FEDERAL REGISTER VOLUME 36 • NUMBER 45 Saturday, March 6,1971 • Washington, D.C. Pages 4457-4532

Agencies in this issue— The President Agricultural Research Service Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Commerce Department Comptroller of the Currency Consumer and Marketing Service Customs Bureau Defense Department Education Office Engineers Corps Federal Aviation Administration Federal Communications Commission Federal Highway Administration Federal Insurance Administration Federal Maritime Commission Federal Power Commission Federal Railroad Administration Federal Reserve System Food and Drug Administration Health, Education, and Welfare Department Housing and Urban Development Department Interim Compliance Panel (Coal Mine Health and Safety) Interstate Commerce Commission Labor Department Land Management Bureau National Oceanic and Atmospheric Administration Securities and Exchange Commission Tariff Commission Detailed list of Contents appears inside. Current White House Releases

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CIVIL AERONAUTICS BOARD EDUCATION OFFICE THE PRESIDENT Notices Notices Hearings, etc.: Special services for disadvantaged proclamations Interamerican Airfreight Co— 4519 students program; establish­ Red Cross Month, 1971------4463 International Air Transport As­ ment of closing date for receipt Save Your Vision Week, 1971------4463 sociation ------4520 of application for funds------4517 Latin American routes stopover EXECUTIVE ORDER authority investigation------4520 ENGINEERS CORPS Creating an emergency board to North Central , Inc------4520 Rules and Regulations investigate disputes between P u b lic use of certain lake and certain carriers represented by CIVIL SERVICE COMMISSION reservoir areas------4494 the National Railway Labor Rules and Regulations Conference and the Eastern, FEDERAL AVIATION Western and Southeastern Car­ Excepted service; Department of ADMINISTRATION riers’ Conference Committees Health, Education, and Wel­ and certain of their employees • fare ______4471 Rules and Regulations represented by the Brotherhood Airworthiness directives: of Railroad Signalmen------4467 COMMERCE DEPARTMENT Aerostar airplanes------4478 See also National Oceanic and At­ AiResearch engines—------4478 mospheric Administration. General Dynamics airplanes— 4479 EXECUTIVE AGENCIES Control zones and/or transition Notices a rea s; alterations (4 docu­ AGRICULTURAL RESEARCH Duty-free entry of scientific arti­ ments) ______4479, 4480 SERVICE cles; decisions on applica­ IFR a ltitu d e s ; miscellaneous tions: am endm ents------4481 Rules and Regulations College of William and Mary— 4515 Standard instrument approach Domestic quarantine; w h ite - Cornell University------— 4515 p ro ce d u re s ; miscellaneous fringed beetle; regulated areas- 4471 East Tennessee State Uni­ am endm ents------4482 versity ______- —------4515 Hog cholera and other communi­ Institute for Cancer Research— 4515 Proposed Rule Making cable swine diseases ; areas quar­ Sloan-Kettering Institute for Area high routes; designation—— 4510 antined ______4478 Cancer Research------4516 Control zone; alteration------. 4510 University of California------— 4516 Transition areas: AGRICULTURAL STABILIZATION Wistar Institute of Anatomy Alteration (3 documents) — 4508,4509 AND CONSERVATION SERVICE and Biology—------4516 Designation —.------4508 Designation, alteration, and Rules and Regulations COMPTROLLER OF THE revocation _»------4510 Beet sugar area; approved local CURRENCY areas for 1969 crop______'_____ 4475 FEDERAL COMMUNICATIONS Rules and Regulations COMMISSION AGRICULTURE DEPARTMENT F orm and content of financial Rules and Regulations See Agricultural Research Serv­ statements; consolidated state­ ments ______.______4478 Radio broadcast services; multiple ice; Agricultural Stabilization ownership of standard, FM and and Conservation Service.; Con­ CONSUMER AND MARKETING television broadcast stations— 4503 sumer and Marketing Service. Treaties and other international SERVICE agreements relating to radio— 4500 army d ep a r t m en t Rules and Regulations Proposed Rule Making See Engineers Corps. Grapefruit grown in Florida; Amateur radio service; expansion handling limitations (2 docu­ of telephony segments of high ATOMIC ENERGY COMMISSION ments) ______— 4476, 4477 frequency amateur bands------4511 Lemons grown in California and FM broadcast stations; table of Notices Arizona; handling limitation— 4476 assignments; extension of time- 4511 Applications for construction per­ Oranges grown in Florida; ex­ mits and facility licenses; penses and rate of assessment— 4477 FEDERAL HIGHWAY time for submission of views ADMINISTRATION on antitrust matters : CUSTOMS BUREAU Notices Alabama Power Co_.______4518 Rules and Regulations Chester Bridge tolls; public hear­ Louisiana Power & Light Co____ 4518 Implementation of TIR Conven­ in g ______------4517 Southern California Edison Co. tion and simplified in-bond and San Diego Gas and procedure ______4484 FEDERAL INSURANCE Electric Co______4518 ADMINISTRATION University of Maryland; proposed DEFENSE DEPARTMENT Rules and Regulations issuance of amendment to facil­ See also Engineers Corps. ity license______4519 National flood insurance program: Rules and Regulations Areas eligible; list------4492 Wisconsin Electric Power Co. and Standards for a merit system of Identification of flood-prone Wisconsin Michigan Power Co.; ' personnel administration (see areas; list------4493 Proposed issuance of facility op­ Health, Education, and Welfare (Continued on next page) erating license______4518 Department). 4459 4460 CONTENTS

FEDERAL MARITIME HOUSING AND URBAN LAND MANAGEMENT BUREAU COMMISSION DEVELOPMENT DEPARTMENT Rules and Regulations Notices See also Federal Insurance Admin­ Colorado; public land order; open­ ing of lands------4498 Agreements filed : istration. A. P. Klaveness & Co., A/S, et al_ 4521 Notices Atlantic and Gulf-Indonesia NATIONAL OCEANIC AND Redelegations of authority; Re­ C on feren ce______4521 ATMOSPHERIC g io n i: Atlantic and Gulf-Singapore, ADMINISTRATION Malaya, and Thailand Con­ Assistant Regional Administra- ference ______:------4522 tor for Equal Opportunity____ 4517 Rules and Regulations Farrell Lines, Inc., et al------4522 Certain HUD employees______4517 Yellowfin tuna; restrictions ap­ Malaysia-Pacific Rate Agree­ plicable to fishing vessels_____ 4505 ment _!_____:______4522 INTERIM COMPLIANCE PANEL Proposed Rule Making Pacific Coast European Confer­ ence and Matson Navigation (COAL MINE HEALTH AND Anadromous fisheries conserva­ C o ______4523 SAFETY) tion, development and enhance­ Prudential-Grace Lines, Inc., ment ______4506 and Compania Peruana de Notices Commercial fisheries research and V a p ores______4523 Westmoreland Coal Co. and Little development; supplemental no- . tice ______4506 United States Great Lakes and Rock Coal Co.; opportunity for Jellyfish; control or elimination; St. Lawrence River Ports/West public hearing regarding appli­ West Africa Agreement------4523 supplemental notice.»______4506 cations for renewal permits____ 4525 Notices FEDERAL POWER COMMISSION INTERIOR DEPARTMENT Yellowfin tuna; 1971 Commission Notices final resolution______4514 See Land Management Bureau. Hearings, etc.: Aztec Oil and Gas Co______4523 SECURITIES AND EXCHANGE Sherrod, Clifford H., Jr., et al_ 4524 INTERSTATE COMMERCE COMMISSION COMMISSION FEDERAL RAILROAD Rules and Regulations Rules and Regulations Registration and reporting; in­ ADMINISTRATION Car service: terpretative release____;______4483 Notices ^ Distribution of gondola cars____ 4504 Notices Seaboard Coast Line Railroad Co.; Return of hopper cars______4504 Hearings, etc.: petition for relief from require­ Commercial zones; metropolitan Chamberlain Manufacturing ment of initial terminal road government of Nashville and C o r p ______4525 train air brake tests______4518 Davidson County, Tenn.; correc­ Pennsylvania Electric Co------4526 FEDERAL RESERVE SYSTEM tion ______4505 TARIFF COMMISSION Notices Notices Notices First at Orlando Corp.; applica­ Motor carriers: Petitions for determination of tion for approval of acquisition Temporary authority applica­ eligibility to apply for ad­ of shares of bank______4525 tions ______4528 justment assistance; investi­ gations: FOOD AND DRUG Transfer proceedings______4530 Rerouting or diversion of traffic: Advance Ross Electronics Plant- 4M® American Bemberg Plant------452/ ADMINISTRATION Grand Trunk Western Railroad Bel-Tronics Corp______452/ Rules and Regulations C o ______4527 Carpenter Technology Corp----- 4j2/ Drugs; viomycin____ ,______4491 St. Louis-San Francisco Railway HEALTH, EDUCATION, AND C o ______4527 TRANSPORTATION DEPARTMENT See Federal Aviation Administra­ WELFARE DEPARTMENT LABOR DEPARTMENT tion; Federal Highway Admin­ See also Education Office; Food Rules and Regulations istration; Federal Railroad Ad­ and Drug Administration. ministration. Rules and Regulations See Health, Education, and Wel­ fare Department). Standards for a merit system of TREASURY DEPARTMENT personnel administration; joint See Comptroller of the Currency; regulations ______4498 Customs Bureau. CONTENTS 4461 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.

3 CFR 14 CFR 43 CFR Proclamations: 39 (3 documents) ______4478-4479 P ublic Land O rder: 4033______l______4463 71 (4 documents)______4479, 4480 5028_____1______4498 4034______;______4465 95______— 4481 97____ 4482 Executive Order: 45 CFR P roposed R ules : 11585- ______4467 70______4498 71 (6 documents)______4508,4509,4510 5 CFR 75____ 4510 47 CFR 213 ______4471 2______4500 17 CFR 73______4503 7 CFR 231____ 4483 P roposed R ules : 241______4483 301______4471 73______4511 842_. ____ 4475 19 CFR 97______4511 910____ .__ ___ 4476 10______4484 49 CFR 912______4476 18 _ 4485 21______4490 1033 (2 documents)______4504 913__ .__ __ 4477 1048______4505 914____ 25______4490 ______4477 114______4490 50 CFR 9 CFR 123_____ 4491 280______4505 76____ 21 CFR P roposed R ules : 148t______„ ______4491 12 CFR 253______4506 24 CFR 254______4506 18____ 401______4506 1914 ______*______4492 1915 ______4493 36 CFR 311______4494

Presidential Documents

Title 3—The President

PROCLAMATION 4033 Red Cross Month, 1971

By the President of the United States of America

A Proclamation

The highest ideal of mankind is love, and the great challenge is to infuse love into the decisions and actions of daily living. “ Love cannot be a mere abstraction,” the American religious leader Mary Baker Eddy wrote nearly a century ago; we must “make strong demands on love, call for active witnesses to prove it, and noble sacrifices and grand achievements as its results.” A t about the same time, her contemporary Clara Barton was founding an organization that meets this challenge superbly— the American Red Cross. Today the hands of the Red Cross reach across the Nation- and, through the League of Red Cross Societies, around the world, to bring relief wherever disaster, disease, misfortune, or war causes human suffer­ ing. The American Red Cross is chartered by Congress but its financing is purely voluntary, compelled by compassion alone. The success of its vital humanitarian mission rests upon generous gifts of time and money from millions of Americans. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, and Honorary Chairman of the American National Red Cross, do hereby designate March 1971, as Red Cross Month, a month when the organization will appeal for your active help. I urge every American to measure his contribution of dollars and skills by the same rule that governs the work of the Red Cross— the Golden Rule. IN W ITN ESS W H E R E O F, I have hereunto set my hand this fourth day of March, in the year of our Lord nineteen hundred seventy-one, and of the Independence of the United States of America the one hundred ninety-fifth.

[FR Doc.71-3283 Filed 3-4-71 ;4:30 pm]

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971

THE PRESIDENT 4465

PROCLAMATION 4034 Save Your Vision Week, 1971

By the President of the United States of America

A Proclamation

The greatest tragedy of blindness is that it may be needless. Much can be done to preserve sight by regular ànd thorough eye èxaminations, beginning early in life, and by promoting eye safety on the job, in schools, and at home. Early detection can prevent glaucoma and prompt treatment can restore the vision lost because of cataracts. Healthy tissue can be trans­ planted to restore sight. O n the other hand, there are many causes of blindness or visual disability that science cannot yet prevent or treat. Only research can provide the answers to visual problems such as disorders of the retina, inherited vision defects, and blindness from long-standing diabetes. The Federal Government conducts and supports such research in the recently established National Eye Institute of the National Institutes of Health and in laboratories across the Nation. This effort by the Govern­ ment complements the many excellent activities of private and voluntary groups in supporting research and in providing services to the blind and visually handicapped. In an effort to make Americans better aware of how sight may be preserved, the Congress by a joint resolution approved December 30, 1963 (77 Stat. 6 29 ), requested the President to proclaim the first week in March of each year as Save Your Vision Week, NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim the week of March 7, 1971, as Save Your Vision Week; and I invite appropriate officials of State and local governments to issue similar proclamations. I call upon all our citizens to join in this observance by learning how visual disabilities may be prevented and by seeking professional attention for themselves and their families for vision problems. I also encourage them, and the communications media, the health care professions, and other interested organizations, to support research aimed at conquering those diseases and conditions against which we now have no defense.

IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of March, in the year of our Lord nineteen hundred seventy-one, and of the Independence of the United States of America the one hundred ninety-fifth.

[FR Doc.71-3282 Filed 3-4-71;4:30 pm]

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 »0.46----- 2

THE PRESIDENT 4467

EXECUTIVE ORDER 11585

Creating an Emergency Board to Investigate Disputes Between Certain Carriers Represented by the National Railway Labor Conference and the Eastern, Western, and Southeastern Carriers’ Conference Committees and Certain of Their Employees Represented by the Brotherhood of Railroad Signalmen

W H E R E AS disputes exist between certain carriers represented by the National Railway Labor Conference and the Eastern, Western and Southeastern Carriers’ Conference Committees, designated in List A attached hereto and made a part hereof, and certain of their employees represented by the Brotherhood of Railroad Signalmen, a labor organi­ zation; and WHEREAS these disputes have not heretofore been adjusted under the provisions of the Railway Labor Act as amended; and W H E R E AS these disputes, in the judgment of the National Mediation Board, threaten substantially to interrupt commerce to a degree such as to deprive the country of essential transportation service: NOW, THEREFORE, by -virtue of the authority vested in me by section 10 of the Railway Labor Act, as amended (45 U.S.C. 160), I hereby create a board of three members, to be appointed by me, to investigate these disputes. N o member of the board shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier. The board shall report its findings to the President with respect to the disputes within thirty days from the date of this order. As provided by section 10 of the Railway Labor Act, as amended, from this date and for thirty days after the Board has made its report to the President, no change, except by agreement, shall be made by the carriers represented by the National Railway Labor Conference and the Eastern, Western and Southeastern Carriers’ Conference Commit­ tees, or by their employees represented by the Brotherhood of Railroad Signalmen, in the conditions out of which the disputes arose.

T h e W h it e H o u se , March 4, 1971.

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4468 THE PRESIDENT

L is t A EASTERN RAILROADS Akron, Canton & Youngstown Railroad Ann Arbor Railroad Baltimore and Ohio Railroad Baltimore and Ohio Chicago Terminal Railroad Staten Island Rapid Transit Railway Bangor and Aroostook Railroad Bessemer and Lake Erie Railroad Boston and Maine Corporation Boston Terminal Corporation Central Railroad Company of New Jersey New York and Long Branch Railroad Company Central Vermont Railway, Inc. Cincinnati Union Terminal Company Cleveland Union Terminals Company Dayton Union Railway Delaware and Hudson Railway Detroit and Toledo Shore Line Railroad Detroit Terminal Railroad Detroit, Toledo and Iron ton Railroad Erie Lackawanna Railway Grand Trunk Western Railroad Indiana Harbor Belt Railroad Indianapolis Union Railway Lehigh and Hudson River Railway Lehigh and New England Railway Lehigh Valley Railroad Maine Central Railroad Company Portland Terminal Company Monongahela Railway Monon Railroad New York, Susquehanna and Western Railroad Norfolk and Western Railway (Lines of former New York, Chicago and St. Louis Railroad) (Lines of former Pittsburgh and West Virginia Railway) Penn Central Transportation Company Pennsylvania-Reading Seashore Lines Reading Company Union Railroad Company (Pittsburgh) Washington Terminal Company Western Maryland Railway WESTERN RAILROADS Alton and Southern Railway Atchison, Topeka and Santa Fe Railway Belt Railway Company of Chicago Burlington Northern, Inc. (Former Chicago, Burlington & Quincy Railroad) (Former Great Northern Railway) (Former Northern Pacific Railway) (Former Spokane, Portland & Seattle Railway) Chicago and Eastern Illinois Railroad Chicago and Illinois Midland Railway Chicago and North Western Railway Chicago and Western Indiana Railroad Chicago, Milwaukee, St. Paul and Pacific Railroad Chicago, Rock Island and Pacific Railroad Colorado and Southern Railway Denver and Rio Grande Western Railroad Denver Union Terminal Railway Duluth, Winnipeg and Pacific R ailw ay Elgin, Joliet and Eastern Railway Fort Worth and Denver Railway Galveston, Houston and Henderson Railroad Green Bay and Western Railroad Houston Belt and Terminal Railway Illinois Central Railroad (Including the Paducah and Illinois Railroad) Joint Texas Division of CRI&P— FtW&D Railway Kansas City Southern Railway Kansas City Terminal Railway Louisiana and Arkansas Railway Missouri-Kansas-Texas Railroad

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 THE PRESIDENT 4469

w e s t e r n railro ad s—continued Missouri Pacific Railroad Norfolk and Western Railway (Lines formerly operated by the Wabash Railroad) Peoria and Pekin Union Railway St. Louis-San Francisco Railway St. Louis Southwestern Railway Soo Line Railroad Southern Pacific Transportation Company Pacific Lines Texas and Louisiana Lines Former Pacific Electric Railway Terminal Railroad Association of St. Louis Texas and Pacific Railway Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans Toledo, Peoria and Western Railroad Union Pacific Railroad Union Terminal Company (Dallas) Western Pacific Railroad SOUTHEASTERN RAILROADS Atlanta and West Point Railroad Company The Western Railway of Alabama Central of Georgia Railway Chesapeake and Ohio Railway Clinchfield Railroad Georgia Railroad Gulf, Mobile and Ohio Railroad Jacksonville Terminal Company Kentucky and Indiana Terminal Railroad Louisville and Nashville Railroad New Orleans Public Belt Railroad Norfolk and Western Railway (Atlantic and Pocahontas Regions) Richmond, Fredericksburg and Potomac Railroad Seaboard Coast Line Railroad Southern Railway Alabama Great Southern Railroad Cincinnati, New Orleans and Texas Pacific Railway Georgia Southern and Florida Railway Harriman and Northeastern Railroad New Orleans Terminal Company St. Johns River Terminal Company [FR Doc.71-3249 Filed 3 -4 -7 l j l : 41 pm]

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971

4471 Rules and Regulations

(2) Suppressive area. D. In § 301.72-2a relating to the State Title 5— ADMINISTRATIVE Clay County. That area included within of Georgia, under generally infested area, the corporate liimts of the town of Datto. the following counties are added or re­ Craighead County. Secs. 10, 11, 12, 13, 14, PERSONNEL 15, 23, 24, 25, and 36, T. 14 N„ R. 3 E.; secs. described and should be listed in alpha­ 1, 2, 3, 11, 12, 13, 14, 24, and 25, T. 13 N., R. betical order as follows: Chapter I— Civil Service Commission 4 E.; secs. 7, 8, 9, 10, 11, 14, 15, 16, 17, 1A, 19, G eorgia 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 34, 35, and PART 213— EXCEPTED SERVICE 36, T. 14 N., R. 4 E.; secs. 18, 19, and 30, T. (1) Generally infested area. 13 N., R. 5 E., including all of the town of Appling County. That portion of Georgia Department of Health, Education, Jonesboro; secs. 9, 10, 11, 14, 15, and 16, T. Militia District 1726 lying east of State Sec­ and Welfare 13 N., R. 7 E., including all of the town of ondary Road S-1301. Caraway; and secs. 27, 28, 33, and 34, T. 15 * * * * * Section 213.3316 is amended to show N., R. 7 E., including all of the town of Billlbch County. Georgia Militia Districts that one position of Special Assistant to Monette. 45, 48, 1209, 1575, 1716, 1547, 44, and 1803. the Assistant Secretary for Public Affairs Crittenden County. All the area included * * * # * is excepted under Schedule C. Effective within the corporate limits of the towns of Carroll County. That portion of the county on publication in the F ederal R egister Crawfordsville, Earle, Marion, Norvell, and West Memphis; secs. 1, 2, 11, and 12, T. 5 N., lying within Georgia Militia Districts 649, (3-6-71), subparagraph (20) is added to 642, 714, and 1533. paragraph (a) of § 213.3316 as set out R. 7 E.; secs. 35 and 36, T. 6 N., R. 7 E.; secs. 6 , 7, 8 , and 17, T. 5 N„ R. 8 E.; sec. 31, T. 6 N., Chatham County. That portion of the below. R. 8 E.; sec. 24, T. 7 N., R. 7 E.; secs. 19, 21, county lying between the Seaboard Coast­ § 213.331,6 Department of Health, Edu­ 22, 27, and 28, T. 7 N., R. 8 E.; secs. 9, 15, 16, line Railroad and the Pipe Maker’s Canal and bounded on the east by Dean Forest cation, and W elfare. 22, and 27, T. 8 N., R. 8 E.; and sec. 10, T. 6 N., R. 9 E. Road and on the west by 1-95. (a) Office of the Secretary. * * * ***** * * * # * (20) One Special Assistant to the As­ Lawrence County. That area included Colquitt County. The entire county. sistant Secretary for Public Affairs. within the corporate limits of the town of Columbia County. That portion ,of Georgia * * * * * Black Rock. Militia District 128 lying north of Fort Gor­ don Reservation. (5 U.S.C. 3301, 3302, E.O. 10577; 3 CPR 1954- ***** 58 Comp., p. 218) * * ♦ * * Mississippi County. Secs. 7, 8, 9, and 17, Crisp County. That portion of the county United S tates Civil Serv­ T.15 N., R. 8 E., including all of the town of lying within Georgia Militia Districts 1451, Leach ville; sec. 19, T. 10 N., R. 9 E.; secs. 11 ice Commission, 1004, 1040, 732, and 1697. and 12, T. 12 N., R. 9 E.; all of the area [seal] James C. Spry, within the corporate limits of the town of * * * * * Executive Assistant to Manila; all of the area within the limits of Douglas County. All of that part of the the Commissioners. the Blytheville Air Force Base; secs. 2, 3, 4, city of Villa Rica that lies within the county. IFR Dog.71-3253 Filed 3-5-71;8:52 am] 8 , 9, 10, 11, 13, 14, 15, 16, 17, 20, 21, 22, 23, * * * * * and 28, T. 15 N., R. 11 E., including all of the Haralson County. Thè entire county. town of Blytheville; secs. 27 and 34, T. 16 N., R. 11 E.; and secs. 8, 17, and 18, T. 15 N., * * * * * R. 12 E. Jenkins County. That portion of the Title 7— AGRICULTURE Monroe County. All of the area lying with­ county lying within a radius of 2 miles with in the corporate limits of the towns of Brink- center at the intersection of U.S. Highway 25 Chapter III— Agricultural Research ley and Clarenden, and secs. 22, 23, 26, and and the Burke County line; and all of Georgia Militia District 1638. Service, Department of Agriculture 27, T. 1 S., R. 2 W. ***** ***** PART 301— DOMESTIC QUARANTINE Poinsett County. That area included within Madison County. That portion of the NOTICES the corporate limits of the towns of Harris­ county lying within a radius of 1 mile with burg, Trumann, and Tyronza; secs. 12, 13, 14, center at U.S. Highway 29 and the Diamond Subpart— White-Fringed Beetle 23, 24, 25, and 26, T. 10 N., R. 3 E.; secs. 1, 2, Hill-Colbert Road. and 3, T. 10 N., R. 6 E.; secs 34, 35, and 36,. * * * * * R egulated Areas T. 11 N., R. 6 E., including all of the town Mitchell County. That portion of the Under the authority of § 301.72-2 of of Market Tree; secs. 2, 3, 4, 9, 10, 11, 14, 15, county lying within Georgia Militia District ‘he White-Fringed Beetle Quarantine 22, and 23, T. 11 N., R. 7 E.; and secs. 9, 26, 1194, and that portion of Georgia Militia 33, 34, and 35, T. 12 N., R. 7 E., including all regulations, 7 CFR 301.72-2, as amended, District 1173 lying south of State Highway of the town of Lepanto. 97 and west of State Secondary Road S-1643, “ supplemental regulation designating Pulaski County. That portion of T. 2 N., R. excluding that portion of the city of Camilla. regulated areas, 7 CFR 301.72-2a, is 12 W., lying west of State Highway 5 and ***** ereby amended as follows: north of Interstate 40; sec. 31, T. 3 N., R. 12 W., and that area included within a circle N&wton County. That portion of the A- In § 301.72-2a relating to the State county lying within Georgia Militia th ?oama, the entire description for having a y2 -mile radius with the center point located at the intersection of Markham Road Districts 420, 462, 461, 1261, and 1513. at State is changed to read as follows: and Rodney Parham Road. ***** Alabama * * * * * Rockdale County. That portion of the Union County. Sec. 17, T. 17 S., R. 15 W. county lying within Georgia Militia District State ^ enera% infested area. The entire 561. C. In § 301.72-2a relating to the State Suppressive area. None. ***** (2) of Florida, the following county is added Whitfield County. That portion of the of a ^ 301.72-2a relating to the State in alphabetical order to the generally in­ county lying within an area having a 1-mile foiirt • nsas’ ^ d e r suppressive area, the fested área: radius with center at the intersection of State counties are added or rede- F lorida Highway 71 and State Secondary Road 1582. nbcd and should be listed in alphabeti­ (1) Generally infested area. * * * ***** sier as follows: Hamilton County. Secs. 12, 13, and 24, T. E. In § 301.72-2a relating to the State 2 N., R. 11 E.; and secs. 7, 8, 17, 18, 19, and Arkansas 20, T. 2 N„ R. 12 E. of Louisiana, the entire description for * * * * • • that State is changed to read as follows:

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6 , 1971 4472 RULES AND REGULATIONS

L ouisiana Pointe Coupee Parish. Sec. 74, and that por­ south along Cornwell Avenue to its inter­ tion of secs. 75 and 76 west of Louisiana section with Jordan Street, thence west (1) Generally infested area. Highway 77 and north of U.S. Highway 190, along Jordan Street to its intersection with Acadia Parish. T. 7 S., Rs. 1 E. and 1 W.; T. 6 S., R. 9 E. Line Avenue, thence north along Line Ave­ secs. 13, 21, 22, 23, 24, 25, 26, 27, 28, 32, 33, Rapides Parish. That portion of sec. 1 out­ nue to its intersection with U.S. Inter­ 34, 35, 36, and 43, T. 9 S., R. 1 E.; that por­ side of the corporate city limits of Pineville; state Highway 20, thence northeast along tion of sec. 14, T. 9 S., R. 1 E., lying south sec. 2, T. 4 N., R. 1 W.; and secs. 35 and 36, U.S. Interstate Highway 20 to the point ol of Bayou Wikoff; those portions of secs. 20, T. 5 N., R. 1 W.; and that portion of the beginning. 29, 30, 31, and 44, T. 9 S., R. 1 E., lying south city of Alexandria bounded on the west by Grant Parish. Sec. 15, T. 6 N., R. 1 W. and east of Bayou Plaquemine Brule; secs. 3, MacArthur Drive, on the south and east by Morehouse Parish. All that area within the 4, 5, 6, 7, 8, and 37, T. 10 S., R. 1 E.; and secs. Monroe Street, and on the north by Bolton corporate limits of the city of Bastrop; secs. 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, and Avenue; secs. 4, 5, and 6, T. 1 S., R. 2 W.; 13, 14, and those portions of secs. 23 and 24 34, T. 9 S. R. 2 E. secs. 28, 29, 30, 31, 32, and 33, T. 1 N.,' R. 2 outside the corporate limits of' the city of De Soto Parish. All that area lying within W.; secs. 32, 78, 115, and that portion of Bastrop, T. 21 N., R. 5 E. the corporate limits of the city of Mansfield. 118 and 119 lying south of State Highway 121 Terrebonne Parish. That area bounded by East Baton Rouge Parish. Sec. 48, T. 5 S„ in T. 4 N., R. 3 W.; and secs. 12, 13, 37, 38, 40, a line commencing where the Intercoastal R. 1 W.; secs. 58 and 59, T. 6 S., R. 1 W.; that Waterway crosses Bayou Terrebonne; thence portion of the parish lying within T. 6 S., Rs. and 41 in T. 4 N.. R. 4 W; St. Bernard Parish. The entire parish. north and east along said waterway to the 1 E. and 1 W., south and west of U.S. High­ east line of R. 17 E.; thence south along way 190 ( Highway), and those por­ St. Charles Parish. That area bounded by a line beginning at a point where U.S. High­ said line to the intersection of East Houma tions of secs. 50, 51, and 64, T. 6 S., R. 1 E., way 61 and the St. Charles-St. John the Bap­ City limits; thence south along city limit lying east of said highway; and that portion line to the intersection of Louisiana Highway of the parish lying within T. 7 S., Rs. 1 and tist Parish line intersect and extending east­ ward along said highway to its intersection 57; thence north and west along said high­ 2 E. and 1 W. way to the intersection of State Highway 24; East Feliciana Parish. T. 1 S., Rs. 1, 2, 3, with the St. Charles-Jefferson Parish line, thence south along said parish line to its thence west on State Highway 24 to the point and 4 E.; T. 2 S., Rs. 2 and 3 E.; that area of beginning. bounded by lines lying 1 mile east and west intersection with U.S. Highway 90, thence westward along said highway to its junction West Feliciana Parish. Secs. 51, 52, 67, and of and parallel to Louisiana Highway 19 ex­ 68, T. 3 S., R. 3 W„ excluding that area lying tending from the south line of the parish with State Highway 3060, thence northeast along said highway to its junction with State within the corporate limits of the city of northward to Louisiana Highway 955; and St. Francisville. secs. 28, 33, 42, and 47, T. 2 S., R. 1 E. Highway 18, thence northeast along a line Evangeline Parish. That area bounded by projected from a point at the junction of F. In § 301.72-2a relating to the State lines lying 1 mile west and east of and paral­ State Highways 18 and 3060 to the east bank of Mississippi, the entire description for of the Mississippi River, thence northwest lel to Louisiana Highway 13 extending from that State is changed to read as follows: State Highway 1160 to the south line of the along said bank of the Mississippi River to parish. its intersection with the St. Charles-St. John M ississippi Iberia Parish. That portion of the parish the Baptist Parish line, thence east and northeast along said parish line to the point (1) Generally infested area. known as Avery Island including secs. 37, 38, Adams County. The entire county. 39, 53, 55, and 56, T. 13 S., R. 5 E.; and secs. of beginning. Alcorn County. The entire county. 36, 55, 56, 57, 58, 59, and 60, T. 13 S., R. 6 E.; St. Helena Parish. The entire parish. _ St. James Parish. That area bounded by a Amite County. The entire county. and secs. 1, 2, 10, 11, 12, and 13, T. 12 S., R. Attala County. The entire county. 6 E. line beginning at a point where U.S. High­ way 61 and the Ascension-St. James Parish Benton County. The entire county. Iberville Parish. All the sections in T. 9 S., Bolivar County. Sec. 3 and NW>4, T. 21 N., R. 12 E., lying west of State Highway 1, in­ line intersect and extending southeast and east along said highway to its intersection R. 5 W.; secs. 15, 16, 17, 18, 22, 27, and 34, and cluding all the area in the corporate limits SW14, T. 22 N., R. 5 W.; and secs. 8, 9, 16,17, of the city of Plaquemine. with the St. James-St. John the Baptist Parish line, thence southeast along said 20, and 21, T. 23 N., R. 5 W. Jefferson Parish. The entire parish. Calhoun County. Secs. 4, 5, 8, and 9, T. 22 Lafayette Parish. T. 9 S., Rs. 3, 4, and 5 E., parish line to the east bank of the Missis­ sippi River, thence northwest along said N., R. 9 E.; secs. 13, 14, 15, 22, 23, 24, 32, and including all of the corporate limits of the 33, T. 23 N., R. 9 E.; and an area 2 miles wide city of Lafayette; and T. 10 S., R. 5 E. bank of the Mississippi River to its inter­ section with Ascension-St. James Parish line, with State Highway No. 9 as the centerliim, Lincoln Parish. Secs. 6, 7, 18, 19, 20, 21, 28, beginning at the south line of T. 13 S., B. 29, 30, and 31, T. 18 N„ R. 2 W.; T. 18 N., R. thence eastward along said parish line to the point of beginning. 1 W., and continuing to Savannah Creek 3 W.; and that portion of the parish lying T.11S..R.1W.' within T. 20 N„ Rs. 2 and 3 W. St. John the Baptist Parish. All that por­ tion of the parish lying between U.S. High­ Carroll County. Secs. 13, 14, 15, 22, 23, and Livingston Parish. Secs. 57 and 58, T. 5 S., 24, T. 17 N„ R. 5 E. R. 3 E.; and that portionx>f the parish lying way 61 and the Mississippi River, and all of Chickasaw County. Secs. 4, 9, 31,32, and 3 , within T. 6 S.; and that portion of T. 7 S., secs. 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 54, Rs. 6 and 7 E., lying within the parish. 55, 56, 59, 60, 61, and 62, T. 11 S., R. 7 E. T. 13 S., R. 3 E.; secs. 4, 5, and 6, NE^, T. 1« Orleans Parish. All of Orleans Parish, in St. Landry Parish. That portion of the S„ R. 3 E.; and SE%, T. 12 S., R. 5 E. eluding the city of New Orleans. parish lying in T. 6 S. west of the east line of Choctaw County. The entire county. R. 2 E.; secs. 33, 34, 35, 42, and 45, T. 5 S., Claiborne County. The entire county. Ouachita Parish. Secs. 24 and 25, T. 18 N„ R. 5 E.; secs, 2, 3, 4, 5, 6, 11, 12, 13, 14, 15, Clarke County. The entire county. R. 1 E.; secs. 25, 26, 27, 28, 29, and 30, T. 18 16, 52, and 63, T. 6 S., R. 5 E.; that portion Clay County. Secs. 20, 21, 28, and 29, T. N., R. 2 E.; secs. 4, 5, 6, 7, 8 , 9, 16, and that of sec. 47 lying east of the Missouri Pacific portion of 54 lying north of State Road 3033, N., R. 13 E.; secs. 22, 23, and 24, and NE/4- Railroad, and sec. 61, T. 7 S., R. 5 E.; and T. 17S..R. 6E. T. 17 N., R. 3 E.; that portion of T. 18 N., R. sec. 30, T. 7 S., R. 6 E. 3 E., lying west of the Ouachita River; and Coahoma County. Secs. 18, 19, and 30, J- St, Martin Parish. Secs. 13, 24, 105, and N„ R. 3W.; and secs. 13, 14, 15, 22, 23, 24, 25, that area bounded by a line beginning at the 106, T. 8 S., R. 5 E.; and secs. 48 and 67, 26, and 27, T. 27 N„ R. 4 W. point where the west line of sec. 39, T. 18 N., T. 8 S., R. 6 E. R. 4 E., intersects Bayou DeSiard and ex­ St. Tammany Parish. The entire parish. Copiah County. The entire county. tending east and north along said bayou to Tangipahoa Parish■ The entire parish. Covington County. The entire county. the south line of sec. 11, T. 18 N.,-JR, 4 E., Union Parish. Secs. 16, 17, 18, 19, 20, 21, DeSoto County. The entire county. thence northeast to the east line of sec. 12, 28, 29, 30, 31, 32, and 33, T. 21 N., R. 1 E.; Forrest County. The entire county. thence north to the north line of sec. 31, T. and secs. 21, 22, 23, 24, 25, 26, 27, 28, and 36, Franklin County. Hie entire county. 19 N„ R. 5 E., thence east to the east line of T. 21 N„ R. 1 W. George County. The entire county. sec. 31, thence south along the east lines of Washington Parish. The entire parish. Greene County. The entire county. secs. 31 and 6 to the Stubbs-Ritchie Road, Webster Parish. T. 18 N., R. 9 W., includ­ Grenada County. The entire county. thence east to the intersection of Stubbs- ing all that area lying within the corporate Hancock County. The entire county. Ritchie Road with State Road 594, thence limits of the city of Dubberly; T. 19 N., R. Harrison County. The entire county. south along State Road 594 to the crossing 9 W.; and all that area lying within the Hinds County. The entire county. of the Illinois Central Railroad, thence west corporate limits of the city of Springhill. Holmes County. Secs. 25, 26, 27, 34, 35, an along said railroad to the west line of sec. (2) Suppressive area. 36, T. 15 N„ R. 2 E.; that P°rt^ “ ° the 33, T. 18 N., R. 5 E., thence north along the Caddo Parish. That area in the corporate NE^4, T. 12 N„ R. 3 E„ 3 west lines of secs. 33 and 39, T. 18 N., R. 4 E., limits of the city of Shreveport bounded by county; secs. 21, 22, 27, and 28, T .13 •» • to the point of beginning. a line beginning at a point where Youree E.; secs. 17, 18, 19, and 20, T. 13 N., B- ' Plaquemines Parish. T. 18 S., R. 27 E.; and Drive intersects U.S. Interstate Highway 20, secs. 1, 2, 3, 10, 11, 12, 13, 14, 15, and 2 3 ,and all of that portion of the parish lying north thence southeast along Youree Drive to its N., R. 4 E.; secs. 3 and 4, T. 15 N., R- 5 E-. of the south line of T. 16 S. intersection with Cornwell Avenue, thence secs. 33 and 34, T. 16 N., R. 5 E.

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 RULES AND REGULATIONS 4473

Itawamba County. SW%, T. 7 S., R. 8 E.; Wayne County. The entire county. ary Road 1747; thence west along said road secs. 23, 24, 25, 26, 35, and 36, and NW}4, T. Webster County. The entire county. to its junction with State Secondary Road 9 S., R. 8 E.; secs. 25 and 36, T. 7 S., R. 9 E.; Wilkinson County. The entire county. 1700; thence southwest along said road to its sec. 1, T. 8 S., R. 9 E.; secs. 19, 20, 29, 30, 31, Winston County. The entire county. intersection with State Secondary Road 1725; and 32, T. 9 S., R. 9 E.; secs. 29, 30, 31, and Yalobusha County. Secs. 3, 4, and 5, T. 24 thence north along said road to point of 32, T. 7 S., R. 10 E.; and secs. 5 and 6, T. 8 N., R. 6 E.; secs. 32, 33, and 34, T. 25 N., R. beginning. S„ R. 10 E. 6 E.; secs. 28, 29, 30, 31, 32, and 33, T. 10 S., * * * * * Jackson County. The entire county. R. 4 W.; and secs. 4, 5, 6, 7, 8, and 9, T. 11 S., Jasper County. The entire county. R. 4 W. I. In § 30I.72-2a relating to the State Jefferson County. The entire county. Yazoo County. Ey2, T. 12 N., R. 2 W.; secs. of North Carolina, under suppressive Jefferson Davis County. The entire county. 1, 2, and 3, T. 11 N., R. 2 W.; and that portion area, the entire listing for Wake County Jones County. The entire county. of T. 12 N.f R. 3 E., lying within the county. is deleted. Kemper County. The entire county. (2) Suppressive area. None. J. In § 301.72-2a relating to the State Lafayette County. Secs. 15, 16, 17, 18, 19, of South Carolina, under suppressive 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, and 34, G. In § 301.72-2a relating to the State T. 8 S., R. 3 W.; secs. 3, 4, 5, and 6, T. 9 S., of North Carolina, under generally in­ area, Beaufort County is redescribed as R. 3 W.; secs. 13, 24, 25, and 36, T. 8 S., R. fested areas, the following counties are follows: 4 W.; and sec. 1, T. 9 S., R. 4 W. added or redescribed and should be.listed So u th Carolina Lamar County. The entire county. in alphabetical order as follows: * * * * * Lauderdale County. The entire county. Lawrence County. The entire county. North Carolina (2) Suppressive area. Beaufort County. All that area lying north Leake County. The entire county. (1) General infested area. * * * Lee County. The entire county. Cabarrus County. The entire county. of the Coosaw River and Whale Branch. Lincoln County. The entire county. Lenoir County. The entire county. ***** Lowndes County. Secs. 16, 17, 18,' 19, 20, ***** K. In § 301.72-2a relating to the State and 21, T. 18 N., R. 16 E.; SW%, T. 16 S., of Tennessee, under generally infested R. 18 W.; secs. 4, 5, and 6, T. 17 S., R. 18 W.; Nash County. Beginning at a point where secs. 24, 25, and 36, T. 16 S., R. 19 W.; and the Tar River crosses the Franklin and Nash area, the following counties are added all of the area lying within the corporate County line, thence south and east along or redescribed and should be listed in limits of the city of Columbus. Tar River to its intersection with State Sec­ alphabetical order as follows: ondary Road 1001; thence south and east Madison County. The entire county. T ennessee Marion County. The entire county. along said road to its intersection with Tois- Marshall County. SW%, T. 3 S., R. 2 W.; not Swamp; thence southeast along Toisnot (1) Generally infested area. * * * NWy4, T. 4 S., R. 2 W.; SE%, T. 3 S., R. 3 W.; Swamp to its intersection with the Wilson Decatur County. All of Civil District 6. andNE^.T. 4 S., R. 3 W. County line; thence southwest along Wilson ***** Monroe County. Secs. 35 and 36, T. 11 S., and Nash County line to its junction with the Johnston County line; thence northwest Giles County. That portion of the city of R. 6 E.; SW^, T. 15 S., R. 18 W.; sec. 32 and Pulaski bounded on the west by State High­ that portion of sec. 33, T. 13 S., R. 16 W., along the Johnston and Nash County line to a point where Johnston, Wake, Franklin, way 11, north by U.S. Highway 64, east and lying in Mississippi; sec. 5, T. 14 S., R. 16 W.; south by city limits and Richland Creek. secs. 25, 26, 35, and 36, T. 14 S., R. 19 W.; and and Nash County lines meet; thence north­ all of the areas lying within the corporate east along the Franklin and Nash County ***** limits of the cities of Aberdeen and Amory. line to the point of beginning. Hamilton County. That portion of the Montgomery County. The entire county. New Hanover County. That area, bounded county bounded on the southwest by State Neshoba County. The entire county. by a line beginning at a point where the Highway 153, on the north by Chickamouga Newton County. The entire county. Northeast Cape Fear River intersects the Lake, on the east by the Volunteer Ordnance Noxubee County. Secs. 9, 16, and 21, T. 15 Pender-New Hanover County line; thence ex­ Works, and on the southeast by Interstate N..R.17E. tending southeast along said county line to 75. Oktibbeha County. Secs. 5 and 6, T. 19 N., the Intercoastal Waterway; thence southwest ***** «■ 12 E.; secs. 31 and 32, T. 20 N., R. 12 E.; along said waterway to its junction with the Lawrence County. That portion of Civil ®®°s. 1, 2, 3, 4, 9, 10, 11, and 12, T. 18 N., R. Cape Fear River; thence north along said District 9 south of Weakley Creek Road, Civil « and secs- 26. 26, 27, 28, 33, 34, 35, and river to its junction with the Northeast Cape District 10 south of Little Shoal Creek, Civil 36. T. 19 N., R. 14 E. Fear River; thence north and east along said District 5 north of Pond Creek and Coon County. 8%, T. 7 S., R. 7 W.; Ni/3 river to the point of beginning. Creek, and all of Civil Districts 8, 12, 13, 15, R°7W/3’ T’ 8 S-’ R' 7 W’’ and N^ ’ T' 9 S" ***** 16, and 17. Rowan County. The entire county. All of the incorporate city limits of Loretto, earl River County. The entire county. ***** and an area northwest and adjacent to the erry County. The entire county. city limits bounded by Loretto Branch and ke County. The entire county. Wake County. The entire county. Stillhouse Branch. ^ntotoc County. Secs. 10, 11, 14, and 15 ***** Lewis County. That portion of the city of 31 oo o11, 1 E’; SE1/4. T- 10 s -> R- 1 E-i secs H. In § 301.72-2a relating to the State Hohenwald north of Smith Street and Swan > 32, 33, and 34 T. 9 S„ R. 3 E.; and secs. 3 Avenue. *’5’ ^ 6, T. 10 S., R. 3 E. of North Carolina, under suppressive Lincoln County. That portion of Civil Dis­ S County- Secs- !. 12, 35, and 36, T. 6 area, the following county is added in trict 2 south of Coldwater Creek and that spl“ .8 ^ s . 9, 10, and 35, T. 4 S., R. 7 E.; alphabetical order as follows: portion of Civil District 19 south of Cold- t o n 3’ 4> 5> 8> 8. 10, 11, 14, 15, 16, 17, 20 water Creek and west of the Camargo- T sc’ 231 T< 6 S., R. 7 E.; secs. 6 and 7 North Carolina Kirkland-State Line road. i>6 S., R. 7E. * * * * * That portion of Civil District 17 south of County. The entire county. (2) Suppressive area. * * * State Highway 110. t County. The entire county. * * * * • County. The entire county. Pitt^County. That area is bounded by a line beginning at a point where State Sec­ Maury County. Civil District 5. That por­ 3 %ounty. The entire county. tion of Civil District 9 bounded on the north mn. e County. The entire county, ondary Road 1725 intersects State Highway 43; thence extending northeast along state by FAS Road 7993 and unnamed county road in» all T. 5 S., R. 7 W., includ- between State Highway 7 and FAS Road 6255, C^ldwateithe corporate limits of the city 01 Secondary Road 1725 to its junction with State Secondary Road 1726; thence southeast on the east by FAS Road 6255, on the south by Covey Hollow Road and McCain-Bigbyville County. The entire county. along said road to its intersection with State Secondary Road 1727; thence south along Road, and on the west by FAS Road 6201. secs^ro^ 0 County- Sec. 13, T. 4 S., R 9 E.; said road to its junction with State Second­ ***** 11 12 ’io9’ ,32, 3nd 33> T- 1 s -, R- 1° E-l secs ary Road 1700; thence South along said Rhea County. That portion of the city of SEU T n c14’ 23, 311(1 24> T - 3 S-« R - 1° E-! road to its intersection with State Secondary Spring City west of U.S. Highway 27. secs 7 10 S,> ?• 10 E- NE&, T. 7 S., R. 10 E.; Road 1774; thence east along said road to its Roane County. That portion of the county 30, and 21 19, T- 3 s -' R- n E-: secs. 19 junction with State Secondary Road 1744; bounded on the east by Little Emory River, and la a. 3 ®., R- 11 E.; and secs. 6, 7 thence south along said road to its junction J T- 7 s - B. 11 E. on the south by Emory River, on the west by with State Highway 43; thence northwest Bullard Branch, and on the north by the U ^ C*JH°Unty- Secs- 32 and 33, T. 4 S., R along said highway to its junction with State Morgan-Roane County line. Union r 1«8®0?’ 4 3113 5> 8- 5 s -> R- n W. Secondary Road 1745; thence south along Rutherford County. Civil District 18, and RralihnT7°rini^‘ Tlle entire county. said road to its junction with State Second­ that portion of Civil District 20 northeast of 1VanevlnCounty‘ 1716 entire county. ary Road 1746; thence west and south along U.S. Highway 41. rTen County. The entire county. said road to its junction with State Second­

No. 45. 3 FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4474 RULES AND REGULATIONS

Wayne County. The entire city of Clifton. dock Road (Route 620) at a point Just west Road; thence south on Birdneck Road to its That portion of the city of Waynesboro of Inverchapel Road; thence east and north junction with Bells Road; thence extending bounded on the north by U.S. Highway 64, on along Braddock Road to the point of begin­ northwestward along a projected line from the east by Green River, on the south by ning. said Junction to the south Lynnhaven Road Rocky Mill Branch, on the west by State That portion of the county bounded by a exit of the Virginia Beach Expressway; thence Highway 13. line beginning at a point where Leesburg west along the southside of said expressway

* * * * * Pike (State Route 7) intersects the Fairfax- to its intersection with South Plaza Trail; Falls Church County-City line; thence east thence southwest along South Plaza Trail to L. In § 301.72-2a relating to thealong said line to its junction with Fairfax- its Intersection with Old Forge Road; thence State of Virginia, the entire description Axlington County-City line; thence south­ westward along a projected line to the Junc­ for that State is changed to read as eastward along said line to its intersection tion of Holland Road and Edwin Drive; with Arlington Boulevard (U.S. Route 50); thence southwest along Edwin Drive to its follows: thence northwest along said boulevard to its intersection with Princess Anne Road; thence V irginia junction with Olin Drive; thence southwest northwestward along Princes Anne Road to (1) Generally infested area. along said drive to its junction with Munson its intersection with the eastern branch of City of Alexandria. That portion of the Hill Road; thence southeast along said road the Elizabeth River; thence west along the city bounded by a line beginning at a point to its intersection with Row Place; thence northern bank of said river branch to the where Duke Street (State Route 236) inter­ southwest along said road to its Junction with Norfolk City limits; thence northward along sects with the Alexandria-Fairfax City- Leesburg Pike (State Route 7); thence north­ the Norfolk City limits to the point of County line; thence extending southeast west along said route to the point of beginning. along Duke Street (State Route 236) to its beginning. That portion of the city bounded by a line Junction with the Potomac River; thence City of Falls Church. That portion of the beginning at a point where Virginia Beach- southlalong the west bank of said river to its city bounded by a line beginning at a point Norfolk city limits intersect with the Chesa­ junction with the Alexandria-Fairfax City- where West Marshall Street intersects the peake Bay; thence east and southeast along County line; thence west and north along Falls Church-Fairfax City-County . line; the southern boundary of the Chesapeake said line to the point of beginning. thence north along said street to its junction Bay to its Junction with Great Neck Point That portion of fhe city bounded by a with South Oak Street; thence northeast at the John Alesner Bridge; thence south to line beginning at a point where Oakcrest along said street and continuing along North its junction with Shore Drive (U.S. Route Drive intersects with the Alexandria-Arling­ Oak Street to its intersection with Lincoln 60); thence west along Shore Drive (U.S. ton City line; thence north and east along Avenue; thence eastward along said avenue Route 60) to its intersection with North­ said city line to its intersection with Mount and continuing along Fairfax Drive to its ampton Boulevard; thence southwest along Vernon Avenue; thence southeastward along intersection with Falls Church-Arlington said boulevard to its Junction with Shell said avenue to its intersection with Russell City line; thence southeastward along said Road; thenoe south and west along said road Road; thence southward along said road to line to its junction with Falls Church-Fairfax to its junction with Northampton Boulevard; its intersection with Monticello Boulevard; City-County line; thence west and north­ thence southwest along Northampton Boule­ thence westward along said boulevard and westward along said line to the point of vard to its intersection with the Virginia continuing on Summit Avenue to its inter­ beginning. Beach-Norfolk city limits; thence northward section with Oakcrest Drive; thence along City of Hampton. That portion of the city along said city limits to the point of begin­ said drive to the point of beginning. bounded by a line beginning at a point where ning. City of Arlington. That portion of the city Interstate 64 intersects with the Newport That portion of the city bounded by a line bounded by a line beginning at a point where News-Hampton city line; thence extending beginning at the Junction of John Alesner Wilson Boulevard intersects with the Arling- southeast along Interstate 64 to its junction Bridge and Great Neck Point; thence north ton-Fairfax City-County line; thence east with the Newport News Tunnel Connector and northeastward along the southern along said boulevard to its intersection with Road; thence west and south along said road boundary of the Chesapeake Bay to its inter­ Frederick Street; thence north along said to its intersection with the Hampton and section with the Seashore State Park; thence street to its intersection with Washington Newport News City line; thence south, west, south along the western boundary of Sea­ Boulevard; thence east and southward along and northward along said city line to the shore State Park to its intersection with said boulevard to its intersection with Inter­ point of beginning. Long Creek; thence southwest along the state 95; thence south along said interstate City of Newport News. That portion of the north bank of said creek to the point of highway to its junction with Arlington Ridge city bounded by a line beginning where beginning. Road; thence southward along said road to Museum Drive intersects with the James That portion of the city bounded by a line its intersection with Arlington-Alexandria River; thence extending north along Museum beginning at a point where the Eastern City line; thence west, southwest, and north­ Drive and continuing on J. Clyde Morris Branch of the Elizabeth River intersects the west along said line to its junction with Boulevard to its intersection with Interstate Virginia Beach-Chesapeake city limits and Arlington-Fairfax City-County line; thence 64; thence southeast along„Interstate 64 to extending eastward along the south bank of along said line to the point of beginning. its intersection with the Newport News- said river branch to a point mile east or Fairfax County. That portion of the county Hampton city line; thence west and south­ South Military Highway (UJ5. Route 13). bounded by a line beginning at a point where ward along said line to its intersection with thence extending along a line projected due Braddock Road (Route 620) intersects with Hampton Roads;~thence southwest along the south to Gammon Road; thence south onth® the Little River Turnpike (State Route 236); north boundary of Hampton Roads to its east side of said road to its Junction witn thence extending southeast along the Little Junction with the James River; thence north­ Indian River Road; thence northwest along River Turnpike (State Route 236) to its west along the eastern shore of the James said road to the Virginia Beach-Chesapeake Junction with the Alexandria-Fairfax City- River to the point of beginning. city limits; thence northward along saw County line; thence south and east along City of Norfolk. The entire city. city limits to the point of beginning. said line to its Junction with the Potomac City of Virginia Beach. That portion of the (2) Suppressive area. None. River; thence south and southwest along city bounded by a line beginning at a point (Secs. 8 and 9, 37 Stat. 318, as amended, sec. the west and north banks of said river to 500 feet north of the intersection of Virginia 106, 71 Stat. 33; 7 U.S.C. 161, 162, 150ee; M that body of water known as Gunston Cove; .Beach Boulevard (U.S. Route 58) and the F.R. 16210, as amended; 7 CFR 301.72-2) thence northwest along the north bank of Norfolk-Virginia Beach City limits; thence said cove to that body of water known as extending due east to the junction of Witch These amendments to the white- Pohick Bay; thence west along the north Duck Road and Lavender Lane; thence north­ inged beetle regulated area shall De­ bank of said bay to that body of water known east along Witch Duck Road to a drainage mie effective upon publication in tn as Pohick Creek; thence northwest along ditch approximately 500 feet north of Holla- ederal R egister (3-6-71). said creek to its intersection with Old Col­ day Road; thence east along said drainage The Director of the Plant chester Road (Route 611); thence southwest ditch to that body of water known as Thalia ivision has determined that infestano along Old Colchester Road to its intersection Creek; thence northeast along Thalia Creek with Gunston Hall Road (State Route 242); to that body of water known as Hebden Cove; : the white-fringed beetle exist or thence north and west along said road to its thence easterly along Hebden Cove; thence kely to exist in the civil divisions a Junction with U.S. Highway l*°and Gunston due east from said cove to the Lynnhaven arts of civil divisions listed above, _ Cove Road (Route 600); thence west and Methodist Church on Little Neck Road; lat it is necessary to regulate sucn i - north along Gunston Cove Road to its Junc­ thence southeast along said road to its junc­ ilities because of their Pr0^ " „ fnr tion with the northern entrance ramp of tion with Little Haven Road; thence east on tfestation or their inseparability Interstate 95; thence north along Interstate Little Haven Road to the Eastern Branch of tarantine enforcement purposes 95 to its intersection with Accotink Creek; Lynnhaven Bay; thence south along said ifested localities. The Director has iur hence north along said creek to its intersec­ branch and contiguous with London Bridge tion with Lake Accotink; thence west and Creek to its intersection with Virginia Beach 1er determined that each of the O north along the south and west shores of Boulevard (U.S. Route 58); thence east along ntined States is enforcing a Quarantine said lake and continuing north along Ac­ Virginia Beach Boulevard (U.S. Route 58 r regulation with restrictions oni cotink Creek to its intersection with Brad- and 58B) to its Intersection with Birdneck ;ate movement of the regulated art

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 RULES AND REGULATIONS 4475 substantially the same as the restrictions Conservation county committees have E ntire Counties on interstate movement of such articles determined with respect to the follow­ Cheyenne. Sheridan. imposed by the quarantine and regula­ ing counties and local producing areas Decatur. Sherman. tions in this subpart, and that designa­ that due to drought, flood, storm, Finney. Stanton. tion of less than the entire State as a freeze, disease, or insects, the actual Grant. Thomas. regulated area will otherwise be adequate Haskell. Wallace. yields of commercially recoverable Kearny. to prevent the interstate spread of the sugar from the acreages planted to sugar white-fringed beetle. Therefore, such beets on farms in each such county or (g) Maine. civil divisions and parts of civil divisions local producing area were below 80 per­ Entire Counties listed above are designated as white- cent of the applicable normal yields Aroostook. Piscataquis. fringed beetle regulated areas. Franklin. Somerset. The purpose of this revision is to add either for 10 percent or more of the Penobscot. number of «such farms or for 10 percent to the regulated areas all or parts of the (h) Michigan. following previously nonregulated coun­ or more of the total acres of sugar beets Entire Counties ties, parishes, or cities: Clay, Lawrence, planted on all farms in such county or Clinton. and Union Counties in Arkansas; Hamil­ local producing area. Lenawee. ton County in Florida; Appling, Carroll, Genesee. Monroe. (a) Arizona. Huron. Sanilac. Chatham, Columbia, Douglas, Haralson, Lapeer. Jenkins, Madison, Mitchell, Rockdale, Entire Counties I ndividual Loca: and Whitfield Counties in Georgia; Cochise. Pinal. , P roducing A reas Caddo, Grant, Iberville, and West Feli­ Maricopa. Yuma. COUNTIES AND AREAS ciana Parishes in Louisiana; Pitt and Pima. Arenac: Area 1. Rowan Counties in North Carolina; De­ (b) California. Bay: Beaver; Frankenlust; Hampton. catur, Giles, Hamilton, Lewis, Maury, Gratiot: Area 4. Rhea, Roane, Rutherford, and Wayne Entire Counties Saginaw: Area 1; Area 4; Richland. Counties in Tennessee; and the cities of Alameda. San Luis Obispo. Tuscola: Area 1; Area 2; Wisner. Arlington and Falls Church in Virginia. Amador. Santa Barbara. (i) Minnesota. The regulated area has been extended Butte. Santa Clara. in some previously regulated counties, Fresno. Solano. Entire C ounties parishes, and cities, and some areas were Glenn. Stanislaus. Faribault. Redwood. changed from suppressive to generally Kings. Sutter. Freeborn. Waseca. Merced. Tehama. Martin. Watonwan. infested areas. With this revision, the Monterey. Tulare. entire State o f Alabama is now under Riverside. Ventura. I ndividual Local P roducing Areas Federal regulation. Sacramento. Yolo. COUNTIES AND AREAS San Joaquin. This document imposes restrictions Clay: Area 1; Morken; Oakport; Viding. that are necessary in order to prevent I ndividual Local P roducing A reas Norman: Halstad. the spread of the white-fringed beetle West Polk: Area 1; Area 4. and should be made effective promptly COUNTIES AND AREAS (j ) Missouri. to accomplish its purpose in the public Colusa: Area 2; Area 3. interest. Accordingly, it is found upon Imperial: Area 1; Area 2 ; Area 3; Area 4; I ndividual Local P roducing Areas good cause under the administrative pro­ Area 5; Area 6; Area 7; T12S, R14E. Kern: Area 1; Area 2; Area 3; Area 8 ; Area 9. COUNTIES AND AREAS cedure provisions of 5 U.S.C. 553 that no­ Pemiscot: Little Prairie; Virginia, tice and other public procedure with re­ (c) Colorado. spect to the foregoing regulation are im­ (k) Montana. Entire Counties practicable and contrary to the public Entire Counties Adams. Mesa. interest, and good cause is found for Blaine. waking it effective less than 30 days af­ Arapahoe. Montrose,. Phillips. Baca. Morgan. Broadwater. Ravalli. ter publication in the F ederal R egister. Bent. Phillips. Carbon. Stillwater, Done at Hyattsville, Md., this 3d day Boulder. Prowers. Dawson. Treasure. of March 1971. Cheyenne. Pueblo. Crowley. I ndividual Local P roducing A reas J oseph F. Spears, Sedgwick. Kit Carson. Washington. counties and areas Acting Director, Larimer. Weld. Plant Protection Division. Logan. Richland: Area3; Area4. Yuma. Yellowstone: Area 1; Area 3; Area 4; Area 6. [FR Doc.71-3193 Filed 3-5-71;8:50 am] I ndividual Local Producing Areas (1) Nebraska. COUNTIES AND AREAS Entire Counties hapter VIII— Agricultural Stabiliza- Delta: Area 1; Area2. Otero: Area 1; Area 2. Chase. Keith. |ion and Conservation Service Cheyenne Lincoln. 'Sugar), Department of Agriculture (d) Idaho. Dawson. Morrill. Deuel. Perkins. SU;S A n ER F— DETERMINATION OF NORMAL Entire Counties Garden. Sioux. am i* AND EDIBILITY f o r ABANDONMENT Ada. Gooding. Kearney. ND cro p DEFICIENCY PAYMENTS Bannock. Jefferson. I ndividual L ocal Producing A reas [Supp.13] Bingham. Jerome. Blaine. Lincoln. counties and areas part 842— BEET SUGAR AREA Bonneville. Madison. Box Butte: Area 1; Area 3; Area 4; T26N, Canyon. Approved Local Areas for 1969 Crop Minidoka. R50W. Caribou. Oneida. Scotts Bluff: Area 3; T22N, R52W; T22N, 30o^fS'!an^ to the provisions of section Cassia. Owyhee. R55W. Elmore. Payette. 5 8do 1 • ®ugar Act of 1948, as amended, Franklin. Power. (m) New Jersey. • 5 is added to read as follows: Fremont. Twin Falls. Entire Counties Gem. ^i*Q£n Approved local areas for the Washington, Burlington. 1969 crop. (e) Iowa. (n) . * ur purposes of considering eligibility Entire C ounties Entire Counties Z abandonment and crop deficiency Cerro Gordo. Mitchell. Curry. Union. Juments on 1969-crop sugar beets, the Kossuth. Hidalgo. -ive Agricultural Stabilization and (f) Kansas. (o) New York.

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4476 RULES AND REGULATIONS

E ntire Counties tion Committee determines that certain the current week, after giving due notice Livingston Oswego. uncontrollable natural conditions have thereof, to consider supply and market Madison. Seneca. caused a prescribed amount of damage conditions for lemons and the need for Onondaga. Wayne. to the sugar beet crop. regulation; interested persons were Ontario. Yates. The purpose of this supplement is to afforded an opportunity to submit infor-j Orleans. give notice that specific counties and mation and views at this meeting; the I ndividual L ocal P roducing Areas local producing areas have qualified recommendation and supporting infor­ mation for regulation during the period COUNTY AND AREAS under the requirements with respect to the 1969 crop of sugar beets and that any specified herein were promptly submitted Cayuga: Area 1; Area 2. sugar beet producer operating a farm to the Department after such meeting (p) North Dakota. which is located in any one of these was held; the provisions of this section, counties or local producing areas and including its effective time, are identical Entire C ounties which is otherwise qualified may apply with the aforesaid recommendation of Kidder. McKenzie. for payment accordingly, if he has not the committee, and information con­ I ndividual L ocal Producing A reas already done so. cerning such provisions and effective time has been disseminated among han­ counties and areas (Secs. 303, 403, 61 Stat. 930 as amended, 932; 7D.S.C. 1133, 1153) dlers of such lemons; it is necessary, in Cass: Area 1; Area 2; Area 4; Gunkel. order to effectuate the declared policy of Pembina: Area 1; Area 2; Area 3; Pembina. Effective date : Date of publication the act, to make this section effective] Richland: Area 2. (3-6-71). during the period herein specified; and Walsh: St. Andrews. Signed at Washington, D.C., on March compliance-with this section will not re­ (q) Ohio. 1,1971. quire any special preparation on the part of persons subject hereto which cannot Entire Counties Chas M. Cox, Acting Deputy Administrator, be completed on or before the effective] Erie. Lucas. date hereof. Such committee meeting State and County Operations. Pulton. Ottawa. was held on March 2,1971. Hancock. Sandusky. [PR Doc.71-3150 Filed 3-5-71;8:47 am] Henry. Wood. (b) Order. (1) The respective quan­ tities of lemons grown in California and I ndividual Local Producing Areas Arizona which may be handled during counties and areas Chapter IX— Consumer and Market­ the period March 7, through March 13, Putnam: Area 1; Area 2; Area 3; Liberty; ing Service (Marketing Agreements 1971, are hereby fixed as follows: Blanchard. and Orders; Fruits, Vegetables, (1) District 1: 20,000 Cartons; Seneca: Pleasant. Nuts), Department of Agriculture (ii) District 2: 205,000 Cartons; (iii) District 3: Unlimited. (r) Oregon. [Lemon Reg. 470] (2) As used in this section, “handled," Entire Cou nty PART 910— LEMONS GROWN IN “ District 1,” “ District 2,” “District 3," Malheur. CALIFORNIA AND ARIZONA and “ carton” have the same meaning as when used in the said amended market­ (s) Texas. Limitation of Handling ing agreement and order. Entire Counties § 910.770 Lemon Regulation 470. (Secs. 1-19, 48 Stat. 31 as amended; 7 U.S.C. Bailey. Moore. 601-674) Castro. Oldham. (a) Findings. (1) Pursuant to the Dallam. Parmer. marketing agreement, as amended, and Dated: Marché, 1971. Deaf Smith. Potter. Order No. 910, as amended (7 CFR Part F loyd F. Hedlund, Ployd. Randall. 910) , regulating the handling of lemons Director, Fruit and Vegetable Hale. Sherman. grown in California and Arizona, effec­ Division, Consumer and Mar­ Hartley. tive under the applicable provisions of keting Service. (t) Utah. the Agricultural Marketing Agreement [FR Doc.71-3239 Piled 3-5-71;8:52 am] Act of 1937, as amended (7 U.S.C. 601- Entire Counties 674), and upon the basis of the recom­ [Grapefruit Reg. 78] Box Elder. Millard. mendations and information submitted Cache. Sanpete. by the Lemon Administrative Commit­ Davis. Sevier. PART 912— GRAPEFRUIT GROWN IN Iron. Weber. tee, established under the said amended THE INDIAN RIVER DISTRICT IN marketing ,agreement and order, and Individual Local Producing Areas upon other available information, it is FLORIDA COUNTIES AND AREAS hereby found that the limitation of han­ Limitation of Handling dling of such lemons, as hereinafter pro­ Salt Lake: Area 1. § 912.378 Grapefruit Regulation 78. Utah: Area3. vided, will tend to effectuáte the de­ clared policy of the act. (a) Findings. (1) Pursuant to the (u) Washington. (2) It is hereby further found that itmarketing agreement, as amended, , Entire Counties is impracticable and contrary to the pub­ Order No. 912, as amended (7 CFR Pa Benton. Walla Walla. lic interest to give preliminary notice, 912), regulating the handling P , Grant. Yakima. engage in public rule-making procedure, fruit grown in the Indian River D) (v) Wyoming. and postpone the effective date of this in Florida, effective under the aEP“®® section until 30 days after publication provisions of the Agricultural Mar E ntire Counties hereof in the F ederal R egister (5 U.S.C. Agreement Act of 1937, as amend Converse. Niobrara. 553) because the time intervening U.S.C. 601-674), and upon the Goshen. Platte. between the date when information upon the recommendations and inform Laramie. which this section is based became avail­ submitted by the Indian River G Statement of Bases and Considera­ able and the time when this section must fruit Committee, established unde tions. One of the conditions of eligibil­ become effective in order to effectuate said amended marketing agreement ity of a sugar beet producer for an the declared policy of the act is insuffi­ order, and upon other available acreage abandonment or crop deficiency cient, and a reasonable time is permitted, mation, it is hereby found that th under the circumstances, for preparation tation of handling of such grapef payment is that the farm of such pro­ for such effective time; and good cause hereinafter provided, will tend to e ducer is located in a county or local pro­ exists for making the provisions hereof ate the declared policy of the act. ducing area for which the county effective as hereinafter set forth. The (2) It is hereby further found that Agricultural Stabilization and Conserva­ committee held an open meeting during is impracticable and contrary

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 RULES AND REGULATIONS 4477 public interest to give preliminary notice, Florida, effective under the applicable pa r t 914— ORANGES GROWN IN engage in public rule-making procedure, provisions of the Agricultural Marketing THE INTERIOR DISTRICT IN FLORIDA and postpone the effective date of this Agreement Act of 1937, as amended (7 section until 30 days after publication U.S.C. 601-674), and upon the basis of Expenses and Rate of Assessment hereof in the Federal R egister (5 U.S.C, the recommendations and information On February 19, 1971, notice of rule 553) because the time intervening be­ submitted by the Interior Grapefruit making was published in the F ederal Marketing Committee, established un­ tween the date when information upon R egister (36 F.R. 3199) regarding pro­ which this section is based became avail­ der said marketing agreement and or­ posed expenses and the related rate of able and the time when this section must der, and upon other available informa­ assessment for the initial fiscal period tion, it is hereby found that the limita­ become effective in order to effectuate the beginning November 29, 1970, and end­ declared policy of the act is insufficient, tion of handling of such grapefruit, as ing July 31,1971, pursuant to the market­ and a reasonable time is permitted, under hereinafter provided, will tend to effec­ ing agreement and Order No. 914 (7 the circumstances, for preparation for tuate the declared policy of the act. CFR Part 914, 35 F.R. 17169), regulating such effective time; and good cause (2) It is hereby further found thatthe handling of oranges grown in the exists for making the provisions hereof it is impracticable and contrary to the Interior District in Florida. No written effective as hereinafter set forth. The public interest to give preliminary notice, data, views, or arguments were filed with committee held an open meeting dur­ engage in public rule-making procedure, respect to said proposals during the ing the current week, after giving due and postpone the effective date of this period specified therefor in the notice. notice thereof, to consider supply and section until 30 days after publication This regulatory program is effective market conditions for Indian River hereof in the F ederal R egister (5 U.S.C. under the Agricultural Marketing Agree­ grapefruit, and the need for regulation; 553) because the time intervening be­ ment Act of 1937, as amended (7 U.S.C. interested persons were afforded an op­ tween the date when information upon 601-674). After consideration of all rele­ portunity to submit information and which this section is based became avail­ vant matters presented, including the views at this meeting; the recommenda­ able and the time when this section must proposals set forth in such notice which tion and supporting information for reg­ become effective in order to effectuate ulation during the period specified herein the declared policy of the act is insuf­ were submitted by the Interior Orange were promptly submitted to the Depart­ ficient, and a reasonable time is permit­ Marketing Committee (established pur­ ment after such meeting was held; the ted, under the circumstances, for prep­ suant to said marketing agreement and provisions of this section, including its aration for such effective time ; and order), it is hereby found and determined effective time; are identical with the good cause exists for making the pro­ that: aforesaid recommendation of the com­ visions hereof effective as hereinafter mittee, and information concerning such set forth. The committee held an open § 914.201 Expenses and rale of assess­ provisions and effective time has been meeting during the current week, after ment. disseminated among handlers of such giving due notice thereof, to consider (a) Expenses: Expenses that are rea­ Indian River grapefruit; it is necessary, supply and market conditions for In­ sonable and likely to be incurred by the to effectuate the declared policy terior grapefruit, and the need for reg­ m order Interior Orange Marketing Committee of the act, to make this section effective ulation; interested persons were afforded duing the period herein specified; and an opportunity to submit information during the initial fiscal period Novem­ compliance with this section will not and views at this meeting; the recom­ ber 29, 1970, through July 31, 1971, will require any special preparation on the mendation and supporting information amount to $28,000. part of persons subject hereto which for regulation during the period specified (b) Rate of assessment: The rate of cannot be completed oh or before the herein were promptly submitted to the assessment for said period, payable by effective date hereof. Such committee Department after such meeting was held; meeting was held on March 4, 1971. the provisions of this section, including each handler in accordance with § 914.31, (b) Order, (l) The quantity of grape- its effective time, are identical with the is fixed at $0,004 per standard packed “ jut grown in the Indian River District aforesaid recommendation of the com­ box of oranges. which may be handled during the period mittee; and information concerning such (c) Terms used in the marketing March 8, 1971, through March 14, 1971, provisions and effective time has been agreement and order shall, when used “ ,hereby Axed at 212,500 standard disseminated among handlers of such herein, have the same meaning as is Packed boxes. Interior grapefruit; it is necessary, in given to the respective term in said " w As Us.e<* this section, “handled,” order to effectuate the declared policy River District,” “grapefruit,” of the act, to make this section effective marketing agreement and order. sam S^an(^rd packed box” have the during the period herein specified; and It is hereby further found that good am ,meanin£ as when used in said compliance with this section will not re­ cause exists for not postponing the effec­ order ^ marketing agreement and quire any special preparation on the part tive date hereof until 30 days after publi­ of persons subject hereto which cannot cation in the F ederal R egister (5 U.S.C. be completed on or before the effective COi-674)^9’ 48 stat- 3*> as amended; 7 U.S.C. date hereof. Such committee meeting 553) in that (1) shipments of oranges was held on March 4,1971. are now being made, (2) the relevant Dated; March 5,1971. (b) Order. (1) The quantity of grape­provisions of said marketing agreement F loyd F. H edlund, fruit grown in the Interior District and this part require that the rate of Director, Fruit and Vegetable which may be handled during the period assessment herein fixed shall be applica­ March 8, 1971, through March 14, 1971, Division, Consumer and Mar­ ble to all assessable oranges handled keting Service. is hereby fixed at 212,500 standard packed boxes. during the aforesaid period, and (3) such tPR Doc-7l-3308 Filed 3-5-71; 11:36 am] (2) As used in this section, “handled,” period began on November 29, 1970, and “Interior District,” “grapefruit,” and said rate of assessment will automatically [Grapefruit Beg. 46] “standard packed box” have the same apply to all such oranges beginning with iiJ T,k913— GRApEFRU!T GROWN IN meaning as when used in said market­ such date. ing agreement and order. INTERIOR DISTRICT IN FLORIDA (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (Secs. 1—19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) Limitation of Handling 601-674) 13.346 Grapefruit Regulation 46. Dated: March 5,1971. Dated: March 3, 1971. markpf^n^infl,s’ Pursuant to the F loyd F. H edlund, Floyd F. H edlund, Director, Fruit and Vegetable Ordpr m g asreement, as amended, and Director, Fruit and Vegetable 913) vo'-,91?’ ** amended (7 CFR Part Division, Consumer and Mar­ Division, Consumer and Mar­ fruit’ egulatmg the haridling of grape- keting Service. keting Service. grown in the Interior District in [FR Doc.71-3307 Filed 3-3-71; 11:35 am] [FR Doc.71-3194 Filed 3-5-71;8:50 am]

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4478 RULES AND REGULATIONS

should be made effective promptly in Title 9— ANIMALS AND order to prevent the spread of hog chol­ Title 14—AERONAUTICS AND era. It does not appear that public par­ ANIMAL PRODUCTS ticipation in this rule making proceed­ ing would make additional information SPACE Chapter 1-^—Agricultural Research available to this Department. Accord­ Chapter I— Federal Aviation Admin* Service, Department of Agriculture ingly, under the administrative proced­ istration, Department of Transpor­ ure provisions in 5 U.S.C. 553, it is found SUBCHAPTER C— INTERSTATE TRANSPORTATION upon good cause that notice and other tation OF ANIMALS AND POULTRY public procedure with respect to the SUBCHAPTER C— AIRCRAFT [Docket No. 71-524] «amendment are impracticable and [Airworthiness Docket No. 71-SW-l, Arndt, unnecessary, and good cause is found for 39-1164] PART 76— HOG CHOLERA AND making it effective less than 30 days OTHER COMMUNICABLE SWINE after publication in the F ederal PART 39—-AIRWORTHINESS DISEASES R egister. DIRECTIVES Areas Quarantined Done at Washington, D.C., this 2d day Aerostar Models 600 and 601 of March 1971. Pursuant to provisions of the Act of Airplanes G eorge W. I rving, Jr., May 29, 1884, as amended, the Act of A proposal to amend Part 39 of the February 2, 1903, as amended, the Act of Administrator, Federal Aviation Regulations to include March 3, 1905, as amended, the Act of Agricultural Research Service. an airworthiness directive requiring September 6, 1961, and the Act of July 2, [FR Doc.71-3149 Filed 3-5-71;8:46 am] modifications to the main landing gear to 1962 (21 U.S.C. 111-113, 114g, 115, assure adequate strength on Aerostar 117, 120, 121, 123-126, 134b, 134f), Part Model 600 and 601 airplanes was pub­ 76, Title 9, Code of Federal Regulations, lished in 36 F.R. 931. restricting the interstate movement of Title 12— RANKS AND RANKING Interested persons have been afforded swine and certain products because of Chapter I— Bureau of the Comptroller an opportunity to participate in the mak­ hog cholera and other communicable ing of the amendment. No comments swine diseases, is hereby amended in the of the Currency, Department of the were received. following respects: Treasury In consideration of the foregoing, and In § 76.2, the reference to the State PART 18— FORM AND CONTENT OF pursuant to the authority delegated to of Minnesota in the introductory portion me by the Administrator (31 F.R. 13697), of paragraph (e) and paragraph (e) (4) FINANCIAL STATEMENTS § 39.13 of Part 39 of the Federal Avia­ relating to the State of Minnesota are Consolidated Statements tion Regulations is amended by adding deleted, and paragraph (f) is amended the following new airworthiness direc­ by adding thereto the name of the State Part 18, Chapter I, Title 12 of the Code tive: of Minnesota. of Federal Regulations, is amended by revising paragraph (e), adding a new Aerostar. Applies to Models 600 and 601. Se­ (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, rial numbers 60-0001 through 60-0056 ana 2, 32 Stat. 791-792, as amended, secs. 1-4, 33 paragraph (f), and redesignating exist­ 61-0001 through 61-0070. Stat. 1264, 1265, as amended, sec. 1, 75 Stat. ing paragraph (f) as (g) in § 18.4. These amendments are issued under authority Compliance required within the next 1 481, secs. 3 and 11, 76 Stat. 130, 132; 21 U.S.C. hours time in service after the effective typ€ Insofar as it imposes restrictions it [FR Doc.71-3180 Filed 3-5-71;8:49 am] develop in other engines of the s

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 RULES AND REGULATIONS 4479 design, an Airworthiness Directive is with AiResearch Model TPE331-1, -2 ,‘ -25, 2. Limit the use of reworked cylinders to being issued to require a repetitive 50- -29, -43, -45, -47, -49, -51, -55, -57, -61, and those aircraft operating below or at a max­ hour oil filter inspection. In addition, a -71 series engines to Include a cautionary imum of 55,000 pounds takeoff gross weight. note to read as follows: If any cylinder reworked per (b) above is revision to the Airplane Flight Manuals “If sudden loss or significant fluctuation Installed in any aircraft converted to turbo­ is required to advise the pilot to shut of torque pressure indication occurs, "the propeller power in accordance with STC SA4- down the engine if torque fluctuation or engine should bè promptly shut down and 1100 (known as Model 580), install a placard loss of torque pressure occurs. the cause determined before further opera­ in only those aircraft previously approved The agency has previously adopted tion.” for operating weights above 55,000 pounds, Amendment 39-1082 (35 F.R. 14692), AD and in full view of the pilot, which reads as This amendment becomes effective on follows: “Maximum takeoff gross weight 70-19-2, to provide for an engine oil March 9, 1971. sample analysis and oil filter inspection 55,000 lbs.” (Secs. 313(a), 601, and 603, Federal Aviation 3. Repeat (a) above at intervals of 1,000 on-1 and -2 engines to detect impending hours’ time in service from the last pinion bearing failure due to premature Act of 1958, 49 U.S.C. 1354(a), 1421, and 1423, sec. 6 (c), Department of Transportation Act, inspection. wear of the bearings. AD 70-19-2 is not 49 U.S.C. 1655(c) )» (d) If no cracks are found as a result of being amended at this time, as premature the inspection required by (a) above and it wear of the pinion bearings has not been Issued in Los Angeles, Calif., on Febru­ is definitely determined that a cylinder has noted on the -25 series engines. ary 24, 1971. less than 14,000 hours’ time in service, re­ Since a situation exists that requires Lee E. W arren, peat (a) above, before 15,000 hours’ time in immediate adoption of this regulation, it Acting Director, service have been accumulated. FAA Western Region. (e) If no cracks are found as a result of is found that notice and public procedure the inspection required by (a) or (d) above, hereon are impracticable and good cause [FR Doc.71-3161 Filed 3-5-71; 8:47 am] and a cylinder is considered to have more exists for making this amendment effec­ than 14,000 hours’ time In service, repeat (a) tive in less than 30 days. above at intervals of 1,000 hours’ time in In consideration of the foregoing, and [Airworthiness Docket No. 71-WE-2-AD; service from the last inspection. pursuant to the authority delegated to me Arndt. 39-1165] This amendment becomes effective by the Administrator (31 F.R. 13697), PART 39— AIRWORTHINESS § 39.13 of Part 39 of the Federal Aviation March 9, 1971. Regulations is amended by adding the DIRECTIVES (Secs. 313(a), 601, and 603, Federal Aviation following Airworthiness Directive: Act of 1958, 49 U.S.C. 1354(a), 1421, and General Dynamics Model 340, 440, 1423, sec. 6 (c), Department of Transporta­ AiRe search . The AiResearch Manufacturing and C-131E Airplanes, Including tion Act, 49 U.S.C. 1655(c)) Co. of Arizona. Applies to Turbopropeller Engines Models TPE331-1, -2, -25, -29, -43, Those Airplanes Converted to Issued in Los Angeles, Calif, on Feb­ -45, -47, -49, -51, -55, -57. -61, and -71, in­ Turbopropeller Power ruary 24,1971. stalled in, but not limited to the Mitsubishi Lee E. W arren, MU-2, Swearingen Merlin 2B, Volpar Tur­ Amendment 39-1145 (36 F.R. 904), AD boliner, and Short Skyvan Aircraft. 71-2-3, requires inspection of the main Acting Director, Compliance required as indicated. landing gear cylinders for cracks and FAA, Western Region. To prevent possible failure of the high- rework or replacement as necessary on [FR Doc.71-3160 Filed 3-5-71;8:47 am] pinion assembly, accomplish the General Dynamics 340, 440, and C-131E following: Airplanes including those converted to (a) Within 50 hours’ time in service after turbopropeller power. After issuing SUBCHAPTER E— AIRSPACE be effective date of this AD, unless already Amendment 39-1145, the agency deter­ [Airspace Docket No. 71-SO-4] «ceomplished, and at intervals not to exceed mined that crack susceptibility is pri­ ° hours’ time in service thereafter, perform PART 71— DESIGNATION OF FEDERAL avisual inspection of the engine oil filter in marily age dependent and that gear accordance with AiResearch Service Bulletin cylinders, after reaching a safe-life AIRWAYS, AREA LOW ROUTES, lat p sion dated February 10, 1971. or threshold, require periodic inspections. CONTROLLED AIRSPACE, AND RE­ er FAA-approved revision, or an equivalent Therefore, the AD is being amended to: PORTING POINTS nspection approved by the Chief, Aircraft (1) Establish limitations for reworked “ ginwring Division, FAA Western Region. cylinders; (2) require additional inspec­ Alteration of Control Zone and Hit ( excessive oil contamination in the tions every 1,000 hours’ time in service b-fAr 1S found, the cause must be determined Transition Area Qi ,re further flight by AiResearch or other from the time at which the 15,000 hours’ ^A-approved facility. time in service inspection was accom­ On January 28, 1971, a notice of pro­ posed rule making was published in the enltn T^e in^ervals between the prescribed plished; and (3) delay the requirement oil filter inspections may be increased for additional repetitive inspections of F ederal R egister (36 F.R. 1358), stating contin a suitable means of checking the main landing gear cylinders for that the Federal Aviation Administra­ vidert i • of tbe engihe chip detector is pro- cracks until after a total of 15,000 hours’ tion was considering an amendment to n jorordance with AiResearch Service time in service has accrued. Part 71 of the Federal Aviation Regula­ later ipaa*0- 647’ dated February 10, 1971, or Since a situation exists that requires tions that would alter the Nashville, &Dnm„i!rVapProved revision, or by a means immediate adoption of this regulation, it Term., control zone and transition area. DivteinJ* i?y tbe Chief, Aircraft Engineering Interested persons were afforded an ‘Vision,ia, ' FAA Western western Jtxegion. is found that notice and public procedure opportunity to participate in the rule be Jo,,-filaria * detector— vvyvyi wllvlJJLU1continuity v y UllCUXk.check must IllU ttb hereon are impracticable and good cause v daw after the last engine shutdown of exists for making this amendment effec­ making through the submission of com­ next flight 6ngine operation, or prior to the tive in less than 30 days. ments. All comments received were fa­ In consideration of the foregoing, and vorable except those submitted by the CailQOM.i,I

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4480 RULES AND REGULATIONS with AL-282 LOC(BC)RWY 2OR Instru­ [Airspace Docket No. 71-SO-22] In consideration of the foregoing, Part ment Approach Procedure. At this loca­ PART 71— DESIGNATION OF FEDERAL 71 of the Federal Aviation Regulations tion, current criteria permit a control is amended, effective 0901 Gm.t., April zone extension of 1 mile each side of AIRWAYS, AREA LOW ROUTES, 29, 1971, as hereinafter set forth. the localizer course, expanding uni­ CONTROLLED AIRSPACE, AND RE­ (1) In § 71.171 (36 F.R. 2055), the formly to 3 miles each side at a point 13 PORTING POINTS Walnut Ridge, Ark., control zone is miles north of the localizer. amended by substituting “3 miles” for In view of the foregoing, the proposal Alteration of Control Zone "2 miles” in the second line and “8.5 to include Cornelia Fort Airpark in the The purpose of this amendment to miles” for ” 8 miles” in the third line. Nashville control zone is hot required Part 71 of the Federal Aviation Regula­ (2) In § 71.181 (36 F.R. 2140), the and is hereby withdrawn. This with­ tions is to alter the Anniston, Ala., con­ Walnut Ridge, Ark., transition area is drawal results in a reduction of con­ trol zone. amended to read: trolled airspace designation. The Anniston control zone is described Walnut R idge, Ark. Subsequent to publication of the notice, in § 71.171 (36 F.R. 2055). That -airspace extending upward from 700 the instrument approach procedure to A proposed ILS 5 Instrument feet above the surface within a 6.5-mile Smyrna Airport was revised by raising Approach Procedure to Anniston-Cal- radius of the Walnut Ridge Municipal Air* the holding pattern altitude from 2,500 houn County Airport requires a control port (lat. 36°07'30" N., long. 90°55'25" W.); to 3,000 feet MSL. This revision permits a zone extension predicated on the ILS within 3 miles each side of the Walnut Ridge reduction of 5.5 miles in width and 14 localizer southwest course 2 miles in VORTAC 244* radial extending from the 6.5- width and extending from the basic mile-radius area to 8.5 miles southwest of miles in length to the transition area ex­ the VORTAC; and within a 5-mile radius of tension predicated on Nashville VORTAC 5-mile radius zone to the outer marker. the Pocahontas Municipal Airport (lat. 36*- 131° radial. Since these amendments are This extension , results in an additional 14'40" N„ long. 90*56'45'' W.). less restrictive in nature, notice and pub­ iy 2 square miles of controlled airspace. It is necessary to alter the control zone (Sec. 307(a), Federal Aviation Act of 1958, lic procedure hereon are unnecessary and 49 U.S.C. 1348; sec. 6 (c), Department of action is taken herein to amend the de­ description to reflect this change. Since Transportation Act, 49 U.S.C. 1655(c)). scriptions accordingly. this amendment is minor in nature, no­ In consideration of the foregoing, Part tice and public procedure hereon are un­ Issued in Fort Worth, Tex., on Feb­ 71 of the Federal Aviation Regulations is necessary and action is taken herein to ruary 25, 1971. amended, effective 0901 G.m.t., April 29, alter the description accordingly. R . V. R eynolds, 1971, as hereinafter set forth. In consideration of the foregoing, Part Acting Director, Southwest Region. In § 71.171 (36 F.R. 2055), the Nash­ 71 of the Federal Aviation Regulations is [FR Doc.71-3164 Filed 3-5-71;8:48 ami ville, Tenn., control zone is amended to amended, effective 0901 G.m.t., April 15, 1971, as hereinafter set forth. read: [Airspace Docket No. 70-WK-96J Nashville, T enn. In § 71.171 (36 F.R. 2055), the Annis­ Within a 5-mile radius of Nashville Metro­ ton, Ala., control zone is amended as PART 71— DESIGNATION OF FEDERAL politan Airport (lat. 36®07'36'' N., long. 86®- follows: “ * * * Anniston VOR 085° radial, AIRWAYS, AREA LOW ROUTES, 40'59" W .); within 1 mile each side, expand­ extending from the 5-mile radius zone to CONTROLLED AIRSPACE, AND RE­ ing to 3 miles each side of the ILS localizer the VOR * * is deleted and “ * * * An­ north course, extending from the 5-mile niston VOR 085° radial, extending from PORTING POINTS radius zone to 13 miles north of the localizer; the 5-mile radius zone to the VOR; Alteration of Transition Area within 3 miles each side of Nashville VOR within 1 mile each side of the ILS local­ TAC 103° radial, extending from the 5-mile izer SW course, extending from the On January 21, 1971, a notice of pro­ radius zone to 8.5 miles east of the VORTAC; posed rule making was published in tne within 1.5 miles each side of the ILS local­ 5-mile radius zone to the OM * * is F ederal R egister (36 F.R. 995) statin? izer south course, extending from the 5-mile substituted therefor. radius zone to the LOM; excluding the por­ that the Federal Aviation Administration (Sec. 307(a), Federal Aviation Act of 1958, was considering an amendment to Fart tion within a 1-mile radius of Cornelia Fort 49 U.S.C. 1348(a), sec. 6 (c), Department of Airpark (lat. 36°11'45" N., long. 86°42'00'' Transportation Act, 49 U.S.C. 1655 (c )) 71 of the Federal Aviation Regulations W.) Monday through Friday, except Federal that would alter the description of u* legal holidays. Issued in East Point, Ga., on Febru­ Elko, Nev., transition area. ary 24,1971. In § 71.181 (36 F.R. 2140), the Nash­ Interested persons were given 30 am in which to submit written communis, ville, Tenn., transition area is amended G ordon A. W illiams, Jr., Acting Director, Southern Region. suggestions, or objections. No objectio to read: have been received and the prop®, Nashville, T enn. [FR Doc.71-3163 Filed 3-5-71;8:48 am] amendment is hereby adopted subject That airspace extending upward from 700 the following change. . feet above the surface within a 14-mile [Airspace Docket No. 70-SW—59] Delete the Federal R egister citanou radius of Nashville Metropolitan Airport (lat...... §71.181 (35 F.R. 2134) 86’ 07'36" N., long. 86°40'59" W .); within 9.5 PART 71— DESIGNATION OF FEDERAL miles east and 4.5 miles west of the ILS lo­ and substitute “ * * * § 71.181 (36 calizer north course, extending from the 14- AIRWAYS, AREA LOW ROUTES, 2140) * * *” therefor. mile radius area to 23 miles north of the lo­ CONTROLLED AIRSPACE, AND RE­ Effective'date. This amendment shall calizer; within 9.5 miles north and 4.5 miles PORTING POINTS south of Nashville VORTAC 103° radial, ex­ be effective 0901 G.m.t., April 29, l tending from the 14-mile radius area to 18.5 Alteration of Control Zone and (Sec. 307(a), Federal Aviation Act miles east of the VORTAC; within an 8.5- amended, 49 U.S.C. 1348(a); * * * ■ 7 “'nS.Cl mile radius of Smyrna Airport (lat. 36®- Transition Area partment of Transportation Act, l 00'33" N., long. 86°31'13" W.); within 3 The purpose of this amendment to 1655(c)) miles each side of Nashville VORTAC 131° Part 71 of the Federal Aviation Regula­ radial, extending from the 8.5-mile radius Issued in Los Angeles, Calif., on Febru area to 21.5 miles southeast of the VORTAC; tions is to alter controlled airspace in within an 8-mile radius of Gallatin Munici­ the Walnut Ridge, Ark., terminal area. a ry 2 6 ’ 197L LEE E. warren, pal Airport (lat. 36*22'45" N., long. On October 22, 1970, a notice of pro­ Acting Director, Western Region. 86°24'30'' W .). posed rule making was published in the In § 71.181 (36 F.R. 2140) the descrip­ (Sec. 307(a), Federal Aviation Act of 1958, F ederal R egister (35 F.R. 16480) stat­ 49 U.S.C. 1348(a), sec. 6 (c), Department of ing the Federal Aviation Administration tion of the Elko, Nev., transition are Transportation Act, 49 U.S.C. 1655(c)) proposed to alter controlled airspace in amended to read as follows: the Walnut Ridge, Ark., terminal area. Issued in East Point, Ga., on Febru­ Elko, Nev. ary 24, 1971. Interested persons were afforded an opportunity to participate in the rule That airspace extending upw^ d^ ^ e a s t G ordon A. W illiams, Jr., making through submission of com­ feet above the surface vrithin • _ Acting Director, Southern Region. ments. All comments received were and 9 miles west of Elko VORTA ^ [FR Doc.71-3162 Filed 3-5-71;8:48 am] favorable. radial, extending from the VO

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 RULES AND REGULATIONS 4481 miles south of the VORTAC; and that air­ Hemlock INT, Mich., via E alter.; Iron Moun­ Medina INT, Tex., via S alter.; San Antonio, space upward from 1,200 feet above the sur­ tain, Mich., VOR via E alter.; *3,000. Tex., VOR via S alter.; *3,700. *3,200— face bounded by an arc of a 17-mile-radius *2,800—MOCA. MOCA. circle centered on the Elko VORTAC ex­ Section 95.6069 VOR Federal airway 69 tending clockwise from the 091° to the 258° Section 95.6010 VOR Federal airway 10 radial of the Elko VORTAC, and that air­ is amended to read in part: is amended to read in part : space bounded on the northwest and north Bradford, HI.; VOR; Triumph INT, 111.; Walnut Ridge, Ark., VOR; Leeper INT, Mo.; by V6, on the southeast by V465 and on the *2,700. *2,100—MOCA. 2.900. *5,000—MRA. south by V32. Leeper INT, Mo.; Farmingham, Mo., VOR; Section 95.6012 VOR Federal airway 12 2.900. [FRDoc.71-3165 Filed 3-5-71;8:48 am] is amended to read in part: Section 95.6071 VOR Federal airway 71 Blue Springs, Mo., VOR; Oak Grove INT, is amended to read in part : SUBCHAPTER F— AIR TRAFFIC AND GENERAL Md.; *2,600. *2,000—MOCA. OPERATING RULES Oak Grove INT, Mo.; ‘ Odessa INT, Mo.; Sparkman INT, Ark.; Caney INT,.Ark.; *4,000. *2,600. *2,200—MOCA. *1,400—MOCA. [Reg. Docket No. 10881; Arndt. 95-204] Caney INT, Ark.; Hot Springs, Ark., VOR; Section 9^,6013 VOR Federal airway 13 2,500. PART 95— IFR ALTITUDES is amended to read in part: New Market INT, Mo.; Rushville INT, Mo.; Miscellaneous Amendments Ankeny INT, Iowa; Nevada INT, Iowa; 4,000. *2,700. *2,200—MOCA. Nashville INT, Mo.; »Deerfield INT, Mo.; Rushville INT, Mo.; Huron INT, Kans.; *2,600. The purpose of this amendment to **2,700. *3,000—MRA. **2,000—MOCA. *2,100—MOCA. Part 95 of the Federal Aviation Regula­ Deerfield INT, Mo.; Butler, Mo., VOR; *2,600. Section 95.6074 VOR Federal airway 74 tions is to make changes in the IFR alti­ *1,900—MOCA. is amended to read in part: tudes at which all aircraft shall be flown Section 95.6016 VOR Federal airway 16 over a specified route or portion thereof. »Magazine INT, Ark.; Maumelle INT, Ark.; is amended to read in part: These altitudes, when used in conjunc­ **4,500. *3,600—MCA Magazine INT, east- tion with the current changeover points Memphis, Tenn., VOR; Fisherville INT, bound. **4,000—MOCA. Tenn.; *2,000. *1,800—MOCA. for the routes or portions thereof, also Upolu Point, Hawaii, VOR; Hamakua INT, Section 95.6076 VOR Federal airway 76 assure navigational coverage that is ade­ Hawaii; 7,000. is amended to read in part: quate and free of frequency interference Hamakua INT, Hawaii; »Arbor INT, Hawaii; Llano, Tex., VOR via S alter.; Wirtz INT, Tex., for that route or portion thereof. **8,000. *8,000—MRA. **5,500—MOCA. via S alter.; **8,300. *2,800—MOCA. As a situation exists which demands Section 95.6017 VOR Federal airway 17 Wirtz INT, Tex., via S alter.; Capitol INT, Tex., via S alter.; *3,000. *2,700—MOCA. immediate action in the interest of is amended to read in part: safety, I find that compliance with the Duncan, Okla., VOR; Alex INT, Okla.; *3,000. Section 95.6077 VOR Federal airway 77 notice and procedure provisions of the *2,700—MOCA. is amended to read in part : Administrative Procedure Act is imprac­ Section 95.6020 VOR Federal airway 20 Duncan, Okla., VOR via E alter.; Alex INT, ticable and that good cause exists for is amended to read in part: Okla., via E alter.; *3,000. *2,700—MOCA. making this amendment effective within less than 30 days from publication. Houston, Tex., .VOR via S alter.; La Porte, Section 95.6081 VOR Federal airway 81 INT, Tex., via S alter.; 1,500. is amended to read in part : In consideration of the foregoing and Pursuant to the authority delegated to Section 95.6023 VOR Federal airway 23 Colorado Springs, Colo., VOR; Franktown Me by the Administrator (24 F.R. 5662), is amended to read in part: INT, Colo.; 9,700. »McKenna INT, Wash.; Seattle, Wash., VOR; Franktown INT, Colo.; Denver, Colo., VOR; Part 95 of the Federal Aviation Regula­ 9.000. tions is amended, effective April 1, 1971, 3.000. *4,100—MCA McKenna INT, south­ ns follows: bound. Section 95.6133 VOR Federal airway !• By amending Subpart C as follows: Section 95.6036 VOR Federal airway 36 133 is amended to delete : . Section 95.602 Blue Federal airway 2 is amended to read in part: Hickory, N.C., VOR; Jefferson INT, N.C.; a deleted. Lake Henry, Pa., VOR; Pecks Pond INT, Pa.; 5.000. 4.000. Jefferson INT, N.C.; Sugar Grove INT, Va.; Section 95.1001 Direct routes— United 7.000. Mates is amended to delete: Pecks Pond INT, Pa.; Sparta, N.J., VOR; 3,800. Hickory, N.C., VOR; West Jefferson INT, From, to, and MEA N.C.; 5,000. Section 95.6042 VOR Federal airway 42 West Jefferson INT, N.C.; Sugar Grove INT, Return. Tex., VOR via JCT R 134°; INT, Va.; 7,000. 134° M rad, Junction VOR and 281° M is amended to read in part: jnd, San Antonio VOR; *3,800. *3,700— Flint, Mich., VOR; Plains INT, Mich; *3,000. Section 95.6133 VOR Federal airway moca. *2,500—MOCA. 133 is amended by adding: 134° M rad, Junction VOR and 281° M Section 95.6054 VOR Federal airway 54 ran. San Antonio VOR; »Medina INT, Tex.; Hickory, N.C., VOR; Mulberry INT, N.C.; j. .(3>700- *4,000—MRA. * *3,200—MOCA. is amended to read in part: 5.000. ,, „a INT, Tex.; San Antonio, Tex., VOR; Memphis, Tenn., VOR via S alter.; Holly Mulberry INT, N.C.; Sugar Grove INT, Va.; *3,700. *3,200—MOCA. Springs, Miss., VOR via S alter.; 2,000. 7.000. Holly Springs, Miss., VOR via S alter.; Section 95.6133 VOR Federal airway Panama Routes Allsboro INT, Ala., via S alter. *3,500. 133 is amended to read in part: Section 95.1001 Direct routes— United *2,000—MOCA. mes is amended to read : Allsboro INT, Ala., via S alter.; Muscle Shoal, Houghton, Mich., VOR; Thunder Bay, Ont., Ala., VOR via S alter.; 2,500. VOR; *#3,100, *2,500—MOCA. #For that V-7; Pike INT, Ark., via N alter.; Alpine INT, Ark., airspace over U.S. territory. ^ • R e p u b lic of Panama VOR; Ponce via N alter.; *5,500. *1,900—MOCA. Alpine INT, Ark., via N alter.; Marcus INT, Section 95.6138 VOR Federal airway p0 ’J"ePuklic of Panama; 2 ,100. 138 is amended by adding: int’ ^ePuhlic of Panama; Bravo Point Ark., via N alter.; *3,500. *1,900—MOCA. * Republic of Panama; 5,400. Section 95.6068 VOR Federal airway 68 Fort Dodge, Iowa, VOR; Bancroft INT, Iowa; *2,900. *2,600—MOCA. icolC^0n 95.6009 VOR Federal airway 9 is amended by adding: Bancroft INT, Iowa; Blue Earth INT, Minn.; tended to read in part: Junction, Tex., VOR via S alter.; INT 134° M *2,900. *2,500—MOCA. Gr*9eiL Bay- Wis-, VOR; Spruce INT, Wis.; rad, Junction VOR and 281* M rad, San Blue Earth INT, Minn; Mankato, Minn. VOR; SDn,^0- *2-200-MOCA. Antonio VOR via S alter.; *3,800. *3,700— *2,900. *2,400—MOCA. Vop Wis.; Iron Mountain, Mich., MOCA. MfinUR: 3>°00. *2,800—MOCA. Section 95.6146 VOR Federal airway INT 134* M rad, Junction VOR and 281* M 146 is amended to read in part: Mck^lNT MICh** VOR via E alter-; Hexn' rad, San Antonio VOR via S alter.; »Medina Mich., via E alter.; *2,600 INT, Tex., via S alter.; **3,700. *4,000— Pawling, N.Y., VOR; Torrington INT, Conn.; 2,ioo—m o c a . MRA. **3,200—MOCA. *3,400. *2,900—MOCA.

No. 45- FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4482 RULES AND REGULATIONS

Section 95.6159 VOR Federal airway Decatur, Ala., VOR via E alter.; Muscle ment are described in FAA Forms 3139, 159 is amended to read in part: Shoals, Ala., VOR via E alter.; *2,400. 8260-3, 8260-4, or 8260-5 and made a *2,200—MOCA. Birmingham, Ala., VOR; Jasper INT, Ala.; part of the public rule making dockets of »2,200. *2,000—MOCA. Section 95.6347 VOR Federal airway the FAA in accordance with the proce­ Hamilton, Ala., VOR; Guntown INT, Miss.; 347 is amended to read in part: dures set forth in Amendment No. 97- 696 (358F.R. 5610). *2,300. *2,000—MOCA. Tatallna INT, Alaska; Chandalar Lake, Guntown INT, Miss.; Holly Springs, Miss., Alaska, LP/RBN; * # 11,000. *6,900-MOCA. SIAPs are available for examination VOR; 2,000. # MEA is established with a gap in naviga­ at the Rules Docket and at the National Birmingham, Ala., VOR via E alter.; Empire tion signal coverage. INT, Ala., via E alter.;' *2,200. *1,900— Flight Data Center, Federal Aviation MOCA. Section 95.6416 Hawaii VOR Federal Administration, 800 Independence Ave­ Empire INT, Ala., via E alter.; Double Springs airway 16 is amended to read in part: nue SW., Washington, DC 20590. Copies INT,, Ala., via E alter.; *2,600. *2,100— of SIAPs adopted in a particular region MOCA. Upolu Point, Hawaii, VOR; Hamakua INT, are also available for examination at the Double Springs INT, Ala., via E alter; Allsboro Hawaii; 7,000. headquarters' of that region. Individual INT, Ala., via E alter.; *4,000, *2,300— Hamaku INT, Hawaii; »Arbor INT, Hawaii, **8,000. *8,000—MRA. **5,500—MOCA. copies of SIAPs may be purchased from MOCA. the FAA Public Document Inspection Allsboro INT, Ala., via E alter.; Holly Springs, Section 95.6422 Hawaii VOR Federal Miss., VOR via E alter.; *3,500. *2,000— Facility, HQ-405, 800 Independence MOCA. airway 22 is amended to read in part: Avenue SW., Washington, DC 20590, or Holly Springs, Miss., VOR; Memphis, Tenn., Barracuda INT, Hawaii; Sardine INT, Hawaii; from the applicable FAA regional office VOR; 2,000. *11,000. *1,000—MOCA. in accordance with the fee schedule pre­ Hamilton, Ala., VOR via W alter.; Wyatte Sardine INT, Hawaii; Bonita INT, Hawaii; scribed in 49 CFR 7.85. This fee is pay­ INT, Miss., via W alter.; *2,400. *2,000— *8,000. *1,000—MOCA. able in advance and may be paid by MOCA. Bonita INT, Hawaii; »Hilo, Hawaii, VOR; check, draft, or postal money order pay­ Wyatte INT, Miss., via W alter.; Memphis, 6,000. *3,200—MCA Hilo VOR, northwest- able to the Treasurer of the United Tenn., VOR via W alter.; *2,000. *1,800— bound. MOCA. States. A weekly transmittal of all SIAP ♦Bolivar INT, Mo.; Holden INT, Mo.; **3,000. Section 95.6438 VOR Federal airway changes and additions may be obtained *6,000—MRA. **2,500—MOCA. 438 is amended to read in part: by subscription at an annual rate of $125 Holden INT, Mo.; Blue Springs, Mo., VOR; Kodiak, Alaska, VOR via W alter.; INT 185° per annum from the Superintendent of *2,600. *2,100—MOCA. M rad, Homer VOR and 335° M rad, Kodiak Documents, U.S. Government Printing Section 95.6172 VOR Federal airway VOR via W alter.; *10;000. *5,300—MOCA. Office, Washington, D.C. 20402. 172 is amended to read in part: INT 185° M rad, Homer VOR and 335° M rad, Since a situation exists that requires Kodiak VOR via W alter.; Homer, Alaska, immediate adoption of this amendment, Grimes INT, Iowa; Ankeny INT, Iowa; 3,300. VOR via W alter.; *10,000. *5,300—MOCA. I find that further notice and public Section 95.6172 VOR Federal airway Section 95.7513 Jet Route No. 513 is procedure hereon is impracticable and 175 is amended to read in part: amended to read in part: good cause exists for making it effective Malden, Mo., VOR; *Leeper INT, Mo.; From, to, MEA, and MAA in less than 30 days. **4,000. *5,000—MRA. **2,500—MOCA. Thunder Bay, Ontario, Canada, VORTAC; In consideration of the foregoing, Part Leeper INT, Mo.; Bunker INT, Mo.; *4,000. Sudbury, Ontario, Canada, VORTAC; 97 of the Federal Aviation Regulations *2,500—MOCA. 18,000; 45,000. For that airspace over U.S. is amended as follows, effective on the Sioux City, Iowa, VOR; Oyens INT, Iowa; territory. dates specified: 4,400. Oyens INT, Iowa.; Worthington, Minn., VOR; 2. By amending Subpart D as follows: 1. Section 97.11 is amended by estab­ *3,400. *3,300—MOCA. Section 95.8003 VOR Federal airway lishing, revising or canceling the follow­ Linden INT, Iowa; »Manning INT, Iowa; changeover points: ing L/MF-ADF(NDB) -VOR SIAPs, ef­ **4,000. *3,900—MRA. * *2,600—MOCA. fective April 1, 1971: From; to—Changeover point: Distance; from Section 95.6198 VOR Federal airway Utica, N.Y.—Oneida County Airport; VOR 1» 198 is amended to read in part: V—139 is amended by adding: Amdt. 1; Canceled. Snow Hill, Md., VOR; Sea Isle, N.J., VOR; 25; Houston, Tex., VOR; La Porte INT, Tex.; Snow Hill. 2. Section 97.23 is amended by estab­ 1,500. V—71 is amended by adding: lishing, revising, or canceling the follow­ El Dorado, Ark., VOR; Hot Springs, A rk., ing VOR-VOR/DM E SIAPs, effective Section 95.6205 VOR Federal airway VOR; 49; El Dorado. 205 is amended to read in part: March 11, 1971: (Secs. 307, 1110, Federal Aviation Act of 1958, Carlsbad, N. Mex.—Cavern City Air Term!" Pawling, N.Y., VOR; Meadow INT, Conn.; 49 U.S.C. 1348, 1510) *3,800. *2,900—MOCA. nal; VOR Rwy 32L, Original; Established. Issued in Washington, D.C., on Febru­ Section 95.6230 VOR Federal airway 3. Section 97.23 is amended by estab­ ary 25, 1971. lishing, revising, or canceling the follow­ 230 is amended to read in part: R. S. S liff, ♦Salinas, Calif., VOR; San Benito INT, Calif.; Acting Director, ing VORr-VOR/DME SIAPs, effective **6,500. *6,500—MCA Salinas VOR, east- Flight Standards Service. April 1,1971: bound. **5,500—MOCA. [FR Doc.71-3075 Filed 3-5-71;8:45 am] Atlanta, Ga.—Fulton County Airport; VOR Section 95.6257 VOR Federal airway Runway 8R, Amdt. 1; Canceled. 257 is amended to read in part: Atlanta, Ga.—Fulton County Airport; vu«' [Docket No. 10880; Arndt. 745] A, Original; Established. Prescott, Ariz., VOR; »Bishops Lake INT, Beatrice, Nebr.—Beatrice Municipal Airp Ariz.; **10,000. *11,000—MRA. **9,000— PART 97— STANDARD INSTRUMENT VOR Runway 13, Amdt. 5; Revised. MOCA. APPROACH PROCEDURES Elgin, 111.—Elgin Airport; VOR-A, Amai. . Bishops Lake INT, Ariz.; Grand Canyon, Revised. Ariz., VOR; 10,000. Miscellaneous Amendments Franklin,______f Va.—Franklin I ______Municipal/J011“ Beverly Rose Airport; VOR Runway Section 95.6262 VOR Federa lairway This amendment to Part 97 of the Amdt. 8 ; Revised. v0R 262 is amended to read in part: Federal Aviation Regulations incor­ Kenne, N.H.—Dillant-Hopkins Airport; v Peoria, 111., VOR; »Dunlop INT, 111.; **2,300. porates by reference therein changes Runway 2, Amdt. 3; Revised. iirn0rt *3,000—MRA. **2,000—MOCA. and additions to the Standard Instru­ Kenosha, Wis.—Kenosha Municipal Airp ment Approach Procedures (SIAPs) that VOR Runway 14, Amdt. 1; Revls1ed; irnort Section 95.6325 VOR Federal airway Lebanon, N.H.—Lebanon Regional au^ were recently adopted by the Adminis­ 325 is amended to read in part: VOR-A, Amdt. 9; Revised. unaA trator to promote safety at the Gadsden, Ala., VOR via E alter.; Hobbs INT, Lebanon, N.H.—Lebanon Regional auf Ala., via E alter.; 3,000. Hobbs INT, Ala., concerned. VOR-B, Amdt. 1; R e v i s e d . ___ Alr. via E alter.; Decatur, Ala., VOR via E alter.; The complete SIAPs for the changes Lumberton, N.J.—Flying "W” Rauch *3,000. *2,600—MOCA. and additions covered by this amend­ port; VOR-1, Amdt. 1; Canceled.

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 RULES AND REGULATIONS 4483

South Haven, Mich.—South Haven Munici­ Cushing, Okla.—Cushing Municipal Airport; tations with regard to its requirements pal Airport; VOR Runway 22, Arndt. 1; NDB Runway 35, Original; Established. for registration statements and reports Revised. Galax-Hillsville, Va.—Twin County Airport; filed with the Commission under the Se­ State College, Pa.—State College Air Depot; NDB-A, Amdt. 2; Revised. curities Act of 1933 and the Securities VOR-A, Amdt. 2; Revised. Keene, N.H.—Dillant-Hopkins Airport; NDB- Stevens Point, Wis.—Stevens Point Munici­ A, Amdt. 1; Revised. Exchange Act of 1934. These interpreta­ pal Airport; VOR Runway 3, Amdt. 3; Re­ Oneida, Tenn.—Scott Municipal Airport; tions, and related explanatory material, vised. NDB Runway 5, Original; Established. concern the. information required in Stevens Point, Wis.—Stevens Point Munici­ Port Huron, Mich.—St. Clair County Airport; regard to the description of business, the pal Airport; VOR Runway 21, Amdt. 8 ; NDB-A, Amdt. 1; Revised. Revised. Port Huron, Mich.—St. Clair County Airport; summary of operations and financial Stevens Point, Wis.—Stevens Point Municipal NDB Runway 4, Amdt. 1; Revised. statements. Airport; VOR Runway 30, Amdt. 7; Re­ Trenton, Mo.—Trenton Municipal Airport; (a) Form 10 {17 CFR 249.210). (1) Item 1. vised. NDB Runway 35, Amdt. 1; Revised. Business : Westland, Mich.—National Airport; VOR-A, Utica, N.Y.—Oneida County Airport; NDB Information falling within the scope of Amdt. 1; Revised. Runway 15, Amdt. 4; Revised. paragraph (d) with regard to business de­ Willmar, Minn.—Willmar Municipal Airport; Utica, N.Y.—Oneida County Airport; NDB pendent upon a single customer or a very VOR Runway 11, Amdt. 3; Revised. Runway 33, Amdt. 7; Revised. few customers, or within paragraph (e) with Franklin, Va.—Franklin Municipal/John 8. Section 97.29 is amended by estab­regard to operations outside the United Beverly Rose Airport; VOR/DME Runway lishing, revising, or canceling the fol­ States, is required to be included in response 27, Amdt. 4; Revised. to paragraph (c) (1), “Information as to lines Galax-Hillsville, Va.—Twin County Airport; lowing ILS SIAPs, effective April 1, 1971: of business,” or (c)(2), “Information as to VOR/DME Runway 17, Original; Estab­ Chicago, 111.—Chicago O’Hare International classes of similar products or services,” or lished. Airport; ILS Runway 14L, Amdt. 16; both paragraphs (c) (1) and (c) (2 ) as may Utica, N.Y.—Oneida County Airport; VOR/ Revised. be appropriate, if ( 1) such disclosure is spe­ DME Runway 33, Original; Established. Chicago, 111.—Chicago O’Hare International cifically required by paragraph ( c ) ( 1) with Yazoo City, Miss.—Barrier Field; VOR/ Airport; ILS Runway 14R, Amdt. 17; respect to a line of business, (2 ) such dis­ DME-A, Amdt. 3; Revised. Revised. closure is specifically required by paragraph Yazoo City, Miss.—Barrier Field; VOR/ Chicago, 111.—Chicago O’Hare International (c) (2 ) with respect to a class of similar prod­ DME Runway 17, Original; Established. Airport; ILS Runway 27R, Amdt. 12; ucts or services, or (3) the omission of such 4. Section 97.25 is amended by estab­ Revised. information would render the response to the lishing, revising or canceling the follow­ Chicago, 111.—Chicago O’Hare International item misleading. ing LOC-LDA SIAPs, effective April 1, Airport; Parallel ILS Runway 27R, Amdt. 2; (2) Item 2. Summary of Operations: Revised. Where per share earnings are disclosed, 1971: Keene, N.H.—Dillant-Hopkins Airport; ILS pursuant to instruction 3, the information Chicago, HI.—Chicago O’Hare International Runway 2, Amdt. 2; Revised. with respect to the computation of per share Airport; LOC Runway 4, Amdt. 5; Revised. Utica, N.Y.—Oneida County Airport; ILS earnings on both primary and fully diluted Chicago, 111.—Chicago O’Hare International Runway 33, Amdt. 9; Revised. bases, presented by exhibit or otherwise must be furnished even though the amounts Airport; LOC Runway 27L, Amdt. 4; Re­ (Secs. 307, 313, 601, 1110, Federal Aviation vised. of per share earnings on the fully diluted Act of 1958, 49 U.S.C. 1438, 1354, 1421, 1510; Utica, N.Y.—Oneida County Airport;' LOC basis are not required to be stated under the sec. 6 (c) Department of Transportation Act, (BC) Runway 15, Amdt. 1; Revised. provisions of Accounting Principles Board 49 U.S.C. 1655(C), 5 U.S.C. 552(a) ( 1 )) Opinion No. 15. That Opinion provides that 5. Section 97.27 is amended by estab­ Issued in Washington, D.C., on Febru­ any reduction of less than three percent lishing, revising or canceling the follow­ ary 24, 1971. need not be considered as dilution (see foot­ ing NDB/ADF SIAPs, effective February note 2 to paragraph 14 of the Opinion) and 4,1971: R. S. S liff, that a computation on the fully diluted Acting Director, basis which results in improvement of earn­ Goodland, Kansas.—Renner Field/Goodland Flight Standards Service. ings per share not be taken into account (see Municipal Airport; NDB Runway 12, Orig­ paragraph 40 of the Opinion). Note: Incorporation by reference pro­ inal; Canceled. (b) Form 10-K (17 CFR 249.310). (1) Item Goodland, Kans.—Renner Field/Goodland visions in §§ 97.10 and 97.20 (35 F.R. 1. Business: Municipal Airport; NDB Runway 30, Orig­ inal; Canceled. 5610) approved by the Director of the (2) Item 2. Summary of Operations: Federal Register on May 12, 1969. The comments above with respect to Items 6. Section 97.27 is amended by estab­ 1 and 2 of Form 10 are applicable to Items 1 lishing, revising, or canceling the follow­ [FR Doc.71-3076 Filed 3-5-71;8:45 am] and 2 of Form 10-K. ing NDB/ADF SIAPs, effective March 11, (3) Financial Statements: 1971: (i) Notes to financial statements: Notes to financial statements must be fur­ Carlsbad, N. Mex.—Cavern City Air Terminal; nished for both of the two years for which NDB Runway 321, Original; Canceled. Title 17— COMMODITY AND such statements are required to be furnished. Preferably such notes should be integrated. 7. Section 97.27 is amended by estab­ SECURITIES EXCHANGES Where pursuant to Rule 12b-23 (17 CFR lishing, revising, or canceling the follow­ 240.12b-23) financial statements contained ing NDB/ADF SIAPs, effective April 1, Chapter II— Securities and Exchange in a prospectus, proxy statement or report 1971: Commission to security holders are incorporated by ref­ Atlanta, Ga.—Fulton County Airport; NDB [Releases Nos. 33-5133,34-9083] erence in a report on Form 10-K (and copies .«unway 8R, Amdt. 1; Canceled. of the statements filed with the report as Atlanta, Ga.—Fulton County Airport; NDB- PART 231— INTERPRETATIVE RE­ required by that rule) any so-called com­ A, Original; Established. pliance or supplemental notes required by LEASES RELATING TO THE SECURI­ Regulation S-X (17 CFR Part 210) which are Minn.—Benson Municipal Airport; TIES ACT OF 1933 AND GENERAL NDB Runway 14, Original; Established. not included in the prospectus, proxy state­ am“ridge, Md.—Cambridge Municipal Air- RULES AND REGULATIONS THERE­ ment or report to security holders, as the p P0r^> NDB Runway 34, Amdt. 8 ; Revised, UNDER case may be, must be filed with the report wago, 111.—Chicago O’Hare International on Form 10-K within 90 days after the end Airport; NDB Runway 4, Amdt. 3; Revised, PART 241— INTERPRETATIVE RE­ of the fiscal year covered by the report. The provision of General Instruction A to Form dcago, ill.—Chicago O’Hare International LEASES RELATING TO THE SECURI­ ^Port; NDB Runway 14L, Amdt. 11; 10-K with respect to the filing of schedules TIES EXCHANGE ACT OF 1934 AND within 120 days after the end of the fiscal Chicago, in.—Chicago O’Hare International GENERAL. RULES AND REGULA­ year does not apply to such notes. ^hport; n d b Runway 14R, Amdt. 10; (ii) Schedules to financial statements: TIONS THEREUNDER The requirements with respect to the fur- • nishing of schedules to financial statements hjcago, ni.—Chicago O’Hare International Interpretations Regarding appear in Rule 5-04 of Regulation S-X, en­ Revised NDB RunwaY 27R, Amdt. 10; Registration and Reporting titled “What Schedules Are To Be Filed.” Paragraph (a) ( 1) of that rule provides that C‘UAiÎ.erl?n<*’ —Cumberland Municip The Securities and Exchange Commis­ certain schedules shall be filed as of the date irPort; NDB-A, Amdt. 2; Revised. sion announced today certain interpre­ of the most recent balance sheet filed and

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4484 RULES AND REGULATIONS paragraph (a) (2) provides that certain other changes relating to the transportation previously been deleted from the regula­ schedules ¿hall be filed far each period for of merchandise in bond instituted pro­ which a profit and loss statement is filed. tions by T.D. 70-121 (35 F.R. 8214). As applied to Form 10-K, which requires visionally on September 9, 1968, and to 8. Proposed § 33.22(c) (1), now § 114.22 financial statements for 2 fiscal years, this delete obsolete paragraphs of Part 18 of (c) (1), is amended to provide that a means that the schedules called for by para­ the regulations was published in the TIR carnet may be accepted at any port graph (a )(1) need be furnished only as of F ederal R egister (35 F.R. 4632). Inter­ of entry and that road vehicles trans­ the end of the latest fiscal year, but that ested persons were given until April 16, porting merchandise under cover of a those called for by paragraph (a) (2 ) are to 1970, to submit written comments, sug­ TIR carnet must comply with all ap­ be furnished for both fiscal years. gestions, or objections regarding the pro­ plicable requirements of Federal and (iii) Manually signed opinions of account­ posed regulations. Representations sub­ ants covering the financial statements and State agencies concerned with the schedules are required by the provisions of mitted pursuant to the notice have been regulation of such vehicles and their Article 2 of Regulation S—X. carefully considered. The amendments personnel. (iv) Incorporation by reference: as proposed are hereby adopted subject 9. Proposed § 33.22(c) (3), now § 114.- In order that the microfiche system for the to the following changes: 22(c)(3), is amended to make clear public dissemination of reports and docu­ 1. Section 10.39 (e) and (f) are that in the event the total of duties and ments filed with the Commission may work, amended to conform to the changes made taxes on any shipment covered by a TIR Rule 12b-23, “Incorporation by Reference,” by T.D. 69-146 (34 F.R. 9798) in other carnet exceeds the amount for which the was amended, effective February 4, 1971, to provide that copies of information or finan­ sections of Part 10 which relate to cir­ guaranteeing association is liable, the ex­ cial statements incorporated by reference, or cumstances in which a bond is required cess constitutes a charge against the copies of the pertinent pages of any docu­ to be given in an amount equal to 110 Carrier’s Bond. ment containing such information or state­ percent of estimated duties instead of 10. Section 114.31 is amended to pro­ ment, be filed with the registration state­ double estimated duties. vide that merchandise not entitled to ment or report in which it is so incorporated. 2. Section 10.41c, including paragraphs temporary importation under bond shall (c) Form S-l (17 CFR 239.11) (1) Item 6. (b) and (c) which were not referred to not be imported under cover of an A.T.A. Summary of Earnings: or E.C.S. carnet and that except in re­ The comments above with respect to Item in the notice of proposed rule making, is 2 of Form 10 are. applicable to Instruction 2 deleted and replaced by a new § 18.4a. spect to merchandise for indirect expor­ to this item. Paragraphs (b) and (c) of former tation, merchandise not entitled to trans­ Where earnings per share are shown, in § 10.41c are omitted from § 18.4a as portation in bond shall not be trans­ response to the requirements of Accounting properly the subject of the regulations ported under cover of a TIR carnet. Principles Board Opinion No. 15 or other­ of the U.S. Coast Guard relating to the 11. Sections 123.42 (a) and (b) and wise, the information or exhibit with respect certification of cargo containers for 123.64(b), which were not referred to in to the computation of earnings per share, transport under customs seal published the notice of proposed rule making, are mentioned above in connection with Item amended to conform to the procedures 2 of Form 10 should be furnished. in the Federal R egister of July 31, 1970 (2) Item 9. Description of Business: (35 F.R. 12776). Paragraph (b) in new established for the transportation of The comments above with respect to Item § 18.4a relates to the acceptance for merchandise in bond by requiring the 1 of Form 10 are applicable to the similar transport under customs seal of road presentation of “the related customs provisions of this item. vehicles carrying merchandise under Form 7512-C (duplicate) ” in certain cir­ (d) Form S—7 (17 CFR 239.26). Item 5. cover of a TIR carnet. cumstances. Business : 3. In § 18.2, present paragraph (b), as Minor editorial changes, and conform­ The comments above with respect to Item ing changes to reflect revisions in cross 1 of Form 10 are applicable to the similar amended by T.D. 71-22 (36 F.R. 1058), is retained; proposed paragraphs (b) and references and the redesignation of Part provisions of this item. 33 of the regulations as Part 114 by T.D. (e) Form S-8 (17 CFR 239.16b) . Item 11. (c) are redesignated, respectively, as par­ Summary of Earnings: agraphs (c) and (d); and present para­ 70-134 (35 F.R. 9251), are also made. Where earnings per share are shown, in graph (d), which was not referred to in The text of the amendments to Parts response to the requirements of Accounting the notice of proposed rule making, is 10, 18, 21, 25, 114, and 123 of Chapter I, Principles Board Opinion No. 15 or other­ redesignated as paragraph (e). Title 19, Code o f Federal Regulations, as wise, the information, or exhibit, with re­ adopted is set forth below. spect to the computation of earnings per 4. Proposed § 18.5(d) is amended to share, mentioned above in connection with provide that in the event of diversion of Effective date. These amendments shall Item 2 of Form 10 should be furnished. merchandise transported under cover of be effective on April 1, 1971. 6 a TIR carnet, splitting up of a shipment (f) Form S -ll (17 CFR 239.18). Item . [ seal] M yles J. Ambrose, Summary Financial Data: shall not be permitted. Commissioner of Customs. The comments above with respect to Item 5. In § 18.6, proposed paragraph (b) 2 of Form 10 are applicable to Instruction (1) and (2) are deleted as superseded by Approved: February 26,1971. 4 to this item. the amendment of present paragraph Eugene T. R ossides, By the Commission, February 18, 1971. (b) by T.D. 71-22 (36 F.R. 1058). The Assistant Secretary substance of proposed § 18.6(b) (2), mod­ of the Treasury. [ seal] R osalie F. Schneider, ified to require that the district director Recording Secretary. of customs make demand on the initial PART 10— ARTICLES CONDITIONALLY [FR Doc.71-3175 Filed 3-5-71;8:49 am] bonded carrier for pecuniary penalties, FREE, SUBJECT TO A REDUCED liquidated damages, duties, and taxes RATE, ETC. which may accrue, in respect of mer­ chandise carried under a TIR carnet, The first sentence of paragraph (a) o Title 19— CUSTOMS DUTIES only in the case of any excess for which § 10.31 is amended to read: the guaranteeing association is not re­ Chapter I— Bureau of Customs, §1 0 .3 1 Entry; bond. sponsible, appears as a separate para­ (a) Entry of articles brought into the Department of the Treasury graph (d). Present paragraphs (d) and United States temporarily and claimed (e), which were not referred to in the [T.D. 71-70] be exempt from duty under Schedule . notice of proposed rule making, are re­ Part 5C, Tariff Schedules of the Unitea IMPLEMENTATION OF TIR CONVEN­ designated, respectively, as paragraphs TION AND SIMPLIFIED IN-BOND (e) and (f). States,34 shall, unless covered by an A.i- • or E.C.S. carnet provided forin Pali PROCEDURE 6. Proposed § 18.8(e) (2) is amended of this chapter; be made on customs t to state the time limits in which the 7501, except that, when § 10.36 or § 10. On March 17, 1970, notice of proposed guaranteeing association must be noti­ rule making regarding regulations to im­ is applicable, or the aggregate valu fied in the event a TIR carnet has not the article is not over $250, the form P plement the Customs Convention on the been discharged or has been discharged scribed for the informal entry of International Transport of Goods Under subject to a reservation. portations by mail, in baggage, or oui > Cover of TIR Carnets (TIR Convention) 7. Former §§ 18.29, 18.30, and 18.31, as the qase may be, may be used. (TIAS 6633), to incorporate procedural which the notice proposed to delete, have *****

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 RULES AND REGULATIONS 4485

Section 10.39 is amended as follows: cover of a TIR carnet (see Part 114 of document, (the appropriate customs Paragraphs (e) (4) and (f) are amended this chapter) from the port of arrival Forms 7512 or 7520, or the TIR carnet) covering the merchandise. In the case of to read: intact, the holder or container shall ap­ pear on the inward foreign manifest so a TIR carnet, the receipt shall be given § 10.39 Cancellation of bonds. as to be related to the cargo contained on the appropriate vouchers in the fol­ * * * * * therein and will be released under this lowing form: (e) * * * procedure at a subsequent port. If the Received the cargo listed herein for delivery (4) Upon the payment of an amountholder or container is to move in bond to Customs at the indicated port of destina­ equal to double the duty which would or under cover of a TIR carnet from the tion or exportation, or for direct exportation. have accrued on the articles had they port of arrival not intact with its con­ been entered under an ordinary con­ tents, the holder or container may appear Name of Carrier (or Exporter) sumption entry, or equal to 110 percent on the inward foreign manifest separate Attorney or Agent of Carrier (or Exporter ) of such duties where that percentage from and not related to the cargo con­ is prescribed in § 10.31 (f), if such amount tained therein and will be released un­ (Date) is determined to be less than the full der this procedure at the port of arrival amount of the bond. before it moves forward and will not ap­ (b) A customs in-bond document con­ taining a description of the merchandise (f) If there has been compliance with pear on the in-bond document. ***** shall be prepared by the carrier or ship­ the terms of the bond with respect to per and signed by the agent of the carrier part of but not all the articles covered § 10.41c [Deleted] whenever merchandise is being trans­ thereby and a written application for Part 10 is amended by deleting § 10.41c. ported in bond. All copies of the in-bond relief is filed as provided in Part 172 document shall be signed by the import­ of this chapter, and if that part of the ing carrier of his agent and the in-bond liability for liquidated damages which PART 18—TRANSPORTATION IN carrier or his agent to indicate the represents double the duty or 110 percent quantity delivered for transportation in of the duty, as required under § 10.31(f), BOND AND MERCHANDISE IN TRANSIT bond. When there is no discrepancy be­ on the articles in respect of which there tween the quantity manifested by the has been a default does not exceed Section 18.1(a) is amended to read: importing carrier and the quantity deliv­ $20,000, the district director may cancel ered to the in-bond carrier, the dis­ the total liability for payment of liqui­ § 18.1 Carriers ; application to bond. trict director of customs may authorize dated damages in any amount upon the (a) (1) Merchandise to be transportedwaiving the signature of the parties in payment of an amount equal to double from one port to another in the United interest as to delivered quantities. Except the duty or 110 percent of the duty, as States in bond, except as provided for in as prescribed in Sübpart D of Part 123 of appropriate, on the articles in respect paragraph (b) of this section, shall be this chapter, relating to merchandise in of which the default occurred, or, under delivered to a common carrier, contract transit through the United States be­ the circumstances enumerated in sub- carrier, freight forwarder, or private tween ports in contiguous foreign terri­ paragraph (1), (2), or (3) of paragraph carrier bonded for that purpose, but such tory, a separate set shall be prepared for (e) of this section, upon payment of merchandise delivered to a common car­ such lesser amount as the district direc­ each entry and, if the consignment is rier, contract carrier, or freight for­ contained in more than one conveyance, tor may deem appropriate, provided the warder may be transported with the use district director is satisfied that the im­ a separate set shall be prepared for each of facilities of other bonded or non- conveyance. portation was properly entered under bonded carriers.1 For the purposes Of this schedule 8, part 5C, and that there was (c) After the merchandise has been section, the term “common carrier” laden and the in-bond carrier or his no intent to defraud the revenue or delay means a common carrier of merchan­ the payment of duty. agent has receipted the in-bond docu­ dise owning or operating a railroad, ment, either customs Form 7512 or cus­ ***** steamship, or other transportation line toms Form 7520, in duplicate, or the TIR § 10.41a [Amended] or route. Only vessels entitled to engage carnet, together with the related cus­ in the coastwise trade (see § 4.80 of this Paragraph

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4486 RULES AND REGULATIONS by the district director of the district in under customs supervision, the customs (2) Merchandise moving under cover which is located the warehouse to which officer shall excute a certificate of of a TIR carnet may not be consoli­ the merchandise is to be carried: transfer on the appropriate TIR carnet dated with other merchandise. The undersigned hereby requests permis­ voucher. * * * * * sion to transport under the provisions of his (d) If it becomes necessary at any Part 18 is amended by adding a new carrier’s bond, dated______on file at point in transit to remove the customs § 18.4a as follows: the port o f ______, the merchandise de­ seals from a conveyance or container scribed in the attached invoice from the port containing bonded merchandise for the § 18.4a Containers or road vehicles ac­ of 4.______to his warehouse located at purpose of transferring its contents to cepted for transport under customs another conveyance or container, or to seal; requirements. (Warehouse proprietor gain access to the shipment because of (a) (1) Containers covered by the and carrier) casualty or for other good reason, and Customs Convention on Containers3* it cannot be done under customs super­ shall be accepted for transport under (Date) vision because of the element of time customs seal (see § 18.4) if (i) durably Invoice and statement verified : involved or because there is no customs marked with the name and address of the officer stationed at such point, a respon­ (Date) owner, particulars of tare, and identifi­ sible agent of the carrier may remove the cation marks and numbers, and (ii) con­ (District Director) seals, supervise the transfer or handling structed and equipped as outlined in An­ (Sec. 551, 46 Stat. 742, as amended; 19 U.S.C. of the merchandise, seal the conveyance nex 1 to the Customs Convention on 1551) or container in which the shipment goes Containers, as evidenced by an accom­ Section 18.3 is amended to read: forward, and make appropriate notation panying unexpired certificate of approval of his action on the conductor’s or mas­ in the form prescribed by Annex 2 to that § 1 8 .3 Transshipment;* transfer by ter’s copy of the manifest, or the outside Convention or by a metal plate showing bonded cartmen. back cover of the TIR carnet, including design type approval by a competent (a) When bonded merchandise in one the date, serial numbers of the new seals authority. conveyance is to be transshipped tinder applied, and the reason therefor. This (2) Containers3b carrying merchandise customs supervision to another single authorization shall not apply in any case covered by a TIR carnet shall be accepted conveyance while en route to the port of not involving a real emergency. for transport under customs seal (see destination or exportation, the in-bond (e) All transfers to or from the con­ § 18.4) if (i)’ durably marked with the document which accompanied the mer­ veyance or warehouse of merchandise name and address of the owner, par­ chandise shall be presented to the dis­ undergoing transportation in bond shall ticulars of tetre, and identification marks trict director of customs at the place of be made under the provisions of Part 21 and numbers, (ii) constructed and transshipment for execution of a cer­ of this chapter and at the expense of equipped as outlined in A n n e x 6 to the tificate of transfer thereon. The in-bond the parties in interest, unless the Car­ TIR Convention, as evidenced by an ac­ document shall be returned to the car­ rier’s Bond or a TIR carnet is liable for companying unexpired certificate of ap­ rier to accompany the merchandise to the safekeeping and delivery of the mer­ proval in the form prescribed by Annex the port of destination or exportation. chandise while it is being transferred. 8 to that Convention, or by a metal plate Except as provided in paragraph (c) of (Secs. 551, 565, 46 Stat. 742, as amended, 747; showing design type approval by a com­ this section, merchandise covered by a 19 U.S.C. 1551, 1565) petent authority, and (iii) if the con­ tainer or road vehicle hauling the con­ TIR carnet shall not be transshipped if Section 18.4 is amended as follows: the transshipment involves the unlad­ tainer has affixed to it a rectangular Paragraph (a) is amended by designating ing of the merchandise from a container plate bearing the letters “TIR” in ac­ the present text as subparagraph (1) and or road vehicle. cordance with Article 31 of the TIR adding a new subparagraph (2) and (b) When bonded merchandise, other Convention. paragraph (c) is amended to-read as (b) Road vehicles3c carrying mer­ than merchandise covered by a TTR car- follows: net, is to be transshipped into more than chandise covered by a TIR carnet shall one conveyance, the carrier, agent of the § 18.4 Sealing conveyances and com­ be accepted for transport under customs shipper, or forwarder shall prepare, for partments; labeling packages; warn­ seal if (1) durably marked with the each such conveyance, two additional ing cards. name and address of the owner, par­ copies of the customs Form 7512 which (a) * * * ticulars of tare, and identification marks and numbers, (2) constructed and accompanied the merchandise to the (2) The district director of customs place of transshipment. The Form 7512 equipped as outlined in Annex 3 to the shall cause a customs seal to be affixed TIR Convention, as evidenced by an ac­ and customs Form 7512-C (duplicate) to a container or road vehicle which is which accompanied the shipment to the companying unexpired certificate of ap­ being used to transport merchandise un­ proval in the form prescribed by Annex place of transshipment shall be presented der cover of a TIR carnet unless the con­ to the district director there. The cus­ tainer or road vehicle bears a valid cus­ s* See footnote 36a to Part 10 of this toms officer supervising the transship- toms seal (domestic or foreign). The chapter. jment shall execute a certificate of trans­ district director shall likewise cause a 8b “* * * the term ‘container’ shall mean an fer on all copies of the Form 7512. The customs seal or label to be affixed to article of transport equipment (lift-van, original copies of the Form 7512 and re­ heavy or bulky goods being so trans­ movable tank or other similar structure), “ (i) Of a permanent character and accord­ lated Form 7512-C (duplicate) shall be ported. If, however, he has reason to be­ delivered to the conductor, master, or ingly strong enough to be suitable for re­ lieve that there is a discrepancy between peated use; . person in charge of the first conveyance. the merchandise listed on the Goods Two additional copies of the Form 7512 “ (ii) Specially designed to facilitate Manifest of the carnet and the merchan­ carriage of goods by one or more modes shall be similarly delivered to the person dise which is to be transported, he shall transport, without intermediate reloading, in charge of each additional conveyance cause a customs seal or label to be affixed “ (iii) Pitted with devices permitting i in which the merchandise is forwarded only when the listing of the mercahndise ready handling, particularly its transfer i for delivery to the district director at in the carnet and a physical inventory one mode of transport to another; the port of destination or exportation. “ (iv) So designed as to be easy to ni (c) Merchandise covered by a TIR agree. empty; and - nne carnet may be transshipped in a case * * * * * “ (v) Having an internal volume o involving the unlading of the merchan­ cubic metre or more; the term ‘con nai (c) (1) Merchandise not under bondincludes neither vehicles nor conven dise from a container or road vehicle may be transported in sealed convey­ packing;...... (Article 1, TIB Convent only if the transshipment is necessitated ances or compartments containing sc ■<* * * the term ‘road vehicle «hall by casualty en route. In the event of not only any road motor vehicle bu transshipment, a TIR approved container bonded goods when destined for the same any trailer or semitrailer designed or road vehicle shall be used if avail­ place or places beyond, but not when drawn by such a vehicle; • * * (Article able. If the transshipment takes place intended for intermediate places. TIE Convention.)

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 RULES AND REGULATIONS 4487

5 to that Convention, or by a metal plate tines and regulations of the Agricultural § 18.7 Lading for exportation, verifica­ showing design type approval by a com­ Research Service of the Department of tion of. petent authority, and (3 ) if the road ve­ Agriculture shall be allowed only upon (a) When merchandise covered by an hicle has affixed to it a rectangular plate written permission or under regulations in-bond entry is delivered to the export­ bearing the letters “ T I R ” in accordance issued by the agency concerned. ing carrier at the port of exportation, with Article 31 of the T I R Convention. (Secs. 551-553, 46 Stat. 742, as amended, 19 the in-bond document and the related (c) The district director of customs U.S.C. 1551-1553) customs Form 7512-C (duplicate) shall may refuse to accept for transport under Section 18.6 is amended to read: be promptly delivered to the district di­ customs seal a container or road vehicle rector of customs. bearing evidence of approval if, in his § 18.6 Short shipments; shortages; entry * * * * * opinion, the container or road vehicle no and allowance. Section 18.8 is amended as follows: longer meets the requirements of the ap­ (a) When there has been a short ship­ plicable Convention. The heading is amended and a new para­ ment and the short-shipped packages graph (e) is added as follows: (d) Containers or road vehicles which are subsequently received, they may be are not approved under the provisions forwarded only under a new transporta­ § 18.8 Liability for shortage, irregular of a Customs Convention may be accepted tion entry referenced to the original delivery, or nondelivery, penalties. for transport under customs seal only entry. * * * * * if the district director at the port of (b) When there is a shortage of one (e) (1) The domestic guaranteeing as­ origin is satisfied that ( 1 ) the container or more packages or nondelivery of an sociation shall be jointly and severally or road vehicle can be effectively sealed entire shipment, and inquiry by the car­ liable with the initial bonded carrier for and (2) no goods can be removed from or rier discloses that the merchandise has pecuniary penalties, liquidated damages, introduced into the container or road been delivered directly to the consignee, duties, and taxes accruing to the United vehicle w ith ou t obvious damage to it or entry therefor may be accepted if the States, and any other charges imposed without breaking the seal. A container merchandise can be recovered intact as the result of any shortage, irregular or road vehicle so accepted shall not carry without any of the packages having been delivery, or nondelivery at the port of merchandise covered by a T I R carnet. opened. In such cases, any shortage from destination or port of exit of merchan­ (77A Stat. 14, sec. 14, 67 Stat. 516, secs. 623, the invoice quantity shall be presumed dise covered by a TIR carnet. Penalties ®*> 46 Stat. 759, as amended; 19 U.S.C. 1202 to have occurred while the merchandise imposed as liquidated damages for any (Gen. Hdnote. 11), 1322, 1623, 1624) was in the possession of the bonded shortage, irregular delivery, or nondeliv­ carrier. Section 18.5 is amended to read: - ery shall be computed in accordance with (c) If the merchandise cannot be re­ subparagraphs (1), (2), and (3) of para­ § 18.5 Diversion. covered intact, as above specified, entry graph (b) of this section. If a TIR carnet (a) Merchandise forwarded under any shall not be accepted and, except as pro­ has not been discharged, or has been dis­ class of transportation entry may be di­ vided in paragraph (d) of this section, charged subject to a reservation, the verted to any port other than the port there shall be sent to the initial bonded guaranteeing association shall be noti­ named in the entry at the option of the carrier a demand for liquidated damages fied within 1 year of the date upon which consignee or agent. Except as provided on customs Form 5955-A, in the case of the carnet is taken on charge, except |or in paragraphs (c), (d), and (e), of nondelivery of an entire shipment or on that if the discharge shall have been customs Form 5931, in the case of a *7® section, prior application or approval obtained improperly or fraudulently the oi such diversion is not required. partial shortage. period shall be 2 years. No claim for (b) The district director of customs at (d) If merchandise covered by a TIR payment under a TIR carnet shall be ne port to which merchandise is diverted carnet cannot be recovered intact, as made against a guaranteeing association specified in paragraph (b) of this sec­ ®ay permit merchandise in transit under more than 3 years after the date when tion, entry shall not be accepted; there the association was informed that the ?n^er any class of transportation shall be sent to the guaranteeing asso­ sii «° ke entered at his port for con- carnet had not been discharged, or had uniption, warehouse, exportation, fur- ciation a demand for pecuniary penal­ been dicharged subject to a reservation, ties, liquidated damages, duties, and "~r transportation in bond, or under or that the certificate of discharge had y provisions of the tariff laws. taxes as prescribed in § 18.8(e); and, if been obtained improperly or fraudu­ appropriate, there shall also be sent to hear! ™>en merchandise which has lently. However, in cases which become the initial bonded carrier a demand for the subject of legal proceedings during -'leered to the district director at any excess, as provided in § 114.22(c) (3) ofH'P°r « original destination or port the above-mentioned 3-year period, no of this chapter. Demands shall be made claim for payment shall be made more t v^ion under any class of transpor- on the forms specified in paragraph (c) otw e^iry is to be forwarded to an- than 1 year after the date when the deci­ of this section. sion of the court becomes enforceable. ein o P°rï or returned to the port of ori- (e) An allowance in duty on mer­ (2) Within 3 months from the date de­ reaùir^eXTftransportation entry shall be chandise reported short at destination, ** the merchandise is moving including merchandise found by the ap­ mand for payment is made by the district director as provided by § 18.6(b) (2), the mav Kcover a TIR carnet, the carnet praising officer to be damaged and guaranteeing association shall pay the entryDC accepted as a transportation worthless, and animals and birds found amount claimed, except that if the by the discharging officer to be dead on amount claimed exceeds the liability of at *s desired to split a shipment arrival at destination, shall be made in the guaranteeing association under the Dortinr?* °t destination and to enter a the liquidation of the entry. carnet (see § 114.22(c) (3) of th is and for c°nsumption or warehouse (f) In the case of shipments arriving (jiVPrfor5 ard the balance in bond, or to chapter), the carrier shall pay the in the United States by rail or seatrain excess. The amount paid shall be re­ then*# * entire shipment or a part which are forwarded under customs in- ^»4. J to more than one port, the dis­ funded if, within a period of 1 year from bond seals under the provisions of Sub­ the date on which the claim for payment take« .ect°r at the port where diversion part D of Part 123 of this chapter, and tran«Qniace ®kaH complete the original was made, it is established to the satis­ § 18.11, or § 18.20, a notation shall be faction of the Commissioner of Customs a Ha*«nem a+:lon and oiidiishall require thetne nnngfiling oiof made by the carrier or shipper on the the norf.anspor*aüon entry or entries for that no irregularity occurred. The dis­ in-bond manifest, customs Form 7512, trict director may canel liquidated dam­ case**;?011 or Portions forwarded. In the to show whether the shipment was trans­ ages assessed against the guaranteeing tra ^ Æ ^ of merchandise .being ferred to the car designated in the mani­ S B W V - C°ver of a TÏR carnet, fest or whether it was laden in the car in association to the extent authorized by knitted P f & shipment sha11 not be the foreign country, which shall be paragraph (d) of this section. named. Section 18.11 is amended as follows: tond diversion of shipments in (Se6s. 551, 552, 553, 46 Stat. 742, as amended; Paragraphs (a), (b), (c), (f), (g), and restrii>+-1C^ are on importation to 19 U.S.C. 1551, 1552, 1553) (h) are amended and a new paragraph lon or Prohibition under quaran­ Section 18.7(a) is amended to read: (i) is added to read as follows;

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4488 RULES AND REGULATIONS

§ 18.11 Entry; classes of goods for transportation entry, invoice, and mani­ complished at the port of destination be­ which entry is authorized; form used. fest. If customs Form 7512 is used, a fore the expiration of the warehousing (a) Entry for immediate transporta­ minimum of three copies shall be re­ period, including any lawful extension tion without appraisement may be made quired at the port of origin. The district thereof. The withdrawal document shall under section 552, Tariff Act of 1930,6 (1) director, however, may require additional be customs Form 7512, five copies of for any merchandise, except explosives copies of customs Form 7512 or the which shall be required at the port of and prohibited merchandise, upon its Goods Manifest of the carnet for use in origin. However, the district director at arrival at a port of entry, or (2) for connection with the delivery of the mer­ the port of origin may require an extra merchandise in general-order warehouse chandise to the bonded carrier. In lieu of copy or copies to be furnished for use in at any time within 1 year from the date additional/copies of the Goods Manifest, connection with the delivery of the mer­ of importation. the district director may accept copies of chandise to the bonded carrier named in a bill of lading covering the merchandise. the withdrawal document. In the case of (b) Entry for immediate transporta­ The merchandise shall be described in alcoholic beverages, two extra copies tion without appraisement may be made such detail as to enable the district direc­ shall be required for use in furnishing by (1) the carrier bringing the merchan­ tor to estimate the duties and taxes, if the duty statement to the district direc­ dise to the port of arrival, (2) the carrier any, due. The district director may re­ tor at destination. A person in whom the who is to accept the merchandise under quire evidence to satisfy him of the fight to withdraw the merchandise to be its bond or a TIR carnet for transporta­ approximate correctness of the value or so transported has not previously been tion to the port of destination, or (3) any quantity stated in the entry. If a TIR vested in accordance with § 8.39 of this person shown by the bill of lading or carnet is used, and the duties and taxes chapter may make such withdrawal by manifest, a certificate of the importing estimated to be due exceed the maximum (1) depositing a withdrawal for trans­ carrier, or by any other document satis­ liability of the guaranteeing association portation on which is endorsed an as­ factory to the district director of cus­ sent to the withdrawal by the person in toms, to have a sufficient interest in the under the carnet, the provisions of § 114.22(c) (3) of this chapter shall apply. whom the right of withdrawal is then merchandise for that purpose. vested and (2) filing with such endorsed (c) Before a shipment covered by an (i) The value stated on the entry at the port of first arrival is not binding on withdrawal the bond provided for in entry for immediate transportation, in­ § 8.39(a) of this chapter. cluding a TIR carnet, or a manifest of the ultimate consignee making entry at the port of destination and does not re­ baggage shipped in bond (other than lieve the importer of the obligation to baggage to be forwarded in bond to a Section 18.19 is amended to read: show the correct value on'entry. customs station—see § 18.13(a)), shall § 18.19 Procedure. be allowed to be transported directly to Section 18.12 is amended as follows: a place of deposit outside a port of entry Paragraphs (d) and (e) are amended to (a) Direct exportation. When mer­ for examination and release as contem­ read: chandise is withdrawn from warehouse plated by section 484(f), Tariff Act of for exportation without transportation § 18.12 Entry at port of destination. in bond to another port, five copies of 1930, as amended,6 the consent of the * * * * * district director of customs for the port customs Form 7512, or three copies of of entry designated in the transportation (d) All importations forwarded under customs Form 7506 as to merchandise entry or baggage manifest (or in the immediate transportation without ap­ being exported under cover of a TIR event of diversion under § 18.5, for the praisement entries (including TER car- carnet, shall be filed. However, the dis­ port of destination of the merchandise nets) shall be held by the bonded carrier trict director of customs may require an or baggage) must first be secured. Be­ at the port of destination until released extra copy or copies of Form 7512 or 7506 fore consent may be given, the im­ by the district director of customs. to be furnished for use in connection with porter must furnish such district di­ (e) All merchandise included in an the delivery of the merchandise to the rector with a stipulation that, promptly immediate transportation without ap­ exporting carrier named in the with­ upon the arrival of any part of the mer­ praisement entry (including a H R car- drawal document. chandise or baggage at the place of net) not entered within 5 days, exclusive (b) Indirect exportation. (1) When deposit, he will file an entry for the of Sundays and holidays, after delivery merchandise is withdrawn from ware­ shipment at the port of entry designated of the manifest to the district director at house for transportation and exporta­ in the transportation entry or baggage the port of destination shall be treated as tion, five copies of customs Form 7512, manifest (or in the event of diversion unclaimed unless the district director, or three copies of customs Form 7506 as under § 18.5, at the port of destination with the concurrence of the carrier, au­ to merchandise to be exported under of the merchandise or baggage) and will thorizes in writing a longer time. cover of a TIR carnet, shall be required at the port of withdrawal. However, the comply with the provisions of § 14.2(f) (Secs. 484, 552, 46 Stat. 722, as amended, 742; of this chapter. 19 U.S.C. 1484, 1552) district director may require an extra * * * * * copy or copies to be furnished for use Paragraph (b) of § 18.13 is amended in connection with the delivery of tne (f) One or more entire packages of to read: merchandise to be bonded carrie merchandise covered by an invoice from named in the withdrawal document. one consignor to one consignee may be § 18.13 Procedure; manifest. * * ♦ * * (2) The merchandise shall be for­ entered for consumption or warehouse warded in accordance with the geue-J\ at the port of first arrival, and the re­ (b) A customs manifest for baggageprovisions for transportation in bona, mainder entered for immediate trans­ shipped in bond, customs Form 7520, portation without appraisement, shall be prepared in triplicate for each §§ 18.1-18.8. . . (3) If any part of a shipm ent is not provided all the merchandise covered by shipment. Two copies of Form 7520 and the invoice is entered simultaneously the related customs Form 7512-C (du­ exported, or if a shipment is divided and any H R carnet which may cover plicate) shall be delivered to the carrier the port of exportation, extracts m such merchandise is discharged as to to accompany the baggage and shall be plicate from the manifest on file u* that merchandise. delivered by the carrier to the district customhouse shall be made on eusw. e Form 7512 for each part, one copy « (g) Several importations may be con­ director of customs at the port of desti­ nation as a notice of arrival. sent to the discharging inspector ana solidated in one immediate transporta­ other to the lading inspector to be_ tion without appraisement entry when * , * * * * as a report of exportation. The spl bills of lading or carrier’s certificates Section 18.16(a) is amended to read: name only one consignee at the port of up for exportation of shipments arnvi first arrival. However, merchandise mov- § 1 8 .1 6 Form of withdrawal; time. under warehouse withdrawals for tr ing under cover of a TIR camet may not (a) Merchandise may be withdrawn portation and exportation shall be P be consolidated with other merchandise, from warehouse for transportation to mitted only when various portions d' (h) Either customs Form 7512 or a another port of entry if withdrawal for shipment are destined to different TIR carnet shall be used as a combined consumption or exportation can be ac- nations, when the export vessel ca

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 RULES AND REGULATIONS 4489 properly accommodate the entire quan­ period not exceeding 90 days. Upon with the procedure in § 18.20. No bond on tity, or in other similar circumstances. further application, additional exten­ customs Form 7557 or 7559 shall be re­ In the case of merchandise moving under sions of 90 days or less, but not to ex­ quired as the bond of the importing car­ cover of a TIR carnet, if the merchan­ ceed 1 year from the date of importa­ rier is sufficient to insure the safekeep­ dise is not to be exported or if the ship­ tion, may likewise be granted by the ing of the merchandise pending its ex­ ment is to be divided, appropriate entry district director.® The district director portation. In the case of merchandise shall be required and the carnet dis­ may take possession of the merchandise prohibited entry by any Government charged. The provisions of §§ 18.23 and at any time. agency, that fact shall be prominently 18.24 shall also be followed in applicable (b) The splitting up of a shipment fornoted on customs Form 7512 for the information of the district director of cases. exportation shall be permitted when ex­ (c) Withdrawal statement required. portation in its entirety is not possible customs at the port of exportation. If Each withdrawal for exportation or by reason of the different destinations to the merchandise was imported under withdrawal for transportation and ex­ which portions of the shipment are cover of a TIR carnet, the carnet shall portation shall contain the summary destined, when the exporting vessel can­ be discharged or canceled at the port statement prescribed for withdrawals in not properly accommodate the entire of importation and the merchandise transported under an entry on customs § 8.37

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 No. 45------5 4490 RULES AND REGULATIONS

(b) The district director shall follow against the bond shall be canceled by identified in § 114.2 and with the regu­ the procedure provided in § 18.42 in re­ the district director of customs without lations in this part shall serve as an spect to examination of the merchandise, regard to the amount thereof, the liqui­ entry document within the scope con­ supervision of loading, sealing or label­ dated damages, if paid, shall be refunded templated by the applicable Convention ing, and affixing of TIR plates. He shall by the regional commissioner of customs, and as a bond for the performance of remove one voucher from the carnet, ex­ and an appropriate notation shall be • acts in compliance with the provisions of ecute the appropriate counterfoil, and re­ made on customs Form 5955 or 5955-A, such Convention and the Customs stat­ turn the carnet to the carrier or agent if the transaction has already been re­ utes and regulations which are involved. to accompany the container or road ve­ corded thereon. Such carnet shall : hicle to the port of actual exportation. (b) When it is determined that liqui­ (1) Show the period for which it is (c) At the port of actual exportation, dated damages assessed or paid for any valid, the carnet and the container (or heavy shortage, irregular delivery, or nondeliv­ (2) Be fully completed in accordance or bulky goods) or road vehicle shall be ery of merchandise covered by a TIR with the provisions of the Convention presented to the district director who carnet did not in fact accrue, the liqui­ which provides for its issuance, and shall verify that seals or labels are intact dated damages shall be canceled and, if (3) Include an English translation and that there is no evidence of tamper­ paid, refunded, as provided by § 18.8 of whenever the goods covered by a camet ing. After verification, the district direc­ this chapter. are described in another language. tor shall remove the appropriate voucher (c) When it is determined that liqui­ (b) Area of validity. Carnets are valid from the carnet, execute the counterfoil, dated damages assessed.or paid for fail­ in the customs territory of the United and return the carnet to the carrier or ure to properly reexport or destroy States which includes only the States, agent. merchandise temporarily imported under the District of Columbia, and Puerto cover of an A.T.A. or E.C.S. carnet did Rico. ✓ § 18.44 Abandonment of exportation. not in fact accrue, the liquidated dam­ § 114.11 [Amended]' In the event that exportation is aban­ ages shall be canceled and, if paid, re­ doned at any time after merchandise funded, as provided by § 10.39 of this Paragraph (a) of § 114.11 is amended has been placed under cover of a TIR chapter. by changing the caption to read “Docu­ carnet, the carrier or agent shall de­ (d) When the determination of ments to be furnished.” and by adding liverable carnet to the nearest customs whether or not the qharge was errone­ the following sentence at the end office or to the customs office at the port ously made depends upon a construction thereof: “ Evidence of affiliation with an of origin for cancellation (see § 114.26(c) of law, the charge shall not be canceled appropriate international organization of this chapter). When the carnet has without Bureau approval, unless there is shall also be required if affiliation with been canceled, the carrier or agent may in force a Bureau ruling decisive of the such an organization is required by the remove customs seals or labels and un­ issue. Bureau instructions shall be re­ Convention under which carnets are to load the container (or heavy or bulky quested in all doubtful cases. be issued or guaranteed.” Section 114.12 is amended as follows: goods) or road vehicle without customs (Sec. 623, 46 Stat. 759, as amended; 19 U.S.C. Paragraphs (a) and (c) are amended supervision. 1623) to read: § 18.45 Supervision of exportation. §114.12 Termination o f approval. pa rt 114— c a r n ets The provisions of §§ 18.41 through (a) For cause. The Commissioner may 18.44 do not require the district director Section 114.1 is amended as follows: suspend or revoke the approval previ­ Paragraphs (d) and (e) are amended of customs at the port of actual expor­ ously given to any issuing association or tation to verify that merchandise mov­ and a new paragraph (f) is added to guaranteeing association for failure or ing under cover of a TIR carnet is loaded read: refusal to comply with the duties, obli­ on board the exporting carrier. § 114.1 Definitions. gations, or requirements set forth in its ***** written undertaking on which the aP* PART 21— CARTAGE AND (d) A.T.A. carnet. “ A.T.A. cam et” oroval was based; in the apphcaoie LIGHTERAGE (Admission Temporaire—Temporary Customs Convention; or in the customs Admission) means the document repro­ regulations; or upon termination of tn^ Section 21.8(a) is amended to read: duced as the Annex to the Customs Con­ affiliation with an appropriate interna­ § 21.8 Liability; reports of loss or vention on the A.T.A. Camet for the tional organization required by § l 14- (a ). Before such suspension or revoca­ damage. Temporary Admission of Goods (TIAS 6631). tion, the Commissioner shall give to (a) The cartman or lighterman con­ association a reasonable opportunity veying the merchandise, including mer­ (e) E.C.S. carnet. “ E.C.S. cam et” chandise covered by a TIR camet which (Echantillons Commerciaux—Commer­ has not been “taken on charge” (see cial Samples) means the document re­ * * * * * § 114.22(c)(2) of this chapter), shall be produced as the Annex to the Customs (c) Notice. Notice of the suspension liable under his bond for its prompt de­ Convention on the E.C.S. Carnets for or revocation of the approval of an iss livery in sound condition, or in no worse Commercial Samples (TIAS 6632). ing association or a guaranteeing asw- than the damaged condition noted on (f) TIR carnet. “TIR carnet” (Trans­ ciation, or of the withdrawal 01 ... port International Routier) means the approved guaranteeing association, the delivery ticket, customs Form 6043, document reproduced as Annex 1 to the respect to a Customs Convents Elliott Fisher ticket, or customs Form Customs Convention on the Interna­ which the United States has acceded 7502-A, 7506, or 7512, if damage is so tional Transport of Goods under Cover be published in the F ederal R egister w noted. Any negligence, dishonest or de­ of TIR Carnets (HAS 6633). the Commissioner. . ceptive practice, or carelessness shall be Section 114.2 is amended by adding Section 114.22 is amended by adding cause for revocation of the license. paragraph (c) reading: paragraph (c) reading: ***** §1 1 4 .2 Customs conventions. §1 1 4 .2 2 Coverage o f carnets.

* * * * * * * * * * PART 25— CUSTOMS BONDS (c) Customs Convention on the Inter­ (c) TIR carnet.— (1) Use. 'H ieT . national Transport of Goods under carnet may be accepted at any ^ ^ is e Section 25.19 is amended to read: Cover of TIR Carnets (hereinafter re­ entry for the transport of mere § 25.19 Cancellation of erroneous ferred to as TIR Convention). in road vehicles or in containers, charges. Section 114.3 is amended as follows: the containers, without being loa (a) When it is determined that liqui­§ 114.3 Carnets. road vehicles, are carried by other1116 dated damages assessed or paid under a (a) Use. A carnet issued in conform­of transport for part of the journey bond did not in fact accrue, the charge ity with the provisions of a Convention tween the customs offices of depa

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 RULES AND REGULATIONS 4491 and destination. The TIR carnet may stamped “Not Taken on Charge” (see the port of departure from the United also be accepted for the transport of § 114.22(c)(2)). If merchandise not re­ States. “heavy or bulky goods” as defined in quired to be transported inbond moving * * * * * Article 1 of the TIR Convention. The TIR under cover of a TIR carnet is not ex­ (Sec. 553, 46 Stat. 742, as amended; 19 U.S.C. carnet covers the transportation of mer­ ported, the carnet shall be stamped 1553) chandise for customs purposes only. “Cancelled.” [FR Doc.71-3179 Filed 3-5-71;8:49 am] Road vehicles transporting merchandise Section 114.31 is amended to read: under cover of a TIR carnet must also § 114.31 Restrictions. comply with all other applicable require­ ments of Federal and State agencies con­ (a) Mail importations. Carnets shall cerned with the regulations of such ve­ not be accepted for importations by mail. Title 21— FOOD AND DRUGS hicles and their personnel. (b) Temporary importations. Mer­ Chapter I— Food and Drug Adminis­ chandise not entitled to temporary im­ (2) Taken on charge. A H R carnet is tration, Department of Health, Ed- “taken on charge” by Customs when it is portation under bond shall not be im­ accepted as a transportation entry and ported under cover of ap A.T.A. or . ucation, and Welfare when the shipment covered thereby is E.C.S. oarnet. SUBCHAPTER C— DRUGS receipted for by the bonded carrier (see (c) Transportation in bond. Except as §§ 18.1, 18.2, and 18.10(a) of this chap­ provided in § 18.43 of this chapter, mer­ PART 148t— VIOMYCIN ter). Until the carnet is “ taken on chandise not entitled to transportation Effective on publication in the F ederal charge,” the guaranteeing association in bond shall not be transported under R egister (3-6-71), Part 148t is repub­ shall have no liability to the United cover of a TIR carnet. lished as follows to incorporate editorial States under the carnet. and nonrestrictive technical changes. (3) Excess liability. When the total of PART 123— CUSTOMS RELATIONS This order revokes all prior publications. duties and taxes on any shipment cov­ WITH CANADA AND MEXICO §. 148t.l Sterile viomycin sulfate. ered by a TIR carnet exceeds the amount for which the guaranteeing association Section 123.42 is amended as follows: (a) Requirements for certification— is liable, the excess constitutes a charge Subparagraph (1) of paragraph (a) (1) Standards of identity, strength, qual­ against the Carrier’s Bond of the car­ and that portion of paragraph (b) which ity, and purity. Viomycin sulfate is the rier which receipts for the merchandise precedes subparagraphs (1), (2), and sulfate salt of viomycin. It is so purified in accordance with § 18.2(a) of this (3) are amended to, read: and dried that: chapter. § 123.42 Truck shipments transiting the (1) Its potency is not less than 700 Section 114.23 is amended to read: United States. micrograms of viomycin per milligrams, on an anhydrous basis. If it is packaged § 114.23 Maximum period. (a) Procedure at U.S. port of arrival— for dispensing, its potency is satisfactory (a) A.T.A. and E.C.S. carnet. No A.T.A. (1) Combined inward foreign and in­ if it is not less than 90 percent and not or E.C.S. carnet with a period of validity transit manifest. Trucks with merchan­ more than 115 percent of the number of exceeding 1 year from date of issue shall dise transiting the United States from milligrams of viomycin that it is repre­ be accepted. point to point in Canada shall present a sented to contain. (b) TIR carnet. A TIR carnet may be combined inward foreign and in-transit (ii) It is sterile. accepted without limitation as to time manifest on customs Form 7512-B, Can­ (iii) It is nonpyrogenic. provided it is initially “taken on charge ada 8-1/2, to the customs officer at the (iv) It passes the safety test. by a customs administration (United port of arrival. The customs officer shall (v) It contains no histamine nor his­ States or foreign) within the period of note on the form over his initials the tamine-like substances. validity shown on its front cover. seal numbers or the waiver of sealing, (vi) Its loss on drying is not more than Section 114.26 is amended to read: retain the original, and return three 5 percent. copies with the related customs Form (vii) Its pH in an aqueous solution § 114.26 Discharge, nonacceptance, or 7512-C (duplicate) to the person in containing 100 milligrams per milliliter is cancellation o f carnets. charge of the carrier to accompany the not less than 4.5 and not more than 7.0. (a) Unconditional discharge. An A.T.A. shipment for presentation and certifica­ (viii) Its absorption maximum at ap­ or E.C.S. carnet shall be discharged un­ tion at the port of exit. proximately 268 nanometers does not conditionally by the district director of * * * * * vary more than ±3 nanometers from that customs when he is satisfied that all mer­ (b) Procedure at U.S. port of exit. The of the viomycin working standard, simi­ chandise covered thereby is reexported driver shall present the returned copies larly treated. or destroyed. A TIR carnet shall be dis­ of the manifest and the related customs (ix) It is crystalline. charged unconditionally when all me- Form 7512-C (duplicate) to the customs (2) Packaging. In addition to the re­ chandise covered thereby has been prop­ officer at the U.S. port of exit. The cus­ quirements of § 148.2 of this chapter, if erly entered, placed in general order, or toms officer shall check the numbers and it is packaged for dispensing the viomy­ exported under customs supervision. In condition of the seals and record and cin content shall be 1 gram or 5 grams of all other cases, any discrepancy shall be certify his findings on all copies of the viomycin per immediate container. noted on the appropriate counterfoil, manifest, returning two copies to the (3) Labeling. It shall be labeled in ac­ action shall be taken in accordance person in charge of the carrier. The cordance with the requirements of "Mh § 10.39 or § 18.6 of this chapter. check shall be made as follows: § 148.3(b) of this chapter. (4) Requests for certification; sam­ (b) Effect of discharge. When a dis­ * * * * * trict director has discharged a carnet un­ ples. In addition to the requirements of conditionally by completion of the ap­ Section 123.64(b) is amended to read: § 146.2 of this chapter, each such request propriate counterfoil, no claim may be § 123.64 Baggage in transit through the shall contain: Drought against the guaranteeing asso- United States between ports in Can­ (i) Results of tests and assays on the lation for payment under the carnet un- ada or in Mexico. batch for potency, sterility, pyrogens, pj®s rt can be established that the dis- * * * * * safety, histamine, loss on drying, pH, narge was obtained improperly or (b) In-transit manifest. Three copiesidentity, and crystallinity. ^uduientiy or, in the case of an A.T.A. of the manifest on customs Form 7520 (ii) Samples required: b carnet, that there has been a shall be required. One copy of the Form (a) If the batch is packaged for re­ i.v.eac x °* the conditions of temporary 7520 and related customs Form 7512-C packing or for use in the manufacture of “nportation. (duplicate) shall be delivered to the per­ another drug: tti? Nonacceptance or cancellation of son in charge of the carrier to accom­ (i) For all tests except sterility; A l-** comefs. If a TIR carnet presented pany the baggage and shall be delivered minimum of 10 packages, each contain­ customs is not accepted, it shall be by the carrier to the customs officer at ing 300 milligrams.

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4492 RULES AND REGULATIONS

(2) For sterility testing: 20 packages, the resultant preparation, remove an (8) Identity— (i) Phosphate buffer each containing approximately 300 accurately measured representative por­ solution. JMix 296.3 milliliters of 0.1JV milligrams. tion from each container. Further dilute sodium hydroxide with 500 milliliters of (b) If the batch is packaged for the stock solution with sterile distilled 0.05M potassium phosphate (6.805 grams dispensing: water to the reference concentration of of KH2PCh per 1,000 milliliters of water) (2) For all tests except sterility: A 100 micrograms of viomycin per milli­ and dilute with sufficient water to make minimum of 12 immediate containers. liter (estimated). 1 liter. (2) For sterility testing: 20 immedi­ (2) Sterility. Proceed as directed in (ii) Procedure. Dissolve th e working ate containers, collected at regular inter­ § 141.2 of this chapter, using the method standard and the sample to be tested in vals throughout each filling operation. described in paragraph (e) (1) of that sufficient potassium p h o sp h a te buffer (b) Tests and methods of assay— t1) section. solution to give solutions containing 10 Potency. Proceed as directed in § 141.111 (3) Pyrogens. Proceed as directed in micrograms per milliliter. Measure the of this chapter, preparing the sample § 141.4(a) of this chapter, using a solu­ ultraviolet absorption of each solution in for assay as follows: Dissolve an accu­ tion containing 10 milligrams of vio­ a suitable spectrophotometer. Compare rately weighed sample in sufficient sterile mycin per milliliter. the spectrum of the sample qualitatively distilled water to give a stock solution (4) Safety. Proceed as directed in with that of the standard. of convenient concentration; and also if § 141.5 of this chapter. (9) Crystallinity. Proceed as directed (5) Histamine. Proceed as directed in in § 141.504(a) of this chapter. it is packaged for dispensing, reconstitute § 141.7 of this chapter. (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. as directed in the labeling. Then using a (6) Loss on drying. Proceed as direc­ 357) suitable hypodermic needle and syringe, ted in § 141.501(b) of this chapter. Dated: February 20,1971. remove all of the withdrawable contents (7) pH. Proceed as d i r e c t e d in if it is represented as a single dose con­ § 141.503 of this chapter, using an aque­ • H. E. S im m o n s , tainer; or if the labeling specifies the ous solution containing 100 milligrams of Director, Bureau of Drugs. amount of potency in a given volume of viomycin per milliliter. [PR Doc.71-3152 Piled 3-5-71;8:47 am]

Title 24— HOUSING AND HOUSING CREDIT Chapter VII— Federal Insurance Administration, Department of Housing and Urban Development SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM PART 1914— AREAS ELIGIBLE FOR THE SALE OF INSURANCE List of Designated Areas Section 1914.4 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1914.4 List o f designated areas. ♦ * ♦ * * * * Effective date of authorization County Location Map No. State map repository Local map repository State of sale of flood insurance for area

• * * * • • ••• * * * * * * * * * Alaska____ Fairbanks Remainder...... __ E 02 039 0000 01___ Local Affairs Agency, Office of the Office of the Fairbanks North Star Mar. 5,1971. North Star E 02 039 0000 02 Governor, Juneau, Alaska 99801. Borough Planning Department, Borough. Alaska Insurance Department, Room 510-512 2d Ave., Fairbanks, A K 416, Goldstein Bldg., Pouch D, 99701. 0 Juneau, A K 99801. California. Contra Costa. El Cerrito...______E 06 013 1100 01___Department of Water Resources, Post City Hall, 10890 San Pablo Ave., El Do. E 06 013 1100 02 Office Box 388, Sacramento, CA Cerrito, CA 94530. 95802. California Insurance Department, 107 South Broadway, Los Angeles, CA 90012, and 1407 Market St., San Francisco, CA 94103. Do San Diego. Unincorporated E 06 073 0000 01______-do______- Office of the Director, Department of Do. areas. Sanitation and Flood Control, San Diego County Project Works Agency, County Operations Center, 5555 Overland Ave., San Diego, CA 92123. Do San Mateo. Portola VaUey___ E 06 081 2898 01 -do- Portola Valley Town Hall, 4141 Alpine through Rd., Portola Valley, CA 94025. DO. E 06 081 2898 04 Hawaii Hawaii Remainder______E 15 001 0000 01 Department of Land and Natural Re- Office of the County of Hawaii Plan- Do. through sources, Box 621, Honolulu, H I ning Department, 25 Aupuni St, E 15 001 0000 04 96809. Hilo, H I 96720. Hawaii Insurance Department, Box \ 3614, Honolulu, H I 96811. New Jersey, Cape May. North Wildwood.. 1 34 009 2280 02___ New Jersey Department of Environ­ Office of the Tax Collector, City of Do; mental Protection, Division of North Wildwood, 901 Atlantic Ave., Water Policy and Supply, Box 1390, North Wildwood, NJ 08260. Trenton, NJ 08625. Department of Banking and Insur­ ance, State House Annex, Trenton, NJ. 08625. New York. Nassau. Long Beach.____ _ E 36 059 3360 0 1 ... New York State Department of Con­ City Hall, 1 West Chester St., Long Do; servation, State Campus, Albany, Beach, N Y 11561. N .Y . 12226. New York State Insurance Depart­ ment, 123 William St., New York, N Y 10038, and 324 State St., Albany, N Y 12210.

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 RULES AND REGULATIONS 4493

Effective date State County Location Map No. State map repository Local map repository of authorization of sale of flood insurance for area

Oklahoma...... Stephens...... ___. C om anche.._____ . E 40 137 1070 0 1 ... Oklahoma Water Resources Board, City Hall, City of Comanche, Co­ Do. 2241 Northwest 40th St., Oklahoma manche, OK 73529. City, O K 73112. Oklahoma Insurance Department, Room 408 Will Rogers Memorial Office Bldg., Oklahoma City, OK 73105. Taras___...... C om äl...... ____Unincorporated E 48 091 0000 0 1 ... Texas Water Development Board, Office of the Road Administrator for Do. areas. 301 West 2d St., Austin, T X 78711. Comal County, Room 309 County Texas State Board of Insurance, 1110 Courthouse, New Braunfels, T X San Jacinto St., Austin, T X 78701. 78140. West Virginia.. . Logan...... West Logan______. E 54 045 2770 01... Department of Insurance, State of Office of the Recorder, City Hall, Do. West Virginia. State Capitol, West Logan, WV 25601. Charleston, WV 25305. Department of Insurance, State of West Virginia, State Capitol, Charleston, WV 25305. Wisconsin...... „ W ood...... Unincoporated E 55 141 0000 0 1 ... Department of Natural Resources, Office of City-County Planning, Do. areas. Post Office Box 450, Madison, Wl Room 319, Wood County Court­ 53701. house, Wisconsin Rapids, WI 54494. Wisconsin Insurance Department, 4802 Sheboygan Ave., Madison, WI 53081.

(National Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 F.R. 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary's delegation of authority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969) Issued: March 5, 1971. G eorge K. B ernstein, Federal Insurance Administrator. [FR Doc.71-2991 Filed 3-5-71;8:45 am]

PART 1915— IDENTIFICATION OF FLOOD-PRONE AREAS List of Flood Hazard Areas Section 1915.3 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1915.3 List o f flood hazard areas. * * * * • * *

Effective date of ®tete County Location Map No. State map repository Local map repository identification of areas which have special flood hazards

* * * * * * * * * * * * * * * * * * Alaska. Fairbanks North Remainder. T 02 039 0000 01__ Local Affairs Agency, Office of the Office of the Fairbanks North Star Mar. 5,1971. Star Borough. T 02 039 0000 02 ■ Governor, Juneau, Alaska 99801. Borough Planning Department, Alaska Insurance Department, Room 510-512 2d Ave., Fairbanks, AK 416, Goldstein Bldg., Pouch D, 99701. Juneau, A K 99801. California...... Contra Costa____El Cerrito T 06 013 1100 01___Department of Water Resources Post City Hall, 10890 San Pablo Ave., El Do. T 06 013 1100 02 Office Box 388, Sacramento, CA Cerrito, CA 94530. 95802. California Insurance Department, 107 South Broadway, Los Angeles, CA 90012, and 1407 Market St., San Francisco, CA 94103...... San Diego U nincorporated T 06 073 0000 Ô1______d o .______Office of the Director, Department of Do. areas. Sanitation and Flood Control, San Diego County Project Works Agency, County Operations Center, 5555 Overland Ave., San Diego, CA 92123. Do...... San Mateo...... Portola Valley_____T 06 081 2898 01 ____ d o...... - ______Portola Valley Town Hall, 4141 Alpine Do through Rd., Portola Valley, CA 94025. Hawaii T 06 081 2898 04 ...... Hawaii...... Remainder______T 15 001 0000 01 Department of Land and Natural Re- Office of the County of Hawaii Plan- Do. through sources, Box 621, Honolulu, HI ning Department, 25 Aupuni St., T 15 001 0000 04 96809. Hilo, H I 96720. Hawaii Insurance Department, Box NewTorc . 3614, Honolulu, H I 96811. ersey...... Cape May______North Wildwood.. H 34 009 2280 02.. New Jersey Department of Environ­ Office of the Tax Collector, City of Aug. 6, 1970. mental Protection, Division of Water North Wildwood, 901 Atlantic Ave., Policy and Supply; Box 1390, Tren­ North Wildwood, NJ 08260. ton, NJ 08625. Department of Banking and Insur­ ance, State House Annex, Trenton, New Ynrv . . N . J. 08625. rK...... Nassau...... Long Beach...... T 36 059 3360 01.. New York State Department of Con­ City Hall, 1 West Chester St., Long Mar. 5,1971. servation, State Campus, Albany, Beach, N Y 11561. N .Y . 12226. New York State Insurance Depart­ ment, 123 William St., New York, N Y 10038, and 324 State St., Albany, N Y 12210.

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4494 RULES AND REGULATIONS

Effective date oi L State County Location Map No. State map repository Local map repository identification oi | areas which havel special flood hazards Oklahoma____ Stephens...... Comanche. T 40 137 1070 01___Oklahoma Water Resources Board, City Hall, City of Comanche, Co­ Do7 I 2241 Northwest 40th St., Oklahoma manche, Okla. 73529. City, O K 73112. Oklahoma Insurance Department, Room 408, Will Rogers Memorial Office Bldg., Oklahoma City, OK 73105. Texas...... C o m a l...... Unincorporated T 48 091 0000 01___Texas Water Development Board, Office of the Road Administrator for Do. areas. 301 West 2d St., Austin, T X -78711. Comal County, Room 309, County Courthouse, New Braunfels, T X 78140. Texas State Board of Insurance, 1110 San Jacinto St., Austin, T X 78701. West Virginia__ Logan...... West L o g a n ..... T 54 045 2770 01__ Department of Insurance, State of Office of the Recorder, City Hall, Do. West Virginia, State Capitol, West Logan, WV 25601. Charleston, WV 25305. Department of Insurance, State of West Virginia, State Capitol, Charleston, WV 25305. Wisconsin...... W ood...... Unincorporated T 55 141 0000 01___Department of Natural Resources, Office of City-County Planning, Room Do. areas. Post Office Box 450, Madison, WI 319, Wood County Courthouse, Wis­ 53701. consin Rapids, WI 54494. Wisconsin Insurance Department, 4802 Sheboygan Ave., Madison, WI 53081.

(National Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 F.R.J 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary’s delegation] of authority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969) Issued: March 5, 1971. G eorge K. Bernstein, Federal Insurance Administrator. [FR Doc.71-2992 Filed 3-5-71;8:45 am]

reservoir areas by the general public for Colorado Title 36— PARKS, FORESTS, boating, swimming, bathing, fishing, and Cherry Creek Dam and Reservoir Area, other recreational purposes will not be Cherry Creek. AND MEMORIALS contrary to the public interest and will John Martin Lake Area, including Lake not be inconsistent with the operation Hasty, Arkansas River. Chapter III— Corps of Engineers, and maintenance of the lake or reservoir Connecticut for their primary purposes, hereby pre­ Department of the Army Colebrook River Lake Area, West Branch j scribes the following rules and regula­ Farmington River. PART 311— PUBLIC USE OF CERTAIN tions pursuant to the provision of section Hop Brook Lake Area, Hop Brook. LAKE AND RESERVOIR AREAS 4 of the Act of Congress approved De­ Hancock Brook Dam Area, H ancock Brook, j cember 22, 1944, as amended (16 U.S.C. Mansfield Hollow Lake Area, Natchaug River. Part 311, Chapter III, of Title 36 of the 460d.), for the public use of certain lake Northfield Brook Lake Area, Northfield River. ; Code of Federal Regulations is- revised Thomaston Dam Area, N augatuck River. and reservoir areas. Such public use is to read as follows: West Thompson Lake Area, Q uinebaug River- also subject to applicable'State, local, Sec. Georgia 311.0 Determination of the Secretary. and other Federal laws and regulations. Allatoona Lake Area, Etowah River. 311.1 Areas covered. §311.1 Areas covered. Buford Dam (Lake Sidney Lanier) Area, 311.2 Boats, commercial. Chattahoochee River. 311.3 Boats and other vessels, private. (a) The regulations contained in this part shall be applicable to: Clark Hill Lake Area, Savannah River. 311.4 Mooring, care and sanitation of boats Hartwell Lake Area, Savannah River. and floating facilities. Arkansas 311.5 Swimming and bathing. Idaho Beaver Lake Area, White River. 311.6 Hunting and fishing. Albeni Falls Dam Area, Pend Oreille River. 311.7 Camping. Blakely Mountain Dam (Lake Ouachita) Lucky Peak Lake Area, Boise River. 311.8 Picnicking. Area, Ouachita River. 311.9 Access to water areas. Blue Mountain Lake Area, Petit Jean River. Illinois Bull Shoals Lake Area, White River. 311.10 Destruction of public property. Carlyle Lake Area, Kaskaskia River. 311.11 Firearms, explosives, fireworks and De Gray Lake Area, Caddo River. other weapons of all kinds. De Queen Lake Area, Rolling Fork River. Indiana 311.12 Gasoline and oil storage. Greers Ferry Lake Area, Little Red River. Millwood Lake Area, Little River. Huntington Lake Area, W&k®®*1 ®iver- 311.13 Sanitation. Mansfield Lake Area, Raccoon Creek. Narrows Dam (Lake Greeson) Area, Little 311.14 Advertisements. Mississinewa Lake Area, Mississinewa R*v 311.15 Unauthorized solicitations and busi­ Missouri River. ness activities. Nimrod Lake Area, Fourche La Fave River. Monroe Lake Area, Salt Creek. 311.16 Commercial operations. Norfolk Lake Area, North Fork River. Salamonie Lake Area, Salamonie River. Table Rock Lake Area, White River. 311.17 Recreational activity programs. I o w a 31,1.18 Abandonment of personal property. California 311.19 Discriminatory practices prohibited. Coralville Lake Area, Iowa River. 311.20 Control of horses, dogs, cats and pets. Black Butte Lake Area, Stony Creek. Rathbun Lake Area, Chariton River. Des 311.21 Visiting hours. Coyote Valley Dam (Lake Mendocino) Area, Red Rock Dam, Lake Red Rock Area, 311.22 Noise levels. Eastern Fork of Russian River. Moines River. 311.23 Vehicles. Harry L. Englebright Lake Area, Yuba River. Isabella Lake Area, Kern River. Kansas Au t h o r it y : The provisions of this Part New Hogan Lake Area, Calaveras River. 311 issued under sec. 4, 58 Stat. 889, as Council Grove Lake Area, Grand (Neosh ) North Fork Lake Area, North Fork American River. amended; 16 U.S.C. 460d. River. Elk City Lake Area, Elk River. § 311.0 Determination of the Secretary. Pine Flat Lake Area, Kings River. Success Lake Area, Tule River. Fall River Lake Area, Fall River. The Secretary of the Army having de­ Terminus Dam (Lake Kaweah) Area, Kaweah Hulah Lake Area, Caney River. termined that the use of certain lake and River. John Redmond Dam and Reservoir

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 RULES AND REGULATIONS 4495

Grand (Neosho) River. New Y ork South Dakota Kanopolis Lake Area, Smoky Hill River. Melvem Lake Area, Marais Dee Cygens River. Almond Lake Area, Canacadea Creek. Big Bend Dam (Lake Sharpe) Area, Mis­ Milford Lake Area, Republican River. East Sidney Lake Area, Ouleout Creek. souri River. Perry Lake Area, Delaware River. Whitney Point Lake Area, Otselic River. Cold Brook Lake Area, Cold Brook. Fort Randall Dam (Lake Francis Cace) Area, Pomona Lake Area, One Hundred Ten Mile North Carolina Missouri River. Creek. Toronto Lake Area, Verdigris River. John H. Kerr Dam and Reservoir Area, Roa­ Gavins Point Dam (Lewis and Clark Lake) Tuttle Creek Lake Area, Big Blue River. noke River. Area, Missouri River. Wilson Lake Area, Saline River. W. Kerr Scott Dam and Reservoir Area, Yad­ Oahe Dam—Lake Oahe Area, Missouri River. kin River. Tennessee K entucky North Dakota Barren River Lake Area, Barren River. Center Hill Lake Area, Caney Fork River. Baldhill Dam and Lake Ashtabula Area, Dale Holow Lake Area, Obey River. Buckhorn Lake Area, Middle Pork of Ken­ Sheyenne River. tucky River. J. Percy Priest Dam and Reservoir Area, Bowman—Haley Lake Area, North Fork of Stones River. Dale Hollow Lake Area, Obey River. Grand River. Dewey Lake Area, Johns Creek. Garrison Dam (Lake Sakakawea) Area, Mis­ Texas Fishtrap Lake Area, Levisa Fork. souri River. Grayson Lake Area, Little Sandy River. Bardwell Lake Area, Waxahachie Creek. Homme Lake Area, Park River. Belton Lake Area, Leon River. Green River Lake Area, Green River. Oahe Dam and Lake Oahe Area, Missouri Nolin Lake Area, Nolin River. Benbrook Lake Area, Clear Fork of the River. River. Rough River Lake Area, Rough River. Ohio Wolf Creek Dam and Lake Cumberland Area, Canyon Lake Area, Gualalupe River. Cumberland River. Alum Creek Lake Area, Alum Creek. Denison Dam (Lake Texoma) Area, Red Berlin Lake Area, Mahoning River. River. Maryland Deer Creek Lake Area, Deer Creek. Ferrells Bridge Dam (Lake O’ the Pines) Area, Youghiogheny River Lake Area, Youghio- Delaware Lake Area, Olentangy River. Cypress Creek. gheny River. Dillon Lake Area, Licking River. Garza—Little Elm Reservoir (Lewisville North Branch of Kokosing Lake Area, KokQ- Dam) Area, Elm Fork, Trinity River. Massachusetts sing River. Grapevine Lake Area, Denton Creek. Barre Falls Dam Area,* Ware River. Paint Creek Lake Area, Paint Creek. Hords Creek Lake Area, Hords Creek. Birch Hill Dam Area, Millers River. Shenango River Lake Area, Shenango River. Lavon Lake Area, East Fork Trinity River. Navarro Mills Lake Area, Richland Creek. Buffumville Lake Area, Little River. Oklahoma Conant Brook Dam Area, Conant Brook. Pat Mayse Lake Area, Sanders Creek. East Brimfield Lake Area, Quinebaug River. Broken Bow Reservoir Area, Mountain Fork Proctor Lake Area, Leon River. Hodges Village Dam Area, French River. River. San Angelo Lake Area, North Concho River. Knightville Dam Area, Westfield River. Canton Lake Area, North Canadian River. Sommerville Lake Area, Yegua Creek. Littleville Lake Area, Middle Branch of West- Eufaula Lake Area, Canadian River. Stillhouse Hollow Dam Area, Lampasas River. field River. Fort Gibson Lake Area, Wolf Creek. Texarkana Lake Area, Sulphur River. Tully Dam Area, East Branch of Tully Fort Supply Lake Area, Wolf Creek. Town Bluff Dam and B. A. Steinhagen Lake River. Keystone Lake Area, Arkansas River. Area, Neches River. West Hill Dam Area, West River. Heyburn Lake Area, Polecat Creek. Waco Lake Area, Bosque River. Westville Lake Area, Quinebaug River. Hulah Lake Area, Caney River. Whitney Lake Area, Brazos River-. Denison Dam (Lake Texoma) Area, Red River, Vermont Mississippi Oologah Lake Area, Verdigris River. Arkabutla Lake Area, Coldwater River. Pine Creek Lake Area, Little River. Ball Mountain Dam Area, West River. Enid Lake Area, Yocona River. Tenkiller Ferry Reservoir and Tenkiller Ferry North Hartland Lake Area, Ottauqueshee Grenada Lake Area, Yalobusha and Skuna Lake Area, Illinois River. River. Rivers. Wister Lake Area, Poteau River. North Springfield'Lake Area, Black River. Townshend Lake Area, West River. Okatibee Lake Area, Okatibee Creek. Oregon Sardis Lake Area, Little Tallahatchie River. Union Village Dam Area, Ompompanoosuc Cottage Grove Lake Area, Coast Fork of Wil­ River. Missouri lamette River. Virginia Bull Shoals Lake Area, White River. Dexter Lake Area, Middle Fork Willamette Clearwater Lake Area, Black River. Bluestone Lake Area, New River. River. John H. Kerr Dam and Reservoir Area, S. Truman Dam and Reservoir Area, Dorena Lake Area, Row River. Roanoke Riven Osage R iver. Fall Creek Lake Area, Fall Creek. John W. Flannagan Dam and Reservoir Area, Norfolk Lake Area, North Fork River, Fern Ridge Dam and Lake Area, Long Tom Pound River. omme de Terre Lake Area, Pomme de Terre River. River. North Fork of Pound River Lake Area, North Foster Lake Area, South Santiam River. Fork of Pound River. Lake Area, Sac River, Green Peter Lake Area, Middle Santiam River. Philpott Lake Area, Smith River. iarne Rock Lake Area, White River. Lookout Point Lake Area, Middle Fork Wil­ aPpapello Lake Area, St. Francis River. lamette River. Washington M ontana Pennsylvania , Chief Joseph Dam Area, Columbia River. Mill Creek Lake Area, Mill Creek. rt Peck Lake Area, Missouri River. Alvin R. Bush Lake Area, Kettle Creek. Bear Creek Lake Area, Lehigh River. West Virginia Nebraska Conemaugh River Lake Area, Conemaugh Bluestone Lake Area, New River. Ga/i? S Point Dam (Lewis and Clark Lake) River. Beech Fork Lake Area, Beech Fork Creek. . Area, Missouri River. Crooked Creek Lake Area, Crooked Creek. Burnsville Lake Area, Little Kanawha River. r an bounty Lake Area, Republican River. Curwensville Lake Area, West Branch Sus­ East Lynn Lake Area, Twelve Pole Creek. quehanna River. New H am pshire R. D. Bailey Lake Area, Guyandotte River. Foster Joseph Sayers Dam Area, Bald Eagle Summersvllle Lake Area, Gauley River. Edw^at! r Dam Area- Blackwater River. Creek. Sutton Lake Area, Elk River. Brook ^iacDowe1^ Dam Area, Nubanusil Loyalhanna Lake Area, Loyalhanna Creek. (b>* In those portions of the lake or Prankb ^ Area> Piscataquog River, Mahoning Creek Lake Area, Mahoning Creek. reservoir area which are now or which Hontiv,? Falls Dam Area, Pemigewasset River Prompton Lake Area, Lackawaxen River. hereafter are managed by other govern­ Otter p °n ^'a^e Area, Contoocook River. Shenango River Lake Area, Shenango River. mental agencies (including State, county, Surrv Lake Area» otter Brook. Tionesta Lake Area, Tionesta Creek. y Mountain Lake Area, Ashuelot River and municipal) pursuant to leases or Youghiogheny River Lake Area, Youghi­ New M exico ogheny River. licenses granted by the Department of the Army, such agencies may make and Concha» ? a,m Area> R io Chama- South Carolina Jemev ke Area> Canadian River. enforce such rules and regulations as are TwoPi aayon Dam Area, Jemez River. Clark Hill Lake Area, Savannah River. necessary, and within their legal - vers Dam Area, Rio Hondo. Hartwell Lake Area, Savannah River. authority.

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4496 RULES AND REGULATIONS

§ 311.2 Boats, commercial. nent mooring point and if equipped with (b) Hunting is restricted to the use ofl (a) No boat, barge or other vessel shall toilets and galley shall not be placed on hunting devices authorized under Fed-[ lakes and reservoirs with small perma­ eral, State, and local laws and] be placed upon or operated upon any regulations. water of the lake or reservoir for a fee or nent pools, or where prohibited by State profit, either as a direct charge to a sec­ and/or local laws and regulations. Such (c) A permit shall be obtained from] vessels may be barred from other lakes ond party, or as an incident to other the District Engineer or his authorized! services provided to a second party, ex­ and reservoirs by the District Engineer representative to construct a duck blind* cept as specifically authorized by lease, with the concurrence of the Chief of on the land and/or water in any lake or! reservoir area listed in § 311.1 except fori .license, or concession contract with the Engineers in those lakes and reservoirs Department of the Army, or except for in which the waters thereof are used for the Wappapello Lake Area, St. Francis! commercial navigation on a lake or res­ domestic water supply when the District River, Mo., on which duck blinds may! ervoir which is navigable by law. Engineer determines that such use is be permitted or prohibited in accordance] (b) All such watercraft authorized for contrary to the public health and safety. with regulations of the Missouri Con-1 servation Commission relative to duck* commercial service, including rental § 311.4 Mooring, care and sanitation of hunting. units, shall have the maximum passenger boats and floating facilities. carrying capacity (number of persons (a) All boats or other vessels when not § 311.7 Camping. authorized by State and local law and/ in actual use must be either removed (a) Camping is permitted only at] or in the absence thereof by ratings fig­ from the lake or reservoir, securely areas dsignated by the District Engineer] ured on Outboard Boating Club manu­ moored at authorized docks or boat­ in charge of the lake or reservoir area] facturers rating) plainly posted in a houses where supervision by the owner or his authorized representative or the] conspicuous place inside the watercraft. or his representative is provided on a 24- managing agency referred to in] § 311.3 ■ Boats and other vessels, private. hour-day basis or placed in the care of a § 311.1(b). marina concessionaire, State or local (a) The operation of boats, houseboats, (b) The length of stay is limited to HI managing agency or other party author­ consecutive days except where the Dis-| cabin cruisers and other vessels on the ized to care for floating equipment on a lake or reservoir for fishing and recrea­ trict Engineer or his authorized repre-l 24-hour-day basis. sentative or the managing agency re-] tional use is permitted except in pro­ (b) All boats, barges, and other vessels ferred to in § 311.1(b) determines hibited areas as contained in regulations or floating facilities will be moored only in this part and as designated by the lesser stay is warranted. However, where! in locations designated by the District ample facilities exist to serve the public] District Engineer in charge of the project. Engineer or his designated representa­ (b) Except for the lakes and reser­ at the time, the length of stay may be I tive. All floating or stationary mooring extended to no more than 30 consecutive] voirs listed in this paragraph, a permit is facilities will be constructed in accord­ days by special permission of the Dis-j required from the District Engineer or ance with approved plans and specifica­ trict Engineer or his authorized repre-j his authorized representative for placing tions and will require a permit, lease or sentative or the managing agency re-1 and operating a vessel on the lake or res­ license approved by the District Engineer ferred to in § 311.1(b). No trailer, tent] ervoir for a period longer than 3 days, or his designated representative. He shall or other camping unit is permitted to unless the boat or other vessel is regis­ have authority to revoke such permits, remain more than 30 consecutive days.] tered and displays a valid State or U.S. leases, or licenses and require removal (c) Camping fees, where applicable, j Coast Guard number. No charge will be of the facility for failure of the permittee, made for this permit. The permit shall will be as posted. lessee or licensee to comply with the (d) Camping equipment shall not be] be kept aboard the vessel at all times terms and conditions of the permit, abandoned or left unattended for 24 that the vessel is in operation on the lake lease, or license or with the regulations hours or more, and such equipment may or reservoir. The District Engineer in in this part. not be placed on a camp site prior to j charge of the area or his authorized representative shall have authority to (c) The discharge of sewage, garbage, actual occupancy. f| or other pollutants in the waters of the (e) The installation by campers oil revoke the permit and to require removal any permanent facility at any camp] of the vessel upon failure of the permittee lake or reservoir from any boat, barge, to comply with the terms and conditions or other vessel on the reservoir is pro­ ground is prohibited. hibited except in accordance with regu­ (f) Campers shall keep their camp- ] of the permit or with the regulations of grounds clean and dispose of combusti- ] this part. lations of the Environmental Protection Idaho Agency, State and local health agencies bles and refuse in accordance wlth structions posted at each campground oj j Albeni Palls Dam Area, Pend Oreille River. permitting such discharge when under­ way in deep waters other than embay- the District Engineer or his author« Washington ments. All such pollutants shall be representative or the managing agen * Chief Joseph Dam Area, Columbia River. deposited ashore at places designated for referred to in § 311.1(b). . J (g) Due to diligence shall be exercise« (c) Unsafe boats or other vessels will such deposit and disposal. in building and putting out camp fires not be permitted on the lake or reservoir. §311.5 Swipiming and bathing. prevent damages to trees and vegetal | The District Engineer may require the and to prevent forest fires and grass n • j applicant for a permit to furnish the con­ Swimming and bathing are permitted struction plans and other information except in prohibited areas designated by (h) Camping equipment shall be com | pertaining to the construction and equip­ the District Engineer or State and local pletely removed and the sites cleaned j ment of the boat or other vessel prior to health authorities. fore the departure of the campers. j issuing a permit for its operation on the § 311.6 Hunting and fishing. (i) Quiet shall be maintained in j lake or reservoir. All boats permitted on camping areas between the hour j (a) Hunting, fishing, and trapping are the lake or reservoir shall be equipped 10 p.m. and 6 a.m. permitted in accordance with all appli­ for safe operation and operated in a safe cable Federal, State and local laws for § 311.8 Picnicking. , j manner in accordance with instructions the protection of fish and game except in issued by the District Engineer. These (a) Picnicking is permitted exceptm prohibited areas including the following: instructions may provide that the opera­ prohibited areas designated by y1 | tion of speed boats and water skiing (1) Public access, park and recreation trict Engineer or his authorized rep activities shall be confined to areas of areas in which all hunting is prohibited; sentative, or the managing age y water designated by the District Engineer (2) Prohibited areas designated by the ferred to in § 311.1(b). . .. j for such activities. District Engineer in which hunting or (b) Picnickers shall keep their_P , (d) Houseboats, cabin cruisers, and fishing or both are prohibited; area clean and dispose of garbrl,rfi0ns other vessels may be placed and operated (3) Prohibited areas designated by refuse in accordance with insf ^ on the lakes and reservoirs, except that Federal or State managing agencies posted by the District Engineer such a facility shall not be utilized for under applicable laws administered by authorized representative or the human habitation at a fixed or perma­ such agencies. ing agency referred to in § ¿1A-

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 RULES AND REGULATIONS 4497

(c) Due diligence shall be exercised in ervoir area without permission in writing origin in the conduct of its operations building and putting out fires to prevent from the District Engineer or in ac­ under the lease, license or concession damages to trees and vegetation and to cordance with terms of a lease, license, agreements. prevent forest and grass fires. or concession contract with the Depart­ § 311.20 Control of horses, dogs, cats ment of the Army. § 311.9 Access to water areas. and pets. (a) Pedestrian access is permitted §311.16 Commercial operations. (a) Horseback riding is prohibited in along the shores of the lake or res­ All commercial operations or activities developed camping, picnicking, and ervoir except in areas designated by on the waters or on the lands under the swimming beach areas and areas as may the District Engineer or his authorized control of the Department of the Army be designated by the District Engineer or representative. around the lake or reservoir shall be in his authorized representative or the man­ (b) Vehicular access is permitted only accordance with lease, license, or other aging agency referred to in § 311.1(b). over open public lake and reservoir roads. agreements with the Department of the (b) Dogs, cats, and pets are prohib­ The operator of any vehicle shall obey Army. ited unless they are caged, penned, on a leash no longer than 6 feet, or otherwise all posted vehicular traffic control signs § 311.17 Recreational activity programs. and devices. under physical restrictive control at all times. (c) Access for the general public to (a) Special events such as water car­ nivals, boat regattas, music festivals, (c) Horses, dogs, cats, and pets are launch boats is permitted only at the prohibited in designated beach areas. public launching sites designated by the dramatic presentations, or other special District Engineer. recreational programs of interest to the § 311.21 Visiting hours. general public are permitted in areas § 311.10 Destruction of public property. designated by the District Engineer or The District Engineer or his author­ ized representative or the managing The destruction, injury, defacement, his authorized representative. (b) A permit shall be obtained from agency referred to in § 311.1(b) may or removal of public property or of vege­ establish a reasonable schedule of visit­ tation, rock, or minerals, except as au­ the District Engineer or his authorized ing hours for all or portions of the area thorized is prohibited. representative by the governmental or legally responsible private agency pro­ and close or restrict the public use of all § 311.11 Firearms, explosives, fireworks posing to hold a special event as indi­ or any portion of the area, when neces­ and other weapons o f all kinds. cated in this section. No charge will be sary for the protection of the area or the Loaded firearms, any projectile firing made for this permit. safety and welfare of persons or property devices, bows and arrows, crossbows, and (c) The District Engineer in charge of by posting of appropriate signs indicat­ explosives of any kind are prohibited in the area shall have authority to revoke ing the extent and scope of closure. All the area, except when in the possession any permit granted under this section persons shall observe and abide by the of a law enforcement officer or Govern­ and to require the removal of any equip­ officially posted signs designating closed ment employee on official duty, when any ment upon failure of the permittee to areas and visiting hours. hunting devices are being used for hunt­ comply with the terms and conditions of § 3 1 1 .2 2 Noise levels. ing during the hunting season as per­ the permit or with the regulations in this The operation or use of any audio or mitted under § 311.6 or when specifically part. authorized by the District Engineer. The noise producing device including com­ use of fireworks is prohibited in the area, § 311.18 Abandonment of personal munication media and motorized equip­ except when authorized by the District property. ment or vehicles in such a manner as to Engineer or his authorized representa­ Abandonment of personal property on unreasonably annoy or endanger persons tive for special purposes. the land or waters of the lake or reser-, in any public place on the project is prohibited. § 311,12 Gasoline and oil storage. voir area is prohibited. Personal property shall not be left unattended upon the § 311.23 Vehicles. Gasoline and other flammable or com­ lands and waters of the lake or reser­ bustible liquids shall not be stored in, The following are prohibited at devel­ voir area except in accordance with the oped recreation sites: upon, or about the lake or reservoir or regulations prescribed in this part or shores thereof without the written per­ (a) Driving motor vehicles in excess of under permits issued therefor. The Gov­ posted speeds. mission of the District Engineer or his ernment assumes no responsibility for authorized representative. (b) Driving or parking any vehicle or personal property and if such property trailer except in places developed for this § 311.13 Sanitation. is abandoned or left unattended in other purpose. than places designated in a permit is­ Dumping and unauthorized disposal in (c) Driving any vehicle carelessly and any manner of refuse, garbage, rubbish, sued therefor or under a regulation for heedlessly disregarding the rights or trash, or litter of any kind at such waters a period in excess of 24 hours it will be safety of others or without due caution impounded, and if not reclaimed by the resources development projects, either and at a speed, or in a manner, so as to mto the waters of such projects or onto owners it will be treated as abandoned endanger, or be likely to endanger, any any land federally owned and admin- private personal property. The District person or property. jjstered by the Chief of Engineers is pro­ Engineer may assess a reasonable im­ (d) Driving bicycles, motorbikes, mo­ poundment fee, which shall be paid be­ fited, except at designated points or torcycles, snowmobiles, or other recre­ fore the impounded property may be Waces designed for the sanitary disposal ational vehicles within developed recrea­ returned to its owners. tion sites, except where otherwise desig­ nated by appropriate signs. ^ ^11*14 Advertisements. § 311.19 Discriminatory, practices pro­ hibited. (e) Driving motorbikes, motorcycles, Prtvate notices and advertisements snowmobiles, or other motor vehicles on hall not be posted, distributed or dis- All project land and water areas which are open to the public shall be available roads in developed recreation sites for po *n toe lake or reservoir area ex- for use and enjoyment by the public any purpose other than access into, or ept such as the District Engineer or egress out of, the site. authorized representative may deem without regard to race, creed, color, or ecessary for the convenience and guid- national origin. No lessee or licensee of (f) Operating a motor vehicle at any nce of the public using the area for a project area under lease or license pro­ time without a muffler in good working order, or operating a motor vehicle in Creational purposes. viding for a public or quasi-public use, including group camp activities, and no such a manner as to create excessive or Unauthorized solicitations and concessionaire of a lessee or license pro­ unusual noise or annoying smoke, or business activities. viding a service to the public, including using a muffler cutoff, bypass, or similar th?° person» firm, or corporation, or facilities and accommodations, shall dis­ device. ^Preservatives shall engage in or criminate against a person or persons (g) Excessively accelerating the engine mit any business on the lake or res- because of race, creed, color, or national of a motor vehicle or motorcycle when

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 No. 45- 4498 RULES AND REGULATIONS such vehicle is not moving or is ap­ cation, and Welfare, the Secretary of Sec. proaching or leaving a stopping place. Labor, and the Secretary of Defense, 70.7 Classification. amend Subtitle A, Title 45 of the Code 70.8 Compensation. For the Adjutant General. 70.9 Recruitment. of Federal Regulations by revising Part 70.10 Selection. R . B. B elnap, 70 pertaining to personnel standards on 70.11 Appointment. Special Advisor to TAG. a merit basis in the administration of 70.12 Career advancement. [PR Doc.71-3143 Filed 3-5-71;8:46 am] various grant-in-aid programs. The re­ 70.13 Layoffs and separations. vision of the regulations is designed to 70.14 Cooperation between merit systems. strengthen equal employment opportun­ 70.15 Extension of merit system. Title 43— PUBLIC LANDS: ity provisions, to facilitate employment 70.16 Personnel records and reports. of the disadvantaged, to emphasize the Authority: The provisions of this Part 70 options available to State and local gov­ issued under: 29 U.S.C. 49d(b); 40 U.S.C. INTERIOR ernments, to promote flexibility and 484(j) ; 42 U.S.C. 246(a)(2)(F), 246(d)(2) (F), 291d(a) (8 ), 302(a)(5)(A ), 503(a)(1), Chapter II— Bureau of Land Manage­ experimentation in approaches to per­ sonnel administration, and to clarify the 602(a)(5)(A), 639, 705(a)(3)(A), 1202(a) ment, Department of the Interior (5) (A), 1302, 1352(a)(5) (A), 1382(a)(5)(A), intent of the Standards. 1395hh, 1396a(a)(4)(A), 2674(b)(7), 2684 APPENDIX— PUBLIC LAND ORDERS These amendments shall be effective (a )(6 ), 3023(a)(6), 4573(a)(5); 50 U.S.C. [Public Land Order 5028] upon their publication in the F ederal App. 2286(a)(4). R egister. Notice of proposed rule mak­ [Colorado 1513] ing has been dispensed with for good § 70.1 Purpose. COLORADO cause since notice and public procedure (a) These standards are promulgated thereon are unnecessary and impracti­ by the Departments of Health, Educa­ Opening of Lands Subject to Section cable for the following reasons. tion, and Welfare, Labor, and Defense 24 of the Federal Power Act The revision is designed to promote to implement statutory and regulatory flexibility and encourage innovation in provisions requiring the establishment By virtue of the authority contained personnel administration by State and and maintenance of personnel standards in section 24 of the Act of June 10, 1920, local agencies administering federally on a merit basis in the administration 41 Stat. 1075, as amended, 16 U.S.C. aided programs, and delay would be con­ of various grant-in-aid programs. sec. 818 (1964), it is ordered as follows: trary to the interest of such agencies, In DA-490-Colorado, the Federal (b) The development of proper and their employees, persons seeking employ­ efficient administration of the grant-in- Power Commission determined that the ment with them, and the public. power value of the following described aid programs is a mutual concern of the There was substantial consultation Federal, State, and local agencies coop­ national forest land, withdrawn in Pow- with State, local, and Federal officials in ersite Classification No. 431 of May 5, erating in the programs. Proper and effi­ developing the amendments, and they cient administration requires clear defi­ 1954, will not be injured or destroyed were submitted formally for comments to by restoration to location, entry, or se­ nition of functions, employment of the groups represented by the Advisory Com­ most competent available personnel, and lection under the appropriate public mission on Intergovernmental Relations land laws, subject to the provisions of development of staff morale and individ­ in accordance with Bureau of the Budget ual efficiency. The cooperative efforts of section 24 of the Federal Power Act, Circular A-85, and favorable response supra: merit system and program agency per­ was received. sonnel offices in providing comprehensive W h i t e R i v e r N a t i o n a l F o r e s t On January 5, 1971, the President ap­ personnel programs are essential. Such SIXTH PRINCIPAL MERIDIAN proved the Intergovernmental Personnel programs provide for analyzing and Act of 1970, 84 Stat. 1909, Public Law T. 11 S., R. 88 W., sec. 36, lot 4. classifying jobs;' establishing adequate 91—648. Section 208 of this Act provides and equitable salary, fringe benefit, and The, area described aggregates 40.07 for transfer to the U.S. Civil Service Com­ retirement plans; projecting manpower acres in Gunnison County. mission on March 6,1971, of all the func­ needs and planning to meet them; de­ At 10 a.m. on April 6, 1971, the land tions, powers, and duties of the Secretary veloping effective recruitment, selection, shall be open to such forms of disposition of Labor and the Secretary of Health, placement, training, employee evalua­ as may by law be made of national forest Education, and Welfare relating to the tion, and promotion programs; assuring lands, subject to valid existing rights, the prescription of personnel standards on a equal opportunity and providing affirma­ provisions of existing withdrawals, and merit basis under various laws, including tive action programs to achieve that end; subject to the provisions of section 24 of those which are implemented by these protecting employees from discrimina­ the Federal Power Act, supra. regulations. Even if the proposed rule tion, arbitrary removal, and political The land has been and continues to making procedure were initiated at this pressures; conducting positive employee- be open to applications and offers under time, a decision to adopt the proposed management relations and communica­ the mineral leasing laws, and to location rules and their publication as final regu­ tions; and providing research to improve and entry under the U.S. mining laws. lations could not be accomplished prior personnel methods. Personnel programs Inquiries concerning the land should to the transfer of authority. In this situ­ must be planned and administered in a be addressed to the Manager, Land Office, ation, the urgently needed revision could timely, expeditious manner to meet effec­ Bureau of Land Management, Denver, be further delayed pending de novo con­ tively program and merit system Colo. sideration of the matter by the Civil objectives. H arrison Loesch, Service Commission. (c) An integral part of the grant-in- Assistant Secretary of the Interior. The Intergovernmental Personnel Act aid programs is the maintenance by the M arch 1,1971. provides that the Standards in effect at State and local governments of a ment the time of transfer of functions to the system of personnel administration for [FR Doc.71-3153 Filed 3-5-71:8:47 am] Civil Service Commission continue in ef­ the grant-aided agencies. The Federal fect until modified or superseded by the agencies are interested in the develop­ Commission. It is desirable that these ment and continued improvement oi Title 45— PUBLIC WELFARE revised Standards be effective rather State and local merit systems but exer­ than those issued in 1963. The Civil Serv­ cise no authority over the selection, ten­ Subtitle A— Department of Health, ice Commission concurs in this approach. ure of office, or compensation of any in­ Education, and Welfare, General Part 70 is revised to read as set forth Administration below: dividual employed in conformity with the Sec. provisions of such systems. PART 70— STANDARDS FOR A MERIT 70.1 Purpose. (d) Laws, rules, regulations, and pol" SYSTEM OF PERSONNEL ADMINIS­ 70.2 Jurisdiction. icy statements to effectuate a merit sys­ TRATION 70.3 Merit system organization. tem in accordance with these standards 70.4 Equal employment opportunity. The regulations set forth below, ap­ 70.5 Employee-management relations. are a necessary part of the approved proved by the Secretary of Health, Edu- 70.6 Political activity. State plans required as a condition o

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 RULES AND REGULATIONS 4499

Federal grants. Such laws, rules, regula­ and effectiveness, a single cooperative respect to activity prohibited in feder­ tions, policy statements, and amend­ merit system will be established for all ally grant-aided programs under the ments thereto, will be reviewed for sub­ of these grant-aided agencies. The coop­ Federal Hatch Political Activities Act, as stantial conformity to these standards. erative merit system will be administered amended, 5 U.S.C. 1501-1508. (Individ­ The administration of the merit system by a qualified executive and adequate uals whose principal employment is in a will likewise be subject to review for staff appointed on the basis of merit and federally grant-aided program are sub­ compliance in operation. . serving in accordance with the provisions ject to the prohibitions in the Hatch Act, (e) Continuing application of these of the merit system. An impartial citi­ administered by the US. Civil Service standards will give reasonable assurance zens’ merit system council will be estab­ Commission, regardless of whether their of a proper basis for personnel adminis­ lished to assure that in accordance with employment is covered by these tration, promote a career service, and re­ merit principles public employment is standards.) sult in increased operating efficiency and based on the public interest, including § 70.7 Glassification. management effectiveness and sound program effectiveness. Within these A position classification plan based standards means are provided for the employee relations. The members of this council or board will be appointed by the upon analysis of the duties and responsi­ effectuation of national policies for bilities of each position will be estab­ structuring jobs and the training and chief executive or by the administrative agencies, as determined by the State, and lished and maintained on a current basis. employment of the disadvantaged. The classification plan will include an (f) In order to assist State and local will serve overlapping terms. No member Will be employed in any other capacity appropriate title for each class of posi­ jurisdictions in maintaining their merit tion, a description of the duties and systems under these standards, technical in any of the agencies covered by the merit system. responsibilities of positions in the class, consultative service will be made and minimum requirements of training, (c) A local government may elect, at available. experience, skills, knowledges, abilities, the option of the State, to cover grant- and other qualifications necessary for § 70.2 Jurisdiction. aided programs under a merit system entry into the class. These standards are applicable to all serving other grant-aided agencies cov­ personnel, both State and local, except ered by the standards, such as a system § 70.8 Compensation. those exempted in this section, engaged serving State agencies, another city or (a) A plan of compensation for all in the administration of grant-in-aid county, or a group of local jurisdictions. classes of positions will be established programs under Federal laws and regula­ § 70.4 Equal employment opportunity. and maintained on a current basis. The tions requiring the establishment and plan will include salary rates adjusted to maintenance of personnel standards on Equal employment opportunity will be the responsibility and difficulty of the assured in the State system and affirma­ a merit basis. The standards apply to work and will take into account the pre- tive action provided in its administra­ personnel engaged in the administration valing compensation for comparable tion. Discrimination against any person* of the federally aided programs, irrespec­ positions in the recruiting areas and in in recruitment, examination, appoint­ tive of the source of funds for their in­ other agencies of the Government and ment, training, promotion, retention, dis­ dividual salaries. The following positions other relevant factors. It will provide for “lay be exempted from application of cipline or any other aspect of personnel salary advancement for full-time per­ these standards: Members of policy, ad­ administration because of political or manent employees based upon quality religious opinions or affiliations or be­ visory, review, and appeals boards or and length of service and for other salary cause of race, national origin, or other similar bodies who do not perform ad­ adjustments. nonmerit factors will be prohibited. Dis­ ministrative duties as individuals; offi­ (b) Compensation in a local agency cials serving ex officio and performing crimination on the basis of age or sex or physical disability will be prohibited ex­ will be governed by a compensation plan incidental administrative duties; the which, at the option of the State, is executive head and a deputy or depu­ cept where specific age, sex, or physical requirements constitute a bona fide occu­ established by: a local government and ties to the executive head of each State covers other local agencies; the State agency as warranted by the size and com­ pational qualification necessary to proper and efficient administration. The regula­ and covers local grant-aided agencies; or plexity of the organization, scope of pro­ the State and covers the agency respon­ grams, and nature of the positions; tions will include provisions for appeals in cases of alleged discrimination to an sible for State administration of Federal one confidential assistant or secretary to grants. any of the foregoing exempted officials; impartial body whose determination attorneys serving as legal counsel; the shall be binding upon a finding,of § 70.9 Recruitment. executive head of an independent local discrimination. An active recruiting program will be Public health or civil defense agency; § 70.5 Employee—management relations, conducted, based upon a plan to meet Part-time professional health and related tions. current and projected manpower needs. Personnel; time-limited positions estab- The rights of public employees to The recruiting efforts of the merit sys­ wp' i 0r PurP°se of conducting a organize and join or refrain from joining tem and program agencies will be co­ study or investigation; and un­ ordinated and carried out in a timely billed labor. an organization for purposes of repre­ sentation and the matters on which they manner. Recruitment will be tailored to § 70.3 Merit system organization. may negotiate or on which management the various classes of positions to be filled and will be directed to all appropriate nwf ^ny one a variety of types of agrees to meet and confer should be delineated, along with other employee sources of applicants in order to attract

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4500 RULES AND REGULATIONS through a practical and normally multi­ strated capacity, and quality and length Dated: March 2,1971. part assessment of applicant attributes of service. Promotions will require certifi­ necessary for successful job performance cation of eligibility by the merit system J. D. Hodgson, and career development. Applicants will executive. Secretary, Department of Labor. meet the minimum requirements of the §70.13 Layoffs and separations. job class. The parts of the total exami­ Dated; March 3,1971. nation will consist, in various combina­ Employees who have acquired per­ M elvin R. Laird, tions as appropriate to the class and to manent status will not be subject to separation or suspension except for Secretary, available manpower resources, of such Department of Defense. devices as work-sample and performance cause or reasons of curtailment of work tests, practical written tests, individual or lack of funds. Retention of employees [PR Doc.71-3259 Filed 3-5-71;8:52 am] and group oral examinations, ratings of in classes affected by reduction in force training and experience, physical exami­ will be based upon Systematic considera­ nations, and background and reference tion of type of appointment, length of inquiries. In determining ranking of service, and relative efficiency. In the Title 47— TELECOMMUNICATION candidates, the examination parts will event of separation permanent employees Chapter I— Federal Communications] be appropriately weighted. will have the right to appeal to an im­ partial body through an established Commission (b) To facilitate employment of dis­ procedure. advantaged persons in aide or similar PART 2— FREQUENCY ALLOCATIONS] positions, competition may be limited to § 70.14 Cooperation between merit sys- AND RADIO TREATY MATTERS; such individuals. * terns. GENERAL RULES AND REGULA­ § 70.11 Appointment. To facilitate public service mobility and TIONS maximum utilization of manpower provi­ (a) Appointments to positions not sion should be made for: Cooperative in­ Treaties and Other International herein exempted will be made on the basis ter jurisdictional recruiting, examining, Agreements Relating to Radio of merit by selection from among the certifying, training and other personnel Order. 1. The Commission has before] highest available eligibles on appropriate functions; adding to registers of eligibles it the desirability of making certain edi-j registers established in accordance with applicants with eligibility on comparable the above provisions on recruitment and torial changes in Part 2 of its rules and] examinations in other jurisdictions; ap­ regulations. selection. Permanent appointment will pointing employees on the basis of their be based upon satisfactory performance 2. Authority for the amendments is] permanent merit system status in contained in sections 4(i), (5)(d)(l)>| of employees during a fixed probationary another jurisdiction, with maximum period. and 303 (r) of the Communications Act] protection of their retirement and other of 1934, as amended, and § 0.261(a) of] (b) In the absence of an appropriate benefits. register, individuals appointed to tem­ the Commission’s rules. Because the] porary or other nonstatus positions or § 70.15 Extension of merit system. amendments are editorial in nature, the] prior notice and effective date provisions] given provisional appointments to per­ (a) As determined by the State, upon of section 4 of the Administrative Pro­ manent positions pending establishment the initial extension of the merit system of a register will be certified by the merit to a program, an incumbent may obtain cedure Act, 5 U.S.C. 553, do not apply. system executive as meeting at least the permanent status through an open com­ 3. I t is ordered, Effective March 12, minimum qualifications established for petitive examination; or if he has a 1971, that Part 2 of the rules and regula­ the class of position. Such appointments specified period of service in the agency, tions is amended' as set forth below. will be time-limited. Provisional appoint­ at its discretion he may attain perma­ ments will not be continued beyond the nent status if he passes a noncompeti­ Adopted: March 1,1971. established time limit unless compelling tive qualifying examination. If he does Released: March 1, 1971. extenuating circumstances exist and are not pass, such an employee may be re­ F ederal Communications | a matter of record. Provisional appoint­ tained in the position in which he has ments will be terminated within a speci­ incumbency preference without acquir­ C om m ission, fied reasonable period following estab­ [ seal] B en F. W aple, ing the rights of merit system status. Secretary. lishment of an appropriate list of (b) An employee with status under a eligibles. merit system meeting these standards 1. Section 2.601 is amended to read as (c) Emergency appointments may be will retain comparable status if the em­ follows: made for a specified limited period to ploying agency is placed under the § 2.601 General. provide for maintenance of essential jurisdiction of another merit system. services in an emergency situation where This subpart is corrected to March normal employment procedures are § 70.16 Personnel records and reports. 1971. The Commission does not distrib­ impracticable. Such personnel records as are neces­ ute copies of these documents. Inquiry j § 70.12 Career advancement. sary for the proper administration of a may be made to the U.S. Government merit system and related agency per­ Printing Office concerning availability (a) Employee performance and po­ sonnel programs will be maintained. tential should be evaluated systemati­ Periodic reports will be prepared as for purchase. .J cally in order to improve individual necessary to indicate compliance with 2. In § 2.603 paragraphs (a) and ( I effectiveness to assess training needs and applicable State and local requirements are amended to read as follows. j plan training opportunities, and to pro­ and these standards. vide a basis for decisions on placements, § 2.603 Treaties and other internationa promotions, separations, salary advance­ Effective date. This revision shall be agreements relating to radio. | ments and other personnel actions. effective on the date of its publication (a) The applicable treaties and othe I (b) When in the best interest of the in the F ederal R egister (3-6-71). international agreements in force 5® service it is determined to fill a position Dated; February 19,1971. ing to radio and to which the j by promotion, consideration will be given States of America is a party (ot*)er di0 Elliot L. R ichardson, to the eligible permanent employees in reciprocal operating agreements or the agency or in the career service and Secretary, Department of the selection will be based upon demon­ Health, Education, and Welfare. amateurs) are listed below :

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 Date Citations Subject Date Citations Subject

1925______IV Trenwith 4248, 4250 0S -U E (also for Canada and Newfoundland) Bilateral Arrangements ' 1950...... 11 UST 413. North American Regional Broadcasting Agreement (N AR B A). and 4261. providing for the Prevention of Interference by Ships off the Coasts TIAS 4460. Signed at Washington Nov. 15,1950. Entered into force Apr. 19,1960. TS 724-A. of these Countries with Badlo Broadcasting. Effected by exchange Effective between United States, Canada, Cuba, Dominican Re­ of notes Sept, and Oct. 1925. Entered Into force Oct. 1, 1925. public, and the United Kingdom of Great Britain and Northern 1928and 1929...... 102 LN TS 1 4 3 ...... US-Canada Arrangement governing Radio Communications between Ireland for the Bahama Islands. Ratification on behalf of Jamaica TS 767-A. Private Experimental Stations. Effected by exchange of notes at pending. Washington Oct. 2 and Dec. 29,1928, and Jan. 12,1929. Entered into 1951...... 3 UST (3) 3787...... US-Canada Convention relating to the Operation by Citizens of force Jan. 1, 1929. Continued by the arrangement contained in EAS TIAS 2508. Either Country of Certain Radio Equipment Or Stations in the 62J Other Country. Signed at Ottawa Feb. 8,1951. Entered into force 1929...... IV Trenwith 4787. US-Canada (including Newfoundland) Arrangement relating to As­ May 15,1952. . t US-Cuba Arrangement regarding Radio Communications between TS 777-A. signment of High Frequencies on the North American Continent. 1951 and 1952 3 UST (3) 3892...... Effected by exchange of notes at Ottawa Feb. , 26 and 28, 1929. TIAS 2520. Amateur Stations on Behalf of Third Parties. Effected by exchange Entered into force Mar. 1,1929. (Originally, Cuba was also a party ' of notes at Havana Sept. 17,1951, and Feb. 27, 1952. Entered into to this arrangement, but by virtue of notice to the Canadian Gov force Feb. 27,1952. eminent, it ceased to be a party effective Oct. 5,1933.) 1951...... 3 UST (2) 2860...... US-Cuba Agreement concerning the Control of Electromagnetic 1934 ...... 49 Stat. 3555. US-Peru Arrangement regarding Radio Communications between TIAS 2459. Radiation. Effected by exchange of notes at Havana Dec. IQ and 18, EAS 66. Amateur Stations on Behalf of Third Parties. Effected by exchange 1951. Entered into force Dec. 18,1951. of notes at Lima Feb. 16, and May 23, 1934. Entered into force 1952...... 3 UST (4) 4926 ...... US-Canada Agreement for the Promotion of Safety on the Great May 23,1934. TIAS 2666. Lakes by Means of Radio. The agreement applies to vessels of all 1934...... 48 Stat. 1876. US-Canada Arrangement relative to Radio Communications between countries as provided for in Article 3. Signed at Ottawa Feb. 21, EAS 62. Private Experimental Stations and between Amateur Stations. 1952. Entered into force Nov. 13, 1954. Continues the arrangement contained in TS 767-A. Effected by 1952...... 3 UST (3) 4443 ...... US-Canada Agreement relating to the Assignment of Television exchange of notes at Ottawa Apr. 23, and May 2 and 4,1934. Entered TIAS 2594. Frequency Channels along United States-Canadian Border. into force May 4,1934. Effected by exchange oi notes at Ottawa Apr. 23 and June 23, 1952. 1934...... 49 Stat. 3667. US-Chile Arrangement regarding Radio Communications between Entered into force June 23, 1952. EAS 72. Amateur Stations on Behalf of Third Parties. Effected by exchange 1952...... 3 UST (4) 5140______London Revision (1952) of the London Telecommunications Agree­ of notes at Santiago Aug. 2 and 17,1934. Entered into force Aug. 17, TIAS 2705. ment (1949) between the United States and Certain British Com­ 1934. monwealth Governments. Signed at London Oct. 1, 1952. Entered into force Oct. 1, 1952. This amends the agreement contained in 1987...... 53 Stat. 1576. Inter-American Radio Communications Convention between the REGULATIONS. AND RULES TS 938. United States and Other Powers. Signed at Havana Dec. 13,1937. TIAS 2435 signed Aug. 12, 1949. ’ ■ (First Inter-American Radio Conference.) Entered into force for 1953...... 5 UST (3) 2840 ______US-Canada Understanding relating to the Sealing of Mobile Radio the United States July 21,1938, for Parts I, III and IV; Apr. 17,1939, TIAS 3138. Transmitting Equipment. Effected by exchange of notes at Wash­ for Part II. Part II of the Convention (Inter-American Radio Office) ington Mar. 9 and 17, 1953. Entered into force Mar. 17,1953. terminated for all parties Dec. 20,1958 (T1AS 4079). 1956...... 7 UST 2179...... US-Panama Agreement regarding Radio Communications between Amateur Stations on Behalf of Third Parties. Effected by exchange 1938 ...... 54 Stat. 1675.... Regional Radio Convention between the United States (in behalf of TIAS 3617. TS949. the Canal Zone) and Other Powers. Signed at Guatemala City of notes at Panama July 19 and Aug. 1, 1956. Entered into force Dec. 8,1938. Entered into force Oct. 8,1939. Sept. 1,1956. . US-Canada Arrangement governing the Use of Radio for Civil Aero­ 1956...... 7 UST 2839...... US-Costa Rica Agreement regarding Radio Communications be­ 1939 . 53 Stat. 2157___ tween Amateur Stations on Behalf of Third Parties. Effected by EAS 143. nautical Services. Effected by exchange of notes at Washington TIAS 3665. Feb. 20,1939. Entered into force Feb. 20,1939. exchange of notes at Washington Aug. 13 and Oct. 19,1956. Entered US-US SR Agreement on Organization of Commercial Radio Tele­ into force Oct. 19, 1956. 1946 ...... 60 Stat. 1696.... US-Nicaragua Agreement regarding Radio Communications b etween TIAS 1527. type Communication Channels. Signed at Moscow iMay 24, 1946. 1956...... 7 UST 3159...... Entered into force May 24,1946. TIAS 3694. Amateur Stations on Behalf of Third Parties. Effected by exchange of noter at Managua Oct. 8 and 16,1956. Entered into force Oct. 16,- 1947 ...... 61 Stat. (4) 3800. US-Canada Agreement providing for Frequency Modulation Broad­ TIAS 1726. casting to Channels in the Radio Frequency Band 88-108 Mc/s. 1956. Effected by exchange of notes at Washington Jan. 8 and Oct. 15,1947. 1957...... 9 UST 1037...... Multilateral Declaration between the United States and Other Entered into force Oct. 15, 1947. TIAS 4079. Powers terminating Part II (Inter-American Radio Office) of the US-UN Agreement relative to Headquarters of the United Nations. Inter-American Radio Communications Convention of Dec. 13, 1947...... 61 Stat. (4) 3416 1937 (TS-938), Signed at Washington Dec. 20, 1957. Entered into TIAS 1676. , Signed at Lake Success June 26, 1947. Entered into force Nov. 21, 1947. Supplemented by the agreements contained in TIAS 5961 and force Dec. 20, 1957. Additionally, a Contract on the Exchange of TIAS 6750 signed Feb. 9,1966, and Aug. 28,1969, respectively. Notifications of Radio Broadcasting Frequencies between the Pan US-UK Agreement regarding Standardization of Distance Measuring American Union, the United States and Other Powers was signed 1947 ...... 61 Stat. (3) 3131 at Washington Dec. 20, 1957. Entered into force Jan. 1, 1958. TIAS 1652. Equipment. Signed at Washington Oct. 13,1947. Entered into force Oct. 13,1947. 1958...... 9 UST 1091 US-Mexico Agreement regarding Allocation of Ultra High Frequency Channels to Land Border Television Stations. Effected by exchange 1948 ...... i 9 UST 621...... Intergovernmental Maritime Consultative Organization (IMCO) TIAS 4089. TIAS 4044. Convention. Signed at Geneva Mar. 6,1948. Entered into force Mar. of notes at Mexico July 16,1958. Entered into force July 16,1958. 17, 1958. Modified by the amendments contained in TIAS 6285 a id 1958...... 10 UST 2423 Telegraph Regulations (Geneva Revision, 1958) Annexed to the in TIAS 6490 adopted by the IMCO Assembly Sept. 15, 1964, and TIAS 4390. International Telecommunication Convention. Signed at Geneva Sept. 28,1965, respectively. Nov. 29,1958. Entered into force Jan. 1,1960. Inter-American Radio Agreement between the United States and 1959...... 10 UST 1449.. US-Mexico Arrangement regarding Radio Communications between 1949...... 3 UST (3) 3064. Amateur Stations on Behalf of Third Parties. Effected by exchange TIAS 2489. Canada and Other American Republics. Signed at Washington TIAS 4295. July 9, .1949. (Fourth Inter-American Radio Conference.) Entered of notes at Mexico July 31,1959. Entered into force Aug. 30,1959. into force Apr. 13,1952, subject to the provisions of Article 13. 1959 and I960..... 11 UST 257... US-Honduras Agreement regarding Radio Communications between London Telecommunications Agreement between the United States TIAS 4442. Amateur Stations on Behalf of Third Parties. Effected by exchange 1949 ...... 3 UST (2) 2686. of notes at Tegucigalpa Oct. 26,1959, and Feb. 17, 1960, and related TIAS 2435. and Certain British Commonwealth Governments. Signed at Lon­ don Aug. 12,1949. Entered into force Feb. 24,1950. Amended by the note of Feb. 19, 1960. Entered into force Mar. 17,1960. agreement contained in TIAS 2705 which was signed Oct. 1,1952. 1959...... 10 UST 3019 US-Venezuela Arrangement regarding Radio Communications be­ tween Amateur Stations on Behalf of Third Parties. Effected by 1950 .. 3 UST (2) 2672. US-Ecuador Arrangement regarding Radio Communications be­ TIAS 4394. exchange of notes at Caracas Nov. 12, 1959. Entered into force TIAS 2433. tween Amateur Stations on Behalf of Third Parties. Effected by ex­ change of notes at Quito Mar. 16 and 17, 1950. Entered into force Dec. 12,1959. Mar. 17,1950. 1959...... 12 UST 2377. International Radio Regulations Annexed to the International Tele­ TIA S 4893. communication Convention; Signed at Geneva Dec. 21, 1959. US-Liberia Arrangement regarding Radio Communications between Entered into force with respect to the United States Oct. 23,1961. 1950 and 1951____2 UST (1) 683. Revised by the Partial Revisions of the Radio Regulations, Ge­ TIAS 2223. Amateur Stations on Behalf of Third Parties. Effected by exchange of notes at Monrovia Nov. 9,1950, and Jan. 8,9 and 10,1951. Entered neva, 1959, contained in TIAS 5603, TIAS 6332, and TIAS 6590 into force Jan. 11,1951. signed N ov. 8, 1963, Apr. 29, 1966, and N ov. 3, 1967, respectively. 4501

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 4502 4502

Date Citations Subject Date Citations Subject

Process-Verbal of Rectification to Certain Annexes to the International I960...... 11 UST 1 ...... US-Haiti Agreement regarding Radio Communications between 1966...... 18 UST 1289. TIAS 4399. Amateur. Stations on Behalf of Third Parties. Effected b y exchange TIAS 6284. Convention for the Safety of Life at Sea of June 17,1960 (TI AS 5780). of notes at Port-au-Prince Jan. 4 and 6, 1960. Entered into force Done at London Feb. 15, 1966. Feb. 5,1960. 1966...... 18 UST 2091. .Partial Revision of the Radio Regulations, Geneva, 1959, Final Acts 1960...... 16 UST 185...... International Convention for the Safety of Life at Sea and Annexed TIAS 6332. of the EARC for the Preparation of a Revised Allotment Plan for TIAS 5780. Regulations. Signed at London June 17, 1960. Entered into force the Aeronautical Mobile (R) Service. Signed at Geneva Apr. 29, May 26, 1965. Corrections to certain annexes contained in TIAS 1966. Entered into force for the United States Aug. 23, 1967, except 6284 signed Feb. 15, 1966. for the frequency allotment plan contained in Appendix 27 which 1960...... 11 UST 2229...... US-Paraguay Agreement regarding Radio Communications between entered into force Apr. 10, 1970. TIAS 4596. Amateur Stations on Behalf of Third Parties. Effected by exchange 1966...... 17 UST 2319 US-UN 'Agreement regarding Headquarters of the United Nations of notes at Asuncion Aug. 31, and Oct. 6, 1960. Entered into force TIAS 6176- Amending the Supplemental Agreement of Feb. 9,1966 (TIAS 5961). Nov. 5,1960. Effected by exchange of notes at New York Dec. 8, 1966. Entered 1961...... 17 UST 1574-.._____ . US-Uruguay Agreement regarding Radio Communications between into force Dec. 8, 1966. TIAS 6115. Amateur Stations on Behalf of Third Parties. Effected by exchange 1 9 6 7 ...... 18 UST 365 US-Argentina Agreement regarding Radio Communications between of notes at Montevideo Sept. 12, 1961. Entered into force Sept. 26, TIAS 6244. Amateur Stations on Behalf of Third Parties. Effected by exchange of notes at Buenos Aires Mar. 31, 1967. Entered into force Apr. 30, 1967. 1961...... 12 UST 1695...... US-Bolivia Agreement regarding Radio Communications between US-Canada Agreement relating to Pre-Sunrise Operation of Certain TIAS 4888. Amateur Stations on Behalf of Third Parties. Effected by exchange 1967______18 UST 1201 TIAS 6268. Standard (AM) Radio Broadcasting Stations. Effected by exchange of notes at La Paz Oct. 23, 1961. Entered into force Nov. 22, 1961. of notes at Ottawa Mar. 31 and June 12, 1967. Entered into force 1962...... 13 UST 411...... US-E1 Salvador Arrangement regarding Radio Communications be- June 12,1967. Amended by the agreement contained in TIAS 6626 TIAS 5001. tween Amateur Stations on Behalf of Third Parties. Effected by signed Apr. 18, 1969, and Jan. 31, 1969. exchange of notes at San Salvador Apr. 5, 1962. Entered into force 1967 ____ 19 UST 6717. Partial Revision of the Radio Regulations, 1959, Final Acts of the May 5, 1962. TIAS 6590. WA RC to Deal with'Matters relating to the Maritime Mobile Serv­ 1962...... 13 UST 997...... US-Mexico Agreement relating to the Assignment of VH F Television ice. Signed at Geneva Nov. 3,1967. Entered into force Apr. 1,1969. TIAS 5034. Channels along United States-Mexican Border. Effected by ex­ 1968 and 1969.... 20 UST 7 .... US-Canada Agreement relating to Pre-Sunrise Operatibn of Certain change of notes at Mexico Apr. 18,1962. Entered into force Apr. 18, TIAS 6626. Standard (AM) Radio Broadcasting Stations Amending the Agree­ ment of Mar. 31 and June 12,1967 (TIAS 6268). Effected by exchange

1962...... 13 UST 2418______. . . . US-Canada Agreement relating to the Coordination and Use of of notes at Ottawa Apr. 18, 1968, and Jan. 31, 1969. Entered into REGULATIONS AND RULES TIAS 5205. Radio Frequencies above 30 Mc/s. Effected by exchange of notes at force Jan. 31, 1969. Ottawa Oct. 24,1962. Entered into force Oct. 24,1962. The technical 1969...... 20 UST 2810. US-UN Agreement regarding Headquarters of the United Nations annex to this agreement was revised by the agreement contained TIAS 6750. Supplementing the Agreement of June 26', 1947> as Supplemented in TIAS 5833 signed June 16 and 24,1965. (TIAS 1676, 5961,6176). Signed at New York Aug. 28,1969. Entered into force Aug. 28, 1969. 1963...... 14 UST 817...... US-Dominican Republic Agreement regarding Radio Communica- 1969...... _ US-Canada Agreement relating to the Operation of Radiotelephone TIAS 5360. tions between Amateur Stations on Behalf of Third Parties. Stations. Signed at O.ttawa Nov. 19,1969. Entered into force July 24, Effected by exchange of notes at Santo Domingo Apr. 18 and 22, TIAS 693Í. 1963. Entered into force May 22,1963. 1970. . _ US-Mexico Agreement concerning radio broadcasting in the standard ...... 15 UST 887...... Partial Revision of the Radio Regulations, Geneva, 1959, Final Acts 1970...... 1963...... TIAS 7021. band (535-1605 kHz), with annexes. Signed at Mexico Dec. 11,1968. TIAS 5603. of the EARC to Allocate Frequency Bands for Space Radiocom­ Entered into force Nov. 18, 1970. munication Purposes. Signed at Geneva Nov. 8,1963. Entered into force Jan. 1,1965. 1970...... _ US-Mexico Agreement concerning the operation of broadcasting sta­ TIAS 7021. tions in the standard broadcast band (535-1605 kHz) during a 1963______...... 14 UST 1754...... US-Columbia Agreement regarding Radio Communications between limited period prior to sunrise (“ Pre-Sunrise” ) and after sunset TIAS 5483. Amateur Stations on Behalf of Third Parties. Effected by exchange (“ Post-Sunset” ), with annexes. Signed at Mexico Dec. 11, 1968. of notes at Bogota Nov. 16 and 29,1963. Entered into force Dec. 29, Entered into force Nov. 18, 1970. 1964...... 15 UST 1705...... US-Other Governments Agreement Establishing Interim Arrange* TIAS 5646. ments for a Global Commercial Communications Satellite System (b) The applicable agreements in force between the United States and another ■ and Special Agreement. Done at Washington Aug. 20,1964. Entered into force Aug. 20,1964. Additionally, a Supplementary Agreement country relating to the reciprocal granting of authorizations to permit licensed on Arbitration was done at Washington June 4,1965. Entered into amateur radio operators of either country to operate their stations in the other force N ov. 21,1966. country are as follows: 1964...... 18 UST 1299...... Amendments to Articles 17 and 18 of the IMCO Convention (TIAS TIAS 6285. 4044). Adopted by the IMCO Assembly at London Sept. 15,1964. Entered into force Oct. 6,1967. Date Citations Subject 1965...... 16 UST 821...... US-Brazil Agreement regarding Radio Communications between TIAS 5816. Amateur Stations on Behalf of Third Parties. Effected by exchange 1964 J...... - ...1 5 UST 1787...... US-Costa Rica Agreement regarding Alien Amateur Radio Opera- of notes at Washington June 1,1965. Entered into force June 1,1965. TIAS 5649. tors. Effected by exchange of notes at San Jose Aug. 17 and 24, 1965...... 16 UST 923...______...... US-Canada Agreement regarding Coordination and Use of Radio 1964. Entered into force Aug. 24,1964. TIAS 5833. Frequencies above 30 Mc/s Revising the Technical Annex to the 1965-...... 16 UST 93...... US-Dominican Republic Agreement regarding Alien Amateur Radio Agreement of Oct. 24, 1962 (TIAS 5205). Effected by exchange of TIAS 5766. Operators. Effected by exchange of notes at Santo Domingo notes at Ottawa June 16 and 24, 1965. Entered into force June 24, Jan. 28 and Feb. 2, 1965. Entered into force Feb. 2,1965. 1965______...1 6 UST 165...... US-Bolivia Agreement regarding Alien Amateur Radio Operators. Effected by exchange of notes' at La Paz Mar. 16, 1965. Entered into 1965...... 16 UST 883...... 1_____ US-Israel Agreement regarding Radio Communications between TIAS 5777. TIAS 5827. Amateur Stations on Behalf of Third Parties. Effected by exchange force Apr. 15,1965. of notes at Washington July 7,1965. Entered into force Aug. 6,1965. 1965...... 1 6 UST 181...... US-Ecuador Agreement regarding Alien Amateur Radio Operators. TIAS 5779. Effected by exchange of notes at Quito Mar. 26, 1965. Entered 1965...... 19 UST 4855...... -, Amendment to Article 28 of the IMCO Convention (TIAS 4044). into force Mar. 26,1965. TIAS 6490. Adopted by the IMCO Assembly at Paris Sept. 28, 1965. Entered 1965...... 1 6 UST 817...... ____ US-Portugal Agreement regarding Alien Amateur Radio Operators. into force N ov. 3, 1968. TIAS 5815. Effected by exchange of notes at Lisbon May 17 and 26, 1965. En­ 1965...... ______18 UST 575...... International Telecommunication Convention. Signed at Montreux tered into force May 26, 1965. TIAS 6267. N ov. 12,1965. Entered into force with respect to the United States 1965...... 16 UST 869...... US-Belgium Agreement regarding Alien Amateur Radio Operators. May 29,1967. TIAS 5824. Effected by exchange of notes at Brussels June 16 and 18, 1965. 1966...... 17 UST 74...... ______US-UN Agreement regarding Headquarters of the United Nations Entered into force June 18, 1965. TIAS 5961. Supplementing the Agreement of June 26,1947 (TIAS 1676). Signed 1965...... ___16 UST 973______. U S-Australia Agreement regarding Allen Amateur Radio Operators. at New York Feb. 9,1966. Entered into force Feb. 9,1966. Amended TIAS 5836. Effected by exchange of notes at Canberra June 25, 1965. Entered b y the agreement contained in TIAS 6176 signed Dec. 8, 1966. into force June 25, 1965.

FEDERAL REGISTER. VOL, 36. NO. Citations Subject Date Citations Subject

US-Austria Agreement regarding Alien Amateur Radio Operators; 1965...... 16 UST 1160.______US-Peru Agreement regarding Allen Amateur Radio Operators. 1967 ...... 18 UST 2878. TIAS 5860. Effected by exchange of notes at Lima, June 28 and Aug. 11, 1965. TIAS 6378. Done at Vienna Nov. 21, 1967. Entered into force Dec. 21, 1967. Entered Into force Aug. 11, 1965. , 1967...... 18 UST 2882. US-Chile Agreement regarding Alien Amateur Radio Operators. TIAS 6380. Effected by exchange of notes at Washington N ov. 30, 1967. Entered US-Luxembourg Agreement regarding Allen Amateur Radio Opera­ into force Dec. 30, 1967. 1965...... 16 UST 1746...... US-Guatemala Agreement regarding Alien Amateur Radio Opera­ TIAS 5900. tors. Effected by exchange of notes at Luxembourg July 7 and 29, 1967...... 20 UST 2883. 1965. Entered into force July 29, 1965. TIAS 6766. tors. Effected by exchange, of notes at Guatemala Nov. 30 and Dec. 11, 1967. Entered into force Oct. 2,1969. US-Sierra Leone Agreement regarding Alien Amateur Radio Operar 1967 . 18 UST 3153. US-Finland Agreement regarding Alien Amateur Radio Operators. 1965...... _ 16 UST 1131...... Effected by exchange of notes at Helsinki Dec. 15 and 27, 1967. TIAS 5856. tors. Effected by exchange of notes at Freetown Aug. 14 and 16,1965. TIAS 6406. Entered into force Aug. 16,1965. Entered into force Dec. 27,1967. 1968 ...... 19 UST 7852. US-Monaco Agreement regarding Alien Amateur Radio Operators. TIAS 6622. Effected by exchange of notes at Nice and Paris Mar. 29, and Oct. 1965...... _ 16 UST 1742...... - US-Colombia Agreement regarding Alien Amateur Radio Operators. TIAS 5899. Effected by exchange of notes at Bogota Oct. 19 and 28, 1965. En­ 16, 1968. Entered into force Dec. 1, 1968. tered into force Nov. 28, 1965. 1968...... 19 UST 4892. US-Guyana Agreement regarding Alien Amateur Radio Operators. TIAS 6494. Effected by exchange of notes at Georgetown May 6 and 13, 1968. .. 16 UST 2047...... US-UK Agreement regarding Alien Amateur Radio Operators. Entered into force May 13,1968. 1965...... US-Barbados Agreement regarding Alien Amateur Radio Operators. TIAS 5941. Effected by exchange of notes at London Nov. 26,1965. Entered into 1968______1 19 TTST 5994. force Nov. 26,1965. Supplemented by the amendment contained in TIAS 6553. Effected by exchange of notes at Bridgetown Sept; 10 and 12, 1968. TIAS 6800 which was signed Dec. 11,1969. Entered into force Sept. 12, 1968. 1968...... 19 UST 6057. US-Ireland Agreement regarding Alien Amateur Radio Operators. TIAS 6566. Effected by exchange of notes at Dublin Oct. 10,1968. Entered into 1966...... 17 UST 328...... US-Paraguay Agreement regarding Alien Amateur Radio Operators. TIAS 5978. Effected by exchange of notes at Asuncion Mar. 18, 1966. Entered force Oct. 10,1968. into force Mar. 18, 1966. 1968 . 20 UST 490.. US-Indonesia Agreement regarding Alien Amateur Radio Operator TIAS 6654. Effected by exchange of notes at Djakarta Dec. 10, 1968. Entered into force Dec. 10,1968. 1966...... 17 UST 719...... US-France Agreement regarding Alien Amateur Radio Operators. TIAS 6022. Effected by exchange of notes at Paris May 6,1966, with related notes 1969 . 20 UST 773.. US-Sweden Agreement regarding Alien Amateur Radio Operators. of June 29 and July 6,1966. Entered into force July 1,1966. Modified TIAS 6690. Effected by exchange of notes at Stockholm May 27 and June 2, 1969. Entered into force June 2,1969. by the amendment contained in TIAS 6711 which was signed REGULATIONS AND RULES Oct. 3,1969. 1969...... 20 ÚST 2398. US-France Agreement regarding Alien Amateur Radio Operators Amending the Agreement of May 5,1966 (TIAS 6022). Effected by 1966...... 17 UST 813...... US-India Agreement regarding Alien Amateur Radio Operators. TIAS 6711. TIAS 6038. Effected by exchange of notes at New Delhi May 16 and 25, 1966. exchange of notes at Paris Oct. 3, 1969. Entered into force Oct. 3, Entered into force May 25,1966. 1969. US-UK Agreement regarding Alien Amateur Radio Operators 1966...... 17 UST 760...... US-Israel Agreement regarding Alien Amateur Radio Operators. 19691...... 20 UST 4089. TIAS 6028. Effected by exchange of notes at Washington June 15,1966. Entered TIAS 6800. Supplementing the Agreement of Nov. 26, 1965 (TIAS 5941). Ef­ into force June 15,1966. ' fected by exchange of notes at London Dec. 11, 1969. Entered into 1966...... 17 UST 2426...... US-Netherlands Agreement regarding Alien Amateur Radio Oper­ force Dec. 11, 1969. TIAS 6189. ators. Effected by exchange of notes at The Hague June 22, 1966. 1970. US-Brazil Agreement regarding Alien Amateur Radio Operators. Entered into force Dec. 21,1966. TIAS 6936. Effected by exchange of notes at Rio de Janeiro and Brasilia Jan. 26, 1966...... 17 UST 1120...... US-Federal Republic of Germany Arrangement regarding Alien June 19 and July 30, 1970. Entered into force June 19, 1970. TIAS 6068. Amateur Radio Operators. Effected by exchange of notes at Bonn June 23 and 30,1966. Entered into force June 30,1966. 1966...... - ...... St 17 UST 1039...... — US-Kuwait Agreement regarding Alien Amateur Radio Operators. * * * * * * * lit TIAS 6061. Effected by exchange of notes at Kuwait July 19 and 24,1966. En­ [FR Doc.71-2979 Filed 3-5-71;8:45 am] tered into force July 19,1966. 1966...... 17 UST 1560...... US-Nicaragua Agreement regarding Alien Amateur Radio Operators. TIAS 6112. Effected by exchange of notes at Managua Sept. 3 and 20, 1966. 51. Inasmuch as the amendments of Entered into force Sept. 20,1966. [Docket No. 18110] the rules- adopted herein relieve re­ 1966...... 17 UST 2215.;...... US-Panama Agreement regarding Alien Amateur Radio Operators. a TIAS 6159. Effected by exchange of notes at Panama Nov. 16,1966. Entered into PART 73— RADIO BROADCAST striction, they are, consistent with the force Nov. 16, 1966. provisions of section 4 of the Administra­ 1966 and 1967... 18 UST 525...______US-Honduras Agreement* regarding Alien Amateur Radio Opera­ SERVICES TIAS 6259. tors. Effected by exchange of notes at Tegucigalpa Dec. 29, 1966, tive Procedure Act (5 U.S.C. section 553 Jan. 24 and Apr. 17, 1967. Entered into force Apr. 17, 1967. Multiple Ownership of Standard, FM, (Supp. V, 1970)), being made effective 1967...... 18 UST 554...... US-Switzerland Agreement regarding Alien Amateur Radio Opera­ TIAS 6264. tors. Effected by exchange of notes at Bern Jan. 12 and May 16, and Television Broadcast Stations; 1967. Entered into force May 16,1967. sooner than 30 days after publication in 1967______.. 18 UST 543______US-Trinidad and Tobago Agreement regarding Alien Amateur Correction the F ederal R egister. Accordingly, it is TIAS 6261. Radio Operators. Effected by exchange of notes at St. Ann’s and Port of Spain Jan. 14 and Mar. 16, 1967. Entered into force Mar. 16, In the matter of amendment of further ordered, That Part 73 of the 1967. §§ 73.35, 73.240, and 73.636 of the Com­ 1967...... 18 UST 361...... US-Argentina Agreement regarding Alien Amateur Radio Opera­ Commission’s rules and regulations, is TIAS 6243. tors. Effected by exchange of notes at Buenos Aires Mar. 31, 1967. mission rules relating to multiple own­ amended, effective March 9, 1971, as set Entered into force Apr. 30,1967. ership of standard, FM and television 1967...... 18 UST 1661______US-E1 Salvador Agreement regarding Alien Amateur Radio Opera­ forth below. TIAS 6309. tors. Effected by exchange of notes at San Salvador May 24 and broadcast stations. June 5,1967. Entered it} to force June 5,1967. Released: March 4, 1971. 1967...... 18 UST 1241______US-Norway Agreement1 regarding Alien Amateur Radio Opera­ A Memorandum Opinion and Order TIAS 6273. tors. Effected by exchange of notes at Oslo May 27 and June 1, ederal ommunications 1967. Entered into force June 1, 1967. (FCC 71-211) in the above-entitled F C 1967...... 1 8 UST 1272...... US-New Zealand Agreement regarding Alien Amateur Radio Op­ matter, adopted February 26, 1971, and Commission, TIAS 6281. erators. Effected by exchange of notes at Wellington June 21, 1967 [seal] B en F. W aple, Entered into force June 21, 1967. released March 2, 1971 (36 F.R. 4284), Secretary. 1967...... 18 UST 2499...... US-Venezuela Agreement regarding Alien Amateur Radio Opera­ is corrected by changing paragraph 51 TIAS 6348. tors. Effected by exchange of notes at Caracas Sept. 18, 1967. Entered into force Oct. 3, 1967. thereof to read as follows: [FR Doc.71-3281 Filed 3-5-71;8:52 am] 4503

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4504 RULES AND REGULATIONS

hardships, modifications may be author­ emergency, forcing curtailment of their Title 49— TRANSPORTATION ized by the Chief Transporation Officer of operations, and thus creating great eco­ the car owner. Such modifications must nomic loss and reduced employment of Chapter X— Interstate Commerce be confirmed in writing to W. H. Va,n their personnel; that certain gondola Commission Slyke, Chairman, Car Service Division, cars, after being unloaded, are being ap­ SUBCHAPTER A— GENERAL RULES AND Association of American Railroads, propriated and being retained in serv­ REGULATIONS Washington, D.C., for submission to R. D. ices for which they have not been des­ Pfahler, Director, Bureau of Operations, [Rev. S .0 .1061] ignated by the car owners; that present Interstate Commerce Commission. rules, regulations, and practices with re­ PART 1033— CAR SERVICE (4) No common carrier by railroadspect to the use, supply, control, move­ subject to the Interstate Commerce Act ment, distribution, exchange, inter­ Regulations for Return of Hopper Cars shall accept from shipper any loaded change, and return of certain gondola At a session of the Interstate Com­ hopper car for movements contrary to cars owned by these railroads are inef­ merce Commission, Railroad Service the provisions of subparagraphs (2) and fective; and that efforts by the Associa­ Board, held in Washington, D.C., on thè (3) of this paragraph. tion of American Railroads to promote 2d day of March 1971. (b) The term “hopper cars” as used in more equitable distribution of gondola It appearing, that an acute shortage this order, means freight cars having a cars have proved ineffective. It is the of hopper cars exists on the railroads mechanical designation “HD”, “HM”, opinion of the Commission that an named in paragraph (a) (1) herein; that “HK”, or “HT”, in the Official Railway emergency exists requiring immediate shippers located on the lines of this car­ .Equipment Register, I.C.C. R.E.R. No. action to promote car service in the in­ rier are being deprived of hopper cars 378, issued by E. J. McFarland, or reis­ terest of the public and the commerce of required for loading, resulting In an sues thereof. the people. Accordingly, the Commission finds that notice and public procedure emergency, forcing curtailment of their (c) Application: The provisions of this are impracticable and contrary to the operations, and thus creating great eco­ order shall apply to intrastate, interstate, nomic loss and reduced employment of public interest, and that good cause ex­ and foreign commerce. ists for making this order effective upon their personnel; that coal stockpiles of (d) Effective date: This order shall several utility companies are being de­ less than 30 days’ notice. become effective at 12:01 a.m„ March 5, It is ordered, That: pleted; that hopper cars, after being un­ 1971. loaded, are being appropriated and being §10 33 .1 06 6 Service Order No. 1066. retained in services for which they have (e) Expiration date: The provisions of not been designated by the car owner; this order shall expire at 11:59 p.m„ (a) Distribution of gondola cars. Each that present regulations and practices April 30, 1971, unless otherwise modified, common carrier by railroad subject to with respect to the use, supply, control, changed, or suspended by order of this the Interstate Commerce Act shall ob­ movement, distribution, exchange, inter­ Commission. serve, enforce, and obey the following change, and return of hopper cars are (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, rules, regulations, and practices with re­ ineffective. It is the opinion of the Com­ 384, as amended; 49 U.S.C. 1, 12, 15, and 17 spect to its car service: mission that an emergency exists re­ (2). Interprets or applies secs. 1 (10-17), 15 (1) Return to owners empty, except quiring immediate action to promote car (4 ) , and 17(2), 40 Stat. 101, as amended 54 as otherwise authorized in subpara­ Stat. 911; 49 U.S.C. 1(10-17), 15(4), and graphs (2) and (4) of this paragraph, service in the interest of the public and 17(2)) the commerce of the people. Accordingly, all plain unequipped general service the Commission finds that notice and It is further ordered, That copies of gondola cars which are listed in the Offi­ public procedure are impracticable and this order shall be served upon the Asso­ cial Railway Equipment Register I.C.C. R.E.R. 378 issued by E. J. McFarland, contrary to the public interest, and that ciation of American Railroads, Car Serv­ or reissues thereof, as having mechani­ good cause exists for making this order ice Division, as agent of the railroads subscribing to the car service and per cal designations “ GB” or “GT” owned by effective upon less than 30 days’ notice. the following railroads: It is ordered, That: diem agreement under the terms of that agreement, and upon the American Short The Baltimore and Ohio Railroad Co. Re- § 1033.1061 Service Order No. 1061. Line Railroad Association; and that no­ porting marks: B&O. Bessemer and Lake Erie Railroad Co. Re­ (a) Regulations for return of hopper tice of this order shall be given to the general public by depositing a copy in the porting marks: B&LE. cars: Each common carrier by railroad The Central Railroad Company of New subject to the Interstate Commerce Act, Office of the Secretary of the Commission Jersey, Robert D. Timpany, Trustee. Re­ with the exception of those carriers at Washington, D.C., and by filing it with porting marks: CNJ. named in Service Order No. 1043 (Service the Director, Office of the Federal The Chesapeake and Ohio Railway Co. Re­ Order No. 1043 remains in effect, and Register. porting marks: C&O. Erie Lackawanna Railway Co. Reporting carriers named therein must continue By the Commission, Railroad Service to comply with its provisions), shall ob­ marks: EL, DL&W, Erie. Board. Lehigh Valley Railroad Co., John F. Nasn serve, enforce, and obey the following and R. C. Haldeman, Trustees. Reporting [ seal] R obert L. O swald, rules, regulations, and practices with re­ marks: LV. spect to its car service: Secretary. Missouri-Kansas-Texas Railroad Co. Report­ (1) Exclude from all loading and re­ [FR Doc.71-3183 Filed 3-5-71;8:49 am] ing marks: MKT, BKTY. turn to owner empty, except as otherwise Norfolk and Western Railway Co. Reporting authorized in subparagraphs (2) and (3) marks: N&W, NKP, P&WV, WAB. [Rev. S.O. 1066] Penn Central Transportation Co., George r. of this paragraph, all hopper cars owned Baker, Richard C. Bond, Jervis Langdon, by the following railroads : PART 1033— CAR SERVICE Jr., and Willard Wirtz, Trustees. Report­ Missouri-Kansas-Texas Railroad Co. Report­ ing marks: PC, NYC, PRR. „ ing marks: MKT, BKTY. Distribution of Gondola Cars The Pittsburgh and Lake Erie Railroad St. Louis-San Francisco Railway Co. Report­ At a session of the Interstate Com­ Reporting marks: P&LE. ing marks: SLSF. Reading Co. Reporting marks: RDG. merce Commission, Railroad Service Union Railroad Co. (Pittsburgh, Pa.). (2) Hopper cars described in subpara­ Board, held in Washington, D.C., on the porting marks: Union, URR. graph (1) of this paragraph may be 2d day of March 1971. Western Maryland Railway Co. Reporting loaded to stations on the lines of the It appearing, that an acute shortage marks: WM. owning railroad, provided such loading of plain unequipped general service (2) Except as authorized in subpara­ is available at unloading point. Back- gondola cars exists on the railroads graph (4) of this paragraph, gonaoia hauling of empties is prohibited. named in paragraph (a) (1) herein; that cars described in subparagraph W (3) For the purpose of improving car shippers located on the lines of these this paragraph may be loaded only utilization and the efficiency of railroad carriers are being deprived of such cars destinations on or via the owning operations, or alleviating inequities or required for loading, resulting in an or to a junction with the owner.

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 RULES AND REGULATIONS 4505 must not be back-hauled to obtain load­ PART 1048— COMMERCIAL ZONES necessary, and contrary to the public ing as authorized in this paragraph. interest. Nashville and Davidson County, (3) Except as authorized in subpara­ Paragraph (b) of § 280.6 is amended graph (4) of this paragraph, gondola Tenn.; Correction to read as follows: cars, empty at a junction with the In the F ederal R egister publication of § 280.6 Restrictions applicable to fish­ owner, must be delivered empty to the February 26, 1971 (36 F.R. 3515), the ing vessels. owner at that junction. CFR citation in the above-entitled mat­ * * * * * (4) For the purpose of improving car ter was incorrectly noted as § 1048.39. (b) Any master or other person in utilization and the efficiency of railroad This designation should have been charge of a fishing vessel which has de­ operations, or alleviating inequities or § 1048.40. parted port to engage in tuna fishing The Report and Order in this proceed­ hardships, modifications may be author­ prior to the date of the closure of the ized by the Chief Transportation Officer ing, which will appear in the Commis­ yellowfin fishing season may continue to of the car owner. Such modifications sion’s bound volume, will be corrected ac­ take and retain yellowfin tuna without must be confirmed in writing to W. H. cordingly. restriction as to quantity until the fishing Van Slyke, Chairman, Car Service Divi­ [seal] R obert L. O swald, voyage has been completed by unloading sion, Association of American Railroads, Secretary. from such fishing vessel the whole or Washington, D.C., for submission to R. D. [FR Doc.71-3232 Filed 3-5-71;8:52 am] any part of the cargo of tuna taken dur­ Pfahler, Director, Bureau of Operations, ing such voyage. Furthermore for 1971 Interstate Commerce Commission. only any vessel which has completed a (5) No common carrier by railroad tuna fishing voyage in the regulatory subject to the Interstate Commerce Act area during the then current open sea­ shall accept from shipper any loaded Title 50— WILDLIFE AND son and is in port at the time of the date gondola car, described in this order, of closure of such season shall be allowed contrary to the provisions of this order. FISHERIES "to depart such port within 30 days after (b) Application. The provisions o f this Chapter II— National Marine Fisheries said date of closure for an unrestricted order shall apply to intrastate, inter­ Service, National Oceanic and At­ fishing voyage. For the purposes of this state, and foreign commerce. mospheric Administration, Depart­ subsection, the date of departure from (c) Effective date. This order shall port refers to the date on which the fish­ become effective at 12:01 a.m., March 4, ment of Commerce ing vessel departs from a port to proceed 1971. SUBCHAPTER H— EASTERN PACIFIC TUNA directly to the fishing grounds outfitted, (d) Expiration date. The provisions FISHERIES supplied, fueled, provisioned, and manned by officers and crew in the man­ of this order shall expire at 11:59 p.m., PART 280— YELLOWFIN TUNA April 30,1971, unless otherwise modified, ner and to the extent usually required to changed, or suspended by order of this Restrictions Applicable to Fishing carry out fishing operations, by means of such vessel: Provided, That a stopover at Commission. Vessels a single intermediate port, not exceed­ (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, The member Governments have ap­ ing 48 hours, is permitted for the specific 384, as amended; 49 U.S.O. 1, 12, 15, and 17 proved a further relaxation of the por­ purpose of meeting any deficiencies in (2). Interprets or applies secs. 1(10-17), 15. (4), and 17(2), 40 Stat. 101, as amended 54 tion of the Resolution of the Inter- such outfitting, supplying, fueling, pro­ Stat. 911; 49 U.S.C. 1(10-17), 15(4), and American Tropical Tima Commission visioning, or manning needs of the ves­ 17(2)) requiring that vessels depart port within sel for a fishing voyage. A stay in an in­ 10 days after the date of closure of the termediate port in excess of 48 hours It is further ordered, That copies of yellowfin tuna fishing season in order to shall constitute a new date of departure this order shall be served upon the As­ qualify to continue to take and retain from port coinciding with the date of the sociation of American Railroads, Car yellowfin tuna without restriction on delayed departure from the intermediate Service Division, as agent of the rail­ that trip (35 F.R. 4964). Therefore port. roads subscribing to the car service and § 280.6(b) is amended so that for 1971 This amendment is adopted under the Per diem agreement under the terms of only in order to avoid congestion of un­ loading, and processing facilities around authority contained in subsection (c) of that agreement, and upon the American the date of the season closure and the section 6 of the Tuna Conventions Act of Short Line Railroad Association; and danger that vessels may put to sea with­ 1950 as amended (16 U.S.C. 955(e)) as that notice of this order shall be given out adequate preparations any United modified by Reorganization Plan Num­ to the general public by depositing a States tuna vessel which has completed ber 4, effective October 3, 1970 (35 F.R. a fishing voyage in the regulatory area copy in the Office of the Secretary of the 15627). This amendment shall be effec­ during the current open season and is in Commission at Washington, D.C., and by port at the time of the closure shall be tive upon publication in the F ederal filing it with the Director, Office of the allowed to depart such port within 30 R egister (3-6-71). federal Register. days after said closure for an unre­ Issued at Washington, D.C., and dated By the Commission, Railroad Service stricted fishing voyage. Since the closure March 3,1971. of the yellowfin tuna fishing season could Board. Philip M. R oedel, occur in the near future, and since this [seal] R obert L. O swald, Director, amendment relieves a restriction, it has Natonal Marine Fisheries Service. Secretary. been determined that notice and public IFR Doc.71-3184 Filed 3-5-71;8:49 am] procedure thereon are impracticable, un­ [FR Doc.71-3142 Filed 3-5-71;8:46 am]

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 No. 45____7 4506

Proposed Rule Making

terior Building, Washington, D.C. 20235, § 254.8 New work requirement. within 30 days of the date of publication DEPARTMENT OF COMMERCE Project proposals shall set forth un­ of this notice in the F ederal R egister. National Oceanic and Atmospheric dertakings which constitute activities in Administration P hilip M. R oedel, addition to current programs. It is de­ Director, sirable that projects represent entirely [ 50 CFR Part 253 ] National Marine Fisheries Service. new undertakings. However, expansion of existing programs for control or COMMERCIAL FISHERIES RESEARCH M arch 3, 1971. elimination of jellyfish and other such AND DEVELOPMENT [FR Doc.71-3155 Filed 3-5-71:8:47 am] pests in coastal waters and research on Supplemental.. Notice of Proposed control of floating seaweed in such waters Rule Making [ 50 CFR Part 254 1 is satisfactory provided such existing programs are not reduced insofar as the The proposed regulations of Decem­ CONTROL OR ELIMINATION OF cooperator’s financial participation is ber 15, 1970 (35 F.R., 18975) set forth JELLYFISH • concerned. procedures to be used by the Secretary Interested persons may submit written in providing financial assistance to State Supplemental Notice of Proposed comments, suggestions, or objections agencies for research and development Rule Making with respect to this proposed supplement of the commercial fisheries resources of or regarding the notice of proposed rule the Nation under the authority of the The proposed regulations of Decem­ making of December 15 to the Director, Commercial Fisheries Research and De­ ber 15, 1970 (35 F.R. 18977) set forth National Marine Fisheries Service, De­ velopment Act as amended (82 Stat. procedures to be used by the Secretary partment of Commerce, Interior Build­ 957; 16 U.S.C. 778 et seq.), and Reor­ in providing financial assistance to State ing, Washington, D.C. 20235, within 30 ganization Plan No. 4 of 1970. This agencies for the control or elimination of days of the date of publication of this supplement to the notice of proposed jellyfish and other such pests in coastal notice in the Federal R egister. rule making of December 15, 1970, is in­ waters and for research on control of tended to remove § 253.2(f) and to revise floating seaweed in such waters under P hilip M. R oedel, § 253.3(b) in consideration of comments the authority of the Jellyfish Act as Director, received and to provide an additional 30- amended (84 Stat. 922; 16 U.S.C. 1201 National Marine Fisheries Service. day period for public comments on this et seq.), and Reorganization Plan Num­ M arch 3,1971. notice and on the original notice. ber 4 of 1970. This supplement to the [FR Doc.71-3156 Filed 3-5-71;8:47 am] 1. The notice of proposed rule making notice of proposed rule making of De­ of December 15, 1970, is revised by cember 15, 1970, is intended to revise deleting paragraph (f) of § 253.2. § 254.3(b) and to add a new section E 50 CFR Part 401 1 2. The notice of proposed rule making based on comments received and to pro­ of December 15, 1970, is revised by vide an additional 30-day period for ANADROMOUS FISHERIES CONSER­ amending paragraph (b) of § 253.3 to public comment on this notice and on VATION, DEVELOPM ENT AND read as follows: the original notice. The proposed revi­ ENHANCEMENT sion and new section follow: § 253.3 General provisions. 1. The notice of proposed rule making Notice of Proposed Rule Making * * ' * * ♦ of December 15, 1970, is revised by Notice is hereby given that pursuant to amending paragraph (b) of § 254.3 to (b) Project proposal. (1) A project the authority vested in the Secretary of read as follows: proposal shall be submitted for each pro­ Commerce under provisions of the Anad- posed project for approval by the Sec­ § 254.3 General provisions. romous Fish Act, as amended (84 Stat. retary. An approved project proposal * * * * * 214; 16 Ü.S.C. 757 et seq.), and Reorgani­ shall not be binding on the parties until zation Plan Number 4 o f 1970, effective incorporated in a cooperative agreement. (b) Project proposal. (1) A project October 3,1970 (35 F.R. 15627), it is pro­ (2) Project proposals utilizing an al­ proposal shall be submitted for each pro­ posed to amend Part 401 of Title 50, Code location of State funds additional to posed project for approval by the Sec­ of Federal Regulations, as set fo rth be­ amount previously allocated by the retary. An approved project proposal low. The purpose of this amendment is State for commercial fishery research shall not be binding on the parties until to establish procedures to be used by the and development activities shall be pre­ incorporated in a cooperative agreement. Secretary in providing financial assist- ferred over project proposals utilizing ( 2 ) Proj ect proposals utilizing an alio - ance to State agencies and other non- an allocation of State funds which do cation of State funds additional to Federal interests for conservation, de­ not involve an increase of State funds amounts previously allocated by the velopment and enhancement of the anad- dedicated to commercial fishery research State for the control or elimination of romous fisheries resources of the Nation and development programs. No project jellyfish and other such pests in coastal and fishes of the Great Lakes which proposal which involves a reduction of waters and for research on control of. ascend streams to spawn. This amend­ State funds previously dedicated to floating seaweed in such waters shall be ment clarifies certain definitions, estab­ commercial fishery research and devel­ preferred over project proposals utilizing lishes uniform terminology, and a.dds opment activities will be approved. an allocation of State funds which do coverage responsive to recent legislation. * * * * * not involve an increase of State funds In view of the numerous changes, this dedicated to such programs. No project amendment is set forth as a complete Interested persons may submit writ­ proposal which involves a réduction of ten comments, suggestions, or objections State funds previously dedicated to such revision of the regulations. The propose with respect to this proposed supple­ programs will be approved. amendment relates to matters which are ment or regarding the notice of pro­ exempt from the rule making require­ posed rule making of December, 15 to 2. The notice of proposed rule making the Director, National Marine Fisheries of December 15, 1970, is revised by add­ ments of the Administrative Procedures Service, Department of Commerce, In­ ing a new § 254.8 to read as follows: Act (5 U.S.C. 553(a) (2)). However, it is

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 PROPOSED RULE MAKING 4507 the policy of the Department of Com­ other information as may be required by cient services and impartial selection of merce that, whenever practicable, the the Secretary. subcontractors. rule making requirements be observed (1) Cooperative agreement. The con­ (e) Prosecution of work. (1) The voluntarily. tract for anadromous fish conservation, prosecution of work by the cooperator Interested persons may submit written development, and enhancement activi­ shall be performed in a manner accept­ comments, suggestions, or objections ties to be carried on as provided by the able to the Secretary. Unsatisfactory per­ with respect to the proposed amendment Act and these regulations. Such agree­ formance shall be cause for the Secre­ to the Director, National Marine Fish­ ment shall set forth the terms and con­ tary to withhold payments .^Cooperative eries Service, Department of Commerce, ditions binding upon the cooperator and agreements may be terminated or sus­ Washington, D.C. 20235, within 30 days the Secretary, including the objectives, pended upon determination by the Sec­ of the date of publication of this notice procedures, costs and terms of the agree­ retary that satisfactory progress has not in the Federal R egister. ment, and such other provisions as may been maintained. Sec. be appropriate. (2) All work shall be performed in 401.1 Administration. (j) Project. Any undertaking which is accordance with applicable State laws 401.2 Definitions. established upon execution of a coopera­ except when such laws are in conflict 401.3 General provisions. tive agreement involving'the conserva­ 401.4 Availability of funds. with Federal laws or regulations, in 401.5 Cost sharing. tion, development, and enhancement of which case such Federal law or regula­ 401.6 New work requirement. anadromous fish. tions shall prevail. 401.7 Environment. (k) Basin. Rivers and their tribu­ (f) Economy and efficiency of opera­ 401.8 Water pollution control. taries, lakes, estuaries, bays, sounds, and tions. No cooperative agreement shall be other bodies of water or portions thereof. Authority : The provisions of this Part executed until the cooperator has shown 401 issued under Public Law 89-304, 79 Stat. § 401.3 General provisions. to the satisfaction of the Secretary that 1125; as amended by Public Law 91—249, 84 appropriate and adequate means shall Stat. 214 (16 U.S.C. 757a et seq.) and as (a) Submission of applications. Proj­ ect proposals and proposed cooperative be employed to achieve economy and effi­ modified by Reorganization Plan No. 4 of ciency, including the avoidance of un­ 1970, effective Oct. 3, 1970 (35F.R. 15627). agreements shall be submitted to the concerned Regional Office of the Na­ desirable duplication, in the completion § 401.1 Administration. tional Marine Fisheries Service or the of a project. The National Marine Fisheries Service Bureau of Sport Fisheries and Wildlife. § 401.4 Availability of funds. and the Bureau of Sport Fisheries and (b) Project proposal. (1) A project (a) Allocation. On July 1 of each year, Wildlife shall jointly administer the proposal shall be submitted for each or as soon thereafter as practicable, the Anadromous Fish Conservation Act for proposed project for approval by the Secretary shall notify respective States the Secretary of Commerce and the Sec­ Secretary. An approved project proposal and other non-Federal interests of the retary of the Interior, respectively. shall not be binding on the parties until amount of funds tentatively allocated § 401.2 Definitions. incorporated in a cooperative agreement. to each under section 4 of the Act. (2) Project proposals utilizing an al­ As used in this part, terms shall have location of State funds additional (b) Obligation. Federal funds tenta­ the meaning ascribed in this section. to amounts previously allocated by the tively allocated to a cooperator for ob­ (a) Secretary. The Secretary of Com­ State for anadromous fish conservation, ligation in any fiscal year, beginning merce or his authorized representatives development, and enhancement activities wi£J} fiscal year 1972, remain available or the Secretary of the Interior or his shall be preferred over project proposals to rhe cooperator for obligation until authoized representatives. utilizing an allocation of State funds the end of the succeeding fiscal year. (b) Act. The Anadromous Fish Con­ which do not involve an increase of State If the total amount allocated or any por­ servation Act, Public Law 89-304, 79 funds dedicated to such programs. No tion thereof is unobligated at the end 5tat. 1125, as amended by Public Law project proposal which involves a reduc­ of this 2-year allocation period, such 91-249, 84 Stat. 214 (16 U.S.C. 757a tion of State funds previously dedicated funds are withdrawn and reallocated for et seq.) to such programs will be approved. obligation. (c) State. Any State of the United (c) Cooperative agreement. (1) After (c) Project savings. Unspent obligated States which has had or now contains the Secretary has approved a project funds or project savings remain avail­ anadromous fish and the States border­ proposal, activities to be undertaken by able to the cooperator for reobligation ' s the Great Lakes. the cooperator and the obligation of up to 1 year following termination of State fishery agency. Any agency Federal funds shall be evidenced by a the cooperative agreement. or official (s) of a State empowered under cooperative agreement executed by the § 401.5 Cost sharing. lts *aws to administer the commercial cooperator and the Secretary. Such or sport fishery. agreement may be amended by mutual (a) Level of cost sharing. The Federal (e) Other non-Federal interest. Any consent of the parties. share of the cost of approved projects organization, association, institution, (2) The Secretary shall not enter into shall not exceed 50 percent except that H g fe school, individual or group of a cooperative agreement with a non- the Federal share may be increased to individuals, municipality, and others Federal interest other than a State unless a maximum of 60 percent when two or outside the Federal Government other the project agreed upon has approval more States having a common interest jnan State fishery agencies who desire of the State fishery agency responsible in a basin jointly ènter into a coopera­ 10 (cPopera^e within the terms of the Act. for the fishery resources which will be tive agreement. Under 60 percent Fed­ Cooperator. A State fishery agency affected. eral funding, the financial participation r other non-Federal'interest participat­ (3) The cooperative agreement shall of each State entering into a joint co­ e s to a cooperative agreement with the contain applicable provisions as required operative agreement should be consistent secretary. by Federal law and regulations. These with the magnitude of its interest, the t ^ Anadromous fish. All aquatic, gill provisions are identified in the Federal extent of available funds and priorities. no- j n£?’ vertebrate animals bearing Aid for Fisheries Handbook, the most Each State cooperating in such jointly Parcel fins wWch migrate to and spawn recent version of which may be obtained funded project must participate finan­ tho-v water, but which spend part of from the Director, National - Marine cially to the extent of at least 10 percent in salt water; also, fish which Fisheries Service. of the total estimated cost of the project. Pmid part of their life in the Great (d) Subcontracts. In the performance (b) Property as matching funds. (1) ifr®8 and spawn in streams tributary of work under a cooperative agreement, The non-Federal share of the cost of to the Great Lakes. subcontracts shall be solicited and projects may be in the form of real or wnlt / >r°iect Proposal. A description of awarded according to the laws and regu­ personal property. Such property must t ,. i® he accomplished, including ob- lations of the State provided the Secre­ be directly related to the work involved tinTVes’ Procedures, cost, location, and tary is satisfied that adequate steps have and must be an appropriate cost item of required for completion, and such been taken to insure economical and effi­ the project. To establish the value of

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4508 PROPOSED RULE MAKING

such property, the cooperator shall fur­ 45°34'05" N., longitude 95°58'10" W.); and nish such current market value appraisal DEPARTMENT OF within 3 miles each side of the 138° bearing information as the Secretary may re­ from the Morris Municipal Airport extending from the airport to 7 miles southeast of the quire. TRANSPORTATION airport; and that airspace extending upward (2) Eligible property would include, from 1,200 feet above the surface within 9% among other things, the ground on which Federal Aviation Administration miles northeast and 4 % miles southwest of a structure is placed including a reason­ [ 14 CFR Part 71 1 the 1388 bearing from the Morris Municipal able amount of adjoining area required Airport extending from the airport to 18% [Airspace Docket No. 71-CE-8] miles southeast of the airport; and within for parking?access, loading, and the like; 5 miles each side of the 318° bearing from and the heating, plumbing, and elec­ TRANSITION AREA the Morris Municipal Airport extending from trical, and other facilities of an exist­ the airport to 12 miles northwest of the ing structure or complex provided there Proposed Alteration airport. is unused capability. Any portion of an The Federal Aviation Administration This amendment is proposed under the existing facility used in connection with is considering amending Part 71 of the authority of section 307(a) of the Fed­ a new facility shall, unless otherwse ap­ Federal Aviation Regulations so as to eral Aviation Act of 1958 (49 U.S.C. 1348), parent, be presumed to be excess t6 the alter the transition area at Morris, Minn. and of section 6(c) of the Department existing facility and available for the Interested persons may participate in of Transportation Act (49 U.S.C. 1655 new facility. The proportionate cost of the proposed rule making by submitting (c)). the “new facility” or portion of any ex­ such written data, views, or arguments isting facility u^ed as matching property as they may desire. Communications Issued in Kansas City, Mo., on Feb­ may be considered as a part of the should be submitted in triplicate to the ruary 3, 1971. contribution of a cooperator. Director, Central Region, Attention: J ohn A. Hargrave, (3) The value of property used as Chief, Air Traffic Division, Federal Avia­ Acting Director, Central Region. matching funds may be distributed to tion Administration, Federal Building, [FR Doc.71-3166 Filed 3-5-71;8:48 am] more than one cooperative agreement 601 East 12th Street, Kansas City, MO when such distribution of value is justi­ 64106. AH communications received with­ [ 14 CFR Part 71 ] fied by direct relationship to the proj­ in 45 days after publication of this notice [Airspace Docket No. 71-CE-9] ects concerned. Property may be used as in the F ederal R egister will be consid­ matching funds until the appraised value ered before action is taken on the pro­ TRANSITION AREA of the eligible property is fully utilized. posed amendment. No public hearing is (4) Property which has been used as contemplated at this time, but arrange­ Proposed Designation matching funds may, to that extent, be ments for informal conferences with Fed­ The Federal Aviation Administration operated and maintained as a project eral Aviation Administration officials is considering amending Part 71 of the activity. may be made by contacting the Regional Federal Aviation Regulations so as to Air Traffic Division Chief. Any data, § 401.6 New work requirement. designate a transition area at Eagle views, or arguments presented during River, Wis. Project proposals shall set forth un­ such conferences must also be submitted Interested persons may participate in dertakings which constitute activities in in writing in accordance with this no­ the proposed rule making by submitting addition to current programs. It is de­ tice in order to become part of the rec­ such written data, views, or arguments sirable that projects represent entirely ord for consideration. The proposal con­ as they may desire. Communications new undertakings. However, expansion tained in this notice may be changed in should be submitted in triplicate to the of existing anadromous fish conserva­ the light of comments received. Director, Central Region, Attention: tion, development, and enhancement A public docket will be available for Chief, Air Traffic Division, Federal Avia­ programs is satisfactory provided these examination by interested persons in the tion Administration, Federal Building, programs are not reduced insofar as the. Office of the Regional Counsel, Federal 601 East 12th Street, Kansas City, MO cooperator’s financial participation is Aviation Administration, Federal Build­ 64106. All communications received concerned. ing, 601 East 12th Street, Kansas City, within 45 days after publication of tms MO 64106. § 401.7 Environment. notice in the F ederal R egister will be Since designation of controlled air­ considered before action is taken on the Projects contracted for shall be per­ space at Morris, Minn., a new pub­ proposed amendment. No public hear­ formed consistent with the policies set lic use instrument approach procedure ing is contemplated at this time, but ar­ forth in the National Environmental ljas been developed for Morris Municipal rangements for informal conferences Policy Act of 1969 (83 Stat. 852; 42 U.S.C. Airport. In addition, the criteria for des­ with Federal Aviation Administration 4321 etseq.). ignation of-transition areas have been officials may be made by contacting the §401.8 Water pollution control. changed. Accordingly, it is necessary to Regional Air Traffic Division Chief, juiy alter the Morris transition area to ade­ data, views, or arguments presented dur­ In the performance of work under a quately protect aircraft executing the ing such conferences must also be¡su b ­ cooperative agreement the cooperator new approach procedure and to comply mitted in writing in accordance with tms shall take such action as is necessary with the new transition area criteria. notice in order to become part oi t to avoid pollution of water as a direct or In consideration of the foregoing, the record for consideration. The P£°P° . indirect result of a contract activity. Federal Aviation Administration pro­ contained in this notice may be chang Water quality must be maintained at a poses to amend Part 71 of the Federal in the light of comments received. level consistent with applicable water Aviation Regulations as hereinafter set A public docket will be available quality standards. forth: examination by interested persons In § 71.181 (36 F.R. 2140), the follow­ the Office of the Regional Counsel, tea- P hilip M. R oedel, ing transition area is amended to read: Director. eral Aviation Administration, Fed National Marine Fisheries Service. Morris, Min n . Building, 601 East 12th Street, Kansa That airspace extending upward from 700 City, MO 64106. , M arch 3, 1971. feet above the surface within a 5%-mile A new public use instrument approach [FR Doc.71-3157 Filed 3-5-71;8:47 am] radius of Morris Municipal Airport (latitude procedure has been developed fo

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 PROPOSED RULE MAKING 4509

Eagle River, Wis., Municipal Airport with Federal Aviation Administration within 45 days after publication of this utilising1 a city-owned nondirectional officials may be made by contacting the notice in the F ederal R egister will be radio beacon as a navigational aid. Con­ Regional Air Traffic Division Chief. Any considered before action is taken on the sequently, it is necessary to provide con­ data, views, or arguments presented dur­ proposed amendment. No public hearing trolled airspace protection for aircraft ing such conferences must also be sub­ is contemplated at this time, but ar­ executing this new approach procedure mitted in writing in accordance with this rangements for informal conferences by designating a transition area at Eagle notice in order to become part of the with Federal Aviation Administration River, Wis. The new procedure will be­ record for consideration. The proposal officials may be made by contacting the come effective concurrently with the des­ contained in this notice may be changed Regional Air Traffic Division Chief. Any ignation of tiie transition area. IFR air in the light of comments received. data, views, or arguments presented dur­ traffic at this location will be controlled A public docket will be available for ing such conferences must also be sub­ by the Minneapolis Air Route Traffic examination by interested persons in the mitted in writing in accordance with Control Center. Office of the Regional Counsel, Federal this notice in order to become part of In consideration of the foregoing, the Aviation Administration, Federal Build­ the record for consideration. The pro­ Federal Aviation Administration pro­ ing, 601 East 12th Street, Kansas City, posal contained in this notice may be poses to amend Part 71 of the Federal MO 64106. changed in the light of comments Aviation Regulations as hereinafter set Since designation of controlled air­ received. forth: space at West Bend, Wis., a new instru­ A public docket will be available for In § 71.181 (36 F.R. 2140), the follow­ ment approach procedure has been de­ examination by interested persons in ing transition area is added: veloped for the West Bend Municipal the Office of the Regional Counsel, Fed­ Airport. In addition the criteria for des­ eral Aviation Administration, Federal Eagle River, W is. ignation of transition areas have Building, 601 East 12th Street, Kansas That airspace extending upward from 700 City, MO 64106. feet above the surface within a 5-mile radius changed. Accordingly, it is necessary to alter the West Bend transition area to Since designation of controlled air­ of Eagle River Municipal Airport (latitude space, a new public use instrument ap­ 45°55'45" N., longitude 89*16'00" W .); and adequately protect aircraft executing the within 3 miles each side of the 037° bearing new approach procedure and to comply proach procedure has been developed for from Eagle River Municipal Airport extend­ with the new transition area criteria. the Brainerd-Crow Wing County Air­ ing from the 5-mile-radius area to 7■% miles In consideration of the foregoing, the port, Brainerd, Minn. Accordingly, it is northeast of the airport; and that airspace Federal Aviation Administration pro­ necessary to alter the Brainerd, Minn., extending upward from 1,200 feet above the poses to amend Part 71 of the Federal transition area to adequately protect air­ surface within 4% miles southeast and 9% craft executing this new approach pro­ miles northwest of the 037° and 217* bear­ Aviation Regulations as hereinafter set forth : cedure. ings from Eagle River Municipal Airport, In consideration of the foregoing, the extending from 6 miles southwest to, 18 % In § 71.181 (36 F.R. 2140), the follow­ Federal Aviation Administration pro­ miles northeast of the airport, excluding the ing transition area is amended to read: portions which overlap the Rhinelander and poses to amend Part 71 of the Federal Land O’Lakes, Wis., transition areas. West Bend, Wis. Aviation Regulations as hereinafter set forth: This amendment is proposed under the That airspace extending upward from 700 authority of section 307(a) of the Fed­ feet above the surface .within a 7-mile radius In § 71.181 (36 F.R. 2140), the follow­ of West Bend Municipal Airport (latitude ing transition area is amended to read: eral Aviation Act o f 1958 (49 U.S.C. 43*25'20" N., longitude 88°07'45" W .); and 1348), and of section 6(c) of the Depart­ within 3 miles each side of the 133°_bearing Brainerd, Min n . ment of Transportation Act (49 U.S.C. from the West Bend Municipal Airport, ex­ That airspace extending upward from 700 1655(c)). tending from the 7-mile-radius area to 7 y2 feet above the surface within a 7-mile radius miles southeast of the airport. of the Brainerd-Crow Wing County' Airport Issued in Kansas City, Mo., on Febru­ (latitude 46*23'55" N., longitude 94°08'15'' ary 14,1971. This amendment is proposed under the W .); within 3 miles each side of the 120 s authority of section 307(a) of the Fed­ D aniel E. B arrow, radial of the Brainerd VORTAC extending eral Aviation Act of 1958 (49 U.S.C. 1348), Acting Director, Central Region. from the 7-mile-radius area to 1% miles and of section 6(c) of the Department of southeast of the VORTAC; within 5 miles [PR Doc.71-3167 Piled 3-5-71;8:48 am] Transportation Act (49 U.S.C. 1655(c)). each side of the Brainerd VORTAC 302* radial extending from the 7-mile-radius area Issued in Kansas City, Mo., on Febru­ to 21 miles northwest of the VORTAC; with­ I 14 CFR Part 71 1 ary 12,1971. in 3 miles each side of the 198* bearing from D aniel E. B arrow, Brainerd-Crow Wing County Airport, extend­ [Airspace Docket No. 71-CE-10] Acting Director, Central Region. ing from the 7-mile-radius area to 11% miles south of the airport; and within 3 tr a n sitio n a r e a [PR Doc.71-3168 Piled 3-5-71;8:48 am] miles each side of the 043* bearing from the Brainerd-Crow Wing County Airport, extend­ Proposed Alteration ing from the 7-mile-radius area to 7% miles The Federal Aviation Administration is [1 4 CFR Part 71 1 northeast of the airport; and that airspace considering amending Part 71 of the [Airspace Docket No. 71-CE-ll] extending upward from 1,200 feet above the federal Aviation. Regulations so as to surface within a 13-mile radius of the Brain­ TRANSITION AREA erd VORTAC; within 9% miles southwest and mter the transition area at West Bend, 4% miles northeast of the Brainerd VORTAC Proposed Alteration 302° radial, extending from the 13-mile- Interested persons may participate in radius area to 91% mUes northwest of the , pr°P°sed rule making by submitting The Federal Aviation Administration VORTAC; within 9% miles east and 4% miles written data, views, or arguments is considering amending Part 71 of the west of the 198° bearing from Brainerd-Crow they may desire. Communications Federal Aviation Regulations so as to Wing County Airport, extending from the 13- ould be submitted in triplicate to the alter the transition area at Brainerd, mile radius to 23 miles south of the airport; Minn. within 9 % miles northeast and 4% miles rvf-6* . Central Region, Attention: southwest of the Brainerd VORTAC 120° ra­ tin ^'ra® c Division, Federal Avia- Interested persons may participate in dial extending from the 13-mlle-radius area fini Administration, Federal Building, the proposed rule making by submitting to 18%, miles southeast of the VORTAC; and 64in«aSt 12th Street, Kansas City, MO such written data, views, or arguments within a 25-mile radius of the Brainerd VOR win!- ^ communications received as they may desire. Communications TAC from a line 5 miles southwest of and n .. 45 t*ays atter publication of this should be submitted in triplicate to the parallel to the VORTAC 302® radial clock­ wise to a line 5 miles southeast of and paral­ p 111 the Federal R egister will be Director, Central Region, Attention: lel to the VORTAC 024* radial. bm®i5ere<* before action is taken on the Chief, Air Traffic Division, Federal Avia­ k « o^ridment. No public hearing tion Administration, Federal Building, This amendment is proposed under contemplated at this time, but ar- 601 East 12th Street, Kansas City, MO the authority of section 307(a) of the usements for informal conferences 64106. All communications received Federal Aviation Act of 1958 (49 U.S.C.

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4510 PROPOSED RULE MAKING

1348), and of section 6(c) of the De­ That airspace extending upward from would alter the description of the Ever­ partment of Transportation; Act (49 1,200 feet above the surface within the boun­ ett, Wash., control zone. U.S.C. 1655(c)). dary of the State of Kentucky. Interested persons may participate in Issued in Kansas City, Mo., on Febru­ 2. The portions of the following tran­the proposed rule making by submitting ary 12, 1971. sition areas described in § 71.181 (36 F.R. such written data, views, or arguments as they may desire. Communications D aniel E. B arrow, 2140), with floors of 1,200 feet above the Director, Central Region. surface, would be revoked: should be submitted in triplicate to the Chief, Airspace and Procedures Branch, [FR Doc.71-3169 Filed 3-5-71;8:48 am] Bowling Green, Ky. Paducah, Ky. Hopkinsville, Ky. Somerset, Ky. Federal Aviation Administration, 5651 Lexington, Ky. Evansville, Ind. West Manchester Avenue, Post Office London, Ky. Paris, Tenn. Box 92007, Worldway Postal Center, Los [ 14 CFR Part 71 ] Louisville, Ky. Union City, Tenn. Angeles, CA 90009. All communications [Airspace Docket No. 71-SO-ll] 3. The Logansport and Marion, Ky., received within 30 days after publication TRANSITION AREAS transition areas described in § 71.181 (36 of this notice in the F ederal Register F.R. 2140) would be revoked. will be considered before action is taken Proposed Designation, Alteration, 4. The Hopkinsville, Ky., transition on the proposed amendent. No public and Revocation area described in § 71.181 (36 F.R. 2140), hearing is contemplated at this time, but arrangements for informal confer­ The Federal Aviation Administration with a floor of 2,500 feet MSL, would be revoked. ences with Federal Aviation Administra­ is considering an amendment to Part 71 tion officials may be made by contacting of the Federal Aviation Regulations that 5. The West Virginia transition area described in § 71.181 (36 F.R. 2140) the Regional Air Traffic Division Chief. would designate, alter and revoke con­ Any data, views, or arguments presented trolled airspace in the State of Kentucky would be amended as follows: “ * * * lat. 37°23'00" N., long. 82°11'39" W.; during such conferences must also be by designating the Kentucky transition submitted in writings in accordance with area. thence to lat. 38°02'00" N„ long. 82°15'- 00" W.; to lat. 38Q00'00" N„ long. 82°- this notice in order to become part of the Interested persons may submit such 55'00" W.; to lat. 38°45'00" N., long. record for consideration. The proposal written data, views, or arguments as 83°30'00" W.; * * *” would be deleted contained in this notice may be changed they may desire. Communications should and “* * * to the intersection of the in the light of comments received. be submitted in triplicate to the Federal Kentucky State line; thence counter­ A public docket will be available for Aviation Administration, Southern Re­ clockwise along the Kentucky State line, examination by interested persons in the gion, Air Traffic Division, Post Office Box to and north along long. 83°30'00" W„ office of the Regional Counsel, Federal 20636, Atlanta, GA 30320. All communi­ to lat. 38°45'00" N.; * * *” would be Aviation Administration, 5651 West cations received within 30 days after substituted therefor. Manchester Avenue, Los Angeles, CA publication of this notice in the Federal 6. The Cincinnati, Ohio 1,200-foot 90045. R egister will be considered before action transition area described in § 71.181 (36 A new VOR RW Y 16 instrument is taken on the proposed amendment. No F.R. 2140) would be redesignated as: approach procedure is proposed for hearing is contemplated at this time, but Snohomish County Airport, Everett, arrangements for informal conferences Cincinnati, Ohio Washington, utilizing the 356° T(334° M) with Federal Aviation Administration That airspace extending upward from 1,200 radial of the Paine VOR as the final officials may be made by contacting the feet above the surface beginning at lat. 39°- approach radial. The procedure was Chief, Airspace and Procedures Branch. 40'00" N., long. 84°25'00" W., to lat. 39°19'- developed in accordance with criteria Any data, views, or arguments presented 00” N., long. 84°00'00” W.; thence south contained in U,S. Standard for Terminal during such conferences must also be along long. 84°00'00” W., to and counter­ clockwise along the Kentucky State line, to Instrument Procedures and it has been submitted in writing in accordance with and north along the Indiana State line, to determined that additional control zone this notice in order to become part of and northeast along a line extending from is required. The additional control zone the record for consideration. The pro­ lat. 39°12'00” N., long. 85°30'06” W., to lat. is required to provide controlled airspace posal contained in this notice may be 39 ° 40'00” N., long. 84°25'00” W., to point of protection for aircraft executing the pro­ changed in light of comments received. beginning. posed instrument procedure while oper­ The official docket will be available 7. The Blytheville, Ark. transition area ating below 1,060 feet above the surface. for examination by interested persons described in § 71.181 (36 F.R. 2140) with v In consideration of the foregoing, the at the Federal Aviation Administration, a floor of 5,000 feet MSL, would be FAA proposes the following airspace Southern Region, Room 724, 3400 Whip­ amended as follows: “ * * * excluding action. ple Street, East Point, GA. the portion within the Paducah, Ky. In § 71.171 (36 F.R. 2055) the descrip­ There are 12 small portions of uncon­ transition area * * would be deleted tion of the Everett, Washington, control trolled airspace and two segments of and “ * * * excluding the portion with­ zone is amended as follows: controlled airspace having floors above in the State of Kentucky * * *.” would In line two o f the text, delete “ * * * * 1.200 feet above the surface throughout be substituted therefor. miles'* * *” and substitute “ * * * 3 miles the State of Kentucky. These areas are This amendment is proposed under * * *” therefor. either surrounded by Federal airways or the authority of section 307(a) of the This amendment is proposed under the 1,200-foot transition areas. Because of Federal Aviation Act of 1958 (49 U.S.C. authority of section 307(a) of the Fed­ the increasing traffic volume and de­ 1348(a)) and of section 6(c) of the De­ eral Aviation Act of 1958, as amended mand for air traffic control services, partment of Transportation Act (49 (49 U.S.C. 1348(a)), and of section 6(c) there is a need to include these areas U.S.C. 1655(c)). of the Department of Transportation Act within the proposed Kentucky transi­ (49 U.S.C. 1655(c)). Issued in East Point, Ga„ on Febru­ tion area. Inclusion of these areas with­ Issued in Los Angeles, Calif., on Feb­ in the proposed transition area, along ary 24,1971. ruary 26, 1971. with the adjustment of the floors of ex­ G ordon A. W illiams, Jr., Lee E. W arren, isting transition areas designated above Acting Director, Southern Region. Acting Director, Western Region. 1.200 feet above the surface, would in­ [FR Doc.71-3171 Filed 3-5-71;8:48 am] [FR Doc.71-3172 Filed 3-5-71:8:48 am] cur no apparent derogation to VFR operations. [1 4 CFR Part 71 1 To simplify airspace descriptions, pro­ [Airspace Docket No. 71-WE-15] [ 14 CFR Part 75 1 vide continuity of the floors of controlled [Airspace Docket No. 70—EA-86] CONTROL ZONE airspace, and improve chart legibility, AREA HIGH ROUTES the following airspace actions are Proposed Alteration Proposed Designation proposed: The Federal Aviation Administration 1. The Kentucky transition area wouldis considering an amendment to Part 71 The Federal Aviation Admimstration be designated as: of the Federal Aviation Regulations that (FAA) is considering an amendment ^

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 PROPOSED RULE MAKING 4511

Part 75 of the Federal Aviation Regula­ changed in the light of comments [47 CFR PART 971 tions that would designate three area received. [Docket No. 19162; FOC 71-195] navigation (RNAV) high routes to be An official-docket will be available for used to transition aircraft from Kennedy examination by interested persons at the EXPANSION OF TELEPHONY SEG­ International Airport, N.Y., to overseas Federal Aviation Administration, Office MENTS OF HIGH FREQUENCY routes. . • of the General Counsel, Attention: Rules AMATEUR BANDS Interested persons may participate in Docket, 800 Independence Avenue SW„ the proposed rule making by submitting Washington, DC 20590. An informal Notice of Proposed Rule Making such written data, views, or arguments docket also will be available for examina­ In the matter of amendment of, part tion at the office of the Regional Air as they may desire. Communications 97 of the Commission’s rules to provide Traffic Division Chief. should identify the airspace docket num­ for expansion of the telephony segments ber and be submitted in triplicate to the Amendments to Parts 71 and 75 of the of the high frequency amateur bands, Director, Eastern Region, Attention: Federal Aviation Regulations were pub­ Chief, Air Traffic Division, Federal Avia­ lished in the F ederal R egister on July 1, RM-1306, RM-1349, RM-1477, RM-1479, tion Administration, Federal Building, 1970 (35 F.R. 10653), which established RM-1544, RM-1550, RM-1593, RM-1603, John F. Kennedy International Airport, regulatory basis for the designation of RM-1614, RM-1616, RM-1644, RM-1665, Jamaica, NY 11430. All communications specific area high and area low routes. RM-1695, RM-1723, RM-1729. received within 60 days after publication If this action is taken, Part 75 of the 1. On September 24,1969, the Commis­ of this notice in the F ederal R egister Federal Aviation Regulations would be sion adopted an Order (FCC 69-1020), will be considered before action is taken amended by designating the following which affirmed the implementation on on the proposed amendment. The pro­ November 22, 1969, of high frequency posal contained in this notice may be area high routes: band “incentive” telephony allocations Waypoint name VOR/DME description______Geographical coordinates for Amateur Extra and Advanced Class licensees previously adopted in Docket J-807R (Belle Terre, Conn., to United States/ 15928. Expansion of the total space avail­ Canadian Border): H TO 294.0M/38.4 N M .. Lat. 41°02'17" N ., long. 73°08'51" W. able in the high frequency bands for Belle Terre, Conn______- ...... Lat. 42°40'52" N ., long. 73°18'11" W. Cherry Plain, N .Y ______— H TO 360.6M/114.6 NM. telephony was not considered in that PLB 094.0M/61.4 NM— Lat. 44°59'29" N ., long. 71°69'58" Wj Holland, Vt...... —...... proceeding. Fourteen petitions and a J-808R (Squid, N .Y ., to Whaler, Mass.): Lat. 40°31,19" N ., long. 72°47'56" W. • Squid, N .Y ...... JFK 109.0M/45.0 N M ... A C K 351.0M/13.8 NM .. Lat. 41°29'31" N ., long. 70°09'06" W. number of letters have been received Mary Ann, Mass______Lat. 42°11,49" N ., long. 67°00'28" W Whaler, Mass...... A C K 082.0M/146.3 NM. which request expansion of one or more I-809R (Squid, N .Y ., to Davey, Maine): Lat. 40°31'19" N ., long. 72°47'56" W. Squid, N .Y ...'...... -— ...... JFK 109.0M/46.0 N M ... of the amateur high frequency telephony A C K 351.0M/13.8 NM . Lat. 41°29,31" N ., long. 70°09'06" W. Mary Ann, Mass..______------Lat. 42°66'46" N ., long. 67°29'65" W. sub-bands. One petition proposes reduc­ Davey, Maine______A C K 063.0MA50.0 NM. tion of telephony space. This amendment is proposed under the 71-23), adopted January 6, 1971, and 2. Petition RM-1349 proposes ex­ authority of section 307(a) of the Fed­ published in the F ederal R egister on panded phone bands for U.S. licensees in eral Aviation Act of 1958 (49 U.S.C. 1348 January 14,1971 (36 F.R. 557). The time Puerto Rico, Guantanamo Bay, and the (a)) and section 6(c) of the Department for filing comments and reply comments Virgin Islands without regard to license was specified as February 26, 1971, and of Transportation Act (49 U.S.C. class. RM-1603 urges phone band expan­ 1655(c)). March 8, 1971, respectively. 2. On February 25, 1971, Oxford Hills sions and early action on RM ’s 1306,1477, Issued in Washington, D.C., on Radio Communications, Inc. (Oxford 1479, 1544, and 1550. RM-1616 proposes March 1, 1971. Hills), filed a request for extension of phone band expansion and abolishment T. M cCormack, time to March 8, 1971 for filing of com­ Acting Chief, Airspace and of exclusive bands for Advanced and ments. Oxford Hills states that there has Extra Class operators. RM-1695 proposes Air Traffic Rules Division. been a delay in securing data from its 50 kHz additions to the present phone [FR Doc.71-3170 F ile d 3-5-71;8:48 am ] consultant due to illness, therefore ne­ cessitating the additional time to prepare bands for only net operation without its comments. change to the current segments reserved 3. We are of the view that the addi­ for Advanced and Extra Class operators. FEDERAL COMMUNICATIONS tional time requested is warranted and Reduction of the present 14 MHz teleph­ would serve the public interest. Accord­ ony sub-band to 14.225-14.350 MHz is COMMISSION ingly, it is ordered, That the time for proposed in RM-1723. Of the remaining filing comments is extended to and in­ I 47 CFR Part 73 1 10 petitions, all propose additional ex­ cluding March 8, 1971, and for reply clusive space for Extra Class; seven pro­ [Docket No. 19116] comments to and including March 19, pose additional reserved space for FM BROADCAST STATIONS 1971. Advanced and Extra Class, and; seven ■oble of Assignments; Order Extend­ 4. This action is taken pursuant to authority found in section 4(i), 5(d) (1), propose expansion of the telephony ing Time for Filing Comments and and 303 (r) of the Communications Act space available to Conditional and Gen­ Reply Comments of 1934, as amended, and § 0.281(d) (8) eral Class operators. In addition to RM - In the matter of amendment of o f the Commission’s rules. 1616, RM ’s 1550, 1593, and 1614 would 5 73.202, Table of Assigments, FM Broad­ make the space available to General and est Stations, (Skowhegan, Augusta, Adopted: February 26, 1971. Conditional Class equal to that which Westbrook, and South Paris, Maine; Released: March 1, 1971. was available prior to the implementa­ Plymouth and Dover, N.H.; and Water- tion of Docket 15928. A tabulation of the DuJ7, Vt.), RM-1422, RM-1464. [ seal] F rancis R . W alsh, l. This proceeding was begun by a no- Chief, Broadcast Bureau. total kHz now allocated and requested llce of proposed rule making (FCC [FR Doc.71-3158 Filed 8-5-71;8:47 am] follows:

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4512 PROPOSED RULE MAKING

A “ Advanced class C “ Conditional class E=Extra class G “ General class periods of greatest activity, the foreign telephony station occupancy of these Band: 3500-4000 kHz 7000-7300 kHz 14,000-14,350 kHz 21,000-21,450 kHz 28,000-29,700 kHz segments appears to be relatively light. Class: G , C E, A E G,C E, A E G , C E, A E G , C E, A E G, C E, A E The observations also revealed that oc­ Current kHz: 100 Ï75 200 60 100 100 75 150 150 100 175 200 1200 1200 1200 cupancy of the 25 kHz Extra Class re­ served telegraphy segments was low even RM-1306. 75 150 200 100 175 250 1500 during times of high telegraphy activity 1349_____ » 250 250 250 125 126 125 250 250 250 350 350 350 • 1600 1600 1600 on adjacent frequencies. 1477...... 100 200 225 50 150 150 75 200 200 100 250 250 1200 1300 1300 1479...... 100 175 225 50 100 125 75 160 175 100 175 250 7. Heretofore, there has been opposi­ 1544...... 50 75 100 75 150 200 200 225 250 tion to such telephony sub-band expan­ 1560...... 200 225 250 100 126 150 150 175 200 200 225 250 1593...... 200 275 300 100 150 150 150 225 225 200 200 225 sion by telegraphy proponents on the 1614...... 200 200 275 100 100 125 150 200 200 200 250 250 basis that the foreign amateurs using 1616...... 300 300 300 200 200 200 250 250 250 200 200 200 1644...... 175 225 250 100 150 150 75 150 200 150 200 250 1200 1500 1500 telephony would shift downward and 1665...... 200 225 250 100 100 125 150 200 250 . cause severe interference in the infor­ 1695...... 150 225 250 100 150 150 125 200 200 150 225 250 mally, but internationally recognized ex­ 1723...... 100 125 125 . — 1729...... 200 275 300 100 150 150 150 200 200 150 225 250 clusive telegraphy segments.* Since the use of single sideband suppressed carrier techniques by foreign amateur telephony 3. In most cases, the proposed Gen­ Commercial operator licenses will be stations has become predominant, de­ eral-Conditional Class operator segments considered in a separate proceeding. structive interference to telegraphy from extend downward from the top edge of 5. Except as noted, these petitions are telephony carriers is no longer a signif­ each amateur band with an adjacent based on the purpose of providing more icant factor. In fact, it appears that for­ Advanced-Extra reserved band next operating room in the high frequency eign amateurs using suppressed carrier below and the Extra-only band at the telephony sub-bands for all operator telephony now avoid the popular teleg­ low end of a contiguous group of teleph­ classes and/or providing further incen­ raphy segments apparently because of ony sub-bands, in the same pattern tive to obtain the Advanced Class and the the interference suffered from telegraphy as the current telephony bands. How­ Extra Class operator licenses. One of the in receivers being operated for reception ever, a 7075-7100 kHz telephony band petitioners said daily listening indicates of suppressed carrier telephony. was proposed for Extra only (RM-1644), “ * * * that the division of frequency 8. The Commission believes that some for Extra and Advanced (RM-1655); spectrum between radiotelephone and expansion o f the amateur high fre­ 7100-7150 kHz for telephony nets (RM- CW (telegraphy) is very inequitable, quency telephony sub-bands is desirable. 1695); 7075-7150 kHz for Puerto Rican based on the number of stations using The encouraging result of the present li­ telephony (RM-1349), and; 3525-3600, each mode and the bandwidths re­ cense class—frequency allocation incen­ 7025-7050 kHz fOr telephony by Extra quired.” He also stated “The emphasis of tive system indicates that its continua­ Class operators only (RM -1614). . the Extra Class license privileges should tion in approximately the same pattern 4. Some petitioners proposed condi­ not be heavily weighted towards CW as is warranted. This is predicated upon tions on the use of the added telephony is now, but should' provide more oppor­ provision of an attractive advantage of segments such as: (1) Limitation of con­ tunity and incentive for the amateur who operating space to number of licensees tacts to“ DX” stations (other countries) is interested in other modes of transmis­ ratio for the Advanced and Extra only (RM-1306, 1477); (2) limitation to sion.” Class operators. Therefore, appropriate use of single sideband emission only 6. In evaluating the effect of the first amendment of the Amateur Radio Serv­ (RM-1477, 1644, 1695); (3) maximum of phase of the incentive licensing (Docket ice Rules is proposed as set forth below. 150 watts input power (RM-1306); (4) 15928) program and of the second phase,1 Generally, an exclusive 25 kHz segment maximum of 1 kilowatt (kw) output the Commission considered correspond­ for Amateur Extra Class operator is pro­ power for Advanced Class and 1.5 kw ence, license statistics, petitions, and oc­ vided at the low end of each telephony output for Extra Class (RM-1665J). R M - cupancy surveys of the reserved sub­ sub-band. The modest number of United 1593 would allow Advanced Class to use bands. In addition to observation of the States licensees o f this class should not telegraphy in the exclusive Extra Class relative occupancy of portions of the significantly affect foreign telephony op­ telephony bands. Most petitioners would bands adjacent to the Extra and the eration therein and the greater possibil­ move the Novice telegraphy bands down­ Extra-Advanced reserved sub-bands, the ity of establishing , foreign contacts ward without change in bandwidth to overall relative occupancy throughout should be an incentive to qualify for the make way for the telephony expansion each of the amateur high frequency Extra Class license. With the exception proposed. However, in exception to just bands was studied. These observations of the 7 MHz band, expansion of each of shifting the Novice space, 28.1-28.2 MHz were made during periods of moderate the current Extra-Advanced Class re­ is proposed in lieu of 21.1-21.25 MHz and heavy occupancy of the band being served sub-bands is proposed. Expansion (RM-1306, 1644) and/or reduction of studied. During such periods, the teleph­ of current General-Conditional Class the 21 MHz band to 21.1-21.2 MHz is ony sub-bands were invariably much sub-bands is proposed in four bands. Ex­ proposed (RM-1479, 1644) . A 50 kHz more heavily occupied than .were the pansion of the 28 MHz telephony sub­ overlap of the Novice and the net alloca­ segments remaining for telegraphy. This band to provide a similar pattern of tion would be permitted by RM-1695. The was determined with a receiver of good Extra and Extra-Advanced telephony effect of RM-1616 would be to eliminate selectivity for each mode of operation. sub-bands is proposed. Appropriate the current exclusive Extra Class teleg­ Beginning with the 7 MHz band and modification of the 7 and 21 MHz Novice raphy segments while RM-1665 pro­ becoming progressively more pronounced sub-bands is included. A 2F MHz Novice poses reductions to 3500-3510, 7000-7005 up through the 28 MHz band, it was evi­ band is proposed as compensation for the and 14000-14005 kHz. In RM-1665, 3510- dent that, in each band there was a terri­ proposed reduction in the 21 MHz Novice 3525, 7005-7010, and 14005-14010 kHz is tory of significantly reduced activity be­ band. Because of the light occupancy in proposed for exclusive Advanced and tween the more popularly used lower 100 the current 25 kHz Extra Class teleg­ Extra Class telegraphy operation. In kHz of the telegraphy segment and the raphy segments, reduction of each to 10 RM-1614, 21000-21025 kHz is proposed telephony sub-band. With the exception kHz is proposed. for Advanced as well as Extra Class teleg­ of the 7 MHz and 21 MHz Novice seg­ 9. The requested limitation of Extra raphy operation. The 50 kHz telegraphy ments, there was very little telegraphy or Advanced Class operation to low Extra Class segments, ..proposed in R M - operation therein by U.S. amateurs, the 1479, were rejected in the Commission’s occupancy being almost wholly by foreign 2 The regulations of most countries Pe£ . Order (FCC 69-1020) adopted Septem­ amateurs using telephony. Even during the use of telephony throughout each. hig ber 24, 1969. The matter of credit for frequency amateur band. The Internatio Amateur Radio Union has adopted a sfXfiq certain amateur examination elements 1 Order, FCC 69-1020, adopted Sept. 24, voluntary suballocations (QST, Nov., 1 » proposed in RM-1477 for holders of 1969. page 81).

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 PROPOSED RULE MAKING 4513 power, “SSB” emission and to only in­ 14. Pursuant to applicable procedures Frequencies and class of license authorized ternational contacts is not proposed set forth in § 1.415 of the Commission’s Amateur extra only: herein. The petitioners gave no reasons rules, interested persons may file com­ 3500-3510 kc/s 14,150-14,175 kc/s for proposing such limitations and it ments on or before June 1, 1971, and 3750-3775 kc/s 21,000-21,010 kc/s is the Commission’s view that some of reply comments on or before June 18, 7000-7010 kc/s 21,200-21,225 kc/s the limitations would serve to reduce 1971. In accordance with the provisions 7150-7175 kc/s 28,350-28,375 kc/s the attractiveness of the subbands to 14,000-14,010 kc/s of § 1.419(b) of the Commission’s rules, Amateur extra and advanced: would-be Extra Class and Advanced an original and 14 copies of all 3775-3875 kc/s 21,225-21,325 kc/s Class licensees. Since there is so little 7075-7100 kc/s 28,375-28,500 kc/s double sideband telephony operation left statements, briefs, and comments shall 7175-7225 kc/s 50.0-50.1 Mc/s in these bands, the imposition of a lim­ be furnished the Commission. All rele­ 14,175-14,250 kc/s itation to the use of only single sideband vant and timely comments and reply (b) General and Conditional Class. suppressed carrier appears to be unnec­ comments will be considered by the Com­ All authorized amateur privileges except essary. The limitation to only interna­ those exclusive frequency operating priv­ tional contacts would be difficult to mission before final action is taken. The Commission may also take into account ileges which are reserved to the Advanced comply with and enforce in many situa­ and/or the Amateur Extra Class but in­ tions such as, for example, a multilateral other relevant information before it, in cluding operating privileges in the band exchange of communications among a addition to specific comments invited by 7075-7100 kc/s with telegraphy, and with foreign station and two or more United this Notice. telephony when located outside Region 2 States stations. (Refer to §. 97,95 (b) (2) for a description 10. The request for additional tele­ Adopted: February 24,1971. of Region 2). phony space for use by the amateurs of Released: March 1,1971. * * * * * the Commonwealth of Puerto Rico ap­ pears to be designed primarily to allow F e d e r a l C ommunications (d) Novice Class. Those amateur priv­ them to operate with telephony on fre­ C o m m i s s i o n , ileges designated and limited as follows: quencies where many Spanish speaking [SEAL] B e n F . W a p l e , * * * * * amateurs of other countries are most Secretary. (2) Radio telegraphy is authorized in likely to be operating. It would also ob­ A p p e n d i x I the frequency bands 3700-3750 kc/s, viously permit freedom from the heavier Petitioners 7100-7150 k c/s (7050-7075 kc/s when lo­ interference from amateur telephony cated outside Region 2), 21100-21200 stations in the 50 States. However con­ RM—1308 Richard Ebeling, K2UTC, White kc/s, and 28150-28250 kc/s, using only venient this might be, it is believed that Plains, N.Y. type A -l emission and 145-147 M c/s, Puerto Rican licensees should also be RM-1349 Radio Club de Puerto Rico, Jose E. using radiotelegraphy emissions as set encouraged to up-grade their license Saldana, President, San Juan, forth in § 97.61. Refer to § 97.95(b) (2) class and the allocations proposed P.R. for a description of Region 2. herein will provide some of the benefits RM-1477 Lowell E. White, W2CNQ, Closter, * * * * * desired by the petitioner, to those who are N.J. RM—1479 Paul H. Lee, W3JM, Kensington, 2. In § 97.61, the table in paragraph willing to exert the effort to obtain the (a) is amended and, in paragraph (b), higher class licenses. It is also believed Md. RM -1544 Bernard Ostrofsky, W9HTF, Gary, subparagraph (10) is added to read as desirable to encourage more communi­ follows: cation between the citizens residing in Ind. the Commonwealth and in the 50 States. RM—1550 Andrew G. Bourassa, WA1LJJ, § 97.61 Authorized frequencies and . U* The requested use of 1875-1900 kHz Laconia, N.H. emissions. RM—1593 " Joseph Santangelo, W1NXY, Wal­ in Puerto Rico (RM-1349) is not possi­ (a) * * * ble because of United States Coast Guard tham, Mass. requirements for protection of the RM—1603 Paul H. Lee, W3JM, Kensington, Md. Limitations LORAN system of navigation with which Frequency band Emissions (see para­ amateur sharing of the band must be RM—1614 R. L. Cope, W8MOK, Marion, Ohio graph (b)). °n a noninterfering basis. 1800 to 1850 RM—1616 Kenneth H. Dearborn, K6EVO et al. and 1975 to 2000 kHz is available for kcls telephony and telegraphy in Puerto RM -1644 J. S. Brown, W9IPK; Wallace H. 1800-2000...... A l, A3______1,2 Rico. Raymond, K4EKJ; C. Everett 3500-4000______. A l...... Coon, W2KNU/4; Gary O. Poor- 3500-3750...... F l...... ,12. in Regions 1 and 3 (as defined by man, W4UPJ; W. I. Bull, W4TRI, 3750-3875...... A5, F5...... 3750-4000______. A3, F 3 ...... 4 “ie International Radio Regulations, and; L. M. Rundlett, W3ZA. 7000-7300...... A l...... 3,4 «eneva, 1959) 7100-7300 kHz is not al­ RM—1665 David W. Clements, WA6FHB, 7000-7075...... F l...... located to the Amateur Radio Service. 7075-7100...... A3, F3, A5, F6___ 10 FPO, N.Y. 7100-7150...... F l...... 3,4 Appropriate amendment of the operator RM-1695 Charles R. Clark, WB40BZ, 7150-7225...... A5, F5...... 3,4 Privilege, making provision for a sub- Moneks Corner, S.C. 7150-7300...... A3, F3 3,4 14000-14350...... A l ...... « ku ^0vlce subband and a telephony RM—1723 George E. Cushing, W4QVJ, Holly­ 14000-14150...... F l...... ubband for U.S. licensees located in wood, Fla. 14150-14250 ...... A5, F5...... 14150-14350...... A3, F3...... ne far Pacific Island possessions in R e- RM—1729 Gary A. Stillwell, W6NJU, Canoga 3, is included. Recognizing that Park, Calif. Mels , ' ,r&fluency telephony contacts with 2L 00-2L 45______. A l ______A p p e n d i x II 21.00-21.20...... F l...... 7l^ 101ns in Region 1 or 3 operating below 21.200-21-325...... A5, F5...... nm kHz may be more difficult for U.S. Amendment of Part 97 of the Commis­ 2L 20-21.45 ...... A3,F3...... 28.00-29.70...... A l...... rations operating above 7150 kHz, provi- sion’s rules is proposed as follows: 28.00-28.35...... F l...... tor the exchange of telephony 28. 35-29. 70.. ; ...... A3, F3, AS, F5___ 1. Section 97.7(a) and table, paragraph * * * * * * # * * nununications with stations outside (b), and paragraph (d) (2) are amended £ i°? 2 is proposed at 7075 to 7100 kHz to read as follows: a/ A(tyanced and Extra Class operators (b) * * * incentive to encourage qualifica- § 97.7 Privileges of operator licenses. (10) The use of telephony in this band n these classes- (a) Amateur Extra Class and Ad­ is limited to the calling of, and the ex­ h- The specific rule changes proposed change of communications with, ama­ vanced Class. All authorized amateur th^n are Se^ forth below. Authority'for teur stations located outside Region 2. ese proposed amendments is contained privileges including exclusive frequency Refer to § 97.95(b) (2) for a description nsections 4(i) and 303 of the Communi­ operating authority in accordance with of Region 2. ions Act of 1934, as amended. the following table: [FR Doc.71-2981 Filed 3-5-71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 No. 45------8 4514

N otices

normally taken mingled with yellowfin tuna, be necessary to limit the catch of yellowfin after the closure of the unrestricted fishing tuna by such vessels to 6,000 short tons; and DEPARTMENT OF COMMERCE for yellowfin tuna. The amount of this por­ thereafter to permit such vessels to land an National Oceanic and Atmospheric tion should be determined by the scientific incidental catch of yellowfin tuna taken in staff of the Commission at such time as the the catch of other species in the regulatory Administration catch of yellowfin tuna approaches the area on each trip commenced after 6,000 tons recommended quota for the year. have been caught. The amount each vessel YELLOWFIN TUNA 3. Allow vessels to enter the regulatory is permitted to land as an incidental catch 1971 Commission Final Resolution area during the open-season' which began shall be determined by the Government January 1, 1971, with permission to fish for which regulates the fishing activities of such The resolution adopted by the Inter- yellowfin tuna without restriction on the vessels: Provided, however, That the aggre­ American Tropical Tuna Commission at quantity until the return of the vessel to gate of the incidental catches of yellowfin the second part of the 23d annual meet­ port. tuna taken by such vessels of each country so 4. Close the fishery for yellowfin tuna in permitted shall not exceed 15 percent of the ing held in Mexico City, Mexico, Febru­ 1971 at such date as the quantity already total catch taken by such vessels during trips ary 16-20, 1971, reads as follows: caught plus the expected catch of yellowfin commenced after 6,000 short tons of yellow­ R e s o l u t i o n tuna by vessels which are at sea with per­ fin tuna have been caught. mission to fish without restriction reaches In the event that the Director of Investiga­ THE INTER-AMERICAN TROPICAL TUNA 140,000 short tons or 150,000 or 160,000, if the tions increases the quota to 150,000 or 160,000 COMMISSION Director of Investigations so determines such short tons as provided for in Item 1 above, Taking note that at its 21st Annual Meet­ amounts should be taken, less the portion this special allowance of 6,000 short tons ing at San Diego, Calif., on March 18, 19, and reserved for incidental catches in Item 2 shall be increased in proportion to the in­ 22 of 1969, the Commission recommended above and for the special proportion allowed crease in the total catch beyond 140,000 short the initiation of a 3-year program of experi­ for in Items 6 and 7 below, such dates to be tons. mental fishing designed to test then current determined by the Director of Investigations. 7. Permit, during 1971, the newly con­ assessments of the yellowfin stocks, In order to not curtail their fisheries, those structed flag vessels of those members of the Taking note that the apparent changes in countries whose Governments accept the Commission which are developing countries the stock during 1969 and 1970 resulting Commission’s recommendations but whose and whose fisheries are in early stage of de­ from the experimental fishing program have fisheries of yellowfin tuna are not of signifi­ velopment (that is, whose tuna catch in the been within the limits set for continuation cance will be exempted of their obligations convention area in 1970 did not exceed 12,000 of the experiment, of compliance with the restrictive measures. short tons, and whose total fish catch In 1969 Taking note that certain provisions of the Under present conditions, and according did not exceed 400,000 metric tons) and resolutions from the 21st, 22d, and 23d An­ to the information available, an annual cap­ which enter the fishery for yellowfin tuna in nual Meetings of the Commission relating ture of 1,000 tons of yellowfin tuna is the the convention area for the first time during to the catch of yellowfin tuna after the sea­ upper limit to enjoy said exemption. the closed season in 1971 and which, because son closure are limited to the years 1969 and After the closure of the yellowfin tuna of characteristics such as size, gear or fishing 1970, and only through February 16 of 1971, fishery, the Governments of the Contracting techniques, present special problems, to fish Recognizing that the recommendations for parties and cooperating countries may per­ unrestricted for yellowfin tuna until such establishing a conservation regime during mit their flag vessels to land yellowfin tuna vessels have taken in the aggregate 2,000 1971, approved at its 23d Annual Meeting, without restriction in any country described short tons of yellowfin, or to fish for yellow­ were of an interim nature, lasting only in the preceding section which has tuna fin tuna under such restrictions as may be through February 16,1971, canning facilities until such time as the necessary to limit the aggregate catch of such total amount of yellowfin tuna landed in vessels to 2,000 short tons of yellowfin tuna. Concludes that it is desirable to continue such country during the current year the experimental fishing during 1971, 8. The species referred to in Items 2, 5 and reaches 1,000 short tons. 6 are: Skipjack tuna, bigeye tuna, bluefin Considering the resolution from the second For 1971 only in order to avoid congestion tuna, albacore tuna, bonito, billfishes, and part 10th Intergovernmental Meeting on the of unloading and processing facilities around conservation of yellowfin tuna held in Mexico sharks. the date of the season closure and the danger 9. Obtain by appropriate measures the co­ City from February 16 through February 20, that vessels may put to sea without adequate which recommends certain management operation of those Governments whose ves­ preparations, any vessel which completes its sels operate in the fishery, but which are not measures to the Commission, trip before the closure may sail to fish freely Therefore recommends to the High Con­ parties to the Convention for the establish­ for yellowfin tuna within the regulatory area ment of an Inter-American Tropical Tuna tracting Parties that they take joint action on any trip which is commenced withip 30 Commission, to put into effect these conser­ to: days after the closure. vation measures. 1. Establish the annual catch limit (quota) 5. Permit each vessel, not provided with a on the total catch of yellowfin tuna for the special allowance under Items 6 and 7 below This resolution amends the previous ^calendar year 1971 at 140,000 short tons from fishing tuna in the regulatory area after the interim resolutions adopted at the first the regulatory area defined in the resolution closure date for the yellowfin tuna fishery to part of the 23d Annual Meeting held jj1 adopted by the Commission on May 17, 1962; land an incidental catch of yellowfin tuna San Jose, Costa Rica, January 4-21; 19"i, provided: (a) That if the annual catch rate taken in catches of other species in /the published in the F ederal R egister is projected to fall below 3 short tons per regulatory area on each trip commenced dur­ standard day’s fishing, measured in purse ing such closed season. The amount each ves­ February 17,1971 (36 F.R. 3076). seine units adjusted to limits of gear effi­ sel is permitted to land as an incidental catch This notice constitutes the announce­ ciency previous to 1962, as estimated by the of yellowfin tuna shall be determined by the ment of the annual limitation on tn Director of Investigation, the unrestricted Government which regulates the fishing ac­ quantity of yellowfin tuna permitted to fishing for yellowfin tuna in the regulatory tivities of such vessels: Provided, however, be taken in the regulatory area, Purs^Hr, area shall be curtailed so as not to exceed That the aggregate of the incidental catches to the procedure established in 50 C r the then current estimate of equilibrium of yellowfin tuna taken by all such vessels 280.3. Closure of the season for yellow­ yield and shall be closed on a date to be of a country so permitted shall not exceed 15 fixed by the Director of Investigation; (b) percent of the combined total catch taken fin tuna will be announced in accora jEL that the Director of Investigation may in­ by such vessels during the period these ves­ with the procedure established in 50 cr crease this limit by no more than, two suc­ sels are permitted to land incidental catches 280.5. cessive increments of 10,000 short tons each, of yellowfin tuna. Issued at Washington, D.C., an d dated if he concludes from reexamination of avail­ 6 . Permit the flag vessels of each country able data that such increase will offer no of 400 short tons capacity and less fishing March 3, 1971. substantial danger to the stock. tuna in the regulatory area after the closure P hilip M. R oedel, 2. Reserve a portion of the annual yellow­ date for the yellowfin tuna fishing to fish Director, fin tuna quota for an allowance for inci­ freely until 6,000 short tons of yellowfin tuna National Marine Fisheries Service. dental catches of tuna fishing vessels when are taken by such vessels or to fish for yel­ fishing in the regulatory area for species lowfin tuna under such restrictions as may [FRDoc.71-3141 Filed 3-5-71:8:46 am]

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 NOTICES 4515

Office of the Secretary Is Intended to be used, which is being lic Law 89-651, 80 Stat. 897) and the reg­ manufactured in the United States. ulations issued thereunder as amended COLLEGE OF WILLIAM AND MARY (34 F.R. 15787 et seq.). S tanley Nehmer, Notice of Decision on Application for Deputy Assistant Secretary A copy of the record pertaining to this for Resources. decision is available for public review Duty-Free Entry of Scientific Article during ordinary business hours of the The following is a decision on an appli­ [FR Doc.71-3134 Filed 3-5-71;8:45 am] Department of Commerce, at the Scien­ cation for duty-free entry of a scientific tific Instrument Evaluation Division, Department of Commerce, Washing­ article pursuant to section 6(c) of thé CORNELL UNIVERSITY Educational, Scientific, and Cultural ton, D.C. Materials Importation Act of 1966 (Pub­ Notice of Decision on Application for Docket No. 71-00049-33-46040. Appli­ lic Law 89-651,80 Stat. 897) and the reg­ Duty-Free Entry of Scientific Article cant: East Tennessee State University, ulations issued thereunder as amended Johnson City, TN 37601. Article: Electron (34F.R. 15787 et seq.). The following is a decision on an microscope, Model HS-8. Manufacturer: A copy of the record pertaining to this application for duty-free entry of a Hitachi, Ltd., Japan. decision is available for public review scientific article pursuant to section 6(c) Intended use of article: The article will during ordinary business hours of the of the Educational, Scientific, and Cul­ be used primarily for the training of Department of Commerce, at the Scien­ tural Materials Importation Act of 1966 undergraduate, residency and graduate tific Instrument Evaluation Division, (Public Law 89-651, 80 Stat. 897) and students in the techniques and applica­ Department of Commerce, Washington, the regulations issued thereunder as tions of electron microscopy. The sim­ D.C. amended (34 F.R. 15787 et seq.). plicity of operations is important as a Docket No. 71-00052-58-46040. Appli­ A copy of the record pertaining to teaching instrument. cant: College of William and Mary, this decision is available for public re­ Comments: No comments have been Williamsburg, VA 23185. Article: Elec­ view during ordinary business hours of received with respect to this application. tron microscope, Model EM 9S-2. Manu­ the Department of Commerce, at the Decision: Application approved. No in­ facturer: Carl Zeiss, Inc., West Germany. Scientific Instrument Evaluation Divi­ strument or apparatus of equivalent sci­ Intended use of article: The article sion, Department of Commerce, Wash­ entific value to the foreign article for will be used for research on the ultra­ ington, D.C. such purposes as this article is intended structure in marine red algae with the Docket No. 71-00287-00-46040. Appli­ to be used, is being manufactured in the basic purpose of using ultrastructure as cant: Cornell University, Ithaca, NY United States. a criterion for the establishment of phy­ 14850. Article: Large angle goniometer Reasons: The applicant requires an logenetic relationships among this group hot stage, Model AHLG. Manufacturer: electron microscope which is suitable for of plants. A graduate level course in cell Japan Electron Optics Lab. Co., Ltd., instruction in the basic principles of biology of cytology will be offered to stu­ Japan. electron microscopy. The foreign article dents to provide them with experience in Intended use of article: The article is a relatively simple, medium resolution the use of an electron microscope. is an accessory for an existing JEM-200 electron microscope designed for con­ Comments: No comments have been electron microscope used for materials fident use by beginning students with a received with respect to this application. science research. minimum of detailed programing. The Decision: Application approved. No Comments: No comments have been most closely comparable domestic instru­ instrument or apparatus of equivalent received with respect to this application. ment is the Model EMU-4C electron scientific value to the foreign article for Decision: Application approved. No microscope manufactured by the Forgflo such purposes as this article is intended instrument or apparatus of equivalent Corp. The Model EMU-4C electron mi­ to be used, is being manufactured in the scientific value to the foreign article, for croscope is a relatively complex instru­ United States. such purposes as this article is intended ment designed for research, which re­ Reasons: The applicant requires an to be used, is being manufactured in the quires a skilled electron microscopist for electron microscope which is suitable for United States. its operation. We are advised by the De­ instruction in the basic principles of elec­ Reasons: The application relates to partment of Health, Education, and W el­ tron microscopy. The foreign article is a an accessory for an instrument that had fare (HEW) in its memorandum dated relatively simple, medium resolution elec­ been previously imported for the use of December 10,1970, that the relative sim­ tron microscope designed for confident the applicant institution. The article is plicity of design and ease of operation of hse by beginning students with a mini- being furnished by the manufacturer the foreign article is pertinent to the nium of detailed programing. The most which produced the instrument with applicant’s educational purposes. closely comparable domestic instrument which the article is intended to be used. We, therefore, find that the Model 18 the Model EMU-4C electron micro­ The Department of Commerce knows of EMU-4C electron microscope is not of scope manufactured by the Forgflo Corp. no similar accessory being manufactured equivalent scientific value to the foreign The Model EMU-4C electron microscope in the United States, which is inter­ article for such purposes as this article ^ a relatively complex instrument de- changeable with or can be readily is intended to be used. for research, which requires a adapted to the instrument with which The Department of Commerce knows skilled electron microscopist for its oper­ the foreign article is intended to be used. of no other instrument or apparatus of ation. We are advised by the Department equivalent scientific value to the foreign «Health, Education, and Welfare S tanley Nehmer, article, for such purposes as this article Deputy Assistant Secretary in its memorandum dated is intended to be used, which is being for Resources. December 10, 1970, that the relative manufactured in the United States. simplicity of design and ease of opera­ [FR Doc.71-3135 Filed 3-5-71:8:45 am] S tanley Nehmer, tion of the foreign article is pertinent to Deputy Assistant Secretary tne applicant’s educational purposes. We, for Resources. merefore, find that the Model EMU-4C EAST TENNESSEE STATE UNIVERSITY [FR Doc. 71-3136 Filed 3-5-71;8:45 am] electron microscope is not of equivalent Notice of Decision on Application for cientific value to the foreign article for Duty-Free Entry of Scientific Article INSTITUTE FOR CANCER RESEARCH ucb purposes as this article is intended 10 be used. The following is a decision on an ap­ Notice of Decision on Application for The Department of Commerce knows plication for duty-free entry of a scien­ Duty-Free Entry of Scientific Article 0 no other instrument or apparatus of tific article pursuant to section 6(c) of The following is a decision on an ap­ Suivaient scientific value to the foreign the Educational, Scientific, and Cultural plication for duty-free entry of a scien­ article, for such purposes as this article Materials Importation Act of 1966 (Pub­ tific article pursuant to section 6(c) of

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4516 NOTICES the Educational, Scientific, and Cultural tific article pursuant to section 6(c) o f regulations issued thereunder as Materials Importation Act of 1966 (Pub­ the Educational, Scientific, and Cultural amended (34 F.R. 15787 et seq.). lic Law 89-651, 80 Stat. 897) and the Materials Importation Act of 1966 (Pub­ A copy of the record pertaining to this regulations issued thereunder as lic Law 89-651, 80 Stat. 897) and decision is available for public review amended (34 F.R. 15787 et seq.). the regulations issued thereunder as during ordinary business hours of the De­ A copy of the record pertaining to this amended (34 F.R. 15787 et seq.). ' partment of Commerce, at the Scientific decision is available for public review A copy of the record pertaining to this Instrument Evaluation Division, Depart­ during ordinary business hours of the decision is available for public review ment of Commerce, Washington, D.C. Department of Commerce, at the Scien­ during ordinary business hours of the Docket No. 71-00295-00-46040. Appli­ tific Instrument Evaluation Division, Department of Commerce, at the Scien­ cant: University of California, San Department of Commerce, Washington, tific Instrument Evaluation Division, Francisco, Purchasing Department, 1438 D.C. Department of Commerce, Washington, South 10th Street, Richmond, CA 94804. Docket No. 71-00176-33-46040. Appli­ D.C. Article: Image intensifier. Manufac­ cant: The Institute for Cancer Research, Docket No. 71-00172-33-46040. Appli­ turer: Siemens A.G., West Germany. 7701 Burholme Avenue, Philadelphia, Pa. cant: Sloan-Kettering Institute for Intended use of article: The article is 19111. Article: Electron microscope, Cancer Research, 410 East 68th Street, an accessory for a previously imported Model Elmiskop 101. Manufacturer: New York, NY 10021. Article: Electron Elmiskop 101 electron microscope used Siemens A. G., West Germany. Microscope, Elmiskop 101. Manufac­ for a study of macromolecules of biologi­ Intended use of article: The article turer: Siemens A.G., West Germany. cal origin. will be used for research purposes of the Intended use of article: The article Comments: No comments have been structure- function relationship between will be used for biological studies on received with respect to this applica­ macromolecular components of cells and crystalline and semicrystalline struc­ tion. viruses, and more specifically, the study tures: Lipoprotein macromolecules; and Decision : Application approved. No in­ of the structure of discrete sites on cell enzyme localizations. strument or apparatus of equivalent surf aces which (a) function as virus re­ Comments: No comments have been scientific value to the foreign article, for ceptors, '(b) are responsible for the re­ received with respect to this application. such purposes as this article is intended lease of infecting nucleic acid and (c) Decision: Application approved. No to be used, is being manufactured in the facilitate nucleic acid uptake by the cell. instrument or apparatus of equivalent United States. Comments: No comments have been scientific value to the foreign article, for Reasons : The application relates to an received with respect to this application. such purposes as this article is intended accessory for an instrument that had Decision: Application approved. No to be used, is being manufactured in the been previously imported for the use of instrument or apparatus of equivalent United States. the applicant institution. The article scientific value to the foreign article, for Reasons: The foreign article has a is being furnished by the manufacturer such purposes as this article is intended specified resolving capability of 3.5 ang­ which produced the instrument with to be used, is being manufactured in the stroms. The most closely comparable which the article is intended to be used. United States. domestic instrument is the Model EMU- The Department of Commerce knows of Reasons; The foreign article has a 4B electron microscope which was for­ no similar accessory being manufactured specified resolving capability of 3.5 ang­ merly manufactured by the Radio Corp. in the United States, which is inter­ stroms. The most closely comparable , do­ of America and which is presently being changeable with or can be readily mestic instrument is the Model EMU-4B supplied by the Forgflo Corp. The Model adapted to the instrument with which electron microscope which was formerly EMU-4B has a specified resolving capa­ the foreign article is intended to be used. manufactured by the Radio Corp. qf bility of 5 angstroms. (The lower the S tanley Nehmer, America and which is presently being numerical, rating in terms of angstrom supplied by the Forgflo Corp. The Model Deputy Assistant Secretary units, the better the resolving capa­ for Resources. EMU-4B has a specified resolving capa­ bility.) We are advised by the Depart­ bility of 5 angstroms. (The lower the ment of Health, Education, and Welfare [FR Doc.71-3139 Filed 3-5-71:8:46 am] numerical rating in terms of angstrom (HEW) in its memorandum dated Janu­ units, the better the resolving capabil­ ary 19, 1971, that the additional resolv­ ity.) We are advised by the Department ing capability of the foreign article is WISTAR INSTITUTE OF ANATOMY of Health, Education, and Welfare pertinent to the purposes for which the AND BIOLOGY (HEW) in its memorandum dated Jan­ foreign article is intended to be used. uary 19, 1971, that the additional resolv­ We therefore find that the Model Notice of Decision on Application for ing capability of the foreign article is per­ EMU-4B is not of equivalent scientific Duty-Free Entry of Scientific Article tinent to the purposes for which the value to the foreign article for such pur­ The following is a decision on an ap­ foreign article is intended to be used. poses as article is intended to be used. We therefore find that the Model plication for duty-free entry of a scien­ The Department of Commerce knows tific article pursuant to section 6(c) of EMU-4B is not of equivalent scientific of no other instrument or apparatus of value to the foreign article for such pur­ the Educational, Scientific, and Cultural equivalent scientific value to the foreign Materials Importation Act of 1966 (Pore* poses as article is intended to be used. article, for such purposes as this article The Department of Commerce knows lie Law 89-651, 80 Stat. 897) and tne is intended to be used, which is being regulations issued thereunder a of no other instrument or apparatus of manufactured in the United States. equivalent scientific value to the foreign amended (34 F.R. 15787 et seq.). article, for such purposes as this article S tanley Nehmer, A copy of the record pertaining to this is intended to be used, which is being Deputy Assistant Secretary decision is available for public revie manufactured in the United States. for Resources. during ordinary business hours of J [FR Doc.71-3138 Filed 3-5-71;8:46 am] Department of Commerce, at S tanley Nehmer, Scientific Instrument Evaluation v i ­ Deputy Assistant Secretary sion, Department of Commerce, wa for Resources. UNIVERSITY OF CALIFORNIA ington, D.C. [FR Doc.71-3137 Filed 3-5-71:8:45 am] Notice of Decision on Application for Docket No. 71-00089-33-46040. Appli­ Duty-Free Entry of Scientific Article cant: The Wistar Institute of Ana^ y SLOAN-KETTERING INSTITUTE FOR and Biology, 36th Street at Spruce, Phil­ CANCER RESEARCH The following is a decision on an ap­ adelphia, PA 19104. Article: Electro plication for duty-free entry of a scien­ Notice of Decision on Application for tific article pursuant to section 6(c) of microscope, Model HS 8. M a n u fa c ure Duty-Free Entry of Scientific Article the Educational, Scientific, and Cultural Hitachi, Ltd., Japan. ... The following is a decision on an ap­ Materials Importation Act of 1966 (Pub­ Intended use of article: The artic e plication for duty-free entry of a scien- lic Law 89-651, 80 Stat. 897) and the be used for the training of postdocto

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 NOTICES» 4517 fellows, graduate students and staff mem­ tional services, including special sum­ (Redelegation of authority by Assistant Sec­ bers in techniques of electron micros­ mer programs, to remedy such students’ retary for Equal Opportunity effective Apr. 30, 1970, 35 F.R. 6877, Apr. 30, 1970) copy, and, to examine preparations academic deficiencies, (2) career guid­ made during the research o f various ance, placement, or other student per­ Effective date. This redelegation of au­ staff scientists. sonnel services to encourage or facili­ thority is effective as of October 1, 1970. Comments: No comments have been tate such students’ continuance or re­ James J. Barry, received with respect to this applica­ entrance in higher education programs, or (C) identification, encouragement, Regional Administrator, tion. Region I (Boston). Decision: Application approved. No in­ and counseling of any such students with strument or apparatus of equivalent a view to their undertaking a program [FR Doc.71-3191 Filed 3-5-71;8:50 am] scientific value to the foreign article of graduate or professional education. for such purposes as this article is in­ Notice is hereby given that applica­ tended to be used, is being manufactured tion for grants under this program, CERTAIN HUD EMPLOYEES IN in the United States. which are to be funded from appropria­ REGION I Reasons: The applicant requires an tions for fiscal year 1971, must be re­ Redelegation of Authority to electron microscope which is suitable for ceived at the address indicated below no instruction in the basic principles of elec­ later than March 31, 1971. Administer Oaths tron microscopy. The foreign article is a Every effort will be made to mail the Redelegation of authority to adminis­ relatively simple, medium resolution elec­ application forms by February 12, 1971, ter oaths under title v n i (Fair Housing) tron microscope designed for confident to the Presidents of all Institutions of of Civil Rights Act of 1968. use by beginning students with a mini­ Higher Education on the Office of Ed­ Each of the following named em­ mum of detailed programing. The most ucation mailing list, as well as to fac­ ployees in the Department of Housing closely comparable domestic instrument ulty and administrators of Institutions and Urban Development, Region I (Bos­ is the Model EMU-4C elctron microscope of Higher Education who have already ton) , is hereby authorized to administer manufactured by the Forgflo Corp. The indicated an intent to apply for assist­ oaths under section 811(a) of the Civil Model EMU-4C electron microscope is a ance under the program. Such forms Rights Act of 1968, Public Law 90-284, relatively complex instrument designed as well as further information may be 42 U.S.C. 3611(a): for research, which requires a skilled obtained from the Talent Search/Special 1. Lionel J. Jenkins. electron microscopist for its operation. Services Branch, Division of Student 2. Thomas L. Sanders. We are advised by the Department of Special Services, Bureau of Higher Ed­ 3. Lawrence P. Troiano. Health, Education, and Welfare (HEW) ucation, Office of Education, Washing­ 4. Frank H. Buntin. in its memorandum dated December 10, ton, D.C. 20202. (Redelegation by Regional Administrator 1970, that the relative simplicity of de­ Dated: February 11, 1971. effective Oct. 1, 1970 (36 F.R. 4517, Mar. 6, sign and ease of operation of the foreign P reston V alien, 1971)) article is pertinent to the applicant’s ed­ Acting Associate Commissioner Effective date. This redelegation of au­ ucational purposes. for Higher Education. We, therefore, find that the Model thority is effective upon publication in EMU-4C electron-microscope is not of Approved: February 27, 1971. the F ederal R egister (3-6-71). equivalent scientific value to the foreign S. P. M arland, Jr., Joseph S. V era, article for such purposes as this article U.S. Commissioner of Education. Assistant Regional Administra­ is intended to be used. [PR Doc.71-3144 Filed 3-5-71:8:46 am] tor for Equal Opportunity, . The Department of Commerce knows Region I (.Boston). of no other instrument or apparatus of [FR Doc.71-3192 Filed 3-5-71;8:50 am] equivalent scientific value to the foreign article, for such purposes as this article DEPARTMENT OF HOUSING AND Is intended to be used, which is being manufactured in the United States. URBAN DEVELOPMENT DEPARTMENT OF S tanley Nehmer, ASSISTANT REGIONAL ADMINISTRA­ Deputy Assistant Secretary TOR FOR EQUAL OPPORTUNITY, TRANSPORTATION for Resources. REGION I Federal Highway Administration [PR Doc.71-3140 Piled 3-5-71:8:46 am] Redelegation of Authority With CHESTER BRIDGE TOLLS Respect to Fair Housing Notice of Public Hearing DEPARTMENT OF HEALTH, Section A. Authority with respect to fair housing. The Assistant Regional Ad­ The Federal Highway Administrator ministrator for Equal Opportunity, has received complaints that the tolls EDUCATION, AND WELFARE Region I (Boston), is authorized to exer­ now charged for transit over the Chester Bridge across the Mississippi River at Office of Education cise the power and authority of the Sec­ retary of Housing and Urban Develop­ Chester, HI., are not just and reasonable. SPECIAL SERVICES FOR DIS­ ment under title v n i (Fair Housing) of The complainants have asked the Ad­ the Civil Rights Act of 1968 (42 U.S.C. ministrator to prescribe reasonable rates ADVANTAGED STUDENTS PROGRAM of toll for transit over the bridge in ac­ 3601-3619), except the authority to: Notice of Establishment of Closing cordance with section 4 of the Bridge 1. Issue a subpena or an interrogatory Act of 1906, as amended, 33 U.S.C. 494, Date for Receipt of Application for under section 811 of the Aet (42 U.S.C. funds and section 105 of the River and Har­ 3611). bor Act of 1966, 80 Stat. 1405, 1406. t i ^ T Higher Education Act of 1965, 2. Make studies and publish reports The Administrator has decided to con­ ftntv, . part A, section 408, as amended, under section 808(e) of the Act (42 duct a hearing under the Administrative tion ?riZes Commissioner of Educa- U.S.C. 3608(d)). Procedure Act (5 UJS.C. 554-558) and the ipM f conduct programs of special serv- 3. Issue rules and regulations. regulations in 49 CFR Part 310 for the disadvantaged and physically Sec. B. Authority to redelegate. The purpose of determining whether the or students already enrolled Assistant Regional Administrator for present toll rates are reasonable and just tinnc6^ ^ *or enrollment at Institu- Equal Opportunity is further authorized and, if they are found to be invalid, what grant T -^Sher Education through to redelegate to employees of the Depart­ reasonable rates of toll should be pre­ grame *° sucJl institutions. Such pro- ment the authority of the Secretary to scribed for transit over the bridge. (Ai p may delude, among other things, administer oaths under section 811(a) of The Honorable Malcolm P. Littlefield, counseling, tutorial, or other educa­ the Act (42 U.S.C. 3611(a)). a hearing examiner duly appointed under

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4518 NOTICES;

Administrative Procedure Act, is hereby Any person who wishes to have his [Dockets Nos. 50-361, 50-362] appointed to conduct the hearing on the views on the antitrust aspects of the SOUTHERN CALIFORNIA EDISON CO. complaint and answer heretofore filed application presented to the Attorney and to proceed in accordance with ap­ General for consideration shall submit AND SAN DIEGO GAS AND ELEC­ plicable laws and regulations. By sub­ such views to the Commission within TRIC CO. sequent order, the hearing examiner sixty (60) days after February 20, 1971. Notice of Receipt of Application for shall fix the time and place for all fur­ A copy of the application and Amend­ Construction Permit and Facility ther proceedings. ment No. 1 is available for public License; Time for Submission of Issued on March 3, 1971. inspection at the Commission’s Public Document Room, 1717 H Street NW., Views on Antitrust Matter F. C. T urner, Washington, DC, and at the office of the The Southern California Edison Co., Federal Highway Administrator. Honorable A. A. Middleton, Chairman, 601 West Fifth Street, Los Angeles, CA [PR Doc.71-3207 Piled 3-5-71;8:52 am] Houston County Commission, City of 90053, and the San Diego Gas and Elec­ Dothan, Houston County, Ala. tric Co., 101 Ash Street, San Diego, CA 92112, pursuant to the Atomic Federal Railroad Administration Dated at Bethesda, Md., this 11th day of February 1971. Energy Act of 1954, as amended, have [FRA-Petition-No. 26] filed an application, dated May 28,1970, For the Atomic Energy Commission. for authorization to construct tw o pres­ SEABOARD COAST LINE RAILROAD P eter A. M orris, surized water nuclear reactors, desig­ CO. Director, nated as the San Onofre Nuclear Gen­ Division of Reactor Licensing. erating Station Units 2 and 3, on the Petition for Relief From Requirement applicants’ site located at Camp Pen­ of Initial Terminal Road Train Air [FR Doc.71-2262 PUed 2-19-71;8:45 am] dleton, San Diego County, Calif. Brake Tests The site is located on the west coast of Southern California, approximately Petition of Seaboard Coast I4ne Rail­ [Dockets Nos. 50-382, 50-383] 62 miles southeast of Los Angeles, road Company for relief from the re­ LOUISIANA POWER & LIGHT CO. approximately 51 miles northwest of San quirement of initial terminal road train Diego, and is within the U .S. Marine air brake tests, 49 CFR 232.12. Notice of Receipt of Application for The hearing in this proceeding now Corps Base, Camp Pendleton. Construction Permits and Facility Southern California Edison Co. (SCE) set in Richmond, Va., on March 11, 1971, Licenses; Time for Submission of and San Diego Gas and Electric Co. (San is postponed to a date and place to be Views on Antitrust Matter Diego) are joint applicants for the con­ hereinafter fixed. Louisiana Power & Light Co., 142 Del- struction permit for the San Onofre A further notice will be issued as soon Nuclear Generating Station Units 2 and as the hearing has been rescheduled. aronde Street, New Orleans, LA 70114, pursuant to section 103 of the Atomic 3. The ownership for the two units will be Dated this 1st day of March 1971 in Energy Act of 1954, as amended, has shared in the proportion of 80 percent Washington, D.C. by SCE and 20 percent by San Diego. filed an application dated December 28, SCE, as project manager for th e utilities, R obert R. B oyd, 1970, for two construction permits and Director, Office of Hearings and will have responsibility for the technical facility licenses to authorize construction adequacy of the design and construction Proceedings, and Hearing and operation of two pressurized water Examiner. of the San Onofre plant. reactors on the applicant’s approxi­ • Any person who wishes to have his mately 100-acre part of the 3,600-acre [PR Doc.71-3154 Filed 3-5-71;8:47 am] views on the antitrust a sp ects o f the site on the west bank of the Mississippi application presented to the Attorney River near the town of Taft, La. The site General for consideration shall submit is located in St. Charles Parish, about 20 such views to the Commission within miles west of New Orleans, La. sixty (60) days after February 20, 1971. ATOMIC ENERGY COMMISSION The proposed reactors are designated The proposed nuclear power plants [Dockets Nos. 50-348, 50-364] by the applicant as the Waterford Steam which will be located adjacent to San Electric Station, Units 3 and 4. Unit No. Onofre Nuclear Generating Station, Unit ALABAMA POWER CO. 3 is designed for a maximum expected 1, will consist of two pressurized water output of 3,580 megawatts (thermal) Notice of Receipt of Application for nuclear reactors, each of which is with a net output of about 1,165 mega­ designed for initial operation at approx­ Construction Permits and Facility watts (electrical). The final decision to imately. 3,390 thermal megawatts with a Licenses; Time for Submission of construct Unit No. 4 has not been made net electrical output of approximately Views on Antitrust Matter with any supplier or engineering con­ 1,140 megawatts. sultant. A copy of the application is available Alabama Power Co., 600 North 18th Any person who wishes to have his Street, Birmingham, AL 35203, pursu­ for public inspection at the Commis­ views on the antitrust aspects of the ant to the Atomic Energy Act of 1954, as sion’s Public Document Room, 171" 11 application presented to the Attorney Street NW., Washington, DC. amended, filed an application dated Oc­ General for consideration shall submit tober 10, 1969, and an application Dated at Bethesda, Md., this 12th day such views to the Commission within of February 1971. Amendment No. 1 dated June 26, 1970 sixty (60) days after February 13, 1971. For the Atomic Energy Commission. for authorization to construct first one A copy of the application is available then a second, pressurized water nu­ for public inspection at the Commission’s P eter A. Morris, Director, clear reactor, designated as the Joseph Public Document Room, 1717 H Street Division of Reactor Licensing. M. Farley Nuclear Plant, Unit No. 1 and NW., Washington, DC, and at the office No. 2, respectively, on the applicant’s of the President of St. Charles Parish [FR Doc.71-2263 Filed 2-19-71;8:45 ami site in Houston County, Ala. Police Jury, Hahnsville, La. [Docket No. 50—301] The site is located on the west side of Dated at Bethesda, Md., this 10th day WISCONSIN ELECTRIC POWER c° . the Chattahoochee River located about of February 1971. MICHIGAN I6V2 miles east of Dothan, Ala. AND W ISCONSIN The proposed nuclear plant will be For the Atomic Energy Commission. POWER CO. comprised of two pressurized water P eter A. M orris, Notice of Proposed Issuance of Facility nuclear reactors, which are each to have Director, Operating License a net electrical capacity of about 829 Division of Reactor Licensing. The Atomic Energy Commission (the megawatts electrical. [FR Doc.71-2084 Filed 2-12-71;8:50 am] Commission) is considering the issu

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 NOTICES 4519 of a facility operating license to Wiscon­ For further details with respect to this suance of the amendment will not be sin Electric Power Co. and Wisconsin proposed facility operating license, see inimical to the common defense and se­ Michigan Power Co. (the applicants) ( 1) the applicants’ application for a fa­ curity or to the health and safety of the which would authorize the applicants to cility license dated March 12, 1969, as public. possess, use, and operate the Point Beach amended (Amendments Nos. 1 through Within 15 days from the date of pub­ Nuclear Plant Unit No. 2 (Unit No. 2), 11), (2) the report of the Advisory Com­ lication of the notice in the F ederal a pressurized water nuclear reactor, on mittee on Reactor Safeguards on the ap­ R egister, the applicant may file a re­ the applicants’ site in the Town of Two plication for Unit Nos. 1 and 2, dated quest for a hearing and any person Creeks, Manitowoc Comity, Wis., at April 16, 1970, (3) the proposed facility whose interest may be affected by this steady state power levels not to exceed operating license, (4) the Technical proceeding may file a petition for leave 1,518 megawatts (thermal), in accord­ Specifications which will be attached as to intervene. Requests for a hearing and ance with the provisions of the license Appendix A to the proposed facility op­ petitions to intervene shall be filed in and jthe Technical Specifications ap­ erating license, and (5) a related safety accordance with the Commission’s rules pended thereto. Construction of Unit No. evaluation prepared by the Division of of practice in 10 CFR Part 2. If a request 2 was authorized by Provisional Con­ Reactor Licensing for Unit Nos*. 1 and 2, for a hearing or ar petition for leave to struction Permit No. CPPR-47 issued by dated July 15, 1970, all of which will be intervene is filed within the time pre­ the Commission on July 25, 1968. available for public inspection at the scribed in this notice, the Commission The Commission has found that the Commission’s Public Document Room, will issue a notice of hearing or an ap­ application for thè facility license (as 1717 H Street NW, Washington, DC. propriate order. amended) complies with the require­ Copies of items (2), (3), and (5) above For further details with respect to this ments of the Atomic Energy Act of 1954, may be obtained at the Commission’s amendment, see ( 1) the application for as amended (the Act), and the Commis­ Public Document Room or upon request license amendment dated June 30, 1969, sion’s regulations published in 10 CFR addressed to the U.S. Atomic Energy and supplements dated November 25, Chapter L Commission, Washington, D.C. 20545, At­ 1969, January 14, 1971 (which super­ Prior to the issuance of the facility tention: Director, Division of Reactor sedes previous submittals), February 4, operating license, the facility will be in­ Licensing. 1971, and February 10, 1971, and (2) the spected by the Commission to determine proposed amendment, which are avail­ Dated at Bethesda, Md., this 2d day of able for public inspection at the Com­ whether it has been constructed in ac­ March 1971. cordance with the application, as mission’s Public Document Room at 1717 amended, and the provisions of Provi­ For the Atomic Energy Commission. H Street NW„ Washington, D.C. Copies of item 3 may be obtained upon request sional Construction Permit No. CPPR-47. Peter A. M orris, The license will be issued after the Com­ Director, sent to the Atomic Energy Commission, mission makes the findings, reflecting its Division of Reactor Licensing. Washington, D.C. 20545, Attention: Di­ rector, Division of Reactor Licensing. review of the application, which are set [FR Doc.71-3173 Filed 3-5-71;8:49 am] forth in the proposed license, and con­ Dated at Bethesda, Md., this 2d day cludes that the issuance of this license of March 1971. will not be inimical to the common de­ [Docket No. 50-166] For the Atomic Energy Commission. fense and security or lib the health and safety of the public. Upon issuance of the UNIVERSITY OF MARYLAND R obert J. S chemel, license, the applicants will be required Notice of Proposed Issuance of Acting Assistant Director for to execute an amended indemnity agree­ Reactor Operations, Division ment as required by section 170 of the Amendment to Facility License of Reactor Licensing. Act mid 10 CFR Part 140 of the Com­ The Atomic Energy Commission (the [FR Doc.71-3260 Filed 3-5-71;8:52 am] mission’s regulations. Commission) is considering the issuance In the event that construction has of an amendment to Facility License No. not been sufficiently completed to permit R-70 dated October 31, 1961, which au­ full power operation, the Commission thorizes the University of Maryland to CIVIL AERONAUTICS BOARD may issue an operating license consistent possess, use, and operate the nuclear [Docket No. 22214, etc.] with the level of construction completed reactor located on its campus in College to permit initial fuel loading and low Park, Md., at steady-state levels up to 10 INTERAMERICAN AIRFREIGHT CO. power testing prior to the issuance of the kilowatts (thermal). The amendment Notice of Hearing full power license. authorizes the operation of the modified Within thirty (30) days from the date reactor and restates the license in its Willy Peter Daetwyler doing business of publication of this notice in the F ed­ entirety to incorporate previously issued as Interamerican Airfreight Co. eral Register, the applicants may file a amendments and additional reporting Notice is hereby given pursuant to the request for a hearing and any person requirements. The modifications were provisions of the Federal Aviation Act whose interest may be affected by this authorized by Construction Permit No. of 1958, as amended, that hearing in the Proceeding may file a petition for leave CPRR-108. above-entitled proceeding is assigned to to intervene. Requests for a hearing and The Commission has found that the be held on March 10, 1971, at 10 a.m., Petitions to intervene shall be filed in ac­ application for amendment and supple­ e.st., in Room 911, Universal Building, cordance with the Commission’s rules ments comply with the requirements of 1825 Connecticut Avenue NW„ Wash­ of Practice in 10 CFR Part 2. If a request the Atomic Energy Act of 1954, as ington, DC, before the undersigned tor a hearing or petition for leave to in­ amended (the Act), and the Commis­ examiner. tervene is filed within the time prescribed sion’s regulations published in 10 CFR For further information regarding the m this notice, the Commission will issue Chapter I. Prior to issuance of the Issues herein interested persons are di­ a ttotice of a hearing or appropriate amendment, the facility will be inspected rected to Board order 71-2-24 of Feb­ order. by the Commission to determine whether ruary 4, 1971, consolidating applications for hearing and decision herein and to Prior to issuance of the facility operat­ it has been constructed and modified in ors license, the Commission will issue a accordance with the application, as the documents on file in the dockets re­ retailed environmental statement for the amended, and the provisions of Con­ ferred to in said order. oint Beach facility. The availability of struction Permit No. CPRR-108. The Dated at Washington, D.C., March 2, statement will be published in the amendment will be issued after the Com­ 1971. federal R egister. The statement will be mission makes the findings required by the Act and the Commission’s regula­ [ seal] W illiam J. M adden, in ^ re<* consistent with Appendix D of Hearing Examiner. u CFR p art 50 0f the Commission’s tions which are set forth in the proposed regulations. amendment, and concludes that the is­ [FR Doc.71-3188 Filed 3-5-71;8:50 am]

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4520 NOTICES.

[Docket No. 22628; Order 71-3-18] the above-entitled proceeding will be ently serves no useful purpose, and that held on April 20, 1971, at 10 a.m., e.s.t., its deletion from North Central’s certifi­ INTERNATIONAL AIR TRANSPORT in Room 911, Universal Building, 1825 cate will enable that carrier to achieve ASSOCIATION Connecticut Avenue NW„ Washington, greater operating flexibility.2 Moreover, Order Regarding Fare Matters DC. the proposed authorization is permissive. For information concerning the issues Thus, if the carrier finds it desirable to issued under delegated authority involved and other details in this pro­ do so, it will be able to adjust its opera­ March 2, 1971. ceeding, interested persons are referred tions as circumstances require. We also Agreements have been filed with the .to the prehearing conference report find that no other air carrier will be Board, pursuant to section 412(a) of the served on February 23, 1971, and other significantly affected by grant of this Federal Aviation Act of 1958 (the Act) documents which are in the docket of award.® and Part 261 of the Board’s economic this proceeding on file in the Docket Sec­ Interested persons will be given 20 regulations, between various air carriers, tion of the Civil Aeronautics Board. days from the service date of this order foreign air carriers, and other carriers, to show cause why the tentative findings embodied in the resolutions of Joint Con­ Dated at Washington, D.C., March 3, and conclusions set forth herein should ference 3-1 of the International Air 1971. ' 1 not be made final. We expect such per­ Transport Association (IATA) and [seal] H arry H. S chneider, sons to direct their objections, if any, to adopted by mail vote. The agreements Hearing Examiner. specific markets and to support such ob­ have been assigned the above-designated jections with detailed answers, specifi­ CAB agreement numbers. [FR Doc.71-3187 Filed 3-5-71;8:50 am] cally setting forth the tentative findings The agreements, which encompass and conclusions to which objection is amendments to IATA resolutions recent­ [Docket No. 21740; Order 71-3-24] taken. Such objections should be sup­ ly approved by the Board1 as agreed NORTH CENTRAL AIRLINES, INC. ported by legal precedent and detailed upon at the 1970 Worldwide Passenger economic analysis. If an evidentiary Fare Conference held in Honolulu, would Order Regarding Certificate of Public hèaring is requested, the objector should ( 1 ) permit contract bulk inclusive tour Convenience and Necessity state in detail, why such a hearing is (CBIT) fares, available for North/Cen- considered necessary and what relevant tral Pacific travel by Japan-originating Adopted by the Civil Aeronautics and material facts he would expect to Board at its office in Washington, D.C., passengers, to be combined with IATA- establish through such a hearing. Gen­ agreed fares within the Western Hemi­ on the 3d day of March 1971. eral, vague, or unsupported objections sphere, and (2) clarify that the mini­ North Central has filed a motion for will not be entertained. mum tour price for use in connection an order to show cause on its applica­ We also find that grant of exemption with South Pacific 35-day individual in­ tion, Docket 21740, to amend its certif­ authority pendente lite to permit the op­ clusive tour fares shall be $140 for the icate of public convenience and neces­ eration of one daily turnaround flight minimum-stay period plus $10 per day sity for route 86 so as to delete part of between Cleveland and Detroit is war­ thereafter where tour features are Condition (10),1 and thus, permit turn­ ranted. The relief granted is quite required. around service between Cleveland, Ohio, limited, temporary, and involves no new Pursuant to authority duly delegated and Detroit, Mich. stations or equipment for North Central. by the Board in the Board’s regulations, Northwest Airlines, Inc. (Northwest), North Central is authorized at the mar­ 14 CFR 385.14, it is not found, on a filed an answer requesting denial of ket in question, and the effect of our tentative basis, that the following reso­ North Central’s motion for an order to award is to afford North Central in­ lutions, which are incorporated in the show cause. Northwest also suggests that creased operating and scheduling flex­ agreement indicated, are adverse to the if the Board considers an award to North ibility, without causing any significant public interest or in violation of the Central to be necessary, the Board adverse impact on any other carrier.4 Act: should award an exemption permitting We find that it would be an undue bur­ the carrier to operate one daily turn­ Agreement CAB: IATA resolutions den, under the circumstances here pre­ around flight between Cleveland and sented, to deprive the carrier of the 22133 ______JT31 (Mail 190) 080m. Detroit. 22221 ______JT31 (Mall 195)079d. operational efficiencies that will inure Upon consideration of the foregoing, to it under the authority authorized Accordingly, it is ordered, That: and all the relevant facts, the Board has herein during the pendency of its ap­ Action on Agreements CAB 22133 and decided to issue an order to show cause, plication for an amendment to its 22221 be and hereby is deferred with a proposing to amend North Central’s cer­ certificate. view toward eventual approval. tificate as requested. In addition, we will Accordingly, we find that enforcement Persons entitled to petition the Board grant North Central an exemption on a of section 401 with respect to the service for reveiw of this order, pursuant to the pendente lite basis to permit one daily described above would be an undue bur­ Board’s regulations, 14 CFR 385.50, may, turnaround flight between Cleveland and den on the carrier by reason of the within 10 days after the date of service Detroit. The latter authority will permit limited extent of, and the unusual cir­ of this order, file such petitions in sup­ North Central to operate the service pro­ cumstances affecting its operations, and port of or in opposition to our proposed posed in the operating plan submitted in is not in the public interest. action herein. support of its motion for a show cause Accordingly, it is ordered, That: order. 1. All interested persons are directed This order will be published in the We tentatively find and conclude that to show cause why the Board should not F ederal R egister. the public convenience and necessity re­ [ seal] H arry J. Z in k, quire amendment of North Central’s cer­ 2 The restriction was Imposed over a dec­ Secretary. tificate for route 86 so as to delete the ade ago in the Great Lakes Local Serve Investigation, 31 C.A.B. 442 (1960), in a com­ [FR Doc.71-3189 Filed 3-5-71;8:50 am] restriction in Condition (10) which prohibits turnaround operations between petitive situation different from that w obtains today. It does not appear that c Cleveland and Detroit. The new author­ tinued limitation of the carrier’s operati [Docket No. 22871] ity will be ineligible for subsidy. flexibility will provide any benefits to In support of our ultimate finding, we public. , ollp„e LATIN AMERICAN ROUTES STOP­ tentatively find that the restriction pres- 2 We note that Northwest does not an ë OVER AUTHORITY INVESTIGATION that any diversion of passengers or rev ,,s Notice of Hearing 1 Condition (10) of route 86 states as fol­ will result from grant of North Ce lows: certificate amendment request. Notice is hereby given, pursuant to the “ (10) Flights serving Cleveland, Ohio, * Grant of the exemption will maK® P i+v provisions of the Federal Aviation Act shall originate or terminate at a point north sible late evening service from Travers or west o f Detroit, Mich., and nonstop flights to Cleveland (thereby conveniencmg P of 1958, as amended, that a hearing in between Minneapolis-St. Paul, Minn., and sengers returning to Cleveland _erts Chicago, 111., shall orginate or terminate at Traverse City) which the cf f ri?J’fpasibie. 1 Order 71-2-58, dated Feb. 11,1971. a point west of Minneapolis-St. Paul.” would be otherwise economically mi

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 NOTICES 4521 issue an order making final the tentative accounting and other things necessary findings and conclusions stated herein FEDERAL MARITIME COMMISSION for the management and operation of the and amending North Central’s certificate vessels ; acquisition of equipment and of public convenience and necessity for A. F. KLAVENESS & CO., other property in connection with the route 86 so as to delete the restriction A/S, ET AL. operation of the vessels; filing of tariffs on Cleveland service contained in Condi­ and obtaining necessary certifications tion (10); * Notice of Agreement Filed from interested governmental agencies; 2. Any interested person having objec­ Notice is hereby given that the follow­ appointment of agents, including tions to the issuance of an order making ing agreement has been filed with the arrangements for advertising and book­ final any of the proposed findings, con­ Commission for approval pursuant to ing services; and entering into arrange­ clusions, or certificate amendments set section 15 of the Shipping Act, 1916, as ments for terminals and terminal forth herein shall, within 20 days after amended (39 Stat. 733, 75 Stat. 763, 46 services. service of a copy of this order, file with U.S.C.814). Any specific pooling arrangements the Board and serve upon all persons Interested parties may inspect and and/or other subsequent agreements made parties to this proceeding a state­ obtain a copy of the agreement at the requiring Section 15 approval will be ment of objections together with a sum­ Washington office of the Federal Mari­ filed with the Federal Maritime Commis­ mary of testimony, statistical data, and time Commission, 1405 I Street NW., sion. other evidence expected to be relied upon Room 1202, or may inspect the agree­ Dated: March 2, 1971. to support the stated objections; ment at the offices of the District Man­ 3. If timely and properly supported agers, New York, N.Y., New Orleans, La., By order of the Federal Martime objections are filed, full consideration and San Francisco; Calif. Comments on Commission. will be accorded the matters and issues such agreements, including requests for raised by the objections before further F rancis C. H tjrney, hearing,' may be submitted to the Secre­ Secretary. action is taken by the Board; tary, Federal Maritime Commission, 1405 4. In the event no objections are filed, I Street NW., Washington, DC 20573, [FR Doc.71-3195 Filed 3—5—71;8:51 am] all further procedural steps will be within 20 days after publication of this deemed to have been waived and the notice in the Federal R egister. Any per­ ATLANTIC AND GULF-INDONESIA Board may proceed to enter an order in son desiring a hearing on the proposed CONFERENCE accordance with the tentative findings agreement shall provide a clear and con­ and conclusions set forth herein; cise statement of the matters upon which Notice of Agreement Filed 5. North Central Airlines, Inc., be and they desire to adduce evidence. An alle­ it hereby is temporarily exempted from gation of discrimination or unfairness Notice is hereby given that the follow­ the provisions of section 401 of the Act, shall be accompanied by a statement ing agreement has been filed with the and the terms, conditions, and limita­ describing the discrimination or unfair­ Commission for approval pursuant to tions of its certificate of public conveni­ ness with particularity. If a violation of section 15 of the Shipping Act, 1916, as ence and necessity for route 86, to the amended (39 Stat. 733, 75 Stat. 763, 46 the Act or detriment to the commerce U.S.C. 814). extent that they would otherwise pre­ of the United States is alleged, the state­ Interested parties may inspect and vent North Central from operating one ment shall set forth with particularity daily turnaround flight between Detroit, the acts and circumstances said to con­ obtain a copy of the agreement at the Mich., and Cleveland, Ohio; stitute such violation or detriment to Washington office of the Federal Mari­ 6. The exemption authority granted commerce. time Commission, 1405 I Street NW., herein shall be effective until 60 days A copy of any such statement should Room 1202; or may inspect the agree­ following final Board decision in Docket also be forwarded to the party filing the ment at the Field Offices located at New York, N.Y., New Orleans, La., and San 21740; agreement (as indicated hereinafter) 7. The exemption authority granted and the statement should indicate that Francisco, Calif. Comments on such herein may be amended or revoked at any this has been done. agreements, including requests for hear­ tune in the discretion of the Board with­ ing, may be submitted to the Secretary, out hearing; and Notice of agreement filed for approval Federal Maritime Commission, Wash­ by: 8. a copy of this order shall be served ington, D.C. 20573, within 20 days after upon the following, who are hereby made Francis L. Tetreault, Esq., Graham & James, publication of this notice in the Federal Parties to this proceeding: Airlift In- 310 Sansome Street, San Francisco, CA R egister. Any person desiring a hearing ernational, Inc., Allegheny Airlines, 94104. on the proposed agreement shall provide jhc., American Airlines, Inc., Braniff Agreement No. 9852 is a cooperative a clear and concise statement of the J^whys, Inc., Delta Air Lines, Inc., East- working arrangement among A. F. matters upon which they desire to ad­ Tii! r k*nes> Inc., The Flying Tiger Klaveness & Co., A/S, Det Bergenske duce evidence. An allegation of discrimi­ nation or unfairness shall be accom­ tv* Inc., Mohawk Airlines, Inc., North Dampskibsselskab and Det Nordenf jeld- panied by a statement describing the Tnpvi ^ rbnes> Inc., Northeast Airlines, ske Dampskidsselskab as parties to oper­ discrimination or unfairness with par­ ¡¡f" Northwest Airlines, Inc., Tag Air- ate passenger vessels now being built in ticularity. If a violation of the Act or H ’JT*’ I!rans World Airlines, Inc., a joint cruise service to and between var­ detriment to the commerce of the United Air.Lines» I110-* and the cities of ious ports in the world. lr°it> Mich., and Cleveland, Ohio. States is alleged, the statement shall set The objective of the parties is the forth with particularity the acts and order wiu be Published in the F ed- cooperative management and operation circumstances said to constitute such ERAL Register. of passenger cruise services either violation or detriment to commerce. % the Civil Aeronautics Board. directly or through a jointly owned Nor­ A copy of any such statement should wegian corporation, Royal Viking Line also be forwarded to the party filing the ^SEAL-* H arry J. Z in k , A/S, or through a jointly owned Ameri­ agreement (as indicated hereinafter) Secretary. can corporation, Royal Viking Line, Inc., and the statement should indicate that [PR Doc.71-3190 Piled 3-5-71;8:50 am] or through other corporations and busi­ this has been done. ness structures and/or through bareboat Notice of agreement filed by: charter or otherwise. Mr. R. T. Curran, Secretary, Atlantic and subsidy authority will be ineligible for The agreement specifically provides Gulf-Indonesia Conference, 11 Broadway for the arranging of scheduling; fares, New York, N.Y. 10004.

/

No. 45------o FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4522 NOTICES

Agreement No. 808 0 -1 0 is a modifica­ notPd- March 3 1071 ^ annuaHy in the trade after giving tion of the Atlantic and Gulf-Indonesia ijaiea. marcn a, im i. notice, as provided in the agreement, of Conference’s basic agreement which has By order of the Federal Maritime such intention to the other party and to been filed in an effort to comply with the Commission. the Federal Maritime Commission. Federal Maritime Commission’s require­ F rancis C. H u r n e y , Dated: March 2,1971. ments concerning Self-Policing Systems, Secretary. General Order 7 (Revised) as published By order of the Federal Maritime in the F ederal R egister of October 28, [FR Doc.71-3197 Filed 3-5-71;8:51 am] Commission. 1970 (35 F.R. 1 66 7 9). F rancis C. H urney, Secretary. Dated: March 3, 1971. FARRELL LINES, INC., ET AL. [FR Doc.71-3198 Filed 3-5-71:8:51 ami By order of the Federal Maritime Commission. Notice of Agreement Filed F rancis C. H u r n e y , Notice is hereby given that tjie follow­ MALAYSIA-PACIFIC RATE Secretary. ing agreement has been filed with the AGREEMENT [FR Doc.71-3196 Filed 3-5-71;8:51 am] Commission for approval pursuant to sec­ Notice of Agreement Filed tion 15 of the Shipping Act, 1916, as amended (39 Stat. 733, 75 Stat. 763, 46 Notice is hereby given that the follow­ ATLANTIC AND GULF-SINGAPORE, U.S.C. 814). ing agreement has been filed with the MALAYA, AND THAILAND CON­ Interested parties may inspect and ob­ Commission for approval pursuant to FERENCE tain a copy of the agreement at the section 15 of the Shipping Act, 1916, as Notice of Agreement Filed Washington office of the Federal Mari­ amended (39 Stat. 733, 75 Stat. 763,46 time Commission, 1405 I Street NW., U.S.C. 814). Notice is hereby given that the follow­ Room 1202; or may inspect the agree­ Interested parties may inspect and ob­ ing agreement has been filed with the ment at the Field Offices located at New tain a copy of the agreement at the Commission for approval pursuant to York, N.Y., New Orleans, La., and San Washington office of the Federal Mari­ section 15 of the Shipping Act, 1916, as Francisco, Calif. Comments on such time Commission,. 1405 I Street NW., amended (39 Stat. 733, 75 Stat. 763, 46 agreements, including requests for hear­ Room 1202; or may inspect the agree­ U.S.C. ¿14). ing, may be submitted to the Secretary, ment at the Field Offices located at New Interested parties may inspect and ob­ Federal Maritime Commission, Wash­ York, N.Y., New Orleans, La., and San tain a copy of the agreement at the ington, D.C. 20573, within 20 days after Francisco, Calif. Comments on such Washington office of the Federal Mari­ publication of this notice in the F ederal agreements, including requests for hear­ time Coinmission, 1405 I Street NW., R egister. Any person desiring a hearing ing, may be submitted to the Secretary, Room 1202; or may inspect the agree­ on the proposed agreement shall provide Federal Maritime Commission, Washing­ ment at the Field Offices located at New a clear and concise statement of the ton, D.C. 20573, within 20 days after pub­ York, N.Y., New Orleans, La., and San matters upon which they desire to adduce lication of this notice in the F ederal Francisco, Calif. Comments on such evidence. An allegation of discrimination R egister. Any person desiring a hearing agreements, including requests for hear­ or unfairness shall be accompanied by a on the proposed agreement shall provide ing, may be submitted to the Secretary, statement describing the discrimination a clear and concise statement o f the Federal Maritime Commission, Washing­ or unfairness with particularity. If a matters upon which they desire to ad­ ton, D.C. 20573, within 20 days after pub­ violation of the Act or detriment to the duce evidence. An allegation o f discrim­ lication, of this notice in the F ederal commerce of the United States is alleged, ination or unfairness shall be accom­ R egister. Any person desiring a hearing the statement shall set forth with par­ panied by a statement describing the on the proposed agreement shall provide ticularity the acts and circumstances discrimination or unfairness with par­ a clear and concise statement of the mat­ said to constitute such violation or ticularity. If a violation of the Act or ters upon which they desire to adduce detriment to commerce. detriment to the commerce o f the Umtea evidence. An allegation of discrimination A copy of any such statement should States is alleged, the statement shall set or unfairness shall be accompanied by a also be forwarded to the party filing the forth with particularity the acts ana statement describing the discrimination agreement (as indicated hereinafter) circumstances said to constitute sucn or unfairness with particularity. If a and the statement should indicate that violation or detriment to commerce. violation of the Act or detriment to the this has been done. A copy of any such statement should commerce of the United States is alleged, Notice of agreement filed by: also be forwarded to the party the statement shall set forth with par­ agreement (as indicated hereinaite ticularity the acts and circumstances Seymour H. Kligler, Esquire, Levitt Brauner and the statement should indicate tn said to constitute such violation or detri­ Baron Rosenzweig & Kligler, Attorneys at Law, 120 Broadway, New York, N.Y. 10005. this has been done. ment to commerce. Notice of agreement filed by: A copy of any such statement should Agreement No. 9931, between Farrell Lines, Inc., and Moore-McCormack Mr. W. R. Galloway, Secreary, Malaysia- also be forwarded to the party filing the Pacific Rate Agreement, 635 Sacram agreement (as indicated hereinafter) Lines, Inc., as one party, and South Street, San Francisco, Calif. 94111. and the statement should indicate that African Marine Corp., Ltd., Springbok this has been done. Lines, Ltd., and Springbok Shipping Co., Agreement No. 9836-1 is a modification Notice of agreement filed by: ‘ Ltd., as one party, provides for the es­ of the Malaysia-Pacific Rate Ait Mr. R. T. Curran, Secretary, Atlantic and tablishment of a sailing arrangement by ment’s basic agreement which has Gulf-Singapore, Malaya, and Thailand the parties in the trade from U.S. At­ filed in an effort to comply with. w Conference, 11 Broadway, New York, N.Y. lantic Coast ports to ports in southwest, Federal Maritime Commissions requu 10004. south, southeast and East Africa, and ments concerning Self-Policing Sysj£ ’ General Order 7 (Revised) as pub g Agreement No. 8240-8 is a modifica­ to ports on the islands of Madagascar, in the F ederal R egister of Octooer - tion of the Atlantic and Gulf-Singapore, Reunion, Mauritius, the Comores and Malaya, and Thailand Conference’s basic Seychelles and on the islands of Ascen­ 1970 (35 F.R. 16679). sion and St. Helena. The parties will fur­ agreement which has been filed in an Dated: March 3, 1971. effort to comply with the Federal Mari­ nish equivalent tonnage as regards the By order of the Federal Maritime time Commission’s requirements con­ type and capacity of the vessels to be cerning Self-Policing Systems, General used, and each will maintain a minimum Commission. „ F rancis C. H urney, Order 7 (Revised) as published in the of 40 sailings annually in the trade. Secretary- F ederal R egister of October 28, 1970 Either party may operate one or more (35F.R. 16679). sailings in excess of the specified 40 sail- [FR Doc.71-3199 Filed 3-5-71;8:51 am)

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 NOTICES: 4523

PACIFIC COAST EUROPEAN CON­ time Commission, 1405 I Street NW., amended (39 Stat. 733, 75 Stat. 763, 46 FERENCE AND MATSON NAVIGA­ Room 1202; or may inspect the agree­ U.S.C. 814). ment at the Field Offices located at New Interested parties may inspect and ob­ TION CO. York, N.Y., New Orleans, La., and San tain a copy of the agreement at the Notice of Agreement Filed Francisco, Calif. Comments on such Washington office of the Federal Mari­ agreements, including requests for hear­ time Commission, 1405 I Street NW., Notice is hereby given that the, follow­ ing, may be submitted to the Secretary, Room 1202; or may inspect the agree­ ing agreement has been filed with the Federal Maritime Commission, Wash­ ment at the Field Offices located at New Commission for approval pursuant to ington, D.C. 20573, within 20 days after York, N.Y., New Orleans, La., and San section 15 of the Shipping Act, 1916, as publication of this notice in the F ederal Francisco, Calif. Comments on such amended (39 Stat. 733, 75 Stat. 763, 46 R egister. Any person desiring a hearing agreements, including requests for hear­ U.S.C. 814). on the proposed agreement shall provide ing, may be submitted to the Secretary, Interested parties may inspect and ob­ a clear and concise statement of the Federal Maritime Commission, Wash­ tain a copy of the agreement at the matters upon which they desire to ad­ ington, D.C. 20573, within 10 days after Washington office of the Federal Mari­ duce evidence. An allegation of discrimi­ publication of this notice in the F ederal time Commission, 1405 I Street NW„ nation or unfairness shall be accompa­ R egister. Any person desiring a hearing Room 1202; or may inspect the agree­ nied by a statement describing the on the proposed agreement shall provide ment at the Field Offices located at New discrimination or unfairness with par­ a clear and concise statement of the York, N.Y., New Orleans, La., and San ticularity. If a violation of the Act or det­ matters upon which they desire to ad­ Fransicso, Calif. .Comments on* such riment to the commerce of the United duce evidence. An allegation of discrimi­ agreements, including requests for hear­ States is alleged, the statement shall nation or unfairness shall be accom­ ing, may be submitted to the Secretary, set forth with particularity the acts and panied by a statement describing the Federal Maritime Commission, Washing­ circumstances said to constitute such discrimination or unfairness with par­ ton, D.C. 20573, within 20 days after violation or detriment to commerce. ticularity. If a violation of the Act or publication of this notice in the F ederal A copy of any such statement should detriment to the commerce of the United Register, Any person desiring a hearing also be forwarded to the party filing the States is alleged, the statement shall on the proposed agreement shall provide agreement (as indicated hereinafter) set forth with particularity the acts and a clear and concise statement of the mat­ circumstances said to constitute such ters upon which they desire to adduce and the statement should indicate that this has been done. violation or detriment to commerce. evidence. An allegation of discrimination Notice of agreement filed by: A copy of any such statement should or unfairness shall be accompanied by also be forwarded to the party filing the a statement describing the discrimina­ Martin P. • Richman, Esq., Barrett, Knapp, agreement (as indicated hereinafter) tion or unfairness with particularity. If Smith & Schapiro, 26 Broadway, New York, NY 10004. and the statement should indicate that a violation of the Act or detriment to the this has been done. commerce of the United States is alleged, Agreement No. 9932, between Pruden­ Notice of agreement filed by: the statement shall set forth with par­ tial-Grace Lines, Inc., and Compania John K. Cunningham^ Secretary, U.S. Great ticularity the acts and circumstances Peruana De Vapores, covers an equal ac­ said to constitute such violation or detri­ Lakes and St. Lawrence River Ports/West cess arrangement with respect to the Africa Agreement, 67 Broad Street, New ment to commerce. movement of government-controlled York, NY 10004. A copy of any such statement should cargo in the trade between ports on the also be forwarded to the party filing the west coast of the United States and Peru­ Agreement No. 9420-3, among the agreement (as indicated hereinafter) vian ports. The agreement provides that member lines of the United States Great and the statement should indicate that (1) each carrier will support requests to Lakes and St. Lawrence River Ports/ this has been done. its government by the other carrier for West Africa Agreement, will modify the Notice of agreement filed by: „ the movement of 50 percent of the car­ basic agreement of the parties by amend­ G. E. Hay, Chairman, Pacific Coast European goes Controlled by such government; (2) ing (1) Article 5 of the agreement to Conference, 417 Montgomery Street, San each carrier shall have free access to all eliminate the payment of an admission Francisco, Calif. 94104. commercial export and import cargoes fee as a condition for becoming a party to the agreement, and (2) Article 3 of Agreement No. 8299-1 amends the in the trade; (3) each carrier will be an associated carrier of the other, and shall the agreement to eliminate the require­ basic agreement to permit the member ment of a unanimous vote for action lines of the Pacific Coast European Con­ maintain a minimum of 12 voyages per year adequately spaced in the service; and to substitute therefor a two-thirds ference to issue through bills of lading majority vote for action on rate matters for through movements originating in and (4) the arrangement shall have an interim duration of 120 days during and a three-fourths majority vote for Hawaii and restates the agreement in its action on all other matters. entirety. which period the parties thereto intend to negotiate a pooling agreement for Dated: March 3, 1971. Dated: March 2, 1971. the movement of government-controlled By order of the Federal Maritime By order of the Federal Maritime cargo in this same trade on a similar 50- Commission. 50 basis. commission. F rancis C. H urney, F rancis C. H tjrney, Dated: M arch2,1971. Secretary. Secretary. By order of the Federal Maritime [FR Doc.71-3202 Filed 3-5-71:8:51 am] [FR Doc.71-3200 Piled 3-6-71;8:51 am] Commission.

F rancis C. H tjrney, prudential-g r a c e LINES, INC., Secretary. FEDERAL POWER COMMISSION AND COMPANIA PERUANA DE VAPORES [FR Doc.71-3201 Piled 3-5-71:8:51 am] [Docket No. R171-744] Notice of Agreement Filed AZTEC OIL AND GAS CO. U.S. GREAT LAKES AND ST. LAW­ Order Providing for Hearings on and in^°^ce hereby given that the follow- RENCE RIVER PORTS/WEST AFRICA s agreement has been filed with the Suspension of Proposed Changes

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4524 NOTICES charges of currently effective rate sched­ The Commission orders: (C) Until otherwise ordered by the ules for sales of natural gas under Com­ (A) Under the Natural Gas Act, par­ Commission, neither the suspended sup­ mission jurisdiction, as set forth in ap­ ticularly sections 4 and 15, the regula­ plements, nor the rate schedules sought pendix A hereof. tions pertaining thereto (18 CFR to be altered, shall be changed until dis­ The proposed changed rates and chapter I), and the Commission’s rules position of these proceedings or expira­ tion of the suspension period. charges may be unjust, unreasonable, of practice and procedure, public hear­ unduly discriminatory, or preferential, (D) Notices of intervention or peti­ or otherwise unlawful. ings shall be held concerning the law­ tions to intervene may be filed with the The Commission finds: It is in the fulness of the proposed changes. Federal Power Commission, Washington, public interest and consistent with the (B) Pending hearings and decisions D.C. 20426, in accordance with the rules Natural Gas Act that the Commission thereon, the rate supplements herein of practice and procedure (18 CFR 1.8 enter upon hearings regarding the law­ are suspended and their use deferred an dl.37(f)) on or before April 16, fulness of the proposed changes, and until date shown in the “Date Suspended 1971. that the supplements herein be Until” column, and thereafter until By the Commission. suspended and their use be deferred made effective as prescribed by the Nat­ [ s e a l ] K e n n e t h F. P l u m b , as ordered below. ural Gas Act. Acting Secretary.

Appendix A

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

RI71-744... Aztec Oil & Gas Co...... 3 1 28 El Paso Natural Gas Co. (Mesa $226,429 12-21-70 3-1-71 8-1-71 *15.0693 »»29.23 RI69-379. Verde Formation in San Juan 14.0593 »*29.23 RI69-379. and Rio Arriba Counties, N . Mex.) (San Juan Basin).

*The pressure base Is 15.026 p.s.l.a. * Unilateral increase after expiration of 20-year contract. 1 Does not include acreage added by agreements dated Oct. 3,1969 and Dec. 15,1969. * 28.11-cent base rate plus 0.12-cent tax reimbursement and 1-cent minimum guaran- (Supplement Nos. 25 and 26). tee for liquids, s Includes 1-cent minimum guarantee for liquids.

Aztec Oil & Gas Co. proposes a unilateral listed herein’has filed an application must file petitions to intervene in accord­ rate increase from 14.0593 ÿ and 15.0593 ÿ to pursuant to section 7(c) of the Natural ance with the Commission’s rules. 29.231 per Mcf for a sale of gas to El Paso Natural Gas Co. from the Mesa Verde forma­ Gas Act and § 157.40 of the regulations Take further notice that, pursuant to tion in the San Juan Basin of N. Mex. thereunder for a “small producer” certif­ the authority contained in and subject The Commission recently issued an order in icate of public convenience and necessity Docket No. R-407 providing for a 1-day sus­ authorizing the sale for resale and de­ to the jurisdiction conferred upon the pension period for certain independent pro­ livery of natural gas in interstate com­ Federal Power Commission by sections ducer rate filings. Another order issued con­ 7 and 15 of the Natural Gas Act and the currently with the order in Docket No. R- merce from areas for which just and rea­ 407 shortened the suspension period for pro­ sonable rates have been established, all Commission’s rules of practice and pro­ posed increased rates then under suspen­ as more fully set forth in the applica­ cedure, a hearing will be held without sion. Notwithstanding these orders, in view tions which are on file with the Com­ further notice before the Commission on of the potential triggering impact of this in­ all applications in which no petition to creased rate, Aztec’s rate shall be suspended mission and open to public inspection. for 5 months. Any person desiring to be heard òr to intervene it filed within the time re­ Aztec’s proposed increased rate and charge make any protest with reference to said quired herein if the Commission on its exceeds the applicable area price level for in­ own review of the matter believes that creased rates as set forth in the Commission’s applications should on or before statement of general policy No. 61-1, as Marcl^ 19, 1971, file with the Federal a grant of the certificates is required by the public convenience and necessity. amended (18 CFR 2.56). Power Commission, Washington, D.C. Where a petition for leave to intervene [FR Doc.71-2999 Filed 3-5-71;8:45 am] 20426, petitions to intervene or protests is timely filed, or where the Commission [Docket No. CS71-192, etc.] in accordance with the requirements of on its own motion believes that a forma CLIFFORD H. SHERROD, JR., ET AL. the Commission’s rules of practice and procedure (18 CFR 1.8 or 1.10). All pro­ hearing is required, further notice of Notice of Applications for “Small tests filed with the Commission will be such hearing will be duly given. Under the procedure herein provide Producer” Certificates 1 considered by it in determining the ap­ for, unless otherwise advised, it will be M arch 1, 1971. propriate action to be taken but will not unnecessary for Applicants to appear or Take notice that each of the Applicants serve to make the protestants parties to the proceeding. Persons wishing to be­ be represented at the hearing. 1 This notice does not provide for consoli­ dation for hearing of the several matters cov­ come parties to a proceeding or to partic­ K e n n e t h F. P l u m b , ered herein. ipate as a party in any hearing therein Acting Secretary.

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 NOTICES 4525

Governors of the acquisition by applicant (3) ICP Docket No. 11075, Little Rock Coal Docket Date Name of applicant No. filed of at least 80 percent of the voting shares Co., No. 11 Mine, USBM ID No. 44 01580 0. of St. Johns River Bank, Jacksonville, Grundy, Buchanan County, Va., Section ID No. 001 (No. 1). CS71-192... 1-22-71 Clifford H. Sherrod, Jr., Post Fla. Office Box 742, Midland, T X Section 3(c) of the Act provides that 79701. In accordance with the provisions of CS71-193... 1-25-71 North Star Petroleum Corp., the Board shall not approve: section 202(b)(4) of the Federal Coal 705 Alamo National Bldg.. (1) Any acquisition or merger or con­ Mine Health and Safety Act of 1969 (83 San Antonio, T X 78205. solidation under section 3 which would CS71-194... 1-25-71 Delta Corp., 801 First National Stat. 742, ,et seq., Public Law 91-173), Bldg., Oklahoma City, OK result in a monopoly, or which would be notice is hereby given that requests for 73102. in furtherance of any combination or C871-195... 1-25-71 Southwest Oil Industries, Inc., public hearing as to an application for 801. First National Bldg., conspiracy to monopolize or to attempt renewal may be filed within 15 days after Oklahoma City, OK 73102. to monopolize the business of banking in publication of this notice. Requests for C871-196... 1-25-71 Sabine Oil Industries, Inc., 801 First National Bldg., any part of the United States, or public hearing must be completed in ac­ Oklahoma City, OK 73102. (2) Any other proposed acquisition or cordance with 30 CFR Part 505 (35 F.R. CS71-197__ 1-26-71 Rex Fuller, Post Office Box merger or consolidation under section 3 2454, Lubbock, T X 7941®. 11296, July 15, 1970), copies of which CS71-198... 1-26-71 Do. whose effect in any section of the country may be obtained from the Panel on CS71-199... 1-25-71 Mitchell OU Co., c/o Mr. Phillip may be substantially to lessen competi­ request. V. Mitchell, 5709 Cromwell Dr., Washington, D C 20016. tion, or to tend to create a monopoly, A copy of the application is available C871-200... 2- 1-71 Sage Petroleum Co., c/o Bobby or which in any other manner would be G. Dawson, Agent, Box 191, for inspection and requests for public Borger, T X 79007; in restraint of trade, unless the Board hearing may be filed in the office of the CS71-201__2- 1-71 Childers OU Co., c/o Bobby Q. finds that the anticompetitive effects of Correspondence Control Officer, Interim Dawson, Agent, Box 191, the proposed transaction are clearly out­ Borger, T X 79007. Compliance Panel, Suite 800, 1730 K C871-202... 2- 1-71 Jay Childers OU Account, c/o weighed in the public interest by the Street NW., Washington, DC 20006. Bobby G. Dawson, Agent, Box probable effect of the transaction in 191, Borger, T X 79007. G eorge A. H ornbeck, CS71-203__2- 1-71 A. S. Ritchie et al., 352 North meeting the convenience and needs of _ Broadway, Wichita, KS 67202. the community to be served. Chairman, CS71-204... 2- 4-71 Acme OU Corp. (Operator) et Interim Compliance Panel. al., 435 North Main, Wi'chita, Section 3(c) further provides that, in KS 67202, every case, the Board shall take into M arch 2, 1971. CS71-205... 2- 6-71 W. Frank Dameron, 2205 Wilco consideration the financial and man­ Bldg., Midland, T X 79701. [FR Doc.71-3145 Filed 3-5-71;8:46 am] CS71-206... 2- 6-71 Davon DrUling Co., Post Office agerial resources and future prospects Box 12509, Oklahoma City, OK of the company or companies and the 73112. CS71-207... 2 - 8-71 Ronald L. Werner, Holcomb, banks concerned, and the convenience Kans. 67851. and needs of the community to be served. CS71-208— 2- 8-71 Chanslor-Westem OU and Devel­ SECURITIES AND EXCHANGE opment Co., 80 East Jackson Not later than thirty (30) days after Blvd., Room 1426, Chicago, the publication of this notice in the ^ IL 60604. F ederal R egister, comments and views COMMISSION C871-209... 2-10-71 Paul W. Kenworthy, Post Office Box 2253, Odessa, T X regarding the proposed acquisition may [812-2889] 79760. be filed with the Board. Communications CS71-210— 2-16-71 Barnett OU Co., 411 First CHAMBERLAIN MANUFACTURING National Bank Bldg., should be addressed to the Secretary, „„ Wichita, KS 67202. Board of Governors of the Federal Re­ CORP. 0871-211... 2-17-71 Trumart Oil Co., c/o Donald serve System, Washington, D.C. 20551. L. Martin, Partner, Box 12, Notice of Filing of Application for new . EHis, KS 67637. The application may be inspected at the VB71-212... 10-30-70 James B. Dunigan Estate, office of the Board of Governors or thé Order Exempting Transaction c/o Howard E. Wahrenbrock, Attorney, Room 605,1725 Federal Reserve Bank of Atlanta. M arch 2,1971. K Street NW., Washington, By order of the .Board of Governors, PR71 019 „ D c 20006- Notice is hereby given that Chamber- voyi-213— 10-30-70 Lefors Petroleum Co., Inc., March 1,1971. lain Manufacturing Corp. (Chamber- c/o Howard E. Wahrenbrock, lain), 845 Larch Avenue, Elmhurst, IL Attorney, Room 605, 1725 [ seal] K enneth A. K enyon, K Street NW., Washington, - 60126, has field an application pursuant PH7i on . DC 20006. Deputy Secretary. v071-214... 10-30-70 E. L. Green, Jr., c/o Howard to section 17(b) of the Investment Com­ E. Wahrenbrock, Attorney, [FR Doc.71-3174 Filed 3-5-71;8:49 am] pany Act of 1940 (Act) for an order ex­ Room 605,1725 K Street NW., empting from the provisions of section P.R71 oi, . Washington, DC 20006. V871-216... 10-30-70 R. G. AUen, c/o Howard E. 17(a) of the Act the proposed purchase Wahrenbrock, Attorney, by Chamberlain of 116,300 shares of its Room 605,1725 K Street NW., INTERIM COMPLIANCE PANEL outstanding common stock, at a price of CH71-01« „„ « Washington, DC 20006. 2W... 10-30-70 Hugh Burdette, c/o Howard • $8.50 per share, from Enterprise Fund, E. Wahrenbrock, Attorney, Room 605,1725 K Street NW., (COAL MINE HEALTH AND Inc. (Enterprise), an open-end invest­ C871-917 „ Washington, DC 20006. ment company registered under the Act. 217... 10-30-70 Hugh Burdette and H. L. All interested persons are referred to the Green, Trustees, c/o Howard SAFETY) E. Wahrenbrock, Attorney, application on file with the Commission Room 605,1725 K Street NW., for a statement of the representations Washington, DC 20006. WESTMORELAND COAL CO. AND LITTLE ROCK COAL CO. made therein, which are summarized [FR Doc.71-3050 Filed 3-5-71;8:45 am] below. Applications for Renewal Permits; Enterprise owns 116,300 shares (7.2 Notice of Opportunity for Public percent) of the outstanding common Hearing stock of Chamberlain and Chamberlain FEDERAL reserve system is accordingly an affiliated person of En­ Applications for renewal permits for terprise under section 2(a) (3) of the Act. f,RST a t ORLANDO CORP. noncompliance with the Interim Manda­ Section 17 (a) of the Act, as here perti­ Notice of Application for Approval of tory Dust Standard (3.0 m g./m .3) have been received as follows : nent, provides that it is unlawful for an cquisition of Shares of Bank affiliated person of a registered invest­ (1) ICP Docket No. 10647, Westmoreland ment company to sell to or purchase from has °hpe *S hereby siven that application Coal Co., Wentz No. 1 Mine, USBM ID No. 44 such investment company any security or 3(a) 7 9 7 * made> Pursuant to section 00302 0, Stonega, Wise County, Va., Section ID No. 005 (No. 3 Main East), Section ID No. property unless the Commission, upon Act of Holding Company 007 (No. 3 Main East, No. 13 Right). application pursuant to section 17(b), First L1!5® (12 U s c - 1842(a)(3)), by (2) ICP Docket No. 10652, Westmoreland grants an exemption from the provisions holding Orlando Corp., which is a bank Coal Co., Pine Branch No. I Mine, USBM ID of section 17(a) after finding that the company located in Orlando, No. 44 00298 0, Dunbar, Wise County, Va., terms of the proposed transaction are ’ or Prior approval by the Board of Section ID No. 004 (No. 2 Left). fair and reasonable and do not involve

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4526 NOTICES any over-reaching on the part of any per­ [70-4549] proof of service (by affidavit or, in case of an attorney at law, by certificate) son concerned, that the proposed trans­ PENNSYLVANIA ELECTRIC CO. action is consistent with , the policy of should be filed with the request. At any each registered investment company con­ Notice of Posteffective Amendment time after said date, the application, as cerned, and that the proposed transac­ Regarding Increase in Authorized now amended or as it may be further amended, may be granted as provided tion is consistent with the general pur­ Amount of Notes To Be Acquired poses of the Act. in Rule 23 of the general rules and reg­ Chamberlain, an Iowa corporation with From Nonaffiliated Company ulations promulgated under the Act, or approximately 1,100 stockholders, is en­ M arch 2,1971. the Commission may grant exemption gaged in the manufacturing business. Its from such rules as provided in Rules Notice is hereby given that Pennsyl­ 20(a) and 100 thereof or take such other common stock is traded over-the-counter vania Electric Co. (Penelec), 1001 Broad action as it may deem appropriate. Per­ and is not listed on any stock exchange. Street, Johnstown, PA 15907, an electric sons who request a hearing or advice as The proposed transaction was agreed utility subsidiary company of General to whether a hearing is ordered, will re­ upon by Chamberlain and Enterprise on Public Utilities Corporation, a registered ceive notice of further developments in December 24, 1970. The bid price of holding company, has filed with this Chamberlain’s common stock in the over- Commission a posteffective amendment this matter, including the date of the hearing (if ordered) and any postpone­ the-counter market at that time was to the application in this proceeding pur­ $8.50 per share. The agreement was put suant to sections 9(a) and 10 of the ments thereof. in writing on January 18, 1971, and pro­ Public Utility Holding Company Act of For the Commission, by the Division of vides that such agreement will terminate 1935 (A ct), proposing to further assist Corporate Regulation, pursuant to dele­ if an order of the Commission granting one of two nonaffiliated coal companies gated authority. the requested exemption is not issued by to complete development of mines to sup­ March 24,1971. [ seal] R osalie F. S chneider, ply the coal requirements of a generat­ Recording Secretary. Chamberlain states that it and Enter­ ing station owned in part by Penelec. prise were on equal footing in negotiat­ All interested persons are referred to the [FR Doc.71-3177 Filed 3-5-71:8:49 am] ing the proposed transaction in an arms- posteffective amendment, which is sum­ length relationship. None of the directors, marized below, for a complete statement officers, or persons owning beneficially 10 of the proposed transaction. percent or more of the outstanding vot­ By order dated November 17, 1967 TARIFF COMMISSION ing securities of Chamberlain is a direc­ (Holding Company Act Release No. [TEA—W—80] tor, officer or shareholder of Enterprise. 15899), the Commission, among other ADVANCE ROSS ELECTRONICS None of the directors or officers of Enter­ things, authorized Penelec to acquire prise is a director or officer or, to the $5,500,000 up to December 31, 1970, of PLANT knowledge of Chamberlain, a shareholder promissory notes to be issued by The Workers’ Petition for Determination of of Chamberlain. Helen Mining Co. (Helen), one of the Eligibility To Apply for Adjustment Notice is further given that any inter­ two nonaffiliated mining companies en­ ested person may, not later than gaged in developing coal mines for the Assistance; Notice of Investigation March 18, 1971, at 5:30 p.m„ submit to Homer City Generating Station, in which On the basis of a petition filed under the Commission in writing a request for station Penelec owns a 50 percent inter­ section 301(a) (2) of the Trade Expan­ a hearing on the matter accompanied by est. By order dated July 11, 1970 (Hold­ sion Act of 1962, on behalf of the workers a statement as to the nature of his in­ ing Company Act Release No. 16773), at the Advance Ross Electronics Plant, terest, the reason for such request, and Penelec was authorized to increase the Washington, Iowa, the U.S. Tariff Com­ the issues of fact or law proposed to be amount of notes to be acquired to mission, on March 1, 1971, instituted a controverted, or he may request that he $6,500,000, due to increases in Helen’s es­ investigation under section 301 (c) (2) o be notified if the Commission shall order timated costs of developing such mines, the Act to determine whether, as a result a hearing thereon. Any such communica­ Penelec now proposes to further increase in major part of concessions granted un­ tion should be addressed: Secretary, such authorized amount to not more than der trade agreements, articles like or cu- Securities and Exchange Commission, $7,750,000 to be acquired not later than rectly competitive with the deflectio Washington, D.C. 20549. A copy of June 30,1972, due to additional increases yokes and horizontal output transform­ such request shall be served per­ in Helen’s costs of developing such mines. ers produced at the plant are being im­ sonally or by mail (airmail if the As of the date of filing, Penelec has ac­ ported into the United States in such in* person being served is located more quired $5,500,000 of such notes. The re­ creased quantities as to cause, or threaten than 500 miles from the point of mail­ maining transactions heretofore au­ ing) upon Chamberlain at the address thorized and described in the above- to cause, the unemployment or under stated above. Proof of such service (by mentioned Commission orders remain employment of a significant number or affidavit or in case of an attorney at law unchanged. No State commission and no proportion of the workers of such p &u. by certificate) shall be filed contem­ Federal commission, other than this The petitioner has not requested a pu poraneously with the request. At any time Commission, has jurisdiction over the lie hearing. A hearing w ill be held on after said date, as provided by Rule 0-5 proposed transaction. request of any other party showing of the rules and regulations under the Notice is further given that any inter­ Act, an order disposing of the application ested person may, not later than March proper interest in the subject matter herein may be issued upon the basis of 23, 1971, request in writing that a hear­ the investigation, provided such r®S®. the information stated in the application, ing be held on such matter, stating the is filed within 10 days after publica i unless an order for hearing upon the nature of his interest, the reasons for of the notice in the F ederal R egister- application shall be issued upon request such request, and the issues of fact or The petition filed in this case is *7 or upon the Commission’s own motion. law raised by said posteffective amend­ able for inspection at the Office o Persons who request a hearing, or advice ment to the application which he desires Secretary, U.S. Tariff C om m issi- as to whether a hearing is ordered, will to controvert; or he may request that he receive notice of further developments in be notified if the Commission should Eighth and E Streets NW, Washington, this matter, including the date of the order a hearing thereon. Any such re­ DC, and at the New York City office hearing (if ordered) and any postpone­ quest should be addressed: Secretary, the Tariff Commission located in r ments thereof. Securities and Exchange Commission, 437 of the Customhouse. For the Commission, by the Division of Washington, D.C. 25049. A copy of such Issued: March 3, 1971. Corporate Regulation pursuant to dele­ request should be served personally or gated authority. by mail (airmail if the person being By order of the Commission. [ seal] R osalie F. S chneider, served is located more than 500 miles [ seal] K e h h e ik Recording Secretary. from the point of mailing) upon the ap­ IFR Doc.71-3176 Filed 3-5-71;8:49 am] plicant at the above-stated address, and [PR Doc.71-3206 Piled 3-5-71;8:52 »0-1

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 NOTICES 4527

[TEA-W-79] Inspection of petition. The petition kegon, Mich., because of ice conditions AMERICAN BEMBERG PLANT filed in this case is available for inspec­ in Lake Michigan. tion at the Office of the Secretary, U.S. It is ordered, That: Workers' Petition for Determination of Tariff Commission, Eighth and E Streets (a) The Grand Trunk Western Rail­ Eligibility To Apply for Adjustment NW., Washington DC, and at the New road Co., being unable to transport traf­ Assistance; Notice of Investigation York City office of the Tariff Commission fic over its car ferry between Milwaukee, located in Room 437 of the Customhouse. Wis., and Muskegon, Mich., because of On the basis of a petition filed under Issued: March 3, 1971. ice conditions in Lake Michigan, that line section 301(a)(2) of the Trade Expan­ and its connections are hereby author­ sion Act of 1962, on behalf of the work­ By order of the Commission. ized to reroute and divert such traffic, ers at the American Bemberg Plant, [ seal] K enneth R . M ason, via any available route, to expedite the Beaunit Fibers, Division of Beaunit Secretary. movement. Corp., Elizabethton, Tenn., the U.S. (b) Concurrence of receiving road to Tariff Commission, on March 1, 1971, in­ [FR Doc.71-3203 Filed 3-5-71;8:51 am] be obtained: The railroad diverting the stituted an investigation under section traffic shall receive the concurrence of 301(c)(2) of the Act to determine [TEA—W—78] the lines over which the traffic is re­ whether, as a result in major part of routed or diverted before the rerouting concessions granted under trade agree­ CARPENTER TECHNOLOGY CORP. or diversion is ordered. ments, articles like or directly competi­ (c) Notification to shippers: Each car­ tive with the cuprammonium rayon con­ Workers’ Petition for Determination of rier rerouting cars in accordance with tinuous yarn produced at the plant are Eligibility To Apply for Adjustment this order shall notify each shipper at the being imported into the United States Assistance; Notice of Investigation time each car is rerouted or diverted in such increased quantities as to cause, On the basis of a petition filed under and shall furnish to such shipper the new or threaten to cause, the unemployment section 301 (a) (2) of the Trade Expansion routing provided under this order. or underemployment of a significant Act of 1962, on behalf of the production, (d) Inasmuch as the diversion or re­ number or proportion of the workers of maintenance, and salaried workers at the routing of traffic by said Agent is deemed such plant. Carpenter Technology Corp. plant, steel to be due to carrier’s disability, the rates The petitioner has not requested a division, in North Brunswick, N.J., the applicable to traffic diverted or rerouted public hearing. A hearing will be held on U.S. Tariff Commission, on March 1,1971, by said Agent shall be the rates which request of any other party showing a instituted an investigation under section were applicable at the time of shipment proper interest in the subject matter of 301 (c) (2) of the Act to determine wheth­ on the shipments as originally routed. the investigation, provided such request er, as a result in major part of conces­ (e) In executing the directions of the is filed within 10 days after publication sions granted under trade agreements Commission and of such Agent provided of the notice in the F ederal R egister. articles like or directly competitive with for in this order, the common carriers in­ The petition filed in this case is avail­ the stainless steel wire produced at the volved shall proceed even though no con­ able for inspection at the Office of the plant are being imported into the United tracts, agreements, or arrangements now Secretary, U.S. Tariff Commission, States in such increased quantities as exist between them with reference to the Eighth and E Streets NW., Washington, to cause, or threaten to cause, the un­ divisions of the rates of transportation DC. and at the New York City office of employment or underemployment of a applicable to said traffic; divisions shall the Tariff Commission located in room significant number or proportion of its be, during the time this order remains 437 of the Customhouse. workers. in force, those voluntarily agreed upon by and between said carriers; or upon Issued: March 3, 1971. The petitioner has not requested a public hearing. A hearing will be held on failure of the carriers to so agree, said By order of the Commission. request of any other party showing a divisions shall be those hereafter fixed proper interest in the subject matter, of by the Commission in accordance with [seal] K enneth R. M ason, pertinent authority conferred upon it by Secretary. the investigation, provided such request is filed within 10 days after publication the Interstate Commerce Act. [PR Doc.71-3205 Filed 3-5-71:8:51 am] of the notice in the F ederal R egister. (f) Effective date: This order shall become effective at 3 p.m., March 1,1971. The petition filed in this case is avail­ (g) Expiration date: This order shall [TEA—F—19] able for inspection at the Office of the Secretary, U.S. Tariff Commission, expire at 11:59 p.m., March 15, 1971, BEL-TRONICS CORP. Eighth and E Streets NW., Washington, unless otherwise modified, changed, or suspended. Petition for Determination of Eligibil­ DC, and at the New York City office of It is further ordered, That this order ity To Apply for Adjustment Assist- the Tariff Commission located in room shall be served upon the Association of Qnce; Notice of Investigation 437 of the Customhouse. American Railroads, Car Service Divi­ Investigation instituted. Upon petition Issued: March 3,1971. sion, as agent of all railroads subscribing to the car service and per diem agreement jnaer section 301(a)(2) of the Trade By order of the Commission. expansion Act of 1962, filed by Bel- under the terms of that agreement, and iTomcs Corp., Addison, 111., the U.S. [ seal] K enneth R . M ason, upon the American Short Line Railroad Association; and that it be filed with the slif + Commission, on March 1,1971, in­ Secretary. Director, Office of the Federal Register. stituted an investigation under section [FR Doc.71-3204 Filed 3-5-71;8:51 am] ** °i the said Act to determine Issued at Washington, D.C., March 1, one - er’ as a result in major part of con- 1971. ssions granted under trade agreements, I nterstate Commerce cnii es or directly competitive with INTERSTATE COMMERCE C ommission, bv antennae of the type produced [seal] R. D. P fahler, im n i aforementioned firm, are being COMMISSION Agent. iIlf£?rte serious injury to such GRAND TRUNK WESTERN RAILROAD CO. [Rev. S.O. 994; ICO Order 53] dukm ^ Petitioner has not requested a reoniff earing* A bearing will be held on Rerouting or Diversion of Traffic ST. LOUIS-SAN FRANCISCO RAILWAY CO. DrnnISt • any other party showing a In the opinion of R. D. Pfahler, agent, the irf Ini?res.t in the subject matter of Rerouting or Diversion of Traffic isfii^Ves“ gation> Provided such request the Grand Trunk Western Railroad Co. PuhhvL ^thin 10 days after the notice is is unable to transport traffic over its car In the opinion of R. D. Pfahler, agent, shed in the F ederal R egister. ferry between Milwaukee, Wis., and Mus- The St. Louis-San Francisco Railway

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 4528 NOTICES.

Co. is unable to transport traffic over its [Notice 255] pervisor, Bureau of Operations, Inter­ line between East Aberdeen, Miss.,-and MOTOR CARRIER TEMPORARY state Commerce Commission, 428 East Aberdeen, Miss., because of high water. State Street, Room 204, Trenton, NJ It is ordered, That: AUTHORITY APPLICATIONS 08608. (a) The St. Louis-San Francisco Rail­ M arch 2, 1971. way Co., being unable to transport traffic No. MC 114284 (Sub-No. 47 TA), filed 17ie following are notices of filing of February 24, 1971. Applicant: FOX- over its line between East Aberdeen, applications for temporary authority Miss., and Aberdeen, Miss., because of SMYTHE TRANSPORTATION CO. under section 210a (a) of the Interstate (Oklahoma Corporation), Post Office Box high water, that line is hereby authorized Commerce Act provided for under the to reroute and divert such traffic via any 82307, Stockyard Station, 1700 South new rules of Ex Parte No. MC-67 (49 Portland Avenue, Oklahoma City, OK available route, to expedite the move­ CFR Part 1131), published in the F ed­ 73108. Applicant’s representative: Carl ment. eral R egister, issue of April 27, 1965, ef­ Smythe (same address as above). Au­ (b) Concurrence of receiving road to fective July 1, 1965. These rules provide thority sought to operate as a common be obtained: The railroad diverting the that protests to the granting of an appli­ carrier, by motor vehicle, over irregular traffic shall receive the concurrence of cation must be filed with the field official routes, transporting: Chocolate and the lines over which the the traffic i§ re­ named in the Federal R egister publica­ chocolate candies, 'candies and confec­ routed or diverted before the rerouting tion, within 15 calendar days after the tionery products, when moving with or diversion is ordered. date of notice of the filing of the applica­ chocolate candies; from the plantsite (c) Notification to shippers: Each car­ tion is published in the F ederal R egister. and warehouse facilities of Bunte Can­ rier rerouting cars in accordance with One copy of such protests must be served dies, Inc., Oklahoma City, Okla., to points this order shall notify each shipper at on the applicant, or its authorized repre­ in New Mexico and Arizona, and points the time each car is rerouted or diverted sentative, if any, and the protests must in El Paso and Hudspeth Counties, Tex, and shall furnish to such shipper the new certify that such service has been made. and to points in that part of Texas on routing provided under this order. The protests must be specific as to the and north of a line beginning at the (d) Inasmuch as the diversion or re­ service which such protestant can and junction of U.S. Highway 80 and the east routing of traffic by said agent is deemed will offer, and must consist of a signed boundary of Hudspeth County, and ex­ to be due to carrier’s disability, the rates original and six copies. tending along U.S. Highway 80 to junc­ applicable to traffic diverted or rerouted tion U.S. Highway 83, and thence on and by said agent shall be the rates which A copy of the application is on file, and can be examined at the Office of the west of U.S. Highway 83 to its junction were applicable at the time of shipment with the Red River, approximately 8 on the shipments as originally routed. Secretary, Interstate Commerce Com­ mission, Washington, D.C., and also in miles north of Childress, Tex., and thence (e) In executing the directions of the along the north bank of the Red River of Commission and of such agent provided field office to which protests are to be transmitted. the Texas-Oklahoma State line with no for in this order, the common carriers transportation for compensation on re­ involved shall proceed even though no M otor Carriers of P roperty turn, except as otherwise authorized, for contracts, agreements, or arrangements No. MC 30374 (Sub-No. 18 T A ), filed 180 days. Supporting shipper: Bunte now exist between them with reference February 24, 1971. Applicant: TRI­ Candies, Inc., Oscar Widmer, Special to the divisions of the rates of transpor­ STATE TRANSPORTATION CO., INC., Representative, 129 vEast California, tation applicable to said traffic; divisions 44 North West Avenue (Rear), Post Of­ Oklahoma City, OK 73104. Send protests shall be, during the time this order re- fice Box L, Vineland, NJ 08360. Appli­ to: C. L. Phillips, District Supervisor, In­ mains4n force, those voluntarily agreed cant’s representative: A. David Millner, terstate Commerce Commission, Bureau upon by and between said carriers; or 744 Broad Street, Newark, NJ 07102. Au­ of Operations, Room 240, Old Post Office upon failure of the carriers to so agree, thority sought, to operate as a com m on, Building, 215 Northwest Third, Okla­ said divisions shall be those hereafter carrier, by motor vehicle, over irregular homa City, OK 73102. fixed by the Commission in accordance routeil, transporting: (1) Clothing, in No. MC 116073 (Sub-No. 157 TA), with pertinent authority conferred upon containers and on hangers; (2) mate­ it by the Interstate Commerce Act. filed February 24,1971. Applicant: BAR­ rials and supplies (other than in bulk) RETT MOBILE HOME TRANSPORT, (f) Effective date: This order shall used in the manufacture of clothing; and become effective at 4 p.m., February 26, INC., 1825 Main Avenue, Post Office Box (3) department store merchandise when 919, Moorhead, MN 56560. Applicants 1971. moving in the same vehicle with clothing (g) Expiration date: This order shall representative: Robert G. Tessar, Post on hangers, between New York, N.Y., Office Box 919, Moorhead, MN 56560. Au­ expire at 11:59 p.m., March 15, 1971, Secaucus, N.J., and Philadelphia, Pa., on unless otherwise modified, changed, or thority sought to operate as a common the one hand, and, on the other, Balti­ carrier, by motor vehicle, over irregular suspended. more, Laurel, and Frederick, Md.; Wash­ It is further ordered, That this order routes, transporting: Buildings, building ington, D.C.; Manassas, Va.; and points sections, building panels, parts and ma­ shall be served upon the Association of within 10 miles of Baltimore, Md., and American Railroads, Car Service Divi­ terials, from the plantsite and warehouse Washington, D.C. Note: Applicant seeks sion, as agent of all railroads subscrib­ facilities of Frank Paxton Lumber Co., authority to tack this authority with its in Des Moines, Iowa, to points in Min* ing to the car service and per diem agree­ authorized operations in MC 30374 and ment under the terms of that agreement, nesota, Wisconsin, Illinois, Missouri, to join, interline and interchange with Kansas, Nebraska, and South Dakota, h> and upon the American Short Line Rail­ Cargo Distribution Corp. (MC 59868), road Association; and that it be filed with 180 days. Supporting shipper: Frans Bradley’s Express, Inc. (MC 85130), and Paxton Lumber Co., 205 Southwest litn the Director, Office of the Federal R. B. Colby Co., Inc. (MC 99121, Sub 2) Register. Street, Des Moines, IA. Send protes in through operations, for 180 days. Sup­ to: J. H. Ambs, District Supervisor, in­ Issued at Washington, D.C., Febru­ porting shippers: There are approxi­ terstate Commerce Commission, Burea ary 26, 1971. mately 15 statements of support attached o f Operations, Post Office Box < to the application, which may be exam­ Fargo, ND 58102. I nterstate Commerce ined here at the Interstate Commerce Commission, Commission in Washington, D.C., or cop­ No. MC 11647 (Sub-No. 8 TA), filed [ seal] R. D. P fahler, ies thereof which may be examined at February 24, 1971. Applicant: Agent. the field office named below. Send pro­ VEGAS TANK LINES, INC., doing busi­ [PR Doc.71-3181 Filed 3-5-71;8:49 am] tests to: Raymond T. Jones, District Su­ ness as LAS VEGAS TRUCK LINE, 19«

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 NOTICES 4529

South Industrial Avenue, Post Office ing shipper: James H. Edler, Distribu­ Success, NY 11040. Authority sought to Box 15295 (89114), Las Vegas, NV 89102. tion Research Manager, American operate as a contract carrier, by motor Applicant’s representative: Ron Davis, Greetings Corp., 10500 American Road, vehicle, over irregular routes, transport­ 841 Folger Avenue, Berkeley, CA 94710. Cleveland, OH 44144. Send protests to: ing: Commercial papers, documents, and Authority sought to operate as a common Wayne L. Merilatt, District Supervisor, written instruments (except currency, carrier, by motor vehicle, over regular Interstate Commerce Commission, coins, bullion, and negotiable instru­ routes, transporting: General commod­ Bureau of Operations, 426 Post Office ments), as are used in the business of ities, except commodities in bulk, used Building, Louisville, K Y 40202. banks and banking institutions; (1) be­ household goods as descrbed in 17 M.C.C, No. MC 127304 (Sub-No? 9 TA), filed tween Dallas, Fort Worth, and Wichita i67, and classes A and B explosives, to, February 24, 1971. Applicant: CLEAR Falls, Tex., on the one hand, and, on the from and between Las Vegas, Nev., on WATER TRUCK COMPANY, INC., 9101 other, points in Oklahoma; and (2) be­ the one hand, and, on the other hand, Northwest Street, Valley Center, KS tween Dallas and Fort Worth, Tex., on points in Arizona on the routes described 67147. Applicant’s representative: G. L. the one hand, and, on the other, points in below as follows: Prom Las Vegas, Nev., Larsep, 521 South 14th Street, Post O f­ Oklahoma. Restricted to shipments hav­ over U.S. Highway 93 to Henderson, fice Box 80806, Lincoln, NE 68501. Au­ ing prior or subsequent movement by thence over U.S. Highway 95 to its junc­ thority sought to operate as a contract air, for 180 days. Supporting shippers: tion with Nevada Highway 77,- thence carrier, by motor vehicle, over irregular First National Bank of Fort Worth, Fort over Nevada State Highway 77 (Arizona routes, transporting: Meats, meat prod­ Worth, Tex., 76101; Southwestern States Highway 68), to its junction with un­ ucts, meat byproducts, and articles dis­ Bankcard Association (E. E. Churchill, numbered county road approximately 4 tributed by meat packinghouses (except Vice President),.Post Office Box 31366, miles north of Bullhead City, Ariz., then acids and chemicals, and oils in bulk), Dallas, T X 75231. Send protests to: C. L. over unnumbered comity road to Bull­ from Wichita, Kans., to points in Con­ Phillips, District Supervisor, Interstate head City, Ariz., thence southerly over necticut, Delaware, District of Colum­ Commerce Commission, .Bureau of Op­ unnumbered county road by way of Riv­ bia, Maine, Maryland, Massachusetts, erations, Room 240, Old Post Office iera and Mohave Indian Reservation to Michigan, New Hampshire, New Jersey, Building, 215 Northwest Third, Okla­ its junction with U.S. Highway 66 at a New York, Ohio, Pennsylvania, and homa City, OK 73102. point approximately 3 miles north of Rhode Island, under continuing contract No. MC 133737 (Sub-No. 6 T A ), filed Needles, Calif.; and service to, from and with Kansas Beef Industries, Inc., for between all off-route points in Mohave February 24, 1971. Applicant: ROBERT 180 days. Supporting shipper: Kansas County, Ariz,, situated south of unnum­ CRAWFORD, doing business as CRAW­ Beef Industries, Inc., 900 East 21st bered county road between Bullhead City FORD TRUCKING COMPANY, 8998 L Street, Wichita, KS 67214. Send pro­ Street, Suite 231, Omaha, NE 68127. Ap­ and Oatman, and west of unnumbered tests to: M. E. Taylor, District Super­ county road approximately 4 miles north plicant’s representative: DonaldL.Stern, visor, Interstate Commerce Commission, of Topock, Ariz., any and all highways Suite 530, Univac Building, 7100 West Bureau of Operations, 501 Petroleum Center Road, Omaha, NE 68106. Author­ api roads between the area described Building, Wichita, KS 67202.. above may be used for operating con­ ity sought to operate as a contract car­ rier, by motor vehicle, over irregular venience only. Note: Applicant intends No. MC 128007 (Sub-No. 31 TA), filed routes, transporting: Motorcycles, mo­ to tack the authority here applied for February 24, 1971. Applicant: HOFER, with its authority in M C-116427 and subs INC., Post Office Box 583, 4032 Parkview torcycle parts and accessories, and motorcyclist’s accessories, from points in thereunder and will interline with Asso­ Drive, Pittsburg, KS 66762. Applicant’s ciated Freight Lines, MC-57254, at Los representative: John E. Jandera, 641 California to Omaha, and Bellevue, Angeles, Calif., for 180 days. Supporting Harrison, Topeka, KS. Authority sought Nebr., and Council Bluffs, Iowa, for 150 shippers: There are approximately 23 to operate as a common carrier, by days. Supporting shippers: Ramer Mo­ statements of support attached to the motor vehicle, over irregular routes, tors, Inc., 2701 Leavenworth Street, Wcalioh; which may be examined here transporting: Magnesite calcined, from Omaha, NE; Bellevue Honda, Inc., 213 West Mission Street, Bellevue, NE; Peo­ i w ^terstate Commerce Commission Freeport, Tex., to Eagle Grove, Iowa; w Washington, D.C., or copies thereof Muncie, Kans., Fremont, Nebr., and ples Motor, Inc., 17 North Second Street, which may be examined at the field of- Enid, Okla., for 180 days. Supporting Council Bluffs, IA. Send protests to: ncenamed below. Send protests to: Dan- shipper: Farmland Industries; Inc., Carroll Russell, District Supervisor, In­ terstate Commerce Commission, Bureau . "JJSUstine, District Supervisor, Bureau Post Office Box 7305, Kansas City, MO of Operations, 705 Federal Office Build­ Operations, Interstate Commerce 64116. Send protests to: M. E. Taylor, ing, Omaha, NE 68102. MrT®ion’ 203 Federal Building, 705 District Supervisor, Interstate Com­ S i PlaZa Street* Carson City, NV merce Commission, Bureau of Opera­ No. MC 135340 TA, filed February 24, tions, 501 Petroleum Building, Wichita, 1971. Applicant: C. A. WALKER TRUCK KS 67202. LINES, INC., 1518 North Santa Fe Ave­ Mc 126537 (Sub-No. 25 TA ), filed No. MC 128575 (Sub-No. 3 T A ), filed nue, Chillicothe, IL 61532. Applicant’s 23, 1971- Applicant: KENT I. representative: Robert T. Lawley, 306- S ® » KENNETH E. TURNER, AND February 23, 1971. Applicant: GOLDEN 308 Reisch Building, Springfield, IL dninwK k- TURNER, a partnership, WEST TRUCKING CO., 12780 South­ west Prince Albert Street, Tigard, OR 62701. Authority sought to operate as a mr J ^ mess as TURNER EXPEDIT- common carrier, by motor vehicle, over S ^ ^ ERVICE, Post Office Box 21333, 97223. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Anhy­ Armn 0id Pield> Louisville, K Y 40221. drous ammonia, in bulk, from Henry, lpH o n;’s representative: George Cat- irregular routes, transporting: Lumber, from points in Cowlitz, Clark, Skamania, 111., to points in Indiana and Michigan, FraiitfJi6 703, 706 McClure Building, for 180 days. Supporting shipper: W. R. to om w ’ KY 4°601. Authority sought Klickitat Counties, Wash., to Portland, Oreg., for 180 days. Supporting shipper: Grace & Co., 100 North Main Street, motor u - as a common carrier, by Post Office Box 277, Memphis, TN 38101. traoc^l- lcle’ over irregular routes, Timber Structures, Inc., 3400 Northwest ^ p o r tin g ; Greeting cards, and re- Yeon Avenue, Post Office Box 3782, Port­ Send protests to : Raymond E. Mauk, Dis­ trict Supervisor, Interstate Commerce AmerirnX (1) between the plantsite of land, OR 97208. Send protests to: Dis­ trict-Supervisor A. E. Odoms, Bureau of Commission, Bureau of Operations, Ev­ Kv rma£ Greetings Corp. near Danville, erett McKinley Dirksen Building, 219 Cle';fiJ i eanehand- and, on the other, Operations, Interstate Commerce Com­ mission, 450 Multnomah Building, Port­ South Dearborn Street, Room 1086, Chi­ site of ?’ ° hl0’ and (2> from the plant- cago, IL 60604. banviiio 1Serican Greetings Corp. near land, OR 97204. Newv^i, Philadelphia, Pa., and No. MC 129442 (Sub-No. 2 TA), filed No. MC 135342 TA, filed February 23, 5 N Y - for 180 days. Note: A p- February 24, 1971. Applican: OKLA­ 1971. Applicant: BLAINE L. PARK AND °f invoivi!?^0ses t° interline shipments HOMA ARMORED CAR, INC., 1005 REED N. PARK, a partnership, doing Phii„ j .Ved traffic with other carriers at Southwest Second Street, Oklahoma City, business as PARK BROS. TRUCKING, it do e Phia> Pa., and New York, N.Y., OK 73125. Applicant’s representative: Post Office Box 112, Terreton, ID 83450. es not intend any tacking. Support­ John M. Delany, 2 Nevada Drive, Lake Applicant’s representative: J. F. Meglen,

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 No. 45------;10 4530 NOTICESi

Post Office Box 1581, Billings, M T 59103. merce Act, and rules and regulations one hand, and, on the other, points in Authority sought to operate as a contract prescribed thereunder (49 CFR Part Connecticut, New Jersey, New York, ; carrier, by motor vehicle, over irregular 1132), appear below: Rhode island, and Vermont. Arthur routes, transporting: Milk supplement, As provided in the Commission’s spe­ Stein, 85 East Street, Pittsfield, MA in bags, from Rogers, Minn., to points cial rules of practice any interested per­ 01201, attorney for applicants. in California, Idaho, Montana, Oregon, son may file a petition seeking recon­ No. MC-FC-72643. By order of Febru­ Utah, Washington, and Wyoming, for sideration of the following numbered ary 9, 1971, the Motor Carrier Board 180 days. Note: Applicant does not in­ proceedings within 20 days from the date approved the transfer to California tend to interline with other carriers, has of publication of this notice. Pursuant to Delivery Service, a corporation, Los no authority, therefore, will not tack. section 17(8) of the Interstate Commerce Angeles, Calif., of the certificate of regis­ Supporting shipper: K & K Manufactur­ Act, the filing of such a petition will tration in No. MC-99578 (Sub-No. 1) ing, Inc., Rogers, Minn. 55374. Send pro­ postpone the effective date of the order issued August 22, 1967, to William J. tests to: C. W. Campbell, District Super­ in that proceeding pending its disposi­ Bowman, doing business as California visor, Interstate Commerce Commission, tion. The matters relied upon by peti­ Delivery Service, Vernon, Calif., evidenc­ Bureau of Operations, 455 Federal Build­ tioners must be specified in their peti­ ing a right to engage in operations in ing and U.S. Courthouse, 550 West Fort tions with particularity. interstate or foreign commerce corre­ Street, Boise, ID 83702. No. MC-FC-72542. By order'of Feb­ sponding in scope to the grant of au­ No. MC 135341 TA, filed February 24, ruary 9, 1971, the Motor Carrier Board thority in the certificate granted in 197L Applicant: MAGOG EXPRESS, approved the transfer to Alphie J. Bous- Decision No. 51718, dated July 18, 1955, INC., Route 2, Post Office Box 265, Magog ley, Armstrong Creek, Wis., of permits as amended, transferred by Decision No. (Stanstead County), PQ, Canada. Appli­ No. MC-124309 and MC-124309 (Sub-No. 70673, dated May 10, 1966, by the Public cant’s representative: Frank J. Weiner, 2), issued May 15, 1962, and Septem­ Utilities Commission of California. 6 Beacon Street, Boston, MA 02108. ber 28, 1970, respectively, to Alphie F. George W. Burch, Jr., Suite 1023, Sub­ Authority sought to operate as a con­ Bousley, Armstrong Creek, Wis., authoriz­ way Terminal Building, 417. South Hill tract carrier, by motor vehicle, over ir­ ing the transportation of: Finished and Street, Los Angeles, CA 90013, attorney regular routes, transporting: Magazines unfinished lumber, lumber and veneer, for applicants. and periodicals, from ports of entry on from Goodman, and Mellen, Wis., and No. MC-FC-72655. By order of Febru­ the international boundary line between points in the Upper Peninsula of Michi­ ary 10, 1971, the Motor Carrier Board the United States and Canada located gan, as specified, to points in Georgia, approved the transfer to Auto Club at or near Derby Line and Highgate Illinois, Indiana, Iowa, Kentucky, Mich­ Services, Inc., Minneapolis, Minn., of the Springs, Vt., to Springfield, Mass., and igan, Minnesota, North Carolina, Ohio, operating rights in License No. MC-12960 Bridgeport, Conn.: pallets, from the and Wisconsin. William C. Dineen, 710 issued April 20, 1966 to Zephyr Tours, above-described destination points to the North Plankinton Avenue, Milwaukee, Inc., Minneapolis, Minn., authorizing above-described origin points. Restric­ WI 53203, attorney for applicants. the transportation of passengers ana tion to the transportation of shipments No. MC-FC-72587. By order of Febru­ their baggage, in special and charter originating at or near points in Stan­ ary 9, 1971, the Motor Carrier Board operations beginning and ending at stead County, Quebec, Canada. Said op­ approved the transfer to Ottawa Bus points in Minnesota, and extending to erations are limited to a transportation Service, Inc., Ottawa, Kans., of the points in the United States, including service to be performed, under a con­ operating rights in certificate No. MC- Alaska, but excluding Hawaii. Martin

FEDERAL REGISTER, VOL. 36, NO. 45— SATURDAY, MARCH 6, 1971 FEDERAL REGISTER 4531 CUMULATIVE LISTS OF PARTS AFFECTED— MARCH

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

Page 3 CFR 7 CFR Page 17 CFR Page Proclamation: P roposed R ules—Continued 231— ------,------4483 4032______------4111 1078__------3909 241------4483 4033 ...... —. ------4463 1079______3909 P roposed R ules: 4034______4465 1090------3909 150------4408 Executive O r d e r : 1094—______;____ 3909 230------^______4070 1096— ______3909 11584— ______4365 249------4070 11585...... ______4467 1097 ______3909 274_------4070 1098 _ 3909 5 CFR 1099 ______3909 1101 ______3909 1 8 CFR 213______3881, 3882, 4292, 4471 1102 ______3909 101------4386 316______1103 --- 3909 105------3960 1104 ------3909 141------3964 7 CFR 1106______3909 201------3960 301 _ ------3882, 4471 1108______3909 730______1120______3909 1 9 CFR 780______1121_____ 3909 1124______3909 10------4484 811______18------4485 842___ 1125— ______3909 1126 ___ 3909 21------4490 862_____ 25------4490 905____ 1127 ------3909 1128 ___ 3909 114------4490 907____ 123—------4490 908. _ 1129 ______3909 Proposed R ules: 910. _ 1130 ------3909 912— 1131 ------3909 22------4046 913. 1132 ______3909 914. 1133 ______3909 2 0 CFR 980.. 1134 ______3909 P roposed R ules: 1136______3909 1065... 410------4340 1472.. 1137—______3909 1138______3909 Proposed Rules : 21 CFR 916— _____ 4055 9 CFR 46______3965 917- . _____ 4056 141______4379 981______4295 76------3890, 3891, 4367, 4368, 4478 145______4379 991______4060 146a______4260 1000 - _____ 3909 10 CFR 148c______4260 1001 . 3909, 4408 35------4368 148t______4491 1002. _____ 3909 148w______4375 1004. ____ 3909 12 CFR 149b— ______4261 1006. ____ 3909 420______3965 1007, 18------4478 _____ 3909 P roposed R ules: 1011. 226------4113 ____ 3909 335_------3959 16______4060 1012. ____ 3909 1013. — 3909 1015. 14 CFR 24 CFR ____ 3909 io______1030. ____ 3909 39------3891, 4369, 4478-4479 4291 1032- 1914— ____ 4492 ____ 3909 71------3892, 4043, 4370-4375, 4479-4480 1915— ____ 1033. ____ 3909 73—------4114 4493 1036. . 3909, 4297 75------4043, 4044, 4373 P roposed R ules: 1040, ------3909 95_------4481 81—______4427 1043. ____ 3909 97------1------4482 1044. ____ 3909 207— ______3893 25 CFR 1046, — 3909 389------— — 4115 P roposed R ules: 1049. — 3909 P roposed R ules: 221______4054 1050- ____ 3909 1060. 71------3926, ------3909 26 CFR 1061., ------3909 3927, 4424-4426, 4508, 4509,' 4510 48------_— 4------3893 1062. — 3909 73------3927 1063. 75------4298, 4299, 4510 154------A------3894 ____ 3909 245------.*------4115 1064. 3909, 4415 302______3928 1065.. ____ 3909 P roposed R ules: 1068.. ____ 3909 1069 ______15 CFR 1------3899, 4387, 4388 ____ 3909 194------4048, 4393 1070 ______368------4375 1071 ______3909 196 ------4048, 4393 ------3909 371------4375 197 ------4048, 4393 1073 ____ 3909 373------4376 201------4048, 4393 1075. ____ 3909 376------4376 1076.. 240------4393 ____ 3909 386------4376 245_------4048, 4393, 4398 4532 FEDERAL REGISTER

29 CFR Pag° 42 CFR Page 47 CFR— Continued i______4045 4______— _____ 3894 73_____J______3966, 4284,4503 5 ______4045 P roposed R u l e s : 97------—:------—------4264 P roposed R u l e s : 30 CFR 37 4420 55 4421 1------— ------3902 P roposed R u l e s: 25------4062 75______i 4406 43 CFR 73______3902, 4062, 4064, 4068,4511 90______3900 74------4068 P ublic L and O rders: 97______4069,4511 33 CFR 725 (revoked in part by PLO 49 CFR 117______. 4381 5026)______4378 4983 (corrected by PLO 5027) _ 4379 P roposed R u l e s : 9----- :______4290 5024 ______:__ 4378 571------4290,4291 5025 ______4378 117_____'____ 4298 1033____ 3896, 3897, 3968, 3969,4385,4504 5026 ______4378 36 CFR 5027 ______4379 1048______4505 311_____ 4494 5028 ______4498 P roposed R u l e s: 38 CFR 571______3928 45 CFR 574______„ -4061 6 4382 ______70______— 1056______4072 8______4382 ______4498 1307—______4072 39 CFR 46 CFR 50 CFR Ch I ______4117 201______^______4377 528______■______' 4292 28______3898 41 CFR 542______4293 280___ 4505 l-5 ______3971 P r o p o s e d R u l e s : 351______3970 5A-14______4259 Ch. II—______4420 P roposed R u l e s : 6-1______4377 18-5______3972 230— ______3925 18-6______3980 47 CFR 253______4506 18-7______3988 2------4264, 4500 254______4506 101-47__ *______3894 73______3966, 4284, 4503 401___ !______4506

LIST OF FEDERAL REGISTER PAGES AND DATES— MARCH

Pages Date 3875-3953 March 2 3955-4106 3 4107-4357 4 4359-4456 5 4457-453Ì 6

know UNITED STATES GOVERNMENT ORGANIZATION you r MANUAL -1970/71

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UNITED STATES GOVERNMENT ORGANIZATION MANUAL

1 9 7 0 / 7 1 presents essential information about Government agencies (up­ dated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about the U.S. Govern­ ment. The United States Government Organization Manual is the official guide to the functions of the Federal Government, published by the Office of the Federal Register, GSA.

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