WEDNESDAY, SEPTEMBER 15, 1971 .

WASHINGTON, D.C.

Volume 36 ■ Number 179

Pages 18447-18502

PART I

(Part II begins on page 18499)

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

NATIONAL HISPANIC HERITAGE WEEK— Presi­ dential proclamation...... 18453

ECONOMIC STABILIZATIONS^ supplemen­ tary guidelines...... — ...... 18471

SPECIAL GRANTS— HEW proposal concerning eligibility criteria for school programs involving educationally deprived children; comments by 10-15-71 ...... - ...... - 18500

PUBLIC INFORMATION— CSC amendments on availability ...... 18455

FOOD CONTAINERS— USDA amendments on standards for condition; effective 1 1 -1-7 1...... 18455

NONIMMIGRANT ALIENS— Justice Dept, amend­ ments on visa petitions for temporary employ­ ment; effective 9 -1 5 -7 1 ...... 18460

FLOOD INSURANCE— HUD additions to hazard areas and insurance eligibility lists (2 docu­ ments) ...... 18463, 18464

U.S. POSTAL SERVICE— Amendment on fees for compiling and processing d ata...... 18465

FAMILY PLANNING— HEW regulations on grants for voluntary family planning services to persons from low-income families;, effective 9 -1 5 -7 1 ...... 18465

HAZARDOUS MATERIALS— DoT miscellaneous amendments...... 18468 (Continued inside) Latest Edition

Guide to Record Retention Requirements

[Revised as of January 1, 1971]

This useful reference tool is designed they must be kept. Each digest carries to keep businessmen and the general a reference to the full text of the basic public informed concerning the many law or regulation providing for such published requirements in Federal laws retention. and regulations relating to record retention. The booklet’s index, numbering over The 90-page “Guide” contains over 2,200 items, lists for ready reference 1,000 digests which tell the user (1) the categories of persons, companies, what type records must be kept, (2) and products affected by Federal who must keep them, and (3) how long record retention requirements.

Price: $ 1.00

Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration

Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDEMLM®ISTER on the day after an official Federal holiday), by the Office of the Federal Register, National Area Code 202 1934 .«k Phone 962-8626 Archives and Records Service, General Services Administration, Washington, D.C. 204Q8, C ¿/AIITFO ^ 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 f F ederal R egulations, which is published, under 50 titles, pursuant to section H of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of F ederal Regulations 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 of F ederal R egulations. HIGHLIGHTS— Continued

SOYBEANS— USDA proposal on price support ENVIRONMENT— Interior Dept, notice of avail­ program; comments within 30 days...... 18473 ability of statement on Santa Margarita Project, California — ...... 18478 GRANTS— ADULT EDUCATION— HEW notice of closing date EPA proposal on ‘lturn-key,, projects for waste for grant applications for special remedial treatment plant construction; comments with­ programs ...... —...... ~ 18480 in 30 days-.———...... 18477 ECONOMY— Federal Open Market Committee EPA notice of locations for submittal of grant- current economic policy directive and continuing authority directive (2 documents)...... — 18488 in-aid applications— ...... — 18485 NAT’L COMM. ON STATE WORKMEN’S COM­ ANTIDUMPING— Customs Bur. notice on color PENSATION— Notice of hearings on 10-18-71 T.V. picture tubes from Japan...... 18478 and 10-19-71...... 18489

Contents THE PRESIDENT CIVIL SERVICE COMMISSION COMMODITY CREDIT Rujes and Regulations CORPORATION PROCLAMATION Proposed Rule Making Availability of official informa­ National Hispanic Heritage Week, Burley tobacco; advance rates by 1971______18453 tion; places where information may be obtained; examinations- 18455 grade for 1971 crop; correction- 18473 Excepted service: Soybean price support and reseal Department of Commerce------18455 loan programs______18473 EXECUTIVE AGENCIES Export-Import Bank of the U.S_ 18455 AGRICULTURAL RESEARCH General Services Administra­ CONSUMER AND MARKETING tion ______18455 SERVICE • SERVICE Small Business Administration- 18455 Rules and Regulations Rules and Regulations Notices Food containers; standards for Hog cholera and other commu­ Department of the Interior; title condition______18455 nicable swine diseases; areas Lemons grown in California and quarantined — ------18461 change in noncareer executive assignm ent------18484 Arizona; handling limitation— 18459 AGRICULTURE DEPARTMENT Grants of authority to make non­ Proposed Rule Making career executive assignments: Beurre D’Anjou and certain other See Agricultural Research Service; Department of Labor------18484 Commodity Credit Corporation; varieties of pears grown in Inter-American Social Develop­ Oregon, Washington, and Cali­ Consumer and Marketing Serv­ ment Institute------18484 ice. fornia; expenses and rate of Manpower shortages: assessment______18473 Notice of cancellation; second Milk in Minneapolis-St. Paul mar­ ATOMIC ENERGY COMMISSION and third mates, hopper keting area; decision on pro­ Notices dredges, coastal waters and posed amendments to marketing Pacific ports------18485 agreement and to order______18474 Power Reactor Development Co.; Notice of listings: order extending provisional op­ Executive Assistant to Deputy CUSTOMS BUREAU erating license expiration date- 18480 Mayor, Washington, D.C— 18485 Executive Director, National Notices CIVIL AERONAUTICS BOARD Commission on Fire Pre­ Color television picture tubes from Notices vention and Control------18485 Japan; antidumping proceed­ Professor of Behavioral Sci­ ings ______18478 Hearings, etc.: ences, Army War College, British Overseas Air Charter Pa ______- ______18485 DEFENSE DEPARTMENT L td ______—— 18480 Revocations of authority to make Rules and Regulations Eastern Air Lines, Inc------18480 noncareer executive assign­ Express service investigation-^- 18481 ments: Reporting procedures on defense International Air Transport As­ related employment; negotiated sociation ______18481 Department of the Treasury— 18484 contract awards______18464 Inter-American Social Develop­ Trans World Airlines, Inc., and (Continued on next page) United Air Lines, Inc------18482 ment Institute------18484 18449 18450 CONTENTS

EDUCATION OFFICE FEDERAL POWER COMMISSION IMMIGRATION AND Proposed Rule Making Notices NATURALIZATION SERVICE Financial assistance to meet spe­ Hearings, etc.: Rules and Regulations Columbia Gas Transmission cial educational needs of educa­ Nonimmigrant classes; temporary tionally deprived children; cri­ C o rp ------18485 employees------18460 teria for special grants__;______11500 Kansas-Nebraska Natural Gas C o ___ l ______18486 Notices Monsanto Co. et al______18487 INTERIOR DEPARTMENT Adult education; establishment of Nueces Industrial Gas Co_____ 18486 See Fish and Wildlife Service; closing date for receipt of appli­ Transwestern Pipeline Co__ ___ 18487 Hearings and Appeals Office; cation for special experimental United States Hydrocarbon Co. Land Management Bureau; demonstration projects and for et al______18488 Reclamation Bureau. teacher training,______18480 FEDERAL RESERVE SYSTEM INTERSTATE COMMERCE EMERGENCY PREPAREDNESS Notices COMMISSION OFFICE Federal Open Market Committee : Continuing authority directive Notices Rules and Regulations with respect to domestic open Assignment of hearings______18490 Economic stabilization; guidelines market operations______18488 Motor carriers : for application______18471 Current economic policy di­ Alternate route deviation no­ rective ______18488 tices —------18490 First National Charter Corp.; Applications and certain other ENVIRONMENTAL PROTECTION order approving acquisition of proceedings------18490 AGENCY bank stock by bank holding Proposed Rule Making com pany______18489 JUSTICE DEPARTMENT Grants for construction of treat­ FISH AND WILDLIFE SERVICE See Immigration and Naturaliza­ ment works; “turn-key” proj­ tion Service. ects for waste treatment plant Rules and Regulations construction______18477 Hunting on national wildlife LAND MANAGEMENT BUREAU Notices' refuges: Bear Lake, Idaho (2 docu­ Rules and Regulations Grants-in-aid; submission of ap­ ments) ______18470 Colorado; withdrawal for national plications ______:______18485 Browns Park, Colo______18471 forest recreation arêas; correc­ Proposed Rule Making tion ______18470 FEDERAL AVIATION Bear Lake National Wildlife Ref­ Notices ADMINISTRATION uge, Idaho; hunting______18473 Arizona; partial termination of classification__ ...____ ^______18478 Rules and Regulations FOOD AND DRUG Airworthiness directives; British NATIONAL COMMISSION ON Aircraft Corp. airplanes (2 doc­ ADMINISTRATION uments) _____ :______18461,18462 Notices STATE WORKMEN’S Transition area; alteration______18463 Winthrop Laboratories; Milvo- COMPENSATION LAWS Proposed Rule Making nique; withdrawal of new Notices Airworthiness directive; Hawker animal drug application; cor­ rection ______18479 State workmen’s compensation Siddeley airplanes______18476 laws; notice of public hearing_ 18489 Control zones and transition area; HAZARDOUS MATERIALS alteration______18476 POSTAL SERVICE REGULATIONS BOARD Rules and Regulations FEDERAL HIGHWAY Rules and Regulations ADMINISTRATION Opinions, orders, administrative Transportation of hazardous ma­ manuals, and instructions to Rules and Regulations terials; miscellaneous amend­ staff; compilation of reports and ments ------;______18468 Transportation of hazardous ma­ studies; cost of recovery______18465 terials; driving and parking HEALTH, EDUCATION, AND PUBLIC HEALTH SERVICE rules; compliance with safety WELFARE DEPARTMENT rules; correction______18470 Rules and Regulations See Education Office; Food and FEDERAL INSURANCE Drug Administration; Public Grants for family planning serv­ Health Service. ices ______18465 ADMINISTRATION Rules and Regulations HEARINGS AND APPEALS RECLAMATION BUREAU Flood insurance program : OFFICE Notices Notices Areas eligible for sale of insur- Santa Margarita Project, Califor­ ance ___------18463 Petitions for modification of nia; availability of draft en­ Identification of flood-prone interim mandatory safety vironmental statement______18478 .a re a s------18464 standard: Chappell Coal Co______18478 TRANSPORTATION DEPARTMENT FEDERAL MARITIME Clayton Coal Co______18479 COMMISSION Imperial Coal Co. (2 docu­ See Federal Aviation Administra­ ments) ------18479 tion; Federal Highway Adminis­ Notices tration; Hazardous Materials Regulations Board. Maritime Fruit Carriers Co., Ltd., HOUSING AND URBAN and Refrigerated Express Lines DEVELOPMENT DEPARTMENT (A/Asia) Pty., Ltd.; reschedul­ See Federal Insurance Admin­ TREASURY DEPARTMENT ing of filing dates______18489 istration. See Customs Bureau. CONTENTS 18451

List of CFR Parts AffectedI Sp , The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears following the Notices section of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1971, and specifies how they are affected.

3 CFR 14 CFR 42 CFR P roclamation: 39 (2 documents)_____ 18461, 18462 59______18465 71______- 18463 4079______.18453 P roposed R u les: 43 CFR 5 CFR 39______18476 P ublic L and Order: 71______18476 5107______18470 213 (4 documents)______18455 294______18455 18 CFR 45 CFR P roposed R ules P roposed R u l e s : 7 CFR 601______...... 18477 116______18500 42______18455 910______18459 24 CFR 4 9 CFR 1 8468 P roposed R u les: 1914 ______18463 171 ___ 1915 ______18464 172 ___ 1 8468 927...... — ______18473 173 ___ 1 8468 1068______18474 32 CFR 174 ___ 18 4 6 8 1421...... ______18473 166...... 18464 177 ___ 18 4 6 8 1464______18473 178 ___ 1 8468 32A CFR 179 ___ 18468 18470 8 CFR OEP (Ch. I) : 397_____ ES Reg. 1 : 214.______18460 Circ. 12— ...... __ 18471 5 0 CFR 32 (3 documents)______18470,18471 9 CFR 39 CFR P roposed R u l e s : 76 18461 262. 1 8 4 6 5 32 18473

Presidential Documents

Title 3—The President

PROCLAMATION 4079 National Hispanic Heritage Week, 1971

By the President of the United States of America

A Proclamation

From the earliest explorations of the New World, men and women of Hispanic origin and descent have contributed significantly to the development of our American nationality. The geographic names of our country fully attest to that contribution. In fact, the oldest city in the United States, St. Augustine, Florida, was founded by Spanish explorers in 1565— 406 years ago. Amerigo Vespucci, the man whose name graces our land, came to this hemisphere on a Spanish ship. O ur Hispanic heritage touches our everyday lives as well— our music, our architecture, our currency, and our cuisine. The voyages of Spanish explorers to the New World are a common starting point for the study of American history in our schools. Americans of Hispanic origin and descent have served our country with distinction throughout our State, local, and national governments— and continue to do so today. In the past, men and women of Hispanic origin and descent helped to discover, develop, and people this land. We are fortunate that today they are our own people. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, in accordance with a joint resolution of Congress approved September 17, 1968, do hereby proclaim the week beginning September 12, 1971, and ending September 18, 1971, as National Hispanic Heritage Week. I call upon the people of the United States, especially the educational community, to observe that week with appropriate ceremonies and activities which call attention to the richness of our Hispanic heritage and the contributions to our diverse society by our citizens of Hispanic origin.

IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of September, in the year of our Lord nineteen hundred seventy-one, and of the Independence of the United States of America the one hundred ninety-sixth.

[FR Doc.71-13677 Filed 9-13-71 ;4 :26 p.m.]

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971

18455 Rules and Regulations

dential Assistant to the Assistant Ad­ (c) Information available to the pub­ Title 5— ADMINISTRATIVE ministrator is excepted under schedule C. lic is, as far as practical considerations Effective on publication in the F e d e r a l permit, available from the regional and PERSONNEL R e g i s t e r (9-15-71) subparagraph (4) of area offices of the Commission. The Com­ paragraph (a) of § 213.3337 is amended mission shall publish in chapter 294 of Chapter I— Civil Service Commission as set out below. the Federal Personnel Manual the ad­ dresses of its regional and area offices. § 213.3337 General Services Administra­ PART 213— EXCEPTED SERVICE tion. * * * * * Department of Commerce (a) Office of the Administrator. * * * § 294.501 Examinations. Section 213.3314 is amended to show (4) Four Confidential Assistants to * * * * * that one additional position of Confi­ the Assistant Administrator. * * * * * (b) The names of applicants for civil dential Assistance to the Director, Office service positions or eligibles on civil of Minority Business Enterprise, is ex­ (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR service registers, certificates, employment cepted under schedule C. 1954-58 Comp., p. 218) lists, or other lists of eligibles, or their Effective on publication in the F ed­ U nited S tates Civil Serv­ ratings, or relative standings are not eral R egister (9-15-71), subparagraph ice Commission, information available to the public. (17) of paragraph (a) i- amended under [ seal] J ames C. S pr y , (5 U.S.C. sec. 552) § 213.3314 as set out below. Executive Assistant § 213.3314 Department of Commerce. to the Commissioners. U nited S tates Civil S erv­ ice Commission, oc (a) Office of the Secretary. * * * [FR D .71-13535 Filed 9-14r-71;8:46 am] [ seal] J ames C. S pr y , (17) Three Confidential Assistants to Executive Assistant the Director, Office of Minority Business PART 213— EXCEPTED SERVICE to the Commissioners. Enterprise. [FR Doc.71-13532 Filed 9-14^71;8:46 am] * * * * * Export-Import Bank of the United (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR States 1954-58 Comp., p. 218) Section 213.3342 is amended to show U nited S tates Civil S erv­ that one position of Private Secretary to Title 7— AGRICULTURE ice Commission, the Senior Vice President for Exporter Credits, Guarantees and Insurance is ex­ Chapter I— Consumer and Marketing [ seal] J ames C. S pr y, Service (Standards, Inspections, Executive Assistant to cepted under schedule C. the Commissioners. Effective on publication in the F ederal Marketing Practices), Department of R egister (9-15-71), paragraph (i) is Agriculture [FK Doc.71-13533 Filed 9-14-71;8:46 am] added to § 213.3342 as set out below. PART 42— STANDARDS FOR CONDI­ § 213.3342 Export-Import Bank of the TION OF FOOD CONTAINERS PART 213— EXCEPTED SERVICE United States. Small Business Administration * * * * * Miscellaneous Amendments (i) One Private Secretary to the Section 213.3332(a) is amended to Under authority contained in the Agri­ Senior Vice President for Exporter Cred­ cultural Marketing Act of 1946, as show a change in the title of the position its, Guarantees and Insurance. of Associate Administrator for Invest­ amended (7 U.S.C. 1621 et seq.), the U.S. ment to Associate Administrator for Op­ (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR Department of Agriculture hereby erations and Investment. Paragraph (a) 1954-58 Comp., p. 218) amends the Standards for Condition of Food Containers (7 CFR Part 42) as set of § 213.3332 is amended as set out below. U nited S tates Civil S erv­ forth below: ice Commission, § 213.3332 Small Business Administra­ Statement of considerations. On March tion. [seal] J ames C. S pr y , Executive Assistant 27, 1971, a rule making proposal was is­ (a) One Deputy Administrator, the to the Commissioners. sued to provide for broader application Associate Administrator for Operations of the Standards for Condition of Food and Investment, the Associate Admin­ [FR Doc.71-13534 Filed 9-14-71;8:46 am] Containers and clarification of some sec­ istrator for Financial Assistance, and tions of this document. Eleven comments the Associate Administrator for Pro­ PART 294— AVAILABILITY OF were received by the Hearing Clerk on curement and Management Assistance. OFFICIAL INFORMATION the proposal. The comments were con­ cerned with (1) suggestions to change * * * * * Places Where Information May Be (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR the defect classification for “Dirty, 1954-58 Comp., 218) Obtained, and Examinations stained, or smeared containers” from “Minor to major” and (2) an objection U nited S tates Civil Serv­ Part 294 is amended in two respects, i.e., (1) to explain in § 294.105(c) where to giving one person the authority to ice Commission, decide whether or not the request for an [seal] J ames C. S pr y , information available to the public may be obtained, and (2) to delete from appeal inspection is frivolous. The De­ Executive Assistant to partment sees no hazard from dirt or the Commissioners. § 294.105(b) a reference to a disclosure provision in the Commission’s Admin­ stains to product in a closed, intact con­ [FR Doc.71-13536 Filed 9-14-71;8:46 am] istrative Manual made obsolete by the tainer. “Minor defect” is defined as “a enactment of the Postal Reorganization defect that materially affects the ap­ pearance of the container but is not likely PART 213— EXCEPTED SERVICE Act. The amended regulatory provisions read as follows: to affect the usability of the container General Services Administration for its intended purpose.” Changing the § 294.105 Places where information defect to “Major” would be unduly re­ Section 213.3337 is amended to show may be obtained. strictive. The suggestion to change the that one additional position of Confi­ ***** appeal provision is reasonable since more

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 No. 179—Pt. I----- 2 18456 RULES AND REGULATIONS than one person could be involved in a or grading services requests that filled acceptance (Ac) and rejection (Re) decision as to whether an appeal request primary containers or shipping cases, numbers in the sampling plan. is frivolous. Therefore, in § 42.108(f) (3) or both, be certified for condition. Un­ ♦ * * * * the second sentence which reads in part less the request for certification specif­ “When it appears to the official with 7. In § 42.108, paragraph (d) (1) (iii) ically asks that only the primary is deleted and the introductory text of whom an appeal request is filed that container or only the shipping case be * * *” is changed to read “when it ap­ paragraph (d), the introductory text examined, both containers will be in paragraph (d)(1), paragraph (d)(4), pears that * * *”. Otherwise, after care­ examined. ful consideration of all comments the and paragraph (e) are amended and a * * * x * * new paragraph (f) is added to read, Department has decided to promulgate respectively: the amendments as proposed. 3. Paragraph (a) of § 42.104 is The amendments are as follows: amended to read: § 42.108 Normal, tightened, or reduced 1. In § 42.102, the following definitions § 42.104 Sampling plans and defects. inspection. are amended to read: (a) Sampling plans. Sections 42.109 4: 4: * * * § 42.102 Definitions, general. through 42.111 show the number of con­ (d) Switching rules: The normal in­ * * * * * tainers to examine for condition in rela­ spection procedure shall be followed ex­ cept when conditions in subparagraph Lot. A collection of filled food con­ tion to lot size ranges. The tables provide acceptance (Ac) and rejection (Re) (1) or (3) of this paragraph are applica­ tainers of the same size, type, and style. ble or unless otherwise specified. Applica­ The term shall mean “inspection lot,” numbers for lot acceptance (or rejec­ tion) based on the number, class, and tion of the following switching rules will i.e., a collection of units of product from be restricted to the inspection of lots for which a sample is to be drawn and in­ type of defects present in the sample. * 4c 4e 4s * one applicant at a single location (plant, spected to determine conformance with warehouse, etc.), and will be based upon the applicable acceptance criteria. An in­ 4. Paragraph (a) (5) and (c) (2) of records of original inspections of lots spection lot may differ from a collection § 42.105 are amended to read, respec­ (excluding resubmitted lots) at that of units designated as a lot for other tively: same location. purposes (e.g., production lot, shipping lot, etc.). § 42.105 Basis for selection of sample. (1) Normal inspection to reduced in­ Operating characteristic curve ((OC) (a) Identification of lot. * * * spection. When normal inspection is in curve). A curve that gives the probability (5) The inspection status (normal,effect, reduced inspection shall be insti­ of acceptance as a function of a specific tightened, or reduced). tuted providing that reduced inspection is considered desirable by the Adminis­ lot quality level. It shows the discrim­ * 4 : * * 4: trator and further provided that all of inatory power of a sampling plan, i.e., (c) Sample size. * * * how the probability of accepting a lot the following conditions are satisfied for (2) Select the appropriate sample varies with the quality of the containers each class of defect: offered for inspection. size for the corresponding lot size range ***** as indicated in the appropriate column * * * * * headed “Sample Size.” (4) Tightened inspection to normal Primary container. The immediate * * * ♦ * inspection. When tightened inspection is container in which the product is pack­ in effect, normal inspection shall be re­ aged and which serves to protect, pre­ 5. Paragraph (a)(1) of § 42.106 is instituted when five consecutive inspec­ serve, and maintain the condition of the amended to read: tion lots have been considered acceptable product. It may be metal, glass, fiber, § 42.106 Classifying and recording de­ on original inspection. wood, textile, plastic, paper, or any other fects. (e) When the rules require a switch in suitable type of material and may be the inspection status because of one or supplemented by liners, overwraps, or (a) Classifying defects. * * * more classes of defects, all classes of other protective materials. (1) Related defects are defects on adefects shall be inspected under the new Random sampling. A process of select­ single container that are related to a inspection criteria. At the option of the ing a sample from a lot whereby each single cause. If the initial incident caus­ user of the service and when approved unit in the lot has an equal chance of ing one of the defects had not occurred, by the Administrator, such user may elect being chosen. none of the other related defects on the to remain on normal inspection when ♦ ♦ * ♦ * container would be present. As an ex­ qualified for reduced inspection, or on Shipping case. The container in which ample of related defects, a can may be tightened inspection when qualified for the product or primary containers of the a leaker and the exterior may also be normal inspection product are placed to protect, preserve, seriously rusted due to the leakage of (f) Appeal inspection: and maintain the condition of the prod­ the contents. In this »case, the container (1) Appeal request. Any interested uct during transit or storage. The ship­ is scored only once for these two defects party who is not satisfied with the re­ ping case may include strapping, liners since the rust condition can be attri­ sults of a condition inspection on pack­ or other protective material. buted to the leak. Score the container aged food containers, as stated on ah according to whichever condition is the * * - 4= 4c 4c official certificate, may request an appeal most serious. In this example, score as inspection. 2. Paragraph (a) of § 42.103 is a “leaker” (a critical defect) and not amended to read: as “pitted rust” (a major defect). (2) How to file an appeal. A request for an appeal inspection may be made § 42.103 Purpose and scope. * 4e * * 4t orally or in writing. If made orally, writ­ (a) This subpart outlines the proced­ 6. Paragraphs (a) and (c) of § 42.107 ten confirmation may be required. The ure to be used to establish the condition are amended to read: applicant shall clearly state the reasons of containers in lots of packaged foods. for requesting the appeal service and a This subpart shall be used to determine § 42.107 Lot acceptance criteria. description of the product to be appealed. (3) When an application for an ap­ the acceptability of a lot based on speci­ (a) The acceptability of the lot is de­ fied acceptable quality levels and defects peal inspection may be refused. When it termined by relating the number and appears that: (i) The reasons given in referenced in § 42.104 or any alternative class of defects enumerated on the work­ plan which is approved by the Adminis­ the request are frivolous or not substan­ sheet to the acceptance and rejection tial; or (ii) the condition of the contain­ trator. In addition, any other sampling numbers shown in §§ 42.109 through plan in the tables with a larger first ers has undergone a material change 42.111 for the respective sample size since the original inspection; or (iii) the sample size than that indicated by the and Acceptable Quality Level (AQL). lot size range may be specified when ap­ original lot is no longer intact, the appli­ proved by the Administrator. This sub­ * * * * * cant’s request for the appeal inspection part or approved alternative plan will (e) Refer to the appropriate sample may be refused. In such case, the ap­ be applied when a Government agency size and AQL and compare the number plicant shall be promptly notified of the or private user of the C&MS inspection of defects found in the sample with the reason (s) for such refusal.

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 RULES AND REGULATIONS 18457

(4) Who shall perform the appeal. An sustained or was not sustained. Such deleted and in Table I-A, the parentheses appeal inspection shall be performed by certificate shall supersede any previously and wording “(normal inspection)” are a person (s) other than the person who issued certificate for the inspection in­ deleted and the word “Rejest” below the made the inspection being appealed. volved and shall clearly identify the table is changed to read “Reject.” number and date of the superseded cer­ (5) Sampling procedures. The sam­ § 42.110 [Amended] pling plan for an appeal inspection shall tificate. The issuance of the appeal cer­ tificate may be withheld until the previ­ be the next larger sampling plan from 9. In § 42.110, Tables II and II-A, the ously issued certificate and all copies parentheses and wording “ (normal in­ the plan in the table used in the original have been returned when such action is spection) ” and “ (tightened inspection),” inspection. deemed necessary to protect the interest respectively, are deleted. (6) Appeal certificate. Immediately of the Government. 10. In § 42.111, Table III-A, the paren­ after an appeal inspection is completed, § 42.109 [Amended] theses and wording “ (reduced inspec­ an appeal certificate shall be issued to 8. In § 42.109, Table I, the parenthesestion) ” are deleted and Table III is show that the original inspection was and wording “ (normal inspection)” are amended to read: § 42.111 Sampling plans for reduced condition of container inspection, Tables III and III—A; and limit number for reduced inspection, Table III—B. T able III—Sampling P lans F or R educed Condition of Container Inspection

Acceptable quality levels Lot size ranges — Code Number of con­ Type of plan - Sample size 0.16 0.25 0.50 1.0 1.5 2.5 4.0 6.6 10.0 tainers in lot Ac Re Ac Re Ac Re Ac Re Ac Re Ac Re Ac Re Ac Re Ac Re

CAA 6,000 or less...... Single______29 1 2 1 2 1 2 1 2 1 2 2 3 3 4 4 5 5 6 Double;...... 1st..-...... 18 0 2 0^ 2 0 2 0 2 0 2 0 3 1 3 1 4 2 5 2 d ...... 18 Total____ 36 1 2 1 2 1 2 1 2 1 2 2 3 4 5 5 6 6 7 CA 6,001-36,000...... Single...... 84 1 2 1 2 1 2 2 3 3 4 4 5 6 7 9 10 13 14 Double...... 1 s t..._____ 36 0 2 0 2 0 2 0 3 0 4 0 4 0 5 2 7 3 9 2 d ...... 60 Total____ 96 1 2 1 2 1 2 2 3 3 4 4 5 7 8 10 11 15 16 CB Over 36,000...... Single______168 1 2 1 2 2 3 4 5 5 6 7 8 11 12 16 17 23 24 Double______1st..-...... 120 0 2 0 2 0 3 2 5 2 6 3 7 6 10 10 14 14 19 2 d ...... 60

Total____ 180 1 2 1 2 2 3 4 5 5 6 8 9 12 13 17 18 25 26 c c Single...... 315 . 1 2 2 3 3 4 6 7 8 9 13 14 19 20 28 29 41 42 • * * * * * * 11. Tables IV, VI, and VII of § 42.112 are amended to read, respectively: § 42.112 Defects of containers: Tables IV, VI, and VII. T able IV—aIetal Containers

Categories Defects Critical Major Minor

Type or size of container or component parts not as specified - ...... None permitted Closure incomplete, not located correctly or not sealed, crimped, or fitted properly...... 101...... Dirty, stained or smeared container_____ ."____ "...... 20i Key opening metal containers (when required): (a) Key missing.______102______(b) Key does not fit t a b . ______...... 103 .1.1..II” (c) Tab of opening band insufficient to provide accessibility to key______104 ...I.I.Ill (d) Improper scoring (band would not be removed in one continuous strip )..______105 . . . ______Open top with plastic overcap (when required): (a) Plastic overcap m issing...... 106______(b) Plastic overcap warped (making opening or reapplication difficult).______107.1...... 1.1 Outside tinplate or coating (when required): (a) Missing or incomplete...... 202 (b) Blistered, flaked, sagged, or wrinkled...... ;...... 1.1 203 (c) Scratched or scored...... 204 (d) Fine cracks...... I.I.I.II..IIIIIIIII 205 Rust (rust stain confined to the top or bottom double seam or rust that can be removed with a soft cloth is not scored a defect): (a) Rust stain (nonmilitary purchases)...... 206 (b) Rust stain (military purchases)...... •____ 108...... (c) Pitted rust______109...... Wet cans (excluding refrigerated containers)...... I..-...... 207 Dent: (a) Materially affecting appearance but not usability______...... ___ 208 (b) Materially affecting usability...... HO...... Buckle: (a) Not involving end seam...... 209 (b) Extending into the end seam...... "I i i i " ...... Collapsed container.______112...... Paneled side materially affecting appearance but not usability...... 2I0 Solder missing when required______.______. . . I ...... 113...... Cable cut exposing seam ...... ______114...... Improper side seam...... - ...... I ______1.1 115 .11.1” Swell, springer, or flipper (not applicable to gas or pressure packed product nor frozen products)...... 1 ...... Leaker or blown container...... 2 ...... Frozen products only: (a) Bulging ends yia" to W beyond lip...... 211 (b) Bulging ends more than ]4 ." beyond lip...... ______... ______116 ......

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18458 RULES AND REGULATIONS

T able VI—R igid and Semirigid Containers—Corrugated or Solid F iberboabd, Chipboard, Wood, E tc: (Excluding Glass and Metal)

Categories Defects ‘ ------Critical Major Minor

Type or size of container or component parts not as specified-...... None permitted Component part missing...... —...... 101 ______... Closure not sealed, crimped, or fitted properly: (a) Primary c o n ta in e r...... -•...... *•... 102...... (b) Other than primary container...... ------...... _...... 201 Dirty, stained, or smeared container.______202 Wet or damp (excluding ice packs): (a) Materially affecting appearance but not usability...... |...... 203 (b) Materially affecting usability...______103...... Moldy area______J ...... - 1 ______Crushed or tom area: (a) Materially affeeting appearance but not usability______204 (b) Materially aflecting usability------104 |______Separation of lamination (corrugated fiberboard): (a) Materially aflecting appearance but not usability..------205 (b) Materially aflecting usability______——- ______105______Product sifting or leaking...... 106 ...... Nails or staples (when required): (a) Not as required, insufficient number or improperly positioned...... 206 (b) Nails or staples protruding...... 107------Glue or adhesive (when required); not holding properly not covering area specified, or not covering sufficient area to hold properly: (a) Primary container______108 ...... (b) Other than primary container...... 207 Flap: (a) Projects beyond edge of container more than A inch...... 208 ■< (b) Does not meet properly, allowing space of more than lA inch-______209 Sealing tape or strapping (when required): (a) Missing...------109...... (b) Improperly placed or applied______...... —------: .. ----- 210

T able V II—F lexible Containers (Plastic, Cello, P aper, T extile, etc.)

Categories Defects ------Critical Major Minor

Type or size of container or component parts not as specified------None permitted Closure not sealed, crimped, stitched, or fitted properly: (a) Primary container------—...... 101...... (b) Other than primary container------201 D irty, stained, or smeared container...... '.------1...... 202 Unmelted gels in p lastic...... —------203 Torn container: (a) Materially aflecting appearance but not usability...... ------204 (b) Materially aflecting usability...... 102 ...... Product sifting or leaking. ------103...... Moldy a re a ...... 1 ------Individual packages sticking together or to shipping case (tear when separated)...... 104------Not fully covering product------105------Wet or damp (excluding ice packs): (a) Materially aflecting appearance but not usability...... 205 (b) Materially affecting usability______1------106 ...... — Overwrap (when required): (a) Missing...... — ...... 107 . . . . ------(b) Loose, not sealed or closed______— ------206 (c) Improperly applied...... - -—...... -•------207 Sealing tape, strapping or adhesives (when required): (a) Missing...... 10 8------(b) Improperly placed, applied, torn, or wrinkled.------...... 208 Tape over bottom and top closures (when required): (a) Not covering stitching------109 ------(b) Torn (exposing stitching)------HO------(c) Wrinkled (exposing stitching)______—-...... — - 11 1 ...... ----- (d) Not adhering to bag: 1. Exposing stitching..------112...... 2. Not exposing stitching______------209 . (e) Improper placement______-----...... —...... —- ...... 210

12. In § 42.115, “Reduced and Normal amended by changing the title N4 to read Inspection Plans” for AQL=0.25 are N and R4 and OC Curves N4 are amended amended by changing the title N5 to to read N and R4 whenever they appear, read N and R5 and OC Curve N5 is respectively, and; the sampling plan and amended to read N and R5; Reduced and OC Curves chart for Reduced and Nor- Normal Inspection Plans AQL’s=0.50, mal Inspection Plans for AQL=0.15 are 1.00, 1.50, 2.50, 4.00, 6.50, and 10.00 are amended to read:

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 RULES AND REGULATIONS 18459

§ 42.115 Operating Characteristic (OC) Curves.

. R educed and Normal Inspection P lans

Sampling P lans and Operating Characteristic (OC) Curves for AQL-0.15 Defects .per Hundred Units [Sampling plans—AQL-0.15]

Identification number of OC curve

sampling N7 N8 plans R1 R2 R3 R4 N4 N5 N6

Ac Re ne Ac Re n. Ac Re nc Ac Re n0 Ac Re nc Ac Re n0 Ac Re nc Ac Re n« Ac Re no

3 4 1250 4 5 Single 29 1 2 84 1 2 126 0 1 315 1 2 168 1 2 264 1 2 500 2 3 800 120 0 2 174 0 2 262 0 3 456 0 4 Double 18 0 2 36 0 2 864 3 4 36 1 2 96 1 2 180 1 2 336 1 2 540 2 3

OC CURVES - AQL = 0.15 Chapter IX— Consumer and Marketing Service (Marketing Agreements, and Orders; Fruit, Vegetables, Nuts), Department of Agriculture [Lemon Reg. 496, Arndt. 1] PART 910— LEMONS GROWN IN CALIFORNIA AND ARIZONA Limitation of Handling (a) Findings. (1) Pursuant to the marketing agreement, as amended, and Order No. 910, as amended (7 CPR Part 910; 36 P.R. 9061), regulating the han­ dling of lemons grown in California and Arizona, effective under the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), and upon the basis of the recommendations and information submitted by the Lemon Administrative Committee, established under the said amended marketing agreement and or­ der, and upon other available informa­ tion, it is hereby found that the lim­ itation of handling of such lemons, as hereinafter provided, will tend to effec­ tuate the declared policy of the act. (2) It is hereby further found that it is impracticable and contrary to the public interest to give preliminary notice, engage in public rule-making pro­ cedure, and postpone the effective date of this amendment until 30 days after publication hereof in the F e d e r a l R e g i s ­ t e r (5 U.S.C. 553) because the time inter­ vening between the date when informa­ tion upon which this amendment is based became available and the time when this amendment must become effective in order to effectuate the declared policy of the act is insufficient, and this amend­ ment relieves restriction on the handling of lemons grown in California and Ari­ zona. . (b) Order, as amended. The provision in paragraph (b)(1) of § 910.796 (Lemon Reg. 496,36 F.R. 17816) during the period U. S. DEPARTMENT OF AGRICULTURE NEG. C&MS 119-70 [9) CONSUMER ANO MARKETING SERVICE September 5,1971, through September 11, Done at Washington, D.C., this 8th day of September 1971, to become effective 1971, is hereby amended to read as on November 1,1971. follows: G. R . G range, Deputy Administrator, Marketing Services. § 910.796 Lemon Regulation 496. [FR Doc.71-13410 Filed 9-14-71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18460 RULES AND REGULATIONS

(b) Order. (1) * * * 230,844 cartons. quiring a person of distinguished merit professional nursing in the country * * • * * and ability within the meaning of sec­ where he obtained his medical or nursing tion 101(a) (15) (H) (i) of the Act, the education, or that such education was ob­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) district director shall give consideration tained in the United States or Canada, or % but shall not be limited to evidence of that he is a physician who successfully Dated: September 10,1971. the following factors, and where neces­ passed the examination given by the sary may require the submission of evi­ Educational Council for Foreign Medical P aul A. Nicholson, dence in support of all or any of these Graduates; also, a statement from the Acting Director, Fruit and Vege­ factors: Whether the alien has per­ petitioner certifying whether to the best table Division, Consumer and formed and will perform as a star or of the petitioner’s information and belief Marketing Service. featured entertainer, as evidenced by the beneficiary is fully qualified under [PR Doc.71-13586 Piled 9-14-71;8:50 am] playbills, critical reviews, advertisements, the laws governing the place of intended publicity releases, averments by the peti­ employment to perform the desired serv­ tioner, and contracts; the acclaim which ices, whether under those laws the peti­ the entertainer has achieved, as evi­ tioner is authorized to employ the bene­ Title 8— ALIENS AND denced by reviews in newspapers, trade ficiary to perform such services, and journals, and magazines; the reputation whether under those laws the beneficiary NATIONALITY of theaters, concert halls, night clubs, is permitted to substantially perform the and other establishments in which the services. If the laws governing the place Chapter I— Immigration and Naturali­ entertainer has appeared and will ap­ where the services will be performed zation Service, Department of pear; the reputation of repertory com­ place any limitations on the services to Justice panies, ballet groups, orchestras, or other be rendered by the beneficiary the state­ productions in which he has performed; ment should contain details as to the PART 214— NONIMMIGRANT the extent and number of commercial limitations. The district director shall CLASSES successes of his performances, as evi­ consider any such limitations in deter­ Nonimmigrants; Temporary denced by such indicia as box office mining whether the services which the grosses and record sales reported in beneficiary would perform are of an ex­ Employees trade journals and other publications; ceptional nature requiring a person of The following amendments to Chapter the salary and other remunerations he distinguished merit and ability. I of Title 8 of the Code of Federal Regu­ has commanded and now commands for (iv) Accompanying aliens. Managers, lations are hereby prescribed: his performances, as evidenced by con­ trainers, musical accompanists, and 1. Subparagraph (1) Petitions of para­ tracts; whether the alien has been the other persons determined by the district graph (h) Temporary employees of recipient of national, international, or director to be necessary for successful § 214.2 Special requirements for admis­ other significant awards for his perform­ performance by the beneficiary of a peti­ sion, extension, and maintenance of ances; the opinions of unions, other or­ tion approved for classification under status is amended by deleting the last ganizations, and recognized critics or section 101(a) (15) (H) (i) of the Act may sentence thereof. other experts in the field in which the also be accorded such classification if 2. Subparagraph (2) Supporting evi­ alien is engaged; whether previous peti­ included in the same or a separate dence of paragraph (h) Temporary em­ tions filed in behalf of the alien seeking petition ployees of § 214.2 Special requirements his services in a similar capacity have 3. Existing subparagraphs (3) Admis­ for admission, extensión, and mainte­ been properly approved by the Service sion, employment, and extension and (4) nance of status is amended to read as and, if so, whether there have been any Special classes of paragraph (h) Tempo­ follows: changes in circumstances affecting the rary employees of § 214.2 Special re­ (2) Petition for alien of distinguished alien’s classifiability as a person of dis­ quirements for admission, extension, and merit and ability— (i) General. A peti­ tinguished merit and ability. When ad­ maintenance of status are redesignated tioner seeking to accord an alien a classi­ judicating a petition to accord classifica­ as subparagraphs (7) and (8), respec­ fication under section 101(a) (15) (H) (i) tion under section 101(a) (15) (H) (i) of tively, and new subparagraphs (3), (4), of the Act shall annex to the petition the Act to an alien entertainer, the dis­ and (6) are added to read as follows: documentation, certifications, affidavits, trict director may consult unions, other (3) Petition for alien to perform other degrees, diplomas, writings, reviews, and organizations, and recognized critics and temporary service or labor— (i) Labor any other evidence attesting to the fact other experts in the relating entertain­ certification. Either a certification from that the beneficiary is a person of dis­ ment field. Such consultation shall be the Secretary of Labor or his designated tinguished merit and ability and that for the purpose of obtaining the advisory representative stating that qualified per­ the services the beneficiary is to perform opinion of the organization or person sons in the United States are not avail­ require a person of such merit and ability. consulted with regard to the qualifica­ able and that the employment of the School records, diplomas, and similar tions of the alien and the nature of the beneficiary will not adversely affect the documentation submitted must reflect services to be performed by the alien. The wages and working conditions of work­ periods of attendance, courses of study,, advisory opinion shall be submitted in ers in the United States similarly em­ and similar pertinent data. Affidavits writing, and shall include a detailed reci­ ployed, or a notice that such a certifica­ submitted by present or former em­ tation of the facts and data considered tion cannot be made, shall be attached ployers or recognized experts certifying in rendering the opinion, except that it to every nonimmigrant visa petition to to the expertise of the beneficiary shall shall be furnished orally, subject to later accord an alien a classification under be in sufficient detail to be self-explana­ confirmation in writing, when requested section 101(a) (15) (H) (ii) of the Act. A tory concerning the beneficiary’s experi­ in a case deemed by the district director certification by the Employment Service ence and ability, and must set forth the to be of an emergent nature; signed by of the Territory of Guam will be ac­ manner in which the affiant acquired a duly authorized and responsible official cepted in lieu of that issued by the Sec­ such information. Copies of any written of any union or other organization con­ retary of Labor or his designated repre­ contracts between the petitioner and sulted, and submitted to the district di­ sentative in connection with a petition beneficiary, or a summary of the verbal rector on or before the date fixed by him, for employment of laborers in Guam. If contract or agreement under which the which shall not exceed 15 days from the there is attached to the petition a notice beneficiary will be employed if there is no date on which the opinion was requested. from the Secretary of Labor or his desig­ written contract, shall also be annexed to (iii) Physicians and nurses. A peti­nated representative that certification the petition. tioner seeking to accord a physician or cannot be made, the petitioner shall be (ii) Entertainers. In determining nurse a classification under section permitted to present countervailing evi­ whether an alien entertainer may be con­ 101(a) (15) (H) (i) of the Act shall attach dence that qualified persons in the sidered to be of distinguished merit and to the petition evidence that the bene­ United States are not available and that ability or whether the services to be per­ ficiary has obtained a full and unre­ the employment policies of the Depart­ formed are of an exceptional nature re- stricted license to practice medicine or ment of Labor have been observed. All

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 RULES AND REGULATIONS 18461

such evidence submitted will be consid­ whether under those laws the petitioner 1962 (21 U.S.C. 111-113, 114g, 115, 117, ered in the adjudication of the petition. is authorized to give the beneficiary the 120, 121, 123-126, 134b, 134f). Part 76, (ii) Multiple beneficiaries. When the desired training. Title 9, Code of Federal Regulations, re­ petitioner seeks the services of more * * * * * stricting the interstate movement of than one beneficiary and all the benefi­ (6) Decision. In adjudicating the pe­swine and certain products because of ciaries are not included in a single certi­ tition, the district director shall con­ hog cholera and other communicable fication, a separate visa petition must be sider all the evidence submitted, and swine diseases, is hereby amended in the submitted for the beneficiary or benefi­ such other evidence as he may independ­ following respects: In § 76.2, in paragraph (e) (4) relating ciaries covered in each certification. ently require or procure to assist his (iii) Statement of need. A statement adjudication. If an adverse decision is to the State of Texas, subdivision (v) shall be furnished with the visa petition proposed on the basis of any evidence relating to Leon County is deleted. describing in detail the situation or con­ not submitted by the petitioner, he shall (Secs. 4-7.23 Stat. 32, as amended, secs. 1 ditions which make it necessary to bring be so notified before a final decision is and 2, 32 Stat. 791-792, as amended, secs. the alien to the United States, and 1-4, 33 Stat. 1264, 1265, as amended, sec. made and invited to inspect and rebut 1, 75 Stat. 481, secs. 3 and 11, 76 Stat. 130, whether the need is temporary, seasonal, such evidence. The petitioner shall be or permanent; if temporary or seasonal, 132; 21 U.S.C. 111-113, 114g, 115, 117, 120, 121, notified of the decision and, if the pe­ 123-126,134b, 34Í; 29 F.R. 16210, as amended) the statement shall indicate whether the tition is denied, of the reasons therefor situation or conditions are expected to be and of his right to appeal in accordance Effective date. The foregoing amend­ recurrent. with the provisions of Part 103 of this ment shall become effective upon (4) Petition for alien trainee— (i) chapter. A denial decision of the district issuance. General. In addition to purely industrial director shall set forth the pertinent The amendment excludes Leon Coun­ establishments, an individual, organiza­ facts adduced from the evidence con­ ty, Tex., from the areas quarantined be­ tion, firm, or other trainer may petition sider and give the specific reasons for cause of hog cholera. Therefore, the for nonimmigrant trainees on Form the decision in the light of the facts restrictions pertaining to the interstate I-129B for the purpose of giving instruc­ and the relating provisions of section movement of swine and swine products tion or training in agriculture, com­ 101(a) (15) (H) of the Act. from or through quarantined areas as merce, finance, government, transporta­ contained in 9 CFR Part 76, as amended, tion, and the professions. (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) will not apply to the excluded area, but (ii) Productive employment. The This order shall be effective on the will continue to apply to the quarantined source of any remuneration received by date of its publication in the F ederal areas described in § 76.2(e). Further, the a trainee and whether or not any benefit R egister (9-15-71). Compliance with restrictions pertaining to the interstate will accrue to the petitioner are not ma­ the provisions of section 553 of title 5 movement of swine and swine products terial, but a trainee shall not be per­ of the United States Code (80 Stat. 383) from nonquarantined areas contained in mitted to engage in productive employ­ as to notice of proposed rule making and said Part 76 will apply to the excluded ment if such employment will displace a delayed effective date is unnecessary in area. No areas in Leon County, Tex., re­ U.S. resident. A hospital approved by the this instance and would serve no useful main under the quarantine. American Medical Association or the purpose because the amendments to The amendment relieves certain re­ American Osteopathic Association for § 214.2(h) are editorial in nature, in that strictions presently imposed but no either an internship or residence pro­ existing material is redesignated, re­ longer deemed necessary to prevent the gram may petition to classify as a trainee positioned, and provided subtitles, ex­ spread of hog cholera, and must be made a medical student who will engage in cept that the addition of subparagraphs effective immediately to be of maximum employment as an extern during his (2) (iii) and (4) (iv) confers benefits on benefit to affected persons. It does not medical school vacation. persons affected thereby providing for appear that public participation in this (iii) Description of training. There the filing of visa petitions seeking to ac­ rule making proceeding would make ad­ shall be attached to each petition for a cord physicians and nurses, in certain ditional relevant information available trainee a statement describing the type instances, classification under, sections to this Department. Accordingly, under of training to be given, the position or 101(a) (15) (H) (i) and (iii) of the Im­ the administrative procedure provisions duties for which the beneficiary is to be migration and Nationality Act, as in 5 U.S.C. 55S, it is found upon good trained, and whether such training can amended. cause that notice and other public pro­ be obtained outside the United States. cedure with respect to the amendment There shall be Included an explanation Dated: September 9,1971. are impracticable and unnecessary, and as to the need for the trainee to be R aymond F . F arrell, good cause is found for making it effec­ trained in the United States. Commissioner of tive less than 30 days after publication in (iv) Physicians and nurses. A peti­ Immigration and naturalization. the F ederal R egister. tioner may seek a classification under [PR Doc.71-13554 Piled 9-14-71;8:48 am] Done at Washington, D.C., this 10th section 101(a) (15) (H) (iii) of the Act for day of September 1971. a physician or nurse who is not qualified for classification under section 101(a) F . J . Mulhern, (15) (H) (i) of the Act, who is coming Title 9— ANIMALS AND Acting Administrator, to the United States for training in Agricultural Research Service. furtherance of his carrer abroad in [PR Doc.71-13559 Piled 9-14-71,8:49 am] medicine or nursing. The petitioner ANIMAL PRODUCTS shall attach to the petition evidence that Chapter I— Agricultural Research the beneficiary has obtained a full and Service, Department of Agriculture unrestricted license to practice medicine SUBCHAPTER C— INTERSTATE TRANSPORTATION Title 14— AERONAUTICS or professional nursing in the country OF ANIMALS AND POULTRY where he obtained his medical or nurs­ AND SPACE ing education, or that such education [Docket No. 71-592] was obtained in the United States or Chapter I— Federal Aviation Adminis­ PART 76— HOG CHOLERA AND tration, Department of Transportation Canada, or that he is a physician who OTHER COMMUNICABLE SWINE successfully passed the examination [Docket No. 9279; Amdt. 39-1292] given by the Educational Council for DISEASES Foreign Medical Graduates; also, a Areas Quarantined PART 39— AIRWORTHINESS statement from the petitioner certifying DIRECTIVES whether to the best of the petitioner’s Pursuant to provisions of the Act of information and belief the beneficiary May 29, 1884, as amended, the Act of British Aircraft Corporation Model is fully qualified under the laws govern­ February 2, 1903, as amended, the Act BAC 1—11 200 Series Airplanes ing the place where the training will be of March 3,1905, as amended, the Act of Amendment 39-687 (33 F.R. 17895), received to engage in such training, and September 6,1961, and the Act of July 2, AD 68-25-1, as amended by Amendment

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18462 RULES AND REGULATIONS

39-910 (35 F.R. 144), requires periodic (e) If a saddle bracket assembly is found crease the 1,350 landing interval to per­ visual inspection of the main landing to have cracks in the top closing plate, mit compliance at established inspection gear door jack attachment saddle bracket P/N AB27-12079, which exceed the accept­ able limits defined in BAC 1-11 Alert Service intervals if the operator provides justifi­ at Station 575 in the main landing gear Bulletin No. 53-A-PM3620, Issue 2, dated cation for the increase. ’ Commentator bay for cracks or damage and replace­ March 4, 1971, or is found to have cracks further requested that the AD include ment of saddle brackets which have or damage to any other part of the as­ a clause providing for ferry flight to a cracks or damage exceeding the accepta­ sembly during an inspection required by maintenance base in accordance with ble limitations defined in BAC 1-11 Alert paragraph (c ), before further flight either— FAR 21.197. The FAA has determined Service Bulletin 53-A-PM3620, to prevent (1) Replace the affected saddle bracket that such a provision will not adversely failure of the bracket which could result assembly with a serviceable assembly of the affect safety, and it has been included in the undercarriage door striking the same part number; or—■ in the AD. In addition, minor editorial runway. The initial inspection is required (2) Replace the affected saddle bracket assembly with a serviceable assembly incor­ changes which clarify the compliance only after the accumulation of 12,000 porating BAC Modification PM3620. requirements of the directive have been landings on a saddle bracket. After issu­ (f) The repetitive inspections required by made. Since these changes are a relaxa­ ing Amendment 39-910, the FAA has re­ paragraphs (a) and (b) may be discontinued tion of the requirements of the proposed ceived a report of a saddle bracket fail­ after compliance with paragraph (e) (2). directive, or provide clarification of those ing after the accumulation of only 9,190 (g) Upon request of the operator, an requirements, further notice and public landings. Therefore, the AD is being FAA maintenance inspector, subject to prior procedure thereon are not required. superseded by a new AD that requires approval of the Chief, Aircraft Certification In consideration of the foregoing, and that the initial inspection be performed Staff, FAA Europe, Africa, and Middle East pursuant to the authority delegated to before the accumulation of 9,000 land­ Region may adjust the repetitive inspection intervals specified in this AD to permit me by the Administrator (14 CFR 11.89), ings or within the next 25 landings, compliance at an established inspection § 39.13 of Part 39 of the Federal Aviation whichever occurs later. In addition, the period of the operator if the request contains Regulations is amended by adding the new AD provides a clarification of the substantiating data to justify the increase following new airworthiness directive: repairs required before the repetitive in­ for that operator. B r itish Aircraft Corp. Applies to Model BAC spections may be discontinued. 1-11 200 and 400 series airplanes. In view of the possible seriousness of This supersedes Amendment 39-687 a saddle bracket failure, a situation (33 F.R. 17895), AD 69-25-1, as amended Compliance is required as indicated. by Amendment 39-910 (35 F.R. 144). To prevent possible failures of the flap exists that requires immediate adoption system secondary drive shafts at the track- of this regulation and it is found that This amendment becomes effective September 20, 1971. side support bearing assemblies, accomplish notice and public procedure hereon are the following at each bearing assembly (eight impracticable and good cause exists for (Secs. 313(a), 601, 603, Federal Aviation Act per airplane) which has not had British Air­ making this amendment effective in less of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. craft Corp. Modification PM 4642 incorpo­ than 30 days. 6 (c), Department of Transportation Act, 49 rated: In consideration of the foregoing, and U.S.C. 1655(c)) (a) For each bearing assembly, within the pursuant to the authority delegated to me next 1,000 landings after the effective date Issued in Washington, D.C., on Sep­ of this AD, or before the accumulation of by the Administrator (14 CFR 11.89), tember 8, 1971. 4,000 landings, whichever occurs later, and § 39.13 of Part 39 of the Federal Aviation thereafter at intervals not to exceed 1,350 Regulations is amended by adding the J ames F . R udolph, landings from the last inspection, visually following new airworthiness directive: Director, Flight Standards Service. inspect the bearing assembly for end float in accordance with British Aircraft Corp. Model B ritish Aircraft Corporation. Applies to [FR Doc.71-13547 Filed 9-14-71; 8:47 am] Model BAC 1-11 200 series airplanes. BAC 1-11 Alert Service Bulletin No. 27-A-PM 4642, dated September 28, 1970, or an FAA- Compliance is required as indicated. [Docket No. 11134; Arndt. 39-1293] approved equivalent. To prevent failure of the saddle bracket (b) If the bearing assembly end float is structure located at Station 575 in the main PART 39— AIRWORTHINESS found to exceed 0.050 inch during an inspec­ landing gear bay, accomplish the following: DIRECTIVES tion required by this AD and— (a) For airplanes with saddle bracket as­ (1) The four alternate locking tabs have semblies with 9,000 or more landings on the British Aircraft Corp. Model BAC 1—11 not been bent over, before further flight, ex­ effective, date of this AD, within the next 25 200 and 400 Series Airplanes cept that the airplane may be flown in ac­ landings after the effective date of this AD, cordance with FAR 21.197 to a base where the unless already accomplished within the last A proposal to amend Fart 39 of the repair can be performed, comply with para­ 175 landings, and thereafter at intervals not Federal Aviation Regulations to include graph (c), (d), or (e). to exceed 200 landings from the last inspec­ an airworthiness1 directive requiring peri­ (2) The four alternate tabs have been bent tion, inspect the saddle bracket amenably in over, before further flight, except that the accordance with paragraph (c). odic inspections of the trackside support airplane may be flown in accordance with (b) For airplanes with saddle bracket bearing assemblies of the flap system FAR 21.197 to a base where the repair can be assemblies with less than 9,000 landings on secondary drive shafts and correction of performed, comply with paragraph (d) or the effective date of this AD, within the next excessive end float pending installation (e). 25 landings after the effective date of this of modified bearing assemblies on British (c) Bend over the four alternate locking AD, or before the accumulation of 9,000 land­ Aircraft Corp. Model BAC 1-11 200 and tabs of the affected bearing assembly in ac­ ings on the saddle bracket assembly, which­ 400 series airplanes was published in the cordance with paragraph 2.1.3 of British Air­ ever occurs later, unless already accomplished craft Corp. Model BAC 1-11 Alert Service F ederal R egister (36 F.R. 11522). within the last 175 landings, and thereafter Bulletin No. 27-A-PM 4642, dated Septem­ at intervals not to exceed 200 landings from Interested persons have been afforded ber 28, 1970, or an FAA-approved equivalent. the last inspection, inspect the saddle bracket an opportunity to participate in the Repeat the inspection specified in paragraph assembly in Accordance with paragraph (c). making of the amendment. The only (a) on the affected bearing assembly at in­ (c) Visually inspect the main landing gear comment received requested that the tervals not to exceed 1,350 landings from the door jack attachment saddle bracket as­ proposed 1,350 landing interval between last inspection, sembly for cracks or damage in accordance inspections, be changed to either 1,000 (d) Overhaul the affected bearing assem­ with BAC 1-11 Alert Service Bulletin No. 53- landings or 1,500 landings to conform to bly by replacing the fork end, bushings, A-PM3620, Issue 2, dated March 4, 197J., commentators operating environment thrust washers, and retaining ring with or an FAA-approved equivalent. serviceable parts of the same part number. (d) If a saddle bracket assembly is and maintenance program. It should be Before the accumulation of a total of 4,000 found to have cracks only in the top clos­ noted that the proposed airworthiness landings on the overhauled bearing assem­ ing plate, P/N AB27-12079, and the cracks directive (AD) requires the inspections bly and thereafter at intervals not to exceed do not exceed the acceptable limits defined to be performed at intervals not to ex­ 1,350 landings from the lost inspection, re­ in BAC 1-11 Alert Service Bulletin No. 53— ceed 1,350 landings and that the interval peat the inspection specified in paragraph A-PM3620, Issue 2, dated March 4, 1971, dur­ may be adjusted to permit compliance at (a). ing an inspection required by paragraph (c ), an established inspection period of an (e) Replace the affected bearing assembly before further flight repair the saddle bracket operator. Thus the proposed AD permits with a serviceable bearing assembly which assembly in accordance with paragraph 3.1 has BAC Modification PM 4642 incorporated. of that service bulletin or an FAA-approved operators to inspect at any landing (f) Operators who have not kept records equivalent, or comply with paragraph (e). interval up to 1,350 landings and to in­ of the number of landings accumulated on

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 RULES AND REGULATIONS 18463 individual bearing assemblies sihall substi­ Issued in Washington, D.C., on Interested persons were afforded an tute airplane landings in lieu thereof. September 8,1971. - opportunity to participate in the rule (g) For the ^purpose of complying with making through submission of comments. J ames F . R udolph, this AD, subject to acceptance by the as­ Director, All comments received were favorable. signed FAA Maintenance Inspector, the num­ Flight Standards Service. In consideration of the foregoing, Part ber of landings may be determined by divid­ 71 of the Federal Aviation Regulations is ing each airplane’s hours’ time in service by [FR Doc.71-13548 Filed 9-14r-71;8:47 am] amended, effective 0901 G.m.t., Novem­ the operator’s fleet average time from takeoff ber 11, 1971, as hereinafter set forth. to landing for the BAC 1-11 airplane. [Airspace Docket No. 71-SW-42] In § 71.181 (36 F.R. 2140), the Bates­ (h) Upon request of the operator, an FAA PART 71 — DESIGNATION OF FEDERAL ville, Ark., 700-foot transition area is Maintenance Inspector, subject to prior AIRWAYS, AREA LOW ROUTES, amended to read: approval by the Chief, Aircraft Certification CONTROLLED AIRSPACE, AND RE­ B atesville, Ar k . Staff, FAA Europe, Africa, and Middle East PORTING POINTS Region may adjust the repetitive inspection That airspace extending upward from 700 intervals specified in this AD to permit com­ feet above the surface within a 12-mile radius Alteration of Transition Area of the Batesville Regional Airport (latitude pliance at an established inspection period of 35°43'50" N., longitude 91°38'25” W.). the operator if the request contains substan­ The purpose of this amendment to Part tiating data to justify the increase for that 71 of the Federal Aviation Regulations is (Sec. 307(a), Federal Aviation Act of 1958, operator. to alter controlled airspace in the Bates- 49 U.S.C. 1348; sec. 6 (c), Department of ville, Ark., terminal area. Transportation Act 49 U.S.C. 1655(c)) This amendement becomes effective On July 30, 1971, a notice of proposed October 15,1971. Issued in Fort Worth, Tex., on Septem­ rule making was published in the F ed­ ber 2, 1971. (Secs. 313(a), 601, 603, Federal Aviation eral R egister (36F.R. 14147) stating the Act of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. Federal Aviation Administration pro­ R . V. R eynolds, 6(c), Department of Transportation Act, 49 posed to alter the Batesville, Ark., 700- Acting Director, Southwest Region. ” U.S.C. 1655(c)) f oot transition area. [FR Doc.71-13549 Filed 9-14-71;8:48 am] Title 24— HOUSING AND HOUSING CREDIT Chapter VII— Federal Insurance Administration, Department of Housing and Urban Development SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM PART 1914— AREAS ELIGIBLE FOR THE SALE OF INSURANCE List of Designated Areas Section 1914.4 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1914.4 List of designated areas. * * * • * * •

Effective date State County Location Map No. State map repository Local map repository of authorization of sale of flood Insurance for area

California...... Los Angeles______Monrovia_____ . . . . I 06 037 2220 05 Department of Water Resources, Post Public Works Department, City of Sept. 10, through Office Box 388, Sacramento, CA Monrovia, 415 South Ivy Ave., 1971. I 06 037 2220 13 95802. Monrovia, CA 91016. California Insurance Department, 107 South Broadway, Los Angeles, CA 90012, and 1407 Market St., San Fran­ cisco, CA 94103. Do...... Kern...... Unincorporated ...... j_...... Do. areas. Maryland...... Prince Georges...- Laurel______... ______...... Do. Massachusetts... Bristol...... Dartmouth______Do. Missouri______Cape Girardeau... Jackson ...______!______Do. New Jersey____ Morris...... Lincoln Park 1 34 027 1690 05 Department of Environmental Protec- Borough Clerk’s Office, Municipal Do. Borough. through tion, Division of Water Resources, Bldg., Lincoln Park, N .J. 07035. I 34 027 1690 08 Box 1390, Trenton, N J 08625. New Jersey Department of Insurance, . State House Annex, Trenton, N .J. 08625. New York...... Nassau______Hempstead...... Do. Oregon...... Josephine ...... Unincorporated 141033 000011 Executive Department, State of Ore- Josephine County Planning Office, Do. areas. through gon, Salem, Oreg. 97310. 130 Northwest B St., Grants Pass, 1 41 033 0000 20 Oregon Insurance Division, Depart- OR 97526. u ment of Commerce, 158 12th St. N E., Salem, OR 97310. v Pennsylvania.'.. Somerset...... Somerset ...... Do. Borough. South Carolina.. Beaufort...... Fort Royal...... Do. ■ Do------Horry______. . . . Surfside Beach...... ,...... Do. West Virginia Logan___ »...... Man...... 154 045 1620 02 West Virginia Insurance Department, Office of the Recorder, City Bldg., Do. 1800 Washington St. East, Charles- Town of Man, Man, W. Va. 25635. ton, WV 25305. Wisconsin..____St. Croix...... North Hudson______Do.

(National Flood Insurance Act of 1968 (title XTTT of the Housing and Urban Development Act of 1968), effective Jan. 28,1969 (33 F.R. 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; ¡Secretary’s delegation of authority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969; and designation of Acting Federal Insurance Administrator effective Aug. 13, 1971,36 F.R. 16701, Aug. 25,1971) Issued: September 14,1971. Charles W . W iecking, Acting Federal Insurance Administrator. [FR Doc.71-13489 Filed 9-14-71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 No. 179—Pt. I- 18464 RULES AND REGULATIONS

PART 1915— IDENTIFICATION OF FLOOD-PRONE AREAS List of Flood Hazard Areas Section 1915.3 is amended by adding in alphabetical sequence a new entry to the table.-which entry reads as follows: 1915.3 List of flood hazard areas. ♦ * ♦ ♦ ♦ * *

Effective date of identification State County Location Map No. State map repository Local map repository of areas which have special flood hazards

* * * * ♦ * * # * * * * * * * * * * : * * * California,_____ Los Angeles______Monrovia,...... H 06 037 2220 05 Department of Water Resources, Post Public Works Department, City of Sept. 18, 1970. thflpugh Office Box 388, Sacramento, CA Monrovia, 415 South Ivy Ave., H 06 037 2220 13 95802. Monrovia, CA 91016. California Insurance Department, 107 South Broadway, Los Angeles, CA 90012, and 1407 Market St., San Francisco, CA 94103. Do...... Kern...... Unincorporated ______...... - Sept. 14, 1971. areas. - Maryland...... Prince Georges____Laurel.------.... ------...... Do. Massachusetts... Bristol...... Dartmouth...... i ------______Do. Missouri...... Cape Girardeau... Jackson______— ...... Do. New Jersey____ Morris...... Lincoln Park H 34 027 1690 05 Department of Environmental Pro- Borough Clerk’s Office, Municipal Oct. 23, 1970. Borough. through tection, Division of Water Resources,' Bldg., Lincoln Park, N.J. 07035. H 34 027 1690 08 Box 1390, Trenton, N J 08625. New Jersey Department of Insurance, State House Annex, Trenton, NJ 08625. New York...... N assau...... Hempstead— , ...... ------%------...... Sept. 14,1971. Oregon...... Josephine...... Unincorporated H 41 033 0000 11 Executive Department, State of Ore- Josephine County Planning Office, Jan. 8,1971. areas. through gon, Salem, Oreg. 97310. 130'Northwest B St., Grants Pass, H 41 033 0000 20 OR 97526. Oregon Insurance Division, Depart­ ment of Commerce, 158 12th St. N E., Salem, OR 97310. Pennsylvania__ Somerset______Somerset Borough...... — ...... ------______• Sept. 14, 1971. South Carolina. Beaufort...... Fort Royal...... ______Do. Do...... Horry...... SurfsideBeach...... ______Do. West Virginia__ Logan...... Man.______H 54 045 1620 02__ West Virginia Insurance Department, Office of the Recorder, City Bldg., Feb. 9,1971. 1800 Washington St. East, Charles­ Town of Man, Man, W. Va. 25635. ton, WV 25305. Wisconsin______St. Croix...... North Hudson______Sept. 14,1971.

(National Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 F.R. 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; Secretary’s delegation of authority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969; and designation of Acting Federal Insurance Administrator effective Aug. 13, 1971, 36 F.R. 16701, Aug. 25, 1971) Issued: September 14,1971. Charles W . W iecking, Acting Federal Insurance Administrator. [FR Doc.71-13490 Filed 9-14-71;8:45 am]

American President Lines, Ltd. Cornell Aeronautical Lab., Inc. American Telephone & Telegraph Co. Curtis Wright Corp. Title 32-NATIONAL DEFENSE ARO, Inc. Cutler Hammer, Inc. Chapter I— Office of the Secretary of Asiatic Petroleum Corp. Day & Zimmerman, Inc. Atlantic Richfield Co. De Laval Turbine, Inc. Defense Atlas Chemical Industries, Inc. Donovan Construction Co. SUBCHAPTER E— DEFENSE CONTRACTING Avco Corp. Downs, Tony Foods Cò. Ayers, N. W. and Son, Inc. du Pont, E. I. de Nemours & Co. PART 166— REPORTING PROCEDURES B P Trading Ltd. Dynalectron Corp. ON DEFENSE RELATED EMPLOYMENT Battelle Memorial Institute. E. G. & G., Inc. Beach Aircraft Corp. Eastman Kodak Co. Negotiated Contract Awards Bell Aerospace Corp. Emerson Electric Co. Bendix Corp. Esso International Corp. Section 166.11 has been amended by Boeing Co. F M C Corp. the addition of a new paragraph (d) as Braniff Airways, Inc. Fairchild Camera & Instrument Corp. follows: Bunker Ramo Corp. Fairchild Industries. California, University of. Federal Cartridge Corp. § 166.11 Department of Defense con­ Caltex Oil Products Co. Federal Electric Corp. tractors receiving negotiated contract Campbell Soup Co. Flying Tiger Corp. awards of $10,000,000 or more. Capitol Airways, Inc. GTE Sylvania, Inc. * * * * * Carson Oil Co. Garrett Corp. Central Beef Co. Gary Aircraft Corp. (d) Fiscal Year 1971. Central Gulf Steamship Corp. General Dynamics Corp. AAI Corp. Cessna Aircraft Co. General Electric Co. AMF, Inc. Chamberlain Manufacturing Corp. General Foods Corp. Aerojet General Corp. Chromalloy American Corp. General Motors Corp. Aerospace Corp. Chrysler Corp. General Time Corp. Air America, Inc. Clevite Corp. Global Associates. Airlift International, Inc. Collins Radio Co. Goodyear Aerospace Corp. Alaska Barge & Transport Co. Colts, Inc. Goodyear Tire & Rubber Co. Amercargo Shipping Corp. Columbia Steamship Co., Inc. Grumman Aerospace Corp. American Airlines, Inc. Computer Sciences Corp. Guam Oil & Refining Co., Inc. AMBAC Industries, Inc. Condec Corp. Gulf & Western Industries Inc. American Export Isbrandtsen Lines. Continental Air Lines, Inc. Han Jin Transportation Co., Ltd. American Manufacturing Co. of Texas. Control Data Corp. Harvey Aluminum Sales.

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 RULES AND REGULATIONS 18465

Hayes International Corp. Shipping & Coal Co. ical reproduction with minimum charges Hazeltine Corp. Sierra Research Corp. stated for record retrieval. The action Heckethom Manufacturing Co. Simplex Wire & Cable Co. organization shall notify the person re­ Hercules, Inc. Singer General Precision, Inc. questing suclj reports of the estimated Hewlett Packard Co. Southern Airways Inc. Hoffman Electronics Corp. Sovereign Construction Co., Ltd. cost thereof in advance. Honeywell, Inc. Sperry Rand Corp. • * * * * Hudson Waterways Corp. Standard Oil Co. of California. (39 U.S.C. 401) Hughes Aircraft Co. Stanford Research Institute. Humble Oil & Refining Co. States Marine Lines Inc. David A. Nelson, IIT Research Institute. States Steamship Co. Senior Assistant Postmaster ITT Arctic Services. Sundstrand Corp. General and General Counsel. ITT Gilfillan Inc. Susquehanna Corp. Illinois, University of. Swift & Co. [FR Doc.71-13546 Filed 9-14-71;8:47 am] Institute for Defense Analysis. System Development Corp. International Business Machine Co. TRW, Inc. International Dairy Engineering Co. Tasker Industries. International Telephone & Tel. Corp. Teledyne CAE. Interstate Electronics. Teledyne, Inc. Title 42— PUBLIC HEALTH Iowa Beef Packers Inc. Teledyne Industries, Inc. Chapter I— Public Health Service, De­ Itek Corp. Tesoro Alaskan Petroleum Corp. partment of Health, Education, and Jacksonville Shipyards Inc. Texaco Export, Inc. Johns Hopkins University. Texas Instruments, Inc. Welfare Kaman Corp. Textron, Inc. SUBCHAPTER D— GRANTS Kentron Hawaii Ltd. Thiokol Chemical Corp. Kidde Walter & Co., Inc. Tracor, Inc. PART 59— GRANTS FOR FAMILY Kisco Co., Inc. Trans International Airlines, Inc. PLANNING SERVICES Kollsman Instrument Corp. Trans World Airlines, Inc. Korea Oil Corp. Uniroyal, Inc. Notice of proposed rule making, public Kraftco Corp. United Air Lines, Inc. rule making procedures and postpone­ Kurz Charles & Co. United Aircraft Corp. ment of effective date have been omitted LTV Electrosystems. United States Lines Co. LTV Aerospace Corp. in the issuance of the following Part 59, United States Steel Corp. which relate solely to grants for family Lear Siegler Inc. Universal Airlines, Inc. Letourneau R. G., Inc. Varian Associates. planning services pursuant to section Ling Temco Vought, Inc. 1001 of the Public Health Service Act (42 Litton Systems, Inc. Vinnell Corp. Vitro Corp. of America. U.S.C. 300) because, for good cause it Lockheed Aircraft Corp. has been found, that such notice, public Luther Werke Gmbh & Co. Waterman Steamship Corp. Luzon Stevedoring Corp. Western Electric Co., Inc. participation, and delay would be con­ Lykes Bros. Steamship Co., Inc. Western Union International, Inc. trary to the public interest in light of the Magnavox Co. Western Union Telegraph Co. need to provide adequate lead time for Martin Marietta Corp. Westinghouse Electric Corp. the development of project proposals, the Mason & Hanger Silas Mason Co. World Airways, Inc. need for the orderly and efficient consid­ Massachusetts Institute of Technology. World Wide Meats, Inc. eration of such proposals, and the lim­ Mayer, Oscar & Co., Inc. M aurice W. R oche, ited time for which funds are available McDonnell Douglas Corp. McGraw Edison Co. Director, Correspondence and for these purposes. Written comments Meadow Gold Dairies. Directives Division OASD concerning the regulations are invited Minnesota Mining & Manufacturing Co. (Administration). from interested persons. Inquiries may be Mitre Corp. [FR Doc.71-13560 Filed 9-14-71;8:49 am] addressed, and data, views, and argu­ Mobil Oil Corp. ments relating to the regulations may be Moore McCormack Lines, Inc. presented in writing, in triplicate to Motorola, Inc. Director, National Center for Family NHA Inc. Planning Services, Health Services and National Presto Industries, Inc. Title 39— POSTAL SERVICE Needham Packing Co., Inc. Mental Health Administration, 5600 Newport News Shipbuilding & Dry Dock Oo. Chapter I— United States Postal Fishers Lane, Rockville, MD 20852. All Norris Industries Inc. Service comments received in response to this North American Rockwell Corp. publication will be available for public Northrop Corp. PART 262— OPINIONS, ORDERS, AD­ inspection in the Office of the Grants and Northwest Airlines, Inc. MINISTRATIVE MANUALS, AND IN­ Contracts Officer, National Center for Okmulgee Refining Co. Olin Corp. STRUCTIONS TO STAFF Family Planning, Room 12A-54, Park- lawn Building, 5600 Fishers Lane, Rock­ Overseas National Airways, Inc. Compilation of Reports and Studies; PRD Electronics, Inc. ville, MD weekdays between 9 a.m. and Pacific Architects & Engineers, Inc. Cost of Recovery 5 p.m. All relevant material received not Pacific Par East Line, Inc. Regulations codified in § 262.7 of Title later than 30 days after publication of Page Aircraft Maintenance, Inc. these regulations in the F ederal R egis­ Pan American World Airways, Inc. 39, Code of Federal Regulations (36 F.R. 4774) are amended to include therein ter will be considered. Parsons, Ralph M., Co., Inc. The following regulations shall become Philco Ford Corp. regulations formerly codified under Powerline Oil Co. § 113.5 of the 1970 edition of Title 39, as effective on the date of publication in Procter & Gamble Distributing Oo. amended. (See 35 F.R. 12462). the F ederal R egister (9-15-71). Radiation Inc. Accordingly, in § 262.7 Schedule of* Subpart A^Project Grants fo r, Family Planning RCA Corp. Services RCA Global Communications, Inc. fees, subparagraph (4) is added to para­ Rand Corp. Sec. graph (a) reading as follows: 59.1 Ravenna Arsenal, Inc% Applicability. § 262.7 Schedule of fees. 59.2 Definitions. Raymond Morrison Knudsen. 59.3 Eligibility. Raytheon Co. (a) Record retrieval. * * * 59.4 Remington Arms Co. Application for a grant. Reynolds, R. j., Industries, Inc. (4) For compiling and processing data59.5 Project requirements. used in reports made by the U.S. Postal 59.6 Evaluation and grant award. Teledyne Ryan Aeronautical Co. 59.7 Sanders Associates, Inc. Payments. Service, the charge shall consist of the 59.8 Use of project funds. Saturn Airways, Inc. 59.9 Sea Land Services, Inc. hourly compensation and fringe costs Civil rights. of and overhead costs attributable to the 5910. Confidentiality. Seaboard World Airlines, Inc. 59.11 Inventions or discoveries. Seatrain Lines, Inc. employees directly involved; computer 59.12 Publications and copyright. Serv Air, Inc. time, if any; and other costs of mechan- 59.13 Grantee accountability.

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18466 RULES AND REGULATIONS

Sec. scribe.1 The application shall contain a of a physician with special training or 59.14 Records, reports, and inspection. full and adequate description of the proj­ experience in family planning; 59.15 Additional conditions. 59.16 Early termination and withholding ect and of the manner in which the ap­ (7) All services purchased for project of payments. plicant intends to conduct the project participants will be authorized by the and carry out the requirements of this Project Director or his designee on the Au th o rity: The provisions of this Part subpart, and a budget and justification project staff; 59 issued under sec. 6 (c), 84 Stat. 1507, 42 U.S.C. 300a-4; sec. 6 (c), 84 Stat. 1506, 42 of the amount of grant funds requested, (8) Services provided will be solely on U.S.C. 300. and such other pertinent information as a voluntary basis and shall not be a pre­ the Secretary may require. requisite to eligibility for or receipt of any Subpart A— Project Grants for Family (b) The application shall be executed other service or assistance from, or to Planning Services by an individual authorized to act for participation in, any other programs of the applicant and to assume for the ap­ the applicant; and § 59.1 Applicability. plicant the obligations imposed by the (9) The project will not provide abor­ The regulations in this subpart are regulations of this subpart and any addi­ tions as a method of family planning. applicable to the award of grants pur­ tional conditions of the grant. (b) A description of how persons suant to section 1001 of the Public (c) An applicant must indicate that a broadly representative of all elements of Health Service Act (42 U.S.C. 300) to copy of the application has been contem­ the population to be served and others assist in the establishment and opera­ poraneously forwarded to the appropri­ in the community knowledgeable about tion of voluntary family planning ate State health planning agency estab­ such needs have been given an oppor­ projects. lished pursuant to section 314(a) of the tunity to participate in the development § 59.2 Definitions. PHS Act, and where such an agency has of the project and will be given an oppor­ been established, to an area-wide plan­ tunity to participate in the implementa­ As used in this subpart: ning agency established pursuant to sec­ tion and evaluation of such project. (a) “Act” means the Public Health tion 314(b) of the PHS Act for their (c) Provision for pre- and in-service Service Act. review and comment. training for all project personnel. (b) “State” means one of the 50 § 59.5 Project requirements. (d) Provision for medical services States, the District of Columbia, Puerto related to family planning including Rico, Guam, the Virgin Islands, Amer­ An approvable application must con­ physician’s consultation, examination, ican Samoa, or the Trust Territory of tain each of the following unless the Sec­ prescription, continuing supervision, lab­ the Pacific Islands. retary determines that the applicant has oratory examination, contraceptive sup­ (c) “Nonprofit” private entity means established good cause for its omission: plies, and necessary referral to other a private entity no part of the net earn­ (а) Assurances that: medical facilities when medically ings of which inures, or may lawfully in­ (1) Services will be made available indicated. ure, to the benefit of any private without the imposition of any durational (e) Provision for social services re­ shareholder or individual. residence or referral requirement; lated to family planning, including coun­ (d) “Secretary” means the Secretary (2) Services will be made available seling, referral to and from other social of Health, Education, and Welfare and without regard to religion, creed, age, and medical services agencies, and such any other officer or employee of the De­ sex, parity, or marital status; ancillary services as are necessary to partment of Health, Education, and (3) Services will be made available in facilitate clinic attendance. Welfare to whom the authority involved such a manner as to protect the dignity (f) Provision for the effective usage has been delegated. of the individual; of contraceptive devices and practices. (e) “Low income family” means a (4) Priority in the provision of services (g) Provision for use of a broad range family which has an annual income be­ will be given to persons from low-income of medically approved methods of family low the higher of (1) the State figure, if families; planning including the rhythm method. any, for the “medically needy”, as de­ (5) No charge will be made for services (h) Provision for diagnostic and termined in accordance with the Aid for provided to any person from a low in­ treatment services for infertility. Families with Dependent Children fig­ come family except to the extent that ures calculated by the Assistance (i) Provision for coordination and use payment will be made by a third party of referral arrangements with other pro­ Payments Administration, Social and (including a Government agency) which Rehabilitation Service, or (2) the cur­ viders of health care services, with local is authorized or is under legal obligation health and welfare departments, hos­ rent Social Security Administration to pay such charge. In such case, effort poverty income level. pitals, and voluntary agencies, and must be made to obtain such third party health services projects supported by § 59.3 Eligibility. payments. Where the cost of services is other Federal programs. to be reimbursed under title XEX of the (a) Eligible applicants. Any public or Social Security Act, a written agreement (j) Provision for informational and nonprofit private entity located in a with the title X IX agency is required. Re­ educational programs designed to achieve State is eligible to apply for a grant imbursement may be either to the project community understanding of the objec­ under this subpart. or in lieu thereof directly to the provider tives of the program, to inform the com­ (b) Eligible projects. Grants pursuant in accordance with the above referred to munity of the availability of services, to section 1001 of the Act and this sub­ written agreement. Charges to be made and to promote continuing participation part may be made to eligible applicants for services to persons other than those in the project by persons to whom family for the purpose of assisting in the estab­ from low income families must be in ac­ planning services may be beneficial. lishment and operation of voluntary cordance with a schedule submitted and (k) In those cases in which the proj­ family planning projects consisting of approved as part of the project plan: ect will provide family planning services the educational, comprehensive medical, (б) Family planning medical services by contract or other similar arrange­ and social services necessary to aid in­ will be performed under the direction ment with the actual providers of serv­ dividuals freely to determine the number ices, a plan shall be provided establishing and spacing of their children. rates and methods of payment for medi­ 1 Applications and instructions may be ob­ cal care. Such payments must be made § 59.4 Application for a grant. tained from the Regional Health Director of the Health Services and Mental Health Ad­ pursuant to agreements with a schedule (a) An application for a grant underministration at the Regional Office of the of rates and payment procedures main­ this subpart shall be submitted to the Department of Health, Education, and Wel­ tained by the grantee. The grantee must Secretary at such time and in such form fare for the region in which the project is be prepared to substantiate that rates and manner as the Secretary may pre- to be conducted. are reasonable and necessary.

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 RULES AND REGULATIONS 18467

(1) A description of the standards andat such times and in such form as the meats inconsistent with the grant obli­ qualifications which will be required for Secretary may direct. gation are continued or entered into and personnel (including the project direc­ § 59.7 Payments. that all personnel involved in the sup­ tor) and facilities utilized in the vari­ ported activity are aware of and comply ous aspects of carrying out the project The Secretary shall from time to time with such obligations. Laboratory notes, plan. make payments to a grantee of all or a related technical data, and information portion of any grant award, either in ad­ § 59.6 Evaluation and grant award. pertaining to inventions and discoveries vance or by way of reimbursement for shall be maintained for such periods, and (a) Within the limits of funds avail­ expenses incurred or to be incurred to filed with or otherwise made available to able for such purpose, the Secretary may the extent he determines such payments the Secretary or those he may designate award grants to assist jin the establish­ necessary to promote prompt initiation at such times and in such manner as he ment and operation of those project ap­ and advancement of the approved proj­ may determine necessary to carry out plications which will in his judgment ect. such Department regulations. best promote the purposes of section 1001 § 59.8 Use of project funds. of the Act, taking into account: §59.12 Publications and copyright. (1) The number of patients, and in (a) Any funds granted pursuant to Except as may otherwise be provided particular the number of low income this subpart shall be expended solely for under the terms and conditions of the patients, to be served; carrying out the approved project in ac­ award, the grantee may copyright with­ (2) The extent to which family plan­ cordance with the statute, the regula­ out prior approval any publications, films ning services are needed locally; tions of this subpart, the terms and con­ or similar materials developed or result­ (3) The relative need of the appli­ ditions of the award, and cost principles ing from a project supported by a grant cant; set forth in the Department of Health, under this subpart, subject, however, to a (4) The capacity of the applicant to Education, and Welfare Grants Adminis­ royalty-free, nonexclusive, and irrevoc­ make rapid and effective use of such tration Manual. able license or right in the Government assistance; (b) Prior approval by the Secretary of to reproduce, translate, publish, use, (5) The adequacy of the applicant’s revision of the budget and project plan disseminate, and dispose of such mate­ facilities and staff; is required whenever there is to be a sig­ rials and to authorize others to do so. nificant change in the scope or nature (6) The relative availability of non- of project activities. § 59.13 Grantee accountability. Pederal resources within the community § 59.9 Civil rights. (a) Accounting for grant award pay­ to be served and the degree to which All payments made by the Secre­ those resources are committed to the ments. Attention is called to the requirements tary shall be recorded by the grantee in project; and of Title VI of the Civil Rights Act of 1964 accounting records separate from the (7) The degree to which the project (78 Stat. 252, 42U.S.C. 200d et seq.) and records of all other grant funds, includ­ plan adequately provides for the ele­ in particular section 601 of such Act ing funds derived from other grant ments set forth in § 59.5. which provides that no person in the awards. With respect to each approved (b) The amount of any award shall United States shall on the grounds of project the grantee shall account for the be determined by the Secretary on the race, color, or national origin be excluded sum total of all amounts paid by pre­ basis of his estimate of the sum neces­ from participation in, be denied the bene­ senting or otherwise making available sary for the performance of the project: fits of, or be subjected to discrimination evidence satisfactory to the Secretary, of Provided, however, That no grant shall under any program or activity receiving expenditures for direct and indirect costs be made for an amount equal to the total Federal financial assistance. A regulation meeting the requirements of this sub- cost as found necessary by the Secretary implementing Title VI, which applies to part: Provided, however, That when the for the carrying out of the project. In de­ grants made under this subpart, has been amount awarded for indirect cost was termining the grantee’s share of project issued by the Secretary of Health, Educa­ based on a predetermined fixed per­ costs, costs for which Federal funds from tion, and Welfare with the approval of centage of estimated direct costs, the other sources have been or may be the President (45 CFR Part 80). amount allowed for indirect costs shall claimed or received, or costs used to § 59.10 Confidentiality. be computed on the basis of such pre­ match other Federal grants unless other­ determined fixed percentage rates ap­ wise authorized by Federal statute, or Each grant award is subject to the con­ plied to the total, or a selected element costs to be met from the Federal share dition that all information obtained by thereof, of the reimbursable direct costs of grant related income (except as may the personnel of the project from parti­ incurred. be permitted by Chapter 1-420 of the cipants in the project related to their (b) Accounting for equipment, mate­ Department of Health, Education, and examination, care, and treatment, shall rials, or supplies. Expenditures of grant Welfare Grants Administration Man­ be held confidential, and shall not be funds for movable or fixed equipment, ual2) may not be included. divulged without the individual’s con­ materials or supplies, all of which are (c) All grant awards shall be in writ­ sent except as may be required by law or termed in this paragraph as “material”, ing, shall set forth the amound of funds as may be necessary to provide service to may be charged to grant funds as direct granted and the period for which sup­ the individual. Information may be dis­ costs only to the extent such material is port is recommended. closed in summary, statistical, or other required for the conduct of the approved form which does not identify particular project. Material on hand on the date of (d) Neither the approval of any proj­ individuals. ect nor any grant award shall commit termination (excluding expendable sup­ or obligate the United States in any way § 5 9 .1 1 Inventions or discoveries. plies within such limitations as the Sec­ to make any additional, supplemental, retary may prescribe) shall be accounted A grant award is subject to the regu­ for, or accountability waived, by one or a continuation or other award with re­ lations of the Department of Health, spect to any approved project of por­ combination of the following methods: Education, and Welfare as set forth in (1) Retention of material for other tion thereof but this provision shall not 45 CFR Parts 6 and 8, as amended. Such preclude the Secretary from making up­ health projects. Material may be used ward adjustments to actual costs as to regulations shall apply to any activity without adjustment of accounts on other amounts awarded on a provisional basis. for which grant funds are in fact used projects within the scope of section 1001 For continuation support, grantees must whether within the scope of the project of the Act, and no other accounting for make separate application periodically as approved or otherwise. Appropriate such material shall be required: Pro­ (i) That during such measures shall be taken by the grantee vided, however, period of use no charge for depreciation, 2 Available for purchase at the Govern­ and by the Secretary to assure that no amortization, or for other use of the ma­ ment Printing Office (GPO 894-523). contracts, assignments or other arrange- terial shall be made against any existing

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18468 RULES AND REGULATIONS or future Federal grant or contract, and (ii) Any credits for material on hand withhold further payments, and take (ii) if within the period of their useful as provided in paragraph (b) of this such other action, including the termi­ life the material is transferred by sale or section; nation of the grant, as he finds appro­ otherwise for use outside the scope of (iii) Any credits for earned interest priate to carry out the purposes of the the Act, the Federal portion of the fair pursuant to paragraph (c) (1) of this Act and regulations. Noncancelable ob­ market value at the time of transfer shall section; ligations of the grantee properly in­ be refunded to the Federal Government. (iv) Any other settlements required curred prior to the receipt of the notice (2) Sale or other disposition of ma­ pursuant to paragraph (c) (2) of this of termination will be honored. The terial, crediting of proceeds or value. section. grantee shall be promptly notified of The material may be sold by the grantee Such total sum shall constitute a debt such termination in writing and given and the net proceeds of sale credited to owed by the grantee to the Federal Gov­ the reasons therefor. the grant account for project use, or ernment and shall be recovered from Dated: August 13, 1971. it may be used or disposed of in any the grantee or its successors or assignees manner by the grantee or crediting to the by setoff or other action as provided V e r n o n E. W i l s o n , grant account the Federal share of the by law. Administrator, Health Services fair market value on the termination and Mental Health Adminis­ date. To the extent material purchased § 59.14 Records, reports, and inspection. tration. from grant funds is used for credit or (a) Records and reports. Each grant Approved: September 7, 1971. trade-in on the purchase of new mate­ awarded pursuant to this subpart shall rial, the accounting obligation shall ap­ be subject to the condition that the E lliot L. R ichardson, ply to the same extent to such new grantee shall maintain such operational Secretary. material. and accounting records, identifiable by [PR Doc.71-13560 Filed 9-14-71;8:40 am] (3) Transfer of title to the Federal grant number, and file with the Secre­ Government. To the extent the Secre­ tary such operational and fiscal reports tary so requires or approves, title to ma­ relating to the use of grant funds, as the terial will be transferred to the Fed­ Secretary may find necessary to carry Title 49— TRANSPORTATION eral Government for such authorized use out the purposes of the Act and the reg­ or disposition as he may direct. ulations. All records shall be retained for Chapter I— Hazardous Materials Reg­ (c) Accounting for grant related in­ 3 years after the close of the budget ulations Board, Department of come— (1) Interest. Pursuant to section period. Such records may be destroyed Transportation at the end of such 3-year period if the 203 of the Intergovernmental Coopera­ [Docket No. HM-56; Arndts. 171-13, 172-11, tion Act of 1968 (42 U.S.C. 4213), a applicant has been notified of the com­ 173-54, 174-10, 177-17, 178-21, 179-8] State will not be held accountable for pletion of the Federal audit by such time. interest earned on grant funds, pend­ If the applicant has not been so notified, PART 171— GENERAL INFORMATION ing their disbursement for grant pur­ such records shall be retained (1) for 5 AND REGULATIONS poses. A State, as defined in section years after the close of the budget period 102 of the Intergovernmental Coopera­ or (2) until the grantee is notified of the PART 172— COMMODITY LIST OF tion Act, means any one of the sev­ completion of the Federal audit, which­ HAZARDOUS MATERIALS CON­ eral States, the District of Columbia, ever comes first. In all cases where audit TAINING THE SHIPPING NAME OR Puerto Rico, any territory or possession questions have, arisen before the expira­ DESCRIPTION OF ALL ARTICLES of the United States, or any agency or tion of such 5-year period, records shall be retained until resolution of all such SUBJECT TO PARTS 170-189 OF instrumentality of a State, but does not THIS CHAPTER include the governments of the political questions. subdivisions of the State. All grantees (b) Inspection and audit. Any appli­ PART 173— SHIPPERS other than a State, as defined in this cation for a grant under this suibpart section, must return all interest earned shall constitute the consent of the appli­ PART 174— CARRIERS BY RAIL on grant funds to the Federal cant to inspections of the facilities, FREIGHT equipment and other resources of the Government. PART 177— SHIPMENTS MADE BY (2) Royalties. Royalties earned from applicant at reasonable times by persons publications or similar material pro­ designated by the Secretary and to inter­ WAY OF COMMON, CONTRACT, duced from a grant must first be used to view with principal staff members to the OR PRIVATE CARRIERS BY PUBLIC reduce the Federal share of the grant to extent that such resources and person­ HIGHWAY cover the costs of publishing or pro­ nel are, or will be, part of the project. In ducing the materials. Royalties in ex­ addition, the acceptance of any grant PART 178— SHIPPING CONTAINER cess of the costs of publishing or under this Subpart shall constitute the SPECIFICATIONS consent of the grantee to inspections and producing the materials shall be distrib­ PART 179— SPECIFICATIONS FOR uted as in subparagraph (3) of this fiscal audits by such persons of the sup­ paragraph. ported activity and of progress and fiscal TANK CARS (3) Other income. Other income earned records relating to the use of grant Miscellaneous Amendments by the grantee shall be disposed of in fluids. The purpose of these amendments to accordance with one of the alternatives § 59.15 Additional conditions. specified in Chapter 1-420 of the Grants the Hazardous Materials Regulations of The Secretary may with respect to any the Department of Transportation is to Administration Manual as determined by grant award impose additional condi­ the Secretary in the grant award. change or delete certain obsolete or in­ tions prior to or at the time of any award correct references and to make other (d) Grant closeout— (1) Date of final when in his judgment such conditions editorial corrections. Major changes are accounting. A grantee shall render, with are necessary to assure or protect ad­ described as follows: respect to each approved project, a full vancement of the approved project, the 1. References to Fart 397 are no longer account, as provided herein, as of date interests of public health, or the con­ pertinent for small quantity exemptions of the termination of grant support. The servation of grant funds. since this part was revised on March 13, Secretary may require other special and 1971 (36 F.R. 4874) and made applicable periodic accounting. § 59.16 Early termination and withhold­ ing of payments. only to those motor vehicles required to (2) Final settlement. There shall be be marked or placarded. payable to the Federal Government as Whenever the Secretary finds that a 2. The address of the Bureau of Ex­ final settlement with respect to each ap­ grantee has failed in a material respect plosives, AAR, is listed in § 171.7(c) (4), proved project the total sum of: to comply with the Act, the regulations therefore it is being deleted in other sec­ (i) Any amount not accounted for of this subpart or any of the assurances tions of the Code. pursuant to paragraph (a) of this thereunder, or the terms of the grant, he 3. Various sections as well as labels section; may, on reasonable notice to the grantee, which show “Commission” or “Interstate

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 RULES AND REGULATIONS 18469

Commerce Commission” are changed to In section Delete § 173.158 Benzoyl peroxide, dry; chloro- read “Department” or “Department of 177.861 (a) Note 2 Pennsylvania Plaza, benzoyl peroxide (para) dry; cyclo­ Transportation.” This change was New York, NY 10001. hexanone peroxide, dry; lauroyl per­ effected by Docket No. HM-11 (33 F.R. 178.1-9(a) 2 Pennsylvania Plaza, oxide, dry; or succinic acid peroxide, New York, NY 10001. dry. 17918), published December 3,1968. Edi­ 178.3- 9 (a) 2 Pennsylvania Plaza, torially, a number of changes were New York, NY 10001. (a) * * * erroneously overlooked in subsequent 178.4- 8 (a) 2 Pennsylvania Plaza, (2) Spec. 21C (§ 178.224 of this chap­ publications of the Code. New York, NY 10001. ter) fiber drums. Authorized only for Since these amendments concern edi­ 178.5- 9 (a) 63 Vesey Street, New lauroyl peroxide, dry. Authorized net torial changes and corrections and im­ York 7, NY. 178.6- 10(a) 2 Pennsylvania Plaza, weight not over 100 pounds in one drum. pose no burden on any person, notice New York, NY 10001. • * * * * * and public procedure thereon are con­ 178.7- 8(a) 2 Pennsylvania Plaza, sidered unnecessary. (N) In § 173.268 paragraph (d) (2) New York, NY 10001. second line, the section reference is In consideration of the foregoing, 49 178.14-8 (a) 2 Pennsylvania Plaza, New York, NY 10001. changed to read, “ (§§ 179.100 and 179.201 CFR Parts 171, 172, 173, 174, 177, 178, of this chapter).” and 179 are amended, effective upon pub­ (E) In the following sections “Com­ (O) In § 173.304 paragraph (a)(1) lication in the F ederal R egister mission” is corrected to read “Depart­ table, third column, all markings opposite (9-15-71), as follows: ment”: “Ethane” are lowered one line for proper (A) In §§ 171.7(a) and 173.286(a), the In section: placement in the table. scope of the regulations is changed to 173.53 (q) (P) In § 173.306 paragraph (a) (3) (ii), read, “170-189”. 177.824(e) (4) (ii) fifth line, “178.33a” is amended to read (B) The following sections are 178.32-2 Note 1 “178.33”. 178.37-6 (a) Note 1 (Q) In § 174.506, the fourth and fifth amended to delete reference to Part 297 178.156-12 (a) (3) Note 1 or 397: lines are reversed to read as follows: “and (F) In the following sections “Inter­ 171.16 of this chapter. In addition, each In section Delete carrier is requested to report each”. 173.144(b) and Part 397 of this title, state Commerce Commission” shown on 173.197(a) and 297. the labels is changed to read “Depart­ (R) In § 177.823 paragraph (a) (4), 173.260(d) and Part 397 of this title, ment of Transportation”: the reference “§ 173.414 (a) and (c) ” in 173.260(e) and Part 397 of Chapter III the 15th line is amended to read, of this title, 173.405(a) “§ 173.414(d)” ; the word “red” is deleted 173.260(g) and 397 of this title, 173.406(a) in the 14th line. 173.263(b) (2) and Part 297 of this chapter. 173.407(a) (1), (a) (2), (a) (3) 173.277(d), 173.408(a) (1), (a) (2) (S) In § 177.824 paragraph (h ), in the 17th line, “magnetic article” is corrected (d )(1) and Part 397 of this title, 173.409(a) (1), (a) (2), (a) (3) 173.277(e) and Part 397 of this title, 173.410(a) to read “magnetic particle”. 173.279(b) and Part 397 of this title, 173.411(a) (T) In § 177.848 paragraph (a), first 173.286(b) and Part 397 of this title. 173.412(a) (1) 178.59-20(b) report line, “Explosives or other dangerous arti­ 173.306(a), cles” is corrected to read “Hazardous (b), (c), materials”. (d) (2), (e), (G) In the following sections “ICC” is (e) (2) and Part 397 of this title, corrected to read “DOT”: (U) In § 177.870 paragraph (b), first 173.359(c) and Part 297 of this chapter, 173.119(b) (3) Note 1 (2 places) line, “dangerous articles” is corrected 173.364(a) and Part 397 of this title, 178.191-9 (a) (1) to read “hazardous materials”. 173.369(b) and Part 397 of this title, 178.205-36 Heading (V) Following § 178.23, the section 173.370(b) and Part 397 of this title, .173.377(f) 179.101-1 (a) Table, Note 11 number reading “§ 178.22-1” is corrected and Part 397 of this title. to read “178.23-1”. (H) In § 172.5(a) Commodity List, (C) The following sections are (W) In § 178.219-4, the second para­ amended by properly referencing the delete the following entry: graph containing the effective date of Bureau of Motor Carrier Safety Regu­ Hydrazine solution containing 50 percent the amendment is deleted. lations: or less of water (X) In § 178.341-4 paragraph (b), a In section (I) hi § 173.28 paragraph (n) (1) (ii) period is placed at the end of the right Change To read hand column. second line of example, a zero is added to (Y) In § 178.342-4 paragraph (c), the 174.532(b)(2)...... 293.77...... 393.77. read: “TESTED 2/70”. 177.834(j)...... Part 293______. Part 393. parenthesis preceding the word maxi­ 177.835(j)...... Part 292. . Part 392. (J) In § 173.34 paragraph (e)(10), in mum is closed after “§ 178.340-10 (b )) ”. 177.854(a)...... _. . . 292.22 to 292.26. . 392.22 to 392.26. the fifth sentence, the spelling of the 177.854(f)(1)_____ . . 292.22,292.23, 392.22,392.23, (Z) In § 173.314(c) Table Note 17, the 292224, and 392.24, and word “cylinders” is corrected. reference “§ 78.289-13” is changed to 292.26. 392.26. 177.854(f)(2)_____ .. §§ 292.25 and §§ 392.25 and (K) In § 173.64 paragraph (a), at the read “§ 179.100-15”. 292.26. 392.26. 177.856(d)______- Part 292...... Part 392. beginning of the 11th line the word “as” (AA) In § 179.100-7 paragraph (a), 177.859(b).._____ .. Part 292...... Part 392. is removed. \ the table has been inadvertently changed. 178.340-2(b)...... Part 293______. Part 393. (L) In §173.119 paragraph (f)(3), The following table is inserted: Note 2 was inadvertently omitted in the (D) The following sections are amend­ Minimum Minimum ed to delete the address of the Bureau of 1965 edition of the CFR, it is now rein­ tensile elongation serted to read: Specifications ■ strength in 2 inches Explosives, AAR: (p.s.i.) (percent) Note 2: When the vapor pressure exceeds welded welded In section Delete condition condition 173.300(b) (4) Note 1 40 pounds per square inch, absolute, at 100° 2 Pennsylvania Plaza, F., these flammable liquids are classed as New York, NY 10001, flammable compressed gases and must be ASTM A 201 Or. A____ 55,000 25 American Railroads described, packed, and shipped as prescribed ASTM A 201 Gr. B ____ 60,000 28 Building. for such articles. ASTM A 212 Gr. A...... 65,000 20 174.506(a) 1920 L Street, NW„ ASTM A 212 Gr. B ...... 70,000 20 Washington, DC ASTM A 285 Gr. A...... 45,000 29 (M) In § 173.158, paragraph (a) (2) ASTM A 285 Gr. B ...... 50,000 29 20036, Telephone was amended in Docket No. HM-32; ASTM A 285 Gr. C____ 55,000 20 (202) 293-4048. ASTM A 302 Gr. B ____ 80,000 20 174.596(c) (1) 2 Pennsylvania Plaza, Amendment No. 173-27 (35 F.R. 10858), New York, NY 10001. July 3, 1970. This amendment was not 174.655(j) (3) Note 2 2 Pennsylvania Plaza, (BB) In § 179.100-7 paragraph (b), New York, NY 10001. reflected in the 1971 edition of the Code. the third column of the table is amended 177.815(f) 2 Pennsylvania Plaza, It is now amended as shown in the above to read: New York, NY 10001. reference: 25, 28, 23, 18, 16, 14, 18, 18, 18, 18, and 5 ».

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18470 RULES AND REGULATIONS

(CC) Section 179,500-7 was incor­ Chapter III— Federal Highway Admin­ August 14, 1971, in the description of the rectly printed in the 1970 and 1971 edi­ istration, Department of Transpor­ Crosho Lake Recreation Area, the first tions of the CFR. It is corrected to read: tation entry under “T. 2 N., R. 86 W.” should § 179.500 Specification DOT-107 * * *, read “Sec. 4, south 5 chains of west 10 seamless steel tank car tanks. SUBCHAPTER B— MOTOR CARRIER SAFETY chains of lot 9, W1/2SW1/4NW1/4, W1/2E 1/2 - REGULATIONS SW*/4NW% § 179.500—7 Physical tests. [Docket No. MC-16; Notice 71-27] (a) Physical tests shall be made on two test specimens 0.505 inch in diameter PART 397— TRANSPORTATION OF within 2-inch gage length, taken 180 HAZARDOUS MATERIALS; DRIVING Title 50— WILDLIFE AND degrees apart, one from each ring sec­ AND PARKING RULES tion cut from each end of each forged or Compliance With Safety Rules; drawn tube before necking-down, or one FISHERIES from each prolongation at each end of Correction Chapter I— Bureau of Sport Fisheries each necked-down tank. These test On July 12, 1971, the Director of the and Wildlife, Fish and Wildlife specimen ring sections or prolongations Bureau of Motor Carrier Safety amended Service, Department of the Interior shall be heat treated, with the necked- Part 397 of the Motor Carrier Safety down tank which they represent. The Regulations to retain the rule requiring SUBCHAPTER C— THE NATIONAL WILDLIFE width of the test specimen ring section motor carriers transporting hazardous REFUGE SYSTEM must be at least its wall thickness. Only materials to obey the Motor Carrier PART 32— HUNTING when diameters and wall thickness will Safety Regulations (36 F.R. 13269). Some not permit removal of 0.505 by 2-inch words were inadvertently omitted from Bear Lake National Wildlife Refuge, tensile test bar, laid in the transverse that issuance, and the Director is issuing Idaho direction, may test bar cut in the longi­ an amendment to correct that error. As Notice is hereby given that pursuant tudinal direction be substituted. When has been the case in the past, private the thickness will not permit obtaining a to the authority vested in the Secretary carriers are exempt from the rules in of the Interior by the Migratory Bird 0.505 specimen, then the largest diameter part 394 to the extent that those rules specimen obtainable in the longitudinal Conservation Act of February 18, 1929, require the filing of accident reports and as amended (45 Stat. 1222; 16 U.S.C. direction shall be used. Specimens shall for no other purpose. 715), and the National Wildlife Refuge have bright surface and a reduced sec­ In consideration of the foregoing, tion. When 0.505 specimen is not used System Administration Act of 1966 (80 § 397.2 of the Motor Carrier Safety Reg­ Stat. 927 as amended; 16 U.S.C. 668dd), the gage length shall be a ratio of 4 to 1 ulations (Subchapter B of Chapter III length to diameter. that 50 CFR Part 32 is amended by the in Title 49, CFR) is amended to read as addition of Bear Lake National Wildlife (b) Elastic limit as determined by follows: extensometer, shall not exceed 70 per­ Refuge, Idaho, to the list of areas open § 397.2 Compliance with motor carrier to the hunting of upland game, as legis­ cent of tensile strength for class I steel or safety regulations. 85 percent of tensile strength for class latively permitted. II and class III steel. Determination shall A motor carrier or other person to It has been determined that regulated be made at cross head speed of not more whom this part is applicable must comply hunting of upland game may be per­ than 0.125 inch per minute with an ex­ with the rules in Part 390 through 397, mitted as designated on the Bear Lake tensometer reading to 0.0002 inch. The inclusive, of this subchapter when he is National Wildlife Refuge without detri­ extensometer shall be read at increments transporting hazardous materials by a ment to the objectives for which the area of stress not exceeding 5,000 pounds per motor vehicle which must be marked or was established. square inch. The stress at which the placarded in accordance with § 177.823 Since this amendment benefits the strain first exceeds of this title. However, except as specified public by relieving existing restrictions in § 394.6 of this subchapter, the rules in on hunting of upland game, and since stress (pounds per square inch) ( Part 394 of this subchapter relating to this amendment is to conform to the 30,000,000 (pounds per square inch) . the reporting of accidents do not apply to State of Idaho game laws, we find that 0.005 (inches per inch) notice and public procedure in accord­ a private carrier of property. shall be recorded as the elastic limit. ance with the Administrative Procedures (Sec. 204, Interstate Commerce Act, 49 U.S.C. Act (5 U.S.C. 553(b) (B )) are impracti­ (1) Elongation shall be at least 18 per­304, 18 U.S.C. 834, sec. 6, Department of cable and unnecessary, and it shall be­ cent and reduction of area at least 35 Transportation Act, 49 U.S.C. 1655, delega­ tions of authority at 49 CFR 1.48 and 49 CFR come effective upon publication in the percent. 389.4) F ederal R egister (9-15-71). Note 1 : Upon approval, the ratio of elastic (Sec. 7, 80 Stat. 929; 16 U.S.C. 668dd(c) (d )) limit to ultimate strength may be raised to Issued: September 3, 1971. permit use of special allow steels of definite R obert A. K aye, Section 32.21 is amended by the follow­ composition that will give equal or better Director, ing addition: physical properties than steels herein specified. Bureau of Motor Carrier Safety. §32.21 List of open areas; upland (Secs. 831-835 of title 18, U.S.C.; sec. 9 of [FR Doc.71-13557 Filed 9-14-71;8:48 am] game. the Department of Transportation Act (49 * * * * . * U.S.C. 1657); title VI and sec. 902(h), Fed­ I daho eral Aviation Act of 1958, 49 U.S.C. 1421- 1430 and 1472(h)) Title 43— PUBLIC LANDS: Bear Lake National Wildlife Refuge. Issued in Washington, D.C., on Sep­ * * * * * tember 9, 1971. INTERIOR J . P. L induska, W. P. R ea III, Chapter II— Bureau of Land Manage­ Acting Director, Bureau of Rear Admiral, Board Member, ment, Department of the Interior Sport Fisheries and Wildlife. for the U.S. Coast Guard. eptember APPENDIX— PUBLIC LAND ORDERS S 10, 1971. ,M ac E. R ogers, [FR Doc.71-13590 Filed 9-14-71;8:51 am] Board Member, for the [Public Land Order 5107] Federal Railroad Administration. [Colorado 2486] R obert Av K aye, COLORADO PART 32— HUNTING Board Member, for the Bear Lake National Wildlife Refuge, Federal Highway Administration. Withdrawal for National Forest Recreation Areas Idaho J ames F. R udolf, Board Member, for the Correction The following regulations are issued Federal Aviation Administration. In F.R. Doc. 71-11763 appearing at and are effective on date of publication [FR Doc.71-13509 Filed 9-14-71;8:45 am] page 15439 in the issue of Saturday, in the F ederal R egister (9-15-71).

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 RULES AND REGULATIONS 18471

§ 32.32 Special regulations; upland This 12th circular covers determina­ (b) As explained in OEP Economic game; for individual wildlife refuge tions by the Council through Septem­ Stabilization Circular No. 1, an importer area. ber 13,1971. may pass on a price increase of an im­ I daho A p p e n d i x I ported product to the purchaser so long as the product is neither physically BEAR LAKE NATIONAL W ILD LIFE REFUGE ECONOMIC STABILIZATION CIRCULAR NO. 12 transformed by the seller nor becomes a Upland game birds may be hunted on 100. Purpose, (a)' On August 15, 1971, component of another product. However, the Bear Lake National Wildlife Refuge, President Nixon issued Executive Order in the case of goods produced in the 802 Washington, Montpelier, Idaho. No. 11615, as amended, providing for United States which are sent abroad and General conditions. Hunting shall be stabilization of prices, rents, wages, and subsequently reenter the United States in accordance with applicable State salaries and establishing the Cost of Liv­ without substantial modification (i.e., 25 regulations. Portions of the refuge which ing Council, a Federal agency. The order percent or greater increase in value), no are open to hunting are designated by delegated to the Council all of the powers change in ceiling price is permitted. signs and/or delineated on a map. No conferred on the President by the Eco­ 405. Government-regulated industries.- vehicle travel is permitted except on nomic Stabilization Act of 1971, as (a) Where the Civil Aeronautics Board maintained roads and trails. Special amended. The effective date of the order has required that all discount rates in conditions applying to this refuge are was 12:01 a.m., August 16, 1971. effect during the base period be continued listed on the reverse side of a map avail­ (b) By its Order No. 1 the Council for the duration of the freeze, an air­ able at refuge headquarters and from delegated to the Director of the Office of line, meeting all requirements of the the office of the Regional Director, Emergency Preparedness authority to seasonality rule, may not eliminate the Bureau of Sport Fisheries and Wildlife, administer the program for the stabiliza­ discounts in the face of the order of the 1500 Northeast Irving Street, Portland, tion of prices, rents, wages, and salaries CAB: Provided, That the order of the OR 97208. as directed by section 1 of Executive Or­ CAB is within its own statutory author­ J ohn D. F indlay, der No. 11615, as amended. ity. The freeze does not forbid reductions Regional Director, (c) The purpose of this circular, the in prices nor does it require pricing at the Bureau of Sport Fisheries. 12th in a series to be issued, is to furnish permissible ceiling level. In the exercise further guidance to Federal officials and A u g u s t 27,1971. of their own statutory authorities, it is the public in order to promote the expected that regulatory agencies will [FR Doc.71-13589 Filed 9-14-71; 8:51 am] program. contribute to the national effort involved 200. Authority. Relevant legal author­ in the freeze program. PART 32— HUNTING ity for the program includes the (b) TV/Radio Advertising: Ceiling following: prices for television and radio adver­ Browns Park National Wildlife The Constitution. tising charges may be determined on the Refuge, Colo.; Correction Economic Stabilization Act of 1970, Public basis of (1) the rates charged for the Law 91-379, 84 Stat. 799; Public Law 92-15, same program shown during the base pe­ In F.R. Doc. 71-10806, appearing on 85 Stat. 38. page 14000 of the issue for Thursday, riod, or (2) the rates charged for the Executive Order No. 11615, as amended, 36 same time segment (day and time) dur­ July 29, 1971, the last sentence in the F.R. 15127, August 17,1971. first paragraph of § 32.32 should read: Cost of Living Council Order No. 1, 36 F.R. ing the base period. However, each seller “Rifle deer season is October 30 through 16215, August 20,1971. must calculate the ceiling price for all November 11, 1971, inclusive.” OEP Economic Stabilization Regulation No. 1, his programs on the same basis. as amended, 36 F.R. 16515, August 21, 1971. Several earlier rulings made by the H. J . J ohnson, Council may have important applications Refuge Manager, Browns Park 300. General Guidelines, (a) The guid­ in the broadcasting industry. First, the National Wildlife Refuge, ance provided in this circular is in the seasonality ruling may be applicable in Greystone, Colo. nature of additions to or clarifications some situations. Second, established of previous determinations of the Cost S e p t e m b e r 8,1971. formulas that provide for adjustments of Living Council covered in previous to advertising rates based on audience ]FR Doc.71-13529 Filed 9-14-71;8:46 am] OEP Economic Stabilization Circulars. ratings may continue to be used as in (b ) The numbering system used in this the base period. Third, ceiling prices for circular corresponds to that used in pre­ vious OEP Circulars. advertising rates on new programs are to Title 32A— NATIONAL DEFENSE, be established per the Council’s ruling 301. Base Period. Determination of 30- on new products and services. APPENDIX day base period: As used in OEP Eco­ 406. Commodities and Services— (a) nomic Stabilization Regulation No. 1, the Chapter I— Office of Emergency Insurance premiums. In the determina­ term “base period” for any commodity, tion of premiums based on experience- Preparedness service, rent, salary, or wage includes the rating formulas, those factors in the for­ [OEP Economic Stabilization Reg. 1; period from July 16, 1971, through Au­ mulas that reflect anticipated cost or Circular No. 12] gust 14, 1971. In cases where no trans­ price increases beyond the base period actions occurred in this 30-day base pe­ (e.g., inflation trend factors) may not be SUPPLEMENTARY GUIDANCE FOR riod, the base period will be the nearest applied. Factors that reflect experience APPLICATION preceding 30-day period in which a on actual cost (e.g., average cost per transaction did occur. “30-day period” is Economic Stabilization Circular No. 12 claim, insurance company expenses, defined as a 30-day block of time prior daily hospital reimbursement levels) may This circular is designed for general to July 16. Hence, moving back from be entered into the formulas only to the information only. The statements herein July 16, the nearest preceding 30-day pe­ extent that the experience would have are intended solely as general guides riod would be June 16-July 15 and pre­ been entered into the formula had the drawn from OEP Economic Stabilization ceding that, May 17-June 15, and so on. calculation been made during the base Regulation No. 1 and from specific 400. Price Guidelines. period. However, factors that reflect determinations by the Cost of Living 403. Prices on imports, (a) Surcharge: changed conditions of risk (e.g., the age- Council and do not constitute legal rul­ An importer, or distributor of imported sex distribution of groups, number of claims) may be applied normally. New ings applicable to cases which do not goods, must show on the sales ticket or invoice, in dollars and cents, the sur­ experience-rating formulas that would conform to the situations clearly charge passed or to the purchaser. If result in an increased premium may not intended to be covered by such guides. the importer or distributor elects to pass be introduced during the freeze period. No te: Provisions of this and subsequent on only a portion of the surcharge, he is (b) Cooperative and condominium circulars are subject to clarification, revision, still required to indicate penny for penny apartments. Owners of cooperative and or revocation. the exact amount passed on. condominium apartments are treated

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 No. 179—Pt. I------4 18472 RULES AND REGULATIONS

like homeowners. Accordingly, the creased cost of the expanded services (c) New or changed jobs. A wage rate monthly charges they pay for general on a penny for penny basis. set prior to the freeze for a new or maintenance and other costs are not 500. Wage and salary guidelines. changed job may be increased and paid rent and, therefore, are not covered by 502. Specific guidelines— (a) State retroactively, provided an appeal was the rent freeze. If, for example, the own­ minimum wage laws. In States having filed before August 15 under a formal ers wish to increase the quantity of serv­ statewide minimum wages scheduled to appeals procedure. ices they receive (e.g., an additional door­ increase during the freeze, wages may be If an appeal on a wage rate set prior to man, an added trash collection day), they raised to meet the prescribed higher the freeze was made prior to August 15 may pay increased charges reflecting the minimums. However, wages and salaries under a formal appeals procedure, the cost of the added services. However, in­ may not be raised to meet scheduled rate for that job may be increased and creases in such charges to condominium increases in State minimum levels for paid retroactively. or cooperative apartment owners may specific occupational groups. not be used to circumvent the general (d) Columbus Day holiday. Private (b) Retroactive contracts. Retroac­ sector employers may grant Columbus regulations freezing wages and prices. tive wage increases for work performed Day, a Federal legal holiday, as a paid The fee for managing a cooperative or prior to the freeze are permitted, pro­ holiday, provided that: condominium apartment is subject to the vided that the parties can demonstrate freeze. However, if there is a significant that they did not change their position (1) Such a provision is included in the increase in the services of the managing during negotiations in order to compen­ labor contracts of the employer granting agent, a corresponding fee increase sate for or absorb the impact of the the holiday, or would be permissible under Executive freeze. This requires the parties to pro­ (2) The granting of Federal legal holi­ Order 11615. duce evidence of past practice and the days is an established practice, or (c) Dues; special assessments of tradepattern of present negotiations. A pro­ (3) The employer had announced the associations. A trade association is plan­ cedure will be established by the CLC holiday prior to August 15. ning to broaden its services to its mem­ for resolving evidence. However, for 1001. Effective date. This Circular, un­ bership. To do this, it must obtain work performed after August 15 the ac­ less modified, superseded, or revoked, is additional, funds through a dues in­ tual rate which was in effect dining the effective on the date of publication for crease. The association is not allowed base period is the ceiling wage for the a period terminating at midnight of to increase its dues to cover the freeze period. November 13,1971. increased services. Accordingly, dues For example, a contract is agreed to Dated: September 14,1971. as such cannot be increased. However, on September 1, effective July 1, increas­ ing a wage rate from $2.80 to $3. For G. A. L incoln, when the scope of services provided to the period July 1 through August 15, the Director, Office of members increases, the members may worker’s wage is $3; from August 16 Emergency Preparedness. be assessed a pro-rata share of the in­ through the duration of the freeze, $2.80. [PR Doc.71-13722 Piled 9-14-71;2:47 pm]

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 \ 18473

Proposed Rule Making

ricultural Act of 1949, as amended (63 in the F ederal R egister. All written sub­ DEPARTMENT OF THE INTERIOR Stat. 1051, as amended; 7 U.S.C. 1447, missions made pursuant to this notice 1449, and 1421), and sections 4 and 5 of will be made available for public inspec­ Fish and Wildlife Service the Commodity Credit Corporation tion at the office of the Director during [ 50 CFR Part 32 1 Charter Act, as amended (62 Stat. 1070, regular business hours (8:15 a.m. to 4 :45 as amended; 15 U.S.C. 714b and 714c), p.m.) (7 CFR 1.27 (b )). BEAR LAKE NATIONAL WILDLIFE is considering a price support program Signed at Washington, D.C., on Sep­ REFUGE, IDAHO for the 1972 crop of soybeans, and the extension of the loan maturity date tember 13, 1971. Hunting for the 1971 crop of soybeans. Such K enneth E. F rick, Notice is hereby given that pursuant to consideration includes determinations Administrator, Agricultural Sta­ the authority vested in the Secretary of relative to (a) the level of price sup­ bilization and Conservation port for the 1972 crop of soybeans; the Interior by the Migratory Bird Con­ Service. servation Act of February 18, 1929, as (b) the manner of making such sup­ [FR Doc.71-13649 Filed 9-14-71;8:51 am] port available to producers; and (c) amended (45 Stat. 1222; 16 U.S.C. 715), and the National Wildlife Refuge Sys­ extending the maturity date for loans secured by 1971 crop soybeans. tem Administration Act of 1966 (80 Stat. E 7 CFR Part 1464 1 The determinations specified above are 927 as amended; 16 U.S.C. 668dd), it is to be based on the following: BURLEY TOBACCO proposed to amend 50 CFR Fart 32 by (a) The level of price support for the Proposed Advance Rates by Grade the addition of Bear Lake National Wild­ 1972 crop of soybeans. The Act authorizes life Refuge, Idaho, to the list of areas for 1971 Crop open to the hunting of big game as legis­ the Secretary to make price support available to producers for soybeans at a latively permitted. Correction level not in excess of 90 percent of the In F.R. Doc. 71-12915 appearing at It has been determined that regulated parity price for the commodity. The Act hunting of big game may be permitted page 17874 in the issue of Saturday, Sep­ requires that, in determining the level of tember 4, 1971, under the last column of as designated on the Bear Lake National such support, consideration be given to the table headed “All crops under loan Wildlife Refuge without detriment to the supply of the commodity in relation the objectives for which the area was at Apr. 30, 1971—as percent of grade to the demand therefor, the price levels marketings of an average crop”, the fig­ established. at which other commodities are being It is the policy of the Department of u r e “71.6” for the grade designation T3F supported, the availability of funds, the should read “17.6” and the figure “9.82” the Interior, whenever practicable, to perishability of the commodity, the im­ afford the public an opportunity to par­ for the grade designation M5F should portance of the commodity to agriculture read “29.8”. ticipate in the-rulemaking process. Ac­ and the national economy, the ability to cordingly, interested persons may submit dispose of stocks acquired through a written comments, suggestions, or objec­ price-support operation, the need for Consumer and Marketing Service tions, with respect to the proposed offsetting temporary losses of export [ 7 CFR Part 927 3 amendment, to the Director, Bureau of markets, and the ability and willingness Sport Fisheries and Wildlife, Washing­ of producers to keep supplies in line with BEURRE D’ANJOU AND CERTAIN ton, D.C. 20240, within 30 days of the demand. In determining the level of price OTHER VARIETIES OF PEARS date of publication of this notice in the support, particular consideration is re­ GROWN IN OREGON, WASHING­ F ederal R egister. quired to be given to the levels at which TON, AND CALIFORNIA Section 32.31 is amended by the fol­ the prices of competing agricultural com­ lowing addition : modities are being supported. Proposed Expenses and Rate of As­ § 32.31 List of open areas ; big game. (b) The manner of making price sup­ sessment for 1971—72 Fiscal Period * * * * * port available to producers. The Act authorizes the Secretary to make price Consideration is being given to the fol­ I daho support available to producers through lowing proposal submitted by the Control Bear Lake National Wildlife Refuge. loans, purchases or other operations. Committee, established pursuant to the * * * * * Consideration is being given to making marketing agreement, as amended, and price support available through farm Order No. 927, as amended (7 CFR Part J . P. L induska, 927), regulating the handling of Beurre Acting Director, Bureau of and warehouse storage loans to and pur­ chases from producers. D’Anjou, Beurre Bose, Winter Nelis, Sport Fisheries and Wildlife. Doyenne du Comice, Beurre Easter, and (c) Extension of maturity date for S eptember 10,1971. Beurre Clairgeau varieties of pears loans secured by 1971 crop soybeans. grown in Oregon, Washington, and Cali­ [FR Doc.71-13588 Filed 9-14-71;8:51 am] Consideration is also being given as to fornia, effective under the Agricultural whether or not the maturity date of out­ Marketing Agreement Act of 1937, as standing loans secured by 1971 crop soy­ beans will be extended. amended (7 U.S.C. 601-674), as the agency to administer the terms and pro­ DEPARTMENT OF AGRICULTURE Prior to making any of the foregoing visions thereof: Commodity Credit Corporation determinations, consideration will be given to any data, views, and recommen­ (1) That expenses which are reason­ E 7 CFR Part 1421 ] dations which are submitted in writing able and necessary to be incurred by the Control Committee, during the period SOYBEAN PRICE SUPPORT AND to the Director, Oilseeds and Special Crops Division, Agricultural Stabiliza­ July 1, 1971, through June 30, 1972, will RESEAL LOAN PROGRAMS tion and Conservation Service, U.S. amount to $57,360. Notice of Proposed Rule Making Department of Agriculture, Washington, (2) That the rate of assessment for D.C. 20250. In order to be sure of con­ such period, payable by each handler in Notice is hereby given that the Secre­ sideration, all submissions must be tary of Agriculture, under the authority received by the Director not later than accordance with § 927.41, be fixed at of sections 301, 303, and 401 of the Ag­ 30 days after publication of this notice $0.01 per standard western pear box of

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18474 PROPOSED RULE MAKING pears, or an equivalent quantity of pears The order presently requires a supply to manufacture the excess when it is not in other containers or in bulk. plant to ship at least 40 percent of its needed, by such plants. All persons who desire to submit receipts to a distributing plant to be The representative of one cooperative written data, views, or arguments in pooled in any month. Provision is made testified that during the coming months connection with the aforesaid proposals also whereby a supply plant that has through November 1971, the association shall file the same in quadruplicate, with shipped 40 percent of its producer milk expects to ship more than 40 percent of the Hearing Clerk, U.S. Department of receipts throughout the August-October its producer milk to pool distributing Agriculture, Room 112A, Administration period automatically has pool plant plants. In doing so, one of its supply Building, Washington, D.C. 20250, not status for the following November-July plants will ship close to 100 percent of its later than the 20th day after the publica­ period, if the operator of such plant so receipts to pool distributing plants, and tion of this notice in the F ederal R egis­ elects. Any deliveries of milk by a coop­ another will be unable to meet the mini­ ter. All written submissions made pur­ erative association during the August- mum shipping requirements. This re­ suant to this notice will be made avail­ October period directly from the farms of sults because some supply, plants are able for public inspection at the office of producer members to a pool distributing closer to the market center than others, the Hearing Clerk during regular busi­ plant may be considered as having been and some have more flexibility in meet­ ness hours (7 CFR 1.27(b) ). received first at a plant of such coopera­ ing the varying needs of distributing tive association for qualification pirn- Dated: September 10, 1971. plants. poses. Also, the order provides that each pool P aul A. Nicholson, A group of 10 cooperative associations supply plant must qualify independently Acting Director, Fruit and Veg­ representing a substantial majority of of other plants operated by a cooperative etable Division, Consumer and the producers supplying the market re­ association. This independent qualifica­ Marketing Service. quested the changes proposed herein. The tion is modified by a revision that per­ [FR Doc.71-13587 Filed 9-14r-71;8:51 am] cooperatives operate 15 of the 18 pool mits the milk that is shipped direct from supply plants serving the market. Two of the farms of member producers to be the supply plants are operated by other counted as a receipt at the plant of a co­ 17 CFR Part 1068 ] cooperative associations, and one is op­ operative association. But direct ship­ erated by a proprietary handler. Ba­ [Docket No. AO-178-A27] ments to the market are insufficient sically, proponents testified that the under present marketing conditions to MILK IN MINNEAPOUS-ST. PAUL market has become more complex assure qualification for all supply plants MARKETING AREA since 1966 when the present ship­ associated with the market. ping requirements for pooling supply Two other cooperative associations are Decision on Proposed Amendments to plants were established. This com­ in similar circumstances. This is the focal Marketing Agreement and to Order plexity is the result of (a) substantial point of current marketing conditions marketing area expansion in 1969, (b) which culminated in the proposal to lower A public hearing was held upon pro­ changes in the relationship of producer the shipping requirement for pool supply posed amendments to the marketing milk supplies to Class I sales, and (c) plants. agreement and the order regulating the changes in handler operations. Propo­ Identifiable changes in marketing con­ handling of milk in the Minneapolis-St. nents contended that the impact of these ditions have occurred since 1966 when the Paul marketing area. The hearing was changes has resulted in the immediate present shipping requirements for pool­ held, pursuant to the provisions of the prospect of the loss of pool status for at ing supply plants were established. In Agricultural Marketing Agreement Act least three supply plants which regularly 1969, the marketing area was expanded of 1937, as amended (7 U.S.C. 601 et seq.), have been associated with the market. substantially, adding pool plants and and the applicable rules of practice (7 The proposals were not opposed by inter­ producers, and changing the previous CFR Part 900), at Bloomington, Minn., ested parties either at the hearing or in supply-sales patterns of the market. August 17-18, 1971, pursuant to notice posthearing briefs. Between December 1969-70 about 103 thereof issued on August 2, 1971 (36 F.R. Pooling standards for supply plants producers left plants in the Wisconsin 14476). identify such plants that are associated portion of the supply area. At the same F indings and Conclusions with the market as regular suppliers of time, 121 producers were added to pool milk needed for fluid use. Such standards plants in the Minnesota part of the sup­ The following findings and conclusions distinguish between plants meeting a ply area. Even though the net increase on the material issues are based on evi­ reasonable standard of regular and cus­ in producer numbers was relatively small, dence presented at the hearing and the tomary service to the market and those a shift of this kind changed the supply- record thereof: which do not. The requirements assure The material issues on the record re­ sales alinement among plants. that handlers engaged in bottling and The population of the marketing area late to: distributing operations in the market will 1. Charges on overdue accounts. (as presently constituted) increased sig­ obtain sufficient milk from supply plants nificantly over the past decade. The 1970 2. Provisions for pooling supply plants. to meet their fluid milk requirements. 3. The need for emergency action on census registered a total increase of about Without such requirement, supply plants 21 percent. However, larger increases Issue No. 2. will tend to keep milk at their plants for 4. Diversion of producer milk. occurred in counties adjacent to the manufacturing when it is to their advan­ metropolitan centers. The population in­ 5. Location differentials. tage to do so. crease in the seven counties surround­ 6. Miscellaneous administrative and Additionally, pooling standards are in­ ing Hennepin County (Minneapolis) conforming changes. tended to accommodate a sharing of the ranged between 12 percent and 79 This decision pertains only to Issues Class I sales of the regulated market percent. Nos. 2 and 3. The other issues are de­ among those dairy farmers who consti­ The incidence of wholesale distribution ferred for decision later. tute its regular sources of milk supply. has grown in response to changes in the 2. Pool plant shipping requirements Otherwise, dairy farmers who have no methods of marketing milk. Large quan­ for supply plants. The percentage of re­ regular affiliation could casually, or in an tities of milk are needed to supply chain ceipts that a supply plant must ship to incidental manner, associate with the stores at the end of the week while pool distributing plants to qualify as a market when It is to their advantage to smaller volumes are needed on other bot­ pool plant should be reduced to 30 per­ do so, but without intention of provid­ tling days. Handlers have adopted a 5- cent of its total receipts from farms. The ing it with a dependable supply over day bottling schedule in response to order should be amended further to pro­ time. consumer demand for more milk at the vide automatic pool qualification for a The supply plant pooling standards of end of the week. This means that supply supply plant during the period Decem­ Order No. 68 recognize the dual market­ plants must handle larger reserves dur­ ber-August if it qualified as a pool sup­ ing functions of such plants in this mar­ ing the week, and seasonally, even though ply plant throughout the preceding ket, which are to ship milk to pool dis­ their service function to the market re­ September-November period. tributing plants when it is needed, and mains unchanged. The result has been

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 PROPOSED RULE MAKING 18475 that some supply plants are shipping a proposed change in the qualification (b) The parity prices of milk as de­ smaller proportion of their total receipts months. termined pursuant to section 2 of the Act and are in jeopardy of losing pool status 3. Emergency action. The due and are not reasonable in view of the price even though they continue to service the timely execution of the functions of the of feeds, available supplies of feeds, and fluid milk needs of pool distributing Secretary under the Act imperatively and other economic conditions which affect plants as before. unavoidably requires the omission of a market supply and demand for milk in Further, the increase in the number of recommended decision and an oppor­ the markéting area, and the minimum new producers has been moderate—up 2 tunity for exceptions thereto. The con­ prices specified in the tentative market­ percent between 1969-70. While this in­ tinued orderly marketing of milk through ing agreement and the order, as hereby crease has been relatively small, produc­ pool supply plants requires that the at­ proposed to be amended, are such prices tion increase among producers regularly tached order be effective not later than as will reflect the aforesaid factors, insure associated with the market has been the October 1, 1971. a sufficient quantity of pure and whole­ principal cause of increased volumes of Any delay in informing interested some milk, and be in the public interest; producer milk—up about 11 percent be­ parties of the action taken will tend to and tween 1969-70. make ineffective the relief sought. As was (c) The tentative marketing agree­ These developments have had an ad­ discussed previously, some plants which ment and order, as hereby proposed to be amended, will regulate the handling verse effect on the ability of cooperatives have regularly qualified as pool supply to continue to pool supply plants which plants will not qualify during the cur­ of milk in the same manner as, and will have been regularly associated with the rent September-November period unless be applicable only to persons in the re­ market. this action is taken. Handlers and co­ spective classes of industrial and com­ operative associations should know mercial activity specified in, a market­ To accommodate the present situation promptly and with certainty the pooling ing agreement upon which a hearing has in the market, it is concluded that the provisions to be applicable during and been held. shipping requirements for pooling supply beyond the current qualifying period for M arketing Agreement and O rder plants should be reduced from 40 to 30 automatically pooling supply plants. The percent of receipts from farms. This timely execution of the order changes, as Annexed hereto and made a part hereof should enable not only the receipt of an herein proposed, will permit milk of pro­ are two documents, a marketing agree­ adequate supply of milk for the fall ducers which has been associated with ment regulating the handling of milk, months but also continued pool status for the market on a regular basis to remain and an order amending the order regu­ supply plants and producers who have pooled without requiring uneconomic lating the handling of milk in the Min- been and are regular suppliers of the handling to assure such pooling. neapolis-St. Paul marketing area which market. The hearing notice stated that consid­ have been decided upon as the detailed The problem of qualifying some of the eration would be given to the emergency and appropriate means of effectuating pool supply plants serving the market marketing conditions relating to the the foregoing conclusions. will extend into the current period for proposed amendment. Action under the It is hereby ordered, That this entire qualifying supply plants for automatic procedure prescribed above was re­ decision, except the attached marketing pooling. The months used to determine quested by the proponent cooperative as­ agreement, be published in the F ederal the automatic supply pool plant quali­ sociations and supported at the hearing R egister. The regulatory provisions of fication should correspond with the and in posthearing briefs. There was no the marketing agreement are identical months of peak Class I utilization in opposition to the requested expedited with those contained in the order as relation to supply. These are the months action. > hereby proposed to be amended by the when fluid milk is needed most at dis­ It is therefore found that good cause attached order which is published with tributing plants. The qualifying months this decision. now provided (August-October) were exists for omission of the recommended established in 1961. As indicated previ­ decision and the opportunity for filing Determination op P roducer Approval ously, the supply and demand situation exceptions thereto. and R epresentative P eriod for the market has changed considerably R ulings on P roposed F indings July 1971 is hereby determined to be since then. In 1961, the Class I utiliza­ and Conclusions the representative period for the purpose tion of producer milk in August was 67 Briefs and proposed findings and con­ of ascertaining whether the issuance of percent and in November 68 percent, a clusions were filed on behalf of certain the order, as amended and as hereby difference of only 1 percent. In 1970, the interested parties. These briefs, proposed proposed to be amended, regulating the Class I utilization in August was 44 per­ handling of milk in the Minneapolis- cent anfl in November 52 percent, or an findings and conclusions and the evi­ dence in the record were considered in St. Paul marketing area is approved or 8 percent higher Class I utilization in favored by producers, as defined under November than in August. It is antici­ making the findings and conclusions set forth above. To the extent that the sug­ the terms of the order, as amended and pated that a similar relationship will pre­ as hereby proposed to be amended, and vail in 1971. Because of this higher Class gested findings and conclusions filed by interested parties are inconsistent with who, during such representative period, I utilization in November as compared were engaged in the production of milk to August, it is concluded that the the findings and conclusions set forth herein, the requests to make such findings for sale within the aforesaid marketing months for determining automatic sup­ area. ply plant qualification should be changed or reach such conclusions are denied for to September, October, and November. the reasons previously stated in this Signed at Washington, D.C., on decision. Presently, the order allows automatic September 10,1971. G eneral F indings supply plant qualification during Novem­ R ichard E . L yng, ber through July for those plants that The findings and determinations here­ Assistant Secretary. qualify during the preceding August, inafter set forth are supplementary and September, and October. By changing the in addition to the findings and deter­ Order1 Amending the Order, Regulat­ months that determine automatic quali­ minations previously made in connection ing the Handling of Milk in the fication to September through Novem­ with the issuance of the aforesaid order Minneapolis-St. Paul Marketing ber, the months of automatic qualifica­ and of the previously issued amendments Area tion would be the following months of thereto; and all of said previous findings F indings and Determinations December-August. and determinations are hereby ratified and affirmed, except insofar as such find­ The findings and determinations here­ The order provides also that a coopera­ inafter set forth are supplementary and tive association’s direct shipments of ings may be in conflict with the findings milk to a distributing pool plant during and determinations set forth herein. August, September, and October may be 1 This order shall not become effective (a) The tentative marketing agrëé- unless and until the requirements of § 900.14 considered as having been received at the ment and the order, as hereby proposed of the rules of practice and procedure gov­ location of the association’s plant for to be amended, and all of the terms erning proceedings to formulate marketing qualifying purposes. This proviso should and conditions thereof, will tend to ef­ agreements and marketing orders have been also reflect, as a conforming change, the fectuate the declared policy of the Act; met.

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18476 PROPOSED RULE MAKING

in addition to the findings and deter­ November 30 percent or more of such received. All comments will be available, minations previously made in connection plant’s receipts of skim milk or butter- both before and after the closing date for with the issuance of the aforesaid order fat for such month as described above comments, in the Rules Docket for ex­ and of the previously issued amendments is delivered as provided in this para­ amination by interested persons. thereto; and all of said previous find­ graph, it shall be a pool plant through In consideration of the foregoing, it is ings and determinations are hereby the following August: And provided proposed to amend § 39.13 of Part 39 of ratified and affirmed, except insofar as further, That any deliveries of’ milk the Federal Aviation Regulations by add­ such findings and determinations may by a cooperative association during the ing the following new airworthiness be in conflict with the findings and de­ months of September, October, and No­ directive: terminations set forth herein. vember directly from a farm(s) of its (a) Findings. A public hearing was Hawker S iddeley Aviation, L td. Applies to producer member(s) to a plant(s) de­ Hawker Siddeley Model DH-104 “Dove” held upon certain proposed amendments scribed in paragraph (a) of this section airplanes. to the tentative marketing agreement may be considered, for purposes of this Compliance is required on or before June 1 and to the order regulating the handling paragraph, as having been received first 1972. of milk in the Minneapolis-St. Paul mar­ at a plant of such cooperative To prevent possible failure of the air bot­ keting area. The hearing was held pur­ association. tles, P/N B.2994, used in the two main air suant to the provisions of the * * * * * reservoir assemblies, P/N C.51450, of the Agricultural Marketing Agreement Act pneumatic system, replace the main air re­ [FR Doc.71-13558 Filed 9-14-71;8:48 am] servoir assemblies, P/N C.51450, located in of 1937, as amended (7 U.S.C. 601 et the fuselage nose with serviceable assemblies, seq.), and the applicable rules of prac­ P/N SAS.388-002, containing air bottles, P/N tice and procedure (7 CFR Part 900). BAT.205-001, manufactured from improved Upon the basis of the evidence intro­ material. duced at such hearing and the record DEPARTMENT OF (Hawker Siddeley Technical News Sheet, thereof, it is found that : Series: CT(104) No. 223, Is s u e '1, dated ( 1 ) The said order as hereby amended, TRANSPORTATION June 21,1971, covers this same subject.) and all of the terms and conditions Federal Aviation Administration This amendment is proposed under the thereof, will tend to effectuate the de­ authority of sections 313(a), 601, and clared policy of the Act; [ 14 CFR Part 39 1 603 of the Federal Aviation Act of 1958 (2) The parity prices of milk, as de­ [Docket No. 11377] (49 U.S.C. 1354(a), 1421, and 1423) and termined pursuant to section 2 of the section 6(c) of the Department of Trans­ Act, are not reasonable in view of the HAWKER SIDDELEY MODEL DH-104 portation Act (49 U.S.C. 1655(c)). price of feeds, available supplies of feeds, “DOVE” AIRPLANES Issued in Washington, D.C., on Sep­ and other economic conditions which tember 8,1971. affect market supply and demand for Proposed Airworthiness Directive milk in the said marketing area, and the The Federal Aviation Administration J ames F . R udolph, minimum prices specified in the order is considering amending Part 39 of the Director, as hereby amended, are such prices as Federal Aviation Regulations by adding Flight Standards Service. will reflect the aforesaid factors, insure an airworthiness directive applicable to [FR Doc.71-13550 Filed 9-14-71;8:48 am] a sufficient quantity of pure and whole­ Hawker Siddeley Model DH-104 “Dove” some milk, and be in the public interest; airplanes. It has been determined that and the air bottles, P/N B.2994, used in the [ 14 CFR Part 71 1 (3) The said order as hereby amended two main air reservoir assemblies, P/N [Airspace Docket No. 71-RM-8] regulates the handling of milk in the C.51450, are made of a material which same manner as, and is applicable only to is susceptible to cracks due to stress cor­ CONTROL ZONES AND TRANSITION persons in the respective classes of in­ rosion. The nature of stress corrosion is AREA dustrial or commercial activity specified such that it is ordinarily discoverable Proposed Alteration in, a marketing agreement upon which a only by microscopic examination before hearing has been held. cracks appear; and cracking of these The Federal Aviation Administration (b) Order relative to handling. It is bottles could result in failure of the is considering an amendment to Part 71 therefore ordered that on and after the pneumatic system, on DH-104 “Dove” of the Federal Aviation Regulations that effective date hereof the handling of milk airplanes. Since this condition is likely would alter the description of the Great in the Minneapolis-St. Paul marketing to exist or develop in other airplanes Falls, Mont. (International Airport), the area shall be in conformity to and in of the same type design, the proposed Great Falls, Mont. (Malmstrom Air Force compliance with the terms and condi­ airworthiness directive would require re­ Base), control zones and the Great Falls, tions of the order, as amended, and as hereby amended, as follows: placement of the two main air reservoir Mont., transition area. assemblies, P/N C.51450, with new as­ Interested persons may participate in In § 1068.9, paragraph (b) is revised to read: semblies, P/N SAS.388-002, which con­ the proposed rule making by submitting tain new air bottles, P/N BAT.205-001, such written data, views, or arguments § 1068.9 Pool plant. manufactured from an improved mate­ as they may desire. Communications * aie * * * rial, on DH-104 “Dove” airplanes by should be submitted in triplicate to the (b) Any plant from which during any June 1,1972. Chief, Air Traffic Division, Federal Avi­ month 30 percent or more of such plant’s Interested persons are invited to par­ ation Administration, Park Hill Sta­ total receipts for such month from farms ticipate in the making of the proposed tion, Post Office Box 7213, Denver, CO of skim milk or butterfat eligible for sale rule by submitting such written data, 80207. All communications received with­ in fluid form as Grade A milk within the views, or arguments as they may desire. in 30 days after publication of this no­ marketing area is delivered to (1) a Communications should identify the doc­ tice in the F ederal R egister will be con­ plant (s) which has qualified pursuant to ket number and be submitted in dup­ sidered before action is taken on the paragraph (a) of this section, (2) any licate to the Federal Aviation Adminis­ proposed amendment. No public hearing other plants located within the mar­ tration, Office of the General Counsel, is contemplated at this time, but ar­ keting area from which Class I milk is Attention: Rule Docket, GC-24, 800 In­ rangements for informal conferences disposed of within the marketing area on dependence Avenue SW., Washington, with Federal Aviation Administration of­ a route (s), or (3) a govemmentally DC 20591. All communications received ficials may be made by contacting the Regional Air Traffic Division Chief. Any owned and operated institution which on or before October 15, 1971, will be disposes of Class I milk solely for use considered by the Administrator before data, views, or arguments presented dur­ on its own premises or to its own facil­ taking action upon the proposed rule. ing such conferences must also be sub­ ities: Provided, That if during each of The proposals contained in this notice mitted in writing in accordance with this the months of September, October, and may be changed in the light of comments notice in order to become part of the

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 PROPOSED RULE MAKING 18477

record for consideration. The proposal 180° bearing, extending from the 17-mile combined design-construction contract, contained in this notice may be changed radius area to 9 miles south of the RBN; and and that the award of the contract will that airspace extending upward from 1,200 in the light of comments received. feet above the surface within a 40-mile radius be made to the responsible bidder sub­ A public docket will be available for of Malmstrom AFB; within 12 miles north mitting the lowest responsive bid, which examination by interested persons in the and 8 miles south of the Great Falls VOR shall be determined without regard to office of the Regional Counsel, Federal 074° radial, extending from the 40-mile- State or local law whereby preference is Aviation Administration, 10255 East 25th radius area to 61 miles east of the VOR; and given on factors other than the amount Avenue, Aurora, CO 80010. within 12 miles south and 8 miles north of of the bid; The airspace requirements for Great the Great Falls VOR 272° radial extending (b) That the project will not be ad­ Falls, Mont., have been reviewed in ac­ from the 40-mile-radius area to 56 miles vertised, or placed on the market for bid­ cordance with the criteria contained in west of the VOR. ding until the final design or performance the U.S. Standard for Terminal Instru­ This amendment is proposed under the plans and specifications have been ap­ ment Procedure (TERPS). As a result authority of section 307(a) of the Federal proved by the Administrator and the ap­ of the review, it has been determined Aviation Act of 1958, as amended (49 propriate State agency, and thè applicant that the control zones and transition area U.S.C. 1348(a)), and of section 6(c) of has been so notified; the contract for a must be altered to provide controlled air­ the Department of Transportation Act project based on performance specifica­ space protection for the instrument (49 U.S.C. 1655(d)). tions shall contain appropriate g u a r a n ­ procedures. issued in Aurora, Colo., on Septem­ tees of performance; and In § 71.171 (36 F.R. 2055) the follow­ ber 7,1971. (c) That the construction contract will ing control zones are amended to read require the contractor to furnish per­ as follows: M. M. Martin, Director, formance and payment bonds, the Great F alls, Mont. (International Rocky Mountain Region. amount of which shall be in an amount Airport) not less than 50 per centum (50 per­ [FR Doc.71-13551 Filed 9-14-71;8:48 am] Within a 5-mile radius of the Great Falls cent) of the contract price, and to International Airport (latitude 47°29'00" N., maintain during the construction phase longitude 111°22'00" W.) within 3 ya miles of the contract adequate fire and ex­ each side of the Great Falls VORTAC 225° tended coverage, workmen’s compensa­ radial, extending from the 5-mile radius ENVIRONMENTAL PROTECTION tion, public liability and property damage zone to 10 miles southwest of the VORTAC; insurance; proceeds of the performance within 3 y2 miles each side of the Great AGENCY and payment bonds and fire and ex­ Falls VORTAC 045° radial, extending from tended coverage insurance shall, in the the 5-mile radius zone to 19 miles north­ [18 CFR Part 601 1 discretion of the Administrator, be ap­ east of the VORTAC. GRANTS FOR CONSTRUCTION OF plied to meet the cost of construction of Great F alls, Mont. (Malmstrom Air the project. F orce B ase) TREATMENT WORKS Interested persons may submit, in tripli­ Within a 5-mile radius of the Malmstrom Assurances From Applicant cate, written data, views, or arguments in AFB (latitude 47°30’05" N., longitude 111, 11'20" W.); within 3% miles each side Notice is hereby given that the Ad­ regard to the proposed regulations to of the Malmstrom AFB VOR 037° radial, ministrator, Environmental Protection the Director, Grants Administration Di­ extending from the 5-mile-radius zone to 15 y2 Agency, proposes to amend Part 601, vision, Office of Administration, Environ­ miles northeast of the VOR; within 3 y2 miles Subpart B, § 601.27 Assurances from, mental Protection Agency, Washington, each side of the Malmstrom AFB TACAN 227° The purpose of this amend­ radial, extending from the 5-mile-radius zone applicant. D.C. 20460. Copies of the submissions will to 7 miles southwest of the TACAN; exclud­ ment is to establish regulations to permit be available for examination by inter­ approval of “Turn-Key” projects for ing those portions within the Great Falls ested persons in Room 1103, 1750 K International Airport control zone. waste treatment plant construction. The proposed revision is set forth below. Street NW., Washington, DC. All rele­ In § 71.181 (36 F.R. 2140) the follow­ vant material received not later than 30 ing transition area is amended to read as § 601.27 Assurances from applicant. days after publication of this revised follows: (a) That actual construction work Great F alls, Mont. regulation will be considered. will be performed by the lump sum (fixed That airspace extending upward from 700 price) or' unit price contract method, Dated: September 9, 1971. feet above the surface within a 17-mile radius of the Malmstrom Air Force Base (latitude that adequate methods of obtaining com­ W illiam D. R uckelshaus, 47°30'05" N., longitude 111°11'20" W.) and petitive bidding will be employed prior to Administrator. within 3 y2 miles each side of the Truly RBN awarding the construction contract or a [FR Doc.71-13553 Filed 9-14-71;8:48 am]

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18478 Notices

terminated effective upon publication of Office of Hearings and Appeals DEPARTMENT OF THE TREASURY this notice, as to the lands described Bureau of Customs below, and the lands are opened only to [Docket No. M 72-5] exchanges in furtherance of a Federal CHAPPELL COAL CO. COLOR TELEVISION PICTURE TUBES land program: FROM JAPAN G ila and S alt R iver Meridian, Arizona Petition for Modification of Interim Mandatory Safety Standard Antidumping Proceeding Notice T. 12 S., R. H E ., sec. 27, W % E^ and Wy2; In accordance with the provisions of S eptember 8, 1971. sec. 28, NEV4, NE^NWi/4, S ^ N w k , and section 301(c) of the Federal Coal Mine On August 9, 1971, information was S*/2; Health and Safety Act of 1969 (30 U.S.C. received in proper form pursuant sec. 29, Ei/aSE^. sec. 861(c) (Supp. V, 1970)), notice is to §§ 153.26 and 153.27, Customs reg­ The areas described aggregate 1,160 given that the Chappell Coal Company ulations (19 CFR 153.26, 153.27), in­ acres. has filed a petition to modify the. appli­ dicating a possibility that color tele­ Inquiries concerning the lands should cation of section 317(f) (1) of the Act, 30 vision picture tubes from Japan are be addressed to the State Director, U.S.C. section 877(f) (1) (Supp. V, 1970), being, or likely to be, sold at less than Bureau of Land Management, 3022 Fed­ and 30 CFR 75.1704-1 (b) to its Chappell fair value within the meaning of the eral Building, Phoenix, AZ 85025. Mine. Antidumping Act, 1921, as amended (19 Section 317(f) (1) of the Act provides U.S.C. 160 et seq.). J oe T. F allini, in pertinent part as follows: State Director. There is evidence on record concern­ * * * Escape faculties approved by the ing injury to or likelihood of injury to [FR Doc.71-13530 Filed 9-14-71;8:46 am] Secretary or his authorized representative, or prevention of establishment of an properly maintained and frequently tested, industry in the United States. shall be present at or in each escape shaft Having conducted a summary investi­ Bureau of Reclamation or slope to allow all persons, including dis­ gation as required by § 153.29 of the abled persons, to escape quickly to the sur­ Customs regulations (19 CFR 153.29) SANTA MARGARITA PROJECT, face in the event of an emergency. CALIFORNIA and having determined as a result there­ 30 CFR 75.1704-1 (b) provides as of that there are grounds for so doing, Notice of Availability of Draft follows: the Bureau of Customs is instituting an Environmental Statement (b) Each escape shaft which is more than inquiry to verify the information sub­ 20-feet deep shall include elevators, hoists, mitted and to obtain the facts necessary Notice is hereby given that a draft of cranes, or other such equipment, which shall to enable the Secretary of the Treasury document entitled “Environmental be equipped with cages and buckets. When to reach a determination as to the fact Statement on Santa Margarita Project, such facilities are not automatically operated, or likelihood of sales at less than fair California, Pursuant to section 102(2) an attendant shall be on duty during any value. (C) of the National Environmental Pol­ coal-producing or maintenance shift. An A summary of information received icy Act of 1969“ dated July 1971, has attendant as used In this subsection means from all sources is as follows: a person located on the surface in a position been prepared as required by the Act where it is possible to hear or see a signal The information received tends to and is being placed for public examina­ calling for the use of such facilities and indicate that the prices of the merchan­ tion in offices of the Bureau of Recla­ who is readUy avaUable to operate such facil­ dise sold for exportation to the United mation in Washington, D.C., Boulder ities or to readily obtain another person to States are less than the prices for home City, Nev., and San Bernardino, Calif. operate such facilities. consumption. Persons wishing to examine a copy of the Petitioner proposes as an alternate This notice is published pursuant to document may do so at any of the follow­ standard the continued use of its present ing offices: § 153.30 of the Customs Regulations (19 escape shaft which is described in its CFR 153.30). Office of Information, Bureau of Rec­ petition as follows: lamation, Room 7642, Department of [seal! E dwin F. R ains, The escape shaft in the Chappell Mine is Acting Commissioner of Customs. the Interior, C Street between 18th and 120-feet deep, on the intake air and is pro­ 19th streets, NW., Washington,. DC [FR Doc.71-13561 Filed 9-14-71;8:49 am] vided with seven wood ladders connecting 20240; telephone (202) 343-4662; seven landings spaced 14-feet to 21-feet Office of the Regional Director, Bureau apart. The ladders are of 2 " x 6“ wood side of Reclamation, Post Office Box 427, rails with 2" x 4” staves mortised into the Nevada Highway and Park Street, side rails. The landing platforms are 2-feet DEPARTMENT OF THE INTERIOR wide and made of 2” plank supported by Boulder City, NV 89005; telephone (702) timbers across the shaft. The escape shaft Bureau of Land Management 293-8419; varies in size as follows: [Serial Number A 58] Southern California Planning Office, Timbered to approximately 6-foot square Bureau of Reclamation, Post Office Box for a distance of 39 feet from the surface. ARIZONA 1303, 528 Mountain View Avenue, San Timbered to approximately 3'6” to 4'6” square for the next 48 feet. Notice of Partial Termination of Bernardino, CA 92402; telephone (714) 884-3441. Untimbered 7 '6 " in diameter through Classification sandstone for the remaining 33 feet to the Single copies of the draft statement floor of the shaft. August 30, 1971. may be obtained on request to the Com­ The enclosed map of the mine shows the Pursuant to section 2 of the Act of missioner of Reclamation, the Regional location of the escape shaft in relation to September 19, 1964 (43 U.S.C. 1412), Director, or the Area Planning Officer. the haulage slope and the working faces off the haulage entry. The haulage slope to the classification published December 24, Dated: September 7, 1971. 1966 (31 F.R. 16502) classifying public surface is 1,275-feet long and 10 feet to 12 lands for disposal in satisfaction of valid E llis L. Armstrong, feet wide to within 300 feet of the portal which is 6 feet to 7 feet wide. The haulage scrip rights pursuant to section 3 of the Commissioner of Reclamation. entry is 12-feet wide. The distance of the Act of August 31, 1964 (78 Stat. 751) is [FR Doc.71-13531 Filed 9-14r-71;8:46 am] haulage way from the working face to the

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 NOTICES 18479 slope portal is 1,900 feet and the distance of one, within 30 days from the date of pub­ [Docket No. M 72-8] the escape way from the working face to lication of this notice in the F ederal IMPERIAL COAL CO. the escape shaft is 1,550 feet. R egister with the Office of Hearings and Petitioner asserts that its present sys­ Appeals, Hearings Division, U.S. Depart­ Petition for Modification of Interim tem will at all times guarantee no less ment of the Interior, 6432 Federal Build­ Mandatory Safety Standard than the same measure of protection af­ ing, Salt Lake City, UT 84111. Copies of forded the miners by the standard set the petition are available for inspection In accordance with the provisions of forth in section 317(f)(1) of the Act at that address. section 301(c) of the Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. “requiring automatic elevators.” E rnest F . H om, Parties interested in this petition Acting Director, sec. 861(c) (Supp. V, 1970)), notice is should file their answers or comments Office of Hearings and Appeals. given that The Imperial Coal Company within 30 days from the date of publica­ has filed a petition to modify the appli­ S eptember 3, 1971. cation of section 305(d) of the Act, 30 tion of this notice in the F ederal R eg­ U.S.C. section 865(d) (Supp. V, 1970), as ister with the Office of Hearings and [FR Doc.71-13526 Filed 9-14-71:8:45 am] Appeals, Hearings Division, U.S. Depart­ it applies to its Imperial Mine. Section 305(d) provides as follows: ment of the Interior, 6432 Federal Build­ [Dockeit No. M 72-7] ing, Salt Lake City, UT 84111. Copies of (d) All power-connection points, except the petition are available for inspection IMPERIAL COAL CO. where permissible power connection units are at that address. used, outby the last open crosscut shall be E rnest F. H om, Petition for Modification of Interim in intake air. Acting Director, Mandatory Safety Standard The petitioner proposes to modify the Office of Hearings and Appeals. In accordance with the provisions of application of section 305(d) by provid­ [FR Doc.71-13525 Filed 9-14-71;8:45 am] section 301(c) of the Federal Coal Mine ing that the trolley connection points Health and Safety Act of 1969 (30 U.S.C. shall be in the return air course. Peti­ tioner states that during the entire life [Docket No. M 72-6] sec. 861(c) (Supp. V, 1970)), notice is given that the Imperial Coal Co. has filed of the Imperial Mine the trolley con­ CLAYTON COAL CO. a petition to modify the application of nection has been in the return air course section 305(d) of the Act, 30 U.S.C. sec­ and that to change it to the intake course Petition for Modification of Interim tion 865(d) (Supp. V, 1970), as it applies would result in reducing the safety stand­ Mandatory Safety Standard to its Eagle Mine. ard of the mine to the detriment of the In accordance with the provisions of employees. Petitioner suggests that the Section 305(d) provides as follows: placing of the trolley connection in the section 301(c) of the Federal Coal Mine (d) All power-connection points, except intake air course would cause hazardous Health and Safety Act of 1969 (30 U.S.C. where permissible power connection units sec. 861(c) (Supp. V, 1970)), notice is ice accumulations in the hoisting shaft are used, outby the last open crosscut shall because of repeated freezing which would given that the Clayton Coal Co., has filed be in intake air. a petition to modify the application of prevent the cages from being operated section 305(d) of the Act, 30 U.S.C. sec­ Petitioner proposes to modify the ap­ safely. Petitioner states that the present tion 865(d) (Supp. V, 1970), to its Lincoln plication of section 305(d) by providing system should be continued to provide Mine. that the trolley connection points in the gfeater safety for its employees. Section 305(d) provides as follows: mine shall be in the intake air course Parties interested in this petition shall “except for a relatively short distance file their answers or comments and, if (d) All power-connection points, except where it enters the return air course at they wish a hearing, their request for where permissible power connection units the hoisting shaft, through automatic are vised, outby the last open crosscut shall one, within 30 days from the date of pub­ be in intake air. doors”. Petitioner states that the mine lication of this notice in the F ederal R eg­ originally was always operated with the ister with the Office of Hearings and The petitioner proposes to modify the trolley connection in the intake air course Appeals, Hearings Division, U.S. Depart­ application of section 305(d) so that but that, because of repeated freezing ment of the Interior, 6432 Federal Build­ trolley connection points in the mine which caused dangerous ice conditions ing, Salt Lake City, UT 84111. Copies of “shall remain in that part of the return in the hoisting shaft, at the suggestion the petition are available for inspection air course which contains the belt de­ of an inspector of the Bureau of Mines at that address. livery equipment to the surface, approxi­ an air lock operated by automatic doors mately 2,000 feet, and that motor and was installed near the bottom of the shaft E rnest F . H om, control boxes without permissible power and thereafter the trolley connection for Acting Director, connection units shall continue to be a short distance passed through return Office of Hearings and Appeals. used in this area”. Petitioner asserts that air. Petitioner asserts that this com­ S eptember 3, 1971. this system has been in effect during the pletely eliminated the hazard caused by [FR Doc.71-13528 Filed 9-14-71;8:46 am] entire life of the mine and that it cannot dangerous ice accumulations in the shaft change the setup in the area so that an and that the present system should be intake air course can be provided. Peti­ continued to provide greater safety for tioner states that the present return air its employees. DEPARTMENT OF HEALTH, course in the area containing the belt Parties interested in this petition shall delivery system is located in a rock file their answers or comments and, if tunnel and that a new tunnel to provide EDUCATION, AND WELFARE an intake air course cannot be driven they wish a hearing, their request for one, Food and Drug Administration within 30 days from the date of publica­ for the reason that it would have to be [Docket No. FDC-D-370; NADA 11-511V] driven through rock, which would re­ tion of this notice in the F ederal R egis­ quire the new tunnel to be in an aban­ ter with the Office of Hearings and WINTHROP LABORATORIES doned and exposed caved in and worked Appeals, Hearings Division, U.S. Depart­ Milvonique; Notice of Withdrawal of coal area containing undesirable, noxi­ ment of the Interior, 6432 Federal Build­ ous, hazardous and dangerous air. Peti­ New Animal Drug Application ing, Salt Lake City, UT 84111. Copies of tioner states that the resulting condition Correction would be extremely dangerous to the em­ the petition are available for inspection ployees of the mine and could not be at that address. In F.R. Doc. 71-12189 appearing on tolerated under any conditions. E rnest F . Hom, page 16214 in the issue of Friday, Au­ Parties interested in this petition shall Acting Director, gust 20, 1971, the word “bithional” ap­ file their answers or comments and, if Office of Hearings and Appeals. pearing in the 11th line of the first para­ they wish a hearing, their request for [FR Doc.71-13527 Filed 9-14-71:8:45 am] graph should read “bithionol”.

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 No. 179—Pt. I------5 18480 NOTICES

Office of Education an extension of the expiration date of Florida3 and return. The proposed fares Provisional Operating License No. DPR- ADULT EDUCATION apply from the point of origin in the 9 which authorizes the possession and north on Friday with return the follow­ Establishment of Closing Date for operation of the Enrico Fermi Atomic ing Monday. No stopovers will be per­ Receipt of Applications for Special Power Plant, a sodium-cooled fast mitted en route, and reservations may Experimental Demonstration Proj­ breeder reactor, at thermal power levels not be made earlier than 14 days prior not to exceed 200 megawatts located in to date of departure. The proposed round ects and for Teacher Training; Fiscal Monroe County, Mich. trip fare is $92.59 with the exception Year 1972 Funds Good cause having been shown in the of Minneapolis and Montreal/Ottawa, The Adult Education Act of 1966, Pub­ application for this extension pursuant where the proposed fares are $99.07 and lic Law 89-750, title III, as amended by to paragraph 5 of said license and part $100 respectively. The discounts from Public Law 91-230, title III, provides for 50 of the Commission’s regulations in 10 regular round trip coach fares range be­ educational programs for adults to en­ CFR: It is hereby ordered, That the tween 15 and 50 percent. The tariff is able them to overcome English language expiration date of provisional operating marked to expire with December 15,1971. limitations, to improve their education license No. DPR-9 is extended from June Eastern asserts that its proposal is in preparation for occupational training 30, 1971, to December 31, 1971. aimed at stimulating short period dis­ cretionary travel and that while the and more profitable employment, and to Dated at Bethesda, Md., this 1st day become more productive and responsible of September 1971. summer and winter periods lend them­ citizens. Section 309 of the Act authorizes selves to the more traditional type va­ the U.S. Commissioner of Education to For the Atomic Energy Commission. cation, the fall traffic slump can best be rectified by appealing to the “long week­ make grants: F rank S chroeder, (1) To local educational agencies or Acting Director, end” type traveler. other public or private nonprofit agen­ Division of Reactor Licensing. Based on data gathered from its exist­ ing Florida-North weekend fares and its cies, including educational television sta­ [FR Doc.71-13567 Filed 9-14-71;8:49 am] tions, for special experimental demon­ North to Florida fare experiment in June, stration projects which (a) involve the 1971, Eastern estimates that it will gen­ use of innovative methods, systems, ma­ erate approximately 17,000 passengers terials, or programs which the Commis­ during the fall period and realize a net CIVIL AERONAUTICS BOARD revenue increase in excess of $940,000. sioner determines may have national sig­ [Docket No. 23424] nificance or be of special value in pro­ Northwest Airlines, Inc. (Northwest) moting effective programs under the Act BRITISH OVERSEAS AIR CHARTER, and Northeast Airlines, Inc. (Northeast) or (b) involve programs of adult edu­ LTD. have filed complaints against Eastern’s cation, carried out in cooperation with proposal, and request its investigation other Federal, federally assisted, State, Notice of Hearing and suspension. Northwest alleges that the fares are unreasonably low and will or local programs which the Commis­ Notice is hereby given, pursuant to the sioner determines have unusual promise negate the benefits of the recent increase provisions of the Federal Aviation Act of in regular fares by erosion of yields. It in promoting a comprehensive or coor­ 1958, as amended, that a public hearing dinated approach to the problems of per­ further asserts that the directional con­ in the above-entitled proceeding is as­ cept of the fares (southbound on Fridays sons with basic educational deficiencies; signed to be held on October 6, 1971, at and and northbound on Mondays) could well 10 a.m. (local time) in Room 911, Uni­ aggravate- the peaking problem suffered (2) To colleges or universities, State versal Building, 1825 Connecticut Ave­ by all carriers on those days. Northeast or local educational agencies, or other nue NW., Washington DC, before the appropriate public or private agencies alleges, inter alia, that the fares will be undersigned Examiner. very diversionary since there, are a great or organizations, to provide training for For information concerning the issues number of Florida residents who work persons engaged, or preparing to engage, involved and other details of this pro­ in New York and already travel to as personnel in adult education programs ceeding, interested persons are referred Florida for whom the proposed fare will designed to carry out the purposes of the to the various documents which are in be very appealing. Act. the docket of this case on file in the Doc­ In answer to the complaints, Eastern Applications may be submitted to the ket Section of the Civil Aeronautics asserts that the allegation that the pro­ U.S. Commissioner of Education for Board. posal will aggravate Friday-Monday grants for special experimental demon­ peaking is unfounded based on its load stration and teacher-training projects. Dated at Washington, D.C., Septem­ ber 9,1971. factor experience. It further asserts that Eligible applications for fiscal year 1972 there is no evidence to support the claim must be received in the U.S. Office of [seal] J ames S. K eith , that there are a great number of Florida Education on or before November 30, Hearing Examiner. residents who would divert to this fare. 1971. [FR Doc.71-13580 Filed 9-14r-71;8:50 am] Upon consideration of all relevant Application forms and instructions matters, the Board finds that the com­ may be obtained from the Division of plaints do not set forth facts sufficient to Adult Education Programs, Bureau of [Dockets Nos. 23720, 23733; Order 71-9-48] warrant investigation. The request there­ Adult, Vocational, and Technical Edu­ EASTERN AIR LINES, INC. for, and consequently the requests for cation, U.S. Office of Education, Wash­ suspension, will be denied and the com­ ington, D.C. 20202. Order Dismissing Complaints plaints dismissed. Dated: September 3,1971. Adopted by the Civil Aeronautics We will permit the fares to become ef­ fective for the limited period involved. Board at its office in Washington, D.C., S. P. Marland, J r., The fall period is decidedly off-peak in U.S. Commissioner of Education. on the 10th day of September 1971. the Florida market and we are not con­ [FR Doc.71-13524 Filed 9-14-71;8.:45 am] By tariff marked to become effective vinced that the fares will entail the addi­ September 20, 19711 Eastern Air Lines, tion of capacity based on the load factor Inc. (Eastern) proposes to establish data submitted by Eastern. ATOMIC ENERGY COMMISSION weekend round trip excursion fares from We would emphasize that our decision 18 northeastern and midwest cities2 to is based on today’s market conditions (a [Docket No. 50-16] general reluctance of the public to travel by air, underutilization of capacity, etc.) POWER REACTOR DEVELOPMENT CO. 1 Eastern Air Lines, Inc., Tariff C.A.B; No.and that as a general, long-term proposi­ Order Extending Provisional 351. tion, promotional fares that can only be 3 Baltimore, Boston, Buffalo, Chicago, used on Fridays and Mondays (which are Operating License Expiration Date Cleveland, Detroit, Hartford, Milwaukee, Minneapolis, New York, Philadelphia, Pitts­ Power Reactor Development Co. has burgh, Providence, Syracuse, Washington, 3 Daytona Beach, Fort Lauderdale, Miami, filed a request dated May 27, 1971, for Montreal, Ottawa, and Toronto. Melbourne, Orlando, Tampa, and Titusville.

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 NOTICES 18481

generally relatively heavy travel periods) [Docket No. 23112; Order 71-9-43] posed increases may be inequitable as will tend to create pressure towards in­ INTERNATIONAL AIR TRANSPORT regards the U.S. carriers and public. creased capacity which we believe is in­ Comments have been received from a herently uneconomic. The operation of ASSOCIATION number of carriers,4 all requesting that even a few extra sections and allocation Order Regarding International Route the Board review its tentative findings of their total cost against the discount Charges and approve the resolutions governing fares would materially erode Eastern’s the surcharges. The carriers for the estimated profit. Adopted by the Civil Aeronautics most part stress the magnitude and rapid We recognize that experiments of this Board at its office in Washington, D.C„ escalation of the costs involved, and type have in the past been extended and on the 9th day of September 1971. allege that they have no control over become an ingrained part of the overall By Order 71-4-151, dated April 23, these costs and cannot project with any fare structure. In view of the increasing 1971, the Board deferred action, with degree of accuracy the costs to be in­ number of special promotional fares to­ a view toward disapproval, on resolutions curred in the future; that the charges day and the inherent difficulty of evalu­ adopted by the International Air Trans­ cannot be reflected in the fares for ating particular fare schemes against port Association (IATA) which would technical reasons because they relate to this background, we will expect any re­ establish fare and rate surcharges1 to areas not traffic and the impact of such quests to extend this proposal to addi­ provide for the recovery of governmen­ charges depends on the aircraft routings tional markets or for additional periods tal charges imposed on the airlines for used; that the public should be in­ of time to be most fully documented. air navigation facilities and services.* formed when costs of transportation are Moreover, we will expect the carriers In deferring action, a period of 30 days increased resulting from radical offering this fare to bear the risk of the was established for the receipt of com­ changes in governmental policy; that experiment, and we do not intend to treat ments from any interested persons. Sea­ the charges are not normal day-to-day any dilution of the fare yield which may board World Airlines petitioned the costs; and finally that the charges in no result as furnishing a basis for future in­ Board for an extension until July 30, way differ from the taxes imposed by creases in the level of basic fares. We 1971, of the period for submission of the U.S. Government on shippers and will also expect the carriers to maintain comments, alleging that the IATA Cargo passengers. The carriers argue that it records of the traffic, revenues and ex­ Traffic Conferences then being held in would be extremely difficult for them to penses sufficient for a full evaluation of Singapore and the IATA Passenger absorb the additional charges. the profit impact of this fare plan. Traffic Conference scheduled for the end With respect to the question of equity Accordingly, pursuant to the Federal of June in Montreal might deal with toward U.S. carrier members of IATA Aviation Act of 1958, and particularly the issues at hand. This petition was vis-a-vis foreign carrier members, several sections 204(a), 403, 404, and 1002 granted by the Board in Order 71-6-27, carriers state that all passengers are thereof: dated June 4, 1971. charged the same depending on the fo r­ It is ordered, That: On June 18, 1971, Pan American mal economy fare, and that for this World Airways petitioned the Board for reason the surcharge constitutes an 1. The complaints of Northeast Air­ reconsideration of Order 71-6-27 and re­ lines, Inc., in Docket 23733 and North­ equitable arrangement. Several carriers quested prompt approval of the IATA argue in addition that the U.S. IATA west Airlines, Inc., in Docket 23720, are resolutions governing the surcharges. carriers account for approximately 24 hereby dismissed; and Pan American’s petition8 stated that percent of international revenue pas­ 2. A copy of this order be served upon the IATA carriers at the Singapore senger miles, close to the recovery of 27 Eastern Air Lines, Inc., Northeast Air­ meetings did not change their original lines, Inc., and Northwest Airlines, Inc. percent estimated by the Board.6 position and that the Montreal Confer­ Comments have also been received This order shall be published in the ence was limited to passenger matters from the Aviation Consumer Action F ederal R egister. over the North Atlantic, and alleged that Project (ACAP) requesting that the the carriers need some definitive resolu­ By the Civil Aeronautics Board. Board disapprove the subject resolu­ tions of this question in order to plan tions, maintaining that IATA has no [seal] P h yllis T. K aylor, their operations. jurisdiction to adopt these resolutions Acting Secretary. In the order of tentative disapproval, because the carriers can discuss only [FR Doc.71-13583 Filed 9-14-71; 8:50 am] the Board noted that while it is aware rate and fare matters and en route fa­ of the efforts of many governments to cilities’ charges are reserved solely for recover the total costs of providing en governmental determination; that pro­ [Docket No. 22388] route air navigation facilities and that posed surcharges will impose an un­ EXPRESS SERVICE INVESTIGATION the carriers many incur increased costs warranted burden on American travelers as a result, such governmental charges and shippers; that the surcharge bears Notice of Hearing should be treated no differently than no relation to the costs and approval of Notice is hereby given, pursuant to the other costs incurred by the air carriers the resolutions will produce lasting re­ provisions of the Federal Aviation Act of in their day-to-day business, and ac­ percussions on airline expenses. ACAP 1958, as amended, that a public hearing cordingly these costs when incurred states that the Board should take the in the above-entitled proceeding is as­ should be included along with other costs initiative to discuss the en route charges signed to be held on October 12, 1971, of service in the establishment of fares with other governments. at 10 a.m. (local time) in Room 726, Uni­ and rates. The Board also stated that Comments submitted by the Depart­ versal Building, 1825 Connecticut Ave­ inasmuch as some governmental en ment of Transportation on August 5, nue NW., Washington, DC, before the route charges have been incurred in the 1971, reflected the view that a passenger undersigned Examiner. past and are included in the cost base, surcharge is justified for a limited pe­ For information concerning the issues the new charges would duplicate those riod (from November 1, 1971, until involved and other details of this pro­ already in existence, and that the pro- March 31, 1972), that the level of sur­ ceeding, interested persons are referred charges proposed appears to be reason­ ably related to the costs the carriers to the various documents which are in 1 One percent of the lowest direct normal the docket of this case on file in the economy-class fare subject to a maximum of expect to incur and that the charge Docket Section of the Civil Aeronautics $10. Travel in the Western Hemisphere should be imposed on an area-by-area Board. would be subject to a $1 minimum. Cargo basis rather than worldwide. The De­ would be subject to a 2-percent surcharge. partment also expressed the view that Dated at Washington, D.C., Septem­ Charters would be subject to the surcharges ber 9, 1971. applied to the total charter price. 4 BOC, Eastern, KLM, National, Northwest, 2 Other than charges associated with air­ Pan American, TWA, and South African [seal] J ames S. K eith, ports or approach and airport control. Hearing Examiner. Airways. * Subscribed to by Seaboard World, North­ 6 The Board estimated an approximate [FR Doc.71-13579 Filed 9-14-71;8:50 am] west, and National. 30-percent recovery in 1972.

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18482 NOTICES

the Board should permit the 2-percent west makes no estimate for its system. ate to permit an orderly revision of basic surcharge on cargo waybills to be im­ While Pan American does provide a fares and rates. In any event, however, plemented on an area-by-area basis for breakdown of its estimates by ICAO implementation of any such surcharges the length of the current IATA cargo region, its estimated revenue recovery is or other fare and rate increases is pre­ agreement. The Department urged the stated by IATA route areas and it is not cluded by Executive Order No. 11615 and Board to reject the IATA agreement to clear that the data can be reconciled. our Order 71-8-78. Under all of the the extent it provides for surcharges Moreover, we note that Pan American in­ circumstances, the Board believes that in areas not yet affected by increased cludes a charge of $2,626,000 in its esti­ the carriers should seek reimbursement en route charges. mated charges for 1972 which appears to for new enroute facilities’ charges by Trans World Airlines requested that reflect revenues to be generated by the taking the costs, along with all other the Board set the matter down for oral U.S. departure tax, an assessment made costs, into consideration in future traffic argument. Seaboard World supported directly by this Government upon the conferences in the development of their that request. passengers. Elimination of this item re­ fare and rate structures to be effective After considering the information and duces the carrier’s estimated worldwide in the future. argument submitted in the various com­ charges to approximately $3,700,000 for As regards the request for oral argu­ ments filed, the Board has decided to dis­ 1972, while on the other hand its own ment, we find that oral argument would approve the resolutions as presently estimates show that it expects additional not serve any useful purpose at this time. constituted. As indicated in our previous revenues of some $11,200,000 from the As to the issue raised by ACAP concern­ order, we believe that charges imposed ticket and waybill surcharge. The dis­ ing the jurisdiction of IATA to adopt on the airlines by the various govern­ parity raises a significant question as to these resolutions, we do not construe the ments for air navigation facilities should the appropriateness of the surcharge carriers’ action to be an attempt to set be treated the same as any other costs level proposed, whether applied on a re­ the charges for air navigation facilities of doing business incurred by the car­ gional or worldwide basis. In our opinion, but to find a means of recovering such riers. The fact that they are imposed by the data submitted suggest that the costs as are imposed by governmental au­ governmental entities rather than by pri­ agreed worldwide surcharges are based thorities from the fare- and rate-paying vate concerns is no basis for passing in substantial part on cost increases an­ public. This is an integral and proper them directly to passengers and shippers ticipated to be incurred at some time in part of the establishment of rates and in the form of a surcharge. Neither does the future. Reliance on anticipated cost fares which the Board has authorized the fact that they may be imposed with­ increases is contrary to long-established the carriers to. undertake through the out consultation and with little notice ratemaking policy of the Board. IATA machinery. Finally, the Board has dictate that they be recouped in the The cost and revenue data relied upon referred to the Department of State the manner proposed. The prices of many by the Department of Transportation question of discussing the imposition of items used or purchased by the carriers are stated to be derived from informa­ these charges with other governments. are subject to similar variations. More­ tion furnished by Pan American and The Board, acting pursuant to sections over, as a conceptual matter, passengers TWA, although these data differ in some 102, 204(a), and 412 of the Act, finds and shippers do not use en route air respects from those furnished by the that Agreement CAB 22245, R -l and R-3 navigation facilities any more than they carriers in their own comments and we (Resolution 295d, International Route do aircraft fuels or maintenance facili­ are unable fully to reconcile the differ­ Charge—Passengers; and Resolution ties. The airlines purchase these items ences. Neither has the Department fur­ 295e, International Route Charge- and there has been no attempt to bill nished the basis on which the estimated Cargo) is adverse to the public interest. their customers directly for them. In costs are based. Finally, the Depart­ Accordingly, it is ordered, That: addition, the proliferation of such sur­ ment’s use of five-twelfths and five- Agreement CAB 22245, R -l (Resolu­ charges as appendages to the basic fare seventeenths of the costs shown for 1972 tion 295d, International Route Charges— can only confuse travelers and shippers and for the 17-month agreement period Passenger—New) and R-3 (Resolution and cause the basic quoted fare to lose appears to unduly burden the 5-month 295e, International Route Charges— its meaning as an expression of the actual period beginning November 1, 1971, in Cargo—New) is disapproved as it would cost of transportation to the passenger. view of the carriers’ assertions that the apply in air transportation. Petitions by Trans World Airlines and We agree with the view of the Depart­ costs will rapidly escalate. The surcharge is conceded to have Seaboard World Airlines for oral argu­ ment of Transportation that imposition ment are denied. of the surcharges on a worldwide basis been designed to recover not only antici­ will result in inequities to passengers and pated new costs but those already being This order will be published in the cargo moving over routes where no new incurred as well. The latter are estimated F ederal R egister. to be presently on the order of $24 mil­ charges have been imposed. From the By the Civil Aeronautics Board. information furnished it appears that lion worldwide, some 37 percent of the the only new charges in the immediate total 1972 coste estimated in the IATA [ seal] P h y ll is T . K aylor, months ahead are on the North Atlan­ study. Costs in this order of magnitude Acting Secretary. tic, within Europe, to Japan and possibly have been incurred for a number of years [FR Doc.71-13581 Filed 9-14-71:8:50 am] to Australia. Equitably, therefore, the and presumably are imbedded in the cost surcharges should be confined to car­ base upon which fares and rates have riers operating those routes and there is been set. Accordingly, any attempt now [Docket No. 23721, etc.; Order 71-9-45] no justification for surcharging passen­ to recover these charges through the TRANS WORLD AIRLINES, INC., AND surcharge would be tantamount to a gers and cargo moving to and from other UNITED AIR LINES, INC. areas. double assessment of the traveling pub­ However, the Board is not prepared, lic, a result which we believe clearly Order Dismissing Complaints on the basis of the record before it, to unjustified. We recognize, of course, the practical Adopted by the Civil Aeronautics approve the agreed 1- and 2-percent sur­ Board at its office in Washington, D.C., charges even in limited areas of applica­ difficulties involved in promptly renego­ tiating fares and rates through the IATA on the 9th day of September 1971. tion. The information supplied by the Group inclusive tour basing fares and carriers does not provide a sufficient basis machinery to reflect the substantial in­ creases in operating costs which may be transcontinental individual excursion upon which to determine whether or not fares proposed by Trans World Airlines, the revenues recovered through the incurred during the next year or two, and the carriers’ currently limited ability Inc., and United Air Lines, Inc.; Dockets agreed 1- and 2-percent surcharges on 23721, 23722, 23729, 23731, 23735. the above regional basis would be rea­ to absorb such increases. In this situa­ tion, the use of a surcharge limited to By tariff revisions1 marked to become sonably related to the presently identi­ effective September 20, 1971, Trans fiable additional charges to be incurred those areas in which substantial cost in­ creases are actually to be sustained and in those areas. TWA provides only total 1 Revisions to Airline Tariff Publishers, Inc., estimated worldwide costs and revenues properly supported as to its amount, for Agent, Tariffs C.A.B. Ños. 136 and 142; Trans for the life of the agreement, and North­ a very limited period might be appropri­ World Airlines, Inc., C.A.B. No. 242.

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 NOTICES 18483

World Airlines, Inc. (TWA) and United 50,000 passengers2 annually will utilize downgrading. The carrier believes the Air Lines, Inc. (United) propose new the fares and that it will realize an oper­ provision for shifting passengers from group round trip inclusive tour basing ating profit of $2,759,000. one flight to another will serve to inhibit (GIT) fares, and TWA proposes round The National Air Carrier Association the use of this fare by business passen­ trip individual excursion fares in a num­ (NACA), Northwest Airlines, Inc., gers who desire firm reservations and, in ber of major markets, generally trans­ (Northwest) and Modern Air Transport any event, are relatively price inelastic. continental markets, as set out below. (Modem) have filed complaints against On the other hand, it believes the ability 1. United’s proposed transcontinental this proposal. NACA3 asserts that the to shift passengers will allow more effi­ GIT fares are for groups of 40 or more fares are aimed at existing or potential cient use of manpower, facilities, and and apply between major eastern cities, charter markets and are likely to cause equipment by reducing day-to-day and on the one hand, and Las Vegas, Reno, economic injury to the supplemental by hour-to-hour traffic peaking. and major west coast cities on the other. resulting in diversion at a time when TWA estimates that the new fare will The proposed fares are 30 percent below those carriers can ill afford further fi­ generate $4,800,000 in revenue based on normal coach fares during the peak sea­ nancial setbacks. It further alleges that a 30 percent increase in present Discover son (June 15 through September 14) and United has made no showing that the America revenue passenger miles. The 40 percent below normal coach fares dur­ deep discounts are warranted by cost carrier estimates that 15 percent of fam­ ing the oif-peak season (September 15 savings attributable to group handling, ily fare traffic and 75 percent of present through June 14). The passenger is re­ that the fares should be charged with a transcontinental Discover America traf­ quired to purchase travel-related ground larger share of capacity costs than exist­ fic will downgrade to the new fare for services amounting to no less than $75 ing standby fares (33a/3 percent discount) a total dilution of $2,100,000. After al­ ($35 at Las Vegas and Reno) and there because of their positive space reserva­ lowance for $400,000 of incremental ex­ is a minimum-stay requirement of 7 days tion basis, and that the fares appear penses associated with the new traffic, (3 days at Las Vegas and Reno). The prima facie unjust and unreasonable. TWA projects a net contribution to over­ fares are marked to expire with Septem­ Northwest alleges the proposed fares head of $2,300,000. ber 30, 1972. Competitive filings have will be very diversionary and result in Northwest and United have filed com­ been made by American Airlines, Inc., significant yield erosion. It suggests that plaints against this proposal. Northwest Northwest Airlines, Inc. and TWA. travel agents would collect and program alleges that the flight-switching feature 2. TWA’s proposed transcontinental present individual inclusive tour pas­ will permit TWA to move passengers to individual excursion fares are applicable sengers into the new GIT programs at periods normally blacked out, thus in­ between Boston, New York, Philadelphia the lower fare levels. It further alleges creasing load factors during those times and Baltimore/Washington, on the one that United and other advocates of new and eliminating one of the original justi­ hand, and Los Angeles and San Fran­ promotional fares are ignoring the con­ fications for the discount. It further al­ cisco, on the other. The discounts are 25 sequences such proposals could have on leges that the dilution estimate has been percent from regular coach fares, and the “bread and butter” business market. understated because TWA compared its travel is subject to a 7-day minimum-stay It asserts that fares such as those pro­ proposal with present discount fares requirement (30-day maximum). The posed inevitably lead to yield dilution rather than with normal coach-fare fares are blacked out from 2 p.m. to mid­ and the need for general fare increases, traffic which will be diverted. United al­ night Fridays and Sundays, and tickets and it questions whether the industry is leges that there is no basis for an in­ must be purchased within 72 hours after over-pricing certain normal coach fares. creased discount since its surveys in­ a reservation is made. A unique feature Northwest alleges that a “throw away” dicate that Discover America generation of this fare is that the carrier specifically situation would be created since the pro­ was 25 percent when the fare was at a reserves the option of moving passengers posed GIT fares plus the minimum tour 25-, 20- and its current 1 2 V2 -percent to another flight serving the same points add-on is less than the round-trip coach discount. up to 48 hours prior to departure if load fares in the markets involved. TWA has answered the complaints, factor pressures indicate such a change Modern takes no position on the pro­ reiterating its belief that sufficient new is desirable. Passengers could be shifted posed fare levels, but alleges that to per­ traffic will be stimulated to more than to another flight operating on the same mit the proposed GIT fares without per­ offset any downgrading, and asserts that day as the original reservation, or on a mitting the supplemental carriers to United’s Discover America survey does flight operating on the following day. operate equivalent one-stop inclusive not prove that the greater discount here The proposed fares apply for travel origi­ tour charters places them at a competi­ proposed will not generate additional nating on and after October 1,1971, and tive disadvantage in the inclusive tour traffic. TWA alleges that since the ex­ are marked to expire with May 31, 1972. market. periment will be run during the winter Competitive filings have been made by United has answered the complaints, off-peak season and traditional weekend American and United. and asserts that there will not be a mass blackouts are imposed, dilution will be 3. United’s proposed GIT fares for ski­ exodus from IT fares to the proposed held to a minimum. ers axe for groups of 25 or more and are GIT fares, as Northwest alleges, due to In support of its proposed GIT fares discounted 40 percent from full coach the difference in discounts and the con­ to ski areas, United asserts that during fares. The fares are applicable between ceptual differential between those types the 1969-1970 season approximately 10 major east coast cities and western ski of fares. United alleges that NACA’s as­ percent of the New York, New Jersey, and areas during the period November 12, sertion that the fares are prima facie Connecticut skiers skied in Europe while 1971 through April 29, 1972. Ground ex­ unreasonable since they reflect discounts only 17 percent of the tri-state ski popu­ penditures must be at least $75. Travel is greater than youth standby fares is with­ lation skied in the mountain and Pacific not permitted on Sunday and a 7-day out merit since other presently effective areas of the United States. United be­ minimum-stay requirement applies. fares likewise have greater discounts and lieves that its proposed fares will make In support of its proposed transconti­ because the proposed GIT fares are more domestic ski destinations reasonably nental GIT fares, United alleges its expe­ limited in scope than the youth standby price competitive with European areas. rience with Hawaiian GIT fares and the fares. The carrier estimates an annual profit of results of intra-European inclusive tour In support of its proposed transcon­ $462,000 from these fares. charters indicate a high probability of tinental individual excursion fares, TWA success for these fares by making pleas­ alleges that the 25 percent discount offers Upon consideration of all relevant ure travel available to a lower income increased generative potential with suf­ matters, the Board finds that the com­ nontraveling segment of the market. It ficient restrictions to limit uneconomic plaints do not set forth sufficient facts to further alleges that domestic GIT’s* will warrant investigation of the proposals appeal to a larger market than do corre­ and the requests therefor, and conse­ sponding Hawaiian fares (which have 2 Of the 50,000 passengers, United estimates that 30,000 (60 percent) will be new passen­ quently the requests for suspension will been quite successful) because traveling gers and 20,000 (40 percent) will be sell shorter distances and staying less time diverted. be denied and the complaints dismissed. results in a lower total package price. 3 NACA’s complaint is directed toward all of United views its GIT fares as a means United estimates that approximately United’s GIT proposals. of entering an undeveloped lower-income

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18484 NOTICES market, and believes the GIT require­ travel which is virtually identical, save DEPARTMENT OF LABOR ments should minimize diversion. It may for the option retained by the carrier to well be that the only way new traffic can adjust flight reservations. The situation Notice of Grant of Authority To Make be developed at this time is by offering will, of course, be compounded as carriers a Noncareer Executive Assignment sizeable discounts such as those here match the various filings of their com­ proposed. By tying the discounts to rela­ petitors, and we believe it will be difficult Under authority of § 9.20 of Civil Serv­ tively large-size groups, and requiring a in these circumstances to reach a mean­ ice Rule IX (5 CFR 9.20), the Civil Serv­ substantial tour add-on, plus the other ingful evaluation of the promotional suc­ ice Commission authorizes the Depart­ restrictions on travel at the fare, the cess of any one fare. Nevertheless, the ment of Labor to fill by noncareer execu­ potential diversion should not be great. carriers generally have urged that they tive assignment in the excepted service the position of Director, Veterans Em­ There may be some “throw away” abuse be permitted more flexibility in pricing of the fares as Northwest alleges in that their product, and we would be reluctant ployment Service, Manpower Adminis­ the proposed fares plus the tour add-on at this time to stand in the way of rea­ tration, United States Training and Employment Service. are less than round trip coach fares. sonable efforts to increase traffic, reve­ However, we doubt that this is likely to nues, and profits. By the same token, U nited S tates Civil S erv­ happen frequently because the group re­ however, the carriers can expect to bear ice Commission» quirement and the various other restric­ the risk of their numerous proposals, and [ seal 3 J ames C. S pr y, tions do not conform to the needs of most we do not intend to treat any dilution Executive Assistant to business travel, or generally to discre­ of the fare yield which may result there­ the Commissioners. tionary travelers who utilize normal from as furnishing a basis for future [FR Doc.71-13537 Filed 9-14^71;8:46 am] coach fares. increases in the level of normal fares. NACA alleges that the proposed fares Accordingly, pursuant to the Federal are aimed at charter markets and are Aviation Act of 1958, and particularly DEPARTMENT OF THE TREASURY section 204(a), 403, 404, and 1002 likely to cause economic injury to the Notice of Revocation of Authority To supplémentais. However, no data was thereof : provided to show the amouiit of traffic It is ordered, That: Make Noncareer Executive Assign­ being carried by the supplémentais in 1. The complaints of Modem Air ment these markets, nor were any estimates of Transport, Inc., in Docket 23735, North­ Under authority of § 9.20 of Civil Serv­ potential diversion as a result of United’s west Airlines, Inc., in Dockets 23721 and ice Rule IX (5 CFR 9.20), the Civil Serv­ fares provided. Modem’s complaint ad­ 23722; United Air Lines, Inc., in Docket ice Commission revokes the authority of dresses only the question of relaxing the 23729; and the National Air Carrier As­ the Department of the Treasury to fill by sociation in Docket 23731 insofar as it minimum three-stop requirement now noncareer executive assignment in the applicable to inclusive tour charters. This applies to filings considered herein are hereby dismissed. excepted service the position of Deputy request is thus not pertinent to the issue Assistant Secretary for Economic Policy, of the lawfulness of the proposed fares 2. Copies of this order be served upon Office of the Under Secretary for Mone­ American Airlines, Inc., Modem Air and will not be considered here. tary Affairs. Transport, Inc., the National Air TWA’s proposed transcontinental Carrier Association, Northwest Airlines, U nited S tates Civil S erv­ individual excursion fares are limited to Inc., Trans World Airlines, Inc., and ice C ommission, only ten markets and for only an United Air lines, Inc. [seal] J ames C. S p r y , 8-month period. The 25 percent discount Executive Assistant to is not out of line with domestic discounts This order shall be published in the the Commissioners. generally, and we will permit the fares F ederal R egister. [FR Doc.71-13540 Filed 9-14r-71;8:47 am] to become effective. We expect that the By the Civil Aeronautics Board. flight-shifting feature of the proposal [ seal ] P h y ll is T. K aylor, will be fully explained to passengers prior INTER-AMERICAN SOCIAL to purchase of the ticket to avoid mis­ Acting Secretary. understandings and confusion/ [FR Doc.71-13582 Filed 9-14-71;8:50 am] DEVELOPMENT INSTITUTE We are permitting the proposals to be­ Notice of Grant of Authority To Make come effective since each does not appear Noncareer Executive Assignments unreasonable per se. However, we are becoming increasingly concerned with CIVIL SERVICE COMMISSION Under authority of § 9.20 of Civil Serv­ ice Rule IX (5 CFR 9.20), the Civil Serv­ the proliferation of such fares in recent DEPARTMENT OF THE INTERIOR months and have considerable doubt as ice Commission authorizes the Inter- to the need for so many fares which, in Notice of Title Change in Noncareer American Social Development Institute many cases, differ relatively little one Executive Assignment to fill by noncareer executive assignment from another. As an example, the GIT in the excepted service the positions of fare here proposed by United applies in By notice of November 17, 1967, F.R. Director of Programs, Office of Programs; many of the same major transcontinen­ Doc. 67-13608, the Civil Service Commis­ and Deputy Director of Programs, Office tal markets in which individual tour sion authorized the departments and of Programs. agencies to fill by noncareer executive basing fares are already available, and United S tates Civil S erv­ assignment, certain positions removed during the peak season the fares are ice Commission, from Schedule C of Civil Service Rule VI almost identical. Likewise, we question [seal] J ames C. S pr y , the need or desirability of offering both by 5 CFR 213.3301a on November 17, Executive Assistant to Discover America fares, at a 12.5 percent 1967. This is notice that the title of one the Commissioners. such position so authorized to be filled by discount, and the new excursion fare filed noncareer executive assignment has been [FR Doc.71-13538 FUed 9-14-71;8:46 am] by TWA, at a 25 percent discount, for changed from “Associate Director, As­ sistant Secretary-Public Land Manage­ INTER-AMERICAN SOCIAL * These TWA fares are quite similar to Dis­ ment, Bureau of Outdoor Recreation” to cover America excursion fares, and it may be “Deputy Director, Assistant Secretary- DEVELOPMENT INSTITUTE that they are within the scope of Phase 5 Public Land Management, Bureau of Notice of Revocation of Authority To of the Domestic Passenger-Fare Investiga­ Outdoor Recreation.” tion, Docket 21866—5. Whether they are may Make Noncareer Executive Assign­ turn upon the meaningfulness of the condi­ U nited S tates Civil S erv­ ment tional reservation feature. We will therefore ice Commission, require that TWA file monthly reports setting [seal] J ames C. S pr y , Under authority of § 9.20 of Civil Serv­ forth the number of tickets sold and the Executive Assistant to ice Rule IX (5 CFR 9.20), the Civil Serv­ number of passengers actually shifted to other flights on the same day and on the» the Commissioners. ice Commission revokes the authority of following day. [FR Doc.71-13541 Filed 9-14-71;8:47 am] the Inter-American Social Development

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 NOTICES 18485

Institute to fill by noncareer executive paid for the expense of travel and trans­ Catalog assignment in the excepted service the portation to first post of duty. No. Program 66.001 Air Pollution Control Program position of Deputy Director for Planning U nited S tates Civil S erv­ Grants. and Programming, Office of Operations. ice Commission, 66.301 Solid Waste Planning Grants. U nited S tates Civil S erv­ [ seal] J ames C. S pr y , 66.400 Wastewater Treatment Works Con­ ice Commission, Executive Assistant to struction Grants. the Commissioners. 66.401 Water Pollution Control Compre­ [seal] J ames C. S pr y , hensive Basin Planning Grants. Executive Assistant to [FR Doc.71-13542 Filed 9-14-71;8:47 am] 66.407 Water Pollution Control State and the Commissioners. Interstate Program Grants. [FR Doc.71-13539 Filed 9-14-71;8:47 am] SECOND AND THIRD MATE, HOPPER EPA Regional Offices are located at: DREDGES, COASTAL WATERS AND Region: ' Address EXECUTIVE ASSISTANT TO DEPUTY PACIFIC PORTS I John F. Kennedy Federal Building, MAYOR, WASHINGTON, D.C. Room 2303, Boston, Mass. 02203. Manpower Shortage; Notice of II 26 Federal Plaza, Room 847, New York, Manpower Shortage; Notice of Listing Cancellation NY 10007. III Curtis Building, Sixth arid Walnut Under the provisions of 5 U.S.C. 5723, The manpower shortage found under Streets, Philadelphia, PA 19106. the Civil Service Commission found a 5 U.S.C. 5723 on April 3, 1969, for posi­ IV 1421 Peachtree Street Northeast, Suite manpower shortage on September 3, tions of Second and Third Mate, Hopper 300, Atlanta, GA 30309. V 33 East Congress Parkway, Chicago, 1971, for the single position of Executive Dredges, Coastal Waters of Washington, IL 60605. Assistant to the Deputy Mayor, GS-301- Oregon, California, and Hawaii and Pa­ VI 1114 Commerce Street, Dallas, TX 15, Government of the District of Co­ cific ports is herewith canceled effective 75202. lumbia, Washington, D.C. The finding is August 11,1971. VII 911 Walnut Street, Room 702, Kansas self-canceling when the position is filled. United S tates Civil S erv­ City, MO 64106. VIII 1860 Lincoln Street, Suite 900, Denver, Assuming other legal requirements are ice C ommission, met, an appointee to this position may CO 80203. [seal] J ames C. S p r y , IX 760 Market Street, San Francisco, CA be paid for the expense of travel and Executive Assistant to transportation to first post of duty. 94102. the Commissioners. X 1206 Sixth Avenue, Seattle, WA 98101. U nited S tates Civil S erv­ [FR Doc.71-13545 Filed 9-14r-71;8:47 am] ice Commission, Applicants may continue to submit proposals prepared on appropriate Pub­ [seal] J ames C. S pr y , . Executive Assistant to lic Health Service or Federal Water the Commissioners. Quality Administration forms pending ENVIRONMENTAL PROTECTION availability of EPA forms. [FR Doc.71-13543 Filed 9-14-71; 8:47 am] AGENCY W illiam D. R ttckelshaus, Administrator, EXECUTIVE DIRECTOR, NATIONAL GRANTS-IN-AID Environmental Protection Agency. COMMISSION ON FIRE PREVEN­ Submission of Applications S eptember 9,1971. TION AND CONTROL [FR Doc.71-13552 Filed 9-14-71;8:48 am] Notice is hereby given that all applica­ Manpower Shortage; Notice of Listing tions for research, demonstration, train­ Under the provisions of 5 U.S.C. ing, and fellowship grants from the En­ 5723, the Civil Service Commission has vironmental Protection Agency should be FEDERAL POWER COMMISSION found on August 27, 1971, that there is addressed to the Grants Administra­ [Docket Nos. RP72-36, RP72-37] a manpower shortage for the single po­ tion Division, Environmental Protection COLUMBIA GAS TRANSMISSION sition of Executive Director, National Agency, Washington, D.C. 20460. Commission on Fire Prevention and CORP. The affected programs, described in Control, Washington, D.C. The appointee Notice of Proposed Changes in Rates may be paid for the expenses of travel the 1971 edition of the Catalog of Fed­ and transportation to his first post of eral Domestic Assistance, are: and Charges and of Filing of New duty. Catalog Tariff by Successor Company U nited S tates Civil S erv­ No. Program S eptem ber 9, 1971. ice Commission, 66.002 Air Pollution Fellowships. [seal] J ames C. S pr y , 66.003 Air Pollution Manpower Training Take notice that Columbia Gas Trans­ Executive Assistant to Grants. mission Corp. (Columbia) on August 30, the Commissioners. 66.004 Air Pollution Research Grants. 1971, tendered for filing its proposed 66.005 Air Pollution Survey and Demonstra­ new FPC Gas Tariff, Original Volume [FR Doc.71-13544 Filed 9-14-71;8:47 am] tion Grants. No. 1 and Original Volume No. 2, in 66.100 Pesticides Research Grants. accordance with § 154.65 of the Commis­ 66.200 Radiation Research Grants. sion’s regulations under the Natural Gas PROFESSOR OF BEHAVIORAL 66.201 Radiation Training Grants. Act, replacing the tariffs of its prede­ SCIENCES, ARMY WAR COLLEGE, PA. 66.300 Solid Waste Dem. and Resource Re­ cessor companies, as previously adopted covery System Grants. Manpower Shortage; Notice of Listing 66.302 Solid Waste Research Grants. and modified by Columbia on July 13, 66.303 Solid Waste Training Grants. 1971. The new tariff volumes are pro­ Under the provisions of 5 U.S.C. sec­ 66.405 Water Pollution Control-Research, posed to become effective on September 1, tion 5723, the Civil Service Commission Dev. and Dem. Grants. 1971. found a manpower shortage for a single 66.406 Water Pollution Control-Research All currently effective rate schedules, position of Professor of Behavioral Fellowships. as contained in the respective FPC Gas Sciences, GS-101-15 (temporary not to 66.410 Water Pollution Control Training exceed 1 year), Army War College, Car­ Grants. Tariffs of the seven predecessor com­ lisle Barracks, Pa. The finding is self­ 66.414 Water Hygiene Research Grants. panies have been redesignated in the canceling when the position is filled. Applications for EPA grant programs proposed new tariff volumes, together Assuming other legal requirements are listed below should be addressed to the with the general terms and conditions met, an appointee to this position may be appropriate EPA Regional Administrator. applicable thereto. No change has been

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18486 NOTICES made in any rate level or condition of No. I,1 containing proposed increases in Transcontinental. Gas Pipe Line Corp. service applicable to the existing whole­ rates and charges and certain tariff pro­ (Transco). By order of May 27,1971, the sale customers of the seven predecessor visions to become effective October 16, Commission set the matter for formal companies. 1971. The proposed rate changes would hearing which took place on June 10 and Columbia also tendered for filing on increase charges for jurisdictional serv­ 11, 1971. We then waived the intermedi­ August 30, 1971, proposed changes in its ice by $3,573,496 annually, based on sales ate decision procedure and on June 30, rates and charges which are contained in volumes for the 12-month period ended 1971, issued an order granting the au­ the proposed Stipulation and Agreement, April 30, 1971, as adjusted, including a thorization for the requested 1-year dated July 12, 1971, now pending before 9.23 percent overall rate of return. Kan­ period including certain specified condi­ the Commission in Docket No. RP71-18, sas-Nebraska states the proposed in­ tions cited below. et al., such changes to become effective crease is necessary to recover increased As noted in our order the record showed on October 1, 1971, in accordance with costs associated with recently completed in detail the problems posed by the gas the provisions of the agreement. The major construction to increase system shortage to Transco and some of its cus­ proposed rate changes would increase capacity, construction of gathering lines, tomers. The Senior Vice President of rates and charges $7,980,000 annually wage increases and advance payments Transco testified that during the period over and above the rates and charges incurred since the company’s last general May 1971 through June 1972 there would proposed in the settlement agreement. In rate increase settled by Commission order be a deficiency in the supply necessary support of the proposed rate increase, in Docket No. RP71-5 issued on April 29, to meet firm requirements in each month Columbia refers to certain agreements 1971. In addition to the proposed in­ averaging 101,360 Mcf per day and ac­ dated August 3, 1971, which it has en­ creased rates, the revised tariff would cumulating to 43.4 billion cubic feet by tered into with BP Oil Corp., provid­ eliminate rate schedule CD-3 and pro­ the end of the period. This, however, ing for certain advance payments for vide for an increase in the penalty for would be reduced to some extent by the gas in connection with the development unauthorized overrun gas. emergency purchases already made from of 96,396 acres of oil and gas leases in Any person desiring to be heard or to Nueces in May 1971 and by gas then pro­ the Prudhoe Bay Area, State of Alaska. make any protest with reference to said posed to be obtained from Humble Oil Copies of the proposed tariff changes application should on or before Septem­ and Refining Co. under a 60-day emer­ were served on all of Columbia’s cus­ ber 28, 1971, file with the Federal Power gency purchase during the period June 4- tomers and interested State commissions. Commission, Washington, D.C. 20426, August 4, 1971. According to the witness, Any person desiring to be heard or to petitions to intervene or protest in ac­ there was a good possibility that Transco make any protest with reference to said cordance with the requirements of the would not need any emergency gas pur­ application should on or before Septem­ Commission’s rules of practice and pro­ chases after July 1, 1972, because it ex­ ber 20, 1970, file with the Federal Power cedure (18 CFR 1.8 or 1.10). All protests pected to contract for some additional Commission, Washington, D.C. 20426, filed with the Commission will be con­ long-term supply. petitions to intervene or protests in ac­ sidered by it in determining the appro­ In light of the foregoing the following cordance with the requirements of the priate action to be taken but will not conditions were included in the order Commission’s rules of practice and pro­ serve to make the protestants parties to authorizing the sale at 33.5 cents per cedure (18 CFR 1.8 or 1.10). All protests the proceeding. Persons wishing to be­ Mcf; conditions which were accepted by filed with the Commission will be con­ come parties to a proceeding or to par­ Transco: sidered by it in determining the appro- ticipate as a party in any hearing therein (D) During the term of the proposed sale pirate action to be taken but will not must file petitions to intervene in ac­ referred to in paragraph (A) Transco will serve to make the protestants parties to cordance with the Commission’s rules. make no direct interruptible sales from its The application is on file with the system, and will make no more emergency the proceeding. Persons wishing to be­ purchases of gas at prices above applicable come parties to a proceeding or to par­ Commission and available for public rate ceilings without prior Commission au­ ticipate as a party in any hearing therein inspection. thorization, except in cases of force majeure must file petitions to intervene in accord­ K enneth F. P lumb, as that is defined in Transco’s FP C Gas ance with the Commission’s rules. The Secretary. Tariff. application is on file with the Commis­ [FR Doc.71-13575 Filed 9-14-71;8:50 am] sion and available for public inspection. (F ) The volumes of gas which Transco re­ Any order or orders issued in these ceives from Nueces under the authority of proceedings will be subject to the Com­ [Docket No. CP71-267] paragraph (A) shall be limited to 43.4 billion mission’s Statement of Policy Imple­ cubic feet less 0.2 billion cubic feet relating NUECES INDUSTRIAL GAS CO. to emergency purchases from Nueces in May menting the Economic Stabilization Act 1971 and less emergency purchases from of 1970 [Public Law 91-379, 84 Stat. 799, Order Reopening Proceeding, Pre­ Humble during the period June 4-August 4, as amended by Public Law 92-15, 85 Stat. scribing Procedures and Setting 1971, except for force majeure conditions as 381 and Executive Order 11615, including the term is defined in Transco’s FPC Gas such amendments as the Commission Date of Formal Hearing Tariff. may require. S e p t e m b e r s , 1971. On August 30, 1971, Transco filed a K enneth F. P lumb, On May 6,1971, Nueces Industrial Gas petition seeking amendment of said order Secretary. Co. (Nueces) filed an application in the eliminating the limitations on emergency [PR Doc.71-13576 Filed 9-14-71;8:50 am] instant docket seeking a limited term gas purchases cited above in ordering certificate with pregranted abandonment paragraphs (D) and (F) so as to permit Transco to enter into additional emer­ [Docket No. RP72-32] pursuant to section 7(c) of the Natural gency and short-term purchases of gas at KANSAS-NEBRASKA NATURAL GAS Gas Act and the Commission’s Order No. prices above applicable rate ceilings GAS CO. 431, for an emergency sale of gas to without prior Commission authorization, and to obtain additional volumes of Notice of Proposed Changes in Rates emergency gas when available from 1 The revised tariff as filed is comprised of Nueces, all during the term of the au­ and Charges First Revised Sheet No. 2, Third Revised Sheet thorization granted by our order of June S eptember 9, 1971. No. 5, Second Revised Sheet No. 6, First Re­ vised Sheet No. 7, Second Revised Sheet No. 9, 30, 1971. Insofar as the prohibition Take notice that Kansas-Nebraska Third Revised Sheet No. 12, Second Revised against further emergency purchases is Natural Gas Co. (Kansas-Nebraska) on Sheet No. 13, First Revised Sheet No. 14, concerned, Transco has not yet sought August 31, 1971, tendered for filing its Second Revised Sheet No. 16, and First Re­ Commission authorization for any such FPC Gas Tariff, Second Revised Volume vised Sheet No. 17. specific purchase.

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 NOTICES 18487

In support of its petition Transco al­ (E) The Secretary shall cause promptthis application if no petition to inter­ leges that subsequent to the submittal of publication of this order to be made in vene is filed within the time required its above-mentioned sworn testimony less the F ederal R egister. herein, if the Commission on its own review of the matter finds that a grant of than 90 days ago its gas supply deficiency By the Commission. has increased markedly. The principal the certificate is required by the public reasons given are (1) a greater than an­ [seal] ‘ K enneth F. P lumb, convenience and necessity. If a petition ticipated field decline in production from Secretary. for leave to intervene is timely filed, or presently connected supplies and (2) [FR Doc.71-13578 Filed 9-14-71;8:50 am} if the Commission on its own motion failure of new supplies to come on as believes that a formal hearing is expected. For example, whereas Transco required, further notice of such hearing has testified in June of anticipated field [Docket No. CP72—49] will be duly given. Under the procedure herein provided declines of 16 MMcf per day per month TRANSWESTERN PIPELINE CO. based upon historical experience, it now for, unless otherwise advised, it will be appears according to Transco’s petition, Notice of Application unnecessary for applicant to appear or that based upon knowledge obtained in be represented at the hearing. S eptember 9, 1971. the last 2 months a decline of 25 MMcf K enneth F. P lumb, per day per month is more realistic. As Take notice that on August 30, 1971, Secretary. further support for its revised gas de­ Transwestern Pipeline Co. (applicant), ficiency Transco filed with the Commis­ Post Office Box 2521, Houston, TX 77002, [FR Doc.71-13577 Filed 9-14-71;8:50 am] sion on September 2, 1971, a copy of a filed in Docket No. CP72-49 an applica­ telegram sent to its customers wherein, tion pursuant to section 7(c) of the commencing September 7, 1971, and for Natural Gas Act for a certificate of pub­ MONSANTO CO. ET AL the period ending October 1, 1971, it has lic convenience and necessity authoriz­ [Docket No. CI71-136] ordered a curtailment of purchases under ing the construction and operation of applicable CD rate schedules and direct certain natural gas pipeline and com­ Notice of Application pression facilities to be located in Eddy firm industrial contracts by 12 percent. S eptember 13, 1971. In view of the foregoing, we believe it County, N. Mex., all as more fully set advisable that said proceeding be re­ forth in the application which is on file Take notice that on September 1, opened and that a public hearing be held, with the Commission and open to public 1971, Monsanto Co. (operator) et al. as expeditiously as due process will per­ inspection. (applicant), 1300 Post Oak Tower, 5051 mit, so as to develop fully the circum­ Specifically, applicant proposes to Westheimer, Houston, TX 77027, filed in stances and occurrences alleged in construct and operate approximately Docket No. CI71-136 an application pur­ support of Transco’s petition to amend. 27.27 miles of 16-inch pipeline loop to suant to section 7(c) of the Natural Gas The Commission orders: its existing 8-inch Crawford Lateral, and Act for a certificate of public conven­ to install and operate a 1,100 horsepower ience and necessity authorizing the sale (A) Pursuant to the authority con­ for resale and delivery of natural gas in tained in, and subject to the authority compressor unit at its existing Crawford Compressor Station. Applicant expects interstate commerce to United Gas Pipe conferred upon the Federal Power Com­ Line Co. (United) from the Bear Creek mission by the Natural Gas Act, includ­ that substantial reserves will become available in the area of the Crawford Field, Bienville Parish, La., all as more ing particularly sections 7, 15, and 16, fully set forth in the application which and the Commission’s rules and regula­ Lateral and the facilities proposed herein will facilitate the addition of these re­ is on file with the Commission and open tions under that Act, a public hearing to public inspection. shall be held commencing September 13, serves and previously dedicated re­ 1971, at 10, e.d.s.t., in a hearing room serves to its pipeline supply. Applicant states that it commenced of the Federal Power Commission, 441 The estimated cost of the facilities pro­ the sale of natural gas to United within G Street NW., Washington, DC 20426, posed herein is $2,942,000, which cost the contemplation of § 157.29 of the reg­ concerning the request set forth in applicant states will be financed from ulations under the Natural Gas Act (18 Transco’s petition to amend. operating funds and short-term bor­ CFR 157.29) on August 13, 1971, and rowing. that it proposes to continue said sale for (B) All parties heretofore permitted Any person desiring to be heard or to 1 year after the termination of the to intervene in the original proceedings make any protest with reference to said emergency 60-day period at the rate of herein are deemed to be interveners in application should on or before Septem­ 35 cents per Mcf at 15.025 p.s.i.a. within the instant reopened proceeding. ber 28, 1971, file with the Federal Power the contemplation of § 2.70 of the Com­ (C) The hearing shall commence with Commission, Washington, D.C. 20426, a mission’s general policy and interpreta­ a full evidentiary, presentation by petition to intervene or a protest in tions (18 CFR 2.70). The estimated Transco in support of its petition to accordance with the requirements of the monthly sales volume is 22,875 Mcf of amend detailing with specificity the Commission’s rules of practice and pro­ gas. causes necessitating a departure from its cedure (18 CFR 1.8 or 1.10) and the It appears reasonable and consistent prior evidentiary presentation regarding regulations under the Natural Gas Act with the public interest in this case to its gas supply deficiency. Additionally, (18 CFR 157.10). All protests filed with prescribe a period shorter than 15 days Transco shall present evidence to justify the Commission will be considered by it for the filing of protests and petitions its instituting the curtailment schedul­ in determining the appropriate action to intervene. Therefore, any person de­ ing set forth in its telegram of Septem­ to be taken but will not serve to make the ber 2, 1971, referred to above. Further, siring to be heard or to make any pro­ protestants parties to the proceeding. test with reference to said application the evidence should disclose which of Any person wishing to become a party to should on or before September 24, 1971, the customers of the distributors served a proceeding or to participate as a party file with the Federal Power Commission, by Transco (including Transco’s direct in any hearing therein must file a peti­ Washington, D.C. 20426, a petition to firm industrial customers) will be af­ tion to intervene in accordance with the fected, along with an assessment of that intervene or a protest in accordance Commission’s rules. with the requirements of the Commis­ affect, by the curtailment scheduling Take further notice that, pursuant to ordered by Transco. sion’s rules of practice and procedure the authority contained in and subject to (18 CFR 1.8 or 1.10). All protests filed (D) The Chief Examiner or an exam­ the jurisdiction conferred upon the with the Commission will be considered iner designated by him shall preside at Federal Power Commission by sections by it in determining the appropriate ac­ the hearing and shall prescribe such 7 and 15 of the Natural Gas Act and the tion to be taken but will not serve to other procedures, consistent with those Commission’s rules of practice and pro­ make the protestants parties to the pro­ herein, as would expedite the early dis­ cedure, a hearing will be held without ceeding. Any person wishing to become position of the instant proposal. further notice before the Commission on a party to a proceeding or to participate

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 No. 179—Pt. I- 18488 NOTICES as a party in any hearing therein must cedure, a hearing will be held without 2. The Federal Open Market Committee file a petition to intervene in accordance further notice before the Commission authorizes and directs the Federal Reserve with the Commission’s rules. on all applications in which no petition Bank of New York, or, if the New York Re­ Take further notice that, pursuant to serve Bank is closed, any other Federal Re­ to intervene is filed within the time re­ serve Bank, to purchase directly from the the authority contained in and subject quired herein if the Commission on its Treasury for Its own account (with discre­ to the jurisdiction conferred upon the own review of the matter believes that a tion, in cases where it seems desirable, to Federal Power Commission by sections grant of the certificates is required by issue participations to one or more Federal 7 and 15 of the Natural Gas Act and the the public convenience and necessity. Reserve Banks) such amounts of special Commission’s rules of practice and pro­ Where a petition for leave to intervene short-term certificates of indebtedness as cedure, a hearing will be held without is timely filed, or where the Commission may be necessary from time to time for the further notice before the Commission on on its own motion believes that a formal temporary accommodation of the Treasury; provided that the rate charged on such cer­ this application if no petition to inter­ hearing is required, further notice of tificates shall be a rate % of 1 percent below vene is filed within the time required such hearing will be duly given. the discount rate of the Federal Reserve Bank herein, if the Commission on its own re­ Under the procedure herein provided of New York at the time of such purchases, view of the matter finds that a grant of for, unless otherwise advised, it will be and provided further that the total amount the certificate is required by the public unnecessary for applicants to appear or of such certificates held at any one time by convenience and necessity. If a petition be represented at the hearing. the Federal Reserve Banks shall not exceed for leave to intervene is timely filed, or $2 billion. if the Commission on its own motion K enneth F. P lumb, Note: For paragraph 3 of the directive, see Secretary. 35 F.R. 447, and for the remainder thereof, believes that a formal hèaring is re­ see 32 F Jt. 9584. quired, further notice of such hearing Docket Date » ,, will be duly given. No. filed Name of applicant By order of the Federal Open Market Under the procedure herein provided Committee, September 2; 1971. for, unless otherwise advised, it will be CS72-54___ 7-20-71 A. J . Greenbaum, d.b.a. United Arthur L. B roida, unnecessary for applicant to appear or States Hydrocarbon Co., 1313 ' Deputy Secretary. be represented at the hearing. Union National Bldg., Wichita, Kans. 67202. [FR Doc.71-13556 Filed 9-14-71;8:48 am] K enneth F . P lumb, CS72-172... 8-26-71 Irl A. Nichols, 201-203 Security National Bank Bldg., Secretary. Duncan, Okla. 73633. CS72-173... 8-26-71 Claud B. Hamill, 2306 First FEDERAL OPEN MARKET COMMITTEE [PR Doc.71-13666 Piled 9-14-71; 8:51 am] City National Bank Bldg., Houston, Tex. 77002. CS72-174... 8-26-71 Norval Ballard, Trustee Current Economic Policy Directive [Docket No. CS72-54, etc.] (Operator) et al., 313 High­ tower Bldg., Oklahoma City, In accordance with § 271.5 of its Rules Okla. 73102. Regarding Availability of Information, UNITED STATES HYDROCARBON CO. CS72-175... 8-26-71 Canarctic Resources Inc., No. ET AL. 3001, 505 4th Ave., SW., there is set forth below the Committee’s Calgary 1, AB Canada. Current Economic Policy Directive issued CS72-176____ 8-26-71 Lexia Buchanan, 2114 Alamo Notice of Applications for Small -National Bldg., San Antonio, at its meeting held on June 8, 1971.1 Producer Certificates 1 Tex. 78205. The information reviewed at this meeting CS72-177__ 8-27-71 Mark H. Adams, 302 American suggests that real output of goods and serv­ S eptember 8, 1971. Savings Bldg., 201 North Main St.,Wichita, KS 67202. ices is expanding moderately in-the current Take notice that each of the applicants CS72-178... 8-27-71 The Stevens County O & G Co., quarter, following the first-quarter surge 302 American Savings Bldg., that primarily reflected the resumption of listed herein has filed an application pur­ 201 North Main St., Wichita, suant to section 7(c) of the Natural Gas K S 67202. higher automobile production. The unem- Act and § 157-40 of the regulations there­ CS72-179__ 8-30-71 Harvey E . Yates, 207 South ployment rate remained high in May. Wage 4th St., Artesia, NM 88210. rates in most sectors are continuing to rise under for a “small producer” certificate CS72-180... 8-27-71 Estate of Gerald L. Reasor, a t a rapid pace. In the first 4 months of 1971 of public convenience and necessity au­ 135 South La Salle St., Room 1146, Chicago, IL 60603. the consumer price index increased at a thorizing the sale for resale and delivery CS72-181__ 8-27-71 Leach Brothers, Inc., 135 slower pace than earlier, in considerable part of natural gas in interstate commerce, South La Salle St., Room because of a decline in mortgage interest 1145, Chicago, IL 60603. all as more fully set forth in the applica­ CS72-182... 8-30-71 The Bueno Suerte Corp., rates; the rate of advance in wholesale prices tions which are on file with the Com­ 8609 Northwest Plaza Dr., of industrial commodities, which had mod­ mission and open to public inspection. Suite 307, Dallas, T X 75225. erated in the first quarter, stepped up again CS72-183__ 8-30-71 Beaver Mesa Exploration Co., in April and May. The money stock both Any person desiring to be heard or to 44417th St., Denver, CO 80202. narrowly and broadly defined expanded even make any protest with reference to said more rapidly in May than in AprU but growth applications should on or before Octo­ in the bank credit proxy remained moderate. ber 1, 1971, file with the Federal Power [FR Doc.71-13494 Filed 9-14-71; 8:45 am] Interest rates on-most types of market se­ Commission, Washington, D.C. 20426, curities rose sharply further during much of petitions to intervene or protests in ac­ May, --reflecting continuing uncertainties cordance with the requirements of the about domestic and international financial FEDERAL RESERVE SYSTEM prospects; more recently rates on long-term Commission’s rules of practice and pro­ securities have declined on balance, but cedure (18 CFR 1.8 or 1.10). All protests FEDERAL OPEN MARKET mortgage rates have risen. The U.S. mer­ filed with the Commission will be con­ COMMITTEE chandise trade balance, which was in small sidered by it in determining the appro­ surplus in the first quarter, worsened in April. priate action to be taken but will not Continuing Authority Directive With The deficit in the overall balance of pay­ serve to make the protestants parties to Respect to Domestic Open Market ments has diminished since early May, when the proceeding. Persons wishing to be­ Operations capital outflows were swollen by expectations of changes in foreign exchange rates, but it come parties to a proceeding or to par­ S eptember 9, 1971. remains large. Differentials between short­ ticipate as a party in any hearing therein In accordance with § 271.5 of its Rules term interest rates in the United States and must file petitions to intervene in accord­ Regarding Availability of Information, in major foreign countries narrowed on bal­ ance with the Commission’s rules. notice is given that at its meeting on ance in April and May, but differentials be­ Take further notice that, pursuant to June 8, 1971, the Committee amended tween rates in the United States and in the the authority contained in and subject paragraph 2 of its continuing authority Euro-dollar market recently have widened to the jurisdiction conferred upon the directive to the Federal Reserve Bank of as rates in that market moved up sharply in Federal Power Commission by sections 7 New York with respect to domestic open and 15 of the Natural Gas Act and the market operations to increase the dollar Commission’s rules of practice and pro- 1 The record of policy actions of the Com­ limit on Federal Reserve Bank holdings mittee for the meeting of June 8, 1971, is of short-term certificates of indebtedness filed as part of the original document. Copies 1 This notice does not provide for con­ purchased directly from the Treasury are available on request to the Board of solidation for hearing of the several matters from $1 billion to $2 billion. With this Governors of the Federal Reserve System, covered herein. change, paragraph 2 reads as follows: Washington, D.C. 20551.

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 NOTICES 18489 early May. In light of the foregoing develop­ representing 3.8 percent of the total ments, it is the policy of the Federal Open commercial bank deposits in the State. FEDERAL MARITIME COMMISSION Market Committee to foster financial con­ (All banking data are as of December 31, ditions conducive to the resumption of sus­ [No. 71-80] tainable economic growth, while encouraging 1970, adjusted to reflect holding com­ an orderly reduction in the rate of inflation, pany acquisitions and formations ap­ MARITIME FRUIT CARRIERS CO., LTD., moderation of short-term capital outflows, proved by the B o a r d to date.) AND REFRIGERATED EXPRESS LINES and attainment of reasonable equilibrium in Consummation of the proposal herein (A/ASIA) PTY., LTD. the country’s balance of payments. would increase Applicant’s share of de­ To implement this policy, the Committee posits in the State only insignificantly, Rescheduling of Filing Dates seeks to moderate growth in monetary ag­ and its position in relation to the State’s gregates over the months ahead, taking ac­ other banking organizations would re­ S eptember 9, 1971. count of developments in capital markets. At the request of counsel for PACE System open market operations until the main unchanged. x next meeting of the Committee shall be con­ Bank ($7.3 million deposits), located Line, and good cause appearing, filing ducted with a view to achieving bank re­ 22 miles south of Kansas City, is the dates in this proceeding are rescheduled serve and money market conditions con­ larger of two banks in Belton and the as follows: sistent with those objectives. fourth largest of 10 banks in Cass (1) Requests for hearing and affidavits County, which approximates the rele­ of fact and memoranda of law shall be By order of the Federal Open Market filed on or before September 24, 1971. Committee, September 2,1971. vant market, and holds 13.3 percent of market deposits. Applicant has two sub­ (2) Reply of Hearing Counsel and in­ Arthur L. B roida, sidiary banks located 15 and 20 miles terveners, if any, shall be filed on or Deputy Secretary. from Bank, but the record indicates those before October 12, 1971. [FR Doc.71-13555 Filed 9-14-71; 8:48 am] subsidiaries do not compete with Bank F rancis C. Hurney, to any significant extent. Moreover, in Secretary. light of Missouri’s restrictive branching [FR Doc.71-13570 Filed 9-14r-71;8:49 am] FIRST NATIONAL CHARTER CORP. laws, the distances separating Applicant’s Order Approving Acquisition of Bank present subsidiaries and Bank, and the presence of numerous banking alterna­ Stock by Bank Holding Company tives, it seems unlikely that consumma­ In the matter of the application of tion of the proposal herein would NATIONAL COMMISSION ON First National Charter Corp., Kansas foreclose the development of any signifi­ City, Mo., for approval of acquisition of cant potential competition. STATE WORKMEN’S COM­ 80 percent or more of the voting shares On the basis of the record before it, of Citizens Bank of Belton, Belton, Mo. the Board concludes that consummation PENSATION LAWS There has come before the Board of of the proposed acquisition would not ad­ Governors, pursuant to section 3(a)(3) versely affect competition in any rele­ STATE WORKMEN’S COMPENSATION of the Bank Holding Company Act of vant area. The financial and managerial LAWS 1956 (12 U.S.C. 1842(a)(3)) and resources and prospects of Applicant, § 222.3(a) of Federal Reserve Regulation its subsidiaries, and Bank are regarded Notice of a Public Hearing Y (12 CFR 222.3(a)), an application by as satisfactory and consistent with ap­ Notice is hereby given of a public hear­ First National Charter Corp., Kansas proval of the application. Affiliation with ing to be held by the National Commis­ City, Mo. (Applicant), a registered bank Applicant would enable Bank to expand sion on State Workmen’s Compensation holding company, for the Board’s prior and to improve existing services and to Laws at Room 304, John W. McCormack approval of the acquisition of 80 percent introduce additional services, including Post Office and Courthouse, Post Office or more of the voting shares of Citizens trust and international services. Bank’s Square, Boston, Mass., commencing at Bank of Belton, Belton, Mo. (Bank). ability to offer new and improved services 10 a.m. on October 18,1971, and continu­ As required by section 3(b) of the Act, should contribute to the development ing through October 19, 1971. At the the Board gave written notice of receipt of the already expanding economy of hearing, interested parties may make of the application to the Commissioner Cass County. These considerations relat­ oral or written presentations of data, of Finance of the State of Missouri, and ing to the convenience and needs of the views, and arguments relating to the gen­ requested his views and recommendation. communities to be served lend some eral question of whether State work­ The Commissioner responded that his of­ weight in support of approval. It is the men’s compensation laws provide an fice had no objection to approval of the Board’s judgment that consummation of adequate, prompt, and equitable system application. the proposed acquisition would be in the of compensation, and to possible methods Notice of receipt of the application was public interest, and that the application which might be used by, and sources of published in the F ederal R egister on should be approved. information available to, the National July 13, 1971 (36 F.R. 13066), providing It is hereby ordered, For the reasons Commission on State Workmen’s Com­ an opportunity for interested persons to summarized above, that said application pensation Laws in making its study and submit comments and views with respect be and hereby is approved, provided that preparing its report under section 27 of to the proposal. A copy of the applica­ the acquisition so approved shall not be the Occupational Safety and Health Act tion was forwarded to the U.S. Depart­ consummated (a) before the 30th calen­ of 1970 (84 Stat. 1616). ment of Justice for its consideration. dar day following the date of this order Interested persons shall, not later than Time for filing comments and views has or (b) later than 3 months after the date ten (10) days prior to the commencement expired and all those received have been of this order, unless such period is ex­ of the hearing, file with the Chairman, considered. tended for good cause by the Board, or by National Commission on State Work­ The Board has considered the applica­ men’s Compensation Laws, 1825 K Street tion in the light of the factors set forth the Federal Reserve Bank of Kansas City pursuant to delegated authority. NW., Washington, DC 20006, a notice of in section 3(c) of the Act, including the intention to appear which shall contain effect of the proposed acquisition on com­ By order of the Board of Governors,1 the following inf ormation : petition, the financial and managerial re­ September 9,1971. 1. Name and address of the person ap­ sources and future prospects of the pearing. Applicant and the banks concerned, and [seal] T ynan S mith, the convenience and needs of the com­ Secretary. 2. The subject matter or matters to be munities to be served, and finds that: [FR Doc.71-13568 Filed 9-14-71;8:49 am] discussed. Applicant, the fifth largest banking 3. If such person is appearing in a organization and bank holding company 1 Voting for this action: Chairman Bums representative capacity, the name and in Missouri, has four subsidiary banks and Governors Robertson, Mitchell, Daane, address of the persons or organizations with aggregate deposits of $436.9 million, Maisel, Brimmer, and Sherrill. he is representing.

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18490 NOTICES

4. The date and approximate lengthMC 115841 Sub 407, Colonial Refrigerated From Baltimore, Md., over Maryland of time requested for his presentation. Transportation, Inc., now assigned Sep­ Highway 2 to Annapolis, Md., thence Interested persons may also file writ­ tember 29, 1971, at Atlanta, Ga., has been postponed indefinitely. over combined U.S. Highways 50 and ten data, views, or arguments with the MC-C-7064, Walter Boucher, an individual, 301 to Queenstown, Md., thence over Commissioner at the above address. doing business as B & S Lumber & Sup­ U.S. Highway 50 via Easton, Cam­ The oral proceedings shall be steno- ply—Investigation of Operations, assigned bridge, and Salisbury, Md., to Ocean graphically reported and transcripts will November 2, 1971, in Room 246, U.S. Post City, Md.; and (2) from Pocomoke City, be available to interested persons on Office Building, First Avenue North and Md., over U.S. Highway 113 to Dover, payment of fees therefor. The Presiding 26th Street, Billings, MT. Del., and return over the same routes. Officer shall regulate the proceedings, MC—C-7182, Ulinois-Califomia Express, Inc.— dispose of procedural requests, objec­ Investigation and Revocation of Certifi­ By the Commission. cates, assigned November 15, 1971, in tions, and comparable matters, and con­ [seal] R obert L. Oswald, Room 595, U.S. Courthouse, 1929 Stout fine the presentation to matters, pertin­ Street, Denver, CO. Secretary. ent to the inquiry. He shall have discre­ MC 133633 Sub 8, Highway Express, Inc., now [FR Doc.71-13572 Filed 9-14-71;8:49 am] tion to keep the record open after the assigned October 18, 1971, at Jackson, close of the hearing to permit any person Miss., in Room 403 Sun-N-Sand Motel, who participated in the oral presentation North Lamar Street. [Notice 72] to submit additional data, views, and [seal] R obert L. Oswald, MOTOR CARRIER APPLICATIONS AND arguments responsive to the oral presen­ Secretary. tation made by other persons. CERTAIN OTHER PROCEEDINGS [FR Doc.71-13574 Filed 9-14-71;8:49 am] Signed at Washington, D.C., this 10th S eptember 10, 1971. day of September 1971. The following publications are gov- [Notice 26] ' erned by the new Special Rule 247 of the J ohn F . B urton, Jr., Commission’s rules of practice, published Chairman. MOTOR CARRIER ALTERNATE ROUTE in the F ederal R egister, issue of [FR Doc.71-13593 Filed 9-14-71;8:51 aom] DEVIATION NOTICES December 3, 1963, which became effec­ tive January 1,1964. S eptember 10, 1971. The publications hereinafter set forth The following letter-notices of propo­ reflect the scope of the applications as INTERSTATE COMMERCE sals to operate over deviation routes for filed by applicant, and may include de­ operating convenience only have been scriptions, restrictions, or limitations COMMISSION filed with the Interstate Commerce Com­ which are not in a form acceptable to mission under the Commission’s Revised the Commission. Authority which ulti­ ASSIGNMENT OF HEARINGS Deviation Rules—Motor Carriers of Pas­ mately may be granted as a result of the sengers, 1969 (49 CFR 1042.2(c) (9) ) and applications here noticed will not neces­ S eptember 10, 1971. notice thereof to all interested persons is Cases assigned for hearing, postpone­ sarily reflect the phraseology set forth hereby given as provided in such rules in the application as filed, but also will ment, cancellation, or oral argument ap­ (49 CFR 1042.2(c)(9)). pear below and will be published only eliminate any restrictions which are not Protests against the use of any pro­ acceptable to the Commission. once. This list contains prospective as­ posed deviation route herein described signments only and does not include may be filed with the Interstate Com­ Applications Assigned for Oral H earing cases previously assigned hearing dates. merce Commission in the manner and MOTOR CARRIERS OF PROPERTY The hearings will be on the issues as form provided in such rules (49 CFR presently reflected in the Official Docket 1042.2(c)(9)) at any time, but will not No. MC 133633 (Sub-No. 8), filed Sep­ of the Commission. An attempt will be operate to stay commencement of the tember 3, 1971. Applicant: HIGHWAY made to publish notices of cancellation proposed operations unless filed within EXPRESS, INC., U.S. Highway 1, at Pine of hearings as promptly as possible, but 30 days from the date of publication. Street, Hattiesburg, MS 39401. Appli­ interested parties should take appropri­ Successively filed letter-notices of the cant’s representatives: William P. Jack- ate steps to insure that they are notified same carrier under the Commission’s son, Jr., 919-18th Street NW., Washing­ of cancellation or postponements of Revised Deviation Rules—Motor Carriers ton, DC. Authority sought to operate as hearings in which they are interested. of Property, 1969, will be numbered con­ a common carrier, by motor vehicle, over MC 9644 Sub 1, B.T.L., Inc., now assigned secutively for convenience in identifica­ regular routes, transporting: General November 8, 1971, at Jefferson City, Mo., tion and protests, if any, should refer commodities (except those of unusual at the Missouri Public Service Commis­ to such letter-notices by number. value, classes A and B explosives, house­ sion, The Penthouse, 14th Floor, Jefferson hold goods as defined by the Commission, Building, Jefferson City, MO. M otor Carrier of P assengers commodities in bulk and commodities re­ MC 106497 Sub 47, Parkhill Truck Co., as­ No. MC-13300 (Deviation No. 23), quiring special equipment): (1) Between signed November 8, 1971, in Room 595, CAROLINA COACH COMPANY, 1201 Hattiesburg, and Jackson, Miss., serving U.S. Courthouse, 1929 Stout Street, Denver, CO. South Blount Street, Raleigh, NC 27602, all intermediate points: (a) From Hat­ MC 34227 Sub 5, Pacific Inland Transporta­ filed August 27, 1971. Carrier’s repre­ tiesburg over U.S. Highway 49 to Jackson tion, assigned November 12, 1971, in Room sentative: Lawrence E. Lindeman, 1032 and return over the same route, (b) From 595, U.S. Courthouse, 1929 Stout Street, Pennsylvania Building, Pennsylvania Hattiesburg over former U.S. Highway 49 Denver, CO. Avenue and 13th Street NW., Washing­ to Jackson, and return over the same MC 128473 Sub 12, Montana Express, Inc., ton, DC 20004. Carrier proposes to op­ route; (2) Between Hattiesburg, and assigned November 1, 1971, in Room 246k erate as a common carrier, by motor DeKalb, Miss., serving all intermediate U.S. Post Office Building, First Avenue North and 26th Street, Billings, MT. vehicle of passengers and their baggage, points: From Hattiesburg, Miss, over and express and newspapers in the same U.S. Highway 11 and/or Interstate High­ MC 134668 Sub 1, Marine Terminals, Inc., Extension—Florida, now assigned October vehicle with passengers, over a deviation way 59 to Meridian, Miss., thence over 18, 1971, at Miami, Fla., in Room 1510, route as follows: From junction U.S. Mississippi Highway 39 to DeKalb and Federal Building, 51 Southwest First Highway 50 and Maryland Highway 610, return over the same route; (3) Between Avenue. over Maryland Highway 610 to junction Magee, and Lucedale, Miss., serving all MC 134995 Sub 1, Jack Urbain, doing busi­ U.S. Highway .113, and return over the intermediate points: From Magee over ness as B & J Distributing Co., now as­ same route, for operating convenience Mississippi Highway 28 to junction U.S. signed September 20, 1971, at Chicago, has only. The notice indicates that the car­ Highway 84 approximately 5 miles west been canceled and dismissed. rier is presently authorized to transport of Laurel, Miss., thence over U.S. High­ MC 113855 Sub 233, International Transport, Inc., now assigned September 16, 1971, at passengers and the same property, over way 84 to junction Mississippi Highway Los Angeles, Calif., postponed indefinitely. pertinent service routes as follows: (1) 15, thence over Mississippi Highway 15

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 NOTICES 18491

to junction U.S. Highway 98, thence over necessity require operation by applicant, to intervene in this proceeding setting U.S. Highway 98 to Lucedale, Miss., and in interstate or foreign commerce, as a forth in detail the precise manner in return over the same route; (4) Between common carrier by motor vehicle, of which it has been so prejudiced. Hattiesburg, and Quitman, Miss., serving general commodities (except classes A Applications for certificates or permits all intermediate points and the off-route and B explosives, household goods as which are to be processed concurrently points of Buckatunna and State Line, defined by the Commission, commodities with applications under section 5 gov­ Miss.: From Hattiesburg over Mississippi in bulk, and those requiring special erned by Special Rule 240 to the extent State Highway 42 to junction Mississippi equipment), between Moline and Bloom­ applicable. State Highway 63, thence over Missis­ ington, 111., over Interstate Highway 74 No. MC 20824 (Sub-No. 30), filed Au­ sippi State Highway 63 to junction U.S. (also U.S. Highway 150), serving no in­ gust 17, 1971. Applicant: COMMERCIAL Highway 45, thence over U.S. Highway termediate points, restricted to the MOTOR FREIGHT, INC. OF INDIANA, 45 to Quitman, Miss., and return over the transportation of traffic received from or 2141 South High School Road, Indianap­ same route; destined to connecting carriers. That olis, IN 46241. Applicant’s represent­ (5) Between Quitman, and Menden­since it is possible that other parties ative: John E. Lesow, 3737 North Me­ hall, Miss., serving all intermediate points who have relied upon the notice in the ridian Street, Indianapolis, IN 46208. Au­ and the off-route points of Stonewall and F ederal R egister of the application as thority sought to operate as a common Enterprise, Miss.: From Quitman over originally published may have an in­ carrier, by motor vehicle, over regular U.S. Highway 45 to junction Mississippi terest in and would be prejudiced by the routes, transporting: General commod­ Highway 18, thence over Mississippi lack of proper notice of the grant of ities (except those of unusual value, and Highway 18 to junction Mississippi High­ authority without the requested limita­ except dangerous explosives, household way 13, thence over Mississippi Highway tion in our findings herein, a notice of goods as defined in Practices of Motor 13 to Mendenhall, Miss., and return over the authority actually granted will be Common Carriers of Household Goods, the same route; (6) Between Hatties­ published in the F ederal R egister and 17 M.C.C. 467, commodities in bulk, and burg, and Brookhaven, Miss., serving all issuance of the. certificate in this pro­ those requiring special equipment), (1) intermediate points: From Hattiesburg, ceeding will be withheld for a period between South Bend and Howe, Ind.: Miss., over Mississippi Highway 42 to of 30 days from the date of such publi­ From South Bend over U.S. .Highway 20 junction U.S. Highway 84, thence over cation, during which period any proper to Elkhart, thence over Indiana High­ U.S. Highway 84 to Brookhaven, Miss., party in interest may file an appropriate way 120 to its intersection with Indiana and return over the same route. Note: petition for leave to intervene in the Highway 15 at Bristol, thence over In­ Service is restricted against the move­ proceeding setting forth in detail the diana Highway 15 to its intersection with ment of traffic: (1) Between Jackson, precise manner in which it has been U.S. Highway 20, thence over U.S. High­ Miss., on the one hand, and, on the other, prejudiced. way 20 to La Grange, thence over In­ Prentiss and Bassfield, Miss., and points diana Highway 9 to its intersection with within their respective commercial zones. No. MC 119789 (Sub-No. 61) (Repub­ lication) filed February 8,1971, published Indiana Highway 120, thence over In­ (2) Between New Orleans, La., on the diana Highway 120 to Howe, Ind., and one hand, and, on the other, Prentiss and in the F ederal R egister issue of March 4, 1971, and republished this issue. Appli­ return over the same route, serving all Bassfield, Miss., and points within their intermediate points and the off-route respective commercial zones. (7) Be­ cant: CARAVAN REFRIGERATED CARGO, INC., Post Office Box 6188, Dal­ points of Middlebury, Shipshewana, and tween Brookhaven, and Mendenhall, Howe Military School; (2) between the Miss., serving all intermediate points: las, TX 75222. Applicant’s representative: James T. Moore (same address as appli­ junction of Indiana Highway 219 and From Brookhaven, Miss., over U.S. High­ U.S. Highway 20 and Osceola, Ind.: From way 51 and/or Interstate Highway 55 to cant) . An order of the Commission, Op­ erating Rights Board, dated August 19, the junction of Indiana Highway 219 and junction Mississippi Highway 28, thence U.S. Highway 20 over Indiana Highway over Mississippi Highway 28 to junction 1971, and served September 7, 1971, finds: We find, That the present and fu­ 219 to Osceola, Ind., and return over the Mississippi Highway 43, thence over same route, restricted to shipments re­ Mississippi Highway 43 to Mendenhall, ture public convenience and necessity require operation by applicant, in inter­ ceived from or destined to the New York Miss., and return over the same route. Central Railroad Co.; and (3) between (8) Between Laurel, and Bay Springs, state or foreign commerce, as a common carrier by motor vehicle, over irregular South Bend and Elkhart, Ind.: From Miss., serving all intermediate points: South Bend over U.S. Highway 33 to Elk­ From Laurel over Mississippi Highway routes, (1) of plastic sheeting and nylon netting from points in Bergen, Hudson, hart, Ind., and return over the same 15 to Bay Springs, Miss., and return over route, serving the intermediate point of the same route, and (9) Between Raleigh, Union, Essex, and Middlesex Counties, N.J., and points in that portion of the Osceola, restricted to shipments re­ and Mize, Miss., serving all intermediate ceived from or destined to the New York points: From Raleigh over Mississippi New York, N.Y., commercial zone, as de­ fined in Commercial Zones and Terminal Central Railroad Co. No te: The instant Highway 35 to junction Mississippi High­ application is a matter directly related way 28, thence over Mississippi Highway Areas, 54 M.C.C. 451 (1951), within which to No. MC-F 11268 published in the F ed­ 28 to Mize, Miss., and return over the local operations may be conducted pur­ suant to the partial exemption of section eral R egister, issue of August 25, 1971. same route. Note: Common control may If a hearing is deemed necessary, appli­ be involved. HEARING: October 18,1971 203(b)(8) of the Interstate Commerce Act (the “exempt” zone), to the plant- cant requests it be held at Indianapolis, in Room 403, Sun-N-Sand Motel, N. Ind. Lamar Street, Jackson, MS, before Joint site and storage facilities of Peterson Board No. 28. Additional hearings are Baby Products Co., at Los Angeles, Calif.; No. MC 58035 (Sub-No. 7), filed contemplated at times and places to be and (2) of baby swings, from El verson, August 2, 1971. Applicant: TRANS­ determined by the Joint Board. Pa., to the plantsite and storage facili­ WESTERN EXPRESS, LTD., 48 East ties of Peterson Baby Products Co., at 56th Avenue, Denver, CO 80216. Appli­ No. MC 76266 (Sub-No. 120) (Repub­ Los Angeles, Calif.; That because it is cant’s representative: John P. Thomp­ lication) , filed October 23, 1970, pub­ possible that other parties, who have son, 450 Capitol Life Building, Denver, lished in the F ederal R egister issues of relied upon the notice of the application Colo. 80203. Authority sought to oper­ February 4, 1971, and March 18, as published, may have an interest in and ate as a common carrier, by motor vehi­ 1971, and republished this issue. Appli­ would be prejudiced by the lack of proper cle, over irregular routes, transporting: cant: ADMIRAL-MERCHANTS MOTOR notice of the authority described in the General commodities, except those of un­ FREIGHT, INC., 2625 Territorial Road, findings in this order, a notice of the usual value, classes A and B explosives, St. Paul, Minn. 55114. Applicant’s rep­ authority actually granted will be pub­ commodities in bulk and those requir­ resentative: Louis R. Cernjar (same ad­ lished in the F ederal R egister and issu­ ing special equipment, between points in dress as applicant). An order of the ance of a certificate in this proceeding Adams, Arapahoe, Denver, and Jefferson Commission, Operating Rights Board, will be withheld for a period of 30 days Counties, Colo.; and between points in dated August 19, 1971, and served from the date of such publication, during Adams, Arapahoe, Denver, and Jefferson September 7, 1971, finds: That the pres­ which period any proper party in interest Counties, Colo., on the one hand, and on ent and future public convenience and may file an appropriate petition for leave the other hand, points in Colorado.

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18492 NOTICES

No te: Common control may be involved. termediate points and the off-route Greenville, Herold, Lodi, Lathrop, Liver­ Applicant states that the requested au­ points of Aptos, Capitola, Corralitos, more, Lyoth, Manteca, Midway, Moun­ thority cannot be tacked with its existing Carmel Valley, Del Monte Naval Training tain House, Parks Job Corps Center, authority. If a hearing is deemed neces­ Center, Fort Ord, Pebble Beach, Rio del Santa Rita, Sharp Army Depot, Sheldon, sary, applicant requests it be held at Mar, Seaside and Soquel; from Santa Springtown, Tracy Supply Depot, Turner, Denver, Colo. The instant application is a Cruz over California Highway 1 to Car­ Victor, Woodbridge, Youngstown; from matter directly related to the application mel and return over the same route; (6) San Francisco over U.S. Highway 50 to in No. MC-P 11254 published in the between Watsonville, Calif., and Gilroy, Sacramento and return over the same F ederal R egister, issue of August 11, Calif., serving all intermediate points, route; (15) between San Francisco, 1971. and the off-route points of Freedom and Calif., and Sacramento, Calif., serving all No. MC 110325 (Sub-No. 50), filed Au­ Pajaro; from Watsonville over California intermediate points and off-route points gust 12, 1971. Applicant; TRANSCON Highway 152 to Gilroy and return over of Benicia, Cordelia, Crockett, Davis, LINES, a corporation, 1206 South Maple the same route; (7) between Watsonville, Dixon, El Macera, El Sobranti, Elmira, Avenue, Los Angeles, CA 90015. Appli­ Calif., and junction California Highway Fairfield, Hercules, Mankas Corner, Mare 1 and California Highway 152, serving all Island, Mare Island Naval Shipyard, Ole­ cant’s representative: Frank W. Taylor, 1221 Baltimore Avenue, Kansas City, MO intermediate points; from Watsonville um, Rockville, Rodeo, Selby, Suisun City, over California Highway 152 to its junc­ Tormey, Travis Air Force Base, Vacaville, 64105. Authority sought to operate as a by motor vehicle, over tion with California Highway 1 and re­ Vallejo; from San Francisco over U.S. common carrier, turn over the same route; (8) between regular and irregular routes, transport­ Highway 40 (also Interstate Highway 80) ing: (except those Watsonville, Calif., and junction Cali­ to Sacramento and return over the same General commodities fornia Highway 1 and California High­ route. Authority is sought to serve Sacra­ of unusual value, classes A and B ex­ way 129, serving all intermediate points; mento, Calif., and the junction of Cali­ plosives, automobiles, household goods as from Watsonville over California High­ defined by the Commission, commodi­ fornia Highway 120 and U.S. Highway way 129, to its junction with California 50 (also Interstate Highway 205) south ties in bulk, and those requiring special Highway 1 and return over the same equipment or handling). Regular routes: of Lathrop, Calif., as joinder and full route; (9) between Salinas, Calif., and service points in conjunction with the (1) Between San Rafael, Calif., and Sa­ Monterey, Calif., serving all intermediate routes sought herein and all of appli­ linas, Calif., serving all intermediate points and the off-route points of Del Rey cants’ presently authorized routes. points and the off-route points of Agnew, Oaks and Pacific Grove; from Salinas Aromas, Atherton, Belvedere, Brisbane, Irregular routes: (A) Between poipts Corte Madera, Daily City, Fairfax, Fort over California Highway 68 to Monterey in that part of California beginning at and return over the same route; (10) be­ junction Vaughn Road and California Cronkite, Fort Barry, Fort Baker, Poster tween Castroville, Calif., and Hollister, City, Gabilan, Kentfield, Larkspur, Los Highway 113, thence east on Vaughn Altos, Mill Valley, Mountain View, New Calif., serving all intermediate points and Road to Pedrick Road (also known as Almaden, Pacifica, Permanente, Por- the off-route points of Prunedale and San County Road E -7), thence north on Juan Bautista; from Castroville over Cal­ tolla Valley, Ross, San Anselmo, San Pedrick Road to Road 16A, thence east Quentin, Santa Rita, Santa Venetia, ifornia Highway 156 to Hollister and re­ on Road 16A to California Highway 113, turn over the same route; (11) between Sausalito, Spreckles, Tiburon, and Wood- thence north and northeasterly on Cali­ Mission San Jose, Calif., and Martinez, fornia Highway 113 to Kirkville Road, side; from San Rafael over U.S. Highway Calif., serving all intermediate points and 101 to Salinas (also from San Francisco thence east on Kirkville Road to Sacto off-route points of Alamo, Concord, Dub­ Avenue, thence along Sacto Avenue to over Interstate Highway 280 to its inter­ lin, Danville, Diablo, Pleasanton, Pleas­ section with California Highway 82, Garden Highway, thence northeasterly ant Hill, San Ramon, Scotts Corner, thence over California Highway 82 to its on Garden Highway to Pleasant Grove Sunol, U.S. Naval Magazine Concord, Road, thence south on Pleasant Grove intersection with U.S. Highway 101 near Vallecitos, Vallecitos Nuclear Center, Coyote, Calif.), and return over the same Road to Marcum Road, thence east on Walnut Creek; from Mission San Jose Marcum Road to Nicolaus II Road, route; (2) between Castro Valley, Calif., over Interstate Highway 680 to its inter­ and Saratoga, Calif., serving all interme­ thence east on Nicolaus II Road to State section with Waterfront Road near diate points; and the off-route points of College Boulevard, thence southeasterly Martinez, thence over Waterfront Road on State College Boulevard to Hum­ Sunnyvale, Milpitas, and Alviso, Calif.; to Martinez and return over the same from Castro Valley over unnumbered phrey Road, thence south on Humphrey highway to its intersection with Cali­ route; Road to Laird Road, thence south on fornia Highway 238, thence over Cali­ (12) Between Oakland, Calif., and Laird Road to Auburn-Folsom Road, fornia Highway 238 to intersection with Sacramento, Calif., serving all interme­ thence south on Auburn-Folsom Road to Interstate Highway 680, thence over In­ diate points and off-r’oute points of Anti­ Green Valley Road, thence east on Green terstate Highway 680 (also California och, Avon, Clarkesburg, Clyde, Freeport, Valley Road to El Dorado Hills Boule­ Highway 17), to its intersection with Lafayette, Locke, Moraga Orinda, Or- vard, thence south on El Dorado Hills inda Village, Piedmont, Pittsburg, Port Boulevard to Latrobe Road, thence south California Highway 237, thence over Cal­ on Latrobe Road to California Highway ifornia Highway 237 to its intersection Chicago, Rheem Valley, Rio Vista, Rio 16, thence west on California Highway 16 with California Highway 85, thence over Vista U.S. Army Depot, U.S. Naval Weap­ ons Station, Vordeen, Walnut Grove, to lone Road, thence south on lone Road California Highway 85 to Saratoga and to California Highway 104, thence west return over the same route; West Pittsburg; from Oakland over Cali­ fornia Highway 24 to its junction with on California Highway 104 to California (3) Between San Rafael, Calif., and Highway 160, thence southwesterly on Santa Cruz, Calif., serving all intermedi­ California Highway 4, thence over Cali­ fornia Highway 4 to its junction with California Highway 160 to California ate points and the off-route points of Highway 12, thence northwesterly on Alameda, Aldercraft, Albany, Berkeley, California Highway 160, thence over Ben Lomond, Campbell, El Cerrito, California Highway 160 to Sacramento California Highway 12 to California Emeryville, Felton, Fremont, Glennwood, and return over the same route; (13) be­ Highway 113, thence north on California Holy City, Laurel, Lampico, Mount Eden, tween Pinole, Calif., and Stockton, Calif., Highway 113 to the point of beginning Newark, Redwood Estates, Richmond, serving all intermediate points and the at Vaughn Road. Service is authorized San Leandro, San Pablo, San Lorenzo, off-route points of Bethel Island, Byron, at points on the boundary roads and Scotts Valley, Union City, and Zayante; Holt, Knightsen, Port Costa, and those highways described above. (B) Between from San Rafael over California High­ points within 10 miles of Stockton; from Richmond, El Cerrito, San Leandro, San way 17 and return over the same route; Pinole over California Highway 4 to Lorenzo and the area described in part I (4) between Saratoga, Calif., and Los Stockton and return over the same route; set forth below, on the one hand, and, Gatos, Calif., serving all intermediate (14) between San Francisco, Calif., and on the other, Sausalito, Santa Rosa, and points; from Saratoga over California Sacramento, Calif., serving all interme­ intermediate points on U.S. Highway 101 Highway 9 to Los Gatos and return over diate points and the off-route points of and the off-route points of Marin the same route; (5) between Santa Cruz, Acampo, Altamont, Bethany, Banta, County, Greenbrae, Tiburon, Belvedere, Calif., and Carmel, Calif., serving all in­ Dublin, Elk Grove, French Camp, Galt, Min Valley, Corte Madera, Larkspur,

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 NOTICES 18493

Kentfleld, Ross, San Anselmo, Fairfax, termediate points; from Sacramento over Interstate Highway 280 over Interstate San Quentin, and Sebastopol. Interstate Highway 5 to junction U.S. Highway 280, to junction Interstate Part I, Oakland pickup and delivery Highway 50 and Interstate Highway 5, Highway 280 and California Highway 85 zone: All of the city of Emeryville, also and return over the same route; (3) be­ and return over the same route; (10) those parts of Albany, Alameda, Berkeley, tween Sacramento, Calif., and junction between junction California Highway 85 Oakland, and Piedmont bounded by the California Highway 12 and California and Interstate Highway 280 and junc­ following: Beginning at San Francisco Highway 160, in connection with carrier’s tion Interstate Highway 280 and Cali­ and Alameda-Contra Costa County line, regular-route operation described above, fornia Highway 17, in connection with thence easterly along said county line to serving no intermediate points; from carrier’s regular-route operation de­ Curtis Street, southerly on Curtis Street Sacramento over Interstate Highway 5 scribed above, serving no intermediate to Solano Avenue, easterly on Solano to junction Interstate Highway 5 and points; from junction California High­ Avenue to Tulare Avenue, southerly and California Highway 12, thence over way 85 and Interstate Highway 280 over westerly along city limits boundary line California Highway 12 to junction Cali­ Interstate Highway 280 to junction In­ of Albany to Ordway Street, southerly on fornia Highway 160, and return over the terstate Highway 280 and California to Grove Street, southerly on Grove same route; (4) between junction Cali­ Highway 17 and return over the same Street to Rose Street, easterly on Rose fornia Highway 12 and U.S. Highway 50 route; Street to Oxford Street, southerly on and junction California Highway 12 and (11) Between junction California Oxford Street to Hearst Avenue, easterly California Highway 160, in connection Highway 17 and California Highway 92 and southerly along the city limit bound­ with carrier’s regular-route operation and junction U.S. Highway 101 and Cali­ ary line of Berkeley to Dwight Way, described above, serving no intermediate fornia Highway 92, in connection with southwesterly and westerly on Dwight points; from junction California High­ carrier’s regular-route operation de­ Way to College Avenue, southerly on Col­ way 12 and U.S. Highway 50, over Cali­ scribed above, serving no intermediate lege Avenue to Broadway, southwesterly fornia Highway 12 to junction California points; from junction California High­ on Broadway to Mather Street, easterly Highway 12 and California Highway 160, way 17 and California Highway 92 over on Mather Street and Pleasant Valley and return over the same route; (5) California Highway 92 (San Mateo Avenue to Rose Avenue, southwesterly on between junction California Highway 12 Bridge) to junction U.S. Highway 101 Rose Avenue to Echo Avenue, southerly and U.S. Highway 40 (also Interstate and California Highway 92 and return on Echo Avenue to Linda Avenue, east­ Highway 80) and junction California over the same route; (12) between junc­ erly on Linda Avenue to Grant Avenue, Highway 12 and California Highway 160, tion California Highway 17 and Califor­ southerly on Grant Avenue to Mandana in connection with carrier’s regular- nia Highway 84, and junction U.S. High­ Boulevard, easterly on Mandana Boule­ route operation described above, serying way 101 and California Highway 84, in vard to Lakeshore. Avenue, westerly on no intermediate points; from junction connection with carrier’s regular-route Lakeshore Avenue to Excelsior Avenue, California Highway 12 and U.S. Highway operation described above, serving no easterly on Excelsior Avenue to Hopkins 40 (also Interstate Highway 80) over intermediate points; from junction Cal­ Street, easterly on Hopkins Street to 55th California Highway 12 to junction Cali­ ifornia Highway 17 and California High­ Avenue, southwesterly on 55th Avenue to fornia Highway 12 and California High­ way 84 over California Highway 84 (Dim- Camden Street, southeasterly on Camden way 160, and return over the same route; barton Bridge) to junction U.S. Highway Street to Seminary Avenue to Outlook (6) Between junction U.S. Highway101 and California Highway 84 and re­ Avenue, southeasterly on Outlook Avenue 40 (also Interstate Highway 80) and Cal­ turn over the same route; (13) between to Parker Avenue, southerly on Parker ifornia Highway 21 and junction Inter­ junction California Highway 129 and Avenue to Foothill Boulevard, southeast­ state Highway 680 and California High­ County Road G -ll near Watsonville, erly on Foothill Boulevard to the Oak- way 4, in connection with carrier’s regu­ Calif., and junction U.S. Highway 101 land-San Leandro boundary line, west­ lar-route operation described above, serv­ and California Highway 129, in connec­ erly along the Oakland-San Leandro ing no intermediate points; from junction tion with carrier’s regular-route opera­ boundary line and its prolongation to U.S. Highway 40 (also Interstate Highway tion described above, serving no inter­ Edes Avenue, northwesterly on Edes Ave­ 80) and California Highway 21 over Cal­ mediate points; from junction California nue to Jones Avenue, westerly on Jones ifornia Highway 21 to junction Inter­ Highway 129 and County Road G -ll near Avenue to 98th Avenue, easterly on 98th state Highway 680, thence over Inter­ Watsonville, Calif., over California High­ Avenue to Railroad Avenue, northwest­ state Highway 680 to junction Inter­ way 129 to junction U.S. Highway 101 erly on Railroad Avenue and its prolon­ state Highway 680 and California High­ and California Highway 129 and return gation to 50th Avenue, southwesterly on way 4 and return over the same route; over the same route; (14) between Cas- 50th Avenue to San Leandro Bay, north­ (7) between junction California High­ troville, Calif., and Salinas, Calif., in westerly along the shoreline of San way 4 and County Road 14 and junction connection with carrier’s regular-route Leandro Bay and Oakland Inner Harbor U.S. Highway 50 and County Road 14, operation described above, serving no to Oakland Middle Harbor, northerly in connection with carrier’s regular- intermediate points; from Castroville, along shoreline of Oakland Middle Har­ route operation described above, serving Calif., over California Highway 183 to bor and Oakland Outer Harbor and San no intermediate points; from junction Salinas, Calif., and return over the same Francisco Bay to points of beginning; California Highway 4 and County Road route; (15) between Hollister, Calif., and also city of Alameda, beginning at High 14 over County Road 14 to junction U.S. junction U.S. Highway 101 and Califor­ Street and Oakland Inner Harbor, thence Highway 50 and County Road 14 and nia Highway 25, in connection with car­ southerly, westerly and northerly along return over the same route; (8) between rier’s regular-route operation described the shoreline to the mouth of the Oak­ junction U.S. Highway 50 and Interstate above, serving no intermediate points; land Estuary, thence easterly along the Highway 205 and junction U.S. Highway from Hollister, Calif., over California Alameda shoreline of the Oakland Estu­ 50 and Interstate Highway 205, in con­ Highway 25 to junction U.S. Highway ary to starting point; including Govern­ nection with carrier’s regular-route op­ 101 and California Highway 25 and re­ ment Island. eration described above, serving no in­ turn over the same route; Alternate routes for operating con­ termediate points; from junction U.S. (16) Between jimction Interstate venience only: (l) Between Sacramento, Highway 50 and Interstate Highway 205 Highway 80 and Interstate Highway 680 Calif., and Stockton, Calif., in connec­ over Interstate Highway 205 to junction and junction Interstate Highway 680 and tion with carrier’s regular-route opera­ U.S. Highway 50 and Interstate Highway California Highway 4 in connection with tion described above, serving no inter­ 205, and return over the same route; carrier’s regular-route operation de­ mediate points; from Sacramento over (9) between junction California Highway scribed above, serving no intermediate Interstate Highway 5 to Stockton and 82 and Interstate Highway 280 and junc­ points; from junction Interstate High­ return over the same route; (2) between tion Interstate Highway 280 and Califor­ way 80 and Interstate Highway 680 over Sacramento, Calif., and junction U.S. nia Highway 85, in connection with car­ Interstate Highway 680 to junction In­ Highway 50 and Interstate Highway 5, in rier’s .regular-route operation described terstate Highway 680 and California connection with carrier’s regular-route above, serving no intermediate points; Highway 4 and return over the same operation described above, serving no in­ from junction California Highway 82 and route; (17) between Scotts Comer, Calif.,

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18494 NOTICES

and Springtown, Calif., in connection Oxford, Ala., serving no intermediate NATIONAL TRUCK INC., Post Office with carrier’s regular-route operation de­ points, with restriction; general com­ Box 4168, Amarillo, TX 79105. Applicant’s scribed above, serving no intermediate modities, except those of unusual value, attorney: Charles W. Singer, 33 North points; from Scotts Comer, over Cali­ classes A and B explosives, household Dearborn Street, Chicago, IL 60602. fornia Highway 84 to Springtown, Calif., goods as defined by the Commission, com­ TRANS-NATIONAL T R U C K , INC., and return over the same route; and (18) modities in bulk and those requiring spe­ holds no permanent authority but between Gilroy, Calif., and junction In­ cial equipment, over irregular routes, be­ authorities are being sought in pending terstate Highway 5 and U.S. Highway 50, tween certain specified points in Georgia, docket No. MC-133655 and Subs-3, 4,5,6, in connection with carrier’s regular-route on the one hand, and, on the other, Ox­ 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, operation described above, serving no ford, Ala., with restriction; and pending 22, 23, 24, 25, 26, 27, 30, 31, 32, 33, 35, 36 intermediate points; from Gilroy, Calif., Docket No. MC-11207 Sub-299, general 38, 41, 42, 43, 44, 45, 47, 48, 49, 50 and 51, over California Highway 152 to junction commodities, except those of unusual and certificates not yet issued. Donald J. Interstate Highway 5, thence over Inter­ value, classes A and B explosives, house­ Schneider holds no authority from state Highway 5 to junction U.S. High­ hold goods as defined by the Commission, this Commission. However, he controls way 50 and return over the same route. commodities in bulk, and those requiring SCHNEIDER TANK LINES, INC., 200 No te; This application is a matter di­ special equipment, betwen Atlanta, Ga., West Cecil Street, Neenah, WI 54956, rectly related to MC-F—11270, published and Austell, Ga., between Gadsden, which is authorized to operate as a in the F ederal R egister, issue of Au­ Ala., and junction U.S. Highways 278 and common carrier in Illinois, Wisconsin, gust 25, 1971. If a hearing is deemed 231, with restriction, certificate not yet Texas, Oklahoma, Missouri, Mississippi^ necessary, applicant requests it be held issued. Vendee is authorized to operate as Tennessee, Nebraska, Indiana, Iowa, at Washington, D.C. a common carrier in Kentucky, Illinois, Michigan, Minnesota, Kentucky, Ohio, Applications under sections 5 and 210a Ohio, Georgia, Alabama, Indiana, Flor­ Alabama, Arkansas, Colorado, Kansas, (b): ida, Michigan, Tennessee, Mississippi, Louisiana, North Dakota, Pennsylvania, The following applications are gov­ and Missouri. Application has not been South Dakota, West Virginia, Wyoming, erned by the Interstate Commerce Com­ filed for temporary authority under sec­ Florida, Georgia, New Jersey, New York, mission’s Special Rules governing notice tion 210a(b). North Carolina, South Carolina, Mary­ land, and Virginia. Application has not of filing of applications by motor car­ No. MC-F-11306. Authority sought for riers of property or passengers under been filed for temporary authority under control by JAMES P. BYRNE, 101 section 210a(b). sections 5(a) and 210a(b) of the Inter­ Thorntree Lane, Winnetka, IL 60093, of state Commerce Act and certain other TRANSPORT STORAGE & DISTRIB­ No. MC-F-11308. Authority sought for proceedings with respect thereto. (49 UTING CO., Post Office Box 570, Ren­ purchase by INTERNATIONAL TRANS­ CFR 1100.240). ton, WA 98055. Applicants’ attorney: PORT, INC., 2450 Marion Road South­ M otor Carriers of P roperty Charles W. Singer, 33 North Dearborn east, Rochester, MN 55901, of the operat­ No. MC-F-11305. Authority sought for Street, Chicago, IL 60602. Operating ing rights of DAWES TRANSFER, INC., 528 South 108th Street, Milwaukee, WI purchase by TERMINAL TRANSPORT rights sought to be controlled: New auto­ COMPANY, INC., 248 Chester Avenue mobiles, in secondary movements, in 53214, and for acquisition by INTERNA­ truckaway service, as a common carrier TIONAL AEROPRODUCTS, INC., and SE., Atlanta, GA 30316, of a portion of in turn by BUTLER AVIATION INTER­ the operating rights of DEATON, INC., over irregular routes, from Tacoma, Wash., to points in Pierce, King, Kitsap, NATIONAL, INC., both of 600 Sylvan 317 Avenue West, Post Office Box 938, Avenue, Englewood Cliffs, NJ, of con­ Birmingham, AL 35214, and for acquisi­ Mason, Grays Harbor, and Thurston Counties, Wash., from Wenatchee, trol of such rights through the purchase. tion by AMERICAN COMMERCIAL Applicants’ attorneys and representa­ LINES, INC., Box 13244, Houston, TX Wash., to points in Chelan, Okanogan, Douglas, and Grant Counties, Wash., tives: Axelrod, Goodman, Steiner, & 77019, and in turn by TEXAS GAS Bazelon, 39 South La Salle Street, TRANSMISSION CORPORATION, 3800 from Kennewick, Wash., to points in Yakima, Kittitas, Benton, Franklin, Chicago, IL 60603 and Cahill, Fox & Frederica Street, Post Office Box 1160, Smith, 622 North Water Street, Mil­ Owensboro, KY 42301, of control of such Grant, Adams, Whitman, Garfield, Co­ lumbia, Walla Walla, Asotin, and Klicki­ waukee, WI 53202. Operating rights rights through the purchase. Applicants’ sought to be transferred: Materials, attorneys and representatives; Axelrod, tat Counties, Wash. Morrow and Uma­ tilla Counties, Oreg., and Nez Perce and equipment, and supplies used in con­ Goodman, Steiner & Bazelon, 39 South struction and maintenance of highways, La Salle Street, Chicago, IL 60603, Harold Latah Counties, Idaho, with restriction; from Spokane, Wash., to points in Spo­ as a common carrier over irregular H. Clokey, 414 The Equitable Building, routes, between certain specified points Atlanta, Ga. 30303, A. Alvis Layne, 915 kane, Withman, Adams, Lincoln, Ferry, Stevens, Pend Oreille, Okanogan, Doug­ in Wisconsin and Illinois; commodities Pennsylvania Building, Washington, D.C. which because of unusual size or weight 20004, John F. Spickerman, Terminal las, Grant, and Chelan Counties, Wash., and points in that part of Idaho in and require special handling and the use of Transport Co., Inc., 248 Chester Avenue special equipment, between certain spec­ SE., Atlanta, GA 30316, Richard C. north of Latah and Shoshine Counties, with restriction; new and used auto­ ified points in Wisconsin, Illinois, and Young, Post Office Box 1160, Owensboro, Iowa; and self-propelled articles weigh­ KY 42301, Robert C. Koch, 3800 Frederica mobiles, and trucks, in driveaway service, between Seattle, Wash., and points in ing 15,000 pounds or more, and related Street, Owensboro, KY 42301, Claude machinery, tools, parts, and supplies Knox, Post Office Box 938, Birmingham, Washington West of the summit of the Cascade Mountains, and Portland, Oreg.; moving in connection therewith, between AL 35201. Operating rights sought to be certain specified points in Wisconsin and transferred: General commodities, ex­ and automobiles and trucks, new or used, in secondary movements, in truckaway Iowa. Vendee is authorized to operate cept those of unusual value, classes A and as a common carrier in all States in the B explosives, household goods as defined service, between Seattle, Wash., on the one hand, and, on the other, Portland, United States (including Alaska, but ex­ by the Commission, commodities in bulk, cluding Hawaii). Application has been as a common carrier over regular routes, Oreg., and points in Washington. JAMES P. BYRNE holds no authority from this filed for temporary authority under sec­ between Birmingham, Ala., and New Or­ tion 210a(b). leans, La., between Birmingham, Ala., Commission. However, he controls DIXIE and Greenville, Miss., between Birming­ TRANSPORT COMPANY,' which is No. MC-F—11309. Authority sought for ham, Ala., and Vicksburg, Miss., between authorized to operate as a common car­ purchase by HOUFF TRANSFER, IN­ Laurel, Miss., and Natchez, Miss., be­ rier in Georgia, Florida, Michigan, Ten­ CORPORATED, Box 91, Weyers Cave, tween Oxford, Ala., and Birmingham, nessee, Kentucky, and Ohio. Applica­ VA 24486, of a portion of the operating Ala., between junction U.S. Highways 278 tion has not been filed for temporary rights of TRY-ME TRANSFER & STOR­ and 231 and junction Alabama Highway authority under section 210a(b). AGE COMPANY, 1018-22 Second Ave­ 67 and U.S. Highway 31 at or Decatur, No. MC-F-11307. Authority sought for nue, Huntington, WV 25700, and for ac­ Ala., between Oxford, Ala., and Gadsden, continuance in control by DONALD J. quisition by Cletus E. Houff, also of Wey­ Ala., between Piedmont, Ala., and Ox­ SCHNEIDER, 817 McDonald Street, ers Cave, Va. 24486, of control of such ford, Ala.; between Atlanta, Ga., and Green Bay, WI 54306, of TRANS­ rights through the purchase. Applicants

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 NOTICES 18495 attorney and representative: Harold G. NY, INC., 1713 Patrick Henry Avenue ginia, on the one hand, and, on the Hemly, Jr., 2030 North Adams Street, Northeast, Roanoke, VA 24016, and for other, points in West Virginia, those in Arlington, VA 22201 and A. Michael acquisition by GEORGE V. THIEROFF, that part of Virginia on and south Perry, Box 2185, Huntington, WV. Oper­ GEORGE E. THIEROFF, and ROBERT of U.S. Highway 60, on and west ating rights sought to be transferred: W. MENDENHALL, all of Wheeling, W. of U.S. Highway 29, and certain speci­ General commodities, except those of un­ Va., of control of such rights and certain fied points in Kentucky; and electric usual value, and except dangerous ex­ property through the purchase. Appli­ controllers and instruments, requiring plosives, household goods (when trans­ cants’ attorney and representative: Paul special equipment or special handling ported as a separate and distinct service M. Daniell, Post Office Box 872, Atlanta, by reason of size or weight, and parts in connection with so-called “household GA 30301 and William J. Lemon, Boxley and attachments therefor, when moving movings”), commodities in bulk, com­ Building, Roanoke, Va. 24005. Operating in connection therewith, from points in modities requiring special equipment, and rights sought to be transferred: Com­ Roanoke County, Va., to points in the those injurious or contaminating to other modities, the transportation of which United States (except Alaska, Hawaii, lading, as a common carrier over irreg­ because of size or weight require special Virginia, North Carolina, South Carolina, ular routes, between points in Cabell handling or the use of special equipment Georgia, Washington, Oregon, Califor­ County, W. Va., Boyd and Greenup Coun­ (except knitting machines), and related nia, Montana, Idaho, Utah, Nevada, and ties, Ky., and Lawrence, Gallia, and contractors’ materials, supplies, and Florida), with restriction. Vendee is au­ Scioto Counties, Ohio. Vendee is au­ equipment when the transportation thorized to operate as a common car­ thorized to operate as a common carrier thereof is incidental to the transporta­ rier in West Virginia, Pennsylvania, in Pennsylvania, Maryland, Virginia, tion by said carrier of commodities which Ohio, Alabama, North Carolina, South West Virginia, New York, Alabama, by reason of size or weight require spe­ Carolina, Georgia, Illinois, Indiana, Iowa, Georgia, Florida, Kentucky, Louisiana, cial handling or special equipment, as Kentucky, Louisiana, Maine, Maryland, Illinois, Indiana, New Jersey, North a common carrier over irregular- routes, Massachusetts, Michigan, Vermont, New Carolina, Ohio, South Carolina, Tennes­ between certain specified points in Vir­ ^Hampshire, Connecticut, Rhode Island, see, Delaware, and the District of ginia, and between points in Virginia, on New York, New Jersey, Delaware, Missis­ Columbia. Application has been filed for the one hand, and, on the other, points sippi, Wisconsin, Minnesota, Missouri, temporary authority under section in North Carolina, Tennessee, Kentucky, Arkansas, and the District of Colum­ 210a(b). South Carolina, and in that part of West bia. Application has been filed for tem­ Virginia on and south of U.S. High­ porary authority under section 210a(b). No. MC—F-11310. Authority sought for way 60; commodities, the transportation purchase by TOWER LINES, INC., Post of which because of their size or weight By the Commission. Office Box 6010, Wheeling, WV 26003, require special handling or the use of [ seal] R obert L. Oswald, of the operating rights and certain prop­ special equipment, between certain Secretary. erty of DRAPER TRUCKING COMPA­ specified points in West Virginia, Vir­ [PR Doc.71-13573 Piled 9-14-71:8:49 am]

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 No. 179—Pt. I- •7 18496 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— SEPTEMBER 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 September.

3 CFR Page 7 CFR— Continued **«? 14 CFR—Continued Page P roclamations : P r o p o s e d R u l e s —Continued P roposed R ules— Continued 4077 ______17557 948______18002 202______18111 4078 ______17559 966______18095, 18212 207 ______17655 4079 ______18453 993______17579 208 ______17655 E xecutive Orders: 999______18323 212______17655 10713 (amended by E O 11618)- 18365 1001 ______17580 214______17655 11010 (see EO 11618)____ —— 18365 1002 ___ 17580 372______17655 11263 (see EO 11618)------— 18365 1004______17580 1241______;______18221 11395 (see EO 11618)______18365 1007______18413 11615 (amended by EO 11617). 17813 1015______17580, 17586 15 CFR 11617 ______17813 1068______18474 P roposed R u les: 11618 ______18365 1133______17588 1421______18323, 18473 7______18095 5 CFR 1464______17874, 18473 16 CFR 213______17483, 8 CFR 13______17982-17995 17484, 17561, 17815, 17816, 17979, 252______18078 18455 214— ______18300, 18460 294______18455 17 CFR 9 CFR 550______17816 P roposed R ules : 76______17844, 18461 1______18000 7 CFR 42_^ ______18455 _10 CFR 18 CFR 2 1 0 ______- ______18173 2______18173 17576,18373 3 0 1 ______——------1 8367 50______18071, 18301 3 5 4 ______- ______1 7484 70______17573 P roposed R u l e s : 7 0 1 ______1 8289 140______17979 2______18221 7 1 8 ______17485 170______18173 154______18323 7 7 5 1 — ______- — 17643 157______18323 7 9 2 ______17561 12 CFR 260______17665 601______18477 8 3 1 ____ 1 8 2 9 8 265______18373 9 0 5 ______18371, 18372 524______17564 908_ — 17563, 18059 545______17564, 17980 19 CFR 9 1 0 ____ 17485, 17816, 17979, 18299, 18459 1______18304 9 3 1 ______1 8059 P roposed R u l e s : 9 4 5 ______1 7816 9______18082 P roposed R u l e s : 9 4 8 ______1 8299 222______17514, 18427 1______17579 9 5 8 ______- ______1 7817 19______18410 9 8 1 ______- ______1 8 3 7 2 13 CFR 24______17653 1 0 0 4 ______17491 121—______— ______17492 1 0 5 0 ______1 7492 21 CFR 1 0 7 9 ______- ______17817 P roposed R u l e s : 1 ______18377 1 1 0 6 ______1 ______- 17492 121:______17514 3 18377 1421______18300 12ÏI“ I ______18377 1 4 4 6 ______1 8060 14 CFR 130______- _____ 18378 1 8 0 2 ______1 7818 39______— ______17493, 132 ______18378 1 8 0 3 ______17832 133 ______18378 1 8 0 4 ______1 8062 17494, 17847-17849, 18190, 18301, 18302, 18373,18461,18462 135______18378 1814— ______18069 135a______— ______18078 1 8 6 3 ______- 17833 61—______17495 63______- ______17495 14lá______Î______11644 1 8 6 4 ______1 7 833 141c______l 7645 1 8 6 5 ______17840 71______17495, 144______18394 1 8 6 6 ______17841 17496, 17575, 17643, 17644, 17849, 146______18395 1 8 6 7 ______17843 18076, 18077, 18191-18193, 18302, 18303, 18463 146a______.______17644,18395 P roposed R u l e s : 73______18193 146c______—— I*7645 101______17579 75______17849 191______I7645 271 ______13213 91______17495,18304 420____ 17646, 18078-18080,18174, 18175 272 ______18213 97______17575,18193 722______18322, 18412 121______17495 P roposed R ules 724 ______18198 123______17495 3______18098 725 _ — 18000 127______17495 27______18098 726 ______18198 135______17495 31______18098 728 ______18322 208______17644 _____ 18098 729 ______17872 125______775______:______18322 P roposed R u l e s : 146a______17653 906______18001 39— ______17512, 18476 146e______17653 910______17579 71______17513, 295______17512, 18012 927______18473 17588, 17589, 17653-17655, 17876, 929______17875, 18413 18109,18110, 18214,18476 932______18085 73______17876 22 CFR 41______17496 946. 17875 135______18425 FEDERAL REGISTER 18497

24 CFR Page 32A CFR— Continued Page 45 CFR Page 4______- ______17496 OEP (C h .I)—Continued P roposed R u l e s : 241______- ______17506 Circ. 9______17861 116—______— 18500 1909 _____ 18176 Circ. 10______17998 252______— ____18106 1910 ___ —______18179 Circ. 11______— ______18314 1911 ______18182 Circ. 12______18471 46 CFR 1912 ______r . i ______18184 P roposed R u l e s : 1913 ______18185 P roposed R u l e s : Ch. X ______•___ 18084 1914 ______17647, 18185, 18463 503______— 18214 1915—____ —______17648,18186, 18464 33 CFR 510______18214 26 CFR 117______17854,17855 543______18214 P roposed R u l e s : 208 ______17996 209 ______17855 47 CFR 1______17863, 18012, 18214, 18316 13— ______18012,18214 2 ______1 8 307 35 CFR 6 3 ____ .1______18307 28 CFR 5______17509 7 3 ______1 8 3 0 8 8 9 ______1 8 0 8 0 21______17506 37 CFR 9 1 ______1 8080 51______18186 9 3 — :______1 8080 201____ !______18280 P roposed R u l e s : P roposed R u l e s : 29 CFR 2______18002 1______17589 15______17589 1903______17850 38 CFR 1910 ___ x__ 18080 1911 ______17506 6— ______17855 4 9 CFR P roposed R u l e s : 8 _. 17855 1 7 1 ______— ______17649, 1 8 4 6 8 21. 18304 12______18007 1 7 2 _ 1 8 4 6 8 36. 18195 1 7 3 ___ 1 8 4 6 8 3 0 CFR 1 7 4 ------1 8 4 6 8 39 CFR 1 7 7 ______1 8 4 6 8 Proposed R u l e s : 262______18465 1 7 8 ------1 8 4 6 8 400— _____ 17546 1 7 9 ------1 8 4 6 8 41 CFR 1 9 2 ______1 8 1 9 4 31 CFR 1-1______17509, 18397 C h . I H ______17845,18400 202______17995 5A-1-______17576 3 9 3 ------1 8400 203__ :______17996 5A-72______17856 3 9 5 ------1 8 4 0 0 5A-76______■______17576 3 9 7 ------1 8470 32 CFR 8-1______18174 5 7 1 ------18402 8-7------18174 6 0 1 ------18402 166______18464 1 0 3 3 ------18403 186______17996 8 - 16_____ 18174 9- 5------17576 1 1 0 4 ------1 8 3 0 9 199______17508 1 2 0 1 ------17847 1451 ______18395 14-1------18305 1452 ______18395 14-2— ______18305 P roposed R u l e s : 1453 ______18395 14-3------1 ____ 18305 3 9 1 ------1 8426 1459 ______18395 14-7------—______18306 3 9 3 — ------1 7 5 1 3 , 1 8 4 2 6 1460 ______18395 14-30______18306 1 0 4 8 ------1 7514 1461 ______18396 50-250______18398 1466______18396 101-19______17648 5 0 CFR 1472______18396 114-26___ :______17996 1474 ______18396 114-47______17509 1 0 ------17565, 17857 1475 ______18396 2 5 ------1 7997 1476 ______18397 42 CFR 2 6 ------1 7 9 9 8 1477 ______18397 37______17577 2 8 ------1 7 8 5 8 1498______18397 59______18465 2 9 ------1 7998 1710— _____ 18174 59a______18306 3 1 ------1 7998 3 2 - i75io, P roposed R u l e s : 3 2 A CFR 17569-17572, 17650, 17651, 17858- 466______17514 OEP (Ch. I ) : 17861, 18195-18197, 18313, 18314, 18404,18470, 18471 ES Reg. 1— 17651 43 CFR 3 3 ------17572, 17998 Circ. 6_____ 17510 Circ. 7_____ 17577 P ublic L and Order: P roposed R u l e s : Circ. 8_____ 17651 5107______18470 3 2 _ _ ------1 8473

LIST OF FEDERAL REGISTER PAGES AND DATES— SEPTEMBER

Pages Date Pages Date 17477-17549______Sept. 1 18053-18165______Sept. 9 17551-17636______2 18167-18281______10 17637-17805______3 18283-18357______11 17807-17972______4 18359-18446______14 17973-18051______8 18447-18502______15

WEDNESDAY, SEPTEMBER 15, 1971 WASHINGTON, D.C.

Volume 36 ■ Number 179

PART II

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Office of Education

Financial Assistance to Meet Special Educational Needs of Educationally Deprived Children

Notice of Proposed Rule Making 18500 PROPOSED RULE MAKING

effort index for such second preceding ures; the availability of funds from DEPARTMENT OF HEALTH, fiscal year. The maximum amount of the other sources for programs for educa­ grant to an eligible State under such part tionally deprived children; and local B shall be equal to $1 for each 0.01 per­ fiscal effort. EDUCATION, AND WELFARE cent by which its effort index for the (d) Incentive grant funds shall be Office of Education second preceding fiscal year exceeded the made available only to those local edu­ national effort index for that year multi­ cational agencies whose fiscal effort [45 CFR Part 116 1 plied by the total number of children with regard to public elementary and FINANCIAL ASSISTANCE TO MEET counted for the purpose of computing secondary education is at least equal to SPECIAL EDUCATIONAL NEEDS OF entitlements of local educational agen­ the average fiscal effort in that regard cies within such State (including State by local educational agencies in that EDUCATIONALLY DEPRIVED CHIL­ agencies directly responsible for provid­ State, as determined by the State edu­ DREN ing free public education for handi­ cational agency. Incentive grant funds Criteria for Special Grants capped children, for children in institu­ shall be made available to a limited tions for neglected or delinquent chil­ number of local educational agencies Pursuant to the authority contained dren and of State educational agencies for specific projects which the State in section 113, 84 Stat. 126-129,20 U.S.C. for programs for migratory children of educational agency deems to be innova­ 241d, notice is hereby given that the migratory agricultural workers under tive or which show special promise of Commissioner of Education, with the ap­ part A of title I of the Act for the current substantial success through the modi­ proval of the Secretary of Health, Edu­ fiscal year. Ratable reductions of such fication or revision of existing title I cation, and Welfare, proposes to amend maximum amounts shall be made in ac­ programs; which are of sufficient size, Part 116 of Title 45 of the Code of Fed­ cordance with § 116.9(e). No State, how­ scope, and quality as required by eral Regulations by revising § 116.8 (45 ever, shall be entitled to more than 15 § 116.18; which include performance CFR 116.8), by adding a new paragraph percent of the total amount made avail­ criteria to be used in connection with (e) to § 116.9 (45 CFR 116.9(e)), by add­ able for said part B. the evaluation of such projects; and ing a new § 116.10 (45 CFR 116.10), and (b) For the purpose of this section, which otherwise meet the requirements by revising paragraph (d) of § 116.17 “effort index” means the ratio of ex­ for projects under part A of said title I. (45 CFR 116.17(d)), which would read penditures from all non-Federal sources (e) The availability of special incen­ as set forth below. in a State for public elementary and tive grants to a State will not affect the The proposed amendments and addi­ secondary education to the total personal amount to be paid to a State educational tions would establish criteria for special income in that State, expressed to the agency for administration and technical incentive grants under part B of title I nearest hundredth of 1 percent. The assistance to local educational agencies of the Elementary and Secondary Edu­ term “national effort index” means the as provided in § 116.22. cation Act of 1965 (79 Stat. 27, as ratio of such expenditures to the total (20 U.S.C. 241d, 24M-1, 241d-2) amended, 20 U.S.C. 241d et seq.) and personal income in the 50 States of the for special grants for urban and rural 2. In § 116.9, new paragraph (e) is Union and the District of Columbia. added to read as follows: schools serving areas with the highest Funds from non-Federal sources include concentrations of children from low-in­ funds derived from title I of Public Law § 116.9 Ratable reductions and reallot- come families, under Part C of that title 81-874, and other Federal funds, for the ments. (20 U.S.C. 241d-ll et seq.). The revised expenditure of which there is no ac­ ***** § 116.17(d) would modify existing regu­ countability to the Federal Government. (e) If the sums appropriated for any lations concerning the eligibility of (c) An incentive grant under this sec­ fiscal year ending prior to July 1, 1972, school attendance areas and of whole tion will be made to a State upon appli­ for making the payments provided in school districts for title I programs and cation therefor by the State educational title I of the Act exceed $1,396,975,000 projects. agency to the Commissioner submitted but are not sufficient to pay in full the Interested persons who wish to submit not more than 30 days after the date on total amounts which all local and State comments, suggestions, or objections per­ which the Commissioner notifies the educational agencies are eligible to re­ taining thereto may present their views State educational agency of the State’s ceive under said title I for such year, the in writing to the U.S. Commissioner of eligibility for such grant and the amount excess of such items above $1,396,975,000 Education, Department of Health, Edu­ thereof, or by the end of the fiscal year, will be allocated in accordance with this cation, and Welfare, 400 Maryland Ave­ whichever occurs earlier. Such an ap­ paragraph. Such excess will be allocated nue, SW., Washington, DC 20202, within plication shall include information con­ ratably toward: (1) the amounts which 30 days from the date of publication in cerning the policies and procedures to be local educational agencies are eligible to the F ederal R egister. Comments may be used in selecting the local educational receive pursuant to section 103(a) (2) of Inspected in Room 2089 of the above agencies which will receive incentive such title and which will not be paid by address between 8 a.m.-4:30 p m. grant funds and the amounts of such allocation of such $1,396,975,000; (2) the Dated: June 9, 1971. assistance. Such information shall be amounts which State educational agen­ presented in detail sufficient to assure cies are eligible to receive under part B S. P. Marland, Jr., the Commissioner that incentive grant of title I; (3) the amounts which local U.S. Commissioner of Education. funds will be made available to local educational agencies are eligible to re­ Approved: September 7,1971. educational agencies with the greatest ceive under part C of such title (except need for assistance and in amounts cor­ that the allocation with respect to such E lliot L. R ichardson, responding to their respective needs. amounts under part C may not exceed 15 Secretary of Health, Such policies and procedures shall take percent of such excess) ; and (4) the Education, and Welfare. into account factors appropriate for additional amounts which State educa­ 1. Section 116.8 is revised to read asthose purposes, such as the amounts tional agencies are eligible to receive for available to local educational agencies follows: administration and technical assistance under parts A and C of said title I; the § 116.8 Special incentive grants. number and percentage of children not in excess of 1 percent of the sums (a) Any State of the Union (includingfrom low-income families in the several allocated under subparagraphs (1) and the District of Columbia) shall be en­ school districts; the number and per­ (3) of this paragraph, but only to the titled to receive a grant under part B of centage of such children not otherwise extent that such sums would result in title I of the Act if, for the second fiscal being served under said title I; any sud­ increases in allocations for administra­ year preceding the fiscal year for which den influx in the number of such chil­ tion and technical assistance above the such grant is available, that State had an dren drop-out rates; the incidence and applicable minimum specified in effort index (as defined in paragraph (b) severity of special educational needs as of this section) exceeding the national indicated by test scores or other meas­ § 116.33(c).

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 PROPOSED RULE MAKING 18501

3. A new § 116.10 is added to read asmeet the special educational needs of paragraph (e) of this section in second­ follows: educationally deprived children in its ary schools which preschool programs or school district, and accompanies such elementary or secondary schools serve § 116.10 Additional grants for local ed­ ucational agencies in urban and certificate with a statement of the cri­ school attendance areas having the high­ rural areas having the highest con­ teria upon which it is based, including est concentrations of children from low- centrations of children from low- such factors as (i) the presence in the income families in the school district of income families. school district of substantial numbers of that agency. A school attendance area educationally deprived children who may be designated as having such a con­ (a) A local educational agency which have recently taken residence in the dis­ centration (1) if the estimated percent­ is eligible for a basic grant for a fiscal trict, and (ii) the exertion by such age of children from low-income families year the maximum amount of which is agency of a local fiscal effort in rela­ residing in that attendance area is higher determined pursuant to section 103(a) tion to local revenue sources which is than the average percentage of such (2) of title I of the Act and § 116.3 shall exceptional when compared with the children residing in the several school be eligible for an additional grant under local fiscal efforts of other local educa­ attendance areas which are eligible to section 131(a)(1) of that title for that tional agencies in the State. The maxi­ be designated as project areas under fiscal year if, mum amount of an additional grant for § 116.17(d) or (2) if the estimated num­ (1) The total number of children de­ which a local educational agency is eligi­ ber of children from low-income families scribed in subparagraphs (1), (2), (3), ble under this paragraph for a fiscal year residing in that attendance area is larger and (4) of § 116.3(a) determined (in ac­ shall not exceed 40 percent of the maxi­ than the average number of such chil­ cordance with paragraph (c) of this sec­ mum amount of the basic grant of such dren residing in the several school at­ tion) , to be in the school district of that agency for that year determined under tendance areas in the district which are agency (hereinafter “title I formula chil­ § 116.3. The total amount available for eligible to be designated as project areas dren”) for that fiscal year is at least 20 additional grants under this paragraph under § 116.17(d). percent of the total number of children, for a fiscal year, however, may not ex­ (20 U.S.C. 241d-12(a)) aged 5 to 17, determined to be residing ceed 5 percent of the amount available in that school district for that fiscal year, for additional grants under paragraph (e) Funds granted under this section or (a) of this section for that year. may be used for secondary school proj­ (2) The total number of title I formula (20 U.S.C. 241d-ll (a) (2), (b) (2)) ects if the applicant local educational children so determined to be in that agency and the State educational agency school district for that year is (i) at (c) For the purpose of determining jointly determine that the needs of the least 5,000 and (ii) 5 percent of the total the eligibility of a local educational local educational agency for a program number of children, aged 5 to 17, deter­ agency for an additional grant under for secondary schoolchildren are more mined to be residing in that school dis­ paragraph (a) or (b) of this section, in urgent than the needs in the area for trict for that fiscal year. Subject to the the absence of more satisfactory data preschoolcluldren or elementary school- last sentence of this paragraph, the maxi­ for determining the number of children children, as indicated by such factors as mum amount of an additional grant for described in § 116.3(a) with respect to (1) the availability of other funds for which a local educational agency is eligi­ such agency, that number may be com­ preschool and elementary school pro­ ble under this paragraph for a fiscal year puted by dividing (1) the maximum grams, (2) exceptionally high dropout shall be 40 percent of the maximum basic grant under part A of title I of rates in the secondary schools, (3) the amount of the basic grant of that agency the Act for which the agency was deter­ availability of employment opportunities for that year determined under § 116.3 mined to be eligible under § 116.4 (relat­ for which educationally deprived second­ (a). If the aggregate amount of the ing to the allocation of county aggregate ary schoolchildren could be trained, and maximum additional grants for which maximum grants by State educational (4) a special need for programs for de­ all local educational agencies are eligible agencies) for the fiscal year preceding linquent and delinquent-prone children under this paragraph for a fiscal year the fiscal year for which the determina­ of secondary school age. The State edu­ exceeds 15 percent of the difference be­ tion under paragraph (a) or (b) of this cational agency shall not, however, ap­ tween (a) $1,396,975,000 and (b) the section is to be made, by (2) the Federal prove such a program unless the local total amount of the maximum grants for percentage of the per pupil expenditure which all State and local educational educational agency further demon­ applicable to the determination of such strates, by the objectives and methods agencies are eligible under title I of the basic grant. In making determinations set forth in its proposal, that a secondary Act for that year, the maximum amount under this section (including determina­ of such additional grant of each local school program is likely to be at least as tions with respect to the total number effective in achieving the purposes of title educational agency under this paragraph of children in the school district of a shall be ratably reduced until such aggre­ I of the Act as would a program for pre­ local educational agency for a fiscal year school or elementary schoolchildren in gate constitutes 15 percent of such and determinations of maximum basic the same area, difference. grants for the purposes of the preceding (20 U.S.C. 241d—12(d )) (20 U.S.C. 2 4 1 d -ll(a )(1), (b )(1 )) sentence), the Commissioner is author­ ized to use the most recent satisfactory (f) Unless already contained in the ap­ (b) A local educational agency de­ plication of a local educational agency scribed in paragraph (a) of this section, data made available to him by the ap­ propriate State educational agency. The for a basic grant under part A of title I which is not eligible for an • additional of the Act, the application of such agency grant under that paragraph by virtue submission of such data shall be ac­ companied by a certification of the ap­ for an additional grant under paragraph of computations in accordance with par­ (a) or

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971 18502 PROPOSED RULE MAKING the Act, are likely to be sufficiently effec­ aged 5 to 17, in the school district shall, such children residing in each of the tive in meeting such needs to result in in the case of overlapping school districts several school attendance areas in the measurably improving the educational as referred to in § 116.6, be deemed to be school district. If a combination of such achievement of such children, taking children in the school district of the local methods is used, the number of project into account such factors as the type, educational agency serving the lowest areas may not exceed the number of such intensity, and variety of services to be grades. areas that could be designated if only one offered; (20 U.S.C. 241d—11, 241d-12) such method had been used. Except upon (2) Provisions setting forth the spe­ specific request to and approval by the cific objectives of such plan; (i) For the purpose of this section theState educational agency based on an term “State” means the 50 States and assessment of particular educational (3) The procedures and performance the District of Columbia. criteria, including objective measure­ needs, a local educational agency shall ments of educational achievement, that (20 U.S.C. 2 4 1 d -ll(c)) not designate an attendance area as a will be used to evaluate, at least annu­ 4. In § 116.17, paragraph (d) is project area unless all attendance areas ally, the extent to which the objectives amended to read as follows: • with a higher percentage or number of of the plan have been met. children (depending on the method used § 116.17 Project covered by an appli­ (20 U.S.C. 241e(a) (13)) to determine the eligibility of the school cation. attendance area) have been so desig­ (g) An application for an additional * * * * * nated. In no event, however, shall the grant under this section shall, in addi­ (d) A school attendance area forState educational agjncy approve such a tion to meeting the requirements of this either a public elementary school or a request without first determining (in ac­ section, be subject to all applicable re­ public secondary school may be desig­ cordance with the procedures in § 116.26) quirements in subpart C with respect to nated as a project area if it has, on a that the services provided with State and applications for grants under title I of percentage or numerical basis, a high local funds in any area with a higher per­ the Act by a local educational agency concentration of children from low- centage or number of children but not (other than a State agency directly re­ income families. On a percentage basis designated for a project are comparable sponsible for providing free public edu­ such an area is one in which the percent­ to the services provided in other areas cation for handicapped children or for age of children from low-income families not designated for projects. If there is no children institutions for neglected or de­ is at least as high as the percentage of wide variance in the concentrations of linquent children). No such application such children residing in the whole of such children among the several school may be approved by a State educational the school district. In addition, upon attendance areas in the school district, agency unless such agency makes the de­ specific request by the local educational the whole of a school district may be terminations required by subdivisions agency the State educational agency may regarded as a project area. Such a deter­ (i) and (ii) of paragraph (f) (1) of this approve the designation as project areas mination may be made only if the varia­ section in addition to such other deter­ of attendance areas in which, on the tion between the areas with highest and minations as may be required under this basis of current data, at least 30 percent part. lowest concentrations of such children is of the children are from low-income significantly less than the average varia­ (20 U.S.C. 241d-12(f)) families. On a numerical basis such an tion between suchr areas in the several (h) For purposes of this section the area is one in which the estimated num­ number of children counted for purposes ber of children from low-income families school districts in the State. of computing eligibility under title I of residing in that attendance area is at (20 U.S.C. 241(a) (l)) the Act and the total number of children, least as large as the average number of [FR Doc.71-13385 Filed 9-14-71;8:'45 am]

FEDERAL REGISTER, VOL. 36, NO. 179— WEDNESDAY, SEPTEMBER 15, 1971