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WEDNESDAY, OCTOBER 6, 1971
WASHINGTON, D.C.
Volume 36 - Number 194

Pages 19431–19484

PART ||
(Part II

begins

on page 19471)

HIGHLIGHTS OF THIS ISSUE
This listing does not affect the legal status
of any document published in this issue. Detailed
table of contents appears inside.

LABOR DISPUTES AFFECTING THE MARINE IN

DUSTRY-Presidential Executive order creating
Board of Inquiry..…..

19435

ECONOMIC STABILIZATION–OEP temporary
supplementary guidelines for application; effec
tive 10–6–71... -----------------

EXPORTS-Commerce

19440
---------------------------

Dept.

miscellaneous

amendments; effective 10–7–71…............

19437

TELECOMMUNICATIONS
FCC extension of comment time to 10–11–71

on proposed changes in FM Table of Assign
ments ......

----------------------------------------------

19442

FCC proposal on non prime-time exceptions to
the program exclusivity rule; comments by
11–8–71 .

. ........

19442

-

HELICOPTER PROCUREMENT—Justice
guidelines; comments by 10–22–71

Dept.
19444

ENVIRONMENT—Interior Dept. notice of avail
ability of draft impact statement for Geothermal
Leasing Program ..…....

19447
-----------------

BUTTER—USDA revision of sales price in Month
ly Sales Lists (2 documents).

19447

SHIPPING—Commerce Dept. list of free world
and Polish flag vessels arriving in Cuba..............

19447

HERBICIDE—EPA notice of temporary tolerance.

19453

PESTICIDES-EPA notice of review of products
containing Chlordane and Heptachor; comments
within 60 days..................................------------------

19453

-----------

*O

J.
no. 194–Pt. I–1

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Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or
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Contents
EMERGENCY PREPAREDNESS
OFFICE
Rules and Regulations

THE PRESIDENT
EXECUTIVE ORDER

Creating a Board of Inquiry to re
port On certain labor disputes

affecting the maritime industry- 19435

Economic Stabilization; supple
mentary guidance for applica

GEOLOGICAL SURVEY
Notices
Red River, New Mexico; power site
cancellation ----------------- 19446

IMPORT PROGRAMS OFFICE

tion ------------------------- 19440

Notices

EXECUTIVE AGENCIES
AGRICULTURE DEPARTMENT
See Commodity Credit Corpora
tion; Consumer and Marketing
Service.

ENVIRONMENTAL PROTECTION
AGENCY

Applications for duty-free entry
of scientific articles;

decision

(6 documents) ---------- 19450, 1945.1

Notices
Herbicide; temporary tolerances- 19453
Pesticides; review of products con
taining chlordane and hepta
chlor ------------------------ 19453

INTERIM. COMPLIANCE PANEL
(COAL MINE HEALTH AND
SAFETY)

ATOMIC ENERGY COMMISSION
FEDERAL COMMUNICATIONS
Notices
Applications for construction per
mits and facility licenses; time
for

Submission

of

Views

on

antitrust matter:
Pacific Gas and Electric Co-____ 1945.1

Washington Public Power Sup
ply System----------------- 19452

CIVIL AERONAUTICS BOARD
Notices
Hearings, etc.:
Air Wisconsin Inc., and Viking
International Airfreight, Inc - 19452
British
Ltd

Overseas

Air

Charter

comMISSION
Rules and Regulations
Organization and operations; mis
cellaneous amendmentS.-------- 19438

Proposed Rule Making
Telecommunications:
Extension of time for comment

on FM table of assignments.-- 19442
Proposed nonprime-time excep
tions to program exclusivity
rule ----------------------- 19442

FEDERAL MARITIME
COMMISSION

----------------------- 19453

Eastern Air Lines, Inc.--------- 19453

CIVIL SERVICE COMMISSION
Rules and Regulations
Excepted service:
General Services

Administra

tion ----------------------- 1943.7
Interior Department---------- 1943.7

Notices
Certain
Hawaiian
stevedoring
companies; extension of expira
tion date of agreement-------- 19456
Certificates of financial responsi
bility (oil pollution); issuance-- 19454
Indian Affairs Bureau; denial of
exemption ------------------- 19455

FEDERAL POWER COMMISSION
Notices
Financial analyst, Office of Ac
counting and Finance, Division
of Finance and Statistics, Fed
eral Power Commission; man

power shortage; notice of list
ing -------------------------- 19453

COMMERCE DEPARTMENT
See Import Programs Office; In
ternational Commerce Bureau;
Maritime Administration.

COMMODITY CREDIT
CORPORATION

Notices

Applications for renewal of per
mits; "opportunity for public
hearing:
Hazel Dell Coal Corp__________ 19458
Imperial Smokeless Coal Co -- 19459
Peerless Eagle Coal Co-_______ 19459

INTERIOR DEPARTMENT
See also Geological Survey; Land
Management Bureau.

Rules cºnd Regulations
Procurement by formal advertis
ing and procurement of con
struction contracts------------ 19438
Notices

Geothermal

leasing

availability of

program; .

draft

environ

mental statement------------- 19447

INTERNATIONAL commerce
BUREAU

Proposed Rule Making

Rules and Regulations

Accounting for premium, dis
count and expense of issue,

Export regulations; miscellaneous
amendments ----------------- 19437

gains and losses on refunding
and reacquisition of long-term
debt, and interperiod allocation
of income taxes; extension of
time

------------------------ 19443

Notices

INTERSTATE COMMERCE
COMMISSION
Notices

Hearings, etc.:
Columbia LNG Corp----------- 19456
Georgia Power Co------------- 19457

Assignment of hearings---------- 19467
Motor carrier applications and
certain other proceedings.------ 19460
Motor carrier intrastate applica

Lone Star Gas Co------------- 19457
North Penn Gas Co----------- 19457

tions ------------------------ 19466

Motor carrier transfer proceed
ings ------------------------- 19467
FEDERAL RESERVE SYSTEM
Rerouting or diversion of traffic:
Atchinson, Topeka and Santa Fe
Notices
Railway Co----------------- 19468
Missouri Bancshares, Inc.; appli
cation for approval of acquisi
Penn Central----------------- 19468
tion of shares of bank--------- 19458
Penn Central Transportation
Transwestern Pipeline Co------ 19458

Notices

Butter; revision of monthly sales
list (2 documents)------------ 19447

CONSUMER AND MARKETING
SERVICE
Rules and Regulations

FISCAL SERVICE

Tomatoes grown in Florida; ex
penses and rate of assessment-- 19437

Proposed Rule Making
Filberts

grown

in

Oregon

Notices

Washington; proposed expenses
and rate of assessment-------- 19442

------------------------ 19468

JUSTICE DEPARTMENT

Surety companies acceptable on
Federal bonds:

and

Co

Mission Insurance Company--- 19444
Rural Mutual Insurance Com

See Law Enforcement Assistance
Administration.
(Continued on next page)

Pally ---------------------- 19444

19433

CONTENTS

19434

LAND MANAGEMENT BUREAU
Notices
Montana; opening of public lands- 19446
Proposed withdrawal and reserva

OVERSEAS PRIVATE
INVESTMENT CORPORATION

Notices
Notices
Capital Formation MESBIC, Inc.;

Contracting officers; delegation of

tion of lands:

Idaho (2 documents) ---- 19445, 19446

authority -------------------- 19459

Utah ------------------------ 19446

LAW ENFORCEMENT ASSISTANCE

CellSe ------------------------

ment of Headquarters and Re
gional Organization----- 19472–19484

Notices

lines

POSTAL SERVICE
Rules and Regulations

procurement

issuance of license------------- 19460

Manager, Disaster Branch Office,
Corpus Christi, Tex.; delegation
of authority------------------ 19460
Opportunity Capital Corporation
of California; issuance of li

Organization statements' restate

ADMINISTRATION

Helicopter

SMALL BUSINESS
ADMINISTRATION

guide

------------------------ 19444

SECURITIES AND EXCHANGE
COMMISSION
Notices

MARITIME ADMINISTRATION
North American Resources Corp.;
order suspending trading------ 19459

Notices
List of free world and Polish flag
vessels arriving in Cuba since
January 1, 1963--------------- 19447

19459

TARIFF COMMISSION
Notices
Workers’ petitions for determina
tion of eligibility to apply for
adjustment assistance:
Beaunit Corp----------------- 19460
Seymour Shoes, Inc.----------- 19460

TREASURY DEPARTMENT
ASee Fiscal Service.

List of CFR Parts Affected
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by
documents published in today's issue. A cumulative list of parts affected, covering the current month to date,
appears following the Notices section of each issue beginning with the second issue of the month.

A cumulative guide is published separately at the end of each month. The guide lists the parts and sections
affected by documents published since January 1, 1971, and specifies how they are affected.
3 CFR

18 CFR

39 CFR

ExECUTIVE ORDER:

PROPOSED RULES:

211----------------------------212----------------------------213----------------------------222----------------------------223----------------------------*5-----------------------------

11621--------------------------- 19435

5 CFR
213 (2 documents) --------------- 19437

7 CFR
966----------------------------- 1943.7
PROPOSED RULES:
982----------------------------- 19442

101----------------------------104----------------------------105----------------------------141----------------------------201----------------------------204----------------------------205-----------------------------

19472
19473
19475
19476
19480
19483
821----------------------------- 19484

19443
19443
19443
19443
19443
19443
19443
200----------------------------- 19443

41 CFR

32A CFR

14–2---------------------------- 19438
14-18--------------------------- 19438

OEP (Ch. I) :
ES Reg. 1:
Circ. 19--------------------- 19440

47 CFR
0------------------------------- 19438
!------------------------------- 19438

15 CFR
374----------------------------- 19437
376----------------------------- 1943.7
879----------------------------- 19437

13------------------------------ 19440
PROPOSED RULES:
73----------------- ------------- 19442
74------------------------------ 19442

19435

Presidentidl Documents
Title 3–The President
EXECUTIVE ORDER

11621

Creating a Board of Inquiry To Report on Certain Labor Disputes
Affecting the Maritime Industry of the United States
WHEREAS, there exist certain labor disputes between employers (or
associations by which such employers are represented in collective bar
gaining conferences) who are (1) steamship companies operating ships
or employed as agents for ships engaged in service from or to Atlantic,
Pacific, Great Lakes, and Gulf Coast ports of the United States, or from or
to other ports of the United States or its territories or possessions, (2) con
tracting stevedores, (3) contracting marine carpenters, (4) lighterage
operators, or (5) other employers engaged in related or associated pier
activities, and certain of their employees represented by the International
Longshoremen's Association, AFL–CIO, and the International Long
shoremen's and Warehousemen’s Union; and
WHEREAS, such disputes have resulted in strikes on Pacific, Atlantic,
Great Lakes, and Gulf Coast ports of the United States which if permitted
to continue will, in my opinion, affect a substantial part of the maritime
industry, and industry engaged in trade, commerce, transportation, trans
mission, or communication among the several States and with foreign
nations, and will imperil the national health and safety.

NOW, THEREFORE, by virtue of the authority vested in me by
Section 206 of the Labor-Management Relations Act, 1947 (61 Stat.

155; 29 U.S.C. 176), I hereby create a Board of Inquiry, consisting of:
J. Keith Mann, Chairman

Morris L. Myers

-

Paul Hanlon

Jacob Seidenberg
Rolf Valtin

as Members, whom I hereby appoint to inquire into the issues involved
in such disputes.
The Board shall have powers and duties as set forth in Title II of such
Act. The Board shall report to the President in accordance with the pro
visions of Section 206 of such Act on or before October 6, 1971.

Upon the submission of its report, the Board shall continue in existence
to perform such other functions as may be required under such Act.

THE WHITE House,
October 4, 1971.
[FR Doc.71–14763 Filed 10–5–71;10.20 am]
FEDERAL REGISTER, Vol. 36, No. 194–WEDNESDAY, october 6, 1971

19437

Rules dnd Regulations
period shall be applicable to all assess

Title T–AGRICULTURE
Chapter IX—Consumer and Market
ing Service (Marketing Agreements
and Orders; Fruits, Vegetables,
Nuts), Department of Agriculture
PART 966–TOMATOES GROWN IN

able tomatoes from the beginning of such
period, and (2) the current fiscal period
began August 1, 1971, and the rate of
assessment herein will automatically ap
ply to all assessable tomatoes beginning
with such date.

(3) One Special Assistant to the Com
missioner.

(5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR
1954–58 Comp., p. 218)
UNITED STATES CIVIL SERV
[SEAL ]

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

ICE COMMISSION,
JAMES C. SPRY,
Eacecutive Assistant to
the Comtmissioners.

FLORIDA

Dated: September 30, 1971.
Expenses and Rate of Assessment

[FR Doc.71–14624 Filed 10–5–71;8:45 am.)

ment to be effective under Marketing

PAUL A. NICHOLSON,
Deputy Director, Fruit and Veg
etable Division, Consumer and
Marketing Service.

Agreement No. 125 and Order No. 966

[FR Doc.71–14623 Filed 10–5–71;8:47 am |

Notice of rule making regarding the

proposed expenses and rate of assess

both as amended (7 CFR Part 966, was

Title 15–50MMERCE AND
FOREIGN TRADE

published in the September 9, 1971, issue
of the FEDERAL REGISTER (36 F.R. 18095,

18656). This program is effective under
the Agricultural Marketing Agreement
Act of 1937, as amended (7 U.S.C. 601

Title 5–ADMINISTRATIVE
PERSONNEl

et seq.).
The notice afforded interested persons

Chapter l—Civil Service Commission

an opportunity to file written data, views,
or arguments pertaining thereto not

PART 213–EXCEPTED SERVICE

Chapter Ill–Bureau of International
Commerce, Department of Commerce
SUBCHAPTER B–ExPORT REGULATIONS

REEXPORT
AUTHORIZATION
FOR
COMMODITIES EXPORTED UNDER
GENERAL LICENSE
Miscellaneous Amendments

later than the 15th day after publica
tion in the FEDERAL REGISTER. NOne Was

Department of the Interior "
Section 213.3312 is amended to show

filed.

that two positions of Assistant to the
After

consideration

of

all

relevant

Thirteenth Gen. Rev. of the Export
Regulations (Amdt. 27), Parts 374, 376,
and 379 are amended to read as Set forth

Commissioner, Bureau of Indian Affairs,
below.

matters, including the proposals set forth
in the aforesaid notice which were rec

ommended by the Florida Tomato Com
mittee, established pursuant to the said
marketing agreement and order, it is

are no longer excepted under Schedule C.
Effective on publication in the FEDERAL
REGISTER, subparagraph (1) of paragraph
(j) $ 213.3312 is amended as set out
below.

Effective date: October 7, 1971.
RAUER H. MEYER,
Director,

Office of Earport Control.

hereby found and determined that:
$213.3312
§ 966.208

Department of the Interior.

Expenses and rate of assess
+

+

t

*

PART 374–REEXPORTS

+

ment.

(j) Bureau of Indian Affairs. (1) One
(a) The reasonable expenses that are

1. In § 374.3(d) (1) (i), (b) is amended
by deleting Malaysia and Thailand.

Assistant to the Commissioner.

likely to be incurred during the fiscal pe
riod August 1, 1971, through July 31,

1972, by the Florida Tomato Committee

(5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR
1954–58 Comp., p. 218)

for its maintenance and functioning, and
for such purposes as the Secretary deter
mines to be appropriate will amount to
$111,000.00.

[SEAL ]

(b) The rate of assessment to be paid
by each handler in accordance with the
Marketing Agreement and this part shall
be three-fourths of a cent ($0.0075) per
40-pound

container

of

tomatoes,

UNITED STATES CIVIL SERV
ICE COMMISSION,
JAMES C. SPRY,
Eacecutive Assistant to

2. Section 376.4

Nickel commodities,

is deleted.

the Commissioners.

[FR Doc.71–14625 Filed 10–5–71;8:45 am]

PART 379–TECHNICAL DATA
3. Section 379.4 (e) (1) (iii) is amended

or

PART 213–EXCEPTED SERVICE

equivalent quantity, handled by him as
the first handler thereof during said fis
Cal period.
(c) Unexpended income in excess of

PART 376–SPECIAL COMMODITY
POLICIES AND PROVISIONS

by deleting (o) and by adding the fol
lowing (gg), (hh), and (ii) to read as
follows:

General Services Administration
(gg) Nickel-based alloys (i.e., contain
Section 213.3337 is amended to show

ing a higher percentage, by weight, of

that one position of Special Assistant to

the Commissioner, Property Management

nickel than any other element), includ
ing scrap, tube fittings, and pipe fittings

and Disposal Service, is excepted under
Schedule C.

percent (by weight) of titanium and/or
aluminum in any combination; or (2)

said marketing agreement and this part.

Effective on publication in the FEDERAL
REGISTER, subparagraph (3) is added to

more than 8 percent (by weight) of
molybdenum, tungsten, and/or niobium

It is hereby found that good cause
exists for not postponing the effective

paragraph (f) of $ 213.3337 as set out
below.

in any combination (Export Control
Commodity Nos. 28, 683, 6988, 6989, 723,

date of this section until 30 days after

§

expenses for the fiscal period ending
July 31, 1972, may be carried over as a
reserve.

(d) Terms used in this section have
the same meaning as when used in the

publication in the FEDERAL REGISTER (5
U.S.C. 553) in that: (1) the relevant
provisions of said marketing agreement
and this part require that the rate of

assessment fixed for a particular fiscal

thereof, containing: (1) More than 3
-

213,3337

General

Services

Adminis

tration.
+

and 7299).

(hh) Cobalt-based alloys (i.e., contain
*

*

-

*

(f) Property Management and Disposal
Service. * * *

ing a higher percentage, by weight, of
cobalt than any other element), includ
ing scrap thereof, containing: (1) More

FEDERAL REGISTER, VOL. 36, NO. 194–WEDNESDAY, OCTOBER 6, 1971

1943

RULES AND REGULATIONS

than 5 percent (by weight) of tungsten,
molybdenum, and/or tantalum, sepa
rately or in any combination; and (2)
not more than 1 percent (by weight) of

§ 14–2.407 Award.
§ 14–2.407–1 General.

Adopted: September 28, 1971.
Released: October 4, 1971.

At least 72 hours (48 hours for con

-

FEDERAL COMMUNICATIONS
COMMISSION,

carbon (Export Control Commodity Nos.

tracts between $10,000 and $1 million)

6895, 6988, and 6989).

prior to any other announcement re
garding the proposed date of award of
any contract of $1 million or more, the
following information shall be furnished
simultaneously to the Assistant Secretary

Parts 0, 1, and 13 of Chapter I, Title 47
of the Code of Federal Regulations are

having jurisdiction over the bureau or

amended as follows:

(ii) Magnetic materials, other than
those specified in Interpretation 6(a),
that meet all of the following: (1) Con
sist principally of aluminum, nickel, and
cobalt; (2) are capable of an energy
product in the range of 4.0 times 10"
gauss-oersteds; and (3) have a coercive
force in the range of from 1,500 oersteds
up to and including 1,800 oersteds (Ex
port Control Commodity Nos. 28, 683,
6895, 6989, and 7299).
4. In § 379.4 (e) (1) (v), (a) is amended
to read as follows:
(a) Activated carbon catalysts usable
in petroleum and chemical processing op
erations (Export Control Commodity No.
59) and catalysts usable in petroleum
and chemical processing operations, ex
cept hydrocracking catalysts and cata
lysts usable in the ultrapurification of
hydrogen (Export Control Commodity
NOS. 512, 513, and 514).
(Sec. 3, 63 stat. 7: 50 U.S.C. App. 2023; E.O.
10945, 26 F.R. 4487, 3 CFR 1959–1963 Comp.;
E.O. 11038, 27 F.R. 7003, 3 CFR 1959–1963
Comp.)

[FR Doc.71–14638 Filed 10–5–71;8:48 am]

office making the award and the Director
of Congressional Liaison:
1. Name and street address of con
tractor
2. Complete description in layman
terms of items or services involved and
exact location of contract performance
3. Small business or distressed labor
area preference given to successful bid
der, if applicable
4. Proposed date of award.
Contract a mendments exceeding
$10,000 and providing for a fundamental

alteration in the project are subject to
the above requirements.
Part 14–18 is amended by the addition
of Subpart 14–18.2 and $ 14–18.208.

Subpart 14–18.2—Formal Advertising
§ 14–18.208

Award.

John M. To RBET,

[SEAL}

Eacecutive Director.

PART 0–COMMISSION
ORGANIZATION

1. In § 0.5, paragraphs (a), (b) (1) and
(3), are amended and (b) (5), (6), and
(7) are deleted. The amended paragraphs

º

º

read as follows:

General description of Commis
sion organization and operations.
(a) Principal staff units. The Commis
sion is assisted in the performance of its
responsibilities by its staff, which is
divided into the following principal units:
§ 0.5

(1)

º

Office of Executive Director.

(2) Office of Chief Engineer.
(3) Office of General Counsel.
(4) Broadcast Bureau.
(5) Common Carrier Bureau.

(6) Safety and Special Radio Services

s

Bureau.

See § 14–2.407–1 relative to advance

notices required prior to making con

(7) Field Engineering Bureau.
(8) Cable Television Bureau.

tract award.

(9) Cffice of Hearing Examiners.
--

[FR Doc.71–14614 Filed 10–5–71;8:47 am]

Title 41—PUBLIC CONTRALIS
Title 47—TELECOMMUNICATION

Chapter 14—Department of the

Chapter l—Federal Communications

Interior

Commission

PART 14–2–PROCUREMENT BY
FORMAL ADVERTISING

ORGANIZATION AND OPERATIONS

PART 14–18–PROCUREMENT OF

Order. Editorial amendment of Parts
0, 1, and 13 of the Commission's rules
and regulations.
Preparatory to the reprinting of the re

Awards
Pursuant to the authority of the Sec
retary of the Interior, contained in 5
U.S.C. 301, Parts 14–2 and 14–18 of
Chapter 14, Title 41 of the Code of Fed
eral Regulations are hereby amended as
set forth below.

It is the general policy of the Depart
ment of the Interior to allow time for
interested parties to take part in the
rulemaking process. However, the new

| Subpart (14–18.2) and the new sections
(§ 14–2.407–1 and $ 14–18.208) contained
herein are minor and entirely adminis
trative in nature. Therefore, the public
rulemaking process is waived and these
additions will become effective upon pub
lication

in

the

FEDERAL

REGISTER

(10–6–71).
WARREN F. BRECHT,
Deputy Assistant Secretary
of the Interior.
SEPTEMBER 29, 1971.

Subpart 14–2.4—Opening of Bids and
Award of Contract
tion of § 14–2.407–1.

Editorial Amendments

vised edition of Volume I of the Commis

sion's rules and regulations, numerous
editorial changes were made in Parts 0,
1, and 13. Adoption of these changes is
desirable in order to clarify the rules,
delete obsolete material, and improve
them from an editorial standpoint.
Since the changes are editorial in
nature, the prior notice and effective date
provisions of section 4 of the Administra
tive Procedure Act

(5 U.S.C. 553)

are

not applicable. The changes in the ap
pendix are included in the revised edition
of Volume I which Will be available from

the Superintendent of Documents, U.S.
Government Printing Office, after De
cember 1, 1971.
Accordingly, it is ordered, Pursuant to
authority contained in sections 4 (i),
5 (d), and 303 (r) of the Communications
Act of 1934, as amended, and § 0.231 (d)
of the Commission's rules and regula
tions, That effective October 15, 1971,
Parts 0, 1, and 13 are amended as set
forth below.

Subpart 14–2.4 is amended by the addi

Review Board.

(11) Office of Opinions and Review.
(b) Staff responsibilities and func

AND PROPERTY MANAGEMENT

CONSTRUCTION CONTRACTS

(10)

(Secs. 4, 5, 303, 48 Stat., as amended, 1066,
1068, 1082; 47 U.S.C. 154, 155, 303)

tions. *

*

*

(1) The Erecutive Director. The Ex
ecutive Director is directly responsible to
the Commission, works under the super
vision of the Chairman, and assists him
in carrying out the Commission's organi
zational and administrative responsibili
ties. His principal role is to see that other

staff units work together and promptly
dispose of the matters for which they

are responsible. He is directly responsible
for internal administrative matters and
supervises inplementation of the Public
Information Act of 1966.

(3) The operating bureaus. The prin
cipal work load operations of the Com
mission are conducted by the five operat
ing bureaus.
(i) Four of these bureaus: The Broad
cast Bureau, Common Carrier Bureau,
Safety and Special Radio Services Bu
reau, and Cable Television Bureau—

exercise primary responsibility in the
four principal areas of regulation into
which the Commission has divided its
responsibilities. The Broadcast Bureau,
as its name indicates, is responsible for
the regulation of broadcast stations (See
Part 73 of this chapter) and related
facilities

(see

Part 74).

The Common

Carrier Bureau is responsible for the
regulation of communications common

carriers whether carriage involves the
use of wire or radio facilities (see Parts

21–67). The Safety and Special Radio
Services Bureau is responsible for the
regulation of all other radio stations

FEDERAL REGISTER, VOL. 36, NO. 194–WEDNESDAY, OCTOBER 6, 1971

RULES AND REGULATIONS

19439

with minor exceptions (e.g., experimen

J, Part 74). The licensing and regulation

tal stations licensed under Part 5).
These include amateur stations and
numerous other categories of stations

of

engaged in communication for safety,
commercial or personal purposes (see
Parts 81–99). The Cable Television Bu

reau is responsible for the regulation of
community antenna television systems
and community antenna relay Stations
(see Subparts J and K of Part 74 of this
chapter). The licensing of related mi
crowave

related

common

carrier microwave

facilities are coordinated with the Bu
reau by the Common Carrier Bureau (see
Subpart I, Part 21). The licensing and
regulation of related microwave facilities
Ordinated with the Bureau by the Safety
and Special Radio Services Bureau (see
Subpart L, Part 91). The Bureau per
forms the following functions:
4.

*

+

*

-

(ii) The fifth operating bureau: The
Field Engineering Bureau—maintains
field offices and monitoring stations
throughout the United States. It is re

sponsible for detecting violations of regu
lations pertaining to the use of radio
and, in this connection, monitors radio
transmissions, periodically inspects sta
tions, and investigates complaints of

radio frequency interference. It issues

[Amended]
8. In §§ 0.431, 0.432, 0.433, and the in
troductory text of § 0.434, reference to
“Cooper Trent, Inc.” is amended to read
“Cooper Trent/Keuffel & Esser Co.”
follows:

§ 0.455. Other locations at which records
may be inspected.

and the introductory text of paragraph
+

+

+

*

+

(c) of § 0.289 are amended to read aS
(i) Cable Television Bureau. CATv
petitions, requests, and related files.

follows:
CABLE TELEVISION BUREAU

§ 0.465
§ 0.289

[Amended]

Authority delegated.

(a) The Chief, Cable Television Bu
reau, in coordination with the Broadcast
Bureau, is delegated authority to act
upon the following applications for Com
munity Antenna Relay station authoriza

tions, if such

authorizations comply

fully with the requirements of the Com
munications Act, the provisions of this
chapter (see, in particular, Subpart J of
Part 74 of this chapter), and Commis
sion policy and standards; if no mutually
exclusive application has been filed; and
if no petition to deny or other substantial
objection to the application has been

10. In § 0.465, the introductory text of
paragraph (a) is amended by specifying
“Cooper Trent/Keuffel & Esser Co.” for
“Cooper Trent, Inc.”

PART 1–PRACTICE AND PROCEDURE

§ 1.84

[Amended]

1. Section 1.84 (a) is amended by
substituting the ZIP code “20554” for
“20555” in the third Sentence.

2. Section 1.207 (b) is amended to read
as follows:

§ 1.207

filed:

Interlocutory matters, reconsid

eration and review; cross-references.
+

violation notices to the station in ques

*

+

*

*

(a)

tion, thereby affording it an opportunity

(b) All minutes of actions taken by

to take corrective measures. If formal

the Chief of the Cable Television Bureau

enforcement action is appropriate, the

pursuant to the authority delegated in

proceedings are conducted by the staff
unit which exercises primary responsi

this

bility over the station in question—usu
ally one of the other operating bureaus.

Bureau.

The Field Engineering Bureau, in addi
tion, exercises responsibility over com
mercial radio Operator matters (see Part
13 of this chapter), antenna structures
(see Part 17), and the use of radio for
purposes other than communication

§§ 0.431, 0.432, 0.433, and 0.434

9. Section 0.455 (i) is revised to read as

3. The undesignated center heading
preceding § 0.289 and the introductory
text of paragraph (a), paragraph (b),

program; for processing applications for
radio licenses or other filings; for the
consideration of complaints and the con
duct of investigations; for participation
in Commission hearing proceedings as
appropriate; and for the performance of
such other functions as may be related
to its area of responsibility.

Officer's office will also remain open until
5 p.m.

in the Business Radio Service are co

radio facilities is coordinated

with the Cable Television Bureau by the
Common Carrier Bureau and the Safety
and Special Radio Services Bureau.
Within its area of responsibility, each
of these bureaus is responsible for de
veloping and implementing a regulatory

p.m. to receive documents filed with the
Commission. The Public Information

section

shall

be

maintained

+

4

+

(b) Rules governing appeal from rul
ings made by the presiding officer are set
forth as $$ 1.301 and 1.302. '

for
+

*

*

*

+

public inspection by the Cable Television
(c) The Chief, Cable Television Bu
reau, is delegated authority to act upon
the following matters:
+

-

§ 0.331

*

+

*

[Amended]

§ 1.569 [Amended]
3. In § 1.569, “kHz” is substituted for
“kc/s” the 27 times it appears, and in
paragraphs (b) (2) (ii) and (c) (2) (ii),
the “W’’ in “kW” is capitalized.

(see Part 18). It also conducts amateur

and (20) are amended by substituting

operator examinations.

“HHz” for “Mc/s” where it appears.

§ 1.573 [Amended]
4. In § 1.573, Note 1, paragraph (a) (2)
(iii), is amended by substituting “kHz”
for “kc/s” and paragraph (a) (3) is

§ 0.332 [Amended]
5. In § 0.332(g), “kHz” is substituted

amended by substituting “db” for “db”.
5. In § 1.912(e), subparagraphs (2)
and (3) are amended to read as follows:

:-

*

*

*

+

2. The undesignated center heading

4. In § 0.331(b), subparagraphs (15)

preceding $ 0.85, the headnote and in

for “kc/s”.

troductory text of $0.85 are amended
to read as follows:

amended to read as follows:

-

CABLE TELEVISION BUREAU

§ 0.85 Functions of the Bureau.
The Cable Television Bureau assists,
advises and makes recommendations to
the Commission with respect to the de
velopment of a regulatory program for
community antenna television systems
and related private and common carrier
microwave radio facilities. The Bureau
performs the work and activities involved
in the implementation of the Commis
sion's regulatory program as it pertains
to the regulation of community antenna
television systems (see Subpart K, Part
74 of this chapter); and performs the
work and activities involved in the licens

ing and regulation of Community Anten
na Relay stations, after coordination
with the Broadcast Bureau (see Subpart

6. In § 0.401(a), subparagraph (2) is

§ 1.912.
*

§ 0.401

(e)
(a)

*

+

*

*

*

Location of Commission offices.
*

*

* *

*

(2) Hand-carried applications accom

(2) Hand-carried applications accom
panied by fees shall be delivered to:

panied by a filing fee should be delivered
to:

Fees Section, Office of Executive Director,

-

1919 M Street NW., Washington, DC.
Fees Section, Office of Executive Director,

(3) Hand-carried applications not ac
companied by fees shall be delivered to:

1919 M Street NW., Washington, DC.
*

*

+

+

+

7. Section 0.403 is amended to read as

The Secretary's Office, 1919 M Street NW.,
Washington, DC.

follows:

§ 0.403

Office hours.

The main offices of the Commission are
open from 8 a.m. to 4:30 p.m. Monday
through Friday, excluding legal holidays.
The Secretary's office, the Mail Branch,
and the Fees Section, Office of the Execu
tive Director, will remain open until 5

§ 1.924

[Amended]

6. In § 1.924(b) (1) (ii), “MHz” is sub
stituted for “Mc/s”.

§ 1.952

[Amended]

7. In § 1.952(a), “MHz” is substituted
for “Mc/s”.

FEDERAL REGISTER, VOL. 36, NO, 194–WEDNESDAY, OCTOBER 6, 1971
No. 194–Pt. I–2

Where applications are to be

filed.

19440

RULES AND REGULATIONS

§ 1.955

[Amended]

S 13.7

8. In § 1.955, “MHz” is substituted for

[Amended]

This 19th circular covers determina

4. In § 13.7 (a)(2), the term “mega

tions and policy statements by the Coun

“Mc/s” in paragraph (a), three times;

hertz" is substituted for the term “mega

cil through October 4, 1971.

in (b), two times; in (d), one time; in

Cycles".
5. In § 13.11(a), the second sentence
is amended to read as follows:

Note: The date of September 27, 1971, ap
pearing in the last unnumbered paragraph at
the beginning of OEP Economic Stabilization

(e), one time; and in (f), three times. In
addition, “GHz” is substituted for “GC/s”
in paragraph (a), one time.

Circular No. 18 is amended to read October 1.

§ 13.11
§ 1.962

Procedure.

1971.

[Amended]

APPENDIX I

(a) General. * * * The application in
9. In § 1.962(a)(1), “MHz” is substi
tute for “Mc/s”.
10. Section 1.1209 (g) is amended to
read as follows:

the prescribed form and including all
required

subsidiary

forms

and

docu

100. Purpose. (1) On August 15, 1971.

ments, properly completed and signed,
and accompanied by the fee prescribed

President Nixon issued Executive Order

in the Commission's general fee schedule

§ 1.1209 Decisionmaking Commission
personnel (restricted rule making
proceedings).
+

*

-

+

*

-

ECONOMIC STABILIZATION CIRCULAR No. 19

as set forth in Subpart G, Part 1 of this
chapter, shall be submitted to the appro
priate office as indicated in paragraph

No. 11615, as amended, providing for
stabilization of prices, rents, wages, and
salaries and establishing the Cost of
Living Council, a Federal agency. The
order delegated to the Council all of the

(b) of this section. * * *
(g) The Chief of the Cable Television
Bureau and his Staff when participating
in proceedings involving service by com
mon carriers to community antenna tele
Vision systems.
11. Section 1.1227 (b) is amended to

6. In § 13.21, the introductory text is
designated as paragraph (a).
7. Section 13.44 is amended to read

read as follows:

as follows:

§ 1.1227

§ 13.44

+

+

§ 13.21

*

*

+

powers conferred on the President by
the Economic Stabilization Act of 1970,
as amended. The effective date of the

[Amended J

Order was 12:01 a.m., August 16, 1971.
(2)

By its Order No. 1 the Council

delegated to the Director of the Office of
Emergency Preparedness authority to ad
minister the program for the stabiliza

Permissible ex parte communi

Receiving test procedure.

tion of prices, rents, wages, and salaries

Receiving code tests shall be written in

as directed by Section 1 of Executive
Order No. 11615, as amended.

cations.
*

*

+

*

*

long hand or printed by hand either in ink
(b) Such ex parte communications in
itiated by the staff of the Common Car
rier Bureau or the Cable Television

or pencil except that in the case of the 25

(3) The purpose of this circular, the

Words per minute code test a typewriter
may be used when furnished by the

Bureau as may be necessary for the ad

applicant.

19th in a series to be issued, is to furnish
further guidance to Federal officials and
the public in order to promote the

duction of record evidence in restricted
rule making proceedings.

§ 13.61

*

+

*

*

program.

200. Authority. Relevant legal author
ity for the program includes the fol

[Amended]

+

Appendix B [Deleted]
12. Appendix B-Interpretations

of

Fee Rules and Procedures—is tempo

8. In § 13.61, the text of paragraph (c)
is deleted and the word “Reserved” is

lowing:

substituted.

The Constitution.

Appendix

Economic Stabilization Act of 1970, Public
Law 91–379, 84 Stat. 799; Public Law

[Deleted]

rarily deleted from the Code of Federal
Regulations to save on printing costs,

pending

appropriate

revision

and

additions.

92–15, 85 Stat. 38.

9. Since the fees applicable to Part 13
are set forth in Part 1 and appropriate

reference thereto is made in § 13.11(a),

Executive Order No. 11615, as amended, 36
F.R. 15127, August 17, 1971.
Cost of Living Council Order No. 1, 36 F.R.
16215, August 20, 1971.

PART 13–COMMERCIAL RADIO
OPERATORS

§ 13.2

the Appendix, “Filing Fees”, is deleted.
[FR Doc.71–14632 Filed 10–5–71;8:48 am]

OEP Economic Stabilization Regulation No. 1,
as amended, 36 F.R. 16515, August 21, 1971.

Title 32A—NATIONAL DEFENSE,

300. General Guidelines.
(1)
The
guidance provided in this circular is in
the nature of additions to or clarifica
tions of previous determinations and

[Amended]

1. Section 13.2(a)(1) is amended by

deleting subdivision (iii) which is no

policy statements by the Cost of Living

APPENDIX

longer applicable.
2. Section 13.4(c) is amended to read

Council covered in previous OEP Eco
nomic Stabilization Circulars.

Chapter l—Office of Emergency

as follows:

Preparedness
§ 13.4
*

Term of licenses.
+

*

+.

*

[OEP Economic Stabilization Reg. 1,
Circular No. 19)

(2) The numbering system used in this
circular corresponds to that used in OEP
Economic Stabilization Circular No. 101.
302. Transactions—(1) Problems asso

(c) A commercial Operator license of

any grade granted to an alien aircraft

SUPPLEMENTARY GUIDANCE FOR

pilot under a waiver of the U.S. nation
ality provisions of section 303 (1) of the

APPLICATION

Communications Act until such time as

the question of a national security policy
has been determined with respect to such
persons, will normally be issued for a
period not in excess of 1 year from the
date of issuance. An operator license
issued to an alien shall be valid only if
the operator continues to hold an air
craft pilot certificate issued by the Fed
eral Aviation Administration or one of

its predecessor agencies and is lawfully

Economic Stabilization Circular No. 19
This circular is designed for general
information only. The statements herein

are intended solely as general guides

§ 13.5

+

*

*

which do not conform to the situations

clearly intended to be covered by such

prices charged in a substantial number

guides.

of transactions in the base period.
303. Seasonal patterms—(1) Candy.
Candy manufacturers who make special
ized holiday candies for occasions such

Regulation No. 1 and from specific deter
minations and policy statements by the
Cost of Living Council and do not consti

tute legal rulings applicable to cases

*
*

[Amended]

3. In § 13.5, paragraph (d) is obsolete
and is deleted.

period of time prior to the date on which
the changes are to become effective.

Where such a legal requirement for post
ing of prices prior to implementation has
resulted in price increases becoming ef
fective during the freeze, the transac
tions rule may not be modified to permit
these price increases to stand. The ceiling
prices during the freeze are the highest

drawn from OEP Economic Stabilization

in the United States.
*

ciated with transactions rule-supple
mental guidance. Many industries, such
as liquor, public utilities, and transporta
tion, are required by State laws to pub
lish proposed price or rate changes for a

NotE: Provisions of this and subsequent
circulars are subject to clarification, revi
sion, or revocation.

FEDERAL REGISTER, Vol. 36, No. 194—we DNESDAY, october 6, 1971

19441

RULES AND REGULATIONS
as Halloween, Thanksgiving, and Christ
mas must use the prices of the last ship
ments of such candies—probably those

Specific request, sellers are required to
permit prompt public inspection of a ceil

made last year prior to the special event

item basis.

involved—to establish their ceiling
prices. They may not base their ceiling
price or rates on similar candies with

ing price from the lists on an item-by
-

(b) If a customer is not satisfied with

the ceiling price provided by the seller for

If manufacturers develop new com

a given product or service, the customer
should file a complaint with the local
office of the Internal Revenue Service.
(c) When customers question ceiling

positions or shapes, then pricing must be
computed on the basis of comparable
products in the base period.

prices, sellers are encouraged, but not re
quired, to reveal their supporting records
(i.e., records of transactions from which

However, if changes are made only in
the color, size, or shape of the container
or only in the color of the candy, manu
facturers may compute their prices using

required, however, to reveal all lists and
supporting records to Federal employees
responsible for investigating complaints.

different shapes during this year's pre
freeze base period.

either the prefreeze base period, or, if
the seasonality rule applies, last year's
prices.
400. Price guidelines.
402. Price ceilings—(1) Prices in re
lation to tares. State and local tax rates

are not frozen by the program. If a State
or local government should increase local
or State taxes, i.e., property or business

taxes, merchants and other commercial
businesses may not pass on to consumers
the amount of the tax increase. How

ever, where there has been an increase
in surcharges or other sales or excise
taxes which are direct taxes on com

modities or Services, the new ceiling
prices for such commodities or services
are equal to the ceiling prices established

during the applicable base period, plus
those additional surcharges or taxes.
(2) Customer access to price records.
The Cost of Living Council provides the

ceiling prices are calculated). Sellers are

403. Specific guidelines.
(1) “University-controlled”

housing

supplemental guidance. Where student
housing is owned or operated by a uni
versity-owned housing authority or other
university-owned entity, it shall be con
sidered “university-controlled.” Other
housing facilities are considered to be
“university-controlled” only when all of
the following criteria are met:
(a) There

is

a

contract

with

the

university, whereby a facility is provided
and/or operated under conditions agreed
to by the university.
(b) There is a stipulation in the con
tract that the facility is operated exclu

sively for students of the university.
(c) The university approves the rates
charged the students, and receives the
payments made pursuant to these rates.
(2) If a team which has overcharged
customers in contravention of the freeze

prefers to offer patrons tickets to future
games or other forms of compensation in

following additional guidance:

(a) At each place of sale, Sellers must
maintain lists of ceiling prices for all

goods or services offered for sale. Upon

lieu of a cash refund, it must still offer
at the same time the option of a cash
refund when the other forms of com

pensation

are

unsatisfactory

to

the

patron.
600. Rent guidelines
602. Specific—(1) Formula-determined
rentals in leases: Both gross and met
(including financial leases such as sale
and leaseback, revenue bonds backed by
finance leases, equipment leases and
take-or-pay contracts). Where base

period

rentals are

determined

by

a

formula specified in a lease or other
agreement, the same formula may be
applied throughout the freeze period, and
pursuant to such formula, monthly
rentals may exceed the dollar amount
paid in the base period: Provided, how
ever, That increases are not permitted in
the following cases: (a) Rent increases
contingent upon passage of time, (b)

increases keyed to the consumer price in
dex, (c) increases based on taxes, except
surcharges or sales or excise taxes as
specified in the last sentence of para
graph 402(1) of this circular, increased
during the freeze period. A landlord may
pass on, under such a lease agreement,
taxes which were increased and legally
effective prior to August 15 (even if exact
tax liability for the property is not com
puted until after August 15).
NotE: This paragraph supersedes para
graph 602(2) of OEP Economic Stabilization
Circular No. 17.

1001. Effective

date.

This

circular,

unless modified, Superseded or revoked,
is effective on the date of publication for
a period terminating at midnight of
November 13, 1971.
Dated: October 5, 1971.
G. A. LINCOLN,
Director,
Office of Emergency Preparedness.
[FR Doc.71–14788 Filed 10–5–71;3:01 am]

FEDERAL REGISTER, VOL. 36, NO. 194–WEDNESDAY, OCTOBER 6, 1971

19442

Proposed Rule Making
DEPARTMENT OF ABRICULTURE
Consumer and Marketing Service

(b) Rate of assessment. The rate of

4. This action is taken pursuant to

assessment for said fiscal year, payable

authority found in sections 4Gi), 5(d)

by

(1), and 303(r) of the Communications
Act of 1934, as amended, and $ 0.281 (d)
(8) of the Commission's rules.

each handler in

accordance with

§ 982.61, is fixed at 0.20 cent per pound of
filberts.

I 7 CFR Port 982 I
FILBERTS GROWN IN OREGON AND
WASHINGTON

Dated: September 30, 1971.

Adopted: September 28, 1971.

PAUL A. NICHOLSON,

Released: September 30, 1971.

Deputy Director, Fruit and Veg
[SEAL ]

Proposed Expenses of the Filbert Con
trol Board and Rate of Assessment
for the 1971–72 Fiscal Year
Notice is hereby given of a proposal
regarding expenses of the Filbert Control
Board for the 1971–72 fiscal year and
rate of assessment for that fiscal year,
pursuant to §§ 982.60 and 982.61 of the
marketing agreement, as amended, and
Order No. 982, as amended (7 CFR Part
982), regulating the handling of filberts
grown in Oregon and Washington. The
marketing agreement and order are
effective under the Agricultural Market
ing Agreement Act of 1937, as amended
(7 U.S.C. 601–674).

etable Division, C on s u m e r
and Marketing Service.

[FR Doc.71–14633 Filed 10–5–71;8:48 am]
[FR Doc.71–14622 Filed 10–5–71;8:47 am]
I 47 CFR Part 74 )

FEDERAL COMMUNICATIONS

[Docket No. 19320; FCC 71–982]

COMMISSION

COMMUNITY ANTENNA TELEVISION
(CATV) SYSTEMS

I 47 CFR Part 73 1

Nationally Syndicated Programs

[Docket No. 19297]

In re: Amendment of $ 74.1103 (g) (2)
of the Commission's rules and regula
tions, Docket No. 19320.
1. Notice is hereby given of pro
posed rule making in the above-entitled

FM BROADCAST STATIONS

Table of Assignments; Certain
Stations; Extension of Time

The Board has recommended for the

1971–72 fiscal year beginning August 1,
1971, a budget of expenses in the total
amount of $29,400. Based on the volume
of filberts estimated to be subject to this

regulatory program during the 1971–72
fiscal year, an assessment rate of 0.20
cent per pound of assessable filberts is
expected to provide sufficient funds to
meet the estimated expenses of the
Board.

Consideration will be given to any
written data, views, or arguments per
taining to the proposal which are
received by the Hearing Clerk, U.S.
Department of Agriculture, Room 112,
Administration Building, Washington,
D.C. 20250, not later than the ninth day
after publication of this notice in the
FEDERAL REGISTER. All written submis
sions made pursuant to this notice should
be in quadruplicate and will be made
available for public inspection at the
office of the Hearing Clerk during regular
business hours (7 CFR 1.27 (b)).
The proposal is as follows:

matter.

Order eartending time for filing reply
comments (RM-1611 only). In the matter
of amendment of $ 73.202, Table of

Assignments, FM Broadcast Stations.
(Modesto, Turlock, and Patterson, Calif.;
Albuquerque, N. Mex.; Centerville, Iowa;
and Milford, Del.) , Docket No. 19297,
RM-1611, RM-1612, RM-1622.
1. This proceeding was begun by no
tice of proposed rule making (FCC 71
802) adopted August 4, 1971, released
August 9, 1971, and published in the
FEDERAL REGISTER on August 12, 1971 (36
F.R. 15057). The dates for filing Com
ments has expired and the date for filing

reply comments is presently designated

The [CATV) system need not delete recep
tion of a network program which is sched
uled by the network between the hours of 6
and 11 p.m. eastern time, but is broadcast

by the station requesting deletion, in whole
or in part, outside of the period which
would normally be considered prime time for
network programing in the time zone in
volved.

cific Radio Corp. (Sierra Pacific), by its
attorneys, filed a request for extension
to and including October 11, 1971, in
which to file reply comments. Counsel

Camellia requested a declaratory ruling
that the above-quoted Section is appli
cable not only to network programs, but
also to programs nationally syndicated

for Sierra Pacific states that he has only

for release on a same-day basis.

recently received this commitment and

3. In Support of its request, Camellia

therefore has not had an opportunity to

City argued that any program that is
successful enough to be placed on a

Expenses of the Filbert Con

view some in detail. He therefore re

trol Board and rate of assessment for

quests the additional time in which to

the 1971–72 fiscal year.

file reply comments in this proceeding.
3. We are of the view that the re

(a) Eacpenses. Expenses in the amount
of $29,400 are reasonable and likely to be
incurred by the Filbert Control Board
during the fiscal year beginning August 1,
1971, for its maintenance and function
ing and for such purposes as the Secre
tary may, pursuant to the provisions of
this part, determine to be appropriate.

2. On April 9, 1971, Camellia City
Telecasters, licensee of Station KTXL
TV (Ind.) Sacramento, Calif., filed a
“Request For Declaratory Ruling Con
cerning Applicability Of $74.1103(g) (2)
Of The Commission's Rules To Programs
Nationally Syndicated For Release On A
Same Day Basis.” Section 74.1103(g) (2)
of the rules provides that:

as September 27, 1971.
2. On September 27, 1971, Sierra Pa

get copies of all the comments and to re
§ 982.316

WALLACE E. JOHNSON,
Chief, Broadcast Bureau.

quested

extension

is

warranted

and

would serve the public interest. Accord

ingly, it is ordered, That the time for fil
ing reply comments in Docket 19297
(RM-1611 only) is extended to and in
cluding October 11, 1971.

number of television stations through
out the country will have the same high
degree of popularity as programs sched
uled by networks in prime time. Yet,
numerous viewers may be deprived of the
opportunity to watch these programs in
prime time, which as a practical matter

is the only viewing time available to peo
ple who work during daytime hours, be
cause a higher priority station on a
CATV system schedules the program at a

FEDERAL REGISTER, VOL. 36, NO. 194—WEDNESDAY, OCTOBER 6, 1971

º

PROPOSED RULE MAKING
time when its audience consists pri

marily of housewives and children.”
4. We find Camellia City's argument

quite persuasive. In the Second Report
and Order in Docket No. 14895, 2 FCC
2d 725, 749–750, we stated that the rea

son for the nonprime time exception to
the program exclusivity rule for network
programs was to “* * * insure that such
programs are available to the CATV Sub
scribers in maximum viewing hours.”
These considerations appear equally ap
plicable to nationally Syndicated pro

grams released on a same-day basis
whose broad popular appeal is compa
rable to that of network programs. How

ceeding, the Commission may also take
into account other relevant information
before it, in addition to the specific Com

19443
NoTE: The term “network program" in
cludes programs nationally syndicated for
release on a same-day basis.
+

ments invited by this notice.
6. Authority for the amendments pro
posed herein is contained in Section 4(i)

*

*

4.

*

[FR Doc.71–14635 Filed 10–5–71;8:48 am]

and 303(r) of the Communications Act

of 1934, as amended.
7. In accordance with the provisions
of § 1.419 of the rules, an original and
14 copies of all comments, replies, plead
ings briefs, and other documents shall be
furnished the Commission. Responses

FEDERAL POWER COMMISSION
I 18 CFR Paris 101, 104, 105, 141,
201, 204, 205, 260 I
[Docket No. R-424]

will be available for public inspection
UNIFORM SYSTEM OF ACCOUNTS
during regular business hours in the
Commission's Broadcast and Docket

AND CERTAIN FORMS

ever, it would be misleading to the public
to revise the above-quoted Section

Reference Room at its headquarters in

Notice of Extension of Time

through this opinion alone. A direct re

Washington, D.C.

vision of the rule is needed. Accordingly,
we are instituting this rule making pro
ceeding. Additionally, this proceeding
Will enable us to consider arguments
that interested parties wish to make
against the proposed rule change.
5. Pursuant to applicable procedures

set out in § 1.415 of the Commission's
rules and regulations, interested parties
may file comments on or before Novem
ber 8, 1971, and reply Comments On or be
fore November 18, 1971. All relevant and
timely comments and reply comments
will be considered by the Commission be
fore final action is taken in this proceed

ing. In reaching its decision in this pro

Released: September 30, 1971.

funding and reacquisition of long-term
[SEAL ]

FEDERAL COMMUNICATIONS

debt, and interperiod allocation of in

CoMMISSION, *
BEN F. WAPLE,
Secretary.

come taxes.

A. Part 74 of Chapter I of Title 47
of the Code of Federal Regulations is
amended as follows:
1. Section 74.1103 is amended to add
a note after paragraph (g) (2) as follows:

§ 74.1103 Requirements relating to dis
tribution of television signals by
community antenna television sys

(g)
(2)

+
#
+

*
4

*

sk

+

*
+

* Commissioner Johnson concurring in part
and dissenting in part and issuing a state
ment, filed as part of the original document;
Commissioner H. Rex Lee, Wells, and Houser
absent.

Requests for an extension of time
Within which to file comments in the
above-designated matter have been filed

by Haskins & Sells, the Public Utilities
Commission of the State of California,
Philadelphia Electric Co., Baltimore Gas

and Electric Co., the Independent Nat
ural Gas Association of America, San
Diego Gas and Electric Co., the Edison
Electric Institute, and Union Electric Co.
Upon Consideration, notice is hereby
given that the time is extended to and

terms.
+.

* Camellia points out, for example, that
certain CATV systems carrying KTXL-TV
which shows “the David Frost Show” during
prime time, and certain higher priority sta
tions, which air this show during nonprime
time, grant exclusively to these higher prior
ity stations taking the position that the net
work p
referred to in § 74.1103 (g) (2)
do not include syndicated programs.

SEPTEMBER 27, 1971.
Accounting for premium, discount and
expense of issue, gains and losses on re

Adopted: September 24, 1971.

including April 4, 1972, within which
any interested person may submit data,
Views, comments or suggestions, in writ
ing, to the Notice of Proposed Rulemak
ing issued August 6, 1971, in the above
designated matter.
KENNETH. F. PLUMB,
Secretary.
[FR Doc.71–14605 Filed 10–5–71;8:46 am]

FEDERAL REGISTER, vol. 36, No. 194–WEDNESDAY, october 6, 1971

19444

Notices
DEPARTMENT OF THE TREASURY
Fiscal Service
[Dept. Circ. 571–1971 Rev., Supp. No. 2.

on July 1 so long as the companies re

must be fully justified and strongly sub

main qualified (31 CFR Part 223). A list

Stantiated.

of qualified companies is published an
nually as of July 1 in Department Cir
cular 570, with details as to underwriting
limitations, areas in which licensed to

RURAL MUTUAL INSURANCE
COMPANY

Surety Company Acceptable on
Federal Bonds
A Certificate of Authority as an
Ceptable Surety on Federal bonds
been issued by the Secretary of
Treasury to the following company

ac
has
the
un

der Sections 6 to 13 of title 6 of the

United States Code. An underwriting
limitation of $583,000 has been estab
lished for the company.
Name of company, location of principal
executive office, and State in which in

transact fidelity and surety business and
other information. Copies of the Circu
lar, when issued, may be obtained from
the Treasury Department, Bureau of Ac
Washington,
Staff,
Audit
counts,
D.C. 20226.

Dated: October 1, 1971.
JOHN K. CARLOCK,

[SEAL ]

Fiscal Assistant Secretary.
[FR Doc.71–14655 Filed 10–6–71;8:40 am]

DEPARTMENT OF JUSTICE
Law Enforcement Assistance
Administration

Madison, Wisconsin

HELICOPTER PROCUREMENT
GUIDELINES
Public Law 90–351, the Omnibus Crime

Control and Safe Streets Act of 1968, as
amended, it is the purpose of this docu
ment to propose guidelines for the mis
Sions, Specifications and funding of heli
copter programs funded with LEAA
Interested persons may submit written
comments and suggestions to Dr. Michael
D. Maltz, National Institute of Law En

forcement and Criminal Justice, Law

Washington, D.C. 20226.

Washington, D.C. 20530, on or before
October 29, 1971.

[Dept. Circ. 570–1971 Rev., Supp. No. 3]
MISSION INSURANCE COMPANY

Surety Company Acceptable on
Federal Bonds
A Certificate of Authority as an ac
ceptable Surety on Federal bonds has
been issued by the Secretary of the
Treasury to the following company
under Sections 6 to 13 of Title 6 of the

United States Code. An underwriting

limitation of $1,062,000 has been estab
lished for the company.
Name of company, location of principal

I. Purpose. The purpose of this docu
ment is to establish standard mission,
specification, and funding guidelines for
helicopter programs funded with LEAA
money.
II. General.

The

missions

outlined

herein are general in nature and are not
exhaustive. However, they are considered
to be the minimum required to justify a
policy helicopter patrol program. Heli

copter and ancillary equipment speci
fications stated are considered adequate
to accomplish these missions. It is rec
Ognized that some applicants for fund
ing may have mission requirements pe
culiar to their area of jurisdiction. Where

Los Angeles, California
California

Certificates of Authority expire on
June 30 each year, unless sooner re

voked, and new Certificates are issued

search/surveillance

aerial

for

particular persons or vehicles or sites in
support of police activities related to

crime control. Surveillance may be either
overt or covert as the situation requires.
3. Investigation of suspicious ground/
water activities. Regular and frequent re

tion of suspicious activities, persons, or
vehicles, resulting from observation or
radio intelligence. Includes detection

and/or apprehension of suspects, in co
ordination with ground units. In water
ways or harbor areas, includes investiga
tion or identification of boats or water
in or adjacent to harbors.

4. Pursuit. Air chase of vehicles or per
sons suspected/confirmed of being in
Volved in crimes or other related activi

ties and the vectoring in of ground per
Sonnel to intercept/apprehend.

5. Control platform and personnel/
equipment delivery. Use as platform to
Command, control, and coordinate the

activities of the police ground forces;
particularly at events which draw large
crowds and during civil disturbances.

Transport

of

crime

specialists

(i.e.,

crime lab personnel) to remote or rela
tively inaccessible locations or other lo
cations where the situation demands ex

peditious arrival. Delivery of equipment

such is the case these missions must be

and services (i.e., illuminating lights, tear
gas, photo equipment, etc.) as necessi

aimed specifically at crime prevention or
reduction through aerial patrol. Only

tated.

those missions that have a direct rele

6. Training. Training requirements will
be initial pilot training at the onset of

executive Office, and State in which in

corporated:
Mission Insurance Company

trol missions are considered not to exceed
2 hours in duration.
2. Search and surveillance. Concen

activities such as thefts and burglaries
JERRIs LEONARD.
Administrator.

John K. CARLOCK,
Fiscal Assistant Secretary.

[FR Doc.71–14654 Filed 10–6–71;8:49 am)

as

quirement to investigate for confirma
money.

Enforcement Assistance Administration,

[SEAL ]

primarily performing

tivities attendant to the accepted normal
police patrol function. Normal patrol al
titude is considered to be 500 to 1,000
feet above existing terrain. Routine pa

trated
Pursuant to the authority contained in

ment, Bureau of Accounts, Audit Staff,
Dated: October 1, 1971.

Regular and frequent aerial observa
tion of prestudied and selected areas of
the air environment will allow, those ac

Rural Mutual Insurance Company

Certificates of Authority expire on
June 30 each year, unless sooner re
voked, and new Certificates are issued
on July 1 so long as the companies re
main qualified (31 CFR Part 223). A
list of qualified companies is published
annually as of July 1 in Department
Circular 570, with details as to under
Writing limitations, areas in which li
censed to transact fidelity and surety
business and other information. Copies
of the Circular, when issued, may be
obtained from the Treasury Depart

plicant when soliciting bids from manu
facturers. Funding will not exceed the
lowest bid conforming to the LEAA
approved specifications.
IV. Standards.-A. Missions—1. Rou
time patrol.

jurisdiction,

corporated:

Wisconsin

III. Responsibilities and funding. Each

application for funding of a helicopter
program (including lease, purchase,
maintenance, and/or operations ex
penses), must follow helicopter/ancil
lary equipment specifications approved
by LEAA. They shall be used by the ap

vance to this function will be considered.
makeup,
demographic
Topography,
Weather factors, etc., in certain areas
may generate requests for variance from
equipment
helicopter/ancillary
these
specifications. Any requested variance

a

program,

continuous

requalification

and proficiency checks, proper use of an
cillary equipment, specialized training
in the skills of aerial observation. In

cludes air familiarization for ground
personnel.

FEDERAL REGISTER, VOL. 36, NO. 194–WEDNESDAY, OCTOBER 6, 1971

NOTICES
B. Helicopter/Ancillary
Equipment
Specifications—1. General. Helicopter
shall be factory new, latest production
model, with all applicable improvements,
service bulletins, and service letters com

plete and incorporated in the helicopter
at time of delivery, including aircraft
and engine logbooks and FAA approved
flight operations manuals.

2. Certification. Helicopter shall be
certified by FAA for day and night visual
flight rules. All accessories shall be FAA
certified.

3. Safety. Helicopter shall be capable
of a safe autorotation from hover, at

maximum gross weight, at an altitude of
at least 400 feet above ground level in
the area of operation. This capability
shall be FAA approved and supported by
an accepted height-velocity diagram.
Manufacturer shall document all safety

equipment over and above the minimum
required for FAA certification.
4. Eacternal
dimensions.
Helicopter
shall be capable of landing in a 50’
diameter circle.

5. Internal dimensions. Cabin shall be
provided with seating for a pilot and an
observer distributed in such a manner
as to provide the pilot with adequate
space for unobstructed operation of the
controls under all conditions, and to
provide the observer with adequate visi
bility of the operating area. There shall
be sufficient clearance in the cabin for
the observer to maneuver any observa
tion enhancement equipment such as
handheld TV cameras, binoculars, or

19445

13. Hovering ceiling. Helicopter shall
be capable of hovering out of ground
effect at normal patrol altitude at maxi
mum gross weight.
14. Useful load. Helicopter shall be ca
pable of the foregoing performance under
patrol ready conditions with:
a. Full fuel load;
b. Two-man crew (200 lbs. per man);
c. Necessary police and avionics equip
ment installed. This will normally include
one radio for airport control zones, one
police radio compatible with radio in
patrol cars, one intercom, one public and
Speaker, a steerable searchlight capable
of supplying ground illumination of 0.5
foot-candles on the ground from 1,000
foot altitude above existing terrain, cabin
heater and floats if required. Other
equipment shall be included if required
for FAA certification or efficient opera
tion (such as defoggers, first aid kit, fire
extinguisher, etc.).
15. Overall performance. All of the

for the withdrawal of the lands described

below from all location and entry under
the mining laws but not the mineral

leasing laws, subject to valid existing
rights.

The applicant desires the land for pub
lic purposes for the Hughes Creek Ad
ministrative Site in the Salmon National
Forest.

For a period of 30 days from the date

of publication of this notice, all persons
who wish to submit comments, sugges
tions, or objections in connection with

the proposed withdrawal may present
their views in writing to the undersigned
officer of the Bureau of Land Manage
ment, Department of the Interior, Room
334 Federal Building, 550 West Fort
Street, Boise, ID 83702.
The authorized officer of the Bureau

of Land Management will undertake
such investigations as are necessary to
determine the existing and potential de

require

mand for the lands and their resources.

ments are considered in still air at the
expected extreme seasonal temperatures

He will also undertake negotiations with
the applicant agency with the view of
adjusting the application to reduce the
area to the minimum essential to meet
the applicant's needs, to provide for the

above

itemized

performance

and pressures. Helicopter shall be capable
of Sustaining these performance require
ments except for unseasonal extreme

density altitude conditions not occurring
more than 1 percent of the year. An

maximum concurrent utilization of the

helicopter's capability to perform under

lands for purposes other than the ap
plicant's, to eliminate lands needed for
purposes more essential than the appli
cant's and to reach agreement on the
concurrent management of the lands and

these conditions.

their resources.

analysis of local weather statistics in

relation to the helicopter performance
data must substantiate the candidate

2. These requirements are in no way
meant to restrict an applicant specifying

He will also prepare a report for con
sideration by the Secretary of the In
terior who will determine whether or not
the lands will be withdrawn as requested
by the Department of Agriculture. The
determination of the Secretary on the
application will be published in the FED
ERAL REGISTER. A separate notice will be
sent to each interested party of record.
If circumstances warrant it, a public
hearing will be held at a convenient time
and place which will be announced.
The lands involved in the application

8. Maintenance. All equipment, basic

any other equipment or items that are

are:

and accessory, shall be maintained ac
cording to FAA requirements.

Optional or necessary for the conduct of
the patrol. For example, it is advisable
to have at least one helicopter equipped

C. Eacceptions and notes. 1. Applicants
for helicopter funding may have use or
other vision enhancement gear. Cabin responsibility of helicopters over and
shall be designed for optimum observa above standards required by LEAA. As an
tion of ground activity.
example, a helicopter may have litter
6. Rotor height. Rotor blades shall be capability added. Any additional use or
at least 7 feet above the ground (rotor responsibility shall not be funded by
static condition).
LEAA but will not limit dual usage pro
7. Electrical system. Electrical system vided such does not restrict the heli
shall be capable of simultaneously sup Copters' primary function as an anti

porting all basic aircraft systems and
other systems necessary to perform the
missions.

9. Landing gear. Landing gear shall
be skid type; however, in areas requiring
patrol of waterways and shoreline, heli
copters shall be capable of being equipped
with floats.

Crime patrol aircraft.

BOISE MERIDIAN, IDAHO
sALMon National, FOREST

with dual controls to accommodate train

Hughes Creek Administration Site

ing new pilots and updating pilot pro
ficiency. However, any optional or neces

T. 25 N., R. 21 E.,
Secs. 15 and 22 (unsurveyed).
A fraction of HES No. 95 more particularly

sary equipment other than stated herein
-

10. Speed. Helicopter shall be capable
of patrolling 95 miles per hour * indicated

must be fully justified and substantiated
by applicant.

thence S. 48°14' W., 253.8 feet to a point,

[FR Doc.71–14645 Filed 10–5–71;8:49 am]

airspeed, at maximum gross load con
ditions at the normal patrol altitude in
the area of Operation.
11. Endurance. Endurance of the air
craft must be at least 3 hours at maxi

DEPARTMENT OF THE INTERIOR

mum gross weight, when operating at
speeds of 40 to 50 miles per hour, at

Bureau of land Management

normal patrol altitude.

described by metes and bounds as follows:
Beginning at corner No. 11 of HES No. 95,
thence S. 43° 15' W., 495.7 feet to a point,
thence N. 54°49' W., 279 feet to the right-of

way line of the Sawtooth Park FHP 30 C2 E3
F2 highway survey, thence north along said
right-of-way for a distance of 1,705.1 feet,
more or less, thence S. 39°39' E., 357 feet,

[Serial No. 1–4476]

12. Service ceiling. Helicopter shall be

more or less to a point on the boundary line
of HES No. 95, thence S. 42° 15' W., 880 feet,
more or less, to corner No. 11 of HES No. 95,
the place of beginning.

IDAHO
capable of flying 3,000 feet above normal
patrol altitude.

Proposed Withdrawal and

The area described contains 12 acres,
more or less, in Lemhi County.

Reservation of Lands
* For policing rural areas where speeds
greater than 95 m.p.h. are frequently
achieved and sustained by pursued auto
mobiles, this will be increased to 120 m.p.h.

SEPTEMBER 29, 1971.
The Department of Agriculture has

RICHARD H. PETRIE,
Chief,
Division of Technical Services.

filed an application, Serial No. I–4476,

[FR Doc.71–14611 Filed 10–5–71;8:47 am]

FEDERAL REGISTER, VOL. 36, NO. 194–WEDNESDAY, OCTOBER 6, 1971

19446

NOTICES

iserial No. I–4467]

BoISE MERIDIAN, IDAHO

IDAHO

PAYETTE national, FoREST

The lands involved in the application
are:

SALT LAKE MERIDIAN

Redfish Cave Geologic Area

Proposed Withdrawal and
Reservation of Lands

T. 21 S., R. 16 E.,
T. 21 N., R. 3W.,

Sec. 23, SW14, W14 SE14, SE}4SE14;

Sec. 29, SEANE;4 NW 14, NEASE14 Nw 14.
SEPTEMBER 29, 1971.
The Department of Agriculture has

The area described contains 20 acres,
Sec. 27, lot 5, SE 4 SE14:
Imore or less.
Sec. 34, lots 5, 6, NE14 NE14:

filed an application, Serial No. I-4467,
scribed below, from location and entry

The areas described aggregate about
80 acres in Valley, Custer, and Adams

under the general mining laws but not

Counties.

for the withdrawal of the lands de

Sec. 35, N2, Nº.2 S12, S32 SE 4.
The area described contains 2,139.50
acres in Grand County.

RICHARD H. PETRIE,

the mineral leasing laws, subject to valid
existing rights.
The applicant desires the land for
public purposes for an administrative
site, a recreation area and a geologic site

Sec. 25, WW2, SE}4;
Sec. 26, all;

WILLIAM G. LEAVELL,
Acting State Director.

Chief, .
Division of Technical Services.
[FR Doc.71–14612 Filed 10–5–71;8:47 am |

[FR Doc.71–14613 Filed 10–5–71;8:47 am]

in the Boise, Challis and Payette National

[Montana 19509]
[Utah 16391]

Forests.

For a period of 30 days from the date

UTAH

of publication of this notice all persons
who wish to submit comments, sugges
tions, or objections in connection with
the proposed withdrawal may present
their views in writing to the undersigned
Officer of the Bureau of Land Manage
ment, Department of the Interior, Room
334 Federal Building, 550 West Fort
Street, Boise, ID 83.702.
The authorized officer of the Bureau
of Land Management will undertake
Such investigations as are necessary to
determine the existing and potential
demand for the lands and their re
Sources. He will also undertake negotia
tions with the applicant agency with the
View of adjusting the application to re
duce the area to the minimum essential

to meet the applicant's needs, to provide
for the maximum concurrent utilization
of the lands for purposes other than the
applicant's, to eliminate lands needed for
purposes more essential than the appli
Cant's and to reach agreement on the
concurrent management of the lands

Proposed Withdrawal and

Public Lands

Reservation of Lands
SEPTEMBER 28, 1971.
SEPTEMBER 29, 1971.
The Department of the Army, Sacra
mento District, Corps of Engineers, has
filed an application for the withdrawal
of the lands described below, from all

forms of appropriation under the public
land laws, including the mining laws
(30 U.S.C. ch. 2), and from leasing under
the mineral leasing laws.
The applicant desires the land for con
struction, operation, and maintenance

1. In an exchange of lands made under

the provisions of section 8 of the Act of
June 28, 1934 (48 Stat. 1269), as amended
(43 U.S.C. 31.5g), the following described
lands have been reconveyed to the United
PRINCIPAL MERIDIAN, MonT.
T. 33 N., R. 32 E.,

Sec. 20, E2, SEWA NW 4, and S32 SW 4;
Sec. 29, Nº.2.
The area described contains 760 acres.
2. The land is located in Phillips
County. The land lies adjacent to other

of publication of this notice, all persons
who wish to submit comments, sugges

public land and is primarily useful for
livestock grazing and hunting. The public

tions, or objections in connection with

lands in this area have been classified for

-

the proposed withdrawal may present

multiple use management and retention

their views in writing to the undersigned

in Federal ownership and are not open

officer of the Bureau of Land Manage

to application under the agricultural land
laws (43 U.S.C. Chapters 7 and 9; 25

-

ment, Department of the Interior, Post

Office Box 11505, Salt Lake City, UT

He will also prepare a report for con
sideration by the Secretary of the In
terior who will determine whether or
not the lands will be withdrawn as re
quested by the Department of Agricul
ture. The determination of the Secre
tary on the application will be published
in the FEDERAL REGISTER. A separate no

84.11:1.

The Department's regulations (43 CFR
2351.4 (c)), provide that the authorized

officer of the Bureau of Land Manage
ment will undertake such investigations
as are necessary to determine the exist
ing and potential demand for the lands
and their resources. He will also under

take negotiations with the applicant
agency with the view of adjusting the

U.S.C. 334), or to sale under section 2455
of the Revised Statutes (43 U.S.C. 1171).

3. Subject to valid existing rights, the
provisions of existing withdrawals, and
the requirements of applicable law, the
lands are hereby opened to application,
petition, location, and selection. All valid

applications received at or prior to 10
a.m. on November 4, 1971, shall be con
sidered as simultaneously filed at that
time. Those received thereafter shall be

of record. If circumstances warrant it, a
public hearing will be held at a con

application to reduce the area to the

venient time and place which will be

minimum essential to meet the appli

4. The mineral rights in the lands were

announced.

Cant's needs, to provide for the maxi
mum concurrent utilization of the lands

not exchanged. Therefore, the mineral

for purposes other than the applicant's,
to eliminate lands needed for purposes
more essential than the applicant's, and

this order.

The lands involved in the application
are:

BoISE MERIDIAN, IDAHO
BOISE National, FoREST

Bear Valley Mountain Administrative Site
T. 13 N., R. 9 E.,

to reach agreement on the concurrent
management of lands and their resources.

considered in the order of filing.

status of the lands are not affected by

5. Inquiries

concerning

the

lands

should be addressed to the Bureau of

Land Management, Billings, Mont. 59101.
Ro1.AND F. LEE,

Sec. 16, W1% NE14 SE14.

The authorized officer will also pre
pare a report for consideration by the

Chief, Branch of Lands
and Minerals Operations.

The area described contains 20 acres,

Secretary of the Interior who will deter
mine whether or not the lands Will be

[FR Doc.71–14656 Filed 10–5–71;8:49 am)

more or less.

withdrawn as requested by the appli
BOISE MERIDIAN, IDAHO

cant agency.
CHALLIS NATIONAL FOREST

Stanley Lake Lagoon
T. 11 N., R. 12 E.,

Sec. 27, WW, NW 4.NE}4, E!2 NE14 NW 4.

The area described aggregates 40 acres,
more or less.

s

States:

Facility.
For a period of 30 days from the date

of the Pershing-Green River Launch

and their resources.

tice will be sent to each interested party

MONTANA
Order Providing for the Opening of

The determination of the Secretary on
the application will be published in the
FEDERAL REGISTER. A separate notice will
be sent to each interested party of record.
If circumstances warrant, a public
hearing will be held at a convenient time
and place, which will be announced.

Geological Survey
[Power Site Cancellation 291]

RED RIVER, N. MEX.
Revocation of Power Site
Pursuant to authority under the act of
March 3, 1879 (20 Stat. 394; 43 U.S.C.

FEDERAL REGISTER, vol. 36, No. 194—wed NESDAY, october 6, 1971

º:

19447

NOTICES
31) and 220 Departmental Manual 6.1,

Waterpower Designation 1, of August 7,
1916, as modified and interpreted on
March 25, 1922, and January 15, 1952,

respectively, is hereby cancelled to the
extent that it affects the following de
scribed land:

State Office, Room 334, Federal Building, 550
West Fort Street, Boise, ID.

Effective date: C.O.B., September 20,
1971.

State Office, Federal Building and U.S. Court
house, 316 North 26th Street, Billings, MT.

State Office, Room 3008, Federal Building,

Signed at Washington, D.C., on Sep
tember 20, 1971.

300 Booth Street, Reno, NV.
State Office, U.S. Post Office and Federal
Building, South Federal Place, Santa Fe,

CARROLL G. BRUNTHAVER,
Acting Eacecutive Vice Presi
dent,
Community
Credit
Corporation.

NM.
NEw MEXICO PRINCIPAL MERIDIAN

State Office, 729 Northeast Oregon Street,
T. 28 N., R. 12 E.,

Sec. 3, lots 5, 7, and 8, NW, SW 4, SW14 SW 4,
and NW 4 SE14.
T. 28 N., R. 13 E.,
Sec. 5, lot 6.
T. 29 N., R. 13 E.,
Sec. 32, lot 10.
T. 29 N., R. 14 E.,
Sec. 32, S$4;

Portland, OR.
State Office, Federal

Building,

125

South

State Office, U.S. Post Office and Courthouse
WY.

SALES OF CERTAIN COMMODITIES

Outer Continental Shelf Office, Room T-9003,

Federal Office Building, 701 Loyola Avenue,
New Orleans, LA.

T. 28 N., R. 15 E.,
All lands of the United States which, when

surveyed, shall be included in whole or
part within

[Amdt. 6]

Building, 2120 Capital Avenue, Cheyenne,

Sec. 33.

in

[FR Doc.71–14660 Filed 10–5–71;8:50 am]

State, Salt Lake City, UT.

one-half mile of

Rio

The statement will also be available

The CCC Monthly Sales List for the
for sale at $2 per copy. Immediate over
the counter and all mail order sales will
be handled by:

Colorado (now called Red River).
The area described aggregates about
3,976 acres.
W. A. RADLINSKI,
Acting Director.
SEPTEMBER 29, 1971.

Monthly Sales List (Fiscal Year Ending
June 30, 1972)

U.S. Geological Survey Map Information
Office, Room 1028, GSA Building, 18th and
F Streets NW.; Washington, DC 20242.
Copies of the statement will be avail
able for over the counter sales only be
ginning October 12 at the following U.S.

Geological

Survey

Public

Inquiries

[FR Doc.71–14636 Filed 10–5–71;8:48 am]
Offices:
508 Second Avenue, Anchorage, AK.

fiscal year ending June 30, 1972, pub
lished in 36 F.R. 13044, is amended as
follows:
1. Section 42 entitled “Butter—Unre
stricted Use Sales” is revised to read as
follows:

Sales are in carlots only in-store at
storage location of products.
Market price but not less than the
following announced prices: 70.75 cents
per pound—New York, Pennsylvania,
New Jersey, New England, Maryland,

Office of the Secretary

7638 Federal Building, 300 North Los Angeles

GEOTHERMAL LEASING PROGRAM

504 Custom House, 555 Battery Street, San

Notice of Availability of Draft

1012 Federal Building, 1961 Stout Street,

69.75 cents per pound. Sales are made

Environmental Statement

Denver, CO.
Room 1C–45, 1100 Commerce Street, Dallas,

under Announcement MP-14.

Virginia, West Virginia, Delaware, and

Street, Los Angeles, CA.

the District of Columbia. All other States

Francisco, CA.

Pursuant to Section 102(2)(C) of the

Tx.

National Environmental Policy Act of

8102 Federal Building, 125 South State Street,

1969 (42 USC § 4332(2)(C)) the Depart
ment of the Interior has prepared a
draft environmental statement for the

Salt Lake City, UT 84111.
678 U.S. Courthouse, West
Avenue, Spokane, WA.

Geothermal Leasing Program and in

Dated: October 1, 1971

2. The provisions of Section 34 entitled
“Castor Oil—Unrestricted Use Sales”
are deleted.

920

Riverside

Effective date: 10 a.m., September 27,
1971.

vites written comments within a period
of forty-five (45) days after the pub
lication of this Notice.
The
siders:

environmental

statement

con

Signed at Washington, D.C., on Sep
WILLIAM W. LYONs,
Deputy Assistant Secretary
of the Interior.

tember 30, 1971.
CARROLL G. BRUNTHAVER,
Acting Eacecutive Vice Presi
dent,
Commodity
Credit
Corporation.

[FR Doc.71–14666 Filed 10–5–71;8:49 am]

(1) The adoption of leasing and op

erating regulations for the implementa
tion of the Geothermal Steam Act of
1970 (30 USC §§ 1001–1025 (1070) ) ; and
(2) The leasing of federally-owned
geothermal resources in three specific
areas in California: (a) Clear Lake

[FR Doc.71–14661 Filed 10–5–71;8:50 am)

DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation

DEPARTMENT OF COMMERCE

[Amdt. 5]

Geysers, (b) Mono Lake-Long Valley, , SALES OF CERTAIN COMMODITIES
and (c) Imperial Valley.
Copies are available for inspection at Monthly Sales List (Fiscal Year Ending
the following locations:
June 30, 1972)
Geothermal

Coordinator's

Office,

Depart

ment of the Interior, Room 7000, Interior

Building, Washington, D.C. 20240
Bureau of Land Management Public

Rooms in the following offices:
State Office, 555 Cordova Street, Anchorage,
AK.

District Office, Lathrop Building, 516 Second
Avenue, Fairbanks, AK.

State Office, Room 3022, Federal Building,
Phoenix, Ariz.

State Office, Federal Office Building, 2800
Cottage Way, Sacramento, CA.
District Office, 1414 University Avenue, River
side, CA.
State Office, Room 700, Colorado State Bank

The CCC Monthly Sales List for the
fiscal year ending June 30, 1972, pub
lished in 36 F.R. 13044, is amended as
follows:
1. Section

42

entitled

“Butter—Un

restricted Use Sales” is revised to read
as follows:
Sales are in carlots only in-store at
storage location of products.
Market price but not less than the fol
lowing announced prices: 72.75 cents per
pound—New York, Pennsylvania, New
Jersey, New England, and other States
bordering the Atlantic Ocean and Gulf

States

Land

Office,

Avenue, Silver Spring, MD.

7981

Eastern

[Report No. 115]
LIST OF FREE WORLD AND POLISH
FLAG VESSELS ARRIVING IN CUBA

SINCE JANUARY 1, 1963
SECTION 1. The Maritime Administra

tion is making available to the appro
priate Departments the following list of
vessels which have arrived in Cuba since

January 1, 1963, based on information
received through July 30, 1971, ex
clusive of those vessels that called on
Cuba

on

Government-approved

in section 2. Pursuant to established U.S.

Government policy, the listed vessels are
ineligible to carry U.S. Government-fi

nouncement MP–14.

nanced cargoes from the United States.

FEDERAL REGISTER, VOL. 36, No. 194–WEDNESDAY, OCTOBER 6, 1971
No. 194—Pt. I–3

U.S.

noncommercial voyages and those listed

per pound. Sales are made under An

of Mexico. All other States 71.75 cents

Building, 600 Broadway, Denver, CO.
Eastern

Maritime Administration

NOTICES

19448
FLAG OF REGISTRY AND NAME OF SHIP

Total—all flags (190 ships) – 1, 415, 011

Aegis Banner------------------Aegis Fame---------------------

Aegis

Hope

(previous

trips

9, 024
9,072

to

Cuba as the Huntsmore—Brit
ish)
Aftadelfos -----------------

Aghios Ermolaos-----------Aghios Nicolaos------------

Annunciation Day-------

-

Antigoni ------------

Areti

Aria (previous trips to Cuba—
Somali) ----------------------

*Artigas Athenian —
Aurora

--

Azalea ---

Begonia -Byron --------------------------

Calypso (tanker)---------------Camella -------Castalia ------------------------

Claire (previous trips to Cuba—
Lebanese) -------------------Cleo II-----* Cleopatra Costiana -----------------Degedo -------------------Diamondo

Dolphin ----------------------

--

Elpida -----Elpidoforos ---------------------

Free

Trader (previous

trips

Cuba—Lebanese)

George -----------George N. Papalios-------------Georgios C. (previous trips to
Cuba as the Huntsfield–British
and Cypriot) ----------------Georgios T---------------------Glannis ------------------------

Good Luck---

Happy Land––
Herodemos ---------------------

5,059
3, 570
7, 233
5, 841
9, 943
8, 380
9, 506
6, 576
8, 720
12, 883
8, 111
7,641
5,411
7, 590
8,079
7, 199
9,000
7,067
3, 550

Katerina (previous trips to Cuba—
Lebanese) -------------------Kitsa

8, 424
9, 431
8, 296
4, 963
7,061
9, 744
7, 378
9,071

Mimosa ------------------------

Miss

Papalios-------------------

7, 643
9, 505

Narwik ------------Plast ----------------

7,251

Rejowiec -----------Transportowiec -----------------

3, 401
10,854

Yugoslav (7 ships) ----------------

46,731

7, 258
9,069
8, 6.18
9,072

Mitera Irini (previous trips to
Cuba as the Soclyve—British
and Maltese).-----Nea Hellas-----------

---

--

7, 291
9, 241
7, 679

Newgate (previous trips to Cuba—
British) ----------------------

**Newheath

(trips

to

6, 743

British) ---------------------Nike --------------------------Lebanese)

-------------------

9, 483
9, 646
7,490
6,952
9, 080
7, 356

Lebanese and Greek) ----------

Patricia ---------Petunia -Platres -------------

--

-

-

*Protoapostolos --------Protoklitos

-

Salvia -----Silver Coast----------

Silver Hope---------------------

7, 265
9,618
6,998
7, 843
7, 244
8, 130
6, 154
8, 522
7, 328
5, 313

Greek)

-----------------

-

Thios Costas (previous trips to
Cuba–Somali) ---------------Torenia ------------------------

**Troyan (trips to Cuba as the
Mauritanie—Moroccan) -------

2, 449
8,776
8, 229
7,519
3, 657
7,499
8,602

Greek (6 ships)------------------T30,47

Sophia (previous trips to Cuba—
Successor --Suerte -------------------------

7,030
11, 471
7, 267
7, 258
8,077

Andromachi (previous trips to
Cuba as the Penelope—Greek) -**Anna Maria (trips to Cuba as
the Helka—British) --Fiftyhia -------------------------

6,712
2, 111
9, 844

**Gold Land (trip to Cuba as
10, 392
9,000
9, 777
8,032
7, 114

the Amfred—Swedish) ---------

**Lambros

M.

Fatsis

(trips

2,838

to

Cuba as the La Hortensia—
British) ----------------------

9,486

**Pothiti (trips to Cuba as the
Huntsville—British) ----------

9, 486

Italian (6 ships) ------------------

53, 930

Alderamine (tanker) ------------

San Francesco
Santa Lucia-Somalia ------------------------

12, 505
11,021
8, 150
9,284
9, 278
3, 692

Somali (8 ships) ------------------

61,638

British (28 ships) ----------------- 228,019
Arctic Ocean-------------------(tanker)---Athellaird (tanker) --------Athelmonarch (tanker) -Cheung Chau ----------Coral

Islands--------

East Sea-----------------------Fortune Enterprise--------------

**Glendalough (trip to Cuba—as
the Ardrossmore—British) ----Golden Bridge-----------------Ho Fung-----

Ivory IslandsKinross ------------------------

Magister ----------------------Precious Pearl------------------Red Sea (previous trip to Cuba
as the Grosvenor Mariner—Brit
lsh) -------------------------

**Rosetta Maud (trips to Cuba

7, 232
8, 479
9, 689
9, 357

Sea Coral----------------------Sea Empress--------------------

as the Ardtara—British) ------Sea Amber-----------------

Sea Moon.----

Seasage ------------------------

**Shun Wah (trip to Cuba as the
Vercharmian—British)

8, 791
11, 149
11, 150
11, 182
8, 566
9,060
9, 679
7, 696
5, 820
7, 897
7, 121
9, 353
9,091
9, 718
5, 388
2, 239
6,921

Elia (tanker)-------------------Probitas

-----------------------

** Atlas (trip to Cuba–Finnish) --

3,916

Ber Sea-------------------------

8, 269
7, 829

Dimitrakis ---------------------

Hemisphere

(previous

trips

to

Cuba–British) ---------------

8, 7.18

Nebula (trips to Cuba—British) -Nebula (previous trips to Cuba—

8,907

British)

---------------------

8,907

** Oriental (trips to Cuba as the
7, 0.26
5,
10,
10,
9,
9,

795
421
421
841
085

--------

6, 185

**Eastglury (trips to Cuba—
British) --------------------** Jollity (trips to Cuba—British) -

Oceantramp—British)

8, 995
8, 8.19

French (4 ships) ------------------

10, 466

4, 330

** Atlanta (trip to Cuba as the
Enee—French) -Circe -------------

Venice

7, 265
8,989
8, 611

Yunglutaton -------------------

5, 414

Nelle ------------- --------------

Steed

7, 199

-Energetyk --------Grodziec ----------------------Huta Florian-------------------Huta Labedy--------Huta Ostrowiec-----—
Huta Zgoda---------–
Hutnik -------------Kopalnia Bobrek----Kopalnia Czladz-----Kopalnia Miechowice--Kopalnia Siemianowice----------

Olga (previous trips to Cuba—
Pantazis Caias----------

5, 925

9, 357
5, 686
9, 519

Chopin -------Chorzow ------

Kopalnia Wujek-----------------

Cuba—

Huntsland
Hwa Chu----

Kounistra (previous trips to Cuba
as the Nicolaos Frangistas and
the Nicolaos F.—Greek) -------

----------------------

Athelcrown

Irena (previous trips to Cuba—
Lebanese)

Master George-May ----------------------------

Baltyk ------------------------Bialystok ---------Bytom --------

6, 984
7, 173
5,967
9, 231
7, 237
10, 876
3. 379
7, 258
7, 221
7, 179
6, 840
10,847
7, 221
7, 252
7, 223
7, 165
7,033
7,065
3, 184

Mery (previous trips to Cuba—

Venturer -----------------------

Ilena (previous trips to Cuba—
Lebanese) --------------------

Lena --------Marco --------

7, 001
7,029
7, 622
7, 334
8, 853

Noelle (previous trips to Cuba—
5, 171
7, 168
7, 314
8,047
3, 174
7, 261
7, 265
8, 406

to

Gardenia ----------

Polish (21 ships) ------------------ 150, 590

Nedi 2--------------------------

7, 189
7, 564
6, 585
9, 159
8, 959

Dorine Papalios (previous trips to
Cuba as the Formentor—Brit

ish)
E. D. Papalios

tonnage

------------------------

Greek)

Amflthea (previous trip to Cuba
as the Antonia—Greek) --------

Gross

tonnage

Mimis N. Papalios--------------5, 678
8, 136
7, 208
7, 254
7, 292
7, 388

Alice (previous trips to Cuba—
Greek) -----------------------

Gross

Cypriot—Continued
Kypros

Cypriot (99 ships) ----------------- 769, 533

FLAG of REGISTRY AND NAME OF SHIP

FLAG OF REGISTRY AND NAME of SHIP

Gross
tonnage

See footnotes at end of document.

FEDERAL REGISTER, VOL. 36, NO. 194–WEDNESDAY, OCTOBER 6, 1971

----

1,232
2,874
3, 486
2,874

19419

NOTICES
FLAG of REGISTRY AND NAME OF SHIP

FLAG OF REGISTRY AND NAME OF SHIP

a. Since last report:
Gross

Gross

tonnage

Lebanese (2 ships) ----------------

11, 583
6, 259
5, 324

a. Since last report:
Gross
tonnage
Avisfaith (British) ---------------7, 868

tonnage
Kolasin (Yugoslav) ------------------ 7, 217
Nancy Dee (British) ----------------- 6, 597
b. Previous reports:

b. Previous reports:

Broken up, sunk,

Number

Flag of registry:
Netherlands (2 ships) -------------

1, 615

Flag of registry:
of ships
Flag of registry (total) ----------------- 137

or wrecked

British -----------------------------

Cypriot ---------------

Tempo -------------------------

500
1, 11

Panamanian (2 ships) -------------

17, 543

Meike

Finnish -British -----------------------------

48

Cypriot ------------Danish ----------------------------Finnish ----------------------------

4.
1
4
4

French ----------------------

**Ampuria (trips to Cuba as the
Roula Maria—Greek) ----------

**Robertina

10, 608

(trips to Cuba as

the Anacreon—Greek) ---------

6, 935

German (West) -----Greek ---------------

1

31
1.

Israeli --------Italian ---------

13

Japanese ------Finnish (1 ship) ------------------

4,779

Somer. -------------------------

4.779

Guinean (1 ship) -----------------

Kuwaiti -------Lebanese ------Liberia --------Moroccan --------------------------

the Neve–French) ------------

852

Maltese (1 ship) -------------------

5, 333

Timios Stavros. (previous trips to

Moroccan

Norwegian
Pakistan

9

Panamanian

1

-------------------------

5

Singapore ----------------------- ---

1

Swedish ----------------------------

1

Somali -----------------------------

1

Yugoslav ---------------------------

6

Spanish --------------------Swedish ---------------------

6
1.

Yugoslav ---------------------------

2

SEC. 4. The ships listed in sections 1

SEC. 3. The following number of vessels

and 2 have made the following number
of trips to Cuba since January 1, 1963,
based on information received through
July 30, 1971.

2

852

**Drame Oumar (trip to Cuba as

Japanese --------Lebanese
Maltese
Monaco ------------------

Singapore ----Somali ----------------------------South Africa------------------------

Norwegian

Cuba—British and Greek) -----

1.
1

French ---

2

5, 333

Moroccan (1 ship) ----------------

3, 214

Marrakech ----------------------

3, 214

Pakistani (1 ship) ----------------

8,708

have been removed from this list, since
they have been broken up, sunk, or
Wrecked.

1971

Flag of registry

**Maulabaksh (trips to Cuba as
the Phoenician Dawn and East
Breeze–British) --------------

1963

1964. 1965 1966

1967

1968

1969

1970 J

Total

an.-

-

April

May

June

8, 708

Sec. 2. In accordance with approved

procedures, the vessels listed below which
called at Cuba after January 1, 1963,

British--------------------------------Cypriot--------------------------------------

791
559
275
212
126
88
58
44
26
24
23
24
25
6
9
3
2
2

Lebanese
reek--Italian---

Yugoslav

have reacquired eligibility to carry U.S.
Government-financed cargoes from the

United States by virtue of the persons
who control the vessels having given sat

isfactory certification and assurance:
(a) That such vessels will not, thence

forth, be employed in the Cuban trade so
long as it remains the policy of the U.S.
Government to discourage such trade;

French-Finnish--

Spanish---NorwegianMoroccan-Maltese-------------------------------------Somalia---Netherland
Sweden
Kuwait
Israeli-

;1

German (West)-----------------------Haitian----------------------------------

and

Monaco

1.

(b) That no other vessels under their
control will thenceforth be employed in

the Cuban trade, except as provided in
paragraph (c); and
(c) That vessels under their control
which are covered by contractual obliga
tions, including charters, entered into
prior to December 16, 1963, requiring
their employment in the Cuban trade
shall be withdrawn from such trade at

the earliest opportunity consistent with
such contractual obligations.

Subtotal------------------------------- 371
Polish--------------------------------18

394

290

224

218

204

197

16

12

10

11

7

2

Grand total---------------------------- 389

410

302

234

229

211

199

285

79
3 -------

288

79

20
16
! ------21

16

2, 289
80

2,378

NotE: Trip totals in section 4 exceed ship totals in sections 1 and 2 because some of the
ships made more than one trip to Cuba. Monthly totals subject to revision as additional
data becomes available.

*Added to Report No. 114 appearing in the FEDERAL REGISTER, issue of July 29, 1971.
**Ships appearing on the list which have made no trips to Cuba under the present registry.
By order of the Assistant Secretary of Commerce for Maritime Affairs.
Dated: September 23, 1971.
JAMEs S. DAwson, Jr.,
Secretary, Maritime Administration.

See footnotes at end of document.

[FR Doc. 71–14529 Filed 10–5–71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 194–WEDNESDAY, OCTOBER 6, 1971

19450

NOTICES

equivalent scientific value to the foreign

DEPARTMENT OF COMMERCE
Office of Import Programs
HARVARD UNIVERSITY

is intended to be used, which was being Notice of Decision on Application for
manufactured in the United States at
Duty-Free Entry of Scientific Article
the time the foreign article was ordered.

A copy of the record pertaining to this

The following is a decision on an ap
plication for duty-free entry of a scien
tific article pursuant to section 6(c) of
the Educational, Scientific, and Cultural
Materials Importation Act of 1966 (Pub
lic Law 89–651, 80 Stat. 897) and the
regulations issued thereunder as amend
ed (34 F.R. 15787 et seq.).
A copy of the record pertaining to this
decision is available for public review
during ordinary business hours of the
Department of Commerce, at the Office
of Import Programs, Department of
Commerce, Washington, D.C.
Docket No. 71–00216–98–26000. Appli
cant: Occupational Centre, Boces Alleg.
Country, Belmont, N.Y. 14813. Article:
Theory of electricity device. Manufac
turer: Dr. Clemenz, West Germany.
Intended use of article: The article
will be used in classes for teaching the

decision is available for public review

basic theory of electricity by having the

SETH. M. BoDNER,
Director, Office of
Import Programs.

Notice of Decision on Application for
Duty-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) of
the Educational, Scientific, and Cultural
Materials Importation Act of 1966 (Pub
lic Law 89–651, 80 Stat. 897) and the reg
ulations issued thereunder as amended
(34 F.R. 15787 et seq.).
A copy of the record pertaining to this
decision is available for public review
during ordinary business hours of the
Department of Commerce, at the Office
of Import Programs, Department of
Commerce, Washington, D.C.
Docket

Number:

71–00142–33–46500.

Applicant: Harvard University, Purchas
ing Department, 75 Mount Auburn
Street, Cambridge, MA 02138. Article:
Ultramicrotome, Model LKB4800. Manu
facturer: LKB Produkter A.B., Sweden.
Intended use of article: The article will
be used in research which deals with

various phenomena relating to the devel
oping nervous system. The programs con
Cern the histogenesis of normal and
mutant centrol nervous system and the
Cellular interactions in the developing

central nervous system requiring ultra
thin Serial sections.

Comments: No comments have been
received with respect to this application.
Decision: Application approved. No in
strument or apparatus of equivalent sci

entific value to the foreign article, for

OCCUPATIONAL CENTRE

article, for such purposes as this article

[FR Doc.71–14599 Filed 10–5–71;8:45 am]

NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION

Notice of Decision on Application for
Duty-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) of
the Educational, Scientific, and Cultural
Materials Importation Act of 1966 (Public
Law 89–651, 80 Stat. 897) and the regu
lations issued thereunder as amended (34
F.R. 15787 et seq.).

during ordinary business hours of the
Department of Commerce, at the Office
of Import Programs, Department of
Commerce, Washington, D.C.
Docket No. 71–00186–73–07795. Appli
cant: National Aeronautics and Space
Administration,
Manned
Spacecraft
Center, R and D Procurement Branch,

Houston, Tex. 77058. Article: Hasselblad
electric data camera system. Manufac
turer: Goteburg Co., Sweden.
Intended us of article: The article will
be used for a series of Apollo lunar land
ing flights, photo-Optical coverage will be
used during the period of time the Com

students construct electrical articles.
Comments:

No comments have been

received with respect to this application.
Decision: Application approved. No in
strument or apparatus of equivalent
scientific value to the foreign article, for
such purposes as this article is intended
to be used, is being manufactured in the
United States.
Reasons: The foreign article provides
a means of demonstrating electrical phe
nomena to students, through construc

tion by the students of alternating and
direct current generators, three-phase
motors, etc. We are advised by the Na
tional Bureau of Standards (NBS) in
its memorandum dated December 21.
1970, that it knows of no instrument or
apparatus being manufactured in the
United States, which is capable of fulfill
ing the purposes for which the foreign
article is intended to be used.
The Department of Commerce knows

Such purposes as this article is intended

mand and Service Module (CSM) which

to be used, is being manufactured in the
United States at the time the foreign
article was ordered (August 15, 1969).
Reasons: Captioned application is a
resubmission of Docket Number 70–

contains the astronauts, is in Earth orbit,
and during the time the CSM is en route
to and returning from the Moon.
Comments: No comments have been
received with respect to this applica

00370–33–46500 which was received on

tion.

December 11, 1969, and denied without
prejudice to resubmission due to de
ficiencies contained therein. The foreign
article has a guaranteed minimum thick
ness capability of 50 angstroms. The
most closely comparable domestic instru
ment available at the time the foreign
article was ordered was the Model MT-2
ultramicrotome manufactured by Ivan
Sorvall, Inc. (Sorvall). The Sorvall Model
MT-2 had a guaranteed minimum thick
ness capability of 100 angstroms.
We are advised by the Department of
Health, Education, and Welfare (HEW)
in its memorandum dated January 5,
1971, that a minimum thickness capa
bility of less than 100 angstroms is perti
nent to the applicant's research studies.
We, therefore, find that the Sorvall
Model MT-2 is not of equivalent scien
tific value to the foreign article, for
such purposes as this article is intended

Decision: Application approved. No
instrument or apparatus of equivalent
scientific value to the foreign article, for
Such purposes as this article is intended
to be used, is being manufactured in the

of no other instrument or apparatus of
equivalent scientific value to the foreign
article, for such purposes as this article is
intended to be used, which is being man

United States.

ufactured in the United States.

Reasons: The foreign article provides
the required gross weight, battery opera
tion, 70 millimeter (mm) thin base film
magazine with a capacity for 120 ex
posures On One roll of film, and a glass
reseau plate permanently installed in the
camera body. These capabilities are per
tinent to the purposes for which the
foreign article is intended to be used. We
are advised by the National Bureau of
Standards

(NBS)

in

its

SETH. M. BoDNER,
Director.
Office of Im port Programs.
[FR Doc.71–14601 Filed 10–5–71;8:46 am]

UNIVERSITY OF CALIFORNIA

Notice of Decision on Application for
Duty-Free Entry of Scientific Article

memorandum

of no comparable camera system being

The following is a decision on an ap
plication for duty-free entry of a scien

manufactured in the United States.

tific article pursuant to section 6(c) of

dated January 15, 1971, that it knows

the Educational, Scientific, and Cultural
SETH M. BoDNER,
Director,

to be used.

Materials Importation Act of 1966 (Pub

lic Law 89–651, 80 Stat. 897) and the reg
Office of Import Programs.

The Department of Commerce knows
Of no other instrument or apparatus of

ulations issued thereunder as amended
[FR Doc.71–14600 Filed 10–5–71;8:46 am]

(34 F.R. 15787 et seq.).

FEDERAL REGISTER, Vol. 36, No. 194—we DNESDAY, october 6, 1971

NOTICES

1945.1

A copy of the record pertaining to this

spreading over an array of habitats. Field

addition, the article is not affected by

decision is available for public review

measurements of CO., exchange rates for

during ordinary business hours of the
Department of Commerce, at the Office of
Import Programs, Department of Com
merce, Washington, D.C.
Docket No. 71–00222–75–65600. Appli

natural arctic, alpine, and temperate
populations will be made during the sum
mers (growing season). Controlled en

temperature changes in the environment
within the range of expected soil tem

cant: University of California, LOS Ala

mos Scientific Laboratory, Post Office
Box 990, Los Alamos, NM 87544. Arti
cle: High voltage power supply. Manu
facturer:
Emile
Haefely Co.,
Ltd.,
Switzerland.

Intended use of article: The article is
designed to produce 750 kilovolts of po
tential and at the same time to deliver
13 milliamperes of current.
Comments: No comments have been
received with respect to this application.
Decision: Application approved. No in
strument or apparatus of equivalent sci

entific value to the foreign article, for
such purposes as this article is intended
to be used, is being manufactured in the

vironmental studies will be made during
the academic months.
Comments: No comments have been

received with respect to this application.
Decision: Application approved. No in
strument or apparatus of equivalent sci
entific value to the foreign article, for

such purposes as this article is intended
to be used, is being manufactured in the
United States.

Reasons: We are advised by the De

partment of Health, Education, and Wel
fare (HEW) in its memorandum dated
February 12, 1971, that the integrated

design, portability and compactness of
the article are pertinent to the appli
cant's research studies. HEW further ad

vises, that it knows of no comparable
domestic instrument which is scientif

United States.

ically equivalent to the foreign article.

Reasons: The foreign article provides a
750 kilovolt direct current with a ripple

The Department of Commerce knows
of no other instrument or apparatus of

of less than 300 volts peak to peak. We are

equivalent scientific value to the foreign

advised by the National Bureau of
Standards (NBS) in its memorandum
dated January 14, 1971, that the char
acteristics described above are pertinent
to the applicant's intended use of the ar
ticle as a source for the preinjector of a

article, for such purposes as this article
is intended to be used, which is being
manufactured in the United States.

SETH. M. BODNER,
Director,
Office of Import Programs.

large particle accelerator. NBS further
advises that it knows of no comparable
domestic instrument that could be used
for the applicant's intended purposes.
The Department of Commerce knows
of no other instrument or apparatus of

peratures. The most closely comparable
domestic instruments are the soil heat

flux plates manufactured by Beckman
Whitley,
Incorporated
(Beckman
Whitley). To be used for the applicant's
measurements, the Beckman-Whitley

plates would either require temperature
compensation to be built in by the ap
plicant or the data would have to be
corrected point by point. In order to cor
rect the output, a separate measurement
of temperature would be required at the
position of the flux plate. We are advised
by the National Bureau of Standards
(NBS)

in

a

memorandum

dated

February 4, 1971 that the Small size and
temperature stability of the article are
pertinent to the applicant’s research
studies. NBS further advises that it
knows of no domestically available soil
heat flux plates that can provide the
pertinent features of the foreign article.
The Department of Commerce knows

of no other instrument or apparatus of
equivalent scientific value to the foreign
article, for such purposes as this article

is intended to be used, which is being
manufactured in the United States.

SETH. M. BoDNER,

Director, Office of Import Programs.
[FR Doc.71–14604 Filed 10–5–71;8:46 am]

[FR Doc.71–14603 Filed 10–5–71;8:46 am]

UNIVERSITY OF NEBRASKA

AIDM. ENERGY COMMISSION

Notice of Decision on Application for

[Dockets Nos. 50–398, 50–399)

Duty-Free Entry of Scientific Article

PACIFIC GAS AND ELECTRIC CO.

equivalent scientific value to the foreign
article, for such purposes as this article
is intended to be used, which is being
manufactured in the United States.

The following is a decision on an appli
cation for duty-free entry of a scientific

article pursuant to section 6(c) of the
SETH. M. BoDNER,
Director,
Office of Import Programs.

Educational, Scientific, and Cultural Ma
terials Importation Act of 1966 (Public
Law 89–651, 80 Stat. 897) and the regu

IFR Doc.71–14602 Filed 10–5–71;8:46 am]

lations

issued

thereunder

as

amended

Notice of Receipt of Application for
Construction Permits and Facility
Licenses; Time for Submission of
Views on Antitrust Mcifter

Pacific Gas and Electric Co., 77 Beale
Street, San Francisco, CA 94106, pursu

article pursuant to Section 6(c) of the
Educational, Scientific, and Cultural Ma
terials Importation Act of 1966 (Public
Law 89–651, 80 Stat. 897) and the regu
lations issued thereunder as amended (34
F.R. 15787 et seq.).
A copy of the record pertaining to this

(34 F.R. 15787 et seq.).
A copy of the record pertaining to this
decision is available for public review
during Ordinary business hours of the
Department of Commerce, at the Office
of Import Programs, Department of
Commerce, Washington, D.C.
Docket, Number: 71–0.0193–98–75000.
Applicant: University of Nebraska, Lin
coln, Nebr. 68503. Article: Two each soil
heat flux plates. Manufacturer: Middle
ton & Co., Pty., Ltd., Australia. Intended
use of article: The article will be used in
a research program related to study of
energy transfer at the earth's surface.

decision is available for public review

The flow of thermal energy into and out

signed for initial operation at approxi

during ordinary business hours of the

Of soil will be measured.
Comments: No comments have been

mately 3,323 megawatts (thermal) with

received with respect to this application.
Decision: Application approved. No
instrument or apparatus of equivalent
scientific value to the foreign article, for

1,168 megawatts.
Any person who wishes to have his

views on the antitrust aspects of the ap
plication presented to the Attorney Gen

such purposes as this article is intended

eral for consideration shall submit such

to be used, is being manufactured in the

Views to the Commission within 60 days
after September 22, 1971.

UNIVERSITY OF ILLINOIS

Notice of Decision on Application for
Dury-Free Entry of Scientific Article
The following is a decision on an appli
cation for duty-free entry of a scientific

Department of Commerce, at the Office
of Import Programs, Department
Commerce, Washington, D.C.

of

Docket No. 71–00248–91–28600. Appli
cant: University of Illinois, Office of
Business Affairs, Chicago Circle, Post Of
fice Box 4348, Chicago, IL 60680. Article:
SIRIGOR Gas-exchange chamber. Man

ufacturer: Siemens A.G., West Germany.

United States.
Reasons: The foreign article is a small

Intended use of article: The article Will

unit (1%" x 1%, ’’ x 346”). The smaller

be used for research on many species of
plants having wide geographic ranges

the unit the smaller the disturbance in

the normal heat flux being measured. In

ant to section 103 of the Atomic Energy
Act of 1954, as amended, has filed an ap
plication dated August 19, 1971, for au

thorization to construct and operate two
single-cycle, forced circulation, boiling
water nuclear reactors on a 409-acre site

located on the Pacific Ocean, adjacent
to the city of Point Arena in Mendocino
County, Calif. The proposed site is lo
cated midway between San Francisco
and Eureka.

The proposed facilities are designated
by the applicant as the Mendocino Power
Plant Units 1 and 2. Each reactor is de

a gross electrical output of approximately

A copy of the application is available

for public inspection at the Commission's
Public Document Room, 1717 H Street
NW., Washington, DC 20545, and at the

FEDERAL REGISTER, vol. 36, No. 194—wed NESDAY, october 6, 1971

19452

NOTICES

Public Information Office in the Com

mission's San Francisco Office at 2111
Bancroft Way, Berkeley, CA 94704. A
copy has also been sent to the Men
docino County Library, 108 West Clay
Street, Ukiah, CA 95482.
Dated at Bethesda, Md., this 14th day
of September 1971.

CIVIL AERONAUTIES BOARD
[Docket No. 22700; Order 71–10–1]

AIR WISCONSIN INC. AND VIKING

INTERNATIONAL AIRFREIGHT, INC.
Order Denying Application

carrier. There is what amounts to an
irrebuttable presumption that the user
has knowledge of the existence of the
tariff and of the fact that its provisions
are binding upon both user and carrier.
This presumption in turn is predicated
upon the provisions of the Act which re
quire air carriers to file tariffs and pro
vide for adherence thereto. In the case

For the Atomic Energy Commission.
FRANK SCHROEDER,
Deputy Director,
Division of Reactor Licensing.
[FR Doc.71–13793 Filed 9–21–71;8:45 am]
[Docket No. 50–397)
WASHINGTON PUBLIC POWER
SUPPLY SYSTEM

Notice of Receipt of Application for
Construction Permit and Facility Li
cense; Time for Submission of
Views on Antitrus? Mdffers
Washington Public Power Supply Sys
tem, 130 Vista Way, Kennewick, WA

993.36, pursuant to section 103 of the
Atomic Energy Act of 1954, as amended,
has filed an application dated August 10,

Adopted by the Civil Aeronautics
Board at its office in Washington, D.C.,
on the 1st day of October 1971.
On October 30, 1970, Air Wisconsin
Inc. (Air Wisconsin), an air-taxi Opera
tor, filed an application for a 3-year
waiver from the tariff-filing exemption
granted to air-taxi operators in Part 298
of the Board's Economic Regulations.
Viking International Airfreight, Inc.
(Viking), joined in the petition of Air
Wisconsin by a filing of December 9,

of air-taxi operators, the Board has
found that it would be an und le burden
upon that class of carrier to require the

filing of tariffs, and the Board's regula
tions accordingly exempt air-taxi opera
tors from the tariff filing requirements.

While an exemption is generally permis
sive, the Board has never permitted air
taxi operators to file tariffs on the theory
that the public cannot be regarded as
having notice of a tariff that is not re

quired to be filed. Accordingly, NATC's
1970. A motion for leave to file an an

swer, and an answer in Support of the
application, were filed by the National
Air Transportation Conferences, Inc.
(NATC), on behalf of 27 individual
members of NATC. In addition, approx
imately 40 letters, primarily from ship
pers, have been received in support of
the application.

position that air-taxi operators have the
discretionary right to file rates and rules

tariffs under the present regulations
must be rejected.
The foregoing considerations also re

quire that we deny the requested
“waiver” of the tariff filing exemption
for Air Wisconsin and Viking. In our

The applicants seek the waiver so that

judgment, a policy of permitting some

carriers to file tariffs while exempting the
class as a whole would inevitably mislead

is 3 miles from the Columbia River, is
about 12 miles north of the city of Rich
land, Wash., and is approximately 21
miles northwest of Kennewick and 18

they may file local freight tariffs, includ
ing governing rules and regulations and
rates and charges, for airfreight services.
In support thereof, Air Wisconsin states
that increased protection will be afforded
to both the carrier and shippers, and
Viking asserts that stability in the in
dustry will be fostered by tariff filings
on the part of the air-taxi Operators.
NATC takes the position that air-taxi
operators have the discretionary right to

miles northwest of Pasco.

file rates and rules tariffs and addition

The proposed nuclear reactor, desig
nated by the applicant as Hanford No. 2,

ally to comply with section 403 of the

1971, for authorization to construct and
operate a single-cycle, forced circula
tion, boiling water nuclear reactor On a
site leased from the U.S. Atomic Energy
Commission and located within the Com
mission's Hanford reservation in Benton

County, Wash. The proposed site, which

is designed for operation at approxi
mately 3,323 megawatts (thermal) with
a net electrical output of approximately
1,110 megawatts.

Any person who wishes to have his
views on the antitrust aspects of the ap

plication presented to the Attorney Gen
eral for consideration shall submit such
views to the Commission within 60 dayS
after September 22, 1971.

Federal Aviation Act of 1958 and Part 221

of the Board's Economic Regulations.
Although the air-taxi industry as a whole
is not ready to assume the burden of fil
ing tariffs, NATC believes the proposal
here is a step in the right direction in
terms of aiding future development.
NATC also states that tariff filings would
provide limitations on the carriers' lia
bility and the protection afforded under
sections 403 and 404 of the Act to shippers

utilizing the presently exempted air-taxi

sion's Public Document Room, 1717 H
Street NW., Washington, DC, and a copy

Operators.
Upon consideration of all relevant
matters, the Board has determined to
deny the application. In Our judgment,
considerations of fundamental tariff

has been sent to the Richland Public

policy preclude the filing of tariffs on the

Library, Swift and Northgate Streets,

voluntary basis proposed. As a matter of
law, the tariff establishes the charges,
terms, and conditions of the transporta
tion offered by the carrier. As such, the
tariff overrides any inconsistent private
understandings that may exist as be
tween the user of the Service and the air

A copy of the application is available
for public inspection at the Commis

Richland, WA 99.352.

Dated at Bethesda, Md., this 13th day
of September 1971.

For the Atomic Energy Commission.
FRANK SCHROEDER,
Deputy Director,
Division of Reactor Licensing.
[FR Doc.71–13792 Filed 9–21–71;8:45 am]

the public. A user dealing with the car

riers should have the right to rely upon
the Board's published regulations which
do not currently provide for the filing of
tariffs by air taxi operators except in two
respects not material here. Any modifi
cation of these provisions should affect

the entire class of carrier, or a distinct
subclassification. On the basis of the fil

ings before us, it does not appear that the
imposition of tariff filing requirements
On the air taxi or air commuter industries
would be warranted. Under these circum
stances, the Board believes it would not

be in the public interest to provide ad hoc
tariff filing authority to those carriers
who believe it would be in their own busi

ness interests to make such filings while
permitting the rest of the class to avoid

the burden. In this connection, we note
that the tariff filing requirements are

essentially designed to protect the public
interest and not the corporate interests
of the air carriers. If a tariff filing re
quirement is in the public interest, the
determination as to whether or not to
file such tariff should not be at the elec
tion of the carrier.

Accordingly, pursuant to the Federal

Aviation Act of 1958, as amended, and
particularly sections 204(a) and 416
thereof: It is ordered, That:
1. The applications of Air Wisconsin

Inc. and Viking International Airfreight,
Inc. in Docket 22700 are hereby denied.
2. The motion of the National Air

1 NATC states that at present exposure to
unlimited liability exists by virtue of the
application of common-law standards.

Transportation Conferences, Inc., to file
an answer herein is granted.

FEDERAL REGISTER, VOL. 36, NO. 194–WEDNESDAY, OCTOBER 6, 1971

19453

NOTICES

3. A copy of this order will be served
upon Air Wisconsin Inc., Viking Inter

Office of Accounting and Finance, Di

sions of the Federal Insecticide, Fungi

vision of Finance and Statistics, Federal

national Airfreight, Inc., and National
Air Transportation Conferences, Inc.

Power Commission, Washington, D.C.
The finding is self-canceling when the

cide, and Rodenticide Act (7 U.S.C. 135
et seq.) (FIFRA). Of particular concern
in this process are pesticides which are
persistent and cause or can cause con

position is filled.
This order will be published in the
FEDERAL REGISTER.

By the Civil Aeronautics Board.
[SEALl
HARRY J. ZINK,

Assuming other legal requirements are
met, an appointee to this position may
be paid for the cost of travel and trans
portation to first post of duty.
UNITED STATES CIVIL SERV

Secretary.
[FR Doc.71–14642 Filed 10–5–71;8:48 am]
[SEALl

ICE COMMISSION,
JAMES C. SPRY,
Eacecutive Assistant to
the Com?missioners.

[Docket No. 23424]
BRITISH OVERSEAS AIR CHARTER LTD.

[FR Doc.71–14626 Filed 10–5–71;8:45 am]

Notice of Postponement of Hearing

tamination of the environment and dam

age to various life forms within it.
Chlordane and heptachlor are two such
pesticides.
Notice is hereby given that this Agency
is initiating an extensive review as to
the registrations of products containing
chlordane and heptachlor. The function
of this review is to identify which, if any,
of the presently registered products con
taining chlordane and heptachlor pres–
ent substantial questions of safety that
should trigger the administrative process
of cancellation.

Notice is hereby given, pursuant to the
provisions of the Federal Aviation Act of
1958, as amended, that the public hear

ENVIRONMENIAL PROTECTION

ing in the above-entitled matter now

AGENEW

use-by-use basis. Although all registered
uses are being considered, areas of par

N3,N3-DIETHYL
2,4-DINITRO-6-TRI
FLUOROMETHYL-1,3-PHENYLENE

ticular concern include the following
uses: (1) Soil insect control; (2) house
hold insect control; (3) termite control;

assigned to be held on October 6, 1971, is
hereby postponed to December 8, 1971,
at 10 a.m. (local time) in Room 503, Uni
Versal Building, 1825 Connecticut Ave
nue NW., Washington, DC, before the
undersigned Examiner.

DIAMINE

This review is being conducted on a

(4) foliage insect control; and (5) lawn
management.

Notice of Establishment of Temporary
Tolerance

This notice is to afford interested per
sons an opportunity within 60 days of

Dated at Washington, D.C., Septem

ber 30, 1971.
JAMES S. KEITH,
Hearing Eataminer.

[SEALl

[FR Doc.71–14640 Filed 10–5–71;8:48 am]

[Docket No. 22937]

EASTERN AIR LINES, INC.

Notice of Postponement of Procedural
Dates and Prehearing Conference
Application of Eastern Air Lines, Inc.,

for amendment of its certificate of public
Convenience and necessity for route 6 so

as to delete Akron-Canton, Ohio.
Upon request of Eastern Air Lines, Inc.,
Consented to by all other parties, notice
is hereby given that the prehearing con
ference in the above-entitled proceeding
now assigned to be held on October 12,
1971, is postponed to October 26, 1971, at
10 a.m. (local time) in Room 805, Uni
Versal Building, 1825 Connecticut Ave
nue NW., Washington, DC, before the
undersigned Examiner.

Statements

of proposed issues and

requests for evidence will be due on

October 15, 1971.

U.S. Borax Research Corp., 412 Cres
cent Way, Anaheim, CA 92801, submitted
a petition requesting a temporary toler
ance for residues of the herbicide N',N'diethyl 2,4 - dinitro-6-trifluoromethyl
1,3-phenylenediamine in or an the raw
agricultural commodities cottonseed and
soybeans at 0.05 part per million.

publication to submit their views on uses
of chlordane and heptachlor compounds
subject to registration under the FIFRA.
This refers to uses for which notices of
cancellation or registration have not
been issued. When preparing and sub

mitting views or comments, the follow

It has been determined that a tem

ing items should be in the submission:
(1) Use pattern, i.e., crops or articles

porary tolerance of 0.05 part per million

treated, formulations, and rates of ap

for residues of the herbicide in or on
cottonseed and soybeans is safe and will
protect the public health. It is therefore
established on condition that the herbi
cide be used in accordance with the tem
porary permit which is being issued con
currently by the Environmental Pro
tection Agency and which provides for

plication; (2) data in relation to environ
mental contamination or other hazards

of use; (3) the pest control achieved, in
cluding expected damage without the use
of chlordane or heptachlor compounds,
and (4)

substitutes that are available

with comments on the safety and effec
tiveness of use.

On July 31, 1970, the U.S. Department
of Agriculture, Agricultural Research
Service, published a notice requesting the
submission of views with respect to uses
of certain pesticide chemicals, including
visions of the Federal Food, Drug, and chlordane and heptachlor (35 F.R.
Cosmetic Act (sec. 408(j), 68 Stat. 516; 12293). The notice requested comments
On the need for these chemicals in order
21 U.S.C. 346a (j), the authority trans
ferred to the Administrator (35 F.R. to determine if certain uses were essen
tial and if there were effective and safe
15623), and the authority delegated by
substitutes. Since the publication of this
the Administrator to the Deputy Assist
ant Administrator for Pesticides Pro notice and the submission of views, re

distribution under the U.S. Borax Re

search Corp. name.
This
temporary tolerance
expires
September 29, 1972.
This section is taken pursuant to pro

Sponsibility for the administration of

Dated at Washington, D.C., Septem
ber 30, 1971.

grams of the Environmental Protection
Agency (36 F.R. 9038).

the FIFRA has been transferred to this
Agency. Views and comments submitted

[SEALI

JOHN E. FAULK,
Hearing Eacaminer.

IFR Doc.71–14641 Filed 10–5–71;8:48 am]

Dated: September 29, 1971.
WILLIAM M. UPHOLT,
Deputy Assistant Administrator
for Pesticides Programs.

to the U.S. Department of Agriculture in
connection with the July 31, 1970, notice
are available to this Agency and will be
considered in connection with the review

being conducted by this Agency. There
[FR Doc.71–14595 Filed 10–5–71;8:45 am]

|WIL SERVICE COMMISSION

fore, information submitted to the U.S.

Department of Agriculture in response

FINANCIAL ANALYST, FEDERAL

PESTICIDES CONTAINING

POWER COMMISSION

CHLORDANE AND HEPTACHLOR

Manpower Shortage; Notice of Listing

Request for Submission of Views With
Respect to Uses

Under the provisions of 5 U.S.C. 5723,
the Civil Service Commission found a
manpower shortage for the single posi
tion of Financial Analyst, GS-1160–14,

This Agency has the responsibility for
the continuous review of all registered

economic poisons pursuant to the provi

to the July 31, 1970, notice need not be
resubmitted to this Agency.
It is emphasized that the primary pur
pose of the review presently being con
ducted by this Agency is not to determine
essentiality of use of these pesticides
but, rather, to determine if use of any
of the presently registered products pre
sent substantial questions of safety.

FEDERAL REGISTER, VOL. 36, NO. 194–WEDNESDAY, OCTOBER 6, 1971

1945.4

NOTICES

If any use raises a substantial question
of safety, notices of cancellation will be
issued with respect to such products to
initiate the administrative process of
cancellation. A cancellation of registra
tion becomes effective 30 days following
receipt of the notice unless the statutory
process of review is initiated by the
registrant.
All persons who desire to submit writ
ten data, views, or arguments in con
nection with this matter should file the
same in triplicate with the Deputy As
sistant Administrator for Pesticides Pro
granS,

Environmental

Certificate
No.
Owner/Operator and vessels
02416--- Boland & Cornelius, Inc.:

Certificate
No.
04:198---

Owner/Operator and vessels
Megaron Shipping, Ltd.:

Adam E. Cornelius.

04:247---

Kellys Lumber Yard, Ltd.:

Detroit Edison.
John J. Boland.

04363---

Ship Channel Management, Ltd.:

04436---

Island Cement.
Barge Rentals, Inc.
BRI-8.

05010---

Mt. Vernon Barge Cleaning, Inc.:

05184---

Universal Services, Inc.:

H Lee White.

Ergon.
Betty K IV.

William A. Reiss.
Richard J. Reiss.

John T. Hutchinson.

BRI-7.

Charles C. West.
Diamond Alkali.

MVBC–1.

Raymond H. Reiss.
Consumers Power.

4802.

Joseph S. Young.
05:244---

George D. Goble.

Protection

Nicolet.
Ben W. Calvin.

Agency, Washington, D.C. 20460, within
60 days after the date of publication of

Weser.
Tiko I.

J. F. Schoellkopf.

Erich Ollenhauer.

Chicago Trader.
Fred A. Manske.
John A. Kling.

this notice in the FEDERAL REGISTER.
Please make reference in any submission
to “F.R. Chlordane and Heptachlor
Notice.”

Seefahrt.

05471---

Belcher Oil Co.:
Belcher Port Manatee No. 23.

05573__-

Companhia de Navegacao Carreg

05574---

adores Acoreanos S. A. R. L.
Ribeira Grande."
Williams Drilling Co.
Williams Rig No. 2.
Williams Rig No. 3.

United States Gypsum.
Peter Reiss.

Harrisºn. Snyder.
Dated: September 29, 1971.

John P. Reiss.
Hennepin.

WILLIAM M. UPHOLT,

Jack Wirt.

Deputy Assistant Administrator
for Pesticides Programs, Office
of Pesticides Programs.

[FR Doc.71–14620 Filed 10–5–71;8:47 am]
0.2418-- -

FEDERAL MARITIME COMMISSION
CERTIFICATES OF FINANCIAL
RESPONSIBILITY (OIL POLLUTION)

U.S. Steel Corp.:

02554---

Hughes No. 534.
Hall Line, Ltd.:

02712_ _ _

City of Glasgow.
Tarpon Towing, Inc.:

ing vessel owners and/or operators have
established evidence of financial respon

sibility, with respect to the vessels indi
cated, as required by section 11(p) (1)
of the Federal Water Pollution Control
Act, as amended, and, accordingly, have
02836---

sion Certificates of Financial Responsi
bility (Oil Pollution) pursuant to Part

Williams Rig No. 7.
Williams Rig No. 8.
Williams Rig No. 9.

Vessels held for purposes of con
struction, scrapping or sale, but
not including vessels over 10,000
gross tons.
05704---

Healy Tibbitts Construction Co.:
H.T. No. 3.
H.T. No. 5.
H.T. No. 6.

Dagestan.
Dashava.

Donskoy.
Dneprodzerzhinsk.

H.T. No. 7.

Dedovsk.

H.T. No. 9.
H.T. No. 43.
Pt. Orient.
Pt. Bonita.

Dudinka.

Scindia

Dobropolje.
Dorogobuzh.
Ob.

Steam

Navigation

Co.

Zarechensk.
05792_ _ _

Harbor Towing Corp.:

No.

0.2990---

Owner/Operator and vessels

0.1039---

Dennorske Amerikalinje A/S:
Lyngenfjord.

0.1361.---

Transportacion

Maritima

03.162---

Mexi

cana S.A.:

03321---

Merida.

0.1465–1–
02001---

Scottish Ship Management, Ltd.:
Cape Hawke.
Rederiaktiebolaget Transatlantic:

03456.--03648---

02147---

W. A. Weber.
Mathiasen's Tanker

Bereederungs

Union Pacific Shipping Co., Inc

05845–--

Golden Crown.
Shinto Kaiun K.K.:
Shinto Maru.

05935---

Anaqua Corp. of Panama:

06028---

Fulmen Compania Naviera S.A.:

06034---

Sincere Industrial Corp.:

Anaqua.
Fulmen.
Sincere No. 3.

Sincere No. 2.
Sincere No. 1.

06045---

Floating Plant No. 12.

Conditioning Barge.

City of Saginaw No. 31.

Flota Mercante Grancolombiana
0.3836---

0.2210_ _ _

Ciudad de Manizales.
Ciudad de Manta.
Ciudad de Medellin.
American Mail Line, Ltd.:

Washington Mail.
Oriental Shipping Corp.:

03980__-

02330 - -

S.A.:

03887___

Pere Marquette No. 22.
Pere Marquette No. 21.
Pere Marquette No. 10.
Splosna Plovba:
Logatec.
West Transportation Co., Inc.:

Work Rig.
Plant No. 3.
06067 ---

Pacific Offshore Navigation, Ltd.:

06118---

Marcaminos Atlanticos Navegacion

Samarinda.

SA:

Naxos Island.

IBS29.

Moran Towing & Transportation

06162.---

Doro-Schiffahrtsgesellschaft mbH

04126---

Jugoslavenska

Interocean Shipping Co. S.A. Pan
arna .

Co., Inc.:

Anna B.

M. Moran.

Asia Gold.

Tsen Hsing.
Southern Materials Co.:

Floating Plant No. 18.

City of Midland No. 41.

0.2209---

& Co. K.G.:
Mondo.

05818---

The Chesapeake and Ohio Railway

Carfloat No. 2.
S.S. Badger No. 43.
S.S. Spartan No. 42.

G.m.b.H.:
Atlantic Clipper.

0.2415- - -

Co.

Carfloat No. 3.

Industries,

Inc.:

Sohio Intrepid.
Seetransport - Und

Navishipper.
Saint Constantine Maritime
Monrovia, Liberia:
St. Constantine.
Marunouchi Kisen K.K.:
Miyazaki Maru.
K.K. Maruni Shokai:

Carfloat No. 5.
Carfloat No. 4.

Sestriere.

Pittston Marine Corp.:

02:161---

Tota Shipping Co. S.A.:

Co.:

02:146---

Fisheries Co.,

No. 3 Chilbosan.
No. 1 Chilbosan.
No. 2 Chilbosan.

Shohaku Maru.

Cortina.

Zvenigorod.
Korea Wonwang
Ltd.:

Central.

Certificate

Murmansk Steamship Co.:
Dimitrovo.

Ltd.:
Jalamohan.
02891---

542 of Title 46 CFR.

Williams Rig No. 5.
Williams Rig No. 6.

TC–9.

02721---

Ing:

Williams Rig No. 11.
M–05688– Southern Scrap Material Co., Ltd.:

02496---

Notice is hereby given that the follow

been issued Federal Maritime Commis

J. L. Reiss.
Joe S. Morrow.
Otto M. Reiss.
W. E. Fitzgerrald.
Mckee Sons.
Sidermar S.P.A.:
Vela.
Pleiades.

Notice of Certificates issued

Hanseatische Hochseefischere! Ak
tiengesellschaft:

Linijska

Plovidba

Rijeka:
Bakar.

1 Termination date: October 23, 1971.

FEDERAL REGISTER, vol. 36, No. 194–WEDNESDAY, OCTOBER 6, 1971

1945.5

NOTICES

as respondent. The U.S. Supreme Court,

Certificate
No.

06164---

owner/Operator and vessels
Dr. August Oetker Schiffahrts-und

No.

06292---

Beteiligungsgesellschaft mbH:
06295---

Columbus America.
Columbus Australia.
06167---

06297---

Barge.
Barge.
Barge.

Astir Reederei G.m.b.H. & Co. KG.;
Aegis Bravery.

Oswego Tarmac.
Carl O. McNab:
Rotha Lynn.

06225---

Stapp Towing Co. Inc.:

FRANCIS C. HURNEY,
Secretary.

[FR Doc.71–14665 Filed 10–5–71;8:49 am]
[Docket No. 71–69)

Lisa.

Colleen.

BUREAU OF INDIAN AFFAIRS

06231---

Omala Shipping Co. S.A.:

06233.---

Niki.
Kabushiki Kaisha Nikko:
Nikko Maru No. 15.

06234---

Kokusai Gyogyo Kabushiki Kai

Denial of Exemption
Pursuant to section 35 of the Shipping

Sha:

Act, 1916, on July 12, 1971, the Commis
sion filed a notice of proposed rule mak

Anyo Maru.
Eretrian Shipping Co., Inc., Mon
rovia:

06236---

Delian Apollon.
Samian Shipping Co., Inc., Mon

ing to exempt the Bureau of Indian
Affairs (BIA), when acting as operator of
the vessel North Star III (North Star),
in the Alaskan trade, from the filing re

quirements of section 2 of the Inter

rovia:

Delian Leto.
06237---

Cardamylian Shipping Co., Inc.,

06238---

Delian Spirit.
Euboean Shipping Co., Inc., Mon

coastal Shipping Act, 1933, and section
18(a) of the Shipping Act, 1916 (Ship

Monrovia:

ping Acts). In response to this notice
rovia:

-

Santa Anna.
06239---

Cycladic Shipping Co., Inc., Mon
rovia:

Santa Fotini.
06240---

Kalimnian

Shipping

Co.,

Inc.,

Monrovia:

of proposed rule making, five comments
were received, of which only one did not
oppose the exemption (that of Sea-Land
Service, Inc.). Hearing Counsel would
also grant the exemption.
The BIA, an agency under the Super
vision of the Secretary of the Interior

" (43 U.S.C.A. sec. 1457), owns and oper

Delphic Miracle.
06247---

Armatrice Santa Cristina S.P.A.:
Santa Rosalia.

06249---

Carnation Shipping Co. S.A.:

06250---

Valmont Shipping Co.:

Carnation.
Valmont.

06251---

Denizcilik Anonim Sirketi:

ates the North Star. The BIA transports

general cargo on the North Star with
preference given the cargo of BIA, be
tween Seattle, Wash., and stations of the
BIA and other government agencies in
Alaska. Although the main user of the
service is the BIA itself, BIA officials in

Ata.

dicate that the service may be used by
anyone. The BIA publishes four tariffs,

06255---

Investment Finance Trust, Ltd.:

06256---

Ancla Maritima S.A.:
John Lyras.

although none is filed with the FMC,
setting forth rates and regulations ap

06259---

Simfonia Compania Naviera S.A.:

plicable to government agencies, non

Ocean Trader.

Simfonia.

government
06263---

Alco

Shipping

S.A.

Corp.

Elpana

Shipping

S.A.

Co.

of

06267---

Persa Lydia.
Pyxis Compania Naviera S.A.:
Byzantine Monarch.
Athelsceptre Tankers Co., Ltd.:

06268---

Anco Sceptre.
Agelef Compania

06269---

Paul & Helen Suchko tya S & P

Naviera

S.A.:

Fronisis.

Towing, Inc.:
Walker 23.
SP 241.

06274---

Fotis C. Georgopoulis:

06275---

Eastern Freedom Shipping Co.:

06.277---

Compania Elarb S.A. Panama:
Panky.
Century Transportation Corp.:

Nissos Skyros.
Pacprincess.

06280---

York.
06281---

Virgo Shipping Co.:
World Honour.

06282---

Avondale Shipyards, Inc.:
Avon, Sr.
No. 5.

lighterage

and

longshoring rates, and terminal and re
lated activities performed by BIA at its

Panama:

06265---

cargo,

of

Panama:
Notis.
06264---

public good, as for the advancement of reli
gion and justice, or to prevent injury and
wrong, the king is bound by such act, though
not particularly named therein; * * *

By the Commission.

Beaufort Sea Explorer.
Enterprise Shipping Corp. S.A.:

06211---

06235---

in addressing itself to the issue of sover
eign exemption from statutes, said in
“U.S. v. Herron,” 87 U.S. 251, 255 (1853) :
Where an act of Parliament is made for the

S.A.:
Halekulani.

Kaps Transport, Ltd.:
Barge.

06:185---

Owner/Operator and vessels
K.S./A.S. Explorer Co.:
Lindblad Explorer.
Australian Tankships (Panama)

Seattle terminal.

The North Star has been held to be
a common carrier in two court decisions,
“Alaska Native Industries Cooperative
Assoc. v. U.S.,” 206 F.Supp. 767, 771
(W.D. Wash. 1962); and “U.S. v. Briggs
Manufacturing Co.,” Civil No. 7224, de
cided December 12, 1969 (W.D. Wash.).
The BIA claims it is not subject to the

There can be no question that the filing
requirements found in the Shipping Acts
for the purpose of preventing unjust dis
crimination against shippers are acts
made for the public good or to prevent
injury and wrong, and thus bind the
sovereign.
The standards for the granting of an

exemption, as contained in section 35, are
that such exemption will not: (1) Sub
stantially impair effective regulation by
the FMC; (2) be unjustly discriminatory;
or (3) be detrimental to commerce.

Hearing Counsel, in urging that the

exemption be granted, claim that with re
spect to the above criteria, the BLA when

operating the North Star has not been
regulated by this Commission in the
past. The Commission has never received
a shipper's protest against BIA's rates
and/or practices, and although North
land Marine Lines, Inc. has questioned in
Writing the lawfulness of BIA’s “com
mercial” operation, it did not allege that
it had in any way been damaged by BIA's
failure to file a tariff. Hearing Counsel
conclude that, based upon a study of the
operations of the North Star, it appears
that lack of FMC regulatory surveillance
has not adversely affected the public in
terest. Hearing Counsel view the opera
tions of the North Star as insignificant
“in the overall design of regulation con

templated by the Act.” Moreover, the BIA
does have on file at its offices in Seattle,

Wash., and Juneau, Alaska, with copies
in Washington, D.C., its tariffs which it
is required to establish and which Hear
ing Counsel claim satisfy the purpose of
filing a tariff, i.e., the prevention of un

just discrimination against shippers.
Sea-Land Service, Inc., while not op
posed to the proposed exemption, sug
gests that if one be granted, the scope

of the North Star operation be indicated.
Foss Alaska Line, Inc., B & R. Tug and
Barge, Inc., Northland Marine Lines, Inc.,
and Eggleston Towing Co., Inc. (herein
after respondents) all object vigorously
to the proposed exemption.
B & R. Tug claims that it is in direct
competitive service with BIA to several

native villages, and that to exempt the
BIA from its filing requirements would

filing requirements of the Shipping Acts

be a discriminatory act against B & R.

since, according to the Bureau, a Fed
eral agency is not considered within the
purview of a statute unless the intention
to include is clearly manifest.
Notwithstanding the lack of a clearly

since it is required to file tariffs. The
filing requirement for BIA, it is argued, is
not a great inconvenience nor a costly
burden and the exemption should not be
granted.
Foss Alaska Line also claims that it is
in direct competitive service with BIA to
several areas, and takes the position that

manifest intent to include the sovereign
within the purview of the Shipping Acts,
this Commission has, in fact, exercised
jurisdiction over the United States, as in
Docket No. 66–42, “In the Matter of the

Carriage of Military Cargo,” 10 F.M.C.

no carrier operations, whether by a gov
ernment or private carrier, should be
exempt from the filing requirements

69 (1966), where the Department of De
fense, acting as a shipper, was named

where there are one or more other car
riers serving the same areas pursuant to

FEDERAL REGISTER, VOL. 36, NO. 194–WEDNESDAY, OCTOBER 6, 1971
no. 194–Pt. I-4

NOTICES

19456

to rates is freely available to shippers. Al
though it is true that the tolls are published
by the Ferry System and that the Ferry
System is subject to some extent to regula
tion by the State of Alaska, the Commission
believes that a filing by the Ferry System
here will provide needed protection for com
petitive commercial carriers and users of the
Ferry. [at 3]

sion of Agreement No. T-2188, as
amended, on its present terms and con
ditions subject to cancellation upon
notice by the parties to the Commission.
To permit the functioning of Agree

extended as requested by the parties.

because it fails to meet the requirements
of section 35 for such an exemption, viz,

In the above proceeding, there were
no objections to the proposed exemp
tions. In the instant proceeding, there
are four vigorous protests to the pro

that it not substantially impair effective
regulation by the Commission, that it not
be unjustly discriminatory and that it not

on the contention that the protection
given to competitive commercial carriers

publicly filed tariffs. Only through the
public filing requirements can the car
riers who are required to have tariffs on
file know what rates they must meet to

remain competitive. Foss has no objec
tion to an exemption limited to those
areas where there are no other competing
carriers.

Northland and Eggleston, in a joint
comment, oppose the proposed exemption

posed exemption, all of which are based

be detrimental to commerce.
North Star claims that a substantial

and shippers by the filing requirements of
the Acts is not only necessary but in the

part of its operations is in direct com
petition with Northland and Eggleston.
Thus, it is argued, to exempt one com
peting carrier from tariff filing require

public interest as well. Notwithstanding

ments under these circumstances would

impair effective regulation by the Com
mission, would be unjustly discrimina
tory and would have a detrimental ef
fect on commerce in the Alaska trade.

Respondents refer to FMC Docket No.
68–33, in which the Commission refused
to exempt the State of Alaska Ferry
System from the statutory tariff filing
requirements with respect to nonpaS
senger commercial property.
Hearing Counsel, in answering the op

ment No. T-2188, as amended, and to
prevent a strike, it is essential that the
effective period of the agreement be
Since no change in the competitive
impact of Agreement No. T-2188, as
amended, would be created by extending
that agreement, we believe that the
public interest requires that the request
for an extension be granted forthwith.
It is ordered, That Agreement No.

at its offices, it is our conclusion that a

T–2188, as amended, be and is hereby
extended for an indefinite period on its
present terms and conditions subject to
cancellation upon notice by the parties

filing with the FMC with its concomitant

to the Commission.

regulatory effect is required.
In conclusion, we find that the pro
posed exemption would constitute more
of a burden on the competitive carriers
and shippers than any possible burden on
BIA which a filing requirement would
impose. Therefore, for the foregoing
reasons, we conclude that the proposed

It is further ordered, That a copy of
this order shall be published in the

the fact that the BIA publishes its tariffs

FEDERAL REGISTER.

By the Commission, September 30,
1971.

FRANCIS C. HURNEY,
Secretary.
[FR Doc.71–14662 Filed 10–5–71;8:49 am]

exemption should not be granted and
further that BIA be required to file its
tariffs with the Commission.

Therefore, it is ordered, That the ex

ponents of the exemption, argue that

emption of the Bureau of Indian Affairs

the exemption would not relieve the BIA
of establishing a tariff open for public
inspection since the publication and in
spection requirements of BIA as defined
in 25 CFR 254.2 would remain unchanged.
The requirement is that a tariff be pub
lished and filed at BIA offices as set out
above. The opponents, however, point
out that if any “private carrier” advanced
such an argument in support of the
special relief requested, not only would
such relief be denied, but the carrier

from the filing requirements of the Ship
ping Acts be denied.
It is further ordered, That the Bureau
of Indian Affairs file its tariffs with the
Commission forthwith.

By the Commission.
[SEALl

FEDERAL POWER COMMISSION
[Docket No. CP72–8]
COLUMBIA LNG CORP.

Order Granting Interventions, and
Fixing Dates for Submission of
Direct Case and Formal Hearing

FRANCIS C. HURNEY,
Secretary.

SEPTEMBER 28, 1971.

On July 12, 1971, Columbia LNG Corp.
[FR Doc.71–14664 Filed 10–5–71;8:49 am)

(Columbia LNG) filed in Docket No.
CP72–8 an application pursuant to sec
tion 7 (c) of the Natural Gas Act for a
certificate of public convenience and ne

would be fined and referred to the De

[Agreement T-2188, as amended]

partment of Justice for prosecution.
Finally, those opposing the exemption

CERTAIN HAWAIIAN STEVEDORING

cessity authorizing the sale and delivery

point out that failure to comply with

COMPANIES

section 2 of the 1933 Act inso facto ex
empts the BIA from the Commission's

Order Extending Expiration Date

Of gas to Columbia Gas Transmission
Corp. (Columbia). Columbia LNG states
that it will purchase light hydrocarbon

Agreement No. T-2188, as amended,

liquids

regulatory powers under section 3 of that
Act. Similarly, the 1916 Act provides for
enforcement of only those rates filed.
Thus, immunity from tariff filing require

between certain

ments carries with it immunity from

Longshoremen's and Warehousemen's
Union (ILWU), provides for a method by

meaningful regulation. Respondents con
clude that if it is in the public interest
to require regulation of the respondent
carriers transporting cargo to Alaska,
then it is just as much in the public
interest to regulate the level of rates
established by the BIA.
The Commission concludes that the

proposed exemption should be denied,
since it would not be in the public in
terest nor in accordance with the re

quirements of section 35.
In Docket No. 68–33, supra, the Com
mission, refusing to exempt the noncom
mercial operations of the State of Alaska
Ferry System from the tariff filing re
quirements, said:
Tariffs must be filed for these commercial
services so that the information with respect

1 Eremption—State of Alaska Ferry System,
final rules served September 23, 1968.

Hawaiian stevedoring

companies (employers) who are employ
ers of members of the International

which the employers allocate between
themselves the responsibility for and

collection of necessary funds required
under the Workforce Stabilization and
Utilization Fund Agreement negotiated
between the employers and the ILWU.

About June 28, 1971, the employers of
the ILWU, faced with the possibility of

a strike, negotiated an extension of their
labor agreements and requested an
extension of Agreement No. T-2188, as
amended, until September 30, 1971, in

from

Dome

Petroleum

Corp.

(Dome), a Canadian corporation, which
will deliver the liquids to Columbia LNG
at its reforming plant to be constructed
at Green Springs, Ohio. Columbia LNG

proposes to process the liquids into pipe
line quality gas for which it seeks author

ization to sell and deliver, to Columbia,
the equivalent of 250,000 Mcf per day, at
an estimated initial rate of $1.1287 per
Mcf.

Petitions seeking leave to intervene in

these proceedings were timely filed by the
Algonquin Gas Transmission Co., Hum
ble Oil and Refining Co., New York State
Electric and Gas Corp., Pacific Gas and
Electric Co. (P.G. & E.), Penn Fuel Gas,
Inc., The Cincinnati Gas and Electric

The Commission granted this exten
sion by order dated June 30, 1971.

Co., jointly
and Power
Light Co.,
Line Corp.,

Because of the prolonged West Coast
longshoremen's strike and because the
employers of the ILWU have not been

1 P.G. & E. withdrew its Protest, Motion for
Dismissal and in the Alternative Petition

anticipation of a settlement prior to that
date.

able to negotiate a new labor agreement,

they have requested an indefinite exten

with the Union Light, Heat
Co., the Dayton Power and
Transcontinental Gas Pipe
and Washington Gas Light

* * * for Leave to Intervene by notice filed
September 13, 1971.

FEDERAL REGISTER, Vol. 36, No. 194–WEDNESDAY, OCTOBER

6,

1971

19457

NOTICES

Co. A petition to intervene was filed late
by UGI Corp.

the Commission that they or any of them

implemented by § 157.7(e) of the regu

might be aggrieved by any order or orders

Notices of intervention were timely

entered in these proceedings.
(B) Applicant's direct case inclusive
of the matter discussed on page 2, shall
be filed and served on all parties on or
before October 22, 1971.
(C) A formal hearing shall be con
vened in these proceedings entitled Co
lumbia LNG Corp., Docket No. CP72–8,
in a hearing room of the Federal Power

lations under said Act, for permission
and approval to abandon, during the
calendar year 1972, certain natural gas

filed by the city of Cincinnati, the Public
Service Commission of the State of New

York, and the Public Utilities Commis
sion of Ohio.
A notice of intervention was filed late
by The People of the State of California
and the Public Utilities Commission of
the State of California (California). Co
lumbia LNG Corp. has answered Califor
nia's notice, requesting dismissal thereof.
We consider that California's participa
tion is appropriate in the interest of

developing

a

full

record

in

Commission, 441 G Street NW., Wash
ington, DC on November 9, 1971, at 10
a.m., e.s.t. The Chief Examiner Will desig
nate an appropriate officer of the Com

these

mission to preside at the formal hearing

Neither Columbia LNG nor any person

of these matters, pursuant to the Com
mission's rules of practice and procedure.

proceedings.”
whose intervention is herein granted has

for deliveries to Applicant's customers,

all as more fully set forth in the applica
tion which is on file with the Commission

and open to public inspection.
Applicant states that the purpose of
this budget-type application is to aug

ment its ability to act wih reasonable
dispatch in abandoning service and re
moving direct sales measuring, regulat
ing and related
minor facilities.
Applicant states that it will not aban
don any service under this requested au
thorization

unless

it

has

received

a

written request, or written permission

specifically requested that a formal hear

By the Commission.

ing be convened in these proceedings. In
our opinion, however, the novel legal and

[SEALI

from

KENNETH F. PLUMB,
Secretary.

factual issues presented by Columbia
LNG’s application make a formal hearing
mandatory. The extent of Commission
jurisdiction over the proposed reforming
plant, as well as over feedstock, its im

direct sales facilities no longer required

[FR Doc.71–14606 Filed 10–5–71;8:46 am]

the

customer to terminate

the

Service.

Any person desiring to be heard or to
make any protest with reference to said
application should on or before October
20, 1971, file with the Federal Power

[Project 1218]

Commission, Washington, D.C. 20426, a
petition to intervene or a protest in ac

portation and transportation, remains

GEORGIA POWER CO.

unsettled. The Commission's responsi
bility with respect to environmental is
Sues raised by the construction and
operation of the reforming plant and
feedstock pipeline is also unclear. Simi

Notice of Issuance of Annual License

cordance with the requirements of the
Commission's rules of practice and pro
cedure (18 CFR 1.8 or 1.10) and the

larly, factual issues concerning, for ex
ample, the long term availability and
cost of feedstock, cost impact and rate
treatment of proposed gas sales require
investigation. These, and other issues
which may become apparent as the pro
Ceedings progress, can, in our opinion, be
properly resolved only upon consideration
of a full evidentiary record.
Columbia LNG's application in Docket
No. CP72–8 seeks a certificate of public
convenience and necessity only for the
Sale of gas from its proposed Green
Springs reforming plant. In order to

avoid the necessity of further proceedings
should it be determined that certification

of the construction and operation of the
reforming plant is also required under
section 7 of the Act, the applicant will
present as part of its direct case testi

mony and evidence that would support
such certification if indeed the plant
were found to be subject to the jurisdic

SEPTEMBER 27, 1971.
On February 26, 1970, Georgia Power
Co., Licensee for Flint River Project No.
1218 located on Flint River in Dougherty
and Lee Counties, Ga., near the city of
Albany, filed an application for a new
license under section 15 of the Federal

Power Act and Commission regulations
thereunder (§§ 16.1–16.6).
The license for Project No. 1218 was
issued effective January 1, 1933, for a
period ending September 16, 1971. In
order to authorize the continued opera
tion of the project pursuant to section 15
of the Act pending completion of li
censee's application and Commission
action thereon, it is appropriate and in
the public interest to issue an annual
license to Georgia Power Co. for con
tinued operation and maintenance of
Project No. 1218.
Take notice that an annual license is
issued to Georgia Power Co. (Licensee)
under section 15 of the Federal Power

Act for the period September 17, 1971

tion of the Commission.
The Commission finds: (1) It is de

to September 16, 1972, or until Federal
takeover, or the issuance of a new license

sirable to allow the above-named peti
tioners to intervene in these proceedings.
(2) It is necessary and appropriate

for the project, whichever comes first,

that the proceedings in the above-named
application be set for hearing.
The COmmission orders: (A) Each of
the above-named petitioners and State
Commissions is permitted to intervene in

for the continued operation and mainte

nance of the Flint River Project No. 1218,
subject to the terms and conditions of
its license.

KENNETH F. PLUMB,

regulations under the Natural Gas Act
(18 CFR 157.10). All protests filed with
the Commission will be considered by
it in determining the appropriate action
to be taken but will not serve to make

the protestants parties to the proceed
ing. Any person wishing to become a
party to a proceeding or to participate as
a party in any hearing therein must file
a petition to intervene in accordance
with the Commission’s rules.
Take further notice that, pursuant to

the authority contained in and subject
to the jurisdiction conferred upon the
Federal Power Commission by sections
7 and 15 of the Natural Gas Act and the

Commission's rules of practice and pro
cedure, a hearing will be held without
further notice before the Commission on

this application if no petition to inter
vene is filed Within the time required

herein, if the Commission on its own
review of the matter finds that permis
sion and approval for the proposed
abandonment are required by the public
convenience and necessity. If a petition

for leave to intervene is timely filed, or
if the Commission on its own motion be
lieves that a formal hearing is required,
further notice of such hearing will be
duly given.
Under the procedure herein provided

for, unless otherwise advised, it will be
unnecessary for Applicant to appear or

Secretary.

be represented at the hearing.
IFR Doc.71–14607 Filed 10–5–71;8:46 am]

these proceedings subject to the rules

KENNETH. F. PLUMB,
Secretary.

and regulations of the Commission: Pro

vided, however, That the participation

[Docket No. CP72–65)

[FR Doc.71–14608 Filed 10–5–71;8:46 am]

of such intervenors shall be limited to

matters affecting asserted rights and in
terests specifically set forth in the peti
tions to intervene: And provided, further,
That the admission of such intervenors

shall not be construed as recognition by
* On September 20, 1971, The People of the
State of California and the Public Utilities
Commission of the State of California filed a
notice of Withdrawal of intervention.

LONE STAR GAS CO.

Notice of Application

[Docket No. RP72–42]

SEPTEMBER 28, 1971.
Take notice that on September 16,
1971, Lone Star Gas Company (Appli
cant), 301 South Harwood Street, Dallas,
TX 75201, filed in Docket No. CP72–65
a budget-type application pursuant to
section 7(b) of the Natural Gas Act, as

NORTH PENN GAS CO.

Notice of Proposed Changes in Rates
cºnd Charges
SEPTEMBER 28, 1971.
Take notice that North Penn Gas Co.

(North Penn), on September 17, 1971,

FEDERAL REGISTER, vol. 36, No. 194—wed NESDAY, october 6, 1971

NOTICES

19458
tendered for filing proposed changes in
its FPC Gas Tariff, First Revised Volume

No. 1, to become effective on October 20,
1971. The proposed rate changes would
increase charges for jurisdictional sales

by 0.493 cents per Mcf, based on volumes
for the 12-month period ended August 31,
1971. The proposed increase would be
applicable to North Penn's jurisdictional
rate schedules, G–1 and P-1.
North Penn states that the reason for

the proposed rate increase is an increase
in its cost of purchased gas resulting
from rate filings of its suppliers Con

solidated Gas Supply Corp. in Docket No.
RP71–126

and

Transcontinental

Gas

tain natural gas facilities to enable Ap
plicant to take into its pipeline system
supplies of natural gas which will be pur
chased from producers in the general
area of its existing system, all as more
fully set forth in the application which
is on file with the Commission and open
to public inspection.
Applicant states that the purpose of
this budget-type application is to aug
ment its ability to act with reasonable
dispatch in contracting for and connect
ing supplies of natural gas to its pipe
line system. The total cost of the facili
ties proposed herein is not to exceed
$6,800,000, with no single project cost

Pipeline Corp. in Docket No. RP71–31.
North Penn requests a waiver of the re
quirements of section 154.22 of the Com
mission's regulations under the Natural

ing in excess of $1 million. Applicant

Gas Act should the effective date of its

Any person desiring to be heard or

filing be postponed beyond the 60-day
maximum notice period provided in that
filing, due to operation of Executive
Order No. 11615, issued August 15, 1971.
Copies of the filing were served on
North Penn's customers and interested
State Commissions.

Any person desiring to be heard or to
make any protest with reference to said
application should on or before Octo
ber 13, 1971, file with the Federal Power
Commission, Washington, D.C. 20426,
petitions to intervene or protests in ac
cordance with the requirements of the
Commission's rules of practice and pro
cedure (18 CFR 1.8 or 1.10). All pro
tests filed with the Commission will be

considered by it in determining the ap
propriate action to be taken but will not
serve to make protestants parties to the
proceeding. Persons wishing to become
parties to a proceeding or to participate
as a party in any hearing therein must
file petitions to intervene in accordance
with the Commission's rules. The appli
cation is on file with the Commission and
available for public inspection.

Any order or orders issued in this pro
ceeding shall be subject to the Commis
sion's Statement of Policy Implementing
the Economic Stabilization Act of 1970
(Public Law 91–379, 84 Stat. 799, as
amended by Public Law 92–15, 85 Stat.
38) and Executive Order No. 11615, in

states that these costs will be financed
initially from funds generated by normal
Operations.
to make any protest with reference to

said application should on or before

3(a)(3) of the Bank Holding Company
Act of 1956 (12 U.S.C. 1842(a)(3) ), by

Missouri Bancshares, Inc., which is a
bank holding company located in Kansas
City, Mo., for prior approval by the
Board of Governors of the acquisition by
Applicant of 80 percent or more of the
voting shares of the Bank of Jacomo,
Blue Springs, Mo.
Section 3 (c) of the Act provides that

the Board shall not approve:
(1) Any acquisition or merger or con
Solidation under Section 3 which would

result in a monopoly, or which would be
in furtherance of any combination or

conspiracy to monopolize or to attempt
to monopolize the business of banking in
any part of the United States, or
(2) Any other proposed acquisition or
merger or consolidation under Section 3

whose effect in any section of the country
may be substantially to lessen competi
tion, or to tend to create a monopoly, or

October 20, 1971, file with the Federal
Power Commission, Washington, D.C.
20426, a petition to intervene or a pro
test in accordance with the requirements
of the Commission's rules of practice and

which in any other manner would be in
restraint of trade, unless the Board finds
that the anticompetitive effects of the

procedure (18 CFR 1.8 or 1.10) and the
regulations under the Natural Gas Act

probable effect of the transaction in
meeting the convenience and needs of the
community to be served.
Section 3 (c) further provides that, in
every case, the Board shall take into con

(18 CFR 157.10). All protests filed with
the Commission will be considered by it

in determining the appropriate action
to be taken but will not serve to make

proposed transaction are clearly out
weighed in the public interest by the

the protestants parties to the proceed
ing. Any person wishing to become a
party to a proceeding or to participate
as a party in any hearing therein must
file a petition to intervene in accord

sideration the financial and managerial
resources and future prospects of the

ance with the Commission's rules.
Take further notice that, pursuant to

needs of the community to be served.
Not later than thirty (30) days after

the authority contained in and subject to
the jurisdiction conferred upon the Fed

the publication of this notice in the FED
ERAL REGISTER, comments and views re

eral Power Commission by sections 7 and
15 of the Natural Gas Act and the Com
mission's rules of practice and procedure,

a hearing will be held without further

garding the proposed acquisition may be
filed with the Board. Communications
should be addressed to the Secretary,

notice before the Commission on this

Board of Governors of the Federal Re

application if no petition to intervene is

serve System, Washington, D.C. 20551.
The application may be inspected at the

filed within the time required herein,
if the Commission on its own review of
the matter finds that a grant of the
certificate is required by the public Con

venience and necessity. If a petition for
leave to intervene is timely filed, or if
the Commission on its own motion be

cluding such amendments as the Com

Company or companies and the banks
concerned, and the convenience and

office of the Board of Governors or the

Federal Reserve Bank of Kansas City.
Board of Governors of the Federal Re

serve System, September 29, 1971.
TYNAN SMITH,
Secretary of the Board.

[SEAL)

lieves that a formal hearing is required,
further notice of such hearing will be

mission may require.
KENNETH F. PLUMB,
Secretary.
[FR Doc.71–14609 Filed 10–5–71;8:46 am)

[FR Doc.71–14596 Filed 10–5–71;8:45am)

duly given.

Under the procedure herein provided
for, unless otherwise advised, it will be
unnecessary for Applicant to appear or

be represented at the hearing.

[Docket No. CP72–67]
TRANSWESTERN PIPELINE CO.

Notice of Application

KENNETH F. PLUMB,
Secretary.

1971, Transwestern Pipeline Co. (Appli

FEDERAL RESERVE SYSTEM
MISSOURI BANCSHARES, INC.

izing the construction, during the cal
endar year 1972, and operation of cer

PANEl

(COAL MINE HEALTH AND

SAFETY)

cant), Southern National Bank Building,
Houston, Texas 77002, filed in Docket No.
CP72–67 an application pursuant to sec
tion 7 (c) of the Natural Gas Act, as im
tions under said Act, for a certificate of
public convenience and necessity author

COMPLIANCE

[FR Doc.71–14610 Filed 10–5–71;8:46 am]

SEPTEMBER 28, 1971.
Take notice that on September 17,

plemented by § 157.7 (b) of the regula

|NTERIM

Notice of Application for Approval of
Acquisition of Shares of Bank
SEPTEMBER 29, 1971.
Notice is hereby given that applica

tion has been made, pursuant to section

APPLICATION FOR RENEWAL PERMIT

Notice of Opportunity for Public
Hearing
Application for Renewal Permit for

Noncompliance with the Electric Face
Equipment Standard specified in the
Federal Coal Mine Health and Safety
Act of 1969 has been received as follows:

FEDERAL REGISTER, vol. 36, No. 194–WEDNESDAY, OCTOBER 6, 1971

NOTICES
ICP Docket No. 3045 000, HAZEL DELL COAL
CORP., USBM ID NO. 11 00567 0, New
Windsor, Mercer County, Ill., ICP Permit
No. 3045 003 (Joy Loading Machine, Ser.
No. 6612).

19459

APPLICATIONS FOR RENEWAL
PERMITS

Notice of Opportunity for Public
Hearing

• In accordance with the provisions of
section 305(a) (7) of the Federal Coal

as otherwise directed.

Applications for Renewal Permits for
Mine Health and Safety Act of 1969 (83 Noncompliance with the Electric Face
Stat. 742, et seq., Public Law 91-173), Equipment Standard specified in the
notice is hereby given that requests for Federal Coal Mine Health and Safety
public hearing as to an application for Act of 1969 have been received as follows:
renewal may be filed within 15 days after ICP Docket No. 3063 000, PEERLESS EAGLE
COAL CO., Mine No. 1, USBM ID NO. 46
publication of this notice. Requests for
0.1476 0, Summersville, Nicholas County,
public hearing must be completed in ac
cordance With 30 CFR Part 505 (35 F.R.

11296, July 15, 1970), copies of which may
be obtained from the panel on request.

2. I appoint Michael Cooper a con
tracting officer with full authority as set
forth in paragraph 1, above, to act and
fulfill said functions during the absence
or nonavailability of Harry J. Tarut and

W. Va., ICP Permit No. 3063 017 (Kersey
Mine Tractor, Ser. No. 6013), ICP Permit

3. This redelegation is effective as of
the date hereof and shall continue until

further notice. The authority herein con
ferred may not be redelegated.
BRADFORD MILLS,
President.
SEPTEMBER 28, 1971.
[FR Doc.71–14637 Filed 10–5–71;8:48 am]

No. 3063 018 (Kersey Mine Tractor, Ser.
No. 6761).

Copies of renewal applications are
available for inspection and requests for

public hearing may be filed in the office
of the Correspondence Control Officer,
Interim Compliance Panel, Eighth Floor,
1730 K Street NW., Washington DC
20006.

GEORGE A. HoRNBECK,
Chairman,

Interim Compliance Panel.

In accordance with the provisions of
Section 305(a) (7) of the Federal Coal
Mine Health and Safety Act of 1969 (83

SECURITIES AND EXCHANGE
EDMMISSION

Stat. 742, et seq., Public Law 91–173),
[File No. 500–1)

notice is hereby given that requests for
public hearing as to an application for

NORTH AMERICAN RESOURCES

renewal may be filed within 15 days after
publication of this notice. Requests for
public hearing must be completed in ac

Order Suspending Trading

CORP.

Cordance With 30 CFR Part 505 (35 F.R.
SEPTEMBER 30, 1971.

11296, July 15, 1970), copies of which may

[FR Doc.71–14615 FIled 10–5–71;8:47 am]

APPLICATIONS FOR RENEWAL
PERMITS

Notice of Opportunify for Public
Hearing
Applications for Renewal Permits for
Noncompliance with the Electric Face
Equipment Standard specified in the
Federal Coal Mine Health and Safety
Act of 1969 have been received as follows:

be obtained from the panel on request.
Copies of renewal applications are
available for inspection and requests for

public hearing may be filed in the office
of the Correspondence Control Officer,
Interim Compliance Panel, Eighth Floor,
1730 K Street NW., Washington, DC
20006.

GEORGE A. HORNBECK,
Chairman,
Interim Compliance Pamel.

(c) (5) of the Securities Exchange Act of
OCTOBER 1, 1971.
[FR Doc.17–14616 Filed 10–5–71;8:47 am]

ICP Docket No. 3080 000, IMPERIAL SMOKE

1934, that trading in such securities
otherwise than on a national securities

exchange be summarily suspended, this
order to be effective for the period Sep
tember 30, 1971, through October 9, 1971.

LESS COAL CO., Quinwood No. 7 Mine,

USBM ID NO. 46 01474 0, Leivasy, Nicholas
County, W. Va., ICP Permit No. 3080 005
(Joy Loader, Ser. No. 9414) ICP Permit No.
3080 010 (Joy Cutting Machine, Ser. No.
17674).

SEPTEMBER 30, 1971.
It appearing to the Securities and Ex
change Commission that the summary
suspension of trading in the common
stock of North American Resources Corp.
(a Delaware corporation), and all other
securities of North American Resources
Corp. being traded otherwise than on a
national securities exchange is required
in the public interest and for the pro
tection of investors;
It is ordered, Pursuant to section 15

[WERSEAS PRIVATE INVESTMENT
[[]RPORATION

By the Commission.
RoNALD F. HUNT,
Secretary.

[SEALl

In accordance with the provisions of
Section 305(a) (7) of the Federal Coal

CONTRACTING OFFICERS

[FR Doc. 71–14618 Filed 10–5–71;8:47 am]

Mine Health and Safety Act of 1969 (83
Redelegation of Authority
Stat. 742 et seq., Public Law 91–173),
notice is hereby given that requests for
Redelegation of authority from the
public hearing as to an application for President, Overseas Private Investment
renewal may be filed within 15 days after Corp., regarding exercise of the author
publication of this notice. Requests for ity of a contracting officer pursuant to
public hearing must be completed in ac title III of the Federal Property and
COrdance With 30 CFR Part 505 (35 F.R.

Administrative Services Act

11296, July 15, 1970), copies of which may
be obtained from the Panel on request.
Copies of renewal applications are
available for inspection and requests for
public hearing may be filed in the office

secs. 251, et seq.) and the Federal Pro
curement Regulations (Title 41, Code of
Federal Regulations).
1. Pursuant to the authority delegated
to me by the Board of Directors of the
Overseas
Private
Investment
Corp.

of the Correspondence Control Officer,
Interim Compliance Panel, 8th Floor,
1730 K Street NW., Washington, DC
20006.

-

GEORGE A. HoRNBEck,
Chairman,
Interim Compliance Panel.
SEPTEMBER 29, 1971.
IFR Doc.71–14617 Filed 10–5–71;8:47 am]

SMALL BUSINESS
ADMINISTRATION
[License No. 09/12–5155]

(41 U.S.C.

OPPORTUNITY CAPITAL

CORPORATION OF CALIFORNIA

Notice of Issuance of License To Op
erate as Minority Enterprise Small
Business Investment Company

through its duly adopted Bylaws, I hereby
appoint Harry J. Tarut a Contracting
Officer and redelegate to him authority
to enter into and administer contracts

pursuant to title III of the Federal Prop
erty and Administrative Services Act (41

U.S.C. secs. 251, et seq.) and the Federal
Procurement Regulations (Title 41, Code
of Federal Regulations) and make re

On July 23, 1971, a notice was pub
lished in the FEDERAL REGISTER (36 F.R.

13712) stating that Opportunity Capital
Corporation of California, 101 Howard
Street, San Francisco, CA 94105, had

filed an application with the Small Busi
ness Administration, pursuant to § 107.102 of the SBA rules and regulations
governing

lated determinations and findings.

FEDERAL REGISTER, Vol. 36, No. 194—wed NESDAY, october 6, 1971

small

business

investment

19460

NOTICES

companies (13 CFR 107.102 (1971) ) for
a license to operate as a minority enter
prise small business investment company

1. To contract for supplies, materials
and equipment, printing, transportation,

communications, Space, and special serv

(MESBIC) .

ices for the agency.

Interested parties were given to the
close of business August 7, 1971, to sub

and services pursuant to Delegation of

2. To enter into contracts for supplies

mit their Written comments to SBA.

Authority 410, dated March 26, 1962 (27

Notice is hereby given that, having
considered the application and all other

F.R. 3017), from the Administrator of
the General Services Administration to

pertinent information, SBA has issued

the heads of executive agencies.
II. The authority delegated herein may

License No. 09/12–5155 to Opportunity
Capital Corp. of California, pursuant to
Section 301 (c) of the Small Business In
vestment Act of 1958, as amended.
Dated: September 24, 1971.

be redelegated.
III. All authority delegated herein
may be exercised by any Small Business
Administration employee designated as

Acting
A. H. SINGER,
Associate Administrator for
Operations and Investment.

Manager,

Hurricane

Celia

disaster.

Effective date: July 1, 1971.
JULIO G. PEREz,
Disaster Coordinator for

[FR Doc.71–14657 Filed 10–5–71;8:50 am)

Hurricane Celia Disaster.

[License No. 02/02–5290)
[FR Doc.71–14659 Filed 10–5–71;8:50 am]

CAPITAL FORMATION MESBIC, INC.
Notice of Issuance of License To Op
erate as Minority Enterprise Small
Business Investment Company
On July 22, 1971, a notice was pub

IARIFF [[MMISSION
[TEA-W-114]

WORKERS' PETITION FOR DETERMI

lished in the FEDERAL REGISTER (36 F.R.

13644) stating that Capital Formation
MESBIC, Inc., 5 Beekman Street, New
York, NY 10038, had filed an application
with the Small Business Administration,

pursuant to § 107.102 of the SBA rules
and regulations governing small business
investment companies (13 CFR 107.102
(1971) ) for a license to Operate as a
minority enterprise small business in
vestment company (MESBIC).
Interested parties were given to the
close of business August 6, 1971, to sub
mit their written comments to SBA.
Notice is hereby given that, having
considered the application and all other

pertinent information, SBA has issued
License No. 02/02–5290 to Capital For

mation MESBIC, Inc., pursuant to sec
tion 301 (c) of the Small Business Invest
ment Act of 1958, as amended.
Dated: September 24, 1971.
A. H. SINGER,
Associate Administrator for
Operations and Investment.
[FR Doc. 71–14658 Filed 10–5–71;8:50 am)

[Delegation of Authority No. 4.3–A–1
for Disaster No. 783)

MANAGER, DISASTER BRANCH

NATION OF ELIGIBILITY TO APPLY

FOR ADJUSTMENT ASSISTANCE

Notice of Investigation
On the basis of a petition filed under
Section 301 (a) (2) of the Trade Expan
sion Act of 1962, on behalf of the workers

of the Seymour Shoes, Inc., 151 Essex

[TEA-W-115]

WORKERS' PETITION FOR DETERMI
NATION OF ELIGIBILITY TO APPLY
FOR ADJUSTMENT ASSISTANCE

Notice of Investigation
On the basis of a petition filed under
section 301 (a) (2) of the Trade Expan
sion Act of 1962, on behalf-of the former
workers of the Childersburg Alabama
plant of Beaunit Fibers, Division of
Beaunit Corporation, Childersburg, Ala.,
the U.S. Tariff Commission, on Septem
ber 30, 1971, instituted an investigation
under section 301 (c) (2) of the act to
determine whether, as a result in major
part of concessions granted under trade
agreements, articles like or directly com
petitive with the viscose rayon yarns
wholly Of continuous fibers produced at
the plant are being imported into the
United States in such increased quanti
ties as to cause, or threaten to cause, the
unemployment or underemployment of a
significant number or proportion of the
workers of such plant.

The petitioner has not requested a
public hearing. A hearing will be held on
request of any other party showing a
proper interest in the subject matter of
the investigation, provided such request
is filed within 10 days after publication
Of the notice in the FEDERAL REGISTER.
The petition filed in this case is avail
able for inspection at the Office of the

Secretary, U.S. Tariff Commission, 8th
and E Streets NW., Washington, DC, and
at the New York City Office of the Tariff

Street, Haverhill, MA 01830, the U.S.
Commission located in Room 437 of the

Tariff Commission, on September 30,
1971, instituted an investigation under

Customhouse.

section 301 (c) (2) of the act to determine

Issued: October 1, 1971.

whether, as a result in major part of

By order of the Commission.

concessions granted under trade agree
ments, articles like or directly competi
tive with the women's dress shoes

[SEALl

produced by the company are being im
ported into the United States in such

[FR Doc.71–14629 Filed 10–5–71;8:45 am]

increased quantities as to cause, or
threaten to cause, the unemployment or
underemployment of a significant num
ber or proportion of workers of Such
COmpany.

KENNETH. R. MASON,
Secretary.

INTERSIATE COMMERCE
CDMMISSION

The petitioner has not requested a

[Notice 79]

public hearing. A hearing will be held on
request of any other party showing a
proper interest in the subject matter
of the investigation, provided such re
quest is filed within 10 days after pub

MOTOR CARRIER APPLICATIONS AND

lication of
REGISTER.

The following publications are gov
erned by the new Special Rule 247 of the
Commission's rules of practice, published

the

notice in

the

FEDERAL

CERTAIN OTHER PROCEEDINGS
OCTOBER 1, 1971.

OFFICE, CORPUS CHRISTI, TEX.

The petition filed in this case is avail
able for inspection at the Office of the

in the FEDERAL REGISTER, issue of De

Delegation of Authority Regarding

Secretary, U.S. Tariff Commission, 8th

Hurricane Celia Disaster

and E Streets NW., Washington, DC, and

cember 3, 1963, which became effective
January 1, 1964.

I. Pursuant to the authority delegated

to the Disaster Coordinator by Delega

at the New York City Office of the Tariff

The publications hereinafter set forth

Commission located in Room 437 of the
Customhouse.

reflect the Scope of the applications as
filed by applicant, and may include de

tion of Authority No. 4.3—A (36 F.R.

18915), there is hereby redelegated to

Issued: October 1, 1971.

the Manager, Disaster

By order of the Commission.

Branch Office,

Corpus Christi, Tex., for the Hurricane
Celia disaster, the following authority:
A. Administrative Services (for pur
poses of Hurricane Celia. Only).

[SEALl

KENNETH. R. MASON,
Secretary.

[FR Doc.71–14628 Filed 10–5–71;8:45 am]

scriptions, restrictions, or limitations
which are not in a form acceptable to
the Commission. Authority which ulti
mately may be granted as a result of the
applications here noticed will not neces

sarily reflect the phraseology set forth
in the application as filed, but also will

FEDERAL REGISTER, VOL. 36, No. 194–WEDNESDAY, OCTOBER 6, 1971

NOTICES

eliminate any restrictions which are not
acceptable to the Commission.

19461.

explosives, whisky and liquids in bulk,
moving to or from points south of Louis
ville; and (3) of general commodities, ex

MOTOR CARRIERS OF PROPERTY

No. MC 114087 (Sub-No. 12) (republi
cation), filed February 5, 1971, published

cept those of unusual value, classes A and
B explosives, whisky, and liquids in

in the FEDERAL REGISTER issue of April 1,

bulk, over a regular service route between
Louisville, Ky., and Nashville, Tenn.,

1971, and republished this issue. Appli

serving

Cant: DECATUR PETROLEUM HAUL
ERS, INC., 161 First Avenue NE., Deca

Temple Hill, Mount Herman, Mud Lick,
and Thompkinsville, Ky.
Additionally, the lead certificate pro
vides for alternate route authority for
the transportation of general commod
ities, with the usual exceptions, (1) be
tween Louisville, Ky., and Harriman,
Tenn., for Operating convenience only in
connection with carrier's regular-route
operations authorized hereinabove, Serv
ing no intermediate point and serving
Harriman for purpose of joinder only,
(2) between Harriman, Tenn., and junc
tion unnumbered highway (formerly
U.S. Highway 27) and U.S. Highway 70,
5 miles south of Harriman, for operating
convenience only in connection with car
rier's regular-route operations author
ized hereinabove, serving no intermediate
points and serving Harriman and junc
tion unnumbered highway (formerly U.S.
Highway 27) and U.S. Highway 70 for
purpose of joinder only, and (3) between
Knoxville, Tenn., and Florence, Ky., for
operating convenience only in connec
tion with carrier's regular-route opera
tions authorized above, serving no inter

tur, AL. Applicant's representative: D. H.
Markstein, Jr., 512 Massey Building,
Birmingham, Ala. 35203. A Supplemental
Order of the Commission, Operating
Rights Board dated August 27, 1971, and
served September 20, 1971, grants au

thority to applicant to operate in inter
state or foreign commerce, as a contract

carrier by motor vehicle, over irregular
routes, of (1) asphalt, in bulk, in tank
vehicles, from Birmingham, Ala., to
points in Georgia, Mississippi, (2) fuel
oil, in bulk, in tank vehicles, from Deca
tur, Ala., to the plantsite of U.S. Ply
wood-Champion
Papers,
Inc.,
near
Courtland, Ala., under contract with U.S.
Plywood-Champion Papers, Inc. That
since it is possible that other parties who
have relied upon the notice in the FED
ERAL REGISTER of the application as

originally published may have an interest
in and would be prejudiced by the lack
of proper notice of the grant of authority

without the requested limitation in our
findings herein, a notice of the authority
actually granted will be published in
the FEDERAL REGISTER and issuance of the

Certificate in this proceeding will be with
held for a period of 30 days from the
date of such publication, during which
period any proper party in interest may
file an appropriate petition for leave to
intervene in the proceeding setting forth
in detail the precise manner in which it
has been prejudiced.
NOTICE OF FILING OF PETITIONS

the

intermediate

points

of

the-road transportation expenses and
more productive vehicle Operation. Any
interested person or persons desiring to
participate and to be heard in the matter

may file an original and six copies of his
Written representations, views, or argu
ment in support of or against the peti
tion within 30 days from the date of this
publication in the FEDERAL REGISTER.
No. MC 39161 (Sub-No. 2) (Notice of
Filing of Petition for Clarification of
Authority Granted), filed September 17,
1971. Petitioner: CAP MOTOR LINES,
INC., 70–01 67th Place, Glendale, NY
11227. By petition filed September 17,
1971, petitioner states that it presently
holds authority in MC 39161 (Sub-No.
2), to transport electrical goods, equip
ment, and supplies, between New York,
N.Y., and Hoboken, N.J., on the one
hand, and, on the other, points in New
York and New Jersey within 50 miles
of New York, N.Y. Petitioner further
states that it is engaged in transporting
an electrically powered small automobile
for Aurora Plastics Corp., 44 Cherry Val
ley Road, West Hempstead, NY. Peti
tioner further states that in an informal

opinion it has been advised that it may
not transport the stated item under its
authority. By the instant petition, peti
tioner requests that its authority be clar
ified inasmuch as it believes the de
scribed item falls within its presently
mediate points and serving Knoxville, authorized commodity description, and
Tenn., for purpose of joinder only. The - that an order be issued stating “electri
cally powered” automobiles, regardless of
said alternate routes in (1) and (2)
size are commodities it is authorized to
above are restricted to traffic moving
transport. Any interested person desiring
between Louisville, Ky., and points north
thereof, on the one hand, and, on the to participate may file an original and
other, Chattanooga, Tenn., and points six copies of his written representations,
views, or argument in support of or
south thereof. The said alternate route in
(3) above is restricted to traffic moving against the petition within 30 days from
between Cincinnati, Ohio, and points the date of publication in the FEDERAL

north thereof, on the one hand, and, on

REGISTER.

the

other,

Chattanooga,

Tenn.,

and

and Richard R. Sigmon, 618 Perpetual

• By the instant petition, petitioner seeks

Building, Washington, D.C. 20004. Peti
tioner holds a Permit in No. MC–2900

removal of the said restrictions on its

No. MC 94.201 (Sub-No. 63) (Notice
of Filing of Petition for Clarification and
Modification of Authority), filed Au
gust 26, 1971. Petitioner: BOWMAN
TRANSPORTATION, INC., 1010 Stroud
Avenue, Gadsden, AL 35903. Petitioner's
representative: Maurice F. Bishop, 327
Frank Nelson Building, Birmingham,

No. MC–2900 (Notice of Filing of Peti
tions for Modification of Permit), both
filed August 20, 1971. Petitioner: RYDER
TRUCK LINES, INC., Jacksonville, Fla.
Petitioner's representatives: Roland Rice

points south thereof. By tacking its reg
ular-route authority at Nashville, peti
tioner operates between Knoxville, on
the one hand, and, Louisville and Cin
cinnati, on the other.

alternate route authority so that it may

Ala. 35203. Petitioner states it is a motor

authorizing the transportation, (1) of

transport the involved commodities (1)

general commodities, with the usual ex
ceptions, over a regular service route be

between the identified junction at U.S.
Highway 70, and Louisville, Ky., and (2)
between Knoxville and Florence, Ky., a

common carrier operating under and
pursuant to certificates issued by the

tween Nashville, Tenn., and Knoxville,
Tenn., serving the intermediate points

of Murfreesboro, Sparta, Kingston, Leb
anon, those between Sparta and Kings

point within the Cincinnati commercial

Zone; and thence to numerous points in
Ohio, Michigan, Indiana, Illinois, and

ton, and those between Nashville and

Lebanon without restriction; Woodbury,
Tenn., for delivery only, and McMinn
ville, Tenn., restricted to traffic moving
to or from points east of McMinnville;
and the off-route points of Madison,
Mount Juliet, the U.S. Rifle Range (near
Spencer, Tenn.), Cumberland, Home
steads, and Harriman, Tenn., without
restriction; (2) of general commodities,

Milwaukee, Wis., without restriction as
to the points between which the traffic
must move. Petitioner states that the
Circuity presently involved in the utili
Zation of its service routes between
Knoxville and numerous points in the

midwestern portion of the United States,

delivery of commodities other than ar

is the reason it desires removal of the
restrictions. It further states that trans
portation over the alternate routes with
Out restriction will permit a more direct
movement of traffic and eliminate the
necessity of tacking at Nashville. Peti
tioner feels that this will allow it to
achieve operating economies and effi

ticles of unusual value, classes A and B

ciencies through the reduction of over

except those rated lower than seventh
class, OVer a regular Service route be

tween Cincinnati, Ohio and Nashville,
Tenn., serving the intermediate point of
Louisville, Ky., restricted to pickup and

Commission under MC 94.201 and subs

thereunder, and petitions the Commis
sion for clarification and modification of
its Sub 63. Petitioner states that the au
thority here involved was issued and con
tained in the grandfather certificate
issued to Alabama Highway Express, Inc.,
in certificate MC 71516, which said cer
tificate, as issued, insofar as here perti
nent, authorized the transportation of:
General commodities, except classes A
and B explosives, household goods, as de
fined by the Commission, commodities

in bulk, and those requiring special
equipment. Between points in Alabama

within 65 miles of Birmingham, Ala., in
cluding Birmingham, on the one hand,
and, on the other, points in that part of
Illinois on and bounded by a line begin
ning at the Illinois-Indiana State line

and extending along U.S. Highway 36 to

FEDERAL REGISTER, Vol. 36, No. 194—wepNESDAY, october 6, 1971

19462

NOTICES

Springfield, Ill., thence along Illinois

miles of the described route: From Sheri

Highway 116 to Metamora, Ill., thence
along Illinois Highway 89 to junction
U.S. Highway 34, thence along U.S. High
way 34 to Chicago, Ill., thence along Lake
Michigan to the Illinois–Indiana State
line, and thence along the Illinois
Indiana State line to point of beginning.
Petitioner states that at the time of
issuance of the aforesaid authority, and

dan over U.S. Highway 87 to Acme, Wyo.,
thence over unnumbered highway to the
Wyoming-Montana State line, and
thence over unnumbered highways via

for years thereafter, U.S. Highway 34

in Montana within 150 miles thereof (ex
cept Jordan and Broadus, Mont., and all
points intermediate thereto located on
Montana Highway 22 and U.S. Highway
212, between Jordan and Broadus, Mont.,
other than Miles City, Mont.). General

traversed Aurora and Montgomery, Ill.,
and specifically that said U.S. Highway
34 went through Aurora and Mont
gomery, Ill., in 1937 which petitioner
states is confirmed by the State of Illi
nois, Division of Highways in letter and
maps attached to petition and marked as
appendices A and B. Petitioner avers
that since the highway route was
changed as set out in letter and map
attached, that its Sub No. 63 authority,
insofar as here pertinent, should be clari
fied

and modified to read

as follows:

“Between points in Alabama within 65
miles of Birmingham, Ala., including
Birmingham, on the one hand, and, on

the other, points in that part of Illinois
on and bounded by a line beginning at
the Illinois-Indiana State line and ex

tending along U.S. Highway 36 to
Springfield, Ill., thence along Illinois
Highway 29 to Peoria, Ill., thence along
Illinois Highway 116 to Metamora, Ill.,
thence along Illinois Highway 89 to junc
tion U.S. Highway 34, thence along U.S.
Highway 34 to junction of Illinois High

way 31, thence along Illinois Highway 31
junction U.S. Highway BR 30, thence
along U.S. Highway BR 30 to junction
Illinois Highway 65, thence along Illinois
Highway 65 to junction of junction of
U.S. Highway 34, thence along U.S. High
way 34 to Chicago, Ill., thence along Lake
Michigan on the Illinois–Indiana State
line and thence along the Illinois
Indiana State line to point of beginning.”
Petitioner avers that said modification

and clarification seeks no new or addi
tional authority but simply a redescrip
tion of its highway route since said high

way was changed and rerouted after
issuance of said certificate. Any inter
ested person desiring to participate may
file an original and six copies of his
written representation, views or argu
ment in support of or against the petition
within 30 days from the date of publica
tion in the FEDERAL REGISTER.
No. MC 103435 (Sub-No. 73) (Notice
of Filing of Petition for Modification
of Certificate, filed August 30, 1971.
Potitioner:

UNITED-BUCKINGHAM

FREIGHT LINES, INC., 5773 South
Prince Street, Littleton, CO 80120. Pe

titioner's representative: Robert P. Tyler,
Post Office Box 192, Littleton, CO 80120.
Petitioner states that it holds authority
in the above certificate No. MC 103435

Sub 73, issued December 17, 1956, as fol

lows: “Regular route: General commodi
ties, except those of unusual value, Class
A and B explosives, household goods as
defined by the Commission, commodities

in bulk, and those requiring special equip
ment, between Sheridan, Wyo., and
Birney, Mont., serving all intermediate
points, and all off-route points within 12

Decker, Mont.; to Birney and return over
the same route. Irregular routes: General
commodities, except classes A and B ex
plosives, between Miles City. Mont., on

the One hand, and, on the other, points

commodities, in collection and delivery
service, between points in Wibaux, Mont.
General commodities, including livestock,
between points in Montana and North
Dakota located within 50 miles of Wi
baux, Mont.” This petition is directed to

those portions of Sub 73 authorizing ir
regular route authority to transport gen
eral commodities, with certain excep
tions, between points in Montana and
North Dakota. Petitioner states it trans
ports a substantial amount of traffic to
points encompassed within this area and
feels it would be more practical and feasi
ble to continue service in this area over

file an original and six copies of his writ
ten representations, views, or argument
in support of or against the petition
within 30 days from the date of publica
tion in the FEDERAL REGISTER.

No. MC-124964 (Notice of Filing of
Petition for Modification of Permit), filed
September 15, 1971. Petitioner: JOSEPH
M. BOOTH, doing business as J. M.
BOOTH TFUCKING, Eustis, Fla. Peti
tioner's representative: George A. Olsen,

69 Tonnele Avenue, Jersey City, NJ 07306.
Petitioner holds authority in Permit No.
MC-124964 to transport, over irregular
routes, “such commodities as are dealt in

or used by chain grocery or department
stores, from Carlstadt and Paramus, N.J.,
and New York, N.Y., to points in Brow
ard, Dade, Hillsborough, Orange, and
Pinellas Counties, Fla.”, and “damaged,

defective, or returned shipments of the
Commodities described above” from the
same Florida points to the same New

York-New Jersey points, under contract
with Grand Union Co., of East Paterson,
N.J. In his Sub-No. 9 permit, petitioner
also holds authority to transport “such

regular routes rather than irregular

commodities as are dealt in or used by
chain grocery or department stores”,
from specified New Jersey-New York
points (including all of the New Jersey

routes.

points authorized in the lead permit, but

To provide a regular route service, peti
tioner suggests the rephrasing of its cer
tificate as follows: “Regular route: Gen
eral commodities, except those of un
usual value, class A and B explosives,
household goods as defined by the Com
mission, commodities in bulk, and those
requiring

special

equipment,

between

Sheridan, Wyo., and Birney, Mont., serv
ing all intermediate points, and all off
route points within 12 miles of the de
scribed route: From Sheridan over U.S.
Highway 87 to Acme, Wyo., thence over
unnumbered highway to the Wyoming
Montana State line, and thence over un
numbered highways via Decker, Mont.; to
Birney and return over the same route.

General commodities, between Dickinson,
N. Dak. and Sidney, Mont., serving the
intermediate points of Wibaux and
Glendive, Mont.: From Dickinson, N.

Dak. over Interstate Highway 94 to Glen
dive, Mont., thence over U.S. Highway

not including New York, N.Y.), to speci
fied points in Florida (including all of the
Florida points authorized in lead permit),
and simply “returned shipments of the
commodities described " " " above” from

the specified Florida points to the speci
fied New Jersey-New York points, under
contracts with Grand Union Co., of East
Paterson, N.J., and another named ship
per. By the instant petition, petitioner
seeks to delete the words “defective,
damaged and returned” from the above

described portion of his lead permit. Any
interested person or persons desiring to
participate and to be heard in the matter

may file an original and six copies of his
protest, written representations, views or
argument in Support of or against the
petition, within 30 days from the date of
this publication in the FEDERAL REGISTER.

No. MC 126458 (Notice of Filing of
Petition To Amend and Modify Permit),
filed

September

13,

1971.

Petitioner:

16 to Sidney, Mont., and return over the

ASCENZO & SONS, INC., 535 Brush

same route. Between Glendive, Mont.,

Avenue, Bronx, NY 10465. Petitioner's

and Miles City, Mont., serving no inter
mediate points: From Glendive, Mont.,

representative: Morton E. Kiel, 140 Cedar
Street, New York, NY 10006. By petition
filed as indicated above, petitioner states
it presently holds authority in Permit.
No. 126458 issued March 22, 1968, au
thorizing the transportation, over irregu

over U.S. Highway 10 to Miles City,
Mont., and return over the same route.
Irregular routes:
General commod

ities, except classes A and B explosives;
between Miles City, Mont., on the one
hand, and, on the other, points in Mon

lar routes, of: Iron and steel and iron and

Jordan and Broadus, Mont., and all
points intermediate thereto located on
Montana Highway 22 and U.S. Highway
212 between Jordan and Broadus, Mont.,
other than Miles City, Mont., and except
points located in Dawson, Prairie, Rich
land, and Wibaux Counties).” Petitioner

steel articles, as described in appendix V
to the report in Descriptions in Motor
Carrier Certificates, 61 M.C.C. 209, from
points in the New York, N.Y., commercial
Zone, as defined by the Commission, to
points in Connecticut, Delaware, Maine,
Maryland, Massachusetts, New Hamp
shire, New Jersey, New York, Pennsyl
vania, Rhode Island, Vermont, Virginia,

believes that it would be in the public

West Virginia, and the District of Co

interest that the modification of its cer

lumbia, with no transportation for com

tificate be made as suggested. Any inter

pensation on return except as otherwise
authorized. Restriction: The service

tana within 150 miles thereof (except

ested person desiring to participate may

s

FEDERAL REGISTER, VOL. 36, NO. 194–WEDNESDAY, OCTOBER 6, 1971

.

º

1946.3

NOTICES
authorized herein is subject to the follow
ing conditions: The operations author
ized herein are limited to a transporta
tion Service to be performed, under a con

son, 716 Perpetual Building, 1111 E
Street NW., Washington, DC 20004. Peti

tinuing contract, or contracts, with Con

tioner holds motor contract carrier au

cord Steel Corp., of New York, N.Y., and

thority in Permit No. MC 134129 Sub 4,

North Atlantic Steel & Construction Ma

issued August 20, 1971, authorizing the

terials Corp., of Great Neck, Long Island,
N.Y. The authority granted herein shall
be subject to the right of the Commission
which is hereby expressly reserved, to
impose such terms, conditions or limita
tions in the future as it may find neces
sary in order to insure that carrier's Op
erations shall conform to the provisions
of Section 210 of the Act. By the instant
petition, petitioner seeks to add Barron
Steel Co., Bronx, N.Y., as an additional
contracting shipper to be served in its
said Permit No. 126458. No change in the
commodity description or the territory
authorized is sought. The only change
Sought is to add the name of the new
shipper. Any interested person desiring

transportation, Over irregular routes, of:
Culvert pipe, culvert sectional plate, and

to participate may file an original and
six copies of his written representations,
views or argument in support of or
against the petition within 30 days from

the date of publication in the FEDERAL
REGISTER.

A.

LONG,

Bealeton, Va.

22712. Peti

tioner's representative: Daniel B. John

couplings and coatings for culvert pipe
and sections, (1) From Bealeton, Va., to
points in North Carolina and West Vir
ginia, with no transportation for com
pensation on return except as otherwise
authorized, (2) from Cessna, Pa., to
points in North Carolina, with no trans
portation for compensation on return

except as otherwise authorized, (3) from
Ashland, Ky., to Bealeton, Va., and
points in West Virginia, with no trans
portation for compensation on return
except as otherwise authorized. Restric
tion: The operations authorized herein
are limited to a transportation service

to be performed, under a continuing con
tract, or contracts with Lane Juniata,
Inc., of Bedford, Pa., and its affiliate
Lane-Penncarva, Inc., of Bealeton, Va.
By the instant petition, petitioner re
quests that said permit be modified by
adding Dublin, Va., as an additional

No. MC 128217 (Notice of Filing of
Petition To Add Additional Contracting
Shipper), filed September 9, 1971. Peti
tioner: REINHART MAYER', doing busi
ness as MAYER TRUCK LINE, 1203
South
Riverside
Drive, Jamestown,
ND 58401. Petitioner's representative:
Thomas J. Van OSdel, 502 First National
Bank Building, Fargo, N. Dak. 58102.
By petition filed as described above, and
as herein pertinent, petitioner states it
holds authority as a contract carrier by

motor vehicle pursuant its permit No.
128217, issued January 20, 1971. A por
tion of said permit authorizes the trans
portation. Over irregular routes, of: Iron
and steel articles as described in Group
III of appendix V to the Report in De
scriptions in Motor Carrier Certificates,

Origin point in (1) above, and as an addi
tional destination point in (2) and (3)
above. Any interested person desiring to
participate may file an original and six
copies of his written representations,
Views, or argument in support of or
against within 30 days from the date of
publication in the FEDERAL REGISTER.
APPLICATIONs For CERTIFICATES or PER
MITS WHICH ARE TO BE PROCESSED Con
CURRENTLY WITH APPLICATIONS UNDER
SECTION 5 Governed BY SPECIAL RULE
240 TO THE ExtENT APPLICABLE

No. MC 33641

(Sub-No. 97), filed

apolis,

Minn., to points in

Montana,

no transportation for compensation on
return except as otherwise authorized.
The said operations as set forth above
are limited to a transportation service
to be performed under a continuing con
tract or contracts with LeFevre Sales,
Inc. and Haybuster Manufacturing, Inc.,

both of Jamestown, N. Dak. By the in
stant petition, petitioner seeks to add

Joseph T. Ryerson & Sons, Inc., Chicago,
Ill., as an additional contracting shipper
for the transportation of the above de

scribed commodities, from: Minneapolis,
Minn., to: points in North Dakota and

South Dakota. Any interested person
desiring to participate may file an origi
nal and six copies of his written repre
sentations, views or argument in support
of or against the petition within 30 days
from the date of publication in the FED
ERAL REGISTER.

No. MC 134129 (Sub-No. 4) (Notice of

Filing of Petition for Modification), filed
September 7, 1971. Petitioner: WILLIAM

Weems, Va., from Brays Fork to Warsaw,
over U.S. Highway 360, thence over Vir
ginia Highway 3 to Irvington, and thence
to Weems, over Virginia Highway 222,
and return over the same route Serving
all intermediate points; (b) between
Richmond, Va., and junction of Inter
state Highway 95 and Virginia Highway
10, from Richmond to junction of Inter
state Highway 95 and Virginia Highway
10, Over Interstate Highway 95, and re
turn Over the same route serving all in
termediate points; (c) between Boydton
and Clarksville, Va., from Boydton to

Clarksville, over U.S. Highway 58, and
return over the same route serving all
intermediate points; (d) between Peters
burg and Cochran, Va., from Petersburg
to Cochran (junction of U.S. Highway 1
and Virginia Highway 46), over U.S.
Highway 1, and return over the same
route serving all intermediate points.

Note: Common control may be involved.
The instant application is a matter di
rectly related to MC–F–11319 published
in the FEDERAL REGISTER issue of Septem
ber 29, 1971. If a hearing is deemed nec
essary, applicant requests it be held at
Richmond, Va.
No. MC 112713 (Sub-No. 134), filed
September 19, 1971. Applicant: YELLOW
FREIGHT SYSTEM, INC., 92d Street at
State Line Road, Kansas City, MO 64114.
Applicant's represenative: Richard K.
Andrews, 1500 Commerce Bank Build
ing, Kansas City, Mo. 64106. Authority
sought to operate as a common carrier,

by motor vehicle, over irregular routes,
transporting: General commodities, farm

products, milk, and machinery, (a) be
tween points in Illinois within the fol

lowing described territory: Beginning at
the Wisconsin-Illinois State line south

June 3, 1971. Applicant: IML FREIGHT,
INC., 2175 South 3270 W., Post Office

Box 2277, Salt Lake City, UT 84110. Ap
plicant's representative: Carl L. Steiner,
61 M.C.C. 209, from Granite City and 39 South La Salle Street, Chicago, IL
Sterling, Ill., and Duluth and Minne

North Dakota, and South Dakota, with

and their baggage, and eacpress and news
papers in the same vehicle with passen
gers: (a) Between Brays Fork, Va., and

60603. Authority sought to operate as a
common carrier, by motor vehicle, over
irregular routes, transporting: Machin
ery, freight, and manufactured products
(except commodities in bulk), between
points in Massachusetts except those east
of Massachusetts Highway 28 and those
west of U.S. Highway 7. Note: Appli
cant states that joinder would be at Wor

cester, Springfield, or Pittsfield, Mass., to
Serve all points presently authorized to
be served by applicant under its regular
route authority. No duplicate authority is
sought. This is a matter directly related
to MC–F–11194, published in the FEDERAL
REGISTER issue of June 9, 1971. If a hear
ing is deemed necessary, applicant re
quests it be held at Boston, Mass.
No. MC 89805 (Sub-No. 3), filed
September 17, 1971. Applicant: JAMES

RIVER BUS LINES, a corporation, 310

erly along Illinois Highway 78 to junc
tion Illinois Highway
88, thence
southeasterly along Illinois Highway 88
to junction Illinois Highway 92, thence
east along Illinois Highway 92 to junc
tion U.S. Highway 34, thence easterly
along U.S. Highway 34 to junction with
the eastern boundary of Kane County,
thence north along the eastern boundary
of Kane County to junction with the
southern boundary of McHenry County,
thence west along the southern boundary
of McHenry County to junction Illinois
Highway 47, thence north along Illinois
Highway 47 to junction Illinois Highway
120, thence easterly along Illinois High
way 120 to junction U.S. Highway 12,
thence northerly along U.S. Highway 12
to junction Illinois Highway 59, thence
northeasterly along Illinois Highway 59
to junction Illinois Highway 83, thence
northerly along Illinois Highway 83 to
the Illinois-Wisconsin State line to the
point of beginning, including all points
and places situated on the highways
named above; and (b) between points in
the above-described territory, on the one
hand, and, on the other, points in Illi
nois, restricted to shipments which orig
inate at, or are destined to points in the
above-described territory. NoTE: Com

North Main Street, Blackstone, VA 23824.
Applicant's representative: John C. God
din, 200 West Grace Street, Richmond,
VA 23220. Authority sought to operate as
a common carrier, by motor vehicle, over
regular routes, transporting: Passengers mon COntrol may be involved. The instant

FEDERAL REGISTER, vol. 36, No. 194—wed NESDAY, october 6, 1971
No. 194—Pt. I–5

19464

NOTICES

application is a matter directly related to
MC–F–11326 published in the FEDERAL

property or passengers under sections
5(a) and 210a (b) of the Interstate Com

ate,

and

Boston, Mass., with restriction; between
Smithtown, N.H., and South Barre,
Mass., serving
certain
intermediate
points, between Boston, Mass., and Wa
terville, Maine, serving all intermediate
points, and serving certain off-route
points in Maine, and those within 15
miles of Boston; general commodities,
excepting among others, classes A and B
explosives, household goods and com
modities in bulk, over irregular routes,
between Albany, and Plattsburg N.Y., on
the one hand, and, on the other, certain

intermediate

specified points, between points in the

merce Act and certain other proceedings

points, and the off-route points of East
hampton and Northfield, Mass., those in

hand, and, on the other, Burlington, Vt.;

REGISTER issue of September 22, 1971. If
a hearing is deemed necessary, applicant

requests it be held at Chicago, Ill.
APPLICATIONS UNDER SECTIONS 5 AND
210a (b)

The following applications are gov
erned by the Interstate Commerce Com

mission's special rules governing notice of
filing of applications by motor carriers of

with respect thereto (49 CFR 1.240).

cester, Mass., and Gloversville, N.Y., and
all intermediate points, between Albany,
N.Y., and Walloomsac, N.Y., all inter
mediate points and certain off-route
points, between Providence, R.I. and
Boston, Mass., all intermediate points,
and certain off-route points in Massa
chusetts, those within 10 miles of Provi
dence, and those within 10 miles of Bos
ton, between New York, N.Y., and Utica,
N.Y., between Worcester, Mass., and
Newburyport, Mass., and all intermedi

between

Winsor,

Vt.,

Springfield,
serving

all

Mass.,

Massachusetts within 15 miles of Spring
MOTOR CARRIERS OF PROPERTY

field, and those in Vermont within 15
No. MC–F–10882. A SS O C I A TE D
TRUCK LINES, INC.—PURCHASE—

miles of Brattleboro, Vt.

CANAL MOTOR SERVICE, INC., pub
lished in the July 15, 1970. This proceed
ing also embraced a directly related ap

Between Springfield, Mass., and South
Deerfield, Mass., serving all intermediate
points, and the off-route points of East
hampton and Northfield, Mass., those in

plication in No. MC-69833 Sub-No. 98.

Massachusetts within 15 miles of Spring

Associated Truck Lines, Inc.—Exten field, and those in Vermont within 15
sion—Chicago area, for a certificate of miles of Brattleboro, Vt., between South
public convenience and necessity in lieu Hadley, Mass., and Sunderland, Mass.,
of certificate of registration to be pur serving all intermediate points, and the
chased. By report and recommended or
der served September 16, 1971, the Hear

ing Examiner recommended that the ap
plications be approved subject to the

off-route points of Easthampton and
Northfield, Mass., those in Massachusetts
within 15 miles of Springfield, and those
in Vermont within 15 miles of Brattle

condition that the authority granted in

boro, Vt., between junction U.S. Highway

No. MC–69833 Sub-No. 98 be published

5 and Vermont Highway 11 and Ascutney,

in the FEDERAL REGISTER, authority
granted in No. MC-69833 Sub–98, is for

Vt., serving all intermediate points, and

the transportation of: General commodi
ties, except those of unusual value, classes

A and B explosives, commodities in bulk,
commodities requiring special equipment,
and household goods as defined by the
Commission, as a common carrier, over
irregular routes, between points in Cook,
DuPage, Will, Kendall, Kane, and Lake

the off-route points of Easthampton
and Northfield, Mass., those in Mas
sachusetts within 15 miles of Springfield,
and those in Vermont within 15 miles of
Brattleboro, Vt., between Athol, Mass.,

and Shelburne Falls, Mass., serving all
intermediate points and the Off-route

points of Turners Falls and Millers Falls,
Mass., between Brattleboro, Vt., and Con
Counties, Ill., and the specific points of cord, N.H., serving all intermediate
Crystal Lake, McHenry, Huntley, and points, and the off-route points in New
Algonquinn in McHenry County, Ill.
Hampshire within 15 miles of Keene,
Due date for filing exceptions to the N.H., and those within 15 miles of Con
Recommended Report and Order is Octo cord, between Jaffrey, N.H., and New
port, N.H., between Palmer, Mass., and
ber 18, 1971.
Amherst, Mass., serving all intermediate
No.
MC – F – 11307
(DONALD
J.
S C H N E I D E R — CONTINUANCE IN

points, between junction U.S. Highway 5
and Vermont Highway 103 and Rutland,

CONTROL — TRANS - N A TI O N A L

Vt., serving all intermediate points and
TRUCK, INC.), published in the Sep
tember 15, 1971, issue of the FEDERAL
REGISTER on page 18494. Application filed

September 27, 1971, for temporary au
thority under section 210a (b).
No. MC–F–11324. Authority sought for
control and merger by RED STAR EX
PRESS LINES OF AUBURN, INC., 24–50
Wright Avenue, Auburn, NY 13021, of the
operating rights and property of P. S.
DUBREY TRUCKING CO., INC., 539

Hartford Pike, Shrewsbury, MS 01545,
and

for

acquisition

by

JOHN

BIS

GROVE, SR., 264 E. Genesse Street, Au
burn, NY, Of control of such rights and
property through the transaction. Appli
cants’ attorney: Leonard A. Jaskiewicz,
1730 M Street NW., Washington, DC
20036. Operating rights sought to be con
trolled and merged: General commodi
ties, excepting among others, except
high explosives, household goods, and
commodities in bulk, as a common carrier
over regular routes, between Worcester,
Mass., and Boston, Mass., between Wor

off-route points within 15 miles of Bel
lows Falls, Vt., and those within 15 miles

of Rutland, between Albany, N.Y., and
Rutland, between Albany, N.Y., and Rut
land, Vt., serving all intermediate points,
and certain off-route points in Vermont.
Between Albany, N.Y., and points in
New York, and Vermont, serving inter
mediate points in New York north of
Lake George and Kingsbury, N.Y., in
cluding Lake George and Kingsbury, and
intermediate points in Vermont north
of Burlington, Vt., including Burlington,
and certain off-route points in New York,
between Boston, Mass., and Waterville,
Maine, serving all intermediate points,
and serving certain off-route points in

Maine, and those within 15 miles of Bos
ton; general commodities, except explo
sives, articles of unusual value, house
hold goods as defined by the Commission,

and bulk commodities, between Sanford,
Maine, and Providence, F.I., serving the
intermediate points of Newburyport and

above New York counties, on the on
general commodities, except explosives,
articles of unusual value, household
goods as defined by the Commission, and
bulk commodities, between points within
20 miles of Boston, Mass., Providence,
R.I., and Sanford, Maine, except points
in New Hampshire and Lebanon, Ber
wick, and South Berwick, Maine, and
points in Maine on and east of U.S.
Highway 1, with restriction; new tertile
machinery, between Worcester, Mass., on
the one hand, and, on the other, Carolina
and Providence, R.I.; waste and rags,
between Worcester, Mass., on the one
hand, and, on the other, certain specified
points in New Hampshire, New York,
Philadelphia, Pa., certain specified points
in Rhode Island and Connecticut; sash
and elevator weights, from Worcester,
Mass., to certain specified points in
Rhode Island and Nashua, N.H.; wool,

from Boston, Mass., and West Warwick,
R.I., to Worcester, Mass.; and petroleum

products, in containers, from Albany,
N.Y., to Burlington, and White River
Junction, Vt., over one alternative route
for Operating convenience Only. RED
STAR EXPRESS LINES OF AUBURN,
INC., is authorized to operate as a com

mon carrier in New York, New Jersey,
Pennsylvania, Massachusetts, Vermont,
Connecticut, and Rhode Island. Applica

tion has not been filed for temporary
authority under section 210a (b).
No. MC–F–11325. Authority sought for
control by ARMSTRONG MOVING
AND STORAGE INC., Post Office Box
1464, 500 East 50th Street, Lubbock, TX
79408, of CAPITOL VANS AND WARE
HOUSES, INC., 500 East 50th Street,
Lubbock, TX 79408, and for acquisition
by
AMSTRONG:
CONSOLIDATED
CORPORATION, 500 East 50th Street,
Lubbock, TX, of control of CAPITOL

VANS

AND

through
STRONG.

the

WAREHOUSES,
acquisition

MOVING

AND

by

INC.,
ARM

STORAGE

INC. Applicants' attorney: W. D. Benson,
Post Office Box 6723, Lubbock, TX
79413. Operating rights sought to be con

trolled: General commodities, excepting
among others, classes A and B explo
sives, household goods and commodities

in bulk, as a common carrier over irreg
ular routes,

miles

of

between points within

Beaumont,

Tex.,

3

including

Beaumont; and household goods, as de

fined by the Commission, between Beau
mont, Tex., and points within 50 miles
of Beaumont, on the one hand, and, on
the other, points in Louisiana. ARM
STRONG MOVING AND STORAGE

FEDERAL REGISTER, VOL. 36, NO. 194—WEDNESDAY, OCTOBER 6, 1971

-

s

NOTICES
INC., is authorized to operate as a Com

1916.5

those of unusual value, livestock, classes
A and B explosives, household goods, as

mon carrier in Texas, New Mexico, and
Oklahoma. Application has not been
filed for temporary authority under sec

defined by the Commission, commodities
in bulk, commodities requiring special

tion 210a (b).

equipment, and those injurious or con

No. MC–F–11326. Authority sought for

purchase by ARMSTRONG. MOVING &
STORAGE INC., 500 East 50th Street,
Post Office Box 1464, Lubbock, TX
79408, of the operating rights of ARM
STRONG WAREHOUSE & TRANSFER

INC., 500 East 50th Street, Post Office
Box 1464, Lubbock, TX 79408, and for
acquisition by ARMSTRONG CON
SOLIDATED CORPORATION, also of

Lubbock, Tex., of control of such rights
through the purchase. Applicants' attor
ney: W. D. Benson, Post Office Box 6723,
Lubbock, TX 79413. Operating rights
sought to be transferred: Household
goods as defined by the Commission, as
a comtmon carrier over irregular routes,

between Lubbock, Tex., and points in
Texas within 100 miles of Lubbock, on

the one hand, and, on the other, points
in New Mexico, between Lubbock, Tex.,
and points in Texas within 100 miles of
Lubbock, on the one hand, and, on the
other, points in Oklahoma; and used
household goods, between points in Deaf
Smith, Randall, Armstrong, Donley,
Parmer, Castro, Swisher, Briscoe, Hall,
Bailey, Lamb, Hale, Floyd, Motley, Cot
tle, Cochran, Hockley, Lubbock, Crosby,
Dickens, King, Yoakum, Terry, Lynn,
Garza, Kent, Stonewall, Gaines, Daw
son, Borden, Scurry, Fisher, Andrews,
Martin, Howard, and Mitchell Counties,
Tex., with restriction. Vendee is author
ized to operate as a common carrier in
Texas. Application has not been filed for
temporary authority under section

taminating to other lading, between Bos
ton, Mass., and Newark, N.J., serving all

Philadelphia,

Pa.,

Wilmington,

Del.,

Yonkers, and New York, N.Y., Baltimore,
Md., and the District of Columbia; bores

(with or without partitions), paper, fi
berboard or pulpboard in sheets or
and paper, fiberboard or pulpboard
or fillers, from Bridgeton, N.J., to
tain specified points in New York,

rolls
lines
cer
Sea

intermediate points in Massachusetts,
and the off-route points of Salem, and
Fall River, Mass., Staffordville, Conn.,
and Trenton, and Farmingdale, N.J., be
tween Boston, Mass., and Newark, N.J.,

and Relay, Md., from Bridgeton, N.J., to
certain specified points in New York;
bores, from Baltimore, Md., to Salem,

serving no intermediate points, between

N.J., from Bridgeton, N.J., to Phila

Lawrence, Mass., and Boston, Mass.,
serving all intermediate points, and the

delphia, Pa., between Bridgeton, N.J.,
and Baltimore, Md.; caps and closures
for glass containers, from Glassboro,
N.J., to certain specified points in New
York, Seaford, Del., and Boston, Rox
bury, Mass., and Relay, Md.; materials
and supplies necessary for the manufac
ture and packing of glass containers,
from Philadelphia, Pa., to Bridgeton,
N.J.; canned goods, from Bridgeton, N.J.,
to Philadelphia, Pa., Baltimore, Md.,
Hartford, Conn., Somerville, Mass., and

off-route points of Lowell, Haverhill, and
Methuen, Mass;

General commodities, except livestock,
classes A and B explosives, inflammables,
commodities in bulk other than fertilizer,
articles of unusual size or value, and
household goods as defined by the Com
mission, between Richmond, Va., and
New York, N.Y., with service to and from
the intermediate and off-route points of
Washington, D.C., Baltimore, Md., Phila
delphia, Pa., Trenton, Newark, Carteret,
and North Bergen, N.J., restricted to
traffic moving to or from Richmond; eac
celsior, from Montross, Va., to New York,
N.Y., serving the intermediate points of
Washington, D.C., Baltimore, Md., and
Philadelphia, Pa., from Montross, Va., to
New York, serving the intermediate

points Baltimore, Md., and Philadelphia,
Pa., and the off-route point of Washing
ton, D.C.; general commodities, with ex
ceptions specified, over irregular routes,
between Elizabeth, N.J., and points with
in 30 miles of Elizabeth, on the one hand,
and, on the other, Philadelphia, Pa., New
York, N.Y., points in New Jersey, and
those in Nassau and Westchester Coun

210a (b).

ties, N.Y.; general commodities, except

ford, Del., Boston, and Roxbury, Mass.,

points in the New York, N.Y., commer
cial zone, as defined by the Commission
in 1 M.C.C. 665; malt beverages, from
New York, N.Y., to certain specified

points in Connecticut; drugs, from New
York, N.Y., to Bridgeport and Stamford,
Conn.; tin plate, from Baltimore, Md., to
Paulsboro, N.J.; fertilizer, fertilizer ma
terials, seeds, and insecticides, from New
York, N.Y., and Hoboken, N.J., to Bridge

port and Stamford, Conn., Spring Valley,
N.Y., and points on Long Island, N.Y.,
except those in Nassau County:

Glass bottles, glass jars and packing
glasses, bottle carrying bores with or
without partitions, corrugated fiber- and
pulpboard paper in sheets or rolls, and

fiberboard and pulpboard paper liners
and fillers, from Bridgeton, N.J., to cer

No. MC-F-11327. Authority sought for

ing among others classes A and B ex

tain specified points in Delaware, Mary

control by NATIONAL FREIGHT, INC.,

plosives, household goods, and commodi

land, Massachusetts, New York, Pennsyl

ties in bulk, between Boston, Mass., and
certain specified points in New York and

vania, and Virginia; caps and closures for

57

West

Park Avenue, Vineland,

NJ

08360, of CROSS TRANSPORTATION,
INC., Carll's Corners, Bridgeton, N.J.
08302, and for acquisition by BERNARD
A. BROWN, also of Vineland, N.J., of
TRANSPORATION,
CROSS
control

INC., through the acquisition by NA
TIONAL FREIGHT, INC. Applicants' at

torney: David G. Macdonald, Suite 502,
1000 16th Street NW., Washington, DC

20036. Operating rights sought to be con
trolled: General commodities,
those of unusual value, and

except
except

liquors, dangerous explosives, household
goods as defined in Practices of Motor
Common Carriers of Household Goods,
17 M.C.C. 467, commodities in bulk, com

New Jersey; general commodities, except
those of unusual value, liquors, classes A

glass containers, from Glassboro, N.J. to
the destination points specified; cans, not
exceeding 1 gallon capacity, and boxes
not exceeding 1 quart capacity, from
Baltimore, Md., to Hammonton and Min
otola, N.J.; glass containers and boates

and B explosives, bakery products and
containers, household goods as defined by
the Commission, commodities in bulk,
commodities requiring special equipment,
and those injurious or contaminating to
other lading, between Bridgeton, N.J., on
the one hand, and, on the other, points
in New Jersey (except those within 30
miles of Elizabeth, N.J.), with restriction;
General commodities, except those of
unusual value, and except classes A and

fiberboard or pulpboard in sheets or rolls
and paper, fiberboard or pulpboard liners
and fillers, from Bridgeton, N.J., to
points in Massachusetts, Rhode Island,
Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, and
Virginia, and the District of Columbia:

B explosives, furs, alcoholic beverages,

caps, closures, and accessories for same,

household goods as defined by the Com
mission, livestock, silk, commodities in
requiring special
bulk, commodities
equipment, and those injurious or con
taminating to other lading, between New
York, N.Y., and certain specified points
in New Jersey, on the one hand, and,
on the other, Baltimore, Md., and Wash
ington, D.C.; glass containers, from New
York, N.Y., and Hoboken, N.J., to cer
tain specified points in New York, and
New London Counties, Conn., from
Bridgeton, N.J., to certain specified
points in Delaware, Boston, and Rox

(with

or without partitions), paper,

ous or contaminating to other lading,
between New Brunswick, N.J., and Phila

bury,

from

from Glassboro, N.J., to points in the
above-described destination territory;
wooden pallets, from points in Massa
chusetts, Rhode Island, and that part of
New York which is located west of U.S.
Highway 15 from the New York-Penn
sylvania State line to Springwater, N.Y.,
and New York Highway 15–A from
Springwater to Rochester, but not in
cluding Rochester, to Bridgeton, N.J.;
glass containers, and, when moving as
part loads in connection therewith, cor
rugated bores, knocked down, caps and
closures, from Jersey City, N.J., to cer
tain specified points in New York and

delphia, Pa.; general commodities, except

Bridgeton, N.J., to Bridgeport, Conn.,

Connecticut; wooden pallets, from points

modities requiring Special equipment, and
those injurious or contaminating to other

lading, as a common carrier over regular
routes, between Philadelphia, Pa., and
Bridgeton, N.J.; general commodities, ex
cept those of unusual value, and except
dangerous explosives, bakery products
and containers, household goods as de
fined in Practices of Motor Common Car

riers of Household Goods, 17 M.C.C. 467,
commodities in bulk, commodities requir
ing special equipment, and those injuri

Mass.,

and

Relay,

Md.,

FEDERAL REGISTER, vol. 36, No. 194—weDNESDAY, october 6, 1971

19466

NOTICES

N.J., to points in Massachusetts, Rhode
Island, Connecticut, New York, Pennsyl
vania, Delaware, Maryland, Virginia, and

restriction. Vendee is authorized to
operate as a common carrier in Delaware,
New Jersey, Maryland, Pennsylvania,
New York, Kentucky, Virginia, West
Virginia, Massachusetts, Rhode Island,
Connecticut, Ohio, Maine, Vermont, New
Hampshire, and the District of Columbia.
Application has been filed for temporary
authority under section 210a (b). Note:
MC-124004 Sub-17, is a matter directly

the District of Columbia; wooden pallets,

related.

in Connecticut and New York, except
New York, N.Y., and those in Nassau
and Westchester Counties, N.Y., to Jer
sey City, N.J.;

Plastic containers, plastic caps, plastic
closures, and accessories for the afore
mentioned commodities, from Glassboro,

from the above-specified destination
points to Glassboro, N.J.; malt beverages,
brewers’ supplies, and empty containers,
excepting malt beverages and brewers'
supplies, in bulk, in tank vehicles, be
tween points in the described New York
New Jersey territory, on the one hand,
and, on the other, points in Massachu
setts, between Lawrence, and Boston,
Mass., on the one hand, and, on the other,
points in Connecticut, Rhode Island, and
Massachusetts; glass and plastic con
tainers, carboys, demijohns, jars, bottles,
packing glasses, caps, covers, stoppers,
closures, or tops, bores, paper, fiberboard
or pulpboard in sheets or rolls, fiberboard
or pulpboard liners and fillers, and empty
containers, from Bridgeton and Glass
boro, N.J., to points in Maine, New
Hampshire, and Vermont; glass con
tainers and paper, fiberboard, or pulp
board boates, limers, fillers, sheets and
rolls, from the plantsites, warehouses, or
other facilities of Owens-Illinois, Inc.,
at North Bergen, N.J., to points in that
part of Pennsylvania. On and east of U.S.
Highway 15 (except points in the Phila
delphia, Pa., commercial zone as defined
by the Commission, and York, Pa.), over

202 and U.S. Highway 183, and coordi
nating the proposed Service with the
service presently being rendered by the
applicant under its other authority.
Over the following alternate route: Be
tween the junction of State Highways
9 and 72 and Kenedy, over State High
way 72, and coordinating the proposed
service with the service presently being
rendered by the applicant under its other
authority. Over the following alternate
route:

Between

Robstown

and

State

No. MC–F–11329. Authority sought for

purchase by ASSOCIATED FREIGHT
LINES, 841 Folger Avenue, Berkeley, CA

947 10, of the operating rights of JOE
SAIA, 2630 Fifth Street, Sacramento,
CA 95818, and for acquisition by JOHN
A. PIFER, also of Berkeley, Calif. 947.10,
of control of such rights through the pur
chase. Applicants' attorney:
Marvin
Handler, 405 Montgomery Street, San

Francisco, CA 94104. Operating rights
sought to be transferred: Under a cer
tificate of registration, in Docket No.
MC–92273 Sub-3, covering the transpor

Highway 9 over U.S. Highway 77, serv
ing no intermediate points and coordi
nating the proposed service with the
service presently being rendered by the
applicant under its other authority. Both

intrastate

and

interstate

authority

sought.
HEARING: Approximately 30 days
after publication in the FEDERAL REG
ISTER. Time and place not shown. Re
quests for procedural information in
cluding the time for filing protests con
cerning this application should be ad
dressed to the Railroad Commission of

tation of property and general commodi
ties, as a common carrier in interstate

commerce, within the State of California.

Texas, Capitol Station, Post Office
Drawer 12967, Austin, TX 78711, and
should not be directed, to the Interstate

Vendee is authorized to operate as a
Commerce Commission.

common carrier in California. Applica
tion has been filed for temporary au
thority under section 210a (b). NotE:
MC–57254 Sub-13, is a matter directly
related.

802

By the Commission.
[SEAL ]

State Docket No. 2709, filed Septem
ber 20, 1971. Applicant: BLUEBONNETT
EXPRESS, INC., 5009 Rusk Avenue, Post
Office Box 18205, Houston, TX 77023. Ap
plicant's representative: Joe G. Fender,

ROBERT L. Oswald,
Secretary.

[FR Doc.71–14648 Filed 10–5–71;8:49 am)

Houston

First Savings Building,

Houston, Tex. 77002. (1) Applicant seeks
to amend its Certificate 2709 to au
thorize operation as a limited common
carrier over regular routes in intrastate

one alternate route for operating con

and interstate commerce in the trans

venience only. NATIONAL FREIGHT,
INC., is authorized to operate as a com
7mon carrier in New Jersey, Pennsylvania,
Connecticut, New York, Massachusetts,
Rhode Island,
Delaware, Maryland,
Florida, New Hampshire, Ohio, Vermont,

portation of newspapers and magazines

Virginia,

West

Virginia,

Wisconsin,

Illinois,
Indiana,
Maine,
Michigan,
Minnesota, Missouri, North Carolina,

South Carolina, Georgia, Arkansas, Iowa,
Kansas, Kentucky, Nebraska, Louisiana,
Alabama, Mississippi, Oklahoma, Texas,
Tennessee, and the District of Columbia.
Application has been filed for temporary
authority under section 210a (b).

No. MC–F–11328. Authority sought for
purchase by RICHARD DAHN, INC.,
R.D. 1, Sparta, NJ 07871, of the operating
rights of CHARLES PACEK, Star Route,
Doylestown, Pa. 18901, and for acquisi
tion by RICHARD DAHN AND E. RUTH
DAHN, both of Sparta, N.J. 07871, of con

trol of such rights through the purchase.
Applicants' attorney: George A. Olsen,
69 Tonnele Avenue, Jersey City, NJ
07.306. Operating rights sought to be
transferred:
Building stone
(except

NOTICE OF FILING OF MOTOR
CARRIER INTRASTATE APPLICATIONS
OCTOBER 1, 1971.
The following applications for motor
common carrier authority to operate in
intrastate commerce seek concurrent
motor carrier authorization in interstate

or foreign commerce within the limits of
the intrastate authority sought, pursuant
to section 206(a)(6) of the Interstate

Commerce Act, as amended October 15,
1962. These applications are governed by
Special Rule 1.245 of the Commission's
rules of practice, published in the

FEDERAL REGISTER, issue of April 11, 1963,
page 3533, which provides, among other
things, that protests and requests for in

formation concerning the time and place
of State Commission hearings or other

proceedings,

any

subsequent

changes

therein, any other related matters shall
be directed to the State Commission with
which the application is filed and shall
not be addressed to or filed with the In
terstate Commerce Commission.

State Docket No. 2339, filed Septem
crushed stone), in dump vehicles, as a
ber 20, 1971. Applicant:
contract carrier, over irregular routes,
from Lumberville, Pa., to points in New
York, Connecticut, Massachusetts, Dela
ware, Maryland, Virginia, West Virginia,

Ohio, Indiana, and Michigan, and to cer

ALAMO EX

PRESS, INC., 51 Essex Street, San An
tonio, TX. Applicant's representative:
Dan Felts, The 904 Lavaca Building, Aus
tin, Tex. 787.01. Certificate of public con
venience and necessity sought to op

tain specified counties in New Jersey, and
points in that part of Sussex County,
N.J., lying on and east of New Jersey

portation of general commodities, over

Highway 15 and U.S. Highway 206, with

Beeville and Refugio, over State Highway

erate a freight service as follows: Trans
the following alternate route: Between

over State Highway 36 between Rosen
berg and West Columbia, serving all in
termediate points along said routes and
coordinating the service with service

presently rendered under existing cer
tificates; and (2) applicant seeks to fur
ther amend Certificate 2709 to authorize

operation as a limited common carrier
over regular routes in intrastate and in
terstate commerce in the transportation
of general commodities, over the follow

ing routes: (1) State Highway 36 be
tween Rosenberg and West Columbia;
(2) Farm Road 442 between Lane City
and State Highway 36, serving Newgulf
as off-route point; (3) Farm Road 1301
and 1728 between Wharton and State

Highway 35; (4) State Highway 60 be
tween Wharton and Matagorda, serving
South Bay City as an off-route point;
(5) State Highway 71 between El Campo

and State Highway 35 at
Farm Road 616 between
and State Highway 35; (7)
87 between Victoria and

Blessing; (6)
Bloomington
U.S. Highway
Port Lavaca;

(8) Farm Road 234 between Vanderbilt

and U.S. Highway 59; (9) State Highway
111 between Edna and Midfield;
(10) Farm Road 2431 between Mid
field and State Highway 35; (11) Farm
Road 521 between State Highway 35 and
State Highway 36; (12) Farm Road

457 between State

Highway 35 and

Sargent; (13) Farm Road 524 between
Old Ocean and Farm Road 521: (14)
State Highway 332 between Brazoria and
Surfside; (15) Farm Road 1301 between

FEDERAL REGISTER, vol. 36, No. 194—wed NESDAY, october 6, 1971

*

19467

NOTICES

Pledger and West Columbia; (16) Farm
Road 1459 between Sweeney and State
Highway 35; (17) Farm Road 1593 be
tween Point Comfort and State Highway

111: (18) State Highway 172 between
Ganado and Olivia serving Port Alto as

[Notice 760]
MOTOR CARRIER TRANSFER
PROCEEDINGS
OCTOBER 1, 1971.
Synopses of orders entered pursuant

off-route point; (19) State Highway 316
to section 212(b) of the Interstate Com

between Port Lavaca and Indianola: (20)
Farm Road between Chocolate Bayou
and State Highway 35; (21) U.S. High
way 77A between Goliad and Cuero: (22)

U.S. Highway 77 and State Highway 113
between Victoria and Tivoli, and (23)
State Highway 35 between Tivoli and
Port Lavaca, serving all intermediate
points along said routes and coordinating
the service with service being rendered
under existing certificates. The transpor
tation of general commodities over the
routes

hereinabove

described

shall

be

subject to the following restrictions: No
service shall be rendered in the trans
portation of any package or article

weighing more than 50 pounds. No serv
ice shall be provided in the transpor
tation of packages or articles weighing
in the aggregate more than 100 pounds
from one consignor at one location to
one consignee at one location on any one
day.
Further restrictions: (1) The Texas
Commission retains jurisdiction over this
certificate, under the provisions of Sec.

merce Act, and rules and regulations pre
scribed thereunder (49 CFR Part 1132),
appear below:
As provided in the Commission's spe
cial rules of practice any interested per
son may file a petition seeking recon
sideration of the following numbered
proceedings within 20 days from the date
of publication of this notice. Pursuant to
section 17 (8) of the Interstate Commerce
Act, the filing of Such a petition will post
pone the effective date of the order in
that proceeding pending its disposition.
The matters relied upon by petitioners
must be specified in their petitions with
particularity.
No. MC–FC–72936. By order of Septem
ber 24, 1971, the Motor Carrier Board
approved the transfer to Ohio Kentucky
Express, Inc., Cincinnati, Ohio, of the
operating rights in Certificate No. MC—
62282 issued August 1, 1969, to Eleanor
Weir, doing business as Weir Express,
Cincinnati, Ohio, authorizing the trans
portation of general commodities, with

exceptions, between points in the Cincin
nati, Ohio, commercial zone, as defined
by the Commission, Paul J. Boehm, 709
First National Bank Building, Cincinnati,
Ohio 45202, attorney for applicants.

Texas Commission, it may amend, revoke

or suspend the authority herein granted,
if conditions So justify. (2) The holder of

this certificate is required to keep such
records and accounts as may be required
to enable the law enforcement division
of the Texas Commission to ascertain if

the holder hereof is complying with the
restriction as to the type of commodities,
and weight thereof, authorized herein.
(3) The holder hereof shall file with the

Texas Commission each January 1, April
1, July 1, and October 1, a current, ac
curate list of its local representatives

and agents and their addresses and (4)
on July 1 of each year, the holder of this
certificate shall file a “performance re

port” with the Texas Commission with
respect to the operations conducted un

No. MC—FC–73053. By order of Septem
ber 24, 1971, the Motor Carrier Board
approved the transfer to Vimale, Inc., 147
Southeast 11th, Post Office Box 442,
Newport, OR 97.365, of the operating
rights in Certificate No. MC–128557 (Sub
No. 3), issued December 6, 1967, to
Lincoln Lumber Sales, Inc., Post Office
Box 127, Newport, OR 97.365, authorizing
the transportation of lumber and lumber
products, from points in Linn, Lane,
Benton, Polk, Tillamook, Yamhill, and
Marion Counties, Oreg., to points in
Lincoln County, Oreg., from points in
Lincoln County, Oreg., to Newport, Oreg.,
and from Newport, Oreg., to points in
Lane, Linn, Benton, and Lincoln Coun
ties, Oreg., Subject to restrictions.

der the certificate here issued, which

report shall show the tonnage handled,
the towns served and any other informa
tion which the Texas Commission may

request. Both intrastate and interstate
authority sought.
HEARING: Date, time, and place not
shown. Requests for procedural informa
tion including the time for filing protests
concerning this application should be
addressed to the Railroad Commission of
Texas, Drawer 12967, Capitol Station,

Austin, TX 78711, and should not be di
rected to the
Commission.

Interstate

Commerce

By the Commission.
[SEALl

RoberT L. Oswald,
Secretary.

IFR Doc.71–14647 Filed 10–5–71;8:48 am]

interstate commerce corresponding in
Scope to Irregular Route Common Carrier

Certificate No. 5339, dated January 12,
1961, issued by the Massachusetts De
partment of Public Utilities.
-

No. MC—FC–73176. By order of Sep
tember 27, 1971, the Motor Carrier Board
approved the transfer to Guss Freight

Delivery, Inc., Long Beach, Calif., of Cer
tificate of Registration No. MC–96711

(Sub-No. 1), issued November 1, 1963, to
Clyde E. Guss, doing business as Guss

Freight Delivery, Long Beach, Calif.,
evidencing a right to engage in transpor
tation in interstate commerce corre
Sponding in scope to Certificate No.

54593, dated February 25, 1957, issued by
the Public Utilities Commission of the

State of California. James W. Edson,
attorney, 444 Ocean Boulevard, Suite 503,
Long Beach, CA 90802.
[SEAL ]

ROBERT L. Oswald,
Secretary.

[FR Doc.71–14649 Filed 10–5–71;8:49 am]

12(b), Art. 911 (B), V.C.S., so that if the
Texas Commission, in the future, deter
mines that the holder hereof is not per

forming the service authorized by the

No. MC–FC–73100. By order of Sep
tember 27, 1971, the Motor Carrier Board
approved the transfer to A & P Trans.,
Inc., Marlboro, Mass., of Certificate of
Registration No. MC–120913 (Sub-No. 1),
issued January 28, 1964, to Clarence H.
Warner, Inc., Clinton, Mass., evidencing
a right to engage in transportation in

No. MC–FC–73091. By order of Sep
tember 27, 1971, Motor Carrier Board
approved the transfer to Loretta E.
Mahler, doing business as Lucky Seven
Transfer and Storage, Prescott, Ariz., of
the Certificates of Registration in No.
MC–120830 (Sub-No. 1), issued March
25, 1970, to Carl A. Mahler, Sr., doing
business as Lucky Seven Transfer and
Storage, Prescott, Ariz., authorizing
transportation corresponding in scope to

common carrier Certificate No. 6302,
dated January 17, 1961, transferred, re
newed, and reissued November 22, 1968,
and No. 3206, of the same date, trans
ferred November 22, 1968, renewed and
reissued October 22, 1969, by the Arizona
Corporation

Commission.

Donald

R.

Bulechek, Post Office Box 1391, Prescott,
AZ 86301, attorney for applicants.

ASSIGNMENT OF HEARINGS
October 1, 1971.
Cases assigned for hearing, postpone
ment, cancellation or oral argument ap
pear below and will be published only
once. This list contains prospective as
signments only and does not include
cases previously assigned hearing dates.
The hearings will be on the issues as
presently reflected in the Official Docket

of the Commission. An attempt will be
made to publish notices of cancellation

of hearings as promptly as possible, but
interested parties should take appropri
ate Steps to insure that they are notified

of cancellation or postponements of
hearings in which they are interested.
MC–F–10813, Eastern Express, Inc.—Control—
R. C. Motor Lines, Inc., and MC–F–11029,
American Export Industries, Inc., and East

ern Express, Inc.—Investigation of Con
trol—R. C. Motor Lines, Inc., now assigned
October 5, 1971, at Washington, D.C., post
poned indefinitely.
MC 107583 Sub 48, Salem Transportation Co.,
Inc., now assigned October 12, 1971, at
Trenton, N.J., canceled and reassigned for
hearing on November 8, 1971, in Room 16,

New Jersey State Museum Cultural Center,
205 West State Street, Trenton, NJ.
MC–F–11094, Navajo Freight Lines, Inc.—In
vestigation of Control–Garrett Freight
Lines, Inc., and MC-F-11198, Navajo
Freight

Lines,

Inc.—Control—Garrett

Freight Lines, Inc., now assigned Octo
ber 18, 1971, at Denver, Colo., postponed
to November 30, 1971, in Room 15032, Fed
eral Building, 1961 Stout Street, Denver,
CO.

MC 113651 Sub 136, Indiana Refrigerator
Lines, Inc., assigned November 4, 1971, in
Courtroom 829, U.S. Courthouse, 811 Grand

Avenue, Kansas City, MO.

FEDERAL REGISTER, Vol. 36, No. 194–WEDNESDAY, october 6, 1971

1946.8

NOTICES

MC 128988 Sub 10, Jo/Kel, Inc., assigned
November 3,

1971,

in

Room

147B,

New

Federal Building, 601 East 12th Street,
Kansas City, MO.

MC 111401 Sub 330, Groendyke Transport,
Inc., MC 112822 Sub 190, Bray Lines, Inc.,
MC 114890 Sub 50, C. E. Reynolds Trans

ports, Inc., MC 115669 Sub 122, Howard N.
Dahlsten, doing business as Dahlsten Truck

Line, MC 117568 Sub 8, Kempt Truck Lines,
Inc., MC 117765 Sub 121, Hahn Truck
Line, Inc., MC 118535 Sub 43, Jim Tiona,
Jr., MC 119399 Sub 27, Contract Freighters,
Inc., and MC 124711 Sub 11, Becker & Sons,

Inc., assigned November 1, 1971, in Room
140, New Federal Building, 601 East 12th

Street, Kansas City, MO.
MC 135447, Dilido Transportation Co., Inc.,

now assigned October 20, 1971, at New
York, N.Y., is canceled and application

paragraph

for

paragraph

(e)

(e) Erpiration date. This order shall
expire at 11:59 p.m., December 31, 1971,
unless otherwise modified, changed, or
Suspended.
It is further ordered, That this amend
ment shall become effective at 11:59
p.m., September 30, 1971, and that this
order shall be served upon the Associa
tion of American Railroads, Car Service
Division, as agent of all railroads sub
scribing to the car service and car hire
agreement under the terms of that agree
ment, and upon the American Short Line
Railroad Association; and that it be filed

agreement,

and

upon

the

American

Short Line Railroad Association; and
that it be filed wih the Director, Office of
the Federal Register.
Issued at Washington, D.C., September
28, 1971.
INTERSTATE COMMERCE
[seAL]

COMMISSION,
R. D. PFAHLER,
Agent.

[FR Doc.71–14652 Filed 10–5–71;8:49 am)
[Rev. S.O. 994; I.C.C. Order 49; Amdt. 3]

PENN CENTRAL TRANSPORTATION

with the Director, Office of the Federal

CO.

Register.

dismissed.

Rerouting or Diversion of Traffic

MC–F–10934, Northeastern Trucking Co.—
Purchase (portion)—Parrish Dray Line,

Issued at Washington, D.C., September

Inc.—Purchase

(portion)—Parrish

Dray

Line, Inc., and MC–F–11053, Mercury
Freight Lines, Inc.—Purchase (portion) —
Parrish Dray Line, Inc., continued to De
cember 7, 1971, at the Offices of the Inter
state Commerce Commission, Washington,
MC 30844 Sub 358, Kroblin Refrigerated Ex
press, assigned November 1, 1971, in Room
B–2231, 26 Federal Plaza, New York, NY.
MC 105997 Sub 11, Oil-Ways Co., assigned
November 2, 1971, in Room B–2231, 26
Federal Plaza, New York, NY.

MC 108884 Sub 18, Rogers Transfer, Inc., as
signed November 3, 1971, in Room B–2231,
26 Federal Plaza, New York, NY.

ROBERT L. OswalD,
Secretary.

[FR Doc.71–14650 Filed 10–5–71;8:49 am]
[Rev. S.O. 994, I.C.C. Order 26; Amdt. 10]

ATCHISON, TOPEKA AND SANTA FE
RAILWAY CO.

Rerouting or Diversion of Traffic
Upon further consideration of I.C.C.
Order No. 26 (Atchison, Topeka and
Santa Fe Railway Co.) and good cause

appearing therefor:
It is ordered, That:

I.C.C. Order No. 26, be, and it is hereby,
amended by substituting the following

Upon further consideration of I.C.C.

29, 1971.

Inc., MC–F–10949, Guignard Freight Lines,

[SEALl

(e)

thereof:

[SEAL ]

INTERSTATE COMMERCE
CoMMIssion,
R. D. PFAHLER,
Agent.

[FR Doc.71–14651 Filed 10–5–71;8:49 am)

[Rev. S.O. 994; I.C.C. Order 16; Amdt. 9]

Order No. 49 (Penn Central Transporta
tion Co.) and good cause appearing
therefor:

It is ordered, That:

I.C.C. Order No. 49 be, and it is hereby,
amended by substituting the following
paragraph (g) for paragraph (g)
thereof:

PENN CENTRAL

(g) Erpiration date. This order shall
expire at 11:59 p.m., December 31, 1971,

Rerouting or Diversion of Traffic

unlcss otherwise modified, changed or

Upon further consideration of I.C.C.
Order No. 16 (Penn Central) and good
cause appearing therefor:
It is ordered, That:
I.C.C. Order No. 16 be, and it is
hereby, amended by substituting the
following paragraph (g) for paragraph
(g) thereof:
(g) Eacpiration date. This order shall
expire at 11:59 p.m., December 31, 1971,
unless otherwise modified, changed, or
suspended.
It is further ordered, That this amend
ment shall become effective at 11:59
p.m., September 30, 1971, and that this
Order shall be served upon the Associa
tion of American Railroads, Car Service
Division, as agent of all railroads sub
scribing to the car service and car hire
agreement under the terms of that

suspended.
It is further ordered, That this amend

ment shall become effective at 11:59 p.m.,
September 30, 1971, and that this order
shall be served upon the Association of
American Railroads, Car Service Divi
sion, as agent of all railroads subscrib

ing to the car service and car hire agree
ment under the terms of that agreement,
and upon the American Short Line Rail
road Association; and that it be filed
with the Director, Office of the Federal
Register.

Issued at Washington, D.C., September
28, 1971.
INTERSTATE COMMERCE

CoMMISSION,
[SEALl

R. D. PFAHLER,
Agent.

[FR Doc.71–14653 Filed 10–5–71;8:49 am)

FEDERAL REGISTER, VOL. 36, NO. 194–WEDNESDAY, OCTOBER 6, 1971

FEDERAL REGISTER

19469

CUMULATIVE LIST OF PARTS AFFECTED–OCTOBER

The following numerical guide is a list of parts of each title of the Code of
Federal Regulations affected by documents published to date during October.
3 CFR

Page

-

18 CFR

Page

PROPOSED Fu LES:

PROCLAMATION:
4085------------------------

19299 |

101------------------------104------------------------105------------------------141------------------------201------------------------204------------------------205------------------------260-------------------------

ExECUTIVE ORDER:
11621----------------------- 19435

5 CFR
213----------------------- 19245, 19437

19443
19443
19443
19443
19443
19443
19443
19443

7 CFR
2O CFR
51------------------------------ 19243
53------------------------------ 19301
54------------------------------ 19301
55–––––––––––––––––––––––––––––– 19301
56––––––––––––––––––––––––------ 19301
70–––––––––––––––––––––––––––––– 19301
850----------------------------- 19244
910–--------------------- 19302, 19359
966-----------------------------

1943,

PROPOSED RULES:
932------------------------947------------------------982-------------- -*---------984------------------------1007-----------------------1464-----------------------1701------------------------

19265
19314
19442
19390
19315
19389
19391

405----------------------------- 19249

21

CFR

121---------------19363
420----------------------------- 19251
-------------

37 CFR

191------------------------- 19391
420------------------------- 19268
|

22 CFR
41------------------------------ 19304

19315

38 CFR
*---------------------------- — —

1925.2

39 CFR
*----------------------------*----------------------------*----------------------------*----------------------------*----------------------------*----------------------------*-----------------------------

41 CFR

PROPOSED RULES:

Page

PROPOSED RULES:
*---------------------------

19472
19473
19475
19476
1948.0
19483
19484

-

*-*---------------------------- 19365
9-12---------------------------- 19365
14-?----------------------------19438
14-18---------------------------19438
60-8----------------------------19307
101-19-------------------------- 19366

101-42-------------------------- 19367

24 CFR
PROPOSED RULES:

-

45 CFR
200------------------ 19316, 19320

PROPOSED RULES:

9 CFR

25 CFR

72------------------------------ 19245

41------------------------------ 19251

14 CFR

26 CFR

1991------------------------ 19400

-

46 CFR
-

39------------------------ 19359,
71------------ 19302–19304, 19360,
97-----------------------------121-----------------------------

19360
19361

1------------------------------- 19251
147----------------------------- 19251

19248
19361

PROPOSED RULES:

PROPOSED RULES:
39-------------------------- 19392
61-------------------------- 19393
67-------------------- 19393, 19396
71-------------- 19321, 19398, 19399
73------------------- 19321, 19322
121------------------------- 19393
127------------------------- 19393
183------------------------- 19393
223------------------------- 19399

47 CFR
1--------------------- 19256, 19371
301------------------------- 19371

29. CFR
5------------------------------- 19304
5a------------------------------ 19305
55------------------------------ 19364
PROPOSED RULES:
1518------------------------ 19266
1910–----------------------- 19266

0-----------------------------!------------------------------13-----------------------------7°-----------------------------*-----------------------------94-----------------------------93-----------------------------9°-----------------------------PROPOSED RULES:

19438
19438
19440
19310
19367
19367
1936.7
19367

*-------------------------- 19323
73-------------------------- 19442
74------------------------ _ 19442

32A CFR

15 CFR
374----------------------------- 19437

OEP (Ch. I) :

49 CFR

ES Reg. 1:

25-----------------------------173----------------------------177----------------------------571----------------------------978----------------------------1933----------------------------

376----------------------------- 1943.7

379–----------------------------19437

Circ. 18--------------------- 19311
Circ. 19.--------------------- 19440

PROPOSED RULES:
7--------------------------- 19406

33 CFR
PROPOSED F.ULES:

17 CFR

**------------------------------ 19253
381----------------------- 19253, 19367

117------------------- 19391, 19392

1936.9
19370
19370
1925.4
19310
19370

PROPOSED RULES:

-

571------------------------- 19266

231----------------------------- 1936
241----------------------------- 19362

36 CFR

249----------------------------- 19363

PROPOSED F.ULES:

274----------------------------- 19363

50 CFR

2--------------------------- 19388

32------------------------ 19311, 19370

LIST OF FEDERAL REGISTER PAGES AND DATES-OCTOBER
Pages
19237–19291------------------19293–19351------------------19353–19430-------------------

Date

Oct. 1
2
5
19431–19484-------------------6