FEDERAL REGISTER VOLUME 34 • NUMBER 216 Saturday, November 8,1969 • Washington, D.C. Pages 18081-18114
Agencies in this issue— Agricultural Stabilization and Conservation Service Civil Aeronautics Board Civil Service Commission Coast Guard Commerce Department Consumer and Marketing Service Federal Aviation Administration Federal Deposit Insurance Corporation Federal Power Commission Federal Reserve System Federal Trade Commission Food and Drug Administration Foreign Assets Control Office Forest Service Immigration and Naturalization Service Indian Affairs Bureau Interior Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau Maritime Administration Packers and Stockyards Administration Panama Canal Securities and Exchange Commission Special Representative for Trade Negotiations Office State Department Detailed list o f Contents appears inside. Announcing First 10-Year Cumulation
TABLES OF LAWS AFFECTED in Volumes 70-79 of the
UNITED STATES STATUTES AT LARGE
Lists all prior laws and other Federal in public laws enacted during the years 1956- struments which were amended, repealed, 1965. Includes index of popular name or otherwise affected by the provisions of acts affected in Volumes 70-79.
Price: $2.50
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
rr*fir'll X l W sW published daily, Tuesday through Saturday (no publication on Sundays, 1 f i'll| ilr ll 1 t i l on the day after an official Federal holiday), by the Office of the Federal RegistCT.Wa^^ Archives and Records Service, General Services Administration, Washington, D.C. ^ Area Code 202 ' uni1934reo- Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July > (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Be®is_ proved by the President (1 CFR Ch. I) . Distribution is made only by the Superintendent of Documents, U.S. Government Printing Washington, D.C. 20402. , * able m The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, Pay ^ or advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remi c money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, Dursuant The regulatory material appearing herein is keyed to the Code of Federal Regulations, which is published, under 50 titles, p ^ Qt to section. 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of Federal Regulations is sold by the Super of Documents. Prices of books and pocket supplements are listed in the first F ederal Register issue of each month. tions. There are no restrictions on the republication of material appearing in the Federal Register or the Code of Federal Regula Contents agricultural stabilization FEDERAL AVIATION FOREST SERVICE AND CONSERVATION SERVICE ADMINISTRATION Notices Rules and Regulations Middle Fork Clearwater Wild and Rules and Regulations Scenic River; classification, Upland cotton; acreage allot Standard instrument approach boundaries and development ments ___i------18089 procedures; correction------18086 plan; correction______— +----- 18096 Proposed Rule Making AGRICULTURE DEPARTMENT Certification procedures for prod-, IMMIGRATION AND See Agricultural Stabilization and ucts and parts______— 18094 NATURALIZATION SERVICE Conservation Service; Con sumer and Marketing Service; Rules and Regulations Forest Service ; Packers and FEDERAL DEPOSIT INSURANCE Miscellaneous amendments to Stockyards Administration. CORPORATION chapter ______\------18085 Rules and Regulations CIVIL AERONAUTICS BOARD INDIAN AFFAIRS BUREAU Time and savings deposits; maxi Notices mum rate of interest______-— 18086 Rules and Regulations Hearings, etc.: Irrigation projects; basic charges Aloha Airlines, Inc., and Hawai- FEDERAL POWER COMMISSION (2 documents)______5------18087 ian Airlines Conference------18099 Berwind Corp., et al------18099 Notices INTERIOR DEPARTMENT Branch, Harllée, Jr., et al------18101 Hearings, etc.: See also Indian Affairs Bureau;: Minimum charges per shipment Arkansas Louisiana Gas Co-----18102 Land Management Bureau. of air freight______18101 Cascade Natural Gas Corp-----18103 Northwest Airlines, Inc., and Colorado Interstate Gas Co— 18104 Notices Western Air Lines, Inc______18101 CWC Fisheries, Inc______18104 Statements of changes in financial Quebecair______¿ „t*____ 18101 El Paso Natural Gas Co— 18104 . intPTPirfrR* Gulf States Utilities Co__^ _____18105. Chamberlain, Alex S----¿------18096 CIVIL SERVICE COMMISSION Northern Natural Gas Co_.__ _ 18105 Peckheiser, Harry J------18096 South Georgia Natural Gas Co— 18105 Notices Texas Pacific Oil Co., Inc., et al_ 18106 INTERNAL REVENUE SERVICE Establishment o f prescribed m in i Valley Gas Co______18106 mum educational require Notices ments: Granting of relief: Corrective therapist series_____18102 FEDERAL RESERVE SYSTEM Fariss, Darrell La Verne— ------18095 Educational therapist series____18102 Notices Guntren, Frank A______18095 Manual arts therapist series_18102 First Banc Group of Ohio, Inc.; INTERSTATE COMMERCE order approving acquisition of COAST GUARD bank stock by bank holding COMMISSION Rules and Regulations company (2 documents)______18107 Notices Wyoming Bancorporation; notice Atlantic-Gulf Coastwise Steam Manhasset Bay at Kings Point, of application for approval of N.Y.; anchorage regulations___ 18088 ship Freight Bureau; applica acquisition of shares of banks— 18107 tion for authority to depart COMMERCE DEPARTMENT from necessary tariff publishing FEDERAL TRADE COMMISSION ru le s ______18111 See also Maritime Administration. Motor carrier transfer proceed Notices Rules and Regulations ings ______!______18112 Statements of general policy or Foreign Direct Investments O f Norfolk and Portsmouth Belt Line interpretation; package con Railroad Co.; intrastate switch fice; organization and func taining single consumer com tions ______18097 ing charges at Norfolk, Chesa modity ______18086 peake and Portsmouth, Va_____ 18110 CONSUMER AND MARKETING FOOD AND DRUG JUSTICE DEPARTMENT SERVICE See Immigration and Naturaliza ADMINISTRATION tion Service. Rules and Regulations Rules and Regulations Handling lim itations: Drugs; erythromycin. ------18087 LAND MANAGEMENT BUREAU Grapefruit grown in 1 Notices River District in Floridi 18093 Notices Lemons grown in C alifom : Sulfapyridine for systemic use; New Mexico: v Arizona ______18092 drug efficacy study implementa Proposed withdrawal and reser Tangerines grow n in Fl' t io n ______._____._____ 18098 vation of lands: shipment lim itation s_____ 18089 Correction 18096 Termination ______,____ 18096 Tomatoes: FOREIGN ASSETS CONTROL Grown in Florida; shipment MARITIME ADMINISTRATION limitations _ _ _ 18090 OFFICE Import regulations— 18091 Notices Notices r®posed Rule Making Nickel-bearing materials from United States Lines, Inc.; notice of hearing 18097 Hisfi Potatoes grown in Colorado; Czechoslovakia; Issuance of im Proposed expenses______18094 portation license______; 18095 (Continued on next page) 18083 18084 CONTENTS
PACKERS AND STOCKYARDS SECURITIES AND EXCHANGE STATE DEPARTMENT ADMINISTRATION COMMISSION Notices Notices Assistant Secretary for Admin Notices istration ; delegation of au Hearings, etc.: Atkins Livestock Auction et al.; Connecticut Light & Power Co— 18108 thority ------.------18095 proposed posting of stockyards. 18096 Mississippi Power Co______18108 Ohio Power Co., and American TRANSPORTATION DEPARTMENT PANAMA CANAL Electric Power Co., Inc______18109 See Coast Guard; Federal Aviation Liberty Equities Corp______18109 Administration. Rules and Regulations Monte Cristo Corp______._ 18109 Postal services; miscellaneous TREASURY DEPARTMENT amendments______------18088 SPECIAL REPRESENTATIVE FOR See Foreign Assets Control Office. TRADE NEGOTIATIONS OFFICE Notices Trade Information Committee; request for public views on pos sible tariff changes______18110
List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the eid of each month. The guide lists the parts and sections affected by documents published since January 1, 1969, a rd specifies how they are affected.
7 CFR 12 CFR 16 CFR 722„_____ — — . 18089 329— — - - 18086 503______18086 905______18089 910— ______18092 14 CFR 21 CFR 912______18093 gy______i:_____ 18086 148e______18087 966______980______18091 P roposed R ules : 18094 25 CFR P roposed R ules : 221 (2 documents) — _— ------■-£ 18087 948______18094 33 CFR 8 CFR 110. ____ 18088 212____ 18085 214____ 18085 238— . 18085 35 CFR 316a— 18086 67 ___18088 18085 Rules and Regulations
or denied, without appeal, an extension of field of study and, upon information and Title 8— ALIENS AND his period of temporary admission by an belief, would not be available to the stu officer in charge of a suboffice or a dis dent in the country of his foreign resi NATIONALITY trict director. A separate application dence. Permission to accept or continue must be executed and submitted for each temporary employment to obtain prac Chapter I— Immigration and Natural alien seeking an extension of temporary tical training may be granted in incre ization Service, Department of stay; however, regardless of whether they ments of not more than 6 months each Justice accompanied the applicant to the United for. a maximum of not more than 18 [Pile No. CO 845-P] States, the minor, unmarried children of months in the aggregate. The application any applicant may be included in the for the first period of practical training MISCELLANEOUS AMENDMENTS TO application of the principal applicant and shall be submitted to the office of the CHAPTER may be granted the same extension with Service having jurisdiction over the out fee.” ' school recommending practical training. The following amendments to Chapter § 214.2 [Am ended] Subsequent applications to continue I of Title 8 of the Code of Federal Regula practical training must contain the tions are hereby prescribed: 2. The last sentence of subparagraph recommendation of that school and may PART 212— DOCUM EN TARY RE (1) General of paragraph (f) Students of be submitted to the office of the Service § 214.2 Special requirements for admis QUIREMENTS: NONIMMIGRANTS; having jurisdiction over the actual place sion, extension, and maintenance of of training. A student enrolled in a col WAIVERS; ADMISSION OF CERTAIN status is deleted and the following two lege or university having alternative INADMISSIBLE ALIENS; PAROLE sentences are inserted in lieu thereof : work-study courses as a part of its regu Subparagraph (5) of paragraph (b) “A student shall not be eligible to trans lar prescribed curriculum may partici of § 212.8 is amended to read as follows: fer to another school unless he submits pate in such courses without obtaining a a valid Form 1-20 completed by that change of status, and without filing an § 212.8 Certification requirement of sec school and the Service grants him per application for permission to accept em tion 2 1 2 (a )(1 4 ). mission to transfer. Application for ployment; however, such periods of ac ***** transfer shall be made on Form 1-538 and tual employment shall be considered as (b) Aliens not required to obtain labor shall be filed in the Service office having practical training. A student who has certifications. The following persons are jurisdiction over the school which he been granted permission to accept em not considered to be within the purview was last authorized by the Service to ployment for practical training and who of section 212(a) (14) of the Act and do attend.” temporarily departs from the United not require a labor certification: * * * 3. The second sentence of subpara States, may be readmitted for the re (5) an alien who establishes satisfac graph (2) Extension of paragraph (f) mainder of the authorized period if he torily that he has been accepted by an Students of § 214.2 Special require presents Form 1-20 endorsed by his institution of learning in the United ments for admission, extension, and school to indicate the date to which such States, that he will be pursuing a full maintenance of status is deleted and the training was authorized by the district course of study in the United States for following two sentences are inserted in director. On-campus employment pur at least two full consecutive academic lieu thereof: “Application for extension suant to the terms of a scholarship, fel years, and that he has sufficient financial of stay shall be made on Form 1-538. A lowship, or assistantship is deemed to be resources to support himself and will not student who desires an extension of stay part of the academic program of a stu seek employment during that period. I f it for his spouse and children in a classi dent otherwise taking a full course of will be necessary for the spouse of such fication under section 101(a)<15)(F) study, if related thereto. A student who a student to accept employment in the (ii) of the Act may include them in his is offered this kind of on-campus employ United States, the spouse must obtain application.” ment, or any other on-campus employ a labor certification notwithstanding 4. Subparagraph (3) of paragraph (f) ment which will not displace a U.S. citi the provisions of subparagraph (2) of of § 214.2 is amended and a new sub- zen resident, does not require Service this paragraph. paragraph (4) is added to read as permission to engage in such employ follows: ment. Permission which is granted to a (3) Employment. An application by astudent to engage in any employment PART 214— NONIMMIGRANT student for permission to accept or con shall not exceed the date of expiration CLASSES tinue employment' shall be filed on Form of his authorized stay and is automati 1-538. I f a student requests permission § 214.1 [Amended] cally suspended while a strike or other to accept part-time employment because labor dispute involving a work stoppage 1. The second and third sentences ofof economic necessity, he must establish or layoff of employees is in progress in the Paragraph (a) General of § 214.1 Re that the necessity is due to unforeseen occupation and at the place where the quirements for admission, extension, and circumstances arising subsequent to student is employed. Maintenance of status are amended to entry, or subsequent to change to stu (4) Decision on application for exten read as follows: “ A nonimmigrant other dent classification, and an authorized sion, permission to transfer to another than one in the classes defined in section school official must certify that part-time school, or permission to accept or con 101(a) Q5) (A) (i) or (ii) or (G) (i)> employment will not interfere with the tinue employment. The applicant shall FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 18086 RULES AND REGULATIONS Aliens in immediate and continuous (g) Time deposits of foreign govern to notice, public participation, and de transit Is amended by adding the follow mental entities and international organi ferred effective date were not followed ing transportation lines in alphabetical zations. Section 329.6 does not apply to in connection with this amendment. The sequence: “Aeroflot-Soviet Airlines” and the rate of interest that may be paid by alternative method of transfer is pro “China Airlines, Ltd.” an insured nonmember bank on a time cedural in nature and involves no sub deposit having a maturity of 2 years or stantive change. The revision of the § 238.4 [Am ended] less and representing funds deposited and categories of exempt organizations is a The listings of transportation lines in owned by (1) a foreign government, or liberalization resulting in the relaxation § 238.4 Preinspection outside the United an agency or instrumentality thereof of their restrictive nature. In these cir States are amended as follows: engaged principally in activities which cumstances, the Board of Directors found 1. Under “At Montreal” the transpor are ordinarily performed in the United such procedures to be unnecessary and tation line “ Quebecair” is added in al States by governmental entities, (2) an contrary to the public interest. phabetical sequence. international entity of which the United (Sec. 9, 18(g), 64 Stat. 881-82, 80 Stat. 824; 2. Under. “A t Vancouver” the trans States is a member, or (3) any other for 12 U.S.C. 1819, 1828(g)) portation line “ Universal Airlines, Inc.” eign, international or supranational en is added in alphabetical sequence. tity specifically designated by the Board Dated at Washington, D.C., this 5th 3. Under “A t Toronto” the transpor of Directors as exempt from § 329.6. All day of November 1969. tation line “ Quebecair” is added in al certificates of deposit issued by insured By order of the Board of Directors. phabetical sequence. nonmember banks to such entities on 4. Under “At Winnipeg” the transpor which the contract rate of interest ex F ederal D e p o s it I nsurance tation line “ Trans Air Limited” is added ceeds the maximum prescribed under C o r p o r a t io n , in alphabetical sequence. § 329.6 shall provide that (i) in the event [ s e a l ] E. F. D o w n e y , of transfer, the date of transfer, attested Secretary. to in writing by the transferor, shall ap [F.R. Doc. 69-13353; Filed, Nov. 7, 1969; PART 316a— RESIDENCE, PHYSICAL pear on the certificate, and (ii) the 8:48 a.m.] PRESENCE AND ABSENCE maximum rate limitations of § 329.6 in effect on the date of issuance of the cer § 316a.4 [Am ended] tificate shall apply to the certificate for Section 316a.4 International Organi any period during which it is held by a Title 14— AERONAUTICS AND zations Immunities Act designations is person other than an entity exempt from amended by adding the following public § 329.6 under the foregoing sentence.11 SPACE international organization in alphabeti Upon the presentment of such a certifi cal sequence: “ United International cate for payment, the bank may pay Chapter I— Federal Aviation Adminis Bureaux for the Protection of Intellec the holder the contract rate of interest tration, Department of Transportation tual Property CBIRPI) (E.O. 11484, on the deposit for the time that the cer Sept. 29, 1969).” SUBCHAPTER F— AIR TRAFFIC AND GENERAL tificate was actually owned by an entity OPERATING RULES (Sec. 103, 66 Stat. 173; 8 UJ3.C. 1103) so exempt. 2. The present footnote 11 at the end [Reg. Docket No. 9899; Arndt. 672] Except with respect to the amend of § 329.3(f) is redesignated as footnote PART 97— STANDARD INSTRUMENT ments to §§ 214.1 and 214.2, which shall 10. APPROACH PROCEDURES become effective on January 1, 1970, the 3a. The purposes of this amendment other amendments in this order shall be are (1) to expand the categories of or Miscellaneous Amendments effective on the date of their publication ganizations on whose time deposits in in the F ederal R e g ist e r . Compliance sured nonmember banks may pay rates Correction with the provisions of section 553 of title of interest in excess of those permitted In FH . Doc. 69-12370 appearing at 5 of the United States Code (80 Stat. by § 329.6, and (2) to provide an alter page 17233 in the issue of Friday, Octo 383), as to notice of proposed rule mak native method by which an exempt or ber 24, 1969, the third entry under the ing and delayed effective date is unneces ganization may transfer a certificate of heading “Via” at the top of page 17239 sary in this instance because the deposit to a nonexempt holder. Formerly, should be changed to read “ 10 mile Arc amendment to § 212.8 is clarifying in a time deposit of a foreign government, AKN, R 280° lead radial.” nature; the amendments to §§ 214.1 and a monetary or financial authority of a 214.2 confer benefits upon persons af foreign government when acting as such, fected thereby; and the amendments to or an international financial institution §§ 238.3, 238.4, and 316a.4 add transpor of which the United States is a member Title 16— COMMERCIAL tation lines and a public international was exempt from the interest rate lim organization to the listings. itations of ,§ 329.6. A broadening of the Dated: November 4, 1969. categories of exempt organizations is PRACTICES consistent with the purposes of § 329.3 R a y m o n d F. F a r r e ll, Chapter I— Federal Trade Commissioner of (g )— to encourage the maintenance of Commission Immigration and Naturalization. foreign governmental time deposits in American banks. An alternative method SUBCHAPTER E— RULES, REGULATIONS, STATE [F H . Doc. 69-13320; Filed, Nov. 7, 1969; of transferring to a nonexempt holder MENTS OF GENERAL POLICY OR INTERPRETA 8:45 a.m.] a certificate of deposit issued to an ex TION AND EXEMPTIONS UNDER THE FAIR empt organization is included in footnote PACKAGING AND LABELING ACT 11. The alternative method provides the PART 503— STATEMENTS OF GEN same safeguards as the method hereto ERAL POLICY OR INTERPRETATION Title 12— BANKS AND BANKING fore prescribed by § 329.3(g). Chapter III— Federal Deposit b. The procedures of 5 U.S.C. § 553(b) Package Containing Single Insurance Corporation and of 12 CFR 302.1-302.5, with respect Consumer Commodity SUBCHAPTER B— REGULATIONS AND uA new certificate not maturing prior to Section 503.4 (34 F.R. 8351) was pub STATEMENT OF GENERAL POLICY the maturity date of the original certificate lished May 30, 1969, to clarify the re may be issued by the insured nonmemiber quirement for declaration of net Qua ' PART 329— INTEREST ON DEPOSITS bank to the transferee, in which event the tity in terms of count for the purpose original must be retained by the bank. The Maximum Rate of Interest on Time new certificate may not provide for interest §§ 500.6 and 500.7 of the regulations in and Savings Deposits after the date of transfer at a rate in excess Part 500. To illustrate § 503.4, examples of the applicable maximum rate authorized were cited which identified certain com 1. Effective November 5, 1969, § 329.3by § 329.6 as of the date of issuance of the (g) is amended to read as follows: original certificate. modifies which are now excluded from FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 RULES AND REGULATIONS 18087 “consumer commodity” status as that An order was published in the F ederal 1081), as amended and supplemented term was interpreted on August 9, .1969, R eg ister of September 27, 1969 (34 F.R. by the Acte of August 24, 1912 (37 Stat. in § 503.5 (34 F.R. 12944). For the pur 14890), to become effective in 40 days, 522), August 1, 1914 (38 Stat. 583, 25 pose of consistency, and to prevent pos amending Part 148e of the antibiotic U.S.C. 385), section 5 of the Act of June 7, sible misunderstanding, the need to drug regulations to repeal provisions for 1924 (43 Stat. 476), March 7, 1928 (45 amend § 503.4 by deleting the commodity certification of combination drugs con Stat. 210, Title 25 U.S.C. 387) , and the examples used and replacing them with taining erythromycin and triple sulfon Act of August 9, 1937 (50 Stat. 577), as commodities which are “ consumer com amides for oral administration. Thirty amended by the Act of May 9, 1938 (52 modities”, is recognized. days were provided for filing proper Stat. 291-305), and in accordance with Accordingly, pursuant to the provi objections to the order and requests for the public notice issued on Decem sions of the Fair Packaging and Label a hearing. ber 1, 1932, operation and maintenance ing Act (sections 4, 6, 80 Stat. 1297, 1298; The Commissioner of Food and Drugs charges are assessable against the 50,000 15 U.S.C. 1453, 1455) § 503.4 is revised has received objections and a request for acres of tribal lands and trust patent to read as follows: an extension of the effective date to allow Indian lands of the San Carlos Indian time for the submission of additional Irrigation Project within the boundaries § 503.4 Net quantity o f contents, numer data. of the Gila River Indian Reservation, ical count. Good reason therefor appearing, the Ariz., and the basic rate assessed for the To clarify the requirement for decla effective date of the order is hereby post calendar year 1970 and the subsequent ration of net quantity in terms of count poned, and an additional 30 days from years unless changed by further order, for the purpose of §§ 500.6 and 500.7 of November 6, 1969, will be allowed for the is hereby fixed at $8.50. Such rate shall the regulations in Part 500 of this sub submission of pertinent data. The order entitle each acre of land to have deliv chapter, the following interpretation is shall become effective January 5, 1970, ered for use thereon two (2) acre-feet rendered. unless stayed by the Commissioner upon of water per acre or its proportionate (a) When a consumer commodity is the filing of substantial evidence of the share of the available water supply. The properly measured in terms of count only, effectiveness of the drugs, consisting of assessment for the 50,000 acres of Indian or In terms of count and weight, volume, adequate and well-controlled studies, or land will be payable as provided in area, or dimension, the regulations are by the filing of legally adequate objec § 222.111 to § 221.116, inclusive. tions. interpreted not to require the declaration G eorge W. H e d d e n , of the net content as “ one” , provided This action is taken pursuant to the Assistant Area Director. the statement of identity clearly ex provisions of the Federal Food, Drug, presses the fact that only one Unit is and Cosmetic Act, and under authority [F.R. Doc. 69-13324; Filed, Nov. 7, 1969; contained in the package. Thus the unit delegated to the Commissioner. 8:45 a.m.] synthetic sponge, the unit light bulb, and (Secs. 502, 507, 52 Stat. 1050-51, as amended, the unit dry cell battery do not require 59 Stat. 463, as amended; 21 U.S.C. 352, 357, a net quantity statement of “ one 21 CFR 2.120) PART 221— OPERATION AND MAINTENANCE CHARGES sponge,” ‘.‘one light bulb,” or “ one dry Dated: November 4,1969. cell battery.” However, there still exists Colorado River Indian Irrigation the necessity to provide a net quantity H erbert L. L e y , Jr., statement to specify weight, volume, Commissioner of Food and Drugs. Project, Ariz.; Charges area, or dimensions when such are re [F.R. Doc. 69-13330; Filed, Nov. 7, 1969; On page 15360 of the F ederal R eg quired. For example, the synthetic 8:46 a.m.] ist e r of October 2, 1969, there was pub sponge which is packaged, requires di lished a notice of intention to amend mensions such as “ 5 in. x 3 in. x 1 in.” A § 221.6 of Title 25, Code of Federal Regu multicomponent package or a package lations, dealing with irrigation operation containing two or more units of the same Title 25— INDIANS and maintenance assessments against commodity shall bear the net quantity lands of the Colorado River Indian statement in terms of count, and weight, Chapter I— Bureau of Indian Affairs, Irrigation Project, Ariz. volume, area, or dimensions as required. Department of the Interior Interested persons were given 30 days within which to submit written com This interpretation does not preclude the SUBCHAPTER T— IRRIGATION PROJECTS: OPERATION AND MAINTENANCE ments, suggestions, or objections with option to enumerate a unit count on a respect to the proposed amendments. single packaged commodity if so desired. PART 221— OPERATION AND No comments, suggestions, nor objec Issued: November 5, 1969. MAINTENANCE CHARGES tions have been received, and the pro posed amendments are hereby adopted By direction of the Commission. Tribal and Trust Patent Indian Lands without change as set forth below. ^SEAL] J o s e p h W. S h e a , of the San Carlos Irrigation Project, Section 221.6 is amended to read as Secretary. Ariz.; Basic Charges follows: [F.R. Doc. 69-13326; Filed, Nov. 7, 1969; On page 15361 of the F ederal R egister § 221.6 Charges. 8:46 a.m.] of October 2, 1969, there was published a Pursuant to the provisions of the Acts notice of intention to modify § 221.110 of Congress approved August 1,1914, and of Title 25, Code of Federal Regulations, March 7, 1928 (38 Stat. 583, 45 Stat. 210; dealing with irrigation operation and 25 U.S.C. 385-387), the annual basic Title 21— FOOD AND DRUGS maintenance assessments against tribal charge against the land to which water Chapter !— Food and Drug Adminis lands and trust patent Indian lands of can be delivered under the Colorado the San Carlos Irrigation Project, Ariz. tration, Department of Health, Ed River Indian Irrigation Project in Ari ucation, and Welfare Interested persons were given 30 days zona, for the operation and maintenance within which to submit written com of that project, is hereby fixed at $11 SUBCHAPTER C— DRUGS ments, suggestions, or objections with per irrigable acre, whether water is used respect to the proposed amendments. No or not. Payment of this charge will en part 148©— ERYTHROMYCIN comments, suggestions, nor objections title the water user to, but not in excess have been received, and the proposed Erythromycin-Sulfonamide Combina of, 8 acre-feet of water per acre per tion Products for Oral Administra amendments are hereby adopted with out change as set forth below. annum on certain sandy areas as de tion; Postponement of Effective Date The revised section will read as scribed in a schedule on file at the of Order and Extension of Time for follows : Colorado River Indian Agency, and avail Submitting Data § 221.110 Basic charge. able for inspection by interested parties, J f m for human use, drug efficacy Pursuant to the provisions of section and to 5 acre-feet of water per annum hidy implementation. 10 of the Act of March 3, 1905 (33 Stat. per irrigable acre on all other lands. With FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 18088 RULES AND REGULATIONS the approval of the Superintendent, ad 73°43'59"; thence along the shoreline the related money order post office record ditional water, reasonably sufficient to to the point of beginning. stub to ascertain whether an application carry away alkali salts, may be allowed ***** for duplicate has been certified and for on certain alkali tracts at no additional (Sec. 1, 30 Stat. 98, as amended, sec. 6 (g ) (1) warded to the Director of Posts. charge for the purpose of reclaiming (B ), 80 Start. 937; 33 U.S.C. 180; 49 U.S.C. ***** lands by the usual methods, such as 1655(g)(1)(B); 49 CFR 1.4(a) (3) (ii)) 5. Subparagraph (1) of paragraph (b) flooding and leaching. The foregoing Effective date. This amendment shall of § 67.723 is amended to read as follows: charges and allotments of water shall become effective 30 days following the become effective for the calendar year § 67.723 Payment of invalid Canal Zone date of publication in the F ederal 1970 and continue in effect thereafter, and United States money orders. R eg ist e r . ***** until further notice. Dated: November 3, 1969. (b) Payment of stale Canal Zone G eorge W. H edden, money order— (1) Procedure. In order to Assistant Area Director. W. J. S m it h , obtain payment of the amount of an orig [F.R. Doc. 69-13325; Filed, Nov. 7, 1969; Admiral, U.S. Coast Guard, inal or duplicate money order which 8:46 a.m.] Commandant. remains unpaid after the lapse of one [F.R. Doc. 69-13367; Filed, Nov. 7, 1969; year from, the last day of the month of 8:49 a.m.] issue of the original, the holder shall present such original or duplicate order Title 33— NAVIGATION AND to the Postmaster at any office, who shall complete Form 1250-Rev., attach the NAVIGABLE WATERS Title 35— PANAMA CANAL order thereto, and forward it to the Di Chapter I— Coast Guard, Department rector of Posts. I f the request is made Chapter I— Canal Zone Regulations by the issuing Postmaster, he shall make of Transportation PART 67— POSTAL SERVICE appropriate endorsement on the post of SUBCHAPTER I— ANCHORAGES fice record stub of the original money [CG FR 69-114] Miscellaneous Amendments order. I f made by a Postmaster at a post office other than the issuing office, Effective upon publication in the F ed PART n o — ANCHORAGE the Director of Posts will send Form eral R eg ist e r , Part 67 of Titie 35 of the 1250-Rev. to the issuing Postmaster who REGULATIONS Code of Federal Regulations is amended shall make appropriate endorsement on Subpart A— Special Anchorage Areas as follows: the post office record stub, complete the 1. Subparagraph (5) of paragraph (a) “ Certificate of Issuing Postmaster” and M anhasset B a y at K ings P o in t , of § 67.701 is amended to read as follows: return the form to the Director of Posts. N e w Y ork § 67.701 Domestic and domestic-inter I f the Director of Posts is satisfied that 1. The Commander, 3d Coast Guard national money orders. the order has not been paid or repaid and District, New York, N.Y., by letter dated (a) Procedure for issuance. * * * that the applicant is entitled thereto, September 23, 1969, requested the estab (5) The issuing employee’s initials the money order submitted will be re lishment of a special anchorage area in shall be inserted in the space provided turned to the Postmaster making the Manhasset Bay, Western Long Island, in and a clear impression of the office dat request with authorization for payment. the vicinity of Kings Point, N.Y. A public ing stamp shall be placed on the order, * * * * * notice dated July 17, 1969, was issued by purchaser’s receipt, post office record 6. Paragraph (b) of § 67.761 is Commander, 3d Coast Guard District, stub, and accounting copy. amended to read as follows: New York, N.Y., describing the proposed anchorage. All known interested parties * * * * * § 67.761 Time limitations. were notified and requested to comment 2. The third sentence of paragraph (b) ***** on the proposal. No objections were re of § 67.702 is amended to read as follows: (b) An application may be accepted, ceived. Since the foregoing procedure § 67.702 International money orders. certified, and forwarded at once, if the mutilated order accompanies the appli afforded effective notice to all interested * * * * * parties, publication of the notice of pro cation or the original money order has posed rule making in the F ederal R eg (b) * * * The post office record stub been inadvertently destroyed and the ister is unnecessary. Therefore, the re of the domestic money order shall be en person in whose favor the application is quest to establish a special anchorage dorsed on the back “Int. M.O.— Postmas made executes a good and sufficient bond area in Manhasset Bay, Western Long ter, Washington, D.C.,” and placed in of indemnity in a penal sum not less Island, in the vicinity of Kings Point, -proper sequence with other stubs. * * * than the amount of the order, condi N.Y., as described below, is granted, sub 3. The first sentence of subparagraph tioned upon the refund of the amount ject to the right to change the require (1) of paragraph (b) of § 67.703 is paid on the duplicate in the event that, ments and to amend the regulation if and amended to read as follows: after payment thereof, any other person establishes a valid claim to the original when necessary in the public interest. In §•67.703 Spoiled or, not issued money this special anchorage area vessels not order, or in case the original order has order forms. been paid to the rightful owner. more than 65 feet in length, when at ***** anchor, are not required to carry or ex ***** (b) * * * hibit anchor lights. 7. Section 67.762 is amended as fol 2. In Part 110, Subpart A is amended (1) Stamp or write boldly “Not Issued” or “Spoiled” across the face of the money lows: Paragraphs (a) and (d) are re by adding a new § 110.60(i-l), following vised and new paragraph (e) is added. order, purchaser’s receipt, and post § 110.60(1), reading as follows: As amended § 67.762 reads as follows: office record stub, and cross out the § 110.60 Port o f New York and vicinity. amount. * * * § 67.762 Acceptance of application for ***** * * * * * duplicate money order. (i-1) Manhasset Bay, at Kings Point. 4. Subparagraph (1) of paragraph (g) (a) An application for duplicate That portion of Long Island Sound of § 67.722 is amended to read as follows: money order may be accepted at any Anchorage No. 4 (described in § 110.155 post office or branch on Form No. j (a )(6 )) bounded as follows: Beginning § 67.722 General procedures for pay for a money order issued by the can at a point on the shoreline at latitude ment o f money orders. Zone Postal Service, or on Form No. b * 40°49'24.4", longitude 73°43'41.5"; * * * * * for a money order issued by the u- thence to a point at latitude 40°49'32.5", (r) * * * Postal Service. longitude 73°43'30.1"; thence to a point (1) Initial procedure. When a money * * * * * at latitude 40°49'42.9", longitude order more than 60 days old is presented (d) Application for a duplicate o a 73°43'55.2"; thence to a point on the at the issuing office for payment or re Canal Zone money order (Form u shoreline at latitude 40°49'39", longitude payment, the paying clerk shall examine Shall be sent to the Postmaster ha FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 RULES AND REGULATIONS 18089 custody of corresponding post office rec modify the procedure for establishing added to the State reserve as a set-aside. ord stub for certification and transmittal farm allotments for 1970 in the light of The acreage apportioned under this to Director of Posts in accordance with the 1970 national allotment of 17 million paragraph shall be the computed county § 67.763. acres compared to the 1969 national al allotment. (e) Application for duplicate of a U.S. lotment of 16 million acres. Included in * * * * * money order (Form 6401) shall be com this amendment are the following : 2. The second sentence up to the colon pleted in accordance with 39 CFR and 1. The limit on the computed county of paragraph (a) of § 722.409 is revised forwarded to the U.S. Postal Service ad allotment in § 722.408(a) is raised from to read as follows: dress preprinted on the front of Form 110 percent to 116 percent of the county 6401. total of farm preliminary allotments de § 722.409 Establishment of preliminary 8. Section 67.763 is revised to read as termined under § 722.409(a). Acreage allotments. follOWS: regained due to the limitation shall be (a) Preliminary allotment is proceed § 67.763 Certification and forwarding apportioned to the remaining counties ing year’s allotment. * * * The pre of application for duplicate money on the basis of a second factor and any liminary allotment shall be the preced order. remainder shall be added to the State ing year’s allotment after any permanent (a) In certifying an application for reserve as a set-aside. adjustment to or from the farm for the a duplicate money order, the particulars 2. Section 722.409(a) is amended to year preceding the current year in the thereon (number, amount, date of issue) provide that the preliminary allotment following cases: shall be compared with those on the post initially -used shall be the preceding ***** office record stub to see that all are en year’s allotment without reduction for 3. Paragraph (a) of § 722.410 is tered correctly. minimum buildup. amended by adding the following lan (b) When an application for a dupli 3. Section 722.410(a) is amended to re guage at the end thereof: cate is certified, the post office record quire use of a preliminary allotment reduced for minimum buildup in cases § 722.410 Establishment of farm allot stub shall be endorsed: “Duplicate ap ments. plied for in favor o f ______where the factored allotment otherwise (a) Factored allotments for old cotton ------(remitter, payee, endorsee, as the would cause the farm to lose eligibility case may be), ______19___”. as a small farm under the upland cotton farms in all counties. * * * Notwith program. standing the foregoing provisions of this (c) Upon certification of an applica Since the State and county committees paragraph and § 722.409, if the prelimi tion for duplicate money order (Form and farmers need to know the provisions nary allotment for the farm was estab 1266) and the endorsement of the cor of this amendment as soon as possible lished under § 722.409(a) and the responding post office record stub, a in connection with the establishment of f actored allotment so determined causes dummy post office record stub shall be 1970 farm allotments, it is essential that the farm to lose its status as a “ small prepared and inserted in post office files this amendment be made effective as farm” (i.e., farm on which the farm in place of the post office record stub. soon as possible. Accordingly, it is hereby allotment is 10 acres or less, or on which The particulars noted in paragraph (a) determined and found that compliance the projected farm yield times the farm of this section will be entered on the with the notice, public procedure, and allotment is 3,600 pounds or less, and front of the dummy post office record 3p-day effective date requirements of the farm allotment has not been reduced stub, and endorsement noted in para 5 U.S.C. 553 is impracticable and con by release under § 722.412) for purposes graph. (b) of this section will be entered trary to the public interest and this of the 1970 Upland Cotton Program, the and completed on the back of the dummy amendment shall be effective upon filing preliminary allotment for this purpose post office record stub. this document with the Director, Office for such farm shall be the preceding (d) Upon certification, each Form of the F ederal R egister. year’s allotment prior to any increase 1266, “Application for Duplicate” (in The subpart—Acreage Allotments for for minimum allotment but after any cluding those accompanied by bond of permanent adjustment to or from the indemnity or by a mutilated, defaced or 1968 and Succeeding Crops of Upland Cotton of Part 722, Subchapter B of farm for the year preceding the current illegally endorsed money order) shall be year: Provided, That if the factored forwarded to the Director of Posts ac Chapter VII, Title 7 (33 F.R. 895, 4451, 5532, 6705, 7564, 17346, 19823, 34 F.R. 924, allotment so determined also causes the companied by the corresponding post farm to lose its status as a “small farm” , office record stub. 2351, 3733, 5099, 7231, 12325) is amended as follows: the factored allotment shall be the larger 9. Paragraph (a ) o f § 67.765 is revoked. of the two calculated for the farm. (2 C.Z.C. §§ 1131-1133, 76A Stat. 3&-39) 1. Paragraph (a) of § 722.408 is re vised to read as follows: * * * * * Dated: October 17, 1969. § 722.408 Apportionment o f State allot (Secs. 344, 375; 63 Stat. 670, as amended, 52 (seal3 W. P. L eber, ment and State’s share o f national re Stat. 66, as amended; 7 U.S.C. 1344, 1375) Governor. ' serve among counties and establish Effective date: Date of filing with the [PR. Doc. 69-13346; Filed, Nov. 7 , 1969; ment o f county reserve. Director, Office of the Federal Register. 8:47 a.m.] (a) Apportionment of State allotment. Signed at Washington, D.C. on Novem The State allotment less (1) the allot ber 4,1969. ment attributable to history pooled as a K e n n e t h E. F r ic k , Title 7— AGRICULTURE result of productivity adjustments under Administrator, Agricultural Sta § 722.429(c), and (2) the State reserve Chapter VII— Agricultural Stabiliza- bilization and Conservation for the current year, shall be apportioned Service. t|on and Conservation Service among counties on the basis of the aver age acreage planted to cotton in each [F.R. Doc. 69-13369; Filed, Nov. 7, 1969; (Agricultural Adjustment), Depart 8:49 a.m.] ment of Agriculture county in the 5 base years with adjust ments in/such acreage for failing to seed SUBCHAPTER B— FARM MARKETING QUOTAS cotton because of abnormal weather con Chapter IX— Consumer and Market AND ACREAGE ALLOTMENTS ditions. Such adjustments shall be made ing Service (Marketing Agreements [Amdt. 12] in the manner provided in § 722.405(a). and Orders; Fruits, Vegetables, PART 722— COTTON Notwithstanding the foregoing, no coun Nuts), Department of Agriculture ty shall receive a computed county allot [Tangerine Reg. 37, Amdt. 1] Subpart—-Acreage Allotments for ment in excess of 116 percent of the T 968 and Succeeding Crops of Up- county total of farm preliminary allot PART 905— ORANGES, GRAPEFRUIT, ■and Cotton ments determined under § 722.409(a). TANGERINES, AND TANGELOS Acreage regained due to this limitation Co u n t y and F arm A llotm ents GROWN IN FLORIDA shall be apportioned to the remaining amendment is issued pursuant to counties in the State on the basis of a Limitation of Shipments Agricultural Adjustment Act of 1938, second factor. Acreage not allocated on Findings. (1) Pursuant to the market M amended (7 U.S.C. 1281 et. seq.) to the basis of such second factor shall be ing agreement, as amended, and Order FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8» 1969 No. 216------2 18090 RULES AND REGULATIONS No. 905, as amended (7 CFR Part 905; compliance with this amendment will not After consideration of all relevant mat 34 F.R, 12426), regulating the handling require any special preparation on the ters, including the proposal set forth in of oranges, grapefruit, tangerines, and part of the persons subject thereto which the af oresaid notice and other available tangelos grown in Florida, effective under cannot be completed by the effective time informaiton, it is hereby found that the the applicable provisions of the Agricul hereof. limitation of shipments regulation, as tural Marketing Agreement Act of 1937, (a) Order. In § 905.515 (Tangerine hereinafter set forth, will tend to effectu as amended (7 U.S.C. 601-674), and upon Reg. 37, 34 F.R. 14379) the provisions of ate the declared policy of the act. the basis of the recommendations of the paragraph (a) (1) (i) are amended to It is further found that good cause ex committees established under the afore read as follows: ists for not postponing the effective date of this section until 30 days after its pub said amended marketing agreement and § 905.515 Tangerine Regulation 37. order, and upon other available infor lication in the F ederal R egister (5 U.S.C. (a) * * * 553) in that (1) shipments of 1969 fall mation, it is hereby found that the limi * * * tation of shipments of tangerines, as crop tomatoes grown in the production hereinafter provided, will tend to effec (i) Any tangerines, grown in the proarea will begin on or about the effective tuate the declared policy of the act. duction area, which do not grade at date specified herein; (2) to maximize (2) The recommendation b y t h e least U.S. No. 1; or benefits to producers, this regulation Growers Administrative Committee re * * * * * should apply to all such shipments; (3) flects its appraisal of the Florida tanger (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. compliance with this regulation will not ine crop and the current and prospective 601-674) require any special preparation by han market conditions. More restrictive regu dlers which cannot be completed by the Dated, November 7, 1969, to become lation requirements should be made ef effective date; (4) reasonable time is per effective November 10, 1969. fective no later than November 10, mitted under the circumstances for such 1969, because maturity of the tangerines P aul A. N ic h o lso n , preparation; and (5) notice of the pro is such that larger amounts are available, Acting Director, Fruit and Veg posed regulation, including a November hence, a higher minimum grade regula etable Division, Consumer and 15, 1969, effective date, has been given tion for Florida tangerines for fresh ship Marketing Service. to producers and handlers in the pro duction area and by publication in the ment is needed to (1) maintain returns [F.R. Doc. 69-13429; Filed, Nov. 7, 1969; F ederal R egister o f October 16, 1969. to producers consistent with the declared 11:2 2 a.m.] policy of the act by preventing the ship §966.307 Limitation of shipments. ment of less desirable tangerines to fresh During the period from November 15, [966.307] market outlets, and (2) provide con 1969, through July 31, 1970, the follow sumers with Florida tangerines of the PART 966— TOMATOES GROWN IN ing regulation shall be effective with re most desirable quality. FLORIDA spect to all varieties of tomatoes handled (3) It is hereby further found that it for shipment outside the regulation area is impracticable and contrary to the Limitation of Shipments Regulation as defined in § 966.4, except elongated public interest to give preliminary no types, commonly referred to as pear tice, engage in public rule-making pro Notice of rule making with respect to a proposed limitation of shipments, to shaped or paste tomatoes and including, cedure, and postpone the effective date but not limited to, San Marzano, Red of this amendment until 30 days after be effective under Marketing Agreement No. 125 and Order No. 966, both as Top, and Roma varieties; cerasiform publication in the F ederal R egister (5 type tomatoes, commonly referred to as U.S.C. 553) because the time intervening amended (7 CFR Part 966) regulating the handling of tomatoes grown in the cherry tomatoes; hydroponic tomatoes; between the date when information upon and greenhouse tomatoes. which this amendment is based became production area, was published in' the available and the time when this amend October 16, 1969, F ederal R egister (34 (a) Grade. No person shall handle any ment must become effective in order to F.R, 16547). This program is effective lot of tomatoes for shipment outside the effectuate the declared policy of the act under the Agricultural Marketing Agree regulation area unless they are U.S. No. is insufficient; a reasonable time is per ment Act of 1937, as amended (7 U.S.C. 3, or better grade. mitted, under the circumstances, for 601 et seq.). (b) Size. No person shall handle any preparation for such effective time; and Interested persons were allowed 15 lot of tomatoes for shipment outside of good cause exists for making the provi days for filing data, views and arguments the regulation area unless they are over sions hereof effective not later than No pertaining thereto. Within the period 2%2 inches in diameter: Provided, vember 10, 1969. Domestic shipments of specified, comments were filed in support That not more than 10 percent, by Florida tangerines are currently regu of the regulation by John C. Lynn, ex count, of the tomatoes in any lot may lated pursuant to Tangerine Regulation ecutive vice president, Florida Farm Bu be smaller than the specified minimum 37 (34 F.R. 14379) and determinations reau Federation, Gainesville, Fla. diameter. as to the need for, and extent of, con Statement of consideration. The notice (c) Size classifications. (1) No person tinued regulation of domestic shipments was based on recommendations and in of tangerines must await the develop formation submitted by the Florida To shall handle any lot of tomatoes for ship ment of the crop and the availability of mato Committee, established pursuant to ment outside the regulation area un information on the demand for such the said marketing agreement and order, less they are packed in one or more of fruit; the recommendations and sup and other available information. The the following ranges of diameters (ex porting information for regulation of committee’s recommendations reflect its pressed in terms of minimum and maxi such tangerine shipments subsequent to appraisal of the composition of the 1969- mum). Measurement of minimum and November 10, 1969, and in the manner 70 crop of Florida tomatoes and of the herein provided, were promptly sub marketing prospects for this season. The maximum diameter shall be in accord mitted to the Department after an as grade, size and quality requirements are ance with the methods prescribed in sembled meeting of the Growers Admin necessary to prevent tomatoes of poor the United States Standards for Grades istrative Committee on November 6, quality and undesirable sizes from being of Fresh Tomatoes (§§ 51.1855 to 51.18 1969, held to consider recommendations distributed in fresh market channels. The of this title ). , for regulation; the provisions of this standardization of weights, containers amendment are identical with the afore and size classifications is needed in the Size classification: Diameter (inches) said recommendations of the committee, interest of orderly marketing so as to im 7 x 7______Over 2%2 to 2%2. elusive. and information concerning such provi prove net returns to producers. The pro 6 x 7______Over 2%2 to 21%2, in* sions has been disseminated among han visions with respect to special pack and dlers of such tangerines; it is necessary, elusive. in order to effectuate the declared policy special purpose shipments are designed to . q x 6______Over 21%2 to 22%2, h1 of the act, to make this amendment ef meet the different requirements for such elusive. fective as hereinafter set forth; and shipments. 5 x 6____ T______Over 2®%2- FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 RULES AND REGULATIONS 18091 (2) Tomatoes shall be packed sepa relief or charity, or for export: Provided, rent market price of tomatoes, and its rately for each designated size range ex That the handler thereof complies with relation to parity. These matters are not cept that size 6 x 6 and larger may be the safeguard requirements of paragraph specified as prerequisites in Section 8e-l commingled. (k) of this section. of the Act with respect to import prohi (3) To allow for variations incident to (k) Safeguards. Each handler making bitions, but rather the Act requires that proper sizing, not more than a total of shipments of tomatoes for processing importation of tomatoes shall be pro ten (10) percent, by count, of the to into pickles, for canning, for relief or hibited unless they comply with the matoes in any lot may be smaller than charity, or for export in accordance with grade, size, quality, and maturity regula the specified minimum diameter or paragraph (j) of this section shall: tions applicable to domestic shipments larger than the maximum diameter. (l) First apply to the committee for under a Federal Marketing Order. All (d) Containers. (1) No person shall and otbain a Certificate of Privilege to prerequisites for the issuance of the do handle any lot of tomatoes for shipment make such shipments; mestic regulation have been complied outside the regulation area unless they (2) Prepare, on forms furnished by with. are packed in one of the following con the committee, a report in quadruplicate After consideration of all relevant tainer sizes and the net weights of the on each individual shipment to such out matter presented, including the proposal tomatoes contained therein are within lets authorized in paragraph (j) of this set forth in the aforesaid notice, the the specified weight tolerances: section; written comments, and other available (3) Bin or consign each shipment di information, it is hereby found that the Container weight Minimum weight Maximum weight rectly to the designated applicable re proposal as published in the notice (pounds) (pounds) (pounds) ceiver; and should be made effective as hereinafter (4) Forward one copy of such report to set forth, and the grade, size, quality, g 8 9Ì4 the committee office, and two copies to and maturity requirements applicable 20 20 21M the receiver for signing and returning one 30 30 m i to tomato imports are the same as those 40 40 copy to the committee office. Failure of being made applicable under Marketing 60 60 62 the handler or receiver to report such Order No. 966, as amended (7 CFR Part shipments by signing and returning the 966), to shipments of tomatoes grown in (2> To allow for variations incident applicable report to the committee office the Florida production area. This regula to proper packing, not more than a total within 10 days after shipment, or after tion is subject to amendment with rea of ten (10) percent of the aforesaid receipt of export shipment, shall be cause sonable notice as the domestic regulation containers in any lot, by count, may for cancellation of such handler’s certif is changed^ exceed the specified maximum net icate and/or the receiver’s eligibility to (b) It is hereby further found that weight specified for each such container. receive further shipments pursuant to good cause exists for not postponing the (3) No person shall handle tomatoes such certificate. Upon cancellation of any effective date of this regulation beyond in 8-pound containers after December 31, such certificate the handler may appeal the time specified (5 U.S.C. 553) in that 1969. to the committee for reconsideration. (1) the requirements established by this (e) Inspection. No person shall han (1) Definitions. “Hydroponic Toma regulation are mandatory under section dle any lot of tomatoes for shipment toes” means tomatoes grown in solution 8e-l of the Act; (2) all known tomato outside the regulation area unless such without soil. “ Greenhouse Tomatoes” importers were notified of proposed re tomatoes are inspected and certified means tomatoes grown indoors. Other quirements upon issuance of the pro pursuant to the provisions of § 966.60. terms used in this section have the same posed regulation; (3) notice of the pro , (f) Truck shipments. For purposes of meaning as when used in Marketing posed regulation was published in the these regulations, the rule, § 966.140, re Agreement No. 125, as amended, and this October 16, 1969, F ederal. R egister: (34 lating to truck shipments of tomatoes part. F.R. 16548); (4) in fixing the effective grown in the Florida production area, (Sec. 1-19, 48 Stat. 31, as amended; 7 UJB.C. date hereof due consideration was given shall continue In effect. 601-674) to the time required for the transporta (g) Minimum quantity.-For purposes tion and entry into the United States of these regulations, each person sub- Dated November 5, 1969, to become after picking of imported tomatoes; and thereto may handle, pursuant to effective November 15,1969. (5) such notice is in excess of 3 days, the 5966.53, up to, but not to exceed, 60 F loyd F. H edlund, minimum required by the Act, and is pounds of tomatoes per day without re Director, Fruit and Vegetable determined to be reasonable. gard to the requirements of this part, Division, Consumer and Mar §980.204 Tomato import regulation. out this exception shall not apply to keting Service. auy shipment or any portion thereof Except as otherwise provided, during oi over 60 pounds of tomatoes. [F.R. Doc. 09-13386; Filed, Nov. 7, 1969; the period November 15, 1969, through 8:49 a.m.] (h) Special pack requirements. The July 31, 1970, no person may import tomato size classifications of paragraph fresh tomatoes, except pear shaped toma this section and the container toes, cherry tomatoes, hydroponic toma PART 980— VEGETABLES; IMPORT toes, and greenhouse tomatoes, as de nfn?- re9hirements of paragraph (d) REGULATIONS fn t ls section shall not be applicable fined herein, unless they are inspected tomatoes packed in cupped trays, or Tomatoes and meet the requirement« of this containers customarily packed section. ha«/» trade, if such tomatoes are Findings, (a) Notice of rule making (a) Grade requirement. Imports shall Inc* ^ !n ^oordance with the report- regarding proposed restrictions on the be limited to tomatoes which are U.S. Jrf requirements of paragraph (i) of importation of fresh tomatoes into the No. 3 grade or better. this section. United States to be made effective under (b) Size requirement.— (1) Size. Im (i) Reporting requirements. Each t section 8e-l of the Agricultural Market ports shall be limited to tomatoes which ing Agreement Act, as amended (7 U.S.C. shipments of tomatoes i are larger than 2%2 inches in diameter. 608e-l) was published in the October 16, (2) Tolerance for size. Not more than pfmîîÜ Î? ^ is section shall report to 1969 F ederal R egister (34 F.R. 16548). 10 percent, by count, of the tomatoes in cnnîî^ÎÎee on forms furnished by mmittee such information on the si The notice afforded interested persons any lot may be smaller than the speci an opportunity to file written data, views, fied minimum diameter. min« 08 may required by the o or arguments in regard thereto not later (c) Minimum quantity exemption. shall uPUrsuant to § 966.80. Such rep than October 31, 1969. Comments were Any importation which in the aggregate shipment.made within 10 dxss a filed by three interested parties. One of does not exceed 60 pounds may be im the comments favored the regulation and ported without regard to the provisions oni£v^peG^ Purpose shipments. The another opposed the size requirement of this section. (d) of Paragraphs (a ), (b ), (d> Plant quarantine. Provisions of but favored a tighter grade requirement. ann’ii^w. °t this section shall no this section shall not supersede the re pr0fîp ^ le to shipments of tomatoes The other comment questioned the need strictions or prohibitions on tomatoes Processing into pickles, for canning, for a finding concerning parity, the cur under the Plant Quarantine Act of 1912. FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 18092 RULES AND REGULATIONS (e) Designation of governmental in being imported at a particular port of by the Lemon Administrative Commit spection Service. The Federal or thé Fed entry by a particular importer. tee, established under the said amended eral-State Inspection Service, Fruit and (5) Each inspection certificate issuedmarketing agreement and order, and Vegetable Division, Consumer and Mar with respect to any tomatoes to be im upon other available information, it is keting Service, U.S. Department of Agri ported into the United States shall set hereby found that the limitation of han culture, and the Fruit and Vegetable forth, among other things: dling of such lemons, as hereinafter pro Division, Production and Marketing (i) The date and place of inspection; vided, will tend to effectuate the declared Branch, Canada Department of Agri (ii) The name of the shipper, or policy of the act. culture, are designated as governmental applicant; (2) It is hereby further found that it inspection services for certifying the (iii) The commodity inspected; is impracticable and contrary to the grade, size, quality and maturity of (iv) The quantity of the commodity public interest to give preliminary notice, tomatoes that are imported into the covered by the certificate; engage in public rule-making procedure, United States under the provisions of (v) The principal identifying marks and postpone the effective date of this section 8e-l of the act. on the containers; section until 30 days after publication hereof in the F ederal R egister (5 U.S.C. (f) Inspection and official inspection (vi) The railroad car initials and certificates. (1) An official inspection number, the truck and trailer license 553) because the time intervening be tween the date when information upon certificate certifying the tomatoes meet number, the name of the vessel, or other which this section is based became avail the U.S. import requirements for toma identification of the shipment; and toes under section 8e-l (7 U.S.C. 608e- able and the time when this section must (vii) The following statement, if the become effective in order to effectuate 1), issued by a designated governmental facts warrant: Meets U.S. Import re inspection service and applicable to a the declared policy of the act is insuffi quirements under section 8e-l of the cient, and a reasonable time is permitted, specific lot is required on all imports of Agricultural Marketing Agreement Act. fresh tomatoes. under the circumstances, for preparation (2) Inspection and certification by (g) Reconditioning prior to importa for such effective time; and good cause the Federal or Federal-State Inspection tion. Nothing contained in this part shall exists for making the provisions hereof Service will be available and performed be deemed to preclude any importer from effective as hereinafter set forth. The in accordance with the rules and regu reconditioning prior to importation any committee held an open meeting during lations governing certification of fresh shipment of tomatoes for the purpose of the current week, after giving due notice fruits, vegetables and other products making it eligible for importation. thereof, to consider supply and market (Part ,51 of this title). Each lot shall be (h) Definitions. For the purpose of conditions for lemons and the need for made available and accessible for in this section, “Importation” means re regulation; interested persons were af spection as provided therein. Cost of lease from custody of the U.S. Bureau forded an opportunity to submit infor inspection and ¿fortification shall be of Customs. “ Cherry tomatoes” means mation and views at this meeting; the recommendation and supporting infor borne by the applicant. cerasiform types commonly referred to as “cherry tomatoes.” “Pear shaped to mation for regulation during the period (3) Since inspectors may not be sta specified herein were promptly submitted tioned in the immediate vicinity of some matoes” means elongated types, com monly referred to as pear shaped or paste to the Department after such meeting smaller ports of entry, importers should was held; the provisions of this section, make advance arrangements for inspec tomatoes and include San Marzano, Red Top, and Roma varieties. “Hydroponic including its effective time, are identical tion by accertaining whether or not with the aforesaid recommendation of there is an inspector located at their tomatoes” means tomatoes grown in so lution without soil. “Greenhouse toma the committee, and information con particular port of entry. For all ports of cerning such provisions and effective entry where an inspection office is not toes” means tomatoes grown indoors. Measurement of the diameter of toma time has been disseminated among han located, each importer must give the dlers of such lemons; it is necessary, in specified advance notice to the appli toes shall be in accordance with the methods prescribed in the U.S. Standards order to effectuate the declared policy of cable office listed below prior to the time the act, to make this section effective the tomatoes will be imported. for Grades of Fresh Tomatoes (§§ 51.1855 to 51.1877 of this title). during the period herein specified; and compliance With this section will not re Ports Office Advance (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. quire any special preparation on the part notice 601-674). of persons subject hereto which cannot Dated November 5, 1969, to become be completed on or before the effective All Texas W. T. McNabb, Post Office 1 day. points. Box 310, Austin, Tex. effective November 15, 1969. date hereof. Such committee meeting 78767 (Phone—512-385- was held on November 4, 1969. F l o y d F. H e d l u n d , 5385). (b) Order. (1) The respective quanti All Arizona B. O. Morgan, Post Office Do. Director, Fruit and Vegetable points. Box 1614, Nogales, Ariz. ties o f lemons grown in California and 85621 (Phone—602-287- Division, Consumer and Mar 2902). keting Service, Arizona which may be handled during All California D. P. Thompson, 294 Whole-• 3 days. the period November 9,1969, through No points. sale Terminal Bldg., [F.R. Doc. 69-13387; Filed, Nov. 7, 1969; vember 15, 1969, are hereby fixed as 784 South Central Ave.,' 8:49 a.m.] Los Angeles, Calif. 90021 follows: (Phone—213-622-8756). (1) District 1: 12,090 cartons; All Hawaii Stevenson Ching, 1428 1 day. points. South King St., Honolulu, [Lemon Reg. 399] (ii) District 2: 40,920 cartons; Hawaii 96814 (Phone— (iii) District 3: 123,690 cartons. 941-3071). PART 910— LEMONS GROWN IN (2) As used in this section; “handled, New York Edward J. Beller, Room Do. City. 28A Hunts Point Market, CALIFORNIA AND ARIZONA “District 1”, “District 2”, “District i , Bronx, N .Y. 10474 and “carton” have the same meaning as (Phone—212-991-7669 Limitation of Handling and 7668). when used in the said amended market New Orleans... Pascal J. Lamarca, 5027 Do. § 910.699 Lemon Regulation 399. ing agreement and order. Federal Office Bldg., 701 Loyola Ave., New (a) Findings. (1) Pursuant to the (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Orleans, La. 70113 601-674) (Phone—504-527-6741 marketing agreement, as amended, and and 6742). Order No. 910, as amended (7 CFR Part Dated: November 6,1969. All other D. S. Matheson, Fruit and 3 days. 910), regulating the handling of lemons points. Vegetable Division, Con E ld o n E. S h a w , sumer and Marketing grown in California and Arizona, effec Service, Washington, Acting Director, Fruit and Veg D.C. 20250 (Phone— tive under the applicable provisions of etable Division, Consumer ana 202-388-5870). the Agricultural Marketing Agreement Marketing Service. Act of 1937, as amended (7 U.S.C. 601- (4) Inspection certificates shall cover 674), and upon the basis of the recom [F.R. Doc. 69-13405; Filed, Nov. 7/ l969’ only the quantity of tomatoes that is mendations and information submitted 8:49 a.m.] FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 RULES AND REGULATIONS 1809S [Grapefruit Beg. 68] of this section until 30 days after pub in order to effectuate the declared policy lication hereof in the F ederal. R egister of the act, to make this regulation ef PART 912— GRAPEFRUIT GROWN IN (5 U.S.Ç. 5£3) because the time inter fective during the period herein speci THE INDIAN RIVER DISTRICT IN vening between the date when, informa fied; and compliance with this section FLORIDA tion upon which this section, is based . will not require any special preparation became available and the time when .on the part of persons subject hereto Limitation of Handling this section must become effective in which cannot be completed on or before § 912368 Grapefruit Regulation 68. order to effectuate the declared policy the effective date hereof. Such commit of the act is insufficient, and a reason tee meeting was held on November 6, (a) Findings. (1) Pursuant to the able time is permitted, under the cir 1969. marketing agreement, as amended, and cumstances, for preparation for such . (1?) Order. Cl) The quantity of grape Order No. 912, as amended (7 CFR Part effective time; and good cause exists for fruit grown in the Indian River District 912, 34 F.R. 12881)» regulating the han- making the provisions hereof effective as which may be handled during the period fliitjg of grapefruit grown in the Indian hereinafter set forth. The committee November 10, 1969, through November River District in Florida, effective under held ah open meeting during the current 16; 1969, is hereby fixed at 170,000 the applicable provisions of the Agricul week, after giving due notice thereof, standard packed boxes. tural Marketing Agreement Act of 1937, to consider supply and market condi as amended (7 U.S.C. 601-674), and upon (2) As used in this section, “handled,” tions for Indian River grapefruit, and ‘‘Indian River District,” “grapefruit,” the basis of the recommendations and the need for regulation; interested per information submitted by the Indian and “ standard packed box” have the sons were afforded an opportunity to River Grapefruit Committee, established same meaning as when used in said submit information and views at this amended marketing agreement and under the said amended marketing meeting; the recommendation and sup agreement and order, and upon other order. porting information for regulation dur available information, it is hereby found ing the period specified herein were (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. that the limitation of handling of such promptly submitted to the Department 601—674) grapefruit, as hereinafter provided, will after such meeting was held; the pro Dated; November 6,1969». tend to effectuate the declared policy of visions of this section, including Its ef the act. fective time; are identical with the E l d o n E. S h a w , (2) It is hereby further found that it aforesaid recommendation o f the com Acting Director, Fruit end Veg is impracticable and contrary to the mittee, and inf ormation concerning such etable Division, Consumer and public interest to give preliminary no provisions and effective time has been Marketing Service. tice, engage in public rule-making pro disseminated among handlers of such [F.R, Doc. 69-13406; Filed, Nov. 7, 1969; cedure, and postpone the effective date Indian River grapefruit; it is necessary, 8:49 a.m.1 FEDERAL REGISTER, V O L 34, NO. 216— SATURDAY, NOVEMBER 9, 1969 18094 Proposed Rule Making timely issuance of those certifictes, con DEPARTMENT OF serve man-hour expenditures and reduce DEPARTMENT OF AGRICULTURE the FAA workload accordingly. More TRANSPORTATION over, the A IA states that it would be in Consumer and Marketing Service accord with the FAA’s policy of increas Federal Aviation Administration ing industry participation in delegation E 7 CFR Part 948 1 option authorization programs. [ 14 CFR Part 21 1 The FAA recognizes merit in the IRISH POTATOES GROWN IN [Docket No. 9510; Notice 69-49] amendment requested by the AIA. How COLORADO— AREA NO. 1 ever, since the experimental certificates CERTIFICATION PROCEDURES FOR would be issued in accordance with the Proposed Expenses PRODUCTS AND PARTS delegation option authorization proce Consideration is being given to the Notice of Proposed Rule Making dures, the purpose for which they are issued must be related to the functions approval of proposed expenses as here The Federal Aviation Administration covered by a delegation option authoriza inafter set forth which were recom (FAA) is considering amending Part 21 tion. Therefore, it is not proposed to per mended by the area committee for Area of the Federal Aviation Regulations mit delegation option authorizations to No. 1 established pursuant to Marketing (FARs) to expand the purposes for be used for the issuance of experimental Agreement No. 97, as amended, and which experimental certificates may be certificates for the purpose of exhibiting issued by the holder of a delegation op an aircraft at air shows, motion pictures, Order No. 948, as amended (7 CFR Part tion authorization. television or similar productions, or for 948).. Interested persons are invited to par the purpose of participating in air races. This marketing order program reg ticipate in the making of the proposed - As proposed herein, a delegation option ulates the handling of Irish potatoes rule by submitting such written data, authorization could be used to issue ex grown in the State of Colorado. It is views, or arguments as they may desire. perimental certificates not only for the effective under the Agricultural Market Communications should identify the purpose of showing compliance with the regulatory docket or notice number and applicable airworthiness regulations, but ing Agreement Act of 1937, as amended be submitted in duplicate to the Federal also for the purposes of research and (7 U.S.C, 601 et seq.). Aviation Administration, Office of the development, crew training, and market All persons who desire, to submit General Counsel, Attention; Rules Dock surveys. However, it should be noted that written data, views, or arguments in et, GC-24, 800 Independence Avenue a DOA manufacturer would still be re connection with these proposals may file SW., Washington, D.C. 20590. All com quired to obtain from the Administrator the same, in quadruplicate, with the munications received on or before Feb any limitations or conditions that the ruary 6, 1970, will be considered by the Administrator considers necessary for Hearing Clerk, Room 112, U.S. Depart Administrator before taking action on safety before issuing any experimental ment of Agriculture, Washington, D.C. the proposed rule. The proposal con certificate. 20250, not later than the 30th day after tained in this notice may be changed in In consideration of the foregoing, it is the publication of this notice in the Fed proposed to amend § 21.251(b) (4) (i) of light of comments received. All com eral R e g ist e r . All written submissions ments submitted will be available, both Part 21 of the Federal Aviation Regula made pursuant to this notice will be made before and after the closing date for tions to read as follows: comments, in the Rules Docket for available for public inspection at the § 21.251 Limits of applicability. office of the Hearing Clerk during regular examination by interested persons. * * * * * Section 21.191 provides f o r t h e business hours (7 CFR 1.27(b)). issuance of experimental certificates for (b) Delegation option authorizations The proposals are as follows: the purposes of research and develop may be used for— ment, showing compliance with regula * * * * * § 948.262 Expenses. tions, crew training, exhibitions, air rac (4) The issue of— (a) The reasonable expenses that are ing, market surveys, and operating ama (i) Experimental certificates for airlikely to be incurred by the area com teur-built aircraft. craft for which the manufacturer has Under the delegation option authoriza applied for a type certificate, or amended mittee for Area No. 1 to enable such tion (DOA) procedures set forth in Sub type certificate, under § 21.253, for the committee to perform its functions, pur part J of Part 21, a manufacturer may purpose of showing compliance with the suant to the provisions of Marketing now issue experimental certificates for applicable airworthiness requirements, Agreement No. 97, as amended, and this an aircraft for which it has applied for a and for the purposes of research and part, during the fiscal period ending type certificate, or an amended type cer development, crew training, and market June 30, 1970, will amount to $50. tificate, under § 21.253, only for the pur surveys. (b) Terms used in this section shall pose of showing compliance with the * * * * * applicable airworthiness requirements of have the same meaning as when used in This amendment is proposed under the the FARs. The Aerospace Industries Marketing Agreement No. 97, as authority of section 313(a), 314, 601, and Association of America, Inc. (A IA ) has amended, and this part. requested an amendment to the regula 603 of the Federal Aviation Act of 1958 tions to permit the holder of a delegation (49 U.S.C. 1354(a), 1355,1421, and 1423), (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. option authorization to issue experi and of section 6(c) of the Department of 601-674) mental certificates for all the purposes Transportation Act (49 U.S.C. 1655 (c )). for which those certificates may be is Dated : November 5,1969. sued under § 21.191, except for the opera Issued in Washington, D.C., on No P aul A. N icholson, vember 3, 1969. tion of amateur-built aircraft. Deputy Director, Fruit and Veg~ In support of its request, the AIA points R . S. S l if f , Acting Director, etable Division, Consumer out that an amendment to the regula and Marketing Service. tions authorizing a DOA manufacturer Flight Standards Service. to issue experimental certificates for [F.R. Doc. 69-13352; Filed, Nov. 7, 1969; [F.R. Doc. 69-13370; Filed, NOV. 7, W69' additional purposes would permit the 8:47 a.m.] 8:49 a.m.] FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 18095 Notices by imprisonment for a term exceeding a term exceeding 1 year. Unless relief is DEPARTMENT OF STATE I year. Unless relief is granted, it will granted, it will be unlawful for Frank A. be unlawful for Darrell LaVerne Fariss, Guntren, because of such conviction to Office of the Secretary because of such conviction to ship, trans ship, transport or receive in interstate [Public Notice 318; Delegation of Authority port, or receive in interstate or foreign or foreign commerce any firearm or am No. 120] commerce any firearm or ammunition, munition, and he would be prevented ASSISTANT SECRETARY FOR and he would be prevented under chapter under chapter 44, title 18, United States 44, title 18, United States Code, from Code, from obtaining a license under that ADMINISTRATION obtaining a license under that chapter chapter as a jirearms or ammunition im Delegation of Authority as a firearms or ammunition importer, porter, manufacturer, dealer, or collector. manufacturer, dealer, or collector. In In addition under title V II of the Omni By virtue of the authority vested in addition under title V II of the Omnibus bus Crime Control and Safe Streets Act me by section 4 of the Act of May 26, Crime Control and Safe Streets Act of of 1968 (82 Stat. 236; 18 U.S.C., Appen 1949 (63 Stat. I l l ; 22 U.S.C. 2658), as 1968 (82 Stat. 236; 18 U.S.C., Appendix) dix) because of such conviction it would amended, I hereby delegate to the As because of such conviction it would be be unlawful for Mr. Guntren, to receive, sistant Secretary of State for Adminis unlawful for Mr. Fariss, to receive, pos possess, or transport in commerce a fire tration the following authorities and sess, or transport in commerce a fire arm. Notice is hereby further given that functions: arm. Notice is hereby further given that I have considered Frank A. Guntren’s 1. The authority to prescribe, promul I have considered Darrell LaVerne Fariss’ application and have found: gate, and amend such rules and regula application and have found: (1) The conviction was made upon a tions and make such delegations and (1) The conviction was made upon a charge which did not involve the use of redelegations of authority, consistent charge which did not involve the use of a a firearm or other weapon or a violation with law, as may be necessary to carry firearm or other weapon or a violation of of chapter 44, title 18, United States out his assigned responsibilities, as listed chapter 44, title 18, United States Code, Code, or of the National Firearms Act; in the Department of State Organiza or of the National Firearms Act; and and tional Manual, as amended; (2) It has been established to my (2) It has been established to my Sat 2. To the extent consistent with law, satisfaction that the circumstances re isfaction that the circumstances regard the authority to perform all functions garding the conviction, and the appli ing the conviction, and the applicant’s heretofore reserved to or performed by cant’s record and reputation, are such record and reputation, are such that the the Deputy Under Secretary for Admin that the applicant will not be likely to applicant will not be likely to act in a istration with respect to matters which act in a manner dangerous to public manner dangerous to public safety, and are within the scope of the aforesaid safety, and that the granting of the re that the granting of the requested relief assigned responsibilities of the Assistant quested relief to Darrell LaVerne Fariss to Frank A. Guntren from disabilities Secretary for Administration, including from disabilities incurred by reason of incurred by reason of his conviction, but not limited to functions reserved to his conviction, would not be contrary to would not be contrary to the public or performed by the Deputy Under the public interest. interest. Secretary for Administration in or under I t is ordered, Pursuant to the author I t is ordered, Pursuant to the authority the Department of State Procurement ity vested in the Secretary of the Treas Regulations and the Standardized Regu vested in the Secretary of the Treasury by section 925(c), of title 18, United ury by section 925(c), of title 18, United lations (Government Civilians, Foreign States Code and delegated to me by the Areas). States Code and delegated to me by the regulations in Title 26, Part 178, Code of regulations in Title 26, Part 178, Code of This Delegation of Authority shall not Federal Regulations, that Darrell La Federal Regulations, that Frank A. Gun be construed as divesting the Deputy Verne Fariss be, and he hereby is, granted tren be, and he hereby is, granted relief Under Secretary for Administration of relief from any and all disabilities im from any and all disabilities imposed by any of the authorities presently conferred posed by Federal Laws with respect to the Federal laws with respect to the acquisi upon him or vested in him. acquisition, receipt, transfer, shipment, tion, receipt, transfer, shipment, or pos or possession of firearms, incurred by session of firearms, incurred by reason of ^sea l] W il l ia m P . R ogers, the conviction hereinabove described. Secretary of State. reason of the conviction hereinabove described. Signed at Washington, D.C. this 4th October 30,1969. day of November, 1969. Signed at Washington, D.C., this 3d [PR. Doc. 69-13354; Plied, Nov. 7, 1969; [ s e a l ] R a n d o l p h W . T h r o w e r , day of November 1969. 8:48 a.m.] Commissioner of Internal Revenue,, [ s e a l ] R a n d o l p h W. T h r o w e r , [F.R. Doc. 60-13366; Filed, Nov. 7, 1969; Commissioner of Internal Revenue. 8:48 a.m.] [F.R. Doc. 69-13365; Filed, Nov. 7, 1969; DEPARTMENT OF THE TREASURY 8:48 a.m.] Internal Revenue Service Office of Foreign Assets Control DARRELL LaVERNE FARISS FRANK A. GUNTREN NICKEL-BEARING MATERIALS FROM CZECHOSLOVAKIA Notice of Granting of Relief Notice of Granting of Relief Issuance of Importation License Notice is hereby given that Darre] Notice is hereby given that Frank A. Laverne Fariss, 2870 Crater Lake High Guntren, Rural Route No. 3, Jerseyville, The Office of Foreign Assets Control way, Medford, Oreg., has applied for re HI., has applied for relief from disabili has reason to believe that nickel-bearing hef from disabilities imposed by Federa ties imposed by Federal laws with respect materials and articles made in Czecho laws with respect to the acquisition, re to the acquisition, receipt, transfer, ship slovakia may be made or derived in « transfer, shipment, or possessio: ment, or possession of firearms incurred whole or in part from forms of nickel oi firearms incurred by reason of hi by reason of his conviction on January 19, which are of Cuban origin. conviction on July 5 ,1961, in the Circui 1960, in the County Court of Jersey Notice is hereby given that, effective pUrt of the State of Oregon for th County, Jerseyville, HI., of larceny, a as of November 7, 1969, imports of the county of Jackson, of a crime punishabl crime punishable by imprisonment for following nickel-bearing materials and FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, T969 18096 NOTICES articles directly or indirectly from Kentwood Livestock Sales, Inc., Kentwood, and reservation of lands for withdrawal Czechoslovakia will be detained by Cus La. for recreational areas, was published as Oakland Stables, Accokeek, Md. F.R. Doc. 68-6941 on page 8682 of the toms until such time as their release M.F.A. Livestock Association, Inc., Ellington from Customs custody, or other disposi Concentration Point, Ellington, Mo. issue for June 13, 1968. The applicant tion thereof, is authorized by the Office Lea County Livestock Auction, Inc., Loving- agency has canceled its application inso of Foreign Assets Control under the pro ton, N. Mex. far as it affects the following described visions of the Cuban Assets Control Reg Penasco Area Development Association, lands: Vadito, N. Mex. ulations (31 CFR Part 515): New Mexico Principal Meridian (1) Nickel, its alloys, their so-called C and M Livestock Market, Inc., Jamestown, Term. T. 11 N..R.12 W., basic shapes and forms, and also nickel Sec. 6, SE & N E ^ S W ^ ; waste and scrap, provided for in Sched Notice is hereby given, therefore, that Sec. 18, SE14BE 14. ule 6, Part 2, Subpart E, Tariff Schedules the said Acting Chief, pursuant to au T. 12 N., R. 12 W., of the United States (TS U S ); thority delegated under the Packers and Sec. 31, Ny2SWi4NEi4 and SW%SW^NEi/4. Stockyards Act, 1921, as amended (7 (2) Nickel oxides provided for in item Therefore, pursuant to the regulations U.S.C. 181 et seq.), proposes to issue a 419.72, TSUS; contained in 43 CFR, Part 2311, such rule designating the stockyards named (3) Nickel formate provided for in lands at 10 a.m. on November 28, 1969, item 426.62, TSUS; above as posted stockyards subject to the provisions of the Act as provided in sec will be relieved of the segregative effect (4) Nickel sulfate provided for in of the above-mentioned application. item 419.74, TSUS; tion 392 thereof. (5) Other nickel salts provided for in Any person who wishes to submit writ M ic h a e l T . S o la n , item 426.64, TSUS, ten data, views, or arguments concerning Chief, Division of Lands and Licenses will generally be issued to im the proposed rule, may do so by filing Minerals, Program Manage porters for imports in those cases where them with the Acting Chief, Registra ment and Land Office. prior to November 7, 1969, (1) the goods tions, Bonds, and Reports Branch, Pack [F.R. Doc. 69-13319; Filed, Nov. 7, 1969; were exported from Czechoslovakia; (2) ers and Stockyards Administration, U.S. 8:45 a m .] the goods were paid for by a person in Department of Agriculture, Washington, the United States; or (3) an irrevocable D.C. 20250, within 15 days after publica letter of credit covering the goods was tion in the F ederal R egister. Office of the Secretary established by a domestic bank. All written submissions made pursuant to this notice shall be made available for ALEX S. CHAMBERLAIN I sealI M argaret W. S chw artz, public inspection at such times and Director, Statement of Changes in Financial places in a manner convenient to the Interests Office of Foreign Assets Control. public business (7 U.S.C. 1.27(b) ). In accordance with the requirements [F.R. Doc. 69-13364; Filed, Nov. 7, 1969; Done at Washington, D.C., this 4th 8:48 am .] day of November 1969. of section 710(b) (6) of the Defense Pro duction Act of 1950, as amended, and E dward L. T h o m pso n, Executive Order 10647 of November 28, Acting Chief, Registrations, 1955, the following changes have taken DEPARTMENT OF AGRICULTURE Bonds, and Reports Branch, place in my financial interests during Forest Service Livestock Marketing Division. the past 8 months : MIDDLE FORK CLEARWATER WILD [F.R. Doc. 69-13371; Filed, Nov. 7, 1969; 8:49 am .] (1) None. AND SCENIC RIVER (2) None. (3) None. Classification, Boundaries, and <4) None. Development Plan DEPARTMENT OF THE INTERIOR This statement is made as of Octo ber 21, 1969. Correction Bureau of Land Management In F.R. Doc. 69-11922 appearing at Dated: October 20, 1969. [New Mexico 5046] page 15565 in the issue of Tuesday, Octo A lex S. Chamberlain . ber 7, 1969, the sixth entry under the NEW MEXICO first paragraph in the third column on [F.R. Doc, 69-13328; Filed, Nov. 7, 1969; page 15568 should be changed to read Notice of Proposed Withdrawal and 8:46 a m .] “ T. 36 N., R. 10 E.—Unsurveyed, but Reservation of lands; Correction which probably will be when surveyed, N ovember 3,1969. HARRY J. PECKHEISER Secs. 25, 26, 34, 35, and 36.” In F.R. Doc. No. 68-6941 appearing on Statement of Changes in Financial page 8682 of the F ederal R egister issue Packers and Stockyards of Thursday, June 13, 1968 (33 F.R. Interests Administration 8682), the following correction should be In accordance with the requirements made: of section 710(b) (6) ,of the Defense Pro ATKINS LIVESTOCK AUCTION ET AL. In T. 11 N., R. 12 W., Sec. 20, add duction Act of 1950, as amended, and Proposed Posting of Stockyards “N 1/2S1/2NW 1/4.” Executive Order 10647 of November 28, M ichael T. S o lan , The Acting Chief ..Registrations, Bonds, Chief, Division of Lands and 1955, the following changes have taken and Reports Branch, Packers and Stock- Minerals, Program Manage place in my financial interests during yards Administration, U.S. Department ment and Land Office. the past 6 months. of Agriculture, has information that the [F.R. Doc. 69-13318; Filed, Nov. 7, 1969; (1) None. livestock markets named below are 8:45 am .] (2) Nome. stockyards as defined In section 302 of (3) None. the Packers and Stockyards Act, 1921, as (4) None. amended (7 UJ3.C. 202), and should be NEW MEXICO This statement is made as of Octo made subject to the provisions of the Notice of Termination of Proposed ber 15, 1969. Act. Withdrawal and Reservation of Atkins Livestock Auction, Atkins, Ark. Lands Hated: October 15, 1969. MFA Livestock Association, Inc. (Marshall, H a r r y J . P eckheiser- Mo.), Imboden Concentration Point, N ovember 3,1969. Imboden, Ark. Notice of a U.S. Forest Service appli [F.R. Doc. 69-13329; Filed, Nov. 7. Schuyler Livestock Sales, Rushville, HI. cation, New Mexico 5046, for withdrawal 8:46 a.m.] FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 NOTICES 18097 take such action as may be deemed S ec. 5. Program Analysis and Policy DEPARTMENT OF COMMERCE appropriate. Division. The Program Analysis and Policy Division shall : Dated: November 6, 1969. Maritime Administration a. Measure the effect of the Foreign [S-241] By Order of the Maritime Subsidy Direct Investment Program on U.S. bal Board. ance of payments and on relevant na UNITED STATES LINES, INC. J o h n M . O ’C o n n e l l , tional indices; Notice of Hearing Assistant Secretary." b. Formulate recommendations con [F.R. Doc. 69-13327; Filed, Nov. 7, 1969; cerning policy issues relating to the For On October 3, 1969, notice was pub 9:36 a.m.] eign Direct Investment Program; lished in the F ederal R eg ister of the c. Conduct studies of foreign borrow United States Lines, Inc.’s, September 23, ing trends and problems associated with 1969, Title V I application for a new 2- Office of the Secretary financing direct investment abroad, of year subsidy agreement covering its ex [Dept. Order 184-B] certain industries, of particular direct isting subsidized services on Trade investment problems, and of the rela Routes 5-7-8—9, 11, and 12 (34 F.R. OFFICE OF FOREIGN DIRECT tionship between the Foreign Direct 15427).,The notice requested interested INVESTMENTS Investment Program to other U.S. Gov persons to offer views and comments for ernment balance of payments programs, consideration by the Board with respect Organization and Functions utilizing the advice and assistance of to its taking any action deemed appro The following order was issued by the the Office of Business Economics and priate and several responses were re Secretary of Commerce on October 27, other interested Federal agencies as ceived. Thereafter, on October 30, 1969, 1969. This material supersedes the ma appropriate; United States Lines, Inc., amended its terial appearing' at 34 F.R. 8303 of d. Plan, coordinate and prepare re original application to withdraw its re May 29,1969. porting forms and respective instruc quest of subsidy for its Trade Routes 5- S e c t io n 1. Purpose. This order pre- tions, prepare special periodic internal 7—8—9 and 11 cargo vessel services. Hav . scribes the organization and assignment analytical reports and special studies re ing considered the submitted comments of functions within the Office of Foreign quested by the Director and prepare data and United States Lines, Inc.’s, partial Direct Investments (the “Office”). on the program for publication; and withdrawal, the Board, in its discretion S e c . 2. Organization structure. The e. Provide policy input in the specific determined that a hearing on the re organization structure and line of au authorization and exemption process. maining Trade Route 12 operations thority within the Office shall be as S ec. 6. Legal Division. The Legal Divi would be in the public interest. depicted in the attached organization sion shall : Accordingly, and notwithstanding the chart. (A copy of the organization chart a. Provide legal advice on applications applicability or inapplicability of section is on file with original of this document for specific authorization or exemption 605(c) of the 1936 Act to a Title VI ap with the Office of the Federal Register.) and prepare necessary correspondence plication for renewal of a subsidy con S e c . 3. Office of the Director. .01 The for transmitting recommendations and tract covering existing subsidized serv Director, as head of the Office, directs decisions; ices, notice is hereby given that a hear and is responsible for all operations of b. Participate in the determination of ing is administratively ordered to be held the Office. need for amendments to the Foreign D i in connection with the applicant’s Trade .02 The Deputy Director for Opera rect Investment'Regulations (the “Regu Route 12, U.S. Atlantic/Far East opera tions assists the Director in management lations” ) and prepare such amendments; tions. The hearing will be expedited to of the Office, is responsible for coordinat c. Prepare and issue general bulletins the maximum extent consistent with the ing activities of the Authorizations and to the public containing detailed inter rights of the parties. The purpose of the Reports Division and of the Compliance pretations of the Regulations and policy hearing will be to receive evidence rele Division and assumes the functions of statements of the Office; vant to (1) whether the effect of a new the Director during the latter’s absence. d. Prepare and issue to applicants subsidy contract would be to give undue .03 The Deputy Director for Plan interpretive opinions concerning the advantage or be unduly prejudicial as ning assists the Director in management Regulations; between citizens of the United States in of the Office and is responsible for co e. Provide legal review and advice on the operations of vessels in the competi ordinating activities of the Program internal documents and on documents tive services on the route involved and Analysis and Policy Division and, con for public release; and provide legal (2) whether a subsidy contract is neces sistent with Department Order 104, of advice and assistance, as may be required, sary to provide adequate U.S.-flag service the Legal Division. to officials of the Office, the Foreign in the accomplishment of the objects and .04 The Assistant Director shall assist Direct Investments Appeals Board, and policy of the Act. the Director by representing the Office the Office of the Secretary; and The prehearing conference will be in contacts with representatives of for f. Participate in the determination of before the Chief Hearing Examiner of the eign governments and commercial and need for reporting forms and changes Maritime Administration (or a designee banking communities and maintaining in reporting forms and in the preparation of his office) as the duly authorized rep liaison with UJ3. banking, business and of such forms: resentative of the Maritime Subsidy trade associations and with agencies of S ec. 7. Authorizations and Reports Board, in Room 4519, General Account the U.S. Government, as directed. Division. The Authorizations and Reports ing Office Building, 441 G Street NW., .05 The Special Assistant to the D i Division shall : Washington, D.C., at 10 a.m., on rector shall perform such duties as the a. Review and recommend action on Noyember 24, 1969, and a recommended - Director will assign. applications from direct investors for decision will be issued. S e c . 4 .Staff Offices. .01 The Admin specific authorization or exemption; Any American-flag carrier by water b. Provide assistance and advice to having any interest and desiring to be' istrative Officer shall arrange for and fa cilitate the provision of administrative current or potential investors regarding heard on the referred-to issues must file any problems they may have under the such request by close of business on No services from the Office of the Secre tary, formulate and execute the budget Regulations and to help them proceed vember 17, 1969, with the Secretary, with their investment plans within the Maritime Subsidy Board, in writing, in of the Office, develop and maintain the internal administrative management context of goals of the Foreign Direct triplicate, stating clearly and concisely Investment Program; the grounds of interest, and the alleged system of the Office, and perform other relied on in support of its position specific administrative assignments as di c. Maintain central files of: Specific m the matter. rected by the Director. authorization, exemption, and compli If no requests to participate in the .02 The Information Officer shall pro ance cases; direct investor reports re ti™ ln? are received within the specified vide public information services for the garding conditions attached to authori “he, the Maritime Subsidy Board will Office. zations and exemptions; and certificates FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 No. 216------s 18098 NOTICES regarding foreign borrowing filed by Group, on the following sulfonamide W arnings direct investors; preparations for systemic use: Deaths associated with the administration d. Evaluate reporting forms and re 1. Sulfapyridine Tablets, 0.5 gram; of sulfonamides have been reported from lated instructions on the basis of prob Parke, Davis & Co., Joseph Campau at hypersensitivity reactions, agranulocytosis, lems and difficulties experienced by re the River, Detroit, Mich. 48282 (NDA aplastic anemia, and other blood dyscrasias. porters; answer inquiries about report 0^695). The presence of clinical signs suedi as sore 2. Sulfapyridine Tablets, 0.5 gram; Eli throat, fever, pallor, purpura, or jaundice ing forms and instructions; monitor and may bé early indications of serious blood assure timely receipt of reports from di Lilly and Co., Post Office Box 618, Indi disorders. rect investors, and contact reporters who anapolis, Ind. 46206 (NDA 0-159). Blood counts and renar function tests are have not filed on time; review direct in This drug is regarded as a new drug recommended during treatment: frequently vestors’ reports for completeness, accu (21 U.S.C. 321 (p )). Supplemental new during the first 2 weeks of therapy and at racy, validity, and potential compliance drug applications are required to revise appropriate intervals thereafter. problems; evaluate reports from direct the labeling in and to update previously Precautions investors for consistency with specific approved applications providing for such authorizations or exemptions previously Sulfonamides should be given with cau drug. The submission of a new-drug ap tion to patients with impaired renal or he granted; and contact reporters regard plication is required from any person patic function and in those with severe ing problems encountered on their re marketing such drug without approval. allergy or bronchial asthma. ports; and The Food and Drug Administration In glucose-6-phosphate dehydrogenase de e. Process reports in an orderly man is prepared to approved new-drug ap ficient individuals hemolysis may occur. ner to assure timely provision of data; plications and supplements to previ This reaction is frequently dose related. plan and coordinate internal informa ously approved new-drug applications Adequate fluid intake must be maintained in order to prevent crystalluria and stone tion flows; arrange for computer pro under conditions described in this graming and processing to meet data formation. announcement. Adverse Reactions requirements ; and develop statistical and special reports with respect to specific S ulfapyridine Blood dyscrasias: Agranulocytosis aplastic authorizations or exemptions, and for A. Effectiveness classification. The anemia, thrombocytopenia, leukopenia, he eign borrowing certified to the Office. molytic anemia, purpura, hypoprothrombi- Food and Drug Administration has con nemia, methemoglobinemia. Sec. 8. Compliance Division. The Com sidered the Academy reports, as well as Allergic reactions: Erythema multiforme pliance Division shall1: other available evidence, and concludes (Stevens-Johnson Syndrome), generalized a. Conduct routine and special audits that sulfapyridine is effective when ad Skin eruptions, epidermal necrolysis, urti and investigations to determine whether ministered for the treatment of derma caria, serum sickness, pruritus, exfoliative direct investors are complying with the titis herpetiformis. dermatitis, anaphylactoid reactions, perior bital edema, conjunctival and scleral injec requirements of the Foreign Direct In B. Form of drug. Sulfapyridine prep vestment Program and take appropriate tion, photosensitization, arthralgia, allergic arations are in tablet form suitable for myocarditis. action; oral administration and contain, per b. Develop and present evidence in any Gastrointestinal reactions: Nausea, eme dosage unit, an amount appropriate for sis, abdominal pdins, hepatitis, diarrhea, administrative proceeding instituted for administration in the dosage range de anorexia, pancreatitis, stomatitis. the enforcement of the Foreign Direct scribed in the labeling conditions in this C.N.S. reactions: Headache, peripheral neu Investment Program; announcement. ritis, mental depression, convulsions, ataxia, c. Examine investigation reports and hallucinations, tinnitus, vertigo, insomnia. information from other sources for pos C. Labeling conditions. 1. The label Miscellaneous reactions: Drug fever, chills, sible violations of the Regulations or bears the statement “ Caution: Federal and toxic nephrosis with oliguria and an other agency actions and prepare mate law prohibits dispensing without uria. Periarteritis nodosum and L.E. phe rials for use in connection with proceed prescription.” nomenon have been noted. ings in the Federal Courts; and 2. The drug is labeled to comply with The sulfonamides bear certain chemical all requirements of the Act and regula similarities to some goitrogens, diuretics d. Advise and assist in the preparation (acetazolamide and the thiazides), and oral of forms required to be filed by direct tions promulgated thereunder and those hypoglycemic agents. Goiter production, di investors and advise other divisions on parts of its labeling indicated below are uresis, and hypoglycemia have occurred general accounting matters. substantially as follows: (Optional ad rarely in patients receiving sulfonamides. S ec. 9. Support Services. The Office of ditional information, applicable to the Cross-sensitivity may exist with these the Assistant Secretary for Administra drug, may be proposed under other ap agents. tion shall provide personnel, finance, propriate paragraph headings and should D osage and A dministration follow the information set forth below.) and administrative services to the Office. Usual Adult Dose— 0.5 Gm., 4 times a day Effective date: October 27,1969. Description until improvement is noted. The daily dose Descriptive information to be included by is then reduced by 0.5 Gm., at 3 day inter- L arry A. Jobe, the manufacturer or distributor should be vais, until maintenance free of symptoms Assistant Secretary confined to an appropriate description of is achieved. Increased dosage may he r®" for Administration. the physical and chemical properties of the quired with recurrences. The minimum - fective dose is the maximum maintenance {F.R. Doc. 69-13314; Filed, Nov. 1, 1969; drug and the formulation. dose. 8:45 a.m.] Actions D. Previously approved applications^ To be supplied by the manufacturer: This is to be confined to an appropriate state L. Each holder of a “ deemed approved ment of the demonstrated pharmacological/ new-drug application (i.e., an application DEPARTMENT OF HEALTH, EDU physiologic actions by the active ingredients which became effective on the basis oi of the drug. When such actions are based on safety prior to Oct. 10, 1962) for’Jirc CATION, AND WELFARE animal studies alone, this should be clearly drug is requested to seek approval oi tn stated. When the mode of action has not been claims of effectiveness and bring t Food and Drug Administration determined, this should be clearly indicated. [D E S I159] I ndications . ting supplements containing: DRUGS FOR HUMAN U5E; DRUG For the treatment of dermatitis herpet a. Revised labeling as needed to con form to the labeling conditions descrioea EFFICACY STUDY IMPLEMENTATION iformis. Contraindications here for the drug, and complete cu - Sulfapyridine for Systemic Use Hypersensitivity to sulfonamides. reirt container labeling, unless recen y Infants less than 2 months of age. submitted. . The Food and Drug Administration Pregnancy at term and during the musing b. Adequate data toassure the biology has evaluated reports received from the period because sulfonamides pass the availability of the drug in the form a National Academy of Sciences-National placenta and are excreted in the milk, and Research Council, Drug Efficacy Study may cause kernicterus. tion which is marketed. I f such data a FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 NOTICES 18099 already included in the application, §§ 130.35(e) and 130.13(b) (4) are waived specific reference thereto may be made. in regard to applications approved for CIVIL AERONAUTICS BOARD c. Updating information as needed tothis drug solely for the conditions of use make the application current in regard for which the drug is regarded as effec [Dockets Nos. 20244 and 20336] to items 6 (components), 7 (composi tive as described herein. ALOHA AIRLINES, INC., AND tion), and 8 (methods, facilities, and G. Unapproved use or form of drug. HAWAIIAN AIRLINES, INC. controls) of the new-drug application 1. I f the article is labeled or advertised form FD-356H to the extent described in for use in any condition other than that Notice of Second Prehearing the proposal for abbreviated new-drug provided for in this announcement, it Conference applications, § 130.4(f), published in the may be regarded as an unapproved new- Federal R egister February 27, 1969. drug subject to regulatory proceedings Notice is hereby given that a second (One supplement may contain all the until such recommended use is approved prehearing conference in the above- information described in this para in a new-drug application, or is other entitled matter is assigned to be held on graph.) wise in accord with this announcement. November 18, 1969, at 10 a.m., e.s.t., in 2. Such supplements should be sub 2. If the article is proposed for mar Room 726, Universal Building, 1825 Con mitted within the following periods after keting in another form or for a use other necticut Avenue NW., Washington, D.C., the date of publication of this notice in than the use provided for in this an before the undersigned examiner. the Federal R egister: nouncement, appropriate additional in Dated at Washington, D.C., November a. 60 days for revised labeling—the formation as described in §§ 130.4 or 4, 1969. supplement should be submitted under 130.9 of the regulations (21 CFR 130.4, the provisions of § 130.9 (d) and (e) of 130.9) may be required, including results [ seal] M ilt o n H. S hapiro , the new-drug regulations (21 CFR 130.9) of animal and clinical tests intended to Hearing Examiner. which permit certain changes to be put show whether the drug is safe and [F.R. Doc. 69-13360; Filed, Nov. 7, 1969; into effect at the earliest possible time. effective. 8:48 a.m.] b. 180 days for biologic availability Representatives of the Administration data. are willing to meet with any interested [Docket No. 20760; Order 69-11-12] c. 60 days for updating information. person who desires to have a conference 3. Marketing of the drug may con concerning proposed changes in the la BERWIND CORP. ET AL. tinue, until the supplemental applications beling set forth herein. Requests for submitted in accord with the preceding such meetings should be made to the Order Regarding Approval or a subparagraphs 1 and 2 are acted upon, Office of Marketed Drugs (MD-300), at Disclaimer of Jurisdiction provided that within 60 days after the the address given below, within 30 days Adopted by the Civil Aeronautics Board date of this publication, the labeling of after the publication of this notice in the the preparation shipped within the juris at its office in Washington, D.C., on the F ederal R e g ist e r . 4th day of November 1969. diction of the Act is in accord with the A copy of the NAS-NRC report has labeling conditions described in this The Berwind Corp. (Berwind), Trade- been furnished to the firms referred to winds and Western Airways, Inc. (Trade- announcement. above^ Any other manufacturer, packer, E. New Applications. 1. Any other per winds), Tradewinds Investment Co. or distributor of a drug of similar com (T W IC ), Berwind Lines, Inc. (Berwind son who distributes or intends to distrib position and labeling to the drug listed ute such drug which is intended for the Lines), and the Porto Rico Lighterage in this announcement or any other in Co. (Porto Rico) have submitted an ap conditions of use for which it has been terested person may obtain a copy by re shown to be effective, as described under plication for approval pursuant to sec quest to the appropriate office named tion 408 of the Federal Aviation Act of A above, should submit an abbreviated below. new-drug application meeting the con 1958, as amended (the Act) or, in the Communications forwarded in re alternative, a disclaimer of jurisdiction ditions specified in the proposed regula sponse to this announcement should be tion, § 130.4(f) (1), (2), and (3), pub with respect to (1) the acquisition of 90 identified with the reference number lished in the F ederal R eg ister of Febru percent of the stock of Tradewinds by DESI 159 and be directed to the atten ary 27,1969. Such applications should in Berwind, (2) the acquisition of control tion of the following appropriate office of TW IC by Berwind, and (3) the lease clude proposed labeling which is in accord and addressed to the Food and Drug Ad with the labeling conditions described of certain aircraft from TWIC by Trade ministration, 200 C Street SW., Wash winds. The application also seeks ap herein and adequate data to assure the ington, D.C. 20204: biologic availability of the drug in the proval, to the extent required, or, al formulation which is marketed or pro Requests for NAS-NRC report: Press Re ternatively, a disclaimer with respect to posed for marketing. lations Office (CE-300). various interlocking relationships. 2. Distribution of any such prepara Supplements (identify with NDA num Berwind is a company engaged in var tion currently on the market without an ber) : Office of Marketed Drugs (M D- ious business enterprises through numer approved new-drug application may be 300) , Bureau of Medicine. ous subsidiaries and divisions.1 Among continued provided that: Original abbreviated new-drug applica these companies controlled by Berwind a. Within 60 days from the date of tions ^(identify as such): Office of are Porto Rico and Berwind Lines. Porto publication of this announcement in the Marketed Drugs (MD-300), Bureau of Rico owns and operates seven tugboats federal R egister, the labeling of such Medicine. and one barge. Its services include, Preparation shipped within the jurisdic All other communications regarding this among other things, hauling bulk ma tion of the Act is in accord with the label- announcement: Special Assistant for terial barges for various customers, haul fhg conditions described herein. Drug Efficacy Study Implementation ing barges of Berwind Lines in the Carib I .!?• manufacturer, packer, or dis- (M D-16), Bureau of Medicine. bean, and, on occasion, the hauling of ™ «to r of such drug submits, within property on its own barge. Berwind Lines This notice is issued pursuant to the «so days from the date of this publica- is in the business of transporting prop provisions of the Federal Food, Drug, o °j V? new-drug application to the Food erty by water between San Juan, St. and Drug Administration. and Cosmetic Act (secs. 502, 505, 52 Stat. Thomas, and St. Croix. Applicants state c< ^ e applicant submits within a 1050-53, as amended; 21 U.S.C. 352, 355) that Berwind Lines is considered by the tha®onable time, additional information and under the authority delegated to the Federal Maritime Commission to be a mat may be required for the approval of water carrier by vessel. Commissioner of Food and Drugs (21 Tradewinds is an air taxi operator con „ aPPlication as specified in a written CFR 2.120). mmmunication from the Food and Drug ducting operations on a scheduled basis Administration. Dated: November 3,1969. J ' The application has not been ruled H erbert L. L e y , Jr., 1 The Berwind-White Co., a nonoperating complete or unapprovable. Commissioner of Food and Drugs. holding company, owns 100 percent of the stock of Berwind. Charles Q. Berwind and Thp Exe™,Pti°n from periodic reporting. [F.R. Doc. 69-13331; Filed, Nov. 7, 1969; C. G. Berwind, Jr., hold 90 percent of Ber Periodic reporting requirements of 8:46 a.m.] wind-W hite’s stock. FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 18100 NOTICES within Puerto Rico and between Puerto transportation business. Furthermore, 408 of the Act which normally apply to Rico and the Virgin Islands. TW IC was both Berwind Lines and Porto Rico, al the lease of aircraft from a person en formed by Berwind for the purpose of though operating between some of the gaged in a phase of aeronautics.7 acquiring and leasing aircraft to same points as Tradewinds, provide Upon consideration of the foregoing, Tradewinds. transportation by barge. Due to the rela the Board has concluded tentatively that Applicants indicate that Tradewinds tively slow speed of this type of service, the acquisition of control of TWIC by became insolvent in the fall of 1968, and and in light of the bdlky nature of many Berwind, while Berwind controls Trade had to suspend scheduled passenger serv of the commodities transported, it ap winds, does not affect the control of an ice. Under these circumstances, negotia pears that the cargo operations of Porto air carrier directly engaged in the oper tions were undertaken with Berwind, Rico and Berwind Lines would not, from ation of aircraft in air transportation, and, on December 13,1968, Berwind pur a practical standpoint, be competitive does not result in creating a monopoly, chased 90 percent of the stock of Trade with those of Tradewinds since the type and does not tend to restrain competi winds. Shortly thereafter Berwind of commodity normally shipped by barge tion. Furthermore, no person disclosing formed TW IC to purchase and lease would not be suitable for shipment by a substantial interest is currently re equipment to Tradewinds. TW IC has air. Furthermore, the small cargo ca questing a hearing, and it is found that leased one aircraft to Tradewinds and pacity of the relatively light aircraft used the public interest does not require a Tradewinds resumed scheduled service by Tradewinds appears to^make it un hearing.8 In this connection, we will defer on January 22, 1969. As a result of the likely that Tradewinds could accommo action on Caribair’s petition for leave to foregoing transactions, various inter date such commodities, even if it wished intervene, which will be moot if the locking relationships have been created to do so. Moreover, the striking differ Board makes final the tentative approval between Tradewinds and various com ence in cost of shipment by water, as proposed herein. panies in the Berwind-White corporate compared with shipment by air, tends IH. Various officers and directors of structure, as well as relationships be to preclude the shipment by air of those Berwind have assumed similar positions tween Berwind and Western Pacific Rail commodities of high volume and weight with Tradewinds and TWIC, thereby road Co. (Western-Pacific) involving normally associated with barge trans creating interlocking relationships Mr. A. W. Whittlesey. portation.6 Although there is always the among the three companies. However, No comments have been received.2 possibility that goods suitable for air Tradewinds, pursuant to § 298. llth ) of I. It appears that Berwind Lines and transportation (i.e., goods of low weight the Board’s economic regulations, is ex Porto Rico are common carriers and and high value) could be sent via barge empt from the provisions of section 409. that TW IC is a person engaged in a between Puerto Rico and the Virgin Is Similarly, the individuals involved in phase of aeronautics—all within the lands, the effect of such an occurrence such interlocking relationships are ex meaning of section 408 of the Act. Thus, on Tradewinds would appear to be mini empt from the provisions of section 409 the application presents a situation mal. In this connection, the application pursuant to § 298.14 of the economic where a person who controls two com asserts that Tradewinds carried no air regulations, with the exception of Mr. mon carriers has acquired control of an freight between Puerto Rico and the A. W. Whittlesey. air carrier. The Board has held that such Virgin Islands in 1968, and it expects As regards Mr. Whittlesey, we have de common control relationships are sub to carry little, if any, in 1969. cided to disclaim jurisdiction over the ject to section 408 of the Act.3 However, II. Regarding the common control by holding by him of directorships in Ber having considered the record herein, we Berwind of TW IC and Tradewinds, the wind and Western Pacific. Literally, the have determined that there do not ap Board concludes that TW IC is a person provisions of section 409(a) of the Act pear to be any immediate regulatory engaged in a phase of aeronautics within are not applicable to a person simul problems raised by the common control the meaning of section 408 of the Act by taneously holding directorships in a per relationships resulting from Berwind’s reason of its ownership and leasing of son controlling an air carrier (Berwind) acquisition of control of Tradewinds, aircraft and, therefore, that its estab and in a common carrier (Western and accordingly, we have tentatively4 lishment and control by Berwind, a per Pacific). However, the Board has stated decided to exempt the acquisition of son controlling an air carrier, is subject in the pas£ that, where necessary, sep Tradewinds by Berwind from the re to section 408(a) (6) of the Act. Accord arate corporate entities may be disre quirements of section 408 pursuant to ing to the application Berwind has in garded and that persons controlling air subsection (a) (5), as amended by Pub vested substantial funds in TWIC, and carriers would be considered as air car lic Law 91-62.® Tentatively, we do not plans to provide TW IC with approxi riers for section 409 purposes.8 In all such find that the acquisition will be incon mately $2 million in 1969 for aircraft cases the Board must be guided by the sistent with the public interest or that acquisition. To date, TW IC has con substantial practical relationships in the conditions of section 408 will be tracted to purchase four aircraft. volved, rather than by form. In the in unfulfilled. Moreover, there have been and will be stant case there do not appear to be any In reaching our decision in this matter transactions among Berwind, TW IC and regulatory problems raised by Mr. Whit we have taken into consideration the Tradewinds. Normally, the Board would tlesey’s holding directorships in Berwind fact that Tradewinds is engaged essen be reluctant to approve without limita and Western Pacific. Western Pacific is tially in the passenger transportation tion the acquisition of control of a phase primarily engaged in the transportation business and the surface carrier sub of aeronautics by a person controlling an of freight by rail on the west coast ot sidiaries of Berwind are in the cargo air carrier when such acquisition would the United States, while Berwind, result in transactions between the com through Tradewinds, Is concerned with 2 Caribbean Atlantic Airlines, Inc. (Carib- panies under common control. However, the transportation of passengers by air air) has - filed a petition for leave to it appears that the control of TW IC by intervene. Berwind will benefit Tradewinds, who *Cf. Air Freight Forwarder Case 9 CAB will have available the equipment neces 7 Under §298.11 of the Board’s economic 473,504 (1948). sary to meet the needs of the public, and •egulations, transactions involving the le ^ xf aircraft by Tradewinds from TWIC are 4 We propose to grant final exemption re that the transaction therefore is in the lief at the same time we issue a final order îxempt from the requirements of &ectl FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 NOTICES 18101 in the area of Puerto Rico and the Vir in the above-entitled proceeding will be accomplished at any time prior to sched gin Islands. Because of an apparent lack held on December 2, 1969, at 10 a.m., uled departure. of a conflict of interest, the Board has e.s.t., in Room 726, Universal Building, No justification has been submitted by determined that it will recognize and 1825 Connecticut Avenue NW „ Wash either carrier in support of their pro respect the separate corporate entities ington, D.C., before the undersigned posals and no complaints have been filed. involved and disclaim jurisdiction over examiner. Upon consideration of all relevant the interlocking relationships. For information concerning the issues matters, the Board finds that Northwest’s In view of the foregoing, the Board involved and other details in this pro and Western’s proposals may be unjust, tentatively, concludes that it should <1) ceeding, interested persons are referred unreasonable, unjustly discriminatory, exempt the acquisition of control of to the prehearing conference report unduly preferential, or unduly prejudi Tradewinds by Berwind, while Berwind served on September 25, 1969, and other cial, or otherwise unlawful and should controls Berwind Lines and Porto Rico; documents which are in the docket of be investigated. and (2) approve without hearing, under this proceeding on file in the Docket Sec The carriers’ proposals require that the third proviso of section 408(b) of tion of the Civil Aeronautics Board. youth advance reservation fare passen the Act, the acquisition of control of Dated at Washington, D.C., October 28, gers confirm their reservations 48 hours TWIC by Berwind, who controls Trade- 1969. prior to departure yet no explanation or winds. The Board also concludes that it statements supporting these proposed should disclaim jurisdiction over the in [ s e a l ] M il t o n H . S h a p ir o , tariff revisions have been provided. Con terlocking relationships created by the Hearing Examiner. sequently, the Board concludes that the holding by Mr. Whittlesey of director [F.R. Doc. 69-13361; Filed, Nov. 7, 1969; proposal should be suspended pending ships with Berwind and Western Pacific. 8:48 a.m.] investigation. In its final order the Board will reserve Accordingly, pursuant to the Federal jurisdiction generally over the control [Docket No. 20398] Aviation Act of 1958 and particularly relationships which it will therein ex sections 204(a), 403, 404, and 1002 empt or approve. Accordingly, under sec MINIMUM CHARGES PER SHIPMENT thereof, tion 408 of the Act, this order constitutes, OF AIR FREIGHT It is ordered, That : among other things, notice of the Board’s Notice of Postponement of Hearing 1. An investigation be instituted to tentative findings, and will be published determine whether the provisions of in the F ederal R e g ist e r . Interested per By letters of October 21 and 24, 1969, Rule No. 26(F) (4) on 15th and 16th sons will be afforded an opportunity to Bureau Counsel requested a postpone Revised Pages 18-C of Airline Tariff file comments or request a hearing on ment of the hearing in the above-entitled Publishers, Inc., Agent’s CA..B. No. 98, the Board’s tentative decision. proceeding and suggested new procedural and rules, regulations, and practices Accordingly, it is ordered, That: dates for the submission of information affecting such provisions, are or will be 1. The acquisition of control of Trade- responses, exhibits, and testimony. The unjust or unreasonable, unjustly dis winds by Berwind be and it hereby is Bureau states that this information is criminatory, unduly preferential, un tentatively exempted from the require essential to assure an adequate record duly prejudicial, or otherwise unlawful, ments of section 408(a)(5) of the Act; for decision. and if found to be unlawful, to determine 2. The acquisition of control of TW IC Under these circumstances, and pur and prescribe the lawful provisions, and by Berwind be and it hereby is tenta rules, regulations, or practices affecting tively approved; suant to the provisions of the Federal Aviation Act of 1958, as amended, notice such provisions; 3. 'Die request for a disclaimer of jur is hereby given that hearing in this pro 2. Pending hearing and decision by isdiction under section 409 of the Act over ceeding now assigned to be held on No the Board, the provisions of Rule No. the interlocking relationship pertaining vember 18, 1969, is postponed pending 26(F)(4) on 15th and 16th Revised to Mr. A. W. Whittlesey be and it hereby Pages 18-C of Airline Tariff Publishers, is granted; receipt of answers and a ruling on Bu reau Counsel’s request. Inc., Agent’s CAB No. 98 are suspended 4. Interested persons are hereby af and their use deferred to and including forded a period of ten (10) days from Dated at Washington, D.C., Novem February 5, 1970, unless otherwise or the date of issuance of this order within ber 3, 1969. dered by the Board, and that no changes which to file comments or request a be made therein during the period of hearing with respect to the Board’s pro [ s e a l ] T h o m a s P. S h e e h a n , suspension except by order or special posed action described in ordering para Hearing Examiner. permission of the Board; graphs 1 and 2 above; 10 and [F.R. Doc. 69-13363; Filed, Nov. 7, 1969; 3. This investigation be assigned for 5. The Attorney General of the United 8:48 a.m.] hearing before an examiner of the Board States be furnished a copy of this order at a time and place hereafter to be within 1 day of publication. [Docket No. 21577; Order 69-11-10] designated; and This order shall be published in the 4. A copy of this order be filed with Federal R e g ist e r .' NORTHWEST AIRLINES, INC. AND the aforesaid tariff and served upon WESTERN AIR LINES, INC. By the Civil Aeronautics Board. Northwest Airlines, Inc., and Western Order of investigation and Air Lines, Inc., which are hereby made [ seal] M abel M cC art, parties to this proceeding. Suspension Acting Secretary. This order will be published in the [F.R. Doc. 69-13359; Filed, Nov. 7, 1969; Adopted by the Civil Aeronautics F ederal R e g ist e r . 8:48 a.m.] Board at its office in Washington, D.C., on the 4th day of November 1969. By the Civil Aeronautics Board. [Docket No. 20946 etc.] By tariff revisions marked to become [ s e a l ] M abel M cC art, Acting Secretary. HARLLEE BRANCH, JR. ET AL. AND effective November 8 and 12, 1969,1 Northwest Airlines, Inc. (Northwest) and [F.R. Doc. 69-13358; Filed., Nov. 7, 1969; UNITED STATES STEEL CORP. Western Air Lines, Inc. (Western)2 pro 8:48 a.m.] Notice of Hearing pose a requirement in connection with [Docket No. 21554] local youth advance reservation fares th^°tice. hereby given, pursuant to QUEBEC AIR A . Provisions of the Federal Aviation that the reservation be confirmed and the 1958, as amended, that a hearing ticket issued at least 48 hours prior to departure from point of origin. Presently Application for a Foreign Air Carrier reservations may be made and ticketing Permit; Notice of Prehearing Con mpn+*. n'^nerL’f;s shall conform to the require ference and Hearing CpR mm ^ Board’s rules of practice (1 fiie Further, since an opportunity t 1 Revisions to Airline Tariff Publishers, Inc., Notice Is hereby given that a prehear for is provided, petitior Agent, Tariff CAB No. 98. ing conference on the above-entitled ap entertaS?emti0n ° f ^ 0rder w il1 not h 2 Western is proposing to offer youth reser plication is assigned to be held on No vation fares for the first time. vember 14, 1969, at 10 a.m., e.s.t., in FEDERAL REGISTER, VOL. 34, MO. 216— SATURDAY, NOVEMBER 8, 1969 18102 NOTICES Room 911, Universal Building, 1825 Con guidance; . and evaluates progress MANUAL ARTS THERAPIST SERIES necticut Avenue NW., Washington, D.C., competently. before Examiner William P. Cusick. Notice of Establishment of Prescribed U n it e d S tates C iv il S er v Minimum Educational Requirements Notice is also given that the hearing ic e C o m m is s io n , may be held immediately following con [ s e a l ] Ja m e s C. S p r y , In accordance with section 3308 of clusion of the prehearing conference un Executive Assistant to title 5, United States Code, the Civil Serv less at or prior to the conference a person the Commissioners. ice Commission has decided that mini objects or shows reason for further [P.R. Doc. 69-13311; Piled, Nov. 7, 1969; mum educational requirements should postponement. 8:45 a.m .] be established for positions in the Man- Dated at Washington, D.C., November al Arts Therapist Series, GS-637. The 4,1969. requirements, the duties of the positions, EDUCATIONAL THERAPIST SERIES and the reasons for the Commission’s [ s e a l ] R a l p h L. W is e r , decision that requirements are necessary Associate Chief Examiner. Notice of Establishment of Prescribed Minimum Educational Requirements are set forth below. [P.R. Doc. 69-13362; Piled, Nov. 7, 1969; T h e M a n u a l A rts T h e r a p is t S eries, GS- 8:48 a.m .] In accordance with section 3308 of 637 (A l l P o s it io n s ) title 5, United States Code, the Civil Service Commission has decided that Minimum Educational Requirements. m in im u m educational requirements Candidates must have successfully com CIVIL SERVICE COMMISSION should be established for positions in pleted a 4-year course of study at an the Educational Therapist Series, GS- accredited college or university leading CORRECTIVE THERAPIST SERIES 637. The'requirements, the duties of the to a bachelor’s degree in industrial edu Notice of Establishment of Prescribed positions,, and the reasons for the Com cation, industrial arts education, manual Minimum Educational Requirements mission’s decision that requirements are arts therapy, or occupational therapy. necessary are set forth below. Duties. Manual Arts Therapists per In accordance with section 33Q8 of form professional work utilizing indus title 5, United States Code, the Civil E d u c a t io n a l T h e r a p is t S e r ie s , GS-639 trial arts activities in the treatment and Service Commission has decided that (A l l P o s it io n s ) rehabilitation of patients having physical minimum educational requirements Minimum Educational Requirements. or mental disabilities. Manual arts thera should be established for positions in the Candidates must have successfully com pists evaluate the vocational potential Corrective Therapist Series, GS-635. The pleted a 4-year course of study at an of patients; devise projects and equip requirements, the duties of the positions, accredited college or university leading ment to maintain or improve skills or and the reasons for the Commission’s to a bachelor’s degree with major study promote recovery of patients; and eval decision that requirements are neces in education, or in a field directly appli uate ability of patients to work in actual sary are set forth below. cable to the work such as occupational or simulated work environments. therapy or psychology provided that the Reasons for Establishing Require T h e C or r ective T h e r a p is t S e r ie s , ments. The duties of these positions can GS-635 (A l l P o s it io n s ) curriculum has included or been supple mented by a minimum of 12 semester not be performed without a sound basic Minimum Educational Requirements. credit hours in education. knowledge of the scientific and techno Candidates must have successfully com Duties. Educational therapists per logical principles, concepts, and prac pleted a 4-year course of study at an form professional work utilizing the con tices underlying professional work in manual arts therapy. The duties of the accredited college or university leading cepts, principles, methods, and practices positions require the application of to a bachelor’s degree in physical educa of education in the treatment and reha tion, corrective therapy, or physical highly technical information and skills bilitation of patients having physical or acquired only through the successful therapy. mental disabilities. Educational thera completion of a course of study in an Duties. Corrective therapists perform pists evaluate the learning ability or accredited college or university which has professional work requiring the applica educational level of patients by use of tion of knowledge of the concepts, prin technical libraries, well-equipped labora educational tests and measurements. tories, and thoroughly trained instruc ciples, and practices of physical educa They use educational situations, meth tors; gives expert guidance; and eval tion and rehabilitation therapy. They ods, and equipment to enable the patient plan and carry out treatment in which to achieve therapeutic objectives such as uates progress competently. they use or adapt various types of physi diminishing emotional stress, providing U n it e d S tates C iv il S erv cal exercised physical activities, and a sense of achievement,' or channeling ic e C o m m is s io n , equipment for the health maintenance, energies into acceptable forms of [ s e a l ] J a m es C. S p r y , physical reconditioning, resocialization, behavior. Executive Assistant to or mental restoration of patients. They Reasons for Establishing Require the Commissioners. perform tests and evaluations of muscle ments. The duties of these positions can [P.R. Doc. 69-13313; Piled, Nov. 7, 1969; strength, endurance, coordination, bal not be performed without a sound basic 8:45 a.m.] ance, and vital capacity. They provide knowledge of the principles, theories, individual or group instruction in physi concepts, and practices of education. The cal exercise to patients. They devise duties of the positions require the ap adaptations of equipment for use of plication of highly technical information patients. FEDERAL POWER COMMISSION and skills acquired only through the suc [Docket No. CP70-107] Reasons for Establishing Require cessful completion of a course of study ments. The duties of these positions can in an accredited college or university ARKANSAS LOUISIANA GAS CO. not be performed without a sound basic which has technical libraries, well- knowledge of the principles, theories, equipped laboratories, and thoroughly Notice of Application concepts, and practices of physical edu trained instructors; gives expert guid N o vem ber 4, 1969. cation and rehabilitation therapy. The ance; and evaluates progress Take notice that on October 24, 1969, duties of the positions require the appli competently. d Arkansas Louisiana Gas Co. (apphcan > cation of highly technical information >ost Office Box 1734, Shreveport, ha. and skills acquired only through the U n it e d S tates C i v il S er v ic e C o m m is s io n , 1102, filed in Docket No. CP70-107 a successful completion of a course of study [ s e a l ] J am e s C. S p r y , application pursuant to section 7(c in an accredited college or university Executive Assistant to the he Natural Gas Act and § 157.7(b) o which has technical libraries, well- Commissioners. egulations thereunder for a certiflca equipped laboratories, and thoroughly [P.R. Doc. 69-13312; Piled, Nov. 7, 1969; lublic convenience and necessity trained instructors; gives expert 8:45 a.m.] horizing the construction during FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 NOTICES 18103 calendar year 1970 and the operation of {Docket No. RP69-22] Mcf annually (50,000 Mcf per day) which facilities to enable applicant to take into CASCADE NATURAL GAS CORP. Mountain Fuel is obligated to purchase its certificated main pipeline system nat under the contract if Cascade can show ural gas which will be purchased from Order Instituting Investigation and requisite deliverability. producers thereof, all as more fully set Permitting Intervention On June 26,1969, Cascade filed a letter forth in the application which is on file supplementing its petition and on July 1 with the Commission and open to public O ctober 29,1969. and July 17, Mountain Fuel filed letters inspection. On February 7, 1969, Cascade Natural answering the claims in Cascade’s The purpose of this budget-type ap Gas Corp. (Cascade) filed a petition with June 26 letter. In its supplement Cascade plication is to augment applicant’s ability the Commission requesting the Commis alleges that “ additional facilities and gas to act with reasonable dispatch in con sion to institute an investigation as to the supply are required to increase the de tracting for and connecting to its pipe lawfulness and reasonableness of the liverability of Cascade’s system” to meet line system additional supplies of nat rates and charges set out in its FPC Gas contract requirements, that “ Cascade is ural gas in areas generally coextensive Rate Schedule No. 1, and the lawfulness required by the regulations and the pub with said system. of certain other terms and conditions lic interest to show a market to justify Applicant requests that the cost also contained in that rate schedule. the additional expansion” and that limitation set forth in § 2.58(a) of the Cascade alleges that the rate levels are “ Mountain Fuel has repeatedly refused Commission’s General Policy and Inter so low as to adversely impair its finan to furnish Cascade a schedule of future pretations be waived to permit the ex cial ability to continue or expand its requirements” . In answer, Mountain Fuel penditure of up to $5,720,100 for all services, cast upon its other customers asserts that “if Cascade were able to de facilities. The application states that an excessive burden, and is therefore un liver 50,000 Mcf per day, Mountain Fuel the total cost for facilities for any single just, unlawful, unreasonable, unduly dis would, as it has from the inception o f project wil not exceed $500,000. The pro criminatory, confiscatory, and contrary the contract, stand ready, willing and posed facilities will be financed with cash to the public interest. It further urges able to purchase said amount.” on hand, cash generated from internal that certain other provisions in Rate It appears that the question of whether sources, and short-term borrowing. Schedule No. 1 are also unjust, unlawful, Cascade can deliver and Mountain Fuel Any person desiring to be heard or to unduly discriminatory, in restraint of will take 18,250,000 Mcf annually under make any protest with reference to said trade, illegal, and contrary to the public the terms of the contract Is critical to application should on or before Decem interest. Cascade requests that a hearing the determination of whether the con ber 1, 1969, file with the Federal Power be held on these matters, that the Com tract rate is so low as to adversely affect Commission, Washington, D.C. 20426, a mission by order permit the filing of just the public interest. I f sales of 18,250,000 petition to intervene or a protest in ac and reasonable rates, and to the extent M cf were made, there would appear to cordance with the requirements of the that the Commission finds other terms be no basis in Cascade’s pleadings for Commission’s rules of practice and pro and conditions unlawful or contrary to undertaking an investigation of the law cedure (18 CFR 1.8 or 1.10) and the the Natural Gas Act that such provisions fulness and reasonableness of Its rates regulations under the Natural Gas Act be declared inoperative, and of no force and charges to Mountain Fuel. The pres (18 CFR 157.10). All protests filed with and effect. entation in Cascade’s petition is predi the Commission will be considered by it Mountain Fuel Supply Co. (Mountain cated on a lower level of sales and, ob in determining the appropriate action to Fuel), Cascade’s sole customer under viously, in the absence of a significant be taken but will not serve to make the that rate schedule, filed a petition to increase in facilities, or cost of purchased Protestants parties to the proceeding. intervene in opposition to Cascade’s re gas, neither of which it has suggested is Any person wishing to become a party to quest. Notices of intervention in support likely, Cascade’s return will be markedly a proceeding or to participate as a party of Cascade’s petition were filed by the greater than shown in its petition, if in any hearing therein must file a peti Public Utility Commissioner of Oregon Mountain Fuel can and will take- at the tion to intervene in accordance with the and the Washington Utilities and Trans 18,250,000 Mcf annual rate. Commission’s rules. portation Commission. Notices of inter Because of the conflicting claims in the Take further notice that, pursuant vention in opposition were filed by the pleadings, we are unable to determine to the authority contained in and sub Public Service Commission of Utah and from those pleadings how much gas Cas ject to the jurisdiction conferred upon the Public Service Commission of cade can deliver and Mountain Fuel the Federal Power Commission by sec Wyoming. would take under the contract. Accord tions 7 and 15 of the Natural Gas Act Ip opposition, Mountain Fuel asserts ingly, we will institute an investigation, and the Commission's rules of practice a number of reasons for rejecting Cas and provide for evidentiary hearings to and procedure, a hearing will be held cade’s petition. Among the principal the extent necessary, limited to the without further notice before the Com reasons advanced by Mountain Fuel are threshold issue of how much gas can be is ió n on this application if no peti the following: the decisions in United delivered by Cascade and would be taken tion to intervene is filed within the time Gas Pipe Line Co. v. Mobile Gas Service by Mountain Fuel under this contract. required herein, if the Commission on Corp., 350 U.S. 332, and F.P.C. v. Sierra Resolution of that issue should enable us its own review of the matter finds that Pacific Power Co., 350 U S. 348, stand for to determine whether further proceed a grant of the certificate is required by the proposition that private gas purchase ings upon the complaint are warranted. the public convenience and necessity. I f contracts should not be disturbed except The Commission finds: a petition for leave to intervene is timely in extraordinary circumstances; Cascade (1) It is necessary and appropriate in or if the Commission on its own voluntarily agreed to the 21-cent non- carrying out the provisions of section Motion believes that a formal hearing is tract rate; Cascade, which is primarily 5 (a ) of the Natural Gas Act that an in required, further notice of such hearing a gas distribution company, has not vestigation and hearing be instituted to be duly given. shown that the rate for the sale to determine how much gas Cascade can Mountain Fuel is so low as to impair its deliver and Mountain Fuel would pur Under the procedure herein provided chase under the terms of the contract for, unless otherwise advised, it will be financial ability; and the calculations furnished by Cascade purporting to show filed as Cascade’s FPC Gas Rate Sched unnecessary for applicant to appear or an inadequate return on its sale to ule No. 1. oe represented at the hearing. Mountain Fuel are of no probative value (2) The participation of Mountain for several reasons, the most significant Fuel in this proceeding is in the public G o r d o n M. G r a n t , interest. Secretar of which is Cascade’s assumption that it The Commission orders: [PA. Doc. 69-13338; Filed, Nov. 7, 1969; will sell only 13,140,000 Mcf annually FEDERAL REGISTER, VOL. 34, NO. 216— -SATURDAY, NOVEMBER 8, 1969 18104 NOTICES 14, 15, and 16 thereof, and the Commis application should on or before Novem house containing one generator rated at sion’s rules of practice and procedure, an ber 25, 1969, file with the Federal Power 75 kw., and (6) appurtenant facilities. investigation is hereby instituted to de Commission, Washington, D.C. 20426, Any persoli desiring to be heard or to termine how much gas Cascade can de a petition to intervene or a protest in make any protest with reference to said liver and Mountain Fuel would purchase accordance with the requirements of the application should on or before Decem under the terms of the contract filed as Commission’s rules of practice and pro ber 22, 1969, file with the Federal Power Cascade’s FPC Gas Rate Schedule No. 1. cedure (18 CFR 1.8 or 1.10) and the Commission, Washington, D.C. 20426, (B) Mountain Fuel is hereby per regulations under the Natural Gas Act petitions to intervene or protests in ac mitted to intervene in this proceeding (18 CFR 157.10). All protests filed with cordance with the requirements of the subject to the rules and regulations of the Commission will be considered by it Commission’s rules of practice and pro the Commission. in determining the appropriate action to cedure (18 CFR 1.8 or 1.10). All protests (C) Pursuant to the provisions of be taken but will not serve to make the filed with the Commission will be con § 1.18 of the Commission’s rules of prac protestants parties to the proceeding. sidered by it in determining the appro tice and procedure, a prehearing confer Any person wishing to become a party priate action to be taken but will not ence before a duly designated presiding to a proceeding or to participate as a serve to make the protestants parties to examiner shall commence at 10 a.m., party in any hearing therein must file the proceeding. Persons wishing to be e.s.t., on November 18, 1969, in a hearing a petition to intervene in accordance come parties to a proceeding or to par room of the Federal Power Commission, with the Commission’s rules. ticipate as a party in any hearing therein 441 G Street NW., Washington, D.C. Take further notice that, pursuant to must file petitions to intervene in ac 20426, for the purpose of defining the the authority contained in and subject cordance with the Commission’s rules. issues, reaching an agreement and stipu to the jurisdiction conferred upon the The application is on file with the Com lation thereon with respect to any facts Federal Power Commission by sections mission and available for public relevant to this proceeding and, if neces 7 and 15 of the Natural Gas Act and the inspection. sary to set dates for the filing evidence Commission’s rules of practice and pro G ordon M. G rant, and to prescribe procedures for hearing. cedure, a hearing will be held without Secretary. (D ) A presiding examiner designated further notice before the Commission on [F.R. Doc. 69-13340; Filed, Nov. 7, 1969; by the Chief Examiner for that purpose this application if no petition to inter 8:47 a.m.] tsee Delegation of Authority, 18 CFR 3.5 vene is filed within the time required herein, if the Commission on its own (d) 1, shall preside at the prehearing con [Docket No. CP70-112] ference in this proceeding and at hear review of the matter finds that a grant ings to be held at times he designates, of the certificate is required by the public EL PASO NATURAL GAS CO. shall prescribe relevant procedural mat convenience and necessity. I f a petition ters not herein provided, and shall con for leave to intervene is timely filed, or Notice of Application trol this proceeding in accordance with if the Commission on its own motion be lieves that a formal hearing is required, N ovember 4,1969. the policies expressed in § 2.59 of the Take notice that on October 27, 1969, Commission’s rules of practice and further notice of such hearing will be duly given. El Paso Natural Gas Co. (applicant), procedure. Under the procedure herein provided Post Office Box 1492, El Paso, Texas By the Commission. for, unless otherwise advised, it will be 79999, filed in Docket No. CP70-112 an application pursuant to section 7(c) of [ seal] G ordon M . G rant, unnecessary for applicant to appear or be represented at the hearing. the Natural Gas Act for a certificate of Secretary. public convenience and necessity author [F.R. Doc. 69-13337; Filed, Nov. 7, 1969; G ordon M. G rant, izing the construction and operation of 8:46 a.m.] Secretary. certain facilities necessary for the sale [F.R. Doc. 69-13339; Filed, Nov. 7, 1969; and delivery of additional quantities of [Docket No. CP70-113] 8:46 a.m.] natural gas to Southern Union Gas Co. (Southern) for resale and distribution m COLORADO INTERSTATE GAS CO. the area of Clarksdale and Cottonwood, [Project No. 1432] Ariz., all as more fully set forth in the Notice of Application CWC FISHERIES, INC. application on file with the Commission N ovember 4,1969. and open to public inspection. Applicant states that Southern has Take notice-that on October 27, 1969, Notice of Application for New License requested additional volumes of natural Colorado Interstate Gas Co., a division for Constructed Project gas to satisfy the increased requirements of Colorado Interstate Corp. (applicant), of its customers. Applicant proposes to Post Office Box 1087, Colorado Springs, O ctober 30,1969. construct and operate a 6%-inch O-I* Colo. 80901, filed in Docket No. CP70-113 Public notice is hereby given that ap plication for new license has been filed pipeline loop of a portion of its existing an application pursuant to section 7(c) 4^2-inch O.D. Clarksdale line beginning of the Natural Gas Act for a certificate of under the Federal Power Act (16 U.S.C. 791a-825r) by CWC Fisheries, Inc. (cor at a point of connection on its 20-inch public convenience and necessity author O.D. San Juan-Maricopa line and ^ex izing the construction and operation of respondence to; A. W. Brindle, 88 East Hamlin Street, Seattle, Wash. 98105), tending for a distance of approximately facilities to increase deliveries of nat 4.5 miles. Applicant also proposes to make ural gas to Plateau Natural Gas Go. for constructed Project No. 1432 located on an unnamed creek, tributary to Dry certain minor modifications to its exist (Plateau), all as more fully set forth in ing American Cement Co. metering fa the application which is on file with the Spruce Bay, in Kodiak Recording Dis trict, Kodiak Island, Alaska, and affect cilities serving Southern. The total esti Commission and open to public in mated cost of the proposed facilities is spection. ing lands of the United States under the $175,313, to be financed by working funas Applicant proposes to construct and supervision of the Bureau of Land Man and short-term borrowings. operate approximately 6.5 miles of 4- agement, Department of the Interior. inch pipeline to loop a portion of an ex The existing project consists of: (1) The estimated third year peak day isting 3-inch pipeline owned by Plateau. Two ditches, one about 850 feet long and and annual requirements of the are Applicant also proposes to replace an the other about 950 feet long, which di of Clarksdale and Cottonwood are 9,b^ existing positive displacement meter with vert water from four small creeks into M cf and 2,315,578 Mcf, respectively. a dual 2-inch orifice meter having a larg two ponds; (2) an upper pond, surface Any person desiring to be heard or er delivery capacity, to meet Plateau’s area of about 10 acres, and a lower pond, make any protest with reference to sa increased peak day gas requirements. surface area of about 1.5 acres; (3) application should on or before Nove * Applicant estimates the total cost of earth-fill dams raising the surface of ber 25, 1969, file with the Federal Power the proposed facilities to be $90,012. each pond 6 feet; (4) *ar42-inch pipeline Commission, Washington, D.C. 204^ , Any person desiring to be heard or to 6,722 feet long leading from the lower petition to intervene or a protest m * make any protest with reference to said pond to the powerhouse; (5) a power cordance with the requirements oi FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 NOTICES isior» Commission’s rules of practice and pro things, to provide part of the funds for a petition to intervene in accordance cedure (18 CFR 1.8 or 1.10) and the construction expenditures made and to with the Commission’s rules. regulations under the Natural Gas Act be made. The preliminary estimated total Take further notice that, pursuant to (18 CFR 157.10). All protests filed with for 1978 construction is $119,500,000. the authority contained in and subject the Commission will be considered by Any person desiring to be heard or to to the jurisdiction conferred upon the it in determining the appropriate action make any protest with reference to said Federal Power Commission by sections to be taken but will not serve to make application should on or before Novem 7 and 15 of the Natural Gas Act and the the protestants parties to the proceed ber 17, 1969, file with the Federal Power -Commission’s rules of practice and pro ing. Any person wishing to become a Commission, Washington, D.C. 20426, pe cedure, a hearing will be held without party to a proceeding or to participate titions to intervene or protests in accord further notice before the Commission on as a party in any hearing therein must ance with the requirements of the Com this application if no petition to inter file a petition to intervene in accordance mission’s rules of practice and procedure vene is filed within the time required with the Commission’s rules. (18 CFR 1.8 or 1.10). All protests filed herein, if the Commission on its own Take further notice that, pursuant to with the Commission will be considered review of the matter finds that a grant the authority contained in and subject by it in determining the appropriate ac of the certificate is required by the pub to the jurisdiction conferred upon the tion to be taken but will not serve to lic convenience and necessity. If .a peti Federal Power Commission by sections make the protestants parties to the pro tion for leave to intervene is timely filed, 7 and 15 of the Natural Gas Act and the ceeding. Persons wishing to become par or if the Commission on its own motion Commission’s rules of practice and pro ties to a proceeding -or to participate as believes ¡that a formal hearing is re cedure, a hearing will be held without a party in any hearing therein must file quired, further notice of such hearing further notice before the Commission petitions to intervene in accordance will be duly given. on this application if no petition to in with the Commission’s rules. The appli Under the procedure herein provided tervene is filed within the time required cation is on file with the Commission and for, unless otherwise advised, it will (be herein, if the Commission on its own re available for public inspection. unnecessary for applicant to appear No. 216-----4 FEDERAL -REGISTER, VOL. 34, N O . 216— SATURDAY, NOVEMBER 8, 1969 18106 NOTICES We contemplate that some of the is until such further time as they are made [Docket No. CP70-106] sues involved in this proceeding may be effective in the manner prescribed by the VALLEY GAS CO. susceptible of hearing and decision Natural Gas Act. within the 5-month suspension period or (C) At tlie hearing on December 2, Notice of Application shortly thereafter. In order that the col 1969, South Georgia’s prepared testimony N ovember 3, 1969. lection and refunding of any possible (Statement P) filed and served on Octo excess charges may be avoided or limited, ber 13, 1969, together with its entire rate Take notice that on October 22, 1969, we are authorizing the Presiding Exam filing as submitted and served on Sep Valley Gas Co. (applicant), 1595 Mendon iner to determine which issues, if any, tember 30, 1969, shall be admitted to the Road, Cumberland, R.I. 02864, filed in may be tried in an initial phase of the record as South Georgia’s complete case Docket No. CP70-106 an application pur hearing. in-chief as provided in the Commission’s suant to section 7 (b) of the Natural Gas South Georgia requests that the effec regulations, § 154.63(e) (1), and Order Act for permission and • approval to tive date of its proposed rate increase No. 254, 28 FPC 495, 496, without preju abandon natural gas service to Black- be no later than the date the proposed dice to any 'motions by the parties with stone Gas Co (Blackstone), all as more rates of its supplier Southern Natural respect thereto. fully set forth in the application which is Gas Co. in Docket No. RP70-5 are made (D) Following admission of South on file with the Commission and open to effective. We suspended Southern Nat Georgia’s complete case-in-chief the public inspection. ural’s proposed rate increase until March parties shall present their views and the Applicant was authorized by order 1,1970. Accordingly, in order to allow the Presiding Examiner in the exercise of issued January 7, 1954, in Docket No. proposed rates to become effective March his discretion, shall determine whether G-2272 to sell not more than 23 Mcf per 1, 1970, we would have to suspend South there shall be an initial phase and, if so, day to Blackstone and that natural gas Georgia’s proposed rate increase for 4 which issues shall be heard therein. I f he from applicant’s Woonsocket distribution months. Since a substantial portion of determines that there shall be an initial system would feed into Blackstone’s South Georgia’s rate increase is a result phase hearing, he shall fix dates for distribution mains. Applicant states that of a claimed increase in costs other than service of staff’s and interveners’ evi in 1964 Blackstone agreed to take its purchased gas costs, we find that good dence and South Georgia’s rebuttal entire supply from Tennessee Gas Pipe cause does not exist to warrant waiver evidence on such issues; fix dates for Line Co., a division of Tenneco Inc. (Ten of the 5-month statutory suspension pe witnesses to appear for adoption of their nessee), but has failed to do so. Appli riod with respect to the total rate in testimony and to stand cross-examina cant further states that Blackstone’s crease requested. Therefore, we will sus tion thereon; and proceed with such peak day takes from applicant keep in pend South Georgia’s proposed rates hearing as expeditiously as feasible. creasing, but applicant claims not to be until March 30, 1970. However, this ac (E) Presiding Examiner, Howell Pur a conventional wholesaler, and the de tion is not intended to preclude South liveries through applicant’s distribution due, or any other designated by the Chief system create problems. Applicant states Georgia from filing for increased rates Examiner for that purpose [see Delega to track Southern Natural’s increase for further that Blackstone has an intercon tion of Authority, 18 CFR 3.5(d)], shall nection with Tennessee, and is presently the 1 month during which Southern Nat preside at the hearing in this proceed ural's increase can be made effective receiving a portion of its supply there ing; shall prescribe relevant procedural from, and that no additional facilities while South Georgia’s rate increase is matters not herein provided, and shall would be required. under suspension. control this proceeding in accordance The Commission finds: with policies expressed in § 2.59 of the Any person desiring to be heard or to (1) It is necessary and proper in the Commission’s rules of practice and make any protest with reference to said public interest and to aid in the en procedure. application should on or before Novem forcement of the provisions of the Nat ber 28, 1969, file with the Federal Power ural Gas Act that the Commission enter By the Commission. Commission, Washington, D.C. 20426, a upon a hearing concerning the lawful [ seal] G ordon M. G rant, petition to intervene or a protest in ac ness of the rates, charges, and tariff Secretary. cordance with the requirements of the provisions contained In South Georgia’s Commission’s rules of practice and proce [F.R. Doc. 69-13335; Filed, Nov. 7, 1969; dure (18 CFR 1.8 or 1.10) and the regula FPC Gas Tariff, as proposed to be 8:46 a.m.] amended, and that the proposed tariff tions under the Natural Gas Act (18 CFR sheets listed above be suspended, and 157.10). All protests filed with the Com use thereof be deferred as herein [Docket No. RI70-210 etc.] mission will be considered by it in deter provided. mining the appropriate action to be taken (2) It is necessary and proper in the TEXAS PACIFIC OIL CO., INC. ET AL. but will not serve to make the protestants public interest and to aid in the enforce Order Providing for Hearings on and parties to the proceeding. Any person wishing to become a party to a proceed ment of the provisions of the Natural Suspension of Proposed Changes in Gas Act that the disposition of this pro ing or to participate as a party in any ceeding be expedited in accordance with Rates hearing therein must file a petition to the procedures set forth below. O ctober 23,1969. ______h i a f !n m - The Commission orders: In the order providing for hearings on mission’s rules. (A ) Pursuant to the authority of the and suspension of proposed changes in Take further notice that, pursuant to Natural Gas Act, particularly sections rates, issued September 12, 1969, and the authority contained in and subjectto 4 and 15 thereof, the Commission’s rules published in the F ederal R egister Sep the jurisdiction conferred upon the Fea- of practice and procedure and the reg tember 20, 1969, 34 F.R. 14673, appendix eral Power Commission by sections 7 ana ulations under the Natural Gas Act (18 A, on page 14674, Docket No. RI70-211, 15 of the Natural Gas Act and the Com CPR, ch. I ), a public hearing shall be Texas Pacific Oil Co., Inc., (Operator) mission’s rules of practice and procedure» held commencing December 2, 1969, in a et al. Under column headed “Rate Sched a hearing will be held without *^ 7 . hearing room of the Federal Power ule No.” change “ 56” to read “ 50” . Ap notice before the Commission on uus Commission, 441 G Street NW „ Wash pendix A, Docket No. RI70-211: Under application if no petition to interven ington, D.C. 20426, concerning the law column headed “Respondent” add “Inc.” filed within the time required herein, u fulness of the rates, charges, classifica to Respondent’s name opposite all rate the Commission on its own review of tions, and services contained in South schedules involved in Docket No. RI70- matter finds that permission and ap Georgia’s FPC Gas Tariff, as proposed to 211, to read thusly: “ Texas Pacific Oil proval for the proposed abandonment be amended. Co., Inc., (Operator) et al.” required by the public convenience an« (B ) Pending such hearing and deci necessity. I f a petition for leave to in sion thereon South Georgia’s proposed G ordon M. G rant, irene is timely .filed, or if the Commiss , Secretary. revised tariff sheets listed above are in its own motion believes that a I hereby suspended and the use thereof [F.R. Doc. 69-13336; Filed, Nov. 7, 1969; hearing is required, further notice of suu is deferred until March 30, 1970, and 8:46 a.m.] hearing will be duly given. FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 NOTICES 18107 Under the procedure herein provided By order of the Board of Governors,2 By order of the Board of Governors.9 for, unless otherwise advised, it will be [ seal] R obert P. F orrestal, [ seal] R obert P. F orrestal, unnecessary for applicant to appear or Assistant Secretary. Assistant Secretary. be represented at the hearing. ]F,R. Doc. 69-13315; Filed, Nov. 7, 1969; [F.R. Doc. 69-13316; Filed, Nov. 7, 1969; G ordon M. G rant, 8:45 a.m.] 8:45 a.m.] Secretary. [P.R. Doc. 69—13345; Filed, Nov. 7, 1969; 8:47 a.m.] FIRST BANC GROUP OF OHIO, INC. WYOMING BANCORPORATION Order Approving Acquisition of Bank Notice of Application for Approval of Stock by Bank Holding Company Acquisition of Shares of Banks FEDERAL RESERVE SYSTEM In the matter of the application of Notice is hereby given that application FIRST BANC GROUP OF OHIO, INC. First Banc Group of Ohio, Inc., Colum has been made to the Board of Governors bus, Ohio, for approval of acquisition of of the Federal Reserve System pursuant Order Approving Acquisition of Bank voting shares of the successor by merger to section 3 (a )(1 ) of the Bank Holding Stock by Bank Holding Company to Coshocton National Bank, Coshocton, Company Act of 1956 (12 U.S.C. 1842(a) Ohio. (1 )) by Wyoming Bancorporation, In the matter of the application of There has come before the Board of Cheyenne, Wyo., for prior approval of First Banc Group of Ohio, Inc., Colum Governors, pursuant to section 3(a)(3) the Board of action whereby Applicant bus, Ohio, for approval of acquisition of of the Bank Holding Company Act of would become a bank holding company voting shares of the successor by merger 1956 (12 U.S.C. 1842(a) (3)), and § 222.3 through the acquisition of 80 percent or to First National Bank of Cambridge, (a) of Federal Reserve Regulation Y more of the voting shares of each of the Cambridge, Ohio. (12 CFR 222.3(a)), an application by following banks: Cheyenne National There has come before the Board of First Banc Group of Ohio, Inc., Colum Bank, Cheyenne; East Cheyenne Na Governors, pursuant to section 3 (a )(3 ) bus, Ohio, a registered bank holding tional Bank, Cheyenne; First Cheyenne of the Bank Holding Company Act of company, for the Board’s prior approval State Bank, Cheyenne; and Stock 1956 (12 U.S.C. 1842(a) (3)), and § 222.3 of the acquisition of 100 percent (less Growers’ Bank of Wheatland, Wheat- (a) of Federal Reserve Regulation Y directors’ qualifying shares) of the vot land, all in Wyoming. (12 CFR 222.3(a)), an application by ing shares of the successor by merger to Section 3(c) of the Act-provides that First Banc Group of Ohio, Inc., Colum Coshocton National Bank, Coshocton, the Board shall not approve: bus, Ohio, a registered bank holding Ohio. (1) any acquisition or merger or con company, for the Board’s prior approval As required by section 3(b) of the solidation under section 3 which would of the acquisition of 100 percent (less di Act, the Board gave written notice of result in a monopoly or which would be rectors’ qualifying shares) of the voting receipt of the application to the Comp in furtherance of any combination or shares of the successor by merger to First troller of the Currency and requested his conspiracy to monopolize or to attempt National Bank of Cambridge, Cambridge, views and recommendation. The Comp to monopolize the business of banking in Ohio. troller recommended approval of the any part of the United States, or As required by section 3(b) o f the Act, application. (2) any other proposed acquisition or the Board gave written notice of receipt Notice of receipt of the application merger or consolidation under section 3 of the application to the Comptroller of was published in the F ederal R egister whose effect in any section of the country the Currency and requested his views and on August 20, 1969 (34 F.R. 13441), pro may be substantially to lessen competi recommendation. The Comptroller rec viding an opportunity for interested per tion, or to tend to create a monopoly, or ommended approval of the application. sons to submit comments and views with which in any other manner would be in Notice of receipt of the application was respect to the proposal. A copy of the restraint of trade, unless the Board finds published in the F ederal R egister on application was forwarded to the U.S. that the anticompetitive effects of the August 20, 1969 (34 F.R. 13441), provid Department of Justice for its consid proposed transaction are clearly out ing an opportunity for interested persons eration. Time for filing comments and weighed in the public interest by the to submit comments and views with re views has expired and all those received probable effect of the transaction in spect to the proposal. A copy of the ap have been considered by the Board. meeting the convenience and needs of plication was f orwarded to the U.S. De It is hereby ordered, For the reasons the community to be served. partment of Justice for its consideration. Section 3(c) further provides that, in Time for filing comments and views has set forth in the Board’s statement1 of every case, the Board shall take into expired and all those received have beer this date, that said application be and consideration the financial and man considered by the Board. hereby is approved; Provided, That the agerial resources and future prospects It is hereby ordered, For the reasons sel acquisition so approved shall not be con of the company or companies and the forth in the Board’s statement1 of this summated (a) before the 30th calendar banks concerned, and the convenience nate, that said application be and herebj day following the date of this Order, or and needs of the community to be served. js approved; Provided, That the acquisi Not later than thirty (30) days after tion so approved shall not be consum- (b) later than 3 months after the date the publication of this notice in the (a) before the 30th, calendar cfaj of this Order, unless such period is ex F ederal R egister, comments and views following the date of this Order, or (b) tended for good cause by the Board or regarding the proposed acquisition may later than 3 months after the date of this by the Federal Reserve Bank of Cleve be filed with the Board. Communica order, unless such period is extended foi land pursuant to delegated authority. tions should be addressed to the Secre good cause by the Board or by the Fed- tary, Board of Governors of the Federal ral Reserve Bank of Cleveland pursuant Dated at Washington, D.C., this 3d Reserve System, Washington, D.C. 20551. 19 delegated authority. day of November 1969. The application may be inspected at the office of the Board of Governors or the ?Tated at Washington, D.C., this 3d daj Federal Reserve Bank of Kansas City. 01 November 1969. 2 Voting for this action : Chairman Martin and Governors Robertson, Mitchell, Maisel, Dated at Washington, D.C., this 3d Daane, Brimmer, and Sherrill. day of November 1969. Cm^iled as part of the original documenl 1 Filed as part of the original document. or ri68 available upon request to the Boar Copies available upon request to the Board ° vernors of the Federal Reserve Systen of Governors of the Federal Reserve System, 2 Voting for this action: Chairman Martin Kington, D.C. 20551, or to the Fedors Washington, D.C. 20551, or to the Federal and Governors Robertson, Mitchell, Maisel, ««serve Bank of Cleveland. Reserve Bank of Cleveland. Daane, Brimmer, and Sherrill. FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 18108 NOTICES It By order of the Board o f Governors. declarant at the above-stated address, and a further order of the Commission. and proof of service (by affidavit or, in Under the proposed exemption pursuant [ seal] • R obert P. F orrestal, case of an attorney at law, by certificate) to section 6(b), Mississippi proposes to Assistant Secretary.' should be filed with the request. At any issue and sell short-term notes to a group [F.R. Doc, 69-133i7; PUed, Novi 7, 1969; time after said date, the application-; of banks and to issue and sell commercial 8:45 a.m.] declaration, as amended by said post paper from time to time prior to Decem effective amendment or as it may be ber 31, 1970, which together shall not further amended, may be granted and exceed $16 million in aggregate principal permitted to become effective as provided amount of any one time outstanding, in SECURITIES AND EXCHANGE in Rule 23 of the general rules and regu cluding currently outstanding short-term lations promulgated under the Act, or notes, which consist of bank notes aggre COMMISSION the Commission may grant exemption gating $9,713,000 in principal amount from such rules as provided in Rules 20 which were issued pursuant to prior au ‘ [70-4719] (a) and 100 thereof or take such other thorization of the Commission (Holding THE CONNECTICUT LIGHT & POWER action as it may deem appropriate. Per Company Act Release No. 15947 (Jan. 17, CO. sons who request a hearing or advice as 1963)). to whether a hearing is in order will The proposed notes to banks will be Notice of Filing, of Post-effective receive notice of further developments dated the date of the borrowing, will ma Amendment Proposing an Addi in this matter, including the date of the ture not more than 9 months after the tional Issue and Sale of Commercial hearing (if ordered) and any postpone date of issue, and will not exceed $11,- ments thereof. 218.000 outstanding at any one time. The Paper and Notes to Banks group of banks to which notes are to be For the Commission (pursuant to dele N ovember 4,1969. issued consists of Continental Illinois gated authority). National Bank & Trust Company of Notice is hereby given that The Con Chicago and Guaranty Trust Company necticut Light & Power Co. (“CL&P”), [ seal] n O rval L. DtrBois, Secretary. of New York (maximum of $600,000 and Selden Street, Berlin, Conn. 06037, a $3,200,000, respectively, to be borrowed) public-utility subsidiary company of [F.R. Doc. 69-13347; Filed, Nov. 7, 1969; and 34 local banks (maximum of $7,- 8:47 a.m.] Northeast Utilities (“Northeast”) , a reg 418.000 to be borrowed). Each bank note istered holding company, has filed a will bear interest at the prime rate in post-effective amendment to an applica [70-4806] effect at the lending bank and may be tion-declaration, and amendments prepaid, in whole or in part, without thereto, with this Commission pursuant MISSISSIPPI POWER CO. penalty or premium. to the Public Utility Holding Company Notice of Proposed Issue and Sale of The proposed commercial paper will Act of 1935 (“Act”). The application- be in the form of promissory notes with declaration designates sections 6 and 7 Commercial Paper Notes and Notes varying maturities not to exceed 270 of the Act and Rule 50(a) (5) promul to Banks and Request for Exception days, will be issued in denominations of gated thereunder as applicable to the From Competitive Bidding not less than $50,000 and not more than proposed transactions. All interested $5 million, and will not be prepayable N ovember 4, 1969.. persons are referred to the application- prior to maturity. The commercial paper declaration, as amended, which is sum Notice is hereby given that Mississippi will be sold by Mississippi directly to a marized below, for a complete statement Power Co. (“Mississippi” ) , 2992 West dealer at a discount which will not be in of the proposed transactions. Beach, Gulfport, Miss. 39501, an electric excess of the discount rate per annum By order dated April 1, 1969 (Holding utility subsidiary company of the South prevailing at the date of issuance for Company Act Release No. 16332), this ern Co., a registered holding company, prime commercial paper of comparable Commission granted and permitted to has filed an application with this Com quality of the particular maturity sold become effective the application-declara mission pursuant to the Public Utility by issuers thereof to commercial paper tion now being amended, which order Holding Company Act of 1935 (“Act” ), dealers, provided, however, that no com authorized CL&P to issue and sell no designating section 6(b) of the Act and mercial paper notes will be issued having later than March 31,1970, its short-term Rule 50 promulgated thereunder as ap a maturity more than 90 days at an unsecured promissory notes up to an ag plicable to the proposed transactions. All effective interest cost which exceeds the gregate principal amount outstanding at interested persons are referred to the effective interest cost at which the appli" any one time of $54 million to banks or application, which is summarized below, cant company could borrow from banks. to a dealer in commercial paper: CL&P for a complete statement of the proposed No commission or fee will be payable m now seeks authorization to increase the transactions. connection with the issuance and sale aggregate amounts of short-term notes Mississippi requests that from the of commercial paper. The dealer, as that may be outstanding from $54 million effective date of the Commission’s order principal, will reoffer the commercial to $55,600,000. In all other respects the herein to December 31, 1970, the exemp paper at a discount rate of one-eighth transactions as heretofore authorized tion from the provisions of section 6(a) of 1 percent per annum less than the and approved by order of the Commission of the Act afforded by the first sentence prevailing discount rate to Mississippi to remain unchanged. of section 6(b) of the Act, relating to the not more than 100 customers of the Notice is further given that any in issue of short-term notes, be increased dealer identified and designated in a terested person may, not later than No from 5 percent of the principal amount nonpublic list prepared in advance by vember 24, 1969, request in writing that and value of the other securities of Mis the dealer. a hearing be held on such matter, stat sissippi at the time outstanding to ap The proceeds from the bank notes and ing the nature of his interest, the rea proximately 10 percent thereof. Such commercial paper will be used by Mis sons for such request, and the issues of increase will permit Mississippi to sissippi to reimburse its treasury for pari fact or law raised by said amended ap issue the maximum aggregate principal of the expenditures in connection witn plication-declaration which he desires amount of short-term notes permissible its construction program, to finance m to controvert; or he may request that he under its charter (without a vote of part its future construction program, to be notified if the Commission should or holders of its outstanding preferred pay at maturity from time to time out der a hearing thereon. Any such request stock). This amount is approximately $16 standing notes and commercial PfPfJ: should be addressed; Secretary, Securi million, and such amount represents the and for other lawful purposes. The total ties and Exchange Commission, Wash maximum amount of notes presently to estimated construction expenditures ington, D C. 20549. A copy of such request be authorized herein. Changes may be Mississippi for 1963 and 1970 are should be served personally or by mail made in the maximum amount of notes 000 and $21,947,000, respectively. The ap (airmail if the person being served is to be outstanding and in the amounts plication states that any bank notes a located more than 500 miles from the to be borrowed from the various banks by commercial paper of Mississippi o i point of mailing) upon the applicant- the filing of a post-effective amendment standing after December 31,1970, will FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 NOTICES 18109 retired from internal cash resources or Canton, Ohio 44702, an electric utility matters, stating the nature of his inter from the proceeds of permanent debt or subsidiary company of American Electric est, the reasons for such request, and equity financing. Power Co., Inc. (“AEP” ), 2 Broadway, the issues of fact or law raised by the Mississippi asserts that the issue and New York, N.Y. 10004, has filed an appli application-declaration which he desires sale of commercial paper should be ex cation-declaration, with this Commis to controvert; or he may request that cepted from the competitive bidding re sion pursuant to the Public Utility Hold he be notified should the Commission quirements of Rule 50 because the com ing Company Act of 1935 (“Act” ) , desig order a hearing in respect thereof. Any mercial paper will have a maturity not nating sections 6(b) and 12(c) and Rules such request should be addressed; Secre in excess of 270 days, current rates for 42 and 50 promulgated thereunder as ap tary, Securities and Exchange Commis commercial paper for prime borrowers plicable to the proposed transactions. All sion, Washington, D.C. 20549. A copy of such as Mississippi are published daily interested persons are referred to the such request should be served personally in financial publications, and it is not application-declaration, which is sum or by mail (airmail if the person being practical to invite invitations for bids for marized below, for a complete statement served is located more than 500 miles commercial paper. Mississippi also re of the proposed transactions. from the point of mailing) upon the quests authority to file certificates of no Ohio proposes to issue and sell $80 applicants-declarants at the above- tification under Rule 24 in respect of its million aggregate principal amount of its stated addresses, and proof of service commercial paper on a quarterly basis. first mortgage bonds v _____percent se (by affidavit or, in case of an attorney at Mississippi’s fees and expenses to be ries. The proposed series of bonds will law, by certificate) should be filed with incurred in connection with the proposed bear a single maturity date within the the request. A t any time after said date, transactions are estimated at $900, in range of 5 to 30 years, such maturity the application-declaration, as filed or cluding legal fees of $600. The applica date to be determined not less than 72 as it may be amended, may be granted tion states that no State or Federal hours prior to the opening of the bids. and permitted to become effective, as commission, other than this commis Such bonds will be sold under competitive provided in Rule 23 of the general rules sion, has jurisdiction over the proposed bidding and the interest rate (which and regulations promulgated under the transactions. shall be a multiple of one-eighth of 1 Act, or the Commission may grant ex Notice is further given that any inter percent) and the price to be paid to Ohio emption from such rules as provided in ested person may, not later than No (which shall be not less than 99 percent Rules 20(a) and 100 thereof, or take vember 28, 1969, request in writing that nor more than 102.75 percent of the such other action as it may deem appro a hearing be held on such matter, stating principal amount thereof) will be de priate. Persons who request a hearing the nature of his interest, the reasons termined by the competitive bidding. The or advice as to whether a hearing is for such request, and the issues of fact bonds will be issued under the mortgage ordered, will receive notice of further or law raised by said application which and deed of trust dated as of October developments in this matter, including he desires to controvert; or he may re 1, 1938, between Ohio and Manufac the date of the hearing (if ordered) quest that he be notified if the Commis turers Hanover Trust Go. and Donald B. and any postponements thereof. sion should order a hearing thereon. Any Herterich, as trustees, as heretofore sup plemented and amended and as to be For the Commission (pursuant to dele such request should be addressed : Secre gated authority). tary, Securities and Exchange Commis further supplemented by a supplemental sion, Washington, D.C. 20549. A copy of indenture to be dated as of the first day [ seal] O rval L. D u B o is, such request should be served personally of the month in which the bonds are Secretary. issued and which includes a 5-year pro or by mail (airmail if the person being [F.R. Doc. 69-13349; Filed, Nov. 7, 1969; served is located more than 500 miles hibition against refunding the issue with 8:47 a.m.] from the point of mailing) upon the ap the proceeds of funds borrowed at lower plicant at the above-stated address, and interest costs. proof of service (by affidavit or, in case The proceeds of the sale of the bonds LIBERTY EQUITIES CORP. of an attorney at law, by certificate) are to be applied to the extent necessary Order Suspending Trading should be filed with the request. At any to pay Ohio’s commercial paper and to time after said date, the application, as prepay without premium Ohio’s notes N ovember 4,1969. filed or as it may be amended, may be payable to banks. As of September 26, It appearing to the Securities and Ex granted as provided in Rule 23 of the 1969, commercial paper was outstanding change Commission that the summary general rules and regulations promul in the amount of $52,825,000 and bank suspension of trading in the common gated under the Act, or the Commission notes in the amount of $17,965,000. It is stock of Liberty Equities Corp. (a Dis way grant exemption from such rules as expected that, at the time of issuance trict of Columbia corporation), and all provided in Rules 20(a) and 100 thereof and delivery of the bonds, an aggregate other securities of Liberty Equities Corp. or take such other action as it may deem amount not exceeding $74,600,000 of being traded otherwise than on a na appropriate. Persons who request a hear commercial paper and bank notes will be tional securities exchange is required ing or advice as to whether a hearing is outstanding. The proceeds remaining in the public interest and for the pro ordered will receive notice of further de after the repayment of Ohio’s outstand tection of investors; velopments in this matter, including the ing commercial paper and notes payable It is ordered, Pursuant to section 15 aate of the hearing (if ordered) and any to banks will be applied to Ohio’s con '(c) (5) of the Securities Exchange Act Postponements thereof. struction program. Ohio’s construction of 1934, that trading in such securities For the Commission (pursuant to dele expenditures are estimated to total otherwise than on a national securities gated au th ority). $280,640,000 for the years 1969 and 1970. exchange be summarily suspended, this The application-declaration states that order to be effective for the period No '■SEAL^ O rval L. D tjB o is , the Public Utilities Commission of Ohio vember 5, 1969, through November 14, Secretary. has jurisdiction over the proposed trans 1969, both dates inclusive. actions, and that an appropriate order (PR. Doc. 69-13348; Filed, Nov. 7, 1969; "By the Commission. 8:47 a.m.] will be obtained from this Commission and copies thereof will be filed by amend [ seal] O rval L. D uB o is, [70-4801] ment. No other State commission and no Secretary. Federal commission, other than this [F.R. Doc. 69-13350; Filed, Nov. 7, 1969; OHIO POWER CO. AND AMERICAN Commission, has jurisdiction over the 8:47 a.m.] ELECTRIC POWER CO., INC. proposed transactions. The fees and ex penses to be incurred in connection with [File No. 24D-2811 ] Notice of Proposed Issue and Sale of the proposed transactions are to be sup •rst Mortgage Bonds at Competi- plied by amendment. MONTE CRISTO CORP. *,ve Bidding Notice is further given that any inter Notice and Order for Hearing , N ovember 4,1969. ested person may, not later than No N ovem ber 3,1969. Co her©by given that Ohio Power vember 25, 1969, request in writing that I. Monte Cristo Corp. (issuer), 1102 • ( Ohio-’) , 301 Cleveland Avenue SW., a hearing be held in respect of such Continental Bank Building, Salt Lake FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 18110 NOTICES City, Utah, a Nevada corporation, with Rule 7 of the Commission’s rules of prac The provision of the G ATT invoked by offices located at 1102 Continental Bank tice. Persons filing an application to the United States permits members once Building, Salt Lake City, Utah, filed with participate or be heard will receive notice every 3 years to change their commit this Commission on October 23, 1968, a of any adjournment of the hearing as ments to maintain tariffs at the levels notification and offering circular relating well as other actions of the Commission bound in previous negotiations. In noti to a proposed offering of 300,000 shares of involving the subject matter of these fying by September 30, 1969, the United its $0.10 par value common stock at $1 proceedings. States reserved this option for the prod per share, for an aggregate of $300,000 I t is further ordered, That Monte ucts specified. for the purpose of obtaining an exemp Cristo Corp., pursuant to Rule 7 of the It is suggested that in presenting their tion from the registration requirements rules of practice of the Commission (17 views, interested persons should devote of the Securities Act of 1933, as amended, CFR 201.7) shall file an answer to the particular attention to the consequences pursuant to the provision of section 3(b) allegations set forth in the Commission’s of terminating or suspending in whole or thereof, and Regulation A promulgated temporary suspension order dated May in part the tariff concessions now appli thereunder. 14,1969. Such answer shall be filed in the cable to the above-listed TSUS items. II. The Commission, on May 14, 1969, manner, form, and within the time pre 3. Time for submission of written state issued an order pursuant to Rule 261 of scribed by 17 CFR 201.7. ments. Not later than twenty (20) days after the publication of this notice in the the general rules and regulations under Notice is hereby given that if Monte the Securities Act of 1933, as amended, F ederal R egister, written statements Cristo Corp. fails to file an answer pursu may be filed with the Committee. temporarily suspending the issuer’s ex ant to 17 CFR 201.7 within 15 days after 4. Forrn of written statement. The emption under Regulation A, and afford service upon it of this notice and order ing to any person having any interest in for hearing, the proceedings may be de statement shall state clearly the position taken and shall describe with particular the matter an opportunity to request a termined against Monte Cristo Corp. by ity the evidence supporting such position. hearing. The time within which to re the Commission upon consideration of It shall be submitted in not less than quest a hearing in this matter was ex this notice and order for hearing and twenty (20) copies, which shall be legibly tended until October 24, 1969. The Com the allegations in the Commission’s tem typed, printed, or duplicated, and of mission on October 22, 1969, received a porary suspension order dated May 14, which at least one copy shall be made request for a hearing in the matter 1969, which may be deemed to be true. signed by Clarence C. Neslen, Secretary under oath or affirmation. for the issuer. By the Commission. 5. Information exempt from public in The Commission deems it necessary [ s e a l ] O rval L. D u B o is , spection. Parties are encouraged to sup and appropriate that a hearing be held Secretary. port their written statements with all for the purpose of determining whether available information, including mate it should vacate the temporary suspen [F.R. Doc. 69-13351; Filed, Nov. 7, 1969; rial that may be of a confidential nature. sion or enter an order of permanent 8:47 a.m.] In this regard, parties are referred to suspension in this matter. sections 7(c) and 8 of the regulations of It is hereby ordered, Pursuant to Rule the Committee (15 CFR 1111.7(c) and 261 of the general rules and regulations 1111.8) for the provisions concerning in under the Securities Act of 1933, as OFFICE OF THE SPECIAL formation exempt from public inspection. amended, that a hearing be held at 10 These regulations will be provided on a.m., December 1, 1969, at the Salt Lake REPRESENTATIVE FOR request. Branch Office, Room 6004, Federal Build 6. Public inspection of written state ing, 125 South State Street, Salt Lake TRADE NEGOTIATIONS ments. Subject to the regulations of the City, Utah, with respect to the matters [Docket No. 69-1] Committee, and in particular sections set forth in the Commission’s order of 7(c) and 8 (15 CFR 1111.7(c) and May 14, 1969, which temporarily sus TRADE INFORMATION COMMITTEE 1111.8) , all written statements filed with pended the Regulation A exemption of Request for Public Views on Possible the Committee will be open to public in Monte Cristo Corp., without prejudice, spection, by appointment, at the office of however, to the specification of addi Tariff Changes the Chairman, Room 729, 1800 G Street tional issues which may be presented in 1. Notice. Pursuant to section 3(b) (3) NW., Washington, D.C. 20506. these proceedings. of Directive No. 1 of the Office of the 7. Communications. All communica It is further ordered, That an officer Special Representative for Trade Nego tions with regard to this notice shall be or officers, to be appointed by the Com tiations (15 CFR 1102.3(b)(3)), the addressed to: Chairman, Trade Informa mission for that purpose, shall preside Trade Information Committee (herein tion Committee, Office of the Special at the hearing; that any officer or offi after referred to as the Committee) will Representative for Trade Negotiations, cers so designated to preside at such provide an opportunity for interested Room 729, 1800 G Street NW., Wash hearing are hereby authorized to exer parties to present written statements of ington, D.C., 20506. cise all the powers granted to the Com views concerning possible tariff changes Louis C. K rauthoffII, mission under sections 19(b), 21, and described below. Chairman. 22(c) of the Securities Act of 1933, as 2. Subject matter. The United States amended, and to hearing officers under has notified the General Agreement on [F.R. Doc. 69-13321; Filed, Nov. 7, 1969; the Commission’s rules of practice. Tariffs and Trade (G A T T ), under para 8:45 a.m.] I t is further ordered, That the Secre graph 1 of Article XXVIII, of its reserva tary of the Commission shall serve a tion of all rights, including the right to copy of this order by certified mail on modify all or part of the U.S. concessions Monte Cristo Corp., that notice of the on the products described in the follow INTERSTATE COMMERCE entering of this order shall be given to ing items of the Tariff Schedules of the all other persons by a general release of United States (T S U S ): COMMISSION the Commission and by publication in Stainless-steel table flatware: [No. 35173] the F ederal R egister. Any person who TSUS items: NORFOLK AND PORTSMOUTH BELT desires to be heard, or otherwise wishes 650.08 650.40 to participate in the hearing, shall file 650.10 650.54 LINE RAILROAD CO. with the Secretary of the Commission on 650.38 651.75 or before November 10, 1969, a written Intrastate Switching Charges at Nor Canned fish and canned whale meat, not fit Portsmouth, request relative thereto as provided in for human consumption: folk, Chesapeake, and Rule 9(c) of the Commission’s rules of TSUS item 184.55 (statistical suffix 0.10). Va. practice, and an answer to the allegations Light airplanes ( less than 10,000 pounds At a session of the Interstate Com contained in the temporary suspension empty weight) s order of May 14, 1969, as provided in TSUS item 694.40 (statistical suffix 0.40). merce Commission, Division 2, held a i FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 NOTICES 18111 office in Washington, D.C., on the 28th investigation be, and it is hereby, insti Circular No. 20 to amend by blanket or day of October 1969. tuted into the matters and things pre conventional supplements, effective upon Upon consideration of the petition filed sented in the petition. statutory notice, Atlantic-Gulf Coastwise on October 14, 1969, by Norfolk and I t is further ordered, That all persons Steamship Freight Bureau, agent’s tariff Portsmouth Belt Line Railroad Co.; and who wish actively to participate in this ICC No. 16 and its member carriers’ tar It appearing, That the petitioner, in proceeding and to file and to receive iffs enumerated in Appendix I of the ap its Tariff 1-B, ICC No. 128, V.C.C. No. 52, copies of pleadings shall make known plication to provide that all-water, effective September 30, 1967, increased that fact by notifying the Commission in water-motor, motor-water, motor-water- the switching charges applicable on in writing on or before December 3,1969. To motor, motor-water-rail, and rail-water- terstate traffic to $27.70 and $50.24 per conserve time and to avoid unnecessary motor rates and charges published car for interterminal and intraterminal expense, persons having common inter therein will be subject to petitioner’s movements, respectively; that applica ests should endeavor to consolidate their Tariff of Increased Rates and Charges tion was made to the State Corporation presentation to the greatest extent pos X-262, ICC No. 47, as set forth in the Commission of Virginia for authority to sible. Individual participation is not pre application and exhibits attached there increase the charges applicable on intra cluded; however, mere casual interest to. A full investigation of the matters state traffic to the same level; but that, does not justify participation. The Com and things involved in the application by order of January 10, 1969, the State mission desires participation only of having been made, which application is Corporation Commission declined to those who intend to take an active part hereby referred to and made a part grant the full amount of the increases in the proceeding. hereof: sought, allowing instead the establish I t is further ordered, That as soon as I t is ordered, That, ment of charges of $27 and $38 per car practicable after the date for indicating 1. Authority to depart from the neces for interterminal and intraterminal a desire to participate in the proceeding sary tariff publishing rules to publish a movements, respectively; has past, the Secretary will serve a list master tariff, connecting fink supple of the names and addresses of all persons ments and other publications outlined in It further appearing, That the Inter upon whom service of all pleadings must the application, effective upon not less state Commerce Commission in Ex Parte be made. than statutory notice, be, and it is hereby, No. 259, Increased Freight Rates, 1968, It is further ordered, That a copy of granted, on condition that, near the bot 332 ICC 714 (1969), approved a general this order be served upon the petitioner; tom of the title page of the proposed increase of 6 percent on, among other that the Commonwealth of Virginia be publication to ICC No. 16 where it now things, certain classes of switching notified of the proceeding by sending a reads, “Rates and Charges in Tariffs charges, such increases having been copy of this order by certified mail to the enumerated herein and in prior supple made effective on interstate traffic over Governor of Virginia, Richmond, Va., ments thereto,” shall be changed to read, the petitioner’s lines on January 30,1969; and a copy to the State Corporation “rates and charges in this tariff or in that application was made to the State Commission of Virginia, Richmond, Va.; prior supplements thereto.” Corporation Commission of Virginia for and that further notice of this proceed 2. The rule relief granted herein ex authority to increase the charges appli ing be given to the public by depositing tends only to the publications made un cable to intrastate traffic by the same a copy of this order in the office of the der the relief authorized in the preced amount; but that, by order of July 14, Secretary of this Commission at Wash ing ordering paragraph. 1969, the State Corporation Commission ington, D.C., and by filing a copy with ,3. The connecting-link supplements, declined to grant the increases sought; the Director, Office of the Federal Reg and provisions within supplements to It further appearing, That the peti ister, Washington, D.C., for publication tariffs which refers to the master tariff, tioner alleges in its petition that: (1) in the Federal R egister. using the short form method shall bear interstate and intrastate traffic are gen And it is further ordered, That this a notation reading substantially as erally commingled and handled by the proceeding be assigned for hearing at follows: same yard-engine switching movements; such time and place as may hereafter be This form of publication is permitted (2) the cost of performing the service designated. by authority of Interstate Commerce and the transportation conditions are no By the Commission, Division 2. Commission Permission No. 70-1843 more favorable to intrastate traffic than dated November 3, 1969. to interstate traffic; (3) the currently [ seal] H. N eil G arson, 4. Connecting-link supplements au applicable intrastate charges are un Secretary. thorized herein shall be exempt from justly and unreasonably low for the serv [F.R. Doc. 69-13355; Filed, Nov. 7, 1969; the Commission’s tariff-publishing rules ice performed; (4) the sought increases 8:46 am .] relating to the number of supplements n intrastate traffic will not cause any and volume of supplemental matter per ®u"®tantial diversion of traffic and will mitted. This and all other relief from the Produce sufficient revenue to enable the [Special Permission No. 70-1843] Commission’s tariff publishing rules au petitioner to provide adequate and effi- ATLANTIC-GULF COASTWIDE thorized herein shall expire with Octo service at the lowest possible "cost STEAMSHIP FREIGHT BUREAU ber 14,1970. consistent therewith; (5) the disparity 5. Outstanding orders of the Commis fges operates as a discrimination Authority To Depart From the Neces sion are modified only to the extent nec and results in an undue burden sary Tariff Publishing Rules To Pub essary to permit the filing of publications df°n’ Interstate commerce; and (6) the lish a Master Tariff containing the proposed increased rates ^parity in charges causes an undue and charges, and all tariff filings made enoo^nr^?'sonat)le advantage and prefer- At a session of the Interstate Com hereunder shall be subject to protest, iniro!? “ Uppers and receivers in Virginia merce Commission, Division 2, held at its suspension or rejection. an/» ? commerce, on the one hand, office in Washington, D.C., on this 3d day I t is further ordered, That, notice of receivM^6 Prejudtee to shippers and of November 1969. this order be given to the general public merpf>erS *5. mterstate and foreign com- Upon consideration of special permis by depositing a copy in the Office of the erce> on the other; sion application No. 90, as amended, filed Secretary of the Cominission at Wash f.uri h?r appearing, That the by Atlantic-Gulf Coastwise Steamship ington, D.C., and by filing it with the cient tn 5aise.d in the Petition are suffi- Frieght Bureau, agent, for and on behalf Director, Office of the Federal Register. f,.° re(luire an investigation thereof of carriers engaged in transportation by By the Commission, Division 2. Cominission; water and partly by motor or rail and Wherefore, and for good cause: [ seal] H. N eil G arson, parties to tariffs listed in Appendix I to Secretary. 13 ***** That’ Pursuant to section the application, authority is sought to the Interstate Commerce Act, an [F.R. Doc. 69-13356; Filed, Nov. 7, 1969; depart from the necessary rules of Tariff 8:48 a.m .] FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 18112 NOTICES [Notice 441] Seattle, Wash.; Portland, Oreg.; and Los and iron and steel articles, between spec Angeles and San Francisco, Calif. David ified points in New Jersey, and Pennsyl MOTOR CARRIER TRANSFER D. Brunson, 419 Northwest Sixth Street, vania. Edward N. Barol, 715 One East PROCEEDINGS Oklahoma City, Okla. 73102, attorney Penn Square Building, Philadelphia, Pa. N ovember 5, 1969. for applicants, 19107, attorney for transferee. No. MC-FC-71663. By order of Octo Synopses of orders entered pursuant to No. MC-FC-71686. By order of Octo section 212(b) of the Interstate Com ber 30, 1969, the Motor Carrier Board ber 30, 1969, the Motor Carrier Board approved the transfer to Tanner Gray merce Act, and rules and regulations pre approved the transfer to Norma G. Wil Line of Phoenix, Inc., Phoenix, Ariz., of scribed thereunder (49 CFR Part 1132), liams and Carol G. Rothermel, a part the operating rights in certificate No. appear below: nership, doing business as Nor-Cal Tank MC-65389 issued April 25, 1942, to As provided in the Commission’s spe Lines, La Habra, Calif.,, of the certifi Arizona Tours, Inc., Phoenix, Ariz., au cial rules of practice any interested per cate of registration in No. MC-120999 son may file a petition seeking reconsid thorizing the transportation of passen (Sub-No. 1) issued February 3, 1964, to eration of the following numbered gers and their baggage, in charter and Merrill E. Erskine, doing business as proceedings with 20 days from the date special operations, from Phoenix, Ariz., Romar Tank Lines, and acquired by and points within 20 miles of Phoenix, to of publication of this notice. Pursuant to Richard J. Sisneros, doing business as section 17(8) of the Interstate Commerce points in Arizona, California, Colorado, Al-Rich Tank Lines, Santa Fe Springs, Act, the filing of such a petition will post Nevada, New Mexico, Utah, and El Paso Calif., pursuant to approval and con pone the effective date of the order in County, Tex., and return; and in special summation in No. MC-FC-70426, evi that proceeding pending its disposition. operations, on one-way sightseeing or dencing a right to engage in transporta The matters relied upon by petitioners pleasure tours, between Globe, Ariz., and tion in interstate commerce correspond must be specified in their petitions with Phoenix, Ariz. Harold L. Jerman, 222 ing in scope to the grant of authority North Central Avenue, Suite 1004, Phoe in Decision No. 44399 dated June 20, particularity. No. MC-FC-71656. By order of Octo nix, Ariz. 85004, attorney for applicants. 1950, and transferred in Decision No. ber 28, 1969, the Motor Carrier Board No. MC-FC-71683. By order of Octo 53350 dated July 10, 1956, issued by the approved the transfer to R & S Transit, ber 30,1969, the Motor Carrier Board ap Public Utilities Commission of California. Inc., Marshall, Mo., of a portion of the proved the transfer to Billows Truck Ernest D. Salm, Registered Practitioner, operating rights in certificate in No. M C- Service, Inc., Trenton, N.J., of certificate 3846 Evans Street, Los Angeles, Calif. No. MC-81010 issued November 16, 1964, 123393 (Sub-No. 127), issued Septem 90027, representative for applicants. ber 6,1967, to Bilyeu Refrigerated Trans to Albert L. Billows, doing business as port Corp., Marshall, Mo., authorizing Billows Truck Service, Bakers Basin [ seal] H. N e il G arson, Secretary. the transportation of: Drugs, medicines, Road, Rural Delivery No. 1, Trenton, toilet preparations, cotton swabs and N.J. 08638, authorizing the transporta [F.R. Doc. 69-13357; Filed, Nov. 7, 1969; cotton balls, from Jefferson City, Mo., to tion of: Building materials, machinery, 8:48 a.m.] FEDERAL REGISTER, VOL. 34, NO. 216— SATURDAY, NOVEMBER 8, 1969 FEDERAL REGISTER 18113 CUMULATIVE LIST OF PARTS AFFECTED— NOVEMBER 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 November 3 C F R Page 14 CFR Page 29 CFR— Continued Page Executive Orders: 39_------17755 P roposed R u l e s : 8598 (revoked in part by PLO 71— .______17725,17949, 18005 613------;____ 18044 4724)______17773 73______17805 616------i ______18044 11398 (amended by EO 11492) _ 17721 97------18006, 18086 688------18044 11492 ______17721 249------17950 690______18044 P roposed R u l e s : 727______,______17732 5 C F R 21------18094 213______17724, 17774, 17797 39—------17963 31 CFR 511______—— 17774 71------17732,17733,17964 225______17953 531_____ 17774 75______17733 550______17775 32 CFR 7 C F R 15 CFR 1------17880 1000______— _ 17806 70_____ 1775,5 2—----- 17888 225______17797 1050—______17770 3 ------__ 17889 301______17999 4 ------____------17890 354______18001 16 CFR 5 ------17890 6 ------17894 401— ------18002 13—*.______17868-17871,17950 722------180 89 7— ------17895 503------18086 8— ------17896 728------17757 P roposed R u l e s : 847_____ 18002 9_------:------17897 850------___.------17724 423—1______17776 12_------j ------17899 863 ------177 97 1,5------17904 864 ------17800 18 CFR * 18 ------17912 19 ------:------17912 905 ______18089 2------___------17803 906 ----_‘______18002 24_——_------17912 907 ------_----- 17949 P roposed R u l e s : 30------17912 910------17724, 18092 620------17730 239_------___------18031 912------1772,5,18093 966------180 90 20 CFR 32A CFR 980------18091 602------17770 FRS (Ch. X V ) 984------17803 989------18003 Reg. V_____ 17729 991------;____ 18003 21 CFR 1427------17725 146a------17725 33 CFR 1468------17803 147------17725, 17726 8------18034 1472— ------i 7768 148e____ 18087 110------17770, 18088 Proposed R ules: 148k______17725 81------1------17731 148q__------17725 35 CFR 301------18042 148x______17725 67------18088 777------17730 P roposed R u l e s : 909------17776 120------17962 36 CFR 912------18043 141------18045 200—------17879 948------18094 320—------18042 966—------17955 37 CFR 993------___ 18043 24 CFR i ______17772 ,1011------17776 1133------17960 5------17951 41 CFR 203------17951 8 C FR 207------17951 1-1------17953 101-19—------17954 212__ 213------17952 18085 214__ 221------17952 P roposed R u l e s : 238. " 18085 232------17952 50-204______18043 18085 17952 316a__ IIIII”““ ------234------_------18086 236------i______17952 43 CFR 9 C FR 242------—------17952 1000------17952 P ublic L and O rders: 78.. 843 (revoked in part by PLO 112.. - - — - 17769 1665------18030 18004 4723)------17773 113.. ------4582 (revoked in part by PLO 18004 25 CFR 114-_:::::m~------18005 4723)------17773 12 C F R 221______18087 4722 ______17773 4723 - 17773 329_____ 18086 29 CFR 4724 - 17773 Proposed R ules: " 4725 ------17773 217. 683------18031 4726 ------i______17774 17918 1500------17804 4727 ------17774 No. 216------5 X 18114 FEDERAL REGISTER 45 CFR Page 47 CFR—Continued Page 49 CFR ♦ Pa&e 801______17954 83______17878 1002------18041 85______17878 1033______17729, 17805 46 CFR 203______17879 1056___ 18041 272______18035 P roposed R u l e s : 310______17729 P roposed R u l e s : 195______^______— 17916 P roposed R u l e s : 2______17916 1056______18046 146______18046 73 ______17916 74 ______18043 50 CFR 47 CFR 81______17916 32______- ______17915,18041 73 ______17873,17874,18036 83______17916,17917 74 ______18041 85______r -„ 17916 33______- ______— 17952 United States Government Organization MANUAL 1969-70 government Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government, published by the Office of the Federal Register, GSA. $300 per copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.