


255 .......................

24 CFR51----------------------------200 --------- 665203 ------------------------ 708:207 .....213------------220221231--------232 -----------------------------

707870787425708167696811

7261

66545,74901,7112

708170817081708270827082

234 ------------------------ 7082,71121000 ---------------------------- 70821100 ---------------------------- 7082

25 CFRQi 6968221 ----------------------------- 6656PROPOSED RULES:

221 ------------------------- 7240

26 CFR1 ---------------------------173175194 - - - - - - - -- - - - - - -200 ..........................20120...............

2516819

696868126814681468146814681768187082

PROPOSED RULES:1 --------------------------- 7155

29 CFR71 ------------------------------ 7113511 ----------------------------- 7571PROPOSED RULES:-

1500 ------------------- 6719,7243


2..........................

31 CFR407

32 CFRCh. I.- - - - - - -- - - - - - -

4 -----------------------------

5 -----------------------------67 -------- ---

9 ----------------------10............................--11............................--12 - - - - - - - - - - - - - - -15 - - - - - -- - - - - - - - -16 -- - -- - - - - - - - - - - -182223-----------24 ------------------30 ----------200 ---------241- - ---------882-...

Page

6828

7149

691373477358735873597359735,97363736473997400740174017402740274037404740574057424703468696970

32A CFRNSA (Ch. XVIII):

OPR-2 ----------------- 6 710, 7035

33 CFR117 ------------------------ 7035,7082208 ----------------------------- 7571401 ----------------------------- 7083

36 CFR6 ------------------------ .----- 67107 -------------------------- 7084, 7444504 ----------------------------- 6656PROPOSED RULES:

7 ------------- 6667,7086, 7240,7444

38 CFR8 --------------------------- 732636 ------------------------------ 6974

39 CFRCh. I -------------------- 6875,7114141 ----------------------------- 6933155 ----------------------------- 7232158 ----------------------------- 6933171 ----------------------------- 69341222 ------------------------- -'-7114747----------------------------- 7426,912 ------------------------ 7036,7233PROPOSED RULES:

151 ------------------------- 7575

41 CFR ..1-12 --------------------------- 74295-1 -------------------------- 74305-12 ---------------------------- 74318-19 --------------------------- 68769-3 ------------- 71509-4- ------------------ - - 7115

41 CFRM-Confinued9-7--9- -515-9-16 - "--14-6 -14-74- 714-8--14--- -14-11 - - - - - - - - - - - - -

101-26 ..................101-35

42 CFR73----------------------------

43 CFRPUBLIC LAND ORDERS:

4412AAI q

7572743171157037743274367436743671516657

6658

66596826

4414 ------------------------ 70394415 ----------------------- 71514416 ----------------------- 7572

PROPOSED RULES:

3000 -------------------- 75753180 ------------------------ 7119

46 CFR524536

71167152

PROPOSED RULES:504 ------------------------- 6788531 ------------------------- 7498536 ------------------------- 7498

47 CFR0 -------------------------- 7152,-71531 -------------------------- 7152,749017 ------------------------------ 703921 ------------------------- 7234,757273 ---- 6959,6662,6934,7120,7490,757387 ----------------- -------- 6663,715491 ------------------------------ 666497 --------------------------- 7153PROPOSED RULES:

21 -------------------------- 715723 ----------------------- 715725 -------------------------- 715773 -------------------------- 6668,

6669, 7120, 7157, 7158, 7583, 758674 ----------------------- 715787 -------------------------- 715789 -------------------------- 715791 ----------------------- -. 715793 -------------------------- 7157

49 CFR1 ----------------- 6711,6876,7039,749395 ------------ --------------- 6913173 ----------- ----------------- 7493177 ------------------------- 74931033 ------- ------------ --------- 74951041------ - -------- 67111048 ---------------- 6771, 7436PROPOSED- RULES*

1042 ------------------------ 68821043 ------------------------ 71201084 --------------------- 7120

50 CFR13 6827'32---------------------- 6711, 693533 - ----- 6665,6712,7085

7614

Federal Register: 33 Fed. Reg. 7551 (May 22, 1968).

Documents

Transcript of Federal Register: 33 Fed. Reg. 7551 (May 22, 1968).