FEDERAL REGISTER VOLUME 35 NUMBER 149 Saturday, August 1,1970 • Washington, D.C. Pages 12311-12379
Agencies in this issue— The President Agriculture Department Civil Service Commission Coast Guard Commerce Department Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Defense Department Equal Employment Opportunity Commission Federal Aviation Administration Federal Communications Commission / Federal Maritime Commission Federal Power Commission Federal Register Administrative Committee Federal Reserve System Food and Drug Administration Housing and Urban Development Department Internal Revenue Service Justice Department Mine Operations Appeals Board National Transportation Safety Board Renegotiation Board Securities and Exchange Commission Small Business Administration Social Security Administration Social and Rehabilitation Service Transportation Department Treasury Department Veterans Administration Detailed list of Contents appears inside. Volume 82 UNITED STATES STATUTES AT LARGE
[90th Cong., 2d Sess.l
Contains laws and concurrent resolu laws affected, a numerical listing of tions enacted by the Congress during bills enacted into public and private 1968, reorganization plans, and Presi dential proclamations. Also included law, and a guide to the legislative his are: a subject index, tables of prior tory of bills enacted into public law.
Price: $16.25
Published 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 dally, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National federaCw register Archives and Records Service, General Services Administration, Washington, D.C. 20408, Area Code 202 \ ¿0*^ Phone 962-8626 * (Muted ^ 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 Register 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 op Federal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op F ederal 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 Register or the Code op F ederal R egulations. Contents
EQUAL EMPLOYMENT Notices THE PRESIDENT OPPORTUNITY COMMISSION Hearings, etc.: Britain, B. M., et al______12366 EXECUTIVE ORDER Rules and Regulations Cities Service Gas Co______12368 Amending Executive Order No. Guidelines on employee selection Cities Service Gas Co., and Mo 11248, placing certain positions procedures ______12333 bil Oil Corp______12368 in Levels IV and V of the Fed Consolidated Water Power Co. (2 eral Executive Salary Schedule. 12315 FEDERAL AVIATION documents)______12369, 12370 Georgia Power Co______12368 EXECUTIVE AGENCIES ADMINISTRATION Gulf Oil Corp., and Atlantic Rules and Regulations Richfield Co______12369 Idaho Power Co______12370 AGRICULTURE DEPARTMENT Airworthiness directives: International Paper Co______12370 British Aircraft Corp. Viscount Lawrenceburg Gas Transmis See also Commodity Credit Cor Model airplanes______13326 sion Corp______:______12370 poration; Consumer and Mar Hartzell propellers______12325, Livingston Oil Co., and Harry C. keting Service. Woodward Turbo propeller gov Boggs ______12371 Rules and Regulations ernors ______.______12325 Marathon Oil Co., et al______12371 Certification of airmen other than Monongahela Power Co______12371 Equal opportunity in employment- 12338 flight crewmembers; establish NI-Gas Supply, Inc______12372 ment of facility______12326 Natural Gas Pipeline Company CIVIL SERVICE COMMISSION Federal airway segments; altera of America______12372 Rules and Regulations tion ______12327 Nekoosa-Edwards Paper Co___ 12373 Post Office Department; excepted Restricted area; alteration_____ 12328 New England Power Co. (2 doc Standard instrument approach uments) ______12373 service ______- _-___ —----- 12341 p ro c ed u re s ; miscellaneous Placid Oil Co., and Hunt Oil Co_ 12373 amendments____.______12328 Public Service Company of New COAST GUARD Transition areas: Hampshire (2 documents)__ 12373 Notices A lteration______12328 St. Regis Paper Co______12374 Boston Harbor; security zone----- 12360 Designation______12328 Sun Oil Co., et al. (2 docu ments) ______12374 Proposed Rule Making Texaco Inc., and Marathon Oil COMMERCE DEPARTMENT Transition areas: C o ______12374 Notices Proposed alteration______12349 Transcontinental Gas Pipe Line Assistant Secretary for Science Proposed alteration, revocation C o rp ------12374 and Technology; delegation of and designation______12349 Western Massachusetts Electric authority______12360 Proposed designation______12348 C o ------12374 Transition areas and additional Westmore Drilling Co., Inc., control area; proposed desig et al______12368 COMMODITY CREDIT nation, alteration and revoca Wisconsin Public Service Corp. CORPORATION tion ______12349 (2 documents)______12375 Notices York Haven Power Co______12375 FEDERAL COMMUNICATIONS Bylaws of Corporation------12354 COMMISSION FEDERAL REGISTER CONSUMER AND MARKETING Notices ADMINISTRATIVE SERVICE Canadian broadcast stations; COMMITTEE notification list______12365 CFR checklist______*____12317 Rules and Regulations Hearings, etc.: Dried primes produced in Cali Meyer Broadcasting Co., and FEDERAL RESERVE SYSTEM fornia; diversion______12323 H a rrisco p e Broadcasting Grain standards ; general require Corp ------12361 Notices ments for official certificates__ 12321 Radio Antilles, Inc., and Zaba, United Jersey Banks; order ap Lemons grown in California and„ Radio Corp______12363 proving action to become a bank Arizona; miscellaneous amend United Television Co., Inc. holding company______,_ 12375 ments and handling (2 docu (WEAN-TV) et al______12364 ments) ______12322 FOOD AND DRUG Proposed Rule Making FEDERAL MARITIME ADMINISTRATION Olives grown in California; han COMMISSION dling ------12345 Rules and Regulations Notices Drugs used in animal feeds; di- CUSTOMS BUREAU DeMay, A.J. & Co., Inc.; revocation chlorvos______12333 of license______12365 Food additives; lincomycin7 neo Notices Hamm, William L., et al.; agree mycin and methylprednisolone. 12332 Electron probe X-ray microana ment filed for approval______12365 Notices lyzer; tariff classification-j.___ 12351 Certain drugs; drug efficacy study FEDERAL POWER COMMISSION implementation__ ___ 12356 DEFENSE DEPARTMENT Rules and Regulations Geigy Chemical Corp.; petition for Notices food additives______12360 Rate schedules and tariffs; sus Insecticide; tolerance______12360 Assistant Secretary of Defense; pended rate changes and interest delegation of authority______12351 onrefunds______12329 (Continued on next page) 12313 12314 CONTENTS
HEALTH, EDUCATION, AND MINE OPERATIONS APPEALS SOCIAL SECURITY WELFARE DEPARTMENT BOARD ADMINISTRATION See Pood and Drug Administra Rules and Regulations Rules and Regulations tion; Social and Rehabilitation Mine health and safety; appeals. 12336 Federal health insurance for the Service; Social Security Admin aged; miscellaneous amend istration. NATIONAL TRANSPORTATION ments ------12330 SAFETY BOARD Proposed Rule Making HOUSING AND URBAN Notices ’ . Federal health insurance for the DEVELOPMENT DEPARTMENT Chartered bus crash on U.S. Route aged; inpatient routine nursing Notices 22; investigation______,____ 12361 salary cost differential______12346 Acting Federal Insurance Admin RENEGOTIATION BOARD SOCIAL AND REHABILITATION istrator; designation______12360 Rules and Regulations SERVICE INTERIOR DEPARTMENT Consolidated renegotiation______12338 Proposed Rule Making Reasonable charges______12346 See Mine Operations Appeals SECURITIES AND EXCHANGE Board. COMMISSION TRANSPORTATION DEPARTMENT Notices See also Coast Guard; Federal INTERNAL REVENUE SERVICE Aviation Administration; Na Hearings, etc.: Proposed Rule Making tional Transportation Safety Mutual Life Insurance Company Board. of New York and Mony Varia Extension of withholding to sup Rules and Regulations plemental unemployment com ble Account A______12376 State Street Investment Corp Standard time zone boundaries__ 12317 pensation benefits; correction__ 12343 (2 documents)______12377, 12378 Filing requirements for individ TREASURY DEPARTMENT uals ______12343 SMALL BUSINESS See also Customs Bureau; Internal Interest and penalties in case of ADMINISTRATION Revenue Service. certain taxable years______12342 Notices Notices Metropolitan Capital Corp.; appli Certain Treasury notes; offering JUSTICE DEPARTMENT cation for license as small busi of notes (3 documents)_ 12351-12353 Notices ness investment company____ 12378 Rutgers Minority Investment Co. ; VETERANS ADMINISTRATION Voting Rights Act of 1965; de application for license as mi Rules and Regulations termination regarding literacy nority enterprise small business Miscellaneous amendments to tests ______12354 investment company______12379 chapter ______12340
List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1,1970, and specifies how they are affected.
3 CFR 18 CFR 29 CFR Executive Order: 154. 12329 1607. 12333 11248 (amended by EO 11550)-----12315 11550______12315 20 CFR 30 CFR 405™:____-...... 12330 300_____ 12336 5 CFR P roposed R ules: 302_____ 12337 213______- ...... 12311 405...... 12346 32 CFR 7 CFR 21 CFR 26______- ______12321 1499____ 12338 910 (2 documents)______12322 121____ 12332 135d______12332 41 CFR 993______- __ 12323 135e______12333 P roposed R ules: 135g (2 documents)______12332, 12333 4-12____ 12338 932______12345 8-2_____ 12340 8 -6 _____ 12340 26 CFR 14 CFR P roposed R ules: 45 CFR 39 (3 documents). 12325,12326 1 (3 documents)______12342,12343 65______12326 31__...... 12343 P roposed R ules: 71 (4 documents). 12327,12328 301____ 12343 12346 73______12328 250...... -____ 97______12328 P roposed R ules: 49 CFR 71 (4 documents) 12348,12349 71______12317 Presidential Documents
Title 3— THE PRESIDENT Executive Order 11550 AMENDING EXECUTIVE ORDER NO. 11248, PLACING CERTAIN POSI TIONS IN LEVELS IV AND V OF THE FEDERAL EXECUTIVE SALARY SCHEDULE By virtue of the authority vested in me by section 5317 of title 5 of the United States Code, as amended, section 2 of Executive Order No. 11248 1 of October 10, 1965, as amended, placing certain positions in level V of the Federal Executive Salary Schedule, is further amended by deleting “ (16) Chief, Children’s Bureau, Social and Rehabilitation Service, Department of Health, Education, and Wel fare”, and inserting in lieu thereof the following: (16) Counselor to the Department of Health, Education, and Welfare.
T he W hite H ouse, July 30, 1970. [F.R. Doc. 70-10109; Filed, July 30, 1970; 5:05 p.m.]
130 F.R. 12999 ; 3 CFR, 1964-1965 Comp., p. 3.
FEDERAL REGISTER, V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 — 12317 Rules and Regulations
Price Price Title 1— GENERAL PROVISIONS 16 Parts: 42 ______1. 75 0- 149___ t______3. 00 43 Parts: Chapter I— Administrative Committee 150-end_éxè____ 2. 00 1-999 ______1.50 of the Federal Register 17 ______2. 75 1000-end______3.00 18 Parts: CFR CHECKLIST 44 .45 1- 149 ______2. 00 45 ______::______4. oo This checklist, arranged in order of 150-end______2. 00 46 Parts: titles, shows the issuance date and price 19 ______2. 50 1-65______$2.75 of current bound volumes of the Code of 20 ______3.75 66-145 ______2.75 Federal Regulations. The rate for sub 21 Parts: 146-149 ______3.75 scription service to all revised volumes 1- 119 _____ $1. 75 150-199 ______, 2. 50 issued as of January 1, 1970, is $175.00 120-129 ______1.75 200-end______v 3. 00 domestic, $50.00 additional for foreign 130-146e ______2. 75 47 Parts: mailing. The subscription price for re 147-end______1.50 0- 1 9 ______1.75 vised volumes to be issued as of Janu 22 ______1. 75 20-69 ______2.00 ary 1, 1971, will be $175 domestic, $45.00 23 ______.35 70-79 ______1.75 additional for foreign mailing. 24 ______2. 50 80-end ______2. 75 Order from Superintendent of Docu 25 ______1.75 48 [Reserved] ments, Government Printing Office, 26 Parts: 49 Parts: Washington, D.C. 20402. 1 (§§ 1.0-1—1.300) 3.00 1- 199______3.75 CFR unit (Rev. as of Jan. 1,1970) : 1 (§§ 1.301-1.400)_ 1. 00 200-999 ______1.50 1 (§§ 1.401-1.500) _ 1.50 1000-1199 ______1.25 Price 1 (§§ 1.501-1.640). 1.25 1200-1299 ______3.00 1 ______$1.00 1 (§§ 1.641-1.850)- 1.50 1300-end______1.00 2-3______1.75 1 (§§ 1.851-1.1200) 2. 00 50 ______„______1. 25 3 1936-1938 Compilation___ 6.00 1 (§ 1.1201-end)__ 3.25 General Index______1. 50 1938-1943 Compilation___ 9.00 2- 2 9 ______1.25 List or Sections Affected, 1949- 1943-1948 Compilation___ 7. 00 30-39 ______1.25 1963 (Compilation)______6. 75 1949-1953 Compilation___ 7.00 40-169 ______2. 50 1954-1958 Compilation___ 4. 00 170-299 ______3.50 1959-1963 Compilation___ 6.00 300-499 ______1.50 1964-1965 Compilation___ 3.75 500-599 ______1.75 Title 49— TRANSPORTATION 1966 Compilation— ____ 1.00 600-end______.65 "1967 Compilation______1.00 27 ______.45 Subtitle A— Office of the Secretary of 1968 Compilation______.75 28 ______.75 Transportation 1969 Compilation______1.00 29 Parts : [OST Docket No. 27; Amdt. 71-11] 4 ______.50 0- 499 ______1.50 5 ______1.50 500-899 ______3. 00 PART 71— STANDARD TIME ZONE 6 [Reserved] 900-end ______1. 25 BOUNDARIES 7 Parts: 30 ______;______1.50 The purpose of this amendment is to 0- 45 ______2. 75 31 ______1. 75 recodify Part 71 of Title 49 of the Code 46-51 ______1.75 32 Parts : of Federal Regulations—Standard Time 5 2 ______3.00 1- 8 ______3.25 Zone Boundaries. 53-209 ______3.00 9 -3 9 ______2.00 210-699 ______2. 50 Because of the cumulative effect of 40-399 ______2. 75 past time zone boundary relocations, each 700-749 ______2.00 400-589 ______- 2. 00 750-899 ______1.50 published as a separate amendment by 590-699 ______.75 the Department of Transportation or its 900-944 ______1.75 700-799 ______3.50 945-980 ______predecessor in this function, the Inter 1.00 800-1199 ______2. 00 state Commerce Commission, Part 71 is 981-999 ______1.00 1200-1599 ______1.50 1000-1029 ______recodified and republished as set forth 1.50 1600-end______1.00 below. This recodification contains sev 1030-1059 ______1.25 32A______1.25 1060-1089 ______1.25 33 Parts : eral editorial corrections and some addi 1090-1119 ______1.25 1- 199___ 2. 50 tional explanatory language, but no sub 1120-1199 ______1.50 200-end______1. 75 stantive changes have been made. 1200-1499 ______I 2.00 34 [Reserved] Since this is a recodification and does 1500-end____ 1.50 35 ______1. 75 8 __ not involve any substantive change, no 1.00 36 ______1. 25 tice and public procedure thereon are not 9 ___ 2. 00 37 —______.70 10 ______^ ------1.75 38 ______3.50 required and the revised part may be 11 [Reserved] 39 ______3.50 made effective in less than 30 days. 12 Parts: 40 [Reserved] In consideration of the foregoing, this 1- 299 ______2. 00 41 Chapters: recodification of Part 71 of Title 49 of 300-end FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12318 RULES AND REGULATIONS Sec. requirement. For these reasons, all times western boundary of Indiana to the 71.1 Limits defined; exceptions authorized (including the period of advanced time) north line of Gibson County; thence east for certain rail operating purposes in the United States, whether in an ex along the north lines of Gibson and Pike only. 71.2 Annual advancement of standard empted State or not, shall be cited as Counties to the east line of Pike County; time. “standard time” during the entire year. thence south along the east lines of Pike 71.3 Atlantic zone. (b) Section 3(b) of the Uniform Timeand Warrick Counties to the north line of 71.4 Eastern zone. Act of 1966 (15 U.S.C. 260a(b) ) provides Warrick County; thence east along the 71.5 Boundary line between eastern and that “it is the express intent of Con north lines of Warrick and Spencer central zones. gress * * * to supersede any and all Counties to the east line of Spencer 71.6 Central zone. laws of the States or political subdivi County; thence south along the east 71.7 Boundary line between central and line of Spencer County to the Indiana- mountain zones. sions thereof insofar as they may now 71.8. Mountain zone. or hereafter provide for advances in time Kentucky boundary. 71.9 Boundary line between mountain and or changeover dates different from those (c) Kentucky. From the junction of Pacific zones. specified in [section 3(a) of that Act]”, the east line of Spencer County, Ind., 71.10 Pacific zone. which are those specified in paragraph with the Indiana-Kentucky boundary 71.11 Yukon zone. (a) of this section. easterly along that boundary to the west 71.12 Alaska-Hawaii zone. line of Meade County, Ky.; thence south 71.13 Bering zone. § 71.3 Atlantic zone. easterly and southwesterly along the west Authority: The provisions of this Part 71 The first zonej the Atlantic standard lines of Meade and Hardin Counties to issued under secs. 1-4, 40 Stat. 450, as time zone, includes that part of the the southwest corner of Hardin County; amended, sec. 1, 41 Stat. 1446,* as amended, United States that is between 52*30' W. thence along the south lines of Hardin secs. 2-7, 80 Stat. 107-109, sec. 6(e)(5), 80 longitude and 67°30' W. longitude and and Larue Counties to the northwest Stat. 937, sec. 1, 84 Stat. 119; 15 XJ.S.C. 260- that part of the Commonwealth of Puerto corner of Taylor County; thence south 267, 49 U.S.C. 1655(e) (5). Rico that is west of 67*30' W. longitude, easterly along the west (southwest) line § 71.1 Limits defined; exceptions au but does not include any part of the of Taylor County and northeasterly along thorized for certain rail operating State of Maine. the east (southeast) line of Taylor purposes only. County to the west line of Casey County; § 71.4 Eastern zone. (a) This part prescribes the geo and thence southerly along the west and graphic limits of each of the eight stand The second zone, the eastern standard south lines of Casey, Pulaski, and Mc ard time zones established by section 1 of time zone, includes that part of the Creary Counties to the Kentucky-Ten the Standard Time Act, as amended by United States that is west of 67*30' W. nessee boundary. section 4 of the Uniform Time Act of longitude and east of the boundary line (d) Tennessee. From the junction of described in § 71.5, and includes all of the the west line of McCreary County, Ky., 1966 (15 U.S.C. 261). It also contains lists State of Maine, but does not include any with the Kentucky-Tennessee boundary of operating exceptions granted for part of the Commonwealth of Puerto westerly along that boundary to the west specified rail carriers, whose operations Rico. line of Scott County, Tenn. ; thence cross the time zone boundaries pre southerly along the west line of Scott scribed by this part, authorizing them to § 71.5 Boundary line between eastern County, the north and west lines of carry the standard of time on which the and central zones. Morgan County, and the north line of major portion of a particular operation (a) Minnesota - Michigan - Wisconsin. Roane County to the north line of Rhea is conducted into an adjoining time zone. From the junction of the western bound County; thence northwesterly along the (b) Any rail carrier whose operations ary of the State of Michigan with the north line of Rhea County; and thence cross a time zone boundary prescribed boundary between the United States and southwesterly along the west lines of by this part may apply for an operating Canada southerly and easterly along the Rhea and Hamilton Counties to the Ten exception to the General Counsel, De western boundary of the State of Michi nessee-Georgia boundary. partment of Transportation, Washing gan to a point in the middle of Lake (e) Georgia-Alabama. From the junc ton, D.C. 20590. However, each rail Michigan opposite the main channel of tion of the west line of Hamilton County, carrier for which an operating exception Green Bay; thence southerly along the Tenn., with the Tennessee-Georgia is granted shall, in its advertisements, western boundary of the State of Michi boundary westerly along that bound time cards, station bulletin boards, and gan to its junction with the southern ary to its junction with the Alabama- other publications, show arrival and boundary thereof and the northern Georgia boundary; thence southerly departure times in terms of the standard boundary of the State of Indiana. along that boundary and the Florida- time for the place concerned. (b) Indiana-Illinois. From the junc Georgia boundary to the southwest cor (c) The time zones established by the tion of the western boundary of the State ner of the State of Georgia. Standard Time Act, as amended by the of Michigan with the northern boundary (f) Florida. From the southwest cor Uniform Time Act of 1966, are Atlantic, of the State of Indiana easterly along ner of the State of Georgia to the mid eastern, central, mountain, Pacific, the northern boundary of the State of point of the Apalachicola River on the Yukon, Alaska-Hawaii, and Bering. Indiana to the east line of La Porte downstream side of Jim Woodruff Dam; § 71.2 Annual advancement of standard County; thence southerly along the east thence southerly along the middle of the time. line of La Porte County to the north line main channel of the Apalachicola River of Starke County; thence east along the (a) Section 3(a) of the Uniform Timenorth line of Starke County to the east and Apalachicola Bay to the Gulf of Act of 1966 (15 U.S.C. 260a(a)) requires line of Starke County; thence south Mexico. that “the standard time of each along the east line of Starke County to (g) Operating exceptions—(1) Lines zone * * * shall be advanced 1 hour the south line of Starke County; thence east of boundary excepted from eastern [during the period beginning at 2:00 west along the south line of Starke a.m. on the last Sunday in April of each zone. Those parts of the following lines County to the east line of Jasper County; of railroad located east of the zone year and ending at 2:00 a.m. on the last thence south along the east line of Sunday in October] * * * and such Jasper County to the south line of boundary described in this section, are, time as so advanced shall be the stand Jasper County; thence west along for operating purposes only, excepted ard time of such zone during such the south lines of Jasper and Newton from the eastern standard time zone and period.” The section further authorizes Counties to the western boundary of the included within the central standard any State to exempt itself from this State of Indiana; thence south along the time zone: FEDERAL REGISTER, V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 RULES AND REGULATIONS 12319 Railroad From— To— Railroad From— To— Railroad From— To— Baltimore & East line of La West yard limits Do...... East line of Jas Logansport, Seaboard Coast Georgia-Alabama Birmingham, Ohio. Porte County, of Oarrett, per County, Ind. Line. State line (west Ala. Ind. (west of Ind. Ind. (east of of Esom, Ga.). Walkerton, Remington, Do...... Georgia-Alabama Montgomery, Ind.). Ind.). State line (west Ala. Do______. . Illinois-Indiana West yard limits Do____ The intersection Sheff, Ind. of Omaha, Ga.). State line (west of Indianap- of the north Do...... - Georgia-Alabama Parkwood, Ala. of Dana, Ind.); oils, Ind. line of Benton State lino (near D o..______Illinois-Indiana Washington,-" County, Ind., Pyne, Ga.). State line (west Ind. and. Illinois- Do______Georgia-Alabama Abbeville, Elba, of Vincennes, Indiana State State line (west and Montgom- Ind.). line (northwest of Safiold, Ga.). ery, Ala. Chicago, Mil- Illinois-Indiana Seymour, Ind. of Sheff, Ind.). Tennessee, Georg ia-Alabama Gadsden, Ala. waukee, St; State line Do...... —. South line of Illinois-Indiana Alabama State line Paul & ~ (northwest of Newton Coun State line & Georgia. (southwest of Pacific. Dana, Ind.). ty, Ind. (north (northeast of Menlo, Ga.). Do...... - Michigan-Wiscon- Champion, of Sheff, Ind.). Danville, sin State line Ontonagon, 111.). (south of Iron and Iron Do...... - Illinois-Indiana Ringo Tower, r Effective only from 2 a.m. on the last Sunday in Mountain, River, Mich.i State line (west Ind. October to 2 a.m. on the last Sunday in April; exception Mich.). of St. Marys of (Terre Haute). unnecessary during the remainder of the year- because Chicago & Michigan-Wiscon- East lines of the Woods, during thaj. period Michigan time is not advanced and Northwestern. sin State line. Marquette and Ind.). therefore is thesameaseentralstandard time (advanced); Delta Coun D o ...... Illinois-Indiana Ringo Tower, ties, Mich.* State line, (east Ind. (Terre (3) Indiana and Ohio operations in Erie-Lacka- South line of Marion, Ohio, of Farrington, Haute). cluded in Michigan nonadvanced time. wanna. Starke County, 111.). Ind. (near Ora, Peoria & Eastern. Illinois-Indiana West yard limits Those parts of the following lines of Ind'.). State line (east of Indianapo railroad located east of the zone bound Grand Trunk East line of La Michigan-Indi- of Danville, lis, Ind. Westem. Porte County, ana State line 111.). ary described in this section, are, for Ind. (east of (near Granger, Soo Line...... Michigan-Wis- United States- operating purposes only, excepted from Mill Creek). Ind.). consin State Canada the eastern standard time zone to permit Do;...— ...... Michigan-Indiana Battle Creek, line. Boundary State line (near Mich.r (near Sault operations in accordance with Michigan Granger, Ind.). Ste. Marie, nonadvanced eastern standard time dur Illinois Central... Illinois-Indiana South yard Mich.) i State line (west limits of Southern...... East line of Pike Junction with ing the period from 2 a.m. on the last of Riverton, Indianapolis, County, Ind. Baltimore & Ind.). Ind. (west of Staple- Ohio near Sunday in April to 2 a.m. on the last Sun Do...... Hodgenville, ton, Ind.). Vincennes day in October : din County, Ky.,and south Street, New Ky. (west of yard limits of Albany, Ind. Summit, Ky.). Louisville, Railroad From— To — Ky. Louisville & West line of Strawberry, Ky. 1 Effective only from 2 a.m. on the last Sunday in Nashville. Meade County, October to 2 a.m. on the last Sunday in April; exception Chesapeake & Michigan-Ohio Alexis, Ohio. Ky. (west of unnecessary during the remainder of year because during Ohio. State line (north Guston, Ky.). that period Michigan time is not advanced and there of Alexis, Ohio). Do...... Lebannon Junc fore is the same as centred standard time (advanced). Detroit & Toledo Michigan-Ohio Toledo, Ohio; din County, tion, Ky. Shore Line. State line (north Ky. (south of * of Toledo, Ohio). Dombey, Ky.). (2) Lines west of "boundary included Penn Central___ Michigan-Indiana Tower B, Elk- Do...... Western limits of in eastern zone. Those parts of the follow State line (north hart, Ind. Hamilton Chattanooga, of Vistula, Ind.). County, Tenn. Term. ing lines of railroad located west of the D o.7-v~-.-_. Michigan-Ohio Alexis, Ohio. (west of State line Hooker, Ga.). zone boundary line described in this sec (north of Do...... River Junction, tion, are, for operating purposes only, ex Alexis, Ohio). River. Fla. Do_____ . . . . Michigan-Indiana South Bend, Norfolk & East line of East yard limits cepted from the central time zone and State line (south Ind. Western; Starke County, of Fort Wayne, of Niles, Mich.). Ind. (west of Ind. included within the eastern standard Do...... Michigan-Indiana Fort Wayne, Burr Oak, State line (south Ind. Ind.). time zone: of Sturgis, Do...... Toledo, Ohio. Mich.). Porte County, Ind. (east of Railroad From— To— Dillon, Ind.) (4> Michigan operations excepted Do...... Toledo, Ohio, State line (west and Ohio- Apalachicola Apalachicola, Port St. Joe, from Michigan nonadvanced eastern of State line, Miehigan Northern. Fla., and Fla. standard time. Those parts of the follow Ind.) State line Apalachicola (near Munson, River. ing lines of railroad located within the Mich.). D o ...---- . . . . Ohio-Michigan Oakwood Central of Georgia-Alabama Dothan, Ala. State of Michigan and east of the zone State line (near Junction, Georgia. State line (west Munson, Mich.). . Mich.1 of Hilton, Ga.). boundary described in this section, are, D o ...------East line of La South yard Chesapeake & South line of Griffith, Ind. Porte County, limits of Peru, Ohio. Starke County, for operating purposes only, excepted Ind. (west of - Ind. Ind. (north of from the requirement to operate in ac Walkerton, Ind.) Beardstown, Do------Illinois-Indiana East yard limits Ind.). cordance with Michigan’s nonadvanced State line (west of Frankfort, Do...... Michigan-Indiana Porter and La of Ambia, Ind.), Ind. State line (south Crosse, Ind.1 eastern standard time and are authorized Do...... Illinois-Indiana Frankfort, Ind. of New Buffalo, to operate on eastern standard time State line (west Mich.). of Cayuga, (advanced) during the period from 2 a.m. Ind.). Louisville & West line of Greensburg, Ky. ’enn Central----- Michigan-Indiana Niles, Mich.i Nashvillev Taylor County, on the last Sunday in April to 2 a.m. on State line (south Ky. (east of the last Sunday in October. of Grand Beach, Whitewood, Mich.). Ky.). Monon..______North line of Michigan City, D o ...... ----- East line of La Tower B (4.9 Railroad From— To— Porte County, miles) east of Pulaski County, Ind. and Ind. (west of the west line Ind. (south of Hammond, San Pierre). Ind. Elkhart, Ind.). of Elkhart Arm Arbor____ Ohio-Michigan Owosso, Mich. _ _ County, Ind. D o ...... West line of White Hammond, Ind. State line D o ...------East line of Starke Fort Wayne, County, Ind. and Michigan (horth of Alexis, County, lud. Ind. (west of Lee;- City, Ind. Ohio). (west of Don- Ind.). Detroit, Toledo Ohio-Michigan Detroit and aldson, Ind.). Penn Central...... South line of Ashby, Ind. & Ironton. State lino Dearborn, D o ...------South line of Logansport, Daviess County, (north of Meta- Mich. Starke County, Ind. Ind. (north of mora, Ohio). Ind. (north of Petersburg, Do...... Ohio-lVfichigan Tccumseh ,M ich; Denham, Ind.); Ind.) State line See footnotes at end of tablé. (north of See footnotes at end of table. Denson, Ohio); No. 149----- 2 FEDERAL REGISTER, V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 12320 RULES AND REGULATIONS ner of. T. 140 N., R. 83 W.; thence south County to the north line of McPherson Railroad From— To— to the southwest corner of T. 140 N., R. County; thence west along the north line Do...... Ohio-Michigan Diann, Mich. 83 W.; thence east to the southeast cor of McPherson County to the west line of State line ner of T. 140 N., R. 83 W.; thence south McPherson County; thence south along (north of to the middle of the Heart River; thence the west line of McPherson County to Alexis, Ohio) (over the tracks easterly and northerly along the middle the north line of Keith County; thence of the Ann of that river to the southern boundary of east along the north line of Keith County Arbor Rail road). T. 139 N., R. 82 W.; thence east to the to the west line of Lincoln County; Penn Central___ Indiana-Michigan Jackson, Mich. middle of the Heart River; thence south thence south along the west line of Lin State line (north of Ray, erly and easterly along the middle of coln County to the north line of Hayes Ind.). that river to the midpoint of the con County; thence west along the north line * Do______White Pigeon Jonesville, Mich. Junction, Mich. fluence of the Heart and Missouri Rivers; of Hayes County to the west line of Hayes Do______Litchfield, Mich.. Osseo, Mich. thence southerly and easterly along the County; thence south along the west line D o ...- -.____Bankers, Mich____North Adams, middle of the Missouri River to the Mich. of Hayes and Hitchcock Counties to the D o ...... Morenci, Mich...... Palmyra, Mich. northern boundary of T. 130 N., R. 80 Nebraska-Kansas boundary. Do______Clayton, Mich____ Ida, Mich. W.; thence west to the northwest corner (d) Kansas-Color ado. From the junc D o ...... Ohio-Michigan Clinton, Mich. State line of T. 130 N., R. 80 W.; thence south to tion of the west line of Hitchcock County, (south of the North Dakota-South Dakota bound Nebr., with the' Nebraska-Kansas bound Ottawa Lake, Mich.). ary; thence easterly along that boundary ary westerly alohg that boundary to the Do...... Ohio-Michigan Jackson, Mich. to the middle of the Missouri River. northwest comer of the State of Kansas; State line (north of (b) South Dakota. From the junction thence southerly along the Kansas-Colo- Alvordton, of the North Dakota-South Dakota rado boundary to the north line of Sher Ohio. boundary with the Missouri River south man County, Kans.; thence easterly D o ...... Cement City, Brooklyn, Mich. Mich. erly along the main channel of that river along the north line of Sherman County to the crossing of the Chicago & North to the east line of Sherman County; Western Railway near Pierre; thence thence southerly along the east line of (h) Municipalities on boundary line.southwesterly to the northeast corner of Sherman County to the north line of All municipalities located upon the zone T. 1 S., R. 28 E. in Jones County; thence Logan County; thence westerly along the boundary line described in this section south along the range line between Rs. north line of Logan County to the east are in the central standard time zone, 28 and 29 E. to the north line of Mellette line of Wallace County; thence south except Apalachicola, Fla., which is in the County; thence east along the north line erly along the east line of Wallace Coun eastern standard time zone. of Mellette County to the west line of ty to the north line of Wichita County; § 71.6 Central zone. » Tripp County; thence south along the thence westerly along the north line of west line of Tripp County to the North Wichita County to the east line of Gree The third zone, the central standard Dakota-Nebraska boundary. ley County; thence southerly along the time zone, includes that part of the (c) Nebraska. From the junction of east line of Greeley County to the north United States that is west of the bound the west line of Tripp County, South line of Hamilton County; thence easterly ary line between the eastern and central Dakota with the South Dakota-Nebraska along the north line of Hamilton and standard time zones described in § 71.5 boundary west along that boundary to Kearny Counties to the junction of the and east of the boundary line between the west line of R. 30 W.; thence south east line of R. 36 W.; thence southerly the central and mountain standard time along the range line between Rs. 30 and along the range line between Rs. 35 zones described in § 71.7. 31 W. to the southwest corner of sec. 19, and 36 W. with its offset to the south § 71.7 Boundary line between central T. 33 N., R. 30 W.; thence easterly along line of Kearny County; thence westerly and mountain zones. section lines to the northeast corner of along the south line of Kearny and sec. 29, T. 33 N., R. 30 W.; thence south Hamilton Counties to the Kansas-Colo- (a) Montana-North Dakota. Beginerly along section lines with their offsets rado boundary; thence southerly along ning at the junction of the Montana- to the northeast corner of sec. 17, T. 32 the Kansas-Colorado boundary to the North Dakota boundary with the bound N., R. 30 W.; thence westerly along sec junction of that boundary with the north ary of the United States and Canada tion lines to the northwest corner of sec. boundary of the State of Oklahoma. southerly along the Montana-North 18, T. 32 N., R. 30 W.; thence southerly (e) Oklahoma-Texas-New Mexico. Dakota boundary to the Missouri River; along the range line to the southwest From the junction of the Kansas-Colo- thence southerly and easterly along the comer of T. 31 N., R. 30 W.; thence rado boundary with the northern bound middle of that river to the midpoint of easterly along the township line to the ary of the State of Oklahoma westerly the confluence of the Missouri and Yel northeast corner of T. 30 N., R. 30 W.; along the Colorado-Oklahoma boundary lowstone Rivers; thence southerly and thence southerly along the range line to to the northwest corner of the State of easterly along the middle of the Yellow the southwest corner of T. 29 N., R. 29 Oklahoma; thence southerly along the stone River to the north boundary of W.; thence westerly along the township west boundary of the State of Oklahoma T. 150 N., R. 104 W.; thence east to the line to the northwest corner of sec. 4, T. and the west boundary of the State of northwest corner of T. 150 N., R. 102 W.; 28 N., R. 30 W.; thence southerly along Texas to the southeast corner of the State thence south to the southwest corner of section lines to the southwest corner of of New Mexico; thence westerly along T. 149 N., R. 102 W.; thence east to the sec. 33, T. 28 N„ R. 30 W.; thence east the Texas-New Mexico boundary to the northwest corner of T. 148 N., R. 102 W.; erly along the township line to the north east line of Hudspeth County, Tex.; thence south to the northwest corner of east corner of sec. 4, T. 27 N., R. 30 W.; T. 147 N., R. 102 W.; thence east to the thence southerly along the east line of southwest corner of T. 148 N., R. 101 W.; thence southerly along section lines to Hudspeth County, Tex., to the boundary thence south to the middle of the Little the southwest corner of sec. 22, T. 26 N., between the United States and Mexico. Missouri; thence easterly and northerly R. 30 W.; thence easterly along section (f) Operating exceptions—>(1) Lines along the middle of that river to the lines to the southeast corner of sec. 24, east of boundary excepted from central midpoint of its confluence with the Mis T. 26 N., R. 30 W.; thence southerly along zone. Those parts of the following lines the range line to the north line of of railroad, located east of the zone souri River; thence southerly and east boundary line described in this section, erly along the middle of the Missouri Thomas County; thence westerly along are, for operating purposes only, ex River to the north line of Morton the north line of Thomas County to the cepted from the central standard time County; thence west along the north line west line of Thomas County; thence zone and are included within the moun of Mprton County to the northwest cor- south along the west line of Thomas tain standard time zone: FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 RULES AND REGULATIONS 12321 except Murdo, S. Dak., which is in the Railroad From — To — central standard time zone. Railroad From— To— Atchison, East line of T. Scott City and § 71.8 Mountain zone. Atchison; Colorado River... Southern limits Topeka, & 24 S., R. 36 W., Dodge City, Topeka, & of Needles, Santa Fe. Kearny County, Kans. The fourth zone, the mountain stand Santa Fe. Calif. Kans. ard time zone, includes that part of the Chicago, Montana-Idaho Avery, Idaho. Do...... Kansas-Colorado Satanta, Kans. Milwaukee, St. State line. State line. United States that is west of the bound Paul FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12322 RULES AND REGULATIONS the proposed amendment. No adverse der the circumstances, for preparation posal set forth in the aforesaid notice, the comments were received. for such effective time; and good cause recommendation and information sub Therefore, pursuant to the authority exists for making the provisions hereof mitted by the Lemon Administrative contained in section 16 of the U.S. Grain effective as hereinafter set forth. The Committee (established pursuant to the Standards Act, as amended (7 U.S.C. committee held an open meeting during amended marketing agreement and 87(e)) subparagraph (12) of paragraph the current week, after giving due notice order as the agency to administer the (b) of § 26.59 is amended to read as thereof, to consider supply and market provisions thereof), and other available follows: conditions for lemons and the need for information, it is hereby found and de regulation; interested persons were af termined that the amendment as here § 26.59 Official certificates (general re forded an opportunity to submit infor inafter set forth, is in accordance with quirements) . mation and views at this meeting; the the provisions of the said amended mar * * * * • recommendation and supporting infor keting agreement and order and will tend (b) * * * mation for regulation during the period to effectuate the declared policy of the * * * * * specified herein were promptly submitted act. (12) The date or dates the grain was to the Department after such meeting It is hereby further found that good sampled and the method of sampling the was held; the provisions of this section, cause exists for not postponing the ef grain.1 (This subparagraph is not ap including its effective time, are identical fective date . of this amendment until plicable to export certificates for cargo with the aforesaid recommendation of 30 days after publication in the F ederal shipments.) the committee, and information con R egister (5 U.S.C. 553) in that (1) no cerning such provisions and effective tice of proposed rule making concerning * * * * * time has been disseminated among han this amendment, with an effective date (Sec. 16, 82 Stat. 768, 7 U.S.C7 87e; 29 F.R. dlers of such lemons; it is necessary, in of August 2, 1970, was published in the 16210, as amended; 33 F.R. 10750) order to effectuate the declared policy F ederal R egister on July 9, 1970 (35 Effective date. This amendment shall of the act, to make this regulation effec F.R. 11030), and no objection to this become effective 30 days after publica tive during the period herein specified; amendment or such effective date was tion in the F ederal R egister. and compliance, with this section will not received; (2) the recommendation and require any special preparation on the supporting information for this amend Done at Washington, D.C., this 29th part of persons subject hereto which ment were submitted to the Department day of July 1970. cannot be completed on or before the after an open meeting of the Lemon Ad G. R. G range, effective date hereof. Such committee ministrative Committee on June 16,1970, Acting Administrator. meeting was held on July 28, 1970. which was held to consider recommenda [F.R. Doc. 70-10019; Füed, July 31, 1970; (b) Order. (1) The respective quanti tions for such amendment, after giving 8:50 a.m.] ties of lemons grown in California and due notice of such meeting, and inter Arizona "which may be handled during ested persons were afforded an oppor the period August 2, 1970, through Au tunity to submit their views at this Chapter IX— Consumer and Market gust 8, 1970, are hereby fixed as follows: meeting; (3) the provisions of this ing Service (Marketing Agreements (1) District 1: Unlimited movement; amendment, including the effective time and Orders; Fruits, Vegetables, (ii) . District 2: 270,000 cartons; hereof, are identical with the aforesaid Nuts), Department of Agriculture recommendation of the committee; (iii) Distirct 3: Unlimited movement. (4) information concerning such provi [Lemon Reg. 438] (2) As used in this section, “han sions and effective time has been dis dled," “District 1,” “District 2,” “Dis seminated among handlers of lemons in PART 910— LEMONS GROWN IN trict 3,” and “carton” have the same CALIFORNIA AND ARIZONA California and Arizona; (5) compliance meaning as when used in the said with this amendment will not require Limitation of Handling amended marketing agreement and any special preparation on the part of order. the persons subject thereto which can § 910.738 Lemon Regulation 438. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. not be completed by the effective time (a) Findings. (1) Pursuant to the 601-674) hereof; (6) shipments of the new crop marketing agreement, as amended, and Dated: July 30,1970. of lemons grown in California and Ari Order No. 910, as amended (7 CFR Part zona are expected to begin on or about 910), regulating the handling of lemons F loyd F. H edlund, the effective date hereof, and this grown in California and Arizona, effec Director, Fruit and Vegetable amendment should be effective at such tive under the applicable provisions of Division, Consumer and Mar time. the Agricultural Marketing Agreement keting Service. This amendment will change the defi Act of 1937, as amended (7 U.S.C. 601- [F.R. Doc. 70-10052; Filed, July 31, 1970; nition of “carload” to mean a quantity 674), and upon the basis of the recom 8:51 a.m.] of lemons equivalent to 1,000 cartons of mendations and information submitted lemons, rather than 930 cartons of lem by the Lemon Administrative Committee, ons as is currently specified in this order established under the said amended mar PART 910— LEMONS GROWN IN under § 910.8 Carload. Section 910.100 keting agreement and order, and upon CALIFORNIA AND ARIZONA General will be amended and a new other available information, it is hereby § 910.104 Carload, will be added under found that the limitation of handling of Miscellaneous Amendments definitions of (Subpart—Rules and Reg such lemons, as hereinafter provided, On July 9, 1970, notice of proposed ulations; 7 CFR 910.100 et seq.). Such will tend to effectuate the declared policy rule making was published in the F ed amendment is hereby approved and said of the act. eral R egister (35 F.R. 11030) that con rules and regulations are amended as (2) It is hereby further found that sideration was being given to* a proposed follows: it is impracticable and contrary to the amendment of the rules and regulations Definitions public interest to give preliminary notice, (Subpart—Rules and Regulations; 7 § 910.100 General. engage in public rule-making procedure, CFR 910.100 et seq.) currently in effect and postpone the effective date of this pursuant to the applicable provisions of Terms used in this subpart, except as section until 30 days after publication the marketing agreement, as amended, otherwise provided, shall have the same hereof in the F ederal R egister (5 U.S.C. and Order No. 910, as amended (7 CFR meaning as when used in the marketing 553) because the time intervening be Part 910), regulating the handling of agreement and order (§§ 910.1 to 910.92). tween the date when information upon lemons grown in California and Arizona. which this section is based became avail This program is effective under the Agri § 910.104 Carload. able and the time when this section must cultural Marketing Agreement Act of Pursuant to § 910.8, the quantity of become effective in order to effectuate the 1937, as amended (7 U.S.C. 601-674). lemons comprising a “carload”, as such declared policy of the act is insufficient, After consideration of all relevant term is therein defined, is hereby in and a reasonable time is permitted, un- matters presented, including the pro creased, effective August 2, 1970, from a FEDERAL REGISTER, VOL. 35, NO. 149-—SATURDAY, AUGUST 1, 1970 RULES AND REGULATIONS 12323 quantity of lemons equivalent to 930 car demand and carryover requirements by landlord, share-tenant, or cash ten tons of lemons to a quantity of lemons about 53,000 tons. The Committee indi ant; and the name and address of equivalent to 1,000 cartons of lemons. cated a need to establish a reserve con any other person or persons sharing a trol regulation for the 1970-71 crop year proprietary interest in such prune Dated: July 29, 1970, to become effec providing for à reserve of 26,000 tons, and plums; (ii) the proposed method of tive August 2, 1970. recommended that diversion operations diversion and the location where diver F loyd F. Hedlund, be permitted in order to implement that sion is to take place, and, if diversion Director, Fruit and Vegetable regulation. The Committee indicated, as is to be by disposition of harvested Division, Consumer and Mar its objective, diversion of 27,000 tons, prune -plums which requires prior ap keting Service. dried weight equivalent, of prune plums proval by a Public Health authority, [F.R. Doc. 70-10017; Filed, July 31, 1970; from Californià’s 1970 production. the name and address of the Public 8:50 a.m.] After consideration of all relevant Health authority that approved the pro matter, including the Committee’s rec posed disposition; (iii) the dried weight ommendation for diversion operations, equivalent (computed on a dry-away PART 993— DRIED PRUNES and other available inf ormation : basis of 1 pound of dried primes for each PRODUCED IN CALIFORNIA A. It is found that the rules and pro 2% pounds of prime plums) of the quan cedures governing diversion operations, tity of prune plums proposed to be di Rules and Procedures Governing as hereinafter set forth, are in accord verted; and (iv) the approximate period Diversion of Prune Plums ance with this part, and will tend to ef of diversion and the approximate date on which proof of diversion can be fur Pursuant to the marketing agreement, fectuate the declared policy of the act. B. The Committee’s recommendation nished. A deposit fee shall accompany as amended, and Order No. 993, as each application and shall be the amended (7 CFR Part 993), regulating that diversion operations with respect to the 1970-71 crop year be permitted is greater of either $100 or the amount ob the handling of dried prunes produced tained by multiplying the dried weight in California (hereinafter collectively re concurred in, and such, operations are hereby authorized pursuant to § 993.62. equivalent, in tons, of the quantity of ferred to as the “order”) , effective under prune plums proposed to be diverted by the Agricultural Marketing Agreement Therefore, it is ordered, That the Sub part—Administrative Rides and Regu $10. Act of 1937, as amended (7 U.S.C. 601- (2) By dehydrator as agent. Any pro 674), the Prune Administrative Commit lations (7 CFR 993.101-993.174; 35 F.R. 5108) is hereby amended by the addition ducer, or group of producers, may au tee has recommended establishment of thorize any dehydrator to act as agent rules and procedures governing diver thereto of a new § 993.162 reading as follows:. to divert harvested prune plums. Prior sion of prune plums, and that diversion to diversion, such dehydrator shall sub operations be authorized pursuant to Voluntary D iversion mit to the Committee with respect to § 993.62 with respect to the 1970-71 crop each producer the certified application year beginning August 1, 1970. § 993.162 Voluntary prune plum diver sion. , ' on Form PAC 10.1 “Application for In accordance with § 993.62 of the Prune Plum Diversion” required by sub- order, producers may, when diversion (a) Quantity to be diverted. The Com paragraph (1) of this paragraph. A operations are authorized, divert prune mittee shall indicate the quantity of deposit fee shall accompany each ap plums (i.e., plums of a variety used in prune plums that producers may divert plication and shall be the greater of the production of prunes) and receive pursuant to § 993.62 whenever it rec either $100 per producer who authorized diversion certificates from the Commit ommends to the Secretary that diversion the dehydrator to act as agent or the tee. Such diversion operations are to be operations for a crop year be permitted. amount obtained by multiplying the subject to applicable rules and pro The Committee shall compute the dried dried weight equivalent, in tons, of the cedures. As contemplated by § 993.62, weight equivalent of such quantity on quantity of prune plums proposed to be such rules and procedures should deal a dryaway basis of 1 pound of dried diverted by $10: Provided, That with with such matters as applications for prunes for each 2% pounds of prune respect to any group of four or more diversion certificates, eligible diversions, plums. Whenever diversion operations producers that authorized the dehydrator supervision of diversion, methods and for a crop year have been authorized to act as agent for the group and the criteria for issuing diversion certificates by the Secretary, the Committee shall dehydrator so informs the Committee, to producers, extent of transferability of notify producers, and handlers, known the deposit fee shall be the greater of diversion certificates among producers to it of such authorization and of such either $200 or the amount obtained by and handlers, and the extent to which dried weight equivalent for which cer multiplying the dried weight equivalent, the handler would be entitled to satisfy tificates of diversion may be issued. in tons, of the aggregate quantity of his reserve obligation. (b) Eligible diversions. Eligible diver prune plums proposed to be diverted by At its meeting of June 18, 1970, at sions shair preclude prune plums from the group by $10. which growers and handlers were af becoming prunes and shall be limited to (3) Receipt of applications. The Com forded opportunity to present their views, the following methods: (1) Disposing of mittee shall establish, and give prompt the Committee estimated California’s harvested prune plums under Committee notice of, a final date for receipt of ap 1970 dried prune production at 180,000 supervision for nonhuman use at a loca plications for diversion: Provided, That tons1 and the August 1, 1970, salable tion and in a manner satisfactory to the if the Committee determines that the carryin at about 43,700 tons. Thus, the Committee; and (2) leaving unharvested total quantity of prune plums covered total supply of such primes in the 1970- the entire production of prune plums by applications received by such date 71 crop year would approximate 223,700 from a solid block of bearing trees desig is substantially less than the quantity tons. Such estimate of the supply for the nated by the producer applying for the which the Committee has determined 1970-71 crop year does not include any diversion. In accordance with § 993.62(c), pursuant to paragraph (a), the Commit 1969-70 reserve prunes that may be car eligible diversion shall not apply to tee may provide such additional time for ried over into the 1970-71 crop year. The prune plums which would not, under such receipt of applications as it deems Committee also estimated domestic and normal producer practices, be dried and appropriate and establish and give foreign trade demand during the 1970-71 delivered to a handler. prompt notice of such additional time. crop year at about 141,000 tons, and car (c) Application for diversion—(1) (d) Approval of applications. No cer ryout on July 31, 1971, at 30,000 tons. By producers. Each producer desiring to tificate of diversion shall be issued by Thus, the Committee estimated that the divert prune plums of his own produc the Committee unless it had approved total available supply of prunes during tion shall, prior to diversion, file with the application covering such diversion. the 1970-71 crop year will exceed trade the.Committee a certified application on (1) The Committee’s approval of an Form PAC 10.1 “Application for Prune application shall be in writing, and in 1 The same tonnage estimated by the USDA Plum Diversion” containing at least the clude at least the following: (i) The de Crop Reporting Board in its 1970 crop esti following informaton: (i) The name and tails as to the method of diversion to be mate report. Tons are stated on the basis of address of the producer; whether the followed; (ii) the method of appraisal to natural condition weight. producer is an owner-operator, share- be used by the Committee to determine FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12324 RULES AND REGULATIONS the quantity of prune plums diverted; cable holding requirement in an amount such producer. Such transferred diver (iii) the lesser of either the quantity equal to that computed by applying the sion certificate shall be endorsed by both specified in the application for diversion applicable salable percentage to the total producers and the handler in order to be as proposed to be diverted, or any modi quantity on such certificate. Any adjust credited by the Committee against such fication of that quantity as a result of ment in a handler’s holding requirement handler’s reserve obligation. any Committee proration of the total shall not affect his obligation, if any, to (3) Issuance to a cooperative market quantity proposed to be diverted by all continue to hold reserve prunes that are ing association. In connection with prune producers; and (iv) such other informa undersized prunes. The term “undersized plums diverted by producers who are tion as may be necessary to assist the primes” shall have the same meaning as members of a cooperative marketing as applicant in meeting the requirements prescribed by the Secretary for the then sociation, the Committee shall, when so of this section, including the conditions current crop year. If the Committee de requested by the association, issue the of proof of diversion under which di termines that effective administration applicable transferable certificates of di verted prune plums shall receive credit of diversion operations requires estab version to it. The quantity entered on for certification. lishment of a final date for submission the nontransferable certificate of diver (2) If the Committee determines that of transferable certificates of diversion sion of a cooperative producer shall be it cannot approve an application it shall by producers to handlers, or a final date entered on the applicable transferable notify the applicant promptly. The for return of such certificates by han certificate of diversion issued to the as Committee shall state the reason for fail dlers to the Committee for crediting sociation. Such transferable certificates ing to approve the application, and re against their reserve obligations, or both, of diversion shall be returned to the quest the applicant to submit, if it shall establish such dates with the Committee by the association endorsed practicable, an amended application cor approval of the Secretary. by an authorized officer of the associa recting the deficiencies in the original (2) Issuance to producers. Except as tion in order to be credited by the Com application. provided in subparagraph (3) of this mittee against the association’s reserve (3) Whenever an applicant cancels paragraph, the Committee shall issue obligation. his approved ^diversion application prior transferable certificates of diversion to (4) Applicability of certain payments. to diversion, ho part of the deposit fee each producer diverting prune plums and The provisions of §§ 993.59 and 993.159 covering actual costs incurred in con to whom a nontransferable certificate of governing payments to a handler for nec nection with the application shall be diversion was issued. Prior to issuance of essary services rendered by the handler refunded except upon approval by the any such transferable certificate of diver in connection with reserve prunes shall Committee following review of all cir sion, the producer shall advise the Com not be applicable to prunes no longer re cumstances in the matter. mittee, In writing: (i) Of the name of the quired to be held as reserve prunes due to (e) Nontransferable certificate of di handler to whom the transferable certifi a downward adjustment by the Com version. When diversion of prune plums cate of diversion is to be submitted and mittee in the handler’s holding require has been completed, the diverter who is holding reserve prunes referable ment on the basis of applicable trans (whether producer or dehydrator as to prunes received from such producer; ferable certificates of diversion returned agent of a producer) shall submit the and (ii) how much of the quantity shown to the Committee. required proof of such diversion to the on his nontransferable certificate of di (g) Costs. Pursuant to § 993.62(g), the Committee. When the Committee con version he desires to use in lieu of re costs pertaining^ to diversion are to be cludes that diversion has been com serve prunes but not in excess of the defrayed by payment of fees by the pro pleted pursuant to the requirements of quantity of reserve prunes referable to ducer or cooperative marketing associa this section, it shall issue a nontransfer primes received by the handler from such tion to whom a diversion certificate is is able certificate of diversion (containing producer. The Committee shall enter on sued. After authorized diversion opera the total quantity of credit for the di the transferable certificate of diversion tions for a crop year are completed, the version) to the producer whose prime the name of the handler and the Committee shall ascertain the costs of plums were diverted for the total quan quantity covered by the certificate. The diversion operations during such crop tity diverted; Provided, That a producer transferable certificate of diversion year. If the total amount represented by shall be given credit for any quantity of shall be endorsed by the producer and the the deposit fees which accompanied the his prune plums diverted in excess of the handler prior to its return to the Com applications for diversion exceeds such quantity approved by the Committee mittee in order to be credited by the costs, each producer, and each coopera pursuant to paragraph (d) but not in Committee against such handler’s reserve tive marketing association, entitled excess of 120 percent of such approved obligation. If any portion of the quantity thereto shall receive a refund of a portion quantity and then only to the extent that shown on the producer’s nontransferable of the applicable deposit fee on such such creditable, excess is already covered certificate of diversion remains unused basis as may be prescribed by the by his applicable deposit fee or such fee and he desires to transfer a transferable Committee with the approval of the is increased by an additional deposit to certificate of diversion covering all or any Secretary. cover such excess. part of such unused portion to another It is hereby further found that it is (f) Transferable certificate of diver producer, he shall advise the Committee, impracticable, unnecessary, and contrary sion—(1) General. As hereinafter set in writing, of the name and address of to the public interest to give preliminary forth, transferable certificates of diver such producer, together with the appli notice and engage in public rule making sion shall be issued by the Committee. cable quantity desired to be covered by procedure, and that good cause exists for Any transferable certificate of diversion the transfer, and, if known, the name of making the provisions hereof effective issued to a handler that is a cooperative the handler-to whom such a transferable upon publication in the F ederal R egister marketing association, or submitted to certificate is to be submitted. However, and not postponing the effective time a handler and accepted by him, shall the quantity to be covered by the transfer until 30 days after such publication (5 be returned to the Committee by the shall not exceed the quantity of reserve U.S.C. 553) in that: (1) This action pre handler for credit against the handler’s prunes referable to prunes received by scribes rules and procedures governing reserve obligation of the crop year in the handler from the transferee-pro producer diversion operations, including accordance - with § 993.57. Such credit ducer. The Committee shall enter on the the issuance of diversion certificates, as shall be based on the amount shown on transferable certificate of diversion the contemplated by § 993.62; (2) the Prune the certificate, and shall be applied to names of the transferee-producer and Administrative Committee has recom reduce the handler’s holding require the handler, and the quantity covered by mended that diversion operations be au ment for such crop year. With respect the certificate. Prior to submission of any thorized with respect-to the 1970-71 to such creditable certificate of a handler such transferred diversion certificate to a crop year; (3) - this action concurs in with a holding requirement prior to is handler, the transferee-producer shall the Committee’s recommendation that advise the Committee, in writing, of the such operations should be permitted; (4) suance or acceptance, as applicable, of name and address of the handler to the transferable certificate of diversion, whom the transferable certificate is to be harvest of California’s prune plums will such credit shall result in an adjustment submitted and who is holding reserve begin soon, at which time diversion could downward in the handler’s then appli prunes referable to prunes received from begin; (5) the Committee must make FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 RULES AND REGULATIONS 12325 necessary preparations before such di graphs (d) or (e) within the next 100 hours In consideration of the foregoing and version operations commence in accord in service after the effective date of this AD. pursuant to the authority delegated to (b) Propellers with less than 600 total me by the Administrator (31 F.R. 13697), ance with the rules and procedures con hours in service, inspect in accordance with tained herein; (6) producers should be paragraph (d) or (e ), prior to the accumula section 39.13 of Part 39 of the Federal afforded the maximum advance notice tion of 700 hours in service. Aviation Regulations is amended by add that is practicable of the particular rules (c) Propellers whose total hours in service ing the following new AD. and procedures that will govern diversion are unknown, inspect in accordance with Woodward. Applies to Woodward Governor operations and issuance of diversion cer paragraphs (d) or (e) within the next 100 Co. primary turbo propeller governors tificates so as to conduct their opera hours in service after the effective date of mounted on United Aircraft of Canada this AD. PT6A series engines installed in air tions accordingly; and (7) such diver (d) Accomplish X-ray inspection of the planes incorporating propeller reversing sion operations will tend to effectuate blades for cracks in accordance with “Re provisions and Woodward Governor Co. the declared policy of the act and tend quired Action: Option I” in Hartzell Bulletin overspeed turbo propeller governors to maximize returns to producers. No. 96 dated June 1, 1970, or an equivalent mounted on United Aircraft of Canada method approved by the Chief, Engineering PT6A series engines installed in air (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. and Manufacturing Branch, FAA, Eastern 601-674) planes having autofeathering provisions. Region. Replace before further flight any Compliance: Required within the next 50 Dated July 28,1970, to become effective cracked blades with blades not affected by hours’ time in service after the effective date upon publication in the F ederal R egister. this AD. Repeat X-ray inspection at 300-hour of this AD, unless previously accomplished. intervals unless X-ray shows no lead in the To prevent uncontrolled feathering ac F loyd F. H edlund, hole. Or, complish the following or an equivalent pro Director, (e) Remove the blades from the propeller, cedure approved by the Chief, Engineering Fruit and Vegetable Division. inspect for corrosion in accordance with & Manufacturing Branch, FAA, Central [F.R. Doc. 70-9972; Filed, July 31, 1970; “Required Action: Option II” in Hartzell Region. 8:47 a.m.J Bulletin No. 96. Replace before further flight (a) On primary propeller governors in any corroded or cracked blades with blades spect for safety wire security the three coil not affected by this AD. retaining screws on the lock pitch solenoid (f) Upon submission of substantiating valve, Woodward P/N 1310-506 or 1310-511. data through an FAA Maintenance Inspector, (b) On overspeed propeller governors in Title 14— AERONAUTICS AND the Chief, Engineering and Manufacturing spect for safety wire security the three coil Branch, FAA, Eastern Region may adjust retaining screws on the autofeathering sole repetitive inspection intervals specified in noid valve, Woodward P/N 1310-110 or 1310- SPACE this AD. 115. Chapter I— Federal Aviation Adminis [Hartzell Bulletin No. 96 dated June 1, 1970, (c) If screws inspected in accordance with and Manuals 115 and 117 cover this subject] paragraphs A and B are not secured by safety tration, Department of Transportation wire, prior to return to service, replace said [Docket No. 70-EA-55; Amdt. 39-1049] This amendment is effective August 6, screws with socket head screws, Woodward 1970. P/N 1039-240, torque 18 to 22 lb.-in., and PART 39— AIRWORTHINESS secure by AMS 5685 0.024 to 0.026 in. dia. DIRECTIVES (Secs. 313(a), 601, 603, Federal Aviation Act safety wire. Screws must be removed, re of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. placed and torqued one at a time to avoid Hartzell Propellers 6(c), Department of Transportation Act, 49 valve disassembly. U.S.C. 1655(c)) Note: It may be necessary to remove two The Federal Aviation Administration Issued in Jamaica, N.Y., on July 15, solenoid valve base retaining screws, Wood is amending section 39.13 of Part 39 of ward P/N 33048-201 to gain access to the the Federal Aviation Regulations so as to 1970. coil retaining screws. Removal and replace issue an airworthiness directive applica W ayne H endershot, ment of these two screws should be accom ble to Hartzell type propeller blades. Acting Director, Eastern Region. plished in the manner prescribed for the coil There have been reports of f atigue type [F.R. Doc. 70-9998; Filed, July 31, 1970; retaining screws. 8:49 a.m.] Woodward Service Bulletin 33532B, Sup fractures in Hartzell type propellers plement 1 and United Aircraft of Canada, which have been attributed to corrosion Ltd., Engine Service Bulletin No. 198 pertain within the pilot tube holes of the blades. [Docket No. 70-CE-15-AD; Amdt. 39-1054] to this subject. Since this condition is likely to exist or The inspections and modifications pre develop in other propeller blades of the PART 39— AIRWORTHINESS scribed in this AD may be accomplished by a same type design, an airworthiness di DIRECTIVES certified mechanic with a powerplant rating. rective is being issued to require an in Note: Governors to which this AD applies Woodward Turbo Propeller Governors are known to be installed on the following spection and replacement where neces airplanes, but this listing is not necessarily sary of similar blades. There have been reports of Woodward all inclusive: Since a situation exists which requires propeller governor solenoid valve coil re P r im a r y propeller governors — Beech immediate adoption of this regulation, it taining screws installed on United Air Models 65-90, 65-A90, 65-A90-1, 65-A90-2, is found that notice and public procedure craft of Canada PT6A series engines 65-A90-3, B90, 99, 99A, 100; DeHavilland hereon are impractical and good cause becoming disengaged resulting in loss of Models 1, 100, 200, 300; Hello Models HST— exists for making this amendment effec propeller oil with subsequent abrupt and 550, HST-550A; Swearingen Model SA26-5; tive in less than 30 days. Pilatus Model PC-6/B-H2, PC-6/B1-H2; Mc uncontrollable feathering. Such feather Kinnon Models G21C, G21D, G21E, G21G; In consideration of the foregoing and ing can induce stresses which result in Grumann Model G21A (Serial Number B52 pursuant to the authority delegated to severe engine damage. Since this condi only); and Beech 18 series airplanes modi me by the Administrator, 14 CFR 11.89 tion is likely to exist or develop in other fied per STC SA 1016 WE. (31 F.R. 13697), § 39.13 of Part 39 of the such propeller governors, an airworthi Overspeed propeller governors—Beech Federal Aviation Regulations is amended ness directive is being issued requiring Model 65-A90-1, 68-A90-2, 65-A90-3, B90, 99, by adding the following new Airworthi within the next 50 hours’ time in service 99A and 100 airplanes. ness Directive: after the effective date of this AD, in This amendment shall become effec Hartzell P ropellers. Applies to Model spection and replacement where neces tive August 4,1970. 7663-4 blades, including all serial num sary of the solenoid valve coil retaining bers prefixed with letter “A” and up to screws installed in Woodward primary (Secs. 313(a), 601, 603, Federal Aviation Act Serial No. B35571 with letter “B” prefix, of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. installed on but not limited to the Hart propeller governors and Woodward over 6(c), Department of Transportation Act (49 zell HC-E2YL-2B, HC-C2YL-1B, and speed propeller governors. U.S.C. 1655(c)) Since immediate adoption is required HC-C2YL-2B type propellers. Issued in Kansas City, Mo., on July 23, Compliance required as indicated, unless in the interest of safety, it is found that 1970. already accomplished. notice and public procedure hereon are E dward C..Marsh, To prevent propeller blade shank failures, accomplish the following: impractical and good cause exists for Director, Central Region. (a) Propellers with 600 or more total hoursmaking this rule effective in less than [F.R. Doc. 70-9999; Filed, July 31, 1970; in service, inspect in accordance with para thirty (30) days. 8:49 a.m.] FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12326 RULES AND REGULATIONS [Docket No. 9939; Arndt. 39-1058] (2) Ensure satisfactory operation of the sue air traffic clearances for IFR flight locking plunger in accordance with British PART 39— AIRWORTHINESS Aircraft Corp. Preliminary Technical Leaflet without authorization from the appro DIRECTIVES No. 262, Issue 3, for Models 744 and 745D air priate air route traffic control center. planes; or Preliminary Technical Leaflet No. Since a tower may be under the juris British Aircraft Corp. Viscount Models 125, Issue 3, for Model 810 airplanes; or an diction of some facility other than an 744, 745D, and 810 Series Airplanes ARB-approved issue or an FAA-approved air route traffic control center, the gen equivalent. eral term of reference “facility exercis Amendment 39-915, 35 FR . 144, AD ing IFR control” has been substituted. 70-2-5, requires adjustment of the nose This supersedes Amendment 39-915, 35 P.R. 144, AD 70-2-5. As proposed, these amendments re landing gear downlock microswitch place the system of qualifying a con mechanism on British Aircraft Corp. This amendment becomes effective August 6, 1970. troller on the basis of his competence to Viscount Models 744, 745D, and 810 control traffic in VFR or IFR weather Series Airplanes. After issuing Amend (Secs. 313(a), 601, 603, Federal Aviation Act conditions with a system of qualification ment 39-915, the FAA has received fur of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. by operating position, under which a ther reports of nose landing gear collapse 6(c), Department of Transportation Act, 49 U.S.C. 1655(c)) controller who has qualified at an op on these airplanes which was attributed erating position may control air. traffic to brinelling and wear of the downlock Issued in Washington, D.C., on July 28, under the supervision of another con socket fitting and accumulation of for 1970. troller holding a facility rating without eign matter in the downlock socket R. S. Sliff, regard to the weather conditions, or type fitting. Therefore, Amendment 39-915 is Acting Director, of air traffic controlled by that person. being superseded by a new AD that re Flight Standards Service. The amendments are now issued for the quires adjustment of the nose landing [F.R. Doc. 70-10000; Filed, July 31, 1970; reasons stated in the notice, with the gear downlock microswitch mechanism, 8:49 a.m.] two minor changes discussed herein. repetitive inspections of the downlock In consideration of the foregoing, socket fitting and locking plunger for Subpart B of Part 65 of the Federal excessive wear, repetitive inspections to [Docket No'. 10193; Arndt. 65-15] -Aviation Regulations is amended, ef ensure cleanliness of the socket fitting, PART 65— CERTIFICATION: AIRMEN fective August 31, 1970, to read as and the correction of unsafe conditions follows: f ound during these inspections. OTHER THAN FLIGHT CREWMEMBERS Since a situation exists that requires Establishment of Facility Rating Subpart B— Air Traffic Control Tower immediate adoption of this regulation, it Operators is found that notice and public procedure The purpose of these amendments to Part 65 of the Federal Aviation Regula § 65.31 Required certificate, and rating hereon are impracticable and good cause or qualification. exists for making this amendment effec tions is to: (1) Establish a “facility rat tive in less than 30 days. ing” that may be obtained by a certifi No person may act as an air traffic In consideration of the foregoing, and cated air traffic control tower operator control tower operator at an air traffic pursuant to the authority delegated to who qualifies at all operating positions control tower in connection with civil me by the Administrator (14 CFR 11.89), at a particular control tower; (2) pro aircraft unless he— § 39.13 of Part 39 of the Federal Aviation vide that a certificated operator without (a) Holds an air traffic control tower Regulations is amended by adding the that rating may control traffic at those operator certificate issued to him under following new airworthiness directive: operating positions for which he has this subpart; and qualified at a particular control tower, (b) Holds a facility rating for that British Aircraft Corp. Applies to Viscount Models 744, 745D, and 810 Series air under the supervision of an operator control tower issued to him under this planes. holding a facility rating for that tower; subpart, or has qualified for the operat and (3) drop the present junior and ing position at which he acts and is un Compliance is required as indicated. To prevent collapse of the nose landing senior ratings. der the supervision of the holder of a gear into a retracted position, accomplish Interested persons have been afforded facility rating for that control tower. the following: an opportunity to participate in the For the purpose of this subpart, “oper (a) Within the next 100 landings after the making of these amendments-by a no ating position” means an air traffic con effective date of this AD, unless already ac tice of proposed rule making (Notice 70- trol function performed within or complished, adjust the nose landing gear 12) issued on March 13, 1970, and downlock microswitch mechanism in accord directly associated with the control published in the F ederal R egister on tower. ance with British Aircraft Corp. Preliminary March 20, 1970 (35 F.R. 4862). Three Technical Leaflet No. 262, Issue 3, for Models § 65.33 Eligibility requirements: gen 744 and 745D airplanes; or Preliminary Tech public comments were received on the nical Leaflet No. 125, Issue 3, for Model 810 notice. All of these comments concurred eral. airplanes; or later ARB-approved issue or an with, or had no objection to, the pro To be eligible for an air traffic control FAA-approved equivalent. posal. One commentator suggested minor tower operator certificate a person (b) Within the next 6 months’ time in changes to facilitate the exchange, and must— service after the effective date of this amend clarify the application of the practical (a) Be at least 18 years of age; ment, unless already accomplished within test to operations in a VFR tower. These the last 6 months, and thereafter at intervals (b) Be of good moral character; not to exceed 6 months from the last inspec suggestions involve procedural matters Cc) Be able to read, write, and under tion, visually inspect the nose gear downlock which will be handled administratively. stand the English language and speak it socket fitting and locking plunger for exces Two minor changes are made from without accent or impediment of speech sive wear and to ensure' cleanliness in ac the proposal. First, the notice proposed that would interfere with two-way radio cordance with British Aircraft Corp. Prelim that an applicant for a facility rating conversation; inary Technical Leaflet No. 262, Issue 3, for who bases his eligibility on having pre (d) Hold at least a second-class medi Models 744 and 745D airplanes; or Prelim inary Technical Leaflet No. 125, Issue 3, for viously held a facility rating at a differ cal certificate issued under Part 67 of Model 810 airplanes; or later ARB-approved ent tower would be required to have held this chapter within the 12 months before issue or an FAA-approved equivalent. that rating for at least 6 months of the the date he applies; and (c) If, during the inspection required by 2 years before the date he applies for (e) Comply with § 65.35. paragraph (b ), the wear of the downlock the rating. The 2-year limitation has socket fitting is found to exceed the limits not been required previously, and upon § 65.35 Knowledge requirements. set forth by Preliminary Technical Leaflet further consideration it appears to be Each applicant for an air traffic con No. 262, for Models 744 and 745D airplanes; trol tower operator certificate must pass or No. 125, Issue 3, for Model 810 airplanes; an unnecessary restriction that may pre or later ARB-approved issue or an FAA- vent an otherwise competent controller a written test on— approved equivalent, before further flight from holding a facility rating. Therefore, (a) The flight rules in Part 91 of this accomplish the following: the 2-year limitation has been omitted chapter; (1) Replace the worn fitting with a serv in these amendments. Second, the notice (b) Airport traffic control procedures, iceable fitting of the same part number. proposed that an operator could not is and this subpart; FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 RULES AND REGULATIONS 12327 (c) En route traffic control proce cility rating at the same air traffic con facility rating for a particular control dures; trol tower. However, if he does not do so tower may not act at any operating posi (d) Communications operating pro before August 31,1971, he may not there tion at the control tower concerned un cedures; after exercise the privileges of his senior less there is maintained at that control (e) Plight assistance service; rating at the,control tower concerned tower, readily available to persons (f) Air navigation, and aids to air until he makes the exchange. named in paragraph (b), a current navigation; and (b) The holder of a junior rating onrecord of the operating positions at (g) Aviation weather. August 31,1970, may not control air traf which he has qualified. fic, at any operating position at the con (d) An air traffic control tower opera § 65.37 Skill requirements: operating trol tower concerned, until he has met tor may not perform duties under his positions. the applicable requirements of § 65.37 of certificate during any period of known No person may act as an air traffic this part. However, before meeting those physical deficiency that would make him control tower operator at any operating requirements he may control air traffic unable to meet the physical require position unless he has passed a practical under the supervision, where required, of ments for his current medical certificate. test on— an operator with a senior rating (or fa However, if the deficiency is temporary, (a) Control tower equipment and its cility rating) in accordance with § 65.41 he may perform duties that are not af use; of this part in effect before August 31, fected by it whenever another certificated (b) Weather reporting procedures 1970. and qualified operator is present and on and use of reports; duty. (c) Notices to Airmen, and use of the § 65.45 Performance of duties. (e) A certificated air traffic control Airman’s Information Manual; (a) An air traffic control tower opera tower operator may not control air traffic (d) Use of operational forms; tor shall perform his duties in ac with equipment that the Administrator (e) Performance of noncontrol opera cordance with the limitations on his has found to be inadequate. tional duties; and certificate and the procedures and prac (f) The holder of an air traffic control (f) Each of the following procedures tices prescribed in air traffic control tower operator certificate, or an appli that is applicable to that operating posi manuals of the FAA, to provide for the cant for one, shall, upon the reasonable tion and is required by the person ex safe, orderly, and expeditious flow of air request of the Administrator, cooperate amining him : traffic. fully in any test that is made of him. (1) The airport, including rules (b) An operator with a facility rating equipment, runways, taxiways, and ob may control traffic at any operating posi § 65.50 Currency requirements. structions. tion at the control tower at which he The holder of an air traffic control (2) The control zone, including ter holds a facility rating. However, he may tower operator certificate may not per rain features, visual checkpoints, and not issue air traffic clearance for IFR form any duties under that certificate obstructions. ■ flight without authorization from the ap unless— (3) Traffic patterns and associated propriate facility exercising air traffic (a) He has served for at least three procedures for use of preferential run control at that location. of the preceding 6 months as an air ways and noise abatement. (c) An operator who does not hold a traffic control tower operator at the con (4) Operational agreements. facility rating for a particular control trol tower to which his facility rating (5) The center, alternate airports, and tower may act at each operating position applies, or at the operating positions for those airways, routes, reporting points, for which he has qualified, under the which he has qualified; or and air navigation aids used for termi supervision of an operator holding a fa (b) He has shown that he meets the nal air traffic control. cility rating for that control tower. requirements for his certificate and (6) Search and rescue procedures. facility rating at the control tower con (7) Terminal air traffic control pro § 65.47 Maximum hours. cerned, or for operating at positions for cedures and phraseology. Except in an emergency, a certificated which he has previously qualified. (8) Holding procedures, prescribed in air traffic control tower operator must (Secs. 313(a), 601, 602, Federal Aviation Act strument approach, and departure pro be relieved of all duties for at least 24 of 1958, 40 U.S.C. 1354(a), 1421, 1422; sec. cedures. consecutive hours at least once during 6(c), Department of Transportation Act, 49 (9) Radar alignment and technical each 7 consecutive days. Such an op U.S.C. 1655(c)) operation. erator may not serve or be required to (10) The application of the prescribed serve— Issued in Washington, D.C., on July 27, radar and nonradar separation stand (a) For more than 10 consecutive 1970. ard, as appropriate. hours; or J. H. S haffer, Administrator. § 65.39 Practical experience require (b) For more than 10 hours during a ments: facility rating. period of 24 consecutive hours, unless he [F.R. Doc. 70-10001; Filed, July 31, 1970; has had a rest period of at least 8 hours 8:49 a.m.] Each applicant for a facility rating at at or before the end of the 10 hours of any air traffic control tower must have [Airspace Docket No. 70-CE-29] satisfaqtorily served— duty. (a) As an air traffic control tower oper § 65.49 General operating rules. pa rt 71— DESIGNATION OF FEDERAL ator at that control tower without a fa (a) No person may act as an air traffic AIRWAYS, AREA LOW ROUTES, cility rating for at least 6 months; or control tower operator under a certificate CONTROLLED AIRSPACE, AND RE (b) As an air traffic control tower issued to him under this part unless he PORTING POINTS operator with a facility rating at a dif has in his personal possession an appro ferent control tower for at least 6 months priate current medical certificate issued Alteration of Federal Airway before the date he applies for the rating. under Part 67 of this chapter. Segments § 65.41 Skill requirements: facility rat (b) Each person holding an air traffic On May 22, 1970, a notice of proposed ings. control tower operator certificate shall rule making was published in the F ederal Each applicant for a facility rating keep it readily available when perform R egister (35 F.R. 7902) stating that the at an air traffic control tower must have ing duties in an air traffic control tower, Federal Aviation Administration was passed a practical test on each item listed and shall present that certificate or his considering amendments to Part 71 of in § 65.37 of this part that is applicable medical certificate or both for inspection the Federal Aviation Regulations that to each operating position at the control upon the request of the Administrator or would alter segments of V-216, V-337, tower at which the rating is sought. an authorized representative of the Na and V-450. tional Transportation Safety Board, or Interested persons were afforded an § 65.43 Rating privileges and exchange. of any Federal, State, or local law en opportunity to participate in the pro (a) Hie holder of a senior rating onforcement officer. posed rule making through the submis August 31, 1970, may at any time after (cKA certificated air traffic control sion of comments. All comments received that date exchange his rating for a fa tower operator who does not hold a were favorable. No. 149---- 3 FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12328 RULES AND REGULATIONS In consideration of the foregoing, Issued in Jamaica, N.Y., on July 13, ister (35 F.R. 10506) which amends Part 71 of the Federal Aviation Regula 1970. Part 71 of the Federal Aviation Regula tions is amended, effective 0901 G.m.t., W ayne H endershot, tions (FAR), effective 0901 G.m.t., Au October 15,1970, as hereinafter set forth. Acting Director, Eastern Region. gust 20, 1970, by subdividing the Bullion Section 71.123 (35 F.R. 335,2009, 7051) [F.R. Doc. 70-10004; Filed, July 31, 1970; Mountains, Calif., Restricted Area is amended as follows: 8:49 a.m.] R-2501. Subsequent to the publication of 1. In V-216 the phrase “Peck, Mich.;“ the document, is was noted that the is deleted and the phrase “Peck, Mich., [Airspace Docket No. 70-S0-40] restricted area alteration was not re including a southern alternate via INT flected in the continental control area, Saginaw 131' and Peck 270° radials;” is PART 71— DESIGNATION OF FEDERAL the Twentynine Palms transition area substituted therefor. AIRWAYS, AREA LOW ROUTES, and VOR Federal Airway No. 538, and 2. In V-337 all after the phrase “Sag CONTROLLED AIRSPACE, AND RE corrective action is taken herein. inaw, Mich., 131° radials;” is deleted and PORTING POINTS Since this amendment is minor in na the phrase “Saginaw; Mount Pleasant, ture and no substantive change in the Designation of Transition Area regulation is effected, notice and public Mich.; White Cloud, Mich., excluding the procedure thereon are unnecessary, and portion within Canada.” is substituted On June 19, 1970, a notice of proposed good cause exists for making this amend therefor. rule making was published in the F ed ment effective on less than 30 days 3. V-450 is amended to read as follows: eral R egister (35 F.R. 10114), stating notice. V—450 From Green Bay, Wis.; Muskegon, that the Federal Aviation Administra In consideration of the foregoing, F.R. Mioh.; ENT Muskegon 094° and Flint, Mich., tion was considering an amendment to Doc. No. 70-8219 is amended, effective 280° radials; Flint; INT Flint 088° and Peck, Part 71 of the Federal Aviation Regula 0901'G.m.t., August 20, 1970, as follows: Mich., 237° radials. tions that would designate the Jasper, In § 71.151 Restricted Areas included, (Sec. 307(a), Federal Aviation Act of 1958, Tenn., transition area. “R-2501 Bullion Mountains, Calif.,” is 49 U.S.C. 1348; sec. 6(c), Department of Interested persons were afforded an deleted and “R-2501N Bullion Moun Transportation Act, 49 U.S.C. 1655(c) ) opportunity to participate in the rule tains, Calif.,” “R-2501C Bullion Moun making through the submission of com Issued in Washington, D.C., on July 27, tains, Calif.,” “R-2501S Bullion Moun ments. All comments received were tains, Calif.,” and “R-2501E Bullion 1970. favorable. T. M cCormack, Mountains, Calif.,” are added. Subsequent to publication of the In § 71.123 Domestic VOR Federal Air Acting Chief, Airspace and notice, the geographic coordinate (lat. Air Traffic Rules Division. ways, V-538 is amended by deleting 35°03'35" N., long. 85°35'05" W.) for “R-2501” and substituting “R-2501E” [PB. Doc. 70-10003; Filed, July 31, 1970; Marion County-Brown Field was ob therefor. 8:49 a.m.] tained from Coast and Geodetic Survey. In § 71.181 Designation of transition It is necessary to alter the description by areas, Twentynine Palms, Calif., is [Airspace Docket No. 70-EA-52] inserting the geographic coordinate for amended by deleting “R-2501” and sub the airport. Since this amendment is stituting “R-2501S, R-2501E” therefor. PART 71— DESIGNATION OF FEDERAL editorial in nature, notice and public procedure hereon are unnecessary and (Sec. 307(a), Federal Aviation Act of 1958, AIRWAYS, AREA LOW ROUTES, 49 U.S.C. 1348; sec. 6(c), Department of CONTROLLED AIRSPACE, AND RE action is taken herein to amend the Transportation Act, 49 U.S.C. 1655(c)) PORTING POINTS description accordingly. In consideration of the foregoing, Part Issued in Washington, D.C., on July Alteration of Transition Area 71 of the Federal Aviation Regulations is 27, 1970. The Federal Aviation Administration is amended, effective 0901 G.m.t., October T. M cCormack, amending § 71.181 of Part 71 of the Fed 15, 1970, as hereinafter set forth. Acting Chief, Airspace and eral Aviation Regulations so as to alter In § 71.181 (35 F.R. 2134), the follow Air Traffic Rules Division. the Rockland, Maine, transition area (35 ing transition area is added: [F.R. Doc. 70-10002; Filed, July 31, 1970; F.R. 2255). A change in name of the J asper, T e n n . 8:49 a.m.] Knox County Airport requires a change That airspace extending upward from 700 in the description of the transition area feet above the surface within a 14.5-mile [Docket No. 10469; Arndt. No. 714] to reflect the change. radius of Marion County-Brown Field (lat. Since this amendment is editorial in 35°03'35" N., long. 85°35'05'' W.); excluding PART 97— STANDARD INSTRUMENT nature and imposes no burden on any the portion that coincides with the Chatta APPROACH PROCEDURES person, notice and public procedure nooga, Tfenn., transition area. hereon are unnecessary and the amend (Sec. 307(a), Federal Aviation Act of 1958, Recent Changes and Additions ment may be made effective in less than 49 U.S.C. 1348(a); sec. 6(c), Department of This amendment to Part 97 of the Fed 30 days. Transportation Act, 49 U.S.C. 1655(c)) eral Aviation Regulations incorporates In view^ of the foregoing, Federal Avia Issued in East Point, Ga., on July 24, by reference therein changes and addi tion Administration having reviewed the 1970. tions to the Standard Instrument Ap airspace requirements in the terminal J ames G. R ogers, proach Procedures (SlAPs) that were airspace of Rockland, Maine, the amend Director, Southern Region. recently adopted by the Administrator to ment is herewith made effective upon [F.R. Doc. 70-10005; Filed, July 31, 1970,* promote safety at the airports concerned. publication in the F ederal R egister as 8:49 a.m.] The complete SIAPs for the changes follows: and additions covered by this amendment 1. Amend § 71.181 of Part 71 of the ^ [Airspace Docket No. 70-WE-30] are described in FAA Forms 3139, 8260-3, Federal Aviation Regulations so as to 8260-4, or 8260-5 and make a part of PART 71— DESIGNATION OF FEDERAL the public rule making dockets of the delete in the description of the Rockland, AIRWAYS, AREA LOW ROUTES, FAA in accordance with the procedures Maine, transition area the name “Knox CONTROLLED AIRSPACE, AND RE set forth in Amendment No. 97-696 (358 County Airport” wherever it appears and PORTING POINTS F.R. 5610). insert the following in lieu thereof “Knox SIAPs. are available for examination County Regional Airport”. PART 73— SPECIAL USE AIRSPACE at the Rules Docket and at the National Flight Data Center, Federal Aviation Ad (Sec. 307(a), Federal Aviation Act of 1958, Alteration of Restricted Area 72 Stat. 749; 49 U.S.C. 1348; sec. 6(c), Depart ministration, 800 Independence Avenue ment of Transportation Act, 49 U.S.C. On June 27, 1970, F.R. Doc. No. 70- SW., Washington, D.C. 20590. Copies of 1655(c)) 8219 was published in the F e d e r a l R e g SIAPs adopted in a particular region are FEDERAL REGISTER, V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 RULES AND REGULATIONS 12329 also available for examination at the Southbridge, Mass.—Southbridge Municipal Airport; VOR/DME-1, Amdt. 2; Revised. Title 18— CONSERVATION OF headquarters of that region. Individual Sulphur Springs, Tex.—Sulphur Springs Mu copies of SlAPs may be purchased from nicipal Airport; VOR/DME-1, Amdt. 1; the PAA Public Document Inspection Fa Revised. POWER AND WATER RESOURCES cility, HQ-405, 800 Independence Avenue Waterville, Maine—Waterville Robert La Chapter I— Federal Power SW., Washington, D.C. 20590, or from Flour Airport; VOR/DME Runway 5, Amdt. the applicable FAA regional office in ac 1; Revised. Commission cordance with the fee schedule prescribed 4. Section 97.25 is amended by estab SUBCHAPTER E— REGULATIONS UNDER, THE in 49 CFR 7.85. This fee is payable in lishing, revising or canceling the fol NATURAL GAS ACT advance and may be paid by check, draft lowing LOC-LDA SIAPs, effective Au [Docket No. R-369; Order 405-A] or postal money order payable to the gust 27, 1970. Treasurer of the United States. A weekly PART 154— RATE SCHEDULES AND transmittal of all SIAP changes and ad Kahului, Hawaii—Kahului Airport; LOC TARIFFS ditions may be obtained by subscription (BC) /DME Runway 20, Amdt. 1; Revised. Reno, Nev.—Reno International Airport; Suspended Rate Changes; Interest on at an annual rate of $125 per annum LOC-A, Orig.; Established. from the Superintendent of Documents, Reno, Nev.—Reno International Airport; Refunds U.S. Government Printing Office, Wash LOC/DME (BC) —B, Orig.; Established. J uly 27, 1970. ington, D.C. 20402. 5. Section 97.27 is amended by estab Since a situation exists that requires In Order No. 405, issued May 27, 1970 lishing, revising or canceling the fol (35 F.R. 8633, June 4,1970) in the above- immediate adoption of this amendment, lowing NDB/ADF SIAPs, effective Au I find that further notice and public captioned proceeding, the Commission, procedure hereon is impracticable and gust 27, 1970. inter alia, found that it would not be in good cause exists for making it effective Burnet, Tex.—Burnet Municipal Airport; the public interest to require the com NDB (ADF)-l, Orig.; Established. pounding of interest on refunds by nat in less than 30 days. Camden, Ark.—Harrell Field; NDB (ADF) ural gas companies under section 4(e) In consideration of the foregoing, Part Runway 18, Amdt. 2; Revised. of the Natural Gas Act (15 U.S.C. 717c 97 of the Federal Aviation Regulations is Dallas, Tex.—Redbird Airport; NDB (ADF) (e)) and that, accordingly, the regula amended as follows, effective on the dates Runway 35, Amdt. 5; Canceled. tions under the Natural Gas Act should specified: Jasper, Tex.—Jasper County Airport; NDB (ADF) Runway 17, Orig.; Established. not be amended to provide such require 1. Section 97.11 is amended by estab Kahului, Hawaii—Kahului Airport; NDB ment, as proposed in the notice of pro lishing, revising, or canceling the fol (ADF) Runway 20, Amdt. 4; Revised. posed rulemaking issued in this proceed lowing L/MF—ADF (NDB) —VOR SIAPs, Pendleton, Oreg.—Pendleton Municipal Air ing on October 10, 1969 (34 F.R. 16628, effective August 27,1970. port; NDB (ADF) Runway 25R, Amdt. 8; Oct. 17, 1969) subsequent to the Court Reno, Nev.—Reno Municipal Airport; NDB Revised. of Appeals decision in Texaco Inc. v. (ADF)-2, Arndt. 5; Cancelled. Rogers, Ark.—Rogers Municipal Airport; Federal Power Commission, 412 F. 2d Larmie, Wyo.—Brees Field; VOR 1, Amdt. 6; NDB (ADF) Runway 19, Amdt. 19; Revised. Watertown, N.Y.—Municipal Airport; NDB 740 (CA3), setting aside Order No. 362 Canceled. in Docket No. R-340 (39 FPC 412, 33 Reno, Nev.—Reno Municipal Airport; VOR-1, (ADF) Runway 6, Orig.; Established. Amdt. 15; Canceled. Waterville, Maine—Waterville Robert La F.R. 5517). We also indicated in Order Fleur Airport; NDB (ADF) Runway 5, No. 405 that, in light of our disposition of 2. Section 97.17 is amended by estab Amdt. 6; Revised. this issue the compounding of interest lishing, revising, or canceling the follow 6. Section 97.29 is amended by estabas provided for in orders in individual ing ILS SIAPs, effective August 27, 1970. lishing, revising, or canceling the follow pipeline cases specifically made subject to Reno, Nev.—Reno Municipal Airport; LOC ing ILS SIAPs, effective August 27, 1970. the outcome of this proceeding is moot. (BC) Runway 34, Amdt. 1; Canceled. Florida Gas Transmission Co. (Florida Kahului, Hawaii—Kahului Airport; ILS Run Gas) and El Paso Natural Gas Co. (El Reno, Nev.—Reno Municipal; ILS Runway way 2, Amdt. 6; Revised. 16, Amdt. 5; Canceled. Panama City, Fla.—Panama City-Bay County Paso), on June 26, 1970, and June 29, Airport; ILS Runway 14, Amdt. 1; Revised. 1970, respectively, filed motions for re 3. Section 97.23 is amended by estab consideration and clarification of Order lishing, revising, or canceling the fol Pendleton, Oreg.—Pendleton Municipal Air port; ILS Runway 25R, Amdt. 13; Revised. No. 405 in which they claim that the lowing VOR-VOR/DME SIAPs, effective Reno, Nev.—Reno International Airport; order does not dearly indicate whether August 27, 1970. ILS-A, Orig.; Established. the Commission’s conclusion also elimi Baker, Oreg.—Baker Municipal Airport; VOR San Francisco, Calif.—San Francisco Inter nates the compounding of interest re Runway 12, Amdt. 5; Revised. national Airport, ILS Runway 28L, Amdt. quirements contained in those pipeline Kahului, Hawaii—Kahului; VOR-A, Amdt. 1; 5; Revised. Revised. orders which were issued between the Kahului, Hawaii—Kahului; VOR Runway 20, 7. Section 97.31 is amended by estabtime of the issuance of Order No. 362, Amdt. 3; Revised. lishing, revising, or canceling the follow April 2, 1968, and the court’s decision Laramie, Wyo.—General Brees Field; VOR ing Radar SIAPs, effective August 27, in Texaco, June 12, 1969,1 and which Runway 12, Orig.; Established. 1970. were not made subject to the outcome Lawton, Okla.—Lawton Municipal Airport; of this proceeding. They request that VOR Runway 35, Amdt. 11; Revised. Kansas City, Mo.—Muncipal Airport; Radar-1, Orig.; Canceled. Order No. 405 be amended or clarified to Newcastle, Wyo.—Mondell Field; VORs Run make clear that those requirements are way 31, Orig.; Established. (Secs. 307, 313, 601, 1110, Federal Aviation no longer effective. Reno, Nev.—Reno International Airport; Act of 1958, 49 U.S.C. 1438, 1354, 1421, 1510; VOR-A, Orig.; Established. sec. 6(c), Department of Transportation Act, While we did not indicate that Order Rogers, Ark.—Rogers Municipal Airport; 49 U.S.C. 1655(c) and 5 U.S.C. 552(a)(1)) No. 405 is applicable to the compounding VOR Runway 1, Amdt. 3e; Revised. of interest requirements contained in San Francisco, Calif.—San Francisco Int. Issued in Washington, D.C., on July pipeline rate orders issued during the Airport; VOR Runway 28L/R, Amdt. 12; 23, 1970. period between the issuance of Order Revised. R. S. S liff, Southbridge, Mass.—Southbridge Municipal Acting Director, No. 362 and the court’s decision in Airport; VOR-1, Orig.; Established. Texaco, which were not contingent upon Sulphur Springs, Tex.—Sulphur Springs Mu Flight Standards Service. nicipal Airport; VOR-1, Orig.; Established. N ote : Incorporation by reference pro Baker, Oreg.—Baker Municipal Airport; visions in §§ 97.10 and 97.20 approved by 1 As pointed out in the respective motions, VOR/DME Runway 12, Amdt. 5? Revised. such provision is included in the orders Kahului, Hawaii—Kahului Airport; VOR the Director of the Federal Register on issued in Florida Gas Transmission Com TAC-A, Amdt, 1; Revised. May 12, 1969 (35 F.R. 5610). pany, Docket No. RP69—2 on Mar. 19, 1969, Kahului, Hawaii—Kahului Airport; VOR [F.R. Doc. 70-9894; Filed, July 31, 1970; and El Paso Natural Gas Company, Docket TAC Runway 20, Amdt. 1; Revised. 8:45 a.m.] No. RP69-6 on Apr. 2, 1969. FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12330 RULES AND REGULATIONS the outcome of this proceeding, our con 2593) a notice of proposed rule making 1. The introductory text of paragraph clusion that the compounding of interest with proposed amendments to the Hos (c) of § 405.402 preceding subparagraph would not be in the public interest also pital Insurance Benefits regulations de (1) is revised to read as follows: applies to those requirements. It was our signed to (a) eliminate the use of § 405.402 Cost reimbursement; general. intention in Order No. 405 to treat all accelerated methods of depreciation ex ♦ * * * * natural gas companies alike, both in cept with respect to assets currently dependent producers and pipelines, with being depreciated on that basis; (b) (c) As formulated herein, the princi respect to our decision not to impose a limit the cost basis of depreciable prop ples give recognition to such factors as compound interest requirement. Accord erty to the lowest of price paid, fair depreciation, interest, bad debts, educa ingly, we shall clarify Order No. 405 market value, or depreciated current re tional costs, compensation of owners, and herein to indicate that the provisions for production cost at the time of purchase; an allowance for a reasonable return on the compounding of interest on refunds (c) exclude from equity capital and the equity capital of proprietary facilities. contained in orders relating to pipeline base on which interest may be allowed With respect.to allowable costs some companies issued between April 2, 1968, amounts paid for facilities in excess of items of inclusion and exclusion are: and June 12, 1969, should be deleted the lower of the fair market value or ***** from those orders. the depreciated current reproduction 2. Paragraph (d) of § 405.402 is re The Commission finds: costs of tangible assets; (d) expand the vised to read as follows: (1) It is necessary and appropriate conditions under which gains or losses and in the public interest under the Nat on sales of depreciable assets are taken § 405.402 Cost reimbursement; general. ural Gas Act that Order No. 405, issued into account in determining provider * * * * * in this proceeding on May 27, 1970, and cost; and (e) provide for the recovery (d) In developing these principles of published in the F ederal R egister of amounts paid toward depreciation in reimbursement for the health insurance June 4, 1970, at 35 F.R. 8633 (F.R. Doc. excess of what would have been paid on program, all of the considerations in 70-6907) be clarified as hereinafter a straight-line basis when a provider herent in allowances for depreciation provided. that has used accelerated methods were studied. The principles, as pre (2) Order No. 405-A herein adopted terminates or substantially reduces sented, provide options to meet varied constitutes a clarification and interpre- participation. situations. Depreciation will essentially tatiom^Qf an existing order in this Interested persons were given the op be on an historical cost basis but since proceeding which was adopted in com portunity to submit data, views, or ar many institutions do not have adequate pliance with the requirements of 5-U.S.C. guments with regard to the proposed records of old assets, the principles pro 553 after notice and opportunity to regulations. After consideration of all vide an optional allowance in lieu of submit written comments which were such relevant matter as was presented by such depreciation for assets acquired be received and considered by the Commis interested persons, the amendments as fore 1966. For assets acquired after 1965, sion. Accordingly, further compliance so proposed are hereby adopted with the the historical cost basis must be used. with the notice, hearing and effective following substantive changes: All assets actually in use for production date requirements of 5 U.S.C. 553 is Section 405.415(a)(3) was modified of services for title XVIII beneficiaries unnecessary. to allow accelerated depreciation where will be recognized even though they may The Commission acting pursuant to construction was initiated or written fi have been fully or partially depreciated nancial commitments were made before for other purposes. Assets financed with the provisions of the Natural Gas Act, publication of the proposed regulations public funds may be depreciated. Al as amended, particularly sections 4, 5, or where acquisitions were made under though funding of depreciation is not 7, and 16 thereof (52 Stat. 822, 823, 824, existing depreciation regulations. Also, required, there is an incentive for it since 825 and 830; 56 Stat. 83, 84; 61 Stat. this section has been modified to provide income from funded depreciation is not 459; 76 Stat. 72; 15 U.S.C. 717c, 7l7d, that where cash flow from depreciation considered as an offset which must be 717f, and 717o) orders: on the total assets of an institution, in- , taken to reduce the interest expense that (A) All orders with respect to natural eluding straight-line depreciation on the is allowable as a program cost. gas pipeline companies issued during the newly acquired assets in question, is in 3. Paragraph (e) of § 405.402 is period April 2, 1968, through June 12, sufficient to supply the funds required to hereby revoked. 1969, containing a provision for the com meet reasonable principal amortization 4. Section 405.415 is revised to read as pounding of interest on refunds are schedules of capital debts related to de follows: hereby modified to delete such provision. preciable assets of the provider, Medi § 405.415 Depreciation: Allowance for (B) This order shall be effective as of care would allow accelerated deprecia depreciation based on asset costs. May 27, 1970, the date of issuance of tion under a declining balance method Order No. 405. not to exceed 150 percent of the straight- (a) Principle. An appropriate allow (C) The Secretary shall cause prompt line rate. ance for depreciation on buildings and publication of this order to be made in In addition, the amendments include equipment is an allowable cost. The de the F ederal R egister. technical changes in § 405.402 to con preciation must be: (1) Identifiable and recorded in the By the Commission. form that section to the amendment to § 405.428 which was published in the F ed provider’s accounting records; [seal! Gordon M. Grant, eral R egister on June 27, 1969, 34 F.R. (2) Based on the historical cost of the Secretary. 9927. asset or fair market value at the time of [F.R. Doc. 70-9939; Filed, July 31, 1970; donation in the case of donated assets; 8:45 a.m.] Effective date. These amendments shall and be effective upon publication in the F ed (3) Prorated over the estimated use-, eral R egister. ful life of the asset using; Dated: June 16,1970. (i) The straight-line method; or (ii) Accelerated depreciation, under a Title 20— EMPLOYEES’ R obert M. B all, declining balance method (not to exceed Commissioner of Social Security. double the straight-line rate) or the BENEFITS Approved: July 27, 1970. sum-of-the-years digits method in the Chapter III— Social Security Admin following situations: B lliot L. R ichardson, istration, Department of Health, Secretary of Health, (a) Depreciable assets for which ac Education, and Welfare celerated depreciation was used for Education, and Welfare. health insurance purposes before the [Regs. No. 5, further amended] Subpart D— Hospital Insurance date specified in paragraph (h), includ PART 405— FEDERAL HEALTH INSUR Benefits ing those assets for which a timely re quest to change from straight-line de ANCE FOR THE AGED (1965— —) Subpart D of Part 405 of Chapter III preciation to accelerated depreciation On February 5, 1970, there was pub of Title 20 of the Code of Federal Regula was received by an intermediary before lished in the F ederal R egister (35 F.R. tions is amended as set forth below. the date specified in paragraph (h); FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 RULES AND REGULATIONS 12331 (b) Depreciable assets acquired be the cost or other basis (e.g., fair market 416) to the straight-line method. Such a fore the date specified in paragraph (h) value in the case of donated assets) of change may be made without intermedi where no election to use straight-line or the asset, less its estimated salvage value, ary approval and the basis for deprecia accelerated depreciation was in effect on if any, is determined first. Then this tion is the undepreciated cost reduced by such date and the provider was partici amount is distributed in equal amounts the salvage value. Thereafter, once pating in the program on such date; over the period of the estimated useful straight-line depreciation is selected* for (c) Depreciable assets of a provider life of the asset. a particular asset, an accelerated method where construction of such depreciable (4) Declining balance method. Under may not be established for that asset. asset began before February 5, 1970, and the declining balance method, the an (3) When a provider who has used an the provider was participating in the nual depreciation allowance is computed accelerated method of depreciation with program on February 5,1970; or by multiplying the undepre<5iated cost of respect to any of its assets terminates (d) Depreciable assets of a provider the asset each year by a uniform rate participation in the program, or where where a valid written contract was en up to double the straight-line rate or the health insurance proportion of its tered into by a provider participating in 150 percent, as the case may be (see allowable costs decreases so that cumu the program before February 5, 1970, for paragraph (a) (3) for limitatidns on use latively substantially more depreciation construction, acquisition, or for the per of accelerated methods of depreciation). was paid than would have been paid manent financing thereof and such con (5) Sum-of-the-years’ digits method. using the straight-line method of depre tract was binding on a provider on Feb Under the sum-of-the-years’ digits ciation, the excess of reimbursable cost, ruary 5,1970, and at all times thereafter; method, the annual depreciation allow determined by using accelerated depre or ance is computed by multiplying the de ciation methods and paid under the pro (iii) A declining balance method, notpreciable cost basis (cost less salvage gram over the reimbursable cost which to exceed 150 percent of the straight-line value) by a constantly decreasing frac would have been determined and paid rate, for a depreciable asset acquired tion. The numerator of the fraction is under the program by using the straight- after the date ¡specified in paragraph represented by the remaining years of line method of depreciation will be re (h); however, this declining balance useful life of the asset at the beginning covered as an offset to current reim method may be used only where the cash of each year, and the denominator is al bursement due or, if the provider has flow from depreciation on the total as ways represented by the sum of the terminated participation in the program, sets of the institution during the report years’ digits of useful life at the time of as an overpayment. In this determination ing period, including straight-line de acquisition. of excess payment, recognition will be preciation on the assets in question, is (6) Current reproduction cost. Cur giveri to the effects the adjustment to insufficient (assuming funding of avail rent reproduction cost is the cost at cur straight-line depreciation would have on able capital not required currently for rent prices, in a particular locality or the return on equity capital and on the amortization and assuming reasonable market area, of reproducing an item of allowance in lieu of specific recognition interest income on such funds) to supply property or a group of assets. Where de of other costs in the respective years. the funds required to meet the reason preciable assets are concerned, this (e) Funding of depreciation. Although able principal amortization schedules means the reasonable cost to have built, funding of depreciation is not required, on the capital debts related to the pro reproduce in kind, or, in the case of it is strongly recommended that pro vider’s total depreciable assets. For each equipment or similar assets, to purchase viders use this mechanism as a means of depreciable asset for which a provider in the competitive market. conserving funds for replacement of de requests authorization to use a declining (c) Recording of depreciation. Appro preciable assets, and coordinate their balance method for health insurance priate recording of depreciation encom planning of capital expenditures with reimbursement purposes, but not to passes the identification of the depreci areawide planning activities of com exceed 150 percent of the straight-line able assets in use, the assets’ historical munity and State agencies. As an incen rate, the provider must demonstrate to costs, the method of depreciation, esti tive for funding, investment income on the intermediary’s satisfaction that the mated useful life, and the assets’ accu funded depreciation will not be treated required cash flow need exists. For each mulated depreciation. The Chart of as a reduction of allowable interest depreciable asset where a provider justi Accounts published by the American expense. fies the use of accelerated depreciation, Hospital Association and publications of (f) Gains and losses oh disposal of as the intermediary must give written ap the Internal Revenue Service are to be sets. Gains and losses realized from the proval for the use of a depreciation used as guides for the estimation of the disposal of depreciable assets while a method other than straight-line before useful life of assets. provider is participating in the program, basing any interim payment on this ac (d) Depredation methods. (1) Prora or within 1 year after the provider ter celerated depreciation or making its rea tion of the cost of an asset over its useful minates participation in the program, sonable cost determination which In life is allowed on the straight-line are to be included in the determination cludes an allowance for such deprecia method, or, where permitted under of allowable cost. The extent to which tion. § 405.415(a) (3), the declining balance or such gains and losses are includable is (b) Definition, (1) Historical costs. the sum-of-the-years’ digits methods. calculated on a proration basis recogniz Historical cost is the cost incurred by One method may be used on a single ing the amount of depreciation charged the present owner in acquiring the asset. asset or group of assets and another under the program in relation to the For depreciable assets acquired after the method on others. In applying the de amount of depreciation, if any, charged date specified in paragraph (h) of this clining balance or sum-of-the-years’ or assumed in a period prior to the pro section, the historical cost shall not ex digits method to an asset that is not new, vider’s participation in the program, and ceed the lower of current reproduction the undepreciated cost of the asset is in the period after the provider’s par cost adjusted for straight-line deprecia treated as the cost of a new asset in com ticipation in the program when the sale tion over the life of the asset to the time puting depreciation. takes place within 1 year after of the purchase or fair market value at (2) Prior to the effective date specifiedtermination. the time of the purchase. in paragraph (h), a provider may change (g) Establishment of cost basis on (2) Fair market value. Fair market from the straight-line method to an ac purchase of facility as an ongoing oper value is the price that the asset would celerated method, or vice versa, upon ation. In establishing the cost basis for bring by bona fide bargaining between advance approval from the intermediary a facility purchased as an ongoing op well-informed buyers and sellers at the on a prospective basis with the request eration after July 1, 1966, the price paid date of acquisition. Usually the fair mar being made before the end of the first by the purchaser shall be the cost basis ket price will be the price at which bona month of the prospective reporting where the purchaser can demonstrate fide sales have been consummated for period. Only one such change with re that the sale was a bona fide sale and assets of like type, quality, and quantity spect to a particular asset may be made the price did not exceed the fair market m a particular market at the time of by a provider. Effective with the date value of the facility at the time of the acquisition. specified in paragraph (h), a provider sale. The cost basis for depreciable assets (3) The straight-line method. Under may only change from an accelerated shall not exceed the fair market value of the straight-line method of depreciation, method or optional method (see § 405. those assets at the time of sale. If the FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12332 RULES AND REGULATIONS purchaser cannot demonstrate that the vestment or deposited funds), and (2) Co., Kalamazoo, Mich. 49001, proposing sale was bona fide, the purchaser’s cost net working capital maintained for the safe and effective use of a combina basis shall not exceed the seller’s cost necessary and proper operation of tion drug containing lincomycin, neo basis, less accumulated depreciation. patient care activities (excluding the mycin, and methylprednisolone in the Further, for depreciable assets acquired amount of any current payment made treatment of bovine mastitis. The ap on or after the date specified in para pursuant to § 405.454(g) (1)). However, plication is approved. graph (h> of this section, the cost basis debt representing loans from partners, Based upon an evaluation of data be of the depreciable assets shall not exceed stockholders, or related organizations on fore him, the Commissioner concludes the current reproduction cost depreciated which interest payments would be allow that tolerance limitations are required on a. straight-line basis over the life of able as costs but for the provisions of to assure that milk from treated cows is the assets to the time of the sale. Also, § 405.419(b) (3) (ii), is not subtracted in safe for human consumption. In accord where a facility is purchased as an on computing the amount of (1) and (2), ance with § 3.517 New animal drugs; going operation on or after the date spec in order that the proceeds from such transitional provisions re section 512 of ified in paragraph Oh) of this section, loans be treated as a part of the pro the act, the named existing tolerances the cost basis shall not exceed the fair vider’s equity capital. In computing the are deleted from Part 121 and recodified market value of the tangible assets pur amount of equity capital upon which a in Part 135g and the existing zero toler chased, subject to the above limitations return is allowable, investment in facili ances are revised to provide for negli applicable to the depreciable assets. ties is recognized on the basis of the gible residues of the drug’s components. (h) Effective date. The date referredhistorical cost, or other basis, used for Therefore, pursuant to provisions of to in paragraphs (a) (3), (b) (1), (d) (2), depreciation and other purposes under the Federal Food, Drug, and Cosmetic and (g) of this section shall be August 1, the health insurance program. The ex Act (sec. 512(i), 82 Stat. 347; 21 U.S.C. 1970. cess of the price paid for a facility or for 360b(i)), in accordance with § 3.517, and 5. Section 405.419 is amended by add tangible net assets over the historical under authority delegated to the Com ing new paragraph (d) to read as follows: cost, as determined under § 405.415(b) or missioner (21 CFR 2.120): the . cost basis as determined under 1. Part 135d is established containing § 405.419 Interest expense. § 405.415 (g), is not includable in equity at this time one section, as follows: * ' * * * * capital and loans made to finance that § 135d.l2 Lincomycin-neomycin-metliyl- (d) Loans not reasonably related toportion of the cost of acquisition are prednisolone solution. patient care. Loans made to finance that excluded in computing equity capital. portion of the cost of acquisition of a For purposes of computing the allowable (a) Specifications. The drug contains facility that exceeds historical cost as return the amount of equity capital is the the following active ingredients in each determined under § 405.415(b) or the average investment during the reporting 10 cubic centimeters of aqueous solution: cost basis as determined under § 405.415 period. The rate of return allowed, as Lincomycin hydrochloride monohydrate (g) are not considered to be for a pur derived from time to time based upon equivalent to 200 milligrams of linco pose reasonably related to patient care. interest rates in accordance with this mycin base, neomycin sulfate equivalent In determining whether a loan was made principle, is determined by the Social to 200 milligrams of neomycin base, and for this purpose, it should be assumed Security Administration and communi 5 milligrams of methylprednisolone NJF1. that any owner’s investment or funds are cated through intermediaries. Return on The lincomycin used conforms to the re applied first to the tangible assets, then investment as an element of allowable quirements of § 148x.l(a) (1) (i), (vi), to the intangible assets other than good costs is subject to apportionment in the (vii), (Viii), (ix), (x), and (xi), and the will and lastly to the goodwill. Where same manner as other elements of allow neomycin sulfate used conforms to the the owner’s investment or funds are not standards prescribed by § 1481.1(a) (1) able costs. For the purposes of this regu (i), (vi), and (vii) of this chapter. sufficient to cover the cost allowed for lation, the term “proprietary providers” (b) Sponsor. The Upjohn Co., Kala tangible assets, funds borrowed to fi is intended to distinguish providers, mazoo, Mich. 49001. nance the acquisition are applied to the whether sole proprietorships, partner (c) Conditions of use. (1) It is used in portion of the allowed cost of the tan ships, or corporations, that are organized cattle for the treatment and control of gible assets not covered by the owner’s and operated with the expectation of bovine mastitis caused by organisms investment, then to the intangible assets earning profit for the owners, from other sensitive to lincomycin or neomycin by other than goodwill and lastly to the providers that are organized and oper udder instillation. goodwill. ated on a nonprofit basis. (2) Treat lactating cattle with 10 6. Paragraph (b) of § 405.429 is re cubic centimeters of solution in each in vised to read as follows: (Secs. 1102, 1814(b), 1861(v), and 1871, 49 Stat. 64-7, as amended, 79 Stat. 299, as fected quarter immediately after milk § 405.429 Return on equity capital of amended, 79 Stat. 822, 79 Stat. 326; 42 U.S.C. ing. Allow the drug to remain in the proprietary providers. 1302,1395 etseq.) quarter for at least 6 hours after treat * * # * * [F.R. Doc. 70-9974; Filed, July 31, 1970; ment; the quarter should be milked at (b) Application. Proprietary providers 8:47 a.m.] regular intervals thereafter. Treatment generally do not receive public contri may be repeated at 12-hour intervals up butions, and assistance of Federal and to a total of three doses as indicated by other governmental programs such as the clinical response. Hill-Burton in financing capital expendi Title* 21— FOOD AND DRUGS (3) Treat dry cows with 10 cubic centi tures. Proprietary institutions historic meters of solution in each infected quar ally have financed capital expenditures Chapter I— Food and Drug Adminis ter as an aid in controlling mastitis at through funds invested by owners in the tration, Department of Health, time of freshening. expectation of earning a return. A return Education, and Welfare (4) Milk taken from treated animals on investment, therefore, is needed to within 60 hours (five milkings) after the PART 121— FOOD ADDITIVES latest treatment must not be used for avoid withdrawal of capital and to at food. tract additional capital needed for ex PART 135d— NEW ANIMAL DRUGS (5) Its labeling shall bear an appro pansion. For purposes of computing the FOR INTRAMAMMARY USE priate expiration date. allowable return, the provider’s equity 2. Part 135g is amended by revising capital means: PARf 135g— TOLERANCES FOR RESI § 135g.65 and adding four new sections, (1) The provider’s investment in DUES OF NEW ANIMAL DRUGS IN as follows: plant, property, and equipment related to FOOD patient care (net of depreciation) and § 135g.65 Lincomycin. funds deposited by a provider who leases lincomycin, Neomycin, Tolerances are established for residues Methylprednisolone of lincomycin as follows: 0.15 part per plant, property, or equipment related jto million for negligible residues in milk; patient care and is required by the terms The Commissioner of Food and Drugs and 0.1 part per million for negligible of the lease to deposit such funds (net has evaluated a new animal drug appli residues in the edible tissues of chickens of noncurrent debt related to such in- cation (38-293V) filed by The Upjohn and swine. FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 RULES AND REGULATIONS 12333 § 135g.3 Hydrocortisone. upon an evaluation of the data before Agricultural Chemicals Division, 110 him, the Commissioner concludes that a West 51st Street, New York, N.Y. 10020. A tolerance is established for negligi tolerance is required to assure that edible (c) Assay limits. Finished feed must ble residues of hydrocortisone (as hydro tissues of swine treated with dichlorvos contain 85-135 percent of the labeled cortisone sodium succinate or hydrocor are safe for human consumption. amount of dichlorvos. tisone acetate) in milk at 10 parts per Therefore, pursuant to provisions of (d) Special considerations. Do not mix billion. the Federal Food, Drug, and Cosmetic into feeds that are to be pelleted. Do not § 133g.25 Neomycin. Act (sec. 512(i), 82 Stat. 347; 21 U.S.C. mix with pelleted feed. Feed must be Tolerances are established for resi 360b (i)) and under authority delegated maintained and fed dry. Do not use any dues of neomycin in food as follows: to the Commissioner (21 CFR 2.120), a drug, insecticide, pesticide, or chemical 0.25 part per million (negligible residue) new section is added to Part 135e and having cholinesterase-inhibiting activity another to Part 135g, as follows: either simultaneously or within a few in edible tissues of calves; and 0.15 part days before or after worming animals per million (negligible residue) in milk. § 13Se.54 Dichlorvos. with the feed. § 135g.66 Polymyxin B. (a) Chemical name. 2,2-Dichlorovinyl (e) Related tolerances in edible prod A tolerance is established for negligible dimethyl phosphate. ucts. See § 135g.75. residues of polymyxin B in milk at 2 (b) Approvals. (1) Premix level 9.6 (f) Conditions of use. It is used as units per milliliter. percent granted to Shell Chemical Co., follows: § 135g.67 Méthylprednisolone. Amount Limitations Indication for use A tolerance is established for negligible residues of méthylprednisolone in milk 1. Dichlorvos-.... 0.036% For swine up to 70 pounds body weight, feed as For the removal and control of ma sole ration for 2 consecutive days. For swine ture, immature, and/or fourth-stage at 10 parts per billion. from 70 pounds to market weight, feed as sole larvae of the whipworm (Trichuris 3. Part 121 is amended by deleting ration at the rate of 8.4 pounds of feed per head mis), nodular worm (Oesophagosto- until the medicated feed has been consumed. mum sp.), and the large roundworm § 121.1003 Neomycin, polymyxin * * * For boars, open or bred gilts, and sows, feed as (Ascaris mum) of the intestinal and § 121.1104 Neomycin. sole ration at the rate of 4.2 pounds per head tract. per day for 2 consecutive days. Any person who will be adversely af 2. Dichlorvos... 0.05% For boars, open or bred gilts, and sows, feed as Do. fected by the foregoing order may at any sole ration at the rate of 6 pounds per head for time within 30 days after its date of one feeding. publication in the F ederal R egister file with the Hearing Clerk, Department of § 135g.75 Dichlorvos. Health, Education, and Welfare, Room A tolerance of 0.1 part per million is established for negligible residues of di 6-62, 5600 Fishers Lane, Rockville, Md. chlorvos (2,2-dichlorovinyl dimethyl phosphate) in the edible tissues of swine. 20852, written objections thereto in quin- tuplicate. Objections shall show wherein Effective date. This order is effective publication in the F ederal R egister. the person filing will be adversely affected (Sec. 512(i), 82 Stat. 347; 21 U.S.C. 360b(i)) by the order and specify with particu larity the provisions of the order deemed Dated: July 23,1970. S am D. F ine, objectionable and the grounds for the Associate Commissioner objections. If a hearing is requested, the for Compliance. objections must state the issues for the hearing. A hearing will be granted if [F.R. Doc. 70-9967; Filed July 31,1970; 8:46 a.m.] the objections are supposed by grounds legally sufficient to justify the relief Sec. sought. Objections may be accompanied /T itle 29— LABOR 1607.4 Evidence of validity. by a memorandum or brief in support 1607.5 Minimum standards for validation. thereof. Chapter XIV— Equal Employment 1607.6 Presentation of validity evidence. Opportunity Commission 1607.7 Use of other validity studies. Effective date. This order shall become 1607.8 Assumption of validity. PART 1607— GUIDELINES ON EM 1607.9 Continued use of tests. effective on its date of publication in the 1607.10 Employment agencies and employ Federal R egister. PLOYEE SELECTION PROCEDURES ment services. (Sec. 512(1), 82 Stat. 347; 21 Ü.S.C. 360b(i)) By virtue of the authority vested in it 1607.11 Disparate treatment. 1607.12 Retesting. Dated: July 23, 1970. by section 713 of title v n of the Civil Rights Act of 1964, 42 U.S.C., section 1607.13 Other selection techniques. Charles C. Edwards, 2000e-12, 78 Stat. 265, the Equal 1607.14 Affirmative action. Commissioner of Food and Drugs. Employment Opportunity Commission Authority : The provisions of this Part IF.R. Doc. 70-9968; Filed, July 31, 1970; hereby issues Title 29, Chapter XIV, 1607 issued under Sec. 713, 78 Stat. 265, 42 8:47 a.m.J § 1607 of the Code of .Federal Regulations. U.S.C. sec. 2000e-12. These Guidelines on Employee Selec § 1607.1 Statement of purpose. tion Procedures supersede and enlarge PART 135e— NEW ANIMAL DRUGS (a) The guidelines in this part are upon the Guidelines on Employment based on the belief that properly vali FOR USE IN ANIMAL FEEDS Testing Procedures, issued by the Equal dated and standardized employee selec Employment Opportunity Commission tion procedures can significantly con PART 135g— TOLERANCES FOR RESI on August 24, 1966. Because the ma DUES OF NEW ANIMAL DRUGS IN tribute to the implementation of non- terial herein is interpretive in nature, discriminatory personnel policies, as FOOD the provisions of the Administrative required by title VII. It is also recognized Dichlorvos Procedure Act (5 U.S.C. 553) requiring notice of proposed rule making, oppor that professionally developed tests, when The Commissioner of Food and Drugs tunity for public participation, and delay used in conjunction with other tools of has evaluated a new animal drug appli in effective date are inapplicable. The personnel assessment and complemented cation (40-848V) filed by Shell Chemical Guidelines shall be applicable to charges by sound programs of job design, may Co., Agricultural Chemical Division, 110 and cases presently pending or hereafter significantly aid in the development and West 51st Street, New York, N.Y. 10020, filed with the Commission. maintenance of an efficient work force proposing the safe and effective use of Sec. and, indeed, aid in the utilization 1607.1 Statement of purpose. dichlorvos as an anthelmintic in swine 1607.2 “Test” defined. and conservation of human resources feed. The application is approved. Based 1607.3 Discrimination defined. generally. FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12334 RULES AND REGULATIONS (b) An examination of charges of dis term “test” includes all formal, scored, in validating employment tests only crimination filed with the Commission quantified or standardized techniques of when there is a high probability that and an evaluation of the results of the assessing job suitability including, in persons employed will in fact attain Commission’s compliance activities has addition to the above, specific qualifying that higher level job within a reasonable revealed a decided increase in total test or disqualifying personal history or back period of time. usage and a marked increase in doubtful ground requirements, specific educa (2) Where a test is to be used in dif testing: practices which, based on our tional or work history requirements, ferent units of a multiunit organization experience, tend to have discriminatory scored interviews, biographical informa and no significant differences exist be effects. In many cases, persons have tion blanks, interviewers’ rating scales, tween units, jobs, and applicant popula come to rely almost exclusively on tests scored application forms, etc. tions, evidence obtained in one unit may as the basis for making the decision to suffice for the others. Similarly, where hire, transfer, promote, grant member § 1607.3 Discrimination defined. the validation process requires the col ship, train, refer or retain, with the The use of any test which adversely lection of data throughout a multiunit result that candidates are selected or re affects hiring, promotion, transfer or organization, evidence of validity specific jected on the basis of a single test score. any other employment or membership to each unit may not be required. There Where tests are so used, minority can opportunity of classes protected by title may also be instances where evidence of didates frequently experience dispropor VII constitutes discrimination unless; validity is appropriately obtained from tionately high rates of rejection by fail (a) the test has been validated and evi more than one company in the same in ing to attain score levels that have been dences a high degree of utility as here dustry. Both in this instance and in the established as minimum standards for inafter described, and (b) the person use of data collected throughout a multi qualification. giving or acting upon the results of the unit organization, evidence of validity It has also become clear that in many particular test can demonstrate that al specific to each unit may not be re instances persons are using tests as the ternative suitable hiring, transfer or. quired: Provided, That no significant basis for employment decisions without promotion procedures are unavailable differences exist between units, jobs, and evidence that they are valid predictors for his use. applicant populations. of employee job performance. Where § 1607.4 Evidence o f validity. § 1607.5 Minimum standards for vali evidence in support of presumed rela dation. tionships between test performance and (a) Each person using tests to select job behavior is lacking, the possibility of from ampng candidates for a position or (a) For the purpose of satisfying the discrimination in the application of test for membership shall have available for requirements of this part, empirical evi inspection evidence that the tests are dence in support of a test’s validity must results must be recognized. A test lacking being used in a manner which does not be based on studies employing generally demonstrated validity (i.e., having no violate § 1607.3. Such evidence shall be accepted procedures for determining cri known significant relationship to job examined for indications of possible terion-related validity, such as those behavior) and yielding lower scores for discrimination, such as instances of described in “Standards for Educational classes protected by title VII may result higher rejection rates for minority can and Psychological Tests and Manuals” in the rejection of many who have neces didates than nonminority candidates. published by American Psychological sary qualifications for successful work Furthermore, where technically fea Association, 1200 17th Street NW„ performance. sible, a test should be validated for each Washington, D.C. 20036. Evidence of (c) The guidelines in this part are minority group with which it is used; content or construct validity, as defined designed to serve as a workable set of that is, any differential rejection rates in that publication, may also be appro standards for employers, unions and that may exist, based on a test, must be priate where criterion-related validity is employment agencies in determining relevant to performance on the jobs in not feasible. However, evidence for con whether their selection procedures con question. tent or construct validity should be ac form with the obligations contained in (b) The term “technically feasible” companied by sufficient information from title VII of the Civil Rights Act of 1964. as used in these guidelines means having job analyses to demonstrate the rele Section 703 of title VIE places an affirma or obtaining a sufficient number of mi vance of the content (in the case of job tive obligation upon employers, labor nority individuals to achieve findings of knowledge or proficiency tests) or the unions, and employment agencies,, as statistical and practical significance, the construct (in the case of trait measures). defined in section 701 of the Act, not to opportunity to obtain unbiased job per Evidence of content validity alone may discriminate because of race, color, formance criteria, etc. It is the responsi be acceptable for well-developed tests religion, sex, or national origin. Subsec bility of the person claiming absence of that consist of suitable samples of the tion (h) of section 703 allows such per technical feasibility to positively demon essential knowledge, skills or behaviors sons “* * * to give and to act upon the strate evidence of this absence. composing the job in question. The types results of any professionally developed (c) Evidence of a test’s validity should of knowledge, skills or behaviors con ability test provided that such test, its consist of empirical data demonstrating templated here do not include those administration or action upon the results that the test is predictive of or signifi which can be acquired in a brief orien is not designed, intended or used to dis cantly correlated with important ele tation to the job. criminate because of race, color, religion, ments of work behavior which comprise (b) Although any appropriate valida sex or national origin.” or are relevant to the job or jobs for tion strategy may be used to develop § 1607.2 “Test” defined. which candidates are being evaluated. such empirical evidence, the following (1) If job progression structures and minimum standards, as applicable, must For the purpose of the guidelines in seniority provisions are so established be met in the research approach and in this part, the term “test” is defined as that new employees will probably, within the presentation of results which con any paper-and-pencil or performance a reasonable period of time and in a stitute evidence of validity: measure used as a basis for any employ great majority of cases, progress to a (1) Where a validity study is conducted ment decision. The guidelines in this part higher level, it may be considered that in which tests are administered to appli apply, for example, to ability tests which candidates are being evaluated for jobs cants, with criterion data collected later, are designed to measure eligibility for at that higher level. However, where job the sample of subjects must be represent hire, transfer, promotion, membership, progression is not so nearly automatic, ative of the normal or typical candidate training, referral or retention. This defi or the time span is such that higher group for the job or jobs in question. nition includes, but is not-restricted to, level jobs or employees’ potential may This further assumes that the applicant measures of general intelligence, mental be expected to change in significant sample is representative of the minority ability and learning ability; specfic intel ways, it shall be considered that candi population available for the job or jobs in lectual abilities; mechanical, clerical and dates are being evaluated for a job at question in the local labor market. Where other aptitudes; dexterity and coordina or near the entry level. This point is a validity study is conducted in which tion; knowledge and proficiency; occu made to underscore the principle that tests are administered to present em pational and other interests; and atti attainment of or performance at a ployees, the sample must be represent tudes, personality or temperament. The higher level job is a relevant criterion ative of the minority groups currently FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 RULES AND REGULATIONS 12335 Included in the applicant population. If (c) In assessing the utility of a test§ 1607.7 Use of other validity studies. it is not technically feasible to include tiie following considerations will be ap In cases where the validity of a test minority employees in validation studies plicable: cannot be determined pursuant to conducted on the present work force, the (1) The relationship between the test § 1607.4 and § 1607.5 (e.g., the number of conduct of a validation study without and at least one relevant criterion must subjects is less than that required for a minority candidates does not relieve any be statistically significant. This ordi technically adequate validation study, or person of his subsequent obligation for narily means that the relationship should an appropriate criterion measure cannot validation when inclusion of minority be sufficiently high as to have a prob be developed), evidence from validity candidates becomes technically feasible. ability of no more than 1 to 20 to have studies conducted in other organizations, (2) Tests must be administered and occurred by chance. However, the use of such as that reported in test manuals and scored under controlled and standardized a single test as the sole selection device professional literature, may be consid conditions, with proper safeguards to will be scrutinized closely when that test ered acceptable when: (a) The studies protect the security of test scores and to is valid against only one component of pertain to jobs which are comparable insure that scores do not enter into any job performance. (i.e., have basically the same task ele judgments of employee adequacy that (2) In addition to statistical signifi ments) , and (b) there are no major dif are to be used as criterion measures. cance, the relationship between the test ferences in contextual variables or Copies of tests and test manuals, includ andcriterion should have practical sig sample composition which are likely to ing instructions for administration, nificance. The magnitude of the rela significantly affect validity. Any person scoring, and interpretation of test results, tionship needed for practical signifi citing evidence from other validity that are privately developed and/or are cance or usefulness is affected by sev studies as evidence of test validity for his not available through normal commercial eral factors, including: own jobs must substantiate in detail job channels must be included as a part of (i) The larger the proportion of ap comparability and must demonstrate the the validation evidence. plicants who are hired for or placed on absence of contextual or sample differ (3) The work behaviors or other cri the job, the higher the relationship needs ences cited in paragraphs (a) and (b) of teria of employee adequacy which the to be in order to be practically useful. this section. test is intended to predict or identify Conversely, a relatively low relationship must be fully described; and, addition may prove useful when proportionately § 1607.8 Assumption of validity. ally, in the case of rating techniques, the few job vacancies are available; (a) Under no circumstances will the appraisal form(s) and instructions to (ii) The larger the proportion of ap general reputation of a test, its author the rater(s) must be included as a part plicants who become satisfactory em or its publisher, or casual reports of test of the validation evidence. Such criteria ployees when not selected on the basis utility be accepted in lieu of evidence of may include measures other than actual of the test, the higher the relationship validity. Specifically ruled out are: as work proficiency, such as training time, needs to be between the test and a cri sumptions of validity based on test names supervisory ratings, regularity of attend terion of job success for the test to be or descriptive labels; all forms of pro ance and tenure. Whatever criteria are practically useful. Conversely, a relatively motional literature; data bearing on the used they must represent major or low relationship may prove useful when frequency of a test’s usage; testimonial critical work behaviors as revealed by proportionately few applicants turn out statements of sellers, users, or consul careful job analyses. to be satisfactory; tants; and other nonempirical or anec (4) In view of the possibility of bias (iii) The smaller the economic and dotal accounts of testing practices or inherent in subjective evaluations, su human risks involved in hiring an un testing outcomes. pervisory rating techniques should be qualified applicant relative to the risks (b) Although professional supervision carefully developed, and the ratings entailed in rejecting a qualified appli of testing activities may help greatly to should be closely examined for evidence cant, the greater the relationship needs insure technically sound and nondis- of bias. In addition, minorities might to be in order to be practically useful. criminatory test usage, such involvement obtain unfairly low performance crite Conversely, a relatively low relationship alone shall not be regarded as constitut rion scores for reasons other than su may prove useful when the former risks ing satisfactory evidence of test validity. are relatively high. pervisors’ prejudice, as, when, as new § 1607.9 Continued use of tests. employees, they have had less opportu § 1607.6 Presentation of validity evi nity to learn job skills. The general point dence. Under certain conditions, a person may is that all criteria need to be examined to be permitted to continue the use of a insure freedom from factors which would The presentation of the results of a test which is not at the moment fully unfairly depress the scores of minority validation study must include graphical supported by the required evidence of groups. and statistical representations of the re validity. If, for example, determination (5) Differential validity. Data must be lationships between the test and the cri of criterion-related validity in a specific generated and results separately reported teria, permitting judgments of the test’s setting is practicable and required but for minority and nonminority groups utility in making predictions of future not yet obtained, the use of the test may wherever technically feasible. Where a work behavior. (See § 1607.5(c) concern continue: Provided: (a) The person can minority group is sufficiently large to ing assessing utility of a test.) Average cite substantial evidence of validity as constitute an identifiable factor in the scores for all tests and criteria must be described in § 1607.7 (a) and (b); and local labor market, but validation data reported for all relevant subgroups, in (b) he has in progress validation pro have not been developed and presented cluding minority and nonminority groups cedures which are designed to produce, separately for that group, evidence of where differential validation is required. within a reasonable time, the additional satisfactory validity based on other Whenever statistical adjustments are data required. It is expected also that the groups will be regarded as only provi made in validity results for less than per person may have to alter or suspend test sional compliance with these guidelines fect reliability or for restriction of score cutoff scores so that score ranges broad pending separate validation of the test range in the test or the criterion, or both, enough to permit the identification of for the minority group in question. (See the supporting evidence from the valida criterion-related validity will be obtained. § 1607.9). A test which is differentially tion study must be presented in detail. Furthermore, for each test that is to be § 1607.10 Employment agencies and valid may be used in groups for which employment services. it is valid but not for those in which established or continued as an opera it is not valid. In this regard, where a tional employee selection instrument, as (a) An employment service, including test is valid for two groups but one group a result of the validation study, the private employment agencies, State em characteristically obtains higher test minimum acceptable cutoff (passing) ployment agencies, and the U.S. Training scores than the other without a cor score on the test must be reported. It is and Employment Service, as defined in expected that each operational cutoff section 701(c), shall not make applicant responding difference in job performance, score will be reasonable and consistent cutoff scores must be set so as to predict with normal expectations of proficiency or employee appraisals or referrals based the same probability of job success in within the work force or group on which on the results obtained from any psycho both groups. the study was conducted. logical test or other selection standard FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY,'AUGUST 1, 1970 No. 149 4 12336 RULES AND REGULATIONS not validated in accordance with these cedure claims more education or experi retary of the Interior under the Fédéral guidelines. ence, that individual should be retested. Coal Mine Health and Safety Act of (b) An employment agency or service §1607.13 Other selection techniques. 1969. This Board shall also be authorized which is requested by an employer or to perform the review functions of the union to devise a testing program is Selection techniques other than tests, Secretary under the Federal Metal and required to follow the standards for test as defined in § 1607.2, may be improperly Nonmetallic Mine Safety Act of 1966. For validation as set forth in these guide used so as to have the effect of discrim this reason, Part 300 is hereby amended lines. An employment service is not inating against minority groups. Such by substituting therefor a new Part 300, relieved of its obligation herein because techniques include, but are not restricted reading as set forth below, to include the test user did not request such valida to, unscored or casual interviews and un these functions. Also, a new Part 302, as tion or has requested the use of some scored application forms. Where there set forth below, describing the Board’s lesser standard than is provided in these are data suggesting employment discrim procedures under the Federal Metal and guidelines. ination, the person may be called upon to Nonmetallic Mine Safety Act, is hereby (c) Where an employment agency or present evidence concerning the validity added to Chapter III. New Parts 300 and service is requested only to administer of his unscored procedures as well as 302 shall become effective upon their a testing program which has been else of any tests which may be used, the publication in the F ederal R egister. evidence of validity being of the same where devised, the employment agency W alter J. Hickel, or service shall request evidence of vali types referred to in §§ 1607.4 and 1607.5. Secretary of the Interior. dation, as described in the guidelines in Data suggesting- the possibility of dis this part, before it administers the test crimination exist, for example, when J uly 30,1970. ing program and/or makes referral pur there are differential rates of applicant rejection from various minority and PART 300— ORGANIZATION suant to the test results. The employment Sec. agency must furnish on request such nonminority or sex groups for the same 300.1 Jurisdiction. evidence of validation. An employment job or group of jobs or when there are 300.2 Power of Secretary. agency or service will be expected to disproportionate representations of mi 300.3 Constituency and Decisions of Board. nority and nonminority or sex groups refuse to administer a test where the Authority: The provisions of this Part employer or union does not supply satis among present employees in different 300 issued pursuant to sec. 508, Public Law factory evidence of validation. Reliance types of jobs. If the person is unable 91-173; 83 Stat. 803; and sec. 9, Public Law by the test user on the reputation of the or unwilling to perform such validation 89-577; 80 Stat. 777; 30 U.S.C. 728. studies, he has the option of adjusting test, its author, or the name of the test § 300.1 Jurisdiction. shall not be deemed sufficient evidence employment procedures so as to elimi of validity (see § 1607.8(a) ). An employ nate the conditions suggestive of em (a) The Board of Mine Operations ment agency or service may administer ployment discrimination. Appeals, under the direction of a Board a testing program where the evidence of § 1607.14 Affirmative action. Chairman, is authorized to exercise, pur validity comports with the standards suant to regulations published in the provided in § 1607.7. Nothing in these guidelines shall be F ederal R egister, the authority of the interpreted as diminishing a person’s ob Secretary under the Federal Coal Mine §1607.11 Disparate treatment. ligation under both title VH and Execu Health and Safety Act of 1969 pertaining The principle of disparate or unequal tive Order 11246 as amended by Execu to: treatment must be distinguished from tive Order 11375 to undertake affirmative (1) Applications for review of with the concepts of test validation. A test action to ensure that applicants or em drawal orders; notices fixing a time for or other employee selection standard— ployees are treated without regard to abatement of violations of mandatory even though validated against job per race, color, religion, sex, or national health or safety standards; discharge or formance in accordance with the guide origin. Specifically, the use of tests which acts of discrimination for invoking rights lines in this part—cannot be imposed have been validated pursuant to these under the Act, and entitlement of miners upon any individual or class protected guidelines does not relieve employers, to compensation; by title VII where other employees, unions or employment agencies of their (2) Assessment of civil penalties for applicants or members have not been obligations to take positive action in af violation of mandatory health or safety subjected to that standard. Disparate fording employment and training to standards or other provisions of the Act; treatment, for example, occurs where' members of classes protected by title VII. (3) Applications for temporary relief members of a minority or sex group have The guidelines in this part are effec in appropriate cases; been denied the same employment, pro tive upon publication in the F ederal (4) Petitions for modification of man motion, transfer or membership oppor R egister. datory safety standards; tunities as have been made available to Signed at Washington, D.C., 21st day (5) Appeals from orders and decisions other employees or applicants. Those of July 1970. of hearing examiners; and employees or applicants who have been (6) All other appeals and review pro denied equal treatment, because of prior [seal] William H. B rown III, cedures cognizable by the Secretary un discriminatory practices or policies, must Chairman. der the Act. at least be afforded the same opportu [F.R. Doc. 70-9962; Filed, July 31, 1970; (b) The Board is authorized to exer nities as had existed for other employees 8:46 a.m.] cise, pursuant to regulations published or applicants during thé period of dis in the F ederal R egister, the authority crimination. Thus, no new test or other A " - of the Secretary under the Federal Metal employee selection standard can be im and Nonmetallic Mine Safety Act of 1966 posed upon a class of individuals pro Title 30— MINERAL RESOURCES to review withdrawal orders. tected by title VII who, but for prior Chapter III— Board of Mine Opera (c) In the exercise of the foregoing discrimination, would have been granted tions Appeals, Department of the functions the Board is authorized to the opportunity to qualify under less cause investigations to be made, order stringent selection standards previously Interior hearings, and issue orders and notices in force. MINE HEALTH AND SAFETY; as deemed appropriate to secure the just APPEALS and prompt determination of all pro § 1607.12 Retesting. ceedings. Decisions of the Board on all Employers, unions, and employment In F.R. Doc. 70-3789 appearing in the matters within its jurisdiction shall be agencies should provide an opportunity issue for Saturday, March 28, 1970, on final for the Department. for retesting and reconsideration to page 5255, there was established in Title earlier “failure” candidates who have 30, Code of Federal Regulations, a new § 300.2 Power of Secretary. availed themselves-of more training or Chapter in . Part 300 thereof described Nothing in this part shall be construed experience. In particular, if any appli the organization and jurisdiction of the to deprive the Secretary of any power cant or employee during the course of Board of Mine Operations Appeals to conferred upon him by the aforecited an interview or other employment pro- perform the review functions of the Sec Acts or by other law. FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 RULES AND REGULATIONS 12337 § 300.3 Constituency o f Board. a mine or his agent to immediately cause Subpart B— Application for Review of all persons except those referred to in Orders and Notices The Board shall consist of three or subsections 8(a) (1), (2) and (3) to be more members appointed by the Secre § 302.10 Who may file. tary, one of whom shall be designated withdrawn and to be prohibited from Chairman. The Chairman may direct entering the area of the mine through The mine operator of the affected mine that an appeal be decided by a panel of which an imminent danger or an un shall have right to review and appeal an abated violation of a mandatory health order issued pursuant to the Act. any two members of the Board, but if or safety standard exists. they are unable to agree upon a decision, § 302.11 Filing. the Chairman may assign one additional (g) The term “initial inspection re member to the panel to consider the ap port” means the report of a single The application for review with five peal. When an appeal is considered by inspector issued pursuant to section 8 of (5) copies shall be filed at the issuing the Act. office of the Bureau of Mines. three members of the Board, the concur (h) The term “reviewing inspectors’ rence of a majority shall be conclusive. report” means the report of a team of § 302.12 Form of application. All decisions will be signed by at least three (3) inspectors designated by the The application for review shall be in two members. Secretary pursuant to section 9 of the writing and shall contain a short and Act. plain statement of the facts and grounds PART 302— PROCEDURES UNDER FED (i) The term “Board” means the upon which it is based. The application ERAL METAL AND NONMETALL1C Board of Mine Operations Appeals of the may recite; that the imminent danger as MINE SAFETY ACT OF 1966 Department of the Interior. set out in such order did not occur or does not exist at the time of the filing Subpart A— General § 302.3 Public information. Sec. such application; that violation of man 302.1 Construction of rules. (a) The official docket and files of an datory safety standard, as set out in 302.2 Definitions. application to review an order shall be such order has not occurred; that such 302.3 Public information. kept in the Office of Hearings and Ap violation has been totally or partially 302.4 Parties—praotioe before the Board. peals, Department of the Interior, Wash abated; that the period of time within 302.5 Documents. ington, D.C.20240. which the order was based was not 302.6 Disqualification. (b) As a matter of public information, reasonable or that the area of the mine Subpart B— Application for Review of Orders and a copy of the order, the initial inspection described in such order is not so affected Notices report, the application to review, the at the time of the filing of such applica 302.10 Who may file. special inspection report shall be kept tion or such other grounds as the appli 302.11 Piling. available at the issuing office of the cant deems to present. 302.12 Form of application. Bureau of Mines for inspection by inter 302.13 Reviewing inspectors’ report. ested persons. § 302.13 Reviewing inspectors’ report. 302.14 Contents of the reviewing inspec FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12338 RULES AND REGULATIONS the extent the imminent danger or vio b. The following new entries are lation of a safety standard continues un Title 32-NATIONAL DEFENSE added: abated; (3) the exact area of the mine Chapter XIV— Renegotiation Board 4—12.800 Scope of subpart. affected; (4) in the case of a violation of 4-12.802 Definitions. a mandatory safety standard the reason SUBCHAPTER B— RENEGOTIATION BOARD 4-12.803-1 Government contracts. ableness of time given to abate the vio REGULATIONS UNDER THE 1951 ACT 4-12.803-2 Equal Opportunity clause. lation and a recommendation as to 4-12.803-3 Federally assisted construction whether and for what period an exten PART 1499— RENEGOTIATION contracts. sion of time should be granted and the RULINGS AND BULLETINS 4-12.803-4 Equal Opportunity (Applicant) reasons therefor. clause. Consolidated Renegotiation 4-12.803-7 Incorporation by reference. § 302.15 Briefs or written argument. 4-12.803-9 Notice to bidders regarding Part 1499 is amended by adding a new preaward equal opportunity (a) Within five (5) days after service § 1499.1-41 to read as follows: compliance reviews. 4-12.803-10 Elimination of segregated facil of the reviewing inspectors’ report, ap § 1499.1—41 Renegotiation Ruling No. plicant may file a brief or written argu ities. 41: Consolidated renegotiation; re 4-12.803-50 Applicability to multiplant ment or a notice of intention to file brief quirement of ownership during fiscal firms. or written argument and request for ex year (interprets act section 105(a); 4-12.804-1 General. §§ 1464.4(c) and 1464.7(b) of this 4-12.804-2 Specific contracts. tension of time to file—not to exceed ten chapter). 4—12.805—1 Duties of agencies. (10) days. When a party who filed a no 4-12.805-3 Notices to be posted. tice of intention to file a brief or written (a) P Corporation and two subsidi 4-12.805-5 Compliance reviews. aries acquired subsequent to the fiscal 4-12.805-7 Processing of matters by agen argument fails to file a timely brief or year under review file a request for con cies. argument the Board may proceed to dis solidated renegotiation. During the re 4-12.805-9 Sanctions and penalties. pose of the appeal pursuant to 302.16. view year P Corporation did not own any 4-12.805-11 Preaward notices. stock in either of the other two corpora 4-12.810 Affirmative action compliance (b) Applicant’s brief or written argu program. ment shall set forth in detail the objec tions, nor did either of such corporations own any stock in the other. * * * * * tions presented in his application, the (b) The request for consolidated re c. The following entries are deleted: reasons therefore and the relief re negotiation must be denied because P quested. The brief may contain tests, Corporation owned no voting stock in Siibpart 4—12.51— Equal Opportunity Contract reports, evaluation^ and other matter any member of the group at any time Requirements which applicant deems pertinent. during the fiscal year under review. The 4—12.5101 Scope of Subpart. 80 percent stock ownership requirement 4-12.5102 Authority. (c) Three (3) copies of each brief shall of § 1464.4(c) relates, as do the com 4-12.5103 Application. be filed with the Board. Copies of briefs parable Federal income tax regulations, 4-12.5104 Contracts Compliance Officers. shall be legibly typewritten, printed or to the fiscal year for which consolidation 4-12.5105 Exemptions. 4-12.5106 Rulings and interpretations. duplicated. is requested and not to the fiscal year in 4-12.5107 Regulations. which the consolidation request is made. 4-12.5108 Contract provisions. § 302.16 Failure to present written argu The subsidiary corporations themselves, ment. 4-12.5108-1 General. since they were wholly unrelated prior 4-12.5108-2 Applicability to multi-plant If a brief or other written argument is to their acquisition by P Corporation, do firms. 4-12.5108—3 Applicability to subcontracts. not received within the prescribed period, not qualify for «insólida ted renegotiation 4-12.5108-4 Applicability to subsidiaries. or the expiration of' any authorized ex with each other for the fiscal year under 4-12.5109 Posters and notices. tension, the Board shall decide the ap review. 4-12.5110 Compliance reports. 4-12.5110-1 Reports from bidders. peal on the basis of the record before it. (Sec. 109, 65 Stat. 22; 50 U.S.C.A., App. Sec. 4-12.5110-2 Reports from contractors. 1219) § 302.17 Oral presentation. 4-12.5110-3 Reports to the Committee. Dated: July 29, 1970. 4—12.5110^4 Reports to the Department Upon request and good cause shown Compliance Officer. the Board may permit oral argument. Lawrence E. Hartwig, 4-12.5110-5 Forms. Chairman. 4-12.5111 Predominant interest agency. § 302.18 Decisions and orders of the 4-12.5111-1 Definition. [F.R. Doc. 70-10011; Filed, July 31, 1970; 4-12.5111-2 PIA listings. Board. 8:50 a.m.] 4-12.5111-3 Responsibilities. (a) In view of the urgent need for 4-12.5112 Contracting officer responsibili ties. prompt decision of matters submitted to 4—12.5112—1 General. the Board wider this section, all actions Title 41— PUBLIC CONTRACTS 4-12.5112-2 Compliance reports by con and decisions of the Board shall be taken tracting officers. 4-12.5112-3 Pre-award understanding with as rapidly as practical, consistent with AND PROPERTY MANAGEMENT contractors. adequate consideration of the issues in Chapter 4— Department of Agriculture 4-12.5112-4 Pre-award surveys. volved. 4-12.5112-5 Post-award reviews. 4-12.5113 Compliance reviews. (b) Decision of the Board shall in PART 4-12— LABOR 4-12.5113-1 Objectives. clude a statement of findings and con Procurement 4-12.5113-2 By the Contracting Officer. clusions and the reasons or basis there 4-12.5113—4 By the Division of Contract The following amendments are made EEO Administration. fore on the material issues of fact, law in the Agriculture Procurement Regula 4-12.5113-5 Notification to contractor. or discretion presented and consistent 4—12.5114 Complaints. tions; 4-12.5114-1 General. with these findings an appropriate order 4-12.5114-2 “Plans for Progress” complaint affirming, revising or annulling the order 1. The table of contents for Part 4-12—Labor is amended as follows: processing procedures. reviewed with the effective date. The de 4-12.5117 Construction contract compli cision of the Board shall be the final ♦ * * * * ance program. Subpart 4—12.8— Equal Opportunity 4-12.5117-1 Area coordinators. decision of the Department of the In 4-12.5117-2 Contracting officer responsibili terior. in Employment ties. 4-12.5117-3 Compliance reviews by Depart [F.R. Doc. 70-10058; Filed, July 31, 1970; a. The following entry is deleted: ment Contracts Compliance 8:51 a.m.] 4-12.801 Policy.“ Officer. FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 RULES AND REGULATIONS 12339 4-12.5118 Federally assisted construction satisfied whenever the prime contractor (c) Both forms are available from work. or subcontractor posts copies of the no Central Supply Section, Service Opera 4-12.5118-1 Purpose. tification prescribed by or pursuant to tions Division, Office of Plant and 4-12.5118-2 Scope. 4-12.5118-3 Equal opportunity clause. subsection (a) in conspicuous places Operations. 4-12.5118-4 Duties of agencies. available to employees, applicants for § 4—12.803—50 Applicability to ipulti- 4-12.5118-5 Determination of construction employment and representatives of each plant firms. contract amount. labor union or other organization repre 4-12.5118-6 Reports. senting his employees with which he has All of the facilities of a contractor or 4-12.5118-7 Posters and notices. a collective bargaining agreement or a subcontractor are subject to the orders 4-12.5119 Plans for progress companies. other contract or understanding. (De and to the rules and regulation of the 4-12.5119-1 The Program. partment of Labor Regulation 41 CFR Secretary whether or not they are per 4-12.5119-2 Agency responsibilities. forming work on the contract. 4-12.5119-3 Reporting requirements. 60-1.42(b).) 4-12.5119-4 Complaints. § 4—12.803—3 Federally assisted con § 4-12.804-1 General. 4-12.5120 Field Manual. struction contracts. (f). The Equal Opportunity clause 2. Subpart 4-12.8 is revised to read as The Contracting Agency shall require prescribed by Executive Order 112<46, follows: the inclusion of the Equal Opportunity amended by Executive Order 11375, as (Applicant) clause prescribed in § 1- set forth in § 1-12.803-2, shall be in Subpart 4-12.8— Equal Opportunity 12.803-4 as a condition of any grant, cluded in all contracts for the sale of in Employment contract, loan, insurance, or guarantee Government timber when the contract § 4—12.800 Scope o f subpart. involving federally assisted construction exceeds $10,000. which is not exempt from the require This subpart implements Executive ments of the clause. § 4—12.804—2 Specific contracts. Order 11246 as amended by Executive Requests for exemption from requiring Order 11375; the rules and regulations § 4—12.803—4 Equal Opportunity (Ap plicant) clause. the inclusion of any or all of the Equal of the Secretary of Labor (41 CFR Part Opportunity clause in any specific con 60-1), and the Federal Procurement The requirements of paragraph (c) of tract, or subcontract, shall be referred Regulations (41 CFR Part 1-12). The the Equal Opportunity clause shall be to the DCCO for appropriate action. aforesaid govern equal employment op satisfied whenever the prime contractor portunity requirements for Government or subcontractor posts copies of the § 4—12.805—1 Duties of agencies. contracts, subcontracts, and for feder notification prescribed by or pursuant to (a) The head of each Contracting ally assisted construction contracts. subsection (a) in conspicuous places Agency shall designate a Contract Com available to employees, applicants for § 4—12.802 Definitions. pliance Officer (CCO) who shall be sub employment and representatives of each ject to the immediate supervision of the As used in this subpart, the following labor union or other organization repre head of the agency. Deputy Contract terms have the meanings stated. senting his employees with which he has Compliance Officer and Assistant Con (a) “Administering Agency” means a collective bargaining agreement or tract Compliance Officers may also be the Department of Agriculture. other contract or understanding. (De designated. (b) “Applicant” means any person partment of Labor Regulation 41 CFR (b) The names of the designated applying to participate in a program in 60-1.42(b).) Compliance Officers, their addresses and volving a grant or loan administered by telephone numbers, and any changes a contracting agency which involves a § 4—12.803—7 Incorporation by refer ence. made in the designation shall be construction contract; e.g., REA loans, promptly furnished to the Department FHA improvement loans. The Equal Opportunity clause may Contract Compliance Officer, § 4-12.805- (c) “Compliance Agency” means the be incorporated in federally assisted 1(d). Department of Agriculture. construction contracts and subcontracts (1) Prior to entering into any contract, (d) “Contracting Agency” means the where the amount is less than $50,000, ■or approving an application for Federal organizational unit of the Department and as otherwise provided in § 1-12.803- financial assistance involving a con of Agriculture responsible for the award 7, by inclusion therein of the following struction contract, of $500,000 or more of Government contracts, or for the statement. which is subject to the Equal Opportu Federal assistance funds made available The nondiscrimination clauses contained nity clause, the Contracting Officer or for construction purposes. in section 202, Executive Order 11246, as (e) “Federally assisted construction amended by Executive Order 11375, relating application approving officer shall notify contract” is defined.in 1-12.802(k) and to equal employment opportunity for all the Contract Compliance Officer or ap includes REA borrowers. persons without regard to race, color, reli propriate Deputy as soon as practicable gion, sex, or national origin and the imple of: (f) “Department Contract Compli menting rules and regulations prescribed by (1) The name and address of the ance Officer” (DCCO) means the mem the Secretary of Labor (41 CFR Chaper 60) prospective prime contractor and each ber of the Secretary of Agriculture’s are incorporated herein. staff who has been designated as the known subcontractor; Department Contract Compliance Officer. § 4—12.803—9 Notice to bidders regard (ii) Anticipated date of award; ing preaward equal opportunity com (iii) Whether the prime contractor § 4—12.803—1 Government contracts. pliance reviews. and known subcontractors have pre (a) The Contracting Officer shall be The Contracting Officer shall be re viously held any Government contracts responsible for inclusion of the Equal sponsible for inclusion of the Preaward or federally assisted construction con Opportunity clause prescribed in § 1- Equal Opportunity Compliance Reviews tracts subject to Executive Orders 10925, 12.803-2 in all nonexempt contracts (in clause prescribed in § 1-12.803-9 in the 11114, or 11246; and cluding modifications thereof), except invitation for bids for each formally ad (iv) Whether the prime contractor where incorporated by reference in vertised supply contract which may re has previously filed compliance reports accordance with § 4-12.803-7. sult in an award of $1 million or more. required by Executive Orders 10925, (b) Form AD-369, Equal Opportunity, 11114, or 11246, or by regulations of the has been promulgated for use to incor § 4—12.803—10 Elimination of segre Equal Employment Opportunity Com porate the clause where standard or gated facilities. mission (EEOC) issued pursuant to title other preprinted contract forms which (a) Form AD-559, Notice of Require VII of the Civil Rights Act of 1964. do not include the clause are used. This ment for Certification of Nonsegregated (2) The CCO concerned shall review form is available from Central Supply Facilities, is prescribed for use as the available information relative to the Service, Service Operations Division, notice to bidders required by § 1-2.201 prospective prime contractor’s and sub Office of Plant and Operations. (a)(29). contractor’s equal opportunity compli ance status. § 4—12.803—2 Equal Opportunity clause. (b) Form AD-560, Certification of Nonsegregated Facilities, is prescribed (i) If no deficiencies are found the ’Die requirements of paragraph (c) for use as the certification required by CCO shall so notify the Contracting Of of the Equal Opportunity clause shall be § 1-12.803-10. ficer or application approving officer FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12340 RULES AND REGULATIONS within 10 working days from receipt of § 4—12.805—9 Sanctions and penalties. Chapter 8— Veterans Administration the request and with an information (a) Termination. A copy of the notice copy to the Department Contract Com PART 8-2— PROCUREMENT BY pliance Officer. of proposed cancellation or termination FORMAL ADVERTISING (ii) If deficiencies are found in theof a contract shall be furnished to the contracting agency. PART 8-6— FOREIGN PURCHASES prospective prime contractor’s or sub (b) Debarment. A copy of the notice contractor’s equal opportunity compli Miscellaneous Amendments ance status, the CCO shall so notify the or proposed debarment of a contractor Department Contract Compliance Officer or subcontractor shall be furnished to Chapter 8 is amended as follows: who will determine whether a preaward the contracting agency. 1. Section 8-2.407-8 is revised to read compliance review is to be conducted. § 4 —12.805—11 Preaward notices. as follows: The Department Contract Compliance (a) Preaward compliance reviews. Af § 8—2.407—8 Protests against awards. Officer shall furnish his findings respect ter reviewing the information available, ing the prospective contractor’s or sub (a) General. When a protest against the Contracting Officer may find that he the award of a contract, or a request contractor’s compliance status and the needs additional up-to-date facts about need for a preaward compliance review, from the General Accounting Office for the bidder before he can make a find an agency report relative to a protest through the CCO, to the Contracting Of ing of responsibility and award a con ficer or application approving officer against an award lodged with that tract. If so, he should ask the Depart agency, is received in Central Office, the within 30 days from the receipt of the ment Contract Compliance Officer to request. protest or request will be immediately make a special preaward field survey in forwarded to the Director, Supply Serv § 4—12.805—3 Notices to be posted. order to determine the bidder’s current ice. Protests or requests concerning Cen (a) The notice "Equal Employment employment policies and practices and tral Office construction contracts will be Opportunity Is the Law” may be ordered to develop information on the capability forwarded to the Assistant Administrator from the nearest Federal supply stores of his facilities to comply with the for Construction. The Assistant Admin stock or requisitioned from the Central obligations of the Equal Opportunity istrator for Construction or Director, Supply Section, Service Operations Divi clause. Supply Service, whichever is appropriate, sion, Office of Plant and Operations. (b) The Office of Federal Contract will immediately notify the contracting Form AD-384, Instructions to Contrac Compliance, U.S. Department of Labor, officer, furnish him a copy of the protest, tors, may be ordered from the Central or the Department Contract Compliance and request him to furnish the informa Supply Section. Officer may also request such a preaward tion required by FPR l-2.407-8(a) (2). (b) The notice and instructions should field survey. It is similar in scope, ob Should the circumstances warrant, the accompany the notification of award of jective, and methods to regular com contracting officer will be advised to the contract. pliance reviews. Fast scheduling and re notify all parties involved in or affected porting are of course required in cases by the protest and to secure from them § 4—12.805—5 Compliance reviews. where contracting officers hold up their views as provided in FPR 1-2.407- Compliance reviews of companies for awards until the evaluations become 8 (a)(3), (b)(2), and (c). which the Department is Compliance available. (b) Protest before award. When a Agency are conducted by the Compliance § 4—12.810 Affirmative action compli written protest has been lodged with the Review Staff, Office of the Secretary. ance program. contracting officer, and he considers it These reviews are comprehensive exam desirable to do so, he may obtain the inations of personnel policies and prac (a) Form AD-425, Contractor’s Af views of the Comptroller General. The tices of a contractor or subcontractor, or firmative Action Plan for Equal Em submission will be made direct to the Applicant in relation to his obligations ployment Opportunity Under Executive Comptroller General and will include under the Equal Opportunity clause, and Order 11246 and Executive Order 11375, the material indicated in FPR 1-2.407-8 pertinent regulations. Reviews encom has been promulgated to assist contrac (a) (2). Simultaneous with the submis pass home offices of contractors and all tors in the development of a satisfactory sion of a pretest to the Comptroller Gen installations. Compliance with the non affirmative action program. The form eral by a contracting officer under discrimination clause in all respects is provides guidelines and specific steps for authority of this paragraph, the Director, material to performance of the contract. the prompt achievement of full and Supply Service will be furnished a com The compliance review will include an equal employment opportunity. It should plete copy of the submission. The con evaluation of hiring and employment accompany the notice of award of the tracting officer will notify the protesting practices and a recommendation of cor contract. Form AD-425 is available from individual or firm promptly in writing of rective actions to be taken when neces Central Supply Section, Service Opera the decision of the Comptroller General. sary, in accordance with an agreed time tions Division, Office of Plant and A copy of the decision and notification schedule. Operations. will be furnished the Director, Supply (b) The Department Contract Com Service. § 4—12.805—7 Processing of matters by pliance Officer or his authorized repre (1) While a case involving a protest agencies. sentative is responsible for determin before award is pending in the Office of (a) Complaints. Where complaints are ing contractor compliance under this the Comptroller General, no award may filed directly with the agency or Con section. be made except when, in the opinion tracting Officer, they shall be forwarded (c) Affirmative action compliance of the contracting officer, the needs of through the Contract Compliance Officer his station will not permit delay in or the agency to the Department Con programs for nonconstruction contrac tors are prescribed in Office of Federal awarding the contract. He will document tract Compliance Officer for necessary the specific reasons why the award must action. Contract Compliance Order No. 4 (41 be made and submit a request for ap (b) Investigations. Where the Depart CFR 60-2) reproduced at § 4-52.504-1. proval to the Director, Supply Service or ment is the Compliance Agency for the 3. Subpart 4-12.51—Equal Opportuthe Assistant Administrator for Con contractor or subcontractor against struction, whichever is appropriate. whom a complaint is filed, the DCCO nity Contract Requirements is deleted in its entirety. (2) The Director, Supply Service or shall institute an investigation which will the Assistant Administrator for Con be made by the Office of the Inspector Done at Washington, D.C. this 29th struction, whichever is appropriate, will General (OIG). day of July 1970. file a notice of intent to make the award (c) Investigation reports and sup with the Comptroller General and re porting documents shall be referred by J oseph M. R obertson, OIG exclusively to the DCCO who shall Assistant Secretary quest advice as to the status of the case. be responsible for determining adequacy for Administration. Upon receipt of this advice, the Director, of the Investigation and for processing [F.R. Doc. 70-10020; Filed, July 81, 1970; Supply Service or the Assistant Admin the complaint. 8:51 a.m.] istrator for Construction will approve FEDERAL REGISTER, V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 RULES AND REGULATIONS 12341 the request or advise the contracting of Subpart 8-6.52— Clearance of Vet (19 CFR 8.28(c), 8.59) This procedure ficer as to the action to be taken. erans Administration Shipments will obviate the need to secure the serv ices of an outside customs broker. (c) Protest after award. When a writ Through Customs ten protest is lodged with the contract Sec. These regulations are effective imme ing officer, he will review the basis for 8-6.5200 Scope of subpart. diately. award. 8-6.5201 Procedure. (1) If the contracting officer deter Approved: July 28,1970. • Authority : The provisions of this Sub mines that the award was proper, he part 8-6.52 issued under sec. 205(c), 63 By direction of the Administrator. will furnish the protester a written ex Stat. 390, as amended, 40 Stat. 486(c); sec. [seal] F red B. R hodes; planation of the basis for the award, 210(c), 72 Stat. 1114,38 IJ.S.C. 210(c). Deputy Administrator. responsive to the allegations of the pro § 8—6.5200 Scope of subpart. [F.R. Doc. 70-9973; Filed, July 31, 1970; test, and advise the protester that he 8:47 a.m.] may appeal the determination to the Di This subpart sets forth procedures to be employed by Veterans Administra rector, Supply Service (or the Assistant tion contracting officers to clear ship Administrator for Construction in the ments through customs, without em Title 5— ADMINISTRATIVE case of a Central Office construction con ploying an outside customs broker. tract) or the Comptroller General. PERSONNEL (2) If the contracting officer deter § 8—6.5201 Procedure. (a) When a field station is advised by Chapter I— Civil Service Commission mines that the award is questionable, the Bureau of Customs, Treasury De he will advise the contractor of the pro partment that a foreign origin shipment, PART 213— EXCEPTED SERVICE test and invite him to submit his views consigned to the station, has arrived at Post Office Department and relevant information. At the same the customhouse, the contracting officer Section 213.3211 is added to show that time, the contracting officer will seek to will request customs Form 3461, Appli positions of Postal Inspector are ex obtain a mutual agreement with the con cation and Special Permit for Imme diate Delivery, from the collector of cus cepted under Schedule B. Effective on tractor to suspend performance on a no- toms. This form may be completed on publication in the F ederal R egister, cost basis. Whether or not the contractor an individual basis. If, however, the § 213.3211 is added as set out below. agrees, the case will be submitted number of such purchases during the § 213.3211 Post Office Department. promptly to the Director, Supply Service year warrants it, the form will be com (a) General. (1) Positions of Post (or the Assistant Administrator for Con pleted on a yearly basis in compliance Office Inspector. struction in the case of a Central Office with customs requirements. <5 TJ.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954r- (b) On receipt of the customs Form 58 Comp., p. 218) construction contract) who will either 3461, the collector of customs will fur advise the contracting officer of the ap nish the contracting officer with neces U nited S tates Civil S erv propriate action to take, or submit the sary instructions to follow to secure the ice Commission, case to the Comptroller General for his shipment. He will also, in the absence of [seal] J ames C. S pry, decision. other objections, clear the shipment for Executive Assistant to delivery. Should a duty be payable on the Commissioners. 2. In Part 8-6, Subpart 8-6.52 isthe merchandise, a bill covering such [F.R. Doc. 70-10089; Filed, July 31, 1970; added to read as follows : charges will be forwarded to the station. 8:51 a.m.] FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12342 Proposed Rule Making (b) Declarations of estimated tax. In the on the regular due date for that in DEPARTMENT OF THE TREASURY case of a taxable year beginning before the stallment. In the case of an underpay date of the enactment of this Act, if any ment of tax which is only partly attrib Internal Revenue Service taxpayer is required to make a declaration or amended declaration of estimated tax, or utable to an amendment made by the [ 26 CFR Part 1 3 to pay any amount or additional amount of Act, section 946(a) of such Act shall estimated tax, by reason of the amendments apply only to the extent that such INTEREST AND PENALTIES IN CASE made by this Act, such amount or additional underpayment is so attributable. OF CERTAIN TAXABLE YEARS amount shall be paid ratably on or before (b) Declarations and payments of es each of the remaining installment dates for timated tax. (1) In the case of a taxable Notice of Proposed Rule Making the taxable year beginning with the first year beginning before December 30, installment date on or after the 30th day 1969, section 946(b) of the Tax Reform Notice is hereby given that the regula after such date of enactment. With respect tions set forth in tentative form below to any declaration or payment of estimated Act of 1969 provides transitional rules are proposed to be prescribed by the tax before such first installment date, sec with respect to the payment of estimated Commissioner of Internal Revenue, with tions 6015, 6154, 6654, and 6655 of the Inter tax and, in the case of an individual, the the approval of the Secretary of the n a l Revenue Code of 1954 shall be applied filing of a declaration of estimated tax. Treasury or his delegate. Prior to the without regard to the amendments made by Under such section 946(b) in the case of final adoption of such regulations, con this Act. For purposes of this subsection, the such a year, if any taxpayer is required term “installment date” means any date on to make a declaration or amended sideration will be given to any comments which, under section 6153 or 6154 of such or suggestions pertaining thereto which declaration of estimated tax, or to pay Code (whichever is applicable), an install any amount or additional amount of are submitted in writing, preferably in ment payment of estimated tax is required quintuplicate, to the Commissioner of to be made by the taxpayer. estimated tax, by reason of the amend Internal Revenue, Attention: CC: LR: T, ments made by the Act, such amount or Washington, D.C. 20224, within the pe § 1.9006—1 Interest and penalties in case additional amount shall be paid ratably o f certain taxable years. on or before each of the remaining in riod of 30 days from the date of publica stallment dates for the taxable year tion of this notice in the F ederal R egis (a) Interest on underpayment. The beginning with the first installment date ter. Any written comments or Internal Revenue Code of 1954 was on or after February 15, 1970. For pur suggestions not specifically designated as amended in many important respects by confidential in accordance with 26 CFR poses of section 946(b) of such Act and the Tax Reform Act of 1969. Certain of this section, the term “installment date” 601.601(b) may be inspected by any per these amendments affect taxable years means any date on which, under section son upon written request. Any person ending prior to December 30, 1969 (the submitting written comments or sugges 6153 or 6154 of the Code (whichever is date of enactment of the Act) and applicable), an installment payment of tions who desires an opportunity to com thereby may cause underpayments of estimated tax is required to be made by ment orally at a public hearing on these tax by a number of taxpayers for those the taxpayer. proposed regulations should submit his years. Under section 6601(a) of the request, in writing, to the Commissioner Code, interest at the rate of 6 percent (2) With respect to any declaration within the 30-day period. In such case, a per annum is imposed upon the amount or payment of estimated tax before Feb public hearing will be held, and notice of any such underpayment. The effect ruary 15, 1970, sections 6015, 6153, 6154, of the time, place, and date will be pub 6654, and 6655 of the Code shall be ap of section 946(a) of the Act is to prevent plied without regard to the amendments lished in a subsequent issue of the F ed the assessment or collection of interest eral R egister. The proposed regulations on an underpayment of tax for any tax made by such Act. Therefore, any under are to be issued under the authority con able year ending before December 30, payment which occurs solely by reason tained in section 7805 of the Internal 1969, if such underpayment is attribut of the amendments made by such Act Revenue Code of 1954 (68A Stat. 917; able to any amendment made by such shall not be treated as an underpayment 26 UJS.C. 7805). in the case of installment dates before Act, for the period from the due date for February 15, 1970. Similarly, in the case [seal] R andolph W. T hrower, payment until March 30, 1970. Thus, the of a taxpayer all of whose installment Commissioner of Internal Revenue. taxpayer is afforded an interest-free period of 90 days from the date of enact dates occur prior to February 15, 1970, In order to conform the Income Tax ment of such Act within which to ac no payment of estimated tax need be Regulations (26 CFR Part 1) to section count for the changes in the law made to reflect the amendments made 946 of the Tax Reform Act of 1969 (83 affecting him and to remit the amount by such Act. Stat. 729), such regulations are amended of such underpayment. If, on or after (3) The following example illustrates as follows: March 30, 1970, the amount of any un the application of the provisions of sub- P aragraph 1. There are inserted im derpayment (or portion thereof) at paragraphs (1) and (2) of this para mediately after § 1.9005-5 the following tributable to an amendment made by graph: new sections: the Act remains unpaid, then, as of such Example. A, a fiscal year taxpayer with a taxable year from July 1, 1969, through T ax R eform Act of 1969 date, such underpayment (or portion thereof) shall be subject to interest as June 30, 1970, had, without regard to the § 1.9006 Statutory provisions; Tax Re provided by section 6601 of the Code, to enactment of the Tax Reform Act of 1969, a form Act of 1969. total tax liability, which would have been be computed from such date. However, shown on his return, of $500. A is not a Section 946 of the Tax Reform Act of if a corporation or farmers’ cooperative farmer or fisherman described in section 1969 (83 Stat. 729) provides as follows: elects to pay its final tax in two install 6037(b). A’s tax liability is increased by $20 Sec. 946. Interest and penalties in case of ments under section 6152 of the Code to $520, attributable to an amendment made certain taxable years—(a) Interest on under and if the second installment is due by such Act. A makes an installment pay payment. Notwithstanding section 6601 of after March 30, 1970, then, in order to ment of estimated tax of $90 on each of the the Internal Revenue Code of 1954, in the escape the imposition of interest under following four installment dates: October 15, case of any taxable year ending before the section 6601, such corporation or coop 1969; December 15, 1969; March 15, 1970; and date of the enactment of this Act, no inter erative heed pay only one-half of the July 15, 1970. Assume that A is unaffected est on any underpayment of tax, to the ex by the exceptions provided in section 6654(d). tent such underpayment is attributable to additional tax arising from an amend Therefore, A is underpaid by $10 on both the amendments made by this Act, shall be ment made by the Act before March 30, October 15 and December 15, and by $18 on assessed or collected for any period before 1970, with the remaining one-half pay both March 15 and July 15. Such underpay the 90th day after such date. able as part of the second installment ments are computed as follows: FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 PROPOSED RULE MAKING 12343 (a) October 15 and December 15 In (ix) Act section 421 (a), which amends ternal Revenue, with the approval of the stallment dates: section 305 of the Code and which ap Secretary of the Treasury or his dele (1) Tax without regard to Tax Re plies to distributions made after Janu gate. Prior to the final adoption of such form Act of 1969------$500 regulations, consideration will be given (2) 80% of item (1)______400 ary 10,1969. (3) Minimum payment to avoid un (x) Act sections 516 (a) and (d), to any comments or suggestions per derpayment, determined without which add section 1001(e) to the Code taining thereto which are submitted in regard to Act: and which apply to sales of life estates writing, preferably in quintuplicate, to October 15, 1969 (25% of item made after October 9, 1969. the Commissioner, of Internal Revenue, (2)) ...... — ...... 100 (xi) Act section 601, which amends Attention: CC:LR:T, Washington, D.C. December 15, 1969 (25% of item section 103 of the Code and which ap 20224, within the period of 30 days from (2)) ______100 plies to obligations issued after Octo the date of publication of this notice in (4) Actual payment: the ¡¡Federal R egister. Any written com October 15, 1969------90 ber 9, 1969. December 15, 1969______90 (xii) Act section 703 which amends ments or suggestions not specifically (5) Amount of underpayment: sections 46(b) and 47(a) of the Code designated as confidential in accordance October 15, 1969 ($100—$90)____ 10 and which applies to section 38 property with 26 CFR 601.601(b) may be in December 15, 1969 ($100—$90)__ 10 built or acquired after April 18, 1969. spected by any person upon written re (b) March 15 and July 15 installment (xiii) Act section 905, which adds sec quest. Any person submitting written dates: tion 311(d) to the Code and which ap comments or suggestions who desires (1) - Tax with regard to Act_____ 520 plies to distributions made after Novem an opportunity to comment orally at a (2) 80% of item „(l)______416 public hearing on these proposed regula (3) Less total of minimum payments ber 30, 1969. to avoid underpayment, deter (2) In addition to the references intions should submit his request, in writ mined without regard to Act for subparagraph (1) of this paragraph, ing, to the Commissioner within the October 15, 1969 and December 15, section 946(b) of the Tax Reform Act 30-day period. In such case, a public 1969 ($100+ $100)______200 of 1969 may apply to taxpayers affected hearing will be held, and notice of the by the following sections, among others, time, place, and date will be published (4) Difference of items (2) and (3 ). 216 of such Act: in a subsequent issue of the F ederal (5) Minimum payment to avoid (i) Act section 201(a), which adds R egister. The proposed regulations are underpayment, determined with regard to Act: section 170(e) to the Code and which to be issued under the authority con March 15 (50% of $216)...... - 108 applies to contributions paid after De tained in section 7805 of the Internal July 15 (50% of $216)__ 108 cember 31, 1969. Revenue Code of 1954 (68A Stat. 917; (6) Actual payment: (ii) Act sections 501 (a) and (b), 26 U.S.C. 7805). March 15______90 which amend section 613 of the Code July 15______90 and which apply to taxable years be [seal] W illiam H. S mith, (7) Amount of underpayment: ginning after October 9, 1969. Acting Commissioner March 15 ($108—$90)______18 (iii) Act sections 516 (c) and (d) of Internal Revenue. July 15 ($108—$90)______- ____ 18 which add section 1253 to the Code and In order to conform the Income Tax (c) Cross references. (1) Taxpayerswhich apply to transfers after Decem- Regulations (26 CFR Part 1) and the affected by the following sections, among • ber 31, 1969. regulations on Procedure and Adminis others, of the Tax Reform Act of 1969 (iv) Act section 701(a), which amends tration (26 CFR Part 301) under section may be subject to the provisions of sec section 51 of the Code and which ap 6012(a) (1) of the Internal Revenue Code tion 946 (a) or (b) (whichever is ap plies to taxable years ending after of 1954 to section 941 of the Tax Reform plicable) of such Act: December 31, 1969, and beginning before Act of 1969 (83 Stat. 726), such regu (i) Act section 201(a), which adds July 1, 1970. lations are amended as follows: section 170(f) (2) to the Code and which [F.R. Doc. 70-10022; Filed, July 31, 1970; I ncome Tax R egulations (26 CFR applies to gifts made after July 31, 1969. 8:51 am .] (ii) Act section 201(c), which repeals P art 1) section 673(b) of the Code and which ap P aragraph 1. Section 1.6012 is amended plies to transfers in trust made after [ 26 CFR Parts 1, 31 l by revising paragraph (1) of section 6012 April 22, 1969. (a) and the historical note to read as (iii) Act section 212(c), which amends EXTENSION OF WITHHOLDING TO follows: section 1031 of the Code and which ap SUPPLEMENTAL UNEMPLOYMENT § 1.6012 Statutory provisions; persons plies to taxable years to which the 1954 COMPENSATION BENEFITS Code applies. required to make returns of income. (iv) Act section 332, which amends Notice of Proposed Rule Making Sec. 6012. Persons required to make re turns of income—(a) General rule. Returns section 677 of the Code and which ap Correction plies to property transferred in trust with respect to Income taxes under subtitle after October 9,1969. In F.R. Doc. 70-9704, appearing at A shall be made by the following: (y) Act section 411(a), which adds page 12064 in the issue for Tuesday, [Applicable to taxable years beginning after section 279 to the Code and which ap July 28, 1970, the following changes Dec. 31, 1969, and before Jan. 1, 1973] plies to interest paid or incurred on an should be made in § 31.3401 (a)-1 (1) (A) Every individual having for the indebtedness incurred after October 9, (b) (14) (iii): taxable year a gross income of $600 or more,' 1969. 1. In the 24th line, the word “that” except that a return shall not be required of should appear only once. an individual (other than an individual re (vi) Act sections 412 (a) and (b), ferred to in section 142(b)) — which adds section 453(b) (3) to the Code 2. The 29th line, now reading “that (i) Who is not married (determined by and which apply to sales or other disposi condition does in fact occur.”, should applying section 143(a)) and for the taxable tions occurring after May 27,1969, which read “fact that the employees’ collective year has a gross income of less than $1,700, are not made pursuant to a contract bar-”. or entered into on or before that date. (ii) Who is entitled to make a joint return (vii) .Act section 413, which amends [ 26 CFR Parts 1, 301 ] under section 6013 and whose gross income, sections 1232(a), 1232(b)(2), and 6049 when combined with the gross income of his spouse, is, for the taxable year, less than of the Code and which applies to bonds FILING REQUIREMENTS FOR $2,300 but only if such individual and his and other evidences o f. Indebtedness INDIVIDUALS spouse, at the close of the taxable year, had issued after May 27, 1969. the same household as their home. ,. Act section 414, which adds sec Notice of Proposed Rule Making Clause (ii) shall not apply if for the taxable tion 249 to the Code and which applies Notice is hereby given that the regula year such spouse makes a separate return or ®onvertible bonds or other convertible any other taxpayer is entitled to an exemp tions set forth in tentative form in the tion for such spouse under section 151(e). evidences of indebtedness repurchased attached appendix are proposed to be (B) The $1,700 amount specified in sub- after April 22,1969. prescribed by the Commissioner of In paragraph (A) (i) shall be increased to $2,300 No. 149---- 5 FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12344 PROPOSED RULE MAKING in the case of an individual entitled to an (a) Who is not married (as deter the age of 65 before the close of the tax additional personal exemption under section mined by applying section 143(a) and able year such return must be filed only 151(c)(1), and the $2,300 amount specified the regulations thereunder) must file an if their combined gross income is $4,000 in subparagraph (A) (ii) shall be increased by $600 for each additional personal exemp income tax return only if he receives or more. However, this subdivision tion to which the individual or his spouse is $1,700 or more of gross income during his (iii) (b) shall not apply if the individual entitled under section 151(c); taxable year, except that if such an indi and his spouse did not have the same household as their home at the close of [Applicable to taxable years beginning after vidual has attained the age of 65 before Dec. 31, 1972] the close of his taxable year an income their taxable year, if such spouse files a tax return must be filed by such indi separate return for a taxable year which (1) (A) Every individual having for the vidual only if he receives $2,300 or more includes any part of such individual’s taxable year a gross income of $750 or more, except that a return shall not be required of of gross income during his taxable year. taxable year, or if any other taxpayer; an individual (other than an individual re (b) Who is entitled to make a joint is entitled to an exemption for the tax ferred to in section 142(b))— return under section 6013 and the reg payer or his spouse under section 151(e) (i) Who is not married (determined by ulations thereunder must file an income for such other taxpayer’s taxable year, applying section 143(a)) and for the taxable tax return only if his gross income re beginning in the calendar year in which year has a gross income of less than $1,750, ceived during his taxable year, when such individual's taxable year begins. or combined with the gross income of his (ii) Who is entitled to make a joint return For example, a married student more under section 6013 and whose gross income, spouse received during his taxable year, than half of whose support is furnished when combined with the gross inoome of his is $2,300 or more. However, if such in by his father must file an income tax spouse, is, for the taxable year, less than dividual or his spouse has attained the return if he receives $750 or more of gross $2,500 but only if such individual and his age of 65 before the close of the taxable income during the taxable year. spouse, at the close of the taxable year, had year an income tax return must be filed (iv) For purposes of section 6012(a) the same household as their home. by such individual only if their combined (1) (A) (ii) and subdivisions (ii) (b) and Clause (ii) shall not apply if for the taxable gross income is $2,900 or more. If both (iii) (b) of this subparagraph, an in year such spouse makes a separate return or the individual and his spouse have at dividual and his spouse are considered to any other taxpayer is entitled to an exemp tained the age of 65 before the close of have the same household as their home tion for such spouse under section 151(e). the taxable year such return must be at the close of a taxable year if the same (B) The $1,750 amount specified in sub- filed only if their combined gross income paragraph (A) (i) shall be increased to household constituted the principal place $2,500 in the case of an individual entitled is $3,500 or more. However, this sub of abode of both the individual and his to an additional personal exemption under division (ii) (b) shall not apply if the spouse at the close of such taxable year section 151(c)(1), and the $2,500 amount individual and his spouse did not have (or on the date of death, if the individual specified in subparagraph (A) (ii) shall be the same household as their home at or his spouse died within the taxable Increased by $750 for each additional per the close of their taxable year, if such year). The individual and his spouse will sonal exemption to which the individual spouse files a separate return for a tax be considered to have the same household or his spouse is entitled under section 151 (c). able year which includes any part of as their home at the close of the taxable ***** such individual’s taxable year, year notwithstanding a temporary ab [Sec. 6012 as amended by sec. 72(a), Tech sence from the. household due to spe nical Amendments Act 1958 (72 Stat. 1660); or if any other taxpayer is entitled to sec. 206(b)(1), Rev. Act 1964 (78 Stat. 40) ; an exemption for such individual or his cial circumstances, as, for example, in sec. 941, Tax Reform Act 1969 (83 Stat. 726) ] spouse under section 151(e) for such the case of a nonpermanent failure on other taxpayer’s taxable year begin the part of the individual and his spouse P ar. 2. Paragraph (a) of § 1.6012-1 is ning in the calendar year in which such to have a common abode by reason of ill amended by revising subparagraphs (1), individual’s taxable year begins. For ness, education, business, vacation, or (2), and (4) thereof to read as follows: example, a married student more than military service. For example, A, a § 1.6012—1 Individuals required to make half of whose support is furnished by calendar-year individual under 65 years returns of income. his father must file an income tax re of age, is married to B, also under 65 (a) Individual citizen or resident—• turn if he receives $600 or more of gross years of age, and is a member of the (1) In general. Except as provided in income during his taxable year. Armed Forces of the United States. Dur subparagraph (2) of this paragraph, an (iii) For taxable years beginning aftering 1970 A is transferred to an overseas income tax return must be filed by every December 31, 1972, an individual de base. A and B give up their home, which individual for each ^taxable year begin scribed in subparagraph (1) of this they had jointly occupied until that ning before January 1, 1973, during paragraph (other than an individual re time; B moves to the home of her par which he receives $600 or more of gross ferred to in section 142(b)) — ents for the duration of A’s absence. income, and for each taxable year begin (a) Who is not married (as deter They fully intend to set up a new joint ning after December 31, 1972, timing mined by applying section 143(a) and household upon A’s return. Neither A nor which he receives $750 or more of gross the regulations thereunder) must file B must file a return for 1970 if their com income, if such individual is— an income tax return only if he receives bined gross income for the year is less (1) A citizen of the United States, $1,750 or more of gross income during than $2,300 and if no other taxpayer is whether residing at home or abroad, his taxable year, except that if such an entitled to a dependency exemption for (ii) A resident of the United States individual has attained the age of 65 A or B under section 151(e). even though not a citizen thereof, or before the close of his taxable year an (v) In the case of a short taxable year (iii) An alien bona fide resident of income tax return must be filed by such referred to in section 443(a) (1), an in Puerto Rico during the entire taxable individual only if he receives $2,500 or dividual described in subparagraph (1) year. more of gross income during his taxable of this paragraph shall file an income (2) Special rules, (i) For taxable years yeari tax return if his gross income received beginning before January 1, 1970, an (b) Who is entitled to make a joint during such short taxable year equals individual who is described in subpara return under section 6013 and the regu or exceeds his own personal exemption graph (1) of this paragraph and who lations thereunder must file an income allowed by section 151(b) (prorated as has attained the age of 65 before the tax return only if his gross income re provided in section 443(c)) and, when close of his taxable year must file an ceived during his ^taxable year, when applicable, his additional exemption for income tax return only if he receives combined with the gross income of his age 65 or more allowed by section $1,200 or more of gross income during his spouse received during his taxable year, 151(c) (1) (prorated as provided in sec taxable year. is $2,500 or more. However, if such in tion 443(c)). (ii) For taxable years beginning after dividual or his spouse has attained the * * * ♦ * December 31,1969, and before January 1, age of 65 before the close of the taxable (4) Return of income of minor. A 1973, an individual described in subpara year an income tax return must be filed minor is subject to the same require graph (1) of this paragraph (other than by such individual only if their com an individual referred to in section bined gross income is $3,250 or more. If ments and elections for making returns 142(b)) — both the individual and his spouse attain of income as are other individuals. Thus, FEDERAL REGISTER. V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 PROPOSED RULE MAKING 12345 for example, for a taxable year begin income, when combined with the gross in tions. The amendment also would pre ning after December 31, 1972, a return come of his spouse, is, for the taxable year, scribe modified grade requirements for less than $2,500 but only if such individual must be made by or for a minor who has and his spouse, at the close of the taxable specified styles of olives of the ripe type an aggregate of $1,750 of gross income year, had the same household as their home. in the interest of improving consumer from funds held in trust for him and acceptance. from his personal services, regardless of Clause (ii) shall not apply if for the tax The proposed amendments would be able year such spouse makes a separate re the amount of his taxable income. The turn or any other taxpayer is entitled to an made effective on September 1,1970, and return of a minor must be made by the exemption for such spouse under section are as follows: minor himself or must be made for him 151(e). A. A new section is added to read as by his guardian or other person charged (B) The $1,750 amount specified in sub- follows : with the care of the minor’s person or paragraph (A) (i) shall be increased to $2,500 Section 932.149 modified grade require property. See paragraph (b)(3) of in the case of an individual entitled to an ments for specified styles of canned § 1.6012-3. See § 1.73-1 for inclusion in additional personal exemption under section olives of the ripe type. 151(c)(1), and the $2,500 amount specified the minor’s gross income of amounts re in subparagraph (A) (ii) shall be increased The grade requirements prescribed in ceived for his personal services. For the by $750 for each additional personal exemp § 932.52(a) (1) are modified with respect amount of tax which is considered to tion to which the individual or his spouse to specified styles of olives of the ripe have been properly assessed against the is entitled under section 151 (c); type as follows : parent, if not paid by the child, see sec ***** (a) Canned whole olives of the ripe tion 6201(c) and paragraph (c) of (Sec. 6012 as amended by sec. 72(a), Tech type shall grade at least U.S. Grade C, § 301.6201-1 of this chapter (Regula nical Amendments Act 1958 ( 72 Stat. 1660); and shall meet the requirements of Grade tions on Procedure and Administration). sec. 206(b)(1), Rev. Act 1964 ( 78 Stat. 40); B with respect to uniformity of size, sfc * * * sec. 941, Tax Reform Act 1969 (83 Stat. 726)) character, and absence of defects; (b) Canned pitted olives of the ripe Par. 3. Section 301.6012 is amended by [F.R. Doc. 70-9960; Filed, July 31, 1970; 8:46 a.m.] type shall grade at least U.S. Grade C, revising paragraph (1) of section 6012 and shall meet the requirements of (a) and the historical note to read as Grade B with respect to character; follows: (c) Canned broken pitted olives of §301.6012 Statutory provisions; per the ripe type shall grade at least U.S. sons required to make returns of DEPARTMENT OF AGRICULTURE Grade C, and shall meet the require income. Consumer and Marketing Service ments of Grade B with respect to char Sec. 6012. Persons required to make re [ 7 CFR Part 932 1 acter; and turns of income— (a) General rule. Returns (d) Terms used in the amended mar with respect to income taxes under subtitle OLIVES GROWN IN CALIFORNIA keting agreement and order shall, when A shall be made by the following: used herein, have the same meaning as Notice of Proposed Rule Making [Applicable to taxable years beginning after is given to the respective term in said Dec. 31, 1969, and before Jan. 1, 1973] Notice is hereby given that the Depart amended marketing agreement and or (1) (A) Every individual having for the ment is considering the proposed amend der; “U.S.Grade B”, “U.S. Grade C”, and taxable year a gross income of $600 or more, ment, as hereinafter set forth, to the the terms “uniformity of size”, “char except that a return shall not be required rules and regulations (Subpart—Rules acter”, “absence of defects” and “ripe of an individual (other than an individual and Regulations; 7 CFR 932.108-932.- type” shall have the same meaning as referred to in section 142(b)) — 161) ; currently effective pursuant to the when used in the U.S. Standards for (i) Who is not married (determined by applicable provisions of the marketing Canned Ripe Olives (§§ 52.3751-52.3766 applying section 143(a)) and for the taxable of this title). year has a gross income of less than $1,700, agreement, as amended, and Order No. or 932, as amended (7 CFR Part 932) reg B. The provisions of § 932.150 Changes (ii) Who is entitled to make a joint re ulating the handling of olives grown in in percentage tolerances for canned turn under section 6013 and whose gross California. This is a regulatory program whole ripe olives are amended as follows : income, when combined with the gross in effective under the Agricultural Market 1. The language preceding paragraph come of his spouse, is, for the taxable year, ing Agreement Act of 1937, as amended (a) thereof is revised to read as follows: less than $2,300 but only if such individual (7 U.S.C. 601-674). The amendment to and his spouse, at the close of the taxable “The percentage tolerances for canned year, had the same household as their home. the said rules and regulations was pro whole ripe olives, set forth in § 932.52(a) posed by the Olive Administrative Com (2), are changed as follows”; Clause (ii) shall not apply if for the tax mittee, established under the said mar 2. The provisions of paragraph (e) able year such spouse makes a separate re keting agreement and order as the turn or any other taxpayer is entitled to an are amended by changing the date exemption for such spouse under section agency to administer the terms and pro “August 31, 1970” to “August 31, 1971”. 161(e). visions thereof. All persons who desire to submit data, (B) The $1,700 amount specified in sub- The amendment of the language pre views, or arguments for consideration in paragraph (A) (i) shall be increased to $2,300 ceding paragraph (a) of § 932.150 would in the case of an individual entitled to an delete a reference to paragraph (e) connection with the proposal may file the additional personal exemption under section which is no longer appropriate. Para same with the Hearing Clerk, U.S. De 151(c)(1), and the $2,300 amount specified graph (e) now concerns only the ter partment of Agriculture, Room 112, Ad in subparagraph (A) (ii) shall be increased mination date of said section. At the ministration Building, not later than by $600 for each additional personal exemp time the reference was included, such the 10th day after publication of the tion to which the Individual or his spouse notice in the F ederal R egister. All writ is entitled under section 151(c); paragraph related to percentage toler ances for the year ending August 31, ten submissions made pursuant to this [Applicable to taxable years beginning after notice will be made available for public Dec. 31, 1972] 1968. Hence, the reference became obso lete on such date. The amendment with inspection at the Office of the Hearing (1) (A) Every individual having for the respect to § 932.150(e) would continue Clerk during regular business hours (7 taxable year a gross income of $750 or more, the provisions of such section until Au CFR 1.27(b)). except that a return shall not be required gust 31, 1971. Such provisions, which of an individual (other than an individual Dated: July 29,1970. referred to in section 142(b)) — provide liberalized tolerances for canned F loyd F. H edlund, (i) Who is not married (determined by ripe olives are scheduled to terminate Director, Fruit and Vegetable applying section 143(a)) and for the taxable August 31, 1970. The committee reports year has a gross income of less than $1,750, Division, Consumer and Mar or that efficient canning procedures require keting Service. (ii) Who is entitled to make a joint re that such liberalized tolerances be con [F.R. Doc. 70-10018; Filed, July 31, 1970; turn under section 6013 and whose gross tinued in the light of current crop condi- 8:50 a.m.] FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12346 PROPOSED RULE MAKING pital inpatient costs are divided by the U.S.C. 552 et seq.) that the regulations total allowable hospital inpatient set forth in tentative form are proposed DEPARTMENT OF HEALTH, charges; the resulting percentage is ap by the Commissioner of Social Security, plied to the bill of each inpatient under with the approval of the Secretary of EDUCATION, AND WELFARE the medical assistance program. Health, Education, and Welfare. The Social and Rehabilitation Service (iii) As an alternative to subdivisions proposed regulations set forth interim (i) "and (ii) of this subparagraph, for principles for determining the inpatient [ 45 CFR Part 250 1 each State for which the Secretary has routine nursing salary cost differential REASONABLE CHARGES approved on a demonstration or experi as an element of reimbursable cost mental basis the use of a reimbursement under the Hospital Insurance program. Notice of Proposed Rule Making plan for the payment of reasonable costs Further studies will be conducted to as by methods other than those described certain whether and how such a differ Notice is hereby given that the regula in subdivisions (i) and (ii) of this sub- ential should be applied in the future in tions set forth in tentative form below paragraph, apply the standards and the course of reimbursement on the basis are proposed by the Administrator, So principles as described in said State’s of cost. cial and Rehabilitation Service, with the approved reimbursement plan. Criteria Prior to the final adoption of the pro approval of the Secretary of Health, Ed for approval of such proposed plan will posed regulations, consideration will be ucation, and Welfare. The proposed reg include: given to any data, views, or arguments ulations relate to reasonable costs for in (o) Incentives for efficiency and econpertaining thereto which are submitted patient hospital services in the medical omy; in writing in duplicate to the Commis assistance program under title XIX of (b) Reimbursement on a reasonable sioner of Social Security, Department of the Social Security Act. cost basis; Health, Education, and Welfare Build Prior to the adoption of the proposed (c) Reimbursement not to exceed that ing, Fourth and Independence Avenue regulations, consideration will be given produced under available title XVIII SW., Washington, D.C. 20201, within a to any comments, suggestions, or objec methods of apportionment; period of 30 days from the date of pub tions thereto which are submitted in lication of this notice in the F ederal writing to the Administrator, Social and id) Assurance of adequate participa tion of hospitals and availability of hos R egister. Rehabilitation Service, Department of pital services of high quality to title The proposed regulations are to be Health, Education, and Welfare, 330 In XIX recipients; issued under the authority contained in dependence Avenue SW., Washington, (e) Adequate documentation for evalsections 1102, 1814(b), 1861 (v), 1871, 49 D.C. 20201, within a period of 30 days uation of experience under the State’s Stat. 647 as amended, 79 Stat. 296, 79 from the date of publication of this no approved reimbursement plan. Stat. 322, 79 Stat. 331; 42 U.S.C. 1302, tice in the F ederal R egister. 1395 et seq. The proposed regulations are to be is In developing such plans, State title XIX sued under section 1102, 49 Stat. 647, 42 agencies are encouraged to work closely Dated: June 8, 1970. UJS.C. 1302. with title V grantees, the Social Security R obert M. B all, Administration, and other governmental Commissioner of Social Security. Dated: June 15,1970. purchasers of hospital care in an attempt J ohn D. T winame, to achieve coordination in reimburse Approved: July 27,1970. Administrator, Social and ment methods within States. Approval Elliot L. R ichardson, Rehabilitation Service. by the Secretary of a reimbursement plan developed under* this subdivision Secretary of Health, Approved: July 27,1970. may be retroactive to January 1, 1970. Education, and Welfare. Elliot L. R ichardson, (iv) For the purposes of this subpara 1. Paragraphs (b) and (c) of § 405.404 Secretary. graph, other than subdivision (iii) of are revised to read as follows: this subparagraph, those States which Section 250.30(b) (1) is revised to read prohibit retroactive adjustments by § 405.404 Methods of apportionment as follows: under title XVIII. State law shall adjust current payments * * * * * § 250.30 Reasonable charges. in the light of anticipated reasonable ***** costs. Ordinarily, a State agency will use (b) The first alternative is to apply the beneficiaries’ share of total charges, (b) * * * a percentage adjustment of a hospital’s (1) Inpatient hospital services, (i) For reported costs to bring such costs in line on a departmental basis, to total costs each hospital also participating in the with current levels as nearly as they can for inpatient routine services provided Health Insurance for the Aged program be estimated in advance. Such percent into account, to the extent pertinent, under title XVIH of the Social Security age adjustment will then be revised as for impatient routine services provided Act, apply the same standards, cost re frequently as circumstances warrant after June 30, 1969, an inpatient routine porting period, cost reimbursement prin during the course of the year. Where the nursing salary cost differential. Use of ciples, and method of cost apportionment State agency’s payments exceed the ac this department-by-department method currently used in computing reimburse tual level of reasonable costs, the hospi will involve determination, by cost-find ment to such hospital under title XVHI tal shall be required by the State agency ing methods, of the total costs for each of the Act with the following exception: to make the necessary adjustments. of the institution’s departments that Effective July 1, 1969, the inpatient rou ***** are revenue-producing; i.e., departments tine services costs for medical assistance [F.R. Doc. 70-9980; Filed, July 31, 1970; providing services to patients for which recipients will be determined after sub 8:48 a.m.] charges are made. tracting the title XVIII inpatient routine (c) The second alternative is a com nursing salary cost differential from to Social Security Administration bination method. Under this method, as, tal allowable inpatient routine service applied to inpatient care, that part of costs. [ 20 CFR Part 405 I a provider’s total allowable cost which (ii) For each hospital not participat [Regs. No. 5] is attributable to routine services (room, board, nursing services) is to be appor ing in the program under title XVHI of FEDERAL HEALTH INSURANCE FOR the Act, apply the standards and prin tioned on the basis of the relative num ciples described in 20 CFR 405.402- THE AGED ber of patient days for beneficiaries 405.454 excluding, effective July 1, 1969, Principles of Reimbursement for Pro and for other patients; taking into ac the inpatient routine nursing salary cost count, to the extent pertinent, for in vider Costs and for Services by patient routine services provided after differential and either (a) one of the Hospital-Based Physicians available alternative cost apportionment June 30,1969, an inpatient routine nurs methods in 20 CFR 405.404 or (fc) the I npatient R outine N ursing Salary Cost ing salary cost differential. The residual “Gross RCCAC method” of cost appor D ifferential part of the provider’s allowable cost, tionment applied as follows: For a re Notice is hereby given, pursuant to attributable to nonroutine or ancillary porting period, the total allowable hos the Administrative Procedure Act (5 services, is to be apportioned on the FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 PROPOSED RULE MAKING 12347 basis of the beneficiaries’ share of the (7) Adjusted inpatient routine nurs(excluding nursery patients), plus 8 V2 total charges to patients by the provider ing salary cost. The adjusted inpatient percent thereof, by (B) total inpatient for nonroutine or ancillary services. The routine nursing salary cost attributable days (excluding nursery days), plus 8 V2 amounts computed to be the program’s to title XVIII beneficiaries is determined percent of aged, pediatric, and maternity share of the two parts of the provider’s on a per diem basis and is arrived at by days. This quotient is the adjusted aver allowable costs are then combined in dividing (A) total inpatient routine nurs age per diem inpatient routine nursing determining the amount of reimburse ing service salary costs for all patients salary cost. ment under the program. Use of the combination method will necessitate Inpatient routine nursing salary (excluding nursery cost finding to determine the division Adjusted per diem Inpatient salary) costs X 1.085 of the provider’s total allowable costs routine nursing salary (ex- Total inpatient days (excluding nursery days) less aged, into the two parts, although it would be eluding nursery salary) cost pediatric, and maternity days+ Aged, pediatric, and less involved than for the first alterna maternity daysx 1.085 tive, the department-by-department method. (8) Inpatient routine nursing salarying nursery salary) cost for all patients ***** cost differential. The inpatient routine and the average per diem inpatienj rou 2. A new § 405.430 is added to readnursing salary cost differential is deter tine nursing salary (excluding nursery as follows: mined on a per diem basis and is the difference between the adjusted per diem salary) cost for all patients, and is il § 405.430 Inpatient routine nursing sal inpatient routine nursing salary (exclud- lustrated in paragraph (e) of this section. ary cost differential. (a) Principle. In recognition of the Per diem differential = Adjusted per diem inpatient routine nursing salary (excluding above average cost of inpatient routine nursery salary) cost—Average per diem inpatient routine nurs nursing care furnished to aged patients, ing salary (excluding nursery salary) cost an inpatient routine nursing salary cost differential is allowable as a reimbursable (c) Application. (1) Studies have in ferential, as defined in paragraph (b) (8) cost of the provider. The differential ap dicated that aged patients (both program of this section, shall be included in full plicable to such inpatient routine nurs beneficiaries and nonbeneficiaries), on as an element in the computation of the ing salary costs of aged patients is, be the average, received inpatient routine provider’s reimbursable cost. ginning with the effective date of this nursing care that is more costly on an (2) Cost reporting period ending be provision and until a redetermined rate average per day basis than the average fore July 1. 1969. With respect to any is made effective, at the rate of 8 V2 per of the remainder of the adult patient cost reporting period ending before July cent. The differential shall be redeter population. A similar conclusion is 1, 1969, there shall not be included as an mined as described in § 405.430(c) (1). also generally assumed to hold with element in the computation of the pro (b) Definitions—(1) Aged dap. Aged respect to the inpatient routine nurs vider’s reimbursable costs any inpatient day means a day of care rendered to an ing services received by pediatric and routine nursing salary cost differential. inpatient 65 years of age or older. maternity patients. It is appropriate (3) Cost reporting period beginning (2) Pediatric day. Pediatric day means that such greater costs of providing these before July 1, 1969, and ending after a day of care rendered to an inpatient services, which are attributable to caring June 30, 1969. With respect to any cost less than age 14 who is not occupying for title XVIII beneficiaries and which reporting period beginning before July a bassinet for the newborn in the nursery. are sufficiently supported by such stud 1, 1969, and ending after June 30, 1969, (3) Maternity day. Maternity day ies, be recognized by the program in its an inpatient routine nursing salary cost means a day of care rendered to a female reimbursement. In the determination of differential shall be computed in accord inpatient admitted for delivery of a child. health insurance inpatient routine serv ance with the provisions of paragraph (4) Nursery day. Nursery day means ice costs the rate of 8 V2 percent has been (b) (8) of this section; but only the por a day of care rendered to an inpatient established, until the effective date of a tion of the inpatient routine nursing occupying a bassinet for the newborn in redetermination, as the inpatient routine salary cost differential equivalent to the the nursery. nursing salary cost differential for aged, part of the cost reporting period falling (5) Inpatient day. Inpatient day pediatric, and maternity patients. How after June 30, 1969, shall be included means a day of care rendered to any in ever, further studies will be conducted as an element of reimbursable cost. The patient (except an individual occupying periodically: (i) To determine the amount of the differential to be included a bassinet for the newborn in the amount of an inpatient routine nursing in the provider’s reimbursable costs is nursery). salary cost differential for the aged that computed by multiplying the per diem (6) Inpatient routine nursing salary is appropriate in the future; (ii) to as differential cost by the number of covered cost. Inpatient routine nursing salary certain what variations in differentials health insurance days during the report cost includes gross salaries and wages of should be established for such classes of ing period and apportioning this amount nurses and other personnel for nursing providers as may be found appropriate, by applying a fraction whose numerator activities performed in nursing units not and (iii) to obtain other pertinent data is the number of months after June 30, associated with the nursery and not as including data on nursing care costs for 1969, in the reporting period and whose sociated with services for which a sep maternity, pediatric, geriatric, and gen denominator is the total number of arate charge is customarily made. This eral medical and surgical patients. months in the reporting period. (Where cost includes gross salaries and wages of (2) It should be recognized that al a cost reporting period ends on a day head nurses, registered nurses, licensed though the inpatient routine nursing other than the last day of the month, practical and vocational nurses, aides, salary cost differential under the health the days after June 30, 1969, in the re orderlies, and ward clerks. It does not insurance program is established at a porting period shall be included in the include salaries and wages of admin rate of 8 yz percent, the effect of the dif numerator and the total days in the re istrative nursing personnel assigned to ferential on reimbursement to a particu porting period shall be included in the the departmental office or nursing per lar provider will also be a function of the denominator.) sonnel who perform their work in sur- relationship that total aged, pediatric, and maternity patient days of service (e) Examples—(1) Illustration of cal sery, central supply, recovery units, culation of differential for a cost report emergency units, delivery rooms, nur bears to total patient days of service (ex series, employee health service, or any cluding nursery days) rendered by that ing period beginning after June 30, 1969. other areas not providing general in provider. Routine nursing salary costs (ex patient care, nor does it include the sal (d) Effective dates—(1) Cost reporting cluding nursery costs)______$160, 000 aries and wages of personnel performing period beginning after June 30, 1909. Total inpatient days______12, 800 With respect to any cost reporting period Total inpatient days applicable to maintenance or other activities that do beneficiaries______3, 840 not consist directly of the care of beginning after June 30, 1969, the in Total aged, pediatric, and maternity patients. patient routine nursing salary cost dif- days ------5,120 FEDERAL REGISTER, VOL. 35, NO. T49— SATURDAY, AUGUST 1,-1970 12348 PROPOSED RULE MAKING Adjusted per diem inpatient rou illustration is added, to the extent perti tine nursing salary (excluding nent, for services provided after June 30, DEPARTMENT OF nursery salary) cost______b — $13.12 1969, an inpatient routine nursing salary $160,000X1.085 cost differential as defined and illus TRANSPORTATION (12,800 - 5,120) + (5,120 X 1.085) trated in §405.430.” 5. Paragraph (c) (3) (i) of § 405.452 is Federal Aviation Administration Average per diem routine nursing revised to read as follows: salary (excluding nursery salary) I 14 CFR Part 71 ] cost $160,000-7-12,800__ ___ .___ —12.50 (c) Application. * * * (3) Combination method—(i) Using [Airspace Docket No. 70-SW-45] Per diem differential______. 62 cost finding. A provider may, at its Allowable routine nursing salary option, elect to be reimbursed for the TRANSITION AREA cost differential applicable to cost of routine services on the basis of Proposed Designation beneficiaries for the reporting the average cost per diem, taking into period $0.62 X 3,840______2,381 account, to the extent pertinent, for serv The Federal Aviation Administration (2) Illustration of differential for a ices provided after June 30, 1969, an in is considering amending Part 71 of the cost reporting period "beginning before patient routine nursing salary cost Federal Aviation Regulations to desig July 1, 1969, and ending after June 30, differential (as defined and illustrated in nate a 700-foot transition area at New 1969. Assume the same statistical and § 405.430). To this amount is added the port, Ark. financial data in paragraph (e)(1) of cost of the ancillary services rendered Interested persons may submit such this section and that the provider’s cost to beneficiaries of the program deter written data, views or arguments as reporting period was for a 12-month mined by computing the ratio of total they may desire. Communications should period ending March 3l, 1970. inpatient charges for ancillary services be submitted in triplicate to the Chief, to beneficiaries to the total inpatient Air Traffic Division, Southwest Region, Potential routine nursing salary cost ancillary charges to all patients and Federal Aviation Administration, Post differential applicable to benefici applying this ratio to the total allow Office Box 1689, Fort Worth, Tex. 76101. aries for the reporting period------$2, 381 able cost of inpatient ancillary services. All communications received within 30 Allowable routine nursing salary cost days after publication of this notice in differential applicable to benefici Combination Method E mployed by the F ederal R egister will be considered aries for the reporting period H ospital B 9/12 X $2,381 = $1,786 before action is taken on the proposed Statistical and financial data : amendment. No public hearing is con 3. Paragraph (a) of § 405.452 is revised Total inpatient days for all pa templated at this time, but arrangements to read as follows: tients ______- _ 30,000 Inpatient days applicable to for informal conferences with Federal § 405.452 Determination of cost of serv beneficiaries ______7,500 Aviation Administration officials may be ices to beneficiaries. Inpatient routine services—total made by contacting the Chief, Air Traf allowable cost______$600, 000 fic Division. Any data, views, or argu (a) Principle. Total allowable costs of Inpatient ancillary services— ments presented during such confer a provider shall be apportioned between total allowable cost______$320,000 ences must also be submitted in writing program beneficiaries and other patients Inpatient ancillary services— in accordance with this notice in order to so that the share borne by the program is total charges-______$400,000 become part of the record for considera based upon actual services received by Inpatient ancillary services— tion. The proposal contained in this no program beneficiaries. To accomplish charges for services to bene ficiaries ______$80,000 tice may be changed in the light of this apportionment, the provider shall comments received. have the option of either of the two Computation of cost applicable to program: The official docket will be available for following methods: Average cost per diem for rou examination by interested persons at the (1) Departmental method. The ratio tine services: Office of the Regional Counsel, Southwest of beneficiary charges to total patient $600,000 -v- 30,000 days=$20 per Region, Federal Aviation Administra diem. charges for the services of each depart Cost of routine services (exclu tion, Fort Worth, Tex. An informal ment is applied to the cost of the depart sive of any inpatient routine docket will also be available for exam ment, taking into account, to the extent nursing salary cost differential ination at the Office of the Chief, Air pertinent, for services provided after pertinent for services provided Traffic Division. June 30,1969, an inpatient routine nurs after June 30, 1969) rendered It is proposed to amend Part 71 of the ing salary cost differential. (See § 405.430 to beneficiaries: $20 per diem X Federal Aviation Regulations as herein for definition and application of this 7,500 days______$150,000 Ratio of beneficiary charges to after set forth. differential.) total charges for all ancil In § 71.181 (35 F.R. 2134), the follow (2) Combination method. The cost of lary services: ing transition area is added: “routine services” for program benefici $80,000if - $400,000= 20 percent Newport, Ark. aries is determined on the basis of aver Cost of ancillary services ren age cost per diem of these services, taking dered to beneficiaries: 20 per That airspace extending upward from 700 cent X $320,000 ______64, 000 feet above the surface within a 6.5-mile into account, to the extent pertinent, for radius of Newport Municipal Airport (lat, services provided after June 30, 1969, Total cost (exclusive of any 35°38'25" N., long. 91°10'55" W.), and an inpatient routine nursing salary cost inpatient routine nursing within 3.5 miles each side of the 163° bearing differential (see § 405.430 for definition salary cost differential per from the Newport RBN (lat. 35°38'30'' N., and application of this differential). To tinent for services pro long. 91°10'00'' W.) extending from the 6.5- this amount is added the cost of ancil vided after June 30, 1969) mile radius area to 11.5 miles south of the lary services used by beneficiaries, deter of beneficiary services___ $214,000 RBN. This transition area will provide controlled mined by apportioning the total cost of To the cost of routine services and to airspace protection for aircraft executing ap- ancillary services on the basis of the ratio tal cost shown in the above illustration proach/departure procedures proposed to of beneficiary charges for ancillary are added, to the extent pertinent, for serve the Newport Municipal Airport at New services to total patient charges for such services provided after June 30, 1969, an port, Ark. services. inpatient routine nursing salary cost This amendment is proposed under the 4. In § 405.452(c) (2 ), the last sentence, differential as defined and illustrated in authority of section 307(a) of the Fed reading “The total reimbursement for § 405.430. eral Aviation Act of 1958 (49 U.S.C. services rendered by the provider to the * * * * * 1348) and of section 6(c) of the Depart beneficiaries would be $235,000,” is re [F.R. Doc. 70-9979; Filed, July 31, 1970; ment of Transportation Act (49 U.S.C. vised to read: “To the total shown in the 8:48 a.m.] 1655(c)). FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 PROPOSED RULE MAKING 12349 Issued in Port Worth, Tex., on July 17, Act of 1958 [72 Stat. 749; 49 U.S.C. ministration, Fort Worth, Tex. An in 1&70. 13481, and section 6(c) of the Depart formal docket will also be available for G eorge W. I reland, ment of Transportation Act [49 U.S.C. examination at the Office of the Chief, Acting Director, Southwest Region. 1655(c)]. Air Traffic Division. In consideration of the foregoing, the [F.R. Doc. 70-10006; Plied, July 31, 1970; Issued in Jamaica, N.Y., on July 13, 8:49 a.m.] proposed New Mexico transition area 1970. published in the F ederal R egister (35 W ayne H endershot, Acting Director, Eastern Region— F.R. 10157) (F.R. Doc. 70-7797) is [ 14 CFR Part 71 1 amended as follows: [F.R. Doc. 10007; Filed, July 31, 1970; (1) “excluding R-5101, R-5107B, R - [Airspace Docket No. 70-EA—50] 8:49 a.m.] 5107C and the portion of R-5107A” is TRANSITION AREA deleted and “excluding R-5101, R-5107B and the portion of R-5107A” is substi Proposed Alteration [ 14 CFR Pari 71 1 tuted therefor. The Federal Aviation Administration [Airspace Docket No. 70-SW-38] (2) “excluding that airspace below is considering amending § 71.181 of Part TRANSITION AREAS 11,500 feet MSL bounded by a line be 71 of the Federal Aviation Regulations ginning at lat. 33°43'30" N., long. 105°- so as to alter the Pittsfield, Maine (35 Proposed Designation, Alteration and 09'00" W., thence to lat. 33° 17'10" N., F.R. 2244) Transition Area. Revocation long. 105°09'00" W., to lat. 33°10'20" The U.S. Standard for Terminal In N., long. 105°38'00" W.” is deleted and strument Approach Procedures requires On June 20, 1970, a notice of proposed “excluding that airspace below 11,500 alteration of the 700-foot transition area rule making was published in the F ed feet MSL bounded by a line beginning at to provide controlled airspace protection eral R egister (35 F.R. 10157) (F.R. lat. 33°57'00" N., long. 105°27'00" W., for aircraft executing the NDB (ADF) Doc. 70-7797) stating that the Federal thence to lat. 33°12'50" N., long. 105°- RWY 1 instrument approach for Pitts Aviation Administration proposes to 27'00" W., to lat. 33°10'20" N., long. field Municipal Airport. designate the New Mexico transition 105°38'00" W.” is substituted therefor. Interested persons may submit such area. This amendment is proposed under the written data or views as they may desire. Subsequent to publication of the authority of section 307(a) of the Fed Communications should be submitted in notice, it was determined that two addi eral Aviation Act of 1958 (49 U.S.C. triplicate to the Director, Eastern Re tional segments of airspace should be 1348) and of section 6(c) of the Depart gion, Attention: Chief, Air Traffic Divi included in the 1,200-foot portion of the ment of Transportation Act (49 U.S.C. sion, Department of Transportation, proposed New Mexico transition area. 1655(c)). Federal Aviation Administration, Fed One of these is R-5107C which was ex eral Building, John F. Kennedy Inter cluded from the transition area in the Issued in Fort Worth, Tex., on July 22, national Airport, Jamaica, N.Y. 11430. description. This is a joint-use restricted 1970. area within which there is a need for A. L. Coulter, All communications received within 30 Acting Director, Southwest Region. days after publication in the F ederal controlled airspace extending upward R egister will be considered before action from 1,200 feet above the surface. The [F.R. Doc. 70-10008; Filed, July 31, 1970; is taken on the proposed amendment. No other segment is a part of the described 8:49 a.m.] hearing is contemplated at this time, but airspace below 11,500 feet MSL to be arrangements may be made for informal excluded from the transition area. There [1 4 CFR Part 71 1 conferences with Federal Aviation Ad is a need to include the portion of that [Airspace Docket No. 70-SW-43] ministration officials by contacting the airspace east of long. 105°27'00" W. Chief, Airspace and Standards Branch, within controlled airspace extending up TRANSITION AREAS AND ADDITIONAL Eastern Region. ward from 1,200 feet above the surface. CONTROL AREA Any data or views presented during This will provide controlled airspace for such conferences must also be sub aircraft executing a new high altitude Proposed Designation, Alteration, and mitted in writing in accordance with this teardrop jet penetration west of Ros Revocation notice in order to become part of the well, N. Mex. Action is taken herein to amend the proposed New Mexico transi The Federal Aviation Administration record for consideration. The proposal is considering amending Part 71 of the contained in this notice may be changed tion area accordingly. Federal Aviation Regulations to rede in the light of comments received. Interested persons may submit such scribe, alter, revoke and designate con The official docket will be available for written data, views, or arguments as trolled airspace within the State of Okla examination by interested persons at the they may desire. Communications should homa by designating the Oklahoma tran Office of Regional Counsel, Federal Avi be submitted in triplicate to the Chief, sition area. ation Administration, Federal Building, Air Traffic Division, Southwest Region, Interested persons may submit such John F. Kennedy International Airport, Federal Aviation Administration, Post written data, views, or arguments as they Jamaica, N.Y. Office Box 1689, Fort Worth, Tex. 76101. may desire. Communications should be The Federal Aviation Administration, All communications received within 15 submitted in triplicate to the Chief, Air having completed a review of the air days after publication of this notice in Traffic Division, Southwest Region, Fed space requirements for the terminal area the F ederal R egister will be considered eral Aviation Administration, Post Office of Pittsfield, Maine proposes the air before action is taken on the proposed Box 1689, Fort Worth, Tex. 76101. All space action hereinafter set forth: amendment. No public hearing is con communications received within 30 days 1. Amend § 71.181 of Part 71 of thetemplated at this time, but arrangements after publication of this notice in the Federal Aviation Regulations so as to for informal conferences with Federal F ederal R egister will be considered be delete the description of the Pittsfield, Aviation Administration officials may be fore action is taken on the proposed Maine transition area and insert the made by contacting the Chief, Air Traf amendment. No public hearing is con following in lieu thereof: “That air fic Division. Any data, views, or argu templated at this time, but arrangements space extending upward from 700 feet ments presented during such conferences for informal conferences with Federal above the surface within a 5-mile radius must also be submitted in writing in Aviation Administration officials may be of the center, 44°46'05" N., 69°22'40" W. accordance with this notice in order to made by contacting the Chief, Air Traffic of Pittsfield Municipal Airport, Pitts become part of the record for considera Division. Any data, views, or arguments field, Maine and within 3.5 miles each tion. The proposal contained in this presented during such conferences must side of the 350° bearing and the 170° notice may be changed in the light of bearing from the Burnham, Maine RBN also be submitted in writing in accord 44’41'50" N., 69°21'30" W., extending comments received. ance with this notice in order to become from the 5-mile radius area to 10 miles The official docket will be available part of the record for consideration. The south of the RBN.” for examination by interested persons proposal contained in this notice may This amendment is proposed under at the Office of the Regional Counsel, be changed in the light of comments section 307(a) of the Federal Aviation Southwest Region, Federal Aviation Ad- received. FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12350 PROPOSED RULE MAKING The official docket will be available for 2. The 1,200-foot portions of the fol foot area lying within the boundary of the examination by Interested persons at the lowing transition areas would be revoked: State of Kansas would be added to a transi tion area in that State. Office of the Regional Counsel, South Alva, Okla. Lawton, Okla. west Region, Federal Aviation Adminis Bartlesville, Okla. Oklahoma City, Okla. Hobart, Okla. tration, Fort Worth, Tex. An informal Guymon, Okla. Ponca City, Okla. docket will also be available for examina The 1,200- and 8,000-foot portions would tion at the Office of the Chief, Air Traffic 3. The 1,200-foot portions of the fol be amended to exclude the portions within lowing transition areas would be amended the State of Oklahoma. The Texas proposal Division. to exclude the portions within the State would encompass the remainder of the There are several areas of uncontrolled 1,200- and 8,000-foot portions; therefore, airspace and five segments of controlled of Oklahoma: these portions would be revoked if the Texas airspace having a floor higher than 1,200 Coffeyville, Kans. Neosho, Mo. proposal is adopted. feet above the surface scattered through Independence, Kans. Oswego, Kans. out the State of Oklahoma. These areas Liberal, Kans. T exarkana, Ark. are surrounded by either Federal air 4. The 1,200-foot portions of the fol The 1,200-foot portion would be amended ways, additional control area, or transi lowing transition areas would be to exclude the portion within the State of tion areas with floors of 1,200 feet above amended to exclude the portions within Oklahoma. The Texas and Arkansas pro the surface. Because of the increasing posals would encompass the remainder of the State of Oklahoma. There is a sepa the 1,200-foot portion; therefore, the 1,200- traffic volume and the demand for air rate proposal to designate a Texas transi foot portion would be revoked if the Texas traffic control services, there is a need to tion area which would encompass the re and Arkansas proposals are adopted. include these areas within the proposed mainder of the 1,200-foot portions of Oklahoma transition area. More efficient these transition areas; therefore, the Wichita, K ans. air traffic services, including radar in 1.200- foot portions would be revoked if The 1,200- and 3,500-foot portions would some areas, could be provided without the the Texas proposal is adopted: be amended to exclude the portions within restrictions imposed by small irregular Childress, Tex. Sherman, Tex. the State of Oklahoma. areas of uncontrolled airspace which Gage, Okla. Wichita Falls, Tex. cannot be easily discerned on essential Perryton, Tex. 7. The Gage, Okla., additional con aeronautical charts. Inclusion of these trol area, which extends upward from areas within the proposed Oklahoma 5. The 1,200-foot portions of the fol transition area would, in fact, lessen the lowing transition areas would be 1,200 feet above the surface, would be burden on the public and it would amended to exclude the portions within redundant and serve no useful purpose; incur no apparent derogation to VFR the State of Oklahoma. There is a sepa therefore, it would be revoked. operations. rate proposal to designate an Arkansas This amendment is proposed under the To simplify airspace descriptions, pro transition area which would encompass authority of section 307(a) of the Fed vide continuity of the floors of controlled the remainder of the 1,200-foot portions eral Aviation Act of 1958 (49 U.S.C. 1348) airspace, and to improve chart legibility, of these transition areas; therefore, the the following airspace actions are 1.200- foot portions would be revoked if and of section 6(c) of the Department of proposed: the Arkansas proposal is adopted: Transportation Act (49 U.S.C. 1655(c)). 1. Designate the Oklahoma transitionFort Smith, Ark. Tulsa, Okla. Issued in Fort Worth, Tex., on July 22, area as follows: 6. Amend the following transition1970. Oklahoma areas as indicated: A. L. Coulter, That airspace extending upward from Enid, Okla. Acting Director, Southwest Region. 1,200 feet above the surface within the boundary of the State of Oklahoma, exclud The 1,200- and 5,000-foot portions would [F.R. Doc. 70-10009; Filed, July 31, 1970; ing the portion within R-5601A. be revoked. The small portion of the 1,200- 8:49 a.m.] FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12351 Notices arguments, as requested by several par cipal and interest, will be issued in de DEPARTMENT OF DEFENSE ties, the time period for such submis nominations of $1,000, $5,000, $10,000, sions is extended for a period of 30 days $100,000, and $1,000,000. Provision will be Office of the Secretary from the date of publication of this no made for the interchange of notes of tice in the F ederal R egister. different denominations and of coupon ASSISTANT SECRETARY OF DEFENSE and registered notes, and for the trans [seal] R obert V. M cI ntyre, fer of registered notes, under rules and Delegation of Authority To Approve Acting Commissioner of Customs. Restoration or Replacement of Dam regulations prescribed by the Secretary [F.R. Doc. 70-10021; Filed, July 31, 1970; of the Treasury. aged or Destroyed Facilities 8:51 a.m.] 5. The notes will be subject to the The Deputy Secretary of Defense ap general regulations of the Treasury De proved the following delegation of au Office of the Secretary partment, now or hereafter prescribed, thority May 18, 1970: governing U.S. notes. By virtue of the authority vested in [Department Circular Public Debt Series— HI. Subscription and allotment. 1. the Secretary of Defense by section 133 No. 7-70] Subscriptions accepting the offer made (d) of title 10, United States Code, there 7 3A PERCENT TREASURY NOTES OF by this circular will be received at the is hereby delegated to the Assistant Sec SERIES C—1974 Federal Reserve Banks and Branches retary of Défense (Installations and Lo and at the Office of the Treasurer of the gistics) , the authority contained in sec Offering of Notes United States, Washington, D.C. 20220. tion 2673 of title 10, United States Code, Banking institutions generally may sub to approve the acquisition, construction, J uly 30, 1970. mit subscriptions for account of cus rehabilitation, and installation of tem 1. Offering of notes. 1. The Secretary tomers, but only the Federal Reserve porary or permanent public works to re of the Treasury, pursuant to the author Banks and the Treasury Department ity of the Second Liberty Bond Act, as are authorized to act as official agencies. store or replace facilities which have amended, offers notes of the United been damaged or destroyed. This au States, designated 7% percent Treasury 2. Under the Second Liberty Bond Act, thority may be redelegated to the Deputy Notes of Series C-1974, at par, in ex as amended, the Secretary of the Assistant Secretary of Defense (Instal change for the following securities ma Treasury has the authority to reject or lations and Housing). turing August 15, 1970; reduce any subscription, and to allot less (1) 6% percent Treasury Notes of than the amount of notes applied for Maurice W. R oche, when he deems it to be in the public Director, Correspondence and Series D-1970; or interest; and any action he may take in Directives Division, OASD (2) 4 percent Treasury Bonds of 1970, these respects shall be final. Subject to (Administration). in amounts of $1,000 or multiples thereof. The amount of this offering will be lim the exercise of that authority, all sub [F.R. Doc. 70-9938; Filed, July 31, 1970; ited to the amount of eligible securities scriptions will be allotted in full. 8:45 a.m.] .tendered in exchange. The books will be IV. Payment. 1. Payment for the face open only on August 3 through August 5, amount of notes allotted hereunder must 1970, for the receipt of subscriptions. be made on or before August 17, 1970, or 2. In addition, holders of the securities on later allotment, and may be made only DEPARTMENT OF THE TREASURY enumerated in paragraph 1 of this sec in a like face amount of securities of the Bureau of Customs tion are offered the privilege of exchang issues enumerated in paragraph 1 of ing all or any part of them for 7% section I hereof, which should ac [SP 431.4 P] percent Treasury Notes of Series B-1977, company the subscription. Payment will which offering is set forth in Depart not be deemed to have been completed ELECTRON PROBE X-RAY where registered notes are requested if MICROANALYZER ment Circular, Public Debt Series—No. 8-70, issued simultaneously with this the appropriate identifying number as Review of Tariff Classification Ruling; •circular. required on tax returns and other docu n . Description of notes. 1. The notes ments submitted to the Internal Reve Extension of Time for Written Sub nue Service (an individual’s social se missions will be dated August 15, 1970, and will bear interest from that date at the rate curity number or an employer identifica J uly 28,1970. of 7% percent per annum, payable semi tion number) is not furnished. When Pursuant to § 16.10a(d), Customs annually on February 15 and August 15 payment is made with securities in Regulations (19 CFR 16.10a(d)), the Bu in each year Until the principal amount bearer form, coupons dated August 15, reau of Customs gave notice on June 10, becomes payable. They will mature Feb 1970, should be detached and cashed 1970, by publication in the F ederal R eg ruary 15, 1974, and will not be subject when due. When payment is made with ister (35 F.R. 8950) that it will under to call for redemption prior to maturity. registered securities, the final interest take to review the established and uni 2. The income derived from the notes due on August 15, 1970, will be paid by form practice of classifying electron is subject to all taxes imposed under the issue of interest checks in regular course probe X-ray microanalyzers under item Internal Revenue Code of 1954. The notes to holders of record on July 15,1970, the 709.63, Tariff Schedules of the United are subject to estate, inheritance, gift, or date the transfer books closed. States (TSUS). A period of 30 days from other excise taxes, whether Federal or V. Assignment of registered securi State, but are exempt from all taxation ties. 1. Registered securities tendered in the date of such publication was pro now or hereafter imposed on the prin payment for notes offered hereunder vided in accordance with section 553, title cipal or interest thereof by any State, should be assigned by the registered 5, United States Code, for all interested or any of the possessions of the United payees or assignees thereof, in accord parties to submit relevant data, views, States, or by any local taxing authority. ance with the general regulations of the or arguments to the Commissioner of 3. The notes will be acceptable to se Treasury Department governing assign Customs. cure deposits of public moneys. They will ments for transfer or exchange, in one not be acceptable in payment of taxes. of the forms hereafter set forth, and In order to provide additional time in 4. Bearer notes with interest coupons thereafter should be surrendered with which to submit relevant data, views, or attached, and notes registered as to prin the subscription to a Federal Reserve No. 149- FED ERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12352 NOTICES Bank or Branch or to the Office of the ing all or any part of them for 7% per Service (an individual’s social security Treasurer of the United States, Wash cent Treasury Notes of Series C-1974, number or an employer identification ington, D.C. 20220. The maturing secu which offering is set forth in Department number) is not furnished. A cash pay- rities must be delivered at the expense Circular, Public Debt Series—No. 7-70, j ment of $2.50 per $1,000 will be made to and risk of the holder. If the new notes issued simultaneously with this circular. subscribers on account of the issue price are desired registered in the same name EE. Description of notes. 1. The notes of the new notes. The payment will be as the securities surrendered, the assign will be dated August 15, 1970, and will made by check or by credit in any ac ment should be to “The Secretary of the bear interest from that date at the rate count maintained by a banking institu Treasury for exchange for 7% percent of 7% percent per annum, payable semi tion with the Federal Reserve Bank of Treasury Notes of Series C-1974”; if annually on February 15 and August 15 its District, following acceptance of the the new notes are desired registered in in each year until the principal amount maturing securities. In the case of regis another name, the assignment should be becomes payable. They will mature Au tered securities, the payment will be to “The Secretary of the Treasury gust 15, 1977, and will not be subject to made in accordance With the assignments for exchange for 7% percent Treasury call for redemption prior to maturity. on the securities surrendered. When Notes of Series C-1974 in the name of 2. The income derived from the notes payment is made with securities in ------if new notes is subject to all taxes imposed under the bearer form, coupons dated August 15, in coupon form are desired, the assign Internal Revenue Code of 1954. The 1970, should be detached and cashed ment should be to “The Secretary of the notes are subject to estate, inheritance, when due. When payment is made with Treasury for exchange for 7% percent gift or other excise taxes, whether Fed registered securities, the final interest Treasury Notes of Series C-1974 in cou eral or State, but are exempt from all due on August 15, 1970, will be paid by pon form to be delivered t o ______”, taxation now or hereafter imposed on issue of interest checks in regular course VI. General provisions. 1» As fiscalthe principal or interest thereof by any to holders of record on July 15, 1970, agents of the United States, Federal Re State, or any of the possessions of the the date the transfer books’ closed. serve Banks are authorized and re United States, or by any local taxing V. Assignment of registered securities. quested to receive subscriptions, to make authority. 1. Registered securities tendered in pay such allotments as may be prescribed by 3. The notes will be acceptable to se ment for notes offered hereunder should the Secretary of the Treasury, to issue cure deposits of public moneys. They will be assigned by the registered payees or such notices as may be necessary, to re not be acceptable in payment of taxes. assignees thereof, in accordance with the ceive payment for and make delivery 4. Bearer notes with interest coupons general regulations of the Treasury De of notes on full-paid subscriptions al attached, and notes registered as to prin partment governing assignments for lotted, and they may issue interim re cipal and interest, will be issued in de transfer or exchange, in one of the forms ceipts pending delivery of the definitive nominations of $1,000, $5,000, $10,000, hereafter set forth, and thereafter should notes. $100,000, and $1,000,000. Provision will be surrendered with the subscription to 2. The Secretary of the Treasury maybe made for the interchange of notes of a Federal Reserve Bank or Branch or at any time, or from time to time, pre different denomination and of coupon to the Office of the Treasurer of the scribe supplemental or amendatory rules and registered notes, and for the transfer United States, Washington, D.C. 20220. and regulations governing the offering, of registered notes, under rules and reg The maturing securities must be de which will be communicated promptly ulations prescribed by the Secretary of livered at the expense and risk of the to the Federal Reserve Banks. the Treasury. holder. If the new notes are desired [seal] D avid M. K ennedy, 5. The notes will be subject to the registered in the same name as the secu Secretary of the Treasury. general regulations of the Treasury De rities surendered, the assignments should partment, now or hereafter prescribed, be to “The Secretary of the Treasury for [F.R. Doc. 70-10106; Filed, July 31, 1970; governing U.S. notes. 8:51 a.m.] exchange for 7% percent Treasury Notes m . Subscription and allotment. 1.of Series B-1977”; if the new notes are Subscriptions accepting the offer made desired registered in another name, the [Department Circular Public Debt S eries- by this circular will be received at the assignment should be to “The Secretary No. 8-70] Federal Reserve Banks and Branches of the Treasury for exchange for 7% 7% PERCENT TREASURY NOTES OF and at the Office of the Treasurer of the percent Treasury Notes of Series B-1977 United States, Washington, D.C. 20220. in the name of______~______”; SERIES B-1977 Banking institutions generally may sub if new notes in coupon form are desired, Offering of Notes mit subscriptions for account of cus the assignment should be to “The Sec tomers, but only the Federal Reserve retary of the Treasury for exchange for J uly 30, 1970. Banks and the Treasury Department 7% percent Treasury Notes of Series B- 1. Offering of notes. 1. The Secretary are authorized to act as official agencies. 1977 in coupon form to be delivered to of the Treasury, pursuant to the au 2. Under the Second Liberty Bond thority of the Second Liberty Bond Act, Act, as amended, the Secretary of the VI. General provisions. 1. As fiscal as amended, offers notes of the United Treasury has the authority to reject or agents of the United States, Federal Re States, designated 7% percent Treasury reduce any subscription, and to allot serve Banks are authorized and re Notes of Series B-1977, at 99.75 percent less than the amount of notes applied for quested to receive subscriptions, to make of their face.value, in exchange for the when he deems it to be in the public such allotments as may be prescribed following securities maturing August 15, interest; and any action he may take by the Secretary of the Treasury, to is 1970: in these respects shall be final. Subject sue such notices as may be necessary, to (1) 6% percent Treasury Notes of to the exercise of that authority, all sub receive payment for and make delivery Series D-1970; or scriptions will be allotted in full. of notes on full-paid subscriptions al (2) 4 percent Treasury Bonds of 1970, IV. Payment. 1. Payment for the facelotted, and they may issue interim re in amounts of $1,000 or multiples thereof. amount of notes allotted hereunder must ceipts pending delivery of the definitive Cash payments due subscribers will be be made on or before August 17, 1970, notes. made as set forth in section IV hereof. or on later allotment, and may be made 2. The Secretary of the Treasury may The amount of this offering will be only in a like face amount of securities at any time, or from time to time, pre limited to the amount of eligible secu of the issues enumerated in paragraph 1 scribe supplemental or amendatory rules rities tendered in exchange. The books of section I hereof, which should accom and regulations governing the offering, will be open only on August 3 through pany the subscription. Payment will not which will be communicated promptly to August 5, 1970, for the receipt of be deemed to have been completed where the Federal Reserve Banks. subscriptions. registered notes are requested if the [seal] D avid M. K ennedy, 2. In addition, holders of the securities appropriate identifying number as re Secretary of the Treasury. enumerated in paragraph 1 of this sec quired on tax returns and other docu [FJL Doc. 70-10107; Filed, July 81, 1970; tion are offered the privilege of exchang ments submitted to the Internal Revenue 8:51 a.m.] FEDERAL REGISTER, V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 NOTICES 12353 [Department Circular Public Debt Series— as banks accepting demand deposits, may terest, if any, for notes allotted hereun No. 9-70] submit subscriptions for account of cus der must be made or completed on or tomers provided the names of the cus before August 17, 1970, or on later allot 7 Vt PERCENT TREASURY NOTES OF tomers are set forth in such subscrip ment. Payment will not be deemed to SERIES C—1972 tions. Others than commercial banks will have been completed where registered not be permited to enter subscriptions notes are requested if the appropriate Offering of Notes except for their own account. Subscrip identifying number as required on tax re J uly 30, 1970. tions from commercial banks for their turns and other documents submitted to 1. Offering of notes. 1. The Secretary own account will be restricted in each the Internal Revenue service (an individ of the Treasury, pursuant to the author case to an amount not exceeding 50 per ual’s social security number or an em ity of the Second Liberty Bond Act, as cent of the combined capital (not includ ployer identification number) is not fur amended, offers $2,750 million, or there ing capital notes or debentures), surplus nished. In every case where full payment abouts, of notes of the United States, and undivided profits of the subscribing is not completed, the payment with the designated 7 V2 percent Treasury Notes bank. Subscriptions will be received application up to 10 percent of the of Series C-1972, at 99.95 percent of their without deposit from banking institu amount of notes allotted shall, upon face value and accrued interest, if any. tions for their own account, federally in declaration made by the Secretary of In addition to the amount offered for sured savings and loan associations, the Treasury in his discretion, be for public subscription, the Secretary of the States, political subdivisions, or instru feited to the United States. Payment Treasury may allot these notes to Gov mentalities thereof, public pension and may be made for any notes allotted here ernment accounts and Federal Reserve retirement and other public funds, inter under in cash or in securities of the is Banks in exchange for the securities national organizations in which the sues enumerated in paragraph 1 of sec hereinafter enumerated. The following United States holds membership, for tion I hereof, which will be accepted at securities, maturing August 15,1970, will eign central banks, and foreign states, par. A cash adjustment will be made for be accepted at par in payment, in whole and dealers who make primary markets the difference ($0.50 per $1,000) between or in part, to the extent subscriptions are in Government securities and report the par value of the maturing securities allotted by the Treasury: daily to the Federal Reserve Bank of and the issue price of the new notes. The (1) 6% percent Treasury Notes of New York their positions with respect to payment will be made by check or by Series D-1970; or Government securities and borrowings credit in any account maintained by a (2) 4 percent Treasury Bonds of 1970. thereon. Subscriptions from all others banking institution with the Federal Re must be accompanied by payment (in serve Bank of its District, following ac The books will be open only on August 5, cash or in securities of the issues enu ceptance of the securities. In the case of 1970, for the receipt of subscriptions. merated in paragraph 1 of section I registered securities, the payment will be n . Description of notes. 1. The noteshereof, which will be accepted at par) of made in accordance with the assign will be dated August 17, 1970, and will 10 percent of the amount of notes ap ments on the securities surrendered. Any bear interest from that date at the rate plied for, not subject to withdrawal until qualified depositary will be permitted to of 7 V2 percent per annum, payable on a after allotment. Registered securities make payment by credit in its Treasury semiannual basis on February 15 and submitted as deposits should be assigned Tax and Loan Account for not more than August 15, 1971, and February 15, 1972. as provided in section V hereof. Follow 50 percent of the amount of notes allot They will mature February 15, 1972, and ing allotment, any portion of the 10 per ted to it for itself and its customers. will not be subject to call for redemption cent payment in excess of 10 percent of When payment is made with securities in prior to maturity. the amount of notes allotted may be re bearer form, coupons dated August 15, 2. The income derived from the notes leased upon the request of the sub 1970, should be detached and cashed is subject to all taxes imposed under the scribers. when due. When payment is made with Internal Revenue Code of 1954. The notes 2. All subscribers are required to agree registered securities, the final interest are subject to estate, inheritance, gift or not to purchase or to sell, or to make due on August 15, 1970, will be paid by other excise taxes, whether Federal or any agreements with respect to the pur issue of interest checks in regular course State, but are exempt from all taxation chase or sale or other disposition of any to holders of record on July 15, 1970, the now or hereafter imposed on the prin notes of this issue at a specific rate or date the transfer books closed. cipal or interest thereof by any State, or price, until after midnight, August 5, V. Assignment of registered securities. any of the possessions of the United 1970. 1. Registered securities tendered as de States, or by any local taxing authority. 3. Commercial banks in submitting posits and in payment for notes allotted 3. The notes will be acceptable to se subscriptions will be required to certify hereunder should be assigned by the cure deposits of public moneys. They will that they have no beneficial interest in registered payees or assignees thereof, in not be acceptable in payment of taxes. any of the subscriptions they enter for accordance with the general regulations 4. Bearer notes with interest coupons the account of their customers, and that of the Treasury Department, on one of attached, and notes registered as to prin their customers have no beneficial inter the forms hereafter set forth. Securities cipal and interest, will be issued in de est in the banks’ subscriptions for their tendered in payment should be sur nominations of $1,000, $5,000, $10,000, own account. rendered to a Federal Reserve Bank or $100,000, and $1,000,000. Provision will be 4. Under the Second Liberty Bond Act, Branch or to the Office of the Treasurer made for the interchange of notes of as amended, the Secretary of the Treas of the United States, Washington, D.C. different denominations and of coupon ury has the authority to reject or reduce 20220. The maturing securities must be and registered notes, and for the transfer any subscription, to allot less than the of registered notes, under rules and reg delivered at the expense and risk of the ulations prescribed by the Secretary of amount of notes applied for, and to make holder. If the new notes are desired the Treasury. different percentage allotments to vari registered in the same name as the ous classes of subscribers when he deems securities surrendered, the assignment 5. The notes will be subject to the gen it to be in the public interest; and any should be to “The Secretary of the eral regulations of the Treasury Depart action he may take in these respects shall ment, no wor hereafter prescribed, gov Treasury for 7% percent Treasury Notes erning U.S. notes. be final. Subject to the exercise of that of Series C-1972’’; if the new notes are m . Subscription and allotment. 1.authority, subscriptions will be allotted: desired registered in another name, the Subscriptions accepting the offer made by (1) In full if the subscription is for assignment should be to “The Secretary this circular will be received at the Fed $200,COO or less; and of the Treasury for 7 Ms percent Treasury eral Reserve Banks and Branches and (2) On a percentage basis to be pub Notes of Series C-1972 in the name of at the Office of the Treasurer of the licly announced, but not less than ______”; if new notes United States, Washington, D.C. 20220. $ 200,000. in coupon form are desired, the assign Only the Federal Reserve Banks and Allotment notices will be sent out ment should be to “The Secretary of the the Treasury Department are authorized promptly upon allotment. Treasury for 7 Ms percent Treasury Notes to act as official agencies. Commercial IV. Payment. 1. Payment at 99.95 perof Series C-1972”; if the new notes are banks, which for this purpose are defined cent of their face value and accrued in delivered t o ______”. FEDERAL REGISTER, V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 12354 NOTICES VI. General provisions. 1. As fiscal Alaska. Idaho. agents of the United States, Federal Re Arizona (except Maine. serve Banks are authorized and re Yuma County). Massachusetts. California. New Hampshire. quested to* receive subscriptions, to Connecticut. New York. make such allotments as may be pre Delaware. Oregon. scribed by the Secretary of the Treasury, Hawaii (except Washington. to issue such notices as may be necessary, Honolulu County). Wyoming. to receive payment for and make deliv ery of notes on full-paid subscriptions b. The following counties are not allotted, and they may issue interim re presently subject to suspension of tests ceipts pending delivery of the definitive and devices pursuant to section 4(a) of notes. the Voting Rights Act of 1965. I have 2. The Secretary of the Treasury maydetermined that each of the following at any time, or from time to time, pre counties of North Carolina maintained scribe supplemental or amendatory rules on November 1, 1968, a test or device as M eetings of the B oard and regulations governing the offering, defined in section 4(c) of the Voting Rights Act of 1965: 3. Regular meetings of the Board shall which will be communicated promptly to be held without notice in the Board the Federal Reserve Banks. Alamance. Lincoln. Alexander. Macon. meeting room in the U.S. Department of [seal] D avid M. K ennedy, Alleghany. Madison. Agriculture in the city of Washington, Secretary of the Treasury. Ashe. McDowell. D.C., on Wednesday of each week, or if [F.R. Doc. 70-10108; Filed, July 31, 1970; Avery. Mecklenburg. that day be a legal holiday, on the next 8:51 a.m.] Brunswick. Mitchell. succeeding, business day, at 9:30 a.m., Buncombe. Montgomery. unless notice of another hour is given. Burke. Moore. 4. Special meetings of the Board may Cabarrus. New Hanover. be called at any time by the Chairman Caldwell. Orange. or by the President or the Executive Vice DEPARTMENT OF JUSTICE Carteret. Pamlico. Catawba. Pender. President and shall be called by the VOTING RIGHTS ACT OF 1965 Chatham. Polk. Chairman, the President, or the Execu Cherokee. Randolph. tive Vice President at the written request Determination Regarding Literacy Clay. Richmond. of any four directors. Notice of special Tests Columbus. Rowan. meetings shall be given either person Currituck. Rutherford. ally or by mail (including the intra- J uly 24, 1970. Dare. Sampson. departmental mail channels of the Determination of the Attorney Gen Davidson. Stanly. Department of Agriculture or inter eral pursuant to section 4(b) of the Vot Davie. Stokes. Duplin. Surry. departmental mail channels of the Fed ing Rights Act of 1965 as amended. Durham. Swain. eral Government) or by telegram, and 1. Section 4 of the Voting Rights ActForsyth. Transylvania. notice by telephone shall be personal of 1965, 79 Stat. 438, 42 U.S.C. 1973b Graham. Tyrrell. notice. Any Director may waive in writ (Supp. IV, 1965-68), suspended the use Haywood. Wake. ing such notice as to himself, whether of literacy tests and similar tests in Henderson. Warren. before or after the time of the meeting, States and counties which fell within a Hyde. Watauga. and the presence of a Director at any formula based upon the percentage of Iredell. Wilkes. meeting shall constitute a waiver of no the voting-age population which was Jackson. Yadkin. Johnston. Yancey. tice of such meeting. No notice of an registered for or voted in the Novem Jones. adjourned meeting need be given. Any ber 1964 election. Now subject to such and all business may be transacted at any coverage are the States of Alabama, J ohn N. M itchell, special meeting unless otherwise indi Georgia, Louisiana, Mississippi, South Attorney General. cated in the notice thereof. Carolina, and Virginia; 39 counties in J uly, 1970. 5. The Secretary of Agriculture shall North Carolina; one county in Hawaii; [F.R. Doc. 70-9956; Filed; July 31, 1970; serve as Chairman of the Board. In the and one county in Arizona. 8:46 a.m.] absence or unavailability of the Chair The Voting Rights Act Amendments of man, the President of the Corporation 1970, Public Law 91-285, 84 Stat. 315, shall preside at meetings of the Board. amend section 4 of the 1965 Act by add In the absence or unavailability of the ing a coverage formula based upon regis DEPARTMENT OF AGRICULTURE Chairman and the President, the Di tration for or participation in the 1968 rectors present at the meeting shall des presidential election in States and coun Commodity Credit Corporation ignate a Presiding Officer. ties (not already subject to suspension 6. At any meeting of the Board a under section 4(a) of the 1965 Act) BYLAWS OF CORPORATION quorum shall consist of four Directors. which the Attorney General determines The bylaws of the Commodity Credit The act of a majority of the Directors maintained a “test or device” on Novem Corporation, amended July 2, 1970, are present at any meeting at which there ber 1, 1968. as follows: is a quorum shall be the act of the Board. 2a. The following States are not, ex Offices 7. The General Counsel of the Depart cept to the extent specifically indicated, ment of Agriculture, whose office shall presently subject to suspension of tests 1. The principal office of the Corpo perform all legal work of the Corpora and devices pursuant to section 4(a) of ration shall be in the city of Washington, tion, and the Deputy Counsel of the the Voting Rights Act of 1965, 42 U.S.C. District of Columbia, and the Corpora Department of Agriculture shall, as Gen 1973b(a) (Supp. IV, 1965-68), 79 Stat. tion shall also have offices at such other eral Counsel of the Department of Agri 438. In accordance with section 4(b) of places as it may deem necessary or de culture shall, as General Counsel and the Voting Rights Act of 1965 as sirable in the conduct of its business. Deputy General Counsel of the Corpora amended by the Voting Rights Act tion, respectively, attend meetings of Amendments of 1970, Public Law 91-285, S eal the Board. 84 Stat. 315,1 have determined that each 2. There is impressed below the offi 8. The Executive Vice President, the of the following States maintained on cial seal which is hereby adopted for the Vice President who is the Associate Ad November 1, 1968, a test or device as de ministrator of the Agriculture Stabiliza fined in section 4(c) of the Voting Rights Corporation. Said seal may be used by tion and Conservation Service, the Vice Act of 1965, 42 U.S.C. 1973b(c) (Supp. causing it or a facsimile thereof to be President who is the General Sales Man IV, 1965-68), 79 Stat. 438: impressed or affixed or reproduced. ager of the Export Marketing Service, FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 NOTICES 12355 the Secretary and the Controller shall T he P resident (e) The Vice President who is the Ad attend meetings of the Board. Each of ministrator, Food and Nutrition Service, 15. The President shall be Vice Chair shall be responsible for thé administra the other Vice Presidents and Deputy man of the Board and shall have gen Vice Presidents shall attend meetings tion of those operations of the Corpora eral supervision and direction of the tion, under policies and programs ap of the Board during such times as the Corporation, its officers and employees. meetings are devoted to consideration of proved by the Board, which are carried matters as to which they have responsi T he Vice P residents out through facilities and personnel of bility. 16. (a) The Executive Vice President the Food and Nutrition Service. He shall 9. Other persons may attend meetings shall be the chief executive officer of also perform such special duties and ex of the Board upon specific authorization the Corporation and shall be responsible ercise such powers as may be prescribed, by the Chairman or the President. from time to time, by the Secretary of for submission of all Corporation policies Agriculture, the Board, or the President Compensation op B oard D irectors and programs to the Board. Except as provided in paragraphs (b), (c), (d), of the Corporation. 10. The compensation of each Director and (e) below, the Executive Vice Pres 17. The Vice President who is the As shall be prescribed by the Secretary of ident shall have general supervision and sociate Administrator, Agricultural Sta Agriculture. Any director who holds an direction of the preparation of policies bilization and Conservation Service, and other office or position under the Federal and programs for submission to the the Deputy Vice Presidents shall assist Government, the compensation for which Board, of the administration of the the Executive Vice President in the per exceeds that prescribed by the Secretary policies and programs approved by the formance of his duties and the exercise of Agriculture for such Director, may Board, and of the day-to-day conduct of his powers to such extent as the Presi elect to receive compensation at the rate dent or the Executive Vice President shall provided for such other office or position of the business of the Corporation and prescribe, and shall perform such special in lieu of compensation as a Director. of its officers and employees. duties and exercise such powers as (b) The Vice President who is the may be prescribed from time to time Officers Administrator, Foreign Agricultural by the Secretary of Agriculture, the 11. The officers of the Corporation Service, shall be responsible for prepa Board, the President of the Corporation, shall be a President, Vice Presidents, and ration for submission by the Executive or the Executive Vice President of the Deputy Vice Presidents as hereinafter Vice President to the Board of those pol Corporation. icies and programs of the Corporation provided for, a Secretary, a Controller, T he S ecretary a Treasurer, a Chief Accountant, and which are for performance through the such additional officers as the Secretary facilities and personnel of the Foreign 18. The Secretary shall attend and keep of Agriculture may appoint. Agricultural Service. He shall also have the minutes of all meetings of the Board; 12. The Assistant Secretary of Agri responsibility for the administration of shall attend to the giving and serving of culture for international Affairs and those operations of the Corporation, un all required notices of meetings of the Commodity Programs shall be ex officio der policies and programs approved by Board; shall sign all papers and instru President of the Corporation. the Board, which are carried out through ments to which his signature shall be facilities and personnel of the Foreign necessary or appropriate; shall attest the 13. The following officials of the Ag Agricultural Service. He shall also per authenticity of and affix the seal of the ricultural Stabilization and Conserva form such special duties and exercise Corporation upon any instrument re tion Service (referred to as ASCS), such powers as may be prescribed, from quiring such action; and shall perform Export Marketing Service (referred to time to time, by the Secretary of Agricul such other duties and exercise such other as EMS), Foreign Agricultural Service ture, the Board, or the President of the powers as are commonly incidental to (referred to as FAS), Food and Nutri Corporation. tion Service (referred to as FNS), and the office of Secretary as well as such Consumer and Marketing Service (re (c) The Vice President who is Ad other duties as may be prescribed from ferred to as C&MS) shall be ex officio ministrator, Consumer and Marketing time to time by the President or the Ex Service, shall be responsible for the ad ecutive Vice President. officers of the Corporation: ministration of those operations of the Administrator, ASCS; Executive Vice Presi Corporation, under policies and pro T he Controller dent. grams approved by the Board, which 19. The Controller shall have charge General Sales Manager, EMS; Vice President. Administrator, FAS; Vice President. are carried out through facilities and of all fiscal and accounting affairs of the Administrator, C&MS; Vice President. personnel of the Consumer and Market Corporation, including all borrowings Administrator, FNS; Vice President. ing Service. He shall also perform such and related financial arrangements, Associate Administrator, ASCS; Vice special duties and exercise such powers claims activities, and formulation of President. as may be prescribed, from time to prices in accordance with established Deputy Administrator, Commodity Opera time, by the Secretary of Agriculture, policies; and shall perform such other tions, ASCS; Deputy Vice President. the Board, or the President of the duties as may be prescribed from time Deputy Administrator, State and County Corporation. to time by the President or the Executive Operations, ASCS; Deputy Vice President. Deputy Administrator, Management, ASCS; (d) The Vice President who is the Vice President. Deputy Vice President. General Sales Manager of the Export The Treasurer Executive Assistant to the Administrator, Marketing Service shall be responsible ASCS; Secretary. for preparation for submission by tlje 20. The Treasurer, under the general Director, Fiscal Division, ASCS; Controller. Executive Vice President to the Board supervision and direction of the Con Deputy Director, Fiscal Division, ASCS; Treasurer. of policies and programs of the Corpora troller, shall have charge of the custody, Chief, Accounting Systems Branch, Fiscal tion which are for performance through safekeeping and disbursement of all Division, ASCS; Chief Accountant. the facilities and personnel of the Export funds of the Corporation; shall desig Marketing Service. He shall also have nate qualified persons to authorize dis The person occupying, in an acting ca responsibility for the administration of bursement of corporate funds; shall di pacity, the office of any person designated those operations of the Corporation, rect the disbursement of funds by dis ex officio by this paragraph 13 as an under policies and programs approved bursing officers of the Corporation or by officer of the Corporation, shall, during by the Board, which are carried out the Treasurer of the United States, Fed his occupancy of such office, act as such through facilities and personnel of the eral Reserve Banks and other fiscal officer. Export Marketing Service. He shall also agents of the Corporation; and shall is 14. Officers who do not hold office ex perform such special duties and exercise sue instructions incidental thereto; shall officio shall be appointed by the Secre such powers as may be prescribed, from be responsible for documents relating to tary of Agriculture and shall hold office time to time, by the Secretary of Agri the general financing operations of the until their respective appointments shall culture, the Board, or the President of Corporation, including borrowings from have been terminated. the Corporation. the U.S. Treasury, commercial banks and FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12356 NOTICES others; shall arrange for the payment of as may be specified by the Secretary of Commodity Credit Corporation, adopted interest on and the repayment of such Agriculture, shall be bonded in such by the Board of Directors, Commodity borrowings; shall arrange for the pay manner, upon such conditions, and in Credit Corporation, at a meeting held ment of interest on the capital stock of such amounts as the Secretary of Agri June 30, 1970, and approved by the Sec the Corporation; shall coordinate and culture may determine. The Corporation retary of Agriculture, effective close of give general supervision to the claims shall pay the premium of any bond or business July 2, 1970. activities of the Corporation and shall bonds. In witness whereof I have officially have authority to collect all monies due subscribed my name and have caused the Corporation, to receipt therefor and Contracts of the Corporation the corporate seal of the said Corpora to deposit same for the account of the 25. Contracts of the Corporation re tion to be affixed this second day of Corporation; and shall perform such lating to any of its activities may be July 1970. executed in its name by the Secretary other duties relating to the fiscal and [seal] S eeley G. Lodwick, accounting affairs of the Corporation as of Agriculture or the President. The Acting Secretary, may be prescribed from time to time by Vice Presidents, the Deputy Vice Presi Commodity Credit Corporation. the Controller. dents, the Comptroller, the Treasurer, and the Directors of the divisions and [F.R. Doc. 70-9852; Filed, July 31, 1970; T he Chief Accountant commodity offices of the Agricultural 8:45 a.m.] 21. The Chief Accountant, under the Stabilization and Conservation Service general supervision and direction of the may execute contracts relating to the Controller, shall have charge of the gen activities of the Corporation for which eral books and accounts of the Corpora they are respectively responsible. DEPARTMENT OF HEALTH, tion and the preparation of financial 26. The Executive Vice President who statements and reports. He shall be re is the Administrator of ASCS and, sub EDUCATION, AND WELFARE sponsible for the initiation, preparation ject to the written approval by such and issuance of policies and practices Executive Vice President of each ap Food and Drug Administration related to accounting matters and pro pointment, the Vice Presidents, the _ [DESI 3158] cedures, including official inventories, Deputy Vice Presidents, the Comptrol [Docket No. FDC-D-183; NDA No. 3-158 records, accounting and related office ler, and the Directors of the divisions et al.] procedures where standardized, and ade and commodity offices of the Agricul quate subsidiary records of revenues, ex tural Stabilization and Conservation CERTAIN ANDROGEN PREPARATIONS penses, assets and liabilities; and shall Service may appoint, by written instru perform such other duties relating to the ment or instruments such Contracting Drugs for Human Use; Drug Efficacy fiscal and accounting affairs of the Cor Officers as they deem necessary, who Study Implementation poration as may be prescribed from time may, to the extent authorized by such The Food and Drug Administration to time by the Controller. instrument or instruments, execute con has evaluated reports received from the tracts in the name of the Corporation. Other Officials National Academy of Sciences-National A copy of each such instrument shall be Research Council, Drug Efficacy Study 22. Except as otherwise authorized by filed with the Secretary. Group, on the following drugs: the Secretary of Agriculture or the 27. Appointments of Contracting Of 1. Perandren Propionate, for Intra Board, the operations of the Corpora ficers may be revoked by written instru muscular Injection, Vials, containing 25 tion shall be carried out through the fa ment or instruments by the Executive milligrams, 50 milligrams, or 100 milli cilities and personnel of the Agricultural Vice President or by the official who grams testosterone propionate per mil Stabilization and Conservation Service, made the appointment. A copy of each liliter; Ciba Pharmaceutical Co., 556 the Foreign Agriculutral Service, the Ex such instrument shall be filed with the Morris Avenue, Summit, N.J. 07901 (NDA port Marketing Service, the Food and Secretary. 7029). Nutrition Service and the Consumer and 28. In executing a contract in the 2. Perandren Phenylacetate Intra Marketing Service, in accordance with name of the Corporation, an official shall muscular Repository, Vials, containing any assignment of functions and respon indicate his title. 50 milligrams testosterone phenylacetate sibilities made by the Secretary of Agri Annual R eport per milliliter and 1 percent procaine culture and, within his respective agency, hydrochloride; Ciba Pharmaceutical by the Administrators of the Agricultural 29. The Executive Vice President shall Company (NDA 9349). Stabilization and Conservation Service, be responsible for the preparation of an 3. Oreton Pellets for Subcutaneous Im Foreign Agricultural Service, Food and annual report of the activities of the plantation, containing 75 milligrams Nutrition Service, Consumer and Market Corporation, which shall be filed with testosterone per pellet; Schering Corp., ing Service, or the General Sales Man the Secretary of Agriculture and with 60 Orange Street, Bloomfield, N.J. 07003 ager of the Export Marketing Service. the Board. (NDA 4652). 23. The Directors of the divisions and Amendments 4. Halotestin Tablets, contain 10 mil commodity offices of the Agricultural ligrams, 5 milligrams; or 2 milligrams Stabilization and Conservation Service 30. These bylaws may be altered or fluoxymesterone per tablet; The Upjohn shall be contracting officers and execu amended or repealed by the Secretary Co., 7171 Portage Road, Kalamazoo, tives of the Corporation in general charge of Agriculture, or subject to his approval Mich. 49002 (NDA 10-611). of the activities of the Corporation car by action of the Board at any regular 5. Ultandren Tablets containing 2 mil ried out through their respective divisions meeting of the Board or at any special ligrams or 5 milligrams fluoxymesterone or offices. The responsibilities of such meeting of the Board, if notice of the per tablet, Ciba Pharmaceutical Co. Directors in carrying out activities of the proposed alteration, amendment, or re (NDA 11-424). Corporation, which shall include the au peal be contained in the notice of such 6. Ora-Testryl Tablets, containing 2 thority to settle and adjust claims by special meeting. milligrams or 5 milligrams fluoxymester and against the Corporation arising out Approval of B oard Action of activities under their jurisdiction, shall one per tablet; E. R. Squibb and Sons be discharged in conformity with these 31. The actions of the Board shall be Inc., Georges Road, New Brunswick, N.J. bylaws and applicable programs, policies, subject to the approval of the Secretary 08903 (NDA 11-359). and procedures. of Agriculture and the Assistant Secre 7. Delatestryl, Sterile Solution, for tary for International Affairs and Com Intramuscular Injection, containing 200 B onds modity Programs. milligrams testosterone enanthate per 24. Such officers and employees of the I, Seeley G. Lodwick, Acting Secretary,milliliter, and in disposable syringes con Corporation, including officers and em Commodity Credit Corporation, do taining 200 mg. testosterone enanthate ployees of the Department of Agriculture hereby certify that the above is a full, per syringe; E. R. Squibb and Sons Die. who perform duties for the Corporation, true, and correct copy of the bylaws of (NDA 9165). ' FEDERAL REGISTER, VOL. 35, NO. 1 49— SATURDAY, AUGUST 1, 1970 NOTICES 12357 8. Neo-Hombreol (M), Tablets, con 3. This drug is possibly effective for 4. Methyltestosterone lacks substan taining 10 milligrams or 25 milligrams use in senile pruritis; tissue atrophy in tial evidence of effectiveness for the methyltestosterone per tablet; Organon geriatric patients; cryptorchidism with menopausal syndrome, dysmenorrhea Inc., 375 Mount Pleasant Avenue, West evidence of hypogonadism; and for an and premenstrual tension, and func Orange, N.J. 07052 (NDA 3234). anabolic effect in protein depletion and tional uterine bleeding. 9. Metandren Linguets and Tablets, chronic debility, depletion of protein os B. Form of drug. Methyltestosterone containing 5 milligrams or 10 milligrams seous tissue during corticoid therapy, preparations are in tablet form suitable methyltestosterone per linguet, and 10 spinal paraplegia, and delayed fracture for oral or buccal administration. milligrams or 25 milligrams methyl union. C. Labeling conditions. 1. The label testosterone per tablet; Ciba Pharmaceu 4. Testosterone enanthate lacks sub bears the statement “Caution: Federal tical Co. (NDA 3240). stantial evidence of effectiveness for in law prohibits dispensing without 10. Oreton Methyl Tablets, containing volutional melancholia, dysfunctional prescription.” 10 milligrams or 25 milligrams methyl uterine bleeding, prevention of postpar 2. The drug is labeled to comply with testosterone per tablet; Schering Corp. tum breast engorgement and inhibition all requirements of the Act and regula (NDA 3158). of lactation, menopausal syndrome, fri tions. Its labeling bears adequate infor The drugs are regarded as new drugs gidity, and mammary cancer in pre mation for safe and effective use of the (21 U.S.C. 321(p)). Supplemental new- menopausal women. drug and is in accord with the guidelines drug applications are required to revise B. Form of drug. Testosterone enan for uniform labeling published in the the labeling in and to update previously thate preparations are solutions suitable F ederal R egister of February 6, 1970. approved applications providing for such for intramuscular administration. Thé “Indications” section of the labeling drugs. A new-drug application is required C. Labeling conditions. 1. The label is as follows: from any person marketing such drugs bears the statement “Caution: Federal I ndications without approval. law prohibits dispensing without pre In the male : The Pood and Drug Administration is scription.” 1. Eunuchoidism and eunuchism. prepared to approve new-drug applica 2. The drug is labeled to comply with 2. Male climacteric symptoms when these tions and supplements to previously ap all requirements of the Act and regula are secondary to androgen deficiency. proved new-drug applications under tions. Its labeling bears adequate infor 3. Impotence due to androgenic deficiency. mation for safe and effective use of the 4. Postpuberal cryptorchidism with evi conditions described in this announce dence of hypogonadism. ment. drug and is in accord with the guidelines I. Testosterone for subcutaneous im for uniform labeling published in the In the female: plantation—A. Effectiveness classifica F ederal R egister of February 6, 1970. 1. Prevention of postpartum breast mani festations of pain and engorgement. There tion. The Food and Drug Administration The “indications” section of the labeling is no satisfactory evidence that this drug has considered the Academy report, as is as follows: prevents or suppresses lactation per se. well as other available evidence, and I ndications 2. Postmenopausal osteoporosis. Androgens concludes that: In the male: are without value as a primary therapy, but 1. This drug is effective for eunuchism, 1. Eunuchism, eunochoidism, deficiency may be of value as adjunctive therapy. Equal eunuchoidism, and male climacteric. after castration. or greater consideration should be given to 2. It lacks substantial evidence of ef 2. Male climacteric symptoms when these diet, calcium balance, physiotherapy, and are secondary to androgen deficiency. good general health-promoting measures. fectiveness for advanced breast carci 3. Oligospermia. 3. Palliation of androgen-responsive, ad noma. In the female or male: vancing, inoperable breast cancer, in women B. Form of drug. This preparation is l. Postmenopausal or senile osteoporosis. who are more than 1, but less than 5 years in pellet form suitable for subcutaneous Androgens are without value as a primary postmenopausal or who have been proven implantation. therapy, but may be of value as adjunctive to have a hormone-dependent tumor, as C. Labeling conditions. 2. The label therapy. Equal or greater consideration shown by previous beneficial response to bears the statement “Caution: Federal should be given to diet, calcium balance, castration. law prohibits dispensing without pre physiotherapy, and good general health-pro moting measures. D. Marketing status. Marketing of the scription.” drug may continue under the conditions 2. The drug is labeled to comply with D. Marketing status. Marketing of the described in items VUE and IX of this all requirements of the Act and regula drpg may continue under the conditions announcement except those claims ref tions. Its labeling bears adequate infor described in items v m and IX of this erenced in item v n below may continue mation for safe and effective use of the announcement except those claims ref to be included in the labeling for the drug and is in accord with the guideline erenced in item v n below may continue periods stated. for uniform labeling published in the to be included hi the labeling for the IV. Testosterone propionate solution Fédérai, R egister of February 6, 1970. periods stated. for intramuscular injection—A. Effec The “Indications” section of the labeling m . Methyltestosterone for oral or tiveness classification. The Food and is as follows: buccal administration—A. Effectiveness Drug Administration has considered the I ndications classification. The Food and Drug Ad Academy report, as well as other avail- 1. Eunuchoidism and eunuchism. ministration has considered the Academy able evidence, and concludes that: 2. Male climacteric symptoms when these reports, as well as other available evi 1. This drug is effective for postpu are secondary to testosterone deficiency. dence, and concludes that: beral cryptorchidism with evidence of 1. This drug is effective for eunuchism hypogonadism, eunuchism, and eunuch D. Marketing status. Marketing of the and eunuchoidism, male climacteric oidism, male climacteric symptoms drug may continue under the conditions symptoms when these are secondary to due to testosterone deficiency; palliation described in items VIII and IX of this androgen deficiency, impotence due to of mammary cancer, impotence due to announcement. androgenic deficiency, androgen-respon inadequate androgen production, and for n . Testosterone enanthate solutionsive breast cancer, prevention of post prevention of post-partum pain and for intramuscular injection—A. Effec partum breast manifestations of pain engorgement. tiveness classification. The Food and and engorgement, and postpuberal 2. The ding is probably effective for Drug Administration has considered the cryptorchidism with evidence of postmenopausal osteoporosis. Academy report, as well as other avail hypogonadism. 3. The drug is possibly effective for able evidence, and concludes that: 2. This drug is probably effective for 1. This drug is effective in the therapy prepuberal cryptorchidism with evidence postmenopausal osteoporosis. of hypogonadism, suppression of lacta °f eunuchism, eunuchoidism, deficiency 3. This drug is possibly effective for after castration, male climacteric symp suppression of lactation, prepuberal tion, convalescence and cachectic states toms, and oligospermia., cryptorchidism with evidence of hypo for anabolic effect. 2. The drug is probably effective for gonadism, convalescent and cachectic 4. Testosterone propionate lacks sub postmenopausal or senile osteoporosis. states for anatiolic effect. stantial evidence of effectiveness for FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12358 NOTICES menopause, dysmenorrhea, and premen C. Labeling conditions. 1. The label 2. The drug is labeled to comply with strual tension, functional utérine bleed bears the statement “Caution: Fed all requirements of the Act and regula ing, menorrhagia, metrorrhagia, endo eral law prohibits dispensing without tions. Its labeling bears adequate infor metriosis, and chronic cystic mastitis. prescription.” mation for safe and effective use of the B. Form of drug. Testosterone pro 2. The drug is labeled to comply with drug and is in accord with the guidelines pionate preparations are solutions suit all requirements of the Act and regula for uniform labeling published in the able for intramuscular administration. tions. Its labeling bears adequate in F ederal R egister of February 6, 1970. C. Labeling conditions. 1. The label formation for safe and effective use of The “Indications” section of the labeling bears the statement “Caution: Federal the drug and is in accord with the is as follows : law prohibits dispensing without pre guidelines for uniform labeling published I ndications in the F ederal R egister of February 6, In the male : scription.” The primary indication in the male is 2. The drug is labeled to comply with 1970. The “Indications” ^section of the replacement therapy in conditions associated all requirements of the Act and regula labeling is as follows: with a deficiency or absence of endogenous tions. Its labeling bears adequate infor I ndications testicular hormone. Androgen therapy pre mation for safe and effective use of the In the male : vents the development of atrophic changes drug and is in accord with the guidelines 1. Eunuchoidism and eunuchism. in the accessory male sex organs following for uniform labeling published in the 2. Climacteric symptoms when these are castration; as long as replacement therapy F ederal R egister of February 6, 1970. secondary to testosterone deficiency. is continued, these organs can be maintained in a relatively normal state. The “indications” section of the labeling In the female: 1. Primary eunuchoidism'and eunuchism. is as follows: 1. Postmenopausal osteoporosis. Androgens 2. Male climacteric symptoms when these I ndications are without value as a primary therapy, but are secondary to androgen deficiency. In the male: may be of value as adjunctive therapy. Equal 3. Those symptoms of panhypopituitarism 1. Postpuberal cryptorchidism with evi or greater consideration should be given to related to hypogonadism. Appropriate adrenal dence of hypogonadism. diet, calcium balance, physiotherapy, and cortical and thyroid hormone replacement 2. Eunuchism and eunochoidism. Treat other good general health-promoting therapy are still necessary, however, and are ment is not usually begun until puberty. measures. actually of primary importance. 3. Impotence (due to inadequate androgen 2. Palliation of androgen-responsive, ad 4. Impotence due to androgen deficiency. production). vancing, inoperable mammary cancer in 5. Delayed puberty, provided it has been 4. Male climacteric symptoms, if these are women who are more than 1 year, or less than definitely established as such, and it is not due to testosterone deficiency. 5 years postmenopausal who have been just a familial trait. proven to have a hormone-dependent can In the female: cer. With the use of this long-acting prepa In the female: 1. Prevention of postpartum breast mani ration, it would be Impossible to properly 1. Prevention of postpartum breast mani festations of pain and engorgement. There nullify the untoward effects of tumor pro festations of pain and engorgement. There is is no satisfactory evidence that this prepara gression, hypercalcemia, or salt and water no satisfactory evidence that this drug pre tion prevents or suppresses lactation itself. retention. vents or suppresses lactation per se. 2. Postmenopausal osteoporosis. Andro 2. Postmenopausal osteoporosis. Androgens gens are without value as a primary therapy, D. Marketing status. Marketing of the are without value as a primary therapy, but but may be of value as adjunctive therapy. drug may continue under the conditions may be of value as adjunctive therapy. Equal Equal or greater consideration should be described in items VUE and IX of this or greater consideration should be given to given to diet, calcium balance, physiotherapy, diet, calcium balance, physiotherapy, and and good general health-promoting measures. announcement except those claims ref good general health-promoting measures. 3. Palliation of androgen-responsive, ad erenced in item VII below may continue 3. Palliation of androgen-responsive, ad vancing, inoperable mammary cancer in to be included in the labeling for the pe vanced, Inoperable female breast cancer, in women who are more than 1, but less than riods stated. women who are more than 1, but less than 5 years postmenopausal or who have been VI. Fluoxymesterone for oral adminis5 years postmenopausal or who have been proven to have hormone-dependent tumor, tration—A. Effectiveness classification. proven to have a hormone-dependent tumor, as shown by previous beneficial response to The Food and Drug Administration has as shown by previous beneficial response to castration. considered the Academy reports, as well castration. D. Marketing status. Marketing of the as other available evidence, and con D. Marketing status. Marketing of the drug may continue under the conditions cludes that: drug may continue under the conditions described in items VIII and IX of this 1. This drug is effective for panhypo described in items VII and IX of this announcement except those claims ref pituitarism, eunuchism and eunuchoid announcement except those claims ref erenced in item VU below may continue ism, delayed puberty, male climacteric erenced in item VII below may continue to be included in the labeling for the symptoms when these are secondary to to be included in the labeling for the pe periods stated. androgen deficiency, palliation of ad riods stated. V. Testosterone phenylacetate suspenvanced inoperable mammary cancer, pre VII. Indications permitted during the sion for intramuscular repository—A. vention of postpartum breast manifesta extended period for obtaining substantial Effectiveness classification. The Food tions and impotence due to androgen evidence. A. Those indications for, which and Drug Administration has considered deficiency. the drugs are described in paragraphs the Academy report, as well as other 2. This drug is probably effective for HA, ÜI.A, IV.A, VA, and VIA above as available evidence, and concludes that: osteoporosis (postmenopausal). probably effective are included in the 1. This drug is effective for eunuchoid 3. This drug is possibly effective for labeling conditions and may continue to ism, male climacteric symptoms when control of lactation; in the treatment of be used for 12 months following the date these are secondary to testosterone de protein depletion states which occur in of this publication to allow additional ficiency, and palliation of mammary geriatric patients, in debilitation disor time within which holders of previously cancer. ders, in chronic corticoid therapy; resist approved applications or persons mar 2. This drug is probably effective for ant fractures; cryptorchidism; creating keting the drugs without approval may osteoporosis (postmenopausal). a positive nitrogen balance, tissue repair obtain and submit to the Food and Drug 3. This drug is possibly effective for and other anabolic effects. Administration data to provide sub anabolic effect in fracture after surgery 4. Fluoxymesterone lacks substantial stantial evidence of effectiveness. and injury in convalescence to oppose evidence of effectiveness for menorrhagia catabolic action of cortisone. and metrorrhagia, and treatment of B. Those indications for which the 4. Testosterone phenylacetate lacks frigidity. drugs are described in paragraphs II.A, substantial evidence of effectiveness for B. Form of drug. Fluoxymesterone m.A, IVA, VA, and VIA above as pos prepuberal hypogonadism, memorrhagia preparations are in tablet form suitable sibly effective (not included in the label and metrorragia. for oral administration. ing conditions) may continue to be used B. Form of drug. Testosterone phen C. Labeling conditions. 1. The label ylacetate preparations are suspensions bears the statement “Caution: Federal for 6 months following the date of this suitable for intramuscular repository law prohibits dispensing without pre publication to allow additional time administration. scription.” within which such persons may obtain FEDERAL REGISTER, V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 NOTICES 12359 and submit to the Food and Drug Admin the indications referenced in section VII for human use containing the same com istration data to provide substantial evi for the periods stated.) ponents and offered for the indications dence of effectiveness. To be acceptable IX. . New applications. 1. Any otherfor which substantial evidence of effec for consideration in support of the person who distributes or intends to dis tiveness is lacking, to be a new drug for effectiveness of a drug, any such data tribute such drug which is intended for which an approved new-drug applica must be previously unsubmitted, well- the conditions of use for which it has tion is not in effect. Any such drug then organized, and include data from ade been shown to be effective, as described on the market would be subject to regu quate and well-controlled clinical in under A above, should submit an abbre latory proceedings. vestigations (identified for ready review)1 viated new drug application meeting the B. In accordance with the provisions as described in § 130.12(a) (5) of , the conditions specified in § 130.4(f) (1), (2), of section 505 of the Act (21 U.S.C. 355) regulations published as a final order and (3), published in the F ederal R egis and the regulations promulgated there in the F ederal R egister of May 8, 1970 ter of April 24, 1970 (35 F.R. 6574). Such under (21 CFR Part 130), the Commis (35 F.R. 7250). Carefully conducted and applications should include proposed sioner will give the holders of any such documented clinical studies obtained un labeling which is in accord with the applications, and any interested person der controlled or partially controlled labeling conditions described herein and who would be adversely affected by such situations are not acceptable as a sole adequate data to assure the biologic an order, an opportunity for a hearing basis for the approval of claims of effec availability of the drug in the formula to show why such indications should not tiveness, but such studies may be con tion which is marketed or proposed for be deleted from labeling. A request for sidered on their merits for corroborative marketing. For preparations claiming a hearing must be filed within 30 days support of efficacy and evidence of safety. sustained action, timed release, or other after the date of publication of this no v m . Previously approved applica delayed or prolonged effect, these data tice in the F ederal R egister. A request tions. 1. Each holder of a “deemed ap should show that the drug is available for a hearing may not rest upon mere proved” new-drug application (Le.„ an at a rate of release which will be safe allegations or denials, but must set forth application which became effective on and effective. specific facts showing that there is a the basis of safety prior to Oct. 10, 1962) 2. Distribution of any such prepara genuine and substantial issue of fact that for such drug is requested to seek ap tion currently on the market without an requires a hearing, together with a well- proval of the claims of effectiveness and approved new drug application may be organized and full-factual analysis of bring the application into conformance continued provided that: the clinical and other investigational by submitting supplements containing: a. Within 60 days from the date of data the objector is prepared to prove in a. Revised labeling as needed to con publication of this announcement in the a hearing. Any data submitted in re form to the labeling conditions described F ederal R egister, the labeling of such sponse to this notice must be previously here for the drug, and complete cur preparation shipped within the jurisdic unsubmitted and include data from ade rent container labeling, unless recently tion of the Act is in accord with the quate and well-controlled clinical in submitted. labeling conditions described herein. (It vestigations (identified for ready review) b. Adequate data to assure the biologic may continue to include the indications as described in section 130.12(a)(5) of availability of the drug in the formula referenced in item VII for the periods tiie regulations published in the F ederal tion which is marketed. For preparations stated.) R egister of May 8, 1970 (35 F.R. 7250). claiming sustained action, timed release, b. The manufacturer, packer, or dis Carefully conducted and documented or other delayed or prolonged effect, tributor of such drug submits, within clinical studies obtained under uncon these data should show that the drug is 180 days from the date of this publica trolled or partially controlled situations available at a rate of release which is tion, a new drug application to the Food are not acceptabe as a sole basis for ap safe and effective. If such data are al and Drug Administration. proval of claims of effectiveness, but such ready included in the application, spe c. The applicant submits within a studies may be considered on their merits cific reference thereto may be made. reasonable time, additional information for corroborative support of efficacy and c. Updating information as needed to that may be required for the approval evidence of safety. If a hearing is re make the application current in regard of the application as specified in a writ quested and 'is justified by the response to items 6 (components), 7 (composi ten communication from the Food and to this notice, the issues will be defined, tion), and 8 (methods, facilities, and Drug Administration. a hearing examiner will be named, and controls), of the new-drug application d. The application has not been ruled he shall issue a written notice of the time form 356H to the extent described for incomplete or unapprovable. and place at which the hearing will abbreviated new-drug applications, X. Exemption from periodic reporting. commence. 5130.4(f), published in the F ederal The periodic reporting requirements of XII. Unapproved use or form of drug. R egister of April 24,1970 (35 F.R. 6574). §§ 130.35(e) and 130.13(b) (4) are waived 1. If the article is labeled or advertised (One supplement may contain all the in in regard to applications approved for for use in any condition other than those formation described in this paragraph.) these drugs solely for the conditions of provided for in this announcement, it 2. Such supplements should be sub use for which the drugs are regarded as may be regarded as an unapproved new mitted within the following periods after effective as described herein. 1316 re drug subject to regulatory proceedings the date of publication of this notice in porting requirements of §§ 130.35(f) and until such recommended use is approved the F ederal R egister: 130.13(b) (1),' (2), and (3) are not in a new drug application, or is otherwise a. 60 days for revised labeling—thewaived by this exemption and are a con in accord with this announcement. supplement should be submitted under tinuing obligation of the applicant. 2. If the article is proposed for mar the provisions of § 130.9 (d) and (e) of XL Opportunity for a hearing. A. The keting in another form or for use other the new drug regulations (21 CFR 130.9) Commissioner of Food and Drugs pro than the use provided for in this an which permit certain changes to be put poses to issue an order under the provi nouncement, appropriate additional in into effect at the earliest possible time. sions of section 505(e) of the Federal formation as described in § 130.4 or “• *80 days for biologic availability Food, Drug, and Cosmetic Act withdraw § 130.9 of the regulations (21 CFR 130.4, ing approval of all new-drug applications 130.9) may be required, including results c. 60 days for updating information. and all amendments and supplements of animal and clinical tests intended to 3. Marketing of the drug may continue thereto providing for the indications show whether the drug is safe and until the supplemental applications sub for which substantial evidence of ef effective. mitted in accord with the preceding sub- fectiveness is lacking as described in A copy of the NAS-NRC report has paragraphs 1 and 2 are acted upon, paragraphs LA, II.A, m.A, IV.A, V.A, and been furnished to each firm referred to provided that within 60 days after the VI.A of this announcement. An order above. Any other interested person may date of this publication, the labeling of withdrawing approval of the applications obtain a copy by request to the appro *r'6 Preparation shipped within the ju will not issue if such applications are sup priate office named below. risdiction of the Act is in accord with the plemented, in accord with this notice, to Communications forwarded in re labeling conditions described in this an delete such indications. Promulgation of sponse to this announcement should be nouncement. (It may continue to include the proposed order would cause any drug identified with the reference number FEDERAL REGISTER, V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 No. 149------7 12360 NOTICES DESI 3158 and be directed to the atten insecticide o-lsopropoxyphenyl methyl- late to or refer to the Assistant Secretary tion of the following appropriate office carbamate in or on the raw agricultural for Science and Technology. and unless otherwise specified be ad commodities straws of barley, oats, and Effective date: July 1, 1970. dressed to the Pood and Drug Adminis wheat at 1 part per million and grains of tration, 5600 Fishers Lane, Rockville, Md. barley, oats, and wheat at 0.5 part per Larry A. J obe, 20852: million on April 23, 1969 (notice was Assistant Secretary for Administration. Requests for Hearing (identify with docket published in the F ederal R egister of number) : Hearing Clerk, Office of General May 1, 1969; 34 F.R. 7180) which ex [P.R. Doc. 70-9964; Piled, July 31, 1970; Counsel (GC-1) Room 6-62, Parklawn. pired April 23,1970. 8:46 a.m.] Supplements (identify with NDA number) : The firm has amended its petition by Office of Marketed Drugs (BD-200), Bureau reducing the tolerance levels to 0.2 part of Drugs. per million for the straws and 0.1 part Original abbreviated new-drug applications, per million for the grains of barley, oats, DEPARTMENT OF HOUSING AND (identify as such) : Office of Marketed and wheat and has requested a 1-year Drugs (BD-200) Bureau of Drugs. extension to permit additional tests in URDAN DEVELOPMENT All other communications regarding accordance with temporary permits is this announcement: sued by the U.S. Department of Agricul ACTING FEDERAL INSURANCE ADMINISTRATOR Special Assistant for Drug Efficacy Study ture. Implementation (BD-201), Bureau of The Commissioner of Food and Drugs Designation Drugs. has determined that such extension Requests for NAS-NRC reports: Press Rela would protect the public health. There The following persons are hereby tions Office (CE-200), Pood and Drug Ad fore, an extension has been granted and designated to serve as Acting Federal ministration, 200 C Street SW., Washing will expire July 24, 1971. Insurance Administrator during the ab ton, D.C. 20204. This section is taken pursuant to pro sence of the Federal Insurance Admin This notice is issued pursuant to pro visions of the Federal Food, Drug, and istrator, with all the powers, functions, visions of the Federal Food, Drug, and Cosmetic Act (sec. 408(j), 68 Stat. 512; and duties delegated or assigned to the Cosmetic Act (secs. 502, 505, 52 Stat. 21 U.S.C. 346a(j)) and under authority Administrator: Provided, That no offi 1050-53, as amended; 21 U.S.C. 352, 355) delegated to the Commissioner (21 CFR cial is authorized to act in the Adminis and under authority delegated to the 2.120). v ^ trator’s capacity, unless all of the offi Commissioner of Food and Drugs (21 Dated: July 24,1970. cials whose position titles precede his in CFR 2.120). this designation are unable to act by S am D. F ine, reason of absence or a vacancy: Dated: July 6,1970. Acting Associate Commissioner 1. Charles W. Wiecking, Assistant Ad Sam D. F ine, for Compliance. ministrator for Program Development. Associate Commissioner [P.R. Doc. 70-9955; Piled, July 31, 1970; 2. Richard W. Krimm, Assistant Ad for Compliance. 8:46 a.m.] ministrator for Flood Insurance. [PJt. Doc. 70-9969; Piled, July 31, 1970; This designation amends the designa 8:47 a.m.] tion effective March 26, 1970 (35 F.R. 5570, Apr. 3, 1970). DEPARTMENT OF COMMERCE (Secretary’s delegations of authority effec GEIGY CHEMICAL CORP. tive Feb. 27, 1969 (34 P.R. 2680, Feb. 27, Office of the Secretary 1969)). Notice of Filing of Petition for Food [Department Organization Order 10-1; Additives Effective date. This designation shall Amdt. 1] be effective as of Monday, July 22, 1970. Pursuant to provisions of the Federal ASSISTANT SECRETARY FOR SCIENCE G eorge K. Bernstein, Food, Drug, and Cosmetic Act (sec. 409 AND TECHNOLOGY (b)(5), 72 Stat. 1786; 21 Ü.S.C. 348(b) Federal Insurance Administrator. (5)), notice is given that a petition (FAP Delegation of Authority [P.R. Doc. 70-9970; Piled, July 31, 1970; 0B2566) has been filed by Geigy Indus 8:47 a.m.] trial Chemicals, Division of Geigy Chemi The following amendment to the order cal Corp., Ardsley, N.Y. 10502, propos was issued by the Secretary of Commerce ing that § 121.2566 Antioxidants and/or on July 1, 1970. This material supersedes stabilisers for polymers (21 CFR the material appearing at 30 F.R. 15042 DEPARTMENT OF 121.2566) be amended to provide for the of December 4, 1965; and amends the safe use of octadecyl 3,5-di-ferf-butyl-4- material appearing at 34 F.R. 12840 of TRANSPORTATION hydroxyhydrocinnamate as an antioxi August 7,1969. dant and/or stabilizer at levels not to The Office of State Technical Services Coast Guard exceed 0.25 by weight of poly sty rene, and (OSTS) is hereby abolished, and De [CGPR 70-104] rubber-modified polystyrene, complying partment Organization Order 10-1 of with § 121.2510, intended for food- July 25, 1969, is hereby amended as BOSTON HARBOR contact use. follows: Security Zone 1. S ec. 3. Scope of authority. Para Dated: July 23,1970. graph .01 is amended to delete the refer By virtue of the authority vested in R. E. D uggan, ence to the Office of State Technical the Commandant, U.S. Coast Guard, by Acting Associate Commissioner Services, and a new paragraph .021. is Executive Order 10173, as amended (33 for Compliance. added to read: CFR Part 6), sec. 6(b) (1), 80 Stat. 937, (P.R. Doc. 70-9966; Piled, July 31, 1970; “i. To exercise the functions, powers, 49 U.S.C. 1655(b)(1), 49 CFR 1.46(b) 8:46 a.m.] duties, and authorities of the Secretary and the redelegation of authority to of Commerce pursuant to the provisions Chief, Office of Operations, U.S. Coast of the State Technical Services Act of Guard, as contained in the F ederal o-ISOPROPOXYPHENYL 1965 (Public Law 89-182, 15 U.S.C. 1351- R egister of May 27, 1970 (35 F.R. 8279), I hereby affirm for publication in the METHYLCARBAMATE ‘ 1368), as may be required, including re duction of the Department’s activities F ederal R egister the order of W. B. Notice of Extension of Temporary under the Act in the absence of author Ellis, Rear Admiral, U.S. Coast Guard, Tolerance ized funds.” Commander, First Coast Guard District, who has exercised authority as District Chemagro Corp., Post Office Box 4913, 2. Sec. 6. Saving provision. References Kansas City, Mo. 64120, was granted a in any document or order to OSTS or the Commander, such order reading as fol temporary tolerance for residues of the Director, OSTS, shall be deemed to re lows: FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 NOTICES 12361 Boston Harbor Security Zone Notice is hereby given that a Highway of a comparative issue to determine “Under the present authority of section 1 Accident Investigation Hearing on the which of the proposals would provide of title II of the Espionage Act of June 15, above matter will be held commencing the most reliable signal from the origi 1917, 40 Stat. 220, as amended, 50 U.S.C. 191, at 9 a.m. e.d.t., on Tuesday, September 22, nating station to the propsed TV trans and Executive Order 10173, as amended, I 1970, in the South Room of the Holiday lator stations. declare that from 0900 Eastern Daylight Inn-West, located on U.S. Route 22 at 2. Meyer concedes that its petition is Time on Monday, August 3, 1970, until 1200 U.S. Route 309, Allentown, Pa. not timely under § 1.229 of the Commis Eastern Daylight Time on Monday, August 3, sion’s rules and requests that the rule be 1970; and from 0900 Eastern Daylight Time Dated this 27th day of July 1970. on Wednesday, 5 August, 1970 until 1200 waived. In support of a waiver, Meyer Eastern Daylight Time on Wednesday, 5 For the Board. submits the following: In the designation August 1970, the following area is a security order, the Commission directed that “the zone and I order it to be closed to any person [seal] F rancis H. McAdams, issues and conduct of the hearing are to or vessel due to the transiting of this area Chairman, Board of Inquiry. be governed by the principles * * * set by the U.S.S. JOHN F. KENNEDY and the re [F.R. Doc. 70-9959; Filed, July 31, 1970; out in the Montana Network, 9 FCC 2d strictive size of the channels which will not 8:46 a.m.] allow any other traffic during the times indi 705, 10 RR 2d 1104 [(1967) ] and WLUC, cated above: Inc., 13 FCC 2d 406, 13 RR 2d 508 “The waters of Boston Harbor including [ (1968) ].” Beyer states that the issues in the East and West Parts of the Boston North this proceeding are identical with those Channel as far north as Finns Ledge (42-22- FEDERAL COMMUNICATIONS specified by the Commission in The Mon 12N & 70—55—12W), that part of President tana Network case. Petitioner further Roads west of 70-56W and north of 42-19- contends that in The Montana Network 52N (excluding anchorage 2) and the Boston COMMISSION Main Channel east of 71-02W.” [Dockets Nos. 18737, 18738; FOC 70R-258] case evidence was adduced at the hear No person or vessel shall remain in or enter ing and findings of fact and conclusions this security zone without permission of the MEYER BROADCASTING CO. AND of law were made by the Hearing Exam Captain of the Port. HARRISCOPE BROADCASTING CORP. iner with respect to the technical en The Captain of the Port, Boston, Mass., Memorandum Opinion and Order gineering factors affecting the reception shall enforce this order. In the enforcement of the signal by the TV translators from of this order, the Captain of the Port may Memorandum Opinion and Order the originating stations and to reception utilize, by appropriate agreement, personnel Enlarging Issues conditions over the areas in question.3 and facilities of any other Federal agency, Meyer states that at the March 31, 1970, or of any state or political subdivision there In regard applications of Meyer Broad of. hearing session in this proceeding, it sub For violation of this order, section 2 of casting Co., Glendive, Mont., Docket No. mitted evidence purporting to show the title II of the Espionage Act of June 15, 1917 18737, File No. BPTTV-3723; Harriscope nature and quality of the signals which (40 Stat. 220 as amended, 50 U.S.C. 192) , pro Broadcasting Corp., Glendive, Mont., would be provided by each of the ap vides: Docket No. 18738, File No. BPTTV-3758; plicants to the city of Glendive. The “If any owner, agent, master, officer, or for construction permit for new televi Hearing Examiner ruled that such evi person in charge, or any member of the crew sion broadcast translator station. dence was not within the scope of the of any such vessel fails to comply with any 1. This proceeding involves the mu regulation or rule issued or order given under existing issues, and that Meyer could the provisions of this chaper, or obstructs or tually exclusive applications of Meyer request an enlargement of the issues in interferes with the exercise of any power con Broadcasting Co. (Meyer) and Harris order to determine which applicant ferred by this chapter, the vessel, together cope Broadcasting Corp. (Harriscope) would provide the most reliable service with her tackle, apparel, furniture, and for permits to construct a new 100-watt to Glendive. Relying upon its interpreta equipment, shall be subject to seizure and VHF television broadcast translator sta tion of the principles in The Montana forfeiture to the United States in the same tion on Channel 9 at Glendive, Mont. Network, supra, and the engineering evi manner as merchandise is forfeited for viola Meyer proposes to rebroadcast the sig tion of the customs revenue laws; and the dence accepted therein, Meyer explains person guilty of such failure,, obstruction, or nals of its Station KUMV-TV, Channel that it did not timely petition the Com interference shall be punished by imprison 8, Williston, N. Dak.; and Harriscope mission for enlargement of issues as pre ment for not more than 10 years, and may, proposes to rebroadcast the signals of scribed by § 1.229. As to the merits of its in the discretion of the court, be fined not its Station KULR-TV, Channel 8, Bill request, Meyer submits that its transla more than $10,000. ings, Mont. By memorandum opinion tor station will receive KUMV-TV’s sig “(a) If any other person knowingly fails and order, FCC 69-1226, 20 FCC 2d-532, nal on a one-hop basis over a distance of to comply with any regulation or rule issued released November 14, 1969, the Com 75.5 miles, while the Harriscope proposal or order given under the provisions of this mission designated the applications for requires transmission over a path dis chapter, or kttoWihgly obstructs or interferes hearing on three comparative issues.1 with the exercise of any power conferred by tance of more than 209 miles, necessitat this chapter, he shall be punished by im Presently before the Review Board is a ing relays of four separate hops. The prisonment for not more than 10 years and petition to enlarge issues, filed April 21, hearing exhibits originally offered by may, at the discretion of the court, be fined 1970, by Meyer,2 requesting the addition Meyer and a sworn engineering state not more than $10,000.” ment are attached to the petition to sup iThe designated issues are: port Meyer’s contentions. Petitioner Dated: July 30, 1970. 1. To determne, on a comparative basis, which of the proposals would better meet contends, with regard to Harriscope’s R. E. H ammond, the programing tastes, needs, and interests of proposal, that the terrain over which Rear Admiral, U.S. Coast Guard, the community. these signals are directed is extremely' Chief, Office of Operations, 2. To determine which of the applicants rugged and mountainous and that line- [F.R. Doc. 70-10074; Filed, July 31, 1970; offers the better prospect for eventual con of-sight transmission does not exist on 8:51 a.m.] <_ struction and operation of a regular televi any hop with the exception of a marginal sion broadcast station on the channel in situation for the path between Miles City Glendive. 3. To determine which of the proposals and Terry (third leg). Meyer asserts National Transportation Safety Board would better serve the public interest, con that considering the nature of the terrain, the large distances between [Docket No. SS-H-10] venience, and necessity. . 4. To determine, in the light of the evi transmitters and receivers, and the com INVESTIGATION OF CHARTERED BUS dence adduced pursuant to the foregoing issues, which of the applications should be paratively low power of the translators CRASH NEAR NEW SMITHVILLE, granted. for the four-hop system, very low signal PA. »Also before the Review Board are: (a) strengths can be expected at the relay Notice of Hearing opposition, filed May 25, 1970, by Harriscope; (b) Broadcast Bureau’s comments, filed In the matter of investigation of the May 25, 1970; (c) reply, filed June 1, 1970, 3 The initial decision (FCC 68D-14, released Chartered Bus Crash on U.S. Route 22, by Meyer; and (d) supplemental information Feb. 21, 1968, 12 FCC 2d 396, 12 RR 2d 1265) (1-78), near New Smithville, Pa., on to petition to enlarge issues, filed July 6, became effective Apr. 11, 1968, pursuant to July 15, 1970. 1970, by Meyer. S 1.276. FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12362 NOTICES points, and that the computed signal indicate that the translator at Terry was Rules 1.229 and 1.301) and no adequate strength on these four hops are approxi subjected to interference which, in his explanation for the late filing has been mately 20, 100(UHF), 44, and 15 mi opinion, can be caused by adjacent trans given. Nevertheless, Meyer’s petition does crovolts per meters, respectively. In lator installations, Harriscope’s engineer raise a public interest question of sub contrast, it claims that the computed asserts that installation of proper filters stantial magnitude and enlargement of signal from KUMV-TV at the Glendive and attention to good installation prac the issues will not unduly disrupt the receiving site is in excess of 100 nv/m tices can virtually eliminate such inter proceedings. Thus, consistent with our (VHP), and that a recommended signal ference. It is submitted that while practice,6 we have considered the peti level for a noise-free picture and for a Meyer points out that several of the tion on the merits and have concluded proper fading margin is a minimum of paths involve terrain obstructions, no that the issue should be added.6 In The 500 /iv/m, but preferably 1,000 nv/m for evidence is offered that the diffraction Montana Network, supra, the Commis UHF and 500 ¿uv/m or slightly less for loss is so severe as to preclude proper sion stated that in proceedings such as VHP, and that the signals of the lower operation, assuming antenna systems of this one, involving mutually exclusive level expected at the end of four-hop reliable gain and low-noise preamplifiers, applications for 100-watt TV translators, transmission system, even increased by and that line-of-sight can be attained “it is difficult to frame issues for a hear antenna gain at all locations with al by merely adding 100 to 250 feet of tower ing which will provide a realistic basis lowances for the line loss, conceivably height at each end. for decision because the Commission’s could not deliver the recommended sig 4. The Broadcast Bureau, in its com usual comparative criteria have been nal strength for a noise-free picture. ments, supports Meyer’s petition, on" the developed in contests between applicants 3, Harriscope opposes Meyer’s petitionground that the factual matters raised for stations capable of local program on procedural and substantive grounds. by Meyer and its supporting exhibits origination. Here, however, there appears Harriscope first contends that Meyer’s should be the subject of an evidentiary to be little basis upon which the propos reliance on The Montana Network case hearing. However, the Bureau feels that als may be meaningfully compared.” 9 is misplaced: although engineering evi the feasibility of both proposals has been FCC 2d at 706, 10 RR 2d at 1105. In the dence relating to the capability of one brought into question and therefore Montana case, a comparative inquiry of the applicants to achieve its proposal would frame the issue in terms of the into the applicants’ engineering pro was introduced in that proceeding, there basic, and not comparative, qualifications posals was not specified; however, was no authoritative resolution of the ad of the applicants. engineering evidence was adduced at missibility of such evidence under the 5. In reply, Meyer contends that the the hearing and the Examiner ruled issues as framed, because the initial de Commission itself determined that The on its weight in his conclusions.7 The cision was not appealed and became ef Montana Network case constituted “rul efficient operation of a broadcast fa fective pursuant to § 1.276. Whatever ing case law” when it prescribed that the cility is often an appropriate mat merit there may have been in Meyer’s instant hearing is to be governed by the ter for inquiry in a comparative broad determination that The Montana Net principles and issues set forth in that cast facility is often an appropriate mat work case warranted its course of action case, and that the Broadcast Bureau’s ter for inquiry in a comparative broad in this case, Harriscope asserts, no excuse favorable comments prove that the addi cast hearing. Policy Statement on Com has been or can be offered for its failure tional issue requested is so substantial as parative Broadcast Hearings, 1 FCC 2d to raise the present issue until some 3 to outweigh the public interest benefits 393, 398-399, 5 RR 2d 1901* 1913 (1965). months following the second prehearing inherent in the orderly and fair admin See, e.g., Minshall Broadcasting Com conference, held on January 21, 1970, at istration of the Commission’s business. pany, Inc., 15 FCC 2d 931, 15 RR 2d 394 which counsel for Meyer proposed to in In its supplementary pleading (see note (1969). Likewise, in comparative TV quire into the technical feasibility of the 2, supra), Meyer calls the Board’s atten translator cases, the question of efficiency manner in which Harriscope proposed to tion to a recent court decision4 in which should be explored where a threshold transmit the KULR-TV signal to the pro the U.S. Court of Appeals for the Ninth showing has been made indicating a ma posed translator in Glendive. Counsel Circuit reversed a Commission order and terial difference in signals to be received. for the Broadcast Bureau expressed the remanded the proceeding to the Com See The Montana Network, supra, 12 view that enlargement of the issues mission for an adequate determination FCC 2d 396, 12 RR 2d 1265.8 Cf. Report would be required, states Harriscope, of the present and potential quality of a making known to Meyer at that time TV signal at the headend of a CATV sys and Order in Docket No.- 18858, 1 FCC that its proffered evidence would be tem. Meyer submits that the question of 2d 15, 22, 5 RR 2d 1702, 1709 (1965). In opposed on the grounds of materiality the quality of the TV signals received at our opinion, Meyer has made such a and relevance. Harriscope thus urges the transmitter sites of the proposed TV threshold showing, raising a public in that no basis exists for waiver of the time translators in this case “raises the iden terest question which should be deter requirement set forth in § 1.229 and that tical issue” as that ordered by the court the petition must therefore be judged on mined in an evidentiary hearing. There in Cable TV of Santa Barbara. fore, we will specify a comparative issue the basis of the standards enunciated in 6. The Review Board is not satisfied Edgefield-Saluda Radio Co., 5 FCC 2d that good cause for the late filing of to determine which of the proposals 148, 8 RR 2d 611 (1966),-which stand Meyer’s petition has been shown. The would provide the most reliable TV signal ards, Harriscope states, Meyer fails to designation Order was published on No meet. In the opinion of Harriscope’s en vember 21, 1969; therefore, the time for “The Edgefield-Saluda Radio Co., 5 FCC gineer, whose affidavit is attached to the filing a timely enlargement petition has 2d 148, 8 RR 2d 611 (1966); Medford Broad opposition, Meyer’s observations regard long since passed. Meyer’s reliance on casters, Inc., 18 FCC 2d 699, 700, 16 RR 2d ing the signals are meaningless in evalu The Montana Network case is under 90Q, 902 ( 1969), and cases cited therein. ating the present performance of the standable; however, as pointed out by 6 Contrary to Harriscope’s contentions, the Miles City translator, because they do Harriscope, counsel for Meyer was ap fact that the Commission did not consider or not provide any quantitative evidence on prised on January 21, 1970, that the en specify the requested issue in the designa which the long-term performance of tion order does not preclude our doing so at gineering evidence in question would be this time. See Atlantic Broadcasting Co., 5 these translators can be judged. The en opposed as not within the scope of the FCC 2d 717, 8 RR 2d 991 (1966). See also gineer contends that the dipole receiving existing issues; the Examiner rejected Day-Nite Radio Message Service Corp., 23 antenna, mounted 6 feet above ground the proffered evidence on March 31,1970, FCC 2 d ----- , ------, 19 RR 2d 301, 304 (1970). on an automobile, utilized by Meyer in and the instant petition was not filed T The Examiner found the evidence to be making observations around Miles City until 21 days later. Consequently, viewed inconclusive, 12 FCC 2d at 417, 12 RR 2d at is not a typical receiving installation and either as an appeal from the Examiner’s 1286. does not provide a fair test of the quality ruling or as a petition to enlarge issues, 8 As Harriscope points out, thé initial deci of the signal transmitted by the transla sion in The Montana Network ease is not Meyer’s request is untimely (Commission precedent because it has never been reviewed. tor. He also observes that no evidence See WFPG, Inc. 33 FCC 673, 677, 24 RR 419, was submitted on the actual performance ‘ Cable TV of Santa Barbara, Inc. v. FCC, 425 (1962). However, we cannot overlook the of the receiving equipment itself. Noting ------F. 2d -—-, 19 RR 2d 2053 (Case No. sound reasoning of the Examiner in that that the photographs supplied by Meyer 24,827, 9th Cir., June 8,1970). case in allowing the evidence to be adduced. FEDERAL REGISTER, V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 NOTICES 12363 from the originating station to the pro (Zaba),1 which requests the addition of 5 FCC 2d 148, 8 RR 2d 611 (1966). The posed TV translator stations in order to issues inquiring into the availability of Bureau notes that Mr. Guzman’s unveri render a program service to Glendive.8 the proposed transmitter site of Radio fied letter is not supported by an affi As Meyer states, “service to the public in Antilles, Inc. (Radio Antilles), and davit; that the movant has not related Glendive would be meaningless unless the character qualifications of that the Radio Antilles transmitter site to the signal of the originating station applicant* the property in the custody of Mr. Guz would be satisfactorily received and re 2. Zaba concedes that the instant mo man; and that the exact nature or transmitted by the projected transla tion, which was filed almost 10 months phraseology of the inquiry Zaba ad tors.” In short, Meyer and Harriscope after the hearing issues were first pub dressed to the receiver has not been dis have, in their conflicting allegations, lished in the F ederal R egister, contra closed.6 Besides stating its agreement raised a serious question about the qual venes the time limitation enunciated in with the arguments of the Broadcast ity of television service to be provided by § 1.229(b) of the Commission’s rules. Bureau, Radio Antilles points out that each of the applicants to Glendive. An However, movant asserts that good cause Mr. Guzman has not indicated that the appropriate issue will therefore be added for its untimeliness exists, for only re property in his custody is unavailable to in this proceeding. Henceforth, however, cently has it had reason to suspect the the applicant and that the Guzman let in proceedings such as this one, i.e., com availability of Radio Antilles’ proposed ter, which reflects that no option has parative TV translator cases, requests for transmitter site. In any event, argues been granted, is not inconsistent with the comparative engineering inquires should, Zaba, consideration of the subject mo basis for the applicant’s understanding in the first instance, be addressed to the tion on its merits is in the public interest, that the property specified as its trans Hearing Examiner, who will determine especially in light of the Hearing Ex mitter site would be available to it for whether a threshold showing has been aminer’s continuation of the proceeding the use intended. Radio Antilles con made warranting an evidentiary inquiry. indefinitely. Order, FCC 70M526, re cludes, therefore, that it is in accord with If, in the Examiner’s view, an adequate leased April 7, 1970. With regard to the the Broadcast Bureau’s recommendation showing is made, relevant evidence may merits of its requests, Zaba submits an that the requested issues are not be adduced without the necessity for en unverified letter, dated April 1, 1970, warranted. larging the issues. Cf. Jaco, Inc., 18 FCC from the alleged receiver of the property 4. In support of its contention that 2d 677, 16 RR 2d 894 (1969). The right to identified as Radio Antilles’ proposed neither a lease nor an understanding to appeal such rulings to the Review Board transmitter site,8 Jesús Guzman, who lease the proposed transmitter site is is, of course, preserved. See section 1.301 states that no option for the erection of presently available to Radio Antilles, of the rules. a broadcast station on the property in Zaba submits with its reply pleading a 7. Accordingly, it is ordered, That the his custody has been granted. Since no June 9, 1970, affidavit of Mr. Guzman. petition to enlarge issues, filed April 21, mention of any outstanding lease or Identifying the transmitter site specified 1970, by Meyer Broadcasting Co. is agreement to lease was made by Mr. in Radio Antilles’ application as part of granted; and Guzman, Zaba contends that serious the property entrusted to him by the 8. It is further ordered, That the hear "doubt exists concerning, not only Radio court (see note 3, supra), Mr. Guzman ing issues are enlarged by the addition Antilles’ reasonable assurance that its avers that by virtue of his position as re of the following issue: proposed site will be available, but also ceiver he has “personal knowledge of all To determine, on a comparative basis, the honesty and completeness of Radio lease agreements made, and.options to which of the proposals would provide the Antilles’ response to paragraph 1, section purchase given” with respect to the most reliable signal to the Glendive III, of its application, wherein the exist property owned by the Mario Mercado e translator station for rendering of a pro ence of a lease for the proposed trans Hijos partnership and that neither Radio gram service to the Glendive area. mitter site was indicated.1 Addition of Antilles nor anyone acting on its behalf Adopted: July 23,1970. the requested issues would, in Zaba’s “has entered into a lease agreement, has view, permit the resolution of the serious made arrangements to lease, or has ob Released: July 27,1970. questions raised in its motion. tained an option, or oral understanding F ederal Communications 3. The Broadcast Bureau and Radio to purchase or lease any of such prop Commission,10 Antilles oppose the instant motion. The erty from [the partnership]”.6 Further [seal] Ben F. Waple, Bureau maintains that Zaba has neither more, it is highly improbable, in Zaba’s Secretary. supported its bare assertion that good view, that Radio Antilles will be able to cause exists for the late filing of its mo lease or purchase the land proposed as [F.R. Doc. 70-9975; Filed, July 31, 1970; its transmitter site. Zaba contends that 8:47 a.m.J tion nor demonstrated that its allega tions comport with the standard set the primary duty of Mr. Guzman, the forth in The Edgefield-Saluda Radio Co., receiver, is to sell, not lease, the partner [Dockets Nos, 18564, 18566; FCC 70R-259] ship’s property and that, consonant with this obligation, any lease executed by RADIO ANTILLES, INC. AND ZABA 1Also before the Board are the following the receiver would be subject to termina RADIO CORP. related pleadings: (a) Opposition, filed May 25, 1970, by the Broadcast Bureau; (b) tion upon sale of the property to a third Memorandum Opinion and Order opposition, filed June 10, 1970, by Radio party. Zaba also suggests that the re Enlarging Issues Antilles; and (c) reply, filed June 30, 1970, ceiver would not be willing to endanger by Zaba. the marketability of the 2,800-acre tract In regard applications of Radio Antil * The latter issue, as drafted by the movant, in which Radio Antilles’ proposed site is les, Inc., Ponce, P.R., Docket No. 18564, questions the completeness and accuracy of File No. BP-17547; Zaba Radio Corp., the information initially set forth in the located, by selling the applicant the sev Radio Antilles application concerning the eral acres needed to accommodate its Ponce, P.R., Docket No. 18566, File No. acquisition of the property for its proposed BP-17862; for construction permits. transmitter site and the applicant’s dis antenna system. 1. Before the Review Board for con charge of its continuing duty to keep the 5. The Review Board is of the opinion sideration is a motion to enlarge issues, Commission apprised of substantial and sig that, notwithstanding the inexcusable filed April 13, 1970, by Zaba Radio Corp. nificant changes in such information, as required by § 1.65 of the rules. 3 As indicated more clearly in Zaba’s reply 3 In the Bureau’s opinion, any doubt stem 9 The Bureau has failed to show why a pleading, Mr. Guzman is the receiver ap ming from Mr. Guzman’s reticence concern basic qualifications, as opposed to a compara pointed by the Supreme Court of Puerto ing any existing lease or agreement to lease tive, issue is necessary. In this connection, Rico, Ponce section, to administer, inter alia, could have been either dispelled or strength we note that there are no minimum signal the liquidation of the property owned by ened by the movant’s further correspondence standards for TV translators. See report and Mario Mercado e Hijos, a Puerto Rican part with the receiver. order in Docket No. 15858, supra. A compara nership, which is in the process of dissolution. 6 Also, the affiant’s statements suggest to tive issue'will more fully comport with the 4 Radio Antilles* initial response to this Zaba that Radio Antilles’ response to para standards set out by the Commission in The paragraph, namely "Lease”, has remained graph 1, section m of its application may Montana Network, supra. unchanged since the filing of its application have been a misrepresentation to the ,0 Review Board member Plncock absent. on Dec. 1,1966. Commission. FEDERAL REGISTER, VOL. 35, NO. 14?— SATURDAY, AUGUST 1, 1970 12364 NOTICES lateness of Zaba’s motion,T Zaba does [Docket No. 18559, etc.; FCC 70-812] (c) To determine, in light of the evi raise a substantial question concerning dence adduced pursuant to the fore the availability of Radio Antilles’ trans ' UNITED TELEVISION CO„ INC going issues, whether United Broadcast mitter site, and petitioner’s allegations in ET AL. ing Co., Inc., possesses the requisite this regard meet the test set forth in The Memorandum Opinion and Order and and/or comparative qualifications to Edgefield-Saluda Radio Co. case, supra. remain a Commission licensee. Mr. Guzman, who as receiver can be ex Notice of Apparent Liability Adding Forfeiture Issue The Board declined to add a forfeiture pected to be cognizant of all outstanding issue, asserting that the issues added encumbrances or restrictions on the In regard applications of United Tele are relevant to the renewal proceeding, property in his custody, has represented vision Company, Inc. (WFAN-TV), that no lease agreement or understand and that it did not have authority to Washington, D.C., for renewal of license, issue a Notice of Apparent Liability to ing to lease, written or oral, is presently Docket No. 18559, File No. BRCT-585; available to Radio Antilles. His state monetary forfeitures. It further noted United Television Co., Inc. (WFAN-TV), that United was free to request us to add ments are apparently incompatible with Washington, D.C., for construction per a forfeiture issue. Now before us for con Radio Antilles’ belief that the site pro mit, Docket No. 18561, File No. BPCT- sideration are a petition for Notice of posed can be leased by the applicant and, 3917; United Broadcasting Co., Inc. accordingly, the Board is constrained to Apparent Liability filed June 9, 1970, by (WOOK), Washington, D.C., for re United, the Broadcast Bureau^ com add the requested site availability issue. newal of license, Docket No. 18562, File ments filed June 17, 1970, and United’s See Marbro Broadcasting Co., Inc., 2 FCC No. BR-1104; Washington Community 2d 1030, 7 RR 2d 216 (1966). We decline, Broadcasting Co., Washington, D.C., for reply, filed June 29, 1970. however, to add at this time Rule 1.65 or construction permit for new standard 3. In WPRY Radio Broadcasters, Inc., other character qualifications issues. The broadcast station, Docket No. 18563, File FCC 70-650, released June 24, 1970, we receiver’s affidavit does not contain an No. BP-17416. stated that, as a matter of policy, we allegation that he was aware of all leases 1. This proceeding involves, inter alia, or understandings to lease not in full would include a forfeiture notice in every the application of United Broadcasting case designated for hearing involving force and effect at the time of his ap Co., Inc. (United), for renewal of its pointment, which date has not been dis license for Standard Broadcast Station alleged violations which come within the closed; nor is there any representation WOOK, Washington, D.C., and the com purview of section 503(b) of the Com from the owners of the land that Radio peting application of Washington Com munications Act. Pursuant to this, policy Antilles, in filling out its application munity Broadcasting Co. for a construc we are granting United’s petition and form, acted without reasonable assurance tion permit for identical facilities. The authorizing the Examiner, in the event that it could lease its proposed trans applications were designated for a con mitter site. Absent such allegations, and solidated hearing by a memorandum that he finds that the public interest in view of the unexcused tardiness of the opinion and order, 18 FCC 2d 363, re would be served by the grant of United’s instant motion, we find no adequate basis leased June 13, 1969, on issues, which application, to determine whether a for adding such issues. In short, we do in addition to the standard comparative monetary forfeiture should be assessed not believe that the allegations in sup issues, included specific disqualifying port of these requests comport with The against WOOK.2 issues concerning allegations of decep 4. Accordingly, it is ordered, That the Edgefield-Saluda requirements. Com tive advertising practices- by United. pare El Camino Broadcasting Corp., 12 Subsequently, on September 3, 1969, an Petition for Notice of Apparent Liability, FCC 2d 25, 12 RR 2d 720 (1968). How inspection of WOOK’s facilities disclosed filed June 9, 1970, by United Broadcast ever, our action herein should not be 19 separate alleged violations of the ing Co., Inc., is granted. construed as a bar to any subsequent sub Commission’s rules and departures from 5. It is further ordered, That this docu mission of similar requests if warranted the terms of United’s license.1 ment constitutes a Notice of Apparent by the facts adduced pursuant to the 2. In a memorandum opinion and foregoing site availability issue. order, FCC 70R-185, released May 19, Liability pursuant to section 503(b) (2) 6. Accordingly, it is ordered, That the 1970, the Review Board added the of the Communications Act for the vio motion to enlarge issues, filed April 13, following issues: lations set forth in an Official Notice of 1970, by Zaba Radio Corp. is granted to (a) To determine all of the facts and Violation issued to United Broadcasting the extent indicated below, and is denied circumstances surrounding the opera Co., Inc., on October 3, 1969. in all other respects; and tion of Station WOOK at Washington, 7. It is further ordered, That the is 6. It is further ordered, That if the D.C., under the management of United Hearing Examiner should determine that sues in this proceeding are enlarged by Broadcasting Co., Inc., with particular the addition of the following issue: respect to the alleged departures from the entire hearing record requires a find To determine whether Radio Antilles, Inc., Commission rules and regulations and ing that the public interest would be has reasonable assurance of the availability license authorization as disclosed by the served by the grant of United Broadcast of its proposed transmitter site. Official Notice of Violation issued to the ing Co., Inc.’s application for renewal of 8. It is further ordered, That under licensee in October 1969, the responses its license for Station WOOK, he shall the above issue, the burden of proceed thereto and related documents. make findings of fact as to whether any ing with the introduction of evidence and (b) To determine whether, in light of the burden of proof shall be on Radio the evidence adduced pursuant to Issue Antilles, Inc. 2 The inclusion of a forfeiture notice is (a) above, United Broadcasting Co., pursuant to Commission policy and is not Adopted: July 23,1970. Inc., in the operation of Station WOOK, to be construed as in any way indicating what the final disposition of this proceeding Released: July 27,1970. engaged in conduct which reflects such should be. See WPRY, supra. Indeed, con F ederal Communications negligence, carelessness, ineptness, or. sideration of monetary forfeitures in this disregard of the Commission’s processes proceeding would first require affirmative Commission,® findings in favor of United on the disqualify [seal] B en F. Waple, that the Commission cannot , rely upon ing and comparative issues. Such findings Secretary. the licensee to fulfill the duties and are of course dependent upon the facts as [F.R. Doc. 70-9976; Filed, July 31, 1970; responsibilities of a licensee. elicited in the hearing. In determining 8:47 a.m.] whether or not the imposition of a monetary forfeiture would be appropriate the Hearing 7 See Du Page County Broadcasting, Inc., 1 United was apprised of the particulars of Examiner should give consideration to the 9 FCC 2d 210, 10 RR 2d 830 (1967). the alleged violations by an Official Notice of forfeiture of $7,500 paid by United at the 8 Review Board Member Nelson not par Violation (FCC Form 793) issued Oct. 3, time of its 1966 license renewal. See United ticipating and Member Pincock absent. 1969. Broadcasting, Inc., 4 FOC 2d 293 (1966). FEDERAL REGISTER, V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 NOTICES 12365 willful or repeated* violations of the Official Notice of Violation issued to Adopted: July 22, 1970. Communications Act or the Commission’s United Broadcasting Co., Inc. on Oct. 3, Released: July 24, 1970. 1969) have taken place within 1 year of rules thereunder (as specified in the the Issuance of this memorandum opin F ederal Communications ion and order, and, if so, shall recommend Commission/ to the Commission whether or not a for [seal] Ben F. W aple, »For the purpose of determining whether feiture should be issued against United Secretary. or not repeated violations of the Communi cations Act or the Commission’s rules have Broadcasting Co., Inc., in the amount of [F.R. Doc. 70-9977; Piled, July 31, 1970; occurred, official notice is taken of the Hear $10,000 or some lesser amount pursuant 8:47 a.m.] ing Examiner’s findings in United Broadcast to section 503(b) of the Communications ing Co., Inc., supra. Act. * Chairman Burch absent. [Canadian List No. 271 ] CANADIAN STANDARD BROADCAST STATIONS Notification List J uly 14, 1970. List of new stations, proposed changes in existing stations, deletions, and corrections in assignments of Canadian standard broadcast stations modifying the assignments of Canadian broadcast stations contained in the appendix to the recommenda tions of the North American Regional Broadcasting Agreement Engineering Meeting January 30, 1941. Appendix A Cents per Mcf Rate in Rate Sup Amount Date Effective Date effect sub Docket Respondent sched ple Purchaser and producing area of filing date suspended ject to No. ule ment annual tendered unless until— Rate in Proposed refund in No. No. increase suspended effect increased dockets rate Nos. RI71-62..... NI-Gas Supply, Inc., Post 2 2 Natural Gas Pipeline Co. of Amer- $55,000 6-25-70 7-26-70 11-36-70 »»15.0 »*21.0 Office Boi 190, Aurora, lea, Elk City Area, Beckham Co., 111. 60507. Okla., Other area. ___ do...... 3 3 . — do...... 92,000 6-25-70 7-26-70 11-26-70 »»15.0 *»21.0 * Pressure base is 14.66 p.s.i.a. * Subject to a downward and upward B.t.u. adjustment. F ederal Communications Commission, [seal] Wallace E. J ohnson, Assistant Chief, Broadcast Bureau. [F.R. Doc. 70-9978; Filed, July 31,1970; 8:47 a.m.] of the matters upon which they desire withdrawal of any carrier from partici FEDERAL MARITIME COMMISSION to adduce evidence. An allegation of dis pation in the membership of the govern crimination or unfairness shall be ac ing rate making or conference agree SOUTH AND EAST AFRICA RATE companied by a statement describing the ment, as set forth in Article 12 of each AGREEMENT AND UNITED STATES discrimination or unfairness with par form of contract. SOUTH AND EAST AFRICA CON ticularity. If a violation of the Act or Dated: July 28,1970. FERENCE detriment to the commerce of the United States is alleged, the statement shall set By order of the Federal Maritime Notice of Petition Filed forth with particularity the acts and Commission. Notice is hereby given that the follow circumstances said to constitute such F rancis C. H urney, ing petition has been filed with the violation or detriment to commerce. Secretary. Commission for approval pursuant to A copy of any such statement should [FR. Doc. 70-10012; Filed, July 31, 1970; section 14b of the Shipping Act, 1916, as also be forwarded to the party filing the 8:50 a.m.] amended (75 Stat. 762, 46 U.S.C. 814). petition (as indicated hereinafter), and Interested parties may inspect a copy the statement should indicate that this [Independent Ocean Freight Forwarder of the current contract form and of the has been done. License No. 833 ] petition, reflecting the changes proposed Notice of application to modify ap to be made in the language of said con proved form of dual rate contracts filed A. J. DeMAY & CO., INC. tract, at the Washington office of the by: Order of Revocation Federal Maritime Commission, 1405 I William L. Hamm, Secretary, South and East Street NW., room 1202; or at the offices Africa Rate Agreement, United States/ On July 17, 1970, A. J. DeMay & Co., of the District Managers, New York, South & East Africa Conference, 25 Broad Inc., advised that it wished to surrender N.Y., New Orleans, La., and San Fran way, New York, N.Y. 10004. its license effective August 1, 1970. cisco, Calif. Comments with reference to There has been filed on behalf of the By virtue of authority vested in me the proposed changes and the petition, rate agreement and conference listed by the Federal Maritime Commission as including a request for hearing, if de below an application to modify their ap set forth in Manual of Orders, Commis sired, may be submitted to the Secretary, proved form of Dual Rate Contracts. sion Order 201.1, section 6.03, Federal Maritime Commission, 1405 I It is ordered, That the Independent Street NW., Washington, D.C. 20573, South and East Africa Rate Agreement Ocean Freight Forwarder License No. (Agreement No. 8054-8, as amended). 833 of A. J. DeMay & Co., Inc., be and is within 20 days after publication of this United States/South & East Africa Confer notice in the F ederal R egister. Any per ence (Agreement No. 9502-4, as amended). hereby revoked effective August 1, 1970, son desiring a hearing on the proposed without prejudice to reapplication for a modification of the contract form and/ The purpose of these modifications is license at a later date. or the approved contract system shall to delete from the approved forms of It is further ordered, That a copy of contracts the language providing that this order be published in the F ederal provide a clear and concise statement the contracts shall terminate upon the R egister and served upon A. J. DeMay FEDERAL REGISTER, V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 12366 NOTICES & Co., Inc., 26 Broadway, New York, N.Y. ing the applicable area ceiling rates cate in writing that they are unwilling 10004. established in Opinions Nos. 468 and to accept such certificates. J ohn P. Gilson, 468-A, 34 FPC 159 and 1068, or the con Under the procedure herein provided Deputy Director, tractually authorized rates, whichever for, unless otherwise advised, it will be Bureau of Domestic Regulation. are less, unless at the time of filing of unnecessary for applicants to appear or [P.R. Doc. 70-10013; Piled, July 31, 1970; such certificate applications or within be represented at the hearing. 8:50 a.m.] the time fixed for filing protests and Gordon M. G rant, petitions to intervene applicants indi Secretary. Docket No. Pres FEDERAL POWER COMMISSION and Applicant Purchaser, field, and location Price per Mcf sure date filed base [Docket No. G-2681 etc.] B. M. BRITAIN ET AL. G-2681— ...... B. M. Britain et al. (successor to Panhandle Eastern Pipe Line Co., 11.0 14.65 F 6-29-701 B. M. Britain & C. E. Wey- West Panhandle Field, Moore and mouth l), c/o Maston C. Court- Potter Counties, Tex. Notice of Applications for Certificates, ney, Attorney, Post Office Box Abandonment of Service and Peti 189, Amarillo, Tex. 79105. G-4159------David A. Wilson (successor to Gulf Arkansas Louisiana Gas Co., North 13.9510 14.65 tions To Amend Certificates 1 E 6-15-70 Oil Corp. (Operator) et al-V Lansing Field, Harrison County, Post Office Box 1415, Longview, Tex. July 23, 1970. Tex. 75601. G-4366...... Hunt OU Co. (Operator) et al., 1401 United Gas Pipe Line Co., Cotton 14.0763 15.025 Take notice that each of the appli 6-19-70 * Elm St., Dallas, Tex. 75202. Valley Field, Webster Parish, La. G-5515— ...... C. Blair Swentzel (successor to Consolidated Gas Supply Corp., 20.0 15.325 cants listed herein has filed an applica E 6-19-70 G.W. Hill, administrator, estate of Grant District, Doddridge Coun- tion or petition pursuant to section 7 of Edmond Tate*), Route No. 4, ty,W.Va. the Natural Gas Act for authorization West Union, W. Va. 26456. G-8246______Appell Drilling Co...... The AltCx Corp., Tom Graham Depleted...... to sell natural gas in interstate com B 7-1-55* West Field, Jim Wells County, merce or to abandon service as described Tex. G-12005...... Mobil Oil Corp., Post Office Box United Gas Pipe Line Co., Eugene Assigned...... herein, all as more fully described in the D 6-18-70 1774, Houston, Tex. 77001. Island Area, Offshore La. respective applications and amendments G-12149...... Cities Service Oil Co. (Operator) et Colorado Interstate Gas Co., a dlvi- 17.0 14.65 (G-12840) al. (successor to Mobil Oil Corp.), sion of Colorado Interstate Corp., which are on file with the Commission C&F Post Office Box 300, Tulsa, Okla. acreage in Beaver County, Okla. and open to public inspection. 6-25-70« 74102. G-13746...... Mobil Oil Corp...... Transcontinental Gas Pipe Line Assigned...... Any person desiring to be heard or to D 6-18-70 Corp., West Cameron Block 110 make any protest with reference to et al. Field, Offshore Louisiana. said applications should on or before G-15271*...... The Atascosa Petroleum Co. (Op- El Paso Natural Gas Co., South 15.05625 14.65 (CI70-989) erator) et al. (successor to Signal Andrews Area, Andrews County, * 16.06 August 17, 1970, file with the Federal E 4-30-70 Oil & Gas Co. (Operator) et al.), Tex. Power Commission, Washington, D.C. 3206 Republic Bank Tower, Dal- Ids Tex 75201• 20426, petitions to intervene or protests G-17983...... Rim«) Royalty Co. (successor to El Paso Natural Gas Co., Bistl 13.0 15.025 in accordance with the requirements of E 6-30-70 Shiprock Industries, Inc.), Post Field, San Juan County, N. Mex. Office Box 2283, Fort Worth, Tex. the Commission’s rules of practice and 76101. procedure (18 CFR 1.8 or 1.10). All pro CI60-540 *...... Beaver Mesa Exploration Co. (sue- Cities Service Oil Co., • Dipper Gap 11.0 14.65 E 5-25-70 cessor to Cabeen Exploration Field, Logan County, Colo. tests filed with the Commission will be Corp.), 500 Midland Savings considered by it in determining the ap Bldg., Denver, Colo. 80202. propriate action to be taken but will not CI61-949...... Atlantic Richfield Co. (Operator), Lone Star Gas Co., East Durant **15.0 14.65 C 6-25-70 et al., Post Office Box 2819, Dallas, Field, Bryan County, Okla. serve to make the protestants parties to Tex. 75221. the proceeding. Persons wishing to be CI61-1430____ Shell Oil Co. "(Operator), etal., 50 West El Paso Natural Gas Co., Brown u 14.3175 14.65 C 6-5-70 50th St., New York, N. Y., 10020. Bassett Field, Terrell County, Tex. come parties to a proceeding or to par CI62-681--...... Rimco Royalty Co. (successor to El Paso Natural Gas Co., Blanco ** 12.0495 15.025 ticipate as a party in any hearing E 6-30-70 Shiprock Industries, Inc. (Opera- Field, San Juan County, N. Mex. 1114.053625 tor), et al.). therein must file petitions to intervene in CI62-1285...... White Shield Oil & Gas Corp. (sue- Cumberland & Allegheny Gas Co., 25.0 15.325 accordance with the Commission’s rules. E 6-4-70 cessor to Marvin E. Wilhite et al.), Union District, Barbour and Up- c/o Richard M. Reddecliff, At- shur Counties, W. Va. Take further notice that, pursuant to tomey, Post Office Box 306, Buck- the authority contained in and subject hannon, W. Va. 26201. CI63-234—...... Mobil Oil Corp. (Operator) et al...... Arkansas Louisiana Gas Co., Red (**) ...... to the jurisdiction conferred upon the D 6-23-70 Oak Area, Latimer, and other Federal Power Commission by sections 7 counties, Okla. and 15 of the Natural Gas Act and the CI63-356_____ Marathon Oil Co., 539 South Main Lone Star Gas Co., East Durant Assigned...... D 6-5-70 St., Findlay, Ohio 45840. Field, Bryan County, Okla. Commission’s rules of practice and pro CI63-677...... PetroDynamics, Inc. (Operator) et Kansas-Nebraska Natural Gas Co., u 11.0 14.65 cedure a hearing will be held without E 6-29-70 al. (successor to Jas. F. Smith Inc., Dombey Field, Beaver ** 16.0 (Operator) et aL), Post Office Box County, Okla. further notice before the Commission 1006, Amarillo, Tex. 79106. on all applications in which no petition CI63-1533...... Rimco Royalty Co. (successor to El Paso Natural Gas Co., Gallup 12.0 15.025 E 6-30-70 Shiprock Industries, Inc.). Field, San Juan County, N. Mex. to intervene is filed within the time re CI64-402._...... Et Al, Inc. (successor to Bill Panhandle Eastern Pipe Line Co., 18.0 14.65 quired herein if the Commission on its E 6-18-70 Ferguson d.b.a. Ferguson Oil Co. Freemyer Field, Kingman Coun- own review of the matter believes that a et al.), 119 Cameron Bldg., Okla- ty, Kans. homa City, Okla. 73106. grant of the certificates or the authoriza CI64-822...... PetroDynamics, Inc. (Operator) et Kansas-Nebraska Natural Gas Co., lr 11.0 14.65 tion for the proposed abandonment is E 6-29-70 al. (successor James F. Smith). Inc., Southeast Dombey Field, Beaver County, Okla. u 15.0 required by the public convenience and CI66-595-...... Daugherty Oil Co. (successor to Equitable Gas Co., acreage in 25.0 15.325 necessity. Where a petition for leave to E 6-25-70 Sydney Spofforth), 311 Main St., Braxton County, W. Va. intervene is timely filed, or where the St. Marys, W. Va. 26170. ■ CI67-480...... William Howard Smith and Jessie United Fuel Gas Co., Big Injun 18.0 15.325 Commission on its own motion believes E 6-29-70 H. Smith (successor to Prlddie Field, Stonewall District, Wayne that a formal hearing is required, fur Oil & Gas Co.), No. 3 Sutherland County, W. Va. Road, Huntington, W. Va. 25705. ther notice of such hearing will be duly CI68-528...... Donald W. Jackson, 1411 North Northern Natural Gas Co., acreage 12.0 14.65 given. All certificates of public con C 6-29-70 w Carlton, Liberal, Kans. 67901. in Texas County, Okla. CI68-677...... Mobil Oil Corp...... Arkansas Louisiana Gas Co., Assigned . . . . — venience and necessity granting appli D 6-23-70 Chismville Field, Logan County, cations for sales from the Permian Basin Ark. Filing code: A—Initial service. area will be issued at rates not exceed- B—Abandonment. C—Amendment to add acreage. D—Amendment to delete acreage. 1 This notice does not provide for con E—Succession. solidation for hearing of the several matters F—Partial succession. covered herein. See footnotes at end of table. FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 Docket No. Pres Docket No. Pres and Applicant Purchaser, field, and location Price per Mcf sure and Applicant Purchaser, field, and location Price per Mcf sure date filed v . base date filed base CI68-91420___ Pennzoil Producing Oo., Post Office 'Tennessee Gas Pipeline Co., a divi- Depleted ____ CI70-1128____ D. C. Malcolm, Inc., Suite 1404, Consolidated Gas Supply Corp., 28.0 15.325 B 6-23-70 Box 1407, Shreveport, La. 71102. sion of Tenneco Inc., Southwest A 6-25-70 Commerce Square, Charleston, Ripley District, Jackson County, Lake Arthur Field, Cameron W. Va. 25301. W. Va. CI70-1129...... Rock Camp Oil & Gas Co., c/o Consolidated Gas Supply Corp., 28.0 15.325 CI68-1450__ Pennzoil United, Inc., Post Office United Fuel Gas Co., Rocky Fork 28.0 15.325 A 6-25-70 C. W. Richards, Esq., 2005 Foley Union District, Ritchie County, C 6-18-70 Drawer 1588, Parkersburg, W. Va. Field, Kanawha County, W. Va, ■ Dr., Parkersburg, W. Va. 26101. W. Va. 26101. / CI70-1130...... Francis E. Cain, Big Bend, W. Va. .Consolidated Gas Supply Corp., 25.0 15.325 CI69-187_____ Monsanto Co., 1300 Post Oak Transwestem'Pipeline Co„ Rock 2115.5 14.65 A 6-25-70 26136. \ Sheridan District, Calhoun C 6-25-70 Tower, 5051. Westheimer, Hous- Tank Morrow- Field, Eddy Coun County, W. Va. ton, Tex. 77027. ty, N. Mex. CI70-1131__ .. Imperial-American Management Arkansas Louisiana Gas Co., Ar- 16,015 14.65 CI70-873_____ El Paso Oil & Gas Co. (Operator) Arkansas Louisiana Gas Co., ■ 2245,0 14.65 (GI70-366) Go. (successor to Galaxy Oil Co.), koma Area, Le Flore, and other C 6-10-70 et al., Post Office Box 3986, Odes- North Enid Area, Garfield Coun- F 6-24-70 The Main Bldg., Houston, Tex. counties, Oklahoma; and Franklin sa, Tex. 79760. ty, Okla. I 77002. County, Ark. C170-1109____ H. L. Hunt et al., 1401 Elm St., Transcontinental Gas Pipe Line Depleted ...... CI70-1132...... Sun Oil Co., 1608 Walnut St., Cities Service Gas Co., Eureka (2*) [ ---- .... B 6-18-70 Dallas, Tex. 75202. Corp., Bear Field, Beauregard B 6-26-70 Philadelphia, Pa. 19103. ! Field, Grant and Alfalfa Counties, Parish, La. j Okla. CI70-1110...... Carlon Oil Co., 12th Floor, Peoples United Gas Pipe Line Co., Red Depleted ...... CI70-1133— ...... do...... do...... (**) B 6-18-70 National Bank Bldg., Tyler, Tex. Branch Field, Trinity County, B6-26-70 75701. Tex. CI70-1134...... Inexco Oil Co., 308 Lincoln Tower Trapscontinental Gas Pipe Line 2816.0 14.65 CI70-1111...... Humble Oil & Refining Co., Post United Fuel Gas Co., Bayou Carlin 22.25 15.025 A 6-26-70 Bldg., Denver, Colo 80203. Corp., West St. Paul Area, San A 6-18-70 Office Box 2180, Houston, Tex. Field, St. Mary Parish, La. Patricio County, TeA 77001. CI70-1135____ Eason Oil Co., Post Office Box 18755, Arkansas Louisiana Gas Co., North 16.0 14.65 CI70-1112...... Clinton Oil Co. (Operator) et al., 217 Transwestem Pipeline Co., acreage 23 25.52 14.65 A 6-29-70 Oklahoma City, Okla. 73118. Drummond Field, Garfield Coun A 6-18-70 North Water St., Wichita, Kans. in Lipscomb County, Tex. ty, Okla. Vo 67202, ,* CI70-1186— .. Eastern Pacific Resources, Inc., Box Equitable Gas Co., Troy District,“ 27.0 15.325 CI70-1113...... Banquete Gas Co., a division of United Gas Pipe Line Co., Odem 17.8 14.65 A 6-29-70 775, Weston, W. Va. 26452. Gilmer County, W. Va. A 6-18-70 Crestmont Oil & Gas Qo., 2622 and Taft Fields, San Patricio CI70-1137____ Garvin-Summers, et al., 4515 North Consolidated Gas Supply Corp., 28.0 15.325 Mission St., San Marino, Calif. County, Tex. A 6-29-70 Santa Fe, Oklahoma City, Okla. Salt Lick District,/Braxton Coun- 91108. 73118. ty, W. Va. CI70-1114...... Tenneco Oil Co., Post Office Box United Gas Pipe Line Co., Bethany 15.0 14.65 CI70-1188...... Mareve Oil Corp., 55 Broad St., Consolidated Gas Supply Corp., 28.0 15.325 A 6-18-70 2511, Houston, Tex. 77001. Field, Panola County, Tex. A 6-29-70 New York, N.Y. 10004. Elk District, Kanawha County, ': * CI70-1115...... Delta Drilling Co. (Operator) et al. Northern Natural Gas Co., Ozona 16.06 14.65 W. Va. F 6-4-7021 (successor to Amerada Hess Area, Crockett County, Tex. CI70-1139..___ Reeves Lewenthal, 530 Park Ave., Consolidated Gas Supply Corp., 27.0 15.325 Corp.), Post Office Box 2012, A 6-29-70 New York, N.Y. 10021. Philippi District, Barbour County, NOTICES Tyler, Tex, 75702. W. Va. CI70-1116...... Champlin Petroleum Co., Post Marathon Oil Co.,185 Doran Field, 12.5 15.025 CI70-1140.____Texas Oil & Gas Corp. (Operator) Michigan Wisconsin Pipe Line Co., *°22.015 14.65 A 6-15-70 ' Office Box 9365, Fort Worth, Tex. Cheyenne County, Nebr. (CI61-954) (successor to Atlantic Richfield Laverne Field, Harper County, 76107. F 6-30-70 Co.), 2700 Fidelity Union Tower, Okla. CI70-1117...... Doran & Braddock Petroleum Ex- Arkansas Louisiana Gas Co., Ada 14.3533 15.025 Ddllds Tex 75201 A 6-19-70 ploration (Operator) et al., 200 Field, Webster Parish, La. CI70-1141____ Beacon Resources Corp. (Operator) Cities Service Gas Co., Evalyn- 16.0 14.65 Oil & Gas Bldg., Shreveport, La. , A 6-29-70 et al., Suite 1000, Century Plaza Condit Field, Seward County, 71101., Bldg., Wichita, Kans. 67202. Kans. CI70-1118...... Dora C. Atkinson, Box 507, Minden, United Gas Pipe Line Co., Cotton (2«) CI70-1142____ James Robert Hill et al., d.b.a. Panhandle Eastern Pipe Line Co., ** 17.0 14.65 B 6-19-70 La. 71055. Valley Field, Webster Parish, La. (CI66-183) Houston Hill Estate (successor to Mocane Laverne Field, Beaver *216.0 CI70-1119...1.. Graham-Michaelis Drilling Co! Panhandle Eastern Pipe Line Co., 23 20.0 14.65 F 6-19-70 George P. Hill et al., d.b.a. Hill County, Okla. A 6-19-70 (Operator), 302 G-M Bldg., 211 Cora Field, Woods County, Okla. & Hill), 1021 Fort Worth National North Broadway, Wichita, Kans. Bank Bldg., Fort Worth, Tex. 67202. 76102. CI70-1121...... An-Son Corp., 3814 North Santa Fe, Northern Natural Gas Co., Cam- 2320.0 14.65 CI71-1—...... Cities Service Oil Co., Post Office Northern Natural Gas Co., South- (*•) ...... - A 6-22-70 Oklahoma City, Okla. 73118. rick Field, Beaver County, Okla. B 7-1-70 Box 300, Tulsa, Okla. 74102. east Benson Area, Pawnee Coun CI70-1122...... do— 1______!______Northern Natural Gas Co., Mocane- ,23 20.0 ' 14.65 ty, Kans. A 6-22-70 Laveme Field, Harper County, CI71-3...... Continental Oil Co., Post Office Montana-Dakota Utilities Co. and 1 « 15.384 15.025 , Okla. A 7-1-70 22 Box 2107, Houston, Tex. 77001. Kansas-Nebraska Natural Gas CI70-1123...... Edwin L. Cox (Operator) et al. Southern Natural Ga6 Co., Mag- 19.5 15.025 Co., Inc., Wind River Basin, ' (CI67-1826) (successor to Whitestone Petro- nolia Field, Plaquemines Parish, Riverton East Field, Fremont F 6-22-70 leum Corp. (Operator) et al.), La. County, Wyo. 3800 First National Bank Bldg., CI71-4...... „...... do...... do-—— -...... «15.384 15.025 Dallas, Pex, 75202. A 7-1-70 23 . . . CI70-1124...... _ Terra Resources, Inc. (successor to El Paso Natural Gas Co., Lapglie- 10.0 14.65 CI71r6...... Morris Cannan, 16th Floor, Milam Texas Eastern Transmission Corp., 17.8 14.65 (CS67-76) CRA, Inc.), 1410 Fourth National Matrix Field, Lea County, N. Mex. A 7-2-70 Bldg., San. Antonio, Tex. 78205. Burnell Field, Bee County, Tex. F 6-22-70 Bank Bldg., Tulsa, Okla. 74119. CI71-7...... Sun Oil Co.!______;...... Lone Star Gas Co., Penn-Grifflth (*•) ------CI70-1125___ _ Frank Scott Moran, d.b.a. Moran Oil United Gas Pipe Line Co., Sligo 27 13.5508 15.025 B 7-2-70 Field, Rusk County, Tex. (G-4825) Co. (successor to A. J. Hodges Field, Bossier Parish, La. CI71-8______Aikman Bros. Corp. (Operator) Michigan Wisconsin Pipe Line Co., *2 20.0 14.65 F 6-22-70 , Industries, Inc.), Post Office Box , A 7-6-70 et al., 311 Bank of the Southwest North Quinlan Field, Woodward 881, Mansfield, La, 71052. Bldg., Amarillo, Tex. 79109. County, Okla. CI70-1126____ National Cooperative Refinery As- Panhandle Eastern Pipe Line Co., 2318.0 14.65 CI71-9______Sidwell Oil & Gas, Inc. (Operator) Northern Natural Gas CJo., acreage *7 22.4 14.65 A 6-24-70 sociation, 404 Lincoln Tower acreage in Woodward County, A 7-6-70 et al., Post Office Box 2475, Pampa, in Texas County; Oklai. Bldg., Denver, Colo. 80203. Okla. Tex. 79065. CI70-1127____ William D. Johnson, 810 Fort Worth Banquete Gas Co., a division of 14.0 14.65 CI71-10-...... - Okmar Oil Co., Post Office Box 548, Kansas-Nebraska Natural Gas Co., 15.0 14.65 A 6-24-70 National Bank Bldg., Fort Worth, Crestmont Oil & Gas Co., Plym- A 7-6-70 Marietta, Ohio 45750. Inc., acreage in Weld County, Tex. 76102. outh-Taft Field, San Patricio Colo. County, Tex. CI71-11...___ Petroleum, Inc., 300 West Douglas, Northern Natural Gas Co., Tyrone *3 20.0 14.65 A 7-6-70 Wichita, Kans. 67202. Pool, Texas County, Okla. See footnotes at end of table. CI71-12______Myrle L. Cady, Rural Delivery Pennsylvania Gas Co., Sugar Grove 27.0 15.025 A 7-6-70 No. 3, Sugar Grove, Pa. 16350. Township, Warren County, Pa. 12367 No. 149- FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12368 NOTICES Docket No. Pres which would become effective prior to and Applicant Purchaser, field, and location Price per Mcf sure December 23, 1971, after suspension, if date filed base any. Together with the stipulation and CI71-13...... Amarex, Inc., Room 221, Arcade Michigan Wisconsin Pipe Line Co., 28 20.0 14.65 agreement Cities filed revised tariff A 7-6-70 Bldg., 2000 Classen Blvd., Okla Woodward Area, Woodward homa City, Okla. 73106. County, Okla. sheets reflecting the rate levels specified in the Appendices C and D of the stipula 1 Certificate is presently in names of B. M. Britain & C. E. Weymouth. Filing reflects transfer of Weymouth's tion and agreement for the periods in interest to Weymouth Corp. dicated therein. 2 Amendment to certificate filed to cover interest of Dora C. Atkinson. 8 Certificate issued to Edmond Tate. Copies of the stipulation and agree 8 No certificate action ever taken on application filed Déc. 20,1954, as amended Mar. 14,1955. Applicant’s motion ment and revised tariff sheets were served to withdraw the certificate application filed July 1,1955, and letter dated Jan. 15,1959, advising that the well has been on all parties to these proceedings, all of abandoned are being accepted as an amendment to the application to reflect abandonment of service. * Adds acreage acquired from Mobil Oil Corp., Docket No. G-12840. Cities’ jurisdictional customers and in * Application was erroneously assigned Docket No. CI70-989 as a partial succession. Docket No. CI70-989 is can terested State commissions. celed and application will be processed as a petition to amend certificate in Docket No. G-15271. . 7 Sales from Jan. 1,1970, tne effective date of assignment, shall be 15.05625 cents per Mcf subject to refund in Answers or comments relating to the Docket No. RI69-632 through Feb. 6, 1970; and 16.06 cents per Mcf on Feb. 7,1970 subject to refund in Docket No. stipulation and agreement and/or to the RI70-178. 8 The certificate in Docket No. CI60-540 which was terminated by order issued Mar. 29,1967, in Docket No. G-12994, revised tariff sheets may be filed with the et al., will be reinstated. Federal Power Commission, Washing 8 Cities Service resells gas under its FPC GRS No. 216 to Kansas-Nebraska Natural Gas Co., Inc. ton, D.C. 20426, on or before August 11, 10 Contract provides for rate of 19.015 cents per Mcf; however, applicant states its willingness to accept permanent certificate conditioned to an initial rate of 15 cents per Mcf. 1970. 11 Rate in effect subject to refund in Docket No. RI70-406. Gordon M. G rant, 12 Production from Pictured Cliffs formation. 18 Production from Mesa Verde and Dakota formations. Rate in effect subject to refund in Docket No. RI64-551. Secretary. Rate includes 1 cent per Mcf for liquids. < [F.R. Doc. 70-9990; Filed, July 31, 1970; « Deletes expired leases. 18 Forças produced from above the base of the Wolfcampian Series of the Permian System. 8:48 a.m.] 18 For gas produced from the base of the Wolfcampian Series down to 7,500 feet and all casinghead gas. Rate in effect subject to refund in Docket No. RI68-576. 17 For shallow gas. [Docket No. RI68-673] 18 For deep gas and casinghead gas. 18 Adds acreage acquired from Cities Service Oil Co. 28 Original application in Docket No. CI68-914 sought certificate of public convenience and necessity. Applicant CITIES SERVICE GAS CO. AND MOBIL now proposes to abandon service previously commenced pursuant to temporary authorization. 28 Plus New Mexico tax. Subject to upward and downward B.t.u. adjustment. OIL CORP. 22 Contract provides for a rate of 17 cents per Mcf; however, applicant is proposing a rate of 15 cents per Mcf. 28 Subject to upward and downward B.t.u. adjustment. Notice Postponing Oral Argument 28 Partially succeeds Amerada Hess Corp.’s FPC GRS No. 126. 28 For resale to Kansas-Nebraska Natural Gas Co., Inc. J uly 29,1970. 28 Abandons sale under applicant’s rate schedule to permit sale to be made under Hunt Oil Co.’s rate schedule and certificate authorization. On July 24, 1970, Mobil Oil Corp., 27 Includes 1.5 cent per Mcf tax reimbursement. Defendant, filed a motion requesting 28 Wells are no longer capable of delivering into Buyer’s line. 28 Contract provides for rate of 17.8 cent per Mcf; however, by letter filed July 1,1970 applicant stated its willingness postponement of the oral argument to accept certificate at 16 cents per Mcf. scheduled for August 3, 1970. The post 88 Rate in effect subject to refund in Docket No. RI69-156. Subject to upward and downward B.t.u. adjustment. ponement is requested pending Commis 8* Effective rate under Hill & Hill’s FPÇ GRS No. 10, Subject to upward and downward B.t.u. adjustment. 82 Effective rate under Hill & Hill’s FPC GRS No. 11. sion action upon a motion for approval 88 For Nugget Gas. of a settlement proposal which was filed 88 Contract provides for rate of 17.5 cents per Mcf.; however, applicant states Its willingness to accept certificate at 15.384 cents per Mcf. on July 28, 1970, by Complainant and 88 For Phosphoria Gas. Defendant. Counsel for Cities Service and 88 Gas will no longer be sold in interstate commerce. 87 Includes 2.4 cents per Mcf upward B.t.u. adjustment. Subject to upward and downward B.t.u. adjustment; Commission staff concur in the request. [F.R. Doc. 7 0 -9 8 6 8 ; Filed, July 31,1970; 8:45 a.m.] Take note that the oral argument scheduled for August 3, 1970, in the above-designated proceeding is post poned until further notice. [Docket No. G-8980 etc.] The stipulation and agreement, among ether things, allows Cities, while the By direction of the Commission. WESTMORE DRILLING CO., ET AL. rates provided for therein are in effect, Gordon M. Grant, Findings and Order to increase its rates, from time to time Secretary. until December 23, 1971, to reflect rate [F.R. Doc. 70-9981; FUed, July 31, 1970; Correction increases of its suppliers and requires 8:48 a.m.] In F.R. Doc. 70-9465, appearing at page Cities to decrease its rates to reflect sup 12033 of the issue for Saturday, July 25, plier rate reductions; requires Cities to 1970, in the column “Docket No. and flow through to its jurisdictional cus [Docket No. E-7548] tomers the appropriate portion of all re date filed” on page 12036 4he docket funds, together with interest, received GEORGIA POWER CO. number for Clarke Oilfield Service, Inc. from its suppliers which are applicable Order Suspending Proposed Electric (successor to Sun Oil Co.) now reading to purchases by Cities from such sup Tariff, Providing for Hearing and “CI70-292”, should read “CI70-924”. pliers during the term of the stipulation Granting Intervention and agreement, as defined therein; re J uly 28, 1970. [Dockets Nos. RP69-39, RP70-22] quires Cities to reduce its rates to reflect reductions resulting from a decrease in Georgia Power Co. (Georgia), a public CITIES SERVICE GAS CO. utility subject to the jurisdiction of this the effective Federal income tax rate ef Commission, on May 26, 1970, with revi Notice of Filing of Stipulation and fective as of the effective date of such tax sions made on June 29, 1970, tendered Agreement and Revised Tariff Sheets reduction, and permits Cities, to increase for filing a proposed electric tariff,1 to J uly 28,1970. its rates to reflect an increase in its supersede individual rate schedules for jurisdictional cost of service resulting service to 50 municipalities and 39 rural Take notice that on July 20, 1970 electric cooperatives. The proposed Cities Service Gas Co. (Cities) filed in from an increase in the effective Federal change would have resulted in increases Dockets Nos. RP69-39 and RP70-22 a income tax rate effective as of the ef to Georgia’s municipal customers of proposed stipulation and agreement. Thé fective date of such tax rate increase; stipulation and agreement would resolve and provides, that Cities will not file a 1 Designated FPC Electric Tariff Original all issues in these proceedings. general increase in its jurisdictional rates Volume No. 1, FEDERAL REGISTER, V O L 35, NÖ. 149— SATURDAY, AUGUST 1, 1970 NOTICES 12369 $5,147,342 annually based on estimated The Commission further finds: Tariff Original Volume No. 1 until this sales for the 12-month period ending (1) Georgia’s proposed FPC Electric proceeding has been terminated or until July 1970, as adjusted, and to $7,073.141 Tariff Original Volume No. 1 may be the period of suspension has expired. for the cooperative customers, in the injust, unreasonable, unduly discrimina (E) The Petitioners, Mitchell County same period, a total combined increase tory, or preferential or otherwise unlaw Electric Membership Corp., Oconee of approximately 34 percent. The new ful under the Federal Power Act. Electric Membership Corp. and Georgia tariff is proposed to become effective on (2) It is necessary and appropriate for Electric Membership Corp., are hereby August 1, 1970. This order suspends the the purposes of the Federal Power Act, permitted to intervene in the proceed operation of the proposed tariff and or particularly sections 205, 206, 301, 307, ing subject to the rules and regulations ders a public hearing concerning the 308, and 309 thereof, that the Commis of the Commission: Provided, however, lawfulness of that tariff. sion enter upon a hearing concerning That participation of such interveners In support of its filing, Georgia indi the lawfulness of Georgia’s FPC Electric shall be limited to the matters affecting cates that the new tariff is necessary to Tariff Original Volume No. 1 and that asserted rights and interests specifically provide Georgia with adequate revenues the proposed tariff be suspended and the set forth in their joint petition to inter to permit it to earn a fair return upon use thereof deferred, all as hereinafter vene: And provided, further, That the its property devoted to service to its mu provided. admission of such interveners shall not nicipal and rural cooperative customers. (3) Participation by Mitchell County be construed as recognition by the Com Georgia states that the proposed electric Electric Membership Corp., Oconee mission that they might be aggrieved by tariff would result in a rate of return of Electric Membership Corp., and Georgia any order or orders entered in this 7.7 percent. The proposed tariff format Electric Membership Corp. may be in the proceeding. would also result in a simplification of public interest. (F) Notices of intervention or peti Georgia’s present system of a separate The Commission orders: tions to intervene may be filed with the contract for each delivery point. Georgia (A) Pursuant to the authority con Federal Power Commission, Washing presently serves the 50 municipal sys tained in and subject to the jurisdiction ton, D.C. 20426, in accordance with the tems at 93 delivery points and the 39 co conferred upon the Federal Power Com Commission’s rules of practice and pro operatives at 280 delivery points. The fil mission by the Federal Power Act and cedure (18 CFR 1.8 and 1.37) on or be ing states that Georgia intends to com pursuant to the Commission’s rules of fore August 20,1970. mence billing under the new rates con practice and procedure, a public hearing By the Commission. currently with the termination dates of shall be convened to commence with a the individual service agreements under prehearing conference to be held on [seal] Gordon M. G rant, which it is serving each of its wholesale September 10, 1970, at 10 a.m., e.d.t., Secretary. customers. Such termination dates range at the offices of the Federal Power Com [F.R. Doc. 70-9952; Filed, July 31, 1970; from December 12, 1970, to September 5, mission in Washington, D.C., concerning 8:45 a.m.] 1974, with the majority in 1971. With the lawfulness of the rates and charges respect to new delivery points, the tariff contained in the FPC Electric Tariff would be applicable upon its effective Original Volume No. 1 of the Georgia [Docket No. RI70-828, etc.] date. Power Co. GULF OIL CORP. ET AL. The Power Section, Georgia Municipal (B) Pending such hearing and deci Association, Inc., and 49 of the municipal sion thereon, Georgia’s FPC Electric Order Providing for Hearing on and customers have filed a “Complaint” re Tariff Original Volume No. 1 is hereby Suspension of Proposed Changes in questing suspension of the proposed elec suspended and the use thereof deferred Rates, and Allowing Rate Changes tric tariff for 5 months and a hearing until January 1, 1971. On that date, that To Become Effective Subject to Re on the lawfulness of the proposed rates. tariff shall take effect in the manner fund; Correction The complaint states that the increase prescribed by the Federal Power Act, will impose a severe financial hardship and Georgia, subject to further orders J uly 16, 1970. on the municipalities. They request the of the Commission, shall charge and In the order providing for hearing on maximum suspension period because the collect the increased rates and charges and suspension of proposed changes in wholesale increase will necessitate in set forth in the tariff for all power sold rates, and allowing rate changes to be creases in municipal retail rates, a proc and delivered thereunder. come effective subject to refund, issued ess possibly requiring several months. (C) Georgia shall refund at such times December 17, 1969, and published in the A petition to intervene was filed jointly and in such manner as may be required F ederal R egister December 25, 1969, 34 by Mitchell County Electric Membership by final order of the Commission, the F.R. 20285, Appendix A, Docket No. Corp., Oconee Electric Membership portion of the increased rates and RI70-829, Atlantic Richfield Co. (op Corp., and Georgia Electric Membership charges found by the Commission in posite Rate Schedule No. 50) under col Corp., the last consisting of the 41 elec this proceeding not justified, together umn headed “Supp. No.” change “19” tric membership corporations in the with interest at the New York prime to read “20”. State of Georgia. That petition calls the rate on January 1,1971, from the date of Gordon M. G rant, proposed rate increase “unjust, unrea payment to Georgia until refunded; shall Secretary. sonable and unlawful,” and requests sus bear all costs of any such refunding; [F.R. Doc. 70-9982; Filed, July 31, 1970; pension, investigation and hearing. Sim shall keep accurate accounts in detail of 8:48 a.m.] ilar comments have also been received all amounts received by reason of the from a number of individual municipal increased rates and charges effective as [Project No. 2110] and cooperative customers. The Georgia of January 1, 1971, for each billing Public Service Commission has stated period; and shall report (original and CONSOLIDATED WATER POWER CO. that it has no comment on the com one copy) in writing and under oath, to pany’s proposal. the Commission monthly, for each bill Notice of Issuance of Annual License A preliminary review of the filing in ing period, the billing determinants of J uly 24, 1970. dicates that the proposed rates may be electric energy sold and delivered under On February 10, 1969, Consolidated excessive. Georgia’s assertions in support the above-described tariff, and the rev Water Power Co., licensee for Stevens of its filing and the protests and com enues resulting ..therefrom as computed Point Project No. 2110 located in Portage plaints of the wholesale customers raise under the rates in effect immediately County, Wis., on the Wisconsin River questions which can best be resolved prior to January 1, 1971, and under the filed an application for a new license through a public hearing. Thus, we are rates and charges made effective by this under section 15 of the Federal Power ordering a hearing to determine the law order, together with the differences in Act and Commission regulations there fulness of the proposed electric tariff and revenues so computed. under (§§ 16.1-16.6). Licensee also made we shall suspend the filing in accordance (D) Unless otherwise ordered by the a supplemental filing pursuant to Com with section 205(e) of the Federal Power Commission, Georgia shall not change mission Order No. 384 on February 27, Act. the terms or provisions of FPC Electric 1970. FEDERAL REGISTER, V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 12370 NOTIGES The license for Project No. 2110 was [Project No. 1971] Act pending completion of licensee’s ap issued effective January 1, 1930, for a IDAHO POWER CO. plication and Commission action thereon period ending June 30, 1970. In order to it is appropriate and in the public inter authorize the continued operation of the Notice of Additional Land Withdrawal est to issue an annual license to Inter project pursuant to section 15 of the Act national Paper Co. for continued opera pending completion of licensee’s appli J uly 24, 1970. tion and maintenance of Project No. cation and Commission action thereon Idaho Power Co., on December 30,1969, 2095. it is appropriate and in the public inter filed a Revised Exhibit J & K map for Take notice that an annual license is est to issue an annual license to Consoli Project No. 1971 in connection with a issued to International Paper Co. (li dated Water Power Co. for continued television access road right-of-way censee) under section 15 of the Federal operation and maintenance of the within the Oxbow Hydroelectric Devel Power Act for the period June 30, 1970, Stevens Point Project No. 2110. opment. to June 30, 1971, or until Federal take Take notice that an annual license is Conformable to the provisions of sec over, or the issuance of a new license for issued to Consolidated Water Power Co. tion 24 of the Act of June 10, 1920, as the project, whichever comes first, for the (licensee) under section 15 of the Federal amended, notice is hereby given that the continued operation and maintenance of Power Act for the period June 30, 1970, hereinafter described lands, insofar as the York Haven Project No. 2095, sub to June 30, 1971, or until Federal take title thereto remains in the United States, ject to the terms and conditions of its over, or the issuance of a new license for are from the date of filing of the exhibit, license. the project, whichever comes first, for December 30, 1969, reserved from entry, Gordon M. G rant, the continued operation and mainte location or other disposal under the laws Secretary. nance of the Stevens Point Project No. of the United States until otherwise [F.R. Doc. 70-9944; Filed, July 31, 1970, 2110, subject to the terms and conditions directed by the Commission or by 8:45 am .] of its license. Congress. Willamette Meridian G ordon M. G rant, Secretary. All portions of the following described [Docket No. RP70-6 etc.] [F.A. Doc. 70-9942; Filed, July 31, 1970; subdivisions lying within 15 feet of the LAWRENCEBURG GAS 8:45 a.m.] centerline survey of the television access road right-of-way location as delimited TRANSMISSION CORP. on map, Revised Exhibit J & K (FPC No. Order Permitting Tracking of Pur [Project No. 2192] 1971-247): chased Gas Increase, Suspending CONSOLIDATED WATER POWER CO. T. 6 S., R. 48 E., Proposed Revised Tariff Sheets Sec. 32, NE&SE^; Notice of Issuance of Annual License Sec. 33, SW%SW%. Pending Effectiveness of Supplier T. 7 S., R. 48 E„ Rate Increase and Consolidating J uly 24, 1970. Sec. 4, lot 1. Proceedings On February 10, 1969, Consolidated Water Power Co., licensee for Biron Proj The area of U.S. lands reserved by this J uly 28, 1970. ect No. 2192 located in Wood and Por notice is approximately 3.44 acres of Lawrenceburg Gas Transmission tage Counties, Wis., on the Wisconsin which approximately 2.54 acres have Corp. (Lawrenceburg), on June 23, 1970, River filed an application for a new been heretofore reserved for power pur tendered for filing in Docket No. RP70-44 license under section 15 of the Federal poses in Power Site Reserve No. 77 or proposed changes in its FPC Gas Tariff, Power Act and Commission regulations Power Site Classification No. 421. Original Volume No. I,1 designed solely thereunder (§§16.1-16.6). licensee also Copies of map Exhibit J & K (FPC No. to track the rate increase filed by made a supplemental filing pursuant to 1971-247) have been transmitted to the its sole supplier, Texas Gas Transmission Commission Order No. 384 on Febru Bureau of Land Management, Geological Corp. (Texas Gas), on May 4, 1970, in ary 27,1970. Survey and the Forest Service. Docket No. RP70-33. Lawrenceburg pro Hie license for Project No. 2192 was G ordon M. G rant, poses that its increase become effective issued effective January 1, 1938, for a Secretary. on August 1,1970, and, in the alternative, period ending June 30, 1970. In order to [F.R. Doc. 70-9940; Filed, July 31, 1970; requests that if the filing is suspended, authorize the continued operation of the 8:45 a.m.] such suspension not extend beyond No project pursuant to section 15 of the Act vember 1, 1970, the date to which the pending completion of licensee’s appli proposed rate increase of Texas Gas was cation and Commission action thereon it [Project No. 2095] suspended in Docket No. RP70-33. Law- is appropriate and in the public interest INTERNATIONAL PAPER CO. renceburg*s proposed rate changes would to issue an afinual license to Consolidated increase charges under its two juris Water Power Co. for continued opera Notice of Issuance of Annual License dictional rate schedules, CDS-1 and tion and maintenance of Project No. EX-1 by approximately $17,339 annually, J uly 28, 1970. based on volumes for the 12-month 2192. On May 14, 1969, International Paper Take notice that an annual license is period ended June 30, 1969. Co., licensee for York Haven Project No. In support of its filing, Lawrenceburg issued to Consolidated Water Power Co. 2095 located in the vicinity of York (licensee) under section 15 of the Fed submitted cost of service and other data County, Pa., on the Susquehanna River and incorporated by reference various eral Power Act for the period June 30, filed an application for a new license 1970, to June 30, 1971, or until Federal statements which it submitted in sup takeover, or the issuance of a new li under section 15 of the Federal Power port of its rate increase filings in Dockets cense for the project, whichever comes Act and Commission regulations there Nos. RP70-6 and RP70-26.2 In its filing, Lawrenceburg requests permission to first, for the continued operation and under (§§ 16.1-16.6). Licensee also made a supplemental filing pursuant to Com track future supplier rate increases. In maintenance of the Biron Project No. our order issued April 29, 1970, in Docket 2192, subject to the terms and conditions mission Order No. 384 on May 21, 1970. of its license. The license for Project No. 2095 was Gordon M. G rant, issued effective January 1, 1938, for a 1 The proposed revised tariff sheets are period ending June 30, 1970. Hi order Fourth Revised Sheet Nos. 4 and 12. Secretary. * Docket No. RP70-26 was consolidated [F.R. Doo. 70-9943; Filed, July 31. 1970; to authorize the continued operation of with Docket No. RP70-6 by order Issued 8 :45 a.m .] the project pursuant to section 15 of the Apr. 29, 1970. FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 NOTICES 12371 No. RP70-6 et al., we stated that, con [Docket No. RI70-1717 etc.} sist of: (1) Two rock-fill dams on Cabin Mountain having a total length of about sistent with our policy regarding track LIVINGSTON OIL CO., ET AL. ing increases, Lawrenceburg would not 7,800 feet and a maximum height of be precluded from requesting permission Order Providing for Hearing on and about 90 feet forming; (2) an upper res to track supplier rate increases in the Suspension of Proposed Changes in ervoir with a gross storage capacity of future. We accordingly will accept Law 28,400 acre-feet and a surface area of Rates, and allowing Rate Changes about 550 acres at full pond elevation of renceburg’s filing. However, as the in To Become Effective Subject to Re creased rates proposed herein are di 4,042 feet (m.s.l.); (3) an intake works; rectly and entirely based upon the fund; Correction (4) a 30-foot diameter concrete-lined proposed rate increase of Texas Gas in J uly 16, 1970. power tunnel about 4,000 feet long; (5) Docket No. RP70-33, which was sus In the order providing for hearing on three 15-foot steel-lined penstocks; (6) pended to November 1, 1970, by order is and suspension of proposed changes in an underground power chamber con sued May 28, 1970, Lawrenceburg’s rates, and allowing rate changes to be taining three 250,000 kw. pump-turbine come effective subject to refund, issued generating units; (7) three 305,000 k-v-a. proposed rate filing should be suspended transformers located outdoors; (8) surge to that same date. June 17, 1970, and published in the The proposed rate increases have not F ederal R egister June 25, 1970, 35 F.R. chambers; (9) a tailrace tunnel and been shown to be justified and may be 10397, Appendix A, change “June 14, channel about 3,700 feet long; (10) a unjust, unreasonable, unduly discrimina 1970” to read “July 4, 1970”. lower reservoir having a gross storage tory, or preferential or otherwise capacity of 170,000 acre-feet and a sur Gordon M. G rant, face area of about 7,200 acres at full unlawful. Secretary. The fact that the cost ;.nd related data pond elevation 3,192 feet (m.s.l.) formed relied upon by Lawrenceburg in support [F.R. Doc. 70-9983; Piled, July 31, 1970; by; (11) a rock-fill dam about 65 feet of its filings in Dockets Nos. RP70-44, 8:48 a.m.] high and 640 feet long, having an adja RP70-26, and RP70-6 are substantially cent spillway and low level outlet works, the same raises issues of law and fact [Docket No. G-2602 etc.] constructed across the Blackwater common to each proceeding. Under these River; (12) three 138-kv. transmission MARATHON OIL CO. ET AL. lines extending about 9,600 feet from the circumstances it is appropriate that step-up transformers to; (13) a 500-kv. Docket No. RP70-44 be consolidated with Findings and Order; Correction the latter proceedings for purposes of switchyard located approximately one- hearing and decision. J uly 9,1970. half mile northerly of the upper reser The Commission finds : In the findings and order after statu voir; and (14) all other facilities and (1) It is necessary and proper in the tory hearing issuing certificates of pub interests appurtenant to operation of the public interest and to aid in the enforce lic convenience and necessity, amending project. . ,. ment of the provisions of the Natural orders issuing certificates, permitting According to the application, the pro Gas Act that the proposed tariff sheets and approving abandonment of service, posed project will be located near the listed in footnote 1 above be suspended terminating certificates, making succes Canaan Valley State Park, the Black and the use thereof be deferred as sors co-respondents, redesignating pro water Falls State Park, the Spruce Knob- herein provided. ceedings, requiring filing of agreements Seneca Rocks National Recreation Area, (2) It is necessary and proper in the and undertakings, and accepting related the Monongahela National Forest, and public interest and to aid in the enforce rate schedules and supplements for fil Cathedral State Park. None of the above ment of the provisions of the Natural ing, issued May 27, 1970 and published recreational developments contain any Gas Act that Docket No. RP70-44 be con in the F ederal R egister June 10, 1970, large body of,water. Since drawdown of solidated with Docket No. RP70-6, et al. 35 F.R. 8969, Change FPC Gas Rate the lower reservoir will be limited to 4 for purposes of hearing and decision. Schedule “No. 10” to read FPC Gas Rate feet, it will provide a 7,200-acre lake The Commission orders: Schedule “No. 40” relating to Docket No. which will be available at all times for (A) Pursuant to the authority of the G-19387. Change the Letter Agreement recreation. Natural Gas Act, particularly sections 4 date to read “2-470” in lieu of “2-24r-70” The application includes a recreation relating to Docket No. CI70-871. plan, which proposes development of and 15 thereof, the Commission’s rules three types of facilities. Two recreation of practice and procedure, and the regu G ordon M. Grant, sites are planned along the lower 7,200- lations under the Natural Gas Act (18 Secretary. CFR, Ch. 1), a public hearing be held acre reservoir. The day use area will con [P.R. Doc. 70-9984; Piled, July 31, 1970; tain a visitors’ center, boat launching concerning the lawfulness of the rates, 8:48 a.m.] charges, classifications, and services facility and 30 picnic sites. The camping contained in Lawrenceburg’s FPC Gas area will have 100 camp sites with water [Project No. 2709} and electricity available, two washhouses Tariff, as proposed to be amended herein. and a boat launching facility. In addi (B) Pending such hearing and deci MONONGAHELA POWER CO. ET AL. tion, three fishing access sites will be sion thereon, Lawrenceburg’s revised developed along the Blackwater River, tariff sheets, listed in footnote 1 above, Notice of Application for License for between the Town of Davis and the lower are suspended and the use thereof is Unconstructed Project deferred until November 1, 1970, and dam. J uly 24, 1970. Any person desiring to be heard or to until such further time as they are made make any protest with reference to said effective in the manner prescribed by the Public notice is hereby given that ap application should on or before Septem Natural Gas Act: Provided however, plication for a license has been filed ber 16, 1970, file with the Federal Power That Lawrenceburg shall not make the under the Federal Power Act (16 U.S.C. Commission, Washington, D.C. 20426, increase proposed herein effective prior 791a-825r) by Monongahela Power Co., petitions to intervene or protests in ac to the date that the increased rates pro •The Potomac Edison Co., and West Penn cordance with requirements of the Com posed by Texas Gas in Docket No. RP70- Power Co. (Correspondence to: Robert mission’s rules of practice and procedure 33 are made effective. G. MacDonald, Senior Vice President, (18 CFR 1.8 or 1.10). All protests filed (C) The proceedings in Dockets Nos. Allegheny Power Service Corp., 800 with the Commission will be considered RP70-44 and RP70-6, et al. are hereby Cabin Hill Drive, Greensburg, Pa. by it in determining the appropriate consolidated. 15601), for proposed Project No. 2709, to be known as the Davis Power Project, action to be taken but will not serve to By the Commission. make the protestants parties to the pro to be located on the Blackwater River in ceeding. Persons wishing to become par [seal] G ordon M. G rant, the vicinity of the towns of Thomas and ties to a proceeding or to participate as a Secretary. Davis in Tucker County, W. Va. party in any hearing therein must file [Pit. Doo. 70-9996; Piled, July 31, 1970; According to the application, the pro petitions to intervene in accordance with 8 :4 9 a .m .] posed pumped storage project will oon- the Commission's rides. The application FEDERAL REGISTER, V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 12372 NOTICES is on file with the Commission and avail The proposed changed rates and date shown in the “Date Suspended able for public inspection. charges may be unjust, unreasonable, Until” column, and thereafter until made Gordon M. Grant, unduly discriminatory, or preferential, effective as prescribed by the Natural Secretary. or otherwise unlawful. Gas Act. The Commission finds: It is in the (C) Until otherwise ordered by the [F.R. Doc. 70-9945; Filed, July 31, 1970; public interest and consistent with the Commission, neither the suspended sup 8:45 a.m.] Natural Gas Act that the Commission plements, nor the rate schedules sought enter upon hearings regarding the law to be altered, shall be changed until dis [Docket No. RI71-62] fulness of the proposed changes, and that position of these proceedings or expira the supplements herein be suspended and NI-GAS SUPPLY, INC. tion of the suspension period. their use be deferred as ordered below. (D) Notices of intervention or peti Order Providing for Hearings on and The Commission orders: tions to intervene may be filed with the Suspension of Proposed Changes in (A) Under the Natural Gas Act, par Federal Power Commission, Washington, ticularly sections 4 and 15, the regula D.C. 20426, in accordance with the rules Rates tions pertaining thereto (18 CFR Ch. I), Judy 24, 1970. of practice and procedure (18 CFR 1.8 and the Commission’s rules of practice and 1.37(f)) on or before September 8, The respondent named herein has filed and procedure, public hearings shall be 1970. proposed increased rates and charges of held concerning the lawfulness of the currently effective rate schedules for proposed changes. By the Commission. sales of natural gas under Commission (B) Pending hearing and decision jurisdiction, as set forth in Appendix A thereon, the rate supplements herein are [seal] Gordon M. Grant, hereof. suspended and their use deferred until Secretary. Ground system Location Power kw. Antenna Schedule Class Antenna ------Proposed date of Call letters height Number of Length . commencement of (feet) radiais (feet) operation H Jfl kHz „, (New)...... -*----...... -----____Calgary, Alberta, N. 50° 54' 10...... DA-1 U 111 ...... t.i.n . 21", W. 114° 12' 36". ^ CHEF (PO: 1450 kHz, lkwD/ Granby, Province of Quebec 10D/0.25N------DA-D U IV 155 120 *71 7.1.71. 0.25 kwN.ND—Change in N. 45°19'03", W. 72°41'43" ND-N-182 nighttime operation only from Day, N. 4 5 W. 72° that shown on List No. 257) ifllfi" Night. The sale under NI-Gas’ FPC Gas Rate [Docket No. CP70-120] ation of a total of 153.65 miles of 36-inch Schedule No. 2 represents six sixteenths of pipeline looping on its Amarillo line. the total volume of gas sold from the Green NATURAL GAS PIPELINE COMPANY The estimated cost of the additional No. 1 Well involved here, and was perma OF AMERICA 9.71 miles of pipeline is $1,717,000. nently certificated at an initial rate of 15 Due notice of the petition to amend Findings and Order Amending Order cents per Mcf in Docket No. CI70-699. The Was given by publication in the F ederal sale under NI-Gas’ FPC Gas Rate Schedule Issuing Certificate of Public Con R egister No. 3 represents ten sixteenths of the total on May 28, 1970 (35 F.R. 8413). volume sold from the same well but is being venience and Necessity No petition to intervene, notice of inter sold at a conditioned 15-cent rate under an July 27, 1970. vention, or protest to the granting of the interim arrangement authorized under a petition to amend has been received by temporary certificate issued in Docket No. On May 19,1970, Natural Gas Pipeline the Commission. CI70-700, NI-Gas requests waiver of the con Company of America (Petitioner) filed The Commission finds: dition in the temporary precluding any in in Docket No. CP70-120 a petition to It is necessary and appropriate in creased rate filing. For the reasons herein amend the order issued in said docket on carrying out the provisions of the Natural after discussed, we believe it appropriate to March 18, 1970, by authorizing the con Gas Act and the public convenience and waive the condition. struction of additional miles of pipeline necessity require that the order hereto NI-Gas is a one-sixteenth working interest loops, all as more fully set forth in the owner in this well and the remaining fifteen- fore issued in Docket No. CP70-120 on sixteenths interest is owned by three other petition to amend in this proceeding. March 18, 1970, be amended as herein producers in equal proportions. NI-Gas pur By the aforementioned order of after ordered. chases the interests of these other producers March 18, 1970, petitioner was author The Commission orders: in such gas and resells such gas, together ized, inter aha, to construct and operate The order heretofore issued in Docket with its own gas, under the rate schedules approximately 143.94 miles of 36-inch No. CP70-120 on March 1», 1970, is involved here. One of these other producers, pipeline looping various portions of its Grover Hefner Kennedy Oil Co. (GHK) has amended so as to authorize the construc filed for a rate increase from 15 cents to 21 Amarillo line in Oklahoma, Kansas, tion and operation of a total of 153.65 cents per Mcf which was suspended in Nebraska, Iowa, and Illinois. Petitioner miles of 36-inch looping pipe on petition Docket No. RI70-1723 until November 26, now states that, after observing the er’s Amarillo line as hereinbefore de 1970. The other two interest owners have not 1969-70 winter operation of the Amarillo yet filed similar increases. scribed and as more fully set forth in the Because GHK may collect its proposed in line and after extensive flow tests, it has petition to amend in this proceeding. In creased rate, subject to refund, as of Novem found that the flow efficiencies are all other respects, said order remains in ber 26, 1970, NI-Gas requests that it be per lower in that line than those used in mitted to charge the higher rate proposed full force and effect. here no later than the effective day of GHK’s designing the expansion authorized in increase. In the circumstances presented the aforementioned order of March 18, By the Commission. here, the suspension period for NI-Gas’s [seal] Gordon M. Grant, proposed rates should expire on November 26, 1970. Secretary. 1970. Petitioner, therefore, requests that the [F.R. Doc. 70-0953; Filed, July 31, 1970; [F.R. Doc. 70-9954; Filed, July 31, 1970; aforementioned order be amended so as 8:45 a.m.] to authorize the construction and oper 8:45 a.m .] FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 NOTICES 12373 [Project No. 1893] [Project No. 1967] the continued operation and mainte nance of the Wilder Project No. 1892, NEKOOSA-EDWARDS PAPER CO. PUBLIC SERVICE COMPANY OF subject to the terms and conditions of NEW HAMPSHIRE Notice of Issuance of Annual License its license. Gordon M. G rant, Notice of Issuance of Annual License J uly 28, 1970. Secretary. On June 27, 1969, Public Service Com On May 21, 1969, Nekoosa-Edwards [F.R. Doc. 70-9946; Filed, July 31, 1970; pany of New Hampshire, licensee for Paper Co., licensee for Lower Paper 8:45 a.m.] Mill Development Project No. 1967 lo Amoskeag Project No. 1893 located in cated in the vicinity of Portage County, Hillsboro and Merrimack Counties, N.H., [Project No. 1904] on the Merrimack River filed an applica Wis., on the Wisconsin River filed an tion for a new license under section 15 application for a new license under sec NEW ENGLAND POWER CO. tion 15 of the Federal Power Act and of the Federal Power Act and Commis Commission regulations thereunder Notice of Issuance of Annual License sion regulations thereunder (§§ 16.1- 16.6). Licensee also made a supplemental (§§16.1-16.6). J uly 28,1970. The license for Project No. 1967 was filing pursuant to Commission Order No. issued effective January 1, 1938, for a On June 23, 1969, New England Power 384 on February 17, 197$. period ending June 30, 1970. In order Co., licensee for Vernon Project No. 1904 The license for Project No. 1893 was to authorize the continued operation of located in Franklin and Worcester issued effective January 1, 1938, for a the project pursuant to section 15 of the Counties, Mass., Windham County, Vt., period ending June 30, 1970. In order to Act pending completion of licensee’s and Cheshire County, N.H., on the Con authorize the continued operation of the application and Commission action necticut River filed ah application for a project pursuant to section 15 of the Act thereon it is appropriate and in the new license under section 15 of the Fed pending completion of licensee’s applica public interest to issue an anrlual license eral Power Act and Commission regula tion and Commission action thereon it to Nekoosa-Edwards Paper Co. for con tions thereunder (§§ 16.1-16.6). Licensee is appropriate and in the public interest tinued operation and maintenance of also made a supplemental filing pursuant to issue an annual license to Public Serv Project No. 1967. to Commission Order No. 384 on Febru ice Company of New Hampshire for con Take notice that an annual license ary 24, 1970. tinued operation and maintenance of is issued to Nekoosa-Edwards Paper Co. The license for Project No. 1904 was Project No. 1893. (licensee) under section 15 of the Fed issued effective January 1, 1938, for a Take notice that an annual license is eral Power Act for the period June 30, period ending June 30, 1970. In order to issued to Public Service Company of New 1970, to June 30, 1971, or until Federal authorize the continued operation of the Hampshire (licensee) under section 15 takeover, or the issuance of a new license project pursuant to section 15 of the Act of the Federal Power Act for the period for the project, whichever comes first, pending completion of licensee’s applica June 30, 1970, to June 30, 1971, or until for the continued operation and main tion and Commission action thereon it is Federal takeover, or the issuance of a tenance of the Lower Paper Mill Devel appropriate and in the public interest to new license for the project, whichever opment Project No. 1967, subject to the issue an annual license to New England comes first, for the continued operation terms and conditions of its license. Power Co. for continued operation and and maintenance of the Amoskeag Proj maintenance of Project No. 1904. ect No. 1893, subject to the terms and Gordon M. G rant, conditions of its license. Secretary. Take notice that an annual license is issued to New England Power Co. (li Gordon M. G rant, [F.R. Doc. 70-9991; Filed, July 31, 1970; censee) under section 15 of the Federal Secretary. 8:48 a.m.] Power Act for the period June 30, 1970, [F.R. Doc. 70-9947; Filed, July 31, 1970; to June 30, 1971, or until Federal take 8:45 a.m.] [Project No. 1892] over, or the issuance of a new license for the project, whichever comes first, for the NEW ENGLAND POWER CO. continued operation and maintenance of [Project No. 1913] Notice of Issuance of Annual License the Vernon Project No, 1904, subject to the terms and conditions of its license. PUBLIC SERVICE COMPANY OF J uly 27,1970. NEW HAMPSHIRE On June 23, 1969, New England Power G ordon M. G rant, Co., licensee for Wilder Project No. 1892 Secretary. Notice of Issuance of Annual License located in Orange and Windsor Counties, [F.R. Doc. 70-9992; Filed, July 31, 1970; J uly 28, 1970. Vt., and Cheshire, Grafton, and Sullivan 8:48 a.m.] On June 27, 1969, Public Service Com Counties, N.H., on the Connecticut River pany of New Hampshire, licensee for filed an application for a new license un [Docket No. RI70-1679 etc.] Hooksett Project No. 1913 located in der section 15 of the Federal Power Act PLACID OIL CO. ET AL. Merrimack County, N.H., on the Mer and Commission regulations thereunder rimack, River filed an application for a (§§ 16.1-16.6). Licensee also made a sup Order Providing for Hearing on and new license under section 15 of the Fed plemental filing pursuant to Commission Suspension of Proposed Changes in eral Power Act and Commission regula Order No. 384 on February 24, 1970. Rates, and Allowing Rate Changes tions thereunder (§§ 16.1-16.6). Licensee The license for Project No. 1892 was also made a supplemental filing pursu issued effective January 1, 1938, for a To Become Effective Subject to Re ant to Commission Order No. 384 on period ending June 30, 1970. In order to fund; Correction February 17, 1970. authorize the continued operation of the J uly 16,1970. The license for Project No. 1913 was project pursuant to section 15 of the In the order providing for hearing on issued effective January 1, 1938, for a Act pending completion of licensee’s ap and suspension of proposed changes in period ending June 30, 1970. In order plication and Commission action thereon rates, and allowing rate changes to be to authorize the continued operation of it is appropriate and in the public inter come effective subject to refund, issued the project pursuant to section 15 of est to issue an annual license to New June 3, 1970 and published in the F ed the Act pending completion of licensee’s England Power Co. for continued opera eral R egister June 11, 1970, 35 F.R. application and Commission action tion and maintenance of Project No. 9055, Appendix A, Docket No. RI70-1681, thereon it is appropriate and in the pub- 1892. Hunt Oil Co.: Under column headed lice interest to issue an annual license to Take notice that an annual license is “Supp. No.” change Supplement No. “3” Public Service Company of New Hamp issued to New England Power Co. (li to read Supplement No. “4”. shire for continued operation and main censee) trader section 15 of the Federal tenance of Project No. 1913. Power Act for the period June 30, 1970, Gordon M. G rant, to June 30, 1971, or until Federal take Secretary. Take notice that an annual license over, or the issuance of a new license for [F.R. Doc. 70-9985; Filed, July 31, 1970; is issued to Public Service Company of the project, whichever comes first, for 8:48 a.m.] New Hampshire (licensee) under section FEDERAL REGISTER, V O L 35, NO. 149— SATURDAY, AUGUST 1, 1970 12374 NOTICES 15 of the Federal Power Act for the umn headed “Supp. No.” change "4” to Division of the UGI Corp. (PGW) for period June 30, 1970, to June 30, 1971, read “5”. redelivery to Philadelphia Electric Co. or until Federal takeover, or the Issu Gordon M. G rant, (PE), all as more fully set forth in the ance of a new license for the project, Secretary. petition to amend which is on file with whichever comes first, for the continued [F.R. Doc. 70-9987; Filed, July 31, 1970; the Commission and open to public operation and maintenance of the Hook- 8:48 a.m.] inspection. sett Project No. 1913, subject to ‘the Petitioner was authorized by the afore terms and conditions of its license. mentioned order, inter alia, to sell and G ordon M. G rant, [Docket No. RI70—243 etc.] deliver to PGW up to 36,000 Mcf of Secretary. natural gas per day for redelivery to PE SUN OIL CO. ET AL. at the Chester and Barbadoes Island [F.R. Doc. 70-9993; Filed, July 31, 1970; Order Accepting Contract Amend delivery points before August 31, 1970. 8:48 a.m.] Petitioner states that since the deliveries ments, Providing for Hearings on did not commence until July 11, 1970, it [Project No. 2161] and Suspension of Proposed has now become apparent that in order Changes in Rates; Correction to complete the sale of the total volumes ST. REGIS PAPER CO. J uly 16,1970. contemplated by the parties within the Notice of Issuance of Annual License time limit provided, it will be necessary In the order accepting contract amend to exceed the present, daily volume limi J uly 24, 1970. ments, providing for hearings on and tation, by as much as 19,000 Mcf of nat On March 12, 1969, St. Regis Paper suspension of proposed changes in rates, ural gas per day to 55,000 Mcf per day. Co., licensee for Rhinelander Project No. issued October 2, 1969, and published in It appears reasonable and consistent 2161 located in the vicinity of Oneida the F ederal R egister October 11, 1969, with the public interest in this case to County, Wis., on the Wisconsin River 34 F.R. 15767, Appendix A, Docket No. prescribe a shortened period for the fil filed an application for a new license RI70-253—Sun Oil Co. (Operator) et al. ing of protests and petitions to inter under (§§ 16.1-16.6). Licensee also made Under column headed “Supp. No.” change vene. Any person desiring to be heard or Act and Commission regulations there “22” to read “23”. to make any protest with reference to under (]§ 16.1-16.6). Licensee also made G ordon M! G rant, said petition to amend should on or be a supplemental filing pursuant to Com Secretary. fore July 30, 1970, file with the Federal mission Order No. 384 on February 27, [F.R. Doc. 70-9988; Filed, July 31, 1970; Power Commission, Washington, D.C. 1970. 8:48 a.m.] 20426, a petition to intervene or a pro The»license for Project No. 2161 was test in accordance with the require issued effective January 1, 1938, for a ments of the Commission’s rules of prac period ending June 30, 1970. In order [Docket No. RI70-386 etc.] tice and procedure (18 CFR 1.8 or 1.10) to authorize the continued operation of and the regulations under the Natural the project pursuant to section 15 of the TEXACO, INC., ET AL. Gas Act (18 CFR 157.10). All protests Act pending completion of licensee’s ap Order Providing for Hearing on and filed with the Commission will be consid plication and Commission action there Suspension of Proposed Changes in ered by it in determining the appropriate on it is appropriate and in the public action to be taken but will not serve to interest to issue an annual license to Rates, and Allowing Rate Changes make the protestants parties to the pro St. Regis Paper Co. for continued opera To Become Effective Subject to Re ceeding. Any person wishing to become tion and maintenance of Project No. fund; Correction a party to a proceeding or to participate 2161. J uly 16» 1970. as a party in any hearing therein must Take notice that an annual license is in the order providing for hearing on file a petition to intervene in accordance issued to St. Regis Paper Co. (licensee) and suspension of proposed changes in with the Commission’s rules. under section 15 of the Federal Power rates, and allowing' rate changes to be Gordon M. G rant, Act for the period June 30, 1970, to come effective subject to refund, issued June 30, 1971, or until Federal takeover, Secretary. October 29, 1969, and published in the [F.R. Doc. 70-9941; Filed, July 31, 1970; or the issuance of a new license for the F ederal R egister November 6, 1969, 34 project, whichever comes first, for the F.R. 17970, Appendix A, Docket No. 8:45 a.m.] continued operation and maintenance of RI70-393, Marathon Oil Co.: (Opposite the Rhinelander Project No. 2161, sub Rate Schedule No. 102) under column [Project No. 18891 ject to the terms and conditions of its headed “Supp. No.” change “2” to license. WESTERN MASSACHUSETTS read “3”. ELECTRIC CO. G ordon M. G rant, Gordon M. G rant, Secretary. Secretary. Notice of Issuance of Annual License [F.R. Doc. 70-9948; Filed, July 31, 1970; [F.R. Doc. 70-9989; Filed, July 31, 1970; 8:45 a.m .] J uly 27, 1970. 8:48 a.m.] On June 19,1969, Western Massachu setts Electric Co., licensee for Turners [Docket No? RI70-230 etc.] [Docket No. CP70—300] Falls & Cabot Project No. 1889 located SUN OIL CO., ET AL. in Windham County, Vt,, Franklin TRANSCONTINENTAL GAS PIPE County, Mass., and Cheshire County, Order Accepting Contract Agreement, LINE CORP. N.H., on the Connecticut River filed an Providing for Hearings on and Sus Notice of Petition To Amend application for a new license under sec pension of Proposed Changes in tion 15 of the Federal Power Act and J uly 23, 1970. Commission regulations thereunder (§§ Rates; Correction . Take notice that on July 20, 1970, -16,1-16.6). Licensee also made a supple J uly 16,1970. Transcontinental Gas Pipe Line Corp. mental filing pursuant to Commission In the order accepting contract agree (petitioner), Post Office Box 1396, Hous Order No. 384 on February 18, 1970. ment, providing for hearings on and sus ton, Tex. 77001, filed in Docket No. CP70- The license for Project No. 1889 was pension of proposed changes in rates, 300 a petition to amend the order of the issued effective January 1, 1938, for a issued September 26, 1969, and published Commission issued pursuant to section period ending June 30, 1970. In order 7(c) of the Natural Gas Act on July 9, to authorize the continued operation of in the F ederal R egister October 3, 1969, 1970, to authorize an increase in the the project pursuant to section 15 of the 34 F.R. 15434, Appendix A, Docket No. volumes of natural gas to be transported Act pending completion of licensee’s ap RI70-241, Kingwood Oil Co.MJnder col and delivered to Philadelphia Gas Works plication and Commission action thereon FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 NOTICES 12375 it is appropriate and in the public inter River filed an application for a new li est to issue and annual license to Western cense under section 15 of the Federal FEDERAL RESERVE SYSTEM Massachusetts Electric Co., for contin Power Act and Commission regulations UNITED JERSEY BANKS ued operation and maintenance of Proj thereunder (§§ 16.1-16.6). Licensee also ect No. 1889. made a supplemental filing pursuant to Order Approving Action To Become a Take notice that an annual license is Commission Order No. 384 on June 26, Bank Holding Company issued to Western Massachusetts Elec 1970. The license for Project No. 1957 was In the matter of the application of tric Co. (licensee) under section 15 of the United Jersey Banks, Hackensack, N.J., Federal Power Act for the'period June issued effective January 1, 1938, for a period ending June 30, 1970. In order for approval of action to become a bank 30, 1970 to June 30, 1971 or until Fed holding company through the acquisition eral takeover, or the issuance of a new to authorize the continued operation of the project pursuant to section 15 of the of all of the voting shares of Peoples license for the project, whichever comes Act pending completion of licensee’s ap Trust of New Jersey, Hackensack, and of first, for the continued operation and Central Home Trust Co., Elizabeth; and maintenance of the Turners Falls & plication and Commission action thereon it is appropriate and in the public inter of all the voting shares (less directors’ Cabot Project No. 1889, subject to the qualifying shares) of the successors by terms and conditions of its license. est to issue an annual license to Wis consin Public Service Corp. for continued merger to Peoples National Bank of Mon Gordon M. Grant, operation and maintenance of Project mouth County, Hazelet; The Third Na Secretary. No. 1957. tional Bank & Trust Company of Cam [F.R. Doc. 70-9949; Filed, July 81, 1970; Take notice that an annual license is den, Camden; and The Cumberland Na 8:45 a.m.] issued to Wisconsin Public Service Corp. tional Bank of Bridgeton, Bridgeton; all (licensee) under section 15 of the Federal in New Jersey. Power Act for the period June 30, 1970, There has come before the Board of [Project No. 1968] to June 30, 1971, or until Federal take Governors, pursuant to section 3(a)(1) WISCONSIN PUBLIC SERVICE CORP. over, or the issuance of a new license for of the Bank Holding Company Act of the project, whichever comes first, for 1956 (12 U.S.C. 1842(a) (1)) and § 222.3 Notice of Issuance of Annual License the continued operation and mainte (a) of Federal Reserve Regulation Y (12 J u ly 28, 1970. nance of the Otter Rapids Project No. CFR 222.3(a)), an application by United On June 27, 1969, Wisconsin Public 1957, subject to the terms and conditions Jersey Banks, Hackensack, N.J., for the Service Corp., licensee for Hat Rapids of its license. Board’s prior approval of action whereby G ordon M. G rant, applicant would become a bank holding Project No. 1968 located in the vicinity Secretary. of Oneida County, Wis., on the Wiscon company through the acquisition of all sin River filed an application for a new [F.R. Doc. 70-9995; Filed, July 31, 1970; of the voting shares of Peoples Trust 8:48 a.m.] of New Jersey, Hackensack, and of Cen license under section 15 of the Federal tral Home Trust Co., Elizabeth; and of Power Act and Commission regulations all of the voting shares (less directors’ thereunder (§§ 16.1-16.6). Licensee also [Project No. 1888] made a supplemental filing pursuant to qualifying shares) of the successors by YORK HAVEN POWER CO. merger to Peoples National Bank of Mon Commission Order No. 384 on Febru mouth County, Hazelet; The Third Na ary 26,1970. Notice of Issuance of Annual License tional Bank & Trust Company of Cam The license for Project No. 1968 was J uly 27,1970. den, Camden; and The Cumberland Na issued effective January 1, 1938, for a tional Bank of Bridgeton, Bridgeton; all period ending June 30, 1970. In order On June 30, 1969, York Haven Power in New Jersey. to authorize the continued operation of Co., licensee for York Haven Project No. the project pursuant to section 15 of the 1888 located in Dauphin, Lancaster, and As required by section 3(b) of the Act, Act pending completion of licensee’s ap York Counties, Pa., on the Susquehanna the Board gave written notice of receipt plication and Commission action thereon River filed an application for a new li of the application to the Comptroller of it is appropriate and in the public inter cense under section 15 of the Federal the Currency and the New Jersey Com est to issue an annual license to Wiscon Power Act and Commission regulations missioner of Banking and requested their sin Public Service Corp. for continued thereunder (§§ 16.1-16.6). Licensee also views and recommendations. Neither ob operation and maintenance of Project made a supplemental filing pursuant to jected to approval of the proposed trans No. 1968. Commission Order No. 384 on Febru action. Take notice that an annual license is ary 27, 1970. Notice of receipt of the application was issued to Wisconsin Public Service Corp. The license for Project No. 1888 was published in the F ederal R egister on (licensee) under section 15 of the Fed issued effective January 1, 1938, for a May 22, 1970 (35 F.R. 7913), providing eral Power Act for the period June 30, period ending June 30, 1970. In order an opportunity for interested persons to 1970, to June 30, 1971, or until Federal to authorize the continued operation of submit comments and views with respect takeover, or the issuance of a new li the project pursuant to section 15 of the to the proposed transaction. A copy of cense for the project, whichever comes Act pending completion of licensee’s ap the application was forwarded to the first, for the continued operation and plication and Commission action thereon U.S. Department of Justice for its con maintenance of the Hat Rapids Project it is appropriate and in the public inter sideration. The time for filing comments No. 1968, subject to the terms and con est to issue an annual license to York and views has expired and all those re ditions of its license. Haven Power Co. for continued operation ceived have been considered by the and maintenance of Project No. 1888. Board. G ordon M. G rant, Take notice that an annual license It is hereby ordered, For the reasons Secretary. is issued to York Haven Power Co. set forth in the Board’s statement1 of this [F.R. Doc. 70-9994; Filed, July 31, 1970; (licensee) under section 15 of the Fed date, that said application be and hereby 8:48 a.m.] eral Power Act for the period June 30, is approved: Provided, That the action so 1970, to June 30, 1971, or until Federal approved shall not be consummated (a) before the 30th calendar day following [Project No. 1957] takeover, or the issuance of a new li cense for the project, whichever comes the date of this order or (b) later than WISCONSIN PUBLIC SERVICE CORP. first, for the continued operation and 3 months after the date of this order, unless such period is extended for good Notice of Issuance of Annual License maintenance of the York Haven Project No. 1888, subject to the terms and condi cause by the Board, or by the Federal J uly 28,1970. tions of its license. On June 27, 1969, Wisconsin Public G ordon M. G rant, 1 Filed as part of the original document. Service Corp., licensee for Otter Rapids Copies available upon request to the Board Secretary. of Governors of the Federal Reserve System, Project No. 1957 located in the vicinity [F.R. Doc. 70-9950; Filed, July 31, 1970; Washington, D.C. 20551, or to the Federal of Vilas County, Wis., on the Wisconsin 8:45 a.m.] Reserve Bank of New York. FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 No. 149----- 9 12376 NOTICES Reserve Bank of New York pursuant to single payment variable annuity con for these contracts into line with MONY’s delegated authority. tract, which was not the subject of, or charges for fixed annuities in these cir By order of the Board of Governors, included within the application previ cumstances, Applicants proposed to per July 27, 1970.* ously made. mit the purchase of single payment vari Section 22(d) provides, in pertinent able annuity contracts at a 1.9 percent [seal] K enneth A. K enyon, part, that no registered investment com reduction in the sales charge in cases Deputy Secretary. pany shall sell any redeemable security where such a contract is purchased by [FU. Doc. 70-9965; FUed, July 31, 1970; issued by it to any person except at a application of the death, endowment or 8:46 a.m.] current offering price described in the other lump sum cash distribution under prospectus. This section has been con a MONY life, endowment or fixed an strued as prohibiting variations in the nuity contract. Thus, the purchase of a sales load except on a uniform basis. single payment variable annuity contract SECURITIES AND EXCHANGE Applicants request an exemption with these proceeds will be made at a from section 22(d) to the extent neces 2.1 percent sales charge rather than the sary to permit them to issue the single 4 percent sales charge made on direct COMMISSION payment variable annuity contracts investments. [ 812- 2621] - which are the subject of this application Applicants state that a reduced sales MUTUAL LIFE INSURANCE COMPANY (a) with the scale of sales and adminis charge in such circumstances is equi trative expense charges set forth below, table, because of the lesser sales expenses OF NEW YORK AND MONY VARI (b) with the right to participate in the and because a sales charge will have ABLE ACCOUNT A divisible surplus of MONY, and (c) with been made in connection with the pur Notice of Application reduced sales charges where the con chase of the original MONY life, endow tract is purchased by application of lump ment, or fixed annuity contract from J uly 27, 1970. sum cash amounts payable by MONY which the funds for purchase of the Notice is hereby given that The Mutual under its life, endowment, or fixed an variable annuity contract will be derived. life Insurance Company of New York nuity contracts. Applicants propose that the discount be (“Mony”), 1740 Broadway, New York, The single payment variable annuity 1.9 percent because MONY wishes to N.Y. 10019, a mutual life insurance com contracts which are the subject of this offer this variable annuity at the same pany organized under the laws of the application provide for charges from the terms at which a MONY’s corresponding State of New York, and The MONY Vari single payment thereunder to cover sales single premium fixed annuity is available able Account A (“Account A”) (herein and administrative expenses. The normal in these circumstances. Accordingly, the collectively called Applicants), have filed rate of charges for sales expenses will be Applicants propose that the holder or an application pursuant to section 6(c) 4 percent and for administrative ex beneficiary of a MONY contract have of the Investment Company Act of 1940, penses 1 percent. In addition, there will the option to use the lump sum distribu (Act), for an order of exemption to the be a $50 charge for administration and tion from his MONY contract to pur extent noted below from the provisions installation expenses. Applicants state chase either a fixed dollar or a variable of sections 22(d) and 27(c)(2) of the that these deductions follow the basic annuity at terms which reflect the same Act. All interested persons are referred pricing pattern which MONY has long savings in sales charges. to the application on file with the Com followed with respect to its corresponding Applicants assert that from the point mission for a complete statement of the single payment fixed annuity. of view of equitable treatment of con representations contained therein, which In the absence of an exemptive order tract owners, no unfair discrimination are summarized below. of the Commission, Applicants’ proposed would result under the proposed reduced MONY established Account A on July scale of charges applicable to these con sales charges. In all cases a sales charge 31, 1968, pursuant to the provisions of tracts may be prohibited by section 22(d) on the premiums under MONY’s insur section 227 of the New York Insurance in that the $50 deduction from the sin ance contracts will have been made. The Law for the purpose of providing an in gle payment, if considered to be a part purpose of the reduced sales charge is vestment medium for certain variable of the sales charge, would result in a to avoid cumulating sales charges and annuity contracts to be issued by MONY varying, rather than a uniform, sales to allow Applicants to take into account and Account A. These contracts are de charge when expressed in terms of a per the anticipated lower sales expenses in signed to provide variable retirement centage of the offering price, depending offering these variable annuity contracts benefits pursuant to plans qualifying un on the amount of the payment. Appli to these investors. der section 401, 403(a), or 403(b) of the cants request an exemption from sec Applicants also assert that the pro Internal Revenue Code (Code), and to tion 22(d), to the extent necessary, so as posed reduced charges t.re in the interest individuals under contracts not issued to permit this scale including the deduc of investors and the public ; that no un under any such tax benefited plans. Ac tion of the $50 charge from the single fair discrimination between contract count A is an open-end, diversified man payment. owners participating in Account A would agement investment company registered Applicants also request an exemption result therefrom; and that the reduction under the Act. from section 22(d) to permit the holders would be consistent with the policies of The Commission on February 20, 1969, of these contracts to participate in the the Act. issued a notice (Investment Company Act divisible surplus of MONY. The same Section 27(c) (2) prohibits a registered Release No. 5617) upon the earlier appli exemption was previously granted for investment company issuing periodic cation of MONY and Account A for ex MONY’s multiple payment variable an payment plan certificates, or for any de emption from several provisions of the nuity contracts (Investment Company positor of or underwriter for such com Act in connection with the issuance of Act Release No. 5629). Applicants repre pany from selling any such certificate, those individual and group multiple pay sent that there is an annual determina unless the proceeds of all payments, ment variable annuity contracts as were tion of the board of trustees of MONY other than the sales load, are deposited then designated as participating in Ac of the amount of surplus, if any, which with a bank as trustee or custodian and count A. On March 11, 1969, the Com may prudently be distributed and the held under an indenture or agreement mission issued an order (Investment manner in which that amount shall be containing, in substance, the provisions Company Act Release No. 5629) granting distributed. Since the crediting of divis required by section 26(a) (2) and (3) for such exemptions. The subject of the ible surplus is expected to be based upon trust indentures of a unit investment instant application is a proposed new all aspects of MONY’s experience with a trust. type of contract, namely, individual class or group of contracts, any such crediting may reflect a reduction in Because the contracts which are the subject of this application were not des a Voting for this action: Chairman Burns charges for various factors, including and Governors Robertson, Daane, Maisel, sales or administrative expenses, or both. ignated as participating in Account A at Brimmer, and Sherrill. Absent and not vot Also, because of lesser MONY sales the time the order of March 11, 1969 ing: Governor Mitchell. expenses and to bring the sales charge was issued, Applicants state that the FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 NOTICES 12377 exemption from section 27(c)(2) con ing or advice as to whether a hearing is (subject to certain adjustments as set tained in that order may not be con ordered, will receive notice of further forth in the Agreement) to be trans sidered as applicable to these contracts. developments in this matter, including ferred to Applicant by the net asset value To the extent that such exemption is the date of the hearing (if ordered) and per share of Applicant. necessary for the contracts which are any postponements thereof. As of April 30, 1970, the market value the subject of this application, Appli For the Commission, by the Division of the assets of Securities Equity to be cants request similar exemptive relief of Corporate Regulation, pursuant to del delivered to Applicant was approxi from section 27(c)(2) for these con mately $2,693,000. Applicant intends to tracts. Applicants consent to such relief egated authority. sell, soon after receipt, securities repre being subject to the same conditions to [seal] Orval L. D uB ois, senting approximately 18.74 percent of which the previously granted exemption Secretary. the market value of such assets, but in was subject, namely: [FJR. Doc. 70-10014; Filed, July 31, 1970; no event will such sale represent more (1) That the charges under the vari 8:50 a.m.] than 25 percent of the market value on able annuity contracts for administra the closing date of the assets received. tive expenses shall not exceed such rea The remainder of tlje assets will be re sonable amounts as the Commission shall [812-2783] tained in Applicant’s portfolio. When the prescribe, and that the Commission shall STATE STREET INVESTMENT CORP. shares of Applicant are received by Secu reserve jurisdiction for such purpose; and rities Equity, Securities Equity will dis (2) That the payment of sums and Filing of Application for Order Ex tribute such shares to its stockholders charges out of the assets of Account A empting Sale by Open-End Com upon liquidation of Securities Equity. shall not be deemed to be exempted from Applicant has been advised that the pany of Its Securities at Other Than stockholders of Securities Equity have no regulation by the Commission by reason Public Offering Price of said order: Provided, That the Appli present intention of redeeming any sub cants’ consent to this condition shall not J u ly 27,1970. stantial number or otherwise transfer be deemed to be a concession to the Com Notice is hereby given that State Street ring any of applicant’s shares following mission of authority to regulate the Investment Corp. (Applicant), 225 the proposed transaction. payment of sums and charges out of the Franklin Street, Boston, Mass. 02110, a Applicant represents that no affiliation assets in Account A other than charges Massachusetts corporation registered un exists between Securities Equity or any for administrative services, and Appli der the Investment Company Act of 1940 director or stockholder thereof and Ap cants reserve the right, in any proceed (Act) as an open-end diversified man plicant; and that the agreement was ne ing before the Commission or in any agement investment company, has filed gotiated at arm’s length by the principals suit or action in any court, to assert that an application pursuant to section 6(c) of both corporations. the Commission has no authority to reg of the Act requesting an order of the Section 22(d) of the Act provides that ulate the payment of such other sums Commission for exemption from the pro registered open-end investment com and charges. visions of section 22(d) of the Act which, panies may sell their shares only at the Section 6(c) authorizes the Commis in pertinent part, prohibit a registered current public offering price as described sion to exempt any person, security, or investment company from selling any re in the prospectus. Section 6(c) permits transaction, or any class or classes of deemable security issued by it to any the Commission, upon application, to persons, securities, or transactions, from person except either to or through a exempt a transaction if it finds that such the provisions of the Act and rules pro principal underwriter for distribution at an exemption is necessary or appropriate mulgated thereunder if and to the extent a current public offering price described in the public interest and consistent with that such exemption is necessary or ap in the prospectus. Section 22(d) would the protection of investors and the pur propriate in the public interest and con prevent Applicant, which does not have poses fairly intended by the policy and sistent with the protection of investors a prospectus describing a current offer provisions of the Act. and the purposes fairly intended by the ing price, from acquiring the assets of Notice is further given that any inter policy and provisions of the Act. Securities Equity Co. (Securities Equity) ested person may, not later than Notice is hereby given that any inter in exchange for the shares of Applicant. August 17, 1970 at 5:30 p.m„ submit to ested person may, not later than Au All interested persons are referred to the the Commission in writing a request for gust 13, 1970, at 5:30 p.m., submit to the application on file with the Commission a hearing on the matter accompanied by Commission in writing a request for a for a statement of the representations a statement as to the nature of fact or hearing on the matter accompanied by therein which are summarized below. law proposed to be controverted, or he a statement as to the nature of his in Applicant states that Securities Equity, may request that he be notified if the terest, the reason for such request and a Connecticut corporation, was originally Commission "shall order a hearing the issues of fact or law proposed to be incorporated in 1926 and since that date thereon. Any such communication should controverted, or he may request that he has been primarily engaged in investing, be addressed: Secretary, Securities and be notified if the Commission shall order reinvesting, and trading in securities. At Exchange Commission, Washington, D.C. a hearing thereon. Any such communica present Securities Equity has 26 stock 20549. A copy of such request shall be tion should be addressed: Secretary, Se holders, is a personal holding company served personally or by mail (airmail if curities and Exchange Commission, for Federal income tax purposes and is the person being served is located more Washington, D.C. 20549. A copy of such subject to corporate and personal hold than 500 miles from the point of mail request shall be served personally by ing company Federal income taxes. Ap ing) upon Applicant at the address Mail (airmail if the person being served plicant asserts that Securities Equity is stated above. Proof of such service (by is located more than 500 miles from the excepted from the definition of an in affidavit or in case of an attorney at law point of mailing) upon applicants at the vestment company by reason of section by certificate) shall be filed contempo address stated above. Proof of such 3(c) (1) of the Act. raneously with the request. At any time sendee (by affidavit or in case of an On April 3, 1970, Applicant and Secu after said date, as provided by Rule 0-5 attorney at law, by certificate) shall be rities Equity entered into an Agreement of the rules and regulations promulgated nled contemporaneously with the re and Plan of Reorganization (Agree under the Act, an order disposing of the quest. At any time after said date, as pro ment) whereby substantially all of the application herein may be issued by the vided by Rule 0-5 of the rules and regula assets of Securities Equity are to be Commission upon the basis of the infor tions promulgated under the Act, an or transferred to Applicant in exchange for mation stated in said application unless der disposing of the application herein shares of Applicant’s common stock. an order for hearing upon such applica may be issued by the Commission upon Pursuant to the Agreement, the number tion shall be issued upon request or upon bas ? of the information stated in of Applicant’s shares to be delivered to the Commission’s own motion. Persons saia application, unless an order for hear Securities Equity shall be determined on who request a hearing or advice as to ing upon said application shall be issued the closing date, as defined in the Agree whether a hearing is ordered, will receive upon request or upon the Commission’s ment, by dividing the aggregate value of notice of further developments in this own motion. Persons who request a hear the gross assets of Securities Equity matter, including the date of the hearing FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 12378 NOTICES (if ordered) and any postponements defined in the Agreement, by dividing hearing (if ordered) and any postpone thereof. the aggregate value of the gross assets ments thereof. For the Commission, by the Division of of Washburn (subject to certain adjust For the Commission, by the Division Corporate Regulation, pursuant to ments as set forth in the Agreement) to of Corporate Regulation, pursuant to be transferred to Applicant by the net delegated authority. delegated authority. asset value per share of Applicant. [seal] Orval L. D uBois, As of April 30, 1970, the market value [seal] Orval L. DuBois, Secretary. of the assets of Washburn to be delivered Secretary. [F.R. Doc. 70-10015; Filed, July 31, 1970; to Applicant was approximately $2,695,- [F.R. Doc. 70-10016; Filed, July 31, 1970; 8:50 a.m.] 000. Applicant intends to sell, soon 8:50 a.m.] after receipt, securities representing ap proximately 5.81 percent of the market [812-2777] value of such assets, but in no event will STATE STREET INVESTMENT CORP. such sale represent more than 20 percent SMALL BUSINESS of the market value on the closing date Filing of Application for Order Ex of the assets received. The remainder of ADMINISTRATION empting Sale by Open-End Com the assets will be retained in Applicant’s pany of Its Securities at Other Than portfolio. When the shares of Applicant METROPOLITAN CAPITAL CORP. Public Offering Price are received by Washburn. Washburn Notice of Application for a License will distribute such shares to its stock as a Small Business Investment J uly 27, 1970. holders upon the liquidation of Wash- Notice is hereby given that State bum. Applicant has been advised that the Company Street Investment Corp. (Applicant), stockholders of' Washburn have no Notice is hereby given concerning the 225 Franklin Street, Boston, Mass. 02110, present intention of redeeming any sub filing of an application with the Small a Massachusetts corporation registered stantial number or otherwise trans Business Administration pursuant to under the Investment Company Act of ferring any of Applicant’s shares follow § 107.102 of the Regulations governing 1940 (Act) as an open-end diversified ing the proposed transaction. small business investment companies management investment company, has Applicant represents that no affiliation (33 F.R. 326, 13 CFR 107) under the filed an application pursuant to section exists between Washburn, or any direc name of Metropolitan Capital Corp., 6(c) of the Act requesting an order of tor or stockholder thereof and Applicant, 2550 Huntington Avenue, Alexandria, the Commission for exemption from the and that the agreement was negotiated Va. 22303, for a license to operate in the provisions of section 22(d) of the Act at arm’s length by the principals of both Commonwealth of Virginia as a small which, in pertinent part, prohibit a corporations. business investment company under the registered investment company from Section 22(d) of the Act provides that provisions of the Small Business Invest selling any redeemable security issued registered open-end investment com ment Act of 1958, as amended (Act) (15 by it to any person except either to or panies may sell their shares only at the U.S.C. 661 et seq.). through a principal underwriter for dis current public offering price as described All of the applicant’s stock is owned tribution at a current public offering in the prospectus. Section 6(c) permits by the Value Engineering Co. which price described in the prospectus. Section the Commission, upon application, to occupies the same premises as the appli 22(d) would prevent Applicant, which exempt a transaction if it finds that such cant. Value Engineering Co. is engaged does not have a prospectus describing a an exemption is necessary or appropri in engineering and laboratory services to current offering price, from acquiring ate in the public interest and consistent government and industry. Mr. John B. the assets of Washburn Investment Co., with the protection of investors and the Toomey owns more than 10 percent of Inc. (Washburn) in exchange for the purposes fairly intended by the policy its stock and, therefore, by attribution, shares of Applicant. All interested per and provisions of the Act. owns more than 10 percent of the sons are referred to the application on Notice is further given that any inter applicant’s stock. file with the Commission for a statement ested person may, not later than Au The officers and directors of the appli- of the representations therein which are gust 17, 1970 at 5:30 p.m„ submit to the cant are as follows: summarized below. Commission in writing a request for a John B. Toomey, 7412 Admiral Drive, Alex Applicant states that Washburn, a hearing on the matter accompanied by a andria, Va. 22304. Chairman of the Board Massachusetts corporation, was origi statement as to the nature of fact or law and Director. nally incorporated in 1882 and was en proposed to be controverted, or he may Marie Ann Riebe, 504 North Mansfield Street, gaged directly and through a wholly request that he be notified if the Com Alexandria, Va. 22304. President, Treasurer, owned Canadian subsidiary in the manu mission shall order a hearing thereon. and Director. facture and sale of wire products. On Any such communication should be Harold P. Weinberg, 1507 Sanford Road- March 11, 1969, Washburn sold all of its addressed: Secretary, Securities and Silver Spring, Md. 20902. Vice President and Director. operating assets and all of the operating Exchange Commission, Washington, David L. Cain, 5802 Larpin Lane, Alexandria, assets of its subsidiary and liquidated the D.C. 20549. A copy of such request shall Va. 22310. Secretary and Director. subsidiary. Sinee that date, Washburn be served personally or by mail (airmail has been primarily engaged in investing, if the person being served is located The company will begin operations reinvesting, and trading in securities. At more than 500 miles from the point of with a capitalization of $300,000. It will present Washburn has 58 stockholders, mailing) upon Applicant at the address not concentrate its investments in any is a personal holding company for Fed stated above. Proof of such service (by particular industry. eral income tax purposes and is subject affidavit or in case of an attorney at law Matters involved in SBA’s considera to corporate and personal holding com by certificate) shall be filed contempo tion of the application include the gen pany Federal income taxes. Applicant raneously with the request. At any time eral business reputation and character asserts that Washburn is excepted from after said date, as provided by Rule 0-5 of the management and the probability the definition of an investment company of the rules and regulations promul of successful operation of the new com by reason of section 3(c) (1) of the Act. gated under the Act, an order disposing pany under their management, includ On March 20, 1970, Applicant and of the application herein may be issued ing adequate profitability and soundness, Washburn entered into an Agreement by the Commission upon the basis of the in accordance with the Act and and Plan of Reorganization (Agreement) information stated in said application regulations. whereby substantially all of the assets unless an order for hearing upon such Notice is further given that any inter of Washburn are to be transferred to application shall be issued upon request ested person may, not later than id Applicant in exchange for shares of Ap or upon the Commission’s own motion. days from the date of publication of this plicant’s common stock. Pursuant to the Persons who request a hearing or advice notice, submit to SBA, in writing, rele Agreement, the number of Applicant’s as to whether a hearing is ordered, will vant comments on the proposed com shares to be delivered to Washburn shall receive notice of further developments pany. Any communication should be be determined on the closing date, as in this matter, including the date of the addressed to: Associate Administra to FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970 NOTICES 12379 for Investment, Small Business Admin As a MESBIC, it is to be licensed solely The applicant’s agent for correspond istration, 1441 L Street NW., Washing for the purpose of providing assistance ence is Louis T. German, 18 Washington ton, D.C.20416. which will contribute to a well-balanced Place, Newark, N.J. 07102. A copy 6f this notice shall be pub national economy by facilitating the ac Rutger’s, the State University, will lished in a newspaper of general circu quisition or maintenance of ownership furnish the office facilities and will ren lation in the metropolitan Washington, of small business concerns by individuals der various services to the applicant D.C. area. whose participation in the free enter through the Graduate School of Business prise system is hampered because of Administration. A. H. Singer, social or economic disadvantages. The Matters involved in SBA’s considera Associate Administrator proposed MESBIC is to be located at 18 tion of the application include the gen for Investment. Washington Place, Newark, N.J. 07102, eral business reputation and character of J uly 22, 1970. and is to conduct its operations prin the owners and management and the {PÜ. Doc. 70-9957; Filed, July 31, 1970; cipally in the State of New Jersey. probability of successful operation of the 8:46 a.m.] All of the applicant’s stock is owned company under their management, in by International Telephone and Tele cluding adequate profitability and finan graph Corp., 320 Park Avenue, New cial soundness in accordance with the RUTGERS MINORITY INVESTMENT CO. York, N.Y. 10022, a publicly owned com Act and SBA Regulations. Notice of Application for a License as pany engaged in several fields including Any interested person may, not later the development and production of elec than 7 days from the date of publi a Minority Enterprise Small Business cation of this notice, submit to SBA, in Investment Company tronic and communications devices. The writing, relevant comments on the pro applicant’s officers and directors are as posed MESBIC. Any communication An application for a license to operate follows : as a minority enterprise small business should be addressed to: Associate Ad Horace J. DePodwin, 18 Washington Place, ministrator for Investment, Small Busi investment company (MESBIC) under Newark, N.J. 07102. Vice Chairman of ness Administration, 1441 L Street NW., the provisions of the Small Business In Board of Directors. Washington, D.C. 20416. vestment Act of 1958, as amended (Act) Louis T. German, 1509 Liberty Avenue, Hill (15 U.S.C. 661 et. seq.), has been filed side, N.J. 07205. Director and President. A similar notice has been published in by Rutgers Minority Investment Co. (the Lyman C. Hamilton, Jr., 61 Norwood Avenue, a newspaper of general circulation in applicant) with the Small Business Ad Upper Montclair, N.J. 07043. Director and Newark, 'N.J. ministration pursuant to § 107.102 of Treasurer. A. H. Singer, SBA Regulations governing small busi Charles G. Sherwood, 30 Alexander Avenue, Associate Administrator Nutley, N.J. 07110. Chairman of the Board ness investment companies (33 F.R. 326, of Directors. for Investment. 13 CFR 107). Katherine M. Sartor, 333 East 69th Street, J u ly 22, 1970. The applicant is to commence opera New York, N.Y. 10021. Director and [F.R. Doc. 70-9958; Filed, July 31, 1970; tions with a capitalization of $200,000. Secretary. 8:46 a.m.] FEDERAL REGISTER, VOL. 35, NO. 149— SATURDAY, AUGUST 1, 1970