FEDERAL REGISTER VOLUME 35 . NUMBER 96 Saturday, May 16, 1970 • Washington, D.C. Pages 7631-7684

Agencies in this issue— Agency for International Development Agricultural Research Service Agriculture Department Atomic Energy Commission Business and Defense Services Administration Civil Service Commission Coast Guard Consumer and Marketing Service Customs Bureau Delaware River Basin Commission Education Office Engineers Corps Federal Aviation Administration Federal Housing Administration Federal Insurance Administration Federal Power Commission Federal Reserve System Food and Drug Administration General Services Administration Geological Survey Immigration and Naturalization Service Interstate Commerce Commission National Park Service National Transportation Safety Board Packers and Stockyards Administration Securities and Exchange Commission Social and Rehabilitation Service Detailed list of Contents appears inside. Announcing First 10-Y ear Cumulation

TABLES OF LAWS AFFECTED in Volumes 70-79 of the

/ UNITED STATES STATUTES AT LARGE

Lists all prior laws and other Federal in­ public laws enacted during the years 1956- struments which were amended, repealed, 1965. Includes index of popular name or otherwise affected by the provisions of acts affected in Volumes 70-79.

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Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERALM®ISTER Archives and Records Service, General Services Administration, Washington, D.C. 20408, Area Code 202 ^ _ Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I ). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o p F ederal R egulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op F ederal R egulations is sold by the Superintendent of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code op F ederal R egulations. Contents

AGENCY FOR INTERNATIONAL CIVIL SERVICE COMMISSION ENGINEERS CORPS DEVELOPMENT Notices Rules and Regulations Notices Noncareer executive assignments: Danger zone regulations; Gulf of Director, Office of Procurement C o u n cil on Environmental Mexico, Fla______7649 Management, and Chief, Serv­ Quality ______7669 ices Contracts Division, Bureau Department of Agriculture___ 7670 FEDERAL AVIATION for East Asia; redelegation of Department of Commerce (3 authority______7660 documents) ______7670 ADMINISTRATION Department of Housing and Rules and Regulations AGRICULTURAL RESEARCH Urban Development (4 docu­ ments) ___ 7670 Air carriers and commercial oper­ SERVICE Post Office Department______7670 ators of large aircraft; operat­ Rules and Regulations ing certificates and financial COAST GUARD reporting______7641 Hog cholera and other commu­ Maintenance, rebuilding, and al­ nicable swine diseases; areas Rul es and Regulations teration; deletion of recording quarantined ______7638 Vessels; revocation of designa­ requirements ______7641 Proposed Rule Making tion of Georgetown, S.C., as Technical standard order author­ Viruses, serums, toxins, and anal­ port of documentation______7651 izations; airborne ATC trans­ ogous products______7652 Notices ponder equipment; correction__ 7641 Equipment, construction, and ma­ Proposed Rule Making AGRICULTURE DEPARTMENT terials ; termination of approval; Airworthiness directive; SIAI See also Agricultural Research correction ______7671 Marchetti airplanes______7655 San Francisco Bay; security zone- 7671 Service ; Consumer and Market­ Control zones and transition ing Service ; Packers and Stock- areas; alterations (5 docu­ yards Administration. COMMERCE DEPARTMENT ments)______7656-7658 Notices See Business and Defense Services Transition areas: Forest Service; cancellation of Administration. A lteration______7657 regulations ______7661 Designation______7656 CONSUMER AND MARKETING ARMY DEPARTMENT SERVICE FEDERAL HOUSING See Engineers Corps. Rules and Régulations ADMINISTRATION ATOMIC ENERGY COMMISSION Handling limitations; f r u i t s Rules and Regulations g ro w n in Arizona and Mobile home loans; new or used Rules and Regulations California: mobile homes______7649 Implementation of National En­ Lemons______7637 vironmental Policy Act of 1969; Oranges, Valencia ______7637 FEDERAL INSURANCE extension of time for filing comments ______7640 CUSTOMS BUREAU ADMINISTRATION Information on safeguards and Ruler and Regulations Proposed Rule Making physical security measures re­ ceived from applications and Enforcement of customs and Statewide “FAIR” plans; exten­ licensees ______7639 navigation laws; merchandise sion of time for comments____ 7655 Material status reports and nu­ subject to forfeiture______7645 clear material transfer reports_ 7640 Vessels in foreign and domestic FEDERAL POWER COMMISSION Notices trades; special tonnage tax and light money; Malaysia______7645 Notices Carolina Power & Light Co.; pro­ posed issuance of facility oper­ Notices Hearings, etc.: ating license______7669 Tuna fish; tariff-rate quota_____ 7660 Arkansas Louisiana Gas Co___ 7673 Northern States Power Co.; re­ Ashland Oil & Refining Co___ 7673 sumption of hearing______7669 Connecticut Light and Power DEFENSE DEPARTMENT Co. et al______7674 BUSINESS AND DEFENSE See Engineers Corps. Delta Gas, Inc_____ !______7674 Mississippi River Transmission SERVICES ADMINISTRATION DELAWARE RIVER BASIN C o rp ------7675 Rules and Regulations Northwestern Public Service Co. COMMISSION and Northern Natural Gas Copper and copper-base alloys: Notices Co ------— 7675 Ammo strip set-aside______7648 Pacific Power & Light Co______7675 Domestic refined copper set- Comprehensive plan ; p u b l i c Phillips Petroleum Co. et al___ 7676 aside ___ 7648 hearing ______7671 Plaquemines Oil and Gas Co., Set-aside percentages______7648 Inc ------:------7676 Notices EDUCATION OFFICE Puget Sound Power & Light Co_ 7676 Applications and decisions on ap­ Shell Oil Co. et al______7671 plications for duty-free entry Notices Signal Oil and Gas Co. et al___ 7676 Valley Gas Transmission, Inc__ 7677 of scientific articles (11 docu­ Nationally recognized accrediting ments)______7662-7667 associations and agencies; list_ 7668 (Continued on next page) 7633 7634 CONTENTS

FEDERAL RESERVE SYSTEM GEOLOGICAL SURVEY NATIONAL TRANSPORTATION Notices Notices SAFETY BOARD First Arkansas Bankstock Corp.; Montana; coal land classification Notices modified order for oral presen­ order ______— ------7660 Aircraft accident at Binghamton, tation _____ ...______------7677 New Mexico and Wyoming; defini­ tions of known geologic struc­ N.Y.; investigation hearing___ 7671 FOOD AND DRUG tures of producing oil and gas PACKERS AND STOCKYARDS ADMINISTRATION fields______7660 ADMINISTRATION Rules and Regulations HEALTH, EDUCATION, AND Notices Drugs : WELFARE DEPARTMENT Combination drug containing See Education Office; Food and Allen Auction Co. et al.; posted erythromycin ethylsuccinate N Drug Administration; Social stockyards ______7661 and sulfanilamide______7647 and Rehabilitation Service. Bakersfield Cattle Auction et al.; Combination drugs for human proposed posting of stockyards. 7661 use containing triacetylolean- HOUSING AND URBAN domycin and sulfonamides-_ 7647 Food additives : DEVELOPMENT DEPARTMENT SECURITIES AND EXCHANGE Poloxalene------7646 See Federal Housing Administra­ COMMISSION Polyurethane resins------7646 tion; Federal Insurance Admin­ Rules and Regulations Peaches, canned; identity stand­ istration. ard; listing of ascorbic acid as Securities Exchange Act of 1934: optional ingredient------7645 IMMIGRATION AND Initial use of microfilm records. 7643 Proposed Rule Making NATURALIZATION SERVICE Report of income and expenses. 7644 Apricots, canned; quality stand- Notices ard; deletion of minimum Rules and Regulations weight requirement for apricot Miscellaneous amendments to Hearings, etc.: halves and quarters------7654 chapter ______7637 Baldwin Securities Corp------7678 Notices INTERIOR DEPARTMENT Columbia Gas System, Inc., and Drugs for human use; certain neo­ Nugasco, Inc..______1_____ 7679 mycin sulfate-containing drugs; See Geological Survey; National Northeast Utilities et al______7680 efficacy study implementation— 7667 Park Service. Food additive petitions: SOCIAL AND REHABILITATION Merck & Co., Inc.; withdrawal_ 7667 INTERSTATE COMMERCE Monsanto Co______7668 COMMISSION SERVICE Whitmoyer Laboratories, Inc.; Rules and Regulations Proposed Rule Making withdrawal of approval of new animal drug application for Interlocking officers; miscellane­ Administration of medifcal assist­ Vermex powder and poultry ous amendments------7651 ance programs; periodic medical tablets — ------7668 Notices review and medical inspections Fourth section applications for in skilled nursing homes and GENERAL SERVICES relief------7681 mental hospitals------7654 ADMINISTRATION Motor carrier temporary authority applications ______7681 Rules and Regulations STATE DEPARTMENT JUSTICE DEPARTMENT Federal supply schedule program; See Agency for International contractor’s report of orders See Immigration and Naturaliza­ Development. received------7649 tion Service. Procurement from or through TRANSPORTATION DEPARTMENT NATIONAL PARK SERVICE Federal sources------7650 See Coast Guard; Federal Aviation Storage and distribution; inter­ Notices Administration; National Trans­ agency cross-servicing in stor­ Concession permits and contracts: portation Safety Board. age activities______7650 Bandelier National Monument, Notices N. Mex______7660 TREASURY DEPARTMENT Secretary of Defense; delegations Glacier National Park, Mont— 7661 of authority (2 documents)----- 7678 Grand Canyon National Park— 7661 See Customs Bureau. CONTENTS 7635 List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1970, and specifies how they are affected.

7 CFR 14 CFR 32A CFR 908______■— 7637 37______£L:______7641 BDSA (Ch. VI) : 910______7637 43______7641 M -11A ______7648 121______7641 M-11A, Dir. 1—______7648 8 CFR P roposed R u l e s : M-11A, Dir. 2______7648 212______-______7637 39______:______7655 33 CFR 238_____ 7638 71 (7 documents)____;______7656-7658 242______- ______7638 204______7649 17 CFR 41 CFR 9 CFR 240 (2 documents)______7643, 7644 5A -73______7649 76______- _____ 7638 19 CFR 101-26— ______- 7650 101-28______7650 P roposed R u l e s : 4______:______7645 109______!______7652 23 ______- 7645 45 CFR 113 _ 7652 1 1 4______- ______7652 21 CFR P roposed R u l e s : 121______- ______7652 27______7645 250______7654 121 (2 documents)------7646 10 CFR 148e______7647 46 CFR 2 (2 documents)______7639, 7640 148m______— ------7647 66______7651 50______7640 P roposed R u les : 70______7640 27______7654 49 CFR 150______7640 1112— ______i ------7651 24 CFR 201______- ______7649 P roposed R u l e s : 1905. 7655

7637 Rules and Regulations

(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. dation of the committee, and information Title 7— AGRICULTURE 601-674) concerning such provisions and effective Dated: May 13,1970. time has been disseminated among han­ Chapter IX— Consumer and Market­ dlers of such lemons; it is necessary, in ing Service (Marketing Agreements P aul A. Nicholson, order to effectuate the declared policy of and Orders; Fruits, Vegetables, Deputy Director, Fruit and the act, to make this section effective Vegetable Division, Consumer Nuts), Department of Agriculture during the period herein specified; and and Marketing Service. compliance with this section will not re­ [Valencia Orange Reg. 312, Amdt. 1] [F.R. Doc. 70-6102; Filed, May 15, 1970; quire any Special preparation on the part PART 908— VALENCIA ORANGES 8:51 a.m.] of persons subject hereto which cannot be completed on or before the effective GROWN IN ARIZONA AND DESIG­ date hereof. Such committee meeting was NATED PART OF CALIFORNIA [Lemon Reg. 427] held on May 12,1970. Limitation of Handling PART 910— LEMONS GROWN IN (b) Order. (1) The respective quan­ CALIFORNIA AND ARIZONA tities of lemons grown in California and Findings. (1) Pursuant to the market­ Arizona which may be handled during ing agreement, as amended, and Order Limitation of Handling the period May 17,1970, through May 23, No. 908, as amended (7 CFR Part 908, 33 1970, are hereby fixed as follows: F.R. 19829) regulating the handling of § 910.727 Lemon Regulation 427. (1) District 1: 4,650 cartons; Valencia oranges grown in Arizona and (a) Findings. (1) Pursuant to the (ii) District 2: 311,550 cartons; designated part of California, effective marketing agreement, as amended, and (iii) District 3: Unlimited movement. under the applicable provisions of the Order No. 910, as amended (7 CFR Part (2) As used in this section, “handled,” Agricultural Marketing Agreement Act 910), regulating the handling of lemons “District 1,” “District 2,” “District 3,” of 1937, as amended (7 U.S.C. 601-674), grown in California and Arizona, effec­ and “carton” have the same meaning as and upon the basis of the recommenda­ tive under the applicable provisions of when used in the said amended market­ tion and information submitted by the the Agricultural Marketing Agreement ing agreement and order. Valencia Orange Administrative Com­ Act of 1937, as amended (7 U.S.C. 601- (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C, mittee, established under the said 674), and upon the basis of the recom­ 601-674) amended marketing agreement and mendations and information submitted order, and upon other available informa­ by the Lemon Administrative Committee, Dated: May 14,1970. tion, it is hereby found that the limita­ established under the said amended mar­ P aul A. Nicholson, tion of handling of such Valencia keting agreement and order, ahd upon Deputy Director, Fruit and Veg­ oranges, as hereinafter provided, will other available information, it is hereby etable Division, Consumer and tend to effectuate the declared policy of found that the limitation of handling Marketing Service. of such lemons, as hereinafter provided, the act. [F.R. Doc. 70-6136; Filed, May 15, 1970; (2) It is hereby further found that itwill tend to effectuate the declared policy 8:53 a.m.] is impracticable and contrary to the of the act. public interest to give preliminary (2) It is hereby further found that it notice, engage in public rule-making is impracticable and contrary to the procedure, and postpone the effective public interest to give preliminary notice, Title 8— ALIENS AND date of this amendment until 30 days engage in public rule-making procedure, after publication thereof in the F ederal and postpone the effective date of this NATIONALITY R egister (5 U.S.C. 553) because the time section until 30 days after publication intervening between the date when in­ hereof in the F ederal R eg ister (5 U.S.C. Chapter I— Immigration and Natural­ formation upon which this amendment 553) because the time intervening be­ ization Service, Department of Justice is based became available and the time tween the date when information upon when this amendment- must become which this section is based became avail­ MISCELLANEOUS AMENDMENTS TO effective in order to effectuate the de­ able and the time when this section must CHAPTER clared policy of the act is insufficient, become effective in order to effectuate The following amendments to Chap­ and this amendment relieves restriction the declared policy of the act is insuffi­ cient, and a reasonable time is permitted, ter I of Title 8 of the Code of Federal on the handling of Valencia oranges under the circumstances, for preparation Regulations are hereby prescribed: grown in Arizona and designated part of for such effective time; and good cause PART 212— DOCUMENTARY RE­ California. exists for making the provisions hereof QUIREMENTS: NONIMMIGRANTS; Order, as amended. The provision in effective as hereinafter set forth. The WAIVERS; ADMISSION OF CERTAIN paragraph (b)(1) (i), (ii), and (iii) of committee held an open meeting during INADMISSIBLE ALIENS; PAROLE § 908.612 (Valencia Orange Reg. 312, 35 the current week, after giving due notice thereof, to consider supply and market F.R. 7173) are hereby amended to read Paragraph (c) of § 212.4 is amended conditions for lemons and the need for to read as follows: as follows : regulation; interested persons were af­ § 908.612 Valencia Orange Regulation forded an opportunity to submit infor­ § 212.4 Applications for the exercise of 312. mation and views at this meeting; the discretion under section 2 1 2 (d )( 3 ). * * * * * * * * * * recommendation and supporting infor­ mation fon regulation during the period (b) Order. (1) * * * (c) Terms of authorization. Each au­ specified herein were promptly sub­ thorization under section 212(d) (3) (A) (i) District 1: 270,000 cartons; mitted to the Department after such or (B) of the Act shall specify (1) each (ii) District 2: 315,000 cartons; meeting was held; the provisions of this section of law under which the alien is (iii) District 3: 165,000 cartons. section, including its effective time, are inadmissible; (2) the Intended date of ***** identical with the aforesaid recommen­ each arrival; (3) the length of each stay

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7638 RULES AND REGULATIONS authorized in the United States; (4) the territory or islands is amended by adding purpose of each stay; (5) the number of the following transportation line in al­ Title 9— ANIMALS AND entries for which the authorization is phabetical sequence: “P & O Lines (North valid; (6) the dates on or between which America) Inc.” ANIMAL PRODUCTS each application for admission at ports § 238.4 [Amended] of entry in the United States is valid, Chapter I— Agricultural Research and (7) the justification for exercising 2. The listing of transportation lines Service, Department of Agriculture the authority contained in section 212(d) uner “At Winnipeg” of § 238.4 Prein­ SUBCHAPTER C— INTERSTATE TRANSPORTATION (3) of the Act. If the consular officer has spection outside the United States is OF ANIMALS AND POULTRY recommended under section 212(d)(3) amended by adding the following trans­ (A ), or an applicant under section 212 portation line in alphabetical sequence: PART 76— HOG CHOLERA AND (d) (3) (B) seeks, the issuance of an au­ “North Central Airlines.” OTHER COMMUNICABLE SWINE thorization valid for multiple entries DISEASES rather than for a specified number of en­ tries, and it is determined that the cir­ PART 242— PROCEEDINGS TO DETER­ Areas Quarantined cumstances justify the issuance of the MINE DEPORTABILITY OF ALIENS Pursuant to provisions of the Act of authorization valid for multiple entries, IN THE UNITED STATES: APPREHEN­ May 29, 1884, as amended, the Act of the information required by items (2) SION, CUSTODY, HEARING, AND February 2, 1903, as amended, the Act and (3) shall be specified only with re­ APPEAL of March 3, 1905, as amended, the Act of spect to the initial entry. Item (2) does September 6,1961, and the Act of July 2, not apply to a bona fide crewman. Au­ § 242.17 [Amended] 1962 (21 U.S.C. 111-113, 114g, 115, 117, thorizations granted to crewmen may be 1. The first sentence of paragraph (a) 120, 121, 123-126, 134b, 134f), Part 76, valid for a maximum period of 2 years for Creation of the status of an alien law­ Title 9, Code of Federal Regulations, re­ application for admission at U.S. ports of fully admitted for permanent residence stricting the interstate movement of entry and may be valid for multiple en­ of § 242.17 Ancillary matters, applica­ swine and certain products because of tries. An authorization issued in con­ tions is amended to read as follows: “The hog cholera and other communicable junction with an application for a non­ respondent may apply to the special in­ swine diseases, is hereby amended in the resident alien border crossing card shall quiry- officer for suspension of deporta­ following respects: be valid for a period not to exceed the tion under section 244(a) of the Act, 1. In § 76.2, paragraph (e) (4) relating validity of such card for applications for for adjustment of status under section to the State of Illinois, is amended to admission at U.S. ports of entry and shall 245 of the Act, or under section 1 of the read: be valid for multiple entries. A multiple Act of November 2, 1966, or for creation (4) Illinois, (i) That portion of entry authorization for a person other of a record of lawful admission for per­ than a crewman or applicant for a border Menard County comprised of Road Dis­ manent residence under section 214(d) tricts 3 and 11. crossing card may be made valid for a or 249 of the Act; such applications shall maximum period of 1 year for applica­ (ii) That portion of Kendall County be subject to the requirements contained comprised of Kendall and Fox tions for admission at U.S. ports of entry, in Parts 244, 245, and 249 of this chapter.” except that a period in excess of 1 year Townships. may be permitted on the recommenda­ § 242.22 [Amended] 2. In § 76.2, in paragraph (e) (16) re­ tion of the Department of State. A single 2. Section 242.22 Reopening or recon­ lating to the State of Virginia, subdivi­ entry authorization to apply for admis­ sideration is amended by adding the fol­ sion (i) relating to Augusta County; sub­ sion at a U.S. port of entry shall not be lowing sentence after the existing third division (v) relating to Rockbridge valid for more than 6 months from the County; and subdivision (viii) relating sentence: “The filing of an application to Isle of Wight and Southampton date the authorization is issued. All ad­ for adjustment of status under section Counties are deleted; and subdivision missions pursuant to section 212(d)(3) 245 of the Act may be considered as the of the Act shall be subject to the terms (vi) relating to Surry, Isle of Wight, motion to reopen when the application Southampton, and Sussex Counties is and conditions set forth in the authoriza­ shows new material not available or as­ tion. The period for which the alien’s ad­ certainable at the time of the deportation amended to read: mission is authorized pursuant to item hearing.” (16) Virginia. * * * (3) shall not exceed the period justified, (vi) The adjacent portions of Surry, subject to the limitations specified in (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) Isle of Wight, Southampton, and Sussex Part 214 of this chapter for each class This order shall be effective on the Counties bounded by a line beginning at the junction of Secondary Highways 612 of nonimmigrants. Each' authorization date of its publication in the F édérai. and 611 in Surry County; thence, follow­ shall specify that it is subject to revoca­ R eg ister. Compliance with the provi­ ing Secondary Highway 611 in a south­ tion at any time. Unless the alien applies sions of section 553 of title 5 of the United easterly direction to Secondary Highway for admission during the period of va­ States Code (80 Stat. 383), as to notice 616; thence, following Secondary High­ of proposed rule making and delayed ef­ lidity of the authorization, a new author­ way 616 in a southwesterly direction to ization is required. An authorization may fective date, is unnecessary in this in­ stance and would serve no useful purpose Secondary Highway 615; thence, follow­ not be revalidated. because- the amendments to §§ 212.4(c) ing Secondary Highway 615 in a gener­ ally southeasterly direction to Primary and 242.22 confer benefits upon persons State Highway 31; thence, following PART 238— CONTRACTS WITH affected thereby; the amendment to Primary State Highway 31 in a north­ TRANSPORTATION LINES § 242.17(a) relates to agency procedure; easterly direction to Secondary Highway § 238.2 [Amended] and the amendments to §§ 238.2(b) (1) 616; thence, following Secondary High­ and 238.4 add transportation lines to the way 616 in a generally northeasterly di­ 1. The listing of transportation lines in rection to Secondary Highway 626; subparagraph (1) Canada of paragraph listings. thence, following Secondary Highway (b) Agreements with transportation lines Dated: May 12,1970. 626 in a generally southeasterly direction of § 238.2 Transportation lines bringing to Secondary Highway 621; thence, fol­ R aymond F . F arrell, lowing Secondary Highway 621 in a aliens to the United States from or Commissioner of southwesterly direction to Secondary through foreign contiguous territory or Immigration and Naturalization. Highway 680; thence, following Second­ adjacent islands and lines bringing aliens [F.R. Doc. 70-6088; FUed, May 15, 1970; ary Highway 680 in a southeasterly di­ destined to the United States into such 8:50 am.] rection to Secondary % Highway 683;

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 RULES AND REGULATIONS 7639

thence, following Secondary Highway R. 5 W.; thence following the southern Accordingly, under the administrative 683 in a southerly direction to Secondary boundaries of secs. 18, 17, 16, 15, 14, and procedure provisions in 5 U.S.C. 553, it is Highway 623; thence, following Second­ 13, of T. 6 S., R. 5 W. in an easterly direc­ found upon good cause that notice and ary Highway 623 in a westerly direction tion to County Road 41; thence, following other public procedure with respect to to Secondary Highway 621; thence, fol­ County Road 41 in a generally northerly the amendments are impracticable, un­ lowing Secondary Highway 621 in a direction to its junction with State necessary, and contrary to the public southwesterly direction to Secondary Highway 24. interest, and good cause is-found for Highway 637 ; thence, following Second­ (ii) The adjacent portions of Morgan making them effective.less than 30 days ary Highway 637 in a southeasterly di­ and Cullman Counties bounded by a line after publication in the F ederal rection to Secondary Road 620; thence, beginning at the junction of State High­ R eg ister . following Secondary Road 620 in a gen­ way 69 and the Simcoe School-Gold Done at Washington, D.C., this 13th erally southwesterly direction to Second­ Ridge-Friendship Church Road; thence, day of May 1970. ary Highway 646; thence, following Sec­ following the Simcoe School-Gold Ridge- ondary Highway 646 in a southeasterly Friendship Church Road in a generally G eorge W. I rving, Jr., direction to Secondary Highway 644; northerly direction to Keller Creek; Administrator, thence, following Secondary Highway 644 thence, following the east bank of Keller Agricultural Research Service. in a southwesterly direction to Secondary Creek in a generally northeasterly direc­ [F.R. Doc. 70-6100; Filed, May 15, 1970; Highway 646; thence, following Second­ tion to Cotaco Creek; thence, following 8:51 a.m.[ ary Highway 646 in a southeasterly direc­ the east bank of Cotaco Creek in a gen­ tion to Secondary Highway 638; thence, erally northwesterly direction to State following Secondary Highway 638 in a Highway 67; thence, following State southwesterly direction to Secondary Highway 67 in a southeasterly direction Title 10— ATOMIC ENERGY Highway 603; thence, following Second­ to State Highway 69; thence, following ary Highway 603 in a generally south­ State Highway 69 in a generally south­ Chapter I— Atomic Energy westerly direction to Secondary Highway westerly direction to its junction with Commission 635; thence, following Secondary High­ the Simcoe School-Gold Ridge-Friend­ PART 2— RULES OF PRACTICE way 635 in a generally northeasterly di­ ship Church Road. rection to U.S. Highway 460; thence, fol­ (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, Information on Safeguards and Phys­ lowing U.S. Highway 460 in a northwest­ 2, 32 Stat. 791-792, as amended, secs. 1-4, ical Security Measures Received erly direction to Secondary Highway 618; 33 Stat. 1264, 1265, as amended, sec. 1, 75 thence, following Secondary Highway Stat. 481, secs. 3 and 11, 76 Stat. 130, 132; From Applicants and Licensees 618 in a northeasterly direction to Sec­ 21 U.S.C. 111, 112, 113, 114g, 115, 117, 120, On April 25, 1969, the Atomic Energy ondary Highway 604; thence, following 121, 123-126, 134b, 134f; 29 F.R. 16210, as Commission published in the F ederal amended) Secondary Highway 604 in a generally R egister (34 F.R. 6931) proposed amend­ northwesterly direction to Secondary Effective date. The foregoing amend­ ments to its rules of practice in 10 CFR Highway 603 ; thence, following Second­ ments shall become effective upon Part 2. The proposed amendments would ary Highway 603 in a generally northerly issuance. provide that correspondence between direction to Secondary Highway 614; The amendments quarantine portions licensees or license applicants and the thence, following Secondary Highway 614 of Morgan q,nd Cullman Counties in Commission regarding the safeguarding in a generally southwesterly direction to of licensed special nuclear material and U.S. Highway 460; thence, following U.S. Alabama, and portions of Isle of Wight and Southampton Counties in Virginia detailed physical security measures for Highway 460 in a northwesterly direction because of the existence of hog cholera. licensed production and utilization fa­ to Primary State Highway 40; thence, cilities would be treated by the Commis­ following Primary State Highway 40 in a This action is deemed necessary to pre­ vent further spread of the disease. The sion as exempt from public disclosure southwesterly direction to Secondary pursuant to 10 CFR 9.5(a)(4)' of the Highway 651; thence, following Second­ restrictions pertaining to the interstate movement of swine and swine products Commission’s regulations unless, pursu­ ary Highway 651 in a generally north­ ant to 10 CFR 9.10, the Director of Regu­ westerly direction to Secondary Highway from or through quarantined areas as contained in 9 CFR Part 76, as amended, lation determines that its production or 626; thence, following Secondary High­ disclosure would not be contrary to the way 626 in a generally northwesterly di­ will apply to such counties. The amendments also exclude portions public interest and would not adversely rection to Secondary Highway 602; affect the rights of any person. thence, following Secondary Highway 602 of Franklin, Monroe and St. Clair in a generally northeasterly direction to Counties in Illinois, and portions of All interested persons were invited to Secondary Highway 601; thence, follow­ Augusta and Rockbridge Counties in submit written comments and sugges­ ing Secondary Highway 601 in a gen­ Virginia from the areas heretofore quar­ tions for consideration in connection erally southeasterly direction to Primary antined because of hog cholera. There­ with the proposed amendments within State Highway 40; thence, following Pri­ fore, the restrictions pertaining to the 60 days after publication of the notice mary State Highway 40 in a northeast­ interstate movement of swine and swine of proposed rule making in the F ederal erly direction to Secondary Highway 615; products from or through quarantined R eg ister. After consideration of the ma­ thence, following Secondary Highway 615 areas as contained in 9 CFR Part 76, as terial received in response to the notice in a southeasterly direction to Secondary amended, will not apply to the excluded and other factors involved, the Commis­ Highway 612; thence, following Second­ areas, but will continue to apply to the sion has adopted the proposed amend­ ary Highway 612 in a generally north­ quarantined areas described in § 76.2. ments. The text of the amendments set easterly direction to its junction with Further, the restrictions pertaining to out below is identical with the text of the Secondary Highway 611. the interstate movement from nonquar- proposed amendments published April 25, antined areas contained in said Part 76 1969. •' 3. In § 76.2, paragraph (e) (2) relating Pursuant to the Atomic Energy Act of to the State of Alabama is amended to will apply to the areas excluded from read: quarantine. 1954, as amended, and sections 552 and Insofar as the amendments impose 553 of title 5 of the United States Code, (2) Alabama, (i) That portion of Mor­ the following amendments of Title 10, gan County bounded by a line beginning certain further restrictions necessary to prevent the interstate spread of hog Chapter I, Code of Federal Regulations, at the junction of State Highway 24 and Part 2, are published as a document sub­ County Road 41; thence, following State cholera they must be made effective im­ ject to codification to be effective 30 mediately to accomplish their purpose in Highway 24 in a southwesterly direction days after publication in the F ederal to the Morgan-Lawrence County line; the public interest. Insofar as they re­ R eg ister. thence, following the Morgan-Lawrence lieve restrictions, they should be made Paragraph (a) of § 2.790 is amended County line in a southerly direction to the effective promptly in order to be of maxi­ and a new paragraph (d) is added to read southern boundary of sec. 18, of T. 6 S., mum benefit to affected persons. as follows:

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 No. 96------2 7640 RULES AND REGULATIONS

§ 2.790 Public inspection, exceptions, Comments received after that period the comments received, and other fac­ requests for withholding. will be considered if it is practicable to tors involved, the Commission has (a) Except as provided in paragraphs do so, but assurance of consideration adopted the amendments set forth below. (b) and (d) of this section, correspond­ cannot be given except as to comments The only difference from the amend­ ence or portions of correspondence to and filed within the period specified. Copies ments published for comment is the from the AEC regarding the issuance, of comments received on the proposed dates for submitting Material Status denial, amendment, transfer, renewal, amendments may be examined at the Reports. The Commission has decided to modification, suspension, revocation or Commission’s Public Document Room at retain the dates of June 30 and Decem­ violation of a license, permit, or order, 1717 H Street NW„ Washington, D.C. ber 31 for filing these reports, rather or regarding a rule making proceeding (Sec. 161, 68 Stat. 948; 42 U.S.C. 2201) than changing the dates to March 31 and subject to this Part 2 shall not be exempt September 30. Dated at Germantown, Md., this 12th At the request of persons commenting from disclosure and will be made avail­ day of May 1970. able for inspection and copying in the on Form AEC-741, the form has been AEC Public Document Room. For the Atomic Energy Commission. changed to accommodate the reporting * * * * * of additional data on transactions in­ W . B . M cCool, volving privately owned material. Some (d) Correspondence and reports to or Secretary. changes have also been made in the from the AEC which identify a licensee’s [F.R. Doc. 70-6084; Filed, May 15, 1970; instructions for completing this form. or applicant’s control and accounting 8:50 a.m.] Form AEC-742 has been changed to procedures for safeguarding licensed require separate line entries for mate­ special nuclear material or detailed secu­ rial procured from and sold to the Com­ rity measures for the physical protection PART 70— SPECIAL NUCLEAR mission. The instructions for complet­ of a licensed facility, shall be deemed to MATERIAL ing the form have been changed in some be commercial or financial information PART 150— EXEMPTIONS AND CON­ respects, including a provision that within the meaning of § 9.5(a) (4) of Form AEC-742 shall be signed by the this chapter and shall be subject to dis­ TINUED REGULATORY AUTHORITY licensee if an individual, by a partner if closure only in accordance with the pro­ IN AGREEMENT STATES UNDER the licensee is a partnership, or by an visions of § 9.10 of this chapter. SECTION 274 officer if the licensee is a corporation. (Sec. 161, 68 Stat. 948; 42 U.S.C. 2201) Material Status Reports and Nuclear Pursuant to the Atomic Energy Act of 1954, as amended, and sections 552 and Dated at Washington, D.C., this 28th Material Transfer Reports day of April 1970. 553 of title 5 of the United States Code, On June 10, 1969, the Atomic Energy the following amendments to 10 CFR For the Atomic Energy Commission. Commission published for comment in Parts 70 and 150 are published as a W. B . M cCool, the F ederal R egister (34 F.R. 9125) pro­ document subject to codification, .to be Secretary. posed amendments of its regulations'in effective 30 days after publication in the 10 CFR Parts 70 and 150 which would F ederal R eg ister . [F.R. Doc. 70-6017; Filed, May 15, 1970; 8:45 a.m.] (a) require AEC licensees who are 1. Section 70.53 of 10 CFR Part 70 is authorized to possess at any one time revised to read as follows: and location special nuclear material in § 70.53 Material status reports. PART 2— RULES OF PRACTICE a quantity totaling more than 350 grams of uranium-235, oiranium-233, or plu­ Each licensee who is authorized to PART 50— LICENSING OF PRODUC­ tonium, or any combination thereof, to possess at any one time and location TION AND UTILIZATION FACILITIES submit semiannually to the Commission special nuclear material in a quantity material status reports concerning all totaling more than 350 grams of con­ Implementation of National Environ­ special nuclear material received, pro­ tained uranium-235, uranium-233, or mental Policy Act of 1969; Exten­ duced, possessed, transferred, consumed, plutonium, or any combination thereof, sion of Time for Filing Comments disposed of or lost, without regard to shall complete and submit to the Com­ the origin of the material or the author­ mission Material Status Reports on The Atomic Energy Commission pub­ ity under which the Commission may Form AEC-742, in accordance with lished a notice of rule making on April 2, have distributed the material and (b) printed instructions for completing the 1970 (35 F.R. 5463), effective immedi­ require AEC and Agreement State form, concerning special nuclear mate­ ately, which (a) added a new Subpart D licensees to inform the Commission of rial received, produced, possessed, trans­ to Part 50 indicating the manner in each transfer and receipt of special ferred, consumed, disposed of or lost by which the Commission will exercise its nuclear material involving 1 gram the licensee. All such reports shall be responsibilities under the National En­ or more of contained uranium-235, made as of June 30 and December 31 vironmental Policy Act of 1969 with re­ urjanium-233, or plutonium, regardless of each year and shall be filed with the spect to the licensing of power reactors of origin. New report Forms JVEC-741 Commission within thirty (30) days and fuel reprocessing plants, pending (1) and AEC-742 were also proposed to re­ after the end of the period covered by the development of more detailed proce­ place existing« Forms AEC-577, AEC- the report. The Commission may permit dures, in consultation with the Council 578, AEC-101, and AEC-388. a licensee to submit Material Status Re­ on Environmental Quality, (2) the devel­ These reports provide information ports at other times when good cause is opment of arrangements between the needed by the Commission in carrying shown. Commission and other Federal agencies out its responsibility for assuring that that may be designated as having juris­ 2. * Section 70.54 of 10 CFR Part 70 is special nuclear material is adequately revised to read as follows: diction by law or special expertise in safeguarded in the interest of the com­ environmental matters, and (3) the mon defense and security of the United § 70.54 Nuclear material transfer enactment of such legislation as may be States. The reports also provide the reports. proposed by the Commission in compli­ Commission information necessary in Each licensee who transfers and each ance with section 103 of that Act, and billing licensees for consumption of spe­ licensee who receives special nuclear (b) made a conforming amendment to cial nuclear material that was obtained material shall complete and distribute Part 2. under lease from the Commission. Nuclear Material Transfer Reports on Interested persons were invited to file All interested persons were invited to Form AEC-741, in accordance with comments or suggestions within 30 days submit written comments and sugges­ printed instructions for completing the after publication of the notice in the tions for consideration in connection form, whenever he transfers or receives F ederal R eg ister. with the proposed amendments within a quantity of special nuclear ipaterial The Commission is hereby extending 60 days after publication of the notice of 1 gram or more of contained uranium- the time for filing comments to June 1, of proposed rule making in the F ederal 235, uranium-233, or plutonium. Each 1970. R eg ister. After careful consideration of licensee who transfers such material

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 RULES AND REGULATIONS 7641 shall submit a copy of Form AEC-741 to [Docket No. 10307; Amdt. 43-13] to the discretion of the person perform­ ing an annual inspection. the Commission and a copy to the re­ PART 43— MAINTENANCE, PREVEN­ ceiver of the material promptly after the Since this amendment relieves a re­ transfer takes place. Each licensee who TIVE MAINTENANCE, REBUILDING, striction and imposes no additional bur­ receives special nuclear material shall AND ALTERATION den on any person, notice and public submit a copy of Form AEC-741 to the Deletion of Recording Requirements procedures hereon are unnecessary. Commission and to the shipper of the In consideration of the foregoing, material within ten (10) days after the The purpose of this amendment to Part 43 of the Federal Aviation Regula­ special nuclear material is received. Part 43 of the Federal Aviation Regula­ tions is amended, effective June 15, 1970, (Secs. 161 b., i., o„ 68 Stat. 948; 42 U.S.C. tions is to amend § 43.11 by eliminating as follows: 2201 (b), (i), (o)) the requirement for execution of FAA 1. Section 43.11(b) is amended to read Form 8320-3—Aircraft Use and Inspec­ as follows: 3. Section 150.16 of 10 CFR Part 150 istion Report (now referred to in Appendix revised to read as follows: C as FAA Form 3350). § 43.11 Content, form, and disposition § 150.16 Submission to Commission of Section 43.11(b) requires each person of annual, 100-hour, and progressive nuclear material transfer reports. performing an annual or progressive inspection records. * * * * * Each person who transfers and each inspection to complete the FAA Form person who receives special nuclear ma­ and dispose of it as prescribed in Ap­ s (b) Listing of discrepancies. If the terial pursuant to an Agreement State pendix C. Appendix C requires each per­ 'person performing an annual inspection license shall complete and distribute Nu­ son performing an annual or progressive finds that the aircraft is unairworthy or clear Material Transfer Reports on Form inspection to execute an FAA Form does not meet the applicable type cer­ AEC-741, in accordance with printed in­ 8320-3 (referred to in the regulations as tificate data, airworthiness directives, or structions for completing the form, FAA Form 3350) and submit that form other approved data upon which air­ whenever he transfers or receives a within a prescribed time to the appro­ worthiness depends, he shall give the quantity of special nuclear material of priate FAA District Office. If the annual owner or lessee a signed and dated copy 1 gram or more of contained uranium- inspection reveals that the aircraft is in of a list of discrepancies. If the aircraft 235, uranium-233, or plutonium. Each an unairworthy condition, that person is not approved for return to service, he person who transfers such material shall must also submit, together with the shall send the list of discrepancies to submit a copy of Form AEC-741 to the aforementioned form, a list of discrepan­ the local FAA District Office, within 48 Commission and a copy to the receiver cies to the FAA and a list of discrepan­ hours after completing the inspection. of the material promptly after the trans­ cies to the owner or lessee of the aircraft. Form 8320-3 is divided into three sec­ 2. Appendix C—Recording of Annual fer takes place. Each person who receives and Progressive Inspections is revoked. special nuclear material shall submit a tions covering the identification of the copy of Form AEC-741 to the Commis­ aircraft to be inspected, information (Sec. 313(a), 601, Federal Aviation Act of concerning the activity of that aircraft, 1958, 49 U.S.C. 1354(a), 1421; sec. 6 (c), De­ sion and to the shipper of the material partment of Transportation Act, 49 U.S.C. and the inspection report. 1655(c)) within ten (10) days after the special It has been determined by the FAA nuclear material is received. No te: The reporting and/or recordkeeping that the information contained in FAA requirements contained herein have been (Secs. 161 b., i., o., 274, 68 Stat. 948, 73 Stat. Form 8320-3 concerning the identifica­ approved by the Bureau of the Budget in 688; 42 U .S.0.2201 (b ), (i), (o),2021) tion and the activity of an aircraft does accordance with the Federal Reports Act of not meet the needs of the FAA. Thus, in 1942. Dated at Germantown, Md., this 4th Amendments 47-10 and 91-72, effective day of May 1970. March 7, 1970, the FAA requests that Issued in Washington, D.C., on May 11, For the Atomic Energy Commission. identification and activity information 1970. involving the make, model, registration, J. H. S h affer, W . B. M cC ool, Administrator. Secretary. and serial number of the aircraft and the name and address of the owner be [F.R. Doc. 70-6050; Filed, May 15, 1970; [P.R. Doc. 70-6018; Piled, May 15, 1970; provided on new AC Form 8050-73. Thus, 8:47 a.m.] 8:45 a.m.] with the exception of the inspection re­ port, FAA Form 8320-3 now serves no useful purpose. Moreover, the FAA has SUBCHAPTER G— AIR CARRIERS, AIR TRAVEL CLUBS, AND OPERATORS FOR COMPENSATION detrmined that required information OR HIRE: CERTIFICATION AND OPERATIONS Title 14— AERONAUTICS AND concerning annual and progressive in­ spections can be obtained from perma­ (Docket No. 9516; Amdt. 121-62] SPACE nent maintenance records for the aircraft PART 121— CERTIFICATION AND OP­ kept by the registered owner or operator ERATIONS: DOMESTIC, FLAG, AND Chapter I— Federal Aviation Adminis­ of the aircraft and from records that are tration, Department of Transportation required to be kept by certificated repair SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF SUBCHAPTER C— AIRCRAFT stations. Therefore, since there is no longer any need at all for the majority of 1ARGE AIRCRAFT [Docket No. 9724, Amdt. 37-21 ] the data covered by FAA Form 8320-3, Appendix C of Part 43 which is devoted Operating Certificates and Financial PART 37— TECHNICAL STANDARD Reporting ORDER AUTHORIZATIONS entirely to recording of annual and progressive inspections on the FAA Form The purposes'of this amendment to Airborne ATC Transponder Equipment 8320-3, will be revoked. Part 121 of the Federal Aviation Regu­ Correction Although FAA Form 8320-3 (FAA lations are to provide for indefinite cer­ Form 3350) will no longer be required, tification of commercial operators after In F.R. Doc. 70-5315 appearing at page the FAA still needs information on any 4 years of continuous operation under 6914 in the. issue for Friday, May 1, 1970, unairworthy feature of an aircraft. annually renewed certificates and to make the following change under amend­ Therefore, the listing of discrepancies change the financial reporting require­ atory paragraph 15 to § 37.180: At the now required in § 43.11(b) and in para­ ments for all holders of commercial graph (b) (2) of present Appendix C will operator operating certificates. end of paragraph d. of section 3.1, add be retained; although the form of the This amendment was originally pro­ “2.11; and 2.13a must be met.”. document containing the listing is left posed in Notice 69-16 and published in

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7642 RULES AND REGULATIONS the F ederal R egister on April 10, 1969 ators. Also, the preparation of these fi­ cates to unnecessarily duplicate financial (34 F.R. 6333). Comments were received nancial reports is a common practice in information previously reported under from several commercial operators and private industry, and thus the require­ the regulation in effect prior to this other organizations, and generally speak­ ment places no real burden on the oper­ amendment. Accordingly, authority has ing they dealt with five aspects of the ator. The FAA agrees with one commen­ been provided in § 121.55(b) to permit proposed regulations, each of which is tator who suggested that submission of a particular certificate holder to deviate discussed in the balance of the preamble. publicly audited financial reports be al­ from the new reporting requirements to Several comments were addressed to lowed in compliance with the reporting the extent necessary to avoid unneces­ the proposed requirement in § 121.49 that requirement. Of course, in such case the sary duplication. Deviations authorized projections of proposed operations be publicly audited report would have to will terminate on September 30, 1970, made with regard to estimated sources contain all the information required by since thereafter the occurrence of dupli­ and amounts of revenue, estimated § 121.55. cate reporting appears unlikely. amount of expenses, estimated net profit Closely related to the above objection, Interested persons have been given an or loss, and estimated cash required f

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 RULES AND REGULATIONS 7643

(d) An itemization of claims in litiga­ ever, a certificate issued to an applicant proved by the Bureau of the Budget in tion, if any, against the applicant as of who has held operating certificates con­ accordance with the Federal Reports Act of the date of application showing each tinuously for at least 4 years immedi­ 1942. claimant’s name and address and a de­ ately preceding the date of issuance, is Issued in Washington, D.C., on May 11, scription and the amount of the claim. issued without a specific expiration date. 1970. (e) In the case, of an application for (c) The Administrator may suspend J . H. S h affer, original issue, a detailed projection of or revoke a certificate under section 609 Administrator. the proposed operation covering 6 com­ of the Federal Aviation Act of 1958 and [F.R. Doc. 70-6051; Filed, May 15, 1970; plete months after the month in which the applicable procedures of Part 13 of 8:47 a.m.] the certificate is expected to be issued this chapter for any cause that, at the including— time of suspension or revocation, would (1) Estimated amount and source of have been grounds for denying an appli­ both operating and nonoperating reve­ cation for a certificate. Title 17— COMMODITY AND nue, including identification of its ex­ (d) Any certificate issued under this isting and anticipated income producing subpart ceases to be effective if it is contracts and estimated revenue per mile surrendered, suspended, or revoked. SECURITIES EXCHANGES or hour of operation by aircraft type; (e) If the Administrator suspends or Chapter II— Securities and Exchange (2) Estimated amount of operating revokes a certificate or it is otherwise Commission and nonoperating expenses by expense terminated, the holder of that certificate objective classification; and shall return it to the Administrator. [Release No. 34-8875] (3) Estimated net profit or loss for 4. By amending § 121.55 to read asPART 240— GENERAL RULES AND the period. follows: REGULATIONS, SECURITIES EX­ (f) An estimate of the cash that will CHANGE ACT OF 1934 be needed for the proposed operations § 121.55 Commercial operator: periodic dining the first 6 months after the month financial reports.- Initial Use of Microfilm Records in which the certificate is expected to be (a) Each holder of a commercial issued, including— The Securities and Exchange Commis­ operator operating certificate shall sub­ sion today announced the adoption of an (1) Acquisition of property and equip­ mit a financial report for the first 6 ment (explain) ; amendment to Rule 17a-4(f) (17 CFR months of each fiscal year and another 240.17a-4(f)) under the Securities Ex­ (2) Retirement of debt (explain) ; financial report for each complete fiscal (3) Additional working capital (ex­ change Act of 1934 (“the Act”) to per­ year. If a commercial operator operating mit, upon specified conditions, books and plain) ; certificate is suspended for more than (4) Operating losses other than de­ records of brokers and dealers to be 29 days, the certificate holder shall sub­ initially maintained and preserved in preciation and amortization (explain) ; mit a financial report as of the last day and microfilm form in lieu of hard copy of the month in which the suspension is (paper) print-out. (5) Other (explain). terminated. The report required to be (g) An estimate of the cash that will submitted by this section shall be sub­ On March 6, 1970, in Securities Ex­ be available during the first 6 months mitted within 60 days of the last day of change Act Release No. 8835, also pub­ after the month in which the certificate the period covered by the report and lished in the F ederal R egister for is expected to be issued, from— must include— March 17, 1970 (35 F.R. 4649), the Com­ (1) Sale of property or flight equip­ (1) A balance sheet that shows assets, mission published its proposal to amend ment (explain) ; liabilities, and net worth on the last Rule 17a-4(f) (17 CFR 240.17a-4(f)). It (2) New debt (explain) ; day of the reporting period; has considered the comments and sug­ (3) New equity (explain) ; (2) The information required by gestions in response to that proposal and (4) Working capital reduction (ex­ § 121.49 (c), (h), and (i); now adopts the amendment to the rule plain) ; in the form set forth below. (3) An itemization of claims in litiga­ (5) Operations (profits) (explain) ; Newly developed microfilm systems (6) Depreciation and amortization tion against the applicant, if any, as of the last day of the period covered by the translate data from magnetic tape to (explain) ; and readable text on the face of a cathode (7) Other (explain). report; (4) A profit and loss statement with ray tube from which it is photographed (h) A schedule of insurance coverage on microfilm tape at high speeds. No in effect on the balance sheet date show­ separation of items relating to appli­ cant’s commercial operator activities hard copy is produced, but the microfilm ing insurance companies; policy num­ is developed quickly and reader-printers bers; types, amounts, and periods of cov­ from his other business activities, if any; and are available on which the microfilm can erage; and special conditions, exclusions, be read and facsimile enlargements can and limitations. (5) A list of each contract that gave be made quickly. In addition, an entire (i) Any other financial information rise to operating income on the profit reel of microfilm tape can be quickly that the Administrator requires to en­ and loss statement, including the names copied from the master reel. Microfilm able him to determine that the appli­ and addresses of the contracting parties records also can be produced in much cant has sufficient financial resources to and the nature, scope, date, and duration less time than is required to prepare hard conduct his operations with the degree of each contract. copy records on computer printers. An­ of safety required in the public interest. (b) The Administrator may grant a other application involves rapid prepara­ 3. By amending § 121.53 to read asdeviation from the reporting require­ tion of microfilm from records which are ments of paragraph (a) of this section if follows: initially in hard copy form. The retention he determines that compliance will re­ § 121.53 Duration of certificate. sult in unnecessary duplication of finan­ of reels of microfilm as against bulky (a) A supplemental air carrier operat­ cial information previously submitted by hard copy records should enable an or­ ing certificate issued under this subpart the certificate holder. ganization to effect substantial savings in is effective until termination of the cer­ (c) Deviation authority granted under storage space and man hours. tificate of public convenience and neces­ the authority of paragraph (b) of this It is widely accepted that automation sity or other economic authority issued section terminates September 30, 1970. appears to be a necessary ingredient in by the Civil Aeronautics Board to the (Secs. 313(a) , 601, 607, 609, Federal Aviation the solution of the “fails” and other air carrier or until it is surrendered or Act of 1958, 49 U.S.C. 1354(a), 1421, 1427, the Administrator suspends, revokes, or 1429; sec. 6(c), Department of Transporta­ back office problems presently confront­ otherwise terminates it. tion Act, 49 U.S.C. 1655(c) ). ing the broker-dealer community. The (b) A commercial operator operating Note: The reporting and/or recordkeeping Commission has advocated and en­ certificate is effective for 1 year. How­ requirements contained herein have been ap­ couraged the use of automation in many

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7644 RULES AND REGULATIONS facets of the securities business,1 includ­ Persons who desire to avail themselves tension of time to May 30,1970, for mem­ ing the maintenance of books and rec­ of the provisions of the rule might, for bers of national securities exchanges who ords,2 so as to promote economies and general guidance on the matter of micro­ are not also members of th!6 National efficiencies as well as improved service film quality and care, refer to items 5 (g) Association of Securities Dealers, Inc. for the public. and (h) under the caption, “General In­ (NASD) to file their reports on Form Prior to this amendment, Rule 17a-4 struction” contained in the Commission’s X-17A-10 (17 CFR 249.618) covering (17 CPR 240.17a-4) required the preser­ Accounting Series Release No. 84. calendar year 1969.1 The filing deadline vation in hard copy form of all records Commission action. Acting pursuant to under the Rule for such firms had been required to be maintained and preserved the provisions of the Securities Exchange April 30, 1970. It was necessary for the by Rules 17a-3 (17 CFR 240.17a-3) and Act of 1934, and particularly sections Commission to extend the filing dead­ 17a-4 (17 CFR 240.17a-4), except that 17(a) and 23(a) thereof, and deeming line for these firms because of unforeseen the provision of paragraph (f) of Rule it necessary and appropriate in the pub­ delays in determining the provisions to 17a-4 (17 CFR 240.17a-4(f)) permitted lic interest and for the protection of in­ be included in the plans of the NASD and the substitution of microfilm after a pe­ vestors, the Securities and Exchange certain exchanges under paragraph (b) riod of 2 years following the creation of Commission hereby amends § 240.17a- of the rule and the New York Stock Ex­ the hard copy record. The staff has been 4(f) of Chapter II of Title 17 of the Code change’s recent determination not to receptive to “no action” requests under of Federal Regulations as set forth be­ file such a plan.3 the bookkeeping rules (Rules 17a-3 (17 low, effective June 15,1970. Commission action. The Securities and CFR 240.17a-3) and 17a-4 (17 CFR 240.- As so amended, § 240.17a-4(f) reads Exchange Commission acting pursuant 17a-4)) to permit variations from the as follows : to the provisions of the Securities Ex­ present 2-year hard copy requirement in change Act of 1934, particularly sections recognition of the recent developments § 240.17a—4 Records to be preserved by 17(a) and 23(a) thereof, and deeming in microfilm technology.3 In each such certain exchange members, brokers, it necessary for the exercise of the func­ instance, the variations permitted were and dealers. tions vested in it, and necessary and ap­ accompanied by conditions to preserve * ★ ' * * * propriate, in the public interest and for the basic safeguards designed by those (f) The records required to be main­the protection • of investors, hereby rules for the protection of public in­ tained and preserved pursuant to sec­ amends § 240.17a~10 of Chapter n of vestors. tions 17a-3 and 17a-4 may be immedi­ Title 17 of the Federal Regulations as By the amendment, the hard copy ately produced or reproduced on micro­ stated below. The effect of the amend­ maintenance and preservation require­ film and be maintained and preserved ment to § 240.17a^l0 is to relax the re­ ments are relaxed to permit the micro­ for the required time in that form. If quirements of the Rule by extending the filming process to be used for the initial such microfilm substitution for hard time within which the required reports maintenance and to authorize compli­ copy is made by a member, broker, or must be filed by certain exchange mem­ ance with the preservation requirements dealer, he shall (1) at all times have bers. The Commission finds that, for good of Rule 17a-4 (17 CFR 240.17a-4) in the available for Commission examination cause, notice and procedure specified in form of immediate microfilm substitu­ of his records, pursuant to section 17(a) 5 U.S.C. 553 are unnecessary with respect tion for the hard copy record. In view of the Act, facilities for immediate, eas­ to such amendment. of some of the comments received, it ily readable projection of the microfilm The text of § 240.17a-10 is amended to should be pointed out that the amended and for producing easily readable fac­ add paragraph (e) thereto which will Rule 17a-4(f) (17 CFR 240.17a-4(f)) simile enlargements, (2) arrange the read as follows: provides merely an optional method for records and index and file the films in the maintenance and preservation of such a manner as to permit the immedi­ § 240.17a—10 Report of income and expenses. books and records. Nothing in the Rule ate location of any particular record, as amended requires substitution of mi­ (3) be ready at all times to provide, and * * * * * crofilm for hard copy at any time. immediately provide, any facsimile en­ (e) Notwithstanding the time limits The Commission is of the view that its largement which the Commission by its for filing established by paragraph (a) of experience with this matter on a case- this section any member of a national examiners or other representatives may by-case basis warrants the adoption of securities exchange who is subject to said request, and (4) store separately from this amendment. As amended, Rule 17 a- paragraph (a) of this section shall file a 4(f) (17 CFR 240.17a-4(f)) includes the the original one other copy of the micro­ conditions that the broker-dealer using report of his income and expenses and film for the time required. related financial and other information the microfilm permitted by the amend­ \ * * * * * ment shall have readily available at all on Form X-17A-10 (§ 249.618 of this times appropriate reader-printer equip­ (Secs. 17(a), 23(a), 48 Stat. 897, as amended, 49 Stat. 1379, 52 Stat. 1076, 48 Stat. chapter) for calendar year 1969 not later ment for Commission examination of the 901, as amended, 49 Stat. 1379, 15 U.S.C. 78q, than May 30, 1970. records, as well as equipment for hard 78w) copy reproduction which is to be promptly furnished upon request of the By the Commission. 1 Members of a national securities ex­ change who are not members of the NASD Commission, its examiners,- or other rep­ [seal] O rval L. D tjB o is, should communicate with their respective resentatives. In addition, as added pro­ Secretary. exchanges and request instructions as to tection against possible loss of records, how and where they should obtain their the amendment provides that duplicate Apr il 30,1970. Form X-17A-10 and where they should file copies must be made of all microfilm [F.R. Doc. 70-6048; Filed, May 15, 1970; their forms. If the exchange qualifies a plan tapes on a current basis and that the ex­ 8:47 a.m.] the member will file the 17A-10 report with tra copies be stored separately. such exchange. 2 The Commission today declared effective [Release No. 34-8877] a plan of the NASD filed pursuant to para­ 1 See SEC Report of Special Study of Se­ graph (b) of Rule 17a-10. All NASD mem­ curities Markets (1963) (Special Study), Pt. PART 240— GENERAL RULES AND bers (including those who are also members 2, pp. 358, 668-9 and 678. See also, SEC 35th REGULATIONS, SECURITIES EX­ of a national securities exchange) will file Annual Report (1969) pp. 3-6. CHANGE ACT OF 1934 NASD Form 17A-10 with the NASD. The 2 See Special Study, Pt. 4, p. 590. NASD has already sent NASD Form 17A-10 »The attitude of the staff with regard to Report of Income and Expenses to its members with the exception of those microfilming of computer generated rec­ members who are also New York Stock Ex­ ords has been reported publicly. See, for ex­ The Securities and Exchange Com­ change members. The staff of the NASD has ample, page 8 of the booklet published by mission has amended Rule 17a-10 (17 indicated that it will send NASD Form 17A- the Association of Stock Exchange Firms en­ 10 to NASD-NYSE members shortly. NASD titled, "Guide to the Rules and Regulations CFR 240.17a-10) under the Securities members will not use or file the SEC’s Form Governing the Retention of Records.” (1969) Exchange Act of 1934 to provide an ex­ X-17A-10.

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 197Ò RULES AND REGULATIONS 7645

(Secs. 17(a). 23(a), 48 Stat. 897, 901 as list of nations whose vessels are exempted Effective date. This amendment shall amended by 49 Stat. 1379, 52 Stat. 1076, 15 from the payment of any higher tonnage become effective 30 days after publica­ U.S.C. 78q, 78w) duties than are applicable to vessels of tion in the F ederal R eg ister. the United States and from the payment By the Commission. [seal] M y l e s J. Am brose, of light money. [ seal] O rval L. D uB o is , Commissioner of Customs. Secretary. (80 Stat. 379, R.S. 4219, as amended, 4225, as amended, 4228, as amended, sec. 3, 23 Stat. Approved; May 6, 1970. Apr il 30, 1970. 119, as amended; 5 U.S.C. 301, 46 U.S.C. 3, E ugene T. R o ssid es, [P.R. Doc. 70-6047; Piled, May 15, 1970; 121,128,141) 8:47 a.m.] Assistant Secretary [seal] E ugene T. R o ssid es, of the Treasury. Assistant Secretary of the Treasury. [FH . Doc. 70-6079; Filed, May 15, 1970; [F.R. Doc. 70-6080; Filed, May 15, 1970; 8:50 a.m.] Title 19— CUSTOMS DUTIES 8:50 a.m.] Chapter I— Bureau of Customs, Department of the Treasury [TD. 70-116] Title 21— FOOD AND DRUGS [T.D. 70-117] PART 23— ENFORCEMENT OF Chapter I— Food and Drug Adminis­ PART 4— VESSELS IN FOREIGN AND CUSTOMS AND NAVIGATION LAWS tration, Department of Health* Ed­ DOMESTIC TRADES Merchandise Subject to Forfeiture ucation, and Welfare Special Tonnage Tax and Light SUBCHAPTER B— FOOD AND FOOD PRODUCTS Section 23.16(a), Customs Regulations, Money; Malaysia relating to advertisement of notice of PART 27— CANNED FRUITS AND M ay 5, 1970. seizure and intent to dispose of mer­ FRUIT JUICE? chandise subject to forfeiture, amended. Foreign discriminating duties of ton­ Canned Peaches Identity Standard; nage and impost with respect to vessels Section 23.16(a) of the Customs Regu­ of and certain imports from Malaysia lations now requires the District Director Order Listing Ascorbic Acid as Op­ suspended and discontinued; § 4.22, Cus­ of Customs to advertise in a newspaper tional Ingredient toms Regulations, amended. of general distribution the intention to forfeit and sell or otherwise dispose of In the matter of amending the defini­ The Secretary of State advised the tion and standard of identity for canned Secretary of the Treasury on March 31, according to law property valued between $250 and $2,500 which is subject to for­ peaches (21 CFR 27.2) to permit the 1970, that the Department of State has optional addition of erythorbic acid or obtained from the Government of Ma­ feiture. In view of the limited circum­ stances in which claims to seized nar­ ascorbic acid in an amount no greater laysia satisfactory evidence that since than necessary to preserve color: March 12,1970, no discriminating duties cotics and dangerous drugs can be al­ of tonnage or imposts have been imposed lowed, adequate notice of seizure and Five comments (supportive) were re­ or levied in ports of Malaysia upon ves­ intent to forfeit these items would be ceived regarding the notice of proposed sels wholly belonging to citizens of the provided by posting notices in the rulemaking in the above-identified mat­ United States, or upon the produce, customhouse and advertisement in a ter that was published in the F ederal R eg ister of August 14, 1969 (34 F.R. manufactures, or merchandise imported newspaper represents a needless expense. into Malaysia in such vessels from the Accordingly, the last two sentences of 13157), in response to a petition filed by United States or from any foreign 123.16(a), Customs Regulations, are the National Canners Association, 1133 country. amended to read as follows: 20th Street NW., Washington, D.C. 20036. One suggested that the quantity of Therefore, by virtue of the authority § 23.16 Notice of seizure and sale; value ascorbic acid guaranteed to be present vested in the President by section 4228 not exceeding $ 2 ,5 0 0 ; advertisement* at time of purchase be declared on the of the Reyised Statutes, as amended (46 (a) * * * When the appraised valuelabel. Considering the intended func­ U.S.C. 141), which was delegated to the tion and that the amount of ascorbic Secretary of the Treasury by the Presi­ of any property in one seizure from one person, other than narcotics and acid is not to be prescribed within a dent by Executive Order No. 10289, fixed range guaranteeing presence of a September 17, 1951, as amended by dangerous drugs, exceeds $250, the notice shall be published in a newspaper of gen­ predictable and nutritionally significant Executive Order No. 10882, July 18, 1960 level in the product as consumed, the (3 CFR Ch. II), and pursuant to the eral circulation in the customs collection district and the judicial district in which Commissioner of Food and Drugs does authorization provided by Treasury De­ not concur in the suggestion. partment Order No. 190, Rev. 7, Septem­ the property was seized. In all other ber 4,1969 (34 F.R. 15846), I declare that cases, the notice shall be published by Section 121.101 of the' food additive the foreign discriminating duties of ton­ posting in a conspicuous place accessible regulations (21 CFR 121.101) lists sub­ stances that when used for the purposes nage and impost within the United to the public in the customhouse nearest the place of seizure and in the custom­ indicated and in accordance with good States are suspended and discontinued, manufacturing practice are regarded by so far as respects vessels of the Govern­ house at the headquarters port for the Customs collection district, with the date the Commissioner as generally recog­ ment of Malaysia, and the produce, nized as safe for such uses. A restric­ manufactures, or merchandise imported of posting noted thereon, and shall be kept, posted for at least 3 successive tion included in that regulation is that into the United States in such vessels the quantity of a substance added to from Malaysia or from any other foreign weeks. country. This suspension and discon­ ***** food does not exceed the amount reason­ tinuance shall take effect from March 12, (Secs. 607, 624, 46 Stat. 754, as amended, ably required to accomplish its intended 1970, and shall continue for so long as 759; 19 U.S.C. 1607, 1624) physical, nutritional, or other technical the reciprocal exemption of vessels Notice of proposed rule making was effect in food. wholly belonging to citizens of the United published in the F ederal R e g ist e r . for Since test results submitted by the States and their cargoes shall be con­ February 28, 1970 (35 F.R. 3914). Inter­ petitioner indicate that ascorbic acid tinued and no longer. ested persons were given an opportunity In accordance with this declaration, to submit relevant data, views, or argu­ when used in an amount of 390 parts per §4.22, Customs Regulations, is amended ments in writing regarding the pro­ million (p.p.m.) was fully effective in by the insertion of “Malaysia” in the posed amendments. No comments were preserving the color of canned peaches, appropriate alphabetical sequence in the received. the Commissioner concludes that the

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7646 RULES AND REGULATIONS amount of ascorbic acid required to pre­ 6-62, 5600 Fishers Lane, Rockville, Md. quintuplicate. Objections shall show serve the color of canned peaches need 20852, written objections thereto. Ob­ wherein the person filing will be ad­ versely affected by the order and specify not exceed 390 p.p.m. jections shall show wherein the person Test results submitted by the peti­ filing will be adversely affected by the with particularity the provisions of the tioner indicate that erythorbic acid when order and specify with particularity the order deemed objectionable and the used in amount of 700 p.p.m. was fully provisions of the order deemed objec­ grounds for the objections. If a hearing effective in preserving the color of tionable and the grounds for the objec­ is requested, the objections must state canned peaches, but that when used in tions. If a hearing is requested, the the issues for the hearing. A hearing will amount of 390 p.p.m. it was not fully objections must state the issues for the be granted if the objections are sup­ effective. No data were submitted by the hearing and such objections must be ported by grounds legally sufficient to petitioner to show whether erythorbic supported by grounds legally sufficient justify the relief sought. Objections may acid was fully effective when used in an to justify the relief sought. Objections be accompanied by a memorandum or amount between these two levels. may be accompanied by a memorandum brief in support thereof. Accordingly, the Commissioner con­ or brief in support thereof. All docu­ Effective date. This order shall become cludes that it will not be in the interest ments shall be filed in six copies. effective on its date of publication in the of consumers to rule affirmatively on Effective date. This order shall become F ederal R eg ister. effective 60 days after its date of publi­ that portion of the proposal pertaining (Sec. 512(i), 82 Stat. 347; 21 U.S.C. 360b(i)) to the use of erythorbic acid in canned cation in the F ederal R eg ister, except peaches. At such time that the charac­ as to any provisions that may be stayed Dated : May 7,1970. by the filing of proper objections. Notice teristics of erythorbic acid have been R . E . D uggan, given further study and the minimum of the filing of objections or lack thereof Acting Associate Commissioner quantity of the substance required to will be given by publication in the F ed­ for Compliance. accomplish the intended effect has been eral R eg ister. [F.R. . Doc. 70M5086; Filed, May 15, 1970; more accurately determined, the Com­ (Secs. 401, 701, 52 Stat. 1046, 1055, as 8:50 a.m.] missioner will be willing to consider a amended 70 Stat. 919, 72 Stat. 948; 21 U.S.C. new petition to amend the identity 341, 371) standard for canned peaches to pro­ Dated: May 8,1970. PART 121— FOOD ADDITIVES vide for the optional addition of ery­ thorbic acid in the minimum amount S am D. F in e , Subpart F— Food Additives Resulting required to preserve color. Acting Associate Commissioner From Contact With Containers or for Compliance. On the basis of the information sub­ * Equipment and Food Additives mitted in the petition, the comments [F.R. Doc. 70-6075; Filed, May 15, 1970; Otherwise Affecting Food received, and other relevant material, 8:49 a.m.] the Commissioner concludes that it will P olyurethane R e sin s promote honesty and fair dealing in the The Commissioner of Food and Drugs, interest of consumers to amend the PART 121— FOOD ADDITIVES having evaluated the data in a petition standard of identity for canned peaches Subpart C— Food Additives Permitted (FAP OB2473) filed by E. I. du Pont de to provide for the optional use of ascor­ in Feed and Drinking Water of An­ Nemours & Co., Inc., Wilmington, Del. bic acid at a level not to exceed 390 19898, and other relevant material, con­ p.p.m. to preserve color. imals or for the Treatment of Food- cludes that the food additive regulations Therefore, pursuant to provisions of Producing Animals should be amended to provide for safe the Federal Food, Drug, and Cosmetic POLOXALENE use of two additional substances, as set Act (secs. 401, 701, 52 Stat. 1046, 1055, as forth below, in the formulation of poly­ amended 70 Stat. 919, 72 Stat. 948; 21 The Commissioner of Food and Drugs urethane resins used in food-packaging U.S.C. 241, 371) and under authority has evaluated a supplemental new ani­ adhesives. Therefore, pursuant to provi­ delegated to the Commissioner (21 CFR mal drug application (33-773V) filed by sions of the Federal Food, and Drug, and 2.120); It is ordered, That § 27.2 be A. E. Staley Manufacturing Co., Post Cosmetic Act (sec. 409(c) (1)* 72 Stat. amended by revising the introductory Office Box 151, Decatur, 111. 62525, pro­ 1786; 21 U.S.C. 348(c)(1)) and under text of paragraph (a) and by adding a posing revised labeling for the drug authority delegated to the Commissioner new subparagraph to paragraph (a) and poloxalene to change the indications for (21 CFR 2.120), § 121.2520(c) (5) is to paragraph (d), as follows; use from “prevention” to “control” amended by alphabetically inserting in of legume (alfalfa, clover) bloat in § 2 7 .2 Canned peaches; identity; label the list of substances two new items, as statement of optional ingredients. cattle. The supplemental application is follows: approved. (а) Canned peaches is the food pre­ Pending recodification of previously § 121.2520 Adhesives. pared from one of the optional peach established régulations in Part 121 under * * * * * ingredients specified in paragraph (b) regulations to be established under the (C) * * * of this section and one of the optional provisions of section 512(i) of the Fed­ (5) * * * packing media specified in paragraph eral Food, Drug, and Cosmetic Act, this of Adhesives (c) of this section. Such food may also order is issued in accordance with § 3.517 Components contain one or more of the following New animal drugs; transitional pro­ Substances Limitations optional ingredients: visions re section 512 of the act. * * * * * # ***** Therefore, pursuant to provisions of 3-AIlyloxy-l,2- For use only iu the preparation (б) Ascorbic acid in an amount not the act (sec. 512(i), 82 Stat. 347; 21 propanediol. U.S.C. 360b(i)), in accordance with of polyurethane to exceed 390 parts per million to pre­ resins. serve color. § 3.517, and under authority delegated to the Commissioner (21 -CFR 2.120), * * * * * * ***** § 121.295 Poloxalene is amended in the a-Hydro-om ega- For use only iu (d) * * * hydroxypoly- the preparation table in paragraph (b )(1), item 1, by of polyurethane (6) “Ascorbic acid added------,” changing under “Indications for use” (oxytetramethylene). the blank being filled in with “to pre­ the word “Prevention” to “Control.” resins. serve color” or “to protect color.” Any person who will be adversely * * * * * * ***** affected by the foregoing order may at Any person who will be adversely af­ Any person who will be adversely any time within 30 days after its date of fected by the foregoing order may at affected by the foregoing order may at publication in the F ederal R egister file any time within 30 days after its date oi with the Hearing Clerk, Department of any time within 30 days after its date publication in the F ederal R egister file of publication in the F ederal R egister Health, Education, and Welfare, Room with the Hearing Clerk, Department oi 6-62, 5600 Fishers Lane, Rockville, Md. file with the Hearing Clerk, Department Health, Education, and Welfare, Room of Health, Education, and Welfare, Room 20852, written objections thereto in

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 RULES AND REGULATIONS 7647

6-62, 5600 Fishers Lane, Rockville, Md. drug regulations to revoke provision for 1. Taomid Tablets containing triace- 20852, written objections thereto in certification of the subject drug. No data tyloleandomyin with sulfadiazine, sul- quintuplicate. Objections shall show were received in response to the an­ famerazine, and sulfamethazine. wherein the person filing will be ad­ nouncement, and the Commissioner con­ 2. Taomid Oral Suspension contain­ versely affected by the order and specify cludes said provision should be revoked. ing triacetyloleandomycin with sulfadia­ with particularity the provisions of the Therefore, pursuant to provisions of zine, sulfamerazine, and sulfamethazine. order deemed objectionable and the the Federal Food, Drug, and Cosmetic The Food and Drug Administration grounds for the objections. If a hearing Act (secs. 502; 507, 52 Stat. 1050-51, as concluded that there is a lack of sub­ is requested, the objections must state amended, 59 Stat. 463, as amended; 21 stantial evidence that these fixed-com­ the issues for the hearing. A hearing U.S.C. 352, 357) and under authority bination drugs will have the effects they will be granted if the objections are sup­ delegated to the Commissioner (21 CFR purport or are represented to have under ported by grounds legally sufficient to 2.120), Part 148e is amended by revoking the conditions of use prescribed, recom­ justify the relief sought. Objections may § 14*8e.9 Erythromycin ethylsuccinate- mended, or suggested in their labeling. It be accompanied by a memorandum or sulfanilamide dental powder, and all an­ further recognized (1) that known haz­ brief in support thereof. tibiotic certificates issued under § 148e.9 ards are associated with use of the Effective date. This order shall become are also revoked. components of these combinations; for effective on its date of publication in the Any person who will be adversely af­ example, hypersensitivity and blood dys- F ederal R eg ister. fected by the removal of any such drug crasias with sulfonamides and hepatic from the market may file objections to dysfunction with triacetyloleandomycin; (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. and that (2) the use of such a combina­ 348(c) (1 j j this order, within 30 days after its pub­ lication in the F ederal R egister, stating tion drug for a condition that can be Dated: May 7,1970. reasonable grounds and requesting a effectively treated with one of its com­ ponents unnecessarily increases: (a) The R . E . Duggan, hearing on such objections. A statement of reasonable grounds for a hearing shall risk of adverse reactions from the addi­ Acting Associate Commissioner tion of another agent; (b) the risk of for Compliance. identify the claimed errors in the NAS- NRC evaluation and the Administration’s dose-related adverse reactions when the [F.R. Doc. 70-6087; Filed, May 15, 1970; dosage of the combination is increased 8:50 a.m.] conclusions as to lack of substantial evi­ dence of the effectiveness of the .combi­ to give a therapeutic dose of one ingredi­ nation drug. It shall identify and provide ent; and (c) the danger of undertreat­ ment when in order to avoid the adverse SUBCHAPTER C— DRUGS a well-organized and full-factual anal­ ysis of any adequate and well-controlled effects of one component the dosage of PART 148e— ERYTHROMYCIN investigations the objector is prepared to the other component is reduced below the therapeutic level. Combination Drug Containing Erythro­ prove in support of his objections as a Interested persons were invited to file, mycin Ethylsuccinate and Sulfanila­ basis on which it could reasonably be concluded that the combination drug within 30 days after said publication mide would be safe and would have the ef­ date, written comments or requests for an informal conference on the proposal In the F ederal R egister of Decem­ fectiveness claimed for its intended uses. ber 9, 1969 (34 F.R. 19476), the Commis­ Objections should be filed, preferably to amend the antibiotic drug regulations sioner of Food and Drugs announced in quintuplicate, with the Hearing Clerk, to revoke provision for certification of the conclusions of the Food and Drug Department of Health, Education, and these drugs and also to revoke certifi­ Administration following the evaluation Welfare, Room 6-62, 5600 Fishers Lane, cates of safety and effectiveness. No re­ of reports received from the National Rockville, Md. 20852, and may be accom­ sponses were received to the proposal and Academy of Sciehces-National Research panied by a memorandum or brief in sup­ the Commissioner concludes it should be Council, Drug Efficacy Study Group, re­ port thereof. adopted. garding the following preparation: Therefore, pursuant to provisions of Effective date. This order shall become the Federal Food, Drug, and Cosmetic Powdalator-ES, Powder in Insufflator effective 40 days after its date of pub­ Tubes; erythromycin (as erythromycin Act (secs. 502, 507, 52 Stat. 1050-51, as lication in the F ederal R egister to allow amended, 59 Stat. 463, as amended; 21 ethylsuccinate) 10 milligrams and sul­ time for recall to be completed. fanilamide 250 milligrams per tube; U.S.C. 352, 357) and under authority marketed by Abbott Laboratories, 14th (Secs. 502, 507, 52 Stat. 1050-51, as amended, delegated to the Commissioner (21 CFR and Sheridan Roads, North Chicago, 111. 59 Stat. 463, as amended; 21 U.S.C. 352, 357) 2.120), Part 148m is amended by: 60064 (NDA 12-005). Dated: May 8, 1970. 1. Revoking § 148m.5 Triacetyloleando­ The Food and Drug Administration mycin - sulfadiazine - sulfamerazine - concluded: (1) There is a lack of sub­ S am D. F in e , sulfamethazine tablets. stantial evidence that this drug is effec­ Acting Associate Commissioner 2. In § 148m.7 Triacetyloleandomycin tive for prophylaxis or local treatment of for Compliance. oral suspension; triacetyloleandomycin- certain superficial wounds or for pro­ [F.R. Doc. 70-6076; Filed, May 15, 1970; ------oral suspension (the blank phylaxis against, or local treatment of, 8:49 a.m.] being filled in with the established names infections öf post extractions and other of the other active ingredients present operative wounds in the mouth; (2) in accordance with paragraph (a)(1) of there is a lack of substantial evidence PART 148m— OLEANDOMYCIN this section), by revoking paragraph that each component of the combination Combination Drugs for Human Use (a) (1) (i). drug contributes to the total effects In addition, all antibiotic certificates claimed; and (3) that the potential Containing Triacetyloleandomycin and Sulfonamides issued for the subject drugs are revoked. hazards of use such as those associated Any person who will be adversely af­ with the component sulfanilamide In the F ederal R eg ister of Septem­ fected by the removal of any such drug (namely, significant cutaneous sensitiza­ ber 5, 1969 (34 F.R. 14078), the Com­ from the market may file objections to tion and severe toxic reactions with ab­ missioner of Food and Drugs announced this order, within 30 days after its pub­ sorption) are unwarranted when there is (DESI 11-588) the conclusions of the lication in the F ederal R eg ister, stating a of evidence that the drug is Food and Drug Administration follow­ effective. reasonable grounds and requesting a ing evaluation of reports received from hearing on such objections. A statement Interested persons who might be ad­ the National Academy of Sciences Na­ of reasonable grounds for a hearing shall versely affected by removal of this drug tional Research Council, Drug Efficacy identify the claimed errors in the from the market were invited to submit Study Group, regarding the following NAS-NRC evaluation and the Adminis­ within 30 days any pertinent data bear­ preparations of J. B. Roerig and Co. (Di­ tration’s conclusions as to lack of sub­ ing on the announced intention of the vision of Chas. Pfizer & Co., Inc.), New stantial evidence of the effectiveness of commissioner to amend the antibiotic York, N.Y. 10017: the combination drugs. It shall identify

No. 96------3 FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7648 RULES AND REGULATIONS and provide a well-organized and full- Schedule A to BDSA Order M-11A is amendment, there was consultation with factual analysis of any adequate and hereby amended to read as follows: industry representatives and considera­ well-controlled investigations the objec­ S chedule A to BDSA Order M-11A tion was given to their recommendations. tor is prepared to prove in support of his This amendment to Direction 1 to objections as a basis on which it could SET-ASIDE PERCENTAGES BDSA Order M-11A affects Direction 1 to reasonably be concluded that the com­ (See sec. 6(f) of BDSA Order M-11A) BDSA Order M-11A, of December 1,1966, as amended by changing the base period bination drugs would be safe and would BASE PERIOD ---- JANUARY-DECEMBER 1969 have the effectiveness claimed for their as set forth in section 3(b) of that direc­ intended uses. Objections should be filed, (See sec. 2(o) of BDSA Order M-11A) tion from January-June 1965 to calen­ preferably in quintuplicate, with the Percentage for orders dar year 1969, and by changing the re­ Hearing Clerk, Department of Health, calling for delivery served production capacity, as set forth Education, and Welfare, Room 6-62, 5600 Product after Ju n e 30, 1970 1 in section 3(b) from twenty-five per­ Fishers Lane, Rockville, Md. 20852, and Brass mill products: cent (25%) to twenty percent (20%) for may be accompanied by a memorandum Unalloyed: orders calling for delivery after June 30, or brief in support thereof. Plate, sheet, strip, and rolls------!— 6 1970. Amendment 3 of Direction 1 to Rod, bar, shapes, and wire------— 5 BDSA Order M-11A, November 14, 1969, Effective date. This order shall become Seamless tube and pipe------2 is superseded by this Amendment 4. effective 40 days after its date of pub­ Alloyed: Plate, sheet, strip, and rolls------5 Section 3(b) of Direction 1 of BDSA lication in the F ederal R egister to allow Rod, bar, shapes, and wire------6 Order M-11A of December 2, 1966, is time for a recall to be completed. Cer­ Seamless tube and pipe------(2) hereby amended to read as follows: tification of new stocks has been Military ammunition cups------(2) discontinued. Copper wire mill products: Sec. 3 Rules for the placement and ac­ Copper wire and cable: ceptance of rated orders for ammo (Secs. 502, 507, 52 Stat. 1050-51, as amended, strip. 59 Stat. 463, as amended; 21 U.S.C. 352, 357) Bare and tinned------3 Weatherproof ------—— ------3 * * * * * Dated: May 8,1970. Magnet wire------3 Insulated building wire------3 (b) With respect to orders placed pur­ S am D. F in e , Paper and lead power cable------3 suant to paragraph (a) of this section Acting Associate Commissioner Paper and lead telephone cable------3 calling for delivery after June 30, 1970, for Compliance. Asbestos cable------3 each ammo strip producer must reserve [F.R. Doc. 70-6077; Filed, May 15, 1970; Portable and flexible cord------3 production capacity for the production 8:49 a.m.] Communications wire and cable----- 3 of ammo strip in any month in a mini­ Shipboard cable------— 3 mum amount determined by multiplying Automotive and aircraft wire and his average monthly shipments by weight cable ------:------3 Insulated power cable------3 of copper-base alloy plate, sheet, rolls, Title 32A— NATIONAL DEFENSE, Signal and control cable------3 and strip (excluding ammo strip) and Coaxial cable------—------3 cups in the base period calendar year Copper-clad steel wire containing 1969, by 20 percent. This reserved por­ APPENDIX over 20 percent copper by weight tion of his production capacity for ammo Chapter VI— Business and Defense regardless of end use------3 strip shall be separate from the set-aside Services Administration, Depart­ Copper foundry products!------4 Unalloyed copper powder mill products. (2) for brass mill products—alloyed—plate, ment of Commerce Copper-base alloy powder mill products. (2) sheet, strip, and rolls, provided in Schedule A to this order, as revised from [BDSA Order M-11A, Revised Schedule A of 1 Schedule A revised as of Aug 12, 1969, to time to time. May 16, 1970] BDSA Order M-11A, as amended Oct. 28, 1966, applies to orders calling for delivery prior to ***** M -n A — COPPER AND COPPER- July 1, 1970. (Sec. 704, 64 Stat. 816, as amended, 50 U.S.C. BASE ALLOYS 2 No reserve space required. Producers of App. 2154; sec. 1, Public Law 90-370, 82 Stat. these products are nevertheless required to 279) Schedule A— Set-Aside Percentages accept authorized controlled material orders for such products in accordance with the This amendment shall become effec­ This amendement of Schedule A to provisions of DMS Regulation No. 1 and this tive May 16, 1970. BDSA Order M-11A is found necessary order. However, section 6(f) of order M-11A and appropriate to promote the national does not apply to such authorized con­ B u sin e ss and D efen se S ervices defense and is issued pursuant to the trolled material orders. Administration, Defense. Production Act of 1950, as W illia m D. L e e , This revised schedule shall take effect Administrator. amended. In the formulation of this or­ May 16, 1970. der, there was consultation with industry [F.R. Doc. 70-6106; Filed, May 15, 1970; representatives, including trade associa­ B u sin e ss and D efen se S ervices 8:52 a.m.] tion representatives, and consideration Administration, was given to their recommendations. W illia m D . L e e , Administrator. [BDSA Order M-11A, Dir. 2, Arndt. 1 of This amendment changes Revised May 16, 1970] Schedule A of August 12, 1969, to BDSA [F.R. Doc. 70-6105; Filed, May 15, 1970; Order M-11A, as amended October 28, 8:52 a.m.] M -l 1 A, DIR. 2— DOMESTIC 1966, by changing the base period from REFINED COPPER SET-ASIDE July-December 1968 to calendar year 1969 and by decreasing the set-aside per­ [BDSA Order M-11A, Dir. 1, Arndt. 4 of Average Monthly Production and centages from 6 percent to 5 percent on May 16, 1970] Use of Rated Orders unalloyed rod, bar, shapes, and wire, M-1T A, DIR. 1— AMMO STRIP SET- This amended direction to BDSA from 7 percent to 5 percent on alloyed ASIDE Drder M-11A, as amended, is found nec- plate, sheet, strip, and rolls, from 7 per­ ;ssary and appropriate to promote the cent to 6 percent on alloyed rod, bar, Placement and Acceptance of Rated lational defense and is issued pursuant shapes, and wire, and from 4 percent to Orders for Ammo Strip ;o the Defense Production Act of 1950, 3 percent on copper wire mill products. This amendment to Direction 1 to is amended. In the formulation of this This amendment applies to authorized unended direction, there was consul­ controlled material orders calling for de­ BDSA Order M-11A is found necessary tation with industry representatives, livery after June 30, 1970. and appropriate to promote the national ncluding trade association representa­ defense and is issued pursuant to the (Sec. 704, 64 Stat. 816, as amended, 50 U.S.C. tives, and consideration was given to Defense Production Act of 1950, as App. 2154; sec. 1, Public Law 90-370, 82 Stat. their recommendations. 279) amended. In the formulation of this

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 RULES AND REGULATIONS 7649

The amended direction affects Direc­ insure cease fire if an aircraft or surface tion 2 to BDSA Order M-11A as amended Title 24— HOUSING vessel is observed approaching the area. November 14, 1969, by changing the base period for determining the average ***** monthly production of domestic refined AND HOUSING CREDIT [Regs., Apr. 20, 1970, 1522-01 (Gulf of Mex­ copper from the last 6 months of calen­ Chapter II— Federal Housing Admin­ ico, F la.)J (sec. 7, 40 Stat. 266; 33 U.S.C. 1) dar year 1968 and the first 6 months of istration, Department of Housing For the Adjutant General. calendar year 1969 to calendar year and Urban Development 1969, as provided in section 2 (i) of that R ichard B . B elnap, direction and by providing in section SUBCHAPTER B— HOUSING RENOVATION AND Special Advisor to TAG. 3(b) requirements for certification of MOBILE HOME FINANCING [F.R. Doc. 70-6063; Filed, May 15, 1970; 8:48 a.m.] rated orders placed under this direction. PART 201— PROPERTY IMPROVE­ Section 2(i) of Direction 2 to BDSA Order M-11A of November 14, 1969, is MENT AND MOBILE HOME LOANS hereby amended to read as follows: Subpart B— Mobile Home Loans Sec. 2 Definitions. Title 41— PUBLIC CONTRACTS Ne w or U sed M o bile Homes * * * * * AND PROPERTY MANAGEMENT (i) “Average monthly production of Section 201.510 is amended to read as follows: domestic refined copper” means the Chapter 5A— Federal Supply Service, monthly average quantity of domestic § 201.510 New or used mobile homes. General Services Administration refined copper produced by a producer The loan shall be made only for fi­ PART 5A—73— FEDERAL SUPPLY of domestic refined copper in calendar nancing the purchase of a mobile home year 1969, including any domestic re­ which is either new or used as follows: SCHEDULE PROGRAM fined copper produced for his account by (a) New. A new mobile home, mean­ another person under toll arrangements. Subpart 5A—73.1——Production and ing a unit that has not been previously Section 3 of Direction 2 to BDSA occupied at the time of purchase. Maintenance Order M-11A of November 14, 1969, is (b) Used. A used mobile home, mean­ C ontractor's R eport o f O rders hereby amended to read as follows: ing either a unit being sold by one who R eceived acquired such unit with financing pro­ Sec. 3 Use of rated orders for domestic Section 5A-73.118 is revised to read refined copper. vided under this subpart; or a unit that as follows: the purchaser has been occupying pur­ (a) A controlled material producer, as suant to a lease from a_ governmental § 5A—73.118 Contractor’s report of or­ defined in section 2(f) of this direction, agency, if such purchaser had been dis­ ders received. must use the rating DO-D1 or DX-D1, placed from previous housing as a result as the case may be, to obtain domestic The following clause shall be included of a disaster which the President has in all invitations for bids on Federal Sup­ refined copper needed to fill mandatory determined to be a major disaster. acceptance orders or to replace in inven­ ply Schedule items to require contractors (Sec. 2, 48 Stat. 1246; as amended; 12 U.S.C. to submit monthly reports of agency tory domestic refined copper used by 1703) him to fill such orders, in accordance orders placed against Schedule contracts. with the provisions of section 4(c), Issued at Washington, D.C., May 12, Any exception to this requirement must 4(d), and 4(e) of DMS Reg. 1, Dir. 3: 1970. be approved in advance by the Assistant Provided, That such ratings shall not be E ugene A. G ulledge, Commissioner for Procurement. used to obtain a quantity of domestic Federal Housing Commissioner. R efort of Orders R eceived refined copper in excess of the quantity [F.R. Doc. 70-6082; Piled, May 15, 1970; Successful bidders shall furnish, on or be­ of copper contained in the controlled 8:50 a.m.j fore the 15th day of each month, a report of material or intermediate shape produced orders received during the preceding month, or to be produced therefrom. by dollar value, on each item or subitem upon (b) Each rated order placed under the which an award is received. Negative reports preceding paragraph must contain the are required for each month in which no Title 33— NAVIGATION AND orders are received. The report shall be made following certification: “Certified for na­ on GSA Form 72, Contractor’s Report of tional defense use under BDSA Reg. 2” NAVIGABLE WATERS Orders Received, and forwarded to the Gen­ and shall be signed as provided in BDSA eral Services Administration at the address Reg. 2. This certification shall constitute Chapter II— Corps of Engineers, overprinted on the form. The right is specifi­ a representation to the supplier and to Department of the Army cally reserved to the Government to inspect that subject to the criminal pen­ without further notice such records of the alties provided in applicable U.S. stat­ PART 204— DANGER ZONE contractor as pertain to sales under any con­ REGULATIONS tract resulting from this invitation. Failure utes, (1) the purchaser is authorized, in or refusal to furnish the required reports, or accordance with the provisions of this Gulf of Mexico, Fla. falsification thereof, shall constitute suffi­ direction and BDSA Order M-11A, to cient cause for terminating the contract for place rated orders for domestic refined Pursuant to the provisions of section 7 default in accordance with the provisions copper; and (2) that the amount ordered of the River and Harbor Act of August 8, of Article 11 (Default) of Standard Form 32, will be used by the purchaser to fill man­ 1917 (40 Stat. 266; 33 U.S.C. 1), § 204.112 General Provisions (Supply Contract). datory acceptance orders or to replace establishing and governing the use and (a) It is expected that, in some in­ inventory used to fill mandatory accept­ navigation of a danger zone in the Gulf stances, this reporting requirement will ance orders and that he has not previ­ of Mexico, Fla., is hereby amended with be a hardship on contractors, and may ously ordered such replacement with the respect to paragraph (b) (2), effective result in higher prices or refusal to bid, use of ratings; or (3) that the purchaser upon publication in the F ederal R eg­ particularly when a large number of dis­ is expressly authorized by BDSA, or by ist e r , as follows: tribution points for numerous items is any regulation or order of BDSA, to Place such order. § 204.112 Gulf of Mexico, south of St. involved. Such cases shall be brought to George Island, F la.; test fiiring range. the attention of the Director, Procure­ This amendment shall become effec­ ment Operations Division, for deter­ tive May 16, 1970. ***** (b) The regulations. * * * mination as to an alternate method of B u sin e ss and D efen se S ervices ascertaining sales volume. (2) During firing the entire area plus (b) Upon receipt, contractor’s* reports Administration, 5 miles beyond in all directions shall be W illiam D. L e e , of orders received are routed to the kept under surveillance by one control Administrator. unit responsible for editing, controlling, helicopter and one crash boat equipped and encoding the reports for entry into [p R. Doc. 70-6107; Piled, May 15, 1970; with FM and UHF communications to 8:52 a.m.] the automated Procurement Transaction the Safety Officer at range control to Reporting System. Contracting activities

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7650 RULES AND REGULATIONS receive monthly printouts reflecting the Part 101-26 is not applicable to procure­ lize available Government storage serv­ consolidation of all reports receive«! dur­ ment from commercial sources. ices of other executive agencies to avoid ing the reporting month. Accuracy of Section 101-26.000 is revised to read new construction of storage facilities, ac­ the sales volume reflected in the contrac­ as follows: quisition of temporary space, and un­ necessary transportation of supplies, ma­ tor’s report of orders received is of prime § 1 0 1-26.000 Scope of pari. importance because (1) official reports terial, and equipment to distant storage on the total volume of Federal Supply This part sets forth policies and pro­ points. Whenever feasible, the policies Schedule procurement are obtained from cedures regarding the procurement of and procedures shall be used to cross- the automated processing of contractor’s personal property and nonpersonal service storage and warehousing require­ reports; (2) the sales volume figures as­ services from or through supply sources ments in overseas storage activities. sist contracting officers in determining which are established by law or other Available storage services of executive agencies shall be made available for the type of contracting most suitable, competent authority. It does not include policies and procedures pertaining to cross-servicing the requirements of other based on utilization of the Schedule; and Federal agencies when requested. Other (3) anticipated sales volume estimates the purchasing and contracting for prop­ erty or services obtained from commer­ Federal agencies are encouraged to par­ for new solicitations, which are based ticipate in cross-servicing arrangements. upon reported sales during the preceding cial sources without recourse or use of Federal Supply Schedules or other GSA (b) The provisions of this Subpart contract period, tend to have a direct 101-28.2 do not apply to ocean terminals, effect on bid prices offered by vendors. established contracts. (These are pro­ vided in the Federal Procurement Reg­ Government storage activities financed Whenever any extension of mandatory under industrial funds, activities con­ coverage is undertaken, the best possible ulations.) The extent to which the sources of supply included in this Part cerned with the storage and handling of estimates of the increased volume of sales hulk fuels (petroleum products), and shall be shown in the invitation in addi­ 101-26 are to be used by Government agencies is prescribed in the specific storage functions performed by GSA for tion to the sales volume reported by con­ the Office of Civil Defense. tractors for the previous Schedule period. subpart or section covering the subject Since understatement of contractors’ re­ matter involved. Included as eligible to § 101-28.202 GSA/DOD Cross-Servicing ported sales volume will adversely affect use GSA supply sources are certain civil­ Agreement. each of the above factors, positive fol­ ian and military commissaries and non- appropriated fund activities, generally An agreement between GSA and DOD lowup is essential. Accordingly, initial has established procedures to be fol­ followup on incomplete or delinquent re­ buying for their own use but not f«>r resale, except as authorized by the indi­ lowed in the cross-servicing of storage ports will be made by the processing unit, vidual Federal agency and concurred in and warehousing services between Gov­ using the GSA Form 102. Contracting ernment agencies. Copies of the agree­ Officers will be advised of actions taken by GSA. Subject to the basic policy re­ quirements set forth in Subpart 101-26.7, ment, containing a listing of minimum and will be expected to take any addi­ services to be provided, responsibilities tional steps necessary to assure full com­ Federal agencies may authorize the use of GSA supply sources by grantees and of agencies operating storage facilities, pliance with the standard clause specified contractors. responsibilities of requesting agencies, above. and agency contact points to determine (c) Adequate stocks of GSA Form 72, (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c) ) storage availability, are available from Contractor’s Report of Orders Received, Effective date. This regulation is ef­ the General Services Administration, shall be maintained at all times so that fective upon publication in the F ederal Federal Supply Service, Office of National an adequate supply of the form can be R eg ister . Supply Policies and Programs—FFS, furnished each Schedule contractor. Washington, D.C. 20406. Dated: May 11,1970. Forms shall be overprinted with the § 101-28.204 [Reserved] proper reporting address for the process­ R od K reger, ing unit involved. Acting Administrator § 101—28.205 Request for services. (d) Contractors shall be reminded of of General Services. Requests for storage and warehousing this reporting requirement at the time [F.R. Doc. 70-6042; Filed, May 15, 1970; services shall be in accordance with the the contract is forwarded by use of the 8:47 a.m.] procedures set forth in the GSA/DOD transmittal letter, GSA Form 103. Cross-Servicing Agreement referred to in § 101-28.202. Arrangements incident to (S©c. 205(c) , 63 Stat. 390; 40 U.S.C. 486(c); PART 101-28— STORAGE AND 41 CFR ¿-1.101(c)) the furnishing of services, specific limi­ DISTRIBUTION tations, terms, and conditions shall be Effective date. These regulations are agreed to directly by the activities Interagency Cross-Servicing in effective 30 days after the date shown concerned. below. Storage Activities § 101—28.207 Cross-servicing rales. Dated: May 4,1970. Policy and procedures are provided Normally, charges for services ren­ H. A. Abersfe lle r , governing storage and warehousing arrangements between Government dered will be based upon the standard Commissioner, rates established by the agency for in­ Federal Supply Service. agencies. ternal use. However, special rates may be The table of contents for Part 101-28 Is negotiated to cover actual or estimated [F.R. Doc. 70-6041; Filed, May 15, 1970; revised to delete the caption for § 101— 8:47 a.m.] costs for large, bulk lots of material when 28.204 and designate the section “Re­ the applicable rates appear inequitable, served” as follows: subject to the approval of the appro­ Chapter 101— Federal Property Sec. priate program official for the civilian Management Regulations 101-28.204 [Reserved] agency, and the Assistant Secretary o Defense (I & L ), when DOD is involved. SUBCHAPTER E— SUPPLY AND PROCUREMENT Subpart 101-28.2— Interagency Cross - Servicing in Storage § 101-28.208 Reimbursement for serv­ PART 101-26— PROCUREMENT Activities ices. SOURCES AND PROGRAMS Reimbursement for services rendered Sections 101-28.201, 101-28.202, 101- shall be made promptly after receipt oi Procurement From or Through 28.204, 101-28.205, 101-28.207, and 101- Federal Sources billing. The frequency and method oi 28.208 are revised to read as follows: billing and reimbursement will be estab­ The scope of part (§ 101-26.000) cover­ § 101—28.201 Applicability. lished by the activity providing ware­ ing procurement sources and programs (a) The policies and procedures es­ housing and storage services; however, is revised to (1) delete specific reference tablished by this Subpart 101-28.2 are billing and reimbursement shall be made not less frequently than quarterly nor to items of furniture and office supplies primarily applicable to storage activities within the United States. Executive more frequently than monthly. to be used by the Department of Defense (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) and (2) add a statement affirming that agencies shall make every effort to utl-

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 RULES AND REGULATIONS 7651

Effective date. This regulation is effec­ amended (46 U.S.C. 46), and the regula­ by adding the following numbered new tive upon publication in the F ederal tions issued thereunder, for a period of 2 sections: R egister. years from the effective date of this §1112.9 Common control. Dated: May 11,1970. order. Dated: May 11, 1970. It shall not be necessary for any per­ R od K reger, son to secure an order of authorization Acting Administrator W . J . S m ith , under the foregoing provisions to hold of General Services. Admiral, U.S. Coast Guard, the position of officer or director of two [F.R. Doc. 70-6043; Filed. May 15, 1970; Commandant. or more carriers, if such carriers are 8:47 a.m.] [F.R. Doc. 70-6095; Filed, May 15, 1970; operated under common control or man­ 8:51 a.m.] agement, either. (a) Pursuant to approval and author­ ity of the Commission granted under Title 46— SHIPPING section 5 of the act, or Chapter I— Coast Guard, Department Title 49— TRANSPORTATION (b) Pursuant to a controlling, con­ Chapter X— Interstate Commerce trolled, or common control relationship of Transportation which has existed between such carriers SUBCHAPTER G— DOCUMENTATION AND Commission since before June 16,1933. MEASUREMENT OF VESSELS SUBCHAPTER B— PRACTICE AND PROCEDURE § 1112.10 Jointly used terminal proper­ [CGFR 70-62] [Ex Parte No. 260] ties. PART 66— GENERAL PROVISIONS PART 1112— INTERLOCKING Any person holding the position of OFFICERS officer or director of a carrier is hereby Revocation of Designation of George­ relieved from the foregoing provisions to town, S.C., as Port of Documen­ Miscellaneous Amendments the extent that he may also hold a direc­ tation torship and any other position to which Order. At a general session of the in­ he may be elected or appointed with a 1. Notice of the proposed revocation of terstate Commerce Commission, held at terminal railroad the properties of which the designation of Georgetown, S.C., as its office in Washington, D.C., on the 1st are operated or used by such carrier a port of documentation and the transfer day of May 1970. jointly with other carriers. of the documentation records to the office It appearing, that the Commission, on (Secs. 12, 17, and 20a, 24 Stat. 383, 40 Stat. of the Officer in Charge, Marine Inspec­ November 20, 1969, issued a notice of 270, and 41 Stat. 494, all as amended; 49 tion, U.S. Coast Guard, Charleston, S.C., proposed rulemaking in this proceeding, U.S.C. 12, 17, and 20a; 5 U.S.C. 553 and 559) was published in the F ederal R egister of under authority of sections 4 and 12 of March 18, 1970 (35 F.R. 4708), as CGFR the Administrative Procedure Act (5 It is further ordered, That persons 70-27. No objections were received. U.S.C. 553 and 559) and sections 12, 17, holding the position of officer or direc­ 2. By virtue of the authority contained and 20a(12) of the Interstate Commerce tor of a carrier be, and they are hereby, in sec. 1, 63 Stat. 545, sec. 2, 23 Stat. 118, Act, fOr the purpose of considering authorized to hold any directorship or sec. 1, 43 Stat. 947, sec. 6(b) (1), 80 Stat. whether .a rule proposed by the Associa­ other position to which they may be 937; 14 U.S.C. 633, 46 U.S.C. 2, 46 U.S.C. tion of American Railroads, making thé elected or appointed with more than one 18, 49 U.S.C. 1655(b) (1) ; 49 CFR 1.46(b) , existing regulations inapplicable to per­ carrier, within the scope of section 20a the following action is hereby taken sons holding or proposing to hold certain (12) of the Interstate Commerce Act, effective June 19,1970: interlocking positions, should be adopted when such carriers are lawfully operated and supplemented by a blanket authori­ under common control or management, (a) The designation of Georgetown, or where one or more carriers is a termi­ S.C., as a port of documentation is zation for the holding of such positions; It further appearing, that notice to all nal railroad company operated under revoked; lawful joint control of two or more (b) The documentation records at interested parties was given through pub­ carriers; Georgetown are transferred to the office lication of said notice in the F ederal R eg ister of December 9, 1969 (34 F .R . It is further ordered, That this order of the Officer in Charge, Marine Inspec­ shall be effective on the date it is served; tion, U.S. Coast Guard, Charleston, S.C.; 19471-19472), and interested parties were invited to submit views and suggestions and (c) Charleston is designated the home regarding the proposed rule; and It is further ordered, That notice of port of all vessels now having George­ this order shall be given to the general town as home port; and It further appearing, that various parties submitted views and suggestions, public by depositing a Copy thereof in (d) 46 CFR 66.05-1 is amended by the and the Commission has considered such the office of the Secretary of the inter­ deletion of “Georgetown, S.C.” where it responses and, on the date hereof, has state Commerce Commission, Washing­ appears in the list of Ports of Docu­ ton, D.C., and by filing a copy thereof mentation under the Seventh Coast made and filed its report setting forth with the Director of the Federal Guard District, and Charleston Marine its conclusions and findings and its rea­ Register. Inspection Zone. sons therefore, which report is hereby re­ By the Commission. 3. All vessels marked with Georgetown ferred to and made a part hereof: as home port shall be deemed to be prop­ It is ordered, That Part 1112 of Chap­ [ seal] h . Ne il G arson, Secretary. erly marked within the meaning of séc- ter X of Title 49 of the Code of Federal tion 4178 of the Revised Statutes, as [F.R. Doc. 70-6098; Filed, May 15, 1970; Regulations be, and it is hereby, amended 8:51 am .]

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16f 1970 7652 Proposed Rule Making

Authority : The provisions of this Part 109 Sec. issued under 37 Stat. 832-833; 21 U.S.C. 113.7 Multiple fractions. DEPARTMENT OF AGRICULTURE 151-158. 113.8 Virus titrations in lieu of test for antigenicity. Agricultural Research Service § 109.2 Sterilizers. S tandard Procedures [9 CFR Parts 109, 113, 114, 121 3 Steam and dry-heat sterilizers used 113.25 Culture media for detection of bac­ VIRUSES, SERUMS, TOXINS, AND in connection with the production of teria, fungi and yeasts. biological products at licensed establish­ ANALOGOUS PRODUCTS 113.26 Detection of viable extraneous bac- ments shall be equipped with automatic ■ . , teria, fungi and yeasts in all biolog­ Notice of Proposed Rule Making temperature-recording gauges. Periodic ical products except live vaccines. standardization of the gauges shall be 113.27 Detection of viable extraneous bac­ Notice is hereby given in accordance made to assure accuracy. Charts used teria, fungi and yeasts in live vac­ with the provisions contained in section on these gauges are part of the produc­ cines. 533(b) of title 5, United States Code tion records and shall.be available at all Au th o rity; The provisions of this Part (1966), that it is proposed to amend cer­ times for examination by inspectors. 113 issued under 37 Stat. 832-833; 21 Ü.S.C. tain of the regulations relating to viruses, Such charts shall be kept in accordance 151-158. serums, toxins, and analogous products with Part 116 of this chapter. S tandard P rocedures in Title 9, Code of Federal Regulations, issued pursuant to the provisions of the § 109.3 Pasteurizers. § 113.25 Culture media for detection of bacteria, fungi, and yeasts. Virus-Serum-Toxin Act of March 4,1913 All pasteurizing equipment shall meet (21 U.S.C. 151-158). the requirements in paragraphs (a ), (b), (a) Ingredients for which standards The proposed amendments to Part 109 and (c) of this section and be acceptable are prescribed in The United States would apply requirements for automatic to the Division. Pharmacopeia or The National Formu­ gauges on sterilizers in § 109.2 to produc­ (a) Metal serum containers, not to lary shall conform to such standards. In tion of all biological products. Regula­ exceed a capacity of 50 liters, shall be lieu of preparing the media from the in­ tions for pasteurizing equipment in used in licensed establishments. During dividual ingredients, they may be made § 114.12, are revised and added as a new the heating process, these containers from dehydrated mixtures which, when § 109.3. The title would be changed to shall be surrounded by a separate water reconstituted with distilled water, have “Sterilization and Pasteurization at Li­ jacket or equivalent so that the entire the same or equivalent composition as censed Establishments.” container, including its lid, is submerged such media and have growth-promoting, The proposed amendments to Part 113 at least 2 inches beneath the surface of buffering, and oxygen tension-controlling would add three new sections pertaining the water. Each serum container shall be properties equal to or better than such to the testing of biological products for equipped with a motor-driven agitator media. bacteria, fungi and yeasts. and a separate automatic recording ther­ (b) The growth-promoting qualities The proposed amendments to Part 114 mometer, and shall have a lid attached shall be demonstrated for each lot of would change the title to “Production to the container so as to withstand ap­ commercial dehydrated medium and Requirements for Licensed Establish­ proximately 15 pounds per square inch each batch of medium prepared from ments”; would amend and redesignate without leakage, when submerged in individual ingredients by the licensee. § 121.1 as a new § 114.6 containing regu­ water. Two or more strains of micro-organisms lations pertaining to the admittance of (b) The water bath shall have ah that are exacting in their nutritive re­ biological products to licensed establish­ automatic temperature control to limit quirements shall be used. More than one ments; would revise § 114.9 by changing the temperature of the water to a maxi­ dilution shall be used to demonstrate the the word “batch” to “serial”; would add mum of 62° C., an automatic recording adequacy of the medium to support the a new § 114.10 to authorize the use of thermometer, an indicating thermometer growth of a minimum number of micro­ antibiotics as preservatives under speci­ set in a fixed position, and circulating organisms. fied restrictions; would revise § 114.12 to mechanism adequate to insure equal (c) The sterility of the medium shall include other animals under paragraph temperatures throughout the bath. The be confirmed by incubating an adequate (a) ; and would include porcine origin heating unit for the bath -shall be sep­ number of tubes and examining each for serum and antiserum under paragraph arate from the serum container and the growth. Additional control may be used (b) . water jacket. by incubation of representative uninoc­ The proposed amendments to Chapter (c) Accurate thermometers at li­ ulated tubes for the required incubation I of Title 9, of the Code of Federal Regu­ censed establishments shall be used at period during each test. lations, deletes from the regulations ob­ frequent intervals to check temperatures (d) A determination shall be made by solete procedures for antihog cholera of the serum as registered by recording the licensee for each biological product serum and hog cholera virus production thermometers. of the proportion of inoculum to medium by revoking Part 121, except § 121.1 which shall result in sufficient dilution of which is included in the proposed amend­ such product to prevent bacteriostatic ments to Part 114. PART 113— STANDARD and fungistatic activity. REQUIREMENTS § 113.26 Detection of viable extraneous PART 109— STERILIZATION AND PAS­ bacteria, fungi and yeasts in all bio­ TEURIZATION AT LICENSED ESTAB­ 2. Part 113 is amended by adding three logical products except live vaccines. new sections and amending the table of LISHMENTS Each serial and subseriâl of biological contents to read: 1. Part 109 is amended by changing the product except live vaccines shall be title, by amending the table of contents, Applicability tested for the presence of viable forms of by revising § 109.2, and adding a new Sec. 113.1 Compliance. bacteria, fungi and yeasts as prescribed § 109.3 to read: 113.2 Ingredients of biological products. in this section unless otherwise specified sec. 113.3 Sampling of biological products. by the Director. 109.1 Equipment and the like. 113.4 Outline of production. (a) The media to be used shall be as 109.2 Sterilizers. 113.5 General testing. 109.3 Pasteurizers. 113.6 Division testing. follows:

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 PROPOSED RULE MAKING 7653

and yeasts shall be conducted as follows: Sec. (1) Fluid Thioglycollate Medium with 114.10 Antibiotics as preservatives. Added Beef Extract shall be used to test (1) Soybean Casein Digest Medium 114.12 Production of serums and antiserum. for bacteria in biological products con­ shall.be used. taining clostridial toxoids, bacterins, and (2) Ten final container samples from Authority : The provisions of this Part each serial and subserial shall be tested. 114 issued under 37 Stat. 832-833; 21 U.S.C. bacterin-toxoids. 151-158. (2) Fluid Thioglycollate Medium shall (3) Immediately prior to starting the be used to test for bacteria in biological tests, frozen liquid vaccine shall be § 114.6 Admission of biological prod­ products other than clostridial toxoids, thawed, and lyophilized vaccine shall be ucts to licensed establishments. bacterins and bacterin-toxoids. rehydrated as recommended on the label Except as specifically authorized by (3) Soybean-Casein Digest Medium with diluent supplied by the licensee or the regulations in Parts 101 through 121 shall be used to test biological products with sterile distilled water. of this subchapter, no biological product for fungi and yeasts. (4) To test for bacteria, 0.2 ml. of which has not been prepared, handled, (b) Test procedure: vaccine from each final container sample stored, and marked in accordance with (1) Ten final container samples from shall be placed into a corresponding such regulations and no biological prod­ each serial and subserial shall be tested individual flask containing 120 ml. of uct which is worthless, contaminated, using the media as prescribed in para­ Soybean Casein Digest medium. Addi­ dangerous, or harmful shall be brought graph (a) of this section. tional medium shall be used if the deter­ onto the premises of any licensed (2) Inoculate 1 ml. of material from mination made as required in § 113.25(d) establishment. each final container sample to a cor­ indicates the need for a greater dilution responding individual vessel of culture of the biological product. Incubation § 1 1 4 .9 Mixing biological products. medium. The quantity of medium shall shall be at 35° to 37° C. for 7 days. Each serial of biological product, when be suffiicent to negate bacteriostatic or (5) To test for fungi and yeast, 0.2 in liquid form, shall be mixed thoroughly fungistatic activity in the biological ml. of vaccine from each final container in a single container and be constantly product as determined in § 113.25(d). sample shall be placed into a correspond­ agitated during bottling operations at (3) Incubation shall be for an obser­ ing individual tube containing 40 ml. of licensed establishments. A serial number, vation period of 14 days at 35° to 37° C. Soybean Casein Digest medium. Addi­ with any other markings that may be for Fluid Thioglycollate Medium and tional medium shall be used if the deter­ necessary for ready identification of the Fluid Thioglycollate Medium with Added mination made as required in § 113.25(d) serial, shall be applied to identify it with Beef Extract and for 14 days at 20° to indicates the need for a greater dilution the records of preparation and labeling. 25° C. for Soybean-Casein Digest of the biological product. Incubation Medium. shall be at 20° to 25° C. for 14 days. § 114.10 Antibiotics as preservatives. (4) If the inoculum renders the (6) Examine the contents of all test Antibiotics are authorized for use as medium turbid so that the absence of vessels for macroscopic microbial growth preservatives for biological products if growth cannot be determined by visual during the incubation period. If growth used within the limitations as to kinds examination, subcultures shall be made in a flask or tube cannot be reliably de­ and amounts prescribed in this section. on the seventh to 11th day from biologi­ termined by visual examination, judg­ (a) When an antibiotic or combina­ cal products prepared from clostridial ment shall be confirmed by subcultures, tion of antibiotics, with or without a toxoids, bacterins and bacterin-toxoids microscopic examination or both. fungistat is to be used in the preparation and and the third to seventh day for all (7) If growth is found in two or more of a biological product, the kind(s) and other inactivated biological products. flasks (bacterial test) or two or more amount(s) of each shall be specified in Portions of the turbid medium in tubes (fungi and yeasts test), the serial the outline for such product in such a amounts of not less than 1.0 ml. shall be or subserial is unsatisfactory: Provided, way that the concentration in the final transferred to 20 to 25 ml. of fresh That if no more than two test vessels in product may be calculated. Except as medium, and incubated the balance of either test show growth, one retest of may be approved by the Director, only the 14-day period. either or both tests may be conducted. those individual antibiotics or combina­ (c) Examine the contents of all test Results of retests shall be evaluated as tions of antibiotics listed in paragraphs vessels for macroscopic microbial growth in the initial tests. (b) and (c) of this section shall be used. during the incubation period. Each test (b) Live "bacterial vaccines. Each (b) Permitted individual antibiotics: shall be concluded earlier if judged un­ serial or subserial of live bacterial bio­ satisfactory or inconclusive. The follow­ logical products shall be tested for purity (1) The antibiotic level of a specified ing rules shall apply: by plating on appropriate medium de­ individual antibiotic in one ml. of a bio­ logical product, when prepared as recom­ (1) If no growth is found in the test pending upon the live bacteria contained vessels representing a serial or subserial, in the product. A serial or subserial shall mended for use, shall not exceed the such serial or subserial meets the re­ amounts listed in this paragraph: Pro­ be considered unsatisfactory if there is vided, That in the case a desiccated quirements of the test. any evidence of viable extraneous bac­ (2) If growth is found in any test teria, fungi, or yeasts. biological product is to be used with an vessel representing a serial or subserial, indefinite quantity of water or other such serial or subserial is unsatisfactory menstruum, the determination shall be unless the test is judged inconclusive, in PART 114— PRODUCTION REQUIRE­ based on 30 ml. per 1,000 dose vial or which case, the serial or subserial shall MENTS FOR LICENSED ESTABLISH­ equivalent. be retested. MENTS (2) Except as prescribed in paragraph (3) When a retest is conducted on a '(c) of this section, only one antibiotic serial or subserial, 20 final container 3. Part 114 is amended by changingshall be used as a preservative in a bio­ samples shall be tested. the title; by adding a new § 114.6 and a logical product. The kind and maximum (4) All retests shall, be judged in ac­ new § 114.10; and by revising §§ 114.9 amount per ml. of such antibiotic shall cordance with subparagraphs (1) and and 114.12. Part 114 as amended, reads be restricted to: (2) of this paragraph. as follows: Amphotericin. B ______2.5 meg. § 113.27 Detection of viable extraneous Sec.. My statin (My costatin)______30.0 units bacteria, fungi and yeasts in live 114.1 Products not prepared under license. Tetracyclines ______30.0 meg. vaccines. 114.2 Biological products; preparation and P en icillin ______30.0 units . handling. Streptomycin _____ 30.0 meg. (a) Live viral vaccines. Each serial 114.3 Separation of establishments. Polymyxin B ______30.0 meg. and subserial of a biological product com­ 114.4 Biological products; preparation by Neomycin ______30.0 meg. another licensee. posed of live virus shall be tested for (c) Permitted combinations: viable extraneous bacteria,' fungi and 114.5 Inspections of licensed establish­ yeasts according to procedures pre­ ments. (1) Either amphotericin B or mysta- scribed in this paragraph if such product 114.6 Admission of biological products to tin, but not both, may be used with one licensed establishments. of the other antibiotics listed in para­ is recommended for inoculation with a 114.7 Composition of products. hypodermic syringe and needle or com­ 114.8 Methods. graph (b) of this section, or with a com­ parable device. Tests for bacteria, fungi 114.9 Mixing biological products. bination of penicillin and streptomycin,

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7654 PROPOSED RULE MAKING or with a combination of polymyxin B are proposed by the Administrator, So­ and neomycin. DEPARTMENT OF HEALTH, cial and Rehabilitation Service, with the (2) The maximum amount of each approval of the Secretary of Health, antibiotic in a combination shall be the EDUCATION, AND WELFARE Education, and Welfare. The proposed amount prescribed for such antibiotic in regulations relate to periodic medical re­ paragraph (b) of this section. Food and Drug Administration view and medical inspections in skilled nursing homes and mental hospitals un­ (d> Antibiotics used in virus seed [ 21 CFR Part 27 1 der State plans for medical assistance stock purification are not restricted as to CANNED APRICOTS under title X IX of the Social Security kind or amounts provided carryover into Act. the final product is controlled and speci­ Quality Standard; Proposed Deletion Prior to the adoption of the proposed fied in outlines of production. of Minimum Weight Requirement regulations, consideration will be given § 114.12 Production of serums and for Apricot Halves and Quarters to any comments, suggestions, or objec­ antiserums. tions thereto which are submitted in Notice is given that a petition has been writing to the Administrator, Social and (a) Serums and antiserums prepared filed by the National Canners Associa­ Rehabilitation Service, Department of for inoculation into animals shall be tion, 1133 20th Street NW„ Washington, Health, Education, and Welfare, 330 In­ obtained from the blood of healthy ani­ D.C. 20036, proposing that the standard dependence Avenue SW., Washington, mals maintained at licensed establish­ of quality for canned apricots (21 CFR D.C. 20201, within a period of 30 days ments. Detailed records regarding tests 27.11) be amended to delete the minimum from the date of publication of this made on the animals and the antigens weight requirement for apricot halves notice in the F ederal R eg ister. given to the animals shall be maintained and quarters.. Grounds given in support The proposed regulations are to be by the licensee. of the proposal are that: (1) Since 1939 issued under sections 1102 and 1902(a) (b) Serum and antiserum of equine when the standard became effective con­ (26) of the Social Security Act, 49 Stat. origin shall be heated at 58.5° C. for 60 sumers have ceased to regard size of 647, 81 Stat. 906; 42 U.S.C. 1302 and minutes, with a tolerance of 0.5° above halves and quarters of canned apricots 1396a(a)(26). as an indication of quality, (2) horticul­ and below that temperature. Serum and Dated: May 11,1970. antiserum of bovine and porcine origin tural changes since 1939 have voided the shall be heated in like manner for 30 basis for the size limitation, (3) the J ohn D. T w inam e, minutes. Neither serum nor antiserum trend toward a smaller crop and a Administrator, Social and shall contain preservative at the time of smaller average apricot size coupled with Rehabilitation Service. heating. the increased consumer demand for Approved: May 14,1970. (c) Serum and antiserum heated as canned apneots since 1939 could result provided in paragraph (b) of this sec­ in a serious economic disadvantage to R obert H. F inch, tion, shall be cooled immediately there­ the consumer unless smaller satisfactory Secretary. after to 15° C. or lower, and thus held apricots are permitted for use, and (4) § 250.23 Periodic medical review and until properly preserved. It shall be pre­ the sales of apricots in smaller can sizes medical inspections in skilled nurs­ served, mixed, and tested by methods have increased and smaller apricot units ing homes and mental hospitals. described in the licensee’s outline. would provide for a better fill. (a) State plan requirements; medical (d) Licensees shall keep detailed rec­ Pursuant to provisions of the Federal review. A State plan for medical assist­ ords relative to each batch of antiserum Food, Drug, and Cosmetic Act (secs. 401, ance under title X IX of the Social Secu­ or senim pasteurized and each serial 701, 52 Stat. 1046, 1055, as amended 70 rity Act must: prepared for marketing. Recording Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 371) (1) Provide, with respect to patients thermometer charts shall bear full in­ and in accordance with authority dele­ eligible under the State plan who are formation concerning the antiserum or gated to the Commissioner of Food and admitted to a skilled nursing home or serum heated and tests made of the Drugs (21 CFR 2.120), interested- per­ who make application while in such a equipment. sons are invited to submit their views in home, for a medical review (including writing (preferably in quintuplicate) re­ medical evaluation) of the need for care garding this proposal within 60 days PART 121— ADMISSION OF BIOLOG­ in such a home, a written plan of care after its date of publication in the F ed­ ICAL PRODUCTS AND MATERIALS and, where applicable, a plan of rehabili­ eral R eg ister . Such views and comments tation; and if the State plan includes TO LICENSED ESTABLISHMENTS should be addressed to the Hearing Clerk, medical assistance in behalf of individ­ Department of Health, Education, and 4. Part 121 of Chapter I of Title 9 of uals 65 years of age or older who are Welfare, Room 6-62, 5600 Fishers Lane, patients in institutions for mental dis­ the Code of Federal Regulations is Rockville, Md. 20852, and may be ac­ revoked. eases, provide, with respect to patients companied by a memorandum or brief eligible under the State plan who are Interested persons are invited to sub­ in support thereof. admitted to a mental hospital or who mit written data, views, or arguments Dated: May 12,1970. make application while in such a hos­ regarding the proposed regulations to pital, for a medical review (including the Veterinary Biologies Division, Fed­ S am D. F in e , medical evaluation) of the need for care eral Center Building, Hyattsville, Md. Acting Associate Commissioner in such a hospital, and a written plan 20782, within 60 days after date of pub­ for Compliance. of care. Such a review and plans would lication of this notice in the F ederal [F.R, Doc. 70-6088; Filed, May 15, 1970; be, made by the patient’s attending R eg ister. 8:50 a.m.] physician with respect to care in skilled All written submissions made pursuant nursing homes, and by the attending to this notice will be made available for physician or staff physician with respect public inspection at such times and Social and Rehabilitation Service to care in mental hospitals. Provisions required by this subparagraph shall in­ places and in a manner convenient to [ 45 CFR Part 250 1 clude descriptions of methods and proce­ the public business (7 CFR 1.27(b)). ADMINISTRATION OF MEDICAL dures to be followed in each case which Done at Washington, D.C., this 13th ASSISTANCE PROGRAMS assure that prior to admission or prior day of May 1970. to authorization of payments, as may be Periodic Medical Review and Medi­ appropriate: G eorge W. I rving, Jr., cal Inspections in Skilled Nursing (i) Each, patient receives a complete Administrator, Homes and Mental Hospitals medical evaluation which includes diag­ Agricultural Research Service. noses, summary of present medical find­ Notice is hereby given that the regu­ ings, medical history, mental and physi­ [F.R. Doc. 70-6101; Filed, May 15, 1970; 8:51 ajn .] lations set forth in tentative form below cal functional capacity, .prognosis and an

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 PROPOSED RULE MAKING 7655

explicit recommendation by the physi­ servation of each patient receiving as­ tification of the facilities involved for cian with respect to admission to or sistance under the plan by the team purposes of title XVIII or XIX, and continued care in a skilled nursing home member (s) designated by the supervis­ (iv) In addition to the foregoing in or mental hospital; ing physician, and review of each such the case of inspection reports on mental (ii) The plan of care includes orders patient’s medical record, and for hospitals, a copy is forwarded to the for medications, treatments, restorative patients in mental institutions review of appropriate State mental health au­ services, diet, special procedures recom­ each such patient’s medical record, if thorities; and mended for the health and safety of the such record contains complete reports patient, activities, and plans for continu­ of periodic assessments required by sec­ (v) Reports and recommendations are ing care and discharge; tion 1902(a) (20) of the Social Security followed by appropriate action on the (iii) In the case of skilled nursing Act, or if such reports are not available part of the single State agency. home patients, written reports of the or are found to be inadequate, personal [F.R. Doc. 70-6182; Filed, May 15, 1970; evaluation and the written plan of care contact with and observation of each 10:14 a.m.] are delivered to the facility and entered such patient. Such reviews and observa­ in the patient’s record at the time of ad­ tions are to determine the adequacy of mission or, in the case of patients al­ the services available to meet the cur­ ready in the facility, immediately upon rent health needs and promote the maxi­ DEPARTMENT OF HOUSING AND completion; and mum physical well-being of patients,'the (iv) In the case of patients in institu­ necessity and desirability of the con­ URDAN DEVELOPMENT tions for mental diseases, the evaluation tinued placement of such patients in also includes psychiatric and social such facilities, and the feasibility of Federal Insurance Administration evaluations; meeting their health needs through al­ [ 24 CFR Part 1905 1 (2) Provide for periodic inspections to ternative institutional or non-institu- be made in all skilled nursing homes tional services. Under this requirement, STATEWIDE “FAIR” PLANS (and, if the State plan includes medical such determinations may be based upon assistance for individuals 65 years of age consideration of such items as whether: Extension of Time for Comments and older in institutions for mental (a) The medical evaluation and plan On April 9, 1970, the Federal Insur­ diseases, in each such institution) caring of care for each patient are complete and ance Administrator published a notice for patients under the plan by one or current, the plan of care (and, where ap­ of proposed rule making informing the more medical review teams which shall: plicable, the plan of rehabilitation) is public of the agency’s intention to add (i) Be composed of one or more physi­ being followed and all services ordered a new Part 1905 to Chapter VII of Title cians and other appropriate health and .(including dietary orders) are being 24 and soliciting comments from inter­ social service personnel such as profes­ rendered and properly recorded, ested persons within 30 days from the sional registered nurses, social workers, (b) Prescribed medications have been date of publication of the notice. Part registered physical therapists, pharma­ reviewed by the attending physician at 1905, entitled “Statewide ‘FAIR’ Plans,” cists, dietitians; or in the case of teams least every 30 days, and tests or observa­ would promulgate in regulatory form the reviewing care in mental institutions, tions of patients indicated by their med­ “Guidelines for Statewide FAIR Plans” one or more psychiatrists or physicians ication regimen have been made at ap­ issued by the Department on October 3, knowledgeable about mental institutions propriate intervals and properly re­ 1968, and would establish certain new and other appropriate mental health and corded, requirements, as set forth in the docu­ social service personnel, such as reg­ (c) Physician and nurses progress ment published on April 9 (35 F.R. istered professional nurses, social notes are made as required and appear 5817-21). to be consistent with the observed condi­ workers, and clinical psychologists; Because of the nature of the comments (ii) Function under the supervision of tion of the patient. a physician on the team; (d) Adequate services are being rend­ thus far and the number of requests re­ ceived for additional time in which to (iii) Have no members who are em­ ered each patient as evidenced by such comment, I have determined that it is in ployed by or have any financial interest observations as cleanliness, absence of in any nursing home (or, in the case of decubiti, absence of signs of malnutrition the public interest to extend the period teams reviewing care in mental institu­ or dehydration, and apparent mainte­ for receipt of comments to be considered tions, have a financial interest in any nance of optimal physical, mental and prior to adoption of the regulation, and mental instituton or are employed by a psychosocial function, the deadline for receipt of such com­ ments is hereby extended through June 1, mental institution reviewed by the team (e) The patient currently requires any 1970. of which they are members) ; service not avaliable in or actually being (3) Provide for methods and proce­ furnished by the particular facility or G eorge K. B ern stein , dures which assure that: through arrangements with others, and Federal Insurance Administrator. ti) A sufficient number of teams exists (/) Each patient actually needs con­ [F.R. Doc. 70-6099; Filed, May 15, 1970; and, they are so distributed within the tinued placement in the facility or there 8:51 a.m.] State that on-site inspections can be is an appropriate plan to transfer the made in all skilled nursing homes (and patient to an alternate method of care; mental institutions) caring for patients (4) Provide for methods and proce­ under the plan at appropriate intervals; dures which assure that: DEPARTMENT OF (ii) No physician member of a team (i) A full and complete report on each inspects the care of patients for whom inspection visit is promptly submitted by TRANSPORTATION he is the attending physician; the medical review team to the single Federal Aviation Administration State agency covering the observations, (iii) At least one inspection by a medi­ cal review team is made in each skilled conclusions and recommendations of the [1 4 CFR Part 39 ] team with respect to the adequacy and nV,r®!ng home or mental institution quality of all patient services in the fa­ [Docket No. 9848] within 1 year from the date of publica­ cility (including physician services to SIAI MARCHETTI AIRPLANES tion of this section in the F ederal R e g is­ medical assistance patients in the facil­ ter and thereafter at intervals to be ity) as well as specific findings with re­ Proposed Airworthiness Directive determined by the team for each facility spect to individual patients; Amendment 39-844, 34 F.R. 14517, AD °n pj16 basis of consideration of the (ii) A copy of the inspection report quality of care being rendered in the 69-19-7, requires repetitive inspections of is forwarded to the administrator and in™.1 f apd the conditions of patients the engine control support console for the utilization review committee re­ deformation, and the elevator control for n the facility receiving service under the sponsible for the facility involved; P an, but not less often than annually; unrestricted travel pending installation (iii) Copies of all inspection reports of propeller control strut P/N 205-6-179- medical review team inspec- are forwarded to the agency of the State 01 on SIAI Marchetti S.205-22/R air­ nov “J^^des f°r skilled nursing home responsible for licensure, and to the patients personal contact with and ob- planes serial numbers 001 through 5-303. agencies responsible for approval or cer- After issuing Amendment 39-844, it has

No. 96____4 FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 1 i, 1970 7656 PROPOSED RULE MAKING Interested persons may participate in the VORTAC; within 9y2 miles southwest and come to the attention of the FAA that 4 y2 miles northeast of the Rhinelander VOR the propeller control strut P/N 205-6- the proposed rule making by submitting TAC 322° radial extending from the 17-mile 179-01 has not corrected the problem of such written data, views, or arguments radius area to 18 y2 miles northwest of the interference between the engine controls as they may desire. Communications VORTAC; within 9% miles northwest and and the elevator control column and that should be submitted in triplicate to the 4 y2 miles southeast of the Rhinelander VOR a new propeller control strut P/N 205-6- Director, Central Region, Attention: TAC 031° radial extending from the 17-mile 179-03 has been designed to correct this Chief, Air Traffic Division, Federal Avi­ radius area to 18 x/2 miles northeast of the VORTAC; and within 9 y2 miles northwest situation. Therefore, the FAA is consider­ ation Administration, Federal Building, y 601 East 12th Street, Kansas City, Mo. and 4 2 miles southeast of the Rhinelander ing amending Amendment 39-844 to re­ VORTAC 058° radial extending from the 17- quire installation of the redesigned pro­ 64106. All communications received with­ mile radius area to 23 y2 miles northeast of peller control strut on SIAI Marchetti in 45 days after publication of this notice the VORTAC. S.205-22/R airplanes serial numbers 001 in the F ederal R eg ister will be con­ These amendments are proposed under through 5-303. sidered before action is taken on the Interested persons are invited to par­ proposed amendments. No public hearing the authority of section 307(a) of the ticipate in the making of the proposed is contemplated at this time, but arrange­ Federal Aviation Act of 1958 (49 U.S.C. rule by submitting such written data, ments for informal conferences with Fed­ 1348), and of section 6(c) of the Depart­ views, or arguments as they may desire. eral Aviation Administration officials ment of Transportation Act (49 U.S.C. Communications should identify the may be made by contacting the Regional 1655(c)). docket number and be submitted in Air Traffic Division Chief. Any data, Issued in Kansas City, Mo., on April 27, duplicate to the Federal Aviation Ad­ views, or arguments presented during 1970. such conferences must also be submitted ministration, Office of the General Coun­ D aniel E. B arrow, sel, Attention: Rules Docket, 800 Inde­ in writing in accordance with this notice Acting Director, Central Region. pendence Avenue SW., Washington, D.G. in order to become part of the record for 20590. All communications received on consideration. The proposals contained in [FJ&. Doc. 70-6053; Filed, May 15, 1970; or before June 15,1970, will be considered this notice may be changed in the light 8:48 a.m.] by the Administrator before taking ac­ of comments received. tion upon the proposed rule. The pro­ A public docket will be available for [14 CFR Part 71 1 posals contained in this notice may be examination by interested persons in the changed in the light of comments re­ Office of the Regional Counsel, Federal [Airspace Docket No. 70-CE—28] ceived. All comments will be available, Aviation Administration, Federal Build­ TRANSITION AREA both before and after the closing date ing, 601 East 12th Street, Kansas City, for comments, in the Rules Docket for Mo. 64106. Proposed .Designation An amended VORr-1 instrument ap­ examination by interested persons. The Federal Aviation Administration This amendment is proposed under the proach procedure has been developed for the Drott Airport, Tomahawk, Wis. In is considering amending Part 71 of the authority of sections 313(a),’ 601, and 603 Federal Aviation Regulations so as to of the Federal Aviation Act of 1958 (49 addition, since the designation of con­ trolled airspace for Drott Airport and the designate a transition area at Lansing, U.S.C. 1354(a), 1421,1423) and of section . 6(c) of the Department of Transporta­ Rhinelander-Oneida County Airport, the 111 tion Act (49 U.S.C. 1655(c)). criteria for the designation of control Interested persons may participate in the proposed rule making by submitting In consideration of the foregoing, it is zones and transition areas have changed. Accordingly, it is necessary to alter the such written data, views, or arguments proposed to amend § 39.13 of Part 39 of as they may desire. Communications the Federal Aviation Regulations, Rhinelander, Wis., control zone and tran­ sition area to adequately protect aircraft should be submitted in triplicate to Amendment 39-844, 34 F.R. 14517, AD the Director, Central Region, Attention: 69-19-7 as follows: executing the amended approach proce­ dure and to comply with the new control Chief, Air Traffic Division, Federal Avia­ (1) By striking out the phrase, “after zone and transition area criteria. tion Administration, Federal Building, the effective date of this AD”, in para­ In consideration of the foregoing, the 601 East 12th Street, Kansas City, Mo. graph (c) and inserting the phrase, Federal Aviation Administration pro­ 64106. All communications received with­ “after the effective date of this-amend­ poses to amend Part 71 of the Federal in 45 days after publication of this notice ment”, in place thereof. Aviation Regulations as hereinafter set in the F ederal R eg ister will be con­ (2) By amending paragraph (d) to forth: sidered before action is taken on the pro­ read as follows: (1) In § 71.171 (35 F.R. 2054), the fol­ posed amendment. No public hearing is (d) Remove straight type propeller con­ lowing control zone is amended to read: contemplated at this time, but arrange­ trol strut (P/N 205-6-179-01) if installed. ments for informal conferences with Install bent type propeUer control strut R hinelander, Wi s . Federal Aviation Administration officials (P/N 206-6-179-03) in accordance with SIAI Within a 5-mile radius of Rhinelander- may be made by contacting the Regional Service Bulletin No. 205B22B, dated Novem­ Oneida County Airport (latitude 45°37'50'' Air Traffic Division Chief. Any data, ber 19, 1969, or later RAI-approved revision N., longitude 89°27'40'' W.); within 2y2 miles views, or arguments presented during or an PAA-approved equivalent. each side of the Rhinelander VORTAC 229° radial extending from the 5-mile radius zone such conferences must also be submitted Issued in Washington, D.C., on May 8, to 6y2 miles southwest of the VORTAC; and in writing in accordance with this notice 1970. within 2 y2 miles each side of the Rhinelander in order to become part of the record for W illia m G. S hreve, Jr ., VORTAC 322° radial extending from the 5- consideration. The proposal contained m Acting Director, mile radius zone to 6^ miles northwest of Flight Standards Service. the VORTAC. of comments received. [F.R. Doc. 70-6052; Filed, May 15, 1970; (2) In § 71.181 (35 F.R. 2134), the fol­ A public docket will be available for 8:48 a.m.] lowing transition area is amended to examination by interested persons in the read: Office of the Regional Counsel, Federal R hinelander, Wis . Aviation Administration, Federal Build­ [ 14 CFR Part 71 1 That airspace extending upward from 700 ing, 601 East 12th Street, Kansas City, [Airspace Docket No. 70-CE-26] feet above the surface within an 8-mile radius Mo. 64106. of the Rhinelander Oneida County Airport CONTROL ZONE AND TRANSITION A new public use instrument approach (latitude 45°37'50" N., longitude 89°27'40" procedure has been developed for the AREA W .); and within an 8-mile radius of the Drott Airport (latitude 45°30'45'' N., longitude Chicago-Hammond Airport, Lansing, IIU Proposed Alteration 89°33'35” W.); and that airspace extending utilizing the Chicago Heights VORTAC upward from 1,200 feet above the surface for the navigational aid. Consequently, The Federal Aviation Administration within a 17-mile radius of the Rhinelander it is necessary to provide controlled air­ is considering amending Part 71 of the VORTAC; within 9l/2 miles southeast and space protection for aircraft executing Federal Aviation Regulations so as to 4 y2 miles northwest of the Rhinelander this new approach procedure by designat­ alter the control zone and transition area VORTAC 229° radial extending from the 17- at Rhinelander, Wis. mile radius area to 18 y2 miles southwest of ing a 700-foot floor transition area at

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 PROPOSED RULE MAKING 7657

Lansing, 111. The new procedure will be­ A public docket will be available for such written data, views, or arguments as come effective concurrently with the des­ examination by interested persons in the they may desire. Communications should ignation of the transition area. IFR air Office of the Regional Counsel, Federal be submitted in triplicate to the Director, traffic at this location will be controlled Aviation Administration, Federal Build­ Central Region, Attention: Chief, Air by the Chicago Air Route Traffic Control ing, 601 East 12th Street, Kansas City, Traffic Division, Federal Aviation Ad­ Center. Mo. 64106. ministration, Federal Building, 601 East In consideration of the foregoing, the New ILS Runway 6 and LOC (BC) 12th Street, Kansas City, Mo. 64106. All Federal Aviation Administration pro­ Runway 24 procedures have been de­ communications received within 45 days poses to amend Part 71 of the Federal veloped for Decatur Airport, Decatur, after publication of this notice in the Aviation Regulations as hereinafter set 111. In addition, the criteria for the desig­ F ederal R eg ister will be considered be­ forth: nation of control zones and transition fore action is taken on the proposed In § 71.181 (35 F.R. 2134), the follow­ areas have changed. Accordingly, it is amendment. No public hearing is con­ ing transition area is added: necessary to alter the Decatur, 111., con­ templated at this time, but arrangements trol zone and transition area to provide for informal conferences with Federal Lansing, I I I . controlled airspace for the protection of Aviation Administration officials may be That airspace extending upward form 700 aircraft executing the new approach pro­ made by contacting the Regional Air feet above the surface within a 5 % -mile cedures and to comply with the new air­ Traffic Division Chief. Any data, views, radius of the Chicago-Hammond Airport space criteria. The effective time of the or arguments presented during such con­ (latitude 41°32'20” N., longitude 87°32'00" Decatur control zone will continue to be ferences must also be submitted in writ­ W.); and within 3 miles each side of the 048° from 0700 to 2300 hours, local time, daily, radial of the Chicago Heights, 111., VORTAC ing in accordance with this notice in extending from the !>% -mile radius area to 7 and any changes thereafter will be con­ order to become part of the record for miles southwest of the VORTAC excluding tinuously published in the Airman’s In­ consideration. The proposal contained the airspace within the Chicago, 111., and formation Manual. in this notice may be changed in the Griffith, Ind., transition areas. In consideration of the foregoing, the light of comments received. This amendment is proposed under the Federal Aviation Administration pro­ A public docket will be available for authority of section 307(a) of the Federal poses to amend Part 71 of the Federal examination by interested persons in the Aviation Act of 1958 (49 U.S.C. 1348), Aviation Regulations as hereinafter set Office of the Regional Counsel, Federal and of section 6(c) of the Department of forth: Aviation Administration, Federal Build­ Transportation Act (49 U.S.C. 1655(c)). (1) In § 71.171 (35 F.R. 2054), the fol­ ing, 601 East 12th Street, Kansas City, lowing control zone is amended to read: Mo. 64106. Issued in Kansas City, M a, on April 27, 1970. Decatur, I I I . A new public use instrument approach Within a 5-mile radius of Decatur Airport procedure has been developed for Salem- D aniel E. B arrow, (latitude 39°50'05" N., longitude 88°52'10" Leckrone Airport, Salem, 111., utilizing a Acting Director, Central Region. W.). This control zone is effective during the relocated radio beacon as a navigational [P.R. Doc. 70-6054; Filed, May 15, 1970; specific dates and times established in ad­ aid. The present instrument approach 8:48 a.m.] vance by a Notice to Airmen. The effective date and time will thereafter be continu­ procedure predicated on the navigational ously published in the Airmen’s Information aid at its old location will be canceled Manual. when the new procedure becomes ef­ [ 14 CFR Part 71 1 fective. Accordingly, the Salem, 111., (2) In § 71.181 (35 F.R. 2134), the fol­ [Airspace Docket No. 70-CE-32] transition area must be altered to provide lowing transition area is amended to adequate airspace protection for aircraft CONTROL ZONE AND TRANSITION read: executing this new procedure. Decatur, I I I . AREA That airspace extending upward from 700 In consideration of the foregoing, the Proposed Alteration feet above the surface within a 7-mile radius Federal Aviation Administration pro­ of the Decatur Airport (latitude 39°50'05” poses to amend Part 71 of the Federal The Federal Aviation Administration N., longitude 88°52'10” W.); and that air­ Aviation Regulations as hereinafter set is considering amending Part 71 of the space extending upward from 1,200 feet above forth: Federal Aviation Regulations so as to the surface within a 23-mile radius of the De­ catur VOR excluding the airspace within the In § 71.181 (35 F.R. 2134), the follow­ alter the control zone and transition ing transition area is amended to read: area at Decatur, 111. Springfield, 111., transition area. S alem, III. Interested persons may participate in These amendments are proposed under the proposed rule making by submitting the authority of section 307(a) of the That airspace extending upward from 700 such written data, views, or arguments Federal Aviation Act of 1958 (49 U.S.C. feet above the surface within a 5-mile radius 1348), and of section 6(c) of the Depart­ of Salem-Leckrone Airport (latitude 38°38'- as they may desire. Communications 40” N., longitude 88°57'50” W.); and within should be submitted in triplicate to the ment of Transportation Act (49 U.S.C. 2 miles each side of the 003° bearing from Director, Central Region, Attention: 1655(c)). Salem-Leckrone Airport, extending from the Chief, Air Traffic Division, Federal Avia­ Issued in Kansas City, Mo., on April 27, 5-mile radius area to 6% miles north of the tion Administration, Federal Building, 1970. airport; and that airspace extending upward rai *^th Street, Kansas City, Mo. from 1,200 feet above the surface within D aniel E? B arrow, 4% miles west and 9 y2 miles east of the 003° 6’ J06. AH communications received Acting Director, Central Region. within 45 days after publication of this bearing from Salem-Leckrone Airport, ex­ [F.R. Doc. 70-6055; Filed, May 15, 1970; tending from the north edge of V-446 to 25 F ederal R eg ister notice in the will be 8:48 a.m.] miles north of the airport, excluding the por­ considered before action is taken on the tion which overlies the Vandalia, 111., transi­ Proposed amendments. No public hearing tion area. is contemplated at this time, but arrange­ [ 14 CFR Part 71 1 ments for informal conferences with This amendment is proposed under the federal Aviation Administration offi­ [Airspace Docket No. 70-CE-30] authority of section 307(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1348), cials may be made by contacting the TRANSITION AREA regional Air Traffic Division Chief. Any and of section 6(c) of the Department of data, views, or arguments presented dur- Proposed Alteration Transportation Act (49 U.S.C. 1655(c)). conferences must also be sub- The Federal Aviation Administration Issued in Kansas City, Mo., on April 27, mitted in writing in accordance with this is considering amending Part 71 of the 1970. °?C'e m order to become part of the rec­ Federal Aviation Regulations so as to D aniel E . B arrow, to f consideration. The proposals con- alter the transition area at Salem, 111. Acting Director, Central Region. n°tice may be changed in Interested persons may participate in ne nght of comments received. [F.R. Doc. 70-6056; Filed, May 15, 1970; the proposed rule making by submitting 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7658 PROPOSED RULE MAKING

[14 CFR Pari 71 1 (2) In $ 71.181 (35 F.R. 2134), the fol­ record for consideration. The proposals contained in this notice may be changed [Airspace Docket No. 70-CE-34] lowing transition area is amended to read: in the light of comments received. CONTROL ZONE AND TRANSITION B e m id ji, Min n . A public docket will be available for AREA That airspace extending upward from 700 examination by interested persons in the feet above the surface within a 7-mile radius Office of the Regional Counsel, Federal Proposed Alteration of Bemidji Municipal Airport (latitude 47° Aviation Administration, Federal Build­ The Federal Aviation Administration 30'35” N., longitude 94°55'50" W.); within 5 ing, 601 East 12th Street, Kansas City, is considering amending Part 71 of the miles each side of the Bemidji VORTAC 135° Mo. 64106. radial, extending from the 7-mile radius area Since designation of controlled air­ Federal Aviation Regulatons so as to to 19*4 miles southeast of the VORTAC; alter the control -zone and transition area within 5 miles each side of the Bemidji space at Alexandria, Minnesota, the in­ at Bemidji, Minn. VORTAC 318° radial, extending from the 7- strument approach procedure for Alex­ Interested persons may participate in mile radius area to 8 miles northwest of the andria, Minn., Municipal Airport has been altered. Accordingly, it is necessary the proposed rule making by submitting VORTAC; and within 4y2 miles north and 9 y2 miles south of the 262° bearing from to alter the Alexandria control zone and such written data, views, or arguments as Bemidji Municipal Airport, extending from transition area to adequately protect air­ they may desire. Communications should the airport to 18 % miles west of the airport; craft executing the altered approach be submitted in triplicate to the Director, and that airspace extending upward from procedure. Central Region, Attention: Chief, Air 1,200 feet above the surface within a 13-mile In consideration of the foregoing, the Traffic Division, Federal Aviation Ad­ radius of Bemidji VORTAC, extending from the 318° radial, clockwise to the 014° radial; Federal Aviation Administration pro­ ministration, Federal Building, 601 East poses to amend Fart 71 of the Federal 12th Street, Kansas City, Mo. 64106. All within a 23% -mile radius of Bemidji VOR TAG extending from the 014° radial clockwise Aviation Regulations as hereinafter set communications received within 45 days to the 285° radial; within 4% miles north­ forth: after publication of this notice in the east and 9% miles southwest of the Bemidji (1) In § 71.171 (35 F.R. 2054), the fol­ F ederal R egister will be considered be­ VORTAC 318° radial, extending from the lowing control zone is amended to read: fore action is taken on the proposed VORTAC to 18% miles northwest of the amendments. No public hearing is con­ VORTAC; and within 4% miles southwest Alexandria, Min n . templated at this time, but arrangements and 9% miles northeast of the Bemidji Within a 5-mile radius of Alexandria Mu­ for informal conferences with Federal VORTAC 135° radial, extending from the nicipal Airport (latitude 45°52'00" N„ longi­ Aviation Administration officials may be 23% -mile radius area to 30 miles southeast of tude 95°23'40'' W.), and within 2 miles each the VORTAC. side of the Alexandria VORTAC 231° radial, made by contacting the Regional Air extending from the 5-mile radius zone to 2 Traffic Division Chief. Any data, views, These amendments are. proposed under miles southwest of the VORTAC. or arguments presented during such con­ the authority of section 307(a) of the Federal Aviation Act bf 1958 (49 U.S.C. (2) In § 71.181 (35 F.R. 2134), the fol­ ferences must also be submitted in writ­ lowing transition area is amended to ing in accordance with this notice in 1348), and of section 6(c) of the Depart­ read: order to become part of the record for ment of Transportation Act (49 U.S.C. Alexandria, Min n . consideration. The proposals contained in 1655(c)). That airspace extending upward from 700 this notice may be changed in the light Issued in Kansas City, Mo., on April 27, feet above the surface within a 7-mile radius of comments received. 1970. of Alexandria Municipal Airport (latitude A public docket will be available for D aniel E . B arrow, 45°52'00" N., longitude 95°23'40" W.); and examination by interested persons in the Acting Director, Central Region. within 2 miles each side of the Alexandria Office of the Regional Counsel, Federal VORTAC 231° radial, extending from the 7- Aviation Administration, Federal Build­ [F.R. Doc. 70-6057; Filed, May 15, 1970; mile radius area to the VORTAC; and that 8:48 a.m.] airspace extending upward from 1,200 feet ing, 601 East 12th Street, Kansas City, above the surface within a 13-mile radius of Mo. 64106. [14 CFR Part 71 1 the Alexandria VORTAC, extending from the Since designation of controlled air­ 306° radial clockwise to the 148° radial; space at Bemidji, Minn., the instrument [Airspace Docket No. 70-CE-38] within 4% miles southeast and 9% miles approach procedures for Bemidji Munici­ northwest of the Alexandria VORTAC 051° pal Airport have been altered. In addi­ CONTROL ZONE AND TRANSITION and 231° radials extending from 6 miles AREA southwest to 18% miles northeast of the tion, the criteria for the designation of VORTAC; and within 5 miles each side of the control zones and transition areas have Proposed Alteration Alexandria VORTAC 231° radial, extending changed. Accordingly, it is necessary to from 9% miles southwest to 21% miles south­ alter the Bemidji, Minn., control zone The Federal Aviation Administration west of the VORTAC. is considering amending Part 71 of the These amendments are proposed under and transition area to adequately protect Federal Aviation Regulations so as to aircraft executing the altered approach the authority of section 307(a) of the alter the control zone and transition area Federal Aviation Act of 1958 (49 U.S.C. procedures and to comply with the new at Alexandria, Minn. 1348), and of section 6(c) of the Depart­ control zone and transition area criteria. Interested persons may participate in ment of Transportation Act (49 U.S..C. In consideration of the foregoing, the the proposed rule making by submitting 1655(c)). such written data, views, or arguments Federal Aviation Administration pro­ as they may desire. Communications Issued in Kansas City, Mo., on April 27, poses to amend Part 71 of the Federal should be submitted in triplicate to the 1970. Aviation Regulations as hereinafter set Director, Central Region, Attention: D aniel E. B arrow, forth: Chief, Air Traffic Division, Federal Avia­ Acting Director, Central Region. tion Administration, Federal Building, [F.R. Doc. 70-6058; Filed, May 15, 1970; (1) In § 71.171 (35 F.R. 2054), the fol­ 8:48 a.m.] lowing control zone is amended to read: 601 East 12th Street, Kansas City, Mo. 64106. All communications received B e m id ji, Min n . within 45 days after publication of this [ 14 CFR Part 71 1 Within a 5-mile radius of Bemidji Munic­ notice in the F ederal R egister will be [Airspace Docket No. 69-CE—90] ipal Airport (latitude 47°30'35'' N., longi­ considered before action is taken on the tude 94°55'50" W.); within 1 % miles each CONTROL ZONE AND TRANSITION side of the Bemidji VORTAC 138° radial, ex­ proposed amendments. No public hear­ tending from the 5-mile radius zone to the ing is contemplated at this time, but AREA VORTAC; and within 3% miles each side of arrangements for informal conferences Withdrawal of Proposed Designation the 262° bearing from Bemidji Municipal with Federal Aviation Administration Airport, extending from the 5-mile radius officials may be made by contacting the In a notice of proposed rule making zone to 8 miles west of the airport. This con­ Regional Air Traffic Division Chief. Any published in the F ederal R egister on trol zone is effective during the specific dates data, views, or arguments presented dur­ • September 25, 1969 (34 F.R. 14766), a and times established in advance by a Notice proposal to alter the control zone ana to Airmen. The effective date and time will ing such conferences must also be sub­ thereafter be continuously published in the mitted in writing in accordance with this, transition area at Leavenworth, Kans., Airman’s Information Manual. notice in order to become part of the was set forth.

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 PROPOSED RULE MAKING 7659

Subsequent to the publication of the is hereby given that the proposal con­ notice, the project to install an ILS sys­ tained in Airspace Docket No. 69-CE-90 tem at Sherman AAP, Leavenworth, (34 F.R. 14766) is withdrawn. Kans., has been canceled. Therefore, the This withdrawal of the notice of pro­ proposed airspace action to provide con­ posed rule making is made under the au­ trolled airspace protection for the instru­ thority of section 307(a) of the Federal ment approach procedures predicted on Aviation Act (49 U.S.C. 1348), and of sec­ the Sherman AAP ILS system is no tion 6(c) of the Department of Trans­ longer required. In addition, it has been determined that it is in the best interest portation Act (49 U.S.C. 1655(c)). of all to postpone action to revise the air­ Issued in Kansas City, Mo., on April 27, space at Leavenworth in compliance 1970. with TERPS criteria until a later date when the instrument approach proce­ D aniel E. B arrow, dures in the Kansas City Metropolitan Acting Director, Central Region. Area have been modified in accordance [F.R. Doc. 70-6059; Filed, May 15, 1970; with this criteria. Consequently, notice 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7660 Notices

ices Contracts Division dated June 26, Principal Meridian, Montana DEPARTMENT OF STATE 1969, is hereby superseded. NONCOAL LANDS Agency for International This Redelegation of Authority is ef­ T. 3 N„ R. 19 W., Development fective immediately. Secs. 1 to 36, inclusive. ’ R oderic L. O ’Connor, T. 2 N„ R. 20 W., DIRECTOR, OFFICE OF PROCUREMENT Assistant Administrator, East Asia. Secs. 5 to 8, inclusive, 17 to 20, inclusive, MANAGEMENT, AND CHIEF, SERV­ and 25 to 36, inclusive. Apr il 30,1970. T. 3 N„ R. 20 W., ICES CONTRACTS DIVISION, BU­ Secs. 1 to 12, inclusive; REAU FOR EAST ASIA [F.R. Doc. 70-6078; Filed, May 15, 1970; Sec. 13, Ni/2, Ni/2SWi4, SW&SW&, Ni/2 8:50 a.m.] SE 14, S W % S E i4 ; Redelegation of Authority Regarding Secs. 14 to 36, inclusive. Contracting Functions The area described aggregates about Pursuant to the authority delegated DEPARTMENT OF THE TREASURY 57,687 acres, all of which are classified to me by Delegation of Authority No. 17 noncoal lands. from the Administrator, dated June 14, Bureau of Customs W. A. R a dlin ski, Acting Director. 1962, as amended and by Subpart 7-30.4 [T.D. 70-118] of the AID Procurement Regulations, M ay 12, 1970. I hereby redelegate, for countries or TUNA FISH [F.R. Doc. 70-6092; Filed, May 15, 1970; areas within the responsibility of the As­ 8:51 a.m.] sistant Administrator for East Asia, au­ Tariff-Rate Quota thority to the Director, Office of Pro­ M ay 12,1970. curement Management and the Chief, NEW MEXICO AND WYOMING The tariff-rate quota for the calendar Services Contracts Division, to sign or Definitions of Known Geologic Struc­ approve the following : year 1970 on tuna classifiable under item (1) Contracts and amendments to 112.30, Tariff Schedules of the United tures of Producing Oil and Gas contracts, financed in whole or in part States. Fields by AID, other than contracts exclu­ Pursuant to the provisions of item 112.30, Tariff Schedules of the United Pursuant to 43 CFR 3120.2-2(b), notice sively for the supply of commodities, is hereby given that the known geologic and grants, other than to a foreign States, it has been determined that 70,- 145,924 pounds of tuna may be entered structures of producing oil and gas fields government, or agencies of a foreign have been defined as follows: government; for consumption or withdrawn from (2) Letters of Commitment and No­ warehouse for consumption during the N a m e s o p F i e l d , E f f e c t i v e D a t e , A c r e a g e tices of Approval for Financing of Co­ calendar year 1970 at the rate of 8.5 per (31) NEW MEXICO operating Country Contracts for Con­ centum ad valorem under item 112.30. Cotton Draw; Feb. 16,1970; 11,784. tracts described in paragraph (1) Any such tuna which is entered, or with­ drawn from warehouse, for consumption Double X —Triste Draw; Mar. 19, 1970; 5,949. above; Monument—Jal;. Jan. 14, 1970, 330,672. (3) Amendment or modification (pur­ during the current calendar year in ex­ suant to Executive Order 11223) involv­ cess of this quota will be dutiable at the (50) WYOMING ing less than $25,000 of AID-financed rate of 17 per centum ad valorem under Cole Creek; Feb. 10,1970; 3,400. contracts entered into with nonprofit item 112.34 of the tariff schedules. Salt Creek; Feb. 13,1970; 26,742. institutions under which no fee is The above quota is based on the United Stewart—Windmill; Mar. 5, 1970; 3,480. charged or paid, where the amendment States pack of canned tuna during the Table Rock; Feb. 4, 1970; 10,928. Wallace; Mar. 9, 1970; 1,642. or modification is requested by the con­ calendar year 1969, as reported by the Wood; Mar. 23,1970; 1,200.- tractor and does not involve a considera­ United States Fish and Wildlife Service. tion for the United States: Provided, Maps and diagrams showing the That all such amendments or modifica­ [sea l] E dw in F . R ains, boundaries of the defined structures have tions are requested prior to final pay­ Acting Commissioner of Customs. been filed with the appropriate land office ment under the contract. [F.R. Doc. 70-6081; Filed, May 15, 1970; of the Bureau of Land Management and (4) Advance payments and the re­ 8:50 a.m.] are also of record in the Geological Sur­ quired determination and findings for vey, Washington, D.C. such payments under AID financed W. A. R adlinski, nonprofit contracts with nonprofit edu­ Acting Director. cational or research institutions. DEPARTMENT OF THE INTERIOR M ay 11, 1970. The authorities herein redelegated may be exercised by a person who is per­ Geological Survey [F.R. Doc. 70-6093; Filed, May 15, 1970; forming the functions of the Director, [Montana No. 256] 8:51 a.m.] Office of Procurement Management or MONTANA the Chief, Services Contracts Division, National Park Service in an “Acting” capacity. The authorities Coal Land Classification Order are to be exercised in accordance with BANDELIER NATIONAL MONUMENT, regulations, procedures and policies now Pursuant to authority under the Act of N. MEX. or hereafter established or modified and March 3, 1879 (20 Stat. 394; 43 U.S.C. promulgated within AID. 31), and as delegated to me by Depart­ Notice of Intention To Issue The authorities redelegated herein mental Order 2563, May 2, 1950, under Concession Permit may not be further redelegated. authority of Reorganization Plan No. 3 Pursuant to the provisions of section The Redelegation of Authority from of 1950 (64 Stat. 1262), the following the Assistant Administrator for East described lands, insofar as title thereto 5, of the Act of October 9, 1965 (79 Stat. Asia to the Director, Office of Procure­ remains in the United States, are hereby 969; 16 U.S.C. 20), public notice is hereby ment Management and the Chief, Serv­ classified as shown: given that thirty (30) days after the date

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 NOTICES 7661 of publication of this notice, the Depart­ GRAND CANYON NATIONAL PARK Manual by virtue of general delegations ment of the Interior," through the Su­ of authority and assignment of func­ perintendent, Bandelier National Monu­ Notice of Intention To Negotiate a tions to the Chief of the Forest Service ment, proposes to issue a concession Concession Contract by the Secretary (USDA Administrative permit to Mr, L. R. Bertram authorizing Regulations, Title 1, Chapter 2, section Pursuant to the provisions of section 5 13, and 36 CFR Part 200). him to operate a snack bar and grocery of the Act of October 9, 1965 (79 Stat. for the public at Bandelier National Mon­ 969; 16 U.S.C. 20), public notice is T homas K . C owden, ument for a period of 4 years from Janu­ hereby given that thirty (30) days after Assistant Secretary ary 1, 1970 through December 31, 1973. the date of publication of this notice, of Agriculture. The foregoing concessioner has per­ the Department of the Interior, through formed his obligations under a prior [F.R. Doc. 70-6062; Filed, May 15, 1970; the Director of the National Park Serv­ 8:48 a.m.] permit to the satisfaction of the National ice, proposes to negotiate a concession Park Service and, therefore, pursuant to contract with Samaritan Health Serv­ the Act cited above, is entitled to be ice, formerly known as Good Samaritan Packers and Stockyards given preference in the renewal of the Hospitals, authorizing it to provide med­ Administration permit and in the negotiation of a new ical, surgical, and hospital facilities and permit. However, under the ‘ Act cited services for the public at Grand Canyon ALLEN AUCTION COMPANY ET AL. above, the National Park Service is also National Park for a period of 10 years required to consider and evaluate all from January 1,. 1970, through Decem­ Posted Stockyards proposals received as a result of this ber 31, 1979. Pursuant to the authority delegated notice. Any proposal to be considered and The foregoing concessioner has per­ under the Packers and Stockyards Act, evaluated must be submitted within formed its obligations under the expired 1921, as amended (7 U.S.C. 181 et seq.), thirty (30) days after the publication contract to the satisfaction of the Na­ on the respective dates specified below, date of this notice. tional Park Service, and therefore, pur­ it was ascertained that the livestock mar­ Interested parties should contact the suant to the Act cited above, is entitled kets named below were stockyards within Superintendent, Bandelier National to be given preference in the renewal of the definition of that term contained in Monument, Los Alamos, N. Mex., for in­ the contract and in the negotiation of a section 302 of the Act, as amended (7 formation as to the requirements of the new contract. However, under the Act U.S.C. 202) , and notice was given to the proposed permit. cited above, the Secretary is also re­ owners and to the public by posting no­ J oe J . Cayou, quired to consider and evaluate all pro­ Acting Superintendent. tices at the stockyards as required by posals received as a result of this notice. said section 302. Any proposal to be considered and eval­ April 13, 1970. Name, location of stockyard, and date of [F.R. Doc. 70-6090; Piled, May 15, 1970; uated must be submitted within thirty posting 8:50 a.m.] (30) days after the publication date of this notice. Arkansas Interested parties should contact the Allen Auction Company, Harrison, Mar. 31, GLACIER NATIONAL PARK, MONT. Chief, Office of Concessions Manage­ 1970.. ment, National Park Service, Washing­ G eorgia Notice of Intention To Issue ton, D.C. 20240, for information as to the County Line Milling Co., Inc., Pelham, Concession Permit requirements of the proposed contract. Apr. 9, 1970. Pursuant to the provisions of section Dated: May 8, 1970. New Mexico V of the Act of October 9, 1965 (79 Stat. T homas F lyn n , • Penasco Area Development Association, Vadl- 969; 16 U.S.C. 20), public notice is hereby Assistant Director, to, Nov. 25, 1969. given that thirty (30) days after the date of publication of this notice, the National Park Service. - Oklahoma Secretary of the Interior, through the [F.R. Doc. 70-6091; Filed, May 15, 1970; Mid America Stockyards, Bristow, Apr. 10, Director of the National Park Service, 8:50 a.m.] 1970. proposes to. issue a concession permit Wisconsin with B. Ross Luding authorizing him to R. Brandau Livestock Auction, Kendall, provide concession facilities and services Apr. 10, 1970. for the public at Glacier National Park, DEPARTMENT OF AGRICULTURE Mont., for a period of five (5) years from Office of the Secretary Done at Washington, D.C., this 11th January 1, 1971 through December 31, day of May 1970. 1975. FOREST SERVICE G . H. H opper, Chief, Registrations, Bonds, and The foregoing concessioner has per­ Cancellation of Regulations formed his obligations under his current Reports Branch, Livestock permit to the satisfaction of the National Notice is hereby given that the fol­ Marketing Division. Park Service and, therefore, pursuant to lowing regulations of the Secretary of [F.R. Doc. 70-6103; Filed, May 15, 1970; the Act cited above is entitled to be given Agriculture relating to the protection, 8:51 a.m.] preference in the renewal of the permit occupancy, use, and administration of and in the negotiation of a new permit, the National Forests, published in the However, under the Act cited above, F ederal R eg ister on August 15, 1936, BAKERSFIELD CATTLE AUCTION ET AL. the Secretary is also required to consider page 1090, as amended, December 13, Proposed Posting of Stockyards and evaluate all proposals received as a 1949 (14 F.R. 7461), are canceled: result of this notice. Any proposal to be R egulation No. Title The Chief, Registrations, Bonds, and considered and evaluated must be sub­ A -2 ------Sale of Condemned Prop­ Reports Branch, Packers and Stockyards mitted within thirty (30) days after erty. Administration, U.S. Department of Agri­ the publication date of this notice. A -3 ______Rental of Employee-owned culture, has information that the live­ Interested parties should contact the Personal Property. stock markets named below are stock- A -4 ------Part Payment in Supplies. yards as defined in section 302 of the Superintendent, Glacier National Park, A -5 ------Horses, Forage, and Motors. West Glacier, Mont. 59936 for informa­ A -6 ______Recruiting. Packers and Stockyards Act, 1921, as tion as to the requirements of the pro­ PR-1 ______Forest Officers Attendance amended (7 U.S.C. 202), and should be posed permit. at Meetings. made subject to the provisions of the Act. Dated: April 2,1970. PR-2 ------Forest Officers Addressing Bakersfield Cattle Auction, Bakersfield, Calif. Meetings. Moulton Stockyard, Inc., Moulton, Ga. W illia m J . B riggle, Highway 84 Stockyard, Laurel, Miss. The authorizations, instructions, and MFA Livestock Association, Inc., Stockton Superintendent. delegations contained in the canceled [F.R. Doc. 70-6089; Filed, May 15, 1970; Concentration Point, Stockton, Mo. regulations are published in appropriate Cattleman’s McCulloch County Livestock 8:50 a.m.] functional sections of the Forest Service Commission Company, Brady, Tex.

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7662 NOTICES

Notice is hereby given, therefore, that 10028. Article: “Dosimat” automatic tar structures of tropocollagen, cytoplasmic the said Chief, pursuant to authority applicator. Manufacturer: Albert Dar- microtubules, mitochondrial membranes, delegated under the Packers and Stock- gatz, West Germany. Intended use of minute changes in cell surface coats yards Act, 1921, as amended (7 U.S.C. 181 article: The article will be used for re­ -during the development of myoblasts, et seq.), proposes to issue a rule designat­ search in tobacco carcinogenesis. Tar is and of the intercellular junctions among ing the stockyards named above as posted applied directly to the animal’s skin while various cell types of the pituitary gland. stockyards subject to the provisions of it is still fresh, and in accurately meas­ All these studies require the very best the Act as provided in section 302 ured doses, rather than collecting and resolution available for critical analysis. thereof. storing the tar products for later appli­ Application received by Commissioner of Any person who wishes to submit writ­ cation. It is extremely important to apply "'Customs: April 28,1970. ten data, views, or arguments concern­ the tar promptly, as the tar constituents Docket No. 70-00650.-33-46040. Appli­ ing the proposed rule, may do so by fil­ are relatively unstable. Application re­ cant: Humboldt State College, Areata, ing them with the Chief, Registrations, ceived by Commissioner of Customs: Calif. 95521. Article: Electron micro­ Bonds, and Reports Branch, Packers and April 17,1970. scope, Model HU-1 IE. Manufacturer: Stockyards Administration, U.S. Depart­ Docket No. 70-00646-33-46500. Appli­ Hitachi, Ltd., Japan. Intended use of ment of Agriculture, Washington, D.C. cant: University of Minnesota, Depart­ article: The article will be used for an 20250, within 15 days after publication in ment of Veterinary Anatomy, St. Paul, investigation of the development of vas­ the F ederal R eg ister . Minn. 55101. Article:. Ultramicrotome, cular tissues in plants; a study in muscle All written submissions made pursuant Model LKB 8800A. Manufacturer: LKB ultrastructure with an investigation of to this notice shall be made available for Produkter AB, Sweden. Intended use of the subcellular structure of avion mus­ public inspection at such times and article: The article will be used to pro­ cles; a study of the physiological effects places in a manner convenient to the duce ultrathin sections for electron mi­ of fluorides on plant cells; and investiga­ public business (7 U.S.C. 1.27(b) ). croscopic examination. The primary use tion of the origin and development of the will be for high resolution electron Done at Washington, D.C., this 11th mitotic spindle apparatus in normal and mjcroscopy of ‘^globoid cell” leukodys­ abnormal divisions; and studies in the day of May 1970. trophy (Krabbe’s disease) in dogs. The ultrastructure of motile protozoa. Ap­ G . H. H o pper, work in the nervous system involves the plication received by Commissioner of Chief, Registrations, Bonds, and study of the demyelinating process along Customs: April 28, 1970. Reports Branch, Livestock nerve tracts in the CNS. The large phago­ Docket No. 70-00652-33-46040. Appli­ Marketing Division. cytic cells which characterize this disease cant: Cold Spring Harbor Laboratory JP.R. Doc. 70-6104; Piled, May 15, 1970; contain large membrane bound sacs (of Quantitative Biology), Post Office 8:51 a.m.] which contain at least two types of tubu­ Box 100, Cold Spring Harbor, N.Y. 11724. lar structures and their ultrastructural Article: Electron microscope, Model morphology will be studied. Application Elmiskop 101. Manufacturer: Siemens received by Commissioner of Customs: AG, West Germany. Intended use of DEPARTMENT OF COMMERCE April 27,1970. article: The article will be used in a Docket No. 70-00647-33-43780. Appli­ number of ongoing research projects, Business and Defense Services cant: University of California, San most of which require microscopy at the Administration Francisco, Purchasing Department, 1438 „molecular level. Investigations concern AMERICAN HEALTH FOUNDATION, South Tenth Street, Richmond, Calif. the structure and functions of E, coli 94804. Article: Stereotactic headholder ribosomes; the structure of replicating INC., ET AL. and spinal frame. Manufacturer: W.G.H. DNA; and the structure of the RNA Notice of Applications for Duty-Free Johnson, United Kingdom. Intended use synthesizing complexes between RNA- Entry of Scientific Articles of article: The article will be used to hold polymerase (E. coli, and mammalian) rigidly the skull ‘and spine of anesthe­ and DNA. Application received by Com­ The following are notices of the receipt tized cats so that there is. no movement missioner of Customs: April 28, 1970. of applications for duty-free entry of sci­ of the brain, brain stem or spinal cord Docket No. 70-00653-33-46040. Appli­ entific articles pursuant to section 6 ( 0 during an investigation of the properties cant : Columbia University, Dept, of Bio­ of the Educational, Scientific, and Cul­ (resistance, capacitance, firing potential, logical Sciences, New York, N.Y. 10027. tural Materials Importation Act of 1966 membrane potential) of respiratory neu­ Article: Electron microscope, Model EM (Public Law 89-651; 80 Stat. 897). Inter­ rons in the brain stem and spinal cord 9S. Manufacturer: Carl Zeiss, Inc., West ested persons may present their views cells. Application received by Commis­ Germany. Intended use of article: The with respect to the question of whether sioner of Customs: April 27,1970. article will be used as a training instru­ an instrument or apparatus of equivalent Docket No. 70-00648-33-74600. Appli­ ment in two courses, Cell and Develop­ scientific value for the purposes for which cant: Yale University, Purchasing De­ mental Biology and Project Laboratory the article is intended to be used is being partment, 20 Ashmun Street, New Haven, in Cell Biology. The students will be manufactured in the United States. Such Conn. 06520. Article: BIOMAC 1000 sig­ predominantly undergraduates at the comments must be filed in triplicate with nal analyzer and BIOMAC 1010 spectrum junior and senior level and the intent of the Director, Scientific Instrument Eval­ integrator. Manufacturer: Data Lab., the use of the microscope is to provide uation Division, Business and Defense Ltd., United Kingdom. Intended use of initial exposure to a variety of tech­ Services Administration, Washington, article: The article will be used to study niques involved in microscopy. Applica­ D.C. 20230, within 20 calendar days after the mechanism of the propagated nerve tion received by Commissioner of date on which this notice of application impulses and the proposes of recovery Customs: April 28,1970. is published in the F ederal R eg ister . which follow activity in the nerve. The Docket No. 70-00656-33-46500. Appli­ Amended regulations issued under rabbit vagus nerve and the giant axon of cant: University of Connecticut Health cited Act, as published in the October 14, the squid are the nerves which are pri­ Center, Building No. 4, Farmington 1969 issue of the F ederal R eg ister, pre­ marily used, although other tissues will Avenue, Farmington, Conn. 06032. Arti­ scribe the requirements applicable to be studied. Application received by Com­ cle: Ultramicrotome, Model LKB 8800. comments. missioner of Customs: April 27,1970. Manufacturer: LKB Produkter AB, A copy of each application is on file, Docket No. 70-00649-33-46040. Appli­ Sweden. Intended use of article: The and may be examined during ordinary cant: University of Virginia, Department article will be used for research on iso­ Commerce Department business hours at of Biology, Gilmer Hall, Charlottesville, lated cell structures of bacterial spores, the Scientific Instrument Evaluation Di­ Va. 22903. Article: Electron microscope, purified inner and outer membranes, vision, Department of Commerce, Wash­ Model HU-11E-1. Manufacturer: Hi­ purified cell walls, ribosomes, mesosomes, ington, D.C. tachi, Ltd., Japan. Intended use of ar­ and inclusion bodies such as phosphate Docket No. 70-00621-33-79850. Appli­ ticle: The article will be used for ex­ or B hydroxybutyrate particles; whole cant: American Health Foundation, Inc., tremely high resolution investigations on bacterial cells, PPLO (pleuropneumonia- 180 East End Avenue, New York, N.Y. the molecular and marcromoleciular like-organisms or L-forms) and virus

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 NOTICES 7663 particles; synthetic monolayers com­ Docket No. 70-00346-33-46040. Appli­ regulations issued thereunder as posed of lipopolysaccharide-phospho- cant: Herbert H. Lehman College, De­ amended (34 F Jt. 15787 et seq.). lipid-protein; and isolated nuclei from partment of Biological Sciences, Bedford A copy of the record pertaining to this liver and other cells grown in tissue cul­ Park Boulevard West, Bronx, N.Y. 10468. decision is available for public review ture. The properties of these materials Article: Electron microscope, Model HU- during ordinary business hours of the differ in dimension as well as rigidity and 11E. Manufacturer: Hitachi Ltd., Japan. Department of Commerce, at the Scien­ require the thinnest sections possible. Intended use of article: The article tific Instrument Evaluation Division, De­ Application received by Commissioner of will be used for three purposes; the partment of Commerce, Washington, Customs: April 30,1970. training of graduate students in the D.C. Docket No. 70-00658-33-46500. Appli­ techniques and applications of electron Docket No. 70-00393-65-82600. Appli­ cant: Colorado State University Depart­ microscopy; as a teaching instrument in cant: National Aeronautics & Space Ad­ ment of Pathology, College of Veterinary cytology; and for research projects. The ministration, Manned Spacecraft Center, Medicine and Biological Science, Fort research projects include a wide variety Space Sciences Procurement Branch, Collins, Colo. 80521. Article: Ultrami­ of biological materials to be examined, Code: BG9, Houston, Tex. 77058. Arti­ crotome, Model LKB 8800A. Manufac­ such as DNA molecules, viruses, blue- cle: Recording vacuum thermoana­ turer: T.KR Produkter AB, Sweden. green algae, and cells of higher plants lyzer. Manufacturer: Mettler Instrument Intended use of article: The article will and animals. Corp., Switzerland. be used to produce acceptable thick and Comments: No comments have been Intended use of article: The article thin sections on a number of different received with respect to this application. will be used in basic investigations of the tissues, such as lung, heart, kidney, ret­ thermal behavior of terrestrial, meteoric, Decision: Application approved. No and lunar materials and off gassed prod­ ina, choroid and sclera. Research con­ instrument or apparatus of equivalent cerns an ultrastructural study of hypoxic ucts in controlled gas environments. The scientific value to the foreign article, for scientific objective is to provide the most induced pulmonary hypertension and such purposes as this article is intended ultrastructural aspects of a congenital meaningful, complete, and timely ther­ to be used, is being manufactured in the retinal dyplasia. Pathology trainees are mal data on the above materials within offered four courses in biological prepa­ United States. the present state-of-the-art. rations for electron microscopy. Applica­ Reasons: The foreign article has a Comments: No comments have been tion received by Commissioner of guaranteed resolving power of 3.5 ang­ received with respect to this application. Customs: April 30,1970. stroms. The most closely comparable Decision: Application approved. No Docket No. 70-00659-33-28500. Appli­ domestic instrument available at the instrument or apparatus of equivalent cant: University of Iowa, Biochemistry time the application was received was scientific value to the foreign article, for Department, Medical Research Center, the Model EMU-4B electron microscope such purposes as this article is intended Iowa City, Iowa 52240. Article: High which was formerly being manufactured to be used, is being manufactured in the voltage electrophoresis unit. Manufac­ by the Radio Corp. of America (RCA), United States. turer: Locarte Co., United Kingdom. and which is currently being produced by Reasons: The foreign article is a re­ Intended use of article: The article will the Forgflo Corp. (Forgflo). The Model cording vacuum tliermoanalyzer system be used for research concerning amino EMU-4B electron microscope has a which is capable of simultaneous meas­ acids, peptides obtained by enzymatic guaranteed resolving power of 5 ang­ urement of differential gravimetric anal­ digest, and proteins obtained from bio­ stroms. (The lower the numerical rating ysis (TGA) and differential thermal logical sources. A course in Research in terms of angstrom units, the better analysis (DTA) on the same sample in a Techniques will teach biochemistry stu­ the resolving power.) We are advised by controlled gas environment. There are dents the skill necessary for obtaining the Department of Health, Education, comparable domestic instruments capa­ data relating to the separation of pep­ and Welfare (HEW) in its memorandum ble of providing either one or the other tides which is obtainable only by elec­ dated March 31, 1970, that the better capability but not both simultaneously trophoresis and in General Biochemistry, resolving capability of the foreign article on the same sample. We, therefore, find medical, dental and pharmacy students is a pertinent characteristic. that the aforementioned capability to be will be taught the usefulness of this We, therefore, find that the Model pertinent to the purposes for which the technique. Application received by Com­ EMU-4B electron microscope is not of article is intended to be used. missioner of Customs: April 30, 1970. equivalent scientific value to the foreign We are advised by the National Bu­ article for such purposes as this article reau of Standards (NBS) in a memo­ Charley M . D enton, is intended to be used. randum dated March 26, 1970 that it Assistant Administrator fqr In­ knows of no instrument or apparatus of dustry Operations, Business The Department of Commerce knows of no other instrument or apparatus of equivalent scientific value to the foreign and Defense Services Admin­ article for such purposes as this article istration. equivalent scientific value to the foreign article, for such purposes as this article is intended to be used which is being [P.B. Doc. 70-6019; Piled, May 15, 1970; is intended to be used, which is being manufactured in the United States. 8:45 a.m.] manufactured in the United States. Charley M . D enton, Charley M. D enton, Assistant Administrator for In­ HERBERT H. LEHMAN COLLEGE Assistant Administrator for In­ dustry Operations, Business dustry Operations, Business and Defense Services Admin­ Notice of Decision on Application for and Defense Services Admin­ istration. Duty-Free Entry of Scientific Article istration. [F.R. Doc. 70-6021; Filed, May 15, 1970; 8:45 a.m.] The following is a decision on an ap­ [F.R. Doc. 70-6020; Filed, May 15, 1970; plication for duty-free entry of a scien­ * 8:45 a.m.] tific article pursuant to section 6(c) of RESEARCH FOUNDATION OF STATE the Educational, Scientific, and Cultural UNIVERSITY OF NEW YORK Materials Importation Act of 1966 (Pub­ NATIONAL AERONAUTICS AND lic Law 89-651, 89 Stat. 897) and the reg­ SPACE ADMINISTRATION Notice of Decision on Application for ulations issued thereunder as amended Duty-Free Entry of Scientific Article (34 F.R. 15787 et seq.). Notice of Decision on Application for A copy of the record pertaining to this Duty-Free Entry of Scientific Article The following is a decision on an ap­ decision is available for public review The following is a decision on an ap­ plication for duty-free entry of a scien­ during ordinary business hours of the plication for duty-free entry of a scien­ tific article pursuant to section 6(c) of department of Commerce, at the Scien- tific article pursuant to section 6(c) of the Educational, Scientific, and Cultural ific Instrument Evaluation Division, De­ the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub­ partment of Commerce, Washington, lic Law 89-651, 80 Stat. 897) and the Materials Importation Act of 1966 (Pub­ regulations issued thereunder as amend­ lic Law 89-651, 80 Stat. 897) and the ed (34 F.R. 15787 et seq.).

No. 96----- 5 FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7664 NOTICES

A copy of the record pertaining to this pery Rock, Pa. 16057. Article: Electron SOUTHEASTERN MASSACHUSETTS decision is available for public review microscope, Model JEM-T7, and acces­ TECHNOLOGICAL INSTITUTE during ordinary business hours of the sories. Manufacturer: Japan Electron Department of Commerce, at the Scien­ Optics Lab., Ltd., Japan. Notice of Decision on Application for tific Instrument Evaluation Division, De­ Intended use of article: The article Duty-Free Entry of Scientific Article partment of Commerce, Washington, will be used primarily in teaching in the D.C. Department of Biology for undergrad­ The following is a decision on an ap­ Docket No, 70-00396-50-49000. Ap­ uate and graduate students. In one se­ plication for duty-free entry of a scien­ plicant: The Research Foundation of mester, approximately 1,500 students are tific article pursuant to section 6(c) of SUNY (State University of New York), enrolled. A course in cytology will em­ the Educational, Scientific, and Cultural in conjunction with ASRC, SUNYA, 130 phasize tissue preparation and the basic Materials Importation Act of 1966 Saratoga Road, Route 50, Scotia, N.Y. principles of the electron microscope. A (Public Law 89-651, 80 Stat. 897) and the regulations issued thereunder as 12302. Article: Scattered light recorder course in cell ultrastructure considers the fine structure of cells as revealed with amended (34 F.R. 15787 et seq.). (nephelometer), type STR-V22-56- A copy of the record pertaining to this MS04. Manufacturer: A.E.G. Telefun- the electron microscope. Lectures will be given dealing with the theoretical and decision is available for public review ken, West Germany. during ordinary business hours of the Intended use of article: The article physical and chemical basis of tissue will be used in classroom lectures in preparation for electron microscope Department of Commerce, at the Scien­ study; and fixation images and their tific Instrument Evaluation Division, De­ light scattering principles and in re­ partment of Commerce, Washington, search projects concerning extinction relationship to morphological details and coefficient of the atmosphere, aerosol definitions of the fine structural level. D.C. scattering characteristics, atmospheric Comments: No comments have been Docket No. 70-00217-01-77030. Appli­ received with respect to this application. cant: Southeastern Massachusetts Tech­ haze problems, and visibility in “clear” nological Institute, North Dartmouth, Decision: Application approved. No in­ and foggy air. Mass. 02747. Article: Nuclear magnetic Comments: No comments have been strument or apparatus of equivalent sci­ resonance spectrometer, Model JNM-C- received with respect to this applica­ entific value to the foreign article, for 60HL and Accessories. Manufacturer: tion. such purposes ais this article is intended Japan Electron Optics Laboratory Co., Decision: Application approved. No to be used, is being manufactured in the Japan. instrument or apparatus of equivalent United States. Intended use of article: The article scientific value to the foreign article for Reasons: The foreign article is an in­ will be used for both instructional pur­ the purposes for which such article is termediate electron microscope which, poses, in connection with programed in­ intended to be used is being manufac­ in terms of sophistication and capabil­ strumental analysis and research which tured in the United States. ities lies between the simple, portable include: Reasons: The foreign article is a electron microscope and the highly com­ (1) A carbon-13 study of some cyclic nephelometer designed to be used in air plex research type. The applicant in­ carbohydrate derivatives to aid deter­ with an output of 250 ohms over a range tends to use the article for teaching be­ mination of ring conformation and exist­ of approximately three decades. We find ginning students the fundamentals of ence of resonance; the capability for use in air pertinent to electron microscope techniques and, for (2) A study of energy differences the purposes for which the foreign arti­ this purpose, requires a transitional in­ between diasteriomeric carbohydrates cle is intended to be used. strument for bridging the gap between by use of nmr at widely different We are advised by the National Bureau the use of the light microscope and the temperatures; of Standards (NBS) in a memorandum research type of electron microscope. (3) A study of reaction intermediates dated March 30, 1970, that it knows of The most closely comparable domestic which will in many cases require no equivalent domestic instrument or instrument available at the time the for­ use of an internal lock and elevated apparatus that can be used for the pur­ eign article was ordered was the EMU- temperatures. poses for which the foreign article is 4B electron microscope which was then Comments: No comments have been intended to be used. being manufactured by the Radio Corp. received with respect to this application. Charley M. D enton, of America (RCA), and which is cur­ rently being produced by Forgflo Corp. Decision: Application approved. No in­ Assistant Administrator for In­ strument or apparatus of equivalent dustry Operations, Business (Forgflo). The Model EMU-4B electron microscope is a highly sophisticated and scientific value to the foreign article, and Defense Services Admin­ for the purposes for which such article istration. relatively complex research electron mi­ croscope intended for the use of an ex­ is intended to be used, was being manur [F.R. Doc. 70-6022; Filed, May 15, 1970; pert. We are advised by the Department factured in the'United States at the time 8:45 a.m.] of Health, Education, and Welfare the purchase order was prepared (July 10, (HEW) in its memorandum dated April 1969). Reasons: The foreign article provides SLIPPERY ROCK STATE COLLEGE 2,1970, that the suitability of the foreign article for teaching is a pertinent char­ a combined internal-external lock capa­ Notice of Decision on Application for acteristic. bility in one instrument. Both the new Varian Model XL 100-15 which became Duty-Free Entry of Scientific Article We, therefore, find that the Model available September 1969, and the new EMU-4B electron microscope is not of Varian Model XL 60-15 which became The following is a decision on an appli­ equivalent scientific value to the for­ cation for duty-free entry of a scientific available October 16, 1969, provide a eign article, for such purposes as this combined internal-external locking in article pursuant to section 6(c) of the article is intended to be used. Educational, Scientific, and Cultural single instrument. However, at the time Materials Importation Act of 1966 (Pub­ The Department of Commerce knows the order for the foreign article was pre­ lic Law 89-651, 80 Stat. 897) and the of no other instrument or apparatus of pared the most closely comparable regulations issued thereunder as amend­ equivalent scientific value to the foreign domestic instrument was the Varian ed (34 F.R. 15787 et seq.). article, for such purposes as this article Model HA 60 which provided either an is intended to be used, which is being internal or external locking capability, A copy of the record pertaining to manufactured in the United States. this decision is available for public re­ but not both locking facilities in the same view during ordinary business hours of C harley M. D enton, instrument. the Department of Commerce, at the Sci­ Assistant Administrator for In­ We are advised by the National Bureau entific Instrument Evaluation Division, dustry Operations, Business of Standards (NBS) in a memorandum Department of Commerce, Washington, and Defense Services Admin­ dated March 4, 1970, and the Depart­ D.C. istration. ment of Health, Education, and Welfare Docket No. 70-00344-33-46040. Appli­ [F.R. Doc. 70-6023; Filed, May 15, 1970; (HEW) in a memorandum dated Feb­ cant: Slippery Rock State College, Slip­ 8:45 a.m.] ruary 9, i970, that the availability oi

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 NOTICES 7665 both the internal and external locking further advises that it knows of no simi­ The Department of Commerce knows capability in the same instrument is per­ lar system being manufactured in the of no other instrument or apparatus tinent to the purposes for which the United States, which can provide the of equivalent scientific value to the for­ foreign article is intended to be used. pertinent features of the foreign article. eign article for the purposes for Which For this reason, we find that the Varian The Department of Commerce knows such article is intended to be used, which Model HA 60 with either internal or ex­ of no instrument or apparatus of equiva­ is being manufactured .in the United ternal locking capability is not of equiva­ lent scientific value to the foreign article States. lent scientific value to the foreign article for the purposes for which such article C harley M . D enton, for those purposes for which the foreign is intended to be used, which is being Assistant Administrator for In ­ article is intended to be used. manufactured in the United States. dustry Operations, Business and Defense Services Admin­ Charley M . D enton, Charley M . D enton, istration. Assistant Administrator for In­ Assistant Administrator for In­ dustry Operations, Business dustry Operations, Business [F.R. Doc. 70-6026; Filed, May 15, 1970; and Defense Services Admin­ and Defense Services Admin­ 8:45 a.m.] istration. . istration. [F.R. Doc. 70-6024; Filed, May 15, 1970; [F.R. Doc. 70-6025; Filed, May 15, 1970; UNIVERSITY OF CHICAGO 8:45 a.m.] 8:45 a.m.] Notice of Decision on Application for Duty-Free Entry of Scientific Article STATE UNIVERSITY OF NEW YORK TULANE UNIVERSITY The following is a decision on an ap­ Notice of Decision on Application for Notice of Decision on Application for plication for duty-free entry of a scien­ Duty-Free Entry of Scientific Article Duty-Free Entry of Scientific Article tific article pursuant to section 6(c) of The following is a decision on an ap­ The following is a decision on an ap­ the Educational, Scientific, and Cultural plication for duty-free entry of a scien­ plication for duty-free entry of a scien­ Materials Importation Act of 1966 tific article pursuant to section 6(c) of tific article pursuant-to section 6(c) of (Public Law 89-651, 80 Stat. 897) and the Educational, Scientific, and Cultural the Educational, Scientific, and Cultural the regulations issued thereunder as Materials Importation Act of 1966 (Pub­ Materials Importation Act of 1966 amended (34 F.R. 15787 et seq.). lic Law 89-651, 80 Stat. 897) and the reg­ (Public Law 89-651, 80 Stat. 897) and A copy of the record pertaining to this ulations issued thereunder as amended the regulations issued thereunder as decision is available for public review (34 F.R. 15787 et seq.). amended (34 F.R. 15787 et seq.). during ordinary business hours of the A copy of the record pertaining to this A copy of the record pertaining to this Department of Commerce, at the Scien­ decision is available for public review decision is available for public review tific Instrument Evaluation Division, De­ during ordinary business hours of the during ordinary business hours of the partment of Commerce, Washington, Department of Commerce, at the Scien­ Department of Commerce, at the Scien­ D.C. tific Instrument Evaluation Division, De­ tific Instrument Evaluation Division, Docket No. 70-00392-75-40600. Appli­ partment of Commerce, Washington, Department of Commerce, Washington, cant: University of Chicago (Operator D.C. D.C. of) Argonne National Laboratory, 9700 Docket No. 70-00420-33-43780. Appli­ Docket No. 70-00395-33-43780. Appli­ South Cass Avenue, Argonne, HI. 60439. cant: State University of New York at cant: Tulane University School of Medi­ Article: Isotope separator. Manufac­ Buffalo, Purchasing Department, 1803 cine, 1430 Tulane Avenue, New Orleans, turer: Danfysik, Denmark. Intended use Elmwood Avenue, Buffalo, N.Y. 14207. La. 70112. Article: Mark 4 resparameter; of article: The article will be used in Article: Custom built mechanical stimu­ helium analyzer; and carbon monoxide connection with research on the study lation system, including transducer, analyzer. Manufacturer: P. K. Morgan of high energy nuclear reactions at the power amplifier and control, function Ltd., United Kingdom. Intended use of Argonne National Laboratory proton generator and cabinetry. Manufacturer: article: The article will be used for the synchrotron. Simple, nuclear reactions, Detlef Burchard, West Germany. measurement of pulmonary transfer fac­ nuclear fission, spallation, and fragmen­ Intended use of article: The article is tor (diffusing capacity) and total lung tation are under investigation. The sep­ a precision mechanical device for apply­ capacity. The purpose of this measure­ arator will also be used to prepare ing movements of a wide variety, time ment is to assess damage at the alveolar isotopically pure samples for nuclear courses and repetition of frequencies. It capillary impairment of the lungs as spectroscopy studies. will be used for stimulating receptors in evidenced by a reduced diffusing capac­ Comments: No comments have been the skin and also in the muscle and joint ity. received with respect to this application. with the aim of investigating the re­ Decision: Application approved. No in­ sponses produced in the central nervous Comments: No comments have been system thereby. received with respect to this application. strument or apparatus of equivalent Decision: Application approved. No scientific value to the foreign article, for Comments: No comments have been the purposes for which such article is in­ received with respect to this application. instrument or apparatus of equivalent scientific value to the foreign article, for tended to be used, is being manufactured Decision: Application approved. No in­ such purposes as this article is intended in the United States. strument or apparatus of equivalent sci­ to be used, is being manufactured in Reasons: The foreign article is an iso­ entific value to the foreign article, for the United States. tope separator which is capable of sepa­ such purposes as this article is intended rating singly charged ions over the mass to be used, is being manufactured in the Reasons: The foreign article is an ap­ United States. paratus for the measurement of various range of zero to greater than 250 with a parameters of the respiratory system mass resolution of 1,000, with a separa­ Reasons : The foreign article is a device automatically by means of computer tion between the collector plates of at for applying stretching and indenting control. We are advised by the Depart­ least 25 millimeters (mm.) at mass 100 movements to the skin. These movements ment of Health, Education, and Welfare and 10 mm. at mass 250. which can be varied with respect to wave (HEW) in its memorandum dated We find that the aforementioned ca­ length, wave form, amplitude and fre­ March 13, 1970, that the ability to pro­ pabilities of the foreign article are per­ quency can be arranged to be repetitive tinent to the purposes for which the over a wide range of frequencies. vide measurements of the respiratory parameters required for the applicant’s foreign article is intended to be used. w a(i vised by the Department of research studies automatically is a perti­ We are advised by the National Bureau wealth, Education, and Welfare (HEW) nent characteristic of the foreign of Standards (NBS) in a memorandum memorandum dated March 27, article. HEW further advises that dated March 26, 1970, that it knows of r|°* ■ ■ at the characteristics described comparable domestic instruments are no domestically manufactured isotope aD°Ve are pertinent to the applicant’s not equipped to provide such measure­ separators which are being manufac­ neurobiological research studies. HEW ments automatically. tured in the United States at this time.

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7666 NOTICES

NBS further advises that it knows of no VIRGINIA POLYTECHNIC INSTITUTE 1. Nier-Johnson ion optical system domestic manufacturer with the essen­ providing a more intensive concentration tial background that would be both will­ Notice of Decision on Application for of metastable ions than is possible to ing and able to provide an equivalent Duty-Free Entry of Scientific Article achieve with a mattauch-Herzog ion op­ domestic isotope separator. The following is a decision on an ap­ tical system, as well as a more accurate metastable mass measurement; C h a r l e y M. D e n t o n , plication for duty-free entry of a scien­ 2. Negative ion capability; Assistant Administrator for In­ tific article pursuant to section 6(c) of dustry Operations, Business 3. Ion source allowing the electron the Educational, Scientific, and Cultural energy to be varied to 0 electron volts; and Defense Services Admin­ Materials Importation Act of 1966 (Pub­ 4. Dual inlet system having two com­ istration. lic Law 89-651, 80 Stat. 897) and the partments, so that a sample in one com­ [F.R. Doc. 70-6027; Filed, May 15, 1970; regulations issued thereunder as amended partment can be scanned for mass spec­ 8:45 a.m.] (34 F.R. 15787 et seq.). trum while the other compartment is A copy of the record pertaining to this UNIVERSITY OF COLORADO being evacuated and prepared for the decision is available for public review next sample; and Notice of Decision on Application for during ordinary business hours of the 5. Department of Commerce, at the Scien­ A scan rate of 1 to 300 atomic mass Duty-Free Entry of Scientific Article units (amu) in 3 seconds. In regard to the tific Instrument Evaluation Division, De­ foregoing, we are advised as follows by partment of Commerce, Washington, The following is a decision on an appli- * the National Bureau of Standards (NBS) cation for duty-free entry of a scientific D.C. (memorandum dated Oct. 9, 1969); article pursuant to section 6(c) of the Docket No. 69-00708-01-77040. Appli­ 1. cant: Virginia Polytechnic Institute, Nier-Johnson ion optical system. Educational, Scientific, and Cultural Ma­ The Nuclide Model 12-90-G has an ion terials Importation Act of 1966 (Public Blacksburg, Va. 24061. Article: Mass spectrometer, Model RMU-6E. Manu­ optical system that is constructed accord­ Law 89-651, 80 Stat. 897) and the regu­ ing to the same Nier-Johnson design used lations issued thereunder as amended facturer: Hitachi Perkin-Elmer, Japan. in the foreign article. (34 F.R. 15787 et seq.). Intended use of article: The article will 2. Providing be used for research in the following Negative ion capability. A copy of the record pertaining to this negative ion capability involves only a decision is available for public review areas: reversal of polarity. This can be accom­ during ordinary business hours of the A. Quantitative analysis of mixtures. B. Qualitative identification of or­ plished in the double-focusing as well as Department of Commerce, at the Scien­ the single-focusing versions of the tific Instrument Evaluation Division, De­ ganic, inorganic, and organometallic Nuclide Model 12-90-G by switching the partment of Commerce, Washington, compounds. output cable at the terminals on the elec­ D.C. C. Study of ionization efficiency curves trostatic sector. The power supply output Docket No. 70-00400-25-41200. Appli­ for singly and multiply charged positive floats above ground. This permits a re­ cant: University of Colorado, Purchas­ ions. versal of polarity at the sector without ing Department, Regent Hall—Room D. Studies of negative ion formation in having to perform a similar reversal at 122, Boulder, Colo. 80302. Article: Klys­ unimolecular decomposition reactions. the power supply, since the floating tron oscillator, Type VC742C. Manufac­ E. Study of ionization efficiency curves ground automatically reverses the direc­ turer: Varian Associates of Canada, Ltd., for negative ions. tion of the power supply’s output. More­ Canada. F. Studies of ion-molecule reactions over, the Nuclide 12-90-G has been used Intended use of article: The article for positive and negative ions. for negative ion studies (cf. Nature, will be used in a research effort to de­ G. Lifetimes of metastable ions and 206 611 (1965)). velop a 94 GHz Maser receiver that “metastable ion mass spectra.” 3. Electron energy. The Nuclide Model would be useful in radio astronomy 12-90-G is available with an ionizing applications. H. Formation of negative ions via sur­ face ionization. voltage control with a range from 0 to Comments: No comments have been 100 electron volts. Moreover, zero elec­ I. Studies of free radicals generated received with respect to this application. tron volts in practice means simply low Decision: Application approved. No in­ thermally and photochemically. electron energies in the order of 0.1 strument or apparatus of equivalent Comments: Comments were received electron volts. scientific value to the foreign article, for from Nuclide Corp. (Nuclide), which al­ 4. Dual inlet system. The Nuclide such purposes as this article is intended lege inter alia that the Nuclide Model Model 12-90-G can be provided with an to be used, is being manufactured in the 12-90-G(ESA) mass spectrometer is of inlet sysem that is suitable for the in­ United States. equivalent scientific value to the foreign tended use of the foreign article. The Reasons: The foreign article is a article for such purposes as the article applicant in describing this characteris­ Klystron oscillator which is operable be­ is Intended to be used. Comments were tic of the foreign article stated: “Unique tween the frequency range of 92 to 98 also received from Consolidated Electro­ in this component is the design for con­ Giga-Hertz (GHz) and is mechanically dynamics Corp. (CEC), which allege venience. The turret for introduction and tunable. We find that the frequency inter alia that the CEC Model 21-110B preevacuation of the sample cell has two range of the foreign article is pertinent mass spectrometer is of equivalent scien­ compartments. Thus, one can be scan­ to the applicant’s research on the devel­ tific value to the foreign article for such ning for the mass spectrum of one sam­ opment of a 94 GHz Maser receiver. purposes as the article is intended to be ple while another is being evacuated.” We are advised by the National Bureau used. However, § 602.1(b) (7) of above-cited of Standards (NBS) in its memorandum Decision: Application denied. An in­ regulations provides in part: “The term dated April 9, 1970, that it knows of no strument of equivalent scientific value to [pertinent specifications! does not extend domestically manufactured Klystron os­ the foreign article, for such purposes as to such characteristics as size, durability, cillators that can operate in the fre­ this article is intended to be used, is be­ complexity or ease of operations, ease of quency range required for the applicant’s ing manufactured in the United States. maintenance and versatility, unless the intended purposes. NBS further advises Reasons: This application is a resub­ applicant can demonstrate that they are that it knows of no instrument or ap­ mission of Docket No. 69-00074-01-77040 necessary for accomplishing the purposes paratus of equivalent scientific value to which was denied without prejudice to for which the article is intended to be the foreign article, for such purposes as resubmission on December 31, 1968, be­ used.” Nothing in the application sug­ this article is intended to be used, which cause the applicant did not establish that gests the applicant’s need for handling is being manufactured in the United comparable domestic instruments were samples at any particular rate of speed. States. not of equivalent scientific value to the In commenting on the applicant’s re­ C h a r l e y M. D e n t o n , foreign article for the purposes described marks concerning the dual inlet system, Assistant Administrator for In­ in the initial application. In the cap­ Nuclide states that (a) due to the faster dustry Operations, Business tioned application, the applicant alleges pumping system of the Model 12-90-G. and Defense Services Admin­ that the foreign article possesses the fol­ one can run samples as fast with its sin­ istration. lowing that are not available in the most gle direct inlet system as with the dual [F.R. Doc. 70-6028; Filed, May 15, 1970; closely comparable domestic instrument system of the foreign article; (b) if ther 8:46 a.m.] (reply to Question 13) :' is any difference in favor of the foreign

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 NOTICES 7667 article, it could not exceed one minute focusing, Perkin Elmer Model RMU-6E affected by removal of these drugs from for every two samples; and (c) the Model [the foreign article to which this appli­ the market to submit pertinent data 12-90-G can handle both gaseous and cation relates]”; and (2) the short time bearing on the proposal within 30 days liquid samples, as well as solids. (Nuclide, allowed by the applicant for the sub­ following the date of publication of this supra page 4) mission of quotations, the invitation be­ announcement in the F ederal R eg ister. 5. Scan rate. The Nuclide Model 12-ing dated January 1,1967 and opening of The only material which will be consid­ 90-G provides a very fast variable scan bids scheduled January 31, 1967. ered acceptable for review must be well system that is actually superior to that of We, therefore, find that as of the date organized and consist of adequate and the foreign article. The applicant’s sup­ on which the applicant purchased the well-controlled studies bearing on the plementary remarks to its answers to foreign article, an instrument of equiv­ efficacy of the products, and not previ­ Question 13, state that Nuclide’s offer alent scientific value to the article for ously submitted. Such data should be was not responsive to the applicant’s bid such purposes as the article is intended identified with the reference number specifications. The applicant -in this to be used was being manufactured in DESI 10410 and be addressed to the Spe­ regard states “The major items in ques­ the United States. Accordingly, the ap­ cial Assistant for Drug Efficacy Study tion concern the ion-optical system, plication is denied. Implementation (BD-201), Bureau of Drugs, Food and Drug Administration, negative ion capability, variable electron C harley M. D enton, energy control from 0 (zero) to 100 (one Assistant Administrator for In­ 5600 Fishers Lane, Rockville, Md. 20852. hundred) eV., and scanning rates for the dustry Operations, Business This announcement of the proposed mass spectrometer.” Nuclide, however, and Defense Services Admin­ action and implementation of the NAS- states that the applicant’s specifications istration. NRC reports of the drugs is made to give described in its answer to Question 11 in notice to persons who might be adversely the application were not submitted to [F.R. Doc. 70-6029; Filed, May 15, 1970; affected by removal of these drugs from Nuclide in the applicant’s request for 8:46 a.m.] the market. quotation. In addition, in referring to the The firms listed above have been four major characteristics of concern to mailed a copy of the NAS-NRC report. the applicant, Nuclide asserts “* * * but Any interested person may obtain a copy these concerns were not mentioned as a DEPARTMENT OF HEALTH, of the reports on these drugs by writing part of the Applicant’s RFQ [request for to the Food and Drug Administration, quotation] which was sent to us or as EDUCATION, AND WELFARE Press Relations Staff (CE-200), 200 C “major” in our discussions with him. In Food and Drug Administration Street SW., Washington, D.C. 20204: any case, all of them were available from This notice is issued pursuant to the Nuclide at the time of his purchase, and, [DESI 10410] provisions of the Federal Food, Drug, and finally, we quoted fixed prices on compo­ CERTAIN NEOMYCIN SULFATE- Cosmetic Act (secs. 502, 507, 52 Stat. nents for all of- them, in our first sub­ CONTAINING DRUGS 1050-51, as amended, 59 Stat. 463, as mission to him in 1966.” (Nuclide, supra amended; 21 U.S.C. 352, 357) and under page 5.) In a supplementary memoran­ Drugs for Human Use; Drug Efficacy the authority delegated to the Commis­ dum dated March 3,1970, on the question Study Implementation sioner of Food and Drugs (21 CFR of Nuclide’s capability to furnish the 2 .120). The Pood and Drug Administration major characteristics with which the ap­ Dated: May 1, 1970. plicant is concerned, NBS stated: “With has evaluated reports received from the regard to willingness to supply, NBS finds National Academy of Sciences-National C harles C. E dwards, that the extent of modifications required Research Council, Drug Efficacy Study Commissioner of Food and Drugs. are well within the normal practice of Group, on the following antibiotic drugs [F.R. Doc. 70-6073; Filed, May 15, 1970; domestic manufacturers of mass spec­ for oral administration: 8:49 a.m.] trometers to meet special requirements of 1. Actol Solution; 65 milligrams neo­ customers.” mycin sulfate and 5,000 units polymyxin On the basis of the foregoing, we find B sulfate, per 5 milliliters; marketed by MERCK & CO., INC. The S. E. Massengill Co., 527 Fifth Street, that the characteristic of dual inlet sys­ Notice of Withdrawal of Petition for tem (item 4) is not a pertinent specifica­ Bristol, Tenn. 37620 (NDA 10-410). tion within the purview of § 602.1(b) (7) 2. Intromycin Powder; 7.5 milligrams Food Additive Ronidazole of the regulations. We further find that neomycin sulfate, 15 milligrams strepto­ Pursuant to provisions of the Federal in regard to the ion-optical system (item mycin, as the sulfate, and 950 milligrams Food, Drug, and Cosmetic Act (sec. 409 1), the design of the Nuclide 12-90-G is ©arob powder, per gram of product; mar­ (b), 72 Stat. 1786; 21 U.S.C. 348(b)), the identical to that of the foreign article keted by Pitman-Moore Division of The following notice is issued: Dow Chemical Co., 1200 Madison Avenue, since both follow the Nier-Johnson In accordance with § 121.52 With­ design. Box 1656, Indianapolis, Ind. 46206 (NDA 60-340). drawal of petitions without prejudice of With respect to variable voltage con­ the procedural food additive regulations trol (item 3) and scan rate (item 5) we The Food and Drug Administration (21 CFR 121.52), Merck Sharp & Dohme find that the Nuclide 12-90-G is at least concludes that there is a lack of sub­ Research Laboratories, Division of Merck scientifically equivalent. In the matter stantial evidence of effectiveness of & Co., Inc., Rahway, N.J. 07065, has with­ of negative ion capability (item 2) we these drugs, in that such evidence is drawn its petition (P39-247V), notice of lacking to show that each ingredient of concur in the statement of NBS in its which was published in the F ederal the drugs contributes to the total effects memorandum of March 3, 1970, that R eg ister of May 14, 1968 (33 F.R. 7128), since Nuclide, in its formal quotation of which they purport or are represented proposing the issuance of a food additive November 23, 1966, offered to supply the to have. regulation (21 CFR Part 121) to provide negative ion modification at a quoted Accordingly, the Commissioner of Food for the safe use of ronidazole ((1-methyl - price of $650, there is no reason to assume and Drugs intends to initiate proceedings 5-nitroimidazol-2-yl) methyl carba­ that Nuclide was no longer willing to to amend the antibiotic drug regulations mate) in turkey feed as an aid in the pre­ supply the same modification to the same (21 CFR Parts 146 and 148) where neces­ vention of blackhead (histomoniasis). prospective purchaser in January 1967. sary to delete from the list of drugs We also find that the omission of a quote acceptable for certification those that Dated: May 7,1970. on negative ion capability, in its second contain the above-listed combinations R . E. D uggan, quotation to the applicant (Jan. 27, intended for human use. Acting Associate Commissioner 1967), is accounted for by the following: Prior to initiating such action, how­ for Compliance. (l) the applicant’s invitation to bid ever, the Commissioner invites all inter­ [F.R. Doc. 70-6071; Filed, May 15, 1970; called for a “mass spectrometer, double ested persons who might be adversely 8:49 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7668 NOTICES

MONSANTO CO. Office of Education BIBLE COLLEGE EDUCATION Accrediting Association of Bible Colleges Notice of Filing of Petition for Food NATIONALLY RECO G N IZED AC­ (3-year institutes and 4- and 5-year col­ Additives CREDITING ASSOCIATIONS AND leges) . Pursuant to provisions of the Federal AGENCIES BUSINESS Food, Drug, and Cosmetic Act (sec. 409 List Accrediting Commission for Business Schools (b )(5), 72 Stat. 1786; 21 U.S.C. 348(b) For the purposes of determining eli­ (private junior and senior colleges of busi­ (5 )), notice is given that a petition (FAP ness, and 1- and 2-year private schools of gibility for Federal assistance, pursuant business). OA2523) has been filed by Monsanto Co., to Public Law 82-550 and subsequent 800 North Lindbergh Boulevard, St. American Association of Collegiate Schools legislation, thé Ü.S. Commissioner of of Business (baccalaureate and master’s Louis, Mo. 63166, proposing the issuance Education hereby publishes a list of degree programs). of a food additive regulation (21 CFR nationally recognized accrediting associ­ Part 121) to provide for the safe use of ations and agencies which he determines CHEMISTRY glutaric acid as an acidulant, buffer, and to be reliable authority as to the quality Committee on Professional Training, Ameri­ neutralizing agent in foods for which can Chemical Society (baccalaureate pro­ standards of identity established under of training offered by educational insti­ fessional programs). section 401 of the act do not preclude tutions either in a geographical area or CLINICAL PASTORAL EDUCATION such use. in a specialized field, and the general Dated: May 5,1970. National Certification and Accreditation scope of recognition granted to the Committee, Association for Clinical Pasto­ R . E . D ugg an , accrediting bodies. ral Education, Inc. (professional train­ Acting Associate Commissioner This list supersedes the list previously ing centers). for Compliance. promulgated by the Commissioner of COSMETOLOGY [F.R. Doc. 70-6072; Filed, May 15, 1970; Education on May 6, 1969, 34 F.R. 7.550. Cosmetology Accrediting Commission (pri­ 8:49 a.m.] vate cosmetology schools). Associations and Agencies R ecognized for T h eir General Accreditation of Colleges DENTISTRY [Docket No. FDC-D-158; NADA No. 6-516V] and Universities Council on Dental Education, American WHITMOYER LABORATORIES, INC. Commission on Institutions of Higher Edu­ Dental Association (programs leading to cation, Middle States Association of Col­ DDS or DMD degrees, and professional pro­ Vermex Powder and Poultry Tablets; leges and Secondary Schools. grams in dental hygiene, dental assisting Notice of Withdrawal of Approval Commission on Institutions of Higher Edu­ and dentar technology). cation, New England Association of Col­ ENGINEERING of New Animal Drug Application leges and Secondary Schools. A notice of opportunity for hearing on Commission on Colleges and Universities, Engineers’ Council for Professional Develop­ the proposed withdrawal of approval of North Central Association of Colleges and ment (first professional degree curricula in Secondary Schools. engineering and 2-year programs in engi­ new animal drug application No. 6-516V Commission on Higher Schools, Northwest neering technology). and all amendments and supplements Association of Secondary and Higher thereto held by Whitmoyer Laboratories, Schools. FORESTRY Inc., Myerstown, Pa. 17067, for the drugs » Commission on Colleges and Universities, Society of American Foresters (professional Vermex Powder and Poultry Tablets was Southern Association of Colleges and schools). Schools. published in the F e d e r a l R e g is t e r of HOME STUDY EDUCATION February 26, 1970 (35 F.R. 3767). Whit­ Accrediting Commission for Senior Colleges moyer Laboratories, Inc., has waived and Universities, Accrediting Commission Accrediting Commission, National Home for Junior Colleges, Western Association of Study Council (private correspondence opportunity for a hearing on the pro­ Schools and Colleges. schools). posed withdrawal of approval of said Board of Regents (for higher institutions JOURNALISM application. within New York State), University of the American Council on Education for The Commissioner of Food and Drugs, State of New York. Journalism (baccalaureate professional pursuant to the provisions of the programs). Federal Food, Drug, and Cosmetic Act Associations and Agencies R ecognized for T h eir S pecialized Accreditation of LAW (sec. 512(e), 82 Stat. 345-47; 21 U.S.C. Schools or P rograms 360b (e)) and under authority delegated American Bar Association (professional to him (21 CFR 2.120), finds on the basis ALLIED MEDICAL HEALTH ÉDUCATION schools). of new information before him evaluated Accrediting Bureau for Medical Laboratory LIBRARIANSHIP together with evidence available to him Schools (medical laboratory technician Committee on Accreditation, American Li­ when the application was approved, that education). brary Association (5-year programs leading there is lack of substantial evidence that Council on Medical Education, American to the master’s degree). the drug will have the effect it purports Medical Association (programs in medical or is represented to have under the con­ technology, occupational therapy, physical MEDICINE therapy, medical record librarianship, med­ Liaison Committee on Medical Education ditions of use prescribed, recommended, ical record technology, and radiologic or suggested in its labeling. representing the Council on Medical Edu­ technology). cation of the American Medical Association Therefore, pursuant to the foregoing ANESTHESIOLOGY and the Executive Council of the Associa­ finding, approval of new animal drug application No. 6-515V and all amend­ American Association of Nurse Anesthetists tion of American Medical Colleges (pro­ ments and supplements thereto applying (professional schools). fessional programs leading to Mfi. degree). to Vermex Powder and Poultry Tablets ARCHITECTURE MUSIC is withdrawn effective on the date of National Architectural Accrediting Board, National Association of Schools of Music signature of this document. Inc.. (5-year programs leading to a pro­ (baccalaureate and graduate degree pro­ Dated: May 12,1970. fessional degree). grams). NURSING C h a r l e s C . E d w a r d s, ART Board of Review, National League for Nurs­ Commissioner of Food and Drugs. National Association of Schools of Art (pro­ ing, Inc. (professional and practical nurse [F.R. Doc. 70-6074; Filed, May 15, 1970; fessional programs at the baccalaureate 8:49 a.m.] and graduate levels). programs).

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 NOTICES 7669

Accrediting Review Board, National Associa­ of a facility operating license which (1) the application for construction per­ tion for Practical Nurse Education and would authorize Carolina Power & Light mit and facility license dated July 12, Service, Inc. (practical nurse programs). Co. to possess, use, and operate the H. B. 1966, as amended (Amendment Nos. 8 OCCUPATIONAL, TRADE AND TECHNICAL Robinson Unit No. 2, a closed cycle, pres­ through 21), (2) the report of the Ad­ EDUCATION surized water nuclear reactor, on the visory Committee on Reactor Safeguards Accrediting Comipission, National Association applicant’s site in Darlington County, on the application for the H. B. Robinson of Trade and Technical Schools (private S.C., about 4.5 miles west-northwest of Unit No. 2 facility license, dated April 16, trade and technical schools). Hartsville. Construction of the facility 1970, (3) the proposed facility operating Committee on Occupational Education, was authorized by Provisional Construc­ license, including Technical Specifica­ Southern Association of Colleges and tion Permit No. CPPR-26 issued by the tions attached thereto as Appendix A, Schools ( noncollegia te postsecondary Commission on April 13, 1967. (4) a related safety evaluation prepared schools). The H. B. Robinson Unit No. 2 is de­ by the Division of Reactor Licensing, and OPTOMETRY signed to operate at 2,200 megawatts (5) a document entitled “Statement on Council on Optométrie Education, American thermal; however, until the Commission the Environmental Considerations Relat­ Optométrie Association (professional has reviewed the seismic analysis of cer­ ing to the Proposed Operation by Caro­ schools). tain Class I piping and equipment to be lina Power & Light Co. of the H. B. OSTEOPATHY provided by the Carolina Power & Light Robinson Unit No. 2,” all of which will American Osteopathic Association (pro­ Co., the power level will be restricted to be available for public inspection at the grams leading to D.O. degree). 5 megawatts thermal. Upon satisfactory Commission’s Public Document Room, PHARMACY completion of the review and upon writ­ 1717 H Street NW., Washington, D.C. American Council on Pharmaceutical Educa­ ten notification from the Commission, Copies of items (2), (4), and (5) above tion (professional schools). Carolina Power & Light Co. will be au­ may be obtained at the Commission’s thorized to operate the facility at steady PODIATRY Public Document Room or upon request state power levels not to exceed 2,200 addressed to the Atomic Energy Com­ Council on Education, American Podiatry As­ megawatts thermal, in accordance with mission, Washington, D.C. 20545, Atten­ sociation (baccalaureate and graduate the provisions of the license and the tion: Director, Division of Reactor degree programs). Technical Specifications appended Licensing. PSYCHOLOGY thereto. In the event that other construction Dated at Bethesda, Md., this 14th day American Psychological Association (doc­ of May 1970. toral and internship programs in clinical matters have not been completed to per­ and counseling psychology). mit full power operation, the Commis­ For the Atomic Energy Commission. sion may issue a facility operating PUBLIC HEALTH license consistent with the level of con­ P e t e r A . M o r r is , Committee on Professional Education, Director, struction completed to permit initial fuel Division of Reactor Licensing. American Public Health Association, Inc. loading and low power testing prior to (master’s degree programs in community the issuance of the full power license. [F.R. Doc. 70-6148; Filed, May 15, 1970; health education and graduate professional 8:53 a.m.] schools of public healthy. The Commission has found that the application for the facility license, as SOCIAL WORK amended, complies with the require­ [Docket No. 50-263] Committee on Accreditation, Council on ments of the Atomic Energy Act of 1954, Social Work Education (graduate profes­ as amended (the Act), and the Com­ NORTHERN STATES POWER CO. sional schools). mission’s regulations published in 10 CFR Chapter I. Order Scheduling Resumption of SPEECH PATHOLOGY AND AUDIOLOGY Hearing American Boards of Examiner in Speech Prior to issuance of the operating li­ Pathology and Audiology, American Speech cense, the facility will be inspected by the In the matter' of Northern States and Hearing Association (master’s degree Commission to determine whether it has Power Co. (Monticello Nuclear Generat­ programs). been constructed in accordance with the ing Plant Unit 1); Docket No. 50-263. application, as amended, and the provi­ TEACHER EDUCATION It is hereby ordered, That the hearing sions of Provisional Construction Permit in the subject matter shall be resumed National Council for the Accreditation of No. CPPR-26. The license will be issued in the U.S. Federal Courthouse, 316 Teacher Education (baccalaureate and after the Commission makes the find­ North Roberts Street, St. Paul, Minn., at graduate degree programs). ings, relating to its review of the applica­ Courtroom 4 (seventh floor), commenc­ THEOLOGY tion, which are set forth in the pro­ ing at 10 a.m., local time, Monday, Commission on Accrediting, American Asso­ posed license, and concludes that the is­ June 15, 1970. ciation of Theological Schools (graduate suance of this license will not be inimical It is further ordered, That this order professional schools). to the common defense and security or shall be published in the F e d er a l VETERINARY MEDICINE to the health and safety of the public. R e g is t e r . Upon issuance of the license Carolina Council on Education, American Veterinary Power & Light Co. will be required to Dated at Washington, D.C., May 14, Medical Association (programs leading to 1970. DVM or VMD degrees). execute an indemnity agreement as re­ quired by section 170 of the Act and 10 A t o m ic S a f e t y and L ic e n s ­ Dated: May 6, 1970. CFR Part 140 of the Commission’s in g B oard, regulations. V a l e n t in e B . D e a l e , J a m e s E. A l l e n , Jr., Chairman. U.S. Commissioner of Education. Within thirty (30) days from the date of publication of this notice in the F e d ­ [F.R. Doc. 70-6149; Filed, May 15, 1970; [P.R. Doc. 70-6085; Piled, May 15, 1970; e r a l R e g is t e r , the applicant may file a 8:53 a.m.] 8:50 a.m.] request for a hearing and any person whose interest may be affected by this proceeding may file a petition for leave ATOMIC ENERGY COMMISSION to intervene. Requests for a hearing and CIVIL SERVICE COMMISSION petitions to intervene shall be filed in COUNCIL ON ENVIRONMENTAL (Docket No. 50-261] accordance with the Commission’s rules of practice in 10 CFR Part 2. If a request QUALITY CAROLINA POWER & LIGHT CO. for a hearing or petition for leave to in­ Notice of Grant of Authority To Make tervene is filed within the time prescribed Notice of Proposed Issuance of Noncareer Executive Assignments Facility Operating License in this notice, the Commission will issue a notice of hearing or appropriate order. Under authority of § 9.20 of Civil Serv­ The Atomic Energy Commission (the For further details with respect to this ice Rule IX (5 CFR 9.20), the Civil Serv­ Commission) is considering the issuance proposed facility operating license, see ice Commission authorizes the Council

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7670 NOTICES on Environmental Quality to fill by non­ service the position of Special Assistant Housing Management, Renewal and career executive assignments in the ex­ to the Secretary, Office of the Secretary. Housing Management. cepted service the position of General U nited S tates Civ il S erv­ U nited S tates Civ il S erv­ Counsel and two positions of Senior Staff ic e Co m m issio n , ic e C o m m issio n , Member. [ seal] J ames C. S p r y , [ seal] J ames C. S p r y , U nited S tates C iv il S erv­ Executive Assistant to Executive Assistant ic e C o m issio n , the Commissioners. to the Commissioners. [ seal] J ames C. S p r y , Executive Assistant to [F.R. Doc. 70-6112; Filed, May 15, 1970; [F.R. Doc. 70-6115; Filed, May 15, 1970; the Commissioners. 8:52 a.m.] 8:52 a.m.] [F.R. Doc. 70-6110; Filed, May 15, 1970; 8:52 a.m.] DEPARTMENT OF COMMERCE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DEPARTMENT OF AGRICULTURE Notice of Grant of Authority To Make Notice of Title Change in Noncareer Noncareer Executive Assignment Notice of Revocation of Authority To Executive Assignment Under authority of § 9.20 of Civil Serv­ Make Noncareer Executive Assign­ ice Rule IX (5 CFR 9.20), the Civil Serv­ ment By notice of November 17, 1967, F.R.« ice Commission authorizes the Depart­ Under authority of § 9.20 of Civil Serv­ Doc. 67-13608, the Civil Service Commis­ ment of Commerce to fill by noncareer sion authorized the departments and ice Rule IX (5 CFR 9.20), the Civil Serv­ executive assignment in the excepted ice Commission revokes the authority of agencies to fill by noncareer executive service the position of Executive Direc­ assignment, certain positions removed the Department of Housing and Urban tor, National Industrial Pollution Con­ Development to fill by noncareer execu­ from Schedule C of Civil Service Rule trol Council, Office of the Assistant Sec­ VI by 5 CFR 213.3301a on November 17, tive assignment in the excepted service retary for Domestic and International the position of Deputy Assistant Secre­ 1967. This is notice that the title of one Business. such position so authorized to be filled tary, Renewal and Housing Assistance. by noncareer executive assignment has U nited S tates Civ il S erv­ U nited S tates Civ il S erv­ been changed from Administrative Offi­ ic e Co m m issio n , ic e Com m issio n , cer (Assistant to the Secretary) to [ seal] J ames C. S p r y , [ seal] J ames C. S p r y , Assistant to the Secretary for Public • - Executive Assistant to Executive Assistant to Affairs. the Commissioners. the Commissioners. U nited S tates C iv il S erv­ [F.R. Doc. 70-6113; Filed, May 15, 1970; [F.R. Doc. 70-6116; Filed, May 15, 1970; 8:52 a.m.] ic e Co m m issio n , 8:53 a.m.] [ seal] J ames C. S p r y , Executive Assistant to DEPARTMENT OF HOUSING AND DEPARTMENT OF HOUSING AND the Commissioners. URBAN DEVELOPMENT [F.R. Doc. 70-6109; Filed, May 15, 1970; URBAN DEVELOPMENT 8:52 a.m.] Notice of Revocation of Authority To Notice of Grant of Authority To Make Make Noncareer Executive Assign­ DEPARTMENT OF COMMERCE Noncareer Executive Assignment ment Notice of Revocation of Authority To ' Under authority of § 9.20 of Civil Serv­ Under authority of § 9.20 of Civil Serv­ ice Rule IX (5 CFR 9.20), the Civil Serv­ Make Noncareer Executive Assign­ ice Rule IX (5 CFR 9.20), the Civil ice Commission authorizes the De­ ment Service Commission revokes the author­ partment of Housing and Urban Under authority of § 9.20 of Civil Serv­ ity of the Department of Housing and Development to fill by noncareer execu­ Urban Development to fill by noncareer ice Rule IX (5 CFR 9.20), the Civil tive assignment in the excepted service Service Commission revokes the author­ executive assignment in the excepted the position of Director, Office of Hous­ service the position of General Deputy, ing Management, Renewal and Housing ity of the Department of Commerce to Housing Assistance Administration. fill by noncareer executive assignment Management. U nited S tates C iv il S erv­ in the excepted service the position of U nited S tates C iv il S erv­ ic e C o m m issio n , Deputy Assistant Secretary for Eco­ ic e Com m issio n , [ seal] J ames C. S p r y , nomic Affairs, Office of the Assistant [sea l] J ames C. S pr y , Secretary for Economic Affairs. Executive Assistant to Executive Assistant to the Commissioners. U nited S tates Civ il S erv­ the Commissioners. ic e C o m m issio n , [F.R. Doc. 70-6114; Filed, May 15, 1970; [F.R. Doc. 70-6117; Filed, May 15, 1970; 8:52 a.m.] [ seal] J ames C. S p r y , 8:53 a.m.] Executive Assistant to the Commissioners. DEPARTMENT OF HOUSING AND POST OFFICE DEPARTMENT [F.R. Doc. 70-6111; Filed, May 15, 1970; URBAN DEVELOPMENT 8:52 a.m.] Notice of Grant of Authority To Make Notice of Grant of Authority To Make Noncareer Executive Assignment DEPARTMENT OF COMMERCE Noncareer Executive Assignment Under authority of § 9.20 of Civil Serv­ Notice of Grant of Authority To Make Under authority of § 9.20 of Civil Serv­ ice Rule IX (5 CFR 9.20), the Civil Noncareer Executive Assignment ice Rule IX (5 CFR 9.20), the Civil Service Commission authorizes the De­ Service Commission authorizes the Post Under authority of § 9.20 of Civil Serv­ partment of Housing and Urban Devel­ Office Department to fill by noncareer ice Rule IX (5 CFR 9.20), the Civil Serv­ opment to fill by noncareer executive as­ executive assignment in the excepted ice Commission authorizes the Depart­ service the position of Deputy Special ment of Commerce to fill by noncareer signment in the excepted service the executive assignment in the excepted position of Deputy Director, Office of Assistant to the Postmaster General

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 NOTICES 7671

(Special Projects and Philatelic Affairs), agency, or of any State or political sub­ of the hearing will be proposals to amend Office of the Postmaster General. division thereof. the Comprehensive Plan so as to include For violation of this order, section 2 of title U n it e d S t a t e s C i v i l S e r v ­ II of the Espionage Act of June 15, 1917 (40 therein the following three projects: ic e C o m m i s s io n , Stat. 220 as amended, 50 U.S.C. 192),. 1. Borough of Mount Pocono. A sewage [ s e a l ] J a m e s C . S p r y , provides: collection and treatment system to serve Executive Assistant to “If any owner, agent, master, officer, or the Borough of Mount Pocono, Monroe the Commissioners. person in charge, or any member of the County, Pa. The proposed treatment crew of any such vessel fails to comply with plant will remove 90 percent of BOD (F.R. Doc. 70-6118; Filed, May 15, 1970; any regulation or rule issued or order given 8:53 a.m.] under the provisions of this chapter, or ob­ (organic wastes) and suspended solids, structs or interferes with the exercise of any and 85 percent of phosphate from a waste power conferred by this chapter, the vessel, water flow of 400,000 gallons per day. together with her tackle, apparel, furniture, Treated effluent will discharge to Forest and equipment, shall be subject to seizure Hills Rim, a tributary of the Brodhead DEPARTMENT OF and forfeiture to the United States in the Creek. same manner as merchandise is forfeited for violation of the customs revenue laws; and 2. U.S. Army Corps of Engineers. A TRANSPORTATION the person guilty of such failure, obstruc­ flood protection project for the Borough tion, or interference shall be punished by of Tamaqua, Schuylkill County, Pa. A Coast Guard imprisonment for not more than 10 years and 2,400-foot tunnel will divert high flows [CGFR 70-52] may, in the discretion of the court, be fined of Wabash Creek into the Little Schuyl­ not more than $10,000. kill River. The tunnel will have a capac­ EQUIPMENT, CONSTRUCTION, AND “ (a) If any other person knowingly fails to comply with any regulation or rule issued or ity of 1,500 cfs (cubic feet per second). MATERIALS order given under the provisions of this 3. Town of Thompson. A project to Termination of Approval Notice chapter, or knowingly obstructs or interferes improve and enlarge the Kiamesha Lake with the exercise of any power conferred by Sewer District's treatment plant in the Correction this chapter, he shall be punished by im­ town of Thompson, Sullivan County, N.Y. prisonment for not more than 10 years and The capacity of the existing sewage In F.R. Doc. 70-5621 appearing on page may, at the discretion of the court, be fined 7196 in the issue for Thursday, May 7, not more than $10,000.” treatment plant will be increased to 1.2 1970, in the second line of the paragraph million gallons per day. Waste water will following the heading “Boilers Auxil­ Dated: May 11,1970. receive secondary treatment and disin­ fection prior to discharge into Kiamesha iary * * insert the word “Box” W. J. S m i t h , preceding the number “550”. Admiral, U.S. Coast Guard, Creek. Commandant. Documents relating to the items listed for hearing may be examined at the [OGFR 70-68] [F.R. Doc. 70-6049; Filed, May *15, 1970; 8:47 a.m.] Commission’s offices. All persons wishing SAN FRANCISCO BAY to testify are requested to register in ad­ vance with the Secretary to the Com­ Security Zone National Transportation Safety Board mission (Telephone (690) 883-9500). By virtue of the authority vested in me [Docket No. SA—419] W . B r in t o n W h it a l l , as Commandant, U.S. Coast Guard, by Secretary. Executive Order 10173, as amended (33 AIRCRAFT ACCIDENT AT M a y 8, 1970. CFR Part 6), sec. 6(b) (1), 80 Stat. 937, BINGHAMTON, N.Y. [F.R. Doc. 70-6036; Filed, May 15, 1970; 49 U.S.C. 1655(b)(1), and 49 CFR 1.46 8:46 a.m.] (b), I hereby affirm for publication in Notice of Investigation Hearing the F ed er a l R e g is t e r the order of C. F. In the matter of investigation of air­ Scharfenstein, Jr., Captain, U.S. Coast craft accident involving Commuter Air­ Guard, Acting Commander, Twelfth lines (Air Taxi), Beech 18, N497DM, at FEDERAL POWER COMMISSION Coast Guard District, who has exercised Broome County Airport, Binghamton, [Docket No. RI70-1592 etc.] authority as District Commander, such N.Y., on Mar. 22,1970. order reading as follows: Notice is hereby given that an Acci­ SHELL OIL CO. ET AL. dent Investigation Hearing on the above S a n F r a n c i s c o B a t matter will be held commencing at 9:30 Order Providing for Hearings on and SECURITY ZONE a.m. (local time) on June 17, 1970, in the Suspension of Proposed Changes in Under the present authority of section 1 Endicott Room, of the Treadway Inn, Rates 1 of title II of the Espionage Act of June 15, Binghamton, N.Y. May 8 , 1970. 1917, 40 Stat. 220, as amended, 50 U.S.C. 191, The respondents named herein have and Executive Order 10173, as amended, I Dated this 12th day of May 1970. filed proposed increased rates and declare that due to the launching of the [ s e a l ] W il l ia m R . H e n d r ic k s , USS Drum” (SSN 677), the following area charges of currently effective rate sched­ is a security zone and I order it to be closed Hearing Officer. ules for sales of natural gas under Com­ to any person or vessel from 1630 P.d.t. on [F.R. Doc. 70-6094; Filed, May 15, 1970; mission jurisdiction, as set forth in May 23, 1970, until after the “USS Drum” 8:51 a.m.] Appendix A hereof. (SSN 677) takes the water and is alongside the seawall at Mare Island Naval Shipyard. The proposed changed rates and The waters of Mare Island' Strait, Napa charges may be unjust, unreasonable, River, California, between the Mare Island unduly discriminatory, or preferential, Causeway (38°06'44" N„ 122°16'14.5" W. to DELAWARE RIVER BASIN or otherwise unlawful. 38°06'36" N„ 122°16'32" W.) and a line ex­ The Commission finds: It is in the tending in the direction 245° true from the COMMISSION public interest and consistent with the end of the Naval Reserve Pier, Vallejo, Calif. Natural Gas Act that the Commission (38°05'36.5" N., 122815'22" W.) to the op­ COMPREHENSIVE PLAN posite shore of the Napa River (38°05'32" enter upon hearings regarding the law­ N., 122°15'35" W.). Notice of Public Hearing fulness of the proposed changes, and person or vessel shall remain in or enter Notice is hereby given that the Dela­ that the supplements herein be sus­ this security zone without permission of the ware River Basin Commission will hold pended and their use be deferred as captain of the Port, San Francisco. a public hearing on Thursday, May 21, ordered below. n ®aPt;ain of the Port, San Francisco, calif., shall enforce this order. In the en­ 1970, in the South Auditorium of the The Commission orders: forcement °* this order, the Captain of the American Society for Testing and Mate­ ort may utilize, by appropriate agreement, rials Building, 1916 Race Street, in Phila­ 1Does not consolidate for hearing or dis­ personnel and facilities of any other Federal delphia, beginning at 2 p.m. The subject pose of the several matters herein.

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY T6, 1970 No. 96------6 7672 NOTICES

(A) Under the Natural Gas Act, par­ date shown in the “Date Suspended (D) Notices of intervention or peti­ ticularly sections 4 and 15, the regula­ Until” column, and thereafter until tions to intervene may be filed with the tions pertaining thereto (18 CFR Ch. I), made effective as prescribed by the Federal Power Commission, Washing­ and the Commission’s rules of practice Natural Gas Act. ton, D.C. 20426, in accordance with the and procedure, public hearings shall be (C) Until otherwise ordered by therules of practice and procedure (18 CFR held concerning the lawfulness of the Commission, neither the suspended 1.8 and 1.37(f)) on or before June 24, 1970. proposed changes. supplements, nor the rate schedules (B) Pending hearings and decisions sought to be altered, shall be changed By the Commission. thereon, the rate supplements herein are until disposition of these proceedings or [ s e a l ] G o r d o n M . G r a n t , suspended and their use deferred until expiration of the suspension period. Secretary. Appendix A

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

RI70-1592.. Shell Oil Co., 50 West 297 8 South Texas Natural Gas « 4-13-70 3 5-14-70 10-14-70 • 16.0 « ‘ 18.0675 50th St., New York, Gathering Co. (McAllen Ranch, N .Y . 10020. Hidalgo County, Tex.) (R R . District No. 4). RI70-1593-. Pan American Petro­ 54 9 Natural Gas Pipeline Co. of $10,220 4-14-70 « 5-15-70 10-15-70 14.0 «f 16.0 RI70-1445. leum Corp., Post America (Urbana Field, San Office Box 3092, Jacinto County, Tex.) (RR. Houston, Tex. District No. 3). Pan American Petro­ 404 5 Natural Gas Pipeline Co. of 20,060 4-16-70 » 5-21-70 10-21-70 »17.0637 « «818.0667 RI70-697. leum Corp., Post America (Mobeetie Field, Office Box Í410, Fort Wheeler County, Tex.) (R R . District No. 10). ____do—1...... 487 • 7 Arkansas Louisiana Gas Co. 20 4-16-70 » 5-17-70 10-17-70 15.0 <»16.015 (Red Oak Field, Latimer County, Okla.) (Panhandle RI70-1594.. Humble Oil & Refin­ 371 2 Natural Gas Pipeline Co. of 4,934 4-16-70 36- 1-70 11- 1-70 16.06 ««17.0638 RI70-426. ing Co., Post Office America (Laura Thomson Box 2180, Houston, Field, Bee County, Tex.) (RR. Tex. 77001. District No. 2). RI70-1595-- Shell Oil Co. (Opera­ 359 2 Texas Eastern Transmission 38,837 4-17-70 »5-18-70 10-18-70 17.0744 8 >» 18.0788 RI70-347. tor) et al., 50 West Corp. (Sheridan Field, 50th St., New York, Colorado County, Tex.) (R R . N .Y. 10020. District No. 3). RI70-1596-- Helmerich & Payne, 13 7 Panhandle Eastern Pipe Line 1,135 4-13-70 » 5-14-70 10-14-70 «16.0 < 8 8 17. 0 RI70-411. Inc., Utica at 21st, .Co. (Southeast Liberal Field, Seward County, Kans.). Tulsa, Okla. 74114. RI70-412. R I70-1597.- American Petrofina 43 2 Ti'Sjiswestern Pipeline Co. (Red 146 4-13-70 » 5-14-70 10-14-70 « 16.07 « «» 17.074375 Co. of Texas, Post Deer Field, Roberts County, Office Box 2159, Tex.) (R R . District No. 10). Dallas, Tex. 75221. RI70-1598-- Thomas E . Berry 6 7 E l Paso Natural Gas Co. (Mo- 20,952 4-13-70 3 5-14-70 10-14-70 17.0 * * 23.015 (Operator) et al., cane Field, Beaver County, Post Office Box 111, Okla.) (Oklahoma “Other” Stillwater, Okla. Area). RI70-1599-. Burk Gas Corp., 13 5 Northern Natural Gas Co., 3,504 4-10-70 1» 5-11-70 10-11-70 »17.0 8*818.0 800 Oil & Gas Bldg., (Ochiltree County, Tex.) (R R . Wichita Falls, Tex. District No. 10). 76301. RI70-1600-. Signal Oil and Gas Co. 26 2 Panhandle Eastern Pipe Line 50,400 4-10-70 » 5-11-70 10-11-70 »15.0 » >» >3 18. 0 et al., 1101 Wilshire Co. (Northeast Trail Field, Bldg., Los Angeles, Dewey County, Okla.) (Okla­ Calif. 90017. homa “Other” Area). RI70-1601...... do...... 27 3 Panhandle Eastern Pipe Line 108,000 4-10-70 » 5-11-70 10-11-70 I» 15.0 « >2 >8 18. 0 Co. (Aline Plant, Alfalfa, Major, and Woods Counties, Okla.) (Oklahoma “Other" Area). RI65-546. RI70-1602-. The Bradley Produc­ 1 10 Natural Gas Pipeline Co. of 1,247 4-13-70 » 5-14-70 10-14-70 «17.8 8 8 8 18, 615 ing Corp., 313 North America (Camrick Field, Main St., Wellsville, Beaver County, Okla.) (Pan- N .Y. 14895. handle Area). 4-13-70 » 5-14-70 10-14-70 «17.8 8 81 18.615 RI66-546. 2 10 do ...... -...... 33 RI65-546. 3 1 0 ____do ...... 174 4-13-70 n 5-14-70 10-14^70 « 17.8 8 8» 18.615 ____do...... - 8 3 Michigan Wisconsin Pipe Line 72 4-13-70 H 5-14-70 10-14-70 13 M 17.72 < 8 is u 20.235 Co., (Laverne Area, Harper County, Okla.) (Panhandle Area). ____do...... -...... 9 1 Northern Natural Gas Co. 122 4-13-70 « 5-14-70 10-14-70 •17.0 8 «818. 0 15 (Como Field Area, Beaver County, Okla.) (Panhandle ...... do...... 11 5 Michigan Wisconsin Pipe Line 1,905 4-13-70 « 5-14-70 10-14-70 « >«15.84 8 >3 >8 20.355 Co. (Northeast Cedardale Field, Major County, Okla.) (Oklahoma “Other” Area). RI70-1603-- Cotton Petroleum Co., 1 2 Transwestern Pipeline Co. 15,840 4-13-70 h 5-14-70 10-14-70 >» 17.0 2121 South Colum­ (Hansford County, Tex.) • bia, Tulsa, Okla. (R R . District No. 10). 74114. 8 8 13 IT 22. 0 RI66-387J RI70-1604-- Kingwood Oil Co., 10 8 Michigan Wisconsin Pipe Line 1,765 4-13-70 3 5-14-70 10-14-70 >3 if 19.5 100 Park Avenue Co. (Laverne Field, Beaver Bldg., Oklahoma County, Okla.) (Panhandle City, Okla. 73102. Area). RI66-387. ñ n 10 2,821 4-13-70 » 5-14-70 10-14-70 >» >« 19.5 i 8 13 18 22. 0 8 8 18.0 RI70-1605-. Sierra Petroleum Co., 1 1 Panhandle Eastern Pipe Line 5,000 4-14-70 » 5-15-70 10-15-70 16.0 Iric., 211 North Co. (Boaldin Field, Texas Broadway, Wichita, County, Okla.) (Panhandle Kans. 67202. Area). See footnotes at end of table.

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 NOTICES 7673

Appendix A—Continued

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

RI70-1606-.. Walter Duncan (Oper­ 8 2 Michigan Wisconsin Pipe Line $48,600 4-13-70 44 5-14-70 10-14-70 4315.0 « 43 w 19.5 ator) et al., Post Co. (Woodward Area, Major Office Box 211, County, Okla.) (Oklahoma La Salle, 111. “Other” Area). RI70-1607-.. Reading & Bates Pro­ 2 . 3 Panhandle Eastern Pipe Line 1,476 4-16-70 3 5-17-70 5-17-70 43 24 15. 105 4 43 20 21 is. 105 RI68-617. duction Co. (Oper­ Co. (South Teagarden Field, ator) et al., 1100 Woods County, Okla.) (Okla­ Philtower Bldg., homa “Other” Area). Tulsa, Okla. 74103. ■ RI70-1608... Ben F. Brack (Opera­ 4 5 Cities Service Gas Co. (Aetna- 1,080 4-13-70 44 5-14-70 10-14-70 8 22 12. 0 4 8 8 15.0 tor) et al., 2420 North Mississippi Gas Pool, Barber Dellrose, Wichita, County, Kans.). Kans. RI70-1609-. Texaco, Inc., Post 195 8 Natural Gas Pipeline Co. of . 12 4- 3-70 3 5-13-70 10-13^70 8 18.6 4 8 8 18.8 RI70-792. Office Box 2420, America (Southeast Camrick Tulsa, Okla. 74102. Field, Texas County, Okla.) (Panhandle Area).

2 Not stated. . S 43 Subject to upward and downward B.t.u. adjustment. 3 The stated effective date is the effective date requested by respondent. 44 Includes 0.72 cent upward B.t.u. adjustment. 4 Periodic rate increase. 48 Filing to initial contract rate plus tax reimbursement plus upward B.t.u. adjust- 8 Pressure base is 14.65 p.s.i.a. 6 Pertains only to acreage added by Supplement No. 7. Permanently certificated aujUOblUClll. rate. 42 For production from Canfield and Berends Units. 2 Ex parte rate increase. 48 For production from Shephard Unit. 8 Subject to a downward B.t.u. adjustment. 49 Filing from certificated rate to initial contract rate. 9 Applicable only to Supplement No. 4. 20 Fifing from certificated rate plus tax reimbursement to first periodic increase 40 Respondent is filing up to contract rate. plus tax reimbursement. 11 The stated effective date is the first day after expiration of the statutory notice 24 Includes 0.15 cent tax reimbursement and 0.09 cent upward B.t.u. adjustment. period. Rate of 13 cents is effective subject to refund in RI62-198, but rate is not being 42 Filing from certificated rate to initial contract rate. collected because no refund assurance has been filed. American Petrofina Company of Texas and of certain natural gas facilities, all as taken but will not serve to make the Ben F.. Brack (Operator) et al., request that more fully set forth in the application their proposed rate increases be permitted protestants parties to the proceeding. to become effective as of May 8, 1970. Burk which is on file with the Commission and Any person wishing to become a party Gas Corp. requests an effective date of open to public inspection. to a proceeding or to participate as a April 1, 1970. Signal Oil & Gas Co. and the Applicant proposes to construct and party in any hearing therein must file a Bradley Producing Corp. request that their operate in interstate commerce gas sup­ petition to intervene in accordance with proposed rate increases be permitted to be­ ply facilities it states are necessary to the Commission's rules. come effective as of May 10, 1970. Cotton continue to serve existing markets, in­ Petroleum Co. requests an effective date of Take further notice that, pursuant to cluding 298 miles of 24-inch and 30-inch the authority contained in and subject to May 12, 1970, for its proposed rate increase pipeline from Hemphill County, Tex., to and Walter Duncan (Operator) et al., re­ the jurisdiction conferred upon the Fed­ quests a retroactive effective date of Janu­ applicant’s existing Wilburton Compres­ eral Power Commission by sections 7 and ary 28, 1970, for their rate increase. Good sor Station in Oklahoma, 33 miles of 12- 15 of the Natural Gas Act and the Com­ cause has not been shown for waiving the inch and 8-inch lateral line to connect its mission’s rules of practice and procedure, 30-day notice requirement provided in sec­ Lawton System, along with compressor a hearing will be held without further tion 4(d) of the Natural Gas Act to permit stations, gas treating facilities, gathering notice before the Commission on this earlier effective dates for the aforementioned facilities, and other facilities necessary producers’ rate filings and such requests are application if no petition to intervene is denied. to deliver additional volumes of natural filed within the time required herein, if Humble Oil & Refining Co. (Humble) re­ gas to five of applicant’s existing systems the Commission on its own review of the quests that should the Commission suspend from the Deep Anadarko Basin Area of matter finds that a grant of the certifi­ its proposed rate filing that the suspension West Oklahoma and the Texas Pan­ cate is required by the public convenience period with respect thereto be limited to handle to replace declining supply. The and necessity. If a petition for leave to 1 day, or as short a period as possible. Good application also requests an order cause has not been shown for limiting to intervene is timely filed, or if the Com­ authorizing the operation in interstate mission on its own motion believes that 1 day the suspension period with respect to commerce of applicant’s existing Lawton, Humble’s rate filing and such request is a formal hearing is required, further denied. Ada, and McAlister Systems in Okla­ notice of such hearing will be duly given. All of the producers’ proposed increased homa which will be subject to the juris­ diction of the Commission after those Under the procedure herein provided rates and charges exceed the applicable area for, unless otherwise advised, it will be price levels for increased rates as set forth presently intrastate systems are con­ nected to the pipeline proposed. unnecessary for applicant to appear or in the Commission’s statement of general be represented at the hearing. policy No. 61-1, as amended (18 CFR 2.56). The total estimated cost of the pro­ [F.R^ Doc. 70-5997; Filed, May 15, 1970; posed facilities is $105,085,460, which will G ordon M . G rant, 8:45 a.m.] be financed by short-term loans to be Secretary. converted to long-term debt in due [F.R. Doc. 70-6064; Filed, May 15, 1970; course. [Docket No. CP70-267] 8:49 a.m.] Any person desiring to be heard or to ARKANSAS LOUISIANA GAS CO. make any protest with reference to said application should on or before June 2, [Docket No. RI66-335] Notice of Application 1970, file with the Federal Power Com­ ASHLAND OIL & REFINING CO. M ay 11, 1970. mission, Washington, D.C, 20426, a peti­ Take notice that on May 4, 197 tion to intervene or a protest in accord­ Order Accepting Decreased Rate Fil­ Arkansas Louisiana Gas Co. (applicant! ance with the requirements of the Com­ ings Subject to Refund in Exisiting Post Office Box 1734, Shreveport, L; mission’s rules of practice and procedure Rate Suspension Proceeding 71102, filed in Docket No. CP70-267 a (18 CFR 1.8 or 1.10) and the regulations application pursuant to section 7(c) ( under the Natural Gas Act (18 CFR M ay 7, 1970. the Natural Gas Act authorizing the cor 157.10). All protests filed with the Com­ Ashland Oil & Refining Co. (Ashland) mission will be considered by it in de­ struction during 1970-74, and operatio on April 10,1970, submitted two proposed termining the appropriate action to be rate decreases from 11.7526 cents to

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7674 NOTICES

11.4780 cents (Rate Schedule No. 117) Phillips-Mich.-Wis. contract. The cur­ in effect subject to refund. In these cir­ and 11.0182 cents to 10.7607 cents (Rate rent base and resale rates under the cumstances, we conclude that it would be Schedule No. 118) for sales to Phillips Phillips-Mich.-Wis. contract changed on in the public interest to waive the 30- Petroleum Co. (Phillips) from the Hugo- August 1, 1969, resulting in a reduced day notice requirement and accept for ton Field, Sherman and Hansford Coun­ factor in the Ashland formula. Phillips filing Ashland’s proposed decreased rates ties, Tex. (Railroad District No. 10). The filed a notice of change which was sus­ to become effective as of January 1,1970, proposed decreases reflect a change in pended until January 1, 1970, and then the proposed effective date, subject to Phillips’ resale rates used in the formula placed into effect subject to refund. Ash­ the existing rate proceeding in Docket to compute Ashland’s rates and the land is requesting that its rate decreases No. RI66-335. recent change in Texas taxes.1 Ashland’s be made effective retroactive to Jan­ The Commission finds: Good cause base rates are adjusted by a factor which uary 1, 1970. exists for accepting for filing Ashland’s is derived by dividing Phillips’ resale rate Ashland’s proposed rate decrease con­ proposed rate decreases, as set forth in to Michigan Wisconsin Pipe Line Co. tained in Supplement No. 6 to its FPC Appendix A hereof, effective as of Janu­ Gas Rate Schedule No. 117 exceeds the ary 1, 1970, subject to refund in the ex­ (Mich.-Wis.) by the base rate under the area increased rate ceiling for Texas isting rate suspension proceeding in Railroad District No. 10, as did the pre­ Docket No. RI66-335. 1 Previous notices of change to reflect the viously suspended rate in said docket. The Commission orders : The proposed increase in tax reimbursement were desig­ Even though Ashland’s proposed rate rate decreases contained in Appendix A nated as Supplement Nos. 5 and 4 to Ash­ decrease contained in Supplement No. 5 hereof, are accepted for filing and per­ land’s FPC Gas Rate Schedule Nos. 117 and 118, respectively, and made effective subject to Ashland’s FPC Gas Rate Schedule No. mitted to become effective as of Janu­ to refund Oct. 1, 1969. Phillips protested the 118 does not exceed the 11.0 cents per ary 1, 1970, subject to refund in the filings on grounds of misinterpretation of Mcf increased rate ceiling for Texas existing rate suspension proceeding in their rates used in computing Ashland’s rates Railroad District No. 10 as announced Docket No. RI66-335. and has not made payment of the rates in in the Commission’s statement of gen­ Supplement Nos. 5 and 4. Ashland has con­ By the Commission. currently filed a notice of withdrawal of eral policy No. 61-1, as amended, it is [sea l] G ordon M. G rant, those rates. based on Phillips’ resale rates which are Secretary. Appendix a

Cents per Mcf Rate in Supple­ Effec­ effect Docket Respondent sched­ ment Purchaser and producing area ' of filing tive Rate Proposed subject to No. ule No. ' annual tendered date in decreased refund in No. decrease - effect rate dockets Nos.

R I66-335.. . Ashland Oil & Refining Co., 117 6 Phillips Petroleum Co.2 (Hugo­ $2,732 4-10-70 8 1-1-70 Accepted 11.7526 88 « 11.4780 RI66-335. Post Office Box 18695, ton Field, Hansford and Sher­ subject to Oklahoma City, Okla. man Counties, Tex.) (R R . refund in 73118. District No. 10). R I66-335 ...... do...... - ...... -...... 118 5 ____do2...... 366 4-10-70 81-1-70 Accepted 11.0182 * 88 10. 7607 RI66-335. subject to refund in RI66-335

a Phillips resells residue gas to Michigan Wisconsin Pipe Line Co. under its FPC 8 Pressure base is 14.66 p.s.i.a. Gas Rate Schedule No. 4, at a rate of 16.22 cents which is being collected subject 8 Formula used to compute Ashland’s contract rate: Phillips’ resale rate to Mich.- to refund. Wis., base rate under Phillips-Mich.-Wis., contract X base rate under Phillips-Ash- 8 The stated effective date is the date Phillips placed its resale rate into effect in land contract; plus tax reimbursement. Rate under Rate Schedule No. 118 includes Docket No. RI70-28. sour gas deduction of 0.04466 cent. * Tax reimbursement—Spiral escalation increase. [F.R. Doc. 70-6034; Filed, May 15,1970; 8:46 a.m.]

[Project No. 2708] [Docket No. CP70-259] Commission further concluded that ap­ DELTA GAS, INC. plicant’s sales to Plaquemines are sales CONNECTICUT LIGHT AND POWER for resale in interstate commerce and CO. ET AL. Notice of Application are therefore jurisdictional. The appli­ Notice of Application for Preliminary cation states that it requests authority M ay 7, 1970. to continue both the sale of natural gas Permit for Unconstructed Project; Take notice that on April 27, 1970, for resale on its North System pipeline Correction Delta Gas, Inc. (applicant), Highway 31, and the interstate transportation of nat­ M ay 5, 1970. Buras, La. 70014, filed in Docket No. ural gas on its North System pipeline. The Connecticut Light and Power Co., CP70-259 an application pursuant to Any person desiring to be heard or to The Hartford Electric Light Co., and section 7(c) of the Natural Gas Act for make any protest with reference to said Western Massachusetts Electric Co., a certificate of public convenience and Application should on or before June 1, Project No. 2708. necessity authorizing the continued sale 1970, file with the Federal Power Com­ In the notice of application for pre­ for resale, and transportation, of natural mission, Washington, D.C. 20426, a peti­ liminary permit for unconstructed proj­ gas in interstate commerce, all as more tion to intervene or a protest in accord­ ect, issued April 10, 1970, and published fully set forth in the application which ance with the requirements of the is on file with the Commission and open in the F ederal R eg ister April 16, 1970 Commission’s rules of practice and proce­ (35 F.R. 6218), first paragraph: Change to public inspection. ' In its Opinion No. 572 the Commission dure (18 CFR 1.8 or 1.10) and the the last word in the paragraph “Massa­ regulations under the Natural Gas Act chusetts,” to “Connecticut,” so that the found that because the gas purchased by last lines should read “Wangum Lake applicant from Shell Oil Co., Phillips (18 CFR 157.10). All protests filed with Brook, in the town of Canaan, in Litch­ Petroleum Co., and Plaquemines Oil and the Commission will be considered by it field County, Conn.” Gas Co., Inc. (Plaquemines), is trans­ in determining the appropriate action to ported on its North System in a com­ be taken but will not serve to make the G ordon M. G rant, mingled stream with gas sold by Plaque­ Secretary. mines to Tennessee Gas Pipeline Co., a Protestants parties to the proceeding. [F.R. Doc. 70-6065; Filed, May 15, 1970; division of Tenneco Inc., such transpor­ Any person wishing to become a party to 8:49 a.m.] tation by applicant is jurisdictional. The a proceeding or to participate as a party

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 NOTICES 7675

in any hearing therein must file a peti­ (18 CFR 157.10) . All protests filed, with with the Commission will be considered tion to intervene in accordance with the the Commission will be considered by it by it in determining the appropriate Commission’s rules. in determining the appropriate action to action to be taken but will not serve to Take further notice that, pursuant to be taken but will not serve to make the make the protestants parties to the pro­ the authority contained in and subject to Protestants parties to the proceeding. ceeding. Any person wishing to become the jurisdiction conferred upon the Fed­ Any person wishing to become a party to a party to a proceeding or to participate eral Power Commission by sections 7 and a proceeding or to participate as a party as a party in any hearing therein must 15 of the Natural Gas Act and the Com­ in any hearing therein must file a peti­ file a petition to intervene in accord­ mission’s rules of practice and proce­ tion to intervene in accordance with the ance with the Commission’s rules. dure, a hearing will be held without fur­ Commission’s rules. G o rd o n M . G r a n t , ther notice before the Commission on G o rd o n M . G r a n t , Secretary. this application if no petition to inter­ Secretary. vene is filed within the time required [F.R. Doc. 70-6067; Filed, May 15, 1970; herein, if the Commission on its own re­ [F.R. Doc. 70-6066; Filed, May 15, 1970; 8:49 a.m.] 8:49 a.m.] view of the matter finds that a grant of the certificate is required by the public [Project No. 2342] „ convenience and necessity. If a petition [Docket No. CP70-268] for leave to intervene is timely filed, or if PACIFIC POWER & LIGHT CO. NORTHWESTERN PUBLIC SERVICE CO. the Commission on its own motion be- _ Notice of Application for Approval of lieves that a formal hearing is required, AND NORTHERN NATURAL GAS CO. further notice of such hearing will be Exhibit R (Recreation Use Plan) for duly given. Notice of Application Constructed Project Under the procedure herein provided M a y 11, 1970. May 11, 1970. for, unless otherwise advised, it will be Take notice that on May 5, 1970, Public notice is hereby given that ap­ unnecessary for applicant to appear or Northwestern Public Service Co. (appli­ plication for approval of Exhibit R has be represented at the hearing. cant) , 400 Northwestern National Bank been filed under the regulations under Building, Huron, S. Dak. 57350, filed in G o r d o n M . G r a n t , the Federal Power Act (16 U.S.C. 791a- Secretary. Docket No. CP70-268 an application pur­ 825r) by Pacific Power & Light Co. (cor­ suant to section 7(a) of the Natural Gas respondence to: George L. Beard, Senior [F.R. Doc. 70-6030; Piled, May 15, 1970; Act for an order of the Commission di­ 8:46 a.m.] Vice President, Pacific Power & Light Co., recting Northern Natural Gas Co. (re­ Public Service Building, Portland, Oreg. spondent) to extend its transportation 97204) as part of the license for the con­ [Docket No. CP70—158] facilities, establish physical connection structed Condit Project No. 2342, located of its transportation facilities with the MISSISSIPPI RIVER TRANSMISSION on White Salmon River, a tributary of facilities proposed to be constructed by the Columbia River, in Skamania and CORP. applicant, and sell and deliver to appli­ Klickitat Counties, Wash., in the vicinity Notice of Petition To Amend cant natural gas for resale, all as more of White Salmon, Bingen, and Steven­ fully set forth in the application which son, Wash., and Hood River and The May 11,1970. is on file with the Commission and open Dalles, Oreg. to public inspection. Take notice that on May 5, 1970, The project’s 97-acre reservoir, known Mississippi River Transmission Corp. Applicant proposes that respondent be as Northwestern Lake, is the focus of the (applicant), 9900 Clayton Road, St. directed to construct approximately 65 following recreational activities and Louis, Mo. 63124, filed in Docket No. miles of pipeline from its existing facil­ uses: (1) A wooded 3-acre area, known CP70-158 a petition to amend the order ities near Huron, S. Dak., to a point as Condit Park, located on the west bank of the Commission issued on March 20, near Highmore, S. Dak., and there to about 1% miles upstream from Condit 1970, to authorize the construction and interconnect with facilities to be con­ Dam, provides a parking area, picnic operation of an additional 5.4 miles of structed by applicant near Fort Pierce, tables, fireplaces, spring water, sanitary pipeline loop, all as more fully set forth S. Dak. Applicant further proposes that facilities, a boat house, boat launching in the petition to amend which is on file respondent construct four lateral lines ramp and a wharf, and fishing and boat­ with the Commission and open to public totaling approximately 4 miles, from ing supplies, rental boats and motors are inspection. said 65-mile pipeline to connect with available; (2) licensee administers 72 town border stations at Wolsey, Wessing- permits to individuals for cabin sites on Applicant was authorized by the afore­ ton, St. Lawrence, and Miller, and Ree mentioned order, inter alia, to construct or near the Lake, of which 58 sites have Heights. Gas service to other South Da­ dwellings—34 of which are within the and operate approximately 59.3 miles of kota communities of Highmore,'‘Harrold, 26-inch pipeline loop on its main line project boundary: and (3) future recrea­ Blunt, Pierce, and Fort Pierce will be tion areas for public use include develop­ system between Perryville, La,, and Co­ furnished from the aforesaid gas line to lumbia, HI. Applicant states that added ment of a 4 acre tract about 1 mile up­ be constructed by applicant. The esti­ stream from Condit Dam on the east loop sections totaling 5.4 miles of 26- mated third year peak day and annual mch loopline will eliminate a capacity bank and a 4-acre tract about one-third natural gas requirements of applicant mile upstream from Condit Dam on the bottleneck between the two points and are 7,736 Mcf and 1,149,333 Mcf, thus permit applicant to maintain full east bank where picnicking and small respectively. boat launching will be available. system deliverability. The total estimated cost of the pro­ The estimated total cost of the addi- posed facilities to be constructed by ap­ Any person desiring to be heard or to txonal loop sections will increase the cost plicant is $2,499,623, which will be make any protest with reference to said Pr°POsed in this docket by financed from cash on hand and short­ application should on or before July 1, i ' 6M 00‘ bringing the total estimated cost term borrowings or the issuance of first 1970, file with the Federal Power Com­ to $10,860,000. mortgage bonds, or some combination of mission, Washington, D.C. 20426, peti­ Any person desiring to be heard or to same. tions to intervene or protests in accord­ ance with the requirements of the Com­ make any protest with reference to said Any person desiring to be heard or to .sbould on or before June 2, mission’s rules of practice and procedure make any protest with reference to said (18 CFR 1.8 or 1.10). All protests filed <0, file with the. Federal Power Com­ application should on or before June 2, mission Washington, D.C. 20426, a peti­ with the Commission will be considered 1970, file with the Federal Power Com­ by it in determining the appropriate ac­ ot«« ™ ervene or a protest in accord­ mission, Washington, D.C. 20426, a peti­ ance with the requirements of the tion to intervene or a protest in accord­ tion to be taken but will not serve to o*0n s rules °f practice and proce- ance with the requirements of the Com­ make the protestants parties to the pro­ CFR 1.8 or 1.10) and the mission’s rules of practice and procedure ceeding. Persons wishing to become par­ egulations under the Natural Gas Act (18 CFR 1.8 or 1.10). All protests filed ties to a proceeding or to participate as a

FEDERAL REGISTER, VOL, 35, NO. 96— SATURDAY, MAY 16, 1970 7676 NOTICES party in any hearing therein must file In its Opinion No. 572 the Commis­ of return upon which surplus earnings of petitions to intervene in accordance with sion found that such sales by applicant the project would be based and upon the Commission’s rules. The application to Delta and Tennessee were subject to which amortization reserves would be is on file with the Commission and avail­ its jurisdiction. The application states established and maintained under the able for public inspection. that it is filed in pursuance of a directive provisions of section 10(d) of the Fed­ of the Commission to apply for a certifi­ eral Power Act. Licensee seeks to have G ordon M. G rant, cate of public convenience and neces­ the rate of return related to the Com­ Secretary. sity authorizing applicant to continue its pany’s weighted average annual em­ [F.R. Doc. 70-6068; Filed, May 15, 1970; sales of natural gas. bedded long term debt cost rate’ times 8:49 a.m.] Any person desiring to be heard or to one and one-half, or 6 percent, which­ make any protest with reference to said ever is greater. This formula is proposed [Docket No. G—3491, etc.] application should on or before June 1, to be substituted for the straight 6 per­ 1970, file with the Federal Power Com­ cent rate of return provision presently PHILLIPS PETROLEUM CO. ET AL. mission, Washington, D.C. 20426, a specified in Article 24. petition to intervene or a protest in ac­ Any person desiring to be heard or to Findings and Order; Correction cordance with the requirements of the make any protest with reference to said A pril 29, 1970. Commission’s rules of practice and pro­ application should on or before July 1, Phillips Petroleum Co. and other ap­ cedure (18 CFR 1.8 or 1.10) and the regu­ 1970, file with the Federal Power Com­ plicants listed herein, Docket No. G-3491 lations under the Natural Gas Act (18 mission, Washington, D.C. 20426, peti­ et ai.; Texaco, Inc., Docket No. G-16287. CFR 157.10). All protests filed with the tions to intervene or protests in accord­ Commission will be considered by it in ance with the requirements of the Com­ In the findings and order after statu­ determining the appropriate action to be mission’s rules of practice and procedure tory hearing issuing certificates of pub­ taken but will not serve to make the (18 CFR 1.8 or 1.10). All protests filed lic convenience and necessity, amending protestants parties to the proceed­ with the Commission will be considered orders issuing certificates, permitting and ing. Any person' wishing to become a by it in determining the appropriate ac­ approving abandonment of service, ter­ party to a proceeding or to participate as tion to be taken but will not serve to minating certificates, making successors a party in any hearing therein must file make the protestants parties to the co-respondents, redesignating proceed­ a petition to intervene in accordance proceeding. Persons wishing to become ings, requiring filing of agreements and •with the Commission’s rules. parties to a proceeding or to participate undertakings, accepting agreement and Take further notice that, pursuant to as a party in any hearing therein must undertakings for filing, and accepting the authority contained in and subject file petitions to intervene in accordance related rate schedules and supplements to the jurisdiction conferred upon the with the Commission’s rules. The appli­ for filing, issued March 27, 1970, and Federal Power Commission by sections 7 cation is on file with the Commission published in the F ederal R egister and 15 of the Natural Gas Act and the and available for public inspection. April 8, 1970 (35 F.R. 5748), Docket No. Commission’s rules of practice and pro­ G-16287, FPC Rate Schedule to be ac­ G ordon M. G rant, cedure, a hearing will be held without Secretary. cepted, Description and Date of Docu­ further notice before the Commission on ment: Change the descriptions this application if no petition to inter­ [F.R. Doe. 70-6032; Filed, May 15, 1970; Supplemental Agreement, 3-9-59.« vene is filed within the time required 8:46 a.m.] Supplemental Agreement, 12-3-59.2 7 herein, if the Commission on its own re­ to read view of the matter finds that a grant [Docket No. RI70-1591] of the certificate is required by the public Supplemental Agreement, 3-9-59.« «° convenience and necessity. If a peti­ SIGNAL OIL AND GAS CO. ET AL. Supplemental Agreement, 12-3-59.7 70 tion for leave to intervene is timely filed, Order Providing for Hearing on and Delete from footnote 6 and add to foot­ or if the Commission on its own motion Suspension of Proposed Change in note 7, “Sale being rendered without believes that a formal hearing is re­ prior Commission authorization.” quired, further notice of such hearing Rate, and Allowing Rate Change Add footnote “6a Effective date: 9-26- will be duly given. To Become Effective Subject to 58. ” Under the procedure herein provided Refund Add footnote “7a Effective date: 12-3- for, unless otherwise advised, it will be May 7,1970. unnecessary for applicant tor appear or Respondent named herein has filed a 59. ” be represented at the hearing. G ordon M. G rant, proposed change in rate and charge of Secretary. G ordon M. G rant, a currently effective rate schedule for Commis­ [F.R. Doc. 70-6069; Filed, May 15, 1970; Secretary. the sale of natural gas under 8:49 a.m.] [F.R. Doc. 70-6031; Filed, May 15, 1970; sion jurisdiction, as set forth in Appendix 8:46 a.m.] A hereof. The proposed changed rate and charge [Docket No. CP70-260] may be unjust, unreasonable, unduly [Project No. 2150] PLAQUEMINES OIL AND GAS CO., discriminatory, or preferential, or other­ PUGET SOUND POWER & LIGHT CO. wise unlawful. # INC. The Commission finds: It is in the Notice of Application Notice of Application for Amendment public interest and consistent with the of License for Constructed Project Natural Gas Act that the Commission M ay 7, 1970. enter upon a hearing regarding the law­ Take notice that on April 27, 1970, M ay 7, 1970. fulness of the proposed change, and that Plaquemines Oil and Gas Co., Inc. (Ap­ Public notice is hereby given that ap­ the supplement herein be suspended and plicant), Highway 31, Buras, La. 70014, plication for amendment of license has its use be deferred as ordered below. filed in Docket No. CP70-260 in appli­ been filed under the Federal Power Act The Commission orders: cation pursuant to section 7(c) of the (16 U.S.C. 791a^825r) by Puget Sound (A) Under the Natural Gas Act, par­ Natural Gas Act for a certificate of pub­ Power & Light Co. (correspondence to: ticularly sections 4 and 15, the regula­ lic convenience and necessity authori­ L. E. Karrer, Senior Vice President, tions pertaining thereto (18 CFR Ch. I) . zing Applicant to continue its sales of Puget Sound Power & Light Co., Puget and the Commission’s rules of practice natural gas to Delta Gas, Inc. (Delta) Power Building, Bellevue, Washington and procedure, a public hearing shall be and Tennessee Gas Pipeline Co., a divi­ 98004) for constructed Project No. 2150, held concerning the lawfulness of the sion of Tenneco, Inc. (Tennessee) for re­ known as the Baker River Project, lo­ proposed change. sale in interstate commerce, all as more cated on the Baker River in Whatcom (B) Pending hearing and decision fully set forth in the application which and Skagit Counties, Wash. thereon, the rate supplement herein is is on file with the Commission and open The application seeks to amend license suspended and its use deferred until date to public inspection. Article 24 to specify a more flexible rate shown in the “Date Suspended Until

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 NOTICES 7677 column, and thereafter until made ef­ showing service of a copy thereof upon (C) Until otherwise ordered by the fective as prescribed by the Natural Gas the purchaser under the rate schedule in­ Commission, neither the suspended sup­ Act: Provided, however, That the sup­ volved. Unless respondent is advised to plement, nor the rate schedule sought to plement to the rate schedule filed by re­ the contrary within 15 days after the be altered, shall be changed until dispo­ spondent shall become effective subject filing of its agreement and undertaking, sition of this proceeding or expiration of to refund on the date and in the manner such agreement and undertaking shall the suspension period. herein prescribed if within 20 days from be deemed to have been accepted.1 (D) - Notices of intervention or peti­ the date of the issuance of this order re­ tions to intervene may be filed with the spondent shall execute and file under its 1 If an acceptable general undertaking, as Federal Power Commission, Washington, above-designated docket number with provided in Order No. 377, has previously D.C. 20426, in accordance with the rules the Secretary of the Commission its been filed by a producer, then it will not be necessary for that producer to file an agree­ of practice and procedure (18 CFR 1.8 agreement and undertaking to comply and 1.37(f)) on or before June 24, 1970. with the refunding and reporting pro­ ment and undertaking as provided herein. In such circumstances the producer’s pro­ By the Commission. cedure required by the Natural Gas Act posed increased rate'will become effective as and § 154.102 of the regulations there­ of the expiration of the suspension period [seal] G ordon M. G rant, under, accompanied by a certificate without any further action by the producer. Secretary.

Appendix A

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

BI70-1591-.. Signal Oil & Gas Co. (Operator) 20 2 Sea Robin Pipeline Co. (Blocks $22,800 4-14-70 * 5-15-70 «5-16-70 « 3« 18.5 4 « « 20.0 et al., 1010 Wilshire Blvd., Los 194,196, 204, and 205, East Angeles, Calif. 90017. Cameron Area) (Offshore Louisiana).

s The stated effective date is the first day after expiration of the statutory notice 8 Subject to quality adjustments. period, or date of initial delivery, whichever is later. » Area base rate for third vintage gas well gas as established in Opinion No. 546. 3 The suspension period is limited to 1 day. 8 Conditional initial rate for gas well gas pursuant to temporary certificate issued 4 Filed pursuant to Paragraph (A) of Opinion No. 546-Aj Aug. 1, 1969, in Docket No. CI69-949. 4 Pressure base is 15.025 p.s.i.a. Signal Oil and Gas Co.’s (Operator) et al., approximately $173,000 based on opera­ (Signal) proposed increase involves the sale tions for the 12-month period ended FEDERAL RESERVE SYSTEM of third vintage gas well gas from offshore December 31,1969. Louisiana, and was filed pursuant to the FIRST ARKANSAS BANKSTOCK CORP. Commission’s order issued March 20, 1969, in Valley Gas states that the reason for Opinion No. 546-A. Consistent with prior the proposed increase rate results from Modified Order for Oral Presentation Commission action on similar rate increases, the increased cost of purchase gas, wages, we conclude that Signal’s proposed rate in­ supplies, an d . operating expenses, and On April 21, 1970 the Board of Gov­ crease should be suspended for 1 day from will result in an earned rate-of-return ernors of the Federal Reserve System the date of expiration of the statutory notice of 6.5 percent. The company requests that ordered (35 F.R. 6622) a public oral period, or 1 day from the date of initial the tendered tariff sheet be permitted delivery, whichever is later. Thereafter, the presentation before the Board on May 21, proposed rate may be placed in effect sub­ to go into effect without suspension. 1970, at the Board’s offices in Washing­ ject to refund under the provisions of section Copies of the filing were served on Ten­ ton, D.C., with respect to the applica­ 4(e) of the Natural Gas Act pending the nessee Gas Transmission Co., and inter­ tion of First Arkansas Bankstock Corp., outcome of the Area Rate Proceeding insti­ ested State commissions. Little Rock, Ark., to become a bank hold­ tuted in Docket No. AR69-1. Any person desiring to be heard or ing company through the acquisition of [F.R. Doc. 70-6035; Piled, May 15, 1970; make any protest with refefence to said 80 percent or more of the voting shares 8:46 a.m.] filing should on or before May 27, 1970, of Arkansas First National Bank of Hot file with the Federal Power Commission, Springs, Hot Springs, Ark. Applicant Washington, D.C. 20426, petitions to in­ presently owns 99.34 percent of the out­ [Docket No. RP70—32] tervene or protests in accordance with standing voting shares of Worthen Bank VALLEY GAS TRANSMISSION, INC. the requirements of the Commission’s and Trust Co., Little Rock, Ark. rules of practice and procedure (18 CFR, On further consideration of the in­ Notice of Proposed Change in Rates 1.8 or 1.10). All protests filed with the terest shown in this matter, the Board and Charges Commission will be considered by it in has determined that the convenience of determining the appropriate action to be witnesses and other interested persons M ay 7, 1970. taken but will not serve to make the pro­ would best be served by a change in the Notice is hereby given that Valley Gas tectants parties to the proceeding. Per­ location and date of the scheduled oral transmission, Inc. (Valley Gas), on sons wishing to become parties to a pro­ presentation. Accordingly— April 30, 1970, filed a proposed change ceeding or to participate as a party in It is hereby ordered, That pursuant to in its FPC Gas Tariff, Original Volume any hearing herein must file petitions to § 262.3(f) (3) of the Board’s rules of pro­ \™ effective as of June 15,1970. intervene in accordance with the Com­ cedure (12 CFR 262.3(f) (3 )), the public , ® tender, Second Revised Sheet No. mission’s rules. The tender is on file with oral presentation on the said application ¿-A would increase the level of rate from the Commission and is available for pub­ be held at the Little Rock Branch of the 18 cents per Mcf to 19 cents for gas de­ lic inspection. Federal Reserve Bank of St. Louis, 325 livered to Tennessee Gas Transmission G ordon M. G rant, West Capitol Avenue, Little Rock, Ark. Secretary. Co. under Rate Schedule No. 1 and 72203, commencing at 9:30 a.m. on [F Jt. Doc. 70-6033; Filed, May 15, 1970; June 26, 1970, on the third floor . would increase jurisdictional reVenues by 8:46 a.m.] It is further ordered, That any person

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7678 NOTICES desiring to present comments and views [Federal Property Management Regs.; Temp. sued a notice of and order for hearing on at the June 26 oral presentation should Regulation F-70] such application (Investment Company file with the Secretary, Board of Gover­ SECRETARY OF DEFENSE Act Release No. 6021), which provided, nors of the Federal Reserve System, among other things, that a hearing on Washington, D.C. 20551, no later than Delegation of Authority the aforesaid application be held on May 11, 1970 and directed'Baldwin to June 5, 1970, written notice of intent to 1. Purpose. This regulation delegates appear at the oral presentation in Little cause a copy of such notice and order to authority to the Secretary of Defense to be mailed to each of the stockholders of Rock, such written notice to contain a represent the customer interest of the brief summary of the statement which Baldwin and Beco at least 21 days prior Federal Government in a natural gas to the date (May 11, 1970) set for the will be presented at the oral presenta­ service rate proceeding. tion, and the name of the person who hearing. proposes to appear. Persons who file 2. Effective date. This regulation is ef­ Baldwin has not effected the mailing notices of intent to appear will be ad­ fective immediately. of the notice and order issued by the vised of the time alloted for such appear­ 3. Delegation, a. Pursuant to the au­ Commission on April 7, 1970, and has ances. thority vested in me by the Federal Prop­ requested that a hearing on the applica­ erty and Administrative Services Act of tion be rescheduled. By order of the Board of Governors, 1949, 63 Stat: 377, as amended, particu­ The Commission having considered the May 8,1970. larly sections 201(a) (4) and 205(d) (40 request of Baldwin and deeming it ap­ [ s e a l ] K e n n e t h -A . K e n y o n , U.S.C. 481(a) (4) and 486(d) ), authority propriate in the public interest and in the Deputy Secretary. is delegated to the Secretary of Defense interest of investors to rescind the pre­ to represent the interests of the execu­ vious order for hearing in this matter [F.R. Doc. 70-6037; Filed, May 15, 1970; tive agencies of the Federal Government 8:46 a.m.] and to issue a further notice of and order before the Public Utilities Commission of for hearing on the application hereto­ the State of California in a proceeding fore filed by Baldwin. (Application No. 51529) involving nat­ It is ordered, That the Commission’s ural gas service rates of Southwest Gas notice of and order for hearing in this GENERAL SERVICES Corp. matter (Investment Company Act Re­ b. The Secretary of Defense may re­ lease No. 6021) issued on April 7, 1970, ADMINISTRATION delegate this authority to any officer, offi­ is rescinded. [Federal Property Management Reg.; Temp. cial, or employee of the Department of Notice is hereby given that Baldwin Reg. F-69] Defense. has filed an application (1) pursuant to c. This authority shall be exercised in section 17(b) of the Act for an order ex­ SECRETARY OF DEFENSE accordance with the policies, procedures, empting from the provisions of section Delegation of Authority and controls prescribed by the General 17(a) of the Act certain transactions in­ Services Administration, and further, cident to the proposed merger of Baldwin 1. Purpose. This regulation delegates shall be exercised in cooperation with and Beco, and (2) pursuant to section authority to the Secretary of Defense to the responsible officers, officials, and em­ 6(c) of the Act for an order exempting represent the customer interest of the ployees thereof. from the provisions of section 23(b) the Federal Government in an electric and Dated: May 11, 1970. proposed issuance by Baldwin of com­ gas service rate proceeding. mon stock in connection with the merger, 2. Effective date. This regulation is R od K r e g e r , to the extent that such issuance may effective immediately. Acting Administrator constitute a sale by Baldwin of common 3. Delegation, a. Pursuant to the au­ of General Services. stock below the current net asset value thority vested in me by the Federal [F.R. Doc. 70-6038; Filed, May 15, 1970; thereof. All interested persons are re­ Property and Administrative Services 8:46 a.m.] ferred to the application, which is on file Act of 1949, 63 Stat. 377, as amended, with the Commission, for a statement of particularly sections 201(a)(4) and 205 the representations therein, which are (d) (40 U.S.C. 481(a)(4) and 486(d)), summarized below. authority is delegated to the Secretary SECURITIES AND EXCHANGE At December 31, 1968, Baldwin ow ned of Defense to represent the interests of 344,120 shares (54.3 percent) of th e out­ the executive agencies of the Federal COMMISSION standing common stock of Beco. B a ld w in Government before the New Jersey and Beco, therefore, are each an affiliated Board of Public Utility Commissioners [812-2505] person of the other under section 2(a) in a proceeding (Docket No. 703-105) BALDWIN SECURITIES CORP. (3) of the Act. involving electric and gas service rates On December 31, 1969, Baldwin, a of the Public Service Electric & Gas Co. Notice of and Order Rescinding Prior Delaware corporation which, as n o ted (New Jersey). Order and for Hearing on Applica- above, is a registered closed-end in v e s t­ b. The Secretary of Defense may re­ - + tion for Order Exempting Trans­ ment company, had issued and o u ts ta n d ­ delegate this authority to any officer, actions Between Affiliates ing 2,896,208 shares of common stock official, or employee of the Department which are listed on the American S to ck of Defense. M a y 7, 1970. Exchange. c. This authority shall be exercised in Baldwin Securities Corp. (Baldwin), Beco, the successor by merger to B e s t accordance with the policies, procedures, 595 Madison Avenue, New York, N.Y. & Co., is a Delaware corporation w h ich is and controls prescribed by the General 10022, registered as a closed-end, non- engaged in the operation of w o m en ’s, Services Administration, and further, diversified investment company under girls’, and children’s retail apparel and shall be exercised in cooperation with the Investment Company Act of 1940 specialty stores. Beco also owns a su b ­ the responsible officers, officials, and em­ (the Act) has filed an application pur­ stantial amount of U.S. Government se­ ployees thereof. suant to sections 6(c) and 17(b) of the curities as well as investment securities Act for exemptions from certain provi­ Dated: May 11,1970. as defined in section 3(a) (3) of the A ct. sions of the Act of various transactions At October 31, 1968, Beoo’s assets o n a ' y -— • R od K r e g e r , incident to a proposed merger of Bald­ consolidated basis totaled $20,632,082. Ol Acting Administrator win and Beco Industries Corp. (Beco), an this amount $12,858,233 consisted of ca sh of General Services. affiliated person of, and a company pre­ or cash equivalents and $1,224,475 re p ­ [F.R. Doc. 70-6039; Filed, May 15, 1970; sumptively controlled by, Baldwin. resented the cost of its investment m 8:46 a.m.] On April 7, 1970, the Commission is­ 70,000 shares of capital stock of K e n to n

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 NOTICES 7679

Corp. (market value at such date $2,- Commission thereunder be held on the of Baldwin and Beco at each stockhold­ 791,250). At January 31, 1969, Beco had 23d day of June 1970 at 10 a.m. in the er’s last known address prior to June 3, issued and outstanding 633,661 shares of offices of the Commission, 500 North 1970. common stock which are listed on the Capitol Street NW., Washington, D.C. It is further ordered, That the Secre­ American Stock Exchange. 20549. At such time the Hearing Room tary of the Commission shall give notice In general, the proposed merger pro?- Clerk will advise as to the room in which of the aforesaid hearing by mailing a vides for the following: such hearing will be held. Any person de­ copy of this notice and order by certified 1. On the effective date of the merger, siring to be heard or otherwise wishing to mail to Baldwin and Beco and that notice Beco will be merged into Baldwin, the participate in this proceeding or pro­ to all other persons be given by publica­ surviving company, and Baldwin will pos­ posing to intervene therein shall file with tion pf this notice and order in the F ed­ sess all of the assets of the constituent the Secretary of the Commission his ap­ eral R eg ister , and that a general release companies and their debts and liabilities plication as provided by Rule 9(c) of the of this Commission in respect of this no­ will attach to Baldwin. Commission’s rules of practice, on or be­ tice and order be distributed to the press 2. Each issued share of common stock fore the date provided in said rule, set­ and mailed to the mailing list for release. of Baldwin will continue as one share of ting forth any issues of law or fact which common stock of Baldwin. he desires to controvert or any additional By the Commission. 3. Each share of Beco common stock issues which he deems raised by this [ sea l] O rval L. D uB o is , outstanding (except, as noted below, notice and order or by such application. Secretary. shares held by Baldwin) will be con­ A copy of such application shall be served verted into 3.9 shares of the common personally or by mail (airmail if the [P.R. Doc. 70-6044; Filed, May 15, 1970; stock of Baldwin. All shares of Beco com­ person being served is located more than 8:47 a.m.] mon stock held in its treasury and all 500 miles from the point of mailing) shares of either constituent corporation upon Baldwin at the address noted above, [70—4831] held by the other constituent corporation and proof of service (by affidavit, or in will be surrendered to Baldwin for can­ case of an attorney at law, by certificate) COLUMBIA GAS SYSTEM, INC., AND cellation, and no securities of Baldwin shall be filed contemporaneously with the NUGASCO, INC. will be issued or issuable with respect request. thereto, except that persons entitled It is further ordered, That any officer Notice of Filing and Order for Hearing after the effective date to receive shares or officers of the Commission designated Regarding Proposed Acquisition of of common stock of Beco under the lat­ by it for that purpose, shall preside at Common Stock of Nonassociate ter’s Deferred Contingent Compensation said hearing. The officer so designated is Public-Utility Company in Ex­ Plan will have issued to them, at the hereby authorized to exercise all the change for Common Stock of Regis­ times specified in such plan, 3.9 shares of powers granted to the Commission under tered Holding Company Baldwin’s common stock in lieu of each sections 41 and 42(b) of the Investment share of Beco common stock which they Company Act of 1940 and to a hearing M ay 6, 1970. may become entitled to receive under officer under the Commission’s rules of Notice is hereby given that The Colum­ that plan. ‘ practice. bia Gas System, Inc. (“Columbia”), a 4. A holder of a certificate for shares The Division of Corporate Regulation registered holding company, and its of Beco common stock may surrender having advised the Commission that it newly-organized, wholly owned subsid­ the samé properly executed in exchange has made a preliminary examination of iary company, Nugasco, Inc. (“Nu- for a certificate representing the number the application, and that upon the basis gasco”) , 120 East 41st Street, New York, of full shares of Baldwin’s common stock thereof, the following matters are pre­ N.Y. 10017, have filed an application- to which such holder will be entitled. sented for consideration without preju­ declaration with this Commission pursu­ Until so surrendered such certificate dice to its specifying additional matters ant to the Public Utility Holding Com­ shall be deemed for all corporate pur­ upon further examination: pany Act of 1935 (“Act”), designating poses to evidence the ownership of full (1) Whether the terms of the proposed sections 6(a), 7, 9(a), 10, and 12 thereof shares of Baldwin common stock to which transaction, including the consideration as applicable to the proposed transac­ the holder is entitled, except that any to be paid or received, are reasonable and tions. All interested persons are referred dividends will be credited to, but not fair and do not involve overreaching on to the application-declaration, which is Paid, on any unexchanged certificate, the part of any person concerned; summarized below, for a complete state­ until such certificate is surrendered and (2) Whether the proposed transaction ment of the proposed transactions. exchanged for Baldwin common stock. is consistent with the policy of the regis­ 5. No fractional shares of Baldwin tered investment company as recited in Columbia and Nugasco have entered common stock will be issued. Persons en- its registration statement and reports into agreements dated as of November 3, titled to a fractional interest may during filed under the Act; 1969, with National Gas & Oil Corp. (“Na­ a limited period instruct an agent, to be (3) Whether the proposed transaction, tional”) , a nonassociate gas utility com­ designated by Baldwin, to consolidate the including the proposed issuance of Bald­ pany, providing for the merger of Nu­ fractional interest into one full share or win common stock in connection with gasco into National. National, as the sur­ to sell the fractional interest for their Beco’s Deferred Contingent Compensa­ viving corporation, would continue as a account and obtain the proceeds. tion Plan, is consistent with the general wholly owned subsidiary company of 6. The merger agreement has been ap- purposes of the Act; Columbia. The common stockholders of proved by the boards of directors of (4) Whether the proposed issuance of National approved the proposed merger Baldwin and Beco. common stock by Baldwin involves a sale at a special meeting. fv>'• Pursuant to the merger agreement, of such stock below net asset value and, Upon the effective date of the merger, tne affirmative vote of the holders of not if so, whether the exemption of such pro­ (a) the outstanding shares of Nugasco ss than two-thirds of the outstanding posed sale of Baldwin common stock is common stock, all held by Columbia, will of common stock of Beco and necessary or appropriate in the public be exchanged for common stock of Na­ naidwin is required for approval of the interest and consistent with the protec­ tional, and (b) each share of National merger. tion of investors and the purposes fairly common stock presently outstanding will It appearing to the Commission that it intended by the policy and provisions of be exchanged for 0.6 share of Columbia in a£pr?I)r*a*'e in the public interest and the Act. . common stock. There are presently out­ umterest of investors that a hear- It is further ordered, That at the afore- standing 493,740 shares of National com­ annii held w i^ respect to the said hearing evidence shall be adduced mon stock, and these shares would be ex­ application: with respect to the foregoing matters and changed for 296,244 shares of Columbia fJth * °?d?red> Pursuant to section 40(a) questions. common stock. The agreement provides «sain e Ac«’ thafc a hearing on the afore- It is further ordered, That Baldwin for adjustment of the exchange ratio if DmvJPPlica*tion "nte* the applicable shall cause a copy of this notice and order the average market value of Columbia’s Provisions of the Act and rules of the to be mailed to each of the stockholders common stock is above $30 or below $29

No. 96------7 FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7680 NOTICES per share during a specified period im­ in the interest of investors and con­ well as other actions of the Commission mediately prior to the consummation of sumers that a public hearing be held with involving the subject matter of these the merger. In that event, the ratio will respect to the proposed transactions; proceedings. be decreased or increased so that the that the stockholders of National and It is further ordered, That the Secre­ aggregate market value of the shares of other interested persons be afforded an tary of the Commission shall give notice Columbia common stock to be issued in opportunity to be heard in such hearing of the aforesaid by mailing copies of this exchange will not exceed $8,887,320 or be with respect to the fairness of the pro­ notice and order by certified mail to less than $8,591,076. No fractional shares posed exchange offer and other aspects Columbia, National, Nugasco, and the of common stock of Columbia will be is­ of the proposed transactions; and that Public Utilities Commission of Ohio, the sued, but each holder of National com­ the application-declaration should not Federal Power Commission and the U.S. mon stock who would otherwise be en­ be granted and permitted to become ef­ Department of Justice; that Columbia titled to a fractional share of Columbia fective except pursuant to further order shall mail copies of this notice and order, common stock will be given an opportu­ of the Commission: not later than May 20,1970, to the stock­ nity to buy a sufficient additional frac­ It is ordered, That a hearing be held holders of record of National; and that tional interest to entitle him to a full herein at the office of the Securities and notice to all other interested persons share of Columbia common stock, or to Exchange Commission, 500 North. Capi­ shall be given by a general release of the sell his fractional interest. tol Street NW„ Washington, D.C. 20549, Commission and by publication of this notice and order in the F e d e r a l R egister. Columbia’s consolidated plant account at a date to be specified by the Secretary as of September 30, 1969, stated at orig­ of the Commission. On such date the By the Commission. inal cost, amounted to $2,280,171,408, Hearing Room Clerk will advise as to the room in which the hearing will be held. [ s e a l ] O rv a l L . D uB o is , with related reserve for depreciation and Secretary. depletion of $648,475,440, and its net con­ It is further ordered, That a Hearing Examiner, hereafter to be designated, [F.R. Doc. 70-6045; Filed, May 15, 1970; solidated income for the 12 months then 8:47 a.m .] ended was $79,412,987. The common stock shall preside at said hearing. The officer of Columbia ($10 par value; 31,030,612 so designated is hereby authorized to shares outstanding as of Sept. 30, 1969) exercise all powers granted to the Com­ [70-4755] is traded on the New York Stock mission under section 18(c) of the Act Exchange. and to a hearing officer under the Com­ NORTHEAST UTILITIES ET AL. National is engaged in the purchase, mission’s rules of practice. It is further ordered, That particular Notice of Posteffective Amendment production, storage, transmission, distri­ Regarding Increase in Authorized bution and sale of natural gas in a terri­ attention be directed in the hearing to tory of approximately 900 square miles in the following matters, without preju­ Amount of Subordinated Notes and east-central Ohio. Industrial sales ac­ dice, however, to the presentation Extension of Time To Issue Notes of additional matters upon further count for a large portion of the revenues M a y 8, 1970. of National. During 1968 National’s sales examination: of natural gas totaled 9,622,977 Mcf and (a) Whether the proposed merger of Notice is hereby given that N o rth e a st revenues derived therefrom amounted to Nugasco into National and the acquisir Utilities (Northeast), Hartford, C onn., $5,519,657, with industrial sales account­ tion by Columbia of the common stock of a registered holding company, and The ing for 78 percent of the total volume of National meet the standards of section 10 Connecticut Light & Power Co. (CL&P), gas sold and 68 percent of total revenues. of the Act, and particularly the require­ The Hartford Electric Light Co. (HEL- National also serves approximately 10,245 ments of sections 10(b)(1), 10(b)(2), CO) and Western Massachusetts Electric residential and commercial customers in and 10(c) (2). Co. (WMECO), each an electric-utility the cities of Newark and Heath and in (b) Whether the accounting entries subsidiary company of Northeast, and the surrounding area including various to be made in connection with the pro­ The Millstone Point Co. (Millstone), a small communities in Perry, Licking, and posed transactions are proper and in subsidiary company of Northeast, have Muskingum Counties. National’s service accord with sound accounting principles. filed with this Commission a third p ost- area is completely surrounded by terri­ (c) Whether the fees, commissions, effective amendment to the application- tory serviced by Columbia Gas of Ohio, and other expenses to be incurred are declaration in this proceeding p u rsu a n t a subsidiary company of Columbia. It is for necessary services and reasonable in to the Public Utility Holding C om pany stated that National, as a subsidiary com­ amount. Act of 1935 (Act), designating sectio n s pany of Columbia, will be able to render (d) What terms or conditions, if any, 6 (a ), 7, 9 (a ), and 10 thereof as applicable better, more extensive, and more eco­ the Commission’s order should contain. to the proposed transactions. All in te r­ nomical service to its customers. ested persons are referred to the am ended (e) Generally, whether the proposed application-declaration, which is sum­ National’s plant account at Septem­ transactions are in all respects com­ ber 30, 1969, at original cost, amounted marized below, for a complete s ta te m e n t patible with the provisions and standards of the proposed transactions. to $7,385,316, with related reserve for de­ of the applicable sections of the Act and preciation and depletion of $2,116,188, of the general rules and regulations By order dated June 2, 1969 (H olding and its net income for the 12 months then promulgated thereunder. Company Act Release No. 16389), the ended was $560,285. At September 30, Commission, among other things, au­ It is further ordered, That any person, thorized the transfer and assignmen 1969, National had outstanding first other than applicants-declarants, desir­ mortgage bonds in the amount of by CL&P, HELCO, and WMECO of their ing to be heard in connection with this respective interests in a nuclear fuel $1,410,000. National has retired all of the proceeding or proposing to intervene outstanding shares of its preferred stock. contract to Millstone Point pursuant therein shall file with the Secretary of an interim agreement. In their first tw The application-declaration states that the Commission, on or before June 8, the Public Utilities Commission of Ohio posteffective amendments to the appii" 1970, a written request relative thereto cation-declaration the companies pro has jurisdiction over certain phases of as provided in Rule 9 of the Commis­ tiie proposed transactions; that a copy posed to amend their interim agreeme sion’s rules of practice. A copy of such so as to extend the period for the comple­ of the order of said commission, when request should be served personally or by issued, will be filed by amendment; and tion by Millstone Point of satisfactory mail (airmail if the person being served permanent financing arrangements from that no other State commission and no is located more than 500 miles from the 9 to 12 months. The application-declara- Federal commission, other than this point of mailing) upon the applicants- tion as so amended was granted^wk.^ Commission, has jurisdiction over the declarants at the above-stated address, proposed transactions. A statement of supplemental order of the Commiss and proof of service (by affidavit or, in dated March 2, 1970 (Holding Company estimated fees and expenses related to case of an attorney at law, by certificate) the proposed transactions is to be filed should be filed with the request. Persons Act Release No. 16625). by amendment. filing an application to participate or be The companies now propose to exten It appearing to the Commission that it heard will receive notice of the date of the period for the completion by is appropriate in the public interest and hearing or any adjournment thereof as stone Point of satisfactory permanen

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 NOTICES 7681 financing arrangements from 12 to 24 III. Filed by O. W. South, Jr., agent (No. copy of such protests must be served on months. The companies also request that A6172), for interested rail carriers. Rates the applicant, or its authorized repre­ the maximum amount of short-term on clay, kaolin, or pyrophyllite, in car­ sentative, if any, and the protests must subordinated notes to Northeast author­ loads, as described in the application, certify that such service has been made. ized by the Commission be increased from from Aberdeen, Miss., and points taking The protests must be specific as to the $2,750,000 to $3,500,000. In all other same rates, to Galesburg and Jackson­ service which such protestant can and respect the transactions remain un­ ville, HI., and points taking same rates. will offer, and must consist of a signed changed. Grounds for relief—Rate relationship, original and six copies. No State commission and no Federal short-line distance formula and A copy of the application is on file, and commission, other than this Commission, grouping. can be examined at the Office of the Sec­ has jurisdiction over the proposed Tariff—Supplement 89 to Southern retary, Interstate Commerce Commis­ transactions. Freight Association, agent, tariff ICC sion, Washington, D.C., and also in field Notice is further given that any inter­ S-751. office to which protests are to be ested person may, not later than May 29, FSA No. 41961—Fertilizer or fertilizer transmitted. 1970, request in writing that a hearing materials from Laramie, Wyo. Filed by M otor Carriers op P roperty be held on such matter, stating the na­ Union Pacific Railroad Co. (No. 139), for ture of his interest, the reasons for such itself and interested rail carriers. Rates No. MC 29462 (Sub-No. 2 TA ), May 4, request, and the issues of fact or law on fertilizer or fertilizer materials, dry, 1970. Applicant: LAMOIN D. THOMAS, raised by said posteffective amendment in carloads, as described in the applica­ doing business as THOMAS SUPREME to the application-declaration which he tion, from Laramie, Wyo., to points in SERVICE, Herculaneum, Mo. 63048. Ap­ desires to controvert; or he may request Colorado and Wyoming. plicant’s representative: Thomas P. that he be notified if the Commission Grounds for relief—Short-line dis­ Rose, Jefferson Building, Jefferson, Mo. should order a hearing thereon. Any such tance formula and grouping. Authority sought to operate as a common request should be addressed: Secretary, Tariff—Supplement 74 to Union Pa­ carrier, by motor vehicle, over irregular Securities and Exchange Commission, cific Railroad Co. tariff ICC 56Q6. routes, transporting: Meats, meat prod­ Washington, D.C. 20549. A copy of such FSA No. 41962—Newsprint cores, com­ ucts and meat byproducts as described request should be served personally or by pressed paper or pulp, returned, from in section A of appendix I to Descrip­ mail (airmail) if the person being served points in southern territory. Filed by O. tions in Motor Carrier Certificates 61 is located more than 500 miles from the W. South, Jr., agent (No. A6167), for in­ M.C.C. 209 and 766, except hides and point of mailing) upon the applicants- terested rail carriers. Rates on newsprint commodities in bulk in tank vehicles, declarants at the above-stated address, cores, compressed paper or pulp, re­ from the storage and distribution facili­ and proof of service (by affidavit or, in turned, in carloads, as described in the ties of Swift Fresh Meats Co., a division case of an attorney at law, by certificate) application, from points in southern ter­ of Swift & Co., and of St. Louis Inde­ should be filed with the request. At any ritory, to mill points in eastern Canada. pendent Packing Co., a division of Swift time after said date, the' application- Gounds for relief—Carrier competi­ Fresh Meats Co., in St. Clair and Madi­ declaration, as now amended, or as it may tion. son Counties, 111., and St. Louis, Mo., to be further amended, may be granted and Tariff—Canadian Freight Association points in Bollinger, Butler, Cape Girar­ permitted to become effective as pro­ tariff ICC E. 325. deau, Dunklin, Madison, Miss.; Scott and vided in Rule 23 of the general rules FSA No. 41963—Lumber to points in Stoddard Counties, Mo.; and damaged and regulations promulgated under the southern territory. Filed by O. W. South, or rejected shipments on return, for 180 Act, or the Commission may grant ex­ Jr., agent (No. A6175), for interested rail days. Supporting shipper: Swift Fresh emption from such rules as provided in carriers. Rates on lumber, rough or Meats Co., 115 West Jackson Boulevard, Rules 20(a) and 100 thereof or take such dressed, in carloads, as described in the Chicago, 111. 60604. Send protests to: other action as it may deem appropriate. application, from Woodstock, New District Supervisor J. P. Werthmann, Persons who request a hearing or advice Brunswick, and Yarmouth, Nova Scotia, Bureau of Operations, Interstate Com­ as to whether a hearing is ordered will Canada, to specified points in southern merce Commission, Room 3248, 1520 receive notice of further developments territory. Market Street, St. Louis, Mo. 63103. in this matter, including the date of the Grounds for relief—Short-line distance No. MC 107295 (Sub-No. 379 TA ), filed hearing (if ordered) and any postpone­ formula and grouping. May 6, 1970. Applicant: PRE-FAB ments thereof. Tariff—Supplement 6 to Canadian TRANSIT CO., 100 South Main Street, For the Commission (pursuant to dele­ Freight Association tariff ICC 319. Farmer City, HI. 61842. Authority sought gated authority). to operate as a common carrier, by By the Commission. motor vehicle, over irregular routes, seal rval [ ] O L. DuBois, [sea l] H. Ne il G arson, transporting: Guttering systems; ridge Secretary. Secretary. roll and caps; pipe and conduit, fittings [F.R. Doc. 70-6046; Filed, May 15, 1970; [F.R. Doc. 70-6097; Filed, May 15, 1970; and accessories therefor; roofing com­ 8;47 a.m.] 8:51 a.m.] pounds; roofing cement; plates, metal or plastic; vents; metal bars, rods, chan­ nels, and angles; fencing, post, gates, [Notice 77] and accessories therefor; wire; twisted INTERSTATE COMMERCE MOTOR CARRIER TEMPORARY cable; nails; roofing; siding; insulated panels; closure strips; asphalt products COMMISSION AUTHORITY APPLICATIONS (except in bulk), from Houston, Tex., to M ay 13,1970. points in the United States (except fourth sec tio n APPLICATIONS FÓR The following are notices of filing of Alaska and Hawaii), for 180 days. Sup­ RELIEF applications for temporary authority un­ porting shipper: Moncrief-Lenoir Manu­ M ay 13, 1970. der section 210a(a) of the Interstate facturing Co., Post Office Box 2505, 2103 Protests to the granting of an appli­ Commerce Act provided for under the Lyons Avenue, Houston, Tex. 77001. Send cation must be prepared in accordance new rules of Ex Parte No. MC-67 (49 protests to: Harold Jolliff, District Su­ pervisor, Interstate Commerce Commis­ with Rule 1100.40 of the general rules of C F R Part 1131), published in the F ederal sion, Bureau of Operations, Room 476, practice (49 CFR 1100.40) and filed R eg ister , issue of April 27, 1965, effec­ within 15 days from the date of publica- 325 West Adams Street, Springfield, 111. tive July 1,1965. These rules provide that 62704. ion of this notice in the F ederal protests to the granting of an application R egister. must be filed with the field official named No. MC 112567 (Sub-No. 7 TA), filed in the F ederal R egister publication, May 1,1970. Applicant: McRAY TRUCK L ong- and-S hort Haul within 15 calendar days after the date of LINE, INC., Post Office Box 329, Spring- Iio' ^*^60—Clay, kaolin, or pyro- notice of the filing of the application is field, Ky. 40069. Applicant’s representa­ v yuite to Galesburg and Jacksonville, published in the F ederal R eg ister. One tive: John R. Bagileo, Munsey Building,

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7682 NOTICES

Washington, D.C. 20004. Authority resentative: Richards & Demetras, Suite EDWARDS AND DAVID G. EDWARDS, sought to operate as a contract carrier, 1, Richards Building, 248 South Sierra doing business as EDWARDS BROTH­ by motor vehicle, over irregular routes, Street, Reno, Nev. 89505. Authority ERS, 1875 North Holmes, Post Office transporting: Wire, (1) from the plant- sought to operate as a common carrier, Box 2481, Idaho Falls, Idaho 83401. Ap­ site of Mid-States Steel and Wire Co. at by motor vehicle, over irregular routes, plicant’s representative: Dennis M. Olsen, Crawfordsville, Ind., to points in Ala­ transporting: Mobile homes designed to 485 E Street, Idaho Falls, Idaho 83401. bama (except Birmingham, Ala., and be drawn by passenger autos, and the Authority sought to operate as a common points within 65 miles of Birmingham), transportation of sectional buildings and carrier, by motor vehicle, over irregular Arkansas, Florida, Georgia, Kansas, camping trailers on lowboys in loads of routes, transporting: Fresh and frozen Kentucky, Louisiana, Maryland, Minne­ one, two, or three units and special meat, from points in Jefferson and Power sota, Mississippi, Missouri, New Jersey, equipment trailers, between points in Counties, Idaho to Phoenix, Ariz.; Salt New York, North Carolina, Ohio, Okla­ California, Oregon, Idaho, Washington, Lake City and Box Elder County, Utah; homa, Pennsylvania, South Carolina, Utah, Arizona, and Nevada; mobile Denver, Greeley, and Fort Morgan, Colo.; Tennessee, Texas, Virginia, West Vir­ homes, special equipment trailers, office Sioux Falls, S. Dak.; Omaha, Grand Is­ ginia, and the District of Columbia; (2) trailers, sectional building, modular land, and Dakota City, Nebr.; Wichita from the plantsite of Mid-States Steel housing units all designed to be towed and Topeka, Kans.; Tulsa and Oklahoma and Wire Co. at Jacksonville, Fla., to by passenger automobile, and further, City, Okla.1 St. Joseph, St. Louis, Kansas points in Alabama, Arkansas, Georgia, camp trailers in loads of one, two or City, Kans.; and Trenton, Mo.; Des Illinois, Indiana, Louisiana, Mississippi, three units on a lowboy, all in primary Moines, Fort Dodge, Sioux City, Council North Carolina, South Carolina, Ten­ and secondary movement, to, from, and Bluffs, Cedar Rapids, Davenport, Du­ nessee, Texas, Virginia, and West Vir­ between points in Nevada, California, buque, and Waterloo, Iowa; Minneapolis, ginia; Restricted to transportation serv­ Idaho, Utah, Arizona, Oregon, and St. Paul, Albert Lea, Austin, Duluth, St. ices to be performed under its present Washington, for 180 days. N o t e : Appli­ Cloud, and St. James, Minn.; Milwaukee, continuing contracts with Mid-States cant intends to tack proposed authority Green Bay, Eau Claire, Madison, Steel and Wire Co., for 180 days. Sup­ at Reno, Nev., with that now held. Kenosha and Racine, Wis.; Chicago, porting shipper: Doug Deacon, Traffic Supporting shippers: There are ap­ Rockford, Elgin, Aurora, Joliet, and Manager; Mid-States Steel and Wire proximately 12 statements of support Peoria, 111.; Marion and Indianapolis/ Co., Crawfordsville, Ind. Send protests attached to the application, which may Ind.; Detroit, Mich.; Clark County, to: Wayne L. Merilatt, District Super­ be examined here at the Interstate Com­ Douglas County, Washoe and Ormsby visor, Interstate Commerce Commission, merce Commission in Washington, D.C., Counties, Nev.; Butte, Helena, Great Bureau of Operations, 426 Post Office or copies thereof which may be exam­ Falls, Mo.; Anaconda and Bozeman, Building, Louisville, Ky. 40202. ined at the field office named below. Mont.; and the States of Washington, No. MC 113784 (Sub-No. 38 TA), filed Send protests to: Daniel Augustine, Oregon, and California, for 180 days. May 6, 1970. Applicant: LAIDLAW District Supervisor, Interstate Commerce Supporting shipper: Golden Valley Pack­ TRANSPORT, LIMITED, Box 430, Hag- Commission, Bureau of Operations, 222 ers, Inc., Post Office Box 208, Roberts, ersville, Ontario, Canada. Applicant’s East Washington Street, Carson City, Idaho 83444. Send protests to: C. W. representative: William J. Hirsch, 43 Nev. 89701. Campbell, District Supervisor, Interstate Niagara Street, Buffalo, N.Y. 14202. Au­ No. MC 128879 (Sub-No. 11 TA) , filed Commerce Commission, Bureau of Oper­ thority sought to operate as a common May 6, 1970. Applicant: C-B TRUCK ations, 455 Federal Building, and U.S. carrier, by motor vehicle, over irregular LINES, INC., 1034 Humble Place, Post Courthouse, 550 West Fort Street, Boise, routes, transporting: Iron and steel and Office Box 26276, El Paso, Tex. 79915. Idaho 83702. iron and steel articles, between ports of Applicant’s representative: Jerry R. No. MC 134571 TA, filed May 7, 1970. entry on the international boundary Murphy, 708 La Veta NE., Albuquerque, Applicant: RUSSELL L. RIEDER AND line of the United States and Canada, N. Mex. 87108. Authority sought to op­ RUTH H. RFHSF1RER doing business as at or near Windsor, Ontario, (1) and the erate as a common carrier, by motor RIEDER’S MOVING & STORAGE, 930 Detroit, Mich., commercial zone as de­ vehicle, over irregular routes, transport­ East California Street, Sunnyvale, Calif. fined by- the Commission restricted to ing: Animal feeds and feedstuffs, except 94086. Applicant’s representative: Alan traffic originating at or destined to the edible and nonedible meats, in bulk and F. Wohlstetter, 1 Farragut Square South, plantsites of Dominion Steel Foundaries, in bags, to and from all points embraced Washington, D.C. 20006. Authority Ltd., Slater Steel Industries, Ltd., Steel in the area described as follows; the Lub­ sought to operate as a common carrier, Company of Canada, Ltd., at or near bock, Tex., commercial zone; points in by motor vehicle, over irregular routes, Hamilton, Ontario, and (2) Woodhaven, Texas on or west of Interstate Highway transporting: Used household goods, be­ Mich., restricted to traffic moving be­ 10 between Fort Hancock, Tex., and the tween points in Santa Cruz, Santa Clara, tween the plantsite of Ford Motor Co. Texas-New Mexico State line; points in San Mateo, Alameda, Contra Costa, San at or near Woodhaven, Mich., and the New Mexico on or south of Interstate Francisco, and Marin Counties, Calif., re­ plantsites of Dominion Steel Foundaries, Highway 10; points in Arizona on or stricted to the transportation of traffic Ltd., Slater Steel Industries, Ltd., Steel south of U.S. Highway 70, including the having a prior or subsequent movement, Company of Canada, Ltd., at or near Phoenix, Ariz., commercial zone; points in containers, and further restricted to Hamilton, Ontario, for 120 days. Sup­ in Colorado on or south of U.S. High­ the performance of pickup and delivery porting shippers: Dominion Foundaries way 40 between the Kansas-Colorado service in connection with packing, crat­ and Steel, Ltd., Post Office Box 460, State line and Denver, Colo., and on or ing, and containerization, or unpacking, Hamilton, Ontario, Canada; The Steel south of U.S. Highway 6 between Denver uncrating, and decontainerization, for Company of Canada, Ltd., Wilcox Street, and the Utah-Colorado State line, in­ 180 days. Supporting shipper: Home- Hamilton 23, Ontario, Canada; Burling­ cluding the Denver commercial zone, for Pack Transport, Inc., 57-49th Street, ton Steel Co., Division of Slater Steel 150 days. N o t e : Applicant does not in­ Maspeth, N.Y. 11378. Send protests to: Industries, Ltd., Post Office Box 271, tend to tack authority granted herein Claud W. Reeves, District Supervisor, In­ Hamilton, Ontario, Canada. Send pro­ with any presently held authority or terstate Commerce Commission, Bureau tests to: George M. Parker, District with any other carrier. Applicant intends of Operations, 450 Golden Gate Avenue, Supervisor, Interstate Commerce Com­ to tack all authority herein granted to­ Box 36004, San Francisco, Calif. 94102. mission, Bureau of Operations, 518 Fed­ gether. Supporting shipper: Billstone No. MC 134574 (Sub-No. 1 TA)> eral Office Building, 121 Ellicott Street, Feed & Grain Service, Post Office Box May 7, 1970. Applicant: FTGOL DIS­ TRIBUTORS LIMITED, 9727 110th Buffalo, N.Y. 14203. 12401, El Paso, Tex. 79912. Send pro­ tests to: Haskell E. Ballard, District Street, Edmonton, Alberta, Canada. Ap­ No. MC 117034 (SubNo. 3 TA), filed Supervisor, Interstate Commerce Com­ plicant’s representative: Eldon Jo h n so n , May 4, 1970. Applicant: ARTHUR E. mission, Bureau of Operations, 918 Tyler 140 Montgomery Street, San Francisco, OLSEN, doing business as DAWN TRAIL Street, Amarillo, Tex. 79101. Calif. 94104. Authority sought to op erate AWAY, 1465 Greenbrae, Post Office Box No. MC 134484 (Sub-No. 1 TA), filed as a common carrier, by motor vehic > 386, Sparks, Nev. 89431. Applicant’s rep- May 4, 1970. Applicant: MORGAN G. over ir r e g u la r routes, transporting.

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 NOTICES 7683

Bananas, and bananas in mixed ship­ Idaho, and Montana, for 180 days. Sup­ erations, 251 U.S. Post Office Building, ments with commodities exempt from porting shippers: Macdonalds Consoli­ Billings, Mont. 59101. economic regulations under the provi­ dated Ltd., 14040 125th Avenue, Edmon­ By the Commission. sions of section 203(b)(6) of the Act, ton, Alberta, Canada; Scott National Co., from the commercial zones of San Fran­ Ltd., 529 10th Avenue SW., Calgary, Al­ [ s e a l ] H. N e i l G a r s o n , cisco and Long Beach, Calif., and Seat­ berta, Canada. Send protests to: Paul J. Secretary. tle, Wash., to points along the United Labane, District Supervisor, Interstate [F.R. Doc. 70-6096; Filed, May 15, 1970; Stâtes-Canadian border in Washington, Commerce Commission, Bureau of Op­ 8:51 a.m.]

CUMULATIVE LIST OF PARTS AFFECTED— MAY

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 May.

3 CFR Page 7 CFR—-Continued Page 14 CFR Page P roclamations : P roposed R ules—C ontinued 21______^______7292 3982 ______— 6999 1012______25 7023______7108 3983 ______- ______7105 1013______7023 29______7293 3984 ______7169 1032 ______7082 37______6914, 7641 39______6916, E x e c u t iv e 'O r d e r s : 1033 ______6965 1034______6965 6917, 7006, 7051, 7293, 7294, 7378, July 2, 1910 (revoked in part 1035______;______6965 7551,7552 by PLO 4814)______7255 1041______6965 43______7641 March 28^ 1924 (revoked by 1050______7082 61______7007 PLO 4812)______7254 71______: ______6917, April 17, 1926 (revoked in part 7051, 7108, 7109, 7175-7177, 7237, by PLO 4813)______7255 8 CFR 7294, 7378, 7379, 7412, 7552, 7553 100______7249 73______6917, 7051, 7295, 7553 5 CFR 103______7284 75------7051, 7109, 7553 213______- 6957, 204— ______7284 91______7108, 7293 7123, 7124, 7171, 7283, 7426, 7493, 205______7285 97______6918, 7052, 7237, 7506 7559 212______7637 121______7108, 7293, 7641 550______7171 238______7285, 7638 127______7293 242______7638 202— ______7109 7 CFR P roposed R u le s: 203- ______7110 19______— _ 7493 103______7018 205______7110 214—______7018 51______6957, 7249 207 ______7295 53—______7064 208 ______7295 2 0 1 ______7411 9 CFR 212______7297 301______7001, 7002, 7361 71______7249 404______7361 76„t.______214 6958,______7298 411______7361 7004, 7066, 7107, 7175, 7285, 7370, 221______7298 7 2 4 -______7361 7376, 7412, 7505, 7638 287______7110 775______6958, 7495 P roposed R u le s: 295______7298 798______♦ „ ______7172 877______7064 109______7652 302______7111 905______7411 113 ______7652 376______— _ 7111 114 ______7652 907 ______'7172, 7503 P r o p o se d R u l e s : 908 ______7173, 7504, 7637 121______7652 910___ 7003, 7283, 7362, 7637 39______6967, 7185, 7435, 7436, 7655 917______7064 10 CFR 71______6968, 6969, 7186, 7303-7305, 7384, 7436, 518______7362 1 ______7285 944______7504 7584-7586, 7656-7658 2 ______7639, 7640 73______— 6969 959______7065 50—______7640 966______7003 75______7020, 7305 70______7640 91______7020 1041— ______7173 150______— 7640 1097______7283 121______7021, 7083 127______— 7083 1 1 0 2 ______7283 12 CFR 1108______7283 207 ______7587 208 ______7587 1 2 0 1 ______7066 1_____ 7549 1421______7363, 7504 207______6959, 7376 212______7587 214______7587 1485______7505 220 ______7249, 7376 1600______221______7513 ______7505 221 ______6959, 7250, 7377 249______7587 Proposed R ules 226______- ______- ______7550 295______7587 29______7427 545______—______7377 399____1______7587 725______7075 561-______.i______7377 Ch. IX — 7077 563______7377 T5 CFR 914_____ 7183 608____ 7005 371______— 7379 981______7428 1005 ______6965 P roposed R u les: 1000______7220, 7228 1006 __ 7023 545______7130 P r o p o se d R u l e s : 1007____ 7566 563______7131 1000...... - ...... - 7183

FEDERAL REGISTER, VOL. 35, NO. 96— SATURDAY, MAY 16, 1970 7684 FEDERAL REGISTER

16 CFR Page 26 CFR—Continued Page 42 CFR page 13______7007-7009, 7298, 7507-7511 P roposed R u l e s : P roposed R u l e s : P roposed R u l e s : 31______7125 81______7082 90___ 6969 90______7260 425-______7437 28 CFR 9______7013 43 CFR 17 CFR 3130______— 7416 240______7643, 7644 29 CFR P ublic L and O rders: 249______7068 8______7016 1230 (revoked in part by PLO P roposed R u l e s : 670______6963 4815)______7255 1767 (revoked in part by PLO 270______7132 678______6963 790______7382 4818) ______7256 4810— ______7117 18 CFR 30 CFR 4811 ______7117 ______7511 7254 7181,7182 4812 ______SfRfl ______7010 4813— ______7255 260 — ______6960, 7412 4814 ______7255 #590 7379 31 CFR 4815 ______7255 P roposed R u l e s : 6963 4816 ______7255 7256 2 ______7385 P roposed R u l e s: 4817 ______—______4818 ______— 7256 157______7262r 7385 10______7565 201 ______7262 4819 ______^256 4820 ______7256 2J4______7262 32 CFR 260- ______7262 51C______7253 45 CFR 7562 19 CFR 888c— — ______102—______7334 155-______7256 ___ 7299, 7645 32A CFR 23______7645 233______7301 BDSA (Ch. V I): P roposed R u l e s : M -11A ______7648 21 CFR M-11A, Dir. 1 7648 250______- ______7654 9 — 7068, 7299 M-11A, Dir. 2. 7648 7645 46 CFR 27 P roposed R ules : ______7178 53 7305 6 6 - ______- ______— ______7651 120 ____ 7178,7179,7300, 7553, 7554 Ch. X , ______1 2 1 ______7068, 7180, 7414, 7646 47 CFR 130 ___ — 7250 33 CFR ______7253 l ______7117 13Kh 117______7182 135c______7181, 7380 7556 6 3 -______—- ______7259 ______7300 126______13Rp 204——______7649 64______;____ ,______7259 135g______7181, 7300 207______7512 73 „ 6913,7118,7259,7417,7558 IAS ______7250 ______7647 P roposed R u l e s: 7 4 ______7118 148k ______7415 110______7019 8 3 __ 6913 14Rm ____ — 7647 117— ______7513 9 7 __ 7259 401______7189 191 ______7415 P roposed R u l e s : 320______7069 64_ _ 7609 P roposed R u les : 36 CFR 73-11I I I ______7262 19______7568 7556 7654 27______P roposed R u l e s : 49 CFR 7569 120______7 1 2 0 , 7121 135______7569 50_____ 7439 1 7 3 — ------144______7569 1001 ___ _ 7512 191______7303 38 CFR 1 0 3 3 ______7016 7380 1 0 3 4 „ 7017 7121 22 CFR 1 0 3 6 41______. ______7554 39 CFR 1 0 5 6 _ 7123 Ch. I______7416 1119 _ 7651 7382 _ 7559 24 CFR 142______1 1 3 4 roposed u l e s 200 ______— 7381 P R : P r o p o se d R u l e s : 201 ------7649 135______7018 1 7 ? 7127 1914 7012,7560 138______7427 7127 1 9 2 6969 1915 ______7013, 7561 5 6 7 7 1 8 7 ,7586 P roposed R u l e s : 41 CFR 5 7 1 ______1905------7655 1-16___ ------______7070 5A-1______7254 50 CFR „ _ 7123, 7382 26 CFR 5A-2______— ______7416 33------7017 13 7011, 7300 5A-3______7416 3 1 - - - ______7070 5A-73______7649 2^ :::::::::::::::::: ______7070 101-26______7182, 7301, 7650 >147______7555 P roposed R u l e s : — mtnn 143 - 6962 101-28______7650 6 0 1 - - — ______7111 101-32______7557 280______7438 s United States Government Organization MANUAL 1 9 6 9 -7 0

government

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