SATURDAY, DECEMBER 4, 1971

WASHINGTON, D.C.

Volume 36 ■ Number 234

Pages 23129-23189

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. "

DANGEROUS DRUGS— Justice Dept, proposal on aggregate production quotas for amphetamines and methamphetamine; comments by 1-3—72.. 23165

RADIOACTIVE WASTES— AEC regulation con­ cerning sea disposal-'.-______23138

FOREIGN AIR CARRIERS— CAB rules on “wet leasing” charters (4 documents); effective 1— 19-72 .______23141, 23145, 23146

CUSTOMS— Customs Bur. amendments provid­ ing for refund of excessive duties and taxes to su rety...... 23150

ANTIBIOTIC DRUGS— FDA amendment raising upper potency limit for nystatin vaginal tablets. .. 23152

EQUAL EMPLOYMENT OPPORTUNITY— Labor ‘ Dept, affirmative action regulations for federal contractors; effective 1 2 -4-7 1 ...... 23152

CUSTOMS PRECLEARANCE— Customs Bur. notice of biweekly reimbursable costs______23165

FOOD ADDITIVES— FDA regulation on identity standard for cocoa used in manufacturing...... 23150 FDA notices of petition for safe use of sub­ stances in manufacture of food contact articles (2 documents)...... 23168

(Continued inside) A

Current White House Releases

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS

This unique service makes available transcripts of system of cumulative indexes. Other finding aids the President’s news conferences; messages to Con­ include lists of laws approved by the President and gress; public speeches, remarks, and statements; of nominations submitted to the Senate, a checklist and other Presidential materials released by the of White House releases, and a digest of other White House announcements. White House. This systematic publication of Presidential items The Weekly Compilation carries a Monday date­ provides users with up-to-date information and a line and covers materials released during the pre­ permanent reference source concerning Presidential ceding week. It includes an Index of Contents and a policies and pronouncements.

Subscription Price: $9.00 per year

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 FEDERA^REGISTER Archives and Records Service, General Services Administration, Washington, D.C. 20408, Area Code 202 V »» Phone 962-8626 V/wireO* 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. ' i The F ederal Register will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op Federal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op 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 o p Federal R egulations. HIGHLIGHTS— Continued

MEAT INSPECTION— USDA proposal to require NUCLEAR FACILITY CONSTRUCTION— AEC approval of facilities used for inspection of im­ notice regarding construction at various sites ported products; comments within 60 days...... 23161 during NEPA environmental review (4 docu­ m e n t s ) ...... 23171, 23172

CRUDE OIL IMPORTS— Interior Dept, proposal PACKERS AND STOCKYARDS— USDA amend­ on allocations; comments by 1-3-72 and ments on registration, bonding and posting; 2-1-72 . . . ______1...... 23158 effective 1-1-72 and 5 -1 -7 2 ..... 23139

Contents

AGRICULTURAL STABILIZATION CIVIL SERVICE COMMISSION FEDERAL CONTRACT AND CONSERVATION Rules and Regulations COMPLIANCE OFFICE SERVICE Excepted service: Rules and Regulations Action ______23135 Notices Federal Communications Com­ Affirmative action programs_____23152 Puerto Rico; hearing regarding mission ______23135 proportionate shares for 1972-73 FEDERAL COMMUNICATIONS crop of sugar_____‘______23167 COMMERCE DEPARTMENT COMMISSION See National Oceanic and Atmos­ AGRICULTURE DEPARTMENT pheric Administration. Notices Common carrier services informa­ See Agricultural Stabilization and CONSUMER AND MARKETING tion; domestic public radio serv­ Conservation Service; Animal SERVICE ices applications accepted for and Plant Health Service; Con­ filin g ______23173 sumer and Marketing Service; Rules and Regulations Packers and Stockyards Admin­ Domestic dates produced or FEDERAL MARITIME istration. packed in Riverside County, Calif.; additional product out­ COMMISSION ANIMAL AND PLANT HEALTH lets ______23137 Notices SERVICE Handling limitations: Grapefruit grown in the Indian Agreements filed for approval (3 Rules and Regulations River District in Florida_____23135 documents)______23176, 23177 Hog cholera and other communi­ Lemons grown in California and Tolonen, C. E. Co., Inc.; order to cable swine diseases; areas quar­ Arizona______23135 show cause______23175 antined ______23139 Olives; grade and size require­ Viking Importrade, Inc., and Ber­ ments ______23136 nard Lang and Co.; order of in­ ATOMIC ENERGY COMMISSION Proposed Rule Making vestigation and hearing______23176 Rules and Regulations Meat inspection; import inspec­ FEDERAL POWER COMMISSION Standards for protection against tion establishments______23161 radiation; disposal of radioac­ Milk in Michigan marketing area; Proposed Rule Making tive wastes at sea______23138 proposed suspension of certain provision of order______23161 Monthly report of cost and qual­ Notices ity of fuels for steam-electric Applications for construction per­ CUSTOMS BUREAU p la n ts______23163 mits: Alabama Power Co______23168 Rules and Regulations Notices Consumers Power Co______23169 Financial and accounting proce­ National Gas Survey Executive Nuclear facility construction; con­ dure; refund of excessive duties Advisory Committee; order des­ struction at various sites during and taxes to surety______23150 ignating member______23179 NEPA environmental review (4 Reimbursable compensation for Southern Louisiana Area Rate documents)______23171, 23172 customs warehouse officer_____23149 Proceeding et al.; statement of Notices p o lic y ______23180 CIVIL AERONAUTICS BOARD Reimbursable services; excess cost Hearings, etc.: of preclearance operations_____23165 Columbia LNG Corp., and Con­ Rules and Regulations solidated System LNG Co____23177 Foreign air carriers; rules on “wet FEDERAL AVIATION Consolidated System LNG Co. (2 documents)______23177, 23178 leasing” charters (4 docu­ ADMINISTRATION ments) ______23141, 23145, 23146 Pacific Gas Transmission Co___23178 Rules and Regulations Southern Energy Co. (2 docu­ Notices Airworthiness directives; North ments) ____T______23179 Hearings, etc.: American Rockwell airplane___23140 Southern Natural Gas Co. (2 Balair A G _i______23173 documents)______23179, 23180 Standard Instrument approach Southwest Gas Corp______23178 International Air Transport As­ procedures; m is c e lla n e o u s sociation (2 documents)_____23173 amendments______23141 (Continued on next page) 23131 23132 CONTENTS

FEDERAL RAILROAD INTERIM COMPLIANCE PANEL NATIONAL CREDIT UNION ADMINISTRATION (COAL MINE HEALTH AND ADMINISTRATION Notices SAFETY) Rules and Regulations Algeres, Winslow and Western Notices Minimum bond coverage sched­ Railway Co.; petition for fur­ Applications for renewal permits: ule; technical revision of bond ther exemption------23168 Hazel Dell Coal Corp., et al------23181 fo rm s ______23140 Imperial Smokeless Coal Co____23181 FEDERAL RESERVE SYSTEM Notices INTERIOR DEPARTMENT NATIONAL OCEANIC AND Associated Bank Corp.; order ap­ See Fish and Wildlife Service; ATMOSPHERIC proving action to become hold­ Geological Survey; Land Man­ ADMINISTRATION ing company ------23181 agement Bureau. Notices FISCAL SERVICE INTERNAL REVENUE SERVICE Apel, Warren C., Jr.; loan appli­ Notices Proposed Rule Making cation ______:______23167 Leatherby Insurance Company; Income tax; imposition of tax on New Atlantic, Inc.; supplemental surety company acceptable on nonresident alien individuals, hearings (3 documents)_ 23167, 23168 Federal Bonds______23165 etc.; correction______23163 OIL AND GAS OFFICE FISH AND WILDLIFE SERVICE INTERSTATE COMMERCE Rules and Regulations COMMISSION Proposed Rule Making Buffalo Lake National Wildlife Crude oil imports; allocations__ 23158 Refuge, Texas; sport fishing-----23157 Notices Assignment of hearings------23183 FOOD AND DRUG Motor carrier temporary authority PACKERS AND STOCKYARDS applications (2 documents)----- 23183, ADMINISTRATION ADMINISTRATION 23185 Rules and Regulations Motor carrier transfer proceed­ Rules and Regulations Antibiotic drugs ; raising upper ings ______—------23188 Packers and stockyards; registra­ limit for nystatin vaginal tab- tion, bonding and posting______23139 lets______23152 JUSTICE DEPARTMENT Cocoa used in manufacturing; See Narcotics and Dangerous SMALL BUSINESS identity standard------23150 Drugs Bureau. Notices ADMINISTRATION LABOR DEPARTMENT Argus Chemical Corp.; filing of Notices petition for food additive______23168 See Federal Contract Compliance Wells Laboratories Inc.; filing of Office. Applications files: petition for food additive------23168 Florida Crown Minority Enter­ LAND MANAGEMENT BUREAU prise Small Business Invest- GEOLOGICAL SURVEY Rules and Regulations ment Co______:------23182 Notices Alaska; public land order------23157 Kent Capital Corp------23182 Gunnison River, Colo.; power site Notices cancellation ______23166 TRANSPORTATION DEPARTMENT North Fork Payette River, Idaho; California; proposed withdrawal and reservation of lands------23166 power site classification______23166 See Federal Aviation Adminis­ Siuslaw River, Oreg.; power site tration; Federal Railroad Ad­ cancellation ______23167 NARCOTICS AND DANGEROUS DRUGS BUREAU ministration. HEALTH, EDUCATION, AND Notices TREASURY DEPARTMENT WELFARE DEPARTMENT Amphetamines and metham- See Customs Bureau; Fiscal Serv­ See Food and Drug Administra­ phetamine; proposed aggregate tion. production quotas______23165 ice; Internal Revenue Service. CONTENTS 23133 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 12 CFR 26 CFR 213 (2 documents) 23135 701______.23140 P roposed R u l e s : 1— ______23163 7 CFR 14 CFR 910______- . 23135 39 — ______23140 32A CFR 912______.23135 97 ______23141 P roposed R u l e s : 944______r_-__ .. 23136 212__ r______23141 Ch. X ______23158 987— ------. 23137 214 ______23145 217...... ______23146 P roposed R u l e s : 41 CFR 218 ______23146 1040______—. . 23161 60-2______23152 18 CFR 9 CFR P roposed R ules: 43 CFR 76------. 23139 141______23163 201______23139 P u b l ic L an d O r ders: P roposed R u l e s : 19 CFR 4582 (modified by PLO 5145)------23157 4962 (see PLO 5145)______23157 301______— _ 23161 1 9 ______23149 5081 (see PLO 5145)______23157 312______23161 2 4 ______: ______23150 327______. 23161 5145______23157 21 CFR 50 CFR 10 CFR 1 4 ______23150 20_____ . 23138 121______— _____23150 33______23157 148k______...... 23152

23135 Rules and Regulations

Order No. 910, as amended (7 CFR Part (Secs. 1-19, 48 Stat. 31, as amended; 7 ÜJ5.C. Title 5— ADMINISTRATIVE 910; 36 F.R. 9061), regulating the han­ 601-674) dling of lemons grown in California and Dated: December 2, 1971. Arizona, effective under the applicable PERSONNEL P aul A. N icholson, provisions of the Agricultural Marketing Chapter I— Civil Service Commission Acting Director, Fruit and Agreement Act of 1937, as amended (7 Vegetable Division, Consumer PART 213—-EXCEPTED SERVICE U.S.C. 601-674), and upon the basis of and Marketing Service. the recommendations and information Action submitted by the Lemon Administrative [FR Doc.71-17824 Plied 12-3-71;8:51 am] Section 213.3359 is amended to show Committee, established under the said that one additional position of Chauffeur amended marketing agreement and [Grapefruit Reg. 83] order, and upon other available informa­ to the Director of Action is excepted un­ PART 912— GRAPEFRUIT GROWN IN der Schedule C. tion, it is hereby found that the limi­ tation of handling of such lemons, as THE INDIAN RIVER DISTRICT IN Effective on publication in the F ederal hereinafter provided, will tend to effec­ FLORIDA Register (12-4-71), paragraph (b) of tuate the declared policy of the act. § 213.3359 is amended as set out below. (2) It is hereby further found that it Limitation of Handling § 213.3359 Action. is impracticable and contrary to the pub­ § 912.383 Grapefruit Regulation 83. * * * * * lic interest to give preliminary notice, en­ gage in public rule-making procedure, (a) Findings. (1) Pursuant to the (b) Two Chauffeurs to the Director of and postpone the effective date of this marketing agreement, as amended, and Action. section until 30 days after publication Order No? 912, as amended (7 CFR Part (5 TJ.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR hereof in the F ederal R eg ist e r (5 U.S.C. 912), regulating the handling of grape­ 1954-58 Comp., p. 218) 553) because the time intervening be­ fruit grown in the Indian River District in Florida, effective under the applicable U nited States Civil Serv­ tween the date when information upon which this section is based became avail­ provisions of the Agricultural Marketing ice Commission, Agreement Act of 1937, as amended (7 [ seal] James C. Spry, able and the time when this section must become effective in order to effectuate U.S.C. 601-674), and upon the basis of Executive Assistant to the recommendations and information the Commissioners. the declared policy of the act is insuffi­ cient, and a reasonable time is permitted, submitted by the Indian River Grape­ [PR Doc.71-17756 Piled 12-3-71;8:47 am] under the circumstances, for preparation fruit Committee, established under the for such effective time; and good cause said amended marketing agreement and PART 213—-EXCEPTED SERVICE exists for making the provisions hereof order, and upon other available infor­ effective as hereinafter set forth. The mation, it is hereby found that the limi­ Federal Communications Commission committee held an open meeting during tation of handling of such grapefruit, as hereinafter provided, will tend to effec­ In the F ederal R egister (F.R. Doc. 71- the current week, after giving due notice 6607) of May 12, 1971, paragraph (a) of thereof, to consider supply and market tuate the declared policy of the act. § 213.3138(a) was incorrectly stated. It conditions for lemons and the need for (2) It is hereby further found that it iis impracticable and contrary to the pub­ should read as follows. regulation; interested persons were af­ forded an opportunity to submit infor- lic interest to give preliminary notice, § 213.3138 Federal Communications matioh and views at this meeting; the engage in public rule-making procedure, Commission. recommendation and supporting infor­ and postpone the effective date of this (a) The Chief of each of the followingmation for regulation during the period section until 30 days after publication Bureaus: Common Carrier and Safety specified herein were promptly submitted hereof in the F ederal R e g ist e r (5 U.S.C. and Special Radio Services. to the Department after such meeting 553) because the time intervening be­ was held; the provisions of this section, tween the date when information upon (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR which this section is based became avail­ 1954-58 Comp., p. 218) including its effective time, are identical with the aforesaid recommendation of able and the time when this section must U nited States Civil S erv- the committee, and information concern­ become effective in order to effectuate _ ice Commission, ing such provisions and effective time has the declared policy of the act is insuf­ [ seal] James C. Spry, been disseminated among handlers of ficient, and a reasonable time is permit­ Executive Assistant to such lemons; it is necessary, in order to ted, under the circumstances, for prepa­ the Commissioners. effectuate the declared policy of the act, ration for such effective time; and good [PR Doc.71-17757 Filed 12-3-71;8:47 am ] to make this section effective during the cause exists for making the provisions hereof effective as hereinafter set forth. period herein specified; and compliance The committee held an open meeting with this section will not require any spe­ during the current week, after giving due Title 7— AGRICULTURE cial preparation on the part of persons notice thereof, to consider supply and subject hereto which cannot be com­ market conditions for Indian River Chapter IX— Consumer and Market­ pleted on or before the effective date grapefruit, and the need for regulation; ing Service (Marketing Agreements hereof. Such committee meeting was held interested persons were afforded an op­ portunity to submit information and and Orders; Fruits, Vegetables, on November 30, 1971. Nuts), Department of Agriculture views at this meeting; the recommenda­ (b) Order. (1) The quantity of lemons tion and supporting information for reg­ [Lemon Reg. 510] grown in California and Arizona which ulation during the period specified PART 910— LEMONS GROWN IN may be handled during the period herein were promptly submitted to the CALIFORNIA AND ARIZONA December 5, 1971, through December 11, Department after such meeting was 1971, is hereby fixed at 200,000 cartons. held; the provisions of this section, in­ Limitation of Handling cluding its effective time; are identical (2) As used in this section, “handled” with the aforesaid recommendation of § 910.810 Lemon Regulation 510. and “ carton(s) ” have the same meaning the committee, and information concern­ (a) Findings. (1) Pursuant to the as when used in the said amended mar­ ing such provisions and effective time marketing agreement, as amended, and keting agreement and order. has been disseminated among handlers

FEDERAL REGISTER, V O L 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23136 RULES AND REGULATIONS of such Indian River grapefruit; it is Order No. 932 as the local agency to ad­ in any lot weigh not less than V75 pound necessary, in order to effectuate the de­ minister the terms and conditions there­ (6.0 grams) each: Provided, That not clared policy of the act, to make this of. Said exception cited the possible un­ more than 25 percent, by count, of the section effective during the period herein wholesomeness of imported canned ripe olives may weigh less than pound each specified; and compliance with this sec­ olives because of the canning methods except that not more than 10 percent, tion will not require any special prepara­ prevalent in some foreign countries by count, of the olives may weigh less tion on the part of persons subject which are possible sources of such olives. than y»2 pound (5.5 grams) each; hereto which cannot be completed on or Inasmuch as the imported commodity (3) Canned whole ripe variety group before the effective date hereof. Such also is subject to the applicable regula­ 1 olives of the Ascolano, Barouni, and St. committee meeting was held on Decem­ tions in effect pursuant to the Federal Agostino varieties, shall be of such a size ber 2, 1971. Food, Drug, and Cosmetic Act the im­ that the individual olives in any lot weigh (b) Order. (1) The quantity of grape­ port regulation, as proposed and as here­ not less than pound (5.1 grams) each: fruit grown in the Indian River District inafter set forth, contains appropriate Provided, That not more than 25 percent, which may be handled during the period provisions notifying all potential im­ by count, of the olives may weigh less December 6, 1971 through December 12, porters of the applicability of regulations than pound each except that not more 1971, is hereby fixed at 137,500 standard’ under said act as administered by the than 10 percent, by count, of the olives packed boxes. Federal Food and Drug Administration. may weigh less than %8 pound (4.6 (2) As used in this section, “handled,” After consideration of all relevant grams) each; “Indian River District,” “grapefruit,” matter presented, including that in the (4) Canned whole ripe olives of variety and “standard packed box” have the notice, it is hereby found that issuance group 2, except the Obliza variety, shall same meaning as when used in said of said regulation, as hereinafter set be of such a size that the individual olives amended marketing agreement and forth, is in accordance with the provi­ in any lot weigh not less than Vuo pound order. sions of § 608e-l of the Agricultural Mar­ (3.2 grams) each: Provided, That not keting Agreement Act of 1937, as more than 35 percent, by count, of the (Sees. 1-19, 48 Stat. 31, as amended; 7 U.S.C. olives may weigh less than Vuo pound 601-674) amended, and will tend to effectuate the. declared policy of the act. each except that not more than 7 per­ Dated: December 2, 1971. The regulation is as follows: cent, by count, of the olives may weigh less than %6o pound (2.8 grams) each; P a u l A. N ic h o l s o n , § 944.401 Olive Regulation 1. Acting Director, Fruit and (5) Canned whole ripe variety group 2 Vegetable Division, Consumer (a) Definitions: (1) “ Canned ripe olives of the Obliza variety, shall be of and Marketing Service. olives” means olives in hermetically such a size that the individual olives in sealed containers and heat sterilized un­ any lot weight not less than %2 i pound [FR Doc.71-17789 Filed 12-3-71; 11:28 am] der pressure, of the two distinct types (3.7 grams) each: Provided, That not “ ripe” and “ green-ripe” as defined in more than 35 percent, by count, of [Olive Reg. 1] § 52.3752 of the U.S. Standards for the olives may weigh less than Vm pound Grades of Canned Ripe Olives (§§52.- each except that not more than 10 per­ PART 944— FRUITS; IMPORT 3751-3766 of this title 36 F.R. 16567). cent, by count, of the olives may weigh REGULATIONS The term does not include Spanish-style less than ^ 3 5 pound (3.3 grams) each; Grade and Size Requirements green olives. (6) Canned whole ripe olives not iden­ (2) “ Spanish-style green olives” means tifiable as to variety or variety group Notice was published in the F ederal olives packed in brine and which have shall be of such a size that the individual R e g ister issue of July 29, 1971 (36 F.R. been fermented and cured, otherwise olives in any lot weigh not less than % 4 0 14004), that the Department was giving known as “green olives.” pound (3.2 grams) each: Provided, That consideration to issuance of an import (3) “Variety group 1” means the fol­ not more than 35 percent, by count, of regulation, as hereinafter set forth, pur­ lowing varieties and any mutations, the olives may weigh less than %40 pound suant to the provisions of section 8e (7 sports, or other derivations of such varie­ each except that not more than 10 per­ U.S.C. 6Ü8e-l) of the Agricultural Mar­ ties: Aghizi Shami, Amellau, Ascolano, cent, by count, o f the olives may weigh keting Agreement Act of 1937, as Ascolano dura, Azapa, Balady, Barouni, less than %6o pound (2.8 grams) each; amended (7 U.S.C. 601-674, as further Carydolia, Cucco, Gigante di Cerignola, (7) Canned pitted ripe olives of amended by Public Law 91-670). Said Gordale, Grosane, Jahlut, Polymorpha, variety group 1, except the Ascolano, regulation would govern the importation Primara, Ropades, Sevillano, St. Agos­ Barouni, and St. Agostino varieties, shall into the United States of canned ripe tino, Tafahi, and Touffahi. be of such a size that the individual olives olives. As provided in said section 8e, (4) “Variety group 2” means the fol­ in any lot shall each measure at least 21 imports of Spanish-style green olives are lowing varieties and any mutations, millimeters in diameter: Provided, That not affected. The regulation would pre­ sports, or other derivations of such va­ not more than 25 percent, by count, of scribe grade and size requirements based rieties: Manzanillo, Mission, Nevadillo, the olives may measure less than 21 milli­ on the applicable grade and size require­ Obliza, and Redding Picholine. meters in diameter; ments in effect for canned ripe olives (5) “USDA inspector” means an in­ (8) Canned pitted ripe variety group 1 pursuant to the Federal marketing order spector of the Processed Products Stand­ olives of the Ascolano, Barouni, and St. for olives grown in California (Order No. ardization and Inspection Branch, Fruit Agostino varieties, shall be of such a size 932; 7 CFR Part 932; 36 F.R. 16185, and Vegetable Division, Consumer and that the individual olives in any lot shall 19113). The regulation also would include Marketing Service, U.S. Department of each measure at least 19 millimeters in a requirement that imports of canned Agriculture, or any other duly authorized diameter: Provided, That not more than ripe olives be inspected and certified by employee of the Department. 25 percent, by count, of the olives may the Department in accordance with the (6) “ Importation” means release from measure less than 19 millimeters in regulations governing inspection and custody of the U.S. Bureau of Customs. diameter; certification of Processed Fruits and (9) Canned pitted ripe olives of variety Vegetables, Processed Products Thereof, (b) On and after the effective date of this section the importation into the group 2, except the Obliza variety, shall and Certain Other Processed Food Prod­ United States of any canned ripe olives be of such a size that the individual olives ucts (7 CFR Part 52). is prohibited unless such olives are in­ in any lot shall each measure at least 16 The notice provided a period of 60 spected and meet the following appli­ millimeters in diameter: Provided, That days following publication during which cable requirements: not more than 35 percent, by count, of the interested persons could submit written olives may measure less than 16 milli" data, views, or arguments for considera­ (1) Canned ripe olives shall grade at tion in connection with the proposed least U.S. Grade C; meters in diameter; regulation. During such period an ex­ (2) Canned whole ripe olives of va­ (10) Canned pitted ripe variety group ception was submitted by the Olive Ad­ riety group 1, except the Ascolano, Ba­ 2 olives of the Obliza variety, shall be of ministrative Committee, established pur­ rouni, and St. Agostino varieties, shall such a size that the individual olives in suant to the provisions of said Marketing be of such a size that the individual olives any lot shall each measure at least 17

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 RULES AND REGULATIONS 23137 millimeters in diameter: Provided, That (2) a list of such lots and their identify­ specified date products for human con­ not more than 35 percent, by count, of ing marks. sumption. Section 987.156 is effective the olives may measure less than 17 milli­ (f) Notwithstanding any other provi­ pursuant to § 987.56 of the marketing meters in diameter; sions of this regulation, any importation agreement, as amended, and Order No. (11) Canned pitted ripe olives notOf canned ripe olives which, in the ag­ 987, as amended (7 CFR Part 987), regu­ identifiable as to variety or variety group gregate, does not exceed 100 pounds lating the handling of domestic dates shall be of such a size that the individual drained weight may be imported with­ produced or packed in Riverside County, olives in any lot shall each measure at out regard to the requirements of this Calif. The amended marketing agree­ least 16 millimeters in diameter: Pro­ section. ment and order are effective under the vided, That not more than 35 percent, by (g) It is hereby determined, on the Agricultural Marketing Agreement Act count, of the olives may measure less basis of the information currently avail­ of 1937, as amended (7 U.S.C. 601-674). than 16 millimeters in diameter; able, that the grade and size require­ The California Date Administrative (c) The Processed Products Standard­ments set forth in this regulation are Committee (hereinafter referred to as ization and Inspection Branch, Fruit and comparable to those applicable to Cali­ the “Committee”) met October 15 and Vegetable Division, Consumer and Mar­ fornia canned ripe olives. November 9, 1971, to consider the date keting Service, U.S. Department of Agri­ (h) No provisions of this section shall supply and demand outlook. The Com­ culture, is hereby designated as the supersede the restrictions or prohibitions mittee believes that the 1971-72 supply governmental inspection service for the on canned ripe olives under the provi­ of restricted and other marketable dates purpose of certifying the grade and size sions of the Federal Food, Drug, and available to meet product needs, i.e., in of canned ripe olives that are imported Cosmetic Act, or any other applicable the form of rings, chunks, pieces, butter, into the United States. Inspection by laws or regulations or the need to com­ paste, macerated dates, and syrup said inspection service with appropriate ply with applicable food and sanitary (specified in § 987.155(b)) will not be evidence thereof in the form of an official , regulations of city, county, State, or Fed­ adequate for such needs during the cur­ inspection certificate, issued by the serv­ eral agencies. rent crop year. The Committee further ice and applicable to the particular ship­ (i) The terms relating to grade and believes that the use during the 1971-72 ment of olives, is required on all imports size, as used herein, shall have the same crop year of substandard dates for prod­ of canned ripe olives. Such inspection meaning as when used in the U.S. Stand­ ucts would aid in satisfying such product and certification services will be avail­ ards for Grades of Canned Ripe Olives needs. able, upon application, in accordance (§§ 52.3751-52.3766 of this title, 36 F.R. The Committee has indicated that a with the applicable regulations govern­ 16567). substantial quantity of substandard ing the inspection and certification of (j) Each inspection certificate issued dates (suitable for human consumption) Processed Fruits and Vegetables, Proc­ with respect to canned ripe olives to be is available for use in the production of essed Products Thereof, and Certain imported into the United States shall the additional date products. However, Other Processed Food Products (Part 52 set forth, among other things: such dates presently can only be dis­ of this title). Application for inspection (1) The date and place of inspection; posed of in non-human food outlets, shall be made not less than 10 days prior (2) The name 'o f the shipper or which yield relatively low returns to to the time when the olives will be im­ applicant; producers, or for use in the production ported. Since inspectors are not located (3) The commodity inspected; of table syrup (§ 987.156(a)). Therefore, in the immediate vicinity of some of the (4) The quantity of the commodity the Committee concluded that the use small ports of entry, importers of canned covered by the certificate; through September 30, 1972, of sub­ ripe olives should make arrangements (5) The principal identifying marks standard dates, inspected and certified for inspection through one of the follow­ on the container; as such, in specified products for human ing offices at least 10 days prior to the (6) The railroad car initials and num­ consumption would tend to effectuate time when the olives will be imported r ber, the truck and the trailer license the declared policy of the act, and made number, the name of the vessel, or other its recommendation accordingly. Office Telephone identification of the shipment; and The action taken herein would permit Eastern Regional Office, (202) 388-7913 or (7) The following statement if the substandard dates to be used until Oc­ Room 0712, South 2088. Building, Processed facts warrant: Meets the U.S. import re­ tober 1, 1972, in the production of date Products Branch, Fruit quirements under section 8e of the Agri­ products in the form of rings, chunks, & Vegetable Division, cultural Marketing Agreement Act of pieces, butter, paste, or macerated dates. C&MS, USDA, W ash­ 1937, as amended. Thus, an additional supply of dates ington, D.C. 20250. (Secs. 1—19, 48 Stat. 31, as amended; 7 would be made available for date prod­ Central Regional Office, (312) 353-6217 or U.S.C. 601-674) ucts other than table syrup and provide 1010 U.S. Custom 6218. an opportunity for higher returns to House, 610 South Canal Dated November 30, 1971, to become date producers. Street, Chicago, IL effective 30 days after publication in the Based on the foregoing, the unanimous 60607. F ederal R eg iste r . Western Regional Office, (415) 556—4800. recommendation of the Committee, the 390 Main Street, Room P a u l A . N ic h o l s o n , information submitted therewith, and 7093, San Francisco, CA Acting Director, Fruit and Veg­ other available information, it is hereby 94105. etable Division, Consumer and found that the use of substandard dates Marketing Service. in the date products hereinafter speci­ (d) Inspection certificates shall cover i only the quantity of canned ripe olives [FR Doc.71-17733 Filed 12-3-71;8:45 am] fied for human consumption will tend to that is being imported at a particular effectuate the declared policy of the port of entry by a particular importer. act. Therefore, Subpart— Administrative PART 987-—DOMESTIC DATES PRO­ Rules and Regulations (7 CFR 987.100- (e) Inspection shall be performed by 987.174; 36 F.R. 15036), is hereby USDA inspectors in accordance with said DUCED OR PACKED IN RIVERSIDE amended by revising paragraph (a) of regulations governing the inspection and COUNTY, CALIF. § 987.156 to read as follows: certification of processed fruits and veg­ etables and related products (Part 52 of Product Outlets for Substandard Dates § 987.156 Disposition of substandard dates. this title). The cost of each such inspec­ The California Date Administrative tion and related certification shall be Committee has unanimously recom­ (a) Specified product outlets, bates borne by the applicant therefor. Appli­ mended that § 987.156 of Subpart— of any variety inspected and certified as cations for inspection shall be accompa­ Administrative Rules and Regulations substandard dates, as defined in § 987.15, nied by, or there shall be submitted (7 CFR 987.100-987.174; 36 F.R. 15036) may be disposed of by handlers for use, promptly thereafter, either (1) an “ on or used by them, in the production of be amended to permit substandard dates table syrup. Dates of any variety that board” bill of lading designating the lots to be disposed of by handlers for use, are inspected and certified as substand­ to be entered as canned ripe olives, or or used by them, in the production of ard dates, as defined in § 987.15, may be

„ „ FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 No. 234------2 23138 RULES AND REGULATIONS disposed of during the period Decem­ regarding ocean dumping of wastes, in­ not actively engaged in sea disposal at ber 4, 1971, through September 30, 1972, cluding the dumping of radioactive present. Since 1965, less than 200 curies by handlers for use, or used by them, wastes. The President’s message asked of radioactive waste have been disposed in the production of date products for the Council to work with other Federal of at sea. The last disposal at sea was human consumption in the form of rings, agencies and with State and local gov­ made in June 1970. chunks, pieces, butter, paste, or macer­ ernments on a comprehensive study that The Atomic Energy Commission’s ex­ ated dates. would result in research, legislative, and isting policy ^to phase out sea disposal * • * * * adm inistrative recommendations. The which is consistent with the spirit of the study led to the publication of “ Ocean CEQ report, the alternative means avail­ It is further found that it is imprac­ able for disposal of radioactive waste, and ticable, unnecessary, and contrary to the Dumping: A National Policy, a Report to the President prepared by the Council the lack of impact on the nuclear indus­ public interest to give preliminary no­ on Environmental Quality” in October try of discontinuance of sea disposal of tice and engage in public rule making radioactive waste provide the basis for procedure, and that good cause exists for 1970. With respect to the dumping of radio­ the amendment to 10 CFR Part 20. The not postponing the effective time until adoption of this rule change does not 30 days after publication in the F ederal active waste, the CEQ report made the following findings and recommendations: mean that the Commission considers sea R e g ister (5 U.S.C. 553) in that: (1 ) disposal of radioactive waste an unsafe Handlers have expressed the need to use The current policy of prohibiting ocean practice. Rather, it applies to licensee substandard dates suitable for products dumping of high-level radioactive wastes operations a policy which already exists as soon as possible to satisfy their cur­ should be continued. Low-level liquid dis­ charges to the ocean from vessels and land- for the AEC’s own operations and is con­ rent product needs; (2) in the absence sistent with the CEQ’s recommendations of this action being made effective based nuclear facilities are, and should continue to be controlled by Federal regula­ with respect to sea disposal of radioactive promptly, handlers would need to sort tions and international standards. The ade­ waste. The provisions of § 20.302 do not lots containing such dates, and thereby quacy of stich standards should be contin­ presently, and will not under this amend­ incur high sorting costs, so that the re­ ually reviewed. Ocean dumping of other ment, apply to low levels of radioactive mainder of the dates would meet current radioactive wastes should be prohibited. In material in liquid effluents released from quality requirements for products; (3) a very few cases, there may be no alterna­ nuclear facilities in accordance with this action relieves current restrictions tive offering less harm to m an or the envi­ ronment. In these cases ocean disposal should other provisions of the Commission’s on handlers by permitting additional regulations. outlets for substandard dates and should be allowed only when the lack of alternatives has been demonstrated. Planning of activities Under the amendment to Part 20 set become effective promptly to allow han­ which will result in production of radio­ dlers to utilize these additional outlets forth below, the Atomic Energy Commis­ active wastes should include provisions to sion would consider, on a case-by-case thereby tending to maximize sales at the avoid ocean disposal. higher prices and thus tending to in­ basis, applications for disposal of radio­ crease returns to producers as soon as The Atomic Energy Commission’s pol­ active waste at sea. The applicant would possible; (4) this action was unanimously icy since 1960 is consistent with the pol­ be required to show that sea disposal recommended by the Committee and icy expressed in the CEQ report. The AEC offers less harm to man or the environ­ handlers are aware of this recommenda­ has not permitted ocean disposal of high- ment than other practical alternative tion arrived at in open meetings to con­ level radioactive waste. The release of methods of disposal. sider the matter of using substandard low-level liquid effluents to the ocean Since the amendment merely codifies dates for products for human consump­ from vessels and land-based nuclear fa­ existing polity, the Commission has tion and were afforded the opportunity cilities, such as nuclear powerplants, is found that good cause exists for omitting to present their views at these meetings subject to Federal controls and contin­ notice of proposed rule making and pub­ and need no additional time or notice ually reviewed. lic procedure thereon as unnecessary. to adjust their operations thereto; and In June 1960 the Commission placed a Pursuant to the Atomic Energy Act of (5) no useful purpose would be served moratorium on the issuance of new li­ 1954, as amended, and sections 552 and by postponing the effective time hereof. censes for sea disposal. Existing licenses 553 of title 5 of the United Slates Code, (Secs. 1-19, 48 Stat. 31, as amended; 7 TJ.S.C. authorizing sea disposal were permitted the following amendment to Title 10, 601-674) to remain in effect and licensees were Chapter I, Code of Federal Regulations, permitted to continue waste disposal op­ Part 20, is published as a document sub­ Dated November 30, 1971, to become erations at sea. Early in 1960 the AEC ject to codification, to be effective 30 days effective upon publication in the F ederal also authorized licensees to use, on an after publication in the F ederal R egister. R eg ister (12-4-71). interim basis, AEC land burial sites in 1. Section 20.302 of 10 CFR Part 20 is P a u l A . N ic h o l s o n , Idaho Falls, Idaho, and Oak Ridge, Tenn. amended by designating all but the final Acting Director, Fruit and Vege­ In September 1962 the first commercial sentence as paragraph (a) ; the final sen­ table Division, Consumer and land burial facility, located in Nevada, tence as paragraph (b ); mid adding a Marketing Service. was licensed and became available for use new paragraph (c) to read as follows: by private organizations. Shortly there­ [F R Doc.71-17734 Filed 12-3-71;8:45 am ] after, the AEC withdrew the use of the § 20.302 Method for obtaining approval interim land burial sites by licensees. of proposed disposal procedures. Since that time, licensed commercial land ***** Title 10— ATOMIC ENERGY burial facilities have been established in (c) The Commission will not approve the States of Kentucky, New York, Wash­ any application for a license for disposal ington, Illinois, and South Carolina. Chapter 1—Atomic Energy of licensed material at sea unless the Commission There has been very little interest in applicant shows that sea disposal offers sea disposal in the last few years due less harm to man or the environment PART 20— STANDARDS FOR PRO­ primarily to the availability of land than other practical alternative methods TECTION AGAINST RADIATION burial sites. At the time the moratorium of disposal. became effective, there were seven com­ Disposal of Radioactive Wastes at Sea mercial firms licensed by the AEC to (Sec. 161, 68 Stat. 948; 42 TJ.S.C. 2201) Notice is hereby given of the amend­ collect radioactive waste from other per­ Dated at Germantown, Md., this 19th ment of the Atomic Energy Commission’s sons and to dispose of the waste at sea. day of November 1971. regulation “Standards for Protection In addition, there were eight organiza­ Against Radiation,” 10 CFR Part 20. tions licensed by the AEC to dispose of For the Atomic Energy Commission. waste generated in their own labora­ In his April 15, 1970, message to the W. B . M cC o o l , Congress, the President directed the tories. At present, there is one commer­ Secretary of the Commission. Chairman of the Council on Environ­ cial organization authorized to dispose of mental Quality (CEQ) to conduct a study radioactive waste at sea. This licensee is [F R Doc.71-17717 Filed 12-3-71;8:50 am]

FEDERAL REGISTER, V O L 36, NO. 234— SATURDAY, DECEMBER 4, 1971 RULES AND REGULATIONS 23139

Accordingly, under the administrative tice of such determination and official Title 9— ANIMALS AND procedure provisions in 5 U.S.C. 553, it designation to the stockyard owner by is found upon good cause that notice and certified mail or in person, and (b) giv­ other public procedure with respect to ing notice thereof to the public by post­ ANIMAL PRODUCTS the amendment are impracticable, un­ ing copies of such notice in at least three Chapter I— Animal and Plant Health necessary, and contrary to the public conspicuous places at such stockyard and Service,1 Department of Agriculture interest, and good cause is found for by publication of the determination and making the amendment effective less official designation in the F ederal R e g is ­ SUBCHAPTER C— INTERSTATE TRANSPORTATION than 30 days after publication in the ter . A stockyard so posted shall remain OF ANIMALS AND POULTRY F ederal R e g ist e r . subject to the provisions of the Act and [Docket No. 71-602] these regulations until the stockyard Done at Washington, D.C., this 1st day has been deposted, regardless of any PART of December 1971. 76— HOG CHOLERA AND change in the ownership or control of OTHER COMMUNICABLE SWINE F. J. M u l h e r n , such stockyard or in the name of the DISEASES Acting Administrator, stockyard or any market agencies oper­ / Areas Quarantined Animal and Plant Health Service. ating at such stockyard. [FR Doc.71-17735 Filed 12-3-71;8:45 am] § 201.10 Requirements and procedures. Pursuant to provisions of the Act of May 29, 1884, as amended, the Act of (a) Every person operating or desiring February 2, 1903, as amended, the Act Chapter II—-Packers and Stockyards to operate as a market agency or dealer of March 3, 1905, as amended, the Act of Administration, Department of as defined in section 301 of the Act shall apply for registration under the Act by September 6,1961, and the Act of July 2, Agriculture 1962 (21 U.S.C. 111-113, 114g, 115, 117, filing, on forms which will be supplied by 120, 121, 123-126, 134b, 134f) Part 76, PART 201— REGULATIONS UNDER the Administrator or any Area Super­ Title 9, Code of Federal Regulations, re­ THE PACKERS AND STOCKYARDS ACT visor on request, a properly executed stricting the interstate movement of application containing all the informa­ swine and certain products because of Registration, Bonding, and Posting tion, required by such forms, and shall, concurrently with the filing of such ap­ hog cholera and other communicable On July 29, 1971, notice of proposed swine diseases, is hereby amended in the plication, file the bond as required in rule making was published in the F ederal following respects: * §§ 201.27 through 201.34, and a financial R eg ister (36 F.R. 14012) concerning statement listing all of the applicant’s In § 76.2, the reference to the State of amendments to §§ 201.5, 201.10(a), 201.10 New York in paragraph (f) is deleted, current assets and his current liabilities. (b), 201.13, 201.27, 201.29(b), 201.30(a), The terms “ current assets” and “ current and paragraph (g) is amended by adding 201.33, and 201.34 (9 CFR 201.5, 201.10 thereto the name of the State of New liabilities” are defined in section 203.10 York. (a), 201.10(b), 201.13, 201.27, 201.29(b), of the Statements of General Policy 201.30(a), 201.33, and 201.34) of the reg­ (Secs. 4-7, 23 Stat. 32, as amended, secs. 1 under the Packers and Stockyards Act ulations under the Packers and Stock- (9 CFR 203.10). and 2, 32 Stat. 791-792, as amended, secs. 1— yards Act, 1921, as amended and supple­ 4, 33 Stat. 1264, 1265, as amended, sec. 1, mented (7 U.S.C. 181 et seq.). Interested (b) Each application for registration 75 Stat. 481, secs. 3 and 11, 76 Stat. 130, shall be filed with the Area Supervisor, 132; 21 U.S.C. I l l , 112, 113, 114g, 115, 117, persons were given an opportunity to submit written data, views, and argu­ for the área in which the applicant pro­ 120, 121, 123-126, 134b, 134f; 29 F.R. 16210, poses to operate, who shall mail it to the as amended) ments with respect to the proposed amendments. Administrator at Washington, D.C. If Effective date. The foregoing amend­ the financial statement required by these ment shall become effective upon After consideration of the data, views, and arguments submitted with respect regulations shows that the applicant’s issuance. current liabilities exceed his current to §§ 201.27, 201.29(b), 201.30(a), 201.33, The amendment deletes New York and 201.34 of the proposed regulations, assets or if the Administrator has reason from the list of hog cholera eradication to believe that the applicant is unfit to States in § 76.2(f), and the special pro­ all involving bonding requirements, it has been determined that these sections engage in the activity for which appli­ visions pertaining to the interstate move­ cation has been made by reason of the ment of swine and swine products from of the proposed regulations will not be adopted until further consideration is fact that the applicant has within 2 years or to such eradication States are no prior to filing the application engaged longer applicable to New York. Further, given to additional modifications or re­ visions suggested by the comments re­ in activities constituting dishonest or the amendment adds New York to the list fraudulent practices of the character of hog cholera free States in § 76.2(g) , ceived, relating to the time limit within which a bond claim may be filed. prohibited by the Act which previously and the special provisions pertaining to have not been the subject of a formal the interstate movement of swine and After consideration of all other rele­ vant matter submitted by interested per­ administrative proceeding under the Act swine products from or to such free resulting in the imposition of a sanction States are applicable to New York. sons with respect to the proposed amend­ ments to §§ 201.5, 201.10(a), 201.10(b), against the applicant, an administrative Insofar as the amendment imposes cer­ and 201.13, it has been determined that proceeding shall be promptly instituted tain further restrictions necessary to pre­ these sections of the proposed regula­ in Which the applicant will be afforded vent the interstate spread of hog cholera, opportunity for full hearing in accord­ tions, as published in the F ederal R e g is ­ it must be made effective immediately ance with the rules of practice under the ter (36 F.R. 14012), should be adopted to accomplish its purpose in the public as proposed. Therefore, §•§ 201.5, 201.10 Act, for the purpose of showing cause interest. Insofar as it relieves restric­ (a), 201.10(b), and 201.13, Part 201, why the application for registration tions, it should be made effective Chapter n, Title 9 of the Code of Federal should not be denied. In the event it is promptly in order to be of maximum Regulations are hereby amended to read determined that the application should benefit to affected persons. It does not as follows: be denied, the applicant shall not be pre­ appear that public participation in this cluded as soon as conditions warrant rule making proceeding would make ad­ § 201.5 Investigation; notice and post­ from again applying for registration. ditional relevant information available ing o f stockyards. to this Department. § 201.13 Registrants to report changes After it has been determined as pro­ in name, address, control or owner­ vided in section 302(b) of the Act, that ship ; cancellation o f registration. a stockyard comes within the definition l The functions prescribed in Part 76 of (a) Whenever any change is made in Chapter I, 9 CFR, have been transferred from of that term as contained in section the Agricultural Research Service, U.S. De­ 302(a), the stockyard shall be given a the name or address or in the manage­ partment of Agriculture, to the Animal and number as its official designation under ment or nature or in the substantial con­ Plant Health Service of the Department (36 the Act and posting of the stockyard trol or ownership of the business of a F.R. 20707). shall be accomplished by (a) giving no- registrant, such registrant shall report

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23140 RULES AND REGULATIONS such change in writing to the Adminis­ Done at Washington, D.C., this 26th for fraying of the cables, in the area trator, Washington, D.C., within 10 days day of November 1971. which is in contact with the pulleys lo­ after making such change. cated on the wing rear spar at root ribs O d in L a n g e n , on NA-265, NA-265—20, NA-265-30, NA- (b) Registrations shall be canceled Administrator, Packers and when (1) the registrant gives notice to Stockyards Administration. 265-40, NA-265-60, and NA-265-70 the Administrator that he is no longer Airplanes. doing* business as registered, or (2) the [FR Doc.71-17828 Filed 12-3-71;8:51 am] Since a situation exists that requires Administrator has reason to believe that immediate adoption of this regulation, it the registrant has not operated in any is found that notice and public procedure capacity for which registration is re­ hereon are impracticable and good came quired for a period of 1 year: Provided, Title 12— BANKS AND BANKING exists for making this amendment effec­ however, That no registration shall be Chapter VII— National Credit Union tive on the date of publication in the canceled if an administrative proceeding Administration F ederal R eg iste r . is pending against the registrant or if In consideration of the foregoing, and the Administrator is considering the PART 701— ORGANIZATION AND pursuant to the authority delegated to institution of an administrative proceed­ OPERATION OF FEDERAL CREDIT me by the Administrator (31 F.R. 13697), ing against the registrant. In the event UNIONS section 39.13 of Part 39 of the Federal a registration is canceled under the Aviation Regulations is amended by add­ above provisions of this subsection, the Minimum Bond Coverage Schedule; ing the following new airworthiness registrant will be served notice of such Technical Revision of Forms directive: cancellation by certified mail and such Pursuant to the authority conferred by N orth A merican R ockwell. Applies to cancellation will become effective 15 days Models NA-265, NA-265-20, NA-265-30, after service of such notice unless the section 120, 73 Stat. 635, 12 U.S.G. 1766, § 701.20(c) is hereby amended as set NA-265—40, NA-265-60, NA-265-70. registrant files with the Administrator Compliance required as indicated. a request that such registration be con­ fortii below. This change reflects the ad­ dition of a new bond form and is purely To prevent failure of the aileron control tinued in which event the notice of can­ cables, accomplish the following: cellation will be automatically revoked technical in nature. Within the next 100 hours time in service upon receipt of such request by the § 701.20 [Am ended] after the effective date of this AD, unless Administrator. Registrations shall also already accomplished within the last 500 1. In § 701.20(c), after the number be canceled if the Administrator receives hours time in service, and thereafter at in­ “ 577’', delete “and 578” and insert “ 578, tervals not to exceed 600 hours time in serv­ notice or information establishing that ice or 12 months, whichever occurs first, in­ the registrant has deceased. and 579” . H e r m a n N ic k e r s o n , Jr. spect the aileron control cables and replace The purpose of these amendments is Administrator, as necessary; provided however that, if as a to simplify the procedure for the posting result of any inspection, more than three N o v em ber 29, 1971. of stockyards, to post stockyards by fa ­ wires are found to be broken, the repetitive cility number rather than by name, make [FR Doc.71-17723 Filed 12-3-71;8:46 am] Inspection interval w ill be decreased, or re­ placement required, as follows: unnecessary the issuance of notices to the (a ) ' W ith four to six wires broken, repeat general public when changes are made the inspection at intervals not to exceed 100 in the names of stockyards, require all hours time in service. applicants for registration under the Act Title 14— AERONAUTICS AND (b ) W ith more than six wires broken, or if and regulations to make a showing of an equivalent reduction to the cable cross solvency prior to being granted authority SPACE section area is present due to wear, replace to engage in business as market agencies Chapter I— Federal Aviation Adminis­ the cable with a new or serviceable cable and dealers in commerce, permit the Ad­ before further flight. tration, Department of Transportation Inspect the aileron control cables (P/N’s ministration to cancel registrations of 246-52324, 246-52325, 246-52339, 276-523005- market agencies and dealers when (1) a [Airworthiness Docket No. 71-WE-24-AD; Arndt. 39-1352] 11, 276-523006-11, 276-523008-11, as appli­ registrant is deceased, (2) a registrant cable) in accordance with the foUowing notifies the administration that he is no PART 39— AIRWORTHINESS instructions: longer engaged in business as registered, DIRECTIVES 1. Remove aileron control cables from the and (3) a registrant has been inactive for aircraft and inspect per step 9 or follow steps a period of 1 year. Persons resuming their North American Rockwell Models 2 through 16. operations as a market agency or dealer 2. Lower wing flaps. NA-265, NA—265—20, NA-265-30, 3. Open main wheel well doors or remove without reapplying for registration and NA—265—40, NA—265—60, and NA- both wheel well cover assemblies as filing a bond or bond equivalent would 265-70 applicable. be in violation of section 303 of the Act. N ote : Use normal safety precautions such The amendments to §§ 201.5 and 201.13 There has been frayihg of the aileron as disconnecting the batteries to prevent in­ shall become effective on January 1,1972, control cables that resulted in degrada­ advertent wing flap or landing gear wheel as these amendments are basically tion of the strength of the control cables well door actuation. 4. In the left hand wheel well, disconnect changes in Administration recordkeeping below an acceptable level. This has oc­ the lower left hand aileron cable tümbuckle. procedures and do not place any undue curred at the same time on both the left 5. In the right hand wheel weU, disconnect burden on persons subject to the Act and and right aileron control cables. To cor­ the upper left hand cable from the left hand regulations to immediately comply. How­ rect this condition, an airworthiness aileron sector (P/N 246-52314). ever, since the changes made in §§ 201.10 directive is being issued to require inspec­ 6. Disconnect the left hand outboard aileron sector (P/N 246-52305-1), accessible (a) and 201.10(b) will require the filing tion and replacement, if necessary, of the aileron control cables. through the left hand flap well, by removing of financial statements by new applicants the sector pivot bolt. Since this condition is likely to exist or for registration and will require the es­ 7. With the aileron sector pivot bolt re­ develop in other airplanes of the same moved disconnect the upper and lower left tablishment of new procedures, such sec­ type design, an airworthiness directive is hand aileron cables from the sector. tions will not become effective until being issued to require inspection of the 8. Cable slack will now be available to al­ May 1,1972. aileron control cables, P/N’s 246-52324 low pulling the upper left hand cable down (LH upper), 246-52325 (LH and RH into the landing gear strut well for inspection N ote: The reporting and recordkeeping per step 9. requirements of the revised regulations have lower), 246-52339 (RH upper), 276- 9. Clean the cable for a visual inspection. been approved by the Office of Management 523005- 11 (stainless, LH upper), 276- The cables must be bent in a “U” and in­ and Budget in accordance with the Federal 523006- 11 (stainless, LH and RH lower), spected with a four power, or greater, magni­ Reports Act of 1942. and 276-523008-11 (stainless* RH upper) fying glass in the area of pulley contact.

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 RULES AND REGULATIONS , 23141

10. The lower left hand aileron control able In advance and may be paid by NOTE: Incorporation by reference cable must be pulled inboard into the wheel check, draft or postal money order pay­ provisions in §§ 97.10 and 97.20 approved well for inspection of the cable that passes able to the Treasurer of the United by the Director of the Federal Register over the pulley. Inspect per Step 9. on May 12, 1969 (35 F.R. 5610). 11. If the inspection of the left hand aileron States. A weekly transmittal of all SIAP control cables shows that they do not re­ changes and additions may be obtained [FR Doc.71-17650 Filed 12-3-71;8:45 am] quire replacing, reconnect and rig the left by subscription at an annual rate of $125 hand aileron control cables (see note, below). per annum from the Superintendent of 12. Disconnect the lower right hand aileron Documents, U.S. Government Printing Chapter II— Civil Aeronautics Board cable turnbuckle located in the right hand Office, Washington, D.C. 20402. wheel well. Since a situation exists that requires SUBCHAPTER A— ECONOMIC REGULATIONS 13. Disconnect the upper cable at the immediate adoption of this amendment, [Reg. ER-713; Amdt. 2] aileron sector (P/N 246-52364) located in the I find that further notice and public pro­ right hand wheel well. cedure hereon is impracticable~and good PART 212— CHARTER TRIPS BY 14. Pull the upper aileron cable down into FOREIGN AIR CARRIERS the right hand main landing gear strut well cause exists for making it effective in and inspect per step 9. less than 30 days. Procedures for Authorizations of Wet 15. Pull the lower aileron control cable into In consideration of the foregoing, Part the right hand wheel well and inspect per 97 of the Federal Aviation Regulations Lease Charters step 9. is amended as follows, effective on the Adopted by the Civil Aeronautics 16. If the inspection of the two right hand dates specified: Board at its office in Washington, D.C., cables reveals that they do not require re­ placing, reconnect and rig the aileron con­ 1. Section 97.11 is amended by estab­ on the 14th day of October 1971. trol system (see note, below). lishing, revising, or canceling the follow­ In EDR-1661 the Board issued a notice Note: Instructions pertaining to the instal­ ing L/MF-ADF(NDB) -VOR SIAP’s, ef­ of proposed rule making to enact a new lation of new or serviceable cables and the fective December 30, 1971. Part 218 of the economic regulations rigging of the aileron control system are con­ Kodiak, Alaska—Kodiak Municipal Airport; which would prohibit a foreign air car­ tained in the applicable maintenance docu­ VOR-1, Original; Canceled. ments. rier from furnishing an aircraft with 2. Section 97.21 is amended by estab­ crew (“ wet lease”) for the performance This amendment becomes effective lishing, revising, or canceling the follow­ December 4,1971. of air transportation operations of an­ ing L/MF SIAP’s, effective December 30, other foreign air carrier, unless the (Secs. 313(a), 601, 603, Federal Aviation Act 1971. of 1958; 49 U.S.C. 1354(a), 1421, 1423; sec. Board has issued the “ lessor” a section 6(c), Department of Transportation Act; Kodiak, Alaska— Kodiak Airport; LFR Run­ 402 foreign air carrier permit authoriz­ 49 U.S.C.' 1655(c) ) way 25, Original; Established. Yakataga, Alaska-—Yakataga Airport; L F R - ing such operations, or, upon application Issued in Los Angeles, Calif., on No­ A, Arndt. 13; Revised. by the parties to the transaction, the vember 23, 1971. 3. Section 97.23 is amended by estab­ Board has issued an order disclaiming R obert C. B l an c h a r d , lishing, revising, or canceling the fol­ jurisdiction. A disclaimer would be war­ Acting Director, lowing VORr-VOR/DME SIAP’s, effec­ ranted only where the applicants over­ FAA Western Region. tive December 30, 1971. came the presumption that the wet lease [FR Doc.71-17712 Filed 12-3-71;8:45 am] Batavia, N.Y.—Genesee County Airport; arrangement constituted a charter ar­ VOR—1, Arndt.;'1; Canceled. rangement under which the lessor was Batavia, N.Y.—Genesee County Airport; [Docket No. 11572; Arndt. 785] VOR Runway 28, Original; Established. engaged in foreign air transportation. Bennington, Vt.— Bennington State Airport; After comments were received on EDR- PART 97— STANDARD INSTRUMENT VO R-A, Arndt. 2; Revised. 166, the Board issued EDR-1932 propos­ APPROACH PROCEDURES Dallas, Tex.— Addison Airport; VOR Runway ing by amendment of Parts 212 and 2143 33, Arndt. 11; Revised. Miscellaneous Amendments Eureka, Calif.— Murray Field; VOR-A, Orig­ to enable foreign air carriers to conduct inal; Established. “ wet lease” charters for other direct air This amendment to Part 97 of the Kodiak, Alaska—Kodiak Airport; VORTAC carriers without the necessity of obtain­ Federal Aviation Regulations incorpo­ Runway 25, Original; Established. rates by reference therein changes and ing a section 402 foreign air carrier per­ additions to the Standard Instrument 4. Section 97.27 is amended by estab­ mit for such authority. Certain details Approach Procedures (SIAP’s) that were lishing, revising or canceling the fol­ of the proposal will be discussed sub­ lowing NDB/ADF SIAP’s, effective De­ recently adopted by the Administrator to sequently, but it will be noted briefly cember 30, 1971. promote safety at the airports concerned. here that it was proposed to amend Parts Heber Springs, Ark.— Heber Springs Munici­ The complete SIAP’s for the changes 212 and 214 so as to permit such charters and additions covered by this amend­ pal Airport; NDB Runway 5, Original; Es­ tablished. to be performed pursuant to a Statement ment are described in FAA Forms 3139, Montague, Calif.— Siskiyou County Airport; of Authorization, and the criteria which 8260-3, 8260-4, or 8260-5 and made a ND B-A , Amdt. 2; Revised. part of the public rule making dockets the Board would consider in passing on of the FAA in accordance with the pro­ 5. Section 97.29 is amended by estab­ an application for a statement were cedures set forth in Amendment No. 97- lishing, revising, or canceling the fol­ specified in part. In the case of emer­ 696 (35 F.R. 5609). lowing ILS SIAP’s, effective December 30, 1971. gency charters no prior approval would SIAP’s are available for examination be required. at the Rules Docket and at the National Colorado Springs, Colo.— Peterson Field; ILS Flight Data Center, Federal Aviation Runway 35, Amdt. 24; Revised. Pursuant to the notice of rule making Administration, 800 Independence Ave­ Salt Lake City, Utah— Salt Lake City Inter­ comments were received from a number nue SW., Washington, DC 20591. Copies national Airport; ILS Runway 34L, Amdt. 27; Revised. of SIAP’s adopted in a particular region 1 June 13, 1969, 34 F.R. 9621 (Docket are also available for examination at the (Secs. 307, 313, 601, 1110, Federal Aviation 21080). headquarters of that region. Individual Act of 1958; 49 U.S.C. 1438, 1354, 1421, 1510, 3 Nov. 9, 1970, 35 F.R. 17556 (Docket 22730). copies of SIAP’s may be purchased from sec. 6 (c ), Department of Transportation Act, 3 “Charter trips by foreign air carriers” and the FAA Public Document Inspection 49 U.S.C. 1655(c) and 5 U.S.C. 5 5 2 (a )(1 )) “Terms, conditions, and limitations of for­ Facility, HQ-405, 800 Independence Ave­ Issued in Washington, D.C., on Novem­ eign air carrier permits authorizing charter transportation only,” respectively. In addi­ nue SW., Washington, DC 20591, or from ber 24, 1971. tion, an implementing amendment was pro­ the applicable FAA regional office in ac­ R. S. Sliff, posed to Part 217— Reporting data pertain­ cordance with the fee schedule pre­ Acting Director, ing to civil aircraft oharters performed by scribed in 49 CFR 7.85. This fee is pay- Flight Standards Service. foreign air carriers.

FEDERAL REGISTER, V O L 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23142 RULES AND REGULATIONS of air carriers and foreign air carriers.4 section 402 permits do not authorize a authorized pursuant to section 401(e) (6) Two of the U.S. route carriers, Pan foreign air carrier to perform the opera­ in the case of citizen carriers and those American and Seaboard, oppose adoption tions of another carrier under a wet performed under comparable authority of of the proposed rule; a third, TWA, ex­ lease arrangement. Hence, it argues, Part 212 by the foreign air carriers. presses certain reservations regarding there is no permit authority upon which These same considerations are equally the proposal. The foreign route carriers the proposed Statement of Authorization applicable to and justify the amendments raise objections to various features of the procedure can be predicated. It adds that, to Part 214. Again, our action does not proposal, while the foreign charter car­ as a matter of law, the Board would have constitute an amendment of the basic riers support, on the whole, the proposal.6 to grant or amend section 402 permits permits which authorize the carriers to Upon consideration, the Board has de­ to authorize “wet lease” operations, after engage in charter services, but rather a termined to adopt the proposed amend­ hearing and Presidential approval, be­ permissible definition of the term char­ ments, as revised herein,8 and the tenta­ fore it could implement the proposed ter service under the reserved authority tive findings made in EDR-193 are rule, as was done in the Foreign Off- of the Board. MoreoverT it is mistakenly incorporated by reference, except as Route Charter Investigation.11 asserted that the Board has attempted modified.7 Since we are also adopting The Board is not persuaded either that to confer cargo charter authority upon with modifications the proposal in EDR- it lacks legal authority to adopt the reg­ the Part 214 carriers; the proposed and 166, the effect will be that a foreign air ulations here involved without evidenti­ actual revision in terms is restricted to carrier may not wet lease an aircraft to ary hearings, or that they require the “ commercial passenger traffic.” another for operations in foreign air approval of the President. In the Foreign Pan American also objects to EDR-193 transportation in the absence of a section Off-Route Charter Investigation, the on policy grounds.“ It takes note of the 402 permit authorizing such operations, Board recognized that the linear route finding in EDR-193 that the require­ a disclaimer of jurisdiction, or a state­ authorizations held by the foreign air ments of section 402 are burdensome for ment of authorization under Part 21? or carriers did not carry with them the in­ a potential foreign carrier wet lessor as 214, as revised herein. cidental right enjoyed by citizen carriers compared to the U.S. carrier wet lessor. It states that the practical effect of this Various legal and policy objections to to engage in charter trips and special services, and that a grant of additional is that when a foreign air carrier serving the proposed rule are advanced by Pan the United States under a section 402 American.* Citing ALM Dutch Antillean authority in this area was required to permit so-called “off-route” charter serv­ permit authorizing it and it alone to en­ Airlines* and Air Jamaica Ltd.10 Pan gage in such service finds that it is unable American contends that, unless such ices. The Board there emphasized its pur­ pose of achieving uniformity insofar as to do so, it turns generally to a UJS. car­ specific provisions are contained therein, practicable in the charter concepts and, rier to meet such short-term require­ tests applied to the operations of the ments via wet lease. It further states that various carriers subject to the Board’s considering that the United States is un­ ‘ Route air carriers: Pan American World der no obligation to permit any substitu­ Airways; Seaboard World Airlines; and Trans jurisdiction, and to strike a balance in World Airlines; supplemental air carriers: this respect between the charter opera­ tion of carriers at all, it sees nothing un­ member carriers of the National Air Carrier tions of the foreign and citizen carriers. reasonable in this result. Pan American Association and a separate comment by Trans To that end, the Board amended the adds that EDR-193 “fails to address the International Airlines; route foreign air car­ foreign air carrier permits then outstand­ question of why, when such short-term riers: British Overseas Airways Corp.; Com- requirements arise in foreign flag service pagnie Nationale Air Prance; Compañía Mex­ ing by authorizing the carriers to con­ duct charter trips subject to such other to and from the United States, some third icana de Aviación, S.A. (C M A ), Lineas Aereas country should get the business rather Constarricenses, S.A. (LACSA) and Venezo­ provisions of Part 212 and to terms, con­ lana Internacional de Aviación, S.A. (V IA S A ), ditions, and limitations as might from than a U.S. carrier.” Jointly; El Al Israel, Iberia, Linea Aerea Na­ time to time be prescribed by the Board. The Board, of course, did not propose cional de Chile, Viacao Aerea Rio-Grandense Moreover, Part 212 initially provided that the rule in order that “some third coun­ (VARIG) and Scandinavian Airlines Sys­ a foreign air carrier could engage in the try should get the business rather than a tem, jointly (referred to herein as El Al et charter transportation of personnel and U.S. carrier.” The rationale behind the al.); KLM Royal Dutch Airlines; Lufthansa proposal was that the Board has issued German Airlines, Sabena Belgian World Air­ cargo or of “ commercial traffic” in cases of emergency of a direct air carrier or permits to foreign air carriers on findings lines, and Swissair; foreign charter carriers: that the authorizations will be in the Caledonian Airways (Prestwick), Martin’s Air surface carrier. The President approved Charter, and Spantax; and by the European the issuance of the permits then involved, public interest; and that section 402 Civil Aviation Conference. together with the reservation of author­ procedures place foreign air carriers at 5 The NACA carriers take no position with ity to prescribe future terms, conditions, a disadvantage vis-a-vis U.S. carriers respect to the basic scheme of the proposed and limitations. Subsequently, the regu­ with respect to operating their services by regulations. lation was amended by rule making pro­ impeding their ability through wet lease « By ER-716, issued contemporaneously, we arrangements to efficiently utilize their are also adopting with modifications, ¿reflect­ ceedings in 1969 to permit foreign air carriers to perform such charters for equipment or their ability to utilize the ing our action herein, the proposal in equipment and crews of other foreign air EDR—166. other foreign air carriers. carriers in times of need. In our view, i El A1 et al. request additional time in In sum, what is here involved is merely the proposal commends itself as a matter which to prepare further arguments in op­ a further definition of the charters which position and in which to notify their respec­ of simple equity. Furthermore, the can be performed under the Board’s reg­ greater opportunities for flexibility and tive governments that the substantive issues ulations, with respect to a type of traffic raised in Docket 2108 (EDR-166) are also at efficiency which will be available to for­ encompassed within the general category issue herein so that those governments may, eign air carriers as a result of these if they desire, express their views thereon of “ charters” under their section 402 perr amendments should ultimately result in to the appropriate U.S. governmental au­ mits and under the original regulations. benefits to the traveling public. thorities. The request is dismissed as un­ In our view, it does not represent such a Pan American further argues that the timely since it comes after the time in which change in the scope of operating author­ comments were due. In any event, the car­ Statement of Authorization procedures of ity as to constitute a technical amend­ Part 212 are designed to handle a high riers have had ample time—from Nov. 9, ment to the section 402 permits. 1970, until Jan. 15, 1971— in which to prepare comments and advise their governments. In It has been urged that, the designa­ addition, the request of El Al et al. and tion as “off-route” of charter flights be­ 12 These objections are not shared by TWA, KLM to consolidate Dockets 21080 and this tween points specified in section 402 per­ which recognizes that the foreign carriers, docket is denied, although, as indicated, ac­ mits is incongruous. However, the situa­ like the U.S. carriers, have in certain in­ tion in both rule making proceedings is being tion here is no different than that which stances legitimate grounds for conducting taken contemporaneously. Since this rule is exists with respect to passenger charter wet lease operations which would be pre­ intended to liberalize the present regula­ cluded by their operating permits. TWA also flights between certificated points by the appreciates that a permit amendment for a tions, there is no reason for further delay in cargo air carriers. The term “off-route” implementing these provisions. wet lease under section 402 involves a time ‘ Seaboard’s position is substantially the properly can be applied to those flights consuming procedure which may at times same as that of Pan American. be unduly burdensome when a relatively 9 Order 69-2-5, Dec. 12, 1968. short-term arrangement is contemplated and 10 order E-23280, Jan. 19, 1966. «2 7 C.A.B. 196 (1958). it is otherwise in the public interest.

FEDERAL REGISTER, VOL. 36, NO. 234—rSATURDAY, DECEMBER 4, 1971 RULES AND REGULATIONS 23143 volume of routine off-route charter ap­ ment of the proposed flights. Sabena of an application for a Statement of Au­ plications filed on relatively short notice, finds the 45-day notice provision too thorization on the supplemental carriers and are not appropriate for the resolu­ long and suggests not more than 30 as well as the scheduled carriers which tion of - complex intercarrier arrange­ days.14 We are not disposed to shorten may be affected. Since the supplemental ments between foreign air carriers serv­ the notice provision. The procedure and carriers could have an interest where the ing the United States.18 The Board’s ex­ workload will be similar to those in ex­ application is to provide nonscheduled perience in dealing with wet leases where emption cases where a U.S. carrier is service, and there might be cases where the “wet lessor” is a U.S. carrier indicates the lessor. Experience has shown that the supplemental carriers could have an that the typical arrangement does not 1 month is ordinarily too short a time interest in an application to provide raise complex factual questions which in which to process such exemption ap­ scheduled service, we have determined can only be resolved through the hearing plications when a substantial quantum of to grant the request of the supplemental process. In any event, should factual service is involved. Where only one or carriers. questions directly and materially bearing a few flights are involved raising no sub­ Lufthansa and Swissair recommend on the public interest be presented which stantive questions under the prescribed that for wet leases to be completed in- cannot be resolved on the pleadings, the standards, later applications could be less than 45 days from the date of ap­ matter can of course, be set down for an accepted on a showing of good cause plication, no service of copies of the ap­ evidentiary hearing. Moreover, a protest­ under § 212.5(b). plication be made on any person, but re­ ing party is free to argue, in a particular The rules would also provide that a ceipt of the application by the Board’s case, that the application is of such scope copy of each application shall be served staff is sufficient. We shall not adopt the as to require amendment of the foreign upon the Federal Aviation Administra­ suggestion. A 30- or 40-day wet lease may air carrier permit in accordance with tion16 “ and each scheduled U.S. air car­ well affect the same interests as a lease section 402 procedures. rier which is authorized to serve the exceeding 45 days. Since emergency We now turn to comments directed at same general area in which the proposed leases are not involved, there appear to specific proposals. charter trips are to be performed.” Cer­ be no reasons for not obtaining the com­ The rules would provide that except tain foreign air carriers object to the ments of interested carriers regarding for emergency charters, a foreign air car­ service requirement on scheduled U.S. shorter term leases. Thus, we cannot ac­ rier shall not perform any off-route air carriers. For example, El A1 et al. sub­ cept the two carriers’ view that all wet charter trip unless specific authority in mit that there is no reason why (particu­ leases for less than 45 days could have the form of a Statement of Authoriza­ larly in view of the “very lengthy” ad­ “no conceivable impact on United States tion has been granted by the Board. Cal­ vance filing period of 45 days) carriers carriers.” edonian believes that a Statement of Au­ who wish to file in support of or in op­ Related to the above request is a rec­ thorization should not be required where position to an application would not have ommendation that the Board adopt a (a) the chartering direct air carrier is sufficient notice of its pendency from policy statement in Part 399 which a supplemental or foreign charter carrier reading the weekly list of applications. would recite that it is the policy of the and (b) both the chartering and operat­ This, according to the carriers, would Board to approve wet lease applications ing carriers, i.e., the wet lessor and the not only ease the administrative burden by holders of foreign air carrier permits wet lessee, possess authority under their and expense to the applicant but would under bilateral air transport agreements outstanding certificates or permits to per­ eliminate the problem of determining where the wet lease operation is to be form the charter transportation service each time what is meant by serving “the over the route or routes of the lessee in question. same general area.” carrier and (a) where the wet lease We shall not adopt Caledonian’s sug­ It is quite clear to us that the U.S. agreement and operations under it are gestion which, in essence, would permit scheduled carriers must be served not to be concluded in 45 days or less or (b) unlimited wet leasing between charter only to give them direct and early no­ where fhe operation is to extend beyond carriers serving the same areas. It is tice of the applications, but also to estab­ 45 days, unless the Board (i) finds as a true that the impact of such wet leases lish a definite time frame within which result of comments submitted to it that on U.S. scheduled services would be less to require filing of memoranda in sup­ operation under the wet lease cannot be direct than when the lessee is a scheduled port of or in opposition to grant of an carried out without the likelihood of vi­ airline using a wet lease for its scheduled application.18 Furthermore, the adminis­ olating one or more terms of a bilateral traffic. However, a wet lease between trative burden and expense with respect air transport agreement to which the charter carriers could have some impact, to serving applications on U.S. carriers United States is a party and (ii) has especially if a substantial number of would not be significant. Finally, we see incorporated such findings in a request flights were involved. Moreover, while no real problem for carriers in determin­ for consultation thereon with the the rule is intended to give foreign air ing the U.S. carriers which serve the foreign aeronautical administration carriers greater flexibility to wet lease, “same general area.” Section 203.7(c) concerned.18 we believe some control over wet leasing has for years had a similar requirement We shall not adopt the recommended between charter carriers is necessary to of service of Applications for Change in policy statement. Reduced to simpler prevent unlimited operation of their Approved Service Plan—Foreign Air terms, the Board could only review a wet services through another carrier’s equip­ Transportation, and we are aware of no lease application involving carriers of ment and crews. problems which have developed in this the described category if it were to ex­ The rules would provide that applica­ regard.17 ceed 45 days and the Board finds it would tions for a Statement of Authorization The NACA carriers and TLA urge that likely violate a bilateral. The declara­ be filed with the Board at least 45 days the rules be amended to require service tion of policy contained in section 102 of in advance of the date of the commence- the Act will not permit us to take so nar­ row a view of our duties in considering 14 El Al et al. also object to the 45-day 13 Pan American questions the reference in the public interest. notice and believe 15 days would be more the explanatory statement (p. 4) to foreign than adequate to enable persons opposing the Section 212.6(a) provides that if the carriers having “sought to enter into inter­ application to file memoranda in opposition Board finds that the proposed charter change” arrangements, particularly with re­ and to enable the Board -to act. trip or trips meet the the requirements spect to large capacity aircraft. It states that 18 El Al et al. and Sabena see no need to no foreign air carriers have ever sought Board of this part, that the foreign nation serve the PAA. The PAA has an interest, in which is the domicile of the applicant approval for an interchange to the United view of the regulatory requirements govern­ States, and none, to its knowledge, is con­ ing operating specifications and airworthi­ grants a similar privilege with respect to templated. The explanatory statement did ness and registration certificates. (14 CFR not say that foreign air carriers have ever 129.11 and 129.13.) 18 The policy statement would also provide sought an interchange to the United States. 18 The rules require such memoranda to What was stated was based on a representa­ that successive applications for wet leases of be filed within 7 days after service. less than 45 days which have the effect of tion contained by a foreign air carrier in com­ 17 If the carriers are unclear as to which producing a continuing operation beyond ments filed in Docket 21080 as to the general U.S. carriers are to be served, they may in­ uses of wet leases. such period will be treated as though they quire of the Bureau of Operating Bights. were for more than 45 days.

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23144 RULES AND REGULATIONS

U.S. air carriers, and that such charter foreign charter carriers could operate and a copy thereof shall be served upon trip or trips are otherwise in the public cargo charters where they had no prime the Federal Aviation Administration, interest, it will issue a Statement of underlying authority to do so. We do not marked for the attention of Director, Authorization. Section 212.6(b) (2) pro­ see how such a construction could be Flight Standards Service, and upon each vides that in passing upon the require­ read into the rules. The wet lease au^ certificated air carrier which is author­ ments of the public interest the Board thority was specifically confined to “ com­ ized to serve the same general area in will consider certain specified factors, mercial passenger traffic” (§§ 214.2(b) which the proposed charter trips are to among others.“ These specified factors (1) (i) and 214.2(b)(2 )(i)).20 No foreign be performed. Each applicant shall keep have been the subject of considerable charter carrier is being authorized to on file with the Director, Bureau of Op­ comment, with commenting parties criti­ operate a cargo charter by the amend­ erating Rights, a copy of its current cizing the propriety of the various stand- . ments to Part 214 where it lacks under­ standard form of charter agreement. ards enumerated. We have considered lying authority to do so in its permit. Each application shall contain an ab­ stract of the charter agreement setting these objections, but find that they do Finally, we point out that, subsequent forth the names and addresses of the not warrant any change in the standards to the issuance of the proposed rule, the Board extensively revised Parts 212 and operator, the charterer, and their agents, except as indicated further herein. In if any; a description of the proposed op­ our judgment the standards adopted are 214. Thus the final rule contains editorial changes to reflect these revisions. erations; type aircraft to be flown; and, reasonable and appropriate guidelines. In if reciprocity has not previously been In consideration of the foregoing, the this regard, we believe that the large established or if any changes have oc­ amount of attention focused upon these Board hereby amends Part 212 of its Eco­ nomic Regulations (14 CFR Part 212) curred since the previous Board finding standards results from misconceptions as thereon, documentation to establish the to. their significance. The standards effective January 19, 1972, as follows: extent to which the nation which is the which we enumerated in the proposed 1. Amend the Table of Contents by domicile of the applicant grants a simi­ rule were, like any other standards which adding a new § 212.14 as follows: lar privilege with respect to U.S. air car­ we might have suggested, intended Sec. riers. A true copy of the charter agree­ merely to serve as guides as to what ment actually consummated shall be factors, among others, the Board might 212.14 Reports of emergency commercial charters for other direct air car­ transmitted to the Director, Bureau of consider in determining the public in­ riers. Operating Rights, as soon as practicable, terest. Naturally, the weight to be as­ but in no event later than'fifteen (15) 2. Amend § 212.4 to read as follows: signed to each factor would depend upon days after consummation. all the circumstances of the particular § 212.4 Limitation on the operation of case at hand. Similarly, our enumeration (b) Applications shall be filed with the off-route charter trips. Board at least 5 days in advance of of these several factors should not be the date of the commencement of the taken to mean that we would not, in an A foreign air carrier shall not perform proposed flight, except that applications appropriate case, consider other factors any off-route charter trip unless specific authority in the form of a Statement of for authority to conduct planeload cargo as well. Thus, we are not deleting any of charters may be filed not less than 48 the standards contained in the proposed Authorization to conduct such charter hours in advance of the proposed flight: rule. trip has been granted by the Board; Provided, however, That no Statement Provided, however, That an application In connection with the factor of of Authorization shall be required for for the performance of a charter trans­ whether the foreign air carrier or its the performance of a charter trip as pro­ porting commercial traffic for another agent or the charterer or its agent has vided in § 212.8(a) (4-a) of this part in direct air carrier or direct foreign air previously violated any of the provisions cases of emergency; Provided, also, That carrier (as provided in § 212.8(a) (4-a)) of this part or of Part 218, we are not emergency charters for commercial traf­ shall be filed with the Board at least 45 accepting suggestions that the references fic shall be reported in accordance with days in advance of the date of the com­ to violations by agents be deleted. It is § 212.14. An emergency charter within mencement of the proposed flights. Upon argued that agents do not participate in the meaning of this section shall not in­ a showing that good cause exists for wet lease arrangements between airlines; clude such circumstances as cancellation failure to adhere to the above require­ but where no agent is involved, the refer­ of flights due to periodic overhaul of air­ ments and that waiver of these require­ ences to agents will of course be of no craft or delay in the delivery of newly ments is in the public interest, applica­ practical effect and should pose no diffi­ acquired aircraft, and a foreign air car­ tions later submitted may be considered culty. It is also argued that a carrier may rier may not provide emergency charter by the Board. suffer as a result of violations committed trips on any day in each of three or more (c) Any party in interest may file a by agents in dealing with different car­ successive calendar weeks for any single memorandum in support of or in opposi­ riers. However, the Board, in determining direct air carrier without a Statement of tion to the grant of an application within the weight to be assigned to the violation, Authorization. 7 days after service of the applica­ would of course consider, the extent to tion. Such a memorandum shall set forth 3. Amend § 212.5 (a), (b), and (c) to which the carrier itself was connected in detail the reasons why the party be­ read as follows: with the wrongdoing. lieves the application should be granted Three final matters remain to be noted. § 212.5 Statements o f Authorization; or denied and shall be accompanied by TW A has reservations regarding the pos­ application. such data, including affidavits, which it sibility that under the amended rules (a) Application for a Statement of Au­is desired that the Board shall officially thorization shall be submitted on CAB notice. Copies of the memorandum shall Form 433 to the Civil Aeronautics Board, be served upon the foreign air carrier » In substance, the specified factors are: addressed to the attention of the Direc­ to whose application such memorandum 1. Whether the foreign air carrier or its is directed. Nothing in this subparagraph agent or the charterer or its agent has pre­ tor, Bureau of Operating Rights. Upon a showing of good cause, such application shall be deemed to preclude the Board viously violated any of the provisions of this from granting or denying an application part or of Part 218. may be transmitted by cablegram or tele­ 2. Whether operations under the charter gram or may be made by telephone; when the circumstances so warrant with­ will have a significant adverse competitive Provided, however, That an application out awaiting the filing of memorandum impact on any U.S. air carrier. for the performance of a charter trans­ in support of or ii\ opposition to the 3. Whether the nature of the arrangement porting commercial traffic for another application. and the benefits to be realized are such that the authority sought should be the subject of direct air carrier or direct foreign air 4. Amend § 212.6(b) to read as follows: carrier (as provided in § 212.8(a) (4 -a )) a bilateral agreement with the applicant’s § 212.6 Issuance o f Statement of Au­ government. must be submitted chi CAB Form 433, thorization. 4. Whether grant of the application would result in violation of the capacity provisions (a) * * * of a bilateral air transport agreement between 24 Emphasis added. In ER-662, adopted Jan. 29 and effective Apr. 6, 1971, the con­ (b) In passing upon the requirements the United States and a foreign government. of the public interest the Board will con­ 5. Whether, and to what extent, the appli­ tent of these sections was transferred to cant owns and controls the charterer. §§ 214.7(a) and 214.7(b), respectively. sider the following factors, among others:

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 RULES AND REGULATIONS 23145

(1) Where the application concerns § 212.14 Reports of emergency charters 2. Amend § 214.7 (a) to read as follows: the performance of off-route charter for other direct carriers. trips (other than for another direct air § 214.7 Charter flight limitations. (а) It shall be an express condition ***** carrier or direct foreign air carrier as upon authority conferred in § 212.8(a) provided in § 212.8(a) (4 -a )) : (4-a) that each foreign air carrier which (a) The entire capacity * * * (1) Whether the foreign air carrier has performs an emergency charter trans­ (1) By a person for his own use (in­ previously conducted similar flights on a porting commercial passenger traffic for cluding a direct air carrier or direct regular and frequent basis in relation another direct carrier shall file a report foreign air carrier when such aircraft is to the regularity and frequency of its on- with the Bureau of Operating Rights, engaged solely for the transportation of route charter, scheduled, and nonsched- within 30 days following each charter company personnel and their personal uled operations. flight, containing the following informa­ baggage, or of commercial passenger (ii) Whether the off-route charter was tion: traffic); generated as a result of solicitation of (1) Name of direct carrier performing ***** individual members of the traveling the charter and the name of the direct public. 3. Add a new § 214.9a to read as carrier for which the charter was per­ follows: (iii) Whether the foreign air carrier formed; or its agent or the charterer or its agent (2) Date of flight or flights; § 214.9a Statement o f Authorization; has previously violated any of the pro­ (3) Points of origin and destination, application. visions of this part. and intermediate points, if any; (2) Where the application concerns (a) A foreign air carrier shall not per­ (4) Number of passengers trans­ form any charter for the transportation the performance of a charter trip or trips ported; for the transportation of commercial of commercial passenger traffic for an­ (5) Description of circumstances other direct air carrier or direct foreign traffic for another direct air carrier or creating the emergency; direct foreign air carrier (as provided in air carrier (as provided in § 214.7(a) (1 )) (б) Date of ijiitial contact by the unless specific authority in the form of § 212.8(a) (4 -a )): chartering carrier regarding the charter; (i) Whether the foreign air carrier or a Statement of Authorization to conduct (7) Reasons why the traffic in questionsuch charter flights has been granted by its agent or the charterer or its agent was not or could not be carried by other has previously violated any of the pro­ the Board; Provided, however, That no carriers certificated to serve the partic­ Statement of Authorization shall be re­ visions of this part or of Part 218 of this ular market. subchapter. quired for the performance of such char­ (ii) Whether operations under the - (Secs. 204(a) and 402 of the Federal Aviation ter flights in cases of emergency; Pro­ Act of 1958, as amended, 72 Stat. 743, 757; vided, also, That emergency charters charter will have a significant adverse 49 U.S.C. 1324, 1372) competitive impact on any U.S. air car­ shall be reported in accordance with rier. In making this determination, the By the Civil Aeronautics Board. § 214.5. An emergency charter within the meaning of this section shall not include Board will consider such factors as: the Effective: January 19,1972. relative size and financial strength of the such circumstances as cancellation pf flights due to periodic overhaul of air­ U.S. air carriers and the foreign air car­ [ s e a l ! H a r r y J. Z i n k , riers operating on the route; and Secretary. craft or delay in the delivery of newly acquired aircraft, and a foreign air car­ whether the proposed operation will Note: The reporting requirements herein rier may not provide emergency charter render uneconomic any U.S. carrier op­ have been approved by the Office of Manage­ trips on any day in each of three or more erations over the route. ment and Budget in accordance with the successive calendar weeks for any single (iii) Whether the nature of the ar­ -Federal Reports Act of 1942. direct carrier without a Statement of rangement and the benefits to be realized [FR Doc.71-17752 Filed 12-3-71;8:50 am] Authorization. are such that the authority sought should be the subject of a bilateral agreement (b) Application for a Statement of with the applicant’s government. [Reg. ER-714; Arndt. 3] Authorization shall be submitted on CAB Form 433 to the Civil Aeronautics Board, (iv) Whether the authority sought is PART 214— TERMS, CONDITIONS, addressed to the attention of the Direc­ covered by and consistent with pertinent AND LIMITATIONS OF FOREIGN tor, Bureau of Operating Rights. Upon bilateral air transport agreements to AIR CARRIER PERMITS ^AUTHORIZ­ a showing of good cause, such applica­ which the United States is party. tion may be transmitted by cablegram or (v) Whether, and to what extent, the ING CHARTER TRANSPORTATION ONLY telegram or may be made by tele­ applicant owns and controls the phone; Provided, however, That an charterer. Procedures for Authorizations of Wet application for the performance of a ***** Lease Charters charter transporting commercial pas­ 5. Amend § 212.8(a) to read as follows: senger traffic. for another direct air Adopted by the Civil Aeronautics carrier or direct foreign air carrier, § 212.8 Charter flight limitations. Board at its office in Washington, D.C., as provided in § 214.7(a) (1), must be * * * * * on the 14th day of October 1971. submitted on CAB Form 433 and a (a) Where the entire * * * By EDR-193,1 the Board proposed, copy thereof shall be served upon the ***** inter alia, certain amendments to Part Federal Aviation Administration, marked 214. For the reasons set forth in ER-713 for the attention of Director, Flight (4) By a direct air carrier, direct (Part 212), published simultaneously foreign air carrier, or surface carrier Standards Service, and each U.S. cer­ herewith, the Board hereby amends Part tificated air carrier which is author­ when such aircraft is engaged solely for 214 of the Economic Regulations (14 CFR the transportation of company personnel ized to serve the same general area in Part 214), effective January 19, 1972, as which the proposed charter trips are to and their personal baggage or company follows: Property; or be performed. Each applicant shall keep 1. Amend the Table of Contents byon file with the Director, Bureau of (4-a) By a direct air carrier or direct adding new §§ 214.9a and 214.9b. As Operating Rights, a copy of its current foreign air carrier when such aircraft is amended, the Table of Contents will read standard form of charter agreement. engaged solely for the transportation of in pertinent part: Each application shall contain an ab­ commercial traffic: Provided, however, • See. stract of the charter agreement setting That such flights may also carry the 214.9a Statements of Authorization; appli­ forth the names and addresses of the chartering carrier’s own personnel and cation. operator, the charterer, and their agents, Property; 214.9b Issuance of Statement of Authoriza­ if any; a description of the proposed tion. ***** operations; type aircraft to be flown; 6. Add a new § 212.14 to read as fol­ lows: . and, if reciprocity has not previously »Nov. 9,1970, 35 F R . 17556 (Docket 22730). been established or if any changes have

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 No. 234------3 23146 RULES AND REGULATIONS occurred since the previous Board find­ (b) In passing upon the requirementsters and the type shall be inserted oppo­ ing thereon, documentation to establish of the public interest, the Board will site the caption “Type of Charter.” the extent to which the nation which is consider the following factors, among .* ■ ' * • * * the domicile of the applicant grants a others: (6) Charter performed for another similar privilege with respect to U.S. air (i) Whether the foreign air carrier or direct foreign air carrier, as provided carriers. A true copy of the charter its agent or the charterer or its agent in §§ 212.8(a) (4-a) and 214.7(a)(1), agreement actually consummated shall has previously violated any of the provi­ whichever is applicable, except emer­ be transmitted to the Director, Bureau of sions of this part or of Part 218 o f this gency charters reported under § 212.14 Operating Rights, as soon as practicable, subchapter. or § 214.5. but in no event later than 15 days after (ii) Whether operations under the consummation. charter will have a significant adverse (Secs. 204 (a) and 402 of the Federal Aviation (c) Applications shall be filed with the competitive impact on any U.S. air car­ Act of 1958, as amended, 72 Stat. 743, 757; 49 Board at least 45 days in advance of the rier. In making this determination, the U.S.C. 1324, 1372) " date of the commencement of the pro­ Board will consider such factors as: the By the Civil Aeronautics Board. posed flights. Upon showing that good relative size of and financial strength cause exists for failure to adhere to the of the U.S. air carriers and the foreign [ s e a l ] H a r r y J. Z i n k , Secretary. above requirements and that waiver of air carriers operating on the route; and these requirements is in the public inter­ whether the proposed operation will N ote: The reporting requirements herein est, applications later submitted may be render uneconomic any U.S. carrier’s have been approved by the Office of Manage­ considered by the Board. operations over the route. ment and Budget in accordance with the Fed­ eral Reports Act of 1942. (d) Any party in interest may file a (iii) Whether the nature of the ar­ memorandum in support of or in oppo­ rangement and the benefits to be realized [FR Doc.71-17754 Filed 12-3-71;8:51 am] sition to the grant of an application are such that the authority sought should within 7 days after service of the appli­ be the subject of a bilateral agreement [Reg. ERr-716] cation. Such a memorandum shall set with the applicant’s government. forth in detail the reasons why the party (iv) Whether the authority sought is PART 218— LEASE OF AIRCRAFT believes the application should be covered by and consistent with pertinent WITH CREW BY FOREIGN AIR CAR­ granted or denied and shall be accom­ bilateral air transport agreements to RIER OR OTHER FOREIGN PERSON panied by sueh data, including affidavits, which the United «States is party. which it is desired that the Board shall (v) Whether, and to what extent, the Adopted by the Civil Aeronautics officially notice. Copies of the memoran­ applicant owns and controls the Board at its office in Washington, D.C., dum shall be served upon the foreign air charterer. on the 14th day of October 1971. carrier to whose application such memo­ (Secs. 204(a) and 402 of the Federal Aviation By notice of proposed rule making randum is directed. Nothing in this sub- Act of 1958, as amended, 72 Stat. 743, 757; EDR-166,1 the Board announced that it paragraph shall be deemed to preclude 49 U.S.C. 1324, 1372) had under consideration adoption of a the Board from granting or denying an new Part 218 applicable to foreign air By the Civil Aeronautics Board. application when the circumstances so carriers and other persons not citizens warrant without awaiting the filing of [ s e a l ] H a r r y J. Z i n k , of the United States who as lessors enter memoranda in support of or in opposi­ Secretary. into so-called “wet leases” providing for tion to the application. J a n u a r y 19,1972. the performance of foreign air trans­ portation services of another foreign air (e) Except to the extent that the Board [FR Doc.71-17753 Filed 12-3-71;8:50 am] shall direct that such information be carrier. Therein, the Board noted that withheld from public disclosure as here­ where an aircraft is leased with crew, inafter specified, every application and [Reg. ER-715; Arndt. 2] the operational control and ultimate its supporting documents filed pursuant safety responsibility for the flight will PART 217— REPORTING DATA PER­ normally remain in the hands of the les­ to this section shall be open to public TAINING TO CIVIL AIRCRAFT inspection, and notice thereof shalf be sor. Accordingly, the Board has generally published in the Board’s Weekly List of CHARTERS PERFORMED BY FOR­ considered that a lease with crew is not Applications Piled. Any person may make EIGN AIR CARRIERS a true lease of equipment but rather con­ stitutes a charter or series of charters written objection to the Board to the Reports of Wet Lease Charters public disclosure of such information or of the aircraft, and that to the extent any part thereof, stating the grounds Adopted by the Civil Aeronautics the “ wet lease” provides for the perform­ for such objection. I f the Board finds Board at its office in Washington, D.C., ance of services in foreign air transpor­ that disclosure of such information or on the 14th day of October 1971. tation, the lessor will be engaged in for­ part thereof would adversely affect the By EDR-193,1 the Board proposed cer­ eign air transportation. In such cases, interests of such person and is not re­ tain amendments to Parts 212 and 214, the Board has required that a foreign quired in the interest of the public, it and an implementing amendment to air carrier (or any other foreign person) will order that such information or part Part 217. Since the proposed amend­ which furnishes an aircraft with crew be so withheld. ments to Parts 212 and 214 are (with for the performance of air transporta­ certain modifications) being adopted tion services on behalf of another foreign 4. Add a new § 214.9b to read assimultaneously herewith,8 the amend­ air carrier, pursuant to a so-called “wet follows: ment to Part 217 is being adopted sub­ lease,” must obtain a foreign air carrier § 214.9b Issuance o f Statement o f Au­ stantially as proposed. permit pursuant to section 402 of the thorization. Accordingly, the Board hereby amends Act, specifically authorizing the lessor Part 217 of the Economic Regulations to engage- in such foreign air (a) I f the Board finds that the pro­ transportation. posed charter trip or trips meet the re­ (14 CFR Part 217), effective January 19, 1972, as follows: Although the Board took note of the quirements of this part, that the foreign fact that whether a particular arrange­ nation which is the domicile of the appli­ Amend § 217.6(b) by adding a new subparagraph (6), to read as follows: ment constitutes a charter or a true lease cant grants a similar privilege with re­ turns upon the facts, there is a strong spect to U.S. air carriers, and that such § 217.6 Reporting instructions. presumption that a lease of aircraft with charter trip or trips are otherwise in the (a) * * * crew constitutes a charter, The Board public interest, it will issue a Statement tentatively concluded that the public in­ of Authorization for the conduct of the (b) Separate reports shall be filed for each of the below-named types of char- terest requires that, to the extent there trip or trips set forth in the application. exists a question whether a particular Such Statement of Authorization may be withheld, conditioned, or limited by 1 Nov. 9, 1970, 35 F.R. 17556 (Docket No. the Board as the public interest may 22730). »June 13, 1969, 34 F.R. 9621 (Docket require. * ER-713 and ER-714, respectively. 21080). „

FEDERAL REGISTER, V O L 36, NO. 234— SATURDAY, DECEMBER 4, 1971 RULES AND REGULATIONS 23147

lease with a crew constitutes a charter pelled to go through the far more bur­ table presumption, and, while the various under which the lessor will be engaged in densome and time-consuming procedure instances may be indicative of usual ex­ foreign air transportation, the matter of seeking an amendment to its section perience, they are not always so, and should be passed upon by the Board prior 402 permit. In light of these comments, should be rebuttable. Some explanation to commencement of operations. Accord­ the Board issued an additional notice of on this point is warranted. If, under a ingly, the Board proposed to prohibit the proposed rule making.4 in which the wet lease arrangement, the status of the furnishing of an aircraft with crew for Board proposed to amend Parts 212 and pilot in command meets any of the pre­ the performance of air transportation 214 so as to authorize foreign air carrier scribed conditions, the prohibitions of operations of another foreign air carrier, wet lessors to conduct wet lease opera­ the section become operative. However, unless the Board has issued the “lessor” tions through application for and issu­ the parties to the lease in seeking a dis­ a section 402 permit authorizing such op­ ance of a Statement of Authorization, claimer under § 218.5 would be free to eration, or, upon application by the par­ obviating in such cases a section 402 pro­ show that, notwithstanding that the ties to the transaction, the Board has ceeding for permit amendment. By ER- status of the pilot in command met the issued an order disclaiming jurisdiction. 713 and ER-714, issued contemporane­ prescribed tests, the lessor was not in The Board explained that implementa­ ously, the Board is adopting the proposed fact in control of the operation. tion of the proposed rule would avoid con­ amendments, with minor modifications. Some foreign route carriers contend fusion as to the necessity for additional In implementation of this determination that it is difficult to see why the employ­ section 402 permit authority under so- the rules proposed in EDR-166 are being ment of the captain should be the de­ called “wet lease” transactions; would revised to permit operations of leased air­ terminative factor; that the aircraft and minimize the performance of unauthor­ craft with crew pursuant to an Operating crew are really both “ equipment,” and ized operations by “wet lease” lessors Authorization under Parts 212 and 214. ownership and control of the equipment and thereby simplify the Board’s en­ In view of this revision, certain com­ should be immaterial unless there is a forcement responsibilities; and should, ment directed to alleged discriminatory question as to safety, misleading of pas­ as a result, avoid intergovernmental treatment of foreign air carriers and the sengers, or unless a carrier is using so friction and misunderstandings that proposal to require permit amendment in much equipment not its own that its fit­ might otherwise arise from reliance upon all cases is no longer relevant. We shall ness and ability to mount its own service the Board’s enforcement procedures to pass therefore to discussion of comments within the requirements of the bilateral ensure compliance with the requirements concerning specific proposals. air transport agreements is called into of the Act. Section 218.2, governing applicability question. Pursuant to the notice, a number of of the part, provides, inter alia, that comments have been received.2 The for­ It seems dear to us that the relation­ the part does not apply to charter opera­ eign governmental authorities and the ship of the pilot in command of the air­ tions for the transportation of company craft to the lessor is a critical factor in foreign air carrierss filing comments op­ personnel or property, or, in cases of pose the rule proposed, while it has the determining whether an aircraft is fur­ 'emergency, of commercial traffic, pur­ support of the U.S. air carriers. nished “with crew.” * That control of the suant to the provisions of Part 212 or Upon consideration, the Board has de­ equipment is vital to determine the legal cided to adopt Part 218 as proposed, with 214. Lufthansa and Swissair state that nature of an arrangement such as a wet the provision in effect says that an off- modification. Except as indicated herein, lease has been long well-established in the tentative findings and conclusions route wet lease to another foreign car­ British and American law. In maritime set forth in EDR-166 are adopted and in­ rier is permissible in cases of emergency, law, what we have referred to as a “ true corporated by reference. but if the operation is on-route, the ex­ lease,” over which we have no jurisdic­ ception does not apply. Surely, they add, tion under section 402 of the Act, is EDR-166 provoked considerable objec­ if cases of emergency are to be exempted, equivalent to a “ demise” or “ bare boat” tion from the foreign air carriers upon the exemption should apply on-route the ground that it would put them at a charter; and the equivalent of a “ char­ as well as off. However, Part 212 has been ter,” over which we do have jurisdiction, severe disadvantage vis-a-vis the U.S. air reissued subsequent to the issuance of carriers with regard to wet leasing. That is a “contract of affreightment.” In EDR-166, and, as amended, that part now “Leary v. United States,” 14 Wall. 607, is, a U.S. carrier could obtain authority governs both off-route and on-route to wet lease by means of a section 416 610 (1871), it was said: charters.® Accordingly, the exclusion will exemption proceeding without hearing, If the charter-party let the entire vessel to apply to both on-route and off-route while a foreign carrier would be com- the charterer with a transfer to him of its charters in cases of emergency. command and possession and consequent control over its navigation, he will generally •From the Government of Colombia, the As revised, the rules provide that for­ be considered as owner for the voyage or Department of Transport and Power, Ireland, eign air carriers and other non-U.S. citi­ service stipulated. But, on the other hand, if the Board of Civil Aviation of Sweden (con­ zens may not “lease an aircraft with the charter party let only the use of the curred in by the Danish and Norwegian Civil crew” to a foreign air carrier unless the vessel, the owner at the same time retaining Aviation Authorities) ; Aerovías Nacionales Board has issued the lessor an appro­ its command and possession, and control de Colombia, S.A. (A V IA N C A ), Compañía priate permit or Operating Authoriza­ over its navigation, the charterer is regarded Mexicana de Aviación (CM A), Lineas Aereas tion or has issued an order disclaiming as a mere contractor for a designated service, Costarricenses, S.A. (LACSA) and Venezolana and the duties and responsibilities of the Internacional de Aviación, S.A. (VTASA) jurisdiction. Section 218.3 provides that, owner are not changed. In the first case the (jointly); Air Prance; All Nippon Airways; for purposes of this part, an aircraft is charter-party is a contract for the lease of Sabena Belgian World Airlines (SABENA); considered to be leased with crew, if the the vessel; in the other it is a contract for El Al Israel Airlines, Iberia, Lineas Aereas de pilot in command of the aircraft: (1) Is a special service to be rendered by the owner España, S.A., Linea Aerea Nacional-Chile, to be furnished by the lessor; (2) is em­ Of the vessel.7 Empresa de Viacao Aerea Rio-Grandense ployed by the lessor; (3) continues in (VARIG), and Scandinavian Airlines System the employ of the lessor in the operation Accordingly, “ the duties and respon­ (jointly); Ethiopian Airlines; Irish Inter­ of services other than those provided sibilities” of the owner or wet lessor are national Airlines; KLM Royal Dutch Airlines; unchanged in the latter type of arrange­ Lufthansa German Airlines; Swiss Air Trans­ for in the agreement between the parties; port (Swissair) ; TACA International Airlines; or (4) has been employed by the lessor ment; the owner is engaged in foreign Pan American World Airways; and World prior to the lease, and his employment Airways. by the lessee is coextensive with the •Under the Federal Aviation Regulations 3 Irish International Airlines is under the period or periods for which the aircraft the pilot in command of an aircraft is di­ misapprehension that under the proposed rectly responsible for, and is the final author­ is available to the lessee under the lease ity as to, the operation of that aircraft. In Part 218 it was intended that a wet lease agreement. between two foreign air carriers both of whom an emergency situation requiring imme­ hold permits authorizing them to provide air Lufthansa and Swissair state that the diate action he may even deviate from pre­ transportation between the points involved provisions appear to create an irrebut- scribed rules to the extent required to meet requires no further authorization from the the emergency. (14 CFR 91.3(a).) _ Board. As all other parties filing oomments 4 EDR-193, Nov. 9, 1970; 35 F.R. 17556. 7 See also United States v. Hvoslef, 237 U.S. recognize, the contrary is the case. •ER-686, May 8, 1971. 1, 16 (1914); Bramble v. Culmer, 78 Fed 497, 501 (4th Car., 1897).

FEDERAL REGISTER, V O L 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23148 RULES AND REGULATIONS air transportation as a carrier* to the mined to modify § 218.3 so as to provide provided the carrier is permitted to rebut same extent as he would be in the ab­ that an aircraft will be considered to be the presumption. However, they state sence of a wet lease arrangement; and leased with crew if, regardless of the that the burden must always rest upon the role of the wet lessee is that of a status of the pilot, a majority of the crew, the government to establish “ that a vio­ charterer. As the court stated in “ Over­ other than cabin attendants, meets the lation occurred and that the respondent seas National Airways v. Civil Aero­ same tests as are prescribed for the pilot. committed it.” They add that “ this is nautics Board” * concerning a wet lease Moreover, since operating specifications not satisfied by purportedly placing the from an air carrier to a foreign air car­ are normally issued by the Federal Avia­ burden on the respondent in a prepara­ tory case and then holding that com­ rier: “ * * * the foreign air carrier be­ tion Administration13 to the carrier whose crew is operating the aircraft, a mencement of operations without satis­ came the charterer rather than the provision is being incorporated into fying the preparatory burden is in itself ‘Watch Tower Bible and Tract Society' § 218.3 to the effect that an aircraft is a violation.” 16 or the ‘American Rocket Society.’ The considered to be leased with crew, for The argument of the two carriers lacks holding that a carrier is to be viewed purposes of the requirement that a dis­ merit. Assuming, arguendo, that the in the same light as any other charterer claimer of jurisdiction be obtained, if it Board has the burden of showing that a was correct.” is operated under operating specifications particular arrangement does not consti­ Moreover, the terms of greater signifi­ issued to the lessor. tute a true lease, the use of this pre­ cance in the determination as to A number of carriers also refer to the sumption toward that end is nevertheless whether a charter amounts to a demise provision that: “Until the Board has appropriate. Presumptions are rules of or a contract of affreightment are those acted upon the application no operátions law requiring the assumption of one fact which relate to the master and crew. in foreign air transportation shall be per­ upon proof of another in the absence of “ I f they are appointed and paid by the formed pursuant to the agreement.” satisfactory evidence. They place upon owner, and are subject to his orders, the They contend that the provision appears the adverse party the burden of offer­ charter will ordinarily be construed as to be without authority, since if there is ing further evidence, but do not affect an affreightment contract, on the theory no jurisdiction in, fact, there is no need the ultimate burden of proof.11 “Pre­ that through his master and crew the to file an application for disclaimer of sumptions of fact which the law recog­ owner retains possession and control of nonexistent jurisdiction. nizes must be immediate inferences from the ship, even though the directions on The flaw in this argument is, as will the facts proved and must be such as which the ship shall proceed are given be shown, that there is presumed juris­ sensible men influenced by observation, by the charterer.” 10 This principle has diction in the Board, and foreign permits experience, and reason, would draw from not been confined to maritime law. In by specific provision are subject to such clearly established facts.” 18 In the situa­ cases decided under the Motor Carrier reasonable terms, conditions, and limita­ tion at hand, the presumption is in ac­ Act in which the question of the status tions required by the public interest as cord with Board experience; moreover, created by a lease of equipment with may from time to time be prescribed by Lufthansa and Swissair concede that the driver by a carrier to a shipper is pre­ the Board. We consider it to be both rea­ presumption of operational control ap­ sented, the Interstate Commerce Com­ sonable and in the public interest for pears reasonable. mission has held that, in the absence foreign air carriers which wet lease to Furthermore, a disclaimer proceeding of a showing to the contrary, the pre­ other foreign carriers and which have no is not for the purpose of establishing sumption arises that the transportation authority to engage in presumptively il­ “ that a violation occurred and that the is performed by the carrier for compen­ legal operations to seek a disclaimer be­ respondent committed it.” The proceed­ sation, in other words is for-hire trans­ fore performing the charter and we are ing is to enable the parties to show that portation, and as such is subject to regu­ further of the opinion that the require­ the wet lease arrangement, despite the lation.11 In a different context the Com­ ment is fully within our rule making contrary presumption, is a true lease mission has indicated what we would powers.1* Moreover, under § 218.4 of the that will not involve the lessor in foreign call an unauthorized off-route charter to rule as revised herein, compliance with air transportation. be an unauthorized lease of operating this part shall be a condition upon the In light of the foregoing, the Board rights.13 authority of the lessee foreign air carrier However, it is not our intention to sug­ finds that Part 218 should be adopted as to perform the foreign air transportation proposed, except as modified herein. gest that determination of the question in question. Clearly, the Board has juris­ of whether an aircraft is leased with crew diction to condition the operating au­ Accordingly, the Civil Aeronautics requires the application of a rigid test re­ thority of the lessee foreign air carrier in Board hereby adopts Part 218 of its Eco­ volving solely around the status of the order to determine the status of pre­ nomic Regulations (14 CFR Part 218), pilot. For this reason, we have deter- sumptively illegal operations. effective January 19, 1972, as follows: Certain carriers take issue with the Sec. 218.1 Definitions. « Of. United States v. Hvoslef, supra. presumption set forth in § 218.7 which appears in the margin.15 Lufthansa and ,218.2 Applicability. 9 307 P. 2d 634, 636 (D.C. d r ., 1962). 218.3 Prohibition against unauthorized 10 See The Steel Inventor, 35 P. Supp. 986, Swissair state that the presumption of operations employing aircraft leased 994 (D.C. Md., 1940). ¡L operational control appears reasonable, with crew. n H. B. Church Truck Service Co. Com. Car. 218.4 Condition upon authority of lessee. Application, 27 M.C.Ç. 191 (1940); Okla­ 218.5 Application for disclaimer of juris­ homa Furniture Mfg. Co.— Investigation, “ See 14 CFR Part 129. “ See American Trucking Assn’s v. U.S., diction. Operations, 79 M.C.C. 403, 410 (1959), aff’d, 218.6 Issuance of order disclaiming juris­ United States v. Drum, 368 U.S. 370 (1962); 344 U.S. 298 (1953). 15 Section 218.7 Presumption. Whether u n­ diction. Silver Line, Inc., Investigation and Revoca­ 218.7 Presumption. tion, 96 M.C.C. 173, 176 (1964); Motor Haul­ der a particular lease agreement the lessor age Co., Inc., Contract Carrier Application, of the aircraft is engaged in foreign air trans­ portation is a question of fact to be deter­ 46 M.C.C. 107, 118 (1946), sust. Motor Haul­ 16 It is contended that the rule on presump­ age Co. v. United States, 70 P. Supp. 17 mined in the light of all the facts and cir­ tion is in derogation of the Administrative cumstances. However, in circumstances (E.D.N.Y. 1947); aff’d, 331 U.S. 784 (1946). Procedure Act, section 556(d) providing that, where the lessor furnishes both the aircraft 12 Campbell Sixty-Six Exp., Inc. v. Frisco except as otherwise provided by statute, ‘‘the Transp. Co., 81 M.C.C. 53 (1969) . The Frisco and the crew, there shall be established a proponent of a rule or order has the burden presumption that true operational control and M-A motor common carriers were au­ of proof.” Section 556 does not apply unless and safety responsibility are exercised by the thorized to operate between two points but rules are required by statute to be made on over different routes. Frisco purportedly lessor, and that the agreement constitutes a the record after opportunity for an agency charter arrangement under which the lessor leased a trailer, with tractor and driver, to hearing. Section 553(c). That is not the is engaged in foreign air transportation. The M-A, whose routé was 98 miles shorter than case here. Frisco’s and equipment was operated over burden shall rest upon the applicants for disclaimer of jurisdiction in each instance to 17 Sowizral v. Hughes, 333 F. 2d 829, 833 (3d M-A’s route. The ICC ruled that there was Cir., 1964). not a mere lease of equipment nor a valid demonstrate by an appropriate actual show­ 18 Socony-Vacuum Oil Co. v. Oil City Re­ interchange of equipment, but that M -A was ing that the operation contemplated will not improperly and without authority leasing its constitute foreign air transportation by the finers, 136 F. 2d 470, 474 (6th Cir., 1943), cert, operating rights to Frisco. lessor. den., 320 U.S. 798, 64 S. Ct. 368.

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 RULES AND REGULATIONS 23149

Au th o rity: The provisions of this Part (iv) Has been employed by the lessorcrew, there is a presumption that true 218 issued under sections 204(a) and 402 of prior to the lease, and the employment operational control and safety respon­ the Federal Aviation Act of 1958, as amended, of whom by the lessee is coextensive with sibility are exercised by the lessor, and 72 stat. 743, 757; 49 U.S.C. 1324, 1372. the period or periods for which the air­ that the agreement constitutes a charter § 218.1 Definitions. craft is available to the lessee under the arrangement under which the lessor is engaged in foreign air transportation. For the purpose of this part the term lease; or (2) The aircraft is operated under op­ The burden shall rest upon the appli­ “lease” shall mean an agreement under cants for disclaimer of jurisdiction in which an aircraft is furnished by one erations specifications issued to the lessor each instance to demonstrate by an ap­ party to the agreement to the other by the Federal Aviation Administration. propriate factual showing that the op­ party, irrespective of whether the agree­ § 218.4 Condition upon authority of eration contemplated will not constitute ment constitutes a true lease, charter lessee. foreign air transportation by the lessor. arrangement, or some other arrange­ In any case where a foreign air carrier ment. By the Civil Aeronautics Board. leases from another foreign air carrier § 218.2 Applicability. or other person not a citizen of the [ s e a l ] H a r r y J. Z i n k , This part applies to foreign air car­ United States an aircraft with crew for Secretary. riers and other persons not citizens of use in performing foreign air transpor­ [FR Doc.71-17755 Filed 12-3-71;8:51 am] the United States which, as lessors or tation, it shall be a condition upon the lessees, enter into agreements providing authority of the lessee to perform such for the lease of aircraft with crew to a foreign air transportation that compli­ foreign air carrier for use in foreign ance be achieved with the requirements Title 19— CUSTOMS DUTIES of this part. air transportation. For purposes of sec­ Chapter I— Bureau of Customs, tion 402 of the Act, the person who has § 218.5 Application for disclaimer of operational control and safety responsi­ jurisdiction. Department of the Treasury bility is deemed to be the carrier, and is The parties to a lease with crew as [TX>. 71-287] required to have appropriate operating authority. This part therefore provides, described in § 218.3(b) may apply to the pa r t 19— CUSTOMS WAREHOUSE Board for an order disclaiming jurisdic­ inter alia, that where aircraft leases in­ AND CONTROL OF MERCHANDISE volve the use of the lessor's crew, it is tion over the matter. The application THEREIN presumed that direction, control and shall be filed jointly by both parties to responsibility are in the lessor, and oper­ the lease, and shall generally conform to Reimbursable Compensation the procedural requirements of Part 302, ations under such leases may not be con­ On August 5,1971, there was published ducted in the absence of the issuance to Subpart A, of this chapter. It shall be served upon any air carrier providing in the F e d e r a l R e g i s t e r (36 F R . 14388) the lessor of a foreign air carrier permit a notice of proposed rule making to under section 402, a Statement of Au­ services over all or any part of the route upon which air transportation services amend § 19.5(b) of the Customs regula­ thorization under Part 212 or 214 of this tions (19 CFR 19.5(b)) to provide for chapter, or a disclaimer of jurisdiction. will be provided pursuant to the agree­ ment. The application should set forth obtaining reimbursement from bonded This part does not apply to charters con­ warehouse proprietors of the Govern­ ducted in accordance with Part 212 or in detail all evidence and other factors relied upon to demonstrate that true op­ ment’s contribution under the Federal Part 214 of this chapter, (a) for the Insurance Contributions Act and for transportation of company personnel or erational control and safety responsibil­ ity for the air transportation services to employee uniform allowance made for company property, (b) in cases of emer­ intermittent when actually employed gency, of commercial traffic, or (c) to be provided are in the hands of the lessee rather than the lessor. A copy of the employees'when services by such em­ authorized foreign air freight forwarders ployees are performed on a reimbursable or foreign tour operators. agreement and all amendments thereof, as well as a summary interpretation of basis. Interested persons were given 30 § 218.3 Prohibition against unauthor­ its pertinent provisions, shall be included days in which to submit in writing any ized operations employing aircraft with the applications. Any interested per­ data, views, or arguments pertaining to leased with crew. son may file an answer to the application the proposed amendment. (a) No foreign air carrier, or other within 7 days after service hereof. No objections have been filed to the person not a citizen of the United States, Until the Board has acted upon the ap­ proposed amendment. Since the Govern­ shall lease an aircraft with crew to a plication, no operations in foreign trans­ ment contributions under the Federal foreign air carrier for use by the latter portation shall be performed pursuant to Insurance Contributions Act and for em­ in performing foreign air transportation the agreement. ployee uniform allowances constitute in the absence of the issuance to the part of the compensation of such officers § 218.6 Issuance of order disclaiming reimbursable under section 555 of the lessor of a foreign air carrier permit jurisdiction. pursuant to section 402 of the Act, or a Tariff Act of 1930, as amended (19 U.S.C. Statement of Authorization pursuant to I f the Board finds that true opera­ 1555), by the warehouse proprietor, Part 212 or Part 214 of this chapter spe­ tional control and safety responsibility the proposed amendment, therefore, is cifically authorizing the holder to engage will be vested in the lessee and not in the hereby adopted. Section 19.5(b) is in the foreign air transportation which lessor (i.e., that the lease transaction is amended to include the following sen­ will be conducted pursuant to the lease, in substance a true lease of aircraft tence after the second full sentence of unless, upon application by both parties rather than a charter or series of char­ the paragraph. to the lease, the Board has issued an ters), and that the performance of the operations provided for in such lease will § 19.5 Customs warehouse officer; com­ order under § 218.6 disclaiming jurisdic­ pensation of. not result in the lessor’s being engaged tion over the matter. ***** (b) For purposes of this part, an air­ in foreign air transportation, it will is­ sue an order disclaiming jurisdiction over (b) * * * When services of a Customs craft shall be considered to be leased warehouse officer or a Customs employee with crew, if: the matter. Otherwise the application for disclaimer of jurisdiction will be denied. temporarily assigned to act as a Customs (1) The pilot in command or a major­ warehouse officer at a bonded warehouse ity of the crew of the aircraft, other than § 218.7 Presumption. cabin attendants: are performed by an intermittent when- Whether under a particular lease actually-employed employee, the charge (i) Is to be furnished by the lessor; agreement the lessor of the aircraft is en­ (ii) Is employed by the lessor; gaged in foreign air transportation is a for such services shall be computed at a (iii) Continues in the employ of the question of fact to be determined in the rate per hour equal to 107 percent of the lessor in the operation of services other light of all the facts and circumstances. hourly rate of the regular pay of such than those provided for in the agreement However, in circumstances where the employee to provide for reimbursement between the parties; or lessor furnishes both the aircraft and the of the Government contribution under

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23150 RULES AND REGULATIONS the Federal Insurance Contributions Act respect to which the refund was allowed The order, issued under sections 401 and and employee uniform allowance. * * * were paid by such transferee. I f a surety 701 of the Federal Food, Drug, and Cos­ ***** submits evidence of payment to Customs, metic Act, provided 30 days for filing ob­ (Secs, 555. 624, 46 Stat. 743, 759; 19 U.S.O. upon default of the principal, for an jections and 60 days delay in effective 1555, 1624) amount previously determined to be due date. Also published July 23, 1969 (35 on an entry or transaction the refund F.R. 12178), was a food additive order This amendment shall become effective shall be certified to that surety up to the acting on FAP 6J2039 by adding para­ on the first day of the pay period begin­ amount paid by it or shall be applied to graph (e) to § 121.1137 and by adding ning 30 days after publication of this other obligations of the surety. § 121.1229 to Part 121. This order, issued amendment in the F ederal R egister. ***** under section 409 of the act, provided 30 [ seal] M yles J. A mbrose, (R.S. 251, as amended, secs. 520, 624, 46 Stat. days for filing objections but was effective Commissioner of Customs. 739, as amended, 759; 19 U.S.C. 66, 1520, on its date of publication. 1624) 3. In the F ederal R eg ister of Decem­ Approved: November 16, 1971. ber 3, 1969 (34 F.R. 19140), notice was Effective date. This amendment shall Eugene T. R ossides, given that the Chocolate Manufacturers become effective 30 days after date of its Assistant Secretary Association of the United States of publication in the F ederal R egister. of the Treasury. America, Washington, D.C. 20006, had 1FR Doc.71—17740 Filed 12-3-71;8:50 am] [ seal] E d w in F. R ains, filed objections to the orders published Acting Commissioner of Customs. in this matter and had requested a public hearing. The Commissioner of Food and Approved: November 22, 1971. [T.D. 71-289] Drugs concluded that reasonable grounds Eugene T. R ossides, had been given for a hearing on the issue PART 24— CUSTOMS FINANCIAL Assistant Secretary of whether dioctyl sodium sulfosuccinate AND ACCOUNTING PROCEDURE of the Treasury. in cocoa would accomplish its intended [FR Doc.71-17741 Filed 12-3-71;8:50 am] effect; that is, to rapidly disperse cocoa Refunds of Excessive Duties, Taxes, in dry beverage bases when such bases etc. are being mixed with water or milk. (The Notice was published in the F ederal Commissioner rejected the Association’s R eg ister of July 15,1971 (36 F.R. 13148), other objections because they were not that it was proposed to amend § 24.36(b) Title 21— FOOD AND DRUGS supported by reasonable grounds.) Ac­ of the Customs regulations to permit Chapter I— Food and Drug Adminis­ cordingly the effective date of §§ 14.14, Customs to refund excessive duties and 121.1137(e), and 121.1229 was stayed tration, Department of Health, Ed­ pending resolution of said issue at a pub­ taxes resulting from the liquidation or ucation, and Welfare reliquidation of an entry to a surety lic hearing. where the surety paid the amount orig­ [Docket No. FDC-79] 4. In the F ederal R e g ister of March inally determined to be due, upon de­ 31, 1970 (35 F.R. 5347), a notice was fault of the principal, on the entry. PART 14— c a c a o pr o d u c ts published scheduling the hearing .to begin Interested persons were given 30 days to PART 121— FOOD ADDITIVES May 4, 1970, for the purpose of receiving submit relevant data, views, or argu­ evidence relevant and material to said ments in writing, regarding the pro­ Cocoa With Dioctyl Sodium Sulfosuc- issue, and also scheduling a prehearing posed rule making. cinate for Manufacturing; Findings conference for April 27, 1970, for stated No objection to the proposal has of Fact and Conclusions and Final purposes. been received. Therefore, § 24.36(b) is Order Regarding Identity Standard 5. The prehearing conference began amended as follows: and was completed April 27, 1970; the and Food Additive Regulations public hearing began May 4, 1970, and § 24.36 Refunds o f excessive duties, In the matter of establishing a stand­ was concluded May 5, i970. Four expert taxes, etc.6 witnesses were called by the petitioner ***** ard, of identity and food additive regula­ tions for cocoa with dioctyl sodium sul- (American Cyanamid Co.) and five were (b) Refunds of excessive duties orfosuccinate for manufacturing: called by the objector (Chocolate Manu­ taxes shall be certified for payment to facturers Association). H istory the importer of record unless a trans­ 6. On June 25, 1970, the Hearing Ex­ feree of the right to withdraw merchan­ 1. In the F ederal R egister of Decem­ aminer, Mr. William E. Brennan, sub­ dise from bonded warehouse is entitled ber 24,1968 (33 F.R. 19197), a notice was mitted his report in this matter to the to receive the refund under section published proposing establishment of a Commissioner of Food and Drugs. The 557(b), Tariff Act of 1930, as amended, standard of identity (§ 14.14) for cocoa report is part of the public record, Docket or an owner’s declaration has been filed with dioctyl sodium sulfosuccinate for No. FDC-79, on file with the Hearing in accordance with section 485(d), Tariff manufacturing. The proposal was based Clerk, Department of Health, Education, Act of 1930, or a surety submits evidence on a food standard petition submitted and Welfare, Room 6-88, 5600 Fishers of payment to Customs, upon default of by American Cyanamid Co., Fine Chemi­ Lane, Rockville, Md. 20852. the principal, of amounts previously de­ cals Department, Pearl River, N.Y. 7. The Commissioner of Food and termined to be due on the same entry or 10965. Also published December 24, 1968 Drugs published proposed findings of transaction. The certification of a re­ (33 F.R. 19203), was a notice of filing of fact and conclusions and a tentative or­ fund for payment to a nominal consignee a food additive petition (FAP 6J2039) by der in the F ederal R eg ister of Janu­ may be made prior to the expiration of the same firm proposing that food addi­ ary 30, 1971 (36 F.R. 1482). Interested the 90-day period within which an tive regulation § 121.1137 be amended to persons whose appearance was filed at owner’s declaration may be filed as pre­ provide for safe use of dioctyl sodium the hearing were allowed 30 days in scribed in section 485(d) of the tariff sulfosuccinate as a dispersing agent in which to file written exceptions. No ex­ act, provided the nominal consignee cocoa and proposing issuance of a new ceptions were received. waives in writing his right to file such food additive regulation to provide for declaration. I f an owner’s declaration Therefore, having considered the rec­ safe use of “ cocoa with dioctyl sodium ord of the public hearing, the Hearing has been duly filed, the refund shall be sulfosuccinate for manufacturing” in dry certified for payment to the actual owner Examiner’s report dated June 25, 1970, beverage bases. and Other relevant material, the Com­ who executed the declaration, except 2. The comments filed in response to that, irrespective of whether an owner’s missioner, pursuant to provisions of the the invitation in the notice were evalu­ Federal Food, Drug, and Cosmetic Act declaration has been filed, refunds shall ated, and in the F ederal R egister of (secs. 401, 409, 701, 52 Stat. 1046, 1055 be certified for payment to a transferee July 23, 1969 (34 F.R. 12177), a food as amended by 70 Stat. 919 and 72 Stat. provided for in section 557 (b ), Tariff Act standard order was published adding said 948, 72 Stat. 1785-88 as amended; 21 of 1930, as amended, if the moneys with standard of identity (§ 14.14) to Part 14. U.S.C. 341, 348, 371), under authority

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 RULES AND REGULATIONS 23151

delegated to Mm (21 CFR 2.120), and in treated with DSS available. Members of DSS in a solution of 50 percent DSS and accordance with 21 CFR 2.98, issues the the Chocolate Manufacturers Associa­ 50 percent food grade ethanol. DSS is following findings of fact, conclusions, tion have received many requests from the substance defined in the “National and final order: customers for DSS-treated cocoa. I f Formulary,” X U Edition, page 138, and F in d in g s o f F a c t 1 these customers find the DSS-treated the “Food Chemicals Codex,” page 238. cocoa to function acceptably it would (Tr. 156, 177, 202, 209; P. 1, 2, 6.) 1. As regards the questions at issue in enable them to better compete with 15. The American Cyanamid Co. the hearing, the dispersibility of cocoa those producers who are presently mar­ treated many samples sent to them by concerns the separation and distribution keting instantized cocoa beverage mixes. Chocolate Manufacturers Association of the very fine particles of cocoa in (Tr. 87-88, 111-^12, 114, 205, 208, 223-24, members and other cocoa manufacturers water or milk to yield suspensions. Cocoa 245, 262, 265-66, 341-43.) and also treated cocoa for user-manu­ does not dissolve in these liquids to form 6. Several instantizing methods and facturers with DSS. These included a true solution. Suspensions have a ten­ methods of adding lecithin by the manu­ cocoas that had different fat contents, dency to “settle out” on standing where­ facturer are considered to be proprietary. dutched and nondutched cocoas, and as solutions do not. Agents that promote A t least one method is patented. (Tr. cocoas in kibbled and powdered forms. the wetting of particles of cocoa im­ 215, 226.) The tests were run on batches of up to prove dispersibility. (T R 75-77.) 7. The wetting agent DSS has been 525 pounds. Testing by the American 2. Witnesses made reference to several approved for use as a food additive in Cyanamid Co., by chocolate manufac­ methods for improving the dispersibility several foods (21 CFJi 121.1137) includ­ turers, and by independent experts of cocoa and described in some detail two ing certain gums in wMch it is used to showed that in most cases the samples methods that are currently in use. One promote wetting. (Tr. 253.) treated by the American Cyanamid Co. of these methods involves treating the 8. Cocoa is treated with DSS by dis­ were more rapidly dispersible in water cocoa with lecithin. Cocoa so treated was solving the DSS in an appropriate sol­ and milk than the nontreated controls. referred to as “lecithinated cocoa.” The vent and then distributing the solution As cocoa is the major obstacle to the other method involved treating beverage over the cocoa by any of several means. quick wetting of dry beverage mixes, re­ mixes containing cocoa, or lecithinated The treated cocoa is thereafter dried to sults of tests showing rapid wetting of cocoa, by special procedures to cause the remove the solvent. (Tr. 53, 101, 162-63, cocoa alone can be used as an indication particles to clump together in loose ag­ 180-81, 235; P. 6.) of cocoa mix wettability. (Tr. 50-59, 60- glomerates. Some witnesses referred to 9. Tests have indicated that treating 61, 64-80, 87-88, 96, 123-24, 206-7, 292- these procedures as “instantizing proc­ cocoa with solvent containing no DSS 93; O. 3, 6.) esses.” (Tr. 87, 111, 124, 191-94, 223-26.) increases dispersibility to some degree. 16. Several tests were run by the 3. Lecithin has been used as a wetting It was suggested that this effect may re­ American Cyanamid Co., chocolate man­ agent for cocoa by some members of the sult from agglomeration of particles of ufacturers, and others on cocoa mixes industry. Some^of those using lecinthin cocoa or through the effect of the solvent containing cocoa treated with DSS by consider their methods for applying the on the cocoa fat. The increase of dis­ the American Cyanamid Co. The ma­ lecithin to the cocoa as proprietary proc­ persibility from treating cocoa with jority of results showed that the DSS- esses. Dioctyl sodium sulfosuccinate solvent alone was not as great as from treated samples were more rapidly dis­ (DSS) is also a wetting agent. In cost treating it with a solution of DSS in the persible. (Tr. 60-61, 96, 106-8, 123, 129, per pound lecithin is cheaper than DSS, solvent. The American Cyanamid CO. 130-33, 147; P. 4.) but this advantage is in part offset be­ ran tests in which they remilled cocoa 17. Tests were run at the plant of the cause a greater weight of lecithin than after the DSS treatment to eliminate U.S. Cocoa Co. with aid from American of DSS is required for treating a given agglomerates that might have been pro­ Cyanamid Co. employees. They treated weight of cocoa. The food standards for duced. These tests indicated that in­ both cocoa powder and kibbled pressed cocoa (21 CFR 14.3, 14.4, and 14.5) do creased dispersibility was not accounted cake in runs of up to 525 pounds. The not make provision for the use of lecithin for by agglomeration alone. (Tr. 79-80, results were comparable to those ob­ as a permitted ingredient but lecithin 107-8, 172-73, 290-92.) tained in the American Cyanamid Co.’s may be used in non-standardized bever­ TO. Pressed cake is the cocoa cake left plant. The President of U.S. Cocoa Co. age mixes that contain cocoa. (Tr. 1 Il ­ after extraction of a portion of the cocoa testified that these results could be du­ ls, 191-96, 215-17, 227-28, 298, 330-31.) butter with a filter press. This process plicated in runs of up to 5,000 pounds. 4. Agglomeration refers to the clump­ can reduce the fat content to as low as In 1964 the UJS. Cocoa Co., without aid ing together of fine particles into loose 8 to 10 percent. (Tr. 62-63, 110.) from the American Cyanamid Co.’s rep­ aggregates. These heavier. aggregated 11. Large cakes of cocoa, as they come resentatives, treated cocoa and beverage particles disperse in water or milk more from the filter presses, are hot suitable mixes with DSS and produced very easily readily because they break through the for feeding into cocoa mills. Preliminary dispersible products. (Tr. 94-97.) surface of the liquids and become wet to milling, the large cakes are passed 18. The size of a commercial run of more quickly than do separated fine par­ through a macMne that breaks them up cocoa may vary from 500 to 5,000 pounds. ticles. (Tr. 66, 78, 111, 143, 280.) into coarse pieces, the dimensions of (Tr. 97, 314.) 5. Instantizing is the most commonly wMch range from one-fourth inch to 19. In the majority of test rims on used process for making cocoa beverage 1 inch. This is called kibbling. One both cocoa mixes and cocoa alone the mixes more wettable. In tMs process the method for producing DSS treated cocoa amount of DSS used did not exceed 0.4 mixture of cocoa powder (wMch may be is to spray the solution of DSS-over the percent by weight of the cocoa. (Tr. 57, lecithinated), sugar, and (sometimes) kibbled cocoa before final milling. (Tr. 59, 79, 80, 87; O. 3, P. 4.) milk solids is passed through a very 62-63, 108, 286.) 20. Some members of the Chocolate humid atmosphere and then allowed to 12. Dutching is a procedure by which Manufacturers Association investigated fall through a chamber in wMch there cocoa is treated with alkali to neutralize- the use of DSS for treating cocoa. A l­ is hot air to dry it. TMs results in some of the acid constituents. TMs has though they were not successful in agglomeration of the individual particles an effect on the flavor and the color of duplicating the significant-improvements of the mix. Instantizing is an expensive the cocoa. The alkali treated cocoa is in wetting time acMeved by the Ameri­ method that is not economically feasible called “Dutch process cocoa.” The cocoa can Cyanamid Co. some of them were for some smaller manufacturers. These used for some beverage mixes is Dutch able to improve the dispersibility of their smaller producers of beverage mixes process cocoa. (Tr. 130-31, 306.) cocoas. For example, a witness from the have shown an interest in having cocoa 13. Cocoa with a very low fat content, Ambrosia Chocolate Co. testified about for example as low as 1 percent, is readily experiments in wMch they treated 20- dispersible by itself. (Tr. 57.) 1The abbreviations in the citations are: pound batches of cocoa with “ Com- ‘‘Tr.” for transcript pages of the hearing; 14. “Complemix” (also known as plemix-50” in water. By their testing “P.” for exhibits introduced by the peti­ “ Complemix 100” ) is the trade name for method they found a wetting time of tioner; and “O.” for exhibits introduced by the American Cyanamid Co.'s brand of about 6 minutes for the DSS-treated the objector. DSS. “ Complemix 50” is their brand of cocoa as compared with 14 minutes for

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23152 RULES AND REGULATIONS untreated controls. They also made a F in a l O rder affirmative action programs. Interested persons were given 30 days in which to trial run using their production setup. Therefore, on the basis of the fore­ This involved treating a 2,500 pound submit written comments, suggestions, going fin dings of fact and conclusions of or objections regarding the proposed batch of cocoa. They achieved a decrease law drawn therefrom; I t is ordered, That in wetting time as compared with the amendments. the stay of effective date of §§ 14.14, Having considered all relevant mate­ untreated control, but the improvement 121.1137(e), and 121.1229, whichstay was obtained was not better than they were rial submitted, I have decided to, and do promulgated December 3, 1969 (34 F.R. hereby amend Chapter 60 of Title 41 of able to accomplish with lecithin. The wit­ 19140), be ended. ness testified that he was interested in the Code of Federal Regulations by add­ DSS and its Wetting quality attributes. Effective date. This order shall become ing a new Part 60-2, reading as follows: He looked forward to improvement in effective 90 days from the date of its pub­ Subpart A— General the technology for the use of DSS for lication in the F ederal R eg iste r . Sec. treating cocoa. Another member of the (Secs. 401, 409, 701, 52 Stat. 1046, 1055 as 60-2.1 Title, purpose and scope. Association, the Wilbur Chocolate Co., amended by 70 Stat. 919 and 72 Stat. 948, 60-2.2 Agency Action. used “ Complemix 100” dissolved in a food 72 Stat. 1785-88 as amended; 21U.S.C. 341, Subpart B— Required Contents of Affirmative grade solvent in their investigations. 348, 371) Action Programs They were able to achieve improvement Dated: November 26,1971. 60-2.10 Purpose of affirmative action pro­ in wetting, time as compared with their gram. untreated cocoa. (Tr. 71, 159, 165-167, * R. E. D u g g a n , 60-2.11 Required utilization analysis. 205-9, 216-19, 244, 247, 301-3, 314-15; Acting Associate Commissioner 60-2.12 Establishment of goals and time­ O. 3.) for Compliance. tables. [FR Doc.71-17726 Filed 12-3-71;8:50 am] 60-2.13 Additional required ingredients of 21. Tests were conducted by witnesses affirmative action programs. for both parties showing the use of 60-2.14 Compliance status. ethanol, isopropanol, water, and air un­ disclosed natural food substance as the PART 148k— NYSTATIN Subpart C— Methods of Implementing the Requirements of Subpart B solvent for DSS. Alcohol 23A and isopro­ Nystatin Vaginal Tablets panol are comparable in their effective­ 60-2.20 Development or reaffirmation of the ness as solvents for DSS. (Tr. 63, 74, 78, Pursuant to provisions of the Federal equal employment opportunity 86, 124, 156, 162-64, 208, 220-23, 236, 331; Food, Drug, and Cosmetic Act (sec. 507, policy. P. 2, 6.) 59 Stat. 463, as amended; 21 U.S.C. 357) 60-2.21 Dissemination of the policy. and under authority delegated to the 60-2.22 Responsibility for implementation. 22. Alcohol 23A is denatured alcohol 60-2.23 Identification of problem areas by prepared to be suitable for use in food Commissioner of Food and Drugs (21 organization unit and job classi­ products. (T R 156.) CFR 2.120), § 148k.ll Nystatin vaginal fication. tablets is amended in the third sentence 60-2.24 Development and execution of pro­ C o n c l u s io n s of paragraph (a) (1) by changing “not grams. 1. Diootyl sodium sulfosuccinate can more than 130 percent of the number of 60-2.25 Internal audit and reporting sys­ units” to read “not more than 140 per­ tems. be added to cocoa in conformity with the 60-2.26 Support of action programs. stayed regulations concerning cocoa with cent of the number of units” . dioctyl sodium sulfosuccinate for manu­ This order raises the upper limit of Subpart D— Miscellaneous facturing (21 CPR 14.14, 121.1137(e), potency for the drug, allowing for a rea­ 60-2.30 Use of goals. and 121.1229) so as to accomplish the in­ sonable manufacturing and assay vari­ 60-2.31 Preemption. tended effect of facilitating production ability. It is nonrestrictive and noncon- 60-2.32 Supersedure. troversial in nature; therefore, notice of dry beverage bases with cocoa that Au th o r ity: The provisions of this Part will disperse rapidly in water or milk. and public procedure are not prerequi­ 60-2 issued pursuant to sec. 201, Executive 2. The standard of identity (21 CFR sites to this promulgation. Order 11246 ( 30 F.R. 12319). Effective date. This order shall become 14.14) established for cocoa with dioctyl Subpart A— General sodium sulfosuccinate for manufactur­ effective 30 days after date of publica­ ing (34 P.R. 122177) and stayed by tion in the F ederal R e g ist e r . § 60—2.1 Title, purpose and scope. order of the Commissioner (34 F.R. (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. This part shall also be known as “Re­ 19140) is reasonable and will promote 357) vised Order No. 4.” and shall cover non­ honesty and fair dealing in the interest Dated: November 21, 1971.. construction contractors. Section 60-1.40 Of consumers. of this Chapter, Affirmative Action Com­ H. E. S im m o n s , 3. The food additive regulations (21 Director, Bureau of Drugs. pliance Programs, requires that within CFR 121.1137(e) and 121.1229) estab­ 120 days from the commencement of a lished concerning cocoa with dioctyl [FR Doc.71-17775 Filed 12-3-71;8:51 am] contract each prime contractor or sub­ sodium sulfosuccinate for manufactur­ contractor with 50 or more employees ing (34 F.R. 12178) and stayed by order and a contract of $50,000 or more de­ of the Commissioner (34 F.R. 19140) per­ velop a written affirmative action com­ mit use of the additive at levels that are Title 41— PUBLIC CONTRACTS pliance program for each of its establish­ safe and sufficient to accomplish the in­ ments, and such contractors are now tended effect of the additive. AND PROPERTY MANAGEMENT further required to revise existing writ­ 4. Safe use of the additive dioctyl so­ ten affirmative action programs to in­ dium sulfosuccinate as contemplated in Chapter 60——Office of ^Federal Con­ clude the changes embodied in this order conclusion 3 above includes dissolving tract Compliance, Equal Employ­ within 120 days of its publication in the it in a solvent generally recognized by ment Opportunity, Department of F ederal R e g ist e r . A review of agency properly qualified experts as safe for compliance surveys indicates that many such use, or in a solvent used in con­ Labor contractors do not have affirmative ac­ formity with food additive regulations PART 60-2— AFFIRMATIVE ACTION tion programs on file at the time an (21 CFR Part 121), in an amount not PROGRAMS establishment is visited by a compliance greater than reasonably needed to facili­ investigator. This part details the agency tate applying the additive to the cocoa. On August 31,1971, notice of proposed review procedure and the results of a (In some of the reported tests isopropyl rule making was published in'the F ed ­ contractor’s failure to develop and main­ alcohol was selected as the solvent; the eral R e g ister (36 F.R. 17444) with re­ tain an affirmative action program and food additive regulation for isopropyl al­ gard to amending Chapter 60 of Title 41 then set forth detailed guidelines to be cohol (21 CFR 121.1043) does not cover of the Code of Federal Regulations by used by contractors and Government such use.) adding a new Part 60-2, dealing with agencies in developing and judging these

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 RULES AND REGULATIONS 23153

programs as well as the good faith effort bidder ineligible for future contracts and rect the deficiencies and, thus to increase required to transform the programs from subcontracts. materially the utilization of minorities paper commitments to equal employ­ (c) Immediately upon finding that aand women, at all levels and in all seg­ ment opportunity. Subparts B and C are contractor has no affirmative action pro­ ments of his work force where deficien­ concerned with affirmative action plans gram or that his program is not accept­ cies exist. only. able to the contracting officer, the Relief for members of an “ affected compliance agency representative or the § 6(1-2.11 Required utilization analysis. class” who, by virtue of past discrimina­ representative of the Office of Federal Based upon the Government’s experi­ tion, continue to suffer the present effects Contract Compliance, whichever has ence with compliance reviews under the of that discrimination must either be made such a finding, shall notify officials Executive order programs and the con­ included in the contractor’s affirmative of the appropriate compliance agency tractor reporting system, minority action program or be embodied in a sepa­ and the Office of Federal Contract Com­ groups are most likely to be underuti­ rate written “corrective action” pro­ pliance of such fact. The compliance lized in departments and jobs within de­ gram. An “affected class” problem must agency shall issue a notice to the con­ partments that fall within the following be remedied in order for a contractor to tractor giving him 30 days to show cause Employer’s Information Report (EEO- be considered in compliance. Section 60- why enforcement proceedings under sec­ 1) designations: officials and managers, 2.2 herein pertaining to an acceptable tion 209(b) of Executive Order 11246, as professionals, technicians, sales work­ affirmative action program is also appli­ amended, should not be instituted. ers, office and clerical and craftsmen cable to the failure to remedy discrimi­ (1) I f the contractor fails to show (skilled). As categorized by the EEO-1 nation against members of an “affected good cause for his failure or fails to rem­ designations, women are likely to be class.” edy that failure by developing and im­ underutilized- in departments and jobs § 60—2.2 Agency action. plementing an acceptable affirmative ac­ within departments as follows: officials tion program within 30 days, the com­ and managers, professionals, techni­ (a) Any contractor required by § 60- pliance agency, upon the approval of the cians, sales workers (except over-the- 1.40 of this chapter to develop an affirm­ Director, shall immediately issue a notice counter sales in certain retail establish­ ative action program at each of his of proposed cancellation or termination ments), craftsmen (skilled and semi­ establishments who has not complied of existing contracts or subcontracts and skilled). Therefore, the contractor shall fully with that section is not in compli­ debarment from future contracts and direct special attention to such jobs, in ance with Executive Order 11246, as subcontracts pursuant to § 60-1.26(b), his analysis and goal setting for minori­ amended (30 F.R. 12319). Until such giving the contractor Î0 days to request ties and women. Affirmative action pro­ programs are developed and found to be a hearing. I f a request for hearing has grams must contain the following infor­ acceptable in accordance with the stand­ not been received within 10 days from mation: ards and guidelines set forth in §§ 60- such notice, such contractor will be de­ (a) An analysis of all major job classi­ 2.10 through 60-2.32, the contractor is clared ineligible for future contracts and fications at the facility, with explana­ unable to comply with the equal employ­ current contracts will be terminated for tion if minorities or women are currently ment opportunity clause. default. being underutilized in any one or more (b) If, in determining such contractor’s (2) During the “show cause” period of job classifications (job “ classification” responsibility for an award of a contract 30 days every effort shall be made by the herein meaning one or a group of jobs it comes to the contracting officer’s at­ compliance agency, through conciliation, having similar content, wage rates and tention, through sources within his mediation, and persuasion to resolve the opportunities). “Underutilization” is de­ agency or through the Office of Federal deficiencies which led to the determina­ fined as having fewer minorities or Contract Compliance or other Govern­ tion of nonresponsibility. I f satisfactory women in a particular job classification ment agencies, that the contractor has adjustments designed to bring the con­ than would reasonably be expected by not developed an acceptable affirmative tractor into compliance are not con­ their availability. In making the work action program at each of his establish­ cluded, the compliance agency, with the force analysis, the contractor shall con­ ments, the contracting officer shall no­ prior approval of the Director, shall duct such analysis separately for minori­ tify the Director and declare the con­ promptly commence formal proceedings ties and women. tractor-bidder nonresponsible unless he leading to the cancellation or termina­ (1) In determining whether minorities can otherwise affirmatively determine tion of existing contracts or subcontracts are being underutilized in any job clas­ that the contractor is able to comply with and debarment from future contracts sification the contractor will consider at his equal employment obligations or, un­ and subcontracts under § 60-1.26(b) of least all of the following factors : less, upon review, it is determined by this chapter. (1) The minority population of the the Director that substantial issues of (d) During the “show cause” periodlabor area surrounding the facility; law or fact exist as to the contractor’s and formal, proceedings, each contract­ (ii) The size of the minority unem­ responsibility to the extent that a hear­ ing agency must continue to determine ployment force in the labor area sur­ ing is, in his sole judgment, required the contractor’s responsibility in consid­ rounding the facility; prior to a determination that the con­ ering whether or not to award a new or (iii) The percentage of the minority tractor is nonresponsible: Provided, That additional contract. work force as compared with the total during any pre-award conferences every work force in the immediate labor area; effort shall be made through the proc­ Subpart B— Required Contents of (iv) The general availability of minor­ esses of conciliation, mediation and per­ Affirmative Action Programs ities having requisite skills in the im­ suasion to develop an acceptable affirma­ § 60-2.10 Purpose of affirmative action mediate labor area; tive action program meeting the stand­ program. (v) The availability of minorities ards and guidelines set forth in §§ 60-2.10 having requisite skills in an area in through 60-2.32 so that, in the perform­ An affirmative action program is a set which the contractor can reasonably ■ ance of his contract, the contractor is of specific and result-oriented procedures . recruit; able to meet his equal employment ob­ to which a contractor commits himself to (vi) The availability of promotable ligations in accordance with the equal apply every good faith effort. The objec­ and transferable minorities within the opportunity clause and applicable rules, tive of those procedures plus such efforts contractor’s organization; regulations, and orders: Provided fur­ is equal employment opportunity. Proce­ (vii) The existence of training insti­ ther, That when the contractor-bidder is dures without effort to make them work tutions capable of training persons in the declared nonresponsible more than once are meaningless; and effort, undirected requisite skills; and for inability to comply with the equal by specific and meaningful procedures, (viii) The degree of training which the employment opportunity clause a notice is inadequate. An acceptable affirmative contractor is reasonably able to under­ setting a timely hearing date shall action program must include an analysis take as a means of making all job classes be issued concurrently with the second of areas within which the contractor is available to minorities. deficient in the utilization of minority (2) In determining whether women are nonresponsibility determination in ac­ groups and women, and further, goals cordance with the provisions of § 60-1.26 being underutilized in any job classifica­ and timetables to which the contractor’s tion, the contractor will consider at least proposing to declare such contractor- good faith efforts must be directed to cor­ all of the following factors :

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 No. 234- 4 23154 RULES AND REGULATIONS

(i) The size of the female unemploy­ tive action program must specifically § 60—2.14 Compliance status. ment force in the labor area surrounding analyze each of the factors listed in No contractor’s compliance status shall the faculty; 60-2.11 and must detail his reason for a be judged alone by whether or not he (ii) Hie percentage of the female lack of a goal. reaches his goals and meets his time­ workforce as compared with the total (k) In the event it comes to the atten­ tables. Rather, each contractor’s compli­ workforce in the immediate labor area; tion of the compliance agency or the ance posture shall be reviewed and de­ (iii) The general availability of wo­ Office of Federal Contract Compliance termined by reviewing the contents of his men having requisite skills in the im­ that there is a substantial disparity in program, the extent of his adherence to mediate labor area; the utilization of a particular minority this program, and his good faith efforts (iv) The availability of women having group or men or women of a particular to make his program work toward the requisite skills in an area in which the m inority group, the compliance agency realization of the program’s goals within contractor can reasonably recruit; or OFCC may require separate goals and the timetables set for completion. There (v ) The availability of women seeking timetables for such minority group and follows an outline of examples of pro­ employment in the labor or recruitment may further require, where appropriate, cedures that contractors and Federal area of the contractor; such goals and timetables by sex for such agencies should use as a guideline for (vi) The availability of promotable group for such job classifications and establishing, implementing, and judging and transferable female employees with­ organizational units specified by the an acceptable affirmative action program. in the contractor’s organization; compliance agency or OFCC. (vii) The existence of training institu­ (l) Support data for the required anal­ Subpart C— Methods of Implement­ tions capable of training persons in the ysis and program shall be compiled and ing the Requirements of Subpart B maintained as part of the contractor’s requisite skills; and § 60-2.20 Development or reaffirma­ (viii) The degree of training which affirmative action program. This data tion o f the equal employment oppor­ the contractor is reasonably able to un­ will include but not be limited to progres­ tunity policy. dertake as a means of making all job sion line charts, seniority rosters, appli­ classes available to women. cant flow data, and applicant rejection (a) The contractor’s policy statement ratios indicating minority and sex status. should indicate the chief executive offi­ § 60-2.12 Establishment of goals and Cm) Copies of affirmative action pro­ cers’ attitude on the subject matter, as­ timetables. grams and/or copies of support data sign overall responsibility and provide for (a) The goals and timetables devel­ shall be made available to the compliance a reporting and monitoring procedure. oped by the contractor should be attain­ agency or the Office of Federal Contract Specific items to be mentioned should able in terms of the contractor’s analysis Compliance, at the request of either, for include, but not limited to: of his deficiencies and his entire affirma­ such purposes as may be appropriate to (1) Recruit, hire, train, and promote tive action program. Thus, in establishing the fulfillment of their responsibilities persons in all job classifications, without the size of his goals and the length of his under Executive Order 11246, as regard to race, color, religion, sex, or timetables, the contractor should con­ amended. national origin, except where sex is a sider the results which could reasonably bona fide occupational qualification. be expected from his putting forth every § 60—2.13 Additional required ingredi­ (The term “ bona fide occupational quali­ good faith effort to make his overall ents o f affirmative action programs. fication” has been construed very nar­ affirmative action program work. In de­ Effective affirmative action programs rowly under the Civil Rights Act of 1964. termining levels of goals, the contractor shall contain, but not necessarily be lim­ Under Executive Order 11246 as amended should consider at least the factors listed ited to, the following ingredients: and this part, this term will be construed in § 60-2.11. (a) Development or reaffirmation of in the same manner.) (b) Involve personnel relations staff, the contractor’s equal employment op­ (2) Base decisions on employment so department and division heads, and local portunity policy in all personnel actions. as to further the principle of equal em­ and unit managers in the goal setting ployment opportunity. (b) Formal internal and external dis­ process. (3) Insure that promotion decisions semination of the contractor’s policy. (c) Goals should be significant, meas­ are in accord with principles of equal urable and attainable. (c) Establishment of responsibilities employment opportunity by imposing (d) Goals should be specific for for implementation of the contractor’s only valid requirements for promotional planned results, with timetables for affirmative action program. opportunities. completion. (d) Identification of problem areas (4) Insure that all personnel actions (e) Goals may not be rigid and inflex­ (deficiencies) by organizational units such as compensation, benefits, transfers, ible quotas which must be met, but must and job classification. layoffs, return from layoff, company be targets reasonably attainable by (e) Establishment of goals and objec­ sponsored training, education, tuition as­ means of applying every good faith ef­ tives by organizational units and job sistance, social and recreation programs, fort to make all aspects of the entire classification, including timetables for will be administered without regard to affirmative action program work. completion. race, color, religion, sex, or national ( f ) In establishing timetables to meet (f) Development and execution of ac­ origin. goals and commitments, the contractor tion oriented programs designed to elim­ § 60—2.21 Dissemination o f the policy. will consider the anticipated expansion, inate problems and further designed to (a) The contractor should disseminate contraction and turnover of and in the attain established goals and objectives. work force. his policy internally as follows: (g) Design and implementation of in­ (g) Goals, timetables and affirmative (1) Include it in contractor’s policy ternal audit and reporting systems to action commitments must be designed manual. to correct any identifiable deficiencies. measure effectiveness of the total pro­ gram. (2) Publicize it in company newspaper, (h) Where deficiencies exist and magazine, annual report and other media. (h) Compliance or personnel policies where numbers or percentages are rele­ (3) Conduct special meetings with ex­ vant in developing corrective action, the and practices with the Sex Discrimina­ tion Guidelines (41 CFR Part 60-20). ecutive, management, and supervisory contractor shall establish and set forth personnel to explain intent of policy and specific goals and timetables separately (i) Active support of local and na­ individual responsibility for effective im­ for minorities and women. tional community action programs and plementation, making clear the chief ex­ community service programs, designed (i) Such goals and timetables, with ecutive officer’s attitude. supporting data and the analysis thereof to improve the employment opportunities of minorities and women. (4) Schedule special meetings with all shall be a part of the contractor’s written other employees to discuss policy and ex­ affirmative action program and shall be (j) Consideration of minorities and plain individual employee responsibilities. maintained at each establishment of the women not currently in the workforce having requisite skills who can be re­ (5) Discuss the policy thoroughly in contractor. both employee orientation and manage­ (j) Where the contractor has not cruited through affirmative action ment training programs. established a goal, his written affirma- measures.

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 RULES AND REGULATIONS 23155

(6) Meet with union officials to inform (3) Assisting line management in ar­ (2) Composition of applicant flow by them of - policy, and request their riving at solutions to problems. minority group status and sex. cooperation. (4 ) Designing and implementing (3) The total selection process includ­ (7) Include nondiscrimination clauses audit and reporting systems that w ill: ing position descriptions, position titles, in all union agreements, and review all (i) Measure effectiveness of the con­ worker specifications, application forms, contractual provisions to ensure they are tractor’s programs. interview procedures, test administration, nondiscriminatory. (ii) Indicate need for remedial action. test validity, referral procedures, final (8) Publish articles covering EEO pro­ (iii) Determine the degree to which the selection process, and similar factors. grams, progress reports, promotions, contractor’s goals and objectives have (4) Transfer and promotion practices. etc., of minority and female employees, been attained. (5) Facilities, company sponsored rec­ in company publications. (5) Serve as liaison between the con­ reation and social events, and special (9) Post the policy on company bul­ tractor and enforcement agencies. programs such as educational assistance. letin boards. (6) Serve as liaison between the con­ (6) Seniority practices and seniority (10) When employees are featured in tractor and minority organizations, wom­ provisions of union contracts. product or consumer advertising, em­ en’s organizations and community action (7) Apprenticeship programs. ployee handbooks or similar publications groups concerned with employment op­ (8) All company training programs, both minority and nonminority, men portunities of minorities and women. formal and informal. and women should be pictured. (7) Keep management informed of (9) Work force attitude. (11) Communicate to employees the latest developments in the entire equal (10) Technical phases of compliance, existence of the contractors affirmative opportunity area. such as poster and notification to labor action program and make available such (b) Line responsibilities should include, unions, retention of applications, noti­ elements of his program as will enable but not be limited to, the following: fication to subcontractors, etc. such employees to know of and avail (1) Assistance in the identification of (b) I f any of the following items are themselves of its benefits. problem areas and establishment of local found in the analysis, special corrective (b) The contractor should dissemi­and unit goals and objectives. action should be appropriate. nate his policy externally as follows: (2) Active involvement with local (1) An “underutilization” of minor­ (1) Inform all recruiting sources ver­ minority organizations, women’s organi­ ities or women in specific work classi­ bally and in writing of company policy, zations, community action groups and fications. stipulating that these sources actively community service programs. (2) Lateral and/or vertical movement recruit and refer minorities and women (3) Periodic audit of training pro­ of minority or female employees occur­ for all positions listed. grams, hiring and promotion patterns to ring at a lesser rate (compared to work (2) Incorporate the Equal Opportu­ remove impediments to the attainment of force mix) than that of nonminority or nity clause in all purchase orders, leases, goals and objectives. male employees. contracts, etc., covered by Executive (4) Regular discussions with local (3) The selection process eliminates Order 11246, as amended, and its im­ managers, supervisors and employees to a significantly higher percentage of mi­ plementing regulations. be certain the contractor’s policies are norities or women than nonminorities (3) Notify minority and women’s or­ being followed. or men. ganizations, community agencies, com­ (5) Review of the qualifications of all (4) Application and related preem­ munity leaders, secondary schools and employees to insure that minorities and ployment forms not in compliance with colleges, of company policy, preferably women are given full opportunities for Federal legislation. in writing. transfers and promotions. (5) Position descriptions inaccurate (4) Communicate to prospective em­ (6) Career counseling for all em­ in relation to actual functions and du­ ployees the existence of the contractor’s ployees. ties. affirmative action program and make (7) Periodic audit to insure that each (6) Tests and other selection tech­ available such elements of his program location is in compliance in area such as: niques not validated as required by the as will enable such prospective employees (i) Posters are properly displayed. OFCC Order on Employee Testing and to know of and avail themselves of its (ii) All facilities, including company other Selection Procedures. benefits. housing, which the contractor maintains (7) Test forms not validated by loca­ (5) When employees are pictured in for the use and benefit of his employees, tion, work performance and inclusion of consumer or help wanted advertising, are in fact desegregated, both in policy minorities and women in sample. both minorities and nonminority men and use. If the contractor provides fa ­ (8) Referral ratio of minorities or and women should be shown. cilities such as dormitories, locker rooms women to the hiring supervisor or man­ (6) Send written notification of com­ and rest rooms, they must be comparable ager indicates a significantly higher per­ pany policy to all subcontractors, ven­ for both sexes. centage are being rejected as compared dors and suppliers requesting appropri­ (iii) Minority and female employees to nonminority and male applicants. ate action on their part. are afforded a full opportunity and are (9) Minorities or women are excluded § 60—2.22 Responsibility for implemen­ encouraged to participate in all company from or are not participating in company tation. sponsored educational, training, recrea­ sponsored activities or programs. tional and social activities. (a) An executive, of the contractor (10) De facto segregation still exists (8) Supervisors should be made to at some facilities. should be appointed as director or man­ understand that their work performance ager of company Equal Opportunity Pro­ is being evaluated on the basis of their (11) Seniority provisions contribute to grams. Depending upon the size and equal employment opportunity efforts overt or inadvertent discrimination, i.e., geographical alignment of the company, and results, as well as other criteria. a disparity by minority group status or this may be his or her sole responsibility. sex exists between length of service and (9) It shall be a responsibility of types of job held. He or she should be given the necessary supervisors to take actions to prevent top management support and staffing to harassment of employees placed through (12) Nonsupport of company policy by execute the assignment. His or her affirmative action efforts. managers, supervisors or employees. identity should appear on all internal (13) Minorities or women underuti­ and external communications on the § 60—2.23 Identification of problem lized or significantly underrepresented in company’s Equal Opportunity Programs. areas by organizational units and job training or career improvement pro­ His or her responsibilities should include, classifications. grams. but not necessarily be limited to: (a) An in-depth analysis of the fol­ (14) No formal techniques established (1) Developing policy statements, af­ lowing should be made, paying particular for evaluating effectiveness of EEO firmative action programs, internal and attention to trainees and those categories programs. external communication techniques. listed in § 60-2.11(d). (15) Lack of access to suitable hous­ (2) Assisting in the identification of (1) Composition of the work force by ing inhibits recruitment efforts and em­ problem areas. minority group status and sex. ployment of qualified minorities.'

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23156 RULES AMD REGULATIONS

(16) Lack of suitable transportation ployment Programs, Neighborhood (iv) Summer work-study programs for Youth Corps, Secondary Schools, Col­ male and female faculty members of the (public or private) to the work place in­ predominantly minority schools and hibits minority employment. leges, and City Colleges with high minor­ (17) Labor unions and subcontractors ity enrollment, the State Employment colleges. Service, specialized employment agen­ (v) Motivation, training and employ­ not notified of their responsibilities. ment programs for the hard-core unem­ (18) Purchase orders do not contain cies, Aspira, LULAC, SER, the G.I. Forum, the Commonwealth of Puerto ployed, male and female. EEO clause. (10) When recruiting brochures pic- (19) Posters not on display. Rico are normally prepared to refer mi­ nority applicants. Organizations pre­ torially present work situations, the mi­ § 60—2.24 Development and execution pared to refer women with specific skills nority and female members of the work of programs. are: National Organization for Women, force should be included, especially when (a) The contractor should conduct de­ Welfare Rights Organizations, Women’s such brochures are used in school and tailed analyses of position descriptions Equity Action League, Talent Bank from career programs. to insure that they accurately reflect Business and Professional Women (in­ (11) Help wanted advertising should position functions, and are consistent cluding 26 women’s organizations), Pro­ be expanded to include the minority news for the same position from one location fessional Women’s Caucus, Intercollegi­ media and women’s interest media on to another. • ate Association of University Women, a regular basis. (b) The contractor should validate Negro Women’s sororities and service ( f ) The contractor should insure that worker specifications by division, depart­ groups such as Delta Sigma Theta, minority and female employees are given ment, location or other organizational Alpha Kappa Alpha, and Zeta Phi Beta; equal opportunity for promotion. Sug­ unit and by job category using job per­ National Council of Negro Women, gestions for achieving this result include: formance criteria. Special attention American Association of University (1) Post or otherwise announce pro­ should be given to academic, experience Women, YWCA, and sectarian groups motional opportunities. and skill requirements to insure that the such as Jewish Women’s Groups, Cath­ (2) Make an inventory of current mi­ requirements in themselves do not con­ olic Women’s Groups and Protestant nority and female employees to deter­ stitute inadvertent discrimination. Spe­ Women’s Groups, and Women’s colleges. mine academic, skill and experience level cifications should be consistent for the In addition, community leaders as indi­ of individual employees. same job classification in all locations viduals shall be added to recruiting (3) Initiate necessary remedial, job and should be free from bias as regards sources. training and workstudy programs. to race, color, religion, sex, or national (2) Formal briefing sessions should be (4) Develop and implement formal origin, except where sex is a bona fide held, preferably on company premises, employee evaluation programs. occupational qualification. -Where re­ with representatives from these recruit­ (5 ) Make certain “ worker specifica­ quirements screen out a disproportionate ing sources. Plant tours, presentations by tions” have been validated on job per­ number of minorities or women such re­ minority and female employees, clear formance related criteria. (Neither quirements should be professionally and concise explanations of current and minority nor female employees should validated to job performance. future job openings, position descrip­ be required to possess higher qualifica­ (c) Approved position descriptions tions, worker specifications, explanations tions than those of the lowest qualified and worker specifications, when used by of the company’s selection process, and incumbent.) the contractor, should be made available recruiting literature should be an in­ (6) When apparently qualified minor­ to all members of management involved tegral part of the briefings. Formal ar­ ity or female employees are passed over In the recruiting, screening, selection, and rangements should be made for referral for upgrading, require supervisory per­ promotion process. Copies should also of applicants, followup with sources, and sonnel to submit written justification. be distributed to all recruiting sources. feedback on disposition of applicants. (7) Establish formal career counsel­ (d) The contractor should evaluate (3) Minority and female employees, ing programs to include attitude devel­ the total selection process to insure free­ using procedures similar to subpara­ opment, education aid, job rotation, dom from bias and, thus, aid the attain­ graph (2) of this paragraph, should be buddy system and similar programs. actively encouraged to refer applicants. ment of goals and objectives. (8) Review seniority practices and (1) All personnel involved in the re­ (4) A special effort should be made to include minorities and women on the seniority clauses in union contracts to cruiting, screening, selection, promotion, insure such practices or clauses are non- Personnel Relations staff. disciplinary, and related processes should discriminatory and do not have a dis­ be carefully selected and trained to in­ (5) Minority and female employees criminatory effect. sure elimination of bias in all personnel should be made available for participa­ tion in Career Days, Youth Motivation (g) Make certain facilities and com­ actions. pany-sponsored social and recreation (2) The contractor shall observe the Programs, and related activities in their activities are desegregated. Actively en­ requirements of the OPCC Order per­ communities. courage all employees to participate. taining to the validation of employee (6) Active participation in “ Job Fairs” tests and other selection procedures. is desirable. Company representatives so (h) Encourage child care, housing and transportation programs appropriately (3) Selection techniques other than participating should be given authority designed to improve the employment op­ tests may also be improperly used so as to make on-the-spot commitments. portunities for minorities and women. to have the effect of discriminating (7) Active recruiting programs should against minority groups and women. be carried out at secondary schools, jun­ § 60-2.25 Internal audit and reporting Such techniques include but are not re­ ior colleges, and colleges with predomi­ systems. stricted to, unscored interviews, unscored nant minority or female enrollments. (a) The contractor should monitor or casual application forms, arrest rec­ (8) Recruiting efforts at all schools records of referrals, placements, trans­ ords, credit checks, considerations of should incorporate special efforts to fers, promotions and terminations at all marital status or dependency or minor reach minorities and women. levels to insure nondiscriminatory policy children. Where there exist data sug­ gesting that such unfair discrimination (9) Special employment programs is carried out. or exclusion of minorities or women ex­ should be undertaken whenever possible. (b) The contractor should require ists, the contractor should analyze his Some possible programs are: formal reports from unit managers on a schedule basis as to degree to which unscored procedures and eliminate them (i) Technical and nontechnical co-op corporate or unit goals are attained and if they are not objectively valid. programs with predominately Negro and timetables met. (e) Suggested techniques to improvewomen’s colleges. (c) The contractor should review re­ recruitment and increase the flow of

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 RULES AMD REGULATIONS 23157

and submit recommendations to improve ing a previous “ Order No. 4” from this cations at 13 repeater sites located as unsatisfactory performance. Office dated January 30, 1970.'Nothing follows: § 60—2.26 Support o f action programs. in this part is intended to amend 41 CFR 60-3 published in the F ederal Location Latitude Longitude (a) The contractor should appoint R egister on October 2, 1971 or Employee key members of management to serve on Testing and Other Selection Procedures Bonasila Dome...... 60°65'00" 161°26'00" Merit Employment Councils, Community or 41 CFR 60-20 on Sex Discrimination Great Ridge...... 60°01T2" 160°56'18" Relations Boards and similar organiza­ Hill (986)...... 61°33'02" 160°18T0" Guidelines. Hill (1142)...... 62°20'53" 163°33'06" tions. Effective date. This part shall become Kuzilvak Mountain____ ... 62°00T0" 164°35'34" (b) The contractor should encourage Kwigillingok...... 69°62'00" 163°08'25" effective on the date of its publication North Yoke Mountain...... 59°30'40" 161°37'27" minority and female employees to par­ in the Federal R egister (12-4-71). Pilcher Mountain...... 61°56'54" 161°59'42" ticipate actively in National Alliance S.E. Aghaluk Mountain. ... 61°30'25" 158°09'00" Signed at Washington, D.C., this 1st of Businessmen programs for youth Tern Mountain...... 60°05'00" 164°17'00" day of December 1971. Hill 139 (Near Tuluksak)... 60°57'30" 160°55'12" motivation. Ugchimak Mountain___ ... 60°36'00" 165°13'00" (c) The contractor should support J. D. H odgson, Red Mountain______... 61°35'22" 157°16'31" Vocational Guidance Institutes, Vesti­ Secretary of Labor. bule Training Programs and similar H orace E. M enasco, H arrison L oesch, activities. Acting Assistant Secretary Assistant Secretary of the Interior. (d) The contractor should assist sec­ for Employment Standards. N ovember 26, 1971. ondary schools and colleges in programs designed to enable minority and female John L. W ilks, [FR Doc.71-17718 Filed 12-3-71;8:46 am] graduates of these institutions to com­ Director, Office of Federal Contract Compliance. pete in the open employment market on a more equitable basis. [FR Doc.71-17789 Filed 12-3-71;8:51 am ] (e) The contractor should publicize Title 50— WILDLIFE AND achievements of minority and female employees in local and minority news FISHERIES media. Title 43— PUBUC LANDS: Chapter I— Bureau of Sport Fisheries (f) The contractor should support and Wildlife, Fish and Wildlife programs developed by such organiza­ INTERIOR Service, Department of the Interior tions as National Alliance of Business­ Chapter II— Bureau of Land Manage­ men, the Urban Coalition and other PART 33— SPORT FISHING organizations concerned with employ­ ment, Department of the Interior ment opportunities for minorities or APPENDIX— PUBLIC LAND ORDERS Buffalo Lake National Wildlife women. Refuge, Tex. [Public Land Order 5145] Subpart D— Miscellaneous [Anchorage 6295] The following special regulation is is­ sued and is effective on date of publica­ § 60—2.30 Use of goals. ALASKA tion in the F ederal R egister (12-4-71). The purpose of a contractor’s estab­ lishment and use of goals is to insure Modification of Public Land Order § 33.5 Special regulations ; sport fish­ No. 4582, as Amended ing; for individual wildlife refuge that he meet his affirmative action ob­ areas. ligation. It is not intended and should By virtue of the authority vested in T exas not be used to discriminate against any the President by section 1 of the Act of applicant or employee because of race, June 25, 1910, 36 Stat. 847, as amended, BUFFALO LAKE NATIONAL WILDLIFE REFUGE color, religion, sex, or national origin. 43 U.S.C. § 141 (1970), and pursuant to Sport fishing on the Buffalo Lake Na­ § 60—2.31 Preemption. Executive Order No. 10355 of May 26, tional Wildlife Refuge, Tex., is suspended for the 1972 season. Following total loss To the extent that any State or local 1952 (17 F.R. 4831), it is ordered as follows: of impounded water, due to a prolonged laws, regulations or ordinances, includ­ drought, the lake has refilled to a level ing those which grant special benefits to Public Land Order No. 4582 of Janu­ affording réintroduction of game fish persons on account of sex, are in con­ ary 17, 1969, as amended by Public Land species. In the interim, until the reintro­ flict with Executive Order 11246, as Order No. 4962 of December 8, 1970, and duced game fish grow to sufficient size to amended, or with the requirements of Public Land Order No. 5081 of June 17, this part, we will regard them as pre­ 1971, withdrawing all unreserved public provide quality fishing opportunities, empted under the Executive order. lands in Alaska for the determination fishing will be temporarily suspended in and protection of the rights of Native all waters of the refuge. § 60—2.32 Supersedure. Aleuts, Eskimos, and Indians of Alaska, P aul E. F erguson, is hereby modified to the extent neces­ All orders, instructions, regulations, Refuge Manager, Buffalo Lake and memoranda of the Secretary of sary to permit the issuance of rights-of- Rational Wildlife Refuge, Um- Labor, other officials of the Department way under appropriate authority to per­ barger, Tex. of Labor and contracting agencies are mit installation, maintenance, and use of hereby superseded to the extent that microwave radio equipment, and related N ovember 29, 1971. they are inconsistent herewith, includ- facilities by the RCA Alaska Com muni - [FR Doc.71-17727 Filed 12-3-71:8:46 am ]

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23158 Proposed Rule Making

as proposed (the heavy liquids program) (d) No license issued under an alloca­ DEPARTMENT OF THE INTERIOR should be submitted before February 1, tion made pursuant to this section shall Office of Oil and Gas 1972. Each person who submits com­ be valid for a period longer than 6 ments is asked to provide fifteen (15) months following the day on which the [ 32A CFR Ch. X 2 copies. license is issued. G e n e P. M o r r e ll, (e) An allocation of imports of crude [Oil Import Reg. 1 (Rev. 5) J Director, oil under this section shall be computed ALLOCATIONS OF IMPORTS OF Office of Oil and Gas. as follows: CRUDE OILS AND UNFINISHED OILS 1. A new section 9A, reading as follows, (1) The Director shall determine the BASED ON EXPORTS OF PETRO­ would be added to Oil Import Regula­ total weight of eligible petrochemicals (i) tion 1 (Revision 5) : which were produced by chemical reac­ CHEMICALS AND ON THE CONVER­ tion in the applicant’s facilities in Dis­ SION OF HEAVY LIQUIDS TO Sec. 9Â Allocations based on exports. tricts I-IV or in District V, and (ii) which PETROCHEMICALS (a) For the purposes of this section: were exported by the applicant from the customs territory of the United States (1) “Eligible petrochemicals” means Notice of Proposed Rule Making during a base period. materials falling into the following trade (2) The Director shall ascertain the By a press release of August 12, 1971, classifications, as specified, of Schedule the Director, Office of Emergency Pre­ total hydrogen and carbon content of B of the Department of Commerce Sta­ that part of the total weight of the eli­ paredness, announced general plans to tistical Classifications of Domestic and make allocations of imports of crude oil gible petrochemicals determined pursu­ Foreign Commodities Exported from the ant to subparagraph (1) of this para­ and unfinished oils to the petrochemical U.S. industry on the basis of exports of petro­ graph (e) which was derived from crude Trade oil or unfinished oils produced or manu­ chemicals and to increase allocations of classification Description imports of crude and unfinished Oils for factured in Districts I-IV or in District Schedule B number : V or imported pursuant to an allocation. the conversion of heavy liquid feedstocks 231.2 ______- Synthetic Rubber & Rub­ into petrochemicals. To implement these (3) That part of the total hydrogen ber Substitutes except and carbon content of eligible petro­ plans, it is proposed to add to Oil Im ­ compounded, seunproc­ port Regulation 1 (Revision 5) new sec­ essed, and manufac­ chemicals ascertained pursuant to sub- tions 9A and 9B, reading as set forth be­ tures; e.g., SBR Type paragraph (2) of this paragraph, to have low. Both sections would apply to Dis­ Rubber, Butyl Rubber. been derived from crude oil or unfinished tricts I-IV and to District V. 266.2 & 266.3. Manmade Organic Fibers oils produced or manufactured in Dis­ suitable for spinning, tricts I-IV or in District V or imported Section 9A as proposed would provide except Glass; e.g., Nylon for allocations of imports of crude oil pursuant to an allocation shall be di­ Staple, Polyester Staple. vided by the average density, expressed and unfinished oils to persons operating 512 ______Chemical Elements and petrochemical plants based on the quan­ in pounds per barrel, of all petrochemi­ Compounds— cal plant inputs upon which the appli­ tities of “eligible petrochemicals” (as de­ 5 1 2 ______Organic Chemicals; e.g., cant’s allocation under section 9 for the fined) which these persons manufacture Ethylene Glycol, Ace­ tic Acid. particular allocation period is based. The and export. Such “ eligible petrochemi­ applicant shall receive an allocation of cals” might be manufactured in a plant 513.27______Carbon Black. 521.4024 -__T_ Ortho Xylene. barrels of imports of crude oil equal to other than a petrochemical plant as de­ 521.4025 ____ Para Xylene. the resulting quotient. fined in section 22 of the regulation. 521.4027______Mixed Xylenes. (f) A shipment of eligible petrochem­ Under section 9A, such allocations would 554.2022______Detergents, Synthetic Or­ icals from Districts I-IV or from Dis­ be made quarterly. Allocations under ganic, Bulk. trict V to a foreign country or to the sections 9A would be in addition to the 554.2024______Detergents, Synthetic Or­ ganic, Bulk. Virgin Islands, Guam, American Samoa, “ regular” allocations made under section or the Trust Territory of the Pacific Is­ 9 of Oil Import Regulation 1 (Revision 5). 554.2026______Detergents, Synthetic Or­ ganic, Bulk. lands constitutes an export for the pur­ Section 9B as proposed would provide 581.1005- Plastic Materials and Arti- poses of this section. A shipment of eligi­ for allocations of imports of crude oil .1055, 581.-< flcial Resins; e.g., Poly- ble petrochemicals from Districts I-IV and unfinished oils to operators of plants 2002-.2058. amide, Phenolic, Poly- or from District V to Puerto Rico or to which utilize “ heavy liquid feedstock” ethlene. a foreign trade zone shall not constitute in the production of “hydrocarbon inter­ (2) Each quarter of a particular allo­an export for the purposes of this sec­ mediates” or in the production of “petro­ cation period (e.g., January, February, tion. I f eligible petrochemicals are re­ chemicals,” or both. March) shall constitute a “base period.” turned after having been exported with­ The program proposed under section (b) A person who holds an allocation out having been advanced in value or 9B would come into effect when not less of imports into Districts I-IV or into Dis­ improved in condition by any process of than 400,000 barrels of heavy liquid feed­ trict V for a particular allocation period manufacturer or other means while stock had been processed by a heavy under section 9 of this regulation shall abroad, the total weight of such eligible liquid plant, the construction of which also be entitled to receive under this sec­ petrochemicals so returned shall either was begun after August 12,1971. tion 9A an allocation of imports of crude be excluded or deducted as appropriate, Final action upon the proposed amend­ oil into Districts I-IV or into District V from the applicant’s base in computing ments is subject to the concurrence of (as the case may be) based on his exports an allocation under paragraph (e) of this the Director, Office of Emergency Pre­ of eligible petrochemicals during a base section. paredness. period within that allocation period- (g) An allocation made pursuant to Interested persons are invited to sub­ (c) An application for an allocation this section shall entitle a person to a mit written comments upon the proposed under this section must be filed with the license or licenses which will allow the importation of unfinished oils in an new sections to the Director, Office of Director no later than 20 days after the amount not exceeding, in the aggregate, Oil and Gas, Department of the Interior, last day of thé base period to which the Washington, D.C. 20240. Comments on 15 percent of the person’s allocation. section 9A as proposed (the export-im­ application relates. An application must However, the Director shall permit a per­ port program) should be submitted by be in such form as the Director may son holding such an allocation to import January 3,1972. Comments on section 9B prescribe. unfinished oils in an amount up to 100

FEDERAL REGISTER, V O L 36, NO. 234— SATURDAY, DECEMBER 4, 1971 PROPOSED RULE MAKING 23159 percent of such person’s allocation upon converted to petrochemicals or to hydro­ intermediates during the base period. For certification by him to the Director that carbon intermediates which were subse­ a particular allocation period, each such such imported unfinished oils will not quently converted to' petrochemicals, or, eligible applicant shall be entitled to re­ be exchanged, -that such unfinished oils (iff) into petrochemical plant inputs as ceive an allocation of importé of crude will be processed entirely in the person’s defined in section 22. oil and unfinished oils into Districts I-IV petrochemical plants, and that more (5) The term “petrochemical unit”or into District V, as appropriate, com­ than 50 percent by weight of the yields refers to equipment (including associated puted as follows: from such unfinished oils will be con­ downstream product recovery equipment (1) The Director shall determine the verted into petrochemicals or that more or units), located in Districts I-IV or weight of hydrocarbon intermediates than 75 percent by weight of recovered District V, in which the weight percent which were produced by each of the ap­ product output will consist of petro­ yield of hydrocarbon intermediates in plicant’s heavy liquid plants during the chemicals. each separate feedstock stream converted base period and which were processed in (h) No allocation made pursuant to by chemical reaction into petrochemicals a petrochemical unit or units by the ap­ this section may be sold, assigned, or exceeds the weight percent of other re­ plicant during the base period. The Di­ otherwise transferred. covered organic compounds that are not rector shall deduct from the weight so (i) This section 9A shall be effective petrochemicals. determined the hydrocarbon content of for the allocation period January 1,1972, C6> The term “ base period” means the any organic compounds that were not through December 31,1972, and succeed­ period of 12 months ending on Septem­ petrochemicals antj that were produced ing allocation periods. ber 30 preceding the allocation period by the applicant from the hydrocarbon 2. A new section 9B, reading as fol­for which an application for an alloca­ intermediates and recovered for commer­ lows, would be added to Oil Import tion under this section 9B is filed. cial disposition or use. For the purposes (b) Except as provided in paragraph Regulation 1 (Revision 5) : of this subparagraph, CO and C02 shall (1) of this section, allocations under this not be regarded as organic compounds. Sec. 9B Allocations of Imports of Crude section shall be made for periods of 12 (2) The Director shall determine the Oil and Unfinished Oils for Conver­ months beginning January 1. weight of hydrocarbon intermediates (i) sion o f Heavy Liquid Feedstocks to (c) (1) Applications for allocations which were produced by each of the ap­ Petrochemicals— Districts I—IV and under paragraphs (e) and (f) of this plicant’s heavy liquid plants during the District V. section must be filed within the time pre­ base period, and (ii) which the applicant (a) For the purpose of this section: scribed by section 5 of this regulation. certifies were sold by him to another to (1) The term “heavy liquid feedstock” (2) An application shall be in such be processed into petrochemicals, and means (i) a stream of crude oil or (ii) a form the Director may prescribe, and an (iii) respecting which the applicant has stream which was derived from crude oil applicant shall furnish such additional furnished certificates from the buyers as or natural gas products, which consisted information as the Director shall require. to the weight and disposition of the predominantly of paraffinic hydrocar­ All information supplied by an applicant hydrocarbon intermediates purchased bons, which contained hydrocarbon com­ shall be subject to such vérification as and processed in a petrochemical unit or pounds having a content of not less than the Director may deem appropriate, in­ units during the base period. The Direc­ CB, and which was produced in Districts cluding inspection of the applicant’s tor shall deduct from the weight so deter­ I-IV or in District V or imported pur­ heavy liquid plant or plants, the appli­ mined the hydrocarbon content of any suant to an allocation. cant’s petrochemical unit or units, and organic compounds that were not petro­ the petrochemical unit or units of per­ (2) The term “petrochemicals” means chemicals and that were produced by the sons to whom hydrocarbon intermediates buyers from the hydrocarbon inter­ any of those items listed in column 1 of have been sold by the applicant. In the the schedule set forth in paragraph (k) mediates and recovered for commercial case of an application for an allocation disposition or use. For the purposes of of this section insofar as they conform to based, in whole or in part, upon the sale the notations contained in columns 2 and this subparagraph, CO and CO2 shall not by the applicant of hydrocarbon inter­ be regarded as organic compounds. 3 of such schedule. mediates to be processed into petrochem­ (3) The term “hydrocarbon inter­ icals, the application shall be accom­ (3) The Director shall determine the mediates” means any or all of the fol­ panied by certificates from the buyers as total weight of feedstocks charged to lowing items which were produced by to the weight of such hydrocarbon inter­ each of the applicant’s heavy liquid chemical reaction in a heavy liquid plant mediates and as to such buyers’ dispo­ plants during the base period. The Direc­ from feedstock streams and which were sition thereof. Such verification may in­ tor shall deduct from the weight so deter­ processed in a petrochemical unit: hy­ clude examination of the records of all mined the weight of all hydrocarbon drogen, methane, ethane, propane, bu­ plants participating in the production of intermediates produced from such feed­ tane, olefins Cz-Cis, diolefins Ct-Cm (or petrochemicals which are claimed by an stocks and the hydrocarbon content of Cs-Ce in the event their purity falls be­ applicant as a basis for an allocation. any other organic compounds that were low 90 percent by weight), acetylenes (d) A person who receives an alloca­ not petrochemicals and that were pro­ Cit-CiB (or C 2 - C 3 in the event their purity tion under this section 9B may not re­ duced by the applicant from the total falls below 90 percent by weight), ben­ ceive an allocation pursuant to section 9 feedstocks and recovered for commercial zene, toluene, and xylene, or combina­ based on any feed stock stream processed disposition or use. For the purposes of tions thereof. ih the person’s heavy liquid plant or this subparagraph, CO and C02 shall not be regarded as organic compounds. (4) The term “heavy liquid plant” plants. Hydrocarbon materials upon means a facility or plant complex (in­ which an allocation under section 9 or (4) The Director shall divide the net cluding associated downstream product section 9A of this regulation is based will weight of hydrocarbon materials deter­ recovery units or equipment) which is not qualify as a basis for an allocation mined for each of the applicant’s heavy located in Districts I-IV or District V,- under this section 9B. Hydrocarbon mate­ liquid plants pursuant to subparagraphs which is not comprised within or a part rials upon which an allocation under this -(1) through (3) of this paragraph (e ), by of a person’s refinery capacity âs that section 9B is based will not qualify as a the weight of the total feedstock charged term is defined in section 22, to which at basis for an allocation under section 9 or to each such plant during the base period least one heavy liquid feedstock stream section 9A of this regulation. No hydro­ and multiply the quotient thus obtained was charged during the base period, and carbon materials upon which an alloca­ by the quantity (expressed in barrels per in which more than 30 percent by weight tion under this section 9B is based may day) of heavy liquid feedstocks charged of each of its feedstock streams during serve as a basis for another allocation to each such plant. The product result­ the base period were converted by chemi­ under this section 9B. ing from each such multiplication shall cal reaction (k) directly into petro­ (e) To be eligible under this paragraph be termed a “ plant quota.” The appli­ chemicals, or (ii) indirectly into petro­ (e) for an allocation of imports of crude cant shall receive an allocation of im­ chemicals by the chemical conversion of oil and unfinished oils into Districts I-IV ports of crude oil and unfinished oils in hydrocarbon intermediates or of heavy or into District V, a person must have a a quantity equal to the sum of the appli­ liquid feedstocks which were subse­ heavy liquid plant in the respective dis­ cant’s plant quotas as determined by the quently fed to a heavy liquid plant and tricts and have produced hydrocarbon Director.

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23160 PROPOSED RULE MAKING Aliphatic Derivatives— Continued (f) (1) W ith respect to a heavy liquidDistrict V shall permit the importation plant which is scheduled to come on of such crude oil and unfinished oils stream daring a particular allocation only into District V. (i) (2) (3) period, an applicant who has filed an ap­ (h ) An allocation made pursuant to Petrochemical Limitations Con­ plication within the time prescribed in this section shall entitle a person to a dition section 5 of this regulation shall be en­ license or licenses which will allow the titled to an allocation for that plant for importation of unfinished oils in an Acrylonitrile...______A Alkyl Benzenes (Example,------A tHn* allocation period. The allocation amount not exceeding, in the aggregate, Dodecylbenzene). shall be computed as provided in para­ 15 percent of the person’s allocation. Alkyl Phenols (Example, ------— A However, the Director shall permit a Nonyl Phenol). graph (e) of this section, except that Allyl Chloride...... - — — -— — ------A. estimated data on the operations of that person holding such an allocation to im­ Allyl Alcohol______plant by the applicant during the allo­ port unfinished oils in an amount up to Butadiene______A Butyl Alcohol______A cation period shall be substituted for 100 percent of each of such person’s Butylbenzene—______...... —- A data on actual operations during the base “plant quotas” upon certification by him Butyl Ether.------A Butylene Glycol------—— A period to the Director that such imported un­ Butylene Oxide------— A (2) With respect to a heavy liquid finished oils will not be exchanged, that such unfinished oils will be processed Butyl Rubber...... Only the content D plant which has come on stream during derived from the allocation period immediately pre­ entirely in the petitioner’s heavy liquid butylene. ceding a particular allocation period, an plants, that the person will not charge Butyraldéhyde...... —------— — A. Butyric Acid______A applicant who has filed an application to any of his plants a quantity of such Carbon Disulfide______— — A within the time prescribed in section 5 unfinished oils in excess of the plant Chloroform______...... A quota, and that more than 30 percent by Cumene______O of this regulation shall be entitled to an Cyclopentadiene. ______...----- — A allocation for that plant for the particu­ weight of the yields from such unfin­ Decanol______—— lar allocation period. The allocation shall ished oils will be converted directly or Dichloropropene______— ...... Diethyl Ketone______...... be computed as provided in paragraph indirectly into petrochemicals or petro­ Diisopropylbenzene------(e) of this section, except that actual and chemical plant inputs. The Director Dipropylene Glycol--- ;— — ------Dodecanol------estimated data on the operations of that may, in special circumstances, permit a Ethanol______...-V.------plant by the applicant during a period person holding such an allocation to im­ Ethyl Benzene______------— G port up to 100 percent of his allocation Ethylene Chlorohydrin------A of 12 months shall be substituted for Ethyl Chloride______— — — A data on actual operations during the in the form of unfinished oils and to Ethyl Bromide______——------A base period. The period of 12 months exchange such imports for like domestic Ethylene Dibromlde— -----— ----- A Ethylene Dichloride__—— — .— ------A shall run from the day on which the material to be run entirely in the peti­ Ethyleneimine. 1______—------A plant began operations. tioner’s heavy liquid plants in amounts Ethylene Oxide...... ----—----- A Ethylene/Propylene . Must be a poly- D (3) I f an allocation based in whole or equal to the “plant quotas” of such Rubber. mer, only the in part on estimated data on operations plants. content derived from ethylene is made under this section, allocations (i) A person who imports crude oil or and propylene. made to the applicant under this section unfinished oils under an allocation made Ethyl Ether___------A in succeeding allocation periods will be under this section may, except as pro­ 2-Ethylhexanol------A Ethyl Toluene...... ------G adjusted upward or downward to com­ vided in paragraph (h) of this section, Formaldehyde------G pensate for the difference between the exchange his imported crude oil either Hexanol-1______-— ----i-----—— ------A Hexadecanol-1------—------A allocation based in whole or in part on for domestic crude oil or for domestic Hydrogen Cyanide...-----— ------A estimates and the allocation which the unfinished oils or exchange his imported Isobutyraldéhyde------—------A applicant would have received if the al­ unfinished oils for domestic crude oil. Isobutyl Alcohol------— ------—----1—-— a Isooctyl Alcohol------a location had been based on actual data. All such exchanges shall be governed by Isoprene------....------— ... A (4) I f an allocation based in whole or the provisions of subparagraphs (2), Isopropyl Alcohol------...... ----- —------A Isopropyl Ether------A. in part on estimates exceeds by more (3), (4), (5), and (6) of paragraph (b) Methanol..------•------” than 5 percent the allocation which the of section 17 of this regulation. Methylacetylene------A Methyl Chloride...... A. applicant would have received if the al­ (j) No allocation made pursuant to Methylene Chloride------A- location had been based on actual data, this section may be sold, assigned or Methylcyclopentadiene.------A the reduction of the applicant’s alloca­ Methylethyl Ketone------A otherwise transferred. Neo Acids (Example,— ...... A tions in succeeding allocation' periods re­ (k) Each item listed in column 1 of Neopentanoic Acid). . quired by subparagraph (3) of this para­ Nitrothane...... -...... A the following schedule is a petrochem­ Nitromethane------—------A graph shall be doubled. ical if, and only if, it conforms to any Nitropropane------(5) The Director shall make an allo­ notation opposite the item in column 2 Octanol______v cation pursuant to this paragraph (f) Oxo Alcohols------—------A and to the condition specified opposite Propyl...... —-...... only if he is satisfied that the applicant’s Amyl------heavy liquid plant constitutes a bona the item in column 3. The conditions Hexyl______specified are as follows: Heptyl.------fide business venture. The Director shall Octyl------—...... not issue a license under an allocation A—Petrochemical must be recovered in a Nonyl..------state of 90 percent purity. Decyl______| made pursuant to this paragraph until Tridecyl—______;------the heavy liquid plant has been on stream B— Petrochemical must be recovered in a Hexadecyl______for not less than 60 days and until an state of 95 percent purity. Polydecyl------...... — , C—Petrochemical must be recovered in a Perchloroethylens...... -----...... ------" on-the-spot evaluation of the plant has Polybutylene, Polybutene.. Only the content u state of 98 percent purity (with respect to derived from been conducted by authorized represent­ formaldehyde the percent stated is exclu­ butylene. atives of the Office of Oil and Gas and a sive of water). Polyethylene...... Only the content D determination has been made that the D— Carbon atoms per average molecule must derived from ethylene. facility has the actual operational capac­ be greater than 30. Polyisobutylene.---- Only the content D ity which the applicant has certified in derived from Aliphatic Derivatives Isobutylene. his application. licenses issued under Polyisoprene______....._Only the content D allocations made pursuant to this para­ derived from ( ) (3) graph shall expire on the last day of the (1) 2 isoprene. Polybutadiene..— — — — Only the «intent D Petrochemical Limitations Con­ allocation period. dition derived from (g) licenses issued under allocations butadiene. Polypropylene ------Only the «intent D of imports of crude oil and unfinished derived from Acetaldehyde______—B propylene. oils into Districts I-IV shall permit the Acetic Acid______£ importation of such crude oil and unfin­ Propadlene— — ——— — — — — — — — — Propionic Acid------ished oils only into Districts I-IV . Li­ Acetonitrile______A- Propionaldéhyde— ---- ...... -----—------:— Acetylene------..------A- Propylene Chlorohydrin— ------...... ------a censes issued under allocations of im­ Acrolein....------A- ports of crude oil and unfinished oils into Acrylic Acid...... A Propylene Dicbloride...— — ------— — A

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 PROPOSED RULE MAKING 23161

Aliphatic Derivatives— Co ntinu ed the F ederal R egister and shall fix a time The provision proposed to be sus­ within which applications must be filed. pended is “yogurt” in § 1040.12. This (l) (2) (3) The provisions of subparagraph (2) of section defines a “fluid milk product” . paragraph (c) of this section shall be ap­ Petrochemical Limitations Con­ The suspension would result in yogurt dition plicable to such applications. The provi­ being classified during the January- sions of paragraph (e) of this section June 1972 period as a Class m product Propylene Oxide___ ^ ______A shall be applicable with respect to rather than as a Class I product. A simi­ 8ec-Butyl Alcohol______i— .i .r B eligibility for, and computation of, such lar suspension now in effect will expire Thermal Diene Resins..... Only the content D derived from Cs allocations, except that the base period on December 31, 1971. to Cm diolefins. shall be the period of 6 months ending Several handlers in the Southern Tert-Butyl Paracresol...... ______A March 31 of the calendar year in which Tetradecanol______A Michigan market have requested that the Trichloroethane______....______A the allocations are to be made. present suspension be continued for 6 Trichloroethylene___ ....___ A (3) In the event that allocations are Trimethylbenzene______;______C months beyond the December 31 expira­ Urea______....______;------A to be made for the last 6 months of a tion date. These parties allege that the V aleraldehyde.______A calendar year pursuant to subparagraph marketing conditions prompting the Vinyl Acetate______...... ______A Vinyl Chloride______...... ______A ( 1 ) of this paragraph, applicants who earlier suspension action have not file applications within the time fixed by changed materially. They maintain that the Director shall be entitled to an allo­ A romatic Derivatives unless the suspension is continued cation for the period of 6 months with Southern Michigan handlers will be un­ respect to a heavy liquid plant which is Benzaldehyde..______...... ___ A able to compete for yogurt sales with Benzyl Chloride_____;__ :______— A scheduled to go on stream within that handlers in neighboring markets who Benzyl Dichloride____ ...... ______A period or which came on stream before Benzene Hexachloride______...._____ A pay a minimum price for milk in such Benzene Sulfonic Acid______A July 1. An allocation shall be computed use that is substantially less than the Benzoic Acid______;______A as provided in paragraph (f) of this Southern Michigan Class I price. Benzotrlchloride______-___ A Benzoylbenzoic Acid______;______._____;. A section, except that the estimated data In requesting the proposed suspension Benzoyl Chloride______A on operations referred to in subpara­ the handlers urged that a hearing in the Butylbenzene..______C graph ( 1 ) of paragraph (f) of this sec­ ButylphenoL___ —___;____;______A Southern Michigan market to consider Chlorobenzene______A tion shall pertain to the last 6 months the appropriate classification to be ac­ Chloro toluene,.___....----- A of the calendar year and the actual and Cumene.______...__... .______G corded milk used to produce yogurt be Cyclohexane_____12 ...______C estimated data on operations referred to held after a final decision is issued on Dichlorobenzene._____ .i______A in subparagraph (2 ) of paragraph (f) Dimethyl terephthalate______A a uniform plan of milk classification for Diphenyl______A of this section shall pertain to a period seven Midwest markets and a recom­ Dodecylbenzene (and other______A of 6 months beginning on the date on mended decision is issued on a similar alkylated benzenes). which the plant commenced operations. Ethylbenzene______...... ______C plan for an additional 33 Midwest and Ethyl toluene______C Thé provisions of subparagraphs (3), Southern milk orders. A recommended Fumaric Acid___ ,______— —.. A (4), and (5) of paragraph (f) of this Isophthalic Acid______— A decision for the seven Midwest orders Maleic Anhydride______— A section shall be applicable to allocations was issued June 4, 1971. A hearing on Methyl Cyclohexane______C made under this subparagraph (3) of the 33 additional orders was completed Naphthalene....______i------:... A this paragraph (1 ). Nitrobenzene: November 18, 1971. These orders include Mono______....------[F— R A Doc.71-17820 Filed 12-2-71; 11:24 am] Di...... A several in which Michigan handlers are Tri______—...... A distributing yogurt. Nitroxylene...______.____ A Para Tert-Butyl toluene______A Signed at Washington, D.C., on De­ Para-Xylene Sulfonic Acid------A cember 1, 1971. Phthalic Anhydride______A DEPARTMENT OF AGRICULTURE Sodium Benzene Sulfonate..______A J o h n C. B l u m , Terephthalic Acid______A Consumer and Marketing Service Tetrachlorobenzene______A Deputy Administrator, Toluene Diisocyanate______A Regulatory Programs. Toluene Sulfonic Acid______:______— A I 7 CFR Part 1040 ] Toluene Sulfonyl Chloride------A [FR Doc.71-17786 Filed 12-3-71;8:49 am ] ToluicAcid______A MILK IN SOUTHERN MICHIGAN Vinyl Toluene______---- B MARKETING AREA [9 CFR Parts 301, 312, 327] (1) (1) No allocations of imports shall Notice of Proposed Suspension of a be made under this section 9B until a Provision of the Order MEAT INSPECTION REGULATIONS heavy liquid plant, the construction of Notice is hereby given that, pursuant which was begun after August 12, 1971, Proposal Regarding Import Inspection to the provisions of the Agricultural Establishments and which required for construction a Marketing Agreement Act of 1937, as fixed process capital investment of not amended (7 U.S.C. 601 et seq.), the sus­ Notice is hereby given in accordance less than $40 million, is on stream in Dis­ pension of a provision of the order regu­ with the administrative procedure provi­ tricts I-IV or in District V and has proc­ lating the handling of milk in the South­ sions in 5 U.S.C. 553 that pursuant to the essed at least 400,000 barrels of heavy liq­ ern Michigan marketing area is being Federal Meat Inspection Act, as amend­ uid feedstock. I f the events mentioned considered for the months of January ed by the Wholesome Meat Act (21 with respect to an initial heavy liquid through June 1972. U.S.C. 601 et seq.), the Consumer and plant occur before July 1 of a calendar All persons who desire to submit writ­ Marketing Service proposes to amend year, allocations shall be made under ten data, views, or arguments in con­ Parts 301, 312 and 327 of the Federal this section, both for Districts I-IV and nection with the proposed suspension meat inspection regulations (9 CFR for District V, for the period July 1 should file the same with the Hearing Parts 301, 312, and 327, 35 F.R. 15552, as through December 31 of that calendar Clerk, Room 112-A, Administration amended) as set forth below. year. I f the events mentioned with re­ Building, U.S. Department of Agricul­ Statement of considerations. The pro­ spect to an initial heavy liquid plant oc­ ture, Washington, D.C. 20250, not later posed amendments to the regulations cur after July 1 of a calendar year, allo­ than 7 days from the date of publication would require that import inspection of cations shall be made under this section of this notice in the Federal R egister. meat products under the act be per­ for the allocation period beginning on All documents filed should be in formed only in official establishments or the following January 1. quadruplicate. at other approved facilities which pro­ C2) In the event that allocations are All written submissions made pursuant vide adequate sanitation and facilities to be made for the last 6 months of a to this notice will be made available for for such inspections. calendar year pursuant to subparagraph public inspection at the office of the Over 1 y2 billion pounds of meat prod­ (1) of this paragraph, the Director shall Hearing Clerk during regular business ucts are imported into the United States so announce in a statement published fn hours (7 CFR 1.27(b)). annually. All these meat products are

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 No. 234- -5 23162 PROPOSED RULE MAKING subject to inspection by Department of was, or is to be, shipped, the place where Agriculture inspectors before being re­ inspection is desired in accordance with leased for distribution in domestic com­ § 327.6, the quantity and kind of product, merce. The products presented for in­ and whether it is fresh, cured, canned or spection come in various forms ranging otherwise prepared. In case of consign­ from carcasses to canned goods. Repre­ ments arriving in the United States by sentative samples of each lot of meat or water, the application shall also state the meat products must be made available port of first arrival in the United States. and ready for inspection. 4. In § 327.6, paragraphs (b) through The proposed amendments intend to (j) would be deleted, the section heading facilitate inspections and insure a sani­ would be amended, and new paragraphs tary environment in which inspections (b) through (h) would be issued to read, can be properly performed. Recent respectively: ^ studies have shown the need for im­ § 327.6 Products for importation; pro­ proving the facilities provided for such gram inspection, time and place ; ap­ inspections. plication for approval o f facilities as Import inspections would be carried official import inspection establish­ out only in plants with Federal meat in­ ment; refusal or withdrawal of ap­ spection grants, or in facilities designated proval; official numbers. as “official import inspection establish­ * * * * * ments”. by the Administrator. An appli­ For Application to the Outside Container cation would be a prerequisite before any (b) All products, required by this part facility could be so designated. (b) When import inspections' are per­ to be inspected, shall be inspected only at Certain classes of applicants would be formed in official establishments, the an official establishment or at an official required to submit drawings showing es­ official inspection legend, required by import inspection establishment ap­ sential sanitary features and equipment. Part 327 of this subchapter, to be applied proved by the Administrator as provided Those meeting the specified requirements to imported meat and meat food products in this section. Such approved official as a condition of their eligibility would shall be the appropriate form as specified import inspection establishments will be secure approval as official import inspec­ in § 312.2 of this Part. listed in the Directory of Meat and tion establishments. (c) When products are refused entry Poultry Inspection Program Establish­ Product passed for entry would be into the United States, the official mark, ments, Circuits and Officials, published marked with inspection legends showing required by Part 327 of this subchapter, by the Consumer and Marketing Service. the number assigned to the official estab­ to be applied to the products refused The listing will categorize the kind or lishment or to the official import inspec­ entry shall be in the following form: kinds of product2 which may be inspected tion establishment, as appropriate. at each official import inspection estab­ 1. In Part 301, a new paragraph would lishment, based on the adequacy of the be added to §301.2 to read as follows: facilities for making such inspections and handling such products in a sanitary § 301.2 Definitions. manner. * * * * * (c) Owners or operators of facilities, (iii) Official import inspection estab­ other than official establishments, who lishment. This term means any estab­ want to have import inspections made at lishment, other than an official their facilities, shall apply to the Admin­ establishment as defined in paragraph istrator for approval of their facilities (i) of this section, where inspections are for such purpose. Application shall be authorized to be conducted as prescribed made on a form furnished by the Pro­ in § 327.6 of this subchapter. gram, Consumer and Marketing Service, (d) Devices for applying such marks 2. Section 312.7 would be amended to will be furnished to Program inspectors U.S. Department of Agriculture, Wash­ ington, D.C., and shall include all infor­ read: by the Department. § 312.7 Official import inspection marks mation called for by that form. 3. Section 327.5 would be amended to and devices. (d) Each applicant seeking approval of read: his facilities for import inspections shall (a) When import inspections are per­ § 327.5 Importer to make application submit to the Administrator necessary formed in official import inspection es­ drawings with specifications to deter­ tablishments, the official inspection for inspection o f products for im­ portation ; information required. mine compliance with the requirements legend, required by Part 327 of this sub­ of this section. Approval shall be sought (a) Each importer shall apply for in­ chapter, to be applied to imported meat in accordance with § 304.2(a) of this and meat food products shall be in the spection of any product for importation subchapter. Submission of drawings is appropriate form and size1 as herein­ to the officer in charge, if one is sta­ not required if the applicant’s facilities after specified: tioned at the port where such product are operated under a State inspection is to be offered for entry. Otherwise, ap­ program in a State not listed in § 331.2 plication for inspection shall be made to of this sutachapter. the Administrator, Consumer and Mar­ (e) Owners or operators of establish­ ments at which import inspections of keting Service, U.S. Department of Agri­ product are to be made shall furnish culture, Washington, D.C. 20250. adequate sanitary facilities and equip­ (b) The application should be made as ment for examination of such product. long as possible in advance of the antic­ The requirements of §§ 304.2(e), 307.1, ipated arrival of each consignment, ex­ 307.2 (b), (d), (f), (h), (k ), and Cl) and cept in case of consignments of products 308.3, 308.4, 308.5, 308.6, 308.7, 308.8, expressly exempted from inspection by 308.9, 308.11, 308.13, 308.14, and 308.15 of §§ 327.16 and 327.17. this subchapter shall apply as conditions For Application to Carcasses, Primal Parts (c) Each application shall state the for approval of facilities as official im­ of a Carcass, and Cuts T herefrom approximate date on which the consign­ port. inspection establishments to the 1 The number 1-38 is given as an example ment is due to arrive at such port in the same extent and in the same manner as only. The establishment number of the offi­ United States, the name of the ship or cial import inspection establishment where the product is inspected shall be used in other carrier transporting it, the name •For example: Canned product, boneless lieu thereof. of the country from which the product meat, or carcasses and cuts.

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 PROPOSED RULE MAKING 23163

they apply with respect to official generally in the proper administration of establishments. DEPARTMENT OF THE TREASURY the Federal Power Act. (f ) The Administrator is authorized to Preparatory to issuance of the pro­ approve any facility as an official import Internal Revenue Service posed FPC Form No. 423 for comment, inspection establishment provided that [ 26 CFR Part 1 ] OMB after public notice held a meeting an application has been filed and draw­ attended by representatives of OEP, EPA, ings have been submitted in accordance INCOME TAX and other interested persons respecting with the requirements of paragraphs (c) Imposition of Tax on Nonresident the need for and usefulness of the infor­ and (d) of this section and he determines mation which would be collected on the that such facility meets the requirements Alien Individuals, Return Require­ proposed form. under paragraph (e) of this section. If ments, and Declarations of Esti­ Any interested person may submit to he determines that the facility does not mated Income Tax the Federal Power Commission, Wash­ meet such requirements, he is authorized, ington, D.C. 20426, not later than Decem­ Correction in accordance with applicable rules of ber 27, 1971, data, views, comments or practice, to refuse approval of the facility In F.R. Doc. 71-14520 appearing at suggestions in writing concerning all or as an official import inspection estab­ page 19371 in the issue of Tuesday, Octo­ part of the amendment proposed herein. lishment. A written notice, specifying the ber 5, 1971, the following changes should Written submittals will be placed in the premises to which the approval applies, be made: Commission’s public files and will be shall be given to each applicant granted 1. In the 17th line of § 1.871-8 (d), the available for public inspection at the approval. When approval is refused for citation reading “section 371 (a )" should Commission’s Office of Public Informa­ any such reason, the applicant shall be read “section 871(a)” . tion, Washington, D.C. 20426, during informed of the action and the reason 2. Under example (3) of § 1.871-13 (e), regular business horns. The Commission therefor. Approval may also be refused the space in the computation tables un­ will consider all such written submittals in accordance with § 401 of the act and der deductions for personal exemptions before acting on the matters herein pro­ applicable rules of practice. following the entry for wife and three posed. An original and 14 conformed (g) The Administrator may withdraw children should reflect a deduction of copies should be filed with the Secretary approval from an official import inspec­ “$1,750”, so that the total of the tax­ of the Commission. In addition, inter­ tion establishment in accordance with payer’s deduction of “ $650” and the de­ ested persons wishing to have their com­ applicable rules of practice if he deter­ duction for a wife and three children ments considered in the clearance of the mines that the sanitary conditions are would total the “ $2,400” allowable proposed FPC Form No. 423 pursuant to such that the product is rendered adul­ deduction. 44 U.S.C. 3501-3511 may, at the same terated, that such action is authorized time, submit a conformed copy of their by section 21(b) of the Federal Water comments directly to the Clearance Pollution Control Act, as amended (84 Officer, Office of Statistical Policy, Office Stat. 91), or that the requirements of FEDERAL POWER COMMISSION of Management and Budget, Washing­ paragraph (e) of this section were not ton, D.C. 20503. Submittals to the Com­ complied with. E 18 CFR Part 141 1 mission should indicate the name, title, mailing address, and telephone number (h) A special official number shall be [Docket No. R-432] assigned to each official import inspec­ of the person to whom communications tion establishment. Such number shall MONTHLY REPORT OF COST AND concerning the proposal should be ad­ be used to identify all products QUALITY OF FUELS FOR STEAM- dressed, and whether the person filing Inspected and passed for entry at the ELECTRIC PLANT them requests a conference with the staff establishment. of the Federal Power Commission to dis­ Notice of Proposed Rule Making cuss the proposed amendment. The staff, 5. In § 327.7, paragraph (g) would be in its discretion, may grant or deny amended to read: N ovember 26, 1971. requests for conference. § 327.7 Products for importation ; Notice is hereby given that, pursuant The proposed amendment to Part movement prior to inspection; seal­ to 5 U.S.C. 553 and sections 202, 301, 141—Statements and Reports (Sched­ ing; handling; bond; facilities and 304(a), 309, and 311 of the Federal Power ules) , prescribing new FPC Form No. 423 assistance. Act (49 Stat. 848, 849, 854, 755, 856, 858, would be issued under authority granted ***** 859; 67 Stat 461; 16 U.S.C. 824a 825, 825c the Federal Power Commission by the (g) The consignee or his agent shall (a ), 825h, 825j) the Commission pro­ Federal Power Act as amended, partic­ provide such assistance as Program in­ posed to amend Part 141—Statements ularly sections 202, 301, 304(a), 309, and spectors may require for the handling and Reports (Schedules) in Subchapter 311 (49 Stat. 848, 849, 854, 855, 856, 858, and marking of product offered for entry. D—Approved Forms, Federal Power Act, 859; 67 Stat. 461; 16 U.S.C. 824a, 825, Chapter I, Title 18 of the Code of Federal 824c(a), 825h, 825j). * * * * * Regulations, by adding a new § 141.61 Accordingly, it is proposed to amend Any interested persons who desire to prescribing collection of monthly fuel Part 141—Statements and Reports present any views, arguments, or data costs and quality determinants of fuel (Schedules) in Subchapter D—Approved concerning the proposed amendments of received at steam generating plants of Forms, Federal Power Act, Chapter I, the regulations set forth above may do electric utilities through proposed FPC Title 18 of the Code of Federal Regula­ so by filing their comments in writing, in Form No. 423. tions by adding a new § 141.61 prescrib­ duplicate, with the Office of the Hearing The reasons for promulgation of the ing new FTC Form No. 423, Monthly Re­ Clerk, U.S. Department of Agriculture, proposed Form No. 423 are: (a) To pro­ port of Cost and Quality of Fuel for Washington, D.C. 20250, within 60 days vide monthly information on the avail­ Steam-Electric Plant, in the form set out after publication hereof in the F ederal ability and cost of fossil fuels to electric in Attachment A hereto.1 New § 141.61 R egister. All such written submissions utility companies for use in current will read: will be made available for public inspec­ analyses of the energy and fuel supply tion at said office during regular office situation and the effects oh the cost of § 141.61 Form No. 423, Monthly Report hours in a manner convenient to the electric power; (b) to provide timely data o f Cost and Quality o f Fuel for public business (7 CFR 1.27(b)). Com­ on a comparable basis for each type of Steam-Electric Plant. ments on the proposal should bear a fuel by quality determinants, thus facil­ Form No. 423 is designed to obtain reference to the date and page number itating the evaluation of developments in monthly data on the cost and quality of this issue of the F ederal R egister. fuel supply which may affect the reli­ of fuels received at steam-electric gen­ Done at Washington, D.C. on Novem­ ability of electric service, emergency erating plants. A separate form is to be ber 30,1971. preparedness, and the environmental completed by each electric power pro­ R ichard E. Lyn g , ducer for each of its steam-electric gen­ improvement programs for the different erating plants with a capacity of 25 Assistant Secretary. air quality control regions in the United [FR Doc.71-17674 Filed 12-3-71;8:45 am] States; and (c) to assist the Commission 1 Filed as part of the original.

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23164 PROPOSED RULE MAKING

megawatts or greater during the report­ Forms 423 may be composited and made ing month. The completed form is due available to the public and other agen­ the 3 5 th day after the close of the refer­ cies of Government in a manner that will ence month. Forms No. 423 submitted not compromise the confidentiality of by public utilities and any other infor­ the individual Form No. 423 or all Forms mation obtained by staff audit of said No. 423 filed by a public utility. forms shall be confidential information The Secretary shall cause prompt pub­ not available to the public or any other lication of this notice to be made in the agency of Government except insofar F ederal R eg ist e r . as may be directed by the Commission or by a court. The provisions of section By direction of the Commission. 301(b) of the Federal Power Act (16 K e n n e t h F. P l u m b , U.S.C. 825) and section 3 of the Free­ Secretary. dom of Information Act (5 U.S.C. 552(b) (4) ) shall control. The data received on [FR Doc.71-17772 Filed 12-3-71;8:49 am]

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23165 N otices

Bureau of Accounts, Audit Staff, Wash­ the Bureau published a notice in the F ed­ DEPARTMENT OF THE TREASURY ington, D.C. 20226. eral R egister (36 F.R. 20038) extending Bureau of Customs Dated: November 30, 1971. the time within which to submit the appropriate quota applications to Octo­ [T.D. 71-286] [ seal] John K. Carlock, ber 29,1971. EXCESS COST OF PRECLEARANCE Fiscal Assistant Secretary. In determining amphetamine and OPERATIONS [FR Doc.71-17738 Filed 12-3-71;8:47 am] methamphetamine aggregate production quotas for 1972, which are adequate to Reimbursable Services provide for the (1) Estimated medical, scientific, re­ N ovember 26, 1971. search and industrial needs of the Notice is hereby given that pursuant DEPARTMENT OF JUSTICE United States; to § 24.18(d), Customs regulations (19 Bureau of Narcotics and Dangerous (2) Lawful export requirements; and CFR 24.18(d)), the biweekly reimburs­ Drugs (3) Establishment and maintenance of able excess costs for each preclearance reserve stocks, the Bureau has considered installation are determined to be as set AMPHETAMINES AND the following as required by section 306 forth below and will be effective with the METHAMPHETAMINE of the CSA (21 U.S.C. 826) and § 303.11 pay period beginning November 14,1971. of Title 21 of the Code of Federal Regu­ Biweekly Notice of Proposed Aggregate lations: Installation excess cost Production Quotas (1) Total net disposal by manufac­ Montreal, Canada______$3,856 On April 24,1971, § 303.42 of the regu­ turers during the current and preceding Toronto, Canada______5,328 lations implementing the Comprehensive 2 years and trends in the national rate Klndley Field, Bermuda______2, 336 of net disposal, which indicate a substan­ Nassau, Bahama Islands______3,678 Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 801 et seq.) was pub­ tial decrease over the past 3-year period Vancouver, Canada______1,462 and a significant downward trend; Winnipeg, Canada______764 lished in the F ederal R egister (36 FJt. 7789). This section required that all per­ (2) Total actual (or estimated) inven­ [ s e a l ] M y l e s J. A m b r o s e , sons requesting a. 1972 procurement tory of amphetamine and methampheta­ Commissioner of Customs. quota, according to § 308.12 of the regu­ mine and of all substances manufactured [FR Doc.71-17739 Filed 12-3-71;8:50 am ] lations, or a 1972 individual manufactur­ from them and trends in inventory accu­ ing quota, according to § 303.22 of the mulation, which also indicate a substan­ regulations, for basic classes of controlled tial decrease in inventory accumulation Fiscal Service substances listed in §§ 308.11 (schedule over the past 3-year period and a signifi­ cant downward trend; [Dept. Circ. 570, 1971 Rev., Supp. No. 6] I) and 308.12 (schedule II ) of the regula­ tions, file an appropriate application with (3) Projected demand as indicated by LEATHERBY INSURANCE COMPANY the Bureau by September 1 , 1971. procurement quotas requested pursuant to § 303.12 of Title 21 of the Code of On July 7,1971, a final order was pub­ Surety Company Acceptable on Federal Regulations; and lished in the F ederal R egister (36 F.R. (4) Other relevant factors affecting Federal Bonds 12734) transferring all amphetamines the medical, scientific, research and in­ A Certificate of Authority as an ac­ and methamphetamine into schedule I I dustrial needs in the United States and ceptable surety on Federal bonds has of the Act. Thus, all persons manufactur­ lawful export requirements, including: been issued by the Secretary of the ing or procuring, for compounding and Treasury to the following company formulating, amphetamines and meth­ (a) Changes in currently accepted medical use in treatment with ampheta­ under sections 6 to 13 of Title 6 of the amphetamine prior to the rescheduling, United States Code. An underwriting who desired to continue to do so in 1972, mines and methamphetamine or sub­ were required to submit their quota re­ stances which are manufactured from limitation of $410,000.00 has been estab­ them, as follows: lished for the company. quests to the Bureau by September 1, 1971. (i) Voluntary restrictions upon pre­ Name of company, location of principal ex­ scribing, administering, and dispensing ecutive office, and State in which incor­ On August 12, 1971, the Distribution of amphetamines and methamphetamine, porated: Audit Branch of the Bureau mailed to except for highly limited and selective in­ Leatherby Insurance Company all manufacturers of schedule I and n dications such as narcolepsy and hyper­ controlled substances, including those Fullerton, California kinesis, adopted by an ever increasing manufacturing or procuring, for com­ number of medical and pharmacy asso­ New York pounding or formulating, amphetamines ciations and societies throughout the and methamphetamine, a letter of ex­ Certificates of Authority expire on United States; planation of the quota procedure. Also (ii) The American Medical Associa­ June 30 each year, unless sooner re­ enclosed were the appropriate Bureau voked, and new Certificates are issued tion’s support for stronger controls over forms (BND-250 or BND-189) and a amphetamine and methamphetamine as on July 1 so long as the companies re­ comprehensive list of all the controlled main qualified (31 CFR Part 223). A indicated by its House of Delegates’ adop­ substances included within schedules I tion of a resolution supporting the Bu­ list of qualified companies is published and II. The date for submission to the reau’s transfer^ of these substances to annually as of July 1 in Department Bureau of the quota applications was ex­ Schedule n resulting in increased re­ Circular 570, with details as to under­ tended until September 10, 1971. strictions, including production quotas, writing limitations, areas in which li­ In view of the failure of a majority of and urging all physicians to limit their those who in 1971 manufactured or pro­ censed to transact fidelity and surety use of these substances to specific well- cured, for compounding or formulating, recognized medical indications; and business and other information. Copies amphetamines and methamphetamine to of the Circular, when issued, may be ob­ (iii) The Food and Drug Administra­ file the necessary applications to obtain tion’s order published in the F ederal tained from the Treasury Department, their 1972 quotas, on October 15, 1971, R egister of August 8 , 1970 by which it

FEDERAL REGISTER, V O L 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23166 NOTICES severely curtailed the prescribing, ad­ connection with the Colorado River Front SIXTH PRINCIPAL MERIDIAN ministering or dispensing of ampheta­ Work and Levee System. T. 15 S., R. 83 W., mine and methamphetamine for exog­ For a period of 30 days from the date Sec. 1, lots 3 and 4, Sy2 N W % , and S W % ; enous obesity; of publication of this notice, all persons Sec. 2, lots 1 to 4, inclusive, S ^ N 1/^ and (b) Economic and physical availability who wish to submit comments, sugges­ sy2; of raw materials for use in manufactur­ Sec. 3, Sy2; tions, or objections in connection with Sec. 4, SEy2; ing and for inventory purposes; the proposed withdrawal may present Sec. 8 , lots 1 to 5, inclusive; (c) Yield and stability problems; their views in writing to the undersigned Sec. 9, lots 1 to 7, inclusive, , SE14 (d) Potential disruptions to produc­ officer of the Bureau of Land Manage­ NE 14 , SE%SW%, NEi/iSE1^, and Sy2 tion; and ment, Department of the Interior, 1414 S E ^ ; (e) Unforseen emergencies. University Avenue, Post Office Box 723, Sec. 10; The final factor considered by the Bu­ Riverside, CA 92502. Sec. ll,N y 2; reau was the estimate by Health, Educa­ Sec. 17, lots 1 and 2. The Department’s regulations, 43 CFR T. 15 S., R. 84 W., tion, and Welfare of legitimate needs in 2351.4(c), provide that the authorized Sec. 13, Sy2 SW % , SE%; the United States for 1972. HEW recom­ officer of the Bureau of Land Manage­ Sec. 22, SE^SWi/4, E^SE^, and SW 14 mended that 1972 legitimate needs in the ment will undertake such investigations < SE14 ;. United States could be met by a 40 per­ as are necessary to determine the exist­ Sec. 23, N E ^ N E ^ , S ^ N E ^ , and Sy2; cent reduction in the 1971 consumption ing and potential demand for the lands Sec. 24, NW'/4; level of amphetamines and methamphet­ and their resources. He will also under­ Sec. 27, Ni/2 NEy4, N E % N W % , Sy2 NWy4, amine in the United States. and SWy4; take negotiations with the applicant Sec. 28, SW%NE^4 and SE]4; Based upon consideration of the above agency with the view of adjusting the Sec. 29,Ei/2SW % ; f actors, the Director, Bureau of Narcotics application to reduce the area to the Sec. 31,Ey2SEi4; and Dangerous Drugs, under the author­ minimum essential to meet the appli­ Sec. 32, Ny2 and SWy4; ity vested in the Attorney General by sec­ cant’s need, to provide for the maximum Sec. 33, Ny2 NEi4 and N E ^ N W ^ . tion 306 of the Comprehensive Drug concurrent utilization of the lands for Area— 5,932.96 acres. Abuse Prevention and Control Act of purposes other than the applicant’s and Power Site Classification 441 of January 23, 1970 (21 U.S.C. 826) and redelegated to to reach agreement on the concurrent 1958: SIXTH PRINCIPAL MERIDIAN the Director, Bureau of Narcotics and management of the lands and their Dangerous Drugs by § 0.100 of Title 28 of resources. T. 15 S., R. 84 W., the Code of Federal Regulations, pro­ Sec. 21, E% NE% , Ey2 SWi4, and NE^SE^; The authorized officer will also prepare Sec. 22, NW%NWi4, NE%SWy4, and NW >/4 poses that the aggregate production a report for consideration by the Secre­ quotas for 1972 for amphetamines and SE tary of the Interior who will determine Sec. 26, N W V4 NW %; methamphetamine, expressed in kilo­ whether or not the lands will be with­ Sec. 27, SWV4NE1/4 and SE%; grams as the anhydrous alkaloid, be es­ drawn as requested by the applicant Sec. 29, W y2 NEi4, NW]4, and NW%SWy4; tablished as follows: agency. Sec. 30, Ey2 NE% and NW%NE%; The determination of the Secretary on Sec. 31, S W ^ S E % ; Basic class Produced Requested Granted Sec.32,Ny2SEi/4; —1971 the application will be published in the Sec. 33, NW i4SW ]4; F ederal R eg ist e r . A separate notice will Sec. 34, N E 14 , Ny2NW yt, and N E ^ S E ^ ; Amphetamine_____. 9,356 19,956 5,870 be sent to each interested party of record. Sec. 35, S W 14 NW 14 and NW^SW%. Methamphetamine.. 4,926 8,941 2,782 If circumstances warrant, a public Area— 1,480.00 acres. hearing will be held at a convenient time The total area described aggregates All interested persons are invited to and place which will be announced. about 7,413 acres. submit their comments and objections in The lands involved in the application writing regarding this proposal. Com­ are: Dated: November 26,1971. ments and objections should be sub­ San Bernardino Meridian, California W . A. R a d l in s k i, mitted in quintuplicate to the Office of Acting Director. Chief Counsel, Bureau of Narcotics and T. 8 N., R. 23 E„ Dangerous Drugs, Department of Jus­ Sec. 10, lot 6 . [FR Doc.71-17720 Filed 12-3-71;8:46 am] tice, Room 611, 1405 Eye Street NW., Containing 17.55 acres in San Ber­ Washington, DC 20537, and must be re­ nardino County, Calif. [Power Site Classification 462] ceived by January 3, 1972. W alter F. H o l m e s , NORTH FORK PAYETTE RIVER, IDAHO Dated: December 2, 1971. Assistant Land Office Manager. Notice of Power Site Classification J o h n F in l a t o r , [FR Doc.71-17719 Filed 12-3-71;8:46 am] Acting Director, Bureau of Pursuant to authority under the Act Narcotics and Dangerous Drugs. of March 3, 1879 (20 Stat. 394; 43 U.S.C. Geological Survey 31), and 220 Departmental Manual 6.1, [FR Doc.71-17854 Filed 12-3-71;8:52 am] [Power Site Cancellation'273] the following described land is hereby classified as power sites insofar as title GUNNISON RIVER, COLO. thereto remains in the United States and DEPARTMENT OF THE INTERIOR Notice of Power Site Cancellation subject to valid existing rights; and this classification shall have full force and Bureau of Land Management Pursuant to authority under the Act effect under the provisions of sec. 24 of CALIFORNIA of March 3, 1879 (20 Stat. 394; 43 U.S.C. the Act of June 1 0 , 1920, as amended by 31), and 220 Departmental Manual 6.1, sec. 211 of the Act of August 26, 1935 (16 Notice of Proposed Withdrawal and Power Site Classifications 102 and 441 U.S.C. 818): Reservations of Lands are hereby canceled to the extent that Boise Meridian they affect the following described land: N o vem ber 29,1971. T. 11 N., R. 3 E., Power Site Classification 102 of May 14, All unsurveyed islands of the North Fork The Bureau of Reclamation, U.S. De­ 1925: Payette River located in secs. 10, 14, 15, partment of the Interior has filed an New Mexico Principal Meridian 22, and 23. application, Serial No. R 4558, for the withdrawal of lands described below from T. 51 N., R. 1 E„ The area described aggregates about all forms of appropriation under the pub­ Sec. 11, lots 1 and 2; 6 acres. lic land laws, including the mining laws, Sec. 13, S W 14 NW 14 and N W % SW % ; Sec. 14, SE14 SE 14 ; Dated: November 24,1971. but not the mineral leasing laws, subject Sec. 23, SE14 NW 14 , Ni/2 SW%, and SW% to valid existing rights. The applicant W. A. R a d l in s k i, SW%; Acting Director. desires the land for control of the Colo­ Sec. 27, N E 14 NE 14 ; rado River and for recreational uses in Sec. 28.NE&NE14. [FR Doc.71-17721 Filed 12-3-71;8:46 am]

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 NOTICES 23167

[Power Site Cancellation 250] postmarked not later than January 7, [Docket No. Sub-B-69] SIUSLAW RIVER, OREG. 1972. Interested persons will be given the opportunity at the hearing to appear and NEW ATLANTIC INC. Notice of Power Site Cancellation submit orally data, views and arguments Notice of Supplemental Hearing in regard to the establishment of pro­ Pursuant to authority under the Act portionate shares. D ece m b e r 2,1971. of March 3, 1879 (20 Stat. 394; 43 U.S.C. Restrictions on the marketing of On September 25, 1970, the Presiding 31), and 220 Departmental Manual 6.1, sugarcane in Puerto Rico have not been Officer approved the application of North Power Site Classification 41 of June 7, in effect since the 1955-56 crop. The area Atlantic Marine Enterprises, Inc., for a 1922, is hereby canceled to the extent has not marketed all of its mainland construction differential subsidy in con­ that it affects the following described basis sugar quota in recent years. Pros­ nection with the construction of a 92- land; pects for the 1971-72 crop indicate that foot length overall steel stem trawler to W illamette M eridian production will again fall short of the engage in the fishery for groundfish (cod, T. 20 S., R. 6 W., area’s mainland basic quota. cusk, haddock, hake, ocean perch, and Sec. 3, lots 14 and 16. pollock), flounders, industrial fish, her­ T. 17 S., R. 9 W., All written submissions made pursuant Sec. 34, SE% SW % . to this notice will be made avàilable for ring, scallops, swordfish, tuna, shrimp, T. 17 S., R. 10 W., public inspection at such times and crabs, scup, and lobsters. On or about Sec. 22, S W & N E & . places in a manner convenient to the August 23, 1971, North Atlantic Marine public business (7 CFR 1.27(b)). Enterprises, Inc., was merged into New The area described aggregates about Atlantic, Inc., a Delaware corporation. 172 acres. ' . Signed at Washington, D.C., on No­ As a result of said merger a supplemental Dated: November 24, 1971. vember 30, 1971. hearing is required with respect to cer­ C arro ll G . B r u n t h a v e r , tain determinations. W. A. R a d l in s k i, Acting Director. Acting Administrator, Agricul­ Notice is hereby given pursuant to the tural Stabilization and Con­ provisions of the U.S. Fishing Fleet Im ­ [P R Doc.71-17722 Piled 12-3-71;8:46 am] servation Service. provement Act (Public Law 88-498) and [P R Doc.71-17736 Filed 12-3-71;8:46 am ] notice and hearing on subsidies (50 CFR Part 257) that a hearing in the above- entitled proceedings will be held on DEPARTMENT OF AGRICULTURE January 5,1972, at 10 a.m., e.s.t., in Room Agricultural Stabilization and 730,1325 G Street NW „ Washington, DC, Conservation Service DEPARTMENT DF COMMERCE to determine whether (a) New Atlantic, Inc., is a citizen of the United States PUERTO RICO National Oceanic and Atmospheric within the meaning of the aforesaid Act Notice of Hearing on Proportionate Administration and related regulations and (b) it pos­ [Docket No. B—526] sesses the ability, experience, resources Shares for 1972—73 Crop and other qualifications necessary to en­ Notice is hereby given that the Secre­ WARREN C. APEL, JR. able it to construct, operate, and main­ tary of Agriculture acting pursuant to tain its proposed fishing vessel. Any per­ the Sugar Act of 1948, as amended, is Notice of Loan Application son desiring to intervene must file a peti­ preparing to conduct a public hearing D ecem ber 2,1971. tion of intervention with the Director, to receive views and recommendations Warren C. Ap>el, Jr., 161 Ocean Avenue, National Marine Fisheries Service, as from all interested persons on the pos­ East Keansburg, NJ 07734, has applied prescribed in 50 CFR Part 257, at least sible need for establishing proportionate for a loan from the Fisheries Loan Fund 1 0 days prior to the date set for the hear­ shares for the 1972-73 sugarcane crop to aid in financing the purchase of a new ing. If such petition of intervention is in Puerto Rico. steel vessel, about 42-foot in length, to granted, the place of the hearing may be In accordance with the provisions of engage in the fishery for lobsters, whit­ changed to a field location. Telegraphic notice will be given to the parties in the paragraph ( 1 ), subsection (b) of section ing, hake, and cod. 302 of the Sugar Act of 1948, as amended, event of such a change, along with the Notice is hereby given, pursuant to the new location. the Secretary must determine for each provisions of 16 U.S.C. 742c, Fisheries crop year whether the production of Loan Fund Procedures (50 CFR Part 250, R o bert W. S c h o n in g , sugar from any crop of sugarcane in as revised), and Reorganization Plan No. Acting Director. Puerto Rico will, in the absence of pro­ 4 of 1970, that the above entitled appli­ [P R Doc.71-17837 Piled 12-3-71;8:51 am] portionate shares, be greater than the cation is being considered by the Na­ quantity needed to enable the area to tional Marine Fisheries Service, National meet its quota and provide a normal Oceanic and Atmospheric Administra­ [Docket No. Sub-B-70] carryover inventory, as estimated by the tion, Department of Commerce, Interior NEW ATLANTIC, INC. Secretary for such area for the calendar Building, Washington, D.C. 20235. Any year during which the larger part of the person desiring to submit evidence that Notice of Supplemental Hearing sugar from such crop normally would the contemplated operation of such ves­ D e cem ber 2, 1971. be marketed. Such determination may sel will cause economic hardship or in­ be made only after due notice and op­ jury to efficient vessel operators already On September 25, 1970, the Presiding portunity for an informal public hearing. operating in that fishery must submit Officer approved the application of North The hearing on this matter will be such evidence in writing to the Director, Atlantic Marine Enterprises, Inc., for a conducted in Room 4711, South Building, National Marine Fisheries Service, within construction differential subsidy in con­ U.S. Department of Agriculture, Wash­ 30 days from the date of publication of nection with the construction of a 92-foot ington, D.C., beginning at 10:00 a.m. on this notice. I f such evidence is received length overall steel stem trawler to en­ December 2 2 , 1971. it will be evaluated along with such other gage in the fishery for groundfish (cod, cusk, haddock, hake, ocean perch, and Views and recommendations are de­ evidence as may be available before sired on all phases of the proportionate making a determination that the con­ pollock), flounders, industrial fish, her­ ring, scallops, swordfish, tuna, shrimp, share program. They may be submitted templated operation of the vessel will or in writing, in triplicate, at the hearing, will not cause such economic hardship or crabs, scup, and lobsters. On or about or may be mailed to the Director, Sugar injury. August 23, 1971, North Atlantic Marine Division, Agricultural Stabilization and R obert W. S c h o n in g , Enterprises, Inc., was merged into New Conservation Service, U.S. Department Acting Director. Atlantic, Inc., a Delaware corporation. of Agriculture, Washington, D.C. 20250, [P R Doc.71-17840 Piled 12-3-71;8:52 am] As a result of said merger a supplemental

FEDERAL REGISTER, V O L 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23168 NOTICES hearing is required with respect to cer­ son desiring to intervene must file a tain determinations. petition of intervention with the Director, DEPARTMENT OF Notice is hereby given pursuant to the National Marine Fisheries Service, as provisions of the U.S. Pishing Fleet Im ­ prescribed in 50 CFR Part 257, at least 10 TRANSPORTATION days prior to the date set for the hearing. provement Act (Public Law 88-498) and Federal Railroad Administration notice and hearing on subsidies (50 CFR If such petition of intervention is Part 257) that a hearing in the above- granted, the place of thé hearing may be [FRA-Petition No. 17] changed to a field location. Telegraphic entitled proceedings will be held on Jan­ ALGERS, WINSLOW & WESTERN uary 5, 1972, at 10 a.m., e.s.t., in Room notice will be given to the parties in the 730, 1325 G Street NW., Washington, DC, event of such a change, along with the RAILWAY CO. to determine whether (a) New Atlantic, new location. Petition for Exemption From 14- Inc., is a citizen of the United States R o bert W . S c h o n in g , Hours-of-Service Limitation within the meaning of the aforesaid Act Acting Director. and related regulations and (b) it pos­ By petition filed November 22, 1971, sesses the ability, experience, resources [PR Doc.71-17839 Filed 12-3-71;8:52 am] the Algers, Winslow & Western Railway and other qualifications necessary to en­ Co. asks that its exemption from the able it to construct, operate, and main­ 14-hours-of-service limitation in Public tain its proposed fishing vessel. Any per­ Law 91-169 be renewed for an additional son desiring to intervene must file a DEPARTMENT OF HEALTH, 1 -year period. petition of intervention with the Director, The purpose of this notice is to inform National Marine Fisheries Service, as EDUCATION, AND WELFARE the general public of the pendency of the prescribed in 50 CFR Part 257, at least 10 Food and Drug Administration petition and to invite comments or Views. days prior to the date set for the hearing. Such comments or views should be filed If such petition of intervention is ARGUS CHEMICAL CORP. with the Docket- Clerk, Office of Hear­ granted, the place of the hearing may be Notice of Filing of Petition for Food ings and Proceedings, Federal Railroad changed to a field location. Telegraphic Administration, RA-30, 400 Seventh notice will be given to the parties in the Additive Street SW., Washington, DC 20590, on event of such a change, along with the Pursuant to provisions of the Federal or before December 21,1971. new location. Food, Drug, and Cosmetic Act (sec. 409 Issued this 30th day of November 1971 R obert W. S c h o n in g , (b )(5 ), 72 Stat. 1786; 21 U.S.C. 348(b) in Washington, D.C. Acting Director. (5) ), notice is given that a petition (FAP 2B2747) has been filed by Argus Chemical R obert R . B o y d , [P R Doc.71—17838 Piled 12-3-71; 8:51 am] Corp., 633 Court Street, Brooklyn, N.Y. Director, Office of Hearings and 11231, proposing that § 121.2566 Anti­ Proceedings and Hearing Ex­ [Docket No. Sub-B-71] oxidants and/or stabilizers for polymers aminer. - (21 CFR 121.2566) be amended to pro­ [FR Doc.71-17785 Filed 12-3-71;8:49 am] NEW ATLANTIC, INC. vide for the safe use of 4,4'-isopropyli- Notice of Supplemental Hearing denediphenol alkyl (C12-C15) phosphite as a stabilizer in the manufacture of rigid D e cem ber 2, 1971. vinyl chloride plastics intended for food- ATOMIC ENERGY COMMISSION On September 25, 1970, the Presiding contact use. [Dockets Nos. 50-348, 50-364] Officer approved the application of North Dated: November 24,1971. Atlantic Marine Enterprises, Inc., for a ALABAMA POWER CO. construction differential subsidy in con­ V ir g il O . W o d ic k a , nection with the construction of a 92-foot Director, Bureau of Foods. Supplementary Notice of Hearing on length overall steel stem trawler to en­ [FR Doc.71-17778 Filed 12-3-71;8:51 am] Application for Construction Permits gage in the fishery for groundfish (cod, On July 23, 1971, a notice of hearing cusk, haddock, hake, ocean perch, and WELLS LABORATORIES, INC. on application for construction permits pollock), flounders, industrial fish, her­ was published by the Atomic Energy ring, scallops, swordfish, tuna, shrimp, Notice of Filing of Petition for Food Commission (the Commission) in the crabs, scup, and lobsters. On or about Additive F ederal R eg ister (36 F.R. 13699) in the August 23, 1971, North Atlantic Marine captioned proceeding. That notice des­ Enterprises, Inc., was merged into New Pursuant to provisions of the Federal ignated an Atomic Safety and Licensing Atlantic, Inc., a Delaware corporation. Food, Drug, and Cosmetic Act (sec. 409 Board (Board) to conduct the hearing, As a result of said merger a supplemental (b )(5 ), 72 Stat. 1786; 21 U.S.C. 348(b) specified the issues to be determined by hearing is required with respect to cer­ (5), notice is given that a petition (FAP the Board, provided an opportunity to tain determinations. 2B2749) ,has been filed by Wells Labo­ intervene with respect to the issues speci­ Notice is hereby given pursuant to the ratories, Inc., 25 Lewis Avenue, Jersey fied in such notice to persons whose in­ provisions of the U.S. Fishing Fleet Im ­ City, N.J. 07306 proposing that § 121.2526 terests may be affected by the proceed­ provement Act (Public Law 88-498) and Components of paper and paperboard in ing and provided an opportunity to make notice and hearing on subsidies (50 CFR contact with aqueous and fatty foods ( 2 1 Part 257) that a hearing in the above- CFR 121.2526) be amended to provide for a limited appearance to other persons entitled proceedings will be held on Jan­ the safe use of dimethyl glutarate, in the who wished to make a statement in the uary 5, 1972, at 10 a.m., e.s.t., in Room preparation of polyamide-epichlorohy- proceeding but who did not wish to 730, 1325 G Street, NW Washington, DC, drin water-soluble thermosetting resins intervene. to determine whether (a) New Atlantic, intended for use in the manufacture of On September 9, 1971, the Commission Inc., is a citizen of the United States paper and paperboard in contact with published a revision of its regulations within the meaning of the aforesaid Act aqueous and fatty foods. in 10 CFR Part 50, Appendix D, Im ple­ and related regulations and (b) it pos­ Dated: November 24,1971. sesses the ability, experience, resources mentation of the National Environ­ and other qualifications necessary to V ir g il O . W o d ic k a , mental Policy Act of 1969 (36 F.R. enable it to construct, operate, and main­ Director, Bureau of Foods. 18071), to set forth an interim statement tain its proposed fishing vessel. Any per­ [FR Doc.71-17779 Filed 12-3-71;8:51 am] of Commission policy and procedure for

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 NOTICES 23169 implementation of the National Environ­ mitted as a party to this proceeding or denied unless, in accordance with 10 CFR mental Policy Act of 1969 (NEPA) .x The provide an additional opportunity to any 2.714, the petitioner shows good cause revised regulations require the considera­ person to intervene on the basis of, or to for failure to file it on time. tion of additional matters in applicants’ raise matters encompassed within, the A person permitted to intervene be­ environmental reports and in detailed issues pertaining to radiological health comes a party to the proceeding, and has statements of environmental considera­ and safety and the common defense and all the rights of the applicant and the tions and provide for determination by security specified for hearing in the prior regulatory staff to participate fully in the the presiding Atomic Safety and Licens­ above-referenced notice of hearing. conduct of the hearing. For example, he ing Boards in pending proceedings of As they become available, any new or may examine and cross-examine wit­ specified issues in addition to and dif­ supplemental environmental report, and nesses. A person permitted to make a ferent from those previously in issue in any new or supplemental detailed state­ limited appearance does not become a AEC licensing proceedings. ment required by Appendix D of 10 CFR party, but may state his position and Notice is hereby given, pursuant to 10 Part 50 will be placed in the Commis­ raise questions which he would like to CPR Part 2, Rules of Practice, and Ap­ sion’s Public Document Room at 1717 H have answered to the extent that the pendix D of 10 CFR Part 50, Licensing Street NW., Washington, DC, where they questions are within the scope of the of Production and Utilization Facilities, will be available for inspection by mem­ hearing as specified in the issues set out that in the conduct of the captioned bers of the public. Copies of these docu­ above. A member of the public does not proceeding, the Atomic Safety and L i­ ments will also be made available at the have the right to participate, unless he censing Board will, in addition to con­ George S. Houston Memorial Library, has been granted the right to intervene sidering and determining the issues per­ 212 West Vurdeshaw Street, Dothan, AL, as a party or the right of limited taining to radiological health and safety for inspection by members of the public appearance. and the common defense and security during regular business hours. A copy An answer to this notice, or an specified for hearing in the notice of of any new or supplemental detailed amended answer with respect to the hearing in this proceeding published on statement prepared and, to the extent issues specified in this notice, must be July 23, 1971, consider and make deter- of supply, a copy of any new or supple­ filed by the applicant, pursuant to the minatipns, pursuant to the National En­ mental environmental report filed, may provisions of 10 CFR 2.705 of the Com­ vironmental Policy Act of 1969, on the be obtained, when available, by request mission’s rules of practice, not later than matters set forth below: to the Director of the Division of Reactor twenty ( 2 0 ) days from the date of pub­ 1. In the event that this proceeding Licensing, U.S. Atomic Energy Commis­ lication of this notice in the F ederal is not a contested proceeding as defined sion, Washington, D.C. 20545. R e g ist e r . Parties already participating by 10 CFR 2.4(n) of the Commission’s Any person who wishes to make an in this proceeding as intervenors with rules of practice, the Board will deter^ oral or written statement in this pro­ respect to the issues specified in the no­ mine whether the environmental review ceeding setting forth his position on the tice of hearing dated July 23, 1971, must conducted by the Commission’s regula­ issues specified in this Notice, but who also file an answer with respect to the tory staff pursuant to Appendix D of 10 does not wish to file a petition for leave issues specified in this notice not later CFR Part 50 has been adequate. to intervene, may request permission to than twenty ( 2 0 ) days from the date of 2. In the event that this proceeding is make a limited appearance pursuant to publication of this notice in the F ederal or becomes a contested proceeding, the the provisions of 10 CFR 2.715 of the R eg ist e r , in accordance with the re­ Board will decide all matters in contro­ Commission’s rules of practice. Limited quirements of 10 CFR 2.705 of the Com­ versy among the parties with respect to appearances will be permitted at the time mission’s rules of practice. matters within the scope of Appendix D of the hearing in the discretion of the Answers and petitions required to be of 10 CFR Part 50, and will consider and Board, within such limits and on such filed in this proceeding may be filed by decide whether, in accordance with the conditions as may be fixed by the Board. mail or telegram addressed to the Secre­ requirements of Appendix D of 10 CFR Persons desiring to make a limited ap­ tary of the Commission, U.S. Atomic Part 50, the construction permits should pearance are requested to inform the Energy Commission, Washington, D.C. be issued as proposed. Secretary of the Commission, U.S. 20545, Attention: Chief, Public Proceed­ 3. Regardless of whether the proceed­ Atomic Energy Commission, Washing­ ings Branch, or may be filed by delivery ing is contested or uncontested, the ton, D.C. 20545, not later than thirty (30) to the Commission’s Public Document Board will, in accordance with section days from the date of publication of this Room, 1717 H Street NW., Washing­ A.ll of Appendix D of 10 CFR Part 50, notice in the F ederal R e g ist e r . ton, DC. (a) determine whether the requirements Any person whose interest may be af­ The date and place of further hearings of section 102(2) (C) and (D) of NEPA fected by the proceeding who does not will be set by subsequent order of the and Appendix D of 10 CFR Part 50 of wish to make a limited appearance and Board and notice thereof will be pro­ the Commission’s regulations have been who wishes to participate as a party in vided to the parties, including persons complied with in this proceeding; (b) the proceeding with respect to the issues granted leave to intervene on issues set independently consider the final balance set forth in this notice must file a peti­ forth in this notice, and will be published among conflicting factors contained in tion for leave to intervene. in the F ederal R e g ist e r . In setting these the record of the proceeding with a view Petitions for leave to intervene, pur­ dates, due regard will be had for the toward determining: the appropriate ac­ suant to the provisions of 10 CFR 2.714 convenience and necessity of the parties tion to be taken; (3) determine whether of the Commission’s rules of practice, or their representatives, as well as Board the construction permits should be must be received in the Office of the members. granted, denied or appropriately, condi­ Secretary of the Commission, U.S. tioned to protect environmental values. Dated at Germantown, Md., this 29th Atomic Energy Commission, Washing­ day of November 1971. This notice supersedes the Notice of ton, D.C. 20545, Attention: Chief, Public Hearing published on July 23, 1971, with Proceedings Branch, or the Commis­ For the Atomic Energy Commission. respect to the matters which may be sion’s Public Document Room, 1717 H W. B. M cCool, raised under paragraph A .ll of Appendix Street NW., Washington, DC, not later Secretary of the Commission. D of 10 CFR Part 50, but does not affect than thirty (30) days from the date of the status of any person previously ad- publication of this notice in the F ederal [FR Doc.71-17730 Piled 12-3-71:8:46 am] R eg ist e r . The petitions shall set forth the interest of the petitioner in the proceed­ [Dockets Nos. 50-329, 50-330] 1The Commission adopted certain minor ing, how that interest may be affected amendments to revised Appendix D which by Commission action, and the conten­ CONSUMERS POWER CO. were published in the F ederal R egister on tions of the petitioner in reasonably Sept. 30, 1971 (36 F.R. 19158). The Commis­ Supplementary Notice of Hearing on sion adopted certain additional amendments specific detail. A petition which sets to revised Appendix D with respect to pro­ forth contentions relating to matters Application for Construction Permits ceedings subject to section D thereof which outside of the issues specified in this On October 29, 1970, a notice of hear­ were published in the Federal Register on notice will be denied. A petition for leave ing on application for construction per­ Nov. 1 1 , 1971 (36 F.R. 21579). to intervene which is not timely will be mits was published by the Atomic Energy

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 No. 234- -6 23170 NOTICES

Commission (the Commission) in the 3. Regardless of whether the proceed­ who wishes to participate as a party in F ederal R eg ister (35 F.R. 16749) in the ing is contested or uncontested, the the proceeding with respect to the issues captioned proceeding. That notice desig­ Board will, in accordance with section set forth in this notice must file a peti­ nated an Atomic Safety and Licensing A .ll of Appendix D of 10 CFR Part 50, tion for leave to intervene. Board (Board) to conduct the hearing, (a) determine whether the requirements Petitions for leave to intervene, pur­ specified the issues to be determined by of section 102(2) (C) and (D ) of NEPA suant to the provisions of 10 CFR 2.714 the Board, provided an opportunity to and Appendix D of 10 CFR Part 50 of the of the Commission’s rules of practice, intervene with respect to the issues Commission’s regulations have been com­ must be received in the Office of the Sec­ specified in such notice to persons whose plied with in this proceeding; (b) inde­ retary of the Commission, U.S. Atomic interests may be affected by the proceed­ pendently consider the final balance Energy Commission, Washington, D.C. ing and provided an opportunity to make among conflicting factors contained in 20545, Attention: Chief, Public Proceed­ limited appearances to other persons the record of the proceeding with a view ings Branch, or the Commission^ Public who wished to make a statement in the toward determining the appropriate ac­ Document Room, 1717 H Street NW., proceeding put who did not wish to tion to be taken; (3) determine whether Washington, DC, not later than thirty intervene. the construction permits should be (30) days from the date of publication On September 9, 1971, the Commis­ granted, denied or appropriately condi­ of this notice in the F ederal R egister. sion published a revision of its regula­ tioned to protect environmental values. The petition shall set forth the interest tions in 10 CFR Part 50, Appendix D, This notice supersedes the notice of of the petitioner in the proceeding, how Implementation of the National Envi­ hearing published on October 29, 1970, that interest may be affected by Com­ ronmental Policy Act of 1969 (36 F.R. with respect to the matters which may be mission action, and the contentions of 18071), to set forth an interim statement raised under paragraph A .ll of Appen­ the petitioner in reasonably specific de­ of Commission policy and procedure for dix D of 10 CFR Part 50, but does not tail. A petition which sets forth conten­ implementation of the National Envi­ affect the status of any person previously tions relating to matters outside of thé ronmental Policy Act of 1969 (NEPA ) 1 admitted as a party to this proceeding or issues specified in this notice will be The revised regulations require the con-" provide an additional opportunity to any denied. A petition for leave to intervene sideration of additional matters in ap­ person to intervene on the basis of, or to which is not timely will be denied un­ plicants’ environmental reports and in raise matters encompassed within, the less, in accordance with 10 CFR 2.714, detailed statements of environmental issues pertaining to radiological health the petitioner shows good cause for fail­ considerations and provide for determi­ and safety and the common defense and ure to file it on time. nation by the presiding Atomic Safety security specified for hearing in the prior A person permitted to intervene be­ above-referenced notice of hearing. and Licensing Boards in pending pro­ comes a party to the proceeding, and ceedings of specified issues in addition As they become available, any new or has all the rights of the applicant and to and different from those previously in supplemental environmental report, and the regulatory staff to participate fully issue in AEC licensing proceedings. any new or supplemental detailed state­ in the conduct of the hearing. For exam­ Notice is hereby given, pursuant to 10 ment required by Appendix D of 10 CFR ple, he may examine and cross-examine CFR Part 2, Rules of Practice, and Ap­ Part 50 will be placed in the Commis­ witnesses. A person permitted to make a pendix D of 10 CFR Part 50, Licensing of sion’s Public Document Room at 1717 H limited appearance does not become a Production and Utilization Facilities, Street NW., Washington, DC, where they party, but may state his position and that in the conduct of the captioned will be available for inspection by mem­ raise questions which he would like to proceeding, the Atomic Safety and L i­ bers of the public. Copies of those docu­ have answered to the extent that the censing Board will, in addition to cop­ ments will also be made available at the questions are within the scope of the sidering and determining the issues per­ Grace Dow Memorial Library, 1710 West hearing as specified in the issues set out taining to radiological health and safety St. Andrews Road, Midland, MI, for in­ above. A member of the public does not and the common defense and security spection by members of the public be­ have the right to participate unless he specified for hearing in the notice of tween the hours of 9 a.m. and 9 p.m. has been granted the right to intervene hearing in this proceeding published on weekdays, and 9 a.m. and 5 p.m. Satur­ as a party or the right of limited October 29,1970, consider and make de­ days. A copy of any new or supplemental appearance. terminations, pursuant to the National detailed statement prepared and, to the Environmental Policy Act of 1969, on the extent of supply, a copy of any new or An answer to this notice, or an matters set forth below. supplemental environmental report filed, amended answer with respect to the is­ may be obtained, when available, by re­ sues specified in this notice, must be 1. In the event that this proceeding is filed by the applicant, pursuant to the not a contested proceeding as defined by quest to the Director of the Division of Reactor Licensing, UJS. Atomic Energy provisions of 10 CFR 2.705 of the Com­ 10 CFR. 2.4(n) of the Commission’s rules mission’s rules of practice, not later than of practice, the Board will determine Commission, Washington, D.C. 20545. twenty ( 2 0 ) days from the date of pub­ whether the environmental review con­ Any person who wishes to make an lication of this notice in the F ederal ducted by the Commission’s regulatory oral or written statement in this pro­ R e g ist e r . Parties already participating staff pursuant to Appendix D of 10 CFR ceeding setting forth his position on the in this proceeding as intervenors with Part 50 has been adequate. issues specified in this notice, but who respect to the issues specified in the no­ 2. In the event that this proceeding is does not wish to file a petition for leave tice of hearing dated October 29, 1970, or becomes a contested proceeding, the to intervene, may request permission to must also file an answer with respect to Board will decide any matters in con­ make a limited appearance pursuant to the issues specified in this notice not the provisions of 10 CFR 2.715 of the troversy among the parties with respect later than twenty ( 2 0 ) days from the to matters within the scope of Appendix Commission’s rules of practice. Limited date of publication of this notice in the appearances will be permitted at the D of 10 CFR Part 50, and will consider F ederal R eg ist e r , in accordance with the and decide whether in accordance with time of the hearing in the discretion of requirements of 10 CFR 2.705 of the the requirements of Appendix D of 10 the Board, within such limits and on Commission’s rules of practice. such conditions as may be fixed by the CFR Part 50, the construction permits Answers and petitions required to be Board. Persons desiring to make a lim­ should be issued as proposed. filed in this proceeding may be filed by ited appearance are requested to inform mail or telegram addressed to the Sec­ the Secretary of the Commission, U.S. 1 The Commission adopted certain minor retary of the Commission, U.S. Atomic Atomic Energy Commission, Washing­ amendments to revised' Appendix D which Energy Commission, Washington, D.C. ton, D.C. 20545, not later than thirty were published in the Federal R egister on ,20545, Attention: Chief, Public Proceed­ (30) days from the date of publication Sept. 30, 1971 (36 F.R. 19158). The Commis­ ings Branch, or may be filed by delivery sion adopted certain additional amendments of this notice in the F ederal R eg ist e r . to the Commission’s Public Document to revised Appendix D with respect to pro­ Any person whose interest may be af­ ceedings subject to section D thereof which fected by the proceeding who does not Room, 1717 H Street NW., Washington, were published in the Federal Register on DC. Nov. 11, 1971 (36 F.R. 21579). wish to make a limited appearance and

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 NOTICES 23171

The date and place of further hearings Pending completion of the full NEPA the licensee to construct two pressurized will be set by subsequent order of the review, the holders of Construction Per­ water nuclear power reactors designated Board and notice thereof will be pro­ mit No. CPPR^75 proceed with construc­ as the Turkey Point Nuclear Generating vided to the parties, including persons tion at their own risk. The determination Units Nos. 3 and 4, at a site in Dade granted leave to intervene on issues set herein and the discussion and findings County, Fla., approximately 25 miles forth in this notice, and will be pub­ referred to above do not preclude the south of Miami, Fla. Each facility is des­ lished in the Federal R egister. In set­ Commission, as a result of its on­ ignated for initial operation at approxi­ ting these dates, due regard will be had going environmental review, from con­ mately 2 , 2 0 0 megawatts (thermal). for the convenience and necessity of the tinuing, modifying, or terminating the m accordance with section E.3 of the parties or their representatives, as well construction permit or from appropri­ Commission’s regulations implementing as Board members. ately conditioning the permit to protect the National Environmental Policy' Act environmental values. Dated at Germantown, Md., this 29th of 1969 (NEPA), Appendix D of 10 CFR day of November 1971. Any person whose interest may be af­ Part 50 (Appendix D ), the licensee has fected by this proceeding, other than the furnished to the Commission a written For the Atomic Energy Commission. licensees, may file a request for a hear­ statement of reasons, with supporting W. B. M cCool, ing within thirty (30) days after publi­ factual submission, why the provisional Secretary of the Commission. cation of this determination in the construction permits should not be sus­ F ederal R egister. Such request shall set pended, in whole or in part, pending [PR Doc.71-17731 Piled 12-3-71;8:46 am] forth the matters, with reference to the completion of the NEPA environmental factors set but in section E.2 of Appendix review. [Docket No. 50-334] D, alleged to warrant a determination The Director of Regulation has con­ other than that made by the Director sidered the licensee’s submission in light DUQUESNE LIGHT CO. ET AL. of Regulation and shall set forth the of the criteria set out in section E.2 of Determination Not To Suspend Con­ factual basis for the request. I f the Com­ Appendix D, and has determined, after mission determines that the matters struction Activities Pending Com­ considering and balancing the criteria in stated in such request warrant a hearing, section E.2 of Appendix D, that con­ pletion of NEPA Environmental a notice of hearing will be published in struction activities at the Turkey Point Review the F ederal R egister. Nuclear Generating Units Nos. 3 and 4 Duquesne Light Co., Ohio Edison Co., The licensees’ statement of reasons, authorized pursuant to CPPR-27 and and Pennsylvania Power Co. (the licen­ furnished pursuant to section E.3 of CPPR-28 should not be suspended pend­ sees) are the holders of Construction Appendix D, as to why the construc­ ing completion of the NEPA environ­ Permit No. CPPR-75 (the construction tion permit should not be suspended mental review. permit), issued by the Atomic Energy pending completion of the NEPA envi­ Further details of this determination Commission on June 26, 1970. The con­ ronmental review, and the document en­ are set forth in a document entitled “Dis­ struction permit authorizes the licensees titled “Discussion and Findings by the cussion and Findings by the Division of to construct a pressurized water nuclear Division of Reactor Licensing, U S. Reactor Licensing, U.S. Atomic Energy Atomic Energy Commission, Relating to power reactor designated as the Beaver Commission, Relating to Consideration Consideration of Suspension Pending Valley Power Station, Unit No. 1 on the of Suspension Pending NEPA Environ­ applicants’ site on the south bank of the NEPA Environmental Review of the mental Review of the Provisional Con­ Ohio River in Beaver County, Pa., ap­ Construction Permit for the Beaver Val­ struction Permits for the Turkey Point ley Power Station, Unit No. 1, Duquesne proximately 1 mile from Midland, Pa. Nuclear Generating Units Nos. 3 and 4 , Light Company, Ohio Edison Company, The facility is designed for initial opera­ Florida Power & Light Company, AEC tion at approximately 2,652 megawatts and Pennsylvania Power Company, AEC Docket Nos. 50-250 and 50-251, Novem­ Docket No. 50-334, November 22, 1971,” (thermal). ber 24, 1971” . In accordance with section E.3 of the are available for public inspection at the Pending completion of the full NEPA Commission’s Public Document Room, Commission’s regulations implementing review, the holder of Provisional Con­ 1717 H Street NW., Washington, DC, and the National Environmental Policy Act struction Permits Nos. CPPR-27 and at the Beaver Area Memorial Library, of 1969 (NEPA), Appendix D of 10 CFR CPPR-28 proceeds with construction at 100 College Avenue, Beaver, PA 15009. Part 50 (Appendix D ), the licensees have its own risk. The determination herein Copies of the “ Discussion and Findings” furnished to the Commission a written and the discussion and findings referred document may be obtained upon request statement of reasons, with supporting to above do not preclude the Commis­ addressed to the Atomic Energy Com­ factual submission, why the construction sion, as a result of its ongoing environ­ mission, Washington, D.C. 20545, Atten­ permit should not be suspended, in whole mental review, from continuing, modify­ tion: Director of Reactor Licensing. or in part, pending completion of the ing or terminating the construction per­ NEPA environmental review. Dated at Bethesda, Md., this 23d day mits or from appropriately conditioning The Director of Regulation has con­ of November 1971. the permits to protect environmental values. sidered the licensees’ submission in light For the Atomic Energy Commission. of the criteria set out in section E.2 of Any person whose interest may be a f­ Appendix D, and has determined, after L. M anning M untzing, fected by this proceeding, other than the considering and balancing the criteria Director of Regulation. licensee, may file a request for a hearing in section E-2 of Appendix D, that con­ [FR Doc.71-17714 Filed 12-3-71:8:49 am] within thirty (30) days after publication struction activities at the Beaver Valley of this determination in the Federal Power Station, Unit No. 1 authorized R egister. Such a request shall set forth pursuant to CPPR-75 should not be sus­ [Dockets Nos. 50-250, 50-251 ] the matters, with reference to the factors pended pending completion of the NEPA FLORIDA POWER & LIGHT CO. set out in section E.2 of Appendix D, environmental review. alleged to warrant a determination other Further details of this determination Determination Not To Suspend Con­ than that made by the Director of Regu­ are set forth in a document entitled “Dis­ struction Activities Pending Com­ lation and shall set forth the factual basis cussion and Findings by the Division of pletion of NEPA Environmental for the request. I f the Commission de­ Reactor Licensing, U.S. Atomic Energy Review termines that the matters stated in such Commission, Relating to Consideration request warrant a hearing, a notice of of Suspension Pending NEPA Environ­ Florida Power & Light Co. (the licen­ hearing will be published in the F ederal mental Review of the Construction Per­ see) is the holder of Provisional Con­ R egister. mit for the Beaver Valley Power Station, struction Permits Nos. CPPR-27 and The licensee’s statement of reasons, Unit No. 1, Duquesne Light Company, CPPR-28 (the provisional construction furnished pursuant to section E.3 of Ap­ Ohio Edison Company, and Pennsylvania permits) issued by the Atomic Energy pendix D, as to why the construction per­ Power Company, AEC Docket No. 50-334, Commission on March 24, 1969. The pro­ mits should not be suspended pending November 22,1971.” visional construction permits authorize completion of the NEPA environmental

FEDERAL RJEGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23172 NOTICES review, and the document entitled “Dis­ pending completion of the NEPA en­ [Docket No. 50-346] cussion and Findings by the Division of vironmental review. TOLEDO fDISON CO. AND CLEVE­ Reactor Licensing, U.S. Atomic Energy Further details of this determination LAND ELECTRIC ILLUMINATING Commission Relating to Consideration are set forth in a document entitled “ Dis­ of Suspension Pending NEPA Environ­ cussion and Findings by the Division of CO. mental Review of the Construction Per­ Reactor Licensing, U.S. Atomic Energy Determination Not To Suspend Con-, mits for the Turkey Point Nuclear Gen­ Commission, Relating to Consideration struction Activities Pending Com­ erating Units Nos. 3 & 4, Florida Power of Suspension Pending NEPA Environ­ & Light Company, AEC Docket Nos. 50- mental Review of the Provisional Con­ pletion of NEPA Environmental 250 and 50-251, November 24, 1971,” are struction Permits for the Sequoyah Nu­ Review available for public inspection at the clear Plant Units 1 and 2, Tennessee The Toledo Edison Co. and the Cleve­ Commission’s Public Document Room, Valley Authority, AEC Docket Nos. 50- land Electric Illuminating Co. (the li­ 1717 H Street NW., Washington, DC, and 327 and 50-328, November 23, 1971.” censees) , are the holders of Construction at the Lily Lawrence-Row Public Library, Pending completion of the full NEPA Permit No. CPPR-80 (the construction 212 Northwest First Avenue, Homestead, review, the holder of Provisional Con­ permit), issued by the Atomic Energy FL 33030. Copies of the “Discussion and struction Permits Nos. CPPR-72 and Commission on March 24,1971. The con­ Findings” document may be obtained CPPR-73 proceeds with construction at struction permit authorizes the licensees upon request addressed to the U.S. its own risk. The determination herein to construct a pressurized water nuclear Atomic Energy Commission, Washing­ and the discussion and findings referred power reactor designated as the Davis- ton, D.C. 20545, Attention: Director, to above do not preclude the Commission, Besse Nuclear Power Station at the li­ Division of Reactor Licensing, as a result of its ongoing environmental censees’ site in Ottawa County, Ohio. The Dated at Bethesda, Md., this 26th day review, from continuing, modifying or facility is designed for initial operation of November 1971. terminating the construction permits or at approximately 2,633_ megawatts from appropriately conditioning the per­ (therm al). For the Atomic Energy Commission. mits to protect environmental values. In accordance with section E.3 of the L. M a n n in g M ttntzing, Any person whose interest may be af­ Commission’s regulations implementing Director of Regulation. fected by this proceeding, other than the the National Environmental Policy Act of 1969 (N E P A ), Appendix D of 10 CFR [FR Doc.71-17715 Filed 12-3-71;8:49 am] licensee, may file a request for a hearing within thirty (30) days after publication Part 50 (Appendix D ), the licensees have of this determination in the F ederal furnished to the Commission a written [Dockets Nos. 50-327, 50-328] R eg ist e r . Such request shall set forth the statement of reasons, with supporting factual submission, why the construction TENNESSEE VALLEY AUTHORITY matters, with reference to the factors set out in section E.2 of Appendix D, alleged permit should not be suspended, in whole Determination Not To Suspend Con­ to warrant a determination other than or in part, pending completion of the struction Activities Pending Com­ that made by the Director of Regulation NEPA environmental review. This state­ ment of reasons was furnished to the pletion of NEPA Environmental and shall set forth the factual basis for the request. I f the Commission deter­ Commission on October 15,1971. In addi­ Review mines that the matters stated in such tion, intervenors in the construction per­ Tennessee Valley Authority (the li­ request warrant a hearing, a notice of mit proceeding, Coalition for Safe censee) is the holder of Provisional Con­ hearing will be published in the F ederal Nuclear Power and Living in a Finer struction Permits Nos. CPPR-72 and R eg ist e r . Environment (L IF E ), have submitted a CPPR-73 (the construction permits) is­ The licensee’s statement of reasons, “Request for Suspension of Construction sued by the Atomic Energy Commission furnished pursuant to section E.3 of Ap­ Permit No. CPPR-80” dated November on May 27, 1970. The provisional con­ pendix D, as to why the construction 19, 1971, in which they contend in sub­ struction permits authorize the licensee permits should not be suspended pending stance that construction of the Davis- to construct two pressurized water nu­ completion of the NEPA environmental Besse Nuclear Power Station should be clear power reactors designated as the review, and the document entitled “Dis­ halted pending completion of the NEPA Sequoyah Nuclear Plant Units 1 and 2, cussion and Findings by the Division environmental review. at a site in Hamilton County, Tenn., ap­ of Reactor Licensing, U.S. Atomic En­ The Director of Regulation has consid­ proximately 12 miles northeast of Chat­ ergy Commission Relating to Consid­ ered the licensees’ submission in light of tanooga, Tenn. Each facility is designed erations of Suspension Pending NEPA the criteria set out in section E.2 of Ap­ for initial operation at approximately Environmental Review of the Provisional pendix D and the submission of the in­ 3,411 megawatts (thermal). Construction Permits for the Sequoyah tervenors, and has determined, after con­ sidering and balancing the criteria in In accordance with section E.3 of the Nuclear Plant Units 1 and 2, Tennessee Valley Authority, AEC Docket Nos. 50- section E.2 of Appendix D, that construc­ Commission’s regulations implementing tion activities at the Davis-Besse Nuclear the National Environmental Policy Act 327 and 50-328, November 23, 1971,” are available for public inspection at the Power Station authorized pursuant to of 1969 (NEPA), Appendix D of 10 CFR CPPR-80 should not be suspended pend­ Part 50 (Appendix D ), the licensee has Commission’s Public Document Room, 1717 H Street NW., Washington, DC, and ing completion of the NEPA environmen­ furnished to the Commission a written tal review. statement of reasons, with supporting at the Chattanooga Public Library, 601 McCalley Street, Chattanooga, TN 37403. Further details of this determination factual submission, why the construction are set forth in a document entitled “Dis­ permits should not be suspended, in Copies of the “Discussion and Findings” document may be obtained upon request cussion and Findings by the Division of whole or in part, pending completion of Reactor Licensing, U.S. Atomic Energy the NEPA environmental review. addressed to the U.S. Atomic Energy Commission, Relating to Consideration Commission, Washington, D.C. 20545, The Director of Regulation has con­ of Suspension Pending NEPA Environ­ Attention: Director, Division of Reactor mental Review of the Construction Per­ sidered the licensee’s submission in light Licensing. of the criteria set out in section E.2 of mit for the Davis-Besse Nuclear Power Dated at Bethesda, Md., this 29th day Appendix D, and has determined, after Station, Docket No. 50-346.” of November 1971. Pending completion of the full NEPA considering and balancing the criteria in For the Atomic Energy Commission. review, the holders of Construction Per­ section E.2 of Appendix D, that construc­ mit No. CPPR-80 proceed with construc­ tion activities at the Sequoyah Nuclear L . M a n n in g M u n t z in g , tion at their own risk. The determination Plant authorized pursuant to CPPR-72 Director of Regulation. herein and the discussion and findings and CPPR-73 should not be suspended [FR Doc.71-17716 Filed 12-3-71;8:49 am ] hereinabove referred to do not preclude

FEDERAL REGISTER, V O L 36, NO. 234— SATURDAY, DECEMBER 4, 1971 NOTICES 23173 the Commission, as a result of its ongo­ served November 10, 1971, and other new service between Antigua and St. ing environmental review, from continu­ documents which are in the docket of Lucia. ing, modifying, or terminating the con­ this proceeding on file in the Docket In deferring action on the agreement, struction permit or from appropriately Section of the Civil Aeronautics Board. 1 0 days were granted in which interested conditioning the permit to protect envi­ persons might file petitions in support Dated at Washington, D.C., December of or in opposition to the proposed action. ronmental values. 2,1971. Any person whose interest may be a f­ No petitions have been received within fected by this proceeding, other than the [ s e a l ] R ich ard M . H a r tso c k , the filing period; however, by letter dated licensees, may file a request for a hear­ Hearing Examiner. November 24, 1971, IA T A has requested ing within thirty (30) days after pub­ [FR Doc.71-17749 Filed 12-3-7l;8:47 am ] a withdrawal of the agreement inasmuch lication of this determination in the as a subsequent investigation has re­ F ederal R e g ist e r . Such a request shall vealed that the sectors involved, Antigua set forth the matters, with reference to [Docket No. 20993; Order 71-11-104] and St. Lucia, are cabotage and do not the factor set out in section E.2 of Ap­ INTERNATIONAL AIR TRANSPORT therefore require IA T A action. Pursuant to authority duly delegated pendix D, alleged to warrant a deter­ ASSOCIATION mination other than that made by the by the Board in the Board’s regulations Director of Regulation and shall set Order Regarding Specific Commodity 14 CFR 385.23, the request of IA T A for forth the factual basis for the request. Rates withdrawal of Agreement CAB 22741 will If the Commission determines that the herein be granted. matters stated in such request warrant a Issued under delegated authority Accordingly, it is ordered, That: hearing, a notice of hearing will be pub­ November 26, 1971. The request of the International Air lished in the F ederal R e g ist e r . Agreement adopted by the Joint Con­ Transport Association for withdrawal of The licensees’ statement of reasons, ferences of the International Air Trans­ Agreement CAB 22741 be and hereby is furnished pursuant to section E.3 of Ap­ port Association relating to specific com­ granted. pendix D, as to why the construction per­ modity rates, Docket 20993, Agreement This order will be published in the mit should not be suspended pending CAB 22332, R-47 through R-49. completion of the NEPA environmental By Order 71-11-20, dated November F ederal R e g ist e r . review, the intervenors’ “ Request for 3, 1971, action was deferred, with a view [ s e a l ] H a r r y J. Z i n k , Suspension of Construction Permit No. toward eventual approval, on an agree­ Secretary. CPPR-80,” dated November 19,1971, and ment adopted by the International Air [FR Doc.71-17751 Filed 12-3-71;8:47 am] the document entitled “ Discussion and Transport Association (IA T A ), relating Findings by the Division of Reactor Li­ to specific commodity rates. In deferring censing, U.S. Atomic Energy Commis­ action on the agreement, 1 0 days were sion, Relating to Consideration of Sus­ granted in which interested persons pension Pending NEPA Environmental might file petitions in support of or in FEDERAL COMMUNICATIONS Review of the Construction Permit for opposition to the proposed action. the Davis-Besse Nuclear Power Station, No petitions have been received within COMMISSION Docket No. 50-346,” are available for the filing period, and the tentative con­ [Report 572] public inspection at the Commission’s clusions in Order 71-11-20 will herein Public Document Room, 1717 H Street be made final. COMMON CARRIER SERVICES NW., Washington, DC, and at the Ida Agreement CAB 22332, R-47 through INFORMATION 1 Rupp Public Library, Port Clinton, Ohio R-49, be and it hereby is approved, pro­ 43452. Copies of the “Discussion and vided that approval shall not constitute Domestic Public Radio Services Findings” document may be obtained approval of the specific commodity de­ Applications Accepted for Filing 2 upon request addressed to the Atomic scriptions contained therein for purposes Energy Commission, Washington, D.C. N o v e m b e r 29, 1971. of tariff publication; provided further Pursuant to §§ 1.227(b) (3) and 21.30 20545, Attention: Director, Division of that tariff filings shall be marked to be­ Reactor Licensing. (b) of the Commission’s rules, an appli­ come effective on not less than 30 days’ cation, in order to be considered with Dated at Bethesda, Md., this 30th day notice from the date of filing. any domestic public radio services appli­ of November 1971. This order will be published in the cation appearing on the attached list, For the Atomic Energy Commission. F ederal R eg ist e r . must be substantially complete and tendered for filing by whichever date is L. M a n n in g M u n t z in g , [ s e a l ] H a r r y J. Z i n k , Secretary. earlier: (a) The close of business 1 busi­ Director of Regulation. ness day preceding the day on which the [FR Doc.71-17724 Filed 12-3-71:8:50 am] [FR Doc.71-17750 Filed 12-3-71;8:47 am] Commission takes action on the previ­ ously filed application; or (b) within 60 [Docket No. 22628; Order 71-11-113] days after the date of the public notice listing the first prior filed application CIVIL AERONAUTICS BOARD INTERNATIONAL AIR TRANSPORT (with which subsequent applications are ASSOCIATION in conflict) as having been accepted for [Docket Nq. 23766] filing. An application which is subse­ BALAIR AG Order Relating to Inaugural Flights quently amended by a major change will Issued under delegated authority be considered to be a newly filed applica­ Issuance of Foreign Air Carrier November 30,1971. tion. It is to be noted that the cutoff Permit; Notice of Hearing dates are set forth in the alternative— Agreement adopted by Traffic Confer­ applications will be entitled to consider­ Notice is hereby given, pursuant to the ence 1 of the International Air Transport ation with those listed below if filed by provisions of the Federal Aviation Act Association relating to inaugural flights, of 1958, as amended, that a hearing in Docket 22628, Agreement CAB 22741. 1 All applications listed below are subject the above-entitled proceeding will be By Order 71-10-129, dated October 28, to further consideration and review and may held on January 5,1972, at 10 a.m. (local 1971, action was deferred, with a view be returned and/or dismissed if not found time), in Room 503, Universal Building, toward eventual approval, on an agree­ to be in accordance with the Commission’s 1825 Connecticut Avenue NW., before the ment adopted by Traffic Conference 1 of rules, regulations, and other requirements. undersigned examiner. the International Air Transport Asso­ 2 The above alternative cutoff rules apply to those applications listed below as having For information concerning the issues ciation (IA T A ). The agreement would been accepted in Domestic Public Land Mo­ involved and other details in this pro­ permit BW IA to postpone to a date not bile Radio, Rural Radio, Point-to-Point ceeding, interested persons are referred later than November 30, 1971, the per­ Microwave Radio, and Local Television to the Prehearing Conference Report, formance of its inaugural flights for Transmission Services (Part 21 of the rules).

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23174 23174 the end of the 60-day period, only if the 1934, as amended, concerning any do­ TEXAS Commission has riot acted upon the ap­ mestic public radio services application Answering Unlimited (N e w ), 5009-C2—P-71. plication by that time pursuant to the accepted for filing, is directed to § 21.27 Morrison Radio Relay Corp. (KKJ460), 6744-C2-P-71. ;first alternative earlier date. The mutual of the Commission’s rules for provisions RAM Broadcasting of Texas, Inc. (New), 6745-C2-P-(8)-71. exclusivity rights of a new application governing the time for filing and other It appears that the following applications may be mutually exclusive and subject to the are governed by the earliest action with requirements relating to such pleadings. Commission’s rules regarding ex parte presentations, by reason of potential electrical inter­ respect to any one of the earlier filed ference. Frequency 43.58 MHz. conflicting applications. F ederal C ommunications TEXAS The attention of any party in interest C o m m is s io n , RAM Broadcasting of Texas, Inc. (New ), 6745-C2-P-(8)-71. desiring to file pleadings pursuant to sec­ [ s e a l ] B e n F. W a p le , Secretary. Forester Radiotelephone, Inc. (KK0344), 612-C2-P-72. tion 309 of the Communications Act of Airsignal International, Inc. (New ), 654-C2-P-(2)-72. Applications Accepted por Filing I nformative: It appears that the following applications may be mutually exclusive and subject to the Commission’s rules regarding ex parte presentations, by reasons of potential DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE electrical interference. Frequency 35.22 MHz. 3002-C2-P-(2) 72— Waco Communications, Inc. (KKJ453), for additional facilities to oper­ N E W YORK ate on 454.05 and 454.10 MHz at location No. 2: Off Highway No. 81, approximately 5 miles south of Waco, Tex. Alfred Menter, doing business as Menter Radio Service (N e w ), 7083-C2-P-71. 3031- C2-P-72— AAA Anserphone, Inc.— Jackson (N e w ), for a new 2-way station to be located Tel-Page Corp. (KRH631), 825-C2-P-72. at 1 mile south of State Line, 2 miles east of Highway No. 51, Southhaven, Miss, to operate RURAL RADIO SERVICE on 152.03 MHz. 3032- C2—ML—72— Kern Radio Dispatch (KMD993), location No. 1: Pelato Peak, Mount 3084-C2-C1-AL-72— Lafayette Radiofone, consent to assignment of license from B illie White, Pinos Road, 10 miles south of Maricopa, Calif., change repeater frequency to 72.18 MHz. doing business as Lafayette Radiofone, Assignor, to: Jay Menard, doing business as Lafay­ 3034- C2—P—72— Radiocall, Inc. (KUA482), for additional facilities to operate on 158.70 MHz ette Radiofone, Assignee Station: KLU50 Temp-Fixed. at 1270 Queen Emma Street, Honolulu, HI. 3110- C1—P—72—The Mountain States Telephone & Telegraph Co. (New), for a new rural 3035- C2—P—72— Airsignal International, Inc. (KKG411), for additional facilities to operate subscriber station to be located at 8.3 miles southwest of Granite, Wyo., to operate on on 152.15 M H 7 at Fidelity Union Tower, Pacific and Akard Streets, Dallas, TX. 157.95 MHz. 3084-C2—AP/AL—(2)72— Lafayette Radiofone, consent to assignment of license from Billie 3111- C1-P-72— Southern Bell Telephone & Telegraph Co. (New), for a new rural subscriber White doing business as Lafayette Radiofone, Assignor, to Jay Menard doing business station to be located at approximately 9.5 miles southeast of Miami, Fla. (Biscayne Bay), NOTICES as Lafayette Radiofone, Assignee. Stations: KKOS52 and KLF621 (1-way) Lafayette, LA. to operate on 459.375, 459.400, 459.425, 459.450, 459.500, 459.550, and 459.600 MHz, com­ 3127- C2—AL—72— Curtin Call Communications, Inc., consent to assignment of license from municating with Station KIC345, Miami, Fla. Curtin Call Communications, Inc., Assignor, to: RAM Broadcasting of Missouri, Inc., Major Amendments Assignee. Station: KFQ940 Clayton, Mo. 3128- C2—AL-72— Poulsbo Rural Telephone Association, consent to assignment of license 6125-C1-P-71— Western States Telephone Co., Inc. (New), change rural subscriber station from Poulsbo Rural Telephone Association, Assignor, to United Telephone Co. of the frequency to 157.83 MHz. All other particulars same as reported on Public Notice dated Northwest, Assignee. Station: KJU703 Poulsbo, Wash. May 10,1971. 3129- C2—AL—72— Radio Page of Michiana, Inc., consent to assignment of license from Radio 6126 through 6128-C1-P-71— Western States Telephone Co. (New), additional frequency of Page of Michiana, Inc., Assignor, to William L. Elsele, doing business as Lake Shore 157.95 MHz to be used. All other particulars are to remain as reported on Public Notice Communications, Assignee. Station KQZ707 South Bend, Ind. dated May 10,1971. 3120- C2—P—72— Tel-Illinois, Inc. (New ), for a new 1-way station to be located at the Water PO IN T-TO -PO IN T MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) Tower, Belleville, HI., to operate on 43.58 MHz. 3121- C2—P—72— Tel-Illinois, Inc. (New), for a new 1-way station to be located at Alton Box 2990-C1-P/L-72—The Mountain States Telephone & Telegraph Co. (KKU83), location: Board Building, Alton, HI., to operate on 43.22 MHz. 706 11th Street, Wheatland, W Y. Latitude 42°03'18" N., longitude 104°57'19" W. To 3132-C2—P—(2 )—72— James L. Munch (KOP307), change the antenna system and relocate reinstate the license which has expired. Frequencies: 6019.3 and 6137.9 MHz toward facilities operating 152.03 MHz base and 454.10 MHz control at location No. 2 to: 814 Fifth Wendover, Wyo. Street, Great Falls, MT. 3088- C1-P—72— The Chesapeake & Potomac Telephone Co. of Maryland (WAD23), location: 5009-C2-P—71— Answering Unlimited (New), C.P. application returned to pending status Gwynnbrook State Game Farm, 1.6 miles north of Owings Mills, Md. Latitude 39°27'01" N., Nov. 17,1971, for a new station to be located at 6211 West Northwest Highway, Dallas, TX longitude 76°46'37” W. Frequency 10,915 MHz toward Randallstown, Md., added. to operate on 43.22 MHz. 3089- C1-P-72— The Chesapeake & Potomac Telephone Co. of Marylarid (W AX 85), location.: Correction 1.2 miles south of Randallstown, Md. Latitude 39o21'03” N., longitude 76°47'56" W. Fre­ 233-C2-P-72— Airsignal International, Inc. (KIE953), correct to read: Major Amendment to quency 11,365 MHz toward Owings Mills, Md., added. 7227-C2-P-71, for additional facilities to operate on 35.58 MHz at location No. 3: Atlanta, 3090- C 1—P—72— The Chesapeake & Potomac Telephone Co. of Maryland (New )» a new station Ga. See Public Notices dated June 28,1971 and July 26,1971. 7.5 miles southeast of Frederick, Md. (Monrovia). Latitude 39°20'55" N., longitude 77°- 825—C2-P-72— Tel-Page Corp. (N ew ), correct to read: (KRH631) for additional facilities to 16'51" W. Frequency 6034.2 MHz toward Lambs Knoll, Md. operate on frequency 35.22 MHz. See Public Notice dated Aug. 23, 1971, Report No. 558. 3091- C1-P-72— The Chesapeake & Potomac Telephone Co. of Maryland (New ), a new station I nformative: It appears that the following applications may be mutually exclusive and 4.4 miles west of Middletown, Md. (Lambs Knoll). Latitude 39°26'53" N., longitude 77°- subject to the Commission’s rules regarding ex parte presentations, by reasons of potential 3 7 '3 4 " w. Frequency 6315.9 MHz toward Monrovia, Md. and 6286.2 MHz toward Fairview electrical interference. Frequency 43.22 MHz. Mountain, Md.

FEDERAL REGISTER, VOL. 36, NO. ■SATURDAY, DECEMBER 4, 1971 NOTICES 23175

POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)--- C o n tin u e d Part 3 of form FMC-18 pertains to 3092- C1-P-72— The Chesapeake & Potomac Telephone Co. of Maryland (N ew ), a new station the “ fitness” of the applicant. Among Fairview Mountain, 2.5 miles west of dearspring, Md. Latitude 39°39'04'' N., longitude the questions posed under that part of 7 7 °58'15" W. Frequency 6063.8 MHz toward Lambs Knoll, Md. and 11,245 MHz toward the application form is the following Hagerstown, Md. question: 3093- C1-P-72— The Chesapeake & Potomac Telephone Co. of Maryland (New ), a new station 2. Has applicant or any of its officers Board of Education, Commonwealth Avenue, Hagerstown, Md. Latitude 39°37'38" N., or directors ever filed or been involved longitude 77°42'41"W. Frequency 10,795 MHz toward Fairview Mountain, Md. in bankruptcy proceedings? 3121- C1-P-72— The Mountain States Telephone & Telegraph Co. (KOV63), location: 228 West Adams Street, Phoenix, AZ. Latitude 33°26'58" N., longitude 112°04'35" W. To add The applicant answered that question frequency 6345.5 MHz toward Shaw Butte, Ariz. negatively. This question is relevant to 3122- C1-P-72— The Mountain States Telephone & Telegraph Co. (KPX35), location: Shaw the finding of the applicant’s “fitness” Butte, 10 miles north of Phoenix, Ariz. Latitude 33°35'38" N., longitude 112°05'09" W. in accordance with the statutes. Subse­ To add frequency-6093.5 MHz toward Phoenix and Mount Ord, Ariz. quent information revealed that Mr. C. E. 3123- C1-P-72— The Mountain States Telephone & Telegraph Co. (KPX 68 ), location: Mount Tolonen, the licensee’s president, filed Ord, 23 miles south-southwest of Payson, Ariz. Latitude 33°54'18" N., longitude 111°- a petition in bankruptcy on December 2, 24'28" W. To add frequency 6345.5 MHz toward Strawberry and Shaw Butte, Ariz. 1966, in the U.S. District Court of the 3124- C1—P-72— The Mountain States Telephone & Telegraph Co. (KPC67), location: 24 West Central District of California and was Aspen Street. Latitude 35°11'57" N., longitude 111°38'57" W. To add frequency 6093.5 MHz duly adjudged a bankrupt by that Court toward Mormon Mountain, Ariz. on March 15,1967. 3125- C1—P—72— The Mountain States Telephone & Telegraph Co. (New), a new station 1.9 Section 510.9 of the Commission’s miles northeast of Strawberry, Ariz. Latitude 34°25'51" N., longitude 111°30'13" W. Fre­ General Order 4 provides that a license quency: 6093.5 MHz toward Mount Ord, and Mormon Mountain, Ariz. be revoked, suspended, or modified after 3126- C1—P-72— The Mountain States Telephone & Telegraph Co. (New), a new station notice in hearing for any of the following Mormon Mountain, 17.8 miles southeast of Flagstaff, Ariz. Frequency: 6345.5 MHz toward reasons: * * * “ (c) making any will­ Strawberry and Flagstaff, Ariz. fully false statement to the Commission - P O IN T-TO -P O IN T MICROWAVE RADIO SERVICE (NONTELEPHONE) in connection with an application for a The following applicants propose to establish omnidirectional facilities for the provision license or its continuance in effect.” of common carrier “Subscriber-Programmed” television service. There is reason to believe that the li­ 3085- C1-P-72—Eastern Microwave, Inc. (New), a new station located at Xerox Square, censee willfully made a false statement Rochester, N.Y. Latitude 43°09'17" N., longitude 77°$6'15" W. Frequencies: 2150.20 MHz to the Commission in connection with (aural) and 2152.325 MHz (visual) toward various receiving points of system and 2154.00 its application in order to secure an in­ MTTs»i (aural) and 2158.50 MHz (visual) toward various receiving points of system. dependent ocean freight forwarder 3086- C1-P-72—Eastern Microwave, Inc. (New ), a new station at 14 Lafayette Street, Buffalo, license. N.Y. Latitude 42°53'10" N., longitude 78°52'26" W. Frequencies: 2150.20 MHz (aural) Therefore, it is ordered, That pursuant and 2152.325 MHz (visual) toward various receiving points of system and 2154.0 MHz to section 44 and section 22 of the Ship­ (aural) and 2158.50 MHz (visual) toward various receiving points of system. ping Act, 1916, C. E. Tolonen Co., Inc., 3087- C1—P—72— Eastern Microwave, Inc. (New), a new station 1.7 miles northwest of New is hereby made a respondent in this pro­ Salem, N.Y. (Helderberg). Latitude 42°38'12" N., longitude 73°59'45" W. Frequencies: ceeding and is directed to show cause 2150.20 MHz (aural) and 2152.325 MHz (visual) toward various receiving points of system why it should not have its license as an and 2154.00 MHz and 2158.50 MHz (visual) toward various receiving points of system. This independent ocean freight forwarder, re­ application proposes to service the Albany, N.Y., area. voked or suspended for making a will­ 3133-C1-P-72— Answer Inc. of San Antonio (New), a new station, KWEX-TV Tower, 111 fully false statement to the Commission Martinez Street, San Antonio, TX. Latitude 29°25'03” N., longitude 98°29'26" W. Fre­ in connection with its application for a quencies 2158.500 MHz (visual) and 2154.000 MHz (aural) toward various receiving points license as an independent ocean freight of system and 2152.325 MHz (visual) and 2150.200 isHz (aural) toward various receiving forwarder. points of system. It is further ordered, That this pro­ I nformative: It appears that the following applications may be mutually exclusive and ceeding shall be limited to the submis­ subject to the Commission’s rules regarding ex parte presentations, by reasons of potential sion of affidavits of fact and memoran­ electrical interference. dum of law, replies, and oral argument. CALIFORNIA Should any party feel that an evidentiary Microband Corp. of America (N ew ), File No. 1432-C1-P-72. hearing be required, that party may ac­ Microwave Transmission Corp. (N ew ), File No. 2818-C1-P-72. company such a request for hearing with NEW YORK a statement setting forth in detail the facts to be proven, their relevance to the Eastern Microwave, Inc. (N e w ), File No. 3085-C1—P-72. issues in this proceeding, and why such Microband Corp. of America (N ew ), File No. 2125-C1-P-72. proof cannot be submitted through Eastern Microwave, Inc. (N e w ), File No. 3086-C1-P-72. affidavit. Request for hearing shall be Microband Corp. of America (N e w ), File No. 1978-C1-P-72. filed on or before December 21, 1971. A f­ TEXAS fidavits of fact and memorandum of law Answer Inc. of San Antonio (N ew ), File No. 3133-C1-P-72. shall be filed by respondent and served Multi-Point Distribution Systems, Inc. (N e w ), File No. 2937-C1-P-72. upon all parties no later than the close of business December 21, 1971. Reply Correction . affidavits and memorandum shall be filed 2938-C1—P—72—Multi-Point Distribution Systems, Inc. (New), Fort Worth, Tex. Correct by the Commission’s Bureau of Hearing applicants name to read: Paul E. Taft, doing business as Taft Broadcasting Co. All other Counsel and Intervenbrs, if any, no later terms same as indicated in Report No. 571, dated Nov. 22,1971. than the close of business January 7, IFR Doc.71-17679 Filed 12-3-71:8:45 am] 1972. Oral argument will be scheduled at a later date if requested and/or deemed necessary by the Commission. The approval of a license was predicated on the facts contained in the Federal It is further ordered, That a notice of FEDERAL MARITIME COMMISSION order be published in the F ederal R eg ­ [Docket No. 71-92] Maritime Commission’s independent ocean freight forwarder application ist e r and that a copy thereof be served C. E. TOLONEN CO., INC. fprm FMC-18 and a subsequent field in­ upon respondent. vestigation into the applicant’s fitness, I t is further ordered, That persons Order To Show Couse willingness and ableness to properly other than those already party to this On August 5, 1971, C. E. Tolonen Co., conduct such a business. This form was proceeding who desire to become parties Inc., was issued independent ocean signed by Clarence E. Tolonen, president to this proceeding and to participate freight forwarder license FMC No. 1347. of C. E. Tolonen Co., Inc. therein, shall file a petition to intervene

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23176 NOTICES pursuant to Rule 5(1) of the Commis­ Therefore it is ordered, Pursuant to 5. Sea-Land WaybUl No. 905-904202, 12- sion’s rules of practice and procedure (46 section 22 of the Shipping Act, 1916, that 11-69, declared 104 cartons of “Toys.” The cargo was inspected and found to consist of CPR 502.72) no later than the close of a proceeding is hereby instituted to de­ commodities other than toys, with different business December 10, 1971. termine whether Viking Importrade, me., tariff rates. The difference between the proper I t is further ordered, That all docu­ and/or Bernard Lang & Co., me., violated rate and the rate for “Toys” totaled $44.64. ments submitted by any party of record section 16 of the Shipping Act, 1916, by 6. Sea-Land Waybill No. 905-410092, 12- in this proceeding shall be directed to knowingly and willfully, directly or in­ 28- 69, declared 1,228 cartons of “Novelties, the Secretary, Federal Maritime Com­ directly, by means of false classification, Toys, Earthen Ware, Stone Ware, Ironstone mission, Washington, D.C. 20573, in an or by any other unjust or unfair device Ware, Bone China, Porcelain Ware.” The original and 15 copies as well as being or means obtained or attempted to ob­ cargo was inspected and found to consist of mailed directly to all parties of record. tain transportation by water for property commodities other than toys and novelties, at less than the rates or charges which with different tariff rates. The difference be­ By the Commission. tween the proper rate and the rate assessed would otherwise be applicable. totaled $196.78. [ s e a l ] F r a n c is H u r n e y , C. It is further ordered, That it be de­ 7. Sea-Land WaybUl No. 937-414890, 12- Secretary. termined whether, because of the alleged 29- 69, declared 534 cartons of “Wood Novel­ [F R Doc.71-17758 FUed 12-3-71;8:48 am ] activities of respondent, Bernard Lang & ty.” The cargo was inspected and found to Co., me., said respondent continues to consist of commodities other than wood nov­ qualify to be licensed as an ocean freight elties, with different tariff rates. The differ­ {Docket No. 71-93] forwarder or whether its license should ence between the proper rate and the rate be revoked or suspended pursuant to § 44 assessed totaled $266.75. VIKING IMPORTRADE INC., AND Total difference between the correct rates of the Shipping Act, 1916 and §§ 510.9 and the rates actually assessed is $739.78. BERNARD LANG & CO., INC. (a) and (e) of the Commission’s rules of Order of Investigation and Hearing practice and procedure, 46 CFR 510.9. (FR Doc.71-17759 FUed 12-3-71;8:48 am] I t is further ordered, That Viking Im­ The Commission has become aware portrade, me., and Bernard Lang & Co., that certain shipments consigned to me., be made respondents in this pro­ DEUTSCHE DAMPFSCHIFFAHRTS- Viking Importrade, Inc. (Viking), dur­ ceeding and that the matter be assigned GESELLSCHAFT “HANSA” AND ing the period of August 2, 1969, through for hearing before an Examiner of the VILLAIN & FASSIO E CAMPAGNIA December 29,1969, see Attachment A for Commission’s Office of Hearing Examin­ a list of the shipments, appear to have INTERN AZIONALE DE GENOVA ers at a date and place to be announced SOCIETA RIUNITE Dl NAVIGAZIONE been misclassified resulting in the assess­ by the Presiding Examiner. ment of incorrect ocean freight charges. I t is further ordered, That notice of S.P.A. The bills of lading involved described the this order be published in the F ederal seven shipments as “ Toys” or “Novel­ Notice of Agreement Filed R e g ister and a copy thereof and notice ties”, whereas the custom papers, ship­ of hearing be served upon respondents. Notice is hereby given that the fol­ pers invoices, and packing lists and I t is further ordered, That any person, lowing agreement has been filed with the inspections disclosed that the shipments Commission for approval pursuant to consisted of commodities other than other than respondents, who desire to become a party to this proceeding and section 15 of the Shipping Act, 1916, as “ Toys” or “ Novelties” which in most amended (39 Stat. 733, 75 Stat. 763, 46 cases were subject to higher freight rates. to participate therein shall file a peti­ tion to intervene with the Secretary, U.S.C. 814). The difference between the rate for the Interested parties may inspect and ob­ actual items shipped and the rate for Federal Maritime Commission, Wash­ ington, D.C. 20573 with copies to tain a copy of the agreement at the “ Toys” or “Novelties” for each shipment Washington office of the Federal Mari­ is also set forth in Attachment A. respondents. It is further ordered, That all future time Commission, 1405 I Street NW., Bernard Lang & Co., me. (Bernard Room 1015; or may inspect the agree­ Lang), acted as the customhouse broker notices issued by or on behalf of the Commission in this proceeding, includ­ ment at the Field Offices located at New for the inbound shipments to Viking. York, N.Y., New Orleans, La., and San ing notice of time and place of hearing Bernard Lang & Co., is a licensed me., or prehearing conference, shall be mailed Francisco, Calif. Comments on such ocean freight forwarder holding FMC agreements, including requests for hear­ directly to all parties of record. License No. 209. The Commission is con­ ing, may be submitted to the Secretary, tinuously concerned with any and all ac­ By the Commission. Federal Maritime Commission, Washing­ tivities of a licensed ocean freight for­ ton, D.C. 20573, within 10 days after [ s e a l ] F r a n c is C. H u r n e y , warder which may detract from its Secretary. publication of this notice in the F ederal fitness, willingness and/or ability to R e g ister ; Any person desiring a hearing carry on the business of forwarding as Attachment A on the proposed agreement shall provide required by the Shipping Act. I f a cus­ 1. Sea-Land WaybUl No. 905-438097, 8- a clear and concise statement of the mat­ tomhouse broker were found to have 2-69, declared 311 cartons of “Toys.” The ters upon which they desire to adduce acted illegally on behalf of import clients cargo was Inspected and found to consist of evidence. An allegation of discrimination it may not be “fit” to assume the fidu­ commodities other than toys, with different or unfairness shall be accompanied by a tariff rates. The difference between the statement describing the discrimination ciary responsibilities required of a freight proper rate and the rate for “Toys” totaled forwarder. The firm handled various doc­ $72.85. or unfairness with particularity. If a uments which properly identified the 2. Sea-Land Waybill No. 905-438502, 8-23- violation of the Act or detriment to the commodities, and in at least four in­ 69, declared 275 cartons of “Toys.” The cargo commerce of the United States is alleged, stances paid the ocean freight charges was inspected and found to consist of com­ the statement shall set forth with par­ for Viking. modities other than toys, with different ticularity the acts and circumstances said Section 16 of the Shipping Act 1916 tariff rates. The difference between the to constitute such violation or detriment proper rate and the rate for “Toys” totaled to commerce. provides in part: “ That it shall be un­ $46.35. lawful for any shipper consignor, con­ 3. Sea-Land WaybUl No. 937-411723, 9-28- A copy of any such statement should signee, forwarder, broker, or other per­ 69, declared 270 cartons of “General Mer­ also be forwarded to the party filing the son, or other officer, agent, or employee chandise (Toys & Novelties).” The cargo was agreement (as indicated hereinafter) thereof, knowingly and willfully, directly inspected and found to consist of commodi­ and the statement should indicate that or indirectly, by means of false billing, ties other than toys and novelties. The dif­ this has been done. ference between the proper rate and the rate Notice of agreement filed by: false classification, false weighting, false for “Toys” totaled $62.95. report of weight, or by any other unjust 4. Sea-Land WaybUl No. 905—401438, 10-4— Stanley O. Sher, Esq., Bebchick, Sher & or unfair device or means to obtain or 69, declared 207 cartons of “Toys.” The cargo Kushnick, 919 18th Street NW., Washing­ attempt to obtain transportation by was inspected and found to consist of com­ ton, DC 20006. modities other than toys, with different water for property at less than the rates tariff rates. The difference between the Agreement No. 9958-1 modifies the or charges which would otherwise be proper rate and the rate for “Toys” totaled basic agreement of the above named car­ applicable.” $49.64. riers by adding Compagnie Fabre Societe

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 NOTICES 23177

Generale de Transports Maritimes as a MEDCHI FREIGHT POOL and necessity authorizing the construc­ party. The basic agreement creates a tion and operation of liquefied natural container operating company entitled Notice of Agreement Filed gas (LNG) facilities and the transporta­ “Atlantica S.p.A.” Notice is hereby given that the follow­ tion of regasified LNG, all as more fully Dated: December 1» 1971. ing agreement has been filed with the set forth in the amendment which is on file with the Commission and open to By order of the Federal Maritime Commission for approval pursuant to section 15 of the Shipping Act, 1916, as public inspection. Commission. Specifically, Columbia LNG and Con­ F rancis C. H urney, amended (39 Stat. 733, 75 Stat. 763, 46 U.S.C. 814) . solidated are amending their application Secretary. to reflect an increase in the volumes of [FR Doc.71-17763 Filed 12-3-71; 8:48 am] Interested parties may inspect and ob­ tain a copy of the agreement at the LNG which are proposed to be received, Washington office of the Federal Mari­ regasified and transported to Loudoun, HANSA LINE ET AL. time Commission, 1405 I Street NW., Va., by means of the facilities proposed herein. Consolidated proposes to increase Notice of Agreement Filed Room 1015; or may inspect the agree­ ment at the Field Offices located at New the deliveries at Loudoun of regasified Notice is hereby given that the follow­ York, N.Y., New Orleans, La., and San LNG to the approximate equivalent of ing agreement has been filed with the Francisco, Calif. Comments on such 350,000 Mcf per day. Alternatively, Co­ Commission for approval pursuant to agreements, including requests for hear­ lumbia and Consolidated each propose section 15 of the Shipping Act, 1916, as ing, may be submitted to the Secretary, to deliver at Loudoun, Va., the approxi­ amended (39 Stat. 733, 75 Stat. 763, 46 Federal Maritime Commission, Wash­ mate equivalent of 500,000 Mcf per day, U.S.C. 814). ington, D.C. 20573, within 10 days after but only upon the occurrence of certain Interested parties may inspect and ob­ publication of this notice in the F ederal conditions precedent with respect to availability of LNG supply. tain a copy of the agreement at the R egister. Any person desiring a hearing Washington office of the Federal Mari­ on the proposed agreement shall provide Columbia LNG proposes to sell the time Commission, 1405 I Street NW., a clear and concise statement of the volumes delivered at Loudoun to its af­ Room 1015; or may inspect the agree­ matters upon which they desire to ad­ filiate, Columbia Gas Transmission ment at the Field Offices located at New duce evidence. An allegation of discrimi­ Corp. Consolidated proposes to sell the York, N.Y., New Orleans, La., and San nation or unfairness shall be accompa­ volumes so delivered at Loudoun to its Francisco, Calif. Comments on such nied by a statement describing the affiliate, Consolidated Gas Supply Corp. agreements, including requests for hear­ discrimination or unfairness with partic­ Applicants state that the total design, ing, may be submitted to the Secretary, ularity. If a violation of the Act or operation, estimated capital costs and Federal Maritime Commission, Washing­ detriment to the commerce of the operating costs of the proposed facilities ton, D.C. 20573, within 20 days after United States is alleged, the statement are not changed by the proposed publication of this notice in the F ed­ shall set forth with particularity the acts amendments. eral R egister. Any person desiring a and circumstances said to constitute Any person desiring to be heard or to hearing on the proposed agreement shall such violation or detriment to commerce. make any protest with reference to said provide a clear and concise statement A copy of any such statement should petition to amend should on or before of the matters upon which they desire also be forwarded to the party filing the December 13, 1971, file with the Federal to adduce evidence. An allegation of dis­ agreement (as indicated hereinafter) Power Commission, Washington, D.C. crimination or unfairness shall be ac­ and the statement should indicate that 20426, a petition to intervene or a pro­ companied by a statement describing the this has been done. test in accordance with the requirements discrimination or unfairness with par­ of the Commission’s rules of practice ticularity. I f a violation of the Act or Notice of agreement filed by; and procedure (18 CFR 1.8 or 1.10) and detriment to the commerce of the United Eric G. Brown, Secretary, Mediterranean- the regulations under the Natural Gas States is alleged, the statement shall U.S.A. Great Lakes Westbound Freight Act (18 CFR 157.10). Any person who set forth with particularity the acts and Conference, 10, Place de la Joliette, Mar­ has heretofore been permitted to partici­ circumstances said to constitute such seilles, France. pate as a party in this proceeding need violation or detriment to commerce. Agreement No. 9020-15 modifies the not file again. All protests filed with the A copy of any such statement should basic agreement by extending the cut­ Commission will be considered by it in also be forwarded to the party filing the off date for giving notice of resignation determining the appropriate action to agreement (as indicated hereinafter) for the 1973 season to July 15,1972. be taken but will not serve to make the and the statement should indicate that Protestants parties to the proceeding. this has been done. Dated: December 1,1971. Any person wishing to become a party to a proceeding or to participate as a Notice of agreement filed by: By order of the Federal Maritime Commission. party in any hearing therein must file Richard W . Kurrus, Kurrus and Jacobi, F rancis C. Hurney, a petition to intervene in accordance 2000 K Street NW., Washington, DC 20006. Secretary. with the Commission’s rules. Hansa Line, Fassio Line, Fabre Line, [FR Doc.71-17765 Filed 12-3-71;8:48 am ] K enneth F. P lum b, Mediterranean Marine Lines Inc., and Secretary. Sea-Land Service Inc. [F R Doc.71-17767 Filed. 12-3-71;8:48 am] Agreement No. 9972, among the above- named common carriers by water, pro­ FEDERAL POWER COMMISSION [Docket No. CP71-153] vides for the exchange of information [Docket No. CP71-289] and cooperation in developing informa­ CONSOLIDATED SYSTEM LNG CO. tion relating to the carriage of cargo in COLUMBIA LNG CORP. AND CON­ intermodal containers between U.S. At­ SOLIDATED SYSTEM LNG CO. Notice of Amendment to Application lantic ports and Mediterranean ports for N ovember 29, 1971. the purpose of determining whether uni­ Notice of Amendment to Application Take notice that on November 8 , 1971, form and agreed rules, practices, and N ovember 29, 1971.. procedures are needed to improve the Consolidated System LNG Co. (appli­ Take notice that on November 8,1971, benefits of container services for both cant), 445 West Main Street, Clarks­ shippers and carriers. Columbia LNG Corp. (Columbia LN G ), burg, W V 26301, filed in Docket No. 26 Montchanin Road, Wilmington, DE CP71-153 an amendment to the pending Dated: November 30, 1971. 19807, and Consolidated System LNG application filed pursuant to section 3 By order of the Federal Maritime Co. (Consolidated L N G ), 445 West Main of the Natural Gas Act on November 25, Commission. Street, Clarksburg, VA 26301, filed in 1970, for an order of the Commission Docket No. CP71-289 an amendment to F rancis C. H urney, authorizing the importation of an in­ their pending application filed pursuant Secretary. creased volume of liquefied natural gas to section 7(c) o f the Natural Gas Act (LNG) from Algeria to the United IFR Doc.71-17764 Filed 12-3-71;8:48 am ] for a certificate of public convenience States, all as more fully set forth in the FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, T971 No. 234------7 23178 NOTICES amendment which is on file with The application of June 4, 1971, re­ tition to intervene in accordance with the Commission and open to public quested authorization for the construc­ the Commission’s rules. inspection. tion and operation of approximately K e n n e t h F. P l u m b , The application of November 25, 1970, 190.2 miles of 30-inch pipeline extend­ Secretary, ing from Loudoun County, Va., to a point requested authorization for the impor­ [FR Doc.71-17743 Filed 12-3-71;8:47 am] tation of a total annual quantity of LNG of interconnection with the facilities of the equivalent of approximately 2 0 0 , 0 0 0 Consolidated near the Leidy Storage Pool Mcf of natural gas daily. The LNG to be in Clinton County, Pa., and for the trans­ [Docket No. RP71-08] portation and sale of 200,000 Mcf of re­ imported is to be purchased from El Paso PACIFIC GAS TRANSMISSION CO. Algeria Corp. (El Paso Algeria). gasified liquefied natural gas (LNG) per day to Consolidated. Applicant states Applicant states that it has entered Notice of Motion for Approval of that it has pending before the Commis­ into an agreement with El Paso Algeria Stipulation and Agreement sion an application pursuant to section providing for an increase in the amount 3 of the Natural Gas Act for authoriza­ N o v em ber 29, 1971. of LNG to be purchased and that this tion to import LNG into the United increase will result in a total equivalent Take notice that Pacific Gas Trans­ States. The LNG to be imported would of approximately 350,000 Mcf per day of mission Co. (PG T) on November 8 , 1971, be purchased from El Paso Algeria Corp. natural gas. As an alternative to the filed a motion for approval of a proposed (El Paso Algeria) and the volume there­ aforementioned agreement, applicant stipulation and agreement, certified to of would be equivalent to 200,000 Mcf the Commission by the Presiding Ex­ states that it has entered into an agree­ per day after regasification. ment with El Paso Algeria for the pur­ aminer in this proceeding on November Applicant states that it has entered 1 1 , 1971, which resolves all issues in this chase of LNG the equivalent of approxi­ into an agreement with El Paso Algeria mately 500,000 Mcf of natural gas per proceeding and provides for reduced providing for an increase in the amount rates and refunds. day, if an agreement for the sale and of LNG to be purchased and that this purchase of LNG between El Paso Algeria The stipulation and agreement pro­ increase will result in a total equivalent vides, inter alia, for a reduction in rates and Southern Energy Co. is terminated. of approximately 350,000 Mcf of natural Therefore, applicant requests authoriza­ below those which may become effective gas per day. Applicant states that this tion for the importation of increased subject to refund in this proceeding, and regasified LNG * will be transported volumes of LNG from Algeria into the requires refunds by PG T of any excess through the proposed facilities and sold charges which may have been collected United States. to Consolidated. To provide for this Any person desiring to be heard or to above the rates set forth in the agree­ transportation, applicant proposed to ment. The proposed agreement provides make any protest with reference to said construct in 1976, and operate, in addi­ amendment should on or before Decem­ for computation of rates based upon a tion to the facilities hereinbefore de­ r/8 percent rate of return and for a ber 13, 1971, file with the Federal Power scribed, a 6,800 horsepower compressor, Commission, Washington, D.C. 20426, a change in the specified depreciation unit to be located on the proposed 30- method from a straight-line basis to one petition to intervene or a protest in ac­ inch pipeline near Doylesburg, Pa. The cordance with the requirements of the which more closely relates the annual estimated cost of the compressor station depreciation expense to the actual use of Commission’s rules of practice and pro­ proposed herein is $4,496,000. cedure (18 CFR 1.8 or 1.10). Any person the pipeline facilities. As an alternative to the aforemen­ who has heretofore been permitted to Copies of the motion together with the tioned agreement, applicant states that participate as a party in this proceed­ stipulation and agreement were served it has entered into a contract with El ing need not file again. All protests filed upon all parties to this proceeding. Paso Algeria for the purchase of LNG with the Commission will be considered Answers or comments relating to the the equivalent of approximately 500,000 by it in determining the appropriate ac­ stipulation and agreement may be filed Mcf of natural gas per day, if an agree­ tion to be taken but will not serve to with the Federal Power Commission, make the protestants parties to the pro­ ment for the sale and purchase of LNG Washington, D.C. 20426, on or before between El Paso Algeria and Southern ceeding. Any person wishing to become a December 6 , 1971. Energy Co. is terminated. I f this con­ party to a proceeding or to participate K e n n e t h F. P l u m b , tract is terminated and applicant is able" as a party in any hearing therein must Secretary. to purchase the additional volumes of file a petition to intervene in accordance [FR Doc.71-17744 Filed 12-3-71;8:47 am] with the Commission’s rules. ^ v LNG, then applicant will be required to construct the aforementioned Doyles­ K e n n e t h F. P l u m b , burg Compressor Station in 1975, and [Docket No. RF72-71] Secretary. proposes to construct during 1976, a sec­ [FR Doc.71-17768 Filed 12-3-71;8:48 am] ond 6,800 horsepower compressor station SOUTHWEST GAS CORP. on the 30-inch line. This station will be Notice of Proposed Changes in Rates constructed near Leesburg, Va., at an and Charges [Docket No. CP71-290] estimated cost of $4,361,550. CONSOLIDATED SYSTEM LNG CO. Any person desiring to be heard or to N o v e m b e r 29, 1971. make any protest with reference to said Take notice that Southwest Gas Corp. Notice of Amendment to Application amendment should on or before (Southwest) on November 18, 1971, ten­ December 15, 1971, file with the Federal dered for filing proposed changes in its N o v e m b e r 29, 1971. Power Commission, Washington, D.C. FPC Gas Tariff, Original Volume No. I ,1 Take notice that on November 8 , 1971, 20426, a petition to intervene or a pro­ to become effective December 18, 1971. Consolidated System LNG Co. (appli­ test in accordance with the requirements The proposed rate changes would in­ cant) , 445 West Main Street, Clarksburg, of the Commission’s rules of practice crease jurisdictional revenues by $217,721 W V 26301, filed in Docket No. CP71-290 and procedure (18 CFR 1.8 or 1.10) and annually based on volumes for the 1 2 - an amendment to a pending application the regulations under the Natural Gas month period ended September 30, 1971, filed pursuant to section 7(c) of the Act (18 CFR 157.10). Any person who as adjusted. Natural Gas Act on June 4, 1971, for a has heretofore been permitted to partici­ Southwest in its filing states that the certificate of public convenience and ne­ pate as a party in this proceeding need proposed changes in rates are designed cessity authorizing the construction and not file again. All protests filed with the to recoup only an increase in its cost of operation^ of certain natural gas facili­ Commission will be considered by it in gas purchased from El Paso Natural Gas ties and the transportation and sale of determining the appropriate action to be Co. (El Paso) resulting from the latter’s natural gas to Consolidated Gas Supply taken but will not serve to make the rate filing in Docket No. RP71-137. The Corp. (Consolidated), all as more fully protestants parties to the proceeding. Commission, by its Order No. 437A-1, is­ set forth in the amendment which is Any person wishing to become a party to sued November 19, 1971, permitted El on file with the Commission and open a proceeding or to participate as a party to public inspection. in any hearing therein must file a pe­ 1 Fourth Revised Sheets Nos. 4 and 10A.

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 NOTICES 23179

Paso’s proposed rate increase in Docket ing need not file again. All protests filed to intervene in accordance with the Com­ No. RP71-137 to become effective, subject with the Commission will be considered mission’s rules. to refund with interest, as of November by it in determining the appropriate 14, 1971. action ter be taken but will not serve to K e n n e t h F. P l u m b , Copies of this filing were served on make the protestants parties to the pro­ Secretary. Southwest’s jurisdictional customers and ceeding. Any person wishing to become [P R Doc.71-17771 Piled 12-3-71;8:49 am ] interested State commissions. a party to a proceeding or to participate Any person desiring to be heard or to as a party in any hearing therein must [Docket No. CP71-264] make any protest with reference to said file a petition to intervene in accordance application should on or before Decem­ with the Commission’s rules. SOUTHERN ENERGY CO. ber 7, 1971, file with the Federal Power Commission, Washington, D.C. 20426, K e n n e t h F. P l u m b , Notice of Amendment to Application Secretary. petitions to intervene or protest in ac­ N ovember 29,1971. cordance with the requirements of the [P R Doc.71-17769 Filed 12-3-71;8:48 am ] Commission’s rules of practice and Take notice that on November 11,1971, procedure (18 CFR 1.8 or 1.10). All pro­ Southern Energy Co. (applicant), Post Office Box 2563, Birmingham, AL 35202, tests filed with the Commission will be [Docket No. CP71-276] considered by it in determining the ap­ filed in Docket No. CP71-264 an amend­ propriate action to be taken but will not SOUTHERN NATURAL GAS CO. ment to its pending application pursuant to section 7(c) of the Natural Gas Act serve to make the protestants parties to Notice of Amendment to Application the proceeding. Persons wishing to be­ for a certificate of public convenience come parties to a proceeding or to par­ N o v em ber 29, 1971. and necessity authorizing the construc­ ticipate as a party in any hearing therein Take notice that on November 5, 1*971, tion and operation of facilities for the must file petitions to intervene in ac­ Southern Natural Gas Co. (Applicant), receipt, storage, regasification and sale cordance with the Commission’s rules. Post Office Box 2563, Birmingham, AL of liquefied natural gas (LN G ), all as The application is on file with the Com­ 35202, filed in Docket No. CP71-276 an more fully set forth in the amendment mission and available for public inspec­ amendment to its pending application which is on file with the Commission tion. pursuant to section 7(c) of the Natural and open to public inspection. K enneth F. P lumb, Gas Act for a certificate of public con­ Applicant states that the reduced vol­ Secretary. venience and necessity authorizing the umes of LNG it proposes to import (in construction and operation of certain Docket No. CP71-151) require certain [PR Doc.71-17745 Piled 12-3-71;8:47 am ] natural gas pipeline facilities to trans­ amendments to be made to its proposed port regasified liquefied natural gas facilities resulting in a reduction in the [Docket No. GP71-151] (LN G ), all as more fully set forth in cost of said facilities from $71,425,217 to the amendment which is on file with $63,021,956. SOUTHERN ENERGY CO. the Commission and open to public Applicant also makes other appropri­ Notice of Amendment to Application inspection. ate amendments to its application where Specifically, the amendment reflects a necessitated by the reduced volumes of N o vem ber 29,1971. reduction in the volumes of gas which LNG. Take notice that on November 11, Applicant proposes to purchase from Any person desiring to be heard or to 1971, Southern Energy Co. (Applicant), Southern Energy Co. from approxi­ make any protest with reference to said Post Office Box 2563, Birmingham, AL mately 475,000 Mcf of regasified LNG per amendment should on or before Decem­ 35202, filed in Docket No. CP71-151 an day to approximately 335,000 Mcf of re­ ber 13, 1971, file with the Federal Power amendment to its pending application gasified LNG per day. Applicant states Commission, Washington, D.C. 20426, a pursuant to section 3 of the Natural Gas that the amendment reflects certain petition to intervene or a protest in ac­ Act for an order of the Commission au­ changes to be made to the facilities pro­ cordance with the requirements of the thorizing Applicant to import liquefied posed in the application which result in Commission’s rules of practice and pro­ natural gas (LNG ) from Algeria into the a reduction in the cost of said facilities cedure (18 CFR 1.8 or 1.10) and the reg­ United States, all as more fully set forth from $27,862,790 to $24,598,820. ulations under the Natural Gas Act (18 in the amendment which is on file with Applicant also makes other appropri­ CFR 157.10) . Any person who has here­ the Commission and open to public in­ ate amendments to its application where tofore been permitted to participate as spection. necessitated by the reduced volumes of a party in this proceeding need not file Applicant states that it has entered regasified LNG it proposes to purchase again. All protests filed with the Com­ into an Amended LNG Purchase Agree­ from Southern Energy Co. mission will be considered by it in deter­ ment with El Paso Algeria Corp. which Any person desiring to be heard or to mining the appropriate action to be taken provides for a base price for LNG de­ make any protest with reference to said but will not serve to make the protestants livered at Savannah of 68.60 cents per amendment should on or before Decem­ parties to the proceeding. Any person million B.t.u. and reduces the annual ber 13, 1971, file with the Federal Power wishing to become a party to a proceed­ volumes of LNG which Applicant origi­ Commission, Washington, D.C. 20426, a ing or to participate as a party in any nally proposed to import from 205,312,500 petition to intervene or a protest in ac­ hearing therein must file a petition to million B.t.u. per year (the approximate cordance with the requirements of the intervene in accordance with the Com­ equivalent of 500,000 Mcf per day) to Commission’s rules of practice and pro­ mission’s rules. 143,718,750 million (an equivalent of ap­ cedure (18 CFR 1.8 or 1.10) and the reg­ K enneth F. P lumb, proximately 350,000 Mcf per day). ulations under the Natural Gas Act (18 Secretary. Any person desiring to be heard or to CFR 157.10). Any person who has here­ make any protest with reference to said tofore been permitted to participate as [P R Doc.71-17770 Piled 12-3-71;8:48 am ] amendment should on or before Decem­ a party in this proceeding need not file ber 13, 1971, file with the Federal Power again. All protests filed with the Com­ NATIONAL GAS SURVEY EXECUTIVE Commission, Washington, D.C. 20426, mission will be considered by it in deter­ a. petition to intervene or a protest in ac­ mining the appropriate action to be taken ADVISORY COMMITTEE cordance with the requirements of the but will not serve to make the protes­ Order Designating Member Commission’s rules of practice and tants parties to the proceeding. A n y per­ procedure (18 CFR 1.8 or 1.10). Any per­ son wishing to become a party to a pro­ N ovember 29, 1971. son who has heretofore been permitted ceeding or to participate as a party in The Federal Power Commission by to participate as a party in this proceed­ any hearing therein must file a petition order issued April 6, 1971 established

FEDERAL REGISTER, V O L 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23180 NOTICES

the Executive Advisory Committee of the We have determined that our-rate de­ (C) This order shall constitute the National Gas Survey. terminations in the Southern Louisiana,® certification of consistency with the pur­ poses of the Economic Stabilization Act 1. Membership. Mr. E. D. Brockett has Texas Gulf Coast, Other Southwest, and Rocky Mountain areas are consistent of 1970, as amended, as required by resigned his membership in the Executive § 300.016 (a) and (b) of Chapter m , Title Advisory Committee. A new member to With the economic goals in Executive 6 , of the Code of Federal Regulations. the Executive Advisory Committee, as Order No. 11615, as superseded by Execu­ selected by the Chairman of the Com­ tive Order No. 11627. Moreover, those By the Commission. mission with the approval of the Com­ economic goals are not inconsistent with the Commission’s regulatory functions [ s e a l ] K e n n e t h F. P l u m b , mission, is as follows: and responsibilities under the Natural Secretary. B. R. Dorsey, Chairman, G u lf Oil Co. Gas Act. [PR Doc.71-17742 Filed 12-3-71;8:47 am] By the Commission. This Commission has been confronted with conclusive evidence demonstrating [ s e a l ] K e n n e t h P . P l u m b , a gas supply shortage. Every indication [Docket No. RP72-74] Secretary. is that such a shortage will continue into SOUTHERN NATURAL GAS CO. [PR Doc.71-17766 Piled 12-3-71;8:48 am] the near future. The actions which we have taken in these recent opinions are Notice of Filing of Proposed designed to reverse this trend and to Curtailment Plan - [Docket No. R-427; Order No. 437A-4] augment the Nation’s dwindling gas re­ SOUTHERN LOUISIANA AREA RATE serves. To this extent the rates and other D e cem ber 1, 1971. PROCEEDING ET AL. provisions in those determinations have Take notice that, on November 26, used price as a tool to bring gas to the 1971, Southern Natural Gas Co. (South­ Fourth Supplementary Order to marketplace; in other words, to obtain ern) submitted for filing revised tariff Amended Statement of Policy and for the public service the needed amount sheets1 constituting its curtailment plan Order of gas. We have attempted to provide the pursuant to Order No. 431. Southern re­ proper economic climate to stimulate ex­ quests that the tariff sheets be made N o v e m b e r 29, 1971. ploratory and developmental efforts in effective December 25, 1971, or, if sus­ Southern Louisiana Area Rate Pro­ order to provide adequate service to the pended, that the period of suspension be ceeding, AR61-2, et al. 69-1; Texas Gulf consumer at the lowest reasonable rate. limited to 1 day. Coast Area Rate Proceeding, AR64-2 et An important policy consideration which Southern proposed curtailment plan is al.; Other Southwest Area Rate Proceed­ we cannot ignore is the substantial bur­ divided into two parts, one applicable ing, AR67-1 et al.; Initial Rates in the den which would fall upon the consumer for the storage injection season (April 1 Rocky Mountain Area, R-389, R-389A. if higher priced alternative energy sup­ through October 31) and the other ap­ On August 18, 1971, we issued Order plies are required to alleviate the gas plicable to the heating season (Novem­ No. 437, Statement of Policy, implement­ shortage. It is imperative that adequate ber 1 through March 31). Generally, the ing the Economic Stabilization Act of sources of energy, including natural gas, storage injection plan involves the fol­ 1970 and Executive Order No. 11615. On be available to sustain the Nation’s eco­ lowing curtailment steps: (1) Curtail­ November 16, 1971, we issued Order No. nomic growth. Thus, we have balanced ment of deliveries of gas in excess of the 437A, amending our prior policy state­ our regulatory responsibilities under the contract demand of a resale customer at ment, which provided in part that Natural Gas Act with the President’s each delivery point, or in excess of the (mimeo at p. 5) : economic goals, and find they are not in­ firm requirements of direct consumers, * * * increases in rates or charges in consistent. where the gas is used or sold as fuel for orders heretofore issued containing a The Commission orders: electric generation in a plant where gen­ eration of electricity for sale represents provision that they are subject to the (A ) The opinions and orders in Dock­ the primary function of such plant; (2 ) policy announced in Order No. 437 will ets Nos. AR61-2 et al., AR69-1, AR64-2 curtailment of deliveries of gas in excess be reviewed for consistency with the pur­ et al., AR67-1 et al., and the initial poses of the Economic Stabilization Act rates in the Rocky Mountain area, Dock­ of the contract demand of a resale cus­ ets Nos. R389 and Rr-389A (herein “or­ tomer at each delivery point, or in ex­ of 1970, as amended. After such review, ders” ), were effective pursuant to the cess of the firm requirements of direct increases in rates or charges approved as terms of each respective order when is­ consumers, where the gas is used or sold being consistent with such purposes will sued, and, to the extent, if any, that the for interruptible use; (3) curtailment of be reported as supplements to this order effective date of any provisions of any remaining electric generation fuel re­ and shall be effective as of 1 2 : 0 1 a.m., orders were deferred pursuant to Execu­ quirements; (4) curtailment of remain­ November 14, 1971. tive Order 11627 until 12 a.m. on Novem­ ing interruptible use requirements; (5) Among the opinions and orders sub­ ber 13, 1971, the orders shall be effective curtailment of firm industrial require­ ject to Order No. 437 were our determi­ in their entirety as of 12:01 a.m. No­ ments; and ( 6 ) curtailment of remain­ nations respecting rates for jurisdic­ vember 14, 1971. ing requirements. tional sales of natural gas by independ­ (B) Those provisions of our orders in The heating season curtailment plan ent producers, specifically in the South­ Dockets Nos. AR61-2 et al., AR69-1, is similar to the storage injection curtail­ ern Louisiana,1 Texas Gulf Coast,3 Other AR64-2 et al., and AR67-1 et al,, permit­ ment plan except that ( 1 ) following the Southwest,* and the Rocky Mountain4 ting pipelines to file rate increase appli­ initial curtailment of gas used as fuel for areas. For the reasons stated herein, we cations to track producer rate increases electric generation on an individual de­ find that the rates and other provisions are consistent with the purposes of the livery point basis, the remaining curtail­ of those opinions and orders shall be­ Economic Stabilization Act of 1970, as ment steps are on a group basis; and (2 ) come effective as of 12:01 a.m., Novem­ amended, and such applications which systemwide conjunctive billing is per­ mitted a multiple delivery point cus­ ber 14, 1971. have been filed and were to become effec­ tive during the period August 15, 1971, tomer during the heating season when to November 13, 1971, may become effec­ 1 Opinion No. 598, July 16, 1971, and Opin­ ion No. 598A, Sept. 9, 1971. Dockets Nos. tive as of 12:01 a.m., November 14, 1971. i The tariff sheets are identified as First AR61-2 et al. and AR69-1. Revised Sheets Nos. 8C, U K , 15C, 26C, 38, 40, 2 Opinion No. 595, May 6, 1971; orders of * On Oct. 27, 1970, we issued Order No. and 40A; Second Revised Sheets Nos. 10, 11, May 17, July 1, and July 29, 1971; and 413, wherein the moratorium contained in 11G, 111, 17, 18, 28, and 29; Fourth Revised Opinion No. 595A, Oct. 18, 1971. Docket No. Opinion No. 546 was lifted. On Dec. 24, 1970, Sheet No. 39; Tenth Revised Sheet No. 11J; AR64—2 et al on rehearing, Order No. 413 was modified Eleventh Revised Sheets Nos. 8A, 8D, U S , 3 Opinion No. 607, Oct. 29, 1971. Docket No. so as to permit increased rate filings in 15A, 15D, 26A, and 26D; Fifteenth' Revised AR67-1 et al. southern Louisiana up .to 22.375 cents per Sheets Nos. 9, 16, and 27; and Original Sheets * Order No. 435, July 15, 1971, and order Mcf onshore for contracts dated prior to Nos. 40B, 40C, 40D, 40E, 40F, 40G, 40H, 401, of Sept. 9, 1971. Dockets Nos. R-389 and Oct. 1, 1968, and 26 cents per Mcf for con­ and 40J to Sixth Revised Volume No. 1 of R-389A. tracts dated on or after pet. 1, 1968. Southern’s FPC Gas Tariff.

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 NOTICES 23181

such customer is limited to or below views and recommendation. The Super­ contract demand or maximum delivery intendent recommended approval of the INTERIM COMPLIANCE PANEL obligation and the forecast mean tem­ application. perature at Birmingham, Ala. is 35° Notice of receipt of the application was Fahrenheit or lower. published in the F ederal R eg ist e r on (COAL MINE HEALTH AND The above recitation describes, in part, August 21, 1971 (36 FJt. 16536), provid­ Southern’s proposed curtailment plan. ing an opportunity for interested persons SAFETY) The full proposal is on file with the Com­ to submit comments and views with mission and is available for public respect to the proposal. A copy of the HAZEL DELL COAL CORP. AND inspection. application was forwarded to the U.S. PEERLESS EAGLE COAL CO. Southern states that copies of its filing Department of Justice for its considera­ have been mailed to its customers and tion. Time for filing comments and views Applications for Renewal Permits; State Commissions shown on its service has expired and all those received have Notice of Opportunity for Public list. Additionally, Southern states that been considered. Hearing its filing is being made available at its The Board has considered the appli­ offices in Birmingham, Ala. cation in the light of the factors set forth Applications for Renewal Permits for Any person desiring to be heard or to in section 3(c) of the Act, including the Noncompliance with the Electric Face make any protest with reference to this effect of the proposed acquisition on Equipment Standard specified in the filing should on or before December 15, competition, the financial and manage­ Federal Coal Mine Health and Safety Act 1971, file with the Federal Power Com­ rial resources and future prospects of the of 1969 have been received as follows: mission, 441 G Street NW., Washington, applicant and the banks concerned, and ICP Docket No. 3045 000, Hazel Dell Coal DC 20426, petitions to intervene or pro­ the convenience and needs of the com­ Corp., USBM ID No. 11 00567 0, New Wind­ tests in accordance with the require­ munities to be served, and finds that: sor, Mercer County, HI., ICP Permit No. ments of the Commission’s rules of prac­ Applicant is a recently organized cor­ 3045 004 (Joy Shuttle Car, Ser. No. ET2612). tice and procedure (18 CFR 1.8 or 1.10) . ICP Docket No. 3062 000, Peerless Eagle Coal poration. Upon consummation of this Co., Mine No. 2A, USBM ID No. 46 01616 0, All protests filed with the Commission proposal, applicant will control $14.3 Summersville, Nicholas County, W . Va., will be considered by it in determining million in deposits, representing 0 . 2 per­ ICP Permit No. 3062 001-R-l (S&S Ma­ the appropriate action to be taken but cent of total commercial deposits in chinery Mine Tractor, Ser. No. 4 4 66- will not serve to make the protestants Iowa. (All banking data are as of De­ 2654), ICP Permit No. 3062 003-R-I (Joy parties to the proceeding. Persons wish­ cember 31, 1970.) Bank, the second Coal Cutter, Ser. No. 15360), ICP Permit ing to participate as parties in any hear­ largest of three banks in the Emmet No. 3062 006—R—l (Shop Built Coal Drill, ing therein must file petitions to inter­ County banking market, controls 40.6 Ser. No. Co. No. 5). vene in accordance with the Commis­ percent of the commercial deposits in ICP Docket No. 3063 000, Peerless Eagle Coal sion’s rules. Co., Mine No. 1, USBM ID No. 46 01476 0, that market. Applicant was recently or­ Summersville, Nicholas County, W. Va., Any order Issued in this proceeding ganized for the purpose of consummat­ ICP Permit No. 3063 001-R-l (Joy Coal will be subject to the Commission’s ing this proposal and has no present Cutter, Ser. No. 15865), ICP Permit No. Statement of Policy Implementing the operations or subsidiaries. Therefore, 3063 002-R-l (Joy Coal Cutter, Ser. No. Economic Stabilization Act of 1970 consummation of this proposal would 15917). (Public Law 91-379, 84 Stat. 799, as eliminate neither existing nor potential In accordance with the provisions of amended by Public Law 92-15, 85 Stat. competition, nor does it appear that 38) and Executive Order 11615 includ­ section 305(a)(7) of the Federal Coal there would be any adverse effects on any Mine Health and Safety Act of 1969 (83 ing such amendments as the Commis­ bank in the market. Stat. 742, et seq., Public Law 91-173), sion may require. Applicant’s financial condition and fu­ ture prospects are dependent on those notice is hereby given that requests for K e n n e t h F . P l u m b , public hearing as to an application for Secretary. of Bank. The financial and managerial resources and future prospects of Bank renewal may be filed within 15 days after [FR Doc.71-17808 Filed 12-3-71;8:51 am] are generally satisfactory and consistent publication of this notice. Requests for with approval of the application. Al­ public hearing must be completed in though consummation of the proposal would not have any immediate effects on accordance with 30 CFR, Part 505 (35 FEDERAL RESERVE SYSTEM the convenience and needs of the com­ F.R. 11296, July 15, 1970), copies of ASSOCIATED BANK CORP. munity, considerations related to these which may be obtained from the Panel factors are consistent with approval. It on request. Order Approving Action To Become a is the Board’s judgment that consum­ Copies of renewal applications are mation of the proposal would be in the Bank Holding Company available for inspection and requests for public interest and that the application In the matter of the application of should be approved. public hearing may be filed in the office Associated Bank Corp., Des Moines, Iowa, I t is hereby ordered, On the basis of o f the Correspondence Control Officer, for approval of action to become a bank the record, that said application be and Interim Compliance Panel, Eighth Floor, holding company through acquisition of hereby is approved for the reasons sum­ 1730 K Street NW., Washington, DC 55 percent or more of the voting shares marized above: Provided, That the ac­ 20006. of Iowa Trust & Savings Bank, Esther- tion so approved shall not be consum­ G eorge A. H o r n b e c k , ville, Iowa. mated (a) before the 30th calendar day Chairman, There has come before the Board of following the date of this order or (b) Interim Compliance Panel. Governors, pursuant to section 3(a) ( 1 ) later than 3 months after the date of of the Bank Holding Company Act of this order, unless such period is extended N o v em ber 30, 1971. 1956 (12 U.S.C. 1842(a) (1 )) and § 222.3 for good cause by the Board or by the [F R Doc.71-17747 Filed 12-3-71,8:50 am ] (a) of Federal Reserve Regulation Y (12 Federal Reserve Bank of Chicago pursu­ CFR 222.3(a)), an application by Asso­ ant to delegated authority. ciated Bank Corp., Des Moines, Iowa, for IMPERIAL SMOKELESS COAL CO. the Board’s prior approval of action By order of the Board of Governors,1 whereby applicant would become a bank November 30, 1971. Applications for Renewal Permits; holding company through the acquisition [ s e a l ] T y n a n S m it h , Notice of Opportunity for Public of 55 percent or more of the voting shares Secretary of the Board. Hearing of Iowa Trust & Savings Bank, Esther- ville, Iowa (Bank). [F R Doc.71-17725 Filed 12-3-71 ;8:46 am ] Applications for Renewal Permits for As required by section 3(b) of the Act, Noncompliance with the Electric Face 1 Voting for this action: Chairman Burns Equipment Standard specified in the the Board gave written notice of receipt and Governors Mitchell, Daane, Maisel, Brim­ of the application to the Iowa Superin­ mer and Sherrill. Absent and not voting: Federal Coal Mine Health and Safety tendent of Banking and requested his (Governor Robertson. Act of 1969 have been received as follows:

FEDERAL REGISTER, VOt. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23182 NOTICES

ICP Docket No. 3080 000, Imperial Smokeless Thomas E. Weaver, 2131 Redfern Road, Jack- trol of Kent Capital Corp. (Kent), Li­ Coal Co., Quinwood Mine No. 7, USBM ID sonviUe, FL 32207. Treasurer and Director. cense No. 02/02-0251, 530 Morgan Ave­ No. 46 01474 0, Leivasy, Nicholas County, Carl L. Hasty, 5349 Contina Avenue, Jackson­ nue, Brooklyn, N Y 11222, á Federal W. Va., ICP Permit No. 3080 002 (Joy ville, PL 32211. Assistant Secretary— Treas­ Licensee under the Small Business In­ Loader, Ser. No. 9111), ICP Permit No. urer and Director. Judson S. Whorton, 5443 John Reynolds vestment Act of 1958, as amended. 3080 008 (Joy Cutting. Machine, Ser. No. Kent was licensed on June 26, 1964, 17429), ICP Permit No. 3080 015 (Galis Drive, Jacksonville, FL 32211. Director. Roof Drill, Ser. No. 1171204), ICP Permit The Atlantic National Bank of Jacksonville, with a paid-in capital and surplus of No. 3080 022 (Joy Shuttle Car, Ser. No. 121 Hogan Street, Jacksonville, PL 32202. $154,000. Its present capital and surplus ET8973), ICP Permit No. 3080 024 (Joy 21 percent. is $154,000. It has 7,700 shares of issued Shuttle Car, Ser. No. ET8974). Barnett Bank of Jacksonville, 100 Laura and outstanding common stock held by Street, Jacksonville, FL 32202. 21 percent. three stockholders. In accordance with the provisions of The Independent Life & Accident Insurance The stockholders of Small Business section 305(a) (7) of the Federal Coal Co., 233 West Duval Street, Jacksonville, Electronics Investment Corporation Mine Health and Safety Act of 1969 (83 FL 32202. 21 percent. (SBEIC), License No. 02/02-0026, 120 Stat. 742, et seq., Public Law 91-173), Jacksonville National Bank, 51 West Forsyth Street, Jacksonville, FL 32202. 21 percent. Broadway, Lynbrook, N Y 11563, a Fed­ notice is hereby given that requests for eral Licensee under the Small Business public hearing as to an application for The applicant, a Florida corporation, Investment Act of 1958, as amended, renewal may be filed within 15 days with its principal place of business lo­ propose to purchase individually all of after publication of this notice. Requests cated at 604 Hogan Street, Jacksonville, the outstanding stock of Kent presently for public hearing must be completed in FL 32202, will begin operations with held by Messrs. Joseph DiVito, Anthony accordance with 30 CFR, Part 505 (35 $475,000 of paid-in capital, consisting of Frank DiVito, and Raymond Anthony F.R. 11296, July 15, 1970), copies of 4,750 shares of common stock. DiVito, in proportion to their stock own­ which may be obtained from the Panel Applicant will not concentrate its in­ ership in SBEIC as an interim step in on request. vestments in any particular industry. the merger of the two SBICs. The surviv­ Copies of renewal applications are According to the company’s stated in­ ing licensee will be SBEIC. available for inspection and requests for vestment policy, its investments will be The names and address of the officers, public hearing may be filed in the office made solely in small business concerns directors, and stockholders of SBEIC are of the Correspondence Control Officer, which will contribute to a well-balanced as follows: Interim Compliance Panel, Eighth Floor, national economy by facilitating owner­ 1730 K Street NW., Washington, DC ship in such concerns by persons whose Percent 20006. participation in the free enterprise sys­ owned G eorge A. H o r n b e c k , tem is hampered because of social or Name and address Title of out­ standing Chairman, economic disadvantages. stock Interim Compliance Panel. Matters involved in SBA’s considera­ N o v em ber 29, 1971. tion of the applicant include the gen­ Leonard Randell, 99 North President and 44.444 eral business reputation and character Cambridge St., Malverne, director [P R Doc.71-11748 Piled 12-3-71;8:50 am] N Y 11565. of the management, and the probability Selig Beckman, 47 Tillrose Treasurer and 5.555 of successful operation of the applicant Ave., Malverne, NY 11665. director. under their management, including ade­ Louis Yormack, 554 Kirby Secretary and 11.111 Dr., Elmont, N Y 11003. director. quate profitability and financial sound­ Albert Sayfer, 100 North ...... ------5.556 SMALL BUSINESS ness, in accordance with the Small Busi­ Cambridge St., Malverne, N Y 11565. ■ ' ADMINISTRATION ness Investment Act and the SBA rules Leo Beckman, 116-45 71st — ...... 5.556 and regulations. Rd., Forest Hills, N Y [ Application 04/05-5103] 11375. Any interested person may, not later Peri C. Krown, 157 Hemp- ...... 1U11 than 15 days from the date of publica­ stead Ave, Lynbrook, FLORIDA CROWN MINORITY ENTER­ N Y 11563. ' . ^ PRISE SMALL BUSINESS INVEST­ tion of this notice, submit to SBA, in Seymour Kaplan, 169 West- — ...... 5.556 writing, relevant comments on file pro­ wood Circle, Roslyn, N Y MENT CO. posed MESBIC. Any such communica­ Stanley Meisels, 1345 Noel Assistant 5.5555 Notice of Application fora License as tion should be addressed to the Asso­ Ave, Hewlett, N Y 11557. secretary ciate Administrator for Operations and Walter Kovler, 1655 Flatbush------5.5555 a Minority Enterprise Small Busi­ Ave, Brooklyn, N Y Investment, Small Business Administra­ 11210. ness. Investment Company tion, 1441 L Street NW., Washington, An application for a license to operate DC 20416. Matters involved in SBA’s considera­ as a minority enterprise small business A copy of this notice shall be published tion of the application include the gen­ investment company (MESBIC) under in a newspaper of general circulation eral business reputation and character the provisions of the Small Business In ­ in Jacksonville, Fla. of the proposed new owners, and the vestment Act of 1958, as amended (15 Dated: November 23, 1971. probability of successful operation of the U.S.C. 661 et seq.), has been filed by company under their control and man­ Florida Crown Minority Enterprise Small A. H. S in g e r , agement in accordance with the Act and Business Investment Co. (applicant) Associate Administrator for regulations. with the Small Business Administration Operations and Investment. Notice is further given that any inter­ (SBA) pursuant to § 107.102 of the SBA [FR Doc.71-17728 Filed 12-3-71:8:45 am] ested person may submit comments on rules and regulations governing small the proposed transfer of control to the business investment companies (13 CFR Associate Administrator for Operations 107.102 (1971)). KENT CAPITAL CORP. and Investment, Small Business Admin­ istration, 1441 L Street NW., Washing­ The officers, directors, and principal Notice of Filing of Application for ton, DC 20416, within 15 days after date stockholders ( 1 0 percent or more) of the Transfer of Control of Licensed of publication of this notice. applicant are as follows: Small Business Investment Com­ A similar notice shall be published by the proposed purchasers in a newspaper Lawrence W. McIntosh, 350 Ponte Vedra pany Boulevard, Ponte Vedra Beach, PL 32082. of general circulation in Brooklyn, N.Y. Notice is hereby given that an appli­ President and Director. Dated: November 23, 1971. Roland S. Kennedy, 4614 Arlon Lane, Jack­ cation has been filed with the Small sonville, FL 32210. Vice President and Di­ Business Administration (SBA) pursuant A. H. S in g e r , rector. to § 107.701 of the regulations governing Associate Administrator for Alan D. Hetzel, 3500 Townsend Boulevard, small business investment companies (13 Operations and Investment. Apt. 233, Jacksonville, PL 32211. Secretary [FR Doc.71-17729 Filed 12-3-71:8:45 am] and Directqr. CFR 107.701 (1971)) for transfer of con­

FEDERAL REGISTER, V O L 36, NO. 234— SATURDAY, DECEMBER 4, 1971 NOTICES 23183

[Notice 404] North Limington, Standish, Gorham, and INTERSTATE COMMERCE MOTOR CARRIER TEMPORARY Portland, Maine, to the Atlantic Ocean, points in that part of Connecticut and COMMISSION AUTHORITY APPLICATIONS Massachusetts, west of a line beginning N ovember 30, 1971. at New Haven, Conn., and extending ASSIGNMENT OF HEARINGS The following are notices of filing of north through Hamden, West Cheshire, Southington, Plainville, Farmington, and D ecem ber 1, 1971. applications for temporary authority West Granby, Conn., and Westhampton, Cases assigned for hearing, postpone­ under section 210a(a) of the Interstate Commerce Act provided for under the Shelburne, and Colrain, Mass., to the ment, cancellation or oral argument ap­ Massachusetts-Vermont State line, and pear below and will be published only new rules of Ex Parte No. MC-67 (49 CFR Part 1131), published in the F ed­ points in New York and New Jersey, re­ once. This list contains prospective as­ eral R eg ist e r , issue of April 27, 1965, turned or damage shipments of the signments only and does not include effective July 1, 1965. These rules pro­ above-described commodities, from the cases previously assigned hearing dates. vide that protests to the granting of an above-described destination points to The hearings will be on the issues as application must be filed with the field Marlboro, Mass., for 180 days. Restric­ tion: The operations authorized herein presently reflected in the Official Docket official named in the F ederal R e g ister are limited to a transportation service of the Commission. An attempt will be publication, Within 15 calendar days after the date of notice of the filing of to be performed, under a continuing con­ made to publish notices of cancellation the application is published in the F ed ­ tract, or contracts, with Stop & Shop, of hearings as promptly as possible, but eral R e g ist e r . One copy of such protests Inc. Supporting shipper: The Stop & interested parties should take appropri­ must be served on the applicant, or its Shop Cos., Inc., 393 D Street, Boston, ate steps to insure that they are notified authorized representative, if any, and MA 02110. Send protests to: District Supervisor Max Gorenstein, Interstate of cancellation or postponements of the protests must certify that such serv­ Commerce Commission, Bureau of Op­ hearings in which they are interested. ice has been made. The protests must be specific as to the service which such pro- erations, John F. Kennedy Federal No. 35085, Edward S. Watts et al. v. Missouri- testant can and will offer, and must Building, Room 2211B, Government Cen­ Kansas-Texas Railroad Co., assigned De­ consist of a signed original and six ter, Boston, Mass. 02203. cember 6, 1971, canceled and reassigned for hearing February 28, 1972, at Dallas, copies. No. MC 66562 (Sub-No. 2344 T A ), filed Tex., in a hearing room to be later A copy of the application is on file, November 24,1971. Applicant: REA EX­ designated. and can be examined at the Office of PRESS, INC., 219 East 42d Street, New MC 101186 Sub 11, Arledge Transfer, Inc., the Secretary, Interstate Commerce York, N Y 10017. Applicant’s representa­ now assigned December 6, 1971, at Des Commission, Washington, D.C., and also tives: Theodore Polydoroff, 1140 Con­ Moines, Iowa, is postponed indefinitely. in field office to which protests are to be necticut Avenue NW., Washington, DC MC 107299 Sub 8, Roberts Cartage Co., now M otor C arriers o f P r o p e r t y 20036, and Arthur M. Wisehart (same assigned January 17, 1972, at Chicago, m ., transmitted. postponed Indefinitely. address as applicant). Authority sought MC-C 7409, City Dray Line v. Roadway Ex­ No. MC 7228 (Sub-No. 41 TA), filed to operate as a common carrier, by motor press, Inc. et al., now being assigned hear­ November 19, 1971. Applicant: COAST vehicle, over irregular routes, transport­ ing January 18,1972, at Harrisburg, Pa., in TRANSPORT, INC., 1906 Southeast 10th ing: General commodities (except com­ a hearing room to be later designated. Avenue, Portland, OR 97214. Applicant’s modities in bulk, uncrated used house­ MC 133327 Sub 2, Melburn Truck Lines Co., representative: Mick I. Goyak, 404 Ore­ hold goods and commodities which be­ Ltd., now being assigned January 31, 1972, cause of size and weight require special at New York, N.Y., in a hearing room to gon National Building, 610 Southwest be later designated. Alder Street, Portland, OR 97205. Au­ equipment), in express service, between MC-F 11262, Consolidated Freightways Corp. thority sought to operate as a common points in the United States, subject to of Delaware— Purchase (Portion)—Lewis- carrier, by motor vehicle, over irregular the following restrictions: ( 1 ) No serv­ burg Transfer Co., Inc., now assigned De­ routes, transporting: Bananas, from Se­ ice shall be rendered in the transporta­ cember 7, 1971, at Washington, D.C., can­ attle, Wash., to points in Oregon and tion of any piece weighing more than celed and transferred to Modified Proce­ Washington, for 180 days. Supporting 1 , 0 0 0 pounds: ( 2 ) no service shall be ren­ dure. dered in the transportation of any ship­ MC-F 11102, the Aetna Freight Lines, Inc.— shipper: Chiquita Brands, Inc. 1250 ment weighing more than 1 0 , 0 0 0 pounds ; Control and Merge— Watson Bros. Van Broadway, New York, N Y 10001. Send Lines and Heavy Hauling Co., now assigned protests to: District Supervisor W. J. and (3) service shall be limited to traffic February 2, 1972, at Chicago, HI., is can­ Huetig, Interstate Commerce Commis­ moving between those points in the celed and transfered to Modified Proce­ sion, Bureau of Operations, 450 Mult­ United States which are listed in REA dure. nomah Building, 319 southwest Pine tariffs published and on file with the In ­ MC 113267 Sub 259, Central & Southern Street, Portland, OR 97204. terstate Commerce Commission as of Truck Lines, now assigned December 9, November 15, 1971, for 180 days. Sup­ 1971, at Kansas City, HI., canceled and No. MC 17829 (Sub-No. 15 TA), filed ported by: Filed with this application are application dismissed. November 19, 1971. Applicant: DiSILVA letters and telegrams of support from MC 127450 Sub 7, T. Q. Garland, doing TRANSPORTATION, INC., 42 Middlesex approximately 1 , 0 0 0 shippers and asso­ business as B & W Freight Lines, now Avenue, Somerville, M A 02145. Appli­ being assigned hearing February 7, 1972, ciations. These statements along with cant’s representative: Frank J. Weiner, 6 at Oklahoma City, Okla., in a hearing room the application may be examined at the to be designated later. Beacon Street, Boston, MA 02108. Au­ following offices of the Commission— MC 134542 Sub 4, Quick-Livick, Inc:, assigned thority sought to operate as a contract Boston, Mass. Philadelphia, Pa., Atlanta, for hearing January 31, 1972, at Lexington, carrier, by motor vehicle, over irregular Ga., Chicago, HI., Forth Worth, Tex., Va., canceled and reassigned for hearing routes, transporting: Such merchandise San Francisco, Calif., and Washington, on January 24, 1972, at Lexington, Va., in as is dealt in by wholesale, retail and Room 517, Doremus Gym, Washington & D.C., office of the Commission. Send pro­ chain grocery and food business houses tests to: Stephen P. Tomany, District Lee University, Lexington, Va. and in connection therewith, equipment, Investigation and Suspension Motor 25305, materials, and supplies used in the con­ Supervisor, Interstate Commerce Com­ Bus Passenger Fares, Rockland Coaches, mission, Bureau of Operations, 26 Fed­ Inc., now being assigned hearing on Jan­ duct of such business (except in bulk, in uary 19, 1972, at New York, N.Y., in a hear­ tank vehicles), from Marlboro, Mass., to eral Plaza, Room 1807, New York, NY ing room to be later designated. Concord, N.H., points in that part of 10007. Maine south of a line beginning at the [ seal] R o bert L . O s w a l d , Maine-New Hampshire State line, near No. MC 66753 (Sub-No. 7 TA), filed Secretary. Porter, Maine, and extending east along November 18, 1971. Applicant: CHAIN [FR Doc.71-17784 Filed 12-3-71;8:49 am ] Maine Highway 25 through Cornish, HAULAGE, INC., 15 Hastings Road,

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23184 NOTICES

Lexington, MA 02173. Applicant’s rep­ No. MC 95304 (Sub-No. 14 T A ), filed sought to operate as a common carrier, resentative: Frank J. Weiner, 6 Beacon November 23, 1971. Applicant: NORTH­ by motor vehicle, over irregular routes, Street, Boston, MA 02108. Authority ERN NECK TRANSFER, INC., Montross, transporting: Magna flux oil, in bulk, in sought to operate as a contract carrier, Va. 22520. Applicant’s representative: tank vehicles, from Cyril, Okla., to by motor vehicle, over irregular routes, L. C. Major, Jr., 421 King Street, Alex­ Portage, Wis., and Dayton, Ohio, for transporting: Such merchandise as is andria, VA 22314. Authority sought~to 150 days. Supporting shipper: Ashland dealt in by wholesale, retail and chain operate as a common carrier, by motor Chemical Co., 2854 Springboro Pike, grocery and food business houses and vehicle, over irregular routes, transport­ Dayton, OH 45439. Send protests to: Ellis in connection therewith, equipment, ing: Building materials, lumber, treated L. Annett, District Supervisor, Interstate materials, and supplies used in the con­ piles, and piling; ( 1 ) between points in Commerce Commission, Bureau of Op­ duct of such business (except in bulk, Westmoreland County, Va., on the one erations, 677 Federal Building, Des in tank vehicles), from Marlboro, Mass., hand, and, on the other, points in that Moines, Iowa 50309. to points in Maine, New Hampshire, portion of Virginia on and east of a line No. MC 108393 (Sub-No. 54 TA),, filed Vermont, Rhode Island, Connecticut, extending from the West Virginia- November 19, 1971. Applicant: SIGNAL New York, and New Jersey, returned or -Virginia State line over U.S. Highway 11 DELIVERY SERVICE, INC., 930 North damaged shipments of the above-de­ to its junction with U.S. Highway 220, York Road, Room 214, Hinsdale, IL scribed commodities, from the above- at or near Roanoke, Va., and thence over 60521. Applicant’s representative: Eu­ described destination points to Marl­ U.S. Highway 220 to its junction with the gene L. Cohn, 1 North La Salle Street, boro, Mass. Restriction: The operations Virginia-North Carolina State line, south Chicago, IL 60602. Authority sought to authorized herein are limited to a trans­ of Martinsville, Va.; and (2) from War­ operate as a contract carrier, by motor portation service to be performed under a saw, Va., to points in Connecticut, Mas­ vehicle, over irregular routes, trans­ continuing contract, or contracts with sachusetts, New Hampshire, Vermont, porting: Parts of electrical and gas ap­ Stop & Shop, Inc., for 180 days. Sup­ Maine, and Rhode Island, for 180 days. pliances, and equipment, materials, and porting shipper: Stop & Shop Cos., Inc., N o t e : Applicant intends to tack item supplies used in the manufacture, dis­ 393 D Street, Boston, MA 02110. Send No. 1 with its existing authority to trans­ tribution, and repair of electrical or protests to: Assistant Regional Director port “ Building materials” between points gas appliances, for the account of Whirl­ James F. Martin, Jr., Bureau of Opera­ in Northumberland, Lancaster, West­ pool Corp. from Muncie, Ind., to Find­ tions, Interstate Commerce Commission, moreland, and Richmond Counties, Va., lay, Ohio, for 180 days. Supporting John F. Kennedy Federal Building, and points in that part of King George shipper: Carl R. Anderson, Director of Government Center, Boston, Mass. 02203. County, Va., on and east of U.S. High­ Corporate Traffic, Whirlpool Corp., No. MC 82101 (Sub-No. 12 T A ), filed way 301, on the one hand, and, on the Benton, Mich. 49022. Send protests to: November 19, 1971. Applicant: WEST- other, Washington, D.C., and points in William J. Gray, Jr., District Supervisor, WOOD CARTAGE, INC., 62 Everett North Carolina, West Virginia, Mary­ Interstate Commerce Commission, Street, Westwood, MA 02090. Applicant’s land, Delaware, Pennsylvania, New Bureau of Operations, Everett McKinley Jersey, and New York. Supporting ship­ representative: Frank J. Weiner, 6 Bea­ Dirksen Building, 219 South Dearborn con Street, Boston, MA 02108. Authority pers: Byrd & Son, Inc., East Walpole, Street, Room 1086, Chicago, IL 60604. sought to operate as a contract carrier, Mass.; DeJamette Lumber Corp., Mil­ ford, Va.; Brawley-Clarke Lumber Co., No. MC 109637 (Sub-No. 383 T A ), filed by motor vehicle, over irregular routes, November 23, 1971. Applicant: SOUTH­ transporting: Such merchandise, as is Warsaw, Va.; Webster Brick Co., Inc., Roanoke, Va.; Wood Preservers, Inc., ERN TAN K LINES, INC., 10 West Balti­ dealt in by wholesale,-retail and chain more Avenue, ipansdowne, PA 19050. grocery and food business houses and Warsaw, Va.; The Celotex Corp., Tampa, Fla.; Philip Carey Co., Perth Amboy, Applicant’s representative: John Nelson in connection therewith, equipment, (same address as above). Authority materials, and supplies used in the con­ N.J.; Roper Bros. Lumber Co., Inc., Petersburg, Va.; Aylett Lumber Co., Inc., sought to operate as a common carrier, duct of such business (except in bulk, by motor vehicle, over irregular routes, in tank vehicles), from Marlboro, Mass., Aylett, Va. Send protests to: Robert W. Waldron, District Supervisor, Interstate transporting: Sulphur hexaflouride, in to Concord, N.H., points in that part of bulk, in shipper-owned trailers, from Maine south of a line beginning at the Commerce Commission, Bureau of Op­ erations, 10-502 Federal Building, Rich­ Metropolis, HI., to Emmaus, Pa., for 180 Maine-New Hampshire State line near days. Supporting shipper: Allied Chem­ Porter, Maine, and extending east along mond, Va. 23240. ical Corp., Post Office Box 1087R, Morris­ Maine Highway 25 through Cornish, No. MC 107295 (Sub-No. 572 T A ), filed town, NJ 07960. Send protests to: Ross North Limington, Standish, Gorham, November 19,1971. Applicant: PRE-FAB A. Davis, District Supervisor, Interstate and Portland, Maine, to the Atlantic TRANSIT COMPANY, 100 South Main Commerce Commission, Bureau of Op­ Ocean, points in that part of Connecti­ Street, Post Office Box 146, Farmer City, erations, 1518 Walnut Street, Room 1600, cut and Massachusetts west of a line IL 61842. Applicant’s representative: Philadelphia, PA 19102. beginning at New Haven, Conn., and ex­ Bruce J. Kinnee (same address as above). No. MC 110988 (Sub-No. 281 T A ), filed tending north through Hamden, West Authority sought to operate as a com­ November 15, 1971. Applicant: SCHNEI­ Cheshire, Southington, Plainville, Farm­ mon carrier, by motor vehicle, over ir­ ington, and West Granby, Conn., and regular routes, transporting: Finished DER TANK LINES, INC., 200 West Cecil Street, Neenah, W I 54956. Applicant’s Westhampton, Shelburne, and Colrain, and unfinished plywood, from New Or­ Mass., to the Massachusetts-Vermont representative: David A. Petersen (same leans, La., to points in Alabama, Ten­ address as above). Authority sought to State line, and points in New York and nessee, Georgia, Mississippi, Indiana, and operate as a common carrier, by motor New Jersey, returned or damaged ship­ Florida, for 180 days. Supporting ship­ ments of the above-described commod­ vehicle, over irregular routes, transport­ per: J. D. Prince, President, Plywood ing: Foundry sand such as chrome sand ities, from the above-described destina­ Panels, Inc., Post Office Box 15435, New tion points to Marlboro, Mass. Restric­ and zircon sand; and foundry sand addi­ Orleans, LA 70115. Send protests to: tives consisting of clay ground coal, wood tion: The operations authorized herein Harold C. Jolliff, District Supervisor, Bu­ are limited, to a transportation service to flour or other "binding or treating in-- reau of Operations, Interstate Commerce gredients, in bulk, in hopper-type vehi­ be performed, under a continuing con­ Commission, 325 West Adams Street, tract, or contracts with Stop & Shop, Inc., cles, from Columbus, Ohio, to points in Room 476, Springfield, IL 62704. for 180 days. Supporting shipper: The Indiana, for 180 days. Supporting ship­ per: American Colloid Co., 5100 Suffield Stop & Shop Cos., Inc., 393 D Street, No. MC 107496 (Sub-No. 828 T A ), filed November 19, 1971. Applicant: RUAN Court, Skokie, IL 60067 (Ronald William­ Boston, MA 02110. Send protests to: son, Assistant Traffic Manager). Send John B. Thomas, District Supervisor, TRANSPORT CORPORATION, Keosua- protests to: District Supervisor Lyle D. Interstate Commerce Commission, Bu­ qua Way at Third Street (Post Office Heifer, Interstate Commerce Commis­ reau of Operations, John F. Kennedy Box 855, 50304), Des Moines, IA 50309. sion, Bureau of Operations, 135 West Federal Building, Room 211-B, Govern­ Applicant’s representative: H. L. Fabritz Wells Street, Room 807, Milwaukee, Wis. ment Center, Boston, Mass. 02203. (same address as above). Authority 53203.

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 NOTICES 23185

No. MC 111045 (Sub-No. 87 TA ), filed ings Road, Syracuse, N.Y.; Harbisons tana, CA 92335. Applicant’s representa­ November 19, 1971. Applicant: RED­ Dairies, Kensington and Huntingdon tive: Ernest D. Salm, 3846 Evans Street, WING CARRIERS, INC., Post Office Box Park Avenues, Philadelphia, PA 19124; Los Angeles, CA 90027. Authority sought 426, 7809 Palm Road, Tampa, FL 33601. 3 M Co., St. Paul, Minn. 55101; Physi­ to operate as a common carrier, by motor Applicant’s representative: J. V. McCoy cians Billing Service, 210 Scott Street, vehicle, over irregular routes, transport­ (same address as above). Authority Warren, Ohio; Boise Cascade Corp., Post ing: ( 1 ) Polyester fiber, weighing less sought to operate as a common carrier, Office Box 7747, Boise, Idaho 83707; Ab­ than 1 pound per cubic foot, from Oak­ by motor vehicle, over irregular routes, bott Laboratories, Abbott Park, North land, Calif., to points in Oregon and transporting: Molten sulphur, from Chicago, 111. 60064; AVCO New Idea Washington; ( 2 ) urethane foam, weigh­ points in Escambia County, Ala.; Escam­ Farm Equipment Division, Coldwater, ing 4 pounds or less per cubic foot, from bia and Santa Rosa Counties, Fla., to Ohio 45828. Send protests to: Anthony Sacramento, Calif., to points in Arizona, points in Louisiana, Mississippi, Ala­ Chiusano, District Supervisor, Interstate Idaho, Nevada, Oregon, Utah, and Wash­ bama, Georgia, and Florida, for 180 days. Commerce Commission, Bureau of Op­ ington; (3) polystyrene products (ex­ Supporting shipper: Freeport Sulphur erations, 26 Federal Plaza, New York, panded plastic articles), weighing 4 Co., 161 East 42d Street, New York, N Y N.Y. 10007. pounds or less, per cubic foot from Pico 10017. Send protests to: District Super­ No. MC 129870 (Sub-No. 6 T A ), filed Rivera, Calif., to points in Arizona, visor Joseph B. Teichert, Interstate Com­ Texas, Idaho, Nevada, New Mexico, merce Commission, Bureau of Opera­ November 18, 1971. Applicant: GAS IN ­ CORPORATED, 95 East Merrimack Oregon, Utah, and Washington; ( 4 ) tions, 5720 Southwest 17th Street, Room polystyrene products (expanded plastic 105, Miami, FL 33155. Street, Lowell, MA 01853. Authority sought to operate as a contract carrier, articles), weighing 2 pounds or less per No. MC 111729 (Sub-No. 326 T A ), filed by motor vehicle, over irregular routes, cubic foot, from Napa, Calif., to points in November 19, 1971, Applicant: AM ER­ transporting: Liquid methane, in bulk, Idaho, Oregon, Utah, and Washington; ICAN COURIER CORPORATION, 2 from Carlstadt, N.J., to Holbrook, N.Y., (5) fiber drums, and their closures and Nevada Drive, Lake Success, N Y 11040. for 180 days. Supporting shipper: Long ends, from Bell and La Palma, Calif., to Applicant’s representative: John M. Island Lighting Co., 250 Old Colony points in Arizona; ( 6 ) cans, can closures, Delany (same address as above). Au­ Road, Mineola, N.Y. 11501. Send protests and can ends, from San Francisco, Calif., thority sought to operate as a common to: James F. Martin, Jr., Assistant Re­ to points in Nevada, Oregon, Utah, and carrier, by motor vehicle, over irregular gional Director, Bureau of Operations, Washington; and (7) returned rejected, routes, transporting: (1) Business Interstate Commerce Commission, Bos­ and refused commodities described in papers, records, and audit and account­ ton, Mass. 02203. ( 1 ) through ( 6 ) above, from the respec­ ing media of all kinds,, between Syra­ tive destinations shown above to the re­ cuse, N.Y., on the one hand, and, on No. MC 136153 (Sub-No. 1 TA), filed spective origins shown above, for 180 the other; (a) Paulsboro, N.J., and November 18, 1971. Applicant: FRANK­ days. Supporting shippers: Burkart, 2320 points in Bergen County, N.J.; Bucks, LIN A. MILLER, doing business as Livingston Street, Oakland, CA 94606; Dauphin, and York Counties, Pa.; (b) FRANKLIN A. MILLER TRUCKING, Owens/Coming Fiberglas Corp., Con­ between Philadelphia, Pa., BUrtonsville 49 North Sixth West, St. Anthony, ID struction Services Division, Post Office and Waldorf, Md., and Culpeper, Va.; • 83445. Applicant’s representative: Den­ Box F, Sacramento, CA 95813; Dolco (c) between Paramus, N.J., on the one nis M. Olsen, 485 E Street, Idaho Falls, Packaging Corp., 10850 Riverside Drive, hand, and, on the other, Binghamton, ID 83401. Authority sought to operate North Hollywood, CA 91602; American Elmsford, and Melville, N.Y.; (d) be­ as a common carrier, by motor vehicle, Flotation Corp., 3406 Solano Avenue, tween Allentown, Pa., on the one hand, over irregular routes, transporting: ( 1 ) Napa, CA 94558; The Gredf Bros. Coop­ and, on the other, New York, N.Y., Fair- Prefabricated buildings in sections, erage Corp., West Coast Division, 5145 field, N.J., and Washington, D.C.; (e) knocked down flat, and the fittings and Eastern Avenue, O Building S-346, Bell, between Warren, Ohio, on the one hand, component parts thereof, including but CA 90201; Western Can Co., 1849 17th and, on the other, points in Michigan; not limited to air ducts, fans, air condi­ Street, San Francisco, CA 94103. Send (2 ) small office machine parts, restricted tioning units, refrigeration units, heat­ protests to: Walter W. Strakosch, Dis­ against the transportation of packages ing units and similar items; also lumber, trict Supervisor, Interstate Commerce or articles weighing in the aggregate of laminated beams, laminated wooden Commission,, Bureau of Operations, more than 75 pounds from one consignor shapes, particle board and similar items, Room 7708, Federal Building, 300 North to one consignee on any one day, between from points in Fremont County, Idaho, Los Angeles Street, Los Angeles, CA Paramus, N.J., on the one hand, and, on to points in Grant, Franklin, Benton, 90012. and Walla Walla Counties, Wash., and the other, Binghamton,, Elmsford, and By the Commission. Melville, N.Y.; (3) proofs, cuts, copy, points in Illinois, Oregon, Colorado, manuscripts, art work, and mechanicals, Montana, and Wiscohsin; and Box Elder, [ s e a l ] R o bert L. O s w a l d , between Allentown, Pa., on the one hand, Cache, Weber, Utah, and Salt Lake Secretary. Counties, Utah; ( 2 ) iron and steel used and, on the other, New York, N.Y., Fair- [FR Doc.71-17781 Filed 12-3-71;8:49 am] field, N.J., and Washington, D.C.; (4) in construction and manufacture of clinical pathology, consisting of: blood buildings, from points in California, Il­ samples, PAP srr^ears, tissue cultures, linois, and Washington to points in Fre­ [Notice 405] urine specimens; and supplies such as mont County, Idaho; (3) insulating test tubes, slides, test kits and needles, materials, in blocks, sheets, or other MOTOR CARRIER TEMPORARY between Warren, Ohio, on the one hand, forms and shapes, backed or not backed AUTHORITY APPLICATIONS and, on the other, points in Michigan; with paper or foil, also loose in packages, D e cem ber 1 , 1971. (5) microfilm, exposed, unexposed, and from points in California and Washing­ The following are notices of filin g of processed, between Paramus, N.J., on the ton to points in Fremont County, Idaho; one hand, and, on the other, Bingham­ and (4) lumber, from points in Montana applications for temporary authority under section 210a(a) of the Interstate ton, Elmsford, and Melville, N.Y.; (6 ) to points in Fremont County, Idaho, for 180 days. Supporting shipper: Timber Commerce Act provided for under the Tadiopharmaceuticals, radioactive drugs new rules of Ex Parte No. MC-67 (49 and medical isotopes, between points in Span Buildings; 805 West Third North CFR Part 1131), published in the F e d ­ Texas on traffic having an immediately Street, St. Anthony, ID 83445. Send eral R eg ist e r , issue of April 27,1965, ef­ prior or subsequent movement by air; protests to: C. W. Campbell, District fective July 1, 1965. These rules provide and (7) new and used small replacement Supervisor, Interstate Commerce Com­ that protests to the granting of an appli­ Parts for agricultural machinery, be­ mission, Bureau of Operations, 455 Fed­ cation must be filed with the field official tween Coldwater, Ohio, on the one hand, eral Building and U.S. Court House, 550 named in the F ederal R e g ister publica­ and, on the other, points in Illinois, In ­ West Fort Street, Boise, ID 83702. tion, within 15 calendar days after the diana, Kentucky, Michigan, New York, No. MC 136172 TA, filed November 22, date of notice of the filing of the applica­ and Pennsylvania, for 180 days. Sup­ 1971. Applicant: DICK BELL TRUCK­ tion is published in the F ederal R e g is ­ porting shippers: Simtab Inc., 6563 Rid­ ING, INC., 16036 Valley Boulevard, Fon­ ter . One copy of such protests must be

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 No. 231—. 8 23186 NOTICES served on the applicant, or its author­ tions, 711 Federal Office Building, boundary line between the United ized representative, if any, and the pro­ Omaha, Nebr. 68102. States and Canada at or near High- gate Center, Vt., to points in Con­ tests must certify that such service has No. MC 52657 (Sub-No. 6 8 8 T A ), filed been made. The protests must be specific necticut, Massachusetts, New York, New November 19, 1971. Applicant: ARCO Jersey, and Pennsylvania, returned as to t.hp service which such protestant AUTO CARRIERS, INC., 2140 West 79th can and will offer, and must consist of empty containers, from the above de­ Street, Chicago, IL 60620. Applicant’s scribed destination points to the above a signed original and six copies. representative: S. J. Zangri (same ad­ described origin points, for 150 days. A copy of the application is on file, and dress as above). Authority sought to op­ Supporting shipper: Mediterranean can be examined at the Office of the Sec­ erate as a common carrier, by motor ve­ Agencies, a division of American, Israeli retary, Interstate Commerce Commis­ hicle, over irregular routes, transport­ sion, Washington, D.C., and also in field Shipping Co., Inc., 42 Broadway, New ing: Imported foreign-made automobiles York, N Y 10004. Send protests to: Max office to which protests are to be and trucks in secondary truckaway serv­ Gorenstein, District Supervisor, Inter- transmitted. ice, restricted to traffic having a prior state Commerce Commission, Bureau of M otor C arriers o f P r o p e r t y movement by rail, from the site of the Operations, John F. Kennedy Building, j St. Louis-San Francisco Railway Co. Government Center, Boston, Mass. 02203. No. MC 11722 (Sub-No. 28 T A ), filed Freight Yard, Kansas City, Mo., to In ­ November 2< 1971. Applicant: BRADER dependence, Joplin, Kansas City, Liber­ No. MC 104523 (Sub-No. 47 T A ), filed HAULING SERVICE, INC., Post Office ty, Raytown, St. Joseph, Sedalia, and November 22, 1971. Applicant: HUSTON Box 655, Zillah, W A 98953. Authority Springfield, Mo., Dodge City, Hutchin- - TRUCK LINE, INC., Friend, Nebr. 68359. sought to operate as a common carrier, son, Kansas City, Lawrence, Merriam, Applicant’s representative: David R. by motor vehicle, over irregular routes, Salina, Topeka, and Wichita, Kans., and Parker, 605 South 14 Street, Post Office transporting: Paper such as cartons and McCook and North Platte, Nebr., for 180 Box 82028, Lincoln, NE 68501. Authority containers, knocked down flat, not cor­ days. Supporting shipper: D. Rodman, sought to operate as a common carrier, \ rugated, from Benton, Wash., to Pat­ Traffic Manager, Southern Service Co. (a by motor vehicle, over irregular routes, terson, Modesto, Turlock, Santa Clara, subsidiary of Amco, In c.), 10750 West transporting: Tile, cove, adhesives, and and Watsonville, Calif., for 180 days. Grand Avenue, Franklin Park, IL 60131. accessories used in the installation of the Supporting shipper: Container Corp. of Send protests to: Robert G. Anderson, foregoing, from Houston, Tex., to Los j America, 2800 De La Cruz Boulevard, District Supervisor, Interstate Commerce Angeles, Calif., and Kearny, N.J., and j Santa Clara, CA 95050. Send protests to: Commission, Bureau of Operations, Ev­ their respective commercial zones, for J District Supervisor W. J. Huetig, Inter­ erett McKinley Dirksen Building, 219 180 days. Supporting shipper: Uvalde | state Commerce Commission, Bureau of South Dearborn, Room 1086, Chicago, IL Rock Asphalt, Post Office Box 531, San Operations, 450 Multnomah Building, 319 60604. Antonio, T X 78206. Send protests to: Southwest Pine Street, Portland, OR Carroll Russell, District Supervisor, In- | 97204. No. MC 92733 (Sub-No. 3 TA), filed terstate Commerce Commission, Bureau November 19,1971. Applicant: WALLACE No. MC 20722 (Sub-No. 23 TA), filed of Operations, 711 Federal Office Build­ TRANSPORT CO. LIM ITED, 198 ing, Omaha, Nebr. 68102. November 18, 1971. Applicant: M & G Willand Street, Port Colbome, ON CONVOY, INC., Post Office Box 104, 590 Canada. Applicant’s representative: No. MC 113666 (Sub-No. 61 T A ), filed Elk Street, 14210, Buffalo, N Y 14240. William J. Hirsch, 35 Court Street, November 19, 1971. Applicant: FREE-! Applicant’s representative: Eugene C. Buffalo, N Y 14202. Authority sought to PORT TRANSPORT, INC., 1200 Butler j Ewald, Suite 1700, One Woodward Ave­ operate as a common carrier, by motor Road, Freeport, PA 16229. Applicant’s | nue, Detroit, M I 48226. Authority sought vehicle, over irregular routes, transport­ representative: Daniel R. Smetanick to operate as a common carrier, by motor ing: Classes A and B explosives, between (same address as above). Authority vehicle, over irregular routes, transport­ Buffalo and Niagara Falls, N.Y., on the sought to operate as a common carrier, ing: Fiat automobiles, in secondary one hand, and, on the other, ports of by motor vehicle, over irregular routes, movements, in truckaway service, from entry on the international boundary transporting: Dry animal and poultry, Sharon, Vt., to points in Maine, New between the United States and Canada feed ingredients, in bulk, from Willow Hampshire, Vermont, Massachusetts, on the Niagara River, for 150 days. Note: Island, W. Va., to Garden City, Kansas New York, Connecticut, Rhode Island, Applicant intends to tack with all con­ City, and Muncie, Kans., and Des Moines, New Jersey, and Pennsylvania, for 150 curring parties to Niagara Frontier Iowa, for 180 days. Supporting shipper: days. Supporting shipper: Fiat-Roosevelt Tariff Bureau participating carriers American Cyanamid Co., Wayne, N.J. Motors, Inc., 532-540 Sylvan Avenue, En­ tariff. Supporting shippers: Standard 07470. Send protests to: John J. England, j glewood Cliffs, N.J. 07632. Send protests Chemical Ltd., 60 Titan Road, Toronto District Supervisor, Interstate Commerce to: George M. Parker, District Supervi­ 18, ON Canada; Harrisons & Crosfield Commission, Bureau of Operations, 2111 sor, Interstate Commerce Commission, (Canada) Ltd., 4 Banigan Drive, Toronto Federal Building, 1000 Liberty Avenue, Bureau of Operations, 518 Federal Office 17, ON Canada. Send protests to: Pittsburgh, PA 15222. Building, 121 Ellicott Street, Buffalo, N Y George M. Parker, District Super­ No. MC 117255 (Sub-No. 1 T A ), filed 14203. visor, Interstate Commerce Commission, November 19, 1971. Applicant: IOWA No. MC 25869 (Sub-No. 110 TA ), filed Bureau of Operations, 612 Federal REFRIGERATED EXPRESS, INC., Post November 22, 1971. Applicant: NOLTE Building, 111 West Huron Street, Buffalo, Office Box 3145, Des Moines, IA 50316. j BROS. TRUCK LINES, INC., Post Office N Y 14202. Office: 5300 Hubbell, Altoona, IA 50009. Box 7184, 4734 South 27th Street, Oma­ No. MC 94842 (Sub-No. 6 TA), filed Applicant’s representative: William L. ha, NE 68107. Applicant’s representative: November 22, 1971. Applicant: ROBERT Fairbank, 900 Hubbell Building, Des Donald L. Stern, 530 Univac Building, CROCKET, INC., 102 Crescent Avenue, Moines, Iowa 50309. Authority sought to Omaha, Nebr. 68106. Authority sought Chelsea, MA 02150. Applicant’s repre­ operate as a common carrier, by motor to operate as a common carrier, by motor sentative: Frank J. Weiner, 6 Beacon vehicle, over irregular routes, transport­ vehicle, over irregular routes, transport­ Street, Boston, MA 02108. Authority ing: Meats, meat products, meat byprod­ ing: Frozen foods, from the facilities of sought to operate as a common carrier, ucts, and articles distributed by meat Kitchens of Sara Lee, Inc., at or near by motor vehicle, over irregular routes, packinghouses, as described in sections Deerfield and Chicago, 111., to points in transporting: General commodities (ex­ A and C of appendix 1 to the report in Colorado, Connecticut, Delaware, Dis­ cept those of unusual value, classes A Descriptions in Motor Carrier Certifi­ trict of Columbia, Maryland, Massachu­ and B explosives, household goods as cates, 61 M.C.C. 209 and 766 (except setts, New Jersey, New York, Pennsyl­ defined by the Commission, commodities hides and commodities in bulk), from vania, Rhode Island, Virginia, and West in bulk, and those requiring special the plantsite of Tama Meat Packing Virginia, for 180 days. Supporting ship­ equipment), in containers, having a Corp., near Tama, Iowa, to points per: Kitchens of Sara Lee, Inc., Deer­ prior or subsequent movement by in Illinois, Indiana, Michigan, Minne­ field, m. Sent protests to: Carroll Rus­ water carrier and motor carrier, from sota, Ohio, Pennsylvania, South Dakota, sell, District Supervisor, Interstate Com­ and Wisconsin, for 180 days. Supporting merce Commission, Bureau of Opera­ ports of entry on the international

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 NOTICES 23187

shipper: Tama Meat Packing Corp., No. MC 127505 (Sub-No. 49 T A ), filed pallets and brewery materials, supplies, Tama, Iowa 52339. Send protests to: Ellis November 22,1971. Applicant: RALPH H. and ingredients, from points in North L. Annett, District Supervisor, Interstate BOELK, doing business as BOELK Dakota to Olympia, Wash., for 180 days. Commerce Commission, Bureau of Oper­ TRUCK LINES, Route No. 2, Mendota, Supporting shipper: Olympis Brewing ations, 677 Federal Building, Des Moines, IL 61342. Applicant’s representative: Co., Post Office Box 947, Olympia, WA Iowa 50309. Walter Kobos (same address as above). 98501. Send protests to: J. H. Ambs, Dis­ No. MC 124327 (Sub-No. 2 TA), filed Authority sought to operate as a common trict Supervisor, Interstate Commerce November 18, 1971. Applicant: BYFORD carrier, by motor vehicle, over irregular Commission, Bureau of Operations, Post CONTRACT CARRIER CORPORA­ routes, transporting: Steel pallet rack Office Box 2340, Fargo, ND 58102. TION, Post Office Box 261, Selmer, assemblies and parts thereof, from Men­ dota and Streator, HI., to Fort Madison, No. MC 134201 (Sub-No. 2 T A ), filed TN 38375. Applicant’s representative: November 22,1971. Applicant: JAMES V. Walter Harwood, Suite 1822, Parkway Iowa, for 180 days. Supporting shipper: Conco, Inc., Mendota, 111. 61342. Send PALMER, doing business as JIM Towers, 404 James Robertson Parkway, PALMER TRUCKING, 1618 Humble Nashville, TN 37219. Authority sought to protests to: William J. Gray, Jr., District Supervisor, Interstate Commerce Com­ Road, Missoula, M T 59801. Applicant’s operate as a contract carrier, by motor representative: Jerome Anderson, 404 vehicle, over irregular routes, transport­ mission, Bureau of Operations, Everett McKinley Dirksen Building, 219 South North 31st Street, Billings, M T 59101. ing: (1) Salad dressings, moving in in­ Authority sought to operate as a contract sulated trailers, from Nashville, Tenn., Dearborn Street, Room 1086, Chicago, IL 60604. carrier, by motor vehicle, over irregular to points in Arizona, California, Okla­ routes, transporting: Lumber and wood homa, and Texas; and (2) canned tomato No. MC 128355 (Sub-No. 8 TA), filed products, from points in Beaverhead, products, from points in California to November 22, 1971. Applicant: HURLI- Flathead, Lake, Missoula, Ravalli, and Nashville, Tenn., for 180 days. Support­ MAN TRUCKING COMPANY, Post Of­ Sanders Counties, Mont., to points in ing shipper: Mike Rose Foods (Mike fice Box 17204, Portland, OR 97217. Ap­ North Dakota, South Dakota, Nebraska, Rose, President) 1000 Jo Johnston Ave­ plicant’s representative: David C. White, Minnesota, Iowa, and Wisconsin, for 180 nue, Nashville, TN 37202. Send protest to: Farley Building, 2400 Southwest Fourth days. Supporting shipper: P & M Sales C. L. Phillips, District Supervisor, Inter­ Avenue, Portland, OR 97201. Authority Co., Inc., Post Office Box 1208, Missoula, state Commerce Commission, Bureau of sought to operate as a contract carrier, M T 59801. Send protests to: Paul J. Operations, Room 240, Old Post Office by motor vehicle, over irregular routes, Labane, District Supervisor, Interstate Building, 215 Northwest Third, Okla­ transportings Foodstuffs, in mechani­ Commerce Commission, Bureau of Op­ homa City, O K 73102. cally refrigerated vehicles, for the ac­ erations, Room 251, U.S. Post Office No. MC 126276 (Sub-No. 61 TA ), filed count of Rich Products Corp., between Building, Billings, Mont. 59101. points in the United States except Ar­ November 19, 1971. Applicant: FAST No. MC 134910 (Sub-No. 5 T A ), filed MOTOR SERVICE, INC., 12855 South kansas, Louisiana, Mississippi, Tennes­ see, Alabama, Georgia, North Carolina, November 22, 1971. Applicant: CALLIS Ponderosa Drive, Palos Heights, IL. Ap­ TRUCKING, INC., Box 25, Clay and plicant’s representative: Albert A. An- South Carolina, and Florida, for 180 days. Supporting shipper: Rich Products Market Streets, Centerton, IN 46116. drin, 29 South LaSalle Street, Chicago, Applicant’s representative: Warren C. IL 60603. Authority sought to operate Corp., 1145 Niagara Street, Buffalo, N Y 14213. Send protests to: District Super­ Moberly, 777 Chamber of Commerce as a contract carrier, by motor vehicle, Building, Indianapolis, Ind. Authority over irregular routes, transporting: visor W. J. Huetig, Interstate Commerce Commission, Bureau of Operations, 450 sought to operate as a contract carrier, Metal containers and metal container by motor vehicle, over irregular routes, ends, from the plantsite of the American Multnomah Building, 319 Southwest Pine Street, Portland, OR 97204. transporting: Processed clay (mortar Can Co. at St. Louis, Mo., to Memphis, mix or admixture) in bags, palletized, or Tenn., for 150 days. Supporting shipper: No. MC 129643 (Sub-No. 8 T A ), filed in containers, from points in Boone William A. Frazier, Transportation Co­ November 22,1971. Applicant: GEORGE County, Iowa, to points in the State of ordinator, American Can Co., 200 South SMITH, doing business as GEORGE Indiana, for 180 days. Supporting ship­ Michigan Avenue, Chicago, IL 60604. SMITH TRUCKING CO., 433 Mountain per: Architectural Brick Sales, 7172 Send protests to: Robert G. Anderson, Avenue, Winnipeg, MB Canada. Author­ North Keystone Avenue, Indianapolis, District Supervisoiy Interstate Commerce ity sought to operate as a common IN. Send protests to: James W. Haber- Commission, Bureau of Operations, carrier, by motor vehicle, over irregular mehl, District Supervisor, Interstate Everett McKinley Dirksen Building, 219 routes, transporting: Bananas, from Commerce-Commission, Bureau of Oper­ South Dearborn Street, Room 1086, Chi­ Seattle, Wash., to ports of entry located ations, 802 Century Building, 36 South cago, IL 60604. on the international boundary line at or Penn Street, Indianapolis, IN 46204. near Eastport, Idaho (restricted to traffic No. MC 126276 (Sub-No. 62 T A ), filed No. MC 135877 (Sub-No. 2 T A ), filed November 19, 1971. Applicant: FAST destined to Manitoba and Saskatchewan, Canada) for 180 days. Supporting November 24, 1971. Applicant: RONALD MOTOR SERVICE, INC., 12855 South R. BRADER, doing business as SPECIAL­ shipper: Chiquita Brands Ltd., 147 Old Ponderosa Drive, Palos Heights, IL. Ap­ IZED TRUCKING SERVICE, 1508 South Mill Road, Winnipeg 12, MB Canada. plicant’s representative: Albert A. An- Fourth Avenue, Yakima, W A 98902. Au­ Send protests to: J. H. Ambs, District drin, 29 South La Salle Street, Chicago, thority sought to operate as a contract Supervisor, Interstate Commerce Com­ IL 60603. Authority sought to operate as carrier, by motor vehicle, over irregular a contract carrier, by motor vehicle, over mission, Bureau of Operations, Post O f­ routes, transporting: Glass bottles and fice Box 2340, Fargo, ND 58102. irregular routes, transporting: Contain­ jars, covers, stoppers and tops; and fiber- ers, container ends, and closures, in No. MC 129972 (Sub-No. 4 T A ), filed board boxes, knocked down flat, when in mixed loads, between the plantsites of November 18, 1971. Applicant: GERALD mixed shipments with the above com­ Crown Cork & Seal Co., Inc., at North D. W RIGHT, 1303 10th Street SE., modities, from Portland, Oreg., to points Bergen, N.J.; Philadelphia, Pa.; Balti­ Jamestown, ND 58401. Applicant’s rep­ in Monterey County, Calif., for 180 days. more and Fruitland, Md.; Winchester, resentative: Thomas J. Van Osdel, 502 Supporting shipper: Owens-Illinois, Va.; Orlando and Bartow, Fla.; Atlanta, First National Bank Building, Fargo, ND Glass Container Division, 1700 South El Ga.; Birmingham, Ala.; and Spartan­ 58102. Authority sought to operate as a Camino Real, San Mateo, CA 94402. Send burg, S.C., for 180 days. Supporting ship­ common carrier, by motor vehicle, over protests to: District Supervisor W. J. per: Edward H. Fehskens, General Traf­ irregular routes, transporting: (1) M alt Huetig, Interstate Commerce Commis­ fic Manager, Crown Cork & Seal Co., Inc., beverages and malt beverage containers sion, Bureau of Operations, 450 Multno­ 3501 West 31st Street, Chicago, IL 60623. and cartons, bottle and can openers, ad­ mah Building, 319 Southwest Pine Street, Send protests to: Robert G. Anderson, vertising matters, and brewery products Portland, OR 97204. District Supervisor, Interstate Com­ merce Commission, Bureau of Opera­ when moving therewith, from Olympia, No. MC 136164 (Sub-No. 1 T A ), filed tions, Everett McKinley Dirksen Build­ Wash., to points in North Dakota; and November 18, 1971. Applicant: OHIO ing, 219 South Dearborn Street, Room ( 2 ) empty containers and cartons, ad­ REFRIGERATED TRANSPORT, INC., 1086, Chicago, IL 60604. vertising matter, spoiled malt beverages, 27 South Perry Street, New Riegel, OH

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 23188 NOTICES

44853. Applicant’s representative: A. shipper: Gifford.-Hill Portland Cement 1465, 210 North 1 2 th Street, St. Louis, Charles Tell, 100 East Broad Street, Co., Post Office Box 520, Midlothian, T X MO 63101. Columbus, OH 43215. Authority sought to 76065. Send protests to: H. C. Morrison, By the Commission. operate as a contract carrier, by motor Sr., Transportation Specialist, Interstate vehicle, over irregular routes, transport­ Commerce Commission, Bureau of Oper­ [ s e a l ] R o bert L. O s w a l d , ing: Meat, meat products and meat by­ ations, Room 9A27 Federal Building, 819 Secretary. products (except commodities in bulk), Taylor Street, Fort Worth, T X 76102. [FR Doc.71—17782 Filed 12-8-71;8:49 am] from Carey and Riegel, Ohio, to Atlanta, No. MC 136170 TA, filed November 22, Ga., and points in Connecticut, Florida, 1971, Applicant: HUBERT WM. HENRY, [Notice 791] Maryland, District of Columbia, Massa­ SR„ HUBERT WM. HENRY, JR., AND MOTOR CARRIER TRANSFER chusetts, New Hampshire, New Jersey, RICHARD M. HENRY, a partnership do­ New York, and Pennsylvania, restricted ing business as HENRY TRUCKING PROCEEDINGS to service performed under continuing COMPANY, 11221 Cadigan Drive, St. D ecem ber 1, 1971.1 contracts with Riegel Provision Co. and Louis, MO 63138. Authority sought to op­ Application filed for temporary author­ Donelson Packing Co., Inc., for 180 days. erate as a contract carrier, by motor ve­ Supporting shippers: Riegel Provision ity under section 2 1 0 a(b) in connection hicle, over regular routes, transporting: with transfer application under section Co., New Riegel, Ohio (Seneca County); Carpeting, from Calhoun, Ga., to St. Donelson Packing Co., Inc., Carey, Ohio 212 (b5 and Transfer Rules, 49 CFR Part Louis, Mo., by Interstate Highway 75 1132: (Wyandot County). Send protests to: north from Calhoun, Ga., to Interstate Keith D. Warner, District Supervisor, Highway 24 at Chattanooga, Term., north No. MC-FC-73336. By application filed Interstate Commerce Commission, Bu­ to Interstate Highway 65 at Nashville, November 26, 1971, SCHUYLER W. reau of Operations, 5234 Federal Office Tenn., north to Highway 80 at Hopkins­ JACKSON, Suite 122, 440 East-West Building, 234 Summit Street, Toledo, OH ville, Ky., west to Highway 121 at May- Highway, Bethesda, MD 20014, seeks 43604. field, Ky., west to Highway 51 at Wick- temporary authority to lease the oper- ating rights of RACHEL O. COFFEY, No. MC 136169 TA, filed November 18, liffe, Ky., north to Highway 3 at Cairo, 1971. Applicant: CHARLIE PHILLIPS, surviving partner, RAE’S TRUCKING doing business as CHARLIE PHILLIPS 111., north to Highway 146, west to Inter­ COMPANY, 8808 Sudley Road, Manassas, TRUCKING, Post Office Box 222, Alvar­ state Highway 55 at Cape Girardeau, VA 22110, under Section 210a(b). The ado, T X 76009. Applicant’s representa­ Mo., north to St. Louis, Mo., for 180 days. transfer to SCHUYLER W. JACKSON, tive: Jerry C. Prestridge, Post Office Box Supporting shippers: Standard Floor of the operating rights of RACHEL 0. 1148, Austin, T X 78767. Authority sought Covering, Inc., 11721 Dunlap Industrial COFFEY, surviving partner, RAE’S TRUCKING COMPANY, is presently to operate as a common carrier, by motor Boulevard, Maryland Heights, MO 63042; pending. vehicle, over irregular routes, transport­ Camelot Carpets, Ltd., 2328 Grissom By the Commission. ing: Gypsum rock, from points in Okla­ Drive, St. Louis, MO 63141. Send pro­ homa to the plantsite of Gifford-Hill tests to: J. P. Werthmann, District [ s e a l ] R obert L. O s w a l d , Secretary. Portland Cement Co. at or near Mid­ Supervisor, Interstate Commerce Com­ lothian, Tex., for 150 days. Supporting mission, Bureau of Operations, Room [FR Doc.71-17783 Filed 12-3-71:8:49 am]

CUMULATIVE LIST OF PARTS AFFECTED— DECEMBER

The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during December.

5 CFR Page 9 CFR—Continued page 12 CFR— Continued Page P roposed R u l e s : 213______22899, 23135 4 4 5 22810, 23112 446 _ 22810, 23112 207 22855 22855 4 4 7 ;______22810, 23112 2 2 0 7 CFR __ 22855 ______22807 2 2 1 500______P roposed R u l e s : 5 4 5 ___ 22992 722______22966 1 1 23072 845______— __ ___ 23047 301______23161 14 CFR 907______22975 22809, 23048, 23140 910______22808, 23135 312______231613 9 ______23048, 23135 327______23161 71______22809, 22810, 23049 912 ______23049 913 ______22808 73 ______22808 1 0 CFR 97 23141 929______23050 ______23136 1 2 1 944______20______—— 23138 _ 23141 987______23137 919 P roposed R u l e s : 914 _ 23145 P roposed R tjles: 217______- 23050,23146 818______23069 30______4- 22848 __ 23146 40 ______'¿a__ 22848 91« 846______23071 241 23051 50______22848, 22851 928 ______22985 243 _ 23051 929 ______23072 70______22848 P roposed R u l e s : 932______23072 115______- ______22848 71______— 22846-22848,23076 966______22831 22848 987______22831 12 CFR 75 1004______- 22831 2 ______22979 1040______23161 16 CFR 226______22809 _ 22814 524 ______22979 22815-22825 9 CFR 525 ______22979 13______- 502 23056 76______23139 701______23140 23058 201______- ______*____23139 703______23048 503 ______

FEDERAL REGISTER, VOL. 36, NO. 234— SATURDAY, DECEMBER 4, 1971 FEDERAI REGISTER 23189

17 CFR Page 21 CFR— Continued Page 43 CFR Page 1 ______22810 146c______22827 P u b l ic L an d O r d e r s: 270______22900 146e______22827 PROPOSEn R u l e s : 148k______23152 4582 (modified by PLO 5145) __ 23157 240______22994 308______22830 4962 (see PLO 5145)______23157 249______22994 P r o po sed R u l e s : 5081 (see PLO 5145)______23157 15______23074 5145______23157 18 CFR \ 17______23074 22901 45 CFR 2 6 CFR P roposed R u l e s : 25...... 1068------1 ______23065 11______22854 22899 1 0 1 ______22855 P roposed R u l e s : 104 ______22855 1 ______23163 46 CFR 105 ______22855 P roposed R u l e s : 141______22855, 23163 2 9 CFR 283_____ 22839 154______22855 520______22976 542______23069 201______1_____ 22855 541______22976 204 ______22855 205 ______22855 31 CFR 47 CFR 260______22855 P roposed R u l e s : P r o po sed R u l e s : 223...... 22985 19 CFR 73—...... 23077, 23078 19------23149 3 2 A CFR 24______23150 P r o po sed R u l e s : 49 CFR Ch. X ______23158 7______22812 20 CFR 571-______22902, 23067 614------„ ------22975 3 9 CFR 1270 ______23068 Proposed R u l e s : 619______1 ___ 22811 1271 ______23068 405______22987 4 0 CFR P roposed R u l e s : 1243______23078 21 CFR 2 ______23058 P roposed R u l e s : 2------22826 50 CFR 14------23150 2______23077 121______22827, 22900, 23150 17------22813 135------22829 41 CFR 32—------22814 135a______22829 3-1______22979 33______22814, 22983, 22984, 23157 135g------— ------22827 3-16______23060 P roposed R u l e s : 60-2______141a— ______22827 23152 114-25______22812 240—______22841 146a______22827 H4-26______: 22812 261------22986 146b.______22829 114-47______22812 276______22986

LIST OF FEDERAL REGISTER PAGES AND DATES— DECEMBER

Pages Date 22801-22894______Dec. 1 22895-23040______2 23041-23128-______« 3 23129-23189______4

/

Know yo u r Government... The Manual describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. -

Most agency statements include new “Sources of Information” listings which tell you what offices to contact for information on such matters as:

• Consumer activities • Environmental programs • Government contracts • Employment • Services to small businesses • Availability of speakers and films for educational and civic groups

This handbook is an indispensable reference tool for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about the U.S. Government.

Order from SUPERINTENDENT OF DOCUMENTS U.S. GOVERNMENT PRINTING OFFICE WASHINGTON, D.C. 20402

.00 per copy, Paperbound, with charts