FEDERAL REGISTER VOLUME 35 • NUMBER 234 Thursday, December 3,1970 • Washington, D.C

FEDERAL REGISTER VOLUME 35 • NUMBER 234 Thursday, December 3,1970 • Washington, D.C. Pages 18363-18442

Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Agriculture Department Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Coast Guard Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Defense Department Federal Aviation Administration Federal Communications Commission Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Federal Reserve System T Food and Drug Administration General Services Administration Hazardous Materials Regulations Board Housing and Urban Development Department Indian Affairs Bureau Interagency Textile Administrative Committee Interior Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau National Highway Safety Bureau National Labor Relations Board National Park Service Post Office Department Securities and Exchange Commission Social and Rehabilitation Service Transportation Department Veterans Administration Detailed list of Contents appears inside. Public Papers of the Presidents of the United States

Annual volumes containing the public messages and statements, news conferences, and other selected papers released by the White House. Volumes for the following years are now available:

HARRY S. TRUMAN 1945______$5.50 1949 $6.75 1946 __ _ $6.00 1950 ___ $7.75 1947______$5.25 1951 ___ $6.25 1948 ______- : _ $9.75 1952-53 . __ $9.00

DWIGHT D. EISENHOWER 1953 ______— $6. 75 1957______$6.75 1954 ______„ $7. 25 1958 ______$8.25 1955______$6.75 1959 . — $7.00 1956 ______. $7.25 1960-61 _ ___ $7.75

JOHN F. KENNEDY 1961______$9.00 1962 ______$9.00 1963 __ _ $9.00

LYNDON B. JOHNSON 1963-64 (Book I): $6.75 1966 (Book I ) ______$6. 50 1963-64 (Book II) _— _____$7.00 1966 (Book II) ____$7.00 1965 (Book I). _ $6. 25 1967 (Book I) ____$8.75 1965 (Book II). $6.25 1967 (Book II) ____$8.00 1968-69 (Book I).______$10.50 1968-69 (Book II) __ _ _ $ 9.50

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

AGRICULTURAL RESEARCH COAST GUARD FEDERAL MARITIME SERVICE Rules and Regulations COMMISSION Rules and Regulations Special anchorage areas; Stur­ Notices geon Bay, Wis_------18374 Foreign quarantine of fruits and American West African Freight vegetables; ports of entry------18385 Notice^ Conference; agreement filed_18418 Delaware River; security zone— 18411 Macchione, Mario J.; investiga­ Notices tion ______------18418 Mercurial pesticides; request for COMMODITY CREDIT submission of views regarding FEDERAL POWER COMMISSION uses------18409 CORPORATION Notices Proposed Rule Making AGRICULTURAL STABILIZATION Livestock feed program; designa­ Reliability of electric and gas AND CONSERVATION SERVICE tion of emergency areas------18409 service; extension of time------18402 Notices Proposed Rule Making CONSUMER AND MARKETING Hearings, etc.: Tobacco; marketing quotas for SERVICE Baca Gas Gathering System, 1971-72, 1972-73, and 1973-74 I n c ______18421 marketing years------— 18400 Rules and Regulations Cumberland and Allegheny Gas Oranges, Navel, grown in Arizona C o ______18421 AGRICULTURE DEPARTMENT and California; handling limi­ El Paso Natural Gas Co__ _— 18421 tation ______18385 Kansas-Nebraslia Natural Gas See also Agricultural Research Proposed Rule Making C o ______18421 Service; Agricultural Stabiliza­ Milk handling in Southern Michi­ Tennessee Gas Pipeline Co----- 18422 tion and Conservation Service; Terra Resources, Inc., et al___ 18420 Commodity Credit Corporation; gan marketing area; suspension of certain provision— ------18401 United Gas Pipe Line Co_____ 18424 Consumer and Marketing Serv­ United Gas Pipe Line Co. and ice. Notices Texas Gas Transmission Rules and Regulations Meat inspection; designation of Corp ______18424 New Jersey ' ------.— — 18410 Limitation on imports of meat Poultry and poultry products in­ FEDERAL RESERVE SYSTEM from Costa Rica ______18384 spection; designation of certain Nondiscrimination in Federally- S tates------18410 Rules and Regulations assisted programs; miscellane­ Discount rates; changes------18369 ous amendments______18382 CUSTOMS BUREAU ATOMIC ENERGY COMMISSION Rules and Regulations FOOD AND DRUG Articles conditionally free, subject ADMINISTRATION Rules and Regulations to reduced rate, etc.; supplies Control of releases of radioactivity and equipment for aircraft----- 18369 Rules and Regulations to the environment______18385 Food additives and pesticide DEFENSE DEPARTMENT chemical tolerances; meth- CIVIL AERONAUTICS BOARD Rules and Regulations anearsonic acid------18370 Notices Special assignment policies for Notices family members------18371 Hearings, etc,: Isopropyl 4,4'- dibromobenzilate ; American Airlines, Inc______18412 FEDERAL AVIATION extension of temporary toler­ American Airlines, Inc., and Fly­ ADMINISTRATION ance ------.----- 18411 ing Tiger Line, Inc______18413 Pesticide chemical petitions: Brani if Airways, Inc______18414 Rules and Regulations American Cyanamid Co------18410 Mohawk Airlines, Inc., and Airworthiness directive; Rolls- E.I. du Pont de Nemours & Co— 18411 Northeast Airlines, Inc_____18415 Royce Dart engines------— 18372 Uni me d, Inc.; action on petition regarding Sere Tablets------18411 Universal Airlines, Inc______- 18416 Proposed Rule Making WTC Air Freight______18416 Area high routes; designation; correction------18402 GENERAL SERVICES CIVIL SERVICE COMMISSION ADMINISTRATION FEDERAL COMMUNICATIONS Rules and Regulations Rules and Regulations COMMISSION Excepted service: Federal supply schedule program; Department of Agriculture___ 18369 Notices use of schedules by government General Services Administra- Common carrier services informa­ contractors and grantees------18374 ------18369 tion; domestic public radio National Foundation on the Arts services applications accepted HAZARDOUS MATERIALS and the Humanities______18369 for filing — — ------18416 REGULATIONS BOARD Notices FEDERAL HOME LOAN BANK Rules and Regulations Minimum rates and rate ranges: BOARD Firefighter positions in certain General information and regula­ areas of California; establish­ Notices tions; matter incorporated by ment ------18419 Great Western Financial Corp.; reference______- 18382 Nurses, New Orleans, La.; ad­ intention to acquire LFC Finan­ (Continued on next page) justment ______18419 cial Corp______18416 18365 18366 CONTENTS

HEALTH, EDUCATION, AND Notices NATIONAL PARK SERVICE WELFARE DEPARTMENT Motor carrier, broker, water car­ Notices See Pood and Drug Administra­ rier, and freight forwarder ap­ National Register of Historic tion; Social and Rehabilitation plications ______18429 Places; additions, deletions, or Service. Motor carrier temporary authority corrections ______18407 applications ______18440 HOUSING AND URBAN POST OFFICE DEPARTMENT DEVELOPMENT DEPARTMENT LAND MANAGEMENT BUREAU Notices Notices Rules and Regulations New organizational titles______18404 Certain employees in Region n Public land orders : (New York, N.Y.); redelegation SECURITIES AND EXCHANGE of authority------18411 Alaska ______18379 California (3 documents)_ 18380- COMMISSION INDIAN AFFAIRS BUREAU 18382 Notices Id a h o ______18380 Hearings, etc.: Proposed Rule Making Nevada______18380 Abbott Laboratories, Inc., et al_ 18425 Determination of heirs and ap­ New Mexico (2 documents)_ 18379, Delmarva Power & Light Co. proval of wills, except as to 18380 et al______— 18425 members of the Five Civilized Oregon______18381 First General Corp______18425 Tribes and Osage Indians____ 18392 Washington ______18381 International Telephone & Tele­ Proposed Rule Making graph Corp______18426 INTERAGENCY TEXTILE New England Mutual Life In­ ADMINISTRATIVE COMMITTEE Power transmission lines; descrip­ surance Co. et al. (2 docu­ tion of environmental impact-- 18399 ments) ______

3 CFR 18 CFR 41 CFR P roposed R ules: 5A-73______— 18374 Executive Orders: 8-3...... 18475 6143 (revoked in part by PLO 2___1______y______18402 8-6______- ...... 18375 4948) — ______— 18379 157______—______18402 8-7...... - ...... 18375 6276 (revoked in part by PLO 8-30______:______18376 4948) ______18379 19 CFR 6583 (revoked in part by PLO 10 ______— . 18369 43 CFR 4948) ______18379 18______- 18376 21 CFR P ublic Land Orders: 5 CFR 243 (see PLO 4954)______18381 1 2 0 ______18370 213 (3 documents)------.__------18369 ______18370 659 (revoked in part and modified 121______by PLO 4949) —______— 18379 3065 (see PLO 4956)___ 18381 7 CFR 2 5 CFR 4496 (see PLO 4956) ______18381 15 ______„ ______18382 P roposed R ules: 4948 ______18379 20...... _...... —______18384 4949 ______— - ______18379 319___ _ ;______18385 1 5 ------— ______18392 4950 ______18380 907______18385 4951______— 18380 2 6 CFR Proposed R ules: 4952 ______18380 P roposed R ules: 4953—...... — 1- 18380 723______— 18400 4954 ______18381 724______18400 1 (3 documents)------18389-18391 4955 ______18381 1040______- ______18401 13 ______18391 4956 _ 18381 4957—______- ______18382 10 CFR 2 9 CFR P roposed R ules: 20...... ______18385 103 ______18370 2850______18399 50...... 18385 3 2 CFR 45 CFR 12 CFR ______18371 P roposed R ules: 224...... - ____ 18369 206„—_____ ——______18402 3 3 CFR 49 CFR 14 CFR 110------______18374 171______;I‘...... 18382 39__...... ___ 18372 P roposed R ules: Proposed R ules: 3 8 CFR 571^_____ - ___ - ...... 18402 75...... _____...... 18402 36-...... — ...... — _ 18388 1249______- ______— 18402

18369 Rules and Regulations

The section is further amended to reflect § 224.3 Advances to member banks Title 5— ADMINISTRATIVE the change in title from Secretary to the under section 10(b). Chairman of the National Endowment The rates for advances to member PERSONNEL for the Arts to Executive Secretary to the banks under section 10(b) of the Federal Chairman. Effective on publication in the Reserve Act are: Chapter I— Civil Service Commission F ederal R egister; paragraph (a) is PARJ 213— EXCEPTED SERVICE amended and paragraph (c) is added to Federal reserve bank of— Rate Effective § 213.3382 as set out below. Department of Agriculture Boston______6J4 Nov. 11,1970 § 213.3382 National Foundation on the New York...... «54 Nov. 13,1970 Arts and the Humanities. 654 Nov. 16,1970 Section 213.3313 is amended to show Cleveland______- 654 Nov. 13,1970 that two positions of Confidential Assist­ (a) One Executive Secretary to the 654 Nov. 11,1970 Atlanta...... 654 Do. ant to the Administrator, Farmer Co­ Chairman, National Endowment for the Chicago...... 654 Nov. 13,1970 operative Service, are excepted under Arts. St. Louis...... 654 Nov. 11,1970 Schedule C. Effective on publication in Minneapolis...... - 654 Do. • * * * * Kansas C ity...... 654 Nov. 13,1970 the Federal R egister, paragraph (r) of Dallas...... «54 Do, (c) Two Staff Assistants to the Chair­ 654 Nov. 11,1970 § 213.3313 is added as set out below. man, National Endowment for the Arts. San Francisco-...... -...... - § 213.3313 Department of Agriculture. (5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954- 3. Section 224.4 is amended to read as ***** 58 Comp., p. 216) follows; (r) Farmer Cooperative Service. (1) U nited S tates Civil S erv­ § 224.4 Advances to persons other than Two Confidential Assistants to the ice Commission, member banks. Administrator. [ seal] J ames C. S pry, The rates for advances under the last (5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR Executive Assistant to paragraph of section 13 of the Federal 1954-58 Comp., p. 218) the Commissioners. Reserve Act to individuals, partnerships, [F.R. Doc. 70-16336; Filed, Dec. 2, 1970; or corporations . other than member U nited S tates Civil. S erv­ 9:49 a.m.] ice Commission, banks secured by direct obligations of, or [seal] J ames C. S prt, obligations fully guaranteed as to prin­ Executive Assistant to cipal and interest by, the United States, the Commissioners. Title 12— BANKS AND BANKING or any agency thereof are: [P.R. Doc. 70-16334; Filed, Dec. 2, 1970; Federal reserve bank of— Rate Effective 9:49 am .] Chapter II— Federal Reserve System SUBCHAPTER A— BOARD OF GOVERNORS OF B o sto n ..-...... 754 N ov. 11,1970 THE FEDERAL RESERVE SYSTEM New York...... - 75« Apr. 4,1969 PART 213— EXCEPTED SERVICE Philadelphia...... -...... 754 Nov. 16,1970 PART 224— DISCOUNT RATES Cleveland______—...... 754 Nov. 13,1970 General Services Administration 754 Nov. 11,1970 Changes in Rates Atlanta__ _— ...... - ...... 7J4 Feb. 10,1970 Section 213.3337 is amended to show 754 Mar. 4,1970 St. L o u is..1------754 Nov. 11,1970 that an additional position of Confi­ Pursuant to section 14(d) of the Fed­ 754 Do. dential Assistant to the. Commissioner, eral Reserve Act (12 U.S.C. 357) , and for Kansas City...... 754 Nov. 13,1970 the purpose of adjusting discount rates 754 Do. Property Management and Disposal 754 Nov. 11,1970 Service, is excepted under Schedule C. with a view to accommodating commerce San Francisco_____ - ...... Effective on publication in the F ederal and business in accordance with other For the reasons and good cause found R eg ist e r , subparagraph (2) of paragraph related rates and the general credit sit­ as stated in § 224.7, there is no notice, . 70-250] 9:49 a.m.] Philadelphia.. 6% Nov. 16,1970 Cleveland___ 6?4 Nov. 13,1970 PART 10— ARTICLES CONDITIONALLY Richmond___ 654 Nov. 11,1970 PART 213— EXCEPTED SERVICE Atlanta______654 Do. FREE, SUBJECT TO A REDUCED Chicago...... 654 N ov. 13,1970 St. Louis.:— 654 Nov. 11,1970 RATE, ETC. National Foundation on the Arts and Minneapolis... 654 Do. the Humanities Kansas City.. 654 Nov. 13,1970 Supplies and Equipment for Aircraft Dallas______654 Do. Section 213.3382 is amended to show San Francisco. 554 Nov. 11,1970 In accordance with section 309(d), that two positions of Staff Assistant to Tariff Act of 1930, as amended (19 U.S.C. the Chairman, National Endowment for 2. Section 224.3 is amended to read as1309(d)) , the Department of Commerce the Arts, are excepted under Schedule C. follows: has found and under date of October 8,

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18370 RULES AND REGULATIONS

1970, has advised the Treasury Depart­ cottonseed hulls from the seed of treated fected by the order, and specify with ment that with respect to ground equip­ cotton. particularity the provisions of the order ment, Jamaica also allows privileges to The Secretary of Agriculture has certi­ deemed objectionable, and the grounds aircraft registered in the United States fied that this pesticide chemical is use­ for the objections. If a hearing is re­ and engaged in foreign trade substan­ ful for the purposes for which the toler­ quested, the objections must state the tially reciprocal to those provided for in ance is being established on cottonseed. issues for the hearing. A hearing will be section 309 of the Tariff Act of 1930, as Based on consideration given data sub­ granted if the objections are supported amended (19 U.S.C. 1309). Correspond­ mitted in the petition, and other relevant by grounds legally sufficient to justify the ing privileges are accordingly hereby ex­ material, the Commissioner of Food and relief sought. Objections may be accom­ tended to aircraft registered in Jamaica Drugs concludes that: panied by a memorandum or brief in and engaged in foreign trade effective on 1. The tolerances established by this support thereof. the date of such notification. order are safe and will protect the public Accordingly, paragraph (f) of § 10.59, health. Effective date. This order shall become Customs Regulations, is amended by 2. Tolerances are unnecessary regard­ effective on its date of publication in the F ederal R egister. adding opposite “Jamaica" in the column ing meat, milk, poultry, and eggs since headed Treasury Decision (s) the number the proposed usage is not reasonably-ex­ (Secs. 408(d) (2), 409(c) (I), 68 Stat. 512, 72 of this Treasury decision and deleting pected to result in residues of arsenic in Stat. 1786; 21 U.S.C. 346a(d) (2), 348(c)(1)) these commodities from feeding byprod­ “Not applicable to ground equipment” Dated: November24,1970. in the column headed “exception, if any, ucts of the cottonseed (cottonseed hulls as noted” in the list of nations in that and meal) bearing residues from the pro­ R . E. D uggan, paragraph. posed use. This use is in the category Acting Associate Commissioner specified in § 120.6(a) (3). (Secs. 317, 624, 46 Stat. 696, as amended, 769; for Compliance. 19 U.S.C. 1317,1624) Therefore, pursuant to provisions of [F.R. Doc. 70-16175; Filed, Dec. 2, 1970; the Federal Food, Drug, and Cosmetic 8:46 am .] [seal] M yles J. Ambrose, Act (secs. 408(d) (2), 409(c) (1), 68 Stat. Commissioner of Customs. 512, 72 Stat. 1786; 21 U.S.C. 346a(d) (2). 348(c)(1)) and under authority dele­ Approved: November 19, 1970. gated to the Commissioner (21 CFR Title 29— LABOR Eugene T. R ossides, 2.120), Parts 120 'and 121 are amended Assistant Secretary as follows: Chapter I— National Labor Relations of the Treasury. 1. Section 120.3(d) (4) is revised to Board [F.R. Doc. 70-16247; Filed, Dec. 2, 1970; read as follows: 8:51 a.m.] § 120.3 Tolerances for related pesticide PART 103— OTHER RULES chemicals. Subpart A— Jurisdictional Standards ***** Colleges and U niversities Title 21— FOOD AND DRUGS (d) * * * (4) Where a tolerance is established By virtue of the authority vested in it Chapter I— Food and Drug Adminis­ for more than one pesticide containing by the National Labor Relations Act, ap­ tration, Department of Health, Edu­ arsenic found in, or on a raw agricultural proved July 5, 1935,1 the National Labor cation, and Welfare commodity, the total amount of such Relations Board hereby issues the follow­ pesticide shall not exceed the highest ing rule which it finds necessary to carry SUBCHAPTER B— FOOD AND FOOD PRODUCTS established tolerance calculated as out the provisions of said Act. PART 120— TOLERANCES AND EX­ AS2O3. The rule is issued following proceed­ ings conforming to the requirements of EMPTIONS FROM TOLERANCES FOR 2. The following new section is added 5 U.S.C. section 553 in which notice was PESTICIDE CHEMICALS IN OR ON to Subpart C of Part 120: given that any rule adopted would be RAW AGRICULTURAL COMMODI­ § 120.289 Methanearsonic acid; toler­ immediately applicable. The National TIES ances for residues. Labor Relations Board finds for good cause that this rule shall be effective PART 121— FOOD ADDITIVES A tolerance of 0.7 part per million (ex­ upon publication in the F ederal R egister pressed as As20*) is established for resi­ Methanearsonic Acid and shall apply to all proceedings af­ dues of the herbicide methanearsonic fected thereby which are pending at the A petition (PP 9F0794) was filed with acid in, or on cottonseed, from applica­ time of such publication or which may the Food and Drug Administration by tion of the disodium and monosodium arise thereafter. the National Agricultural Chemicals As­ salts of methanearsonic acid in the pro­ duction of cotton. Jurisdictional standards applicable to sociation, 1155 15th Street NW., Wash­ private colleges and universities; notice ington, DC 20005, proposing the estab­ 3. The following new section is added of issuance of rule. On July 14, 1970, the lishment of a tolerance for residues of to Subpart C of Part 121: Board having determined in Cornell the herbicide methanearsonic acid (cal­ § 121.334 Methanearsonic acid. University, 183 NLRB No. 41, to assert culated as elemental arsenic) in or on jurisdiction over private nonprofit col­ the raw agricultural commodity cotton­ A tolerance of 0.9 part per million (ex­ leges and universities as a class pub­ seed at 0.5 part per million resulting from pressed as AszOs) is established for resi­ lished in the F ederal R egister, (35 F.R. application of the disodium and mono­ dues of the herbicide methanearsonic 11270) a notice of proposed rule sodium salts of methanearsonic acid in acid in, or on cottonseed hulls, from ap­ making which invited interested parties the production of cotton. plication of the disodium ' and mono­ to submit views, data, and recommenda­ Subsequently the petitioner amended sodium salts of methanearsonic acid in tions to assist the Board in formulating the petition by changing the tolerance the production of cotton. a standard to be applied in determining level from 0.5 part per million (calculated Any person who will be adversely af­ whether to assert jurisdiction over spe­ as elemental arsenic) to propose a tol­ fected by the foregoing order may at any cific institutions within the class. Thirty- erance of 0.7 part per million (expressed time within 30 days after its date of pub­ three responses to the notice were as As203) in or on cottonseed from ap­ lication in the F ederal R egister file with plication of the disodium and mono­ the Hearing Clerk, Department of 149 Stat. 449; 29 U.S.C. secs. 151-166, as sodium salts of methanearsonic acid. Health, Education, and Welfare, Room amended by act of June 23, 1947 (61 Stat. The petitioner also proposed a food ad­ 6-62, 5600 Fishers Lane, Rockville, MD 136; 29 U.S.C. secs. 151-167), act of Oct. 22, ditive tolerance of 0.9 part per million 20852, written objections thereto in quin- 1951 (65 Stat. 601; 29 U.S.C. secs. 158, 159- (expressed as As203) for residues of tuplicate. Objections shall show wherein 168), and act of Sept. 14, 1959.(73 Stat. 51 . methanearsonic acid concentrating in the person filing will be adversely af­ 29 U.S.C. secs. 141-168).

FEDERAL REGISTER^ VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 RULES AND REGULATIONS 18371

received containing proposals and infor­ within the reach of the Act. It has been ployees, numbers of students, or annual mation. After giving careful considera­ argued that because the current annual expenditures for commercial purposes. tion to all the responses, the Board has gross revenue standards set for other However, after considering all the vari­ concluded that it will best effectuate the types of enterprises are all lower than $1 ous alternatives, the Board concludes purposes of the Act to apply a $1 million million the Board is thereby precluded that a gross revenue test is preferable, annual gross revenue standard to pri­ from adopting, or ought not to adopt, for it has the advantages of simplicity vate, nonprofit colleges and universities. any gross revenue standard higher than and ease of application. Board experi­ A rule establishing that standard has the highest current standard which is ence has demonstrated that such figures been issued concurrently with the pub­ $500,000 per annum. However, this argu­ are readily available and relatively easy lication of this notice. ment overlooks the interplay between to produce, thereby reducing the amount Although it is well settled that the Na­ the various relevant considerations. of time, energy, and funds expended by tional Labor Relations Act gives to the For example, available data revealed the Board and staff as well as imposing Board a jurisdictional authority coex­ that the $250,000 gross revenue standard less of a burden on the parties involved. tensive with the full reach of the com­ established for the hospital industry ex­ In light of the foregoing considera­ merce clause,1 it is equally well estab­ tended the Board’s jurisdiction to ap­ tions, the Board is satisfied that the $1 lished that the Board in its discretion proximately 76 percent of the institu­ million annual gross revenue standard may set boundaries on the exercise of tions in that field.5 In adopting a $500,000 announced today will bring uniform and that authority.1 In exercising that dis­ annual gross revenue standard for the effective regulation of labor relations to cretion, the Board has consistently taken hotel industry, the Board observed that labor disputants at private, nonprofit the position "that it would better effec­ only 3.5 percent of the employers, but colleges and universities, and at the same tuate the purposes of the Act, and pro­ over 60 percent of the hotel employees, time enable the Board to function as a mote the prompt handling of major would be covered.® The same gross rev­ responsive forum for the resolution of cases, not to exercise its jurisdiction to enue standard applied to the retail in­ those disputes. the fullest extent possible under the au­ dustry encompassed 6.5 percent of the § 103.1 Colleges and universities. thority delegated to it by Congress, but retail store employees.7 Thus, although to limit that exercise to enterprises the standard set for private, nonprofit The Board will assert its jurisdiction whose operations have, or at which labor colleges or universities is higher on its in any proceeding arising under sections disputes would have, a pronounced im­ face than gross revenue standards cur­ 8, 9, and 10 of the Act involving any pact upon the flow of interstate rently existing for other enterprises, its private nonprofit college or university commerce.” * practical effect is to extend the protec­ which has a gross annual revenue from In determining where to draw such a tions of the Act to a greater proportion of all sources (excluding only contributions dividing line, the Board here, as in the the employers and employees in the af­ which, because of limitation by the past, must balance its statutory obliga­ fected class. Further, the industries to grantor, are not available for use for tions to extend the rights and protec­ which the Board applies gross revenue operating expenses) of not less than $1 tions of the Act to those employers and standards of $500,000 or less conduct million. employees whose labor disputes are their business through large numbers of Dated, Washington, D.C., Novem­ likely to have a substantial impact on relatively small units, a substantial num­ ber 30, 1970. commerce against the need to confine its ber of which must be embraced by the caseload to manageable proportions. We relevant jurisdictional standard if the By direction of the Board. are satisfied that the standard an­ Board effectively is to regulate the labor nounced above accommodates these relations of the industry. Here, in con­ Ogden W. F ields, considerations. trast, effective regulation of the labor re­ Executive Secretary: In arriving at a $1 million gross rev­ lations of the industry can be achieved, [F.R. Doc. 70-16240; Filed, Dec. 2, 1970; enue figure,4 the Board considered the in our opinion, under the higher stand­ 8:51 a.m.] nature of the impact upon commerce ard. Finally, the Board has rejected con­ made by private, nonprofit colleges and tentions that a standard higher than $1 universities, as well as the number of million should be adopted because the employers and employees potentially af­ Board is satisfied that colleges and uni­ Title 32— NATIONAL DEFENSE versities with gross revenues of $1 mil­ fected. Thus, statistical projections based Chapter I— Office of the Secretary of on data submitted by responding parties lion have a substantial impact on com­ disclosed that adoption of such a stand­ merce; and that the figure selected will Defense not result in an unmanageable increase ard would bring some 80 percent of all on the Board’s caseload. SUBCHAPTER B— PERSONNEL; MILITARY AND private colleges and universities and ap­ CIVILIAN proximately 95 percent of all full- and We recognize that there remains a part-time nonprofessional personnel small number of colleges and univer­ PART 52— SPECIAL ASSIGNMENT sities and their employees who will be excluded from the coverage of the Act. POLICIES FOR FAMILY MEMBERS *See N.L.R.B. V. Fainblatt, ct al., 306 U.S We are nevertheless satisfied that this The Deputy Secretary of Defense ap­ Wl, standard will bring within the Board’s ‘ Office Employees International Union proved the following revision to Part 52 jurisdiction those labor disputes in the on October 20, 1970: Local No. l i v. N.L.R.B., 353 U.S. 313; sectioi industry which exert or tend to exert a 14 (c) (1) of the Act. Sec. Lumber Company, 91 NLRI pronounced impact on commerce. More­ 52.1 Purpose. r f ’ 63e- See also, e.g., Floridan Hotel o over, adoption of a particular standard 52.2 Applicability. ’r^mPa>Inc-. 124 NLRB 261, 264; Butte Medi now in light of prevailing conditions does 52.3 Definitions. Properties, d/b/a Medical Center Prop' not foreclose future réévaluation and re­ 52.4 Policy. erties, 168 NLRB 266, 268. vision of that standard should sub­ reflected la the rule, this figure in sequent circumstances make that Authority : The provisions of this Part 52 ! r®!?“ues from ah sources, exceptini issued under sec. 301, 80 Stat. 879; 5 U.S.C. appropriate. 301. cc™ u tio n s which, because of limits There are, of course, criteria other avaiiowaCid thereon by the grantor, are no triw ? le for 0Perating expenses. These con than gross revenue by which to assess § 52.1 Purpose. tr iw ^ US encomPassing, for example, con the impact of an institution on com­ fimnti ns to an endowment fund or buildini merce. For example, responding parties This part prescribes uniform Depart­ nonr«^e excluded because of their generally suggested tests based on numbers of em- ment of Defense policies governing the Inc i nature (cf. Magic Mountain assignment and discharge of sole surviv­ InvMtm3 1fLRB 117°) • Income derived iron ■ Butte Medical Properties, 168 NLRB 266. ing sons, as defined herein, and the as­ cou n S ?f ®uch funds will, however, b< • Floridian. Hotel of Tampa, Inc., 124 NLRB signment and reassignment of military ard W £ determining whether the stand. 261, 265. ard has been satisfied. personnel from the same immediate fam­ 7 Id. at 265-266, footnote 19. ily to the same military unit or ship.

No. 234— -9 FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18372 RULES AND REGULATIONS

§ 52.2 Applicability. or more sons or daughters in a family of paragraph (c) and (d) of AD 70-2-3 The provisions of this part apply to the (see § 52.3(a) (4)) shall be required to are not necessary for the Rolls-Royce Military Departments. complete at least 6 months of active duty Dart 542-4 and 542-4K. These engines prior to discharge in order to qualify for are presently installed only in Convair § 52.3 Definitions. a veteran’s exemption under the provi­ airplanes. It has come to the attention of As used in this part, the following sions of 50 App. U.S.C. 456(b) (3) of this the FAA that the Convair installations definitions will apply: subchapter. impose relatively low stresses on the (a) “Sole surviving son” means the (iii) Commissioned officers (includingshaft as compared to the installations only remaining son in a family of which, warrant officers) will not be released incorporating the other engines in the because of hazards incident to service in from active duty based on their qualifi­ series. Therefore, the AD is being super­ the Armed Forces of the United States, cations as sole surviving sons. seded by a new AD that retains the cur­ the father, or one or more sons or (b) Family members— (1) Concurrentrent requirement for periodic inspec­ daughters— assignments—(i) All areas of assign­ tions of the propeller shaft on Rolls- (1) Have been killed; ment. Where a military requirement Royce Dart 542-4, 542-4K, 542-10, 542- (2) Have died as a result of wounds, exists, requests from members of the 10J, and 542-1OK engines to determine accident, or disease; same immediate family for assignment whether the shaft contains material in­ (3) Are in a captured or missing-in­ to the same unit or ship shall not be clusions but excludes Rolls-Royce Dart action status; or prohibited. Models 542-4 and 542-4K engines in­ (4) Are permanently 100 percent (ii) Within designated hostile firestalled in Convair airplanes from repeti­ physically disabled (to include 100 per­ areas. The policies outlined in Part 49 tive inspections if the engines have pro­ cent mental disability) as determined by of this subchapter will govern in approv­ peller shafts which have been supplied the Veterans Administration or one of ing requests for assignment to the same by Rolls-Royce with “CU” marked on the the military services, and are hospital­ unit or ship in designated hostile fire front end of the shaft, or which have ized on a continuing basis, and not gain­ areas. been overhauled (including ultrasonic fully employed by virtue of such (2) Reassignments—(i) Areas otherinspection for cracks and material disability. than hostile fire. Except where overriding inclusions) in accordance with Rolls- military needs prohibit, requests for re­ Royce Dart Overhaul Manual O-DA.- Neither the acquisition or retention of assignment to a different unit or ship 10-AC, and identified with “CU” marked sole surviving son status is dependent will be approved for all but one (1) mem­ on the front end of the shaft. The AD upon the existence of any other living ber of the same immediate family. also retains the current requirement for family member (Supreme Court Decision, (ii) Within designated hostile fire the installation of a placard on all air­ McKart v. U.S. (May 26, 1969, No. 403— areas. The policies outlined in Part 49 of planes having the affected Rolls-Royce October Term, 1968)). this subchapter will govern in approving Dart engines installed to require the (b) “Family members” include a hus­ requests for reassignment from the same feathering of the propeller in the event band and wife, or the father, ihother, unit or ship in designated hostile fire of abnormal, short duration r.pjn. in­ sons and daughters, and all sisters and areas. crease accompanied by a drop in t.g.t. brothers as defined in 37 U.S.C. 501(a) and torque pressure. (2), (3) and (4). All assignment and reassignment re­ (c) “Areas other than hostile fire”: quests must be in writing and may be Since this amendment relieves a re­ All areas except those designated in submitted only by the military member striction for certain operators and im­ § 49.3 of this subchapter. concerned. poses no additional burden on any person, notice and public procedure (d) “Armed Forces of the United Maurice W. R oche, States” denotes collectively all compo­ Director, Correspondence and hereon are unnecessary and the amend­ nents of the Army, Navy, Air Force, Ma­ Directives Division, OASD ment may be made effective in less than rine Corps and Coast Guard. (Administration). 30 days. § 52.4 Policy. [F.R. Doc. 70-16162; Filed, Dec. 2, 1970; In consideration of the foregoing, and 8:45 a.m.J (a) Sole surviving sons—(1) Assign­ pursuant to the authority delegated to ments. (i) A sole surviving son may not me by the Administrator (14 CFR 11.89), be assigned to duties normally involving § 39.13 of Part 39 of the Federal Aviation actual combat with the enemy if he or Title 14— AERONAUTICS AND Regulations is amended by adding the one of his parents submits a request for following new airworthiness directive: noncombat duty. However, where the R olls-R oyce Dart. Applies to Rolls-Royce parent alone makes the request, it may SPACE Dart Models 542-4, 542-4K, 542-10, 542- be waived by the serviceman. Chapter I— Federal Aviation Adminis­ 10J, and 542-10K engines. (ii) This policy will not be interpreted tration, Department of Transporta­ Compliance is required as indicated, unless to mean that sole surviving sons will not already accomplished. be assigned to overseas commands where tion To prevent cracking and subsequent failure combat conditions are nonexistent. [Docket No. 10039; Amdt. 39-1119] of the engine propeller shaft and damage to (2) Discharges, (i) Enlisted personnel the coarse pitch oil line due to material PART 39— AIRWORTHINESS inclusions in that part of the shaft between who become sole surviving sons subse­ the annulus gear support diaphragms, quent to their enlistment or induction DIRECTIVES accomplish the following: may apply for and be granted an ad­ Rolls-Royce Dart 542-4, 542-4K, (a) For all airplanes with Rolls-Royce Dart ministrative d isch arge, except in Models 542-4, 542-4K, 542-10, 542-10J, and instances: 542-10, 542-10J, and 542-1 OK 542-10K engines installed except those having (a) Arising during the period of a war Engines engine propeller shafts installed which have been supplied by Rolls-Royce with “CU” or national emergency hereafter declared Amendment 39-913, 35 F.R. 145, AD marked on the front end of the shaft, or in by the Congress; or 70-2-3, as amended by Amendment 39- which each engine propeller shaft has been (b) Where the individual qualifies as 1056, 35 F.R. 12270, required repetitive overhauled (including ultrasonic inspection a sole surviving son on the basis of a inspections of certain specified propeller for cracks and material inclusions) in ac­ captured or missing-in-action status of a cordance with Rolls-Royce Dart Overhaul father, brother, or sister (see § 52.3 shafts installed on Rolls-Royce Dart Manual O-DA.IO-AC and identified with (a)(3)). Models 542-4, 542-4K, 542-10, 542-10J, “CU” marked on the front end of the shaft, and 542-1OK engines. After issuing and which are not listed in paragraph (g) of (ii) Sole surviving sons who qualify this AD, within the next 50 horns’ time iQ for discharge on the basis of the 100 per­ Amendment 39-1056, it has been de­ service after the effective date of this AD, cent disability status of the father, or one termined that the repetitive inspections install the following placard in clew view

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 RULES AND REGULATIONS 18373 of the pilot and as close to the R.P.M. indica­ I nspection op Dart P ropeller Shafts xn I nspection of Dart P ropeller S hafts in tors as practicable: “In the event of ab­ I nstalled Engines—Shafts F rom T op I nstalled Engines—Shafts from Unre­ normal, short duration it.P.M. increase (500- T hree I ngot P osition corded I ngot P ositions—Continued 600 R.P.M.) accompanied by a drop in TOT and torque pressure at a fixed power setting, Shaft Shaft . Shaft immediately feather affected propeller per Serial Serial Serial No. No. No. No. No. No. AFM feathering instructions.” HA. 275 HE. 142 HR. 447 HB. 981 HD. 850 HM. 355 (b) For engines which have been feathered HA. 277 HE. 143 HR. 448 HB. 982 HD. 851 HM. 356 in accordance with the placard in paragraph HA. 281 HG. 562 HR. 511 HC. 539 HD. 853 HM. 357 (a), overhaul the engine propeller shaft HB. 25 (including ultrasonic inspection) in accord­ HG. 563 HR. 513 HC. 540 HH. 638 HM. 358 ance with Rolls-Royce Dart Overhaul Manual HB. 29 HG. 570 HR. 520 HC. 541 HH. 639 HM. 359 O-DA.IOAC to determine whether material HB. 30 HG. 571 HR. 527 HC. 542 HH. 640 HM. 360 inclusions or cracks exist in that part of the HC. 846 HG. 572 HR. 528 HC. 543 HH. 641 HM. 361 engine propeller shaft between the annulus HC. 847 HH. 699 HR. 529 HC. 544 HH. 642 HM. 362 gear support diaphragms, and whether the HC. 849 HH. 700 HR. 532 HC. 545 HH. 643 HM. 363 propeller coarse pitch oil line has been HC. 854 HH. 714 HR. 533 HC. 546 HH. 644 HM. 364 HC. 856 HH. 715 HR. 535 HC. 547 HH. 645 HM. 365 damaged. If material inclusions or cracks in HH. 716 the propeller shaft or damage to the propeller HC. 857 HR. 536 HC. 548 HH. 646 HM. 366 coarse pitch oil line are found, before further HC. 858 HH. 717 HR. 547 HC. 549 HH. 647 HM. 367 flight replace the cracked propeller shaft and HC. 861 HH. 719 HR. 551 HC. 550 HH. 648 HM. 368 damaged propeller coarse pitch oil line with HC. 862 HH. 720 HR. 552 HC. 558 HH. 649 HM. 369 an approved serviceable part of the same part HD. 60 HH. 721 HR. 553 HC. 559 HH. 650 HM. 370 number. HD. 61 HJ. 135 HR. 580 HC. 560 HH. 651 HM. 371 (c) For all engines having propeller shafts HD. 62 HJ. 138 HR. 581 HC. 561 HH. 652 HM. 372 HD. 67 HJ. 143 HR. 583 HC. 562 HH. 653 HM. 373 with 1,200 or more hours’ time in service on HD. 69 HJ. 151 the effective date of this AD, within the next HR. 592 HC. 563 HH. 654 HM. 374 450 hours’ time in service and thereafter at HD. 71 HJ. 153 HR. 595 HC. 564 HH. 655 HM. 375 intervals not to exoeed 1,200 hours’ time in HD. 73 HJ. 157 HR. 596 HC. 565 HH. 656 HM. 376 service since the last inspection, inspect each HD. 74 HJ. 165 HR. 597 HC. 566 HH. 657 HM. 377 engine propeller shaft (Including ultrasonic HD. 86 HJ. 167 HR. 600 HC. 667 HH. 658 HM. 378 Inspection) in accordance with Rolls-Royce HD. 88 HJ. 168 HR. 601 HC. 568 HH. 659 HM. 379 HD. 94 HJ. 173 HR. 780 HC. 569 HH. 660 HM. 380 Dart Aero Engine Alert Service Bulletin HD. 95 HJ. 176 Number Da 72-367, dated September 17,1969, HR. 781 HC. 576 HH. 661 HM. 381 or later ARB-approved issue or an FAA- HD. 97 HJ. 178 HR. 789 HC. 577 HH. 662 HM. 382 approved equivalent. If material inclusions HD. 103 HJ. 180 HR. 980 HC. 578 HH. 663 HM. 383 or cracks are detected during any inspection, HD. 105 HJ. 189 HR. 981 HC. 579 HH. 664 HM. 384 before further flight replace the engine pro­ HD. 107 HJ. 190 HR. 989 HC. 580 HH. 665 HM. 385 peller shaft with an approved serviceable HD. 110 HJ. 196 HR. 993 HC. 581 HH. 666 HM. 386 part of the same part number. HD. 117 HJ. 197 HR. 995 HC. 582 HH. 667 HM. 387 (d) For all engines having propeller shafts HD. 119 HJ. 199 HS. 1 HC. 850 HH. 668 HM. 388 with less than 1,200 hours’ time in service on HD. 373 HJ. 201 HS. 5 HC. 852 > HH. 669 HM. 389 the effective date of this AD, within a total HD. 376 HJ. 207 HS. 7 HC. 853 HH. 670 HM. 390 of 1,650 hours’ time in service, and there­ HD. 377 HJ. 212 HS. 8 HC. 855 HH. 671 HM. 391 after at intervals not to exceed 1,200 hours’ HD. 391 HJ. 218 HS. 11 HC. 859 HH. 672 HM. 392 time in service since the last inspection, in­ HD. 392 HJ. 219 HS. 13 HC. 996 HH. 673 HM. 393 spect each engine propeller shaft (including HD. 394 HJ. 223 HS. 14 HD. 807 HH. 674 HM. 394 ultrasonic inspection) in accordance with HD. 399 HM. 266 HS. 16 HD. 808 HH. 675 HM. 895 Rolls-Royce Dart Aero Engine Alert Service HD. 401 HM. 267 HS. 24 HD. 809 HH. 676 HM. 396 Bulletin No. Da 72-367, dated September 17, HD. 404 HM. 272 HS. 25 HD. 810 HH. 677 HM. 397 1969, or later ARB-approved issue or an FAA- HD. 413 HM. 288 HS. 28 HD. 811 HH. 678 HM. 398 approved equivalent. If material inclusions HD. 414 HM. 289 HS. 29 HD. 812 HH. 679 HM. 399 or cracks are detected during any inspection, HD. 421 HM. 294 HS. 30 HD. 813 HH. 680 HM. 400 before further flight replace the engine HD. 425 HM. 436 HS. 129 HD. 814 HH. 681 HM. 401 propeller shaft with an approved serviceable HD. 427 HR. 315 HS. 131 HD. 815 HH. 682 HM. 402 part of the same part number. HE. I ll HR. 319 HS. 139 HD. 816 HH. 683 HM. 403 (e) For Rolls-Royce Dart Models 542-4 HE. 115 HR. 326 HS. 140 HD. 817 HH. 684 HM. 404 and 542—4K engines installed in Convair air­ HE. 121 HR. 337 HS. 142 HD. 818 HH. 685 HM. 405 planes, the repetitive inspections required HE. 129 HR. 345 HS. 149 HD. 819 HH. 686 HM. 406 by paragraphs (c) and (d) may be discon­ HE. 135 HR. 346 HS. 150 HD. 820 HH. 687 HM. 407 tinued when propeller shafts are installed HE. 139 HR. 439 HS. 153 HD. 821' HR. 688 HM. 408 which have been supplied by Rolls-Royce HE. 141 HR. 442 HS. 156 HD. 822 HH. 689 HM. 409 HD. 823 HH. 690 with “CU” marked on the front end of the I nspection of Dart Propeller Shafts in HM. 410 shaft, or which have been overhauled (in­ HD. 824 HH. 691 HM. 411 I nstalled Engines—Shafts from Unre- HD. 825 HH. 692 cluding ultrasonic inspection for cracks and corded I ngot P ositions HM. 412 material inclusions) in accordance with HD. 826 HH. 693 HM. 413 Rolls-Royce Dart Overhaul Manual O-DA. Shaft Shaft Shaft HD. 827 HH. 694 HM. 414 lfl-AC and identified with “CU” marked on Serial Serial Serial HD. 828 HH. 798 HM. 415 the front end of the shaft. No. No. No. HD. 829 HH. 799 HM. 416 . W„p5“’ a11 engines with propeller shafts HA. 28 HA. 85 HA. 957 HD. 830 HH. 800 HM. 417 installed bearing the serial numbers listed HA. 29 HA. 86 HA. 958 HD. 831 HH. 801 HM. 418 jn paragraph (g), the placard required by HA. 30 HA. 87 „ HA. 959 HD. 832 HH. 803 HM. 419 paragraph (a) may not be removed until an HA. 31 HA. 88 HA. 960 HD. 833 HH. 803 HM. 420 approved inspection method has been HA. 32 HA. 89 HA. 961 HD. 834 HH. 804 HM. 421 r eloP * insure that the shafts are free HA. 37 HA. 90 HA. 962 HD. 835 HJ. 944 HM. 422 from defects. HA. 70 HA. 91 HA. 963 HD. 836 HJ. 945 HM. 423 iuogitrPor Boiis-Royce Dart Models 542-4 and HA. 71 HA. 92 HA. 964 HD. 837 HJ. 946 HM. 424 wÜTK e“gine with propeller shafts installed HA. 72 HA. 93 HB. 35 HD. 838 HJ. 947 HM. 425 the serial numbers listed below and HA. 73 HA. 94 HB. 36 HD. 839 HJ. 948 HM. 426 h are not installed in Convair airplanes HA. 74 HA. 95 HB. 37 HD. 840 HJ. 949 HM. 427 and for all Rolls-Royce Models 542-10, HA. 75 HA. 96 HB. 38 HD. 841 HJ. 950 HM. 428 -10J and 542—10K engines with propeller HA. 76 HA. 97 HB. 39 HD. 842 HJ. 951 HM. 429 HA. 77 HA. 692 HB. 40 shafts installed bearing the serial numbers HD. 843 HJ. 952 HM. 430 HA. 78 HA. 595 HB. 41 HD. 844 HJ. 953 HM. 431 s ed below, the repetitive inspection re­ HA. 79 HA. 690 HB. 975 HD. 845 HJ. 954 HM. 432 quired by paragraphs (c) and (d) may not HA. 80 HA. 952 HB. 976 HD. 846 HJ. 955 HM. 433 be discontinued until an FAA-approved in­ HA. 81 HA. 953 HB. 977 HA. 82 HA. 954 HB. 978 HD. 847 HJ. 956 HM. 434 spection method has been developed to in­ HA. 83 HA. 955 HB. 979 HD. 848 HJ. 957 HM. 435 sure that the shafts are free from defects: HA. 84 HA. 956 HB. 980 HD. 849 HJ. 958 HR. 355

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18374 RULES AND REGULATIONS

These numbers are listed In Appendices 2. Section 119.78 is amended by addingthrough (3) in (a ), above. In the event the A and B of Rolls-Royce Dart Aero Engine a new paragraph (b), to read as follows; Contractor is unwilling to accept such an Service Bulletin No. Da 72-307, Revision 2, order, the Contractor wiU return it by mail­ dated February 18, 1970. § 110.78 Sturgeon Bay, Sturgeon Bay, ing or delivering it to the ordering office Wis. within 3 working days after receipt. Failure This supersedes Amendment 39-913, * * * * * to return an order will constitute acceptance 35 F.R. 145, AD 70-2-3, as amended by whereupon all provisions of the contract Amendment 39-1056, 35 F.R. 12270. (b) Area 2. Beginning at a point 160shall apply with respect to such order. This amendment becomes effective feet from the shoreline and on the east (c) Orders from Government contractors December 7, 1970. line of 15th Avenue extended; thence or Government grantees who may use this south 530 feet to a point 100 feet from contract after being authorized in writing (Sec. 313(a), 601, 603, Federal Aviation Act the northern edge of the channel; thence by a Federal agency in accordance with of 1958 (49 U.S.C. 1354(a), 1421, 1423); sec. southeasterly 2,350 feet along a line FPMR 101-26.7 may be accepted under the 6(c), Department of Transportation Act (49 optional use provisions set forth in FPMR U.S.Q. 1655(c))) parallel to the northern edge of the channel to a point on the east line of 101-26.706. Issued in Washington, D.C., on No­ 18th Avenue extended, using that por­ 2. Section 5A-73.109-2 is amended by vember 24, 1970. tion of 18th Avenue that runs in a true revising paragraphs (c), (d), and (f) as H arry A. T urnpaugh, north-south direction perpendicular to follows: Acting Director, Utah Street; thence north 530 feet along §~5A—73.109—2 Determination of agency Flight Standards Service. this line of 18th Avenue extended to a and geographic coverage. [F.R. Doc. 70-16208; Filed, Dec. 2, 1970; point approximately 400 feet from the * * * ♦ * 8:45 a.m.] shoreline; thence northwesterly. 2,350 feet along a line parallel to the northern (c) Thé Office of National Supply Pol­ edge of the channel to the point of icies and Programs as the representative beginning. of the Administration shall, either by Title 33— NAVIGATION AND exchanges of correspondence, personal (Rule 9, 28 Stat. 647, as amended, sec. 6(g)(1)(C ), 80 Stat. 937; 33 U.S.C. 258; 49 contacts or appropriate interagency con­ NAVIGABLE WATERS U.S.C. 1655(g)(1)(C); 49 CFR 1.46(c)(3) ferences, take whatever steps are neces­ (35 F.R. 4959), 33 CFR 1.05-l(c) (1), (35 sary to effect proper coordination and Chapter I— Coast Guard, Department F.R. 8279)) achieve resolution of any problems, in­ of Transportation cluding necessary supporting documen­ Effective date. This amendment shall tation, with representatives of executive SUBCHAPTER I— ANCHORAGES become effective 30 days following the agencies and with the Executive Director, [CGFR 70-86A] date of publication in the F ederal Procurement and Production, Defense PART n o —ANCHORAGE R egister. Supply Agency, as the representative for REGULATIONS Dated: November 25, 1970. the Department of Defense. (d) The Procurement Operations Di­ Subpart A— Special Anchorage R. E. H am m ond, vision shall advise the Office of National A reas Rear Admiral, V.S. Coast Supply Policies and Programs of any pro­ Guard, Chief, Office of Oper­ S turgeon Bay, W is . posed action which will affect the concur­ ations. rence function described in paragraph 1. The Commander, Ninth Coast Guard[F.R. Doc. 70-16245; Filed, Dec. 2, 1970; (b) of this section. District, Cleveland, Ohio, by letter dated 8:51 a.m.] * * * * * * August 24, 1970, requested the establish­ ment of a special anchorage area on (f ) The agency or geographic coverage Sturgeon Bay, at Sturgeon Bay, Wis. A of a Schedule shall not be extended or public notice dated April 16,1970, was is­ Title 41— PUBLIC CONTRACTS reduced without the prior approval of sued by the Commander, Ninth Coast the Director, Procurement Operations Guard District. In addition, a notice of Division, in the case of national or zone proposed rule making was published in AND PROPERTY MANAGEMENT Schedules or the Director, Procurement Programs Management Division, in the the F ederal R egister of August 19, 1970 Chapter 5A— Federal Supply Service, (35 F.R. 13219). Two comments to the General Services Administration case of regional schedules. District’s public notice were received in PART 5A-73— FEDERAL SUPPLY 3. Section 5A-73.109-6 is revised to favor of the proposed special anchorage read as follows: area. An additional comment from the SCHEDULE PROGRAM § 5A—73.109—6 Optional use. Wisconsin Highway Commission objected Use of Schedules by Government Paragraph (b) of the clause prescribed on the ground that the special anchorage Contractors and Grantees area would conflict with a proposed high­ in § 5A-73.109-1 provides, in general way crossing of Sturgeon Bay. The Com­ The table of contents for Part 5A-73 terms, that certain other ordering activi­ mander, Ninth Coast Guard District, re­ is amended to delete the following entry: ties may place orders under the Schedule sponded that the establishment of a spe­ Sec. cial anchorage area, does not preclude 5A-73.109-7 Use of schedules by contractors on an optional basis. Any question on other uses of the area. If the construc­ and grantees. whether GSA is authorized by law to tion of the bridge and the anchorage area procure for a particular activity shall be are found to be incompatible, the Com­ Subpart 5A—73.1— Production and referred to assigned counsel. mandant may disestablish or modify the Maintenance special anchorage area, if such action § 5A-73.109-7 [Deleted] 1. Section 5A-73.109-1 is amended by 4. Section 5A-73.1Q9-7 is deleted in its would be in the public interest. There was the revision of paragraph (b) and the no response to the notice of proposed entirety. addition of paragraph (c) to the Scope rule making published in the F ederal (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); R egister. Therefore, the request to es­ of Contract clause as follows: 41 CFR 5-1.101 (c)) tablish a special anchorage area on § 5A—73.109—1 Statement of scope. Effective date. This regulation is ef­ Sturgeon Bay, at Sturgeon Bay, Wis., is * * * * # granted. In this special anchorage area, fective 30 days after the date shown- Scope op Contract below. vessels not more than 65 feet in length, ■ * * * * * when at anchor, are not required to carry (b) Activities, Other Than Those Named Dated: November 18,1970. or exhibit anchor lights. The area is Above, Including authorized non-appropri- H. A. A bersfeller, southeasterly from the Wisconsin Routes ated fund activities, and for which General Commissioner, 42 and 57 highway bridge that crosses Services Administration is authorized by law Federal Supply Service. to procure, may place orders under the con­ Sturgeon Bay and north of the main ship tracts and Contractors are encouraged to [F.R. Doc. 70-16174; Filed, Dec. 2, 1970; channel. honor such orders within the exceptions (1) 8:46 a.m.] FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 RULES AND REGULATIONS 18375

Chapter 8— Veterans Administration Ipecac, root. ual, handbook or brochure containing .op­ Jute and jute burlaps. erating, installation and maintenance in­ MISCELLANEOUS AMENDMENTS TO Kaurigum. structions (including pictures or illustra­ Lac. tions, as necessary) to the Service and CHAPTER Lavender oil. Reclamation Division, VA Supply Depot, Chapter 8 is amended as follows: Logs, veneer, and lumber from Alaskan yel­ Hines, 111. In addition, the contractor agrees low cedar, angelique, balsa, ekkl, green- to furnish two copies of the manual, hand­ PART 8-3— PROCUREMENT BY­ heart, lignum vitae, mahogany, and teak. book or brochure with each piece of equip­ NEGOTIATION Manganese. ment sold as a result of the invitation for bid Menthol, natural, bulk. or request for proposal. Where applicable, 1. Section 8-3.607-50 is added to read Mica< these manuals, handbooks or brochures will as follows: Nickel, primary, in ingots-,' pigs, shot, cath­ also include electrical data and connection § 8-3.607-50 Intra-agency use of local odes, or similar forms; nickel oxide and diagrams for all utilities. They shall also con­ term contracts. nickel salts. tain a complete list of all replaceable parts Nitroguanidine (also known as picrite). showing part number, name, and quantity Where there is more than one Vet­ Nux vomica, crude. required. erans Administration field station located Oiticica oil. in a community, or within a reasonable Olive oil., (c) When the bid or proposal will re­ commuting distance, consideration shall Olives, green; plain (unpitted) and stuffed, sult in any purchase, the following clause be given to entering into a single contract bulk. will be used: for supplies or services not available from Opium, crude. Guarantee. The Contractor guarantees the Oranges, mandarin, canned. equipment against defective material, work­ normal Veterans Administration supply Petroleum, crude oil; petroleum, finished manship and performance for a period of —,* channels. In determining whether such products; and petroleum, unfinished oils. said guarantee to run from date of accept­ a single contract is both feasible and Pine needle oil. ance of the equipment by the Government. economical, the chiefs of the respective Platinum and platinum group metals re­ The Contractor agrees to furnish, without supply divisions concerned shall be fined, as sponge,-powder, ingots, or cast cost to the Government, replacement of all guided by the provisions of PPR 1-3.607. bars. parts and material which are found to be Pyrethrum flowers. defective during the guarantee period. Re­ PART 8-6— FOREIGN PURCHASES Quartz crystals. placement of material and parts will be Quebracho. furnished to the Government at the point of 2. Section 8-6.105 is revised to read Quinidine. installation, if installation is within the as follows: Quinine. continental United States, or f.o.b. the con­ Radium salts. tinental U.S. port to be designated by the § 8-6.105 Excepted articles, materials, Rubber, crude and latex. purchasing officer if installation is outside and supplies. Rutile. of the continental United States. Cost of Pursuant to the “Buy American Act,” Santonin, crude. installation of replacement material and the Director, Supply Service has deter­ Secretin. parts shall be borne by the Contractor.* mined that the articles, materials, and Shellac. Silk, unmanufactured. 4. Section 8-7.650-11 is added to read supplies listed in this section may be Sisal. as follows : acquired by the Veterans Administra­ Sperm oil. tion without regard to source, except as § 8—7.650—11 Affirmative action com­ Spices and herbs. pliance program. provided in Subpart 8-6.53. Sugar. Acetylene, black. Talc, block, steatite. Invitations for bids that will result in Agar, bulk. Tapioca, tapioca flour and cassava. a construction contract of $50,000 or Anise. Tartar, crude, tartaric acid and cream of more will contain the following clause: Antimony, as metal or oxide. tartar. Tea. Affirmative Action Compliance Program— Asbestos, amosite. E qual Opportunity P rogram Bananas. Thyme oil. Beef, corned, canned. Tin, in bars, blocks, and pigs. (a) If this solicitation results in the award Beef extract. Triprolidine hydrochloride. of a contract amounting to $50,000 or more Bephenium hydroxynaphthoate. Tungsten. to a contractor having in his employ 50 or Bismuth. Vanilla beans. more employees, the contractor shall develop Books, trade, text, technical or scientific; Wax, carnauba. and maintain, within 120 days after the newspapers; magazines; periodicals; award, a separate written affirmative action printed briefs and films; not printed in the PART 8-7— CONTRACT CLAUSES compliance program for each of his establish­ United States and for which domestic edi­ ments. The contractor shall require each sub­ tions are not available. 3. Section 8-7.150-24 is revised to readcontractor having 60 or more employees, to Brazil nuts. as follows: whom he awards a subcontract, amounting to Cadmium ores and flue dust. § 8—7.150—24 Purchase descriptions and $50,000 or more, to develop and maintain, Calcium cyanamide. “brand name or equal” descriptions. within 120 days after the award of such sub­ Capers. contract, a separate written affirmative ac­ Cashew nuts. The following clauses will be included tion compliance program for each of his Castor beans. in all invitations for bids or requests for establishments. Chalk, English. / proposals for mechanical equipment util­ (b) Each affirmative action program shall Chicle. izing purchase descriptions or "brand be developed in conformity with the Rules Chrome ore or chromite. name or equal” descriptions. and Regulations of the Office of Federal Con­ Cinchona bark. tract Compliance, U.S. Department of Labor Cobalt, in cathodes, rondelles, or other pri­ (a) When the bid or proposal will re­ (Title 41, sec. 60-1.40, Chapter 60 of the mary forms. sult in a one-time field station purchase, Code of Federal Regulations). Each program Cocoa beans. the following clause will be used : Coconut and coconut meat in shredded. Service data manual. The contractor agrees 1 Normally, insert 1 year. If industry policy desiccated, or similarly prepared form, to furnish two copies of a manual,, handbook covers a shorter or longer period, i.e., 90 days coffee, raw or preen bean. or for the life of the equipment, insert such Colchicine alkaloid, raw. or brochure containing operating, Installa­ Copra. tion, and maintenance Instructions (includ­ period. ing pictures or illustrations, as necessary). 2 The above clause will be modified to con­ Cork, wood or bark and waste. form to standards of the industry involved. Dammar gum. Where applicable, it will include electrical data and connection diagrams for all utilities. Where it is industry policy to furnish, but Diamonds, industrial. The instructions shall also contain a com­ not install, replacement material and parts Emetine, bulk. at the Contractor’s expense, the last sentence 1-Ephedrine. plete list of all replaceable parts showing part number, name, and quantity required. will be changed to indicate that cost of in­ Ergot, crude. stallation shall be borne by the Government. Erythrityl tetranltrate. (b) When the bid or proposal will re­ Where it is industry policy to (i) guarantee mber, coir, abaca, and agave. sult in the initial purchase (including components for the life of the equipment (i.e., crystals in tranmitters and receivers in Goat and kid skins. each make and model) of a centrally procured item, the following clause will radio communications systems) or (ii) re­ Gmphite, natural, crystalline, crucible grade. quire that highly technical equipment be be used: returned to the factory (at Contractor’s or Hog bristles for brushes. Service data manual. The contractor agrees, Government’s expense) for replacement of ■Hyoscine, bulk. when requested by the contracting officer, to defective materials or parts, the clause used Iodine, crude. furnish not more than five copies of a men- will be compatible with such policy. FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18376 RULES AND REGULATIONS shall be maintained at the local office re­ fee which may be charged by the Na­ sponsible for personnel matters of the par­ tional Park Service, the Bureau of Land ticular establishment and shall he made Title 43— PUBLIC LANDS: available for inspection by representatives Management, the Bureau of Sport of the Office of Federal Contract Compliance, INTERIOR Fisheries and Wildlife, the Bureau of or such agency as may be designated as the Reclamation, the Forest Service, the Compliance Agency, upon request. Subtitle A— Office of the Secretary of Corps of Engineers, the Tennessee Valley (c) Clause 5 of Standard Form 19-B is the Interior Authority, and the U.S, Section of the amended to include the following: International Boundary and Water Com­ The bidder (or offerer) represents that (1) PART 18— RECREATION FEES mission (United States and Mexico) he [ ] has developed and has on file [ ] shall be selected from the schedule of has not developed and does not have on file The Land and Water Conservation at each establishment affirmative action pro­ Fund Act of 1965, 78 Stat. 897 (1964), as fees according to the criteria set forth in grams as required by the rules and regula­ amended, authorizes the President to this part. tions of the Secretary of Labor (41 CFR 60-1 provide for the establishment of en­ § 18.2 Designation. and 60-2), or (2) he [ ] has not previously trance, admission, and user fees at desig­ had contracts subject to the written affirma­ nated recreation areas. Executive Order (a) The heads of the administering tive action program requirement of the rules 11200 provided for the designation of agencies and departments listed in and regulations of the Secretary of Labor. areas at which such fees shall be charged § 18.1 shall at least annually review all and directed the Secretary of the In­ areas under their respective jurisdictions to determine: PART 8-30— CONTRACT FINANCING terior to adopt such coordination meas­ ures as are necessary to carry out the (1) Whether any additional areas 5. Section 8-30.419 is added to read aspurposes of sections 2(a) and 4(a) of should, in accordance with the designa­ follows: the Act and the provisions of that order. tion criteria prescribed in this section, A revised Part 18 providing for criteria be designated as areas at which recrea­ § 8—30.419 Excluded advance payments. for designation of Federal recreation tion fees shall be charged; This section specifies certain items for areas, posting, and a schedule of fees (2) Whether the recreation fee for which advance payments may or may not applicable to Designated Fee Areas is an area therefore designated should be be made. published below. This revision shall increased or reduced; or (a) Lantern slides such as 35 mm. become effective on January 1, 1971. 03) Whether the designation of an slides of X-rays, electrocardiograms, It is the policy of the Department of area as one at which fees shall be charged gross specimens and photomicrographs the Interior, whenever practicable, to should be eliminated. are properly classified as “publications” afford the public an opportunity to par­ (b) An area or closely related group when they are used in conjunction with ticipate in the rulemaking process. Ac­ of areas shall be designated as an area and are necessary for the effective use cordingly, interested persons may submit at which fees shall be charged (herein­ of printed matter as they may be viewed written comments, suggestions, or ob­ after referred to as Designated Fee Area) or read like newspapers. Advance pay­ jections to the Secretary, Department of and fees shall be charged if the following ment for such lantern slides is authorized the Interior, Washington, D.C., within conditions are found to exist • concur­ under 31 U.S.C. 530a. Phonograph rec­ 15 days of the publication of this notice rently: ords and tape recordings are made to be in the F ederal R egister. (1) The area is administered by any of the eight agencies specified in § 181; heard and are not “publications”. Ad­ Part 18 of Subtitle A of Title 43 of the vance payment may not be made for such (2) The area is administered pri­ Code of Federal Regulations is revised marily for scenic, scientific, historical, records or recordings. to read as follows: (b) Advance payment may be made for cultural, or recreational purposes; services and supplies obtained from an­ Sec. (3) The area has recreation facilities other Government agency. This includes 18.1 Application. or services provided at Federal expense; 18.2 Designation. and items such as coupons from the Govern­ 18.3 Posting. ment Printing Office and Operator Per­ 18.4 Types of fees. (4) The nature of the area is such that mits, Civilian Defense Radio System, 18.5 Fee for annual permit. fee collection is administratively and eco­ from the Federal Communications Com­ 18.6 Fees for daily permits. nomically practical. mission. 18.7 Validation and display of entrance (c) In addition to the conditions listed (c) Advance payment may be made permits. in paragraph (b) of this section, the fol­ for all or any part of the necessary ex­ 18.8 User fees. lowing conditions shall apply to designa­ 18.9 Effective dates of fees. tion of recreation fee areas under the di­ penses for training Government em­ 18.10 Period for collection of fees. ployees in Government or nongovern­ 18.11 Enforcement. rect administration of the Corps of ment facilities. This includes the pur- 18.12 Exceptions, exclusions, and exemp- Engineers: case or rental of books, materials, and tlons. (1) User fees shall be charged only supplies or services directly related to the 18.13 Public notification. for use of highly developed facilities re­ training of a Government employee. 18.14 Production, distribution and sale of quiring continuous presence of personnel entrance permits and revision or for maintenance and supervision of the (Sec. 205(c), 63 Stat. 390, as amended, 40 interpretation of this part. U.S.C. 486(c); sec. 210(c) , 72. Stat. 1114, 38 facilities. U.S.C. 210(c)) Authority: The provisions of this Part 18 (2) No fees shall be charged for en­ issued under sec. 2, 78 Stat. 897, as amended; trance, or access to, or use of water areas, These regulations are effective imme­ sec. 210, 82 Stat. 739; and Executive Order undeveloped or lightly developed shore- diately. 11200. land, picnic grounds, overlook sites, sce­ Approved: November 27,1970. § 18.1 Application. nic drives, or boat launching ramps where no mechanical or hydraulic equip­ By direction of the Administrator. (a) This part is promulgated pursuant to the Land and Water Conservation ment is provided. [seal] F red B. R hodes, Fund Act of 1965, 78 Stat. 897, as (3) The Secretary of the Army shall Deputy Administrator. amended, section 210 of the Flood Con­ issue such regulations supplemental to [F.R. Doc. 70-16210; Filed, Dec. 2, 1970; trol Act of 1968, 82 Stat. 739, and this part as may be deemed necessary, 8:48 a.m.] Executive Order 11200. Any recreation subject to the.conditions of § 18.14(b).

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 RULES AND REGULATIONS 18377

§ 18.3 Posting. sign as indicated in the rendition below (d) An appropriate sized edition of the with the following characteristics: above-described sign may be used in con­ (a) The heads of the administering (1) Be constructed of enameled steel, junction with all signs erected by the ad­ agencies and departments shall provide coated aluminum, silk screen reflective ministering agency or department which for the posting of designation signs as material attached to wood or metal, or direct the public to a Designated Fee prescribed in this section at all entrances 6ther permanent materials; Area. Such signs also may be used in to Designated Pee Areas in a manner combination with other entrance signs such that the visiting public will be (2) Consist of the basic elements, pro­ clearly notified that recreation fees are portion, and colpr as indicated below; or incorporated into larger entrance charged therein. (3) The color midnight blue shall be signs. (b) All Designated Fee Areas shall be Pantone Matching System 282; the color (e) No recreation fee established pur­ prominently posted with at least one sign gold shall be Pantone Matching System suant to this part shall be effective at (of attractive design, easy readability, 130; any Designated Fee Area until that area and suitable permanence) showing, (4) The rounded triangle shall be 18 has been posted. where applicable, fee options for en­ inches in vertical height at all Desig­ § 18.4 Types of fees. trance or admission, whether user fees nated Fee Areas, except that at those are charged, and similar appropriate areas entered only by foot, the rounded There shall be two general types of information. triangle may be nine inches in vertical fees: Entrance or admission fees and (c) All Designated Fee Areas where height; user fees. There shall be two types of the annual permit prescribed in § 18.4(a) (5) Contain the words “U.S. Fee Area” entrance or admission fees: A fee for an is valid shall be posted with an additional as indicated below. annual permit and a fee for a daily permit. SPECIFICATIONS FOR OFFICIAL DESIGNATION SIGN § 18.5 Fee for annual permit.

RECOMMENDED MATERIALS (a) The annual permit shall be valid on a calendar year basis at all Designated 12 GAUGE ENAMELED STEEL OR Fee Areas at which entrance or admis­ .032 TREATED ALUM INUM sion fees are charged. The fee for the ORWOODFINISHEOFOR annual permit shall be $10 for the calen­ EQUIVALENT LIF E dar year 1971. (b) The annual permit shall admit the purchaser, members of his immediate 112ïINCH WIDE family (spouse and children), and all other persons accompanying the pur­ chaser and/or members of his immediate MUDNITE BLUE PMS 28? family in one private, noncommercial vehicle to Designated Fee Areas com­ monly entered by such vehicles where entrance or admission fees are charged during the period for which the permit is valid. In addition, the annual permit WHITE shall admit the purchaser and/or mem­ bers of his immediate family to Desig­ nated Fee Areas where their means of CQKÛ SCOTCHUTE OR OTHER entry is other than by private, noncom­ •RE81ECTORIZEO PAINT PMS 130 mercial vehicle. (c) “Private, noncommercial vehicle,” MOUNTING HOLES for the purposes of this part, shall in­ clude any passenger car, station wagon, ¿pickup, camper truck, motorcycle, or other motor vehicle which is convention­ MWDNIGHT BLUE PMS 282 ally used for private recreation purposes STOMIE BOLD by a family. {SUGGESTED} § 18.6 Fees for daily permits. DIMENSIONS FOR STANDARD SIGN (a) For those who choose not to pur­ chase the annual permit, there shall be two fees for daily permits charged at Designated Fee Areas where entrance or admission fees are charged: One appli­ cable to those entering by private, non­ commercial vehicle and one applicable to those entering by any other means. (b) The fee for a daily permit appli­ cable to those entering by private, non­ commercial vehicle shall be $1 to $3 per vehicle per day at the discretion of the heads of the administering agencies or departments. The daily permit shall be valid only at the one Designated Fee Area for which it is purchased. The daily per­ mit shall admit, without further pay­ ment, the purchaser and all who accom­ pany him in a private, noncommercial DIMENSIONS FOR OPTIONAL, N M F «SIZE SIGN vehicle for a single visit or series of visits FOR WALK* IN AREAS during its period of validity.

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18378 RULES AND REGULATIONS

(c) The fee for a daily permit charged (5) The contributions of State andditional types of sites, facilities, equip­ at Designated Pee Areas, applicable to local governments and private contribu­ ment, and services not listed below in those entering by any means other than tions to the maintenance and develop­ such amounts as are recommended by the private, noncommercial vehicle shall be ment of the area. Secretary of the Interior. $0.50 to $1.50 per person per day and (c) User fees may be charged for ad- shall be valid only at the one Designated Fee Area for which it is purchased. sites R ange of Usee P ees (d) Any of the permits provided for Camp and trailer sites______$1 to $4 for overnight use. in paragraphs (b) and (c) of this section Picnic sites______lx ___ i____ $0.50 to $1 per site per day. shall be valid for a single visit or series Group camping and picnicking sites_ $0.25 to $0.50 per person per day.1 of visits to the Designated Fee Area for Beat launching sites______;_____ $0.50 to $1.50 per day. which it was purchased during the same ;■1 Heads of administering agencies or departments may select group use rates in lieu of the calendar day for which it was purchased. above “Camp and trailer sites” fee or the above “Picnic sites” fee or both, and may establish In addition, at areas in which overnight a minimum group use charge of at least $3 per day per group without regard to group size use is permitted, such permits shall be or other provisions of this part. valid for departure only until noon of the day following purchase, except as other­ User fees may be charged if the site contains or is within a reasonable distance of wise posted. the following facilities: § 18.7 Validation and display of en­ Camp Boat trance permits. and Picnic launch- Basic facility trailer site ing (a) Every annual permit shall be vali­ site require- site dated by the signature of its owner on the require­ ments require­ face of the permit at the time of its ments ments receipt. (b) All annual and daily permits shall Access and circulatory roads2______... X X X be nontransferable, except that the an­ Parking2______X X X nual permit and daily permits issued D r in k in g water____ .____ X X Toilet facilities______... X X X pursuant to § 18.6(b) may be used by Refuse containers______- X X X members of the purchaser’s immediate Picnic tables2______r. X X family (spouse and children). Firegrates • or fireplaces—. X X Adequate tent or trailer (c) Every permit shall be kept on the spaces______:------— X person of its owner, except that, when­ Boat launching ramps or ever a person enters a Designated Fee facilities__ -___ <------Area by private, noncommercial vehicle, and during the period that the vehicle 2 Except at campsites accessible only by boat. used in such entry remains within the 2 Not applicable to trailer sites. Designated Fee Area, the annual permit Other F acilities and Services or daily permit shall be displayed on the Lakers ______$0.25 per locker daily. sun visor or the dashboard on the left Boat storage" "and handling.— __ — To be established at a daily, weekly, monthly, or side of such vehicle in a manner to be annual rate in accord with the criteria set forth readily visible to persons outside the in this section. vehicle unless a different manner of dis­ Vehicle and trailer parking______To be established at a daily, weekly, or monthly rate play is prescribed by instructions posted in accord with the criteria set forth in this section. at the area. Elevators ______At least $0.10 per person per round trip. § 18.8 User fees. Ferries and other means of transpor- To be established at a rate in accord with the cri- tation. teria set forth in this section. (a) User fees are payable for the use Bathhouses — — ------$0.25 to $0.50 per day per person. of sites, facilities, equipment, or services Swimming pools______- __ - To be established at a daily rate in accord with the provided by the United States, especially criteria set forth in this section. for recreationists in D esig n a ted Fee Overnight shelters______To be established at a daily rate in accord with the Areas which include, but are not limited criteria set forth in this section. to, well-developed c a m p s i t e s , picnic Precut firewood______- ______To be established at a rate in accord with the cri­ areas, bathhouses, lockers, boat-launch­ teria set forth in this section. ing facilities, boats, other marine equip­ Guided tours______- To be established at a rate in accord with the cri­ ment, guide services, elevators, firewood, teria set forth in this section. winter sport facilities, and special pur­ Special purpose vehicles...... At least $1 per individual vehicle permit issued. pose recreational vehicle use privileges. Equipm ent for Rent User fees may be charged at Designated Boats, row___ —______- A minimum of $1 per boat per day or fraction Fee Areas singly, or in addition to en­ thereof. trance or admission fees. Boats, motorized______A minimum of $5 per boat per day or fraction (b) User fees shall be selected from thereof. within the range of fees in accord with the criteria set forth below: § 18.9 Effective dates of fees. (b) The heads of the administering (1) The direct and indirect cost to the agencies and departments shall provide United States of establishing and main­ Effective January 1, 1971, at least one taining the area; for the collection of fees at every Desig­ of the fees provided for in this part shall nated Fee Area. ~ (2) The quality and variety of recrea­ be charged at every Designated Fee tion opportunities offered in the area; Area. § 18.11 Enforcement. (3) The amount charged for admis­ § 18.10 Period for collection of fees. The heads of the administering agen­ sion to or tiie use of comparable State, cies and departments shall use such legal local, and private areas; (a) Fees shall be charged at all means as are at their disposal to collect (4) The impact of the fee on potential Designated Fee Areas on a yearlong basis, except at such times as the heads fees at Designated Fee Areas and to en­ development of other outdoor recreation force the fee regulations in this part. areas and facilities in the locality by of the administering agencies may deter- State and local governments and by pri­ mlne to not be administratively and The Director, Bureau of Outdoor Recrea­ vate investors; economically practical. tion, may issue from time to time to

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 RULES AND REGULATIONS 18379 heads of administering agencies and de­ to the heads of the administering nearly level with deep reddish, silty clay partments, guidelines with respect to agencies and departments, as well as loam. Vegetative cover consists of snake­ enforcement. other concerned parties, instructions weed, mesquite and tobosa grasses. with respect to the production, distribu­ 2. At 10 a.m. on January 2, 1971, the § 18.12 Exceptions, exclusions, and ex­ tion, and sale of permits. emptions. public lands shall be open to operation (b) The Director, Bureau of Outdoor of the public land laws generally, subject In the application of the provisions of Recreation, shall be consulted prior to to valid existing rights, the provisions of this part, the following exceptions, ex­ their issuance, with respect to agency­ existing withdrawals and the require­ clusions, and exemptions shall apply: wide instructions implementing the ments of applicable law. All valid appli­ (a) Nothing contained herein shall au­ regulations in this part. He shall also con­ cations received at or prior to 10 a.m. on thorize Federal hunting or fishing li­ sider recommendations from the heads January 2, 1971, shall be considered as censes or fees; of the agencies and departments admin­ simultaneously filed at that time. Those (b) No fee shall be charged for the istering the Designated Fee Areas for received thereafter shall be considered use of any waters; -revision of §§ 18.2, 18.3, 18.6, 18.8, 18.11, in the order of filing. (c) No fee shall be charged for travel and 18.13 and, based upon justification 3. The public lands have been and by private, noncommercial vehicle over received, make such revisions, interpre­ continue to be open to applications and any National Parkway, any road or high­ tations, and supplements as he deems offers under the mineral leasing laws and way established as part of the national appropriate. to location under the U.S. mining laws Federal-aid system, or any road within Dated: November 25, 1970. for metalliferous minerals. They will be the National Forest System or a public open to location for nonmetalliferous land area, which, although it is part of Walter J. H ickel, minerals at 10 a.m. on January 2,1971. a larger area, is commonly used by the Secretary of the Interior. public as a means of travel between two Inquiries concerning the lands shall places, either or both of which are out­ [F.R. Doc 70-16230; Filed, Dec. 2, 1970; be addressed to the Manager, Land Office, 8:50 a.m.] Bureau of Land Management, Santa Fe, side the area; N. Mex. (d) No fee shall be charged any per­ H arrison Loesch, son in the exercise of a right of access Chapter II— Bureau of Land Manage­ Assistant Secretary of the Interior. to privately owned lands; ment, Department of the Interior (e) No daily entrance or admission N ovember 27,1970. fee shall be charged at any area where APPENDIX— PUBLIC LAND ORDERS [F.R. Doc. 70-16224; Filed, Dec. 2, 1970; more than 50 percent of the land within [Public Land Order 4948] 8:50 a.m.] such area has been donated to the United States by a State, unless the Governor [New Mexico 11734] of such State or his designee has been NEW MEXICO [Public Land Order 4949] advised of such fee at least 60 days prior [Anchorage 5683] to its establishment and unless any rec­ Partial Revocation of Executive Orders ommendation of such Governor and all Nos. 6143, 6276, and 6583 ALASKA legal and other obligations of the United Partial Revocation and Modification States to such State with respect to such By virtue of the authority vested in the areas have been taken into consideration; President and pursuant to Executive of Public Land Order No. 659 of Order No. 10355 of May 26,1952 (17 F.R. August 24, 1950 (f) No fee shall be charged for access 4831), it is ordered as follows: to waters or shorelines by those classes 1. The Executive Orders No. 6143 of By virtue of the authority vested in the of persons which have rights thereto May 23, 1933, No. 6276 of September 8, President and pursuant to Executive under treaty or law; 1933, and No. 6583 of February 3, 1934, Order No. 10355 of May 26,1952 (17 F.R. (g) No fee shall be charged for com­ withdrawing lands to enable the State 4831), and by virtue of the authority con­ mercial or other activities not related to of New Mexico to make exchange selec­ tained in section 4 of the Act of May 24, recreation; or for organized tours or out­ tions as provided by the Act of June 15, 1928, 45 Stat. 729, 49 UJS.C. sec. 214 ings conducted for educational, scien­ 1926, 44 Stat. 746-748, are hereby re­ (1964), it is ordered as follows: tific, and therapeutic purposes by bona voked so far as they affect the following 1. Public Land Order No. 659 of fide institutions established for these described lands: August 24, 1950, which withdrew public purposes. lands for the joint use of the Civil (h) No entrance or admission fee shall New Mexico P rincipal Meridian Aeronautics Administration, Department be charged any person conducting State, T. 19 S., R. 8 W., of Commerce, now the Federal Aviation local, or Federal Government business ; Sec. 18.N14NEV4; Administration, Department of Trans­ Sec. 19, lots 2, 3, 4, Sy2NE}4, SE&NW^, (i) No entrance or admission fee shall Ei/2SW]4, Ni/2SEy4,SWy4SEy4; portation, and the Fish and Wildlife be charged at any entrance to Great Sec. 20, NW]4SW}4, SE&SW&, N^SE]4, Service, now the Bureau of Sport Smoky Mountains National Park unless SW&SE&; Fisheries and Wildlife, Department of such fees are charged at main highway Sec. 21, SW%, Ny2SE& , SE&SEJ4; the Interior, for the Lake Hood Seaplane and thoroughfare entrances; Sec. 22, SW%, W&SE&; Base, is hereby revoked so far as it affects (j) No Federal outdoor recreation fees Sec. 23, Ey2NE&; the following described lands: shall be charged at Designated Fee Areas Sec. 28, NE&, Ny2NW]4, SE&NW^, N% S%,SW%SW%; Seward Meridian requiring such fees for persons who have Sec. 29, Ny2, Ny2s»^; not reached their sixteenth birthday., T. 13 N., R. 4 W., Sec. 30, lots 1, 2, 3, E^NE%, SW&NE^, From the corner common to secs. 26, 27, §18.13 Public notification. Ey2N W ft, N E & SW & , Ny2SE ]4; 34, and 35, T. 13 N., R. 4 W., S.M. running Sec. 31, lotas 1, 2, 3, 4, NE%NE%, E% south 0°3' E., 840 feet along the section line The administering agencies and de­ swy4,sy2SE%; common to sections 34 and 35; thence north partments shall notify the public of the Sec. 33, NWy4NWy4, Sy2NW}4, NW^SW14; 89*21' W., 1,830 feet to a point in the center- specific recreation fees which will be Sec. 35, W ^NEft, WV2. NW&SE^, SE]4 line of a ramp at the edge of Lake Hood, the charged for each Designated Fee Area SE]4. true point of beginning; thence south 0*3' under their respective jurisdictions. Such T.23S., R. 17 W., E„ 285 feet along centerline of the ramp and notification shall be accomplished by Sec. 18, S%NEi4, SE%; the access road to International Airport to a such information at each area Sec. 19,NE^4NE]4; point; thence north 89*21' W., approximately Sec. 20,Ny2Ny2; 290 feet to a point in the west boundary of and by local public announcements, press Sec.21,N%Ny2. releases, and other suitable means. the Lake Hood Seaplane Base established by The areas described aggregate 4,314 PLO 659 of August 24, 1950 (15 F.R. 5912); § 18.14 Production, distribution, and acres of which 3,714 acres are privately thence north 0*3' W., approximately 285 feet sale of permits and revision or inter­ along the west boundary of the seaplane pretatimi of this part. owned in Hidalgo and Sierra Counties. base to a point on the shore of Lake Hood; The public lands described in T. 23 thence south 89*21' E., approximately 290 (a) The Director, Bureau of Outdoor S., R. 17 W., are located about 6 miles feet along the shore of Lake Hood to the point recreation, shall issue from time to time southeast of Lordsburg. Topography is of beginning.

No. 234----- 3 FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18380 RULES AND REGULATIONS

Containing approximately 1.90 acres. [Public Land Order 4951] ments of applicable law. All valid ap­ The land described above was con­ [Idaho 3209,3288] plications received at or prior to 10 a.m. veyed to the State of Alaska on Novem­ on January 2, 1971, shall be considered ber 30, 1964, pursuant to section 6(e) IDAHO as simultaneously filed at that time. of the Alaska Statehood Act of July 7, Partial Revocation of Reclamation Those received thereafter shall be con­ sidered in the order of filing. These lands 1958, 72 Stat. 339. Project Withdrawals 2. Public Land Order No. 659 of Au­ have been and continue to be open to the gust 24, 1950, is hereby amended so that By virtue of the authority contained filing of applications and offers under the following described area is reserved in section 3 of the Act of June 17, 1902, the mineral leasing laws. under sole jurisdiction of the Bureau of 32 Stat. 388, as amended and supple­ Inquiries concerning the lands should Sport Fisheries and Wildlife, Department mented, 43 U.S.C. sec. 416 (1964), it is be addressed to the Manager, Land Of­ of the Interior, for use as the Lake Hood ordered as follows: fice, Bureau of Land Management, Boise, Seaplane Base: 1. The departmental orders of No­ Idaho. Harrison Loesch, Seward Meridian vember 17, 1902, March 21, 1907, and October 7, 1908, and July 5, 1921, and Assistant Secretary of the Interior. T. 13 N., R. 4 W.f any other orders withdrawing lands for November 27,1970. In sec. 34, beginning at the southeast the Minidoka Project, are hereby re­ corner of lot 7, as shown on the supplemented [F.R. Doc. 70-16226; Filed, Dec. 2, 1970; plat of survey approved July 5, 1960 (for­ voked so far as they affect the following 8:50 a.m.] merly lot 1), thence by metes and bounds, described lands: south 132 feet; west 792 feet; north 924 feet; Boise Meridian [Public Land Order 4952] east 792 feet; south 792 feet, to the point of beginning; excepting the land conveyed to T. 7 S., R. 18 E., [Sacramento 3527] the State of Alaska described in paragraph Sec. 16. 1 above. T. 8 S., R. 26 E., CALIFORNIA Sec. 4, lots 1 to 4, inclusive, S N ^ , Ny2 Containing approximately 10.04 acres SW%, SE]4SW^4, SE%; Withdrawal for National Forest of land area and approximately 4.86 Sec. 5, lots 1 to 4, inclusive, S^N ^, NE*4 Recreation Areas acres of water area. SW&.N&SEi/i; Sec. 9, NE*4, N]/2NWy4, SW%NW%. WV2 By virtue of the authority vested teethe 3. The amendment made by this order SW&.N^SE^; President and pursuant to Executive Or­ does not otherwise serve to change the der No. 10355 of May 26, 1952 (17 F.R. status of the lands described above in Sec! 25!ni/2S i/2. 4831), it is ordered as follows: paragraph 2 as withdrawn by Public T. 9 S., R. 27 E., 1. Subject to valid existing rights, the Land Order No. 659. Sec. 9, E%SE]4; Sec. 15,Ny2S%; following described national forest lands Harrison Loesch, Sec. 24, W^NWi/4. are hereby withdrawn from appropria­ Assistant Secretary of the Interior. T. 4 S., R. 33 E., tion under the mining laws (30 UJS.C., Sec. 30, SE%NW%. Ch. 2), but not from leasing under the N ovember 27, .1970. mineral leasing laws, in aid of programs [F.R. Doc. 70-16203; Filed, Dec. 2, 1970; The areas described aggregate 3,354.76 of the Department of Agriculture: 8:48 am .] •acres in Jerome, Blaine, Cassia, and Bingham Counties, of which 400 acres K lamath National F orest are public lands withdrawn for the Mini­ MOUNT DIABLO MERIDIAN [Public Land Order 4950] doka National Wildlife Refuge, 1,194.76 Shadow Creek Camping Site [New Mexico 9508] acres are patented lands, and 1,280 acres T. 39 N., R. 11 W., are State-owned lands. The remainder, Sec. 36, that portion lying above the junc­ NEW MEXICO which are described as follows, are un­ tion of Shadow Creek and the East Fork reserved public lands: of the South Fork of the Salmon River Withdrawal for Pecos River Basin and to Forest Highway 93. Boise Meridian Water Salvage Project Humbolt Meridian T. 8 S., R. 26 E., By virtue of the authority contained Sec.4,NW[4SWV4, SKfcBEfc; Hotelling Gulch Camping Site in section 3 of the Act of June 17,1902, 32 Sec. 5, lot 4, SW&NW1/4; T. 10 N., R. 8 E., Stat. 388, as amended and supplemented, Sec. 9, NE14NE14, Sy2NEi4, Ni/2SE^. sec. 28, Sy2NE[4 lot 5, NW&SE14 lot 6- 43 U.S.C. sec. 416 (1964), it is ordered as T. 9 S., R. 27 E., The areas described contain approxi­ follows: Sec. 9, Ey2SEy4. T. 4 S., R. 33 E., mately 21 acres in Siskiyou County. Subject to valid existing rights, the Sec. 30, SE]4NW>4. 2. The withdrawal made by this order following described public lands which does not alter the applicability of those are under the jurisdiction of the Secre­ The areas described aggregate 440 acres public land laws governing the use of the tary of the Interior, are hereby with­ in Blaine County, and 40 acres in Bing­ national forest lands under lease, li­ drawn from all forms of appropriation ham County. cense, or permit, or governing the dis­ The lands in Blaine County are located under the public land laws, including the posal of their mineral or vegetative re­ from 3 to 12 miles east of Minidoka, sources other than under the mining laws. mining laws (30 U.S.C., Ch. 2), but not Idaho. Their surface is extremely rough from leasing under the mineral leasing and rolling with numerous rock outcrops. Harrison Loesch, laws, and reserved for the Pecos River Vegetation is sagebrush and cheatgrass. Assistant Secretary of the Interior. Basin Water Salvage Project, New The land in Bingham County is located N ovember 27, 1970. Mexico: about 2V2 miles from Springfield, Idaho. [FJR. Doc. 70-16204; Filed, Dec. 2, 1970; The surface is rolling with scattered rock 8:48 a.m.] New Mexico P rincipal Meridian outcrops. Soils are silt loam. Vegetation T. 21 S., R. 27 E., is sagebrush, cheatgrass, and grease- [Public Land Order 4953] Sec. 33, SW%SE^NE>4. wood. [Nevada 051787] The area described aggregates 10 acres 2. At 10 a.m. on January 2, 1971, the in Eddy County. unreserved public lands described above NEVADA H arrison Loesch, will be open to the operation of the public Assistant Secretary of the Interior. land laws generally, including location Revocation of Air Navigation Site Withdrawal N ovember 27, 1970. under the UJS. mining laws, subject to By virtue of the authority contained [F.R. Doc. 70-16225; Filed, Dec. 2, 1970; valid existing rights, the provisions of 8:50 am.] existing withdrawals, and the require­ in section 4 of the Act of May 24, 19*°»

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER -3, 1970 RULES AND REGULATIONS 18381

45 Stat. 729, 49 U.S.C. sec. 214 (1964), The area described contains 320 acres Willamette Meridian it is ordered as follows: in Adams County. UMPQUA NATIONAL FOREST 1. The departmental order of Oc­ 2. The order of the Bureau of Recla­ T. 26 S., R.. 5 E. (unsurveyed), tober 13, 1950, withdrawing the follow­ mation of June 13, 1947, concurred in by a h lands within one-fourth mile of North ing described public land as Air Naviga­ the Bureau of Land Management on Uinpqua River and Lake Creek not pre­ tion Site Withdrawal No. 266, is hereby June 18,1947, withdrawing lands for the viously withdrawn in connection with a revoked: Columbia Basin Project, is hereby re­ Federal waterpower project. Protraction voked so far as it affects the following of public land surveys indicates that the Mount Diablo Meridian lands described above, when surveyed, described lands: will be wholly within sees. 6, 11, 12, 13, T. 23 S., R. 59 E., Willamette Meridian Sec. 81, NWy4SE%SWV4SW%. 14, 24, 25, 36. T. 27 S., R. 5 E. (unsurveyed), T. 24 S., R. 59 E., T. 16 N., R. 28 E., All lands within one-fourth mile of Lake Sec. 5, NWV4SW%SE%NW%. Sec. 14, S%. Creek and all lands within one-fourth T. 10 N., R. 31 E., mile of Clearwater River below the The areas described aggregate 5 acres Sec. 2; in Clark County. mouth of Lava Creek. Protraction of Sec. 4, lots 1 and 2, S%NE%; public land surveys Indicates that the The land is located southwest of Las Sec. 8, W%E%; lands described above, when surveyed, Vegas, near Goodsprings, Nev. Topog­ Secs. 10,12,14,22,24. will be wholly within secs. 1, 5, 6, 7, 8, 12, raphy is rough and rocky. T. 11N..R. 31 E., Sec. 20; 13, 24, 25. 2. At 10 a.m. on January 2, 1971, the Sec. 22, SW‘/4; T. 26 S., R. 6 E. (unsurveyed), land shall be open to operation of the All lands within one-fourth mile of Lake Secs. 24, 26,28; Creek, and all lands within one-fourth public land laws generally, including the Sec. 30, NE%; mile of North Umpqua River. Protraction mining laws, subject to valid existing Sec. 32, N%, SE%; of public land surveys indicates that the rights, the provisions of existing with­ Sec. 34. lands described above, when surveyed, drawals, and the requirements of appli­ T. 10 N., R. 32 E., will be wholly within secs. 14, 15, 16, 17, cable law. All valid applications received Secs. 6,8,18. 18,19,20, 30,31. at or prior to 10 a.m. on January 2, 1971, T. 11 N., R. 32 E., T. 27 S., R. 6 E. (partially surveyed), Sec. 20, sy2NE%, NW%, S%; All lands within one-fourth mile of Lake shall be considered as simultaneously Secs. 28, 30,32. filed at that time. Those received there­ Creek. Protraction of public land surveys after shall be considered in the order of The areas described aggregate 12,783.93 indicates that the lands described above, acres in Adams and Franklin Counties. when surveyed, will be wholly within filing. The land has been and continues secs. 6, 7, 18, 19; and, by Interpretation to be open to applications and offers 3. At 10 a.m. on January 2, 1971, the No. 105 of March 3, 1928, sec. 30, lots 1 under the mineral leasing laws. lands, except the SVfe sec. 14, T. 16 N., R. to 5, inclusive, wy2E%, Ey2NW%, NE% Inquiries concerning the land should 28 E., withdrawn by paragraph 1 of this SW%; sec. 31, lots 1, 2, 3. be addressed to the Manager, Land Of­ order, shall be open to operation of the public land laws, including the UJS. min­ The areas described aggregate ap­ fice, Bureau of Land Management, Reno, proximately 8,356.12 acres in Douglas Nev. ing laws, subject to valid existing rights the provisions of existing withdrawals, County. H arrison Loesch, 2. At 10 a.m. on January 2, 1971, the Assistant Secretary of the Interior. and the requirements of applicable law. All valid applications received at or prior lands shall be open to such forms of November 27,1970. to 10 a.m. on January 2, 1971, shall be disposition as may by law be made of [P.R. Doc. 70-16205; Filed, Dec. 2, 1970; considered as simultaneously filed at national forest lands, subject to the with­ 8:48 a.m.] that time. Those received thereafter shall drawal of any of the lands that might be considered in the order of filing. The be embraced in an application filed for a lands have been and continue to be open license for Power Project No. 1927. [Public Land Order 4954] to applications and offers under the Harrison Loesch, [Oregon 4179, 3747 (Wash.)] mineral leasing laws. Assistant Secretary of the Interior. Inquiries concerning the lands should WASHINGTON be addressed to the Chief, Division of N ovember 27, 1970. Lands and Minerals Program Manage­ [F.R. Doc. 70-16206; Filed, Dec. 2, 1970; Withdrawal for Addition to Columbia 8:48 a.m.] National Wildlife Refuge; Partial ment and Land Office, Bureau of Land Management, Portland, Oreg. Revocation of Reclamation With­ [Public Land Order 4956] drawal H arrison Loesch, [Sacramento 1212] Assistant Secretary of the Interior. By virtue of the authority vested in the CALIFORNIA President and pursuant to Executive N ovember 27,1970. - Order No. 10355 of May 26, 1952 (17 F.R. [F.R. Doc. 70-16227; Filed, Dec. 2, 1970; Powersite Cancellation No. 293; Par­ 4831), and by virtue of the authority 8:50 a.m.] tial Cancellation of Powersite Clas­ contained in section 3 of the Act of sification No. 179; Opening of Land June 17, 1902, 32 Stat. 388, as amended Subject to Section 24 of the Federal and supplemented, 43 U.S.C. sec. 416 [Public Land Order 4955] (1964), it is ordered as follows: [Oregon 3414] Power Act By virtue of the authority contained in 1. Subject to valid existing rights, the OREGON following described public land which is the Act of March 3, 1879, 20 Stat. 394, under the jurisdiction of the Secretary Powersite Cancellation No. 269; Par­ 43 U.S.C. sec. 31, and in section 24 of the of the Interior, is hereby withdrawn from tial Cancellation of Powersite Clas­ Act of June 10, 1920, 41 Stat. 1075, as amended, 16 U.S.C. sec. 818 (1964), and all forms of appropriation under the sification No. 162 public land laws, including the mining pursuant to a determination of the Federal Power Commission in DA-1084- laws (30 U.S.C., Ch. 2), but not from By virtue of the authority contained in section 24 of the Act of June 10,1920, 41 Califomia, it is ordered as follows: leasing under the mineral leasing laws, Stat. 1075, as amended, 16 U.S.C. sec. 818 1. The departmental order of May 13, and reserved as an addition to, and for (1964), and pursuant to the determina­ 1927, creating Powersite Classification use in conjunction with those lands with­ tion of the Federal Power Commission in No. 3:79 is hereby canceled in so far as drawn by Public Land Order No. 243 of it pertains to the following described DA-538-Oregon, it is ordered as follows: lands: September 6,1944, for the Columbia Na­ 1. The departmental order of Janu­ Mount Diablo Meridian tional Wildlife Refuge: ary 20, 1927, creating Powersite Classifi­ rp OO TJ P Q P Willamette Meridian cation No. 162, Oregon No. 16, is hereby sea 32, N%Ny2NW%SW%. T- 18 N., R. 28 E., canceled so far as it affects the following- The area described contains approxi­ See. 14,8%. described lands: mately 10 acres in Butte County. FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18382 RULES AND REGULATIONS

2. In DA-1084-Califomia, the Federal Order No. 10355 of May 26, 1952^ (17 F.R. (Secs. 831-835, title .18. United States Code; Power Commission vacated the with­ 4831), it is ordered as follows: sec. 9, Department of Transportation Act (49 U.S.C. 1657)) drawals created pursuant to the filing of 1. Subject to valid existing rights, the applications on September 14, 1921, and following described national forest lands Issued in Washington, D.C., on No­ July 20, 1925, for Power Project No. 249, are hereby withdrawn from appropria­ vember 27,1970. so far as they pertain to the following tion under the mining laws (30 U.S.C., C. R. B ender, described lands: Ch. 2), but not from leasing under the Admiral, U.S. Coast Guard, M o u n t D ia b l o M e r id ia n mineral leasing laws, in aid of programs Commandant. T. 22 N„ R. 9 E., t of the Department of Agriculture: Carl V. Lyon, Sec. 31, NEi4SE^4. M o u n t D ia b l o M e r id ia n Acting Administrator, Federal Railroad Administration. The area described contains approxi­ LOS PADRES NATIONAL FOREST mately 40 acres in Butte County. Cuesta Ridge Botanical Area K enneth L. P ierson, 3. The Federal Power Commission Acting Director, Bureau of Mo­ T. 29 S., R. 12 E., tor Carrier Safety, Federal also determined in DA-1084-California, Sec. 26, SftSW%; that the power values of the lands de­ Sec. 27, lots 3, 4, 5, and 7 to 14 inclusive; Highway Administration. scribed above in paragraphs 1 and 2 and Sec. 28, Sy2NE% and SE%; S am S chneider, the following described lands, all of Sec. 34, lots 1, 2, 7, 8, and 9; Board Member, for the which are withdrawn for Power Project Sec. 35, Wy2NEi/4, NWy4, and N&SWV4. Federal Aviation Administration. No. 2088, would not be injured or de­ The areas described contain approxi­ [F.R. Doc. 70-16201; Filed, Dec. 2, 1970; stroyed for power purposes by location, mately 1,334 acres in San Luis Obispo 8:48 a.m.] entry, or selection, under the public land County. laws subject to section 24 of the Federal Power Act and subject to the inclusion 2. The withdrawal made by this order in any instrument of conveyance of a does not alter the applicability of those covenant binding upon the patentee, its public land laws governing the use of Title 7— AGRICULTURE successors or assigns, providing that the the national forest lands under lease, license, or permit, or governing the dis­ Subtitle A— Office of the Secretary use of the land will not endanger health, of Agriculture create a nuisance or otherwise be in­ posal of their mineral or vegetative re­ compatible to the overall operation of sources other than under the mining PART 15— NONDISCRIMINATION Power Project No. 2088: laws. Harrison Loesch, Sub part A— Nondiscrimination in M o u n t D ia b l o M e r id ia n Assistant Secretary of the Interior. Federally Assisted Programs of the T. 20 N., R. 8 E., N ovember 27, 1970. Department of Agriculture— Effec­ Sec. 16, SW y4 NW V4 sw % sw »4 sw 14, swy4 swy4sw^sw^. [F.R. Doc. 70-16228; Filed, Dec. 2, 1970; tuation of Title VI of the Civil Rights 8:50 a.m.] Act of 1964 The area described contains approxi­ mately 3 acres in Butte County. M iscellaneous Amendments 4. At 10 a.m. on January 2, 1971, the The following amendments to 7 CFR, land described in paragraphs 1, 2, and Title 49— TRANSPORTATION Subtitle A, Part 15, Subpart A, primarily 3, of this order shall be open to such represent uniform revisions being jointly forms of disposition as may by law be Chapter I— Hazardous Materials Reg­ adopted by the various departments and made of national forest lands, subject agencies of the United States Govern­ to the provisions of existing withdrawals ulations Board, Department of Transportation ment to put into effect clarifications to and any disposal of the lands described the regulations issued pursuant to title herein shall be subject to the provisions [Docket No. HM-22; Arndt. 171-9] VI of the Civil Rights Act of 1964. of section 24 of the Federal Power Act, PART 171— GENERAL INFORMATION Title 7, CFR, Subtitle A, Part 15, Sub­ supra, and to the conditions specified by part A, is hereby amended as follows: the Federal Power Commission in its AND REGULATIONS § 15.1 [Amended] DA-1084-Califomia. Matter Incorporated by Reference All of the lands described aggregating 1. Section 15.1(a) is amended by in­ approximately 53 acres, are in the The purpose of this amendment to the serting the language “of an applicant or Plumas National Forest and are with­ Hazardous Materials Regulations of the recipient” immediately following the drawn from location and entry under Department of Transportation is to words “under any program or activity” the U.S. mining laws, by Public Land make current the address of the Bureau so that the phrase reads “under any pro­ Order No. 3065 of May 6, 1963, and Pub­ of Explosives, Association of American gram or activity of an applicant or re­ lic Land Order No. 4496 of July 15, 1968, Railroads. - cipient receiving Federal financial assist­ in the Little Grass Valley Reservoir Rec­ Since this amendment is of an in­ ance from the Department of Agriculture reation Area and the Lost Creek Recrea­ formative nature and does not impose a or any Agency thereof.” tion Area. burden on any person, notice and public 2. Section 15.1(b) is amended to read Inquiries concerning the lands should procedure thereon are unnecessary. as follows: be addressed to the Manager, Land Of­ Therefore, this amendment is effective (b) The regulations in this part apply fice, Bureau of Land Management, Sac­ on the date of its publication in the to any program or activity of an appli­ ramento, Calif. F ederal R egister. cant or recipient for which Federal H arrison Loesch, In consideration of the foregoing, 49 financial assistance is authorized under Assistant Secretary of the Interior. CFR Part 171 is amended as follows: a law administered by the Department N ovember 27, 1970. In § 171.7, paragraph (c) (4) is including, but not limited to, the Federal financial assistance listed in the appen­ [F.R. Doc. 70-16207; Filed, Dec. 2, 1970; amended to read as follows : 8:48 a.m.] dix to this part. They apply to money § 171.7 Mailer incorporated by refer­ paid, property transferred, or other Fed­ [Public Land Order 4957] ence. eral financial assistance extended to an [Sacramento 3741] * « * * * ance by way of insurance or guaranty

FEDERAL REGISTER, YOl. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 RULES AND REGULATIONS 18383 contract, (2) money paid, property trans­ applicant or recipient receiving Federal ance that the applicant’s program or ac­ ferred, or other assistance extended prior financial assistance shall be deemed to tivity will be conducted or the facility to the effective date of the regulations include any and all services, financial aid, operated in compliance with all require­ in this part, (3) any assistance to an ap­ or other benefit provided in or through a ments imposed by or pursuant to the act plicant or recipient who is an ultimate facility provided or improved in whole and the regulations in this part. In the beneficiary under any such program, or or part with the aid of Federal financial case where the Federal financial assist­ (4) except as provided in § 15.3(c), any assistance. ance is to provide or is in the form of employment practice of any employer, 7. Section 15.3(b) is further amended personal property, or real property, or employment agency or labor organiza­ by adding the following new subpara­ interest therein, or structures thereon, tion. The fact that a specific kind of graph (6) at the end thereof: the assurance shall obligate the recipi­ Federal financial assistance is not listed (6) The regulations in this part do notent, or, in the case of a subsequent trans­ in the appendix, shall not mean, if title prohibit the consideration of race, color, fer, the transferee, for the period dining VI of the Act is otherwise applicable, or national origin if the purpose and which the property is used for the pur­ that such Federal financial assistance is effect are to remove or overcome the con­ pose for which the Federal financial as­ not covered. Other Federal financial as­ séquences of practices or impediments sistance is extended or for another sistance under statutes now in force or which have restricted the availability of, purpose involving the provision of hereinafter enacted may be added to this or participation in, the program or ac­ similar services and benefits, or for as list by notice approved and issued by the tivity of the applicant or recipient re­ long as the recipient retains ownership Secretary and published in the F ederal ceiving Federal financial assistance, on or possession of the property, whichever Register. the grounds of race, color, or national is longer. In all other cases, the assur­ 3. Section 15.2 (b) and (d) are origin. Where previous discriminatory ance shall obligate the recipient for the amended to read as follows: practice or usage tends, on the grounds period during which Federal financial of race, color, or national origin, to ex­ assistance is extended pursuant to the § 15.2 Definitions. application. The Agency shall specify * * ♦ * * clude individuals from participation in, to deny them the benefits of, or to sub­ the form of the foregoing assurances and (b) “Agency“ means any service, bu­ject them to discrimination under any the extent to which like assurances will reau, agency, office, administration, in­ program or activity of the applicant or be required of subgrantees, contractors, strumentality of or corporation within recipient to which the regulations in this and subcontractors, successors in interest the U.S. Department of Agriculture ex­ part apply, the applicant or recipient has and other participants. Any such as­ tending Federal financial assistance to an obligation to take reasonable action to surance shall include provisions which any program or activity, or any officer or remove or overcome the consequences of give the United States a right to seek employee of the Department to whom the the prior discriminatory practice or us­ its judicial enforcement. Secretary delegates authority to carry age, and to accomplish the purposes of (2) In the case of real property, struc­ out any of the functions or responsibili­ the Act and the regulations in this part. tures or improvements thereon, or inter­ ties of an agency under this part. 8. Section 15.3(c) is amended by add­ ests therein, which was acquired through * * # * * ing the following at the end thereof: Federal financial assistance, or in the (d) “Hearing Officer” means a hearing “Where a primary objective of the Fed­ case where Federal financial assistance examiner appointed pursuant to 5 U.S.C. eral financial assistance is not to provide is provided in the form of a transfer of 3105, and designated to hold hearings employment, but discrimination on the real property or interest therein from the under the regulations in this part or any grounds of race, color, or national origin Federal Government, the instrument ef­ person authorized to hold a hearing and in the employment practices of the re­ fecting or recording the transfer shall make a final decision under the regula­ cipient or other persons subject to the contain a covenant running with the tions in this part. regulations in this part, tends, on the land assuring nondiscrimination for the grounds of race, color, or national origin, period during which the real property * * * * * is used for a purpose for which the Fed­ § 15.3 [Amended] to exclude individuals from participation in, to deny them the benefits of, or to eral financial assistance is extended or 4. Section 15.3(a) is amended by in­ subject them to discrimination under any for another purpose involving the pro­ serting the language “or activity of the program or activity of the applicant or vision or similar services or benefits, or applicant or recipient” immediately fol­ recipient to which the regulations in this for as long as the recipient retains owner­ lowing the language “under any pro­ part apply, the foregoing provisions of ship or possession of the property, which gram” so that the phrase reads “under this paragraph shall apply to the em­ ever is longer. Where no transfer of any program or activity* of the applicant ployment practices of the recipient or property is involved, but property is im­ or recipient to which the regulations in other persons subject to the regulations proved through Federal financial assist­ this part apply.” in this part, to-the extent necessary to ance, the recipient shall agree to include 5. Section 15.3(b) is amended by in­ assure equality of opportunity to, and such a covenant in any subsequent trans­ serting a new subparagraph (3) reading nondiscriminatory treatment of, bene­ fer of such property.-Where the property as follows: ficiaries. The requirements applicable to is obtained from the Federal Govern­ (3) in determining the site or loca­construction employment under any pro­ ment, such covenant may also include tion of facilities, an applicant or recipi­ gram or activity of the applicant or re­ a condition coupled with a right to be ent may not make selections with the cipient shall be those specified in or reserved by the Agency to revert title to purpose or effect of excluding individuals pursuant to Part HI of Executive Order the property in the event of a breach of from, denying them the benefits of, or 11246 or any Executive order which su­ the covenant where, in the discretion of subjecting them to discrimination under persedes it.” the Agency concerned, such a condition any of its activities or programs to which and right of reverter is appropriate to the the regulations in this part apply, on § 15.4 [Amended] purposes of the Federal financial assist­ the grounds of race, color, or national 9. Section 15.4(a) (1) and (2) is ance under which the real property is origin; or with the purpose or effect of amended to read as follows: obtained and to the nature of the grant defeating or substantially impairing the (a) General. (1) Every application forand the grantee. In such event, if a accomplishment of the objectives of the Federal financial assistance to carry out transferee of real property proposes to Act and the regulations in this part. a program to which the regulations in mortgage or otherwise encumber the real 6- Tn § 15.3(b), the present subpara­ this part apply, except a program to property as security for financing con­ graphs (3) and (4) are renumbered (4) which paragraph (b) of this section ap­ struction of new, or improvement of ex­ ho j resP6ctively, and the renum- plies, and every application for Federal isting, facilities on suçh property for the subparagraph (4) is amended to financial assistance to provide a facility, purposes for which the property was read as follows: shall as a condition to its approval and transferred, the Agency may agree, upon , As used in this section, the serv- the extension of any Federal financial request of the transferee and if necessary ^ .fin a n cia l aid, or other benefits pro- assistance pursuant to the application, to accomplish such financing, and upon viaea under a program or activity of an contain or be accompanied by an assur­ such conditions as it deems appropriate,

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18384 RULES AND REGULATIONS to forbear the exercise of such right to ments of § 15.4(e), and is otherwise in tation of meat in excess of 36.3 million revert title for so long as the lien of such compliance with the Act and the regu­ pounds from Costa Rica during the cal­ mortgage or other encumbrance remains lations in this part. endar year 1970. This regulation is is­ effective. (2) Any applicant òr recipient ad­ sued with the concurrence of the Secre­ 10. Section 15.4(b) is amended to read versely affected by an order entered pur­ tary of State and the Special Repre­ as follows: suant to paragraph (f) of this , section sentative for Trade Negotiations to (b) Every application by a State or amay at any time request thè Secretary carry out a bilateral agreement nego­ State Agency, including a State Exten­ to restore fully its eligibility to receive tiated with the Government of Costa sion Service, but not including an appli­ Federal financial assistance. Any such Rica pursuant to section 204 of the Agri­ cation for aid to an institution of higher request shall be supported by informa­ cultural Act of 1956, as amended (7 education, to carry out its program or tion showing that the applicant or re­ U.S.C. 1854). Since the action taken here­ activity involving continuing Federal fi­ cipient has met the requirements of sub- with has been determined to involve for­ nancial assistance to which the regula­ paragraph (1) of this paragraph. If the eign affairs functions of the United tions in this part apply shall as a con­ Secretary determines that those require­ States, this amendment and the request dition to its approval and the extension ments have been satisfied, he shall re­ to the Commissioner of Customs, being of any Federal financial assistance pur­ store such eligibility. necessary to the implementation of such suant to the application (1) contain or (3) If the Secretary denies any such action, fall within the foreign affairs ex­ be accompanied by a statement that the request, the applicant or recipient may ception to the notice and effective date program is (or, in the case of a new submit a request for a hearing in writing, provision of 5 U.S.C. 553 (Supp. V, 1970). program, will be) conducted in compli­ specifying why it believes the denial to The subpart, Section 204 Import Regu­ ance with all requirements imposed by have been in error. It shall thereupon lations of Part 20, Subtitle A of Title 7 or pursuant to this part, and (2) provide be given an expeditious hearing, with a (35 F.R. 10837, 11613,16398) is amended or be accompanied by provision for such decision on the record, in accordance by adding to § 20.3 the following new methods of administration for the pro­ with rules of procedure set forth in Sub­ paragraph; gram as are found by the Agency to give part C of this part. The applicant or re­ § 20.3 Restrictions. reasonable assurance that the applicant cipient will be restored to such eligibility ***** and all recipients of Federal financial if it proves at such a hearing, that it has assistance under such program will com­ satisfied the requirements of subpara­ (d) Imports from Costa Rica. No more ply with all requirements imposed by or graph (1) of this paragraph. While pro­ than 36.3 million pounds of meat which pursuant to the regulations in this part: ceedings under this paragraph are pend­ is the product of Costa Rica may be Provided, That where mo application is ing, the sanctions imposed by the order entered, or withdrawn from warehouse, required prior to payment, the State or issued under paragraph (f) of this sec­ for consumption in the United States State Agency, including a State Exten­ tion shall remain in effect. during the calendar year 1970. Appendix D hereto sets forth a letter to the Com­ sion Service, shall, as a condition to the § 15.12 [Amended] extension of any Federal financial assist­ missioner of Customs concurred in by the ance, submit an assurance complying 14. Section 15.12(a) is amended by Secretary of State and Special Repre­ with the requirements of subparagraphs substituting for the language “(1) Ex­ sentative for Trade Negotiations request­ (1) and (2) of this paragraph. ecutive Orders 10925 and 11114”'where ing this limitation be placed in effect. 11. Section 15.4(e) is amended by sub­ such language appears, the language Effective date. The regulation con­ stituting for the language “U.S. Commis­ “(1) Executive Order 11246”. tained in the amendment shall become sioner of Education” and “Commis­ 15. Section 15.12(c) is amended by adding the following new sentence at the effective upon publication in the Fed­ sioner”, where said language appears, the eral R egister but meat released under language “responsible official of the De­ end thereof: “Any action taken, deter­ the provisions of section 448(b) of the partment of Health, Education, and mination made, or requirement imposed Tariff Act of 1930 (19 U.S.C. 1448(b)) Welfare”, and by inserting the phrase by an official of another Department or Agency acting under this paragraph prior to such date shall not be denied “within the earliest practical time” im­ entry. mediately following the language “deter­ shall have the same effect as though such action had been taken by the Secretary (Sec. 204, Agricultural Act of 1956, as mines is adequate to accomplish the pur­ amended (7 U.S.C. 1854); E.O. 11539) poses of the Act and this part” in the or an Agency of this Department.” first sentence. 16. The introductory heading of the Issued at Washington, D.C., this 1st appendix to the regulations in this part day of December 1970. § 15.9 [Amended] is revised to read as follows: “Federal J. Phil Campbell, 12. Section 15.9(d) is amended by sub­ Financial Assistance of the Department Acting Secretary of Agriculture. stituting for the language “Sections 5-8 of Agriculture Covered by Title VI of of the Administrative Procedure Act”, the Civil Rights Act of 1964”. Appendix D where said language appears, the lan­ (Sec. 602, 78 Stat. 252, 42 U.S.C. 2000d, and Honorable Myles J. Ambrose, guage “5 U.S.C. 554-557”. the laws referred to in the appendix) Commissioner of Customs, 13. Section 15.10 is amended by,adding Department of the Treasury, the following new paragraph (g) at the Effective date. This amendment shall Washington, D.C. 20220. end thereof: become effective on the date of its publi­ Dear Mr. Ambrose: A bilateral agreement cation in the F ederal R egister. has been negotiated with the Government § 15.10 Decisions and notices. Approved: November 28, 1970. of Costa Rica pursuant to section 204 of the * * * * * Agricultural Act of 1956, limiting the expo« (g) Post termination proceedings. (1) Clifford M. H ardin, from Costa Rica and the importation into Secretary of Agriculture. the United States of fresh, chilled, or froze An applicant or recipient adversely af­ cattle meat (item 106.10 of the Tariff Schea- fected by an order issued under para­ [F.R. Doc. 70-16234;- Filed, Dec. 2, 1970; ules of the United States) and fresh, chiliea, graph (f) of this section shall be restored 8:50 a.m.] or frozen meat of goats and sheep, exceP to full eligibility to receive Federal fi­ lambs (item 106.20 of the Tariff Schedules nancial assistance if it satisfies the terms [Arndt. 3] the United States), during the calendar ye and conditions of that order for such 1970. In accordance with the authority de * eligibility or if it brings itself into com­ PART 20— LIMITATION ON gated by E.O. 11539, dated June 30, 1970, tne pliance with the Act and the regulations IMPORTS OF MEAT Secretary of Agriculture is, with the concur in this part and provides reasonable as­ rence of the Secretary of State and surance that it will fully comply there­ Subpart— Section 204 Import Special Representative for Trade Regulations tions, issuing a regulation to assist in ca y with. An elementary or secondary school ing out this bilateral agreement. or school system which is unable to file R estriction on Importation of Meat This regulation provides that no more wi an assurance of compliance with § 15.4 F rom Costa R ica 36.3 million pounds of meat of the adov (a), (b), or (d) shall be restored to full description, the product of Costa Itica- _ eligibility to receive Federal financial as­ Section 20.3 is amended by adding a be entered, or withdrawn from waren > sistance if it complies with the require­ new paragraph prohibiting the impor­ for consumption in the United States du

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 RULES AND REGULATIONS 18385 the calendar year 1970. This regulation will In addition to the deletion of Boston tween the date when information upon constitute amendment 3 to the section 204 from the list of approved entry ports, which this section is based became avail­ Import Regulation (35 F.R. 10837, 11613, the ports of Baltimore, Md., Los Angeles, able and the time when this section must 16398). A copy of this regulation, which will Calif., New Orleans, La., New York, N.Y., become effective in order to effectuate be published in the F ederal R egister, la Norfolk, Va., San Juan, P.R., San Fran­ the declared policy of the act is insuf­ enclosed. In accordance with E.O. 11539, you are re­ cisco, Calif, and Seattle, Wash, are re­ ficient, and a reasonable time is per­ quested to take such action as is necessary moved. Under present § 319.56-2, the au­ mitted, under the circumstances, for to implement this regulation. This request thorized ports of entry are named in the preparation for such effective time; and is made with the concurrence of the Secre­ permit and permits to import garlic from good cause exists for making the provi­ tary of State and the Special Representative the specified countries are issued only for sions hereof effective as hereinafter set for Trade Negotiations. ports where vacuum fumigation facili­ forth. The committee held an open meet­ Sincerely, ties are available. ing during the current week, after giving R aymond A. I oanes, Commercial treatment facilities are due notice thereof, to consider supply and Administrator, subject to change and cessation of opera­ market conditions for Navel oranges and Foreign Agricultural Service. tion from time to time. Since the specific the need for regulation; interested per­ [F.R. Doc. 70-16291; Filed, Dec. 2, 1970; ports of entry are named in each permit sons were afforded an opportunity to sub­ 8:52 a.m.] under existing provisions, the naming mit information and views at this meet­ of the ports in these instructions is ing; the recommendation and supporting unnecessary. information for regulation during the Chapter III—-Agricultural Research This amendment does not involve any period specified herein were promptly Service, Department of Agriculture substantive change in the effect of the submitted to the Department after such regulations; therefore, under the admin­ meeting was held; the provisions of this PART 319— FOREIGN QUARANTINE section, including its effective time, are NOTICES istrative procedure provisions of 5 U.S.C. 553, it is found upon good cause that identical with the aforesaid recommen­ Subpart— Fruits and Vegetables notice and other public procedure with dation of the committee, and informa­ respect to the amendment are imprac­ tion concerning such provisions and P orts of E ntry ticable and unnecessary, and good cause effective time has been disseminated Pursuant to the authority conferred by is found for making the amendment ef­ among handlers of such Navel oranges; it fective less than 30 days after publica­ is necessary, in order to effectuate the § 319.56-2 of the regulations (7 CFR declared policy of the act, to make this 319.56-2) supplemental to the Fruit and tion in the F ederal R egister. Vegetable Quarantine (Notice of Quar­ section effective during the period herein Done at Hyattsville, Md., this 30th day specified; and compliance with this sec­ antine No. 56, 7 CFR 319.56), under sec­ of November 1970. tions 5 and 9 of the Plant Quarantine tion will not require any special prepara­ Act of 1912 (7 UJS.C. 159, 162), § 319.56- [seal] H . S. S hirakawa, tion on the part of persons subject hereto 2h(a) (1) is amended to read as follows: Acting Director, which cannot be completed on or before Plant Quarantine Division. the effective date hereof. Such committee § 319.56—2h Administrative instructions meeting was held on December 1, 1970. prescribing method of treatment of [F.R. Doc. 70-16235; Filed. Dec. 2, 1970; (b) Order. (1) The respective quanti­ garlic from specified countries. 8:50 a.m.] ties of Navel oranges grown in Arizona (a) (1) Except as otherwise provided Chapter IX— Consumer and Market­ and designated part of California which in these administrative instructions, ing Service (Marketing Agreements may be handled during the period De­ fumigation with methyl bromide in vac­ cember 4, 1970, through December 10, uum fumigation chambers approved by and Orders; Fruits, Vegetables, 1970, are hereby fixed as follows: the Director of the Plant Quarantine Di­ Nuts), Department of Agriculture (1) District 1: 990,000 cartons; vision is a condition of entry under per­ [Navel Orange Reg. 215] (ii) District 2: 76,014 cartons; mit for all shipments of garlic (Allium (iii) District3: 110,000 cartons. sativum) from Algeria, Austria, Czecho­ PART 907 — NAVEL ORANGES (2) As used in this section, “handled,” slovakia, Egypt, France, Greece, Hun­ GROWN IN ARIZONA AND DESIG­ “District 1,” “District 2,” “District 3,” gary, Iran, Israel, Italy, Morocco, Portu­ NATED PART OF CALIFORNIA and “carton” have the same meaning as gal, South Africa (Republic of), Spain, when used in said amended marketing Switzerland, Syria, Turkey, Union of So­ Limitation of Handling agreement and order. viet Socialist Republics, West Germany, §907.515 Navel Orange Regulation 215. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. and Yugoslavia. Fumigation is to be car­ 601-674) (a) Findings. (1) Pursuant to the ried out under the supervision of a plant Dated: December 2, 1970. quarantine inspector and at the expense marketing agreement, as amended, and of the importer. While it is believed that Order No. 907, as amended (7 CFR Part Arthur E. B row ne, the garlic will be unaffected by the fumi­ 907, 35 F.R. 16359), regulating the han­ Acting Director, Fruit and gation, the treatment will be at the im­ dling of Navel oranges grown in Arizona Vegetable Division, Consumer porter’s risk. Such entry will be limited to and designated part of California, effec­ and Marketing Service. Ports named in the permits, where ap- tive under the applicable provisions of [F.R. Doc. 70-16363; Filed, Dec. 2, 1970; P^ved facilities for vacuum fumigation the Agricultural Marketing Agreement 11:24 a.m.] with methyl bromide are available. Act of 1937, as amended (7 U.S.C. 601- * * * * * 674), and upon the basis of the recom­ mendations and information submitted i ^ L 5, 9’ 37 Stat- 316> 318, 7 U.S.C. 159, Title 10— ATOMIC ENERGY li^L29 FRl «»10. as amended, and 33 F.R. by the Navel Orange Administrative 10485, as amended; 7 CFR 319.56-2) Committee, established under the said Chapter I— Atomic Energy amended marketing agreement and or­ Commission This amendment shall become effec- der, and upon other available informa­ PART 20— STANDARDS FOR ive upon publication in the F ederal tion, it is hereby found that the limita­ Register. tion of handling of such Navel oranges, PROTECTION AGAINST RADIATION The main purpose of this amendmer as hereinafter provided, will tend to ef­ PART 50— LICENSING OF PRODUC­ n f° *?move Boston, Mass., from the lii fectuate the declared policy of the act. TION AND UTILIZATION FACILITIES i ports that have approved vacuum ft (2) It is hereby further foimd that it is migration facilities. Such facilities are r Impracticable and contrary to the public Control of Releases of Radioactivity to mnger available in Boston. This action : interest to give preliminary notice, en­ the Environment , J ef afy because Boston is current] gage in public rule-making procedure, Statement of considerations. On vSnV,^S *an .entl7 port for garlic an and postpone the effective date of this April 1, 1970, the Atomic Energy Com­ pri,uu^ fumigation is a condition ( section until 30 days after publication mission published in the F ederal R eg­ entry for the importation of garlic froi hereof in the F ederal R egister (5 U.S.C. ister (35 F.R. 5414) proposed amend­ the specified countries. 553) because the time intervening be­ ments to 10 CFR Parts 20 and 50 of its FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18386 r u le: a n d regulations regulations which would: (a) Improve Including expected operational occur­ tion and Measurements (NCRP) and the the framework in Part 20 for assuring ences, the report shall cover this specif­ International Commission on Radiologi­ that reasonable efforts are made by all ically, has been modified to substitute cal Protection (ICRP). The FRC recom­ Commission licensees to continue to keep the words ^significantly above design ob­ mendations include a radiation protec­ exposures to radiation, and releases of jectives” for “unusual for normal reactor tion guide for the genetic exposure of the radioactivity in effluents as low as prac­ operations”. A number of comments sug­ entire population at a level not quite ticable, and (brspecify in Part 50 design gested that this subparagraph be more twice the average natural background and operating requirements to minimize specific with respect to the information radiation level and for a whole body ex­ quantities of radioactivity released in that will be required by the Commission posure of individuals in the population at gaseous and liquid effluents from light- to enable it to estimate exposures to the a level about five times the average nat­ water-cooled nuclear power reactors. In­ public resulting from effluent releases. ural background radiation. The guides terested persons were invited to submit The Commission has developed and will are set well below the level at which de­ written comments and suggestions for publish in the near future specific de­ tectable biological effects from exposure consideration within 60 days after pub­ tails as to the information that must be to radiation are expected to occur. The lication of the notice of proposed rule included in the 6-month reports, required FRC states in Report No. 1 dated May 13, making in the Federal R egister. After by the technical specifications in power 1960, that the guides give appropriate consideration of the comments and ether reactor licenses, including the format for consideration to the requirements of factors involved, the Commission has reporting the information. This informa­ health protection and the beneficial uses adopted the proposed amendmehts with tion, including estimates of exposures to of radiation and atomic energy. certain modifications discussed below. the public resulting from releases of Guidance on low radiation doses. The The scope of the amendments to Part radioactive materials in effluents from FRC added to the numerical guidance 50 has been expanded to include all nu­ nuclear powerplants, will be published on maximum limits the further guidance clear power reactors rather than light- by the Commission on a systematic basis that “every effort should be made to en­ water-cooled power reactors only. The so that it will be readily available to all courage the maintenance of radiation Commission is giving further considera­ interested persons. doses as far below this guide as prac­ tion to appropriate amendments to its A substantial number of comments ticable”. Similar statements are also in­ regulations to specify design and operat­ were received regarding the interpreta­ cluded in NCRP and ICRP recommenda­ ing requirements to minimize radiation tion of various terms used in the tions. exposures from radioactivity released in proposed amendments such as “every The Commission has always subscribed effluents from other types of production reasonable effort” and “as low as prac­ to the general principle that, within radi­ and utilization facilities such as fuel re­ ticable” and suggesting that the Com­ ation protection guides, radiation expo­ processing plants. mission develop more definitive criteria sures to the public should be kept as low Several comments noted that at the for keeping releases of radioactivity in as practicable. This general principle has time the application for a permit to con­ nuclear power reactor effluents as low as been a central one in the field of radia­ struct a nuclear power reactor is sub­ practicable. Definition of factors that tion protection for many years. Current mitted design has not progressed to the will be taken into account in determin­ reviews of reactor licensing applications point where specific equipment to be in­ ing that radioactivity in effluents is “as include reviews of provisions to limit and stalled for control of gaseous and liquid low as practicable” has been added to the control radioactive effluents from the effluents can be described in detail. Ac­ amendments. H ie Commission recog­ plants. cordingly, proposed § 50.34a (a) and (b) nizes the desirability of developing more Experience has shown that licensees have been modified to require only a de­ definitive guidance in connection with have generally kept exposures to radia­ scription of the preliminary design of these amendments, and is initiating dis­ tion and releases of radioactivity in ef­ equipment to be installed. cussions with the nuclear power industry fluents to levels well below the Part 20 Some comments suggested that “curie and other competent groups to achieve limits. Specifically, experience with li­ quantities of radionuclides” required to this goal. censed nuclear power reactors to date be estimated in the application for a Basis for AEC standards. Releases of shows that radioactivity in water and air construction permit in proposed § 50.34a radioactive materials in effluents by Com­ effluents has been kept at low levels—for (b) (2) could be construed to mean either mission licensees are regulated under the the most part small percentages of the the total quantity of each potential provisions of 10 CFR 20.106 which apply limits specified in 10 CFR Part 20. Re­ radionuclide or the total number of to all uses of byproduct, source, and spe­ sultant exposures to the public living in curies of all radionuclides combined. cial nuclear material licensed by the the immediate vicinity of operating This provision has been modified to re­ Commission. These provisions are based power reactors have usually been small on radiation protection guides recom­ percentages of FRC guides. The Commis­ quire that an estimate of the quantity mended by the Federal Radiation Council of each of the principal radionuclides sion believes that, in general, the releases expected to be released annually to un­ (FRC) and approved by the President. of radioactivity in effluents from the nu­ The Commission maintains close con­ clear power reactors now in operation restricted areas be included in each ap­ plication for a permit to construct a sultation, and will continue to consult, have been within ranges that may be with the National Council on Radiation considered “as low as practicable.” The nuclear power reactor. Section 50.34a(c) Protection and Measurements, and the has been changed to require a descrip­ Commission also believes that, as a re­ International Commission on Radiologi­ sult of advances in reactor technology., tion of the equipment and procedures for cal Protection. the control of effluents and for the main­ further reduction of those releases can be Since 1959 official guidance for control achieved. The results to date are attribut­ tenance and use of equipment installed of exposures to radiation has been pro­ in radioactive waste treatment systems, able, in part, to steps to assure the m- vided to Federal agencies through rec­ tegrity of the nuclear fuel, to the design and revised estimates of the releases and ommendations of the FRC, approved by exposures which would be expected if of waste treatment systems to control the President. The FRC was established and contain radioactivity, and to proce­ significantly different from those given in 1959 by Executive order and by an in the application for a construction dures and methods to limit releases oi amendment to the Atomic Energy Act of radioactive material to unrestricted areas permit. 1954 <42 UJ5.C. 2021(h)). The FRC Section 50.36a(a) (2) has been revised in effluent water and air. The AEC’s total is directed to advise the President regulatory program includes not only tne to allow 60 days, rather than the pro­ “* * * with respect to radiation matters, posed 30 days, after January 1 and July 1 standards and limits in 10 CFR Part directly or indirectly affecting health, in­ but other regulations as well, various re" of each year for filing reports by power cluding guidance for all Federal agencies reactor licensees on releases of radio­ strictions on plant design and restrictions in the formulation of radiation standards on operation included in indvidual oper­ active materials in effluents. The provi­ and in the establishment and execution sion of the proposed subparagraph that, of programs of cooperation with States.” ating licenses. if quantities of radioactive materials re­ The basic recommendations of the FRC Control of exposures from several dif­ leased during the reporting period are are generally consistent with those of the ferent sources. H ie Commission expects unusual for normal reactor operations. National Council on Radiation Protec­ that releases of radioactive material

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 RULES AND REGULATIONS 18387

effluents from nuclear power reactors un­ small percentages of exposures from maintain radiation exposures, and re­ der the present system of regulation will natural background radiation. leases of radioactive materials in efflu­ continue to be low. At the same time, the Need for flexibility of operation. It is ents to unrestricted areas, as far below Commission recognizes that there will be necessary that nuclear power reactors the limits specified in this part as prac­ a marked Increase in the number and designed for generation of electricity ticable. The term “as far below the limits size of nuclear power reactors in opera­ have a very high degree of reliability. Op­ specified in this part as practicable” tion in the future, and that other activi­ erating flexibility is necessary to take means as low as is practicably achieva­ ties that contribute radiation exposure into account some variation in the small ble taking into account the state of tech­ to the public can be expected to increase. quantities of radioactivtiy, as a result of nology, and the economics of improve­ Design objectives for nuclear power expected operational occurrences, which ments in relation to benefits to the reactors. The amendments to Part 50 set may temporarily result in levels of radio­ public health and safety and in relation out below are intended to give appro­ active effluents in excess of the low levels to the utilization of atomic energy in the priate regulatory effect, with respect to normally released, but still within the public interest. radioactivity in effluents from nuclear limits specified in § 20.106 of Part 20 and power reactors, to the guidance of the the operating license. 2. A new § 50.34a is added to 10 CFR FRC that radiation doses should be kept Monitoring. The Commission will con­ Part 50 to read as follows: as far below the radiation protection tinue to evaluate exposures to the pub­ § 50.34a Design objectives for equip­ guides as practicable. As in the past, an lic from releases of radioactivity in efflu­ ment to control releases of radioactive application for a permit to construct a ents from nuclear power reactors. Re­ material in effluents— nuclear power nuclear power reactor will be required actor licensees are presently required to reactors. to include a description of the prelimi­ carry out monitoring programs designed (a) An application for a permit to nary design of equipment to be installed not only to determine levels of radioac­ construct a nuclear power reactor shall to maintain control over radioactive ma­ tivity in effluents released from the plant include a description of the preliminary terials in effluents dining normal reactor but also to detect significant increases in design of equipment to be installed to operations, including expected opera­ levels of radioactivity in the environ­ maintain control over radioactive ma­ tional occurrences. In addition, in the ment. The licensee is required to report terials in gaseous and liquid effluents pro­ case of an application filed on or after these data to the Commission on a pe­ duced during normal reactor operations, the effective date of the amendments, riodic basis. In addition, the Commission, including expected operational occur­ the application will be required to iden­ the U.S. Public Health Service and sev­ rences. In the case of an application filed tify the design objectives, and the means eral States carry out environmental sur­ on or after January 2, 1971, the applica­ to be employed, for keeping levels of veillance programs. These programs are tion shall also identify the design objec­ radioactive material released in effluents designed to detect and evaluate increases as low as practicable. As in current prac­ tives, and the means to be employed, for in environmental levels that may be sig­ keeping levels of radioactive material in tice the Commission will review the pro­ nificant to human exposure. The Atomic posed design of the reactor, including the effluents to unrestricted areas as low as Energy Commission in cooperation with practicable. The term “as low as prac­ waste treatment equipment and the de­ other participating agencies as appro­ ticable” as used in this part means as low scription of procedures for the mainte­ priate will systematically publish these nance and use of the equipment, to de­ as is practicably achievable taking into data so that they will be available to all account the state of technology, and the termine whether the required design ob­ interested persons. jectives are met. economics of improvements in relation to Pursuant to the Atomic Energy Act of benefits to the public health and safety Each license authorizing operation of 1954, as amended, and sections 552 and and in relation to the utilization of a nuclear power reactor will include 553 of title 5 of the United States Code, atomic energy in the public interest. technical specifications which require the following amendments to Title 10, (b) Each application for a permit to adherence to operating procedures for Chapter I, Code of Federal Regulations, construct a nuclear power reactor shall control of effluents and the maintenance Parts 20 and 50, are published as a doc­ include: and use of equipment installed in the ument subject to codification, to be effec­ (1) A description of the preliminary waste treatment system;“ and the sub­ tive thirty (30) days after publication in design of equipment to be installed pur­ mission of semiannual reports contain­ the F ederal R egister. The Commission suant to paragraph (a) of this section; ing information on quantities of radio­ -invites all interested persons who desire (2) An estimate of: active material released. If quantities re­ to submit written comments or sugges­ (i) The quantity of each of the prin­ leased during the reporting period are tions in connection with the amendments cipal radio-nuclides expected to be re­ significantly above design objectives, the to send them to the Secretary of the leased annually to unrestricted areas in licensee will be required to cover this Commission, U.S. Atomic Energy Com­ liquid effluents produced during normal specifically in its report. The effluent re­ mission, Washington, D.C. 20545, Atten­ reactor operations; and lease data submitted by licensees will be tion: Chief, Public Proceedings Branch,

No. 234----- 4 FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18388 RULES AND REGULATIONS estimates submitted in the application siderations: Experience with the design, guaranteed or insured pursuant to guar­ for a construction permit. construction and operation of nuclear anty or insurance commitments issued 3. A new § 50.36a is added to 10 CFRpower reactors indicates that compliance by the Veterans Administration which Part 50 to read as follows: with the technical specifications de­ specify an interest rate in excess of 8 scribed in this section will keep average per centum per annum, effective Decem­ § 50.36a Technical specifications on ef­ annual releases of radioactive material ber 2,1970, the interest rate on any loan fluents from nuclear power reactors. in effluents at small percentages of the guaranteed or insured wholly or in part (a) In order to keep releases of radio­ limits specified in § 20.106 of this chapter on or after such date may not exceed 8 active materials to unrestricted areas and in the operating license. At the same per centum per annum on the unpaid during normal reactor operations, in­ time, the licensee is permitted the flexi­ bility of operation, compatible with con­ principal balance. cluding expected operational occur­ ♦ * * * * rences, as low as practicable, each li­ siderations of health and safety, to as­ cense authorizing operation of a nuclear sure that the public is provided a depend­ 2. In § 36.4503, paragraph (a) is power reactor will include technical able source of power even under unusual amended to read as follows: operating conditions which may tempo­ specifications that, in addition to requir­ § 36.4503 Amount and amortization. ing compliance with applicable provi­ rarily result in releases higher than such sions of § 20.106 of this chapter, require: small percentages, but still within the (a) The original principal amount of (1) That operating procedures devel­ limits specified in § 20.106 of this chap­ any loan made on or after May 7, 1968, oped pursuant to § 50.34a(c) for the con­ ter and the operating license. It is shall not exceed an amount which bears trol of effluents be established and fol­ expected that in using this operational flexibility under unusual operating con­ the same ratio to $21,000 (or to such lowed and that equipment installed in increased maximum as the Administra­ the radioactive waste system, pursuant ditions, the licensee will exert his best efforts to keep levels of radioactive ma­ tor may from time to time specify for to § 50.34a(a) be maintained and used. terial in effluents as low as practicable. (2) The submission of a report to the the area in which the loan is made Commission within 60 days after July 1 (Sec. 161, 68 Stat. 948; 42 U.S.C. 2201) pursuant to section 1811(d) of title 38, of 1971, and within 60 days after Jan­ Dated at Washington, D.C., this 27th United States Code) as the amount of uary 1 and July 1 of each year thereafter, day of November 1970. the guaranty to which the veteran is specifying the quantity of each of the entitled under 38 U.S.C. 1810 at the time For the Atomic Energy Commission. principal radionuclides released to un­ the loan is made bears to $12,500. This restricted areas in liquid and in gaseous W. B. M cC ool, limitation shall not preclude the making effluents during the previous 6 months Secretary of the Commission. of operation, and such other information of advances, otherwise proper, subse­ [F.R. Doc. 70-16213; Filed, Dec. 2, 1970; as may be required by the Commission 8:49 a.m.] quent to the making of the loan pur­ to estimate maximum potential annual suant to the provisions of § 36.4511. radiation doses to the public resulting Effective December 2, 1970, loans made from effluent releases. If quantities of radioactive materials released during the by the Veterans Administration shall reporting period are significantly above Title 38— PENSIONS, BONUSES, bear interest at the rate of 8 percent design objectives, the report shall cover per annum. this specifically. On the basis of such re­ AND VETERANS' RELIEF * * * * * ports and any additional information the Chapter I— Veterans Administration (72 Stat. 1114; 38 U.S.C. 210) Commission may obtain from the li­ PART 36— LOAN GUARANTY These VA regulations are effective censee or others, the Commission may December 2,1970. from time to time require the licensee Maximum Interest Rate Approved: December 1,1970. to take such action as the Commission 1. In § 36.4311, paragraph (a) is By direction of the Administrator. deems appropriate. amended to read as follows: (b) In establishing and implementing [seal] F red B. R hodes, the operating procedures described in § 36.4311 Interest rates. Deputy Administrator. paragraph (a) of this section, the licen­ (a) Excepting non-real-estate loans [F.R. Doc. 70-16301; Filed, Dec. 2, 1970; see shall be guided by the following con­ insured under . 38 U.S.C. 1815 and loans 9:39 a.m,]

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18389 Proposed Rule Making

[Sec. 451 as amended by sec. 313(b), Social (3) A declaration that under the tax­ Security Amendments, 1965 (79 Stat. 382); payer’s normal business practice the in­ DEPARTMENT OF 1 HE TREASURY by sec. 215, Tax Reform Act, 1969 (83 Stat. come derived from the crops which were Internal Revenue Service 573)] destroyed or damaged would have been P ar. 2. There is inserted immediately included in his gross income for a tax­ [ 26 CFR Part 1 ] after § 1.451-4 the following new section: able year following the taxable year of such destruction or damage; ELECTION RELATING TO CROP § 1.451—5 Election to include crop in­ INSURANCE PROCEEDS surance proceeds in gross income in (4) The cause of destruction or dam­ the taxable year following the tax­ age of crops and the date or dates on Notice of Proposed Rule Making- able year of destruction or damage. which such destruction or damage occurred; Notice is hereby given that the regula­ (a) In general. (1) For taxable years tions set forth in tentative form below ending after December 30, 1969, a tax­ (5) The total amount of payments re­ are proposed" to be prescribed by the payer reporting gross income on the cash ceived from insurance carriers, itemized Commissioner of Internal Revenue, with receipts and disbursements method of ac­ with respect to each specific crop and the approval of the Secretary of the counting may elect to include insurance with respect to the date each payment Treasury or his delegate. Prior to the proceeds received as a result of the de­ was received; final adoption of such regulations, con­ struction of, or damage to, crops in gross (6) The name(s) of the insurance car­ sideration will be given to any comments income for the taxable year following the rier or carriers from whom payments or suggestions pertaining thereto which taxable year of such destruction or dam­ were received. are submitted in writing, preferably in age, if the taxpayer establishes that, un­ [F.R. Doc. 70-16211; Filed, Dec. 2, 1970; quintuplicate, to the Commissioner of der his normal business practice, the in­ 8:48 a.m.] Internal Revenue, Attention: CC:LR:T, come from such crops would have been Washington, D.C. 20224, within the included in gross income for any taxable period of 30 days from the date of publi­ year following the taxable year of such [ 26 CFR Part 1 1 cation of this notice in the F ederal R eg­ destruction or damage. However, if the AVERAGE BASIS FOR REGULATED ister. Any person submitting written taxpayer receives such insurance pro­ INVESTMENT COMPANY STOCK comments or suggestions who desires an ceeds in the taxable year following the opportunity to comment orally at a pub­ taxable year of such destruction or dam­ Notice of Proposed Rule Making lic hearing on these proposed regulations age, then he shall include such proceeds should submit his request, in writing, to in gross income for the taxable year of Notice is hereby given that the regu­ the Commissioner within the 30-day pe­ receipt without having to make an elec­ lations set forth in tentative form be­ riod. In such case, a public hearing will tion under section 451(d) and this low are proposed to be prescribed by the be held, and notice of the time, place, and section. Commissioner of Internal Revenue, with date-will be published in a subsequent (2) In the case of a taxpayer who re­the approval of the Secretary of the issue of the F ederal R egister. The pro­ ceives insurance proceeds as a result of Treasury or his delegate. Prior to the posed regulations are to be issued under the destruction of, or damage to, two or final adoption of such regulations, con­ the authority contained in section 7805 more specific crops, if such proceeds may, sideration will be given to any comments of the Internal Revenue Code of 1954 under section 451(d) and this section, be or suggestions pertaining thereto which (68A Stat. 917; 26 U.S.C. 7805) . included in gross income for the taxable are submitted in writing, preferably in year following the taxable year of such quintuplicate, to the Commissioner of [seal] R andolph W. T hrower, destruction or damage, and if such tax­ Internal Revenue, Attention: CC:LR:T, Commissioner of Internal Revenue. payer makes an election under section Washington, D.C. 20224, within the In order to conform the Income Tax 451(d) and this section with respect to period of 30 days from the date of pub­ Regulations (26 CFR Part 1) under sec­ any portion of such proceeds, then such lication of this notice in the F ederal tion 451(d) of the Internal Revenue Code election will be deemed to cover all of R egister. Any written comments or sug­ of 1954 to section 215 of the Tax Reform such proceeds which are attributable to gestions not specifically designated as Act of 1969 (83 Stat. 573), such regula­ crops representing a single trade or busi­ confidential in accordance with 26 CFR tions are amended as follows; ness under section 446(d). A separate 601.601(b) may be iiispected by any per­ P aragraph 1. Section 1.451 is amended election must be made with respect to son upon written request. Any person by adding a new subsection (d) to sec­ insurance proceeds attributable to each submitting written comments or sugges­ tion 451 and by revising the historical crop which represents a separate trade tions who desires an opportunity to com­ or business under section 446(d). ment orally at a public hearing on these note. These amended and added provi­ proposed regulations should submit his sions read as follows: (b) Time and manner of making elec­ tion. The election by a taxpayer to in­ request, in writing, to the Commissioner § 1.451 Statutory provisions; general clude in gross income insurance proceeds within the 30-day period. In such case, rule for taxable year of inclusion. received as a result of destruction of, or a public hearing will be held, and notice Sec. 451. General rule for taxable year of damage to, the taxpayer’s crops in the of the time, place, and date will be pub­ inclusion. ~* * * taxable year following the taxable year lished in a subsequent issue of the F ed­ (d) Special, rule for crop insurance pro­of such destruction or damage must be eral R egister. The proposed regulations ceeds. In. the case of Insurance proceeds re­ made at the time the taxpayer files his are to be issued under the authority con­ ceived as a result of destruction or damage return for the taxable year of destruction tained in section 7805 of the Internal to crops, a taxpayer reporting on the cash Revenue Code of 1955 (68A Stat. 917; 26 receipts and disbursements method of ac­ or damage. The election shall be made counting may elect to include such proceeds by attaching to such return a separate U.S.C. 7805). m income for the taxable year following the statement signed by the taxpayer, which [ seal] R andolph W. T hrower, taxable year of destruction or damage, if statement must contain the following Commissioner of Internal Revenue. he establishes that, under his practice, in- information: °°^+e *rona su°h crops would have been re­ (1 ) A declaration that the taxpayer In order to provide an alternative ported in a following taxable year. An elec- method of determining the cost or other ion under this subsection for any taxable is making an election under section 451 year shall be made at such time and in such (d) and this section; basis of certain regulated Investment company stock, the Income Tax Regula­ scribes* 88 thC Secretary or his delegate pre- (2) Identification of the specific crop or crops destroyed or damaged; tions (26 CFR Part 1) under sections

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18390 PROPOSED RULE MAKING

1012 and 1091 of the Internal Revenue of the account, from which category visions of section 1091) from the 6- Code of 1954 are amended as follows: (described in subparagraph (2) of this months-or-less category which occurs P aragraph 1. Section 1.1012-1 is paragraph) the shares are to be sold or after the acquisition of shares of stock amended by redesignating paragraph (e) transferred. Shares shall be deemed sold into such category, the aggregate cost or as paragraph (f), and by inserting im­ or transferred from the category speci­ other basis of all shares remaining in mediately after paragraph (d) a new fied without regard to the stock certifi­ the 6-months-or-less category after such paragraph (e). These redesignated and cates, if any, actually delivered if, within sale shall be increased by the amount of added provisions read as follows: a reasonable time thereafter, confirma­ the loss which is not deductible because §1.1012—1 Basis of property. ' tion of such specification is set forth in a of thé provisions of section 1091 and the * * * * * written document from the agent having regulations thereunder. The provisions custody of the account. In the absence of of this subdivision may be illustrated by (e) Election as to certain regulatedsuch specification or confirmation, shares the following example: investment company stock—Cl) In gen­ sold or transferred shall be charged eral. (i) Notwithstanding paragraph (c) against the more-than-6-months cate­ Example. Assume the following acquisitions of this section, and except as provided in to, and sale from, the 6-months-or-less gory. However, if the number of shares category: subdivision (ii) of this subparagraph, sold or transferred exceeds the number if— in such category, the additional shares 6-Months-or-Less Category (a) Shares of stock of a regulated in­ sold or transferred shall be charged Date Action Number Price/ Aggre­ vestment company (as defined in sub- against the shares in the 6-months-or- Shares Share gate paragraph (5) of this paragraph) are less category. Any gain or loss attribu­ left by a taxpayer in the custody of an table to a sale or transfer which is 1-5-71 Purchase__ 10 $110 $1,100 agent in an account maintained for the 2-5-71 Purchase__ 10 100 1,000 charged against shares in the more- 3-5-71 Purchase__ periodic acquisition or redemption of than-6-months category shall constitute 10 90 900 shares of such company, and long-term gain or loss, and any gain or Average 30 100 3,000 (b) The taxpayer purchased or ac­ loss attributable to a sale or transfer 3-15-71 Sale...... 10 90 900 quired shares of stock held in the ac­ which is charged against shares in the Loss...... 10 10 100 count at different prices or bases, 6-months-or-less category shall consti­ the taxpayer may elect to determine the tute short-term gain or loss. As to ad­ In this example, the unadjusted basis of cost or other basis of shares of stock he justments from wash sales, see section the shares remaining in the. account after sells or transfers from such account by 1091(d) and subparagraph (4) (iii) and the sale is $2,000 (aggregate basis of $3,000 (iv) of this paragraph. before the sale, less $1,000, the aggregate using the method described in this para­ basis of the shares sold after the averaging graph. The cost or other basis determined (4) Special rules with respect to sharesof costs). The adjusted basis of the shares in accordance with such method shall be from the 6-months-or-less category, (i) remaining in the 6-months-or-less category known as the “average basis.” For pur­ After the taxpayer’s holding period with after the sale and after adjustment is $2,100 poses of this paragraph, the term respect to a share is more than 6 months, (the unadjusted basis of $2,000, plus -the “share” or “shares” shall include frac­ such share shall be changed from the $100 loss resulting from the sale). tions of a share. 6-months-or-less category to the more- (5) Definition. For purposes of this (ii) This paragraph shall not apply than-6-months category. For purposes paragraph, a “regulated investment to any account which contains shares of such change, the basis of a changed company” means any domestic corpora­ which were acquired by the taxpayer by share shall be its actual cost or other tion (other than a personal holding com­ gift after December 31, 1920, if the basis basis to the taxpayer or its basis deter­ of such shares (adjusted for the period pany as defined in section 542) which mined in accordance with the rules con­ is registered at all times during the tax­ before the date of the gift as provided in tained in subdivision (ii) (5) of this sub- section 1016) in the hands of the donor able year under the Investment Com­ paragraph if the rules of such subdivision pany Act of 1940, as amended (15 U.S.C. or the last preceding owner by whom it are applicable. was not acquired by gift was greater than 80a-l to 80b-2), as an open-end man­ (ii) If, during the period that shares agement company, and which meets the the fair market value of such shares at are in the 6-months-or-less category the time of the gift. However, shares ac­ limitations of section 851(b) and some but not all of the shares in such §1.851-2. quired by a taxpayer as a result of a category are sold or transferred, then— taxable dividend or a capital gain distri­ (6) Election, (i) An election to adopt bution from such an account may be in­ (a) The shares sold or transferred the method described in this paragraph cluded in an account to which this para­ (the basis of which was determined in shall be made in an income tax return graph applies. the manner prescribed by subparagraph for the first taxable year ending on or (2) Determination of average basis. (2) of this paragraph) shall be assumed after December 31, 1970, for which the All shares in an account at the time of to be those shares in such category which taxpayer desires the election to apply- each sale or transfer shall be divided into were earliest purchased or acquired, and Such return must be filed within the time two categories. The first category shall (b) The basis of those shares which prescribed by law'(including extensions include all shares in such account hav­ are not sold or transferred and which thereof) for filing such return. If the ing, at the time of the sale or transfer, are changed from the 6-months-or-less election is made, the taxpayer shall a holding period of more than 6 months category to the more-than-6-months clearly indicate on his income tax return (the "more-than-6-months” category), category shall be the average basis of the for each year to which the election is and the second category shall include all shares in the 6-months-or-less category applicable that an average basis has shares in such account having, at such at the time of the most recent sale or been used in reporting gain or loss from time, a holding period of 6 months or less transfer of shares from such category. the sale or transfer of shares sold or (the “6-months-or-less” category). The For such purposes, the average basis shall transferred. A taxpayer making the cost or other basis of each share in the be determined in the manner prescribed election shall maintain records substan­ more-than-6-months category shall be in subparagraph (2) of this paragraph. tiating the average basis (or bases) used an amount equal to the remaining aggre­ (iii) Paragraph (a) of § 1.1091-2 con­ on his income tax return. gate cost or other basis of all shares in tains examples which illustrate the gen­ (ii) An. election made with respect to that category at the time of the sale or eral application of section 1091(d), some of the shares of a regulated invest­ transfer divided by the aggregate num­ relating to unadjusted basis in the case ment company sold or transferred from ber of shares in that category at such of a wash sale of stock. However, in the an account described in subparagraph time, and the cost or other basis of each case of certain wash sales of stock from (1) (i) of this paragraph applies to all share in the 6-months-or-less category the 6-months-or-less category, the pro­ such shares in the account. Such elec­ shall be similarly determined. visions of section 1091(d) shall be ap­ tion also applies to all shares of th a t (3) Order of disposition of shares sold plied in the manner described in sub­ regulated investment company held in or transferred. Prior to a sale or transfer division (iv) of this subparagraph. other such accounts (i.e., those described of shares from an account, the taxpayer (iv) In the case of a wash sale of stock in subparagraph (l)(i) of this para­ may specify, to the agent having custody (determined in accordance with the pro­ graph) by the electing taxpayer for his

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 PROPOSED RULE MAKING 18391

own benefit. Thus, the election shall ap­ Number of shares in the more- average basis for shares sold or transferred ply to all shares of the regulated invest­ than-6-months category at from account C-4. However, since C elected the time of sale Basis to use an average basis lor shares sold from ment company held by the electing tax­ account C -l, he must also use an average payer (for his own benefit) in such 8 0 ______$1,520 20 ______...... 410 basis for all shares sold or transferred from accounts on or after the first day of the 7 ...... 140 accounts C-2 and C-3 (as well as account first taxable year for which the election C -l) for his taxable year ending on Decem­ is made. Such election does not apply Total 107...... 2,070 ber 31, 1971, and for all subsequent years to shares held in accounts described in until he revokes (with the consent of the subparagraph (1) (ii) of this paragraph. .Average cost or other basis: $2,070-4-107 Commissioner) his election to use an average An election made pursuant to the pro­ shares=$19.34 (to the nearest cent). basis for such accounts. visions of this paragraph may not be re­ Example (2). Taxpayer B, who files his (f) Special rules. * * * voked without the prior written permis­ income tax returns on a calendar year basis, sion of the Commissioner. enters into an agreement with the X Bank P ar. 2. Section 1.1091-2(a) is amended (7) Examples. The provisions of thisestablishing an account for the periodic by revising so much thereof as precedes acquisition of shares of the Z Company. The example (1) and by adding a new para­ paragraph may be illustrated by the shares and the account are of the type de­ following examples: graph (b). These amended and added scribed in subparagraph (1) (1) of this para­ provisions read as follows: Example (1). (i) On January 11, 1971, graph. X, as agent for B, acquired for B’s taxpayer A, who files his income tax return account shares of Z on the following dates § 1.1091—2 Basis of stock or securities on a calendar year basis, enters Into an in the designated amounts: acquired in “wash sales.” agreement with the W Bank establishing an January 15, 1971-______50 shares. (a) In general. The application of sec­ account for the periodic acquisition of shares February 16, 1971______30 shares. of the T Company, an open-end mutual March 15, 1971______25 shares. tion 1091(d) may be illustrated by the fund. The agreement provides (1) that the following examples: bank, as A’s agent, is to purchase shares Pursuant to B’s direction, the bank redeemed ♦ * * * * of Y stock as A may from time to time (i.e., sold) 25 shares from the account on direct, (2) that all shares in the account February 1, 1971, and 20 shares on April 1, (b) Special rule. For a special rule as are to be left in the custody of the bank, 1971, for a total of 45 shares. All of such to thé adjustment to basis required under and (3) that the bank is to reinvest any shares had been held for less than 6 months. section 1091(d) in the case of wash sales dividends paid by Y (including capital gain B elects to determine the gain or loss from involving certain regulated investment dividends) in additional shares of Y stock. the sales of the stock by reference to its company stock for which there is an Pursuant to the agreement, on January 11, average basis. Thus, the 45 shares which were average basis, see paragraph (e) (4) (iii) 1971, February 17 1971, and. March 1, 1971, sold are assumed to be from the 50 shares respectively, the bank purchases, at A’s which were purchased on January 15, 1971. and (iv) of § 1.1012-1. direction, 100 shares of Y stock for a total Accordingly, on June 16,1971, only five shares [F.R, Doc. 70-16248; Filed, Dec. 2, 1970; of $1,880, 20 shares of Y stock for a total from those shares which had been pur­ 8:52 a.m.] of $400, and 20 shares of Y stock for a total chased on January 15, 1971, remain to be of $410. On March 15, 1971, the bank rein­ transferred from the 6-months-or-less cate­ vests a $1-per-share capital gain dividend gory to the more-than-6-months category. (that is, a total of $140) in seven additional The basis of such five shares for purposes of I 26 CFR Parts 1, 13 3 shares of Y stock. The acquisitions to A’s the change to the more-than-6-months cate­ account, are, therefore, as follows: gory would be the average basis of the shares INSTALLMENT METHOD in the 6-months-or-less category at the time Notice of Proposed Rule Making Date Number Basis of the sale on April 1,1971. of shares Example (3). Assume the same facts as in Notice is hereby given that the regula­ example (2), except that an additional sale tions set forth in tentative form below Jan.11,1971 ...... 100 $1,880 of 18 shares was made on May 3, 1971. There are proposed to be prescribed by the Feb. 1,1971...... 20 400 were, therefore, a total of 63 shares sold Commissioner of Internal Revenue, with Mar. 1,1971...... 20 410 during the 6-month period beginning on Mar. 15,1971...... 7 140 January 15, 1971, the date of the earliest the approval of the Secretary of the purchase. Fifty of the shares which were sold Treasury, or his delegate. Prior to the On August 20, 1971, at A’s direction, the during such period shall be assumed to be final adoption of such regulations, con­ bank redeems (i.e., sells) 40 shares of Y the shares purchased on January 15, 1971, sideration will be given to any comments, stock, and on September 20, 1971, 30 shares. and the remaining 13 shares shall be assumed or suggestions, pertaining thereto which A elects to determine the gain or loss from to be from the shares which were purchased are submitted in writing, preferably in the sales of the stock by reference to its on February 16, 1971. Thus, none of the quintuplicate, to the Commissioner of In­ average basis. A did not specify from which shares which were purchased on January 15, ternal Revenue, Attention: CC:LR:T, category the sales were to take place, and 1971, remain to be changed from the 6- therefore, each sale Is deemed to have months-or-less category to the more-than-6- Washington, D.C. 20224, within the been made from the more-than-6-months months category. In the absence of further period of 30 days from the date of pub­ category. dispositions of shares during the 6-months lication of this notice in the F ederal (ii) The average basis for the shares sold holding period for the shares purchased on R egister. Any written comments or sug­ on August 20, 1971, is $19.00, and the total February 16, 1971, there would be 17 of such gestions not specifically designated as average basis for the 40 shares which are shares to be changed over after the expira­ confidential In accordance with 26 CFR sold is $760.00, computed as follows: tion of that period since 13 of the shares sold on May 3, 1971, were assumed to be 601.601(b) may be inspected by any per­ Number of shares in the more- from the shares purchased oh February 16, son upon written request. Any person than-6-months category at 1971. The basis of the 17 shares for purposes submitting written comments or sugges­ the time of sale Basis of the change to the more-than-6-months tions who desires an opportunity to com­ 100 ------$1,880 category would be the average basis of the ment orally at a public hearing on these 20 ------;______400 shares in the 6-months-or-less category at proposed regulations should submit his the time of the sale on May 3, 1971. Total 1 2 0 ------2,280 request, in writing, to the Commissioner Example (4). Taxpayer C owns four sepa­ within the 30-day period. In such case, a Average cost or other basis: $2,280-h120=$19. rate accounts (O-l, C-2, C-3, and C-4) for public hearing will be held, and notice o shares x $19 each=$760, total average the periodic acquisition of shares of the Y basis. Company, an open-end mutual fund. Ac­ of the time, place, and date will be pub­ count C-4 contains shares which C acquired lished in a subsequent issue of the F ed­ Therefore, after the sale on August 20, 1971, by gift on April 15, 1970. These shares had eral R egister. The proposed regulations shares remain in the more-than-6-months an adjusted basis in the hands of the donor are to be issued under the authority con­ is $CS * and their remaining aggregate cost which was greater than the fair market value of the donated shares on such date. For his tained in? section 7805 of. the Internal average basis for the shares sold taxable year ending on December 31, 1971," Revenue Code of 1954 (68A Stat. 917; 26 whiotPt6mber 20’ 1971> mvLst reflect the sale C elects to use an average basis for shares U.S.C. 7805). • c o r n i mad€ on August 20, 1971. Atf- sold from account C—1 during such year. anri ^ gly’such average basis would be $19.34, Under the provisions of subdivision (l)(ii) [seal] R andolph W. T hrower, ana may be computed as follows : of this paragraph, C may not elect to use an Commissioner of Internal Revenue.

FEDERAL REGISTER, VOL 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18392 PROPOSED RULE MAKING

In order to conform the Income Tax § 1.453—8 Requirements for adoption of an election to use the installment basis, Regulations (26 CFR Part 1) under sec­ or change to installment method. for any taxable year ending before the tion 453 of the Internal Revenue Code of * * * * * date of the filing of the notice of revoca­ 1654, to section 916 of the Tax Reform (c) Installment method and other ac­ tion is prevented on the date of such fil­ Act of 1969 (83 Stat. 723), Temporary counting methods. Notwithstanding the ing, or within 1 year from such date, Treasury Regulations § 13.11, 35 F.R. fact that, in general, a dealer in personal by the operation of any law or rule of 8823 (1970), are withdrawn, and the In­ property may change to the installment law (other than section 7121 (relating come Tax Regulations under section 453 method of accounting without permis­ to closing agreements) or section 7122 of the Internal Revenue Code of 1954 are sion, a dealer may not change from the (relating to compromises)), refund or amended as follows: installment method of accounting for credit of such overpayment may never­ P aragraph 1. Section 1.453 is amended sales on the installment plan to an theless be made or allowed if a claim for by adding paragraphs (4) and (5) to sec­ accrual method of accounting or to any such credit or refund is filed within 1 tion 453(c) and by revising the historical other method of accounting without the year from the date the notice of revoca­ note. The amended and added provisions permission of the Commissioner, except tion is filed. No interest shall be al­ read as follows: as provided in paragraph (d) of this lowed on the refund or credit of such section. overpayment for any period prior to the § 1.453 Statutory provisions; install­ (d) Revocation of election to report date of the filing of the notice of ment method. income on the installment basis—(1) revocation. Sac. 453. Installment method. • * • In general. Under section 453(c) (4) tax­ (5) Elections after revocation. If a (c) Change from accrual to installment taxpayer, pursuant to the provisions of basis. * * * payers who are dealers in personal prop­ erty and who have elected installment section 453(c) (4) and this paragraph, (4) Revocation of Election. An election revokes an election to report income on under paragraph (1) to report taxable income basis income reporting subject to the on the installment basis may be revoked by provisions of section 453(c)(1) (relat­ the installment basis, a subsequent elec­ filing a notice ol revocation, in such manner ing to change from accrual to install­ tion to report income on the installment as the Secretary or his delegate prescribes by ment basis) may revoke their previously basis under section 453(c)(1) may not regulations, at any time before the -expiration made election. be made, except with the consent of the of 3 years following the date of the filing of (2) Years to which applicable. Under Commissioner, with respect to any tax­ the tax return for the year of change. If such able year beginning before the fifth tax­ notice of revocation is timely filed— this paragraph a taxpayer may revoke an election to report income on the in­ able year following the year of change (A) The provisions of paragraph (1) and with respect to which the revocation was subsection (a) shall not apply to the year of stallment basis for any year of change change or for any subsequent year; (the first year for which income was made. A taxpayer who wishes to make a (B) The statutory period for the assess­ computed using the installment basis) subsequent election to report income un­ ment of any deficiency for any taxable year ending on or after December 30, 1969, der section 453(a) with respect to any ending before the filing of such notice, which and for any year of change which ended taxable year before the fifth taxable is attributable to the revocation of the elec­ before such date if the 3-year statutory year following the year of change for tion to use the installment basis, shall not the revoked election, must file an appli­ expire before the expiration of 2 years from period under section 6501 (relating to limitation on assessment or collection), cation to do so on Form 3115 with the the date of the filing of such notice, and Commissioner of Internal Revenue, such deficiency may be assessed before the including extensions, for such years has expiration of such 2-year period notwith­ not expired on December 30, 1969. Washington, D.C. 20224. standing the provisions of any law, or rule (3) Time and manner of revoking elec­ [F.R. Doc. 70-16212; Filed, Dec. 2, 1970; of law, which would otherwise prevent such tion. The revocation by a taxpayer may 8:48 a.m.J assessment; and be made by filing an amended return (C) If refund or credit of any overpay­ ment, resulting from the revocation of the on an appropriate form or forms, such election to use the Installment basis, for any as Form 1040X for an individual tax­ taxable year ending before the date of the payer, for the year of change (the first DEPARTMENT OF THE INTERIOR filing of the notice of revocation is pre­ year for which income was computed Bureau of Indian Affairs vented on the date of such filing, or within using the installment basis) and for 1 year from such date, by the operation of each subsequent year for which a return [ 25 CFR Part 15 1 any law or rule of law (other than section was filed using the installment basis. DETERMINATION OF HEIRS AND AP­ 7121 or 7122), refund or credit of such over­ The taxpayer should indicate on such payment may nevertheless be made or al­ PROVAL OF WILLS, EXCEPT AS TO lowed if claim therefor is filed within 1 year amended returns that he is revoking an from such date. No interest shall be allowed election to report income on the install­ MEMBERS OF THE FIVE CIVILIZED on the refund or credit of such overpayment ment basis. Such revocation must be TRIBES AND OSAGE INDIANS for any period prior to the date of the filing made within 3 years from'the last date of the notice of revocation. prescribed for the filing of the return Notice of Proposed Rule Making (5) Election after revocation. If the tax­ for the year of change including any ex­ Notice is hereby given that under the payer revokes under paragraph (4) an elec­ tension of time granted the taxpayer. In authority of 5 U.S.C. 301 (1964 Ed., tion under paragraph (1) to report taxable reporting income on the amended re­ Supp. V), and secs. 1, 2, 36 Stat. 855, as income on the installment basis, no elec­ turns described in this paragraph, the tion under paragraph (1) may be made, ex­ amended, 856, as amended, sec. 1, 38 cept with the consent of the Secretary or his taxpayer shall use the- accrual method Stat. 586, 42 Stat. 1185, as amended, secs. delegate, for any subsequent taxable year of accounting. 1, 2, 56 Stat. 1021,1022, 25 U.S.C. 372, 373, before the fifth taxable year following the (4) Period for assessment of deficiency 374, 377, 373a, and 373b, and to imple­ year of change with respect to which such and for refund or credit, (i) The statu­ ment procedures authorized by the Dele­ revocation is made. tory period for the assessment of any gation of Authority to the Director, Of­ ***** deficiency for any taxable year ending fice of Hearings and Appeals, and to the [Sec. 453 as amended by section 27, Tech­ before the filing of a notice of revocation Board of Indian Appeals within the Office nical Amendments Act 1958 (72 Stat. 1624); under this paragraph, which is attribut­ of Hearings and Appeals (Release No. sec. 13(f)(5), Rev. Act 1962 (76 Stat. 1035); able to the revocation of the election to 12i3 of July 17, 1970, 211 DM 13, pub­ secs. 222(a) and 231(b)(5), Rev. Act 1964 use the installment basis, shall not ex­ lished on July 28’, 1970, 35 F.R. 12081), it (78 Stat. 75, 105); sec. 1(b)(2), Act of Au­ pire before the expiration of 2 years from gust 22, 1969 (Pub. Law 88-484, 78 Stat. 597); is proposed to revise the Indian probate sec. 3, Act of August 31, 1964 (Pub. Law 88- the date of the filing of such notice, and regulations in Part 15 of Title 25 of the 539, 78 Stat. 746); sec. 916, Tax Reform Act such deficiency may be assessed before Code of Federal Regulations as set forth 1969 ( 83 Stat. 723) ] the expiration of such 2-year period not­ in tentative form below. withstanding the provisions of any law or The proposed revision codifies for the P ar. 2. Section 1.453-8 is amended by rule of law which would otherwise pre­ first time many rules, practices and pro­ revising paragraph (c) and by adding a vent such assessment. cedures heretofore contained only 111 new paragraph (d). These amended and (ii) If refund or credit of any over­ memoranda and instructions, and is de­ added provisions read as follows: payment, resulting from a revocation of signed to bring all procedures into line

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 PROPOSED RULE MAKING 18393 as far as practicable with the general Subpart G— Wills (f) “Hearing Examiner” (hereinafter philosophy of current court rules. In­ Sec. called Examiner) means any employee of cluded are provisions for the approval of 15.60 Making of; approval of as to form; the Office of Hearings and Appeals upon and revocation of. whom authority has been conferred by settlement of disputes by compromise, 15.61 Antilapse provisions. provisions for determination of national­ 15.62 Felonious taking of testator’s life. the Secretary to conduct hearings in ity and non-Indian status, provisions for accordance with the regulations of this the taking of depositions and for dis­ Subpart H— Custody and Distribution of Estates part; — covery procedures, provisions for deter­ 15.70 Custody and control of trust estates. (g) The term “Solicitor” means the mination of escheat of estates, as well 15.71 Summary distribution. Solicitor of the Department of the In­ as procedures applicable to appeals pro­ 15.72 Omitted property. terior or his authorized representative; ceedings before, the Board of Indian 15.73 Improperly Included property. 15.74 Distribution of estates. (h) The term “Department” means Appeals. the Department of the Interior; It is the policy of the Department of Subpart I— Miscellaneous (i) The term “parties in interest” the Interior, whenever practicable, to 15.80 Probate fees. means any presumptive or actual heir, afford the public an opportunity to par­ 15.81 Claims for attorney fees. any beneficiary under a will, and any ticipate in the rule making process. Ac­ Subpart J— Appeals to the Board of Indian party asserting a claim against a de­ cordingly, interested persons may submit Appeals ceased Indian’s estate; written comments, suggestions, or objec­ (j) The term “minor” means an indi­ tions with respect to the proposed revised 15.90 Who may appeal. 15.91 Appeals; how taken. vidual who has not reached his majority regulations to the Director, Office of 15.92 Appeal file. as defined by the laws of the State where Hearings and Appeals, Attention: Spe­ 15.93 Notice of transmittal of appeal file. the deceased’s property is situated; cial Assistant to the Director (Regula­ 15.94 Docketing. (k) The words “childv or “children” tions), 4015 Wilson Boulevard, Arling­ 15.95 Pleadings. ton, VA 22203, within 30 days from the 15.96 Decisions. include adopted child or children; date of publication of this notice in the (l) The words “will” and “last will and Authority: The provisions of this Part 15 testament” include codicils thereto; Federal R egister. issued under secs. 1, 2, 36 Stat. 855, as amended, 856, as amended, sec. 1, 38 Stat. (m) The term “trust property” means Dated: November 25, 1970. 586, 42 Stat. 1185, as amended, secs. 1, 2, 56 real or personal property title to which Stat. 1021, 1022; 25 U.S.C. 372, 373, 874, 377, Walter J. H ickel, is in the United States for the benefit of Secretary of the Interior. 373a, 373b, and Release No. 1213 of July 17, an Indian. In this part “restricted prop­ 1970 (211 DM 13), 35 F.R. 12081 (July 28, erty” (real or personal property held by Part 15 of Title 25 of the Code of Fed­ 1970). an Indian which he may not alienate eral Regulations is revised to read as Subpart A—-Scope of Regulations; without the consent of the Secretary or follows: Definitions; General Authority of his authorized representative) is treated as if it were trust property. Subpart A— Scope of Regulations; Definitions; Examiners General Authority of Examiners § 15.02 -General authority of Examiners. Sec. § 15.00 Scope of regulations. (a) Administration of estates. The 15.00 Scope of regulations. The regulations in this part govern the 15.01 Definitions. heirs of Indians who die intestate pos­ 15.02 General authority of Examiners. procedures in settlement of estates of sessed of trust property shall be deter­ deceased Indians who die possessed of mined by Examiners, except as otherwise Subpart B— Commencement of Probate trust property, except deceased Indians provided in §§ 15.41 and 15.71. The wills Proceedings of the Five Civilized Tribes, deceased of deceased Indians disposing of trust 15.10 Commencement of probate. Osage Indians, and the members of any property shall be approved or disap­ 15.11 Notice. tribe organized under section 16 of the 15.12 Contents of notice. proved by Examiners, Claims against the Act of June 18, 1934 (48 Stat. 987), to estates of deceased Indians shall be Subpart C— Depositions and Discovery the extent that the constitution, bylaws, allowed or disallowed by Examiners in or charter of such tribe may be incon­ accordance with this part. 15.20 Production of documents for inspec­ sistent with this part. tion and copying. (b) Determinations as to nonexistent 15.21 Depositions. ^ § 15.01 Definitions. persons and other irregularities of allot­ 15.22 Written Interrogatories; admission of facts and documents. As used in this part: ments. (1) An Examiner may hear and 15.23 Objections to and limitations on pro­ (a) The term “Secretary” means the determine the question of whether a duction of documents, depositions, Secretary of the Interior or his author­ trust patent covering allotments of land and interrogatories. ized representative; was issued to a nonexistent person, and 15.24 Failure to comply with orders. (b) The term “Board” means the may hear and determine the question of Subpart D— Hearings Board of Indian Appeals in the Office of whether more than one trust patent Hearings and Appeals, Office of the Sec­ covering allotments of land had been 15.30 Examiner; authority and duties. 15.31 Hearings. retary, authorized by the Secretary to issued to the same person under different 15.32 Evidence. hear, consider, and determine finally for names and numbers or through other 15.33 Witnesses, interpreters, and fees. the Department appeals taken by ag­ errors in identification. 15.34 Supplemental hearings. grieved parties from actions by Exam­ (2) If the Examiner determines under 15.35 Record. iners on petitions for rehearing or subparagraph (1) of this paragraph that Subpart E— Decisions reopening, and allowance of attorneys’ a trust patent did issue to an existing fees; person or that separate persons did re­ 15.40 Decision of Examiner. 15.41 Escheat. (c) The term “Commissioner” means ceive the allotments under consideration \5A2 Compromise settlement. the Commissioner of Indian Affairs or and any one of them is deceased, with­ 15.43 Nationality, status, and related ad­ his authorized representative; out having had his estate probated, he judications. (d) The term “Superintendent” means shall proceed to administer and probate 15.44 Rehearing. the Superintendent or other officer hav­ such estate. 15.45 Reopening. 15.46 Appeals. ing jurisdiction over an estate, includ­ (3) If the Examiner determines under ing area field representatives; subparagraph (1) of this paragraph that Subpart F— Claims (e) The terms “agency” and “Indian a person did not exist or that there was 15.50 Filing and proof of claims; limita- agency” mean the Indian agency or any more than one allotment issued to the tions. other designated office in the Bureau of same person, he shall issue a decision to Prïortty of claims. Indian Affairs having jurisdiction over that effect, giving notice thereof to par­ 15.52 Property subject to claims. trust property; ties in interest as provided in § 15.40(b).

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18394 PROPOSED RULE MAKING

(c) Presumption of death. (1) An Ex­ (d) At the time of commencement ofphotographing, any documents, papers, aminer may receive evidence on and de­ the proceedings,. the Superintendent records, letters, photographs, or other termine the issue of whether a person, shall transmit to the Examiner those tangible things not privileged, relevant by reason of his unexplained absence, Is claims of creditors and other claimants to the issues which are in the other to be presumed dead. which have been filed; and, he shall party’s or custodian’s possession, custody, (2) If the Examiner determines thattransmit immediately any claims sub­ or control. The Examiner upon his own an Indian person possessed of trust prop­ sequently filed against the estate. motion may, at any time prior to closing erty is to be presumed dead, he shall pro­ § 15.11 Notice. the record, make a request on any ceed as provided in paragraph (a) of this interested party or custodian of records section. (a) An Examiner may receive and for the production of material or infor­ hear proofs at a hearing to determine mation not privileged, and relevant to Subpart B— Commencement of the heirs of a deceased Indian or probate the proceeding. Custodians of official Probate Proceedings his will only after he has caused notice records shall furnish and reproduce §15.10 Commencement of probate. of the time and place of the hearing to documents, or permit their reproduction, be posted at least 20 days in five or more in accordance with the rules governing (a) Within the first 7 days of each conspicuous places in the vicinity of the the custody and control thereof. month each Superintendent shall pre­ proposed place of hearing, and he may pare and furnish to the Examiner of tbe cause postings in such other places as § 15.21 Depositions. appropriate district, a list of the names he deems appropriate. (a) Application for taking deposition. of all Indians not previously reported by (b) The Examiner shall serve a copy When a party in interest files a written him who died leaving trust property of the notice on each party in interest application, the Examiner may at any under his jurisdiction. reported to the Examiner and on attest­ time thereafter order the taking of the (b) Within 30 days of receipt of notice ing witnesses if a will is offered: sworn testimony of any person by deposi­ of death of an Indian who died owning -(1) By personal service in sufficient tion upon oral examination for the pur­ trust property, the Superintendent hav­ time in advance of the date of the hear­ pose of discovery or for use as evidence ing jurisdiction thereof shall commence ing to enable the person served to attend at a hearing. The application shall be in the probate of the trust estate by filing the hearing; or writing and shall set forth: with the appropriate Examiner all data (2) By mail, with postage prepaid, ad­ (1) The name and address of the pro­ shown in the records relative to the fam­ dressed to the person at his last known posed deponent; ily of the deceased and his property. The address, in sufficient time in advanee of (2) The name and address of that data shall include but is not limited to: the date of the hearing to enable the person, qualified under paragraph (c) of (1) A copy of the death certificate or addressee served to attend the hearing. this section to take depositions, before its equivalent; The Examiner shall cause a notation as whom the proposed examination is to be (2) Data on vital statistics certified to the date and manner of service to be made; by the Superintendent, on a form ap­ (3) The proposed time and place of made on the record c o d v of the notice. proved by the Director, Office of Hear­ the examination, which shall be at least ings and Appeals; (c) All parties in interest, known and 20 days after the date of the filing of the (3) A certified inventory of the trust unknown, including creditors, shall be application; and real and personal property wherever bound by the decision based on such (4) The reasons why such deposition situated, in which the deceased had any hearing if they lived within the vicinity should be taken. right, title or interest at the time of his of any place of posting during the post­ (b) Order for taking deposition. If death (including all money sen d credits ing period, whether they had actual after examination of the application the in a trust status whether in the form notice of the hearing or not. A presump­ Examiner determines that the deposition of bonds, undistributed judgment funds tion of actual notice shall arise upon the should be taken, he shall order its taking. or any other form), showing both the mailing of such notice at a reasonable The order shall be served upon all parties total estimated value of the real prop­ time prior to the hearing, unless the said in interest and shall state: erty and the estimated value of the notice is returned by the postal service (1) The name of the deponent; deceased’s interest therein, and the to the Examiner’s office unclaimed by the (2) The time and place of the exami­ amount and names and addresses of addressee. nation (which shall not be less than 15 parties having an approved incumbrance § 15.12 Contents of notice. days after the date of the order); and against the estate; (3) The name and address of the (4) The original and copies of all In the notice of hearing, the Examiner officer before whom the examination is wills in the Superintendent’s custody, shall specify that at the stated time and to be made. The officer and the time and if any; the original and copies of codi­ place he will take testimony to determine place need not be the same as those cils to and revocations of wills, if any; the heirs of the deceased person (naming requested in the application. and any paper, instrument, or document him) and, if a will if offered for probate, (c) Qualifications of officer. The depo­ that purports to be a will. testimony as to the validity of the will. nent shall appear before the Examiner (c) The data for heirship findings and The notice shall cite this part as the or before an officer authorized to family history shall contain: authority and jurisdiction for holding administer oaths by the law of the United (1) The facts and alleged facts of the hearing, and shall inform all persons States or by the law of the place of the deceased’s marriages, separations, and having an interest in the estate of the examination. divorces, with copies of necessary sup­ decedent, including persons having (d) Procedure on examination. The porting documents; claims or accounts against the estate, to deponent shall be examined under oath (2) The names and last known ad­ be present at the hearing or their rights or affirmation and shall be subject to dresses of probable heirs and other may be lost by default. cross-examination. The testimony of the known parties in interest, including Subpart C— Depositions and deponent shall be recorded by the officer known possible creditors. Discovery or someone in his presence. An applicant (3) Information on whether the rela­ whose request for the taking of a per­ tionship of the probable heirs to the § 15.20 Production of documents for son’s deposition is granted, shall make deceased arose by marriage, blood, or inspection and copying. his own arrangements for payment of adoption; At any stage of the proceeding, prior any costs incurred. (4) The names, relationships to the to the conclusion of the hearing, upon (e) Submission to witness; changes; deceased, and last known addresses of application of a party in interest filed signing. When the testimony is fully beneficiaries and ^attesting witnesses with the Examiner and upon a showing transcribed, the deposition shall be sub­ when a will or purported will is involved; of good cause therefor, the Examiner mitted to the deponent for examination and may order any other party to the pro­ and shall be read to or by him, unless (5) If will beneficiaries are not prob­ ceeding, or a custodian of records on such examination and reading are able heirs to the deceased, the names of Indians or their trust property, to pro­ waived by the deponent or by all other the tribes in which they are members. duce for inspection and copying or parties in interest. Any changes in form

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 PROPOSED RULE MAKING 18395 or substance which the deponent desires § 15.23 Objections to and limitations on aminer justify all but parties in interest to make shall be entered upon the dep­ production of documents, deposi­ to be excluded from the hearing. osition by the officer with a statement tions, and interrogatories. (b) The proceedings of hearings shall of the reasons given by the deponent for The Examiner, upon motion timely be recorded verbatim and transcribed and making them. The deposition shall then made by any party in interest, proper made a part of the record. be signed by the deponent, unless the notice, and good cause shown, or on his (c) The record shall include a show­ parties in interest by stipulation waive own initiative, may direct that proceed­ ing of the names of all persons who at­ the signing, or the witness is ill or cannot ings under §§ 15.20,15.21, and 15.22 shall tended the hearing. be found or refuses to sign. If the dep­ be conducted only under, and in accord­ osition is not signed by the deponent, ance with, such limitations as he deems § 15.32 Evidence. the officer shall sign it and state on the necessary and appropriate as to docu­ (a) Form and admissibility: Attorneys record the fact of the waiver, or of the ments, time, place and scope. will be required to adhere to the rules of illness or absence of the deponent or the § 15.24 Failure to comply with orders. the state in which the evidence is~taken, fact of the refusal to sign together with except that the Examiner may in his the reason, if any, given therefor; and In the event of the failure of a party discretion permit such deviations and ex­ the deposition may then be used as fully to comply with a request for the produc­ ceptions to such rules as he deems neces­ as though signed, unless the Examiner tion of a document under § 15.20; or on sary and justified. holds that the reason given for refusal the failure of a party to appear for ex­ (b) Wills, validity attested: A prima to sign requires rejection of the deposi­ amination under § 15.21; or on the facie case for the approval of a will in an tion in whole or in part. failure of a party to respond to interroga­ uncontested will case may be made upon (f) Certification by officer. The officer tories or requests for admissions under affidavits by one or both of the attesting shall certify on the deposition that the § 15.22; or on the failure of a party to witnesses, relating facts showing that the deponent was duly sworn by him and comply with an order of the Examiner will was executed in all particulars as re­ that the deposition is a true record of the issued under § 15.23; without, in any of quired by the regulations in this part deponent’s testimony. He shall then se­ such events, showing am excuse or ex­ (§ 15.60) and that the testator was of curely seal the deposition, together with planation satisfactory to the Examiner sound mind at the time of its execution. two copies thereof, in an envelope and for such failure, the Examiner may: Signatures of the testator or of the at­ shall personally deliver or mail the same (a) Decide the fact or issue relating testing witnesses may be admitted or by certified or registered mail to the to the material requested to be produced, proof thereof waived, on the record, or Examiner. or the subject matter of the probable in writing, by any of the heirs at law or (g) Use of depositions. A deposition or­ testimony, in accordance with the claims other parties in interest. dered and taken in accord with the pro­ of the other party in interest or in ac­ visions of this section may be used in a cordance with other evidence available to (c) In contested will cases, if the at­ hearing if the Examiner finds that the the Examiner; or testing witnesses are not reasonably witness is absent and his presence cannot (b) Make such other ruling as he available, the will may be proved by other be readily obtained, that the evidence is determines just and proper. satisfactory evidence. otherwise admissible, and that circum­ Subpart D— H earings § 15.33 Witnesses, interpreters, and fees. stances exists that make it desirable in Interested parties who desire a witness the interests of fairness to allow the dep­ § 15.30 Examiner; authority and duties. to testify or an interpreter to serve at a osition to be used. If a deposition has The authority of the Examiner in all hearing shall make their own arrange­ been taken, and the party in interest on hearings in estate proceedings includes, ments therefor. The Examiner may call whose application it was taken refuses but is not limited to, authority: to offer the deposition, or any part a witness or an interpreter and order thereof, in evidence, any other party in (a) To administer oaths and affirma­ payment to him of per diem, mileage, interest or the Examiner may introduce tions: and subsistence at the same rate as wit­ the deposition or any portion thereof on (b) To issue subpenas under the pro­ nesses called to serve in the U.S. District which he wishes to rely. visions of 25 U.S.C. 374, upon his own Courts receive. The Examiner may allow initiative or within his discretion upon such pay for witnesses and interpreters § 15.22 Written interrogatories; admis­ the request of any party in interest, to called by Indian parties. Upon receipt of sion of facts and documents. any person whose testimony he believes such order, the Superintendent shall pay At any time prior to a hearing and in to be material to a hearing. Upon the said stuns immediately from the estate sufficient time to permit answers to be failure or refusal of any person upon account; if such funds are insufficient, filed before the hearing, a party in inter­ whom a subpena shall have been served then, out of funds as they accrue to such est may serve upon any other party in to appear at a hearing or to testify, the account. interest written interrogatories and re­ Examiner may file a petition in the ap­ § 15.34 Supplemental hearings. quests for admission of facts and docu­ propriate United States District Court for ments by filing such application and the issuance of an order requiring the ap­ After the matter has been submitted requests with the Examiner, who shall but prior to the time the Examiner has pearance and testimony of the witness; rendered his decision, the Examiner may thereupon transmit a copy to the parts (c) To permit any party in interest to in interest for whom they are intended upon his own motion or upon motion of cross-examine any witness; any party schedule a supplemental hear­ Such interrogatories and requests foi (d) To appoint a guardian ad litem admissions shall be drawn with the pur­ ing if he deems it necessary. The notice pose of defining the issues in dispute to represent any minor or incompetent shall set forth the purpose of the supple­ between the parties and to facilitate the party in interest at hearings; mental hearing and shall be served upon Presentation of evidence at the hearing (e) To rule upon offers of proof and all parties in the manner provided in Answers shall be served upon the Exam­ receive evidence; § 15.11. Where the need for such supple­ iner within the 15 days from the date oJ (f) To take and cause depositions to mental hearing becomes apparent during service of such interrogatories or withir be taken and to determine their scope; any hearing, the Examiner may announce such other period of time as may be and the time and place for such supplemental hearing to all those present and no agreed upon by the parties or prescribec (g) To otherwise regulate the course by the Examiner. A copy of the answers of the hearings and the conduct of wit­ further notice need be given to said per­ shall be transmitted by the Examiner te nesses, parties in interest, and attorneys sons. In that event the records shall toe party propounding the interroga­ at law appearing therein. clearly show who was present at the time tories. Within 30 days after service o: of the announcement. § 15.31 Hearings. written interrogatories are made upor § 15.35 Record. him, a party in interest so served maj (a) All testimony in Indian probate (a) After the completion of the hear­ serve cross-interrogatories upon th< hearings shall be under oath and shall Party in interest proposing to take th< be taken in public except in those circum­ ing, the Examiner shall make up the reposition by written interrogatories. stances which in the opinion of the Ex­ official record, containing:

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 No. 234----- 5 18396 PROPOSED RULE MAKING

(1) A copy of the posted public notice of section 2, 56 Stat. 1022, 25 U.S.C. 373b, have been one of those not entitled to of hearing showing the posting certifi­ the Board of Indian Appeals shall make have .his interests held in trust or re­ cations; a determination as to whether the trust stricted status by the United States for (2) A copy of each notice served on character of the same shall continue or the reason that he or they were not of interested parties, showing the mailing not. Indian ancestry, or because he or they certificate; § 15.42 Compromise settlement. were not United States nationals, or for (3) The record of the evidence received other reasons, then upon the filing of a at the hearing, including a transcript of (a) If during the course of the probate petition for reopening of such probate testimony; of an estate it shall develop that an issue wherein facts are alleged in support of (4) Claims filed against the estate; between contending parties is of such the nontrust proposition and further (5) Will and codicils, if any; nature as to be substantial, and it fur­ showing that the final decision in such (6) Inventories and appraisements of ther appears that such issue may be set­ probate does not adjudicate the matter, the estate; tled to the advantage of the parties in the Examiner may reopen the probate (7) Pleadings and briefs filed; interest and to the United States by a notwithstanding the provisions of § 15.45. (8) Special or interim orders; compromise agreement, such an agree­ The Examiner shall issue an appropriate C9) Data for heirship finding and ment may be approved by the Examiner order of reopening for the specific and family history; upon findings that: limited purpose of holding a hearing (10) The decision and the Examiner’s (1) All parties to the compromise are wherein the evidence may be fully pre­ notice thereof; fully advised as to all material facts; sented, after notice given to all known (11) Any other material or documents (2) All parties to the compromise are parties in interest, as provided in § 15.11; deemed material by the Examiner; and fully cognizant of the effect of the com­ and at the conclusion of such hearing, (12) All proceedings incident to the promise upon their rights; and the Examiner shall adjudicate the matter filing and disposition of any petition for (3) It is to the best interest of the and issue an appropriate order that the rehearing. parties to settle rather than to continue interests in question shall remain in trust (b) The Examiner shall lodge the orig­ litigation. or that fee patents shall issue therefor. inal record with the designated title (b) In his determination as to the fair­ (c) As a rule of evidence in adjudicat­ plant in accordance with § 120.1 of this ness of the proposed settlement, the Ex­ ing the matter of racial status and na­ chapter, and a duplicate copy shall be aminer may take and receive evidence tionality, the Examiner shall proceed un­ lodged with the Superintendent originat­ as to the respective values of specific der the presumption that the interest in­ ing the probate. A partial record may items of property. Superintendents and herited or devised is to retain its trust also be furnished to the Superintendents irrigation project engineers shall supply or restricted status. of other affected agencies. all necessary information concerning any liability or lien for payment of irri­ 15.44 Rehearing. Subpart E— Decisions gation construction and of irrigation op­ (a) Any person aggrieved by the de­ §15.40 Decision of Examiner. eration and maintenance charges. cision of the Examiner may, within 60 (a) The Examiner shall decide the is­ (c) Upon an affirmative determination days after the date on which notice of sues of fact and law involved in the pro­ as to all three points specified, the Ex­ the decision is mailed to the interested ceedings and shall incorporate in his aminer shall issue such final order of dis­ parties, file with the Superintendent a decision: tribution in the settlement of the estate written petition for rehearing. Such a (1) In all cases, the names, relation­ as is necessary to accomplish the pur­ petition must be under oath and must ships to the decedent, and shares of pose and spirit of the settlement. Such state specifically and concisely the heirs and citations of the law of descent order shall be construed as any other grounds upon which it is based. If the and distribution in accordance with order of distribution establishing title in petition is based upon newly-discovered which the decision is made; heirs and devisees and shall not be con­ evidence, it shall be accompanied by af­ (2) In testate cases, he shall also in­ strued as a partition or sale transaction fidavits of witnesses stating fully what clude (i) the names of devisees and leg­ within the provisions of Part 121 of this the new testimony is to be. It shall also atees and a description of the property chapter. state justifiable reasons for the failure which each is to receive, and (ii) con­ (d) Examiners are authorized hereun­ to discover and present that evidence, struction of any ambiguous will pro­ der to approve all deeds or conveyances tendered as new, at the hearings held visions; necessary to accomplish a settlement un­ prior to the issuance of the decision. The (3) Allowance or disallowance of der this section. Superintendent, upon receiving a peti­ claims against the estate; § 15.43 Nationality, status, and related tion for rehearing, shall promptly for­ adjudications. ward it to the Examiner. The Superin­ (4) Whether heirs or devisees are non- tendent shall not pay claims or distribute Indians, exclusively alien Indians, or The Examiner shall determine the na­ the estate while such petition is pend­ Indians not subject to Federal super­ tionality and the Indian or non-Indian status of all heirs and devisees and shall ing unless otherwise directed by the vision. Examiner. (b) When the Examiner issues a de­ determine what interests should have a cision, he shall also issue a notice thereof patent in fee issued pursuant to § 121.2 (b) If proper grounds are not shown, to all parties who have or claim any in­ (c) of this chapter. or if the petition is not filed within the terest in the estate and shall mail a copy (a) If, prior to the issuance of the final time prescribed in paragraph (a) of this decision in any probate, it shall appear section, the Examiner shall issue a final of said notice, together with a copy of decision denying the petition and shall the decision to the Superintendent and that one or more of the heirs or devisees to each party simultaneously. The de­ is, or may be, one of that class not en­ set forth his reasons therefor. He shall cision shall not become final and no dis­ titled to have its interests held in trust furnish copies of such order to the peti­ tribution shall be made thereunder until or restricted status by the United States tioner, the Superintendent, and the par­ the expiration of the 60 days allowed for for the reason that he or they are not of ties in interest. the filing of a petition for rehearing by Indian ancestry, or not United States na­ (c) If the petition appears to show aggrieved parties. If no petition for re­ tionals, or for other reasons, a finding in merit, the Examiner shall cause copies of hearing is filed within such time, the regard thereto shall be made by the Ex­ the petition and supporting papers to be Examiner shall notify the Superintend­ aminer based on all available evidence. served on those persons whose interest ent in writing to make distribution. Upon an appropriate finding, a decision in the estate might be adversely affected shall be rendered directing the issuance by the granting of the petition. The § 15.41 Escheat. of a fee patent or patents to the heir ®r Examiner shall allow all persons served An Examiner may hear and decide the devisee. a reasonable, specified time in which to question of escheat of trust estates of (b) If it shall appear from the record, submit answers or legal briefs in opposi­ Indians who have died intestate and or if it shall become evident from other tion to the petition. The Examiner shall without heirs. If the estate consists of sources that one or more of the heirs or then reconsider, with or without hearing land which falls within the provisions devisees in a completed probate shaH as he may determine, the issues raised

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 PROPOSED RULE MAKING 18397 in the petition, and he may adhere to the periods as the Examiner specifies. The (f) Claims sounding in tort not re­ former decision, modify or vacate it, or Examiner shall then reconsider, with or duced to judgment in a court of compe­ make such further order as he deems without hearing as he may determine, tent jurisdiction and other unliquidated warranted. No right of appeal shall lie prior actions taken in the case and may claims not properly within the jurisdic­ from an interlocutory order of the either adhere to the original decision or tion of a probate forum, may be barred Examiner. modify or vacate it. Copies of the Ex­ from consideration by an Examiner’s (d) Upon entry of a final order the aminer’s decision shall be furnished to interim order. Examiner shall lodge the complete record the petitioner, to all persons who re­ § 15.51 Priority o f claims. relating to the petition with the title ceived copies of the petition, and to the plant designated under § 15.35(b), and Superintendent. After allowance of the costs of ad­ furnish a duplicate record thereof to the (d) An Examiner may on his own ini­ ministration, including the probate fee: Superintendent. tiative, or on petition of an officer of (a) Claims shall be allowed priority in (e) Successive petitions for rehearing the Bureau of Indian Affairs, reopen a payment in the following order except as are not permitted, and except for the case within a period of 3 years from otherwise provided in paragraph (b) of issuance of necessary orders nunc pro the date of the final decision. this section: tunc, to correct clerical errors in the (e) The Examiner may order suspen­ (1) Claims for expenses for last ill­ decision, the Examiner’s jurisdiction sion of the distribution of the estate or ness not in excess of $500, and for funeral shall have terminated upon the issuance tjie income therefrom during the pend­ not in excess of $300; of a decision finally disposing of a peti­ ency of reopening proceedings by order (2) Claims of unsecured indebtedness directed to the Superintendent. to the United States or any of its tion for rehearing. (f) The Examiner shall lodge the agencies; (f) At the time the final decision is record made in disposing of a reopen­ (3) Claims of unsecured indebtedness entered following the filing of a petition ing petition with the title plant desig­ to the Tribe of which the decedent was a for rehearing, the Examiner shall direct nated under § 15.35(b). member or to any of its subsidiary a notice of such action with a copy of organizations; the decision to the Superintendent and to § 15.46 Appeals. (4) Claims of general creditors, in­ the parties in interest and shall mail the Any person aggrieved by the action cluding that portion of expenses of last same by regular mail to the said parties taken by the Examiner on a petition for illness not previously authorized in ex­ at their addresses of record. rehearing or a petition for reopening cess of $500 and that portion of funeral (g) No distribution shall be made may file a written notice of appeal to the charges not previously authorized in ex­ under such order for a period of 60 days Board of Indian Appeals in accordance cess of $300; or any extension thereof following the with the regulations set forth in Sub­ (b) The preference of the probate fee mailing of such notice, pending the filing part J of this part. and of other claims may be deferred, in of a notice of appeal by an aggrieved the discretion of the Examiner, in mak­ party as herein provided. If such notice Subpart F— Claims ing adjustments or compromises bene­ is not filed, or not timely filed, the Ex­ § 15.50 Filing and proof of claiins; ficial to the estate. aminer shall notify the Superintendent limitations. (c) No claims of general creditors in writing to make distribution as shall be allowed if the value of the estate ordered. (a) All claims against the estate of a deceased Indian shall be filed with either is $2,500 or less and the decedent is sur­ § 15.45 Reopening. ' the Superintendent or the Examiner vived by a spouse or by one or more minor children. If the income of the estate is (a) Within a period of 3 years from prior to the first hearing. If a claim is not filed prior to the conclusion of the not sufficient to permit the payment of the date of a final decision issued by an allowed claims of general creditors Examiner under this subpart, or a final first hearing, it shall be forever barred. (b The claims of non-Indians shall within 3 years from the date of allow­ decision by the Board of Indian Appeals ance, the unpaid balance of such claims under Subpart J of this part, but not be filed in triplicate, itemized in detail as to dates and amounts of charges for shall not be enforceable against the thereafter except as provided in § 15.43, estate or any of its assets. any person claiming an interest in the purchases or services and dates and estate who had no actual notice of the amounts of payments on account. Such § 15.52 Properly subject to claims. original proceedings and who was not on claims §hall show the names and ad­ Claims are payable from income from the reservation or otherwise in the vicin­ dresses of all parties in addition to the the lands remaining in trust. Further, ity at any time while the public notices decedent from whom payment might be sought. Each claim shall be supple­ all trust moneys of the deceased on hand of the hearing were posted may file a or accrued at time of death, including petition in writing for reopening of the mented by an affidavit, in triplicate, of the claimant or someone in his behalf bonds, unpaid judgments, and accounts case. Any such petition shall be addressed receivable may be used for the payment to the Examiner and filed at his head­ that the amount claimed is justly due from the decedent, that no payments of claims, whether the right, title, or quarters. A copy of such petition shall be interest that is taken by an heir, devisee, furnished also by the petitioner to the have been made on the account that are not credited thereon as shown by the or legatee remains in or passes out of Superintendent. All grounds for the re­ trust. opening must be set forth fully. If based itemized statement, and that there are on alleged errors of fact, all such alle­ no offsets to the knowledge of the Subpart G— Wills gations shall be under oath and sup­ claimant. §~15.60 Making of; approval of as to ported by affidavits. (c) Claims of individual Indians form ; and revocation of.

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18398 PROPOSED RULE MARINO contents prior to the death of the hearing, the persons notified and attend­ ment, or after approval of any will dis­ testator. ing, the amount on hand, and the disposi­ posing of such trust or restricted prop­ (c) The testator may, at any timetion thereof. In the disposition of such erty, the following fees shall be paid (a) during his lifetime, revoke his will by a funds, the Examiner or Superintendent by the heirs, or (b) by the beneficiaries subsequent will or other writing exe­ shall dispose of creditors’ claims as pro­ under the will, or (c) from the estate of cuted with the same formalities as are vided in § 15.51. The Superintendent the decedent, or (d) from the proceeds required in the case of the execution of shall credit the balance, if any, to the of the sale of the allotment, or (e) from a will, or by physically destroying the legal heirs. any trust funds belonging to the estate will with the intention of revoking it. § 15.72 Omitted property. of the decedent: No will that is subject to the regulations On estates appraised at: - of this part shall be deemed to be re­ (a) When, subsequent to the issuance $250 and not exceeding $1,000_____ $20 voked by operation of the law of any of a decision under § 15.40 or § 15.96, it Over $1,000 and less than $2,000___ 25 State. is found that property belonging to a $2,000 and not exceeding $3,000____ 30 decedent has not been included in the in­ Over $3,000 and not exceeding § 15.61 Antilapse provisions. ventory, the inventory can be modified $5,000 ______50 When an Indian testator devises or administratively by the Bureau of Indian Over $5,000 ' and not exceeding bequeaths trust property to any of his Affairs under the terms of such decision $7,500 ______— 65 lineal descendants, mother or father, to include such omitted property. Copies Over $7,500...... —__ 175 brothers or sisters, either of the whole or of such modifications shall be furnished 1 (45 Stat. 992; 25 U.S.C. sec. 377 (1964)) half-blood or their issue, and the devisee to the Superintendent and to all those § 15.81 Claims for attorney fees. or legatee dies before the testator, leav­ persons who share in the estate where no ing lineal descendants, then they shall judicial determination is required. Attorneys representing Indians under take the right, title, or interest so given (b) When the property to be included the regulations in this part shall be by the will in the same manner as the takes a different line of descent from that allowed compensation on a quantum devisee or legatee would have done had shown in the original decision, the Bu­ meruit basis. In determining attorneys' he survived the testator. Relationship reau of Indian Affairs shall notify the fees, the Examiner shall give considera­ by adoption shall be equivalent to rela­ Examiner who shall notice and hold a tion to any fee contract with the at­ tionship by blood. hearing when necessary to determine the torney, to the fact that the property of heirs thereto, in accordance with this the decedent is restricted or held in trust, § 15.62 Felonious taking of testator’s that the rights of all interested parties life. part, and shall issue a modification order which shall include a determination of must be evaluated, and that without ade­ No person who has been finally con­ heirs and, if an approved will is involved, quate representation those rights may be victed of feloniously causing the death distribution thereunder. The Examiner endangered. Such fees as are allowed or taking the life of, or procuring an­ shall transmit his order, issued under may be charged only against the inter­ other person to take the life of, the tes­ this paragraph, by notice as provided in ests of the attorneys’ clients. They may, tator, shall take directly or indirectly § 15140(b) and lodge the record of such in the Examiner’s discretion, be taxed any devise or legacy under deceased’s proceedings with the title plant desig­ as a cost of administration with the will. All right, title, and interest exist­ nated under § 15.35(b). priority of payment as against other ing in such a situation shall vest and be allowed claims to be fixed in the decision. determined as if the person convicted §15.73 Improperly included property. Subpart J— Appeals to the Board of never existed, nothwithstanding § 15.61. When, subsequent to a decision under Indian Appeals Subpart H— Custody and Distribution § 15.40 or § 15.96, it is found that prop­ erty has been improperly included in of Estates § 15.90 Who may appeal. the inventory of an estate, the inventory Any party aggrieved by the action § 15.70 Custody and control of trust shall be modified to eliminate the prop­ taken by an Examiner on a petition for estates. erty improperly included therein. Cop­ rehearing, on a petition for reopening, or The Superintendent may assume cus­ ies of such modification may be fur­ with respect to allowance of attorneys’ tody or control of all trust personal prop­ nished to the Superintendent and to all fees, shall have a right of appeal to the erty of a deceased Indian and he may those persons who share in the estate. Board of Indian Appeals, except as to take such action, including sale thereof The record of any such proceeding shall actions bf the Examiner which have been as, in his judgment, is necessary for the be lodged with the title plant designated approved by the Secretary. No issue will benefit of the estate, the heirs, legatees, under § 15.35(b). be considered on appeal, however, which and devisees, pending entry of the deci­ § 15.74 Distribution of estates. was not raised before the Examiner by sions provided for in § 15.40, § 15.44, or (a) Upon receipt of written authori­ petition or otherwise prior to the issuance § 15.96 or decisions in the settlement of zation, order, or decision from the Ex­ of the Examiner’s decision. the estate as provided for in § 15.71. All expenses, including expenses of roundup, aminer, the Superintendent shall pay al­ § 15.91 Appeals; how taken. lowed claims and distribute the estate (a) Notice of appeal. The appellant branding, care, and feeding of livestock, and take all necessary action directed in shall be a proper charge against the the decision. shall file a written notice of appeal, estate and may be paid by the Superin­ signed by him or by his attorney or other tendent from those funds of the de­ (b) The Superintendent may not pay qualified representative, in the office of ceased that are under his control, or claims nor make distribution of an estate the Examiner who issued the decision from the proceeds of a sale of the prop­ during the pendency of proceedings un­ being appealed, within 60 days (or any erty or a part thereof. der § 15.44 or § 15.45 unless the Examiner authorized extension of such period) orders otherwise in writing. The Board after the date of the mailing of the no­ § 15.71 Summary distribution. may, at any time, authorize the Examiner tice of the decision being appealed. The When an Indian dies intestate leaving to issue interim orders for payment of notice of appeal shall indicate that an only trust personal property or cash of a claims or for partial distribution during appeal is thereby intended and shall give value of less than $1,000, the Examiner the pendency of proceedings instituted under Subpart J of this part. . a concise but complete statement of the may, or the Superintendent shall, as­ reasons for the appeal. One amendment semble the apparent heirs and hold an Subpart I-—Miscellaneous informal hearing with a view to the to the notice of appeal may be permitted proper distribution thereof. A memo­ § 15.80 Probate fees. if filed within 10 days of the original randum covering the hearing shall be Upon a determination of the heirs to filing. Any amendment shall be signed retained in the agency files showing the any trust or restricted Indian property of also by the appellant or by his attorney date of death of the decedent, the date of the value of $250 or more or to any allot­ or other qualified representative.

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 PROPOSED RULE MAKING 18399

(b) Service of copies of notice of ap­ tions and supporting authorities, all (iv) The relationship between.. local peal. The appellant shall hand deliver, hereinafter called brief, within 30 days short term uses of man’s environment or forward by certified mail, the original of the mailing of the notice of docketing. and the maintenance and enhancement notice of appeal and any amendment He shall serve a copy of said brief upon of long term productivity, thereto, to the Examiner, and in a like all other interested parties or their coun­ (v) Any irreversible and irretrievable manner, one copy of the notice and of sel and a certificate or an affidavit to commitments of resources which would any amendment to the Board. It is a that effect shall be filed with said brief. be involved in the proposed action jurisdictional requirement that at the Opposing parties or their counsel shall should it be implemented. time of filing the original notice he shall have 30 days from the date of filing of Executive Order No. 11514 further forward copies of the notice of appeal appellant’s brief with the Board in directs Federal agencies to develop pro­ by regular mail or otherwise to all Su­ which to file any answer briefs, copies grams and measures to protect and en­ perintendents named on the Examiner’s of which shall also be served upon the hance environmental quality and bring notice of decision, to all parties who appellant or his counsel and a certifi­ other policies into conformance with the share in the estate under the decision cate or an affidavit to that effect shall intent, purpose, and procedures of the being appealed, and to any other parties be filed concurrently with the Board. Act. who have appeared of record. The notice (b) Appellant shall have 15 days from Because approval of a right-of-way of appeal shall have attached thereto a the date of filing of answer briefs in over public lands and reservations for certificate if filed by an attorney of rec­ which to reply to any issues raised, but power transmission lines may be a major ord, or an affidavit if filed by a non­ he shall not raise any new issues therein. Federal action significantly affecting the attorney, setting forth the names of A certificate or an affidavit showing serv­ environment, the granting agency must parties served and their last known ad­ ice of said briefs upon all opposing par­ carefully assess its environmental im­ dress to which the notice was mailed. ties or their counsel shall be filed con­ pact. It is the purpose of the following Any amendments to the notice of appeal currently therewith. Except by special amendment to the departmental regula­ shall be served on the same parties in permission of the Board, no other briefs tions to require that this be done and like manner, and similar evidence of will be allowed on appeal. that the preparation of* an environ­ service must be filed with regard thereto. § 15.96 Decisions. mental statement be made when re­ (c) Action by Examiner. The Exam­ quired by the Act and the regulation. iner receiving the notice of appeal shall Decisions of the Board will be made The amendment also requires that ap­ forthwith advise the Board if the notice in writing. Copies thereof will be for­ proval of an application for right-of-way was not timely filed and shall file the warded simultaneously to all parties con­ for a power transmission line be withheld original as a part of the record. He shall cerned, to the Examiner, the Superin­ if the beneficial purposes and effects of direct the title plant designated under tendent, the Commissioner, the title the project will be outweighed by an § 15.35(b) to copy the same and forward plant designated under § 15.35(b), and adverse environmental impact. the original to the Board promptly, in to such other persons as the Board in its any event within 10 days. discretion deems appropriate. The Ex­ Interested persons may, within 30 days after publication hereof in the F ederal § 15.92 Appeal file. aminer shall issue any implementing or supplemental order which may be nec­ R egister, file with the Bureau of Land The appeal file shall include the full essary in accordance with the Board’s Management, Department of the In­ record unless by stipulation filed with decision and shall notify the same par­ terior, 18th and C Streets NW., Wash­ the notice, the parties shall specify only ties who received the decision of the ington, DC 20240, written comments, a part thereof. Board and the title plant designated suggestions, or objections respecting the § 15.93 Notice of transmittal of appeal under § 15.35(b). amendment. Comments, suggestions, or file. objections received will be given con­ [F.R. Doc. 70-16193; Filed, Dec. 2, 1970; sideration in the preparation final rules. At the time of the transmittal of the 8:47 a.m.] appeal file to the Board, the officer shall Walter J. H ickel, notify the appellant and afford him an Secretary of the Interior. Bureau of Land Management opportunity to examine the same at the N ovember 25, 1970. office of the transmitting officer, at the [ 43 CFR Part 2850 1 office of the Board, or at a suitable al­ Part 2850 of Chapter n of Title 43 of ternative Departmental office for the POWER TRANSMISSION LINES the Code of Federal Regulations is purpose of satisfying himself as to the amended by adding the following to contents, and furnishing or suggesting Description of Environmental Impact § 2851.2-1 (c ): any additional documentation deemed The National Environmental Policy § 2851.2—1 Applications. by him to be material to the appeal. With Act of 1969, 42 U.S.C. 4321, declares that ***** his transmittal to the Board, the trans­ Federal agencies are to use all prac­ (c) Required showings. * * * mitting officer shall certify that the ap­ ticable means, consistent with other es­ pellant has been provided with the sential considerations of national policy, (6) A detailed description of the en­ above-described notice and a showing as to improve and coordinate Federal plans, vironmental impact of the project shall to whether the appellant has availed functions, programs, and resources for be included with the application. It shall himself of the opportunity provided. the protection and enhancement of en­ provide, among other things* informa­ § 15.94 Docketing. vironmental quality; requires the pol­ tion about the impact of the project on air and water quality, scenic and esthetic Following receipt by the Board of the icies, regulations, and public laws of the United States to be interpreted and ad­ features, historical and archeological appeal file it shall be promptly, and in features, and wildlife, fish, and marine any event within 10 days, docketed and ministered in accordance with the pol­ icy; and directs Federal agencies to life. It shall also indicate whether the all of the following parties advised of proposed site, design, and construction its docketing: The appellant, the Exam­ include as part of any major Federal action significantly affecting the quality of the project is consistent with such en­ iner whose decision is being appealed, vironmental criteria and guidelines as and all interested parties as shown by of the human environment a detailed the record on appeal. Said notice shall environmental statement on the Department shall from time to time further advise the appellant and all other (i) The environmental impact of the prescribe. The application shall be ap­ parties of the time limitations within proposed action, proved only if it is determined that the which briefs may be filed as set forth (ii) Any adverse environmental ef­ beneficial purposes and effects of the herein. fects which cannot be avoided should project will not be outweighed by an § 15.95 Pleadings. the proposal be implemented, adverse environmental impact. The appellant may file a brief or (iii) Alternatives to the proposed [F.R. Doc. 70- 16220; Filed, Dec. 2, 1970; other written statement of his conten­ action, 8:50 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18400 PROPOSED RULE MAKING

keting quotas for 3 successive years this authority, the Secretary has deter­ DEPARTMENT OF AGRICULTURE subsequent to 1952, thereafter a national mined (15 F.R. 8214) that type 46 marketing quota shall not be proclaimed tobacco shafirfoe treated as a separate Agricultural Stabilization and hereunder which would be in effect for kind of tobacco for purposes of market­ Conservation Service any marketing year within the 3-year ing quotas and price supports. Pursuant period for which national marketing to such authority, the Secretary has also [ 7 CFR Parts 723, 724 1 quotas previously proclaimed were dis­ determined (22 F.R. 367) that Cigar- TOBACCO approved by producers, unless prior to binder (types 51 and 52) tobacco, be­ November 10 of the marketing year one- ginning with the 1957-58 marketing year, Notice of Determinations To Be Made fourth or more of the farmers engaged in shall be treated as a separate kind of With Respect to Marketing Quotas the production of the crop of tobacco tobacco for purposes of marketing for 1971-72, 1972-73, and 1973- harvested in the calendar year in which quotas and price supports. Type 45 tobacco is no longer grown. 74 Marketing Years such marketing year begins petition the Secretary, in accordance with such regu­ Section 3t2(b) of the Act (7 U.S.C. Pursuant to and in accordance with lations as he may prescribe, to proclaim 1312(b)) provides that the Secretary the Agricultural Adjustment Act of 1938, a national marketing quota for each of shall determine and announce, not latèr as amended (7 U.S.C. 1281 et seq., here­ the next 3 succeeding marketing years. than the first day of February 1971 with inafter referred to as the Act), the Sec­ The Secretary has previously pro­ respect to kinds other than flue-cured retary is preparing (1) with respect to claimed quotas and conducted referenda tobacco, the amount of the national mar­ Burley, Maryland, Virginia sun-cured, for the various kinds of tobacco with keting quota which will be in effect for and Cigar-filler (type 41) tobacco, to pro­ results as follows: Fired-cured for the the 1971-72 marketing year in terms of claim national marketing quotas for the 1970-71, 1971-72, and 1972-73 marketing the total quantity of tobacco which may 1971-72, 1972-73, and 1973-74 market­ years, approved by growers (35 F.R. be marketed which will make available ing years, and to conduct within 30 days 4945); Burley for the 1968-69, 1969-70, during such marketing year a supply of after the proclamation of such national and 1970-71 marketing years, approved each kind of tobacco equal to the reserve marketing quotas referenda of farmers by growers (33 F.R. 5038); Maryland for supply level. Section 312(b) provides fur­ engaged in the 1970 production of each the 1968-69, 1969-70, and 1970-71 mar­ ther that the amount of the 1971-72 of such kinds of tobacco to determine keting years, disapproved by growers national marketing quota (determined whether they favor or oppose marketing (33 F.R. 4787); Dark air-cured for the pursuant to such section) may, not later quotas for such years; and (2) with re­ 1970-71, 1971-72, and 1972-73 marketing than March 1, 1971, be increased by not spect to Fire-cured (type 21), Fire-cured years, approved by growers (35 FJt. more than 20 percentum if the Secretary (types 22-24), Burley, Maryland, dark 4945); Virginia sun-cured for the determines that such increase is neces­ air-cured, Virginia sun-cured, Cigar filler 1968-69, 1969-70, and 1970-71 marketing sary in order to meet market demands (type 41), cigar-binder (types 51 and years, approved by growers (33 F.R. or to avoid undue restrictions of market­ 52), and Cigar-filler and binder (types 5038); Cigar-filler (type 41) for the ings in adjusting the total supply to the 42-44, 53-55) tobacco, to determine and 1968-69, 1969-70, and 1970-71 marketing reserve supply level. announce the national marketing quotas years, disapproved by growers (33 F.R. The Act (7 U.S.C. 1301(b) ) defines the for the 1971-72 marketing year; to con­ 4787); Cigar-binder (types 51 and 52) “total supply” of tobacco for any mar­ vert such marketing quotas into national for the 1969-70, 1970-71, and 1971-72 keting year as the carryover at the be­ acreage allotments and announce such marketing years, approved by growers (34 ginning of the marketing year (on Janu­ allotments; to apportion such national F.R. 5903 )f and Cigar-filler and binder ary i of such marketing year in the case acreage allotments, less reserves of not (types 42-44, 53-55) for the 1969-70, of Maryland tobacco), plus the estimated to exceed 1 percentum of each respec­ 1970-71, and 1971-72 marketing years, production in the United States during tively, through the local committees approved by growers (34 F.R. 5903). the calendar year in which such market­ among old farms; to apportion the afore­ Section 301(b) (15) of the Act (7 U.S.C. ing year begins. “Reserve supply level” is mentioned reserves for use in (a) estab­ 1301(b) (15)) defines “tobacco” as each defined as the normal supply plus 5 per lishing acreage allotments for new farms one of the kinds of tobacco listed below centum thereof. “Normal supply” is de­ and (b) making corrections and ad­ comprising the types specified as classi­ fined as a normal year’s domestic con­ justing inequities in old farm allotments. fied in Service and Regulatory An­ sumption and exports, plus 175 per cen­ The Act (7 U.S.C. 1312(a)) provides nouncement Numbered 118 (Part 30 of tum of a normal year’s domestic con­ that the Secretary shall proclaim not this title) of the former Bureau of sumption and 65 percentum of a normal later than February 1 of any marketing Agricultural Economics of the Depart­ year’s exports. A “normal year’s domes­ year, with respect to these kinds of to­ ment: tic consumption” is defined as the yearly bacco, a national marketing quota for Flue-cured tobacco, comprising types 11, 12, average quantity produced in the United any of such kinds of tobacco for each of 13, and 14; States and consumed in the United States the next 3 succeeding marketing years Fire-cured tobacco, comprising type 21; during the 10 marketing years immedi­ whenever he determines with respect to Fire-cured tobacco, comprising types 22, 23, ately preceding the marketing year in such kind of tobacco— and 24; which such consumption is determined, (1) That a national marketing quota Dark air-cured tobacco, comprising types 35 adjusted for current trends in such con­ has not previously been proclaimed and and 36; Virginia sun-cured tobacco, comprising type sumption. A “normal year’s exports” is the total supply as of the beginning of 37; defined as the yearly average quantity such marketing year exceeds the reserve Burley tobacco, comprising type 31; produced in the United States which was supply level therefor; Maryland tobacco, comprising type 32; exported from the United States during (2) That such marketing year is the Cigar-filler and cigar-binder tobacco, com­ the 10 marketing years immediately pre­ last year of 3 consecutive years for prising types 42, 43, 44, 45, 46, 51, 52, 53, 54, ceding the marketing year in which such which marketing quotas previously pro­ and 55; and Cigar-filler tobacco, compris­ exports are determined, adjusted for cur­ claimed will be in effect; ing type 41. rent trends in such exports. (3) That amendments have been made Section 301(b) (15) also provides that The Act (7 U.S.C. 1312(c)) requires in provisions for establishing farm acre­ any one or more of the types comprising that within 30 days after national mar­ age allotments which will cause material any such kind of tobacco shall be treated keting quotas are proclaimed under sec­ revision of such allotments before the as a “kind of tobacco” for the purposes tion 312(a) of the Act for a kind of end of the period for which quotas are in of the Act if the Secretary finds that tobacco, the Secretary shall conduct a effect; or there is a difference in supply and de­ referendum of farmers engaged in the (4) That a marketing quota previously mand conditions as among such types production of the crop of such kind of proclaimed for such marketing year is of tobacco which results in a difference tobacco harvested immediately prior to not in effect because of disapproval by in the adjustments needed in the mar­ the holding of the referendum to deter­ producers: Provided, That if such pro­ ketings thereof in order to maintain sup­ mine whether such farmers are in favor ducers have disapproved national mar- plies in line with demand. Pursuant to of or opposed to quotas for the next 3

FEDERAL REGISTER, VOL. 35, 140. 234— THURSDAY, DECEMBER J, 1970 PROPOSED RULE MAKING 18401 succeeding marketing years. If more than than the program on an acreage basis. Consumer and Marketing Service one-third of the farmers voting in a Should the making of such a determina­ referendum for a kind of tobacco oppose tion he considered probable for this kind 17 CFR Part 10401 quotas, such results shall be proclaimed of tobacco, public hearings will be con­ MILK IN SOUTHERN MICHIGAN by the Secretary and the national mar­ ducted in the areas where such tobacco MARKETING AREA keting quotas so proclaimed shall not be is produced for the purpose of ascertain­ in effect but such results shall in no way ing and taking into consideration the Notice of Proposed Suspension of affect or limit the subsequent submission attitudes of producers and other inter­ Certain Provision of Order to a referendum, as otherwise provided ested persons with respect to acreage- in section 312 of the Act (7 U.S.C. 1312), poundage quotas. There is no provision Notice is hereby given that, pursuant of national marketing quotas. under which acreage-poundage quotas to the provisions of the Agricultural The Act (7 U.S.C. 1313(g)) authorizes may be offered on burley, Maryland, Vir­ Marketing Agreement Act of 1937, as the Secretary to convert the national ginia sun-cured, or Cigar-filler (type 41) amended (7 U.S.C. 601 et seq.), the sus­ marketing quota into a national acreage tobacco for the 1971-72 marketing year. pension of a certain provision of the allotment on the basis of the national The subjects and issues involved in order regulating the handling of milk in average yield for the 5 years immediately making the determinations described in the Southern Michigan marketing area preceding the year in which the national this notice are: is being considered for the months of marketing quota is proclaimed, and to 1. The amount of the national mar­ January through June 1971. apportion the national acreage allotment keting quota for each kind of tobacco All persons who desire to submit writ­ (less a reserve of not to exceed 1 per- for the 1971-72 marketing year. ten data, views, or arguments in con­ centum thereof for new farms and for 2. The conversion of the national mar­ nection with the proposed suspension keting quotas into national acreage should file the same with the Hearing making corrections and adjusting inequi­ Clerk, Room 112-A, Administration ties in old farm allotments) among old allotments and apportionment of same, less reserve of not to exceed 1 percent Building, U.S. Department of Agricul­ farms. ture, Washington, DC 20250, not later The Act (7 U.S.C. 1313(g)) also pro­ thereof, among old farms. 3. The amounts of the national acre­ than 7 days from the date of publication vides that any acreage of tobacco har­ of this notice in the F ederal R egister. vested in excess of the farm acreage al­ age allotments to be reserved for new farms, and for making corrections All documents filed should be in lotment for the year 1955 or any subse­ quadruplicate. quent crop shall not be taken into and adjusting inequities in old farm allotments. All written submissions made pursuant account in establishing * * * farm to this notice will be made available for acreage allotments. 4. The date(s) or period(s) of the four referenda on quotas for the 1971-72, public inspection at the office of the The Act (7 U.S.C. 1313 (i)) provides 1972-73, and 1973-74 marketing years Hearing Clerk during regular business that notwithstanding any other provi­ for Burley, Maryland, Virginia sun- hours (7 CFR 1.27(b) ). sion of the Act, whenever after ^investi­ cured, and Cigar-filler (type 41) tobacco, The provision proposed to be suspended gation the Secretary determines with re­ and whether any or all of the referenda is the word “yogurt” in § 1040.12. This spect to any kind of tobacco that a sub­ should be conducted at polling places section défines a “fluid milk product.” stantial difference exists in the usage or rather than by mail ballot (31 F.R. The suspension would result in yogurt market outlets for any one or more of 12011). being classified during the January-June the types comprising such kind of to­ 5. Whether the Secretary should de­ 1971 period as a Class HI product rather bacco and that the quantity of tobacco termine that any one or more of the than as a Class I product. A similar of such type or types to be produced un­ types comprising a kind of tobacco suspension now in effect will expire on der marketing quotas and acreage allot­ should be treated as a separate kind of December 31,1970. ments established pursuant to this sec­ Handlers who distribute a major por­ tion would not be sufficient to provide tobacco under section 301(b) (15) of the Act. tion of the producer milk on the South­ an adequate supply for estimated market ern Michigan market have requested demands and carryover requirements for 6. Whether the Secretary should take that the present suspension be continued such type or types of tobacco, the Sec­ any action under section 313(i) of the for several months beyond the Decem­ retary shall increase the marketing Act. ber expiration date. It is the position quotas and acreage allotments for farms 7. Whether the Secretary should offer of these parties that the marketing con­ producing such type or types of tobacco acreage-poundage quotas on any kind or ditions prompting the earlier suspension in the preceding year to the extent nec­ kinds of tobacco. action have not changed materially. essary to make available a supply of such Consideration will be given to data, They maintain that without continua­ type or types of tobacco adequate to meet views, and recommendations pertaining tion of the suspension Southern Michi­ such demands and carryover require­ to the proposed determinations covered gan handlers would be unable to com­ ments; the increases in farm marketing by this notice which are submitted in pete for yogurt sales on a comparable quotas and acreage allotments shall be writing to the Director, Tobacco Division, cost basis with handlers in neighboring made on the basis of the production of Agricultural Stabilization and Conser­ markets who are required to pay sub­ such type or types of tobacco during the vation Service, U.S. Department of Agri­ stantially less than the Class I price for period of years considered in establish­ culture, Washington, D.C. 2D250. All milk used in yogurt. ing farm marketing quotas and acreage written submissions made pursuant to A hearing was held recently on the allotments for such kind of tobacco; the the notice will be made available for classification of yogurt and other prod­ additional production authorized by sec­ public inspection at such time and in a ucts in some of the markets in which tion 313 (i) shall be in addition to the na­ manner convenient to the public business Michigan handlers are distributing tional marketing quota established pur­ (7 CFR 1.27(b)). All submissions must, yogurt. Action on this hearing is still suant to section 312 of the Act; and the in order to be considered, be postmarked pending. In the request for suspension, increase in acreage under section 313 (i) not later than 30 days from the date of it was urged that a similar hearing for shall not be considered in establishing publication of this notice in the F ederal the Southern Michigan market not be future * * * farm acreage allotments. R egister. held until the outcome of the earlier Jh° Secretary, may, under section Signed at Washington, D.C., on De­ hearing is known. o 17(c) of the Act, in his discretion, offer cember 1,1970. Signed at Washington, D.C., on acreage-poundage quotas on Fire-cured, November 30,1970. Dark air-cured, Cigar binder (types 51 K enneth E. F rick, and 52) or Cigar-filler and binder Administrator, Agricultural Sta­ J ohn C. B lum, 42-44, 53-55) tobacco for the bilisation and Conservation Deputy Administrator, «T* 1""'^ marketing year if he determines Service. Regulatory Programs. tnat acreage-poundage quotas would re- [P.R. Doc. 70-16276; Piled, Dec. 1, 1970; [P.R. Doc. 70-16238; Piled, Dec. 2, ~1970; uit in more effective marketing quotas 12:40 p.m.] 8:51 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18402 PROPOSED RULE MAKING

ance are eligibile for medical assistance to December 15,1970. Paragraphs 3A, 3B, DEPARTMENT OF HEALTH, without a separate application. 5A, and 10 are amended accordingly. * * • • • By direction of the Commission. EDUCATION, AND WELFARE [F.R. Doc. 70-16215; Filed, Dec. 2, 1970; 8:49 a.m.] G ordon M. G rant, Social and Rehabilitation Service Secretary. [F.R. Doc. 70-16271; Filed, Dec. 2, 1970; [ 45 CFR Part 206 1 8:52 a.m.] PUBLIC ASSISTANCE PROGRAMS DEPARTMENT OF Application, Determination of TRANSPORTATION Eligibility and Furnishing Assistance INTERSTATE COMMERCE Federal Aviation Administration Notice is hereby given that the regu­ lations set forth in tentative form below [ 14 CFR Part 75 1 COMMISSION are proposed by the Administrator, So­ 149 CFR Part 1249 1 cial and Rehabilitation Service, with the [Airspace Docket No. 70—WA-31] approval of the Secretary of Health, AREA HIGH ROUTES [No.35345] Education, and Welfare. The proposed Proposed Designation QUARTERLY REPORT OF FREIGHT regulations relate to application, deter­ LOSS AND DAMAGE CLAIMS mination of eligibility, and furnishing Correction assistance under title I, IV-A, X, XIV, Notice of Proposed Rule Making XVI, or XIX of the Social Security Act, In F.R. Doc. 70-15977-appearing at with respect to the requirement that page 18125 in the issue of Thursday, No­ S eptember 14, 1970. each individual wishing to do so will have vember 26, 1970, the route designation Notice is hereby given, pursuant to'the the opportunity to apply for assistance. “J801R:” should be inserted above the provisions of section 553 of the Adminis­ A provision is added to specify that the entry for “Peach Springs, Ariz.” in the trative Procedure Act, that the Commis­ applicant may be assisted by other indi­ first column on page 18126. sion has under consideration adoption of viduals of his choice if he so desires. a requirement for filing of quarterly re­ ports of freight loss and damage claims Prior to the adoption of the proposed National Highway Safety Bureau regulations, consideration will be given by all motor common and contract car­ to any comments, suggestions, or objec­ [ 49 CFR Part 571 1 riers of property having average annual tions thereto which are submitted in operating revenues (including interstate writing to the Administrator, Social and [Docket No. 2-15, Notice 6] and intrastate) of $1 million or more Rehabilitation Service, Department of CHILD SEATING SYSTEMS from property motor carrier operations, Health, Education, and Welfare, 330 effective with the first quarter period Independence Avenue SW., Washington, Extension of Time for Comments ending March 31, 1971. Average annual DC 20201, within a period of 30 days from Correction operating revenues will be determined date of publication of this notice in the according to the provisions of 49 CFR F ederal R egister. In F.R. Doc. 70-16008 appearing on 1240.5(b) page 18206 in the issue for Saturday, (Sec. 1102, 49 Stat. 647, 42 U.S.C. 1302) The reports under consideration call November 28, 1970, the word “Both” at for reporting of the number and dollar Dated: November 7,1970. the beginning of the third sentence amounts of freight claims paid by types should read “Bolt”. J ohn D. T winame, of commodities, causes of claims and by Administrator, Social and location of theft, and for ah analysis of Rehabilitation Service. claims received and processed. The quar­ terly reports will be filed in duplicate in Approved: November 25, 1970. FEDERAL POWER COMMISSION the office of the Bureau of Accounts, E lliot L. Richardson, [ 18 CFR Parts 2, 157 1 Interstate Commerce Commission, Wash­ Secretary. ington, D.C., 20423, within 30 days after [Docket No. R-405] the close of the quarter, prepared in ac­ Section 206.10(a ) (1) is revised to read RELIABILITY OF ELECTRIC AND cordance with the instructions and for­ as follows: mat of the proposed report, Form QL&D. GAS SERVICE § 206.10 Application, determination of Copies of the proposed report are avail­ eligibility and furnishing of assist­ Notice of Extension of Time able from the Office of the Secretary, ance. Interstate Commerce Commission. ***** N ovember 30, 1970. It is intended that the reports provide There have been filed several requests the Commission, other governmental (a) * * * for extension of time to file comments to (1) Each individual wishing to do so agencies, shippers, and the general public the “Policy Statement, Notice,of Investi­ essential information with respect to the will have the opportunity to apply for gation and Proposed Rule Making with loss and damage of commodities trans­ assistance without delay. Under this're­ Respect to Developing Emergency Plans” ported by motor carriers, especially with quirement the agency accepts applica­ respect to those articles lost or presumed tion from the applicant himself or from issued on November 4, 1970 (35 lost because of theft. Benefits to the someone acting responsibly for him, in FJR. 17428), In the above-designated proceeding. motor transportation industry and the person, by mail, or by telephone. An ap­ shipping public should more than com­ plicant or recipient may be assisted if Upon consideration, the times for fil­ pensate for the reporting burden im­ he so desires by other individuals of his ing comments, data and information as posed by the systematic reporting of the choice in the various aspects of the ap­ set forth in paragraphs 3A, 3B, 5A, and data. To minimize the reporting burden, plication process and the redetermina­ the Commission will consider making tion of eligibility; he may be accom­ 10 of the “Policy Statement, Notice of panied by such individuals in contacts Investigation and Proposed Rule Making arrangements for carrier reporting of the with the agency, and when so accom­ with Respect to Developing Emergency claims data on magnetic tape or card panied, may also be represented by them. Plans” issued November 4, 1970 are decks suitable for computer processing as Individuals eligible for financial assist- hereby extended from December 1, 1970 an alternate reporting procedure.

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 PROPOSED RULE MAKING 18403

Any party desiring to make represen­ Secretary of the Commission at Wash­ tations in favor of or against the pro- ington, D.C., and by filing a copy with the ^ posed reporting may do so through sub­ Director, Office of the Federal Register. mission of written data, views or com­ Copies of the proposed reporting forms ments for consideration. The original and may be procured from the Commission fifteen copies of such representations should be filed with the Secretary of by any interested parties. the Interstate Commerce Commission, (Sec. 204, 220, 49 Stat. 546, as amended, 563; Washington, D.C., 20423, within 30 days 49 Ü.S.C. 304, 220) after publication of this notice in the F ederal R egister. By the Commission. Notice shall be given motor carriers [seal] R obert L. Oswald, hereby affected subject to the provisions Secretary. of Part n of the Interstate Commerce Act and the general public by depositing [F.R. Doc. 70-16239; Filed, Dec. 2, 1970; a copy of this notice in the Office of the 8:51 a.m.]

No. 234-----9 FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18404 N otices

agement offices—the Boise District, 230 multiple-use management. Publication POST OFFICE DEPARTMENT Collins Road and the State Office, 334 of this notice has the effect of segregat­ NEW ORGANIZATIONAL TITLES Federal Building, 550 West Fort Street, ing the described lands from appropria­ Boise, ID. tion only under the agricultural land The names of Headquarters Bureaus Boise Meridian, I daho laws (43 U.S.C. Parts 7 and 9; 25 U.S.C. and Offices are redesignated as follows: T. 11 N., R. 1 W., sec. 334), and from sales under section From— To— Sec. 7, Ny2SW»4SEi4 =20 acres. 2455 of the Revised Statutes (43 U.S.C. Bureau of Operations. Operations Depart­ 1171) and the lands shall remain open ment. 4. For a period of 30 days from the dateto all other applicable forms of ap­ Bureau of Finance Finance and Admin­ of publication in the F ederal R egister, propriation including the mining and | and Administration. istration Depart­ this classification shall be subject to the mineral leasing laws. < As used herein, ment. exercise of administrative review and “public lands” means any lands with­ Bureau of Facilities_ Facilities D epart­ ment. modification by the Secretary of the In­ drawn or reserved by Executive Order Bureau of Personnel_ Personnel Depart­ terior, as provided for in 43 CFR 2461.3. No. 6910 of November 26, 1934, as ment. For this period interested parties may amended, or within a grazing district Bureau of Research Research & Engi­ submit comments to the Secretary of the established pursuant to the Act of June and Engineering. neering Depart­ Interior, LLM 320, Washington, DC 28, 1934 (48 Stat. 1269), as amended, ment. 20240. which are not otherwise withdrawn or | Bureau of Planning Planning & Market­ William L. Mathews, reserved for Federal use or purpose. and Marketing. ing Department. 2. No adverse comments were received | Office of the General General Counsel De­ State Director. | Counsel._ partment. [F.R. Doc. 70-16183; Filed, Dec. 2, 1970; following publication of the notice of I Bureau of Chief Postal Chief Inspector De­ 8:46 a.m.] proposed classification (35 F.R. 14857) Inspector. partment. on September 24, 1970. The record is on r t (5 U.S.C. 301; 39 U.S.C. 501) file and can be examined in the Malta [Serial No. 1-3651] District Office, Malta, Mont. V D avid A. N elson, The public lands were acquired by ex­ / ' . General Counsel. IDAHO change for the benefit of multiple-use I [FR. Doc. 70-16308; Filed, Dec. 2, 1970; management programs. The lands are Notice of Classification of Public Lands intermingled with lands previously clas­ \ 8:52 a.m.] for Multiple-Use Management W sified for retention and multiple-use ; Correction management under serial number M 073705. [ d ep a r t m en t o f t h e in t e r io r In F.R. Doc. 70-15280 appearing at 3. The public lands affected by this page 17438 in the issue of Friday, No­ classification are located within the fol­ Bureau of Land Management vember 13, 1970, the entry “Sec. 30” lowing described area and are shown on should be inserted in sequence under “T. {Serial No. 1-3639] maps on file in the Malta District Office, 9 S., R. 35 E.,” for Power County. Bureau of Land Management, Malta, MT IDAHO 59538, and in the Land Office, Bureau of Land Management, Federal Building, 316 f Notice of Classification of Public Lands IDAHO North 26th Street, Billings, MT 59101. \ for Multiple-Use Management Notice of Filing of Plat of Survey; Filing P r in c ip a l M e r id ia n , M o n t a n a N ovember 25, 1970. Date Suspended VALLEY COUNTY / 1. Pursuant to the Act of September 19, N ovember 25, 1970. T. 25 N., R. 38 E., : 1964 (43 U.S.C. 1411-18) and to the regu­ Sec. 7, lots 1, 2, 3, and 4, and E^W’/j. lations in 43 CFR Parts 2410 and 2460, F.R. Doc. 70-14215, appearing on page the public land described below is hereby 16481 of the issue for October 22, 1970, The public lands described above ag­ classified for multiple-use management. prescribed that certain plats of survey gregate approximately 313.96 acres. Publication of this notice has the effect for lands in T. 7 N., R. 40 E„ and T. 8 N., 4. For a period of 30 days from date of of segregating the described land from R. 41 E., Boise Meridian, Idaho, would publication in the F ederal R egister, this all forms of appropriation and entry un­ be officially filed in the Land Office, Boise, classification shall be subject to the exer­ der the public land laws, including min­ Idaho, effective at 10 a.m. on November cise of . administrative review and modifi­ ing but not the mineral leasing laws. As 25, 1970. cation by the Secretary of the Interior as used herein, “public land” means land The official filing date is herewith provided for in 43 CFR 2461.3. For a withdrawn or reserved by Executive Or­ suspended until further notice. period of 30 days interested parties may der No. 6910 of November 26, 1934, as Curtis R. Taylor, submit comments to the Secretary of the amended, or within a grazing district Acting Manager, Land Office. Interior, LLM, 321, Washington, DC established pursuant to the Act of 20240. {F.R. Doc. 70-16184; Filed, Dec. 2, 1970; E ugene H. Newell, June 28,1934 (48 Stat. 1269) as amended, 8:46 a.m.] which are not otherwise withdrawn or Acting State Director. reserved for a Federal use or purpose. {F.R. Doc. 70-16185; Filed, Decv 2, 1970; 2. This tract is located about 30 miles [Montana 10816] 8:46 a.m.] north of Emmett, Idaho, in the Crane MONTANA Creek Area. This partially developed site [Montana 16584] Notice of Classification of Public Lands provides a temporary headquarters for MONTANA necessary field work and a 3-man initial for Multiple-Use Management attack fire crew. 1. Pursuant to the Act of September 19,Order Providing for Opening of Public 3. Maps showing the location of this 1964 (43 U.S.C. 1411-18) and the regula­ Lands tract described below and data support­ tions in 43 CFR Parts 2400 and 2460, N ovember 23,1970. ing this proposal are on file and available the public lands within the ^ areas 1. In exchanges of lands made under for inspection at Bureau of Land Man­ described below are hereby classified for the provisions of section 8 of the Act oi

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18405

June 28,1934 (48 Stat. 1269), as amended multiple-use management. Publication [Serial No. N-2474] (43 U.S.C, 315g), the following described of this notice has the effect of segregat­ NEVADA lands have been reconveyed to the United ing the described lands from all forms of States: appropriation, selection, location, and Notice of Classification of Public Lands P r in c ip a l M e r id ia n , M o n t a n a entry under the public land laws, in­ for Multiple-Use Management cluding the general mining laws, and T. 37 N., R. 23 E., from surface use and occupancy under N ovember 24,1970. Sec. 1, lots 9, 10, 11, and 12, S^NW^i. and the mineral leasing laws. These public 1. Pursuant to the Act of Septem­ s y2; ber 19, 1964 (43 U.S.C. 1411-18) and to Sec. 12, N%. lands are believed to contain Dorypterid T. 37 N., R. 24 E., Fish, a rare fossil fish fauna. As used the regulations in 43 CFR Parts 2420 and Sec. 2, SW14; herein, “public lands” means any lands 2460, the public lands within the area Sec. 3, lots 9, 10, and 11, sy2NW%, and withdrawn or reserved by Executive described below are hereby classified for SW14; Order No. 6910 of November.26, 1934, as multiple-use management. Publication Sec. 4, lots 9, 10, and 11, and S^NVii; amended or within a grazing district of this notice has the effect of segregat­ Sec. 5, lots 9, 10, 11, and 12, S^NVi, and established pursuant to the Act of ing the described lands from appropria­ NE14SE14; . , June 28, 1934 (48 Stat. 1269), as tion only under the agricultural land Sec. 6, lot 15, SE&NE^, and NE^SE*4; laws (43 U.S.C. Parts 7 and 9; 25 UJS.C. Sec. 7, SE%NE^4 and SEV4; ? amended, which are not otherwise with­ Sec. 8, NE&, NE&NWft, S^NW^, and drawn or reserved for a Federal use or sec. 334) and the lands shall remain open s%; purpose. to all other applicable forms of appropri­ Sec. 9, w y2; > — 2. Two comments were received follow­ ation, including the mining and mineral Sec. 10, NW y4 NW , S i/2 NW %, and SW^; ing publication of the notice of pro­ leasing or material sale laws, with the Sec. 15, NE^NW^4, S^N W ^, and SWV4; posed classification (35 FJt. 14007- exception contained in paragraph 4. As Sec. 17, All; 14008). One comment was from an in­ used herein, “public lands” means any Sec. 18, Ey2NE% and NE^SE^; lands withdrawn or reserved by Executive Sec. 22,N^NW%. dividual who has unpatented mining T. 37 N., R. 25 E., claims in this general area. The classifi­ Order No. 6910 of November 26, 1934, as Sec. 13, N%NW%. cation has no effect on valid existing amended, or within a grazing district rights. The second comment suggests established pursuant to the Act of The areas described aggregate 4,586.62 that if any part of the area is later June 28,1934 (48 Stat. 1269), as amended, acres. shown, by competent researchers, to be which are not otherwise withdrawn or 2. The lands are located in Blaine relatively devoid of fossils, these areas reserved for Federal use or purpose. County. They are grazing lands and are then be opened to quarrying. This re­ 2. The notice of proposed classification not suitable for cultivation. The lands quest is reasonable and can be accom­ published in the F ederal R egister on have been acquired to further Federal plished when the research is complete. June 18, 1970, F.R. Doc. 70-7686, inad­ programs. Public lands in this area have In view of these comments, no change vertently stated that the lands proposed been classified for multiple-use manage­ has been made in the list of lands in­ for classification would be segregated ment under serial number M 12993. cluded in this classification. The record from sales under section 2455 of the 3. Subject to valid existing rights, the showing comments received and other Revised Statutes (43 U.S.C. 1171). The provisions of existing withdrawals, and information is on file and can be ex­ lands described are not to be segregated the requirements of applicable law, the amined in the Lewistown District Office, from sale under the authority and the lands are hereby open to application, pe­ segregation afforded by the notice of tition, location, and selection, except for Lewistown, Mont. 3. As provided in paragraph 1 above, proposed classification is hereby termi­ appropriation under the agricultural nated. land laws (43 U.S.C. parts 7 and 9; 25 the public lands effected by this classifi­ U. S.C. sec. 334), and from sales under cation are located within the following Objection was raised to the segregation section 2455 of the Revised Statutes (43 described area and are shown on a map from appropriation under the general U.S.C. 1171). All valid applications re­ designated by serial number M 16260 in mining laws of the 40 acres described in ceived at or prior to 10 a.m., December 30, the Lewistown District Office, Bureau of paragraph 3 of the notice of proposed 1970, shall be considered as simultane­ Land Management, Bank Electric Build­ classification. The objection was that the ously filed at that time. Those received ing, Lewistown, Mont. 59457, and in the lands are valuable for their mineral po­ thereafter shall be considered in the Land Office, Bureau of Land Manage­ tential and should not be closed to order of filing. ment, Federal Building, 316 North 26th further mineral exploration and develop­ Street, Billings, MT 59101. ment. This objection was considered and 4. The mineral rights in the lands were found to be a legitimate point of concern. not exchanged and their status is not P r in c ip a l M e r id ia n , M o n t a n a affected by this order. In evaluating the relative values of min­ 5. Inquiries concerning the lands FERGUS COUNTY ing and recreation development of the should be addressed to the Chief, Divi­ Blacktail Creek Paleontological Site subject site, it has been decided that the sion of Lands and Minerals Program scarcity of potential recreation sites in T. 13 N.,R. 22 E., the Roberts Creek area is such that the Management and Land Office, Bureau of Sec. 6, W%SE»4; Land Management, 316 North 26th Sec. 8, SWy4NWj4. recreation value of the site outweighs Street, Billings, MT 59101. T. 14 N., R. 22 E., the mineral potential and that the segre­ Sec. 33, NVaSE^; gation should continue. Eugene H. N ewell, Sec.34,N^SW% and SE^NE^i. Objection was also raised as to the Land Office Manager. The public lands described above ag­ minimal acreage proposed to be segre­ [P.R. Doc. 70-16186; Piled, Dec. 2, 1970; gregate approximately 320 acres. gated for recreation use. A 75,000 acre 8:46 am.] portion of the Roberts Mountains was 4. For a period of 30 days from date of suggested to be set aside as a primitive publication in the F ederal R egister, this area. This suggestion will be evaluated {Montana 16260] classification shall be subject to the as time and manpower availability per­ exercise of administrative review and MONTANA mit. modification by the Secretary of the In­ 3. The public lands located within the Notice of Classification of Public Lands terior as provided for in .43 CFR 2461.3. following described area are shown on for Multiple-Use Management For a period of 30 days interested parties may submit comments to the Secretary maps designated N-2474 on file in the November 24,1970. Battle Mountain District Office, Bureau of the Interior, LLM, 321, Washington, of Land Management, Post Office Box of September 19, D.C.20240. i?3 U.S.C. 1411-18), and to the Eugene H. Newell, 194, Battle Mountain, NV 89820, or the oei? aii.ons 111 43 CFR Parts 2400 and Acting State Director. Nevada Land Office, Bureau of Land Ho Public lands within the area [F.R. Doc. 70-16187; Filed, Dec. 2, 1970; Management, Room 3104, Federal Build­ described below are hereby classified for 8:46 a.m.] „ ing, 300 Booth Street, Reno, NV 89502.

FEDERAL REGISTER, VO L 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18406 NOTICES

The overall description of the area is lowing described areas and are shown on Black Hills Meridian as follows: maps on file in the Miles City District HAAKON COUNTY, S. DAK. M o u n t D ia b l o M e r id ia n , N evada Office, Miles City, Mont., and on maps and records in the Land Office, Bureau T . 7 N., R. 20 E., EUREKA COUNTY of Land Management, Federal Building, Sec. 24, NE%SE%. The public lands to be classified are wholly Billings, MT. The lands described aggregate 40.00 located within Eureka County, Nev. F i f t h P r in c ip a l , M e r id ia n acres. 4. For a period of 30 days from date of The area described aggregates approx­ MOUNTRAIL COUNTY, NORTH DAKOTA imately 1,980,000 acres of public land. publication in the F ederal R egister, this T. 157 N., R. 91 W., classification shall be subject to the exer­ 4. The public lands listed below are Sec. 13, flEiiNWfc. further segregated from all forms of ap­ cise of administrative review and modi­ propriation under the public land laws, The lands described above aggregate fication by the Secretary of the Interior including the general mining laws, but 40.00 acres. * as provided for in 43 CFR 2461.3. For a not the Recreation and Public Purposes period of 30 days interested parties may 4. For a period of 30 days from datesubmit comments to the Secretary of the Act (44 Stat. 741, 68 Stat. 173; 43 U.S.C. of publication in the F ederal Register, 869) or the mineral leasing and material Interior, LLM, 321, Washington, DC this classification shall be subject to the 20240. sale laws: exercise of administrative review and Eugene H. N ewell, M o u n t D ia b l o M e r id ia n , N evada modification by the Secretary of the In­ terior as provided for in 43 CFR 2 4 6 0 . Acting State Director. ROBERTS CREEK RECREATION SITE For a period of 30 days Interested par­ [F.R. Doc. 70-16190; Filed, Dec. 2, 1970; T. 22 N„ R. 60 E. (unsurveyed), ties may submit comments to the Secre­ 8:47 a.m.] Sec. 2, N%NE&NE% (20 acres). tary of the Interior, LLM, 321, Washing­ T. 23 N., R. 50 E. (unsurveyed), ton, DC 20240r [Utah 12486] Sec. 35, Sy2SEy4SEi/4 (20 acres). Eugene H. N ewell, The area described above aggregates Acting State Director. UTAH approximately 40 acres of public land. [F.R. Doc 70-16188; Filed, Dec. 2, 1970; Notigfe of Offering of Land for Sale 5. For a period of 30 days from date of 8:47 am.] publication in the F ederal R egister, this Notice is hereby given that, under the provisions of the act of September 19, classification shall be subject to the ex­ [Montana 16463(SO) ] ercise of administrative review and modi­ 1964 (78 Stat. 988) and pursuant to an fication by the Secretary of the Interior SOUTH DAKOTA application from Juab^County, Utah, the as provided for in 43 CFR 2461.3. Secretary of the Interior intends to offer Notice of Classification of Lands for the following lands for sale: . „ N olan F. K eil, Multiple-Use Management State Director, Nevada. S a l t L a k e M e r id ia n , U t a h [F.R. Doc. 70-16189; Filed, Dec. 2, 1970; N ovember 25, 1970. T. 11 S., R. 17 W., 8:47 a.m.] 1. Pursuant to the Act of Septem­ Sec. 11, E^SE&NE&NW^. ber 19, 1964 (43 U.S.C. 1411-18) and the T. 13 S., R. 18 W„ Sec. 15, Wy2NW%NWV4SWVi. [Montana 16435(ND) ] regulations in 43 CFR Parts 2400 and 2460, the public lands within the areas The lands described aggregate 10 NORTH DAKOTA described below are hereby classified for acres. multiple-use management. Publication of The land has been classified by Bureau Notice of Classification of Lands for this notice has the effect of segregating motion as suitable for transfer from Fed­ Multiple-Use Management the described lands from appropriation eral ownership to facilitate the waste N ovember 25, 1970. under the agricultural land laws (43 disposal program in the remote areas of 1. Pursuant to the Act of September 19, U.S.C. parts 7 and 9; 25 U.S.C. Sec. 334), western Juab County. The proposed use 1964 (43 U.S.C. 1411-18) and the regula­ and from sale under section 2455 of the of the land is for two sanitary land fill tions in 43 CFR Parts 2400 and 2460, the Revised Statutes (43 U.S.C. 1171), and disposal sites. The county zoning ordi­ public lands within the areas described the lands shall remain open to all other nance regulates waste disposal sites and below are hereby classified for multiple- applicable forms of appropriation, in­ the county is now considering an ordi­ use management. Publication of this no­ cluding the mining and mineral leasing nance to prohibit dumping of waste in laws. As used herein, “public lands” areas not designated for that use. The tice has the effect of segregating the de­ means any lands withdrawn or reserved Utah State Division of Health also scribed lands from appropriation under by Executive Order No. 6910 of Novem­ regulates the use of sanitary land fills. the agricultural land laws (43 U.S.C. ber 26, 1934, as amended, or within a One tract is located at Callao and the parts 7 and 9; 25 U.S.C. sec. 334), and grazing district established pursuant to other is at Trout Creek, Utah. from sale under section 2455 of the Re­ It is the intention of the Secretary of vised Statutes (43 U.S.C. 1171), and the the Act of June 28, 1934 (48 Stat. 1269), lands shall remain open to all other ap­ as amended, which are not otherwise the Interior to enter into an agreement plicable forms of appropriation, includ­ withdrawn or reserved for a Federal use with authorized county officials to per­ ing the mining and mineral leasing laws. or purpose. mit Juab County to purchase the land As used herein, “public lands” means any 2. No adverse comments were received at the appraised fair market value. lands withdrawn or reserved by Execu­ following publication of the notice of Any patent resulting from the sale of tive Order No. 6910 of November 26,1934, proposed classification in the F ederal this land will be issued under the act of R egister on September 24, 1970 (35 F.R. September 19,1964, supra and shall con­ as amended, or within a grazing district tain a reservation to the United States of established pursuant to the Act of 14858 and 14859). The record showing June 28, 1934 (48 Stat. 1269), as the comments received and other in­ rights-of-way for ditches and canals amended, which are not otherwise with­ formation is on file and can be examined under the act of August 30, 1890 (43 in the Miles City District Office, Miles U. S.C. sec. 945), and of all mineral drawn or reserved for a Federal use or deposits which shall thereupon be with­ purpose. City, Mont. drawn from appropriation under the 2. No adverse comments were received 3. The public lands affected by this public land laws, including the mining following publication of the notice of classification are located within the fol­ and mineral leasing laws. The land will proposed classification in the F ederal lowing described areas and are shown on be sold subject to all valid existing rights R egister on September 24, 1970 (35 F.R. maps on file in the Miles City District and reservations for rights-of-way. 14857 and 14858). The record is on file and can be examined in the Miles City Office, Miles City, Mont., and on maps J. E. K eogh, District Office, Miles City, Mont. and records in the Land Office, Bureau Acting State Director. 3. The public lands affected by this of Land Management, Federal Building, [F.R. Doc. 70-16191; Filed, Dec. 2, 1970; classification are located within the fol­ Billings, MT. 8:47 a.m.]

FEDERAL REGISTER, VOL 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18407

[OB 6923 (Wash) ] ALABAMA Windham County WASHINGTON Barbour County Brooklyn, Trinity Church, east side of Eufaula, The Tavern (River Tavern), 106 Church Street. Notice of OfFering of Land for Sale Riverside Drive. Canterbury, Payne, Elisha, House (Prudence Crandall House), southwest corner of the N ovember 27, 1970. ALASKA intersection of Connecticut 14 and 169. Notice is hereby given that under the Interior District DELAWARE provisions of the act of September 19, Eagle, Eagle Historic District, lef t bank of the New Castle County 1964 (78 Stat. 988), and pursuant to an Yukon River at the mouth of Mission application from the State of Washing­ Creek; secs. 24, 25, 36, T. 1 S., R. 32 E., secs. Wilmington, Dingee, Obadiah, House, 107 ton, Department of Game, the Secretary 19, 30, 31, T. 1 S., R. 33 E., sec. 1, T. 2 S., R. East Seventh Street. of the Interior will offer for sale, lot 3 32 E., secs. 4, 5,6, T. 2 S., R. 33 E. of section 8 and lot 3 of section 20, GEORGIA T. 9 N., R. 27 E., W.M., Washington. South Central District White County The lands are situated within Benton Kodiak vicinity, Fort Abercrombie State His­ Cleveland, Old White County Courthouse. County, Wash., adjacent to the Yakima toric Site, Kodiak Island. River and are needed for public recrea­ Southeastern District ILLINOIS Cook County tional purposes. Action is now pending Ketchikan vicinity, Totem Bight State His­ to zone lot 3 of section 8 for parks and toric Site, west coast of Revillagigedo Chicago, Madlener, Albert F., House, 4 West recreation, and lot 3 of section 20 is Island. Burton. zoned for general use. Wrangell, Chief Shakes State Historic Site, Chicago, Reliance Building, 32 North State It is the intention of the Secretary to Shakes Island. Street. enter into an agreement with the State CALIFORNIA MAINE of Washington, Department of Game, to permit the State to purchase the lands Lake County Cumberland County at the appraised fair market value. Lakeport, Lake County Courthouse, 255 Freeport, Pettengill House (Captain Green- Patent to the lands issued under the North Main Street. field Pote House), Wolf Neck Road. act of September 19, 1964, supra, shall CONNECTICUT Kennebec County contain a reservation to the United States of rights-of-way for ditches and Fairfield County Hallowell, Hallowell Historic District, bounded on the west by a line running canals under the act of August 30, 1890 Bridgeport, Brooks, Captain John, Senior, north 3,465 feet from the intersection of (26 Stat. 391; 43 U.S.C. 945); and of all House, 199 Pembroke Street. Litchfield Road and Middle Street to a mineral deposits which shall thereupon Norwalk, Lockwood-Mathews Mansion, 295 point 93 feet north of Winthrop Street; be withdrawn from appropriation under West Avenue. then by a line running directly east for the public land laws, including the min­ Hartford County 1,563 feet; thence southwest from a point ing and mineral leasing laws. 120 feet west of U.S. 201 for a distance of East Granby, Old Newgate Prison, Newgate 750 feet to a point on Water Street; thence Virgil O. S eiser, Road. south along Water Street to a point 62 feet Chief, Branch of Lands. Hartford, Bushnell Park, bounded by Elm, north of the intersection with Winthrop Jewell, and Trinity Streets. [P.B. Doc. 70-16192; Piled, Dec. 2, 1970; Street; thence southeast toward the Ken­ 8:47 a.m.] New Haven County nebec River for 186 feet; thence southwest 580 feet; thence northwest along an exten­ New Haven, Fort Nathan Hale, at the south­ sion of Union Street to Water Street; ern end of Woodward Avenue. National Park Service thence southwest on Water to Temple New London County Street; northwest on Temple to a point 165 NATIONAL REGISTER OF HISTORIC feet east of Second Street; then parallel to New London, Deshon-Allyn House, 613 Wil­ Second in a southwesterly direction for PLACES liams Street. 1,600 feet to a point 90 feet east of the New London, Hempsted, Joshua, House, 11 corner of Second and Litchfield Road; Additions, Deletions, or Corrections Hemptead Street. ^ thence west 562 feet to the starting point. By notice in the F ederal R egister of New London, New London County Court­ Hallowell, Vaughn Homestead, Middle Street February 3, 1970, Part n (pp. 2476- house (State Courthouse), 70 Huntington off Litchfield Road. 2496), there was published a list of the Street. Sagadahoc County properties Included in the National Reg­ New London, New London Customhouse, 150 ister of Historic Places. This list has Bank Street. Bath, U.S. Customhouse and Post Office, 25 Front Street. been amended by notices in the F ederal New London, New London Public Library, R egister on March 3 (pp. 4013-4014), 63 Huntington Street. MICHIGAN Norwich, East District School, 365 Washing­ April 7 (pp. 5635-5636), May 5 (pp. Emmet County 7086-7087), June 3 (pp. 8600-8602), ton Street. Norwich, Little Plain Historic District, the Petosky, Chesapeake and Ohio Railway Sta­ XJy 8 (pp- 10964-10966), August 4 (pp. east and west sides of Broadway and Union tion (Chicago and West Michigan Rail­ Too ~12417) * September 1 (pp. 13851- Street to the rear property lines extending way Station, Pere Marquette Railway Sta­ 13852), October 6 (pp. 15653-15654), and from Otis Street on the northwest to 161 tion) , Pioneer Park, West Lake Street. November 3 (pp. 16946-16947). Further Broadway and 71 Union Street on the Jackson County notice is hereby given that certain south; the south side of Otis Street to amendments or revisions, in the nature the northeast boundary of the sixth prop­ Concord, Mann House, 205 Hanover Street. of additions, deletions, or corrections to erty on that street; includes all residences St. Clair County the previously published list are adopted around Little Plain Park and Huntington Port Huron, St. Clair River Tunnel, St. Clair ss set out below. Place. River between Port Huron, Mich., and It is the responsibility of all Federal Norwichtown, Carpenter House (Red House), Sarnia, Ontario. gencies to take cognizance of the prop- 55 East Town Street. erties included in the National Register Norwichtown, Charlton, Captain Richard, Washtenaw County as herein amended and revised in ac- House, 12 Mediterranean Lane. Ann Arbor, President’s House, University of Norwichtown, Turner, Dr. Philip, House, 29 Michigan, 815 South University, University m??aSce with section 106 of the National West Town Street. of Michigan campus. Reservation Act of 1966, 80 Stat. 915, 16 U.S.C. 470. Tolland County Wayne County following properties have been Coventry, Hale, Nathan, Homestead (Deacon Dearborn, Commandant’s Quarters, 21950 added since November 3; Richard Hale House), South Street. Michigan Avenue.

EEDERAl REGISTER, VOL. 35, NO. 234— THURSDAY,’ DECEMBER 3, 1970 18408 NOTICES

MINNESOTA Nance County Gillespie County Chisago County Genoa vicinity, Genoa Site, 1 mile south of Fredericksburg, Fredericksburg Historic Dis­ Genoa on Nebraska 39. trict, bounded by a line running southeast Taylors Falls, Taylors Falls Public Library, six blocks from the comer of Acorn and 417 Bench Street. Sarpy County Schubert along Schubert to Adams; north­ Cottonwood County Bellevue, Burlington Depot (Omaha & South­ east one block on Adams to Travis; south­ ern Railroad Station), Haworth Park. east on Travis one block to Llano; south­ Jeffers vicinity, Jeffers Petroglyph Site, Bellevue, Old Log Cabin, 1805 Hancock Street. west on Llano two blocks to Austin; Ny2NWy4 sec. 9, T. 107 N., R. 35 W. Bellevue, Presbyterian Church, 2002 Franklin southeast on Austin three blocks to Elk; Goodhue County Street. southwest two blocks on Elk to San Red Wing vicinity, Bartron Site, NW^4NW^4 NEW MEXICO Antonio; northwest on San Antonio three sec. 9, T. 113 N., R. 15 W. blocks to Llano; southwest one block on * Socorro County Llano to Barons Creek; northwest along the Hennepin County Socorro vicinity, Fort Craig, 37 miles south creek one block behind Creek Street to Edina, Cahill School, comer of Eden Avenue of Socorro. Adams; southwest one-half block on Ad­ and Minnesota 100. NEW YORK ams to the rear property line of lots facing Edina, Grange Hall, comer of Eden Avenue Creek Street; then northwest six blocks to and Minnesota 100. New York County Acorn; northeast four and one-half blocks to the comer of Acorn and Schubert. Ramsey County New York City, Central Synagogue, (Congre­ gation Ahawath Chesed-Shaar Hasho- Jefferson County St. Paul, Burbank-Livingston-Griggs House, m ayim ), 646-652 Lexington Avenue. 432 Summit Avenue. Beaumont, French Home Trading Post, 2995 NORTH CAROLINA Rice County French Road. Polk County Northfield, Nutting House, 217 Union Street. McLennan County Tryon vicinity, Block House Site, 0.5 mile Waco, Fort House, 503 East Fourth Street. Yellow Medicine County east of U.S. 176 on the boundary between Granite Falls vicinity, Upper Sioux Agency, North and South Carolina. Robertson County secs. 29, 30, 32, T. 115 N, R. 38 W. Warren County Calvert, Hammond House, bounded by Bur­ net, China, Elm, and Hanna Streets. MISSOURI Vaughan vicinity, Buck Spring Plantation Atchison County (Nathaniel Macon House), north of Tarrant County Vaughan on County Route 1348. Tarkio, Mule Barn Theatre (David Rankin Fort Worth, Gulf, Colorado & Santa Fe Rail­ Mule Barn), 10th and Park Streets. Yadkin County road Passenger Station, 1601 Jones Street. Port Worth, Tarrant County Courthouse, Cooper County Richmond Hill vicinity, Richmond Hill Loajo bounded by Houston, Belknap, W eather­ School, north of Richmond Hill on County ford, and Commerce Streets. Boonville, Harley Park Archeological Site, Route 1530. SE%NE% sec. 34, T. 49 N, R. 16 W. OKLAHOMA Val Verde County Moniteau County Garvin County (also in Murray County) Langtry vicinity, Mile Canyon (Eagle Nest Canyon), northeast of Langtry off U.S. 90. California, Moniteau County Courthouse Davis vicinity, Initial Point, about. 7.5 miles Square, Public Square. west of Davis on Garvin-Murray County Washington County line. MONTANA Murray County Brenham, Pampell-Day House, 409 West Big Horn County Alamo Street. Initial Point (see Garvin County). Independence, Houston, Mrs. Sam, Home, FM Pryor vicinity, Chief Plenty Coups Memorial, RHODE ISLAND 390, one block east of the intersection with 1 mile west of Pryor on Montana 416. FM 50. Blaine County Newport County Williamson County Chinook vicinity, Chief Joseph Battleground Newport, King, Edward, House, Aquidneck Old Round Rockrfnn at Brushy Creek (Cole of the Bear’s Paw (Bearpaw Mountain Park, Spring Street. House), Taylor Exit of U.S. 79, off Inter­ Fight), about 15 miles south of Chinook. SOUTH CAROLINA state Highway 35, west side. Round Rock vicinity, Merrell, Captain Nel­ Pondera County Beaufort County son, House, northeast of Round Rock on Browning vicinity, Two Medicine Fight Site, Laurel Bay vicinity, Chester Field Site, south U.S. 79. about 25 miles southeast of Browning. of Laurel Bay on Port Royal Island. UTAH Ravalli County Charleston County Millard County Hamilton vicinity, Canyon Creek Laboratory Awendaw vicinity, Sewee Mound (The Old Deseret vicinity, Fort Deseret, 2 miles south of the U.S. Public Health Service, 0.75 mile Fort), 2.8 miles south of Awendaw. of Deseret , on Utah 257. Charleston, Branford-Horry House, 59 Meet­ VIRGINIA west of the Hamilton city limits.. ing Street. Stevensville, St, Mary’s Mission Church and Charleston, Rose, Thomas, House, 57-59 Northampton County Pharmacy, North Avenue. Church Street. Bridgetown, Hungars Church, 0.2 mile east Stevensville vicinity. Fort Owen, about 0.5 Mount Pleasant vicinity, Auld Mound, north­ of the intersection of Routes 619 and 622. mile northwest of Stevensville. east of Mount Pleasant, 1.2 miles south­ east of U.S. 17. Richmond (independent city) • Silver Bow County Mount Pleasant vicinity, Buzzard’s Island Main Street Station, 1520 East Main Street. Butte, Clark, W. A., Mansion, 219 West Site, northeast of Mount Pleasant 1.3 miles south of U.S. 17. WEST VIRGINIA Granite. Rockville vicinity, Fig Island Site, 2 miles * Berkeley County NEBRASKA southwest of Rockville on Edisto Island on Deuel County the north bank of Ooella Creek. MartinsbUrg, Boydville, 601 South Queen Rockville vicinity, Hanckel Mound, 2 miles Street. Big Springs, Phelps Hotel, northeast corner, northwest of Rockville on Wadmalaw Martinsburg, Stephen, Adam, House, 309 Eas Second and Pine Streets. Island. John Street. Williamsburg County Keith County Brooke County Brule vicinity, Diamond Springs Stage Sta­ ‘Kingstree, Thomtree (Witherspoon House), Bethany vicinity, Campbell, Alexander, Mavi­ Fluitt-Nelson Memorial Park. tion, 1 mile west of Brule exit on Interstate sion, east of Bethany on West Virginia 67. 80. TEXAS Kanawha County Lancaster County Cherokee County South Charleston, South Charleston Mound Lincoln, Nebraska State Capitol, 1445 K Alto vicinity, George C. Davis Site, about 6 (Criel Mound), in a triangle formed by Street. miles southwest of Alto on Texas 21. Oakes, MacCorkle, and Seventh Avenues.

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18409

Monongalia County maintain the beauty and utility of the All persons who desire to submit writ­ Cheat Neck vicinity, Henry Clay Furnace, Nation’s public lands, and to enter into ten data, views, or arguments in con­ southeast of Cheat Neck in Cooper’s Rock contracts authorizing such manufacture, nection with this matter should file the State Forest. reproduction or use. same in triplicate with the Director, WISCONSIN Pesticides Regulation Division, Agricul­ W alter J. H ickel, Brown County tural Research Service, U.S. Department Secretary of the Interior. of Agriculture, Washington, D.C. 20250, Green Bay, Baird Law Office, 2630 South November 25,1970. within 60 days after the date of publica­ Webster Avenue. [F.R. Doc. 70-16223; Filed, Dec. 2, 1970; tion of this notice in the F ederal R egis­ Columbia County 8:49 a.m.] ter. Please make reference in any sub­ Portage vicinity, Fort Winnebago Surgeon’s mission to “F.R. Mercurial Notice.” Quarters, 0.1 mile east of the corporate All written submissions made pur­ city limits on Wisconsin 33. suant to this notice will be made avail­ Dane County DEPARTMENT OF AGRICULTURE able for public inspection at times and places and in a manner convenient to the Madison, Wisconsin State Capitol, Capitol Agricultural Research Service Square. public business (7 CFR 1.27(b)). Door County MERCURIAL PESTICIDES Done at Washington, D.C., this 27th Fish Creek vicinity, Eagle Bluff Lighthouse, day of November 1970. 3.5 miles north of Fish Creek on Shore Request for Submission of Views With Respect to Uses G. G. R ohw er, Road, in Peninsula State Park. Acting Director, Douglas County Data is accumulating on environmen­ Pesticides Regulation Division. Solon Springs vicinity, Brule-St. Croix Por­ tal contamination through the use of [F.R. Doc. 70-16236; Filed, Dec. 2, 1970; tage, about 3 miles northeast of Solon mercury and its compounds. Recent sur­ 8:51 a.m.] Springs in Brule River State Forest. veys reveal mercury residues in water and Jefferson County in aquatic life. Use of mercury which results in water contamination is po­ Commodity Credit Corporation Fort Atkinson, Panther Intaglio Effigy tentially injurious to man and his en­ Mound, on Wisconsin 106 at west corporate LIVESTOCK FEED PROGRAM city limits. vironment. Current information on levels in the Marfhette County Notice of Designation of Emergency environment has warranted the discon­ Areas Peshtigo, Peshtigo Fire Cemetery^ Oconto tinuation of certain mercurial pesticide Avenue between Peck and Ellis Avenues. uses. Accordingly, this Division issued Notice is hereby given that, pursuant Roclc County notices of cancellation and suspension to the provisions of section 407 of the Janesville, Lincoln-Tallman House, 440 North of registration of alkyl mercury com­ Agricultural Act of 1949, as amended Jackson Street. pounds with directions for use as seed (7 U.S.C. 1472, 63 Stat. 1055), and the treatment and recently issued notices of Act of September 21, 1959, as amended Washington County cancellation of registration of mercu­ West Bend vicinity, Lizard Mound State rials with directions for use as algaecides (sections 1-4, 73 Stat. 574), the Secretary Park, 3 miles northeast of West Bend on or slimicides and in laundries. of Agriculture has designated the coun­ Wisconsin 144, then 0.33 mile east on ties specified in this notice as emergency County Route A. In view of the foregoing facts, all other pesticidal uses of mercury are being re­ areas for purposes of the Livestock Feed E rnest Allen Connally, viewed on a use by use basis to deter­ Program (7 CFR Part 1475, as amended). Chief, Office of Archeology mine what action is in the public inter­ Feed grains will be made available for and Historic Preservation. est with respect to their registration sale to livestock owners in such counties [F.R. Doc. 70-16080; Filed, Dec. 2, 1970; under the Federal Insecticide, Fungicide, in accordance with the terms and condi­ 8:45 a.m.] and Rodenticide Act. (7 U.S.C. 135 et seq.) Areas of particular concern involve tions in the regulations for such pro­ gram. The designated counties are as Office of the Secretary the following uses: (1) On hospital, household, institutional, and restaurant follows : DIRECTOR, BUREAU OF LAND surfaces, (2) in interior paints, (3) on F lorida MANAGEMENT ornamental shrubs, trees, and turf, (4) Alachua. Lafayette. on freshly sawed lumber. All other mer­ Baker. Leon. Delegation of Authority cury uses likewise are being reviewed in­ Bay. Levy. The general delegation of authority to cluding those for the treatment of fab­ Bradford. Liberty. the Director, Bureau of Land Manage­ rics, hides, leather fabrics, paper, plastic, Calhoun. Madison. other paint uses, etc. Clay. Marion. ment (235 DM 1) published in the F ed­ Columbia. Nassau. eral R egister (30 F.R. 4643) is amended This notice is to afford interested per­ Dixie. Okaloosa. by the addition of paragraph 235 DM sons an opportunity within 60 days of Duval. Putnam. 1.1C, publication to submit their views on uses Escambia. Santa Rosa. The delegation is a part of the Depart­ of mercury compounds subject to regis­ Flagler. St. Johns. mental Manual and the numbering sys­ tration under the Federal Insecticide, Gadsden. Suwannee. tem is that of the Manual. Fungicide, and Rodenticide Act. This re­ Gilchrist. Taylor. fers to uses for which notices of cancel­ Gulf. Union. Part 235—B ureau of Land M anagement Hamilton. Wakulla. lation or suspension of registration have Holmes. Walton. CHAPTER 1---GENERAL PROGRAM DELEGATION not been previously issued. When pre­ Jackson. Washington. DIRECTOR, BUREAU OF LAND MANAGEMENT paring and submitting views or com­ Jefferson. ments, the following items should be New Mexico 235.1.1 Delegation. * * * covered in the submission: (1) Use pat­ C. The Director, Bureau of Landtern, i.e., crops or articles treated and San Miguel. Management, is authorized pursuant to formulations and rates of application, Signed at Washington, D.C., on A°t of September 25, 1970 (84 Stat. (2) the pest control achieved including November 13,1970. o70) to establish and collect use or roy- expected damage without the use of mer­ aity fees under criteria determined by curials, (3) substitutes that are available G e o r g e V. H a n s e n , him for the manufacture, reproduction, with comments on the safety and effec­ Deputy Vice President, or use of the character “Johnny Hori- tiveness of use, (4) data in relation to Commodity Credit Corporation. which is the official symbol of a hospital or environment contamination [F.R. Doc. 70-10237; Filed Dec. 2, 1970; public service antilitter program to or other hazards of use. 8:51 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18410 NOTICES

Consumer and Marketing Service tions under the Act and application under paragraph 5(c) of the Act. Upon for inspection and a survey of the the expiration of 30 days after publica­ MEAT INSPECTION establishment. tion of this notice in the F ederal R egis­ ter, the provisions of sections 1-4, 6-10, Notice of Designation of New Jersey Done at Washington, D.C., on Novem­ and 12-22 of the Act shall apply to in­ ber 30, 1970. Paragraph 301(c) of the Federal Meat trastate operations and transactions and R ichard E. Lyng, persons engaged therein, in said States Inspection Act (21 U.S.C. 661(c)) re­ Assistant Secretary. quires the Secretary of Agriculture to to the same extent and in the same man­ designate promptly after December 15, [FJl. Doc. 70-16278; Filed, Dec. 2, 1970; ner as if such operations and transac­ 1969, any State as one in which the 8:52 a.m.] tions were conducted in, or for "com­ requirements of Titles I and IV of said merce”, within the meaning of the Act, and any establishment in any of said Act shall apply to intrastate operations POULTRY AND POULTRY PRODUCTS and transactions, and to persons, firms States which conducts any slaughtering and corporations engaged therein, with INSPECTION of poultry or processing of poultry prod­ respect to meat products and other Notice of Designation of Certain States

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18411

( N-methy lcar bamoylme thyl ) phos - phor- pending a filing of Respondent’s petition odithioate and its oxygen analog 0 ,0 - for review in the U.S. Court of Appeals DEPARTMENT OF HOUSING AND dimethyl. - S-ÜV-methylcarbamoylmeth- and decision thereon, and in the absence yDphosphorothioate in or on the raw of that relief a stay for 30 days to permit URBAN DEVELOPMENT agricultural commodities grapefruits and a Court of Appeals decision oh an appli­ tangerines at 2 parts per million. cation for stay that would be promptly CERTAIN HUD EMPLOYEES IN The analytical method proposed in the filed with that court. REGION II (NEW YORK, N.Y.) petition for determining residues of the The Commissioner of Food and Drugs Redelegation of Authority To Admin­ has considered the Respondent’s petition insecticide and its oxygen analog is the ister Oaths Under Title VIII (Fair total phosphorus method of W. A. Steller and concludes, good reason appearing and A. N. Curry, “Journal of the Associa­ therefor, that the order withdrawing the Housing) of Civil Rights Act of 1968 tion of Official Agricultural Chemists,” application signed on November 6, 1970, Each of the following named em­ 47:645 (1964). and published in the F ederal R egister ployees in the Department of Housing of November 14, 1970, is hereby stayed Dated: November 23,1970. and Urban Development, Region II (New until December 18, 1970, to permit York, N.Y.), is hereby authorized to R. E. D uggan, Unimed, Inc., to file a petition for review administer oaths under section 811(a) Acting Associate Commissioner < in the Court of Appeals. of the Civil Rights Act of 1968, Public for Compliance. If such petition is filed on or before Law 90-284, 42 U.S.C. 3611(a): December 18, 1970, the order signed No­ [F.R. Doc. 70-16176; Filed, Dec. 2, 1970; vember 6, 1970, withdrawing approval of 1. James O. Wyatt. 8:46 a.m.] 2. Vivian M. Braxton. new-drug application 14-241, is hereby 3. Eli M. S. Forman. stayed until a final judicial determina­ 4. Max Magner. E. L DU PONT DE NEMOURS & CO. tion on the merits of the appeal by the 5. Charles F. Booker. Court of Appeals. 6. R. Hazelwood. Notice of Filing of Petition Regarding Dated: November 23, 1970. 7. J. Moore. Pesticide Chemicals 8. Pasquale Barilla. S am D. F ine, 9. Martha D. Smudskl. Pursuant to provisions of the Federal Associate Commissioner 10. Charles A. Seel. Food, Drug, and Cosmetic Act (sec. 408 for Compliance. This redelegation supersedes the re- (d)(1), 68 Stat. 512; 21 U.S.C. 346a(d) [F.R. Doc. 70-16179; Filed, Dec. 2, 1970; delegation effective October 14, 1969 (34 (1)), notice is given that a petition (PP 8:46 a.m.] FJt. 15818). 1F1045) has been filed by E. I. du Pont de Nemours & Co., Wilmington, Del. 19898, (Redelegation by Regional Administrator effective 10/14/69 (34 F.R. 15818)) proposing the establishment of tolerances ISOPROPYL 4,4'-DIBROMOBENZILATE (21 CFR Part 120) for residues of the Effective date. This redelegation is fungicide benomyl (methyl 1-(butyl- Notice of Extension of Temporary effective upon publication in the F ederal carbamoyl) -2 -benzimidazolecarbamate) Tolerance R egister. in or on the raw agricultural commodities cucumbers, melons, pumpkins, summer At the request of The Geigy Chemical I ra Gissen, squash, and winter squash at 1 part per Corp., Ardsley, N.Y. 10502, a temporary Assistant Regional Administrator million. tolerance was established for residues of for Equal Opportunity, Region II. the insecticide isopropyl 4,4'-dibromo- The analytical method proposed in the [F.R. Doc. 70-16241; Filed, Dec. 2, 1970; benzilate in or on the raw agricultural 8:51 ajn.] petition for determining residues of the commodity group citrus fruits at 5 parts fungicide is the method of H. L. Pease per million on May 21,1969, for a period and J. A. Gardiner, “Journal of Agri­ of 1 year. (Notice was published in the cultural and Food Chemistry,” 17:267-70 F ederal R egister of May 30, 1969; 34 (1969). F.R. 8373.) DEPARTMENT OF Dated: November 23,1970. The firm has requested that the tem­ porary tolerance be extended for another TRANSPORTATION R. E. D uggan, year starting on October 1,1970, in order Acting Associate Commissioner to obtain additional data on the perform­ Coast Guard for Compliance. ance of this insecticide on a larger scale. [CGFR 70-148] IF.R. Doc. 70-16177; Filed, Dec. 2, 1970; The Commissioner of Food and Drugs 8:46 a.m.] concludes that such extension will pro­ DELAWARE RIVER tect the public health. A condition under Security Zone [Docket No. FDC-D-111; NDA No. 14-241] which the temporary tolerance is ex­ tended is that the insecticide will be used By virtue of the authority vested in UNIMED, INC. in accordance with the temporary permit the Commandant, U.S. Coast Guard, by issued by the U.S. Department of Agri­ Executive Order 10173, as amended (33 Sere Tablets; Notice of Action on culture. Distribution will be under The CFR Part 6), sec. 6(b)(1), 80 Stat. 937, Petition Geigy Chemical Corp. name. 49 U.S.C. 1655(b)(1), 49 CFR 1.46(b) A notice withdrawing approval of nev As extended, this temporary tolerance and the redelegation of authority to drug application No. 14-241 for Sei expires on October 1,1971. Chief, Office of Operations, U.S. Coast Guard, as contained in the F ederal Tablets and all amendments and sup This action is taken pursuant to pro­ Plements thereto and a notice denying R egister of May 27, 1970 (35 F.R. 8279), visions of the Federal Food, Drug, and I hereby affirm for publication in the petition of Unimed, Inc., Morristowi Cosmetic Act (sec. 408(j), 68 Stat. 516; N.J. 07960, to hold the proceeding i F ederal R egister the order of B. F. 21 U.S.C. 346a(j) ) and under the au­ Engel, Rear Admiral, U.S. Coast Guard, abeyance were published in the F ederji thority delegated to the Commissioner Commander, Third Coast Guard Dis­ R egister of November 14, 1970 (35 F.I (21 CFR 2.120). 17563-4). trict, who has exercised authority as On November 18, 1970, Unimed, Inc., Dated: November 23,1970. District Commander, such order reading nied with the Commissioner of Food and R. E. D uggan, as follows: urugs a petition requesting that the Acting Associate Commissioner Delaware River Security Zone order signed by the Commissioner on for Compliance. Under the present authority of section 1 ovember 6, 1970, withdrawing approval [F.R. Doc. 70-10178; Filed, Dec. 2, 1970; of title n of the Espionage Act of June 15, oi new-drug application 14-241 be stayed 8:46 a.m.] 1917, 40 Stat. 220, as amended, 50 U.S.C. 191,

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 No. 23' -7 18412 NOTICES and Executive Order 10173, as amended, I Resources Division, has further dele­ of this authority may only be made by declare that from 2:45 p.m., e.s.t., on Tuesday, gated certain responsibilities in connec­ the Chief Counsels to attorneys within December 15, 1970, until 4:15 p.m., e.s.t., on tion with the approval of the sufficiency their respective organizations. Tuesday, December 15, 1970, the following area is a security zone and I order it be closed of the title to land to the Department of If his organization does not have an to any person or vessel due to launching of Transportation as follows: attorney experienced and capable in the the “S.S. American Aquarius.” Delegation to the Department of T rans­ examination of title evidence, a Chief The waters of the Delaware River, Chester, portation for the Approval of the T itle Counsel may, with the concurrence of Pa., within the coordinates of latitude to Lands Being Acquired for Federal my office, request the Attorney General 39°50'36" N., longitude 75°21'22" W. at the P ublic P urposes to (1) furnish an opinion as to the valid­ shoreline of Chester, Pa., thence southeast Pursuant to the provision of Public Law ity of a title to real property or interest to latitude 39°50'16'' N., longtitude 75°21'07" therein, or (2) provide advice or assist­ W., thence northeast to latitude 39°50'45" 91-393, approved September 1, 1970, 84 Stat. N„ longitude 75°19'29" W., thence north to 835, amending R.S. 355 (40 U.S.C. 255), and ance in connection with determining the latitude 39°51'22" N., longitude 75°19'32" W. acting under the provisions of Order No. sufficiency of a title. No person or vessel shall remain in or enter 440-70 of the Attorney General, dated Octo­ ber 2,1970, the responsibility for the approval Issued in Washington, D.C., on No­ this security zone without permission of the vember 27, 1970. Captain of the Port. of the sufficiency of the title to land for the The Captain of the Port, Philadelphia, Pa., purpose for which the property is being James A. Washington, Jr., shall enforce this order. In the enforcement acquired by purchase or condemnation by the General Counsel. of this order, the Captain of the Port may United States for the use of your Depart­ utilize, by appropriate agreement, personnel ment is, subject to the general supervision [F.R. Doc. 70-16202; Filed, Dec. 2, 1970; and facilities of any other Federal agency, or of the Attorney General and to the follow­ 8:48 a.m.] or any State or political subdivision thereof. ing conditions, hereby delegated to your For violation of this order, section 2 of Department. title II of the Espionage Act of June 15, 1917 This delegation of authority is further (40 Stat. 220 as amended, 50 U.S.C. 192), subject to: provides: 1. Compliance with the regulations issued CIVIL AERONAUTICS BOARD “If any owner, agent, master, officer, or by the Assistant Attorney General on Octo­ [Dockets Nos. 21866, 22816; Order 70-11-134] person in charge, or any member of the crew ber 2, 1970, a copy of which is enclosed. 2. This delegation is limited to: AMERICAN AIRLINES, INC. of any such vessel fails to comply with any (a) The acquisition of land for which the regulations or rule issued or order given Order of Suspension and Investigation under the provisions of this chapter, or title evidence, prfepared in compliance with these regulations, consists of a certificate of Adopted by the Civil Aeronautics obstructs or interferes with the exercise of title, title insurance policy, or an owner’s any power conferred by this • chapter, the duplicate Torrens certificate of title. Board at its office in Washington, D.C., vessel, together with her tackle, apparel, (b) The acquisition of lands valued at on the 27th day of November 1970. furniture, and equipment, shall be subject $100,000 or less, for which the title evidence Fare increases in eight short-haul to seizure and forfeiture to the United States consists of abstracts of title or other types markets proposed by 'American Airlines, in the same manner as merchandise is for­ of title evidence prepared in compliance Inc.; Docket 21866, 22816. feited for violation of the customs revenue with said regulations. laws; and the person guilty of such failure, By tariff revisions marked to become As stated in the above-mentioned act, any effective December 4, 1970,1 American obstruction, or interference shall be pun­ Federal department or agency which has ished by imprisonment for not more than been delegated the responsibility to approve Airlines, Inc. (American), proposes to 10 years, and may, in the discretion of the land titles under the Act may request the increase regular fares in eight short-haul court, be fined not more than $10,000. Attorney General to render his opinion as markets. The present and proposed “ (a) If any other person knowingly fails to the validity of the title to any real prop­ coach fares before tax are as follows: to comply with any regulation or rule issued erty or interest therein, or may request the or order given under the provisions of this advice or assistance of the Attorney General chapter, or knowingly obstructs or inter­ City pair Present Proposed in connection with determinations as to the coach fare coach fare* feres with the exercise of any power conferred sufficiency of titles. by this chapter, he shall be punished by imprisonment for not more than 10 years and This 2d day of October 1970. Boston-Washington...... $33.33 $35.19 Chicago-Detroit______23.15 25.93 may, at the discretion of the court, be fined Shiro Kashiwa, Chicago-St. L ouis...... 24.07 26.85 not more than $10,000.” Assistant Attorney General, Land New York-Boston...... 20.37 24.07 and Natural Resources :Division. New York-Buffalo...... 26.85 29.63 Dated: November 30,1970. New York-Rochester...... 24.07 26.85 New York-Syracuse______21.30 25.00 R. E. Hammond, The above authority was delegated to New York-Washington...... ___ 22.22 25.00 Rear Admiral, U.S. Coast Guard, the General Counsel of the Department of Transportation by Amendment 1-41 Chief, Office of Operations. 1 First-class fares would be set at 125 percent of coach: to Part 1 of Title 49, Code of Federal Youth-standby and military-reservation fare discounts (F.R. Doc. 70-16246; Filed, Dec. 2, 1970; Regulations, 35 F.R. 17658, November 17, have been reduced from 40 percent to 33H percent and 8:51 a.m.] 1970. from 33}i percent to 25 percent, respectively. In consideration of the foregoing and American states that its purpose is to bring revenues more into line with costs Office of the Secretary pursuant to the authority delegated to the General Counsel of the Department in the eight high-density, short-haul CHIEF COUNSELS of Transportation by § 1.59(k) of the markets selected, and to test the effect Regulations of the Office of the Secre­ on traffic of fare increases in such mar­ Redelegation of Authority To Approve tary of Transportation (49 CFR 1.59 kets. It alleges that each of the markets Sufficiency of Title to Land (k)), the Chief Counsels of the Federal selected is characterized by high load Section 355 of the Revised Statutes, Aviation Administration, Federal High­ factors (which negates the claim that as amended by Public Law 91-393, 84 way Administration, National Highway passengers are being required to pay for Stat. 835 (40 U.S.C. 255) authorizes the Safety Bureau, U.S. Coast Guard, Fed­ unneeded capacity), and involves opera­ Attorney General to delegate to other eral Railroad Administration, Urban tion to and from large hub airports where departments and agencies his authority Mass Transportation Administration, the cost of doing business is substan­ to give written approval of the sufficiency and the St. Lawrence Seaway Develop­ tially higher than at other airports it of the title to land being acquired by the ment Corporation are hereby authorized serves. American adds that it has had United States. The Attorney General has to approve the sufficiency of the title to losses in these markets for each month delegated to the Assistant Attorney land being acquired by purchase or con­ of 1970, totaling over $£.7 million for General in charge of the Land and demnation by the United States for the the first 9 months. Assuming no loss of use of their respective organizations. traffic, it further estimates that the fare Natural Resources Division the authority increases will add about $8 million to its to make delegations under that law to This delegation is subject to the limita­ tions imposed by the Assistant Attorney revenues for the full year 1971. other Federal departments and agencies General, Land and Natural Resources (35 F.R. 16084; 28 CFR 0.66). The Assist­ Division, in his delegation to the Depart­ 1 Revisions to Airline Traffic Publishers, ant Attorney General, Land and Natural ment of Transportation. Redelegations Inc., Agent, Traffic CAB No. 136.

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18413

Complaints have been filed by certain ated.4 In any event, suffice it to say that they apply to the filing considered Members of Congress, and the Depart­ congestion with its attendant higher op­ herein. ment of Defense. The complaint of the erating cost does exist and cannot be This order will be published in the Members of Congress alleges that the rectified overnight, whatever the root F ederal R egister. higher cost of operations in the markets cause. On this basis, and in view of this in question is the result of (a) the car­ carrier’s and the trunklines’ substand­ By the Civil Aeronautics Board.8 rier’s use of aircraft which are less ard earnings, we believe the proposed [seal] Harry J. Zin k , economical and efficient than others, and coach fares, with one exception,® should Secretary. (b) the congestion at hub-point airports . be permitted to become effective pend­ ing a final determination of their law­ [F.R. Doc. 70-16219; Filed, Dec. 2, 1970; resulting from the operation of an ex­ 8:49 a.m.] cessive number of long-haul flights in fulness in the current fare investigation major dense markets at below average in the light of the particular circum­ load factors. The complaint asserts that stances encountered in these markets [Docket No. 22815; Order 70-11-137] the traveling public in the eight markets which create costs not generally typical in question is now being asked to pay for of the overall air transport system. We AMERICAN AIRLINES, INC., AND uneconomical and inefficient service will suspend the proposed first-class fares FLYING TIGER LINE INC. and military-standby fares in these mar­ conducted in other markets. Order of Suspension and Investigation The complaint of the Department of kets since they reflect rounding tech­ Defense asserts that there is no valid niques inconsistent with Order 70-10- Adopted by the Civil Aeronautics reason for considering the selected in­ 145.“ Board at its office in Washington, D.C., creases proposed outside the scope of Accordingly, pursuant to the Federal on the 27th day. of November 1970. the Domestic Passenger-Fare Investiga­ Aviation Act of 1958, and particularly By tariff revision1 filed" October 30, tion, Docket 21866. sections 204(a) and 1002 thereof: 1970, for effectiveness November 30,1970, American’s instant proposals to in­ It is ordered, That: the Flying Tiger Line Inc. (Flying Tiger) crease certain coach fares come within 1. An investigation be instituted to proposes to extend to November 30, the scope of the Domestic Passenger- determine whether the M class (Mili­ 1971, the present expiry date on general Fare Investigation now actively in proc­ tary Standby) fares described in Ap­ commodity shipments in five or more ess and their lawfulness will be deter­ pendix A attached hereto,7 and rules, Type A containers (multicontainer mined in that proceeding. It is antici­ regulations, and practices affecting such rates). By a similar tariff filing to be pated that a decision on the fare level fares, are or will be unjust, unreasonable, effective December 1, 1970, American and directly related issues will be reached unjustly discriminatory, unduly prefer­ Airlines, Inc. (American) proposes to ential, unduly prejudicial, or otherwise eliminate its present expiry date on such by about April 1, 1971. The issue now .multicontainer rates. These rates are before us is ■whether to permit to become unlawful, and if found to be unlawful, to determine and prescribe the lawful in effect in 21 markets, namely, west­ effective or suspend these proposed fares fares, and rules, regulations, or prac­ bound from Boston, New York, and pending a final determination of their tices affecting such fares; Newark to Los Angeles, Oakland, and San Francisco, and eastbound from such lawfulness in that investigation. 2. Pending hearing and decision by American’s coach-fare filing involves California points to Boston, Chicago, the Board, the fares described in Appen­ New York, and Newark. only eight markets out of its entire do­ dix A attached hereto8 are suspended In support of its proposal, Flying mestic system and purports to be justi­ and their use deferred to and including Tiger acknowledges that these volume fied on facts and circumstances peculiar March 3, 1971, unless otherwise ordered discounts are not supported by cost by the Board, and that no changes be differentials, but that there are signifi­ to operations at and between these par­ made therein during the period of sus­ ticular points. As such, this filing does cant price policy considerations which pension except by order or special per­ require continuation of multicontainer not involve an evaluation of basic costs mission of the Board; rates, at least bn a further temporary of service, including load factors, now 3. A copy of this order will be filed with basis, and that “on balance, * * * fur­ underway in the passenger fare investi­ the aforesaid tariffs and be served upon ther extension of multicontainer rates at gation to the same degree as the earlier all parties in Docket 21866; and their present level is essential.” tariff proposals to increase all or most 4. Except to the extent granted herein, Flying Tiger asserts, inter alia, that coach fares which were suspended pend­ the complaints in Dockets 22706 and the present multicontainer rates should 22708 are hereby dismissed insofar as remain in effect until the Board resolves ing investigation* certain basic competitive questions that The relatively high cost of operating revolve about discount pricing for volume into congested airport areas is generally * American states in its answer to the com­ shipments.* Flying Tiger further states plaint of Members of Congress that trans­ acknowledged. Moreover, American has continental flights comprise only 7 percent that the scheduled air cargo system must submitted data which indicate that, de­ of the total number of domestic flights serv­ retain the large volume shipper; that spite high passenger load factors dur­ ing New York and a reduction of 10 percent without the economies of scale reflected in these flights would result in a decrease of in volume discounts there would be no ing the sample period selected,3 it never­ less than one percent in total flight opera­ recourse but to further burden small theless operated at a loss in each market. tions at New York. shipments with price increases; and that The allegation regarding the cause of the 6 It is not clear from the manner in which if volume shippers can obtain reduced the coach fares are constructed whether or rates outside the scheduled system, i.e., congestion set forth in the complaint of not they pose a rounding problem from a certain Members of Congress has not technical standpoint. However, in only one charter, they will tend to leave the been supported, nor does the complaint case does the resulting fare exceed the level system. which would be derived from taking the pre- A complaint requesting suspension and indicate to what extent costs could be July 1 fare as a base and applying rounding investigation of Flying Tiger’s proposal reduced assuming arguendo a reduction techniques consistent with the Board’s de­ was filed by American, and the latter’s in the number of long-haul flights oper- cision in Order 70-10-145. The one exception tariff filing eliminating the expiration is the Buffalo-New York fare which is higher date on its multicontainer rates is a de­ than the level produced by this construction, fensive action only. The complaint as­ 2 Order 70-9-123. and we are herein suspending that fare. 8 For the month of July 1970 American • American’s proposed family and children’s serts, inter alia, that multicontainer indicates that it experienced an aggregate fares were suspended by Order 70-10—145 load factor in the eight markets of 67 per­ and its proposed youth-standby and military- 1 Revisions to Airline Tariff Publishers, cent. Data submitted in Phase 6 of the Do­ reservation fares were suspended by Order Inc., Agent, Tariff CAB No. 131. mestic Passenger-Fare Investigation indicate 70-11-93. 2 Docket 22057—Airlift-Shulman Charter that in these same markets American experi­ 7 Filed as part of the original document. Agreement, Shulman—WTC Joint Loading enced very similar load-factor levels for the «Concurring and dissenting statements of Agreement; Docket 22098—Universal Charter months of February, May, August, and No­ Vice Chairman Gilliland and Member Min- Tariff Investigation; and Docket 22409— vember 1969.X etti filed as part of original document. NACA Petition for Rule-Making (EDR-183).

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18414 NOTICES rates do not meet Flying Tiger’s revenue to determine and prescribe the lawful earnings it is neither realistic nor lawful need, and that multicontainer rates are rates and charges, and rules, regula­ for the Board to reject its proposal on the discriminatory in that they afford some tions, or practices affecting such rates grounds that carriers have not demon­ shippers rate reductions without justifi­ and charges; strated that a fare increase is essential to cation. American further states that 2. Pending hearing and decision by preserve the economic viability of the these rates have been extended re­ the Board, the rates and charges de­ industry. Braniff further alleges that the peatedly since October 21,1968, notwith­ scribed in Appendix A hereto4 are sus­ financial decline of the industry has been standing the fact that the Board has pended and their use deferred to and rapid and severe; that an immediate re­ continually expressed concern with their including February 27, 1971, unless versal of recent adverse results is essen­ economic validity. While Flying Tiger otherwise ordered by the Board, and that tial if Braniff is to maintain its services contends that the current rates cover no changes be made therein during the and credit, and fulfill its contractual costs, American states that when reve­ period of suspension except by order or commitments; and that the pendency of nues are adjusted to reflect the lower special permission of the Board; the Domestic Passenger—Fare Investiga­ eastbound rates costs are not covered. 3. The proceeding herein be assigned tion cannot warrant a delay of urgently Upon consideration of the complaint for hearing before an examiner of the needed fare adjustments. and other relevant matters, the Board Board at a time and place hereafter to The Department of Defense (DOD) finds that the proposed elimination and be designated; and has filed a complaint against the pro­ extension of the expiry dates on the 4. Copies of this order shall be filed posed increases, alleging that there has multicontainer rates may be unjust, un­ with the tariff named above and shall been no showing of need nor any justifi­ reasonable, unjustly discriminatory, un­ be served upon American Airlines, Inc., cation whatsoever for increasing these duly preferential, unduly prejudicial, or and The Flying Tiger Line, Inc., which fares. The complaint is directed essen­ otherwise unlawful, and should be sus­ are hereby made parties to this tially at the increases in military fares, pended pending investigation. On sev­ proceeding. and alleges that DOD has an extreme in­ eral previous occasions, the Board has terest in the continuation of military questioned the economic validity of This order will be published in the fares at the present level to preserve multicontainer rates, and has generally Federal R egister. morale in the armed services. permitted extensions thereof in trans­ By the Civil Aeronautics Board. Braniff’s proposals to increase normal continental markets only because the [seal] Harry J. Zink, coach fares and youth-standby fares rates were increased as a step toward Secretary. come within the scope of the ongoing elimination of such rates. Domestic Passenger—Fare Investigation The Board recognized in Order 69-12- [F.R. Doc. 70-16218; Piled, Tlec. 2, 1970; and their lawfulness will be determined 111, “that a termination of these rates 8:49 a.m.] in that proceeding. We expect to issue at this time without a reasonable lead a decision on the fare level and directly time may effect hardship on shippers [Dockets Nos. 21866, 22817; Order 70-11-133] related issues by approximately the first who had made plans on the basis of the BRANIFF AIRWAYS, INC. % of April 1971. A final decision concerning reduced rates.” Effective April 1, 1970, discount fares, including the youth- the carriers were permitted to increase Order of Investigation and Suspension standby fares, should be reached soon thereafter. The immediate question then their multicontainer rates by approxi­ Adopted by the Civil Aeronautics mately 7 percent and to extend the ex­ is whether to permit the increases to be­ Board at its office in Washington, D.C., come effective or to suspend them pend­ piration date of September 30, 1970.® on the 27th day of November 1970. The current disparity between the ing investigation. The proposals with current multicontainer rates and the By tariff revisions1 marked to become respect to military, children’s, and current single container rates is approxi­ effective December 7 and December 21, minors’ fares are not within the general mately 5 to 7 percent in the minimum 1970, Braniff Airways, Inc. (Braniff) pro­ investigation. charges, and from 36 to 48 percent in poses to increase normal coach fares and In Order 70-11-93, the Board sus­ the excess rates (the excess rates apply to increase the percentage relationships pended and ordered investigated pro­ above the pivot-weight of 3,200 pounds of various discount fares to coach fares. posed increases in military-reservation in all markets). Based on the average The December 7 proposal would increase fares filed by other trunklines and we weight of a container the suspension of normal coach fares in markets under 500 shall take the same action here as re­ the current multicontainer rates will re­ miles by increasing pre-July 1,1970 fares gards the Braniff filing for the same rea­ sult in a rate increase of approximately $2, then rounding-up for the tax adjust­ sons. Similarly, we shall suspend and 10 to 12 percent. The carriers have there­ ment. First-class and promotional fares investigate the proposed increases in fore been permitted to retain the cur­ were recalculated on the basis of the pro­ military-standby fares. Both fares have rent rates for 8 months and now propose posed coach fares. had wide usage by military personnel on to further extend the rates at the same The December 21 proposal would in­ furlough and as such are invested with level. The carriers, however, have made crease normal coach fares in markets broad public interest and national de­ no showing that the rates will cover above 500 miles by 3 percent. Braniff also fense considerations which should be costs or that further extensions of the proposes, effective December 21, to in­ carefully explored before significant in­ current rates will not discriminate crease-children’s fares and fares for mi­ creases are permitted. against the single-container shipper. nors accompanied by a family member In the same order, the Board decided Accordingly, pursuant to the Federal (children ages 2 to 12) from 50 to 66% it would permit to become effective pend­ Aviation Act of 1958, and particularly percent of the normal adult fare; mili­ ing investigation proposals to reduce the sections 204(a) and 1002 thereof:. tary standby fares from 50 to 66% per­ youth-standby discount from 40 to 33 Mi cent of the coach fare; military-reserva­ percent.2 We reach the same conclusions It is ordered, That: tion fares from 66% to 75 percent of the here with respect to the Braniff filing for 1. An investigation be instituted to de­ coach fare; and youth-standby fares the same reasons but will suspend the termine whether the rates and charges from 60 to 66% percent of coach fare. fares filed because they are based on described in Appendix A attached In support of the proposed increases in coach fares we are herein suspending. We hereto,4 and rules, regulations, or prac­ markets under 500 miles, Braniff alleges will also permit to become effective with­ tices affecting such rates and charges, that short-haul services are more costly out investigation the proposed increase are or will be, unjust, unreasonable, un­ despite load factors which are generally to 66% percent of coach fares for chil­ justly discriminatory, unduly preferen­ higher than its system average. In sup­ dren and minors accompanied by a tial, unduly prejudicial, or otherwise port of the increases proposed in markets family member, since a one-third dis­ unlawful, and if found to be unlawful, over 500 miles, Braniff cites rising cost count does not appear unreasonable for levels and its cost-control efforts, and al­ traffic traveling on a reservation basis. » Order 70-9-145 dated Sept. 28, 1970, fur­ leges that in view of the industry’s poor ther extended such expiration date to 2 The proposed fares were suspended solely Nov. 30, 1970. 1 Revisions to Airline Tariff Publishers, Inc., because the construction reflected multtp 4 Piled as part of the original document. Agent, Tariffs C.A.B. Nos. 136 and 142. and upward-only roundings.

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18415

This action is consistent with Order To­ use deferred to and including March 6, Mohawk has also reduced the total ll-^ , in which we premitted other dis­ 1971, unless otherwise ordered by the number of its flight schedules and has count fares to be increased as a means Board, and that no changes be made reallocated some schedules to more prof­ of increasing revenues in this period of therein during the period of suspension itable routes, but it indicates that these adverse industry earnings. except by order or special permission of changes will not appreciably decrease its Braniff’s proposals to increase normal the Board; current annual break-even need. coach fares would, in two steps, involve 3. A copy of this order will be filed In support of its proposal, Northeast its entire domestic system. These in­ with aforesaid tariffs and be served upon asserts that it has sustained all of the creases necessarily involve an evaluation all parties in Docket 21866; cost increases common to the industry, of basic costs of service, including passen­ 4. Braniff Airways, Inc., and the com­ certain of which (e.g., wages, rents, and ger load factors, now under review in the plainant in Docket 22708, are hereby landing fees) it has incurred to a greater general fare investigation. By Order 70- made parties to the investigation ordered degree than any other trunkline carrier. 9-123, September 24, 1970, we suspended, in paragraph 1 above which will be as­ It further alleges that its needs are pending investigation, a series of tariff signed for hearing before an Examiner greater than the industry’s generally, be­ filings by various domestic trunklines of the Board at a time and place here­ cause of problems related to its size, which would have effected broad across- after to be designated; and length of haul, and its area of operation. the-board increases in coach fares. For 5. Except to the extent granted here­ Both Mohawk and Northeast assert that similar reasons, we have decided to sus­ in, the complaint in Docket 22708 is here­ revenue increases .are needed now, and pend Branifif’s coach tariff filing.3 We will by dismissed insofar as it applies to fil­ cannot await conclusion of the Domestic also suspend, pending investigation, the ings considered herein. Passenger-Fare Investigation. fare proposals which are based on these This order will be published in the The Department of Defense (DOD) coach fares notwithstanding the merits F ederal R egister. has filed a complaint against Mohawk’s of same as discussed above. We are aware proposal. DOD asserts generally that it of the continuing adverse financial posi­ By the Civil Aeronautics Board.7 does not believe the increases can be tion of Braniff and the industry in gen­ [seal] Harry J. Zin k , justified and that no valid reason exists eral and have indicated we will permit Secretary. for considering these selective increases prompt increases in various discount and [F.R. Doc. 70-16220; Piled, Dec. 2, 1970; outside the pending Domestic Pasenger- first-class fares designed to improve car­ 8:49 a.m.] Fare Investigation, Docket 21866. rier revenues and earnings pending com­ The instant proposals are automati­ pletion of the Domestic Passenger-Fare [Docket Nos. 21866, 22813; Order 70-11-136] cally within the scope of the Domestic Investigation.4 However, we remain of the Passenger-Fare Investigation now ac­ view that general increases in the level MOHAWK AIRLINES, INC., AND tively being processed and their lawful­ of normal coach fares should not be per­ NORTHEAST AIRLINES, INC. ness will be determined in that proceed­ mitted at this time for the reasons stated ing. At this juncture we anticipate that in Order 70-9-123, particularly since we Order of Investigation and Suspension a decision on the fare level and directly anticipate reaching a decision as to fare related issues will be reached by about level in the relatively near future. Adopted by the Civil Aeronautics Board at its office in Washington, D.C., the first of April 1971. The issue now Upon consideration of the tariff pro­ before the Board is whether to suspend posals, the Board finds that the proposed on the 27th day of November 1970. By tariff revisions1 marked to become or allow these fare increases pending a military-standby and reservation fares final determination of their lawfulness may be unjust, unreasonable, unjustly effective December 1, 1970, Mohawk Air­ lines, Inc. (Mohawk) proposes to in­ in the passenger-fare investigation. discriminatory, unduly preferential, un­ Both proposals involve the basic nor­ duly prejudicial, or otherwise unlawful crease its present regional class fares in markets under 500 miles by $1 plus 3 per­ mal fares charged by these carriers over and should be investigated. For the rea­ a very substantial portion of their re­ sons stated above, we find that all fares cent, and rounding up for the tax adjust­ ment. Northeast Airlines, Inc. (North­ spective systems. The carriers justify encompassed in the proposal5 should be their filings in terms of circumstances suspefided pending investigation. east) proposes to increase its coach fares effective December 12, 1970 by adding generally applicable to the bulk of their Accordingly, pursuant to the Federal routes. As such, these proposals neces­ Aviation Act of 1958, and particularly $2 to the fare in effect June 30, 1970 and rounding up for the tax adjustment—the sarily involve an evaluation of basic costs sections 204, 403, 404, and 1002 thereof: of service, including passenger load fac­ It is ordered, That: mileage cutoff likewise being 500 miles. In support of its proposal, Mohawk as­ tors, now under review in the general 1. An investigation be instituted to investigation. In this respect these fil­ determine whether the increased M serts that its recent losses have been so severe as to result in a negative retained ings are similar to the tariffs filed by (military standby) and YM (military re­ various domestic air carriers for effec­ servation) fares described in appendix A surplus of nearly $10 million. The carrier asserts that its revenue need is more tiveness on October 15, 1970,2 and sus­ attached hereto,* and rules, regulations, pended by the Board pending investiga­ and practices affecting such fares, are or urgent than other carriers, and indicates that for the 12 months ended August tion. For similar reasons, we have de­ will be unjust, unreasonable, unjustly cided to suspend the Mohawk and North­ discriminatory, unduly preferential, un­ 1970 it needed an additional $6.5 million to cover total expenses. It is further al­ east filings except as set forth below.3 duly prejudicial, or otherwise unlawful, However, the Mohawk and Northeast and if found to be unlawful, to determine leged that a significant part of Mohawk’s filings include fare increases for various and prescribe the lawful fares, and rules, cost difficulties stems from the fact that short-haul markets involving New York, regulations, or practices affecting such it operates largely in highly congested fares; Boston, Washington, and Chicago which areas—58 percent of its available seat appear to stem from cost levels, due to 2. Pending hearing and decision by the miles being operated to, from, or through airway and airport congestion and high Board, the fares described in appendix A the New York air traffic control system. costs of operating at those points, not attached hereto6 are suspended and their The carrier states that it has been work­ typical of the industry as a whole. By ing closely with the FAA to bring about Order 70-11-134, we have decided to •Braniff has filed to amend its proposed some relief in the air traffic control area, permit American Airlines to effect fare coach fares to reflect upward and downward but estimates that recent efforts in this increases in a limited number of short- roundings in their construction in lieu of area should result in operating cost sav­ haul markets involving these four points, the upward-only roundings used in the orig­ ings of no more than $200,000 annually. inal filing. However, as indicated, the pro­ pending investigation, on the basis of posed coach fares are being suspended on the atypical costs of operation in these other grounds. 7 Concurring and dissenting statements of markets. For similar reasons, we would •Order 70-11-93. Vice Chairman Glllllland and Members permit these fare increases, i.e., fares 3 Except children’s fares and flares forAdams, Murphy and Minettl filed os part of minors accompanied by a family member the original document. Which are published by rule. 1 Revisions to Airline Tariff Publishers, * Order 70-9-123. * Piled as part of the original document. Inc., Agent, Tariff, CAB No. 136. * Of. Order 70-11-133.

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18410 NOTICES

to or from Boston, New York, Washing­ proceeding now assigned to be held on multiple savings and loan holding com­ ton, and Chicago in markets of up to December 2,1970 is postponed to Decem­ pany, under the provisions of section 500 miles to become effective pending ber 9, 1970 at 10 a.m., e.s.t., in Room 911, 408(e) of the National Housing Act, as investigation. However, the fares as filed Universal Building, 1825 Connecticut amended (12 U.S.C. 1730a(e)), and reflect multiple roundings or upward- Avenue NW., Washington, DC, before § 584.4 of the regulations for Savings and only roundings and must be suspended the undersigned examiner. Loan Holding Companies. The proposed on that ground alone. We are also order­ Statements of proposed issues, pro­ acquisitions would be effected by an ex­ ing investigated, and suspending Mo­ posed procedural dates, and requests for change of stock of said holding com­ hawk’s proposed military-standby fares, information and evidence now due to be panies. The plan of acquisition contem­ since they are based on the increased filed November 27, 1970, shall be filed plates that Equitable Savings and Loan regional fares. with the Examiner, Bureau Counsel, and Association and Equitable Savings and Accordingly, pursuant to the Federal the parties named in Order 70-4-51 on Loan Association of California, insured Aviation Act of 1958, and particularly or before December 4, 1970. subsidiaries of LFC Financial Corp., and sections 204(a), 403, 404, and 1002 Dated at Washington, D.C., Novem­ Santa Rosa Savings and Loan Associa­ thereof: ber 27, 1970. tion, an insured subsidiary of Great It is ordered, That: Western Financial Corp., will be merged 1. An investigation be instituted to [seal] J ohn E. F aulk, into Great Western Savings and Loan determine whether the M class (Military Hearing Examiner. Association, also an insured subsidiary Standby) fares described in Appendix A [F.R. Doc. 70-16217; Filed, Dec. 2, 1970; of Great Western Financial Corp. Com­ attached hereto,* and rules, regulations, 8:49 a.m.] ments on the proposed acquisition should and practices affecting such fares, are or be submitted to the Director, Office of will be unjust, unreasonable, unjustly Examinations and Supervision, Federal discriminatory, unduly preferential, un­ [Docket No. 22617] Home Loan Bank Board, Washington, DC 20552, within 10 days of the date duly prejudicial, or otherwise unlawful, WTC AIR FREIGHT and if found to be unlawful, to determine this notice appears in the F ederal and prescribe the lawful fares, and rules, Notice of Hearing R egister. regulations, or practices affecting such Aggregate rates proposed by WTC Air By the Federal Home Loan Bank fares; , Freight. Board. 2. Pending hearing and decision by the Board, the fares described in Appendix A Notice is hereby given, pursuant to [ seal] J ack Carter, attached hereto,* are suspended and their the provisions of the Federal Aviation Secretary. use deferred to and including Febru­ Act of 1958, as amended, that a hearing [F.R. Doc. 70-16244; Filed, Dec. 2, 1970; ary 28, 1971, unless otherwise ordered in the above-entitled proceeding will be 8:51 a.m.] by the Board, and that no changes be held on January 5, 1971, at 10 a.m„ e.s.t., made therein during the period of sus­ in Room 911, Universal Building, 1825 pension except by order or special per­ Connecticut Avenue NW., Washington, mission of the Board; DC, before the undersigned examiner. FEDERAL COMMUNICATIONS 3. A copy of this order will be filed For information concerning the issues with the aforesaid tariffs and be served involved and other details in this proceed­ COMMISSION upon all parties in Docket 21866; ing, interested persons are referred to the Report of Prehearing Conference, [Report 520] 4. Mohawk Airlines, Inc., and the com­ served November 16,1970, and other doc­ COMMON CARRIER SERVICES plainant in Docket 22708 are hereby uments which are in the docket of this made parties to the investigation ordered proceeding on file in the Docket Section INFORMATION 1 in paragraph 1 above, which will be as­ of the Civil Aeronautics Board. signed for hearing before an Examiner Domestic Public Radio Services of the Board at a time and place here­ Dated at Washington, D.C., Novem­ Applications Accepted for Filing 2 ber 25, 1970. after to be designated; and N ovember 30, 1970. 5. Except to the extent granted herein, [seal] Edward T. S todola, Pursuant to §§ 1.227(b) (3) and 21.30 the complaint in Docket 22708 insofar as Hearing Examiner. (b) of the Commission’s rules, an appli­ it applies to the filings considered herein [F.R. Doc. 70-16216; Filed, Dec. 2, 1970; cation, in order to be considered with is dismissed. 8:49 a.m.] any domestic public radio services ap­ This order will be published in the plication appearing on the list below, F ederal R egister. must be substantially complete and ten­ dered for filing by whichever date is ear­ By the Civil Aeronautics Board.5 FEDERAL HOME LOAN BANK BOARD lier: (a) The close of business 1 business [seal] H arry J. Zink , [No. 70-441] day preceding the day on which the Com­ Secretary. mission takes action on the previously [F.R. Doc. 70-16221; Filed, Dec. 2, 1970; GREAT WESTERN FINANCIAL CORP. filed application; or (b) within 60 days 8:49 a.m.] Notice of Intention To Acquire LFC after the date of the public notice list­ Financial Corp. ing the first prior filed application (with [Docket No. 22098] N ovember 27,1970. which subsequent applications are in UNIVERSAL AIRLINES, INC. Resolved that the Secretary to the Fed­ conflict) as having been accepted for eral Savings and Loan Insurance Cor­ filing. An application which is subse­ Notice of Postponement of Prehearing poration is hereby directed to file the fol­ quently amended by a major change will Conference lowing notice for publication in the F ed­ Cargo charter charges established by eral R egister and with the Savings and 1 All applications listed below are subject Universal Airlines, Inc. Loan Commissioner, State of California. to further consideration and review and may Notice is hereby given that the pre- Notice is hereby given that the Fed­ be returned and/or dismissed if not found to hearing conference in the above-entitled eral Savings and Loan Insurance Cor­ be in accordance with the Commission’s rules, poration has received an application from regulations, and other requirements. 2 The above alternative cutoff rules apply * Filed as part of the original document. the Great Western Financial Corp., a to those applications listed below as having 5 Concurring statement of Vice Chairman multiple savings and loan holding com­ been accepted in Domestic Public Land Gillilland and concurring and dissenting pany, Beverly Hills, Calif., for approval Mobile Radio, Rural Radio, Point-to-Point statement of member Minetti filed as part of of acquisition of control of the LFC Microwave Radio, and Local Television the original document. Financial Corp., Los Angeles, Calif., a Transmission Services (Part 21 of the rules).

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 be considered to be a newly filed appli­ The attention of any party In interest r u r a l r a d io s e r v ic e — c o n t i n u e d cation. It is to be noted that the cutoff desiring to file pleadings pursuant to sec­ 2728—Cl—P—71—Louisiana Offshore Telephone Co., Inc. (New), Same as above, except, to be dates are set forth in the alternative— tion 309 of the Communications Act of located at South Timbalier Area, Block 54, Platform A, Gulf of Mexico. applications will be entitled to considera­ 1934, as amended, concerning any domes­ Major Amendment tion with those listed below if filed by tic public radio services application ac­ the end of the 60-day period, only if the cepted for filing, is directed to § 21.27 of 2006-C1-P/L-70—RCA Alaska Communications, Inc., Amend to add frequency 75.86 MHz. Commission has not acted upon the ap­ the Commission’s rules for provisions All other particulars same as reported on Public Notice dated Oct. 27, 1969. plication by that time pursuant to the governing the time for filing and other POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) first alternative earlier date. The mutual requirements relating to such pleadings. American Telephone & Telegraph Co., 11 C.P. applications to install Western Electric Type exclusivity rights of a new application F ederal Communications TH-3 equipment at the radio relay stations between Jasper, Ala., and Dahlonega, Ga., are governed by the earliest action with Commission, to provide the initial TH-3 channels on the presently authorized TD-2 route. respect to any one of the earlier filed [seal] B en F. Waple, 2693- C1-P-71—American Telephone & Telegraph Co. (KRS91), Add frequencies 5974.8, conflicting applications. Secretary. 6034.2, and 6152.8 MHz toward Warrior, Ala. Station location: 3.5 miles southwest of Jasper, Ala. Applications Accepted for P iling 2694- C1-P-71:—American Telephone & Telegraph Co. (KIS34), Add frequencies t 6226.9, 6286.2, and 6404.8 MHz toward Jasper and Nectar, Ala. Station location: 4.5 miles north­ DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE west of Warrior, Ala. 2685- C2-TC-71—General Telephone Co. of Georgia, Consent to transfer of control from 2695- C1-P-71—American Telephone & Telegraph Co. (KRS92), Add frequencies 5974.8, General Telephone Co. of Georgia, Transferor, to General Telephone Co. of the Southeast, 6034.2, and 6152.8 MHz toward Warrior and Douglas, Ala. Station location: 2.9 miles Transferee KIY396—Dalton, Ga. north-northwest of Nectar, Ala. 2686- C2-P-(4)71—The Southern New England Telephone Co. (New), C.P. for new 1-way 2696- C1-P-71—American Telephone & Telegraph Co. (KRR79), Add frequencies 6226.9, facilities to operate on frequency 158.100 MHz at location No. 1: 128 Court Street, New 6286.2, and 6404.8 MHz toward Nectar and Crossville, Ala. Station location: 0.5 mile Haven, CT; location No. 2 : 942 Main Street, Branford, CT; location No. 3: 89 North Main northwest of Douglas, Ala. Street, Wallingford, CT; and location No. 4: 74 High Street, Milford, CT. 2697- Cl—P—71—American Telephone & Telegraph Co. (KRR78), Add frequencies 5974.8, 2690- C2-P-71—Longview Mobilfone Service (KKN282), C.P. to change the antenna system 6034.2, and 6152.8 MHz toward Douglas and Fort Payne, Ala. Station location: 1 mile and relocate facilities operating on 152.03 and 152.15 MHz to East Mountain, 8 miles south of Crossville, Ala. northwest of Longview, Tex. 2698- C1-P-71—American Telephone & Telegraph Co. (KRS89), Add frequencies 6226.9, 2691- C2-P-71—Longview Mobilfone Service (KQZ761), Same as above, except, frequency 6286.2, and 6404.8 MHz toward Crossville, Ala., and Summerville, Ga. Station location: 152.24MHz (1-way). 2 miles east of Fort Payne, Ala. NOTICES 2692- C2-P-71—The Ohio Bell Telephone Co. (KQD612), C.P. to replace the transmitters 2699- C1-P-71—American Telephone & Telegraph Co. (KRT23), Add frequencies 5974.8, operating on 454.700 MHz base and 454.675 MHz signaling and change the antenna system 6034.2, and 6152.8 MHz toward Fort Payne, Ala., arid Shannon, Ga. Station location: at 6340 Schull Road, 9 miles northeast of Dayton, Ohio (air-ground). 2.2 miles east of Summerville, Ga. 2720- C2-P-71—Radio Telephone Co. of Gainesville (KFL922), C.P. to change the antenna 2700- C1-P-71—American Telephone & Telegraph Co. (KRT21), Add frequencies 6226.9, system and relocate facilities at location No. 1 to: State Highway No. 346, 4.5 miles east- 6286.2, and 6404.8 MHz toward Summerville and Fairmount, Ga. Station location: 2 miles southeast of Archer, Fla. Frequency 152.18 MHz. east of Shannon, Ga. 2*703—Cl—P—71—American Telephone & Telegraph Co. (KRS93), Add frequencies 5974.8, 2721- C2-P-71—RAM Broadcasting of Massachusetts, Inc. (KCC263), C.P. to add frequency 6034.2, and 6152.8 MHz toward Shannon and Emma, Ga. Station location: 1.8 miles 454.100 MHz at location No. 3: 50 Bear Hill Road, Waltham, MA. northeast of Fairmount, Ga. 2735-C2-AL-71—Murray Cohen, Consent to assignment of license from Murray Cohen, 2702- C1-P-71—American Telephone & Telegraph Co. (KRS95), Add frequencies 6226.9, Assignor, to Aircall New York Corp., Assignee KCI299—New Haven, Conn. 6286.2, and 6404.8 MHz toward Fairmount and Dahlonega, Ga. Station location: 6.8 miles Major Amendment northwest of Emma, Ga. 2703- C1-P-71—American Telephone & Telegraph Co. (KRS93), Add frequencies 5974.8, 1473-C2-P-(3)-70—General Communications Service, Inc. (KIG296), Amended to add fre­ 6034.2, and 6152.8 MHz toward Emma, Ga. Station location: 5 miles east-southeast of quencies 454.200 and 454.300 MHz. All other particulars same as reported on Public Notice dated Sept. 29,1969, Report No. 459. Dahlonega, Ga. 2706- C1—P—71—Pacific Northwest Bell Telephone Co. (KOT50), C.P. to add frequencies Correction' 2179 and 4198 MHz toward Hyak, Wash. Station location: Rattlesnake Lodge, 2.8 miles 801-C2-P-69—Instant Communications, Inc. (New), Correct to read: Major amendment to southwest of North Bend, Wash. 763-C2-P-69 to add frequency 152.24 MHz at the same location. Refer to Public Notice 2707- C1-P-71—Pacific Northwest Bell Telephone Co. (KPE26), C.P. to add frequencies dated Aug. 28,1968, Report No. 402-1. 2111.0 and 4190.0 MHz toward Cle Elum, Wash., and 2129.0 and 4190.0 MHz toward Rat­ RURAL RADIO SERVICE tlesnake Lodge, Wash. Station location: 5 miles southeast of Hyak, Wash. 2708- Cl—P—71—Pacific Northwest Bell Telephone Co. (KPE27), C.P. to add frequencies 2725- C1-P-71—Louisiana Offshore Telephone Co., Inc. (KKT89), C.P. to add frequency 2161.0 and 4198.0 MHz toward Hyak, Wash., and 2179.0 and 4198.0 MHz toward Kittitas, 459.55 MHz to operate on existing (55 units). In any temporary fixed location within the Wash. Station location: 5 miles southeast of Cle Elum, Wash. Gulf of Mexico, vicinity of Central Office of the licensee. 2709- C1-P-71—Pacific Northwest Bell Telephone Co. (KPE28), C.P. to add frequencies 2726- C1-P-71—Louisiana Offshore Telephone Co., Inc. (KKT88), C.P. to relocate facilities 2129.0 and 4190.0 MHz toward Cle Elum, Wash., and 2111.0 and 4190.0 MHz toward Moses operating on 454.50 MHz to West Delta Area, Block 73, Platform D, Gulf of Mexico. Lake, Wash. Station location: 10 miles east of Kittitas, Wash. 2727- C1-P-71—Louisiana Offshore Telephone Co., Inc. (New), C.P. for a new Central Office 2710- C1—P—71—Pacific Northwest Bell Telephone Co. (KPE29), C.P. to add frequencies fixed station to be located at Salt Point Landing, 35 miles from Burns, La., to operate on 2161.0 and 4198.0 MHz toward Kittitas, Wash., and 2179.0 and 4198.0 MHz toward Ritz- frequency 454.55 MHz. ville, Wash. Station location: 2.7 miles southeast of Moses Lake, Wash. 18417

FEDERAL REGISTER, VOL. 35, NO. I— THURSDAY, DECEMBER 3, 1970 18418 NOTICES

POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)----C o n ti n u e d Notice of agreement filed by: 2711- C1-P-71—Pacific Northwest Bell Telephone Co. (KPE30), C.P. to add frequenciesJohn K. Cunningham, Chairman, American 2129.0 and 4190.0 MHz toward Moses Ijake, Wash., and 11,385 and 11,625 ,MHz toward West African Freight Conference, 67 Broad Sprague, Wash. Station location: 8.7 miles west-southwest of Ritzville, Wash. Street, New York, NY 10004. 2712- C1-P-71—Pacific Northwest Bell Telephone Co. (KOJ96), C.P. to add frequencies 10,735 and 10,975 MHz toward Ritzville, Wash. Station location: 1 mile northwest of Agreement No. 7680-29, between the Sprague, Wash. member lines of the American West 743-C1-R-71—American Telephone & Telegraph Co. (KEF72), Renewal of developmental African Freight Conference, modifies the license expiring Nov. 1, 1970. Term: Nov. 1, 1970, to Nov. 1, 1971. basic agreement by substituting therein a new subparagraph (g) under Article 16 POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE) dealing with the Neutral Body to provide 2713- C1-P-71—Mountain Microwave Corp. (New), C.P. for a new station 4.5 miles southeastthat the failure of an agent, sub-agent, of Crandall, S. Dak. at latitude 45°06'32'' N„ longitude 97°53'30'' W. Frequency 6260.0 and/or the subsidiary, associated or MHz on azimuth 310°09'. (Applicant proposes to provide the television signal of station affiliated companies over whom such KORN-TV of Mitchell, S. Dak. to Aberdeen Cable TV Service, Inc., in Aberdeen, S. Dak.) agents and/or sub-agents exercise con­ 2687- C1-P-71—United Video, Inc. (New), C.P. for a new station 1.5 miles east-southeasttrol, to make accessible its books, records of Philadelphia, Mo., at latitude 39°49'51.6" N., longitude 91°42'46.2" W. Frequency and documents which the Neutral Body 11.135 MHz on azimuth 31°12'. shall deem relevant to the conduct of an 2688- C1-P-71—United Video, Inc. (New), C.P. for a new station 3.75 miles southwest of Sutter, 111., at latitude 40°15'23" N., longitude 91°22'34.5" W. Frequency 11,485 MHz on investigation, shall constitute a violation azimuth 26°54'. of the conference agreement by the 2689- C1-P-71—United Video, Inc. (KXQ33), C.P. to add frequency 11,135 MHz on azimuth member line furnishing the requisite 318°58' toward a new point of communications. Location: 2 miles east-southeast of the commitment to furnish such books, center of Dallas City, 111., at latitude 40°37'24" N., longitude 91°07'53'/ W. records and documents pursuant to the 2714- C1-P-71—United Video, Inc. (New), C.P. for a new station 0.2 mile northeast ofterms and conditions of said agreement. Mount Pleasant, Iowa, at latitude 40°58'19" N., longitude 91°31'57" W. Frequencies: Dated: November 30,1970. 11,265,11,345, and 11,425 MHz on azimuth 279°28'. 2715- Cl-P-71—United Video, Inc. (New), C.P. for a new station 2 miles northeast of Fair- By order of the Federal Maritime field, Iowa, at latitude 41°01'15'' N., longitude 91°55'30" W. Frequencies: 10,735, 10,895, Commission. and 11,135 MHz on azimuth 262°20'. F r'Ancis C. H urney, 2716- C1-P-71—United Video, Inc. (New), C.P. for a new station 1.5 miles south of Ottumwa Secretary. at latitude 40°58'09" N., longitude 92°25'15" W. Frequencies 11,265, 11,345, and 11,425 [F.R. Doc. 70-16231; Filed, Dec. 2, 1970; MHz on azimuth 282°22'. 8:50 a.m.] 2717- C1-P-71—United Video, Inc. (New), C.P. for a new station 0.5 mile east of Albia, Iowa, at latitude 41°01'44" N., longitude 92°47'03" W. Frequencies 10,735, 10,895, and 11,135 MHz on azimuth 267° 37'. [Docket No. 70-46; Independent Ocean 2718- C1-P-71—United Video, Inc. (New), C.P. for a new station 1.5 miles east of Chariton, Freight Forwarder License 1132] Iowa, at latitude 41°00'46'' N., longitude 93°15'51" W. Frequencies 11,265, 11,345, and 11,425 MHz on azimuth 264° 19'. MARIO J. MACCHIONE 2719- C1-P-71—United Video, Inc. (New), C.P. for a new station 2 miles north of Leslie, Iowa, at latitude 40°58'15" N„ longitude 93°48'11" W. Frequencies 10,735, 10,895, and Order of Investigation 11.135 MHz on azimuth 284°18'. Section 510.23(a) of Federal Maritime (Informative: Applicant proposes to provide the television signals of stations KPLR—TV Commission General Order 4, 46 CFR of St. Louis, Mo. and WFLD(TV) and WGN-TV of Chicago, 111., to Ottumwa TV FM Inc.,' 510.23(a), provides in part, that “No in Ottumwa, Iowa, and to True Vue, Inc., in Creston, Iowa.) licensee shall permit his license or name to be used by any person not employed [F.R. Doc. 70-16209; Filed, Dec. 2, 1970; 8:48 a.m.] by him for the performance of any freight forwarder service. No licensee Federal Maritime Commission, Washing­ may provide freight forwarding services FEDERAL MARITIME COMMISSION ton, DC 20573, within 20 days after pub­ through an unlicensed branch office or lication of this notice in the F ederal AMERICAN WEST AFRICAN other separate establishment without R egister. Any person desiring a hearing written approval of the Federal Maritime FREIGHT CONFERENCE on the proposed agreement shall provide Commission.” Notice of Agreement Filed a clear and concise statement of the mat­ It appears that during the period ters upon which they desire to adduce October 1969 through February 1970, Notice is hereby given that the follow­ evidence. An allegation of discrimina­ Mario J. Macchione, 156 State Street, ing agreement has been filed with the tion or unfairness shall be accompanied Boston, MA 02109, Independent Ocean Commission for approval pursuant to by a statement describing the discrim­ Freight Forwarder License No. 1132, vi­ section 15 of the Shipping Act, 1916, as ination or unfairness with particularity. olated said § 510.23(a), General Order 4, amended (39 Stat. 733, 75 Stat. 763, 46 If a violation of the Act or detriment to by permitting John R. Crowley, former U.S.C. 814). the commerce of the United States is President, Door-to-Door International, Interested parties may inspect and ob­ alleged, the statement shall set forth Inc., to use his facilities and license num­ tain a copy of the agreement at the with particularity the acts and circum­ ber on ocean bills of lading, pending the Washington office of the Federal Mari­ stances said to constitute such violation licensing of Door-to-Door International, time Commission, 1405 I Street NW., or detriment to commerce. Inc. by the Federal Maritime Commis­ Room 1202; or may inspect the agree­ A copy of any such statement should sion. It further appears that Mario J. ment at the Field Offices located at New also be forwarded to the party filing the York, N.Y., New Orleans, La., and San Macchione violated § 510.24(e), General Francisco, Calif. Comments on such agreement (as indicated hereinafter) Order 4 by receiving compensation agreements, including requests for hearr and the statement should indicate that (brokerage) for freight forwarder serv­ ing, may be submitted to the Secretary, this has been done. ices performed by said John R. Crowley

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18419 during the period October 1969 through February 1970. CIVIL SERVICE COMMISSION Section 44(d) of the Shipping Act, FIREFIGHTER POSITIONS IN CERTAIN AREAS OF CALIFORNIA 1916 (46 U.S.C. 841(d)), provides that licenses may, after notice and hearing, Notice of Establishment of Minimum Rates and Rate Ranges be suspended or revoked for willful failure to comply with any provision of Under authority of 5 U.S.C. 5303 and Executive Order 11073, the Civil Service the Act, or with any lawful rule of the Commission has established special minimum salary rates and rate ranges in Commission promulgated thereunder. California as follows; Section 510.9, General Order 4, 46 CFR GS-081 F ir e P r o t e c t io n a n d P r e v e n t io n S e r ie s 510.9 provides that a license may be Geographic coverage: (1) San Diego County; (2) Ventura County; (3) City of Stockton revoked, suspended, or modified, after (Includes Sharpe Army Depot and Defense Depot, Tracy). notice and hearing for: "* * * (b) Fail­ Effective date: First day of the first pay period beginning on or after November 15, 1970. ure to respond to any lawful inquiries, or to comply with any lawful rules, regula­ All new employees in the specified occupational level will be hired at the new tions or others of the Commission”; or minimum rates. As of the effective date, all agencies will process a pay adjustment to increase “*■ * * (e) Such conduct as the Com­ the pay of employees on the rolls in the affected occupational levels. An employee mission shall find renders the licensee who immediately prior to the effective date was receiving basic compensation at unfit or unable to carry on the business one of the statutory rates shall receive basic compensation at the corresponding’ of forwarding.” numbered rate authorized by this notice on or after such date. The pay adjustment Now therefore it is ordered, That pur­ will not be considered an equivalent increase within the meaning of 5 U.S.C. 5335. suant to sections 22 and 44(d) of the Under the provisions of section 3-2b, Chapter 571, FPM, agencies may pay the Shipping Act, 1916 (46 U.S.C. 821, and travel and transportation expenses to first post of duty under 5 U.S.C. 5723 of new 841(b), and § 510.9 of the Commission’s appointees to positions cited. General Order 4 (Rev.) 46 CFR 510.9, a proceeding is hereby instituted to deter­ Isti 10th Within- Effective mine whether Mario J. Macchione, Occupational series coverage Geographic coverage Grade step step grade date Independent Ocean Freight Forwarder rate rate increase License No. 1132, has engaged in activity in violation of §§ 510.23(a) and 510.24(e) GS-081 Fire protection and San Diego County, GS-3...... $6,778 $8,344 174 Nov. 15, 1970 prevention series. Calif. GS-4...... 7,608 9,363 195 of Federal Maritime Commission General GS-5...... 8,074 10,036 218 Order 4 by permitting his license or GS-6-...... 8,509 10,696 243 GS-7__ 9,178 11,608 270 name to be used by another person and GS-8-...... 9,863 12,544 299 by receiving compensation (brokerage) GS-9____ . . lOj 539 13,500 329 QS-10___ 11,231 14,489 362 j for freight forwarder services performed G S-11...:. . . 12,302 16,875 397 by such person and providing freight Table 0 0 4 ...... forwarder services through a separate GS-081 Fire protection and Ventura County, GS-3-...... 6,430 7,996 174 Nov. 15,1970 prevention series. Calif. GS-4...... 6,828 8,583 195 establishment without written approval GS-fi____ 7,420 9,382 218 of the Federal Maritime Commission and GS-6____ . . 8,023 10,210 243 GS-7...... 8,638 11,068 270 to determine whether because of such Table 005...... GS-8...... - 9,256 11,946 299 activity the freight forwarder license erf GS-081 Fire protection and City of Stockton in- GS-8...... 6,082 7,648 174 Nov. 16,1970 prevention series. eluding Sharpe GS-4_____ 6,633 8,388 195 Mario J. Macchione should be suspended Army Depot and GS-5____ 7,202 9,164 218 or revoked pursuant to the provisions of Defense Depot, GS-6...... 7,780 9,967 243 section 44(d) of the Shipping Act, 1916, Tracy. GS-7...... 8,368 10,798 270 and § 510.9 of General Order 4. Table 006. It is further ordered, That Mario J. i N ote: A full 10-step special rate range is authorized for the occupation and grade levels specified. The full range Macchione be made a respondent in this of special rates for each grade can be derived by successively adding the amount of the within-grade increase shown. proceeding and that the matter be as­ signed for hearing before an Examiner U nited S tates Civil S erv­ of the Commission’s Office of Hearing ice Commission, [seal] J ames C. S pry, Examiners at a date and place to be an­ Executive Assistant to nounced by the Presiding Examiner. the Commissioners. It is further ordered, That notice of IFH. Doc. 70-16129; Filed, Dec. 2, 1970; 8:45 a.m.] this Order be published in the F ederal Register and a copy thereof and notice of hearing be served upon respondents. It is further ordered, That any per­ NURSES, NEW ORLEANS, LA. son, other than respondents, who desire Notice of Adjustment of Minimum Rates and Rate Ranges to become a party to this proceeding and to participate therein shall file a petition Under authority of 5 U.S.C. 5303 and Executive Order 11073, the Civil Service to intervene with the Secretary, Federal Commission has established special minimum salary rates and rate ranges as Maritime Commission, Washington, DC follows: 20573, with copies to respondents. GS-610 N urse Series It is further ordered, That all future Geographic coverage: New Orleans, La. notices issued by or on behalf of the Effective date: First day of the first pay period beginning on or after November 29, 1970. Commission in this proceeding, includ­ ing notice of time and place of hearing P er Annum R ates or prehearing conference, shall be mailed directly to all parties of record. Grade 1 2 3 4 5 6 7 8 9 10

By the Commission. G 8-4____ ...... $6,828 $7,023 $7,218 $7,413 $7,608 $7,803 $7,998 $8,193 $8,388 $8,583 GS-5______7,202 7,420 7,638 7,856 8,074 8,292 8,510 8,728 8,946 9,164 [seal] F rancis C. H tjrney, Secretary. All new employees in the specified oc- As of the effective date, all agencies [F.R. Doc. 70-16232; Piled, Dec. 2, 1970; cupational level will be hired at the new will process a pay adjustment to increase 8:50 a.m.] minimum rates. the pay of employees on the rolls in the

No. 234-----a FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18420 NOTICES affected occupational levels. An employee charges of currently effective rate sion its agreement and undertaking to who immediately prior to the effective schedules for sales of natural gas under comply with the refunding and reporting date was receiving basic compensation Commission jurisdiction, as set forth in procedure required by the Natural Gas at one of the statutory rates shall re­ Appendix A hereof. Act and § 154.102 of the regulations ceive basic compensation at the corre­ The proposed changed rates and thereunder, accompanied by a certificate sponding numbered rate authorized by charges may be unjust, unreasonable, un­ showing service of copies thereof upon this notice on or after each date. The duly discriminatory, or preferential, or all purchasers under the rate schedule pay adjustment will not be considered otherwise unlawful. involved. Unless respondents are advised an equivalent increase within the mean­ The Commission finds: It is in the to the contrary within 15 days after the ing of 5 U.S.C. 5335. public interest and consistent with the filing of their respective agreements and Under the provisions of section 3-2b, Natural Gas Act that the Commission undertakings, such agreements and Chapter 571, FPM, agencies may pay the enter upon hearings regarding the law­ undertakings, shall'be deemed to have travel and transportation expenses to fulness of the proposed changes, and that been accepted.3 first post of duty under 5 U.S.C. 5723, of the supplements herein be suspended (C) Until otherwise ordered by the new appointees to positions cited. and their use be deferred as ordered Commission, neither the suspended sup­ U nited S tates Civil S erv­ below. plements, nor the rate schedules sought ice Commission, The Commission orders: to be altered, shall be changed until dis­ [seal] J ames C. S pry, (A) Under the Natural Gas Act, par­ position of these proceedings or expira­ Executive Assistant to ticularly sections 4 and 15, the regula­ the Commissioners. tions pertaining thereto (18 CPR Ch. I ), tion of the suspension period. [&R. Doc. 70-16130; Filed, Dec. 2, 1970; and the Commission’s rules of practice (D) Notices of intervention or peti­ 8:45 a.m.] and procedure, public hearings shall be tions to intervene may be filed with the held concerning the lawfulness of the Federal Power Commission, Washing­ proposed changes. ton, DC 20426, in accordance with the FEDERAL POWER COMMISSION (B) Pending hearings and decisions rules of practice and procedure ( 18 CFR thereon, the rate supplements herein are 1.8 and 1.37 (f) ) on or before January 11, [Docket No. RI71-410, etc.] suspended and their use deferred until date shown in the “Date Suspended 1971. TERRA RESOURCES, INC., ET AL. Until” column, and thereafter until By the Commission. Order Providing for Hearing on and made effective as prescribed by the Nat­ ural Gas Act: Provided, however, That [seal] G ordon M. G rant, Suspension of Proposed Changes in the supplements to the rate schedules Secretary. Rates, and Allowing Rate Changes filed by respondents, as set forth herein, To Become Effective Subject to shall become effective subject to refund 2 If an acceptable general undertaking, as Refund 1 on the date and in the manner herein provided in Order No. 377, has previously N ovember been filed by a producer, then it will not be 20, 1970. prescribed if within 20 days from the necessary for that producer to file an agree­ The respondents named herein have date of the issuance of this order re­ ment and undertaking as provided herein. filed proposed changes in rates and spondents shall each execute and file In such circumstances the producer’s pro­ posed increased rate wiU become effective as 1 Does not consolidate for hearing or dis­ under its above-designated docket num­ of the expiration of the suspension period pose of the several matters herein. ber with the Secretary of the Commis- without any further action by the producer. Appendix A

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

RI71-138-.. Terra Resources, Inc___ 5 121 to 13 Mountain Fuel Supply Co. (Nitchie $1,987 10-29-70 » 1-23-71 » 1-23-71 116.384 16.12 Gulch Field, Sweetwater County, Wyo.). RI69-484-...... do...... 5 14 ...... do...... 3,657 10-28-70 10-28-70 18 Accepted 16.0 16.12 RI69-48L RI71-417-.____ do------6 3 ____do...... 311 10-27-70 10-27-70 10-28-70 15.0 15.1125 RI71-410-.. Skelly Oil Go...... _ 131 »15 El Paso Natural Gas Co. (Rio Arriba 15 10-30-70 11-30-70 12- 1-71 13.0 13.0551 County, N. Mex., San Juan Basin). RI71-411-.. The Louisiana Land 3 »2 Sea Robin Pipeline C o ...... 13,500 10-26-70 11-26-70 «11-27-70 <18.5 <«20.0 and Exploration Cq. 4 «2 Sea Robin Pipeline Co. (Block 16 (•) 10-20-70 11-26-70 « 11-27-70 <18.5 < « 20.0 South Marsh Island Area, Offshore Louisiana). RI71-412-.. Atlantic Richfield C o ... 158 io 11 42 Tennessee Gas Pipeline Co., a division 1.675 10-26-70 10-26-70 « 10-27-70 19.5 20.0 RI70-349. of Tenneco Inc. (Grand Isle Block 43 Field, Offshore Louisiana) (Dis­ puted).______•Unless otherwise stated, the pressure base is 1JM125. «No deliveries at present. 1 Prior increase to 16 cents suspended in Docket No. RI71-138 until Jan. 23,1971. i# Includes supporting documents required by Opinion No. 567. 2 Expiration date of suspension period for prior increase to 16 cents. 11 Applies only to gas well gas sales from the KO and JS Reservoirs from acreage * Covers sales under Supplements Nos. 11 and 13 only. added by Supplement No. 10 (Amendment dated Aug. 31,1964). < Subject to quality adjustments. 12 Proposed rate increase is accepted as of Oct. 28,1970, subject to refund in Docket » Pursuant to Paragraph (A) of Opinion No. 546-A: No. RI69-484. «Or 1 day from date of initial delivery, whichever is later. 12 Cover sales from Nitchie Gulch Well No. 11-9 only. All other sales under rate i Not used. schedule are covered by Supplement No. 14. * Increase pertains only to gas well gas. The proposed increase of Terra Resources, The other proposed increases filed by Terra New Mexico tax and exceeds the 13 cents Inc., from 15.384 cents to 16.12 cents per Mcf also reflect partial reimbursement of the increased rate ceiling for the San Juan corrects a prior filing to 16.0 cents which Wyoming severance tax. The proposed in­ Basin Area by only the amount of tax. Ac­ was suspended in Docket No. RI71-138 until crease from 16 cents to 16.12 cents per Mcf cordingly, Skelly’s proposed rate is suspended January 23, 1971. Partial reimbursement for shall be accepted for filing as of the date of for 1 day from the date of expiration of the the Wyoming severance tax erroneously filing subject to refund in Docket No. RI69- statutory notice period. omitted from the original filing is included 484. The proposed increase from 15 cents to The proposed rates of the Louisiana Land in the corrective filing. The proposed increase 15.1125 cents per Mcf shall be suspended for will be accepted subject to suspension until 1 day from the date of filing. and Exploration Co. involve sales bf third January 23, 1971 In Docket No. RI71-138 in The proposed increase of Skeily Oil Co. vintage gas-well gas from Offshore Louisiana lieu of previously suspended increase. (Skelly) reflects partial reimbursement of (Federal Domain) and were filed pursuant

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18421 to Opinion No. 546-A. Consistent with Com­ Commission of any service, rate, charge, view of the matter finds that a grant of mission action on similar increases, the pro­ or classification, or any rule, regulation the certificate is required by the public posed increases are suspended for 1 day from or practice affecting them, nor shall this convenience and necessity. If a petition either the date of expiration of statutory order be deemed as recognition of any for leave to intervene is timely filed, or if notice or for 1 day from the date of initial claimed contractual right or obligation the Commission on its own motion be­ delivery, whichever is later. Thereafter, the lieves that a formal hearing is required, proposed rate may be placed in effect subject affecting or relating to any service, rate, to refund pending the outcome of Docket No. charge or classification. further notice of such hearing will be AR69-1. duly given. Atlantic’s proposed increase involves gas By the Commission. Under the procedure herein provided well gas produced from newly discovered [seal] Gordon M. G rant, for, unless otherwise advised, it will be reservoirs in the Disputed Zone, Offshore Secretary. unnecessary for applicant to appear or Louisiana. The gas qualifies as third vintage be represented at the hearing. gas pursuant to Opinion No. 567. The pro­ [F.R. Doc. 70-16168; Filed, Dec. 2, 1970; posed 20-cent rate is equal to the base rate 8:45 a.m.] Gordon M. Grant, ceiling established in Opinion No. 546 for Secretary. third vintage gas well gas produced from [Docket No. CP71-147] [F.R. Doc. 70-16166; Filed, Dec. 2, 1970; within the state’s taxing jurisdiction, but 8:45 a.m.] exceeds the 18.5-cent rate for gas well gas CUMBERLAND AND ALLEGHENY produced from the Federal Domain. The GAS CO. proposed rate shall be suspended for 1 day [Dockets Nos. RP71—13, RP71—14] from the date of filing or 1 day from the Notice of Application date of initial delivery, whichever is later. EL PASO NATURAL GAS CO. Thereafter, Atlantic may collect the in­ N ovember 25,1970. creased rate subject to refund of those Notice of Extension of Time amounts attributable to the difference in the Take notice that on November 18,1970, onshore and offshore rate paid for gas well Cumberland and Allegheny Gas Co. (ap­ N ovember 30, 1970. gas finally held to have been produced from plicant) , 800 Union Trust Building, Pitts­ Upon consideration jof the motion filed the Federal Domain. burgh, PA 15219, filed in Docket No. on November 16,1970, by El Paso Natural [FJR. Doc. 70-16127; Filed, Dec. 2, 1970; CP71-147 an application pursuant to sec­ Gas Co. to reschedule prehearing con­ 8:45 a.m.] tion 7(c) of the Natural Gas Act for a ference now set for December 8, 1970, in certificate of public convenience and the above-designated proceeding (35 F.R. necessity authorizing the sale and de­ [Docket No. RP71-30] 17150). Notice is hereby given that the livery of additional volumes of natural aforementioned prehearing conference BACA GAS GATHERING SYSTEM, gas to an existing wholesale customer, all shall commence on December 7, 1970. as more fully set forth in the application INC. which is on file with the Commission and G ordon M. G rant, Order Permitting Rate Increase Filing open to public inspection. Secretary. To Become Effective Without Sus­ Specifically, applicant seeks authoriza­ [F.R. Doc. 70-16272; Filed, Dec. 2, 1970; pension tion to increase peak day sales and de­ 8:52 a.m.] liveries to its existing jurisdictional cus­ November 25,1970. tomer, Columbia Gas of West Virginia, On October 28,1970, Baca Gas Gather­ Inc. (Columbia of W. Va.l, from 18,900 [Docket No. CP71-143] ing System, Inc. (Baca), filed Original Mcf to 19,800 Mcf, effective December 1, KANSAS-NEBRASKA NATURAL GAS Sheet No. 3-A to its FPC Gas Tariff, 1970. CO. Original Volume No. 1, proposed to in­ Applicant states that the proposed in­ crease its rate to its only jurisdictional creased sales and deliveries, required to Notice of Application customer, Panhandle Eastern Pipe Line serve Columbia of W. Va.’s 1970-71 mar­ November 20, 1970. Co., by 1 cent per Mcf, from 16 cents to ket requirements, will be made at exist­ 17 cents. Baca requests an effective date ing delivery points. No additional facili­ Take notice that on November 16, of November 1,1970, and requests waiver ties are required by applicant. 1970, Kansas-Nebraska Natural Gas Co., of the 30-day notice requirements. Any person desiring to be heard or to Inc. (applicant), Hastings, Nebr. 68901, In support of its filing Baca states that make any protest with reference to said filed in Docket No. CP71-143 a budget- the filing is in accordance with its con­ application should on or before Decem­ type application pursuant to section 7 of tract and certificate authorizations and ber 14, 1970, file with the Federal Power the Natural Gas Act and § 157.7 of the is solely to defray increased purchased Commission, Washington, D.C. 20426, a regulations for authorization, during the gas costs. petition to intervene or a protest in calendar year, 1971, to construct various Notice of the proposed change was is­ accordance with the requirements of the facilities and to abandon various serv­ sued by the Commission on November 9, Commission’s rules of practice and pro­ ices and facilities, all as more fully set 1970, and no protests or petitions to in­ cedure (18 CFR 1.8 or 1.10) and the reg­ forth in the application which is on file tervene have been received. ulations under the Natural Gas Act (18 with the Commission and open to public We find that the aforementioned filing CFR 157.10). All protests filed with the inspection. should be accepted and should be made Commission will be considered by it in Specifically, applicant seeks authoriza­ effective as hereinafter provided. determining the appropriate action to tion: The Commission orders: be taken but will not serve to make the A. To construct gas purchase facilities (A) Original Sheet No. 3-A to Baca's Protestants parties to the proceeding. at a total cost not to exceed $2 million, FPC Gas Tariff, Original Volume No. 1, is Any person wishing to become a party to with no single project to exceed $560,000; hereby accepted for filing to be effective a proceeding or to participate as a party B. To construct certain gas-sales or as of November 1, 1970, subject to the in any hearing therein must file a peti­ transportation facilities, at a total cost terms and conditions of this order. tion to intervene in accordance with the of not to exceed $300,000; and (B) This order is without prejudice to Commission’s rules. C. To abandon service and to remove any findings or orders which have been Take further notice that, pursuant to certain direct sales facilities. or may hereafter be made by this Com­ the authority contained in and subject to Any person desiring to be heard or mission in any proceeding now pending the jurisdiction conferred upon the Fed­ to make any protest with reference to or hereafter instituted by or against Baca eral Power Commission by sections 7 and said application should on or before De­ or any persons affected by the change in 15 of the Natural Gas Act and the Com­ cember 14, 1970, file with the Federal rates hereby permitted to be effective. mission’s rules of practice and proce­ Power Commission, Washington, D.C. (C) Nothing contained in this order dure, a hearing will be held without 20426, a petition to intervene or a protest shall be construed as a waiver of the re­ further notice before the Commission on in accordance with the requirements of quirements of section 7 of the Natural this application if no petition to inter­ the Commission’s rules of practice and Gas Act, nor shall this order be con­ vene is filed within the time required procedure (18 CFR 1.8 or 1.10) and the strued as constituting approval by this herein, if the Commission on its own re­ regulations under the Natural Gas Act

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18422 NOTICES

(18 CFR 157.10). All protests filed with On July 26, 1965, Tennessee com­ On October 18, 1968, Tennessee pro­ the Commission will be considered by it menced^ construction of LNG facilities. posed, after further study, to amend its in determining the appropriate action to On July 12, 1968, the Commission issued certificate to allow substitution of above­ be taken but will not serve to make the an order extending to July 26, 1969, as ground tanks at an estimated cost of protestants parties to the proceeding. the time within which Tennessee was to $10,067,160, based on 1968 price informa­ Any person wishing to become a party to complete construction and place into tion and purchasing experience. Ten­ a proceeding or to participate as a party operation the LNG facility. nessee stated a willingness to proceed in any hearing therein must file a peti­ On October 18,1968, Tennessee filed an with the expenditure of the capital nec­ tion to intervene in accordance with the amendment to its application in Docket essary to construct above-ground tanks Commission’s rules. No. CP65-352 seeking authorization to provided that the customers would be Take further notice that, pursuant to construct and operate above-ground willing to pay a higher rate for the LNG the authority contained in and subject LNG storage tanks in lieu of below­ service. Due to the unwillingness of some to the jurisdiction conferred upon the ground storage reservoirs authorized by customers to pay higher rates for LNG Federal Power Commission by sections 7 the Commission’s original order in this service, Tennessee determined that the and 15 of the Natural Gas Act and the proceeding, said above-ground storage LNG service was not economically fea­ Commission’s rules of practice and pro­ tanks to cost an estimated $10 million. sible and the LNG plant was said to be cedure, a hearing will be held without Subsequent thereto on June 19, 1970, shut down. further notice before the Commission on Tennessee filed a notice requesting per­ On April 1,1970, the New England Gas this application if no petition to inter­ mission to withdraw its petition to amend and Electric Association and Air Prod­ vene is filed within the time required its application relating to the construc­ ucts and Chemicals, Inc., entered into herein, if the Commission on its own re­ tion of above-ground storage tanks at an agreement with Tennessee to pur­ view of the matter finds that a grant of the LNG facility. chase the entire existing LNG facility the certificate and/or permission and In its application in Docket No. CP70- and lands for $4,200,000. Tennessee also approval for the proposed abandonment 311 Tennessee submits that the follow­ reached a settlement agreement with the is required by the public convenience and ing developments form the basis for its insurance underwriters for the LNG fa­ necessity. If a petition for leave to in­ proposal whereby the LNG facility, as cility whereby Tennessee received tervene is timely filed,, or if the Com­ it presently exists, should be abandoned $4,970,000 with respect to the inoperative mission on its own motion believes that in-ground reservoirs. a formal hearing is required, further by sale to other persons, and Tennessee’s notice of such hearing will be duly given. net unrecovered costs of $8,841,744 should In Docket No. CP71-20, Tennessee be charged to Account 930, research and seeks to sell to Worcester Gas Co., 4.72 Under the procedure herein provided development costs, to be amortized over miles of 6-inch O.D. line from the LNG for, unless otherwise advised, it will be a 10-year period. plant to Framingham, Mass., for $94,275. unnecessary for applicant to appear or be represented at the hearing. In the early 1960’s, the distributors of The related nature of the applications natural gas in New England suggested to in Dockets Nos. CP70-311 and CP71-20, Gordon M. G rant, Tennessee that an LNG facility could and the notice requesting withdrawal of Secretary. provide a needed peaking service at an the amendment to the application in [FR. Doc. 70-16167; Filed, Dec. 2, 1970; economical cost, and after a number of Docket No. CP65-352 is apparent (as also 8:45 a.m.] studies by technical and economic ex­ set forth in Exhibit T to the application perts, Tennessee concluded that a small in CP70-311), and pursuant to the Com­ pilot LNG plant should be constructed mission’s rules and regulations, the [Dockets Nos. CP65-352, CP70-311, CP71-20] as a research project. After numerous pending matters in these dockets will be TENNESSEE GAS PIPELINE CO. further studies and consultations, how­ disposed of on the basis of a consolidated ever, Tennessee decided to proceed di­ record. Order Granting Interventions, Con­ rectly with the construction of a full On August 25, 1970, Tennessee filed a solidating Proceedings for Hearing scale cascade-cycle liquefaction process supplement to its application submitting and Prescribing Procedure and cryogenic below-ground storage its insurance settlement, tax treatment, reservoir. cost of service study and statement sup­ N ovember 25, 1970. In May 1963 Tennessee commissioned porting proposed charge of unrecovered On June 19,1970, Tennessee Gas Pipe­ a research study on a proposal for stor­ costs of $8,841,744 related to the LNG line Co., a Division of Tenneco Inc. (Ten­ ing 1 million Mcf of natural gas in liquid project. nessee) filed an application in Docket No. form on lands adjoining Tennessee’s ex­ Petitions to intervene were filed in CP70-311 for authorization under section isting Compressor Station No. 267. Docket No. CP65-352 by the Manufac­ 7 (b) of the Natural Gas Act to abandon certain liquified natural gas (LNG) serv­ Subsequent thereto Tennessee was au­ turers Light and Heat-Co., United Fuel ices and facilities located near Hopkin- thorized by the Commission on July 26, Gas Co., and the Ohio Fuel Gas Co., and ton, Mass., which were authorized by the 1965, to construct and operate the pro­ by the Bridgeport Gas Co. et al.1 In the Commission’s order issued July 26, posed LNG facility, and was further au­ Docket No. CP70-311, petitions to inter­ 1965, in Docket No. CP65-352 (34 FPC thorized to sell and deliver natural gas to the New England distributors. vene were filed by the Tennessee Valley 115). The application in the latter docket Municipal Gas Association,2 Berkshire proposed cryogenic in-ground LNG stor­ Tennessee has advised that the lique­ age facilities and liquefaction facilities faction facilities operated at near ca­ at Compressor Station No. 267, at an esti­ pacity during the year 1967 until ap­ 1 Bridgeport et al. consists of Bridgeport mated cost of $14,950,000, which included proximately August 1,1967, at which time Gas Co.; Central Massachusetts-Gas Co.; $13,924,000 for the LNG plant and storage it became apparent that the high boil- Connecticut Gas Co.; Fitchburg Gas and off rate of approximately three times Electric Co.; Gas Service, Inc.; The, Green­ facilities, $690,000 for lateral enlarge­ wich Gas Co.; Hartford Electric Light Co.; ments and replacements, $236,000 for the predicated rate, and the temperature Haverhill Gas Co.; City of Holyoke, Mass., meter stations, and $100,000 for adminis­ of the boil-off vapor and reservoir dif­ Gas and Electric Department; Lynn Gas Co.; trative expenses, in order to liquify pipe­ fered substantially from the predicted Lawrence Gas Co.; Mystic Valley Gas Co.; line-supplied gas at a rate of 12,500 Mcfd values. Thereupon, Tennessee initiated a New Britain Gas Light Co.; North Shore Ga® and redeliver gas, on a firm basis, to 18 number of investigations to determine Co»; Northampton Gas Light Co.; Springfield general service distribution customers the cause of heat gain and insulation Gas Light Co.; Valley Gas Co.; and Worcester which had contracted for LNG service. required to reduce conductivity, and an Gas Light Co. instrumentation analysis of the plant in- 2 The Tennessee Valley Municipal Gas As­ Tennessee obtained contract commit­ sociation consists of the municipalities of ments and obligated itself for the full ground storage reservoirs. However, no Athens, Decatur, Florence, Huntsville, Rus­ service of 121,454 Mcf maximum daily practical solution is said to have been sellville, Sheffield, and Tuscumbia, Ala.! LNG quantity and 3,032,176 Mcf maxi­ found to allow effective operation of the Corinth and Iuka, Miss.; and Selmer, mum winter LNG contract quantity. in-ground storage reservoirs. Tenn.

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18423 thorization in Docket No. CP65-352 (34 Gas Co. et al.,* Pennsylvania Gas and shall not be binding for ratemaking pur­ Water Co., and Brooklyn Union Gas Co. poses. The Tennessee Valley Municipal FPC 116-117) : On November 21, 1968, Tennessee re­ Gas Association in its petition to inter­ (F) In. any rate proceeding instituted ported to the Commission, as of Septem­ vene (pages 2—3) stated that the rate after the liquefied natural gas facilities cei- ber 30, 1968, the cost of vthe in-ground impact of the proposal on the customers tificated have been transferred to gas plant would be $884,174 annually, that it in service, should the "test period” (as pres­ reservoirs was $7,428,000, including ently defined in the Commission’s regula­ $700,000 interest during construction, in­ would not appear that the loss was a jus­ tions) or any part thereof fall prior to the surance recovery of $4,956,000 and a re­ tifiable charge against the rate payers, commencement of the full service of 121,454 duction in Federal income tax of $468,- and stated that the proposal of Tennes­ Mcf per day authorized herein, applicant 000, leaving a net cost of the in-ground see should be subject of hearing. shall nevertheless reflect revenues and costs reservoirs of $2,004,000. On August 19, 1970, Valley Gas Co. based upon such full service. advised the Commission that it continued (G) Applicant shall not, in any rate pro­ On July 27, 1970, in CP70-311, Ten­ ceeding, attempt to assess against any other nessee requested the Commission to issue to object to Tennessee’s proposed aban­ class of service any deficiency in revenues authorization for Tennessee to abandon donment of LNG service and maintained for rendering the service certificated herein the LNG facility and to authorize Ten­ that Tennessee was obligated to render below the cost of service associated with the nessee to abandon the services that were such service, and that Tennessee, in its certificated LNG plant and storage facilities, to be rendered from the LNG facility. view, was liable for damages for breach prepared in the manner shown by Exhibits Tennessee further requested the Com­ of contract on the LNG service agree­ N and P, Schedule 1 of the application in mission grant the above request in ment. this proceeding. Phase I of the proceeding and to set In its petition to amend its certificate, The customers of Tennessee should be the proposed accounting treatment by filed October 16, 1968, Tennessee stated prepared to state their positions at the which $8,841,744 would be assigned to that the maximum liquid level in the ex­ prehearing conference herein called for, Account No. 930, as research and devel­ isting underground reservoirs was equiv­ setting forth the volumes, of LNG they opment costs, for hearing and disposi­ alent to 475,000 Mcf. Tennessee further are willing to purchase. tion in Phase H of the proceeding. Penn stated that it was imperative that an The Commission will direct that the Gas, which requested formal hearing, amended certificate be issued at the proceeding in Phase I herein be con­ stated that it had no objection to the earliest possible date in order to enable ducted so that a final decision may be proposed separation of the proceeding Tennessee to render the authorized LNG entered upon at the earliest possible into phases. service of 121,450 Mcf per day commenc­ date, On July 22, 1970, Tennessee notified ing with the 1970-71 winter heating sea­ Tennessee’s cost of service study sub­ the New England Gas and Electric Sys­ son. Tennessee also stated that it in­ mitted in its abandonment application tems gas subsidiaries that Tennessee tended to continue to render interim which appeared to show an uneconomic may use the LNG plant in 1970-71 winter I.G.-6 service to New England customers forecast for correction of boil-off prob­ to peak shave the Worcester system until the above-ground facilities were lems by construction of above-ground (Docket No. R-386). complete and the LNG project placed in steel tanks, was based on assumptions On June 19,1970, Tennessee filed a no­ operation. of a $35 million plant cost and a 9 per­ tice of withdrawal of its amendment in Subsequently in Docket No. CP70-185 cent rate of return. Tennessee also re­ Docket No. CP65-352 (dated Oct. 18, et al., order issued June 22, 1970, Ten­ ported capital expenditures and cost to 1968), asserting that the proposal to in­ nessee supplied 37,075 Mcf additional October 1, 1971, of $28.5 million rather stall three above-ground tanks was no contract quantity services and termi­ than the estimated $15 million in its longer a viable economic project in the nated the interim gas services to New original application. The economics of absence of customer willingness to pur­ England customers, and has indicated the operation of the LNG plant or some’ chase LNG at a higher rate ($1.99 vs. that substitute services of pipeline- modification thereof, by Tennessee and $1.25 per Mcf avg.) and in sufficient supplied gas, in lieu of the LNG services, the cost allowances as proposed in the quantities (500,000 Mcf vs. 3,000,000 cannot be supplied by Tennessee. Since amendment to Docket No. CP65-352, Mcf) to support the above-ground stor­ 1965, some reliance has been placed on should be established in Phase I of the age project estimated to cost .in excess the LNG service of Tennessee by the proceeding. of $10 million. New England customers. The Commission finds: Berkshire Gas Co. et al. stated in their In view of the competing interests evi­ (1) The /above-named parties should petition to intervene (page 8) that they dent by the pending matters in these be permitted to intervene and participate do not request a formal hearing but that dockets and the overriding importance in this proceeding. they do not excuse Tennessee’s failure of assuring an adequate supply of nat­ (2) A prehearing conference before a to provide LNG service and expressly ural gas to consumers in the New Eng­ presiding examiner of the Commission reserved their rights to sue for damages land states dependent upon Tennessee will expedite consideration of the mat­ that they may have as a result of Ten­ for their supply, the application arid pe­ ters pending in these dockets. nessee’s failure to provide LNG service, titions should be disposed of only after (3) Disposition of the pending mat­ nor would they endorse Tennessee’s pro­ formal hearing thereof, and an evalua­ ters in these dockets should be consid­ posed accounting procedure. tion of the factors bearing on the public ered on a consolidated record as they in­ Pennsylvania Gas in its petition to in­ interest relevant to the proposed aban­ volve common questions of fact and law. tervene requested the Commission to pro­ donment of services and facilities. The Commission orders: vide that any authorization entered in In order to expedite decision in these (A) The applications of Tennessee these proceedings respecting accounting matters the Commission will direct that Gas Pipeline Co., a division of Tenneco entries shall be without prejudice to and the proceeding be divided into two , Inc. (Tennessee), in Dockets Nos. CP70- phases as suggested by the parties, the 311 and CP71-20, and the petition and first phase to consider the question of notice of Tennessee in Docket No. CP65- 8 Berkshire et al. consists of Berkshire Gas whether abandonment of facilities and 352 are hereby consolidated for the pur­ Co.; Central Massachusetts Gas Co.; Concord pose of hearing and decision. Natural Gas Corp.; The Connecticut Gas Co.; services by Tennessee should be per­ Connecticut Natural Gas Corp.; Fitchburg mitted, and the second phase to consist (B) Pursuant to the provisions of Gas and Electric Light Co.; The Greenwich of a determination of the question of § 1.18 of the Commission’s rules of prac­ Gas Co.; The Hartford Electric Light CO.; the accounting treatment to be afforded tice and procedure,, a prehearing con­ Haverhill Gas Co.; City of Holyoke, Miass., the net losses resulting if the project is ference shall be held before a hearing Gas & Electric Department; Lawrence Gas to be permitted to be abandoned. In this examiner of the Commission, to be des­ Co.; Lowell Gas Co.; Lynn Gas Co.; Man­ regard Tennessee’s proposed method of ignated by the Chief Examiner, in order chester Gas Co;. Mystic Valley Gas Co.; to consider the means by which the con­ Northampton Gas Light Co.; North Shore accounting for any net losses should be Gas Co.; The Southern Connecticut Gas Co.; exam ined in justaposition to, among duct of the consolidated proceedings may Springfield Gas Light Co.; Valley Gas Co.; other things, the conditioning ordering be facilitated and dates set for further Wachusett Gas Co.; and City of Westfield paragraphs cited below, which were con­ hearings, in a hearing room of the Fed­ Gas and Electric Light Department. tained in the Commission’s initial au­ eral Power Commission, 441 G Street

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18424 NOTICES

NW., Washington, DC, commencing at Commission’s Order No. 404. United fur­ mately $66,000, which will be financed 10 a.m., e.s.t„ on December 21, 1970. ther states that the Commission’s ration­ from funds on hand. (C) Each of the above-mentionedale underlying the decision in Texas Gas Any person desiring to be heard or to petitioners is permitted to intervene in Transmission Corp., Opinion No. 578 make any protest with reference to said these proceedings subject to the rules (June 3, 1970), is equally applicable to petition to amend should on or before and regulations of the Commission: United and that the Commission should December 14, 1970, file with the Federal Provided, however, That the participa­ enter its order authorizing and per­ Power Commission, Washington, D.C. tion of such interveners shall be limited mitting United to discontinue flow- 20426, a petition to intervene or a pro­ to matters affecting asserted rights and through accounting on all utility prop­ test in accordance with the requirements interests specifically set forth in the peti­ erty effective May 16, 1970 (the date the of the Commission’s rules of practice and tions to intervene: And provided further, rates United is currently collecting be­ procedure (18 CFR 1.8 or 1.10) and the That the admission of such interveners came effective, as authorized by Commis­ regulations under the Natural Gas Act shall not be construed as recognition by sion order issued May 15, 1970, Docket (18 CFR 157.10). All protests filed with the Commission that they or any of them No. RP70-13). the Commission will be considered by it might be aggrieved by any order or Copies of the petition were served on in determining the appropriate action to orders entered in these proceedings. jurisdictional customers and interested be taken but will not serve to make the ' (D) Tennessee shall submit to the state regulatory agencies. protestants parties to the proceeding. Presiding Examiner, and all other par­ Any person desiring to be heard or Any person wishing to become a party ticipants in this proceeding on or before make any protest with reference to said to a proceeding or to participate as a December 9,1970, an outline or summary application should on or before Decem­ party in any hearing therein must file a of the evidence it proposes to tender in ber 28, 1970, file with the Federal Power petition to intervene in accordance with support of its applications and petition Commission, Washington, D.C. 20426, , the Commission’s rules. in these dockets. The participants other petition to intervene or protests in ac­ than Tennessee shall be prepared to sub­ Gordon M. G rant, cordance with the requirements of the Secretary. mit at the prehearing conference called Commission’s rules of practice and pro­ for in paragraph (B) above their view cedure (18 CFR 1.8 or 1.10). All protests [F.R. Doc. 70-16170; Filed, Dec. 2, 1970; of the issues in these proceedings and the filed with the Commission will be consid­ 8:45 a.m.] data or evidence required of Tennessee ered by it in determining the appropriate and the evidence that they will submit in action to be taken, but will not serve to this proceeding, such that the Phase I make the protestants parties to the pro­ proceeding shall be concluded as rapidly ceeding. Persons wishing to participate INTERAGENCY TEXTILE as possible. as a party in any hearing therein must (E) Pursuant to the authority con­ file petitions to intervene in accordance ADMINISTRATIVE COMMITTEE tained in, and subject to the jurisdic­ with the Commission’s rules. The appli­ tion conferred upon the Federal Power cation is on file with the Commission and CERTAIN COTTON TEXTILES AND Commission by sections 4, 5, 7, 8, and available for public inspection. COTTON TEXTILE PRODUCTS PRO­ 15 of the Natural Gas Act, and the Com­ Gordon M. G rant, DUCED OR MANUFACTURED IN THE mission’s rules and regulations, separate REPUBLIC OF KOREA Phase I and Phase II hearings will be Secretary. held following the conclusion of the [F.R. Doc. 70-16171; Filed, Dec. 2, 1970; Enfry or Withdrawal From Warehouse aforeordered prehearing conference in 8:45 a.m.] for Consumption a hearing room of the Federal Power N ovember 30,1970. Commission concerning the matters in­ [Docket No. CP61-79] volved in and the issues presented in the On December 11, 1967, the Govern­ consolidated dockets. UNITED GAS PIPE LINE CO. AND ment of the United States, in furtherance (F) The petition of Tennessee to TEXAS GAS TRANSMISSION CORP. of the objectives of, and under the terms divide the proceeding into two phases, of the Long-Term Arrangement Regard­ dated July 27, 1970, is granted. Notice of Petition To Amend ing International Trade in Cotton Tex­ N ovember 20,1970. tiles done at Geneva on February 9,1962, By the Commission. concluded a bilateral cotton textile Take notice that on November 10,1970, [seal] Gordon M. G rant, United Gas Pipe Line Co. (United), 1525 agreement with the Republic of Korea, Secretary. concerning exports of cotton textiles and Fairfield Avenue, Shreveport, LA 71102, cotton textile products from the Republic [FH. Doc. 70-16169; Filed, Dec. 2, 1970; and Texas Gas Transmission Corp. 8:45 a.m.] of Korea. Under the agreement, the Re­ (Texas Gas), 3800 Frederica Street, public of Korea has undertaken to limit Owensboro, KY 42301, jointly filed in its exports to the United States of certain [Docket No. RP71-42] Docket No. CP61-79 a petition to amend cotton textiles and cotton textile prod­ the order of the Commission issued pur­ UNITED GAS PIPE LINE CO. ucts to specified annual amounts. One of suant to section 7 (c) of the Natural Gas the provisions of that agreement pro­ Act so as to modify the certificate of vides that exports of cotton textile prod­ Notice of Petition for Permission To public convenience and necessity hereto­ Use Liberalized Depreciation With ucts in Categories 39, 53, 55, and 63 shall fore issued in this docket so as to author­ be subject to certain limitations for the Normalization for Accounting and ize the construction and operation of year which began on January 1, 1970. Rate Purposes certain facilities to interconnect appli­ Entries into the United States for con­ cants’ existing transmission facilities at sumption and withdrawals from ware­ N ovember 25, 1970. an additional exchange point near Lucas Take notice that United Gas Pipe Line house for consumption of cotton textile in Caddo Parish, La., all as more fully products in these categories have ex­ Co. (United) on November 12, 1970, ten­ set forth in the application on file with dered for filing a petition requesting au­ ceeded the levels provided for in the the Commission and open to public agreement. Consultations with the Gov­ thorization to use liberalized depreciation inspection. with normalization for accounting and ernment of the Republic of Korea con­ Applicants state that this additional cerning exports are now in progress. A rate purposes on all utility property effec­ delivery point will permit United to re­ tive May 16,1970. subject of such consultations will be pro­ ceive natural gas as needed to reinforce vision for the entry of goods affected by United states that it has elected the a portion of United’s Shreveport, La., normalized method of accounting for rate the directive published below. and tax purposes with respect to its post- market area. Accordingly, there is published below a 1969 expansion property pursuant to the Applicants estimate that the total cost letter of November 30, 1970, from the provisions of the Tax Reform Act and the of the proposed facilities is approxi­ Chairman of the President’s Cabinet

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18425

Textile Advisory Committee to the Com­ The above-named national securities missioner of Customs, directing that, ef­ SECURITIES AND EXCHANGE exchange has filed applications with the Securities and Exchange Commission fective as soon as possible and until fur­ pursuant to section 12(f)(1)(B) of the ther notice, entry into the United States COMMISSION Securities Exchange Act of 1934 and Rule for consumption and withdrawal from [Files Nos. 7-3565—7-3573] 12f-l thereunder, for unlisted trading warehouse for consumption of cotton ABBOTT LABORATORIES, INC., ET AL. privileges in the common stocks of the textile products in Categories 39, 53, 55, following companies, which securities are Notice of Applications for Unlisted and 63 produced or manufactured in the listed and registered on one or more Trading Privileges and of Oppor­ Republic of Korea and exported during other national securities exchanges: tunity for Hearing the period beginning January 1, 1970, File No. N ovember 24r, 1970. Delmarva Power & Light Co______7-3574 and extending through December 31, Kellogg Co______7-3575 1970, be prohibited. In the matter of applications of the Levin-Townsend Computer Corp___ 7-3576 Boston Stock Exchange for unlisted Manufacturer’s Hanover Corp______7-3577 S tanley N ehmer, trading privileges in certain securities. Northern States Power Co. (Minn.)_ 7-3578 Chairman, Interagency Textile The above-named national securities Norton Simon, Lae______i ______7-3579 Administrative Committee, exchange has filed applications with the Peoples Gas Co______7-3580 and Deputy Assistant Secre­ Securities and Exchange Commission Perkin-Elmer Corp______7-3581 tary for Resources. pursuant to section 12(f)(1)(B) of the Potter Instrument Co., Inc______7-3582 Securities Exchange Act of 1934 and Rule T he Secretary of Commerce Upon receipt of a request, on or be­ 12f-l thereunder, for unlisted trading fore December 9, 1970, from any inter­ president’s cabinet textile privileges in the common stocks of the ested person, the Commission will deter­ ADVISORY COMMITTEE following companies, which securities are mine whether the application with re­ Commissioner of Customs, listed and registered on one or more spect to any of the companies named Department of the Treasury, other national securities exchanges: shall be set down for hearing. Any such 'Washington, D.C. 20226. File No. request should state briefly the title of November 30, 1970. Abbott Laboratories, Inc------7-3565 the security in which he is interested, Arkansas-Louisiana Gas Co______7-3566 Dear Mr. Commissioner: Under the terms Austral Oil Co., Inc______7—3567 the nature of the interest of the of the Long-Term Arrangement Regarding The Bank of New York Co., Inc_____ 7-3568 person making the request, and the International Trade in Cotton Textiles done CNA Financial Corp______7-3569 position he proposes to take at the hear­ at Geneva on February 9, 1962, pursuant to California Computer Products, Inc_ 7-3570 ing, if ordered. In addition, any inter­ the bilateral cotton textile agreement of Central Illinois Public Service Co__ 7-3571 ested person may submit his views or any December 11, 1967, between the United Chemical New York Corp______7-3572 additional facts bearing on any of the States and the Republic of Koréa, and in Consolidated Freightways, Inc_____ 7-3573 accordance with the procedures outlined in said applications by ipeans of a letter Executive Order 11052 of September 28, 1962, Upon receipt of a request, on or be­ addressed to the Secretary, Securities as amended by Executive Order 11214 of fore December 9, 1970, from any inter­ and Exchange Commission, Washing­ April 7, 1965, you are directed to prohibit, ested person, the Commission will deter­ ton, D.C. 20549 not later than the date effective as soon as possible and until fur­ mine whether the application with re­ specified. If no one requests a hearing ther notice, entry into the United States for spect to any of the companies named with respect to any particular applica­ consumption and withdrawal from ware­ shall be set down for hearing. Any such tion, such application will be determined house for consumption, of cotton textile products in Categories 39, 53, 55, and 63 pro-' request should state briefly the title of by order of the Commission on the basis duced or manufactured in the Republie of the security in which he is interested, the of the facts stated therein and other in­ Korea and which have been exported from nature of the interest of the person mak­ formation contained in the official files the Republic of Korea dining the period be­ ing the request, and the position he pro­ of the Commission pertaining thereto. ginning January 1, 1970, and extending poses to take at the hearing, if ordered. through December 31, 1970. In addition, any interested person may For the Commission (pursuant to Cotton textile products which have been submit his views or any additional facts delegated authority). released from the custody of the Bureau of bearing on any of the said applications [seal] Orval L. D uB ois, Customs under the provisions of 19 UJS.C. by means of a letter addressed to the Secretary. 1448(b) prior to the effective date of this Secretary, Securities and Exchange Com­ [F.R. Doc. 70-16195; Filed, Dec. 2, 1970; directive shall not be subject to this directive. mission, Washington, D.C. 20549 not later A detailed description of Categories 39, 53, 8:47 a.m.] 55, and 63 in terms of T.S.U.S.A. numbers was than the date specified. If no one requests published in the F ederal Register on Janu­ a hearing with respect to any particular ary 17, 1968 (33 F.R. 582), and amendments application, such application will be de­ [24FW-1448] thereto on March 15,1968 (33 F.R. 4600). termined by order of the Commission on FIRST GENERAL CORP. In carrying out the above directions, the basis of the facts stated therein and entry into the United States for consumption other information contained in the offi­ Order Temporarily Suspending Ex­ shall be construed to include entry for con­ cial files of the Commission pertaining sumption into the Commonwealth of Puerto emption, Statement of Reasons Rico. thereto. Therefor, and Notice of Opportunity The actions taken with respect to the Gov­ For the Commission (pursuant to for Hearing ernment of the Republic of Korea and wit! delegated authority). N ovember 25,1970. respect to imports of cotton textile product* [seal] Orval L. D uB ois, from the Republic of Korea have been de­ I. First General Corp., a Delaware termined by the President’s Cabinet Textil* Secretary. corporation incorporated on January 3, Advisory Committee to involve foreign affair* [FJR. Doc. 70-16196; Filed, Dec. 2, 1970; 1969, located at 325 Harvard Tower functions of the United States. Therefore, th< 8:47 a.m.] Building, 4815 South Harvard, Tulsa, OK directions to the Commissioner of Customs 74135, filed with the Commission on being necessary to the implementation ol [Files Nos. 7-3574—7-3582] April 21,1969, a notification on Form 1-A such actions, fall within the foreign affair* with attached exhibits, including an of­ DELMARVA POWER & LIGHT CO. exception to the notice provisions of 5 U.S.C fering circular, relating to an offering of 553 (Supp. V, 1965—69). This letter will b< ET AL. published in the F ederal Register. 320,000 shares of its 10 cents par value Sincerely yours, Notice of Applications for Unlisted common stock at an offering price of Trading Privileges and of Oppor­ 30 cents per share for an aggregate Maurice H. Stans, Secretary of Commerce, Chairman tunity for Hearing offering price to the public of $96,000, President’s Cabinet Textile Ad­ N ovember 24, 1970. for the purpose of obtaining an exemp­ visory Committee. In the matter of applications of the tion from the registration requirements [F.R. Doc. 70-16233; Filed, Dec. 2, 1970; Boston Stock Exchange for unlisted of the Securities Act of 1933, as amended, 8:50 a.m.] trading privileges in certain securities. pursuant to the provisions of section

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18426 NOTICES

3(b) and Regulation A promulgated emption of tiie issuer under Regulation International Telephone & Telegraph Corp., thereunder. A be temporarily suspended : $2.25 cumulative convertible preferred II. The Commission on the basis of stock, Series N, no par value, File No It is ordered, Pursuant to Rule 261(a) 7-3587. information reported by the staff has of the general rules and regulations reason to believe that: under the Securities Act of 1933, as Upon receipt of a request, on or before The terms and conditions of Regula­ amended, that the exemption of the December 9, ,1970, from any interested tion A have not been complied with in issuer under Regulation A be, and it person, the Commission will determine that: hereby is, temporarily suspended. whether the application shall be set A. The offering circular contains un­ It is further ordered, Pursuant to Rule down for hearing. Any such request true statements of material facts and 7 of the Commission’s rules of practice, should state briefly the nature of the omits to state material facts necessary that the issuer file an answer to the interest of the person making the re­ in order to make the statements made allegations contained in the order for quest and the position he proposes to in the light of the circumstances under proceedings within 30 days of the entry take at the hearing, if ordered. In addi­ which they are made, not misleading, thereof. If any party fails to file the tion, any interested person may submit particularly with respect to: directed answer or fails to appear at a his views or any additional facts bearing 1. The issuer’s intention to engage as hearing after being duly notified, such on the said application by means of a principal in active trading in securities party shall be deemed in default and letter addressed to the Secretary, Secu­ in the normal course of its business and the proceedings may be determined rities and Exchange Commission, Wash­ to maintain inventories in connection against such party upon consideration ington 25 D.C., not later than the date therewith; of the order for proceedings, the alle­ specified. If no one requests a hearing, 2. The issuer’s stated intent to dispose gations of which may be deemed to be this application will be determined by of all securities which it owns as princi­ true. order of the Commission on the basis of pal at the close of each week; the facts stated therein and other infor­ 3. The maintenance by the issuer of an Notice is hereby given that any person having any interest in the matter may mation contained in the official files of inventory in securities for an indefinite the Commission pertaining thereto. period of time; file with the Secretary of the Commission 4. The percentage of the gross com­ a written request for hearing within 30 For the Commission (pursuant to missions to be paid to its salesmen and days after the entry of this order; that delegated authority). the percentage to be retained by the within 20 days after receipt of such request the Commission will, or at any [ seal] Orval L. D uB ois, company; Secretary. 5. The limitation on purchases in this time upon its own motion may, set the matter down for hearing at a place to be [F.R. Doc. 70-16194; Filed, Dec. 2, 1970; offering to a maximum of 10,000 shares 8:47 a.m.] by any one individual ; designated by the Commission for the 6. The percentage of ownership which purpose of determining whether this or­ the public and principals of the issuer der of suspension should be vacated or [812-2772] were to own upon completion of the made permanent, without prejudice, offering; however, to the consideration and pres­ NEW ENGLAND MUTUAL LIFE 7. The failure to disclose the nqmes of entation of additional matters at the INSURANCE CO. ET AL. hearing; that if no hearing is requested all underwriters and the method of dis­ Notice of Application for Exemptions tribution for 10,000 shares of the stock and none is ordered by the Commission, offered under the regulation; this order shall become permanent on N ovember 25, 1970. 8. The market-making activities by the 30th day after its éntry and shall Notice is hereby given that New Eng­ the issuer in various publicly held cor­ remain in effect unless or until it is land Mutual Life Insurance Co. (Insur­ porations on behalf of control persons of modified or vacated by the Commission; ance Company), New England Life these corporations; and that notice of the time and place for Variable Annuity Fund I (Fund), and 9. The failure to disclose that issuer’s such hearing will be promptly given by the Commission. NEL Equity Services Corp. (Nelesco) change in trading policy was to act as a (hereinafter collectively called Appli­ principal in the trading and securities of By the Commission. cants) , 501 Boylston Street, Boston, MA publicly held corporations on behalf of [seal] Orval L. DtrBois, 02117, have filed an application pursuant control persons of these corporations in Secretary. to section 6(c) of the Investment Com­ violation of sections 5 and 17 of the pany Act of 1940 (Act) for an order ex­ Securities Act of 1933 and section 10(b) [F.R. Doc. 70-16200; Filed, Dec. 2, 1970; empting applicants from sections 17(f), of the Securities Exchange Act of 1934. 8:47 ajn.] 22(d), and 27(c) (2) of the Act and Rule 10. The manner in which it intends to 17f-2 thereunder to the extent specified maintain its records in accordance with [File No. 7-3587] therein. The Insurance Company is a the requirements and regulations of Massachusetts mutual life insurance various agencies; INTERNATIONAL TELEPHONE & company. The Fund, an open-end diver­ 11. The information in issuer’s Form TELEGRAPH CORP. sified management company registered 2-A report of sales with respect to the under the Act, was established by the date the offering was sold out; and. Notice of Application for Unlisted Insurance Company in connection with 12. The background of the President Trading Privileges and of Oppor­ the proposed offering to the public of of the issuer. tunity for Hearing individual variable annuity contracts B. The offering was made in violation (contracts) exclusively for use in con­ of section 17 of the Securities Act of 1933, N ovember 24,1970. nection with plans meeting the require­ as amended. In the matter of application of the ments of the Internal Revenue Code for C. The terms and conditions of Regu­ Boston Stock Exchange for unlisted tax-benefited treatment. Nelesco, a lation A have not been complied with, in trading privileges in a certain security. wholly-owned subsidiary of the Insur­ that sales of the issuer’s stock were made The above-named national securities ance Company, is the principal under­ prior to the completion of the offering exchange has filed an application with writer for the Fund. without tendering an offering circular to the Securities and Exchange Commission All interested persons are referred to the persons to whom these securities were pursuant to section 12(f) (1) (B) of the the application on file with the Com­ sold, as required by Rule 256, and in vio­ Securities Exchange Act of 1934 and Rule mission for a statement of the repre­ lation of section 5(a) of the Securities 12f-l thereunder, for unlisted trading sentations therein, which are summa­ Act of 1933, since no exemption was rized below. available therefor. privileges in the preferred stock of the Section 17(f) provides, in pertinent III. It appearing to the Commissionfollowing company, which, security is part, that a registered management in­ that it is in the public interest and for listed and registered on one or more vestment company may maintain its the protection of investors that the ex­ other national securities exchange: securities and similar investments in its

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18427 own custody in accordance with such Section 27(c) (2) prohibits a registered a statement as to the nature of his in­ rules, regulations, and orders as may be investment company or a depositor or terest, the reason for such request, and adopted by the Commission for the pro­ underwriter for such company from the issues of fact or law proposed to be tection of investors. Rule 17f-2 requires, selling periodic payment plan certificates controverted, or he may request that he among other things, that such assets be unless the proceeds of all payments, be notified if the Commission shall order deposited with a bank or other company other than the sales load, are deposited a hearing thereon. Any such communi­ whose functions and facilities are super­ with a bank as trustee or custodian and cation should be addressed: Secretary, vised by Federal or State authority and held under an indenture or agreement Securities and Exchange Commission, limits the persons who shall have access containing, in substance, the provisions Washington, DC 20549. A copy of such to such assets to certain specified indi­ required by sections 26(a) (2) and (3) request shall be served personally or by viduals. Applicants request an exemption for a unit investment trust. Section mail (airmail if the person being served from the provisions of section 17 (f) and 26(a) (2) requires that the trustee or is located more than 500 miles from the Rule 17f-2 thereunder to the extent custodian segregate and hold in trust all point of mailing) upon Applicants at the necessary to permit the Insurance Com­ securities and cash of the trust and address stated above. Proof of such serv­ pany to act as safekeeping agent for the places certain restrictions on charges ice by affidavit (or in case of an attor­ Fund in the manner and on the terms which may be made against the trust ney at law, by certificate) shall be filed described in the application and also to income and corpus and excludes from contemporaneously with the request. At permit a maximum of 20 duly authorized expenses which the trustee or cus­ any time after said date, as provided by officers or employees of the Insurance todian may charge against the trust any Rule 0-5 of the rules and regulations Company as well as the insurance com­ payments to the depositor or principal promulgated under the Act, an order dis­ missioners of the jurisdictions in which underwriter, other than a fee not posing of the application herein may be the Insurance Company does business exceeding such reasonable amount issued by the Commission upon the basis (or their duly authorized representa­ as the Commission may prescribe, for of the information stated in said appli­ tives) to have access to the Fund’s performing bookkeeping and other ad­ cation, unless an order for hearing upon securities and similar investments. Appli­ ministrative services delegated to them said application shall be issued upon re­ cants state that the Insurance Company by the trustee or custodian. Section quest or upon the Commission’s own is subject to the supervision of the 26(a) (3) governs the circumstances motion. Persons who request a hearing, Massachusetts Commissioner of Insur­ under which the trustee or custodian or advice as to whether a hearing is or­ ance, that its vault is comparable to the may resign. Applicants request an dered, will receive notice of further de­ vaults of large commercial banks, and exemption from these requirements to velopments in the matter including the that its safekeeping agreement with the permit the proceeds of all payments date of the hearing (if ordered) and any Fund and other procedures regarding under the contracts to be held by the In­ postponements thereof. access to its vault assures adequate surance Company on the grounds that For the Commission, by the Division protection to the contractholders. its status as a regulated insurance of Corporate Regulation, pursuant to Section 22(d) provides, in pertinent company, and its obligations as an in­ delegated authority. part, that no registered investment com­ surance company to the contractholders, pany shall sell any redeemable security provide substantially the protection con­ [SEAL] ORVAL L. DUBOIS, issued by it to any person except at a templated by these requirements. Secretary. current offering price described in the Applicants have consented that the re­ [F.R. Doc. 70-16198; Filed, Dec. 2, 1970: prospectus. quested exemption may be made subject 8:47 a.m.] The deferred contracts provide that to the conditions (1) that the deductions on the death during the accumulation under the contracts for administrative [812-2773] period of the person on whose life a con­ expenses shall not exceed such reason­ tract is issued, if the contractholder has able amounts as the Commission shall NEW ENGLAND MUTUAL LIFE made no election as to the method in prescribe, jurisdiction being reserved for INSURANCE CO. ET AL. which the death proceeds are to be paid such purpose, and (2) that the payment to the beneficiary, the latter may elect to of sums and charges out of the assets of Notice of Application for Exemptions have such proceeds applied to effect a the Fund shall not be deemed to be ex­ N ovember 25, 1970, variable annuity without a deduction for empted from regulation by the Commis­ Notice is hereby given that New Eng­ sales expense.. Under such circumstances sion by reason of the requested order: land Mutual Life Insurance Co. (Insur­ the beneficiary may eledt a variable an­ Provided, That the Applicants’ consent ance Company),- New England Life nuity option within 90 days after the In­ to this condition shall not be deemed to Variable Annuity Fund II (Fund), and surance Company receives notice of the be a concession to the Commission of NEL Equity Services Corp. (Nelesco), decedent’s death. Applicants state that authority to regulate the payment of (hereinafter collectively called Appli­ if the choice of a variable annuity option sums and charges out of such assets cants) ,501 Boylston Street, Boston, MA were to involve the payment of an addi­ other than charges for administrative 02117, have filed an application pursuant tional charge for sales expense that services and Applicants reserve the right to section 6(c) of the Investment Com­ choice would be severely discouraged. No in any proceeding before the Commis­ pany Act of 1940 (Act) for an order ex­ significant sales expenses ar.e antici­ sion, or in any suit, or action in any empting Applicants from sections 17(f), pated, and all beneficiaries will be court to assert that the Commission has 22(d), and 27(c) (2) of the Act and Rule treated uniformly because the variable no authority to regulate the payment of 17f-2 thereunder to the extent specified annuity option will be available without such other sums or charges. therein. The Insurance Company is a a deduction for sales expense to each Section 6(c) of the Act provides that Massachusetts mutual life insurance beneficiary. the Commission, by order upon applica­ company. The Fund, an open-end diver­ Applications also request exemption tion, may conditionally or uncondition­ sified management company registered from section 22(d) to permit the Insur­ ally exempt any persons or transactions under the Act, was established by the ance Company to apportion part of its from any provision or provisions of the Insurance Company in connection with surplus, if any, to the contracts without Act, if and to the extent that such ex­ the proposed offering to the public of a deduction for sales expense. The In­ emption is necessary or appropriate in individual variable annuity contracts surance Company’s board of directors the public interest and consistent with (contracts) exclusively for personal use will decide annually what portion of the protection of investors and the pur­ by purchasers and for use in connection such surplus, if any, may prudently be so poses fairly intended by the policy and with plans and trusts not qualifying apportioned. Applicants also state that provisions of the Act. under the Internal Revenue Code for no unfair discrimination would result Notice is further given that any inter­ tax-benefited treatment. Nelesco, a from elimination of an additional charge ested person may, not later than Decem­ wholly owned subsidiary of the Insur­ because a charge for sales expense is de­ ber 10, 1970, at 5 :30 p.m., submit to the ance Company, is the principal under­ ducted with respect to the payments giv­ Commission in writing a request for a writer for the Fund. All interested per­ ing rise to such surplus. hearing on the matter accompanied by sons are referred to the application on

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 No. 234 18428 NOTICES file with the Commission for a statement surplus, if any, may prudently be so Notice is further given that any inter­ of the representations therein, which apportioned. Applicants also state that ested person may, not later than Decem­ are summarized below. no unfair discrimination would result ber 10, 1970, at 5:30 p.m., submit to the Section 17(f) provides, in pertinent from elimination of an additional charge Commission in writing a request for a part, that a registered management in­ because a charge for sales expense is hearing on the matter accompanied by vestment company may maintain its deducted with respect to the payments a statement as to the nature of his inter­ securities and similar investments in its giving rise to such surplus. est, the reason for such request, and the own custody in accordance with such Section 27(c) (2) prohibits a registered issues of fact, or law proposed to be con­ rules, regulations, and orders as may be investment company or a depositor or troverted, or he may request that he be adopted by the Commission for the underwriter for such company from sell­ notified if the Commission shall order a protection of investors. Rule 17f-2 re­ ing periodic payment plan certificates hearing thereon. Any such communica­ quires, among other things, that such as­ unless the proceeds of all payments, tion should be addressed: Secretary, sets be deposited with a bank or other other than the sales load, are deposited Securities and Exchange Commission, company whose functions and facilities with a bank as trustee or custodian and Washington, DC 20549. A copy of such held under an indenture or agreement request shall be served personally or by are supervised by Federal or State mail (air mail if the person being served authority and limits the persons who containing, in substance, the provisions required by sections 26(a) (2) and (3) for is located more than 500 miles from the shall have access to such assets to certain point of mailing) upon Applicants at the specified individuals. Applicants request a unit investment trust. Section 26(a) (2) an exemption from the provisions of requires that the trustee or custodian address stated above. Proof of such serv­ segregate and hold in trust all securities ice by affidavit (or in case of an attorney section 17(f) and Rule 17f-2 thereunder at law by certificate) shall be filed con­ to the extent necessary to permit the In­ and cash of the trust and places certain restrictions on charges which may be temporaneously with the request. At any surance Company to act as safekeeping time after said date, as provided by Rule agent for the Fund in the manner and made against the trust income and cor­ pus and excludes from expenses which 0-5 of the rules and regulations promul­ on the terms described in the applica­ gated under the Act, an order disposing tion and also to permit a maximum of 20 the trustee or custodian may charge against the trust any payments to the of the application herein may be issued duly authorized officers or employees of by the Commission upon the basis of the the Insurance Company as well as the depositor or principal underwriter, other than a fee not exceeding such reasonable information stated in said application, insurance commissioners of the jurisdic­ unless an order for hearing upon said tions in which the Insurance Company amount as the Commission may pre­ scribe, for performing bookkeeping and application shall be issued upon request does business (or their duly authorized or upon the Commission’s own motion. representatives) to have access to the other administrative services delegated to them by the trustee or custodian. Sec­ Persons who request a hearing, or advice Fund’s securities and similar invest­ as to whether a hearing is ordered, will ments. Applicants state that the Insur­ tion 26(a) (3) governs the circumstances under which the trustee or custodian receive notice of further developments in ance Company is subject to the super­ the matter including the date of the vision of the Massachusetts Commis­ may resign. Applicants request an ex­ emption from these requirements to hearing (if ordered) and any postpone­ sioner of Insurance, that its vault is ments thereof. comparable to the vaults of large com­ permit the proceeds of all payments mercial banks, and that its safekeeping under the contracts to be held by the For the Commission, by the Division of agreement with the Fund and other pro­ Insurance Company on the grounds that Corporate Regulation, pursuant to dele­ cedures regarding access to its vault as­ its status as a regulated insurance com­ gated authority. pany, and its obligations as an insurance sure adequate protection to the contract- [seal] Orval L. D uB ois, holders. company to the contractholders, provide substantially the protection contem­ Secretary. Section 22(d) provides, in pertinent plated by these requirements. [F.R. Doc. 70-10199; Filed, Dec. 2, 1970; part, that no registered investment com­ 8:47 a.m.J pany shall sell any redeemable security Applicants have consented that the re­ issued by it to any person except at a quested exemption may be made subject current offering price described in the to the conditions (1) that the deductions [Files Noe. 7-3583—7-3586] prospectus. under the contracts for administrative expenses shall not exceed such reason­ RALSTON PURINA CO. ET AL. The deferred contracts provide that on able amounts as the Commission shall Notice of Applications for Unlisted the death during the accumulation prescribe, jurisdiction being reserved for period of the person on whose life a con­ such purpose, and (2) that the payment Trading Privileges and of Oppor­ tract is issued, if the contractholder has of sums and charges out of the assets of tunity for Hearing made no election as to the method in the FUnd shall not be deemed to be ex­ N ovember 24, 1970. which the death proceeds are to be paid empted from regulation by the Commis­ to the beneficiary, the latter may elect sion by reason of the requested order: In the matter of applications of the to have such proceeds applied to effect Provided, That the Applicants’ consent Boston Stock Exchange for unlisted trad­ a variable annuity without a deduction to this condition shall not be deemed to ing privileges in certain securities. for sales expense. Under such circum­ be a concession to the Commission of au­ The above named national securities stances the beneficiary may elect a vari­ thority to regulate the payment of sums exchange has filed applications with the able annuity option 90 days after the and charges out of such assets other Securities and Exchange Commission Insurance Company receives notice of the than charges for administrative services pursuant to section 12(f) (1) (B) of the decedent’s death. Applicants state that if and Applicants reserve the right in any Securities Exchange Act of 1934 and Rule the choice of a variable annuity option proceeding before the Commission, or in 12f-l thereunder, for unlisted trading were to involve the payment of an addi­ any suit, or action in any court to assert •privileges in the common stocks of the tional charge for sales expense its choice that the Commission has no authority to following companies, which securities are would be severely discouraged. No signifi­ regulate the payment of such other sums ■listed and registered on one or more cant sales expenses are anticipated, and or charges. other national securities exchange: all beneficiaries will be treated uniformly Section 6(c) of the Act provides that File No. because the variable annuity option will the Commission, by order upon applica­ Ralston Purina Company Z— be available without a deduction for sales tion, may conditionally or uncondition­ Utah Power & lig h t Company expense to each beneficiary. Jim Walter Corporation 7-358» ally exempt any persons or transactions Wells Fargo & Company 7-35W Applicants also request exemption from any provision or provisions of the from section 22(d) to permit the In­ Act, if and to the extent that such ex­ Upon receipt of a request, on or before surance Company to apportion part of its emption is necessary or appropriate in December 9, 1970, from any interested surplus, if any, to the contracts without a the public interest and consistent with person, the Commission will determine deduction for sales expense. The In­ the protection of investors and the pur­ whether the application with respect to surance Company’s board of directors poses fairly intended by the policy and any of the companies named shall be sec will decide annually what portion of such provisions of the Act. down for hearing. Any such request

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18429 should state briefly the title of the secu­ with the requirements of the rules may authority. If a hearing is deemed neces­ rity in which he is interested, the nature be rejected. The original and one (1) sary, applicant requests it be held at of the interest of the person making the copy of the protest shall be filed with Charlotte, N.C. request, and the position he proposes to the Commission, and a copy shall be No. MC. 16334 (Sub-No. 9); filed No­ take at the hearing, if ordered. In addi­ served concurrently upon applicant’s vember 6, 1970. Applicant: ARNOLD E. tion, any interested person may submit representative, or applicant if no repre­ DEBRICK, doing business as DEBRICK his views or any additional facts bearing sentative is named. If the protest in­ TRUCK LINE, R.F.D. No. 2, Paola, KS on any of the said applications by means cludes a request for oral hearing, such 66071. Applicant’s representative: Erie of a letter addressed to the Secretary, Se­ requests shall meet the requirements of W. Francis, 719 Capitol Federal Build­ curities and Exchange Commission, section 247(d)(4) of the Special Rules, ing, 700 Kansas Avenue, Topeka, KS Washington, DC 20549, not later than and shall include the certification re­ 66603. Authority sought to operate as a the date specified. If no one requests a quired therein. common carrier, by motor vehicle, over hearing with respect to any particular^ Section 247(f) of the Commission’s irregular routes, transporting: Hides and application, such application will be de­ rules of practice further provides that offal, from Mankato, Kans., and points termined by order of the Commission on each applicant shall, if protests to -its within 3 miles of Mankato, Kans., to the basis of the facts stated therein and application have been filed, and within Sioux City, Iowa. Note : Applicant states other information contained in the of­ 60 days of the date of this publication, that the requested authority cannot be ficial files of the Commission pertaining notify the Commission in writing (1) tacked with its existing authority. If a thereto. that it is ready to proceed and prosecute hearing is deemed necessary, applicant the application, or (2) that it wishes to requests it be held at Sioux City, Iowa, For the Commission (pursuant to dele­ withdraw the application, failure in gated authority). or Kansas City, Mo. which the application will be dismissed No. MC 16682 (Sub-No. 81), filed No­ [seal] Orval L. DuBois, by the Commission. vember 12, 1970. Applicant: MURAL Secretary. Further processing steps (whether TRANSPORT, INC., 2900 Review Av­ [F.R. Doc. 70-16197; Piled, Dec. 2, 1970; modified procedure, oral hearing, or enue, Long Island City, NY 11101. Ap­ 8:47 a.m.] other procedures) will be determined plicant’s representative: S. S. Eisen, 140 generally in accordance with the Com­ Cedar Street, New York, NY 10006. Au­ mission’s General Policy. Statement Con­ thority sought to operate as a common cerning Motor Carrier Licensing Proce­ carrier, by motor vehicle, over irregular INTERSTATE COMMERCE dures, published in the F ederal R egister routes, transporting: Commercial and issue of May 3, 1966. This assignment institutional furniture, fixtures, and COMMISSION will be by Commission order which will equipment, between points in Nebraska be served on each party of recoid. on the one hand, and, on the other, [Notice 110] The publications hereinafter set forth points in the United States (except Alas­ reflect the scope of the applications as MOTOR CARRIER, BROKER, WATER ka and Hawaii). Note: Applicant states fled by applicants, and may include that the requested authority cannot be CARRIER, AND FREIGHT FOR­ descriptions, restrictions, or limitations tacked with its existing authority. Ap­ WARDER APPLICATIONS which are not in a form acceptable to plicant further states that no duplicat­ the Commission. Authority which ulti­ N ovember 27, 1970. ing authority is being sought. If a hear­ mately may be granted as a result of the ing is deemed necessary, applicant re­ The following applications are gov­ applications here noticed will not neces­ quests it be held at Omaha or Lincoln, erned by Special Rule 1100.2471 of the sarily reflect the phraseology set forth Nebr., or Washington, D.C. Commission’s general rules of practice in the application as filed, but also will (49 CFR, as amended), published in the No. MC 19227 (Sub-No. 148), filed No­ eliminate any restrictions which are not vember 9, 1970. Applicant: LEONARD Federal Register issue of April 20, 1966, acceptable to the Commission. effective May 20, 1966. These rules pro­ BROS. TRUCKING CO., INC., Post Of­ No. MC 2421 (Sub-No. 9), filed Novem­ fice Box 602, 2595 Northwest 20th Street, vide, among other things, that a protest ber 12, 1970. Applicant: NEWTON to the granting of an application must TRANSPORTATION COMPANY, INC., Miami, FL 33152. Applicant’s representa­ be filed with the Commission within 30 Box 678, Lenoir, NC 28645. Applicant’s tive: J. F. Dewhurst (same address as days after date of notice of filing of the representative: Francis J. Ortman, 1700 above). Authority sought to operate as a application is published in the F ederal common carrier, by motor vehicle, over Pennsylvania Avenue NW., Washington, irregular routes, transporting: Portable Register. Failure seasonably to file a DC 20006. Authority sought to operate as protest will be construed as a waiver of a common carrier, by motor vehicle, over cement batching plants, and related opposition and participation in the pro­ irregular routes, transporting: (1) Plas­ parts and supplies, from points in Dallas ceeding. A .protest under these rules tic “products and plastic byproducts, ex­ County, Tex., to points in the United should comply with section 247(d) (3) of cept in bulk, from the plantsite of Poly­ States (except Hawaii). Note: Applicant the rules of practice which requires that mer Processing, Inc., a subsidiary of states that the requested authority can­ it set forth specifically the grounds upon Broyhill Furniture Industries, Inc., at or not be tacked with its existing authority. which it is made, contain a detailed near Lenoir, N.C., in Caldwell County If a hearing is deemed necessary, appli­ statement of protestant’s interest in the to Washington, D.C.; Baltimore, Md.; cant requests it be held at Dallas, Tex., proceeding (including a copy of the spe­ points in New York, N.Y., commercial or Miami, Fla. cific portions of its authority which zone as defined by the Commission in No. MC 19227 (Sub-No. 149), filed No­ Protestant believes to be in conflict with 1 M.C.C. 665, and 2 M.C.C. 199; points in vember 10, 1970. Applicant: LEONARD that sought in the application, and Kentucky, New Jersey, Ohio, Pennsyl­ BROS. TRUCKING CO., INC., 2595 describing in detail the method—whether vania, Indiana, Illinois; points in that Northwest 20th Street, Miami, FL 33152, by joinder, interline, or other means— part of Virginia east of U.S. Highway 1 Applicant’s representative: J. F. Dew­ by which protestant would use such au­ and south of U.S. Highway 60; and points hurst (same address as applicant). Au­ thority to provide all or part of the serv­ in that part of West Virginia north of thority sought to operate as a common ice proposed), and shall specify with the Kanawha River and west of U.S. carrier, by motor vehicle, over irregular particularity the facts, matters, and Highway 19, including points on the indi­ routes, transporting: Apitong fKeruing things relied upon, but shall not include cated portions of the highways specified, lumber, from points in Mobile County, issues or allegations phrased generally. and (2) materials, equipment, and sup­ Ala., to all points in the United States Protests not in reasonable compliance plies used in the manufacture of plastic except (Alaska and Hawaii). Note : Ap­ products and plastic byproducts, from plicant states that the requested author­ ity cannot be tacked with its existing 1 Copies of Special Rule 247 (as amended) the destination points in (I) above to can be obtained by writing to the Secretary, the origin point in (1) above. N o t e: Ap­ authority. If a hearing is deemed neces­ Interstate Commerce Commission, Washing­ plicant states that the requested au­ sary, applicant requests it be held at ton, DC 20423. thority cannot be tacked with its existing Mobile, Ala., or Miami, Fla.

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 1843a NOTICES

No. MC 19227 (Sub-No. 150) r filed No. MC 30844 (Sub-No. 334), filed No­ No. MC 35628 (Sub-No. 315), filed November 10, 1970. Applicant: LEON­ vember 6, 1970. Applicant: KROBLIN November 6, 1970. Applicant: INTER­ ARD BROS. TRUCKING CO., INC., REFRIGERATED EXPRESS, INC., 2125 STATE MOTOR FREIGHT SYSTEM, a 2595 Northwest 20th Street, Miami, FL Commercial, Post Office Box 5000, corporation, 134 Grandville SW., Grand 33152. Applicant’s representative: J. F. Waterloo, IA 50704. Applicant’s repre­ Rapids, MI 49502. Applicant’s represent­ Dewhurst (same address as above). Au­ sentative: Truman A. Stockton, Jr., The ative: Leonard D. Verdier, Jr., 900 Old thority sought to operate as a common 1650 Grant Street Building, Denver, CO Kent Building, Grand Rapids, MI 49502. carrier, by motor vehicle, over irregu­ 80202. Authority sought to operate as a Authority sought to operate as a com­ lar routes, transporting: Rollers, road, common carrier, by motor vehicle, over mon carrier, by motor vehicle, over regu­ self-propelled, rollers, road, other than irregular routes, transporting: Cocoa, lar routes, transporting: General com­ self-propelled, and related parts and ac­ cocoa powder, and cocoa press cake meal, modities (except those of unusual value, cessories and refuse "bodies, from San (1) from warehouses and port facilities classes A and B explosives, household Antonio, Tex., to points in the United utilized by Continental Baking Co., Divi­ goods as defined by the Commission, States (except Hawaii and Alaska). sion of ITT and (2) from warehouses and commodities in bulk, and those requiring Note: Applicant states that the re­ port facilities utilized by DeZaan, Inc., at special equipment, serving the plantsite quested authority cannot be tacked with New York City, N.Y.; Philadelphia, Pa., of Bradford White Corp. at Middleville, its existing authority. If a hearing is and Baltimore, Md., and their respective Mich., as an off-route point in connec­ deemed necessary, applicant requests it commercial zones, to points in Colorado, tion with its regular-route operations be held at San Antonio, Tex., or Miami, Illinois (except Chicago and commercial over U.S. Highway 131, between Grand Fla. zone), Indiana, Iowa, Michigan, Min­ Rapids and Kalamazoo, Mich., as au­ No. MC 22254 (Sub-No. 55), filed No­ nesota, Nebraska, Ohio, Missouri, and thorized under No. MC 35628 (Sub-No. vember 10, 1970. Applicant: TRANS- Lexington, Ky. Note: Common control 2). Note: If a hearing is deemed neces­ AMERICAN VAN SERVICE, INC., 7540 may be involved. Applicant states that sary, applicant requests it be held at South Western Avenue, Chicago, IL the requested authority will be tacked Lansing or Detroit, Mich. 60620. Applicant’s representatives: John from points in Ohio, to points in Okla­ No. MC 41406 (Sub-No. 28), filed C. Bradley and Elliott Bunce, 618 Per­ homa, Kansas, Arkansas, and Texas as November 2, 1970. Applicant: AMTIM petual Building, Washington^ DC 20004. found in applicant’s lead certificate. If TRANSPORTATION SYSTEM, INC., Authority sought to operate as a com­ a hearing is deemed necessary, applicant 7105 Kennedy Avenue, Hammond, IN mon carrier, by motor vehicle, over irreg­ requests it be held at Washington, D.C. 46323. Applicant’s representatives: Ferd­ ular routes, transporting: Pianos, organs, No. MC 30844 (Sub-No. 335), filed No­ inand Born and Walter F. Jones, Jr., 601 phonographs, musical instruments, vend­ vember 9, 1970. Applicant: -KROBLIN Chamber of Commerce Building, Indian­ ing machines, and parts and acces­ REFRIGERATED XPRESS, INC., 2125 apolis, IN 46204. Authority sought to sories thereof, between the plantsites of Commercial, Waterloo, IA 50704. Appli­ operate as. a common carrier, by motor the Wurlitzer Co. at or near Logan, cant’s representative: Truman A. Stock- vehicle, over irregular routes, transport­ Utah, on the one hand, and, on the ton, Jr., The 1650 Grant Street Building, ing: Iron and steel articles, building ac­ other, points in the United States (ex­ Denver, CO 80202. Authority sought to cessories, and prefabricated buildings, cept Alaska and Hawaii). Note: Appli­ operate as a common carrier, by motor including parts, and accessories thereto, cant states that the requested authority vehicle, over irregular routes, transport­ from Milwaukee, Wis., to New York, cannot be tacked with its existing au­ ing: Meats, meat products, and meat Pennsylvania, West Virginia, Kentucky, thority. If a hearing is deemed neces­ byproducts, and articles distributed by meat packinghouses, as described in sec­ Ohio, Missouri, Michigan, Illinois, and sary, applicant requests it be held at Indiana. Note : Applicant states that the Chicago, 111., or Salt Lake City, Utah. tions A and C of appendix I to the report in Motor Carrier Certificates, 61 M.C.C. requested authority cannot be tacked No. MC 29120 (Sub-No. 123), filed 209 and 766 (except hides and commodi­ with its existing authority. If a hearing November 12, 1970. Applicant: ALL- ties in bulk), from Dubuque, Iowa, to is deemed necessary, applicaht requests AMERICAN TRANSPORT, INC., 1500 points in Connecticut, Delaware, Maine, it be held at Chicago, HI. Industrial Avenue, Post Office Box 769, Maryland, Massachusetts, Michigan, No. MC 42261 (Sub-No. 108), filed Sioux Falls, SD 57101. Applicant’s rep­ New Hampshire, New Jersey, New York, November 5, 1970. Applicant: LANGER resentative: Mead Bailey (same address Ohio, Pennsylvania, Rhode Island, Ver­ TRANSPORT CORP., Route 1 and Dan- as applicant). Authority sought to op­ mont, Virginia, West Virginia, and the forth Avenue, Jersey City, NJ 07303. Ap­ erate as a common carrier, by motor District of Columbia, restricted to ship­ plicant’s representative: W. C. Mitchell, vehicle, over regular routes, transport­ ments originating in Dubuque, Iowa. 140 Cedar Street, New York, NY 10006. ing: General commodities (except those Note: Applicant states that the re­ Authority sought to operate as a com­ of unusual value, classes A and B ex­ quested authority cannot be tacked with mon carrier, by motor vehicle, over plosives, household goods as defined by its existing authority. Common control irregular routes, transporting: (1) Ath­ the Commission, commodities in bulk, may be involved. If a hearing is deemed letic goods, games, sporting equipment, commodities requiring special equip­ necessary, applicant requests it be held toys, and plastic or rubber parts and ment, and those injurious or contamina­ at Washington, D.C., or Chicago, 111. products, from Sandusky, Ohio, to points ting to other lading), between Kansas No. MC 30844 (Sub-No. 336), filed in Connecticut, Massachusetts, New City, Mo. and Omaha, Nebr.: From November 9, 1970. Applicant: KROBLIN Jersey, New York, Pennsylvania, and Kansas City over Interstate Highway 29 REFRIGERATED XPRESS, INC., 2125 Rhode Island, and (2) returned ship­ to junction with UJS. Highway 59, near Commercial, Post Office Box 5000, Water­ ments, and materials and supplies (ex­ Mound City, Mo., thence over U.S. High­ loo, IA 50704. Applicant’s representative: cept commodities in bulk) used in the way 59 to junction with Iowa Highway Truman A. Stockton, Jr., The 1650 manufacture and shipping of the com­ 92, thence over Iowa Highway 92 to Grant Street Building, Denver, CO 80202. modities in (1) above, from points in Council Bluffs, Iowa, and thence over Authority sought to operate as a common Connecticut, Massachusetts, New Jersey, city street to Omaha, Nebr., and return carrier, by motor vehicle, over- irregular New York, Pennsylvania, and Rhode over the same route, serving the inter­ routes, transporting: Canned and pre­ Island, to Sandusky, Ohio. Note: Appli­ mediate point of St. Joseph, Mo., the served foodstuffs, from Waterloo, Red cant states that the requested authority off-route point of Atchison, Kans., and Creek, RushviUe, Egypt, Fairport, New­ cannot be tacked with its existing au­ points within the Kansas City, Mo.-Kan- ark, and Lyons, N.Y., to points in Ar­ thority. If a hearing is deemed necessary, sas City, Kans., commercial zone as applicant requests it be held at Washing­ defined by the Interstate Commerce kansas, Kansas, Louisiana, Oklahoma, and Texas. Note: Common control may ton, D.C., or Columbus, Ohio. Commission in 111 M.C.C. 131. Note: be involved. Applicant states that the re­ No. MC 51146 (Sub-No. 189), filed No­ Common control may be involved. If a quested authority cannot be tacked with vember 9, 1970. Applicant: SCHNEIDER hearing is deemed necessary, applicant its existing authority. If a hearing is TRANSPORT & STORAGE, INC., 817 requests it be held at (1) Sioux Falls, deemed necessary, applicant requests it McDonald Street, Green Bay, WI 54306. S. Dak., (2) Sioux City, Iowa, or (3) be held at Buffalo, N.Y., or Washing­ Applicant’s representatives: D. F. Martin Omaha, Nebr. ton, D.C. (same address as applicant), and Charles

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18431

W. Singer, 33 North Dearborn Street, points in Minnesota, Illinois, Nebraska, cancellation if th is application is Chicago, IL 60602. Authority sought to Wisconsin, North Dakota, South Dakota, granted. If a hearing is deemed neces­ operate as a common carrier, by motor Kansas, and Missouri. N ote: Applicant sary, applicant requests it be held at vehicle, over irregular routes, transport­ states that the requested authority can­ Ncwiirk NT J ing: (1) Paper and paper products, from not be tacked with its existing authority. No. MC 83835 (Sub-No 74), filed No­ the plant and warehouse sites of Nekoosa Common control may be involved. If a vember 5, 1970. Applicant: WALES Edwards Paper Co., Inc., located at or hearing is deemed necessary, applicant TRANSPORTATION, INC., Post Office near Potsdam,- N.Y. (St. Lawrence requests it be held at Des Moines, Iowa. Box 6186, Dallas, TX 75222. Applicant’s County), to points in Illinois, Indiana, No. MC 73165 (Sub-No. 287), filed representative: James W. Hightower, 136 Iowa, Kansas, Kentucky, Michigan, Min­ November 10, 1970. Applicant: EAGLE Wynnewood Professional Building, Dal­ nesota, Missouri, Nebraska, North Da­ MOTOR LINES, INC., 830 North 33d las, TX 75224. Authority sought to oper­ kota, Ohio, South Dakota, and Wiscon­ Street, Post Office Box 11086, Birming­ ate as a common carrier by motor vehi­ sin, and (2) materials and supplies (ex­ ham, AL 35202. Applicant’s represent­ cle, over irregular routes, transporting: cept commodities in bulk) used in the ative: Robert M. Pearce, Post Office Box Sprinkler systems and parts thereof, manufacture and distribution of paper E, Bowling Green, KY 42101. Authority from points in Pulaski County, Ark., to and paper products, from the above sought to operate as a common carrier, points in Alabama, Colorado, Florida, destination territory to the plant and by motor vehicle, over irregular routes, Georgia, Illinois, Kansas, Kentucky, Lou­ warehouse sites of Nekoosa Edwards transporting: Iron and steel pipe or isiana, Mississippi, Missouri, North Caro­ Paper Co. at or near Potsdam, N.Y. (St. tubing, other than oilfield, from Bossier lina, Oklahoma, South Carolina, Ten­ Lawrence County). Note: Applicant City, La., and Houston, Tex., to points in nessee, and Texas. N ote: Applicant states that the requested authority the United States (except Alaska and states that the requested authority can­ could be tacked with various Subs of Hawaii). N ote : Applicant states that the not be tacked with its existing authority. MC 51146 where feasible. Applicant requested authority can be tacked with If a hearing is deemed necessary, appli­ further states that no duplicating au­ its existing authority, but indicates that cant requests it be held at -Little Rock, thority is being sought. Common con­ it has no present intention to tack and Ark., or Memphis, Tenn. trol may be involved. If a hearing is therefore does not identify the points or No. MC 89723 (Sub-No. 60), filed deemed necessary, applicant requests it territories which can be served through November 4,1970. Applicant: MISSOURI be held at Washington, D.C. tacking. Persons interested in the tacking PACIFIC TRUCKLINES, INC., 210 No. MC 59752 (Sub-No. 2), filed No­ possibilities are cautioned that failure to North 13th Street, St. Louis, MO 63103. vember 4,1970. Applicant: H. P. FRIESE, oppose the application may result in an Applicant’s representative: Robt. S. Friedheim, Mo. 63747. Applicant’s rep­ unrestricted grant of authority. If a Davis (same address as applicant). Au­ resentative: Paul A. Mueller, Jr., Jack- hearing is deemed necessary, applicant thority sought^,to operate as a common son, Mo. 63755. Authority sought to requests it be held at Birmingham, Ala. carrier, by motor vehicle, over regular operate as a common carrier, by motor No. MC 78687 (Sub-No. 30), filed No­ routes, transporting: General commodi­ vehicle, over regular routes, transport­ vember 13, 1970. Applicant: LOTT MO­ ties, between points in Texas as presently ing; Livestock, feed, fertilizer, and farm TOR LINES, INC., 118 Monell Street, authorized in applicant’s certificate MC products (not in bulk), from Cape Penn Yan, NY 14527. Applicant’s repre­ 89723 (Sub-No. 4) by removal solely of Girardeau, Mo., to National Stock Yards, sentative: E. Stephen Heisley, 705 Mc- Palestine, Tex., as a key-point from said 111., over U.S. Highway 61, or Interstate Lachlen Bank Building, 666 11th Street certificate, but subject to the remaining Highway 55, serving the intermediate NW., Washington, DC 20001. Authority key- points of Houston, San Antonio, points of Jackson, Fruitland, Shawnee- sought to operate as a common carrier, Fort Worth, Laredo, and Hearne-Valley town, Perryville, and St. Louis, Mo. by motor vehicle, over irregular routes, Junction, Tex., and all other restriction Note: If a hearing is deemed necessary, transporting: Salt products, from the in said certificate. Common control may applicant requests it be held at Cape plantsite pf Cayuga Rock Salt Co. at or be involved. If a hearing is deemed neces­ Girardeau or St. Louis, Mo. near Myers, N.Y., to points in Bradford, sary, applicant requests it be held at No. MC 61592 (Sub-No. 191), filed Clinton, Columbia, Lackawanna, Lu­ Dallas, Tex. November 12,1970. Applicant: JENKINS zerne, Lycoming, Montour, Northumber­ No. MC 94350 (Sub-No. 281), filed TRUCK LINE, INC., 3708 Elm Street, land, Porter, Snyder, Sullivan, Susque­ November 12,1970. Applicant: TRANSIT Bettendorf, IA 52722. Applicant’s repre­ hanna, Tioga, Union, Wayne, and Wyo­ HOMES, INC., Haywood Road, Post sentative: Donald W. Smith, 900 Circle ming Counties, Pa. N ote: Applicant Office Box 1628, Greenville, SC 29602. Tower Building, Indianapolis, IN 46204. states that the requested authority can­ Applicant’s representatives: Mitchell Authority sought to operate as a common not be tacked with its existing authority. King, Jr. (same address as above) and carrier, by motor vehicle, over irregular Applicant holds contract carrier author­ Ames, Hill & Ames, Suite 705, McLachlen routes, transporting: (1) Printed matter, ity under MC 2505, therefore, dual opera­ Bank Building, Washington, DC 20001. magazines, printed materials of all types, tions and common control may be in­ Authority sought to operate as a com­ material, and supplies used in the manu­ volved. If a hearing is deemed necessary, mon carrier, by motor vehicle, over ir­ facture and distribution by printing applicant requests it be held at Wash­ regular routes, transporting: Trailers houses (1) from Glasgow, Ky., to points ington, D.C. designed to be drawn by passenger auto­ in the United States (except Hawaii), No. MC 82735 (Sub-No. 3), filed biles in initial movements, from Tippah and (2) from points in the United States November 3, 1970. Applicant: HUDSON- County, Miss., to points in Alabama, (except Hawaii) to Glasgow, Ky. N ote: BERGEN TRUCKING CO., a corpora­ Arkansas, Georgia, Louisiana, Kentucky, Applicant states that the requested au­ tion, 200 Central Avenue, Teterboro, NJ and Tennessee. N ote: Applicant states thority cannot be tacked with its existing 07608. Applicant’s representative: Ber­ that the requested authority cannot be authority. Common control may be in­ nard F. Flynn, Jr., York Flynn Building, tacked with its existing authority!; If a volved. If a hearing is deemed necessary, East Blackwell Street, Dover, NJ 07801. hearing is deemed necessary, applicant applicant requests it be held at Louis­ Authority sought to operate as a con­ requests it be held at Memphis, Tenn. ville, Ky. tract carrier, by motor vehicle, over No. MC 98542 (Sub-No. 7), filed No. MC 61592 (Sub-No. 192), filed irregular routes, transporting: Such mer­ November 4, 1970. Applicant: COLLINS November 9, 1970. Applicant: JENKINS chandise as is dealt in by wholesale and & SIMMONS, INC., Box 134, Wolcott, TRUCK LINE, INC., 3708 Elm Street, retail grocery stores, from the site of NY 14590. Applicant's representative: Bettendorf, IA 52722. Applicant’s repre­ Marschall Warehouse Co., Teterboro, NJ, Raymond A. Richards, 23 West Main sentative: Donald W. Smith, 900 Circle to points in New York, New Jersey, Penn­ Street, Wolcott, NY 14590. Authority Tower Building, Indianapolis, IN 46204. sylvania, Connecticut, Rhode Island, and sought to operate as a common carrier, Authority sought to operate as a common Massachusetts, under a continuing con­ by motor vehicle, over irregular routes, carrier, by motor vehicle, over irregular tract with Marschall Warehouse Co. transporting: (1) Groceries, (a) between points in Monroe, Onondaga, and Wayne. routes, transporting: Trailers, designed N ote: Applicant states that it holds au­ Counties, N.Y., on the one hand, and, on to be drawn by passenger automobiles in thority to this application under MC the other, points in Hudson, Essex, Mid­ initial movement, from Marion, Iowa, to 82735 (Sub-No. 2) and will surrender for dlesex, Union, and Monmouth Counties,

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18432 NOTICES

N.J., (b) from points in Orleans County, sary, applicant requests it be held at used in, or in connection with, the manu­ N.Y., to points in Hudson, Essex, Middle­ Memphis, Tenn. facture, installation, removal, operation, sex, Union, and Monmouth Counties, No. MC 103993 (Sub-No. 575), filed repair, servicing, and maintenance of NJ., (2) Canned goods, except as set November 12,1970. Applicant: MORGAN pollution control systems, and pollution forth in (1) above, from points in Wayne DRIVE AWAY, INC., 2800 West Lexing­ control system parts, between points in County, N.Y., to points in Hudson, Essex, ton Avenue, Elkhart, IN 46514. Appli­ the United States (except Hawaii). Middlesex, Union, and Monmouth Coun­ cant’s representative: Paul D. Borghe- N ote : Common control "may be involved. ties, N.J., (3) Sugar, except as set forth sani (same address as applicant). Au­ Applicant states that the requested au­ in (1) above, from points in Hudson, thority sought to operate as a common thority cannot be tacked with its existing Essex, Middlesex, Union, and Monmouth carrier, by motor vehicle, over irregular authority. If a hearing is deemed neces­ Counties, N.J., to all points in Genesee, routes, transporting: Trailers, designed sary, applicant requests it be held at Ontario, and Wayne, Counties, N.Y., and to be drawn by passenger automobiles, in Washington, D.C., Chicago, HI., Dallas, (4) Baby supplies from plantsite of initial movements, from Holmes County, Tex., or San Francisco, Calif. Gerber Products, Rochester, N.Y., to Ohio, to all points in the United States No. MC 106497 (Sub-No. 53), filed points in Hudson, Essex, Middlesex, (except Alaska and Hawaii). Note: Ap­ November 9, 1970. Applicant: PARK- Union, and Monmouth Counties, N.J. plicant states that the requested author­ HILL TRUCK COMPANY, a corpora­ N ote: Applicant states that the requested ity cannot be tacked with its existing au­ tion, Post Office Box 912, Joplin, MO authority cannot be tacked with its exist­ thority. If a hearing is deemed necessary, 64801. Applicant’s representatives: A. N. ing authority. If a hearing is deemed applicant requests it be held at Colum­ Jacobs (same address as above) , and necessary, applicant requests it be held bus, Ohio. Wilburn L, Williamson, 600 Leininger at Rochester, N.Y. No. MC 103993 (Sub-No. 576), filed Building, Oklahoma City, OK 73112. No. MC 103993 (Sub-No. 572), filed No­ November 12,1970. Applicant: MORGAN Authority sought to operate as a common vember 12, 1970. Applicant: MORGAN DRIVE AWAY, INC., 2800 West Lexing­ carrier, by motor vehicle, over irregular DRIVE-AWAY, INC., 2800 West Lex­ ton Avenue, Elkhart, IN 46514. Appli­ routes, transporting: Heating units, ington Avenue, Elkhart, IN 46514. Appli­ cant’s representative: Paul D. Borghesani storage units, and heating and storage cant’s representative: Paul D. Borghe- (same address as applicant). Authority units combined, between Albuquerque, sani (same address as applicant). Au­ sought to operate as a common carrier, N. Mex., on the one hand, and, on the thority sought to operate as a common by motor vehicle, over irregular routes, other, points in the United States (ex­ carrier, by motor vehicle, over irregular transporting: Buildings and sections of cept Hawaii). N ote: Applicant states routes, transporting: Campers, caps, buildings, and trailers, designed to be that, the requested authority can be tops, and accessories, from Chemung drawn by passenger automobiles in initial tacked with its existing “size or weight” County, N.Y., to all points in the United movements, from Orangeburg County, authority but indicates that it has no States (except Hawaii). Note: Applicant S.C., to all points in the United States present intention to tack, and therefore states that the requested authority can­ (except Alaska and Hawaii). N ote: Ap­ does not identify the points or territories not be tacked with its'existing authority. plicant states that the requested author­ which can be served through tacking. If a hearing is deemed necessary, appli­ ity cannot be tacked with its existing Persons interested in the tacking possi­ cant requests it be held at Binghamton, authority. If a hearing is deemed neces­ bilities are cautioned that failure to op­ N.Y. sary, applicant requests it be held at pose the application may result in an No. MC 103993 (Sub-No. 573), filed Columbia, S.C. unrestricted grant of authority. Common November 12,1970. Applicant: MORGAN No. MC 106398 (Sub-No. 514), filed No­ control and dual operations may be in­ DRIVE-AWAY, INC.,, 2800 West Lexing­ vember 3, 1970. Applicant: NATIONAL volved. If « hearing is deemed necessary, ton Avenue, Elkhart, IN 46514. Appli­ TRAILER CONVOY, INC., 1925 National applicant requests it be held at Los cant’s representative: Paul D. Borghe- Plaza, Box 51096, Dawson Station, Tulsa, Angeles, Calif., or Dallas, Tex. sani (same address as applicant). Au­ OK 74151. Applicant’s representatives: No. MC 106497 (Sub-No. 54), filed thority sought to operate as a common Irvin Tull (same address as applicant), November 9, 1970. Applicant: PARK- carrier, by motor vehicle, over irregular and Leonard A. Jaskiewicz, 1730 M Street HILL TRUCK COMPANY, a corporation, routes, transporting: (1) Trailers de­ NW., Suite 501, Washington, D.C. Au­ Post Office Box 912, Joplin, MO 64801. signed to be drawn by passenger auto­ thority sought to operate as a common Applicant’s representatives: A. N. Jacobs mobiles, in initial movements, from carrier, by motor vehicle, over irregular (same address as applicant), and Wil­ points in Cherokee County, S.C., to all routes, transporting: Trailers, designed burn L. Williamson, 600 Leininger Build­ points in the United States (except to be drawn by passenger automobiles, in ing, Oklahoma City, OK 73112. Authority Alaska and Hawaii); and (2) Buildings initial movements, in truckaway service sought to operate as a common carrier, and sections of buildings, from Laurens and buildings in sections, transported on by motor vehicle, over irregular routes, County and Cherokee County, S.C., to wheeled undercarriages from points of transporting: Tubing, other than oil­ all points in the United States (except manufacture; from points in Nelson field tubing, from Houston, Tex., to all Alaska and Hawaii). N ote: Applicant County, N. Dak., to points in the United points in the United States (except states that the requested authority can­ States (except Alaska and Hawaii). Hawaii). N ote: Applicant states that not be tacked with its existing authority. N ote: Common control and dual opera­ tacking is possible with its Sub-No. 4 If a hearing is deemed necessary, appli­ tions may be involved. Applicant states where “size or weight’’ commodities are cant requests it be held at Greenville, that the requested authority cannot be involved, but tacking is presently not s.c. tacked with its existing authority. If a practical. Persons interested in such No. MC 103993 (Sub-No. 574), filed No­ hearing is deemed necessary, applicant tacking possibilities are cautioned that vember 12, 1970. Applicant: MORGAN requests it be held at Grand Porks, failure to oppose the application may DRIVE AWAY, INC., 2800 West Lexing­ N. Dak. result in an unrestricted grant of au­ ton Avenue, Elkhart, IN 46514. Appli­ No. MC 106497 (Sub-No. 51), filed thority. Common control may be in­ cant’s representative: Paul D. Borghe- October 30, 1970. Applicant: PARKHILL volved. If a hearing is deemed necessary, sani (same address as above). Authority TRUCK COMPANY, a corporation, Post applicant requests it be held at Houston, sought to operate as a common carrier, Office Box 912, Joplin, MO 64801. Appli­ or Dallas, Tex. by motor vehicle, over irregular routes, cant’s representatives: A. N. Jacobs, Post No. MC 109324 (Sub-No. 23), filed transporting: Trailers, designed to be Office Box 912, Joplin, MO 64801 and November 12, 1970. Applicant: GARRI­ drawn by passenger automobiles, in Wilburn L. Williamson, 600 Leininger SON MOTOR FREIGHT, INC., Post initial movements, from Tippah County, Building, Oklahoma City, OK 73112. Au­ Office Box 969, Harrison, AR 72601. Ap­ Miss., to all points in the United States thority sought to operate as a common plicant’s representative: Louis Tarlow- carrier, by motor vehicle, over irregular ski, 914 Pyramid Life Building, Little (except Alaska and Hawaii). N ote: Ap­ routes, transporting: (1) Pollution con­ Rock, AR 72201. Authority sought to plicant states that the requested author­ trol systems, and pollution control sys­ operate as a common carrier, by motor ity cannot be tacked with its existing tem parts; (2) machinery, equipment, vehicle, over regular routes, transport­ authority. If a hearing is deemed neces- materials, and supplies, incidental to, ing.; General commodities (except those

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18433 of unusual value, classes A and B explo­ No. MC 111375 (Sub-No. 42), filed No­ Frozen foods, from the plantsite of sives, household goods as defined by the vember 16, 1970. Applicant: PIRKLE Kitchens of Sara Lee, Deerfield, 111., to Commission, commodities in bulk, in REFRIGERATED FREIGHT LINES, points in Connecticut, Delaware, Massa­ tank vehicles, and those requiring special INC., Post Office Box 3358, Madison, WI chusetts, Maryland, New Jersey, New equipment), between Berryviile, Ark., 53704. Applicant’s representative: Joseph York, Pennsylvania, Rhode Island, Vir­ and Gateway, Ark., over U.S. Highway M. Scanlan, 111 West Washington ginia, West Virginia, and the District 62, serving all intermediate points. N ote: Street, Chicago, IL 60602. Authority of Columbia. N ote : Applicant states that If a hearing is deemed necessary, appli­ sought to operate as a common carrier, the requested authority cannot be tacked cant requests it be held at Harrison, Ark., by motor vehicle, over irregular routes, with its existing authority. If a hearing or Little Rock, Ark. transporting: Dairy products, from is deemed necessary, applicant requests No. MC 109397 (Sub-No. 243), filed Fredericksburg and Preston, Iowa, to it be held at Chicago, HI. November 2, 1970. Applicant: TRI­ points in Arizona, California, Colorado, No. MC 113158 (Sub-No. 16), filed STATE MOTOR TRANSIT CO., a cor­ Idaho, Montana, Nevada, New Mexico, November 10, 1970. Applicant: TODD poration, Post Office Box 113, East on Oregon, Utah, Washington, and Wyo­ TRANSPORT COMPANY, INC., Secre­ Interstate Business Route 44, Joplin, MO ming. N ote: Applicant states that the tary, MD 21664. Applicant’s representa­ 64801. Applicant’s representatives: A. N. requested authority cannot be tacked tive: V. Baker Smith, 2107 The Fidelity Jacobs (same address as applicant), and with its existing authority. If a hear­ Building, Philadelphia, PA 19109. Au­ Wilburn L. Williamson, 600 Leininger ing is deemed necessary, applicant re­ thority sought to operate as a common Building, Oklahoma City, OK 73112. Au­ quests it be held at Madison or Mil­ carrier, by motor vehicle, over irregular thority sought to operate as a common waukee, Wis. routes, transporting: Such merchandise carrier, by motor vehicle, over irregular No. MC 111397 (Sub-No. 92), filed as is dealt in by wholesale, retail, chain routes, transporting: Air pollution con­ November 5, 1970. Applicant: DAVIS grocery stores, and food business houses, trol equipment, including but not limited TRANSPORT, INC., 1345 South Fourth and, in connection therewith, equipment, to dust collecting machinery and parte Street, Paducah, KY 42001. Applicant’s materials, and supplies used in the con­ thereof, scrubbers and pneumatic con­ representative: H. S. Melton, Jr., Box duct of such business (except commodi­ veying systems and related parts, from 1407, Paducah, KY 42001. Authority ties in bulk), from Hurlock, Md., to Essex, Mass., to points in the United sought to operate as a common carrier, points in Delaware, Maryland, New States (excluding Alaska and Hawaii). by motor vehicle, over irregular routes, Jersey, New York, the District of Co­ Note : Applicant states tacking possibili­ transporting: Uranium hexafluoride, in lumbia, and that part of Pennsylvania ties with its Sub-No. 195 on the com­ radioactive material containers, in spe­ on and east of U.S. Highway 15 and the modities sought in this application, cialized trailers, from plantsite of Allied city of Johnstown, Pa. Note: Applicant which because of size or weight require Chemical Corp., at Metropolis, 111., to states that the requested authority can­ special equipment or handling. Persons Atomic Energy Commission plantsite in not be tacked with its existing authority. interested in the tacking possibilities are McCracken County, Ky. N ote: Appli­ If a hearing is deemed necessary, appli­ cautioned that failure to oppose the ap­ cant states that the requested authority cant requests it be held at Washington, plication may result in an unrestricted cannot be tacked with its existing au­ D.C. grant of authority. Common control and thority. If a hearing is deemed neces­ No. MC 113434 (Sub-No. 38) (Amend­ dual operations may be involved. If a sary, applicant requests it be held at ment), filed October 13, 1970, published hearing is deemed necessary, applicant Louisville, Ky., or Washington, D.C. in the F ederal R egister issue of No­ requests it be held at Boston, Mass., or vember 13, 1970, and republished as Washington, D.C. No. MC 112617 (Sub-No. 282), filed amended, this issue. Applicant: GRA- No. MC 111302 (Sub-No. 62), filed November 4, 1970. Applicant: LIQUID BELL TRUCK LINE, INC., 679 Lincoln, November 12, 1970. Applicant: HIGHr TRANSPORTERS, INC., Post Office Box Holland, MI 49423. Applicant’s repre­ WAY TRANSPORT, INC., Post Office 21395, Louisville, KY 40221. Applicant’s sentative: Wilhelmina Boersma, 1600 Box 79, Powell, TN 37849. Applicant’s representative: Leonard A. Jaskiewicz, First Federal Building, Detroit, MI representative: George W. Clapp, Post 1730 M Street NW, Suite 501, Washing­ 48226. Authority sought to operate as a Office Box 10188, Greenville, SC 29603. ton, DC 20036. Authority sought to op­ common carrier, by motor vehicle, over Authority sought to operate as a com­ erate as a common carrier, by motor ve­ irregular routes, transporting: Materials, mon carrier, by motor vehicle, over ir­ hicle, over irregular routes, transport­ products, and supplies used in or pro­ regular routes, transporting: Meat pack­ ing : Commodities, in bulk, from disabled duced by the food processing industry, inghouse products, in bulk, in tank motor vehicles, rail cars, and barges, be­ (except in bulk), from Fennville, South vehicles, from points in Knox County, tween points in the following States: Haven, and Benton Harbor, Mich., and Tenn., to points in Alabama, Arkansas, Alabama, Arkansas, Georgia, Illinois, the distribution center of Michigan Florida, Georgia, Illinois, Kentucky, Indiana, Kentucky, Mississippi, Missouri, Fruit Canners located approximately Mississippi, Missouri, North Carolina, North Carolina, Ohio, Tennessee, Vir­ 2 nailes west of Coloma, Mich., to points Ohio, South Carolina, Tennessee, Vir­ ginia, and West Virginia. N ote: Common control may be involved. Applicant states in Indiana, Kentucky and West Virginia. ginia, and West Virginia. N ote: Appli- N ote : Applicant states that the re­ eant states that the requested authority that the requested authority can be quested authority cannot be tacked with cannot be tacked with its existing au­ tacked with its existing authority but its existing authority. The purpose of thority. Common control may be in­ indicates that it has no present intention this republication is to include the des­ volved. If a hearing is deemed necessary, to tack and therefore does not identify tination State of West Virginia in the applicant requests it be held at Knox­ the points or territories which can be territorial description. If a hearing is ville, Tenn. served through tacking. Persons inter­ deemed necessary, applicant requests it No. MC 111375 (Sub-No. 41), file< ested in the tacking possibilities are cau­ be held at Detroit or Lansing, Mich. November 12, 1970. Applicant: PIRKL1 tioned that failure to oppose the appli­ No. MC 113678 (Sub-No. 406), filed REFRIGERATED FREIGHT LINES cation may result in an unrestricted November 10, 1970. Applicant: CURTIS, SrP'c *>os^ Office Box 3358, Madison grant of authority. If a hearing is INC., Post Office Box 16004, Stockyards wi 53704. Applicant’s representative deemed necessary, applicant requests it Station, Denver, CO 80216. Applicant’s Charles W. Singer, 33 North Dearbon be held at Louisville, Ky., or Washing­ representatives: Duane W. Acklie, Post Street, Chicago, IL 60602. Authorit: ton, D.C. Office Box 806, Lincoln, NE 68501, and sought to operate as a common carrier No. MC 112696 (Sub-No. 43), filed Richard Peterson. Authority sought to by motor vehicle, over irregular routes November 9, 1970. Applicant: HART­ operate as a common carrier, by motor transporting: Dairy products, iron MANS, INCORPORATED. Post Office vehicle, over irregular routes, transport­ Green Bay and La Crosse, Wis., to point Box 898, Harrisonburg, VA 22801. Ap­ ing: Food and food products and adver­ i? Dakota. Note: Applicant state plicant’s representative: James E. Wil­ tising equipment, materials, and supplies, tnat the requested authority cannot b son, 1735 K Street NW., Washington, when shipped therewith (except com­ tacked with its existing authority. If ! DC 20006. Authority sought to operate modities in bulk), from points in Massa­ wJ^nn? ^ deemed necessary, applican as a common carrier, by motor vehicle, chusetts to points in Illinois, Indiana, requests it be held at Chicago, HI. over irregular routes, transporting: Iowa, Kansas, Kentucky, Michigan,

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18434 NOTICES

Minnesota, Missouri, Nebraska, Ohio, sought to operate as a common carrier, hicle, over irregular routes, transporting; West Virginia, and Wisconsin. N ote: by motor vehicle, over irregular routes, Lighting and electrical fixtures, parts, Applicant states that the requested au­ transporting: Plywoodt composition equipment, and supplies, from Atlanta thority cannot be tacked with its exist­ board, panels, cabinets, molding, and and Conyers, Ga., to points in Florida. ing authority. If a hearing is deemed accessories, from Chesapeake, Va., to Note: Applicant states that the requested necessary, applicant requests it be held Alabama, Arkansas, Florida, Georgia, authority cannot be tacked with its ex­ at Boston, Mass. Kentucky, Louisiana, Mississippi, North isting authority. If a hearing is deemed No. MC 114273 (Sub-No. 76), filed No­ Carolina, South Carolina, Tennessee, and necessary, applicant requests it be held vember 4, 1970. Applicant: CEDAR RAP­ Texas. N ote: Applicant states that the at Atlanta, Ga. IDS STEEL TRANSPORTATION, INC., 'requested authority cannot be tacked No. MC 116763 (Sub-No. 181), filed No­ Post Office Box 68,393016th Avenue SW., with its existing authority. If a hearing vember 5, 1970. Applicant: CARL SUB- Cedar Rapids, IA 52406. Applicant’s rep­ is deemed necessary, applicant requests LER TRUCKING, INC., North West resentatives: Gene R. Prokuski (same it be held at Washington. D.C. Street, Versailles, OH 45380. Applicant’s address as applicant)., and Robert E. No. MC 115295 (Sub-No. 14), filed representative: H. M. Richters, North Koncar, 315 Commerce Exchange Build­ November 9, 1970. Applicant: BOB West Street, Versailles, OH 45380. Au­ ing, 2720 First Avenue NE., Cedar Rapids, UTGARD, doing business as UTGARD thority sought to operate as a common IA 52406. Authority sought to operate TRUCKING, Route 3, New Richmond, carrier, by motor vehicle, over irregular as a common carrier, by motor vehicle, WI 54017. Applicant’s representative: routes, transporting: (1) Rugs, carpet­ over irregular routes, transporting: Fro­ Val M. Higgins, 1000 First National ing, textiles, patterns, and piece goods, zen foods, from Deerfield, HI., to points in Bank Building, Minneapolis, MN 55402. and (2) equipment, materials, and sup­ Misouri. N ote : Applicant states that the Authority sought to operate as a common plies used in the installation and manu­ requested authority cannot be tacked carrier, by motor vehicle, over irregular facturing of items named in (1) above, with its existing authority. Common con­ routes, transporting: Animal and poultry from points in California, to points in the trol may be involved. If a hearing is feed and manufactured feed ingredients, United States in and east of Minnesota, deemed necessary, applicant requests it including concentrates, supplements, and Iowa, Missouri, Oklahoma, and Texas. be held at Chicago, HI. minerals, from (1) New Richmond, Wis., N ote: Applicant states that the re­ No. MC 115162 (Sub-No. 209), filed to points in Allamakee, Clayton, Dubuque, quested authority cannot be tacked with November 6, 1970. Applicant: POOLE Delaware, Jackson, Jones, Linn, Clinton, its existing authority. If a hearing is TRUCK LINE, INC., Post Office Drawer Tama, Marshall, Story, Grundy, Hardin, deemed necessary applicant requests it 500, Evergreen, AL 36401. Applicant’s Hamilton, Wright, and Hancock Coun­ be held at Los Angeles, Calif. representative: Robert E. Tate (same ad­ ties, Iowa; and points in Winona County, No. MC 117416 (Sub-No. 39), filed dress as above). Authority sought to op­ Minn., north of U.S. Highway 14, and November 2, 197Q. Applicant: NEWMAN erate as a common carrier, by motor ve­ (2) from Ames, Iowa and Albert Lea, AND PEMBERTON CORPORATION, hicle, over irregular routes, transport­ Minn., to New Richmond, Wis. N ote: 2007 University Avenue NW., Knoxville, ing: Petroleum products, vehicle "body Applicant states that the requested au­ TN 37921. Applicant’s representative: sealer, and sound deadening compounds, thority cannot be tacked with its exist­ Herbert Alan Dubin, 1819 H Street NW., in packages or containers, from points in ing authority. If a hearing is deemed Washington, DC 20006. Authority sought Hancock County, W. Va.; Venango necessary, applicant requests it be held to operate as a common carrier, by motor County, Pa.; McKean County, Pa.; Butler at Minneapolis, Minn. vehicle, over irregular routes, transport­ County, Pa.; Beaver County, Pa.; and No. MC 115651 (Sub-No. 21), filed ing: Animal litter and cleaning com­ Hamilton County, Ohio, to points in Ala­ November 10, 1970. Applicant: KANEY pounds, in containers, from Atlanta, Ga., bama, Arkansas, Florida, Georgia, Loui­ TRANSPORTATION, INC., 7222 Cum­ to Evansville, Ind., Williamson, W. Va., siana, Mississippi, Oklahoma, Tennessee, in ingham Road, Rockford, IL 61102. Ap­ Bristol Va., and points in Kentucky and ote and Texas. N ote: Applicant states that plicant’s representative: Michael V. Tennessee. N : Applicant states that the requested authority cannot be tacked Kaney (same address as above). Au­ the requested authority cannot be tacked with its existing authority. If a hearing is thority to operate as a common carrier, with its existing authority. If a hearing is deemed necessary, applicant requests it by motor vehicle, over irregular routes, deemed necessary, applicant requests it be held at Washington, D.C. transporting: Liquid fertilizer solutions, be held at Washington, D.C. No. MC 115162 (Sub-No. 210), filed from Mount Carmel, 111., to points in Hli- No. MC 11813Q (Sub-No. 65), filed No­ November 9, 1970. Applicant: POOLE nois, Indiana, Kentucky, and Ohio. N ote: vember 12, 1970. Applicant: BEN HAM­ TRUCK LINE, INC., Post Office Drawer Applicant states that the requested au­ RICK, INC., 2000 Chelsea Drive W., Fort 500, Evergreen, AL. Applicant’s repre­ thority cannot be tacked with its exist­ Worth, TX 76134. Applicant’s represent­ sentative: Robert E. Tate (same address ing authority. If a hearing is deemed ative: Hugh T. Matthews, 630 Fidelity as above). Authority sought to operate as necessary, applicant requests it be held Union Tower, Dallas, TX 75201. Author­ as a common carrier, by motor vehicle, at Chicago, HL ity sought to operate as a common car­ over irregular routes, transporting : Lum­ No. MC 116073 (Sub-No. 144), filed rier, by motor vehicle, over irregular ber, lumber products, lumber by­ November 9, 1970. Applicant: BARRETT routes, transporting: Meats, meat prod­ products, fuel wood, panels composition MOBILE HOME TRANSPORT, INC., ucts, and meat byproducts, from points board, cabinets and accessories used in 1825 Main Avenue, Post Office Box 919, in Texas to points in Louisiana, Missis­ the installation thereof, between points Moorhead, MN 56560. Applicant’s repre­ sippi, Alabama, Georgia, Florida, Ar­ in Mississippi, Tennessee, and Cairo, 111., sentative: Robert G. Tessar (same ad­ kansas, Tennessee, North Carolina, on the one hand, and, on the other, points dress as applicant). Authority sought to South Carolina, Virginia, and Kentucky. in the United States in and east of operate as a common carrier, by motor N ote: Applicant states that the re­ vehicle, over irregular routes, transport­ quested authority cannot be tacked with North Dakota, South Dakota, Nebraska, its existing authority. If a hearing is Kansas, Oklahoma, and Texas. N ote: ing: Frames and undercarriages, from Applicant states that the requested au­ points in Brown County, Minn., to points deemed necessary, applicant requests it thority can be tacked with its existing in the United States (except Hawaii). be held at Fort Worth, Tex. authority at Mississippi or Tennessee Note: Applicant states that the requested No. MC 118263 (Sub-No. 38), filed but applicant has no present intention authority cannot be tacked with its ex­ November 12, 1970. Applicant: COLD­ isting authority. If a hearing is deemed WAY CARRIERS, INC., Post Office Box to tack. If a hearing is deemed necessary, 38, Clarksville, IN 47131. Applicant’s applicant requests it be held at Mem­ necessary, applicant requests it be held phis, Term. at Minneapolis, Minn. representative: Paul M. Daniell, 1600 No. MC 115162 (Sub-No. 211), filed No. MC 116763 (Sub-No. 180), filed No­ First Federal Building, Atlanta, GA vember 3, 1970. Applicant: CARL SUB- 30303. Authority sought to operate as a November 9, 1970. Applicant: POOLE common carrier, by motor vehicle, over TRUCK LINE, INC., Post Office Box 500, LER TRUCKING, INC., 115 North West Street, Versailles, OH 45380. Applicant’s irregular routes, transporting: Food­ Evergreen, AL 36401. Applicant’s repre­ representative: H. M. Richters (same ad­ stuffs, in vehicles equipped with mechan­ sentative: Robert E. Tate, Post Office dress as above). Authority sought to op­ ical refrigeration (excluding commod­ Box 500, Evergreen, AL 36401. Authority erate as a pommon carrier, by motor ve­ ities in bulk, in tank vehicles), from the

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18435 plantsite and warehouse facilities of authority. If a hearing is deemed neces­ requested authority cannot be tacked Hanscom Bros., Inc., Division of Stouifer sary, applicant requests it be held at with its existing authority. Common con­ Foods Corp., located at King of Prussia Chicago, HI., or Washington, D.C. trol may be involved. If a. hearing is and Philadelphia, Pa., to points in Ohio, No. MC 123294 (Sub-No. 20) (correc­ deemed necessary, applicant requests it Indiana, Kentucky, Missouri, and Illinois tion) , filed October 1, 1970, published in be held at Columbus, Ohio. (excluding the Chicago commercial the F ederal R egister issues of October No. MC 125254 (Sub-No. 8), filed No­ zone), restricted to traffic originating at 29, 1970, and November 5, 1970, cor­ vember 10, 1970. Applicant: DONALD L. the plantsites and warehouse facilities of rected and republished as corrected, this MORGAN, doing business as MORGAN Hanscom Bros., Inc., Division of Stouffer issue. Applicant: WARSAW -TRUCK­ TRUCKING CO., Post Office Box 714, Foods Corp., at King of Prussia and ING CO., INC., 1102 West Winona Ave­ Muscatine, IA 52761. Applicant’s repre­ Philadelphia, Pa., and destined to the nue, Post Office Box 784, Warsaw, IN. sentative: William L. Fairbank, 900 destination points above. N ote: Appli­ Applicant’s representative: Martin J. Hubbell Building, Des Moines, IA 50309. cant states that the requested authority Leavitt, 1800 Buhl Building, Detroit, MI Authority sought to operate as a common cannot be tacked with its existing au­ 48226. Authority sought to operate as carrier, by motor vehicle, over irregular thority. If a hearing is deemed neces­ a common carrier, by motor vehicle, over routes, transporting: (1) Malt beverages sary, applicant requests it be held at irregular routes, transporting: (1) Paper from Omaha, Nebr., to Davenport, Iowa; Cleveland, Ohio. mill products, from points in Miami, and (2) empty malt beverage containers, No. MC 119632 (Sutr-No. 41), filed Champaign, Montgomery, Warren, But­ from Davenport, Iowa, to Omaha, Nebr., November 2, 1970. Applicant: REED ler, and Hamilton Counties, Ohio, to on return. N ote: Applicant states that LINES, INC., 634 Ralston Avenue, Defi­ Racine, Milwaukee, and Beloit, Wis.; St. the requested authority cannot be tacked ance, OH 43512. Applicant’s representa­ Louis, Mo.; points in Michigan on and with its existing authority. If a hearing tive: John P. McMahon, 100 East Broad south of Michigan Highway 21; that part is deemed necessary, applicant requests Street, Columbus, OH 43215. Authority of Illinois on and north of U.S. High­ it be held at Des Moines, Iowa, or Omaha, sought to operate as a common carrier, way 40; and that part of Indiana on Nebr. by motor vehicle, over irregular routes, and north of U.S. Highway 40; and (2) No. MC 126102 (Sub-No. 6) (amend­ transporting: Fertilizer, fertilizer mate­ materials and supplies used in the manu­ ment), filed March 30, 1970, published rial, fertilizer ingredients, fungicides, facture of paper mill products, from Mil­ in the F ederal R egister issue of May 21, herbicides and insecticides (except com­ waukee, Racine, and Beloit, Wis.; St. 1970, and republished as amended, this modities in bulk) between Orrville, Ohio, Louis, Mo.; points in Michigan on and issue. Applicant: ANDERSON MOTOR on the one hand, and, on the other, south of Michigan Highway 21; that part LINES, INC., 37 Woodruff Road, Walpole, points in New York, Pennsylvania, and of Illinois on and north of U.S. High­ MA 02181. Applicant’s representative: West Virginia. N ote: Applicant states way 40; and that part of Indiana on and Sanford A. Kowal, 73 Tremont Street, that the requested authority cannot be north of U.S. Highway 40 to points in Boston, MA 02109. Authority sought to tacked with its existing authority. If a Miami, Champaign, Montgomery, War­ operate as a contract carrier, by motor hearing is deemed necessary, applicant ren, Butler, and Hamilton Counties, vehicle, over irregular routes, transport­ ing: Such commodities as are sold in requests it be held at Columbus, Ohio. Ohio. N ote: Applicant states that the No. MC 123048 (Sub-No. 183), filed requested authority cannot be tacked retail stores by manufacturers of electri­ November 12, 1970. Applicant: DIA­ with its existing authority. The purpose cal appliances, including equipment and MOND TRANSPORTATION SYSTEM, of this republication is to include por­ parts thereof, and other appurtanences INC., 1919 Hamilton Avenue, Racine, WI tions of the authority that were inad­ used in connection therewith, between 53401. Applicant’s representative: Paul vertently omitted from previous publi­ warehouses of Allied Radio Shack, a divi­ C. Gartzke, 121 West Doty Street, Madi­ cations, namely, Butler and Hamilton sion of Tandy Corp., and retail stores son, WI 53703 and Paul L. Martinson Counties, Ohio in (1) and (2). If a of Allied Radio Shack, a division of (same address as applicant). Authority hearing is deemed necessary, applicant Tandy Corp., located in the following sought to operate as a common carrier, requests it be held in Washington, D.C. States: - Alabama, Arizona, Arkansas, by motor vehicle, over irregular routes, No. MC 123821 (Sub-No. 11), filed California, Colorado, Delaware, Florida, transporting: (1) (a) Tractors (except November 2,1970. Applicant: LESTER R. Georgia, Idaho, Illinois, Indiana, Iowa, those with vehicle beds, bed frames, and Kansas, Kentucky, Louisiana, Maryland, SUMMERS, INC., Post Office Box 239, Massachusetts, Michigan, Minnesota, fifth wheels), (b) equipment designed for Rural Delivery No. 1, Ephnata, PA 17522. use in conjunction with .tractors, (c) Applicant’s representative: John M. Mississippi, Missouri, Montana, Nebras­ agricultural, industrial and construction Musselman, Post Office Box 1146, 400 ka, Nevada, New Jersey, New Mexico, machinery and equipment, (d) tractors New York, North Carolina, North Da­ North Third Street, Harrisburg, PA kota, Ohio, Oklahoma, Oregon, Pennsyl­ designed for the transportation of the 17108. Authority sought to operate as a above-described commodities (except common carrier, by motor vehicle, over vania, South Carolina, South Dakota, those designed to be drawn by passenger Tennessee, Texas, Utah, Virginia, Wash­ irregular routes, transporting: Purified ington, West Virginia, Wisconsin, Wyo­ automobiles), (e) attachments for the springwater, in containers, from Ephrata, above-described commodities, (f) inter­ ming, and the District of Columbia, Pa., to Laurel, Md. Note: Applicant under contract with Radio Shack, a divi­ nal combustion engines, and (g) parts of states that the requested authority can­ the above-described commodities when sion of Tandy Corp. The purpose of this not be tacked with its existing authority. republication is to clarify the authority moving in mixed loads with such com­ If a hearing is deemed necessary, appli­ modities, from the plants, warehouse sought as set forth. N ote: If a hearing cant requests it be held at Harrisburg, is deemed necessary, applicant requests sites, and experimental farms of Deere & Pa., or Washington, D.C. Co. in Rock Island County, 111., to No; MC 124078 (Sub-No. 463), filed it be held at Washington, D.C., or Boston, points in Indiana, Kentucky, Michigan November 6, 1970. Applicant: SCHWER- AlldnSS (Lower Peninsula), Ohio, and West Vir­ No. MC 126537 (Sub-No. 23), filed ginia; and (2) Returned, or rejected MAN TRUCKING CO., a corporation, November 2, 1970. Applicant: KENT I. 611 South 28 Street, Milwaukee, WI TURNER, KENNETH E. TURNER & shipments, from the destination States 53215. Applicant’s representative: Rich­ named above to the named plants, ware­ ERVIN L. TURNER, a partnership, doing house sites and experimental farms in ard H. Prevette (same address as appli­ business as TURNER EXPEDITING Rock Island County, 111. Restriction: The cant). Authority sought to operate as a SERVICE, Post Office Box 21333, Standi- authority in (1) above is restricted to common carrier, by motor vehicle, over ford Station, Louisville, KY 40221. Appli­ traffic originating at the plants, ware­ irregular routes, transporting: Fire re­ cant’s representative: George M. Catlett, house sites and experimental farms of tardant compound, from Spencerville, 703-706 McClure Building, Frankfort, Deere & Co., and the authority in (2) Ohio, to points in Illinois, Indiana, Ken­ KY 40601. Authority sought to operate tucky, Maryland, Massachusetts, Michi­ above is restricted to traffic destined to gan, Minnesota, Missouri, New York, as a common carrier, by motor vehicle, such facilities of Deere & Co. N ote: Ap­ Pennsylvania, Rhode Island, South over irregular routes, transporting: plicant states that the requested author­ Dakota, Tennessee. Virginia, and Wis­ General commodities (except those of ity cannot be tacked with its existing consin. Note: Applicant states that the unusual value, classes A and B explosives,

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 No. 23- 10 18436 NOTICES household goods as defined by the Com­ continuing contract with Kansas Beef EAGLE TRUCK LINES, INC, Post Of­ mission, commodities in bulk, and those Industries, Inc., and its subsidiaries and fice Box 446-Box 183, Highland Park, requiring special equipment); (1) be­ affiliates. Note: If a hearing is deemed IL 60035. Applicant’s representative: tween Tri-Cities Airport, Sullivan necessary, applicant requests it be held Stephen L. Jennings, 111 West Jackson County, Tenn., McGhee-Tyson Airport, at Kansas City, Mo. Boulevard, Chicago, IL 60604. Authority Knoxville, Tenn., and Douglas Municipal No. MC 127580 (Sub-No. 4), filed sought to operate as a contract carrier, Airport, Charlotte, N.C., on the one hand, November 6, 1970. Applicant: H. P. by motor vehicle, over irregular routes, and, on the other, points in Grayson, HALE, Post Office Box 177, Roswell, NM transporting: Firefighting equipment Carroll, Pulaski, Giles, Bland, Tazewell, 88201. Applicant’s representative: Edwin and parts, and equipment materials and Mercer, McDowell, Buchanan, Dicken­ E. Piper, Jr., 715 Simms Building, supplies used in the manufacture, in­ son, Wise and Scott Counties, Va., (2) Albuquerque, NM 87101. Authority sought stallation, and repair thereof, (1) be­ between Tri-Cities Airport, Sullivan to operate as a contract carrier, by motor tween Northbrook, HI, on the one hand, County, Tenn., and Atlanta Municipal vehicle, over irregular routes, transport­ and, on the other, Fort Lauderdale, Fla„ Airport, Hapeville, Ga., (3) between ing: Particle hoard, (1) from Flagstaff, and Miami, Fla, and (2) between At­ O’Hare Field, Chicago, HI., on the one Ariz, to Roswell, N. Mex, and (2) from lanta, Ga, on the one hand, and, on the hand, and, on the other, points in the Flagstaff, Ariz., and Roswell, N. Mex., to other, Fort Lauderdale, Fla, and Miami, Chicago, HI., commercial zone, (4) be­ points in that part of Oklahoma on and Fla, all under contract with General Fire tween London-Corbin Airport, Laurel west of a line beginning at the Okla- Extinguisher Corp. N ote: I f a hearing County, Ky., on the one hand, and, on homa-Kansas State line and extending is deemed necessary, applicant requests the other, points in Rockcastle, Jackson, south along U.S. Highway 69 to Durant, it be held at Chicago, HI. Clay, Madison, Knox, Pulaski, Whitley, Okla., thence along U.S. Highway 75 to No. MC 128771 (Sub-No. 2), filed and Bell Counties, Ky., (5) between the Oklahoma-Texas State line, and November 9,-1970. Applicant: MOTLEY London-Corbin Airport, Laurel County, points in that part of Texas on, west, TRANSFER, INC:, 205 North Green Ky., and McGhee-Tyson Airport, Knox­ and north of a line beginning at the Street, Glasgow, KY 42141. Applicant’s ville, Tenn., and (6) between McGhee- Texas-Oklahoma State line and extend­ representative: Robert H. Kinker, Box Tyson Airport, Knoxville, Tenn., on the ing south along U.S. Highway 75 464, Frankfort, KY 40601. Authority one hand, and, on the other, points in to Dallas, Tex., thence southward sought to operate as a comfnon carrier, Knox and Laurel Counties, Ky. Re­ along U.S. Highway 77 to junction by motor vehicle, over irregular routes, stricted in paragraphs (1), (2), (4), (5), U.S. Highway 81 at or near Hillsboro, transporting: General commodities, ex­ and (6) next above to trafile having a Tex., thence southward along U.S. High­ cept those of unusual value, classes A and prior or subsequent movement by air way 81 (also Interstate Highway 35) to B explosives, household goods as defined N ote: Applicant states it intends, to San Antonio, Tex., thence westward by the Commission, commodities in bulk, tack the requested authority with its along UB. 'Highway 90 to Van Horn, and those requiring special equipment, existing authority, but does not identify Tex, thence west-northwestward along between Glasgow, K y, on the one hand, the points or territories which can be U.S. Highway 80 to the Texas-New and, on the other, points in Taylor, served through tacking. Persons in­ Mexico State line at El Paso, Tex, in­ Green, and Edmondson Counties, Ky., terested in the tacking possibilities are cluding El Paso, Tex, with the operations restricted to the transportation of traffic cautioned that failure to oppose the ap­ authorized to be performed under a con­ having an immediate prior or immediate plication may result in an unrestricted tinuing contract or contracts with subsequent movement by rail. Note: Ap­ grant of authority. Applicant presently Dodson Wholesale Lumber Co. of Ros­ plicant states that the requested author­ holds contract carrier authority under well, N. Mex. N ote: If a hearing is ity cannot be tacked with its existing its Docket No. MC 129652, therefore dual deemed necessary, applicant requests it authority. If a hearing is deemed neces­ operations may be involved. If a hearing be held at Albuquerque, N. Mex. sary, applicant requests it be held at is deemed necessary, applicant requests No. MC 127834 (Sub-No. 57) (Amend­ Louisville, Ky. it be held at Louisville or Lexington, Ky. ment), filed September 28, 1970, pub­ NO; MC 128772 (Sub-No. 5), filed No. MC 126844 (Sub-No. 7), filed lished in the F ederal R egister issue November 2, 1970. Applicant: STAR November 9, 1970. Applicant: R. D. S, October 22, 1970 and republished as BULK TRANSPORT, INC, 821 North TRUCKING CO., INC., 583 North Main amended this issue. Applicant: CHERO­ Front Street, New Ulm, MN 56073. Ap­ Road, Vineland, NJ 08360. Applicant’s KEE HAULING & RIGGING, INC, plicant’s representative: Charles E. Nie- representative: Jacob P. Billig, 1108 16th 540-42 Merritt Avenue, Nashville, TN man, 1160 Northwestern Bank Building, Street NW„ Washington, DC 20036, Au­ 37203. Applicant’s representative: Rob­ Minneapolis, MN 55402. Authority sought thority sought to operate as a common ert M. Pearce, Post Office Box E, Bowling to operate as a contract carrier, by motor carrier, by motor vehicle, over irregular Green, KY 42101. Authority sought vehicle, over irregular routes, transport­ routes, transporting: Foodstuffs, except to operate as a common carrier, by ing: (1) Dairy products, from Alma, Wis, frozen, from points in Cumberland motor vehicle, over irregular routes, and Clarkfield, New Ulm, Owatonna, and County, N.J., to points in Arkansas, transporting: (A) Water heaters, water Rochester, Minn, to Jersey City, and Texas, Oklahoma, Minnesota, and Wis­ heater accessories, (a) from Kankakee, Secaucus, N.J, Salem, Ohio, Grand consin. N ote: Applicant states that the HI, to points in Maryland and Delaware, Rapids, Mich, and Monroe, Green Bay, requested authority cannot be tacked and (b) from Erie, Pa, to points in the and Plymouth, Wis, and (2) dairy with its existing authority. If a hearing United States (except Alaska and Ha­ equipment, dairy supplies, and dairy ma­ is deemed necessary, applicant requests waii), (B) materials and supplies used terials, from'Jersey City, and Secaucus, it be held at Washington, D.C. in the manufacture of water heaters N.J, Salem, Ohio, Grand Rapids, Mich, No. MC 127304 (Sub-No. 6), filed (except commodities in bulk) from and Monroe, Green Bay, and Plymouth, November 9, 1970. Applicant: CLEAR points in the United States (except Wis, to Clarkfield, New Ulm, Owatonna, WATER TRUCK COMPANY, INC., 9101 Alaska and Hawaii), to Erie, Pa. N ote: and Rochester, Minn, and Alma, Wis, Northwest Street, Valley Center, KS Applicant states that the requested au­ under contract with Associated Milk Pro­ 67147. Applicant’s representative: Duane thority cannot be tacked with its exist­ ducers, Inc. N ote : If a hearing is deemed W. Acklie, 521 South 14th Street, Post ing authority. The purpose of this re­ necessary, applicant requests it be held at Office Box 80806, Lincoln, NE 68501. Au­ publication is to delete the destination Minneapolis or St. Paul, Minn. thority sought to operate as a contract States of Maine, Vermont, New Hamp­ No. MC 128879 (Sub-No. 13), filed No­ carrier, by motor vehicle, over irregular shire, Rhode Island, Connecticut, and vember 9, 1970. Applicant: C-B TRUCK routes, transporting: Meats, packing­ Massachusetts, as previously published LINES, INC, 1034 Humble Place (for house products, and commodities used by in (A) (a) and reflect in lieu therefor mail, Post Office Box 26276), El Paso, TX 79915. Applicant’s representative: packinghouses, between Wichita, Kans., Maryland and Delaware. If a hearing is deemed necessary, applicant requests Jerry R. Murphy, 709 LaVeta NE, Al­ on the one hand, and, on the other, points buquerque, NM 87108. Authority sought in Virginia, North Carolina, South Caro­ it be held at Nashville, Tenn. to operate as a common carrier, by mo­ lina, Tennessee, Kentucky, West Virginia, No. MC 128381 (Sub-No. 3), filed tor vehicle, over irregular routes, trans­ Georgia, Florida, and Alabama under November 4, 1970. Applicant: BLUE porting: Animal feeds and feedstuffs,

FEDERAL REGISTER* VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18437 dry, except edible and nonedible meats, Meats, meat products, and meat by­ the points authorized. Said operations in bulk and in bags, from and to all products and articles distributed by meat are restricted to the performance of points embraced in the area described as packinghouses as described in sections A pickup and delivery service in connection follows: Lubbock, Tex., commercial zone; and C of appendix I to the report in with packing, crating, and containeri­ points in Texas on or west of Interstate Descriptions in Motor Carrier Certifi­ zation; or unpacking, uncrating, and de- Highway 10 between Port Hancock, Tex., cates, 61 M.C.C. 209 and 766 (except containerization of such traffic. N ote: If and the Texas-New Mexico State line; hides and commodities in bulk), from a hearing is deemed necessary, applicant points in New Mexico on or south of In­ the plantsite and/or cold storage facil­ requests it be held at Pensacola or Jack­ terstate Highway 10; points in Arizona ities utilized by Wilson-Sinclair Co., at sonville, Fla., or Washington, D.C. on or south of U.S. Highway 70, includ­ Cedar Rapids, Iowa, to points in Con­ No. MC 133192 (Sub-No. 3), filed ing Phoenix, Ariz., commercial zone; necticut, Delaware, District of Columbia, November 12, 1970. Applicant: LARRY points in Colorado on or south of U.S. Maine, Maryland, Massachusetts, New TREBINO CONSTRUCTION COM­ Highway 40 between the Kansas-Colo- Hampshire, New Jersey, New York, PANY, INC., 5 Cypress Drive, Burling­ rado State line and Denver, Colo., and Pennsylvania, Rhode Island, and Ver­ ton, MA 01803. Applicant’s representa­ on or south of U.S. Highway 6 between mont. Restricted to the transportation tive: Arthur A. Wentzell, Post Office Box Denver and the Utah-Colorado State of traffic originating at the above speci­ 764, Worcester, MA 01613. Authority line, including the Denver commercial fied plantsite and/or cold storage facil­ sought to operate as a contract carrier, zone. Note : Applicant states that the re­ ities and destined to the above specified by motor vehicle, over irregular routes, quested authority can be tacked with its destinations. N ote: Applicant holds con­ transporting: (1) Concrete products, existing authority but indicates that it tract carrier authority in MC 119394, blocks, bricks, channel planks, lintels, has no present intention to tack and therefore dual operations may be in­ floor and roof beams, from plantsites and therefore does not identify the points or volved. If a hearing is deemed necessary, warehouse facilities of Plasticrete Corp., territories which can be served through applicant requests it be held at Chicago, at Hamden, Hartford, North Haven, and tacking. Persons interested in the tack­ 111. Danbury, Conn., to Acton, Medford, and ing possibilities are cautioned that fail­ No. MC 129645 (Sub-No. 29), filed No­ Springfield, Mass.; and from plantsites ure to oppose the application may result vember 2, 1970. Applicant: BASIL J. and warehouse facilities of Plasticrete in an unrestricted grant of authority. SMEESTER and JOSEPH G. SMEE- Corp., at Acton, Medford, and Spring- Applicant also states that no duplicating STER, a partnership, doing business as field, Mass., to points in Connecticut, authority is sought.' Common control SMEESTER BROTHERS TRUCKING, Maine, New Hampshire, Rhode Island, may be involved. If a hearing is deemed 1330 South Jackson Street, Iron Moun­ and Vermont; and (2) expanded shale, necessary, applicant requests it be held tain, MI 49801. Applicant’s representa­ in bulk, from plantsites of Masslite Co., Q t n ; | P q C A * I ' A V tive: Louis J. Amato, Post Office Box E,' Plainville, Mass., to points in Connecti­ No. MC 128944 (Sub-No. 8), filed Oc­ Bowling Green, KY 42101. Authority cut, Maine, New Hampshire, Rhode Is­ tober 26, 1970. Applicant: RELIABLE sought to operate as a common carrier, land, and Vermont, under bilateral con­ TRUCK LINES, INC., 402 Maplewood by motor vehicle, over irregular routes, tracts with (1) Plasticrete Corp., and Avenue, Nashville, TN 37210. Applicant’s •transporting: Gypsum products, compo­ (2) Masslite Co., a division of Be vis In­ representative: Clarence Evans, 1800 sition roofing products, and materials, dustries, Inc. N ote; If a hearing is Third National Bank Building, Nash­ composition boards, urethane and deemed necessary, applicant requests it ville, TN 37219. Authority sought to op­ urethane products, insulating materials, be held at Boston, Mass. erate as a common carrier, by motor ve­ and related materials and accessories No. MC 133566 (Sub-No. 7), filed No­ hicle, over regular routes, transporting: used in the installation of said products vember 9, 1970. Applicant: ROBERT General commodities (except those of (except commodities in bulk); (1) from GANGLOFF and ROBERT DOWNHAM, unusual value, household goods as de­ the plantsite and/or warehouse facilities a partnership, doing business as GANG­ fined by the Commission, commodities of the Celotex Corp., located in Chicago LOFF & DOWNHAM, Post Office Box in bulk, dangerous explosives and com­ and Matteson, HI., to points in Wiscon­ 676, Logansport, IN 46947. Applicant’s modities requiring special equipment), sin and the Upper Peninsula of Michi­ representative: Jack H. Blanshan, 29 between Memphis, Tenn., and that part gan, and (2) from the plantsite and/or South La Salle Street, Chicago, IL of its commercial zone within Tennes­ warehouse facilities of the Celotex Corp., 60603. Authority sought to operate as a see, and Birmingham, Ala., from Mem­ at or near Dubuque, Iowa, to points in common carrier, by motor vehicle, over phis over Interstate Highway 40 to in­ Illinois, Indiana, Kentucky, Ohio, Ten­ irregular routes, transporting: Meats, tersection U.S. Highway 64, thence over nessee, and Wisconsin. N ote: Applicant meat products, meat byproducts and ar­ U.S. Highway 64 to Savannah, Tenn., states that the requested authority can­ ticles distributed by meat packinghouses, thence over Tennessee Highway 69 to not be tacked with its existing authority. as described in sections A and C of ap­ the Tennessee-Alabama State line, Applicant also holds contract temporary pendix I to the report in Descriptions in thence over Alabama Highway 20 to authority under Docket No. MC 127093 Motor Carrier Certificates, 61 M.C.C. 209 Florence, Ala.,-thence over U.S. Highway Sub-No. 11. If a hearing is deemed nec­ and/or 766 (except hides and commodi­ 43 to junction alternate of U.S. Highway essary, applicant requests it be held at ties in bulk), from the plantsite and/or 72, thence over Alternate U.S. Highway Nashville, Tenn., or Louisville, Ky. cold storage facilities utilized by Wilson 12, to junction Alabama Highway 157, No. MC 129905 (Sub-No. 3), filed Sinclair Co., at Logansport, Ind., to thence over Alabama Highway 157 to November 6, 1970. Applicant: ALL points in Connecticut, Delaware, Maine, junction Interstate Highway 65 north STATES MOVING AND STORAGE CO., Massachusetts, New Hampshire, Rhode of Cullman, thence over Interstate High­ INC., 2800 Navy Boulevard, Pensacola, Island, Vermont, and the District of Co­ way 65 to Birmingham and return over FL 32505. Applicant’s representative: Sol lumbia, restricted to traffic originating the same route; with closed doors be­ H. Proctor, 2501 Gulf Life Tower, Jack­ at the above named origin and destined tween Memphis and Birmingham. N ote: sonville, FL 32207. Authority sought to to the above named destinations. N ote: Applicant also seeks an alternate route operate as a common carrier, by motor Applicant states that the requested au­ over U.S. Highway 78 for operating con­ vehicle, over irregular routes, transport­ thority cannot be tacked with its exist­ venience only between Birmingham, ing: Used household goods, as defined by ing authority. If a hearing is deemed nec­ Ala., and Memphis, Tenn. If a hearing is the Commission and unaccompanied essary, applicant requests it be held at deemed necessary, applicant requests it baggage and personal effects, between Chicago, 111., or Indianapolis, Ind. oe held at Memphis, Tenn. points in Bay, Escambia, Okaloosa, Santa No. MC 133655 (Sub-No. 41) (Correc­ No. MC 129307 (Sub-No. 42), filed No- Rosa, Walton, and Washington Counties, tion) , filed October 28, 1970, published in y^ker 2, 1970. Applicant: McKEE Fla., and Baldwin, Covington, Escambia, the F ederal R egister issue of November LINES, INC., 664 54th Avenue, Matta- Geneva, and Mobile Counties, Ala. Re­ 19, 1970, and republished, as corrected, 2®?; ^ 49071. Applicant’s representa- striction: Said operations are restricted this issue. Applicant: TRANS-NA­ e Leonard R. McKee (same address to the transportation of traffic having a TIONAL TRUCK, INC., Post Office Box above). Authority sought to operate prior or subsequent movement in con­ 4168, Amarillo, TX 79105. Applicant’s as a common carrier, by motor vehicle, tainers (except as to unaccompanied representative: Charles W. Singer, 33 or irregular routes, transporting: baggage and personal effects) beyond North Dearborn Street, Chicago, IL

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18438 NOTICES

60602. Authority sought to operate as a hearing is deemed necessary, applicant Minnesota line along U.S. Highway 16 common carrier, by motor vehicle, over requests it be held at San Francisco, to its junction with U.S. Highway 69, irregular routes, transporting: Meats, Calif. thence along U S. Highway 69 to thé meat products, meat "byproducts, and ar­ No. MC 134823 (Sub-No. 2), filed Minnesota-Iowa line; that part of Iowa ticles distributed by meat packinghouses, November 12,1970. Applicant: GEORGE on, south and east of UJ3. Highways 69 from Lubbock and Dallas, Tex., to points BRUCE BROWN, 20 Willowmount Drive, and 18, and Iowa Highway 60 : From the in Ohio, Arizona, California, and Nevada. Scarborough, ON Canada. Applicant’s Minnesota-Iowa line along U.S. Highway Note: Applicant states that the re­ representative: William J. Hirsch, 43 69 to its junction with U.S. Highway 18, quested authority cannot be tacked with Niagara Street, Buffalo, NY 14202. Au­ thence along U.S. Highway 18 to its junc­ its existing authority. Common control thority sought to operate as a contract tion with Iowa Highway 60, thence along may be involved. The purpose of this carrier, by motor vehicle, over irregular Iowa Highway 60 to the Iowa-Nebraska republication is to redescribe the com­ routes, transporting: Brick, from ports line; that part of Nebraska on, south, and modity description as set forth in the ap­ of entry on the international boundary east of U.S. Highways 20 and 81: From plication. If a hearing is deemed neces­ line between the United States and Can­ the Iowa-Nebraska line along U.S. High­ sary, applicant requests it be held at (1) ada located on the Niagara River, to way 20 to its junction with U.S. Highway Amarillo, Tex.; (2) Dallas, Tex.; or (3) points in New York, and returned ship­ 81, thence along U.S. Highway 81 to the Washington, D.C. ments on return, under continuing con­ Nebraska-Kansas line; that part of No. MC 134082 (Sub-No. 4), filed tract with Toronto Brick Co., division Kansas on, south and east of U.S. High­ November 12, 1970. Applicant: K. H. of United Ceramics, Ltd.' Note: If a ways 81,36, and 77 : TRANSPORT, INC., 3330 Rosemary hearing is deemed necessary, applicant From the Iowa-Kansas line along U.S. Lane, Ellicott City, MD 21043. Appli­ requests it be held at Buffalo, N.Y. Highway 81 to its junction with U.S. cant’s representative: Chester A. Zyblut, No. MC 134945 (Sub-No. 1), filed Highway 36, thence along U.S. Highway 1522 K Street NW., Suite 634, Washing­ November 2,1970. Applicant: WESTERN 36 to its junction with U.S. Highway 77, ton, DC 20005. Authority sought to oper­ TRANSFER & STORAGE, INC., 1140 thence along U.S. Highway 77 to the ate as a common carrier, by motor ve­ Longpoint Street, Dallas, TX 75247. Ap­ Kansas-Oklahoma line; that part of hicle, over irregular routes, transporting: plicant’s representative: Warren A. Goff, Oklahoma east and north of U5. High­ Foodstuffs, in vehicles, equipped with 2111 Sterick Building, Memphis, TN ways 77, 60, 75, and 270: From the Kan­ mechanical refrigeration, from the 38103. Authority sought to operate as sas-Oklahoma line along U.S. Highway plants, warehouses, and storage facilities a contract carrier, by motor vehicle, over 77 to its junction with U.S. Highway 60, of Kitchens of Sara Lee, located at Chi­ irregular routes, transporting: Copy du­ thence along U.S. Highway 60 to its junc­ cago and Deerfield, 111., to points in plicating, or reproducing machines, , and tion with U.S. Highway 75, thence along Pennsylvania, New Jersey, New York, attachments therefor, uncrated between U.S. Highway 75 to its junction with US. Connecticut, Massachusetts, Delaware, Memphis, Term., on the one hand, and, Highway 270, thence along U.S. Highway Maryland, Virginia, and the District of on the other, points in Crittenden, Cross, 270 to the Oklahoma-Arkansas line; that Columbia. Restriction: Restricted to Poinsett, Mississippi, St. Francis, Wood­ part of Arkansas on and north of US. traffic originating at the plants, ware­ ruff, Lee, Monroe, Phillips, Randolph, Highways 270, 65, and 82: From the houses and storage facilities of Kitchens Sharp, Lawrence, Craighead, Green, and Oklahoma-Arkânsas line along US. of Sara Lee at Chicago and Deerfield, HI., Clay Counties, Ark.; Coahoma, Quitman, Highway 270 to its junction with US. and destined to the above-named desti­ Panola, Lafayette, Pontotoc, Lee, Ita­ Highway 65, thence along US. Highway nation States. Note: Applicant states wamba, Tunica, Tate, Marshall, De Soto, 65 to its junction with U.S. Highway 82, that the requested authority cannot be Benton, Tippah, Alcorn, Prentiss, Tisho­ thence along U.S. Highway 82 to the tacked with its existing authority. If a mingo, Union, Tallahatchie, Yalobusha, Arkansas-Mississippi line; that part of hearing is deemed necessary, applicant Grenada, Calhoun, and Chickasaw Mississippi on and north of U.S. Highway requests it be held at Chicago, HI. Counties, Miss.; Shelby, Fayette, Har­ 82: From the Arkansas-Mississippi line No. MC 134631 (Sub-No. 4), filed din, Decatur, Benton, Henry, Weakley, along US. Highway 82 to the Mississippi- November 12,1970. Applicant: SCHULTZ Obion, Lake, Dyer, Crockett, Lauderdale, Alabama line; that part of Alabama on, TRANSIT, INC., Post Office Box 503, Haywood, Tipton, Chester, McNairy, north and west of U.S. Highway 82 and Winona, MN 55987. Applicant’s repre­ Henderson, Madison, Carroll, Gibson, Interstate Highway 59: From the Mis­ sentative: Val M. Higgins, 1000 First Na­ and Hardeman Counties, Tenn., and sissippi-Alabama line along US. High­ tional Bank Building, Minneapolis, MN way 82 to its junction with Interstate 55402. Authority sought to operate as a Dunklin and Pemiscot, Mo., under a con­ Highway 59, thence along Interstate common carrier, by motor vehicle, over tract with Xerox Corp. Note: If a hear­ Highway 59 to the Alabama-Georgia irregular routes, transporting: Candy, ing is deemed necessary, applicant re­ line; that part of Georgia on and north­ from Winona, Minn., to Atlanta, Ga.; quests it be held at Dallas, or Fort west of Interstate Highway 59 : From the Boston, Mass.; Charlotte, N.C.; and Worth, Tex. Alabama-Georgia line along Interstate points in Illinois, Indiana, Kentucky, No. MC 135016, filed October 12, 1970. Highway 59 to the Georgia-Tennessee Michigan, New Jersey, New York, Ohio, Applicant: LYNN TOWING, INC., 1125 line; that part of Tennessee on, west and and Pennsylvania, under contract with Montgomery Street, St. Louis, MO north of US. Highway 11 and Interstate Schuler Chocolates, Inc. Note: Appli­ 63106. Applicant’s representative: R. W. Highway 75: From the Georgia-Tennes­ cant holds common carrier authority Burgess, 8514 Midland Boulevard, St. see line along U S. Highway 11 to the under MC 118202 and Subs thereunder, Lquis, MO 63114. Authority sought to junction of Interstate Highway 75, therefore, dual operations may be in­ operate as a common carrier, by motor thence along Interstate Highway 75 to volved. If a hearing is deemed necessary, vehicle, over irregular routes, transport­ the Tennessee-Kentucky line; that part applicant requests it be held at Minne­ ing: Wrecked or disabled vehicles and of Kentucky on and west of-Interstate apolis, Minn. replacements thereof, between St. Louis, Highway 75: From the Tennessee-Ken­ No. MC 134809 (Sub-No. 1), filed Mo., on the one hand, and, on the other, tucky line along Interstate Highway November 12, 1970. Applicant: LYELL points in Wisconsin bounded by that part of Wisconsin on and south of Wis­ 75 to the Kentucky-Ohio line; that HINTZ, doing business as HINTZ part of Ohio on and west of Inter­ TRUCKING, 1674 Grand Teton Drive, consin Highways 23 and 83 and Inter­ Milpitas, CA 95035. Applicant’s repre­ state Highway 90: From Sheboygan state Highway 75 and Ohio High­ sentative: Eldon M. Johnson, 140 Mont­ along Wisconsin Highway 23 to its junc­ way 109: From the Kentucky-Ohio line gomery Street, San Francisco, CA 94104. tion with Wisconsin Highway 82, thence along Interstate Highway 75 to its junc­ Authority sought to operate as a contract along Wisconsin Highway 82 to junc­ tion with Ohio Highway 109 at or near carrier, by motor vehicle, over irregular tion Interstate Highway 90, thence Lima, Ohio, thence along Ohio Highway routes, transporting: Such merchandise along Interstate Highway 90 to the Wisconsin-Minnesota line; that part 109 to the Ohio-Michigan line; that part as is dealt in by retail discount stores, on of Michigan on, west and south of U.S. a continuing contract with Ames Mer­ of Minnesota on and south of U.S. cantile Co., Inc., from Brisbane, Calif., to Highway 16 and on and east of Highway 127 and Interstate Highway 96. points in Clark County, Nev. Note: If a U S. Highway 69: From the Wisconsin- From the Ohio-Michigan line along U.S.

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18439

Highway 127 to its junction with Inter­ a contract carrier, by motor vehicle, over Columbia, SC 29201. Applicant’s repre­ state Highway 96, thence along Inter­ irregular routes, transporting: Malt sentative: Monty Schumacher, Suite 310, state Highway 96 to Muskegon, Mich., beverages and related advertising mate­ 2045 Peachtree Road NE., Atlanta, GA thence south, west, and north from Mus­ rials, from South Bend, Ind., to Freeport, 30309. Authority sought to operate as kegon, Mich., using the Lake Michigan Peru, and Rockford, HI., under contract a common carrier, by motor vehicle, over shore line as a boundary to the point of with Lassandro Distributing Co., Defay irregular routes, transporting: Used beginning at Sheboygan, Wis. Note: & Son Beverage Co., and Rutgens Dis­ household goods, as defined by the Com­ Applicant states it does not desire to con­ tributors, Inc. Note: If a hearing is mission and unaccompanied baggage and duct dual operations and will surrender deemed necessary, applicant requests it personal effects, between points in South its permit issued in MC 128756, if this be held at Chicago, HI. Carolina, North Carolina, and Rabun, application is granted. If a hearing is No. MC 135082, filed November 6, 1970. Habersham, Stephens, Franklin, Hart, deemed necessary, applicant requests it Applicant: BURSCH TRUCKING, INC., Elbert, Lincoln, Columbia, Richmond, be held at St. Louis, Mo. 415 Rankin Road, Albuquerque, NM Burke, Screven, Effingham, and Chat­ No. MC 135027 (Correction), filed Oc­ 87107. Applicant’s representative: Wayne ham Counties, Ga.; Polk, Monroe, tober 15, 1970, published in the F ederal C. Wolf, 820 Simms Building, Albuquer­ Blount, Sevier, Cocke, Greene, Unicot, Register issue of November 13,1970, and que, NM 87101. Authority sought to Carter, and Johnson Counties, Tenn.; republished as corrected, this issue. Ap­ operate as a common carrier, by motor and Norfolk, Nansemond, South Hamp­ plicant: OVERNIGHT EXPRESS, INC., vehicle, over irregular routes, transport­ ton, Greenville, Brunswick, Mechlen- Post Office Box 534, 4112 % Warrington ing: (1) Lumber, (a) between Albuquer­ burg, Halifax, Pittsylvania, Henley, Pat­ Road, Vicksburg, MS 39180. Applicant’s que, N. Mex., and Winslow, Ariz., on the rick, Carroll, Grayson, and Washington representative: John A. Crawford, 700 one hand, and, on the other, points in Counties, Va., restricted to the trans­ Petroleum Building, Post Office Box Arizona, Utah, Colorado, New Mexico, portation of traffic having a prior or 22567, Jackson, MS 39205. Authority and those in Texas, Oklahoma, and subsequent movement, in containers, ex­ sought to operate as a common carrier, Kansas on and west of U.S. Highway 77, cept as to the unaccompanied baggage by motor vehicle, over regular routes, and (b) between Albuquerque, N. Mex., and personal effects, beyond the points transporting: General commodities (ex­ on the one hand, and, on the other, authorized. Said operations are re­ cept those of unusual value), classes A points in that part of Kansas, Oklahoma, stricted to the performance of pickup and B explosives, livestock, household and Texas, east of U.S. Highway 77, (2) and delivery service in connection with goods as defined by the Commission, lumber and molding, (a) from points in packing, crating, and containerization commodities in bulk, commodities re­ New Mexico, to points in Arizona, Arkan­ or unpacking, uncrating and decontain­ quiring special equipment and those in­ sas, Colorado, Kansas, Missouri, Okla­ erization of such traffic. If a hearing jurious or contaminating to other lading, homa, Texas, and Utah, and (b) from is deemed necessary, applicant requests between' Memphis, Tenn., and Natchez, points in Las Animas, Rio Grande, it be held at Columbia, S.C. Miss.; from Memphis over U.S. Highway Conejos, Archuleta, La Plata, Costilla, No. MC 135089, filed October 10, 1970. 61, and return over the same route, serv­ and Montezuma Counties, Colo.; and Applicant: RASOR-WEST DISTRIB­ ing all intermediate points on U.S. High­ Navajo, and Coconino Counties, Ariz., to UTING CO., INC., 502 East Central, way 61 between Vicksburg, and Natchez, points in Arkansas, Kansas, Missouri, Miami, OK 74354. Applicant’s represent­ Miss., including Vicksburg and Natchez. New Mexico, Oklahoma, Texas, and ative: Dean Williamson, 600 Leininger Note : Common control may be involved. Utah, and (3) livestock feed, farm imple­ Building, Oklahoma City, OK 73112. The purpose of this replication is (1) ments, and supplies and equipment in­ 'Authority sought to operate as a com­ to designate U.S. Highway 61 in lieu of cidental to the raising of livestock, be­ mon carrier, by motor vehicle, over ir­ U.S. Highway 1, and (2) to include the tween points in New Mexico, on the one regular routes, transporting: New furni­ statement that common control may be hand, and, on the other, points in Texas, ture, from Miami, Okla., to points within involved which was inadvertently omit­ Oklahoma, Colorado, and Kansas. Note : the United States (except Alaska and ted in the previous publication. If a Filed simultaneously herewith is a peti­ Hawaii). Note: If a hearing is deemed hearing is deemed necessary applicant tion for consolidation, which seeks the necessary, applicant requests it be held requests it be held at Vicksburg or Jack- consolidation of existing contract carrier at Oklahoma City and Tulsa, Okla. son, Miss. application under MC 115524, Sub-14, No. MC 135092, filed November 9, 1970. No. MC 135062 (Sub-No. 1), filed No­ with instant application. If a hearing is Applicant: LEON F. WANGENSTEIN, vember 4, 1970. Applicant: MIKE MER- deemed necessary, applicant requests it doing business as LYNWAY EQUIP­ CURE TRUCKING, INC., Rural Delivery be held at Albuquerque or Santa Fe, MENT LEASING, 92 Main Street, Farm- No. 1, New Waterford, OH 44445. Appli­ N. Mex. ingdale, NJ 07727. Applicant’s represent­ cant’s representative: Arthur J. Diskin, No. MC 135083, filed November 9, 1970. ative: Morton E. Kiel, 140 Cedar Street, 806 Frick Building, Pittsburgh, PA 15219. Applicant: BRADBURY’S TRUCKING New York, NY 10006. Authority sought Authority sought to operate as a con­ CO., a corporation, 405 St. Marks Ave­ to operate as a contract carrier, by tract carrier, by motor vehicle, over ir­ nue, Westfield, NJ 07090. Applicant’s motor vehicle, over irregular routes, regular routes, transporting: (1) Clay, in representative: George A. Olsen, 69 transporting: (1) Men’s and boys’ outer­ dump vehicles, from Middleton Town­ Tonnele Avenue, Jersey City, NJ 07306. wear, from Corinth, Miss., Waycross, ship to points in Columbiana County, Authority sought to operate as a contract Comer, and Rutledge, Ga., and Dover, Ohio, to points in Beaver, Allegheny, and carrier, by motor vehicle, over irregular Pa., to Farmingdale, N.J.; and (2) Ma­ Westmoreland Counties, Pa.; and Weir- routes, transporting: Garden, patio, terials used in the manufacture of men’s ton, W. Va., under continuing contract household, automobile supplies, and mer­ and boys’ outerwear, from Farmingdale, With Metropolitan Industries, Inc., and chandising supplies, between the ware­ N.J., and New York, N.Y., to Corinth, (2) coal, in bulk in dump vehicles, from house and facilities of Atlantic Market­ Miss., Waycross, Comer, and Rutledge, Elkrun and Middleton Townships and ing Service, Inc., at Edison, N.J., on the Ga., Dover, . Pa., Farmingdale, and points in Columbiana County, Ohio, to one hand, and, on the other, points in points in Beaver County, Pa., under con­ Avenel, N.J. Restriction: Under contract New York, New Jersey, Connecticut, with United Pioneer Corp. Note: If a tinuing contract with Ferris Coal Co., Pennsylvania, Massachusetts, Maryland, hearing is deemed necessary, applicant Inc. Note: If a hearing is deemed neces- New Hampshire, Vermont, Maine, Ohio, requests it be held at New York, N.Y. sary applicant requests it be held at West Virginia, Virginia, Delaware, Rhode No. MC 135104, filed November 12, Washington, D.C., or Pittsburgh, Pa. Island, and the District of Columbia, 1970. Applicant: A. J. (ARCHIE) GOOD- No. Me 135067 (Sub-No. 1), filed under contract with Atlantic Marketing ALE LIMITED, a corporation 2559 November 9, 1970. Applicant: HANS L. Service, Inc., Edison, N.J. Note: If a SANDBERG, doing business as SAND- Barton Street E., Hamilton, ON Canada. hearing is deemed necessary, applicant Applicant’s representative: Robert D. Q TRUCKING COMPANY, 405 requests it be held at Washington, D.C., kouth McCoy, Granville, IL 61326. Ap­ or New York, N.Y. Gunderman, 1708 Statler Hilton, Dela­ plicant’s representative: Albert A. An-*. No. MC 135088, filed November 5,1970. ware Avenue, Buffalo, NY 14202. Author­ tt South La Salle Street, Chicago, Applicant: STREETER MOVING & ity sought to operate as a common car­ »0603. Authority sought to operate as STORAGE CO., INC., 1051 Market Road, rier, by motor vehicle, over irregular

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18440 NOTICES routes, transporting: Commodities which and Suffolk Counties, N.Y., and extend­ common carriers by water, motor, and because of size or weight require special ing to points in the United States (in­ rail common carrier in the transporta­ equipment; (1) between ports of entry cluding Alaska but excepting Hawaii). tion of general commodities, except on the international boundary line be­ N ote: Applicant states that the re­ household goods as defined by the Com­ tween the United States and Canada on quested authority cannot be tacked with mission, unaccompanied baggage and the Niagara River, on the one hand, and, its existing authority. If a hearing is used automobiles, between points in on the other, Buffalo, Niagara Falls and deemed necessary, applicant requests it California and Hawaii, restricted to Lewiston, N.Y., and (2) between ports of be held at New York, N.Y. shipments moving to or from territories or possessions of the United States, in­ entry on the international boundary line Applications in W hich H andling W ith­ between the United States and Canada on sofar as transportation takes place within out Oral H earing H as B een R e­ the United States. the Detroit and St. Clair Rivers, on the quested one hand, and, on the other, Detroit and Application for B rokerage License Port Huron, Mich. N ote: Applicant No. MC 113463 (Sub-No. 7), filed states the purpose of instant application November 2, 1970. Applicant: CON­ No. MC 130131, filed November 2,1970. is solely for interchange of equipment TRACT CARRIERS, INC., 830 Broad­ Applicant: BETTY BARAN, 82 North and interline of traffic. If a hearing is way NE., Albuquerque, NM 87102. Appli­ Fulton Court, Hazleton, PA. Applicant’s deemed necessary, applicant requests it cant’s representatives: Virgil L. Brown, representative: James S. Palermo, 700 be held at Buffalo, N.Y. Suite 724, Bank of New Mexico Build­ Northeastern Bank Building, Hazleton, ing, Fourth and Gold SW., Albuquerque, PA 18201. For a license (BMC-5) to en­ Motor Carrier of P assengers NM 87101, and Jerry R. Murphy, 708 gage in operations as a broker at Hazle­ No. MC 1515 (Sub-No. 159), filed No­ LaVeta NE., Albuquerque, NM 87108. Au­ ton, Pa., in arranging for the transporta­ vember 6, 1970. Applicant: GREY­ thority sought to operate as a contract tion in interstate or foreign commerce HOUND LINES, INC., 1400 West Third carrier, by motor vehicle, over irregular of passengers and their baggage, both as Street, Cleveland, OH 44113. Applicant’s routes, transporting: (1) Malt beverages individuals and in groups, in special and representative: L. C. Major, Jr., Suite from Golden, Colo., to Silver City, charter operations, beginning and end­ 301, Tavern Square, 421 King Street, N. Mex., and (2) empty malt beverage ing at points in Pennsylvania and ex­ Alexandria, VA 22314. Authority sought containers from Silver City, N. Mex., to tending to points in the United States. to operate as a common carrier, by motor Golden, Colo., under contract with Phil­ No. MC 130045 (Sub-No. 2), filed No­ vehicle, over irregular routes, transport­ lip F. Maloof and Co. vember 6, 1970. Applicant: WM. A. ing: Passengers and their baggage, in No. MC 128774 (Sub-No. 4), filed GROUX TOURS INC.,- 15 Maple Hill one-way and round trip special opera­ October 26, 1970. Applicant: RICE Road, Clifton, NJ 07013. Applicant’s rep­ tions, beginning at all points in the fol­ TRUCKING, INC., 151 St. James Street, resentative: L. C. Major, Jr., Suite 301, lowing named counties and places on Mansfield, PA 16933. Applicant’s repre­ Tavern Square, 421 King Street, Alexan­ Groundhound Lines, Inc.’s regular routes sentative: John D. Lewis, 19 Central dria, VA 22314. For a license (BMC 5), to as authorized in certificates of public Avenue, Wellsboro, PA 16901. Authority engage in operations as a broker at Clif­ convenience and necessity issued in sought to operate as a contract carrier, ton, N.J., in arranging for the transpor­ Docket No. MC 1515 and subs, and at by motor vehicle, over irregular routes, tation by motor vehicle, in interstate or all points in Alamance, Beaufort, Bertie, transporting: IronnndTsteel article, and foreign commerce, of passengers and Cabarrus, Camden, Caswell, Chowan, pipe (except iron and steel) and/or their baggage, both as individuals and in Cumberland, Currituck, Davidson, Dur­ accessories, connections, couplings, and groups, in all expense special and charter ham, Edgecombe, Franklin, Gates, fittings therefor, between the plantsite operations, beginning and ending at Greene, Guilford, Halifax, Harnett, of Armco Steel Corp., in Mansfield, points in New York, N.Y., points in Nas­ Hertford, Johnston, Lee, Lenoir, Martin, Tioga County, Pa., and points in Con­ sau, Suffolk, and Westchester Counties, Mecklenberg, Montgomery, Moore, Nash, necticut, Maine, Massachusetts, New N.Y., and points in Bergen, Hudson, New Hanover, Northampton, Onslow, Hampshire, Rhode Island, and Vermont, Union, Essex, Morris, and Passaic Coun­ Orange, Pasquotank, Pender, Perqui­ under contract with Armco Steel Corp. ties, N.J., and extending to Washington, mans, Pitt, Rowan, Stanly, Tyrrell, No. MC 134888 (Sub-No. 1), filed D.C. N ote: Applicant states it is re­ Wake, Warren, Washington, and Wilson November 2, 1970. Applicant: MOROSA stricted to all expense sightseeing and Counties, N.C.; Accomack, Chesterfield, BROS. TRANSPORTATION CO., a cor­ religious tours of overnight or longer Greensville, Isle of Wight, Nansemond, poration, 3831 Pierce Road, Bakersfield, duration, involving pilgrimages to the Northampton, Prince George, South­ CA 93308. Applicant’s representative: National Shrine of the Immaculate Con­ ampton, Surry, and Sussex Counties, Donald Murchinson, 9454 Wilshire Bou­ ception for participation is special pre­ Va.; Caroline, Dorchester, Kent, Quern levard, Suite 400, Beverly Hills, CA 90212. arranged religious services. Annes, Somerset, Talbot, Wicomico, and Authority sought to operate as a com­ By the Commission. Worcester Counties, Md.; Kent and Sus­ mon carrier, by motor vehicle, over ir­ sex Counties, and the cities of Chesa­ [seal] R obert L. Oswald, regular routes, transporting: Pozzolan, Secretary. peake, Colonial Heights, Danville, Em­ in bulk, between points in California, re­ poria, Franklin, Hopewell, Norfolk, stricted to traffic having an immediate [F.R. Doc. 70-16151; Filed, Dec. 2, 1970; Petersburg, Portsmouth, Richmond, Suf­ prior movement by railroad. N ote: Ap­ 8:45 a.m.] folk, and Virginia Beach, Va.; and ex­ plicant holds a pending contract carrier tending to all points in the United application under MC 134914. States, including Alaska, but excluding [Notice 201] Hawaii. N ote: If a hearing is deemed Application for F reight F orwarder MOTOR CARRIER TEMPORARY necessary, applicant requests it be held No. FF-269 (Sub-No. 2) (ALOHA AUTHORITY APPLICATIONS at . Washington, D.C., Charlotte, or CONSOLIDATORS AND FREIGHT Raleigh, N.C., or Richmond, Va. FORWARDERS EXTENSION—CALI­ N ovember 30, 1970. No. MC 115891 (Sub-No. 4), filed FORNIA) , filed November 1,1970. Appli­ The following are notices of filing of September 28, 1970. Applicant: INTER­ cant: ALOHA CONSOLIDATORS AND applications - for temporary authors COUNTY MOTOR COACH, INC., 243 FREIGHT FORWARDERS, 2350 Dom­ under section 210a (a) of the Interstate Deer Park Avenue, Babylon, NY 11702. inguez Street, Post Office Box 20039, Long Commerce Act provided for under the Applicant’s representative: William D. Beach, CA 90801. Applicant’s representa­ new rules of Ex Parte No. MC-67 (49 Traub, 10 East 40th Street, New York, tive: R. Y. Schureman, 1545 Wilshire CFR Part 1131), published in the Fed­ NY 10016. Authority sought to operate Boulevard, Los Angeles, CA 90017. Au­ eral R egister, issue of April 27, 1965, as a common carrier, by motor vehicle, thority sought under section 410, Part IV effective July 1,1965. These rules provide over irregular routes, transporting: Pas­ of the Interstate Commerce Act, for a that protests to the granting of an ap­ sengers and their baggage, in one-way permit to extend operation as a freight plication must be filed with th e neia and round trip special operations, be­ forwarder, in interstate or foreign Com­ official named in the F ederal Register ginning and ending at points in Nassau merce, through use of the facilities of publication, within 15 calendar day

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 NOTICES 18441 after the date of notice of the filing of the No. MC 124078 (Sub-No. 464 TA), Supervisor F. W. Doyle, Interstate Com­ application is published in the F ederal filed November 23, 1970. Applicant: merce Commission, Bureau of Opera­ register. One copy of such protests must SCHWERMAN TRUCKING CO., 611 tions, 1518 Walnut Street, Room 1600 be served on the applicant, or its au­ South 28th Street, Milwaukee, WI 53215. Philadelphia, PA 19102. thorized representative, if any, and the Applicant’s representative: Richard H. No. MC 135105 (Sub-No. 1 TA), protests must certify that such service Prevette (same address as above). Au­ filed November 23, 1970.’ Applicant: has been made. The protests must be thority sought to operate as a common BREWER’S LEASING, INC., 5718 specific as to the service which such carrier, by motor vehicle, over irregular Russell Street, Detroit, MI 48211. protestant can and will offer, and must routes, transporting: Dry fertilizer, in applicant’s representative: Wilhelmina consist of a signed original and six (6) tank vehicles, from Albany, Ga., to points Boersma, 1600 First Federal Building, copies. in Alabama and Florida, for 150 days. 1001 Woodward Avenue, Detroit, MI A copy of the application is on file, Supporting shipper: USS Agri-Chemicals 48226. Authority sought to operate as a and can be examined at the Office of the Division of United States Steel Corp., contract carrier, by motor vehicle, over Secretary, Interstate Commerce Com­ Post Office Box 1685, Atlanta, GA 30301 irregular routes, transporting: Malt mission, Washington, D.C., and also in (Bruce N. Maney). Send protests to: Dis­ beverages, and advertising, and sales pro­ field office to which protests are to be trict Supervisor Lyle D. Heifer, Inter­ motion materials when moving in the transmitted. state Commerce Commission, Bureau of same vehicle with malt beverages, from Operations, 135 West Wells Street, Room Newark, N.J., to Detroit, Mich., under a Motor Carriers of P roperty 807, Milwaukee, WI 53203. continuing contract with United Bever­ No. MC 116073 (Sub-No. 142 TA) No. MC 127030 (Sub-No. 4 TA), age Wholesalers, Inc., for 150 days. (Amendment), filed October 27, 1970, filed November 23, 1970. Applicant: Supporting shipper: United Beverage published Federal R egister issue of No­ MATTHEW J. DEPALMA, INC., 1700 Wholesalers, Inc. 5718 Russell Street, vember 4, 1970, and republished as cor­ Orthodox Street, Philadelphia, PA 19124. Detroit, MI 48211. Send protests to: rected this issue. Applicant: BARRETT Applicant’s representative: Leonard W. Melvin F. Kersch, District Super­ MOBILE HOME TRANSPORT, INC„ Becker (same address as above). Au­ visor, Interstate Commerce Commission, Post Office Box 919, 1825 Main Avenue, thority sought to operate as a common Bureau of Opeartions, 1110 Broderick Moorhead, MN 56560. Applicant’s repre­ carrier, by motor vehicle, over irregular Tower, 10 Witherell, Detroit, MI 48226. sentative: Robert G. Tessar, Post Office routes, transporting: Vermiculite ore, in Box 919, Moorhead, MN 56560.N ote: The bulk, in dump vehicles, from Newark, By the Commission. purpose of this republication is to include N.J., to Southampton, Pa., for 150 days. the destination State of Florida, which [seal] R obert L. Oswald, was inadvertently omitted from previous Supporting shipper: American Vermicu­ Secretary. publication, the rest of the notice re­ lite Corp., 527 Madison Avenue, New [F.R. Doc. 70-16222; Filed, Dec. 2, 1970; mains as previously published. York, NY 10022. Send protests to: District 8:49 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 234— THURSDAY, DECEMBER 3, 1970 18442 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— DECEMBER

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

1 CFR Page 18 CFR page 3 2 A CFR P roposed R u les: P roposed R u les: BDC (Ch. VI) : 16__ 18297 2 _ 18402 BDC Notice 3______18279 3 ______18324 3 CFR 32 ______18324 3 3 CFR 33 ______18324 110______—------18374 E xecutive O rders: 34 ______18324 6143 (revoked in part by PLO 35 _ 18324 4948)______18379 36 ______18324 3 8 CFR 6276 (revoked in part by PLO 45______18324 3______18280 4948)______18379 157______18402 36______18388 6583 (revoked in part by PLO 159______18324 4948)_, ______18379 41 CFR 5 CFR 1 9 CFR 5A-73______- _____ 18374 8-3______18375 213______- 18322,18369 6______18265 8______'______18265 8-6______18375 8-7______18375 7 CFR 10 ______18265,18369 11 ______:______18265 8-30_____ 18376 15______18382 12 ______I______18265 20______18384 18______— 18265 4 2 CFR 51______18257 21______18265 P roposed R u l es: 319______18385 23______18265 907______18385 25______18265 81______18292,18293 971______18261 171 ___ 18265 1425______18261 172 ______18267 4 3 CFR P roposed R u l es: P roposed R u l es: 18___ :______18376 723 ______18400 4______18284 P ublic Land O rders: 724 ______18400 6______i______18284 243 (see PLO 4954)___ 18381 730______18286 8______18284 659 (revoked in part and modi­ 1040______18401 15______18284 fied by PLO 4949)______18379 1120______18287 18______18284 3065 (see PLO 4956)______18381 1121______18287 123______18284 4496 (see PLO 4956)______18381 1126______18287 4948 ______18379 1127 ____—_ 18287 4949 ______18379 1128 _____ 18287 21 CFR _____ 18370 4950 ____ ;______18380 1129 _____ 18287 120____ 4951 ______18380 1130 _____ 18287 121____ 18269, 18370 146a______18270 4952 ______18380 4953______1 ______18380 9 CFR 146b______18272 4954-______18381 76______18262,18313 4955 ______18381 204______18262 2 5 CFR 4956 _’______18381 P roposed R ules : 4957 ______r______18382 10 CFR 15______18392 P roposed R u les: 20______x ______18385 2850______18399 50______—— 18385 2 6 CFR 12 CFR P roposed R u l e s: 4 5 CFR 1______18389-18391 224______18369 P roposed R ules i 329______18314 13______18391 206______18402

14 CFR 29 CFR 4 6 CFR 103—______-______18370 39______18372 310______— __ 18264 73_;__ 18274 30 CFR 97______18314 4 9 CFR 207______- ______18274 503______- 18274 __ 18318 P roposed R u les: 171______18276,18382 75______18402 32 CFR 1033______18318,18319 52______18371 P roposed R u les: 15 CFR 67 ______18277 174 __ 18323 368 ______18315 68 ______18277 _ 18323 369 ______18316 88______.______—_ 18277 177 18295,18297,18402 370 ______18316 244__ .______._____ 18277 571______19AQ V _ 18402 372 ______18316 269-______:______J___ —- 18277 373 ______- __ -- ______18316 376______:______18317 274______18277 1480______18279 5 0 CFR 386 _L______18317 _ 18319 387 ___ 18317 1712______18313 17_......