FRIDAY, OCTOBER 1, 1971

WASHINGTON, D.C.

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

OCCUPANT CRASH PROTECTION— DoT amendment with option of installing seat belt systems with ignition interlocks; effective 1 -1 -7 2 ...... 19254 DoT proposal regarding installed belt systems during interim period; comments by 11-2-71.. 19266

MEDICARE— HEW notice of inpatient hospital deductible for 1972...... 19271

ONIONS— USDA amendment of standards; effec­ tive 10-1-71 ...... 19243

SUGAR BEETS— USDA determination that farm proportionate shares are not required for 1972 crop ...... 19244

PHYSICAL THERAPISTS— HEW amendment pro­ viding alternatives to Medicare job requirements; effective iO -1 -7 1 ...... 19249

PESTICIDES— EPA amendment revoking certain tolerances; effective 1 0 -1-7 1 ...... 19251 EPA proposed establishment of tolerances; comments within 30 days...... 19268

INDIAN AFFAIRS— Interior Dept, rules on appli­ cations for shares in a judgment awarded to cer­ tain tribes; effective 10-1-7 1...... 19251

INTEREST EQUALIZATION TAX— 1RS amend­ ments simplifying election to subject certain debt obligations to tax...... 19251

SUBSISTENCE ALLOWANCES— VA clarification regarding certain additional payments; effective 9-27-71 ...... 19252

(Continued inside) Latest Edition Guide to Record Retention Requirements [Revised as of January 1, 1971]

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

Price: $1.00

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

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

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FERERALM®ISTER Archives and Records Service, General Services Administration, Washington, D.C. 20408, Area Code 202 V , 1934 -OK Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15) under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office. Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or mo-ey 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 Federal R egulations, which is published, under 50 titles, pursuant o section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first Federal R egister issue of each month. There are no restrictions on the republication of material appearing in the 'Federal Register or the Code of Federal Regulations. HIGHLIGHTS— Continued

MERCHANT VESSELS— Coast Guard adoption of OIL IMPORTS— Interior Dept, notice adjusting new winter load lines for Great Lakes; effective the maximum level for Puerto Rico...... — 19269 10-31-71 ...... 19253 POULTRY INSPECTION— USDA notice requiring Federal inspection in Pennsylvania.— ...... 19271 CARGO PREFERENCE— Maritime Admin, régula-, tion for “ Fix American-flag tonnage first” ; effec­ ECONOMICS— Federal Open Market Committee tive 11-1—71...... —...... 19253 notice regarding a policy directive..—...... 19277

INCOME TAX— 1RS proposals on gross income MINIMUM WAGES— Labor Dept, modifications to from certain mineral property for percentage de­ area wage determination decisions for specified pletion; comments by 11-30-71...... 19256 localities ...... 19282

Contents

AGRICULTURAL RESEARCH COMMERCE DEPARTMENT Proposed Rule Making Tolerances for pesticide chemicals SERVICE See also International Commerce Bureau; Maritime Administra­ in or on raw agricultural com­ modities; ' naled and 2,2-di- Rules and Regulations tion. chlorovinyl dimethyl phos­ Texas (splenetic) fever in cattle; Notices changes in areas quarantined— 19245 phate ______19268 National Technical Information FEDERAL AVIATION AGRICULTURAL STABILIZATION Service; organization and func­ tions ______19270 ADMINISTRATION AND CONSERVATION Office of Financial and Computer SERVICE Services; delegation of author­ Rules and Regulations ity ______19270 Standard instrument ' approach Rules and Regulations procedures; miscellaneous Domestic beet sugar producing CONSUMER AND MARKETING amendments ------— 19248 area; proportionate shares for 1972 crop not required------19244 SERVICE FEDERAL COMMUNICATIONS Rules and Regulations COMMISSION AGRICULTURE DEPARTMENT Onions (other than Bermuda- Notices See Agricultural Research Serv­ Granex-Grano and Creole Common carrier services informa­ ice; Agricultural Stabilization types) ; standards for grades— 19243 tion; domestic public radio serv­ and Conservation Service; Con­ Proposed Rule Making ices applications accepted for sumer and Marketing Service. Olives grown in California; modi­ filin g ______19276 fied grade requirement for spec­ CIVIL AERONAUTICS BOARD ified styles of canned ripe type— 19265 FEDERAL POWER COMMISSION Notices Notices Notices Hearings, etc.: Humanely slaughtered livestock; Hearings, etc.: Northwest Airlines, Inc— _— 19272 identification of carcasses; Natural Gas Pipeline Company Northwest Airlines, Inc., and changes in list of establish­ of America______19274 National Airlines, Inc------19272 ments ______19270 Southern Union Production Co. United Air Lines, Inc. (2 docu­ Poultry inspection; designation of et al______19275 ments) ______19273 Pennsylvania ______.—19271 FEDERAL RESERVE SYSTEM CIVIL SERVICE COMMISSION EMPLOYMENT STANDARDS Notices Rules and Regulations ADMINISTRATION Applications for approval of ac­ quisition of shares of banks: Excepted service: Notices Chemical New York Corp------19278 Department of Commerce------19245 Minimum wages for Federal and Midlantic Banks Inc______19278 Environmental P rotectio n federally assisted construction; State National Bancshares, Inc. 19278 A gen cy______19245 modification to area wage deter­ Virginia National Bankshares, Equal Employment Opportunity mination decisions for specified In c ______19279 Commission ______19245 localities in certain States------19282 Federal Open Market Committee: Federal Home Loan Bank Continuing authority directive B o a rd ______19245 ENVIRONMENTAL PROTECTION with respect to domestic open Office of Economic Opportunity. 19245 market operations------19277 AGENCY Current economic policy direc­ COAST GUARD Rules and Regulations tive ______19278 Southeastern Michigan Holding Rules and Regulations Tolerances and exemptions for Co.; formation of one-bank Merchant vessels when engaged in pesticide chemicals in or on holding company— ------19278 raw agricultural commodities; voyage on Great Lakes; winter (Continued on next page) freeboard______—- — 19253 dinitro-o-cyclohexylphenol —— 19251 19239 19240 CONTENTS

HEALTH, EDUCATION, AND INTERSTATE COMMERCE OCCUPATIONAL SAFETY AND WELFARE DEPARTMENT COMMISSION HEALTH ADMINISTRATION See also Social Security Adminis­ Notices tration. Proposed Rule Making Assignment of hearings (2 docu­ Notices ments) ------19289 Safety and health regulations for Inpatient hospital deductible for Fourth section application for construction; clarification_____ 19266 1972; average per diem rate____ 19271 re lie f------19289 Motor carrier temporary author­ POSTAL RATE COMMISSION ity applications______19290 INDIAN AFFAIRS BUREAU Notices Rules and Regulations LABOR DEPARTMENT Career and excepted service; Preparation of. rolls of Indians; qualifications for enrollment See Employment S ta n d a rd s establishment and operation__ 19279 and deadline for filing applica­ Administration; Occupational Safety and Health Administra­ SECURITIES AND EXCHANGE tions ------19251 tion. COMMISSION INTERIOR DEPARTMENT LAND MANAGEMENT BUREAU See also Indian Affairs Bureau; Notices Land Management Bureau. Notices Hearings, etc. : Notices Chief, Division of Management Continental Vending Machine Services, Idaho State Office, > c orp------19281 T. C. Lockhart; statement of et al.; delegation of authority changes in financial interests— 19269 regarding contracts and leases— 19269 Jersey Central Power & Light Puerto Rico; maximum level of Co— ------19281 imports of finished products___ 19269 MARITIME ADMINISTRATION SOCIAL SECURITY INTERNAL REVENUE SERVICE Rules and Regulations ADMINISTRATION Rules and Regulations Cargo preference; U.S.-flag ves­ sels; fixing of American-flag Rules and Regulations Income tax; amortization of cer­ tonnage first______19253 tain coal mine safety equip­ Federal health insurance for aged; ment; correction.—______19251 NATIONAL HIGHWAY TRAFFIC qualifications of physical thera­ Temporary regulations under In­ pists ------...------19249 terest Equalization Tax Act; SAFETY ADMINISTRATION election to subject certain debt Rules and Regulations TRANSPORTATION DEPARTMENT obligations to tax______19251 Motor vehicles safety standards; Proposed Rule Making occupant crash protection for See Coast Guard; Federal Aviation Income tax; percentage depletion; passenger cars, multipurpose Administration; National High­ gross income from property in passenger vehicles, trucks and way Traffic Safety Administra­ case of minerals other than oil buses------19254 tion. and gas------19256, Proposed Rule Making Occupant crash protection in pas­ TREASURY DEPARTMENT INTERNATIONAL COMMERCE senger cars; safety standards— . 19266 BUREAU See Internal Revenue Service. Notices VETERANS ADMINISTRATION J. A. Goldschmidt S.A.; order re­ storing export privileges condi­ Rules and Regulations tionally and placing respondent Vocational rehabilitation and edu­ on probation______19269 cation; subsistence allowance_ 19252 CONTENTS 19241 List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears following the Notices section of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1971, and specifies how they are affected.

5 CFR 20 CFR 29 CFR 213 (5 documents)_*----- 19245 405— ______19249 P roposed R ules: 1518____ -19266 21 CFR 1910______*______.______19266 7 CFR 420_____-______- ______19251 51_.______19243 P roposed R ules: 38 CFR 850______19244 420______-______19268 21______— 19252 Proposed R ules: 46JCFR 932______19265 25 CFR 41...... 19251 45______19253 381______19253 9 CFR 26 CFR 72______— ______19245 1 19251 49 CFR 147______19251 571______19254 14 CFR P roposed R ules: P roposed R ules: 97______19248 1...... 19256 571_____ 19266

19243 Rules and Regulations

Title Price Title Price Title 1— GENERAL PROVISIONS 12 Parts: 36 ______1-25 1-299 ...... — — 2. 50 37 ------70 Chapter I— Administrative Committee 300-end ______2.50 38 ______3- 50 of the Federal Register 13 ______— - 1.25 39 ______3.25 14 Parts : 40 [Reserved] CFR CHECKLIST 1-59______3. 00 41 Chapters: This checklist, arranged in order of 60-199 ______— 2. 75 1 -2 ______2.75 titles, shows the issuance date and price 200-end ______3.00 3 -5 D ______1-75 of current bound volumes of the Code of 15 ______— 1-75 6-17______3. 50 Federal Regulations. The rate for sub­ 16 Parts: 18______-______3.25 scription service to all revised volumes 0- 149 ______3. 00 19- 100______1. 00 issued as of January 1, 1971, is $175 do­ 150-end______at.------2.00 101-end ______2.00 mestic, $45 additional for foreign mail­ 17 ______2.75 42 ______1-75 ing. The subscription price for revised 18 Parts: 43 Parts: volumes to be issued as of January 1, 1- 149______2. 00 1-999 ______1. 50 • 1000-end ______2. 75 1972, will be $195 domestic, $50 addi­ 150-end ______:------2. 00 19 ______^______J 2.50 44 ______-40 tional for foreign mailing. 20 Parts: 45 Parts: Order from Superintendent of Docu­ 01-399 ___ —...... — I- 25 1-999 ______2. 00 ments, Government Printing Office, 400-end *.------;----- — 3. 00 200-end ______-2 .0 0 Washington, D.C. 20402. 21 Parts: 46 Parts: 1-65 ______2. 75 CFR unit (Rev. as of Jan. 1, 1971) : 1- 119______— I- 75 120-129 ______1. 75 66-145 ______2. 75 Title Price 130-146e______2. 75 146-149 ______— 3. 75 1 ______$1.00 147-end ______1- 50 150-199 ______2. 75 2-3 ______2.50 22 ______I- 75 200-end ______3.00 3 1936-1938 Compilation---- 6.00 23 ______-50 47 Parts: 1938-1943 Compilation___ 9. 00 24 ______2. 75 0- 19______1. 75 1943-1948 Compilation— _ 7. 00 25 ______— 1-75 20- 69 ______2. 50 1949-1953 Compilation---- 7. 00 26 Parts: 70-79 ______1. 75 1954-1958 Compilation---- 4. 00 1 (§§ 1.0-1— 1.300)______3.00 80-end ______2.75 1959-1963 Compilation___ 6. 00 1 (§§ 1.301-1.400)______1.00 48 [Reserved] 1964-1965 Compilation__ 3. 75 1 (§§ 1.401-1.500)______1.50 49 Parts: 1936-1965 Consolidated In ­ 1 (§§ 1.501-1.640)-______1.25 1- 199______4. 00 dexes ------3. 50 1 (§§ 1.641-1.850)______1.50 200-999 ______1. 75 1936-1965 Consolidated Ta­ 1 (§§ 1.851-1.1200)______— 2.00 1000-1199 ______— 1. 25 bles ______5. 25 1 (§§ 1.1201-end)______3.25 1200-1299 ______3. 00 1966 Compilation______*1.00 2- 29 ______1. 25 1300-end ______1.00 1967 Compilation____i — 1. 00 30-39 ______— 1.25 50 ______1. 25 1968 Compilation— ____ ! . 75 40-169 ______2. 50 General Index______1.50 1969 Compilation______1. 00 170-299 ------3. 50 List of Sections Affected, 1949- 1970 Compilation______1. 00 300-499 ...... 1. 50 1963 (Compilation)______6.75 4 ______. 50 500-599 ______.1.75 5 ______1.75 600-end ______• 60 6 [Reserved] 27 ______. 45 7 Parts : 28 ______-...... — .75 Title 7— AGRICULTURE 0-45______2. 75 29 Parts: 46-51 ______— 1.75 0- 499 ______1. 50 Chapter I— Consumer and Marketing 52______3. 00 500-899 ____ — ...... 3. 00 Service (Standards, Inspections, 53-209 ______3. 00 900-end ______1.50 Marketing Practices), Department of 210-699 ______2.00 30 ...... 2. 00 Agriculture 700-749 ______2.00 31 ______2.00 750-899 ______1. 25 32 Parts: PART 51— FRESH FRUITS, VEGE­ 900-944 __,______1. 75 1- 8 ______3. 25 TABLES AND OTHER PRODUCTS 945-980 ______1. 00 9-39______1______2. 00 (INSPECTION, CERTIFICATION AND 981-999 ______1. 00 40-399______3. 00 STANDARDS) 1000-1029 ___.______1. 25 400-589 ______;__i 2. 00 1030-1059 ______1. 00 590-699 ______1.00 Standards for Grades of Onions 1060-1089 —______r.______1. 25 700-799 ___...... — 3. 25 (Other Than Bermuda-Granex- 1090-1119 ______1. 25 800-999 ______2. 00 Grano and Creole Types)1 1120-1199 ______1. 50 1000-1399 ______. 75 1200-1499 ______2. 00 1400-1599 ______1. 50 On page 15760 of the Federal R egister 1500-end ______2. 50 1600-end ______1.00 of August 18,1971, there was published a 8 ______1.00 32A ______i ______1. 25 9 ...... 2. 00 33 Parts: 1 Packing of the product in conformity with 10 ______1.75 1-199...... 2. 50 the requirements of these standards shall 11 [Reserved] 200-end ______1.75 not excuse failure to comply with the provi­ sions of the Federal Food, Drug and Cosmetic 34 [Reserved] Act or with applicable State laws and regula­ •Out of print. 35 ______—...... — 1.75 tions.

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19244 RULES AND REGULATIONS notice of proposed rule making to amend (2) Packages which contain 10 pounds was first established at 1,450,000 acres, these grade standards by allowing, en or less shall have not more than three but was increased subsequently to 1,550,- route or at destination, up to 3 onions times the tolerance specified, except that 000 acres to partially offset the expected affected by decay or wet sunscald or 4 at least one defective and one off-size low recovery of sugar from 1969 crop percent (whichever is the larger amount) onion may be permitted in any package: beets. Restrictions on the 1970 crop were in individual packages of at least 50 Provided, That the averages for the en­ removed altogether in April 1970 after pounds when the onions are packed to tire lot are within the tolerances specified it became apparent that even less sugar meet a minimum size of 3 inches or for the grade. than expected would be recovered from larger. These grade standards are issued (b) The tolerances for off-size in the1969 crop beets, and that plantings to under authority of the Agricultural Mar­ U.S. Export No. 1 grade apply to in­ the 1970 crop would be less than an­ keting Act of 1946 (60 Stat. 1087, as dividual containers and the application ticipated. Despite the removal of 1970 amended; 7 U.S.C. 1621-1627), which of tolerances set forth in paragraph (a) crop acreage restrictions, plantings to provides for the issuance of official U.S. of this section does not apply to these that crop were about 230,000 acres below grades to designate different levels of tolerances. those for the previous crop. Beet sugar quality for. the voluntary use of produc­ (Secs. 203 , 205, 60 Stat. 1087, as amended, production from th e -1970 crop totaled ers, buyers and consumers. Official grad­ 1090 as amended; 7 U.S.C. 1622, 1624) about 3,325,000 short tons, raw value, or ing services are also provided under this about 272,000 tons less than the market­ [FR Doc.71—14431 Filed 9-30-71;8:45 am] act upon request of any financially in­ ing opportunity for calendar year 1970. terested party and upon payment of a fee Thus, the effective inventory on Janu­ to cover the cost of such services. Chapter VIII— Agricultural Stabiliza­ ary i, 1971, was reduced below that of Interested persons were given until tion ancf Conservation Service a year earlier and represented about 75.5 percent of the 1971 quota for the area, as September 15, 1971, to submit written (Sugar), Department of Agriculture data, views, or arguments regarding the compared with 78.2 percent the previous proposal. No adverse comments have SUBCHAPTER G— DETERMINATION OF year. These percentages are well below been received and the proposed amended PROPORTIONATE SHARES the range of 82 to 90 percent suggested standards are hereby adopted without [S.D. 850.232] as appropriate in the congressional com­ change and are set forth below. mittees’ reports on the 1965 amendments It is hereby found that good cause PART 850— DOMESTIC BEET SUGAR to the Sugar Act. exists for not postponing the effective PRODUCING AREA Proportionate shares were not estab­ lished for the 1971 crop of beets. Plant­ date of this amendment beyond the date Proportionate Shares for Farms for of publication hereof in the Federal R eg­ ings to the 1971 crop of about 1,399,000 ister, in that: (1) The 1971 packing sea­ 1972 Crop of Sugar Beets Not acres at average yields indicates a sugar son for onions is well under way in Idaho Required production of 3,200,000 tons. Thjs would be about 206,000 tons less than the 1971 and Oregon and it is in the interest of The following determination is issued the public and the industry that this marketing quota currently in effect for pursuant to section 302 of the Sugar Act the area. Assuming the area markets its amendment be placed in effect at the of 1948, as amended. earliest possible date; and (2) no special full quota in 1971, the effective inventory preparation is rèquired for compliance § 850.232 Proportionate shares for the on January 1, 1972, would be reduced by with this amendment on the part of 1972 crop o f sugar beets not re­ an equivalent quantity. members of the onion industry or of quired. Public hearing. At the public hearing others. It is determined for the 1972 crop of held in San Francisco, Calif., on Au­ Accordingly this amendment shall be­ sugar beets that, in the absence of pro­ gust 10,1971, views and recommendations come effective upon publication in the portionate shares, the production of were requested on the need for estab­ lishing proportionate shares for the 1972 F ederal R egister (10-1-71). sugar from sucji crop will not be greater crop. In the notice of hearing, persons Dated: September 27, 1971. than the quantity needed to enable the area to meet its quota for 1973, the proposing the establishment of propor­ tionate shares were asked to include rec­ G . R . G rang e, calendar year during which the larger Deputy Administrator, part of the sugar from such crop "nor­ ommendations on the details of a Marketing Services. mally will be marketed, and provide a program. normal carryover inventory. Conse­ Representatives testifying on behalf of Section 51.2839 is amended as set forth sugar beet growers recommended that below: quently, proportionate shares will not be in effect in the domestic beet sugar pro­ proportionate shares not be established for the 1972 crop, since the effective in­ § 51.2839 Application o f tolerances. ducing area for the 1972 crop. ventory on January 1, 1972, is likely to (a) Except for tolerances for off-size S ta te m en t of B ases and be only 65 to 69 percent of the probable in the U.S. Export No. 1 grade, the con­ C onsiderations 1972 quota. They urged, however, that tents of individual packages in the lot, Section 302 of the Sugar Act, as acreage be restricted whenever the area based on sample inspection, are subject can provide a normal carryover inven­ to the following limitations : amended, provides, in part, that the Secretary shall determine for each crop tory. A representative of all beet sugar (1) Packages which contain more processors also recommended that farm than 10 pounds shall have not more than year whether the production of sugar proportionate shares not be established. one and one-half times a specified toler­ from any crop of sugar beets will, in the Determination. This determination ance of 10 percent and not more than absence of proportionate shares, be provides that proportionate shares will double a specified tolerance of less than greater than the quantity needed to en­ not be established for farms in the 10 percent, except that at least one de­ able the area to meet its quota and pro­ domestic beet sugar producing area for fective and one off-size onion may be vide a normal carryover inventory, as the 1972 crop of sugar beets. permitted in any package: Provided, The effective inventory of beet sugar That en route or at destination when estimated by the Secretary for such area on January 1, 1971, was about 2,570,000 onions in containers of 50 pounds or more for the calendar year during which the tons. Although the 1971 crop is unre­ are packed to a minimum size of 3!mches larger part of the sugar from such crop stricted, the estimated production from or larger not more than three onions or normally would be marketed. Such de­ the crop suggests that the effective in­ more than 4 percent (whichever is the termination may be made only after due ventory on January i, 1972, will be lower larger amount) may be affected by decay notice and opportunity for an informal than a year earlier by over 200,000 tons or wet sunscald: And provided further, if this year’s quota is fully marketed. The That the averages for the entire lot are public hearing. effective inventory would then represent within the tolerances specified for the General. The national acreage require­ only about 69 percent of the area’s 1972 grade; and, ment for the 1970 crop of sugar beets marketing opportunities if they are the

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 RULES ANO REGULATIONS 19245

(p) are amended and paragraph (w) is (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR same as this year’s. That level would be 1954-58 Comp., p. 218) about 429,000 tons below the bottom of added to § 213.3318 as set out below. U nited States Civil Serv­ the range indicated as appropriate in § 213.3318 Environmental Protection legislative history. Agency. ice Commission, After a thorough review of the latest * * * * * [ seal] James C; Spr-*, information available, it is determined Executive Assistant to (n) One Special Assistant to the As­ the Commissioners. that the production of sugar from the sistant Administrator for Media Pro­ 1972 crop of sugar beets, in the absence grams. [FR Doc.71-14420 Filed 9-30-71;8:47 am] of proportionate shares, will not be ***** greater than the quantity needed to en­ able the domestic beet sugar area to meet (р) One Confidential Assistant to the PART 213— EXCEPTED SERVICE its quota and provide a normal carryover Assistant Administrator for Media Programs. Equal Employment Opportunity inventory. Commission Accordingly, I hereby find and conclude * * * * * that the foregoing determination will ef­ (w) One Special Assistant to the As­ Section 213.3377 is amended to show fectuate the applicable provisions of the sistant Administrator for Media Pro­ that one additional Special Assistant to Sugar Act of 1948, as amended. grams (Physical Sciences). the Vice Chairman is excepted under (Secs. 301, 302, 403, 61 Stat. 929, 930, as (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR Schedule C. amended, 932; 7 U.S.C. 1131, 1132, 1153) 1954-58 Comp., p. 218) Effective on publication in the F ederal R egister (10—1—71), paragraph (g) is U n it e d S tates C iv il S erv­ Effective date: Date of publication added to § 213.3377 as set out below. (10-1-71). ic e C o m m is s io n , [ s e a l ] J a m e s C. S p r y , § 213.3377 Equal Employment Oppor­ Signed at Washington, D.C., on Sep­ Executive Assistant to tunity Commission. tember 27, 1971. the Commissioners. * * * * * K enneth E. P rick, [FR Doc.71-14418 Filed 9-30-71;8:46 am] (g) One Special Assistant to the Vice ' Adm inistrator, Agricultural Chairman. Stabilization and Conserva­ tion Service. PART 213— EXCEPTED SERVICE (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR 195A-58 Comp., p. 218) [PR Doc.71-14447 Filed 9-30-71;8:48 am] Federal Home Loan Bank Board U nited States Civil Serv­ Section 213.3354 is amended to show ice Commission, that one additional position of Assistant [ seal] James C. Spry* Title 5— ADMINISTRATIVE to the Chairman is excepted under Executive Assistant to Schedule C. the Commissioners. PERSONNEL Effective on publication in the F ederal [FR Doc.71-14417 Filed 9-30-71;8:46 am ] R eg ister (10-1-71), paragraph (c) is Chapter I-—Civil Service Commission amended as set out below. PART 213— EXCEPTED SERVICE § 213.3354 Federal Home Loan Bank Title 9— ANIMALS AND Department of Commerce Board. . * * * * * Section 213.3314 is amended to show (с) Two Assistants to the Chairman ANIMAL PRODUCTS that the position of Private Secretary of the Board and one Assistant to each Chapter I— Agricultural Research to the Director, Office of Field Services, of the other two Board Members. is no longer excepted under Schedule C. Service, Department of Agriculture * * * * * Effective on publication in the F ederal SUBCHAPTER C— INTERSTATE TRANSPORTATION (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 "CFR Register (10-1-71), subparagraph ( 10) OF ANIMALS AND POULTRY 1954-58 Comp., p. 218) of paragraph (a) of § 213.3314 is revoked. PART 72— TEXAS (SPLENETIC) FEVER (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR U n it e d S tates C iv il S erv­ IN CATTLE 1954-58 Comp., p. 218) ic e C o m m is s io n , [ s e a l ] J a m es C. S p r y , Changes in Areas Quarantined U nited States Civil Serv­ Executive Assistant to ice Commission, the Commissioners. Pursuant to the provisions of sections [ seal] James C. Spry, 1-4 of the Act of March 3, 1905, as Executive Assistant to [FR Doc.71-14419 Filed 9-30-71;8:46 am] amended, sections 1 and 2 of the Act of the Commissioners. February 2, 1903, as amended, sections [FR Doc.71-14416 Filed 9-30-71;8:46 am] PART 213— EXCEPTED SERVICE 4-7 of the Act of May 29, 1884, as amended, and sections 3 and 11 of the Act Office of Economic Opportunity of July 2, 1962 (21 U.S.C. 111-113, 115, PART 213— EXCEPTED SERVICE 117, 120, 123-126, 134b, 134f), § 72.5 of Section 213.3373 is amended to show Part 72, Title 9, Code of Federal Regula­ Environmental Protection Agency that one position of Deputy~Associate tions, which quarantines certain portions Director for Human Rights is excepted of Texas because of splenetic or tick Section 213.3318 of Schedule C is under Schedule C. amended to reflect the redesignation of fever in cattle, a contagious, infectious, Effective on publication in the F ederal the Assistant Administrator for Field and communicable disease, is hereby R egister (10-1-71), subparagraph (29) Coordination as the Assistant Adminis­ amended in the following respects: trator for Media Programs. It is also is added to paragraph (a) of § 213.3373 In § 72.5, the provisions in paragraph amended to show that an additional as set out below. (d) are deleted and paragraphs (a), (c), position of Special Assistant to the As­ § 213.3373 Office of Economic Oppor­ and (h) are changed to read respectively, sistant Administrator for Media Pro­ tunity. as follows: grams (Physical Sciences) is excepted (a) Office of the Director. * * * § 72.5 Areas quarantined in Texas. under Schedule C. (29) One Deputy Associate Director (a) That portion of Val Verde County Effective on publication in the Federal for Human Rights. lying south and west of the following Register (10-1-71), paragraphs (n) and * * * * * described line:

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 No. 191---- 2 19246 RULES AND REGULATIONS

Beginning at a point on the south bank direction to a corner, approximately one- ing in a southerly direction to where it in­ of the Devils River where the Amistad Dam eighth mile; thence, along the west double tersects the north fence of the Tom Bowles Compound east fence intersects the water­ fence of the J. R. Jones west field in a south­ K ifuri pasture, approximately 1% miles; line and following this east fence of the com­ erly direction to a corner, approximately thence, following the north fence of the Toni pound in a southerly direction to the south­ one-half mile; thence, along the south double Bowles Kifuri pasture in an easterly direc­ east corner of tlie Amistad Dam Compound, fence of the J. R. Jones west field in an tion to the northeast corner of the pasture, approximately 1% miles; thence, following easterly direction to where it intersects the approximately 1% miles; thence, following the meanderings of this Compound fence in Maverick County Water District Lateral No. the east fence of the Tom Bowles Kifuri a southwesterly direction to where it inter­ 2, approximately one-eighth mile; thence, pasture in a southerly direction to where sects the east right-of-way fence of the old along the Maverick County Water District it intersects the north fence of the G. H. railroad, approximately 3% miles; thence, Lateral No. 2 in a southerly direction to Lawless Trap,* approximately three-six­ following said old railroad fight-of-way fence where it intersects the north fence of the teenths mile; thence, following the north in a southeasterly direction to its intersec­ Calley property, approximately 3 miles; fence of the G. H. Lawless Trap in an easterly tion with the right-of-way fence of the pres­ Thence, east along the north fence of the directioh to where it intersects Edison Drive ent Southern Pacific Railroad, approxi­ Calley property to a corner, approximately Road, approximately three-sixteenths mile; mately 3 ya miles; thence, following the 200 yards; thence, following the east fence thence, across Edison Drive Road to the Southern Pacific Railroad in a southeasterly of the Calley property in a southerly direction northwest corner of the Edison property; direction to where it joins the east fence of to the northeast corner of the Hal Bowles thence, following the north fence of thè the Burnell Parker Field No. 1, approximately ranch, approximately three-eighths mile; Edison property in an easterly direction to 5% miles; thence, following the east fence thence, following the east fence of the Hal the northwest corner of the Webster prop­ of the Burnell Parker Field No. 1, in a south­ Bowles ranch in a southeasterly direction to erty, approximately one-eighth mile; thence, westerly direction to where it intersects Kite where it intersects the north fence of the following the north fence of the Webster Road, approximately one-half mile; thence, Lehman Brothers ranch, approximately property in an easterly direction to where it following Kite Road in a southerly direction three-fourths mile; thence, in a southerly intersects Farm Road No. 1021, approximately to where it intersects Garza Lane, approxi­ direction along the Maverick County quaran­ three-sixteenths mile; thence, following mately three-tenths mile; thence, following tine fence, which is the east fence of the F.M. Road No. 1021 in a southeasterly direc­ Garza Lane in a westerly direction to a cor­ C. O. Myers Lehman River Pasture, to where tion to where it intersects a double fence ner, thence proceeding in a southeasterly di­ it intersects the north fence of the Las at the junction of F.M. Road No. 1021 and rection to where the Lane intersects U.S. Vegas ranch, approximately seven-eighths F.M. Road No. 2366, approximately 10% Highway 277 Spur, approximately 1% miles; mile; thence, along the north fence of the miles; thence, following this double fence thence, following U.S. Highway 277 Spur in a Las Vegas Ranch in dn easterly direction to in a southwesterly direction to the north­ southeasterly direction to where it intersects the northeast corner of the Ranch, approxi­ east corner of the Loma Linda Ranch, ap­ Hudson Drive, approximately one-half mile; mately three-fourths mile; thence, along proximately 2 y2 miles; thence, following the thence, following Hudson Drive in a south­ the east fence of the Las Vegas Ranch in a same double fence in a westerly direction easterly direction to where it joins Rio southerly direction to where it intersects the to a corner, approximately five-eighths mile; Grande Drive, formerly called Silo Field Road,, northwest corner of the Shoftner property, approximately six-tenths mile; thence, fol­ approximately one-eighth mile; thence, Thence, following the same double fence lowing the west fence of Rio Grande Drive in along the west fence of the Shoftner property J_n a northerly direction to a corner, approxi­ in a southeasterly direction to where it joins in a southeasterly direction to the southwest mately three-fourths mile; thence, following the east fence of the Rudy Marta Vega,1 ap­ corner of the property, approximately one- the same double fence in a westerly direction proximately form-tenths mile; thence, fol­ eighth mile; thence, along the south fence to the northwest corner of the Loma Linda lowing the east fence of the Rudy Mota Vega of the Shoftner property in an easterly direc­ Ranch, approximately seven-eighths mile; in a southeasterly direction to where it joins tion to where it intersects the Maverick thence, following the meanderings of the San Felipe Creek, approximately two-tenths County quarantine fence or the east fence same double fence in a southerly direction mile; thence, following San Felipe Creek in a of the Las Vegas ranch, approximately one- to a corner of the W. D. Ranch, approximately southeasterly direction to where it joins the eighth mile; thence, following the meander­ 1% miles; thence, following the same double new W. L. Moody double fence, approximately ings of the east fence of the Las Vegas Ranch fence along the north property line of the two-tenths mile; thence, following the new in a southerly direction to where it intersects W. D. Ranch, in a westerly direction to the W. L. Moody double fence in a southwesterly the north fence of the Alex Ritchie Farm, northwest corner of the Ranch, approxi­ direction to a corner approximately 1%0 approximately 3 % miles; mately three-eighths mile; thence, following miles; thence, following the new W. L. Moody Thence, along the north fence of the Alex the same double fence along the meanderings double fence in a southeasterly direction to Ritchie Farm in an easterly direction to of the Rio Grande River in a southeasterly where it joins the old W. L. Moody double where it intersects the Maverick bounty direction to the northwest corner of the El fence at the south end of Silo Vega,1 approxi­ Water District main canal, approximately Indio Land Co. Ranch, approximately 1 mile; mately 1%0 miles; thence, following the three-eighths mile; thence, following the thence, following the meanderings of the meanderings of the new W. L. Moody double meanderings of the Maverick County Water same double fence parallel to the Rio Grande fence paralleling the Rio Grande River in a District main canal in a southerly direction River in a southeasterly direction to where it southeasterly direction to where it joins the to where it intersects the C.P. & L. Power intersects the west fence of the Kiesling old W. L. Moody double fence at the south Plant Road, approximately 3% miles; thence, Rio Lado Farm, approximately 4 miles; end of the White Ranch Vega,1 approximately following the G.P. & L. Power Plant Road in thence, following the same double fence fix 4%0 miles; thence, following the meander­ an easterly direction to where it intersects a southeasterly direction to where it joins ings of the old W. L. Moody double fence in the west fence of the Beer Joint Trapp,* the west double fence of the Stone Ranch a southeasterly direction to the Val Verde- approximately 1% miles; thence, following Upper Pasture, approximately 1% miles; Kinney County line at Sycamore Creek, ap­ the west fence of the Beer Joint Trap * in a thence, following the meanderings of thé proximately 5 y2 miles. southerly direction to the southwest corner Stone Ranch Upper Pasture west double of the Trap, approximately five-eighths mile; fence in a northerly direction to a corner, * * * * * thence, following the south fence of the Beer approximately one-half mile; thence, follow­ (c) That portion of Maverick and Joint Trap in an easterly direction to where ing the same double fence along the north Webb Counties lying generally west of the it intersects the west right-of-way fence of property line of the Stone Ranch Upper Pas­ ture in a northeasterly direction to the east following described line: U.S. Highway 277, approximately three- f6urths mile; thence, following the U.S. High­ fence of the Pasture, approximately three- Beginning at a point where the Maverick way 277 in a southerly direction to where it fourths mile to the Maverick County quaran­ County Water District main canal intersects intersects the south fence of the De Bona tine fence; thence, following the quarantine the Klnney-Maverick County line and follow­ Trap,* approximately 7% miles; thence, fol­ fence in a southerly direction to the north­ ing this main canal in a southeasterly direc­ lowing the south fence of the De Bona Trap west corner of the Kiesling Lake Pasture, tion to where it intersects the west right-of- in a westerly direction to where it intersects way fence of U.S. Highway 277, approximately approximately 10% miles: the east fence of Meyers V ega1 in a southerly 5% miles; thence, following the west right- Thence, along the Kiesling Lake Pasture of-way fence of U.S. Highway 277, in a direction to where it intersects the northwest double fence in a southeasterly direction to southerly direction to .where it intersects corner of the Jack Spence premises, approxi­ where it intersects the north fence of the Maverick County Water District Lateral No. 2, mately one-eighth mile; thence, following R. C. Cage Mansfield Pasture, approximately approximately one-half mile; thence, follow­ the meanderings of the east fence of the 1% miles; thence, continuing along a double ing the Maverick County Water District Jack Spence premises in a southerly direction Lateral No. 2 in a southerly direction to where fence paralleling "the river in a southeasterly it intersects the north double fence of the to the southwest corner of the Spence prem­ direction to where it intersects the Maverick - J. R. Jones west field, approximately 1% ises where the line meets the Meyers V ega1 Webb County line, approximately 15% miles; miles; thence, along the north double fence fence, approximately 1 mile; thence, beginning at the Maverick-Webb of the J. R. Jones west field in a westerly Thence, following the Meyers Vega fence County line and following a double fence in a southerly direction to where it joins paralleling the Rio Grande River in a south­ See footnotes at end of document. the Eagle Pass City V ega1 fence and continu­ easterly direction to the west fence of the

FEDERAL REGISTER, V O L 36, NO. 191— FRIDAY, OCTOBER 1, 1971 RULES AND REGULATIONS 19247

Chupadero Ranch Alamita Trap,8 approxi­ southwesterly direction to a corner, approxi­ south along the west fence of the Bruni- mately ~5% miles; thence, following the same mately three-sixteenths mile; thence, follow­ Sommer-Dickenson property to where it double fence in a northeasterly direction to ing the J. Jacaman west fence in a southerly intersects the north fence of the S. Vasquez the southwest corner of the Chupadero direction to where it intersects the northwest Ranch, approximately three-fourths mile; Ranch Rincon .Trap,2 approximately one-half corner of the Rash Trap,2 approximately Thence, east along the north fence of the mile; thence, following the same double fence three-sixteenths mile; thence, following the S. Vasquez Ranch to a corner, approximately in a northwesterly direction to a corner, ap­ north fence of the Rash Trap in an easterly three-fourths mile; thence, following the east proximately 1 mile; thence, following the direction to where it intersects the Laredo fence of the S. Vasquez Ranch in a southerly same double fence in a northerly direction to Air Force Base north fence, approximately direction to the north fence of the Dr. Wright where it intersects the Webb-Maverick three-eighths mile; thence, following the Ranch, approximately five-eighths mile; County line, approximately 1% miles; thence, Larede Air Force Base north fence in an thence, following the north fence of the Dr. following the same double fence in a north­ easterly direction around the Laredo Air Force Wright Ranch in a westerly direction to a erly direction to where it intersects the Eagle Base to where it intersects the north fence comer, approximately 1% miles; thence, fol­ Pass-Laredo River Road,, approximately one- of the Casa Blanca Recreation Area, approxi­ lowing the same fence in a southerly direc­ eighth mile; thence, following the Eagle Pass- mately 1% miles; thence, following the Casa tion across Wormser Road to a corner, ap­ Laredo River Road in an easterly direction to Blanca Recreation Area north fence in an proximately one-sixteenth mile; thence, west where it intersects the Maverick-Webb easterly direction to where it intersects Casa along the same fence to a corner, approxi­ County line, approximately three-fourths Blanca Lake, approximately three-eighths mately three-sixteenths mile; thence, fol­ mile; thence, following the Eagle Pass-Laredo mile; lowing the same fence in a southerly direc­ River Road and following this road in a Thence, crossing the Casa Blanca Lake and tion to a corner, approximately three-eighths southeasterly direction to where it intersects proceeding about one-fourth mile to the mile; thence, following the same fence in a the north double fence of the Las Minas south to the Lower Lake Trap 2 north fence westerly direction to a comer, approximately Ranch, approximately 43% miles; thence, and following said fence in an easterly di­ five-eighths mile; thence, south along the following the north double fence of the Las rection to the northeast corner of the Lower same fence to a corner, approximately three- Minas Ranch in a westerly direction to the Lake Trap, approximately eight-tenths mile; sixteenths mile; thence, continuing along the northwest corner of the ranch, approximately thence, proceeding south along the east fence same fence in a westerly direction to where it 1 % miles; . of the Lower Lake Trap to a corner approxi­ intersects U.S. Highway 83, approximately Thence, following the west double fence mately five-eights mile; thence, following one-eighth mile; thence, following U.S. of the Las Minas Ranch in a southerly di­ the same fence in an easterly direction to a Highway 83 in a southerly direction to where rection to the southwest corner of the ranch, corner approximately 100 yards; thence, fol­ it intersects the north double fence of the approximately 3% miles; thence, following lowing the same fence in a northeasterly di­ A. W. Gates Santa Rita Farm, approximately the south double fence of the Las Minas rection to a corner approximately 300 yards; 1% miles; thence, following the meanderings Ranch in an easterly direction, approximately thence, following the same fence in a south­ of the north double fence of the A. W. Gates ¿y8 miles to where it intersects the Eagle easterly direction to U.S. Highway 59 and Santa Rita Farm in a westerly direction to Pass-Laredo River Road which is called across this highway to the south fence of the northwest corner of the farm, approxi­ “Mines Road” from this point south; thence, the highway approximately 220 feet; thence, mately 1% miles; thence, following the west following the Mines Road in a southeasterly following the south fence of U.S. Highway double fence of the A. W. Gates Santa Rita direction to where it intersects the northwest 59 in a southwesterly direction te-the north­ Farm in a southerly direction to the south­ corner of the Laredo Municipal Airport, ap­ west corner of the Ponderosa Ranch, approxi­ west corner of the farm, approximately seven- proximately 12% miles; thence, following the mately 1%0 miles; thence, following the west sixteenths mile; north fence of the Laredo Municipal Airport fence of the Ponderosa Ranch in a southerly Thence, following the south double fence of in an easterly direction to the northeast cor­ direction to the northeast corner of the Alex the A. W Gates Santa Rita Farm in an east­ ner of the airport, approximately three- Villarreal Property, approximately one-fourth erly direction to where it intersects U.S. High­ sixteenth mile; thence, proceeding south mile; thence, following the north fence of way 83, approximately 1 mile; thence, south along the east fence of the Laredo Municipal the Alex Villarreal Property in a westerly along U.S. Highway 83 to the northeast corner Airport to where it intersects the north fence direction to a corner, approximately one- of San Andres Dairy, approximately five-six­ of the Farias Farm, approximately three- fourth mile; thence, following the same fence teenths mile; thence, following the north fourths mile; thence, following the north in a southerly direction to a corner, ap­ double fence of the San Andres Dairy in a fence of the Farias Farm in an easterly di­ proximately two-tenths mile; thence, follow­ westerly direction to a corner, approximately rection to where it intersects U.S. Highway ing the same fence in a westerly direction to one-eighth mile; thence, following the same 83, approximately 1% miles; thence, follow­ where it intersects the east fence of the P. double fence in a southerly direction to a ing U.S. Highway 83 in a southerly direction Young Ranch, approximately two-tenths corner, approximately one-fourth mile; to where it intersects the south fence of the mile; thence, following the same double fence in a Alfredo Santos Pasture, approximately three- Thence, following the east fence of the P. westerly direction to a corner, approximately fourths mile; thence following the south Young Ranch in a southerly direction to the five-eighths mile; thence, following the same, fence of the Alfredo Santos Pasture in an northwest corner of the Ortiz Pasture, ap­ double fence in a southerly direction to the easterly direction to where it intersects the proximately two-tenths mile; thence, follow­ southwest corner, approximately five-eighths west fence of the De Llano Pasture, approxi­ ing the west fence of the Ortiz Pasture in mile; thence, following the same double fence mately 2 miles; thence, following the west a southwesterly direction to the southwest in an easterly direction to where it intersects fence of the De Llano Pasture in a southerly corner of the pasture, approximately five- the U.S. Highway 83, approximately five- direction to the southwest corner of the eighths mile; thence, following the south eighths mile; thence, following U.S. Highway Pasture, approximately one-eighth mile; fence of the Ortiz Pasture in an easterly di­ 83 in a southerly direction to the northeast thence, following the south fence of the De rection to the southeast corner of the pas­ comer of the T. J. Yancey San Rafael Farm, Llano Pasture in a northeasterly direction to ture, approximately 1% miles; thence, fol­ approximately 2% miles; thence, following a corner, approximately one-half mile; lowing the west fence of the Killam Ranch the north double fence of the T. J^ Yancey Thence, following the same fence in a in a southerly direction to where it intersects San Rafael Farm in a westerly direction to northwesterly direotion to a corner, approxi­ the Tex-Mex Railroad, approximately three- the northwest corner of the farm, approxi­ mately 50 yards; thence, following the same eighths mile; thence, following the Tex-Mex mately 1 mile; thence, proceeding southwest fence in a northeasterly direction to the Railroad in a westerly direction to where it along the west double fence of the T. J. northeast corner of the Trautmann Farm, intersects the northwest corner of the Yancey San Rafael Farm to the north single approximately four-tenths mile; thence, fol­ Chavana property, approximately one-half fence of the Wm. McKendrick & Sons Santa lowing the meanderings of the Trautmann mile; thence, following the west fence of the Rosa Farm, approximately five-eighths mile; Farm east property line in a southeasterly Chavana property in a southerly direction to thence, continuing southwest along the Wm. direction to its junction with the Test Site where it intersects the Chavana Road, ap­ McKendrick & Sons Santa Rosa Farm’s double Road, approximately 1% miles; thence, fol­ proximately one-half mile; thence, following fence to the southwest corner of the farm, lowing the Test Site Road in a southwesterly the Chavana Road in a westerly direction to approximately five-eighths mile; thence, fol­ direction to the west fence of the Alexander a corner, approximately three-sixteenths lowing the continuation of the same double property, approximately 1% miles; thence, mile; thence, following the Chavana Road fence paralleling the Rio Grande River in a following the west fence of the Alexander in a southerly direction to where it inter­ southerly direction to where it joins the property in a southerly direction to a sects State Highway 359, approximately northwest comer of the H. B. Zachary Ranch corner, approximately seven-eighths mile; three-eighths mile; thence, proceeding south thence, following the Alexander property across State Highway 359 and Loop 20 at double fence, approximately 5 miles; thence, south fence in an easterly direction to the intersection to the north fence of the following the meanderings of the H. B. Zach­ where it intersects the J. Jacaman north Bruni-Sommer-Dickenson property, approxi­ ary west double fence in a southeasterly di­ fence, approximately one-fourth mile; thence, mately 100 yards; thence, following the north rection to a corner, approximately 4% miles; following the J. Jacaman north fence in a fence of the Bruni-Sommer-Dickenson prop­ thence, following the same fence in an east­ erty in arsouthwesterly direction to a corner, erly direction to a corner, approximately See footnotes at end of document. approximately one-fourth mile; thence, three-eighths mile;' thence, following the

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19248 RULES AND REGULATIONS

same fence in a southerly direction to a cor­ Ardmore, Okla.— Ardmore Municipal Airport; ner, approximately three-eighths mile; VOR Runway 4, Arndt. 11; Revised."-^ thence, following the H. B. Zachary Ranch Title 14— AERONAUTICS Ardmore, Okla.— Downtown Ardmore Airport; south double fence in an easterly direction to VO R-A, Arndt. 5; Revised. where it intersects U.S. Highway 83 at the AND SPACE Bartlesville, Okla.— Frank Phillips Airport; Webb-Zapata County line, approximately VOR Runway 17, Arndt. 5; Revised. 3% miles. Chapter I— Federal Aviation Adminis­ Bartlesville, Okla.— Frank Phillips Airport; * * * * * tration, Department of Transportation VOR/DME Runway 35, Original; Estab­ [Docket No. 11429; Arndt. No. 775] lished. (h) That portion of Cameron County Billings, Mont.— Logan Field; VOR/DME lying south of the following described pa rt 97— STANDARD INSTRUMENT Runway 27, Arndt. 9; Revised. line; APPROACH PROCEDURES Billings, Mont.—Logan Field; VOR Runway Beginning at the.'Hidalgo-Cameron County 9, Arndt. 12; Revised. line on U.S. Highway 281 and following this Miscellaneous Amendments Council Bluffs, Iowa— Council Bluffs Munic­ highway in an easterly direction to the old ipal Airport; VO R-A, Arndt. 1; Revised. U.S. Highway 281 at the San Pedro Commu­ This amendment to Part 97 of the ' Detroit, Mich.— Willow Run Airport; VOR nity, approximately 19.7 miles; thence, fol­ Federal Aviation Regulations incorpo­ Runway 5R, Arndt. 2; Revised. lowing old U.S. Highway 281 in a southeast­ rates by reference therein changes and Eufaula, Ala.—Weedon Field; VOR Runway erly direction through the San Pedro Com­ additions to the Standard Instrument 18, Amdt. 2; Revised. munity to where It joins the present U.S. Approach Procedures (SIAP’s) that were La Grange, Ga.— Callaway Airport; VOR Run­ Highway 281, approximately 1.9 miles; way 13, Amdt. 8; Revised. recently adopted by the Administrator Lamtaertville, Mich.— Wagon Wheel Airport; thence, following U.S. Highway 281 in an to promote safety at the airports con­ easterly direction to a point in Brownsville, VO R-A, Amdt. 1; Revised. Tex., at whicl\ it becomes Boca Chica Boule­ cerned. Lapeer, Mich.— Dupont-Lapeer Airport; vard, approximately 5.8 miles; thence, follow­ The complete SIAP’s for the chapges VO R-A, Amdt. 2; Revised. ing Boca Chica Boulevard in an easterly di­ and additions covered by this amend­ Livingston, Mont.—Mission Field; VOR-A, rection to a point at which it becomes Boca ment are described in FAA Forms 3139, Amdt. 1; Revised. Chica Road, approximately 5.4 miles; thence, 8260-3, 8260-4, or 8260-5 and made a part Red Bank, N.J.— Red Bank Airport; VOR j Runway 9, Amdt. 8; Canceled. following Boca Chica Road in an easterly di­ of the public rule making dockets of the rection for a distance of approximately 3.9 South Bend, Ind.— St. Joseph County Air­ FAA in accordance with the procedures port; VOR Runway 18, Amdt. 1; Revised. miles, at which point it intersects a drainage set forth in Amendment No. 97-696 (35 ditch; thence, following the drainage ditch 3. Section 97.25 is amended by es­ in a northerly direction to where it intersects F.R. 5609). the Brownsville ship channel, approximately SIAP’s are available for examination at tablishing, revising or canceling the 3 miles; thence, following the Brownsville the Rules Docket and at the National following LOC-LDA SIAP’s, effective ship channel in a northeasterly direction to Flight Data Center, Federal Aviation Ad­ October 21, 1971. the Gulf of Mexico, a distance of approxi­ ministration, 800 Independence Avenue Billings, Mont.—Logan Field; LOC (BC) mately 17 miles. > SW., Washingon, DC 20590. Copies of Runway 27, Amdt. 1; Revised. (Secs. 4-7, 23 Stat. 32, as amended, secs. 1 SIAP’s adopted in a particular region are Columbus, Miss.— Golden Triangle Regional and 2, 32 Stat. 791-792, as amended, secs. 1-4, also available for examination at the Airport; LOC Runway 18, Original; 33 Stat. 1264-1265, as amended, secs. 3 and headquarters of that region. Individual Established. 11, 76 Stat. 130, 132; 21 U.S.C. 111-113, 115, copies of SIAP’s may be purchased from Fort Wayne, Ind.— Municipal (Baer Field) 117, 120, 123-126, 134b, 134f; 29 F.R. 16210, Airport; LOC Runway 4, Amdt. 2; Revised. as amended) the FAA Public Document Inspection Hot Springs, Va.— Ingalls Field; LOC Runway Facility, HQ-405, 800 Independence Ave­ 24, Amdt. 2; Revised. Effective date. The foregoing amend­ nue SW., Washington, DC 20590, or from Memphis, Tenn.— Memphis International ments shall become effective upon pub­ the applicable FAA regional office in ac­ Airport; LOC (BC ) Runway 17L, Amdt. 4; lication in the F e d e r a l R egister cordance with the fee schedule prescribed Revised. (10-1-71). in 49 CFR 7.85. This fee is payable in ad­ Oklahoma City, Okla.— W ill Rogers World The amendments exclude certain por­ vance and may be paid by check, draft, Airport; LOC (BC ) Runway 17L, Amdt. 1; or postal money order payable to the Revised. tions of Cameron, Maverick, Webb, and South Bend, Ind.— St. Joseph County Air­ Val Verde Counties in Texas from the Treasurer of the United States. A weekly port; LOC (BC) Runway 9, Amdt. 7; areas quarantined because of splenetic transmittal of all SIAP changes and addi­ Revised. or tick fever. Therefore, the regulations tions may be obtained by subscription at pertaining to the interstate movement of an annual rate of $125 per annum from 4. Section 97.27 is amended by es­ cattle and certain materials from the the Superintendent of Documents, U.S. tablishing, revising or canceling the quarantined areas as contained in 9 CFR Government Printing Office, Washing­ following NDB/ADF SIAP’s, effective Part 72 will not apply to the excluded ton, D.C. 20402. October 21, 1971. areas, but will continue to apply to the Since a situation exists that requires Ardmore, Okla.— Ardmore Municipal Air­ quarantined areas described in § 72.5. ipimediate adoption of this amendment, port; NDB Runway 8, Amdt. 10; Revised. The amendments jcelieve certain re­ I find that further notice and public pro­ Bellaire, Mich.— Bellaire-Antrim County cedure hereon is impracticable and good Airport; NDB Runway 2, Amdt. 2; Revised. strictions presently imposed and should Billings, Mont.— Logan Field; NDB Runway be made effective immediately to be of cause exists for making it effective in less than 30 days. 9, Amdt. 13; Revised. maximum benefit to affected persons. Bismarck, N. Dak.— Bismarck Municipal Air­ Accordingly, under the administrative In consideration of the foregoing, Part port; NDB Runway 31, Amdt. 22; Revised. procedure provisions in 5 U.S.C. 553, it is 97 of the Federal Aviation Regulations Fitzgerald, Ga.— Fitzgerald Municipal Air­ found upon good cause that notice and is amended as follows, effective on the port; NDB Runway 1, Original; Established. other public procedure with respect to dates specified: Fargo, N. Dak.— Hector Airport; NDB Runway 35, Amdt. 20; Revised. the amendments are impracticable and 1. Section 97.23 is amended by estab­ lishing, revising, or canceling the follow­ Guymon, Okla.— Guymon Municipal Airport; unnecessary, and good cause is found for NDB Runway 18, Amdt. 1; Revised. making them effective less than 30 days ing VOR-VOR/DME SIAP’s, effective October 14, 1971. Hot Springs, Va.— Ingalls Field; NDB Run­ after publication in the F ederal way 24, Amdt. 2; Revised. R e g ist e r . Bismarck, N. Dak.— Bismarck Municipal Air­ Knoxville, Iowa— Knoxville Municipal Air­ port; VOR-A, Arndt. 13; Revised. port; NDB Runway 15, Amdt. 1; Revised. Done at Washington, D.C., this 27th State College, Pa.— State College Air Depot; day of September 1971. VO R-A, Arndt. 3; Revised. Raton, N. Mex.— Crews Field; NDB Runway 2, State College, Pa.— University Park Air­ Original; Canceled. F . J. M u l h e r n , port; VOR-A, Arndt. 3; Revised. South Bend, Ind.— St. Joseph County Air­ Acting Administrator, Manchester, N.H.— Grenier Field/Manchester port; NDB Runway 27, Amdt. 19; Revised. Agricultural Research Service. Municipal Airport; VOR/DME Runway 17, Sylvester, Ga.— Sylvester Airport; NDB Run­ Arndt. 5; Revised. way 1, Amdt. 1; Revised. [FR Doc.71-14433 Filed 9-30-71;8:45 am] 2. Section 97.23 is amended by estab­ 5. Section 97.29 is amended by es­ 1A vega is a flat lowland area. lishing, revising, or canceling the follow­ tablishing, revising, or canceling the fol­ a A trap is an area in which animals may be ing VOR-VOR/DME SIAP’s, effective lowing ILS SIAP’s, effective October 14, trapped. October 21, 1971. 1971. >

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 RULES AND REGULATIONS 19249

Manchester, N.H.— Grenier Field/Manchester physical therapists not qualified under Advisory Council approved both alterna­ Municipal Airport; ILS Runway 35, Amdt. current regulations. These comments tive qualification requirements. 5; Revised. presented divergent views reflecting the These alternative requirements appear 6. Section 97.29 is amended by es­ concerns of the particular parties. Some to be necessary in order to alleviate the tablishing, revising, or canceling the fol­ advocated retention of the regulations shortages of physical therapists. Under lowing ILS SIAP’s, effective October 21, in their present form and opposed any the alternative requirements we are rea­ 1971. relaxation of the requirements: Others sonably assured that minimum stand­ objected to the proposed amendment on ards of competence will be maintained, Billings, Mont.— Logan Field; ILS Runway 9, the ground that the conditions of quali­ and, most importantly, that these re­ Amdt. 16; Revised. Bismarck, N. Dak.— Bismarck Municipal Air­ fication therein are more stringent than quirements will help relieve the health port; ILS Runway 31, Amdt. 23; Revised. the requirements of laws of certain manpower shortages. Detroit, Mich.— Willow Run Airport; ILS States under which some physical thera­ It is estimated that 3,500 physical Runway 5R, Amdt. 1; Revised. ' pists are licensed. The points of view ex­ therapists will qualify under the alterna­ Fargo, N. Dak.— Hector Airport; ILS Runway pressed by all interested parties have tive requirements as proposed. Further, a 35, Amdt. 21; Revised. been carefully considered in the formu­ physical therapist who qualified under Fort Worth, Tex.— Greater Southwest Inter­ lation of the final regulations. the amendments as previously published national Dallas-Fort Worth Field; ILS As now promulgated, the regulations will not have to retake the examination, Runway 13, Amdt. 16; Revised. South Bend, Ind.— St. Joseph County Air­ strike a balance between overemphasis or to have his 15 years’ experience re­ port; ILS Runway 27, Amdt. 24; Revised. upon educational attainments as the pri­ evaluated, in order to be considered a mary tests of qualification and the non- qualified physical therapist under Medi­ 7. Section 97.31 is amended by es­ uniform standard of State licensure care. tablishing, revising, or canceling the alone. Moreover, the formulation of these After due consideration of all com­ following Radar SIAP’s, effective Octo­ amendments to the regulations was un­ ments received, the proposed amend­ ber 21, 1971. dertaken pursuant to the expectation of ments are hereby adopted without Oklahoma City, Okla.— W ill Rogers World the Senate Finance Committee as ex­ change and are set forth belowî Airport; Radar-1, Amdt. 9; Revised. pressed in its report on the Social Secu­ (Secs. 1102, 1861, 1863, 1864, and 1871; 49 South Bend, Ind.— St. Joseph County Air­ rity Amendments of 1967. That report di­ Stat. 647, as amended; 79 Stat. 314; 42 U.S.C. port; Radar-1, Original; Established. rected the Secretary to the extent 1302,1395, et seq.) Toledo, Ohio— Toledo Express Airport; feasible, to explore, develop, and apply Radar-1, Amdt. 8; Revised. appropriate means of determining the Effective date. These amendments shall (Secs. 307, 313, 601, 1110, Federal Aviation proficiency of health personnel disquali­ be effective upon publication in the Act of 1958; 49 U.S.C. 1438, 1354, 1421, 1510; fied under present Medicare regulations. F ederal R egister (10-1-71). sec. 6(c) Department of Transportation Act, To carry out this directive, an expert Dated: August 31,1971. 49 U.S.C. 1655(c), and 5 U.S.C. 5 5 2 (a )(1 )) review panel was established to consider Issued in Washington, D.C., on Sep­ the problem, to meet with representatives R obert M. B all, tember 24,1971. of interested organizations, and to advise Commissioner of Social Security. the Community Health Service, Public Approved: September 25,1971. W illiam G. Shreve, Jr., Health Service, who were responsible for Acting Director, the study. The panel consulted with rep­ Elliot L. R ichardson, Flight Standards Service. resentatives of State and national asso­ Secretary of Health, Education, and Welfare. N ote : Incorporation by reference pro­ ciations whose membership is comprised visions in §§97.10 and 97.20 (35 F.R. of most of the physical therapists in this Regulations No. 5 of the Social Secu­ 5610) approved by the Director of the country. The panel concluded that be­ rity Administration, as amended (20 CFR Federal Register on May 12, 1969. cause of the wide variations in the educa­ Part 405), are further amended, as tional background of physical therapists [FR Doc.71-14357 Filed 9-30-71;8:45 am] follows: who were unable to meet the Medicare 1. Paragraph (d )(3 ) of § 405.1031 is standards of qualification then in effect, revised to read as follows : it could not recommend that State li­ censure alone be accepted as an adequate § 405.1031 Condition of participation— Title 20— EMPLOYEES’ criterion of competence for Medicare complementary departments. purposes. The panel recommended, how­ ♦ * * * * BENEFITS ever, that licensed physical therapists (d) Standard; rehabilitation, physical Chapter III— Social Security Adminis­ who were unable to meet the then-exist­ therapy, and occupational therapy de­ tration, Department of Health, Edu­ ing requirements for participation in the partment. * * * cation, and Welfare Medicare program be permitted to (3) If physical therapy services are qualify upon achieving a satisfactory offered, the services are given by or under [Regs. No. 5, further amended] grade on an examination conducted by the supervision of a qualified physical PART 405— 'FEDERAL HEALTH INSUR­ or under the sponsorship of the U.S. therapist. A qualified physical thera­ Public Health Service, which would eval­ pist is one who: ANCE FOR THE AGED (1965- ) uate the skills and ability of such physi­ (i) Has graduated from a physical Qualifications of Physical Therapists cal therapists. therapy curriculum approved by— In addition the Social Security Ad­ (a) The American Physical Therapy On May 15, 1971, there was published ministration believed that further con­ Association; or in the F ederal R egister (36 F.R. 8960) sideration should also be given to those a notice of proposed rule making with physical therapists whose experience has (b) The Council on Medical Education proposed amendments to Subparts J, K, been concentrated in health-oriented and Hospitals of the American Medical L, and Q of Regulations No. 5 which pror settings for such extended periods of Association; or posed to incorporate alternative require­ time as could be considered sufficient to (c) The Council on Medical Education ments for qualifying as a physical thera­ constitute a reliable and objective meas­ of the American Medical Association in pist under Medicare. ure providing reasonable assurance that collaboration with the American Phys­ Interested parties were given the op­ they had attained proficiency at an ade­ ical Therapy Association; or portunity to submit within 30 days data, quate level of quality. Accordingly, an (ii) Prior to January 1, 1966— views, or arguments with regard to the additional alternative for qualification is (a) Has been admitted to membership proposed amendments. contained in the proposed regulations, by the American Physical Therapy As­ Comments were received from several based on State licensure and long expe­ sociation; or persons, including representatives of na­ rience in the treatment of illness or in­ (b) Has been admitted to registration tional organizations concerned with the jury through the practice of physical by the American Registry of Physical rendition of physical therapy services and therapyv The Health Insurance Benefits Therapists; or

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1. 1971 19250 RULES AND REGULATIONS

(c) Has graduated from a physicaltion for licensure as a physical therapist; satisfactory grade through the examina­ therapy curriculum in a 4-year college or or tion conducted by or under the sponsor­ university approved by a State depart­ (iii) I f he is currently licensed or regis­ ship of the Public Health Service; or ment of education, is licensed or regis­ tered to practice physical therapy pursu­ ,(ii) Was licensed or registered prior tered as a physical therapist, and where ant to State law, he: to January 1, 1966, and prior to Jan­ appropriate, has passed a State exami­ (a) Was licensed or registered prior uary 1, 1970, had 15 years of full-time nation for licensure as a physical thera­ to January 1, 1970, and has achieved a experience in the treatment of illness pist; or satisfactory grade through the examina­ or injury through the practice of physi­ (iii) I f currently licensed or registered tion conducted by or under the sponsor­ cal therapy in which he rendered serv­ to practice physical therapy pursuant to ship of the Public Health Service; or ices upon the order of and under the State law: (b) Was licensed or registered prior to direction of attending and referring phy­ (a) Was licensed or registered prior to January 1, 1966, and prior to January 1, sicians; or January 1, 1970, and has achieved a 1970, had 15 years of full-time experience (4) I f trained outside the United satisfactory grade through the examina­ in the treatment of illness or injury States— tion conducted, by or under the sponsor­ through the practice of physical therapy (i) Has graduated since 1928 from a ship of the Public Health Service; or in which he rendered services upon the physical therapy curriculum approved (b) Was licensed or registered prior order of and under the direction of at­ in the country in which the curriculum to January 1, 1966, and prior to Janu­ tending and referring physicians; or was located and in which there is a ary 1, 1970, had 15 years of full-time (iv) If trained outside the United' member organization of the World Con­ experience in the treatment of illness or States— federation for Physical Therapy; and injury through the practice of physical (a) Has graduated since 1928 from a (ii) Is a member of a member orga­ therapy in which he rendered services physical therapy curriculum approved in nization of the World Confederation for upon the order of and under the direc­ the country in which the curriculum was Physical Therapy; and tion of attending and referring, physi­ located and in which there is a member (iii) Has completed 1 year’s experi­ cians; or organization of the World Confederation ence under the supervision of an active (iv) I f trained outside the United for Physical Therapy; and member of the American Physical States— (b) Is a member of a member organiza­ Therapy Association; and (a) Has graduated since 1928 from a tion of the World Confederation for (iv) Has successfully completed a qual­ physical therapy curriculum approved Physical Therapy; and ifying examination as prescribed by the in the country in which the curriculum (c) Has completed 1 year’s experience American Physical Therapy Association. was located and in which there is a mem­ under the supervision of an active mem­ ber organization of the World Confeder­ ber of the American Physical Therapy 4. Paragraph (e) of § 405.1720 is re­ ation for Physical Therapy; and Association; and vised to read as follows: (b) Is a member of a member organi­ (d) Has successfully completed a § 405.1720 Condition o f participation— zation of the World Confederation for qualifying examination as prescribed by physical therapy services. Physical Therapy; and the American Physical Therapy Associa­ - * * * * ♦ (c) Has completed l-year’s experience tion. under the supervision of an active mem­ (e) Standard; physical therapists. 3. Paragraph (b) of § 405.1229 is re­ ber of the American Physical Therapy Physical therapy is given or supervised vised to read as follows: Association; and by a therapist who meets one of the (d) Has successfully completed a qual­ § 405.1229 Condition o f participation— following requirements: ifying examination as prescribed by the physical therapy. (1) He has graduated from a physical American Physical Therapy Association. * * * * * therapy curriculum approved by: (1) The American Physical Therapy 2. Paragraph (c )(1 ) of § 405.1126 is (b) Physical therapist— qualifications. Association; or revised to read as follows: A physical therapist; (ii) The Council on Medical Educa­ (1) Has graduated from a physicaltion and Hospitals of the American Med­ § 405.1126 Condition of participation— therapy curriculum approved by— restorative services. ical Association; or * * * * * (1) The American Physical Therapy (iii) The Council on Medical Educa­ Association; or ' (c) Standard; therapy services. * * * tion of the American Medical Associa­ (ii) The Council on Medical Educa­ tion in collaboration with the American ( 1 ) Physical therapy is given or super­ tion and Hospitals of the American Med­ vised by a therapist who meets one of the Physical Therapy Association; or ical Association; or (2) Prior to January 1, 1966: following requirements ; (iii) The Council on Medical Educa­ (i) He has graduated from a physical (i) Has been admitted to membership tion of the American Medical Associa­ by the American Physical Therapy As­ therapy curriculum approved by— tion in collaboration wit}j the American (a) The American Physical Therapy sociation; or Physical Therapy Association; or (ii) Has been admitted to registration Association; or (2) Prior to January 1, 1966— (b) The Council on Medical Education by the American Registry of Physical (i) Has been admitted to member­ Therapists; or and Hospitals of the American Medical ship by the American Physical Therapy (iii) Has graduated from a physical Association; or Association; or (c) The Council on Medical Education therapy curriculum in a 4-year college or of the American Medical Association in (ii) Has been admitted to registra­ university approved by. a State depart­ collaboration with the American Physical tion by the American Registry of Physi­ ment of education, is licensed or regis­ Therapy Association; or cal Therapists; or tered as a physical therapist, and where (ii) Prior to January 1, 1966— (iii) Has graduated from a physical appropriate, has passed a State exami­ (a) Has been admitted to membership therapy curriculum in a 4-year college nation for licensure as a physical thera­ by the American Physical Therapy As­ or university approved by a State depart­ pist; or sociation; or ment of education, is licensed or reg­ (3) If he is currently licensed or reg­ (b) Has been admitted to registration istered as a physical therapist, and where istered to practice physical therapy pur­ by the American Registry of Physical appropriate, has passed a State examina­ suant to State law, he: Therapists; or tion for licensure as a physical therapist; (i) Was licensed or registered prior to (c) Has graduated from a physical or January 1,1970, and has achieved a sat­ therapy curriculum in a 4-year college or (3) I f currently licensed or registered isfactory grade through the examina­ university approved by a State depart­ to practice physical therapy pursuant to tion conducted by or under the sponsor­ ment of education, is licensed or regis­ State law: ship of the Public Health Service; or tered as a physical therapist, and where (i) Was licensed or registered prior (ii) Was licensed or registered prior to appropriate, has passed a State examina- to January 1, 1970, and has achieved a January 1, 1966, and prior to January 1.

FEDERAL REGISTER, VOt. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 RULES AND REGULATIONS 19251

1970, had 15 years of full-time experi­ the grounds for the objections. I f a hear, deadline for filing applications. As ence in the treatment of illness or in­ ing is requested, the objections must amended, § 41.3 reads as follows: jury through the practice of physical state the issues for the hearing. A hear­ § 41.3 Qualifications for enrollment and therapy in which he rendered services ing will be granted if the objections are the deadline for filing applications. upon the order of and under the direction supported by grounds legally sufficient to * * * * * of attending and referring physicians; or justify the relief sought. Objections may (4) I f trained outside the Unitedhe accompanied by a memorandum or (0) Snohomish, Upper Skagit, Sno­ States * brief in support thereof. qualmie, and Skykomish Tribes of In­ (i) Has graduated since 1928 from a dians: Effective date. This order shall become (1) All persons who meet the following physical therapy curriculum approved in effective on its date of publication in the the country in which the curriculum was requirements shall be entitled to be en­ F ederal R eg iste r (10-1-71). located and in which there is a member rolled on the separate rolls of those organization of the World Confederation (Sec. 408 ( e ) , (m ), 68 Stat. 514, 517; 21 U.S.C. tribes to share in the distribution of for Physical Therapy; and 346a ( e ) , (m ) ) judgment funds awarded the Snohomish, (ii) Is a member of a member organi­ Dated: September 24,1971. Upper Skagit, Snoqualmie, and Skyko­ zation of the World Confederation of mish Tribes in Indian Claims Commis­ Physical Therapy; and W il l ia m M . U p h o l t , sion dockets 92,93, and 125: (iii) Has completed 1 year’s experience Deputy Assistant Administrator, (1) Who were bom on or prior to and under the supervision of an active mem­ for Pesticides Programs. living on June 23,1971; ber of the American Physical Therapy [FR Doc.71-14402 Filed 9-30-71;8:47 am ] (ii) Who are lineal descendants of Association; and members of the Snohomish Tribe, of the (iv) Has successfully completed a Upper Skagit Tribe, including the allied qualifying examination as prescribed by Suiattle-Sauk Band, and of the Sno­ the American Physical Therapy Associa­ Title 25— INDIANS qualmie, and Skykomish Tribes, as they tion. were constituted in 1855: Provided, That Chapter I— Bureau of Indian Affairs, no person shall be enrolled as a descend­ [FR Doc.71-14429 Filed 9-30-71;8:47 am] Department of the Interior ant of the Snohomish Tribe if he has shared or is eligible as of the date his SUBCHAPTER F— ENROLLMENT eligibility for Snohomish is determined PART 41— PREPARATION OF ROLLS to share in a per capita distribution Title 21— FOOD AND DRUGS OF INDIANS against the United States recovered by Chapter III— Environmental any other tribe. Protection Agency Qualifications for Enrollment and the (2) Applications for enrollment must Deadline for Filing Applications be filed with the Superintendent, West­ PART 420— TOLERANCES AND EX­ S e pte m b e r 23, 1971. ern Washington Agency, Bureau of In ­ EMPTIONS FROM TOLERANCES FOR dian Affairs, 3006 Colby Avenue, Everett, PESTICIDE CHEMICALS IN OR ON This notice is published in the exercise W A 98201, and must be postmarked on of rule making authority delegated by or before midnight on April 23, 1972. RAW AGRICULTURAL COMMODI­ the Secretary of the Interior to the Com­ TIES missioner of Indian Affairs by 230 DM 2 J o h n O. C r o w , Dinitro-o-Cydohexylphenol and Its (32 FJt. 13938). The authority to issue Acting Commissioner. regulations on Indian affairs is vested in [FR Doc.71-14408 Filed 9-30-71;8:47 am] Dicyclohexylamine Salt the Secretary of the Interior by sections A notice was published by the Environ­ 161, 463, and 465 of the Revised Statutes mental Protection Agency in the F ederal (5 U.S.C. 301, 25 U.S.C. 2 and 9). R egister of June 29,1971 (36 F.R. 12240), Subchapter F, Chapter I, Title 25 of the Title 26— INTERNAL REVENUE proposing to revoke the residue tolerances Code of Federal Regulations is amended for the subject pesticides. No comments by the revision of § 41.3. The revi­ Chapter I— Internal Revenue Service, or requests for referral to an advisory sion of § 41.3 is made incident to the Department of the Treasury committee were received. preparatioh of rolls of persons entitled [T.D. 7137] It is concluded that the proposal should to share in the funds appropriated be adopted. to pay a judgment in favor of the Sno­ PART 1— INCOME TAX; TAXABLE Therefore, pursuant to provisions of homish, Upper Skagit, Snoqualmie, and YEARS BEGINNING AFTER DECEM­ the Federal Food, Drug, and .Cosmetic Skykomish Tribes as authorized by the BER 31, 1953 Act (sec. 408 (e ), (m ), 68 Stat. 514, 517; Act of June 23, 1971 (85 Stat. 83). % 21 U.S.C. 346a (e), (m)), the authority Since this revision imposes a deadline Amortization of Certain Coal Mine transferred to the Administrator (35 F.R. for filing enrollment applications, ad­ Safety Equipment; Correction vance notice and public procedure 15623), and the authority delegated by In F.R. Doc. 71-11550 appearing at the Administrator to the Deputy Assist­ thereon would curtail the filing period and are deemed contrary to the public page 14732 in the issue of Wednesday, ant Administrator for Pesticides Pro­ August 11,1971, the letter “ (a)” appear­ grams of the Environmental Protection interest. Therefore, advance notice and public procedure are dispensed with un­ ing in the second line of subparagraph Agency (36 F.R. 9038), Part 420 is (2) i n i 1.187-2(a) should read “ (c )” . amended by revoking § 420.143 Dicyclo— der the exception provided in subsection hexylamine salt of dinitro-o-cyclohexyl- (b) (B) of 5 U.S.C. 553 (1970). J a m e s F . D r in g , phenol; tolerances for residues and Since this revision imposes a deadline Director, Legislation and § 420.155 Dinitro-o-cyclohexylphenol; for filing enrollment applications, the 30- Regulations Division. tolerance for residues. day deferred effective date would shorten [FR Doc.71-14450 Filed 9-30-71;8:49 am] Any person who will be adversely af­ the amount of time applicants could fected by the foregoing order may at any apply and may result in some eligible In ­ time within 30 days after its date of pub­ dians not receiving benefits. Therefore, [T.D. 7144] lication in the F ederal R eg ister lile with the 30-day deferred effective date is dis­ PART 147— TEMPORARY REGULA­ pensed with under the exception provided the objections Clerk, Environmental Pro­ TIONS UNDER THE INTEREST tection Agency, 1626 K Street NW „ in subsection (d) (3) of 5 U.S.C. 553 Washington, DC 20460, written objec­ (1970). Accordingly, this revision will be­ EQUALIZATION TAX ACT tions thereto in quintuplícate. Objections come effective upon the date of publica­ Election To Subject Certain Debt tion in the F ederal R eg ist e r (10-1-71). shall show wherein the person filing will Obligations to Tax be adversely affected by the order and Section 41.3 is amended by adding a specify with particularity the provisions new paragraph designated (o) to estab­ In order to prescribe regulations sim­ of the order deemed objectionable and lish requirements for enrollment and a plifying existing procedures for certain

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19252 RULES AND REGULATIONS

domestic corporations and partnerships spect to debt obligations for which an short-term debt obligations, an informa­ to elect to have certain, debt obligations, election is being made shall be, for debt tion report for each calendar quarter in having a maturity of less than 1 year, obligations described in paragraph (a) which short-term debt obligations may subject to the Interest Equalization Tax (2) of this section, the date on which be issued pursuant to the election under under subsection (c) of section 4912, as such election is filed, and for debt ob­ this section, setting forth the following amended by the Interest Equalization ligations specified in paragraph (b) (3) information: Tax Extension Act of 1971, § 147.10-1 of of this section, the date on which such (i) A reference to the election in con­ the Temporary Regulations under the debt obligations are assumed. nection with which the information re­ Interest Equalization Tax Act (26 CFR (3) Information to be furnished. The. port is being filed, including the name, 147) is amended as follows : statement of election shall contain the address, employer identification number, Paragraph (b) of § 147.10-1 is amended following information: and principal place of business of the by revising subparagraph ( 1) and by (i) The name, address, employer iden­ corporation or partnership making the adding a new subparagraph (4) and tification number, and principal place of election, the effective date of the election, paragraph (c) of § 147.10-1 is amended business of the corporation or partner­ and the designation by which such par­ by revising subparagraphs (2) and (3) ship making the election; ticular class or series of short-term debt and by adding a new subparagraph (4). (ii) The total face amount of the obligations is separately identifiable; The revised and added provisions read as class or series of debt obligations which (ii) The maximum total face amount follows : is to be subject to the election, as well as of the class or series of short-term debt the date of maturity of such debt obliga­ § 147.10—1 Election to treat certain debt obligations subject to the election which tions, and their date or dates of issuance, the issuer anticipates (as of the time obligations as subject to tax. issue price, interest rate, original issue a|e * * * * the report is filed) will be outstanding discount (if any), designation by which at any one time; (b) Definitions— (1) Issue. For pur­ separately identifiable, and a brief de­ (iii) The total face amount of the poses of this section, debt obligations (in­ scription of such debt obligations in­ cluding a single instrument) will be cluding whether they are convertible into short-term debt obligations of such class treated as constituting an issue if they or exchangeable for stock, and, if so, the or series outstanding on the last day of the quarter; and comprise a separately identifiable class type of stock into which or for which the or series of bonds, debentures, or other debt obligations can be converted or ex­ (iv) The face amount of each of the debt obligations. For purposes of this sec­ changed and the earliest date on which short-term debt obligations of such class tion, debt obligations shall constitute a such conversion or exchange privilege or series issued during the preceding separately identifiable class or series if may be exercised; calendar quarter, as well as their date or dates of maturity,' date or dates of is­ each instrument evidencing such obliga­ (iii) A statement that all instruments suance, issue price or prices, interest rate tions contains a clear, uniform designa­ evidencing the debt obligations subject tion of the class or series which distin­ or rates, and original issue discount (if to the election have an indication or en­ any). guishes such obligations from all other dorsement of taxability which meets the debt obligations. requirements of paragraph (d) of this The quarterly information report shall * sis * * • * section. be filed with the Commissioner of In­ ternal Revenue, Attention: CP:A:0, (4) Short-term debt obligations. ForIn the case of obligations described in purposes of this section, short-term debt paragraph (a) (2) and (b) (3) of this sec­ Washington, D.C. 20224, on or before the obligations are debt obligations having a tion, the foregoing information (if appli­ last day of the month following the close maturity when issued of less than 1 year. of each calendar quarter for which a cable) shall be provided with respect to report is required. * * * # * the debt obligations subject to an elec­ tion both as of the time of their initial Because of the need for immediate (c) Time and manner of making elec­ guidance with respect to the provisions tion. * * * issuance and at the time the election is made. contained in this Treasury decision, it is (2) Manner of election. An election (4) Special rules for short-term debt found impracticable to issue it with notice and public procedure thereon under this section shall be made by filing obligations. An election under this sec­ a statement of election containing the under subsection (b) of section 553 of tion may be made with respect to a class information required in subparagraph Title 5 of the United States Code or or series of short-term debt obligations (3) of this paragraph together with a subject to the effective date limitation of to be issued at' times, in face amounts, sample of the instruments evidencing subsection (d) of that section. with maturity dates, interest rates, and .the debt obligations to be subject to the original issue discount (if any) to be de­ (Sec. 7805, Internal Revenue Code of 1954, election (with an indication or endorse-, termined by the issuer after the effective 68A Stat. 917; 26 U.S.C. 7805) ment of taxability as provided in para­ date of his election. Such election shall graph (d) of this section) with the [ seal] Johnnie M. W alters, be effective for all of the short-term debt Commissioner of Internal Revenue, Commissioner of Internal Revenue. obligations of such class or series which Attention: CP:A:0, Washington, D.C. are issued within 12 months of the effec­ Aproved: September 28,1971. 20224. (See, however, subparagraph tive date of such election. The statement (4) of this paragraph for special rules Ed w in S. Cohen, of election with respect to such short­ with respect to the statement of election Assistant Secretary term debt obligations shall contain the of the Treasury. and quarterly information reports for information required to be furnished short-term debt obligations.) The state­ under subparagraph (3) of this para­ [PR Doc.71-14449 Filed 9-30-71;8:49 am] ment shall indicate that a section 4912 graph, except that such statement need (c) election is being made, and shall be not list with respect to such debt obli­ signed by an individual authorized to gations the total face amount of the class sign Federal income tax returns of the or series of such debt obligations which Title 38— PENSIONS, BONUSES, electing person. The election shall be is to be subject to the election, their date deemed to be made at the time it is filed or dates of maturity, their date or dates AND VETERANS' RELIEF - with the Commissioner and shall be ef­ of issuance, issue price or prices, interest Chapter I— Veterans Administration fective with respect to debt obligations rate or rates, or original issue discount which are part of a new or original issue (if any). The issuer shall specify in his PART 21— VOCATIONAL (other than an issue described in para­ statement of election the maximum total REHABILITATION AND EDUCATION graph (b) (3) of this section) as of the face amount of the class or series of date on which interest begins to accrue short-term debt obligations subject to Subpart A— Vocational Rehabilitation on the debt obligations for which such the election which he anticipates will be Under 38 U.S.C. Ch. 31 election is being made, but in no event outstanding at any one time. In addition shall such effective date be later than to the statement of election required Subsistence A llowance the date on which such debt obligations under this section, there shall be filed, This amendment specifies that the are issued. The effective date with re ­ with respect to each class or series of prohibition of payment of additional vo-

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 RULES AND REGULATIONS 19253 cational rehabilitation subsistence allowance for more than two dependents is appli­ 2. By adding to paragraph (a) of cable only to those veterans eligible to receive additional disability compensation § 45.05-15 the following: because of dependents. § 45.05—15 Lines to be used in connec­ Section 21.133 is revised to read as follows: tion with the diamond. * §21.133 Rates. (a) * * * When the Separation between Subsistence allowance is payable for periods commencing oh and after Feb­ the intermediate and winter load lines ruary 1,1970, at the following monthly rates: for steamers over 400 feet in length is insufficient to allow two separate marks to be clearly drawn and distinguished, Monthly rate'oi subsistence allowance the winter load line may extend from the Type of training No One Two For each vertical line toward the diamond. dependent dependent dependents additional dependent * * * * * * (Sec. 2, 49 Stat. 888, as amended, sec. 6 (b) (1 ), 80 Stat. 937; 46 U.S.C. 88a, 49 U.S.C. Institutional: 1655(b)(1); 49 CFR 1.46(b)) Full-time....___...... $135 $181 $210 $6 H-.-...... 98 133 156 None Effective dute. This amendment is ef­ Yi, time____ -...... — ...... ——-----— ------67 91 102 None fective on October 31, 1971. Institutional on-farm (IOF), apprentice or other on-job (OJT)2 (full time only)_____ «______118 153 181 6 Dated: September 24, 1971. Combination (institutional and OJT) (Full time only): 135 181 210 6 Institutional Y time or more______- ______- T. R . S a r g e n t , Institutional less than Yi time— ___...... ---- 118 153 181 6 Cooperative (Full time only): Vice Admiral. U.S. Coast Guard, Institutional full time______....___ ...... 135 181 210 6 Acting Commandant. Business/industry full time______118 153 181 6 [FR Doc.71-14465 Filed 9-30-71;8:50 am] 1 $6 will be added for each dependent over 2, except for the veteran receiving additional compensation because of dependents under 38 U.S.C. 315 or 335 (38 U.S.C. 1504(b))...... 2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, Chapter II— Maritime Administration, exclusive of overtime, and the entrance journeyman wage for the veteran’s objective. Department of Commerce (72 Stat. 1114; 38 U.S.C. 210) tions. The Coast Guard however feels compelled to adopt its proposed rule be­ SUBCHAPTER J— MISCELLANEOUS This VA regulation effective the date cause of an understanding reached by [General Order 103, Amdt. 2] of approval. the Working Group of the United States/ Approved: September 27,1971. Canadian Joint Technical Committee for PART 381-— CARGO PREFERENCE— U.S.-FLAG VESSELS By direction of the Administrator. Great Lakes Load Lines. The proposal is, however, modified to Fix American-Flag Tonnage First [ seal] F red B. R h o d e s , allow the winter load line to be marked Deputy Administrator. on the vessel so that it extends from the In F.R. Doc. 71-3716 appearing in the [FR Doc.71-14435 Filed 9-30-71;8:48 am] „ vertical line toward the diamond. This F ederal R eg ist e r , issue of March 17, change is made so that the intermediate 1971 (36 F.R. 5052), notice was given and winter load line marks may be dis­ that, pursuant to section 27 of the Mer­ tinguished. The Coast Guard finds that chant Marine Act of 1970, Public Law Title 46— SHIPPING notice and public proceedings on this 91-469, the Assistant Secretary of Com­ change are impractical and contrary to merce for Maritime Affairs had under Chapter I— Coast Guard, Department the public interest. The basis for this consideration the promulgation of regu­ of Transportation determination is the need to have the lations to be followed by all departments SUBCHAPTER E— LOAD LINES \ regulation in effect before the Great and agencies having responsibility under Lakes’ winter season begins on Novem­ the Cargo Preference Act of 1954,‘ sec­ [OGFR 71-99] ber 1. - tion 901(b) of the Merchant Marine Act, PART 45— MERCHANT VESSELS WHEN The Coast Guard is considering estab­ 1936, as amended (46 U.S.C. 1241(b) ), in ENGAGED IN A VOYAGE ON THE lishing only two seasonal load lines for the administration of their programs GREAT LAKES the larger vessels on the Great Lakes. with respect to the Act, to insure a fair The experience gained from this rule will and reasonable participation by U.S.- Winter Freeboard be used in that determination. flag commercial vessels in full ship loads Accordingly, Part 45 of Title 46, Code of cargoes subject to the Act. This amendment reduces the required of Federal Regulations is amended as Interested persons were given an op­ winter freeboard in the load line regu­ follows: portunity to participate in the proposed lations for steamers over 440 feet in 1. By revising the heading and para­rule making through the submission of length on a Great Lakes voyage. graph (a) of § 45.15-100 to read as comments. Pursuant to the notice, a Interested persons were afforded an follows: number of comments have been received opportunity to participate in the making from Federal agencies, steamship lines, of this rule. This amendment was pub­ § 45.15—100 Reduced basic minimum freeboards for steamers on Great and other interested persons, and due lished in the F ederal R egister as a no­ Lakes voyages. consideration has been given to all rele­ tice of proposed rule making (CGFR vant material presented. 71-82) on August 18, 1971 (36 F.R. (a) A reduced freeboard may be com­ A majority of the comments expressed 15761). puted for each steamer over 440 feet in agreement with the purpose of the pro­ While there was favorable response to length on a Great Lakes voyage for the posed regulation to assure a fair and rea­ the proposed lowering of winter free­ summer, midsummer and intermediate sonable participation by U.S.-flag vessels boards, two persons submitting com­ season using the lesser tabular values in full shiploads of preference cargoes. ments recommended using the same fac­ prescribed by Table 45.15-100(a) and for Some suggested that it was not clear tor for winter freeboards that is pres­ the winter season, using a factor of 0.50 whether the proposed rule operated sepa­ ently used for intermediate freeboards. in the formula prescribed by § 45.15-95 rately for cargoes shipped under each One of the comments pointed out that if the vessel complies with— purchase authorization, under each the difference between the intermediate (1) The conditions of assignment pre­ country agreement, or for all cargoes and winter freeboard under the proposal scribed by Subpart 45.10; and shipped under title I of Public Law 480 for a 550-foot vessel with a summer (2) The additional requirements pre­ during the entire year. Others pointed draft of 25 feet would be only 1 inches. scribed by paragraph (b) of this section. out that in some cases there were valid Another comment made similar observa­ reasons for fixing a foreign-flag vessel

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 No. 191---- 3 19254 RULES AND REGULATIONS

first. Some commented that the words § 553.35 of Title 49, Code of Federal arguments, and has conducted a series of “fixed” and “fixture” were insufficient to Regulations, requesting reconsideration vehicle tests according to the procedures make it clear that the rule applied only of Motor Vehicle Safety Standard No. of the standard. These tests have demon­ to full shiploads. 208,.Occupant Crash Protection, 49 CFR strated a high degree of repeatability in In view of the comments received, the 571.21, published on March 10, 1971 vehicle behavior. Occupant ejection in proposed regulation has been revised to (36*F.R. 4600). rollover accidents, and the retention of make it clear that it applies only to full The petitions covered by this notice occupants in rollovers is a major element shiploads of preference cargoes com­ deal with the passive restraint require­ in effective crash protection. The peti­ puted by purchase authorization or other ments, and with the restraint options tions to delete the rollover test from the quantitative unit satisfactory to the available after August 15, 1973. Petitions standard are therefore denied. agency involved and the Maritime Ad­ relating to seat belts and seat belt warn­ Some petitions objected to the require­ ministration. Provision has also been ing systems ;were answered in a notice ment for barrier tests at “any angle up made for exceptions to be made to the published in the F ederal R e g ister on to 30° in either direction from the per­ rule where the agency involved deter­ July 8, 1971 (36 F.R. 12858). Each re­ pendicular.” The NHTSA is -aware that mines with the concurrence of the Mari­ quest contained in the petitions has been such an all-angles test may be more de­ time Administration that (a) U.S.-flag evaluated. Particular requests relative to manding than a test that arbitrarily vessels are not available at fair and rea­ the March 10, 1971, rule not expressly selects two angles, such as 15° and 30°. sonable rates for U.S.-flag commercial mentioned in this notice or in the notice Manufacturers are free, however, to limit vessels, or (b) that there is a substan­ of July 8 have been denied. their testing to the “worst case.” Since tially valid reason for fixing foreign-flag To avoid possible confusion as to the accidents occur at all angles, it is con­ vessels first.. number of test devices to "be used in a sidered important that vehicles be capa­ In consideration of the foregoing, Part test, the NHTSA is amending S5.1 at the ble of meeting the protection require­ 381, Title 46, Chapter II, Code of Federal request of American Motor^and Gen­ ments at any angle within the prescribed Regulations, is hereby amended by add­ eral Motors to indicate more clearly limits. ing a new section reading as follows: that test devices are to be placed at all The lateral moving barrier test was § 381.5 Fix American-flag tonnage first. seating positions unless a lesser number also objected to by several petitioners, is prescribed in S4. particularly by manufacturers of smaller Each department or agency having re­ Several petitioners sought amendment vehicles who consider the 4,000-pound sponsibility under the Cargo Preference of the readiness indicator requirement in weight of the barrier to be excessive. The Act of 1954 shall cause each full ship­ S4.5.2 to limit the components of a de­ lateral moving barrier test is included in load of cargo subject to said act to be ployable system that must be monitored. the standard because of the dispropor­ fixed on U.S.-flag vessels prior to any fix­ tionately high number of serious injuries ture on foreign-flag vessels for at least In particular, it was stated that the in­ tegrity of a pressure vessel could be suffered in side impacts. The weight of that portion of all preference cargoes re­ diminished by a pressure gauge, and the barrier was chosen to represent the quired by that Act to be shipped on U.S.- that the reliability of electrically acti­ average weight of domestic passenger flag vessels, computed by purchase au­ vated explosive release devices would be cars, the vehicles most likely to strike the thorization or other quantitative unit impaired if the activating wire had to side.of a vehicle, regardless of the im­ satisfactory to the agency involved and be monitored. To permit manufacturers pacted vehicle’s size. The requirement is the Maritime Administration, except to avoid designs that are prone to de­ retained. where such department or agency de­ terioration, the requirement has been The use of the Severity Index of 1000 termines, with the concurrence of the amended by omitting specific reference as the criterion for head injury was ob­ Maritime Administration, that (a) U.S.- to compressed gases and electrical jected to as too stringent, and a more flag vessels are not available at fair and circuits. lenient index requested. Considering the reasonable rates for U.S.-flag commercial Several petitions requested changes present state of the art in head injury vessels, or (b) that there is a substan­ with respect to the weight at which measurement, it has been determined tially valid reason for fixing foreign-flag a multipurpose passenger vehicle, truck, that a Severity Index of 1000 is the most vessels first. or bus is to be tested. It was stated that acceptable criterion at this time, and it the half-loaded weight specified in the has therefore been retained. In a related Effective date. These regulations shall standard was unrepresentative of the objection, Chrysler stated that the 1000- become effective as of November 1, 1971. weights of vehicles involved in crashes, Hz channel class requirement for accel­ (Sec. 204, 49 Sta/t. 1987, as amended, 46 U.S.C. and that it placed an unreasonably severe erometers in the head was too high. In 1114) strain on the vehicle. On consideration the judgment of the NHTSA, however, the 1000-Hz channel class specification Dated: September 28,1971. of the data and arguments presented, it has been determined that a reduction ^s incorporated in SAE J211 represents By order of the Assistant Secretary of in the loading of these vehicles is appro­ an acceptable level of instrument sensi­ Commerce for Maritime Affairs. priate. The required vehicle weight is tivity. The requirement has therefore been retained. James S. D awson, Jr., accordingly reduced to 300 pounds plus Secretary, the weight of the necessary anthropo­ In the context of the petitions regard­ Maritime Administration. morphic test devices. It should be noted ing the rollover requirements, it was sug­ that instrumentation is to be included gested that the requirement of S6.1 that [FR Doc.71-14475 Filed 9-30-71;8:50 am] as part of the 300 pounds. all portions of the test device be con­ With regard to the placement of test tained within the passenger compart­ devices in the vehicle, it was pointed out ment during the test was unnecessarily that the specified position of the driver’s stringent. In retaining this requirement Title 49— TRANSPORTATION right foot often produced an unnatu­ the NHTSA intends to require a sub­ rally awkward result and that the posi­ stantial degree of passenger compart­ Chapter V— National Highway Traf­ ment integrity in all types of accidents. fic Safety Administration, Depart­ tioning might be achieved in some cases only by sacrificing some portion of under­ The test condition that specifies windows ment of Transportation dash padding. In response to these points, to be in the up position is retained to [Docket No. 69-7; Notice 12] the positioning requirement is amended restrict random excursions of test de­ to permit more natural placement, with vices, and to provide for consistency in PART 571— FEDERAL MOTOR VEHICLE the foot in contact with the undepressed the evaluation of test results. SAFETY STANDARDS accelerator pedal. General Motors noted in its petition The petitions included several objec­ that there are a. large number of State Occupant Crash Protection for Passen­ and local laws concerning the shipment, ger Cars, Multipurpose Passenger tions to the requirements for rollover testing. It was argued that the test did storage, and use of pressurized cylinders Vehicles, Trucks, and Buses not produce repeatable results with re­ and explosive devices that might be used The purpose of this notice is to re­ spect to vehicle behavior. The NHTSA in air bag systems. Many of these laws are at variance with the regulations oi spond to petitions filed pursuant to has given serious consideration to these FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 RULES AND REGULATIONS 19255 the Department of Transportation’s specifications, and show compliance with In consideration of the foregoing, Hazardous Materials Regulations Board the standard, and that differences in re­ Motor Vehicle Safety Standard No. 208, governing these materials (found in sults from tests conducted by the agency Occupant Crash Protection, in § 571.21 Chapter 1, Subtitle B, of Title 49, Code are due to differences in the test dummies of Title 49, Code of Federal Regulations of Federal Regulations) . I f these State used by each, the agency tests will not is amended as follows: and local laws were to be applied to be considered to be the basis for a find­ 1. S4.5.2 is amended to read as fol­ equipment that is part of a large propor­ ing of noncompliance. lows: tion of the new passenger cars in this A number of the petitioners sought a S4.5.2 Readiness indicator. An oc­ country, the distribution, sale, use, and delay in the effective dates of the cupant protection system that deploys in maintenance of those vehicles could be standard, particularly the August 15, the event of a crash shall have a moni­ seriously hindered. General Motors sug­ 1973, date which passenger cars are re­ toring system with a readiness indicator. gested that the Federal regulations gov­ quired to provide at least head-on pro­ The indicator shall monitor its own erning these materials be incorporated tection for front-seat occupants by readiness and shall be clearly visible into the requirements of Standard No. means that require no occupant action. from the driver’s designated seating 208, thus preempting all State and local Several vehicle manufacturers argued position. A list of the elements of the requirements (i.e., requiring them to be that further time is needed to prepare system being monitored by the indicator identical) under section 103(d) of the for the introduction of passive restraint shall be included with the information National Traffic and Motor Vehicle systems in all passenger car lines. They furnished in accordance with S4.5.1 but Safety Act, 15 U.S.C. 1392(d). The pointed out that much of their effort need not be included on the label. NHTSA recognizes this problem, and is during the past year has been spent re­ 2. S5.1 is amended to read as follows: considering various methods of solving fining and testing the design of these systems in order to ensure satisfactory S5.1 Frontal barrier crash. When the it, in consultation with other concerned vehicle, traveling longitudinally forward agencies. No regulatory action to that performance under the most adverse conditions that may be encountered by at any speed up to and including 30 end is taken in this notice, but some such' m.p.h., impacts a fixed collision barrier action is anticipated in the near future. vehicles in use. Mandatory introduction of passive restraints in all passenger cars that is perpendicular to the line of travel Several petitioners noted that the re­ of the vehicle, or at any angle up to 30° quirements for anthropomorphic test by the August 15, 1973, date, it was argued, would impose severe financial in either direction from the perpendic­ devices specified in the standard, mainly ular to the line of travel of the vehicle, those set forth in SAE Recommended hardships, because of the difficulties that would be encountered in obtaining tools, under the applicable conditions of S8, Practice J963, do not completely define with anthropomorphic test devices at all the characteristics of the dummies setting up production-lines, and work­ ing out the inevitable production and each designated seating position except that may be relevant to their (and the as otherwise prescribed in S4, it shall vehicle’s) performance in a crash test. quality-control problems for all their vehicles simultaneously, contrary to the meet the injury criteria of S6. The NHTSA considers the comment * ♦. ♦ ♦ * valid. It would actually be difficult, if normal practice in the industry. not impossible, to describe the test It has been determined that these 3. S8.1.1(b) is amended to read as dummy in performance terms with such petitions have some merit. Materials follows : specificity that every dummy that could submitted to the docket concerning the S8.1.1(b) Multipurpose passenger ve­ be built to the specifications would per­ state of passive restraint development hicles, trucks, and buses. A multipurpose form identically under similar condi­ indicate that systems now available' will passenger vehicle, truck, or bus is loaded tions. O f course, since the dummy is meet the requirements of Standard 208 to its unloaded vehicle weight plus 300 merely a test instrument and not an item for passive frontal crash protection, and pounds or its rated cargo and luggage of regulated equipment, it is not neces­ perform satisfactorily in other respects. capacity weight, whichever is less, se­ sary to describe it in performance terms; It does not now appear, however, that cured in the load carrying area and dis­ its design could legally be “ frozen” by tooling and production leadtimes will tributed as nearly as possible in propor­ detailed, blueprint-type drawings and permit manufacturers to make large- tion to its gross axle weight ratings, plus complete equipment specifications. Such scale introductions of passive systems the weight of the necessary anthropo­ an action does not, however, appear to be before the fall of 1973. This agency is morphic test devices. aware of the extreme dislocations, and desirable at this time. Considerable de­ * * * * * velopment work is in process under the attendant financial hardships, that various auspices to refine the dynamic would be caused by requiring the world 4. S8.1.13 is amended to read as fol­ characteristics of anthropomorphic de­ industry (to the extent of the vehicles lows: vices,- to determine which designs are sold in this country) to introduce major S8.1.13 The hands of the test device most practicable, offer the most useful new systems in substantially all their in the driver’s designated seating posi­ results, and best simulate the critical passenger cars at the same time. tion are on the steering wheel rim at the For these reasons, it has been deter­ characteristics of the human body. The horizontal centerline. The right foot NHTSA is monitoring this work (and mined that manufacturers should be al­ sponsoring some of it), and intends to lowed additional time to introduce pas­ rests on the undepressed accelerator propose amendments of the standard in sive protection systems. To that end, a pedal, with the heel in contact with the accordance with it to add more detailed notice of proposed rulemaking is pub­ point where the centerline of the upper performance and descriptive specifica­ lished in this issue of the F ederal R egis­ surface of the undepressed accelerator tions for the test dummies, although no ter that would allow manufacturers of pedal intersects the upper surface of the passenger cars the option of installing changes are being made in that respect floor covering. The left leg is placed as in by this notice. seat belt systems with ignition inter­ In the meantime. it should be under­ locks for the period up to August 15, S8.1.14. stood that the NHTSA does not intend 1975. It is expected that 'this added * * * * * that a manufacturer’s status with respect leadtime will enable manufacturers to Effective dates: January 1, 1972, with to compliance will be jeopardized by pos­ institute an orderly, phased introduction additional requirements effective at later sible variances in test dummies permitted of passive systems into their vehicles, in­ dates, as indicated in the text of the rule by the present set of specifications. In stalling such systems in their various car published March 10, 1971 (36 F.R. 4600). the agency’s judgment, a test dummy lines, to the extent feasible, in advance (Secs. 103, 108, 112, 114, 119, National Traffic that conforms to the specifications in­ of that date. and Motor Vehicle Safety Act, U.S.C. 1392, corporated by the standard is an ade­ The July 8 notice indicated that the 1397, 1401, 1403, 1407, delegation of author­ ity at 49 C!FR 1.51) quate test tool for determining the basic. standard would be republished in its en­ safety characteristics of a vehicle. If the tirety upon publication of today’s action. Issued on September 29, 1971. NHTSA concludes after investigation This has not been done, because of the D ouglas W. T oms, that a manufacturer’s tests are properly limited number of amendments made by Administrator. conducted, with dummies meeting the this notice. [FR Doc.71-14487 Filed 9-30-71:8:50 am ]

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19256 Proposed Rule Making

by November 30, 1971. In such case, a respect to the waste or residue of prior DEPARTMENT OF THE TREASURY public hearing will be held, and notice mining. Internal Revenue Service of the time, place, and date will be pub­ * ♦ 4c * * lished in a subsequent issue of the F ed­ Par. 2. Section 1.482-2 is amended by [ 26 CFR Part 1 1 eral R e g ist e r . The proposed regulations are to be issued under the authority con­ revising subdivision (ii) of paragraph INCOME TAX tained in sections 611(a) and 7805 of the (e) ( 1) thereof, and by adding a new sub­ division (v) to paragraph (e)(1). These Percentage Depletion; Gross Income Internal Revenue Code of 1954 (68A Stat. 207, 917; 26 U.S.C. 611(a), 7805). amended and added provisions read as From Property in Case of Minerals follows: Other Than Oil and Gas [ s e a l ] W il l ia m H . L oeb, Acting Commissioner § 1.482—2 Determination o f taxable in­ come in specific situations. On July 26, 1968, Treasury Decision of Internal Revenue. 6965 amending the Income Tax Regula­ j *, * * * 4c 4: tions under sections 611 and 613 was The following regulations are hereby (e) Sales of tangible property— (1) In prescribed to amend the sections indi­ published in the F ederal R e g ister (33 general. * * * F.R. 10692). Also, on July 26, 1968, pro­ cated herein of the Income Tax Regula­ tions under sections 381, 482, 611, 613, (ii) Subparagraphs (2), (3), and (4) posed amendments to the regulations un­ of this paragraph describe three methods der sections 482 and 613 were published and 614 of the Internal Revenue Code of 1954. Except as otherwise provided, such of determining an arm’s-length price and in the F ederal R eg ister (33 F.R. 10700). regulations are applicable for taxable the standards for applying each method. Certain portions of these proposed They are, respectively, the comparable amendments were withdrawn and revi­ years beginning after December 31, 1953, and ending after August 16, 1954. With uncontrolled price method, the resale sions were proposed in a notice of pro­ price method, and the cost-plus method. posed rule making published on Octo­ respect to taxable years beginning after December 31, 1960, the regulations pre­ In addition, a special rule ip provided in ber 2, 1968 (33 F.R. 14707). A discussion subdivision (v) of this subparagraph for draft was published on March 27, 1969 scribed herein give effect to certain of the amendments made by section 302(b) of use (notwithstanding any other provi­ (34 F.R. 5728), containing further revi­ sion of this subdivision) in determining sions of the proposed amendments and of the Public Debt and Tax Rate Extension Act of 1960 (Public Law 86-564, 74 Stat. an arm’s-length price for an ore or min­ the amendments promulgated in Treas­ eral. I f there are comparable uncon­ ury Decision 6965. 291). With respect to taxable years be­ ginning after October 9, 1969, in the case trolled sales as defined in subparagraph After consideration of all such relevant of minerals extracted from a saline per­ (2) of this paragraph, the comparable matter as was presented by interested ennial lake, and with respect to taxable uncontrolled price method must be uti­ parties concerning the various provisions years beginning after December 30, 1969, lized because it is the method likely to in questioh, and after evaluation and re­ in tl^e case of oil shale, the regulations result in the most accurate estimate of view of the significant changes in posi­ prescribed herein give effect to certain of an arm’s-length price (for the reason tion represented by the various docu­ the amendments made by sections 501 that it is based upon the price actually ments described above, notice is hereby and 502 of the Tax Reform Act of 1969 paid by unrelated parties for the same or given that the proposed regulations re­ (Public Law 91-172, 83 Stat. 629, 630). similar products). I f there are no com­ ferred to above are withdrawn. Further, parable uncontrolled sales, then the re­ notice is hereby given that the regula­ P aragraph 1. Section 1.381(c) (18)-1 is sale price method must be utilized if the tions set forth in tentative form in the amended by revising paragraph (a) standards for its application are met be­ attached appendix are proposed to be thereof to read as follows: cause it is the method likely to result in prescribed by the Commissioner of In ­ § 1.381 ( c ) ( 1 8 ) - l Depletion on ex­ the next most accurate estimate in such ternal Revenue, with the approval of the traction o f ores or minerals from the instances (for the reason that, in such Secretary of the Treasury or his delegate. waste or residue o f prior mining. instances, the arm’s-length price deter­ Prior to the final adoption of the regu­ (a) Carryover requirement. Sectionmined under such method is based more lations set forth below, consideration will 381(c) (18) provides that the acquiring directly upon actual arm’s-length trans­ be given to any comments or suggestions corporation in a transaction described in actions than is the cost-plus method). pertaining thereto which are submitted in section 381(a) shall be considered as A typical situation where the resale price writing, preferably in quintuplicate, to though it were the distributor or trans­ method may be required is where a the Commissioner of Internal Revenue, feror corporation after the date of dis­ manufacturer sells products to a related Attention: CC:LR:T, Washington, D.C. tribution or transfer for the purpose of . distributor which, without further proc­ 20224, by November 30, 1971. In prepar­ determining the applicability of section essing, resells the products in uncon­ ing and 'submitting such comments, it 613(c) (3) (relating to extraction of ores trolled transactions. I f all the standards will not be necessary to repeat previous or minerals from the ground). Thus, an for the mandatory application of the re­ comments, that have been submitted on acquiring corporation which has ac­ sale price method are not satisfied, then, the same'or similar provisions that were quired the waste or residue of prior min­ as provided in subparagraph (3) (iii) of contained in the publications referred to ing from a distributor or transferor cor­ this paragraph, either that method or above because all previous comments that poration in a transaction described in the cost-plus method may be used, de­ have been made will be considered in the section 381(a) shall be entitled, after the pending upon which method is more formulation of the final form of these date of distribution or transfer, to an feasible and is likely to result in a more provisions. Any written comments or sug­ allowance for déplétion under section 611 accurate estimate of an arm’s-length gestions not specifically ^designated as in respect of ores or minerals extracted price. A typical situation where the cost- confidential in accordance with 26 CFR from such waste or residue if the dis­ plus method may be appropriate, is. where 601.601(b) may be inspected by any per­ tributor or transferor corporation would a manufacturer sells products to a re­ son upon written request. Any person have been entitled to such an allowance lated entity which performs substantial submitting written comments or sugges­ for depletion in the absence of the dis­ manufacturing, assembly, or other proc­ essing of the product or adds significant tions who desires an opportunity to com­ tribution or transfer. See paragraph (f) value by reason of its utilization of its ment orally at a public hearing on these of § 1.613-4 to determine whether a dis- , intangible property prior to resale in un­ proposed regulations should submit his tributor or transferor corporation is en­ controlled transactions. request, in writing, to the Commissioner titled to an allowance for depletion with I . 11 : St

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 PROPOSED RULE MAKING 19257

(v) The price for a mineral product paragraph (2) of this paragraph) the or others, the dollar figure or amount which is sold at the stage at which min­ actual amount for which the ore or min­ which most nearly represents the ap­ ing or extraction ends shall be deter­ eral is sold if the taxpayer sells the ore or proximate price at which the taxpayer, mined under the provisions of §§ 1.613-3 mineral— in light of market conditions, could have and 1.613-4. (i) As it emerges from the mine, prior sold his ores or minerals if, prior to the * * * * * to the application of any process other application of nonmining processes, the than a mining process or any transporta­ taxpayer had sold the quantities and Par. 3. Section 1.611-2 is amended by tion, or types of ores and minerals to which he revising paragraph (g)(4) thereof to applied nonmining processes. If it is pos­ read as follows: (ii) After application of only mining processes, including mining transporta­ sible to determine a market or field price § 1.611—2 Rules applicable to mines, tion, and before any nonmining trans­ under the provisions of this paragraph, oil and gas wells, and other natural portation. and if that price is determined to be rep­ deposits. resentative, the taxpayer’s gross income ***** I f the taxpayer sells his ore or mineral from mining shall be determined on the (g) Statement to be attached to re­ in more than one form, and if only min­ basis of that price and not under the turn when valuation, depletion, or depre­ ing processes are applied to the ore or provisions of paragraph (d) of this sec­ dation of mineral property or improve­ mineral, gross income from mining is the tion. The taxpayer’s own actual sales ments are claimed. * * * actual amount for which the various prices for ores or minerals of like kind (4) For rules relating to an additional forms of the ore or mineral are sold, after and grade shall be taken into account statement to be attached to the return any adjustments required by paragraph when establishing market or field prices, when the depletion deduction is com­ (e) ( l ) of this section. For example, if, at provided that those sales are determined puted upon a percentage of gross income his mine or quarry, a taxpayer sells sev­ to be representative. from the property, see § 1.613-6. eral sizes of crushed gypsum and also (2) Criteria for determining whether sSlls gypsum fines produced as an inci­ ***** an ore or mineral is of like kind and dental byproduct of his crushing opera­ grade as the taxpayer’s ore or mineral. Par. 4. Section 1.613-3 is amended to tions, without applying any nonmining An ore or mineral will be considered to read as follows: processes, gross income from mining will be of like kind and grade as the tax­ § 1.613—3 Cross income from the prop­ ordinarily be the total amount for which payer’s ore or mineral if, in common erty in the case o f oil and gas wells. such crushed gypsum and fines are actu­ commercial practice, it is sufficiently [Reserved] ally sold. See paragraphs (f) and (g) of similar in chemical, mineralogical, or this section for provisions defining min­ physical characteristics to the taxpayer’s §§ 1.613-5, 1.613-6,1.613-7 [Redesig­ ing and nonmining processes for various nated] ore or mineral that it is used, or is com­ minerals. mercially suitable for use, for essentially Par. 5. Sections 1.613-4, 1.613-5, and (2> In the case of sales between mem­ the same purposes as the uses to which 1.613- 6 are redesignated as §§ 1.613-5, bers of a controlled group, as to which the taxpayer’s ore or mineral is put. 1.613- 6, and 1.613-7, respectively. the district director has exercised his au­ Whether an ore or mineral is of like kind Par. 6. The following new section is thority under section 482 and the regula­ and grade as the taxpayer’s ore or min­ added immediately after § 1.613-3: tions thereunder, and has determined the eral will generally be determined by ref­ § 1.613—4 Gross income from the prop­ appropriate price with respect to specific erence to industrial or commercial erty in the case o f minerals other sales transactions, that price shall be specifications and by consideration of than oil and gas. deemed, for those transactions, to be the chemical and physical data relating to (a) In general. The term “ gross in­ actual amount for which the ore or min­ the minerals and deposits in question. come from the property,” as used in sec­ eral is sold. In the case of all other sales The fact that the taxpayer applies - tion 613(c)(1), means, in the case of a between members of a controlled group, slightly different size reduction processes, mineral property other than an oil or gas the prices for such sales shall be deter­ or the fact that the taxpayer uses property, gross income from mining. mined, if possible, by use of the rep­ slightly different beneficiation processes, “Gross income from mining” is that resentative market or field price method, or the fact that the taxpayer sells his amount of income which is attributable as described in paragraph (c) of this sec­ ore or mineral for different purposes, will to the extraction of the ores or minerals tion; otherwise such prices shall be deter­ not, in itself, prevent another person’s from the ground and the application of mined by the appropriate pricing method ore or mineral from being considered to mining processes, including mining as provided in paragraph (d) (1) of this be of like kind and grade as the tax­ transportation. For the purpose of this section. For the definitions of the terms payer’s ore or mineral. On the other section, “ordinary treatment processes” “controlled” and “group”, see paragraph hand, the fact that the taxpayer’s ore (applicable to the taxable years begin­ (j) ( 1) and (2) of this section. or mineral is suitable for the same gen­ ning before January 1, 1961) and “treat­ (c) Cases where a representative mar­eral commercial use as another person's ment processes considered as mining” ket or field price for the taxpayer’s ore ore or mineral will not cause the two (applicable to the taxable years begin­ or mineral can be ascertained— (I) Gen­ ores or minerals to be considered to be of ning after December 31,1960) will be re­ eral rule. I f the taxpayer processes the like kind and grade if the desirable nat­ ferred to as “mining processes.” Proc­ ore or mineral before sale by the applica­ ural constituents of the two ores or min­ esses, including packaging and transpor­ tion of nonmining processes (including erals are markedly different substances. tation, which do not qualify as mining nonmining transportation), or uses it in For example, anthracite coal will not be will be referred to as “nonmining proc­ his operations, gross income from mining considered to be of like kind as bitumi­ esses.” Also for the purpose of this shall be computed by use of the repre­ nous coal merely because both types of section, transportation which qualifies sentative market or field price of an ore coal can be used as fuel. Similarly, bitu­ as “mining” will be referred to as “min­ or mineral of like kind and grade as the minous coal which does not possess cok­ ing transportation” and transportation taxpayer’s ore or mineral after the ap­ ing qualities will not be considered to which does not qualify as “mining” will plication of the mining processes actually be of like grade as bituminous coking be referred to as “nonmining transporta­ applied (if any), including mining coal. However, in the case of a taxpayer tion.” See paragraph (f) of this section transportation (if any), and before any who mines and uses his bituminous coal for the definition of the term “mining” nonmining transportation, subject to any in the production of coke, all bituminous and paragraph (g) ^of this section for adjustments required by paragraph (e) coals in the same marketing area will be rules relating to nonmining processes. (1) of this section. See paragraph considered to be of like kind, and all such (b) Sales prior to the application of (e) (2 i (i) of this section for certain other bituminous coals having the same or nonmining processes including nonmin­ situations in which this paragraph shall similar coking quality suitable for com­ mercial use by coke producers will be ing transportation. (1) Subject to the ad­ apply. The objective in computing gross income from mining by the representa­ considered to be of like grade as the coal justments required by paragraph (e) ( 1) tive market or field price method is to mined and used by the taxpayer. of this section, gross income from min­ ascertain, on the basis of an analysis of Fine distinctions between various grades ing means (except as provided in sub­ actual competitive sales by the taxpayer of minerals are to be avoided unless those

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19258 PROPOSED RULE MAKING

distinctions are clearly shown to have (5) Limitation on gross income fromously established method consistently fail genuine commercial significance. mining computed under the provisions of to reflect clearly the gross income from (3) Factors to be considered in deter­ this paragraph. It shall be presumed that mining, in the light of all the facts and mining the representative market or field a price is not a representative market or circumstances. price for the taxpayer’s ore or mineral. field price for the taxpayer’s ore or min­ (c) The use of an alternative method In determining the representative mar­ eral if the sum of such price plus the shall be acceptable only if it is estab­ ket or field price for the taxpayer’s ore or total of all costs of the nonmining proc­ lished that, under the particular facts mineral, consideration shall be given only esses (including nonmining transporta­ and circumstances, the proportionate to prices of ores or minerals of like kind tion) which the taxpayer applies to his profits method and the taxpayer’s previ­ and grade as the taxpayer’s ore or min­ ore or mineral regularly exceeds the tax­ ously established method consistently eral and with which, under commercially payer’s actual sales price of his first mar­ fail to reflect clearly tho gross income accepted standards, the taxpayer’s ore or ketable product or group of products. See from mining, and the proposed alterna­ mineral would be considered to be in com­ paragraph (d) (4) (iv) of this section for tive method consistently does reflect petition if it were sold under the condi­ the definition of the term “first market­ clearly the gross income from mining. tions described in paragraph (b) ( 1) of able product or group of products”. For When determining whether a method of this section. A weighted average of the example, if on a regular basis the total computation clearly Teflects gross income competitive selling prices of ores or min­ of all costs of nonmirting processes ap­ from mining, it is relevant to compare erals of like kind and grade as the tax­ plied by the taxpayer to coal for the pur­ the gross income from mining produced payer’s, beneficiated only by mining poses of making coke is $12 per ton, and by such method with the gross income processes, if any, in the relevant markets, if the taxpayer’s actual sale price for from mining, on an equivalent amount of although not determinative of the rep­ such coke is $18 per ton, a price of $7 per production, which results from the com­ resentative market or field price, is an ton would not be a representative mar­ putation methods used by competitors. important factor in the determination of ket or field price for the taxpayer’s coal. When determining the acceptability of that price. The taxpayer’s own competi­ In order to rebut the presumption set proposed alternative methods, primary tive sales prices for minerals which have forth in the first sentence of this sub- consideration will be given to computa­ been subjected only to mining processes paragraph, it must be established that tion methods based upon representative shall be taken into account in computing the loss on nonmining operations is di­ charges for ores, minerals, products, or such a weighted average. For purposes of rectly attributable to unusual, peculiar, services. See paragraph (c) of this sec­ the preceding sentence, if the district di­ and nonrecurring factors rather than to tion for principles determining the rep­ rector has exercised his authority under the use of a market or field price which resentative character of a charge. section 482 and the regulations there­ is not representative. For example, the Ad) Application for permission to com­ under and has determined the appropri­ first sentence of this subparagraph shall pute gross income from mining by use of ate price with respect to specific sales not apply if the taxpayer establishes in an alternative method shall be made by transactions by the taxpayer, that price an appropriate case that the loss on non­ submitting a request to the Commissioner shall be deemed to be a competitive sales mining operations is directly attributable of Internal Revenue, Attention: Assist­ price for those transactions. Sales or pur­ to an event such as a fire, flood, explo­ ant Commissioner (Technical), Washing­ chases, including the taxpayer’s, of ores sion, earthquake, or strike. ton, D.C. 20224. or minerals of like kind and grade as the (d) Cases where a representative mar­ (e) Among the alternative methods of taxpayer’s, will be taken into considera­ ket or field price cannot be ascertained— computation to which consideration for tion in determining the representative (1) General rule, (i) If it is impossible approval will be given, provided that the market or field price for the taxpayer’s to determine a representative market or requirements of this subdivision (ii) are ore or mineral only if those sales or pin­ field price as described in paragraph (c) met, are the methods listed in subpara­ chases are the result of competitive of this section then, except as provided graphs (5) through (8) of this para­ transactions. The identity of the tax­ in subdivision (ii) of this subparagraph, graph. The order in which these methods payer’s relevant markets (including their gross income from mining shall be com­ are listed is not significant, and the list­ accessibility to the taxpayer), and the puted by use of the proportionate profits ing of these methods does not preclude representative market or field price method as set forth in subparagraph (4) a request to make use of a method which within those markets, are necessarily of this paragraph. is not listed. factual determinations to be made on (ii) (a) I f the taxpayer has established (iii) Approval and continued use of the basis of the facts and circumstances to the satisfaction of the Commissioner, any method of computation under this of each individual case. For the purpose with respect to a taxable year beginning paragraph depends upon all the facts and of determining the representative market before the publication of this subdivision circumstances in each case, and shall be or field price for the taxpayer’s ore or (ii) in the F ederal R eg ister as a Treas­ subject to such terms and conditions as mineral, exceptional, insignificant, unus­ ury decision, that a method of computa­ may be necessary in the opinion of the ual, tie-in, or accommodation sales shall tion other than the computation of prof­ Commissioner to reflect clearly the gross be disregarded. Except as provided above, its proportionate to costs clearly reflects income from mining. Accordingly, the representative market or field prices shall gross income from mining, then such use of such a method for any taxable not be determined by reference to prices other method shall continue to be used year shall be subject to review and established between members of a con­ until the first taxable year with respect, change. trolled group. See paragraph (j) of this to which the Commissioner determines section for the definitions of the terms (2) Costs to be used in computing gross another method to be appropriate. income from mining by use of methods “controlled” and “ group”. (b) If, for taxable years beginningbased on the taxpayer’s costs. In deter­ (4) Information to be furnished by a after the publication of this subdivision mining the taxpayer’s gross income from taxpayer computing gross income from (ii) in the F ederal R eg ister as a Treas­ mining by use of methods based on the mining by use of a representative market ury decision, circumstances exist which taxpayer’s costs, only costs actually paid or field price. A taxpayer who computes make the continued use of the taxpayer’s 6r incurred shall be taken into consider­ his gross income from mining pursuant established method under (a) of this sub­ ation. In general, if the taxpayer has to the provirions of this paragraph shall division (if any) and use of the propor­ consistently employed a reasonable attach to his return a Summary state­ tionate profits method inappropriate, method of determining the costs of the ment indicating the prices used by him consideration will be given to approval of various individual phases of his mining in computing gross income from mining the use of an alternative method of com­ and nonmining processes (such as ex­ under this paragraph and the source of putation. The objective in computing traction, loading for shipment, calcining, his information as to those prices, ahd gross income from mining by means of an packaging, etc.), such method shall not the relevant supporting data shall be alternative method is to provide for those be disturbed. The amount of any partic­ assembled, segregated, and made readily infrequent instances in which a repre­ ular item to be taken into account shall, available at the taxpayer’s principal place sentative market or field price is not for taxable years beginning after No­ of business until the expiration of the available and in which the proportionate vember 30, 1968, be the amount used in pertinent period of limitations. profits method and the taxpayer's previ­ determining the taxpayer’s income for

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 PROPOSED RULE MAKING 19259

tax purposes. For ©¿ample, the depreci­ the costs incurred for transportation to (v ) See paragraph (e) (1) of this sec­ ation lives, methods, and records used those plants or mills in excess of 50 miles tion for provisions excluding certain al­ for tax purposes, if different from those (or of that greater distance) shall be lowances from the taxpayer’s gross sales used for book purposes, shall be the basis treated as nonmining costs in determin­ and costs of his first marketable product for determining the amount of deprecia­ ing gross income from mining. Accord-' or group of products. . tion to be used. However, a taxpayer may ingly, all profits attributable to that ex­ (4) Proportionate profits method. (i) continue to use a reasonable method for cess transportation are treated as non­ The objective of the “proportionate determining those costs on the basis of mining profits. However, except in the profits method’’ of computation is to as- the amounts computed for cost control case of transportation performed in con­ certain, gross income from mining by or similar financial or accounting books veyances owned or leased by the tax­ applying the principle that each dollar of and records if that method has been used payer, the preceding sentence shall apply the total costs paid or incurred to pro­ consistently and is applied to the deter­ only to taxable years beginning after duce, sell, and transport the first market­ mination of all those costs. November 30, 1968. able product or group of products (as (3) Treatment of particular items in (ii) In determining gross income from defined in subdivision (iv) of this sub- computing gross income from the mining mining by use of methods based on the paragraph) earns the same percentage by use of methods based on the tax­ taxpayer’s costs, a process shall not be of profit. Accordingly, in the proportion­ payer’s costs, (i) Except as specifically considered as a mining process to the ate profits method no ranking of costs is provided elsewhere in this section, when extent it is applied to ores, minerals, or permissible which results in excluding or determining gross income from mining other materials with respect to which minimizing the effect of any costs in­ by use of methods based on the taxpay­ the taxpayer is not entitled to a deduc­ curred to produce, sell, and transport the er’s costs, the costs attributable to min­ tion for depletion under section 611. The first marketable product or group of ing transportation shall be treated as costs of such nondepletable ores, min­ products. For purposes of this subpara­ mining costs, and the costs attributable erals, or materials; the costs of the graph, members of a controlled group to nonmining transportation shall be processes (including blending, size re­ shall be treated as divisions of a single treated as nonmining costs. Accordingly, duction, etc.) applied thereto; and the taxpayer. See paragraph (j) of this sec­ except as specifically provided elsewhere ' transportation costs thereof, if any, shall tion for the definitions of the terms in this section, all profits attributable to be considered as nominating costs in de­ “controlled” and “group”. mining transportation shall be treated termining gross income from mining. If a (ii) The proportionate profits method as mining profits, and all profit attrib­ mining process is applied to an admixture of computation is applied by multiplying utable to nonmining transportation o f . depletable and nondepletable ma­ the taxpayer’s gross sales (actual or con­ shall be treated as nonmining profits. For terial, the cost of the process and thé structive) of his first marketable product this purpose, mining transportation cost of transportation, if any, attribut­ or group of products (after making the means so much of the transportation of able to the nondepletable material shall adjustments required by paragraph (e) ores or minerals (whether or not by com­ be considered as nonmining costs in de­ of this section) by a fraction whose nu­ mon carrier) from the point of extrac­ termining gross income from mining. Ac­ merator is the sum of all the costs allo­ tion from the ground to plants or mills cordingly, all profits attributable thereto cable tb those mining processes which in which other mining processes are ap­ are treated as nonmining profits. In the are applied to produce, sell, and trans­ plied thereto as is not in excess of 50 absence of other methods which clearly port the first marketable product or miles or, if the taxpayer files an appli­ reflect the cost attributable to the proc­ group of products, and whose denomina­ cation pursuant to paragraph (h) of this essing and transportation, if any, of the tor is the total of all the mining and non­ section and the Commissioner finds that nondepletable admixed material, that mining costs paid or incurred to produce, both the physical and other requirements cost shall be deemed to be that propor­ sell, and transport the first marketable are such that the ores or minerals must tion of the costs which the tonnage of product or group of products (after mak­ be transported a greater distance to such nondepletable material bears to the total ing the adjustments required by this plants or mills, the transportation over tonnage of both depletable and nonde­ the greater distance. Further, for this paragraph and paragraph (e) of this sec­ pletable material. tion) . The method as described herein is purpose, nonmining transportation in­ (iii) In determining gross income from cludes the transportation (whether or merely a restatement of the method mining by use of methods based on the formerly set forth in the second sentence not by common carrier) of ores, minerals, taxpayer’s costs— or the products produced therefrom, of Regulations 118, section 39.23 (m )- l (a) The costs attributable to con­ (e)(3) (1939 Code). The proportionate from the point of extraction from the tainers, bags, packages, pallets, and sim­ ground to nonmining facilities, or from a profits method of computation may be ilar items as well as the costs of materials illustrated by the following equation: mining facility to a nonmining facility, and labor attributable to bagging, pack­ or from one nonmining facility to an­ Total Costs aging, palletizing, or similar operations - .__ ■ - x Gross Sales other, or from a nonmining facility to shall be considered as nonmining costs. Mining Costs the customers who purchase the taxpay­ (b) The cost attributable to the bulk = Gross Income from Mining. er’s first marketable product or group of loading of manufactured products shall (iii) ’ Those costs which are paid or products. See paragraph (e )(2 ) of this be considered as nonmining costs. incurred by the taxpayer to produce, section for provisions relating to pur­ (c) The costs attributable to the oper­ sell, and transport the first marketable chased transportation to the customer ation of warehouses or distribution ter­ product or group of products, and which and paragraph (g) (3) of this section for minals for manufactured products shall are not directly identifiable with either a provisions relating to transportation the be considered as nonmining costs. particular mining process or a particular primary purpose of which is marketing or Accordingly, all profits attributable nonmining process shall, in the absence distribution. In the absence of other of a specific provision of this section pro­ methods which clearly reflect _ the costs thereto are treated as nonmining profits. (iv) In computing gross income from viding an apportionment method, be ap­ of the various phases of transportation, portioned to mining and to nonmining the cost attributable to nonmining trans­ mining by the use of methods based on by use of a method which is reasonable portation shall be an amount which-is the taxpayer’s costs, the principles set under the circumstances. One method in the same ratio to the costs incurred forth in paragraph (c) of § 1.613-5 shall which may be reasonable in a particular for the total transportation as the dis­ apply when determining whether selling tance of the nonmining transportation case is an allocation based on the propor­ expenses and trade association dues are tion that the direct costs o f mining proc­ is to the distance of the total transporta­ to be treated, in whole or in part, as min­ tion. As an example, where the plants esses and the direct costs of nonmining or mills in which mining processes are ing costs or as nonimining costs. To the processes bear to each other. For ex­ applied to ores or minerals are in excess extent that selling expenses and trade ample, the salary of a corporate officer of 50 miles from the point of extraction association dues are treated as nonmin­ engaged in overseeing all of the taxpay­ from the ground (or in excess of a greater ing costs, all profits attributable thereto er’s processes is an expense which may distance approved by the Commissioner), are treated as nonmining profits. reasonably be apportioned on the basis

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTO0ER 1, 1971 19260 PROPOSED RULE MAKING

of the ratio between the direct costs of products is sold for purposes of this sub­ ore having 50 percent X mineral content mining and nonmining processes. On the division . In the case of all other sales by reference to the representative mar­ other hand, an expense such as work­ between members of a controlled group, ket or field price for the same kind of ore men’s compensation premiums would and in the case of constructive sales, the having 60 percent X mineral content, normally be apportioned on the basis of prices for such sales shall be determined with an appropriate adjustment for the direct labor costs. For the rule relating by use of the principles set forth in para­ differences in the valuable mineral con­ to selling expenses, see paragraph (c) (4) graph (c) pf this section, subject to the tent of the two ores, any differences in of § 1.613—5. adjustments required by paragraph (e) processing costs attributable to impuri­ (iv) As used in this section, the term of this section. In the case of construc­ ties, and any other relevant factors. “first marketable product or group of tive sales, see paragraph (c) (4) of this ( 6) Representative schedule method. products” means the product (or%roup section for rules relating to information The “ representative schedule method” is of essentially the same products) pro­ to be furnished by the taxpayer. a pricing formula which uses representa­ duced by the taxpayer as a result of the (vi) The provisions of this subpara­tive finished product prices, penalties, application of nonmining processes, in graph may be illustrated by the follow­ charges and adjustments, established in the form or condition in which such prod­ ing example: arms-length transactions between un­ uct or products are first marketed in . Example.— (a) Facts. A is engaged in the related parties, to determine the market significant quantities by the taxpayer or mining of a mineral to which section 613 or field price for a crude mineral product. by others in the taxpayer’s marketing applies and in the application thereto of The representative character of a price, area. For this purpose, bulk and pack­ nonmining processes. During 1968, A incurred penalty, charge, or adjustment shall be aged products are considered to be extraction costs of $35,000; other mining determined by applying the principles set essentially the same product. The first costs of $56,000; $150,000 for manufacturing forth in paragraph (c) of this section. marketable product or group of prod­ eosts; $46,000 for other nonmining processes; The representative schedule method is ucts does not include any product and $14,000 for the company president’s salary and similiar cpsts restating from both principally intended for use in those in­ which results from additional manu­ nonmining and mining processes. During dustries in which such a schedule-type facturing or other nonmining proc­ that year, A produced and sold 70,000 tons pricing method is in general use to deter­ esses applied to the product or products of his first marketable product for an actual mine the price paid to unintegrated first marketed in significant quantities gross sales price of $420,000, after the adjust­ mineral producers for their crude min­ by the taxpayer or others in the tax­ ments required by paragraph (e) of this sec­ eral product. For example, if uninte­ payer’s marketing area. For example, if tion. A representative market or field price grated producers of copper concentrate a cement manufacturer sells his own for A’s mineral before the application of nonmining processes cannot be established. in a particular field or market customar­ finished cement in bulk and bags and ily sell their product at prices which are also sells concrete blocks or dry ready- (b ) Computation. ( 1) The computation of A ’s gross income from mining by use of the determined in accordance with a sched­ mix aggregates containing additives, the proportionate profits method involves two ule-type pricing formula, consideration finished cement, in bulk and bags, con­ steps. The first step is to apportion A ’s costs will be given to the determination of con­ stitutes the first marketable product or to mining and to nonmining. A apportions centrate prices for integrated copper pro­ group of products produced by him. the company president’s salary and similiar ducers in accordance with the same pric­ Similarly, if an integrated iron ore and costs to mining and to nonmining in the ing formula. The representative schedule steel producer sells both pig iron in vari-. manner described in the second and third method shall not be used if it is impos­ ous sizes and rolled sheet iron or shapes, sentences of subdivision (iii) of this sub- sible to determine one or more of the his first marketable product is the pig paragraph, and apportions his remaining costs as follows: elements in the representative schedule iron in its various sizes. Further, if an formula by reference to prices, penalties, integrated clay and brick producer sells charges, or adjustments established in both unglazed bricks and tiles of various Cost Mining Non- Total mining representative transactions between un­ shapes and sizes and additionally manu­ related parties. See paragraph (c) of this factured bricks and tiles which are spe­ Extraction______$35,000 $35,000 section for principles determining the cially glazed, the unglazed products, both Other mining processes...... 56,000 56.000 representative character of a charge. packaged and unpackaged, constitute his $150,000 150,000 46.000Other nonmining processes.. 46,000 46.000Other (7) Method using prices outside the first marketable product or group of taxpayer’s market. Under the “other products. Subtotal...... 91,000 196'000 287,000 market method” the taxpayer uses rep­ (v) (a) As used in this subdivision, the President’s salary and similar costs______4,439 9,561 14,000 resentative market or field prices estab­ term “ gross sales (actual or construc­ lished outside his markets, provided that tive) ” means the total o f the taxpayer’s Total costs______95,439 205,561 301,000 conditions there are substantially the actual competitive sales to others of the same as in his markets. For example, it first marketable product or group of (2) The second step is to apply the pro­ portionate profits fraction so as to compute may be appropriate in a particular case products, plus the taxpayer’s construc­ to establish the representative market or tive sales of the first marketable product A's gross income from mining. To do this, A first computes his gross sales of his first field price for pellets containing 60 per­ or group of products used or retained marketable group of products, in this case? cent iron which are produced and used for use in his own subsequent opera­ $420,000. A multiplies his actual gross sales in Utah by reference to the representa­ tions, subject to the adjustments re­ of $420,000 by the proportionate profits frac­ tive market or field price for pellets con­ quired by paragraph (e) of this sec­ tion, whose numerator consists of his total taining 60 percent iron which are tion. See (t>) of thi& subdivision in the mining costs ($95,439) and whose denomina­ produced and sold in Wyoming, provided case of actual sales between members of tor consists of his total costs ($301,000). that conditions in the two marketing controlled groups and in the case of con­ Thus, A ’s gross income from mining is areas are shown to be substantially the structive sales. A “ constructive sale” oc­ $133,170 (i.e., 95,439/301,OOOths of A ’s actual curs when a miner-manufacturer is gross sales of $420,000). same. deemed, for percentage depletion pur­ (5) Method using prices of mineral of (8) Rate of return on investment poses, to be selling the first marketable different grade. Under the “different method. [Reserved] product or group of products to himself. grade method” the taxpayer uses rep­ (e) Reductions of sales price in com­ (b) In the case of sales between mem­resentative market or field prices for an puting gross income from mining— ( 1) bers of a controlled group as to whTch ore or mineral which is of like kind but Discounts. I f a taxpayer computes gross the district director has exercised his which is not of like grade as his ore or income from mining under the provisions authority under section 482 and the reg­ mineral, with appropriate adjustments of paragraph (b) ( 1) of this section, trade ulations thereunder and has determined for differences in mineral content. This discounts and, for taxable years begin­ the appropriate price with respect to method may be used only if such adjust­ ning after November 30, 1968, cash dis­ specific sales transactions, that price ments are readily ascertainable. For ex­ counts actually allowed by the taxpayer shall be deemed, for those transactions, ample, it may be appropriate in a shall be subtracted from the sale price to be the actual amount for which the particular case to establish the repre­ of the taxpayer’s ore or mineral. If a first marketable product or group of sentative market or field price for &n taxpayer computes gross income from

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 PROPOSED RULE MAKING 19261 mining under the provisions of para­ profits fraction, so as not to attribute (iv) The provisions of this subpara­ graph (c) of this section, any such dis­ profits to the cost of that transportation. graph may be illustrated by the follow­ counts actually allowed (if not otherwise Similar transportation cost adjustments ing examples: taken into account) by the person or may be made, if appropriate, in the case Example (1 ). A is engaged in the mining of persons making thé sales on the basis of of other methods of computation which an ore of mineral M and in the production which the representative market or field are based on the taxpayer’s costs. For and sale of M concentrate. A retains a por­ price for the taxpayer’s ore or mineral is the treatment of costs and profits at­ tion of his concentrate for use in his own to be determined shall bç subtracted from tributable to transportation which is not nonmining operations. During 1968, A sold purchased transportation to the custom­ 100,000 tons of M concentrate of ore mined the sale price in computing such repre­ and processed by him, which sales consti­ sentative market or field price. If a tax­ er as defined in subdivision (iii) of this tuted a significant portion of his total pro­ payer computes gross income from min­ subparagraph, see paragraph (d) (3) (i) duction. Eighty thousand tons of that con­ ing under the provisions of paragraph of this section. centrate were sold by A on the basis of a (d) of this section, such discounts (iii) For purposes of this section, therepresentative price (after adjustments re­ actually allowed (if not otherwise taken term “purchased transportation to the quired by subparagraph (1) of this para­ into account) shall be subtracted from customer” means, in general, nonmining graph) of $30 per ton f.o.b. mine or plant, transportation from the taxpayer’s mine resulting in gross income from mining of the gross sales (actual or constructive), $2,400,000. The remaining 20,000 tons were and shall not be considered a cost, of the or plant to the customer— sold by A, both directly and through termi­ first marketable product or group of (ok) Which is not performed in con­ nals, on the basis of a delivered price (after products. The provisions of this sub- veyances owned or leased directly or in­ adjustments required by subparagraph (1) paragraph shall apply to arrangements directly, in whole or in part, by the of this paragraph) at City X of $40 per ton. which have the same effect as trade or taxpayer, The delivered price included $15 per ton cost cash discounts, regardless of the form of (b) Which is performed solely to de­ of purchased transportation from the mine liver the taxpayer’s minerals or mineral or plant to customers in-City X. The repre­ the arrangements. sentative market or field price of the con­ (2) Purchased transportation to theproducts to the customer, rather than to centrate sold by A on the basis of a delivered customer, (i) A taxpayer who computes transport such minerals or products for price is $25 per ton, determined by sub­ gross income from mining under the packaging or other additional processing tracting the cost of the purchased trans­ provisions of paragraph (c) of this sec­ by the taxpayer (other than incidental portation to the customer ($15 per ton) from tion and who sells his ore or mineral storage or handling), and the delivered price for the concentrate ($40 after the application of only mining (c) With respect to which the tax­ per ton). Accordingly, A’s gross income from processes but after nonmining transpor­ payer ordinarily does not earn any profit. mining with respect to the 20,000 tons of M tation shall use as the representative concentrate sold on a delivered basis is For purposes of the preceding sentence, $500,000. The representative market or field market or field price his delivered price price for the concentrate retained by A and (if otherwise representative) reduced by transportation which is performed by a person controlling or controlled by the used in his own nonmining operations may costs paid or incurred by him for pur­ be computed by reference to the weighted chased transportation to the customer as taxpayer (within the meaning of para­ average price for both A ’s f.o.b. mine and defined in subdivision (iii) of this sub- graph ( j ) ( 1) of this section) shall be A ’s delivered sales of concentrate, with the paragraph. I f the transportation by the deemed to have been performed in con­ delivered sales prices reduced in the manner taxpayer is not purchased transportation veyances owned or leased by the taxpayer described above. On this basis, the repre­ unless it is established by the taxpayer sentative market or field price for the re­ to the customer, or if the taxpayer does tained concentrate is $29 per ton. not sell the ore or mineral until after the that the price charged by the controlling or controlled person for such transpor­ Example (2). B is engaged in the min­ application .of nonmining processes, and ing of an ore of mineral N and in the if other producers in the taxpayer’s mar­ tation constitutes an arm’s-length charge (under the standard described in. production of N concentrate. B retained keting area sell significant quantities of all but an insignificant amount of his an ore or mineral of like kind and grade paragraph (b) (1) of § 1.482-1). The term concentrate for use in his own nonmining after the application of only mining “purchased transportation to the cus­ operations. Other producers in B’s market­ processes but after purchased trans­ tomer” includes transportation to a ing area sell significant amounts of N con­ portation to the customer, the represent­ warehouse, terminal, or distribution centrate of like kind and grade, both on ative delivered price at which the ore facility owned or operated by the tax­ an f.o.b. mine or plant basis and on a de­ or mineral is sold by those other pro­ payer, provided that such transportation livered basis. In this case, the prices for is performed under the conditions de­ both the f.o.b. and the delivered sales made ducers reduced by representative costs of by other producers (after any adjustments purchased transportation to the cus­ scribed in the first sentence of this sub­ division. A taxpayer will not be deemed required by subparagraph (1) of this para­ tomer paid or incurred by those produc­ graph), after reduction of the delivered ers shall be used by the taxpayer as the ordinarily tp earn a profit on transporta­ prices by the cost of purchased transporta­ representative market or field price for tion merely because charges for the tion to the customer, shall, if such prices are his ore or mineral in applying paragraph traiisportation are included in the stated otherwise representative, be taken into ac­ (c) of this section. Furthermore, appro­ selling price, rather than being separately count in establishing the representative mar­ priate adjustments shall be made to take stated or segregated from other billing. ket or field price for the N concentrate into account differences in mode of A taxpayer will not be deemed ordinarily produced and used by B. transportation and distance. When ap­ to earn a profit on transportation if the (f) Definition of mining— (1) In gen­ plying this subdivision, the representa­ rates for the transportation constitute' eral. The term “ mining” includes tive market or field price so computed an arm’s-length charge ordinarily paid only— shall not exceed the taxpayer’s delivered by shippers of the same product in similar circumstances. I f a taxpayer computes (i) The extraction of ores or minerals price less his actual costs of transporta­ from the ground; tion to the customer. For purposes of gross income from mining under the pro­ this subdivision, any delivered price visions of paragraph (d) of this section, (ii) Mining processes, as described in shall be adjusted as provided in subpara­ the term “purchased transportation to subparagraphs (2) through (6) of this graph ( 1) of this paragraph. the customer” refers to transportation paragraph; and (ii) If a taxpayer computes gross in­which conforms to the other require­ (iii) So much of the transportation come from mining under the provisions ments of this subdivision and which is (whether or not by common carrier) of paragraph (d) of this section, the cost performed to transport the taxpayer’s of ores or minerals from the point of ex­ of purchased transportation to the cus­ first marketable product or group of traction of the ores or minerals from tomer (as defined in subdivision (iii) of products (as defined in paragraph (d) the ground to the plants or mills in which this subparagraph) shall be excluded the processes referred to in subdivision (4) (iv) of this section) rather than to (ii) of this subparagraph are applied from the gross sales of his first market­ transport minerals or mineral products able product or group of products (after thereto as is not in, excess of 50 miles, any adjustments required by subpara­ which do not yet constitute the tax­ and, if the Commissioner finds that both graph (1) of this paragraph), and from payer’s first marketable product or group the physical and other requirements are the denominator of the proportionate of products. such that the ores or minerals must be

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 No. 191- 4 19262 PROPOSED RULE MAKING transported a greater distance to such (ii) The term “ mining processes” also ticular process is necessary or incidental plants or mills, the transportation over includes the following processes (and, ex­ to a process named as a mining process such greater distance as the Commis­ cept as otherwise provided in this sub­ in section 613(c)(4) of this paragraph, sioner authorizes. However, transporta­ division, the processes necessary or in­ the necessary or incidental process will tion of the ores or minerals shall not cidental thereto): also be considered a mining process. foe considered mining transportation (a) For taxable years beginning after (iv) The term “mining” does not in­ where the location at which the processes December 31,1960, in the case of calcium clude purchasing minerals from another. referred to in subdivision (ii) of this sub- carbonates and other minerals when used Accordingly, the processes listed in this paragraph are performed has been estab­ in making cement— all processes (other paragraph shall be considered as mining lished for the purpose of increasing the than preheating the kiln feed) applied processes only to the extent that they taxpayer’s percentage depletion deduc­ prior to the introduction of the kiln feed are applied by a mine owner or operator tion rather than for a substantial busi­ into the kiln, but not including any sub­ to an ore or mineral in respect of which ness purpose. See paragraph (h) of this sequent process; he is entitled to a deduction for depletion section for rules relating to the filing of lb) For taxable years beginning a fter' under section d ll. The application of applications to treat as mining any December 31, 1960, and before November these processes to purchased ores, min­ transportation in excess of 50 miles. 14, 1966, in the case of clay to which erals, or materials does not constitute (2) Definition of mining processes, (i)former section 613(b) (5) (B) applied, and mining. As used in subparagraph (1) (ii) of this for taxable years beginning after Novem­ (3) Processes recognized as mining for paragraph, the term “mining processes” ber 13, 1966, in the case of clay to which ores or minerals covered by section means, for taxable years beginning before section 613(b)(5) or (6) (B) applies— ‘613(c) (4) (C ) . (i) As used in section January 1, 1961, the ordinary treatment crushing, grinding, and separating the 613(c) (4) (C) and subparagraph (2) (i) processes normally applied by mine clay from waste, but not including any (c) of this paragraph, the terms “sort­ owners or operators in order to obtain subsequent process; ing” and “ concentrating” mean the the commercially marketable mineral (c) For taxable years beginning after process of t eliminating substantial product or products, including the fol­ October 9, 1969, in the case of minerals amounts of impurities or foreign matter, lowing processes (and the processes nec­ (other than sodium chloride) extracted or separating two or.more valuable min­ essary or incidental thereto), and, for from brines pumped from a saline peren­ erals or ores, without changing the taxable years beginning after Decem­ nial lake (as defined in paragraph (b) of physical or chemical identity of the ores ber 31,1960, the following processes (and § 1.613-2)— the extraction of such min­ or minerals. Examples of sorting and the processes necessary or incidental erals from the brines, but in no case in­ concentrating processes are hand or thereto): * cluding any further processing or refin­ mechanical sorting, magnetic separation, (a) In the case of coal— cleaning, ing of such extracted minerals; and gravity concentration, jigging, the use of breaking, sizing, dust allaying, treating (d) For taxable years beginning after shaking or concentrating tables, the use to prevent freezing, and loading for December 30, 1969, in the case of oil of spiral concentrators, the use of sluices shipment; shale (as defined in paragraph (b) of or sluice boxes, sink-and-float processes, (b) In the case of sulfur recovered by § 1.613-2)— extraction from the ground, classifiers, hydrotators and flotation the Frasch process— cleaning, pumping crushing, loading into the retort, and re­ processes. Under section 613(c)(4)(C), to vats, cooling, breaking, and loading for torting, but in no case hydrogenation, re­ sorting and concentration will be con­ shipment; fining, or any other process subsequent sidered mining processes only where they to retorting. (c) In the case of iron ore, bauxite, are applied to bring an ore or mineral ball and sagger clay, rock asphalt, and (iii) A process -is “necessary” to to shipping grade and form. ores or minerals which are customarily another related process if it is prerequi­ (ii) As used in section 613(c)(4)(C) sold in the form of a crude mineral site to the performance of the other and and subparagraph (2) (i) (c) of this product (as defined in subparagraph (3) process. For example, if the concen­ paragraph, the term “sintering” means (iv) of this paragraph) — trating of low-grade iron ores to bring to the agglomeration of fine particles by shipping grade and form cannot be heating to a temperature at which incipi­ (1) Where applied for the purpose of effectively accomplished without fine bringing to shipping grade and form (as ent, but not complete, fusion occurs. pulverization, such pulverization shall be Sintering will be considered a mining defined in subparagraph (3) (iii) of treated as a process which is “necessary” this paragraph) —sorting, concentrating, process only where it is applied to an to the concentration process. Accord­ ore or mineral, or a concentrate of an sintering, and substantially equivalent ingly, because concentration is a mining processes, and . ore or mineral, as an auxiliary process process, such pulverization is also a min­ necessary to bring the ore or mineral to (2) Loading for shipment. ing process. Furthermore, if mining (d) In the case of lead, zinc, copper, shipping form. A thermal action which processes cannot be effectively applied is applied in the manufacture of a fin­ gold, silver, uranium, or fluorspar ores, to a mineral without storage of the min­ potash, and ores or minerals which are ished product will not be considered to eral while awaiting the application of be a mining process even though such not customarily sold in the form of the such processes, such storage shall be crude mineral product— crushing, grind­ thermal action may cause the ag­ treated as a process which is “necessary” glomeration of fine particles by incipient ing, and beneficiation by concentration to the accomplishment of such mining (gravity, flotation, amalgamation, elec­ fusion, and even though such action does processes. A process is “incidental” , to not cause a chemical change in the trostatic, or magnetic), cyanidation, another related process if the cost leaching, crystallization, precipitation agglomerated particles. For example, the thereof is insubstantial in relation to the sintering of finely ground iron ore con­ (but not including electrolytic deposition, cost of the other process, or if the process roasting, thermal or electric smelting, or centrate, prior to shipment from the con­ is merely the coincidental result of the centration plant, for the purpose of pre­ refining), or by substantially equivalent application of the other process. For processes or combination of processes venting the risk of loss of the finely example, the sprinkling of coal, prior divided particles during shipment is con­ used in the separation or extraction of to loading for shipment, with dots of the product or products from the ore or sidered a mining process. On the other paper to identify the coal for trade-name hand, for example, a heating process the mineral or minerals from other mate­ purposes will be considered incidental to rial from the mine or other natural de­ applied to defluoridize phosphate rock or the loading where the cost of that sprin­ to expand or harden clay, shale, perlite, posit; and kling is insubstantial in relation to the (e) In the case of the following ores vermiculite, or other materials in the cost of the loading process. Also, where course of the manufacture of lightweight or minerals— crushing of a crude mineral is treated as aggregate or other building materials is (1) The furnacing of quicksilver ores, a mining process, the production of fines not considered to be a mining process. ( 2) The pulverization of talc. as a byproduct is ordinarily the coinci­ (3) The burning of magnesite, and dental result of the application of a (iii) As used in section 613(c)(4)(C) (4) The sintering and nodulizing of mining process. I f a taxpayer demon­ and this section, to “bring to shipping phosphate rock. strates that, as a factual matter, a par­ grade and form” means, with respect to

FEDERAL REGISTER, V O L 36, NO. 191— FRIDAY, OCTOBER 1, 1971 PROPOSED RULE MAKING 19263

taxable years beginning after Decem­ (ii) Size classification processes ap­ matter is removed from the ore or min­ ber 31, 1960, to bring (by the application plied to the products of allowable crush­ eral by the operation of forces of nature, of mining processes at the mine or con­ ing and grinding; such as evaporation, drainage, or gravity centration plant) the quality or size of (iii) Drying to remove free water, pro­ flow. an ore or mineral to the stage at which vided that such drying does not change (4) Manufacturing, etc. The produc­ the ore or mineral is shipped to a cus­ the physical or chemical identity or com­ tion, packaging, distribution, and mar­ tomer or used in a nonmining process (as position of the mineral; and keting of manufactured products, and defined in paragraph (g) of this section) Xiv) Washing or cleaning the surface the processes necessary or incidental by the taxpayer. of mineral particles (including the wash­ thereto, are nonmining processes. (iv) An ore or mineral is ‘‘customarilying of sand and gravel and the treat­ (5) Transformation processes. Proc­ sold in the form of a crude mineral prod­ ment of kaolin particles to remove sur­ esses which effect a substantial physical uct”, within the meaning of section 613 face stains), provided that such washing or chemical change in a crude mineral (c) (4) (C ), if a significant portion of or cleaning does not activate or other­ product, or which transform a crude the production thereof is sold or used in wise change the physical or chemical mineral product into new or different a nonmining process prior to the altera­ structure of the mineral particles. mineral products, or into refined or tion of its inherent mineral content by (6) In the case of a process appliedmanufactured products, are nonmining some form of beneficiation, concentra­ subsequent to a nonmining process, see processes except to the extent that such tion, or ore dressing. An ore or mineral paragraph (g) (2) of this section. processes are specifically designated as does not lose its classification as a crude (g) Nonmining processes— (1) Gen­mining processes in section 613(c) or in mineral product by reason of the fact eral rule. Unless they are otherwise pro­ paragraph (f) of this section. that, before sale or use in a nonmining vided for in paragraph ( f ) of this section (6) Definitions. As used in section process, the ore or mineral may be as mining processes (or are necessary or 613(c) (5) and this section— crushed or subjected to other processes incidental to processes listed therein), (i) The term “calcining” refers to which do not alter its inherent mineral the following processes are not consid­ processes used to expel the volatile por­ content. Whether the portion of produc­ ered to be mining processes—electrolytic tions of a mineral by the application of tion sold or used in the form of a crude deposition, roasting, calcining, thermal heat, as, for example, the burning of mineral product is a significant portion or electric smelting, refining, polishing, carbonate rock to produce lime, the heat­ of the total production of an ore or fine pulverization, blending with other ing of gypsum to produce calcined gyp­ mineral is a question of fact. materials, treatment effecting a chemi­ sum or plaster of Paris, or the heating of (4) Type of processes recognized as cal change, thermal action, and molding clays to reduce water of crystallization. mining for ores or minerals covered by or shaping. See subparagraph (6) of this (ii) The term “thermal smelting” se ction 613(c) (4) (D). ' Cyanidation, s paragraph for definitions of certain of refers to processes which reduce or bene-? leaching, crystallization, and precipita­ these terms. ficiate ores or minerals by the applica­ tion, which are listed in section 613(c) (2) Processes subsequent to nonmin­ tion of heat, as, for example, the fumac- (4) (D) as treatment processes considered ing processes. Notwithstanding any other ing of copper concentrates, the heating as mining, and the processes (or combi­ provision of this section, a process ap­ of iron ores, concentrates, or pellets in a nation of processes) which are substan­ plied subsequent to a nonmining process blast furnace to produce pig iron, or the tially equivalent thereto, will be recog­ (other than nonmining transportation) heating of iron ores or concentrates in a nized as mining only to the extent that shall also be considered to be a non­ direct reduction kiln to produce a feed for they are applied to the taxpayer’s ore or mining process. Exceptions to this rule direct conversion into steel. mineral for the purpose of separation or shall be made, however, in those in-, (iii) The term “refining” refers to extraction of the valuable mineral prod­ stances in which the rule would discrimi­ processes (other than mining processes uct or products from the ore, or for the nate between similarly situated pro­ designated in section 613(c)(4) or purpose of separation or extraction of the ducers of the same mineral. For example, this section) used to eliminate impurities mineral or minerals from other material roasting is specifically designated in sub- or foreign matter from smelted or par­ extracted from the mine or other natural paragraph ( 1) of this paragraph as a tially processed metallic and nonmetallic deposit. A process, no matter how de­ nonmining process, but in the case of ores and minerals, as, for example, the nominated, will not be recognized as minerals referred to in section 613(c) (4) refining of blister copper. In general, a mining if the process bénéficiâtes the (C) sintering is recognized as a mining refining process is designed to achieve a ore or mineral to the degree that such process. I f certain impurities in an ore high degree of purity by removing rela­ process, in effect, constitutes smelting, can only be removed by roasting in order tively small amounts of impurities or for­ refining, or any other nonmining process to bring it to the same shipping grade eign matter from smelted or partially within the meaning o f paragraph (g) of and form as a competitive sintered ore processed ores or minerals. this section. As used in section 613(c) (4) of the same kind which requires no roast­ (iv) The term “polishing” refers to (D) and subparagraph (2) (i) (d) of this ing, the subsequent sintering of the processes used to smooth the surface of paragraph, the term “ concentration” has roasted ore will be treated as a mining minerals, as, for example, sawing applied the meaning set forth in the first two process. In that case, however, the roast­ to finish rough cut blocks of stone, sand sentences of subparagraph (3) (i) of this ing of the ore will nonetheless continue finishing, buffing, or otherwise smooth­ paragraph. to be treated as a nonmining process. ing blocks of stone. (5) Processes recognized as mining (3) Transportation for the purpose of (v) The terni ~“fine pulverization” re­ under section 613(c) (4) ( I ) . Under the marketing or distribution; storage. fers to any grinding or other size reduc­ authority granted th^, Secretary or his Transportation the primary purpose of tion process applied to reduce the normal delegate in section 613(c) (4), (I), the which is marketing, distribution, or de­ topsize of a mineral product to less than processes which are described in sub­ livery for the application of only non­ .0331 inches, which is the size opening in divisions (i) through (iv) of this sub- mining processes shall not be considered a No. 20 Screen (U.S. Standard Sieve Se­ paragraph, and the processes necessary as mining. Nor shall transportation be ries). A mineral product will be consid­ or incidental thereto, are recognized as considered as mining merely because, ered to have a normal topsize of .0331 mining processes for taxable years be­ during the course of such transporta­ inches if .at least 98 percent of the prod­ ginning after December 31, .1960. The tion, some extraneous matter is removed uct will pass through a No. 20 Screen processes described in subdivisions (i) from the ore or mineral by the operation (U.S. Standard Sieve Series), provided through (iv) of this subparagraph are of forces of nature, such as evaporation, that at least 5 percent of the product is in addition to the specific processes rec­ drainage, or gravity flow. Similarly, stor­ retained on a No. 45 Screen (U.S. Stand­ ognized as mining under section 613 age or warehousing of manufactured ard Sieve Series). Compliance with the (c)(4). Such additional processes are: products shall not be considered as min­ normal topsize test may also be demon­ (i) Crushing and grinding, but noting. The preceding sentence shall apply strated by other tests which are shown fine pulverization (as defined in para­ even though, during the course of such to be reasonable in the circumstances. graph (g) (6) (v) of this section) ; storage or warehousing, some extraneous The normal topsize test shall be applied

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19264 PROPOSED RULE MAKING to the product of the operation of each or operators of ores or minerals from and 1.613-4, less all allowable deductions separate and distinct piece of size reduc­ waste or residue of their prior mining. It (excluding any deduction for depletion) tion equipment utilized (such as a roller is immaterial whether the waste or resi­ which are attributable to mining proc­ m ill), rather than to the final products due results from the process of extrac­ esses, including mining transportation, for sale. Fine pulverization includes the tion from the ground or from applica­ with respect to which depletion is repeated recirculation of material tion of mining, processes as defined in claimed. These deductible items include through crushing or grinding equipment paragraph (f) of this section. However, operating expenses, certain selling ex­ to accomplish fine pulverization. Sepa­ extraction of ores or minerals from waste penses, administrative and financial rating or screening the product of a fine or residue which results from processes overhead, depreciation, taxes deductible pulverization process (including separa­ which are not allowable as mining proc­ under section 162 or 164, losses sustained, tion by air or water flotation) shall be esses is not treated as mining. “Extrac­ intangible drilling and development treated as a nonmining process. tion of ores or minerals from the ground” costs, exploration and development ex­ (vi) The term “ blending with other does not include extraction of ores or penditures* etc. See paragraph (c) of materials” refers to processes used to minerals by the purchaser of waste or this section for special rules relating to blend different kinds of minerals with residue or the purchaser of the rights discounts and to certain of these deduct­ one another, as, for example, blending to extract ores or minerals from waste ible items. Expenditures which may be iodine with common salt for the purpose or residue. The term “purchaser” does attributable both to the mineral prop­ of producing iodized table salt. not apply to any person who acquires a erty upon which depletion is claimed and (vii) The term “treatment effecting mineral property, including waste or to other activities shall be properly ap­ a chemical change” refers to processes residue, in a tax-free exchange, such portioned to the mineral property and to as a corporate reorganization, from a (other than designated mining proc­ such other activities. Furthermore, where person who was entitled to a depletion esses) which transform or modify the a taxpayer has more than one mineral allowance upon ores or minerals pro­ chemical composition of a crude mineral, property, deductions which are not di­ duced from such waste or residue, or from as, for example, the coking of coal. The rectly attributable to a specific mineral a person who would have been entitled property shall be properly apportioned term does not include the use of chem­ to such depletion allowance had section icals to clean the surface of mineral among the several properties. In deter­ 613(c)(3) been in effect at the time of mining the taxpayer’s taxable income particles provided that such cleaning the transfer. The term “ purchaser” also does not make any change in the physi­ from the property, the amount of any does not apply to a lessee who has re­ particular item to be taken inter account cal or chemical structure of the mineral newed'a mineral lease if the lessee was shall be determined in accordance with particles. entitled to a depletion allowance (or the principles set forth in paragraph (d) (viii) The term “thermal action” re­ would have been so entitled had section (2) and (3) of § 1.613-4. fers to processes which involve the ap­ 613(c)(3) been in effect at the time of (b) Special rule; decrease in mining plication of artificial heat to ores or the renewal) upon ores or minerals pro­ expenses resulting frpm gain recognized minerals, such as, for example, the burn­ duced from waste or residue before re­ under section 1245(a) (1). * * * ing of bricks, the coking of coal, the newal of the lease. It is not necessary, expansion or popping of perlite, the ex­ for purposes of the preceding sentence, (7) The provisions of this paragraph foliation of vermiculite, the heat treat­ that the mineral lease contain an option may be illustrated by the following ex­ ment of garnet, and the heating of shale, for renewal. The term “purchaser” does amples: clay, or slate to produce lightweight ag­ include a person who acquires waste or ♦ - * * * * gregates. The term does not include dry­ residue in a taxable transaction, even Example (4). On January 1, 1963, B, who ing to remove free water. though such waste or residue is acquired uses the calendar year as his taxable year and (h) Application to treat, as mining, merely as an incidental part of the entire who normally allocates depreciation costs If a mineral enterprise. For special rules with to mines according to the percentage of time transportation in excess of 50 miles. which the depreciable asset is used with re­ taxpayer desires to include in the com­ respect to certain corporate acquisitions spect to the mines, acquired a truck which putation of his gross income from mining referred to in section 381 (a ), see section was section 1245 property. During 1963 the transportation in excess of 50 miles from 381(c) (18) arid the regulations there­ truck was used exclusively on mine No. 1, the point of extraction of the minerals under. which B operated and treated as a separate from the ground, he shall file an original (j) Definition of controlled group.property. The depreciation adjustments al­ and one copy of an application for the When used ir) this section— lowed in respect of the truck for 1963 were inclusion of such greater distance with $1,000 (the amount allowable), which (1) The term “ controlled” includes amount was allocated to mine No. 1 in com­ the Commissioner of Internal Revenue, any kind of control, direct or indirect, puting the taxable income therefrom. On Washington, D.C. 20224. The applica­ whether or not legally enforceable, and January 1,1964, B acquired and began operat­ tion must include a statement setting however exercisable or exercised. It is ing mine No. 2 and elected under section forth in detail the facts concerning the the reality of the control which is deci­ 614(c) to aggregate and treat as one property physical and other requirements which sive, not its form or the mode of its mines Nos. 1 and 2. During 1964 B used the prevented the construction and operation exercise. A presumption of control arises truck 60 percent of the time for mine No. 1 and 40 percent of the time for mine No. 2. For of the plant (in which mining processes, if income or deductions have been arbi­ as defined in paragraph (f) of this sec­ 1964 the depreciation adjustments allowed trarily shifted. in respect of the truck were $1,000 (the tion, are applied) at a place nearer to (2) The term “ group” means the or­ amount allowable), which amount was al­ the point of extraction from the ground. ganizations, trades, or businesses owned located to the aggregation of mines Nos. 1 These facts must be sufficient to apprise or controlled by the same interests. and 2 in computing the taxable income there­ the Commissioner of the exact basis of from. On Decembeif31, 1964, B sold mine No. the application. I f the taxpayer’s return P ar . 7. Section 1.613-5, as redesignated, 2. For 1965 the depreciation adjustments al­ is filed prior to receipt of notice of the is amended by revising paragraph (a), lowed in respect to the truck were $1,000 (the Commissioner’s action upon the appli­ revising example (4) in paragraph (b) amount allowable), which amount was al­ located to mine No. 1 in computing the tax­ cation, a copy of such application shall (7) (to correct a typographical error), and adding a new paragraph (c). The able income therefrom. On January 1, 1966, be attached to the return. If, after an B recognized gain upon sale of the truck of application is approved by the Commis­ amended and added provisions read as $600 to which section 1245(a)(1) applied. In sioner, there is a material change in any follows: computing the taxable income from mine No. of the facts relied upon in such applica­ § 1.613—5 Taxable income from the 1 for 1966, the expenses otherwise required to tion, a new application must be sub­ property. be taken into account are reduced by $600, mitted by the taxpayer. since all the depreciation adjustments al­ (a) General rule. The term “taxablelowed with respect to the truck, including (i) Extraction from waste or residue. income from the property (computed those allowed with respect to the use of the “Extraction of ores or minerals from without allowance for depletion)”, as truck at mine No. 2 ($400 for 1964), relate the ground” means not only the extrac­ used in section 613 and this part, means to the same mineral property from which B had taxable income in 1966, the taxable year tion of ores or minerals from a deposit, “gross income from the property” as in which he sold the truck. but also the extraction by mine owners defined in section 6i3(c) and §§ 1.613-3 * * * 4c 1 *

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 PROPOSED RULE MAKING 19265

(c) Treatment of particular items insalaries, sales commissions and bonuses, § 1.614—3 Rules relating to separate op­ com puting taxable income from the advertising expenses, sales traveling ex­ erating mineral interests in the case property. In determining taxable income penses, and similar expenses, together o f mines. from the property underthe provisions of with an allocable share of the costs of ***** paragraph (a) of this section— supporting services, but the term does not (g) Special rule as to deductions (1) Trade or cash discounts (or allow­ ■ include delivery expenses. under section 615(a) prior to aggre­ ances determined to have the same effect (5) Taxes which are taken as a credit gation. * * * as trade or cash discounts) which are rather than as a deduction or which are (3) Recomputation of tax. * * * actually allowed to the taxpayer in con­ capitalized shall not be subtracted from (ii) Recomputation of depletion al­ nection with the acqiusition of property, the gross income from the property. lowance. The taxpayer shall compute the supplies, or services shall not be included ( 6) Trade association dues paid or in­ depletion allowance with respect to the in the cost of such property, supplies, or curred by a producer of crude oil or gas constructed aggregated property for the services. or a raw mineral product shall be sub­ taxable year for which the recomputa­ (2) Intangible drilling and develop­ tracted from the gross income from the tion is required to be made. In making ment costs which are deducted under property. See subparagraph (4) (iii) of this computation, cost depletion for such section 263(c) and § 1.612-4 shall be this paragraph for the definition of the taxable year shall be computed with ref­ subtracted from the gross income from term “ raw mineral product” . In addition, erence to the depletion unit for the the property. a reasonable portion of the trade asso­ constructed aggregated property. See (3) Exploration and development ex­ ciation dues incurred by a producer of a paragraph (a) of § 1.611-2. Percentage penditures which are deducted for the refined, manufactured, or fabricated depletion for such taxable year shall not taxable year under sections 615, 616, or product shall also be subtracted from exceed 50 percent of the taxable income 617 shall be subtracted from the gross gross income from the property if the from the constructed aggregated prop­ income from the property. activities of the association relate to pro­ erty computed in accordance with (4) (i) Selling expenses, if any, paid duction, treatment and marketing of the § 1.613-5. I f a recomputation is required or incurred with respect to a raw min­ crude oil or gas or raw mineral product. to be made for the same taxable year eral product shall be subtracted from One reasonable method of allocating the with respect to any other aggregation or gross income from the property. See sub­ trade association dues described in the aggregations formed by the taxpayer un­ division (iii) of this subparagraph for preceding sentence is an allocation based der section 614(c)(1), the depletion the definition of the term “raw mineral on the proportion that the direct costs of allowance with respect to the other con­ product.” For example, the selling ex­ mining processes and the direct costs of structed aggregated property or proper­ penses paid or incurred by a producer of nonmining processes (or, in the case of ties shall be similarly computed. If, for raw mineral products with respect to oil and gas, conversion and transporta­ a taxable year in respect of which a re­ products such as crude oil, raw gas, coal, tion processes) bear to each other. The computation is required, the sum of the iron ore, or crushed dolomite shall be foregoing rules shall apply even though depletion allowance or allowances as subtracted from gross income from the one of the principal purposes of an asso­ property. ciation is to advise, promote, or assist computed under this subdivision is less than the sum of the déplétion allowance (ii) A reasonable portion of the ex­ in the production, marketing, or sale of or allowances actually deducted for such penses of selling a refined, manufactured, refined, manufactured, or fabricated taxable year with respect to all the prop­ or fabricated product, shall be subtracted products. For example, a reasonable por­ erties required to be taken into account from gross income from the property. tion of the trade association dues paid in making the computation under this Such reasonable portion shall be equiva­ to an association which promotes the sale subdivision, then the total depletion lent to the typical selling expenses which of cement, refined petroleum, or copper allowance deducted by the taxpayer'for are incurred by unintegrated miners or products shall be subtracted from gross producers in the same mineral industry income from the property. such taxable year shall be reduced by the so as to maintain equality in the tax difference. The taxable income or net P ar. 8. Section 1.613-6, as redesignated, operating loss of the taxpayer for such treatment of unintegrated miners or is amended to read as follows: producers in comparison with integrated taxable year shall be adjusted to reflect § 1.613—6 Statement to be attached to such reduction for purposes of the re­ miner-manufacturers or producer-man­ computation of tax. However, if for a ufacturers. I f unintegrated miners or return when depletion is claimed on producers in the same mineral industry percentage basis. taxable year in respect of which- a re­ do not typically incur any selling ex­ computation is required, the sum of the In addition to the requirements set depletion allowance or allowances as penses, then no portion of the expenses forth in paragraph (g) of § 1.611-2, a of selling a refined, manufactured, or computed under this subdivision exceeds taxpayer who claims the percentage de­ the sum of the depletion allowance or fabricated product shall be subtracted pletion deduction under section 613 for allowances actually deducted for such from gross income from the property any taxable year shall attach to his re­ when determining the taxpayer’s taxable turn for such year a statement setting taxable year with respect to all the prop­ income from the property. forth in complete, summary form, with erties required to be taken into account (iii) For purposes of this subpara­ respect to each property for which such in making the computation under this graph, a product will be considered to be deduction is allowable, the following subdivision, the recomputation of tax for a raw mineral product if (in the case of information: oil and gas) it is sold in the immediate such taxable year is disregarded for pur­ (a) All data necessary for the deter­ poses of applying section 614(c) (4) .CB), vicinity of the well or if (in the case of mination of the “gross income from the minerals other than oil and gas) it is sold property”, as defined in §§ 1.613-3 and (C ), and (D ). under the conditions described in para­ 1.613-4, including— * * * * * graph (b) ( 1) of § 1.613-4. In addition, a [FR Doc.71-14344 Filed 9-30-71;8:45 am] product will be considered to be a raw (1) Amounts paid as rents or royal­ mineral product if only insubstantial ties including amounts which the recipi­ value is added, to the product by non­ ent treats under section 631(c), mining processes (or, in the case of oil' (2) Proportion and amount of bonus and gas, by conversion or transportation excluded, and DEPARTMENT OF AGRICULTURE Processes),. For example, in the case of a (3) Amounts paid to holders of other Consumer and Marketing Service Producer of crushed granite poultry grit, interests in the mineral deposit. t 7 CFR Part 932 1 botti bulk and bagged grit will be deemed (b) All additional data necessary for to be a raw mineral product for purposes the determination of the “taxable in­ OLIVES GROWN IN CALIFORNIA of the selling expense rule set forth in come from the property (computed with­ this subparagraph. out the allowance for depletion) ”, as de­ Proposed Modification of Grade (iv) The term “ selling expenses”, for fined in § 1.613-5. Requirements Purposes of this subparagraph, includes P ar. 9. Section 1.614-3 is amended by Notice is hereby given that the De­ sales management salaries, rent of sales revising paragraph (g) (3) (ii) thereof to partment ia considering a proposed offices, sales clerical expenses, salesmen’s read as follows: amendment, as hereinafter set forth, to

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19266 PROPOSED RULE MAKING the rules and regulations (Subpart— Ripe Olives in this title, shall grade at safety and health standards for con­ Rules and Regulations; 7 CPR 932.108- least U.S. Grade C and shall be prac­ struction. The notice is hereby supple­ 932.161; 36 F.R. 16185) currently effec­ tically free from identifiable units of mented to make more clear that the pro­ tive pursuant to the applicable provi­ pit caps, end slices, and slices (“practi­ posed amendments do not relate only to sions of the marketing agreement, as cally free from identifiable units” means • light residential construction. The pro­ amended, and Order No. 932, as amended that not more than 5 percent, by weight, » posed amendments relate to general con­ (7 CFR Part 932), regulating the han­ of the units of Chopped or Minced, style struction activities encompassed by the dling of olives grown in California, here­ of olives may be identifiable pit caps, terms of the proposed amendments. inafter referred to collectively as the end slices, or slices) : Provided, That “order”. This is a regulatory program packaged olives of the Chopped or Signed at Washington, D.C., this 29th effective under the Agricultural Market­ Minced style produced prior to Decem­ day of September 1971. ing Agreement Act of 1937, as amended ber 21,1970, may be shipped if such pack­ G. C. G uenther, (7 U.S.C. 601-674). aged olives comply with the applicable Assistant Secretary of Labor. The amendment to the said rules and requirements in effect, under this part, [FR Doc.71-14478 Filed 9-30-71;8T50 am] regulations was proposed by the Olive immediately prior to such date. Administrative Committee, established (e) With respect to the provisions of under the said marketing agreement and paragraphs (a), (b), and (c) of this sec­ order as the agency to administer the tion, any packaged olives of the specified terms and provisions thereof. styles, produced prior to September 1, DEPARTMENT OF The proposal reflects the committee’s 1970, may be shipped if such packaged evaluation of Cl) industry operations un­ olives comply with the applicable re­ TRANSPORTATION der the same requirements during quirements in effect, under this part, im­ National Highway Traffic Safety 1970- 71 and (2) the crop and marketing mediately prior to such date. conditions that will prevail during (f) Terms used in the amended mar­ Administration 1971- 72 which will be aided through im­ keting agreement and order shall, when [ 49 CFR Part 571 1 plementation of the amendment as here­ used herein, have the same meaning as inafter set forth. is given to the respective term in said [Docket 69-7; Notice 13] The proposed amendment involves amended marketing agreement and OCCUPANT CRASH PROTECTION order; “ U.S. Grade B,” “ U.S. Grade C,” § 932.149 by reestablishing, through a IN PASSENGER CARS new effective date, certain provisions and the terms “uniformity of size,” which modify the grade requirements for “ character,” “ absence of defects,” and Proposed Safety Standards Chopped or Minced style of canned ripe “ ripe type” shall have the same meaning olives. The modification is in the form as when used in the U.S. Standards for This notice proposes the addition of of certain requirements, as hereinafter Grades of Canned Ripe Olives an occupant crash protection option to set forth, which would be added to the (§§ 52.3751-52.3766 of this title; 36 F.R. Standard No. 208, to allow manufac­ specifications contained in U.S. Grade C 16567). turers to install seatbelts with ignition for such style. Shipments of Chopped or All persons who desire to submit interlocks for the period up to August 15, 1975. Minced style olives produced before written data, views, or arguments for Standard No. 208, Occupant Crash December 21, 1970 (the date when the consideration in connection with the Protection, in 49 CFR 571.21, was pub­ provisions of the current § 932.149(d) proposal may file the same, in quadrupli­ lished in the Federal R egister of became effective), would be exempt from cate, with the Hearing Clerk, U.S. March 10, 1971, 36 F.R. 4600, with an such additional requirements. The effec­ Department of Agriculture, Room 112, tive date of the exemption (December 21, amendment on July 8, 1971, 36 F.R. Administration Building, Washington, 12858. Petitions for reconsideration of 1970), specified by reference in the cur­ D.C. 20250, not later than the seventh rent provisions of § 932.149(e) would be the March 10 issuance were filed by sev­ day after publication of the notice in the eral persons, and amendments of the inserted therein and combined with a F ederal R egister. new paragraph (d ). standard in response to those petitions, All written submissions made pursuant along with denials of other requests, are Shipments of Whole, Pitted, and to this notice will be made available for published in this issue of the F ederal Broken pitted styles of canned ripe olives public inspection at the Office of the R egister, 36 F.R. 19254. produced prior to September 1, 1970, Hearing Clerk during regular business In response to requests by several would not be affected by this amendment. hours (7 CFR 1.27(b) ). manufacturers for a delay in the date by The effective date (September i, 1970) of Dated: September 27, 1971. which passive protection must be pro­ the applicable provisions as referenced vided in passenger cars, for the reasons by the current paragraph (f) would be P aul A. N icholson, discussed in the notice of action on the inserted therein and the paragraph re­ Deputy Director, Fruit and Veg­ petitions, it is hereby proposed that a designated as paragraph (e). Certain etable Division, Consumer third option be allowed for the period provisions currently contained in para­ and Marketing Service. from August 15, 1973, to August 15, 1975. graph (g) of the section are obsolete and [FR Doc.71-14432 Filed 9-30-71;8:45 am] Under the proposed option, manufac­ would be deleted as would the reference turers would install seatbelts with igni­ to paragraph (g) currently contained in tion interlocks in the front seating posi­ the introductory language. tions. With the minor amendments The proposal is as follows : DEPARTMENT OF LABOR proposed for S7.3.3 and S7.3.4, the inter­ Section 932.149, except paragraphs lock system would not conflict with the (a), (b), and (c) thereof, is amended to Occupational Safety and Health requirements effective January 1, 1972, read as follows: Administration and could therefore be installed at any § 932.149 Modified grade requirements time after that date. for specified styles o f canned olives E 29 CFR Parts 1518, 1910 ] The added option would have the fol­ of the ripe type. lowing requirements: SAFETY AND HEALTH REGULATIONS (1) Lap belts or nondetachable lap The grade requirement prescribed in FOR CONSTRUCTION and shoulder belt combinations would be § 932.52(a) (1) are modified as follows Clarification of Notice of Proposed installed in the front outboard seating with respect to specified styles of olives positions, and lap belts (either with or of the ripe type: Rule Making without shoulder belts) in the other seat­ * * * * On September 28,1971, there was pub­ ing positions. (d) On and after October 18, 1971,lished in the F ederal R egister (36 F.R. (2) An interlock system would prevent Chopped or Minced style of canned ripe 19083) a notice of proposed amendments the engine from starting if any front seat olives, as set'forth in § 52.3753(f) of the to Parts 1518 and 1910 of Title 29, Code occupants did not have their belts U.S. Standards for Grades of Canned of Federal Regulations, concerning fastened.

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 PROPOSED RULE MAKING 19267

(3) In order to prevent defeating the Standard No. 209 and S7.1 and S7.2 of (a) The vehicle ignition switch is in systems by leaving the belts fastened this standard, a seatbelt warning system the “on” position and the transmission permanently, it would be necessary to that conforms to S7.3, and an ignition gear selector is in any forward position; fasten the belts after an occupant is interlock system that conforms to S7.4; and seated, i.e., the seat sensor and the belt (c) At each other designated seating (b) A person of at least the weight of a switch would have to operate sequen­ position, have a Type 1 or Type 2 seatbelt 50th percentile 6-year-old child is seated tially, to start the engine. assembly that conforms to Standard No. in a center-front designated seating posi­ (4) Unfastening a belt would not stop 209 and S7.1 and S7.2 of this standard; tion and the lap belt for that position is the engine after it was started. (d) At each front outboard designated not in use, as determined, at the manu­ (5) A light-sound warning system seating position, meet the frontal crash facturer’s option, either by the belt latch would operate if a belt were unfastened protection requirements of S5.1, in a mechanism being f astened or the belt be­ after the engine was started, and perpendicular impact, with the test de­ ing extended at least 4 inches from its would also operate if the ignition were vice restrained by" a Type 1 seatbelt as­ stowed position. turned to the Start position with a belt sembly or a Type 2 seatbelt assembly 57.3.5.3 The provisions of S7.3.2 shall unfastened at an occupied front position. with a nondetachable upper torso por­ apply to all front seating positions. (6) In the front outboard seating posi­ tion; and 57.3.5.4 Notwithstanding the other tions, upper torso belts would operate (e) When it perpendicularly impacts provisions of S7.3, the warning system from emergency-locking (inertia reel) a fixed collision barrier, while moving shall activate whenever the ignition retractors, and the lap belts would have longitudinally forward at any speed up to switch is in the “start” position and the either emergency-locking or automatic- and including 30 m.p.h., under the test operation of the seatbelt systems re­ locking retractors. conditions of S8.1, with an anthropo­ quired by S7.4.1 to start the engine has (7) All belts would be required to con­ morphic test device at any front-center not been performed. form to Standard No. 209; the front out­ seating position restrained by a Type 1 57.4 Belt interlock system. board belts, whether lap belts or nonde- or Type 2 seatbelt assembly, experience 57.4.1 The engine starting system of tachable lap and shoulder belt combina­ no complete separation of any load- a passenger car manufactured in ac­ tions, would have to meet the injury cri­ bearing element of the seatbelt assembly cordance with S4.1.2.3 shall not be oper­ teria of the standard when tested with or anchorage. able when a person of at least the weight dummies in a 30-m.p.h. frontal barrier S4.1.2.3.2 Convertibles and open-body of a fifth percentile adult female is crash; and the lap belts in the front type vehicles shall at each designated seated at the driver’s seating position, or center position (if any) must "remain in­ seating position have a Type 1 or Type 2 a person of at least the weight of a 50th tact in the same crash test. Although a seatbelt assembly that conforms to percentile 6-year-old child is seated at detachable shoulder belt is not prohibited Standard No. 209 and to S7.1 and S7.2 of any other front designated seating posi­ this standard, and at each front desig­ at the front outboard positions, and as­ tion, unless the belt system at each oc­ nated seating position have a seatbelt sembly with a detachable shoulder belt cupied position is operated after the oc­ would have to meet the injury criteria warning system that conforms to S7.3, and an ignition interlock system that cupant is seated. At each seating posi­ with the lap belt alone. tion, the operation that allows the It is intended by this option to provide conforms to S7.4. 3. The following sentence would be starting of the engine shall be, at the a high level of seatbelt usage, and to manufacturer’s option, either the exten­ increase the life- and injury-saving ef­ added at the end of S7.1.1: “However, an upper torso restraint furnished in ac­ sion of the belt assembly at least 4 inches fectiveness of installed belt systems, in from its stowed position' or the fastening the interim period before passive systems cordance with S4.1.2.3.1(a) shall adjust by means of an emergency-locking re­ of the belt latch mechanism. are required. 57.4.2 A belt interlock system fur­ It is accordingly proposed that the tractor that conforms to Standard No. 209.” nished in accordance with S7.4.1 shall not following amendments be made to affect the operation of the vehicle when Standard No. 208, in 49 CFR 571.21: 4. S7.3 would be amended, and a new S7.4 added, to read as follows: the engine is running. 1. S4.1.2 would be amended to read as Interested persons are invited to sub­ follows: 57.3 Seatbelt warning system. The following provisions shall apply to all mit comments on the proposed amend­ S4.1.2 Passenger cars manufacturedseatbelt assemblies furnished in accord­ ments. Comments should identify the from August 15, 1973 to August 14, 1975. ance with S4.1.1 or S4.1.2, except as pro­ docket number and be submitted to: Passenger cars manufactured from Au­ vided by S7.3.5 with respect to belt inter­ Docket Section, National Highway Traf­ gust 15,1973 to August 14,1975, inclusive, lock systems furnished in accordance fic Safety Administration, Room 5221, shall meet the requirements of S4.1.2.1, with S4.1.2.3. 400 Seventh Street, SW., Washington, S4.1.2.2., or S4.1.2.3. A protection system 57.3.3 The warning system shall not DC 20590. It is requested but not required that meets the requirements of S4.1.2.1, activate if the vehicle has an automatic that 10 copies be submitted. or S4.1.2.2 may be installed at one or transmission, the ignition switch is in All comments received before the close more designated Seating positions of a the “on” position, and the gear selector of business on November 2, 1971, will be vehicle that otherwise meets the require­ is in the “park” position. considered, and will be available for ex­ ments of S4.1.2.3. 57.3.4 Notwithstanding the ^provi­ amination in the docket at the above ad­ 2. A new section S4.1.2.3 would be sions of S7.3.1, when the ignition switch dress both before and after the closing added, reading as follows: of a vehicle with a manual transmission date. To the extent possible, comments S4.1.2.3 Third option— lap and shoul­ is in the “on” position, the warning sys­ filed after the above date will also be con­ der belt protection system with ignition tem shall either— sidered by the Administration. However, interlock and belt warning. (a) Not activate when the transmis­ the rulemaking action may proceed at S4.1.2.3.1 Except for convertibles and sion is in neutral; or any time after that date, and comments open-body vehicles, the vehicles shall— (b) Not activate when the parking received after the closing date and too brake is engaged. late for consideration in regard to the (a) At each front outboard designated action will be treated as suggestions for seating position have a Type 1 seatbelt 57.3.5 The above provisions of S7.3 future rulemaking. The administration assembly or a Type 2 seatbelt assembly shall apply to seatbelt assemblies with will continue to file relevant material, as with a nondetachable upper torso portion interlock systems furnished in accord­ it becomes available, in the docket after that conforms to Standard No. 209 and ance with S4.1.2.3, with the following the closing date, and it is recommended S7.1 and S7.2 of this standard, a seatbelt exceptions. that interested persons continue to ex­ warning system that conforms to S7.3, 57.3.5.1 The warning system shall amine the docket for new materials. fPd an ignition interlock that conforms also be provided for the center-front to S7.4; Proposed effective date: January 1, seating position, if any. 1972. (b) At any center-front designated 57.3.5.2 In addition to the conditions ■Diis notice of proposed rule making seating position, have a Type 1 or Type 2 specified in S7.3.1, the warning system seatbelt assembly that conforms to is issued under the authority of sections shall activate if— 103 and 119 of the National Traffic and

FEDERAL REGISTER, V O L 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19268 PROPOSED RULE MAKING

Motor Vehicle Safety Act of 1966, 15 phosphate (expressed as naled) in or on pumpkins, rice, summer squash, toma­ U.S.C. 1392, 1407, and the delegations of mushrooms at 0. iT part per million from toes, winter squash. authority at 49 CFR 1.51 and 501.8. application of either insecticide. 2. In § 420.235, by revising the para­ Issued on September 29, 1971. Part 120, chapter I, title 21 was re­ graph “0.5 part per million * * *” as designated Part 420 and transferred to follows: R obert L . C arter^ chapter II I (36 F.R. 424). Acting Associate Administrator, Based on consideration given the data § 420.235 2,2-Dichlorovinyl dimethyl Motor Vehicle Programs. submitted in the petition and other phosphate; tolerances for residues. * * * * * [FR Doc.71—14488 Filed 9-30-71;8:50 am] relevant material, it is concluded that: 1. The pesticides are useful for the 0.5 part per million (expressed as purpose for which the tolerances are naled) in or on cucumbers and mush­ being established. rooms. ENVIRONMENTAL PROTECTION 2. The proposed usage is not reason­ * * * * 4c ably expected to result in residues of the Any person who has registered or sub­ AGENCY pesticides in eggs, meat, milk, and mitted an application for the registration poultry. The usage is classified in the of an economic poison under the Federal [ 21 CFR Part 420 1 category specified in § 420.6(a) (3). Insecticide, Fungicide, and Rodenticide TOLERANCES AND EXEMPTIONS 3. The proposed tolerance will protect Act containing any of the ingredients FROM TOLERANCES FOR PESTICIDE the public health. listed herein may request, within 30 days CHEMICALS IN OR ON RAW AGRI­ Therefore, pursuant to provisions of after publication hereof in the F ederal the Federal Food, Drug, and Cosmetic R eg ist e r , that this proposal be referred CULTURAL COMMODITIES Act (sec. 408(e), 68 Stat. 514; 21 U.S.C. to an advisory committee in accordance Naled and 2,2-Dichlorovinyl Dimethyl 346a(e)), the authority transferred to with section 408(e) of the act. Phosphate; Proposed Tolerance the Administrator (35 F.R. 15623), and Interested persons may, within 30 days the authority delegated by the Admin­ after publication hereof in the F ederal Dr. C. C. Compton, Coordinator, Inter­ istrator to the Deputy Assistant Admin­ R e g ister , file with the Objections Clerk, regional Research Project No. 4, State istrator for Pesticides Programs of the Environmental Protection Agency, 1626 Agricultural Experiment Station, Rut­ Environmental Protection Agency (36 K Street NW., Washington, DC 20460, gers University, New Brunswick,, N.J. F.R. 9038), it is proposed that Part 420 be written comments (preferably in quin- 08903, on behalf of the Agricultural amended, as follows: tuplicate) regarding this proposal. Com­ Experiment Stations of Delaware, Michi­ 1. In § 420.215, by revising the para­ments may be accompanied by a memo­ gan, Minnesota, and Pennsylvania; the graph “0.5 part per million * * *” as randum or brief in support thereof. U.S. Department of Agriculture; the follows: 'Dated: September 24, 1971. American Mushroom Institute; and mushroom growers submitted a petition § 420.215 Naled; tolerances for residues. W il l ia m M . U p h o l t , (PP 1E1100) proposing establishment of * * * * * Deputy Assistant Administrator tolerances for residues of the insecticides , 0.5 part per million in or on cucumbers, for Pesticides Programs. naled and 2,2-dichlorovinyl dimethyl eggplants, melons, mushrooms, peppers, [FR Doc.71-14403 Filed 9-30-71;8:47 am]

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19269 Notices

PUERTO RICO viduals responsible for the management DEPARTMENT OF THE INTERIOR and policies of the company at the time Maximum Level of Imports of the violation occurred (September 20 to Bureau of Land Management Finished Products November 25, 1968) are no longer con­ CHIEF, DIVISION OF MANAGEMENT Pursuant to Proclamation 3279, as nected with the company. Except for SERVICES, IDAHO STATE OFFICE, amended, I prescribe that for the alloca­ some minor holdings of several individ­ ET AL. tion period January 1, 1971, through uals the present stockholders of the December 31, 1971, the maximum level company are different from the stock­ Delegation of Authority Regarding of imports of finished products (exclud­ holders at the time of the violation. Contracts and Leases ing residual fuel oil to be used as fuel) 2. The individual employed by Gold­ schmidt at the time of the violation who September 22, 1971. into Puerto Rico established by section 14 of Oil Import Regulation 1, as revised was the principal participant on behalf A. Pursuant to delegation of authority of said firm in the transaction described and amended, is adjusted upward by 300 contained in Bureau Manual, 1510.03B2d, in the order of July 28, 1971 (36 F.R. the Chief, Division of Management Serv­ average barrels daily to permit the im­ portation of propane and butane. 14489), is no longer connected with Gold­ ices, State Office; Chief, Branch of Ad­ schmidt or any of its affiliates. ministrative Management, State Office; H o l l is M . D o l e , 3. Evidence presented by respondent District Managers; and Chief, Division Assistant Secretary of the Interior. on the matter of reopening demonstrates of Administration in each District Office, that the impact of the denial order of S e pte m b e r 24, 1971. are authorized: July 28, 1971, against Goldschmidt and 1. To enter into contracts with estab­ -[F R Doc.71-14421 Filed 9-30-71; 8:47 am] its affiliates is much more severe than lished sources for supplies and services, was contemplated at the time the order excluding capitalized equipment, regard­ was issued and that the sanction therein less of amount, and J goes beyond that which is necessary in 2. To enter into contracts on the open DEPARTMENT OF COMMERCE this case to accomplish the remedial pur­ market for supplies and materials, ex­ Bureau of International Commerce pose of sanctions. cluding capitalized equipment, not to [Case 413] 4. There is reason to believe that the exceed $2,500 per transaction ($2,000 for respondent and its affiliates will comply construction), provided that the require­ J,A. GOLDSCHMIDT S.A. with the provisions of the Export Admin­ ment is not available from established istration Act of 1969 and the regulations sources, and Order Restoring Export Privileges and orders issued thereunder. 3. To enter into negotiated contracts Conditionally and Placing Respond­ Based on the foregoing I have con­ pursuant to section 302(c)(2) of the ent on Probation cluded that the purposes of the Export FPAS Act, regardless of amount. This On July 28, 1971, effective August 5, Administration Act will be achieved if authority is to be used for rental of equip­ 1971 (36 P.R. 14489), an order was is­ respondent’s export privileges are re­ ment and aircraft and for procurement sued against the above-named respond­ stored conditionally and it is placed on of supplies and services required for ent, J.A. Goldschmidt S.A., 149 rue probation until August 5,1974. emergency fire suppression and presup­ Saint Honoré, Paris 1, Prance, denying Accordingly, it is hereby ordered: pression, where the order exceeds $2,500. all U.S. export privileges for 9 months I. The export privileges of the above W il l ia m L . M a t h e w s , and thereafter placing respondent on respondent are hereby restored condi­ State Director. probation for the remainder of 3 years. tionally and said respondent is placed on probation until August 5, 1974. The [FR Doc.71-14423 Filed 9-30-71;8:47 am] On August 18, 1971 (36 F.R. 16523), an order was issued suspending the effec­ conditions of probation are that the re­ spondent shall fully comply with all re­ Office of the Secretary tiveness of the sanctions in the order of July 28, 1971, until further notice.^ quirements of the Export Administration T. C. LOCKHART Act of 1969 and all regulations, licenses, On August ^5, 1971, the respondent and orders issued thereunder. Statement of Changes in Financial filed a request for reopening of the II. Upon a finding by the Director, O f­ Interests hearing for the purpose of reconsidera­ fice of Export Control or such other tion of sanctions that were imposed. official as may be exercising the duties In accordance with the requirements Evidence in support of such request was now exercised by him, that the respond­ of section 710(b) (6) of the Defense Pro­ presented. Significant portions of this ent has knowingly failed to comply with duction Act of 1950, as, amended, and evidence were not available at the time the requirements and conditions of this of the original hearing in the case. Executive Order 10647 of November 28, order or with any of the conditions of 1955, the following changes have taken A hearing on the matter of reopening probation said official without notice, Place in my financial interests during was held before the Compliance Com­ when national security or foreign policy the past 6 months: missioner on September 2, 1971, and he considerations are involved, or with (1) None. has submitted a report and recommen­ notice if such considerations are not in­ (2) Delete: Aquataine and Pacific Petro­ dation. After considering the entire rec­ volved, by supplemental order may re­ leums. Add: Ashland Oil and Archer Daniels ord in the case and the report and voke the probation of said respondent, Midland. recommendation of the Compliance Com­ (3) None. revoke all outstanding validated export (4) None. missioner, I confirm the findings of fact licenses to which said respondent may be in the order of July 28, 1971, and I a party and deny to said respondent all This statement is made as of Septem­ make the following additional findings export privileges for the remaining period ber 22,1971. of fact. of the order. Such supplemental order Dated: September 17,1971. 1. The respondent J.A. Goldschmidt shall not preclude the Bureau of Inter­ S.A. (hereinafter Goldschmidt), because national Commerce from taking such T . C . L o c k h a r t . of financial difficulties underwent com­ further action for any violation as it [FR Doc.71-14422 Filed 9-30-71; 8:47 am] plete reorganization in 1969. The indi­ shall deem warranted, On the entry

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 No. 191 19270 NOTICES of a supplemental order revoking re­ Sec. 5. Administrative Management Program Secretary Officer involved, to spondent’s probation without notice it Division. The Administrative Manage­ particular operating units. may file objections and request that such ment Division shall : .02 The Director shall also manage order be set aside and may request an a. Plan and coordinate budget and fis­ the Working Capital Fund of the Office oral hearing as provided in § 388.16 of cal programs, including the internal al­ of the Secretary, which responsibility the Export Control Regulations, but locations and control of funds; and col­ shall consist of proposing financial poli­ pending such further proceedings the laborate with the Budget Division of the cies on operating the Fund for the order of revocation shall remain in National Bureau of Standards in pre­ Assistant Secretary for Administration, effect. paring official budget estimates for prescribing rules and procedures on use in. This order shall apply to not only NTIS; of the Fund, giving financial manage­ the respondent but also to its represent­ b. Represent NTIS in relations with ment instructions to heads of Depart­ atives, agents, and employees and also to the Office of the Secretary and the Na­ mental offices responsible for services parties related to respondent within the tional Bureau of Standards with respect being financed through the Fund, and meaning of § 387.10(b) (2) of the Export to provision of administrative support to taking other actions as may be required Control Regulations. NTIS, and carry out such actions within to maintain liquidity of the Fund. NTIS as will facilitate the rendering of Sec. 4. Organization. Under the direc­ Dated: September 27,1971. such services; tion and supervision of the Director, the R auer H. M eyer, c. Prepare production reports on oper­ functions of the Office of Financial and Director, Office of Export Control. ations of NTIS and conduct cost and Computer Services shall be organized [P R Doc.71-14434 Filed 9-30-71;8:48 am] production analyses for use in making and carried out as provided below. program decisions and in setting charges .01 The Budget Staff shall provide for various services ; budgetary services for the Office of the Office of the Secretary d. Participate in the negotiation of in­ Secretary, and for assigned operating teragency working agreements on serv­ units. [Dept. Organization Order 30-7B] ices to be rendered by NTIS for such .02 The Central Accounting Division NATIONAL TECHNICAL agencies; shall provide accounting, payrolling and related services for the Office of the Sec­ INFORMATION SERVICE e. Provide common administrative services required which are not to be retary, Regional Economic Development Organization and Functions provided by the Office of the Secretary Commissions, and for assigned operating or the National Bureau of Standards; units. This division shall also be respon­ This material supersedes the material f. Conduct user studies and research sible for developing and assuring com­ appearing at 35 F.R. 14476 of Septem­ and analysis to determine how informa­ pliance with all accounting, payroll and ber 15, 1970. tion can be made most available and related and office-wide systems and pro­ Section 1. Purpose. This order pre­ valuable to the users of the services of cedures, and for receipt and distribution scribes the organization and assignment NTIS; and of all incoming and outgoing mail and of functions within the National Tech­ g. Study the activities of the Opera­ miscellaneous office services for the Office nical Information Service (N T IS ). tions Division and design improvements of Financial and Computer Services. This Sec. 2. Organization Structure. The to increase effectiveness and efficiency. division shall also be responsible for the principal organization structure and line consolidated billings of the Department of authority of the National Technical Effective date: September 15, 1971. and for the preparation of selected Information Service shall be as depicted L arry A. Jobe, formal consolidated accounting state­ in the attached organization chart. (A Assistant Secretary ments for the Department. copy of the organization chart, is on file for Administration. .03 The Data Processing Division with the original of this document with [PR Doc.71-14427 Piled 9-30-7tT8:47 am] shall provide computer and related data the Office of the Federal Register.) processing services for the central ac­ Sec. 3. Office of the Director. .01 The counting and payrolling functions, other Director, as the head of NTIS, directs [Dept. Organization Order 20-5] administrative functions in the Office and is responsible for all activities of the OFFICE OF FINANCIAL AND of the Secretary, and shall provide such organization. ADP services for particular operating .02 The Deputy Director assists the COMPUTER SERVICES units as may be assigned. Director in managing NTIS and per­ Delegation of Authority Sec. 5. Effect on other orders. This forms the functions of the Director dur­ order supersedes Department Organiza­ ing his absence. This material supersedes the material tion Order 20-5 (formerly DO 134-10) of appearing at 34 F.R. 12459 of July 30, Sec. 4. Operations Division. The Oper­ July 1,1969. ations Division shall: 1969. Section 1. Purpose. This order pre­ Effective date: September 13,1971. a. Acquire reports of research and de­ scribes the functions and organization L arry A. Jobe, velopment conducted by agencies of the of the Office of Financial and Computer Assistant Secretary Federal Government, State and local Services. for Administration. governments, and private organiziations, ec S . 2. Status and line of authority. [FR Doc.71-14428 Piled 9-30-71;8:47 am] as appropriate; The Office of Financial and Computer b. Acquire business and statistical in­ Services, a Departmental office, shall be formation produced by operating units headed by a Director, who shall report of the Department, as will assist the and be responsible to the Assistant Sec­ DEPARTMENT OF AGRICULTURE units in the effective dissemination of retary for Administration. such information; Sec. 3. Functions. .01 Pursuant to Consumer and Marketing Service c. Abstract, index, and announce the the authority vested in the Assistant Sec­ HUMANELY SLAUGHTERED availability of the information within its retary for Administration by Department holdings; and Organization Order 10-5 and subject to LIVESTOCK d. Reproduce as necessary, and sell or such policies and directives as the Assist­ Identification of Carcasses; Changes lease for an appropriate fee the NTIS ant Secretary for Administration may in List of Establishments collection of reports, microforms, com­ prescribe, the office shall provide ac­ puter tapes, and other media for stored counting, related financial services, and Pursuant jbo section 4 of the Act of information as may be necessary to in­ computer and related data processing August 27, 1958 (7 U.S.C. 1904), and the crease the availability of information to services to the Office of the Secretary, statement of policy thereunder in 9 CFK business and industry, to Federal agen­ and, as may be designated by the 381.1, the'list (36 F.R. 17451) of estab­ cies, to State and local governments, and Secretary or as agreed, by the Assistant lishments which are operated under Fed­ the general public. Secretary for Administration and the eral inspection pursuant to the Federa

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 NOTICES 19271

Meat Inspection Act (21 U.S.C. 601 et Seitz-Bowers Processing Plant, Estab­ the products of such establishments. seq.) and which use humane methods of lishment 7685, and the reference to cattle However, if the Secretary had reason to slaughter and incidental handling of live­ and swine with respect to such establish­ believe that the State would activate the stock is hereby amended as follows: ment are deleted. The reference to necessary requirements within an addi­ The reference to swine with respect to Bruno’s Packing Co., Establishment 7804, tional year, he could allow the State the Bub Davis Packing Co., Establishment and the reference to cattle, calves, and additional year in which to activate 171, is deleted. The reference to Sam sheep with respect to such establishment such requirements. Kane Packing Co., Establishment 337, are deleted. The Secretary had reason to believe, and the reference to cattle and calves The following table lists species at after consultation with the Governor of with respect to such establishment are additional establishments and additional the State of Pennsylvania, that the deleted. The reference to swine with re­ species at previously listed establish­ State would develop and activate the pre­ spect to Missouri Valley Meat, Establish­ ments that have been reported as being scribed requirements by August 18, 1971, ment 7604, is deleted. The reference to slaughtered and handled humanely. and accordingly allowed the State the additional period of time for this pur­ Establishments Slaughtering H umanely pose. However, the Governor has now advised the Secretary that the State of Name of establishment Establishment No. Cattle Calves Sheep Coats Swine Horses Mules Pennsylvania will not be in a position to enforce such requirements. Therefore, 90...... (*) ...... notice is hereby given that the Secretary 90-A...... (*) 90-R (*) of Agriculture designates said State un­ 390-0 _. (*) der subsection 5 (c) of the Act. Upon the 648 .... (*) 600 (*) (*) ...... expiration of 30 days after publication 020 <*> of this notice in the F ederal R e g ister , 2283____ . (♦) 2391. (») the provisions of sections 1-4, 6-10, and »6 4. (*) (*) (*) (*>. 12-22 of the Act shall apply to intrastate 0021 (*) ...... operations and transactions and per­ 0792. (*) 0924. ... (*) (*) ...... sons engaged therein, in said State, to 7128 (*) (*) ■ (*) the same, extent and in the same man­ Harrisonburg Wholesale Meat Co., Inc. 7420_____ , (*) ...... Rnttrey Food Stores Division...... 7089. (*) (*) (*) 0 ) (•\ ner as if such operations and transac­ 7800. . (*)(*) (*) <*> tions were conducted in or for “ com­ 7931 <*\ 7937. (*) (*) • merce,” within the meaning of the Act, 8920 (*) (*) 1 r-...... and any establishment in said State 8927. (*) (*\ Froz-N-Food Co______8930...... (*) (*) ...... which conducts any slaughtering of poul­ New Munich Locker Plant______8901____ (*) (*\ try or processing of poultry products as Greenwald Looker Plant, 8982 H (*\ described above must have Federal in­ New establishments reported: 24. 11 _ (*) (*) spection or cease its operations, unless Central Packing Co.. Inn ...... 96... __ . (*) ■ it qualifies for an exemption under sub­ 127 . (*) Hynes Packing Co___~___ 1______197______(*) section 5(c) (2) or section 15 of the Act. Fineherg Packing C o. _ ...... 428______(*) Therefore, the operator of each such Colorado West Packing, Tnc____ 602 ...... (*) establishment in the State of Pennsyl­ Hatfield Packing C o ...______791 O m s . (*) • vania who desires to continue such op­ Department of Animal Science, Colo- 2263 (*) erations after designation of the State rado State University. Ben Grantham Meat Packers...... 2290 _ - (*) ...... becomes effective should immediately Animal Science Division, University 6004 (*) communicate with the Regional Direc­ of Nevada. tor specified below: Bergman Meat Packing Co., Inc______6788...... (*) Interstate Packing Co _ 7056 (*) Carolina Abattoir^ Inc ...... 7404. (*) . Dr. C. F. Diehl, Director, Northeastern Re­ City Meat & Locker______7044. (*) gion for Meat and Poultry Inspection Rahr Meat Service 7678____ (*) Program, Seventh Floor, 1421 Cherry Rocky Mountain Packing Co 7690 (*) Street, Philadelphia, PA 19102, Telephone: Triangle Packing C o___"______7091. (*) AC 215/597-4216. Marias Packing On. . . 7692 (*) Roberts Packing Plant______7708...... (*) - Fehr’s Sausage & Processing...... 7788. (*) Done at Washington, D.C., on Septem­ City Meat Market______8960 1*1 ber 27, 1971. Fosston Coop Association______8974_____ (*) - G . R. G range, Valley M eats..______8976 . h . Species added: 26. Acting Administrator. [FR Doc.71-14430 Filed 9-30-71:8:45 am] Done at Washington, D.C., on September 27,1971.

K e n n e t h M . M cE n r o e , Deputy Administrator, Meat and Poultry Inspection Program. DEPARTMENT OF HEALTH, [F R Doc.71-14387 Filed 9-30-71;8:45 am ] EDUCATION, AND WELFARE Office of 4he Secretary POULTRY INSPECTION articles subject to the Act, if he deter­ mined after consultation with the INPATIENT HOSPITAL DEDUCTIBLE Notice of Designation of Pennsylvania Governor of the State, or his representa­ FOR 1972 tive, that the State _involved had not Subsection 5(c) of the Poultry Prod­ Average Per Diem Rate ucts Inspection Act (21 U.S.C. 454(c) ) developed and activated requirements at least equal to those under sections 1-4, Pursuant to the requirements of sec­ required the Secretary of Agriculture to 6- 10, and 12- 22, with respect to all es­ designate promptly after August 18, tion 1813(b) (2) of the Social Security Act tablishments within the State (except (42 U.S.C. 1395e(b) (2 )), as amended, I 1970, any State as one in which the re­ those that would be exempted from hereby determine and announce that the quirements of sections 1-4, 6-10, and 12- Federal inspection under subsection 5(c) dollar amount which shall be applicable 22 of said Act would apply to intrastate (2) of the A c t), at which poultry are for the inpatient hospital deductible, for operations and transactions, and to per­ slaughtered or poultry products are purposes of section 1813(a) of the Act, as sons engaged therein, with respect to processed for use as human food, solely amended, shall be $68 in the case of any Poultry, poultry products and other for distribution within such State, and spell of illness beginning during 1972.

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19272 NOTICES

There follows a statement of the In order to accurately reflect the of parties; and (5) proposed procedural actuarial bases employed in arriving at change in the average per diem hospital dates. The Bureau of Operating Rights the amount of $68 for the inpatient hos­ cost under the program, the average will circulate its material on or before pital deductible for the calendar year interim cost (as shown in the tabula­ October 12, 1971, and the other parties 1972 (as contrasted with the figures of tions) must be adjusted for (i) the effect on or before October 21, 1971. The sub­ $40 applicable for the period from July of final cost settlements made with each missions of the other parties shall be 1966 through December 1968, $44 for provider of services after the end of its limited to points on which they differ calendar year 1969, $52 for calendar year fiscal year to adjust the reimbursement with the Bureau of Operating Rights. 1970* and $60 for calendar year 1971), to that provider from the amount paid Motions concerning the scope of the Certain other cost-sharing provisions during that year on an interim basis to proceeding shall be filed on or before under the Hospital Insurance program the actual cost of providing covered serv­ October 12, 1971, and answers thereto are also affected by changes in the ices to beneficiaries, and (ii) for changes, shall be filed on or before October 21, amount of “ the inpatient hospital in the benefit structure since the base 1971. deductible. year, 1966. To the extent that the ratio Dated at Washington, D.C., Septem­ The law provides that, for calendar of final cost to interim cost is different in ber 27, 1971. ^ years after 1968, the inpatient hospital the current year than it was in 1966, the deductible shall be equal to $40 multi­ increase in average interim per diem costs [ s e a l ] R a l p h L. W iser', plied by the ratio of ( 1) the current Will not coincide with the increase in Chief Examiner. average per diem rate for inpatient hos­ actual cost that has occurred. The in­ [PR Doc.71-14436 Filed 9-30-71:8:48 am] pital services for the calendar year pre­ clusion of the lifetime reserve days in the ceding the year in which the promulga­ current tabulation of the average interim tion is made (in this case, 1970) to (2) per diem cost when such days were not [Docket No. 21866-9; Order 71-9-99] the current average per diem rate for included in the corresponding tabulation NORTHWEST AIRLINES, INC. such services for 1966. The law further for the base year, 1966, will understate provides that, if the amount so deter­ the estimate of the increase in cost that Order of Suspension mined is not an even multiple of $4, it has occurred, because the average cost shall be rounded to the nearest multiple per day of very long confinements in a Adopted by the Civil Aeronautics of *$4. Further, it is provided that the hospital is less than the average for all Board at its office in Washington, D.C., current average per diem rates referred confinements. In order to estimate the on the 27th day Of September 1971. to shall be determined by the Secretary increase in average per diem cost that has By tariff revisions1 marked to become of Health, Education, and Welfare from occurred, a comparison must be based on effective October 11, 1971, Northwest the best available information as to the similar benefits in the two periods (1970 Airlines, Inc. (Northwest) proposes to amounts paid under the program for in­ and 1966); thus the effect of lifetime revise the applicability of its deluxe night patient hospital services furnished dur­ reserve days must be eliminated from the coach and night coach fares so as to ing the year by hospitals who are quali­ current year tabulation. The best data apply on flights departing Miami for fied to participate in the program, and available indicates that these adjust­ Chicago, Milwaukee, and Minneapolis for whom there is an agreement to do so, ments do not change the ratio shown between the hours of 9 p.m. and 3.59 a.m., for individuals who are entitled to bene­ above by enough to result in a different instead of the present 10 p.m. and fits as a result of insured status under the deductible for 1972. The values shown in 3:59 a.m. Old-Age, Survivors, and Disability In­ this report do not reflect these adjust­ In support of the proposed revision, surance program or the Railroad Retire­ ments for final cost settlements or life­ Northwest alleges that it is being made ment Program. time reserve days. When the ratio of 1.665 to provide additional convenience to pas­ The data available to make the neces­ is multiplied by $40, it produces an sengers in making connections to more, sary computations of the current average amount of $66.60, which must be rounded distant locations, and that it will permit per diem rates for calendar years 1966 to $68. Accordingly, the inpatient hos­ more efficient crew utilization and use and 1970 are derived from individual in­ pital deductible for spells of illness begin­ of personnel and facilities, and result in patient hospital bills that are recorded ning during calendar year 1972 is $68. a reduction of expenses. on a 100 percent basis in the records of Dated: September 29, 1971. Delta Air Lines, Inc. (Delta) and East­ the program. These records show, for ern Air Lines, Inc. (Eastern) have filed each bill, the total inpatient days of care, E l l io t L. R ic h a r d s o n , complaints requesting that Northwest’s the interim reimbursement amount, and Secretary. proposal be suspended and investigated.2 the total cost (the sum of interim reim­ [PR Doc.71-14499 Piled 9-30-71:8:50 am] The complainants allege that North­ bursement, deductible, and coinsurance). west’s proposal has not been justified; Each individual bill is assigned both that it violates the Board’s off-peak pric­ an initial month and a terminal month, ing policy and will have an adverse im­ as determined from the first day covered CIVIL AERONAUTICS BOARD pact on other carriers; that Northwest by the bill and the last,day so covered. ignores the fact that most deviations Insofar as the initial month and the [Docket No. 23852] from traditional night coach hours have terminal month fall in the same calendar been justified on the basis of specific year, no problems of classification occur. NORTHWEST AIRLINES, INC., AND NATIONAL AIRLINES, INC. circumstances obtaining in a given mar­ Two tabulations are prepared, one ket; and that Northwest’s justification is summarizing the bills with each assigned based on irrelevant generalizations and to the year in which the^ period it covers Notice of Prehearing Conference Regarding Merger Agreement misleading statements. In addition, the begins, and the other summarizing the complainants contend that exceptions in­ same bills with each assigned to the year Notice is hereby given that a prehear­ volving connecting service previously ap­ in which the period it covers ends. The ing conference in the above-entitled proved by'the Board were to facilitate true value with respect to the costs for a matter is assigned to be held on Octo­ connections between night coach serv­ given year on an accurate accrual basis ber 28, 1971, at 10 a.m., local time, in ices, thus enabling a through night coach should fall between the amount of total Room 911, Universal Building, 1825 fare, and that Northwest does not oper­ costs shown for bills beginning in that Connecticut Avenue NW., Washington, ate any night coach fare service out of year and the amount shown for bills end­ DC, before Associate Chief Examiner Chicago, Milwaukee, or Minneapolis with ing in that year. Robert L. Park. The current average per diem rate for which a 9 p.m. Miami origination could In order to facilitate the conduct of inpatient hospital services for calendar connect. In conclusion, the carriers allege year 1966, on the basis described, is the conference parties-are instructed to $37.92, while the corresponding figure submit to the examiner and other parties ( 1) proposed statements of issues; (2) 1 Revisions to Airline Tariff Publishers, for calendar year 1970 is $63.14. Accord­ Inc., agent, Tariff CAB No. 136. ingly, the ratio of the 1970 rate to the proposed stipulations; (3) requests for “ The complaints have also filed to m a t c h 1966 rate is 1.665. information; (4) statement of positions Northwest's revisions as a defensive m e a s u r e .

FEDERAL REGISTER, VOL. 36, NO. 191-—FRIDAY, OCTOBER-1, 1971 NOTICES 19273 that Northwest’s proposal is an attempt are suspended and their use deferred to of origin—Los Angeles, San Diego, and to achieve a more prominent position in and including January 8, 1972, unless San Francisco— will be permitted on Fri­ the Miami-Chicago market. otherwise ordered by the Board, and that day, Saturday, and Sunday only, while Northwest, in answer to the complaint, no changes be made therein during the return travel is permitted any day of the alleges that beginning December 15,1971, period of suspension except by order or week but Monday and Thursday. Return it will operate Plight 724 departing special permission of the Board; limits are 7 days minimum and 30 days Miami at 9 p.m., arriving in Chicago at 2. Except to the extent granted herein, maximum. Pan American World Airways, 10:52 p.m. and Minneapolis at 12:39 a.m. the complaints of Delta Air Lines, Inc., Inc. (Pan American), Trans World Air­ The proposed flight is scheduled to op­ in Docket 23805, and Eastern Air Lines, lines, Inc. (T W A ) and Western Air Lines, erate on Friday, Saturday, and Sunday. ■ Inc., in Docket 23813 are hereby dis­ Inc. (Western) propose to match United Thè carrier states that it is necessary to missed; and in competitive markets, and in addition arrive in Minneapolis as early as possible 3. Copies of this order be served upon Pan American proposes to establish due to an operations curfew at that Delta Air Lines, Inc., Eastern Air Lines, similar fares at Portland and Seattle. point, and furthermore allegés that its Inc., and Northwest Airlines, Inc. 2. United’s proposed G IT fares from request is justified based on the incon­ Hawaii to Reno or Las Vegas and return venience of arrival times at Chicago and This order will be published in the aré for groups of 40 or more. The price Minneapolis. F ederal R eg iste r . per passenger is $150 to either destina­ Upon consideration of all relevant By the Civil Aeronautics Board. tion and a minimum air tour purchase matters, the Board finds that the pro­ of $40 for 4 days and $10 for eâch addi­ posed revision in the application of night [ s e a l ] H a r r y J. Z i n k , tional day in excess of 4 days applies. coach fares from Miami to Chicago, M il­ Secretary. There is a 3-day minimum-stay require­ waukee, and Minneapolis may be unjust [FR Doc.71-14438 Filed 9-30-71;8:48 am ] ment and the maximum is 30 days. or unreasonable or ' unjustly discrimi­ Travel applies at all times except the natory or unduly preferential or unduly fares are blacked out from December 17, prejudicial or otherwise unlawful and [Docket No. 22157] 1971, through January 8, 1972. The pro­ should be suspended. These fares are al­ UNITED AIR LINES, INC. posed fares reflect discounts from coach ready under investigation in the Domes­ fares of 32 to 44 percent. Pan American tic Passenger-Fare Investigation, Docket Notice of Oral Argument Regarding (jointly with other carriers),‘ Northwest 21866-9. Specific Commodity Rates on Pe­ Airlines, Inc. (jointly with Air W est), Northwest justifies its proposal in riodicals, Floral Products, and and Western have proposed similar fares terms of general allegations of increased Seafood to Las Vegas and Reno, and TW A has operating efficiencies and greater con­ proposed to match United at Las Vegas venience for passengers connecting at Notice is hereby given pursuant to the only. the three northern points. Since the provisions of the Federal Aviation Act of In support of its proposed West Coast- flight involved is scheduled to operate 1958, as amended, that oral argument in Hawaii G IT fares, United alleges that only on the 3 weekend days, we question the above-entitled matter is assigned to present Hawaiian G IT fares have been whether any improvement in operating be held on October 13, 1971, at 10 a.m. very successful in opening a new air efficiency which might result would local time, in Room 1027, Universal travel market as indicated by the fact materially affect the carrier’s overall ex­ Building, 1825 Connecticut Avenue NW., that up to 80 percent of the traffic using pense level. Washington, D.C., before the Board. the fares was generated, i.e., would not Insofar as the alleged convenience to Dated at Washington, DC., Septem­ have made the trip absent the low total connecting passengers is concerned, the ber 28, 1971. papkage price. The carrier believes that Board has in the past permitted devia­ extension of the fares to the west coast tions from normal night coach departure [ s e a l ] R a l p h L. W ise r , points will make low-priced package Chief Examiner. hours to facilitate connections with on­ tours available to substantially more peo­ ward night coach services at the through [FR Doc.71-14437 Filed 9-30-71;8:48 am] ple than at present, although it recog­ fare. However, the volume of night coach nizes that the total response may be service operated by Northwest out of the [Docket No. 23854; Order 71-9-87] somewhat less than that experienced northern points is quite limited. In our with present Hawaiian G IT fares because opinion Northwest has neither shown UNITED AIR LINES, INC. of the availability of low regular fares that 9 p.m. departures from Miami in in the proposed markets. United esti­ these markets would be “ off peak” within Order of Investigation and mates that no more than 40 percent of the the meaning of § 399.33(a) of our regu­ Suspension passengers using the proposed fare will lations nor that a valid basis exists for be diverted from existing fares and that an exception to the rule.3 Adopted by the Civil Aeronautics Board at its office in Washington, D.C., on the it will experience ‘a profit of $244,000 Accordingly, pursuant to the Federal annually. Aviation Act of 1958, and particularly 24th day of September 1971. sections 204, 403, 404, and 1002 thereof, By tariff revisions1 marked to become Western has filed a complaint request­ ing investigation and suspension alleging It is ordered, That, 1. Pending hearing effective October 1, 1971, United Air Lines, Inc. (United) proposes round-trip that the proposal will depress further a and decision by the Board, the Excep­ very low fare structure. It notes that the tion 6 to Application of Fare Class group inclusive tour basing (G IT ) fares from the West Coast to Hawaii and re­ proposal requires travel to commence on FN(A) and Fare Class Y N (A ) on 13th those days when on-peak fares apply Revised Page 247, Exception 5 to Appli­ turn, and from Hawaii to Las Vegas or which could undermine the intended ef­ cation of Fare Class FN(1) and Fare Reno and return, as set out below. fects of off-peak coach/economy fares by Class Y N (1) on 18th Revised Page 305, 1. United’s proposed West Coast- causing traffic to revert to its old pattern Exception 3 to Application of Fare Class Hawaii G IT fares apply to groups of 88, when passenger movement peaked heav­ PN on 7th Revised Page 575 and Excep­ 105, or 154 or more in coach service and tion 3 to Application of Fare Class YN ily during the weekend. Western further are at a rate-per-mile equivalent to pres­ alleges that United’s diversion estimates on 10th Revised Page 579 of Airline Tariff ent East Coast-Hawaii G IT fares. The Publishers, Inc., Agent’s CAB No. 136 of 40 percent is significantly understated proposed fares reflect discounts of 18.5 and that because of the vast array of low- to 42.3 percent from coach fares and 10.2 priced fare possibilities, it is> unlikely that to 37.2 from economy fares. The fares re­ ’ The FAA has advised us that there is the fares will generate any significant quire the additional purchase of travel- presently no curfew on night operations at new traffic. It asserts that United’s esti­ Minneapolis but that the city has requested related ground .services of at least $75. mated profit of $244,000 would be wiped that carriers not add any additional arrivals Westbound travel from the three points or departures between 12 midnight and out if the traffic carried represented less 6 a.m. A 9 p.m. departure from Miami with than 46 percent génération. (United es­ a stop at Chicago would arrive in Minneapo­ 1 Revisions to Airline Tariff Publishers, Inc., timates 60 percent generation— 40 per­ lis after 12 midnight. agent, Tariffs Nos. CAB 136 and 142. cent diversion.)

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19274 NOTICES

Western also alleges that Mainland- that it will contribute $101,000 annually sections 204(a), 403, 404, and 1002 Hawaii traffic increased 5.4 percent dur­ toward its profits. thereof, ing the first 6 months of 1971 versus the Western has complained against this I t is ordered, That: corresponding period a year ago, and proposal alleging that virtually all of the 1. An investigation be instituted to that the problem in the Hawaii market traffic United claims will be generated, determine whether the fares and provi­ is not sagging growth, but excess capac­ will be diverted from Western. Western sions described in appendix A attached ity brought about by certain carriers states that because of its long-haul re­ hereto,3 and rules, regulations, and flooding the market with wide-bodied strictions it must maintain a flow of traf­ practices affecting such fares and provi­ jets. It notes that the largest group fic to inland points such as Las Vegas sions, are or will be unjust, unreasonable, minimum (154) exceeds the capacity of and that the loss of this traffic would unjustly discriminatory, unduly prefer­ aircraft presently operated by Western have an impact not only on its Las Vegas- ential, unduly prejudicial, or otherwise and would require it to split the group Los Angeles service, but also on its Los unlawful, and if found to be unlawful, between two aircraft— a policy it at­ Angeles-Honolulu service. to determine and prescribe the lawful tempts to avoid because of the increased United has answered the complaint, fares and provisions, and rules, regula­ ground handling problems and costs asserting that there is simply a differ­ tions, or practices affecting such fares involved. ence in marketing judgment. United reit­ and provisions; Certain carrier members of the Na­ erates its belief that there will be 2. Pending hearing and decision by tional Air Carrier Association (the sup­ practically no diversion from present the Board, the fares and provisions de­ plem ental) 3 have also filed a complaint traffic. scribed in appendix A, attached hereto, requesting investigation and suspension The Board has determined to permit are suspended and their use deferred of the proposal. The supplemental allege the proposed West Coast-Hawaii G IT to and including December 29, 1971, the fares cannot be justified simply by fares. Those fares are essentially an ex­ unless otherwise ordered by the Board, comparing them with East Coast-Hawaii tension of G IT fares that presently apply and that no changes be made therein fares since those fares are based on 1968 from Chicago and points east, and are during the period of suspension except economic data and since further fare in­ equal to or above the minimum G IT fares by order or special permission of the creases may be forthcoming as a result established by the Board in the investiga­ Board; of the pending Hawaiian fare investiga­ tion Group Inclusive Tour Basing Fares 3. Except to the extent granted herein, tion. They also assert that less restric­ to Hawaii, Docket 20580. Although those the complaints in Docket 23731, Docket tive rules (i.e., 7-day minimum stay ver­ minimums are based essentially on 1968 23724 insofar as it applies to proposals sus 13 days for present G IT fares, and a cost data, and cost increases have oc­ considered herein, and Docket 23833 are tour add-on of $75 versus $175 for pres­ curred subsequent to that time, we never­ hereby dismissed; ent fares) are sufficient differences to theless do not believe the proposed fares 4. The investigation ordered herein be make the Board’s prior decision setting can be said to be prima facie unreason­ assigned for hearing before an Examiner G IT minimum fares not controlling. The able. Moreover, while the applicable re­ of the Board at a time and place here­ supplementals allege that the proposed strictions are somewhat less restrictive, after to be designated; and G IT fares are aimed at existing or poten­ we do not conclude that these differences 5. Copies of this order be filed with tial charter markets, and thus are likely are sufficient to warrant suspension of the the ^aforesaid tariffs and be served upon to cause serious economic injury to the proposed fares. Nevertheless, we will ex­ Pan American World Airways, Inc., charter carriers. pect the carriers offering these fares to Saturn Airways, Inc., Southern Air bear the risk of the experiment, and we United has answered the complaints al­ Transport, Inc., Trans International do not intend to treat any dilution of the Airlines, Inc., Trans World Airlines, Inc., leging that the 5.4-percent growth rate fare yield which may result as furnishing experienced during the first 6 months of United Air Lines, Inc., and Western Air a basis for future increases in the level Lines, Inc., which are hereby made 1971 is not indicative of a healthy mar­ of basic fares. We will also expect the car­ ket; that the proposed G IT fares are not parties to this proceeding, and the riers to maintain records of traffic, reve­ National Air Carrier Association. of such a nature that they should be auto­ nues and expenses sufficient for a full matically suspended merely because the evaluation of profit impact. Such reports This order will be published in the markets are included in a pending pro­ are to be filed within 30 days following F ederal R eg ist e r . ceeding; and that there is no reason to expiration of the respective tariffs. By the Civil Aeronautics Board/ discount the findings made in the investi­ Turning to the Hawaii-Las Vegas/Reno gation Group Inclusive Tour Basing [ s e a l ] H a r r y J. Z i n k , G IT fares, we conclude that these fares Secretary. Pares to Hawaii, Docket 20580, Order 70- are so low as to raise a prima facie ques­ 7-60, merely because they were based on tion of reasonableness, and we therefore [PR Doc.71-14439 Piled 9-30-71;8:48 am] 1968 data. will not permit them to become effective In support of its Hawaii-Las Vegas/ pending investigation. We note that the Reno G IT fares, United alleges that fares are substantially lower than the transpacific carriers presently offer a westbound G IT minimums previously FEDERAL POWER COMMISSION contract bulk inclusive tour fare from established by the Board. [Dockets Nos. CP72-47, CP72-48] the Orient to the West Coast which is Upon consideration of the tariff pro­ $150 higher than the fare to Hawaii. The posals, the complaints, the answer NATURAL GAS PIPELINE COMPANY carrier believes that the fare will be at­ thereto, and other relevant matters, the OF AMERICA tractive to present traffic from the Orient Board finds that the proposed G IT fares Supplemental Notice of Application (little or none of which presently travels from Hawaii to Las Vegas or Reno and return may be unjust, unreasonable, un­ S e pte m b e r 23, 1971. on United) and to Hawaiian residents. justly discriminatory, unduly preferen­ United estimates that this group fare will On August 30,1971, Natural Gas Pipe­ tial, unduly prejudicial, or otherwise un­ line Company of America (applicant), be virtually 100 percent generative and lawful and should be investigated. The 122 South Michigan Avenue, Chicago, IL Board further concludes that the propos­ 60603, filed in Dockets Nos. CP72-47 and als be suspended pending investigation. 2 The complaints will be accepted as filed CP72-48 applications pursuant to section by Saturn Airways, Inc., Southern Air Trans­ With regard to the proposed West Coast- 7(c) of the Natural Gas Act for certifi­ port, Inc., and Trans International Airlines, Hawaii G IT fares, thè Board finds that cates of public convenience and necessity Inc., which have filed the powers of attorney on the basis of the facts and information authorizing the transportation of addi­ required by Part 263 of the Board’s Regula­ before us, the complaints do not set tional volumes of natural gas and the tions and will not be accepted on behalf of forth sufficient facts to warrant in­ construction and operation of facilities any other carrier. We would remind NACA vestigation, and the request therefor and and other carrier associations that the Board’s consequently the request for suspension regulations must be complied with, and in the 3 Appendix A filed as part of the original future no complaint requesting suspension will be denied and the complaints document. . of a tariff filing will be accepted unless the dismissed. * Concurring and dissenting statement ox complaint, including the requisite powers of Accordingly, pursuant to the Federal Member Minetti filed as part of the origin®* attorney, is timely filed. Aviation Act of 1958, and particularly document

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 NOTICES 19275 for the receipt, measurement, and gassifi- reference to said applications should on charges may be unjust, unreasonable, cation of ethane and propane from which or before October 7, 1971, file with the unduly discriminatory, or preferential, these additional volumes of natural gas Federal Power Commission, Washington, or otherwise unlawful. are to be secured. Notice of these appli­ D.C. 20426, a petition to intervene or a The Commission finds: It is in the cations were issued by the Commission protest in accordance with the require­ public interest and consistent with the on September 16,1971. ments of the Commission’s rules of prac­ Natural Gas Act that the Commission Take further notice that applicant has tice and procedure (18 CFR 1.8 or 1.10) enter upon hearings regarding the law­ presently pending before the Commission and the regulations under the-Natural fulness of the proposed changes, and that in Docket No. RP71-125 a rate proceed­ 'Gas Act <18 CFR 157.10). All protests the supplements herein be suspended and ing. If the certificates are granted herein, filed with the Commission will be con­ their use be deferred as ordered below. applicant proposes to amend its filing sidered by it in determining the appro­ The Commission orders: therein to increase the demand and priate action to be taken but will not annual sales units therein, and to include serve to make the protestants parties to (A ) Under the Natural Gas Act, par­ the cost of the liquid petroleum products the proceeding. Any person wishing to ticularly sections 4 and 15, the regula­ in its cost of purchased gas. The cost of become a party to a proceeding or to par­ tions pertaining thereto (18 CFR, Ch. such purchases will therefore increase ticipate as a party in any hearing therein I ) , and the Commission’s rules of the base average purchased gas cost must file a petition to intervene in ac­ practice and procedure, public hearings under the operation of the purchase gas cordance with the Commission’s rules. shall be held concerning the lawfulness cost adjustment clause, paragraph 21 of of the proposed changes. the general terms and conditions of ap­ K e n n e t h F . P l u m b , (B) Pending hearings and decisions plicant’s PPC Gas Tariff, Second Revised Secretary. thereon, the rate supplements herein are Volume No. 1. In the event that it is [FR Doc.71-14414 Filed 9-30-71;8:46 am] suspended and their use deferred until unable to increase its rates to cover the date shown in the “Date suspended until” cost of the liquid petroleum products to [Docket No. RI72-91 etc.] column. Each of these supplements shall be purchased from Phillips Petroleum become effective, subject to refund, as of Co. in Docket No. CP72-47, and from SOUTHERN UNION PRODUCTION CO. the expiration of the suspension period Warren Petroleum Co. in Docket No. ET AL. without any further action by the re­ CP72-48 because of the effects of Execu­ spondent or by the Commission. Each tive Order No. 11615, issued on August 15, Order Providing for Hearing on and respondent shall comply with the refund­ 1971, or any superseding order in effect Suspension of Proposed Changes in ing procedure required by the Natural at the time the certificates requested Rates, and Allowing Rate Changes Gas Act and § 154.102 of the regulations herein are granted, applicant states that thereunder. it will reject said certificates or delay the To Become Effective Subject to Refund 1 (C) Unless otherwise ordered by the acceptance thereof until its rates may be Commission, neither the suspended sup­ so increased. S e pte m b e r 24,1971. plements, nor the rate schedules sought In light of the above additional matter Respondents have filed proposed to be altered, shall be changed until dis­ not set forth in the Commission’s notice changes in rates and charges for jurisdic­ position of these proceedings or expira­ of September 16, 1971, it is appropriate tional sales of natural gas, as set forth tion of the suspension period, whichever that the period for the filing of protests in appendix A below. is earlier. or petitions to intervene be extended be­ The proposed changed rates and yond the period of 15 days, heretofore By the Commission. provided. Therefore, any person desiring 1 Does not consolidate for hearing or dis­ [ s e a l ] K e n n e t h F. P l u m b , to be heard or to make any protest with pose of the several matters herein. Secretary. A ppendix A

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

RI72-91... Southern Union Production 1 * 27 E l Paso Natural Gas Co. (Mesa $446,126 8-31-71 ...... 3- 1-72 15.2886 29.23 RI69-386. Co. Verde Formation; San Juan and Rio Arriba Counties, N . Mex. and La Plata County, Colo.) - (San Juan Basin Area)...... do...... 5 15 El Paso Natural Gas Co. (Dakota 62,744 8-31-71 ...... 3- 1-72 15.2869 29.23 RI69-386. Formation; San Juan County, N .M ex.) (San Juan Basin Area). RI72-92... Thomas A. Dugan______4 8 E l Paso Natural Gas Co., , 708 8-27-71 2-27-72 15.0619 29.23 RI69-627. (Blanco Mesa Verde t'iela; Rio Arriba County, N . Mex.) (San Juan Basin Area). RI72-93... Dugan Production Corp___ 7 11 E l Paso Natural Gas Co. 152 8-27-71 2-27-72 14.0 29.23 RI69-362. (Ignacio-Bianco Mesa Verde Field; La Plata County, Colo.) (San Juan Basin Area). RI72-94... Mobil Oil Corp...... 305 4 Cities Service Gas Co. (Comanche 372 8-30-71 ...... * 10-31-71 « «16.0 » «17.0 RI67-272. Field, Comanche County Okla. Other)...... do...... 418 6 Texas Eastern Transmission 234 8-30-71 ...... «11 -2-71 < 18.2622 < 18.4673 RI71-409. Corp. (Greenwood-Waskom Field Caddo Parish, Northern Louisiana). -----do...... 414 17 Texas Eastern Transmission 910 8-30-71 ...... I. «11-2-71 «16.6722 «16.7731 RI71-370. Corp. (Waskom Field, Harrison County, Tex., R R No. 6). RI72-95... Marathon Oil Co...... 69 18 Texas Eastern Transmission 137 8-30-71 ...... «11- 2-71 < 18.2622 * 18.4673 RI71-343. Corp. (Greenwood Waskom Field, Caddo Parish, Northern Louisiana).

Unless otherwise stated, the pressure base is 15.025 p.s.i.a. « Includes tax reimbursement; uoes not apply to sales under Supplements Nos. 3, 4, 5, 6, and 7. * Subject to Order No. 437. jjoes not apply to sales under Supplements Nos. 18,19, and 20. • The pressure is 14.65 p.s.i.a; subject to Downward B.t.u. adjustment.

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19276 NOTICES

The proposed increases for sales to EH Paso notice listing the first prior filed appli­ action with respect to any one of the in San Juan Basin are based on favored- cation (with which subsequent applica­ earlier filed conflicting applications. nation clauses which were allegedly acti­ tions are in conflict) as having been ac­ The attention of any party in interest vated by Aztec Oil & Gas Co.’s unilateral rate cepted for filing. An application which is increase to 29.23 cents which became effec­ desiring to file pleadings pursuant to sec­ tive subject to refund in Docket No. RI71-744 subsequently amended by a major change tion 309 of the Communications Act of on August 1, 1971. The purchaser, El Paso will be considered to be a newly filed ap­ 1934, as amended, concerning any domes­ Natural Gas Co., has protested these favored- plication. It is to be noted that the cut­ tic public radio services application nation increases on the basis that they are off dates are set forth in the alternative— accepted for filing, is directed to § 21.27 not contractually authorized. In view of the applications will be entitled to consider­ of the Commission’s rules for provisions contractual problem presented, the hearings ation with those listed in the appendix governing the time for filing and other herein shall concern themselves with the con­ if filed by the end of the 60-day period, tractual basis for these favored-nation filings requirements relating to such pleadings. as well as the justness and reasonableness of only if the Commission has not acted F e d e r al C ommunications the proposed increased rates. These proposed upon the application by that time pur­ increases exceed the corresponding rate filing suant to the first alternative earlier date. C o m m is s io n , limitations imposed in Southern Louisiana The mutual exclusivity rights of a new [ s e a l ] B e n F . W a p l e , and therefore are suspended for 5 months. application are governed by the earliest Secretary. The other increases involved here also per­ tain to sales outside Southern Louisiana but A pplications A c c e p t e d f o r F i l i n g do not exceed the corresponding rate filing DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE limitations imposed in Southern Louisiana. Therefore, they are suspended for 61 days File number, applicant, call sign, and nature of application from the date of filing, or 1 day from the 1451— C2-P-72— Johnson Telephone Co. (N ew ), C.P. for a new two-way station to be contractual effective date, whichever is later, pursuant to Order No. 423. located at 9 miles northeast of Remer, Minn., to operate on 152.60 MHz. 1452— 02—P—72— Florida Radio Phone (K IG845), C.P. to change the antenna system and All of the producers’ proposed increased relocate facilities operating on 454.175 MHz to a new site described as location No. 2: rates and charges exceed the applicable area price levels for increased rates as set forth 100 Southeast Third Avenue, Fort Lauderdale, FL. in the - Commission’s Statement of General 1453— C2—P—72— MobUfone of Baton Rouge (KKX707), C.P. for additional facilities to op­ Policy No. 61-1, as amended (18 CFR 2.56). erate on 454.30 m h t : at a new site described as location No. 2: 451 Florida Avenue, Baton This order does not relieve any of the re­ Rouge, LA. spondents herein of any responsibility im­ 1454— C2—P—72— Gerard T. Uht (KEK289), C.P. for additional facilities to operate on 152.00 posed by, and is expressly subject to, the mttz at location No. 1: 50 High Street, Buffalo, NY. Commission’s Statement of Policy Imple­ 1463-C2-P-72—Professional Bureau, Inc. (New), C.P. for a new two-way station to be menting the Economic Stabilization Act of located at 0.2 mile southwest of Main Street, Woodside, Del., to operate on 152.18 MHz. 1970 (Public Law 91-379, 84 Stat. 799, as 1468- C2—P-72— Paresco, Inc. (N ew ), C.P. for a new two-way station to be located near amended by Public Law 92-15, 85 Stat. 38), 2715 Skyland Boulevard^Tuscaloosa, AL, to operate on 152.12 MHz. including such amendments as the Commis­ 1469- C2-P-72— Radiofone Corp. of New Jersey (N e w ), C.P. for a new one-way station to be sion may require, and Executive Order No. located on Mount Zion Road, Neshanic, N.J., to operate on 43.22 MHz. 11615. „ 1470- C2-P-72— Radio Communications Corp. (KLF609), C.P. to relocate facilities operating [FR Doc.71-14411 Filed 9-30-71:8:46 am ] on 454.175 mttk to W VFV FM Broadcast tower, south end of Tower Hill Road, Gilberts, 111. 1471- 02—P-72— Instant Communications, Inc. (KQK771), C.P. to change the antenna system and relocate facilities operating on 152.18 MHz to the Tower Plaza, 555 East Williams Street yvTvn Arbor 1^11» 1503— C2-P—(2)72— General Telephone Co. of the Midwest (KDT204), C.P. to change the FEDERAL COMMUNICATIONS antenna system operating on 152.51 arid 152.75 MHz located on old U,S. Highway No. 63, 2.5 miles southeast of Columbia, Mo. 1504- C2-P-72— Credit Bureau of Decatur, Inc. (KSJ823), C.P. for additional facilities to COMMISSION operate on 152.03 MHz at a new site described as location No. 2: 320 East Cerro Gordo, [Report No. 563] Street Dcc&tur H j* • 1505— C2-P—72— Pacific Northwest Bell Telephone Co, (KOF342), C.P. to change frequency COMMON CARRIER SERVICES to 152.60 MHz, replace transmitter and relocate facilities to Hogback Mountain, 4.5 miles INFORMATION 1 east-northeast of Klamath Falls. Oreg. 1506- C2—P—(3)72— The Mountain States Telephone & Telegraph Co. (K;AF635), C.P. for Domestic Public Radio Services additional facilities to operate on 152.66 and 152.72 MHz at a new site described as loca­ Applications Accepted for Filing 2 tion No. 2: 3.3 miles north-northwest of MiUiken, Colo., and to establish test facilities to operate on 157.92 and 157.98 MHz to be located at 926 10th Street, Greeley, CO. S e p t e m b e r 27, 1971. 43-C2-MP-72—Answer, Inc., of Galveston (KLB617), Modification of C.P. to change the Pursuant to §§ 1.227(b)(3) and 21.30 antenna system and relocate facilities operating on 454.025 MHz at location No. 2: 4 Ob) of the Commission’s rules, an appli­ miles west of Galveston, Tex. (latitude 29°14'03.8” N., longitude 94°54'50.0" W .). cation, in order to be considered with Major Amendment any domestic public radio services appli­ cation appearing on the attached list, 4256—C2—P—71—Contact of New Mexico (New), Amended to change repeater frequency at must be substantially complete and ten­ location No. 1 to 459.200 MHz and change the control frequency at locations No. 2 and 3 dered for filing by whichever date is to 454.200 MHz. See PN dated Feb. 16,1971, Report No. 531. earlier: (a) The close of business 1 busi­ 5411—C2—P—71— William A. Houser (New), Amended to change name of applicant to: Dail- A-Fage, Inc., and change the location to 201 North Main Street, South Bend, IN. See PN ness day preceding the day on which the dated Apr. 5,1971, Report No. 534. Commission takes action on the pre­ 5809—C2—P—(3)71— New Orleans Mobilfone (New), Amended to change the antenna system, viously filed application; or (b) within transmission line and azimuth of maximum radiation at location No. 3. See PN dated 60 days after the date of the public May 3,1971, Report No. 542. 116—C2-P—72— Mobile Radio System, LTD (KSJ824), Amended“to change base frequency to 152.09 MHz. See PN dated July 19,1971, Report No. 553. 1 All applications listed in the appendix are 186—C2—P—72— Lett Electronics, Inc. (KEK275), Amended to change base frequency to 454.025 subject to further consideration and review MHz, replace transmitter and change the antenna system. See PN dated July 26, 1971, and may be returned and/or dismissed if not found to be in accordance with the Commis­ Report No. 554. — sion’s rules, regulations and other require­ Correction ments. 3728—C2—P-70— Radiophone of Houston (New), Correct to read: Major amendment to add 2 The above alternative cutoff rules apply to base frequency 454.150 MHz. See PN dated Sept. 2, 1969, Report No. 455 and dated Jan. 19, those applications listed in the appendix as 1970, Report No. 475. having been accepted in Domestic Public 3398-C2—P—69—Central Mobile Radio Phone (New), Correct to read: Major amendment to Land Mobile Radio, Rural Radio, Point-to- Point Microwave Radio and Local Television add base frequency 152.24 MHz. See PN dated Oct. 7, 1968, Report No. 408 and dated Transmission Services (Part 21 of the R ules). Jan. 6,1969, Report No. 421.

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE ---- c o n t i n u e d POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)---- C o n t i n u e d

I n f o r m a t i v e : It appears that the following applications may be mutually exclusive and 1458- C1—MP—72— American Telephone & Telegraph Co. (KNL29), Modification C.P. to subject -to the Commission’s rules regarding ex parte presentations, by reasons of potential change transmitter from Western Electric TD-2, to Western Electric, TD-2-5W on fre­ electrical interference. quencies 3910 and 3990 MHz toward Salton and Glamis, Calif. Station location: 1.4 miles Ohio west-southwest of Brawley, Calif. Central Mobile Radio Phone Service (N e w ), 1928-C2-P-69. 1459— Cl—MP—72— American Telephone & Telegraph Co. (KNL30), Modification C.P. to Buckeye Communications Co. (N e w ), 2982-C2-P-69. change transmitter from Western Electric TD-2, to Western Electric, TD-2-5W on fre­ Stanger’s Telephone Answering Service, Inc. (N e w ), 3040rC2-P-69. quencies 3876 and 3950 MHz toward Brawley, Calif. Station location: 14.8 miles east- northeast of Glamis, Calif. I n f o r m a t iv e : It appears that the following applications may be mutually exclusive and 1465—Cl—P-72— Southern Bell Telephone & Telegraph Co. (KIU56), C.P. to add frequency subject to the Commission’s rules regarding ex parte presentations, by reasons of potential 6182.4 MHz toward WMFE-TV Studio, Orlando, Fla. Station location: 45 Magnolia Street, electrical interference. Orlando, FL. Texas 1472—Cl—P—72— Southwestern Bell Telephone Co. (KZI35), C.P. to add frequencies 11,265 Joseph H. Wofford doing business as Radiophone of Houston (New)-, 1046-C2-P-70, and 11,505 MHz toward Collinsville, 111. Station location: 2651 Olive Street, St. Louis, MO. Radio Dispatch, Inc. (KLB701), 1224-C2-P-(2) -70. PO IN T-TO -PO IN T MICROWAVE RADIO SERVICE (NONTELEPHONE) RURAL RADIO SERVICE The following applicant proposes to establish omnidirectional facilities for the provision 1341- C1-ML-72— Pacific Northwest Bell Telephone (K VU47), Modification of license to of Common Carrier “Subscriber-Programed” television service. change frequency from 157.92 MHz to 157.86 MHz. All other terms of the existing license 1462—Cl—P—72— New York-Penn Microwave Corp. (N e w ), C.P. for a new station to be located remain unchanged (rural subscriber stations). at Sentinel Heights Road, Syracuse, N.Y. Frequencies: 2150.20 MHz (aural) and 2152.325 1343- C1-ML-72— Pacific Northwest Bell Telephone (K PZ43), Modification of license to MHz (visual) toward various receiving points of system and 2154.00 mttk (aural) and change frequency from 157.92 MHz to 157.86 MHz. All other terms of the existing license 2158.50 MHz (visual) toward various receiving points of system. remain unchanged (rural subscriber stations)'. 1344- C1-ML-72— Pacific Northwest Bell Telephone (K PY 38), Modification of license to Corrections change frequency from 157.92 MHz to 157.86 MHz. All other terms of the existing license Correct service on following public notice entries to read: remain unchanged (rural subscriber stations). 1345- C1-ML-72— Pacific Northwest Bell Telephone (KPX56), Modification of license to 1327- C1-P-72— American Television Relay, Inc. (KPY72), C.P. to add frequency 6390.0 change frequency from 157.92 MHz to 157.86 MHz. All other terms of the existing license MHz toward Wilcat Peak, Ariz. Station location: Elden Mountain, 1.8 miles 'north of remain unchanged (rural subscriber stations)'. East Flagstaff, Ariz. NOTICES NOTICES 1346- C1-ML-72— Pacific Northwest Bell Telephone (KPX54), Modification of license to 1328- C1-P-72— American Télévision Relay, Inc. (KPH82),V C.P. to change frequency 6345 change frequency from 157.92 MHz to 157.86 MHz. All other terms of the existing license MHz to 5989.7 MHz and 6285 MHz to 6049.0 MHz toward Jacks Peak, Ariz., and add fre­ remain unchanged (rural subscriber stations). quencies 5989.7, 6108.3, 6165, and 6225 MHz toward Tuba City, Ariz., a new point of com­ munication. Station location: 16 miles north of Tuba City, Ariz. 1347- C1-ML-72— Pacific Northwest Bell Telephone (KPV67), Modification of license to change frequency from 157.92 MHz to 157.86 MHz. All other terms of the existing license The following applicant proposes to establish omnidirectional facilities for the provision remain unchanged (rural subscriber stations). of Common Carrier “Subscriber-Programed” television service. 1342- G1-ML-72— Pacific Northwest Bell Telephone (KSP96), Modification of license to change frequency from 152.66 MHz to 152.60 MHz. All other terms of the existing license 1326—Cl-P-72— Microband Corp. of America (N e w ), C.P. for a new station to be located at remain unchanged (central office-fixed). . Palo Alto Office Center Building, University and Cowper Streets, Palo Alto, Calif. Fre­ quencies 2152.325 MHz (visual), 2150.20 MHz (aural), and 2158.50 MHz (visual) and 1507- C1-P-72— Public Service Telephone Co. (N ew ), C.P. for new central office-fixed a 2154.00 MHz (aural) all directed toward various receiving points of system. See Report station to be located at 104 Winston j Street, Reynolds, GA, to operate on frequency No. 562 dated Sept. 20,,1971. 454.50 MHz. 1508— C l—P—72 Public Service Telephone Co. (N ew ), C.P. for a new rural subscriber station [FR Doc.71-14368 Filed 9-30-71:8:45 am] to be located at Nakomis, 8.7 km. east of Reynolds, Ga., to operate on frequency 459.50 MHz. H 3 directive to the Federal Reserve Bank of PO IN T-TO -PO IN T MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) FEDERAL RESERVE SYSTEM New York with respect to domestic open 1455- C1-MP-72— American Telephone & Telegraph Co. (KMJ86), Modification C.P. - to market operations to reduce the dollar change transmitter from Western Electric TD-2, to Western Electric, TD-2-5W, on fre­ FEDERAL OPEN MARKET limit on Federal Reserve Bank holdings quencies 3830 and 3910 MHz toward Corona Del Mar, Calif. Station location: 434 South COMMITTEE of short-term certificates of indebtedness Grand Avenue, Los Angeles, CA. Continuing Authority Directive With purchased directly from the Treasury 1456- C1-MP-72—American Telephone & Telegraph Co. (KNL24), Modification C.P. to from $2 billion to $1 billion. With this change transmitter from Western Electric TD-2, to Western Electric, TD-2-5W on fre­ Respect to Domestic Open Market quencies 3790 and 3870 MHz toward Los Angeles, Calif. Station location: 3.5 miles east Operations change, paragraph 2 reads as follows: of Corona Del Mar, Calif. In accordance with § 271.5 of its rules 2. The Federal Open Market Committee 1457- C1-MP-72— American Telephone & Telegraph Co. (K NL28), Modification C.P. to regarding availability of information, authorizes and directs the Federal Reserve change transmitter from Western Electric TD-2, to Western Electric, TD-2-5W on fre­ notice is given that at its meeting on Bank of New York, or, if the New York Re­ quencies 3870 and 3950 MHz toward Brawley, Calif. Station location: Salton, 9.5 miles June 29, 1971, the Committee amended serve Bank*is closed, any other Federal Re­ north-northeast of Ocotillo, Calif. paragraph 2 of its continuing authority serve Bank, to purchase directly from the 19277

No. 191- -6 FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19278 NOTICES

Treasury for its own account (with discre­ monetary aggregates over the months-ahead, Not later than thirty (30) days after tion, in cases where it seems desirable, to taking account of developments in capital the publication of this notice in the issue participations to one or more Federal markets. System open market operations un­ F ederal R egister, comments and views Reserve Banks) such amounts of special til the next meeting of the Committee shall regarding the proposed acquisition may short-term certificates of indebtedness as be conducted with a view to achieving bank be filed with the Board. Communications may be necessary from time to time for the reserve and money market conditions con­ temporary accommodation of the Treasury: sistent with those objectives. should be addressed to the Secretary, Board of Governors of the Federal Provided, That the rate charged on such By order of the Federal Open Market certificates shall be a rate one-fourth of 1 Reserve System, Washington, D.C. 20551. percent below the discount rate of the Fed­ Committee, September 23, 1971. The application may be inspected at the eral Reserve Bank of New York at the time of A rthur L. B roida, office of the Board of Governors or the such purchases, and provided further that Deputy Secretary. Federal Reserve Bank of New York. the total amount of such certificates held at any one time by the Federal Reserve Banks [FR Doc.71-14404 Filed 9-30-71;8:45 am] Hoard of Governors of the Federal shall not exceed $1 billion. Reserve System, September 24, 1971. N ote : For paragraph 3 of the directive, see CHEMICAL NEW YORK CORP. [ seal] T y n a n S m ith , 35 F.R. 447, and for the remainder thereof, Secretary.- see 32 FJR. 9584. Notice of Applications for Approval [FR Doc.71-14406 Filed 9-30-71;8:46 am] By order of the Federal Open Market of Acquisition of Shares of Banks; Committee, September 23, 1971. Correction SOUTHEASTERN MICHIGAN HOLDING A rthur L. B roida, In the notice of applications for ap­ Deputy Secretary. CO. proval of acquisition of shares of banks [FR Doc.71-14405 Filed 9-30-71;8:45 am] published in the F ederal R egister of Formation of One-Bank Holding September 23, 1971 (36 F.R. 18910), the Company location of Tappan Zee National Bank FEDERAL OPEN MARKET should be corrected to read Nyack, N.Y., Southeastern Michigan Holding Co., COMMITTEE rather than Nyack, N.J. Southgate, Mich., has applied for the Board’s approval under section 3(a)(1) Current Economic Policy Directive [ seal! T y n a n S m it h , of the Bank Holding Company Act (12 Secretary. In accordance with § 271.5 of its rules U.S.C. 1842(a)(1)) of action whereby regarding availability of information, [FR Doc.71-14424 Filed 9-30-71;8:47 am ] applicant would become a bank holding there is set forth below the Committee’s company through acquisition of 80 per­ Current Economic Policy Directive issued cent or more of the voting shares of at its meeting held on June 29, 1971.1 MIDLANTIC BANKS INC. Security Bank and Trust Co., Southgate, Mich. The information reviewed at this meeting Notice of Application for Approval of The application may be inspected at suggests that real output of goods and serv­ Acquisition of Shares of Bank ices is expanding moderately in the current the Federal Reserve Bank of Chicago. quarter and that the unemployment rate Notice is hereby given that application Section 3(c) of the Act requires that has remained high. Wage rates in most sec­ has been made, pursuant to section 3(a) the Board consider the effect of the pro­ tors are continuing to rise at a rapid pace. (3) of the Bank Holding Company Act of posed acquisition on competition, the The rate of advance in both consumer prices financial and managerial resources and and wholesale prices of Industrial commodi­ 1956 (12 U.S.C. 1842(a)(3)), by Mid- lantic Banks Inc., which is a bank hold­ future prospects of the applicant and the ties has stepped up again recently after mod­ bank concerned, and the convenience and erating earlier in the year. In June, accord­ ing company located in Newark,JN.J., for ing to tentative estimates, the money stock prior approval by the Board of Gover­ needs of the communities to be served. both narrowly and broadly defined is still nors of the acquisition by applicant of Any person wishing to comment on the growing rapidly on average, although less 100 percent of the voting shares (less application should submit his views in than in May; growth in the bank credit proxy directors’ qualifying shares) of Madison writing to the Reserve Bank to be remains below the first-quarter rate. Interest National Bank, Madison, N.J. received not later than October 21,1971. rates on most types of market securities have increased on balance in recent weeks. The Section 3(c) of the Act provides that Pursuant to § 222.3(b) of Regulation market exchange rate for the German mark the Board shall not approve: Y, this application shall be deemed to be has advanced, and a substantial flow of funds (1) Any acquisition or merger or con­ approved on November 5,1971, unless the from Germany to other markets has occurred solidation under section 3 which would applicant is notified to the contrary in recent weeks. In consequence of a partial result in a monopoly, or which would be before that time, or is granted approval reversal of the earlier speculative outflows of at an earlier date. short-term capital from the United States in furtherance of any combination or and of an increase in Euro-dollar borrowings conspiracy to monopolize or to attempt Board of Governors of the Federal of U.S. banks, there has been a surplus in to monopolize the business of banking Reserve System, September 25, 1971. the U.S. payments balance on the official in any part of the United States, or settlements basis in this period. The U.S. [ seal] T y n a n S m ith, (2) Any other proposed acquisition or Secretary. merchandise trade balance, which had been merger or consolidation under section 3 in small surplus in the first quarter, was in [FR Doc.71-14425 Filed 9-30-71;8:47 am] deficit in April and May. In light of the whose effect in any section of the coun­ foregoing developments, it is the policy of the try may be substantially to lessen com­ Federal Open Market Committee to foster petition; or to tend to create a monopoly, financial conditions conducive to the re­ or which in any other manner would be STATE NATIONAL BANCSHARES, INC. sumption of sustainable economic growth, in restraint of trade, unless the Board Notice of Application for Approval of while encouraging an orderly reduction in finds that the anticompetitive effects of Acquisition of Shares of Bank the rate of inflation, moderation of short­ the proposed transaction are clearly out­ term capital outflows, and attainment of weighed in the public interest by the Notice is hereby given that application reasonable equilibrium in the country’s bal­ probable effect of the transaction in has been made, pursuant to section 3(a) ance of payments. meeting the convenience and heeds of (1) of the Bank Holding Company Act To implement this policy, the Committee the community to be served. of 1956 (12 U.S.C. 1842(a) (1 )), by State seeks to achieve more moderate growth in Section 3(c) further provides that, in National Bancshares, Inc., El Paso, Tex., every case, the Board shall take into con­ for prior approval by the Board of Gov­ 1 The Record of Policy Actions of the Com­ sideration the financial and managerial ernors of action whereby applicant would mittee for the meeting of June 29, 1971, is resources and future prospects of the become a bank holding company through filed as part of the original document. Copies company or companies and the banks the acquisition of 100 percent of the vot­ are available on request to the Board of Gov­ ing shares (less directors' qualifying ernors of the Federal Reserve System, Wash­ concerned, and the convenience and ington, D.C. 20551. needs of the community to be served. shares) of The State National Bank oi

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 NOTICES 19279

El Paso, El Paso, 30.07 percent of the Section 3(c) of the Act provides that (c) “Appointing authority” means the voting shares of Bassett National Bank, the Board shall not approve: Commission or an employee of the Com­ El Paso, 24.99 percent of the voting (1 ) *Any acquisition or merger or con­mission to whom has been delegated by shares of Citizens State Bank of Ysleta, solidation under section 3 which would the Commission the authority to make an Ysleta, and 24.27 percent of the voting result in a monopoly, or which would be appointment. Such a delegation of au­ shares of First National Bank of Fabens, in furtherance of any combination or thority must be in writing to be valid. Fabens, all in Texas. conspiracy to monopolize or to attempt (d) “Demotion” means a change of an Section 3(c) of the Act provides that to monopolize the business of banking in employee of the Commission to a lower the Board shall not approve: any part of the United States, or grade or rate of the pay schedule. (1) Any acquisition or merger or con­ (2) Any other proposed acquisition or (e) “Promotion” means a change of an solidation under section 3 which would merger or consolidation under section 3 employee of the Commission to a higher result in a monopoly, or which would be whose effect in any section of the coun­ grade or rate of the pay schedule. in furtherance of any combination or try may be substantially to lessen com­ (f) “Reassignment” 'means a change conspiracy to monopolize or to attempt petition, or to tend to Create a monopoly, of an employee of the Commission from to monopolize the business of banking in or which in any other manner would be one position to another without promo­ any part of the United States, or in restraint of trade, unless the Board tion or demotion. (g) “Preference eligible” has the (2) Any other proposed acquisition or finds that the anticompetitive effects of merger or consolidation under section 3 the proposed transaction are clearly out­ meaning given that term by 5 U.S.C. whose effect in any section of the coun­ weighed in the public interest by the 2108. try may be substantially to lessen com­ probable effect of the transaction in (h) “Probationary period” means the petition, or to tend to create a monopoly, meeting the convenience and needs of first year of employment of an employee or which in any other manner would be the community to be served. in the Postal Rate Commission Career in restraint of trade, unless the Board Section 3(c) further provides that, in Service. finds that the anticompetitive effects of every case, the Board shall take into R ule 2. Extent of the Postal Rate Com­ the proposed transaction are clearly out­ consideration the financial and mana­ mission Career Service. The Postal Rate weighed in the public interest by the gerial resources and future prospects of Commission Career Service, the symbol probable effect of the ¿transaction in the company or companies and the for which is “PRCS,” includes all posi­ meeting the convenience and needs of banks concerned, and the convenience tions in the Commission, except hearing the community to be served. and needs of the community to be served. examiners appointed under 5 U.S.C. 3105 Section 3(c) further provides that, in Not later than thirty (30) days after and those positions specifically excepted every case, the Board shall take into the publication of this notice in the F ed­ from the PRCS by the Commission. (See consideration the financial and mana­ e r a l R e g is t e r , comments and views re­ Rule 3.) gerial resources and future prospects of garding the proposed acquisition may be R ule 3. Extent of the Postal Rate Com­ the company or companies and the banks filed with the Board, Communications mission Excepted Service. The Postal concerned, and the convenience and should be addressed to the Secretary, Rate Commission Excepted Service, the needs of the community to be served. Board of Governors of the Federal Re­ symbol for which is “PRES,” includes all Not later than thirty (30) days after serve System, Washington, D.C. 20551. positions in the Commission specifically the publication of this notice in the F ed-' The application may be inspected at the excepted from the PRCS by the Commis­ eral R e g is t e r , comments and views re­ office of the Board of Governors or the sion. Positions of a confidential or policy­ garding the proposed acquisition may be Federal Reserve Bank of Richmond. determining character, the incumbents filed with the Board. Communications Board of Governors of the Federal Re­ of which must be selected on the basis of should be addressed to the Secretary, serve System, September 24, 1971. the appointing authority’s personal trust Board of Governors of the Federal Re­ and not merely on the basis of technical serve System, Washington, D.C. 20551. [ s e a l ] T y n a n S m i t h , qualifications, shall be included in the The application may be inspected at the Secretary. Excepted Service. All attorney positions office of the Board of Governors or the [FR Doc.71-14407 Filed 9-30-71;8:46 am] shall be in the PRES. Federal Reserve Bank of Dallas. R u l e 4. PRCS appointments, (a) A PRCS appointment is made on the basis Board of Governors of the Federal R e­ of merit and fitness. Each appointing serve System, September 27, 1971. POSTAL RATE authority shall recruit and select indi­ [ seal] T y n a n S m i t h , viduals for appointment in the PRCS in Secretary. COMMISSION a manner that will insure that the best [FR Doc.71-14426 Filed 9-30-71;8:47 am] qualified candidate available is selected. [Administrative Order 1] Each candidate who is a preference eli­ gible and who is equally as well qualified CAREER AND EXCEPTED SERVICE VIRGINIA NATIONAL BANKSHARES, as another candidate who is not a pref­ INC. Establishment and Operation erence eligible is entitled to preference in selection for appointment under this Notice of Application for Approval of O c to b er 1,1971. rule over such other candidate who is not Acquisition of Shares of Bank By virtue of the authority vested in a preference-eligible. Written examina­ the Postal Rate Commission by section tions are not required to determine a Notice is hereby given that application 3604 of title 39 of the United States Code, candidate’s eligibility or qualification for has been made, pursuant to section as added by section 2 of the Postal Re­ appointment in the PRCS under this 3(a)(1) of the Bank Holding Company rule; but if a written examination is Act of 1956 (12 U.S.C, 1842(a)(1)), by organization Act, Public Law 91-375, there is hereby established (1) the Postal given, candidates who are preference eli- Virginia National Bankshares, Inc., Nor­ Rate Commission Career Service, and (2) gibles are entitled to additional points folk, Va., for prior approval by the Board above their earned ratings in accordance of Governors of action whereby appli­ the Postal Rate Commission Excepted Service. The operation and regulation of with 5 U.S.C. 3309 and to preference in cant would become a bank holding com­ selection in keeping with the veterans’ pany through the acquisition of 100 both shall be governed by the rules set out in this Administrative Order. preference provisions of subchapter I percent of the voting shares (less direc­ of chapter 33 of title 5, United States R u l e 1. Definitions. For the purpose of tors’ qualifying shares) of the successor Code. - by merger to Virginia National Bank, these rules: (b) Except as otherwise expressly pro­ Norfolk, Va., and 100 percent of the vot- (a) “ Commission” means the Postal Pig shares (less directors’ qualifying Rate Commission. vided in these rules, each appointment in shares) of the successor by merger to (b) “Commissioners” mean the Com­ the PRCS under these rules is made (1) The Colonial-American National Bank missioners of the Postal Rate Commis­ subject to the satisfactory completion of of Roanoke, Roanoke, Va. sion. a 1-year probationary period, and (2)

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19280 NOTICES

subject to an investigation of the (b) An employee serving under a tem­part B of Part 930 of Title 5, Code of appointee’s qualifications and suitability. porary appointment is not in the PRCS; Federal Regulations. The subject-to-investigation period is 1 is not entitled to the right of transfer R ule 9. Promotion and reassignment. year. An appointee serving a proba­ under 39 U.S.C. 1006; does not have a (a) An appointing authority may pro­ tionary period who fails to demonstrate fixed tenure; and serves at the will of the mote or reassign an employee of the his fitness or his qualifications for con­ appointing authority. Commission as the needs of the Com­ tinued employment may be terminated R ule 7. Probation, (a) All appointees mission require. Each promotion and re­ by a notice in writing as to why he is in the PRCS will be required to serve an assignment shall be made for the pur­ being terminated and the effective date initial 1-year probationary period. How­ pose of promoting the efficiency of the of the termination. An appointee serv­ ever, this probationary -period is waived service of the Commission. Selections for ing subject to investigation in the PRCS for those appointees who are transferred promotion and reassignment shall be who is determined by the investigation from another Federal Government based on the same considerations that to be not qualified or suitable'for con­ agency- where they have satisfactorily govern an original appointment in the tinued employment in the PRCS may be completed a 1-year probationary pe­ Commission, except the consideration of terminated by a notice in writing as to riod or who are reinstated former em­ preference for a preference eligible. A why he is being terminated and the effec­ ployees who were in the PRCS. promotion or reassignment may not be tive date of the termination. An ap­ (b) The purpdse of the probationary made from a PRCS appointment to a pointee covered under either ( 1) o r ‘(2) period is to allow the Commission to de­ PRES appointment or vice versa. above is not entitled to notice, oppor­ termine fully the fitness of the employee (b) The promotion or reassignment of tunity to answer, and decision as pro­ and to terminate his services during this a hearing examiner originally appointed vided in Rule 12. period if he fails to demonstrate fully under 5 U.S.C. 3105 is governed by Sub­ (c) .An appointee who satisfactorilyhis qualifications for continued em­ part B of-Part 930 of Title 5^ Code of completes the 1-year probationary and ployment. Federal Regulations. the subject-to-investigation period is (c) When the Commission decides to R ule 10. Performance evaluation, (a) automatically in the PRCS and is en­ terminate an employee serving a proba­ Each employee of the Commission, except titled to the right of transfer under 39 tionary period because his work perform­ a hearing examiner, will receive annually U.S.C. 1006 and all other rights of the ance or conduct during this period fails a written evaluation of his work per­ PRCS. to demonstrate his fitness or his qualifi­ formance by his immediate supervisor. (d) At the direction of the Commis­ cations for continued employment, it Normally, such evaluations will be made sion appointments may be made which shall terminate his services by notifying on the anniversary date of the em­ are not subject to investigation. , him in writing as to why he is being sep­ ployee’s entrance into his current grade. R u l e 5. PRES appointments, (a) A arated and the effective date of the The evaluation shall include a brief nar­ PRES appointment is made on the basis action. rative statement which informs the em­ of ( 1) the appointing authority’s per­ (d) An employee does not have the ployee as to whether his work perform­ sonal trust in the appointee, which trust right to appeal a termination notice dur­ ance is outstanding, satisfactory, or may be based on program agreement or ing the probationary period. unsatisfactory. An unsatisfactory evalua­ personal confidence, or (2) project serv­ R ule 8. Reinstatement and transfer. tion shall identify the specific work de- ice which does not contemplate perma­ (a) An appointing authority may make ficiences and suggest means for correct­ nent tenure or career employment. Each an appointment in the PRCS by the re­ ing them. candidate for a PRES appointment who instatement of a former employee who (b) An employee is not entitled to a is a preference eligible and who is equally was in the PRCS or of an individual who review of an evaluation that is either as well qualified as another candidate had a competitive status (as that term outstanding or satisfactory. An employee who is not a preference eligible is en­ is defined in 5 CFR 1.3(c)) when he was who§e evaluation is unsatisfactory is titled to preference in selection for separated from a position in another entitled to a review by the official supe­ appointment under this rule over such Government agency. There is no time rior of the rating supervisor. The review other candidate who is not. a preference limit on the reinstatement of a prefer­ authorized by this section does not en­ eligible. ence eligible or an individual who has title the employee to a hearing. The (b) An appointee in the PRES, may be completed the service requirements for written decision of the reviewer is final.- terminated by a notice in writing as to career tenure in the competitive service (c) Employees rated unsatisfactory why he is being terminated and the (5 CFR 315.201, 315.202) or an individual may be either reassigned or demoted to effective date of the termination. Such who satisfactorily completed 1 year of a position in which satisfactory per­ an appointee is not entitled to notice, service in the PRCS. formance may be expected. opportunity to answer, and decision as (b) An appointing authority may make (d) A rating of outstanding or satis­ provided in Rule 12. an appointment in the PRCS by transfer factory is required to qualify for within- (c) An employee serving under a of an individual from a position in an­ grade salary step-increases. PRES appointment is not in the PRCS; other Federal Government agency with­ out a break in service of nbt more than R u l e 11. Hours of duty a n d absence is not entitled to the right of transfer and leave. The statutory provisions in under 39 U.S.C. 1006; does not have a one full workday when the individual to be transferred is serving in the other title 5, United States Code, and the regu­ fixed tenure, and, if not a preference eli­ latory provisions in Title 5, Code of Fed­ gible entitled to the job-protection bene­ agency under a career or career-condi­ tional appointment in the competitive eral Regulations, relating to hours of fits under Rule 10, serves at the will of duty and absence and leave apply to em­ the appointing authority. service or the equivalent thereof in the U.S. Postal Service, or in any other Gov­ ployees of the Commission according to R u l e 6. Temporary appointments, (a) ernment agency having what the Com­ the provisions thereof under authority of An appointing authority may make a mission finds is an established merit 39 U.S.C. 1005(f) as made applicable by temporary appointment in either the 39 U.S.C. 3604(d). PRCS or the PRES for less than 1 year system. (c) An employee appointed under this R u l e 12. Adverse actions, (a) A pref­ when required to meet a need for tem­ erence, eligible employee of the Commis­ porary services, such as to fill a con­ rule is not required to serve a proba­ tionary period if he satisfactorily com­ sion who has completed a probationary tinuing position on a temporary basis or period is entitled to the job-protection a temporary position for a temporary pe­ pleted a probationary period during the period of service that forms the basis benefits and appellate rights under 5 riod. An individual may not receive a U.S.C. 7501, 7511, 7512, and 7701, and 5 temporary appointment within 1 year for his reinstatement or transfer. How­ ever, the employee is subject to the one CFR Parts 752 and 772. after having been terminated from a (b) A hearing examiner appointed temporary appointment in the Commis­ year period of investigation. • (d) The reinstatement or transfer of under 5 U.S.C. 3105 who is employed by sion except under unusual circumstances the Commission is entitled to the job- and with the prior written consent of the a hearing examiner originally appointed protection benefits and hearing rign Commission or its designee. under 5 U.S.C. 3105 is governed by Sub­

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 NOTICES 19281 under 5 U.S.C. 7521 and 5 CFR Subpart insurance, optional life insurance, unem­ B of Part 930. ployment insurance, Bureau of Em­ SECURITIES AND EXCHANGE (c) An employee of the Commission ployees’ Compensation benefits, and the in the PROS not covered by paragraph Federal Employees Health Benefits Pro­ (a) or (b) of this rule may be demoted, gram continue to apply to employees of COMMISSION suspended for more than 30 days, or re­ the Commission according to the pro­ [File No. 1-3421] moved for such cause as will promote the visions thereof under authority of 39 CONTINENTAL VENDING MACHINE efficiency of the service. Such an em­ U.S.C. 1005(f) as made applicable by CORP. ployee against whom adverse action is 39 U.S.C. 3604(d). sought is entitled to. (1) at least 30 days’ R u l e 14. General provisions, (a) Under Order Suspending Trading advance written notice, except when authority of 39 U.S.C. 410 as made appli­ September 27,1971. there is reasonable cause to believe him cable by 39 U.S.C. 3604(d), the Commis­ guilty of a crime for which a sentence of sion adopts as a rule of the Commission It appearing to the Securities and Ex­ imprisonment can be imposed, stating the provisions of 5 U.S.C. 302 authoriz­ change Commission that the summary any and all reasons, specifically and in ing the Commissioners to make delega­ suspension of trading in the common detail, for the proposed action; (21 a tions of authority to subordinate officials stock, 10 cents par value of Continental reasonable time for answering the notice of the Commission. Vi Vending Machine Corp., and the 6 per­ personally, or in writing, or both person­ (b) Under authority of 39 U.S.C. 410 cent convertible subordinated deben­ ally and in writing, and for furnishing as made applicable by 39 U.S.C. 3604(d), tures due September 1,1976, being traded affidavits in support of the answer; and the Commission adopts as a rule of the otherwise than on a national securities (3) a written notice of adverse decision Commission the provisions of 5 U.S.C. exchange is required in the public inter­ which informs him of the reasons for the 5595 and 5596 authorizing the payment est and for the protection of investors; action. The right to answer personally of severance pay and back pay and of I t is ordered, Pursuant to section 15 does not include the right of “ trial* or 5 U.S.C. 5337 regarding pay saving. The _(c) (5) of the Securities Exchange Act of formal hearing, but merely to make an Commission, with regard to severance 1934, that trading in such securities answer in person to the Commission offi­ pay and back pay, directs that payment otherwise than on a national securities cial who proposed the adverse action or of that pay be made in accordance with exchange be summarily suspended, this to the designee of that official. 5 CFR Part 550, Subparts G (“ Severance order to be effective for the period Sep­ The suspension of- an employee for 30 Pay” ) and H (“Back Pay” ) and with re­ tember 28,1971, through October 7,1971. days or less without pay is not an ad­ gard to pay saving directs that payment By the Commission. verse action. be made in accordance with 5 CFR Part The reassignment of an employee is 531, Subpart E (“ Salary Retention” ) ex­ [ s e a l ] . R o n a ld F. H u n t , not an adverse action. cept that no appeals are permitted to the Secretary. (d) An employee who has received a Civil Service Commission. [FR Doc.71-14409 Piled 9-30-71;8:46 am] written notice oT adverse decision under (c) Employees of the Commission and paragraph (c) of this rule is entitled to candidates for appointment in the Com­ [70-5086] appeal that decision to the Commission, mission shall give the Commission or its or to a designee of the Commission desig­ designee all information and testimony JERSEY CENTRAL POWER & LIGHT nated for that specific purpose. Such an in regard to matters inquired of arising CO. appeal may be submitted at any time under the Postal Reorganization Act, after the employee receives the adverse these rules, and the operations of the Notice of Proposed Issuance and Sale decision but not later than 15 calendar Commission. Whenever required by the of Preferred Stock at Competitive days after the effective date of the ad­ Commission such an individual shall sub­ Bidding scribe to that testimony and make oath verse action. An appellant under this S e p te m b e r 27,1971. or affirmation thereto before an officer paragraph is entitled: (1) To be repre­ Notice is hereby given that Jersey Cen­ sented and advised by counsel or a rep­ authorized under law to administer oaths or affirmations. tral Power & Light Co. (JCP&L), Madison resentative of his own choosing; (2) to Avenue at Punch Bowl Road, Morristown, be assured freedom from restraint, inter­ R u l e 15. Compensation. All positions in NJ 07960, an electric utility subsidiary ference, coercion', discrimination, or the Commission, except Commissioners, company of General Public Utilities reprisal in connectiQn with his appeal; whether in the PRCS or PRES are allo­ Corp., a registered holding company, has (3) to be assured of a reasonable amount cated 4» one of the salary grade levels filed an application with this Commis­ of official time for himself, and his coun­ with an established salary range for each sion pursuant to the Public Utility Hold­ level as may be set forth by the Com­ sel or representative when the latter is ing Company Act of 1935 (A c t), designat­ mission under authority of 39 U.S.C. an employee of the Commission; and (4) ing section 6(b) of the Act and Rule 50 3604(b). to be accorded a formal hearing on the promulgated thereunder as applicable to appeal under reasonable procedures de­ R u l e 16. Saving provision. An employee the proposed transaction. All interested signed to afford’ full administrative due of the Commission appointed prior to the persons are referred to the application, process but not in accordance with the effective date of these rules shall con­ which is summarized below, for a com­ administrative procedures in subchapter tinue under the appointment given in plete statement, of the proposed II of chapter 5 of title 5, United States either the PRCS or the PRES but no such transaction. Code. The decision of the Commission or employee is required to serve a probation­ its designee on an appeal shall be in writ­ ary or trial period or serve subject to in­ JCP&L proposes to issue and sell, sub­ ject to the competitive bidding require­ ing and shall state the reasons for the vestigation unless that condition was ex­ decision and specify any corrective ac­ pressly made applicable to his appoint­ ments of Rule 50 under the Act, 250,000 tion to be taken. The decision of the ment when made. shares of its Cumulative Preferred Stock, ------percent Series, par value $100 per Commission or its designee is final and R u l e 17. Publication and effective date. is not subject to review by any adminis­ share. The dividend rate of the preferred This order shall be effective on October stock (which will be a multiple of one trative authority either within or out­ 1, 1971. The Secretary shall cause pub­ side of the Commission. twenty-fifth of 1 percent) and the price, lication of this order to be made in the exclusive of accrued dividends, to be paid R u le 13. Insurance and annuities. The F ederal R eg ister on that effective date. to JCP&L (which will be not less than statutory provisions in title 5, United By the Commission. $100 nor more than $102.75 per share) States Code, and the regulatory provi­ will be determined by the competitive sions in Title 5, Code of Federal Regula­ [ s e a l ] G o r d o n M . G r a n t , bidding. The terms of the new preferred tions, relating to insurance and annui­ Secretary. stock include a prohibition until Novem­ ties, including retirement, regular life [PR Doc.71-14490 Piled 9-30-71;8:50 am] ber 1, 1976, against refunding the stock,

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, N OCTOBER 1, T971 19282 NOTICES directly or indirectly, with funds ob­ rules as provided in Rules 20(a) and 100 suant to the provisions of the Davis- tained from the issuance of debt secu­ thereof or take such other action as it Bacon Act of March 3, 1931, as amended rities at a lower effective interest cost or may deem appropriate. Persons who re­ (46 Stat. 1494, as amended, 40 U.S.C. of preferred stock at a lower dividend quest a hearing or advice as to whether a 276a) and of other Federal statutes re­ cost. hearing is ordered will receive notice of ferred to in 29 CFR 1.1 (including the The proceeds from the sale of the further developments in this matter, in­ statutes listed at 36 F.R. 306 following preferred stock will be used to repay a cluding the date of the hearing (if Secretary of Labor’s Order No. 24-70) portion of JCP&L’s short-term bank bor­ ordered) and any postponements thereof. containing provisions for the payment of wages which are dependent upon deter­ rowings, which were or will be incurred For the Commission, by the Division of for construction purposes and which are minations by the Secretary of Labor Corporate Regulation, pursuant to dele­ under the Davis-Bacon Act; and pursu­ expected to aggregate $37 million at the gated authority. time of the proposed sale. The proceeds ant to the provisions of Part 1 of from any premium resulting from the [ s e a l ] R o n a ld F. H u n t , Subtitle A of Title 29 of the Code of sale of the preferred stock will be used to Secretary. Federal Regulations, Procedure for pre­ finance the business of JCP&L, including [PR Doc.71-14410 Filed 9-30-71;8:46 am] determination of wage rates, and of Sec­ the payment of expenses of the financing. retary of Labor’s Orders 13-71 and 15-71 (36 F.R. 8755, 8756). The prevailing rates It is stated that the fees and expenses and fringe benefits determined in the to be incurred in connection with the foregoing area wage determination de­ proposed transaction are estimated at DEPARTMENT OF LABOR cisions, as hereby modified, shall, in $75,000, including legal fees of $20,000 Employment Standards accordance with, the provisions of the and accounting fees of $4,700. The fees Administration foregoing statutes, constitute the mini­ and expenses of counsel for the under­ mum wages payable on Federal and fed­ writers, to be paid by the successful bid­ MINIMUM WAGES FOR FEDERAL AND erally assisted construction projects to ders, will be supplied by amendment. The FEDERALLY ASSISTED CONSTRUC­ laborers and mechanics of the specified filing further states that the issuance TION classes engaged in contract work of the and sale of the preferred stock is subject character and in the localities described to the jurisdiction of the Board of Public Modification to Area Wage Determi­ therein. Utility Commissioners of the State of nation Decisions for Specified Lo­ The modifications are effective from New Jersey, the State commission of the calities in Certain States their date of publication in the F ederal State in which JCP&L is organized and R eg ister until the end of the 120-day doing business, and that no other State Area wage determination decisions period for which the determinations commission and no Federal commission, ederal eg ister published in the F R on the being modified were issued and are to be other than this Commission, has jurisdic­ following dates: used in accordance with the provisions tion over the proposed transaction. Decision No. - Date of 29 CFR Part 5. Notice is further given that any inter­ AM-1708, AM-1716, AM-1719, Any person, organization, or govern­ ested persons may, not later than Octo­ AM-1722, AM-1723, A M - mental agency having an interest in the ber 22, 1971, request in writing that a 1725, AM-1731, AM-1733, wages determined as prevailing is en­ hearing be held on such matter, stating AM-1734 ______Aug. 11, 19T1 AM-330, AM-331, AM-333____ Aug. 13, 1971 couraged to submit wage rate infor­ the nature of his interest, the reasons for mation for consideration by the De­ such request, and the issues of fact or law AM-376, AM-390, AM-385, AM-395, AM-396, AM-397, partment. Further information and raised by said application which he de­ self-explanatory forms for the purpose of sires to controvert; or he may request AM-404, AM—405, AM-406, AM-407, AM-408, AM-409, submitting this data may be obtained by that he be notified if the Commission AM-410, AM-411, AM-412, writing to the U.S. Department of Labor, should order a hearing thereon. Any such AM-413, AM-414, AM-415, Employment Standards Administration, request should be addressed: Secretary, AM-416, AM-417, AM-433— Aug. 18, 1971 Wage and Hour Division, Division of Securities and Exchange Commission, AM-479, AM-1845______- Aug. 20, 1971 Wage Determinations, Washington, D.C., Washington, D.C. 20549. A copy of such AM-3613, AM-3614, AM-3615, 20210. The cause for not utilizing the request should be served personally or AM-3620, AM-3622, A M - by mail (airmail if the person being 3623, AM-3624, AM-3625— Aug. 25, 1971 rule-making procedures prescribed in 5 AM-2527 ______- ______Sept. 3, 1971 served is located more than 500 miles U.S.C. section 553 is set forth in the from the point of mailing) upon the ap­ are hereby modified as set forth below. document being modified. plicant at the above-stated address, and These modifications are based upon in­ The modifications to the area wage proof of service (by affidavit or, in case formation obtained concerning changes determination decisions listed above are of an attorney at law, by certificate) in prevailing hourly wage rates and set for below. should be filed with the request. At any fringe benefit payments since these de­ time after said date, the application, as terminations were issued. Signed at Washington, D.C., this 24th filed or as it may be amended, may be The determinations of prevailing day of September 1971. granted as provided in Rule 23 of the rates and fringe benefits made in these H orace E. M enasco, general rules and regulations pro­ modifications have been made by au­ Administrator, Employment mulgated under the Act, or the Commis­ Standards Administration. sion may grant exemption from such thority of the Secretary of Labor pur­

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 NOTICES 19283

Modifications

Basic Fringe benefits payments Classification hourly ------rates H & W Pensions Vacation App. Tr. Other

WD No. AM-2,Bit—S6 F.R. 17769,11 southern California counties: Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura Counties. Modification No. 1 Change: San Luis Obispo County: Plasterers’ tenders______- - -______—...... -...... $6. 05 $0.45 $0.85 $0.30 w i^No. AMSSO—86 F.R. 16156, Cook County, 111. Modification No. It Change: Boofers: Composition and waterproofers...... -...... -...... ______8.60 .30 .15 ...... $0.02 Slate and tile...... -...... ------...... 7.72 : .18 .15 ...... 02 Lathers------...... •-...... 7.11 .26 .20 . Sheet metal workers...... -----...... *...... -...... 8.15 .36 .34 ...... ____ .01 WD No. AM-881—36 F.R. 15161, Du Page County, III. Modification No. X Change: Lathers...... -...... --...... - ...... - 7.11 .26 .20 ___ Boofers: Composition...... - ...... 8.60 .30 .15 ...... 02 Slate and tile------——------.. 7.72 .18 .15 ...... 02 WD No. AM-838—86 F.R. 15170, Lake County, III., Modification No. 1 CHANGE: Bricklayers...... ----- 8.50 .30 .60 ...... 03 Lathers...... —— ------— ------7.11 .26 . 2 0 ...... Boofers: Composition and waterproofers______8.60 .30 .15 .02 Slate and tile ...... 7.72 .18 .15 .02 Sheet metal workers...... -...... 8.15 .35 .34 .01 Laborers, building: Heavy and highway: Building laborers, general laborers, wrecking and demolition, fireproofing and fire ship laborers.. 5.40 . 42 x . 55 Boiler setter laborers, cement gun laborers...... 5.475 ' .42 .55 Boiler setter plastic laborers, stone derrickmen and handlers------...... 5.60 . 42 . 55 Caisson diggers and well point' system...... 5.75 . 42 . 55 Chimney laborers (ovet 40 feet), scaffold laborers (tubular and swinging) wallmen or wreckers.. 5.50 .42 .55 Windlass and operator...... 5.70 . 42 . 55 Plasterers laborers...... 5.525 .42 .55 Jackhammermen power driven concrete s a w s ...... ______5.625 .42 .55 Cement gun nozzle laborers (gurinite)...... -----...... - 5.55 .42 .55 Sewers and water main extensions: General laborers, asphalt plant laborers, top laborers, flagmen, asphalt laborer...... 5.40 .42 .55 Form setters, well point system, jackhammermen and bottommen, pipelayers on drains, catch basin diggers, pipe layer men, all tunnel work, power driven concrete saws...... - 5.75 .42 .55 Second bottommen...... 5.625 . 42 . 55 Tampers and smoothers.______...... 5.475 . 42 . 55 Backers and■ mtemen...... 5.675 .42 .55 Machine screwmen, mitre box spreaders______l ...... L...... 5.675 . 42 . 55 WD No. AM-8,6X0—36 F.R. 16888, Barber, Barton, Cheyenne, Clark, Comanche, Decatur, Edwards, EUis, Ellsworth, Finney, Ford, Gove, Graham, Grant, Gray, Greeley, Hamilton, Haskell, Hodgeman, Jewell, Kearny, Kiowa, Lane, Lincoln, Logan, Meade, Mitchell, Morton, Ness, Norton, Osborne, Pawnee, Phillips, Pratt, Rawlings', Rice, Rooks, Rush, Russell, Scott, Seward, Sheridan, Sherman, Smith, Stafford, Stanton, Stevens, Thomas, Trego, Wallace, and Wichita Counties, Kans. Modification No. 1 ADD: Sherman County. WD No. AM-8,6XX—86 F.R. 16848, Johnson, Leavenworth, Miami, and Wyandotte Counties, Kans. Modi­ fication No. 8 CHANGE: Line construction western three-fourths of Johnson County; southwest two-thirds of Leavenworth County and Miami County: Lineman...... 6.40 .15 1%...... W o - Cable splicers...... -.______-...... 6.72 .15 1%...... véo Groundman, over 1 year...... I...... 4.04 .15 1%...... m Groundman, first year...... 3.19 .15 1%...... y&c. Powderman...... 5.n35 .15 1%...... W o- Line truck and equipment operators: First year...... : ...... 4.U .15 1%...... w >. Second year...... -...... 4.92 .15 1%------W o . Over 2 years experience__ ; ...... , ...... i ...... - 5.35 .15 1 % - ...... - ' Vffo. WD No. AM-3,688—86 F.R. 16849, Shawnee County, Kans. Modification No. X CHANGE: Building construction: Elevator constructors - ...... -----...... - 7.57 ; .195 $0.20 2 % + a + b ___ Line construction: Lineman...... - 6.40 .15 1%...... Vflo. Cable splicers...... -...... - 6.72 .15 1%...... W o . Groundman, over 1 year...... - 4.04 .15 1%...... 1...... yp/o. Groundman, first year...... 3.19 .15 1%...... - V flo . Powderman...... 5.35 .15 ■ 1%...... W o . Line truck and equipment operators: First year...... 4.14 .15 1%...... W o . Second year...... -...... - 4.92 .15 1%...... - W o - Over 2 years experience...... -...... -...... - 5.35 .15 1%...... —. W o .

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19284 NOTICES

Modifications—Continued

Basic Fringe benefits payments Classification hourly ---- :------r— ------—-----— ------—------—----- rates H & W Tensions Vacation App. Tr. Other

WD No. A M S ,634—36 F.R . 16863, Leavenworth County, Kans. Modification No. 3 CHANGE: Line construction southwest two-thirds of county: Lineman...... ------—; ...... --...... $6.40 $0.15 1%-...... - Vz%- Cable splicers...... 6.72 .15 1%...... —- VP7o. Groundman, over 1 year...... 4.04 .15 1%— - ...... lA%. Groundman, first year...... - ...... -...... 3.19 .15 A% ...... Vz%. Powderman...... '...... ------5.35 .15 i%-...... Wo. Line truck and equipment operators: First year.-.--...... -1...... -...... -...... -...... — 4.14 .15 i%...... W o- Second year...... 4.92 .15 i%— ...... W o- Over 2 years experience...... -...... ---- 5.35 .15 i%------Vz%. WD No. AM -S,635—36 F.R. 16859, Sedgwick County, Kans. Modification No. 1

CHANGE: Building construction: Elevator constructors ...... - - -...... - - - 7.57 .195 $0.20. 2%+a+b . Electricians...... ; ...... -...... 7.30 .... 1%- 2%. Line construction: Lineman.______.'...... - ...... 6.40 .15 1%. W o. Cable splicers...... —...... •______T...... 6. 72 .15 1%- V2%- Groundman, over 1 year...... - 4.04 .15 1%- W o- Groundman, first year,------— 3.19 .15 1%- W o. Powderman...... v ...... 5.35 .15 1%- Wo. Line truck and equipment operators: First year...... ~...... - 4.14 .15 1%- W o- Second year...... ------...... 4.92 .15 l%i y2%. Over 2 years experience.------;— ------•------5.35 .15 1%- y2%. WD No. AM-41'8—36 F.R. 16439, Fayette County, Ky. Modification No. 9 CHANGE: Elevator constructors ------8.03 .195 $0.20 2%+b&C $0.005 . Elevator constructors’ helpers...... _...... 70% JR .195 .20 2%+b&c .005 . Plumbers_____....------T------...... $7.56 .25 .25 . .02 . WD No. AM-1,845—36 F.R. 16346, Baltimore City and County, Md. Modification No. 1 CHANGE: Building and heavy construction: Glaziers: Glaziers____ .... ------6.30 . 15 .1 0 ______Swinging scaffold or bosun’s chair...... - 6.55 .16 .10 ...... Tile and terrazzo workers...... : ...... -...... 5.84 .125 .4 0 ...... W D No. AMS76—S6 F.R. 15791, Calhoun County, Mich. Modification No. 9 C H A N G E : ^ Asbestos workers...... ------7.95 .44 .95 ...... 01 ...... Roofers—composition...... : ...... ------7.00 .... Roofers, slate and tile...... r...... -...... Mg---- 7.25 WD No. AM-390—36 F.R. 16855, Muskegon and Oceana Counties, Mich. Modification No. 3 CHANGE: Asbestos workers...... ------A ------7.95 .44 .95 .01 ...... Painters: Brush...... - — ...... -...... -...... 5.96 .... Scaffold over 50 feet...... - v -...... 6.20 Spray, sandblasts, structural steel, swing stage and roller over 9 inches------6.45 Steeple jack work over 100 feet...... -...... 7.60 Roofers: Composition...... -...... ---...... 7.00 Slate and tile— ...... -...... -...... -...... 7.25 W DNo. AM-385—36 F.R. 15833, Kalamazoo, Mich. Modification No. CHANGE: Asbestos workers...... r ...... -...... -...... -<*------7.95 . 44 ¡9 5 ...... 01 Roofers composition...... -...... 7.00 ...... Roofers—slate, tile...... -...... -...... —...... 7.25 ...... WD No. AMS95—S6 F.R. 16883, Zone 1—Highway construction, Michigan. Modification No. 1 CHANGE: Truckdrivers—...... ------...... — 5.93 al4.00 al2.00 $0.15 a. Per week, per employee. WD No. AMS96—S6 F.R. 16886, Zone 9—Highway construction, Michigan. Modification No. 1 CHANGE: Cement masons...... — ------r...... 6.51 .30 .1 0 ...... --- Operating engineers (entire classification, fringes should read)...... ______.40 .1 5 ...... 01 Teamsters: A B E ------..,...... -...... -...... -...... -...... ---- 5.83 . a!4.00 al2.00 .1 5 ...... a. Per week, per employee. WD No. AMS97—S6 F.R. 16888, Zone 3, Michigan. Modification No. 1 CHANGE: Cement masons...... -...... 6.44 . 30 .10 ...... Operating engineers (entire classification, fringes should read)— ...... 40 .1 5 ...... 01

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 NOTICES 19285

M odifications— Continued N.J.—5-LAB-6-G

Basic Fringe benefits payments Classification hourly ______J______rates H & W Pensions Vacation App. Tr. Other

W D N o. AM-1,708—S6 F.R . U81ÍS, Burlington County, N .J . Modification No. 1 CHANGE: Building construction: Roofers: Remainder of County: Composition, waterproofing and slate______...... $8.14 - $0.50 $0.30 Asphalt shingle...______i ...... 1...... 8.14 - . 50 .30 Laborers, asphalt: Streets: Head rakers...... ______¿___ |...... 5.40 .36 .34 a Rakers______-...... - . . 5.25 .36 .34 a Tampers and smoothers, kettlemen, painters, top shovelers, and roller boys...... 5.00 .36 .34 a Plaiit: e Scale mixer and burner men...... _...... 5.25 .36 .34 a Feeders and dustmen______... ______5.00 .36 .34 a W D No. AM-1,716—56 F.R . 14870, Morris County, N .J . Modification No. 1 CHANGE: Building construction: _ Carpenters and insulators: Naughright, Mount Freedom, Middle Valley, Parker, Ralston, Ironía, Mendhain, Chester, and Brookside: Carpenters and insulator______•______8.39 .45 .60 h $0.02...... s Millwrights...... : ...... i.::...:.:::::::::::::::::::;::; 8.64 .45 .50 h .0 2 ...... Tile setters...... ______.______ZZZZZIZZZZZZZIZZ'ZZIZIZZZ 6.66 .45 .555 .15 Laborers, asphalt: Streets: Head rakers...... j ______¿______5.40 .36 .34 a Rakers...... Z_ Z. _ ZZ . ZZZZZZZZZZZZZZ ZZZZZZ 5.25 .36 .34 a Tampers and smoothers, kettlemen, painters, top shovelers, and roller boys 5.00 .36 .34 a Plant: Scale mixer and burnermen.L.._____ f______<__ 5.25 .36 .34 a Feeders and dustmen______ZZZIIZZZIIZZZIZZZIIZZZIIIIZZZZZZZZZZZrrZZZ 5.00 .36 .34 a WD No. AM-1,719—S6 F.R. 14899, Somerset County, N .J. Modification No. 1 CHANGE: Building construction: Carpenters: Remainder of county: Carpenters and insulators...... _ ...... ______8.39 .45 .50 ...... 02...... Millwrights______...___ t______Z____ _>....Z' 8.64 .45 .50 .. . Laborers, building: ...... 02...... Bemardsville, Peapack Gladstone, Far Hills, Basking Ridge, Liberty Corners, Lyons (VA Hospital)...... 6.15 .45 .40 Roofers: Rocky Hill, Harlingen, Belle Meade, Neshanic, Montgomery, Zion, Skillman, Clover Hill, Stoutsburg, Blawenburg, Centerville, and K in gston .___ 8.14 .50 .30 __ Tile setters...... _____ 6.66 .45 .555 Laborers, asphalt: .15...... Streets: Head rakers...... 5.40 .36 .34 a ...... _____ Rakers______~_ZZZZIZIZZIIZZZZZ!Z! 5.25 .36 .34 a ______Tampers and smoothers, kettlemen, painters, "top shovelers, and roller boys . 5.00 .36 .34 Plant: a -...... Scale mixer and bumermen...... j ...... 5.25 .36 .34 a ...... Feeders and dustmen...... " 5.00 .36 .34 a

Paid holidays: Footnotes: A—New Year’s Day; B—Memorial Day; C—Independence Day; D—Labor Day; a. Holidays: A through F, Washington’s Birthday; Armistice Day; Presidential E—Thanksgiving Day; F—Christmas Day. Election Day; providing an employee works or is available for work 3 days in the work week in which the holiday falls, h. 2 hours off with pay on any General Election Day.

N ew M exico

Basic Fringe benefits payments Classification hourly ------— —------i______rates H & W Pensions Vacation App. Tr. Other

WD No. A M S ,618—86 F.R. 16744, Bernalillo County, N . Mex. Modification No. 1

CHANGEi General building and heavy engineering construction: Elevator constructors______$6.885 $0.195 $0. 20 2% +a+b Elevator constructors’ helpers...... I ...... Z-ZZIIZZZZIZ-IZ-Z—— .. . — ZZ...... 70% JR .195 . 20 2% +a+b Elevator constructors’ helpers (prob.)______Z.ZZZZZZZZZZZZZZZZZZTZZ 60% JR

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 No. 191------7 19286 NOTIGES

Modifications— Continued

Line Construction—N ew Mexico (A)

Basic Fringe benefits payments Classification hourly ------rates H & W Pensions Vacation App. Tr. Other

CHANGE: $6.45 $0.25 1%..— — - W o . Cable splicer------1...... -...... -...... 6.00 .25 1%...... —- W o - Lineman...... ?...... >— 6.00 .25 1%...... - Vx%. Technician...... -...... --- 5.70 .25 1%-...... — w , . Equipment operator...... —...... -...... 5.23 .25 1%-...... — w >. -Equipment mechanic------Z...... ---...... 25 Yx%. Powderman— ...... ----...... — ...... 5.23 1%-...... Groundman and jackhammer operator: 3.16 .25 1%. — - W o . First 6 months------~ll...... 3.60 .25 1% — -...... Vi% Second 6 months...... -...... 25 W o Experienced— ...... 4.20 1%-...... WD No. AM S,61i—36 F.R. W ifi, Los Alamos County, N . Mex. Modification No. 1

CHANGE: General building and heavy engineering construction: 6.885 .195 $0.20 2% +a+b ...... Elevator constructors...... -...... 70% JB .195 . 20 2 % + a + b ...... Elevator constructors’ helpers— ...... -...... -...... 50% JB ...... 1...... -...... ----- Elevator constructors’ helpers (prob.)...... --...... - ...... ----...... $7.68 . 25 1% — ...... W o Electricians...... -...... 7.25 . 35c $0.35 ...... Asbestos workers—...... -...... WD No. AMS,615—F.R. 16768, statewide counties, New Mexico. Modification No. 1

C HA N G E: B emalillo C ounty: 6.45 .25. 1% ------...... ^ Wc- Cable splicer...... — ...... -...... -----—...... -— ...... 6.00 .25 r 1% ...... ______Wo- Lineman...... -...... -...... -...... ■" 6.00 .25 1% ...... ______Wo. Technician...... ;...... -...... — '■ 5.70 . .25 1% ------____ Y%- Equipment operator...— ...... -...... -...... 5.23 .25 1%- ...... ------Yt%- Equipment mechanic,_____ '...... —---- r...... 5.23 .25 1%------...... Wo- Powderman...... -...... Groundman and jackhammer operator: 3.16 .26 1% ...... - Wo- First 6 months...... -...... -...... -...... 3.60 .25 1% ----- ____ Y%- Second 6 months------...... -...... 4.20 .25 1%— ...... Wo- Experienced.,...... - -......

L ine Construction—N ew Mexico (B)

Basic Fringe benefits payments Classification rates H & W Pensions Vacation App. Tr. Other

C H A N G E : Statewide except Bernalillo County: $6.92 $0.25 1%— M%~ Cable splicer...... r------6.44 .25 1%— m>~ Lineman...... - ...... -...... -...... 6.44 .25 1%— Wo- Technician------6.12 .25 1%— Wo- Equipment operator...... -...... 5.60 .25 1%— w>~ Equipment mechanic...... 5.60 .25 1% -- K% ~ Powderman— ...... :...... —------Groundman and jackhammer operator: 3.39 .25 1%— ú% - First 6 m onths...... --- 3.86 .25 1%— Wo~ Second 6 months...... 4.51 .25 1%— m - Experienced------

N . Y .—1-LAB -2-3-F

Basic " Fringe benefits payments ______Classification hratesT H & W Pensions Vacation App. Tr. Other

WD No. AM-1,788—86 F.R. Ufil8, Albany County, A .Y. Modification A o. 1 CHANGE: Building construction: $0.40 $0.30 .... Bricklayers, cement masons, plasterers, and stonemasons...... -...... -...... -...... - $7.70 Electricians: ' 8.50 .30 1%+. 35 a Bemainder of county------...... -...... : ...... '* Heavy and highway construction: Laborers: 5.45 .60 .50 a Concrete ^gr^atebin^mortar mixer' hand or machine vibrator gin buggy, mason tenders, concretebootmen, chain saw, jackhammer, pavement breaker, and all other gas, electric, 5.65 .50 .50 a oil, and air tool operators, bull float, tamper pipelayers...... ----...... 50 .50 a Drillers, asphalt rakers, stone or granite curb setters and acetylene torch operator...... 5.85 6.05 .50 .60 a Blasters, form setters, stone or granite curb setters— ...... “

Footnote.^y^ ^ through providing the^employee works the day before and the A—-Nbw8Year’s Day; B—Memorial Day; C—Independence Day; D —Labor Day; E—Thanksgiving Day; F—Christmas Day. day after the holiday.

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 NOTICES 19287

Modifications—Continued N .Y .—2-LAB-2-3-F

Basic Fringe benefits payments Classification hourly ------rates H & W Pensions Vacation . App. Tr. Other

W D No. AM-1,783—56 F.R. 14917, Broome County, N .Y . Modification No. 1 CHANGE: Heavy and highway construction: Laborers: Laborers and driller helpers...... $5.85 - $0.30 $0.30 a Concrete aggregate bin, mortar mixer, hand or machine vibrator gin buggy, mason tenders, concrete bootman, chain saw, jackhammer, pavement breaker, and all other gas, electric, oil, and air tool operators, bull float; tamper, pipelayers______6.05 .30 .30 a Drillers, asphalt rakers, stone or granite curb setters and acetylene torch operator______6.25 .30 .30 a Blasters, form setters, stone or granite curb setters...... 6.45 .30 .30 a

Paid holidays: Footnote: A—New Year’s Day; B- -Memorial Day; C- -Independence Day; D —Labor Day; a. Holidays: A through F, providing the employee works the day before and the E—Thanksgiving Day; F- - Christmas Day. day after the holiday.

N.Y.—9-PE01-2-3-J

Basic Fringe benefits payments Classification hourly ------rates H & W Pensions Vacation App. Tr. Other

WD No. AM-1,725—36 F.R. 14988, Erie County, N .Y . Modification No. 1 CHAN vjE i a- Building construction: Carpenters, building, remainder of county: . Carpenters and millwrights...... $7.63 $1.05 Lathers...... ^_I $0.80...... $0.05 9.27 ... .1 0 ...... 01 Marble, tile, and terrazzo workers’ helpers...... " ” ” ...... 6.83 1.35 Building, heavy and highway construction: .4 0 ...... Power equipment operators: Crane with a main boom over 100 feet______.....______8.685 .85 .3 5 ...... A ll boom-type equipment, all pan and carryall operators, archer hoist, back and pull hoe .10 operator, blast or rotary drill, track or cat mounted, boiler (when used for power), boom trucks, cableway operator, concrete paver machine, crane operator, derrick operator dragline operator, elevating grader (self-propelled), head tower operator, hot roller (finish course), hydraulic booms, hydro crane, maintenance engineer, mucking machine opera­ tor, multiple drum hoist (more than 1 drum in use), Peine crane, pile driving machine operator, power grader machine operator, scoopmobile, shovel operator, skimmer opera- es* 0016 drill machine, tractor shovel operator, vertical caisson auger drill, well drilling machine^.______8.185 .85 .35 ...... Back filling machine operator, Koiman loader, roller machine operator, snatch and pusher .10 .. cats, stone crusher, towed or self-propelled rollers, trenching machine operator______8.06 .85 .35______Air hoist operator, cage hoist operator, conveyor operator, conveyor systems (belt-crete or .1 0 similar), hoisting engine operator, house 'elevator (when used for hoisting), industrial tractor, locomotive operator (irrespective of power), push button hoist operator, strato tower, tractors (when using winch power)______8.02 .85 .35 ...... Concrete mixer operator 04 c.y. or over), gasoline driven boring machine, hydraulic sys­ .10 .. tem pumps, hydro hammer, finishing machine operator (asphalt spreader), finishing machine operator, pump operator (4-inch or over), pump operator (2 or 3 in a battery)__ 7.935 .85 .35 ...... Air compressor operator (under 160 cu. ft.), air compressor operator (over 160 cu. ft.)"* .10 .. generator, grout machine operator, heating boiler operator (used for temporary heat)', lubrication unit or truck, mechanical heaters (when 3 are in a battery), mechanic or repairman, pneumatic mixerioperator, powerplant (in excess of 10 kw.)\ welding ma­ chine operator (to and including 3 machines)______7.81 .86 .35...... 10 . Bulldozer (over 50 hp.), monorail______’ 8.02 .85 Bulldozer and tractor (50 hp. drawbar or under), jeep trencher, mulchers, power brooms .35...... 10 .. and rakes, seeders...... Firem an..______...... " ------.----- 7.685 .85 .35...... 10 Truck cranp driver______" 7.545 .85 .35 ...... 10 7.41 .85 .35...... Aggiegate Din operator, apprentice engineer or oiler, cerhent bin operator, concrete mixer .10 - operator (under J4 c.y.), mechanical heaters (when 1 or 2 are used), pump operators 41 inch), pump operator (2 inches), pump operators (3 inches), tractor machines______; 7.285 .85 .35...... 10 ..

N .Y .—8-LAB-2-3 F Basic Fringe benefits payments Classification hourly rates H & W Pensions Vacation App. Tr. Other

CHANGE: ^ ^ 0. F.R. 11,960, Onondaga County, N .Y . Modification No. 1 Heavy and highway construction: Laborers: 7» Laborers and driller helpers...... $5.45 $0.50 Concrete aggregate bin, mortar mixer, hand or machine vibrator gin buggy, mason tenders " $0.50 concrete bootmen, chain saw, jackhammer, pavement breaker, and all other gas, electric, on and air tool operators, bull float, tamper, pipelayers 5.65 .50 .50 criiiers, asphalt rakers, stone or granite curb setters and acetylene torch operator ” " 6.85 masters, form setters, stone or granite curb setters...... 50 .50 6.05 .50 .60 Paid holidays: Footnote: - A~New Year’s Day; B- -Memorial Day; C—Independence Day; D—Labor Day; Thanksgiving Day; F- -Christmas Day. day 5ter the h^iday0U8h F ’ providing the emPloyee works the day before and tl

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1 1971 19288 NOTICES

Modifications—Continued N. Y.—27-LAB-2-3-D

Basic Fringe benefits payments Classification hourly rates H & W Pensions Vacation App. Tr. Other

WD No. AM-1,783—86 F.R. 14973, Rensselaer County, N .Y . Modification No. 1 CHANGE: Building construction: Bricklayers______... ______i ------$7.70 $0.40 $0.30 ... $0.01 Electricians: Rensselaer, Greenbush, Castleton on Hudson, and Nassau...... :------8.50 .30 1%+. 35 a Heavy and highway construction: - Laborers: Laborers and driller helpers...____ *------:------5.46 .50 .50 a Concrete aggregate bin, mortar mixer, hand or machine vibrator gin buggy, mason tenders, concrete bootmen, chain saw, jackhammer, pavement breaker, and all other gas, elec­ tric, oil and air tool operators, bull float, tamper, p i p e l a y e r s . ------: 5.65 .50 .50 a Drillers, asphalt rakers, stone or granite curb setters and acetylene torch operator------5.85 .50 .50 a Blasters, form setters, stone or granite curb setters------6.05 .50 .50 a

Paid holidays: , Footnote: . .. . A —N ew Year’s Day; B—Memorial Day; C—Independence Day; D —Labor Day; a. Holidays: A through F, providing the employee works the day before and the E—Thanksgiving Day; F— Christmas Day. day after the holiday. . ___ N.Y.—29-LAB-2-3 D -

Basic Fringe benefits payments Classification hourly rates H & W Pensions Vacation App. Tr. Other

WD No. AM-1,781f—86 F.R. 14976, Schenectady County, N .Y . Modification No. 1

CHANGE: Building construction: Bricklayers, cement masons, plasterers, stone masons, caulkers, aiKbpointers...... $7.70 $0.40 $0.30 .... .01 Lathers...... -...... -...... -...... -...... 7.935 .275 .10.... .01 Heavy and highway construction: Laborers: Laborers and driller helpers------5.45 .50 .50 a Concrete aggregate bin, mortar mixer, hand or machine vibrator gin buggy, mason tenders, concrete bootmen, chain saw, jackhammer, pavement breaker, and all other gas, electric, oil, and air tool operators, bull float, tamper, pipelayers...... - 5.65 .50 .50 & Drillers, asphalt rakers, stone or granite curb setters and acetylene torch operator...... 5.85 .50 .50 a Blasters, form setters, stone or granite curb setters------6.05 .50 .50 a

Paid holidays: , Footnote: . , , _ , ... !New Year’s Day; B—Memorial Day; C—Independence Day; D —Labor Day; a. Holidays: A through F, providing the employee, works the day before and the E—Thanksgiving Day; F—Christmas Day. day after the holidays. Ohio

Basic Fringe benefits payments Classification hourly - rates H & W Pensions Vacation App. Tr. Other

WD No. A M -404— 86 F.R. 16897, Butler County, Ohio. Modification No. 1 CHANGE: $8.35 $0.195 $0.20 $0.005 ... Elevator constructors------'.------...... - - - r...... 005 ... Elevator constructors’ helpers...... —...... — ----- —...... 70%JR .195 .20 2%+a&b WD No. A M -4O6—S6 F.R. 16908, Clark County, Ohio. Modification No. 1 CHANGE: $8.82 .195 .20 2%+a&b , .005 ... Elevator constructors__ J...... *...... 005 ... Elevator constructors’ helpers...... ------70%JR .195 .20 2%+a&b WD No. A M -4O6— 86 F.R. 16906, Cuyahoga County, Ohio. Modification No. 1 CHANGE: $9.435 .195 .20 2%+a&b .005 ... Elevator constructors...... --...... — ------. ------...... 2%±a&b .005 ... Elevator constructors’ helpers------...... 70% JR .195 .20 Ironworkers: $8.20 .50 . .56 $0.65 .01 ... Structural and ornamental— ...... j...... 65 .01 ... Reinforcing------8.20 .50 .55 WD No. AM-407—36 F.R. 16911, Franklin and Pickaway Counties, Ohio. Modification No. 1

CHANGE: .06 ... Electricians—Franklin County, and the remainder of Pickaway County. 8.43 .13 1%+. 45 . .20 2%+a&b .005 ... Elevator constructors______8.82 .196 70% JR .195 ' .20 2%+a&b .005 ... Elevator constructors’ helpers...... ~ .30 . .04 -- Sheet metal workers— ...... $8.13 .36 WD No. A M -4O8—S6 F.R. 16915, Green and Montgomery Counties, Ohio. Modification No. 1

CHANGE: 8.53 .195 .20 2%+a&b .005 Elevator constructors— ...... 20 2%+a&b .005 — Elevator constructors’ helpers. 70% JR .195

FEDERAL REGISTER, V O L 36, NO. 191— FRIDAY, OCTOBER 1, 1971 NOTICES 19289

Modifications—Continued

Basle Fringe benefits payments Classification rates H

WD No. A M -412—36 F.R. 15934, Mahoning County. Ohio. Modification No. 1 CHANGE: Elevator constructors...... $8.45 $0.195 $0.20 2%+a&b $0,005 ...... Elevator constructors’ helpers____ J...... IIIIIIIIIIIIIIIIIIIIIIIIIIIII 70% JR .195 .20 2%+a&b .005 ...... Plumbers.....!...... III” $7.61 .30 .40 $1.00 .02 ...... Steamfitters----.;...... I.I..IIIII.IIII.IIIIIIIIIIIIIII 7.61 .30 .40 1.00 .02 ...... , WD No. A M -4I 8—36 F.R. 16938, Muskingum County, Ohio. Modification No. 1 CHANGE: Elevator constructors...... 8.82 .196 .20 2%+a&b .005 ...... Elevator constructors’ helpers______I.IIIIIIIIIII IIII I II 70%JR .195 .20 2%+a&b .005 ...... Sheet metal workers...... IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII $8.13 .36 -V -30 .04 ...... WD No. A M -414— 86 F.R . 1594s, Portage County, Ohio. Modification No. 1 CHANGE: Ironworkers—remainder of county: Structural, reinforcing and ornamental...... __...... 8.20 .50 .55 $0.65 .01 ______WD No. A M -415—86 F.R . 15948, Stark County, Ohio. Modification No. 1 CHANGE: Ironworkers: Structural, ornamental reinforcing...... 8.35 .40 .40 . .02 ...... WD No. A M -4I6—36 F.R . 15953, Summit County, Ohio. Modification No. 1 CHAN GE: ^Ironworkers: > Structural, ornamental and reinforcing...... 8.20 .50 .55 .65 .01 ...... WD No. AM-417—36 F.R. 15958, Trumbull County, Ohio. Modification No. T CHAN GE: Elevator constructors______.... ______8.45 .195 ' .20 PevatOr constructors’ helpers.. . 2%+a&b .005 ___ OMIT: , ...... " ...... — ...... 70%JR .195 .20 2%+a&b .005 _____ Plumbers and steamfitters______$8.15 .27 ADD: _ ...... ! ...... : ...... 20 . .01 Plumbers and steamfitters, Liberty & Hubbard T w p s...... 7.61 .30 .40 $1.00 Plumbers and steamfitters, remainder of county..'...... I... .02 . 9.15 .27 .20 . .oí

Wisconsin

Basic Fringe benefits payments Classification rates' H & W Pensions Vacation App. Tr. Other ■

CHANGE- ^ ° ' AM-433—86 F.R. 16005, Rock County, Wis. Modification No. S Cable splicers...... Ironworkers: 1% 6,6%+d 0.25%...... Vicinity of Janesville, Beloit, Oxfordville, Shopiers, and Clinton: Structural, ornamental and reinforcing .175 $0.125......

[PR Doc.71-14297 Filed 9-30-71;8:45 am]

presently reflected in the Oflicial Docket I & S NO. 8637, Mechanical Protective Serv­ INTERSTATE COMMERCE of the Commission. An attempt will be ice of Perishables— Nationwide, now as­ made to publish notices of cancellation signed October 4, 1971, at San Francisco, COMMISSION of hearings as promptly as possible, but Calif., will be held in Courtroom 14> 2d interested parties should take appro­ Floor, U.S. Court of Appeals and Post Office Building, Seventh and Mission Streets, in­ ASSIGNMENT OF HEARINGS priate steps to insure that they are noti­ stead of Room 503, 555 Battery Street. fied of cancellation or postponements of • Correction MC 33641 Sub 80, IM L Freight, Inc., dis­ hearings'in which they are interested. missed. In F.R. Doc. 71—13674 appearing at MC 84528 Sub 18, Automobile Transport MC 124154 Sub 28, Wingate Trucking Co., page 18561 in the issue for Thursday, Company of California, assigned December Inc., dismissed. September 16, 1971, the fourth entry 13, 1971, in Room 13216B, Federal Build­ MC 133244 Sub 1, Trans United, Inc., dis­ from the end of the document should ing, 450 Golden Gate Avenue, San Fran­ missed. read as follows: cisco, CA. [ s e a l ] R o b e r t L . O s w a l d , MC 108449 Sub 327, Indianhead Truck Line, Me 135110, Wood’s Trucking Co., Ltd., as­ Inc., now assigned November 10, 1971, at Secretary. signed November 15, 1971, in Room 410, Old Room 1086A, Everett McKinley l5irksen [FR Doc.71-14443 Filed 9-30-71;8:48 am] Post Office Building, 121 Ellicott Street, Building, 219 South Dearborn Street, Chi­ Buffalo, NY. cago, IL. MC 106398 Sub 308, National Trailer Convoy, FOURTH SECTION APPLICATION FOR a ssig n m en t o f h ea r in g s Inc., assigned December 8, 1971, in Room 13216B, Federal Building, 450 Golden Gate RELIEF Avenue, San Francisco, CA. S e p t e m b e r 28, 1971. S e p t e m b e r 28, 1971. MC 51146 Sub 211, Schneider Transport & Cases assigned for hearing, postpone­ Storage, Inc., assigned December 6, 1971, Protests to the granting of an applica­ ment, cancellation or oral argument ap- in Room 13216B, Federal Building, 450 tion must be prepared in accordance below &nd will be published only Golden Gate Avenue, San Francisco, CA. with Rule 1100.40 of the general rules nee. This list contains prospective as- NO. 35420, Arizona Intrastate Freight Rates of practice (49 CFR 1100.40) and filed gnments only and does hot include and Charges— 1971, now assigned Decem­ cases previously assigned hearing dates, ber 1, 1971, at Phoenix, Ariz., will be held within 15 days from the date of publica­ in the Oil & Gas Commission, 4515 North tion of this notice in the F ederal e hearings will be on the issues as Seventh Avenue. R e g is t e r .

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 19290 NOTICES

L o n g - a n d -S h o r t H a u l the intermediate points of Seattle (and thority sought to operate as a common its commercial zone), Moses Lake, Wash., carrier, by motor vehicle, over irregular PSA No. 42282—Iron and steel articles restricted to traffic moving to, from, or routes, transporting: Com starch, from to New Orleans, La. Piled by Illinois through Spokane or Moses Lake, for 180 Cedar Rapids, Iowa, to points in Illinois Freight Association, agent (No. 370), for days. Note: Applicant states it will in­ and Minnesota, for 180 days. Supporting interested rail carriers. Rates on iron and terline at Tacoma, Seattle, and Spokane, shipper: Penick & Ford, Ltd., 10th Ave­ steel articles, viz.: Tees, in carloads, as Wash. Supported by: This application is nue and First Street SW.» Cedar Rapids, described in the application, from Chi­ supported by more than 25 supporting IA 52406. Send protests to: Ellis L. An­ cago, Chicago Heights, Hennepin, Joliet, shippers. The letter may be inspected at nett, District Supervisor, Interstate and Sterling, El., to New Orleans, La. the Interstate Commerce Commission of­ Commerce Commission, Bureau of Oper­ Grounds for relief—Market competi­ fice in Washington, D.C. 20423, or the ations, 677 Federal Building, Des Moines, tion. Seattle office. Send protests to: E. J. Iowa 50309. Tariff—Supplement 75 to Hlinois Casey, District Supervisor, Bureau of Freight Association, agent, tariff ICC No.-MC 59264 (Sub-No. 51 T A ), filed Operations, Interstate Commerce Com­ September 15,1971. Applicant: SMITH & 1159. Rates are published to become ef­ mission, 6130 Arcade Building, Seattle, fective on November 5, 1971. SOLOMON TRUCKING COMPANY, Wash. 98101. How Lane, New Brunswick, N.J. 08902. By the Commission. No. MC 30844 (Sub-No. 368 T A ), filed Applicant’s representative: H. Burstein, [ s e a l ] R obert L. O s w a l d , September 16, 1971. Applicant: KROB- 30 Church Street, New York, N Y 10007. Secretary. LIN REFRIGERATED XPRESS, INC., Authority sought to operate as a common [P R Doc.71-14442 Piled 9-30-71:8:48 am] 2125 Commercial StreetrPost Office Box carrier, by motor vehicle, over irregular 5000, Waterloo, IA 50704. Applicant’s routes, transporting: Printing ink, in representative: Paul Rhodes (same ad­ bulk, in tank vehicles, from Philadelphia, [Notice 372] dress as above). Authority sought to Pa., to Glen Bumie, Md., restricted to MOTOR CARRIER TEMPORARY operate as a common carrier, by motor shipments originating at the plantsite of AUTHORITY APPLICATIONS vehicle, over irregular routes, transport­ Levey Division Cities Service Co., for 150 ing: Unpackaged and packaged glass days. Supporting shipper: Cities Serv­ S e p te m b e r 27,1971. aquariums, aquarium accessories, sup­ ice Co., Levey Division, 1223 Washington The following are notices of, filing of plies and equipments, from Saginaw, Avenue, Philadelphia, PA 19147. Send applications for temporary authority un­ Mich., to points in Colorado, Georgia, protests to: District Supervisor Robert der section 210a(a) of the Interstate Illinois, Iowa, Kansas, Louisiana, Minne­ S. H. Vance, Bureau of Operations, In­ Commerce Act provided for under the sota, Missouri, Nebraska, New York, terstate Commerce Commission, 970 new rules of Ex Parte No. MC-67 (49 Ohio, Pennsylvania, Tennessee, Virginia, Broad Street, Newark, NJ 07102. CFR Part 1131), published in the F ederal and Wisconsin, for 180 days. Supporting shipper: O’Dell Manufacturing, Inc., No. MC 103993 (Sub-No. 663 T A ), filed R eg ist e r , issue of April 27, 1965, effec­ September 16, 1971. Applicant: MOR­ tive July 1,1965. These rules provide that 1930 South Third Street, Saginaw, M I. GAN DRIVE AWAY, INC., 2800 West 48601. Send protests to: Ellis L. Annett, protests to the granting of an applica­ Lexington Avenue, Elkhart, IN 46514. tion must be filed with the field official District Supervisor, Interstate Commerce Commission, Bureau of Operations, 677 Applicant’s representative: Ralph H. named in the F ederal R eg ister publica­ Miller (same address as above). Author­ Federal Building, Des Moines, Iowa 50309. tion, within 15 calendar days after the ity sought to operate as a common car­ date of notice of the filing of the appli­ No. MC 32882 (Sub-No. 64 T A ), filed rier, by motor vehicle, over irregular cation is published in the F ederal R eg­ September 16, 1971. Applicant: M ITCH­ routes, transporting: Trailers, designed is t e r . One copy of such protests must be ELL BROS. TRUCK LINES, 3841 North to be drawn by passenger automobiles, served on the applicant, or its authorized Columbia Boulevard, Post Office Box in initial movements, from Van Wert representative, if any, and the protests 17039, Portland, OR 97217. Applicant’s County, Ohio, to points in the United must certify that such service has been representative: Ellis F. Chartier (same States (except Alaska and Hawaii), for made. The protests must be specific as to address as above). Authority sought to 180 days. Supporting shipper:'Magnolia the service which such protestant can operate as a common carrier, by motor Homes Division, Guerdon industries, and will offer, and must consist of a vehicle, over irregular routes, transport­ Inc., Louisville, Ky., and Ohio City (Van signed original and six copies. ing: General commodities, except those Wert County), Ohio. Send protests to: A copy of the application is on file, of unusual value, dangerous explosives, Acting District Supervisor John E. Ry- y.nd can be examined at the Office of the household goods as defined by the Com­ den, Bureau of Operations, Interstate Secretary, Interstate Commerce Com­ mission, and those injurious or contami­ Commerce Commission, Room 204, 345 mission, Washington, D.C., and also in nating to other lading, between the port West Wayne Street, Fort Wayne, IN field office to which protests are to be of entry on the international boundary 46802. transmitted. line, between the United States and Can­ No. MC 106116 (Sub-No. 3 TA ), filed M otor C arriers o f P r o pe r t y ada at or near Blaine, and Sumas, Wash., September 15, 1971. Applicant: THEO­ on the one hand, and, on the other, No. MC 9269 (Sub-No. 14 T A ), filed DORE MARABELLI, doing business as points in Washington, Oregon, and Cali­ THEODORE MARABELLI TRUCKING September 15, 1971. Applicant: BEST fornia, for 180 days. Supporting ship­ W AY MOTOR FREIGHT, INC., 1765 LINES, Rural Delivery No. 2, Tunkhan- pers: The East Asiatic Co., Inc., 616 nock, PA 18657. Applicant's representa­ Sixth Avenue South, Seattle, W A 98134. Times Building, Portland, Oreg. 97204; Applicant’s representative: Ben Brown General Steamship Corp., Ltd., 425 tive : Kenneth R. Davis, 999 Union Street, (same address as above). Authority Southwest Washington Street, Portland, Taylor, PA 18517. Authority sought to sought to operate as a common carrier, OR 97204; International Shipping Co., operate as a common carrier, by motor by motor-vehicle, over regular routes, World Trade Building, Portland, Oreg. vehicle, over irregular routes, transport­ transporting: General commodities (ex­ 97204. Send protests to: District Super­ cept household goods, as defined by the ing : Coal, from points in Luzerne County, visor W. J. Huetig, Interstate Commerce Pa., to Buffalo and Syracuse, N.Y., and Commission, classes A and B explosives, Commission, Bureau of Operations, 450 those of unusual value, commodities in Multnomah Building, 319 Southwest other points in New York east of a line bulk, commodities requiring special Pine Street, Portland, OR 97204. extending from the New York-Pennsyl- equipment, and those injurious or con­ vania State line over New York High­ No. MC 38835 (Sub-No. 27 T A ), filed taminating to other lading), from the way 12 to junction New York Highway commercial zone of Tacoma, Wash., to September 16, 1971. Applicant: JENSEN the commercial zone of Spokane, Wash., TRANSPORT, INC., 300 Ninth Avenue 26, thence over New York Highway 26 and return, as follows: From Tacoma SE., Independence, IA 50644. Applicant’s to Antwerp, N.Y., thence over U.S. High­ over Interstate Highway 5 to Spokane, representative: Kenneth F. Dudley, Post way 11 to junction New York Highway and return over the same route serving Office Box 279, Ottumwa, IA 52501. Au­ 87 to Ogdensburg, N.Y., for 180 days.

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 NOTICES 19291

Supporting shipper: Lehigh Valley An­ Huntbatch, Traffic Division Supervisor). 36 South Pennsylvania Street, Indianap­ thracite, Inc., Post Office Box 450, Pitts- Send protests to: District Supervisor olis, IN 46204. ton, PA 18640. Send protests to: Paul J. Lyle D. Heifer, Interstate Commerce Kenworthy, District Supervisor, Inter­ Commission, Bureau of Operations, 135 No. MC 135034 (Sub-No. 2TA) state Commerce Commission, Bureau of West Well Street, Room 807, Milwaukee, (Amendment), filed August 20,1971, pub­ Operations, 309 U.S. Post Office Building, W I 53203. lished F ederal R eg ister September 8, Scranton, PA 18503. 1971, amended and republished as No. MC 123316 (Sub-No. 4 T A ), filed amended this issue. Applicant: KAPE No. MC 119767 (Sub-No. 276 T A ), filed September 15, 1971. Applicant: M ILAN EXPRESS, INC., Post Office Box 5773, September 15,1971. Applicant: BEAVER TRUCKING CO., INC., 233 South Glad­ Toledo, OH 43613. Applicant’s represent­ TRANSPORT CO., Post Office Box 188, stone Avenue, Columbus, IN 42741. Ap­ atives: Keith F. Henley and Paul F. Pleasant Prairie, W I 53158, Office: plicant’s representative: R. Loser, 1001 Beery, 88 East Broad Street, Columbus, 1-94 and County Highway C, Bristol, Chamber of Commerce Building, Indian­ OH 43215. Authority sought to operate WI 53104. Applicant’s representative: apolis, Ind. Authority sought to operate as a contract carrier, by motor vehicle, Fred H. Figge (same address as above). as a contract carrier, by motor vehicle, over irregular routes, transporting: Authority sought to operate as a com­ over irregular routes, transporting : Laboratory and museum furniture and mon carrier, by motor vehicle, over ir­ Meats, packinghouse products, and equipment and parts and accessories regular routes, transporting: Dairy commodities used by packinghouses, as for the same, from Adrian, Mich., to •products and commodities distributed by described in appendix 1 to the report in points in the United States, for 180 days. dairies (except commodities in bulk), Descriptions in Motor Carrier Certifi­ Supporting shipper: Kewaunee Scien­ from Browerville, Minn., to points in cates, 61 M.C.C. 209 and 766 (except tific Equipment Corp., Adrian, Mich. Indiana and Illinois (except Chicago); dairy products, hides, and commodities 49221. Send protests to: Keith D. W ar­ from points in Minnesota to points in in bulk), from Detroit, Mich., to Cincin­ ner, District Supervisor, Interstate Com­ Ohio on and west of a line beginning at nati, Cleveland, Columbus, Dayton, and merce Commission, Bureau of Opera­ Sandusky, Ohio, and extending south Toledo, Ohio; Fort Wayne and Indian­ tions, 5234 Federal Office Building, 234 along Ohio Highway 4 to Marion, Ohio, apolis, Ind., and Louisville, Ky., for 180 Summit Street, Toledo, OH 43604. N o te : The purpose of this republication is to and thence south along U.S. Highway 23 days. Supporting shipper: Glendale redescribe the authority sought. to Portsmouth, Ohio; from points in Foods, Inc., 1930 Division Street, Detroit, Minnesota to points in Missouri (except M I 48207. Send protests to: James W. By the Commission. Kansas City), for 180 days. Supporting Habermehl, District Supervisor, Inter­ [ s e a l ] R obert L. O s w a l d , shipper: Land O’Lakes, Inc., Post Office state Commerce Commission, Bureau of Secretary, Box 116, Minneapolis, MN 55440 (Gary Operations, Room 802, Century Building, [FR Doc.71-14441 Filed 9-30-71:8:48 am]

LIST OF FEDERAL REGISTER PAGES AND DATES— OCTOBER

Pages Date 19237-19291 — ______Oct. 1

)

X

FEDERAL REGISTER, VOL. 36, NO. 191— FRIDAY, OCTOBER 1, 1971 PUBLIC PAPERS OE THE PRESIDENTS OF THE UNITED STATES CONTENTS

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