FEDERAL REGISTER VOLUME 36 • NUMBER 61 Tuesday, March 30,1971 • Washington, D.C. Pages 5829-5893

Agencies in this issue— Agriculture Department Air Force Department Atomic Energy Commission Census Bureau Civil Aeronautics Board Coast Guard Environmental Protection Agency Federal Aviation Administration Federal Home Loan Bank Board Federal Insurance Administration Federal Maritime Commission Federal Power Commission Federal Reserve System Federal Trade Commission Fiscal Service Fish and Wildlife Service Food and Drug Administration Forest Service Immigration and Naturalization Service interim Compliance Panel (Coal Mine Health and Safety) Internal Revenue Service Interstate Commerce Commission -Land Management Bureau National Highway Traffic Safety Administration National Park Service Patent Office Pipeline Safety Office Renegotiation Board Securities and Exchange Commission Small Business Administration Social and Rehabilitation Service Social Security Administration State Department Detailed list of Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of January 1, 1971)

Title 26— Internal Revenue Part 1 ( § § 1.0-1—1.300) — $3.00

Title 26— Internal Revenue Part 1 ( § § 1.501-1.640) 1. 25

Title 26— Internal Revenue Part 1 (§§ 1.641-1.850) _ __ 1.50

[A Cumulative checklist of CFR issuances for 1971 appears in the first issue of the Federal Register each month under Title 1]

Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402

r m m A 1 F i r ’f ’I C T r m Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, o r r lip I*/l I n r l l l ^ I r l l on the day after an official Federal holiday), by the Office of the Federal Register, Nation * *"* Archives and Records Service, General Services Administration, Washington, D.C. 20 , Area Code 202 «o^ phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 19 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15 ), under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I ) . Distribution is made only by the Superintendent of Documents, U.S. Government Printing Omc , Washington, D.C. 20402. . in The F ederal Register will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payao advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit chec money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of Federal Regulations, which is published, under 50 titles, PW® to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of Federal Regulations is sold by the Superinten of Documents. Prices of new books are listed in the first Federal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code of F ederal R egulation . Contents agriculture department Proposed Rule Making FISH AND WILDLIFE SERVICE See also Forest Service. Airborne ATC transponder equip­ ment _____—;______5853 Rules and Regulations Rules and Regulations Alterations: Union Slough National Wildlife Procurem ent; miscellaneous Control zone and transition Refuge, Iowa; sport fishing----- 5850 amendments------—— 5848-5849 area; correction------5855 Proposed Rule Making Transition area.------5855 National wildlife refuge system— 5851 AIR FORCE DEPARTMENT Rules and Regulations FEDERAL HOME LOAN BANK FOOD AND DRUG Selecting architect-engineers for BOARD ADMINISTRATION professional services by negoti­ Proposed Rule Making Rules and Regulations ated contracts------5847 District of Columbia savings and Delegations of authority; issuance loan offices; service corporations ATOMIC ENERGY COMMISSION of certain notices regarding food and certain pension trusts------5867 standards, food additives, and Notices FEDERAL INSURANCE color additives------5842 General Dynamics Corp.; applica­ Proposed Rule Making tions for facility licenses------5870 ADMINISTRATION New drugs for human use on the Gulf Oil Corp.; issuance of facility Rules and Regulations export license------$— 5870 market without approved new- Naval Research Laboratory; li­ Standard reinsurance contract— 5842 drug applications; statement of cense termination order______5870 policy; extension of time------5852 FEDERAL MARITIME Notices CENSUS BUREAU COMMISSION Food additive petitions: Rules and Regulations Notices A. E. Staley Manufacturing Co_ 5869 Foreign trade statistics; delivery E. F. Houghton & Co------5869 Agreements filed: M&T Chemicals, Inc------5869 of shipper’s export declaration Hapag-Lloyd Aktiengesellschaft to exporting carrier; correction- 5839 Scientific Supply Co., Inc------5870 et al______— 5873 Swift & Co.; withdrawal—------5870 La Centro Americana de Nave­ CIVIL AERONAUTICS BOARD gación S.A. and Royal Nether­ FOREST SERVICE Notices lands Steamship Co—------5873 Trade-Lanes S h ip p in g Corp. Notices Hearings, etc.: and Franoren Shipping Corp_ 5873 International Air Transport As­ Agua Tibia Wilderness proposal; Mid-Pacific Freight Forwarders; public hearing------— - 5869 sociation (5 documents)------5870 investigation and suspension re­ Mainland-Ponce service investi­ garding increases in freight rate HEALTH, EDUCATION, AND gation ______5872 in U.S. Pacific Coast/Hawaii WELFARE DEPARTMENT COAST GUARD trade______5873 See Food and Drug Administra­ Proposed Rule Making FEDERAL POWER COMMISSION tion; Social and Rehabilitation Sulfuric acid containers; correc­ Notices Service; Social Security Admin­ tion ______5853 Austral Oil Co., Inc., et al.; hear­ istration. ing on and suspension of pro­ COMMERCE DEPARTMENT posed changes in rates, and al­ HOUSING AND URBAN See Census Bureau; Patent Office. lowing rate changes to become DEVELOPMENT DEPARTMENT effective subject to refund------5874 defense department See Federal Insurance Adminis­ tration. See Air Force Department. FEDERAL RESERVE SYSTEM Notices environmental protection IMMIGRATION AND Barnett Banks of Florida, Inc.; NATURALIZATION SERVICE AGENCY application for approval of ac­ quisition of shares of bank----- 5877 Rules and Regulations Proposed Rule Making National primary and secondary FEDERAL TRADE COMMISSION Petitions for third and sixth pref­ ambient air quality standards; erence classification; adjust­ sulfur oxides______■_ 5867 Rules and Regulations ment of status------5835 Prohibited trade practices; Chrys­ FEDERAL aviation ler Corp. et al------5839 INTERIM COMPLIANCE PANEL administration FISCAL SERVICE (COAL MINE HEALTH AND SAFETY) Rules and Regulations Notices Airworthiness directive; Prat Glens Falls I n s u r a n c e Co., Notices Whitney aircraft engines___ 5837 Fidelity-Phenix Insurance Co., Bethlehem Mines Corp. and East­ Alterations: and The Glens Falls Insurance ern Coal Corp.; opportunity for Control zones and transi Co.; termination as surety on public hearing regarding appli­ areas (2 documents)______5837 Federal bonds; change of name cations for renewal permits___ 5877 T r a n sitio n areas (2 docu­ and replacement of certificate of ments) 5838 authority______5868 (Continued on next page) 5831 5832 CONTENTS

INTERIOR DEPARTMENT NATIONAL PARK SERVICE Notices See Fish and Wildlife Service; Proposed Rule Making Hearings, etc.: Land Management Bureau; Na­ General Public Utilities Corp___ 5877 tional Park Service. Glacier National Park, Mont.; Long Island Plastics Corp_____ 5373! fishing ______------_____------5851 National Utilities & Industries INTERNAL REVENUE SERVICE Notices Corp------5878 Rules and Regulations Amis tad Recreation Area, Texas; Income tax; corporate rates and . intention to issue concession SMALL BUSINESS related provisions and imposi­ permit______5869 ADMINISTRATION tion and extensions of tax sur­ charge; correction______5846 PATENT OFFICE Notices Proposed Rule Making Delegations of authority: Income tax; special rules for de­ Rules and Regulations Regional Directors______5879 termining foreign tax credit in Rules of practice in patent cases; Regional Directors et al_____ 5881 the case of certain interest in­ extensions of time to file appeal come; correction______5851 briefs______5850 SOCIAL AND REHABILITATION SERVICE INTERSTATE COMMERCE PIPELINE SAFETY OFFICE Proposed Rule Making COMMISSION Proposed Rule Making Notices Utilization review of care and Minimum Federal safety stand­ services______5852 Fourth section applications for ards for gas pipelines; initial de­ relief______5886 termination of class location and SOCIAL SECURITY Motor carriers: confirmation or revision of Temporary authority applica­ maximum allowable operating ADMINISTRATION tions ______- 5886 pressure; public hearing______5866 Transfer proceedings______5889 Rules and Regulations Federal health insurance for the JUSTICE DEPARTMENT RENEGOTIATION BOARD aged; compensation of owners; See Immigration and Naturaliza­ Rules and Regulations correction ______5842 tion Service. Principles and factors in deter­ STATE DEPARTMENT LAND MANAGEMENT BUREAU mining excessive profits; appli­ cation of statutory factors____ _ 5848 Rules and Regulations Rules and Regulations Public land orders : Notices Passports; issuance to Boy Scouts Idaho ______.______5850 Persons holding prime contracts or attending World Jamboree of New Mexico______5849 subcontracts for transportation Boy Scouts------5842 Notices by water as common carrier; ex­ tension of time for filing finan­ TRANSPORTATION DEPARTMENT Alaska; filing of plat of survey__ 5868 cial statements ______5877 Nevada; public sale; correction 5869 See Coast Guard; Federal Avia­ tion Administration; National NATIONAL HIGHWAY TRAFFIC SECURITIES AND EXCHANGE Highway Traffic Safety Admin­ SAFETY ADMINISTRATION COMMISSION istration; Pipeline Safety Office. Proposed Rule Making Rules and Regulations Brake hoses and brake hose assem­ Periodic payment plans and face- TREASURY DEPARTMENT blies; motor vehicle safety amount certificates; interpreta­ See Fiscal Service; Internal Reve­ standard ______5855 tive release______5810 nue Service. CONTENTS 5833 List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears following the Notices section of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1971, and specifies how they are affected.

8 CFR 21 CFR 42 CFR 103___ 5835 2------!______5842 P roposed R u l e s: 204___ 5835 P roposed R u l e s: 410— ______5867 205— 5836 5836 130______5852 245___ 4 3 CFR 22 CFR 12 CFR P ublic Land Orders: 51______5842 Proposed R u l e s: 5032 ______5849 5033______—_ 5850 Ch. V-______5867 24 CFR 14 CFR 1906— ______5842 4 5 CFR 39-.______5837 26 CFR P roposed R u l e s: 71 (4 docum ents). 5837-5838 250______5852 1______5846 Proposed R u l e s: P roposed R u l e s: 4 6 CFR 37— ______5853 1______5851 71 (2 documents). 5855 P roposed R u l e s: 91______5853 146______5853 121.______5853 32 CFR 127— ______5853 834______5847 135______5853 1460______5848 4 9 CFR P roposed R u l e s: 15 CFR 36 CFR 192______5866 30— ______5839 P roposed R u l e s: 571______5855 7______5851 16 CFR 50 CFR 37 CFR 13 ...... 5839 33______5850 1...... — 5850 17 CFR P roposed R u l e s: 25 ______5851 271______5840 41 CFR 26 ______5851 4-1______5848 29______5851 20 CFR 4-3______5848 31______5851 405...... 5842 4-7______5849 33______5851

5835 Rules and Regulations

(c) Petition under section 203(a) (3) sixth-preference classification; however, Title 8— ALIENS AND or (61—(1) General. A petition to clas­ any such petition shall be subject to the sify the status of an alien under section requirements of this part governing NATIONALITY 203(a) (3) or (6) of the Act shall be sixth-preference petitions. filed on Form 1-140. For each beneficiary .(5) Interview and decision. Prior to Chapter I—Immigration and Naturali­ a separate Form 1-140 must be sub­ decision by the district director, the zation Service, Department of Justice mitted, accompanied by a fee of $25. beneficiary and the petitioner may be The petition shall be made under oath required as a matter of discretion to ap­ PETITIONS FOR THIRD AND SIXTH administered by any individual having pear in person before an immigration or PREFERENCE CLASSIFICATION; AD­ authority to administer oaths, if executed consular officer and be interrogated JUSTMENT OF STATUS in the United States, but, if executed out­ under oath concerning the allegations in Reference is made to the notice of side the United States, administered by the petition. The petitioner shall be ; proposed rule making which was pub­ a consular officer or an immigration offi­ notified of the decision and, if the peti­ cer. Before it may be accepted and con­ tion is denied, of the reasons therefor lished in the F ederal R egister on Febru­ ary 23, 1971 (36 FR . 3370), pursuant to sidered properly filed, the petition must and of his right to appeal in accordance [section 553 of title 5 of the United be accompanied by Statement of Quali­ with the provisions of Part 103 of this States Code (80 Stat. 383) and in which fications of Alien on Form MA 7-50A and chapter. However, no appeal shall lie there were set out proposed rules which Job Offer for Alien Employment on Form from a decision denying a petition for MA 7-5 0B to which the certification un­ lack of a certification by the Secretary conform Service regulations to the regu­ of Labor pursuant to section 212(a) (14) lations of the Department of Labor der section 212(a) (14) of the Act has published on February 4, 1971 (36 F.R. been affixed by the Secretary of Labor or of the Act. 2462). No representations were received. his designated representative, except that 2. Paragraph (d) Petitions under sec­ Those proposed rules have been amended Form MA 7-50B and such certification tion 203(a) (6) of the Act of § 204.1 In the following respects: § 204.1(c)(3) may be omitted if the beneficiary is qual­ Petition is revoked. ified for and will be engaged in an oc­ has been amended by clarifying the filing § 204.2 [Amended] date of a sixth preference petition which cupation currently listed in the Depart­ is required to be and is supported by a ment of Labor’s Schedule A (29 CFR 3. Paragraph (e) of 1 204.2 Docu­ labor certification issued on the basis Part 60) , or the beneficiary is qualified ments is amended to read as follows: of a job offer to insure that such a as a member of a profession or has ex­ ceptional ability in the sciences or arts fe) Evidence of eligibility for third- or sixth preference petition filed on or sixth-preference classification— (1) Gen­ after April 1, 1971, will not be accorded and will be engaged therein. (2) Place of filing. A petition to clas­ eral. The documentary evidence which a more advantageous filing date than the petitioner must submit to establish such a petition filed prior to that date; sify the status of an alien under section 203(a)(3) of the Act shall be filed by the beneficiary’s eligibility under section and § 204.4(b) has been amended by clar­ 203(a) (3) or (6) of the Act shall in­ ifying the duration of validity of third such alien or by any person on his behalf in the office of the Service having juris­ clude Form MA 7-50A, or Forms MA and sixth preference petitions and a sen­ 7-50 A and B, as provided in § 204.1(c), tence has been added thereto conferring diction over the place in the United States where the alien intends to reside. and any documents required to be pre­ the benefit of revalidation of third and sented with those forms. If the alien’s sixth preference petitions which had pre­ A petition to classify the status of an alien under section 203(a) (6) of the eligibility is based in whole or in part viously become invalid solely through the on higher education, a certified copy of passage of time. The amendatory reg­ Act shall be filed by the person, firm, or organization desiring and intending to his school record shall be submitted. The ulations as set out below are hereby record must show the period of attend­ adopted: employ the alien within the United States in the office of the Service having ance, major field of study, and the de­ PART 103— ROWERS AND DUTIES OF jurisdiction over the place of intended grees or diplomas awarded. If the alien SERVICE OFFICERS; AVAILABILITY employment. has received a license or other official permission to practice his profession, the OF SERVICE RECORDS (3) Filing date. In the case of a sixth preference petition received by the Serv­ license or other official permit to prac­ § 103.1 [Amended] ice on or after April 1, 1971, which is tice must also be submitted. If the alien’s 1. Subparagraph (2) of paragraph (e) required to be and is supported by a eligibility is based on a claim of excep­ of § 103.1 is amended to read as follows: labor certification Issued on the basis tional ability in the sciences or the arts, of a job offer, the filing date of the peti­ documentary evidence supporting the (2) Decisions on third- and sixth- tion within the meaning of section 203 claim must be submitted by the peti­ preference petitions, as provided in (c) of the Act shall be the date the re­ tioner. Such evidence may attest to the 5204.1(c) of this chapter, except when quest for certification was accepted for universal acclaim and either the national the denial of the petition is based upon processing by any office within the em­ or international recognition accorded to the lack of a certification by the Secre­ ployment service system of the Depart­ the alien; that he has received a nation­ tary of Labor pursuant to section 212 ment of Labor, or April 1, 1971, ally or internationally recognized prize or (a) (14) of the Act; whichever is the later. In the case of any award or won a nationally or interna­ 2. Subparagraphs (3) and (5) of para- other sixth preference petition, and in tionally recognized competition for excel­ Paph (e) Regional commissioners of the case of any third preference petition, lence for a specific product or perform­ 5103.1 Delegations of authority are the filing date of the petition shall be ance or for outstanding achievement; or revoked. tiie date it was properly filed with the that he is a member of a national or appropriate Service office. international association of* persons which maintains standards of mem­ part 204— PETITION TO CLASSIFY (4) Sixth-preference petition for member of the professions or person bership recognizing outstanding achieve­ ALIEN AS IMMEDIATE RELATIVE OF having exceptional ability in the sciences ment as judged by recognized national or A U.S. CITIZEN OR AS A PREFER­ or arts. Nothing contained in this part international experts in a specific disci­ ENCE IMMIGRANT shall preclude an employer who desires pline or field of endeavor. An affidavit attesting to an alien’s exceptional ability § 204.1 [Amended] and intends to employ an alien who is a member of the professions or a person in the sciences or the arts must set forth L Paragraph (c) of S 204.1 Petition Is having exceptional ability in the sciences the name and address of the affiant, state tended to read as follows: or the arts from filing a petition for a how he has acquired his knowledge of

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 5836 RULES AND REGULATIONS

the alien’s qualifications, and must de­ tary evidence required by the instruc­ to 29 CFR Part 60 of the labor certifica­ scribe in detail the facts on which the tions for completion of the forms, to the tion in support of the petition unless affiant bases his assessment of the alien’s local office of the State Employment the certification is thereafer revalidated. qualifications. If material published by Service serving the area of intended em­ (2) Upon the death of the petitioner or about the alien is submitted, it must ployment. Information concerning the or beneficiary. be accompanied by information as to the categories of employment listed in Labor (3) Upon formal notice of withdrawal date, place, and title of the publication. Department Schedules (29 CFR Part 60) filed by the beneficiary with the officer If the alien’s eligibility is based on train­ may be obtained from principal offices who approved the petition in a third- ing or experience, documentary evidence of the Service, from State Employment preference case. thereof, such as affidavits, must be sub­ Service offices and from U.S. consular (4) Upon formal notice of withdrawal mitted by the petitioner. Affidavits con­ offices. filed by the petitioner with the officer cerning training or experience must set 4. Paragraph (f) Evidence required to who approved the petition in a sixth- forth the name and address of the af­ accompany petition for skilled or un­ preference case. fiant, state how he acquired his knowl­ skilled labor of § 204.2 Documents is (5) Upon termination of the em­ edge of the alien’s qualifications, state revoked. ployer’s business in a sixth-preference the places where and the dates between 5. Paragraphs (b) and (c) of § 204.4 case. which the alien gained the training or are amended to read as follows: experience, and described in detail the * * * * * duties performed by the alien, any tools § 204.4 Validity of approved petitions. used, and any supervision received or * ' * * * * PART 245— ADJUSTMENT OF STATUS exercised by the alien. (b) Petitions under sections 203(a) TO THAT OF PERSON ADMITTED (2) Physicians. An alien physician (3) and (6). The approval of a petition FOR PERMANENT RESIDENCE shall be considered eligibile for classifi­ to classify an alien as a preference im­ cation as a member of the professions migrant under section 203(a) (3) or (6) § 245.1 [Amended] if he establishes that he was graduated of the Act shiall remain valid for as long 1. Paragraph (e) of § 245.1 Eligibility from a medical school in the United as the supporting labor certification is is amended to read as follows: States or Canada, or that he was grad­ valid and unexpired, provided in the uated from a foreign medical school and case of a petition for third preference (e) Nonpreference aliens. An appli­ has successfully passed the examination classification there is no change in the cant who is a nonpreference alien seek­ given by the Educational Council for For­ beneficiary’s intention to engage in the ing adjustment of status for the purpose eign Medical Graduates, or that he was indicated profession, art or science, and of engaging in gainful employment in graduated from a foreign medical school provided in the case of a petition for the United States, and who is not ex­ and has obtained a full and unrestricted sixth preference classification there is empted under § 212.8(b) of this chapter license to practice medicine in the coun­ no change in the respective intentions of from the labor certification requirement try where he obtained his medical educa­ the petitioner and the beneficiary that of section 212a() (14) of the Act, is in­ tion. In any other case the district the beneficiary will be employed by the eligible for the benefits of section 245 of director may consult the Educational petitioner in the capacity indicated in the Act unless an individual labor certi­ Council for Foreign Medical Graduates the petition. The approval of a petition fication is issued by the Secretary of or other organizations and experts in to classify an alien under section 203(a) Labor or his designated representative, the medical field for the purpose of ob­ (3) or (6) which had heretofore become or unless the applicant establishes that taining an advisory opinion of the alien’s invalid solely because the date until he is within Schedule A (29 CFR Part qualifications as a physician. which the approval was valid had lapsed, 60). is hereby reinstated provided the condi­ 2. The fourth sentence of paragraph (3) Advisory opinion. The district di­ (g) Availability of immigrant visas under rector may request the Manpower Ad­ tions of this paragraph are met. ministration to furnish an advisory (c) Subsequent petition by same peti­ section 245 of § 245.1 Eligibility is opinion concerning the qualifications of tioner for same beneficiary. When a visa amended to read as follows: “The pri­ petition has been approved and sub­ ority date of an applicant who is seeking the beneficiary of a petition under sec­ the allotment of a nonpreference immi­ tion 203(a) (3) or (6) of the Act. sequently a new petition by the same petitioner is approved in behalf of the grant visa number shall be fixed by the (4) Certification under section 212 the same beneficiary, the latter approval following factors, whichever is the ear­ (a) (14). An alien whose occupation is shall be regarded as a reaffirmation or liest: (1) The priority date accorded the currently listed in Schedule A (29 CFR reinstatement of the validity of the orig­ applicant by the consular officer as a Part 60) will be considered as having nonpreference immigrant; (2) the date obtained a certification under section inal petition. ♦ * * * * on which application Form 1-485 is filed, 212(a) (14) of the Act upon determina­ if the applicant establishes that the pro­ tion by the district director that the § 204.6 [Amended] visions of section 212(a) (14) of the Act alien is qualified for and will be engaged 6. The last sentence of § 204.6 Effect do not apply to him or that he is within in such occupation. In the case of an of changed employment on priority date the Department of Labor’s Schedule A alien whose occupation is currently listed for sixth-preference classification is (29 CFR Part 60); (3) the date on which in Schedule B, the Secretary of Labor amended to read as follows: “However, an approved valid third- or sixth-prefer­ has announced that the determination the original priority date shall be re­ ence visa petition in his behalf was filed and certification required by section stored if the beneficiary returns to the if the applicant was within the Depart­ 212(a) (14) of the Act cannot now be original petitioner’s employment or ment of Labor’s Schedule A (29 CFR made (29 CFR Part 60). In the case of a establishes that he intends upon arrival Cf\\ a i/io f lATl beneficiary who the district director finds in the United States to be employed by for ^certification was accepted for proces- is a member of a profession or a person the original employer as specified in the sing by any office within the employment with exceptional ability in the sciences or original petition, and that petition is still service system of the Department of arts, but who is not included in Schedule valid.”- r a K a*. /.o-rfifi/'Qt.irm aDDlied A (29 CFR Part 60), the district director for was issued.” will refer Form MA 7-50A to the ap­ PART 205— REVOCATION OF 3. Paragraph (b) of § 245.2 is amended propriate Regional Manpower Adminis­ to read as follows: trator for a determination as to whether APPROVAL OF PETITIONS an individual labor certification will be Paragraph (b) of § 205.1 is amended § 245.2 Application. issued. In the case of any other alien, to read as follows' * * * * his employer or prospective employer (b) Application by nonpreference alien may apply for certification under section § 205.1 Automatic revocation. seeking adjustment of status for purpose 212(a) (14) of the Act by submitting * * * * * of engaging in gainful employment-~(\> properly executed Forms MA 7-50A and (b) Petitions under section 203(a) Alien whose occupation is included in MA 7-50B, together with the documen­ (3) or (6). (1) Upon expiration pursuant Schedule A (29 CFR Part 60), or who w

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 RULES AND REGULATIONS 5837 a member of the professions, or has ex­ (B) Inspect in accordance with paragraph (5) within the next 140 cycles in service un­ ceptional ability in the sciences or arts. Title 14— AERONAUTICS AND less already accomplished within the last An applicant for adjustment of status as 1.500 cycles. a nonpreference alien under section 245 SPACE 3. Hubs with less than 6,000 total cycles in of the Act who is subject to the labor service: certification requirement of section 212 Chapter I— Federal Aviation Adminis­ (A) Inspect in accordance with para­ (a) (14) of the Act must submit Form MA tration, Department of Transportation graph (4) prior to the accumulation of 6,070 7-50A with his application, if he is quali­ (Docket No. 70-EA-117; Arndt. 39-1179] cycles in service, or fied for and will be engaged in an occupa­ (B) Inspect in accordance with paragraph PART 39— AIRWORTHINESS (5) prior to the accumulation of 6,070 cycles, tion currently listed in Schedule A (29 unless already accomplished subsequent to CFR Part 60), or if he is a member of DIRECTIVES 4.500 cycles. a profession or has exceptional ability in Pratt & Whitney Aircraft Engines 4. With a mirror or equivalent inspect all the sciences or arts. The Forms MA 7- visible portions of the rear face of the disc 50A must be executed in accordance with The Federal Aviation Administration rim and overhang of the front compressor the instructions for completion of that is amending § 39.13 of Part 39 of the Fed­ front hub for cracks, with particular atten­ form, and must be accompanied by the eral Aviation Regulations so as to issue tion to the acute corner. If any crack is found, replace hub before further flight. evidence of the applicant’s qualifications an airworthiness directive applicable to 5. Remove all first stage compressor blades specified in the instructions attached to the Pratt & Whitney JT8D-1, -7, -7A tire from front compressor hub and by use of the application for adjustment of status. aircraft engines. fluorescent penetrant, inspect for cracks pay­ The other documents specified in para­ There had been a report of the front ing particular attention to the rear acute graph (a) of this section must also be compressor hub on a JT8D engine having corner of the hub blade slots. If any crack submitted in support of the application failed. The failure had been ascribed to a is found, replace hub before further flight. for adjustment of status. Determination crack in the acute corner of the blade This amendment is effective March 30, concerning certification under section slot which propagated to the rear hub rim 1971 and was effective upon all recipients 212(a) (14) of the Act will be made in and through to the bolt holes. Since this of the telegram dated October 16, 1970, accordance with the pertinent provisions deficiency could exist or occur in other which contained this Airworthiness of § 204.1(e) (4) of this chapter. engines of the same type design, a tele­ Directive. (2) Other nonpreference aliens who gram dated October 16, 1970, was issued (Secs. 313(a), 601, 603, Federal Aviation Act will engage in gainful employment. An to all known owners of airplanes incor­ of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. applicant for adjustment of status as a porating the JT8D engines requiring an 6(C ), DOT Act, 49 U.S.C. 1655(c) ) nonpreference alien under section 245 inspection of the hub. Subsequent evalu­ of the Act, who is subject to the labor ation was performed with the intent of Issued in Jamaica, N.Y., on March 12, certification requirement of section 212 making the inspection a repetitive one. 1971. (a) (14) of the Act, must submit the cer­ However, it is determined that such R obert M. Brown, tification with his application if he is not amendment of the telegraphic airworthi­ Acting Director, Eastern Region. a member of a profession, is not a person ness directive is unnecessary and it is, [FR Doc.71—4351 Filed 3-29-71;8:48 am] with exceptional ability in the sciences or therefore, being published in its original the arts, and is unqualified for a category form. However, the safety concern is still of employment currently listed in Sched­ present and requires expeditious adop­ [Airspace Docket No. 71-CE-12] ule A (29 CFR Part 60). The applicant’s tion of the amendment making notice p a r t 71— designation o f f e d e r a l employer or prospective employer may and public procedure impractical and re­ apply for the certification to the local AIRWAYS, AREA LOW ROUTES, quiring effectivity in less than 30 days. CONTROLLED AIRSPACE, AND RE­ State Employment Service. In consideration of the foregoing and ***** pursuant to the authority delegated to PORTING POINTS (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) me by the Administrator, 14 CFR 11.89 Alteration of Control Zone and (31 F.R. 12697), § 39.13 of Part 39 of the Transition Area The basis and purpose of the above- Federal Aviation Regulations is amended prescribed rules are to conform Service by adding the following new; Airworthi­ The purpose of this amendment to regulations to the regulations promul­ ness Directive: Fart 71 of the Federal Aviation Regu­ gated by the Department of Labor relat­ lations is to alter the control zone and ing to immigrant labor certifications on Applies to all Pratt & Whitney, Aircraft transition area at Madison, Wis. February 4,1971 (36 F.R.-2462). JT8D-1, JT8D-7, and JT8D-7A Turbofan En­ gines which incorporate Part No. 504101 and U.S. Standard for Terminal Instrument This order shall be effective on April 1, 515201 front compressor front hubs (first Procedures (TERPS) became effective 1971. Compliance with the provisions of stage fan disc). To preclude front compressor November 18, 1967, and was issued only section 553 of Title 5 of the United States front hub failures accomplish the following, after extensive consideration and discus­ Code (80 Stat. 383), as to delayed effec­ unless already accomplished: sion with Government agencies con­ tive date, is unnecessary in this instance 1. Hubs with' 6,000 total cycles in service but less than 8,000 total cycles in service: cerned and affected industry groups. and would serve no useful purpose be­ TERPS updates the criteria for the es­ cause the persons affected thereby will (A) Inspect in accordance with paragraph (4) within the next 70 cycles in service, or tablishment of instrument approach pro­ not require additional time to prepare for (B) Inspect in accordance with paragraph cedures in order to meet the safety re­ the effective date of the regulations. (5) within the next 70 cycles in service un­ less already accomplished within the last quirements of modern day aviation and Dated: March 24,1971. 1,500 cycles. to make more efficient use of the airspace R aymond F. F arrell, 2. Hubs with 8,000 total cycles or more in possible. As a result, the criteria for des­ service: ignation of controlled airspace for the Commissioner of (A) Inspect in accordance with para­ Immigration and Naturalization. graph (4) within the next 140 cycles in serv­ protection of these procedures were mod­ [FR Doc.71-4327 Filed 3-29-71;8:46 am] ice, or ifiée! to conform to TERPS. The new

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 No. 61-----2 5838 RULES AND REGULATIONS criteria requires minor alteration of the and discussion with Government agen­ cedures were modified to conform to! Madison, Wis., control zone and transi­ cies concerned and affected industry TERPS. The new criteria requires minn3 tion area. Action is taken herein to re­ groups. TERPS updates the criteria for alteration of the transition area at She! flect these changes. the establishment of instrument ap­ boygan, Wis. Action is taken herein toj Since changes in most, if not all, exist­ proach procedures in order to meet the reflect this change. ing airspace designations are required safety requirements of modern day avia­ Since changes in most, if not all, ex-1 in order to achieve the increased safety tion and to make more efficient use of isting airspace designations are required and efficient use of the airspace that the airspace possible. As a result, the in order to achieve the increased safety! TERPS is designed to accomplish and criteria for designation of controlled air­ and efficient use of the airspace that! since these changes are minor in natine, space for the protection of these pro­ TERPS is designed to accomplish and] notice and public procedure hereon have cedures were modified to conform to since these changes are minor in nature] been determined to be both unnecces- TERPS. The new criteria requires minor notice and public procedure hereon have! sary and impracticable. alteration of the Ashland, Wis., transi­ been determined to be both unnecessary] In consideration of the foregoing, Part tion area. Action is taken herein to re­ and impracticable. 71 of the Federal Aviation Regulations flect this change. In consideration of the foregoing, Part is amended effective 0901 G.m.t., May 27, Since changes in most, if not all, ex­ 71 of the Federal Aviation Regulations 1971, as hereinafter set forth: isting airspace designations are required is amended effective 0901 Gjn.t., May 27,1 (1) In §71.171 (36 F.R. 2055), the in order to achieve the increased safety 1971, as hereinafter set forth: following control zone is amended to and efficient use of the airspace that In § 71.181 (36 F.R. 2140), the follow­ read: TERPS is designed to accomplish and ing transition area is amended to read: Madison, Wis . since these changes are minor in nature, That airspace within a 5% -mile radius of notice and public procedure hereon have S heboygan, Wis. the Truax Field Airport (latitude 43°08'15" been determined to be both unnecessary That airspace extending upward freon 700 W., longitude 89®20' 10" W.); within 2y2 and impracticable. feet above the surface within a 7-mile radius miles each side of thè Madison VOR 359° In consideration of the foregoing, of Sheboygan County-Memorial Airport (lati-j radial extending from the 5% mile radius Part 71 of the Federal Aviation Regula­ tude 43°46'05" N., longitude 87°51'05" W.);; to 6 miles north of the VOR; and within 2 y2 tions is amended effective 0901 Gjn.t., and within 3 miles each side of the 026° miles each side of the Madison VOR 134® bearing from the Sheboygan County Memo­ radial extending from the 5%-mile radius to May 27, 1971, as hereinafter set forth: rial Airport extending from the airport to 8 6 miles southeast of the VOR. In §71.181 (36 F.R. 2140), the fol­ miles northeast of the airport. lowing transition area is amended to (2) In §71.181 (36 FJEt. 2140), the read: (Sec. 307(a), Federal Aviation Act of 1958, of following transition area is amended to shland is 49 U.S.C. 1348; sec. 6(c), Department A , W . Transportation Act, 49 U.S.C. 1655(c)) read: That airspace extending upward from 700 Madison, Wis . feet above the surface within a 7-mile radius Issued in Kansas City, Mo., on March That airspace extending upward from 700 of the John F. Kennedy Memorial Airport 16, 1971. feet above the surface within an 11-mile (latitude 46°32'55" N., longitude 90°55'00" E dward C. Marsh, radius of the Truax Airport (latitude W.); and that airspace extending upward Director, Central Region. 43°08'15" N., longitude 89°20'10" W.); from 1,200 feet above the surface within 9 y2 within 3 miles each side of the Madison ILS miles southeast and 4% miles northwest of [FR Doc.71-4348 Filed 3-29-71;8:48 am] localizer south course extending from the the 209° bearing from the John F. Kennedy 11-mile radius to 8 miles south of the Madi­ Memorial Airport extending from the airport [Airspace Docket No. 70-CE-116] son ILS outer marker; and within 3 miles to 18 y2 miles southwest of the airport. each side of the Madison ILS localizer north PART 71— DESIGNATION OF FEDERAL] course extending from the 11-mile radius to (Sec. 307(a), Federal Aviation Act of 1958, 8 miles north of the Windsor back course 49 U.S.C. 1348; sec. 6(c), Department of AIRWAYS, AREA LOW ROUTES, marker; and that airspace extending upward Transportation Act, 49 U.S.C. 1655(c)) CONTROLLED AIRSPACE, AND RE-j from 1,200 feet above the surface bounded Issued in Kansas City, Mo., on PORTING POINTS on the north by a line extending from lati­ March 10, 1971. tude 43°43'00" N., longitude 89°55'00" W., Alteration of Control Zone and to latitude 43°30'00" N., longitude 88®30'09" E dward C. M arsh, Transition Area W.; on the east by longitude 88®30'00" W.; Director, Central Region. on the south by latitude 42®45'00" N.; and On January 7, 1971, a notice of pro­ on the west by longitude 89° 55'00" W. [FR Doc.71-4347 Piled 3-29-71;8:48 am] posed rule making was published in the (Sec. 307(a), Federal Aviation Act of 1958, [Airspace Docket No. 71-CE-20] F ederal R egister (36 F.R. 225) stating 49 U.S.C. 1348; sec. 6(c), Department of that the Federal Aviation Administra­ Transportation Act, 49 U.S.C. 1655(c)) PART 71— designation o f f e d e r a l tion proposed to alter the Watertown, Issued in Kansas City, Mo., on AIRWAYS, AREA LOW ROUTES, S. Dak., control zone and transition area. March 10, 1971. CONTROLLED AIRSPACE, AND RE­ Interested persons were afforded an opportunity to participate in the rule E dward C. M arsh, PORTING POINTS Director, Central Region. making through the submission of com­ Alteration of Transition Area ments. No objections have been received [FR Doc.71-4346 Filed 3-29-71;8:48 am] to this proposal. The purpose of this amendment to Part Subsequent to the publication of this [Airspace Docket No. 71-CE-15] 71 of the Federal Aviation Regulations is notice it has been determined that the to alter the transition area of Sheboygan, NDB (ADF) Runway 30 approach pro­ PART 71— DESIGNATION OF FEDERAL Wis. cedure has been canceled. Therefore, AIRWAYS, AREA LOW ROUTES, U.S, Standard for Terminal Instru­ ment Procedures (TERPS) became ef­ less airspace is required than was pro­ CONTROLLED AIRSPACE, AND RE­ fective November 18, 1967, and was is­ posed in the notice and will be so de­ PORTING POINTS sued only after extensive consideration leted from the adopted rule. Since this change reduces the amoun Alteration of Transition Area and discussion with Government agen­ cies concerned and affected industry of controlled airspace and imposes n The purpose of this amendment to groups. TERPS updates the criteria for additional burden on any person, nonce Part 71 of the Federal Aviation Regula­ the establishment of instrument ap­ and public procedure hereon are un­ tions is to alter the transition area at proach procedures in order to meet the necessary and this change may be a Ashland, Wis. safety requirements of modern day avi­ complished by final rule action. U.S. Standard for Terminal Instru­ ation and to make more efficient use of In consideration of the foregoing, Pa ment Procedures (TERPS) became ef­ the airspace possible. As a result, the 71 of th e Federal Aviation Regulations » fective November 18, 1967, and was criteria for designation of controlled air­ amended effective 0901 Gjn.t., May « issued only after extensive consideration space for the protection of these pro­ 1971, as hereinafter set forth:

FEDERAL REGISTER, VOL. 36, NO. 61— -TUESDAY, MARCH 30, 1971 RULES AND REGULATIONS 5839

(1) In §71.171 (35 F.R. 2054), the Truth in Lending Act; § 13^73 Formal required or that no down payment is re­ following control zone is amended to regulatory and statutory requirements: quired, the amount of any installment read: 13.73-92 Truth in Lending Act; 13.155 payment, the dollar amount of any fi­ Watertown, S. Da k . Prices: 13.155-95 Terms and condi­ nance charge, the number of install­ That airspace within a 5-mile radius of tions: 13.155-95(a) Truth in Lending ments or the period of repayment, or Watertown Municipal Airport (latitude 44°- Act. Subpart—Misrepresenting oneself that there is no charge for credit, unless N., longitude 97°09'16" W.). and goods—Goods: § 13.1623 Formal all of the following items are stated in (2) In §71.181 (35 F.R. 2134), the regulatory and statutory requirements: terminology prescribed under § 226.8 of following transition area is amended to 13.1623-95 Truth in Lending Act; Regulation Z: read: Misrepresenting oneself and goods— (i) The cash price; Watertown, S. Da k . Prices: § 12.1823 Terms and conditions: (ii) The amount of the down payment 13.1823-20 Truth in Lending Act. Sub­ required or that no down payment is That airspace extending upward from 700 feet above the surface within a 10-mile part—Neglecting, unfairly or deceptively, required, as applicable; radius of the Watertown Municipal Airport to make material discuosure: § 13.1852 (iii) The number, amount, and due (latitude 44°54'51'' N„ longitude 97°09'16" Formal regulatory and statutory re­ dates or period of payments scheduled W.); within 4% miles east and 9 y2 miles quirements: 13.1852-75 Truth in Lend­ to repay the indebtedness if the credit west of the Watertown VORTAC 006° radial ing Act; § 13.1905 Terms and condi- is extended; extending from the 10-mile radius to 18 y2 ditions: 13.1905-60 Truth in Lending (iv) The amount of the finance miles north of the VORTAC; and that air­ Act. charge expressed as an annual per­ space extending upward from 1,200 feet above the surface within a 23 y2 -mile radius (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or centage rate; and circle centered on the Watertown VORTAC, apply sec. 5, 38 Stat. 719, as amended, 82 Stat. (v) The deferred payment price. extending from a line 5 miles north of and 146, 147; 15 U.S.C. 45, 1601-1605) [Cease and 3. Causing to be published any con­ parallel to the VORTAC 086° radial clock­ desist order, Chrysler Corp. et al., Highland sumer credit advertisement without wise to a line 5 miles northwest of and Park, Mich., Docket No. C-1866, Feb. 19, 1971] making all disclosures that are required parallel to the VORTAC 235° radial; within In the Matter of Chrysler Corp., Chrysler by § 226.10 (a) and (d) of Regulation a 13-mile radius of the Watertown VORTAC Z to be made in connection with that ad­ from a line 5 miles northwest of and parallel Motors Corp., and Young & Rubi- cam, Inc., Corporations vertisement, in the manner and form to the VORTAC 235° radial clockwise to a prescribed in Regulation Z. line 5 miles north of and parallel to the Consent order requiring a major auto­ VORTAC 086° radial; and within 9% miles 4. Failing to deliver a copy of this or­ east and 4 y2 miles west of the Watertown mobile corporation with headquarters in der to cease and desist to all present VORTAC 185° radial extending from the Highland Park, Mich., and its New York and future personnel of respondents en­ VORTAC to 30 miles south of the VORTAC. City advertising agency to cease violat­ gaged in any aspect of preparation, crea­ (Sec. 307(a), Federal Aviation Act of 1958, ing the Truth in Lending Act by mis­ tion, and placing of advertising, all per­ 49 U.S.C. 1348; sec. 6(c), Department of representing in advertisements that a sons engaged in reviewing the legal suf­ Transportation Act, 49 U.S.C. 1655 (c)) specific installment payment can be ar­ ficiency of advertising, and all present ranged in the credit sale of its automo­ and future agencies engaged in prepara­ Issued in Kansas City, Mo., on biles; representing the amount of the March 12, 1971. tion, creation and placing of advertis­ downpayment or that no downpayment ing on behalf of respondents, and fail­ Edward C. M arsh, is required, the amount of the install­ ing to secure from each such person or Director, Central Region. ment payment, the dollar amount of agency a signed statement acknowledg­ [FR Doc.71-4349 Filed 3-29-71;8:48 am] any finance charge, the number of in­ ing receipt of said order. stallments or period of repayment, or It is further ordered, That respondent that there is no charge for credit, unless Young & Rubicam, Inc., a corporation, the terminology of Regulation Z is used; and its officers, agents, representatives Title 15— COMMERCE AND and publishing any consumer credit ad­ and employees, directly or through any vertising without making all disclosures corporate or other device, in connection required by Regulation Z. with any advertisement to aid, promote, FOREIGN TRADE The order to cease and desist, includ­ or assist, directly or indirectly any ex­ Chapter I— Bureau of the Census, ing further order requiring report of tension of “consumer credit” in connec­ Department of Commerce compliance therewith, is as follows: tion with the sale of automobiles, as It is ordered, That respondents Chrys­ “consumer credit” is defined in Regula­ PART 30— FOREIGN TRADE ler Corp. and Chrysler Motors Corp., tion Z (12 CFR Part 226) of the Truth STATISTICS corporations, and their officers, agents, in Lending Act (Public Law 90-321, 15 representatives, and employees, directly Delivery of the Shipper’s Export U.S.C. 1601 et seq.), do forthwith cease or through any corporate or other device, and desist from: Declaration to Exporting Carrier in connection with any advertisement to 1. Representing, directly or by impli­ Correction aid, promote, or assist directly or indi­ cation, that a specific amount of credit rectly any extension of consumer credit In F.R. Doc. 71-3928 appearing at or installment amount can be arranged in connection with the sale of automo­ unless such amount is usually and cus­ Page 5411 in the issue of Tuesday, biles, as “consumer credit” is defined in March 23, 1971, the phrase “shipments tomarily made available to purchasers Regulation Z (12 CFR Part 226) of the of such automobiles by a substantial by vessel or aid” in the first line of Truth in Lending Act (Public Law 90- * 30.12 should read “shipments by vessel number of dealers in the areas in which or air”. 321, 15 U.S.C. 1601 et seq.), do forthwith the advertisement is. to appear. Unless cease and desist from: it has been ascertained that all dealers 1. Representing, directly or by implica­ in such areas arrange credit in the tion, that a specific amount of credit or amount advertised, the advertisement installment amount can be arranged un­ shall indicate that the amount shown Title 16— COMMERCIAL less such amount is usually and custom­ is not necessarily available from all arily made available to purchasers of dealers. PRACTICES such automobiles by a substantial num­ 2. Representing, directly or by impli­ Chapter I-—Federal Trade Commission ber of dealers in the areas in which the cation, in any advertisement on behalf [Docket No. C-1866] advertisement is to appear. Unless it has of any advertiser the amount of the been ascertained that all dealers in such downpayment required or that no down- PART 13— PROHIBITED TRADE areas arrange credit in the amount ad­ payment is required, the amount of PRACTICES vertised, the advertisement shall indicate any installment payment, the dollar that the amount shown is not necessarily amount of any finance charge, the num­ Chrysler Corp. et al. available from all dealers. ber of installments or the period of re­ Subpart—Advertising falsely or m is­ 2. Representing, directly or by impli­ payment, or that there is no charge for leading: § 13.71 F in a n c in g : 13.71-10 cation, the amount of the down payment credit, unless all of the following items

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 5840 RULES AND REGULATIONS

are stated in terminology prescribed un­ Act), Public Law 91-547, enacted De­ disclosure of its financial status and abil­ der § 226.8 of Regulation Z: cember 14, 1970. The purpose of this ity to meet its refund obligations in the (i) The cash price; release is to call to the attention of reg­ registration statement and prospectus (ii) The amount of the downpayment istered investment companies and other for the certificates. Appropriate dis­ required or that no downpayment is re­ Interested persons some important pro­ closure requirements will be specified in a quired, as applicable; visions of the 1970 Act relating to pe­ revised form for registration of unit in­ (iii) The number, amount, and due riodic payment plan and face-amount vestment trusts now in preparation. Of i dates or period of payments scheduled certificates which will require companies course, until such form is promulgated to repay the indebtedness if the credit issuing such certificates and their man­ unit investment trusts should continue is extended; agements to take .certain actions. to use Forms S-6 and N-8B-2. (iv) The amount of the finance charge obliga­ Contractual or P eriodic P ayment P lans As an alternative to the refund expressed as an annual percentage rate; tions imposed by subsection (d), new and The 1970 Act amends section 27 of the subsection (g) would permit a registered (v) The deferred payment price. Investment Company Act by adding new investment company issuing periodic 3. Creating or causing to be published subsections (d), (e), (f), (g), and (h), payment plan certificates to elect to be any consumer credit advertisement with­ which provide-greater protection to in­ governed by the provisions of new sub- j out making all disclosures that are re­ vestors in contractual or periodic pay^ section (h ). Any such election must be quired by § 226.10 (a) and (d) of Regu­ ment plans. These amendments do not by written notice to the Commission and lation Z to be made in connection with become effective until June 14, 1971, but may be filed with the Commission prior that advertisement, in the manner and a number of matters should be consid­ to June 14, 1971, to take effect on or form prescribed by Regulation Z. ered, some requiring immediate action. after that date. Subsection (g) makes no 4. Failing to deliver a copy of this New subsection (d) will make it un­ provision for an investment company order to cease and desist to all present lawful on and after June 14,1971, for any which has elected to be governed by sub­ and future personnel of respondent en­ registered investment company issuing section (h) to revoke such election. How­ gaged in reviewing the legal sufficiency periodic payment plan certificates, or for ever, the Commission expects to adopt a of advertising prepared, created, or any depositor of or underwriter for such rule to allow revocation of such elec­ placed on behalf of any advertiser, and company, to sell any such certificate un­ tion, subject to appropriate limitations. failing to secure from each such person less it provides that the holder thereof Subsection (h) will make it unlawful a signed statement acknowledging re­ may surrender the certificate at any time for a registered investment company gov­ ceipt of said order. within the first 18 months after its is­ erned by that subsection to issue periodic It is further ordered, That each re­ suance and receive payment thereof, in payment plan certificates, or for any de­ spondent shall, within sixty (60) days cash, the sum of (1) the value of his positor or underwriter for such company, after service upon it of this order, file account and (2) an amount equal to that to sell any such certificate if, among with the Commission a report in writ­ part of the excess paid for sales loading other things, (1) the sales load exceeds 9 ing, setting forth in detail the manner which is over 15 percent of the gross percent of the total payments to be made and form in which it has complied with payments made by the holder. This sub­ thereon,1 (2) more than 20 percent of the order to cease and desist contained section also gives the Commission au­ any 1 year’s payments are deducted herein. thority to adopt rules specifying such re­ for sales load, (3) more than an average It is further ordered, That respondents serve requirements as it deems neces­ of 16 percent is deducted from the first notify the Commission at least thirty sary or appropriate in order for such 48 monthly payments, or (4) the amount (30) days prior to any proposed change depositors and underwriters to carry out deducted for sales load in any month on in the corpprate respondents such as their obligations to refund sales charges. any payment in excess of the minimum dissolution, assignment or sale result­ Subsection (e) requires that any regis­ monthly payment, or its equivalent, ex­ ing in the emergence of a successor cor­ tered company which issues periodic ceeds the sales load applicable to pay­ poration, the creation or dissolution of payment plant certificates subject to sub­ ments subsequent to the first 48 monthly subsidiaries or any other change in the section (d) or any depositor or under­ payments or their equivalent. corporation which may affect compli­ writer for such a company must give New subsection (f) requires the cus­ ance obligations arising out of the order. written notice of the refund rights speci­ todian bank for any periodic payment Issued: February 19,1971. fied in subsection (d) to certificate plan to mail to each certificate holder holders who have missed a specified num­ within 60 days after issuance of the cer­ By the Commission. ber of payments. In addition, subsection tificate, a statement of charges2 to be deducted from the projected payments [ seal] C harles A. T o bin, (e) authorizes the Commission to make Secretary. rules specifying the method, form, and on the certificate and a notice of his contents of such notice. right of withdrawal. Under this new sub­ [PR Doc.71-4333 Plied 3-29-71;8:47 am] In connection with subsection (d), it section, a certificate holder may within should be noted that the refund obliga­ 45 days of the mailing of such notice tion of the depositor or underwriter of surrender his certificate and receive in the registered company issuing the peri­ payment thereof, in cash, the sum of (1) Title 17— COMMODITY AND odic payment plan certificate, which is the value of his account and (2) an required to be embodied in the certifi­ amount, from the underwriter or de­ cate, may be considered to be an evi­ positor, equal to the difference between SECURITIES EXCHANGES dence of indebtedness, and thus a secu­ the gross payments and the net amount Chapter II— Securities and Exchange rity as defined by section 2(1) of the invested. It should be noted that tins Commission Securities Act of 1933, Which might be provision affords the certificate holder the right to a complete refund of all [Release No. IC-6392] required to be registered under that Act. Also, depending upon the use of the por­ PART 271— INTERPRETATIVE RE­ tion of the proceeds from the sale of the 1 Although section 27 of the Act provide LEASES RELATING TO THE INVEST­ plan which is held in reserve to meet the an outer limit of a 9 percent sales load. ° MENT COMPANY ACT OF 1940 refund obligations, the depositor or un­ any periodic payment plan certificate, tm^ derwriter may be an investment com­ provision does not limit in any way the au­ AND GENERAL RULES AND REGU­ pany for the purposes of the Investment thority of the National Association of Secu­ LATIONS THEREUNDER rities Dealers, Inc., or of the Commission Company Act. However, the Commis­ under section 22(h) to make rules to pro­ Periodic Payment Plans and Face- sion will deem the requirements of the Securities Act to be met with respect to hibit excessive sales loads. . Amount Certificates s The charges which must be described, the refund obligation and will not raise such statement include the sales load unci a This is the second in a series of re­ any questions under the Investment other custodial, administrative, and simi leases relating to the Investment Com­ Company Act at this time, if the de­ charges imposed in connection with the sa pany Amendments Act of 1970 (1970 positor or underwriter makes adequate of a certificate.

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 RULES AND REGULATIONS 5841

charges imposed in connection with the (b) Under the periodic payment plans now (S) FOR COMPANIES WHICH HAVE DETERMINED sale plus the then value of his account, in effect, and being offered by this prospectus, NOT TO ELECT TO BE GOVERNED BY SECTION whether such certificate is sold subject 50 percent of the total payments made dur­ 27(h) ing the first 12 months or their equivalent to subsection (d) or subject to subsection is deducted as sales charges. (1) Effective Under recent amendments to the Invest­ (h) . June 14, 1971, registered investment com­ ment Company Act of 1940, a planholder who Subsection (f) gives the Commission panies issuing periodic payment plan cer­ starts a periodic payment plan on or after authority to adopt rules specifying the tificates may elect to sell periodic payment June 14, 1971, will have certain new rights, plans under which no more than 20 percent including (a) a 45-day right of withdrawal method, form, and contents of the notice and refund, and (b) a right to receive a required by this subsection. Also, the of any payment is deducted for sales charges and no more than an average of 16 percent refund of a portion of the sales charges dur­ Commission is given authority to adopt is deducted for sales charges from the first ing the first 18 months of the plan. You rules specifying such reserve require­ 48 payments. Under this provision, in ad­ should consider these rights, explained below, ments as it deems necessary or appro­ dition to these direct limits on sales charges, in deciding whether to purchase a periodic priate in order for underwriters and de­ a substantially larger portion of the plan­ payment plan before that date. positors of such registered companies to holder’s early payments would be invested on (a) The first right, a 45-day right of with­ carry out their obligations to refund his behalf in the shares of the underlying drawal, enables a new planholder to surren­ sales charges as required by the subsec­ investment company than under the periodic der his periodic payment plan certificate for tion. The Commission intends to propose payment plans presently being offered. The "any reason within 45 days after the custodian sponsor has not yet determined whether it bank mails the planholder a notice of that rules on these subjects in the near future. will elect to offer periodic payment plans on right and to receive in cash the value of his It is clear that the amendments to sec­ this basis, (ii) If it does not elect to do so, account plus an amount equal to the differ­ tion 27 of the Investment Company Act a planholder who starts his periodic pay­ ence between the gross payments made and will permit a person on and after June 14, ment plan on or after June 14, 1971, will the net amount invested. 1971, to purchase a periodic payment be entitled, at any time within 18 months (b) New planholders will also have an­ plan certificate on substantially more after the issuance of his certificate, to sur­ other right which may substantially increase advantageous terms. The Commission render that certificate and receive in cash the amount recoverable on certificates sur­ the value of his account plus that part of rendered during the first 18 months after believes that it is important for investors the amount which he has paid for sales their issuance. A planholder who starts a to consider these factors in deciding charges which exceeds 15 percent of his gross plan on or after June 14, 1971, will be en­ whether or not to purchase periodic pay­ payments. Holders of periodic payment plans titled, at any time within 18 months after ment plan certificates prior to June 14, now in effect or purchased before June 14, the issuance of his certificate, to surrender 1971, and that they constitute material 1971, will not be entitled to any of the above his certificate and receive in cash the value facts which should be disclosed no later rights. Under such plans a planholder who of his account plus that part of the amount than April 1, 1971, on the front page of redeems during the flrst 18 months receives which he has paid for sales charges which only the net asset value of his plan. exceeds 15 percent of his gross payments. In the prospectuses of issuers of such certif­ addition, a new planholder who misses speci­ icates. For this purpose, amendments (2) FOR COMPANIES WHICH ELECT TO BE fied numbers of payments during this 18- may be made pursuant to Rule 424(c) GOVERNED BY SECTION 27(h) month period will be sent a notice informing under the Securities Act of 1933. The Under recent amendments to the Invest­ him of (1) his right to surrender, (2) the Commission would ordinarily consider ment Company Act of 1940, a planholder value of his account at the time of the mail­ acceptable language which substantially who starts a periodic payment plan on or ing of the notice, and (3) the amount to conforms to the following guidelines: after June 14, 1971, will have certain new which he is entitled. Holders of periodic rights, including (a) a 45-day right of with­ payment plans now in effect or purchased Guidelines foe Su ppl em en t s to P rospec­ drawal and refund, and (b) a limit on the before June 14, 1971, will not be entitled to tuses of R egistered I nvestm ent Com panies amounts which may be deducted for sales any of the above rights. Under such plans Issuing P eriodic P aym ent P lans charges from payments during the early 50 percent of total payments made during The following guidelines for supplements years. You should consider these rights, ex­ the first 12 months or their equivalent is are presented in three versions. The first ver­ plained below, in deciding whether to pur­ deducted as sales charges and a planholder sion should he used by companies which chase a periodic payment plan before that who redeems during the first 18 months re­ have not yet determined whether they will date. ceives only the net asset value of his plan. he governed by the provisions of section (a) The first right, a 45-day right of with­ F ace-Amount Certificates 27(h) or the provisions of sections 27 (a) and drawal, enables a new planholder to sur­ (d). The second version should be used by render his periodic payment plan certificate The 1970 Act adds a new section 28(i) companies which elect or plan to elect to for any reason within 45 days after the cus­ to the Investment Company Act which be governed by section 27(h). The third todian bank mails the planholder a notice increases reserve requirements for face- version is for use by companies which plan erf that right and to receive in cash the to be governed by sections 27 (a) and (d). amount certificates issued on and after value of his account plus an amount equal June 14,1971. Instead of the present cer­ (i) for companies w h ic h have n o t deter­ to the difference between the gross payments tificate reserve requirement of 50 per­ mined WHETHER TO BE GOVERNED BY SEC­ made and the net amount invested. TION 27(h) (b) The second right will substantially cent the first year, the amendment reduce the sales load which may be deducted requires that the reserve payment or Under recent amendments to the Invest­ from payments made during the early years payments on such certificates for the first ment Company Act of 1940, a planholder of the plan, and thus would reduce effective 3 certificate years must amount to at who starts a periodic payment plan on or after June 14, 1971, will have certain new charges for certificates surrendered during least 80 percent of the required gross such early years. Starting June 14, 1971, the annual payment for those years, 90 per­ nghts including (a) a 45-day right of with­ sponsor intends, to offer periodic payment drawal and refund, and (b) either (i) a plans under which no more than 20 percent cent in the fourth certificate year, 93 direct limit on the amounts which may be percent in the fifth year and 96 percent deducted for sales charges from payments of any payment will be deducted for sales charges and no more than an average of 16 in subsequent years. during the early years of the plan, or (ii) percent will be deducted for sales charges on an indirect limit on such charges in the the first 48 payments. Under this new plan In effect, this amendment reduces the orm of a right to receive a refund of a por­ a substantially larger portion of a plan- front-end load on face-amount certifi­ tion of the sales charges during the first holder’s early payments will be invested on cates sold on and after June 14, 1971, o months of the plan. You should consider his behalf in the shares of the underlying rights, explained below, in deciding to 20 percent in each of the first 3 years, ether to purchase a periodic payment plan investment company than under the periodic 10 percent in the fourth year, 7 percent hdfore that date. payment plans offered by this prospectus and in the fifth year and 4 percent in subse­ rt J®?** flrst ri§h t. a 45-day right of with­ presently in effect. Holders of periodic pay­ quent years. It also provides for similar drawal, is applicable to all such plans. A new ment plans now in effect or purchased before Planholder will be entitled to surrender his June 14, 1971, will not be entitled to any of reductions in any surrender charges on periodic payment plan certificate for any the above rights. Under such plans, 50 per­ face-amount certificates issued on and reason within 45 days after the custodian after June 14, 1971. mails the planholder a notioe of that cent of the total payments made during the gnt and to receive in cash the value of first 12 months or their equivalent is de­ Several face-amount certificate com­ diff account Pins an amount equal to the ducted as sales charge and a planholder who panies are already offering certificates anrt6*lnce between hi16 gross payments made redeems receives only the net asset value of which meet the requirements of the d the net amount invested. his plan. amendment. However, other companies

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 5842 RULES AND REGULATIONS now offering or selling face-amount cer­ § 2.121 Redelegations of authority from (ii) Be restricted in validity to a tificates which do not comply with the the Commissioner to other officers period not later than November 1 ,1971; requirements of new section 28 (i) should of the Administration. and disclose in their prospectuses no later * * # * * (ill) Bear a statement of the purpose than April 1, 1971, the reduced sales and (t) Delegation ^regarding issuance of for which it is issued. surrender charges which will be avail­ notices of filing of petitions and notices * * * * * able on and after June 14, 1971, since of proposed rulemaking pertaining to the Commission believes that such Effective date. This amendment is ef­ food standards, food additives, and color fective upon publication in the F ederal changes constitute material facts which additives. The Director of the Bureau of investors should consider in deciding R egister (3-30-71) and shall remain in Poods is authorized to perform all the effect until November 1, 1971. whether or not to purchase face-amount functions of the Commissioner of Food certificates. (Sec. 1, 44 Stat. 887, sec. 4, 63 Stat. Ill, as and Drugs under sections 401, 409, and amended; 22 U.S.C. 211a, 2658, E.O. 11295; By the Commission, March 19, 1971. 706 of the Federal Food, Drug, and 3 CFR, 1966 Comp.) Cosmetic Act regarding the issuance of [ seal] R osalie S chneider, notices of filing of petitions and notices For the Secretary of State. Recording Secretary. of proposed rulemaking pertaining to B arbara M. W atson, [FR Doc.71-4413 Filed 3-29-71;8:50 am] food standards, food additives, and color Administrator, Bureau of additives. Security and Consular Affairs. Effective date. This order shall be ef­ M arch 17, 1971. fective upon publication in the F ederal [FR Doc.71-4356 Filed 3-29-71;8:49 am] Title 20— EMPLOYEES’ R egister (3-30-71). (Sec. 701(a), 52 Stat. 1055; 21 U.S.C. 371(a) ) BENEFITS Dated: March 18, 1971. Chapter III-— Social Security Admin­ Title 24— HOUSING AND istration, Department of Health, Charles C. E dwards, Commissioner of Food and Drugs. Education, and Welfare HOUSING CREDIT [FR Doc.71-4320 Filed 3-29-71;8:45 am] [Regis. No. 5, further amended] Chapter VII— Federal Insurance Ad­ ministration, Department of Hous­ PART 405— FEDERAL HEALTH ing and Urban Development INSURANCE FOR THE AGED (1965-— ) Title 22— FOREIGN RELATIONS SUBCHAPTER A— NATIONAL INSURANCE Subpart D— Principles of Reimburse­ Chapter I— Department of State DEVELOPMENT PROGRAM ment for Provider Costs and for [Departmental Reg, 108.636] PART 1906— STANDARD REINSURANCE CONTRACT Services by Hospital-Based Physi­ PART 51— PASSPORTS cians The purpose of the following revision Compensation of O w ners Issuance of Passports to Boy Scouts is to offer Federal reinsurance against Attending World Jamboree of Boy excess aggregate losses from riots and Correction Scouts civil disorders, as defined in § 1906.21, to In P.R. Doc. 71-3996 appearing on page insurance companies eligible under 5488 in the issue for Wednesday, Part 51, Chapter I, Title 22, of the Code § 1906.35 for such coverage, for the May March 24, 1971, the word “provided” in of Federal Regulations is amended in 1, 1971, through April 30, 1972, contract the ninth line of § 405.426(d) (1) should accordance with section 4 of the Act of year; and to set forth the terms, condi­ read “provider”. December 9, 1970 (Public Law 91-539),- tions, and premium rates for such cov­ governing the issuance of passports to erage. The principal changes in the con­ Boy Scouts, Scouters, or officials of the tract from the preceding year are (1) Boy Scouts of America who are nationals a reduction in the basic premium rate Title 21— FOOD AND DRUGS of the United States for use in attending from $0.30 to $0.15 per $100 of direct the World Jamboree of Boy Scouts to be earned premiums, to be paid in a single Chapter I— Food and Drug Adminis­ held in Japan in July and August 1971. installment; (2) a reduction from $2.50 tration, Department of Health, Ed­ Section 51.63(a) is amended by adding to $2 per $100 of direct earned permiums ucation, and Welfare a new subparagraph (4) to read as in the assessment liability under follows: § 1906.27, combined with an elimination SUBCHAPTER A— GENERAL § 51.63 Exemption from payment of of credits against net retention (and PART 2— ADMINISTRATIVE FUNC­ passport or fee. its concomitant recordkeeping require­ TIONS, PRACTICES, AND PROCE­ (a) * * * ments) and provision for making such assessments (where necessary) in incre­ DURES (4) Any Boy Scout, Scouter, or officialments of $0.10; and (3) the establish­ of the Boy Scouts of America, who is a Subpart H— Delegations of Authority ment of a $25 minimum premium under national of the United States and who is § 1906.31 for each reinsured State. I ssuance of Certain N otices R egarding certified by a responsible official of the National Council, Boy Scouts of Amer­ Insurers may enter into the contract F ood S tandards, F ood A dditives, and with the Federal Insurance Administra­ C olor A dditives ica, as a representative of the Boy Scouts of America at the World Jam­ tion in the manner prescribed by Under authority vested in the Secre­ boree, Boy Scouts, in Japan in July and § 1906.24. tary of Health, Education, and Welfare August 1971. No person described in this Notice and public procedure upon this by the Federal Food, Drug, and Cosmetic subparagraph (4) shall be required to revision are not required inasmuch as 11 Act (sec. 701(a), 52 Stat. 1055; 21 U.S.C. pay an execution fee when his passport relates only to a contract (5 U.S.C. 871(a)) and delegated to the Commis­ application is executed before a Federal 553(a)(2)). sioner of Food and Drugs (21 CFR 2.120), official. Each passport issued under this Part 1906 is revised to read as follows: the following new paragraph is added to subparagraph (4) shall: Sec. § 2.121 to establish the described delega­ (i) Include only the name of the1906.20 Statement of applicable law. tion of authority : applicant; 1906.21 Definitions.

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 RULES AND REGULATIONS 5843

Sec. panies within a State in which reinsur­ expense in connection therewith, hereby 1906.22 Offer to provide reinsurance. ance is to be provided under the contract agreed to equal an amount per claim of 1906.23 Effective date of offer. which as determined by the reinsurer; eight per centum (8%) of the first 1906.24 Acceptance of offer. (1) Are under common ownership and $25,000 of any such claim, plus three per 1906.25 Policies reinsured. centum (3%) of the amount by which 1906.26 Premiums. ordinarily operate on a group basis; or 1906.27 Assessments. (2) Are under single management di­ such claim exceeds $25,000 but is less 1906.28 Claims. rection; or than $100,000, plus one per centum 1906.29 Inception and expiration dates. (3) Are otherwise determined by the (1%) of the amount by which the claim 1906.30. Cancellations. reinsurer to have substantially common exceeds $100,000; 1906.31 Adjustments. or interrelated ownership, direction, (i) “Net retention” means the amount 1906.32 Insolvency. management, or control; then all such of aggregate losses that the company 1906.33 Errors and omissions. related, associated, or affiliated com­ must stand before the reinsurer’s liability 1906.34 Restriction of benefits. 1906.35 Participation in statewide plans. panies, excluding nonadmitted com­ attaches under the contract and shall be 1906.36 Limitations on reinsurance. panies which are not specifically in­ one aggregate figure for each State 1906.37 Arbitration. cluded by endorsement to the contract, which shall be the larger of either $1,000 1906.38 Access to books and records. shall be reinsured only as one aggregate or the amount determined by applying 1906.39 Information and annual statements. entity; a factor of two and one-half per centum (d) “Continuing organization, pool, or (2Y2%) to the specified percentage of Authority: The provisions of this Part 1906 issued under title XII, National Hous­ association of insurers” means an indus­ the company’s direct premiums earned ing Act, added by the Urban Property Pro­ try pool created to provide direct insur­ in the State for the calendar year 1971 tection and Reinsurance Act of 1968 (secs. ance to meet special problems of insura­ on those lines of insurance reinsured; 405-407, Public Law 91-152, Dec. 24, 1969), bility, such as for a particular class or (J) “Property owner” means any in­ 12 U.S.C. 1749bbb—1749bbb-21; 5 U.S.C. 553; type of business; dividual or group of individuals, corpo­ and Secretary’s delegation of authority to (e) “Contract” means the Standard ration, partnership, or association, or Federal Insurance Administrator, effective Reinsurance Contract; any other organized groups of persons February 27,1969 (34 FJt. 2680). (f) “Direct premiums earned” means having an insurable interest in any real, § 1906.20 Statement of applicable law. direct premiums earned as reported in personal, or mixed real and personal Title XTI of the National Housing Act column 2 on page 14 of the company’s property; (hereinafter referred to as the Act), Fire and Casually Annual Statement for (k) “Reinsurer” means the Federal added by the Urban Property Protection the specified calendar year, in the form Insurance Administrator; and Reinsurance Act of 1968, 12 U.S.C. adopted by the National Association of (l) “Riot” means any tumultuous dis­ 1749bbb—1749bbb-21, provides for a Na­ Insurance Commissioners, subject to (1) turbance of the public peace by three or tional Insurance Development Program. adjustment as approved by the reinsurer more persons mutually assisting one an­ Pursuant to this title, the Secretary of for cessions to pools, facilities, and asso­ other, or otherwise acting in concert, in Housing and Urban Development is au­ ciations, and for the inclusion of partici­ the execution of a common purpose by thorized to offer to any insurer reinsur­ pations in such pools, facilities, and asso­ the unlawful use of force and violence ance against losses resulting from riots or ciations, and (2) such other appropriate resulting in property damage of any civil disorders, in all standard lines of adjustments as may be approved or re­ kind; property insurance enumerated under quired by the reinsurer, which shall in­ (m) “Specified percentage” means subparagraphs (A) through (E) of sec­ clude adjustments for dividends paid or credited to policyholders and reported in one hundred per centum (100%) of the tion 1203(a) (13) of the Act taken to­ direct premiums earned for each line of gether, and, with respect to any State in column 3 on page 14, subject to a maxi­ mum credit of 20 per centum of direct insurance reinsured under the contract, which such reinsurance is purchased, to except that the specified percentage of offer reinsurance individually on the premiums earned for any one line of Homeowners multiple peril shall be standard lines of property insurance insurance; eighty-five per centum (85%) and that enumerated under subparagraphs (P) (g) “Excess aggregate losses” means that part of aggregate losses which is of Commercial multiple peril shall be through (J) of said section. Principal sixty-five per centum (65%); eligibility requirements under the Act for equal to the sum of— (1) 90 percent of the company’s ag­ (n) “State” means the several States, such reinsurance are set forth in the District of Columbia, the Common­ § 1906.35. gregate losses in excess of its net reten­ tion until the company's 10-percent wealth of Puerto Rico, the territories § 1906.21 Definitions. share of aggregate losses under this sub- and possessions, and the Trust Territory As used in this part: paragraph (1) equals the amount of its of the Pacific Islands; and (a) “Aggregate losses” means the sum net retention; (o) “State pool” means any State pool total of losses resulting from riots or (2) 95 percent of the company’s re­ or other facility required under State law civil disorders occurring in a State and maining aggregate losses (after deduct­ or approved by the State insurance au­ allocable to a State in which reinsur­ ing the reinsurer’s share of aggregate thority which is formed, associated, or ance is provided; losses under subparagraph (1) of this otherwise created as part of a statewide (b) “Civil disorder” means: paragraph in excess of twice its net re­ plan for the purpose of making property . (D Any pattern of unlawful inci­ tention, until the company’s 5-percent insurance more readily available. dents taking place within close proximity share of aggregate losses under this sub- §1906.22 Offer to provide reinsurance. as to time and place and involving prop­ paragraph (2) equals the amount of its net retention; and Pursuant to the provisions of the erty damage intentionally caused by per- Urban Property Protection and Reinsur­ apparently having civil disruption, (3) 98 percent of the company’s re­ ance Act of 1968, and subject to the civil disobedience, or civil protest as. a maining aggregate losses (after deduct­ terms and conditions set forth in this primary motivation, at least two of which ing the reinsurer’s share of aggregate part, the reinsurer offers to «iter into a incidents result in property damage in losses under subparagraphs (1) and (2) contract to pay, as reinsurance of the excess of $1,000 each; or of this paragraph) in excess of an company, the amount of the company’s (2) Any occurrence of property dam­amount equal to three times its net excess aggregate losses resulting from age m excess of $2,000 caused by persons retention; riots or civil disorders in such lines of whose unlawful conduct in causing the (h) “Losses” means all claims proved, mandatory and optional coverage as may occurrence clearly manifests their pri- approved, and paid by the company be designated by the company separately inary purpose of civil disruption, civil under reinsured policies, resulting from for each State. uisobedence, or civil protest; riots or civil disorders occurring in a oi ‘.‘Company” means any company State during the period of the contract, § 1906.23 Effective date of offer* authorized to engage in the insurance after making proper deduction for sal­ The reinsurer’s offer to provide rein­ J^mess under the laws of any State, ex- vage and for recoveries other than rein­ surance under the terms and conditions CvPt that if there are two or more com­ surance, together with an allowance for set forth in this part is effective at the

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 5844 RULES AND REGULATIONS time this document is filed for public § 1906.26 Premiums. State during the period of -the contract, ! inspection at the Office of the Federal (a) The aggregate basic premium due which in total exceed its net retention I Register. for all such lines, and as a result lodges the reinsurer for the reinsurance cover­ claims against the reinsurer, then the § 1906.24 Acceptance of offer. age provided under the contract shall be computed by applying an annual rate of company, on demand of the reinsurer, (a) Acceptance of this offer shall be fifteen hundredths of one per centum shall pay to the reinsurer an assessment by telegraphed or mailed notice of ac­ (0.15%) to an aggregate premium base sufficient to meet the company’s equit­ ceptance to the reinsurer. The date of consisting of the sum of the products of able share of all such excess aggregate dispatch of this notice of acceptance, the company’s direct premiums earned losses incurred in the State, but only to which date should be no later than 12 in each State in each reinsured line for the extent that such losses exceed the p.m., e.s.t., April 30,1971, must be clearly the calendar year 1971 multiplied by the unused net amount of all reinsurance shown either by telegraph dispatch nota­ specified percentage of such earned pre­ premiums paid or payable by all rein­ tion or postmark. miums, as defined in § 1906.21 (f) and sured companies into the National Insur­ (b) The telegram or letter accepting (m ). ance Development Fund for the period this offer of reinsurance must indicate (b) An advance premium, which shall from August 1, 1968, through April 30, the States in which reinsurance on lines be an estimated premium only, shall be 1972 (including interest earned thereon), of mandatory coverage is to be provided computed by the company on the basis of for reinsurance in such State. Such share and must specifically designate for each its direct premiums earned in the calen­ shall be in the proportion that— such State the lines of optional cover­ dar year 1970 in the manner required for (a) The amount, if any, by which the age for which reinsurance is to be pro­ the computation of the aggregate basic company’s net retention in lines rein­ vided. This notice of acceptance shall be premium. If any line of insurance is sured under the contract in such State in substantially the following form: added during the term of the contract exceeds the company’s aggregate losses The [name of insurer or insurers] hereby for which the company had no premium in such lines, bears to accepts the offer as filed with the Office of writings in 1970, the premium base for the Federal Register of a Standard Re­ (b) The aggregate amount of un­ insurance Contract pursuant to the Urban the advance premium shall be estimated absorbed net retention for all the lines of Property Protection and Reinsurance Act by State for the period from the date of insurance of all companies reinsured of 1968 for the mandatory and [specify] attachment of coverage to the expiration under the contract in such State, optional lines in the following States: date of the contract. The aggregate ad­ [specify]; vance premium shall be paid to the re­ but such share shall not exceed the insurer without demand within 30 days amount of the company’s unabsorbed net (c) Any company accepting this offer from the effective date of coverage. In­ retention under paragraph (a) of this of reinsurance in accordance with para­ terest shall accrue at six per centum section. An assessment will be required graphs (a) and (b) of this section shall (6% per annum on any portion of the only after the termination of coverage be supplied copies of the Standard Re­ advance premium which is not paid on provided by the contract. insurance Contract, Form HUD-1601, for or-before 30 days from its due date. The § 1906.28 Claims. execution and return to the reinsurer. actual amount of the aggregate basic (a) The company shall advise the re­ § 1906.25 Policies reinsured. premium shall subsequently be computed insurer by letter (1) of all losses from a (a) Reinsurance, under a Standard and adjusted in accordance with the pro­ single occurrence which exceed $50,000 Reinsurance Contract provided pursuant visions of this § 1906.26 and'§ 1906.31. and (2) whenever it appears that aggre­ to this offer, shall apply to: (c) If at any time the total amount of gate losses have been incurred in an (1) All policies or contracts of direct excess aggregate losses incurred by the amount equal . to ninety per centum property insurance issued by the com­ reinsurer under the contract and all like (90%) of the company’s net retention in pany to any property owner, except for Standard Reinsurance Contracts issued any State, on the basis of its direct policies for which the business is han­ during the period between May 1, 1971, premiums earned and reported to the and April 30, 1972, exceeds the total net reinsurer for the calendar year 1970. dled for or through any State pool or any amount of all advance premiums col­ other continuing organization, pool, or lected by the reinsurer during the same (b) When the company incurs aggre­ association of insurers, and period under all such contracts, the com­ gate losses which exceed its net retention (2) The company’s participations in pany shall be obligated to pay to the re­ in any State, the company may make State pools and, as may be approved by insurer as an additional premium an claim upon the reinsurer for the pay­ the reinsurer, in other continuing orga­ amount equal to ten hundredths of one ment of excess aggregate losses in that nizations, pools, or associations of per centum (0.10%) of its aggregate State by filing a certification of loss and insurers, premium base as defined above. Such thereafter such supporting documenta­ which policies, contracts, or participa­ additional premium shall be payable tion of such losses as may be required by tions are in force on the effective date within 30 days after the demand of the the reinsurer, and following the receipt of the contract or which commence or reinsurer, either as an additional advance of such certifications and documentation premium estimated on the basis of direct the reinsurer shall, as promptly as pos­ are renewed on or after such effective sible, in such installments and on such date in all the mandatory and in such premiums earned for the year 1970 (and conditions as may be determined by the optional standard lines of property in­ subject to adjustment in accordance reinsurer to be appropriate (including surance listed under paragraphs (b) and with § 19Q6.31) or subsequent to adjust­ advance payments made on the basis of (c) of this section as may be designated ment, whichever the reinsurer may de­ preliminary certifications of loss filed m separately for each State. termine to be appropriate. advance of the final determination of the (b) The lines of mandatory coverage (d) The aggregate basic premium, to­ ultimate amount of losses paid), pay to are: gether with any additional premium the company the amount of such excess (1) Fire and extended coverage; which may be due the reinsurer in ac­ aggregate losses subject to adjustments (2) Vandalism and malicious mis­ cordance with the preceding paragraph, on account of underpayments or chief ; shall constitute the minimum reinsur­ overpayments. (3) other allied lines of fire insurance; ance premium payable for coverage (4) Burglary and theft; and (c) If the ultimate amount of losses under the contract; and such reinsur­ to be paid by the company has not been (5) Those portions of multiple peril ance premium shall be deemed fully policies covering similar perils to those finally determined when the certification earned on the date that such reinsurance of loss is filed, the company shall, in du provided in subparagraphs (1), (2), (3), coverage attaches, except as otherwise course, file one or more supplementary and (4) of this paragraph. provided in § 1906.30. (c) The lines of optional coverage are: certifications of loss and thereafter t (1) Inland marine; § 1906.27 Assessments. reinsurer or the company, as the cas (2) Glass; If any other company (or companies) may be, shall pay the balance due. (3) Boiler and machinery; reinsured by the reinsurer under a like (d) Claims paid pursuant to computa­ (4) . Ocean marine; and Standard Reinsurance Contract incurs tions of net retentions based upon tne (5) Aircraft physical damage. aggregate losses in reinsured lines in any direct premiums earned for the calend

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 RULES AND REGULATIONS 5845

year 1970 shall be recomputed and ad­ (1) The number of days for which cov­ of such claim the reinsurer may investi­ justed at the termination of the cover­ erage was provided prior to the cancella­ gate such claim and interpose, at its own age provided by the contract on the basis tion of such coverage plus 30, to expense, in the proceeding where such of direct premiums earned in reinsured (2) The total number of days of cov­ claim is to be adjudicated, any defense or lines for the calendar year 1971. erage provided under the contract from defenses which may be deemed available the inception of such coverage up to and to the company or its liquidator, receiver, §1906.29 Inception and expiration including April 30, 1972. or statutory successor. The expense thus dates.' (d) In the event of any cancellationincurred by the reinsurer shall be charge­ (a) Provided the company has re­ of reinsurance coverage under this able, subject to court approval, against quested reinsurance by States and lines § 1906.30, the net retention and assess­ the company as part of the expense of of coverage on or before April 30, 1971, ment of such company shall be com­ liquidation to the extent of a proportion­ the Standard Reinsurance Contract shall puted, without proration, on the basis ate share of the benefit which may ac­ be in effect from 12:01 a.m., e.s.t., on of the direct premiums earned for the crue to the company solely as a result of May 1, 1971, and shall expire at 12 pjn. calendar year 1971. Refunds of premi­ the defense undertaken by the reinsurer. (midnight), e.s.t., on April 30, 1972, un­ ums, if any, due the company upon can­ less sooner terminated. cellation may, at the discretion of the § 1906.33 Errors and omissions. (b) If the company applies for cover­ reinsurer, be deferred until after final Inadvertent delays, errors, or omissions age on or after May 1,1971, the contract adjustments have been made in accord­ made in connection with any transac­ shall be effective from 12:01 a.m., e.s.t., ance with the provisions of § 1906.31. tion under the contract shall not relieve on the day after such application is dis­ § 1906.31 Adjustments. either party from any liability which patched, as determined by the date of would have attached had such delay, er­ postmark or telegram, provided the com­ (a) The company shall report to the ror, or omission not occurred, provided pany requests coverage by State and line reinsurer within 60 days after request always that such delay, error, or omis­ and otherwise complies with th e eligibil­ its direct premiums earned for the calen­ sion is rectified as soon as possible after ity requirements of the contract. dar year 1971 in all reinsured lines in all discovery. States for which reinsurance was pro­ (c) The contract applies only to losses § 1906.34 Restriction of benefits. occurring during the term of the con­ vided under the contract, for the pur­ tract as follows: pose of computing and adjusting the No Member of or Delegate to Congress, reinsurance premium due to the rein­ (1) If at the inception of the con­ or Resident Commissioner, shall be ad­ tract any riot or civil disorder is in prog­ surer with respect to the coverage pro­ mitted to any share or part of the con­ ress, no coverage shall be provided for vided. The direct premiums earned to tract, or to any benefit that may arise losses resulting therefrom unless the con­ be reported for any line of insurance therefrom; but this provision shall not be added during the contract term for any construed to extend to the contract if tract is a continuation of coverage from State in which the company had no pre­ the previous year’s contract. made with a corporation for its general mium writings in such line in 1971 shall benefit. (2) If the contract terminates while a be the direct premiums earned for the riot or civil disorder is in progress, no first 4 months of 1972 as estimated by § 1906.35 Participation in statew id e coverage shall be provided for any losses the company, subject to audit by the plans. resulting therefrom which occur after reinsurer. (a) No reinsurance shall be offered or the date and time of termination of the (b) In no event shall the adjusted effective under the contract in any State contract. ’ amount of direct premiums earned by unless there is in effect in such State, on § 1906.30 Cancellations. the company result in a basic premium to the date coverage commences, a continu­ the reinsurer in an amount less than $25 ing statewide plan to make essential (a) Reinsurance under the contract for each State during the contract year, property insurance more widely avail­ may be canceled by the company in its which shall constitute the minimum ad­ able, and the company is fully participat­ entirety or with respect to any State justed reinsurance premium for any ing in such plan on a risk-bearing basis upon written notice by the company to State under the contract. and is certified by the State insurance the reinsurer stating that it desires to (c) On or before July 31, 1972, or authority as meeting the requirements of cancel the reinsurance coverage specified such later date as may be permitted at this § 1906.35. Except with respect to its and that it will pay any premium due the the option of the reinsurer, the company runoff business after ceasing to do busi­ reinsurer in accordance with the provi­ shall report to the reinsurer its aggre­ ness within a State, the company shall sions of the contract, subject to any ad­ gate losses, for the purpose of comput­ not be eligible for reinsurance under the justments which may be required under ing and adjusting excess aggregate losses contract in any State in which it is not § 1906.31: Provided, however, That no and assessments. engaged in the direct writing of property coverage shall attach Under the contract (d) Any overpayment of underpay­ insurance at the time coverage is re­ if the company has willfully concealed ment between the reinsurer and the com­ quested, or in which it is writing business or misrepresented any material fact with pany shall be adjusted and paid in ac­ on a nonadmitted basis, unless it reports respect thereto. cordance with the obligations assumed such nonadmitted business to the State (b) Reinsurance under the contract under the contract. insurance authority and participates in way be canceled by the reinsurer in its § 1906.32 Insolvency. the statewide plan of such State on the entirety ojr with respect to any State basis of such reported business. The com­ upon 30 days written notice to the com­ (a) In the event of insolvency, of the pany shall file and maintain with the pany of such cancellation, stating the company the reinsurance under the con­ State insurance authority in each State reasons for cancellation, which shall be tract shall be payable by the reinsurer to in which it is participating in the state­ limited to one or more of the following the company or to its liquidator, receiver, wide plan a statement pledging its full grounds: Fraud or misrepresentation or statutory successor on the basis of the subsequent to the inception of the con­ liability of the company under all poli­ participation and cooperation in carry­ tract, nonpayment of premium or any cies, contracts, or participation shares re­ ing out the plan and shall file a copy of other amount due the reinsurer, and the insured without diminution because of each such statement with the reinsurer. grounds set forth in paragraph (b) of the insolvency of the company. The company shall not direct any agent, § 1906.36. (b) It is further agreed that the liq­ broker, or other producer not to solicit (c) Whenever the reinsurer deter­ uidator, or receiver, or statutory suc­ business through such plans and shall not g e s , in his discretion, that any can­ cessor of the company shall give written penalize in any way any agent, broker, or notice to the reinsurer of the pendency cellation of reinsurance is involuntary pf any claim against the company on the other producer for submitting applica­ Mid without fault on the part of the policies, contracts, or participation shares tions for insurance under such plans. The company, the premium due the reinsurer reinsured within a reasonable time after company shall also establish and carry for the coverage afforded under the con­ such claim is filed in the insolvency pro­ out an education and public information tract shall be prorated in the ratio of— ceeding, and that during the pendency' program to encourage agents, brokers.

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 No. ei-----8 5846 KIKES AND REGULATIONS and; other producers Co utilize Che pro­ o f the Urban Property Protection and 1749bbb-21, in such form as the rein­ grams and facilities available under such Reinsurance Act of 1963; '12 U.S.C. surer, in cooperation with the Stale statewide plans. 1749bbb-1749bbb-21, and to all regula­ insurance authority, shall prescribe; and (b) In the event that the companytions, duly promulgated by the reinsurer the company shall file with the reinsurer after the inception of the contract volun­ pursuant thereto prior to the inception a true and’correct copy of the company’s tarily withdraws from any State plan, of any particular coverage provided Fire and Casualty Annual Statement, or pool,, or other facility required by the. under the contract. amendment thereof, as filed with the provisions of this section, such with­ §. 1906.37 Arbitration. State insurance authority of the com­ drawal shall be deemed to constitute pany’s domiciliary State, at the time it cancellation by the company with respect (■a) If any misunderstanding or dis­ files such statement or fl-mpndmpnt with to that State as of the effective date of pute arises between the company and the the State insurance authority.. The com­ the withdrawal. reinsurer with reference to the amount pany shall also file with the reinsurer of premium due, the amount of loss, or an equivalent of page 14 of such annual § 1906.36 Limitations on reinsurance. to any other factual issue under any pro­ statement for each State in which rein­ (a) Reinsurance hereunder shall not vision of the contract, other than as to surance is provided under the contract. be applicable to insurance policies sub­ legal liability or interpretation of law, sequently written in a State by the com­ such misunderstanding or dispute may Effective date. This part is effective at pany after the close of the second full be submitted to arbitration for a deter­ the time this document is filed for publie regular session of the appropriate State mination which shall be binding only inspection a t the Office of the Federal legislative body following August 1,. I960, upon approval by the reinsurer. The com­ Register. if the State has not enacted legislation pany and the reinsurer may agree on and George K. Bernstein, to reimburse the reinsurer, as necessary, appoint an arbitrator who shall investi­ Federal Insurance Administrator. for the portion of the aggregate losses gate the subject of the misunderstanding [FR Doc.71-4357 Filed 3^-29-71;3:49 amp specified In section 1223(a) (1)' of the or dispute and make his determination. National Housing Act (12 U.S.C. 1749 If the company and the reinsurer can­ bbb-9(a) i, paid by the reinsurer under not agree on the appointment of an the contract. arbitrator, than two arbitrators shall be (b) The reinsurer shah cancel cover­ appointed, one to be chosen by the com­ Title 26— INTERNAL REVENUE age, in accordance with the provisions pany and one by the reinsurer. Chapter I-—Internal Revenue Service, of the contract, with respect to any State (b) The two arbitrators so chosen, if Department of the Treasury in which-— they are unable to reach an agreement, (1) The reinsurer has found (after shall select a third arbitrator who shall SUBCHAPTER A—-INCOME TAX consultation with the State insurance act as umpire, and such umpire’s deter­ [TJDfc 7100] authority) that (i) it is necessary to. have, mination shall become final only upon a suitable program adopted, in addition approval by the reinsurer. The company PART 1— INCOME TAX; TAXABLE to required statewide plans, to make es­ and the reinsurer shall bear equally all YEARS BEGINNING AFTER DECEM- sential property insurance available expenses of the arbitration. BER 31, 1953 without regard to environmental hazards Cc) Findings, proposed awards, and and that such a program has not been determinations resulting from arbitra­ Revision of Corporate Rates and Re­ adopted, or (ii) the company is not fully tion proceedings carried out under this lated Provisions Pursuant to the participating in the statewide plan; and, § 1906.37, shall, upon objection by the Revenue Act of 1964 and Imposi­ where It exists, in a State pool or other reinsurer or the company, be inadmissi­ tion and Extensions of Tax Sur­ facility; and, where it exists,in any other ble as evidence in any subsequent pro­ charge;: Correction program found necessary to make es­ ceedings in any court of competent sential property insurance more readily jurisdiction. On March 20, 1971, Treasury Decision 7100 was published in the F ederal Reg­ available in the State; or § 1906.38 Access to books and records. (2) Following a merger, acquisition, ister (36 F-R. 5325).. In § 1.11, strike out consolidation, or reorganization involv­ The reinsurer and the Comptroller the title and insert in lieu thereof the ing the company and one or more General of the United States, or their following title: insurers with or without such reinsur­ duly authorized representatives, shall §1.11 Statutory provisions; tax im­ ance, the surviving insurer does not meet have access for the purpose of investi­ posed. all criteria of eligibility for reinsurance gation, audit, and examination to any and within 10 days pay any reinsurance books documents, papers, and records of In section 11(e) (2) of § 1.11, strike out premiums due; or the company that are pertinent to the the period and insert “; or” after the (3) The reinsurer has found (after business reinsured under the contract. words “(sec. 801 and following, relating consultation with the State insurance Such audits shall be conducted to the to insurance companies).” authority) that a statewide plan is not maximum extent feasible in cooperation Section 51(a) (2) (A) (ii) of §151 with the State insurance authorities and complying with the reinsurer's statutory should be changed to read as follows: or regulatory criteria or has become through the use of their examining fa­ inoperative. cilities. The company shall keep records (ii). A fraction, the numerator of which which fully disclose all matters pertinent is the sum of the number of days in the (c) Notwithstanding the foregoing taxable year occurring on and after the ef­ provisions, reinsurance may at the elec­ to the business reinsured, including pre­ fective date of the surcharge and before tion of the company be continued,, up to miums and claims paid or payable under January !•, 1970, plus one-half times the and including April 30,1972, for the term the contract. Records relating to premi­ number of days in the taxable year occur­ of such policies and contracts reinsured ums shall be retained and available for ring after December 31, 1969, and before prior to the date of termination of re­ three (3) years after final adjustment of July 1, 1970, and the denominator of which insurance under this § 1906.36, provided premiums, and to reinsurance claims is the number of days in the entire taxable the company pays the reinsurance three (3) years after final adjustment of year. premiums in such amounts as may be such claims. In paragraph (d) of § 1.821-4, item (6) required. For the purposes of this. § 1906.39 Information and annual state­ of Example (3) is changed to read as § 1906.36, the renewal, extension, modi­ ments. fication, or other change in a policy or follows: contract for which any additional The company shall furnish to the re­ (6) Total tax (item (2) plus item (5))— premium is charged, shall be deemed to insurer such summaries and analyses of 16,540 be a policy or contract written on the information in its records as may be nec­ James F . D ring, essary to carry out the purposes of the Director, Legislation and date such change was made. Regulations Division. (d) Reinsurance under the contract Urban Property Protection and Rein­ shall be subject to all of the provisions surance Act of 1968, 12 U.S.C. 1749bbb— [Fa Doc.71-4440 Mled 3- 29-71; 3:50 am]

FEDERAL REGISTER. V O L 36, NO. 61— TUESDAY, MARCH 30, T971 RULES AND REGULATIONS 5847 finds that in-service capability is inade­ (2) The predetermined estimated con­ Title 32-NATIONAL DEFENSE quate to provide the needed architec­ struction cost of a project is an estimate tural and engineering services and de­ of those costs expected to be incurred in Chapter VII—-Department of the termines that procurement of such serv­ connection with actual construction, re­ Air Force ices by contract will be in the interest pair, or alteration. That estimated cost SUBCHAPTER C— PUBLIC RELATIONS of national defense. does not include any amount to be paid (c) The use of architect-engineer to the architect-engineer. The above 6 pART 834— SELECTING ARCHITECT- services for any repair, alteration, or con­ percent of the predetermined estimated ENGINEERS FOR PROFESSIONAL struction project must be approved by construction cost represents the maxi­ SERVICES BY NEGOTIATED CON­ the commander of the echelon of com­ mum amount that may be paid for the TRACTS mand having authority to approve the services outlined. project concerned. Before approval, the (3) The contracting officer will deter­ Part 834 of Chapter VII, Title 32, Of commander must fully determine that mine that the negotiated fee is fair and the Code of Federal Regulations is re­ in-service capability is not available to reasonable for these services and for vised to read as follows: accomplish the services required. other services discussed in this section, Sec. , (d) Preselection and selection boards, that are not subject to the 6 percent [ 834.1 Purpose. formally constituted and composed of limitation. In determining appropriate | 834.2 Definitions. members nominated by the responsible fees, follow the guidance in AFR 70-22. 834.3 Policies. civil engineer and appointed by special (b) Application. The 6 percent statu­ 834.4 Contract provisions and limitations. tory fee limitation applies to all services 834.5 The architect-engineer progress re­ orders, will select architect-engineers port. for each proposed architect-engineer normally furnished by an architect- contract. engineer in the actual preparation of the Authority: The provisions of this Part material outlined. This includes the vis­ 834 Issued under sec. 8012, 70A Stat. 488; (e) Architect-engineer selections will 10 U.S.C. 8012. be based solely upon comparative evalu­ ual inspections of the site of (or facility ations of the professional and technical comprising) the proposed project, for § 834.1 Purpose. qualifications considered essential for familiarization with its scope, the gen­ This part states the policies and pro­ satisfactory performance o.f the work and eral conditions governing the perform­ cedures for selecting architectural and services required. Competitive bidding or ance of his work, the conditions under engineering firms and for negotiating comparable procedures will not be used. which the project will be constructed, contracts for their professional services. (f) Fixed-price (lump sum) contracts and the coordination with using ele­ will be negotiated. Each contract will be ments, to develop functional relation­ § 834.2 Definitions. based upon a complete well defined ships and special detailed requirements. (a) Architect-engineer. A firm (indi­ Statement of Work which clearly de­ (1) This limitation, however, does not vidual, partnership, association, corpo­ scribes the project, the objectives to be apply to the cost of making other field ration, or joint-venture) performing accomplished, and the scope and nature investigations and surveys, such as architectural or engineering services, or of the work, services, and material to be topographical surveys, soil borings, soil, both, under the personal direction and furnished. If the nature of the project chemical, mechanical, and similar fact­ responsibility of an individual or indi­ involved does not permit development finding surveys and investigations that viduals legally qualified to engage in the of a definite Statement of Work, a cost- are essential to proper design. professional practice of architecture or plus-a-fixed-fee type of contract may be (2) Similarly, the 6 percent fee limi­ engineering. . negotiated, provided the Secretary of the tation does not apply to services fur­ (b) Professional architect-engineering Air Force specifically authorizes that nished for the supervision and inspection services. These operations, service, and type of procurement of architect-engi­ of construction; master planning; mak­ materials furnished by architects or en­ neer services for the particular project ing technical studies, investigations, and gineers, as defined in paragraph (a) of involved. reports; preparing technical operating or this section, for developing designs, (g) Architect-engineer fees will be ne­ maintenance manuals; and sim ilar serv­ Plans, drawings, specifications, and other gotiated in accordance with the criteria ices not involving the production of de­ documents essential to facilities repair, and guidance outlined in AFR 70-22 signs, plans, drawings, and specifications alteration, or construction for the Air (Procedure for Negotiation of Architect- for specific projects. force. These services also include, but Engineer Contracts). (c) Contract provisions. When the are not limited to: (1) Making technical “Statement of Work” contemplates fur­ § 834.4 Contract provisions and limita- nishing services subject to the 6 percent studies analyses, surveys, investigations, tions. and reports; (2) master planning of site limitation and services not subject to developments and installations; (3) pre­ The following provisions and limita­ that limitation, the fee negotiated for paring technical operating/maintenance tions apply to professional architect- each class of service will be separately manuals; (4) supervising and inspecting engineer contracts: stated in the contract. repair, alteration, or construction proj­ (a) Statutory limitation on the fee. (d) Family housing. Architect-engineer ects; and (5) performing the necessary The total amount that may be paid to fees for family housing projects author­ supervision and coordination of all an architect-engineer for producing and ized for construction under the U.S. Phases of such architectural-engineering delivering the designs, plans, drawings, Housing Act of 1937, as amended (Cape- work. and specifications for a public work or hart or Title VIII family housing proj­ (O Fee. The compensation for profes­ utility project is limited by statute (10 ects), will not exceed those fees legally sional services furnished. U.S.C. 9540) to 6 percent of the pre­ permissible under schedules allowed and (d) Civil engineer. The responsible Air determined estimated construction cost established from time to time by the rurce civil engineering official at any of the particular project, or part of a Public Housing Administration. echelon of command. project, to which the architect-engineer (e) Revising a contract. Change or­ § 834.3 Policies. work applies. This limitation, applied to ders and supplemental agreements to either a fixed-price or cost-plus-a-fixed- existing architect-engineer contracts (a) In-service architectural and en­ fee type contracts, is referred to as a 6 may be authorized subject to the follow­ gineering capabilities will be used to the percent statutory fee limitation. ing limitations: *eas*ble extent in providing (1) Under a cost-plus-a-fixed-fee type (1) The cost of changes may not ex­ services required to aecom- of contract, the 6 percent limitation ap­ ceed the approved funding limitations -iiLForce Pr°jects and programs. plies to the total, consisting of the costs for specific projects or programs. ™ Secretary of the Air Force incurred by the architect-engineer in (2) Architect-engineer fees incident ornf a . orize the procurement of the producing and delivering the above docu­ to changes are subject to the fee limita­ n ®Sslona^ services of architect-engi- ments, plus his fixed fee (10 U.S.C. tions outlined in paragraphs (a), (b), rs under a negotiated contract if he 2306(d)). and (d) of this section.

FEDERAL REGISTER, V O L 36, NO. 61— TUESDAY, MARCH 30, 1971 5848 RULES AND REGULATIONS

(3) Contract modifications which in­ Chapter XIV— Renegotiation Board PART 4-1— GENERAL crease the scope or change the charac­ ter of the work or services, required by SUBCHAPTER B— RENEGOTIATION BOARD 1. In §4-1.009-2 (b) (2), the first seni the original contract must be approved REGULATIONS UNDER JH E 1951 ACT tence is amended to read as follows: by the Secretary of the Air Force or his PART 1460— PRINCIPLES AND FAC­ § 4—1.009—2 Procedure. designated representative, as outlined in TORS IN DETERMINING EXCESSIVE the Findings and Determination which PROFITS (b) * * * authorized the original contract and will ' (2) Where the deviation applies .to a not be binding until so approved, Application of Statutory Factors class of cases, necessary coordination) (f) Personal services. This part does The table of contents of this part is with the. General Services Administra-I not authorize, under any circumstance, amended by changing the heading of tion and Office of Management and the negotiation or award of any contract § 1460.8 to read as follows: Budget will be accomplished by the Office j exclusively for personal services, such as: of Plant and Operations.* * * (1) Day labor, management, office, or Sec. stenographic personnel; or 1460.8 Application of statutory factors. (2) Expert, consultant, or inspection Section 1460.8 Application of statutory PART 4-3— PROCUREMENT BY services other than for nonprofessional factors.; general policy is amended in the NEGOTIATION architect-engineer services as explained following respects: The heading of the in § 834.2. section is deleted in its entirety and a 1. The table of contents for Part 4-3 is amended by adding the following entry: § 834.5 The architect-engineer progress new heading inserted in lieu thereof; report. the existing text of the section is desig­ Sec. nated as paragraph (a) with the heading 4-3.5110 Changes in methodology, objec­ (a) Each architect-engineer contract “General policy” added.therefor; and a tives or phenomena. of 6 months’ duration or longer will con­ new paragraph (b) is added; all to read tain a provision requiring the architect- as follows: § 4—3.5101 [Amended] engineer to submit to the contracting of­ 2. Section 4-3.5101 is amended as ficer, by the 10th day of each month, a § 1460.8 Application of statutory fac­ follows: report Of the work done on the contract tors. a. Paragraph (h) is amended by de­ during thè preceding month. (a) General policy. * * * leting that reading “$100” and replacing (1) This provision may be inserted in (b) Considerations affecting small with “$200.M a contract of less than 6 months’ dura­ contractors. Characteristics inherent in b. A new paragraph (i) is added as tion when special circumstances make the operation of a small company, if follows : inclusion desirable. shown to be relevant in a particular case, (i) “General Purpose Equipment” (2) One copy of the report will be are taken into consideration by the means nonexpendable property which is forwarded to the major command Board in applying the factors described usable for activities of the institution concerned. in section 103(e) of the act. For example, other than research, such as office equip­ (3) This reporting requirement has under the efficiency factor, it may be ment and furnishings, air conditioning, been exempted by the Bureau of the shown that a small contractor, through reproduction or printing equipment, Budget from clearance under the Federal greater flexibility, was able to schedule motor vehicles, etc., or any automatic Reports Act of 1942. and complete the performance of a con­ data processing equipment. tract more expeditiously than his larger 3. Section 4-3.5102-1 is amènded to (b) Performance Evaluation, Archi­ competitors, «or that by closer personal read as follows: tect-Engineer Professional Services Con-. supervision he achieved lower costs or a tractor, DD Form 1413, RCS: DD-I&L better product. Under the risk factor, the § 4—3.5102—1 Contracts. (AF) 559. small contractor undertaking renegoti- 41 U.S.C. 252 (5) and (11); 7 U.S.C. (1) The performance of each archi­able production unrelated to his ordinary 427i(a) and 7 U.S.C. 1624 (Research and Marketing Act of 1946, as amended). tect-engineer will be monitored closely commercial business may be shown to have been endangered to a greater extent 4. Section 4-3.5102-3 is amended to and evaluated by the civil engineer mon­ than larger contractors by the possible read as follows: itoring the contract. The following fac­ cancellation of the Government pro­ § 4—3.5102—3 Cooperative arrange­ tors will be used as guidelines in evaluat­ gram. Considerations of company size ments. ing this performance: may also affect the application of other 7 U.S.C. 2201 (formerly 5 U.S.C. 511); (i) Cooperation of the principals and factors. 7 U.S.C. 450b (formerly 5 U.S.C. 563); employees. (Sec. 109, 65 Stat. 22; 50 U.S.C.A,, App. sec. 7 U.S.C. 2220 (formerly 5 U.S.C. 564); (ii) Adequacy and active participation 1219) 7 U.S.C. 427 and 427i(b) ; 16 U.S.C. 581 and 581a-581i and 7 U.S.C. 1624. of top management. Dated: March23,1971. (iii) Quality and adequacy of the work § 4—3.5103 [Amended] produced. Lawrence E. Hartwig, Chairman. 5. Section 4-3.5103(e) is amended as (iv) Suitability of the end product for [FR Doc.71-4330 Filed 3-29-71;8:46 am] follows: So much as reads “§ 4-1.109” js the intended purpose. corrected to read “§ 4-1.009.” (v) Ability to meet established 6. Section 4-3.5104 is amended as fol­ schedules. lows: Paragraphs (b) and (d) are rie- (vi) Overall performance. vised and a new paragraph (e) is added, Title 41— PUBLIC CONTRACTS to read as follows: By order of the Secretary of the Air AND PROPERTY MANAGEMENT § 4—3.5104 Cost reimbursement policy- Force. ***** Alexander J. P alenscar, Jr., Chapter 4—-Department of Agriculture (b) Grants. Grants shall provide for Colonel, U.S. Air Force, Chief, PROCUREMENT cost participation by the grantee institu­ Special Activities Group, Of­ tion in accordance with Office of Man­ fice of The Judge Advocate The following miscellaneous amend­ agement and Budget Circular No. A-lw General. ments are made in the Agriculture (see § 4-52.602 of this chapter). [FR Doc.71-4318 Filed 3-29-71;8:45 am] Procurement regulations: * * * * *

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 RULES AND REGULATIONS 5849

(d) Allowable costs. The allowable ment shall specify which items are to § 4 —7.5101—11 Estimated costs. costs shall be determihed in accordance be Government property. * * * * * with the cost principles in Office of Man­ 9. Add new § 4-3.5110 as follows: (d) The Authorized Departmental Officer agement and Budget Circular No. A-21 § 4—3.5110 Changes in methodology, ob­ shall be kept informed of contemplated ma­ which is codified in Subpart 1-Ì5.3 of the jectives or phenomena. jor changes of cost estimates and the rea­ Federal Procurement Regulations (Sub­ son therefor. Expenditures requiring prior part 1-15.3 of this title). (a) The principal investigator shall be approval in writing from the Authorized (e) Advance payments. In view of the permitted to change the methods and Department Officer are: nonprofit position of educational institu­ procedures employed in performing the (1) Foreign travel must be specifically research without approval of the Au­ approved for each separate trip. Foreign tions, and the stated Government ob­ travel is any travel outside of panada and jective of strengthening the research thorized Departmental Officer unless the the United States and its territories and capabilities of those institutions, ad­ methods and procedures employed are possessions. vance payments shall be made in rea­ stated as specific objectives of the re­ (2) Domestic travel exceeding the amount sonable amounts on Research Agree­ search work, in which case, paragraph allocated for such travel by $500 or 25 per­ ments whether under contract, grant, or (b) of this section applies. Significant cent whichever is greater. cooperative arrangement authorities, changes made by the principal investi­ (3) Personnel movements of a special or whenever practical and authorized by gator within his authority shall be re­ mass nature not approved in the budget. ported to the Authorized Departmental (4) Purchase of general purpose equip­ law. Advance shall be made in accord­ ment not itemized in the approved budget. ance with the Treasury Fiscal Require­ Officer in periodic or final technical re­ (5) Purchase of permanent research equip­ ments Manual, Part IV, Chapter 1000. ports. ment costing $1,000 or more and not item­ Advances should be limited to the min­ (b) The stated objectives of the re­ ized in the approved budget. imum necessary to meet the institution’s search effort shall not be changed ex­ (6) Expenditures for nonexpendable prop­ cash needs. Ordinarily advances by cept with the prior written approval of erty exceeding the amount allotted for the Treasury check will be made monthly the Authorized Departmental Officer. nonexpandable property category by 25 but may be made less frequently when­ (c) The phenomenon or phenomena percent. ever the cash need is small. under study, i.e., the broad category of (7) Expenditures for the acquisition of 7. Section 4-3.5105 is amended by research, shall not be changed except land or any interest therein. adding paragraph (d) which reads as with prior written approval of the Au­ 4. Section 4-7.5101-12 Reimburse­ follows: thorized Departmental Officer. ments is changed to read as follows: (d) The degree of Government review § 4-3.5105 Negotiation procedures. or direction exercised will vary depend­ § 4-7.5101-12 Payment. * ♦ * * * ing upon the amount of detail used in P aym ent (d) Indirect cost rates. The indirect stating the objectives of the research Advance payments or reimbursement of cosi rate for reisearch agreements shall effort in the Research Agreement. costs incurred will be made at scheduled in­ be in accordance with OMB Circular tervals by the Authorized Departmental Offi­ A-88 (see § 4-52.601 of this chapter). cer. The frequency of the payment interval 8. Section 4-3.5107 is amended to read PART 4—7— CONTRACT CLAUSES will be based upon cash needs. as follows: § 4—7.5101—1 [Amended] Done at Washington, D.C., this 25th § 4-3.5107 Nonexpendable property. 1. Section 4-7.5101-1 is amended as day of March 1971. (a) In accordance with OMB Circular follows: E lmer Mostow, A-101 title to nonexpendable property a. Paragraph (h) is amended by delet­ Director, purchased or fabricated under a. research ing that reading “$100” and replacing Office of Plant and Operations. agreement at an educational institution with “4200.” [FR Doc.71-4362 Filed 3-29-71;8:49 am] shall be vested in the institution, without b. A new paragraph (i) is added as further obligation to the Government follows: except as provided under paragraph (b) (i) “General Purpose Equipment” means of this section, unless it is determined nonexpendable property which is usable for Title 43— PUBUC LANDS: that such vesting is not in furtherance activities of the institution other than re­ of the objective of the agency or unless search, such as office equipment and fur­ there is not proper authority to vest title nishings, air conditioning, reproduction or INTERIOR in the institution (see § 4-52.603 of this printing equipment, motor vehicles, etc., or Chapter II— Bureau of Land Manage­ chapter). Title shall be vested at the any automatic data processing equipment. ment, Department of the Interior time of acquisition. 2. Section 4-7.5101-4 is amended to (b) The sponsoring agency may re­ read: APPENDIX— PUBLIC LAND ORDERS serve the right to require the institution [Public Land Order 5032] § 4—7.5101—4 Key personnel. to transfer title to items of nonexpend­ [New Mexico 12226] able property to the Government or to K ey P ersonnel a third party named by the Government, Written approval of the Authorized De­ NEW MEXICO when such third party is otherwise eligi­ partmental Officer is required to change the ble under existing statute. The reserva­ principal investigator (s) or to continue the Partial Revocation of Stock Driveway tion shall provide that the right may be research work, without participation of the Withdrawal exercised at any time, but no later than principal investigator(s), for a period in ex­ cess of 3 continuous months. Substantial re­ By virtue of the authority contained 12 months after receipt of a final fiscal in section 10 of the Act of December 29, report from the institution after com­ duction in the effort devoted to the work by the principal investigator (s) requires ap­ 1916, 39 Stat. 865, as amended, 43 U.S.C. pletion or termination of the particular proval of the Authorized Departmental sec. 300 (1964), it is ordered as follows: project. Such right to require transfer Officer. of title shall not apply to any items of The principal investigator (s) shall obtain The departmental order of April 29, nonexpendable property with an acquisi­ prior written approval of the Authorized De­ 1919, creating Stock Driveway With­ tion cost of less than $1,000. partmental Officer before changing the ob­ drawal No. 81 (New Mexico l2 ), is (c) The research agreement shall jectives of the research effort as stated in the hereby revoked so far as it affects the clearly indicate where title to nonex­ agreement or the phenomenon or phenomena following described land: under study. pendable property is to be vested. If title N ew M exico P rincipal M eridan t0 any nonexpendable property is to vest 3. Section 4-7.5101-11 (d) is amended T. 13 N., R. 4 L., m the Government, the research agree­ to read as follows: Sec. 30, lots 7,8,9 and NW%.

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 5850 RULES AND REGULATIONS

The area described aggregates 218.13 § 33.5 Special regulations; sport fish­ of Appeals, such as requests for recon-1 acres in Sandoval County. ing; for individual wildlife refuge sidération or confirmation of an oral] The land has been patented to the areas. hearing date, should include an exprès-1 State of New Mexico and is located within I owa sion in the heading such as “Before the] the Coronado State Monument. UNION SLOUGH NATIONAL WILDLIFE REFUGE Board of Appeals” so that it may be] properly routed by the mailroom. H arrison Loesch, Sport fishing on the Union Slough Na­ Assistant Secretary The examining group appeal clerks] tional Wildlife Refuge, Kossuth County, are authorized to grant, upon the first of the Interior. Iowa, is permitted only on the area desig­ March 19, 1971. request therefor, 1-month extensions of] nated by signs as open to fishing. This time to file the brief or reply brief. Any [PR Doc.71-4322 Piled 3-29-71;8:46 am] open area is delineated on a map avail­ further extensions or any initial request able at refuge headquarters and from the for an extension of more than 1 month office of the Regional Director, Bureau may be granted by the group directors. [Public Land Order 5033] of Sport Fisheries and Wildlife, Federal [Idaho 3728] Building, Fort Snelling, Twin Cities, After the effective date, there will be i no Patent Office acknowledgements of IDAHO Minn. 55111. Sport fishing shall be in accordance with all applicable State reg­ notices of appeals or briefs. Withdrawal for National Forest ulations subject to the following special There was published in the Decern-i Federal Register ; Recreation Area condition: ber 31,1970, issue of the (1) The open season for sport fishing (35 F.R. 20010) a proposal to revise By virtue of the authority vested in on the refuge extends from May 15,1971 § 1.192 of Title 37, Code of Federal Regu- , the President and pursuant to Executive through September 15, 1971 during day­ lations, to broaden the authority to grant Order No. 10355 of May 26, 1952 (17 F.R. light hours only. extensions of time for filing appeal briefs. 4831), it is ordered as follows: (2) The use of boats or other floating Interested persons were given the op­ 1. Subject to valid existing rights, the devices is not permitted. portunity to participate in the rule following described national forest lands The provisions of this special regula­ making through submission of comments are hereby withdrawn from appropria­ tion supplement the regulations which in writing, and at an oral hearing held tion under the mining laws (30 U.S.C., govern fishing on wildlife refuge areas on February 19, 1971. Ch. 2); but not.from leasing under the generally which are set forth in title 50, In consideration of the foregoing and mineral leasing iaws, in aid of programs Part 33, and are effective through Sep­ pursuant to the authority contained hi of the Department of Agriculture: tember 15,1971. section 6 of the Act of July 19, 1952 (66 Nezperce National F orest Stat. 793 ; 35 U.S.C. 6), § 1.192 of Title 37 Stephen S. Berlinger, BOISE MERIDIAN of the Code of Federal Regulations is Refuge Manager, Union Slough hereby revised as follows: Dry Gulch Recreation Area National Wildlife Refuge, T. 29 N„ R. 4 E., Titonka, Iowa. § 1.192 Appellant’s brief. Sec, 22, SE*4NE%SE%S E , W%NE%SE»4 March 23,1971. (a) The appellant shall, within 2 SE]4, NW&SE%SE]4, NE%SE%SE% months from the date of the appeal, or SE%. [FR Doc.71-4324 Filed 3-29-71;8:46 am] within the time allowed for response to The areas described aggregate 20 acres the action appealed from, if such time is in Idaho Oounty. later, file a brief in triplicate, accom­ 2. The withdrawal made by this order Title 37— PATENTS, TRADE­ panied by the requisite fee, of the au­ does not alter the applicability of those thorities and arguments on which he public land laws governing the use of the will rely to maintain his appeal, includ­ national forest lands under lease, license, MARKS, AND COPYRIGHTS ing a concise explanation of the invention or permit, or governing the disposal of Chapter I— Patent Office, Department which should refer to the drawing by their mineral or vegetative resources of Commerce reference characters, and a copy of the other than under the mining laws. claims involved, at the same time indi­ PART 1— RULES OF PRACTICE IN cating if he desires an oral hearing. Upon H arrison Loesch, PATENT CASES a showing of sufficient cause, the Com­ Assistant Secretary missioner may grant extensions of time of the Interior. Extensions of Time To File Appeal for filing the brief. The determination of March 19, 1971. Briefs such requests may be delegated by the Commissioner to appropriate Patent [PR Doc.71—4323 Piled 3-29-71;8:46 am] After the effective date of this rule Office officials. All requests for extensions change, the examining group clerical must be filed prior to the expiration of staffs will perform all processing and the period sought to be extended. recordkeeping relating to appeals to the (b) On failure to file the brief, accom­ Title 50— WILDLIFE AND Board of Appeals up to and including panied by the requisite fee, within the the time when an examiner’s supple­ mental answer to a reply brief is mailed time allowed, the appeal shall stand FISHERIES or the time for filing a reply brief has dismissed. Chapter I— Bureau of Sport Fisheries expired. At this time jurisdiction of an Effective date. This amendment shall and Wildlife, Fish and Wildlife appealed application passes from the be effective March 30, 1971. examiner to the Board of Appeals. Service, Department of the Interior W illiam E. Schuyler, Jr., Therefore, all inquiries and papers Commissioner of Patents. PART 33— SPORT FISHING concerning an application under appeal should be directed to the appropriate Approved: March 25, 1971. Union Slough National Wildlife examining group until the application is Refuge, Iowa J ames H. Wakelin, Jr., in condition for consideration by the Assistant Secretary for The following special regulation is is­ Board of Appeals. Science and Technology. sued and is effective on date of publica­ Papers filed in an appealed applica­ tion in the F ederal R egister (3-30-71). tion under the jurisdiction of the Board [FR Doc.71-4414 Filed 3-29-71:8:50 am]

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 5851 Proposed Rule Making

fish and wildlife, including those that poses for which such areas are DEPARTMENT OF THE TREASURY are threatened with extinction. established. Internal Revenue Service “Wildlife refuge area” means any area of the National Wildlife Refuge System. 4. Part 31, Wildlife Species Manage­ [ 26 CFR Part 11 “Wildlife range” means any area of ment, Subpart A—Surplus Wildlife: public land administered by the Bureau Section 31.16 is amended as follows: INCOME TAX of Sport Fisheries and Wildlife for the §31.16 Trapping program. Special Rules for Determining Foreign protection and management of wildlife resources under the terms of an Execu­ Except as hereafter noted, persons Tax Credit in the Case of Certain tive or Public Land Order establishing trapping annimals on wildlife refuge Interest Income a specific area. areas where trapping has been author­ Correction “Game range” means any area of pub­ ized shall secure and comply with the lic land administered jointly by the Bu­ provisions of a Federal permit issued for InF.R. Doc. 71-3871 appearing at page reau of Sport Fisheries and Wildlife and that purpose. This permit shall specify 5423 in the issue of Tuesday, March 23, the Bureau of Land Management for the the terms and -conditions of trapping ac­ 1971, in the table for example 1 of protection and management of wildlife tivity and the rates of charge or division § 1.904-4(e) (2) (iii) the “Other income" resources and for the grazing of domestic of pelts, hides, and carcasses. Lands ac­ figure for 1965 under the heading “Excess livestock under the terms of an Execu­ quired as “waterfowl production areas” limitation with respect to—” reading tive or Public Land Order establishing a shall be open to public trapping without “65” should read “55”. specific area. Federal permit provided that trapping “Waterfowl production area” means on all or part of individual areas may any small wetland or pothole area ac­ be temporarily suspended by posting quired pursuant to section 3 of the upon occasions of unusual or critical con­ DEPARTMENT OF THE INTERIOR amended Migratory Bird Hunting-Stamp ditions affecting land, water, vegetation, Fish and Wildlife Service Act (72 Stat. 487; 16U.S.C. 718b), owned or wildlife populations. Each person or controlled by the United States and trapping on any wildlife refuge area (50 CFR Parts 25, 26, 29, 31, 33 1 administered by the Bureau of Sport shall possess the required State license .Fisheries and Wildlife as a part of the or permit and shall comply with the pro­ NATIONAL WILDLIFE REFUGE SYSTEM National Wildlife Refuge System. visions of State laws and regulations. Notice of Proposed Rule Making “Big game” means large game mam­ 5. Part 33, Sport Fishing: mals, including moose, elk, caribou, rein­ Section 33.1 is amended as follows: Notice is hereby given that pursuant to deer, musk ox, deer, big horn sheep, the authority vested in the Secretary of mountain goat, pronghorn, bear, wild §33.1 Public fishing authorization. the Interior by the Migratory Bird Con­ hogs, and peccary. servation Act of February 18, 1929, as Except as hereafter noted, the opening amended (45 Stat. 1222; 16 U.S.C. 715), “Migratory bird” means and refers to or closing of wildlife refuge areas to and the National Wildlife Refuge System those species of birds listed under § 1.11 sport fishing shall be in accordance with Administration Act of 1966 (80 Stat. 927 of this chapter. the rulemaking requirements of the Ad­ as amended; 16 U.S.C. 668dd), it is pro­ 2. Part 26, Restricted or Prohibited ministrative Procedure Act (5 U.S.C. posed to amend 50 CFR 25.1, 26.12, 26.14, Acts: 553). However, wildlife refuge areas will 29.3,31.16, and 33.1. Section 26.12 is amended as follows: be opened to sport fishing only when a The purpose of the proposed amend­ determination has been made that such ment is to conform to recent enacted laws § 26.12 Firearms, fireworks, and explo­ activity is not detrimental to the ob­ and to improve management practices sives. jectives for which the area was estab­ within the National Wildlife Refuge Carrying, possessing, or discharging lished. Lands acquired as “waterfowl System. firearms, fireworks, or explosives is pro­ production areas” shall be open to sport It is the policy of the Department of hibited except as may be authorized un­ fishing subject to the provisions of State the Interior, whenever practicable, to af­ der the provisions of Part 28 of this laws and regulations and that pertinent ford the public an opportunity to par­ chapter. provisions of Parts 25 through 31 of this ticipate in the rulemaking process. Ac­ Section 26.14 is amended as follows: subchapter; provided, that fishing on all cordingly, interested persons may submit or any part of individual areas may be Written comments, suggestions, or ob­ § 26.14 Vehicles. temporarily suspended by posting upon jections, with respect to this proposed Travel in or use of any motorized ve­ occasions of unusual or critical condi­ amendment, to the Director, Bureau of hicle, including land, water, ice, snow, tions of, or affecting, land, water, vege­ Sport Fisheries and Wildlife, Washing­ and aircraft types is prohibited on areas tation, or wildlife populations. ton, D.C. 20240, within 30 days of the within the National Wildlife Refuge Sys­ J. P. Linduska, prt Fisheries and Wildlife as national are in no way related to the objectives Fishing Jtodhfe refuges, wildlife ranges, game of the National Wildlife Refuge System wildlife management areas, are classed as nonprogram uses. Permis­ Notice is hereby given that pursuant W «?°wl production areas, and areas sion for such uses will be granted only to the authority contained in section 3 of the protection and conservation of when compatible with the major pur­ the Act of August 25, 1916 (39 Stat. 535,

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 197! 5852 PROPOSED RULE MAKING as amended; 16 U.S.C. 3), the Act of defined as nonsport fish and may not be 3372), proposing § 130.— New drugs on May 11, 1910 (36 Stat. 354; 16 U.S.C. kept or killed. the market without approved new-drug 162), and the Act of August 22, 1914 (38 (2) A person must cease fishing im­applications, provided for comments to Stat. 700; 16 U.S.C. 170), 245 DMI (27 mediately when he has in his possession be filed within 30 days of said date. F.R. 6395) as amended, National Park or has taken into his possession a total The Commissioner of Food and Drugs Service Order No. 34 (31 F.R. 4255) as of five (5) sport fish that day, except that has received a request to extend such amended, Regional Director, Midwest a person shall cease fishing as soon as he time and, good reason therefor appear­ Regional Order No. 4 (31 F.R. 5769) as has in his possession or has taken into ing, the time for filing comments on the amended, it is proposed to amend § 7.3 of his possession a total of three (3) of the proposal is extended to April 24, 1971. Title 36 of the Code of Federal Regula­ following sport fish that day : Cutthroat This action is taken pursuant to pro­ tions as set forth below. trout, Dolly Varden trout, lake trout, visions of the Federal Food, Drug, and The purpose of this amendment is to grayling. However: Cosmetic Act (secs. 201(p), 505, 701(a), further insure the protection and preser­ (1) The daily limit of catch and pos­ 52 Stat. 1041-42, as amended, 1052-53, vation of populations of native fishes and session in the North Fork of the Flathead as amended, 1055; 21 U.S.C. 321 (p), 355, natural aquatic environments, to retain River, except for its tributaries, and 371(a)) and under authority delegated quality angling for wild fish in natural Lower McDonald Creek from the Quarter to the Commissioner (21 CFR 2.120) .' environments as part of the visitors’ total Circle Bridge to ita confluence with the park experience, and to simplify the Middle Fork of the Flathead River, shall Dated: March 24,1971. fishing season by establishing one open­ be in conformance with the regulations Sam D. Fine, ing and closing date for all but four park established by the State of Montana for Associate Commissioner waters. this river; for Compliance. It is the policy of the Department of (ii) The daily limit of catch and pos­ [FR Doc.71-4334 Filed 3-29-71;8:47 am] the Interior, whenever practicable, to session in that portion of Waterton Lake, afford the public an opportunity to par­ located within the park, shall be in con­ ticipate in the rulemaking process. Ac­ formance with the limits established by Social and Rehabilitation Service cordingly, interested persons may submit Canada for this lake; written comments, suggestions, or objec­ (iii) The daily limit of catch and pos­ [ 45 CFR Part 250 ] tions regarding the proposed amendment session in that portion of Lower Two to the Superintendent, Glacier National Medicine Lake, located within the park, UTILIZATION REVIEW OF CARE AND Park, West Glacier, Mont. 59936, within shall be in conformance with the regu­ SERVICES 30 days of the publication of this notice lations established for the Blackfeet In­ Notice of Proposed Rule Making in the F ederal R egister. dian Reservation for this lake; Paragraphs (a), (b), and (c) of § 7.3 (iv) Fish caught in Lower McDonald Notice is hereby given that the regula­ are amended, as follows; Creek from the Quarter Circle Bridge tions set forth in tentative form below are proposed by the Administrator, Social § 7.3 Glacier National Park. and upstream, extending into Lake Mc­ Donald for a radius of 300 feet, shall be and Rehabilitation Service, with the (a) Fishing; open season. All waters in handled carefully and released immedi­ approval of the Secretary of Health, the park shall be open to fishing from ately to the stream. No fish of any size Education, and Welfare. The proposed 12 :01 a.m. on June 5 and end at 12 mid­ may be in possession at any time along regulations relate to certification and night on October 15, except as otherwise this stream. recertification by physicians for inpatient provided by the following restrictions: (c) Fishing; restriction on use of haithospital services in the medical assistance (1) That portion of Waterton Lake and lures. (1) Only artificial flies, with a program under title XEX of the Social that is in the park shall be open to fish­ single hook, may be used as lures in Security Act. ing in conformance with the seasons Rogers Lake, Trout Lake, Arrow Lake, Prior to the adoption of the proposed established by Canada for this lake. Camas Lake, Lake Evangeline, Ruger regulations, consideration will be given (2) Kintla Creek between Kintla Lake Lake, and those sections of Camas Creek to any comments, suggestions, or objec­ and Upper Kintla Lake, Bowman Creek interconnecting these lakes. tions thereto which are submitted in for its entire length above Bowman Lake, (2) Only artificial flies and lures, with writing to the Administrator, Social and Logging Creek between Logging Lake and Rehabilitation Service, Department of Grace Lake, and Ole Creek, Park Creek, a single hook, may be used as lures in the catch and release fishing waters of Lower Health, Education, and Welfare, 330 In­ Muir Creek, Coal Creek, and Nyack dependence Avenue SW., Washington, DC Creek for their entire length; Fish Creek McDonald Creek from the Quarter Circle Bridge and upstream, extending into 20201, within a period of 30 days from for its entire length, Upper McDonald the date of publication of this notice in Creek from McDonald Falls to Lake Lake McDonald for a radius of 300 feet. the F ederal R egister. McDonald, shall be closed to fishing. * * * * * (3) The North Fork of the Flathead Dated: February 18, 1971. The proposed regulations are to be River, except for its tributaries, and issued under section 1102, 49 Stat. 647, W illiam J. Briggle, Lower McDonald Creek from the Quarter Superintendent, 42 U.S.C. 1302. Circle Bridge to its confluence with the Glacier National Park. Dated: February 10, 1971. Middle Fork of the Flathead River, shall be open to fishing in conformance with [PR Doc.71-4326 PUed 3-29-71:8:40 am] J ohn D'. T winame, the seasons and regulations established Administrator, Social by the State of Montana for this river. and Rehabilitation Service. (41 That portion of Lower Two Medi­ DEPARTMENT OF HEALTH, Approved: March 17, 1971. cine Lake that is in the park shall be E lliot L. R ichardson, open in conformance with the seasons Secretary. established for the Blackfeet Indian Res­ EDUCATION, AND WELFARE ervation for this lake. Food and Drug Administration Section 250.20(a) is amended by add­ ing a new subparagraph (3) to read as (5) [Deleted] [ 21 CFR Part 130 1 (6) [Deleted] follows: (7) [Deleted] DRUGS FOR HUMAN USE § 250.20 Utilization review of care and (b) Fishing; daily limit of catch and New Drugs on the Market Without services. » possession limit. (1) Sport fish are herein Approved New-Drug Applications; (a) * * * defined as cutthroat trout, rainbow trout, Extension of Time for Filing Com­ (3) Provide for procedures to assure brook trout, lake trout, Dolly Varden, Kokanee salmon, grayling, mountain ments that the principles and standards for whitefish, lake whitefish, northern pike, The notice published in the F ederal certification and recertification by phy and burbot (ling). All other species are R egister of February 23, 1971 (36 FJt. sicians for inpatient hospital services

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 PROPOSED RULE MAKING 5853

described in 20 CFR 405.1625-405.1630 airspace within which transponders are its function adequately and reliably and are applied for hospital inpatients under required by appropriate FAR’s. that it is compatible with other airborne the medical assistance program. The present TSO-C74b contains ap­ transponders and with the ground inter­ * * * * * propriate minimum performance stand­ rogator facilities. Both TSO-C74b and [PR Doc.71-4095 Filed 3-29-71;8:45 ami ards for the improved radar beacon the TSO proposed herein provide the transponders specified in Notice 69-9. necessary performance standards and However, TSO-C74b was prepared with they are both compatible with the U.S. air carrier operations in mind and did National Standards for Radar Beacon DEPARTMENT OF not take into consideration the minimum Systems (ATCRBS). Therefore, in order performance standards that would be to properly implement the Air Traffic suitable for transponder equipment to be Control Radar System portion of the TRANSPORTATION used in general aviation operations under National Airspace System it will be Coast Guard Part 91. It is therefore proposed to up­ necessary that all transponders meet the date TSO-C74b to provide appropriate requirements of TSO-C74b or the TSO [ 46 CFR Part 146 1 performance standards for ATC trans­ proposed herein at the time that the re­ [CGFR 71-17] ponder equipment to be used in general quirements proposed in Notice 69-9 are aviation operations. The present per­ incorporated into the Federal Aviation SULFURIC ACID CONTAINERS formance standards of TSO-C74b would Regulations. Notice of Proposed Rule Making be incorporated into the new TSO with For the foregoing reasons, it is pro­ the exception that paragraph 2.7c of the posed to amend Parts 91, 121, 127, and Correction Federal Aviation Administration Stand­ 135 to require that ATC transponder In F.R. Doc. 71-3790 appearing at page ard set forth in the TSO would be equipment installed after January 1, 5296 in the issue of Friday, March 19, amended to limit the dead time of the 1972, in any aircraft not previously 1971, in the table in the first column of transponder due to means other than equipped with an ATC transponder must page 5297, the fourth entry under the normal interrogations. This would con­ meet the requirements of TSO-C74b or heading “Wooden boxes” now reading trol transponder dead time occurring the appropriate requirements of the TSO "Fiberboard boxes (DOT-12) B WIC primarily from the use of proximity proposed herein. Moreover, it is proposed polyethylene not over 1 gal. cap. ea.” warning systems. In addition, the present to require that all ATC transponder should read “Fiberboard boxes (DOT- classifications would be redesignated as equipment used after January 1, 1975, 1213) WIC polyethylene not over 1 gal. Class 1A and Class IB. A new class of meet the requirements of TSO-C74b or cap. ea.” equipment designated 2A and 2B would the appropriate requirements of the TSO be incorporated in the TSO and the per­ proposed herein. This will insure that all formance standards for such equipment transponder equipment being used in any Federal Aviation Administration would be set forth in Radio Technical operation, regardless of when that equip­ Commission for Aeronautics Document ment was installed, eventually meets the 114 CFR Parts 37, 91, 121, 127, 135 1 No. DO-144 entitled “Minimum Opera­ necessary performance standards. Under {Docket No. 10955; Notice 71-10] tional Characteristics—Airborne ATC this proposal, transponders currently in­ Transponder Systems,” dated March 12, stalled may continued to be used, in­ AIRBORNE ATC TRANSPONDER 1970, and Change No. 1 to DO-144, Paper cluding the installation of replacement EQUIPMENT 232-70/EC-643, dated November 5, 1970. equipment, until January 1, 1975, with­ Notice of Proposed Rule Making The identification of equipment as Class out meeting the requirements of TSO- 2A and 2B would depend upon whether C74b or the TSO proposed herein. It The Federal Aviation Administration the equipment was to be used in opera­ should be noted that there is no need for is considering amending Parts, 37, 91, tions above 15,000 feet or below, the same a specific amendment to Part 123 in this 121,127, and 135 to provide new stand­ as Class 1A and IB equipment. It should proposal since the proposed amendment ards for airborne ATC transponder be noted that while ATC transponder to § 121.345 would be applicable to Part equipment and to require that trans­ equipment approved prior to the effective 123 operators under the provisions of ponders in aircraft meet TSO standards. date of the new TSO may continue to § 123.27(g). Interested persons are invited to par­ be manufactured, the proposed amend­ Under the terms of this notice, affected ticipate in the making of the proposed ments to the operating rules would operators would be allowed to equip their rule by submitting such written data, require the installation of equipment aircraft with either above-15,000-feet views, or arguments as they may desire. meeting this new TSO after January 1, transponders . (TSO-C74b, Class I, or Communications should identify the reg­ 1972, on all aircraft not equipped with TSO-C74c, Classes 1A and 2A, as ap­ ulatory docket or notice number and be an ATC transponder and on all aircraft plicable) or below-15,000-feet trans­ submitted in duplicate to the Federal using ATC transponders after Janu­ ponders (TSO-C74b, Class H, or TSO- Aviation Administration, Office of the ary 1, 1975. C74c, Classes IB and 2B, as applicable). General Counsel, Attention: Rules The proposed new TSO would also re­ This would mean that aircraft capable Docket, GC-24, 800 Independence Ave­ quire a manufacturer to furnish the FAA of operating well above 15,000 feet could nue SW., Washington, DC 20590. All with an equipment data sheet specifying be equipped (under the proposed rules) communications received on or before the actual performance capability of tho with below-15,000-feet transponders. If June 30, 1971, will be considered by the equipment and the environmental con­ the operator of such an aircraft were to Administrator before taking action on ditions under which the performance climb above 15,000 feet, either voluntarily *he proposed rule. The proposals con­ capability can be achieved. Knowledge of or in response to an ATC request, his tained in this notice may be changed in the actual performance capability for transponder would not perform ade­ Hght of comments received. All com­ transponder equipment would facilitate quately and safety might be adversely ments submitted will be available, both the approval of the equipment installa­ affected.'For this reason, it has been before and after the closing date for tion. Therefore, it is proposed to require suggested that the agency eliminate the comments, in the Rules Docket for ex­ manufacturers to also furnish a copy of 15,000-foot altitude distinction and re­ amination by interested persons. this data sheet with each article. quire all affected operators to equip their By Notice 69-9 published in the F ed­ Notice 69-9 identifies the required ATC aircraft with above-15,000-feet trans­ eral R egister (34 F.R. 5259) on transponder merely as one which has a ponders. The agency is aware that March 14, 1969, the FAA proposed to Mode 3/A 4096 code capability, replying transponders meeting above-15,000-feet further implement the National Airspace to Mode 3/A interrogations with the code standards are more expensive than those System (NAS) by requiring that all air­ specified by ATC. Both TSO-C74b and that do not, but does not have reliable craft carry improved radar beacon trans­ the proposed TSO provide this capability. However, there are numerous other de­ information on how much. To help re­ ponders for all operations in controlled sign requirements, in addition to the solve this issue, interested persons are airspace at and above 10,000 feet MSL, in number of codes, which a transponder hereby asked to comment on: (1) The P°sitive control airspace, or in terminal must meet to insure that it will perform need to eliminate the 15,900-foot altitude

No. 61- FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 5854 PROPOSED RULE MAKING

distinction in the transponder TSO pro­ teristics—Airborne ATC Transponder (1) Manufacturer’s operating instruc­ posed in this notice and to require that Systems,” dated March 12, 1970, and tions and equipment limitations. all affected operators equip their aircraft Change No. 1 to DO-144, Paper 232-70/ (ii) Installation procedures with ap­ with above-15,000-feet transponders; EC-643, dated November 5, 1970, as plicable schematic diagrams, wiring dia­ and (2) how much more expensive above- applicable. grams, and specifications. Indicate any 15.000- feet transponders would be in (2) Environmental standards. RTCAlimitations, restrictions, or other con­ comparison to below-15,000-feet trans­ Document No. DO-138 entitled “En­ ditions pertinent to the installation. ponders. If, on the basis of comments vironmental Conditions and Test Pro­ (iii) Manufacturer’s test repocrt(s). received, the agency determines that cedures for Airborne Electronic/Electri- (iv) Equipment data sheet specifying there is insufficient justification to retain cai Equipment and Instruments,” dated the actual performance capability of the the proposed distinction between above- June 27, 1968, must be used in determin­ equipment and the environmental con­ 15.000- feet transponders and below- ing the environmental conditions over ditions under which the performance 15.000- feet transponders, the final rule which the equipment has been designed capability can be achieved. Performance will permit the use of above-15,000-foot to operate. Class 2A and 2B equipment data for abnormal environmental con­ transponders only. need only be tested for the environmental ditions may also be included. In consideration of the foregoing, it is conditions of temperature and altitude, (2) One copy of the technical data proposed to amend Parts 37, 91, 121,127. humidity, shock, vibration, and power specified in subparagraphs (1) (ii) and and 135 of the Federal Aviation Regula­ input voltage set forth in paragraphs 4, (iv) of this paragraph must be furnished tions as follows: 5, 6, 7, and 9 of DO-138. with each article. A. Part 37 would be amended by (b) Availability of documents. RTCA (e) Previously approved equipment. amending § 37.180 as follows: Documents Nos. DO-138 and DO-144, as Airborne ATC transponder equipment 1. Paragraphs (a), (b), (c), and (d)amended, are incorporated herein in ac­ approved prior to the effective date of would be amended and a new paragraph cordance with 5 U.S.C. 552(a)(1) and this section may continue to be manu­ (e) would be added, to read as follows: § 37.23 of the Federal Aviation Regula­ factured under the provisions of its orig­ tions and are available as indicated in inal approval. § 37.180 Airborne ATC transponder 2. Paragraph 2.7c of the “Federal equipment— TSO—C7 4c. § 37.23. Additionally, RTCA Documents Nos. DO-138 and DO-144, as amended, Aviation Standard, Airborne ATC Trans­ (a) Applicability. This technicalmay be examined at any FAA regional ponder Equipment,” would be amended standard order prescribes the minimum office of the Chief of Engineering and to read as follows: performance standards which airborne Manufacturing Branch (or in the case of 2.7 Transponder discrimination and desen­ ATC transponder equipment must meet the Western Region, the Chief, Aircraft sitization. in order to be identified with the appli­ Engineering Division) and may be ob­ * * * * * cable TSO marking. New models of such tained from the RTCA Secretariat, Suite c. Dead time. (1) After reception of a equipment that are to be so identified 655,1717 H Street NW., Washington, DC, proper interrogation, the transponder must and that are manufactured on or after 20006, at a cost of $8 per copy for Docu­ reply to no other interrogation for the dura­ (the effective date of this section) must ment No. DO-138 and $6 per copy for tion of the reply pulse train. This dead time meet the following performance and Document No. DO-144. must end no later than 125 microseconds environmental standards: after the transmission of the last reply (c) Marking. In addition to the pulse of the group. (1) Performance standards, (i) Equip­markings specified in § 37.7, the equip­ (2) The dead time of the transponder ment marked as Class 1A must be equip­ ment must meet the following require­ created by means other than normal inter­ ment intended for installation in aircraft ments: rogations shall not exceed a period of more that operate at altitudes above 15,000 (1) The environmental categories over than 2,500 microseconds duration at a maxi­ feet and must meet the minimum per­ which it has been designed to operate as mum duty cycle of 4.5 percent. formance requirements of “Federal Avia­ set forth in Appendix B of RTCA Docu­ 3 . Paragraphs 2.8 and 2.11 of the tion Administration Standard Airborne ment No. DO-138 must be permanently “Federal Aviation Standards, Airborne ATC Transponder Equipment,” set forth and legibly marked on the equipment. ATC Transponder Equipment” would be at the end of this section, as applicable. Where an environmental test procedure amended by deleting the parenthetical (ii) Equipment marked as Class IB is not applicable and the test is not con­ reference to “(Class I )” and to “(Class must be equipment intended for installa­ ducted, and “X” should be placed in the ID ”, tion in aircraft that operate at altitudes space assigned for that category. B. Part 91 would be amended by add­ not exceeding 15,000 feet and must meet ing a new § 91.24 to read as follows: the minimum performance standards of (2) The class which the equipment meets must be permanently and legibly §91.24 ATC transponder equipment. “Federal Aviation Administration Stand­ marked on the equipment. Equipment ard, Airborne ATC Transponder Equip­ which meets the requirements of more (a) ATC transponder equipment in­ ment,” set forth at the end of this than one class need only be marked with stalled after January 1, 1972, in U.S. section, as applicable. the class which contains the more severe registered civil aircraft not previously (iii) Equipment marked as Class 2A requirements. When listed in order of equipped with an ATC transponder and must be equipment intended for installa­ severity of requirements, highest first, all ATC transponder equipment used in tion in aircraft that operate at altitudes the classes are: IA, IB, 2A, and 2B. U.S. registered civil aircraft after Janu­ above 15,000 feet and must meet the ary 1, 1975, must meet the requirements m inim um performance standards set (3) Each separate component of of any Class of TSO-C74b of any Class forth in Radio Technical Commission for equipment (antenna, receiver-transmit­ of TSO-C74c, as appropriate. Aeronautics Document No. DO-144 en­ ter, etc.) must be permanently and leg­ (b) This section does not apply to titled “Minimum Operational Charac-. ibly marked with at least the name of operations conducted under Part 121» the manufacturer, the TSO number, 123, 127, or 135 of this chapter. teristics—Airborne ATC Transponder and the environmental categories over Systems,” dated March 12, 1970, and C. Part 121 would be amended by Change No. 1 to DO-144, Paper 232-70/ which it is designed to operate. (d) Data requirements. (1) hi accord­ amending § 121.345 by adding a new EC-643, dated November 5, 1970, as paragraph (c) to read as follows: applicable. ance with § 37.5, the manufacturer must (iv) Equipment marked as Class 2B furnish to the Chief, Engineering and § 121.345 R a d io equipment. must be equipment intended for installa­ Manufacturing Branch, Flight Standards • . * * * 7 ■ * tion in aircraft that operate at altitudes Division (or in the case of the Western (c) ATC transponder equipment in­ not exceeding 15,000 feet and must meet Region, the Chief, Aircraft Engineering stalled after January 1, 1972, in aircraft the minimum performance standards set Division), Federal Aviation Administra­ not previously equipped with an a i forth in Radio Technical Commission tion, in the region in which the manufac­ transponder and all ATC transpond for Aeronautics Document No. DO-144 turer is located, one copy of the following equipment used after January 1, must meet the requirements of any o entitled, “Minimum Operational Charac- technical data:

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 PROPOSED RULE MAKING 5855 of TSO-C74b, or Class 1A or Class IB of cedures Branch. Any data, views or argu­ purpose of this notice is to reissue the TSO-C74c, as appropriate. ments presented during such conferences proposal incorporating the corrections, * * * * * must also be submitted in writing in some of the earlier revisions, and addi­ D. Part 127 would be amended by accordance with this notice in order to tional revisions discussed herein. designating present § 127.123 as para­ become part of the record for considera­ Research, test results, and other data graph (a) and adding a new paragraph tion. The proposal contained in this no­ which have come to the attention of the (b) as follows: tice may be changed in" light of com­ Administration since the initial issuance ments received. of the proposal have shown the need for § 127.123 Radio equipment. The official docket will be available for additional revisions of proposed require­ * * * * * examination by interested persons at the ments and test procedures, and for com­ (b) ATC transponder equipment in­ Federal Aviation Administration, South­ ment thereon. The proposed specifica­ stalled after January 1, 1972, in heli­ ern Region, Room 724, 3400 Whipple tions for hydraulic brake hose braid are copters not previously equipped with an Street, East Point, GA. revised to eliminate cotton, viscose rayon, ATC transponder and all ATC trans­ The Vidalia transition area described and polyester cord, and to leave the braid ponder equipment used after January 1, in § 71.181 (36 F.R. 2140) would be re­ material unspecified. Thus, under the 1975, must meet the requirements of any designated as: proposal, a hydraulic brake hose v braid Class of TSO-C74b, or Class 1A or IB of That airspace extending upward from 700 may be made from any material as long TSO-C74c, as appropriate. feet above the surface within an 8.5-mile as the brake hose incorporating the braid E. Part 135 would be amended by radius of Vidalia Municipal Airport (lat. can meet the performance requirements amending § 135.143 by adding a new 32°11'45'' N„ long. 82°22'15" W.). of the standard. Values for regular-ex­ paragraph (c) to read as follows: The proposed alteration is required to pansion hoses are added to Table I that previously set forth only maximum ex­ § 135.143 General requirements. provide controlled airspace protection for IFR operations in the Vidalia termi­ pansion limits of a low-expansion .hose * * * * * nal in conformance with the application under pressure. The additional values (c) ATC transponder equipment in­ of Terminal Instrument Procedures will permit the continued availability of stalled after January 1, 1972, in aircraft (TERPs) and current airspace oriteria. cotton braid hoses. A substantial number not previously equipped with an ATC This amendment is proposed under the of passenger cars use cotton braid transponder and all ATC transponder authority of section 307(a) of the Fed­ hydraulic brake hoses as original equip­ equipment used after January 1, 1975, eral Aviation Act of 1958 (49 U.S.C. ment, and a cotton braid hose is deemed must m eet the requirements of any Class 1348(a)) and of section 6(c) of the De­ more suitable for replacement than a of TSQ-C74b, or Class 1A or Class IB of partment of Transportation Act (49 rayon braid hose, which would have been TSO-C74c, as appropriate. U.S.C. 1655(c)). the alternative had the earlier proposal These amendments are proposed under not been modified. The proposed require­ Issued in East Point, Ga., on March 19, ment that hoses bear two white stripes the authority of sections 313(a), 601, 603, 1971. and 604 of the Federal Aviation Act of is revised to allow use of at least two J ames G. R ogers, stripes of any color contrasting with that 1958 (49 U.S.C. 1354(a), 1421, 1423, and Director, Southern Region. 1424), and of section 6(c) of the Depart­ of the hose. Under the previous proposal, ment of Transportation Act (49 U.S.C. [FR Doc.71—4353 Filed 3-29-71;8:48 am] the date of manufacture was indicated by 1655(c)). a hyphenated numeral representing the day of the year, and the year itself; com­ Issued in Washington, D.C., on [ 14 CFR Part 71 1 ments indicated that a numeral com­ March 22, 1971. [Airspace Docket No. 71-EA-23] bining month, day, and year would re­ R. S. Sliff, sult in a more easily identifiable man­ Acting Director, CONTROL ZONE AND TRANSITION ufacturing date and the proposal is Flight Sandards Service. AREA revised accordingly. . [PR Doc.71-4352 Filed 3-29-71;8:48 am] Major revisions have been made in the Proposed Alteration airbrake hose portion of the proposal by Correction eliminating the six types previously spec­ [ 14 CFR Part 71 1 In F.R. Doc. 71-4088 appearing at page ified. Thus an airbrake hose under the [Airspace Docket No. 71-SO-40] proposal may be manufactured from any 5620 in the issue of Thursday, March 25, material as long as the hose can meet TRANSITION AREA 1971, in the description of the Utica, N.Y., transition area (§71.181), the the performance requirements of the Proposed Alteration standard. Specification of a multilayer phrase “9 miles southwest” in the 14th construction has been deleted to allow The Federal Aviation Administration line should read “9 miles southeast”. the industry more freedom for innova­ “ Considering an amendment to Part 71 tion in meeting the proposed require­ of the Federal Aviation Regulations that National Highway Traffic Safety ments. Similarly, multilayer construc­ would alter the Vidalia, Ga., transition tion has been deleted from proposed area. Administration hydraulic brake hose specifications. Com­ Interested persons may submit such I 49 CFR Part 571 ] ments are especially solicited on this written data, views or arguments as they [Docket No. 1—5; Notice 7] specific area of the proposal. In recog­ »ay desire. Communications should be nition of the contemplated manufacture submitted in triplicate to the Federal BRAKE HOSES AND BRAKE HOSE of certain brake hoses from synthetic Aviation Administration, Southern Re- ASSEMBLIES materials, hoses of %-inch inside diam­ £ ^ 4 * Traffic Division, Post Office Box eter are included. The proposed mini­ o36, Atlanta, GA 30320. All communi­ Proposed Motor Vehicle Safety mum radii of the forms are also cations received within 30 days after Standard increased, as the previously specified radii are considered unduly restrictive. Publication of this noticte in the F ederal A notice of proposed amendment to 49 egister will be considered before ac- Comments have apprised the NHTSA CFR 571.21, Federal Motor Vehicle of the hazards involved in coupling dif­ °n is taken on the proposed amend­ Safety Standard No. 106, Brake Hoses ment. No hearing is contemplated at this fering sizes of air brake hoses and end fit­ and Brake Hose Assemblies, was pub­ tings. While the coupling appears proper »e, but arrangements for informal lished on August 28, 1970 (35 F.R. 13728), on erences with Federal Aviation Ad- to the eye, the hose may be separated corrected on November 5, 1970 (35 F.R. from the fitting as early as the first brake ministration officials may be made by 17055), and revised in certain respects on ontacting the Chief, Airspace and Pro­ application. Specifying the outside diam­ November 6, 1970 (35 F.R. 17116). The eter of airbrake hoses would insure a

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 5856 PROPOSED RULE MAKING greater likelihood of proper inservice re­ suggestions for future rulemaking. Rele­ uum brake hose intended for specific use 1 placement of airbrake hose assemblies. vant material will continue to be filed as as a manifold connection. The NHTSA has not specified outside it becomes available in the docket after “light-duty vacuum brake hose” 1 diameter dimensions for airbrake hoses the closing date, and it is recommended means a vacuum brake hose intended for ] in this rulemaking action but will pre­ that interested persons continue to ex­ service in conjunction with the power- 1 scribe values that will require the use of amine the docket for new materials. braking system on passenger cars, multi- I Standard SAE 100R5 fittings. It is re­ Proposed effective date: March 1,1972. purpose passenger vehicles and trucks. quested that interested persons com­ In consideration of the foregoing it is “Rupture” means any failure which re­ ment to the docket in order that these proposed that 49 CFR 571.21, Motor Ve­ sults in leakage or a separation of a dimensions may be prescribed in the hicle Safety Standard No. 106, Brake brake hose from its couplings or end I eventual amendment of Standard No. Hoses and Brake Hose Assemblies, be fittings. 106. amended as set-forth below. This notice “P.s.i.” means gage pressure in pounds Test requirements are proposed for air­ of proposed rulemaking is issued under per square inch as differentiated from brake hoses to demonstrate resistance to the authority of sections 103 and 119 absolute pressure. ozone, water, ultraviolet light, and zinc of the National Traffic and Motor Vehicle S5 Requirements. chloride. Following exposure to each, a Safety Act of 1966 (15 U.S.C. 1392, 1407) 55.1 Hydraulic brake hoses and hose brake hose would have to demonstrate and the delegations of authority at 49 assemblies. compliance with one of the following CFR 1.51 (35 F.R. 4955) and 49 CFR 55.1.1 Manufacture. Each hydraulic requirements: length change, adhesion, 501.8 (35 F.R. 11126). brake hose shall consist of a rubber inner air pressure, strength, or tensile strength. Issued on March 19, 1971. tube of %-inch, %6-inch, or ^4-inch in­ Physical tolerances in test conditions side diameter, braid imbedded in and j and procedures have been removed, since R odolfo A. D iaz, bonded to the rubber, and a rubber outer they are generally inappropriate for reg­ Acting Associate Administrator, cover. The cover shall be free from sul- j ulatory purposes, and likely to cause con­ Motor Vehicle Programs. fur bloom. The inner tube of each hose i fusion as to their significance. Where a § 571.21 Federal Motor Vehicle Safety shall be of a nonblooming stock. range within test conditions or proce­ Standards. 55.1.2 Labeling. dures is specified, it is important for * * * * * 55.1.2.1 Each hydraulic brake hose enforcement purposes that the vehicle shall have at least two solid stripes of a or equipment be required to meet the M otor. Vehicle S afety S tandard N o. 106 color contrasting to that of the hose, at specified requirements at all points 51. Scope. This standard specifies re­ least one-eighth of an inch in width, within the range. If it is only required quirements for motor vehicle brake hoses placed on opposite sides of the hose to meet the requirements at one point and hose assemblies. parallel to its longitudinal axis. The within a range, a nonconforming result 52. Purpose. The purpose of this stripes may be interrupted by the infor­ in an NHTSA compliance test would be standard is to reduce deaths and in­ mation required by S5.1.2.2. inconclusive, and repeated retesting juries occurring as a result of brake fail­ 55.1.2.2 Each hydraulic brake hose would be required. Thus, if tolerances ure from pressure loss due to hose leak­ shall be permanently labeled at 6-inch are used they should represent options age or rupture. intervals, in block capital letters and for Government testing, not for manu­ 53. Application. This standard applies numerals at least five thirty-seconds of facturers’ test. But since safety stand­ to passenger cars, multipurpose passen­ an inch high, with the following infor­ ards should in all cases be considered ger vehicles, trucks, buses, trailers, and mation in the order listed: as performance levels that each vehicle motorcycles, and to brake hoses and (a) A six-digit number indicating the or item of equipment must meet, and not brake hose assemblies for use in passen­ month, day, and year of manufacture. as instructions for manufacturer testing, ger cars, multipurpose passenger vehi­ For example, “010773” means January 7, it is usually clearer and more useful to cles, trucks, buses, trailers, and motor­ 1973. express a test condition as a single figure cycles. (b) The symbol DOT, constituting a without tolerances. Manufacturers have 54. Definitions. certification by the hose manufacturer the responsibility of insuring, by any “Braid” means two or more strands of that the hose conforms to all applicable methods that constitute due care, that intertwined threads forming a diagonal motor vehicle safety standards. their products meet the requirements at pattern the length of a brake hose. (c) The hose manufacturer’s code the stated level. Normally this is done “Hydraulic brake hose” means a flexi­ number, assigned by the National High­ by setting their own test conditions ble hose for use in a hydraulic brake way Traffic Safety Administration. slightly on the “adverse side” of the system of a motor vehicle. (d) One of the following three sym­ stated level. “Hydraulic brake hose assembly” bols, as applicable: The proposed effective date is extended means a hydraulic brake hose with or (1) H2, for hydraulic brake hose of from October 1, 1971, to March 1,1972. without armor equipped with perma­ %-inch diameter; „ Interested persons are invited to sub­ nently attached end fittings. (2) H3, for hydraulic brake hose of *- mit data, views, and arguments on the “Airbrake hose” means a flexible hose inch diameter; or proposed amendments. Comments are for use in an airbrake system of a motor (3) H4, for hydraulic brake hose of 74- particularly Invited on the leadtime and vehicle. inch diameter. costs directly related to compliance with “Airbrake hose assembly” means an 55.1.2.3 At least one end fitting of a the proposed standard. Comments should airbrake hose with or without armor hydraulic brake hose assembly shall be refer to the docket number and be sub­ equipped with couplings or end fittings. permanently etched, embossed, o mitted to: Docket Section, National “Vacuum brake hose” means a flexible- stamped, in block capital letters ana Highway Traffic Safety Administration, hosfe for use in a vacuum brake system of numerals at least three thirty-seconds Room 4223, 400 Seventh Street SW., a motor vehicle. of an inch high, with the date on whicn Washington, DC 20591. It is requested, “Vacuum brake hose assembly” means the fitting was assembled to the hose, but not required, that 10 copies be sub­ a vacuum brake hose with or without the symbol DOT, and the assemblers mitted. All comments received before the code number, as specified in S5.1-2-* a < close of business May 24, 1971, will be armor equipped with couplings or end considered, and will be available in the fittings. (b), and (c). docket for examination both before and “Heavy-duty vacuum brake hose” 55.1.3 Test requirements. Each hy­ after the closing date. To the extent pos­ means a vacuum brake hose intended draulic brake hose assembly shal sible, comments filed after the closing for use in the braking systems of single capable of meeting any of the require­ date will also be considered. However, vehicles or as connecting or transmis­ ments set forth under this heading, w the rulemaking action may proceed at sion lines in combinations of vehicles tested under the conditions o f S6_^an any time after that date, and comments and systems thereof. the applicable procedures of S7. now received after the closing date and too “Oil-resisting heavy-duty vacuum ever, a particular hose assembly late for consideration will be treated as brake hose” means a heavy-duty vac­ not meet further requirements after na

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 PROPOSED RULE MAKING 585 ;* ing been subjected to, and having met 55.1.3.5 Water absorption, strength, 55.2.3 Test requirements. the requirements of, any one of the fol­ tensile strength, and fatigue life. Each (a) Each airbrake hose assembly lowing test groups: hydraulic brake hose assembly, after im­ shall be capable of meeting any of the (a) Expansion test 500 p.s.i. air pressure for 30 seconds 55.2.6 High temperature resistance. without rupture (S7.1.5). sixteenths of an inch. For example, “7” designates a hose diameter of seven- An airbrake hose shall show no cracks, 55.1.3.4 Tensile strength and pressure charring or disintegration externally or resistance. A hydraulic brake hose as­ sixteenths of an inch; “6.5” designates a sembly shall withstand a pull of 325 hose diameter of thirteen thirty-seconds internally when straightened after being Pounds without rupture (S7.1.6), and of an inch. bent over a form having the minimum shall then withstand 1,500 p.s.i. air pres­ 55.2.2.2 Each airbrake hose assembly bend radius specified in Table HI (S7.2.3) - sure for 30 seconds without rupture shall be permanently labeled as specified and then impacted with a 10-pound (S7.1.5). ./ in S5.1.2.3. weight (see Figure 1).

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 5858 PROPOSED RULE MAKING

any other hose, without separation from the end fittings or couplings and with­ out rupture of the hose (S7.2.11). 55.2.11 Water resistance. After im­ mersion in distilled water for 168 hours, each airbrake hose and hose assembly shall be capable of meeting the require­ ments of S5.2.10(a)-(e). 55.2.12 Ultraviolet light resistance. After exposure to ultraviolet light for 1,200 hours, and impact with a 10-pound weight (see Figure 1), the outer cover of each airbrake hose shall show no cracks under 7-power magnification (57.2.13) . The hose assembly shall then be capable of meeting the requirements of 85.2.10(a)-(e). 55.2.13 Zinc chloride resistance. After immersion in a 50-percent zinc chloride aqueous solution for 200 hours, the outer cover of each airbrake hose shall show no cracks under 7-power magnification (57.2.14) . The hose assembly shall then be capable of meeting the requirements of S5.2.10(a)-(e). S5.3 Vacuum brake hoses and hose assemblies. S5.3.1 Manufacture. Vacuum brake hose shall have the dimensional require­ ments as specified in Table IV and Table V and shall be manufactured with a smoothbore tube of flexible material, re­ inforced with cord or duck plies, or a combination of both, together with an abrasive, weather, and sunlight resistant cover. Covers for light-duty vacuum and for oil-resisting heavy-duty vacuum brake hose shall be oil resistant. Zinc plated end connections shall be dichro­ mate dipped.

T able IV—H eavy-D uty Vacuum Brake Hose D iameters

Heavy-duty vacuum brake hose size Inside diameter, inch X X X X H 1 Tolerance T able III—Air B rake H ose D iameters and airbrake hose shall not increase more (inch): Minimum B end R adii Plus...... 0.008 0.008 0.008 0.008 0.008 0.010 than 100 percent (S7.2.5). Minus___ 0.020 0.020 0.020 0.020 0.020 0.022 S5.2.10 Ozone resistance. After expo­ Hose, inside, sure to ozone for 70 hours at 104° P. the Outside diameter, inch diameter in x H i X H * X ‘H* V n X X inches outer cover of an airbrake hose shall Hi xHi iH# 1 Hi IHi l)Ha show no cracking when examined under Tolerance Minimum bend 7-power magnification (S7.2.6), and: (inch): radius to (a) Length change. The hose shall not Plus...... Ha Ha Ha Ha Ha H* inside of Minus___ .. Ha Ha Ha Ha H» bend, in contract in length more than 7 percent 09 inches...... \x 2 2 H 3 3 X & 4 nor elongate more than 5 percent when tested under a pressure of 150 p.s.i. T able V—Light-Duty Vacuum B rake 55.2.7 Sizes. The hose shall conform (57.2.7) . H ose D iameters to the dimensional requirements given in (b) Adhesion. The hose shall not re­ Table III. quire a force less than 8 pounds (machine Light-duty vacuum brake hose size 55.2.8 Low temperature compatibility. method) to separate adjacent layers The outer cover of an airbrake hose shall (87.2.8) . Inside diameter, inch show no signs of cracking after condi­ (c) Air pressure. The hose assembly Ha ‘Ha tioning at minus 40° P. for 70 hours, shall show no leakage when tested under air pressure of 300 p.s.i. for 30 seconds when bent around a cylinder having the Tolerance (Inch): 0.028 (57.2.9) . 0.028 0.028 minimum bend radius specified in Table Plus.—...... 0.032 0.032 III, and shall not rupture when tested (d) Strength. The hose shall not rup­ Minus...... 0.032 under 300 p.s.i. air pressure for 30 sec­ ture when tested under hydrostatic pres­ Outside diameter, inch onds (S.7.2.4). sure at 900 p.s.i. (S7.2.10). 55.2.9 Oil resistance. After immersion (e) Tensile strength. The hose as­ Tolerance (inch): 0.032 in ASTM No. 3 oil for 70 hours at 212° F. sembly shall withstand a pull of 250 0.032 0.032 Plus...... 0.032 a 032 the volume of a specimen prepared from pounds if it is %-inch, %G-inch, or M inus...... 0.032 the inner tube and from the cover of an %-inch hose, or of 325 pounds, if it is

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 PROPOSED RULE MAKING 5859 85.3.2 Labeling. of the requirements set forth under this (c) Cover elongation. The cover stock 85.3.2.1 Each vacuum brake hose heading, when tested under the condi­ shall have an elongation at break not shall be labeled as specified in S5.1.2.2 tions of 86 and the applicable procedures less than 200 percent (not less than 2 (a), (b), and (c). In addition each hose of S7. inches or more than 6 inches) (S7.3.12). shall also bear the following information 55.3.4 Constriction. A steel ball of (d) Tube tensile. The tube stock shall in the order listed: diameter as specified in Table VI for have a tensile strength not less than (a) A digit indicating intended serv­ heavy-duty vacuum brake hose or Table 1,000 p.s.i. (S7.3.12). ice. The digit “1” designates a light-duty VIE for light-duty vacuum brake hose, (e) Tube elongation. The tube shall vacuum brake hose, “2” designates a under 25 p.s.i. air pressure shall pass have an elongation at break not less heavy-duty vacuum brake hose, and “3” completely through the hose assembly at than 175 percent (S7.3.12). .designates an oil-resisting heavy-duty a rate not less than 1 inch per second S5.3.15 Additional requirements for vacuum brake hose. (S7.3.1). light-duty vacuum brake hose. In addi­ (b) The letter “V” indicating that the 55.3.5 Vacuum braJce hose assembly tion to meeting the requirements of hose is a vacuum brake hose. end connections. After 24 hours exposure S5.3.4 through S5.3.13, each light-duty (c) A number designating hose diam­ to salt spray vacuum brake hose assem­ vacuum brake hose shall also meet the eter in sixteenths of an inch. For ex­ bly end connections shall show no pitting following requirements: ample, “7” designates a hose diameter of or base metal rust of- the connection sur­ (a) Deformation. Each light-duty seven-sixteenths of an inch; “6.5” desig­ face (S7.3.2). vacuum brake hose shall immediately re­ nates a hose diameter of thirteen thirty- 55.3.6 High temperature resistance. A turn to at least 90 percent of the original seconds of an inch. vacuum brake hose shall show no cracks, outside diameter. The collapsed inside 55.3.2.2 Each vacuum brake hose as­ charring, or disintegration externally or diameter (dimension D) shall be that sembly shall he permanently labeled as internally when straightened after being specified in Table VII. The load required specified in S5.1.2.3. ✓ bent over a form having the radius speci­ in the first compression shall be less S5.3.3 Each vacuum brake hose as­ fied in Table VT for heavy-duty type or than 50 pounds, and in the fifth compres­ sembly shall be capable* of meeting any Table VII for light-duty type (S7.3.3). sion it shall be greater than 20 pounds T able VT—H eavy-D uty Vacuum B rake H ose T est R equirements (S7;3.9>. (b) Swell. Each hose shall meet the High temperature Bend requirements of S5.3.12 (S7.3.10). resistance Deformation— Swell— (c) Cover tensile. The cover stock shall Hose—Inside diameter, Specimen Maximum Collapsed ID Strength— diameter have a tensile strength not less than 800 inches Specimen Radius length, collapse (dimension p.s.i. of ball, length, of form, inches of OD, D ), inches indies p.si. (S7.3.12). inches inches inches (d) Cover elongation. The cover stock shall have an elongation at break not 9 1H 8 9Ì2 Ha 1200 Ha less than 200 percent (not less than 2 10 194 12 94a 9ia 1200 Ha 11 2 16 94a 94 1000 »942 inches or more than 6 inches) (S7.3.12). 12 2)4 22 fia 94a 1000 »JÌ2 (e) Cover volume increase. The vol­ 14 28 fia fi» 800 94 16 3J4 36 9ia ume of a specimen prepared from the H 800 54 cover of the hose shall not increase more than 50 percent (S7.2.5). T able VII—Right-Duty Vacuum B rake H ose T est R equirements (f) Tube tensile. The tube stock shall have a tensile strength not less than 700 High temperature Bend p.s.i. (S7.3.12). resistance Deformation— Sw ell- (g) Tube elongation. The tube stock Hose—Inside diameter, Specimen Maximum Collapsed ID- Strength— ball inches Specimen Radius length, collapse (dimension p .si. diameter shall have an elongation at break not length, of form, inches of OD, D), indies factor less than 175 percent (S7.3.12). inches indies inches S5.3.16 Special requirements for oil- resisting heavy-duty vacuum brake hose. 8 1H 7 *944 944 360 H« The tube volume of a specimen of oil- 9 194 11 >944 944 360 11 2 14 »944 944 360 94a resisting heavy-duty vacuum brake hose prepared from the inner tube of the hose shall not increase more than 100 85.3.7 Low temperature compatabil- under 26 inches of Hg. for 10 minutes, y- The outer cover of a vacuum brake percent. (S7.2.5). The brake hose itself after which there shall be no separation shall meet each requirement of S5.3.4 nctee shall show no sighs of cracking of the inner tube from the fabric re­ “ter conditioning at minus 40° F. for through S5.3.14. inforcement of the hose. The steel S6. Test conditions. The requirements „ours when bent around a cylinder ball shall pass freely through the hose 187.3.4). (S7.3.10). of S5 shall be met under the following >85.3.8 Ozone resistance. The outer conditions. 55.3.13 Adhesion. The load required 56.1 The temperature of the testing cover shall show no cracking when ex- to separate adjacent layers shall be not mined under 7-power magnification room is 75° F. alter exposure to ozone (S7.3.5). less than 8 pounds (S7.3.11). 56.2 Except for S7.1.8, S7.2.4, and chnii strength. A vacuum brake hose 55.3.14 Additional requirements for S7.3.4 the test samples are stabilized at aaii not rupture at the hydrostatic pres- heavy-duty vacuum brake hose. In addi­ room temperature prior to testing. ?pec*®®d hi Table VI for heavy- tion to meeting the requirements of 56.3 The brake hose assemblies are S5.3.4 through S5.3.13, each heavy-duty SX M 8“* Table VH for light-duty at least 24 hours old, and unused. type (S7.3.6). ' vacuum brake hose shall also meet the 87. Test procedures. following requirements: mriSi1?, Vacuum. The collapse of the 57.1 Hydraulic brake hoses and hose e- ame*'er °* a vacuum brake hose, (a) Deformation. A heavy-duty vac­ assemblies. under internal vacuum of 26 inches of uum brake hose shall immediately return to at least 90 percent of the original out­ 57.1.1 Constriction test. shaU not exceed 1/16 side diameter. The collasped inside diam­ (a) Measure the constriction of the eter (dimension D) shall be that speci­ brake hose assembly with gage plugs as .¡l5.3*11 ¿end. The collapse of the out- shown in Figure 2. Diameter “A” shall be thAm^eter of a vacuum brake hose at fied in Table VI. The load required in the first compression shall be less than 0.080 inch for %-inch hose, 0.120 inch benHX?!?oint of the test length when for %6-inch hose, and 0.165 inch for Vi- the JSi ends touch shall not exceed 70 pounds, and in the fifth compression dutu ^ues shren in Table VI for heavy- it shall be greater than 40 pounds inch hose. Gage plugs shall weigh 2 (S7.3.9). ounces. Hold the hose assembly verti­ type <87 3 8?d Table 711 f°r light-duty (b) Cover tensile. The cover shall have cally, and insert the “A” diameter portion of the plug one-half inch into the end of shan 3oi,2 SweM- A vacuum brake hose a tensile strength not less than 1,200 the fitting, then permit the gage plug to u sh°w no leakage in vacuum test p.si. (S7.3.12). drop of its own weight the remaining

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 5860 PROPOSED RULE MAKING 2 y2 inches into the hose assembly. Test pressure in hose by closing valve E, after tion factor, is the final volumetric ex­ both ends. which measure the expansion immedi­ pansion of the. hose at 1,000 p.s.i. Read­ (b) Hold the brake hose assembly in ately by opening valve F and allowing just the water level in buret to zero as a straight and vertical position. Pass a water in the expanded hose to rise in the above and repeat procedure to obtain steel ball of diameter equal to diameter buret. As soon as the liquid level is con­ expansion at 1,500 p.s.i. If pressure in “A” of the applicable gage plug through stant, close valve F and take reading on the hose should inadvertently be raised the hose under-25 p.s.i. air pressure. buret K. Repeat this operation so that just prior to thé expansion reading to a the final reading taken on buret K will value above that specified, do not take a "A"diam be the total of three expansions. This reading but release pressure and repeat reading, divided by 3, minus the calibra- procedure.

GAGE PLUG SHALL WEIGH 2-OUNCES. DIMENSION “A” OP THE GAGE PLUG SHALL BE AS PRESCRIBED IN THE SPECIFICATIONS FOR THE HOSE. F igúre 2.—Gage Plug for Testing Construc­ tion of Bore of Hose. S7.1.2 Test apparatus. (a) The test apparatus shall consist essentially of the following, as shown in Figure 3: Source for required fluid pres­ sures, pressure gages, piping, valves, fittings in which the hose assembly may be mounted vertically for application of pressure under controlled conditions, and a graduated buret for measuring the volume of liquid corresponding to the expansion of the hose under pressure. All piping and connections shall be smooth bore without recesses or offsets, so that all air may be freely removed from the system before running each test. Valves shall be capable of withstanding pres­ sures involved without leakage. The ap­ paratus shall be capable of applying pressure at a rate of increase of 15,000 p.s.i. per minute. (b) Establish the calibration correc­ tion factor for the test device at pres­ sures, of 1,000 and 1,500 p.si. using doublewalled, copper-brazed steel tub­ ing with a small diameter, in place of the hose assembly. Subtract these calibra­ A-PRESSURE GAGE OF 10,000-PSI CAPACITY. tion correction factors from expansion B-C0NTR0L VALVE FROM TANK C. readings obtained on test specimens. The C-PRESSURE-MEDIUM TANK (VENTED ON TOP). m a v im iim permissible calibration cor­ rection factor shall be 0.08 cubic centi­ D-SCREW OPERATED MASTER CYLINDER. meters at 1,500 p.s.i. E-VALVE CONTROLLING LINE FROM MASTER (c) Thread the test specimen into po­ CYLINDER TO HOSE. sition on apparatus so as to provide a leakproof seal. Do not twist. Maintain F-VALVE ABOVE NOSE. the hose in a vertical, straight position G-VALVE CONTROLLING FLOW INTO BURET. without tension while under pressure. H-H0SE IN SLACK POSITION. Fill tank C with distilled water, so that when it is filled it is free of air and J —FLUID LINE VALVE, dissolved gases. Open valve B and turn K-BURET GRADUATED IN 0.1 CU CM. crank D to left to allow the maximum F igure 3.—Apparatus for Expansion and Bursting Strength Tests. amount of water to flow into the master cylinder. Next open valves, E, F, and G S7.1.3 Strength test. used when it conforms to these require­ allowing water to run from: tank C (a) The test apparatus shall consist ments and the components are adapted through buret K until no air bubbles are of a pressure system in which the brake to high-pressure work. seen in the buret. Removal of air bubbles hose is so connected that controlled and (b) Connect the brake hose assembly may be facilitated by moving the hose measured fluid pressure may be applied to pressure' system and fill completely back and forth. Close valves B and F and internally. The pressure shall be obtained with water, allowing all air to escape. raise pressure in hose to 1,500 p.s.i., at a by pump or accumulator system and Close relief valve and apply pressure at rate of 15,000 p.s.i. per minute, for not shall be measured with a calibrated gage. 15.000 p.s.i. per minute u n til it reaches more than 10 seconds. After inspecting Provision shall be made for filling the 4.000 p.s.i. Hold for 2 minutes. Then in­ for leaks at the connections, release the hose with distilled water and allow­ pressure in the hose completely by open­ ing all air to escape through a relief crease pressure to 5,000 p.s.i. ing valve F. Close valve F. Adjust water valve prior to application of pressure. S7.1.4 Fatigue life (whip test). Test level in buret K to zero by means of valve Pressure shall be applied at a rate of shall be conducted with free length as G. Turn crank D to the right, raising the specified in Table VIII and with protec­ pressure in the hose to 1,000 p.s.i., at a increase of 15,000 p.s.i. per minute. The rate of 15,000 p.s.i. per minute. Seal this apparatus described in S7.1.2(a) may be tive armor removed.

FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 PROPOSED RULE MAKING 5861

T able IX.—H ose L engths fore applying pressure, wipe the hose as­ cover of hose under 7-power magnifica­ sembly free of any surface bubbles formed tion, ignoring areas immediately adja­ Straight length Slack,i in. during submersion. Apply an internal air cent to or within area covered by binding. (free length, between end fittings), in. H-in. hose ^ie-in. and pressure of 1,500 p.s.i. to the.hose as­ S7.1.11 Salt spray test. Ji-in. hose sembly and maintain for 30 seconds. (a> Apparatus. The apparatus for this 57.1.6 Tensile test. test shall be that described in the 8to 15W, inclusive...... 1 750 1.000 (a) Use a tension testing machine con­ appendix. ±0.015 ±0.015 forming to the "tequirements^ of the (b) Material. The material of con­ Over 15]4 to .19, inclusive...... 1.250 . ±0.015 . Methods of Verification of Testing Ma­ struction of the salt spray chamber shall Over 19 to 24, inclusive------0.750 . chines (ASTM Designation: E4) and be such that it will not affect the cor­ ±0.015 . provided with a recording device to give rosiveness of the fog. Drops of solution the total pull in pounds. The hose as­ which accumulate on the ceiling or cover (a) Test apparatus shall provide the sembly shall be so held that the hose and of the chamber shal not be permitted to same motion to the specimens as the fittings shall have a straight centerline fall on the brake hose. Drops of solution following: A movable header consisting corresponding to the direction of the which fall from the brake hose shall not of a horizontal bar mounted at each end machine pull. be returned to the solution reservoir for on vertically rotating disks through ball (b) Assemble hose assembly in the fix­ respraying. bearings with centers placed 4 inches ture and mount in the testing machine. (c) Position of hose during test. The from disk centers, and an adjustable sta­ Apply a steady tension load at a speed position of the hose assembly in the tionary header parallel to the movable such that the moving head of the testing chamber during the test shall be such header in the same horizontal plane as machine travels at 1 inch per minute that the following conditions are met: the centers of the disks. The headers until the total load reaches 325 pounds. (i) A hose assembly is supported or are each provided with four standard 57.1.7 Water absorption procedure. suspended 30° from the vertical and par­ end connections equally spaced, approxi­ Remove cover of a hose assembly one- allel to the principal direction of hori­ mately 3 % inches on centers in which half inch to five-eighths inch from either zontal flow of fog through the chamber, the hose assemblies are mounted in par­ side of the ¿enter (total 1 inch to I lU based upon the dominant surface being allel. The disks are revolved at a speed of inches of the cover removed) , in such a tested. 800 r.p.m., whereby the hose ends fast­ manner that the oyter braid is exposed, (ii) Each hose is so placed as to permit ened to the moving header are rotated at but the outer yarn is not injured and the free settling of fog on all assemblies. this speed through a circle 8 inches in hose is not elongated. Immerse the as­ (iii) Salt solution from one hose as­ diameter while the opposite hose ends sembly in distilled water at room tem- sembly does not drip on any other hose remain stationary. The end connections preature for 70 hours. W ithin 10 m inutes assembly. on the movable header are tightly after removal from the water, begin tests (d) Salt solution. Solution shall be 5 capped, while those on the stationary S7.1.3, and S7.1.6, as appropriate. Be­ parts by weight of sodium chloride in 95 header are open to a manifold through gin whip test (S7.1.4) not sooner than 10 parts of distilled water or water con­ which water pressure is supplied by minutes, and not later than 30 minutes, taining not more than 200 p.p.m. of total means of a weight-operated plunger in after removal from the water. solids. The sodium chloride shall be sub­ a pressure cylinder. The hose assemblies 57.1.8 Low temperature compatabil- stantially free of nickel and copper and are thereby subjected during test to a ity test. After removal of chafing sleeves shall contain on a dry basis not more constant water pressure which shall be or extra appendages, condition the hose, than 0.1 percent of sodium iodide and not maintained between 225 and 235 p.s.i. in a straight position, and a cylinder of more than 0.3 percent of total impurities. as shown by a gage installed so as to the diameter specified below, in air at The pH of the salt solution shall be such read pressure in the manifold. A limit minus 65° F. for 70 hours. Then, still at that when atomized at 95° F. the col­ switch operated by the plunger weight th at temperature, bend the hose 180 de­ lected solution shall be in the pH range must be used to stop the machine when grees around the cylinder at a steady rate of 6.5 to 7.2. Before the solution is atom­ the water pressure drops as in the case in a period of 3 to 5 seconds. The cylinder ized it shall be free of suspended solids. of rupture of the hose, since it is essen­ diameter shall be 3 inches for ^-inch tial th at the machine stop if the pres­ The pH measurement shall be made elec- hose, and 3% inches for 3%6-inch and trometrically at 77° F. using a glass elec­ sure drops or a hose assembly fails. A *4-inch hose. revolution counter and elapsed tim e in ­ trode with a saturated potassium chlo­ dicator shall be provided. 57.1.9 Brake fluid compatibility pro­ ride brideg, or colorimetrically using (b) Equip the nonrotating header to cedure. Fill a hose assembly with brake Bromthymol blue as indicator. permit attachment of each hose assem­ fluid conforming to Federal Motor Ve­ (e) Air supply. Compressed air supply- bly with individual adjustment for hicle Safety Standard No. 116, as effec­ to nozzle or nozzles for atomizing salt length. When mounted in the whip test tive at 'the time of manufacture of the solution shall be free of oil and dirt and machine, the projected length of the hose, and cap both ends. Condition the maintained between 10 and 25 p.s.i. nose assembly shall be less than the assembly in an oven at 250° F. for 70 (f) Condition in salt supply chamber. straight length by the amount indicated hours. Within 10 minutes after removal (i) Exposure zone of salt spray cham­ as slack in Table VIII. The reduction from the oven, drain the brake hose as­ ber shall be maintained at 95° F. Tem­ irom straight length to projected length sembly of brake fluid and immediately perature within the exposure zone of the on the machine shall be within the limits begin test S7.1.1 or S7.1.3 as appropriate. closed cabinet shall be recorded at least specified. Take the projected length par­ 57.1.10 Ozone resistance test. Bend a twice a day at least 7 hours apart. allel to the axis of the rotating head, brake hose 10 inches longer than the . (ii) Place at least two clean fog col­ install brake hose assemblies in the ap­ circumference of the required cylinder lectors within the exposure zone sp that paratus without any twist. Apply water around the cylinder, the diameter of no drops of solution from the hoses or Pressure and bleed all hose and passages which shall be eight times the nominal other sources are collected. Collectors J? eliminate air pockets or bubbles. Start outside diameter of the brake hose, and shall be placed in the proximity of hoses, me motor rotating the movable head and bind where the ends cross. If the hose one nearest to any nozzle and the other tw the durati°n of the test. Failure of collapses when bent around the cylinder, farthest from all nozzles. Fog shall be me brake hose by water leakage through provide for internal support of the hose. such that for each 80 square centimeters » rupture, and consequent loss of pres- Condition hose for 24 hours in air at room of horizontal collecting area there will ure, constitutes a failure of the test. Run temperature, and then place the hose on be collected in each coUector from 1 to 2 Qr,machine continuously for 35 hours, the cylinder in an exposure chamber con­ milliliters of a solution per hour based ftf tl'1' ! Pressure test. Attach one end taining air mixed with ozone in the pro­ on an average run of at least 16 hours. n tne hose assembly to a source of air portion of 50 parts of ozone per 100 mil­ The sodium chloride concentration of the tv,!SuUre and cap the °Pen end. Submerge lion parts of air by volume, for 70 hours. collected solution shall be 5 percent by hose assembly in water, using a suita- Ambient air temperature in chamber weight. The pH of the collected solution e container for visual observation. Be­ during test shall be 104° F. Then examine shall be 6.5 to 7.2 and shall be made

No. 61- FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 5862 PROPOSED RULE MAKING

electrometrically or colorimetrically ferring to a clean, cool portion of test of the machine and the separated layer] using Bromthymol blue as the indicator. liquid for 30 to 60 minutes. Dip specimen gripped symmetrically and firmly with-1 (iii) The nozzle or nozzles shall be so quickly into acetone, blot lightly with out twisting in the power-actuated lamp, directed or baffled that none of the spray filter paper, and place in a taxed weigh­ adjust the autographic mechanism and can impinge directly on the hose ing bottle and weigh (W*).. Then remove chart to zero and start the machine. Strip ] assemblies. it from bottle and weigh (W<) in dis­ the separating layer from the specimen] (g) Continuity and cleaning, (i) Thetilled water in immediate consecutive approximately a t an angle of 90° to the test shall be continuous for a period of procedure to determine water displace­ tangent of the specimen surface, and 24 hours. ment after test. Pinal weighing shall be continue the separation for a sufficient! (ii) Remove salt deposit from surfacecompleted within 5 minutes after re­ distance to indicate the adhesion value. of hoses by washing gently or dipping moval of test specimen from test liquid. The adhesion value shall be the minimum! in clean running water not warmer than (c) Calculate percentage increase inload over the portion of the chart corre­ 100° P. and then immediately dry. volume as follows: sponding to actual separation of the part S7.2 Airbrake hoses and hose as­ Percentage of increase= being tested, or the minimum load re­ semblies. (W3—W4) - (W,—Wj) corded during actual separation of the 57.2.1 Constriction test. Hold the hose ------X100 part being tested. The load shall be ex- J assembly in a straight and vertical posi­ (W l—W 2) pressed in pounds per inch of width fori tion. Pass a steel ball (of diameter as 57.2.6 Ozone test. Conduct S7.1.10 separation at 1 inch. During test the specified in Table n ) through the hose using air brake hose. Then conduct one cylinder shall rotate freely so as to main-J while under 25 p.s.i. air pressure. of the following tests: Length change tain the line of separation at all times 57.2.2 Salt spray test. Conduct (S7.2.7), adhesion (S7.2.8, air pressure approximately in the same position. S7.1.11 using an airbrake hose. (S7.2.9), strength (S7.2.10), or tensile 57.2.9 Air pressure test. Assemble a] 57.2.3 High temperature resistance strength (S7.2.11). specimen of hose 18 inches in length, test. Bend a specimen of brake hose over 57.2.7 Length change. Lay out the with end fittings as for service, and con­ a form having the minimum bend radius hose in a straight, horizontal position and nect to a source of air pressure. Then specified in Table HI and hold in place apply a pressure of 10 p.s.i. Measure the submerge the hose assembly entirely in by a band or cord. Condition the as­ original length at this pressure. Then water, using any suitable container for sembly for 70 hours in an air oven at increase the pressure to 200 p.s.i. without the water such that visual observation of 212° P. After removal from oven allow releasing the original pressure of 10 p.si. the assembly is permitted. Then apply] hose to cool to room temperature and and make a final length measurement internal , air pressure of 200 p.si. and then remove from the form. Open hose within 1 minute. An increase in the final maintain for 30 seconds. out to a straight length, and impact at length from the original length is an 57.2.10 Strength test. once, one time, with a 10-pound weight elongation. A decrease in the final length (a) Apply hydrostatic pressure by| with a device as illustrated in Figure 1. from the original length is a contraction. means of a hydraulic pump or an accu- ) Examine externally for cracks, charring, 57.2.8 Adhesion test. The test shall mulator system. Connect hose to water-1 or disintegration. Cut specimen length­ be conducted only on original unaged line or pump and fill with water before wise and examine inner tube for signs of specimens using a power-driven appara­ applying pressure, allowing all air in hose cracking. * tus of the inclination balance or pendu­ to escape through a petcock. Then close 57.2.4 Low temperature compatibility lum type which fulfills the following petcock and apply pressure at a uniform requirements: rate of increase of approximately 1,000 test. Condition a hose, in a straight posi­ p.s.i. per m inute until hose ruptures. tion, and a cylinder in a cold box at (i) The applied tension as measured minus 40° P. for 70 hours. Without re­ and recorded is accurate within ± 1 (b ) The brake hose test specimen shall percent. be at least 18 inches in length for hose moving the hose, bend it around the 3 inches or less in inside diameter, and cylinder 180° in not less than 3 seconds (ii) The recording head of the ma­ at least 24 inches in length for larger and not more than 5 seconds. The cylin­ chine has a freely rotating form with an outside diameter substantially the same hose, but in no case shall the length der shall have a diameter of the mini­ exceed 36 inches. mum bend radius specified in Table IH. as the inside diameter of the hose speci­ 57.2.11 Tensile test. Use machine as Conduct S7.1.5 maintaining an internal men that is placed on it. The form shall in S7.1.6. The machine shall be operated air pressure of 300 p.si. for 30 seconds. be mounted in such a way that its axis at a speed of approximately 1 inch per 57.2.5 Oil resistance (volume in­ of rotation will be in the plane of the minute. The specimen of airbrake hose, crease). ply being separated from the ring and approximately 18 inches in length, shall (a) Each test specimen shall be a rec­ that the applied force will be perpendicu­ be so held in the testing machine that tangular rubber block 2 inches long and lar to the tangent of the ring circumfer­ the hose and fittings have a straight cen­ 1 inch wide, having a thickness not over ence at the line of separation. ter line corresponding to the direction of one-sixteenth inch. It shall be cut from (iii) The rate of travel of the power- the machine pull. The hose assembly the brake hose and buffed on both faces actuated grip is a uniform 1 inch per shall be subjected to an increasing ten­ only to extent necessary to insure minute. sion load until failure occurs either by smoothly buffed faces, except when the (iv) The machine is to be operated separation of the specimen from the mid material is too thick, in which case the without any device for maintaining fittings or by rupture of the hose buffing shall be sufficient to reduce speci­ maximum load indication. In a pendu­ structure. mens to one-sixteenth inch. Three speci­ lum type machine, the weight lever 57.2.12 Water resistance. Bend air mens shall be used for each test and the swings as a free pendulum without en­ brake hose assembly around a cylinder results averaged. gagement of pawls.' having the minimum bend radius speci­ (b) Measure the volume of each test (v) The machine is autographic, giv­ fied in Table HI, then immerse in dis­ specimen by a water displacement ing a chart having the inches of separa­ tilled water at room temperature for 168 method in which the specimen is accu­ tion as one axis and applied tension as hours. After removal from distilled water, rately weighed to nearest milligram in the other axis of coordinates. conduct one of the following tests: length air (Wi) and in distilled water (Wj) at (vi) The machine is of such capacity change (S7.2.7), adhesion (S7.2.8), air room temperature. When weighing in that the maximum applied tension dur­ pressure (S7.2.9), strength (S7.2.10), or water take care that specimen is free ing the test is not more than 85 percent tensile strength (S7.2.11). from adhering air bubbles. If necessary or less than 15 percent of the rated ca­ S7.2.13 Ultraviolet light resistance. it may first be wetted by being dipped in pacity. Separate from the specimen by Bend air brake hose assembly Into a acetone and thoroughly rinsed with dis­ hand that layer of the specimen of which circle having the minimum bend radius tilled water. After weighing, blot speci­ the adhesion is to be tested, sufficient to specified in Table HI and place on a turn­ men dry with filter paper, completely permit attaching the power-actuated table with an RS4 sunlamp centered » immerse in ASTM No. 3 oil, and allow damp of the machine. Place the speci­ Inches above. Rotate the turntable at to stand for 70 hours at 100° C. Cool men snugly on the cylinder. With the 33 y3 r.pjn, for 1,200 hours. Remove hose specimen to room temperature by trans­ cylinder attached to the recording head assembly and impact at once, one time,

FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 PROPOSED RULE MAKING 5863 with a 10-pound weight (see Figure 1). S7.3.3 High temperature resistance S7.3.9 Deformation test. Examine under 7-power magnification test. Conduct S7.2.3 using vacuum brake for cracks. Then conduct one of the fol­ hose with dimension of form (Figure 4) (a) Apparatus. The test apparatus lowing tests: Length change (S7.2.7), as specified in Table IX. shall consist of a No. 3 arbor press or adhesion (S7.2.8), air pressure (S7.2.9), other suitable compression device for strength (S7.2.10),, or tensile strength collapsing the diameter of hose speci­ (S7.2.11)4. S7.2.14 Zinc choloride resistance. mens, a platform scale or other suitable Bend air brake hose assembly around a means for weighing the load required to form having the minimum bend radius collapse the hose, and feeler gages for specified in Table III, then immerse in measuring the free distances between the a 50 percent zinc chloride aqueous solu­ inner tube faces of the collapsed hose. tion at room temperature for 200 hours. After removal from solution, examine The weighing device shall have a capacity under 7-power magnification for cracks, of at least 100 pounds and shall indicate then conduct one of the following tests: the applied loads on a dial or scale with Length change (S7.2.7), adhesion an accuracy within ±1 percent. The (S7.2.8), air pressure (S7.2.9), strength (S7.2.10), or tensile strength (S7.2.11). feeler gages shall be of sufficient length S7.3 Vacuum "brake hoses and hose to be passed completely through the test assemblies. specimens of hose, which shall be a sec­ 57.3.1 Constriction test. Conduct tion cut to a length of 1 inch and shall S7.2.1 using vacuum brake hose. be of rectangular cross section with 57.3.2 Salt spray test. Conduct S7.1.11 F igure 4.— Test Specimen on Form for Aging using vacuum brake hose. Test. dimensions as prescribed in Table X.

T able IX—D imensions of Vacuum B rake H ose T est Specimen and (b) Procedure. Place test specimen F orm for H igh T emperature R esistance T est longitudinally in the arbor press with the fabric laps, if any, on either side and Length of Dimensions of form (see Fig. 4) Inside diameter Duty specimen (inches) not in the line of the applied pressure. of hose (indi) type .(inch) A B R C (min.) Insert the weighing device in the press and place the specimen on it so that the VACUUM BRAKE HOSE load applied may be measured. Compress test specimen to the form shown in Light...... 8 m 3 V i Heavy______...... 9 m 3 V i Figure 6 with dimension D as prescribed Light______m ______9 4 Va m W a Va in Table X. Record the observed load Heavy______10 4? i 3Y i 1 Va Va. %... Light...... ______11 5 4 2 Va required to compress specimen to speci­ Heavy______11 5 4 2 - Va ______12 SVi m 2M H fied dimension D. Then compress test ...... 14 6 5 m 1 ....___ 16 7 m m IH specimen 4 additional consecutive times to the form shown in Figure 6 with 57.3.4 Low temperature compatibility scribed in Table VI or Table VII, in the dimension D as prescribed in Table X. test. Conduct S7.2.4 using vacuum brake direction of its normal curvature until Hold the specimen under load each time hose. its ends just touch as shown in Figure 5. for 5 seconds and allow it to recover for 57.3.5 Ozone test. Conduct S7.1.10 us­ Measure the outside diameter of the ing vacuum brake hose. specimen at the middle section A in the approximately 10 seconds which shall 57.3.6 Strength test. Conduct S7.2.10 plane of the centerline before and after elapse between load applications. While using vacuum brake hose. bending, using outside spring calipers under each application of the load, 57.3.7 Vacuum test. Assemble a speci­ and a steel scale graduated to one sixty- measure dimension D by means of the men of vacuum brake hose 12 inches long fourth inch. The difference between the proper feeler gage for the size of hose with end fittings so that one end may be two measurements shall be considered completely closed against air leakage and the collapse of the hose outside diameter being tested. Record the observed load the other end connected to a vacuum on bending. required in the fifth application to com­ Pump. Measure the outside diameter of press the specimen to the specified the test specimen and subject it to a dimension D. The specimen shall fail the vacuum of 26 inches of Hg. for 5 minutes. Connect a manometer or vacuum gage test unless the load is less than that m the system to indicate the degree of specified on the first application and un­ vacuum actually maintained. At the end less the load is greater than that speci­ of the 5-minute period, while the hose is fied on the fifth application. stall under vacuum, again measure the outside diameter of the specimen so as to determine the minimum diameter at any cross section. Make the measurement with outside spring calipers and a steel scale graduated to one sixty-fourth inch. The difference between this measure- Hient and the original outside diameter snail be the collapse of the hose outside diameter under vacuum. S7.2.12 Water resistance.. Bend air- F igure 6.—Deformed Specimen of Vacuum vacuum brake hose, of the length pre­ F igure 5.—Bend Test of Vacuum Brake Hose. Brake Hose.

FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 5864 PROPOSED RULE MAKING

T able X —D imensions of T est Specimen and F eeler Gaoe eor D eformation T est of Vacuum B rake H ose men. Attach to the loyirer grip a hook suitable for holding weights. Suspend a Specimen dimensions Feeler gage dimensions wieight from the hook on the specimen Inside diameter of hose (inch) D uty type (see Fig. 6) Width Thickness to permit the weight assembly to rest D (inch) L (inch) (inch) (inch) on the machine grip holder. If the ma­ chine has a dynamometer head of the %2_. L ight.. fé* compensating type calibrate it at two or Heavy. Ms M# more settings of the compensator. Start U— L ight.. %* fé* 1^2- Heavy. fés the motor and run as in normal testing lfâ2. Light. . fé* fé* until the weight assembly is freely sus­ H.. Heavy. fé pended by the specimen. If the dial or .....d o . fÌ2 fèz ____do. fis fis scale (whichever is normally used in test­ ____do. H Vi ing) does not indicate the weight applied (or its equivalent in stress for compen­ 57.3.10 Swell test. ing a pressure of 3.6 p.s.i. on the speci­ sating tester) within the specified toler­ (a) Cut a speciment of vacuum brake mens and measuring, the thickness to ance, check the machine for excess fric­ hose 12 inches long. Measure the inside within 0.001 inch. The anvil of the mi­ tion in the bearings and all other moving diameter and then fill the specimen with crometer shall be at least 1.4 inches in parts. After eliminating as nearly as pos­ Reference Fuel A as described in the diameter and shall be parallel to the sible all the excess friction, recalibrate Method of Test for Change in Proper­ face of the contact foot. the machine as described in this para­ ties of Elastomeric Vulcanizates Result­ (iv) Testing machine. Tension tests graph. Calibrate the machine at a mini­ ing Prom Immersion in Liquids (ASTM shall be made on a power-driven ma­ mum of three points, using accurately Designation D471), enclosed by means of chine equipped with a suitable dyna­ known weight assemblies of approxi­ suitable cork stoppers to prevent loss by mometer and indicating or recording de­ m ately 10, 20, and 50 percent of capacity. evaporation or leakage. Avoid putting vice for measuring the applied force Include the weight of the lower grip and Fuel A under greater than atmospheric within ± 2 percent. If the capacity range hook as part of the calibration weight. pressure. Allow the filled hose to stand cannot be changed during a test, as in If pawls and ratchet are used during the at room temperature for 48 hours, then the case of the pendulum dynamometer, test, use them during the calibration. remove the fuel and immediately test the applied force at break shall be meas­ Friction in the head may be checked by the hose specimen, in sequence, as de­ ured within ±2 percent, and the small­ calibrating with the pawls up. scribed in paragraphs (b) to (d) of this est tensile force measured shall be (b) Test specimens. Test specimens section. accurate to within 10 percent. If the shall be of sufficient length to permit (b) Drop a steel ball through the dynamometer is of the compensating their installation in the wedge or toggle specimen. If the ball does not pass freely, type for measuring tensile stress di­ grip used in the test. Bench marks shall the specimen fails the test. Diameter of rectly, means shall be provided to adjust be placed on the specimens. To determine steel ball shall be that specified in Table for the cross sectional area of the speci­ the cross sectional area of specimens in VI for Heavy-Duty hose, and equal to men. The response of either an indi­ the form of tubes, the weight, length, the actual inside diameter measurement cator or recorder shall be sufficiently and density of the specimen shall be minus ball diameter factor in Table VII rapid that the applied force is measured determined. The cross sectional area for Light-Duty hose. with the requisite accuracy during the shall then be calculated from these (c) Next subject the specimen to a extension of the specimen to rupture. If measurements as follows: vacuum of 26 inches of Hg. as prescribed the tester is not equipped with a re­ corder, a device shall be provided that w in S7.3.7, except that no measurements a =. of diameter are required and the vacuum indicates after rupture the maximum DL shall be maintained for at least 10 min­ force applied during extension. Testers w h e r e : utes. If the hose leaks, the specimen fails equipped with a device to measure elon­ gation automatically shall be capable of A= Cross sectional area, cm.’, the test. W =W eight in air, g., (d) Cut the specimen lengthwise in determining extensions within 5 percent D=Density, g./cm.s, and two sections and examine for any signs of the original length. If elongation is L=Length, cm. # of separation of the inner tube from the measured manually, a scale capable of fabric. If there is separation, the speci­ measuring each 10 percent elongation To determine the cross sectional area in men fails, the test. shall be provided. square inches, the area A in square cen­ 57.3.11 Adhesion test. Conduct S7.2.8 (v) Grips. The tester shall have two tim eters shall be m ultiplied by 0.155. using vacuum brake hose. grips, one of which shall be connected (c) Determination of tensile stress, 57.3.12 Tensile strength and elonga­ to the dynamometer, and a mechanism tensile strength, and ultimate elonga­ tion of tube and cover. * for separating the grips at a uniform tion. Place specimens in the grips of the (a) Apparatus. Test apparatus shall rate of 20 inches per minute for a dis­ testing machine, using care to adjust it consist of the following: tance of at least 30 inches. Grips for symmetrically in order that the tension (i) Bench marker. The bench marker testing specimens shall be either wedge will be distributed uniformly over the shall have two parallel straight marking or toggle type designed to transmit the cross section. If tension is greater on one surfaces ground smooth in the same applied force over a large surface area side of the specimen than on the other, plane. The surfaces shall be between of the specimen. the bench marks will not remain parallel 0.002 and 0.003 inch in width and at (vi) Calibration of testing machine.. and maximum strength of the rubber will least 0.6 inch in length. The angles be­ The testing machine shall be calibrated not be developed. Start the machine ana tween the marking surfaces and the in accordance with Procedure *A of ASTM note continually the distance between sides shall be at least 75°. The distance E4, Methods of Verification of Testing the center of the two bench marks, tax­ between the centers of the markings sur­ Machines.1 If the dynamometer is of the ing care to avoid parallax. Record tne faces shall be within 0.003 inch of the strain-gage type the tester shall be cali­ stress at the elongation specified for tne required distance. brated at one or more loads daily, in materials under test and at the time o (ii) Stamp pad. The stamp pad shall, addition to the requirements in sections rupture, preferably by means of an auto­ have a plane unyielding surface (for ex­ 7 and 18 of Methods E4. Testers having graphic or spark recorder. At rhpt*r ample, hardwood, plate glass, or plastic). pendulum dynamometers may be cali­ measure and record the elongation to tn The ink shall have no deteriorating ef­ brated as follows: Place one end of a nearest 10 percent on the scale. If fect on the specimen and shall be of con­ specimen in the upper grip of the testing stress and strain are not autographies y trasting color to that of the specimen. machine. Remove the lower grip from recorded, predetermine the distance the machine and attach it to the speci- tween the centers of the rollers for (iii) Micrometers. The dial microme­ elongation specified for the materia ter used to measure the thickness of flat specimens shall be capable of exert­ 1 ASTM Standards Part 30 (1067). der test by the following equation:

FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 PROPOSED RULE MAKING 5865

1 rEM 1 out overcrowding (l.e. no less than 15 cubic plnging on the test specimens. The nozzle D=djoo+c- GJ feet capacity). selected shall produce the desired condition where: (d) The chamber may be made of inertwhen operated at the air pressine selected. D=Distance between the roller centers of materials such as plastic, glass, or stone, Nozzles are not necessarily located at one two grips, but most preferably is constructed of metal end. but may be placed in the center and E=Specified elongation, percent, and lined with impervious plastics, rubber, can also be directed vertically up through C = Inside circumference of the specimen, or epoxy type materials or equivalent. a suitable tower. M=Mean circumference of the specimen, 2. Temperature control, (a) The mainte­ 4. Air for atomization, (a) The air used and nance of temperature within the salt for atomization must be free of grease, oil, G=Circumference of one grip roller (if chamber can be accomplished by several and dirt before use by passing through well- each grip has two rollers, add twice methods. It is desirable to control the tem­ maintained filters. ‘Boom air may be com­ the distance between the centers of perature of the surroundings of the salt pressed, heated, humidified, and washed in the rollers on one grip). spray chamber and to maintain it as stable a water sealed rotary pump, if the tempera­ as possible. This may be accomplished by ture of the water is suitably controlled. Record the stress ah the predetermined dis­ placing the apparatus in a constant tem­ Otherwise cleaned air may be introduced tance between the centers of the rollers and perature room, or by surrounding the basic into the bottom of a tower filled with water, at the time of rupture; preferably by means chamber by a jacket containing water or air through a porous stone or multiple nozzles. of an autographic or spark recorder. At at a controlled temperature. The level of the water must be maintained rupture measure the distance between the (b) The use of immersion heaters in an automatically to insure adequate humidifi­ centers of rollers to within 0.1 inch and internal salt solution reservoir or of heaters cation. A chamber operated according to this record. within the chamber is detrimental where method will have a relative humidity be­ (d) Calculation. Specimen: Calculate the heat losses are appreciable, because of solu­ tween 95 and 98 percent. Since salt solutions tensile stress as follows: tion evaporation and radiant heat on the from 2 to 6 percent will give the same results specimens. (though for uniformity the limits are set at Tensile stress=F/A (c) All piping which contacts the salt 4 to 6 percent), it is preferable to saturate where: solution or spray must be of inert materials the air at a temperature well above the F=Observed force, and such as plastic. Vent piping should be of chamber temperature as insurance of a wet A=Cross-sectional area of the unstretched sufficient size so that a minimum of back fog. Table B shows the temperature, at dif­ specimen. pressure exists and should be installed so ferent pressures, that are required to offset Calculate the tensile strength by letting F in that no solution is trapped. .The exposed end the cooling effect of expansion to atmos­ the above equation for tensile stress be equal of the vent pipe should be shielded from pheric pressure. extreme air currents that may cause fluctua­ to the force required to break the specimen. T able B.—T emperature and P ressure R equire- Calculate the elongation as follows: tion of pressure or vacuum in the cabinet. - ments for Operation of T est at 95° F. 3. Spray nozzles, (a) Satisfactory nozzles L - L. may be made of hard rubber, plastic, or other Elongation, percent = ------— x 100 inert materials. The most commonly used Air pressure, p.s.i. type is made of plastic. Nozzles calibrated 12 14 16 18 for air consumption and solution atomized L=Observed distance between the bench­ are available. T ie operating characteristics marks on the stretched specimen, of a typical nozzle are given in Table A. Temperature, degree fahrenheit. 114 117 119 121 and Lo=Original distance between the bench­ T able A.—Operating C haracteristics of T ypical (b) Experience has shown that most uni­ marks. Spray N ozzle form spray chamber atmospheres are ob­ Calculate the maximum elongation by let­ Air flow, Solution consomp- tained by increasing the atomizing air tem­ ting L in the above equation for elongation liters per min. tion, ml per hr. perature sufficiently to offset heat losses, be equal to the distance between the bench Siphon ------except those that can be replaced otherwise marks at the time of rupture. Calculate the height, in. Air pressure, p.s.i. Air pressure, p.s.i. at very low temperature gradients. tension set by substituting for £, in the above 6 10 15 20 5 10 15 20 5. Types of construction. A modern labora­ equation, the distance between the bench tory cabinet is shown in Fig. 1. Walk-in marks after the 10-minute retraction period. chambers are not usually constructed with 4____ ~ — 19 26.6 31.5 36 2100 3840 4584 5256 Appendix 8____ ...... 19 26.5 31.5 36 636 2760 3720 4320 a sloping celling due to their size and lo­ 12____...... 19 26.5 31.5 36 0 1380 3000 3710 cation. Suitably located and directed spray CONSTRUCTION OF APPARATUS 16...... 19 26.5 31.5 36 0 780 2124 2904 nozzles avoid ceiling accumulation and drip. 1. Cabinets, (a) The salt spray cabinet Nozzles may be located at the ceiling, or 3 consists of the basic chamber, an air satura­ (b) Air consumption is relatively stable feet from the floor directed upward at 30° to tor tower, a salt solution reservior, atomizing at the pressures normally used, but a marked 60° over a passageway. The number of nozzles, specimen supports, provisions for reduction in solution sprayed occurs if the nozzles depends on type and capacity and heating the chamber, and suitable controls level of the solution is allowed to drop appre­ is related to the area of the test space. A for maintaining the desired temperature. ciably during the test. Thus, the level of the 3- to 5-gallon reservoir is required within (b) Accessories such as a suitable adjust­ solution in the salt reservoir must be main­ able baffle or central fog tower, automatic tained' automatically to insure uniform fog the chamber, with the level controlled. The level control for the salt reservoir, and auto­ delivery during the test. major features of a walk-in type cabinet, matic level control for the air saturator tower (c) If the nozzle selected does not atomize which differs significantly from the labora­ are pertinent parts of the apparatus. the salt solution into uniform droplets, di­ tory type, are illustrated in Figure 2. Con­ (c) The cabinet is of sufficient size to test rect the spray at a baffle or wall to pick up struction of a plastic nozzle, is shown in adequately the desired number of parts with­ the larger drops and prevent them from im- Figure 3.

FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 5866 PROPOSED RULE MAKING

Office of Pipeline Safety 149 CFR Part 192] [Notice 71-15; Docket No. OPS-3] MINIMUM FEDERAL SAFETY STANDARDS FOR GAS PIPELINES Initial Determination of Class Location and Confirmation or Revision of Maximum Allowable Operating Pressure; Notice of Public Hearing The Minimum Federal Safety Stand­ ards for the Transportation of Natural and Other Gas by Pipeline were issued on August 11, 1970 (35 F.R. 13248). At that time, it was stated in the preamble that— * * * a new § 192.607 contains requirements for the initial determination of class loca­ tion and confirmation or establishment of 0 » Angle o£ lid , 90 to 125 deg m a x im u m allowable operating pressure. 1 - Thermometer and thermostat for controlling heater (Item Ko, 8) in base Each operator is required to complete before 2 « Automatic water leveling device April 15, 1971, a study to determine (for pipelines operated at more than 40 percent 3 - Humidifying tower ■ ~ 4 • Automatic temperature regulator f o r controlling heater (Item No, 5) of SMYS) the present class location of all of the pipeline in its system, and whether 5 • Immersion heater, non-rusting the maximum allowable operating pressure 6 * Air in le t, mulitple openings for each segment of pipeline is commensu­ 7 » Air tube to spray nozzle rate with the present class location. The op­ 8 • Strip heater in base erator is then required to confirm or revise, in 8 - Hinged top, hydraulically operated, or counterbalanced accordance with § 192.611, the maximum al­ 10 » Brackets for rods supporting specimens, or test table lowable operating pressure of,the affected 11 • Internal reservoir segment of pipeline so that at least 50 per­ 12 » Spray nozzle above reservoir, suitably, located anf baffled cent of the affected pipeline is confirmed or 32A • Spray nozzle housed in idspersion tower located preferably in center of cabinet revised before January 1, 1972, and the re­ 13 » Water Seal mainder before January 1,1973. 14 • Combination drain and exhaust. Exhaust at oppsite side of test space from In view of * * * the diversity of views as spray nozzle (Item 12), but preferably in combination with drain, waste to how much time is needed for confirmation trap, and force draft waste pipe (Items 16, 17, and 19). or revision of pressures after a change has 1 6 - Complete separation between forced draft waste pipe (Item 17) and combination been discovered, * * * the impact of § 192.607 drain and exhaust(Items 14 and 19) to avoid undersirable suction or back will not be known until April 1971, when the pressure. required studies are completed. These studies 17 » Forced draft waste pipe, may show that the existing pipelines are, 1 8 « Automatic levelling device for reservoir for the most part, already in compliance with 19 - Waste trap - ' the new class locations, so that there will 2 0 » Air space or water jacket be little difficulty in meeting the schedule 21 » Test table or rack, well below roof area for adjusting operating pressure. On the other hand, the studies may reveal a prob­ lem of such magnitude as t,o raise serious Fig. 1 ,-Typical Salt Spray Cabinet question as the practicality of the schedule. The Office of Pipeline Safety plans to hold a public hearing in late April 1971 to get the results of the required studies and to give all interested parties an opportunity to present their recommendations on any ad­ justment which may be required in the sched­ ule for adjusting operating pressures. In order to afford ample time to pre- pare the data resulting from the studies for presentation at the hearing, the Oi- Bce of Pipeline Safety will not hold tne hearing referred to above until the mid­ dle of May. As a result of the hearing,-tne AIR Office of Pipeline Safety hopes to develop a, comprehensive picture of the situation of the industry as a whole in this regard, as well as detailed information concern­ NOTE.-The controls are the same, In general, as for the laboratory cabinet (Figl), but are ing each individual company faced wi sized to care for the larger cube. The chamber special problems in complying w has the following features: § 192.607. The information desireu (1) Heavy insulation, (2) Regrigeration door with drip rail, or ptes* should cover such specifics as the con­ sure door with drip rail, inward sloping sill, templated methods of scheduling^ (3) Low temperature auxilliary heater, and (including the length of tim e for req (4) Duck boards on floora with floor sloped shutdown) ; the effects of testing and m to combination drain and air exhaust, revision of maximum allowable opera - Fig, 2.-Walk-in Chamber, 5 by 8 ft and ing pressures on throughput (mcl Upward in Overall Size [FR Doc.71-4181 Filed 3-29-71; 8:45 am]

FEDERAL REGISTER. VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 PROPOSED RULE MAKING 5867 percentage of system likely to be affected, forth proposed national primary and sec­ 609, which amended section 8 of the effect on storage, effect on customers, ondary ambient air quality standards for Home Owners’ Loan Act of 1933 to grant both interruptible and noninterruptible, sulfur oxides and five other types of air the Board regulatory authority over cer­ and capability of interchange with the pollutants. National secondary ambient tain District of Columbia institutions. Ac­ operator’s other lines or lines of other air quality standards must, under sec­ cordingly, for the purposes of allowing operators); cost data; total length of tion 109 of the Clean Air Act, as amended such institutions to invest in service cor­ time to confirm or revise operating pres­ (sec. 4, Public Law 91-604; 84 Stat. porations and act as trustees for certain sures; etc. 1679), define levels of air quality which pension trusts to the same extent per­ Accordingly, the Office of Pipeline the Administrator judges necessary, mitted Federal savings and loan associa­ Safety will conduct a public hearing at based on applicable air quality criteria, tions, the Federal Home Loan Bank 10 a.m. (Mi Wednesday, May 12, and if to protect the public welfare from any Board proposes to amend said subchapter necessary, on Thursday, May 13, in Room known or anticipated adverse effects of by: (1) Revising the caption thereof; 2230, 400 Seventh Street SW., Washing­ an air pollutant. Upon further examina­ (2) adding a new § 581.6 to Part 581— ton, DC. The hearing will be an informal tion of the air quality criteria for sulfur Definitions; and (3) adding a new Part one. It will not be a judicial or eviden­ oxides issued February 11, 1969 (34 F.R. 582a—Operations of District of Columbia tiary type of hearing. There will be no 1988), it has been determined that Associations, to read as follows: cross-examination of persons presenting protection of the public welfare from SUBCHAPTER E—DISTRICT OF COLUMBIA SAV­ statements, A staff member of the Office adverse effects associated with short­ INGS AND LOAN ASSOCIATIONS AND of Pipeline Safety will make an opening term exposure to sulfur oxide requires BRANCH OFFICES statement outlining the problem. Inter­ promulgation of an additional secondary 1. The caption of Subchapter E is re­ ested persons will then have an oppor­ standard, as proposed below. The para- tunity to present their in itial oral state­ rosaniline measurement method, as de­ vised as set forth above. ments. After all in itial statem ents have scribed in Appendix A of the January 30, PART 581—-DEFINITIONS been completed, those persons who wish 1971, notice would be applicable to this 2. A new § 581.6 is added to read as to make rebuttal statements will be given additional secondary standard. follows: the opportunity to do so in the same Interested persons may submit written order in which they made their initial comments in triplicate to the Office of § 581.6 District of Columbia association. statements. Additional procedures for the Acting Commissioner, Air Pollution The term “District of Columbia associ­ the conduct of the hearing will be an­ Control Office, Environmental Protection ation’’ means an association which is in­ nounced at the hearing. Agency, Parklawn Building, Room 17- corporated or organized uilder the laws Interested persons are invited to at­ 59, 5600 Fishers Lane, Rockville, MD of the District of Columbia and which tend the hearing and present oral or 20852. All relevant comments received has its principal office located therein. written statem ents on the m atters set not later than 21 days after the publica­ for hearing. These statements will be tion of this proposal will be considered. PART 582a— OPERATIONS OF DIS­ made a part of the record of the hearing, The standard, modified as the Adminis­ TRICT OF COLUMBIA ASSOCIATIONS the transcript of which will be a matter trator deems appropriate after consider­ of public record. Any person who wishes ation of comments, will be promulgated 3. A new Part 582a is added to read as to make oral statements at the hearing no later than April 30, 1971. follows: should notify the Director, Office of Pipe­ This notice of proposed rule making § 582a. I Miscellaneous activities. line Safety, before May 6, 1971, stating is issued under the authority of section 4, Public Law 91-604, 84 Stat. 1679. Any District of Columbia association the amount of time required for his ini­ may, if not inconsistent with the terms tial statement. All communications con­ Dated: March 24, 1971. cerning the hearing should be addressed of its charter, certificate or articles of to the Director, Office of Pipeline Safety, William D. R uckelshaus, incorporation, constitution, or bylaws, Department of Transportation, 400 Administrator. to the same extent as it could if it were Sixth Street SW., Washington, DC 20590. a Federal savings and loan association: In the new Part 410 proposed to be (a) Invest in a service corporation, This notice is issued under the au­ added to Chapter IV, Title 42, Code of pursuant to the provisions of § 545.9-1 of thority of the Natural Gas Pipeline Federal Regulations, on January 30, this chapter; and Safety Act of 1968 (49 U.S.C. sec. 1671, et 1971 (36 F.R. 1502), a new § 410.5(c) (b) Act as a trustee of any trust form­ seq.), Part 1 of the regulations of the would be added, as follows: ing part of a stock bonus, pension, or Office of thg Secretary of Transportation § 410.5 National secondary ambient air profit-sharing plan, pursuant to the pro­ (49 CPR Part 1), and the delegation of quality standards for sulfur oxides visions of § 545.17-1 of this chapter. authority to the Director, Office of Pipe­ (sulfur dioxide). line Safety, dated November 6, 1968 (33 (Sec. 8, 48 Stat. 132, as added by sec. 913, F.R. 16468). * * * * * Public Law 91-609, 84 Stat. 1815. Reorganiza­ (c) 1,300 micrograms per cubic meter—tion Plan No. 3 Of 1947, 12 F.R. 4981, 3 CFR, Issued in Washington, D.C., on maximum 3-hour concentration not to 1943-48 Comp., p. 1071) March 24,1971. be exceeded more than once per year. Resolved further that interested per­ J oseph C. Caldwell, [FR Doc.71-4314 Filed 3-29-71;8:45 am] sons are invited to submit written data, Acting Director, views, and arguments to the Office of the Office of Pipeline Safety. Secretary, Federal Home Loan Bank [PRDoc.71-4355 Plied 3-29-71;8:48 am] FEDERAL jlOME LOAN BANK BOARD Board, 101 Indiana Avenue NW., Wash­ ington, DC 20552, by April 19, 1971, as [ 12 CFR Ch. V 1 to whether this proposal should be ENVIRONMENTAL PROTECTION [No. 71-284] adopted, rejected, or modified. Written material submitted will be available for DISTRICT OF COLUMBIA SAVINGS public inspection at the above address AGENCY AND LOAN ASSOCIATIONS AND unless confidential treatment is re­ E 42 CFR Part 410 1 BRANCH OFFICES quested or the material would not be made available to the public or other­ NATIONAL PRIMARY AND s e c o n d ­ Service Corporations and Certain wise disclosed under § 505.6 of the gen­ a r y AMBIENT AIR QUALITY Pension Trusts eral regulations of the Federal Home STANDARDS March 18, 1971. Loan Bank Board (12 CFR 505.6). Notice of Proposed Standard for Sulfur Resolved, that the Federal Home Loan By the Federal Home Loan Bank Oxides Bank Board considers it advisable to Board. amend Subchapter E of Chapter V of On January 30, 1971, notice of pro­ Title 12 of the Code of Federal Regula­ [seal] G renville L. Millard, Jr., posed rule making was published in the tions to implement the authority con­ Assistant Secretary. federal R egister (36 F.R. 1502) setting tained in section 913 of Public Law 91- [FR Doc.71-4375 Filed 3-29-71;8:50 am] FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 5868 Notices

its former name, Fidelity-Phenix Insur­ Sec. 12, all; DEPARTMENT OF THE TREASURY ance Company. The underwriting limita­ Sec. 13, lots 1, 2,3,4, N%, Ny2S%; tion of $358,000 previously established Sec. 14, lots 1, 2,3,4, NE&; Fiscal Service Sec. 16, lots 1 through 8, Sy^NW^, Ey2 for the Company remains unchanged. swy4, SW%SEJ4; [Dept. Oirc. 570,1970 Rev., Supp. No. 10] In view of the foregoing, no action Sec. 17, lots 1 through 7, NE(4: need be taken by bond-approving officers Sec. 18, lot 1; GLENS FALLS INSURANCE.COMP ANY, by reason of the merger of the Glens Sec. 21, lots 1,2,3, 4, N»/2NEi4; FIDELITY-PHENIX INSURANCE Falls Insurance Company into The Con­ Sec. 22, lots 1 through 9, SW^NW^, Ny2 COMPANY, AND THE GLENS FALLS tinental Insurance Company and the sy2; Sec. 23, lots 1 through 5, S%SW%.» SW1^ INSURANCE COMPANY change of name of the Fidelity-Phenix SE%; Insurance Company to The Glens Falls Sec. 24, lots 1, 2, 3, 4; Termination as Surety on Federal Insurance Company with respect to any Sec. 25, lots 1 through 5, NW^NE1^, sy2 Bonds; Change of Name and Re­ bond or other obligation in favor of the NE%, N%NWy4; placement of Certificate of Author­ United States, or in which the United Sec. 26, lots 1 through 5; States has an interest, direct or indirect, Sec. 27, lot 1. ity issued prior to January 1, 1971, by the Containing 8,130.45 acres. Notice is hereby given that the Certifi­ Glens Falls Insurance Company or T. 2 S., R. 4 E., cate of Authority issued by the Secretary Sec. 6, lot 1; Fidelity-Phenix Insurance Company Sec. 7, lots 1 through 9, SEy4SW%, sy2 of the Treasury ^o Glens Falls Insurance pursuant to the Certificates of Authority SE%; Company, Glens Falls, N.Y., under sec­ issued to the companies by the Secretary Sec. 8, lots 1, 2, 3, 4, Sy2SWy4; tions 6 to 13 of title 6 of the United States of the Treasury. Sec. 17, lots 1, 2, 3, 4, wy2Ey2, wy2; Code to qualify as an acceptable surety Certificates of Authority expire on Sec. 18, lots 1,2, 3, 4, Ey2Wy2, Ey2; on Federal bonds, is hereby terminated June 30 each year unless sooner revoked Sec. 19, lots 1 through 5; effective December 31, 1970, because of and new Certificates are issued on Sec. 20, lots 1 and 2, Wy2NEy4, wy2, SEy4; its merger into The Continental Insur­ Sec. 21, lots 1 through 6, S%SW^; July 1, so long as the companies remain Sec. 22, lots 1 and 2; ance Company as outlined below. qualified (31 CFR Part 223). A list of Sec. 26, lots 1 through 5, Wy^SW^, SE}4 The Continental Insurance Company, qualified companies is published an­ swy4; New York, N.Y., a New York corporation, nually as of July 1, in Department Circu­ Sec. 27, lots 1 through 5, Sy^NE(4. NW14. holds a Certificate of Authority from the lar 570, with details as to Underwriting Ny2sy2, sw yisw yi; Secretary of the Treasury as an accept­ limitations, areas in which licensed to Sec. 28, lots 1 and 2, Ny£, N^S1/^, S% able surety on bonds in favor of the transact fidelity and surety business and SEy4; United States. Pursuant to an Agree­ other information. Copies of the Circu­ Sec. 29, lots 1,2,3,4, N&; ment of Merger approved by the Super­ Sec. 30, lots 1 through 8, Sy^NEy, SE>4 lar, when issued, may be obtained from NWy4; intendent of insurance of New York on the Treasury Department, Bureau of Ac­ Sec. 33, lots 1, 2, 3; November 17, 1970 and effective Janu­ counts, Audit Staff, Washington, D.C. Sec. 34, lots 1 through 6; ary 1, 1971, Glens Falls Insurance Com­ 20226. Sec. 35, lots 1 through 5, Ny2NWy4, SE>4 pany was merged into The Continental NW14. Insurance Company, the surviving com­ Dated: March 24, 1971. Containing 5,174.24 acres. pany. A copy of the merger agreement, [seal] J ohn K. Carlock, 2. The lands are situated upstream as approved, has been received and filed Fiscal Assistant Secretary. from the confluence of the Copper and in the Treasury. The Continental Insur­ [FR Doc.71—4345 Filed 3-29-71;8:48 am] Tonsina Rivers, and approximately 11 ance Company acquired all the business miles east from the junction of the Rich­ and assets, and assumed all the liabilities ardson and Edgerton Highways toward of the Glens Falls Insurance Company, Chitina, Alaska. It is mostly high mesa which ceased to exist as a separate entity. land with dense stands of heavy spruce There has been no change in the under­ DEPARTMENT OF THE INTERIOR Bureau of Land Management and aspen interspersed with dense wil­ writing limitation of $54,192,000 estab­ low brush. The river margins and bottom lished for The Continental Insurance ALASKA land are covered with stands of heavy Company as of July 1,1970. spruce and cottonwood between dense At the same time, Fidelity-Phenix In­ Notice of Filing of Plat of Survey willow and alder brush. surance Company, New York, N.Y., a 1. Plat of survey of the lands described The Edgerton Highway traverses sec­ New York corporation, formally changed below will be officially filed in the An­ tions 20, 27, 28, 29, and 34 of T. 2 S., R- its name to The Glens Falls Insurance chorage Land Office, Anchorage, Alaska, 4 E. Company, effective January 1, 1971. A effective at 10 a.m., April 15,1971. 3. Two land withdrawals by the Fed­ copy of the Certificate of Amendment of eral Power Commission, Power Projects the Restated Certificate of Incorporation C opper R iver Meridian, Alaska m g g 0 JjJ 2138 and 2215, reserved under the pro­ of Fidelity-Phenix Insurance Company, visions of section 24 of the Federal Power approved by the Insurance Department Sec. 1, lots 1 through 6, S'^NW^, SWy4, Act of June 10, 1920, as amended, em­ of the State of New York on Novem­ w y 2SEi4; brace, in part, the following described ber 17, 1970, changing the name of Sec. 2, lots 1, 2,3, 4, Sy2N ^, S Fidelity-Phenix Insurance Company to Sec. 3, lots 1,2,3, 4, 8%n £ , Si/2; lands: Sec. 4, lots 1 through 6, S%N%, NE%SW]4. Copper R iver Meridian, Alaska The Glens Falls Insurance Company, has SE%; been received and filed in the Treasury. Sec. 5, lots 1 through 5; p 2 g 3 52 A new Certificate of Authority as an Sec. 6, lots 1 through 9, SE%SW%; Sec. 1, lots 1 through 6, Sy^NW1/^ acceptable surety on Federal bonds, Sec. 7, lots 1 through 6, NW ^NE^, Sy2 SEy4, and NE&SWy^; dated January 1, 1971, has been issued NEE^NW%, Ny2SE%; Sec. 2, lot 1; NEy4 Sec. 8, lots 1 through 5, SW&SWK; Sec. 12, Ey£NE%, SWy4NEy4, and by the Secretary of the Treasury to the Sec. 9, lots 1, 2,3,4; SE14; Glens Falls Insurance Company, New Sec. 10, lots 1, 2, 3, 4, NE&, Ny2NWi/4, SE}4 Sec. 16, lots 6 and 7, and SEy4SWy4: York, N.Y., to replace the Certificate is­ NWy4, Ni/2SEi/4, SE14SE14; Sec. 17, lots 1 through 7, and sy2NE% sued July 1, 1970, to the Company under Sec. 11, all; Sec. 21, lots 1,2, 3,4, and

FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 NOTICES 5869

Sec. 22, lots 6, 7, 8,9, and NW&SW&; Rough Canyon Marina, Inc., authoriz­ Sec. 23,SW%SW&* ing it to provide marina and boating DEPARTMENT OF HEALTH, Sec. 25, lots 2,3,4,5, and S^NE^i; services for the public at the Rough Sec. 26, lots 1 through 5; Sec. 27, lot 1. Canyon site, Amistad Recreation Area EDUCATION, AND WELFARE for a period of 2 years from April 1,1971 T.2S..R. 4 El- Food and Drug Administration Sec. 6, lot 1; through March 31, 1973. Sec. 7, lots 1 through 8, and S^SE1^; The foregoing concessioner has per­ A. E. STALEY MANUFACTURING CO. Sec. 8, lots 1,2,3,4, and S^SW ^; formed his obligations under a prior per­ Sec. 17, lots 1, 2, 3, 4, W ^N E^, NE%NW%, mit to the satisfaction of the National Notice of Filing of Petition for Food sy2NW%, wy2SE%, E1/2SW%, and NWi4 Park Service and, therefore, pursuant to Additives swy4; the Act cited above, is entitled to be Sec. 18, SE^N E^; . given preference in the renewal of the Pursuant to provisions of the Federal Sec. 20, lots 1 anCalifornia. R obert T. W ebb, A brochure containing a map and in­ [FR Doc.71-4335 Filed 3-29-71;8:47 am] Acting Manager, formation about the proposed Wilder­ Nevada Land. Office*' ness may be obtained from the Forest M&T CHEMICALS, INC. [PR Doc.71-4321 Piled 3-29-71;8:45 am] Supervisor, Cleveland National Forest, 3211 Fifth Avenue, San Diego, CA 92103, Notice of Filing of Petition for Food or the Regional Forester, Appraiser’s Additives National Park Service Building, 630 Sansome Street, San Fran­ cisco, CA 94111. Pursuant to provisions of the Federal AMISTAD RECREATION AREA, TEX. Individuals and organizations are in­ Food, Drug, and Cosmetic Act (sec. 409 Notice of Intention To Issue vited to express their views by appearing (b)(5), 72 Stat. 1786; 21 U.S.C. 348(b) (5) ), notice is given that a petition (FAP Concession Permit at the hearing or may submit written comments for inclusion in the official 1B2651) has been filed by M&T Chemi­ Pursuant to the provisions of section record to the Regional Forester, Ap­ cals, Inc., subsidiary of American Can 5, of the Act of October 9, 1965 (79 Stat. praiser’s Building, 630 Sansome Street, Co., Rahway, N.J. 07065, proposing that 969; 16 U.S.C. 20) public notice is hereby San Francisco, CA 94111, by June 17, § 121.2602 Octyltin stabilizers in vinyl given that 30 days after the date of 1971. publication of this notice, the Depart­ chloride plastics (21 CFR 121.2602) be ment of the Interior through the Super­ Edward P. Cliff, amended to provide for the additional intendent, Amistad Recreation Area, Chief, Forest Service. safe use of di(n-octyl)tin 5,5'-bis (iso- Proposes to issue a concession permit to [FR Doc.71-4363 Filed 3-29-71;8:49 am] octylmercaptoacetate) and di(n-octyl)

. FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 No. 61----- 6 5870 NOTICES tin maleate polymers as stabilizers in the Tex., and the National Aeronautics and emments of the United States and the manufacture of vinyl chloride-ethylene Space Administration (NASA), Wash­ United Kingdom. copolymers (complying with § 121.2609) ington, D.C., have filed applications Dated at Bethesda, Md., this 15th day intended to contact food. dated December 7, 1970, and March 1, of March 1971. Dated: March 22,1971. 1971, respectively, for licenses pursuant to the Atomic Energy Act of 1954, as For the Atomic Energy Commission. R. E. Duggan, amended (the Act), to possess and Eber R, P rice, Acting Associate Commissioner operate the three reactors owned by the Director, Division of for Compliance. U.S. Air Force and located at the Air State and Licensee Relations. [FR Doc.71-4336 Filed 3-29-71:8:47 am} Force’s Plant No. 4 Nuclear Aerospace Reactor Facility (NARF) in Fort [FR Doc.71-4315 Filed 3-29-71;8:45 am] Worth, Tarrant County, Tex. The reac­ SCIENTIFIC SUPPLY CO., INC. tors were constructed and have been [Docket No. 50-4] operated by General Dynamics under Notice of Filing of Petition for Food contract with the Air Force pursuant to NAVAL RESEARCH LABORATORY Additives Section 91b of the Act. License Termination Order Pursuant to provisions of the Federal The Air Force has granted a permit to Food, Drug, and Cosmetic Act (sec. 409 the National Aeronautics and Space Ad­ The Atomic Energy Commission (“the (b)(5), 72 Stat. 1786; 21 U.S.C. 348(b) ministration (NASA) for the use of the Commission”) has found th at the Naval (5)), notice is given that a petition (FAP NARF reactors. NASA in turn will enter Research Laboratory’s (NRL) pool reac­ 1H2590) has been filed by Scientific into a contract with General Dynamics tor located in W ashington, D.C., has been Supply Co., Inc., Post Office Box 5231, for operation of the reactors to conduct dismantled and decontaminated, and Terminal Annex, Denver, CO 80217, pro­ research and development programs for that disposition has been made of the posing that § 121.2547 Sanitizing solu­ the Space Nuclear Propulsion Office and component parts, fuel and other special tions (21 CFR 121.2547) be amended to others. NASA’s application is to acquire nuclear material (pursuant to the Com­ provide for the safe use of a mixture of and possess, but not to operate, the reac­ mission’s order dated July 29, 1970), in methyl dodeeyl benzyl trimethyl am­ tors and General Dynamic’s application accordance with the Commission’s reg­ monium chloride, methyl dodeeyl xylyl- is to acquire, possess and operate. ulations in 10 CFR Chapter I, and in a ene bis-(trimethyl ammonium chloride), The reactors making up the NARF are manner not inimical to the common de­ and an alkyl aryl polyether alcohol as a referred to as the Ground Test Reactor— fense and security or to the health and sanitizing solution on food-processing GTR, the Reactivity Test Assembly— safety of the public. The small amount equipment and utensils and on other RTA, and the Aerospace Systems Test of radioactive material contained in the food-contact articles. region formerly occupied by the reactor Reactor—ASTR. The GTR and ASTR core has been adequately shielded and Dated: March 19, 1971. are 10 MW(t) light-water moderated posted, and possession of this material reactors which have been operating since \ R. E. Duggan, _ by NRL is authorized by the existing 1953 and 1956, respectively, and the RTA Byproduct Material License No. 08- V Acting Associate Commissioner is a 1 kW(t) critical experiment facility for Compliance. 01393-02 held by NRL. Therefore, pur­ which has been operating since 1961. suant to the application by NRL dated [FR Doc.71-4337 Filed 3-29-71;8:47 am] A copy of each application which gives June 17, 1970, and supplements thereto further details is available for public in­ dated December 21 and 31, 1970, and SWIFT & CO. spection in the U.S. Atomic Energy Com­ February 26, 1971, Facility License No. mission’s Public Document Room at 1717 R-5 is hereby terminated as of the date Notice of Withdrawal of Petition for H Street NW„ Washington, DC. of this order. Food Additives Dated at Bethesda, Md., this 19th day ' Also, Indemnity Agreement No. D-6 of March 1971. between the Naval Research Laboratory Pursuant to provisions of the Federal and the Atomic Energy Commission Food, Drug, and Cosmetic Act (sec. For the Atomic Energy Commission. dated December 20, 1962, as amended, is 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), * hereby terminated as of the date of this the following notice is issued. Donald J. Skovholt, Assistant Director order and concurrently Amendment No. In accordance with § 121.52 With­ for Reactor Operations, 4 to Indemnity Agreement No. D-6 is drawal of petitions without prejudice of being executed. the procedural food additive regulations Division of Reactor Licensing. (21 CFR 121.52), Swift & Co., 1919 Swift [FR Doe.71-4316 Filed 3-29-71;8:45 am] Dated at Bethesda, Md., this 18th day Drive, Oak Brook, IL 60521, has with­ of March 1971. drawn its petition (FAP 9A2388), notice [Docket No. 50-365] For the Atomic Energy Commission. of which was published in the F ederal R egister of February 8, 1969 (34 F.R. GULF OIL CORP. P eter A. Morris, 1917)/proposing the issuance of a regu­ Director, lation to provide for the safe use of Notice of Issuance of Facility Export Division of Reactor Licensing. nicotinic acid to promote color retention License [FR Doc.71-4317 Filed 3-29-71:8:45 am] in frozen red meats. Please take notice that no request for Dated: March 19, 1971. a formal hearing having been filed fol­ lowing publication of notice of proposed R. E. D uggan, Acting Associate Commissioner action in the F ederal R egister on Au­ CIVIL AERONAUTICS BOARD gust 22, 1970 (35 F.R. 13482), the Atomic [Docket No. 22628; Order 71-3-95] for Compliance. Energy Commission has issued License [FR Doc.71-4339 Filed 3-29-71;8:47 am] No. XRr-74 to Gulf Oil Corp., authorizing INTERNATIONAL AIR TRANSPORT the export of a 250 kilowatt thermal ASSOCIATION TRIGA Mark I nuclear research reactor to Imperial Chemical Industries, Ltd., Order Regarding Fare Matters ATOMIC ENERGY COMMISSION London, England. The license is being Issued under delegated authority [Docket Nos. 50-379,50-380,50-3811 issued as proposed except that, Gulf General Atomic, Inc., having being March 17, 1971. GENERAL DYNAMICS CÛRP. merged into Gulf Oil Corp. and the ap­ Agreement adopted by Traffic Confer­ ence 1 of the International Air Trans­ Notice of Receipt of Applications for plication having been accordingly amended, the licensee is Gulf Oil Corp. port Association relating to fare matters, Facility Licenses The export of the reactor to England is Docket 22628, Agreement CAB 22223. The General Dynamics Corporation, within the purview of the present agree­ By Order 71-2-91, dated February 22, Convair Aerospace Division, Fort Worth, ment for cooperation between the Gov- 1971, action was deferred, with a view

FEDERAI REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 NOTIGES 5871 toward eventual approval, on a resolu­ International Air Transport Association port of or in opposition to our proposed tion adopted by Traffic Conference 1 of (IATA). The agreements, which have action herein. the International Air Transport Asso­ been assigned the above-designated CAB This order will be published in the ciation (IATA). The agreement, which agreement numbers, would permit con­ F ederal R egister. has been assigned the above-designated tract bulk inclusive tour (CBIT) fares to CAB agreement number, would permit be combined with IATA-agreed fares [seal] H arry J. Zin k , the establishment of 8-day group in­ within the Western Hemisphere, and Secretary. clusive tour (GIT) fares from points in clarify the minimum tour price for use [FR Doc.71-4372 Filed 3-29-71;8:50 am] the United States to Panama City for 15 in connection with South Pacific 35-day or more passengers purchasing at least individual inclusive tour fares. [Docket No. 22628; Order 71-3-127] $70 in ground accommodations. In deferring action on the agreement, In deferring action on the agreement, 10 days were granted in which interested INTERNATIONAL AIR TRANSPORT 10 days were granted in which interested persons might file petitions in support of ASSOCIATION persons might file petitions in support of or in opposition to the proposed action. or in opposition to the proposed action. No petitions have been received within Order Regarding Fare Matters No petitions have been received within the filing period and the tentative con­ Issued under delegated authority the filing period and the tentative con­ clusions in order 71-3-19 will herein be March 23, 1971. clusions in Order 7I-2-9I win herein made final. Agreement adopted by the Joint Con­ be made final. Accordingly, it is ordered, That: ferences of the International Air Trans­ Accordingly, it is ordered, That: port Association relating to fare matters; Agreement CAB 22223 be and hereby Agreements CAB 22133 and CAB 22221 Docket 22628, Agreement CAB 22285. is approved, provided th at approval shall be and hereby are approved. An agreement has been filed with the be subject to the following conditions: Board, pursuant to section 412(a) of the (a) The provision which at departure This order will be published in the F ederal R egister. Federal Aviation Act of 1958 (the Act) would permit a lesser number of passen­ and Part 261 of the Board’s economic gers than that prescribed by the resolu­ [seal] H arry J. Zin k , regulations, between various air car­ tion to travel shall not be limited to situ­ Secretary. riers, foreign air carriers, and other car­ ations caused by circumstances beyond [FfS Doc.71-4371 Filed 3-29-71;8:50 am] riers, embodied in the resolutions of Joint the control of the passengers dropping Conferences 1-2 and 1-2-3 of the Inter­ out of the group and the balance of the [Docket No. 22628; Order 71-3-126] national Air Transport Association group may travel at no' added costs. (IATA) and adopted by mail vote. The (b) In the event a passenger discon­ INTERNATIONAL AIR TRANSPORT agreement has been assigned the above- tinues his journey en route for any rea­ ASSOCIATION designated CAB agreement number. son, th e amount of the fare paid may be Order Regarding Delayed Inaugural The agreement amends an IATA reso­ applied as a credit toward the purchase lution recently approved by the Board1 of transportation at the applicable fare Flights as agreed upon at the 1970 Worldwide calculated from the original point of Issued under delegated authority Passenger Fare Conference held in origin. March 23,1971. Honolulu, in that it would permit the (c) Pull refund shall be made in the Agreement adopted by Joint Confer­ combinability of normal fares in con­ event of death or illness of the passenger ence 1-2 of the international Air Trans­ junction with group inclusive tour fares or of a member of the passenger's im­ port Association relating to delayed and that the stopover points covered by mediate family prior to travel. inaugural flights; Docket 22628, Agree­ such normal fares shall not be counted (d) The amount of the forfeiture to ment CAB 22330. for the purposes of determining the be imposed in the event of cancellation An agreement has been filed with the number of permissible stopovers under by the group or member of the group Board, pursuant to section 412(a) of the the group inclusive tour rules. As pre­ at departure time for any reason shall Federal Aviation Act of 1958 (the Act) sently exists, stopovers resulting from the not exceed 25 percent of the fare paid and Part 261 of the Board's economic combination of normal fares with group and a fter departure the forfeiture shall regulations, between various air carriers, inclusive tour fares are included in the not exceed 25 percent of the excess of the foreign air carriers, and other carriers, number of permissible stopovers under price o f the group-fare ticket over the embodied in the resolutions of Joint Con­ the group inclusive tour rules. cost of normal-fare transportation from ference 1-2 of the International Air Pursuant to authority duly delegated point o f origin to point of cancellation. Transport Association (IATA), and by the Board in the Board’s regulations, adopted by mail vote. The agreement has 14 CFR 385.14, it is not found, on a ten­ This order will be published in the been assigned the above-designated CAB tative basis, that Agreement CAB 22285, Federal R egister. Agreement number. JT12 (Mail 764) 084a and JT123 (Mail [seal] H arry J. Zin k , The agreement permits Pan American 664) 084a is adverse to the public interest Secretary. World Airways, Inc., to postpone to dates or in violation of the Act. [PR Doc.71-4370 Piled 3-29-71;8:50 am] not later than April 15, 1971, the per­ Accordingly, it is ordered, That: formance of its inaugural flights between Action on Agreement CAB 22285 be New York and Damascus. and hereby is deferred with a view [Docket No. 22628; Order 71-3-116] Pursuant to authority duly delegated toward eventual approval. by the Board in the Board’s regulations, international a ir t r a n s p o r t 14 CFR 385.14, it is not found, on a tenta­ Persons entitled to petition the Board ASSOCIATION for review of this order pursuant to the tive basis, that Resolution JT12(Mail Board’s regulations, 14 CFR 385.50, may, Order Regarding Fare Matters 765)200h, which is incorporated in the within 10 days after the date of service above-designated agreement, is adverse of this order, file such petitions in sup­ Issued under delegated authority to the public interest or in violation of port of or in opposition to our proposed March 19, 1971. th e Act. action herein. A greem ent adopted by Joint Confer­ Accordingly, it is ordered, That: ence 3-1 of the International Air Trans­ Action on Agreement CAB 22330 be This order will be published in the port Association relating to fare matters; and hereby is deferred with a view F ederal R egister. Docket 22628, Agreement CAB 22133, toward eventual approval. [seal] H arry J . Zin k , Agreement CAB 22221. Persons entitled to petition the Board Secretary. By Order 71-3-19, dated March 2, for review of this order, pursuant to the 1971, action was deferred, with a view Board’s regulations, 14 CFR 385.50, may, [FR Doc.71-4373 Filed 3-29-71;8:50 am] toward eventual approval, on resolutions within 10 days after the date of service adopted by Joint Conference 3-1 of the of this order, file such petitions in sup­ 1 Order 71-3-87, Mar. 16,1971.

FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 5872 NOTICES

[Docket No. 22628; Order 71-3-147] Thé Board, acting pursuant to sections agreement indicated, to be adverse to INTERNATIONAL AIR TRANSPORT 102, 204(a), and 412 of the Act, makes the public interest or in violation of the! the following findings: ASSOCIATION 1. The Board does not find the follow­ Act, provided that fares shall not be Order Regarding Passenger Fares ing resolutions, incorporated iri the applicable in air transportation: Adopted by the Civil Aeronautics Agreement IATA Title Application Board at its office in Washington, D.C., CAB No. on the 25th day of March 1971. Agreements adopted by the Traffic 22186: , Conferences of the International Air R-68...... 077-...... JT23 Group Fares for Ships Crews (Revalidating and Amend- 2/3. ing). Transport Association relating to pas­ R-71------077k...... Individual Fares for Seamen (NEW)...... _...... 2/3; 1/2/3. senger fares; Docket 22628, Agreement R-104...... 0 9 2 . . Student Fares (Revalidating and Amending)...... 2/3; 1/2/3. CAB 22185,1 Agreement CAB 22222, R-7. Agreements have been filed with the 2. The Board does not find the following resolutions, incorporated in the agree­ Board pursuant to section 412(a) of the ment indicated, to be adverse tojhe public interest or in violation of the Act: Federal Aviation Act of 1958 (the Act) and Part 261 of the Board’s economic Agreement IATA Title Application regulations, between various air carriers, CAB No. foreign air carriers, and other carriers, embodied in resolutions of the Traffic 22185: Conferences of the International Air R-5—...... 002e...... Standard Revalidation Resolution ______...... 2/3. R -1 8 ...... 050------First Class Conditions of Service (Revalidating and Amending).. 2; 2/3. Transport Association (IATA), and R-21___ .... 055...... Joint Conference2/3 First Class Fares...... 2/3. adopted at meetings in Geneva following R-22...... 057...... , First Class Fares-TC2-TC2 (Australasia) Via TCI (Except 1/2/3. Polar). the Honolulu Worldwide Passenger Fare R -23...... 058_____. . . . . First Ctoss Polar Fares...... 1/2/3. Conference. The agreements, which have R -2 4 ...... 059______. . . First Class Fares TC2-TC3 (Asia) Via TCI (Except Polar) 1/2/3. (NEW). been assigned the above-designated CAB R-25______060...... Economy Class^Conditions of' Service (Revalidating and 2; 2/3; 1/2/3. Agreement numbers, are generally in­ Amending). R -26...... 060a______. . . Mixed Class Aircraft (Revalidating and A m ending)...... 2;-2/3; 1/2/3. tended for a 1-year period of effective­ 22222: ness commencing April 1, 1971. R -7 ...... 060a...... Mixed Class Aircraft (Revalidating and A m ending)...... 1/2; 1/2/3 (South Atlantic). The agreements encompass fares and 22185: related resolutions to apply between Eu- R-30______065...... Joint Conference 2/3 Economy Class Fares______2/3. rope/Africa/Middle East and Asia/Aus- R-31______067...... Economy Class Fares-TC2-TC3 (Australasia) Via TCI (Except 1/2/3. Polar). tralasia, and the Board’s primary inter­ R-32...... 068______Economy Class Polar Fares...... 1/2/3. est in the agreements is confined to the R -33...... 069...... Economy Class Fares-TC2-TC3 (Asia) Via TCI (Except Polar) 1/2/3. (NEW). extent they would apply to/from Ameri­ R-40...... 071j___ . . . . . JT2310 Day Excursion Fares-TC3 to Shiraz (N E W )...... -.. 2/3. can Samoa, Guam, and Okinawa. In gen­ R-63______076d______JT23 Affinity Group Fares (Revalidating and Amending). 2/3. R-64- 076g. TC2-TC3 Via TCI Affinity Group Fares (Revalidating and 1/2/3. eral terms, normal first-class and econ­ Amending). . omy fares would be increased in the R-72. 079b. Europe-Japan and Okinawa Contract Bulk Inclusive Tour 2/3; 1/2/3. range of 3 to 5 percent, and promotional Rules (Revalidating and Amending). R-75. 080h. JT23 and JT123 30, 45 and 60 Day Individual Inclusive Tour 2/3; 1/2/3. fare levels would accordingly be adjusted Fares (Revalidating and Amending). upward as a result of the fact that these R-85. 0811. JT23 and JT123 30, 35, 45 and 60 Day Group Inclusive Tour 2/3; 1/2/3. Fares-TC2 to Far East (Revalidating and Amending). are based on a percent discount from the R-88...... 081n._...... JT23 and JT123 30, 35 and 60 Day Group Inclusive Tour Fares- 2/3; 1/2/3. applicable round-trip economy-class Far East to TC2 (Revalidating and Amending). R-91______081t_...... 45 and 60 Day Group Inclusive Tour Fares From Australasia to 2/3; 1/2/3. fare. " TC2 (NEW). In view of their limited application in 22185: R-93...... 084g-...084g...____ 30 Day Group Inclusive Tour Fares, Europe-Japan/Okinawa/ 2/3; 1/2/3. areas of “air transportation” where traf­ Hong Kong/Manila (Revalidating and Amending). fic is of a low-density nature, the Board R-113___ . . . 150a...... Fares for Round Trip (R evalidating)...... 2; 2/3. concludes that approval of fare increases R -114.;_____151a______Circle Trip Discount (Revalidating and Amending) ...... 2; 2/3. R-117______310...... Free Baggage Allowance (Revalidating and Amending)______: . .. 2; 2/3; 1/2/3. provided by the agreements would not R -118-...... 311...... Baggage Excess Weight Charges (Revalidating and Amending)... 2; 2/3. be adverse to the public interest. Indeed, R -1 2 0 ...... 311b ...... Charges for Snow Skiing Equipment (Revalidating and 2;2/3. certain elements of the agreements, Amending). which would permit travel to/from Asia, e g., London-Tokyo, via the Western Accordingly, it is ordered, That: of 1958, as amended, that a public hear­ Hemisphere at more favorable fare levels 1. Those portions of Agreement CAB ing in the above-entitled proceeding will appear advantageous to this country in­ 22185 as set forth in finding paragraph 1 be held before the undersigned examiner sofar as they would help to stimulate above be and hereby are approved, sub­ ject to the condition stated therein; and in Ponce, P.R., on May 11, 1971, at 10 traffic via the United States. The Board a.m. (local time), in the Intercontinental will, however, maintain its outstanding 2. Those portions of Agreements CAB condition on the revalidated and 22185 and 22222 as set forth in finding Hotel, at which tim e and place the evi­ amended student-fare resolution so as to paragraph 2 above be and hereby are dence of all parties to the proceeding preclude its application in air transpor­ approved. will be received. tation. The Board has long held that For information concerning the issues special fares held to narrow segments This order will be published in the of the traveling public and based on the F ederal R egister. involved and other details of this pro­ characteristics of the user are unjustly By the Civil Aeronautics Board. ceeding, interested persons are referred discriminatory. In the same vein, we will to the report and supplemental report [ seal] H arry J . Zin k , also preclude, by condition, the appli­ of prehearing conference and other docu­ cation in air transportation of resolu­ Secretary. tions which would permit group fares for [FR Doc.71-4374 Filed 3-29-71;8:50 am] ments which are in the docket of this ships’ crews and individual fares for proceeding on file in the Docket Section seamen, since the carriers have submit­ of the Civil Aeronautics Board. ted no justification in support of the [Docket No. 22508 etc.] fares in air transportation. MAINLAND-PONCE SERVICE Dated at Washington, D.C., March 25, INVESTIGATION 1971. 1 Agreement CAB 22185, R-5; R-18; R-21 through R-26; R-30 through R-33; R-40; Notice of Hearing [seal! H yman Goldberg, R-63; R—64; R-68; R-71; R-72; R-76; R-85; Hearing Examiner. R-88; R-91; R-93; R-104; R-113; R-114; Notice is hereby given, pursuant to the R-117; R-118; R-120. provisions of the Federal Aviation Act [FR Doc.71-4360 Filed 3- 29- 71;8:50 am]

FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 NOTICES 5873

amended (39 Stat. 733, 75 Stat. 763, 46 section 15 of the Shipping Act, 1916, as FEDERAL MARITIME COMMISSION U.S.C. 814). amended (39 Stat. 733, 75 Stat. 763, 46 HAPAG-LLOYD AKTIENGESELL- Interested parties may inspect and ob­ UB.C. 814). tain a copy of the agreement at the Interested parties may inspect and SCHAFT ET AL Washington office of the Federal Mari­ obtain a copy of the agreement at the Notice of Agreement Filed time Commission, 1405 I Street NW, Washington office of the Federal Mari­ Room 1202; or may inspect the agree­ time Commission, 1405 I Street, NW., Notice is hereby given that the follow­ ment at the Field Offices located at New Room 1202; or may inspect the agree­ ing agreement has been filed with the York, N.Y., New Orleans, La., and San ment at the Field Offices located at New Commission for approval pursuant to Francisco, Calif. Comments on such York, N.Y., New Orleans, La., and San section 15 of the Shipping Act, 1916, as agreements, including requests for hear­ Francisco, Calif. Comments on such amended (39 Stat. 733, 75 Stat. 763, 46 ing, may be submitted to the Secretary, agreements, including requests for hear­ UJS.C. 814). Federal Maritime Commission, Wash­ ing, may be submitted to the Secretary,. Interested parties may inspect and ob­ ington, DC 20573, within 20 days after Federal Maritime Commission, Wash­ tain a copy of the agreement at the publication of this notice in the F ederal ington, D.C. 20573, within 20 days after Washington office of the Federal Mari­ R egister. Any person desiring a hearing publication of this notice in the F ederal time Commission, 1405 I Street NW., on the proposed agreement shall provide R egister. Any person desiring a hearing Room 1202; or may inspect the agree­ a clear and concise statement of the mat­ on the proposed agreement shall provide ment at the Meld Offices located at New ters upon which they desire to adduce a clear and concise statement of the York, N.Y., New Orleans, La., and San evidence. An allegation of discrimina­ matters upon which they desire to ad­ Francisco, Calif. Comments on such tion or unfairness shall be accompanied duce evidence. An allegation of discrim­ agreements, including requests for hear­ by a statement describing the discrimi­ ination or unfairness shall be accom­ ing, may be submitted to the Secretary, nation or unfairness with particularity. panied by a statement describing the Federal Maritime Commission, Washing­ If a violation of the Act or detriment to discrimination or unfairness with par­ ton, D.C. 20573, w ithin 10 days after pub­ the commerce of the United States is al­ ticularity. If a violation of the Act or lication o f this notice in the F ederal leged, the statement shall set forth with detriment to the commerce of the United Register. Any person desiring a hearing particularity the acts and circumstances States is alleged, the statement shall on the proposed agreement shall provide said to constitute such violation or detri­ set forth with particularity the acts and a clear and concise statem ent of the m at­ ment to commerce. circumstances said to constitute such ters upon which they desire to adduce A copy of any such statement should violation or detriment to commerce. evidence. An allegation of discrim ination also be forwarded to the party filing the A copy of any such statement should or unfairness shall be accompanied by a agreement (as indicated hereinafter) also be forwarded to the party filing the statement describing the discrim ination and the statement should indicate that agreement (as indicated hereinafter) or unfairness with particularity. If a vio­ this has been done. and the statement should Indicate that lation of the Act or detrim ent to the com­ Notice of agreement filed by: this has been done. merce of the United States is alleged, the Notice of agreement filed for approval statement shall set forth with particu­ Elliot B. Nixon, Esq., Burlingham, Under­ by: larity the acts and circumstances said to wood, Wright, White, & Lord, 25 Broadway, New York, NY 10004. W. Coletti, Trade-Lanes Shipping Corp., 140 constitute such violation or detriment to Cedar Street, New York, NY 10006. commerce. Agreement No. 9937, a memorandum A copy of any such statement should of understanding between La Centro Agreement No. FF 71-2 between also be forwarded to the party filing the Americana de Navegacion S.A. (CA- Trade-Lanes Shipping Corp. (Trade- agreement (as indicated hereinafter) DENA) and Royal Netherlands Steam­ Lanes), and Franoren Shipping Corp. and the statement should indicate that ship Co. (RNSS), establishes a Coopera­ (Franoren) is intended to secure Federal this has been done. tive Working Arrangement, whereby Maritime Commission approval for an RNSS vessels will no longer call at the agreement whereby Trade-Lanes will re­ Hapag-Lloyd Aktiengesellschaft, Com- Western Venezuelan port of Maracaibo fer all forwarding accounts handled by pagnie Generale and Transatlantique, and ports on Lake Maracaibo to load or it to Franoren. Employees of Trade- and N.V. Nederlandsch-Amerikaansche discharge cargo in the northbound and Lanes are offered employment by Frano­ Stoomvaart Maatschappij. southbound trades between such ports ren. According to the agreement Trade- Notice of agreement filed by: and the United States ports of New York, Lanes will not engage in the business F. Conga: Fawcett, Esq., Graham & James, Philadelphia, Baltimore, and Savannah, of ocean freight forwarding after its cur­ 310 Sansome Street, San Francisco, CA and that such trades shall be serviced by rent shipments have been completed. 94104. CADEN A vessels. However, this shall not ' Commencing with February 1, 1971, Agreement No. 9902-1 modifies the prevent RNSS from transporting cargo and continuing for a period of 10 years basic agreement as necessary to reflect in these trades on particular occasions thereafter, Franoren will pay Trade- the addition of Holland-America lin e to with the consent of CADENA. RNSS shall Lanes 10 percent of its gross operating support CADENA’s application to be­ income from all of its accounts. Gross membership in the joint service. It also operating income, for the purposes of provides that the joint service w ill be come a joint member of the United the agreement, is defined as the sum of known as “Euro-Pacific.” States Atlantic & Gulf-Venezuela and forwarding fees and brokerage earned Dated: March 25,1971. Netherlands Antilles Conference (Agree­ less amounts paid to other (outport) ment No. 6190). forwarders. By order of the Federal Maritime Commission. Dated: March 25,1971. Dated: March 25,1971. F rancis C. Hurney, By order of the Federal Maritime By order of the Federal Maritime Secretary. Commission. Commission. F rancis C. Hurney, [FR Doc.71-4365 Filed 3-29-71; 8:49 am] F rancis C. Hurney, Secretary. Secretary. [FR Doc.71-4367 Filed 3-29-71;8:49 am] u CENTRO AMERICANA DE NAVE­ [FR Doc.71-4366 Filed 3-29-71;8:49 am] GACION S.A. AND ROYAL NETH­ [Docket No. 71-24] ERLANDS STEAMSHIP CO. TRADE-LANES SHIPPING CORP. AND MID-PACIFIC FREIGHT FORWARDERS PRANOREN SHIPPING CORP. Notice of Agreement Filed Increases in Freight Rates in U.S. Notice is hereby given that the fol­ Notice of Agreement Filed Pacific Coast/Hawaii Trade; Order lowing agreement has been filed w ith Notice is hereby given that the follow­ of Investigation and Suspension the Commission for approval pursuant ing agreement has been filed with the Mid-Pacific Freight Forwarders has to section 15 of the Shipping Act, 1916, as Commission for approval pursuant to filed with the Federal Maritime Com-

FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 5874 NOTICES mission Supplement No. 2 to its Tariff tariff schedules in the Bureau of FMC-F No. 2 to become effective April 1, Compliance of the Federal Maritime 1971. This supplement increases the rate FEDERAL POWER COMMISSION on Freight, All Kinds, between U.S. Pa­ Commission; [Docket No. RI71-836, etc.] cific Coast ports and Hawaiian ports. It is further ordered, That the provi­ AUSTRAL OIL CO., INC., ET AL. Upon consideration of said tariff sup­ sions of Rule 12 of the Commission’s plement, the Commission is of the opin­ rules of practice and procedure which Order Providing for Hearing on and ion that the above-designated tariff require leave of the Commission to take Suspension of Proposed Changes matter should be made the subject of a in Rates, and Allowing Rate public investigation and hearing to de­ testimony by deposition or by written in­ terrogatory if notice thereof is served Changes To Become Effective Sub­ termine whether it is unjust, unreason­ ject to Refund 1 able or otherwise unlawful under section within 20 days of the commencement of 18(a) of the Shipping Act, 1916, arid/or the proceeding' are hereby waived for M arch 19,1971. sections 3 and 4 of the Intercoastal Ship­ this proceeding inasmuch as the expe­ Respondents have filed proposed ping Act, 1933, and good cause appear­ changes in rates and charges for juris­ ing therefore: ditious conduct of business so requires. dictional sales of natural gas, as set forth It is ordered, That pursuant to the The provision of Rule 12(h) which re­ in Appendix A hereof. authority of section 22 of the Shipping quires leave of the Commission to request The proposed changed rates and Act, 1916, and sections 3 and 4 of the admissions of fact and genuineness of charges may be unjust, unreasonable, un­ Intercoastal Shipping Act, 1933, an in­ documents if notice thereof is served duly discriminatory, or preferential, or vestigation is hereby instituted into the otherwise unlawful. lawfulness of said increased rates and within ten days of commencement of the The Commission finds.: It is in the pub­ charges with a view to making such find­ proceeding, is similarly waived; lic interest and consistent with the Na­ ings and orders in the premises as the It is further ordered, That Mid-Pacific tural Gas Act th at the Commission enter facts and circumstances warrant. In Freight Forwarders be named as re­ upon hearings regarding the lawfulness of the proposed changes, and that the the event the matter hereby placed spondent in this proceeding; under investigation is further changed, supplements herein be suspended and amended or reissued, such matter will be It is further ordered, That this pro­ their juse be deferred as ordered below. included in this investigation; ceeding be assigned for public hearing The Commission orders : It is further ordered, That pursuant before an examiner of the Commission’s (A) Under the Natural Gas Act, par­ to section 3, Intercoastal Shipping Act, ticularly sections 4 and 15, the regula­ Office of Hearing Examiners and that tions pertaining thereto .(18 CFR Ch. I), 1933, Supplement No. 2 to Tariff FMC-F the hearing be held at a date and a place No. 2 is suspended and the use thereof and the Commission’s rules or practice deferred to and including July 31, to be determined and announced by the and procedure, public hearings shall be 1971, unléss otherwise ordered by this presiding examiner; held concerning the lawfulness of the Commission; proposed changes. It is further ordered, That (I) a copy (B) Pending hearings and decisions It is further ordered, That there shall of this order shall forthwith be served thereon, the rate supplements herein are be filed immediately with the Commis­ on the respondent herein and published suspended and their use deferred until sion by Mid-Pacific Freight Forwarders, in the F ederal R egister; and (II) the date shown in the “Date Suspended Un­ a consecutively numbered supplement to til” column. Each of these supplements the aforesaid tariff which supplement said respondent be duly served with no­ shall become effective, subject to refund, shall bear no effective date, shall repro­ tice of time and place of the hearing. as of the expiration of the suspension duce the portion of this order wherein All persons (including individuals, cor­ period without any further action by the the suspended matter is described and porations, associations, firms, partner­ respondent or by the Commission. Each shall state that the aforesaid matter is Respondent shall comply with the re­ suspended and may not be used until ships, and public bodies) having an inter­ funding procedure required by the Na­ August 1, 1971, unless otherwise author­ est in this proceeding and desiring to tural Gas Act and § 154.102 of the regu­ ized by the Commission; and the rates intervene therein, should notify the Sec­ lations thereunder. and charges, heretofore in effect, and retary of the Commission promptly and (C) Unless otherwise ordered by the which were to be changed by the sus­ Commission, neither the suspended sup­ pended matter shall remain in effect dur­ file petitions for leave to intervene in plem ents, nor the rate schedules sought ing the period of suspension, and neither accordance with Rule 5(1) of the Com­ to be altered, shall be changed until dis­ the matter suspended, nor the matter mission’s rules of practice and procedure position of these proceedings or expira­ which is continued in effect as a result (46 CFR 502.72) with a copy to all par­ tion of the suspension period, whichever of such suspension, may be changed until ties to this proceeding. is earlier. this proceeding has been disposed of or By the Commission. until the period of suspension has ex­ By the Commission. pired, unless otherwise ordered by the [seal] K enneth F. P lumb; [seal] F rancis C. H urney, Acting Secretary. Commission; Secretary. It is further ordered, That copies of 1 Does not consolidate for hearing or dis­ this order shall be filed with the said [FR Doc.71-4364 Filed 3-29-71;8:49 am] pose of the several matters herein.

FEDERAL REGISTER, V O L 36, NO. 61— TUESDAY, MARCH 30, 1971 NOTICES 5875

Appendix A

Rate in Rate Sup­ Amount Date Effective Date Cents per Mcf* effect sub­ Docket Respondent sched­ ple­ 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 Nos.

RI71-836— Austral Oil Co., Inc., 9 12 United Fuel Gas Co. (Thomwell $25,500 2-19-71 4-6-71 61 21.1 8 « 22.375 RI64-187. Agent for Oil Field, Jefferson Davis, and Participations, Inc. Cameron Parishes Southern Louisiana)...... d o ...... — 23 10 .____ do____ , ...... 191,250 2-19-71 . í ...... 4-6-71 «22.1 * « 22.375 RI71-607. RI71-837-- General American 37 11121 United Gas Pipe Line Co. 2,114 2-19-71...... 4- 6-71 * « 22.502850 * « 23.275 RI71-684. Oil Co. of Texas. (Valentine Field, Lafourche Parish) (Southern Louisiana). ____ do_-...... 40 i U 9 Transcontinental Gas Pipe Line 7,105 2-19-71 ...... 4- 6-71 « 23.55 8 « 26.0 Corp. (Johnson’s Bayou Field) (Cameron Parish) . (Southern Louisiana). RI71-838- Sun Oil Co------287 815 Transcontinental Gas Pipe Line ...... 2-19-71 3-22-71 »Accepted Corp. (South Mineral Field, Bee County, Tex. RR. District No. 2)...... dO...... y¿...... - 287 816 ___ do___...... 28,298 2-19-71 4-22-71 »11.0 •19.0 ‘ 12.0 » w 13.0 RI71-839-. Cabot Corp...... 102 2 Michigan Wisconsin Pipe Line 108,000 2-19-71 4- 6-71 17.0 *« 26.0 Co. (Eugene Island Block 285) «18.5 (Offshore Louisiana). RI71-840.. Kerr-McGee Corp____ 112 2 .___ ,da...... 281,250 2-19-71 4- 6-71 « 18.5 8 « 26.0 RI71-841. _ Felmont Oil Corp___ 18 2 ...... d o ...... 112,500 2-19-71 4- 6-71 « 18.5 8 « 26.0 RI71-842.. Trice Production Co. 4 12 Michigan Wisconsin Pipe Line Co. 18,270 2-19-71 4- 6-71 « 19.75 8 « 22.375 et al.» (Welsh Field, Jeff Davis Parish, Southern Louisiana). RI71-843-. Pennzoil Producing 234 13 15 18 U United Gas Pipe Line Co. 106,762 2-17-71 4- 4-71 « 22.375 8 « 25.30 CO. et al.» (Gibson Field, Terrebonne Parish) (Southern Louisiana). RI71-844.. Cities Service Oil C o.. 186 14 15 19 23 Tennessee Gas Pipeline Co., a 17,493 2-16-71 4— 3-71 « 22.375 8 « 23.5 division of Tenneco Inc. (Grand Isle Block 47 Field) (Offshore Louisiana) (Disputed). RI71-845.. Trioe Production Co.18. 5 6 *United Gas Pipe Line Co. (East 3,825, 2-19-71 4- 6-71 «20.25 8 « 22.375 Bell City Field, Calcasieu Parish) (Southern Louisiana), RI71-846-. Trice Production Co. 19 20 7 Trunkline Gas Co. (Riceville 11,020 2-19-71 4- 6-71 « 20.0 8 « 22.375 et al.*8 Field, Vermilion Parish) (Southern Louisiana). RI71-847-. Don Chemical Co___ 1 1 Michigan Wisconsin Pipe Line 29,200 2-22-71 4- 9-71 « 20.625 8 « 21.625 Co. (Southwest Lake Arthur Field, Cameron Parish) (Southern Louisiana). RI71-848.. Lamar Hunt...... 10 5 South Texas Natural Gas Gather­ 422 2-24-71 4-27-71 17.3147 18.3184 ing Co. (May Field, Kleberg County, Tex. RR. District No. 4). RI71-849-. Sun Ofi Co...... 6 21 23 24 21 Transcontinental Gas Pipe L ne 50,000 2-17-71 4-20-71 » 13.04875 21.0 Corp. (Various Fields Starr County, Tex., RR. District No. 4). RI71-850.. Ashland Ofi, I n c ...... 201 20 1 Southern Natural Gas Co. (Fish 988 2-25-71 4-12-71 88 « 20.1143 8 « 21.25 Island Field, Iberia Parish, Southern Louisiana). RI71—861__ Humble Oil & Re- 137 7 Natural Gas Pipeline Co. of 14,363 2-25-71 5- 2-71 16.5619 17.5656 fining Co. America (Ramerina, Southwest Field, Live Oak County, Tex., RR. District No. 2). RI71—852. _ Shell Oil Co. et al____ 132 14 Tennessee Gas Pipeline Co., a 6,150 2-22-71 4-25-71 88 15. 5 88 16.5 division of Tenneco, Inc. (ChestervUle Field, Colorado County, Tex., RR. District No. 3) . RI71-863.. Mobile OU Corp. et al.' 320 »24 Natural Gas Pipeline Co. of 15,976 2-19-71 - ...... ___ 4-22-71 16.0 16.7295 America (La Gloria Field, Jim Wells and Brooks Counties, Tex., RR. District No. 4). RI71-854. _ Mobil OU Corp...... 417 8817 .___ do...... - 536 2-19-71 ...... ___ 4-22-71 16.0 16. 7338 RI71-855.. Sun OU Co____ ;...... 486 2 Michigan Wisconsin Pipe Line 54,000 2-19-71 ...... ___ 4- 6-71 « 18.5 8 « 26.0 Co. (Eugene Island Area Block 285) (Offshore Louisiana). UI71-856-. Petroleum Corp. of 5 s» 3 Coastal States Gas Producing 860 2-18-71 ...... ___ 3-22-71 13.7860 14.9815 RI71-129. Texas et al. Co. 80 (Donna Field, Hidalgo County Tex., RR. District No. 4) . . 7 29 4 5,740 2-18-71 ...... 3-22-71 13.7860 14,9815 RI71-129...... do...... 8 s# 3 _ -do. 1,705 2-24-71 ...... ___ 3-28-71 12. 51 12.8695 RI71-129...... do...... 9 29 4 -do. 145 2-24-71 ...... ___ 3-28-71 12.5148 12.8695 RI71-129...... do...... 10 20 4 -do. 250 2-22-71 ...... ___ 3-26-71 13.5282 13.8829 RI71-129...... do...... 12 29 4 _do- 3,190 2-22-71 ...... ___ 3-26-71 13.5282 13.8829 RI71-129...... d o ...... 13 26 3 . -do. 125 2-24-71 ...... ___ 3-28-71 12.5148 12.8695 RI71-129...... do...... 14 8* 3 . .do. 425 2-24-71 ...... 3-28-71 12.5148 12.8695 RI71-129...... do...... 15 26 3 . -do. 1,420 2-24-71 ...... ___ 3-28-71 12.5148 12.8695 RI71-129...... d o._ ._ ._ ...... 16 26 3 . -do. 2,990 2-18-71 __T...... 3-22-71 13.7860 14.9815 RI71-129. «171-857.. George R. Brown . 3 10 Texas Eastern Transmission 2-25-71 ___.... 5- 1-71 16.8735 17.0743 RI71-294. Corp. (Lochridge Field, Brazoria County, Tex., RR. District No. 3). RI71—858__ John B. Rich. 1 S3Q iTranscontinental Gas Pipe Line 2-19-71 3-22-71 «Accepted Trustee, Agent for Corp. (Orcones Field, Duval Trusts U/D County Tex.', RR. District Donaldson Brown, No. 4). étal. — do...... _ 1 10 .___ do...... ✓ .--'-•.--i,...... = 4,320 2-19-71 4-22-71 13.0 « 16.0

FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 5876 NOTICES

Appendix A—Continued

''Rate in Rate Sup­ Amount Date Effective Date Cents per Mcf* effect sub­ Docket Respondent sched­ ple­ 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 Nos.

RI69-386.. Southern Union Pro­ 1 M ito 26 El Paso Natural Gas Co. (acre­ 7,281 2-22-71 3-26-71 47 Accepted 44 3» « 15.0636 44 « 15.2886 RI89-386. duction Co. age In San Juan County, N . Mex., San Juan Basin and La Plata Company, Colo.). 6 I to 14 E l Paso Natural Gas Co. (acre­ 1,062 2-22-71 3r-25-71 47 Accepted 44 « 16.0619 44 «15.2869 RI69-386. age in San Juan County, N. Mex., San Juan Basin). RI69-627- Jerome P. McHugh ’ » 9 «»4 E l Paso Natural Gas Co. (leases 3,711 2-25-71 3-26-71 44 Accepted «13.0 « 15.0619 et al. in Rio Arriba County, N. Mex., San Juan Basin). RI69-379-. Aztec Oil A Gas C o ... 1 1 to 7 El Paso Natural Gas Co. (Mesa 2,981 2-26-71 3-25-71 47 Accepted 44 « 15.0593 44 « 15.2886 RI69-379. Verde Formation, Rio Arriba, and San Juan Counties, N. Max., Sa i Juan Basin). RI71-8Ö9-. Consolidated Produc­ 4 2 Arkansas Louisiana Gas Co. (Hill 5,786 2-26-71 44 4-28-71 44 15.0 » 16.015 tion Corp. Unit, Le Flore County, Oklahoma Other Area). RI71-860— Humble Oil & Refin­ 111 10 Mississippi River Transmission 383 2-25-71 44 6- 2-71 4415.2003 » 15.7069 RI68-2. ing Co. Corp. (Woodlawn Field, Har­ rison County, Tex., RR. District No. 6). RI71-861-. L. L. Robinson...... - 2 8 Texas Eastern Transmission 369 2-22-71 « 4-26-71 « « « 15.8007 ««17.8519 Corp. (Greenwood-Waskom Field, Caddo Parish, Northern Louisiana). ' RI71-862.. Lamar Hunt et al--... 13 1 Arkansas Louisiana Gas Co. - 360 2-24-71_ « 4-27-71 « 18.75 44 « 19.0 (Sugar Creek Field, Claiborne Parish, Northern Louisiana). RI71-863.. Galaxy Oil Co...... 1 « 3 Arkansas Louisiana Gas Co. 822 2-18-71 4® 4-21-71 »15.0 »16.016 (Arkoma Area, Le Elore et al. Counties, Oklahoma Other Area and Franklin et al. Counties) (Arkansas). RI71-864.. R. M. Mora i et a l... («) («) El Paso Natural Gas Co. (Tubb 1,867 2-26-71 . 4-28-71 14.50 17.50 Field, Lea County, N. Mex., Permian Basin).

•Unless otherwise stated, the pressure base is 14.66 p.s.i.a. 24 Includes Upward B.t.u. price adjustment. I Applicable only to the Bigen 3-X and the 6168' Stray Sand Reservoirs, inadver- 24 Subject to a 0.21931-cent dehydration charge deducted by buyer. tenly omitted in the filings submitted on Nov. 23,1970. >3 Applacable to additional gas added by Supplement No. 24. 4 Increase resulting from termination of moratorium in Southern Louisiana pur-' »* Applicable to additional gas added by Supplement No. 16. suant to Order No. 413 Issued Oct. 27,1970. M Includes letter from the buyer dated Feb. 9, 1971 showing the prices to which * For gas not requiring compression or compressed by buyer. Petroleum Corp. is entitled. 4 For gas compressed by buyer if seller assumes operation of compressors. s® Coastal State resells the subject gas to Trunkline Gas Co. under its R/S No. 1 4 For gas requiring compression if seller elects to install and operate compressors. at an effective rate of 15,6576 cents ESR in Docket No. RI70-1548. * For gas discovered prior to Sept. 28,1960. si Not used. i Agreement dated Dec. 31, 1970, provides among other things for a extension of 3* Inclusive of a 3 compression charge paid to seller by buyer. • contract term until Apr. 1, 1981, and for renegotiated rates specified therein, or any 33 Agreement dated Feb. 1, 1971 provides among other things, for a renegotiated higher area rate. rate of 16 cents. * Based on the assumption that all gas is sold from the 13-cent rate which may or 34 Includes 1 cent per Mef minimum guarantee for liquids. may not be the case. 34 Tax portion of rate applicable only to New Mexico sales. 8 Includes upward B.t.u. adjustment. 34 Applicable to New Mexico sales only. - . . •® Subject to a 0.21931-cent dehydration charge deducted by buyer. *3 Partial'succession to Thomas A. Dugan Rate Schedule No. 4 and Occidental II Submitted as a correction to an earlier increased rate filing. Petroleum Corp., Rate Schedule No. 1. _ 12 Changed name to Oleum, Inc., but filings have not yet bee i received to reflect 44 Pertains only to sales from acreage acquired from Occidental Petroleum corp, such change. 44 Base rate subject to Downward B.t.u. adjustment. 19 As corrected by letter dated Feb. 23,1971. 40 Pursuant to OTder No. 423. . H Pertains to gas sold from the “K D ” and “ KJ” Sand Reservoirs and to gas previ­ 41 Rate of 16.8263 cents currently suspended in Docket No. RI68-686, never made ously shown to qualify for third vintage pi ices per Opinion 667. effective. _ . , h j u Includes documents required by Opinion No. 667 establishing the discovery dates 42 Includes 1.75-eent tax reimbursement. of new reservoirs identified therein. 44 Filing from initial certificated rate to initial contract rate. i* Not used. 44 Applicable only to acreage added by Supplement No. 1. 0 Both buyer and seller are wholly owned subsidiaries of Pennroil United, Inc. 44 Small producer certificate holder in Docket No. CS71-131. 19 Applicable to gas sold from the 15,200' Sand Reservoir which was discovered on 44 Related contract dated Apr. 1,1963. XT h r Dec. 25,1970, and thus qualifying for third vintage price. 47 Accepted, subject to existing suspension proceedings in Docket No. Kmy-aso i* As corrected by filings transmitted by letter date Feb. 22,1971. and R169-379 to be effective as of the expiration of statutory notice period, tne aaie *• As corrected. shown in the “Effective Date” column. . . M H Applicable only to gas sold from reservoirs discovered after Sept. 28, 1960, and 48 Accepted, for filing subject to the existing suspension proceeding In Doc**s no. prior to June 17,1970. RI69-627, to be effective 61 days from date of filing, the date shown in the JSfiecuve 99 Increase to 19 cents suspended in Docket No. RI71-530. (Applicable to gas sold Date” column. ~ „ . from reservoirs discovered prior to Sept. 28,1960.) 44 Accepted to become effective on the dates shown in the “ Effective Date cojuniri. 33 Includes letters between Sun & Transco showing a break down of the prices for 40 Accepted to become effective on the dates shown In the ‘ ‘ Effective Date column* reservoirs by fields. subject to the conditions prescribed elsewhere in this order.1“ 24 As corrected by filing transmitted by letter dated Mar. 1,1971. 41 Pressure base is 15.025 p.s.i.a. Under the provisions of the Commission’s the action taken in the procedural order in with § 154.93 (b-1), the agreement is accepted order issued October 27, 1970, in Docket No. Docket No. AR69-1 accompanying Order No. for filing upon expiration of statutory notice AR69-1, producers in the Southern Louisiana 413, we believe it appropriate to suspend and with the condition that the provision relat­ area were able to file for higher contractually permit an increase filed after November 27, ing to the area rate will only apply upon tne authorized rates within 30 days from such 1970, to become èffective subject to refund Commission’s approval of a Just and reason­ order (by November 27, 1970) and were per­ on the date from January 10, 1971 that corre­ able rate, or settlement rate, in an applicaci mitted to collect such increased rates subject sponds to the number of days that the filing area rate proceeding, for gas of comparable to refund after 75 days had passed (as of was made after November 27,1970. This order quality and vintage. Additionally, the agree­ January 10, 1971). The 75-day period applies so provides. ment of Sun Oil Co. limits the gas reserves to those filings made by producers within 30 The agreement filed by Sun Oil Co. in ad­ committed to such contracts. Neither the days of the Issuance erf the October 27, 1970 dition to providing for the proposed increased basic contracts nor the related certificates order. Producer filing made after November rate of Transcontinental Gas Pipe Line Corp. were previously limited in this manner. 27, 1970, however, were to be subject to nor­ also provides for future escalations to any Therefore, such agreements are accepted for mal Commission suspension procedures. The higher area celling or settlement rate pre­ filing only insofar as they pertain to tne order, however, left open the question of the scribed by the Commission. The provisions reserves specified therein Mid the increas appropriate suspension period for filings relating to the area rate do not conform with are limited only to gas produced from suen made after November 27, 1970. § 154.93 (fo-1) of the Commission’s regula­ reserves. Also, Respondent is advised that The increases involved here were filed after tions. Consistent with Commission action acceptance of such agreements does not con­ the November 27, 1970 deadline. In view of taken on similar filings not in conformity stitute any authorization to abandon any

FEDERAL REGISTER, VOI. 36, NO. 61—TUESDAY, MARCH 30, 1971 NOTICES 5877 acreage covered by the original contracts sideration the financial and managerial which is not covered by these agreements. resources and future prospects of the RENEGOTIATION DOARD Petroleum Corporation of Texas is pro­ company or companies and the banks posing increases with respect to gas sold to PERSONS HOLDING PRIME CON­ Coastal States Gas Producing Co. from leases concerned, and the convenience and in various fields in Hidalgo County, Tex., needs of the community to be served. TRACTS OR SUBCONTRACTS FOR R.R. District No. 4. Coastal resells the sub­ Not later than 30 days after the publi­ TRANSPORTATION BY WATER AS ject gas to Trunkline Gas. Co., at a currently cation of this notice in the F ederal R eg­ COMMON CARRIER effective rate of 15.6576 cents being collected ister, comments and views regarding the subject to refund in Docket No. RI70-1548 proposed acquisition may be filed with Extension of Time for Filing Financial pursuant to its Rate Schedule No. 1. Pe­ Statements troleum’s proposed increases are based on the the Board. Communications should be revenue-sharing provisions of Petroleum’s addressed to the Secretary, Board of Every person who held a prime con­ contracts and therefore the proposed rates Governors of the Federal Reserve Sys­ tract or subcontract for transportation are directly related to Coastal’s rate which is tem, Washington, D.C. 20551. The appli­ by water as a common carrier at any being collected subject to refund. In these cation may be inspected at the office of circumstances the proposed rates should be time during the calendar year 1970 is the Board of Governors or the Federal hereby granted an extension of time un­ suspended for 1 day from the expiration of Reserve Bank of Atlanta. the statutory notice period. til September 1, 1971, for filing a finan­ The proposed increases, except for Pe­ By order of the Board of Governors, cial statement for such year pursuant to troleum’s increases and those relating to tax March 24,1971. section 105(e)(1) of the Renegotiation increases and those relating to sales in Act of 1951, as amended. Southern Louisiana, are suspended for a pe­ [seal] K enneth A. K enyon, riod ending 61 days from the date of filing Deputy Secretary. Dated: March 23, 1971. thus according them the same treatment as will be accorded those producers filing pur­ [PR Doc.71-4319 Filed 3-29-71;8:45 am] Lawrence E. H art wig , suant to Order No. 423. Chairman. Certain respondents request effective dates [PR Doc.71-4331 Piled 3-29-71;8:46 am] for which adequate notice was not given. Ad­ ditionally, certain respondents request waiver INTERIM COMPLIANCE PANEL of the notice requirements, still certain re­ spondents request that the suspension pe­ SECURITIES AND EXCHANGE riod be limited to 1 day. Good cause has not (COAL MINE HEALTH AND been shown for granting these requests and they are denied. COMMISSION All of the producers’ proposed Increased SAFETY) [70-5002] rates and charges exceed the applicable area BETHLEHEM MINES CORP. AND price levels for increased rates as set forth EASTERN COAL CORP. GENERAL PUBLIC UTILITIES CORP. in the Commission’s statement of general policy No. 61-1, as amended (18 CPR 2.56). Applications for Renewal Permits; Notice of Proposed Issue and Sale of [PR Doc.71-4238 Piled 3-29-71;8:45 am] Notice of Opportunity for Public Shares of Common Stock Pursuant Hearing to Rights Offering Applications for Renewal Permits for M arch 23, 1971. FEDERAL RESERVE SYSTEM Noncompliance with the Interim Manda­ Notice is hereby given that General BARNETT BANKS OF FLORIDA, INC. tory Dust Standard (3.0 mg/m3) have Public Utilities Corp. (GPU), 80 Pine been received as follows: Street, New York, NY 10005, a registered Notice of Application for Approval of (1) l'CP Docket No. 10989, Bethlehem holding company, has filed a declaration Acquisition of Shares of Bank Mines Oorp., Brookdale Mine No. 77, USBM with this Commission pursuant to the ID NO. 36 00843 0, Mineral Point, Cambria Public Utility Holding Company Act of Notice is hereby given that application County, Pa., Section ID No. 006 (3 Panel 1935 (Act), designating sections 6(a), has been made, pursuant to section 3£a) Main). 7, and 12(c) of the Act and Rules 42 and (3) of the Bank Holding Company Act (2) ICP Docket No. 10843, Eastern Coal 50 promulgated thereunder as applicable Of 1956 (12 U.S.C. 1842(a) (3)), by Bar­ Corp., Stone Mine, USBM ID No. 15 02096 0, to the proposed transaction. All inter­ nett Banks of Florida, Inc., which is a Stone, Pike County, Ky., Section ID No. 001 ested persons are referred to the declara­ bank holding company located in Jack­ (Section 14), Section ID No. 004 (Section tion, which is summarized below, for a sonville, Fla., for prior approval by the 18), Section ID No. 005 (Section 24), Section ID No. 006 (Section 25), Section ID No. 008 complete statement of the proposed Board o f Governors of the acquisition by (Section 29), Section ID No. 009 (Section 31), transaction. Applicant of 80 percent or more of the Section ID No. 010 (Section 32). GPU proposes to offer up to 3 million voting shares of Hollywood Bank and authorized but unissued shares of its Trust Company, Hollywood, Fla. In accordance with the provisions of common stock (additional common Section 3(c) of the Act provides that section 202(b)(4) of the-Federal Coal stock) for subscription by the holders of the B oard shall not approve: Mine Health and Safety Act Of 1969 (83 its outstanding shares of common stock A n y acquisition or merger or con­ Stat. 742, et seq., Public Law 91-173), no­ on the basis of one share of the addi­ solidation under section 3 which would tice is hereby given that requests for tional common stock of each ten (10) result in a monopoly, or which would be public hearing as to an application for shares of common stock held on the rec­ nr furtherance of any combination or renewal may be filed within 15 days after ord date. The offering of the common conspiracy to monopolize or to attempt publication of this notice. Requests for stock will not be underwritten. The rec­ to m onopolize the business of banking in public hearing must be completed in ac­ ord date will be May 6,1971, or such later anV Part of the United States, or cordance with 30 CFR Part 505 (35 F.R. date as GPU’s registration statement un­ (2) Any other proposed acquisition or 11296, July 15, 1970), copies of which der the Securities Act of 1933 may be­ merger or consolidation under section 3 may be obtained from the Panel on come effective. The subscription price, to whose effect in any section of the country request. be determined by GPU’s Board of Di­ may be substantially to lessen competi­ A copy of the application is available rectors on the record date, will be not tion, or to tend to create a monopoly, or for inspection and requests for public more than the closing price of GPU com­ which in any other manner would be hearing may be filed in the office of the mons took on the New York Stock Ex­ m restraint of trade, unless the Board Correspondence Control Officer. Interim change on the day prior to the record nnds th a t the anticompetitive effects of Compliance Panel, S u ite 800 1730 date and not less than 85 percent there­ he proposed transaction are clearly out­ K Street NW., Washington, DC 20006. of. The subscription period will expire weighed in the public interest by the G eorge A. H ornbeck, May 28, 1971, unless the record date Probable effect of the transaction in Chairman, should be later than May 7, 1971, in meeting the convenience and needs of thé Interim Compliance Panel. which event the expiration date will be com m unity to be served. specified by amendment. Section 3(c) further provides that, in M arch 24, 1971. Rights to subscribe to the additional very case, the Board shall take into con­ [PR Doc.71-4354 Piled 3-29-71;8:48 am] common stock will be evidenced by FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 No. 61----- 7 5878 NOTICES transferable subscription warrants which this Commission, has jurisdiction over [31-706] will be issued to all record holders of the proposed transaction. NATIONAL UTILITIES & INDUSTRIES GPU common stock as promptly as prac- Notice is further given that any inter­ CORP. ticable after the record date. No frac­ ested person may, not later than April 23, tional shares will be issued; however, 1971, request in writing that a hearing Notice of Filing and Order for Hearing any holder with more than 10 shares, but be held on such matter, stating the na­ Regarding Application for Exemption not in exact multiples thereof, may pur­ ture of his interest, the reasons for such March 23, 1971. chase, at the subscription price, one request, and the issues of fact or law extra share of additional common stock. raised by said declaration which he de­ Notice is hereby given that National A stockholder with less than 10 shares of sires to controvert; or he may request Utilities & Industries Corp. (National), common stock will be entitled to pur­ that he be notified if the Commission One Elizabethtown Plaza, Elizabeth, NJ chase, at the subscription price, one full should order a hearing thereon. Any such 07207, has filed an application and an share of additional common stock. In request should be addressed: Secretary, amendment thereto for an order ex­ addition, each holder of a warrant or Securities and Exchange Commission, empting National from all provisions of warrants who exercises such warrant or Washington, D.C. 20549. A copy of such the Public Utility Holding Company Act warrants in full will be given the privi­ request should be served personally or of 1935 (Act) except section 9(a)(2) lege of subscribing, subject to allotment, by mail (airmail if the person being thereof. The application is made under at the same subscription price, for shares served is located more than 500 miles section 3(a) (1) of the Act. of additional common stock not sub­ from the point of mailing) upon the National claimed an exemption as of scribed to pursuant to rights. GPU in­ declarant at the above-stated address, June 13, 1969 from the registration re­ tends to take such action as is appropri­ and proof of service (by affidavit or, in quirements of the Act pursuant to the ate on its part to effect the admission of case of an attorney at law, by certificate) provisions of Rule 2 promulgated there­ the warrants to dealing on the New York should be filed with the request. At any under, Pursuant to Rule 6 National was Stock Exchange. A commercial bank will time after said date, the declaration, as advised by the Commission by letter of be used as subscription agent in connec­ filed or as it may be amended, may be December 18, 1970, that a question ex­ tion with the rights offering. GPU pro­ permitted to become effective as pro­ ists as to whether its exemption from poses to utilize the services of securities vided in Rule 23 of the general rules the registration requirements of the Act dealers in soliciting the exercise by the and regulations promulgated under the may be detrimental to the public inter­ initial record holders of original issue Act, or the Commission may grant ex­ est or the interest of investors or con­ warrants of the subscription privileges emption from such rules as provided in sumers. The present application was represented thereby and in disposing of Rules 20(a) and 100 thereof or take such filed January 27,1971. All interested per­ the shares of additional common stock other action as it may deem appropriate. sons are referred to the application, available to GPU for such disposition. Persons who request a hearing or advice which is summarized below: GPU will pay compensation to the secu­ as to whether a hearing is ordered will National, a New Jersey corporation, is rities dealers, in an amount to be deter­ receive notice of further developments a holding company as defined in section • mined by the GPU Board of Directors at in this matter, including the date of the 2(a) (7) (A) of the Act. One of its sub­ a later time and to be supplied by hearing (if ordered) and any postpone­ sidiary companies, Elizabethtown Gas amendment, for the successful solicita­ ments thereof. Co. (Elizabethtown), also a New Jersey tion of the exercise of original issue war­ corporation, is a public-utility company rants by the initial record holders there­ For the Commission, by the. Division as defined by the Act. of and in connection with the purchase of Corporate Regulation, pursuant to N ational was organized on February of additional common stock by such delegated authority. - 28, 1969. Shortly thereafter it became a holding company when, pursuant to an dealers from GPU. The fee payable with [seal] R osalie F. Schneider, respect to any single beneficial owner exchange offer, it acquired all the out­ Recording Secretary. standing voting shares of the common will not exceed $250. [PR Doc.71-4342 Piled 3-29-71;8:47 am] stock of Elizabethtown. National bases No warrants will be mailed to stock­ holders with registered addresses outside this application on the fact that it and [File No. 500-1] Elizabethtown are predominately intra­ the United States, Bermuda, Canada, state in character and carry on their and Mexico. Such stockholders will be in­ LONG ISLAND PLASTICS CORP. business substantially in the State of New formed in advance by GPU of their Jersey. As a t September 30, 1970, Na­ rights. Any of such warrants as to which Order Suspending Trading tional had consolidated total assets of no instructions have been received be­ March 23, 1971. $78,490,388 and for the year then ended fore the close of business on the second it had consolidated net income of business day preceding the expiration It appearing to the Securities and Ex­ date of the warrants will be sold for cash, change Commission that the summary $3,478,240. v ... suspension of trading in the common Elizabethtown is engaged in the retell and the pro rata portions of such pro­ distribution of natural gas in 68 munici­ ceeds will be delivered to, or held for 2 stock of Long Island Plastics Corp.

FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 NOTICES 5879 northern New Jersey and, to a lim ited customer. In addition, Energy has pur­ carry on their business substantially in degree, in adjacent parts of eastern chased at an approximate cost of $435,- a single state in which National and Pennsylvania. It sells propane gas in 000 an aircraft which it leased through every such subsidiary company thereof bulk at wholesale and also sells gas ap­ National to Executive Airlines, Inc. (Ex­ are organized. pliances at retail. Propane supplies Eliz­ ecutive), discussed below, for a term of (2) Whether, and, if so, to what ex­ abethtown w ith propane it uses for peak 8 years on a net lease basis. For the year tent, the granting of the exemption would shaving purposes. Par the year ended ended September 30, 1970, Energy had be detrimental to the public interest or Septem ber 30, 1970, Propane had oper­ operating revenues of $57,583 and net the interest of investors or consumers. ating revenues of $601,644 and net in­ income of $3,134. (3) Whether National’s application for come of $37,012; (2) Elizabethtown In April 1970, National entered into exemption should be denied or, if grant­ Sales Associates is engaged primarily in an agreement with the major sharehold­ ed, whether such exemption should ex­ the wholesale distribution of appliances ers of Executive to acquire 51 percent of tend to all or only some provisions of and equipment related to the gas indus­ the outstanding common stock of Execu­ the Act. try. Its principal customers are utility tive during 1971 in exchange for 27,778 (4) Whether the granting of any ex­ companies, builders and dealers located shares of National’s common stock, sub­ emption under section 3(a) should be in New Jersey. Its sales territory also ject to upward adjustment depending subject to terms and conditions. includes' the New England area, New upon Executive’s earnings for the cal­ It is further ordered, That any person, York and Pennsylvania. For the year endar years 1971 and 1972. Under the other than applicant, desiring to be ended September 30, 1970, this subsidi­ agreement, National is obligated to loan heard in connection with this proceeding ary company had operating revenues of Executive a minimum of $1,000,000 at the or proposing to intervene therein shall $1,312,306 and net income of $41,372; prime bank interest rate, to be secured by file with the Secretary of the Commis­ (3) Achter Kol Corp. (Achter Kol) owns 5-year convertible subordinated notes. sion, on or before May 3, 1971, a written real estate in certain of the territories in On September 30, 1970, $1,400,000 had request relative thereto as provided in which Elizabethtown distributes natural been advanced to Executive. The un­ Rule 9 of the Commission’s rules of prac­ gas. For the year ended September 30, audited financial statements of Execu­ tice. A copy of such request should be 1970, Achter Kol had operating revenues tive for the 9 months ended Septem­ served personally or by mail (air mail if of $16,430 and a net loss of $4,245. ber 30,1970, reflect a substantial net loss, the person being served is located more Achter Kol also has a New Jersey sub­ which, it is stated, was anticipated. The than 500 miles from the point of mail­ sidiary company, Panther Valley Energy agreement may be terminated by Na­ ing) upon the applicant at the above Co., which operates a natural gas total tional at its option if certain specified stated address, and proof of service (by energy installation. For the year ended financial results were not attained by affidavit or, in case of an attorney at September 30,1970, it had operating rev­ the end of 1970; according to the appli­ law, by certificate) should be filed with enues of $35,968 and a net loss of cation, it appears that these results have the request. Persons filing an application $45,404; and (4) on December 31, 1970, not been attained. to participate or be heard will receive Elizabethtown acquired Carol! Travel, It appearing to the Commission that notice of the date of hearing or any ad­ Inc. (Carol!), since renamed E-Town it is appropriate in the public interest journment thereof as well as other ac­ Travel, Inc., a travel agency located in and in the interest of investors and con­ tions of the Commission involving the Plainfield, N.J. Elizabethtown made a sumers that a public hearing be held with subject matter of these proceedings. loan of $32,000 to the travel agency in . respect to the application; that the stock­ It is further ordered, That the Secre­ connection with th is transaction. H ie holders of National and other interested tary of the Commission shall give notice purchase price was $90,000 subject to persons be afforded an opportunity to of the aforesaid by mailing copies of this Possible downward adjustment depend­ be heard at such hearing with respect to Notice and Order by certified mail to ing on operating results. the application; and that the applica­ National, the New Jersey Board of Pub­ Since its organization National has tion should not be granted except lic Utility Commissioners, the Federal also acquired all of the outstanding cap­ pursuant to fu rth er order of the Power Commission and the US. Depart­ ital stock of National Computer U tility Commission: ment of Justice; that National shall mail Co. (Computil), National Exploration It is ordered, That a hearing be held copies of this Notice and Order, not Co. (Exploration) and National Energy at the office of the Securities and Ex­ later than April 8, 1971, to the stock­ Leasing Co. (Energy), all New Jersey change Commission, 500 North Capitol holders of record of National; and that corporations. All of the companies were Street NW., Washington, DC 20549, at notice to all other interested persons organized by National during 1969. a date to be specified by the Secretary of shall be given by a general release of the Computil offers computer software the Commission. On such date, the hear­ Commission and by publication of this services which include systems' design, ing room clerk will advise as to the room Notice and Order in the F ederal Programing, and inform ation system s in which the hearing will be held. R egister. and provides data handling services It is further ordered, That a Hearing “ rough the use of leased computers. Examiner, hereafter to be designated, By the Commission. «°r the.year ended September 30, 1970, shall preside at said hearing. The officer [seal] R osalie F. S chneider, Computil had operating revenues of so designated is hereby authorized to Recording Secretary. $287,622 and a let loss of $6,851. exercise all powers granted to the Com­ [PR Doc.71-4344 Piled 3-29-71;8:47 am] Exploration is a gas and oil explora­ mission under section 18 do business in Texas and Louisiana. mission’s rules of practice. Exploration was established to develop The Division of Corporate Regulation SMALL BUSINESS natural gas reserves for Elizabethtown. of tiie Commission having advised the Eor the year ended September 30, 1970, Commission that it has made a prelimi­ ADMINISTRATION Exploration had operating revenues of nary examination of the application and [Delegation of Authority 4.4 for Designated w.935 and a net loss of $94,168. Explora- that, upon the basis thereof, the fol­ Disasters, Arndt. 1] non has a subsidiary company, National lowing matters and questions are pre­ REGIONAL DIRECTORS ™ Gathering Co., a New Jersey cor­ sented for consideration, without preju­ poration. The stated purpose of th is sub- dice, however, to the presentation of Delegation of Financial Assistance naiary company is to arrange for the additional matters and questions upon Delegation of Authority No. 4.4 for transportation and marketing of hydro­ further examination: Designated Disasters (36 F.R. 1297), carbons that Exploration and others as­ (1) Whether National and every sub­published January 27, 1971, is hereby sociated with it in any particular drilling sidiary company thereof which is a venture may find. amended by revising Items A.a., A.c., A.cL, public-utility company from which Na­ A. e., A.f., A.g., A.h., B.a., B.c., B.d., B.e., is the owner of, among other tional derives, directly or indirectly, any B. f, B.g., B«h., C.a„ Cjc., C.d„ C.e., O f, ™mgs, two steam generators which pro­ material part of its income, are pre­ C. g., Cii., and by adding Items AJ., A.j„ duce steam for sale to one industrial dominantly intrastate in character and B.i., B.j„ C.I., and C.j., to read as follows:

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 5880 NOTICES A. * * * g. Regional Director, Region VIII, for (11) North Carolina, Cumberland and a. Regional Director, Region n, forthe following disasters: adjacent areas, Disaster No. 808. the following disasters: < ~ (1) Colorado, La Plata, Disaster No. d. Regional Director, Region V, for the (1) New York, Broome, Deleware, 794. following disasters: Tompkins, and Schuyler, Disaster No. (2) North Dakota, Ransom, Disaster (1) Illinois, Crescent City, Disaster 779. No. 771. No. 777. (2) Puerto Rico, San Juan, Disaster (3) Utah, Davis, Disaster No. 772. (2) Minnesota, St. Louis, Disaster No. No. 776. (4) Utah, Sevier, Disaster No. 785. 774. (3) Puerto Rico, Island of Puerto Rico, h. Regional Director, Region IX, for (3) Minnesota, Douglas, Disaster No. Disaster No. 791. the following disasters: 782. (4) New York, Malone area, Disaster (1) Arizona, Maricopa and adjacent (4) Illinois, all areas affected, Disaster No. 804. areas; also Navajo, Disaster No. 786. No. 810. (2) California, Alameda, Disaster No. (5) Minnesota, Miracle Mile Shopping c. Regional Director, Region IV, for 788. Center in Rochester, Disaster No. 811. the following disasters:. (3) California, all areas affected, Dis­ e. Regional Director, Region VI, for (1) Alabama, all areas affected, Dis­ aster No. 789. the following disasters: aster No. 734. (4) Hawaii, Islands of Oahu, Hawaii, (1) Arkansas, Washington, Disaster (2) Florida, all areas affected, Dis­ and Maui, Disaster No. 799. No. 775. aster No. 734. (5) California, Los Angeles and ad­ (2) Tbilisi ana, Beauregard, Calcasieu, (3) Florida, Santa Rosa, Escambia, jacent areas, Disaster No. 802. Jefferson Davis, Allen, Disaster No. 795. Disaster No. 773. i. Regional Director, Region I, for the (3) New Mexico, Bernalillo, Disaster (4) Florida, Bay, Disaster No. 793. following disasters: No. 781. (5) Georgia, Chatham, Disaster No. (1) New Hampshire, Winchester area, (4) Oklahoma, Oklahoma, Disaster 784. D isaster No. 798. No. 770. (6) Mississippi, all areas affected, (2) Massachusetts, Area of Salem and (5) Oklahoma, Lincoln, Pottawato­ Disaster No. 734. North Margin Streets in Boston, Disas­ mie, Disaster No. 790. (7) Florida, Santa Rosa and adjacent ter No. 801. (6) Oklahoma, Murray, Disaster No. areas, Disaster No. 803. j. Regional Director, Region X, for the 792. (8) Mississippi, Town of Ecru, Disas­ following disasters: (7) Texas, Lubbock, Disaster No. 767. ter No. 796. (1) Alaska, city of Fairbanks, town of (8) Texas, all areas affected, Disaster (9) Mississippi, all areas affected, Dis­ Nenana, Disaster No. 634. No. 636. aster No. 807. (2) Washington, Lewis, Grays Harbor, (9) Texas, Hays, Disaster No. 768. (10) Tennessee, McNairy and adja­ Thurston, and Whatcom, Disaster No. (10) Louisiana, Calcasieu and adja­ cent areas, Disaster No. 807. 800. cent areas, Disaster No. 805. (11) North Carolina, Cumberland and (3) Oregon, Clatsop, Tillamook, Dis­ f. Regional Director, Region vn, for adjacent areas, Disaster No. 808. aster No. 806. the following disasters: d. Regional Director, Region V, for the B. To establish disaster field offices (1) Iowa, all areas affected, Disaster following disasters: upon receipt of advice of the designation No. 787. (1) Illinois, Crescent City, Disaster of a disaster area; to advise on the mak­ (2) Iowa, Fort Dodge area, Disaster ing of disaster loans; to appoint as a No. 797. No. 777. processing representative any bank in (2) Minnesota, St. Louis, Disaster No. (3) Nebraska, all areas affected, Dis­ 774. the disaster area; and to close disaster aster No. 809. (3) Minnesota, Douglas, Disaster No. field offices when no longer advisable to g. Regional Director, Region VHI, for 782. maintain such offices: the following disasters: (4) Illinois, all areas affected, Disas­ a. Regional Director, Region H, for (1) Colorado, La Plata, Disaster No. ter No. 810. the following disasters: 794. L , (5) Minnesota, Miracle Mile Shopping (1) New York, Broome, Delaware, (2) North Dakota, Ransom, Disaster Center in Rochester, Disaster No. 811. Tompkins, and Schuyler, Disaster No. No. 771.. ' ■ 779. (3) Utah, Davis, Disaster No. 772. e. Regional Director, Region VI, for (2) Puerto Rico, San Juan, Disaster the following disasters: (4) Utah, Sevier, Disaster No. 785. No. 776. h. Regional Director, Region IX, for (1) Arkansas, Washington, Disaster (3) Puerto Rico, Island of Puerto No. 775. the following disasters: (2) Louisiana, Beauregard, Calcasieu, Rico, Disaster No. 791. (1) Arizona, Maricopa and adjacent Jefferson Davis, Allen, Disaster No. 795. (4) New Yorlr, Malone area, Disaster areas; also Navajo, Disaster No. 786. (3) New Mexico, Bernalillo, Disaster No. 804. (2) California, Alameda, Disaster No. No. 781. * * * * * 788. _ . (4) Oklahoma, Oklahoma, Disaster c. Regional Director, Region IV, for (3) California, all areas affected, Dis- No. 770. the following disasters: o cfpr Nn 7RQ (5) Oklahoma, Lincoln, Pottawatomie, (1) Alabama, all areas affected, Dis­ (4) Hawaii, Islands of Oahu, Hawaii, Disaster No. 790. aster No. 734. and Maui, Disaster No. 799. (6) Oklahoma, Murray, Disaster No. (2) Florida, all areas affected, Dis­ (5) California, Los Angeles and adja­ 792. aster No. 734. cent areas, Disaster No. 802. (7) Texas, Lubbock, D isaster No. 767. (3) Florida, Santa Rosa, Escambia, i. Regional Director, Region I, for tne (8) Texas, all areas affected, Disaster Disaster No. 773. following disasters: (4) Florida, May, Disaster No. 793. (1) New Hampshire, Winchester area, No. 636. Disaster No. 798. . (9) Texas, Hays, Disaster No. 768. (5) Georgia, Chatham, Disaster No. 784. (2) Massachusetts, Area of Salem ana (10) Louisiana, Calcasieu and adja­ (6) Mississippi, all areas affected, North Margin Streets in Boston, Disaster cent areas, Disaster No. 805. Disaster No. 734. f. Regional Director, Region VII, for (7) Florida, Santa Rosa and adjacent j. Regional Director, Region X, for the the following disasters: areas, Disaster No. 803. following disasters: _ . (1) Iowa, all areas affected, Disaster (8) Mississippi, town of Ecru, Disaster (1) Alaska, city of Fairbanks, town or No. 787. No. 796. Nenana, Disaster No. 634. (2) Iowa, Fort Dodge area, Disaster (9) Mississippi, all areas affected, (2) Washington, Lewis, Grays Harbor, No. 797. Disaster No. 807. Thurston and Whatcom, Disaster No. (3) Nebraska, all areas affected, Dis­ (101 Tennessee, McNairy and adja­ (3) Oregon, Clatsop, Tillamook, Dis­ aster No. 809. cent areas, Disaster No. 807. aster No. 806.

FEDERAL REGISTER, VOL. 36, NO. 61—TUESDAY, MARCH 30, 1971 NOTICES 5881

C. To approve or reject the request of (3) Nebraska, all areas affected, Dis­ P art I —F inancing P rogram an applicant to file for a disaster loan aster No. 809. S ection A. Loan approval authority— after the period for acceptance under g. Regional Director^ Region vm , for 1. Small Business Act section 7(a) loans. the original disaster declaration, or ex­ the following disasters: To approve or decline business loans not tension thereof, has expired: (1) Colorado, La Plata, Disaster No. exceeding the following amounts &il areas affected, Disaster No. 787. Pursuant to statutory and delegated (1) Regional Director. authority vested in the Administra­ (2) Chief and Assistant Chief, Regional Fi­ xt ^2 Iowa, Fort Dodge area, Disaster tor, the following authority is hereby nancing Division. No. 797. delegated: (3) Regional Superivsory Loan Officer.

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 5882 NOTICES

(4) District Director. (3) Chief, District Financing Division. cline section 501 State development com­ (5) Chief, District Financing Division. (4) District Supervisory Loan Offioer, if pany loans: (6) District Supervisory Loan Officer, if assigned. assigned. (5) Branch Manager, Milwaukee, Wis., a. Without dollar limitation: (1) Re­ (7) Branch Manager, Buffalo, N.Y., Branch Branch Office. gional Director. Office. (6) Branch Supervisory Loan Officer, if b. Up to the following amounts (SBA (8) Branch Manager, Cincinnati, Ohio, assigned, Fairbanks, Alaska, Branch Office. share) when project cost does not Branch Office. exceed $1 million, provided the of­ (9) Branch Manager, Fairbanks, Alaska, c. For business, economic opportunity,ficial concurs in at least one prior Branch Office. disaster, displaced business, and coal recommendation: (10) Branch Manager, Gulfport, Miss., mine health and safety loans personally Branch Office. approved under delegated authority: (1) (1) Chief, Regional CED Division_$350,000 (11) Branch Manager, Marquette, Mich., Branch Manager, Marquette, Mich., Branch Office. c. Up to the following amounts (SBA (12) Branch Manager, Milwaukee, Wis., Branch Office. share) when project cost does not Branch Office. 4. To approve minor modifications in exceed $700,000, provided the offi­ (13) Branch Manager, Springfield, ill., fully undisbursed loan authorization: cial concurs in at least one prior Branch Office. a. Loan Officer, Regional Financing Division. recommendation: (14) Branch Supervisor Loan Officer, if as­ b. Loan Officer, District Financing Division. signed, Fairbanks, Alaska, Branch Office. (1) District Director______$350,000 5. a. To extend the disbursement pe­ 2. To approve or decline section 502 b. To enter into blanket loan guaran­riod on all loan authorizations: tee agreements with banks: (1) Branch local development company loans: manager. (1) Regional Director. a. Up to the following amount (SBA (2) District Director. sh a re): 2. a. To execute loan authorizations (3) Branch Manager, Buffalo, N.Y., Branch for loans approved by higher authority Office. (1) Regional Director______$350,000 and for loans personally approved under (4) Branch Manager, Cincinnati, Ohio, b. Up to the following amount (SBA delegated authority: Branch Office. (5) Branch Manager, Fairbanks, Alaska, share) when project cost does not (1) Regional Director. . Branch Office. exceed $1 million, provided the official (2) Chief and Assistant Chief, Regional Fi­ concurs in at least one prior nancing Division. (6) Branch Manager, Gulfport, Miss., Branch (3) Regional Supervisory Loan Officer. Office. recommendation: (4) District Director. (7) Branch Manager, Marquette, Mich., (1) Chief, Regional CED Division- $350,000 (5) Chief, District Financing Division. Branch Office. (6) District Supervisory Loan Officer, if (8) Branch Manager, Springfield, 111., Branch c. Up to the following amount (SBA assigned. Office. share) when project cost does not (7) Branch Manager, Buffalo, N.Y.,*Branch b. To extend the disbursement period exceed $700,000, provided the official Office. on all loan authorizations on loans fully concurs in at least one prior (8) Branch Manager,' Cincinnati, Ohio, un disbursed: recommendation: Branch Office. (9) Branch Manager, Fairbanks, Alaska, (1) Chief and Assistant Chief, Regional Fi­ (1) District Director______$350,000 Branch Office. nancing Division. Sec. B. Other 501 and 502 authority. (10) Branch Manager, Gulfport, Miss., (2) Regional Supervisory Loan Officer. Branch Office. (3) Loan Officer, Regional Financing Division. 1. a. To extend the disbursement period (11) Branch Manager, Marquette, Mich., (4) Chief, District Financing Division. on sections 501 and 502 loan Branch Office. (5) District Supervisory Loan Officer, if authorizations: (12) Branch Manager, Milwaukee, Wis., assigned. (1) Regional Director. Branch Office. (6) Loan Officer, District Financing Division. (2) District Director. (13) - Branch Manager, Springfield, 111., (7) Branch Manager, Milwaukee, Wis., (3) Branch Manager, Cincinnati, Ohio, Branch Office. Branch Office. Branch Office. (14) Branch Supervisory Loan Officer, if as­ (8) Branch Supervisory Loan Officer, if as­ (4) Branch Manager, Springfield, Hi- signed, Fairbanks, Alaska, Branch Office. signed, Fairbanks, Alaska, Branch Office. Branch Office. b. The execution of loan authorizations 6. To approve service charges by par­ b. To extend the disbursement period shall be as follows: ticipating banks not to exceed 2 percent on fully undisbursed sections 501 and 502 (Name), Administrator, per annum on the outstanding principal loans: balance of construction loans and loans By— —------(1) Chief, Regional CED Division. (Name) involving accounts receivable and in­ (2) Economic Development Specialists, Re­ (Title of person signing) ventory financing: gional CED Division. (City, State) a. Regional Director. (3) Chief, District CED Division. b. Chief and Assistant Chief, Regional Fi­ (4) Economic Development Specialists, Dis­ 3. To cancel, reinstate, modify, and nancing Division. trict CED Division. amend authorizations: c. Regional Supervisory Loan Officer.< (5) Branch Manager, Milwaukee, Wis., a. For business, economic opportu­ d. District Director. Branch Office. nity, disaster, displaced business, and coal e. Chief, District Financing Division. mine health and safety loans: f. District Supervisory Loan Officer. 2. a. To execute sections 501 and 502 g. Branch Manager, Buffalo, N.Y., Branch loan authorizations for loans approved (1) Regional Director. Office. by higher authority and for loans (2) District Director. h. Branch Manager, Cincinnati, Ohio, Branch (3) Branch Manager, Buffalo, N.Y., Branch personally approved under delegated Office. authority: Office. i. Branch Manager, Fairbanks, Alaska, (4) Branch Manager, Cincinnati, Ohio, Branch Office. (1) Regional Director. Branch Office. ]. Branch Manager, Gulfport, Miss., Branch (2) Chief, Regional CED Division. (5) Branch Manager, Fairbanks, Alaska, Office. (3) District Director. Branch Office. k. Branch Manager, Marquette, Mich., (4) Chief, District CED Division. (6) Branch Manager, Gulfport, Miss., Branch, Office. b. The execution of loan authoriza­ Branch Office. l. Branch Manager, Milwaukee, Wis., Branch (7) Branch Manager, Springfield, 111., Branch Office. tions shall be as follows: Office. m. Branch Manager, Springfield, HI., Branch (Name), Administrator, b. For fully undisbursed business, eco­ Office. B y------— n. Branch Supervisory Loan Officer, if as­ (Name) nomic opportunity, disaster, displaced signed, Fairbanks, Alaska, Branch Office. (Title of person signing) business, and coal mine health and (City, State) safety loans: P art n —Community E conomic 3. a. To cancel, reinstate, modify, and (1) Chief and Assistant Chief, Regional f i ­ D evelopment (CED) P rogram nancing Division. S ection A. Sections 501 and 502 loan amend authorizations for sections 501 (2) Regional Supervisory Loan Officer. approval authority. 1. To approve or de­ and 502 loans:

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 NOTICES 5883 (1) Regional Director. servicing, collection, and liquidation of c. Supervisory Loan Officer, Regional LA (2) District Director. all loans, exclusive of matters in litiga­ Division. (3) Branch Manager, Cincinnati, Ohio, d. District Director. Branch Office. tion, and to do and perform aiid to e. Chief, District LA Division. (4) Branch Manager, Springfield, HL assent to the doing and performance of,, f. Supervisory Loan Officer, District LA Divi­ Branch Office. all and every act and thing requisite sion, If assigned. and proper to effectuate the granted g. Branch Manager, Gulfport, Miss., Branch b. To cancel, reinstate, modify, and powers, including without limiting the Office. amend authorizations for fully undis­ generality of the foregoing, the assign­ bursed sections 501 and 502 loans: ment, endorsement, transfer, and de­ Sec. B. Authority to compromise on in­ (1) Chief, Regional CED Division. livery (but in all cases without repre­ debtedness owed to SBA. f. Regional (2) Economic Development Specialists, Re­ sentation, recourse, or warranty) of claims review committee, consisting of gional CED Division. notes, claims, bonds, debentures, mort­ the regional chief, LA Division, acting as (3) Chief, Division CED Division. chairman; regional counsel; and regional (4) Economic Development Specialists, Dis­ gages, deeds of trust, contracts, patents trict CED Division. and applications therefor, licenses, cer­ chief, Financing Division, are delegated (5) Branch Manager, Milwaukee, Wis., tificates of stock and of deposit, and any the authority to take final action on com­ Branch Office; other liens, powers, rights, charges on promise proposals of indebtedness owed to the Agency, as follows: 4. To enter into section 502 loan par­ and interest in or to property of any ticipation agreements with banks: kind, legal and equitable, now or here­ a. Claims not in excess of $5,000 (in­ after held by the Small Business Admin­ cluding CPC advances hut excluding in­ a. Regional Director. terest) : (1) Regional Claims Review b. Chief, Regional CED Division. istration or its Administrator; the exe­ c. Economic Development Specialists, Re­ cution and delivery of contracts of sale Committee upon majority vote. gional' CED Division. or of leasê or sublease, quitclaim, bargain b. Claims in excess of $5,000 but not d. District Director; and sale of special warranty deeds, Mils exceeding $100,000 (including CPC ad­ e. Chief, District CED Division. of sale, leases, subleases, assignments, vances but excluding interest): (1) Re­ i. Economic Development Specialists, Dis­ subordinations, releases (in whole or gional Claims Review Committee upon trict CED Division. part) of liens, satisfaction pieces, affi­ unanimous vote. g. Branch Manager, Cincinnati, Ohio, Branch Office. davits, and such other instruments in S ec. C. Loan administration, servicing, h. Branch Manager, Milwaukee,Wis., Branch writing as may be appropriate and nec­ and collection authority. 1. To take all Office. ■ essary to effectuate the foregoing; the necessary actions in connection with the i. Branch Manager, Springfield, Dll, Branch approval of bank applications for use of administration, servicing, and collection Office. liquidity privilege under the loan guar­ of all loans, other than those accounts anty plan; and to advertise regarding Sec. C. Lease guarantee approval au­ classified as “in liquidation,” and to do the public sale of collateral in connection and perform and to assent to the doing thority1. To approve or decline applica­ with the liquidation of loans, and ac­ tions for the direct guarantee of payment and performance of, all and every act quired property, and thing requisite and proper to effec­ of rent not to exceed the following a. EXCEPT: To compromise or sell amounts: tuate the granted powers, including any primary obligation or other evidence without limiting the generality of the a. Regional Director______$1,000; 000 of indebtedness owed to the Agency for foregoing, the assignment, endorsement, b. Chief, Regional CED Division. 500, 000 a sum less than the total amount due c. District Director______500,000 transfer and delivery (but in all cases thereon; and. to deny liability of the without representation, recourse, or war­ Sec. D. Other lease guarantee author­ Small Business Administration under the ranty) of notes, claims^ bonds, deben­ ity. I. a. To issue and modify commit­ terms of a participation or guaranty tures, mortgages, deeds of trusty con­ ment letters: agreement, or the assertion of a claim tracts, patents and applications therefor, (1) Regional Director. for recovery from a participating bank licenses, certificates of stock and of de­ (2) Chief, Regional CED Division. under any alleged violation of a partici­ posit, and any other liens, powers, rights, (3) District Director. pation or guaranty- agreement:: charges on and interest in or to property (4) Ohiief, District CED Division. (1) Regional Director. of any kind, legal and equitable, now or (2) Chief and Assistant Chief, Regional LA hereafter held by the Small Business Ad­ b. These issuances shall be as follows: Division. (Name), Administrator, (3) District Director. ministration or its Administrator; the By------(4) Branch Manager, Gulfport, Miss., Branch execution and delivery of contracts of (Name) Office. sale or of lease or sublease, quitclaim, (Title of person signing) bargain and sale of special warranty (City, State) b. Except: To compromise or sell any deeds, bills of sale, leases, subleases, as­ primary obligation or other evidence of signments, subordinations, releases (in Sec. E. EDA loan disbursement au­ indebtedness owed to the Agency for a thority. l. To disburse approved EDA whole or part) of liens, satisfaction loans,'as authorized: sum less than the total amount due pieces, affidavits, and such other instru­ thereon; to deny liability of the Small ments in writing as may be appropriate a. Regional Director. Business Administration under the terms b. Chief, Regional. CED Division. and necessary to effectuate the fore­ c. Economic Development Specialists, Re­ of a participation or guaranty agree­ going; and the approval of bank applica­ gional CED Division. ment, or the assertion of a claim for re­ tions for use of liquidity privilege under d. District Director. covery from a participating bank under the loan guaranty plan, e. Chief, District CED Division. any alleged violation of a participation » Economic Development Specialists, Dis­ or guaranty agreement; to authorize the a. Except: To compromise or sell any trict CED Division. liquidation of a loan; and the cancella­ primary obligation or other evidence of g- Branch Manager, Cincinnati, Ohio, Branch tion of authority to liquidate: indebtedness owed to the Agency for a Office. sum less than the total amount due b- Branch Manager, Milwaukee; Wis., Branch (1) Supervisory Loan Officer, Regional LA thereon; and to deny liability Of the Office; Division. Small'Business Administration, under the 1. Branch Manager, Springfield, m., Branch (2) Chief, District LA Division. terms of a participation or guaranty Office; (3) . Supervisory, Loan. Officer, District LA Division, if assigned. agreement, or the assertion of a claim for a. Regional Director, recovery from a participating bank under h. Chief, Regional CED Division. 2: To take all necessary action in liq­ any alleged violation of a participation uidating Economic Development Admin­ or guaranty agreement; to authorize the Part III—Loan Administration (LA) istration (EDA) loans, exclusive of mat­ i P rogram liquidation of a loan; and the cancella­ ters in litigation, and acquired1 collateral, tion of authority to liquidate. . Section A, Loan administration, serv­ when and as authorized by EDA: (1) Branch Manager, Buffalo, N.Y., Branch in g , collection, and liquidation author­ a. Regional Director. Office. ity, l. Ta take all necessary actions in b. Chief and Assistant Chief, Regional LA (2) Branch Manager, Cincinnati, Ohio, connection with the administration, Division. Branch Office.

FEDERAL REGISTER, VOL. 36; NO. 61— TUESDAY, MARCH 30; 1971 5884 NOTICES (3) Branch. Manager, Fairbanks, Alaska, c. Supervisory Loan Officer, Regional LA the Economic Opportunity Amendments Branch Office. Division. of 1967, except changes, amendments, (4) Branch Manager, Marquette, Mich., d. District Director. modifications, or termination of the orig­ Branch Office. e. Chief, District LA Division. (5) Branch Manager, Milwaukee, Wis., inal grant, agreement, or contract. Branch Office. f. Supervisory Loan Officer, District LA Divi­ à. Regional Director. (6) Branch Manager, Springfield, 111., sion, if assigned. b. Ghief, Regional PMA Division. Branch Office. g. Branch Manager, Fairbanks, Alaska, Branch Office. P art V—Legal S ervices 2. To approve the following, actions: h. Branch Manager, Gulfport, Miss., Branch S ection A. Authority to conduct litiga­ a. Use of such portions of the cash Office. surrender value of assigned life insurance tion activities. 1. To conduct all litigation as are required to pay premiums due on P art IV—P rocurement and Management activities, including SBIC matters, as as­ Assistance signed, and to take all action necessary the policy. in connection with matters in litigation: b. Release of dividends on assigned life Section A. Certificate of Competency insurance or consent to application of approval authority. 1. W ith the exception and to do and perform and to assent to dividends against premiums due or to the doing and performance of, all and of rereferred cases, to approve applica­ every act and thing requisite and proper become due. tions for certificates of competency up c. Minor v modifications in the to effectuate the granted powers, includ­ to but not exceeding $250,000 bid value ing without limiting the generality of the authorizations. received from small business concerns d. Extension of disbursement period on foregoing: located within the geographical jurisdic­ a. The assignment, endorsement, loans partially undisbursed. tion of the following: e. Extension of initial principal pay­ transfer and delivery (but in all cases a. Regional Director. without representation, recourse, or war­ m ents. b. District Director, Los Angeles District. f. Adjustment of interest payment ranty) of notes, claims, bonds, deben­ dates. . .2. To deny an application for a certif­ tures, mortgages, deeds of trust, con­ g. Release of hazard insurance checks icate of competency when an adverse tracts, patents and applications therefor, not in excess of $500 and endorsement determination as to capacity or credit is licenses, certificates of stock and of de­ concurred in: posit, and any other liens, powers, rights, of such checks on behalf of the Agency charges on and interest in or to property where SBA is named as joint loss payee. a. Regional Director. h. Release of equipment with or with­ b. District Director, Los Angeles District. of any kind, legal and equitable, now or out consideration where the value of hereafter held by the Small Business equipment being released does not ex­ S ec. B. Section 8 (.a) contracting au­ Administration or its Administrator, as thority. 1. To enter into contracts not to all m atters in litigation. ceed $500. exceeding $100,000, on behalf of the b. The execution and delivery of con­ (1) Concerning all current direct and Small Business Administration with the tracts of sale or of lease or'sublease, participation loans and First Mortgage U.S. Government and any department, quitclaim, bargain and sale of special Flan 502 loans: agency, or officer thereof having procure­ warranty deeds, bills of sale, leases, sub­ (a) Loan Officer, Regional LA Division. ment powers, obligating the Small Busi­ leases, assignments, subordinations, re­ (lb) Loan Officer, District LA Division. ness Administration to furnish articles, leases (in whole or part) of liens, satis­ (2) Concerning all direct and par­ equipment, supplies, or materials to the faction pieces, affidavits, proofs of claim ticipation loans: Government and agreeing as to the terms in bankruptcy or other estates, and such and conditions of such contracts: other instruments in writing as may (a) Loan Officer, Fairbanks,’ Alaska, Branch be appropriate and necessary to effectu­ Office. a. Regional Director, Region IV. b. Regional Director, Region EX. ate the foregoing, as to all matters in S ec. D. Lease guarantee administration c. Chief, Regional FMA Division, Region IX. litigation. and servicing authority. 1. a. To service (1 ) Except: To compromise or sell any claims arising under all lease insurance 2. To arrange for the performance of primary obligation or other evidence of policies issued in the region, approving such contracts by negotiating or other­ indebtedness owed to the Agency for a the payment, or recommending denial wise letting subcontracts to small busi­ sum less than the total amount due of such claims: ness concerns or others for the manu­ thereon; and to deny liability of the facture, supply, or assembly of such arti­ Small Business Administration under the (1) Region Director. cles, equipment, supplies, or materials, terms of a participation or guaranty (2) Chief and Assistant Chief, Regional LA or parts thereof, or servicing or process­ Division. agreement, or the assertion of a claim (3) Supervisory Loan Officer, Regional LA ing in connection therewith, or such for recovery from a participating bank Division. management services as may be neces­ under any alleged violation of a par­ sary to enable the Small Business Ad­ ticipation or guaranty agreement: b. To service claims arising under all ministration to perform such contracts: lease insurance policies issued in the (a) Regional Director. a. Regional Director, Region IV. (b) Regional Counsel. district, approving the payment, or rec­ b. Regional Director, Region IX. (c) District Director. ommending denial of such claims: c. Chief, Regional FMA Division, Region IX. (d) Branch Manager, Gulfport, Miss., (1) District Director. 3. To certify to any officer of the Gov­ Branch Office. (2) Chief, District LA Division. (3) Supervisory Loan Officer, District LA ernment having procurement powers (2) Except: To compromise or sell Division, if assigned. that the Small Business Administration any primary obligation or other evidence (4) Branch Manager, Fairbanks, Alaska, is competent to perform any specific of indebtedness owed to the Agency for Branch Office. Government procurement contract, not a sum less than the total amount due exceeding $100,000, to be let by any such thereon; to deny liability of the Small c. To service claims arising under all officer: Business Administration under the terms lease insurance policies issued in the a. Regional Director, Region IV. of a participation or guaranty agreement, branch office area, approving the pay­ b. Regional Director, Region LX. or the assertion of a claim for recovery ment or recommending denial of such c. Chief, Regional FMA Division, Region IX. from a participating bank under any claim s. alleged violation of a participation or S ec. C. Section 406 contract manage­ guaranty agreement; to authorize the (1) Branch Manager, Gulfport, Miss., Branch ment authority. 1. To take all necessary Office. liquidation of a loan; and the cancella­ actions in connection with the adminis­ tion of authority to liquidate: 2. To take all actions necessary totration and management of grants, (a) District Counsel. mitigate losses from lease guarantees. agreements, and contracts executed by (b) Branch Manager, Fairbanks, Alaska, a. Regional Director. the Associate Administrator for Procure­ Branch Office. . b. Chief and Assistant Chief, Regional LA ment and Management Assistance under (c) Branch Attorney, Fairbanks, Alaska, Division. the authority granted in section 406 of Branch Office.

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 NOTICES 5885 2> To- conduct ail litigation activities, 2. To close and disburse approved SBA 3. To rent motor vehicles from the including: SBIC m atters, as assigned, and loans r General Services Administration and to to take air action necessary in connection a. Branch Manager, Buffalo, New York, rent garage space for the storage of such with matters in litigation; and to do and Branch Office. vehicles when not furnished by this perform and to assent to the doing and Administration: performance of, all and every act and 3. To close approved EDA loans, as authorized: a. Regional Director. thing requisite and proper to effectuate b. Chief, Regional Administrative Division. the granted powers* w ith the exception a. Regional Director. c. Regional Office Services Manager or Office of the' following, which are reserved to b. Regional Counsel. Services Assistant. regional and district counsel: c. Regional Attorneys. d. District Director. a. The assignment, endorsement, d. District Director. e. Chief, District Administrative Division. e. District Counsel. f. District Office Services Manager or Office transfer and delivery of notes, claims, f. District Attorneys. bonds, debentures, mortgages, deeds of Services. g. Branch Manager, Fairbanks, Alaska, g. Branch Manager, Fairbanks, Alaska, trust, contracts, patents and applications Branch Office. Branch Office. therefor, licenses, certificates of stock h. Branch Manager, Springfield, HI., Branch h. Branch Manager, Gulfport, Miss., Branch and of deposit, and any other liens, Office. Office. powers, rights, charges on and interest i. Branch Attorney, Fairbanks, Alaska, in o r to property of any kind, legal and Branch Office. Sec. B. Authority to obligate SBA for J. Branch Attorney, Springfield, HI., Branch reimbursement of rent. i. In connection equitable, now or hereafter held by the Office. Small Business Administration or its with the establishment of disaster loan Administrator, as to all m atters in 4. To approve, when requested, in ad­ offices, to obligate Small Business Ad­ litigation. vance of disbursement, conformed copies ministration to reimburse General Serv­ of notes and other closing documents;, ices Administration for the rental of of­ b. The execution and delivery of con­ fice space: tracts of sale or of lease or sublease, quit­ and certify to the participating bank claim, bargain and sale of special that sucll documents are in compliance a. Regional Director. warranty deeds, bills of sale, leases, sub­ with the participation authorization: b. Chief, Regional Administrative Division. c. District Director: leases,; assignments, subordinations, re­ a. Regional.Director. d. Chief, District Administrative Division. leases, (in whole or part) of liens, b. Regional Counsel. e. Branch Manager, Fairbanks, Alaska, satisfaction pieces, affidavits, proofs of c. Regional Attorneys. Branch Office. claim in bankruptcy or other estates, and d. District Director. such other instruments in writing as may e. District Counsel. P art VII—Eligibility and Size f. District Attorneys. Determinations be appropriate and necessary to effec­ g. Branch Manager, Buffalo, N.Y., Branch tuate the foregoing, as to all matters in Office. Section A. Eligibility Determinations. litigation: h. Branch Manager, Fairbanks, Alaska, 1. a.. In accordance w ith-Sm all Business (1) Regional Attorneys. Branch Office. Administration standards and policies, (2) District Attorneys. L Branch Manager, Gulfport, Miss,, Branch to determine eligibility of applicants for (3) Branch Manager,.Springfield, 111., Branch Office. assistance under any program of the Office. J. Branch Manager, Springfield, HI., Branch Agency, (4) Branch Attorney, Springfield, 111., Branch Office: Offiee.- k. Branch Attorney, Fairbanks, Alaska, Cl) Except: The SBIG program: Branch Office; 3. To take all necessary action in liqui­l. Branch Attorney, Springfield, Hi:, Branch (a) Regional Director. Office. (to) District Director. dating Economic Development Admin­ (c) Branch Manager, Cincinnati, Ohio, istration (EDA) loans having litigative P art VI—Administrative Branch Office. aspects, when and as authorized by EDA: (d) Branch Manager, Milwaukee, Wis., a. Regional Director. Section A. Authority to purchase, rent, Branch’ Office. b. Regional Counsel. or contract for equipment, services, and (e) Branch Manager, Springfield HI., Branch c. Regional Attorneys. supplies, 1. To purchase reproductions of Office. d. District Director. loan documents, chargeable to the re­ e. District Counsel. volving fund, requested by U.S. attorneys (2) Except: The SBIC and community f. District Attorneys. in foreclosure cases: economic development programs: g. Branch Manager, Fairbanks, Alaska, (a) Chief and Assistant Chief, Regional Fi­ Branch* Office. a. Regional Director. nancing Division. h. Branch Manager, Gulfport, Miss., Branch b. Chief, Regional Administrative Division. (to)- Chief, District Financing Division. Office.. c. District Director. (c) Branch Manager, Buffalo; N.Y., Branch i- Branch Manager, Springfield, 111.,. Branch d. Chief, District Administrative Division. Office. Office. e. Branch Manager, Fairbanks, Alaska, (d) Branch Manager, Fairbanks, Alaska, 1- Branch Attorney, Fairbanks, Alaska, Branch Office. Branch Office. Branch» Office. f. Branch Manager, Gulfport, Miss., Branch (e) Branch Manager, Gulfport, Mias., Branch k Branch Attorney, Springfield, HI., Branch Office. Office. Office: 2. To purchase office supplies and (f) Branch Manager, Marquette, Mich., Sec. B. Loan closing authority. I. To equipment, including office machines and Branch Office. close and disburse approved SBA loans rent regular office equipment and fur­ b. In accordance with Small Business and rehabilitation loans for Department nishings; contract for repair and main­ Administration standards and policies, of Housing and Urban Development: tenance of equipment and furnishings; contract for services required in setting to determine eligibility of applicants for a. Regional Director, assistance under the sections 501 and b- RegionaLCounsel. up and dismantling and moving SBA ex­ 502 programs of the Agency: c. Regional. Attorneys. hibits; and issue Government bills of lading; (1) Chief, Regional Community Economic District Director. Development Division. *• District Counsel. a. Regional Director. District Attorneys. b. Chief, Regional Administrative Division. c. No authority is hereby delegated to g. Branch Manager,. Fairbanks, Alaska, c. Regional Office Services Manager or Office declare the nonapplicability of eligibility Branch Office. Services Assistant. limitations to a community emergency b. Branch Manager, Gulfport, Miss., Branch Office. d. District Director. as set forth in § 120.2(e) of SBA Loan e. Chief, District Administrative Division, Policy Regulations: All officials as shown i- ~Lanch Manager, Springfield, HI., Branch f. District Office Services Manager or Office Office. Services Assistant. in subparagraphs a and b of paragraph J. Branch Attorney, Fairbanks, Alaska, g. Branch Manager, Fairbanks, Alaska, 1 of this section A. Branch Office. Branch Office. S ec. B. Size determinations. 1. a. To Office0** Attorney* Springfield, HI., Branch h. Branch Manager, Gulfport, Miss., Branch make initial size determinations in all Office. cases within the meaning of the Small

No. 61-----8 FEDERAL REGISTER, VOL. 36, NO. 6T— TUESDAY, MARCH 30, 1971 5886 NOTICES

Business Size Standards Regulations, as cation must be filed with the field offi­ amended, and further, to make product INTERSTATE COMMERCE cial named in the F ederal R egister pub­ classification decisions for financial as­ lication, within 15 calendar days after sistance purposes only: the date of notice of the filing of the ap­ (1) Regional Director. COMMISSION plication is published in the F ederal Reg­ FOURTH SECTION APPLICATIONS FOR ister. One copy of such protests must be b. To make initial size determinations RELIEF served on the applicant, or its authorized in all cases within the meaning of the representative, if any, and the protests Small Business Size Standards Regula­ M arch 25, 1971. m ust certify th at such service has been tions, as amended, and further, to make Protests to the granting of an appli­ made. The protests must be specific as to product classification decisions for fi­ cation must be prepared in accordance the service which such protestant can nancing purposes only: with Rule 1100.40 of the general rules and will offer, and must consist of a (1) District Director. of practice (49 CPR 1100.40) and filed signed original and six copies. (2) Branch Manager, Cincinnati, Ohio, within 15 days from the date of publica­ A copy of the application is on file, and Branch Office. tion of this notice in the F ederal can be examined at the Office of the Sec­ (3) Branch Manager, Milwaukee, Wis., R egister. Branch Office. retary, Interstate Commerce Commis­ (4) Branch Manager, Springfield, 111., Branch L ong-and-S hort-H aul sion, Washington, D.C., and also in field Office. office to which protests are to be FSA No. 42159—Returned Shipments transmitted. c. To make initial size determinations of Beet or Cane Sugar from Points in in all cases within the meaning of the Louisiana. Filed by Southwestern Freight M otor Carriers of P roperty Small Business Size Standards Regula­ Bureau, Agent (No. B-219), for interest­ No. MC 7640 (Sub-No. 26 TA), filed tions, as amended, except sections 501 ed rail carriers. Rates bn sugar, beet or March 22, 1971. Applicant: BARNES and 502 loans, and further, to make cane, in bulk in covered hopper cars, in TRUCK LINE, INC., 506 Mayo Street, product classification decisions for fi­ carloads, as described in the application, Wilson, NC 27893. Applicant’s represent­ nancing purposes only: v from specified points in Louisiana, to ative: C. T. Harris (same address as (1) Chief and Assistant Chief, Regional Austin and Minneapolis, Minn., also re­ above). Authority sought to operate as Financing Division. turned shipments in the reverse a common carrier, by motor vehicle, over (2) Chief, District Financing Division. direction. irregular routes, transporting: Wood, (3) Branch Manager, Buffalo, N.T., Branch Grounds for relief—Market competi­ fiberboard, wood fiberboard faced or fin­ Office. tion, rate relationship, and returned ished with decorative and/or protective (4) Branch Manager, Fairbanks, Alaska, movement of commodities. Branch Office. material and accessories and supplies (5) Branch Manager, Gulfport, Miss., Branch Tariff—Supplement 75 to Southern used in installation thereof (except com­ Office. Freight Association, Agent, tariff I.C.C. m odities in bulk), from Moncure, N.C., to (6) Branch Manager, Marquette, Mich., S-772. points in Connecticut, Georgia, New Branch Office. FSA No. 42160—Urea to Points in Jersey, South Carolina, and Virginia, for d. To make initial size determinations WTL Territory. Filed by Western Trunk 180 days. Supporting shipper: Allen K. in all sections 501 and 502 loans within Line Committee, Agent (No. A-2639), for Penttila, Corporate Director of Traffic the meaning of the Small Business Size interested rail carriers. Rates on urea, and Transportation, Evans Products Co., Standards Regulations, as amended, and in carloads, as described in the applica­ 2200 East Devon Avenue, Des Plaines, IL further, to make product classification tion, from Courtright and Port Robin­ 60018. Send protests to: Archie W. An­ decisions for sections 501 and 502 loans son, Ontario, Canada, to specified points drews, District Supervisor, Interstate only. in western trunkline territory. Commerce Commission, Bureau of Op­ Grounds for relief—Rate relationship, erations, Post Office Box 26896, Raleigh, (1) Chief, Regional CED Division. modified short-line distance formula and NC 27611. e. Product classification decisions for grouping. No. MC 30837 (Sub-No. 430 TA), filed procurement purposes are made by con­ Tariff—Canadian Freight Association March 19, 1971. Applicant: KENOSHA tracting officers. tariff I.C.C. 342. AUTO TRANSPORT CORPORATION, P art VIII—Exercise op Authority by By the Commission. 4200 39th Avenue, Post Office Box 160, Official in an Acting Capacity 53141, Kenosha, WT 53140. Applicant’s [seal] R obert L. O swald, representative: Albert P. Barber (same The authority delegated herein to a Secretary. address as above). Authority sought to specific position may be exercised by an [FR Doc.71-4360 Filed 3-29-71;8:49 am] operate as a common carrier, by motor SBA employee designated as acting in vehicle, over irregular routes, transport­ that position. [Notice 269] ing: Folding tent campers, designed to P art IX—R escission of Authority be drawn by passenger automobiles, in MOTOR CARRIER TEMPORARY truckaway service, from Middlebury, All authority previously delegated by AUTHORITY APPLICATIONS Ind., to points in the United States (ex­ the Administrator to Regional Directors, cept Alaska and Hawaii) and the return Regions I through X, and redelegated by M arch 25, 1971. of damaged and rejected folding tent the regional directors to positions under . The following are notices of filing of campers, from points in the United their jurisdiction is hereby rescinded applications for temporary authority States (except Alaska and Hawaii) to without prejudice to actions taken under under section 210(a) of the Interstate Middlebury, Ind., for 180 days. Support­ all such delegations of authority prior Commerce Act provided for under the ing shipper: Viking Boat Co., Inc., Post to effective date hereof. new rules of Ex Parte No. MC-67 (49 Office Box 319, Middlebury, IN 46540 (R- Effective date: March 19,1971. A. Mooth, Business M anager). S aid pro­ C FR Part 1131), published in the F ederal tests to: District Supervisor Lyle D. Hei­ T homas S. K leppe, R egister, issue of April 27, 1965, effec­ fer, Interstate Commerce Commission, Administrator. tive July 1, 1965. These rules provide Bureau o f Operations, 135 West Wells [FR Doc.71-4329 Filed 3-29-71;8:46 am] that protests to the granting of an appli­ Street, Room 807, Milwaukee, WI 53203.

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 NOTICES 5887

No. MC 51146 (Sub-No. 202 TA), filed TRANSFER & STORAGE, INC., 2309 C. L. Phillips, District Supervisor, Inter­ March 22* 1971. Applicant: SCHNEIDER Union Avenue; Altoona, PA 16601. Appli­ state Commerce Commission, Bureau of TRANSPORT & STORAGE, INC,, Post cant’s representative: S. Berne Smith; Operations, Room 240, Old Post Office Office Box 2298, 817 McDonald Street 100 Pine Street, Post Office Box 1166, Building, 215 Northwest Third, Okla­ (54033), Green Bay, WI 54306. Appli­ Harrisburg, PA 17108. Authority sought homa City, OK 73102. cant’s representative: D. P. Martin to operate as a common carrier, by motor NO. MC 107295 (Sub-No. 493 TA) , filed (same address as above) . Authority vehicle, over irregular routes, transport­ March 23, 1971. Applicant: PRE-FAB sought to operate as a common carrier, in g : Used household goods, between Al­ TRANSIT CO!. (a corporation), 100 by motor vehicle, over irregular routes, toona, Pa., on the one hand, and, on the South Main Street, Post Office Box 146, transporting: Paver and paver products, other, points in Adams, Bedford, Berks, Farmer City, IL 61842; Applicant’s repre­ from South Bend, Ind., to points in Ala­ Blair, Centre, Clinton, Cumberland Dau­ sentative: Dale L. Cox (same address as bama, Arkansas, Louisiana, Mississippi, phin, Franklin, Fulton, Huntingdon above). Authority sought to operate as a Oklahoma, Tennessee, and Texas, for 180 Juniata, Lancaster, Lebanon, Lycoming, common carrier, by motor vehicle, over days. Supporting shipper: Weyer Haeu- Mifflin, Montour, Northumberland, Perry, irregular routes, transporting: Iron and ser Co., Paper Division, 545 W estm inster Potter, Schuylkill, Snyder Union, - and steel fencing, fence posts, gates and Street, Fitchburg, MA 01420 (Frederick York Counties, Pa. Restriction: The woven fabric, with all necessary fittings E. L’Ecuyer, Manager, Transportation). operations authorized herein are subject therefor, from the plantsite and storage Send protests to : D istrict Supervisor to the following conditions: (1) Said facilities of Hurricane Industries at Lyle D. Heifer, Interstate Commerce operations are restricted to the transpor­ Houston, Tex., to points in Alabama, Commission, Bureau of Operations, 135 tation of traffic having a prior or subse­ Arkansas, California, Colorado, Florida, West Wells Street, Room 807, Milwaukee, quent movement, in containers, beyond Georgia, Kansas, Louisiana, Nevada, New WI 53203. the points authorized and (2) said oper­ Mexico, North Carolina, Tennessee, and ations are restricted to the performance Washington, for 180 days. Supporting No. MC 60186 (Sub-No. 41 TA), filed of pickup and delivery service in connec­ March. 23,- 1971. Applicant: NELSON shipper: Hurricane Industries, Houston, tion with packing, crating and container­ Tex. Send protests to: Harold Jolliff, FREIGHTWAYS, INC., 47 East Street, ization or unpacking, uncrating and de­ Rockville, CT 06066. Authority sought to District Supervisor, Interstate Commerce containerization of such traffic, for 180 Commission, Bureau of. Operations, operate as a common carrier, by motor days. Supporting shippers: Ward Truck­ vehicle, over irregular routes, transport­ Room 476, 325 West Adams Street, ing Corp., Ward Tower, Altoona, PA Springfield, IL 62704. ing: Composition flooring or facing and 16603, and Ralph A. Raible, doing busi­ material# and supplies used in the instal­ ness as Raible’s Commercial Warehouse, No. MC 107515 (Sub-No. 743 T A ), filed lation thereof, from Lisbon, Maine, to Post Office Box 109, Altoona, PA 16603. March 22, 1971. Applicant: REFRIG­ points in Alabama, Arkansas, Connecti­ Send protests to: Frank L. Calvary, Dis­ ERATED TRANSPORT CO:, INC., Post cut, Florida, Georgia, Illinois, Indiana, trict Supervisor, Bureau of Operations, Office Box 308, Forest Park, GA 30050. Iowa, Kansas, Kentucky, Louisiana, Interstate Commerce Commission, 2111 Applicant's representative: Alan E. Maine, Maryland, M assachusetts, M ichi­ Federal Building, 1000 Liberty Avenue, Serby, Suite 1600, First Federal Building, gan, Minnesota, Mississippi, Missouri, Pittsburgh, PA 15222. Atlanta, GA 30303. Authority sought to Nebraska, New Hampshire, New York, operate as a common carrier, by motor North Carolina, Ohio, Oklahoma, Penn­ No. MC 106398 (Sub-No. 535 TA), filed vehicle, over irregular routes, transport­ sylvania, South Carolina, Tennessee, March 23, 1971. Applicant: NATIONAL ing: Liquid varnish or resin polyester, in Texas, Vermont, Virginia, West Virginia, TRAILER CONVOY, INC., 1925 National vehicles equipped with mechanical re­ and Wisconsin and, on return, materials, Plaza, Box 51096, Dawson Station, Tulsa, frigeration (except in bulk in tank ve­ equipment and supplies used in the man­ OK 74151. Applicant’s representative: hicles) , from North Kansas City, Mo., to ufacture and distribution of the com­ Irvin Tull (same address as above). Au­ points in Florida, for 180 days. Support­ modities above from the above named thority sought to operate as a common ing shipper: Cook Paint and Varnish Co., destination States to Lisbon, Maine, for carrier, by motor vehicle, over irregular Post Office Box 389, Kansas City, MO 180 days. Supporting shipper: Robbins routes, transporting: Modular housing 64141. Send protests to: William L. Flooring, Division of Cook Industries, transporters, from, the plantsite of Lake­ Scroggs, District Supervisor, Interstate Inc., Lisbon Road, Lisbon, ME 04250. side Manufacturing Corp. at Honeoye, Commerce Commission, Bureau of Oper­ Send' protests to: District Supervisor N.Y., to points in the United States east ations, Room 309, 1252 West Peachtree David J. K iem an, Bureau o f Operations, of the Mississippi River, for 180 days. Street NW., Atlanta, GA 30309. Interstate Commerce Commission, 324 Supporting shipper: Lakeside Manufac­ U.9. Post Office Building, 135 High turing Corp., Dale E. Kipner, President, No. MC 108449 (Sub-No: 322 TA), filed Street, Hartford, CT 06101. 39 East Main Street, Honeoye, NY 14471. March 19, 1971’. Applicant: INDIAN- Send protests to: C. L. Phillips, District HEAD TRUCK LINE, INC!, 1947 West No. MC 100449 (Sub-No, 21 TA ), filed Supervisor, Interstate Commerce Com­ County Road C, St. Paul, MN 55113. Ap­ March 23, 1971. Applicant: MALLINGER mission, Bureau of Operations, Room 240, plicant’s representative: W. A. Myllen- TRUCK LINE, INC.,. Otho, Iowa 50569. Old Post Office Building, 215 Northwest beck (same address as above). Authority Applicant’s representative: William L. Third, Oklahoma City, OK 73102. sought to operate as a common carrier, Fairbank, 900 Hubbell Building, Des by motor vehicle, over irregular routes, Moines, IA 50309. Authority sought to No. MC 106398, (Sub-No. 536 T A ), filed transporting: Cement, from La Crosse, operate as a common carrier, by motor March 23, 1971. Applicant: NATIONAL Wis., to points in Minnesota, Illinois, vehicle, over irregular routes, transport­ TRAILER CONVOY, INC., 1925 National Iowa, Wisconsin, and Upper Peninsula of ing: Pallets, and lumber, when moving Plaza, Box 51096, Dawson Station, Tulsa, Michigan, for 180’ days. Supporting ship­ in mixed shipments with pallets, from OK 74151. Applicant’s representative: per: DundeeCement Co:, Clarksville, Mo. the plantsites of Disposal Systems of Irvin Tull (same address as above). Au­ Send protests to: District Supervisor America, near Armstrong, Iowa, to Ful­ thority sought to operate as a common A. E. Rathert, Interstate Commerce Com­ ton,, HI., and points in Illinois in the carrier, by motor vehicle, over irregular mission, Bureau of Operations, 448 Fed­ Davenport, Iowa, Rock Island and routes, transporting: Trailers, designed eral Building and U.S. Court House, 110 Moline, 111.,, commercial zone, for 150 to be drawn by passenger automobiles, South Fourth Street, Minneapolis,; MN days. Supporting shipper: Disposal Sys­ in initial movements, in truckaway serv­ 55401. tems of America, Armstrong, Iowa 50514. ice, from the plantsite of Fleetwood Send protests to : Ellis L. Annett, District Homes of Wisconsin, Inc., at Portage, No. MC 111401 (Sub-No. 325 TA), filed Supervisor, Interstate Commerce Com­ Wis., to points in Minnesota and Iowa, March 23, 1971. Applicant: GROEN- mission, Bureau, of Operations, 677 Fed­ for 180 days. Supporting shipper: Fleet- DYKE TRANSPORT, INC., 2510 Rock wood Homes of Wisconsin, Inc., John Island Boulevard; Post Office Box 632, eral Building, Des Moines, IA 50309. Heiser, Sales Manager, 2400 West Wis­ Enid, OK 73701. Applicant’s representa­ No. MC 102971 (Sub-No. 3 T A ), filed consin Service. Road, Post Office Box 443, tive: Victor R. Comstock (same address March 23, 1971. Applicant: LYTLE’S Portage, WI 53901. Send protests to: as above). Authority sought to operate as

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 5888 NOTICES a common carrier, by motor vehicle, over m obiles), attachments for the above- Essex Junction, from Burlington over irregular routes, transporting: Liquid described commodities, internal combus­ U.S. Highway 7 to Winooski, thence over fertilizer solutions, in bulk, in tank ve­ tion engines and parts of the above- U.S. Highway 7 to Colchester (also over hicles, from the Texas Sulphur Products described commodities when moving in Vermont Highway 15 to Essex Junction, Sneed Plant near Stinnett, Tex., to Oral, mixed loads with such commodities, from thence over Vermont Highway 2A to S. Dak., for 60 days. Supporting shipper: the ports of entry on the international Colchester), thence over U.S. Highway Texas Sulphur Products Co., Inc., 1502 boundary line between the United States 7 to Swanton, thence over Vermont Primrose Lane, Borger, TX 79007. Send and Canada, located at or near Detroit Highway 78 to Highgate Center, and re­ protests to: C. L. Phillips, District Su­ and Port Huron, Mich., to points: in turn over the same routes; (2) between pervisor, Interstate Commerce Commis­ Michigan. Restriction: The above au­ Highgate Center, Vt., and Fairfield, Vt., sion, Bureau of Operations, Room 240, thority restricted to the transportation serving East Highgate, Sheldon Springs, Old Post Office Building, 215 Northwest of shipments originating at the facilities and Sheldon Junction, from Highgate Third, Oklahoma City, OK 73102. of Deere & Co. located in Ontario, for Center over Vermont Highway 78 to Sheldon Junction, thence over unnum­ No. MC 114789 (Sub-No. 34 TA), filed 150 days. Supporting shipper: Deere & Co., Moline, IL 61265. Send protests to: bered highway to Fairfield and return March 23, 1971. Applicant: NATION­ District Supervisor J. H. Gray, Bureau over the same routes; (3) between North WIDE CARRIERS, INC., Post Office Box of Operations, Interstate Commerce Sheldon, Vt., and East Franklin, Vt., 104, Maple Plain, MN 55359. Applicant’s Commission, 345 West Wayne Street, serving Franklin, from North Sheldon representative: M. James Levitus (same Room 204, Fort Wayne, IN 46802. over Vermont Highway 120 to East address as above). Authority sought to Franklin and return over the same operate as a contract carrier, by motor No. MC 119777 (Sub-No. 205 TA) route; (4) between St. Albans, Vt., and vehicle, over irregular routes, transport­ (Correction), filed March 10, 1971, pub­ Richford, Vt., serving Sheldon Springs, ing: Such commodities as are dealt in by lished in F ederal R egister issue of East Highgate, Sheldon Junction, North retail department stores, from the plant- March 20, 1971, and republished in part Sheldon, Enosburg Falls, and East Berk­ sites and storage facilities of Interstate as corrected this issue. Applicant: shire, from St. Albans over Vermont Stores Payment Corp. at Secaucus, New LIGON SPECIALIZED HAULER, INC., Highway 105 to Richford and return over Brunswick and Wayne, N.J.; Yonkers and Post Office Drawer L, Madisonville, KY the same route; (5) between St. Albans, New York City, N.Y.; Bridgeport, Conn.; 42431. Applicant’s representative: Fred F. Vt., and East Franklin, Vt., serving Fair- Philadelphia, Pa., and Beltsville, Md., to Bradley, Suite 202-204, Court Square field, East Fairfield, Bakersfield, West retail department stores owned and oper­ Office Building, Frankfort, KY 40601. Enosburg, Enosburg Falls, from St. ated by Interstate Stores Payment Corp. N o te: The purpose of this partial repub­ Albans over Vermont Highway 36 to located at points in Illinois, Indiana, lication is to include the number of d^iys Bakersfield, thence over Vermont High­ Kentucky, Ohio, Wisconsin, Iowa, and (180) which was inadvertently omitted in way 108 to West Berkshire, thence Michigan and in Baltimore and Belts­ previous publication, the rest of the ap­ over Vermont Highway 120 to East ville, Md.; Buffalo and Rochester, N.Y.; plication remains the same. Franklin and return over the same and Williamsport, Glenolden and Levit- No. MC 126489 (Sub-No. 8 TA) (Cor­ routes, (6) between West Berkshire, Vt., town, Pa., for 180 days. Supporting ship­ rection) filed February 10, 1971, pub­ and Montgomery Center, Vt., serving per: Interstate Stores Paymeiit Corp., lished F ederal R egister issue of Feb­ Berkshire, East Berkshire, and Mont­ I ll Eighth Avenue, New York, NY. Send ruary 20, 1971, and republished in part gomery, from West Berkshire over un­ protests to: A. N. Spath, District Super­ as corrected this issue. Applicant: numbered highway to Vermont Highway visor, Bureau of Operations, Interstate GASTON FEED TRANSPORTS, INC., 118 a t East Berkshire, thence over Ver­ Commerce Commission, 448 Federal 1203 West Fourth Street, Post Office Box mont Highway 118 to Montgomery Cen­ Building and U.S. Courthouse, 110 South 1066, Hutchinson, KS 67501. N ote: The ter and return over the same routes and Fourth Street, Minneapolis, MN 55401. purpose of this partial republication is to (7) between Burlington, Vt., and St. No. MC 115821 (Sub-No. 13 T A ), filed redescribe the territory description to Albans, Vt., serving Essex Junction, March 23, 1971. Applicant: FRANK read as follows: From Sylvia and Pretty Westford, and Fairfax, from Burlington BELMAN, JR., St. Libory, HI. 62282. Au­ Prairie, Kans., to points in Oklahoma, over Vermont Highway 15 to Essex Junc­ thority sought to operate as a common Texas (except Houston), Arkansas, and tion, thence over Vermont Highway 128 carrier, by motor vehicle, over irregular Louisiana. The rest of the application to junction Vermont Highway 104, routes, transporting: Lime and limestone remains the same. thence over Vermont Highway 104 to St. products, in bulk, from points in Ste. Albans (also from junction Vermont No. MC 133259 (Sub-No. 3 TA) filed Highway 128 and 104, over Vermont Genevieve County, Mo., to points in Wil­ March 19, 1971. Applicant: ALLIED AIR liam son County, HI., for 180 days. Sup­ Highway 104 to junction Vermont High­ FREIGHT CORPORATION, Municipal way 104A, thence over Vermont Highway porting shipper: Peabody Coal Co., 301 Airport, Burlington, VT 05401. Appli­ North Memorial Drive, St. Louis Mo. 104A to U.S. Highway 7, thence over U.S. cant’s representative: Francis P. Barrett, Highway 7 to St. Albans), and return 63102. Send protests to: Harold Jolliff, 60 Adams Street, Post Office Box 238, District 'Supervisor, Interstate Com­ Milton (Boston), MA 02187. Authority over the same routes, for 180 days. merce Commission, Bureau of Opera­ Supporting shippers: Emery Air sought to operate as a common carrier, Freight Corp., Lakeside Office Building, tions, Room 476, 325 West Adams Street, by motor vehicle, over regular and irreg­ Springfield, IL 62704. North Avenue, Wakefiéld, Mass. 01880; ular routes, transporting: General com­ Hazelett Strip-Casting Corp., Malletts No. MC 119641 (Sub-No. 100 TA), filed modities, except those of unusual value, Bay, Winooski, Vt. 05404; Sprague March 19, 1971. Applicant: RINGLE classes A and B explosives, household Electric Co., North Adams, Mass. 01247; EXPRESS, INC., 450 East Ninth Street, goods as defined by the Commission, Standard Packaging Corp., Missisquoi Post Office Box 471, Fowler, IN 47944. commodities hi bulk and those requiring Specialty Board Division, Sheldon Applicant’s representative: Leo Maciolek, special equipment, (1) Irregular routes: Springs, Vt. 05485; Haveg Industries, Box 335, Moline, IL 61265. Authority Between points in Addison, Chittendon, Inc., Super Temp Wire Division, Wino­ sought to operate as a common carrier, Caledonia, Franklin, Grand Isle, La­ oski, Vt. 05404; Union Carbide -Corp., by motor vehicle, over irregular routes, moille, Orange, Orleans, Rutland, and Consumer Products Division, Post Office transporting: Tractors (except those Washington Counties, Vt., on the one Box 2837, Rocky River, Ohio 44116, and with vehicle beds, bed frames, and fifth hand, and, on the other, Albany County The Standard Register Co., York, Pa. w heels), equipment, designed for use in Airport, Albany, N.Y., restricted to traf­ 17405. Send protests to: Martin P. conjunction with tractors, agricultural, fic having a prior or subsequent move­ Monaghan, Jr., District Supervisor, industrial, and construction machinery ment by air, and Interstate Commerce Commission, Bu­ (2) Regular routes: (1) Between reau of Operations, 52 State Street, Room and equipment, trailers designed for the Burlington, Vt., and Highgate Center, transportation of the above-described Vt., serving Winooski, Colchester, Milton, 5, Montpelier, Vt. 05602. commodities, (except those trailers de­ Georgia, St. Albans City, St. Albans No. MC 134631 (Sub-No. 6 TA> , filed signed to be drawn by passenger auto­ Town, Swanton, Highgate Falls, and March 22, 1971. Applicant: SCHULTA

FEDERAL REGISTER, V O L 36, NO. 61— TUESDAY, MARCH 30, 1971 NOTICES 5889 TRANSIT, INC., Post Office Box 503, 323 CORP., 310 North Seventh Street, By the Commission. Brooklyn, NY 11211. Applicant’s repre­ Bridge Street, Winona, MN 55987. Appli­ [Seal] R obert L. O swald, cant’s representative: Val M. Higgins, sentative: Samuel B. Zinder, Station Secretary. 1000 First National Bank Building, Min­ Plaza East, Great Neck, N.Y. 11021. Au­ neapolis, MN 55402. Authority sought to thority sought to operate as a contract [FR Doc.71-4358 Filed 3-29-71;8:49 am] operate as a contract carrier, by motor carrier, by motor vehicle, over irregular vehicle, over irregular routes, transport­ routes, transporting: Shoes, boots, foot­ [Notice 671] ing: New furniture, in crates or cases, wear, and handbags, under continuing MOTOR CARRIER TRANSFER from Arcadia, Wis., to points in Colo­ contract with Lujan, Inc., Di Leon, Ltd., rado, Illinois, Indiana', Iowa, Kentucky, and Di Leon Western, Ltd., from points PROCEEDINGS Maryland, M ichigan, M innesota, Mis­ in New Jersey and New York within the M arch 25, 1971. souri, Nebraska, New Jersey, New York, Port of New York Harbor as defined by Synopses of orders entered pursuant North Dakota, Ohio, Pennsylvania, South the Interstate Commerce Commission, to section 212(b) of the Interstate Com­ Dakota, Virginia, W isconsin, and the to HicksviUe, N.Y., restricted to ship­ merce Act, and rules and regulations District of Columbia, for 180 days. Sup­ ments having a prior movement by water, prescribed thereunder (49 CFR Part porting shipper: Ashley Furniture Corp., for 150 days. Supporting shippers: Lujan, 1132), appear below: Chicago, HI. Send protests to: A. N. Inc., Di Leon Ltd., Di Leon Western As provided in the Commission’s spe­ Spath, D istrict Supervisor, Interstate Ltd.; 55 East 34th Street, New York, NY cial rules of practice any interested per­ Commerce Commission, Bureau of Op­ 10016. Send protests to: Marvin Kampel, son may file a petition seeking recon­ erations, 448 Federal Building and U.S. District Supervisor, Bureau of Opera­ sideration of the following numbered Courthouse, 110 South Fourth Street, tions, Interstate Commerce Commission, proceedings within 20 days from the date Minneapolis, MN 55401. 26 Federal Plaza, New York, NY 10007. of publication of this notice. Pursuant to No. MC 135283 (Sub-No. 2 TA), filed M otor Carrier of P assengers section 17(8) of the Interstate Commerce March 22, 1971. Applicant: GRAND IS­ Act, the filing of such a petition will No. MC 135408 TA, filed March 19, postpone the effective date of the order LAND MOVING & STORAGE CO., INC., 1971. Applicant: WHITE PLAINS BUS East Highway 30, Grand Island, Nebr. in that proceeding pending its disposi­ COMPANY, INC., 91 Fulton Street, tion. The matters relied upon by petition­ 68801. Applicant’s representative: John White Plains, NY 10602. Applicant’s rep­ K. Walker, Post Office Box 1665, Grand ers must be specified in their petitions resentative: Garrison R. Corwin, Jr., 35 with particularity. Island, NE 68801. Authority sought to Hillcrest Road, Hartsdale, NY 10530. Au­ operate as a common carrier, by motor thority sought to operate as a contract No. MC-FC-72709. By order of vehicle, over irregular routes, transport­ carrier, by motor vehicle, over irregular March 22,1971, the Motor Carrier Board ing: Meats, meat products, meat by­ routes, transporting: Passengers, in spe­ approved the transfer to W illiam M. W il­ products and articles distributed by meat cial operations, from White Plains Rail­ son, doing business as Wilson Truck packinghouses, from the plantsite and road Station (Harlem Division, Penn Service, Rocky Ford, Colo., of certificate storage facilities of Sw ift & Co. at or near Central Railroad) along Depot Plaza, of registration No. MC-120626 (Sub- Grand Island, Nebr., to Burlington, Bronx Street then Hamilton Avenue to No. 1) issued November 3, 1967, to Eddie Montpelier, Rutland, St. Johnsbury, and Central Avenue, thence along the Cross Wilson, doing business as Wilson Truck White River Junction, Vt., for 150 days. Westchester Expressway (Route 1 287) to Service, Rocky Ford, Colo., evidencing a Supporting shipper: Swift Fresh Meat I 684, along I 684 to King Street (Route right to engage in transportation in in­ Co., Division of Swift & Co., 115 West 120) to the American Can Lane and dis­ terstate commerce as described in Certif­ Jackson Boulevard, Chicago, IL 60604. charge at American Can Company icate No. 1025 dated February 28, 1939, Send protests to: District Supervisor Building- Return route in the reverse of issued by The Public Utilities Commis­ Max H. Johnston, Interstate Commerce the foregoing, for 180 days. Supporting sion of Colorado. Cover Mendenhall, 915 Commission, Bureau of Operations, 320 shipper: American Can Co., Attention: Railroad Avenue, Rocky Ford, CO 81067, Federal Building & U.S. Courthouse, Lin­ Mr. Arthur H. Stoddard, American Lane, attorney for applicants. coln, NE 68508. Greenwich, Conn. 06830. Send protests to: Interstate Commerce Commission, [seal] R obert L. O swald, No. MC 135417 TA, filed March 22, Bureau of Operations, 26 Federal Plaza, Secretary. 1971. Applicant: FARO TRUCKING New York, NY 10007. [FR Doc.71-4359 Filed 3-29-71;8:49 am]

FEDERAL REGISTER, VOL. 36, NO. 61— TUESDAY, MARCH 30, 1971 5890 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED-—MARCH. The following numerical guide is a lisi of parts of each title of the Code of Federal Regulations affected by documents published to date during March.

1 CFR Page 7 CFR— Continued Page 7 CFR— Continued Page 16_...... __...... 5203 908______4262, 4706, 5209, 5576 P roposed R ules—Continued Appendix B____ 5325 910______3960, 1120 ------3909,4548 4476, 4537, 4859, 5043, 5340, 5495, 1121 ------__ 3909,4548 3 CFR 5773 1124 ----- ___ 3909,4548 912 ______J"______4476 P roclamations : 1125 ------3909, 4548 913 ______4477 1126 ------3909,4548 4032 ______4111 914 ______11274477 ------3909, 4548 4033 ______4463 966______u______5285, 5495 1128 ------3909,4548 4034 ____ 4465 980™______42631129 ------3909,4548 4035 ______4589 1011______5576 1130 ------3909, 4548 4036 ______4749 1061______4776 1131 ------3909, 4548 4037 ______4971 1065______43671132 ------„3909,4548 4038 ______5409 1468™ ______1__ 5577 1133 ______„ 3909, 4548, 5618 E xecutive Orders : 1472______38841134 _ 3909,4548 1136 ______3909, 4548,5618 April 17, 1926 (revoked in part P roposed R u l es: by PLO 5031)____ „____ 5342 1137 ______3909,4548 5327 (see PLO 5029)______5042 42______4______5800 1138 ______3909,4548 10001 (see EO 11586) ______4751 51______5432 10008 (see EO 11586)_____ 4751 59_____ 5178, 5435 8 CFR 10202 (see EO 11586)_____ 4751 910______5609 103—______5835 10292 (see EO 11586) ______4751 916 ______4055 204 ______;______5835 10420 (see EO 11586) ____ 4751 917 ______4056, 5614 205 ______5836 10659 (see EO 11586)_____ 4751 981______4295 245___ 5836 10714 (see EO 11586) _____ 4751 991______4060 10837 (see EO 11586)____ 4751 993______5706 9 CFR 10984 (see EO 11586)__ 4751 1000 ______3909 1001 ______3909,4408, 4548, 5141 76______3890, 11248 (amended by EO 3891, 4367, 4368, 4478, 4685, 4977, 1 1 5 8 7 )______4973 1002______„ _ 3909, 4548, 5141 1004______3909, 4548, 5141 5285, 5488, 5489, 5490 11350 (see EO 11586)_____ 4751 78______wmems...... 4«6o 11360 (see EO 11586)_____ 4751 1006 ______3909, 4548 1007 ______3909, 4548 311______m^mam____ 4591 11491 (see Memorandum of 331______-..- 5794 March 11, 1971)______4975 1011 ____ 3909, 4548 11584 ______4365 1012 ______3909, 4548 . P roposed R ules : 11585 ______4467 1013 ______3909, 4548 316______. 5435 1015______3909, 4548, 5141 317______11586 ______4751 1030______3909, 4548 5435 11587 ______4973 1032 ______3909, 4548 P residential D ocuments O ther 1033 _ 3909, 4548 10 CFR T han P roclamations and E xec­ 1036______3909, 4297, 4548 2______V 4686 utive O rders: 1040___ 3909, 4548 35-______... . 4368 Memorandum of March 11, 1043 ______3909, 454850______4861s5411 1971...... 4975 1044 ______3909, 4548170______4978 1046______*____ 3909, 4548 5 CFR 1049 _ 3909, 4548 12 CFR 1050 ______3909, 4548 213__ 3881, 5050 1060 ______3909, 4548 1 8 ______...... 4478 3882, 4292, 4471, 4537, 4977, 5033, 1061 ______3909, 4548 222______5581 5205, 5665 1062-.______3909, 4548 Ch. V______5867 316______3882 1063 ______3909, 4548 224 4538 2411______1 ...... 5205 1064 ______3909, 4415, 4548 ______1065 ______3909, 4548 226______4113 1068 ______3909, 4548250 ______5673 7 CFR Pa*€ 335 _ 3959 1069 ______3909, 4548 4686 16______5285 1070 _____ 3909, 4548 527 29______5665, 5669 1071 ______3909, 4548545______4688, 5465 55______5773 1073______3909, 4548 556 „ _ 5051 215______5494 563 _ 5465 1075 _:______3909, 4548 5466 250 5575 1076 ______: ______3909, 4548 640 30lZ IIIIIIIIl~III~3882, 4471^ 4776, 5575 1078 ______3909, 4548 Proposed R ules: 722______4853 1079 ______3909, 4548 222______5621,5622 724______4977 1090______3909, 4548 541 5710 730______s______3883 1094______3909, 4548 545 __ 5710,5711 760______5205 1096______3909, 4548 561 _ 5711 780______4367 1097______3909, 4548 563______5250, 5711, 5712 811______3883 1098 ______3909, 4548 703 5712 842____ ;______™ ______4475 1099 ______3909, 4548 743 4996 862_------4261 110U ______3909, 4548 905-______3884,5494 1102 _ 3909, 4548 13 CFR 1103 ___ .__ 3909, 4548 _ 4832 907„__„______3959, 11 0 4 ™ ______3909, 4548 121 4262, 4537, 4705, 5033, 5208, 5494, 1106______3909, 4548 P roposed R ules: 5575 1108______3909, 4548 121______5302 FEDERAL REGISTER 5891

14 CFR Page 16 CFR— Continued 21 CFR— Continued page 25______-______5490 301______i______5689 121______5213 27______5490 501__ 5689 130______5037 33______- ______- ______5490 135b______5602- 39______3891, 17 CFR 135c______5602 4369, 4478, 4479, 4689, 4753, 4861, 231______4483 141______4379 5034, 5209, 5210, 5286, 5673, 5674, 239 ______4779 145______4379 5837 240 _ 5784 146a______4260 611____ - ______4591 241 _ 4483 148c______4260 71 — ». 3892 249 _ 5784 148t______4491 " ~4<)43~ 4370-4375~ ~44Y9~,~448(j, 4538] 148u______4696 4690-4692, 4753, 4754, 4862, 5034, 271______4978, 5840 148w______4375 5210, 5211, 5286-5288, 5493, 5581- P roposed» R ules : 148y____ 4869 5583,5674-5676, 5837-5838 150______v_____ - ___ 4408 149b______4261 73______4114, 4862, 5583 230______4070 420______3965, 5690 75______7 ______4043, 249______.______4070 P roposed R u les: 4044, 4373, 4692, 4862, 5211, 5583, 274______4070 3______5052 5675-, 5676 15 ______4788 91______4591 18 CFR 16 ______4060 95____ 4481 3 ____ 5596 29______5707 97______4482, 4862, 5288, 5583, 5584 11___ 5596 130______Z______5852 127______4863 32 ______5596 144______5619 171______5584 33 __ 5596 301 _ 4928 207 ______3893, 5677 302 ______4928 208 ______567934 __ I______5597 35 ______5597 303 _;______4928 212____ 5683 304 ______4928 214—______5686 36 ______5597 221_____;______4538 45 _ 5598 305______4928 241—______5774 101______4386 306 ______4928 288______.______4538 105______3960 307 ______4928 385______4592 141______3964 308 ____ 4928 389— ______154 4115______5601 311 ______4928 399______4542 157______5601 312 ______4928 430 ______1594864______5598 316______4928 431 ______4864 201______3960, 5044 420______, ____ 5521 204______— 5048 Proposed R u les:. 250______—______5602 22 CFR 25______4878 260___ 5049 41______5040 29______4878 P roposed R ules: 37______4878, 5853 47______4697 39______4707, 4708 101______—_____ 5438 51______4870, 5690, 5842 61______5247, 5707 104 ___ 5438 730______4698 71—______3926, 105 __ 5438 3927, 4424-4426, 4508-4510, 4708, 141______5438, 580724 CFR 4788, 4789, 4881, 5249, 5298, 5299, 201______4551, 54385______4780 5515, 5516, 5619, 5620, 5708-5709, 204 _ 5438 10— 1______4291 5855 205 ______5438 81------5784 73______3927, 4881 260______4551, 5438200______4542, 4980 75.. 4298, 4299, 4510,4709, 4790, 4791 601______5713 1600______4542 91______4878, 5247, 5853 1906______5842 121______4878 19 CFR 1909______5340 123______4878 1 _ 4979 1914 ------4492,4780, 5340, 5506, 5785 127------5853 4 ______*______4979 1915 ------4493, 4781, 5507, 5786 135______4878, 5853 10 ______4484 P roposed R u les: ' Ch. n ______4627 11 ______5465 81______4427 239______4882 18______4485 302______3928 21______4490 25______4490 25 CFR 15 CFR 114______4490 111______4870 ____ 4868 123______4490 P roposed R u les: 30______5411,5839 153______4597, 4877221______4054 367 ______5035 P roposed R ules: 368 ______4375 1______4547,4611 26 CFR 371______4375 22______4046 373______4376 1______4597, 376______4376 20 CFR 4871, 4984, 5214, 5215, 5325, 5336, 386______4376 5339, 5495, 5603, 5604, 5846 667______5035 239______4980 13______4872, 5339, 5604 1020______5585 262______4980 31______5216, 5604 1025______5586 395__ 4980 48------3893 1030______5587 405______53______5488, 5842 5240 1035____ 5590 P roposed R ules: 154______3894 1040__ 5591 1______4547 245______4115 1050______5592 410______4340 3 0 1 .______—______5496 16 CFR P roposed R u les: 21 CFR 1____—------3899, 13------t------______--- _ ------4592— 2 __ _— ______5842 4387, 4388, 4547, 4885, 4986, 5221, 4596, 4692’-4695~ ~5212,"5774-5783, 27______;_____ 4542 5227, 5236, 5355, 5423, 5509, 5608, 5839 46 _ 3965 5851 5892 FEDERAL REGISTER

26 CFR—Continued Page 33 CFR—Continued Page 43 CFR— Continued Page P roposed B oles—Continued P roposed B o les: P roposed B oles—Continued 13______5227, 560866______5707 5032 ______5849 31______5227 117______*______4298, 5245 5033 ______5850 53______5240, 5355, 5357, 5608, 5706 209...... ______5431 P roposed B o l es: 143______5357 36 CFR 4. 5795 150 _____ 4896 1840. 151 ______— 4896311______4494 5367 1850. 5367 152 ____ 4896 P roposed B o les: 4110. 5367 194______4048, 4393 7______5851 9230. 196 ______4048, 4393 5367 197 ______4048, 4393 37 CFR 201*______4048, 4393, 4611 45 CFR 240______4393 i ______5850 70______4498 245______I ______4048, 4393,4398 121______, 5696 252______4611 38 CFR 141___ .______5697 301______5236,5243, 5608 3______4599, 5341 175______4984 6______4382 220______5605 28 CFR 8______4382 250______5789 0______— — 5787 17______4782 702.______5702 21______4783 1201______5342 29 CFR 36___ __ 5412 P roposed B o les: 1____x______— 4045 250______—______5832 5______4045 39 CFR ___ 5289 462______Ch. I______4117, 4755 46 CFR 511______4782 97______5606 525______5787 125______5605 3000______5412 110 _ 5606 778______4699, 4981 111 ______5606 1520______— ___ 5040 P roposed B o les: 146— ______5606 P roposed B o l es: 124____ 5608 147______5606 602______4551 164______5606 603______4551 41 CFR 201______4377 608______4551 1-5—______3971 360______5790 609 ___ 4551 4-1______5848 528______4292 610 ___ 4551 4-3______5848 542______4293, 5703 611______4551 4-7__ 5849 P roposed R ules: 612______4551 5 A-14______4259 146 ______4625, 614 ___ 4551 5A-73 ______5498 5246, 5296, 5400, 5805, 5853 615 ___ 4551 6-1______4377, 4599 147 ______5400 687______4551 9-1______5219, 5499 Ch. II______4420, 5805 1504______5436 9-5______5499 381______4707, 5052 9-51______;___ _ 5219 503______5369 30 CFR 12B-1______4754, 5499 510______,______5369 70______- ______4981 12B-50______4754, 5499 543______5369 18-5______•______3972 P roposed B o les: 18-6___ 3980 11 ______4652 18-7—______3988 47 CFR page 12 _ 4652 29-60______5691 0 ______5345 13 _ 4652 101-1______4983 1 _ " ______5294 14 ______4652 101-47______3894 V 4264, 4500, 5420 14a______4652 15______5294 70______4547 P roposed B o les: 21______4600 75______4406, 4548,4994, 5244,5296 Ch. 12—______5053 64______5345 90______3900 73—III——— 3966, 4284, 4503,5420, 5499 231______5510 42 CFR 83______5294, 5505 4______—„ 3894 97 4264 32 CFR 481______4543, 5290-5293, 5692-5696 P roposed B o les: 52_____ 4782 P roposed B o les: 1 ______3902, 5621 262______4872 37— „ ______4420 2 4885 701______5042 55______4421 25______■______4062, 5621 806______4700, 5787 410_____ 5867 63 5621 834______5847 73 3902, 1460______5848 43 CFR 4062, 4064, 4068, 4511, 5142, 5301, 1632____ 4782 P oblic Land O rders: 5369, 5521, 5807 1642____ 4782 74 4068, 4885 725 (revoked in part by PLO 07 5522 32A CFR 5026)______4378 oq _____ 5522 4522 (see PLO 5029)______5042 91------5522 OIA (Ch. X) : 4983 (corrected by PLO 5027) _ 4379 OI Beg. 1______4982, 5604 93———————————_____ 5522 5024— ______4378 ______.______4069, 4511 5025— ______4378 97 33 CFR 5026 ______4378 110______5042, 5604 5027 _____ 4379 49 CFR 117______4381 5028 ______4498 1 __ 5420 204______5218 5029 ______5042 9 III-——-____ 4290 207______4599, 5218 5030 ______5341 172 ______5420 401______5787 5031 _____ 5342 173______5420, 5421 FEDERAL REGISTER 5893

49 CFR—Continued Page 49 CFR—Continued Page 50 CFR—Continued page 174______5705 P roposed R ules—Continued 260______v______— 4609 251______j------5790 192______.______5866 280______4505 391______;______5705 232 4994 351______3970 393-1-______4545 571—IIIIIIIII 3928, 4627, 5516, 5855 P roposed R ules: 397 ______4874 574______4061 57l” _ 4290, 4291, 4600, 4607, 5490, 5793 1043— ___ 4995 25 ______5851 574______4783, 5422 1048______- ____ 5143 26 ______5851 1003______4984 1056______—______4072 29______5851 1033------3896, 1300______4628 31____ —„ J______5851 3897, 3968, 3969, 4385, 4505, 4786, 1307______4072 5606, 5793 33______5851 1048—______4505 50 CFR 230______3925, 5296 1122______5219 253 ______«______4506 28______- ...... — ______3898, 4704 254 ______4506 Proposed R ules: 32 ______5422 172 ______4626, 5806 33 ______280 4545,______4550 173 ______4626, 5299, 5710, 5806 4608, 4705, 5043, 5422, 5607, 5850 401______— ____ 4506

LIST OF REGISTER PAGES AND DATES— MARCH

Pages Date 3875_39f>3 .... ______March 2 3955-4106 ______3 4107-4357 ____ 1----- ______4 4359 4456 ______5 4457-4532 ------6 4533-4583 ______9 4585-4680 ______10 4681-4744 ______- ___ 11 4745-4845 ______12 4847-4966 ______13 4967 5027______16 5029-5197 ______17 5199-5280 ______18 5281 5320______19 5321 5404______20 5405-5460 ______23 5461-5568______24 5569-5657 ______25 5659-5765 ______26 5767 5828 ______27 5829 5893 ______30

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