FEDERAL REGISTER VOLUME 35 • NUMBER 124 Friday, June 26, 1970 • Washington, D.C
FEDERAL REGISTER VOLUME 35 • NUMBER 124 Friday, June 26, 1970 • Washington, D.C. Pages 10423-10481
Agencies in this issue— Agricultural Research Service Agriculture Department Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Coast Guard Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Fish and Wildlife Service Food and Drug Administration Food and Nutrition Service General Services Administration Interior Department Interstate Commerce Commission Labor Standards Bureau Land Management Bureau National Highway Safety Bureau Securities and Exchange Commission Small Business Administration State Department Detailed list of Contents appears inside. Just Released
CODE OF FEDERAL REGULATIONS
(Revised as of January 1, 1970)
Title 21—Food and Drugs (Parts 120-129)______I____$1.75 Title 38—Pensions, Bonuses, and Veterans’ Relief______3. 50 Title 47—Telecommunication (Part 80-End)______2.75
u Cumulative checklist of CFR issuances for 1910 appears in the first issue of the Federal Register each month under Title Jf]
Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402
/SV 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 FEDERAL{jPEGISTER Archives and Records Service, General Services Administration, Washington, D.O. 20408, Area Code 202 Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Oh. 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 of F ederal 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 of F ederal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code of Federal Regulations. Contents
AGRICULTURAL RESEARCH CUSTOMS BUREAU FOOD AND NUTRITION SERVICE Proposed Rule Making SERVICE Notices Security of cargo in unlading Rules and Regulations Licensed dealers under Labora areas; permit to unlade______10463 National school lunch program; tory Animal Welfare Act; list— 10467 apportionment of food assist FEDERAL AVIATION ance funds, fiscal year 1970___ 10430 AGRICULTURE DEPARTMENT ADMINISTRATION GENERAL SERVICES See also Agricultural Research Rules and Regulations Service; Consumer and Mar ADMINISTRATION keting Service; Pood and Nutri Standard instrument approach tion Service. procedures; miscellaneous Rules and Regulations amendments______10431 Standards of conduct; inconse Notices quential financial interests____ 10432 California; designation of areas FEDERAL COMMUNICATIONS for emergency loans______10469 HEALTH, EDUCATION, AND COMMISSION ATOMIC ENERGY COMMISSION WELFARE DEPARTMENT Rules and Regulations See Food and Drug Administra Proposed Rule Making Domestic public radio services tion. Certain types of light water, nu (other than maritime mobile) ; clear power reactors; considera miscellaneous amendments___ 10435 INTERIOR DEPARTMENT tion of possible statutory finding Proposed Rule Making of practical value ------10460 See also Fish and Wildlife Service; Radiographic equipment; inspec Educational television service; es Land Management Bureau. tion and m a i n t e n a n c e tablishment of new class for Rules and Regulations programs___ I ______10461 transmission of instructional and cultural material to mul Property rehabilitation services Notices tiple receiving locations______10462 and facilities; reclamation of Michigan State University; issu precious metals and critical m aterials ______10433 ance of amendment to facility FEDERAL MARITIME license ______10469 Property rehabilitation services COMMISSION and facilities and utilization and CIVIL AERONAUTICS BOARD disposal of real property; mis Notices cellaneous amendments______10433 Notices Agreements filed : Hearings, etc.: Alaska Steamship Co. and INTERSTATE COMMERCE Airlift International, Inc_____ 10469 Japan Line, Ltd-______10473 Hub Airlines, Inc______10472 Foss Alaska Line, Inc., and COMMISSION International Air Transport As Japan Line, Ltd______10473 Rules and Regulations sociation (3 documents)___ 10471, Prudential-Grace Lines, Inc., 10472 and Companhia de Navegacao Car service; Chicago and North Pacific Western Airlines, Ltd., Lloyd Brasileiro______10473 Western Railway Co. authorized and Air Canada______10472 United States Atlantic & Gulf- to operate over tracks of Bur Trans World Airlines, Inc., and Jamaica Conference______10474 lington Northern, Inc______10448 Sun Line Companies______10472 Tariff Rules Board; establish ment ------10448 CIVIL SERVICE COMMISSION FEDERAL POWER COMMISSION Notices Notices Notices Fourth section applications for Automotive mechanic, St. Louis, Texas Eastern Transmission relief------10476 Mo.; establishment of mini- Corp.; application______10474 Louisville and Nashville Railroad mum rates and rate ranges___ 10473 Co. and Birmingham Southern FISH AND WILDLIFE SERVICE Railroad Co.; rerouting or di COAST GUARD version of traffic______10476 Rules and Regulations Motor carrier transfer proceed Rules and Regulations Migratory birds; hunting seasons ings ------10476. Great Lakes pilotage; miscel for Puerto Rico and Virgin Is- Organization minutes______10477 laneous amendments______10434 lands, 1970-1971______10448 LABOR DEPARTMENT Notices Notices Kelso Marine, Inc.; qualification See Labor Standards Bureau. as U.S. citizen______10469 American Stern Trawlers, Inc.; hearing ______10466 LABOR STANDARDS BUREAU CONSUMER AND MARKETING SERVICE FOOD AND DRUG Proposed Rule Making Safety and health regulations for Rules and Regulations ADMINISTRATION longshoring ______10455 Corn-on-the-cob, frozen; stand Rules and Regulations ards for grades______10427 Oranges, Valencia, grown in Ari Fireworks devices; classification LAND MANAGEMENT BUREAU zona and California; handling as banned hazardous sub Notices lim itation____ 10430 stances; confirmation of effec tive date of order and revoca Alaska; proposed withdrawal and Proposed Rule Making tion of exemption; ruling on reservation of lands—-______10466 Milk handling in Nashville, Tenn., objection______10451 Montana; classification of lands marketing area; recommended Packaged nuts; standards of iden for multiple use management_ 10466 decision__ 10452 tity and fill of container______10449 (Continued on next page) 10425 10426 CONTENTS
NATIONAL HIGHWAY SECURITIES AND EXCHANGE TRANSPORTATION DEPARTMENT SAFETY BUREAU COMMISSION See Coast Guard; Federal Avia tion Administration; National Proposed Rule Making Notices Highway Safety Bureau. Airbrake systems on trailers; f Hearings, etc,: motor vehicle safety standard— 10456 Four Seasons Nursing Centers TREASURY DEPARTMENT Flammability of interior ma of America, Inc______10475 terials ______— — 10460 Michigan Wisconsin Pipe Line See Customs Bureau. C o ______10475 SMALL BUSINESS ADMINISTRATION Rules and Regulations Small business size standards; appeals; correction------10431 Notices Broad Arrow Investment Corp.; application for license as mi nority enterprise small business investment company !------10475 STATE DEPARTMENT Rules and Regulations Visas; documentation of immi grants; priority dates------10432
List oi CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1970, and specifies how they are affected.
7 CFR 21 CFR 46 CFR __ 10427 10449 401 ______10434 _10430 191 ______10451 (MR 10430 47 CFR 22 CFR _____ 10435 P roposed R ules: 21 ______10452 10432 P roposed R ules : 1098------__ _ 10462 10 CFR 29 CFR 74______10462 P roposed R ules: 81______- _10462 P roposed R ules: 1504______10455 87 __ 10462 rrh t ______10460 89 _10462 34 ______10461 _10462 41 CFR 91 93______10462 13 CFR 105 735______------10432 10433 121 ______10431 114-42"12 documents) ___ ------49 CFR 114 47______10433 1000 ______10448 14 CFR 1033 _10448 97 ______10431 1100 _10448 P roposed R ules: 19 CFR 571 (2 documents)------10456,10460 P roposed R ules: ______10463 50 CFR 19 ______10463 10______l ...... 10448 111______- _ 10463 10427 Rules and Regulations
As a result of the comments received § 52.932 Styles. Title 7— AGRICULTURE and other information now available, the following more important changes from (a) Trimmed. Ears trimmed at both Chapter I— Consumer and Marketing the proposed standards are incorporated ends to remove tip and stalk ends and/ Service (Standards, Inspections, in the revised standards: or cut to specific lengths. Marketing Practices), Department of 1. Nonparallel kernels, as defined, are (b) Natural. Ears trimmed at the stalk Agriculture now classed as a “minor” instead of a end only to remove all or most of the “major” development defect. stalk. PART 52— PROCESSED FRUITS AND 2. The definitions of crushed and § 52.933 Lengths. VEGETABLES, PROCESSED PROD broken kernels is expanded to include an (a) Regular. Ears which are predomi UCTS THEREOF, AND CERTAIN additional “severe” defect when the nantly over 3 V2 inches in length. OTHER PROCESSED FOOD PROD crushed and broken kernels occur in one (b) Short. Ears which are predomi UCTS area of the cob. nantly 3Vz inches or less in length. No action was taken on a suggestion Subpart— U.S. Standards for Grades to change the classification of “Dark § 52.934 Colors of frozen corn-on-the- of Frozen Corn-on-the-Cob 1 or Readily Noticeable Silk” to apply to cob. A notice of proposed rale making was the individual ear rather than to the (a) Golden (or yellow). published in the F ederal R egister of sample unit, since the effect would be to (b) White. greatly increase the allowance from that September 12, 1969 (34 F.R. 14334), re § 52.935 Grades. garding a revision of the U.S. Standards proposed. Such an allowance for dark for Grades of Frozen Corn-on-the-Cob or readily noticeable silk was deemed (a) “U.S. Grade A” (or U.S. Fancy) (7 CFR 52.931-52.946) and allowing in to be not in accord with good commercial frozen corn-on-the-cob is composed of terested persons until March 1, 1970, in packing practice or the interest of con ears with similar varietal characteristics which to submit written comments con sumers. and that have a good flavor and odor. cerning the proposal. The standards are as follows: The ears have a good color; are at least reasonably uniform in size; are at least In consideration of the additions and P roduct Description, Styles, Color, Grades changes suggested in the written com reasonably well developed; are prac Sec. tically free from defects; and are tender. ments which were received concerning 52.931 Product description. the proposal of September 12, 1969, a 52.932 Styles. The product scores not less than 90 second proposal to amend the standards 52.933 Lengths. points when rated in accordance with was published in the F ederal R egister 52.934 Colors of frozen com-on-the-cob. the scoring system outlined in this of April 24, 1970 (35 F.R. 6592). Inter 52.935 Grades. subpart. ested persons were allowed 45 days after Factors of Quality (b) “U.S. Grade B” (or U.S. Extra such publication in which to submit Standard) frozen com-on-the-cob is comments concerning this second pro 52.936 Ascertaining the grade of a sample composed of ears with similar varietal posal. unit. 52.937 Ascertaining the rating for the fac characteristics and that have at least a The revised standards, when eifective, tors which are scored. reasonably good flavor and odor. The will be the third issue by the Department 52.938 Color. ears have at least a reasonably good of grade standards for this product. 52.939 Uniformity of size. color; may lack uniformity of size and These grade standards are issued 52.940 Development. development; are at least reasonably free under the authority of the Agricultural 52.941 Defects. from defects; and are at least reasonably Marketing Act of 1946 (sec. 202-208, 60 52.942 Tenderness and maturity. tender. The product scores not less than Stat. 1087, as amended; 7 U.S.C. 1621- Explanations and Methods of Analysis 80 points when rated in accordance with 1627), which provides for the issuance of 52.943 Preparation for and evaluation of the scoring system outlined in this official U.S. grades to designate differ stages of kernel development. subpart. ent levels of quality for the voluntary 52.944 Cooking procedure and evaluation (c) “Substandard” is the quality of use of producers, buyers, and consumers. of cooked units. frozen com-on-the-cob that fails to Official grading services are also provid meet the requirements of U.S. Grade B. ed under this Act upon request and Lot Compliance upon payment of a fee to cover the cost 52.945 Ascertaining the grade Of a lot. F actors of Quality of such services. Score Sheet § 52.936 Ascertaining the grade of a Statement of consideration leading to 52.946 Score sheet for frozen corn-on-the- sample unit. the revised standards. Comments from cob. three sources concerning the proposal of (a) General. The grade of a sample April 24,1970 were received by the Hear Authority: The provisions of this subpart unit of frozen corn-on-the-cob is ascer ing Clerk: One from the Northwest Food issued under sec. 202-208, 60 Stat. 1087 as tained by considering: The flavor and amended; 7 U.S.C. 1621-1627. odor which are not scored;" the ratings Processors Association, one from the for the factors of color, uniformity of American Frozen Food Institute, and P roduct D escription, S tyles, Color, size, development, defects, and tender one from a large national chain food G rades store operator. ness, and maturity which are scored; the All respondents approved the propose« §52.931 Product description. total score; and the limiting rules which standards in general. Several mino: Frozen corn-on-the-cob is the product may be applicable. changes in wording or presentation wen which is prepared from sound, properly (b) Sample unit size. For purposes of suggested and most are included in thi matured, fresh, sweet corn ears by re rating the quality factors, a sample unit revised standards. shall consist of four (4) ears; or, if the moving husk and silk; by sorting, trim ears are “short” ears (trimmed to pre ming, and washing to assure a clean and dominantly 3V2 inches or less in length) ' Compliance with, the provisions of thei wholesome product. The ears are standards shall not excuse failure to comp] the sample unit shall be eight (8) such with the provisions of the Federal Foo< blanched, then frozen and stored at tem “short” ears. »rug. and Cosmetic Act or with applicab: peratures necessary for the preservation (c) Definitions of flavor and odor. (1) otate laws and regulations. of the product. “Good flavor and odor” means that the
FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10428 RULES AND REGULATIONS product has a good, characteristic, nor § 52.938 Color. § 52.940 Development. mal flavor and odor and is free from (a) General. The factor of color is (a) General. (1) Development refers objectionable flavors and objectionable evaluated immediately after the product to the extent that the ears are filled with odors of any kind. has been water-thawed to the extent that corn kernels and the pattern arrange (2) “Reasonably good flavor andthe outer surfaces are substantially free ment, as applicable, of such kernels on odor” means that the product may be from ice crystals. the cob. lacking in good flavor and odor but is (b) Definition of “off-variety” ker (2) Classification of “development de free from objectionable flavors and ob nels. “Off-variety” kernels are those fects”, if applicable, are made on each jectionable odors of any kind. which are not blemished but which vary ear, regardless of length. (d) Factors rated by score points. Themarkedly from the predominant color (3) Evlauation of this factor as to relative importance of each f actor which and are not characteristic of the variety. grade is made on the basis of a sample is scored is expressed numerically on the (c) (A) Classification. Frozen corn- unit. scale of 100. The maximum number of on-the-cob that has a good color may be (b) Conditions of evaluation. (1) The points that may be given such factors given a score of 18 to 20 points. “Good classification of “development defects” are: color” means that the corn has a typical, is done after the product has been bright color and complies with the re thawed to the extent that the outer sur Factors: Points quirements for U.S. Grade A in table I. faces are substantially free from ice Color ______20 (d) (B) Classification. Frozen corn- crystals. Uniformity of size------10 (2) For natural style, “development Development ______10 on-the-cob that has a reasonably good Defects ______30 color may be given a score of 16 or 17 defects” over the outermost one (1) inch Tenderness and maturity------30 points. Frozen corn-on-the-cob that falls of the tip end of the ear are not scored. into this classification shall not be graded (c) (A) Classification. Frozen corn- Total score______100 above U.S. Grade B, regardless of the on-the-cob that is well developed may be total score (limiting rule). “Reasonably given a score of 9 or 10 points. “Well § 52.937 Ascertaining the rating for the good color” means a color that may be developed” means that the ears in the factors which are scored. slightly dull but is not of abnormal color. sample unit are well filled with kernels The essential variations within each Such color also complies with the re and the appearance of none of the ears factor which is scored are so described quirements for U.S. Grade B in table I. in the sample unit is materially affected that the value may be ascertained for (e) (SStd) Classification. Frozen corn- by missing, or underdeveloped kernels. In on-the-cob that fails to meet the re addition, any “development defects” each factor and expressed numerically. quirements of paragraph (d) of this present (as defined and classified in this The numerical range within each factor section may be given a score of 0 to 15 section) do not exceed the allowances in which is scored is inclusive. (For ex points and shall not be graded above table HI. ample, “27 to 30 points” means 27, 28, Substandard, regardless of the total (d) (B) Classification. Frozen corn- 29, or 30 points.) score for the product (limiting rule). on-the-cob that is reasonably well de veloped may be given a score of 8 points. T a b l e I “Reasonably well developed” means that REQUIREMENTS FOR UNIFORMI TY OF COLOR AND OFF-VARIETY KERNELS the ears in the sample unit are reason ably well filled with kernels and the ap Uniformity of color Off-variety kernels pearance of none of the ears in the sample unit is seriously affected by miss Each ear In the sample All ears in the sample Each ear in All ears in the unit unit the sample sample unit ing, or underdeveloped kernels. In addi unit tion, any “development defects” present (as defined and classified in this sec Maximum number tion) do not exceed the allowances in U.S. Grade A...... Practically uniform... Reasonably uniform. . 3 kernels...... 6 kernels. table III. (e) (SStd) Classification. Frozen corn- U.S. Grade B ...... Reasonably uniform.. Fairly uniform...... 15 kernels... .. 30 kernels. on-the-cob that fails to meet the re quirements of paragraph (d) of this sec § 52.939 Uniformity o f size. (c) (B) Classification. Frozen corn- tion may be given a score of 0 to 7 points on-the-cob that is only reasonably uni and shall not be graded above Grade B, (a) General. The rating for uniform form in size may be given a score of 8 regardless of the total score for the prod ity of size is based on the variations in uct (partial limiting rule). length and diameter of the ears. The points. “Reasonably uniform in size” diameter is the largest diameter meas means that the variations in the diameter (f) Definitions and classification of and/or length of the ears do not exceed “development defects”. ured at right angles to the longitudinal the variations allowed for U.S. Grade B, axis. for the applicable style, in table II. Type of development defect Classification (b) (A) Classification. Frozen corn- (applicable to each ear, regardless —------— on-the-cob that is practically uniform (d) (SStd) Classification. Frozen corn- of length) Minor Major in size may be given a score of 9 or 10 on-the-cob that exceeds the varitions points. “Practically uniform in size” allowed for U.S. Grade B, for "the ap Twisted ear: An ear twisted—more than the width means that the variations in the plicable style, in table II may be given a of 4 rows of kernels or more than % diameter and/or length of the ears do of the circumference—from one end not exceed the variations allowed" for score of 0 to 7 points and shall not be to the other...... X graded above Grade B, regardless of the Nonparallel kernels:. U.S. Grade A, for the applicable style, (Not applicable to varieties which in table II. total score (partial limiting rule). characteristically have staggered rows.) T a b l e II An ear having an area comprised of three (3) or more adjacent non VARIATION LIMITS FOR DIAMETER AND LENGTH parallel rows extending more than two (2) inches, lengthwise, of the ear______— ...... X Trimmed style Natural style Separation of rows exceeding Y the length of the eac Regular length ears Short length ears One space showing cob more than XA, but not more than Y, the width Diameter Length Diameter Length Diameter Length of an average size kernel______X Two or more such spaces showing cob more than K, but not more than Y, Maximum variation in the sample unit the width-of an average size kernel. X A space or spaces showing cob more U.S. Grade A...... J^inch...... % inch...... Y inch...... Y inch...... Y inch...... 1M inches; than Y the width of an average size U.S. Grade B ...... % inch...... , 1 inch...... % inch...... Y inch...... _ *A inch...... 2 inches. kernel...... --...... X
FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 RULES AND REGULATIONS 10429
T a b l e III (e) (SStd) Classification. Frozen com- § 52.942 Tenderness and maturity. DEVELOPMENT d e f e c t s f o r e a c h g r a d e on-the-cob that fails to meet the re (a) General. The tenderness and ma quirements of paragraph (d) of this sec turity of the frozen corn-on-the-cob is Total of Minor Total of Limit determined by: Grade only (applicable Minor for tion may be given a score of 0 to 23 points classification only when there and Major and shall not be graded above Substand (1) Checking for presence of a blister- are no major) Major stage of kernel development on water- ard, regardless of the total score for the thawed ears; Maximum in the sample unit product (limiting rule). (2) Checking the stages of kernel de U.S. Grade A .. 3 2 1 (f) Definitions and classifications ofvelopment in accordance with the method U.S. Grade B .. 8 4 2 defects. in § 52.943; and (3) Checking the tenderness of the § 52.941 Defects. Classifica- pericarp and affirming the maturity of (a) General. (1) This factor refers to tion the kernels after cooking in accordance the degree of freedom from such defects with the method in § 52.944. Types of defects and definitions FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10430 RULES AND REGULATIONS (b) At least three (3) complete adja S core Sheet With Total State held cent rows of kernels from each ear (or 52.946 Score sheet for frozen corn-on- State apportion agency for the-cob. ment private an equivalent number of kernels if the schools kernels are not in rows) are removed by Size and kind of container...... cutting the kernels off, near but above Container marks or identification. Iowa...... -...... 259,802 211,427 48,375 their attachment to the cob. Label...... Kansas...... 199,858 199,858 . Net weight (ounces)...... Kentucky...... 1,619,214 1,619,214 (c) The cut kernels from all the ears in Style (trimmed or natural) Louisiana______. 1,762,845 1,762,845 Length of ears (inches)----- Maine...... 211,218 178,406 32,812 a sample unit are well mixed and an Color (yellow or white)---- Maryland...... 252,631 225,455 27,176 adequate representative sub-sample is Massachusetts...... 689,681 689,681 Michigan.------386,950 327,656 59,294 removed. Factors Score points Minnesota-...... 328,249 271,037 57,212 Mississippi-...... _. 1,803,176 1,803,176 (d) Sufficient kernels from the sub Missouri______624,993 624,993 (A) 18-20 Montana...... 107,953 89,984 17,969 sample are squeezed to properly evaluate Color------20 (B) 10-17 Nebraska______234,089 187,603 46,486 the degree of maturity in accordance with [(SStd) »0-15 Nevada...... 25,005 24,773 232 [(A) 0-10 New Hampshire— 48,705 48,705 Uniformity of size...... 10 (B) 8 453,142 370,961 82,181 the definitions in § 52.942. -0-7 New Jersey...... [(SStd) New Mexico______630,712 630,712 § 52.944 Cooking procedure and evalu [(A) 0-10 New York______.. 6,270,297 6,270,297 Development...... 10 ((B) 8 North Carolina____ . . 2,961,222 2,961,222 ation o f cooked units. [(SStd) -0-7 North Dakota------111,660 81,323 30,337 ((A) 27-30 974,383 826,527 147,856 ‘ 24-26 Ohio...... (a) An adequate representative num Defects------. 30 ((B) Oklahoma...... 550,036 550,036 [(SStd) ‘ 0-23 117,670 117,670 27-30 Oregon...... - ber of ears in the sample unit are eval ((A) Pennsylvania_____ 731,682 463,581 268,101 Tenderness and maturity— . 30 ((B) ‘ 24-62 1,312,484 uated after cooking to ascertain: ‘ 0-23 Puerto Rico...... 1,312,484 [(SStd) Rhode Island_____ 93,018 93,018 (1) The degree of maturity of kernel Total score...... 100 South Carolina...... 2,913,221 2,905,466 7,755 South Dakota_____ 131,089 131,089 contents; Tennessee_____... _. 1,659,572 1,641,241 18,331 (2) Tenderness of the pericarp; and Flavor and odor...... ; Texas______.. ____ . . 2,000,927 1,941,798 59,129 (A) Good; (B) Reasonably good; (SStd) Objection Utah______295,318 295,318 (3) The flavor and odor. able. 65,679 65,679 (b) This cooking procedure is not in Grade.-- Virginia______,--- _. l, 426,995 1,415,206 11,789 W ashington....----- 231,486 217,898 13,588 tended as a recipe, but for the purposes 1 Indicates limiting rule. 731,210 10,380 2 indicates partial limiting rule. West Virginia____ 741,590 of this subpart, frozen corn-on-the-cob Wisconsin____ _ 269,475 186,233 83,242 Wyoming______34,843 34,843 is cooked (and the evaluation thereof) Effective date. The amended standards 27,278 27,278 shall become effective 30 days after pub Samoa, American.. is as follows: .. Total______.. 44,800,000 43,646,623 1,153,377 (1) Place the sample units into rapidly lication in the F ederal R egister. boiling water with sufficient water to Dated: June 19,1970. (Secs. 2-12, 60 Stat. 230-233, as amended, completely cover the ears; G. R. G range, 76 Stat. 946; 42 U.S.C. 1751-1760) (2) Return the water to a rapid boil; Deputy Administator, Dated: June 22,1970. Marketing Services. (3) Maintain a rolling boil for ex H oward P. Davis, actly five (5) minutes; [F.R. Doc. 70-8053; Filed, June 25, 1970; Acting Administrator. 8:45 a.m.j (4) Remove the ears immediately, and [F.R. Doc. 70-8085; Filed, June 25, 1970; allow to cool sufficiently to evaluate fac 8:45 a.m.j tors of maturity, tenderness of pericarp, Chapter II— Food and Nutrition Service, Department of Agriculture and flavor and odor by eating the corn Chapter IX— Consumer and Market directly from the cob. PART 210— NATIONAL SCHOOL ing Service (Marketing Agreements Lot Compliance LUNCH PROGRAM and Orders; Fruits, Vegetables, § 52.945 Ascertaining the grade of a lot. Appendix— Second Apportionment of Nuts), Department of Agriculture [Valencia Orange Reg. 319] The grade of a lot of frozen corn-on- Food Assistance Funds Pursuant to the-cob covered by these standards is de National School Lunch Act, Fiscal PART 908— VALENCIA ORANGES termined by the procedures set forth in Year 1970 GROWN IN ARIZONA AND DES the regulations governing inspection and Pursuant to section 11 of the Na IGNATED PART OF CALIFORNIA certification of processed fruits and vege tional School Lunch Act, as amended, Limitation of Handling tables, processed products thereof, and food assistance funds available for the fiscal year ending June 30, 1970, are re §908.619 Valencia Orange Regulation certain other processed food products apportioned among the States as follows: 319. (§§ 52.1—52.87), except that these provi (a) Findings. (1) Pursuant to the sions apply wherever applicable:. With- Total State held marketing agreement, as amended, and (a) Container size. In considering the State apportion- agency for Order No. 908, as amended (7 CFR Part ment private size of a container for purposes of select ¿schools 908), regulating the handling of Valencia ing samples from a lot, an ear shall be oranges grown in Arizona and designated part of California, effective under the ap considered to weigh 8 ounces except that Alabama...... $2,060,866 $2,043,888 $16,978 Alaska...... -...... 143,083 143,083 . plicable provisions of the Agricultural ears which are trimmed to approximately 553,125 553,125 . Marketing Agreement Act of 1937, as 31/2 inches or less in length shall be con Arkansas...... 1,661,006 1,641,181 19,825 California...... 1,232,134 1,232,134 . amended (7 U'.S.C. 601—674) , and upon sidered to weigh 4 ounces each. Colorado...... 263,452 228,136 35,316 the basis of the recommendations and in Connecticut...... 129,612 129,612 . formation submitted by the Valencia (b) Dozen. In calculating the number Delaware...... --- 45,325 45,297 28 of dozens of ears, ears which are trimmed District of Columbia. 281,173 281,173 . Orange Administrative Committee, es Florida...... 2,551,184 2,532,726 18,458 tablished under the said amended mar to approximately 3 Y2 inches or less in 2,345,755 2,345,755 . Guam...... - 4,238 4,238 . keting agreement and order, and upon length shall be considered as 24 of such -Hawaii...... - 139,824 103,379 36,445 4,082 other available information, it is hereby ears being the equivalent of one dozen Idaho...... 56,441 52,359 Illinois...... - 531,641 531,641 . found that the limitation of handling of ears. Indiana...... 242,993 242,993 - FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 RULES AND REGULATIONS 10431 such Valencia oranges, as hereinafter SIAPs are available for examination provided, will tend to effectuate the de Title 13— BUSINESS CREDIT at the Rules Docket and at the National clared policy of the act. Flight Data Center, Federal Aviation (2) It is hereby further found that it AND ASSISTANCE Administration, 800 Independence Ave is impracticable and contrary to the pub nue SW., Washington, D.C. 20590. Copies lic interest to give preliminary notice, Chapter I— Small Business of SIAPs adopted in a particular region engage in public rulé-making procedure, Administration are also available for examination at the and postpone the effective date of this headquarters of that region. Individual section until 30 days after publication [Rev. 9, Amdt. 4] copies of SIAPs may be purchased from hereof in the F ederal R egister (5 U.S.C. PART 121— SMALL BUSINESS SIZE the FAA Public Document Inspection 553) because the time intervening be STANDARDS Facility, HQ-405, 800 Independence Ave tween the date when information upon nue SW., Washington, D.C. 20590, or which this section is based became avail Appeals; Correction from the applicable FAA regional office able and the time when this section must In F.R. Doc. 70-6190 appearing in the in accordance with the fee schedule pre become effective in order to effectuate scribed in 49 CFR 7.85. This fee is pay the declared policy of the act is insuffi F ederal R egister of May 20, 1970, on page 7726, the words “or disposals” were able in advance and may be paid by cient, and a reasonable time is permitted, check, draft or postal money order pay under the circumstances, for preparation inadvertently omitted immediately fol lowing the word “procurements” in the able to the Treasurer of the United for such effective time; and good cause States. A weekly transmittal of all SIAP exists for making the provisions hereof eighth line of the first sentence of re vised § 121.3-6 (b) (3) (i). changes and additions may be obtained effective as biereinafter set forth. The by subscription at an annual rate of committee held an open meeting during As corrected the first sentence of $125.00 per annum from the Superin the current week, after giving due notice § 121.3-6(b) (3) reads as follows: tendent of Documents, U.S. Government thereof, to consider supply and market §121.3—6 Appeals. Printing Office, Washington, D.C. 20402. conditions for Valencia oranges and the * * * * * Since a situation exists that requires need for regulation; interested persons immediate adoption of this amendment, were afforded an opportunity to submit (b) Method of appeal. * * * (3) Time for appeal, (i) An appealI find that further notice and public pro information and views at this meeting; from a size determination or product cedure hereon is impracticable and good the recommendation and supporting in classification by an Area Administrator cause exists for making it effective in formation for regulation during the pe or his delegatee or by the Associate Ad less than 30 days. riod specified herein were promptly sub ministrator for Financial Assistance, may In consideration of the foregoing, Part be taken at any time, except that, because 97 of the Federal Aviation Regulations mitted to the Department after such is amended as follows, effective on the meeting was held; the provisions of this of the urgency of pending procurements or disposals, appeals concerning the small dates specified: section, including its effective time, are business status of a bidder or offeror in Section 97.11 is amended by establish identical with the aforesaid recommen a pending procurement may be taken ing, revising or canceling the following dation of the committee, and information within five (5) days, exclusive of Satur L/MF-ADF (NDB) -VOR SIAPs, effective concerning such provisions and effective days, Sundays, and legal holidays, after July 23, 1970. time has been disseminated among han receipt of a decision by an Area Admin Detroit, Mich.—Willow Run Airport; NDB dlers of such Valencia oranges; it is nec istrator or his delegatee. * * * (ADP) Runway 5R/L, Amdt. 21; Canceled. essary, in order to effectuate the declared * * * * * Section 97.13 is amended by establish policy of the act, to make this section Dated: June l8 ,1970. ing, revising or canceling the following effective during the period herein spec H ilary Sandoval, Jr., Ter VOR SIAPs, effective July 23, 1970. ified; and compliance with this section Administrator. Detroit, Mich.—Willow Run Airport; Ter VOR-5R, Amdt. 4; Canceled. will not require any special preparation [F.R. Doc. 70-8081; Piled, June 25, 1970; Detroit, Mich.—Willow Run Airport; Ter on the part of persons subject hereto 8:45 a.m.] VOR-23L, Amdt. 5; Canceled. which cannot be completed on or before Detroit, Mich.—Willow Run Airport; Ter the effective date hereof. Such committee VOR-27L, Amdt. 4; Canceled. meeting was held on June 23,1970. Title 14— AERONAUTICS AND Section 97.17 is amended by establish (b) Order. (1) The respective quan ing, revising, or canceling the following tities of Valencia oranges grown in Ari SPACE ILS SIAPs, effective July 23, 1970. zona and designated part of California Detroit, Mich.—Willow Run Airport; ILS Chapter I— Federal Aviation Adminis Runway 5R/L, Amdt. 20; Canceled. which may be handled during the period tration, Department of Transportation Detroit, Mich.—Willow Run Airport; ILS-23 June 26, 1970, through July 2, 1970, are R and L (BC), Amdt. 8; Canceled. [Docket No. 10394; Amdt. 708] hereby fixed as follows: Section 97.23 is amended by establish (1) District 1 : 202,000 cartons; PART 97— STANDARD INSTRUMENT ing, revising, or canceling the following (ii) District 2: 248,000 cartons; APPROACH PROCEDURES VOR-VOR/DME SIAPs, effective July 23, 1970. (iii) District 3; 73,703 cartons. Miscellaneous Amendments (2) As used in this section, “handler”, Alabaster, Ala.—Shelby County Airport; This amendment to Part 97 of the VOR-1, Amdt. 1; Revised. “District 1”, “District 2”, “District 3”, Federal Aviation Regulations incorpo Albion, N.J.—Albion Airport; VOR Runway and “carton” have the same meaning as rates by reference therein changes and 4, Amdt. 1; Revised. when used in said amended marketing Auburn, Ind.—Auburn-DeKalb Airport; additions to the Standard Instrument VOR-1, Amdt. 2; Revised. agreement and order. Approach Procedures (SIAPs) that were Auburn, Ind -Auburn-DeKalb Airport; VOR (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. recently adopted by the Administrator to Runway 9, Orig.; Established. 601-674) ' ' promote safety at the airports concerned. Detroit, Mich.—Willow Run Airport; VOR The complete SIAPs for the changes Runway 5R, Orig.; Established. Dated: June 24,1970. and additions covered by this amend Detroit, Mich.—Willow Run Airport; VOR Runway 23L, Orig.; Established. aul icholson ment are described in FAA Forms 3139, P A. N , Port Lauderdale, Fla.—Port Lauderdale- Deputy Director, Fruit and Veg 8260-3,8260-4, or 8260-5 and made a part Hollywood International Airport; VOR etable Division, Consumer and of the public rulemaking dockets of the Runway 9L, Amdt. 11; Revised. Marketing Service. FAA in accordance with the procedures Hammonton, N.J.—Hammonton Municipal [p R. Doc. 70-8153; Piled, June 24, 1970; set forth in amendment No. 97-696 (35 Airport; VOR-1, Amdt. 1; Revised. 11:45 a.m.] Kansas City, Kans.—Fairfax Municipal Air F.R. 5610). port; VOR-1, Orig.; Established. No. 124 FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10432 RULES AND REGULATIONS Kansas City, Kans—Fairfax Municipal Air Morristown, N.J.—Morristown Municipal port; VOR Runway 17, Arndt. 5; Revised. Airport; NDB (ADF) Runway 5, Amdt. 5; Title 22— FOREIGN RELATIONS Kansas City, Mo.—Municipal Airport; VOR- Revised. 1, Arndt. 4; Revised. Spokane, Wash.—Spokane International Air Chapter I— Department of State Kansas City, Mo.—Municipal Airport; VOR port; NDB (ADF) Runway 21, Amdt. 9; Runway 3, Arndt. 5; Revised. Revised. [Departmental Reg. 108.622] Kansas City, Mo.—Municipal Airport; VOR Runway 18, Amdt. 9; Revised. Section 97.29 is amended by establish PART 42— VISAS; DOCUMENTATION Kansas City, Mo.—Municipal Airport; VOR ing, revising, or canceling the following OF IMMIGRANTS UNDER THE IM Runway 21, Amdt. 4; Revised. ILS SIAPs, effective July 23, 1970. MIGRATION AND NATIONALITY Kearney, Nebr.—Kearney Municipal Airport; Detroit, Mich.—Willow Run Airport; 1RS- ACT, AS AMENDED VOR Runway 36, Orig.; Established. Runway 5R, Orig.; Established. Los Angeles, Calif.—Los Angeles Interna Kansas City, Kans.—Fairfax Municipal Air Priority Dates tional Airport; VOR Runway 7L/R, Amdt. port; ILS-1, Amdt. 9; Revised. 4; Revised. Kansas City, Mo.—Municipal Airport; ILS Part 42, Chapter I, Title 22 of the Los Angeles, Calif.—Los Angeles Interna Runway 18, Amdt. 10; Revised. Code of Federal Regulations is being tional Airport; VOR Runway 25L/R, Amdt. Los Angeles, Calif.—Los Angeles Interna 5; Revised. amended to further clarify the intent of Manitowoc, Wis.—Manitowoc Municipal Air tional Airport; ILS Runway 7L, Amdt. 2; 142.62(a). port; VOR Runway 17, Amdt. 5; Revised. Revised. Paragraph (a) of § 42.62 is amended Manitowoc, Wis.—Manitowoc Municipal Air Los Angeles, Calif.—Los Angeles Interna to read as follows: port; VOR Runway 17, Amdt. 3; Revised. tional Airport; Parallel ILS Runway 7L, Mankato, Minn.—Mankato Municipal Air Orig.; Established. § 42.62 Priority date of individual port; VOR Runway 33, Orig.; Established. Los Angeles, Calif.—Los Angeles Interna ( applicants. tional Airport; ILS Runway 24L, Amdt. 5; Selinsgrove, Pa.—Penn Valley Airport; VOR- (a) The priority date of a preference 1; Amdt. 1; Revised. Revised. Spokane, Wash.—Spokane International Air Los Angeles, Calif.—Los Angeles Internation visa applicant shall be the filing date port; VOR Runway 3, Amdt. 7; Revised. al Airport; ILS Runway 24R, Amdt. 1; of the approved petition which accorded Sussex, N.J.—Sussex Airport; VOR-1, Amdt. Revised. him that preference. 2; Revised. Los Angeles, Calif.—Los Angeles Internation al Airport; Parallel ILS Runway 24R, Amdt. * * * * # Section 97.23 is amended by establish 2; Revised. Effective date. These amendments ing, revising, or canceling the following Los Angeles, Calif.—Los Angeles Internation shall become effective upon publication VORr-VOR/DME SIAPs, effective July 2, al Airport; Parallel ILS Runway 24L/R, in the F ederal R egister. Amdt. 3; Revised. 1970. Los Angeles, Calif.—Los Angeles Internation The provisions of the Administrative Decatur, 111.—Decatur Airport; VOR Runway al Airport; ILS Runway 25L, Amdt. 36; Procedure Act (80 Stat. 383; 5 U.S.C. 36, Amdt. 7; Revised. Revised. 553) relative to notice-of proposed rule Section 97.25 is amended by establish Los Angeles, Calif.—Los Angeles Internation making are inapplicable to this order al Airport; Parallel ILS Runway 25L, Amdt. because the regulation contained herein ing, revising, or canceling the following 1; Revised. involves foreign affairs functions of the LOC-LDA SIAPs, effective July 23, 1970. Los Angeles, Calif.—Los Angeles Internation al Airport; ILS Runway 25R, Amdt. 13; United States. Detroit, Mich.—Willow Run Airport; LOC Revised. (Sec. 104, 66 Stat. 174; 8 U.S.C. 1104) (BC) Runway 23L, Orig.; Established. Los Angeles, Calif.—Los Angeles Internation Los Angeles, Calif.—Los Angeles Interna al Airport; Parallel ILS Runway 25L/R, B arbara M. Watson, tional Airport; LOC (BC) Runway 6L, -Amdt. 2; Revised. Administrator, Bureau Amdt. 3; Revised. Spokane, Wash.—Spokane International Air of Security and Consular Affairs. Los Angeles, Calif.—Los Angeles Interna port; ILS Runway 21, Amdt. 12; Revised. tional Airport; Parallel LOC (BC) Runway J une 8,1970. 6L, Orig.; Established. Section 97.29 is amended by establish [F.R. Doc. 70-8100; Filed, June 25, 1970; Los Angeles, Calif.—Los Angeles Interna ing, revising, or canceling the following tional Airport LOC (BC) Runway 6R, 8:47 a.m.] Amdt. 3; Revised. ILS SIAPs, effective July 2,1970. Los Angeles, Calif.—Los Angeles Interna Decatur, HI.—Decatur Airport; ILS Runway tional Airport; LOC (BC) Runway 7R, 6, Orig.; Established. Amdt. 4; Revised. Title 41— PUBLIC CONTRACTS Spokane, Wash.—Spokane International Air Section 97.31 is amended by establish port; LOC (BC) Runway 3, Amdt. 5; ing, revising, or canceling the following Revised. Radar SIAPs, effective July 23, 1970. AND PROPERTY MANAGEMENT Section 97.27 is amended by establish Detroit, Mich.—Willow Run Airport; Radar- 1, Amdt. 1; Revised. Chapter 105— General Services ing, revising or canceling the following Los Angeles, Calif.—Los Angeles International Administration NDB/ADF SIAPs, effective July 23, 1970. Airport; Radar—1, Amdt. 26; Revised. Broken Bow, Nebr.—Broken Bow Municipal Spokane, Wash.—Spokane International Air PART 105-735— STANDARDS OF Airport; NDB (ADF) Runway 14, Orig.; port; Radar-1, Amdt. 6; Revised. CONDUCT, Established. (Secs. 307, 313, 601, 1110, Federal Aviation Inconsequential Financial Interests Defiance, Ohio—Defiance Memorial Airport; Act Of 1958, 49 U.S.C. 1438, 1354, 1421, 1510; NDB (ADF) Runway 12, Amdt. 2; Revised. sec. 6(c) Department of Transportation Act, Part 105-735, Standards of Conduct, Detroit, Mich.—Willow Run Airport; NDB 49 U.S.C. 1655(c), 5 U.S.C. 552(a) (1).) (ADF) Runway 5R, Orig.; Established. is amended to provide that certain em Kaiser, Mo.—Lee C. Fine Memorial Airport; Issued in Washington, D.C., on June 17, ployee financial interests are exempt NDB (ADF) Runway 21, Orig.; Estab 1970. from 18 U.S.C. 208 because they are de lished. W. E. R ogers, termined to be too remote or too incon Kansas City, Kans.—Fairfax Municipal Air Acting Director, sequential to affect integrity. port; NDB (ADF)-l, Amdt. 6; Revised. Kansas City, Mo.—Municipal Airport; NDB Flight Standards Service, Subpart 105—735.2— Standards of (ADF) Runway 18, Amdt. 8; Revised. Noxe: Incorporation by reference pro Conduct for Employees Los Angeles, Calif.—Los Angeles Interna visions in §§ 97.10 and 97.20 (35 F.R. tional Airport; NDB (ADF) Runway 24 5610) approved by the Director of the Section 105-735.204 is amended by L/R, Amdt. 4; Revised. Federal Register on May 12,1969. amending paragraph (a)(1) and adding Los Angeles, Calif.—Los Angeles Interna a new paragraph (d) to reflect exempted tional Airport; NDB (ADF) Runway 25 [F.R. Doc. 70-8045; Filed, June 25, 1970; L/R, Amdt. 32; Revised. * 8:45 a.m".] financial interests, as follows: FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 RULES AND REGULATIONS 10433 § 105—735.204 Financial interests. Effective date. This regulation is ef § 114—42.302—2 Reporting to GSA. (a) An employee shall not: fective upon publication in the F ederal The semiannual report prescribed in (1) Subject to the exemptions con R egister. FPMR 101-42.302-2 should be prepared tained in paragraph (d) of this section, Dated: June 22,1970. in the format illustrated in § 101-42.4902 have a direct or indirect financial in of this title, consolidated for the bureau, terest that conflicts substantially, or ap J ohn W. Chapman, Jr., and submitted, in duplicate, to the Di pears to conflict substantially, with his Acting Administrator rector of Management Operations by the GSA duties and responsibilities; or of General Services. 25th of January and July of each year. * * * * * [F.R. Doc. 70-8181; Filed, June 25, 1970; (a) The report is to be submitted if 8:49 a.m.] (d) The following financial interests used photographic fixing solution and are exempted from 18 U.S.C. 208, pur scrap film are generated, whether or not suant to 18 U.S.C. 208(b)(2), because a silver recovery program is installed. Chapter 114— Department of the (b) The report is not required if your they are deemed too remote or too in Interior consequential to affect the integrity of bureau or office does not generate a hypo the employee’s services: PART 114-42— PROPERTY REHABIL solution or scrap film. In such cases, a (1) Financial interests in an enter ITATION SERVICES AND FACILITIES memorandum one-time report to that prise, in the form of shares in the owner effect will suffice. ship thereof, including preferred and Reclamation of Precious Metals and § 114—42.302—4 Agencies’ responsibility. Critical Materials common stocks, whether voting or non FPMR 101-42.302-4 contemplates that voting, and warrants to purchase such Pursuant to the authority of the Sec consideration be given to installing a shares; retary of the Interior contained in 5 silver recovery unit regardless of the (2) Financial interests in an enter U.S.C. 301 (Supp. Ill, 1965-1967) and quantity of hypo solution generated at prise in the form of bonds, notes, or other section 205(c), 63 Stat. 390; 40 U.S.C. a given location. Where, after such con evidences of indebtedness; and 486(c), new Subpart 114-42.3 is added sideration, it is determined locally, or as (3) Investments in State or local gov to Chapter 114, Title 41 of the Code of may be otherwise directed by the head of ernment bonds and investments in shares Federal Regulations as set forth below. the bureau or office, that (a) installation of a widely held diversified mutual fund This new subpart shall become effec of a local recovery unit is not econom or regulated investment company: tive on the date of publication in the ically feasible, and (b) processing by an Provided, That the total market value F ederal R egister. other agency in the area is impracticable, of the financial interest with respect to the advice of the appropriate GSA re any individual enterprise under subpara Lawrence H. D unn, gional office should be sought as to pos graphs (1) and (2) of this paragraph Assistant Secretary sible alternative recovery procedures. does not exceed $5,000 and the holdings for Administration. J une 19,1970. (F.R. Doc. 70-8088; Filed, June 25, 1970; in any class of shares, bonds, or other 8:46 a.m.] evidences of indebtedness of the enter Subpart 114—42.3— Reclamation of Precious prise do not exceed 1 percent of the Metals and Critical Materials dollar value of the outstanding shares, Sec. PART 114-42— PROPERTY REHABILI bonds, or other evidences of indebted 114-42.302 Recovery of silver from used TATION SERVICES AND FACILITIES ness in said class. photographic fixing solution and scrap film. PART 114-47— UTILIZATION AND Subpart 105—735.4— Statements of 114-42.302-1 Agency surveys. DISPOSAL OF REAL PROPERTY Employment and Financial Interests 114-42.302-2 Reporting to GSA. 114-42.302-4 Agencies’responsibility. Miscellaneous Amendments Section 105-735.407 is revised to ex Authority: The provisions of this Sub Pursuant to the authority of the Secre clude information exempted under § 105- part 114-42.3 issued under 5 U.S.C. 301 735.204(d), as follows: (Supp. Ill, 1965-1967) and sec. 205(c), 63 tary of the Interior, contained in 5 U.S.C. Stat. 390; 40 U.S.C. 486(c). 301, the following amendments are made § 105—735.407 Information prohibited. to previously published regulations in (a) An employee is not required to Subpart 114—42.3— Reclamation of Chapter 114 of Title 41 of the Code of submit on a statement of employment Precious Metals and Critical Materials Federal Regulations. and financial interests or supplementary These amendments are effective upon § 114—42.302 Recovery of silver from statement any information relating to publication in the F ederal R egister. the employee’s: used photographic fixing solution and scrap film. Lawrence H. Dunn, (1) Connection with, or interest in, Assistant Secretary a professional society or a charitable, re The head of each bureau and office which generates used photographic fix for Administration. ligious, social, fraternal, recreational, J une 19,1970. public service, civic, or political orga ing solution and scrap film shall be re nization or a similar organization not sponsible for establishing and pursuing I. The following amends 41 CFR conducted as a business enterprise. For a program for recovering silver from 114-42 as previously published at 34 F.R. this purpose, educational and other in these articles in accordance with the pfo- 1020: stitutions doing research and develop visions of FPMR 101-42.3. ment or related work involving grants Subpart 114-42.2— Property Rehabili of money from or contracts with the §114—42.302—1 Agency surveys. tation Services Performed by Fed Government are deemed “business enter Bureaus and offices shall conduct an eral Facilities prises’’ and are required to be included annual survey at each installation, facil 1. Subpart 114-42.2 is amended by in an employee’s statement of employ ity, or activity which generates used changing the caption reading “Mainte ment and financial interests; or photographic fixing solution and scrap nance and Rehabilitation” to read as set (2) Financial interests exempted un forth above to conform with a recent der § 105-735.204 (d). film and which does not currently oper ate a recovery program, to determine the revision of the Federal property (b) The provisions of paragraph (a) management regulations. of this section also apply to special Gov economic feasibility of implementing re ernment employees. covery precedures. The results of the § 114—42.203 [Amended] (18 U.S.C. 208(b) (2); E.O. 11222, 3 CFR 1964- survey should be recorded in the format 2. Section 114-42.203 is amended by 1965 Supp.; 5 CFR 735.104) set out in FPMR 101-42.4901, and serve changing the caption reading “Addi as a basis for a determination as to tional facilities” to read “Notifications” Those amendments were approved by to conform with a recent revision of the Civil Service Commission on June 16, whether recovery procedures are econom the Federal property management 1970. ically feasible. regulations. FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10434 RULES AND REGULATIONS with the representatives of Canada. As Sec. II. The following amends 41 CFR 401.420 Cancellation, delay, or interruption 114-47 as previously published at 35 F.R. a result of these discussions, a new in rendition of services. 295: memorandum of arrangements concern 401.425 Provision for additional pilot. ing Great Lakes Pilotage was executed 401.430 Prohibited charges. Subpart 114—47.3— Surplus Real by the Secretary of Transportation and 401.431 Disputed charges. Property Disposal the Minister of Transport, to become 401.440 Advance payment of charges. effective July 7,1970. 401.450 Pilot change points. 1. The table of contents for Subpart 401.451 Pilot rest periods. 114-47.3 is amended to: 3. Certain changes have been made in (a) Add the following new entries: the amendments proposed in the Febru ttt Section 401.400 is revised to read ary 28, 1970, notice. In § 401.110 minor as follows: Sec. clarifying changes have been made in 114-47.308 Special disposal provisions. § 401.400 Calculation of pilotage units 114-47.308-3 Property for use as public the proposed additional definitions. and determination of weighting parks, recreational areas, or These minor clarifying changes in defini factor. historic monument sites. tions, have been reflected in § 401.400. Further, § 401.400 has been made ap The equivalent ^pilotage unit number (b) Change “114-47.302-8 Report of plicable to § 401.425. In § 401.405, the and appropriate weighting factor for identical ))ids” to read “114-47.304—8 basic rates for pilotage in the designated each ship shall be computed by utilizing Report of identical bids”. waters have been decreased from the the following formula and table: 2. The following text material is added proposed. Also in § 401.410 the basic (a) Pilotage unit computation: to Subpart 114-47.3: rates for pilotage in the undesignated Pilotage Unit= Length X Breadth X Depth § 114—47.308 Special disposal provi waters have been modified slightly. Both 10.000 sions. of these adjustments have been made (b) Weighting factor table: § 114—47.308—3 Property for use as pub based on a detailed joint review of traffic lic parks, recreational areas, or his projections and revenue requirements. Weighing toric monument sites. The provisions of § 401.420 have been Range of pilotage units: factor made applicable to both the undesig- 0-99 ______I______. 85 In the event title to surplus real prop fiiated and the designated waters, an 100-129 ______1-00 erty previously conveyed to a public upper limit of basic rates has been re 130-159 ______- 1-15 agency pursuant to 50 U.S.C. 1622(h) tained, and minor clarifying language 160 and over ______1-30 reverts to the United States, the Depart changes have been incorporated. Finally, (c) The charge for pilotage service is ment of the Interior will report such in § 401.425 the conditions under which obtained by multiplying the weighting property to the General Services Admin an additional pilot may be required are istration for disposition. Whenever such factor, obtained from paragraph (b) of more clearly delineated. It is intended this section by the appropriate basic a report is required, it will be made by that the provisions of § 401.425 will be the Bureau of Outdoor Recreation pur rate specified in §§ 401.405, 401.410, 401.- utilized only after careful review of the 420, and 401.425. suant to the authority delegated in 248 need in each individual case. DM 1.1C. The report will be in letter form IV. Part 401 is amended by adding 4. Since these amendments involve a § 401.405 to read as follows: and addressed to the General Services foreign affairs function of the United Administration regional office for the re States, they can be made effective in less § 401.405 Basic rates on designated gion in which the reverted property is than 30 days. waters. located. 5. Part 401 of Title 46 of the Code of Except as provided under § 401.420 the [P.R. Doc. 70-8087; Piled, June 25, 1970; Federal Regulations (46 CFR Part 401) following basic rates shall be payable 8:46 a.m.] is amended as follows: for all services and assignments per formed by United States and Canadian Subpart A— General registered pilots in the following areas I. Section 401.110 is amended by add of the U.S. waters of the Great Lakes Title 46— SHIPPING ing paragraph (a) (10) to read as described in § 401.300, pursuant to the Chapter III— Coast Guard (Great follows: Memorandum of Arrangements, Great Lakes Pilotage: Lakes Pilotage), Department of § 401.110 Definitions. (a) District 1: Transportation (a) * * * (1) Between Snell Lock and Cape Vincent [CGFR 70-29a] (10) Rate computation definitions: or Kingston, whether or not undesignated waters are traversed—$305. PART 401— GREAT LAKES PILOTAGE (i) “Length” means the distance be (2) Between Snell Lock and Cardinal, Pres REGULATIONS tween the forward and after extremities cott, or Ogdensburg—$155. of the ship. (3) Between Cardinal, Prescott, or Ogdens Miscellaneous Amendments (11) “Breadth” means the maximum burg and Cape Vincent or Kingston, whether breadth to the outside of the shell plating or not undesignated waters are traversed 1. On February 28, 1970, a notice of $220. proposed rule making regarding amend of the ship. (4) For pilotage commencing or terminat ments to Part 401, Chapter III, Title 46, (iii) “Depth” means the vertical dis ing at any point above Snell Lock other than Code of Federal Regulations, was pub tance at amidships from the top of the those mimed in subparagraph (1), (2), or (3) of this paragraph, $3 per statute mile but lished in the F ederal R egister (35 F.R. keel plate to the uppermost continuous deck, fore and aft, and which extends with a minimum basic rate of—$70. 3919). In accordance with the notice, a (5) For a movage in any harbor—$120. public hearing regarding the proposed to the sides of the ship. The continuity amendments was held on March 26,1970, of a deck shall not be considered to be (b) District 2: in Cleveland, Ohio. Interested parties affected by the existence of tonnage (1) Passage through the Welland Canal were given the opportunity to participate openings, engine spaces, or a step in the or any part thereof, $10 for each, statute in the rulemaking by submitting written deck. mile plus $35 for each lock transited but data, views, arguments or comments re Subpart D— Rates, Charges, and with a minimum basic of $120 and a maxi garding the proposed amendments before mum basic rate for a through trip of $430. Conditions for Pilotage Services When pilots are changed at Lock 7 on a or at the public hearing and by making through trip the basic rates are apportioned oral comments at the public hearing. II. The . table of sections of Part 401, as follows: 2. After the public hearing, the data, Subpart D, is amended to read as follows: (1) Between northerly limits and Lock views, arguments, and comments sub Sec. 7—$215. mitted by interested parties regarding 401.400 Calculation of pilotage units and (ii) Between Lock 7 and southerly limits— the proposed amendments were thor determination of weighting fac $215. oughly considered by the Coast Guard. tor. (2) Between Southeast Shoal or any point Thereafter, the representatives of the 401.405 Basic rates on designated waters. on Lake Erie west thereof and any point on United States entered into discussions 401.410 Basic rates on undesignated waters. the St. Clair River or the approaches thereto FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, jUNE 26, 1970 RULES AND REGULATIONS 10435 as far as the northerly limit of the District— interrupted for the purpose of loading or (Secs. 4, 5, 74 Stat. 260; sec. 6(a) (4), 80 Stat. $250. discharging cargo or for any reason and 937, 46 U.S.C. 216b, 216c, 49 Ü.S.C. 1655(a) (4) ; When pilots are changed at Detroit/Wind 49 CFR 1.46(a) (35 F.R. 4959) ) sor on a through trip the basic rates are ap the services of the registered pilot are portioned as follows: retained during such interruption or Effective date. These amendments (i) Between Southeast Shoal or any point when a pilot is detained on board a ship shall be effective on July 7, 1970. on Lake Erie west thereof and Detroit/Wind- after the end of an assignment for the sor—$125. convenience of the ship, the ship shall Dated: June 24, 1970. (ii) Between Detroit/Windsor and the pay an additional charge calculated on C. R. B ender, northerly limits—$125. (3) Between Southeast Shoal and any a basic rate of $10 for each hour or part Admiral, U.S. Coast Guard, point on Lake Erie west thereof or on the of an hour during which each interrup • Commandant. Detroit River—$160. tion lasts with a maximum basic rate [F.R. Doc. 70-8215; Filed, June 25, 1970; (4) Between any point on Lake Erie west of $160 for each 24-hour period of such 8:49 a.m.] of Southeast Shoal and any point on the interruption. However,'there is no charge Detroit River—$160. for any interruption caused by ice, (5) Between points on Lake Erie west of' weather, or traffic, except during the pe Southeast Shoal—$125. riod beginning the 1st day of December 'Title 47— TELECOMMUNICATION (6) Between points on the Detroit River— and ending on the 8th day of the follow $125. Chapter I—-Federal Communications (7) Between any point on the Detroit River ing April. Additionally, no charge shall and any point of the St. Clair River or its be made for any interruption if the total Commission approaches as far as the northerly limit of interruption is ended during the 6-hour [Docket No. 18556; FCC 70-630] the District—$160. ' period for which a charge has been made (8) Between points on the St. Clair River under § 401.410. PART 21—-DOMESTIC PUBLIC RADIO including the approaches thereto as far as SERVICES (OTHER THAN MARITIME the northerly limit of the District—$125. (b) When, in designated or undes ignated waters, the departure or the MOBILE) (c) District3: movage of a ship for which a registered Miscellaneous Amendments (1) Between the southerly limit of the pilot has been ordered is delayed for the District and the northerly limit of the Dis convenience of the ship for more thari Report and order. In the matter of trict or the Algoma Steel Corp. wharf at Sault 1 hour after the pilot reports for duty amendment of Part 21 of the rules and Ste. Marine, Ontario—$320. at the designated boarding point or after regulations applicable to the domestic (2) Between the southerly limit of the the time for which he is ordered, which public radio services (other than mari District and Saulte Ste. Marine, Michigan, or any point in Sault Ste. Marie, Ontario, ever is the later, the ship shall pay an time mobile), Docket No. 18556; other than the Algoma Steel Corp. Wharf— additional charge calculated on a basic RM-1341. $260. rate of $10 for each hour or part of an 1. On June 4, 1969, the Commission (3) Between the northerly limit of the hour after the first hour of such delay, released a memorandum opinion and District and Sault Ste. Marie, Ontario includ with a maximum basic rate of $160 for order and notice of proposed rule making ing the Algoma Steel Corp. Wharf, or Sault each 24-hour period of such delay. (FCC 69-581, 34 F.R. 9126), setting out Ste. Marie, Michigan—$120. (4) For a movage in any harbor—$125. (c) When, in designated or undesig proposed revisions of Part 21 of the rules. nated waters, a registered pilot reports We noted as our purpose for the pro V. Section 401.410 is revised to read for duty as ordered and the order is ceeding the need for an overall examina as follows: canceled, the ship shall pay: tion of Part 21 in order to make the § 401.410 Basic rates on undesignated (1) A cancellation charge calculated processing of applications and handling waters. on a basic rate of $60; of pleadings and proceedings more effi (2) If the cancellation is more than cient and expeditious. To pinpoint the (a) Except as provided under § 401.- problem areas and aid in evaluating a 420 and subject to paragraph (b) of 1 hour after the pilot reports for duty at the designated boarding point *or after most equitable solution, informal opin this section, the basic rates to be paid ions and/or formal comments were by a ship that has a registered pilot on the time for which he is ordered, which ever is the later, a further charge calcu solicited from interested parties—oper board in the undesignated waters shall ators, potential operators, equipment be: lated on a basic rate of $10 for each hour or part of an hour after the first hour, and parts manufacturers, etc. On the In Lake Ontario—$60; with a maximum basic rate of $160 for basis of their most helpful responses, we In Lake Erie—$65; each 24-hour period of such cancellation. issued the above referenced notice of In Lakes Huron and Michigan—$45; proposed rule making. We could not of In Lake Superior—$65; VII. Part 401 is amended by adding course, albeit the attempt, accommodate for each 6-hour period or part thereof § 401.425 to read as follows: all of the requests.1 The supporting that the pilot is on board, plus $60 for § 401.425 Provision for additional pildt. comments2 however, convince the Com each time the pilot performs the docking mission that we did accomplish the ulti The Director, Great Lakes Pilotage mate objective, and that adoption of the or undocking of the ship on entering or Staff, U.S. Coast Guard, or the Regional leaving a harbor or performs a movage rules as set forth in appendix A below Superintendent of Pilots, Ministry of would be in the public interest. of the ship within a harbor. Transport, may require the assignment (b) When a registered pilot is carriedof two pilots to a ship upon request of 2. The proposed amendments to on a ship in a direct transit of the undes the ship or when in his judgment because §§ 21.109 and 21.121(d) would authorize ignated waters of Lake Erie between of anticipated long transit, uncommon the licensee of a station to inter alia Southeast Shoal and Port Colbome, the ship size, adverse weather and sea con change or replace certain equipment basic rates referred to in paragraph (a) ditions or other abnormal circumstances without prior authorization “if, after of this section are not payable unless: the assignment of two pilots is consid such change or addition the effective (1) The ship is required by law toered necessary for the safe navigation of have a registered pilot on board in those waters; or the ship. Additionally, he shall direct 1 Requests were made for clarification of which of the pilots is to be in charge, as several of the proposed rule changes. The . (2) Services are performed by the pilot circumstances may require. The charge following sections were modified to accom m those waters at the request of the to the ship shall be one and one-half the modate such requests and the changes ap Master. charge provided for in §§ 401.405,401.410, propriately reflected in appendix A: sections VI. Section 401.420 is revised to read and 401.420. This section does not apply 21.15(a); 21.15(h); 21.27(c); 21.118(d); as follows: , to a ship in a direct transit of the undes 21.121(d) ; .21.204; 21.516(b)(4). Because the amendments are clarifying in nature, the § 401.420 Cancellation, delay or inter ignated waters of Lake Erie between prior notice provision of section 4 of the ruption in rendition o f services. Southeast Shoal and Port Colborne un Administrative Procedure Act, 5 U.S.C. 553, (a) When, in designated or undesig does not apply. less the ship is required by law to have a 2 List of parties filing comments appears nated waters, the passage of a ship is registered pilot on board in these waters. in appendix B below. FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10436 RULES AND REGULATIONS radiated power of the station in any di poor” and unable to finance significant fact. This affords no basis for formula rection is not decreased by more than improvements in their systems. Cl con tion of a rule. Moreover, the proposed 1.5 dB below that specified in the appli tends that until the new applicant is change could conceivably result in mak cation for which authorization is issued." required to make the specific factual ing the service exclusionary and insulate Several parties now contend that the allegation of need for the new station, the existing operator from any possible 1.5 dB is too confining and ask that the as requested by the proposed amend competition, contrary to any Commis decrease be changed to 3.0 dB. At the ment, the “particular factual situation” sion intent. Accordingly, in the present same time Motorola and NARS have called for in paragraph 9 of the notice circumstances, we adhere to our conclu asked to have § 21.121(a) (2) amended will not arise. Hence, the Commission sion that the public interest would be by redefining or deleting the phrase will not be in a position to assign the best served by continuing the present “type-accepted” on the ground that in burden of proof where it belongs, and practice. For similar reasons we will situations in which some transmitters reject as defective any application which also deny the request by Motorola Com can operate with variable powers not fails to meet the standards set out in munications and Electronics Inc. specifically shown on the radio equip the rules, until the appropriate rule is (Motorola), for more definitive guide ment list, “type-accepted” output power established. General Communications lines over and above those listed in causes confusion. We find a grant of Service, Inc. (GCS), urges additionally § 21.516 of the rules, concerning a re neither request warranted at this time. in support,3 that the removal of compe quest by an existing operator for addi We pointed out in paragraph 8 of the tition has historically been considered tional channels. notice, that although the changes as the quid pro quo for public utilities regu 6. We will likewise deny NARS re proposed in §§ 21.109 and 21.121 were not lation, but that under the present policy quest that we reconsider our previous completely in conformity with the re the Commission is both regulating and rejection of its suggested rule revision quests, they did nevertheless establish a inviting competition, with the result that of § 21.509(k) to permit dispatch station reasonable accommodation and balance there is “a proliferation of RCCs and subscribers to communicate not only between administrative convenience and destructive competition in most major with the subscriber’s mobile units, but the practicalities of a-licensee’s opera market areas.” Philadelphia Mobile also with all other mobile units of the tion. Absent a convincing showing to the Telephone Co. (Mobile),* on the other RCC licensee’s system, and the compan contrary this view continues to prevail. hand urges essentially that to require a ion request that a multiple dispatch In this regard, we believe the substitu new applicant to prove the future inabil station subscriber be permitted to com tion of the 60-day period for the former ity or unwillingness of the existing car municate dispatch station to dispatch 30-day period in § 21.516(b) during rier to provide adequate service would station when the composition of the which actual traffic loading data is to be result in insulating the existing operator traffic is related to relevant mobile com gathered, is likewise a reasonable ac from competition, a situation contrary munications. We have adequately enun commodation. Any additional forecast to the public interest; and further that ciated our position concerning this re may be made under the new § 21.516(b) although' “natural monopolies” may be quest in paragraphs 10 and 11 of the (5). The request by the National Asso entitled to protection from competition, notice. ciation of Radiotelephone Systems the mobile radiotelephone business does 7. In-our notice a change was proposed (NARS) for the change to a 90-day pe not fall into that category, and does not in § 21.700 of the rules to require inter riod is therefore, rejected. merit protection from “intramodal alia that applications proposing serv 3. American Telephone and Telegraph competition.” ices other than public message service, Co. (A.T. & T.) asks that § 21.118 be 5. At present, an applicant for a newmust include a showing that at least 50 amended by adding a new paragraph facility is required to indicate in his ap percent of the customers (on the micro- (g). In its view, the change would “con plication the need by the public for the wave system involved), including cus firm and clarify the present practices of proposed facility. Cl seeks, in essence, tomers of any interconnecting carriers operating stations in the point-to-point to have us prescribe by rule the specific receiving applicant’s service, are unre microwave service unattended when re showing an applicant must make, in lated and unaffiliated with the applicant. mote alarm facilities are provided to an order that applications may be dismissed Currently the rule applies only to CATV alarm center.” Although it is the prac without hearing for failure to meet the system customers. On consideration of tice of many carriers to use remote prescribed standard. We declined in the the comments, we are of the view that alarm facilities, it has not been our pol notice (par. 9) to propose such a depar the proposed change is not warranted icy to require them as a condition for ture from present practice. Nothing ad at this time. Accordingly, no change will unattended operation (see § 21.205(1)). vanced in the comments of the parties be made to § 21.700 of the rules. Simi If A.T. & T. believes that alarm facili persuades us that the requested change larly, no change will be made in § 21.800 ties should be mandatory, we would is warranted or would serve the public of the rules at this time. suggest that the matter be addressed interest. The uncontrolled and unlimited 8. NARS expresses some concern that (with supporting arguments) in a peti competition under some circumstances the Commission failed to give consider tion for rule making. We similarly sug may have destructive impact on the ation to its proposal that permissible gest that a separate rule .making be quality and cost of service available to communications should include provi sought with respect to the request for the public. However, identification of sion for automatic report back to base change in § 21.512 dealing with the list those circumstances cannot be encom station from mobile units, from alarm of priorities for mobile telephone service. passed by a simple rule and there is no systems, and telemetry of many descrip 4. Concern is again expressed that un evidence before us that such a rule is tions, notwithstanding the public need less a rule is promulgated to protect the necessary. The parties continue to rely for the “services described”. Although existing carriers from a duplication of on broad general allegations as pre the Commission is prepared to meet its facilities, the carriers will be unable to viously, and even though slightly ex responsibility and encourages the more truly and properly serve the public inter panded, predicated nevertheless on con effective use of the radio facilities in est. More specifically, Communications jecture and speculation rather than on the public interest, we do not deem it ad Industries, Inc. (Cl) asks that § 21.504 visable to issue carte blanche authoriza of the rules be amended to place on the 8 Approximately 35 MCCs have filed affirm tions for new services and techniques. applicant for a new radio common car ative statements in support of Cl’s basic Hence, in keeping with NARS statement rier station the burden of making a two contention, to wit, that duplication of facil that informal discussions on this type of pronged showing: (a) That there is a ities would result in the possible elimination service have been sympathetically re need for the additional facilities, and (b) of the ability of the mobile radio stations ceived in the past, we are again encour to serve the public interest. However, these aging NARS, and/or any other interested that the authorized facilities in the area statements for the most part, contain no party, upon proper and substantial in are not or will not be adequate to meet substantive information and are therefore formation with respect to the specific this need. Cl concedes that “inefficient not specifically referenced. nature of the proposed service or tech carriers” should not be protected, but 4 For good cause shown, Mobile’s petition urges on the other hand that lengthy to accept the late-filed reply comments is niques, its relation to the common car and costly protest proceedings may cause granted, and the comments accepted and rier radio services, and the potential elec diligent carriers to become “litigation considered. trical impact upon existing service, to FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 RULES AND REGULATIONS 10437 submit a request for a developmental and comments listed in Appendix B, to (b) Any foreign government or the service pursuant to Subpart P of Part the extent that they may not have been representative thereof. 21 of the rules. granted herein, are otherwise denied. (c) Any corporation organized under 9. A brief final comment concerning 13. It is further ordered, That this the laws of any foreign government. our reasons for rejecting several addi proceeding is terminated. (d) Any corporation of which any offi tional requests for modification of the (Secs. 4, 303, 48 Stat., as amended, 1066, 1082; cer or director is an alien. rules would we believe, avoid the need for 47 U.S.C. 154, 303) future consideration of these requests (e) Any corporation of which more in their present posture. E.g., Hawaiian Adopted: June 17,1970. than one-fifth of the capital stock is Telephone Co. (Hawaiian) points out Released: June 23,1970. owned of record or voted by: aliens or that in view of the particular financing their representatives; a foreign govern arrangement of-its company, it would F ederal Communications ment or representatives thereof; or any be impracticable to amend its first mort Commission,6 corporation organized under the laws of gage indenture agreement to accommo [sealI B en F. W aple, a foreign country. date the terms of the rules. It therefore, Secretary. (f) Any corporation directly or indi requests that § 21.15(d) be changed to re Appendix A rectly controlled by any other corpora quire the specific financing arrangements tion of which any officer or more than for a chattel mortgage to be filed only I. Subpart A of Part 21 is amended one-fourth of the directors are aliens, in cases where the terms are in favor of as follows: if the Commission finds that the public the vendor of the transmitter. Since this 1. Section 21.1 is amended by the ad interest will be served by the refusal or financing problem appears to be unique dition of the following definition in revocation of such license. to Hawaiian, we will not make it the appropriate alphabetical sequence: (g) Any corporation directly or in subject of the overall rule changes. § 21.1 Definitions. directly controlled by any other corpora A.T. & T.’s request to amend § 21.15(f) to * * * * * tion of which more than one-fourth of eliminate the need to file a Form 714 to Drop point. A term used in the point- the capital stock is owned of record or gether with the ancillary information to-point microwave radio service to des voted by aliens or their representatives, notwithstanding applicant’s attestation ignate a terminal point where service is or by a foreign government or represent that there would not be an excess of rendered to a subscriber. ative thereof, or by any corporation or height criteria specified in Part 17, and ganized under the laws of a foreign gov United States Independent Telephone * * * * * ernment, if the Commission finds that Association (USITA’s) request to modify H. Subpart B of Part 21 is revised to the public interest will be served by the § 21.20(c) to require only “decisionally read as follows: refusal or revocation of such license. significant” documents or information to be filed, will each be rejected for the same Subpart B— Applications and Licenses General F iling R equirements general reason, to wit, the need by the General § 21.11 Station authorization required. Commission of the appropriate informa Sec. tion for a proper examination and eval- 21.10 Eligibility for station license. No radio transmitter shall be operated General Piling Requirements in the Domestic Public Radio Services ulation of each of the applications filed. except under and in accordance with a Motorola’s request to distinguish in § 21.- 21.11 Station authorization required. station authorization granted by the 23 (c) and (d) between major and minor 21.12 Formal and informal applications. amendments is not really meaningful 21.13 Place of filing applications, fees, and Federal Communications Commission. since the examples are ones already ad number of copies. § 21.12. Formal and informal applica judicated and in most instances serve as 21.14 Forms to be used. tions. 21.15 Content of applications. precedents. We believe the time refer 21.16 Who may sign applications. (a) Formal applications. To assure ences in §§ 21.33(a), 21.212(a), 21.610 21.17 Additional statements. that necessary information is supplied (a), and 21.808(a) are all adequate and 21.18 [Reserved] in a consistent manner by all persons, proper and in those instances where ap 21.19 [Reserved] standard forms are prescribed for use in plicable, conform with the statutory time 21.20 Defective applications. connection with the majority of applica requirement. Any additional time needs 21.21 Inconsistent or conflicting applica tions and reports submitted for Com may be sought on individual basis, and tions. 21.22 Repetitious applications. mission consideration. Standard num there are sufficient rule provisions to ac 21.23 Amendment of applications. bered forms applicable to the Domestic commodate emergency situations. Moto 21.24 Form of amendments to applications. Public Radio Services (Other Than rola and NARS request deletion of “on 21.25 Application for temporary authoriza Maritime Mobile) are discussed within secondary basis” identification in § 21.- tions. this subpart and may be obtained from 501. in view of the specific allocation of P rocessing op Applications the Secretary, Federal Communications the frequencies it would be inefficient to Commission, Washington, D.C. 20554, or permit the use of these frequencies on a 21.26 Receipt of application. from any of the Commission’s engi coequal basis. Finally, Hawaiian’s re 21.27 Processing of applications. neering field offices, the addresses of 7 21.28 Dismissal and return of applications. quest to amend § 21.808(a) ( ), is like 21.29 Partial grants. which are listed in § 0.121 of this chapter. wise unjustified. We believe it altogether 21.30 Grants without hearing. (b) Informal applications. An appli reasonable that an applicant explain why 21.31 Conditional grants. cation not submitted on a standard form a service which will not be terminated be 21.32 Transfer and assignment of station prescribed by the Commission is an in fore the end of 6 months had not in the authorization. first instance been started on a' regular 21.33 Period of construction. formal application, and will be accepted basis. 21.34 Forfeiture of station authorizations. only in those cases where standard forms 21.35 License period. are not applicable. Each informal ap 10. In view of the foregoing, the Com plication shall be submitted in duplicate, mission concludes that adoption of the Authority : The provisions of this Subpart rule changes as contained in Appendix A B issued under secs. 4, 303, 48 Stat., as normally in letter form in the manner amended, 1066, 1082; 47 U.S.C, 154, 303. prescribed in §§21.14 (a), (b), (c), (d) 4 °^’ would be in the public interest. and 21.16. Each application shall be clear Authority for the rules adopted is con Subpart B— Applications and Licenses tained in sections 4(i) and 303 of the and complete within itself as to the facts communications Act of 1934, as amended. G eneral presented and the action desired. 11. Accordingly, it is ordered, That ef § 21.10 Eligibility for station license. § 21.13 Place of filing applications, fees, fective July 31,1970, Part 21 of the Com A station license may not be granted and number of copies. mission’s rules and regulations is to or held by: (a) Every application for a radio sta beflow^6^ aS SC^ *n Appendix A (a) Any alien or the representative oftion authorization, except applications any alien. for stations located in Alaska, and all 12. it is further ordered, That the vari- correspondence relating thereto, shall be us requests contained in the pleadings 6 Commissioner Cox absent. submitted to the Commission’s office at FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10438 RULES AND REGULATIONS Washington, D.C. 20554. Each applica airborne station in the Domestic Public (g) Application for modification of tion shall be accompanied by the fee pre Land Mobile Radio Service, which are station license. An application for modi scribed in subpart G of Part 1 of this submitted by the persons who proposed to fication of any station license in these chapter. become subscribers to a common carrier services may be filed at any time during (b) Applications for authorizations service for public correspondence, shall the term of that license. Application for under this part for stations in Alaska be accompanied by the supplementary modification of a station license shall be shall be submitted to the Federal Com showing set forth in § 21.15 (i). made on FCC Form 403 and shall be munications Commission, Radio District (c) Application for modification of submitted in duplicate not less than 60 No. 14, Room 802, Federal Office Build construction permit. Under circum days prior to the date contemplated for ing, Seattle, Wash. 98104, attention of stances requiring deviation from the such modification, unless otherwise the Erigineer-in-Charge. Each such ap terms of a construction permit, before permitted. plication shall be accompanied by the such deviations are begun, application (h) Application for consent to assign applicable nonrefundable fee set forth for modification of construction permit ment, or transfer of control of corpora in paragraph (b) of this section. shall be submitted on FCC Form 401. No tion holding radio station construction (c) Unless otherwise specified in a changes shall be effected until authorized permit or license. (1) An application on particular case, or for a particular form, by the Commission through issuance of FCC Form 702 or FCC Form 704, as the each application, including exhibits and an appropriate modified construction circumstances require, shall be sub attachments thereto, shall be filed in permit. mitted to the Commission when a con duplicate. (d) Application for extension of ex struction permit or license, or the con (d) Each application, including ex piration date of construction permit. Ap trol of a corporation holding such per hibits and attachments thereto, for sta plication for extension of time within mit or license, is to be transferred as a tion authorization in Alaska shall be which to complete construction of a sta result of a voluntary act (contract or filed with one copy more than the num tion shall be filed on FCC Form 701 at other agreement) or an involuntary act ber of copies indicated in this part for least 30 days prior to the expiration date (death or legal disability) of the grantee stations located elsewhere. of such permit, if the facte supporting of a permit or station license, or by such application for extension are known involuntary assignment of the physical § 21.14 Forms to be used. to applicant in time to permit such filing. property of the station pursuant to a (a) Application for construction per In other cases, such applications will be court decree in bankruptcy proceedings, mit for base, auxiliary test and fixed accepted upon a showing, satisfactory or other court order, or by operation of stations. A separate application for con to the Commission, of sufficient reasons law in any other manner. Applications struction permit shall be submitted for for filing within less than 30 days prior filed on FCC Form 702 or FCC Form 704 each base, each auxiliary test, and each to the expiration date. Such applications shall be accompanied by a factual show fixed station on FCC Form 401: Provided, will be granted upon a specific and de ing by the assignee of his legal, financial, however, That in the case of fixed sta tailed showing that the failure to com technical and other qualifications to be tions to be installed at temporary loca plete was due to causes not under the the licensee of the radio facilities de tions, as set forth hereinafter in the control of the grantee, or upon a specific scribed in such application. Upon com applicable subparts of these rules, where and detailed showing of other matters pletion of an approved transfer, writ the equipment utilized is of such design sufficient to justify the extension (see ten notification thereof shall be filed as to comprise a packaged unit which is also § 21.34(a>). with the Commission. ready for installation and use with only (e) Application for station license. (2) In the Point-to-Point Microwave nominal construction, request may be Upon completion of construction or in Service, authorization for assignment made for waiver of the construction per stallation of a station in exact accord from one operating company to another mit and for the immediate issuance of a ance with the terms and conditions set of only a part or portions of the facili license: And provided further, That an forth in the construction permit and ties (transmitters) authorized under an application for an auxiliary test station upon satisfactory completion of equip existing construction permit or license may be combined with that of the base ment tests in accordance with § 21.212 (as distinguished from an assignment of station with which such auxiliary facility (a), an application for license to op the facilities in their entirety), shall be is to be associated when both are at the erate the station should be filed on FCC granted upon an application by the same location. Such applications shall Form 403 prior to the expiration date of assignee on FCC Form 401 or 403, as the be accompanied by the supplementary the construction permit (see also § 21.34 situation requires, and by the assignor information set forth in § 21.15 as may (a) ). on FCC Form 403 for deletion of the be appropriate. (f) Renewal of station license. Unless assigned facilities, indicating concur (b) Application for license for mobile otherwise directed or permitted by the rence in the request. Where the assigned stations. No construction permit is re Commission, each application for re facilities are to be incorporated into an quired for mobile stations. A separate ap newal of license other than special tem existing license, the assignee shall only plication on FCC Form 401 shall be porary authorizations shall be submitted file an FCC Form 403; where a new sta submitted for a license for the maximum on FCC Form 405 not less than 30 days tion is to be established, FCC Forms number of mobile units expected to be nor more than 60 days prior to the ex 401 and 403 shall be submitted complete placed in operation within the ensuing piration date of the license sought to be with a factual showing by the assignee license period: Provided, however, In the renewed. Expiring developmental au of his legal, financial, technical and Domestic Public Land Mobile Radio thorizations may be renewed only upon other qualifications to be a licensee of Service, an application for license for a factual showing of need beyond the the radio facilities described in the ap land mobile or airborne units to be li expiration date of the authorization plication. The assignment shall be com censed in the name of the base station sought to be renewed. A blanket applica pleted within 60 days from the date of licensee may be combined on the same tion may be submitted for renewal of a authorization. application form with an application for group of station licenses in the same (i) Application for authority to oper the base station with which the land service in those cases where the renewal ate mobile units of Canadian registry in mobile units will be associated. In the requested is in exact accordance with the the United States. Applications for au preparation of such blanket applications, terms of the previous authorizations. The thority to operate mobile units of care should be exercised that data fur individual stations covered by such ap Canadian registry within the United nished therein in all particulars is clearly plication shall be clearly identified States shall be made upon FCC Form differentiated between the land mobile, therein, and sufficient copies of such 410 which shall be filed with the Secre airborne and base station installations. blanket application shall be filed so as to tary, Federal Communications Commis In any event, the mobile station license provide at least two copies thereof for sion, Washington, D.C. 20554. Forms may will be issued simultaneously with the each station affected. Special temporary be obtained from the FCC Secretary or issuance of the related base station li from the Director, Telecommunications cense in the case of applications in the authorizations may be extended upon Domestic Public Land Mobile Radio informal written requests. (See §§ 21.405 and Electronics Branch, Department of Service. Applications for land mobile or (b) and 21.511.) Transport, Ottawa, Ontario, Canada. FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JJUNE 26, 1970 RULES AND REGULATIONS 10439 (j) Applications for authority to operan appropriate officer of the organiza antenna sketch is required. (See §§ 21.15 ate mobile units in Canada. Applications tion, if the applicant is an unincorpo (f) and 21.111.) for authority to operate mobile units, rated association. (h) In cases where an applicant, per which have been licensed in this serv (4) Where required by applicable mittee or licensee desires to establish a. ice by the Commission, shall be made local law, a certified copy of the fran receiving antenna or a passive reflector upon proper form and be filed with the chise or other authorization issued by to be associated with the facilities for Director, Telecommunications and Elec appropriate regulatory authorities. If no which authorization is required by this tronics Branch, Department of Trans such local requirement exists, a state part of the rules, a copy of FCC Form 714 port, Ottawa, Ontario, Canada, from ment to that effect should be included together with a sketch of the proposed whom the application forms are in the application. antenna structure prepared pursuant to obtainable. (5) Any agreement affecting appli paragraph (g) of this section, shall be § 21.15 Content of applications. cant’s ability to own, operate, use, or submitted for the receiving antenna or control the station facilities; and in the passive reflector, and approval thereof (a) Each application, unless other Rural Radio and Point-to-Point Micro- shall be obtained from the Commission wise authorized, shall be specific with wave Radio Service, any lease arrange prior to its construction. In the micro- regard to frequency or frequencies, ments at the receiving sites. wave and rural radio services, no re transmitter power, hours of operation, (d) In establishing financial qualifi placement or modification of such equipment, antenna height, antenna cations, a copy of the applicant’s current receiving antenna, passive repeater, or gain and orientation, effective radiated balance sheet (within 90 days of the date supporting structure may be made with power, points or areas of communica of the application) should be furnished. out prior authority if it will change the tion, location of the station (an applica If a loan or other credit arrangement is height, directivity, or gain of the an tion for authority to operate at tempo to be consummated to finance the estab tenna system or overall height of the rary locations shall specify the general lishment and operation of the proposed antenna structure above ground, except geographic area within which the oper facilities, full particulars relative thereto as provided in § 21.109(b) with respect ation will be confined), full and com should be disclosed, including the to the replacement or change of an plete disclosures with regard to the real identity of the creditor. Financing ar tennas or antenna structures. party or parties in interest, and shall set rangements providing for a chattel (i) An application for land or air forth all matters and things required to mortgage of any transmitter or other borne mobile units to be licensed in the be disclosed or answered by the applica equipment essential to the rendition of name of a person who is not the licensee tion forms and the Commission’s rules. uninterrupted service to the public shall of the base station with which the mobile For stations in the Point-to-Point Micro- include provision for a minimum of 10 units will be associated in the Domestic wave and Local Television Transmission days prior written notification to the Public Land Mobile Radio Service shall Services the requirement for effective licensee or permittee, and to the Com be accompanied by the information in radiated power shall be met by includ mission, before any such equipment may dicated in paragraph (b) of this section ing in the application the transmitter be repossessed under default provisions. together with an affirmation showing output power, antenna gain, and an (e) In establishing technical qualifi that: tenna radiation pattern. cations, a showing should be made of the (1) The mobile units for which au (b) Each application for construction arrangements to ensure the rendition of thorization is sought are for the appli permit for new or additional radio facili good public communication service, in cant’s own use; and ties shall be accompanied by a showing cluding maintenance and repair facili (2) Definite arrangements have been of the applicant’s legal, financial, tech ties, number and description of technical made for the requested number of mobile nical and other qualifications to be a personnel. units to obtain communication service, licensee in the Domestic Public Radio upon the frequencies requested, through Services except that: (f) Each application for construction permit for a radio station situated at a the base stations specifically identified in (1) When simultaneous request is the application; and made for a multiplicity of radio stations specified fixed location which involves by a single applicant, a single showing new antenna construction or modifica (3) Specific arrangements, the details of legal, financial, technical and other tion of an existing aiitenna structure, of which should be set forth, have been qualifications may be made and incor shall be accompanied by a properly exe made for installation, technical service porated by reference in the related cuted FCC Form 714 and a sketch of the and maintenance of the mobile units by applications. antenna structure prepared pursuant to licensed first or second class radio (2) When any qualifications have paragraph (g) of this section. (Complete operators. once been established for an applicant, information as to rules concerning the (4) The mobile units will be operated reference may be made thereto by spe construction, marking and lighting of primarily in the area and/or areas cific identification and a statement indi antenna structure is contained in Part 17 through the base stations specifically cating, if appropriate, that there has of this chapter. See also § 21.111 for re identified in the application and more been no change in the reference facts or quirement for additional material in particularly detailed in subparagraph circumstances. If any material change certain cases.) (2) of this paragraph. has occurred, full disclosure thereof shall (g) Each application for construction (j) Each application for construction be made. permit for a radio station situated at a permit for radio facilities which are to be (c) Except in cases where such infor specified fixed location which involves used in rendering communication serv mation is already on file with the Com new antenna construction or modifica ice for hire, if filed by an applicant not mission, applications in these services tion of existing antenna construction engaged in providing public wire line shall include a single copy of: shall be accompanied by a sketch show communication service, shall be ac (1) The partnership agreement prop ing the details of the proposed antenna companied by a statement showing the erly certified by each of the partners, if installation, including its relationship to extent to which the applicant intends the applicant is a partnership. any existing antenna on the same sup actively to participate in the day-to-day porting structure; its height above operation of the proposed facilities. In (2) The acts or articles of incorpora ground; the ground elevation in feet the event the applicant does not intend tion (or charter) including any amend above mean sea level at the site of such actively to participate in the day-to-day ments thereto, certified by an officer of structure; the height or length of the management and operation, he should the corporation, if the applicant is a antenna installed upon such structure; state his reasons therefor and fully dis corporation, if it does not clearly appear and the overall height of the aggregate close the details of the proposed opera on the charter that the corporation is installation. The sketch shall be fur tions, including a showing of how con authorized to operate as a communica nished in the same number of copies as trol thereof will be retained by the tions common carrier, a statement of required for the application form to applicant. qualified legal counsel shall be furnished. which it pertains and, in addition, one (k) Each application for construction (3) The articles of association, includ extra copy shall be furnished in cases permit for a developmental authoriza ing any amendments thereto, certified by where FCC Form 714 and a copy of an tion shall be accompanied by pertinent FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 ;No.12< 10440 RULES AND REGULATIONS supplemental information as required by the location of the proposed fixed sta (p) Applicants proposing to construct § 21.405 in addition to such information tion (family dwelling units 70 or more or modify a radio station on a site lo as may be specifically required by this miles distant from the television station cated on land under the jurisdiction of section. antenna site are not to be counted) the the U.S. Forest Service, U.S. Department (1) Each application for construction radius of which shall be determined by of Agriculture, or the Bureau of Land permit for a base station in the Domestic use of the charts entitled, “Chart for Management, U.S. Department of the Public Land Mobile Radio Service which Determining Radius Prom Fixed Station Interior, must supply the information proposes to establish a new communica in 72-76 Mc/s Band to Interference Con and follow the procedure prescribed by tion facility or make changes in the area tour Along Which 10 Percent of Service § 1.70 of this chapter. of coverage of a station already author From Adjacent Channel Television Sta (q) Each application for construction ized shall be accompanied by technical tion Would Be Destroyed” (Charts for permit for a station in the rural radio engineering information with respect to: television channels 4 and 5 are set forth or point-to-point microwave services ( 1 ) Type of antenna polarization used. in § 21.103). which proposes to establish a new com (2) Type of antenna used, including (3) In cases where more than 100munication facility or make changes in type number and manufacturer thereof. family dwelling units are contained the location of a station already au (3) Antenna power gain expressed in within the circle (determined accord thorized shall be accompanied by a top decibels. ing to subparagraph (2) of this para ographic map (a U.S. Geological Survey (4) Antenna radiation pattern (on graph), the number of dwelling units Quadrangle or map of comparable de letter size polar coordinate paper) show therein shall be stated and a factual tail and accuracy) with the exact loca ing the antenna power gain distribu showing made that: tion of the proposed station plotted and tion in the horizontal plane expressed (i) The proposed site is the only suit identified thereon. This map should not in decibels. able location. be cropped so as to delete pertinent bor (5) Orientation of directional an (ii) It is not feasible, technically or der information and must be submitted tenna array, expressed in degrees of azi otherwise, to use other available fre in the same number of copies as the muth, with respect to true north. quencies. application it accompanies. (iii) The applicant has a definite plan, (6) Antenna height above average § 21.16 Who paay sign applications. terrain for each of the eight radiais spec which should be disclosed, to control any ified in subparagraph (8) (ii) of this interference that might develop to tele (a) Except as provided in paragraph paragraph. (See also § 21.115.) vision reception from his operations. (b) of this section, applications, amend (7) Antenna transmission line type, (iv) The applicant is financially able ments thereto, and related statements of length and radio frequency power trans and agrees to make such adjustments in fact required by the Commission shall mission losses, together with a descrip the television receivers affected as may be personally signed by the applicant, if tion and power loss of all other devices be necessary to eliminate interference the applicant is an individual; by one of in addition to the transmission line, be caused by his operations. the partners, if the application is a part tween the output of the transmitter and (o) In order to minimize possiblenership; by an officer or duly authorized the antenna radiating system expressed harmful interference at the National employee, if the applicant is a corpora in decibels. Radio Astronomy Observatory site lo tion; or by a member who is an officer, (8) Topographic maps (see also cated at Green Bank, Pocahontas Coun if the applicant is an unincorporated as § 21.116) showing thereon: ty, W. Va., and at the Naval Radio Re sociation. Applications, amendments, and (i) Exact station location. search Observatory site at Sugar Grove, related statements of fact filed on behalf (ii) Location of radiais used in deter Pendleton County, W. Va., any applicant of eligible government entities, such as mining elevation of average terrain. for a station authorization other than states and territories of the United (9) Effective radiated power for all mobile, temporary base, or temporary States and political subdivisions thereof, eight radiais specified in subparagraph fixed seeking a station license for a new the District of Columbia, and units of (8) (ii) of this paragraph. station, a construction permit to con local government, including incorporated (m) In the Rural Radio Service and struct a new station or to modify an municipalities, shall be signed by such the Point-to-Point Microwave Radio existing station license in a manner duly elected or appointed officials as may Service, each application for initial in which would change either the fre be competent to do so under the laws of stallation of a radio station, or for in quency, power, antenna height or direc the applicable jurisdiction. stallation of additional transmitters, or tivity, or location of such a station within (b) Applications, amendments there for authority to communicate with new the area bounded by 39° 15' N. on the to! and related statements of fact re points, shall be accompanied by the north, 78°30' W. on the east, 37°30' N. quired by the Commission may be signed showing required by §§ 21.608 and 21.706, on the south, and 80°30' W. on the west by the applicant’s attorney in case of the respectively. shall at the time of filing such applica applicant’s physical disability, or in case (n) Each application requesting au tion with the Commission, simultane the applicant does not reside in any of thority to establish operations on fre ously notify the Director, National Radio the contiguous 48 States of the United quencies in the 72-76 Mc/s band shall Astronomy Observatory, Post Office Box States or in the District of Columbia. The be accompanied by: No. 2, Green Bank, W. Va. 24944, in attorney shall in that event separately (1) A showing that the applicant writing, of the technical particulars of set forth the reason why the application agrees to eliminate any harmful inter the proposed station. Such notification is not signed by the applicant. In addi ference which may be caused by his oper shall include the geographical coordi tion, if any matter is stated on the basis ation to television reception on either nates of the antenna, antenna height, of the attorney’s belief only (rather than Channel 4 or 5, and if said interference antenna directivity if any, proposed fre his knowledge), he shall separately set Cannot be eliminated within 90 days of quency, type of emission, and power. In forth his reasons for believing that such the time the matter is first brought to addition, the applicant shall indicate in statements are true. his attention by the Commission, opera his application to the Commission the (c) Only the original of applications, tion of the interfering fixed station will date notification was made to the Observ amendments, or related statements of be immediately discontinued. atory. After receipt of such applications, fact need be signed; copies may be (2) In cases where it is proposed to the Commission will allow a period of conformed. locate a 72-76 Mc/s fixed station less twenty (20) days for comments or objec (d) Applications, amendments, and than 80, but more than 10, miles from tions in response to the notifications in related statements of fact need not be the site of a television transmitter oper dicated. If an objection to the proposed signed under oath. Willful false state ating on either Channel 4 or 5, or from operation is received during the 20-day ments made therein, however, are pun the post office of a community in which period from the National Radio Astron ishable by fine and imprisonment, United such channels are assigned but not in omy Observatory for itself or on behalf States Code, title 18, section Í001, and operation, a showing shall be made as of the Naval Radio Research Observa by appropriate administrative sanctions, to the number of family dwelling units tory, the Commission will consider all (as defined by the U.S. Bureau of Cen aspects of the problem and take whatever including revocation of station license sus) located within a circle centered at action is deemed appropriate. pursuant to section 312(a)(1) of the FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 RULES AND REGULATIONS 10441 Communications Act of 1934, as § 21.23 Amendment of applications. accepted upon due showing of sufficient amended. (a) Any application may be amended reasons for the delay in submitting such § 21.17 Additional statements. as a matter of right prior to the designa request. tion of such application for hearing by (b) Special temporary authorizations The Commission may require an ap filing the appropriate number of copies may be granted without regard to the plicant or grantee to submit such docu of the amendments. If a petition to deny 30-day public notice requirement of ments and signed written statements of has been filed or if the Commission has § 21.27(c) when: fact, as in its judgment may be necessary. published a notice that the application (1) The authorization is for a period § 21.18 [Reserved] appears to be mutually exclusive with not to exceed 30 days and no application another application, the amendment for regular application is contemplated § 21.19 [Reserved] shall be served on the petitioner and on to be filed; § 21.20 Defective applications. any such mutually exclusive applicant (2) The authorization is for a period (a) Applications which are defective unless waiver of this requirement is not to exceed 60 days pending the with respect to completeness of answers granted in accordance with § 0.291 (k) of filing of an application for such regular to questions, execution or other matters this chapter. operation; of a formal character will not be accepted (b) Requests to amend an application (3) The authorization is to permit in for filing by the Commission, unless the after it has been designated for hearing terim operation to facilitate completion Commission shall otherwise permit, and will be considered only upon written pe of authorized construction or to provide will be returned to the applicant with a tition properly served upon the parties substantially the same service as previ brief statement as to the omissions. of record, and will be granted only for ously authorized; or (b) Applications which are not in ac good cause shown. (4) The authorization is made upon a cordance with the Commission’s rules, (c) An application amended by a finding that there are extraordinary regulations, or other requirements will be major amendment thereto (as e.g., any circumstances requiring emergency op considered defective and subject to re amendment which will change or add a eration in the public interest and that turn pursuant to paragraph (a) of this frequency; or improve the - operating delay in the institution of such service section unless accompanied by a request characteristics of an existing or proposed would seriously prejudice the public of the applicant for a waiver of, or an station; or enlarge the service contour interest. exception to, any rule, regulation, or re or significantly change the location or (c) No special temporary authoriza quirement with which the application is points of communication of an existing tion, except as provided for in paragraph in conflict. Such request shall show the or proposed station; or which will ma (d) of this section, will be granted for a nature .of the waiver or exception desired terially alter the nature of an existing period to exceed 90 days or be extended and set forth the reasons in support or proposed service) is subject to the for more than one additional period not thereof. provisions of § 21.27. to exceed 90 days. (c) If an applicant is requested by the (d) Amendments, other than major (d) In cases of emergency found by Commission to file any documents or in amendments within the meaning of the Commission, involving danger to life formation not specifically required in the paragraph (c) of this section, will be or property or due to damage of equip prescribed application form, a failure to considered on a case-by-case basis and, ment, or during a national emergency comply with sueh request will constitute if found to materially alter an existing proclaimed by the President or declared a defect in the application. or proposed station, will be deemed to by the Congress or during the continu §21.21 Inconsistent or conflicting be a major change and will thereafter ance of any war in which the United applications. - be listed in a public notice and subject States is engaged and when such action to the provisions of § 21.27. While an application is pending and is necessary for the national defense or undecided, no subsequent inconsistent or § 21.24 Form of amendments to appli safety or otherwise in furtherance of the conflicting application may be filed by cations. war effort, or in cases of emergency the same applicant, his successor or as Any amendment to an application where the Commission finds that it signee, or on behalf or for the benefit shall be signed, aild submitted in the would not be feasible to secure renewal of the same applicant, his successor or same manner, and with the same num applications from existing licensees or assignee. otherwise to follow normal licensing pro ber of copies, as was the original appli cedure, the Commission will grant con § 21.22 Repetitious applications. cation: Provided, however, That amend ments may be made in letter form, struction permits and station licenses, (a) Where an applicant has been af complying in all other respects with this or modifications or renewals thereof, forded an opportunity for a hearing with rule. The Commission may, upon its own during the emergency found by. the Com respect to a particular application for a motion or upon the motion of any party mission or during the continuance of any new station, or for an extension or en to a proceeding, order the applicant to such national emergency or war, as spe largement of a service or facilities, and amend his application so as to make the cial temporary licenses, only for the pe the Commission has, after hearing or same more definite and certain. riod of emergency of war requiring such default, denied the application or dis action, without the filing of formal missed it with prejudice, the Commission § 21.25 Application for temporary applications. authorizations. will not consider a like application in P rocessing of Applications volving service of the same kind to the (a) In circumstances requiring im same area by the same applicant, or by mediate or temporary use of facilities, § 21.26 Receipt of application. his successor or assignee, or on behalf request may be made for special tempo (a) Applications received for filing of or for the benefit of the original parties rary authority to install and/or operate are given a file number. The assignment m interest, until after the lapse of 12 new or modified equipment. Any such of a file number to an application is months from the effective date of the request may be submitted as an informal merely for administrative convenience Commission’s order. The Comm ission application in the manner set forth in and does not indicate the acceptance of may, for good cause shown, waive the § 21.12 and must contain full particulars the application for filing and processing. requirements of this section. as to the proposed operation including Such assignment of a file number will (b) Where an appeal has been taken all facts sufficient to justify the tempo not preclude the subsequent return or from the action of the Commission deny- rary authority sought and the public in dismissal of the application if it is found mg a particular application, another ap terest therein. No such request will be to be not in accordance with the Com plication for the same class of station considered unless the request is received mission’s rules. and for the same area, in whole or in by the Commission at least 10 days prior (b) Acceptance of an application for Part, filed by the same applicant or by to the date of proposed construction or filing merely means that it has been the ms successor or assignee, or on behalf or operation or, where an extension is subject of a preliminary review as to lor the benefit of the original parties in sought, expiration date of the existing completeness. Such acceptance will not mterest, will not be considered until the temporary authorization. A request re preclude the subsequent return or dis nnai disposition of such appeal. ceived within less than 10 days may be missal of the application if it is found FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10442 RULES AND REGULATIONS to be defective or not in accordance with waived by the Commission based on good of the application, upon written petition the Commission’s rules-. (See § 21.13 for cause shown, any petition not filed within properly served upon all parties of rec additional information concerning filing the specified time will be deemed to be ord, and will be granted only for good of applications.) an informal objection in accordance with cause shown. Such petition must be ac (c) At regular intervals the Commis§ 21.30(c). companied by the affidavit of a person sion will issue a public notice listing ap Cd) [Reserved] with knowledge of the facts as to whether plications and major amendments there (e) If the Commission finds, on the or not consideration has been promised to to which have been accepted for filing. basis of the application, the pleadings or received by the petitioner, directly or filed, or other matters which it may indirectly, in connection with the filing of § 21.27 Processing of applications. officially notice, that there are no sub such petition. (a) All applications for instruments of stantial and material questions of fact (c) An applicant not desiring to pros authorization covered by this part and and that a grant of the application would ecute his application may request the dis major application amendments (as in be consistent with § 21.30(a), it shall missal of same without prejudice. A re dicated in § 21.23) are subject to the make the grant, deny the petition, and quest of an applicant for the return of provisions of this section^ except appli issue a concise statement of the reasons an application which has been accepted cations for: for denying the petition, which statement for filing will be considered as a request (1) A minor change in the facilities of shall dispose of all substantial issues to dismiss the same without prejudice. an authorized station, as indicated in raised by the petition. If a substantial Where an applicant fails to respond to § 21.23; and material question of fact is pre official correspondence or request for ad (2) Consent to an involuntary assign sented, or if the Commission, for any ditional material, the application will be ment or transfer under section 310(b) reason, is unable to find that grant of dismissed without prej udice. of the Communications Act or to an as the application would be consistent with (d) Any mutually exclusive applica signment or transfer thereunder which § 21.30(a), the Commission shall proceed tion filed after the date prescribed in does not involve a substantial change in as provided in paragraph (f) of this § 21.30(b) will be returned without prej ownership or control; § 21.27. udice and will be eligible for refiling only (3) A license under section 319(c) of (f) If, in the case of any application after a final decision is rendered by the the Communications Act or, pending ap to which § 21.30(a) applies, a substantial Commission with respect to the prior ap plication for or grant of such license, any and material question of fact is pre plication or applications or after such ap special or temporary authorization to sented, or the Commission, for any rea plication or applications are dismissed or permit interim operation to facilitate son, is unable to make the finding removed from the hearing docket. completion of authorized construction or specified in that section, it shall formally to provide substantially the same service designate the application for hearing on § 21.29 Partial grants. as would be authorized by such license; the grounds or reasons then obtaining Where the Commission, without a (4) Extension of time to complete con and shairforthwith notify the applicant hearing, grants any application in part, struction of authorized facilities; and all other known parties in interest or with any privileges, terms, or condi (5) An authorization of facilities for of such action and the grounds and rea tions other than those requested, or sub remote pickups, studio links and similar sons therefor, specifying with particu ject to any interference that may result facilities for use in the operation of a larity the matters and things in issue, to the station if a designated application broadcast station; but not including issues or requirements or applications are subsequently granted, (6) A temporary authorization pursu phrased generally. Before an application the applicant will be informed of the ant to § 21.25(b). may be considered to be mutually ex reasons for such action and the action of (7) An authorization under any of the clusive with the application or applica the Commission shall be considered as a proviso clauses of section 308(a) of the tions so designated for hearing, the grant of such application unless the ap Communications Act. filing of the later application must be plicant shall, within 20 days from the (b) No application acceptable for fil consistent with § 21.30(b). When the date on which public announcement of ing and subject to the provisions of this Commission has so designated an appli such grant is made, or from its effective section shall be granted by the Commis cation for hearing, any party in interest date if a later date is specified, return sion earlier than 30 days following issu who is not notified by the Commission the instrument of authorization and file ance of public notice by the Commission of such action, may acquire the status with the Commission a written statement of the acceptance for filing of such ap of a party to the proceeding thereon by rejecting the grant as made and setting plication or of any major amendment filing a petition for intervention, show forth the reasons why the application thereof. ing the basis of his interest, at any time should be granted as originally requested. (c) Any party in interest may file with not more than 30 days after the publica Upon receipt of such statement, the Com the Commission a petition to deny any tion in the F ederal R egister of the hear mission' will vacate its original action application (whether as originally filed ing issues or any substantial amendment upon the application and reconsider the or as amended) to which paragraph (a) thereto. Any hearing subsequently held same. Upon such reconsideration, it will of this section applies, no later than 30 upon such application shall be a full either grant or set the duplication for days after issuance of a public notice of hearing in which the applicant and all hearing in the same manner as other ap the acceptance for filing of any such ap other parties in interest shall be per plications are set for hearing. plication or major amendment thereto. mitted to participate. The burden of pro § 21.30 Grants without hearing. ceeding with the introduction of evi The petitioner shall serve a copy of such (a) Where an application for radio fa petition on the applicant no later than dence and the burden of proof shall be upon the applicant, except that, with cilities is proper on its face and, where the date of filing thereof with the Com it appears from an examination of the mission. The petition shall contain spe respect to any issue presented by a pe tition to deny or a petition to enlarge application, supporting data, and such cific allegations of fact sufficient to show other matters as the Commission may of that the petitioner is a party in interest the issues, such burdens shall be as determined by the Commission. ficially notice, that (1) the applicant is and that a grant of the application would legally, technically, financially and be prima facie inconsistent with § 21.30). § 21.28 Dismissal and return of appli otherwise qualified; (2) a grant of the Such allegations of fact shall, except for cations. application would not cause harmful in those of which official notice may be (a) Any application may be dismissed terference to an existing Station or sta taken, be supported by affidavit of a without prejudice as a matter’ of right tions for which a construction permit is person or persons with* personal knowl prior to the designation of such applica outstanding within its service area; (3) edge thereof. The applicant may file an tion for hearing. a grant of the application would not pre opposition to any petition to^deny, and clude the grant of any pending applica the petitioner may file a reply to such (b) Requests to dismiss an applica tion without prejudice after it has been tions; and (4) a grant of the application opposition (see §1.45 of this chapter) would serve the public interest, conveni and allegations of fact or denials thereof designated for hearing will be considered only before public notice of the issuance ence or necessity, the Commission will shall similarly be supported by affidavit. grant the application without a hearing. Unless the foregoing time limitations are of a proposed decision proposing denial FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 RULES AND REGULATIONS 10443 (b) In making its determinations pur (d) If a petition to deny the applicaeach construction permit for a radio sta suant to the provisions of paragraph tion has been filed in accordance with tion in the Domestic Public Radio Serv (a) of this section, the Commission will § 21.27, and the Commission makes the ices will specify the date of grant as not consider any other application, or grant in accordance with paragraph (a) the earliest date of commencement of any other application amended so as of this section, the Commission will deny construction, and a maximum of 8 to constitute a major change therein (as the petition and issue a concise state months from the date of grant as the defined in § 21.23), as being mutually ment setting forth the reasons for denial time within which construction will be exclusive with the application or appli and disposing of all substantial issues completed and the station ready for op cations under consideration unless such raised by the petition. eration, unless otherwise determined by other application was substantially com § 21.31 Conditional grants. the Commission upon proper showing in plete and tendered for filing by which any particular case (see §§ 21.14(d) and ever date is earlier: (1) The close of Where a grant of the application 21.34(a)). business 1 business day preceding the would preclude the grant of an appli day on which the Commission takes ac cation or applications mutually exclu (b) For stations in the Point-to-Point tion with respect to the application un sive with it, the Commission may, if Microwave Radio Service, and except as der consideration; or (2) within 60 days public interest will be served thereby, may be limited by § 21.35(b), the con after the date of the public notice listing make a conditional grant of one or more struction permit issued by the Commis the first prior application (with which of such mutually exclusive applications sion will specify the date of grant as the the subsequent application is in conflict) and designate all of the mutually exclu earliest date of commencement of con as having been accepted for filing. An sive applications for hearing. Such con struction and a maximum of 18 months application which is subsequently ditional grant will be made upon the ex thereafter as the time within which con amended by a major change will, for press condition that it is subject to being struction shall be completed and the sta the purposes of this section, be consid withdrawn if, at the hearing, it is shown tion be ready for operation, unless ered to be a newly filed application. otherwise determined by the Commission that public interest will be better served upon proper showing in any particular Where major changes which do not re by a grant of one of the other applica case. late to the mutually exclusive aspect of tions. Such conditional grants will be a proceeding are warranted, or in the issued only where it appears: § 21.34 Forfeiture of station authoriza case of multiple mutually exclusive is (a) That some or all of the applica tions. sues where the warranted major changes tions were -not filed in good faith but (a) A construction permit shall be serve to resolve one or more of the issues were filed for the purpose of delaying or automatically forfeited if construction but do not relate to the mutually ex hindering the grant of another applica has not been commenced within the time clusive aspect of the proceeding, such tion; or specified therein or if the station is not changes or amendments will not serve (b) That public interest requires the ready for operation within the term of to alter the existing mutually exclusive prompt establishment of radio service in the construction permit, or within such status so long as new conflicts are not a particular community or area; or additional time as the Commission may created. An application filed after the (c) The grant of one or more applica have allowed upon a proper showing, appointed date as specified herein will tions would be in the public interest and upon FCC Form 701 filed prior to the be subject to disposal in accordance with that a delay in making a grant to any date sought to be extended, that failure the provisions of § 21.28. As an exception, applicant until after the conclusion of to commence or complete construction however, in dealing with the frequency a hearing on all applications might was due to causes not under the control bands 3700-4200 and 5925-6425 Mc/s, jeopardize the rights of the United of the permittee (see §§ 21.14(d) and which are shared on a coequal, pri States under the provisions of an inter 21.33). mary basis by the Point-to-Point Micro- national agreement to the use of the (b) A license or special temporary au- wave Radio Service under this part and frequency in question; or the Communication Satellite Service un thorizaton shall be automatically for der Part 25 of this chapter, the Commis (d) That a grant of one application feited upon the expiration date specified sion may consider planned future ex would be in the public interest in that therein unless prior thereto an applica pansion of existing communication- it appears from an examination of the tion for renewal of such license or au satellite earth stations as being mutually remaining applications that they cannot thorization shall have been filed with exclusive with the application under con be granted because they are in viola the Commission (see § 21.14(f)). sideration if brought to the attention of tion of provisions of the Communica tions Act, or of other statutes, or of the §21.35 License period. the Commission by the close of business provisions of this chapter. (a) Licenses for stations in the Do 1 business day preceding the day on mestic Public Land Mobile Radio, Rural which the Commission takes action with § 21.32 Transfer and assignment of sta Radio, Point-to-Point Microwave Radio respect to the application under consid tion authorization. and Local Television Transmission Serv eration. To qualify for such mutual con- A station authorization, the frequen ices will be issued for a period not to ex sideration the earth station must lie cies authorized to be used by the grantee ceed 5 years; in the case of common within coordination distance of the site of such authorization, and the rights carrier Television STL and Television of the point-to-point station in question therein granted by such authorization Pickup stations to which are assigned and the earth station licensee must be shall not be transferred, assigned, or frequencies allocated to the broadcast able to document his planned expansion disposed of in whole or in part, in any services, the authorization to use such to the satisfaction of the Commission, manner, voluntary or involuntary, di frequencies shall, in any event, terminate Reciprocal treatment shall be afforded rectly or indirectly, or by transfer of simultaneously with the expiration of the stations in the Point-to-Point Micro- control of any corporation holding such authorization for the broadcast station wave Service in Part 25 of this chapter. authorization, to any person, except to which such service is rendered; except (c) Before Commission action on any upon application to the Commission and that licenses for developmental stations application for an instrument of au upon finding by the Commission that the will be issued for a period not to exceed thorization, other than a license pur public interest, convenience and neces 1 year. The expiration date of licenses of suant to a construction permit, any per sity will be served thereby. Requests for miscellaneous common carriers in the son may file informal objections to a authority of the type referred to herein Domestic Public Land Mobile Radio grant thereof. Such objections shall be shall be submitted on the forms pre Service shall be the first day of April in signed by the objector. The limitation on scribed by § 21.14(h) and shall be ac the year of expiration; the expiration Pleadings provided in § 1.45 of this chap companied by the further showing re date of licenses of telephone company ter shall not be applicable to any objec quired by § 21.14(h). tions filed pursuant to this section. Such common carriers in the Domestic Public § 21.33 Period of construction. Land Mobile Radio Service shall be the informal objections will be considered by first day of July in the year of expiration; the Commission but will not be accorded (a) Except for stations in the Point- except, however, that the expiration date the formal status of petitions as set forth to-Point Microwave Radio Service, and m § 21.27. of the licenses of miscellaneous common except as may be limited by § 21.35(b), carriers and telephone company common FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10444 RULES AND REGULATIONS carriers in the Domestic Public Land Mo in charge of its district with complete tify the Commission and the engineer bile Radio Service authorized pursuant technical details including a computa in charge of the radio district in which to § 21.521 shall be the first day of Sep tion of the effective radiated power and the station is located of such change tember in the year of expiration; the ex all other pertinent information together and indicate the change on the next ap piration date of licenses in the Rural with the certification of the person re plication for renewal of license or in the Radio Service shall be the first day of sponsible for preparing the information next application for modification of li November in the year of expiration; the (c.f. §§ 21.121(c) and 21.15(g) ). cense, whichever is filed first. Prior au expiration date of licenses in the Point- 3. Section 21.110(d) is amended by the thorization, by first securing a modifica to-Point Microwave Radios and Local tion of the license, must be obtained when Television Transmission Services shall be addition of the following sentence: a licensee desires to move the installation the first day oL February in the year of §21.110 Antenna polarization. of any control point beyond the boundary expiration; and the expiration date of * * * * * of the city, borough, town, or community developmental licenses shall be 1 year (d) * * * No change in polarization where the control point is authorized or from the date of grant thereof. When, a shall be made without prior authoriza when dispatching is being performed by license is granted subsequent to the last tion from the Commission. persons other than the employees of the renewal date of the class of license in licensee or by a telephone ; answering volved, the license shall be issued only for 4. Section 21.111 is amended by Chang service : Provided, however, That the tele the unexpired period of the current li ing the reference at the end to read: phone answering service and the dis cense term of such class. § 21.111 Simultaneous use of common patching agreement have not been (b) The Commission reserves the right antenna structure. changed in any respect. to grant or renew station licenses in * * * (see §§ 21.15(f) and 21.109(b) ). * * * * * these services for a shorter period of time 9. In § 21.121, a new paragraph (d) than that generally prescribed for such 5. Section 21.113 is amended by the stations if, in iti judgment, public inter addition of the following sentence: is added to read: est, convenience, or necessity would be § 21.113 Description of station location. § 21.121 Replacement of equipment. served by such action. * * * * * » (c) Upon the expiration or termina * * * In the point-to-point services authorized under this part, the antenna (d) The permittee or licensee of a tion of any station license, any related station in this service may replace or construction permit, which bears a later site at each terminal receiving location shall be described in the same manner. change equipment, other than that expiration date, shall be automatically specified in §§ 21.109(a) and 21.121(a), terminated concurrently with the related 6. Section 21.114 is revised to read: including the transmission line and other station license, unless it shall have been §21.114 Temporary fixed antenna devices between the transmitter and an determined by the Commission that the height restrictions. tenna if, after such change or addition public interest, convenience or necessity The overall antenna structure heights the effective radiated power of the sta would be served by continuing in effect tion in any direction is not decreased by said construction permit. employed by mobile stations in the Local more than 1.5 db below that specified III. Subpart C of Part 21 is amended Television Transmission Service and by in the application for which authoriza as follows: stations authorized to operate at tem tion was issued. Prior authorization from 1. Section 21.108(d) is amended by porary fixed locations shall not exceed the Commission is required if, after changing the final period to a comma the height criteria set forth in § 17.7 of such changes the effective radiated power and adding the following: this chapter, unless, in each instance, authorization for use of a spécifié maxi in any direction would be increased. § 21.108 Directional antennas. mum antenna height (above ground and Within 30 days after making any changes * * * * * not requiring prior authorization, the above mean sea level) for each location permittee or licensee shall report the (d) * * *, and in the center of thehas been obtained from the Commission same to the Commission and to the major lobe of radiation from the passive prior to erection of the antenna. Re Engineer in Charge of its district with reflector directed toward the receiving quests for such authorization shall show complete technical details including a station with which it communicates. the inclusive dates of the proposed op- •eration. (Complete information as to computation of the effective radiated 2. In § 21.109, the headnote and para rules concerning the construction, mark power and all other pertinent informa graph (b) are amended to read: tion together with the certification of ing and lighting of antenna structures is the person responsible for preparing the § 21.109 Antenna, tower, and transmit contained in Part 17 of this chapter.) information. (Cf. §§ 21.121(c) an d 21.15). ting systems changes. § 21.116 [Amended] "IV. Subpart D of Part 21 is amended f * * * * * 7. In the fifth sentence of § 21.116 the as follows: (b) No replacement or change of word “radically” is changed to “radially”. 1. In § 21.201, paragraph (a) is antenna or antenna structure shall be amended to read : effected, except as noted below, without 8. In § 21.118, paragraph (d) is prior authorization from the Commis amended to read: § 21.201 Posting of station authoriza sion if after such replacement or § 21.118 Transmitter construction and tions. change, there would be an increase in installation. (a) The station permit, license or the gain of the antenna in any direc * * * * * other authorization shall be posted at tion or increase in the overall structure (d) Each station in these services,the authorized control point of the sta height: Provided, however, That changes which is required to have a person on tion, or, if none, at the station location. may be made without prior authoriza duty and in charge of the station’s op A photocopy may be posted in lieu of the tion from the Commission where: The erations during the normal rendition of original authorization if it is certified power gain in any direction is not service, shall be provided with at least as to authenticity by an officer or duly decreased by more than 1.5 db below one control point (see § 21.205). Where authorized employee of the licensee or that specified in the application for a control point is authorized within the permittee and if it is annotated with the which authorization was issued; antenna boundary of a city, borough, town, or location of the original. If not posted at height changes or corrections do not community, and the dispatching is han vary more than 2 feet from the height the station or a control point, the original dled by the licensee’s own employees or authorization shall be posted at the authorized and do not increase the by a telephone answering service pur overall structure height; or antenna di suant to a dispatch agreement, the li licensee’s alarm center or maintenance rectivity changes do not vary more censee of a station may move the instal facility responsible for the station. (See than 1° from the values authorized. lation of such control point without prior also § 1.62 of this chapter.) Within 30 days after making any changes not requiring prior authoriza authorization within the boundary of * * * * * tion the licensee shall report the same such city, borough, town or community: 2. The text of § 21.204 preceding the to the Commission and to the engineer Provided, That the licensee promptly no note is amended to read: FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 RULES AND REGULATIONS 10445 § 21.204 FCC publication required for §21.208 Station records. paratus, the answer shall state fully reference. ***** what steps have been taken to prevent For reference purposes, the permittee (f) For each station whose antenna future violations, and, if any new ap or licensee of radio facilities in. the structure is required to be illuminated, paratus is to be installed, the date such Domestic Public Radio Services shall appropriate entries shall be made in the apparatus was ordered, the name of the maintain and have available at the station’s technical log in conformity with manufacturer, and promised date of principal control point, or alarm center, the requirements of Part 17 of this delivery. If the installation of such ap or at the transmitter location, or main chapter. paratus requires a construction permit, tenance center for the station, a current ***** the file number of the application shall copy of this Part 21 (available at the be given or, if a file number has not been Superintendent of Documents, Govern 6. In § 21.212, paragraph (f) is added assigned by the Commission, such iden ment Printing Office, Washington, D.C. to read: tification as will permit ready reference 20402). § 21.212 Equipment, service and mainte thereto. If the notice of violation relates ♦ * * * * nance tests. to inadequate maintenance resulting in 3. In § 21.205, paragraphs (d), (j), * * * * * improper operation of the transmitter, and (1) are amended to read: (f) Where a facility is to be con the name and license number of the structed and operated pursuant to a operator performing the maintenance § 21.205 Operator requirements. temporary authorization, the Commis shall be given. I f ,the notice of violation * ♦ * * * sion and the engineer in charge of the relates to Some lack of attention to, or (d) In all Cases, except where manual district in which the facility, is located improper operatimi of, the transmitter radiotelegraph keying is employed, the shall be notified upon commencement of by other employees, the reply shall set person responsible for the technical operation. t ' forth the steps taken to prevent a recur installation, servicing and maintenance rence of such lack of attention or of a radio, station in these services shall 7. In § 21.213, the last sentence of para improper operation. hold a first- or second-class commercial graph (a) is amended and paragraph 2. In § 21.305, the headnote is amended radiotelephone or radiotelegraph license (b)(4) is deleted and the word “Re to read: issued by the Commission. served” inserted to read: § 21.305 Reports required concerning * * * * * §21.213 Station identification. amendments to charters and partner (j) TV pickup stations, microwave (a) * * * In any such case, the ship agreements. auxiliary stations, and developmental identifying call sign shall be transmitted ***** stations shall be operated during the immediately following the conclusion of course of normal rendition of service 3. In § 21.306, the second sentence is the message, radiophoto or program : amended to commence as follows: under the effective operational control Provided, That the requirement for of a person holding a first- or second- transmission of station identification is § 21.306 Requirement that permittees class commercial radiotelephone or ra waived for fixed stations employing con and licensees respond to official diotelegraph operator license issued by tinuous radiation with multichannel or communications. the Commission. video transmission and for the exclusive * * * Failure to do so * * * * * * * * channel common to all base stations VI. Subpart F is amended as follows: (1) Except under the circumstanceswhich are specifically authorized to com 1. In § 21.401, paragraph (b) is re specified in paragraphs (g) through (j) municate with airborne stations in the designated paragraph (c) and a new of this section, during the- course of nor Domestic Public Land Mobile Radio paragraph (b) is added to read: mal rendition of service, no person is Service. required to be in attendance at a station (b) * * * § 21.401 Scope of service. installed at a specified fixed location pro (4) [Reserved] ***** vided (1) licensed radio personnel re ***** (b) In the Point-to-Point Microwave sponsible for the maintenance of the V. Subpart E of Part 21 is amended asand Local Television Services, the testing radio station are continuously available follows : of existing or authorized antennas, wave on call at a location which will assure ex guides or transmission paths; or peditious performance of such technical 1. Section 21.302 Is revised to read: * * * * * servicing and maintenance as may be § 21.302 Answers to notices of violation. necessary, and (2) the quality of trans VII. Subpart G is amended as follows: mission over such station is subject to the Any person receiving official notice of 1. In § 21.501, the introductory texts supervision of the licensee’s responsible a violation of the terms of the Communi of paragraphs (a), (b), and (c), and the operating personnel for the radio system cations Act of 1934, as amended, any oth table and footnote of paragraph (f) are with which the unattended station is di er Federal statute or executive order per amended to read: rectly associated. taining to radio or wire communications or any international radio or wire com § 21.501 Frequencies. ***** munications treaty or convention, or * * * * * 4. Section 21.206 is revised to read: regulations annexed thereto to which the (a) For assignment, in accordance § 21.206 Inspection and maintenance of United States is a party, or the rules and with the zone allocation plan, to stations antenna structure marking and light- regulations of the Federal Communica of communication common carriers ing, and associated control equip tions Commission, shall, within 10 days which are also in the business of afford ment. from such receipt, send a written answer ing public landline message telephone The licensee of any radio station to the office of the Commission originat service, for general and dispatch com which has an antenna structure required ing the official notice. If an answer can munications (provided that signaling to be painted and illuminated pursuant to not be sent or an acknowledgment made communications may also be furnished the provisions of section 303 (q) of the within such 10-day period by reason of on a secondary basis by any facility ren Communications Act of 1934, as amended, illness or other unavoidable circum dering such general or dispatch service). and Part 17 of this chapter, shall per stances, acknowledgment and answer The frequencies specified may be used in form the inspection and maintain the shall be made at the earliest practicable adjoining zones within moderate dis date with a satisfactory explanation of tances of the respective zone boundaries tower marking and lighting, and asso the delay. The answer to each notice shall ciated control equipment, in accordance to permit continuous service to mobile be complete in itself and shall not be units transiting such zone boundaries. with the requirements set forth in Part 17 abbreviated by reference to other com of this chapter. munications or answers to other notices. ***** If the notice relates to some violation (b) For assignment, to stations of 5- In § 21.208, paragraph (f ) is amended to read: that may be due to the physical or elec communication common carriers en trical characteristics of transmitting ap gaged also in the business of affording FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10446 RULES AND REGULATIONS public landline message telephone serv 73.0-74.6 Mc/s may continue to be author widths 40 kc/s and deviations 15 kc/s. ized without change and with bandwidth New footnote 2 reads as follows: ice, for general and dispatch communica of 40 kc/s and frequency deviation of 15 tions (provided that signaling commu kc/s. New or modified facilities in the fre § 21.604 Emission limitations. nications may also be furnished on a quency band 73.0-74.6 Mc/s will not be secondary basis by any facility rendering authorized. (a) * * * such general or dispatch service) : 2 In the frequency bands 72.0-73.0 and 75.4- ***** 76.0 Mc/s, radio facilities using frequency ***** 3. In § 21.516, the headnote, the intromodulated or phase modulated emission will (c) For assignment to stations of comductory text, the introductory text of be authorized with maximum bandwidth or munication common carriers not also paragraph (b) are amended, and new 20 kc/s and maximum frequency deviation engaged in the business of providing a subparagraphs (4) and (5) are added of 5 kc/s. Radio facilities which were author public landline message telephone serv to paragraph (b) to read: ized for operation on December 1, 1961, in ice for general and dispatch communica the frequency band 73.0-74.6 Mc/s may con tions (provided that signaling commu § 21.516 Additional showing required tinue to be authorized without change and with application for assignment of with bandwidth, of 40 kc/s and frequency nications may also be furnished on a additional channel or channels. deviation of 15 kc/s. New or modified facili secondary basis by any facility rendering ties in the frequency band 73.0-74.6 Mc/s such general or dispatch service) : An application requesting the assign will not be authorized. ♦ * * * ♦ ment of an additional channel or chan ***** * * nels at an existing Domestic Public Land (Ï) * Mobile radio station (other than control, 2. In § 21.610(a), subparagraphs (1) 72-76 Mc/s Band1 , ■ dispatch or repeater), in addition to the and (4) are amended to read: Mc/s Mc/s Mc/s Mc/s information required by other sections of § 21.610 Rural subscriber, interoffice, 72.02 72.42 72.82 75.62 the rules, shall include a showing of the and central office stations at tempo 72.04 72.84 75.64 following: rary fixed locations. 72.06 72.46 72.86 75.66 * * * * * 72.08 72.88 75.68 (a) * * * 72.10 72.50 72.90 75.70 (b) Data showing the actual traffic (1) When a fixed station is to remain 72.12 72.92 75.72 loading on each channel assignment of at a single location for less than 6 72.14 72.54 72.94 75.74 the present radio systems during the months and the location is considered to 72.16 72.96 75.76 busiest 12-hour periods on 3 days be temporary, services which are initially 72.18 72.58 72.98 75.78 (within a 7-day period) having normal known to be for longer than 6 months’ 72.20 75.42 75.80 72.22 72.62 75.82 message traffic not more than 60 days duration shall not be provided under a 72.24 72.64 75.46 75.84 prior to the date of filing. This informa temporary fixed authorization but ren 72.26 72.66 75.86 tion should be reported separately for dered pursuant to a regular license. 72.28 72.68 75.50 75.88 each of the 3 days selected, which should ***** 72.30 72.70 75.90 be identified by dates, and should dis 72.32 72.72 75.54 75.92 close the following: (4) The antenna structure height em 72.34 72.74 75.94- ployed at any location shall not exceed 72.36 72.76 75.58 75.96 * * * * * the criteria set forth in § 17.7 of this 72.38 72.78 75.98 (4) For systems that provide one-way chapter unless, in each instance, author 72.40 72.80 signaling as a primary service, (i) the ization for use of a specific maximum 1 Assignments :made to stations oh frequen- number of mobile receivers in operation antenna structure height has been ob cies in this band are subject to the condition during the study period, (ii) the number tained from the Commission prior to that no harmful Interference will he caused of calls held, (iii) the total holding time; erection of the antenna. Requests for to operational fixed stations or reception of or for systems that do not provide mes such authorization shall be accompanied television stations on channels 4 or 5. (See § 21.103.) Existing stations authorized in sage relay service, (iv) the total number by PCQ Form 714 and a sketch of the the 73 to 74.6 Mc/s band as of Dec. 1, 1961, of minutes the channel is utilized for proposed antenna structure. may continue to operate, are not required to transmission between the base station ***** afford protection to the radio astronomy and the mobile receiver during each 3. In § 21.611, the present paragraph service, and must comply with the following hour. (b) is redesignated (c) and a new para technical specifications: (5) Such other additional information graph (b) is added to read: Frequency Tolerance: .005 percent. which may more accurately reflect chan Frequency TJeviation: ±15 kc/s. nel loading, and any further informa § 21.611 Notification of station opera Authorized Bandwidth: 40 kc/s. tion which may be applicable and tion at temporary locations. Modulation Limiter: Required of transmitter pertinent to the application. ***** authorized or installed after July 1, 1950. -4. In § 21.520(a), subparagraphs (3) (b) Less than 2 days advance notice Audio Low Pass Filter: Not required. and (5) are amended to read: may be given when circumstances require ***** §21.520 Notification of operation of shorter notice provided such notice is 2. In § 21.507(b), the table is amended dispatch station without specific promptly given and the reasons in sup by adding footnote 2 to the 50-150 Mc/s authorization. port of such shorter notice are stated. band at F3 in front of the bandwidth ***** 40 kc/s and the deviation 15 kc/s. New (a) * * * footnote 2 reads as follows: (3) The name of the manufacturer, IX. Subpart I is amended as follows: type number and rated power output of 1. § 21.701, paragraph (d) is amended § 21.507 Bandwidth and emission limi transmitter to be installed. and paragraph (g) is deleted and the tations. word “Reserved" inserted to read: ***** ***** (b) * * * (5) The overall height of the trans§ 21.701 Frequencies. mitting antenna structure in feet above * * * * * 2 In the frequency bands 72.0-73.0 and ground and above mean sea level. 75.4-76.0 Mc/s, radio facilities using fre (d) The following frequencies are quency modulated or phase modulated emis ***** allocated for assignment to control sta sion will be authorized with maximum vttt Subpart H is amended as follows: tions in this service on a shared with bandwidth of 20 kc/s and maximum fre 1. In § 21.604(a), the table is amendedother radio services; upon a satisfactory quency deviation of 5 kc/s. Radio facilities showing that it is impracticable to use which were authorized for operation on by adding footnote 2 to the 50-150 Mc/s December 1, 1961, in the frequency band band at F3 and F4 in front of the band- wire lines: FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 RULES AND REGULATIONS 10447 72-76 Mc/s Band1 (4) The antenna structure height em § 21.808 Notification of station opera Mc/s Mc/s Mc/s Mc/s ployed at any location shall not exceed tion at temporary locations. 72.02 72.42 72.82 75.62 the criteria set forth in § 17.7 of this 72.04 72.84 75.64 chapter unless, in each instance, authori (a) The licensee of stations which are 72.06 72.46 72.86 75.66 zation for use of a specific maximum an authorized pursuant to the provisions of 72.08 72.88 75.68 § 21.807 shall notify the Commission, and 72.10 72.50 72.90 75.70 tenna structure height for each loca 72.12 72.92 75.72 tion has been obtained from the Com its engineer in charge of the radio dis 72.14 72.54 72.94 75.74 mission prior to erection of the antenna. trict wherein operation is to be conduct 72.16 72.96 75.76 See § 21.114. ed, of each period of operation at least 72.18 72.58 72.98 75.78 ***** 72.20 75.42 75.80 5 days prior to installation of the facili 72.22 72.62 75.82 5. In § 21.708, the introductory text,ties. This notification shall include: 72.24 72.64 75.46 75.84 subparagraphs (1) and (2) are amended, (1) The call sign, manufacturer’s 72.26 72.66 75.86 and (8) added in paragraph (a) ; and 72.28 72.68 75.50 75.88 paragraph (b) is amended to read: name, type or model number, output 72.30 72.70 75.90 power and specific location of the trans 72.32 ' 72.72 75.54 75.92 § 21.708 Notification of station opera mitter (s). 72.34 72.74 75.94 tion at temporary fixed locations. 72.36 72.76 75.58 75.96 (2) The maintenance location for the 72.38 72.78 75.98 (a) The licensee of stations which are transmitter. 72.40 72.80 authorized pursuant to the provisions of § 21.707 shall notify the Commission, and ***** 1 Assignments made to stations on frei its engineer in charge of the radio dis (7) Where the notification contem cies in this band are subject to the condition trict wherein operation is to be con plates initially a service which is to be that no harmful interference will be caused to operational fixed stations or reception of ducted, at least 5 days prior to installa rendered for a period longer than 90 television stations on channels 4 or 5 (See tion of the facilities, stating: days, the notification shall contain a §21.103). (1) The call sign, manufacturer’s showing as to why application should name, type or model number, output not be made for regular authorization. power and specific location of the trans- (g) [Reserved] m itter(s). ***** (2) The maintenance location for the Appendix B 2. In § 21.703(e), the table is amendedtransmitter. Comments were filed by : by adding footnote 2 to the 50-150 Mc/s ***** band at F3 in front of the bandwidth 40 All City Telephone Answering Service. (8) Where the notification contem Allen C. Moore, doing business as Moores kc/s and the deviation 15 kc/s. New foot Service. noted reads as follows: plates initially a service which is to be rendered for a period longer than 90 American Telephone & Telegraph Co. § 21.703 Bandwidth and emission limi days, the notification shall contain a Am-Tex Dispatch Service. tations. Ans-A-Phone Communications, Inc. showing as to why application should not Answerphone, Inc. * * * * * * be made for regular authorization. Auto-Phone Co. (e) * * * (b) Less than 5 days advance notice Autophone of San Antonio. Business and Professional Men’s Exchange, 2 In the frequency bands 72.0-73.0 and may be given when circumstances re Inc. 75.4-76.0 Mc/s, radio facilities using fre quire shorter notice provided such no Business Communications, Inc. quency modulated or phase modulated emis tice is promptly given and the reasons Cahill Answering Services, Inc. sion will be authorized with maximum band in support of such shorter notice are Caprock Communications, Inc., doing busi width of 20 kc/s and maximum frequency stated. ness as Caprock Radio Dispatch. deviation oJT"5 kc/s. Radio facilities which ***** Communications Industries, Inc. were authorized for operation on Dec. 1, Credit Bureau of Decatur, Inc. 1961, in the frequency band 73.0-74.6 Mc/s X. Subpart J is amended as follows: Dakota Radio Paging, Inc. may continue to be authorized without 1. In § 21.807(a), subparagraphs (1) General Communications, Inc. change and with bandwidth of 40 kc/s and and (4) are amended to read: General Communications Service, Inc. frequency deviation of 15 kc/s. New or modi GT&E Service Corp. fied facilities in the frequency band 73.0- § 21.807 Stations at temporary fixed Hawaiian Telephone Co. 74.6 Mc/s will not be authorized. locations. Imperial Communications Corp. * * * * * (a) * * * Joseph Giorgianni. Kankakee Telephone Answering Service, Inc. 3. In § 21.705, the following sentence (1) When a fixed station is to remain KSJ 267. is added to read: at a single location for less than 6 Lett Electronics. § 21.705 Permissible communications months, the location is considered to be Mahaffey Message Relay. temporary. ‘Services which are initially Margaret Walsh. * * * In authorizations classed known to be of longer than 6 months’ Mobile Radio Dispatch Service, Inc. fixed video, the services permissible* s duration shall not be provided under a Morris Communications, Inc. limited to the carriage of video sign: temporary fixed authorization but ren Motorola Communications and Electronics, and their associated audio signals unli dered pursuant to a regular license. Inc. otherwise conditioned. National Association of Radiotelephone ***** Systems. 4. in § 21.707(a), subparagraphs < Page-A-Pone Corp. and (4) are amended to read: (4) The antenna structure height em ployed at any location shall not exceed Paging Montgomery, Inc. § 21.707 Stations at temporary fix the criteria set forth in § 17.7 of this Philadelphia Mobile Telephone Co. and The locations. Mobile Telephone Co. chapter unless, in each instance, author Radio Page of Michiana, Inc. (a) * * * ization for use of a specific maximum Radio Paging Service. (1) When a fixed station is to remain atantenna structure height for each loca Ranch Radio, Inc. a smgie location for less than 6 months, tion has been obtained from the Com RCC of Virginia, Inc. *ne location is considered to be tempo mission prior to erection of the an R. L. Mohr, doing business as Advanced tenna. See § 21.114. Electronics. rary. Services which are initially known R. L. Mohr, doing business as Radiooall. 5? be of longer than 6 months’ duration ***** R. O. Deaderick Co. snail not be provided under a temporary 2. In § 21.808(a), the introductory Susquehanna Mobile Communications, Inc. xed authorization but rendered pursu text, subparagraphs (1) and (2) are U.S. Independent Telephone Association. ant to a regular license. amended and new subparagraph (7) is [P.R. Doc. 70-8091; Filed, June 25, 1970; ***** added to read: 8:46 a.m.] No. 124----- 4 FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10448 RULES AND REGULATIONS [S.O. 1044] ice Division, as agent of the railroads Title 49— TRANSPORTATION subscribing to the car service and per PART 1033— CAR SERVICE diem agreement under the terms of that Chapter X— Interstate Commerce Chicago and North Western Railway agreement; and that notice of this order Commission Co. Authorized To Operate Over shall be given to the general public by depositing a copy in the Office of the PART 1000— THE COMMISSION Tracks of Burlington Northern, Inc. Secretary of the Commission at Wash PART 1100— GENERAL RULES OF At a session of the Interstate Com ington, D.C., and by filing- it with the PRACTICE merce Commission, Railroad Service Director, Office of the Federal Register. Board, held in Washington, D.C., on the Establishment of Tariff Rules Board By the Commission, Railroad Service 22d day of June 1970. Board. At a general session of the Interstate It appearing that the Chicago and Commerce Commission, held at its office North Western Railway Co. and the [seal] H. N eil G arson, in Washington, D.C., on che 10th day of Burlington Northern, Inc., are parties to Secretary. June 1970. a trackage rights application to permit [F.R. Doc. 70-8114; Filed, June 25, 1970; It appearing, that under the provi the Chicago and North Western Railway 8:48 a.m.] sions of section 17 of the Interstate Co. to operate over tracks of the Burling Commerce Act, as amended (49 U.S.C. ton Northern, Inc., between Farmington 17), the Commission has created a new and Norris, 111.; that there is an urgent board to bet called the Tariff Rules Board demand from an industry at Norris to Title 50— WILDLIFE AND which will have initial jurisdiction over ship coal to a public utility located on the promulgation or prescription of regu the Chicago and North Western Rail FISHERIES lations governing the form and manner way Co.; that the public utility is criti in which tariffs or schedules required to cally short ofcoal for electric generation; Chapter I— Bureau of Sport Fisheries be filed are to be published, filed, and that the Commission is of the opinion and Wildlife, Fish and Wildlife posted, and in order to give effect to the that operation of the Chicago and North Service, Department of the Interior creation of the Tariff Rules Board, cer Western Railway Co. over tracks of the tain provisions of Chapter X of Title 49 Burlington Northern, Inc., is necessary SUBCHAPTER B— HUNTING AND POSSESSION OF of the Code of Federal Regulations will in the interest of the public and the WILDLIFE require amendment: commerce of the people pending approval PART 10— MIGRATORY BIRDS It is ordered, That Chapter X of Title of the application in Finance Docket No. 49 of the Code of Federal Regulations be 26227; that notice and public procedure Hunting Seasons for Puerto Rico and amended as follows: herein are impractical and contrary to the Virgin Islands, 1970—71 the public interest; and that good cause 1. Appendix I to Subpart B of Part There was published in the F ederal 1000 under the “Bureau of Traffic” is exists for making this order effective upon less than 30 days’ notice: R egister of May 27, 1970, beginning on amended as follows: page 8285 (35 F.R. 8285) a notice of pro Appendix I—List op Employees R equired It is ordered, That: posed rule making to issue regulations To Submit ICC F orm No. 1164 § 1033.1044 Service Order No. 1044. governing the hunting of doves, pigeons, * * * * * (a) Chicago and North Western Rail ducks, coots, gallinules, and Wilson’s ' BUREAU OP TRAFFIC way Co. authorized to operate over tracks snipe in Puerto Rico; and for doves in the * ♦ * * * of the Burlington Northern, Inc. The Virgin Islands. The taking of the desig 8. Chairman and Members, The Tariff Chicago and North Western Railway nated species of migratory game birds is Rules Board. Co. be, and it is hereby, authorized to presently prohibited. 2. In § 1100.225 of Subchapter B of operate over tracks of the Burlington All interested persons were invited to Part 1100, the section heading, paragraph Northern, Inc., between Farmington and submit written comments, suggestions, or Norris, 111. objections to the Director, Bureau of (a), and paragraph (b)(1) are amended Sport Fisheries and Wildlife, Washing by adding thereto “Tariff Rules Board”. (b) Application. The provisions of this ton, D.C. 20240. After consideration of It is further ordered, That these order shall apply to intrastate, interstate, comments and since these amendments amendments shall become effective and foreign commerce. benefit the public by relieving existing July 1,1970. - (c) Effective date. This order shall be restrictions, they shall become effective And it is further ordered, That notice come effective at 12:01 a.m., June 23, uppon publication in the F ederal of this order shall be given to the gen 1970. R egister. eral public by depositing a copy in the (d) Expiration date. The provisions of Accordingly, Title 50, Chapter I, Sub Office of the Secretary of the Commis this order shall expire at 11:59 p.m„ chapter B, Part 10, § 10.52, Code of Fed sion, and by filing a copy with the Direc eral Regulations is revised to read: tor, Office of the Federal Register. July 24, 1970, unless otherwise modified, § 10.52 Migratory game bird hunting (Secs, 12, 17, 24 Stat. 383, as amended, 385, changed, or suspended by order of this as amended, secs. 204, 205, 49 Stat. 546, as Commission. seasons for Puerto Rico and the Vir gin Islands. amended, 548 as amended; secs. 304, 316, 54 (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, Stat. 933, 946; secs. 403, 417, 56 Stat. 285, 384, as amended; 49 U.S.C. 1, 12, 15, and 17 Subject to the applicable provisions 297, 49 U.S.C. 12, 17, 304, 305, 904, 916, 1003, (2). Interprets or applies sec. 1(10-17), 15 of the preceding sections of this part, 1017) (4), and 17(2), 40 Stat. 101, as amended 54 the open seasons (dates inclusive), the By the Commission. Stat. 911; 49 U.S.C. 1(10-17) , 15(4), and 17 shooting hours, and the daily bag and (2 )) possession limits on the species desig [seal] H. N eil Garson, Secretary. It is further ordered, That copies of nated in this section are prescribed as [F.R. Doc. 70-8113; Filed, June 25, 1970; this order shall be served upon the Asso follows: 8:48 a.m.] ciation of American Railroads, Car Serv (a) Puerto Rico. FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 RULES AND REGULATIONS 10449 proposed provisions listed above are D oves1 Pigeons1 reasonable and the following order re flects that fact. In the case of the mini Open season dates 2______July 18 to Sept. 25, 1970 inclusive. Daily bag lim it3...... 15 singly or in the aggregate of all per- 8 singly or in the aggregate of all per mum volume of nuts to be required by mitted species. mitted species. the standard of fill of container, infor Possession lim it3------23 doves and pigeons, singly or in the aggregate of all permitted species. mation indicates that because of the Shooting hours...... One-half hour before sunrise to sunset daily. variations in size, shape, and density of the tree nuts involved, due to seasonal, 1 Only the following species of doves and pigeons may be hunted during the open season: Zenaida dove (Tortola geographic, and climatic conditions, and cardosantera); White-winged dove (Tortola aliblanca o cubanita); Mourning dove (Tortola rabilarga o rabiche); with containers filled by high-speed Scaly-naped pigeon (Paloma turca o torcaz); White-crowned pigeon (Paloma cabeciblanca). 2 No open season is prescribed for doves and pigeons of any species on Culebra Island or in the Municipality of equipment tp the maximum amount at Cidra, said Municipality being composed of the following Wards: Bayamon, Arenas, Monte Llano, Sud, Beatriz, tainable under good manufacturing Ceiba, Rio Abajo, Rincon, Toita, Honduras, Rabanel, and Salto. 3 On Mona Island the daily bag and possession limit on doves and pigeons is 15 singly or in the aggregate of all practice, a requirement of not less than permitted species. 85 percent of the container volume when tested by the method specified in para (b) Puerto Rico. nuts (§ 46.52), and peanuts with mixed graph (b) of the standard, rather than nuts (§ 46.53) and a standard of fill of 90 percent as originally proposed, is ap Galli- Common container for shelled nuts in rigid con Ducks Coots nules snipe propriate. The 85-percent requirement (Wilson’s) tainers (§ 46.54) : does not mean that the container of nuts A notice of proposed rule making in is filled only to that amount, but instead Daily bag limit_____ 4 6 8 8 the above-identified matter was pub means that a container substantially full Possession lim it_____ 8 12 16 16 lished in the F ederal R egister of Sep at the time of packing will meet the tember 4, 1968 (33 F.R. 12383), based on Open season dates >-2-3 Dec. 2, 1970 to Jan. 30, 1971, requirement when analyzed at a later inclusive. a proposal by the Commissioner of Food time. Shooting hours______One-half hour before sunrise and Drugs. until sunset daily. In response thereto, approximately 50 The Commissioner recognizes that the comments were received. Five favored term “mixed nuts” has been used for over • Check Commonwealth regulations for additional the standards as proposed. Adverse com 20 years to designate a product contain restrictions. ing a mixture of shelled nuts composed 2 No open season for waterfowl is prescribed for Culebra ments were received from the Peanut Island. Butter Manufacturers Association, the of a variety of tree nuts with or without 3 The season on Bahama pintail is closed by Common peanuts. Consumers complain, however, wealth law. Peanut and Nut Salters’ Association, other associations, various State and city about the lack of informative labeling (c) Virgin Islands. government officials, manufacturers and that would permit them to distinguish Zenaida doves members of industry, and members of and make value comparisons between Daily bag lim it. 10 Zenaida doves. Congress. mixtures containing only tree nuts, mix Possession Do. Among the adverse comments were tures containing a predominance of tree limit. exceptions to: (1) The minimum number nuts over peanuts, and mixtures con Open season' August 1 to October 9, of the kinds of tree nuts to be required; taining a predominance, ranging from dates.18 1970, inclusive. slight to large, of peanuts over tree nuts. Shooting hours. One-half hour before sun (2) the proposed maximum percentage rise until sunset daily. of peanuts; (3) specifying the optional Consumers indicate they want regula nonnut ingredients that may be used; tions to control the use of an unreason 1 The season is closed on all species of able excess of peanuts as a substitute for game birds in the Virgin Islands except and (4) the minimum volume of nuts Zenaida doves. required by the proposed standard of fill. more expensive nuts and to control the 2 See Territorial regulations for any addi One question raised concerned the ap minimum volume of nuts in the con tional restrictions. plicability of the proposed standards to tainer. On this basis the Commissioner Local names for game birds: Zenaida dove such foods as sugar-coated and choco concludes that it is reasonable and prac (Zenaida aurita) Mountain dove; Bridled late-coated nuts normally classifiëd as ticable: (1) To adopt the name “mixed Quail Dove (Geotrygon mystacea)—Perdiz, confections. In the opinion of the Com nuts” for the food described below Barbara dove (Protected). Ground dove (Co- missioner such confections are not the (§46.51) that contains a mixture of a lumbigallina passerina nigrirostris)—Stone products for which these standards were variety of tree nuts with or without pea dove, Tabacco dove, Rola, Tortolita (Pro nuts; (2) to require label declaration of tected) . proposed, and therefore the packaged nuts standards set forth below are not the nut ingredients used in order of pre (40 Stat. 755; 16 U.S.C. 703 et seq.) intended to apply to foods such as sugar- dominance; (3) to require in juxtaposi tion with the name, an informative J ohn S. G ottschalk, coated or chocolate-coated nuts. Director, Bureau of Information also available to the Com quantitative statement of the approxi Sport Fisheries and Wildlife. missioner included: Thirty-two com mate percentage by weight of a particu ments from consumers and one from a lar nut ingredient present when the per Jtjne 23, 1970. manufacturer that had been written to centage by weight of such nut ingredient [P.R. Doc. 70-8115; Piled, June 25, 1970; the writer of a syndicated news column exceeds the combined weight of the other 8:48 a.m.} and subsequently given to the Food and nut ingredients; and (4) to limit the Drug Administration regarding the gen quantity of any single nut ingredient per eral subject of mixed nuts; and “A Study mitted to not more than 80 percent by of Consumer Concepts and Expectations weight of the finished food. Title 21— FOOD AND DRUBS Concerning Selected Food Products and In consideration of the comments re Chapter I— Food and Drug Adminis Their Associated Label Declarations,” a ceived and other relevant information, consumer survey conducted under con the Commissioner concludes that it will tration, Department of Heûlth, tract for the Food and Drug Administra promote honesty and fair dealing in the Education, and Welfare tion. The consumer comments and the interest of consumers to establish the SUBCHAPTER 8— FOOD AND FOOD PRODUCTS survey indicate that consumer confusion definition and standard of identity and and dissatisfaction exist regarding the the standard of fill of container set forth PART 46— NUT PRODUCTS ratio of mixed nuts to peanuts for some below. Packaged Nuts; Order Establishing of the products labeled “mixed nuts” and Therefore, pursuant to provisions of the lack of informative labeling on the the Federal Food, Drug, and Cosmetic Standards of Identity and Fill of product to enable consumers to make Act (secs. 401, 701, 52 Stat. 1046, 1055, Container knowledgeable purchases of the products. as amended 70 Stat. 919, 72 Stat. 948; The Commissioner has given full con 21 U.S.C. 341, 371) and under authority In the matter of establishing defini sideration to the comments submitted in delegated to the Commissioner (21 CFR tions and standard of identity for mixed response to the proposal and concludes 2.120): It is ordered, That the follow nuts without peanuts (§46.51), mixed that the exceptions taken to the four ing two new sections be added to Part 46: FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10450 RULES AND REGULATIONS § 46.51 Mixed nuts; identity; label state 24 containers, and for containers bear than one-half of that required by Part ment of optional ingredients. ing a weight declaration of more than 16 1 of this chapter for the statement of (a) Mixed nuts is the food consisting ounces, enough containers to provide a net quantity of contents appearing on of a mixture of four or more of the op total quantity of at least 24 pounds of the label, but in no case less than one- tional shelled tree nut ingredients, with nuts. sixteenth of an inch in height. The en or without one or more of the optional (2) If compliance with § 46.52 is to be tire ingredient statement shall appear shelled peanut ingredients, of the kinds determined, first follow the procedure on at least one panel of the label and in prescribed by paragraph (b) of this sec set forth therein. lines generally parallel to the base on tion; except that when 2 ounces or less (3) Determine the percent by weight which the container rests as it is de of the food is packed in transparent con of each nut ingredient present in each signed to be displayed. If the label bears tainers, three or more of the optional tree container separately. Calculate the any pictorial representation of the mix nut ingredients shall be present. Each average percentage of each nut ingredi ture of nuts, it shall depict the relative such kind of nut ingredient when used ent present. If the average percent found proportions of the nut ingredients of the shall be present in a quantity not less for each nut ingredient present is 2 per food. If the label bears a pictorial repre than 2 percent and not more than 80 cent or more and none of the individual sentation of only one of each nut percent by weight of the finished food. nut ingredients exceeds 80 percent by ingredient present, the nuts shall be de For purposes of this section, each kind weight of the finished food, the lot will picted in the order of decreasing pre of tree nut and peanut is an optional in be deemed to be in compliance with the dominance by weight. A factual state gredient that may be prepared by any percentage requirements of paragraph ment that the food does not contain a suitable method in accordance with good (a) of this section. If the average per particular nut ingredient or ingredients manufacturing practice. The finished cent found for a single nut ingredient may be shown on the label if the state food may contain one or more of the exceeds 50 percent by weight of the ment is not misleading and does not re optional nonnut ingredients provided for finished food and the average percent sult in an insufficiency of label space for in paragraph (c) of this section. found is within the range indicated by the proper declaration of information (b) The optional shelled nut ingre the number declared on the label in ac required by or under authority of the dients referred to in paragraph (a) of cordance with this paragraph, the lot will act to appear on the label. this section are: be deemed to be in compliance with the § 46.52 Shelled nuts in rigid or semi (1) Almonds, black walnuts, Brazil labeling requirements of this paragraph. rigid containers; fill of containers; nuts, cashews, English walnuts, filberts, (e) Optional nut ingredients and op label statement of substandard fill. pecans, and other suitable kinds of tree tional nonnut ingredients used in the food, as provided for in paragraphs (b) (a) The standard of fill for shelled nuts. nuts in rigid or semirigid containers is (2) Peanuts of the Spanish, Valencia, and (c) of this section, shall be declared on the label by their common names in a fill such that the average volume of Virginia, or similar varieties, or any nuts, from the number of containers combination of two or more such the order of decreasing predominance by weight except that: specified in § 46.51 (d) (1), is not less than varieties. (1) If the Spanish variety of peanuts 85 percent of the container volume as (c) The optional nonnut ingredients determined by the method in paragraph referred to in paragraph (a) of this sec is used, it shall be declared as “Spanish peanuts.” Other varieties of peanuts (b) of this section. tion consist of suitable substances that (b) The method for determining the are not food additives as defined in sec shall be declared as “peanuts,” or alter tion 201 (s) of the Federal Food, Drug, natively “______peanuts,” the percent of fill is as follows: and Cosmetic Act; or if they are food blank being filled in with the varietal (1) For the shelled nuts in each con additives as so defined, they are used in name of the peanuts used. tainer, determine the loose volume, the conformity with regulations established (2) If the peanut ingredient or in settled volume, and the average volume pursuant to section 409 of the act. Non gredients as provided for in paragraph in cubic centimeters. For the purposes nut ingredients that perform a useful (b) (1) of this section are unblanched, of this subparagraph, consider volume in function are regarded as suitable, except the label shall show that fact by such milliliters to be numerically equal to that color additives are not suitable in statement as “peanuts unblanched,” volume in cubic centimeters. Open the gredients of the food. “peanuts skins on,” or words of similar container and pour the nuts loosely into (d) The name of the food is “mixed import, unless the vignette clearly depicts a vertical graduated cylinder (do not nuts.” If the percentage of a single nut peanuts with skins on. tilt) of appropriate size fitted with a ingredient by weight of the finished food (3) Vegetable oils used shall be de funnel which has been modified, if nec exceeds 50 percent but not 60 per clared by the words “vegetable oil” or essary, to provide a minimum opening cent, the statement “contains up to “hydrogenated vegetable oil,” or alter- of l 1/*»-inch diameter. (If the loose vol 60% ______” or “contains 60% natively “______oil” or “hydro ume of the nuts is less than 500 milli ______” or “60% ______” genated ______oil,” as the case liters, use a 500-milliliter cylinder with shall immediately follow the name may be, the blank being filled in with the an inside diameter of approximately “mixed nuts” and shall appear on the name or names of the vegetable lfa inches; but if the loose volume is same background, be of the same color, source(s) of the oil. For the purposes of 500 milliliters or more, use a 1,000-milli and be in letters not less than one-half this section, hydrogenated vegetable oil liter cylinder with an inside diameter the height of the largest letter in the shall be considered to include partially of approximately 2% inches.) Without words “mixed nuts.” The blank is to be hydrogenated vegetable oil. shaking the cylinder, estimate the lo filled in with the appropriate name of the (4) When antioxidant preservativescation of a horizontal plane represent predominant nut ingredient; for exam are used in the finished food, the label ing the average height of the product, ple, “contains up to 60% pecans” or shall bear the statement “______read the volume of the nuts, and re “contains up to 60% Spanish peanuts.” added as a preservative” or “------cord as the loose volume. Raise the The numbers “70” or “80” shall be sub added to inhibit rancidity,” the blank cylinder 2 inches and allow it a free stituted for the number “60” when the being filled in with the name or names vertical drop onto a level, firm, but resil percentage of the predominant nut in of the preservative (s) used. ient surface (do not tamp) for a total gredient exceeds 60 but not 70, or ex (f) The words and statements speciof 5 times and observe the volume as ceeds 70 but not 80, „ respectively. fied in paragraph (e) of this section above. Repeat in successive five-drop in Compliance with the requirements for crements until the nuts have so settled showing the optional ingredients pres that the volume decreases less than 2 percentage of nut ingredients of this ent shall be listed on the principal dis percent in the last five-drop increment. section and the fill of container require play panel or panels or any appropriate Read the last volume in the manner ment of § 46.52 will be determined by the information panel without obscuring de described above and record as the set following procedure: sign, vignettes, or crowding. The dec tled volume. The arithmetical average of (1) Take at random from a lot, in thelaration shall appear in conspicuous and case of containers bearing a weight easily legible letters of boldface print or the loose volume and the settled volume declaration of 16 ounces or less, at least type the size of which shall be not less equals the average volume of nuts. FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 RULES AND REGULATIONS 10451 (2) Classify the container by shape publication in the F ederal R egister file An order in the above-identified mat and determine its volume in cubic centi with the Hearing Clerk, Department of ter was published in the F ederal R egis meters according to one of the follow Health, Education, and Welfare, Room ter of May 13, 1970 (35 F.R. 7415), to ing methods as appropriate: 6-62, 5600 Fishers Lane, Rockville, Md. become effective 45 days thereafter. (i) For containers of irregular shape, 20852, written objections thereto. Objec In response, an objection requesting a including glass jars, follow the general tions shall show wherein the person- fil hearing was received from the National method for water capacity of containers ing will be adversely affected by the order . Society for the Prevention of Blindness, as prescribed in § 10.6(a) of this chapter and specify with particularity the provi Inc., 79 Madison Avenue, New York, N.Y. and determine the container volume, sions of the order deemed objectionable 10016, stating (1) that the regulation considering the water capacity in grams and the grounds for the objections. If is too narrow in that it does not ban all to be numerically equivalent to volume in a hearing is requested, the objections fireworks, (2) that the labeling of all cubic centimeters, or the water capacity must state the issues for the hearing and fireworks is not adequate to protect pur in ounces (avoirdupois) to be equivalent such objections must be supported by chasers, and (3) that the 3-year record to 28.35 cubic centimeters per ounce. grounds legally sufficient to justify the keeping requirement should be changed (ii) For box-shaped containers (that relief sought. Objections may be accom to a 10-year requirement. is, with opposite sides parallel), measure panied by a memorandum or brief in The objector is not opposed to the the inside height, width, and depth and support thereof. All documents shall be order as written, but rather is request calculate the volume as the product of filed in six copies. ing that the scope of the order be ex these three dimensions. Effective date. This order shall become panded. The objector’s request for a (iii) For cylindrical containers, cal effective 120 days after its date of pub hearing is denied, but the objection of culate the container volume in cubic lication in the F ederal R egister, except the National Society for the Prevention centimeters as 12.87 times the product of as to any provisions that may be stayed of Blindness is treated as a petition to the height times the diameter squared, by the filing of proper objections. Notice ban all fireworks (except for those in both measured in inches; or as 0.7854 of the filing of objections or lack thereof tended for bona fide crop protection pur times the product of the height times the will be given by publication in the F ed poses and conspicuously so labeled) and diameter squared, when measured in eral R egister. to expand the recordkeeping require centimeters. For containers that do not (Secs. 401, 701, 52 Stat. 1046, 1055, as amend ments of the regulation, pursuant to 15 have indented ends, take the inside diam ed 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, U.S.C. 1261(q) (2) and 21 U.S.C. 371(e). eter and height as the dimensions. For 371) Granting the objector’s request for a hearing would stay the effective date of containers with indented ends (that is, Dated: June 12,1970. metal cans with ends attached by double the order, hindering the efficient en seams), consider the height to be the Charles C. Edwards, forcement of the act during the forth outside height at the double seam minus Commissioner of Food and Drugs. coming Fourth-of-July season. Accord three-eighths inch and the diameter to [F.R. Doc. 70-8078; Filed, June 25, 1970; ingly, the Commissioner concludes that be the outside diameter at the double 8:45 a.m.] it is in the public interest to deny the seam minus one-eighth inch. objections and confirm the effective date (3) Calculate the percent fill of the of the order. container as follows: Divide the average SUBCHAPTER D— HAZARDOUS SUBSTANCES Therefore, pursuant to provisions of volume of nuts found according to sub- the Federal Hazardous Substances Act paragraph (1) of this paragraph by the PART 191— HAZARDOUS SUB (sec. 2(q) (1) (B), 74 Stat. 372, 80 Stat. appropriate container volume found ac STANCES: DEFINITIONS AND PRO 1304-5; 15 U.S.C. 1261) and of the Fed cording to subparagraph (2) of this CEDURAL AND INTERPRETATIVE eral Food, Drug, and Cosmetic Act (sec. paragraph and multiply by__100. The re REGULATIONS 701(e), 52 Stat. 1055, as amended; 21 sult shall be considered to be the percent U.S.C. 371(e)), and under authority fill of the container. Fireworks Devices; Confirmation of delegated to the Commissioner (21 CFR (c) If shelled nuts fall below the Effective Date of Order Regarding 2.120), notice is given the subject order Classification as Banned Hazard adding to § 191.9(a) a new subpara standard of fill of container prescribed graph (3) and revoking § 191.65(a) (3) in paragraph (a) of this section, the ous Substances and Revocation of shall become effective June 27, 1970. label shall bear the general statement Exemption; Ruling on Objection of substandard fill specified in § 10.7(b) Dated: June 25,1970. of this chapter, in the manner and form In the matter of classifying certain J ames D. Grant, therein specified. fireworks devices as “banned hazardous Deputy Commissioner Any person who will be adversely substances” within the meaning of sec of Food and Drugs. affected by the foregoing order may at tion 2(q) (1) (B) of the Federal Hazard [F.R. Doc. 70-8265; Filed, June 25, 1970; any time within 30 days after its date of ous Substances Act: 12:11 p.m.] FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10452 Proposed Rule Making dence presented at the hearing and the Lewisburg plant. Hence, it would be more DEPARTMENT OF AGRICULTURE record thereof: efficient for the cooperative association to 1. The order should be amended to be able to divert milk of Kentucky pro Consumer and Marketing Service provide for the diversion of milk under ducers to the Louisville plant. [ 7 CFR Part 1098 1 certain circumstances between Nashville The cooperative association also oper pool plants and plants regulated by ates a manufacturing plant at Chatta [Doc’-.et No. AO 184-A29] other orders. nooga, Tenn., which is a pool plant under MILK IN NASHVILLE, TENN., With the declining number of nearby the Chattanooga order. It is possible that nonpool manufacturing plants, the dis at times it would be in the interest of MARKETING AREA posal of the reserve supply of the market orderly marketing to divert milk from Notice of Recommended Decision and poses a problem at times, particularly the Nashville market to the Chattanooga Opportunity To File Written Excep during the months of flush production. plant. tions on Proposed Amendments to At the present time, the terms of the Accordingly, the order should be Nashville order do not permit the diver amended to permit a dairy farmer to Tentative Marketing Agreement sion of producer milk to plants which retain his producer status under the and to Order are regulated under another order with Nashville order, and his milk to continue Notice is hereby given of the filing with out loss of pooling on such milk under the to be producer milk, when such milk is the Hearing Clerk of this recommended Nashville order. This prohibition was diverted to a plant subject to regulation decision with respect to proposed amend suspended for the months of March, under another order for Class II use. To ments to the tentative marketing agree April and May 1970 by an order of the insure that such diversion privilege is ment and order regulating the handling Assistant Secretary issued on Febru used only to accommodate the orderly of milk in the Nashville, Tenn., ary 27, 1970. Neither does the Nashville disposal of the excess supplies of the marketing area. order permit milk to be diverted to Nash market, it is provided that a producer Interested parties may file written ex ville pool plants from other marketing whose milk is so diverted shall retain ceptions to this decision with the Hear orders without being subject to pooling his producer status only if the handler ing Clerk, U.S. Department of Agricul in Nashville. who diverts such milk, and the operator ture, Washington, D.C. 20250, by the 10th The principal cooperative association of the other order plant at which it is day after publication of this decision in in the Nashville market operates a manu received, both report to-the market ad the F ederal R egister. The exceptions facturing plant at Lewisburg, Tenn., ministrator of their respective orders should be filed in quadruplicate. All which is the major outlet for the reserve that such milk was diverted for Class H written submissions made pursuant to supply of the market. This plant also (or an equivalent classification) use this notice will be made available for handles some of the reserve supplies of only, and request such classification in public inspection at the office of the other nearby markets where the cooper the reports of receipts and utiliza Hearing Clerk during regular business ative association operates. This plant has tion filed with the respective market hours (7 CFR 1.27(b)). receiving facilities which have recently administrators. The above notice of filing of the deci been approved for the shipment of milk Similarly, the order should be amended sion and opportunity to file exceptions for fluid purposes. At the present time, it to permit milk to be diverted for manu thereto are issued pursuant to the pro has not met the pooling requirements facturing use to Nashville pool plants visions of the Agricultural Marketing of a supply plant under any order. from plants subject to other orders. As Agreement Act of 1937, as amended (7 The plant could readily become a pool in the case of diversions from Nash U.S.C. 601 et seq.), and the applicable supply plant under either the Nashville ville pool plants to pool plants under rules of practice and procedure govern order or one of the adjoining orders such other orders, this should be permitted ing the formulation of marketing agree as the Mississippi order, however. If this only if the operators of both plants, in ments and marketing orders (7 CFR plant were to become subject to full reg the reports of receipts and utilization to ulation under the Mississippi order, milk their respective market administrators, Part 900). report such milk as utilized in Class H P reliminary S tatement of Nashville producers could no longer be received at such plant as diverted milk, and request a Class H utilization The hearing on the record of which but would become producer milk under therefor. the proposed amendments, as here the latter order. This, in effect, would These amendments will facilitate the inafter set forth, to the tentative shift to the other pool some of the milk of handling of the reserve supplies of mar marketing agreement and to the order the Nashville market not needed for kets in the region without burdening one as amended, were formulated, was Class I use there. market with the reserve milk regularly conducted at Nashville, Tenn., on May 6, Similarly, if the plant were to become as^ciated with another. 1970, pursuant to notice thereof which subject to full regulation under the A witness for proponents testified that, was issued April 17,1970 (35 F.R. 6434). Nashville order, milk diverted to such if milk which is diverted to a pool plant The material issues on the record of plant from Mississippi, or any other under another order as Class II milk is the hearing relate to: order, would become producer milk under actually utilized in Class I, and such 1. Diversion of milk between pool the Nashville order, and the Nashville use is determined prior to the computa plants and other order plants; market would assume a portion of the tion of the pool, the milk so assigned to 2. Partial payments to producers who burden of the excess supplies which have Class I should not be considered pro ship to a handler less than 20 days during been associated with the other market. ducer milk under the Nashville order, the month; The cooperative association also op but should be considered producer milk erates a manufacturing plant at Louis in the market of receipt. It was proposed 3. Plants meeting the pooling require that the diverting handler designate the ments of more than one order; and ville, Ky., which is a fully regulated plant under the Louisville-Lexington-Evans- producers whose milk would become pro 4. The status of base-holding pro ducer milk under the other order. ducers who become producers under ville order. another order during a portion of a The supply area of the Nashville mar While this proposal has some merit, base-paying month. ket embraces a substantial area in Ken it could result in a conflict between the tucky as well as in Tennessee. Many of Nashville order and other orders to F indings and Conclusions the producers in the Kentucky portion of which the milk might be diverted, since The following findings and conclusions the marketing area are located much no other order contains a similar pro on the material issues are based on evi closer to the Louisville plant than to the vision at this time. Also, because of the FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 PROPOSED RULE MAKING 10453 short time intervening between the filing tributing plant meeting the pooling re ference in Class I prices between the of the reports and the computation of quirements of both the Nashville order orders, implying that the plant should the pool, it is unlikely that such infor and another order, the plant normally be regulated in the area in which the mation would be available to the market should be subject to the order in the higher Class I price prevailed. Other administrator in all instances. 'There marketing area of which it has the matters with which it felt the Secretary fore, such proposal is not adopted at this greater route disposition. In order to should be concerned in making such a time. prevent a plant from being subject to determination are: , The transfer provisions should also be regulation under different orders every (a) Differences in the methods of dis amended to accommodate the above other month, if a slight change in its tributing returns to producers under the noted changes with respect to diverted disposition occurs, it should be provided separate orders. For example, if one order milk. Specifically, the order should pro that a plant which has been subject to had a so called Louisville Plan and the vide that when milk is moved to an regulation under another order, but other a base and excess plan; other order plant, the classification shall which has greater disposition in the (b) The amount of milk in total which be in the class to which allocated as a Nashville market during the month, shall was moved between the two markets fluid milk product under the other order, not become subject to regulation under by all handlers subject to regulation un but that, if the operators of both the the Nashville order until the third con der both orders; transferor and transferee plants so re secutive month in which its disposition (c) The extent to which the plant’s quest in the reports of receipt and utili in the Nashville market is greater than disposition in the Nashville market was zation filed with their respective market in the market in which it has been sub greater or less than its disposition in the administrators, diverted milk should be ject tó regulation. This is predicated on other marketing area; and classified as Class II to the extent of the the plant’s continuing to be subject to (d) The interest of producers involved Class II (or the comparable utilization regulation under the other order until as to which order their milk should be provided under such other order) avail such time as it becomes subject to regu subject and other factors of marketing able in the transferee plant for such lation under the Nashville order. If the cost. assignment pursuant to the allocation other order does not have a reciprocal Historically, a plant has been regulated provisions of the order to which the provision, such plant will become subject under the order in the marketing area in transferee plant is subject. to regulation under the Nashville order which it has its major disposition. Ex 2. The order should be amended to in the first month in which its disposi ceptions have been made in Nashville permit handlers to withhold payment to tion in the Nashville marketing area ex and certain other orders in the case of the market administrator of thc partial ceeds its disposition in the other limited term contracts to supply military payment due producers for deliveries marketing area. bases or institutions. Similarly, many during the first 15 days of the month Similarly, a plant which has been orders have a provision, such as that in the case of those producers who cease subject to regulation under, the Nash adopted herein, whereby a plant would delivery to the handler before the 20th ville order, but which has greater remain subject to the order under which day of the month. disposition in another marketing area in it has been regulated until the third Producers frequently make assign a particular month, should not become consecutive month in which its sales in ments to creditors which are paid di subject to regulation under the other another area are greater. This provision rectly to the creditor by the handler, order until the third consecutive month has afforded plants the opportunity to including payments to haulers which are in which its sales in the other market prepare for the shift in regulation. usually made by the handler. In the case ing area exceed those in the Nashville To accommodate a specific situation of a producer who ceases delivery to a marketing area. If the other order, how which developed in the market, the Sec handler in the early part of the month, ever, does not have a similar provision, retary, on March 6, 1970, issued an order it is quite possible that the balance of such plant would become subject to suspending certain provisions of the money due the producer after such as regulation under the other order in the Nashville and Paducah, Ky., milk orders signments are honored would be less first month in which its disposition in (33 F.R. 4392). The effect of the suspen than the amount of the partial payment such other area exceeds its disposition sion was to permit a plant which had which the handler is required to make. in the Nashville marketing area. been regulated under the Paducah, Ky., Elimination of the partial payment in The one exception would be in the case milk order to continue to be regulated the case of a producer who ceases de of a plant with disposition in the Nash under that order until July 31,1970, even livery after less than 20 days, will permit ville market exceeding its disposition in though its sales in the Nashville market the handler making payment to the pro the market in which it had been previ ing area exceeded those in the Paducah, ducer to know exactly how much money ously regulated because of its sales to a Ky., marketing area. This alleviated the is due the producer before making the governmental base or institution under a hardship which otherwise might have Payment. This will eliminate problems limited term contract. The order now befallen the producers supplying such for handlers in attempting to recover provides that if the operator of such plant during the months producers on from producers amounts which they had plant, or the cooperative association the Nashville market are paid base and been overpaid for their milk in the which supplies milk to such plant, makes excess prices for their milk. The base month in which they had ceased written application to the Secretary at paying period ends July 31. On August 1, production. least 15 days prior to the end of the 1970, this plant will become a fully regu The proponent also stated that certain month in which the regulation of the lated plant under the Nashville order Producers prefer to receive payment plant would shift, the Secretary may ex if its sales in that market still exceed once a month. They proposed that in clude the disposition made under such those in the Paducah, Ky., market. the case of such producers the partial contract in determining in which mar Handlers generally supported adoption Payment likewise be eliminated. keting area the plant has the greater of the provision that regulation should Such procedure could interfere with volume of its disposition. This provision not change until the third consecutive the uniform application of regulation to should be continued. month in which a plant has greater sales all handlers. It is possible that some The cooperative association proposed in another marketing area. They vigor handler might persuade all his pro that the exemption afforded above apply ously opposed the proposal of the cooper ducers to request payment once a month, to any contract regardless of whether it ative association that the question of fie would thereby gain an advantage is with a governmental institution. It where a plant is regulated be left to the over other handlers since he would have also proposed that the Secretary be per discretion of the Secretary. They also °f the producers’ money for an mitted to designate under which order a proposed a deletion of the present pro additional 17 days. It is essential that plant would be regulated regardless of vision which permits the Secretary to the order provide a single payment pro- the volume of sales in the respective exclude disposition made under a limited eaure applicable tp all handlers. Hence, marketing area, when, in his judgment, term Government contract in determin this proposal is denied. such a designation is warranted. The ing the area of regulation. J 1 .’P 16 order should be amended to cooperative suggested that the Secretary A plant operator now knows under Provide that in the case of any dis should consider such matters as the dif which order his plant is to be regulated FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10454 PROPOSED RULE MAKING and he can make adjustments in his comes a producer under another order dence in the record were considered in route disposition to remain subject to during a portion of a base-paying month making the findings and conclusions set regulation under one order or to shift shall forfeit his base for such month. forth above. To the extent that the sug his plant to regulation under another Under the present terms of the order, gested findings and conclusions filed by order. Under the proposal of the cooper it is possible for a producer to deliver to interested parties are inconsistent with ative association, the handler might pool plants during a portion of the the findings and conclusions set forth find that the cooperative association had month an amount of milk equal to his herein, the requests to make such find requested the Secretary to determine total base milk for the month. He can ings or reach such conclusions are denied that his plant was no longer subject to then deliver milk to a plant subject to for the reasons previously stated in this the order in which he had his major another order for the remainder of the decision. disposition. In such circumstances, reg month as a producer under the latter G eneral F indings ulation could depend on the administra order. This permit the producer to re The findings and determinations here tive decision by the Secretary rather ceive the base price under the Nashville inafter set forth are supplementary and than on marketing circumstances which order for a volume of milk equal to his in addition to the findings and deter dictated the actual degree of association base and receive the uniform price as a minations previously made in connection of the plant with a particular market as producer under the other order for milk with the issuance of the aforesaid order compared to some other market. The for which he would receive only the ex and of the previously issued amendments uncertainties created by such a provision, cess price under the Nashville order. thereto; and all of said previous findings which in effect could result in multiple In effect, this would shift some of the and determinations are hereby ratified standards for determining pool status, burden of the Nashville surplus to the and affirmed, except insofar as such find would not promote orderly marketing other market and would result in a lower ings and determinations may be in con and, therefore, would not tend to effec ing of the uniform price received by pro flict with the findings and determina tuate the declared policy of the Act. ducers under the latter order. tions set forth herein. In response to the arguments of the The cooperative association is opposed (a) The tentative marketing agree cooperative association with respect to to such a change but presented no testi ment and the order, as hereby proposed the problems caused should a plant, sub mony on the record in opposition to the to be amended, and all of the terms and ject to regulation under an order with proposal. In its brief, the cooperative as conditions thereof, will tend to effectu a “Louisville” type seasonal payment sociation argued that the effect of a ate the declared policy of the Act; plan, become subject to the Nashville producer’s shifting his excess milk to an order which has a base and excess plan, other order is no different from that (b) The parity prices of milk as deter handlers proposed a modification of the resulting from the intermarket move mined pursuant to section 2 of the Act ment of milk in either bulk or packaged are not reasonable in view of the price latter plan. The order now provides of feeds, available supplies of feeds, and that when a plant becomes a pool plant form. They stated that the effect of such during the base-paying period, bases are intermarket transfers is to enhance the other economic conditions which affect returns to producers in the transferring market supply and demand for milk in computed for the producers supplying the marketing area, and the minimum such plant on their deliveries to such market and lower them to producers in the transferee market, just as a producer prices specified in the proposed market plant during the base-forming period. It ing agreement and the order, as hereby was the proposal of the handlers that shifting his excess milk to another mar ket enhances his own returns while low proposed to be amended, are such prices all deliveries by such producers to plants as will reflect the aforesaid factors, in regulated under the other order be con ering the returns to producers in the other market.- sure a sufficient quantity of pure and sidered in calculating the bases of pro wholesome milk, and be in the public in ducers shipping to a plant which becomes The difference between the handler a Nashville pool plant under such acquiring Class I sales in another order terest; and circumstances. market and the producer disposing of (c) The tentative marketing agree The cooperative association in its testi his excess milk as producer milk in an ment and the order, as hereby proposed mony pointed out that it regularly shifts other market is one of competition versus to be amended, will regulate the handling producers among plants as demand manipulation. In the former case all the of milk in the same manner as, and will varies and that on weekends milk asso producers supplying the market where be applicable only to persons in the ciated with bottling plants is frequently the milk originates share in the increased respective classes of industrial and com diverted to manufacturing plants. Thus, returns from the additional Class I milk mercial activity specified in, a marketing receipts at the plant in question during in the pool. In the latter instance, the agreement upon which a hearing has the base-making period represent only a individual producer has taken advan been held. portion of the production of the indi tage of a loophole in the regulation to R ecommended Marketing Agreement vidual producers during such period. This enhance his own returns to the detri and Order Amending the Order ment of other dairy farmers. The argu would result in such producers receiving The recommended marketing agree bases much smaller than they would re ment of the cooperative association does not afford a basis for continuing terms ment is not included in this decision be ceive were their entire production used cause the regulatory provisions thereof in the base calculations. by which exploitation of adjoining orders could be used by producers, individually would be the same as those contained in Had the provision proposed by han the order, as hereby proposed to be dlers been in effect at that time, the pro or as a group, to their own benefit at the expense of producers in the other market. amended. The following order amending ducers supplying the plant in question the order, as amended, regulating the would have received bases computed on The action taken is consistent in prin ciple with the proposal made by the co handling of milk in the Nashville, Tenn., their total deliveries to the Paducah mar marketing area is recommended as the ket rather than on their deliveries to the operative, and adopted herein, that milk single plant. Thus, the shift in the plant’s diverted to another order market will be detailed and appropriate means by which regulation would not have affected the designated for Class n use only. the foregoing conclusions may be car producers’ returns significantly. There is no evidence that any producer ried out : It is concluded, therefore, that the or group of producers has taken ad 1. Revise § 1098.7 as follows; order should be amended to provide that, vantage of the opportunity which cur § 1098.7 Producer. in the case of a distributing plant which rently exists to so dispose of excess milk “Producer” means any person, except has been a pool plant under an other in surrounding markets. The order a producer-handler as defined in any order and which becomes a pool plant should be amended, however, to remove order (including this part) issued pur during the base-paying months, the pro tiie possibility of abuse. suant to the Act who produces milk in ducers supplying such plant shall have R ulings on P roposed F indings and compliance with the Grade A inspection bases computed on their total deliveries Conclusions of milk which was pooled as producer requirements of a duly constituted health milk under such other order during the Briefs and proposed findings and con authority or produces milk acceptable clusions were filed on behalf of certain for fluid consumption at Federal, State, base-forming months. or municipal establishments within the 4. The order should be amended to pro interested parties. These briefs, proposed vide that a baseholding producer who be- findings and conclusions and the evi- marketing area, which milk is received FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 PROPOSED RULE MAKING 10455 at a pool plant or diverted from the farm (d) During -any of the months ofpursuant. to the provisions of another directly to a nonpool plant. The term March through July, a producer who Federal order and from which a greater shall not include such person with re ceases to deliver his milk to a pool plant quantity of Class I milk, except filled spect to milk received at a pool plant for a portion of such month, and who be milk, is disposed of during the month in from an other order plant by diversion if comes a producer as defined in an other the Nashville, Tenn., marketing area as both buyer and seller have requested order issued pursuant to the Act during Class I route disposition than as Class I Class II classification (or its equivalent) the remainder of such month, shall re route disposition in the other marketing in the reports of receipts and utilization ceive only the uniform price for excess area, and such other order which fully filed with the respective market admin milk for all milk delivered to pool plants regulates the plant does not contain pro istrators. during such month. vision to exempt the plant from regula 2. In § 1098.13 add a new paragraph 6. Revise § 1098.81(a) as follows: tion, even though such plant has greater (c) as follows: Class I route disposition in the market § 1098.81 Payments to market adminis ing area of the Nashville, Tenn., order; § 1098.13 Producer milk. trator. (c) Any supply plant which would be * * * * * (a) On or before the 25th day of each subject to the classification and pricing (c) Diverted from a pool plant to anmonth each handler receiving milk from provisions of another order issued pur other order plant if both buyer and seller producers or from a handler pursuant suant to the Act unless such plant quali have requested Class II classification or to § 1098.8(c) (except for producers hav fied as a pool plant pursuant to the pro its equivalent in the reports of receipts ing made deliveries for less than 20 days viso of § 1098.11(b) during the preceding and utilization filed with the respective during the month) shall pay to the mar August through January period; market administrators. ket administrator for deposit into the (d) The operator of a plant specified producer-settlement fund an amount of in paragraph (a), (b), or (c) of this 3. Revise the introductory text ofmoney calculated by multiplying the section shall, with respect to total re § 1098.44, the introductory text to para hundredweight of producer milk received ceipts and utilization or disposition of graph (e) of § 1098.44 and subparagraphs by him during the first 15 days of such skim milk and butterfat at the plant, (2) and (3) of paragraph (e) as follows: month by the Class II price for the pre make reports to the market administra § 1098.44 Transfers. ceding month; tor at such time and in such manner as ♦ * * * * the market administrator may require Skim milk or butterfat transferred or and allow verification of such reporte by diverted in the form of a fluid milk prod 7. Revise § 1098.91 as follows: the market administrator; and uct shall be classified as: § 1098.91 Handlers subject to other (e) Each handler operating a plant * * * * * Federal orders. specified in paragraph (a) or (b) of this (e) As follows, if transferred or di In the case of a handler in his capac section, if such plant is subject to the verted to an other order plant in excess ity as operator of a plant specified in classification and pricing provisions of of receipts from such plant in the same paragraphs (a), (b), and (c) of this another order which provides for indi category as described is subparagraph section the provisions of this part shall vidual handler pooling, shall pay to the (2) or (3) of this paragraph: not apply except as specified in para market administrator for the producer- * • * * * * settlement fund on or before the 25th graphs (d) and (e) of this section: day after the end of the month am (2) If transferred or diverted in bulk (a) A distributing plant qualified pur amount computed as follows: form, classification shall be in the classes suant to § 1098.11(a) which meets the re (1) Determine the quantity of recon to which allocated as a fluid milk prod quirements of a fully-regulated plant stituted skim milk in filled milk disposed uct under the other order (including al pursuant to the provisions of another or of on routes in the marketing area which location under the conditions set forth der issued pursuant to the Act and from was allocated to Class I at such other in subparagraph (3) of this paragraph) ; Which a greater quantity of fluid milk order plant. If reconstituted skim milk (3) If the operators of both the trans products, except filled milk, is disposed in filled milk is disposed of from such feror and transferee plants so request in of during the month from such plant as plant on routes in marketing areas reg the reports of receipts and utilization Class I route disposition in the market ulated by two or more market pool or filed with their respective market ad ing area regulated by the other order ders, the reconstituted skim milk as ministrators, transfers or diversions in than as Class I route disposition in the signed to Class I shall be prorated ac bulk form shall be classified as Class II Nashville, Tenn., marketing area: Pro cording to such disposition in each area. to the extent of the Class II utilization vided, That such a distributing plant (or comparable utilization under such which was a pool plant under this or (2) Compute the value of the quantity other order) available for such assign der in the immediately preceding-month assigned in subparagraph (1) of this ment pursuant to the allocation provi shall continue to be subject to all of the paragraph to Class I disposition in this sions of the transferee order; area, at the Class I price under this part provisions of this part until the third applicable at the location of the other ***** consecutive month in which a greater order plant and subtract its value at the 4. Revise § 1098.60 by adding at the proportion of its Class I route disposition Class II price. end thereof the following: is made in such other marketing area, unless the other order requires regulation Signed at Washington, D.C. on June 23, § 1098.60 Computation of daily average of the plant without regard to its quali 1970. base for each producer. fying as a pool plant under this order, G. R. G range, * * * However, if such plant had bee subject to the proviso of this paragraph: Acting Deputy Administrator, a pool plant as defined in an other oi And provided further, On the basis of a Regulatory Programs. der issued pursuant to the Act durin written application made either by the [F.R. Doc. 70-8117; Filed, June 25, 1970; the preceding months of Septembi plant operator or by the cooperative as 8:48 a.m.] through January, the base of each sue sociation supplying milk to such opera producer shall be computed pursuant 1 tor’s plant, at least 15 days prior to the this paragraph on the basis of his tots date for which a determination of the Secretary is to be effective, the Secre DEPARTMENT OF LABOR deliveries which were pooled as producer tary may determine that the Class I nhlk under such other order during the route dispositions in the respective mar Bureau of Labor Standards period September through January pre keting areas to be used for purposes of [ 29 CFR Part 1504 1 ceding the month in which the plant be this paragraph shall exclude (for a spec-' came a pool plant as defined in this part. ified period of time) Class I disposition SAFETY AND HEALTH REGULATIONS made under limited term contracts to FOR LONGSHORING 5. Revise § 1098.61 by adding a new governmental bases and institutions; paragraph (d) as follows: (b) A distributing plant qualified pur Notice of Proposed Rule Making § 1098.61 Base rules. suant to § 1098.11(a) which meets the Pursuant to authority in section 41 * * * * • requirements of a fully-regulated plant of the Longshoremen’s and Harbor FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 No. 124----- 5 10456 PROPOSED RULE MAKING Workers’ Compensation Act (33 U.S.C. signed by its manufacturer to carry, and from flying particles or heavy dust 941) it is proposed to amend 29 CFR (3) the sum of these two weights. exists, employees shall be protected by Part 1504 as set forth below. (b) (1) No container shall be loaded eye protection equipment meeting the Interested persons are invited to sub aboard or discharged from any vessel specifications prescribed by the Ameri mit written data, views, or arguments re by means of hoisting unless the actual can National Standards Institute Safety garding the proposed amendments in gross weight of the container and its Code for Head, Eye, and Respiratory duplicate to the Office of Evaluation, Bu cargo has been certified by a weighing Protection, Z2.1-1959. reau of Labor Standards, U.S. Depart station approved by .a competent govern * * * * * ment of Labor, 400 First Street NW., mental authority within the United Washington, D.C. 20210, within 60 days States or of a national government of 5. Li § 1504.105, paragraph (a) is pro following the publication of this docu a foreign country, and the weighing sta posed to be revised to read as follows: ment in the F ederal R egister. Upon con tion is not disapproved by the Bureau § 1504.105 Head protection. sideration of all relevant matter sub of Labor Standards. Before loading or (a) When, employees are handling mitted and of any other information discharge, the person in charge of cargo cargoes of loose scrap metal, bulk ores available to him, the Secretary of Labor operations shall ascertain from the car which contain ore in a chunky form will issue such regulations as he may rier or other knowledgeable source the or bulk commodities of a similar nature, deem appropriate. actual gross weight of each container, and when loading or discharging lift-on 1. Section 1504.6 is proposed to be re and in Such manner as to enable identi lift-off containerships, they shall be vised to read as follows: fication of each container as it is reached protected by protective hats meeting the § 1504.6 Reference specifications, stand during the process of loading or dis specifications contained in the Ameri ards, and codes. charge.. can National Standards Institute Safety (2) A foreign or domestic weighing (a) Specifications, standards, and Code for Head, Eye, and Respiratory station will be disapproved whenever Protection, Z2.1-1959. codes of agencies of the U.S. Govern random sample weight checks by the ment, to the extent specified in the text, Bureau of Labor Standards indicate a * * * * * form a part of the regulations of this pattern of significant inaccuracies. A (Sec. 41, 44 Stat. 1444, as amended; 33 U.S.C. part. disapproved weighing station may be re 941) (b) In addition, under the authority instated upon a showing to the Bureau Signed at Washington, D.C., this 22d vested in the Secretary under the Act, of Labor Standards that the cause of the day of June 1970. the specifications, standards, and codes inaccuracies has been corrected. of organizations which are not agencies (c) No container shall be hoisted if George P. S hultz, of the U.S. Government, in effect on the its certified weight exceeds the weight Secretary of Labor. date of the promulgation of the regula marked as required in paragraph (a)(3) [F.R. Doc. 70-8097; Filed, June 25, 1970; tions of this part, as listed below, to the of this section, or if it exceeds the capaci 8:47 a.m.] extent specified in the text, form a part ty of the crane or other hoisting device of these regulations: used, under the conditions in which the (1) Convention Concerning the Pro crane or other hoisting device is used. tection Against Accidents to Workers FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 PROPOSED RULE MAKING 10457 with the high speeds at which emergen the Director of the National Highway to failure or leakage in the system be cies may be encountered. S4.2.3 proposes Safety Bureau at § 1.51 of this chapter. tween the reservoir and the source of comparable brake release times. The ac Issued on June 18, 1970. air pressure by check valves or equiva tuation and release times are synchro lent devices whose proper functioning nized with the times proposed for D ouglas W. T oms, * can be checked without disconnecting airbrakes on trucks and buses in a com Director, any air line or fitting. panion standard. National Highway Safety Bureau. S4.1.1.4 Each reservoir shall have a To deal with problems of balance be Airbrake S ystems—Trailers condensate drain valve that can be man tween a trailer’s brakes and the brakes ually operated from the side of the vehi on a towing vehicle, the proposed stand 51. Purpose and Scope. This standard cle. The drain valve shall close unless ard specifies a relationship between specifies requirements for air service held open by manual effort or by an brake chamber air pressure and brake brake *and parking brake systems to in automatic drain valve device. retardation force in S4.2.4 identical to sure safe braking performance under S4.2 Service brakes. The service that proposed in the companion stand normal and emergency conditions. brakes of each vehicle, shall, under the ard for air brakes on trucks and buses. 52. Application. This standard applies conditions of S5.1, meet the require This relationship would be determined to trailers equipped with airbrake ments of S4.2.1, S4.2.2, and S4.2.3 when by placing each brake and drum as systems. tested in sequence and without adjust sembly on an inertia dynamometer. This 53. Definitions. ments other than those specified in this standard would also require that a brake “Airbrake system” means a system standard. Under the conditions of S5.2, retain adequate stopping power despite that uses air as a medium for transmit each brake and drum assembly on a high temperature caused by repeated ting pressure or force from the driver vehicle shall meet the requirements of decelerations on an inertia dynamom control to the service brake, but does not S4.2.4, S4.2.5, and S4.2.6 when tested in eter (S4.2.5). The ability of a brake to include a system that uses compressed sequence and without adjustments other recover after high-temperature opera air or vacuum only to assist the driver than those Specified in this standard. tion also has an important bearing on in applying muscular force to hydraulic 54.2.1 Stopping capability. With a vehicle safety, and the notice proposes or mechanical components. service line air pressure of 90 p.s.i. and a brake recovery requirements based on “Antilockup system” means a portion the vehicle at curb weight, the service a third dynamometer test (S4.2.6). The of a service brake system that, through brakes shall be capable of stopping the dynamometer tests are patterned on wheel-slip sensing methods, automati vehicle from 60 m.p.h. and from 20 Society of Automotive Engineers Recom cally controls braking torque at one or m.p.h., on a surface with a skid number mended Practices J971, “Brake Rating more road wheels of the vehicle during of 75 and a surface with a wet skid num Test Code—Commercial Vehicle Inertia braking. ber of 30, without any part of the vehicle Dynamometer,” June 1967, and J667, “Gross axle-weight rating” (GAWR) leaving the roadway, and without lockup “Brake Test Code—Inertia Dynamom means the value specified by the vehicle of any wheel except for momentary eter,” June 1961. manufacturer as the loaded weight on lockup allowed by an antilockup system. To protect the brake system against a single axle measured at the tire-ground 54.2.2 Brake actuation time. With the the consequences of malfunction, the interfaces. trailer-service brake system connected to notice proposes to require several items “Gross vehicle-weight rating” the test rig shown in figure 4 and with of equipment, including valves and simi (GVWR) means the value specified by the air pressure in the test-rig reservoir lar devices to protect the air reservoirs the manufacturer as the loaded weight and the trailer reservoirs at 100 p.s.i. from pressure loss due to leakage in the of a single vehicle. each brake chamber shall have an actua vehicle or in a towing vehicle, and con “Curb weight” means the weight of a tion time not greater than that shown densate drain valves. A parking-brake motor vehicle with standard equipment in figure 1, measured from actuation of system is also proposed which would be including the maximum capacity of fuel, the stop-lamp switch. actuated automatically if air pressure oil, and coolant, and, if so equipped, air- 54.2.3 Brake release time. With the falls below a specified point (S4.3.3). conditioning and additional weight op trailer-service brake system connected The parking brakes would be required to tional engine. to the test rig shown in figure 4, and with hold the vehicle with a specified force “Skid number” means the frictional an initial brake chamber air pressure of (54.3.1) by use of an independent energy resistance of a pavement measured in 95 p.s.i„ each brake chamber shall have source which is not subject to leakage accordance with American Society for a release time not greater than that (54.3.2) , and would have to be releasable Testing and Materials Method E-274- shown in figure 2, measured from a specified number of times (S4.3.4) • 65T at 40 m.p.h., omitting water delivery deactuation of the stop-lamp switch. Interested persons are invited to sub as specified in paragraph 7.1 of that 54.2.4 Brake retardation force. The mit written data, views, or arguments method. retardation force exerted by the brakes pertaining to the proposed rule. Com “Wet skid number” means the skid on each axle shall be such that the ments on the cost of, and lead time re number of a wet pavement. quotient quired for, compliance are particularly 54. Requirements. Each vehicle shall brake retardation force, invited. Comments should identify the meet the following requirements under GAWR the conditions specified in S5. All test docket number and be submitted to: relative to brake chamber air pressure, Docket Section, National Highway requirements shall be met without fail ure of any part of the brake or suspension shall have values not less than those Safety Bureau, Room 4223, 400 Seventh shown in figure 3. Retardation force shall Street SW., Washington, D.C. 20591. It systems. 54.1 Required equipment. Each vehi be determined as follows: is requested, but not required, that 10 S4.2.4.1 After burnishing the brake copies be submitted. cle shall have the following equipment: 54.1.1 Reservoirs. One or more reser pursuant to S5.2.5, retain the brake and All comments received before Septem drum assembly on the inertia dynamom ber 21, 1970, will be considered. All com voirs to which the air is delivered from the towing vehicle. eter. With the surface temperature of the ments will be available for examination brake linings between 125° F. and 150° F., in the docket at the above address before 54.1.1.1 Total reservoir capacity shall conduct a stop from 50 m.p.h. with and after the closing date for comments. be at least eight times greater than the brake-chamber air pressure maintained Proposed effective date: January 1, combined volume of all brake chambers at a constant 20 p.s.i. Measure the torque 1972. at maximum travel of the piston or exerted by the brake, and divide by the This notice of proposed rule making diaphragms. static-loaded tire radius specified by the is issued under the authority of sections 54.1.1.2 Each reservoir shall be capa tire manufacturer to determine the re 103, 112, and 119 of the National Traffic ble of withstanding an internal hydro tardation force. Repeat the procedure six and Motor Vehicle Safety Act of 1966, static pressure of 500 p.s.i. times; increasing the brake-chamber air 15 U.S.C. 1392, 1401, 1407, and the dele 54.1.1.3 Each reservoir shall be pro pressure by 10 p.s.i. each time. After each gation of authority by the Secretary to tected against loss of air pressure due stop, rotate the brake drum until the FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10458 PROPOSED RULE MAKING surface temperature of the linings falls and not more than seven times. The nishing, adjust the brakes as recom to between 125° F. and 150° F. parking brakes shall not be releasable mended by the brake manufacturer. 54.2.5 Brake power. When mounted unless they can be Automatically re S5.2 Dynamometer test conditions. on an inertia dynamometer, each brake applied immediately after release with 55.2.1 The dynamometer inertia for shall be capable of making 15 consecu the force required by S4.3.1. each wheel is equivalent to the load on tive decelerations at a rate of at least 12 S5 Conditions. The requirements of the wheel with the axle at rated gross f.p.s.p.s. from 50 m.p.h. to 15 m.p.h. at S4 shall be met under the following con axle weight. equal intervals of 48 seconds, ahd shall ditions. Where a range of conditions is 55.2.2 The ambient temperature is be capable of decelerating to a stop from specified, the vehicle must be capable of between 85° F. and 95° F. 20 m.p.h. at a rate of 14 f.s.p.s. 1 minute meeting the requirements at all points 55.2.3 Air at ambient temperature is after the 15th deceleration. The series within the range. directed uniformly and continuously of decelerations shall be conducted as 55.1 Road test conditions. over the brake drum at a rate of 2,200 follows: 55.1.1 Unless otherwise specified, ve feet per minute. 54.2.5.1 With the brake linings be hicle weight is at gross vehicle weight 55.2.4 The rate of brake rotation on tween 150° F. and 200° F. and the drum rating, distributed proportionally to the a dynamometer corresponding to the rotating at- a speed equivalent to 50 gross axle-weight ratings. rate of rotation on a vehicle at a given m.p.h., apply the brake and decelerate to 55.1.2 Tire inflation pressure is as speed is calculated by assuming a tire 15 m.p.h. Upon reaching 15 m.p.h., ac specified by the vehicle manufacturer radius equal to the static loaded radius celerate to 50 m.p.h. and apply the brake for the gross vehicle weight rating. of the tire specified by the tire for the second time 48 seconds after the 55.1.3 The ambient temperature is manufacturer. start of the first application. Repeat the between 32° F. and 100° F. 55.2.5 Brakes are burnished before cycle until 15 decelerations have been 55.1.4 The wind velocity is zero. How testing as follows: Place the brake and made. The service-line air pres ever, the vehicle shall be capable of re drum assembly on an inertia dynamom sure shall not exceed 90 p.s.i. during any maining within the roadway during the eter and adjust the brake as recom deceleration. required tests under any wind condition mended by the brake manufacturer. 54.2.5.2 One minute after the end of up to 30 miles per hour in any direction. Make 200 stops from 40 m.p.h. at a de the last deceleration required by S4.2.5.1, 55.1.5 Stopping tests are conducted celeration of 10 f.p.s.p.s., maintaining a and with the drum rotating at a speed of on a 12-foot wide, level roadway having drum temperature on each stop of not 20 m.p.h., decelerate to a stop at a rate a skid number of 75, unless otherwise less than 315° F. and not more than of 14 f.p.s.p.s. The service-line air specified. The vehicle is aligned in the 385° F. Make 200 additional stops from pressure shall not exceed 90 p.s.i. center of the roadway at the beginning 40 m.p.h. at a deceleration of 10 f.p.s.p.s., 54.2.6 Brake recovery. Two minutes of a stop. maintaining a drum temperature on each after completing the tests required by 55.1.6 Brakes are burnished before stop of not less than 450° F. and not S4.2.5, the brake shall be capable of testing as follows: With the towing ve more than 550° F. After burnishing, the making 20 consecutive stops from 30 hicle’s transmission in the highest gear brakes are adjusted as recommended by m.p.h. at a rate of 12 f.p.s.p.s., at equal range, make 400 brake applications from the brake manufacturer. intervals of 1 minute, measured from the 55.2.6 The brake lining temperature start of brake application. The service 40 m.p.h. to 20 m.p.h. at 10 f.p.s.p.s. After each brake application, accelerate is increased to a specified level by con line air pressure needed to attain a rate ducting one or more stops from 40 m.p.h. of 12 f.p.s.p.s. shall not be less than 45 to 40 m.p.h. and maintain that speed» at a deceleration rate of 10 f.p.s.p.s. The p.s.i. nor more than 75 p.s.i. until making the next application at a brake lining temperature is decreased S4.3 Parking brake system. Each vepoint 1.5 miles from the point of the to a specified level by rotating the drum hicle shall have a parking brake system previous brake application. After bur at a constant 30 m.p.h. that under the conditions of S5 meets the following requirements. FIGURE 1 54.3.1 Static retardation force. With all other brakes rendered inoperative? the TRAILER BRAKE CHAMBER PRESSURE vs. ACTUATION TIME static retardation force produced by the application of the parking brakes on each axle during a static drawbar pull in a forward direction shall be such that the quotient static retardation force ' GAWR is between 0.28 and 0.33. 54.3.2 Application and holding. The parking brakes shall be applied by an energy source that is not affected by air pressure loss in the service brake system. Once applied, the parking brakes shall be held in the applied position solely by mechanical means. 54.3.3 Automatic application. The parking brake shall be automatically applied when the air pressure in all service reservoirs is between 0 p.s.i. and the automatic application pressure level. The automatic application pressure level shall be between 20 p.s.i. and 45 p.s.i. 54.3.4 Release after automatic appli cation. After automatic application, the parking brakes shall be releasable from BRAKE CHAMBER ACTUATION TIME SECONDS) the towing vehicle not less than four (MEASURED FROM ACTUATION OF STOP LAI/IP SWITCH) FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 FIGURE 2 FIGURE 3 TRAILER BRAKE CHAMBER PRESSURE vs. RELEASE TjME BRAKE CHAMBER PRESSURE vs. RETARDATION PROPOSED RULE MAKING MAKING RULE PROPOSED BRAKE CHAMBER RELEASE TIME(SECONDS) (MEASURED FROM DEACTUATION OF STOP LAMP SWITCH) \ RETARDATION FORCE/GAWR (%} 10459 FEDERAL REGISTER, VO L 35, NO. 124— FRIDAY, JUNE 26, 1970 10460 PROPOSED RULE MAKING FIGURE 4 102 provides that whenever the Commis sion has made a finding in writing that any type of production or utilization TRAILER TEST RIG facility has been sufficiently developed to be of practical value for industrial or commercial purposes, the Commission may thereafter issue licenses for such type of facility pursuant to section 103. The Commission has thus far made the following determinations (See, “Cer tain Types of Light Water, Nuclear Power Reactors, Determination Regard ing Statutory Finding of Practical Value,” Dockets Nos. RM-102-1 and PRM-102-A, 31 F.R. 221 (Jan. 7, 1966) and “Certain Types of Light Water, Nu clear Power Reactors, Notice of Consid eration of Possible Finding of Practical Value; Request for Public Comments,” Docket No. RM-102-1, 29 F.R. 9458 (July 10,1964)): 1. The type of reactor for which a statutory finding is made need not en (WITH MECHANICALLY ACTUATED STOP LAMP SWITCH) compass all reactors of a broad category, for example, all pressurized or boiling [F.R. Doc. 70-7966; Filed, June 25,1970; 8:45 a.m.] water reactors; rather it may be circum scribed as to scope by an appropriate description which is reasonably specific [ 49 CFR Part 571 1 Seventh Street SW., Washington, D.C. as to the technical characteristics of the [Docket No. 3-3; Notice 3] 20591. It is requested, but not required, reactor type, for example, coolant, mod that 10 copies be submitted. All com erator, power level, fuel type, contain FLAMMABILITY OF INTERIOR ments received before the close of busi ment. MATERIALS ness on August 11, 1970, will be con 2. The statutory finding of “practical sidered. Comments will be available in value,” while presupposing a determina Notice of Proposed Rule Making the docket at the above address for tion of technical feasibility, also involves On December 31, 1969, the Bureau is examination both before and after the economic considerations, the essential sued a notice of a proposed motor ve closing date. economic test being the competitiveness hicle safety standard (34 F.R. 20434) on This notice of proposed rulemaking is of the nuclear powerplant with conven Flammability of Interior Materials. Sec issued under the authority of sections tional powerplants. The nuclear plant tion S3.1 of the proposed standard listed 103 and 119 of the National Traffic and should be competitive in areas of the the specific interior components that Motor Vehicle Safety Act (15 U.S.C. United States consuming a significant must conform to the performance 1392, 1407), and the delegation of au fraction of the Nation’s electrical energy. requirements. thority by the Secretary of Transporta 3. The term “developed” includes the Another notice of a proposed safety tion to the Director of the National concept of demonstration of the basic standard on occupant crash protection Highway Safety Bureau, 49 CFR 1.51. technical characteristics of the reactor was issued on May 7,1970 (35 F.R. 7187). Issued on June 19,1970. type. The Commission also considers that it Compliance by manufacturers with this Charles H. Hartman, standard would probably entail the in has discretion to determine that a statu Acting Director, tory finding should not be made until (1) troduction of new elements into the in National Highway Safety Bureau. terior of the vehicle, such as inflatable the technical feasibility of the reactor cushions or nets, whose flame-resistant [F.R. Doc. 70-8082; Filed, June 25, 1970; concept and its basic technical charac characteristics are important for safety. 8:45 a.m.] teristics have been adequately demon strated, and (2) there has been sufficient It is proposed, therefore, that section demonstration of the cost of construc S3.1 of the proposal for a flammability tion and operation of the type of nuclear standard, noted above, be amended to ATOMIC ENERGY COMMISSION powerplant as to provide a sound basis, include these materials, so that it would with reasonable extrapolation, for a re read as follows: [ 10 CFR Ch. I 1 liable estimate of the economic competi S3.1 The portions described in S3.2 [Docket No. RM-102-2] tiveness of power produced in this type of the following components of vehicle of plant with power that would be pro occupant compartments shall meet the CERTAIN TYPES OF LIGHT WATER, duced in a comparable conventional requirements of S3.3: Seat cushions, seat NUCLEAR POWER REACTORS powerplant that would be constructed backs, seat belts, headlining, arm rests, Consideration of Possible Statutory at the same time and place. door panels, front panels, rear panels, The Commission has considered the side panels, compartment shelves, head Finding of Practical Value question whether a statutory finding of restraints, floor coverings, sun visors, Consideration of possible statutory practical value should be made with re curtains, shades, wheel housing covers, finding of practical value and conver spect to certain types of light water, engine compartment covers, mattress sion of Class 104 construction permits to nuclear power reactors in rulemaking covers, and any other interior materials, Class 103 operating licenses; request for proceedings conducted in 1964-65 and including padding, inflatable cushions, comments; notice of hearing. 1966. (See, “National Coal Policy Con or nets, that may be contacted by an Notice is hereby given that the Atomic ference, Inc. et al., Notice of Denial of occupant in the event of a crash. Energy Commission has under consider Petition for Rule Making,” Docket No. Comments are invited on this amend ation the question whether a statutory PRM-102-B, 31 F.R. 16732 (Dec. 30, ment to the proposal set forth at 34 F.R- finding of practical value should be made 1966); “National Coal Policy Conference, 20434 (Dec. 31, 1969). They should refer pursuant to section 102 of the Atomic Inc., et al., Denial of Petition for Rule to the docket and notice number and be Energy Act of 1954, as amended, with Making,’1 Docket No. PRM 50-1, 31 F.R. submitted to: Docket Section, National respect to some type or types of light 220 (Jan. 7,1966); and “Certain Types of Highway Safety Bureau, Room 4223, 400 water, nuclear power reactors. Section Light Water, Nuclear Power Reactors, FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 PROPOSED RULE MAKING 10461 Determination Regarding Statutory license for a facility of the type for sive radiation exposures caused by Finding of Practical Value,” Dockets which a statutory practical value finding improperly maintained equipment. Nos. RM-102-1 and PRM-102-A, 31 F.R. has been made would be issued under Under the proposed amendments, a 221 (Jan. 7, 1966).) On these past occa section 102 of the Act, even though the holder of a specific license for use of sions the Commission concluded that a construction permit for that facility sealed sources in radiography would be section 162 statutory finding of “practi may have been issued under section required to conduct a program for the cal value” was not warranted at the 104b. inspection and maintenance of radio- time. All interested persons who desire to graphic exposure devices and storage To aid the Commission in its consid submit written comments or suggestions containers and to include in his oper eration of this question, members of the should send them to the Secretary, U.S. ating and emergency procedures instruc public are invited to submit comments Atomic Energy Commission, Washing tions for carrying out the program. and suggestions, together with relevant ton, D.C. 20545, within 45 days after An applicant for such license is re data and information, with respect to the publication of this notice in,the F ed quired by the present § 34.11(c) to submit following: eral R egister. Comments received after to the Commission satisfactory written a. Whether or not it is now appropri that period will be considered if it is operating and emergency procedures. ate for the Commission to make a statu practicable to do so, but assurance of The effect of the proposed amendments tory finding of practical value pursuant consideration cannot be given except as would be to require the applicant to to section 102 of the Act with respect to to comments filed within the period spec include in those procedures instructions some type or types of light water, nuclear, ified. Copies of comments received by for inspection and maintenance of radio- power reactors. the Commission may be examined in the graphic exposure devices and storage b. A description of such type or types Commission’s Public Document Room, containers. An application for renewal of of reactors, if any, appropriate for in 1717 H Street NW„ Washington, D.C. a license or for additional equipment, clusion in a statutory finding of practical Notice is also given that a public would be expected to include a program value. The description should include rulemaking hearing will be held begin for inspection and maintenance. such technical characteristics as the per ning on August 17, 1970, at 10 a.m. in son commenting believes are appropriate. Room P-110, U.S. Atomic Energy Com It is anticipated that the licensee’s or c. The reasons supporting a proposed mission, 7920 Norfolk Avenue, Bethesda, applicant’s program would take into statutory finding as to each type de Md., to consider the above questions. The account the recommendations of the scribed in the response to the preceding hearing will be conducted as a legislative manufacturer of the equipment. How item, or the reasons for any conclusions type hearing without the right accorded ever, if the licensee or applicant so that no statutory finding of practical to public participants to examine or elected, he could independently prepare value should be made, together with sup cross-examine witnesses. appropriate instructions. Conformity porting economic, technical and other with the instructions for inspection and This rulemaking proceeding will be maintenance would be ascertained in data. terminated if, prior to decision by the inspections by the Commission. d. The extent to which the technical Commission herein, there is enacted into feasibility of a reactor type and its basic law an amendment to the Atomic Energy Pursuant to the Atomic Energy Act of technical characteristics should be dem Act of 1954 eliminating the statutory 1954, as amended, and section 553 of title onstrated by reactor operation. finding of “practical value” now provided 5 of the United States Code, notice is e. The extent to which the cost of con for in section 102 of the Act. hereby given that adoption of the follow struction and operation' of a type of ing amendments to 10 CFR Part 34 is nuclear powerplant should be demon (Sec. 102, 68 Stat. 936; 42 U.S.C. 2132; sec. 161, contemplated. All interested persons who strated by reactor construction and 68 Stat. 948; 42 U.S.C. 2201) desire to submit written comments or operation. Dated at Washington, D.C., this 24th suggestions for consideration in connec f. In estimating the economic com day of June 1970. tion with the proposed amendments should send them to the Secretary, U.S. petitiveness of power produced from a For the Atomic Energy Commission. given type of nuclear powerplant with Atomic Energy Commission, Washington, power that would be produced in a com W. B. M cCool, D.C. 20545, Attention: Chief, Public Pro parable conventional powerplant that Secretary. ceedings Branch, within sixty (60) days would be constructed at the same time [F.R. Doc. 70-8225; Filed, June 25, 1970; after publication of this notice in the and place, what types of construction 9:55 a.m.] ‘F ederal R egister. Comments received and operating cost data and information after that period will be considered if it should be evaluated? In addition to the is practical to do so, but assurance of costs to the owner and operator of the £ 10 CFR Part 34 ] consideration cannot be given except as nuclear powerplant, to what extent, if to comments filed within the period any, should consideration be given to RADIOGRAPHIC EQUIPMENT specified. Copies of comments on the pro the costs to the supplier of the nuclear Inspection and Maintenance posed amendments may be examined at plant with respect to: (a) The nuclear the Commission’s Public Document Room portion of the plant; (b) the conven Programs at 1717 H Street NW„ Washington, D.C. tional portion of the plant; and (c) the The Atomic Energy Commission has 1. A new § 34.28 is added to 10 CFR nuclear fuel? noted that some of the incidents of radi Part 34 to read as follows: g. With respect to each type of reactor ation exposures in excess of the limits described in the response to item b. in 10 CFR Part 20 to individuals per § 34.28 Inspection and maintenance of above, in which areas of the United States forming radiography under a Commis radiographic exposure devices and would nuclear power be economically sion license issued pursuant to 10 CFR storage containers. competitive with power produced from a Part 34, “Licenses for Radiography and The licensee shall conduct a program comparable conventional powerplant? Radiation Safety Requirements for for inspection and maintenance of ra What fraction of the nation’s electrical Radiographic Operations,” can be at diographic-exposure devices and storage energy is consumed in each of such areas? least partially attributed to the licensee’s containers to assure proper functioning h. Any other comments and sugges failure to properly maintain his radio- of components important to safety. tions, together with relevant data and graphic equipment. 2. Section 34.32 of 10 CFR Part 34 is information, which the person comment The Commission is considering adop amended to add a new paragraph (j) to ing believes that the Commission should tion of the amendments to Part 34 set read as follows; consider in connection with the question forth below, which would require a holder presented in this notice. of a radiography license to conduct a § 34.32 Operating and emergency Notice is also given that the Atomic program for inspection and maintenance procedures. Energy Commission has under consid of his radiographic exposure devices and The licensee’s operating and emergency eration the question whether its present storage containers. It is expected that procedures shall include instructions in regulations in 10 CFR 50.24 and 50.56 compliance with the proposed require at least the following; should be amended so that an operating ment will reduce the incidence of exces ***** FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10462 PROPOSED RULE MAKING (j) The inspection and maintenance vision transmission is not an appropriate sidered before final action is taken in this of radiographic exposure devices and function of international control stations proceeding. In reaching a final decision storage containers. and such stations are provided for ade the Commission may also take into ac (Sec. 81, 68 Stat. 935; 42 U.S.C. 2111; sec. 161, quately in other bands, they are not in count other relevant information before 68 Stat. 948; 42 U.S.C. 2201) cluded in the proposed allocation. The it. precise rule changes proposed herein are 8. In accordance with the provisions of Dated at Washington, D.C., this. 17th shown below. § 1.419 of the Commission’s rules, an orig day of June 1970. 3. It is our intent in this action to en inal and 14 copies of all comments, re For the Atomic Energy Commission. courage the future growth of ITFS sys plies, pleadings, briefs, or other docu tems by removing the uncertainty that ments shall be furnished the Commission. W. B. McCool, now exists as to the future availability of Secretary. channels in this band and at the same Adopted: June 17,1970. [F.R. Doc. 70-8092; Filed, June 25, 1970; time to provide an equitable division of Released: June 23,1970. 8:46 a.m.] channels between the two services in F ederal Communications volved. In the 7 years since the present Commission,1 allocation was established in this same [seal] B en F. Waple, Docket (Report and Order adopted Secretary. FEDERAL COMMUNICATIONS July 25, 1963, 28 F.R. 8103), the ITFS has experienced considerable growth, § 2.106 [Amended] COMMISSION and as of April 30, 1970, there were 159 A. In Part 2, § 2.106 would be amended ITFS stations authorized throughout the by deleting the words “International X 47 CFR Parts 2, 74, 81, 87, 89, 91, country. During this same period of time, * Control’’ from column 9 of the Table of 93 1 18 operational fixed stations were au Frequency Allocations for the band thorized for video transmission in this [Docket No. 14744; FCC 70-640] 2500-2690 MHz and by amendment of band, and there are three additional footnote NG47 to read as follows: EDUCATIONAL TELEVISION SERVICE applications pending. 4. It is not anticipated that any limi NG47 In the band 2500-2690 MHz, the Establishment of New Class for Trans television channels 2650-2656 MHz, 2662- tations would be imposed on existing sta 2668 MHz, and 2674-2680 MHz and the cor mission of Instructional and Cul tions in this band which do not conform responding response frequencies 2686.9375 tural Material to Multiple Receiving to the proposed allocations. These in MHz, 2687.9375 MHz, and 2688.9375 MHz are Locations clude any ITFS assignments on Group H available for assignment only to operational channels or operational fixed television fixed stations which comply with the tech In the matter of amendment of Parts assignments in Groups A-G. Also, while nical standards applicable to stations in the 2 and 74 of the Commission’s rules and there has been a general freeze on the instructional television fixed service in Sub regulations to establish a new class of use of this band by nonvideo operational part I of Part 74 of this chapter. All other educational television service for the frequencies in this band are available for fixed and international control stations assignment only to stations in the instruc transmission of instructional and cul since 1963, there are some 48 such opera tional television fixed service. Stations pres tural material to multiple receiving lo tional fixed stations scattered through ently authorized in this band which do not cations on channels in the 2500-2690 out the country and one international comply with the above provisions may con MHz frequency band; amendment of control station that were authorized tinue to operate on their presently assigned Parts 81, 87, 89, 91 and 93; Docket No. prior to that date. It is unlikely that frequencies and their licenses may be re 14744. these point-to-point stations which em newed or modified subject to no change in 1. In its first report and order and ploy limited powers and directional an frequency, unless such change complies with second notice of inquiry adopted May 20, tennas and many of which are located in the above provisions. 1970, in Docket No. 18262 (FCC 70-519), rural areas will ever seriously impair the B. Section 74.902 would be amended the Commission reallocated the portion use of this band for the intended services, by deleting the Group H channels listed of the TV spectrum comprising UHF and we see no reason why they should in paragraph (a), and by amending channels 70-83 from the television broad not be permitted to continue to use their paragraph (b) to read as follows: casting service to the land mobile service. present assignments for as long as the While the Commission abandoned its need exists. However, no additional fre § 74.902 Frequency assignments. educational proposals for these 14 chan quencies will be assigned in this band ***** nels, it stressed its vital, interest in the for such nonvideo use. (b) Instructional television fixed sta continued development of television serv 5. Pending a decision on the proposals tions on channels 2650-2656, 2662-2668, ices to meet the Nation’s educational announced herein, and effective with the and 2674-2680 Mc/s may continue to op needs and emphasized the importance release date of this notice we will accept erate on presently assigned frequencies now, because of the action in Docket No. no applications for new video operational and the licenses may be renewed or 18262, of encouraging the full develop fixed facilities on the 28 channels in modified subject to no change in fre ment of the 2500-2690 MHz frequency Groups A through G listed in § 74.902 of quency unless such change would com band for Instructional Television Fixed the rules. Similarly, no applications* for ply with paragraph (a) of this section. Service (ITFS). The Commission thus new ITFS stations will be accepted for * * * * * announced its intention to initiate fur the three H-Group channels. Any pend § 74.939 [Amended] ther rulemaking action to that end. ing applications for new facilities must 2. Our current proposal, therefore, is be made to conform to the proposed G. Section 74.939 would be amended to afford educators exclusive access to rules. We will continue to accept applica by deleting the Group H response fre 28 of the 31 television channels avail tions for the modification or renewal of quencies in paragraph (d). able in the 2500-2690 MHz band (Groups existing licenses and for the licensing of D. It is proposed to amend Parts 81, A-G, § 74.902) plus the corresponding stations authorized prior to the release 87, 91, and 93 in substance similar to the response frequencies listed in § 74.939. date of this document. following proposed amendment to Stations in the instructional television 6. Action herein is being taken pursu § 89.101. fixed service presently share the use of ant to authority contained in section In § 89.101, the table in paragraph (h) these channels with operational fixed and 4(i) and 303 of the Communications Act is amended by deleting the band 2500- international control stations employing of 1934, as amended. 2690 MHz and substituting the frequen ITFS technical standards. We further 7. Pursuant to applicable procedures cies listed below, paragraph (i) is propose that the three channels in Group set forth in § 1.414 of the Commission’s amended by revising subparagraph (8) H in § 74.902 and their associated re rules, interested parties may file com sponse frequencies be allocated on an ex ments on or before October 30, 1970, and 1 Commissioners Robert E. Lee and Johnson clusive basis for use in operational fixed reply comments on or before Novem dissenting; separate statement of Commis television systems of the kind now per ber 20,1970. All relevant and timely com sioner H. Rex Lee filed as part of original mitted in the band. However, since tele ments and reply comments will be con document. FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 PROPOSED RULE MAKING 10463 and adding a new subparagraph (18) to and storage areas and closer supervision factor related to the protection of mer read as follows: over employees of persons or businesses chandise in Customs custody requires authorized to handle such cargo or docu such measures, he shall give notice § 89.101 Frequencies. ments relating to such cargo. Achieve to all carriers utilizing facilities within * * * * • ment of these aims would afford inci his jurisdiction that within 30 days (h) * * * dental benefits to consignees and others following such notice he shall require concerned with the security from theft as a condition to the granting of a Frequency band Class of station(s) Limita and pilferage of imported merchandise. permit to unlade that any employee MHz tions Accordingly, pursuant to authority of such carrier engaged in the han * * * * * * # * # contained in section 251 of the Revised dling of imported merchandise carry 2650-2656...... Operational fixed...... 8 Statutes (19 U.S.C. 66) and sections 448, and display upon request of a Customs 2662-2668______8 499, 624, 641, and 644 of the Tariff Act officer an identification card, Customs 2674-2680...... 8 Form 3873, with his photograph securely 2686.9375...... do...... 18 of 1930 (19 U.S.C. 1448, 1499, 1624, 1641, 2687.9375...... ____ do...... 18 1644) it is proposed to amend §§ 4.30, affixed thereto’. The card shall also bear 2688.9375______18 4.38, 19.3, and 111.28 of the Customs his signature in the space provided. Such * * * * * * * * * Regulations (19 CFR 4.30, 4.38, 19.3, identification card shall be issued by 111.28) as set forth in tentative form the district director only upon his ap (i) * * * below: proval of an application on Customs (8) This frequency band is available 1. Part 4 is amended by adding toForm 3078 filed personally by each such only for operational fixed stations em § 4.30 new paragraphs (1), (m), and (n), employee together with two 2" x 2" color ploying television transmissions. The as follows: photographs of the applicant. Such ap transmitting equipment for such stations proval shall be granted only if the dis shall meet the technical standards pre § 4.30 Permits and special licenses for trict director determines that the ap scribed for instructional television fixed unlading and lading. plication contains no misstatement of a stations contained in Part 74, Subpart * * * * * material fact and may be denied if the I, § 74.901, et. seq. of this chapter. Oper (l) A permit to unlade pursuant to applicant has been previously convicted ational fixed stations authorized in the Part 4 or 6 of this chapter shall not be of a felony or of a misdemeanor involv band 2500-2690 MHz prior to (the effec granted unless the district director de ing the theft or pilferage of merchandise. tive date of this rule change) may be termines that the applicant will provide The fingerprints of the applicant shall continued to be authorized, modified, or (1) sufficient space, adequately secured, be taken on Standard Form 87 at the assigned. However, additional stations for the storage immediately upon unlad time of the filing of the application. The or new frequencies may be authorized ing of cargo whose weight-to-value ratio identification card shall become valid only in accordance with the provision of renders it susceptible to theft or pilferage when the U.S. Customs seal has been im this section. and of packages which have been broken pressed thereon and the card has been * * * * * prior to or in the course of unlading; and properly laminated. The identification (2) an adequate number of vehicles, card shall be presented to the person in (18) Response frequencies. When au capable of being locked or sealed, for the whose name the card is issued and shall thorized they are to be paired respec transportation of such cargo or packages be in his possession at all times when he tively with the bands 2650-2656, 2662- between the point of unlading and the is handling imported merchandise. Any 2668, and 2674-2680 Mhz, and used in point of storage. A term permit to unlade person holding an identification card accordance with the technical standards shall be revoked if the district director who obtained such a card through fraud prescribed for ITFS response stations in determines subsequent to such issuance or the misstatement of a material fact Part 74, Subpart I, of this chapter. that the requirements of this paragraph or who is convicted of a felony or con ***** have not been met. victed of a misdemeanor in connection [F.R. Doc. 70-8060; Piled, June 25, 1970; (m) A permit to unlade pursuant to with the theft and pilferage of merchan 8:45 a.m.] Part 4 or 6 of this chapter shall not be dise may have his identification card granted to an importing carrier, and a summarily revoked by the district direc term permit to unlade previously granted tor. to such a carrier shall be revoked, (1) if 2. Part 4 is further amended by adding DEPARTMENT OF THE TREASURY such carrier, within 30 days after the to § 4.38 new paragraphs (c) and (d) Bureau of Customs date of a written demand by the district as follows: director, does not furnish a list of the l 19 CFR Parts 4, 19, Till names, addresses and social security § 4.38 Release o f cargo. ***** SECURITY OF CARGO IN UNLADING numbers of persons currently employed in connection with the lading, storage (c) If the district director determines AREAS and delivery of imported merchandise; or that, in a port or portion of a port, the Permit To Unlade (2) if, having furnished such a list, the volume of cargo handled, the incidence carrier does not advise the district di of theft or pilferage, or any other fac Theft and pilferage of merchandise rector of the names, addresses, and social tor related to the protection of mer between the time of unlading from the security numbers of any new personnel chandise in Customs custody requires incoming vessel, vehicle, or aircraft and employed in connection with the unlad such measures, he shall require as a the release of the merchandise under a ing, storage and delivery of imported condition to the granting of a permit Permit issued pursuant to section 448 of merchandise within 10 days after such to release imported merchandise that the the Tariff Act (19 U.S.C. 1448) have employment. importer or his agent present to the become a problem of major proportions. (n) If the district director determines carrier or his agent a fully executed It is essential In the public interest for that, in a port or a portion of a port, pickup order in substantially the fol the protection of the revenue to provide the volume of cargo handled, the inci lowing format, in triplicate, to obtain greater security for cargo in the unlading dence of theft or pilferage, or any other delivery of any imported merchandise: No. 124----- 6 FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10464 PROPOSED RULE MAKING TICK VP ORDER stating the reasons for any adverse action taken. The discontinuance of the bonded status of a warehouse under this para ■ is authorized to pick up the graph may be appealed in writing to the ., ...... - o merchandise indicated below. Commissioner of Customs. Upon the re 3» Trucker Name CS ceipt of such ah appeal, the discontinu *d ance shall be stayed until a decision is h ' COD / 7 Bank Release / / 7 Collect / 7 - . > made by the Commissioner of Customs. Broker Name & Authorized Signature (if applicable) Part 111 is amended by revising § 111.28 to read as follows: Marks & Importing Carrier Signature & Numbers Pcs. Description of Goods Entry # & AW3 Number or Date of Remarks §111.28 Responsible supervision. • BA Number Receiving Carrier (a) Every licensed broker operating as a sole proprietor, and every licensed member of a partnership and every licensed officer of an association or cor Delivered Quantities Verified ______poration, which is licensed as a broker, Customs Officer Badge Number shall exercise responsible supervision and control over the transaction of the Date Customs business of such sole proprie The pickup order shall contain a duly Customs custody requires such measures, torship, partnership, association, or authenticated customhouse broker’s sig he shall give notice to the proprietors of corporation. nature, unless it is presented by a person all bonded warehouses within his juris (b) Within 10 days after the date of a properly identified as an employee of the diction that within 30 days following written demand by the district director, ultimate consignee. A Customs officer such notice he shall require any em a licensed customhouse broker shall shall certify all copies of the pickup or ployee, or class of Employees of such submit a list of the names, addresses, der, returning one to the importer or his bonded warehouse to carry and display and social security numbers of persons agent and two to the carrier making upon request of a Customs officer an currently employed. Having furnished delivery. identification card, Customs Form 3873, such a list, each licensed customhouse (d) For the purposes of paragraphwith a photograph securely affixed broker shall, within 10 days after the (c) of this section, a permit to release thereto. The card shall also bear his employment of any new personnel, advise merchandise shall be effective as a re signature in the space provided. Such the district director of the names, lease from Customs custody at the time identification card shall be issued by the addresses, and social security numbers that the delivery of the merchandise district director only upon his approval of any such employees. covered by the pickup order into the of an application on Customs Form 3078 (c) If the district director determines physical possession of an importer or his filed personally by each such employee that, in a port or a portion of a port, the agent is completed under the supervision together with two 2" x 2” color photo volume of cargo handled, the incidence of a Customs officer, and only to the ex graphs of the applicant. Such approval of theft or pilferage, or any other factor tent of the actual delivery of merchan shall be granted only if the district direc related to the protection of merchandise dise described in such pickup order as tor determines that the application con in Customs custody requires such meas verified by such Customs officer. tains no misstatement of a material fact ures, he shall give notice to all brokers 3. Part 19 is amended by adding toand may be denied if the applicant has authorized to do business within such § 19.3 new paragraphs (d), (e), and (f), been previously convicted of a felony or area that within 30 days following such as follows: of a misdemeanor involving the theft or notice he shall require that any employee pilferage of merchandise. The finger of a licensed customhouse broker carry § 19.3 Bonded warehouses; alterations; prints of the applicant shall be taken on and display upon request by a Customs suspensions; discontinuance. Standard Form 87 at the time of the officer an identification card, Customs * * * * * filing of the application. The identifica Form 3873, with a photograph securely (d) The bonded status of a warehouse tion card shall become valid when the affixed thereto. The card shall also bear may be discontinued if, within 30 days U.S. Customs seal has been impressed his signature in the space provided. Such after the date of a written demand by thereon and the card has been properly identification card shall be issued by the the district director, the proprietor fails laminated. The identification card shall district director only upon his approval to submit a list of the names, addresses, be presented to the person in whose name of an application on Customs Form 3078 and social security numbers of all per the card is issued and shall be in his filed personally by each such employee sons currently employed by him in the possession at all times when he is han together with two 2" x 2" color photo carriage, receiving, storage or delivery dling imported merchandise. Any person graphs of the applicant. Such approval of imported merchandise; or if, having holding an identification card who ob shall be granted only if the district furnished such a list, the proprietor fails tained such a card through fraud or the director determines that the application to advise the district director of the misstatement of a material fact or who contains no misstatement of a material mames, addresses, and social security is convicted of a felony or convicted of a fact and may be denied if the applicant numbers of any new personnel employed misdemeanor in connection with the has been previously convicted of a felony by him in the carriage, receiving, stor theft and pilferage of merchandise may or of a misdemeanor involving the theft age or delivery of imported merchandise, have his identification card summarily or pilferage of merchandise. The finger within 10 days after such employment; revoked by the district director. prints of the applicant shall be taken on or if 30 days have elapsed from the date (f) The district director may at anyStandard Form 87 at the time of the the district director has invoked the time serve notice in writing upon any filing of the application. The identifica provisions of paragraph (e) of this sec proprietor of a bonded warehouse to tion card shall become valid when the tion and persons are still employed by show cause why his right to continue the U.S. Customs seal has been impressed the proprietor of the bonded warehouse bonded status of his warehouse should thereon and the card has been properly in the carriage, receiving, storage or de not be summarily discontinued for fail laminated. The identification card shall livery of imported merchandise who have ure to comply with the requirements of be presented to the person in whose name failed to obtain the identification card paragraph (d) of this section. The notice the card is issued and shall be in his required by such paragraph. shall advise him of the allegations and possession at all times when he is han (e) If the district director determines shall afford him the right to respond dling imported merchandise. Any person that, in a port or portion of a port, the in writing within 5 days. Thereafter, the holding an identification card who ob volume of cargo handled, the incidence district director shall consider the alle tained such a card through fraud or the of theft or pilferage, or any other factor gations and responses made by the said misstatement of a material fact or who related to the protection of goods in proprietor and issue a written decision, is convicted of a felony or convicted of FEDERAL REGISTER, VOL. 35, NO. T24— FRIDAY, JUNE 2d, 1970 PROPOSED RULE MAKING 10465 a misdemeanor in connection with the ments, and may require such a desig 20226. To assure consideration of such theft and pilferage of merchandise may nated messenger to carry and display submissions they must be received not have his identification card summarily upon request by a Customs officer an later than 30 days from the date of pub revoked by the district director. identification card, Customs Form 3873, lication of this notice in the F ederal with a photograph securely affixed (d) In exercising responsible super R egister. No hearing will be held. vision over its operations, a customhouse thereto, obtained as provided for in broker shall not employ a messenger paragraph (c) of this section and sub [seal] Edwin F. R ains, firm to transport Customs entry docu ject to revocation as provided in such Acting Commissioner of Customs. ments if such firm has not been approved paragraph. Approved: June 22, 1970. by the district director. As a condition of Consideration will be given to rele Eugene T. R ossides, such approval, the district director may vant data, views, or arguments pertain require that the messenger firm submit Assistant Secretary a list of the names, addresses, and social ing to the proposed amendments which of the Treasury. security numbers of persons employed by are submitted in writing to the Commis [F.R. Doc. 70-8208; Filed, June 25, 1970; them designated to transport such docu sioner of Custom^, Washington, D.C. 8:49 a.m.j FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10466 Notices The lands involved in the application lowing described area and are shown on DEPARTMENT OF THE INTERIOR are: maps on file in the Dillon District Office Bureau of Land Management South Tongass National Forest;' Dillon, Mont., and on maps and records Copper River Meridian, Alaska; in the Land Office, Bureau of Land [Serial No. AA-5927J Old Tom Creek Natural Area. Management, Federal Building, Billings, Beginning on Point A on mean high water, Mont. ALASKA coordinates 55*24'16" N. latitude, 132°24' W. longitude. Proceed S. 14® W., 2,370 feet to P rincipal Meridian Montana Notice of Proposed Withdrawal and point B; thence S. 9° W., 9,500 feet to point BROADWATER COUNTY Reservation of Lands C; thence S. 34° W., 7,640 feet to point D; thence S. 2°,W., 8,430 feet to point E; thence T.5N..R. IE., J une 18,1970. N. 41° W., 5,540 feet to point F; thence N. Secs. 1 and 2; The Forest Service, Department of Ag 14° W., 8,260 feet to point G; thence N. 2° W., Secs. 4, 7,11,17, and 18; riculture, has filed an application, serial 4,490 feet to point H; thence N. 18° W., 5,800 Secs. 30 and 31. feet to point I; thence N. 49° E., 6,330 feet T. 6 N., R. 1 E., number AA-5927, for the withdrawal of to point J; thence N. 89°20' E., 9,240 feet to Secs. 1 to 17, inclusive; the lands described herein from location the point of beginning. Secs. 20 to 29, inclusive; and entry under the public mining laws. Containing 4,274 acres located approxi Secs. 33 to 36, inclusive. The Forest Service desires to protect the mately 34 miles northwest from Ketchikan, T. 7 N„ R. IE., undisturbed natural condition of this Alaska, on the northeastern part of Prince Secs. 19 to 22, inclusive; area. The tract is utilized for research of Wales Island, Secs. 25 to 35, inclusive. purposes, studying the growth and mor T. 8 N., R. 1 E„ B urton W. S ilcock, Secs. 19 and 20; tality of the forest, for studies of spawn State Director. Secs. 28 to 32, inclusive. ing pink and chum salmon, and as an T. 6 N„ R. 2 E., untreated area in the study of aerial [F.R. Doc.' 70-8079; Filed, June 25, 1970; Sec. 7; spraying of an insecticide. The useful 8:45 ajn.j Secs. 17 to 20, inclusive; ness of the area for scientific and educa Secs. 30 and 31. , tional purposes lies primarily in the pre T. 4 N., R. 1 W., [Montana 12769] Secs. 4 to 6, inclusive; 1 vailing natural condition of the land. The Secs. 8 and 9. studies will provide an understanding of MONTANA T. 5 N., R. 1 W., the complex relationships existing be Secs. 3 to 25, inclusive; tween plants and animals and their en Notice of Classification of Lands for Secs. 28 to 30, inclusive; vironment under natural rather than Multiple Use Management Secs. 32 and 33. managed conditions. T. 6 N., R. 1 W., J une 18, 1970. For a period of 30 days from the date Sec. 1. of publication of this notice, all persons 1. Pursuant to the Act of September 19, T. 7 N., R. 1 W., 1964 (43 U.S.C. 1411-18), and the regu Seep. 25 and 36. who wish to’ submit comments, sugges lations in 43 CFR Parts 2410 and 2411, tions, or objections in connection with the public lands within the areas de The public land in the areas described the proposed withdrawal may present scribed below are hereby classified for aggregate approximately 48,353 acres. their views in writing to the undersigned multiple use management. Publication 4. For a period of 30 days from the date officer of the Bureau of Land Manage of this notice has the effect of segregat of publication in the F ederal R egister, ment, 555 Cordova Street, Anchorage, ing the described lands from appropria this classification shall be subject to the Alaska 99501. tion only under the agricultural land exercise of administrative review and The Department’s regulation, 43 CFR laws (43 U.S.C. Parts 7 and 9; 25 U.S.C. modification by the Secretary of the In 2311.1-3(c), provides that the authorized sec. .334) and from sales under section terior as provided for in 43 CFR 2411.2c. officer of the Bureau of Land Manage 2455 of the Revised Statutes (43 U.S.C. For a period of 30 days, interested parties ment will undertake such investigations 1171) and the lands shall remain open may submit comments to the Secretary as are necessary to determine the exist to all other applicable forms of appro of the Interior, LLM, 320, Washington, ing and potential demand for the lands priation, including the mining and min D.C. 20240. and their resources. He will also under eral leasing laws. As used herein, “public Edwin Zaidlicz, take negotiations with the applicant lands” means any lands withdrawn or State Director. agency with the view of adjusting the reserved by Executive Order 6910 of [F.R. Doc. 70-8080; Filed, June 25, 1970; application to reduce the àrea to the November 26,1934, as amended, or within 8:45 a.m.] minimum essential to meet the appli a grazing district established pursuant cant’s needs, to provide for the maximum to the Act of June 28, 1934 (48 Stat. concurrent utilization of the lands for 1269), as amended, which are not other Fish and Wildlife Service purposes other than the applicant’s, to wise withdrawn or reserved for a Federal eliminate lands needed for purposes more use or purpose. [Docket No. Sub-B-38] essential than the applicant’s and to 2. No adverse comments were received AMERICAN STERN TRAWLERS, INC. reach agreement on the concurrent man following publication o£. the notice of agement of the lands and their resources. proposed classification (35 F.R. 5634- Notice of Hearing The authorized officer will also prepare 5635) on April 7, 1970, or at the public J une 23,1970. a report for consideration by the Secre hearing held May 28, 1970. Discussion tary of the Interior who will determine American Stem Trawlers, Inc. has ap took place at the hearing which resulted plied for permission to transfer the op whether the lands will be withdrawn as in a review of the proposed classification. requested by the applicant agency. erations of the 296 feet 10 inches length Approximately 2,353 acres have been over-all fishing vessel “Seafreeze Atlan The determination of the Secretary added to the classification. The record tic,” constructed with the aid of a fishing on the application will be published in showing the comments received and vessel construction-differential subsidy, the F ederal R egister. A separate notice other information is on file and can be from the fishery for groundfish (cod, will be sent to each interested party of examined in the Dillon District Office, cusk, haddock, hake, pollock, and ocean record. Bureau of Land Management, Dillon, perch) and whiting to the fishery for If circumstances warrant, a public Mont. groundfish (cod, cusk, haddock, hake, hearing will be held at à convenient 3. The public lands affected by this pollock, and ocean perch) whiting, her time and place, which will be announced. classification are located within the fol ring, squid, and mackerel. FEDERAL REGISTER, VOL. 35, NÒ. 124— FRIDAY, JUNE 26, 1970 NOTICES 10467 Notice is hereby given pursuant to the Research Livestock Labs, Inc., 12934 Banyon M. E. Northcutt, doing business as Goodwill Road, North Miami 33161. Kennels, Route 5, Cynthiana 41031. provisions of the U.S. Fishing Fleet Im J. W. Toombs, Route 1, Moreland 40454. provement Act (Public Law 88-498) and I daho Maine notice and hearing on subsidies (50 CFR Lewis-Clark Animal Shelter,.Inc., Post Office Part 257) that a hearing in the above- Box 804, Lewiston 83501. The Jackson Laboratory, Otter Creek Road, entitled proceedings will be held on Bar Harbor 04609. I llinois July 30, 1970, at 10 a.m., d.s.t., in Room Maryland 3356, Interior Building, 18th and C Oscar V. and Alice B. Calanca, partners, do Streets NW., Washington, D.C. Any per ing business as Calanca’s Beagles, Rural Animal Resources, Inc., Post Office Box 67, Route 1, Box 175, Grayslake 60030. Woodsboro 21798. son desiring to intervene must file a peti Don A. Carlson, doing business as Viking Joel Thomas McGinnes, Sandy Island Road, tion of intervention with the Director, Kennels, 238 Sanders Road, Deerfield 60015. Goldsboro 21636. Bureau of Commercial Fisheries, as pre General Foods Corp., Rural Route 3, St. Anne Commando K—9 Detectives, Inc., 6501 Sheriff scribed in 50 CFR Part 257 at least 10 60964. Road, Landover 20786. days prior to the date set for the hear Kraftco Corp., 801 Waukegan Road, Glen Wilber Lee Eckert, Harney Road, Taney- ing. If such petition of intervention is view 60025. town 21787. granted, the place of the hearing may be Robert R. Motsinger, doing business as Mot- Flow Laboratories, Inc., 12601 Twinbrook changed to a field location. Telegraphic singer Kennels, Rural Route 2, St. Joseph Parkway, Rockville 20850. 61873. Lab-a-la-Cat & Co., Box 69, Rural Free De notice will be given to the parties in the Omls Corp., 338 North Menard Avenue, Chi livery 2, Keymar 21757. event of such a change along with the cago 60644. George W. Smith, Draper Mill Road, Golds new location, Bertha Peterson, 801 Greenwood, Waukegan boro 21636. J ames F. Murdock, 60085. Edgar E. Walls, Sr., Route 1, Box 57A, Centre- Chief, Research Industries Corp., Post Office Box ville 21617. Division of Financial Assistance. 97, Route 1, Monee 60449. Massachusetts Thompson Research Foundation, Route 1, [F.R. Doc. 70-8101; Filed, June 25, 1970; Box 97, Monee 60449. Country Kennels, Inc., 107 Concord Street, 8:47 a.m.] Lewis N. Warren, Box 125, Pana 62557. Holliston 01746. Wedge’s Creek Research Farm, 1810 Frontage John S. Czepiel, 26 Paderewski Avenue, Road, Northbrook 60062. Chicopee 01013. Dr. Orville H. Drumm, doing business as I ndiana O’Malley Animal Hospital, 100 Boylston DEPARTMENT OF AGRICULTURE Robert A. Everett, doing business as Oak Street, Clinton 01510. Agricultural Research Service dale Farm & Kennel, Route 5, Decatur Alvin C. Finch, doing business as Pineland 46733. Farm Kennels, 93 Leonard Street, Rayn- LICENSED DEALERS UNDER LABORA Hazleton Research Animals, Inc., Rural ham 02767. Route 3, Box 303A, Sheridan 46069. Vincent R. Malone, 42 Oakland Street, TORY ANIMAL WELFARE ACT Robert Metcalf, doing business as Indiana Medway 02053. List Beagles, Route 1, Box 88, Auburn 46706. Northeast Primates, Inc., Route 114, North David W. Wilson, doing business as Wilson Main Street, Middleton 01949. Pursuant to § 2.127 of the regulations Small Animal Farm, Rural Route 3, Box 91, Michigan (9 CFR 2.127) under the Act of August Vincennes 47591. 24, 1966 (80 Stat. 350; 7 U.S.C. 2131 et Alton S. Windsor, Sr., doing business as H-Bar B Beagles, Inc., 1982 North Farley seq.), commonly known as the Labora Windsor Biology Gardens, Box 1210, Bloom Road, Essexville 48732. ington 47401. Grant Hodgins, doing business as Hodgins tory Animal Welfare Act, notice is hereby Harry K. Zook, doing business as Maple Hill Kennel, 6110 Lange Road, Howell 48843. given that, as of June 15, 1970, the fol Kennel, Route 7, Martinsville, Ind. 46151. Laboratory Research Enterprises, Inc., 6251 lowing dealers were licensed under said South Sixth Street, Kalamazoo 49001. Act and regulations as indicated below: I owa Henry and Leo Lahar, partners, doing busi Alabama Dewey Adams, 514 North Kent Street, Knox ness as Old Dependable Farms, Route 1, ville 50138. Pinconning 48650. G. R. Floyd and E. A. Marchand,. partners, Henry F. Bockenstedt, Route 1, Earlville Stanley E. Morell, 5722 West M-81 Road, Route 1, Box 235D, McDonald Road, Irv 52041. Cass City 48726. ington 36544, Earl Fox, Jr., Rural Route 3, Forest City Edward Radzilowski, doing business as Mead- Arkansas 50436. owbrook Farms and Company, 10533 George J. E. Holzwarth, doing business as Coralea Hull, Rural Route 1, Weldon 50264. Gratiot, Richmond 48062. George J. E. Holswarth Co., Post Office Box Dave Irving, Route 1, Charlton 50049. Tri-Co Research Projects, Inc. (Harold Wu, 186, Fayetteville 72701. Robert R. Lauer, doing business as Lauer’s President), 4346 North 37th Street, Gales Pel Freez Bio-Animals, Inc., Post Office Box Kennels, Route 1, Fredericksburg 50630. burg 49053. j 68, Rogers 72756. Eimer B. Scherbring, doing business as Clear- Tri-Co Research Projects, Inc. (Arthur P. view Kennels, Route 2, Box 80, Earlville California Wurfel, President), 4346 North 37th Street, 52041. Galesburg 49053. K ansas The Hine Laboratories, Inc., doing business Robert J. and Roberta L. Woudenberg, part as The Lazy H. Animal Ranch, 1195 Mee Joseph Bloomer, Lebanon 66952. ners, doing business as R and R Research Lane, Saint Helena 94574. Charles M. Brink, Route 2, Box 13, Paola Breeders, Route 2, 19256 West Kendaville Henry K. Knudsen, doing business as Knud- 66071. Road, Howard City 49329. sen’s Biological Supplies, 12488 South High Omer D. Hosier, Rural Route 2, Valley Falls way 50, Lathrop 95330. 66088. Minnesota Charles V. Means, Jr., doing business as Cali National Laboratories, 1700 63d Street, Kan Delores N. Beise, Route 4, Hastings 55033. fornia Cavlary, 10830 Prairie Avenue, Ingle sas City 66106. wood 90303. Melvin Beise, doing business as Beise Ken Kenneth Phillips, Route 1, Box 96, Edgarton nels, Route 1, Jordan 55352. Connecticut 66021. James Goebel, Janesville 56048. Joseph Bagliore, doing business as Montow- Dale Sappington, doing business as Sapping- Donald Hippert, Kasson 55944. ese Cattery, 61 Quinnipiac Avenue, North ton Research Animal Supply, 6021 Gibbs Ben M. Kruger, Hayfield 55940. Haven 06473. Road, Kansas City 66106. Allen W. LaFave, 402 Third Street SE„ East District of Columbia Theracon, Inc., Box 1493, Topeka 66601. Grand Forks 56721. George Mazur Enterprises, Inc., 77 Eye Street Kentucky Norman L. Larson, doing business as Wayside SE., Washington 20003. Walter T. Baker, Route 2, Water Valley 42085. Kennels, Route 2, Box 449, Long Lake 55336. F lorida Earl Feeback, doing business as Bourbon County Dog Pound County Farm, Ruddles Elzear O’Maley, LeCanter 56057. Dawson Research Corp., 114 West Grant Ave Nick Relland, Mazeppa 55956. nue, Orlando 32806. Mills Road, Route 3, Paris 40361. Dale E. Langford, doing business as Suwanee Kenneth W. Higgins, Route 2 c/o Aiful Winn, Bill Ryan,‘Millville 55957. Kennels, Post Office Box 115, Chlefland Greenville 42345. Math L. Serger, Route 2, Watkins 55389. 32626. William A. Newman, Beech Creek 42321. M. J. Wachlin, Sargeant 55973. FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10468 NOTICES Mississippi New Y ork P ennsylvania Dr. Joe G. Martin, 125 Martin Street, Ripley Ronald M. Barlow, doing business as Barlow Glenn E. Blantz, doing business as Valley 38663. Research Animals, Ridge Road, Pompey View Kennels, Rural Delivery T, Annville Hollie Vanlandingham, doing business as 13138. 17003. V & B Animal Shelter, Post Office Box 133, Albert G. Bean, Rural Delivery 3, Moravia Buckshire Corp., 2025 Ridge Road, Perkasle Vardaman 38878. 13118. 18944. Claude Benjamin, doing business as Lake Carney Laboratory Kennels, Inc., Post Office Missouri Brook Kennel, Hobart 13788. Box 45, Bedminster 18910. Wanda Barnfield, doing business as Bar-Wan Chordata Corp., 260 Lakeside Road, Ontario Dierolf Farms, Inc., Post Office Box 26, Boyer- Rabbitry & Kennel, Route 1, Box 60, 14519. town 19512. Crocker 65452. Cornell University, doing business as Cornell Edward B. and Nancy L. Eberts, doing busi Welton P. Gegg, Star Route 1, Box 75, Ste. Dog Farm, Sapsucker Woods Road, Ithaca ness as Eberts Mountainview Kennel, Rural Genevieve 63670. , 14850. Delivery 3, Newville 17241. Wilbert Gruenefeld, Route 1, Jonesburg Edward G. Fabry, 267 Congers Road, New Sam Esposito, doing business as Quaker Farm 63351. City 10956. Kennels, Rural Delivery 1, Box 137A, Quak- Rimer G. Hines, doing business as Sho-Me Food and Drug Research Laboratories, Inc., ertown 18951. Kennels, Rural Route 1, Grain Valley Maurice Avenue at 58th Street, Maspeth Betty Free, 1339 Richland Pike, Rural Deliv 64029. 11378. ery 4, Qaukertdwn 18951.' Woodrow W. Huffstutler, doing business as George K. Holbert, Box 27, Sugar Loaf 10981. Fletcher Funkhouser, Route 2, Jonestown Ozark Research Supplier, Rural Route 3, Marshall Research Animals, Inc., North Rose 17038. Vienna 65582. 14516. Haycock Kennels, Inc., Rural Delivery 4, Harold Miller, Granger 63442. The Mary Imogene Bassett Hospital, Coopers- Quakertown 18951. Ralston Purina Co., Purina Research Farm, town 13326. Charles Hazzard, doing business as North Gray Summit 63039. Creek Breeding Colony, Rural Delivery 2, Arthur Nerseslan, doing business as Rock Box 371, Honey Brook 19344. Sho-Me Research Dogs, Inc., 608 South Mountain Valley Farm, Clove Valley Road, Fourth Street, Columbia 65201. Charles A. Hockenberry, doing business as High Falls 12440. Perry Valley Kennels, Blain 17006. Montana Arthur Phillips, Rural Delivery 2, Box 386, Russell B. Hutton, Rural Route 1, St. Thomas Dr. Earl M. Pruyn, 1515 Livingston, Missoula Warwick 10990. 17252. 59801. Robert W. Steedman, 8363 North Road, Le M. L. Kredovski, doing business as Lone Trail Nebraska Roy 14482. Kennels, Post Office Box 46, Friedensburg Donald L. Stumbo, doing business as StUmbo 17933. Viola and Keith Hansen, Route 2, Box 91, Farms, Reed Road, Lima 14485. J. Glen and Shirley L. Longenecker, partners, Pender 68047. Warren H. Wilson, Rural Delivery 1, Naples doing business as Pine Glen Farms, Rural Richard L. and Helen M. Heilman, partners, Delivery 3, Columbia Cross Roads 16914. doing business as Heilman Kennels, Route 14512. North Carolina George E. Miller, Rural Delivery 2, Palmyra 1, Box 407, Gretna 68028. 17078. Keith Hindmarsh, 1816 Briarcliff, Fremont Warren E. Bowes, doing business as Bowes Janet Neamand, doing business as White 68025. Kennel, Route 4, Box 20, Roxboro 27573. Eagle Farms, 2015 Lower State Road, Mrs. Sylvia Melsinger, Rural Route 1, Ash Jack V. Hill, doing business as Aardvark Doylestown 18901. land 68003. ' Medical Research Utilities, Route 4, Box George F. Pierce, doing business as Pleasant Don and Donna Merten, partners, Albion 332, Clinton 28328. View Kennel, Box 131, Rural Delivery 3, 68620. John Dorkis Wise, doing business as Wise’s Hummelstown 17036. Mrs. William Packer, Route 2, Wood River Kennels, Route 2, Box 66A, Dunn 28334. Three Springs Kennels, Inc., Rural Delivery 1, 68883. Zelienople 16063. Mrs. Donald Scarlett, 904 West Harrison, Ohio Noah W. Wenger, Rural Delivery 3, Box 56, Albion 68620. Paul Anthony, doing business as Kiser Lake Manheim 17645. New Hampshire Kennels, Trestle Road, St. Paris 43072. Marlin U. Zartman, Rural Delivery 2, Box 3, Douglassville 19518. Henry N. and Roger A. Bickford, partners, Hubert P. Becker, Rural Route 5, Box 548, Goose Pond Road, Lyme Center 03769. Celina 45822. R hode I sland Joseph A. Carberry, 15 Emerson Parkway, Carrol Blue, doing business as Blue’s Animal James Leo Burke, doing business as Shangri- Salem 03079. Farm, Route 1, Plain City 43064. La Kennels, 750 Greenville Avenue, John Faunalabs, Inc., Frederick M. Dittmar, North Romle C. Dudding, Route 1, Box 255C, Iron- ston 02919. Main Street, Star Route, Plaistow 03865. ton 45638. T ennessee John B. Simpson, Pike 03780. Romeo and Quintino Marchetti, partners, Terrell Fisher, Route 1, Greenbrier 37073. New J ersey doing business as Roe-Quinn Kennels, William L. Hargrove, Jr„ West Avenue, 16728 Route 700, Burton 44021. Medina 38355. Affiliated Medical Enterprises, Inc., Post Office Frank H. Maxfield, doing business as Max- James B. Wampler, Post Office Box 991, Cleve Box 57, Princeton 08540. field Animal Supply, 3192 Little Dry Run land 37311. James J. Barton, doing business as Barton’s Road, Cincinnati 45244. West End Farms, Rural Delivery 1, Box 241, T exas Donald E. Miller, doing business as Bomber Baylor College of Medicine, Department of Oxford 07863, Hill Kennels, Route 1, South Point 45680. Joseph Byrnes, doing business as Valley Vivarium, 1200 Moursund Avenue, Houston Graydon E. Miller, Route 1, Box 301, South 77025. Farms, Post Office Box 585, West Paterson Point 45680. 07424. Granville Dawson, Post Office Box 181, Cald A. W. Sterrett, doing business as A. W. Ster- well 77836. Henry Christ, Rural Route 3, Box 208, rett Laboratory Animals, 2223 Savoy Ave Dr. Lavell T. Davis, 2500 West Morton, Farmingdale 07727. nue, Akron 44305. Denison 75020. George Clauss, 18—19 Saddle River Road, Fair Oklahoma Dr. J. L. Markham, doing business as High Lawn 07410. Plains Lab Animals, Box 7, Canyon 79015. John W. Jaeger, Post Office Box 345, Sussex Oscar C. and Larry W. Adams, doing business Oarmon Nichols, doing business as C & N 07461. as Adams Lab Animal Kennels, 614 West Kennels, 100 Elm Street, Bonham 75418. K-G Farms, Inc., 3651 Hill Road, Parsippany Arbuckle, Pauls Valley 73075. Dr. M. G. Scroggs, 7109 Lake Worth Boule 07054. Charles Alexander, doing business as Alex vard, Fort Worth 76135. New Windsor Farms, 447 Main Street, Lodi, ander’s Kennels, Route 1, Wayne 73095. Dr. James E. Teague, Post Office Box 206, 07644. Len Bilke, 206 I Southeast, Miami 74354. Dublin 76446. Price Research Laboratory, Inc., 7300 North ; John W. Isern, doing business as Jackson Utah Crescent Boulevard, Pennsauken 08110. County Biological Supply Co., Route 1, Thomas F. Imlay, doing business-as Dogs for Ridge Laboratories, Inc., 15 Spruce Street, Blair 73526. Research, 4996 South Redwood Road, Basking Ridge 07920. Oregon Murray 84107. Vermont West Jersey Biological Supply, Inc., South James W. Dennis, Post Office Box 237, Gaston Marion Avenue, Wenonah 08090. 97119. Allen B. Clark, Box 171, Hartford 05047. Barbara A. Williams, doing business as Hill- Robert G. Shoemake, doing business as R. G. William Duby & Madeline Duffy, partners, dale Farms, Box 728, Dutchmill Road, Kennels, 17225 Southeast McLaughlin Colchester 05446. Franklinville 08322. Boulevard, Milwaukee 97222. Rosalre Paradis, Enosburg Falls 05450. FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 NOTICES 10469 Virginia Consolidated Farmers Home Admin compliance with the law and regulations, ANTEC Corporation, Post Office Box 909, Lees istration Act of 1961 (7 U.S.C. 1961), it on June 17, 1970, issued to the Kelso burg 22075. has been determined that in the here Marine, Inc., a certificate of compliance Gordon Barnette, Route 3, Box 42, Chase City inafter-named counties in the State of on Form 1262, as provided in 46 CFR 23924. California, natural disasters have caused 67.23-7 (d). The certificate and any au Tom R. Bright, Box 575, Coebum 24230. a need for agricultural credit not readily thorization granted thereunder will ex Sidney J. Edwards, doing business as Edwards available from commercial banks, co pire 3 years from the date thereof unless Kennel, 4401 Greendell Road, Chesapeake operative lending agencies, or other there first occurs a change in the corpo 23321. Hazleton Research Animals, Inc., Post Office responsible sources. rate status requiring a report under 46 Box 30, Palls Church 22046. California CFR 67.23-7 (c). John W. Henry, Middletown 22645. San Joaquin Stanislaus Dated: June 17, 1970. Leslie H. Judd, doing business as Rocky Lane Kennels, Route 1, Box 282, Edinburg 22824. Pursuant to the authority set forth C. R. B ender, Noel E. Leach, doing business as Leach Ken above, emergency loans will not be made _ Admiral, U.S. Coast Guard, nels, 922 North Main Street, Chase City in the above-named counties after Commandant. 23924. Freel P. Mullins, Route 1, Box 178, Clintwood June 30, 1971, except to applicants who [P.R. Doc. 70-8090; Piled, June 25, 1970; 24228. previously received emergency or special 6:46 a.m.] Troy William Mullins, 15100 Compton Road, livestock loan assistance and can qualify Centreville 22020. under established policies and pro Jack T. Musick, 2333 Shakeville Road, Bristol cedures. - 24201 ATOMIC ENERGY COMMISSION C. C! Porter, Route 2, Abingdon 24210. Done at Washington, D.C., this 22d Earl Ridgeway, Route 3, Bristol 24201. day of June 1970. [Docket No. 50-294] Earl Saunders, doing business as Myers Creek Clifford M. H ardin, MICHIGAN STATE UNIVERSITY Kennel and Supply Co., Route 2, Box 666, Secretary of Agriculture. Lancaster 22503. Notice of Issuance of Amendment to John P. Thompson, Rural Free Delivery 2, [P.R. Doc. 70-8084; Piled, June 25, 1970; Box 63, Saltville 24370. 8:45 a.m.] Facility License Washington .The Atomic Energy Commission (“the H. D. Cowan, 18015 140th Avenue SE., Renton Commission“) has issued, effective as of 98055. the date of issuance, Amendment No. 1 Robert L. and Margot P. Dry, partners, doing DEPARTMENT OF to Facility License No. R-114 dated business as Berliner Zwinger Kennels, March 21, 1969. The license presently Route 1, Box 302, Colbert 99005. TRANSPORTATION authorizes Michigan State University to Charles C. Kruger, D.VM., doing business as possess, use and operate the TRIGA Schaferhaus Kennels, Reg., 1043 South Coast Guard Mark I nuclear reactor located on its 140th Street, Seattle 98168. campus in East Lansing, Mich. The William R. Moery, 6425 208th NE., Redmond [CGFR 70-81] 98052. amendment authorizes the use of a three Mrs. Janet R. Wilcox, doing business as KELSO MARINE, INC. curie americium-beryllium startup source Jareaux Kennels, 26607 Pacific Highway Notice of Qualification as U.S. Citizen in addition to the previously authorized South, Kent 98031. seven curie polonium-beryllium source. 1. This is to give notice that pursuant By letter dated April 8,1970, Michigan West Virginia to 46 CFR 67.23-7, issued under the pro State University requested authorization William Custer, doing business as Custer’s visions of section 27A of the Merchant to receive, possess, and use a three curie Boarding Kennels, Dallas Pike, Triadelphia 26059. Marine Act, 1920, as amended by the Act americium-beryllium startup source in R. H. Kester, doing business as Ro-Lyn Ken of September 2, 1958 (46 U.S.C. 883-1), connection with operation of the reactor. nels, Route 4, Box 197—D, Martinsburg Kelso Marine, Inc., 7002 Industrial The Am-Be source will be doubly en 25401. Boulevard, Galveston, Tex., incorporated capsulated in type 304 stainless steel Wisconsin under the laws of the State of Texas, did designed to provide a 0.005 inch maxi Wayne Anderson, Route 2, Box 160, Richland on May 26, 1970, file with the Comman mum diametrical air gap between the Center 53581. dant, U.S. Coast Guard, in duplicate, an stainless steel and the aluminum source Pred J. Barr, doing business as Barr Beagle oath for qualification of a corporation as container presently being used. From Kennels, Route 2, Greenwood 54437. a citizen of the United States following our previous analyses of the use of this John W. Evans, doing business as Merry Hill the form of oath prescribed in Form 1260. type of source and from the history of its Kennel, Route 1, Box 177, Sun Prairie 2. The oath shows that: successful use in other TRIGA reactors, 53590. (a) A majority of the officers and di we have determined that the use of the Walter Peuschel, 13101 North Wauwatosa Road, 76 West, Mequon 53092. rectors of the corporation are citizens of proposed americium-beryllium source Ridglan Farms, Inc., 301 West Main Street, the United States (list of names, home and the issuance of this amendment will Mount Horeb 53572. addresses, and citizenship attached to the not be inimical to the common defense Leonard Tauber, Route 1, Waldo 53093. oath) ; and security or to the health and safety (b) Not less than 90 percent of the of the public. Done at Washington, D.C., this 22d day of June 1970. employees of the corporation are resi Within fifteen (15) days from the date dents of the United States; of publication of the notice in the F ed R . E. Omohundro, (c) The corporation is engaged pri eral R egister, the applicant may file a Acting Director, Animal Health marily in a manufacturing or mineral in- request for a hearing and any person Division, Agricultural Re düstry in the United States, or in a Ter whose interest may be affected by this search Service. ritory, District, or possession thereof; proceeding may file a petition for leave IF.R. Doc. 70-8116; Piled, June 25, 1970; (d) The aggregate book value of the to intervene. Requests for a hearing and 8:48 a.m.] vessels owned by the corporation does not petitions to intervene shall be filed in exceed 10 percent of the aggregate book accordance with the Commission’s Rules value of the assets of the corporation; of Practice in 10 CFR Part 2. If a request Office of the Secretary and for a hearing or a petition for leave to (e) The corporation purchases or pro intervene is filed within the time pre CALIFORNIA duces in the United States, its Territories, scribed in this notice, the Commission Designation of Areas for Emergency or possessions not less than 75 percent of will issue a notice of hearing or an ap Loans the raw materials used or sold in its propriate order. operations. For further details with respect to this For the purpose of making emergency 3. The Commandant, U.S. Coast amendment, see (1) the licensee’s ap ioans pursuant to section 321 of the Guard, having found this oath to be in plication for license amendment dated FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10470 NOTICES April 8, 1970, and (2) the amendment to of AI and some of the officers of both Air We turn first to the control relation facility license, which are available for lift Corp. and AI will be the same indi ships presented by Airlift’s application. public inspection at the Commission’s viduals. The merger and reorganization With the passage of Public Law 91-62 ef Public Document Room at 1717 H Street are subject to the condition that an In fective August 5, 1969, Congress in NW., Washington, D.C. Copies of the ternal Revenue Service ruling, or a satis amending section 408 of the Act has in amendment may be obtained upon re factory opinion of counsel, is obtained to dicated its desire that the Board approve quest addressed to the Atomic Energy the effect that the transaction will be the acquisition of control , of an air car Commission, Washington, D.C. 20545, At accomplished on a tax-free basis.2 rier by “any person.” Congress indicated tention: Director, Division of Reactor Specifically, Airlift has requested that its concern with the financial manipula Licensing. the Board disclaim jurisdiction over or tion to which air carriers might be sub Dated at Bethesda, Md., this 17th day approve (1) under section 408 of the jected by changes in control, with the of June 1970. Federal Aviation Act of 1958, as possibility that air carriers be diverted amended (the Act) the merger of Airlift by those acquiring control from their For the Atomic Energy Commission. into AI and the acquisition of control principal function as common carriers, D onald J. Skovholt, by Airlift Corp. of the surviving corpo and with the need to closing the gap Assistant Director for Reactor ration, AI, and (2) under section 409 of between the requirement of section 401 Operations, Division of Re the Act, the interlocking relationships .(h) and those of section 408(a) of the actor Licensing. involving Airlift Corp. and AI as pro Act prior to the recent amendment of the posed in the plan of reorganization. The latter section.® Prior to this amendment IF.R. Doc. 70-8086; Filed, June 25, 1970; application also requests approval un the Board has disclaimed jurisdiction 8:46 a.m.} der section 401(h) of the transfer of over transactions involving corporate Airlift’s certificates of public conven reorganizations* However, subsequent to ience and necessity for Routes 120 and this amendment the Board has exercised 109.® jurisdiction over such transactions.7 In CIVIL AERONAUTICS BOARD On January 26, 1970, Air Line Pilots any event, Airlift has submitted to the [Docket No. 21508; Order 70-6-120} Association, International (ALPA), filed Board’s jurisdiction and has requested an answer4 requesting that the Board approval of the transaction. AIRLIFT INTERNATIONAL, INC. assert jurisdiction over the Airlift re Having considered the present appli Order Tentatively Approving Control organization and impose appropriate la cation, we have tentatively decided to bor protective provisions on its order of approve (1) the transaction involving the Relationships and Transfer of approval to protect the work opportuni merger of Airlift into AI and the ac Certificates ties and rights of Airlift pilots. quisition of control by Airlift Corp. of AI; Application of Airlift International, In support of the application Airlift and (2) the transfer to AI of Airlift’s Ihc., for approval under sections 401 and states that, in its view, the strength and certificates of public convenience and 801 of the Federal Aviation Act of 1958, stability of its existing air carrier opera necessity. as amended, and disclaimer of jurisdic tion can be increased through diversifica The plan before the Board provides for tion or approval under sections 408 and tion into businesses other than air carrier the reorganization of Airlift as an 409. activities. Applicant also states that Air operating subsidiary of a newly formed Adopted by the Civil Aeronautics Board lift Corp. will have no air carrier obli holding company. AI is to be organized at its office in Washington, D.C., on the gations and will be free to make invest as a subsidiary shell of Airlift Corp. and, 19th day of June 1970. ments which will add to the underlying upon completion of the transfer of Air By application filed October 10, 1969,1 strength of the air carrier operations to lift property and assets, will be essentially Airlift International, me. (Airlift), re be conducted by AI, without subjecting the same corporation as Airlift and op quests that the Board disclaim jurisdic those operations to the adverse influ erate under the same name.8 Airlift’s tion over or approve certain transactions ences of the other businesses in which present stockholders will become the relative to a plan of corporate reorga Airlift Corp. invests. Further, Airlift rep stockholders of Airlift Corp. The same or nization to be undertaken by Airlift as resents that there will be no loss of any substantially the same persons serving a method of diversification into other tax attributes now available to Airlift; as officers and directors of Airlift will business activities. In addition, the ap that Airlift Corp., as well as AI, will as serve as officers and directors of Airlift plication requests that the Board approve sume payment and conversion obliga Corp. and AI. We therefore have deter the transfer of certificates of public con tions under the outstanding convertible mined under the third proviso of section venience and necessity to a new operating rights of Airlift; that upon completion of 408(b) that the transaction does not company to be formed under the plan. the reorganization, the business of Air The plan of reorganization contem lift will be carried on by AI in substan 5 Section 401(h) prohibits the transfer of plates the formation by Airlift of a tially the same way as if the reorganiza an air-carrier certificate to any person unless wholly-owned subsidiary, Airlift Corp.,’ tion had not occurred; and that Airlift the transfer is approved by the Board. On and the organization by ^Airlift Corp. of Corp. and AI will not compete with each the other hand, prior to the enactment of other or engage in substantial business Public Law 91-62, section 408(a) prohibited, its own wholly-owned subsidiary, Airlift unless approved by the Board, the acquisition Air Freight Corp. (AI). Airlift, Airlift transactions between them, apart from of control of an air carrier, through stock Corp., and AI will enter into a merger Airlift Corp.’s holding AI stock and re ownership for example, only by persons with agreement providing for the merger of ceiving dividends thereon. in specified categories, i.e., another air car Airlift into AI, which will receive all of rier, a person controlling another air carrier, the properties and assets of Airlift, and 2 A majority of the shareholders of Airlift any other common carrier, or a person en approved the reorganization at a meeting gaged in a phase of aeronautics. Such acqui assume all of its liabilities. Under the held on Nov. 21,1969. sitions by any other person required no prior merger agreement five shares of Airlift’s 3 In addition to Board approval, Presiden Board approval. outstanding common stock will be ex tial approval is required under section 801 “See, e.g., United Air Lines, Inc., Order 69- changed for one share of the common of the Act, since Airlift’s certificate for Route 4-67, Feb. 17,1969. stock of Airlift Corp. After the merger, 109 approved by the President on Aug. 1, 7 The Flying Tiger Line Inc., Order 69-12- Airlift’s existing air carrier activities will 1966 and Issued pursuant to Board Order E~ 121, Dec. 29, 1969, and Order 70-6-119, May 5, be continued by AI which will change its 24032, temporarily authorized the air car 1970. rier to engage in overseas air transportation 8 By application filed Aug. 7, 1969 (Docket name to Airlift International, Inc. In ad with respect to property and mail through 21288) Airlift requested, inter alia, that the dition, the directors and officers of Airlift July 2, 1967. The air carrier has filed a timely Board approve under section 408 of the Act, Corp. and AI will be the same or substan application for renewal which is presently or exempt from the requirements thereof, tially the same as those of Airlift. The pending in Docket 18060. Airlift’s participation in the capitalization directors of Airlift Corp. will be directors * Since ALPA’s answer was filed late, it was of Canadian Airlift, Ltd., by the acquisition accompanied by a motion for leave to file of a stock Interest therein. The matter is an unauthorized document. No objections pending before a hearing examiner of the 1 The application was supplemented by lethaving been received, we shall accept ALPA’s Board pursuant to Order 69-11-69, Nov. 17, ter of Jan. 19,1970. late filing. 1969. FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 NOTICES 10471 affect the control of an air carrier di be afforded an opportunity to comment By order 70-6-19, dated June 2, 1970, rectly engaged in the operation of air on the Board’s decision. action was deferred, with a view toward craft in air transportation, does not We turn now to the consideration of eventual approval, on an agreement result in creating a monopoly, and does the interlocking relationships between adopted by the International Air Trans not tend to restrain competition. Fur Airlift Corp. and AI which attend Air port Association GATA), relating to spe thermore, no persons disclosing a sub lift’s reorganization plan. The applicant cific commodity rates. In deferring action stantial interest is requesting a hearing requests, inter alia, that the Board dis on the agreement, 10 days were granted and we tentatively conclude that the pub claim jurisdiction over the relationships./ in which interested persons might file lic interest does not require a hearing. For its part, the Board believes that a petitions in support of or in opposition While the reorganization will enable the disclaimer would be warranted and, con to the proposed action. new parent corporation to engage in sistent with its previous action in similar No petitions have been received within diversified activities in addition to its circumstances,10 intends to take such ac the filing period, and the tentative con control of the air carrier, the reor tion in its final order. clusions in Order 70-6-19 will herein ganized company will continue the air With respect to the transfer of certifi be made final. carrier activities of Airlift. In this re cates, we believe that AI will be, for all Accordingly, it is ordered, That: spect we note that the application raises practical purposes, the same company as Agreement CAB 21753, R^l and R-2, no new issues not heretofore presented Airlift with the same officers and direc and R-4 through R-7, be and it hereby to the Board. We therefore find that the tors, and accordingly, we tentatively is approved: Provided, That approval transactions involved in the reorganiza conclude that approval of the transfer shall not constitute approval of the tion do not appear to be inconsistent with to AI of the certificates of public con specific commodity descriptions con the public interest, and that the condi venience and necessity presently held by tained therein for purposes of tariff tions of section 408 will be fulfilled; and Airlift is consistent with the public in publication. we tentatively approve the application, terest and should be approved.11 This order will be published in the based upon the current factors affecting Accordingly, it is ordered, That: F ederal R egister. the control by the parent corporation of the air carrier. 1. Subject to the conditions herein [seal] Harry J. Zink , above discussed, tentative approval be Secretary. However, we also believe that appro and it hereby is granted to (a) the priate conditions should be imposed upon merger of Airlift into Airlift Air Freight [F.R. Doc. 70-8106; Filed, June 25, 1970; our tentative approval to permit the Corp.; (b) the acquisition of control by 8:47 a.m.] Board to reexamine its action should Airlift Corp. of Airlift Air Freight Corp.; changes in circumstances warrant such and (c) the transfer of Airlift’s certifi [Docket No. 20993; Order 70-6-124] review. Consistent with previous Board cates of public convenience and neces INTERNATIONAL AIR TRANSPORT action in similar instances8 we shall pro sity; ASSOCIATION vide in our final order for the retention 2. Interested persons are afforded a of jurisdiction to reexamine our action period of ten (10) days within which to Order Regarding Specific Commodity and to impose other conditions if appro Rates priate; require prior Board approval of file comments on or request a hearing any subsequent acquisitions of control by with respect to the Board’s proposed ac Issued under delegated authority, any person of Airlift Corp. while the tion on the application in Docket 21508; “ June 22, 1970. latter company controls AI; and ex and By Order 70-6-5, dated June 1, 1970, pressly provide for prior Board approval 3. The Attorney General of the United action was deferred with a view toward of acquisitions of control subject to sec States be furnished a copy of this order eventual approval, on an agreement em tion 408 of the Act by Airlift, AI or any within 1 day of publication. bodied in the resolutions of the Joint of their affiliates or subsidiaries. Also, in This order shall be published in the Conferences of the International Air order to protect the public against any F ederal R egister. Transport Association GATA) and impairment of the air carrier’s certificate adopted by the Ninth Meeting of the obligations which might arise by reason By the Civil Aeronautics Board. Joint Specific Commodity Rates Board. of the relationships or transactions [seal] Harry J. Zink, As it applies in air transportation, the among Airlift and its subsidiaries or Secretary. agreement is limited to matters relating affiliates, we intend to impose appropriate to transpacific specific commodity rates. accounting requirements with respect to [P.B. Doc. 70-8105; Filed, June 25, 1970; Basically, the agreement extends for a the instant reorganization; reporting re 8:47 a.m.] further period of effectiveness certain quirements with respect to intercompany specific commodity rates under current financial holdings; and conditions which [Docket No. 20993; Order 70-6-121] descriptions, adopted since the last meet would require prior Board approval of ing of the Rates Board. The agreement any intercompany transactions with or INTERNATIONAL AIR TRANSPORT also names several rates to added points affecting AI and having an aggregate ASSOCIATION under existing commodity descriptions, value annually of $100,000 or more. Order Regarding Specific Commodity and proposes reduced rates under a few On the other hand, the imposition of a new commodity descriptions. condition regarding labor protective pro Rates In deferring action on the agreement, visions as requested by ALPA is not war Issued under delegated authority 10 days were granted in which interested ranted. ALPA has made no showing that June 22,1970. persons might file petitions |n support of labor dislocation, disruption, or disputes or in opposition to the proposed action. way be reasonably anticipated as a result No petitions have been received within 10 The Flying Tiger Line Inc., Order 70-6- the filing period, and the tentative con of Airlift’s corporate reorganization. 119 May 5,1970. In view of the foregoing and subject 11 In its final order, the Board will approve clusions in Order 70-6-5 will herein be to conditions discussed above, the Board the transfer of Airlift’s existing exemption made final. tentatively concludes that it should ap authority, and permit AI, prior to changing Accordingly, it is ordered, That: prove under section 408 of the Act the its name to Airlift International, Inc., to Agreement CAB 21753 be and it hereby control relationships resulting from the prosecute pending applications of Airlift is approved, provided that approval shall reorganization of Airlift. Accordingly, without further action by the Board, subject not constitute approval of the specific this order, constituting notice of such to the filing by AI of an appropriate notice commodity descriptions contained of the substitution in the Dockets of such therein for purposes of tariff publication. intention, will be published in the F ed proceedings. eral R egister and interested persons will 13 Comments so filed shall conform to the This order will be published in the requirement of the Board’s rules of practice F ederal R egister. (14 CFR Part 302) for the filing of docu 8 See The Plying Tiger Line Inc., supra, ments. Furthermore, since an opportunity to [seal] Harry J. Zink, oee also, Acquisition of Air West, Inc., by file comments is provided ft», petitions for ^ Secretary. 68 To01 Co> Order 69-7-102, July 15, reconsideration of this order will not be [F.R. Doc. 70-8107; Filed, June 25, 1970; iab9> and Order 69-12-66, Nov. 26, 1969. entertained. 8:47 a.m.] FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 No. 124----- 7 10472 NOTICES [Docket No. 20993; Order 70-6-125] matter is assigned to be held on July 2, Indianapolis and South Bend, Ind., shall INTERNATIONAL AIR TRANSPORT 1970, at 10 a.m., e.d.s.t., in Room 911, be as follows: 2 Universal Building, 1825 Connecticut ASSOCIATION (a) For priority mail the multielement Avenue NW., Washington, D.C., before rate established by the Board in Order Order Regarding Specific Commodity Examiner Ralph L. Wiser. E-25610, August 28,1967; Rates Information requests, statements of (b) For nonpriority mail the multi proposed issues, proposed procedural element rate established by the Board in Issued under delegated authority, dates, and motions shall be filed with the Order 70-4-9, April 2,1970. June 22, 1970. examiner and the parties on or before By Order 70-6-17, dated June 2, 1970, June 29,1970 . Accordingly, pursuant to the Federal action was deferred, with a view toward Aviation Act of 1958 and particularly eventual approval, on an agreement Dated at Washington, D.C., June 23, sections 204(a) and 406 thereof, and the adopted by the Internaitonal Air Trans 1970. Board’s regulations, 14 CFR Part 302, port Association (IATA), relating to [seal] Thomas L. W renn, 14 CFR Part 298, and the authority specific commodity rates. In deferring Chief Examiner. duly delegated by the Board in its action on the agreement, 10 days were Organization Regulations, 14 CFR 385 14 granted in which interested persons [F.R. Doc. 70-8103; Filed, June 25, 1970; (f): might file petitions in support of or in 8:47 a.m.] It is ordered, T hat: opposition to the proposed action. 1. Hub Airlines, Inc., the Postmaster No petitions have been received within [Docket No. 22230; Order 70-6-116] General, Allegheny Airlines, Inc., and all the filing period, and the tentative con other interested persons are directed to clusions in Order 70-6-17 will herein be HUB AIRLINES, INC. show cause why the Board should not made final. adopt the foregoing proposed findings Accordingly, it is ordered, That: . Order To Show Cause Regarding and conclusions and fix, determine, and Agreement CAB 21753, R-3, be and it Establishment of Service Mail Rates publish the final rates for the transpor hereby is approved, provided that ap Issued under delegated authority tation of mail by aircraft, the facilities proval shall not constitute approval of June 19,1970. the specific commodity description con used and useful therefor, and the services tained therein for purposes, of tariff The Postmaster General filed a notice connected therewith, as the fair and of intent May 26, 1970, pursuant to 14 reasonable rates of compensation to be publication. CFR Part 298, petitioning the Board to This order will be published in the establish for Hub Airlines, Inc., final serv paid to Hub Airlines, Inc.; F ederal R egister. ice mail1 rates for the transportation of 2. Further procedures herein shall be [seal] H arry J. Zink , priority and nonpriority mail by aircraft in accordance with 14 CFR Part 302, as Secretary. between Indianapolis and South Bend, specified below; and [P.R. Doc. 70-8108; Filed, June 25, 1970; Ind. He asks that the domestic multiele 3. This order shall be served upon Hub 8:47 a.m.] ment sendee mail rates for priority and nonpriority mail be established for this Airlines, Inc., the Postmaster General [Dockets Nos. 22289, 22290] service. and Allegheny Airlines, Inc. PACIFIC WESTERN AIRLINES, LTD., No protest or objection was filed This order will be published in the against the proposed services during the F ederal R egister. AND AIR CANADA time for filing such objections. The Post master General states that the Depart [seal] Harry J. Zink, Notice of Prehearing Conference and Secretary. Hearing ment and the carrier agree that the above are fair and reasonable rates of compen 1. Further procedures related to the at Notice is hereby given, pursuant to the sation for the proposed services which tached order shall be in accordance with 14 provisions of the Federal Aviation Act of the Postmaster General believes will meet CFR Part 302, and notice of any objection 1958, as amended that prehearing con postal needs in this market. to the rate or to the other findings and con clusions proposed therein, shall be filed ference on the above-entitled dockets is The Board finds it in the public in within 10 days, and if notice is filed, written assigned to be held on June 30, 1970, at terest to fix, determine, and establish the answer and supporting documents shall be 10 a.m., e.d.s.t., in Room 911, Universal fair and reasonable rates of compensa filed within 30 days after service of this Building, 1825 Connecticut ^Avenue NW., tion to be paid by the Postmaster Gen order; Washington, D.C., before Examiner eral for the proposed transportation of 2. If notice of objection is not filed within James S. Keith. mail by aircraft, the facilities used and 10 days after service of this order, or if notice Notice is also given, that the hearing useful therefor, and the services con is filed and answer is not filed within 30 may be held immediately following con days after service of this order, all persons nected therewith, between the aforesaid shall be deemed to have waived the right clusion of the prehearing conference un points. Upon consideration of the notice to a hearing and all other procedural steps less at or prior to the conference a person of intent and other matters officially no short of a final decision by the Board, and objects or shows reason for further post ticed, it is proposed to issue an order1 the Board may enter an order incorporating ponement. to include the following findings and the findings and conclusions proposed Dated at Washington, D.C., June 23, conclusions: therein and fix and determine the final rate 1970. On and after June ,5, 1970, the fair specified therein; 3. If answer is filed presenting issues for [seal] Thomas L. W renn, and reasonable final service mail rates to hearing, the issues involved in determining Chief Examiner. be paid to Hub Airlines, Inc., in their the fair and reasonable final rate shall be entirely by the Postmaster General pur limited to those specifically raised by the [F.R. Doc. 70-8102; Filed, June 25, 1970; suant to section 406 of the Act for the answer, except insofar as other issues are 8:47 a.m.] raised in accordance with Rule 307 of the transportation of mail by aircraft, the rules of practice (14 CFR 302.307). [Docket No. 22136] facilities used and useful therefor, and [F.R. Doc. 70-8104; Filed, June 25, 1970; TRANS WORLD AIRLINES, INC. the services connected therewith between 8:47 a.m.] Notice of Prehearing Conference Re 1 As this order to show cause is not a final 2 Present rates provide for terminal charges garding Acquisition of Sun Line action, it is not subject to the review provi per pound of 2.34 cents at Indianapolis and Companies sions dt Part 385 (14 CFR Part 385). These 4.68 cents at South Bend plus line-haul provisions for Board review will be applicable charges per mail ton-mile of 24 cents for Notice is hereby given that a prehear to final action taken by the staff under au priority mail and 11.33 cents for nonpriority ing conference in the above-entitled thority delegated in § 385.14(g). mail« FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 NOTICES 10473 Interested parties may inspect and ob CIVIL SERVICE COMMISSION tain a copy of the agreement at the Washington office of the Federal Mari AUTOMOTIVE MECHANIC, ST. LOUIS, MO. time Commission, 1405 I Street NW., Notice of Establishment of Minimum Rates and Rate Ranges Room 1202; or may inspect the agreement at the field offices located at New York, Under authority of 5 U.S.C. 5303 and Executive Order 11073, the Civil Service N.Y., New Orleans, La., and San Commission has established special minimum salary rates and rate ranges as Francisco, Calif. Comments on such follows : agreements, including requests for hear PFS-5823-8 FOREMAN AUTOMOTIVE ing, may be submitted to the Secretary, FFS—5823-7 MECHANIC-IN-CHARGE Federal Maritime Commission, Washing PFS-1001-7 VEHICLE MAINTENANCE ANALYST ton, D.C. 20573, within 20 days after pub FFS—5823—6 AUTOMOTIVE MECHANIC lication of this notice in the F ederal R eg ister Geographic coverage: Post Office Vehicle Maintenance Facility, St. Louis, Mo. . Any person desiring a hearing on Effective date: First day of the first pay period beginning on or after June 13, 1970. the proposed agreement shall provide a PER ANNUM RATES clear and concise statement of the matters upon which they desire to adduce Level 1 2 3 4 5 6 7 8 9 10 11 12 evidence. An allegation of discrimination or unfairness shall be accompanied by a PFS-6...... $7,785 $8,021 $8,257 $8,493 $8,729 $8,965 $9,201 $9,437 $9,673 $9,909 $10,145 $10,381 statement describing the discrimination PFS-7...... 8,160 8,415 8,670 8,925 9,180 9,435 9,690 -9,945 10,200 10,455 10,710 10,965 or unfairness with particularity. If a vio PFS-8...... 8,545 8,821 9,097 9,373 9,649 9,925 10,201’ 10,477 10,753 11,029 11,305 ...... lation of the Act or detriment to the commerce of the United States is al All new employees in the specified, ington, D.C. 20573, within 20 days after leged, the statement shall set forth with occupational level will be hired at the publication of this notice in the F ederal particularity the acts and circumstances new minimum rates. R egister. Any person desiring a hearing said to constitute such violation or As of the effective date, all agencies on the proposed agreement shall provide detriment to commerce. will process a pay adjustment to increase a clear and concise statement of the A copy of any such statement should the pay of employees on the rolls in the matters upon which they desire to ad also be forwarded to the party filing the affected occupational levels. An employee duce evidence. An allegation of discrimi agreement (as indicated hereinafter) and who immediately prior to the effective nation or unfairness shall be accom the statement should indicate that this date was receiving basic compensation panied by a statement describing the has been done. at one of the statutory rates shall receive discrimination or unfairness with par Notice of agreement filed by: basic compensation at the corresponding ticularity. If a violation of the Act or John A. Flynn, Esq., Graham & James, 310 numbered rate authorized by this notice detriment to the commerce of the United Sansome Street, San Francisco, Calif. 94104. on or after such date. The pay adjust States is alleged, the statement shall set ment will not be considered an equiva forth with particularity the acts and Agreement 9874 provides for a through lent increase within the meaning of 39 circumstances said to constitute such billing arrangement covering the trans U.S.C. 3552. violation or detriment to commerce. portation of cargo from ports in Alaska Under the provisions of section 3-2b, A copy of any such statement should served by the initial carrier, Foss, to those Chapter 571, FPM, agencies may pay the also be forwarded to the party filing the in Japan served by Japan line, the travel and transportation expenses to agreement (as indicated hereinafter) delivering carrier, with transshipment in first post of duty under 5 U.S.C. 5723 and the statement should indicate that Seattle pursuant to the terms and con of new appointees to positions cited. this has been dorie. ditions of the agreement. U nited S tates Civil S erv Notice of agreement filed by: Dated: June 22,1970. ice Commission/ John A. Flynn, Esq., Graham & James, 310 By order of the Federal Maritime Com [seal] J ames C. S pry, Sansome Street, San Francisco, Calif. mission. Executive Assistant to 94104. F rancis C. H urney, the Commissioners. Agreement No. 9875 provides for a Secretary. [PR. Doc. 70-8152; Filed, June 25, 1970; through billing arrangement covering [F.R. Doc. 70-8094; Filed, June 25, 1970; 8:49 a.m.] the transportation of cargo from ports 8:46 a.m.] in Alaska served by the initial carrier, Alaska Steamship Co., to those in Japan served by the Japan Line, the delivering PRUDENTIAL-GRACE LINES, INC., AND FEDERAL MARITIME COMMISSION carrier, with transshipment in Seattle COMPANHIA DE NAVEGACAO pursuant to the terms and conditions of LLOYD BRASILEIRO ALASKA STEAMSHIP CO. AND the agreement. JAPAN LINE, LTD. Notice of Agreement Filed Dated: June 22,1970. Notice of Agreement Filed Notice is hereby given that the fol- By order of the Federal Maritime ' lowing agreement has been filed with the , Notice is hereby given that the follow Commission. Commission for approval pursuant to ing agreement has been filed with the F rancis C. H urney, section 15 of the Shipping Act, 1916, as Commission for approval pursuant to Secretary. amended (39 Stat. 733, 75 Stat. 763, 46 section 15 of the Shipping Act, 1916, as UJS.C. 814). amended (39 Stat. 733, 75 Stat. 763, 46 [F.R. Doc. 70-8093; Filed, June 25, 1970; U.S.C.814). 8:46 a.m.] Interested parties may inspect and ob tain a copy of the agreement at the Interested parties may inspect and Washington office of the Federal Mari obtain a copy of the agreement at the FOSS ALASKA LINE, INC., AND time Commission, 1405 I Street NW., Washington office of the Federal Mari JAPAN LINE, LTD. time Commission, 1405 I Street NW., Room 1202; or may inspect the agreement Notice of Agreement Filed at the Field Offices located at New York, Room 1202; or may inspect the agree N.Y., New Orleans, La., and San Fran ment at the field offices located at New Notice is hereby given that the follow cisco, Calif. Comments on such agree York, N.Y., New Orleans, La., and San ing agreement has been , filed with the ments, including requests for hearing, Francisco, Calif. Comments on such Commission for approval pursuant to sec may be submitted to the Secretary, agreements, including requests for hear- tion 15 of the Shipping Act, 1916, as Federal Maritime Commission, Wash mg, may be submitted to the Secretary, amended (39 Stat. 733, 75 Stat. 763, 46 ington, D.C. 20573, within 20 days after Federal Maritime Commission, Wash U.S.C. 814). publication of this notice in the F ederal FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10474 NOTICES R egister. Any person desiring a hearing UNITED STATES ATLANTIC & GULF- on the proposed agreement shall provide JAMAICA CONFERENCE FEDERAL POWER COMMISSION a clear and concise statement of the [Docket No. CP70-314] matters upon which they desire to adduce Notice of Agreement Filed evidence. An allegation of discrimination Notice is hereby given that thé follow TEXAS EASTERN TRANSMISSION or unfairness shall be accompanied by a CORP. statement describing the discrimination ing agreement has been filed with the Commission for approval pursuant to Notice of Application or unfairness with particularity. If a section 15 of the Shipping Act, 1916, as violation of the Act or detriment to the J une 24, 1970. commerce of the United States is alleged, amended (39 Stat. 733, 75 Stat. 763, 46 the statement shall set forth with par U.S.C. 814). Take notice that on June 23, 1970, ticularity the acts and circumstances Interested parties may inspect and ob Texas Eastern Transmission Corp. (Ap said to constitute such violation or detri plicant), filed an application with the tain a copy of the agreement at the Federal Power Commission pursuant to ment to commerce. Washington office of the Federal Mari A copy of any such statement should section 7(c) of the Natural Gas Act and also be forwarded to the party filing the time Commission, 1405 I Street NW., the rules and regulations of the Com agreement (as indicated hereinafter) and Room 1202; or may inspect the agree mission issued thereunder for a certifi the statement should indicate that this ment at the Field Offices located at New cate of public convenience and necessity has been done. York, N.Y., New Orleans, La., and San authorizing applicant to construct and Notice of agreement filed by: operate approximately 36 miles of 20- Francisco, Calif. Comments on such inch pipeline extending from the Caillou Harold T. Quinn, Esq., Barrett Knapp Smith agreements, including requests for hear & Schapiro, 26 Broadway, New York, N.Y. Island field, Terrebonne Parish, La., to 10004. ing, may be submitted to the Secretary, the Larose compressor station located on Federal Maritime Commission, Washing applicant’s 36-inch Venice-New Roads Agreement No. 9873, between Pru ton, D.C. 20573, within 20 days after pub pipeline; 6.4 miles of 14-inch pipeline dential-Grace Lines, Inc., and Com- from the Lake Raccourci field, Terre panhia De Navegacao Lloyd Brasileiro, lication of this notice in the F ederal bonne and Lafourche Parish, La., to the establishes a pooling arrangement be R egister. Any person desiring a hearing proposed 20-inch pipeline, various pipe tween the parties on all cargo, including on the proposed agreement shall provide lines to the existing platforms in these any and all government-controlled cargo a clear and concise statement of the mat fields and 3,000 horsepower compression (except dry and liquid cargo in bulk, ters upon which they desire to adduce on the 20-inch pipeline, all as more fully refrigerated cargo, mail, cargo of non- set forth in the application which is on United States of America origin trans evidence. An allegation of discrimination file with the Commission and open to shipped at a U.S. Pacific port and cargo or unfairness shall be accompanied by a public inspection. originating in the United States of statement describing the discrimination The proposed pipelines are needed to America and transshipped via any or unfairness with particularity. If a enable applicant to purchase and receive Brazilian port to a destination, port violation of the Act or detriment to the volumes of gas from leases owned by the which is not a pool port as set forth in commerce of the United States is alleged, Louisiana Land and Exploration Corp. the agreement). The agreement covers in the above-mentioned fields. The vol the southbound trade from any port on the statement shall set forth with par umes of natural gas will become part of the Pacific Coast of the United States to ticularity the acts and circumstances said applicant’s system gas supply and will ports of Brazil, within the Rio de to constitute such violation or detriment help applicant replenish gas supplies Janeiro/Porto Alegre range, both to commerce. being used to fulfill existing commit inclusive. A copy of any such statement should ments of its customers. The estimated The parties will each maintain a mini overall capital cost of the facilities is mum of 12 sailings during a 12-month also be forwarded to the party filing the $23,152,000. pool period. The agreement also provides agreement (as indicated hereinafter) It appears reasonable and consistent that each party will actively and aggres and the statement should indicate that with the public interest in this case to sively compete for all available cargo in this has been done. prescribe a shortened period for the filing the trade and promote and develop to Notice of agreement filed by: of protests and petitions to intervene. the best of their abilities the commerce Any person desiring to be heard or to between the Pacific ports of the United H. T. Schoonebeek, Vice Chairman, United States Atlantic & Gulf-Jamaica Confer make any protest with reference to said States of America and Brazil, in con ence, 11 Broadway, New York, N.Y. 10004. application should on or before July 7, formity with accepted commercial prac 1970, file with the Federal Power Com tices and the spirit and intent of govern Agreement No. 4610-16, between the mission, Washington, D.C. 20426, a peti ing Brazilian and U.S. laws; and that the member lines of the United States Atlan tion to intervene or a protest in accord parties will do everything possible tic & Gulf-Jamaica Conference, modifies ance with the requirements of the Com through appropriate channels with their the basic agreement by adding a new mission’s rules of practice and procedure respective Governments to assure that (18 CFR 1.8 or 1.10) and the regulations the legal and/or administrative regula paragraph (c) to Article 17 which pro under the Natural Gas Act (18 CFR 157.- tions and practices in force in the vides that the failure oh the part of a 10). All protests filed with the Commis United States of America and Brazil re member line to have a sailing in this sion will be considered by it in determin garding the reservation and protection trade during any 90-day period will re ing the appropriate action to be taken of cargo to their respective merchant but will not serve to make the protest- marines are extended equally to both sult in suspension of such member’s vot ing right on all Conference matters ex ants parties to the proceeding. Any per parties. The agreement shall become ef son wishing to become a party to a pro fective upon approval and shall remain cept those which would require or cause ceeding or to participate as a party in in effect for 3 years thereafter unless an amendment to the agreement or the any hearing therein must file a petition earlier terminated as provided therein. rules and regulations thereof. to intervene in accordance with the Com Dated: June 23,1970. Dated: June 22, 1970. mission’s rules. Take further notice that, pursuant to By order of the Federal Maritime By order of the Federal Maritime the authority contained in and subject to Commission. Commission. the jurisdiction conferred upon the Fed F rancis C. H urney, F rancis C. H urney, eral Power Commission by sections 7 and Secretary. Secretary. 15 of the Natural Gas Act and the Com [F.R. Doc. 70-8095; Filed, June 25, 1970; [F.R. Doc. 70-8096; Filed, June 25, 1970; mission’s rules of practice and procedure, 8:46 a.m.] 8:46 a.m.] a hearing will be held without further FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 NOTICES 10475 notice before the Commission on this Wisconsin), 1 Woodward Avenue, De should order a hearing thereon. Any such application if no petition to intervene is troit, Mich. 48226, a nonutility subsidiary request should be addressed: Secretary, filed within the time required herein, if company of American Natural Gas Co., Securities and Exchange Commission, the Commission on its own review of the a registered holding company, has filed Washington, D.C. 20549. A copy of such matter finds that a grant of the certifi an application with this Commission request should be served personally or cate is required by the public convenience pursuant to the Public Utility Holding by mail (airmail if the person being and necessity.. If a petition for leave to Company Act of 1935 (Act), designating served is located more than 500 miles intervene is timely filed, or if the Com sections 6 and 7 thereof as applicable to from the point of mailing) upon the ap mission on its own motion believes that the proposed transactions. All interested plicant at the above-stated address, and a formal hearing is required, further no persons are referred to the application, proof of service (by affidavit or, in case tice of such hearing will be duly given. which is summarized below, for a of an attorney at law, by certificate) Under the procedure herein provided complete statement of the proposed should be filed with the request. At any for, unless otherwise advised, it will be transactions. time after said date, the application, as unnecessary for applicant to appear or Michigan Wisconsin proposes to issue filed or as it may be amended, may be be represented at the hearing. and sell to a. group of banks, from time granted as provided in Rule 23 of the to time commencing in July 1970, up to general rules and regulations promul G ordon M. G rant, an aggregate of $50 million face amount gated under the Act, or the Commission, Secretary. of promissory notes to be outstanding at may grant exemption from such rules as [F.R. Doc. 70-8X90; Piled, June 25, 1970; any one time. The notes will be dated as provided in Rules 20(a) and 100 thereof 8:49 a.m.] of the date of issuance and will mature or take such other action as it may deem on July 30,1971. The notes will be issued appropriate. Persons who request a hear in varying amounts and at various dates ing or advice as to whether a hearing is as funds are required by the company. ordered will receive notice of further SECURITIES AND EXCHANGE Each note will bear interest at the prime developments in this matter, including rate in effect at the First National City the date of the hearing (if ordered) and COMMISSION Bank, New York, N.Y. (“First National”) any postponements thereof. [Pile No. 1-5765] on the date of issuance and will be ad For the Commission, by the Division justed to the prime rate in effect at First of Corporate Regulation, pursuant to FOUR SEASONS NURSING CENTERS National at the beginning of each 90- delegated authority. OF AMERICA, INC. day period subsequent to the date of the first borrowing. There is no commitment [seal] Orval L. D uB ois, Order Suspending Trading fee, and the notes may be prepaid at any Secretary. J une 19,1970. time without penalty. [F.R. Doc. 70-8099; Filed, June 25, 1970; The proposed notes will be issued to 8:47 a.m.] The common stock, 50 cents par value, the banks and in the maximum respec of Pour Seasons Nursing Centers of tive amounts shown below: America, Inc., being traded on the American Stock Exchange, the Philadel- First National City Bank, New York, N.Y______$10,000,000 SMALL BUSINESS phia-Baltimore-Washington Stock Ex Manufacturers Hanover Trust change, and the Boston Stock Exchange, Co., New York, N.Y______10,000,000 pursuant to provisions of the Securities National Bank of Detroit, ADMINISTRATION Exchange Act of 1934 and all other se Mich ______10,000,000 [License 02/02-5278] curities of Pour Seasons Nursing Centers The Detroit Bank & Trust, of America, Inc., being traded otherwise Detroit, Mich______6,400,000 BROAD ARROW INVESTMENT CORP. than on a national securities exchange; MarshaU & Ilsley Bank, Mil Notice of Application "for License as and waukee, Wis______4,000,000 Manufacturers National Bank Minority Enterprise Small Business It appearing to the Securities and Ex of Detroit, Mich______3,800, 000 Investment Company change Commission that the summary First Wisconsin National Bank suspension of trading in such securities of Milwaukee, Wis______3,800, 000 An application for a license to operate on such Exchange and otherwise than on Marine National Exchange as a minority enterprise small business a national securities exchange is re Bank, Milwaukee, Wis_.__ 2, 000,000 investment-company (MESBIC) under quired in the public interest and for the the provisions of the Small Business In protection of investors: , 50, 000,000 vestment Act of 1958, as amended (15 It is ordered, Pursuant to sections 15 Michigan Wisconsin proposes to use U.S.C. 661 et seq.), has been filed by (c)(5) and 19(a)(4) of the Securities the proceeds to finance, in part, its 1970 Broad Arrow Investment Corp. (appli Exchange Act of 1934, that trading in construction program estimated at $95 cant) with the Small Business Adminis such securities on the above mentioned million and to provide working capital. tration (SBA) pursuant to § 107.102 of exchange and otherwise than on a na It is anticipated that the funds required the SBA Regulations governing small tional securities exchange be summarily to retire the notes will be obtained from business investment companies (13 CFR suspended, this order to be effective for long-term financing and funds generated Part 107; 33 F.R. 326). the period June 22, 1970, through July 1, internally. The officers and directors of the appli 1970, both dates inclusive. The application states that the fees cant are as follows: and expenses to be incurred in connec Charles N. Bellm, President, Treasurer, Di By the Commission. tion with the proposed transactions are rector, Post House Road, Morristown, N.J. (seal] Orval L. D uB ois, estimated to be $1,000, including legal Stunner Gerard, Jr., Vice President, Director, Secretary. fees of $500. It is further stated that 61 Hodge Road, Princeton, N.J. no State commission and no Federal Roger Knowles, Vice President, Director, Fort [F.R. Doc. 70-8098; Piled, June 25, 1970; Hunter Road, Post Office Box 151, Amster 8:47 a.m.] commission, other than this Commission, dam, N.Y. has jurisdiction over the proposed Cecila C. Bellm, Secretary, Post House transactions. Road, Morristown, N.J. [70-4890] Notice is further given that any inter Ridgeway B. Espy, Jr.1 Director, 1701 Penn sylvania Avenue NW., Washington, D.C. MICHIGAN WISCONSIN PIPE LINE CO. ested person may, not later than July 9, 1970, request in writing that a hearing' Harding Associates, Sole Stockholder. Notice of Proposed Issue and Sale of be held on such matter, stating the na The applicant, a Delaware corpora Notes to Banks ture of his interest, the reasons for such tion with a place of business located on request, and the issues of fact or law J une 19,1970. raised by said application which he 1 President and Director of Intermediate Notice is hereby given that Michigan desires to controvert; or he may request Credit Corp., and director of Small Business Wisconsin Pipe Line Co. (Michigan that he be notified if the Commission Investment Company of New York, Inc. FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10476 NOTICES Route 58, Fort Hunter Road, Amsterdam, [S.O. 994; ICC Order 19, Arndt. 3] N.Y., will begin operation with $150,- INTERSTATE COMMERCE 000 of paid-in capital consisting of LOUISVILLE AND NASHVILLE RAIL 15,000 shares of common stock. All of the ROAD CO. AND BIRMINGHAM issued and outstanding stock will be COMMISSION SOUTHERN RAILROAD CO. owned by Harding Associates, a limited FOURTH SECTION APPLICATIONS FOR Rerouting or Diversion of Traffic partnership formed under the laws of RELIEF the State of New Jersey, and composed Upon further consideration of ICC of the following partners: J une 23,1970. Order No. 19 (Louisville and Nashville Charles N. Bellm,2 General Partner, Post Protests to the granting of an applica Railroad Co., Birmingham Southern House Road, Morristown, N.J. tion must be prepared in accordance Railroad Co.) and good cause appear Ionic, Inc., General Partner Post House with § 1100.40 of the general rules of ing therefor: Road, Morristown, N.J. practice (49 CFR 1100.40) and filed with It is ordered, That: C. H. Coster Gerard,2 Limited Partner, 1350 ICC Order No. 19 be, and it is hereby, Avenue of the Americas, New York, N.Y. in 15_days from the date of publication of this notice in the F ederal R egister. amended by substituting the follow Sumner Gerard, Jr.,2 Limited Partner, 61 ing paragraph (e) for paragraph (e) Hodge Road, Princeton, N.J. Long- and-S hort Haul 'Intermediate Credit Corp.,3 Limited Partner, thereof: 1701 Pennsylvania Avenue NW., Washing FSA No. 41980—Sulphate of ammonia (e) Expiration date. This order shall ton, D.C. from Hopewell, Va. Filed by O. W. South, expire at 11:59 p.m., December 31, 1970, Roger Knowles,2 Limited Partner, Port Jr., agent (No. A6177), for and on behalf unless otherwise modified, changed, or Hunter Road, Post Office Box 151, Amster of the Seaboard Coast Line Railroad Co. suspended. dam, N.Y. It is further ordered, That this amend Dr. Joseph Kraft,2 Limited Partner, 766 Rates on sulphate of ammonia, in bags Thackery Drive, Highland Park, IU. or in bulk in box cars, in carloads, mini ment shall become effective at 11:59 Mary K. Kraft,2 Limited Partner, Y66 Thack mum weight 100,000 pounds per car, p.m., June 30, 1970, and that it shall be ery Drive, Highland Park, 111. subject to volume minimum weight of seryed upon the Association of American Webster B. Todd,2 Limited Partner, 250 Park 250 tons of 2,000 pounds per shipment, as Railroads, Car Service Division, as agent Avenue, New York, N.Y. described in the application, from Hope- of all railroads subscribing to the car Applicant will not concentrate its in well, Va., to Charleston, S.C., and Wil service and per diem agreement under vestments in any particular industry. mington, N.C. the terms of that agreement; and that it According to the company’s stated in Grounds for relief—Barge competi be filed with the Director, Office of the vestment policy, its investments will be tion. Federal Register. made solely to small business concerns Tariff—Supplement 99 to Southern Issued at Washington, D.C., June 23, which will contribute to a well-balanced Freight Association, agent, tariff ICC 1970. national economy by facilitating owner S-762. I nterstate Commerce ship in such small concerns by persons FSA No. 41981—Class and commodity Commission, whose participation in the free enterprise rates between points in Texas. Filed by [seal] R. D. P fahler, system is hampered because of social or Texas-Louisiana Freight Bureau, agent Agent. economic disadvantages. Special empha (No. 640), for interested rail carriers. [F.R. Doc. 70-8112; Filed, June 25, 1970; sis will be given to financing American Rates on anhydrous ammonia, charcoal, 8:48 a.m.] Indians in Arizona and Montana and pulpboard or fiberboard, and mustard in such other states where there are seed, in carloads and tank carloads, as Indian Reservations. described in the application, from, to, [Notice 552] Matters involved in SBA’s considera and between points in Texas, over inter state routes through adjoining States. MOTOR CARRIER TRANSFER tion of the applicant include the general PROCEEDINGS business reputation and character of the Grounds for relief—Intrastate rates proposed owners and management and and maintenance of rates from and to J une 23,1970. . the probability of successful operation points in other States not subject to the Synopses of orders entered pursuant same competition. to section 212(b) of the Interstate Com of the applicant under their manage Tariff—Supplement 107 to Texas- merce Act, and rules and regulations ment, including adequate profitability Louisiana Freight Bureau, agent, tariff prescribed thereunder (49 CFR Part and financial soundness, in accordance ICC 998. 1132), appear below: with Small Business Investment Act and A ggregate- of-I ntermediates As provided in the Coihmission’s spe the SBA Regulations. cial rules of practice any interested per FSA No. 41982—Class and commodity son may file a petition seeking recon Any interested person may, not later rates between points in Texas. Filed by than 10 days from the date of publica sideration of the following numbered Texas-Louisiana Freight Bureau, agent proceedings within 20 days from the date tion of this notice, submit to SBA in (No. 641), for interested rail carriers. of publication of this notice. Pursuant to writing, relevant comments on the pro Rates on methanol, nitrogen fertilizer section 17(8) of the Interstate Commerce posed MESBIC. Any such communica solution, rice mill feed,, anhydrous am Act, the filing of such a petition will tion should be addressed to the Associ monia, charcoal, pulpboard or fiber- postpone the effective date of the order board, and mustard seed, in carloads and in that proceeding pending its disposi ate Administrator for Investment, Small tank carloads, as described in the appli Business Administration, 1441 L Street tion. The matters relied upon by peti cation, from, to and between points in tioners must be specified in their NW., Washington, D.C. 20416. Texas, over interstate routes through ad petitions with particularity . A copy of this notice shall be pub joining States. No. MC-FC-72207. By order of June 18, lished in a newspaper of general circula Grounds for relief—Maintenance of 1970, the Motor Carrier Board approved tion in Amsterdam, N.Y. depressed rates published to meet intra the transfer to Forman Motor Transfer, state competition without use of such A. H. S inger, Inc., Burlington, Vt., of the operating rates as factors in constructing com rights in Certificate No. MC-41144 (Sub- Associate Administrator bination rates. for Investment. No. 1) issued March 14, 1968, to Harold J une 19, 1970. Tariff—Supplement 107 to Texas- C. Forman and Donald L. Forman, a Louisiana Freight Bureau, agent, tariff partnership, doing business as Forman’s [P.R. Doc. 70-8089; Filed, June 25, 1970; ICC 998. Motor Transfer, Burlington, Vt., author 8:46 a.m.] By the Commission. izing the transportation of household goods as defined by the Commission, be 2 Stockholders of Ionic, Inc. . [seal] ' H. N eil Garson, 3 Principal stockholder (40.9%) of Small tween points in Vermont, on the one Business Investment Company of New York, Secretary. hand, and, on the other, points in Con Inc., 64 Wall Street, New York, N.Y., a li [F.R. Doc. 70-8109; Filed, June 25, 1970; necticut, Massachusetts, Maine, New censed business investment company. 8:47 a.m.] Hampshire, New Jersey, New York, and FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 NOTICES 10477 Rhode Island. Francis E. Barrett, Jr., ORGANIZATION MINUTES Board or recalled by the Division, and 536 Granite Street, Braintree, Mass. except matters arising under sections 02184, attorney for applicants. Order. At a general session of the In 6(6), 217(a), 306(b), and 405(b), as No. MC-FC-72159. By order of June 17, terstate Commerce Commission, held at signed to and determined by the Tariff 1970, the Motor Carrier Board approved its office in Washington, D.C., on the Rules Board pursuant to item 7.14 un the transfer to Bush Motor Express, Inc., 10th day of June 1970. less certified to the Division by the Tariff R.F.D. 1, Box 69, Belvidere, 111. 61008, of Section 17 of the Interstate Commerce Rules Board or recalled by the Division. the operating rights in Certificate No. Act, as amended (49 U.S.C. 17), and 2. Under the heading of “Assignment MC 98709 (Sub-No. 2) issued Septem other provisions of law being under con to Boards,” add the following item to be ber 8, 1965, to Alice M. Bush, doing busi sideration with the view of providing for designated as Item 7.14: ness as Bush Motor Express, R.F.D. 1, the elimination of the assignment of 7.14 Tariff Rules Board. Section 6(6), Box 63, Belvidere, 111. 61008, authorizing work to Division 2 of initial jurisdiction 217(a), 306(b), and 405(b) so far as re the transportation of general commodi over the promulgation or prescription of lating to the prescription of regulations ties, except those of unusual value, regulations governing the form and man concerning the form and manner in classes A and B explosives, household ner in which tariffs or schedules required which tariffs required to be filed shall be goods as defined by the Commission, to be filed are to be published, filed, and published, filed, and posted, including commodities in bulk, and those requiring posted, which have not involved the tak the institution of rule-making proceed special equipment, between Belvidere, ing of testimony at a public hearing, or ings under the Administrative Procedure 111., on the one hand, and, on the other, the submission of evidence by opposing Act, for the purpose of prescribing new points in the 'Chicago, 111., commercial parties in the form of affidavits, concur or changed regulations, except matters zone, as defined by the Commission, ex rent with the creation of a Tariff Rules which involved or have involved the .tak cept points in Indiana; and from Board, an assignment of such duties and ing of testimony at a public hearing or Belvidere, 111., to Rockford, 111. responsibilities to said Board; and pro the submission of evidence by opposing No. MC-FC-72099. By order of June 17, viding further for the designation of parties in the form of affidavits. The 1970, the Motor Carrier Board approved Division 2 as an appellate division to Board may certify to Dvisiion 2 any mat the transfer to Adams Overland Express, consider applications for. reconsidera ter which, in the Board’s judgment, Inc., Westborough, Mass., of the operat tion of any decisions, orders, or require should be passed upon by that Division ing rights in Certificate No. MC 36977, ments of the Tariff Rules Board, the and Division 2 may recall any matter issued January 6, 1954, to James W. decisions of said appellate division to be from the Tariff Rules Board. Adams, doing business as Adams Over administratively final and not subject to land Express, Westborough, Mass., au review by the Commission: 3. Under the heading “Rehearing and thorizing the transportation of general It is ordered, That the “Organization Further Proceedings,” delete Item 8.5 commodities, with the usual exceptions, Minutes of the Interstate Commerce thereof and substitute in lieu thereof between Worcester, Mass., and Fitch Commission relating to the Organiza the following: burg, Mass., over regular routes, serving tion of Divisions and Boards and Assign 8.5 Division 2 is hereby designated as all intermediate points. Robert C. Reyn ment of Work,” issue of July 27,1965 (30 an appellate division to which applica olds, 5 West Main Street, Northborough, F.R. 11189, 12559, 13302, and 31 F.R. 242, tions or petitions for reconsideration or Mass. 01532, attorney for applicants. 4762, 9529, 12693, 13099, and 14025; 32 review of any order, action, or require No. MC-FC-72143. By order of F.R. 431, 7105, 8000, 8784, 10127, 14627, ment of the Fourth Section Board under June 17, 1970, the Motor Carrier Board and 10955; and 33 F.R. 3205, 5780, 7795, Item 7.2, the Board of Suspension under approved the transfer to Dennis G. and 16543), 34 F.R. 488; 35 F.R. 4353 Item 7.3, the Special Permission Board Moran, doing business as Moran Inter be further amended as follows: under Item 7.9, the Released Rates Board national Moving & Storage, Canoga 1. Under the heading “Division 2—under Item 7.10, the Tariff Rules Board Park, Calif., of Certificate No. MC- Rates, Tariffs, and Valuation Division,” under Item 7.14, the Review Boards un 63302, issued October 2, 1958, to Eugene in item 4.3 delete paragraph (e) thereof der paragraph (b) of Item 7.12, or the Nichols, doing business as Associated and substitute in lieu thereof the follow Accounting and Valuation Board under Van Lines, San Gabriel, Calif., author ing paragraph: Item 7.13, shall be assigned or referred izing the transportation of Christmas 4.3(e) section 6, except paragraphs for consideration and action. When so trees, from Los Angeles and Los Angeles (11) and (12), relating to schedules of acting, it shall have all authority which Harbor, Calif., to points within 50 miles carriers under Part I, sections 217 and the Board is authorized to exercise. De of Los Angeles; and household goods, 218 relating to tariffs of common car cisions or orders of the appellate division between points in Los Angeles, Calif. shall be administratively final and not riers and schedules of contract carriers subject to review by the Commission, if No. MC-FC-72213. By order of under Part II, section 306 relating to a petition seeking reconsideration or re June 19, 1970, the Motor Carrier Board tariffs of common carriers and schedules approved the transfer to Virgil Ness, of contract carriers under Part III, and view of an order, action, or requirement doing business as Ness Trucking, Deer section 405 relating to tariffs of freight of a Review Board under paragraph (b) Park, Wis., of the operating rights in forwarders under Part IV—including, of Item 7.12 is not based on an allegation Certificate No. MC 10890 issued May 15, among other matters, the promulgation of error on the merits, in whole or in part, 1969, to Arthur M. Butler, Amery, Wis., or prescription of forms, specifications, such petition, or supplementary authority authorizing the transportation of gen rules or regulations to effectuate such in such proceeding, shall be determined eral commodities, with exceptions be provisions of law, as well as applications by that Board. tween specified points in Wisconsin on or petitions involving the construction, It is further ordered, That these the one hand, and, on the other, speci interpretation, or application of such amendments shall become effective fied points in Minnesota. A. R. Fowler, forms, specifications, rules, or regula 2288 University Avenue, St. Paul, Minn. tions, except matters arising under sec July 1, 1970. 55114, representative for applicants. tions 6(3), 217(c) 218(a), 306(d), 306(e), By the Commission. [seal] H. N eil G arson, and 405(b), assigned to and determined [seal] H. N eil Garson, Secretary. by the Special Permission Board pur Secretary. [FR. Doc. 70-8110; Filed, June 25, 1970; suant to item 7.9 unless certified to the [F.R. Doc. 70-8111; Filed, June 25, 1970; 8:47 a.m.] Division by the Special Permission 8:47 a.m.] FEDERAL REGISTER, VOL. 35, NO. 124— FRIDAY, JUNE 26, 1970 10478 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— JUNE The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during June. 3 CFR Page 7 CFR— Continued Page 7 CFR— Continued Page P roclamations : 411______9998 P roposed R ules— Continued 3279 (modified by Proc. 3990) _ 10091 413—______9999 1127 ______10022 3945 (see Proc. 3989)______9989 719_____ 10353 1128 ______10022 .3986_____ —______8861 730______9999 1129 ______— 10022 3987 __ - ______8863 775______8537 1130 ______10022 3988 ______8997 811______8915, 10353 1134------10024 3989 _ 9989 813______10096 1136______9291,10318 3990—___— 10091 845______9010 Executive Orders; 871______9105 8 CFR 905______8916, 10272 July 10,1917 (see PLO 4848) __ 10360 100___ 9246 10001 (see EO 11537)______9991 908____ 8471, 8652, 8802, 9011, 9821, 9999,10143, 223___ 9246 10202 (see EO 11537)______9991 238___ 9246 10626 (superseded by EO 10430 11532)______8629 910— ____ 8653, 8739, 8867, 9243, 10143 10659 (see EO 11537)______9991 915______9244 9 CFR 10735 (see EO 11537)______9991 917______8802, 10000 2______8472 10945 (see EO 11533)______8799 922______^___ 8916 76------8543, 10984 (see EO 11537)______9991 923______8472 3653, 8731, 8819, 8874, 8917, 8999, 11098 (see EO 11537) ______9991 944—______9011, 9822 9246, n9247, 9823, 10004, 10144, 11119 (see EO 11537) ______9991 953___ 9105 10286, 10357 11241 (see EO 11537)___ 9991 958______8653 78------______;______8918 11360 (see EO 11537)______9991 965 ______8867 307------10097 11497: 966 ______9011,10144 P roposed R ules: 980______9012, 10144 See Pvoc. 3989______9989 76------8571 See EO 11537______9991 1003______10273 11532 ______8629 1Ò04—____ 10273 109— ______8945 11533 ______8799 1016______10273 113 ______8945 1402______— 8537 114 ______8945 11534 _: ______8865 121______8945 11535 ______9809 1421______8537, 8539, 8867, 8873, 9012, 9106, 9823, 301______9291 11536 ______9911 303______9291 11537 ______9991 10097,10144,10355 1427______- i ______9106 328___ 9931 P residential D ocuments Other 1464______10000 Than P roclamations and Execu 1481______—_10 8472 CFR tive Orders: 1487______9920 30______8820 Letter of June 2, 1970______8631 1872___ !______—_ 8803 161______8820 P roposed R ules : 5 CFR P roposed R ules: Ch. I______10460 213______8801, 9243, 9818, 10093, 10267 52______8499, 9285 20______— 8670 332______10093 714______8569 34______10461 P roposed R ules: 777______9016 50_____.— 8594 908______10226 890- 10030 911______9287 2400 8947 915 ___ _—— 9930 12 CFR 2402 8947 916 ______10226 204— — ______8654 917— ______8572 226— _____ — 10358 7 CFR 945______10363 250______10201 26 ______9243, 9995 958______10226 290______8919 27 ______8531967______10226 292______8920 28 ______8531, 8532 981 ' ______9288 511—.______8544 51 ______8652, 9818 991______— — 9859 545______10201 52______10093, 10427 993______—— 10227 589—!______8879 54______9915, 10269 1003 ______10309 P roposed R ules: 55— ______9915,10269 1004 ______10309 204______— 8892 56______1005 9915 ______9066 545______9019 61______1007 8532______8748,10309 68______8535,10141 1016______10309 70______9915 1032 ______10154 13 CFR 210______104301033 _— ____ 9066 108— ______— 9920 220______I ______10269 1034 ______9066 113______9920 295______8801 1035 ______9066 8473,10431 301______9103, 9104,10270,10272 1036 ___ — — 9888 121— ______319______~91051040______10364 ¡Proposed R ules: 331—.—______9010 1041—______9066 107______— 8672 401______9996, 9997 1050______9930,10154 121______— 8504 402— ______9997 1063______10312 403— ______9997 1094______10312 14 CFR 404______— ______9997 1098______10452 ______10201 406______9998, 1103______— — 10312 21. 408 ______99981120______10022 39 — —— — — ______- 8544, 409 ______- _____ 9998 1121— ______10022 8736^8738 8821, 8924, 9106, 9921, 410,______99981126______10022 10106 FEDERAL REGISTER 10479 14 CFR— Continued Page 17 CFR Page 21 CFR— Continued Page 71 ______8474-8476, P roposed R ules : 146b____ —______8931 8664-8656, 8738, 8739, 8879, 8880, 270- ______9860 146c— — ______10359 8925, 8926, 9921, 9922, 10107, 149b______8552 10145, 10202, 10286, 10287, 10358, 191______10451 10359 18 CFR 320______8822 73 _____ 8544, 8926, 8927, 9247 10107 2______— 8927 P roposed R ules : 75______8926, 9247 141______8821,10267 1______9214 91 9922 154______8633 18______8584 97__ 8656, 8821, 8999, 9107, 10146, 10431 Ch. V______8553 120______9214 135______10098,10108 P roposed R ules: 130______9014, 9215 167______8544 1______10379 144______9215 171______10288 2______10152 146a______10364 213______8880 161______10379 146b______10364 288______- ______10288 601______8942 298______8927, 10202 602______8942 22 CFR 302___ 9823 41— ______8659 385____.______i______— 9107 19 CFR 42— __ 10432 Proposed R ules: 12 8885 131______8887 23______8665 26 9251 201______10147 25______8665 9251 208-______10147 27______8665 31 ______9251 29__ri______8665 32 ______9251 24 CFR 39______9216, 9217, 9859, 10365 33 ______9251 200______8822 71______- _____ 8500, 53______9251 1914 ______8732.9993.10147 8501, 8666, 8667, 8748, 8750, 8945, 103______9251 1915 ______8733.9913.10148 9292, 9931, 9932, 10114, 10156, 111______9254 10157, 10229, 10318, 10319, 10365- 114______9261 P roposed R ules: 10368 146— ______9262 15______9215 73______:______8750,10229 147______9268 41— _____ 8586 91______8665, 9217 153______9271 121__i______10115 25 CFR P roposed R ules : 207— ______9218 46— ______8822 208______:______9218 4— ______8829, 10463 5 ______8829 108______— 10005 212 ______9218 221______8886 213 ______10230 6 ______8829 214 ------9218 8— ______8741, 8829 26 CFR 221______9860 14______8741 249—____ 9218 15— ______8741, 8829 l ______8477, 8932 295______9218 16______8741 13______8823 399______9218 17— ______8741 20_____ —______8480 18— ______8829 25______8480 15 CFR 19______10463 31— ______— 10290 22______8741 147______8553, 10211 368— ____—___ ------______- _---- 9109 154______369______9112 23 ______8741 ____ 8886 370------8882, 9113,10109 24 ______8499 P roposed R ules: 371. 9119 30— ______8741 1_!______> . 8569, 9927 372 ------9127,10204 31______8741 31______10016 373 ______9136,10204 32— ______8741 151______9015 374 ------9154,10204 53 ______8741 201______10298 375 ------9156 54 ______8741 301______9927, 10016 376 ------9166,10204 111______10463 377 _____ „ ______9173 20 CFR / 28 CFR 378 ------9177, 10205 o______v— 9857 379 ------8882, 9178,10109 404_------8928, 9277, 9278, 9923 385------9184 405------1— ------9278 386-______9185 422------9278 29 CFR 387------9198 614------9000 204______10130 388—------92 00 P roposed R ules : 604______8935 389 _ 9204 602------!— ■______9016 606______------8935 390 ---„------;______9206 689______9108 399------9207 21 CFR 1601______10005,10110 610______9923 1------8550, 8928 P roposed R ules: 1000______9248 3------9000 462______10113 Proposed R u l e s: 19------9854 1504______10455 7...... — ------8943, 8944 46—------10449 120 ------8476, 8885, 8929, 8930, 9207,1021030 CFR 16 CFR 121 ------8551, Ch. IV______10360 8552,8930, 9001, 9208, 9855,10146, 501—______10267 2...... 10146 10210, 10267 P roposed R ules: 13------8657, 130------9001 55 __ _ 10299 8658,8883-8885, 9851-9853,10205- 135b_------; 9856 56 ______— 10302 10209 135e------10146 57 ______10305 15...... 10109,10110,10268,10269 141a------10211 75______8569 501------9108 141b------8931 141c------10359 31 CFR Proposed R u l e s : 144——------9855 302__ 8503 146— ------9209,10147 P roposed R ules: 427__ 10116 146a----- 10211 10______8892 No. 124----- 8 10480 FEDERAL REGISTER 32 CFR Page 4T CFR—Continued Page 46 CFR— Continued Pa?0 * 513______8888 9-9______—______9006 32------9975 : 533______10110 60-20— ______8888 50------—------9975 ; 578______9279 101-17______8485 52------—------9975 591______8554 101-19______10293 53 ------9970 5921______8556 101-20_____ 9007 54 ------9976 593 ______8557 101-32-______10293 55 ------9977 594 ______8558 101-43______9280,10295 56 ------9978 595 ______8566 101-44______9280,10295 57 ------9980 596 ______8566 101-45______— 9280 58 ------9980 597 ______8566 101-47______r ______8486 61------9980 601 ______8566 105-735______.__ 10432 63------9981 ; 602 ______8566114-42______10433 70----- — 9981 [l 603 ______114-47 ______8566 10433 77------;------9981 i: 606______8566 90 ------9981 608______8566 42 CFR 96------9981 612______8567 57______— 8487 146------9981 721______10006 79______l ______9282 167------9982 736______10007 81.______8889, 8938, 9008,10228 171------10111 * 761______10008 309 ------8659 i 888d______9811 P roposed R ules: 310 ------8553, 8890 ii 1001______8659 34______9292 401______10434 : 1600______10009 37------8584 531------9925 [■: 1631______10009 52a______8662 P roposed R ules: 78__ 9860 137______8945 ii 32A CFR 81______8499, 8748, 8892 540______8750 BDSA (Ch. V I): BDSA Reg. 2, Dir. 13______9108 43 CFR 47 CFR OIA (Ch. X ): 23______10009 0 ____— ______8567, 8825! .i OI Reg. 1______10296 Ch. II______9502 1 ______8825, 9008 FRS (Ch. XV): 1840______10010 2 ______8634, 8644, 8828,10219,10361 Reg. V______9812 1850___ 10011 4120______10011 18______8644 P roposed R ules: - 21______10435ft 4130______10012 73______8650,8825,10268| Ch. X______10153 5490______10012 81______10219 5510______10012 83______8567,10222 33 CFR Public Land Orders: 87______,______10013 ‘ 110______88232618 (modified by PLO 4845)_ 9857 91 ______8939,10361 117______9003, 9924,10212 4582 (modified by PLO 4837). 8824 P roposed R ules: 204______9279 4836 ______8824 2____;______10030,10372,10462 207______;______8481 4837 ______8824 67___ 8502 401______;______8936 4838 ______„ 8824 73 __ 8670, 4839______L_____ 8825 P roposed R ules: 8834, 8946, 10031, 10231, 10320, | 4840 ______8825 10375, 10376, 10378 117— ______8500, 8664, 9017-9019 4841 ______10012 74 ______8671, 10462 4842 ______9857 81______10462 36 CFR 4843 ______9857 83______10378 7------10359 4844 ______9857 87______10462 11______8734 4845 ______9857 89______10462 4846 ______10295 91______10030, 10462 38 CFR 4847..______10360 93______10462 4848 ______10360 95______10030 21__ 9812 4849 ______10360 P roposed R ules: 39 CFR 49 CFR 5430______1______10153 9857 126...... 9279 21______10080 153______8481 45 CFR 177_____ 9284 P roposed R ules: 234______8990 230 _ 10223 113------: ______8892. 249 ______8732 231 _ 10149 133.______10022 250 ______10013 236. 9926 310______8553, 8890 P roposed R ules: 3 8 9 „ _____ 9209 41 CFR 204 ______8780 571______— 9211 1-1______8482 205 ______8780,10113 1000______10448 1-2______8485 206 ______8784 1033______8735, 1-16-_____ 8485 208______8785 9213, 9858, 10150, 10224, 10225, 3-3------„------9004 233______8786 10448 3-4______10111 235______8789 1048______9213 5A-1------9924 246______8789 1056______8890 5A-16______9925 248 ______8790 1100______10448 5A-73___ 9925 249 ___ — ____ 8793 1307______8736 251______8664 8-16______8485 P roposed R ules: 8- 95------8485 170-189___ 8831 9- 4___ 9006 46 CFR 172 8502 9-5______9006, 9007 1------— 9975 173— I I I — 1~— III” ” 8502, 8946 9-7------9006 10------9975 ______8833 FEDERAL REGISTER 10481 4 9 CFR— Continued Page P roposed R ules— Continued 192______8833, 9293 393______9859 E R 7 Q O Q O 5 7 1 rr To368,~ i ¿¡üö" 10460 575______8667, 8832 1048______8594, 9932, 10380 50 CFR 10______— 10448 17______8491, 8736, 8941 28______10015 32______10015,10361, 10362 33 ______10015 258___ I ______10151 280______8890 United States Government Organization MANUAL 1 9 6 9 -7 0 government Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government, published by the Office of the Federal Register, GSA. o o per copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.