TUESDAY, FEBRUARY 15, 1972 WASHINGTON, D.C.

Volume 37 ■ Number 31

Pages 3343-3401

HIGHLIGHTS OF THIS ISSUE

This listing does not affect the legal status of any document published in this issue. Detailed table of contents appears inside.

SALARY STABILIZATION— Pay Board regulations on executive and variable compensation; effective 11-14-71 ...... 3357

AGRICULTURAL STABILIZATION AND CONSER­ VATION-— USDA amendments to rules for local committee elections; effective 2 -15-72...... 3349

NATIONAL PARKS— Interior Dept, revision of rules for the fee program; effective 2 -1 5 -7 2 3350

VETERANS’ LIFE INSURANCE— VA amendment setting up a dividend deposit or credit option; effective 2 -8 -7 2 ______3352

COPPER COMPOUND PESTICIDES— EPA amendment exempting certain copper solutions from the tolerance requirement; ef­ fective 2-15-72...... 3352 FDA proposed tolerance for copper solutions used in potable water; comments within 30 days ------3366

TOBACCO INSPECTION AND PRICE SUPPORT— USDA proposed revision of rules governing the extension of services to new markets and ad­ ditional sales...... 3362

TOMATOES FOR CANNING— USDA proposed revision of standards; comments by 11-30-72.... 3363

ENVIRONMENTAL IMPACT— Environmental Quality Council listing of information on state­ ments received by various Federal agencies...... 3377

(Continued inside) 30-year Reference Volumes

Consolidated Indexes and Tables

Presidential Proclamations and Executive Orders

Consolidated subject indexes and tabular finding aids to Presidential proclamations, Executive orders, and certain other Presidential documents promulgated during a 30-year period (1936-1965) are now available in two separately bound volumes, published under Title 3 of the Code of Federal Regulations, priced as follows:

Title 3, 1936-1965 Consolidated Indexes______$3. 50

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Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402

Washington, D.C. 20402. navable The F ederal Register will be furnished by mall to subscribers, free of postage, for $2.50 per month or $25 per year, p J or advance. The charge for Individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. DUrsuant The regulatory material appearing herein is keyed to the Code op F ederal Regulations, which is published, under 50 to section 11 of the Federal Register Act, as amended (44 TJ.S.C. 1510). The Code op Federal Regulations is sold by the Supen of Documents. Prices of new books are listed in the first F ederal Register issue of each month. ttt.a t io n s . There are no restrictions on the republication of material appearing in the Federal Register or the Code op Federal Regul HIGHLIGHTS— Continued

TV FAIRNESS DOCTRINE— NEW ANIMAL DRUG— FDA notice of an eye and FCC notice to solicit views on guidelines for ear ointment deemed adulterated...... 3375 editorial advertising; comments by 3 -3 -7 2 ___ 3383 FCC time extension to 2-2 3-7 2 for comments TV PROGRAM IDENTIFICATION— FCC order re­ on broadcast access as a result of product laxing enforcement of pattern transmission advertising ...... 3383 standards ...... 3388 TV PRIME TIME ACCESS— ECONOMIC POLICY— Federal Open Market FCC rule waiver to allow the presentation of and Moff-network” program...... 3386 Committee notice of its directives and record of FCC rule waiver to permit winter Olympic cover­ actions of 11-16-71, 12-14-71, and 12- age in Salt Lake City...... 3387 23-71 ...... 3392, 3393

Contents

AGRICULTURE DEPARTMENT COMMODITY CREDIT Proposed Rule Making Environmental impact state­ See also Commodity Credit Corpo­ CORPORATION ments; procedures for prepara­ ration; Consumer and Market­ Notices ing Service; Rural Electrifica­ tion; correction______3367 Louisiana, Michigan, Utah, and tion Administration. Wyoming; designation of emer­ ENVIRONMENTAL QUALITY Rules and Regulations gency areas for purposes of live­ COUNCIL stock feed program______3368 Agricultural stabilization an d ' Notices conservation committees; selec­ Environmental impact state­ tion and eligibility require­ CONSUMER AND MARKETING ments; public availability.._____ 3377 ments ______3349 SERVICE Notices Rules and Regulations FEDERAL AVIATION Blackfeet Indian tribe in Mon­ Dried prunes produced in Cali­ ADMINISTRATION tana; feed grain donations..___ 3368 fornia; handling; correction___ 3349 Proposed Rule Making Rules and Regulations Transition area; alteration______3349 ATOMIC ENERGY COMMISSION Grapefruit grown in Arizona and Notices certain parts of California; sus­ Proposed Rule Making pension ______3366 Transition area; designation____ 3367 Metropolitan Edison Co. and Jer­ Tobacco; extension of inspection sey Central Power & Light Co.; and price support services to FEDERAL COMMUNICATIONS amended determination to sus­ new markets and to additional sales on designated markets— 3362 COMMISSION pend certain construction ac­ Tomatoes; standards .for grade Rules and Regulations tivities pending completion of evaluation for processing______3363 environmental review______3376 Domestic public radio services; Notices point-to-point microwave radio Northern State Power Co.; order Egg products; uniform standards service; correction______3354 extending provisional construc­ and origin labeling; correc­ Notices tion permit completion date___ 3377 tion ______3368 Fairness doctrine and public in­ CIVIL SERVICE COMMISSION EMPLOYMENT STANDARDS terest standards: Further notice of inquiry______3383 Rules and Regulations ADMINISTRATION Order extending time______3383 Notices Program identification patterns; Pay administration; allotments memorandum opinion and Extension of expiration dates of and assignments from Federal order------3388 employees______3355 Davis-Bacon area wage deter­ minations; variation from cer­ Hearings, etc.: American Telephone and Tele­ tain labor standards______3396 COAST GUARD graph Co. (2 documents). 3380, 3382 Rules and Regulations Friendly Broadcasting Co------3384 ENVIRONMENTAL PROTECTION Mutual Insurance Company of Port areas; AGENCY O m ah a______3386 twelfth Coast Guard District.. 3350 Rules aiid Regulations New Laurel Radio Station, Inc., et al______3385 COMMERCE DEPARTMENT Exemptions from tolerances for Station KUTV, Salt Lake City, pesticide chemicals in or on raw U t a h ______3387 See Import Programs Office; In­ agricultural commodities; cop­ (Continued on next page) ternational Commerce Bureau. per ______— 3352. 3345 CONTENTS 3346 POSTAL SERVICE FEDERAL INSURANCE IMPORT PROGRAMS OFFICE ADMINISTRATION Notices Rules and Regulations Decisions on applications for duty­ Rules and Regulations Settlements; damage or loss of free entry of scientific articles postal property------— 3352 Insurance coverage and rates; (12 documents)______3371-3375 special definitions; correction— 3350 RURAL ELECTRIFICATION INTERIOR DEPARTMENT FEDERAL POWER ADMINISTRATION See also Land Management Bu­ COMMISSION reau; National Park Service. Notices Notices Notices Brazos Electric Power Coopera­ Sun Oil Co. et al.; applications for Statements of changes in financial tive, Inc.; draft environmental certificates, abandonment of interests: statem ent------3369 service and petitions to amend Hocker, Otis B ------3368 Buckeye Power, Inc.; final envi­ certificates------3390 Remalia, William R ------3368 ronmental statement------3369 FEDERAL RESERVE SYSTEM INTERNATIONAL COMMERCE SECURITIES AND EXCHANGE Notices BUREAU COMMISSION Associated Bank Services, Inc.: Notices Notices Order approving acquisition of b a n k ------— — - — 3391 Roger Bingham Stewart Macna- Hearings, etc.: Order denying acquisition of mara; order denying export Able Associates and Able Re- b a n k ______3391 privileges______3369 tirement Fund------3393 Federal Open Market Committee: Narragansett Electric Co------3393 Continuing authority directive INTERSTATE COMMERCE National Securities Funds.----- 3394 with respect to domestic open COMMISSION Topper Corp______3395 market operations------3392 Current economic policy direc­ Rules and Regulations SMALL BUSINESS tives (2 documents)------3392, 3393 Car service; Burlington Northern Inc. authorized to operate over ADMINISTRATION FOOD AND DRUG tracks of Chicago and North Notices ADMINISTRATION Western Railway Co------3354 Special procedures for tariff filings Assistant Administrator for Ad­ Proposed Rule Making under wage and price stabiliza­ ministration and Operations Copper; tolerance for residues— 3366 tion program; privately owned and Associate Administrator for public utilities______3354 Investment; transfer of func- _ Notices tions and title changes------3396 Fort Dodge Laboratories, Inc.;. Notices Enterprises Now, Inc.; application Nolvapent; drug deemed Fourth section application for for license as minority enter­ adulterated------3375 relief ______3397 prise small business investment Motor carriers: com pany------— ------3395 HEALTH, EDUCATION, AND Temporary authority applica­ Space Coast SBIC, Inc.; issuance WELFARE DEPARTMENT tions ______;— 3397 of small business investment Transfer proceedings______3399 company license------3390 See also Food and Drug Admin­ Washington; declaration of disas- istration. LABOR DEPARTMENT ter loan area------3390 Rules and Regulations See Employment Standards Procurement by formal advertis­ Administration. TARIFF COMMISSION ing; solicitation of bids------3353 Responsible prospective contrac­ LAND MANAGEMENT BUREAU Notices tors; standards for determina­ Closed toe circular hosiery knit­ tion ______— ------— 3353 Notices ting machines and devices; ex­ Nevada; filing of plat of survey tension of time, for filing HOUSING AND URBAN and order providing for open­ written views------— 3 ing "of lands------3368 DEVELOPMENT DEPARTMENT Paper stitchers; dismissal of See also Federal Insurance com plaint______- ...... 3396 Administration. NÁTIONAL PARK SERVICE Notices Rules and Regulations TRANSPORTATION DEPARTMENT Assistant Secretary for Housing Recreation fees; entrance and Management; redelegation and See Coast Guard; Federal Avia­ user fees______3350 delegation of authority with re­ tion Administration. spect to emergency prepared­ ness ------3376 PAY BOARD VETERANS ADMINISTRATION Regional Administrators et al.; Rules and Regulations designation as contracting offi­ Rules and Regulations Stabilization of wages and sal­ cer and redelegation of author­ National service life insurance; ^ ity with respect to major- aries ; executive and variable dividends; how paid------disaster field functions------3376 compensation------3357 CONTENTS 3347 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 sections affected by documents published since January 1, 1972, and specifies how they are affected.

5 CFR 21 CFR 40 CFR 550___ 3355 P roposed R u l e s : 180______3352 121______3366 „ „ 6 CFR P roposed R u l e s : 201______3357 24 CFR 6______3367 1911______3350 7 CFR 41 CFR 7______3349 33 CFR 993...... 3349 3____ 3353 Proposed R u l e s : 3350 ------3353 29.______3362 36 CFR 51-______3363 6------_------3350 4 7 CFR 909______3366 38 CFR 21____ 1____ 3354 14 CFR 8______3352 71...... 3349 49 CFR Proposed R u l e s : 39 CFR 1033______3354 71...... 3367 273______3352 1311______3354

3349 Rules and Regulations

gates to the county convention: Provided, It is to the benefit of the public that Title 7— AGRICULTURE however, That a person may not serve as these amendments be made effective at delegate if he has been a member of the the earliest possible date. Accordingly, Subtitle A— Office of the Secretary of county committee for that county during good cause is found for making the Agriculture the 90 days preceding the community amendments effective less than 30 days [Arndt^ 1] election. Failure to elect the prescribed after publication in the F ederal R e g is ­ number of alternates at the regular elec­ t e r . PART 7— AGRICULTURAL STABILIZA­ tion shall not invalidate such election or Effective date: Publication in the TION AND CONSERVATION COM­ require a special election to elect addi­ F ederal R eg ister (2-15-72). MITTEES tional alternates. * * * * * Signed at Washington, D.C„ on Selection of Committees, and 2. Section 7.13 is amended to provide February 9,1972. Eligibility Requirements that tie votes shall be uniformly settled E arl L . B u t z , Public notice was published in the by lot as follows: Secretary of Agriculture. Federal R egister October 23, 1971, [P R Doc.72-2258 Filed 2-14-72;8:51 am] §7.13 Tie voles. volume 36, No. 206, page 20532, that rule changes were proposed in connection (a) Tie votes in community committee with, method of election, tie votes, eligi­ elections held by mail or polling place Chapter IX— Consumer and Market­ bility to hold office, date committeemen method shall be settled by lot. Tie votes ing Service (Marketing Agreements take office, and the effective period of in such elections held by the meeting and Orders; Fruits, Vegetables, the oath of office. Public comments on method which cannot be settled by fur­ Nuts), Department of Agriculture the» proposed changes were invited ther balloting on the same day shall be through November 25, 1971. No com­ settled by lot. In one-community coun­ PART 993— DRIED PRUNES ments were received opposing or favor­ ties, a tie vote in determining the chair­ PRODUCED IN CALIFORNIA ing the proposed changes. Therefore, man and vice chairman which cannot be pursuant to the authority vested in the settled by further balloting on the same Order Amending the Order, as Secretary of Agriculture by 16 U.S.C. day shall be settled by lot. Amended, Regulating Handling; 590h(b) to prescribe regulations for (b) In the county convention, tie votes Correction county and community committeemen, which cannot be settled by further bal­ the regulations at 7 CFR Part 7, are loting on the same day shall be settled In the order amending the order, as hereby amended as follows: by lot. amended, regulating handling, F.R. Doc. 1. Paragraph (a) of § 7.11 is amended 72-803, appearing at page 861 in the 3. Paragraph (h) of § 7.15 is amended to require mail type elections in all January 20, 1972, issue of the F ederal to provide that5 community committee­ counties unless waived as follows: R eg iste r , the citation in the 16th and men as well as county committeemen are 17th lines of the first paragraph reading § 7.11 Election o f community commit­ not eligible to hold office past age 70 un­ “July 16, 1971 (F.R. Doc. 71-10345; 36 tee and delegates to the county con­ less waived as follows: F.R. 13397),” is deleted. vention. §7.15 County committeemen, commu­ Dated: February 9,1972. (a) Except as provided in paragraph nity committeemen, and delegates. (c) of this section, the eligible voters in R ich ar d E. L y n g , * . * * * * a community shall elect annually a com­ Assistant Secretary. (h) Not have passed his 70th birthday munity committee composed of three [P R Doc.72-2229 Piled 2-14r-72;8:49 am ] members and shall elect first and second by the date his term of office, or new term alternates - to serve as acting members of office, begins unless this provision is of the community committee in the order waived by the State committee. elected in case of the temporary absence ***** Title 14— AERONAUTICS AND of a member, or to become a member of 4. Section 7.18 is changed to provide the community committee in the order elected in case of the resignation, dis­ authority for elected committeemen to SPACE qualification, removal, or death of a take office on the first day of January whether or not it is a work day. The Chapter I— Federal Aviation Adminis­ member. An acting member of the com­ tration, Department of Transportation munity committee shall have the same section is amended to read as follows: duties and the same authority as a mem- § 7.18 County and community commit­ [Airspace Docket No. 71-NW-22] oer. The election shall be conducted by teemen. PART 71— DESIGNATION OF FEDERAL the mail ballot method in all counties, The terms of office of county and com­ oxcept that the Deputy Administrator AIRWAYS, AREA LOW ROUTES, munity committeemen and alternates to CONTROLLED AIRSPACE, AND RE­ may authorize use of the meeting or poll- such office shall begin on a date fixed mg place method in a specific county by the Deputy Administrator which shall PORTING POINTS Vi 5-e su°h is deemed justified. Wherq be after their election and not later than elections are by mail or by polling place, Alteration of Transition Area the first day in the next January. Pro­ rmKK0un^y. committee shall give advance vided, however, That before any such On December 12, 1971, a notice of pro­ puduc notice that nominations may be county committeeman or alternate posed rule making was published in the r ™ , ¡>y Petition. Election shall be by county committeeman may take office he F ederal R e g ister (36 F.R. 24124) stating an<* by plurality vote, with shall sign a pledge that he will faith­ the Federal Aviation Administration was eligible voter having the option of fully, fairly, and honestly perform to the considering an amendment to Part 71 of .nn;ln® ^ the names of candidates of his the Federal Aviation Regulations that p^^boice. Except as provided in para- best of his ability all of the duties de­ , °* this section, the three regu- volving on him as a committeeman. A would alter the Portland, Oreg., transi­ tp. *?f*?bers of the community commit- term of office shall continue until a suc­ tion area. shall be the delegates to the county cessor is elected and qualified as provided Interested persons were given 30 days convention and the first and second in §§ 7.11 and 7.12. in which to submit written comments. No mates to the community committee (Secs. 4, 8, 49 Stat. 164, 1149, as amended; objections to the proposed amendment s all also be in that order alternate dele­ 16 U.S.C. 590d, 590h(b)) were received.

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3350 RULES AND REGULATIONS

In consideration of the foregoing, the Coast Guard in .law enforcement and 40°25'00" N., longitude 124°40'OO" W.; proposed regulation is hereby adopted pollution control. The expansion of th e ' thence to the point of beginning. without change. boundaries of the Captain of the Port, (80 Stat. 383, as amended, 63 Stat. 545, sec. San Francisco together with, the desig­ This ainendment shall 6 (b ), 80 Stat. 937; 5 U.S.C. 552, 14 U.S.C. Effective date. nation of the two Captains of the Port 633, 49 U.S.C. 1655(b); and 49 CFR 1.45 and be effective 0901 G.m.t. 30 March 1972. at Monterey and Humboldt Bay will put 1.46) (Sec. 307(a), Federal Aviation Act of 1958, as all ports and coastal waters of the amended, 49 U.S.C. 1348(a); sec. 6 (c ), D e­ Effective date. This amendment is Twelfth Coast Guard District under the effective on February 16, 1972. partment of Transportation Act, 49 U.S.C. jurisdiction of a designated Captain of 1655(c)) the Port. Dated: February 9, 1972. Issued in Seattle, Wash., on Febru­ Since this is a matter relating to C. R. B ender, ary 3, 1972. agency organization, it is exempted Admiral, U.S. Coast Guard J. H . T a n n e r , from notice of proposed rule making and Commandant, Acting Director. public notice and procedure thereon by 5 U.S.C. 555. [FR Doc.72-2245 Filed 2-14-72;8:50 am] In § 71.181 (37 F.R. 2143), as amended, is further amended as follows; Accordingly, Part 3 is amended by * * * that airspace south of Portland ex­ adding two new §§ 3.60-50 and 3.60-60, tending upward from 10,000 feet MSL, and by revising § 3.60-55 to read as Title 36— PARKS, FORESTS, hounded on the north by the 60-mile circle follows: centered on Portland International Airport, on the east by the west edge of V-165, on the Subpart 3.60— Twelfth Coast Guard AND MEMORIALS south by the north edge of V-121, and on the District Chapter I— National Park Service, west by the east edge of V-23 E. § 3.60—50 Monterey Captain o f the Port. Department of the Interior [FR Doc.72-2205 Filed 2-14r-72;8:47 am] (a) The Monterey Captain of the PART 6— MISCELLANEOUS FEES Port Office is in Monterey, Calif. (b) The Monterey Captain of the Port Recreation Fees; Entrance and User area comprises all the navigable waters Fees Title 24— HOUSING AND of the United States and contiguous land areas within the following boundaries: The Act of July 15, 1968 (82 Stat.‘354) URBAN DEVELOPMENT A line beginning at latitude 37°14'00" as amended by the Act of July 7, 1970 N., longitude 122°39'00" W .; thence to (84 Stat. 410) repealed, as of Decem­ Chapter X— Federal Insurance Ad­ ber 31, 1971, section 2 of the Land and ministration, Department „of Hous­ latitude 37°14'00" N., longitude 121°- 40'00" W.; thence to latitude 35°00'00" Water Conservation Fund Act of 1965 ing and Urban Development N., longitude 120°20'00" W.; thence to (78 Stat. 897, 16 U.S.C. 460L), under which the Golden Eagle fee program [Docket No. R-71-116] the mouth of the Santa Maria River at latitude 34°58'00" N., longitude 120°- was established. SUBCHAPTER B— NATIONAL FLOOD INSURANCE 39'00" W.; thence to latitude 34°58'00" Therefore, pursuant to the authority PROGRAM N„ longitude 120°58'00" W .; thence to contained in the Act of August 31, 1951 PART 1911— INSURANCE COVERAGE latitude 36°40'00" N .,. longitude 122°- (65 Stat. 290; 31 U.S.C. 483a), section 3 of the Act of August 25, 1916 (39 Stat. AND RATES 35'00" W .; thence . to the point of beginning. 535, as amended; 16 U.S.C. 3), and Special Definitions 245 DM1 (34 F.R. 13879) as amended, § 3.60—55 San Francisco Captain o f the § 6.7 of Title 36 of the Code of Federal Correction Port. Regulations is renamed Recreation Pees In F.R. Doc. 72-968, appearing at page (a) The San Francisco Captain of the and is hereby revised as set forth below. 1036, in tiie issue for Saturday, January Port Office is in San Francisco, Calif. The purpose of the revision is to pro­ 22,1972, the word “or” in the last line of (b) The San Francisco Captain of the vide for the National Park Service § 1911.1 should read “of”. Port area comprises all the navigable fee program. No annual . entrance waters of the United States and con­ permit is available under these revised tiguous land areas within the following regulations. boundaries: A line beginning at latitude A ny charges imposed and collected Title 33— NAVIGATION AND 40°00'00" N. on the California coast under § 6.7 shall be covered into a spe­ thence to longitude 123°30'00" W.; cial account in the Land and Water thence to latitude 38°40'00" N., longi­ Conservation Fund and will be avail­ NAVIGABLE WATERS tude 121°25'00" W .; thence to latitude able upon appropriation, to the collect­ 37°40'00" N., longitude 121°10'00" W.; ing agency for any of its authorized ou - Chapter I— Coast Guard, thence to Pescadero Point on the coast door recreation functions. Department of Transportation at latitude 37°14'00" N.; thence to lati­ The fees prescribed herein will con­ SUBCHAPTER A— GENERAL tude 39°00'0a" N., longitude 124°00'06" tinue in effect pending action by W .; thence to the point of beginning. [CG FR 72-26] Congress on the Golden Eagle f § 3.60—60 Humboldt Bay Captain of the program. PART 3— COAST GUARD AREAS, DIS­ Port. While it is the policy of the Depart­ TRICTS, MARINE IN SP EC T IO N ment of the Interior, whenever practi­ (a) The Humboldt Bay Captain of cable, to afford the public an oppo ‘ ZONES, AND CAPTAIN OF THE the Port Office is in Samoa, Calif. PORT AREAS (b) The Humboldt Bay Captain of tunity to participate in the process, it is deemed unnecessary to Twelfth Coast Guard District the Port area comprises all the naviga­ ble waters of the United States and con­ so in this instance since the reyi? serves to continue in effect Pr0Yj® This amendment establishes two new tiguous land areas within the following of the current fee program and the Captain of the Port areas at Monterey, boundaries: A line beginning on the vised regulations do not further re Calif., and Humboldt Bay, Calif., and coast at the Califomia-Oregon border members of the public. . revises the boundary of the Captain of at latitude 42° 00'00" N. and extending Due to immediate need for this re the Port, San Francisco. The reason for due east along the California-Oregon the establishment of the two Captain of State line to latitude 42°00'00" N., sion, it will take effect upon the Port areas is that there has been a longitude 123°30'00" W.; thence to tion of this notice in the Federal tremendous growth in terms of popula­ latitude 40°00'00" N., longitude 123°i R egister (2-15-72) . , tion, industry and shipping which re­ 30'00" W ,; thence to the coast at lati­ Section 6.7 is hereby renamed a quire a more direct supervision by the tude 40°00'00" N.; thence to latitude revised as follows:

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 RULES AND REGULATIONS 3351

§ 6.7 Recreation fees. (i) The direct and indirect cost to the rates in lieu of the above "Camp and trailer sites” fee or the above "picnic sites” fee or There shall be two general types of United States of establishing and main­ both, and may establish a minimum group recreation fees: Entrance fees and user taining the area; (ii) The quality and variety of recrea­ use charge of at least $3 per day per group fees. Both types of fees shall be charged tion opportunities offered ha the area; without regard to group size or other provi­ on a daily basis. (iii) The amount charged for admis­ (a) Fees for daily entrance permits. sions of this part. sion to or the use of comparable State, (1) There shall be two fees for daily en­ local, and private areas; (4) User fees may be charged if the trance permits charged at Designated (iv) The impact of the fee on potential site contains or is within a reasonable Pee Areas where entrance fees are development of other outdoor recreation charged: One applicable to those enter­ distance of the following facilities: areas and facilities in the locality by ing by private, noncommercial vehicle State and local governments and by pri­ and one applicable to those entering by vate investors; Camp any other means. (v) The contribution of State and and Picnio (2) The fee for a daily permit appli­ Basic facility trailer site local governments and private contribu­ cable to those entering by private, non­ site require- tions to the maintenance and develop­ require- ments commercial vehicle shall be $1 to $3 per ment of the area. meats vehicle per day. The daily permit shall be valid only at the one Designated Fee (3) User fees may be charged for ad­ Area for which it is purchased. The daily ditional types of sites, facilities, equip­ Access and circulatory roads *__ ... X X ment. and services not listed below. Parking 1______X ' X permit shall admit, without further pay­ Drinking w a te r...... X X ment, the purchaser and all who accom­ Sites Range of user fees Toilet facilities...... X X pany him in a private, noncommercial Camp and trailer $1 to $4 for over­ Refuse containers______X X vehicle for a single visit or series of sites______night use. Picnic tables 2. ______— X X visits during its period of validity. Picnic sites______$0.50 to $1 per site Firegrates 2 or fireplaces____ -______X X (3) The fee for a daily permit per day. Adequate tent or trailer spaces____ X ------Group camping and $0.25 to $0.50 per charged at Designated Fee Areas, appli­ picnicking sites____ person per day.1 cable to those entering by any means 1 Except at campsites accessible only by boat. other than private, noncommercial ve­ 1 The Superintendents may select group use 2 Not applicable to trailer sites. hicle shall be $0.50 to $1.50 per person Other Facilities and Services per day and shall be valid only at the one Designated Fee Area for which it is Vehicle and trailer parking____ To be established at a daily, weekly, or monthly rate in purchased. accord with the criteria set forth in subparagraph (2) of this paragraph. ■ (4) Any of the permits provided for in Elevators ______At least $0.10 per person per round trip. subparagraphs (2) and (3) of this para­ Ferries and other means of To be established at a rate in accord with the criteria set graph shall be valid for a single visit or transportation. forth in subparagraph (2) of this paragraph. series of visits to the Designated Fee Overnight shelters______To be established at a daily rate in accord with the criteria Area for which it was purchased during set forth in subparagraph (2) of this paragraph. the same calendar day for which it was Guided tours______To be established at a rate in accord with the criteria purchased. In addition, at areas in which set forth in subparagraph (2) of this paragraph. overnight use is permitted, such per­ Special purpose vehicles______At least $1 per individual vehicle permit issued. mits shall be valid for departure only until noon of the day following pur­ ■(d)- Wrongful entry. No person shall such Governor and all legal and other chase, except as otherwise posted. enter or Use park areas, use park camp­ obligations of the United States to such ing grounds, or otherwise participants in State with respect to such areas have (b) Validation and display of en­ Park Service programs or activities for been taken into consideration; trance permits. (1) All daily entrance which fees have been designated without (6) No fee shall be charged for access permits shall be nontransferable, except first paying the required fees. Any vio­ to waters or shorelines by those classes that the permits issued pursuant to lation of this provision is punishable as of persons which have rights thereto Paragraph (a) (2) of this section may be under treaty or law; used by members of the purchaser’s im­ provided in § 1.3 of this chapter. (7) No fee shall be charged for com­ mediate family (spouse and children). (e) Exceptions, exclusions, and ex­ emptions. In the application of the provi­ mençai or other activities not related to (2) Every permit shall be kept on the recreation ; or for organized tours or out­ Person of its owner, except that, when­ sions of this part, the following excep­ tions, exclusions, and exemptions shall ings conducted for educational or scien­ ever a peson enters a Designated Fee tific purposes by bona fide institutions Area by private, noncommercial ve- apply: (1) Nothing contained herein shall established for these purposes; nor shall t»cie, during the period that the vehicle any fee be charged hospital inmates in­ used in such entry remains within the authorize Federal hunting or fishing licenses or fees; volved in medical therapy; ^signated Fee Area, the daily entrance (8) No entrance fee shall be charged (2) No fee shall be charged for the Permit shall be displayed on the sun any person conducting State, local, or use of any water; /“ Or or the dashboard on the left side of Federal Government business; vejrïcle in a manner to be readily (3) No fee shall be charged for travel (9) No entrance fee shall be charged «sibie to persons outside the vehicle by private, noncommercial vehicle over at any entrance to Great Smoky Moun­ uruess different manner of display is any National Parkway or any road or tains National Park unless such fees are prescribed by instructions posted at the highway established as part of the na­ charged at main highway and thorough­ tional Federal-aid system, which, al­ fare entrances. a fees- User fees are pa though it is part of a larger area, is (10) No fees shall be charged at Des­ ^ e for the use of sites, facilities, equi commonly used by the public as a means ignated Fee Areas requiring such fees, ’ or services provided by the Unit of travel between two places, either or for persons who have not reached their tes, especially for recreationists both of which are outside the area; 16th birthday. ^signated Fee Areas which include, t (4) No fee shall be charged any person (f) Designation of fee areas. (1) En­ - J * Hmited to well-developed cam in the exercise of a right of access to trance and user fees established pur­ ’ P}0**10 areas, guide services, elev privately owned lands; suant to this section will be required only • ™ e r sport facilities, and spec: (5) No daily entrance fee shall be at those areas which have been formally ]pd^ ° tt recreational vehicle use prr charged at any area where more than 50 designated as fee areas by the Director -¿ser *ees may be charged at Desi percent of the land within such area has of the National Park Service. Notifica­ 66 Areas singly, or in addition been donated to the United States by a tion to the public of such designations trance or admission fees. State, unless the Governor of such State shall be accomplished by posting such wi/hiL Yfer fees sha11 be selected in or has designee has been advised of such information conspicuously at each area thp • range fees in accord wi fee at least 60 days prior to its establish­ and by local public announcements, press catena set forth below: ment and unless any recommendation of releases, and other suitable means. v No. 31------2 FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3352 RULES AND REGULATIONS

(2) No fee established pursuant to thisbeen mathematically computed incor­ the vehicle to its condition immediately section shall be effective until the area rectly, a tender of payment of a lesser prior to the accident. amount which merely reflects a correc­ for which it is assessed has been posted § 273.2 Reciprocal release of vehicle as a designated fee area. Signs used for tion of the computation may be con­ damage. this purpose at park areas may be used sidered as a payment in full settlement. in combination with, or incorporated (2) Acceptance of payments in full Execute a release in behalf of the pri­ into, entrance signs. settlement. Postmasters are authorized vate party for vehicle damage when it to accept payments in full settlement of is requested, provided no claim for vehi­ L a w r e n c e C. H a d l e y , claims for damage to Postal Service cle damage will be made against him by Acting Director, property. Postmasters accepting pay­ the Postal Service, and provided a like National Park Service. ments shall execute releases of further release in favor of the U.S. Postal Serv­ [P R Doc.72-2161 Piled 2-14-72;8:45 am] liability pn these claims, and negotiate ice is obtained. If the private party re­ checks and draf ts bearing language hav­ fuses to execute a reciprocal release in ing the effect of a release. Releases will favor of the Postal Services, refer his cover only damage to postal property in request to the Regional Counsel. Title 38— PENSIONS, BONUSES, the specific case being settled, and will L otus A. Cox, in no way attempt to settle a claim for General Counsel. AND VETERANS' RELIEF injury to a postal employee. (b) Compromise settlements— (1) Def­ [P R Doc.72-2224 Piled 2-14-72;8:48 am] Chapter I— Veterans’ Administration inition. A “compromise offer” is an offer PART 8— NATIONAL SERVICE LIFE of an amount less than that claimed for INSURANCE damage to postal property. (2) Claims of $250 or less. At post Title 40— PROTECTION 8F Dividends; How Paid offices where the postmaster is in PES-16 or above, the postmaster is authorized In § 8.26, paragraph (h) is added to to accept compromise offers in settle­ ENVIRONMENT read as follows: ment of claims on which the postmaster Chapter I— Environmental Protection § 8.26 How paid. initiated the collection action, when the Agency damage to postal property does not ex­ * * * * * SUBCHAPTER E— PESTICIDES PROGRAMS ceed $259. The postmaster, in these (h ) Any insured receiving an annual cases, will execute the necessary releases dividend in cash may return such divi­ PART 180— TOLERANCES AND EX­ for property damage only. See paragraph dend check or an equivalent amount of EMPTIONS FROM TOLERANCES FOR (a) of this section. At post offices where money in order to have the dividend re­ PESTICIDE CHEMICALS IN OR ON the postmaster is in PES-15 or below, tained under the deposit or credit option. claims shall be processed in accord­ RAW AGRICULTURAL COMMODI­ The return of such dividend must be ance with subparagraph (3) of this TIES made during the lifetime of the insured and before the end of the calendar year paragraph. Subpart D— Exemptions From (3) — (i) during which the dividend was paid. Divi­ Claims in excess of $250 Ve­ hicle damage claims. Refer compromise Tolerances dends returned under this provision are offers on these claims to the Director, not available for the payment of pre­ C o ppe r Postal Data Center, for further action. miums, receipt of interest, or calculation A petition (PP 1F1073) was filed by (ii) Nonvehicle damage claims. Refer of cash value prior to the postmark date Cities Service Co., Post Office Drawer 8, compromise offers on these claims to the of the returned check. Cranbury, NJ 08512, in accordance with Regional Postmaster General for nego­ provisions of the Federal Food, Drug, and (72 Stat. 1114; 38 U.S.C. 210) tiation and further action. Cosmetic Act as amended (21 U.S.C. (iii) Release forms. Release forms and This VA regulation is effective the date 346a), proposing establishment of an ex­ checks or drafts . need not accompany of approval. emption from the requirement of a toler­ the settlement papers. ance for residues of copper in water Approved: February 8, 1972. (c) Offers in kind. In cases of damage resulting from use of the herbicide and to vehicles owned by the Postal Service By direction of the Administrator. algicide copper sulfate pentahydrate in where the private party is responsible, lakes, ponds, and reservoirs. Subse­ [ s e a l ] F red B . R h o d es, he or his insurer may offer to reimburse quently, the Bureau of Reclamation, Deputy Administrator. the cost of repairs of the damaged vehi­ Department of the Interior, requested [P R Doc.72-2238 Piled 2-14-72;8:49 am] cle. In such cases, the payment may be that the chemical be exempted when made directly to the repairman, or to the used for the treatment of water in irriga­ postmaster and the repairman so that endorsement by the postmaster will con­ tion conveyance systems. Title 39— POSTAL SERVICE stitute a release. If the private party or Another petition (PP 1F1071) w as filed insurer insists on making payment to the by 3M Co., 3M Center, St. Paul, Mina Chapter I— U.S. Postal Service postmaster only, deposit the check as 55101, proposing an exemption fro m tne postal funds, record it in Trust Fund requirement of a tolerance for resK“* SUBCHAPTER D— ORGANIZATION AND Account 16601 of the “postmaster, and of the aquatic herbicide basic coppe ADMINISTRATION draw a Treasury check in favor of the carbonate (malachite) in nonmoving PART 273— SETTLEMENTS repairman. The check issued will be re­ water in lakes, ponds, and stagnan corded as a withdrawal from Trust Fund canals and waterways. Fart 273 is revised to read as follows: Account 16602. Retain the repair invoice A third petition (PP 1F1093) was m Sec. to support the details of the transaction. by Phelps Dodge Refining Corp., 273.1 Acceptance of payment. Postmasters with vehicle maintenance Park Avenue, New York, N Y 10022, pr 273.2 Reciprocal release of vehicle damage. facilities may accept offers in kind up posing an exemption from the reqmr Authority : The provisions of this Part 273 to a valuation of $500; postmasters with­ ment of a tolerance for residues of coppy issued under 39 TJ.S.C. 401, 2008(c). out vehicle maintenance facilities (non­ from the use of the aquatic herb copper sulfate pentahydrate. § 273.1 Acceptance o f payment. personnel offices) may accept such offers up to $100. Refer all offers in kind in Part 120, Chapter I, Title 21 was re­ (a ) Payments in full settlement— (1) excess of these valuations to the man­ designated Part 420 and transferred Definition. A “payment in full settle­ ager, vehicle maintenance, for approval, Chapter m (36 F.R. 424). Subsequently, ment” is a payment equal to the full listing in detail the repairs to be made, Part 420, Chapter in , Title 21 was re" amount necessary to repair or replace estimated repair time, and the recom­ designated Part 180 and transferre damaged postal property. If the amount mendation of the postmaster. All offers Subchapter E, Chapter I, Title 40 of a claim against a private party has in kind should be adequate to restore F.R. 22369).

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 RULES AND REGULATIONS 3353

Copper is widely distributed in animal (b) In determining the adequacy of a and plant tissues and is an essential trace Title 41— PUBLIC CONTRACTS prospective contractor’s financial re­ element in the human body. Copper com­ sources for the performance of the pounds have been used for years as pesti­ proposed contract, as required by FPR cides and for treatment of water. As an AND PROPERTY MANAGEMENT 1-1.1203-1 (a ), particular attention shall indication of its safety, a number of cop­ be given to the ability of the contractor per compounds have been exempted from Chapter 3— Department of Health, to discharge his full financial responsi­ the requirement of a tolerance when ap­ Education, and Welfare bility for charges and losses of Govern­ plied to growing crops. PART 3-1— GENERAL ment-furnished material, when the con­ Thus, based on consideration given tractor has responsibility for such data submitted in the petitions and other Subpart 3—1.12— Responsible material. relevant material, it is concluded that Prospective Contractors § 3—1.1204 Determination of responsi­ the pesticides are useful and that the bility or nonresponsibility. exemption established in this order will Chapter 3, Title 41, Code of Federal protect the public health. Regulations, is amended as set forth be­ § 3—1.1204—1 Requirement. low. The purpose of this amendment is Therefore, pursuant to provisions of Ca) The signing of the contract shall the Federal Food, Drug, and Cosmetic to provide additional standards for de­ be deemed to be evidence of the con­ Act (sec. 408(d)(2), 68 Stat. 512; 21 termining responsibility of prospective tracting officer’s affirmative determina­ contractors. Ü.S.C. 346a(d) (2) ), the authority trans­ tion that a contractor is responsible ferred to the Administrator of the En­ It is the general policy of the Depart­ within the meaning of FPR 1-1.1202. In ment of Health, Education, and Welfare vironmental Protection Agency (35 F.R. the event that a contracting officer de­ to allow time for interested parties to 15623), and the authority delegated by termines a prospective contractor to be take part in the rule making process. the Administrator to the Deputy Assist­ nonresponsible within the meaning of ant Administrator for Pesticides Pro­ However, the amendment herein involves FPR 1-1.1202, a written determination to grams (36 F.R. 9038), Part 180 is minor technical matters. Therefore, the this effect shall be made by the con­ amended by adding the following new public rule making process is deemed tracting officer and placed in the con­ unnecessary in this instance. section to Subpart D: tract file. (See FPR 1-1.708 and H EW PR 1. The table of contents of Part 3-1 is § 180.1021 Copper; exemption from the 3-1.708-2 if a small business concern is amended to add a new Subpart 3-1.12 as involved.) requirement o f a tolerance. follows: Copper is exempted from the require­ Sec. Effective date. This amendment shall ment of a tolerance in eggs, fish, meat, 3-1.1200 Scope of subpart. be effective upon publication in the F ed­ milk, irrigated crops, and shellfish when 3-1.1203 Minimum standards for re­ eral R e g ister (2-15-72). it results from the use o f: sponsible prospective con­ Dated; February 2, 1972. tractors. (a) Copper sulfate pentahydrate as an 3-1.1203-2 Additional standards. N . B. H o u s t o n , algicide or herbicide in irrigation con­ 3-1.1204 Determination of responsibUity Deputy Assistant Secretary veyance systems and lakes, ponds, reser­ or nonresponsibility. for Administration. voirs, or bodies of water in which fish or 3-1.1204-1 Requirement. [FR Doc.72-2242 Filed 2-14-72;8:50 am] shellfish are cultivated. Authority : The provisions of this Subpart (b) Basic copper carbonate (mala­ 3-1.12 are issued under 5 U.S.C. 301; 40 U.S.C. 486(c). chite) as an algicide or herbicide in im­ PART 3-2— PROCUREMENT BY pounded and stagnant bodies of water. 2. Subpart 3-1.12 is added to read as FORMAL ADVERTISING Any person who will be adversely af­ follows: fected by the foregoing order may at Subpart 3—2.2— Solicitations of Bids any time within 30 days after its date § 3—1.1200 Scope of subpart. Chapter 3, Title 41, Code of Federal of publication in the F ederal R egister This subpart implements the policies file with the Objections Clerk, Environ­ set forth in FPR 1-1.12 concerning the Regulations, is amended as set forth mental Protection Agency, Room 3175, responsibility of prospective contractors, below. The purpose of this amendment South Agriculture Building, 12th Street minimum standards for responsible is to insure that bidders mailing lists are and Independence Avenue SW., Wash­ prospective contractors, requirements maintained on a current basis. ington, DC 20460, written objections and procedures for the determination of It is the general policy of the Depart­ thereto in quintuplicate. Objections shall responsibility, and policies regarding ment of Health, Education, and Welfare show wherein the person filing will be the determination of subcontractor to allow time for interested parties to adversely affected by the order and responsibility. take part in the rule making process. s^e^ify with particularity the provisions However, the amendment herein involves of the order deemed objectionable and § 3—1.1203 Minimum standards for re­ minor technical matters. Therefore, the the grounds for the objections. If a hear- sponsible prospective contractors. public rule making process is deemed un­ * requested, the objections must § 3—1.1203—2 Additional standards. necessary in this instance. state the issues for the hearing. A hear­ In addition to the standards set forth 1. Table of contents of Part 3-2 is ing will be granted if the objections are in FPR 1-1.1203-1 and -2, a prospec­ amended to add a new Subpart 3-2.2 as follows: supported by grounds legally sufficient tive contractor, in order to be deter­ to justify the relief sought. Objections mined as responsible must, in the opinion Sec. may be accompanied by a memorandum of the contracting officer, meet the fol­ 3-2.205 Bidders mailing lists. or brief in support thereof. lowing standards as they relate to the 3-2.205-2 Removal of names from bidders particular procurement under consider­ mailing lists. Effective date. This order shall become ation. Au th o r ity: The provisions of this Sub­ o ective on its date of publication in the (a) Have an established system of ac­part 3-2.2 are issued under 5 U.S.C. 301; 40 Federal R egister (2-15-72). counting and financial controls which U.S.C. 486(c). are determined by the contracting officer [ ^ ° 2^ 8(d) ( 2). 68 Stat. 512; 21 U.S.C. 346a 2. Subpart 3-2.2 is added to read as to be adequate to permit the effective follows: administration of the type of contract Dated; February 9, 1972. § 3—2.205 Bidders mailing lists. proposed, particularly if under its terms § 3—2.205—2 Removal o f names from W il l ia m M . U p h o l t , the costs incurred are a factor in de­ bidders mailing lists. eputy Assistant Administrator termining the amount payable under the for Pesticides Programs. Bidders mailing lists shall be reviewed contract, or if advance or progress pay­ annually to ensure that they contain only IFR Doc.72-2214 Filed 2-14-72;8:47 am] ments are requested. accurate and current information which

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3354 RULES AND REGULATIONS is consistent with the present needs of Board, held in Washington, D.C., on the agreement, and upon the American Short the procurement office. 9th day of February 1972. Line Railroad Association; and that no­ It appearing, that because of severe tice of this order shall be given to the This amendment shall Effective date. track damage resulting from snow drifts general public by depositing a copy in be effective upon publication in the and flooding, the Burlington Northern the Office of the Secretary of the Com­ F ederal R e g ister (2-15-72). Inc., is unable to operate its line between mission at Washington, D.C., and by fil­ Dated: February 8, 1972. Rutland, N. Dak., and Ludden, N. Dak.; ing it with the Director, Office of the that shippers located on this line between Federal Register. N . B . H o u s t o n , Deputy Assistant Secretary Ludden, N. Dak., and the end of the line By the Commission, Railroad Service for Administration. at Forbes, N. Dak., are thereby deprived Board. of railroad service; that there are no [FR Doc. 72-2241 Filed 2-14-72; 8:50 am ] shippers served by this line between Rut­ [ s e a l ] R obert L. Oswald, x land, N. Dak., and Ludden, N. Dak. ; that Secretary. the Chicago and Northern Western [FR Doc.72-2286 Filed 2-14-72;8:52 am] Railway Co. has agreed to permit the use of its line between a point of connec­ Title 47— TELECOMMUNICATION tion with the Oakes branch of the Bur­ SUBCHAPTER D— TARIFFS AND SCHEDULES Chapter I— Federal Communications lington Northern at Oakes, N. Dak., and [Ex Parte No. 280] Commission a point of connection with the Forbes branch of the Burlington Northern near PART 1311— SPECIAL PROCEDURES [Docket No. 18920] Ludden, N. Dak., a distance of approxi­ FOR TARIFF FILINGS UNDER THE PART 21— DOMESTIC PUBLIC RADIO mately 7.8 miles; that the Commission is WAGE AND PRICE STABILIZATION of the opinion that operation by the PROGRAM SERVICES (OTHER THAN MARI­ Burlington Northern Inc., over these TIME MOBILE) tracks of the Chicago and North West­ Privately Owned Public Utilities Domestic Public Point-to-Point Micro- ern Railway Co. is necessary in the inter­ Present: Robert C. Gresham, Acting est of the public and the commerce of w ave Radio Service; Correction Chairman, to whom the above matter, the people; that notice and public pro­ which is the subject of this order, has In the matter of establishment of poli­ cedure herein are impractical and con­ been assigned for action thereon. trary to the public interest; and that cies and procedures for consideration of It appearing, that pursuant to the good cause exists for making this order applications to provide specialized com­ provisions of Executive Order 11627, 36 effective upon less than 30 days’ notice: mon carrier services in the domestic F.R. 20139, the Price Commission, by its That: public point-to-point microwave radio I t is ordered, order of February 10, 1972, has deferred service and proposed amendments to § 1033.1090 Service Order No. 1090. all rate increases proposed to be made Parts 21, 43, and 61 of the Commmis- (a) Burlington Northern Inc., author­ effective by or for privately owned pub­ sion’s rules, Docket No. 18920. lic utilities on or after February 10,1972, In the memorandum opinion and order ized to operate over tracks of the Chicago The and that the period of the deferral by released January 31, 1972 (FCC 72-71; and North Western Railway Co. Burlington Northern Inc., be, and it is the Price Commission extends until 37 F.R. 2583), correct the first sentence March 10, 1972, or until such time as of the amended § 21.108(c) to read as hereby, authorized to operate over tracks of the Chicago and North Western Rail­ the Price Commission may indicate by follows: way Co. between Oakes, N. Dak., and subsequent order or directive; (c) Fixed stations (other than tem­Ludden, N. Dak., a distance of approxi­ And it further appearing, that there porary fixed) operating at 2500 MHz or mately 7.8 miles. have been, or will be, filed with the In­ higher shall employ transmitting and (b) Application. The provisions of this terstate Commerce Commission tariffs receiving antennas meeting the appro­ order shall apply to intrastate, inter­ and schedules setting forth new in­ priate performance Standard A indi­ state, and foreign traffic. creased rates, fares and charges, and new cated below, except that in areas not subjected to frequency congestion, an­ (c) Rates applicable. Inasmuch as this rules, regulations, and practices having tennas meeting performance Standard B operation by the Burlington Northern, the effect of increasing rates, fares, and may be used subject to the liability set Inc., over tracks of the Chicago and charges applicable on interstate or for­ North Western Railway Co., is deemed forth in § 21.109(c). * * * eign commerce that are indicated to be due to carrier’s disability, the rates as Released: February 7,1972. applicable to traffic moved by the Burl­ becoming effective within the aforesaid period of deferral by the Price F ederal C ommunications ington Northern Inc., over these tracks Commis­ Co m m is s io n , of the Chicago and North Western Rail­ sion; [ s e a l ] B e n F . W a p l e , way Co. shall be the rates which were And it further appearing, that the op­ Secretary. applicable on the shipments at the time eration of the said tariffs and schedules of shipment as originally routed. [FR Doc.72-2255 Filed 2-14-72;8:51 am] during the period of deferral would be (d) Effective date. This order shall become effective at 11:59 p.m., February in violation of the said order of the Price 10, 1972. Commission; and good cause appearing (e) Expiration date. The provisions of therefor: this order shall expire at 11:59 p.m., It is ordered, That the use and opera­ Title 49— TRANSPORTATION June 30, 1972, unless otherwise modified, tion of the said tariffs and schedules be Chapter X— Interstate Commerce changed, or suspended by order of this deferred pending the expiration of the Commission Commission. period of deferral as determined by the (Becs. 1, 12, 15, and 17(2), 24 Btat. 379, 383, Price Commission; SUBCHAPTER A—¿GENERAL RULES AND 384, as amended; 49 U.S.C. 1, 12, 15, and REGULATIONS 17(2). Interprets or applies secs. 1(10-17), I t is further ordered, That all car­ [§ .0 . 1090] 15(4), and 17(2), 40 Stat. 101, as amended, riers subject to the tariff and schedule 54 Stat. Oil; 49 TJ.S.C. 1(10-17), 15(4), and filing requirements of this Commission PART 1033— CAR SERVICE 17(2)) be, and they are hereby, directed ° Burlington Northern Inc., Authorized It is further ordered, That copies of file with this Commission supplements To Operate Over Tracks of Chicago this order shall be served upon the As­ containing notice deferring indefinite y sociation of American Railroads, Car and North Western Railway Co. the effective dates of all increased ra es, Service Division, as agent of the railroads At a session of the Interstate Com­ subscribing to the car service and car fares, charges, rules, regulations, an merce Commission, Railroad Service hire agreement under the terms of that practices which are subject to this order.

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 RULES AND REGULATIONS 3355

And it is further ordered, That copies I ncome T ax W ithholding effective on the issuance of an order of of this order be posted in the Office of 650.361 Scope. evacuation under section 5522 or 5523 the Secretary and in the Section of Tar­ of title 5, United States Code. Payment Additional Circumstances for W h ich an iffs of the Interstate Commerce Commis­ Allotment is Permitted of such an allotment may not be made sion, that a copy be delivered to the until the issuance of the order. Director, Office of Federal Register, for 550.371 Scope. (c) The head of an agency may pre­ publication in the F ederal R eg ist e r and A u th o rity: The provisions of this Subpart scribe such additional regulations gov­ that all carriers subject to the jurisdic­ C issued under 5 U.S.C. section 5527, E.O. erning allotments, not inconsistent with tion of the Interstate Commerce Com­ 10982; 3 CFR, 1050-1963 Comp., p. 502. subchapter III of chapter 55 of title 5, mission be, and they are hereby, made Subpart C— Allotments and Assign­ United States Code, and this subpart, as respondents to this order. he considers necessary. ments From Federal Employees Approved: February 11, 1972. (d ) Except as provided in this sub­ D e f in it io n s part, only an employee who is serving R. 0. Gresham. under an appointment not limited to 6 § 550.301 Definitions. By the Commission, Acting Chairman months or less may make an allotment. In this subpart: Gresham. § 550.312 Authorized allottees. (a) “Agency” means an Executive [ seal! R obert L . O s w a l d , agency as defined by section 105 of title (a) An employee may make an allot­ Secretary. 5, United States Code. ment to an individual, a corporation, a [FR Doc.72-2334 Filed 2-11-72; 12:27 p.m.] (b) “Allotment” means a recurring, financial institution, a Combined Fed­ specified deduction from pay authorized eral Campaign, an agency, a State or the by an employee to be paid to an allottee. District of Columbia, a labor organiza­ (c) “Allottee” means the person or tion, or an association of management Title 5— ADMINISTRATIVE institution to whom an allotment is made officials or supervisors when the allot­ payable. ment is for one of the purposes per­ (d) - “Allotter’’ means the employee mitted under this subpart. PERSONNEL from whose pay an allotment is made. (b) The allotter shall designate the Chapter I— Civil Service Commission (e) “Association of management offi­ allottee specifically and in writing in an cials or supervisors” means an associa­ allotment authorization. PART 550— PAY ADMINISTRATION tion composed of management officials or § 550.313 General limitations. (GENERAL) of supervisors with which the agency has (a) An allotment shall be disbursed on Allotments and Assignments From established official relationships under section 7(e) of Executive Order 11491, as one of the regularly designated paydays Federal Employees amended. of the employee and in accordance with Subchapter C of Fart 550 is amended (f) “Combined Federal Campaign” the conditions of the allotment author­ to reflect the amendments made in Ex­ means an organization of voluntary ization, except when the agency and the ecutive Order 11401 relating to dues health and welfare agencies authorized allotter agree on a later date. (b) An employee may have only one withholding and to reorganize the regu­ to solicit charitable contributions In a local area in accordance with arrange­ allotment payable to the same allottee lations under subject matter headings for ments prescribed by the Chairman of the at the same time. greater clarity. Civil Service Commission under Execu­ (c) The total amount of allotments Effective the beginning of the first pay tive Order 10927. may not exceed the pay due the allotter period which begins on or after Feb­ (g) “Continental United States” means for a particular period. (d) An agency shall discontinue pay­ ruary 20, 1072, Subpart C is amended as the several States and the District of ing an allotment when the allottee dies set out below. Columbia, but excluding Alaska and Hawaii. or his whereabouts are unknown. Subport C— Allotments and Assignments From (h ) “Dues” means the regular, periodic L abor O rganization Federal Employees amount required to maintain the member § 550.321 Scope. Definitions in good standing in a labor organization Sec. or association of management officials (a) An agency may permit an em­ 550.301 Definitions. or supervisors. ployee, regardless of his tenure, to make General Provisions (i) “Employee” means an employee of an allotment for dues to a labor orga­ nization when: (1) He is a member of 550.311 Authority of agency. an agency. 550.312 Authorized allottees. (j) “Foreign affairs agency” means the a labor organization which holds exclu­ 550.313 General limitations. Department of State, the U.S. Informa­ sive recognition for employees in the ex­ tion Agency, the Agency for International clusive unit in which he is employed, and Labor Organization Development and its successor agency or (2) the agency has agreed in writing 550.321 Scope. agencies. with the labor organization to deduct 550.322 Limitation and discontinuance of (k) “Labor organization” means a labor allotments for the payment of dues. allotment. (b) With respect to an employee as­ .550.323 Saving provision. organization as defined by section 2 (e) signed to a post of duty outside the 550.324 Fee for service. of Executive Order 11491, as amended. (l) “Pay” means the net pay due an United States (including Alaska and Association of Management Officials or employee after all deductions authorized H aw aii), an agency may permit an em­ Supervisors by law (such as retirement or social ployee, regardless of his tenure, to make 550.331 Scope. ' security deductions, Federal withholding an allotment for dues to a labor orga­ 650.332 Limitation and discontinuance of tax, and others, when applicable) have nization when he is a member of a labor allotment. been made. organization granted recognition under 550.333 Pee far service. conditions prescribed by the head of the G en e r a l P r o v isio n s Foreign Affairs Agency Organizations agency under section 3(c) of Executive 550.341 Scope. §550.311 Authority of agency. Order 11491, as amended, and with which the agency has agreed in writing to de­ 550.342 Limitation and discontinuance of (a) An agency may permit allotments duct allotments for the payment of dues „ allotment. under section 5525 of title 5, United 550.343 Fee for service. to the labor organization. ’ States Code, only in accordance with Combined Federal Campaign subchapter m of chapter 55 of title 5, § 550.322 Limitation and discontinu­ 550.351 Scope. United States Code, and this subpart. ance of allotment. «a limitation of allotment. (b) An agency may permit an em­ (a) The agreement between the di)3 Discontinuance of allotment. ployee to authorize an allotment to be agency and the labor organization shall

FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3356 RULES AND REGULATIONS specify how often a change may be made the maximum fee which the agency may ganization is terminated or ceases to be in the amount of the allotment for the charge. applicable to the employee. payment of dues to a labor organization. (d) A foreign affairs agency may per­ A s s o c ia t io n o p M a n a g e m e n t O f f ic ia l s mit an employee, transferring in from (b) An allotment for the payment of a n d S u per viso r s dues to a labor organization may be re­ another foreign affairs agency, or trans­ voked by an employee only in writing and § 550.331 Scope. ferring within the same foreign affairs effective at stated 6-month intervals as An agency may permit an employee, agency, to continue on a temporary basis provided by section 21(a) of Executive regardless of his tenure, to make an al­ to make an allotment for dues to an or­ ganization under the following Order 11491, as amended, and as pro­ lotment for dues to an association of condi­ vided in the agreement. Upon receipt in management officials or supervisors tions: " (1) The transfer of the employee the payroll office of a written notice of when hè is a supervisor or management is in connection with a transfer of function revocation, the agency shall discontinue official who is a member of an associa­ or reorganization; and the allotment at the beginning of the tion of management officials or super­ (2) The employee was in a unit of first full pay period which begins on or visors with which an agency has agreed recognition, which unit was after the next stated revocation date. in writing to deduct allotments for the transferred in whole or substantial part to the (c) Except as provided in paragraph payment of dues to the association. re­

FEDERAL REGISTER, VOL. 37, NO. 31— -TUESDAY, FEBRUARY 15, 1972 RULES AND REGULATIONS 3357

(c) An allotment to a Combined Fed­ (2) Working on an assignment away Subpart D— Executive and Variable eral Campaign shall be: from his regular post of duty when the Compensation (1) For a term of 1 year beginning assignment is expected to continue for with the first pay period which begins 3 months or more; or § 201.71 Scope. in January and ending with the last pay (3) Serving as an officer or member (a) Purpose. The purpose of this sub­ period which begins in December; and of a crew of a vessel under the control part is to provide rules and standards to (2) Of an equal amount to be deducted of the Federal Government. stabilize items of executive and variable each pay period, which amount may not U n it e d S tates C i v i l S erv­ compensation whether or not payable to be less than 50 cents for an employee ic e C o m m is s io n , an executive. paid biweekly or semimonthly or $1 for [ seal ] J a m e s C. S p r y , (b) Conflict with other provisions. To an employee paid monthly. Executive Assistant to the extent that any provision of this (d) During the term of an allotment the Commissioners. chapter is inconsisent with the provi­ to a Combined Federal Campaign the sions of this subpart, the provisions of [FR Doc.72—2286 Filed 2-14-72;8:52 am] allotter may not change the amount to this subpart shall control. Thus, for ex­ be deducted each pay period, but he may ample, in the area of executive and vari­ voluntarily discontinue the allotment at able compensation only those existing any time. Title 6— ECONOMIC contracts meeting the requirements of § 550.353 Discontinuance o f allotment. § 201.72(f) and pay practices previously set forth meeting the requirements of An agency shall discontinue paying an STABILIZATION § 201.72(g) shall be allowed to operate allotment when the allotter is separated Chapter II— Pay Board under § 201.14. from the Federal service, a written no­ (c) Exception. The provisions of this tice to discontinue is given by the allot- PART 201 — STABILIZATION OF subpart shall' not affect the provisions ter, or the 1-year term for an allotment WAGES AND SALARIES of a collective bargaining agreement. to a Combined Federal Campaign expires. Executive and Variable Compensation § 201.72 Definitions. For purposes of this subpart the I nco m e T ax W it h h o l d in g Part 201, Title 6, Chapter II, Code of Federal Regulations will be amended by term— § 550.361 Scope. adding new Subpart D thereto. New Sub­ (a) “Wages and salaries” means the An agency may permit an employee, part D, as set forth below, prescribes same as under § 201.3 except that items regardless of his tenure, to make an rules with respect to items constituting constituting incentive compensation or allotment for the payment of State or executive and variable compensation. items under sales, commission, and pro­ District of Columbia income taxes when Since the rules set forth in this Sub­ duction incentive plans or practices shall he is employed outside of, but is a resi­ part D are assential to the expeditious not be treated as wages and salaries ex­ dent in, a State or the District of Co­ implementation of the Economic Stabili­ cept as otherwise provided in this lumbia with which the Secretary of the zation Act Amendments of 1971 and subpart; Treasury has entered into an agreement Executive Order No. 11640, the Pay Board (b) “Executive compensation” in­ to withhold income taxes from the pay finds that it is impracticable to provide cludes, but is not limited to, the follow­ of employees under sections 5516 and for the submission of written data, views, ing items: Base salary, job perquisites, 5517 of title 5, United States Code. or arguments by interested persons in ac­ and incentive compensation; cordance with usual rule making proce­ (c) “Base salary” means cash re­ Additional C ircumstances fo r W h ic h muneration paid to an employee by an an A l l o t m e n t I s P e r m itte d dures and that good cause exists for promulgating these regulations in less employer on account of the performance § 550.371 Scope. than 30 days. of services; (a) Subject to paragraphs (b) and (c) These amendments shall be effective (d) “Job perquisites” means any item of this section, an agency may permit on and after November 14,1971. However, furnished to or on behalf of an employee an employee to make an allotment for written comments including views or by an employer on account of the per­ any of the following purposes: arguments may be submitted to the Office formance of services including, but not (1) The support of relatives or of the General Counsel, Pay Board, 2000 limited to, such items as reimbursement dependents of the allotter; M Street, Washington, DC 20508. or payment by an employer of country (2) Savings; club membership fees, dues, or other G eorge H . B o ld t , similar items, reimbursement or pay­ (3) Payment of commercial insurance Chairman of the Pay. Board. premiums on the life of the allotter; ment by an employer of uninsured medi­ (4) Payment of U.S. Government In­ Subpart D— Executive and Variable Compensation cal expenses which are not excluded surance or National Service Life In­ Sec. from gross income under section 104 of surance; and 201.71 Scope. the Code, the personal use of an auto­ . ^ Any other purpose when approved 201.72 Definitions. mobile furnished by an employer, pay­ by the head of the agency or his author­ 201.73 Executive salaries and job per­ ment by an employer for, or in kind quisites. ized representative. furnishing of housing, and other such 201.74 Incentive compensation plans (other similar items; . y An agency may not permit an em- than stock options). pioyee to make an allotment for any of 201.75 Incentive compensation practices (e) “Incentive compensation” includes, the following purposes: (other than stock options). but is not limited to, the following items: Payment of indebtedness, except 201.76 Stock options. Incentive bonuses (whether payable in r!!161?^ e kea<* Of the agency specifically 201.77 Sales, commission, and production cash or other property), stock options, Provides otherwise; incentive plans or practices. so-called phantom stock awards (includ­ 201.78 New or revised plans or practices. (2) Contributions to charity except ing both dividend and share units), em­ 201.79 New organizations. ployer contributions to stock purchase a« authorized by § 550.351; or 201.80 Employee productivity incentive plans, and employer contributions to . Payment of dues to civic, fra- plans or practices. profit-sharing plans which fail to meet , or ° ^ er organizations except as Authority : The provisions of this Subpart authorized by §§ 550.321 and 550.331. the requirements of section 401 of the D issued under Economic Stabilization Act of Code; in agency may permit an employee 1970, as amended, Public Law 91-379, 84 Stat. ^ (f) “Existing contract” means a con­ 6 ^ allotment for one of the pur- 799; Public Law 91-558, 84 Stat. 1468; Public Poses specifieti in paragraph (a) of this Law 92-8, 85 Stat. 13; Public Law 92-15, 85 tract with respect to employment all the section only when he is: Stat. 38; Public Law 92-210, 85 Stat. 743; elements of which have been reduced to Executive Order 11640 (37 F.R. 1213, Jan. 27, a writing which has been signed by the thp^ a of duty outside 1972), Cost of Living Council Order No. 3 (36 employee and the employer on or before me continental United States; F.R. 20202, Oct. 16, 1971), as amended. November 13, 1971; and

FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3358 RULES AND REGULATIONS

(g) “Pay practice previously set forth” the item to be determined from all the cable, in dividend or share units) of an means a wage or salary, incentive com­ .facts and circumstances involved. item of incentive compensation granted pensation, or sales, commission, or pro­ to the employees in a plan unit under a § 201.74 Incentive ^compensation plans plan in one of the last 3 plan years duction incentive plan or practice which (other than stock options) . on or before November 13, 1971, meets ending before November 14, 1971, or (ii) all of the following requirements: (a) In general— (1) Established plans. in case of a new or revised plan described (1) The plan or practice had been Subject to the provisions of this section in paragraph (a) (2) of this section dur­ communicated to the affected employees; an employer having an established writ­ ing the first consecutive 12-month (2) The aggregate amount of the pay­ ten plan with respect to items of incen­ period under which such a plan operates ment or award cannot be increased or tive compensation (but not including any the amount (in dollars, or where appli­ withheld in its entirety by the exercise plan or part thereof with respect to stock cable, in dividend or share units) of an of any discretion; options) in effect before November 14, item of incentive compensation estab< (3) The aggregate amount of the pay­ 1971, which plan does not qualify under lished by the Pay Board. ment or award is determined by a definite § 201.72 (f) or (g ), may continue to ad­ (c) Rules with respect to computation method or clear formula; and minister such a plan providing the fol­ of allowable amount— ( 1) Deferred pay­ „(4) The definite method or clear for­ lowing conditions are met: (i) A pay­ ments— (i) Items deferred from an mula is applied only to a wage or salary ment or award has actually been earlier year. An item of incentive com­ amount on a percentage or other similar granted under the plan during any one pensation paid to the employees in a basis without preference to profits, earn­ of the last 3 plan years ending before plan unit during any wage year which ings, or any factor or item other than the November 14, 1971; (ii) the aggregate was granted to any such employees dur­ actual wage or salary amount. maximum amount of incentive compen­ ing an earlier wage year shall not be con­ (h) "Plan or practice unit” means the sation payable under the plan is deter­ sidered as an item of incentive employees covered by an incentive com­ mined according to a definite method or compensation for such employees for pensation or sales, commission, or pro­ clear formula; (iii) administration of the the wage year during which such item duction incentive plan or practice, and plan is clearly in accordance with all is paid. (i) “Plan or practice year” means the conditions and limitations expressed (ii) Items deferred to a later year. An 12-month period with respect to which therein; and (iv) administration of the item of incentive compensation granted an incentive compensation or sales, com­ plan is in the customary manner with­ to the employees in a plan unit during mission, or production incentive plan or out any deviation from such manner any wage year which is deferred to a practice operates. for purposes of circumventing the intent later wage year shall be considered as of the wage and salary stabilization pro­ an item of incentive compensation for § 201.73 Executive salaries and job per­ gram. such employees for the wage year during quisites. (2) New or revised plans. An employerwhich such item is granted. (a) In general. Executive base salaries having an incentive compensation plan (iii) Definition. For purposes of this paid to and job perquisites awarded to (but not including any plan or part subparagraph an item is considered as the employees in an appropriate em­ thereof with respect to stock options) de­ being “granted” during the wage year in ployee unit during any wage year shall scribed in § 201.78 (b) or (c) (with re­ which services are performed giving rise be subject to the general wage and salary spect to new or revised plans) and ap­ to the obligation to pay for the perform­ standard established in § 201.10. proved by the Pay Board pursuant to ance of such services whether or not such t (b) Deferred payments— (1) Items de­ § 201.78 or described in § 201.79 (a) or obligation is contingent upon the per­ ferred from an earlier year. An item of (b) (with respect to new organizations) formance of future services or any other base salary paid to the employees in an and reported to the Pay Board pursuant condition or restriction. appropriate employee unit during any to § 201.79 shall administer such a plan (2) Excesses. If the amount of any wage year which was earned by any such subject to the provisions of paragraphs item of incentive compensation awarded employees during an earlier wage year (b) and (c) of this section. pursuant to a plan described in para­ shall not be considered as an item of base (b) Computation of allowable graph (a) of this section is in excess of salary for such employees for the wage amount— (1) Established plans. The al­ the allowable amount with respect to year during which such item is paid. lowable amount of any item of incentive such item determined pursuant to the (2) Items deferred to a later year. An compensation granted to the employees rules contained in paragraph (b) of this item of base salary paid to the employees in a plan unit during any wage year section, such excess shall be deemed to be in an appropriate employee unit during under a plan described in paragraph (a) an increase in wages and salaries paid ( 1) of this section or a plan described in for the wage year the excess occurs with any wagé year shall include all such paragraph (a) (2) of this section to which respect to the covered plan unit. Such items which were earned by all such subparagraph (2) of this paragraph does excess shall be apportioned to the appro­ employees during such wage year. not apply shall not exceed an amount priate employee units of the employees (3) Definition. For purposes of this determined as follows: The base year participating in the plan unit. The paragraph an item is considered as being amount plus such base year amount mul­ amount of excess which shall be appor­ tioned to an appropriate employee unit “earned” during the wage year in which tiplied by the permissible wage and sal­ services are performed giving rise to the ary standard established in § 201.10. shall be determined as follows:. The number of employees in an appropriate obligation to pay for the performance (2) New or revised plans. The allow­ employee unit who are participating in of such services whether or not such ob­ able amount of any item of incentive such a plan unit multiplied by a fraction, ligation is contingent upon the perform­ compensation granted to the employees the numerator of which is the amount ance of future services or any other in a plan unit under a new or revised of the excess and the denominator o condition or restriction (including, but plan described in paragraph ( a ) ( 2) of which is the number of employees in the not limited to, an agreement not to com­ this section during the first consecutive plan unit. Such amount shall not be al­ pete). 12-month period under which the plan lowed to increase the maximum permis (c) Valuation of items constituting joboperates shall not exceed the base year sible annual aggregate wage and salary perquisites. The amount of any job per­ amount. quisite shall be determined as follows: (3) Definition. For purposes of this ì increase with respect to an appr ite employee unit, but shall reduce t e (1) The employer’s current expendi­ section, the term “base year amount” ture where such expenditure constitutes means (i) in the case of a plan described dmum permissible aggregate wages the only cost of the item, otherwise; in subparagraph ( 1) of this paragraph salaries payable to an appropria ® (2) The reasonable cost of providing the amount (in dollars or where appli­ jloyee unit by the amount of

FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 RULES AND REGULATIONS 3359

excess for the wage year the excess limitations, any deferral in time of the tive 12-month period under which the occurs. For purposes of determining the employee’s rights under the plan, or any plan operates shall not exceed the base amount of any excess with respect to other condition or restriction. year amount. phantom stock awards each phantom (d) Rule with respect to certain plans. (3) Definition. For purposes of this dividend or share unit shall be deemed to Any plan described in paragraph (a) (1) section the term “base year amount” be an actual share of stock not subject of this section which fails to meet the means (i) in the case of a practice de­ to any restriction. condition of having made a payment or scribed in subparagraph ( 1) of this para­ (3) Credits. If the amount of any item award during the last 3 plan years graph the amount (in dollars, or where of incentive compensation granted pur­ ending before November 14,1971, shall be applicable, in dividend or share units) of suant to a plan described in paragraph considered as a new plan subject to thq, an item of incentive compensation (a) of this section is less than the allow­ provisions of § 201.78 and paragraphs (b) granted to the employees in a practice able amount with respect to such item and (c) of this section. unit under a practice in one of the last 3 determined pursuant to the rules con­ § 201.75 Incentive compensation prac­ practice years ending before November tained in paragraph (b) of this sec­ tices (other than stock options). 14, 1971, or (ii) in case of a new 0£ re­ tion, the amount equal to the difference vised practice described in paragraph between such allowable amount and the (a) In general— (1) Existing prac­ (a ) (2) of this section during the first amount of the award granted but no tices. Subject to the provisions of this consecutive 12-month period under more than the difference between the section, an employer having a practice which such a practice operates the allowable amount and the base year (other than a plan described in § 201.74 amount (in dollars, or where applicable, amount may be used by the employer as ( a ) ) with respect to items of incentive in dividend or share units) of an item of a credit for wages and salaries payable compensation (but not including any incentive compensation established by in the wage year in which such amount plan or practice with respect to stock the Pay Board. which is less than such allowable options) which practice does not qualify (c) Rules with respect to computation amount occurs with respect to the em­ under § 201.72 (f) or (g ), may continue of allowable amount— (1) Deferred pay­ ployees participating in the covered to administer such a practice providing ments— (i) Items deferred from an plan unit. The amount which may be so the following conditions are met: (i) A earlier year. An item of incentive com­ credited shall be apportioned in the payment or award has actually been pensation paid to the employees in a same manner described in subparagraph granted under the practice as a matter practice unit during any wage year (2) of this paragraph providing for ap­ of custom or habit during two of the last which was granted to any such em­ portioning excesses, provided, however, 3 practice years ending before November ployees during an earlier wage year shall such amount shal not constitute wages 14, 1971, or if the practice had been in not be considered as an item of incen­ and salaries for the purpose of comput­ existence less than 2 practice years end­ tive compensation for such employee for ing the amount of any increase in wages ing before November 14, 1971, then dur­ the wage year during which such item is and salaries for the following wage year ing 1 practice year ending before such paid. and shall not be allowed to increase the date; (ii) administration of the practice (ii) Items deferred to a later year. An is clearly in accordance with demon­ maximum permissible annual aggregate item of incentive compensation granted strated past custom or habit; and (iii) wage and salary rate increase with re­ to the employees in a practice unit dur­ administration of the practice is in the spect to an appropriate employee unit. ing any wage year which is deferred to a (4) Valuation of items of incentive customary manner without any deviation later wage year shall be considered as an from such manner for purposes of cir­ compensation. The amount of an award item of incentive compensation for such shall be determined as follows— cumventing the intent of the wage and employees for the wage year during salary stabilization program. which such item is granted. (i) For phantom stock awards: In divi­ (2) New or revised practices. An em­ dend or share units; (iii) Definition. For purposes of this ployer having an incentive compensation (ii) For incentive bonuses awarded in paragraph an item is considered as being practice (but not including any plan or “granted” during the wage year in which stock: In dollars in an amount equal to practice with respect to stock options) the fair market value of such stock at services are performed giving rise to the described in § 291.78 (b) or (c) (with obligation to pay for the performance of the time of the award regardless of any respect to new or revised plans or prac­ such services whether or not such obli­ conditions or restrictions less the amount. tices) and approved by the Pay Board gation is contingent upon the perform­ Uf any) paid for such stock by the pursuant to §201.78 or described in employee; ance of future services or any other § 201.79 (b) or (c) (with respect to new condition or restriction. (iii) For incentive bonuses awarded in organizations) and reported to the Pay (2) Excesses. If the amount of any property other than stock: 3h dollars Board pursuant to § 201.79 shall ad­ item of incentive compensation awarded m an amount equal to the fair market minister such a practice subject to the pursuant to a practice described in para­ value of such property at a time of the provisions of paragraphs (b) and (c) of graph (a) of this section is in excess of award, regardless of any conditions or this section. the allowable amount with respect to restrictions, less the amount (if any) (b ) Computation of allowable such item determined pursuant to the Paid for such property by the employee; amount—( 1) Established practices. The rules contained in paragraph (b) of this allowable amount of any item of incen­ (iv) For employer contributions such section, such excess shall be deemed to tive compensation granted to the em­ as contributions to incentive stock bonus be an increase in wages and salaries for ployees in a practice unit during any ^ (whether or not described in sec- the wage year the excess occurs with re­ wage year under a practice described in on 401 of the Code), stock purchase spect to the covered practice unit. Such paragraph (a) ( 1) of this section or a wans, or profit sharing plans which fail excess shall be apportioned to the ap­ practice described in paragraph (a) (2) ” meet the requirements of section 401 propriate employee units of the em­ of this section to which subparagraph of the Code:' In dollars in an amount ployees participating in the practice unit. (2) of this paragraph does not apply ^Pial to the employer’s contribution re­ The amount of excess which shall be shall not exceed an amount determined apportioned to an appropriate employee gardless of any deferral in time of the as follows: The base year amount plus unit shall be determined as follows: H ie employee’s rights under such a plan or such base year amount multiplied by the number of employees iii an appropriate any other condition or restriction; permissible wage and salary standard employee unit who are participating in established in § 201.10. (v) For employer contributions in such a practice unit multiplied by a frac­ (including Stock) to plans de­ (2) New or revised practices. The al­ tion, the numerator of which is the scribed in subdivision (iv) of this sub- lowable amount of any item of incentive amount of the excess and the denomina­ compensation granted to the employees aragraph: In dollars in an amount tor of which is the number of employees in a practice unit under a new or revised equal to the fair market of such prop- in the practice unit. Such amount shall practice described in paragraph (a) (2) not be allowed to increase the m a x im u m regardless of any conditions or of this section diming the first consecu­ permissible annual aggregate wage and

No. 8.1— .3 FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3360 RULES AMD REGULATIONS salary rate increase with respect to an of shares may not be established at less described in paragraph (b) of this sec­ appropriate employee unit, but shall re­ than 100 percent of the fair market value tion or approved by the Pay Board pur­ duce the maximum permissible aggregate of such shares on the date of grant; (iv) suant to § 201.78 (with respect to new wages and salaries payable to an ap­ administration of the plan is in accord­ plans) shall be deemed to be an increase propriate employee unit by the amount ance with the customary manner; and in wages and salaries with respect to of the excess for the wage year the excess (v) the aggregate shares under new stock the employees in the covered plan or occurs. For purposes of determining the options during an employer’s fiscal year practice unit during the wage year such amount of any excess with respect to shall not exceed the number of shares option is granted. phantom stock awards each phantom determined as follows: The number of (2) Exercise. The exercise of any dividend, or share unit shall be deemed shares (adjusted to reflect stock splits stock option which is not (i) described to be an actual share of stock not sub­ and stock dividends) granted under such in paragraph (a ) of this section or (ii) ject to any restriction. plan during the last 3 fiscal years of the granted under a plan described in para­ (3) Credits. If the amount of any item employer ending before November 14, graph (b) of this section or approved by of incentive compensation granted pur­ 1971, divided by three. the Pay Board pursuant to §201.78 suant to a practice described in para­ (2) Exercise. A stock option described (with respect to new plans) shall be graph (a ) of this section is less than the in subparagraph ( 1) of this paragraph deemed to be an increase in wages and allowable amount with respect to such may be exercised by the employees in a salaries with respect to the employees item determined pursuant to the rules plan unit under a stock option plan. in the covered plan or practice unit dur­ contained in paragraph (b) of this sec­ (c) Rules with respect to certain ex­ ing the wage year such option is exer­ tion, the amount equal to the difference isting plans. For purposes of subdivision cised. between such allowable amount and the (v) of paragraph (b )( 1) of this section (3) Apportionment to appropriate em­ amount of the award granted but no if any plan is: ployee units. Any increase in wages more than the difference between the (1) In existence for at least 1 fiscal and salaries described in subparagraph allowable amount and the base year year of the employer ending before No­ ( 1) or ( 2) of this paragraph shall be amount may be used by the employer as vember 14, 1971, but less than 3 such apportioned to the appropriate employee a credit for wages and salaries payable fiscal years, the aggregate shares under units of the employees participating in in the wage year in which such amount new stock options granted during an em­ the covered plan or practice unit. The which is less than such allowable amount ployer’s fiscal year shall not exceed the amount of such increase which shall be occurs with respect to the employees number of shares determined as follows: apportioned to each such appropriate participating in the covered practice The number of shares (adjusted to reflect employee unit shall be determined as unit. The amount which may be so cred­ stock splits and dividends) granted follows: The number of employees in ited shall be apportioned in the same during the existence of the plan divided an appropriate employee unit who are manner described in subparagraph ( 2) by the number of such fiscal years; or participating in such a plan or practice of this paragraph providing for appor­ (2) In existence for less than a full unit multiplied by a fraction, the nu­ tioning excesses, provided, however, such fiscal year of the employer ending before merator of which is the amount of such amount shall not constitute wages and November 14, 1971, the aggregate shares increase and the denominator of which salaries for the purpose of computing under new stock options granted during is the number of employees in the plan the amount of any increase in wages an employer’s fiscal year shall not exceed or practice unit. and salaries for the following wage year the greater of the aggregate shares (ad­ (f) Valuation of stock options. For and shall not be allowed to increase the justed to reflect stock splits and stock purposes of paragraph (e) of this section maximum permissible annual aggregate dividends) actually granted during such the value of a stock option (1) when wage and salary rate increase with re­ period of less than such a full fiscal year granted shall be an amount equal to the spect to an appropriate employee unit. ending before November 14, 1971, or 26 value of such option at the time of grant (4) Valuation of items of incentive percent of the aggregate shares (ad­ (without taking into account any condi­ compensation. Items of incentive com­ justed to reflect stock splits and stock tions or restrictions imposed under the pensation shall be valued according to dividends) authorized for stock options stock option or on the stock) determined the provisions of paragraph (c) (4) of during the life of the plan; or as follows: The sum of the option pre­ § 201.74. (3) In existence for 3 or more fiscal mium plus the excess of the fair market (d) Rule with respect to certain prac­years of the employer ending before value of the stock under option at the. tices. Any practice described in para­ November 14, 1971, and failing to meet time of the grant over the price of the graph (a) ( 1) of this section which fails the conditions of subdivision (v) of par­ stock under the option, and (2) when to meet the condition of having made the agraph (b) ( 1) of this section because no exercised shall be an amount equal to payment or award required under such shares under new options were granted the value of such option at the time of paragraph shall be considered as a new during the last 3 such fiscal years, the exercise (without taking into account practice subject to the provisions of aggregate shares under new stock op­ any conditions or restrictions imposed § 201.78 and paragraphs (b) and (c) tions granted during an employer’s fiscal under the stock option or on the stock) of this section year shall not exceed 25 percent of the determined as follows: The excess of the aggregate shares (adjusted to reflect fair market value of the stock under op­ § 201.76 Slock options. stock splits and stock dividends) au­ tion at the time of exercise over the sum (a) Existing stock options. Stock op­ thorized for stock options but not of the option premium plus the fair mar­ tions granted to the employees in a plan granted during the life of the plan. ket value of the stock under the option unit in writing before the close of busi­ (d) New stock options under new at the time of the grant. The term ■■ op­ ness on December 16, 1971, under a stock plans. Any stock option plan which fails tion premium” means the value of the option plan adopted by an employer be­ to meet the requirements of paragraph stock option. Such value shall be an fore November 14,1971, may be exercised. (b) of this section shall be considered amount equal to 25 percent of the fa“ (b ) New stock options under existing as a new plan subject to the provisions market value of the stock under option ai plans— (1). Grant. New stock options of § 201.78. Except as provided in para­ the time of grant without taking into ac­ under a stock option plan adopted by an graphs (a) and (e) of this section, stock count any conditions or restrictions im­ employer before November 14, 1971, may options under such new plans shall be posed under the stock option or on tn be granted to the employees in a plan granted and exercised only under the stock. terms and conditions (including aggre­ unit under such stock option plan but § 201.77 Sales, commission, and produc­ only in writing provided that: (i) The gate shares granted) established by the tion incentive plans or practices. plan has been approved by the employ­ Pay Board. er’s stockholders pursuant to the provi­ (e) Stock options not otherwise de­ (a) In general— (1) Established sions of section 422(b) (1) of the Code; scribed in this section— (1) Grant. The or practices. Sales, commission, and pr°" (ii) the plan stipulates a maximum num­ grant of any stock option which is not duction incentive plans or practices m y ber of shares to be made available for (i) described in paragraph (a) of this continue to operate In accordance wi stock option grants; (iii) the option price section or (ii) granted under a plan their provisions provided such plans o

FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 RULES AND REGULATIONS 3361 practices were established and in effect or not currently) a plan or practice unit of such reorganization or merger, estab­ before November 14, 1971. Such plans or under the plan or practice replaced. lishes new executive compensation or practices are those which directly reflect (b) Modification or revision of exist­ sales, commission, or production incen­ the performance of the employee partic­ ing plans or practices. Except for a tive plans or practices, it shall, within ipant in the form of sales or production change described in § 201.77(b), an em­ the later of 90 days after such re­ output. Thus, for example, an incentive ployer may, without the approval of the organization or merger, or 90 days award related to profits is generally not Pay Board, modify or revise an incentive after February 15, 1972, file in report a sales, commission, or production in­ compensation or sales, commission, or form all such plans or practices with the centive plan or practice within the mean­ production incentive plan or practice Pay Board. The report filed shall dem­ ing of this section. which was either in existence before onstrate that the reorganization or (2) New plans or practices. An em­ November 14, 1971, was approved by the merger and establishment of such plans ployer having a sales, commission, or Pay Board pursuant to the provisions of or practices, were not for the purpose of production incentive plan or practice paragraph (c) of this section, or was circumventing the intent of the wage and described in § 201.78(c) (with respect to reported to the Pay Board pursuant to salary stabilization program, and are not new plans) and approved by the Pay the provisions of § 201.79 (a) or (b) only unreasonably inconsistent with the in­ Board pursuant to § 201.78 or described when such modified or revised plan or tent and purposes of the wage and sta­ in § 201.79 (a) or (b) (with respect to practice does not increase the aggregate bilization program or policies of the Pay new organizations) and reported to the amount of compensation that would Board. Pay Board pursuant to § 201.79 shall ad­ have otherwise been granted (whether (c) Changes in method or formula. minister such a plan or practice subject or not currently) a plan or practice unit After a plan or practice has been re­ to the provisions of paragraph (b) of under the plan or practice without tak­ ported pursuant to paragraph (a) or this section. ing such modification or revision into (b) of this section, any change in the (b) Changes in method of calculating account. Any other modification or re­ method or formula for calculating em­ earnings. Unless excepted pursuant to vision of a plan or practice shall be sub­ ployee earnings in a plan or practice § 201.80 (with respect to employee pro­ mitted to the Pay Board for prior unit after such report must be submitted ductivity incentive plans or practices), if approval. to the Pay Board for prior approval pur­ any change in the method of calculating (c) Adoption of new plans. An em­ suant to the provisions of § 201.78(c) the earnings of any employee in a plan or ployer may adopt a new incentive com­ (with respect to new or revised plans or practice unit under a plan or practice pensation or sales, commission, or pro­ practices) whether or not the aggregate described in paragraph (a) of this sec­ duction incentive plan or practice where amount of compensation paid to the tion results in an increase in the aggre­ one did not exist before November 14, covered plan or practice unit will be in­ gate amount of compensation of such 1971, only upon the prior approval of the creased, unless the plan or practice is ex­ plan or practice unit, the amount of such Pay Board. cepted pursuant to the provisions of increase shall be deemed to be an in­ (d) Rules with respect to plans or § 201.80 (with respect to employee pro­ crease in wages and salaries for the wage practices described in paragraphs (a ), ductivity plans or practices). year earned with respect to the covered ( b ) , or (c) of this section. A new plan or (d) Carryover of attributes. For pur­ plan or practice unit. Such increase shall practice adopted pursuant to paragraph poses of this subpart, a change in orga­ be apportioned to the appropriate em­ (a) or (C) of this section or a plan modi­ nizational form described in paragraph ployee units of the employees partici­ fied or revised pursuant to paragraph (b) (b) of this section shall not affect the pating in the plan or practice unit. The of this section shall comply with other applicable attributes of the employer, amount of such increase which shall be relevant sections of this subpart applica­ such as appropriate employee units, plan apportioned to each such appropriate ble to plans or practices in existence prior or practice units, or wage years. Such employee unit shall be determined as to Novmeber 14,1971. attributes shall be carried over by the follows: The number of employees in an employer undertaking such a change in appropriate employee unit who are par­ § 201.79 New organizations. form, unless otherwise clearly required ticipating in such a plan or practice unit (a) In general. Any business, enter­ by the organizational change. multiplied by a fraction, the numerator prise, partnership, corporation, associa­ § 201.80 Employee productivity incen­ of which is the amount of the increase tion, or any other organization organized tive plans or practices. and the denominator of which is the or established on or after November 14, number of employees in the plan or prac­ 1971, may establish executive compensa­ An employer seeking to establish an tice unit. tion or sales, commission, or production employee productivity incentive plan or incentive plans or practices provided practice which is designed to reflect di­ 8 201.78 New or revised plans or prac­ rectly increases in employee productivity tices. that within the later of 90 days after establishment of such business, enter­ shall, prior to such establishment, sub­ (a) Replacement of existing plans or prise, partnership, corporation, associa­ mit such plan or practice to the Pay practices. An employer may, without the tion, or other organization, or 90 Board for review and furnish proof that approval of the Pay Board, adopt a new days after February 15, 1972, all such payments or awards made pursuant to incentive compensation or sales, com- plans and practices shall be filed in re­ such plan or practice will directly re­ “nssion, or production incentive plan or port form with the Pay Board. The flect increased employee productivity. An Practice replacing such a plan or prac­ report filed shall demonstrate that the employer seeking to revise or modify an tice which has lapsed or terminated on establishment of the entity and such employee productivity incentive plan or account of the operation of time and plans or practices, were not for the pur­ practice which was established and in wnich was either in existence before pose of circumventing the intent of the effect before November 14, 1971, shall, 14, 1971, or was approved by wage and salary stabilization program prior to such revision or modification, , ? Boar<* pursuant to paragraph and are not unreasonably inconsistent submit such revised or modified plan or i of this section or was reported to the with the intent and purposes of the wage practice to the Pay Board for review, Board pursuant to § 201.79 (with and salary stabilization program or the unless such revision or modification re­ rhav^ new organizations) only when policies of the Pay Board. sults in, or will result in, no increase in «¡a«? new p^an or Practice (1) has the the aggregate amount of compensation essential terms and the same (b) Changes in organization form. If for the plan or practice unit, or unless lonnuia or method of computing the an employer doing business in a partic­ the increase in the aggregate amount of x amount compensation ular organizational form on Novem­ compensation for the plan or practice nte<1 the covered plan or practice ber 13, 1971, thereafter reorganizes and unit which results, or which will result, , f 2) does not increase the aggre- conducts its business in a different or­ from such revision or modification will hn amoun^ ° f compensation that would ganizational form or merges with an­ be offset by increased productivity. ve otherwise been granted (whether other business and, after and on account [FR Doc.72-2402 Filed 2-14-72; 10:11 am ]

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3362 Proposed Rule Making

D.C. 20250, within 30 days after publica­ (e) “Designated market” means an DEPARTMENT OF AGRICULTURE tion of this notice in the F ederal auction market designated by the Secre­ tary under section 5 of the Tobacco In­ Consumer and Marketing Service R eg ist e r . All written submissions made pursuant spection Act. [ 7 CFR Part 29 1 to this notice will be made available for (f) “Secretary” means the Secretary public inspection at the Office of the of Agriculture of the United States, or TOBACCO Hearing Clerk during regular business any officer or employee of the U.S. De­ hours (7 CFR 1.27(b)) . partment of Agriculture to whom author­ Extension of Inspection and Price Sup­ ity has heretofore been delegated, or to The policy statement and regulations port Services to New Markets and whom authority may hereafter be dele­ as proposed to be revised are as follows: to Additional Sales on Designated gated, to act in his stead. Markets Subpart A— Policy Statement and Regulations (g) “New market” means an auction Governing the Extension of Tobacco Inspection market, other than a designated market, Notice is hereby given that the De­ and Price Support Services to New Markets and at which inspection service under the to­ partment is considering revising Subpart to Additional Sales on Designated Markets bacco Inspection Act was not provided A— Policy Statement and Regulations Sec. on a regular basis during the preceding Governing the Extension of Tobacco In ­ 29.1 Definitions. marketing season. spection and Price Support Services to 29.2 Policy statement. (h) “Hearing Clerk” means the Hear­ New Markets and to Additional Sales on 29.3 Procedures for filing, hearing, and de­ ing Clerk of the U.S. Department of Agri­ Designated Markets (7 CFR Part 29). termination of applications. culture, Washington, D.C. 20250. The aforesaid policy statement and regu­ Authority : The provisions of this Sub­ (i) “Kind of tobacco” means any one lations are concurrent and identical part A issued under sec. 14, 49 Stat. 734, as of the following: Hue-cured, Burley, statements of agency policy and rules amended; sec. 4, 62 Stat. 1070, as amended, Fire-cured, Dark air-cured, Maryland or and regulations issued pursuant to the 7 U.S.C. 511m, 15 U.S.C. 714b. Interpret or Virginia sun-cured. authority of the Tobacco Inspection Act apply sec. 5, 62 Stat. 1072, secs. 101, 401, 403, (49 Stat. 731, 7 U.S.C., 511 et seq.) and 63 Stat. 1051, as amended, 1054 as amended, § 29.2 Policy statement. the Commodity Credit Corporation 15 U.S.C. 714c, 7 U.S.O. 1441, 1421, 1423. Inspection and price support services Charter Act (62 Stat. 1070, as amended, Subpart A— Policy Statement and currently provided in auction marketing 15 U.S.C. 714 et seq.) and the Agricul­ Regulations Governing the Exten­ areas are adequate and the lack of these tural Act of 1949, as amended (63 Stat. services is not a limiting factor to ac­ 1051; 7 U.S.C. 1421 et seq.). sion of Tobacco Inspection and Price celerated marketings or the extension of Statement of considerations. One of Support Services to New Markets price support to producers. Conse­ the proposed revisions would advance the and to Additional Sales on Desig­ quently, the extension of inspection and closing date for filing applications for nated Markets price support services, without limitation, additional services from the Hue-cured would not contribute to the effectuation and Burley areas. The new closing dates § 29.1 Definitions. of the purposes of either of these services. would be March 15 for Flue-cured and For purposes of this Subpart A, the The additional cost incident to the un­ July 15 for Burley. This would provide following terms shall have the following limited extension of these services would a more adequate timetable for scheduling meanings: be unjustifiable and excessive in relation and conducting hearings, consideration (a) “Additional sale” means an addi­ to the total quantity of tobacco available of evidence and arguments, and an- tional auction sale proposed to be con­ for market. Accordingly, inspection and noucing decisions prior to market open­ ducted on a designated market. price support services shall be made available on new markets and additional ings, especially where several applica­ (b) “Adequate set of buyers” means 5 tions must be considered. Other revisions sales only as hereinafter provided. Also, or more buyers representing 5 or more since these services shall be made avail­ would further define and clarify the time companies or buying organizations which and manner in which an application is able to new markets and additional sales either will use the tobacco in the manu­ only as herein provided, referenda inci­ to be filed, and the criteria to be con­ facture of tobacco products in this coun­ sidered in granting or denying such ap­ dent to market designations shall not be try or in foreign countries, or will pack conducted until auction markets seeking plications. Under present regulations an and sell the tobacco later for use by applicant is permitted to obtain an oral designation have qualified for inspection manufacturers in this country or foreign and price support services as herein hearing, at the location of the market, countries, and who could reasonably be provided. on the same application renewed every expected to purchase at least two-thirds (a) price year without limitation. This has re­ of the total U.S. production of the kind Reasonable inspection and The extension of to­ sulted, on occasion, in unwarranted ex­ of tobacco for which the additional serv­ support services. bacco inspection and price support serv­ penditures for hearings at which no new ices are requested. evidence was submitted. For this reason, ices to new markets and additional sal (c) “Auction market” means a mar­ it is proposed that no oral hearing be will be conditioned upon the reasonabi - keting center containing one of more held on an application which was denied ness of such services existing in the ma- the previous year, unless the application warehouses where tobacco is delivered keting area of the proposed new n?ar. contains a statement setting forth new by producers thereof, or their agents, for or additional sale. Transactions ui and substantial evidence of such changed sale by the auction process. There may bacco as conducted at auction mars circumstances as, in the opinion of the be one or more auction sales on an auc­ customarily involve the sale of tobacc review committee, would warrant the tion market. a bona fide auction sale. Determination holding of an oral hearing. (d) “Bona fide auction sale” and with respect to reasonableness, ana c Minor changes in the definitions of “auction sale” mean the buying and sell­ sequently with respect to granting § 29.1 are also proposed. ing of tobacco offered by producers by denying additional services, will be o All persons who desire to submit writ­ the auction process which customarily on evidence ( 1) that the prop0®6*1 ten data, views, or arguments for con­ and usually consists of an adequate set market or additional sale will fun sideration in connection with this of buyers; an auctioneer who takes each as a bona fide auction sale, and U) proposed revision may file the same in buyer’s bid; a sales starter who makes the additional services are justifiable in four copies with the Hearing Clerk, U.S. opening bid on each lot; and a ticket tion to other market data, ^1.clu^ g_rea Department of Agriculture, Room 112, marker who records the applicable sales volume of tobacco produced in tne A dministration Building, Washington, data on each lot. surrounding the proposed new marxe

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 PROPOSED RULE MAKING 3363 additional sale; the roads and road dis­ new markets and to additional sales on scribed verbatim. All oral testimony shall tances involved in moving tobacco to the designated markets shall be filed, in trip­ be under oath or affirmation. All docu­ proposed new market or additional sale licate, with the Hearing Clerk not later mentary exhibits shall be submitted in in relation to other tobacco marketing than March 15 in the case of Flue-cured triplicate by the person offering the same. centers; the relative availability or con­ tobacco, December 1 in the case of Mary­ The presiding officer shall, insofar as pos­ gestion of all facilities for redrying and land tobacco, and July 15 in the case of sible, exclude testimony and exhibits packing tobacco handled or to be han­ Burley and all other kinds of tobacco. which are irrelevant, immaterial, or not dled in the proposed new market or ad­ Applications should be addressed to of the sort upon which responsible per­ ditional sale; the location of other auc­ the Hearing Clerk, U.S. Department sons are accustomed to rely..-Cross-ex­ tion markets on which tobacco produced of Agriculture, Washington, D.C. 20250. amination shall be allowed only to the in the marketing area of the proposed Applications which are not received extent that the presiding officer in his new market or additional sale may be by the Hearing Clerk on or before discretion deems it desirable or neces­ marketed; the number of tobacco grow­ the foregoing cutoff date for the kind sary to develop the material facts. ers to be affected by the proposed new of tobacco shall be rejected as untimely (g) Briefs. I I requested at the hearing, market or additional sale; the volume filed. After denial of an application for the presiding officer shall fix a time, not of tobacco likely to be sold in the pro­ additional inspection and price support to exceed 20 days from the close of the posed new market or additional sale; services for a marketing season, no ap­ hearing, within which interested persons the relationship of sales in the pro­ plication from the same auction market may mail briefs to the Hearing Clerk. posed new market or additional sale to or proposed new market shall be con­ (h ) Certification and referral. As soon sales in other auction markets in the sidered for the next consecutive market­ as practicable following the close of the producing area for that kind of tobacco; ing season, unless the application con­ hearing, the presiding officer Shall certify and other economic factors affecting the tains a statement by the applicant setting the transcript of the proceedings at the marketing of tobacco, by growers, in the forth new facts that constitute evidence hearing together with all exhibits and marketing area of the proposed new mar­ of such a substantial change in condi­ shall transmit the same to the Hearing ket or additional sale and in the pro­ tions since the previous hearing as the Clerk for referral to a review committee ducing area for that kind of tobacco, review committee as specified in para­ comprised of the Administrator, Con­ including limitations on sales imposed by graph (h) of this section deems would sumer and Marketing Service, the Ad­ any marketing agreement and/or order, warrant such further hearing. ministrator, Commodity Stabilization or by any other means. (b) Form and content of application. Service, and a representative of the O f­ (b) Order of priority. If the Secretary The application shall be in writing, shall fice of the Secretary to be designated finds that there are insufficient qualified set forth the grounds for the application by the Secretary. tobacco inspectors available to service and shall be signed by the applicant or (i) Recommended action. The review adequately all applicants otherwise found applicants. If an applicant is a corpora­ committee shall review and consider the to be qualified for additional inspection tion, the application shall be executed by applications, hearing record, including service pursuant to this subpart for a a responsible officer of such corporation. exhibits, and all other available informa­ kind of tobacco, those applicants found The application shall include a statement tion and data relating to applications for to be eligible for additional services on of the name, address and form of busi­ each kind of tobacco and shall sub­ auction markets designated for free and ness organization of each party to the mit a recommendation thereon to the mandatory inspection shall be given application and the location of the pro­ Secretary. priority over applicants for additional in­ posed new market or additional sale. (j) Final decision. The Secretary shall spection, service on a fee'basis on other (c) Hearings on applications. Follow­ issue the decision on each application auction markets. If it becomes necessary ing the closing date for filing applications and such decision shall be final: to determine which of several qualified Pro­ for each kind of tobacco, a hearing or That any determination that ad­ applicants having an equal order of vided, hearings shall be held on the applica­ ditional services will be provided may be priority under the preceding sentence tions, if any, filed for additional inspec­ shall receive additional inspection and reconsidered and may be vacated if it is tion and price support services for the subsequently found that any material price support services, those auction sales kind of tobacco in question. Such hear­ or auction markets where the greatest fact upon which such determination was ing or hearings shall be scheduled to based was materially erroneous or false, number of growers needing such service begin within 50 days following the clos­ may be served with the qualified in­ or that the new market or additional ing date for such applications. Notice of sale in question is not functioning as a spectors shall have priority. If an appli­ hearing shall be issued by the Secretary, cation for an additional sale on a des­ bona fide auction sale. Such decision shall filed with the Hearing Clerk, and pub­ be filed with the Hearing Clerk who shall ignated market is denied for lack of lished in the F ederal R e g ister , and a qualified inspectors, the Secretary, on mail a true copy thereof, by certified mm.il, copy shall be mailed by the Hearing Clerk to the applicant. application from such market, may tem­ to each applicant. Such publication and porarily suspend the requirement of in­ mailing shall be not less than 5 days prior Done at Washington, D.C., this 9th day spection and certification on such market to the opening of the hearing. of February 1972. Pursuant to section 5 of the Tobacco In­ (d) Presiding officer. The presiding of­ E arl L . B tttz, spection Act. ficer at each such hearing shall be a Secretary. (c) Price support services to be Hearing Examiner of the Office of Hear­ [FR Doc.72-2230 Filed 2-14r-72;8:49 am ] through warehouses. Price support serv­ ing Examiners of the US. Department ices on any auction market will be offered of Agriculture or such other employee of through tobacco auction warehouses the Department of Agriculture as the 17 CFR Part 51 1 operating in such market, and, notwith- Secretary may designate to act as presid­ TOMATOES standmg any provision of this subpart, ing officer at such hearing. The presiding tne offering of price support services officer shall determine the order of pro­ Proposed Standards for Grade "«rough any auction warehouse located cedure at the hearing, shall have power Evaluation for Processing 1 on any auction market will be con- to administer oaths and affirmations, to itioned upon a qualified, responsible rule on and admit evidence, and, follow­ Notice is hereby given that the U S. arehouseman entering into an approved ing the opening of the hearing, to recess Department of Agriculture is consider­ uction warehouse contract under the the hearing to such other times and ing the revision of U.S. Standards for n-PPlicable tobacco price places as he deems desirable or Grade Evaluation of Tomatoes for Proc­ support program published at Part 1464 essing (7 CFR 51.3310-51.3318) and the of this title. necessary. (e) Scope of hearing and burden of ^ Procedures for filing, hearing, proof. Each applicant shall have the 1 Packing of the product in conformity and determination of applications. burden of presenting evidence relative with the requirements of these standards shall not excuse failure to comply with the F^me an& Place of filing. Applica- to the factors specified in § 29.2(a). provisions of the Federal Food, Drug and i0r extension of tobacco in­ Cf ) Record and evidence. The proceed­ Cosmetic Act or with applicable State laws action and price support services to ings at each such hearing shall be tran­ and regulations.

FEDERAL REGISTER. VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3364 PROPOSED RULE MAKING termination of U.S. Standards for Can­ Products, effective, March 1, 1933. meaning that the tomato is not water- ning Tomatoes (7 CFR 51.4240-51.4250) Changes are needed in the standards in soaked to the extent that it will lose more and U.S. Standards for Grades of view of present product handling and than 10 percent of its weight during the Tomatoes for Manufacture of Strained processing methods associated with the peeling or washing process. Tomato Products (7 CFR 51.4260- development of mechanical harvesting, (4) A “free from freezing” require­ 51.4267). These grade standards are is­ bulk handling, new cultural practices, ment would be provided in all categories, sued under authority of the Agricultural new varieties, and reduced use of hand meaning that the tomato is not frozen Marketing Act of 1946 (60 Stat. 1087, as labor in processing procedures. and does not show evidence of having amended; 7 U.S.C. 1621-1627), which Discussions and comments received been frozen. Tomatoes affected by any provides for the issuance of official U.S. from several processors who have par­ amount of freezing injury would be grades to designate different levels of ticipated in studies during the 1971 classed as “Culls”. quality for the voluntary use of pro­ season using the study draft, indicate (5) Tomatoes in “Category A” would ducers, buyers and consumers. Official there is considerable interest in using be required to be free from mold or decay grading services are also provided under the proposed standards during the com­ including Anthracnose. Tomatoes with this act upon request of any financially ing season as a basis for contracts with not more than two Anthracnose spots or interested party and upon payment of a growers. In order to provide the industry aggregating not more than three-eights fee to cover the cost of such services. ample time to study and apply these inch in diameter would meet the require­ All persons who desire to submit writ­ standards, a full crop season is being ments of “Category B ”. ten data, views, or arguments for con­ allowed for comments on the proposal. (6) Mold or decay other than An­ sideration in connection with the pro­ This also would provide the industry the thracnose would be restricted in “Cate­ posal should file the same, in duplicate, foundation for developing a sound and gory B ” to not more than 10 percent, by not later than November 30, 1972, with satisfactory purchasing system for raw weight, of the individual tomato. Mold the Hearing Clerk, U.S. Department of tomatoes based on the proposed or decay is defined as breakdown, dis­ Agriculture, Room 112, Administration standards. integration, or fermentation of the flesh Building, Washington, D.C. 20250, where The proposed standards provide an in­ of the tomato. Tomatoes with mold or they will be available for public review spection procedure for determining the decay that has penetrated the flesh would during official hours of business (7 CFR quality of raw tomatoes for processing be classed as “Category B ” or “Culls” 1.27(b)). based on two factors: depending upon the amount of waste Statement of considerations leading (1) Classification of defects into vari­ involved. to the proposed revision of the grade ous categories; and (7) Color evaluation by means of a USDA Tomato Colorimeter, unless other­ standards. The U.S. Standards for Grade (2) Optional color determination by wise specified, would provide a tomato Evaluation of Tomatoes for Processing use of either a color instrument or visual color index (TCI) of not less than 63.0, were issued in February 1964. Since that evaluation of individual fruit. based on a composite raw juice sample. time, there have been significant Following are the principal changes However, any tomato completely green changes in the harvesting, handling, and proposed: in color appearing in the color sample processing of tomatoes. At the request (1) Tomatoes would be classified for would be classed as a “Cull”. of the Agriculture Committee of the N a­ defects into three categories, A, B, and tional Canners Association a study Culls, depending on mold or decay and (8) A new format is provided to pre­ draft to consider revision of these stand­ other defects present. Color would be a sent in logical order the various require­ ards was prepared in June 1971. A full basic requirement in each category. How­ ments for a particular category. Also a crop season was allowed for study and ever, the method of determining color new Defect Classification Guide section testing with comments ending Decem­ would be optional and so specified in con­ would be provided to assist in evaluating ber 1971. Suggested changes in the draft tracts with growers, either by means of a defects. Both changes are designed to were based on discussions with growers color instrument or visual evaluation. promote more uniform application and and processors, in addition to observa­ (2) A calculation of total weights of better understanding of the standards. tions made by Inspection Service per­ Categories A and B would be provided to (9) The title would be changed from sonnel. Several processors conducted ex­ determine the “Percent Usable”. The U.S. Standards for Grade Evaluation of tensive studies during the 1971 season color and percent usable are combined Tomatoes for Processing to U.S. Stand­ using the study draft as a basis for de­ to give the grade of a representative ards for Grades of Tomatoes for termining the desirability of proposing sample. Processing. a revision of the tomatoes for processing (3) A new “fairly firm” requirement Following is a tabulation summarizing standards. would be provided in all categories, the proposed changes: Following the 1971 season, USD A’s Consumer and Marketing Service rep­ Factor Category A Category B Culls resentatives met with the Tomato Ad­ visory Committee of the American Firmness___ Fairly firm...... Fairly firm...... Water-soaked, soft, shriveled, or Agricultural Marketing Association and puffy, over 10 percent waste. the National Canners Ad Hoc Commit­ Any worm at­ Free from...... Free from...... 1 tached. VAffected tomatoes classed as culls. tee on Tomato Grading to discuss the Freezing----i ---- Free from...... Free from...... study draft and review the findings of Worm injury...... Free from...... Free from...... t . Anthracnose____ Free from...... Not more than 2 spots or aggregating More than 2 spots or studies conducted by several processors. not more than % inch diameter. more than % inch diameter. Consideration of comments from these Other molds or Free from...... Not more than 10 percent waste...... Over 10 percent waste. decays. committees as well as those from grow­ Any other defect Not over 10 per- Not more than 20 percent waste in- Over 20 percent waste, ers and processors and additional or combination cent waste. eluding not more than 10 percent of defects. changes suggested by the Department Attached stems. - Free from stems Free from stems over 1" in length__ Tomatoes with stems over 1 are reflected in the proposal. The pro­ over 1" in length. posed standards incorporate certain re­ length. Color: quirements from, and would supersede Subjective or Fairly well Fairly well colored.______Not fairly well colored. Objective. colored. Completely green fruit. the U.S. Standards for Canning Toma­ Unless otherwise specified (Raw juice index of not less than 63.0) toes, effective December 31, 1938; and U.S. Standards for Grades of Tomatoes A ’s + 76% of B’s=Percent usable. for Manufacture of Strained Tomato Culls 4- 25% of B’s=Percent waste;

FEDERAL REGISTER, V O L 37, NO. 31-—-TUESDAY, FEBRUARY 15, 1972 PROPOSED RULE MAKING 3365

The proposed standards, as revised, are preparation for processing causes a loss 0.034-inch mesh screen juice attach­ of not more than 10 percent, by weight, ment; 2 as follows: General of the tomato. (2) Each tomato in the color sample Sec. must show a definite change in surface §51.3312 Category B. 61.3310 General. color from green to tannish-yellow, pink, red, or a combination thereof; or Categories "Category B ” consists of tomatoes which meet the following requirements: (b) Each tomato shall be “fairly well 51.3311 Category A. (a) Basic requirements: 51.3312 Category B. colored.” (1) Fairly firm; and, (1) “Fairly well colored” means that Culls (2) Color: 51.3313 Culls. at least two-thirds of the flesh of the (i) Tomato color index (TCI) shall be tomato has good red color: Provided, P ercent Usable as specified in § 51.3316; or, That a tomato having flesh of a lighter 51.3314 Percent usable. (ii) Fairly well colored. (See shade of red shall be considered as Percent W aste § 51.3316.) “fairly well colored” if sufficient amount 51.3315 Percent waste. (b) Free from: of the flesh has a red color equivalent (1) Any worm attached; to that of a tomato with two-thirds good Color Evaluation (2) Worm injury; red color. 51.3316 Color evaluation. (3) Freezing; E x t r a n e o u s M a ter ial Extraneous M aterial (4) Stems over one inch in length; (5) Anthracnose when more than two § 51.3317 Extraneous material. 51.3317 Extraneous material. spots or aggregating more than a circle Definitions three-eighths inch in diameter; and, (a) Extraneous material is loose (6) Other mold or decay, or a combi­ stems, vines, dirt, adhering dirt, stones, 51.3318 Fairly firm. trash, and other foreign material. 51.3319 Worm injury. nation of other defects including mold or 51.3320 Mold or decay. decay, the removal of which in the (b) The amount of extraneous ma­ 51.3321 Freezing. preparation for processing causes a loss terial in any lot may be specified in con­ 51.3322 Green. of not more than 20 percent, by weight, nection with these standards. 51.3323 Defect classification guide. of the individual tomato; including D e f in it io n s Metric Conversion T able therein not more than 10 percent result­ ing from mold ox decay. § 51.3318 Fairly firm. 51.3324 Metric conversion table. “Fairly firm” means that the tomato C u l l s Authority : The provisions of this subpart is not water-soaked to the extent that Issued under secs. 203, 205, 60 Stat, 1087, as § 51.3313 Culls. amended, 1090 as amended; 7 U.S.C. 1622, it is so soft, shriveled or puffy that it 1624. “Culls” are tomatoes which fail to meet will lose more than 10 percent of its G e n e r a l the requirements of Category B and in­ weight during the peeling or washing cludes tomatoes which, when color evalu­ process. § 51.3310 General. ation is determined by means of a photo­ § 51.3319 Worm injury. (a) The standards contained in this electric instrument, are completely green. subpart apply to an inspection procedure “Worm injury” means any worm in­ for determining the quality of tomatoes P e r c e n t U sable jury that has penetrated through the for processing based on two factors: ( 1) § 51.3314 Percent usable. outer wall of the tomato. Color measurement by use of a photo­ “Percent usable” is a calculation of electric instrument (USD A Tomato § 51.3320 M old or decay. total weights of tomatoes in Category A, Colorimeter) or subjective visual color plus 75 percent of the weight of tomatoes “Mold or decay” means breakdown, evaluation of individual fruit; and, (2) in Category B. disintegration or fermentation of the classification of defects. Calculation of flesh of the tomato caused by bacteria percentages shall be on the basis of P e r c e n t W aste or fungi. weight C ategories § 51.3315 Percent waste. § 51.3321 Freezing. § 51.3311 Category A. “Percent waste” is a calculation of “Freezing” means that the tomato is total weights of Culls, plus 25 percent of frozen or shows evidence of having been “Category A ” consists of tomatoes the weight of tomatoes in Category B. which meet the following requirements: frozen. (a) Basic requirements: C o l o r E v a l u a t io n § 51.3322 Creen. (1) Fairly firm; and, (2) Color: § 51.3316 Color evaluation. “Green” means that the surface of the (i) Tomato color index (T C I) shall be Color shall be determined according to tomato is completely green in color. The as specified in § 51.3316; or, one of the following methods: shade of green color may vary from light (ii) Fairly well colored. (See (a) Unless otherwise specified, the to dark. § 51.3316.) tomato color index (TCI) of a composite (b) Free from: raw juice sample shall be not less than 3 The extractor and the USDA Tomato (1) Any worm attached; 63.0 as determined by means of a photo­ Colorimeter are commercially available. In­ (2) Worm injury; electric instrument (USDA Tomato formation on where they may be purchased (3) Freezing; Colorimeter). and additional details concerning them, may ^4) Stems over 1 inch in length; be obtained from the Fresh Products Stand­ (1) The raw juice used for the color ardization and Inspection Branch, Fruit and (5) Mold or decay; and, determination shall be extracted from a Vegetable Division, Consumer and Marketing <6> Any other defect or combination representative sample by means of a Service, U S . Department of Agriculture, defects, the removal of which in the USDA approved extractor fitted with a Washington, D.C. 20250.

FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3366 PROPOSED RULE MAKING

§ 51.3323 Defect classification guide. fice of the Hearing Clerk during regular business hours (7 CFR 1.27(b)). Waste Dated: February 10, 1972. Defect 10 percent 20 percent J o h n C. B ltjm, Deputy Administrator, Sunburn (thin superficial type)---- Extends not more than % inch from Extends not more than %A inch from Regulatory Programs. stem scar, and to not more than % stem scar, and around the circum­ of the circumference of a 2>6 inch ference of a inch tomato. [FR Doc.72-2260 Filed 2-14-72;8:51 am] tomato. (type of which penetrates outer Extends not more than % inch from Extends not more than % inch from wall). stem scar, and to not more than stem scar, and around the circum­ of the circumference of a 2 inch ference of a 2 % inch tomato. tomato. ^ . . . Worms and wormy injury...... Tomatoes with worms attached or with worm injury that has penetrated DEPARTMENT OF HEALTH, through the outer wall, or attached cocoons, shall be classed as “ Culls’ . Worms on the fruit but not attached, and loose worms shall be ignored. Insects__------Grasshoppers, crickets, spiders, or other insects on the tomatoes shall be dis­ regarded, but tomatoes injured by such insects shall be evaluated on a waste EDUCATION, AND WELFARE Food and Drug Adriiinistration Growth cracks..!...... -...... Badly discolored cracks which are not affected by mold or decay shall be evalu­ ated on a waste basis. Cracks affected by mold or decay which has penetrated the fleshy wall of the tomato shall be classed as “ CategoryB” , unless additional [ 21 CFR Part 121 1 defects make them “ Culls.” ' __ , Mechanical damage....:— £*'.----- Split, punctured, and leaky tomatoes shall be evaluated on a waste basis, in COPPER determining waste caused by leaky tomatoes consideration shall be given to the wide variation of locule size in different varieties. As a guide in estimating waste when a tomato is split, cracked, or leaking to the extent that only two Proposed Tolerance locules are exposed, with part or all of their contents missing, the tomato will not lose more than 10 percent of its Weight. If a tomato has more than two The Pesticides Tolerances Division of locules split or leaking and if the fruit will not lose more than 20 percent, it the Environmental Protection Agency shall be classed as “ Category B” unless additional defects caused it to be classed as a “ Cull” . . having evaluated data submitted in Gray wall, virus mottling, cloudy Fruit affected by such conditions shall not be handled on a waste basis. Presence three pesticide petitions: (PP 1F1071) spot, ghost spot, internal brown­ of such factors shall be evaluated from the standpoint of their effect on color filed by 3M Co., 3M Center, St. Paul, ing and irregular ripening. (See §51.3316). , „ . M N 55101; (PP 1F1073) filed by Cities Blossom end rot...... The initial stage of development, occurring as brown or silver discoloration of the skin, shall not be considered as decay. However if the fleshy wall of the Service Co., Post Office Drawer 8, Cran- tomato is affected it shall be classed as decay. bury, NJ 08512; and (PP 1F1093) filed by Sunscald. Affected areas show a darkened, soft watery condition of the flesh or areas slightly sunken with a tough outer wall which has a whitish yellow appear­ Phelps Dodge Refining Corp., 300 Park ance, shall be evaluated on a waste basis. Avenue, New York, N Y 10022, and other Freezing. Fruit affected by freezing injury develop a wide range of symptoms. Chief symptom of freezing injury is a glassy or water-soaked appearance of the relevant material, has determined that a fruit. Tomatoes affected by any amount of freezing injury shall be classed as food additive tolerance of 1 part per “ Culls” . million should be established for resi­ Mold or decay Tomatoes affected by mold or decay which has penetrated the flesh shall be classed as “ Category B” or “ Culls” depending upon the amount of waste. dues of copper in potable water. (For a related document, see this issue of the F ederal R eg ister , page 3352.) Such M etr ic C o n v e r s io n T able ing Agreement Act of 1937, as amended (7 U.S.C. 601-674). residues result from the use of the al- § 51.3324 Metric conversion table. On November 18,' 1971, the Adminis­ gicides or herbicides copper sulfate pen- Millimeters trative Committee met in Yuma, Ariz., tahydrate and basic copper carbonate Inches: (mm.) and voted 8 to 2 in favor of suspending (malachite) to control aquatic plants y8 equals;------3.2 the operations of the order for the cur­ in reservoirs, lakes, ponds, irrigation % equals------6. 4 rent season and closing the office on De­ ditches, and other potential sources of % equals______9. 5 cember 31, 1971. potable water. % equals------12. 7 The Reorganization Plan No. 3 of 1970, % equals______i------15. 9 The proposed suspension would be on % equals----,,------19.1 the basis that, in such circumstances, the published in the F ederal R egister of % equals______22. 2 provisions, listed below, do not tend to October 6, 1970 (35 F.R. 15623), trans­ 1 equals______25.4 effectuate the declared policy of the act. ferred (effective December 2, 1970) to iy2 equals------38.1 The proposal is to suspend, for the pe­ the Administrator of the Environmental 2 equals______50. 8 riod January 1, 1972 through August 31, Protection Agency the functions vested 2y2 equals______63. 5 1972, the operations of the following pro­ in the Secretary of Health, Education, visions of Order No. 909: and Welfare for establishing tolerances Dated: February 8, 1972. 1. Section 909.41 Assessments; for pesticide chemicals under sections G . R . G r ange, 2. Section 909.51 Recommendation for 406, 408, and 409 of the Federal Food, Acting Administrator. grade and size regulation; Drug, and Cosmetic Act, as amended 3. Section 909.52 Recommendation for (21 U.S.C. 346, 346a, and 348). [FR Doc.72-2172 Filed 2-14-72;8:45 am] regulation by minimum standards of Based on consideration given the data quality and maturity; submitted in the pesticide petitions an 4. Section 909.53 Issuance of regula­ other relevant material, it is concluo [ 7 CFR Pari 909 1 tions; that the proposed tolerance will prote 5. Section 909.60 Shipping manifest the public health. GRAPEFRUIT GROWN IN ARIZONA report; Therefore, pursuant to provisions o AND CERTAIN PARTS OF CALIFORNIA 6. Section 909.61 Disposition report; the act (sec. 409(d), 72 Stat. 1787, and U.S.C . 348(d)), the authority trans­ Proposed Suspension 7. Section 909.62 Other reports. ferred to the Administrator of the au Notice is hereby given that the De­ All persons who desire to submit writ­ vironmental Protection Agency (¿5 • ' 15623), and the authority delegated y partment is giving consideration to a ten data, views, or arguments in con­ the Administrator to the Deputy As® proposed suspension of the operation of nection with the aforesaid proposal should file the same, in quadruplicate, ant Administrator for Pesticides certain provisions of Order No. 909, as with the Hearing Clerk, U.S. Depart­ gram s (36 F.R. 9038) it is Proposed amended (7 CFR Part 909), regulating ment of Agriculture, Room 112, Admin­ P a r t 121 be amended by adding the handling of grapefruit grown in Ari­ istration Building, Washington, D.C. following hew section to Subpart zona; in Imperial County, Calif.; and in 20250, not later than the 15th day after § 121.1241 Copper. publication of this notice in the F ederal that part of Riverside County, Calif., A tolerance of 1 part per R eg ist e r . All written submissions made situated south and east of White Water, established in potable water for resid pursuant to this notice will be made Calif. This regulatory program is ef­ available for public inspection at the of­ of copper resulting from the use o fective under the Agricultural Market-

FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 PROPOSED RULE MAKING 3367

algicides or herbicides copper sulfate as they may desire. Communications Airport, extending from the 6-mile radius pentahydrate and basic copper carbon­ should be submitted in triplicate to the area to 8 miles northwest of the airport; ate (malachite) to control aquatic plants Director, Great Lakes Region, Attention: that airspace extending upward from 1200 feet above the surface within 9 % miles south in reservoirs, lakes, ponds, irrigation Chief, Air Traffic Division, Federal Avia­ and 4 % miles north of the 112° bearing ditches, and other potential sources of tion Administration, 3166 Des Plaines from the Ely Municipal Airport extending potable water. Avenue, Des Plaines, IL 60018. All com­ from the airport to 18 % miles southeast of Any person who has registered or sub­ munications received within 45 days after the airport, and within 9 % miles southwest mitted an application for the registration publication of this notice in the F ederal and 4 % miles north of the 305° bearing of an economic poison under the Federal R eg ister will be considered before action of the Ely Municipal Airport extending Insecticide, Fungicide, and Rodenticide is taken on the proposed amendment. No from the airport to 18% miles northwest public hearing is contemplated at this of the airport excluding the portion which Act containing any of the ingredients overlies the prohibited areas P-205 and listed herein may request, within 30 days time, but arrangements for informal con­ P-204. after publication hereof in the F ederal ferences with Federal Aviation Adminis­ Register, that this proposal be referred tration officials may be made by contact­ This amendment is proposed under to an advisory committee in accordance ing the Regional Air Traffic Division the authority of section 307(a) of the with section 408(e) of the act. Chief. Federal Aviation Act of 1958 (49 U.S.C. 1348), and of section 6 (c) of the Depart­ Interested persons may, within 30 days Any data, views, or arguments pre­ ment of Transportation Act (49 U.S.C. after publication hereof in the F ederal sented during such conferences must also 1655(c)). Register, file with the Objections Clerk, be submitted in writing in accordance Environmental Protection Agency, Room with this notice in order to become part Issued in Des Plaines, 111., on January 3175, South Agriculture Building, 12th of the record for consideration. The pro­ 20,1972. Street and Independence Avenue SW., posal contained in this notice may be R . O . Z ie g le r , Washington, DC 20460, written com­ changed in the light of comments Acting Director, ments (preferably in quintuplicate) re­ received. Great Lakes Region. A public docket will be available for garding this proposal. Comments may be [FR Doc.72-2206 Filed 2-14-72;8:47 am] accompanied by a memorandum or brief examination by interested persons in the in support thereof. Office of the Regional Counsel, Federal Aviation Administration, 3166 Des Dated: February 9,1972. Plaines Avenue, Des Plaines, IL 60018. ENVIRONMENTAL PROTECTION W il l ia m M. U p h o l t , Two new public use instrument ap­ Deputy Assistant Administrator proach procedures have been developed for Pesticides Programs. for the Ely Municipal Airport, Ely, Minn. AGENCY Consequently, it is necessary to provide [PR Doc.72-2215 Filed 2-14-72:8:47 ami [ 40 CFR Part 6 ] controlled airspace protection for air­ craft executing these new approach pro­ ENVIRONMENTAL IMPACT cedures by designating a transition area STATEMENTS at Ely, Minn. The new procedures will DEPARTMENT OF become effective concurrently with the Procedures for Preparation; designation of the transition area. Correction In consideration of the foregoing, the TRANSPORTATION The Environmental Protection Agen­ Federal Aviation Administration pro­ cy’s proposed procedures for the prepara­ Federal Aviation Administration poses to amend Part 71 of the Federal tion of environmental impact statements [1 4 CFR Part 71 ] Aviation Regulations as hereinafter set forth: on Agency actions affecting the environ­ [Airspace Docket No. 7 2 -G L-l ] ment were published in the F ederal R eg ­ In § 71.181 (37 F.R. 2143), the follow­ ist e r on January 20, 1972 (37 F.R. 879). TRANSITION AREA ing transition area is amended to read: The deadline for submission of written Proposed Designation El y , Min n . comments or suggestions concerning the That airspace extending upward from 700 preparation of final regulations is hereby The Federal Aviation Administration feet above the surface within a 6-mile radius changed from February 1,1972, to March is considering amending Part 71 of the of the Ely Municipal Airport (latitude 1, 1972. Federal Aviation Regulations so as to 47°49'26" N., longitude 91°49'45" W .); and designate a transition area at Ely, Minn. within 3 miles each side of the 112° bearing Dated: February 10, 1972. from the Ely Municipal Airport, extending Interested persons may participate in W il l ia m D. R u c k e l s h a u s , from the 6-mile, radius area to 8 miles south­ ifoe proposed rule making by subm itting east of the airport, and within 3 miles each Administrator. such written data, views, or arguments side of the 305° bearing from Ely Municipal [F R Doc.72-2236 Filed 2-14-72;8:49 am ]

So. SI- FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3368 Notices

place in my financial interests during the Signed at Washington, D.C., on Feb­ DEPARTMENT OF THE INTERIOR past 6 months: ruary 9,1972. E. J. P erson, (1) None. Bureau of Land Management (2) Disposed of holdings of Microdot. Deputy Vice President, Commodity Credit Corporation. NEVADA (3) None. (4) None. [P R Doc.72-2261 Piled 2-14r-72;8:51 am] Notice of Filing of Plat of Survey and This statement is made as of Janu­ Order Providing for Opening of ary 29,1972. Consumer and Marketing Service Lands Dated: January 31,1972. F e b r u a r y 7,1972. EGG PRODUCTS O t is B . H o c k e r . 1. The Plat of Survey of lands described Notice of Uniform Standards and [FR Doc.72-2222 Piled 2-14-72;8:48 am] below will be officially filed at the Nevada Origin Labeling State Office, Reno, Nev., effective 10 a.m., on March 14,1972: Correction WILLIAM R. REMALIA M ount Diablo Meridian, Nevada In F.R. Doc. 72-1881 appearing at page Statement of Changes in Financial T. 7 N., R. 26 E., 2897 of the issue for Wednesday, Feb­ Sec.25,N% . Interests ruary 9, 1972, in the 11th line of the first complete paragraph on page 2898, Containing 322.40 acres. In accordance with the requirements the word “amending” should read 2. The land is located in the foothills of section 710(b) ( 6) of the Defense Pro­ “meaning”. along the East Walker River. Soils vary duction Act of 1950, as amended, and from rocky clay on high country to sandy Executive Order 10647 of November 28, clay loam along the river bottom. Vegeta­ 1955, the following changes have taken Office of the Secretary tion consists of shadscale, budsage, sage­ place in my financial interests during the BLACKFEET INDIAN TRIBE IN brush, willow, buckthorn, sparse native past 6 months: MONTANA grasses, also scattered stands of pinon (1) None. and juniper. (2) None. Feed Grain Donations 3. The NW y4 said sec. 25 is'within the (3) None. Toiyabe National Forest. The NEVi said (4) None. Pursuant to the authority set forth in section 407 of the Agricultural Act of sec. 25 is classified for multiple-use man­ This statement' is made as of Jan­ agement which segregated the land from 1949, as amended (7 U.S.C. 1427), and uary 25,1972. applications under the agricultural land Executive Order 11336, I have deter­ laws, from sales under section 2455 of the Dated: January 25,1972. mined that: 1. The chronic economic distress of the Revised Statutes and from location, un­ W il l ia m R . R e m a lia . der the U.S. mining laws. needy members of the Blackfeet Indian 4. Subject to valid existing rights, the [FR Doc.72-2223 Piled 2-14-72;8:48 am ] Tribe located principally in the county provisions of existing withdrawals and of Glacier, Mont., has been materially classifications, and the requirements of increased and become acute because of applicable law, the lands are hereby earlier than usual snow covering causing opened to such applications and petitions DEPARTMENT OF AGRICULTURE loss of considerable grazing and aggra­ as may be permitted. All such valid ap­ Commodity Credit Corporation vated by heavy snowfalls, blizzards, and plications received at or prior to 10 a.m., subzero temperatures creating a serious on March 14,1972, shall be considered as LOUISIANA, MICHIGAN, UTAH, AND shortage of livestock feed. These lands simultaneously filed at that time. Those WYOMING are reservation or other lands designated for Indian use and are utilized by mem­ received thereafter shall be considered in Notice of Designation of Emergency order of filing. The land within the bers of the Indian Tribe for grazing Toiyabe National Forest has been and Areas for Purposes of the Livestock purposes. continues to be open to mining location. Feed Program 2. The use of feed grain or products Inquiries concerning these lands shall Notice is hereby given that, pursuant thereof made available by the Com­ be addressed to the Nevada State Office, to the provisions of section 407 of the modity Credit Corporation for livestock Bureau of Land Management, 300 Booth Agricultural Act of 1949, as amended (7 feed for such needy members of tne Street, Reno, NV 89502. U.S.C. 1472, 63 Stat. 1055), and the Act Tribe will not displace or interfere wit normal marketing of agricultural L eG rand B e n n io n , of September 21, 1959, as amended (sec­ Chief, Branch of tions 1-4, 73 Stat. 574), the Secretary commodities. Records and Data Management. of Agriculture has designated the coun­ Based on the above determinations, I hereby declare the reservation and S1®*” [P R Doc.72-2221 Piled 2-14-72;8:48 am] ties specified in this notice as emergency areas for purposes of the Livestock ing lands of this Tribe to be an acute Feed Program (7 CFR, Part 1475, as distress area and authorize the oona Office of the Secretary amended). Feed grains will be made of feed grain owned by the Commod y available for sale to livestock owners in Credit Corporation to livestockmen OTIS B. HOCKER such counties in accordance with the are determined by the Bureau of terms and conditions* in the regulations Affairs, Department of the Interior to Statement of Changes in Financial for such program. The designated coun­ needy members of the Tribe,1^t'1Lnrrl. Interests such lands. These donations by the oom ties are as fololws: modity Credit Corporation may com In accordance with the requirements Louisiana— Cameron, Franklin, and Richland of section 710(b) ( 6) of the Defense Pro­ mence upon signature of this notice Parishes; Michigan—Manistee and' Newaygo shall be made available through the duction Act of 1950, as amended, and Counties; Utah— Daggett, Grand, Rich, and ration of the existing emergency or Executive Order 10647 of November 28, San Juan Counties; and Wyoming—Carbon, 1955, the following changes have taken Lincoln, Sweetwater, and Uinta Counties. such other time as may be stated

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 NOTICES 3369 notice issued by the Department of BUCKEYE POWER, INC. and the Export Administration Act of Agriculture. 1969. The charging letter was served on Final Environmental Statement respondent and he filed an answer but Signed at Washington, D.C., on Feb­ did not request a hearing. ruary 10,1972. Notice is hereby given that the Rural Electrification Administration has pre­ The charging letter alleges in substance C lar en c e D. P a l m b y , pared a final environmental statement in that the firm Petroservice International Acting Secretary. accordance with section 102(2) (C ) of the Gkm.b.H (P S I) of Wiesbaden, West Ger­ [FR Doc.72-2259 Filed 2-14-72;8:51 am] National. Environmental Policy Act of many, was subject to an order denying 1969, in connection with loan applica­ ILS. export privileges; that respondent tions from the member systems of Buck­ knew or had reason to know of PSI’s Rural Electrification Administration eye Power, Inc., of Columbus, Ohio. The denied status; that notwithstanding BRAZOS ELECTRIC POWER loan funds, when available, together with such knowledge, the respondent between funds from other sources, are to finance December 1, 1969, and May 5, 1970, on 17 COOPERATIVE, INC. the construction of a 615,000-kw. electri­ occasions caused to be ordered U.S.-ori­ Draft Environmental Statement cal generating unit as an addition to the gin oil well drilling equipment for the ac­ generation station near Brilliant, Ohio. count of PSI and on four (of the said 17) Notice is hereby given that the Rural Additional information may be secured occasions caused the purchase and ship­ Electrification Administration has pre­ on request, submitted to Mr. James N. ment of such equipment for the account pared a draft environmental statement Myers, Assistant Administrator— Elec­ of PSI. The known total value of the in accordance with section 102(2) (C ) of tric, Rural Electrification Administra­ equipment ordered is alleged to be the National Environmental Policy Act tion, U.S. Department of Agriculture, $80,000, of which $25,000 was delivered of 1969, in connection with a loan appli­ Washington, D.C. 20250. The Final En­ for the account of PSI. It is further al­ cation from Brazos Electric Power Coop­ vironmental Statement may be examined leged that although respondent knew or erative, Inc., of Waco, Tex. This loan during regular business hours at the of­ had reason to know that PSI was the application will provide financing related fices of REA in the South Agriculture true party in interest he failed to dis­ to the construction of a 200,000-kw. gen­ Building, 12th Street and Independ­ close the fact to the Office of Export Con­ erating unit to be added at the existing ence Avenue SW, Washington, DC, Room trol or to obtain specific authorization to Palo Pinto Generating Station. 4322 or at the borrower address indi­ participate in said transactions. It is Additional information may be secured cated above. charged that respondent violated §§ 387.4 on request, submitted to Mr. James N. Final REA action with respect to this and 387.10 of the Export Control Regu­ Myers, Assistant Administrator— Elec­ matter (including any release of funds) lations and the provisions of the denial tric, Rural Electrification Administra­ may be taken after thirty (30) days, but order which prohibited parties from deal­ tion, U.S. Department of Agriculture, only after REA has reached satisfactory ing with a denied party. Washington, D.C. 20250. Comments are conclusions with respect to its environ­ The respondent's answer in substance particularly invited from State and local mental effects and after procedural re­ denies that he was instrumental in ex­ agencies which are authorized to develop quirements set forth in the National En­ porting commodities from the United and enforce environmental standards, vironmental Policy Act of 1969 have been States; he denies that he was aware of and from Federal agencies having juris­ met. or had been informed of PS I’s denied diction by law or special expertise with status and therefore was not subject to respect to any environmental impact Dated at Washington, D.C., this 9th day of February 1972. the restrictions as to dealings with de­ involved from which comments have not nied parties; he denies that he knowingly been requested specifically. D avid A. H a m il , caused to be ordered U.S.-origin oil well Copies of the REA Draft Environ­ Administrator, drilling equipment in contravention of mental Statement have been sent to var­ Rural Electrification Administration. _ the U.S. export control regulations; he ious Federal; State, and local agencies, [FR Doc.72-2232 Filed 2-14-72;8:49 am] denies that he was informed of the as outlined in the Council on Environ­ existence of the denial list and that PSI mental Quality Guidelines. The Draft was on the list; he alleges that he was Environmental Statement may be exam­ not informed that the equipment was of ined during regular business hours at the DEPARTMENT OF COMMERCE U.S.-origin; he admits that he knew or offices of REA in the South Agriculture had reason to know the PSI was the true Building, 12th Street and Independence Bureau of International Commerce party in interest; he claims that he had Avenue SW., Washington, DC, Room [Case 425] no reason to know that prior disclosure 4322, or at the borrower address indi­ of the facts had to be made to OEC and cated above. ROGER BINGHAM STEWART authorization obtained. Comments concerning the environ­ MACNAMARA There was an informal presentation of mental impact of the construction pro­ Order Denying Export Privileges documentary evidence before the Com­ posed should be addressed to Mr. Myers pliance Commissioner in support of the at the address given above. Comments In the matter Of Roger Bingham charges. The Compliance Commissioner must be received within thirty (30) days Stewart Macnamara, 52 Oakleigh Park considered the evidence and submitted to of the date of publication of this notice Drive, Leigh-on-Sea, Essex, England, the undersigned a report which summar­ to be considered in connection with the Respondent, Case No. 425. izes the evidence and includes findings of Proposed action. The Director of the Cpmpliance Divi­ fact and conclusions. He recommended Final REA action with respect to this sion (formerly called Investigations Divi­ the sanction that should be imposed. sion), Office of Export Control, issued a matter (including any release of funds) After considering the record in the charging letter against the above re­ case, I confirm and adopt the findings of will be taken only after REA has reached spondent on August 2,1971, alleging vio­ fact of the Compliance Commissioner, satisfactory conclusions with respect to lations of the regulations under the which are as follows: its environmental effects and after pro­ Export Control Act of 1949, as amended,1 F in d in g s o f F act cedural requirements set forth in the National Environmental Policy Act of 1 This act has been succeeded by the Export 1. The respondent Roger Bingham 1969 have been met. Administration Act of 1969, Public Law 91— Stewart Macnamara has resided in Lon­ 184, approved Dec. 30, 1969, 50 U.S.C. App. don, England and presently has an ad­ at Washington, D.C., this 9tl sec. 2401-2413. Section 13(b) of the new dress in a town near London. He has been oay of February 1972. Act provides, “All outstanding delegations, engaged principally in trading in steel rules, regulations, orders, licenses, or other and other metals; In connection with his D avid A. H a m il , forms of administrative action under the Ex­ port Control Act of 1949 * * * shall, until principal activities he was acquainted p Administrator, with Manfred Hardt of Wiesbaden, West uuraL Electrification Administration. amended or revoked remain in full force and effect, the same as if promulgated under this Germany and through him, in October I FR Doc.72-2231 Filed 2-14-72; 8:49 am] Act”. 1968, became acquainted with the firm

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3370 NOTICES

Petroservice International G.m.b.H. London to procure U.S.-origin oilfield tion, at least in his own mind, why PSI could (hereinafter P S I), also of Wiesbaden, equipment for PSI. As to these orders the not place orders directly with suppliers in respondent was the intermediary be­ London or manufacturers in the United and its general manager, Michael States. Equally, if not more important, is Schmidt-Sandler. tween PSI and the ordering firm and he the question why P S f would be willing to 2. By virtue of several orders and de­ participated in the preparation of said pay 12 y2 percent above cost price, when by terminations issued by the Director, 17 orders or knew their contents. The re­ dealing directly with the suppliers it could Office of Export Control and published spondent had numerous contacts with eliminate this surcharge. in the F ederal R e g ist e r , the firm PSI the suppliers with regard to prices, ship­ _ The respondent in two interviews with a and a predecessor firm by the same name ping dates, specifications, and quantities. representative of the Compliance Division furnished no answers to these questions. A since July 20, 1967 have been denied all 8. The respondent did not obtain au­credible explanation, which I accept, is that privileges of participating in transac­ thorization from the Office of Export respondent knew of PSI’s denied status and tions involving commodities or technical Control or any branch of the U.S. Gov­ was willing to furnish his services so that data exported or to be exported from ernment to participate in any of said PSI could evade the denial order. It is sig­ the United States. The said orders and transactions on behalf of PSI. nificant to note that the respondent has determinations are as follows: 32 F.R. admitted that after he learned that PSI was '9. At least 13 of the orders or commu­ a denied party, he participated in placing 11895, August 17, 1967; 33 FJEt. 3395, nications in connection therewith that February 27, 1968; 33 F.R. 5425, April seven orders for PSI to procure U.S.-origin came to respondent’s attention showed goods. 5, 1968; 33 F.R. 6487, April 27, 1968; that the goods were of U.S. origin. The I do not accept the respondent’s conten­ 34 F.R. 564, January 15, 1969; 34 F.R. respondent knew or had reason to know tion that he was not informed that the 5186, March 13, 1969; 35 F.R. 8707, June that the commodities involved in each equipment in question Was of U.S. origin. 4,1970. of the 17 orders were of U.S. origin. Inasmuch as the denial order against PSI restricted its participation in commodities 3. Section 387.10 of the Export Con­ 10. With respect to four of the above trol Regulations provides, in pertinent exported of to be exported from the United mentioned 17 orders oilfield equipment States, its need for an intermediary would part, that without prior authorization was exported from the United States and be limited to the procurement of U.S.-origin from the Office of Export Control no in accordance with instructions from commodities. This must have been obvious person, with knowledge that another PSI, conveyed through the ordering firm, to the respondent. Further, the evidence person is subject to an order denying were delivered to Rotterdam, Holland. shows that in at least 18 of the 17 orders, him export privileges, may participate or in communications in connection there­ 11. Practically all of the equipment in­ in transactions involving U.S.-origin with that came to respondent’s attention, volved in the 17 orders above referred to commodities with such denied person there was specific information to show that or whereby in such a transaction the would have required a validated license the commodities were of U.S. origin. for exportation from the United States I find that respondent knew that the denied person may obtain any benefit or equipment in question that was ordered for have any interest therein. The partici­ and applications for such licenses to East European destinations would probably PSI, some of which was delivered, was ex­ pation prohibited includes ordering, have been denied. ported or was to be exported from the United buying, selling, or delivering U.S.-origin States. commodities. The orders and determina­ Based on the foregoing, I have con­ Concerning the sanction that should tions mentioned in Finding 2 contain cluded: (1) That-the respondent violated be imposed the Compliance Commis­ similar provisions applicable specifically § 387.4 of the Export Control Regulations to the denied party PSI. in that he caused to be ordered, sold, and sioner said: 4. When respondent met Schmidt- delivered commodities exported and to The respondent actively participated in the procurement of strategic U.S.-origin com­ Sandler, the latter requested him to at­ be exported from the United States with knowledge that a violation of an order modities with knowledge that he was acting tempt to expedite delivery to PSI of for a party who had been denied U.S. export certain U.S.-origin oilfield equipment and regulations under the Export Ad­ ministration Act were intended to occur; privileges. He was successful in having ap­ which it had ordered from a supplier in proximately $25,000 worth of such commodi­ London. The respondent contacted said (2) that the respondent violated § 387.10 ties exported from the United States for supplier and had dealings with one of of the Export Control Regulations in that disposal by the denied party. He had placed its employees. On evaluating conflict­ without authorization from the Office of orders for other equipment valued at least in the amount of $55,000. The respondents ing evidence, I find that in the course of Export Control, and with knowledge that PSI was subject to an order denying ex­ role in these transactions was discussed these dealings said employee of the sup­ before these additional shipments were made.. plier informed respondent that PSI was port privileges, he participated in trans­ actions whereby he caused to be ordered The respondent’s participation in tbes® on the U.S. denial list. By enlisting the transactions was in willful violation of tne services of a different supplier in London for said PSI and caused to be sold and restrictions of the U.S. Export Contro the respondent was successful in having delivered for the account of PSI, com­ Regulations. . the equipment delivered to PSI in modities of U.S. origin in which transac­ As an appropriate sanction I recommena December 1968. tions PSI had an interest and obtained that the respondent be denied U.S. exp°n a benefit. privileges for 4 years and that his export 5. In December 1969 respondent was With respect to certain defenses raised privileges be restored conditionally after engaged by PSI to act as an intermediary years and that for the remainder of tne to procure oilfield equipment for it. It by respondent, the Compliance Commis­ denial period he be placed on probation. was agreed that he would receive a com­ sioner stated: Having considered the record in pc mission of 12Y2 percent above the list Respondent raised defenses on two essen­ case and the report and recommendation price of the equipment. The respondent tial elements of the violations: (1) He was of the Compliance Commissioner, ana did not have the financial standing to unaware of the denied status of PSI; (2) he being of the opinion that his recommen­ place orders with suppliers of such equip­ was not informed that the equipment in dation as to the sanction that should » ment and he arranged with a firm in question was of U.S. origin. imposed is fair and just and calculate London to have the orders placed through The evidence shows that in December 1968 to achieve effective enforcement oi tn it. The respondent agreed to share his the respondent was given a copy of the law: It is hereby ordered, , commission with the ordering firm. denial list on which the name of PSI ap­ I. All outstanding validated export peared and was told, in effect, that he should licenses in which respondent appears 6. The respondent has acknowledged be careful in his dealings with PSI in U.S.- participates, in any manner or capaci y> that between December 1, 1969, and origin goods. There is also evidence to show May 5, 1970, 30 orders were placed that again in March 1970 respondent was are hereby revoked and shall be rep P . through the ordering firm with various Informed of the denied status of PSI. The forthwith to the Bureau of International suppliers for equipment for PSI. The respondent denies having received this in­ Commerce for cancellation. respondent was not an employee of the formation or the list of denied parties. I H. Except as qualified in part IV ordering firm but he dealt with the sup­ cannot accept his denial. hereof, the respondent for a penod o As an Intelligent business man the re­ years from the effective date of this o pliers in the name of the firm. spondent must have known that there was 7. Evidence was introduced with re­ something questionable in PSI’s desire to is hereby denied all privileges of Parl spect to 17 orders placed by the ordering obtain goods through an intermediary. It cer­ pating, directly or indirectly, firm with four different suppliers in tainly must have occurred to him to ques­ manner or capacity, in any transaction

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 NOTICES 3371 involving commodities or technical data II hereof, no person, firm, corporation, to be used, is being manufactured in the exported from the United States, in partnership, or other business organiza­ United States. whole or in part, or to be exported, or tion, whether in the United States or Reasons: Examination of the appli­ which are otherwise subject to the export elsewhere, without prior disclosure to and cant’s thin sections under the electron regulations. Without limitation of the specific authorization from the Bureau of microscope will provide optimal informa­ generality of the foregoing, participation International Commerce, shall do any of tion when such sections are uniform in prohibited in any such transaction, either the following acts, directly or indirectly, thickness and have smoothly cut sur­ in the United States or abroad, shall in­ in any manner or capacity, on behalf of faces. Conditions for obtaining high clude participation: (a) As a party or as or in any association with the respond­ quality sections depend to a large extent a representative of a party to any vali­ ent or other persons denied export privi­ on the properties of the specimen being dated export license application; (b) in leges within the scope of this order, or sectioned (e.g., hardness, consistency, the preparation or filing of any export whereby said respondent or such other toughness, etc.), the properties of the license application or reexportation au­ persons may obtain any benefit there­ embedding media and the geometry of thorization, or document to be submitted from or have any interest or participa­ the block. In connection with a prior case therewith; (c) in the obtaining or using tion therein, directly or indirectly: (a) (Docket No. 69-00665-33-46500) which of any validated or general export license Apply for, obtain, transfer, or use any li­ relates to the duty-free entry of an or other export control documents; .(d) cense, Shipper’s Export Declaration, bill identical foreign article, the Department in the carrying on of negotiations with of lading, or other export control docu­ of Health, Education, and Welfare respect to, or in the receiving, ordering, ment relating to any exportation, reex­ (H E W ) advised that “Smooth cuts are buying, selling, delivering, storing, using, portation, transshipment, or diversion of obtained when the speed of cutting or disposing of any commodities or tech­ any commodity or technical data ex­ (among such Lother] factors as knife nical data; (e) in the financing, for­ ported or to be exported from the United edge condition and angle), is adjusted to warding, transporting or other servicing States, by, to, or for the respondent or the characteristics of the material being of such commodities or technical data.- other persons denied export privileges sectioned. The range of cutting speeds m. Such denial of export privileges within the scope of this order; or (b) and a capability for the higher cutting shall extend not only to the respondent, order, buy, receive, use, sell, deliver, store, speeds is, therefore, a pertinent charac­ but also to his representatives, agents, dispose of, forward, transport, finance, teristic of the ultramicrotome to be used and employees, and also to any person, or otherwise service or participate in any for sectioning materials that experience firm, corporation, or other business or­ exportation, reexportation, transship­ has shown difficult to section.” ganization with which he now or here­ ment, or diversion of any commodity or In connection with another prior case after may be related by affiliation, own­ technical data exported or to be ex­ (Docket No. 70-00077-33-46500) relating ership, control, position of responsibility, ported from the United States. to the duty-free entry of an identical or other connection in the conduct of foreign article, H EW advised that “ul­ Dated: February 7, 1972. v trade or services connected therewith. trathin sectioning of a variety of tissues IV. Two years after the effective date This order shall become effective on having a wide range in density, hardness hereof, without further order of the Bu­ February 16, 1972. etc.” requires a maximum range in cut­ ting speed and, further, that “The pro­ reau of International Commerce, the re­ R au e r H . M e y e r , duction of ultrathin serial sections of spondent shall have his export privileges Director, Office of Export Control. restored conditionally and thereafter for specimens that have great variation in the remainder of the denial period the [FR Doc.72-2182 Filed 2-14r-72;8:45 am] physical properties is very difficult.” The respondent shall be on probation. The foreign article has a cutting speed range of 0.1 to 20 millimeters/second (mm./ conditions of probation are that the re­ Office of Import Programs spondent shall fully comply with all re­ sec.). The most closely comparable quirements of the Export Administra­ CENTER FOR DISEASE CONTROL domestic instrument is the Model M T - tion Act of 1969, as amended, and all 2B ultramicrotome manufactured by regulations, licenses, and orders issued Notice of Decision on Application for Ivan Sorvall, Inc. (Sorvall). The Sorvall thereunder. Duty-Free Entry of Scientific Article Model M T-2B ultramicrotome has a cut­ ting speed range of 0.09 to 3.2 mm./sec. _ V. Upon a finding by the Director, O f­ The following is a decision on an appli­ We are advised by H EW in its memo­ fice .of Export Control or such other cation for duty-free entry of a scientific official as may be exercising the duties randum of December 17, 1971, that cut­ article pursuant to section 6 (c) of the ting speeds in excess of 4 mm./sec. are now exercised by him, that the re­ Educational, Scientific, and Cultural pertinent to the purposes for which the spondent has knowingly failed to comply Materials Importation Act of 1966 (Pub­ foreign article is intended to be used. With the requirements and conditions of lic Law 89-651, 80 Stat. 897) and We, therefore, find that the Model this order or with any of the conditions the regulations issued thereunder as M T-2B ultramicrotome is not of equiva­ of probation, said official with or with­ amended (34 F.R. 15787 et seq.). lent scientific value to the foreign article, out notice, by supplemental order may A copy of the record pertaining to this for such purposes as this article is in­ revoke the probation of said respondent, decision is available for public review tended to be used. revoke all outstanding validated export during ordinary business hours of the The Department of Commerce knows licenses to which said respondent may be Department of Commerce, at the Office of no other instrument or apparatus of a Party and deny to said respondent all of Import Programs, Department of equivalent scientific value to the foreign pr^ eses for the remaining pe­ Commerce, Washington, D.C. riod of the order. Such supplemental article, for such purposes as this article Docket No. 72-00006-33-46500. Appli­ order shall not preclude the Bureau of is intended to be used, which is being cant: DHEW, PHS, HSMA, Center for manufactured in the United States. international Commerce from taking Disease Control, 255 East Paces Ferry h ^ur^ er action for any violation as Road NE., Atlanta, GA 30305. Article: S e t h M . B o d n e r , it shall deem warranted. On the entry of Ultramicrotome, LK B 8800A. Manufac­ Director, a supplemental order revoking re­ turer: LK B Produkter A.B., Sweden. Office of Import Program. spondent’s probation without notice he Intended use of article: The instruments [FR Doc.72-2184 Filed 2-14-72;8:45 am] niay file objections and request that such will be used in research for ultrathin , r. ke set aside and may request an sectioning of plastic embedded virologic thn £earlng as Provided in § 388.16 of materials, including infected tissues, tis­ CHILDREN’S CANCER RESEARCH ® . xP°rt Control Regulations, but sue cultures, and autopsy specimens. FOUNDATION pending such further proceedings the Comments: No comments have been uer of revocation shall remain in effect. Notice of Decision on Application for received with respect to this application. , *• during the time when the respond- Decision: Application approved. No Duty-Free Entry of Scientific Article ... or other persons within the scope of instrument or apparatus of equivalent The following is a decision on an ap­ s order are prohibited from engaging scientific value to the foreign article, for plication for duty-free entry of a scien­ any activity within the scope of part such purposes as this article is intended tific article pursuant to section 6 (c) of

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3372 NOTICES the Educational, Scientific, and Cultural Electon microscope, Model H S -8. Manu­ during ordinary business hours of the Materials Importation Act of 1966 (Pub­ facturer: Hitachi, Ltd., Japan. Intended Department of Commerce, at the Office lic Law 89-651, 80 Stat. 897) and the use of article: The primary function of of Import Programs, Department of regulations issued thereunder as the article will be to provide instruction Commerce, Washington, D.C. amended (34 F.R. 15787 et seq.). in the basic technique of electron Docket No. 72-^)0007-33-46500. Appli­ A copy of the record pertaining to this microscopy and specimen preparation. cant: Medical University of South Caro­ decision is available for public review Students involved in the program of in­ lina, 80 Barre Street, Charleston, SC during ordinary business hours of the struction will be disadvantaged, physi­ 29401. Article: Ultramicrotome Model Department of Commerce, at the Office cally handicapped, and others. Courses LK B 8800A. Manufacturer: T.KTR Pro- of Import Programs, Department of include Introduction to Electron Micros­ dukter A.B., Sweden. Intended use of Commerce, Washington, D.C. copy, Techniques of Electron Microscopy, article: The article will be used to study Docket No. 72r-00017-33-90000. Appli­ Biological Applications of Electron Mi­ human and animal intestinal mucosa cant: Children’s Cancer Research Foun­ croscopy, and Electron Microscope Optics and liver to determine (a) the cellular dation, 35 Binney Street, Boston, M A and Theory. pathology in various disease and experi­ 02115. Article: Rotating anode X-ray Comments: No comments have been mental states, and (b) the distribution generator, Model G X -6. Manufacturer: received with respect to this application. of certain cellular enzymes during Elliot Automation Radar Systems Ltd., Decision: Application approved. No human and animal nutritional experi­ United Kingdom. Intended use of arti­ instrument or apparatus of equivalent ments. The article will also be used in cle: The foreign article will be used in scientific value to the foreign article for a course “Laboratory Research in Gas­ medical research on virus structure such purposes as this article is intended troenterology” for preclinical and clini­ studies. to be used, is being manufactured in the cal medical students. United States. Comments: No comments have been Comments: No comments have been received with respect to this application. received with respect to this application. Reasons: The applicant requires an electron microscope which is suitable for Decision: Application approved. No in­ Decision: Application approved. No instruction in the basic principles of elec­ strument or apparatus of equivalent instrument or apparatus of equivalent tron microscopy. The foreign article is a scientific value to the foreign article, for scientific value to the foreign article, for relatively simple, medium resolution such purposes as this article is intended such purposes as this article is intended electron microscope designed for confi­ to be used, is being manufactured in the to be used, is being manufactured in the dent use by beginning students with a United States. United States. minimum of detailed programing. The Reasons: Examination of the appli­ Reasons: The foreign article provides most closely comparable domestic instru­ cant’s thin sections under the electron a focused spot of minimal size and a ro­ ment is the Model EMU-4C electron microscope will provide optimal infor­ tating target for maximum X -ray power. microscope manufactured by the Forgflo mation when such sections are uniform W e are advised by the Department of Corp. The Model EMU-4C electron in thickness and have smoothly cut sur­ Health, Education, and Welfare (H E W ) microscope is a relatively complex in­ faces. Conditions for obtaining high in its memorandum dated November 19, strument designed for research, which quality sections depend to a large extent 1971, that both of the characteristics de­ requires a skilled electron microscopist on the properties of the specimen being scribed above are pertinent to the appli­ for its operation. W e are advised by the sectioned (e.g., hardness, consistency, cant’s research studies. H EW further Department of Health, Education, and toughness, etc.), the properties of the advises that it knows of no comparable Welfare (H E W ) in its memorandum embedding media and the geometry of domestic instrument that provides both dated September 10, 1971, that the rela­ the block. In connection with a prior of the pertinent characteristics of the tive simplicity of design and ease of case (Docket No. 69-00665-33-46500) article. operation of the foreign article is perti­ which relates to the duty-free entry of The Department of Commerce knows nent to the applicant’s educational an identical foreign article, the Depart­ of no other instrument or apparatus of purposes. ment of Health, Education, and Welfare equivalent scientific value to the foreign We, therefore, find that the Model (H E W ) advised that-“Smooth cuts are article, for such purposes as this article EMU-4C electron microscope is not of obtained when the speed of cutting is intended to be used, which is being equivalent scientific value to the foreign (among such [other] factors as knife manufactured in the United States. article for such purposes as this article edge condition and angle), is adjusted to the characteristics of the material be­ S e t h M. B o d n e r , is intended to be used. The Department of Commerce knows ing sectioned. The range of cutting Director, speeds and a capability for the higher Office of Import Programs. of no other instrument or apparatus of equivalent scientific value to the foreign cutting speeds is, therefore, a pertinent [FR Doc.72-2185 Filed 2-14-72; 8:45 am] characteristic of the ultramicrotome to article, for such purposes as this article is intended to be used, which is being be used for sectioning materials that ex­ manufactured in the United States. perience has shown difficult to section. EAST LOS ANGELES COLLEGE In connection with another prior case S e t h M . B o d n e r , Notice of Decision on Application for (Docket No. 70-00077-33-46500) relating Director, to the duty-free entry of an identical Duty-Free Entry of Scientific Article Office of Import Programs. foreign article, H EW advised that "ultra- The following is a decision on an ap­ [FR Doc.72-2186 Filed 2-14r-72;8:45 am] thin sectioning of a variety of tissues plication for duty-free entry of a scien­ having a wide range in density, hardness etc.” requires a maximum range in cut­ tific article pursuant to section 6 (c) of MEDICAL UNIVERSITY OF the Educational, Scientific, and Cultural ting speed and, further, that “The pro­ Materials Importation Act of 1966 (Pub­ SOUTH CAROLINA duction of ultrathin serial sections oi lic Law 89-651, 80 Stat. 897) and specimens that have great variation m Notice of Decision on Application for physical properties is very difficult. Tn the regulations issued thereunder as Duty-Free Entry of Scientific Article amended (34 F.R. 15787 et seq.). foreign article has a cutting speed rang of 0.1 to 20 millimeters/second (mm./ A copy of the record pertaining to this The following is a decision on an ap­ sec.). The most closely comparable do­ decision is available for public review plication for duty-free entry of a scien­ mestic instrument is the Model during ordinary business hours of the tific article pursuant to section 6 (c) of ultramicrotome manufactured by * Department of Commerce, at the Office the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub­ Sorvall, Inc. (Sorvall). The Sorvai of Import Programs, Department of Model M T-2B ultramicretome has a c i ­ Commerce, Washington, D.C. lic Law 89-651, 80 Stat. 897) and ting speed range of 0.09 to 3.2 mm./ Docket No. 71-00539-33-46040. Appli­ the regulations issued thereunder as We are advised by HEW in its memo cant: East Los Angeles College, Depart­ amended (34 F.R. 15787 et seq.). randum of December 30, 1971, that _ ment of Life Sciences, 5357 East Brook­ A copy of the record pertaining to this ting speeds in excess of 4 mm./sec. lyn, Los Angeles, CA 90022. Article: decision is available for public review

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 NOTICES 3373

pertinent to the purposes for which the tion of the foreign article is pertinent to intended to be used. We, therefore, find foreign article is intended to be used. the applicant’s educational purposes. We, that the Model EMU—4C was not of We, therefore, find that the Model M T - therefore, find that the Model EMU-4C equivalent scientific value to the foreign 2B ultramicrotome is not of equivalent electron microscope is not of equivalent article for such purposes as the article is scientific value to the foreign article, for scientific value to the foreign article for intended to be used. such purposes as this article is intended such purposes as this article is intended The Department of Commerce knows to be used. to be used. of no other instrument or apparatus of The Department of Commerce knows The Department of Commerce knows equivalent scientific value to the foreign of no other instrument or apparatus of of no other instrument or apparatus of article, for such purposes as this article is equivalent scientific value to the foreign equivalent scientific value to the foreign intended to be used, which was being article, for such purposes as this article article, for such purposes as this article manufactured in the United States and is intended to be used, which is being is intended to be used, which is being available at the time the foreign article manufactured in the United States. manufactured in the United States. was ordered. S eth M. B odner, Se t h M. B odner, S eth M. B odner, Director, Director, Director, Office of Im port Programs. Office of Import Programs. Office of Im port Programs. [PR Doc.72-2187 PUed 2-14-72;8:45 am] [PR Doc.72-2188 Piled 2-14-72;8:46 am] [PR Doc.72-2189 Piled 2-14-72;8:46 am]

MERCY HOSPITAL LABORATORY MICROBIOLOGICAL ASSOCIATION, PURDUE UNIVERSITY Notice of Decision on Application for INC. Notice of Decision on Application for Duty-Free Entry of Scientific Article Notice of Decision on Application for Duty-Free Entry of Scientific Article The following is a decision on an ap­ Duty-Free Entry of Scientific Article The following is a decision on an ap­ plication for duty-free entry of a scien­ The following is a decision on an ap­ plication for duty-free entry of a scien­ tific article pursuant to section 6 (c) of plication for duty-free entry of a scien­ tific article pursuant to section 6 (c) of the Educational, Scientific, and Cultural the Educational, Scientific, and Cultural tific article pursuant to section 6(c) Materials Importation Act of 1966 (Pub­ of the Educational, Scientific, and Cul­ Materials Importation Act of 1966 (Pub­ lic Law 89-651, 80 Stat. 897) and the reg­ lic Law 89-651, 80 Stat. 897) and the tural Materials Importation Act of 1966 ulations issued thereunder as amended regulations issued thereunder as amend­ (Public Law 89-651, 80 Stat. 897) and the ed (34 F.R. 15787 et seq.). regulations issued thereunder as amended (34F.R. 15787 et seq.). A copy of the record pertaining to this (34 F.R. 15787 et seq.). A copy of the record pertaining to this decision is available for public review A copy of the record pertaining to this decision is available for public review during ordinary business hours of the decision is available for public review during ordinary business hours of the De­ Department of Commerce, at the Office during ordinary business hours of the partment of Commerce, at the Office of Import Programs, Department of Com­ of Import Programs, Department of Department of Commerce, at the Office merce, Washington, D.C. Commerce, Washington, D.C. of Import Programs, Department of Docket No. 71-00595-33-46040. Appli­ Commerce, Washington, D.C. Docket No. 71-00620-33-90000. Appli­ cant: Mercy Hospital Laboratory, 1000 cant: Purdue University, Lafayette, Ind. Docket No. 71-00524-33-46040. Appli­ North Village Avenue, Rockville Centre, 47907. Article: Anode X -ray diffraction cant: Microbiological Association, Inc., NY 11570. Article: Electron microscope, system, Model G X -6. Manufacturer: El­ for National Cancer Institute, NIH, 4733 EM 9S-2. Manufacturer: Carl Zeiss, liott Automatic Radar Systems, Ltd., Bethesda Avenue, Bethesda, M D 20014. West Germany. Intended use of article: United Kingdom. Intended use of article: Article: Electron miscroscope, Model H U - The article will be used in the study of The article will be used in research anal­ diseases of the kidney, liver, bone mar­ 11E. Manufacturer: Hitachi, Ltd., Japan. yzing the detailed molecular structures of row, and tumor biopsies for the specific Intended use of article: The article nucleic acid, polysaccharides, globular Purpose of a more definite diagnosis of will be used to study ultrathin sections of proteins, and viruses. disease on ultrastructure. The article will normal and cancerous tissues, and tissue Comments: No comments have been also be used in a training program of culture cells; and negative stain prepara­ received with respect to this application. operation of the electron microscope and tions. These studies are being conducted Decision: Application approved. No in­ related techniques. for the express purpose of finding evi­ strument or apparatus of equivalent Comments: No comments have been dence of C-type particles and other virus scientific value to the foreign article, for with respect to this application. or virus-like particles that may be etio- such purposes as this article is intended Decision: Application approved. No in- logically related to oncogenesis. to be used, is being manufactured in the ov!^ent or aPParatus of equivalent sci- Comments: N o comments have been United States. va*ue the foreign article for received with respect to this application. Reasons: The foreign article provides a t/> viiPUrb0?es as this article is intended Decision: Application approved. No in­ focused spot of minimal size and a rotat­ as®d> is being manufactured in the strument or apparatus of equivalent ing target for maximum X -ray power. United States. scientific value to the foreign article, for W e are advised by the Department of The applicant requires such purposes as this article is intended Health, Education, and Welfare (H E W ) 25®°** micFosc°Pe which is suitable to be used, was being manufactured in in its memorandum dated November 19, ™ t lon in the basic principles the United States at the time the article 1971, that both of the characteristics de­ electron microscopy. The foreign art was ordered (November 9, 1970). scribed above are pertinent to the appli­ tin« i atively simple, medium res< Reasons: The foreign article has a cant’s research studies. H E W further ad­ cnnfiH®!e?tron microscope designed specified resolving capability of 3.5 ang­ vises that it knows of no comparable do­ a use by beginning students x stroms. The most closely comparable mestic instrument that provides both of mo^+nirT1Urri of detailed programing. 1 domestic instrument was the Model the pertinent characteristics of the strnLCl?S.ely c°mparable domestic EMU-4C electron microscope manufac­ article. ™ment is the Model EMU-4C elect tured by the Forgflo Corp. The Model The Department of Commerce knows ^croscopemanufactured by the Fc EMU-4C had a specified resolving capa­ of no other instrument or apparatus of micS*P' The Model EMU-4C elect bility of 5 angstroms. (The lower the equivalent scientific value to the foreign stnj e is a relatively complex numerical rating in terms of angstrom article, for such purposes as this article reauirp^ de,s^gne(i for research, wl units, the better the resolving capability.) is intended to be used, which is being for ito S a skUled electron microsco W e are advised by the Department of manufactured in the United States. Departm ^?^11' We are advised by Health, Education, and Welfare in its W e S r ^ ° fT He.alth’ Education, , memorandum dated September 3, 1971, S eth M. B odner, dated ~ /*P*W ) 111 *ts memoranc that the additional resolving capability Director, Office of Im port Programs. “ta W i«v i T rt15> 1#71’ « “ * the rela of the foreign article is pertinent to the city of design and ease of opt purposes for which the foreign article is [FR Doc.72-2190 Filed 2-14-72r8:46 am]

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3374 NOTICES

SOUTHERN ILLINOIS UNIVERSITY lic Law 89-651, 80 Stat. 897) and the UNIVERSITY OF TEXAS regulations issued thereunder as Notice of Decision on Application for amended (34 F.R. 15787 et seq.). Notice of Decision on Application for Duty-Free Entry of Scientific Article A copy of the record pertaining to this Duty-Free Entry of Scientific Article decision is available for public review The following is a decision on an ap­ The following is a decision on an ap­ during ordinary business hours of the plication for duty-free entry of a scien­ plication for duty-free entry of a scien­ Department of Commerce, at the Office tific article pursuant to section 6 (c) of tific article pursuant to section 6(c) of of Import Programs, Department of the Educational, Scientific, and Cultural the Educational, Scientific, and Cultural Commerce, Washington, D.C. Materials Importation Act of 1966 (Pub­ Materials Importation Act of 1966 (Pub­ Docket No. 71-00542-33-46040. Appli­ lic Law 89-651, 80 Stat. 897) and the lic Law 89-651, 80 Stat. 897) and the reg­ cant: University of Houston, Depart­ ulations issued thereunder as amended regulations issued thereunder as ment of Biology, 3801 Cullen Boulevard, amended (34 F.R. 15787 et seq.), (34 F.R. 15787 et seq.). Houston, T X 77004. Article: Electron A copy of the record pertaining to A copy of the record pertaining to this microscope, Model H S -8. Manufacturer: decision is available for public review this decision is available for public re­ Hitachi, Ltd., Japan. view during ordinary business hours of during ordinary business hours of the Intended use of article: The article Department of Commerce, at the Office the Department of Commerce, at the will be used to instruct graduate students Office of Import Programs, Department of Import Programs, Department of in electron microscopy and will carry the Commerce, Washington, D.C. of Commerce, Washington, D.C. burden of a sustained graduate research Docket No.: 71-00474-33-07520. Appli­ program in the area of biological ultra­ Docket No. 72-00003-33-90000. Appli­ cant : The University of Texas at Austin, cant: Southern Illinois University, De­ structure. The types of preparations to partment of Chemistry, Carbondale, HI. be examined are negatively stained prep­ Purchasing Office, Box 7306, University Station, Austin, T X 78712. Article: 62901. Article: Batch microcalorimeter, arations of viruses, bacteria, and various conversion kit, and two Perpex pumps. cellular isolates; shadow-cast prepara­ Anode X -ray diffraction generator. Man­ Manufacturer: LKB Produkter A3., tions of viruses and bacteria; both ufacturer: Elliot Automation Radar Sys­ Sweden. Intended use of article: The stained and unstained thin sections of tems Ltd., United Kingdom. Intended use article will be used to study a number of bacterial, plant and animal cells; and of article: The article will be used in biologically important systems. Projects ultracytochemical and autoradiographic research experiments to obtain X-ray concern the interactions of small mole­ studies which will also be performed with diffraction patterns from crystals of, cules with proteins, enzymes or other bacterial plant and animal cells. and/or solutions of the enzymes, pyru­ biological macromolecules; and macro- Comments: No comments have been vate dehydrogenase and a-ketoglutarate molecuar transformations accompanying received with respect to this application. dehydrogenase, which are large biological conformational changes in proteins, Decision: Application approved. No in­ molecules having dimensions over 200 lipids, and nucleic acids. strument or apparatus of equivalent angstroms. Comments: No comments have been scientific value to the foreign article, for Comments: No comments have been received with respect to this applica­ such purposes as this article is intended received with respect to this application. tion. to be used, is being manufactured in the Decision: Application approved. No in­ Decision: Application approved. No United States. strument or appartus of equivalent scien­ instrument or apparatus of equivalent Reasons: The applicant requires an tific value to the foreign article, for such scientific value to the foreign article, electron microscope which is suitable for purposes as this article is intended to be for such purposes as this article is in­ instruction in the basic principles of elec­ used, is being manufactured in the tended to be used is being manufac­ tron microscopy. The foreign article is a United States. tured in the United States. relatively simple, medium resolution elec­ Reasons: The foreign article provides Reasons: The foreign article is a tron microscope designed for confident a focused spot of minimal size and a microcalorimetric system capable of use by beginning students with a mini­ rotating target for maximum X-ray providing a sensitivity of 1 microcal­ mum of detailed programing. The foreign power. We are advised by the Depart­ orie per second on approximately 5 mili- article provides a holder for six speci­ ment of Health, Education, and Welfare liters of solution. W e are advised by the mens in vacuum. The most closely com­ (H E W ) in its memorandum dated No­ Department of Health, Education, and parable domestic instrument is the Model vember 19,1971, that both of the charac­ Welfare (H E W ) in its memorandum EMU-4C manufactured by Forgflo Corp. teristics described above are pertinent to dated July 16, 1971, that the capability The Model EMU-4C electron microscope the applicants’ research studies. HEW described above is pertinent to the pur­ is a relatively complex instrument de­ further advises that it knows of no com­ poses for which the article is intended signed for research, which requires a parable domestic instrument that pro­ to be used. H EW further advises that skilled electron microscopist for its oper­ vides both of the pertinent characteris­ it knows of no equivalent domestic in­ ation and does not provide a holder for tics of the article. strument being produced in the United six specimens in vacuum. We are advised The Department of Commerce knows States that provides the pertinent by the Department of Health, Education, of no other instrument or apparatus oi capability. and Welfare in its memorandum dated equivalent scientific value to the The Department of Commerce knows September 10, 1971, that the relative article, for such purposes as this article of no other instrument or apparatus of simplicity of design and a holder for six is intended to be used, which is being equivalent scientific value to the foreign specimens in vacuum is pertinent to the manufactured in the United States. article, for such purposes as this article applicant’s educational purposes. H EW S e t h M. B odner, is intended to be used, which is being further advises that the pertinent fea­ Director, manufactured in the United States. tures of the article are not matched in domestic instruments. We, therefore, find Office of Import Programs. S e t h M . B o d ner , that the Model EMU-4C electron micro­ [FR Doc.72-2193 Filed 2- 14- 72;8:46 am] Director, scope is not of equivalent scientific value Office of Import Programs. to the foreign article for such purposes [P R Doc.72-2191 Filed 2-14-72;8:46 am ] as this article is intended to be used. VETERANS ADMINISTRATION The Department of Commerce knows HOSPITAL, SAN DIEGO, CALIF. of no other instrument or apparatus of UNIVERSITY OF HOUSTON equivalent scientific value to the foreign Notice of Decision on Application Notice of Decision on Application for article, for such purposes as this article Duty-Free Entry of Scientific Article Duty-Free Entry of Scientific Article is intended, to be used, which is being manufactured in the United States. The following is a decision on ah P The following is a decision on an appli­ jlication for duty-free entry of a _scieuf S e t h M. B o d n e r , cation for duty-free entry of a scientific ;ific article pursuant to section o , Director, he Educational, Scientific, and C _ article pursuant to section 6 (c) of the Office of Im port Programs. Educational, Scientific, and Cultural Materials Importation Act of l»pb j Materials Importation Act of 1966 (Pub­ [P R Doc.72-2192 Filed 2-14-72;8:46 am] ic Law 89-651, 80 Stat. 897) ana

FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 NOTICES 3375

the regulations issued thereunder as W e are advised by H EW in its memo­ which relates to the duty-free entry of amended (34 F.R. 15787 et seq.). randum of December 17, 1972, that cut­ an identical foreign article, the Depart­ A copy of the record pertaining to this ting speed in excess of 4 mm./sec. are ment of Health, Education, and Welfare decision is available for public review pertinent to the purposes for which the (H E W ) advised that “Smooth cuts are during ordinary business hours of the foreign article is intended to be used. obtained when the speed of cutting Department of Commerce, at the Office We, therefore, find that the Model M T - (among such [other] factors as knife of Import Programs, Department of 2B ultramicrotome is not of equivalent edge condition and angle), is adjusted to Commerce, Washington, D.C. scientific value to the foreign article, for the characteristics of the material be­ Docket No. 72-00005—33-46500. Appli­ such purposes as this article is intended ing sectioned. The range of cutting cant: Veterans Administration Hospital, to be used. speeds and a capability for the higher 3350 La Jolla Village Drive, San Diego, The Department of Commerce knows cutting speeds is, therefore, a pertinent CA 19161. Article: Ultramicrotome Model of no other instrument or apparatus of characteristic of the ultramicrotome to LKB 8800A. Manufacturer: LKB Pro- equivalent scientific value to the foreign be used for sectioning materials that ex­ dukter AB, Sweden. Intended use of article, for such purposes as this article perience has shown difficult to section.” article: The article is intended to be used is intended to be used, which is being In connection with another prior case to produce serial sections of high quality manufactured in the United States. (Docket No. 70-00077-33-46500) relat­ ing to the duty-free entry of an identi­ which will be used in research concerned S e t h M. B o d n e r , with the elucidation of the mechanism of Director, cal foreign articlé, H EW advised that demyelination and remyelination by Office of Import Programs. “ultrathin sectioning of a variety of tis­ hymen and experimental diseases. The sues having a wide range in density, article will also be used in teaching elec­ [P R Doc.72-2194 Piled 2-14-72;8:46 am] hardness etc.” requires a m axim um tron microscopy of nerve tissue to medi­ range in cutting speed and, further, that cal and post graduate students. “The production of ultrathin serial sec­ VETERANS ADMINISTRATION tions of specimens that have great varia­ Comments: No comments have been HOSPITAL, BOSTON, MASS. received with respect to this application. tion in physical properties is very difficult.” The foreign article has a cut­ Decision: Application approved. No in­ Notice of Decision on Application for ting speed range of 0.1 to 20 millimeters/ strument or apparatus of equivalent sci­ Duty-Free Entry of Scientific Article second (mm./sec.). The most closely entific value to the foreign article, for comparable domestic instrument is the such purposes as this article is intended The following is a decision on an ap­ Model M T—2B ultramicrotome manu­ to be used, is being manufactured in the plication for duty-free entry of a scien­ factured by Ivan Sorvall, Inc. (Sorvall). United States. tific article pursuant to section 6(c) of the Educational,'Scientific, and Cultural The Sorvall Model MT—2B ultramicro­ Reasons: Examination of the appli­ Materials Importation Act of 1966 (Pub­ tome has a cutting speed range of 0.09 cant’s thin sections under the electron lic Law 89-651, 80 Stat.. 897) and the to 3.2 mm./sec. microscope will provide optimal infor­ We are advised by H EW in its memo­ mation when such sections are uniform regulations issued thereunder as amended (34 F.R. 15787 et seq.). randum of November 19, 1971 that cut­ in thickness and have smoothly cut sur­ A copy of the record pertaining to this ting speeds in excess of 4 mm./sec. are faces. Conditions for obtaining high pertinent to the purposes for which the quality sections depend to a large extent decision is available for public review during ordinary business hours of the foreign article is intended to be used. on the properties of the specimen being We, therefore, find that the Model sectioned (e.g., hardness, consistency, Department of Commerce, at the Office of Import Programs, Department of M T-2B ultramicrotome is not of equiv­ toughness etc.), the properties of the alent scientific value to the foreign ar­ embedding media and the geometry of Commerce, Washington, D.C. Docket No. 72-00004-33-46500. Appli­ ticle, for such purposes as this article the block. In connection with a prior case is intended to be used. (Docket No. 69-00665-33-46500) which cant: Veterans Administration Hospital, 150 South Huntington Avenue, Boston, The Department of Commerce knows relates to the duty-free entry of an iden­ of no other instrument or apparatus of tical foreign article, the Department of M A 02130. Article: Ultramicrotome, Model LKB 8800A. Manufacturer: T.t c b equivalent scientific value to the foreign Health, Education, and Welfare (H EW ) article, for such purposes as this article advised that “Smooth cuts a^re obtained Produkter A.B., Sweden. Intended use of article: The article will be used in re­ is intended to be used, which is being when the speed of cutting (among such manufactured in the United States. [other] factors as knife edge condition search experiments on the normal, and angle), is adjusted to the charac­ physiological behavior of cells and tis­ S e t h M . B o d n e r , teristics of the material being sectioned. sues in regard to the development of Director, The range of cutting speeds and a capa­ ataxia, tremor, and seizures. In addition, Office of Import Programs. bility for the higher cutting speeds is, variations in the behavior of cells and [F R Doc.72-2195 Filed 2-14-72;8:46 am] therefore, a pertinent characteristic of tissues under experimental and geneti­ the ultramicrotome to be used for sec­ cally induced pathological conditions will tioning materials that experience has be studied. shown difficult to section.” Comments: No comments have been DEPARTMENT OF HEALTH, In connection with another prior case received with respect to this application. (Docket No. 70-00077-33-46500) relat- . Decision: Application approved. No JQg to the duty-free entry of an identical instrument or apparatus of equivalent EDUCATION, AND WELFARE ioreign article, H EW advised that “ultra- scientific value to the foreign article, Food and Drug Administration for such purposes as this article is in­ /nn sectioning of a variety of tissues [Docket No. FDC-D-434] g a wide range in density, hardness tended to be used, is being manufactured H ' reQuires a maximum range in cut- in the United States. FORT DODGE LABORATORIES, INC. "hg speed and, further, that “The pro- Reasons: Examination of the appli­ Nolvapent; Notice of Drug Deemed Rn£Ji10n °* ultrathin serial sections of cant’s thin sections under the electron pecimens that have great variation in microscope will provide optimal infor­ Adulterated w 7 CaI pr°Perties is very difficult.” The mation when such sections are uniform An announcement concerning Nolva­ of i f article has a cutting speed range in thickness and have smoothly cut sur­ pent, Anesthetic Eye and Ear Ointment ser i tÍk ttuUimeters/second (mm./ faces. Conditions for obtaining high manufactured by Fort Dodge Labora­ • ei most closely comparable do­ quality sections depend to a large ex­ tories, Inc., Fort Dodge, Iowa 50501 was mestic instrument is the Model M T-2B tent on the properties of the specimen published in the F ederal R eg ister of mtramicrotome manufactured by Ivan being sectioned (e.g., hardness, consist­ May 5, 1970 (35 F.R. 7090). The an­ « m u , Inc. (Sorvall). The Sorvall Model ency, toughness, etc.), the properties of nouncement set forth the findings of the the embedding media and the geometry ultramicrotome has a cutting Food and Drug Administration follow­ of the block. In connection with a prior ing review of a report received from the peed ratige of 0.09 to 3.2 mm./sec. case (Docket No. 69-00665-33-46500) National Academy of Sciences-National

No. 31------5 FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3376 NOTICES

Research Council, Drug Efficacy Study coordinate, within the Department of CFR Parts 170.9 and 1710, amended by Group, that this product is probably not Housing and Urban Development and 36 F.R. 1329). effective for treatment of bacterial in­ with the Office of Emergency Prepared­ S ec. B. Authority to redelegate. Each fections of the eye and ear. ness, major-disaster relief functions of Regional Administrator, Deputy Re­ Said announcement provided the man­ the Department and as assigned by the gional Administrator, Area Director, ufacturer and all interested persons a 6- Director of the Office of Emergency Deputy Area Director, Insuring Office month period in which to submit new Preparedness, pursuant to Public Law 91- Director, and Insuring Office Deputy animal drug applications. Port Dodge 606 (42 U.S.C. 4401), Executive Order Director is authorized to redelegate to Laboratories, Inc., did not submit a new 11575, and regulations of OEP codified employees of the Department any of the animal drug application for the above in 32 CFR Parts 1709 and 1710, as authority redelegated in section A. product. amended by 36 P.R. 1329, January 29, Supersedure. This redelegation of au­ Based on the foregoing and the infor­ 1971. The Assistant Secretary is author­ thority supersedes the redelegation pub­ mation before him, the Commissioner of ized to utilize or lend the equipment, lished at 36 F.R. 1549, February 2, 1971. Pood and Drugs concludes that the above supplies, facilities, personnel and other (Secretary’s Redelegation and Delega­ named drug is adulterated within the resources of the Department in major- tion of Authority With Respect to Emer­ meaning of section 501 (a) (5) of the disaster areas as provided by law and gency Preparedness being published con­ Federal Pood, Drug, and Cosmetic Act directed by the Director of the Office of current herewith.) in that it is not the subject of an ap­ Emergency Preparedness. Effective date. This redelegation of proved new animal drug application S ec. D. Authority to redelegate. The authority is effective as of July 13,1971. pursuant to section 512 of the act. Assistant Secretary for Housing Man­ Therefore, notice is given to Port Dodge agement is authorized to: N orman V. W atson, Laboratories, Inc., and all interested 1. Redelegate to agencies and instru­ Assistant Secretary for persons that all stocks of said drug mentalities of the United States, and to Housing Management. within the jurisdiction of the act are officers and employees of the United [FR Doc.72-2199 Filed 2-14-72; 8:47 am] deemed adulterated within the meaning States, the functions set forth in sec­ of the act, and are subject to appropri­ tion A. ate regulatory action. 2. Redelegate to employees of the De­ This notice is issued pursuant to pro­ partment any of the authority set forth ATOMIC ENERGY COMMISSION visions of the Federal Food, Drug, and in section C. [Dockets Nos. 50—289, 50-320] Cosmetic Act (sec. 501(a)(5), 512, 52 Supersedure. The delegation of au­ Stat. 1049 as amended, 82 Stat. 343-51; thority under section C supersedes the METROPOLITAN EDISON CO. AND 21 U.S.C. 351(a)(5), 360b) and under delegation published at 36 F.R. 1548, JERSEY CENTRAL POWER & LIGHT the authority delegated to the Commis­ February 2, 1971. CO. sioner (21 CFR 2.120). (Sec. 7 (d) Department oi HUD Act (42 Amended Determination To Suspend Dated: February 7,1972s U.S.C. 3535(d)) and section 3012 of Execu­ tive Order 11490 (34 F.R. 17567)) Certajn Construction Activities S am D. P in e , Pending Completion of NEPA Envi­ Effective date. This delegation and re­ Associate Commissioner ronmental Review for Compliance. delegation of authority is effective as of July 13,1971. On December 7, 1971, the Director of [PR Doc.72-2220 Filed 2-14-72; 8:48 am] G eorge R o m n e y , Regulation of the Atomic Energy Com­ Secretary of Homing mission published in the F ederal R eg­ and Urban Development. ister, 36 F.R. 23264, a determination to [FR Doc.72-2200 Filed 2-14-72;8:47 am ] suspend construction activities involving DEPARTMENT OF HOUSING AND the off-site portion of the transmission lines for the Three Mile Island Nuclear URBAN DEVELOPMENT [Docket No. D-72-146] Generating Station, Unit 2, pending com­ [Docket No. D-72-147] REGIONAL ADMINISTRATORS, ET AL. pletion of such portions of an environ­ mental review under the Commission’s ASSISTANT SECRETARY FOR HOUSING Designation as Contracting Officer and regulations implementing the National MANAGEMENT Redelegation of Authority With Environmental Policy Act of 196» Redelegation and Delegation of Au­ Respect to Major-Disaster Field (NEPA), 10 CFR Part 50, Appendix D, as relate to these matters. As noted in thority With Respect to Emergency Functions the determination, the Director of Reg­ Preparedness S ection A. Designation and redelega­ ulation had served upon Metropolitan S ection A. Authority redelegated. The tion. Each Regional Administrator, Dep­ Edison Co. and Jersey Central Power & Assistant Secretary for Housing Man­ uty Regional Administrator, Area Direc­ Light Co. (licensees) an order to show agement and the Deputy Assistant Sec­ tor, Deputy Area Director, Insuring Office cause why the above-mentioned con­ retary for Housing Management are re­ Director, and Insuring Office Deputy struction activities involving the off-site delegated the functions assigned to the Director of the Department of Housing portion of the transmission lines for the Secretary of Housing and Urban Devel­ and Urban Development is designated a Three Mile Island Nuclear Generating opment by Executive Order 11490 (34 contracting officer, and is authorized to Station, Unit 2, should not be suspended F.R. 17567) including the preparation of enter into and administer procurement pending completion of the NEPA envi­ national emergency plans and the devel­ contracts within major-disaster areas ronmental review relating to these mat­ opment of preparedness programs cover­ under his jurisdiction, including the sale ters. Among other things, the order t ing all aspects of housing, community of emergency housing acquired pursuant show cause provided that the licensee facilities related to housing, and urban thereto to occupants, and to make re­ might, within thirty (30) days of tn development. lated determinations except determina­ date of the order, file a written answer the order under oath or affirmation. S ec. B. Effectuation. Any emergency tions under section 302(c) (11), (12), plans developed under the authority re­ and (13) of the Federal Property and On December 28, 1971, the licensees delegated in section A may be effectuated Administrative Services Act (41 U.S.C. filed a timely answer requesting that order to show cause be reconsidered. only in the event that authority for such 252(c) (11), (12), and (13 )), with re­ Upon consideration of the licensee effectuation is provided by law enacted spect to major-disaster relief functions by the Congress or by an order or di­ of the Department and as assigned by answer to the order to show cause, it been determined that the Director rective issued by the President. the Director, Office of Emergency Pre­ Regulation’s determination should S ec. C. Delegation of authority. The paredness, by Public Law 91-606 (42 Assistant Secretary for Housing Man­ U.S.C. 4401), Executive Order 11575 (36 modified so as to provide for the stmpe sion of construction activities invoivi agement is authorized to direct and to F.R. 37), and regulations of OEP (32

FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 NOTICES 3377

the off-site portion of only the Juniata [Docket No. 50-282] Draft, January 31 transmission line for the Three Mile Is­ Wheat, Feed Grain and Cotton Set-Aside land Nuclear Generating Station, Unit 2, NORTHERN STATES POWER CO. Programs provide for a set-aside of crop­ land if the Secretary determines that the pending completion of the NEPA envi­ Order Extending Provisional Construc­ ronmental review relating to these mat­ total supply of wheat, feed grain, car cot­ tion Permit Completion Date ton will likely be excessive. A condition of ters. The Director of Regulation has eligible for loans, purchases, and other served on the licensees an order suspend­ By application dated December 30, payments for cotton, wheat, or feed grain ing such construction activities. 1971, Northern States Power Co. re­ requires that producers on a farm must Further details of this amended deter­ quested an extension of the latest com­ set aside and devote to approved con­ mination are set forth in a document pletion date specified in Provisional Con­ servation uses a certain percentage of entitled “Supplement to Discussion and struction Permit No. CPPR-45. The per­ the commodity allotment for wheat or mit authorizes the construction of a pres­ cotton or the feed grain base. Additional Findings by the Division of Reactor Li­ payment on set-aside acreage is provided censing, U.S. Atomic Energy Commis­ surized water nuclear reactor designated if the producer agrees to permit public sion, Relating to Consideration of Sus­ as the Prairie Island Nuclear Generating access for hunting, trapping, fishing, and pension Pending NEPA Environmental Plant Unit 1 at the applicant’s ate north­ hiking. A pilot public access program Review of the Provisional Construction west of Red Wing, in Goodhue County, will be offered for 1972 in five counties Permits for the Three Mile Island Nu­ Minn. and 10 designated States. (ELR Order No. 1761, 25 pages) (NTIS Order No. PB - clear Generating Station, Units 1 and Good cause having been shown for this 206 158—D) 2, Metropolitan Edison Co. and Jersey extension pursuant to section 185 of the Water Bank Program provides incentive Central Power & Light Co., Dockets Nos. Atomic Energy Act of 1954, as amended, payments to landowners and operators 50-289 and 50-320,” dated February 4, and § 50.55(b) of 10 CFR Part 50 of the for conserving waters, preserving or im­ 1972. Commission’s regulations; It is hereby proving migratory waterfowl habitat and Any person whose interest may be af­ ordered, That the latest completion date other wildlife resources. Under the pro­ gram, long-term agreements are entered fected by this amended determination specified in Provisional Construction into with landowners or operators who other than the licensees may file a re­ Permit No. CPPR-45 is extended from agree to take certain actions to preserve quest for hearing within thirty (30) days February 1, 1972, to February 1,1973. designated wetlands areas for which the after publication of this amended deter­ Secretary agrees to make an anmmi mination in the F ederal R e g ist e r . Date of issuance: February 7, 1972. payment and bear a part of the cost of Such request shall set forth the matters For the Atomic Energy Commission. establishing and maintaining the needed with reference to the factors set out in conservation practices. (ELR Order No. F r a n k S chroeder, 1762, five pages) (NTIS Order No. P B - section E.2 of Appendix D alleged to war­ 206 159-D) rant a suspension determination other Deputy Director, than the amended determination made Division of Reactor Licensing. A t o m ic E n e r g y Co m m i s s i o n by the Director of Regulation and set [FR Doc.72-2181 Filed 2-14-72; 8:45 am ] Contact: For Nonregulatory Matters: Joseph forth the factual basis for the request. If J. DiNunno, Director, Office of Environ­ the Commission determines that the mental Affairs, Washington, D.C. 29545, matters stated in such a request warrant (202) 973-5391. For Regulatory Matters: Christopher L. a hearing, a notice of hearing will be COUNCIL ON ENVIRONMENTAL Henderson, Assistant Director of Regu­ published in the F ederal R eg ist e r . lation for Administration, Washington, Copies of (1) the licensees’ answer to QUALITY D.C. 20545, (202) 973-7531. the order to show cause, (2) a document Draft, January 27 entitled “Discussion and Findings by the ENVIRONMENTAL IMPACT Application of the Baltimore Gas & Elec­ Division of Reactor Licensing, U.S. STATEMENTS tric Co. for a license to operate the Atomic Energy Commission, Relating to Calvert Cliffs Nuclear Power Plant, Units Consideration of Suspension Pending Notice of Public Availability 1 and 2, Calvert County, Md. The waste NEPA Environmental Review of the Pro­ Environmental impact statements re­ heat during full power operation of the two units, about 3,500 m.w., will be visional Construction Permits for the ceived by the Council on Environmental dissipated by pumping about 5,500 c.f.s. Three Mile Island Nuclear Generating Quality January 31-February 4, 1972. of salt water from Chesapeake Bay Station, Units 1 and 2, Metropolitan Edi- N o t e : At the head of the listing of state­ through steam condensers, elevating the ments received from each agency Is the name water temperature 10° F (with a maxi­ Co. and Jersey Central Power and of an individual who can answer questions mum discharge temperature not exceed­ Light Co., Dockets Nos. 50-289 and 50- regarding those statements. ing 90° F) and returning the water di­ 320,” (3> the supplement there to re­ rectly to the Bay. (ELR Order No. 1760, D e p a r t m e n t op A g r icultur e 102 pages) (NTIS Order No. PB-206 fined to above, and (4) the order sus­ Contact: Dr. T. C. Byerly, Office of the Secre­ 179—D) pending construction activities involving tary, Washington, D.C. 20250, (202) 388- D e p a r t m e n t o p D e f e n s e e off-site portion of the Juniata trans- 7803. DEPARTMENT OP ARMY mission line are available for public in­ AGRICULTURAL stabilization a n d fection at the Commission’s Public CONSERVATION SERVICE Corps of Engineers Document Room, 1717 H Street NW „ Draft, February 2 Contact: Francis X. Kelly, Assistant for Con­ servation Liaison, Public Affairs Office, Washington, DC, and at the General Commitment of 25,700 acres to new con­ Office, Chief of Engineers, 1000 Inde­ ^blic Section, State Library of Penn­ tinental cane sugar production, Lower pendence Avenue SW., Washington, DC sylvania, Harrisburg, Pa. Copies of Items Rio Grande Valley, Cameron, Willacy, 20314, (202) 693-6346. Hidalgo, and Starr Counties, Tex. In­ ’ ’ an<* 4 “ ay be obtained upon request, volves construction of a raw sugar proc­ Draft, January 26 ressed to the U.S. Atomic Energy essing facility in the area. (ELR Order Perico Island, Manatee County, Fla. Ap­ No. 1777, 7 pages) (NTIS Order No. PB- plication of Curtiss-Wright Corp. for a oimnission, Washington, D.C. 20545, A t- 206 263—D) permit to dredge and fill to produce 370 f&hon: Director, Division of Reactor acres of upland and 92.4 acres of canals Licensing. SOIL CONSERVATION SERVICE from the former upland for develop­ Draft, January 25 ment. A total of 43.9 acres of submerged Dated at Bethesda, Md., this 7th day grass flats, 9 acres of mud flats, and 8.6 01 February 1972. Shoemaker River Watershed, Rockingham acres of intertidal flats and associated County, Va. Accelerated land treatment fauna will be covered by dredged ma­ por the Atomic Energy Commission. measures on 1,077 acres on farm and terial. Dredging will remove another 67.4 forest land and construction of four acres of submerged grass fiats, 15.5 acres L. M a n n in g M u n t z in g , floodwater retarding structures. Involves of mud flats, 516 acres of intertidal flats -Director of Regulation. loss of forest, wildlife habitat, and and 0.4 acre of coon oyster beds (ELR esthetic values. (ELR Order No. 1725, 21 Doc.72-2180 Filed 2-14-72; 8 :45 am] Order No. 1710, 22 pages) (NTTS Order pages) (NTTS Order No. PB-206 177-D) No. PB-206 105—D)

FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3378 NOTICES

F ederal P o w er C o m m is s io n Draft, January 19 Dog River, Mobile Bay, Ala. Dredging of a Kingstree Branch flood control project, new channel from 3,000 feet east of the Contact: Frederick H. Warren, Advisor on Black River Basin, Kingstree, S.C. En­ Mobile Bay Ship Channel to and up Dog Environmental Quality, 441 G Street largement of channel from confluence of River (26,200 feet) and spur channels NW „ Washington, DC 20426, (202) 386- Kingstree Branch and Black River up­ from the main channel to the mouths of 6084. stream 1.83 miles to the city limits. (ELR Perch and Halls Mill Creeks. Total Order No. 1715, 35 pages) (NTIS Order length is 7.8 miles. Spoils to be deposited Draft, January 3 Supplement to draft (August 17). Appli­ No: PB-206 109—D) on diked land areas and in open water. cations by Columbia LNG Co., Consol­ Draft, February 1 Filling of 30 acres of marsh will limit use by small mammals and birds. Com­ idated System LN G Co.,. Southern Bound Brook, Soituate, Mass. Snagging, ments made by DOC, EPA, HUD, DOI, Energy Co., and Southern Natural Gas clearing, and channel realignment and DOT, and Alabama State Development Co. for authorization to import Algerian widening for flood control 1,200 feet Office. (ELR Order No. 1726, 45 pages) liquefied natural gas (LN G ) and for cer­ upstream of Hunters Pond Dam. (ELR (NTIS Order No. PB-206 176-F) tificates of public convenience and Order No. 1767, 31 pages) (NTIS Order Final, January 28 necessity authorizing construction and No. PB-206 266—D) Zumbro River, Wabasha County, Minn. operation of facilities for the unloading Draft, February 2 Flood protection by channel modifica­ and handling of imported LNG volumes. Big Sioux River at and in the vicinity of tion on 3 miles of the river from Kellogg Dockets Nos. CP71-68, CP71-151, CP71- Sioux City, Iowa, and North Sioux City, to the mouth. Will change or eliminate 153, CP71-264, CP71-276, CP71-289, and S. Dak. Flood protection by channel en­ 1.3 miles of stream. Comments made by CP71-290. (ELR Order No. 1616, 297 largement and bank stabilization for 5.5 USDA, EPA, DOI, and Minnesota De­ pages) (NTIS Order No. PB-206 255) miles. Downstream of the interstate partment of Natural Resources. (ELR G e n e r a l S ervices A dministration highway, flow will be diverted directly Order No. 1727, 50 pages) (NTIS Order Contact: Rod Kreger, Acting Administrator, to the Missouri River, entering the river No. PB—201 851—F) GSA—AD, Washington, D.C. 20405, (202) 7,500 feet upstream from its present lo­ New Bedford and Falrhaven Harbor, Mass. cation. W ill eliminate 25 acres of wild­ 343-6077. Improvement of navigation by widening Alternate Contact: Aaron Woloshin, Di­ life habitat. (ELR Order No. 1770, 39 one section of the channel, deepening pages) (NTIS Order No. PB-206 261-D) rector, Office of Environmental Affairs, another section and extending the chan­ GSA-AD, Washington, D.C. 20405, (202) Draft, January 26 nel. Comments made by DOC, DOI, Mas­ 343—4161. Chowan River, N.C.-Blackwater River, Va. sachusetts Department of Natural Re­ Final, February 1 Improvement of navigation by dredging sources and city of New Bedford. (ELR Disposal cf Birdsboro Army Tank-Automo­ three cutoff channels on the two rivers, Order No. 1728, 25 pages) (NTIS Order tive Steel Foundry, Berks County, Pa., at Riddicksville, Cherry Grove, and No. PB—203 156—F) by negotiated sale to the Greater Berks Georges Bend. Involve» loss of terrestrial Manitowoc Harbor, Manitowoc City and Development Fund for lease to the Birds­ wildlife habitat and creation of an County, Wis. Improvement of navigation boro Carp. Comments made by EPA. aquatic habitat. (ELR Order No. 1771, by extending channel upstream for 720 (ELR Order No. 1772, 7 pages) (NTIS 4 pages) (NTIS Order No. PB-206 258-D) feet. Comments made by EPA, DOI, Order No. PB-204 098-F) Final, January 27 DOT, Wisconsin Department of Natural D e p a r t m e n t o p I n t e r io r Revised final statement (April 15). Trum­ Resources, Wisconsin Department of Local Affairs and Development, and city bull Lake, Pequonnock River, Conn. Contact: Office of Communications, Room Flood protection by construction of con­ of Manitowoc. (ELR Order No. 1730, 25 7214, Washington, D.C. 20240, (202) 343- pages) (NTIS Order No. PB-202 843-F) crete dam and storage reservoir extend­ 6416. ing 2.5 miles up the Pequonnock River. Stuart Gulch Dam, Idaho. Flood control . BUREAU OF RECLAMATION W ill inundate 200 acres of land, involve by construction of an earthfill dam. loss of a valley with pools and rapids, W ould cover 194 acres of land. Com­ Draft, January 26 result in loss of stream fishing and cause ments made by USDA, EPA, DOI, five South Gila Valley, Colorado River front relocation of 30 families. Comments State offices, city of Boise, and Ada work and levee system, Yuma County, made by EPA, DOI, five State agencies County Commissioners. (ELR Order No. Ariz. Concrete lining of main outlet and the town of Trumbull. (ELR Order 1737, 25 pages) (NTIS Order No. PB-198 drain (8 miles long) to prevent seepage No. 1704, 37 pages) (NTIS Order No. 722—F) of saline water into the Gila River Pilot PB-206 104—F) Libby Dam and Lake Koocanusa, Kottenai Channel and the groundwater table of Aquatic plant control program, Hudson River, Mont. Flood control as a part of a the valley. (ELR Order No. 1706, 25 and Mohawk Rivers, N.Y. Control and multipurpose project included in the pages) (N T IS Order No. PB-206 102-D) Palmetto Bend Dam, Navi dad River, Jack- progressive eradication of waterchestnut International Water Resource Develop­ in and from the waters within the two son County, Tex. Construction of an ment Plan of the Columbia River Basin rivers by spraying with 2,4-D. Comments earthfill dam with a concrete spillway. (United States and Canada), under con­ made by USDA-, EPA, New York Depart­ W ill inundate 11,300 acres, change 40 ment of Environmental Conservation, struction since 1966. Consists of com­ miles of the river and tributaries to im- and New York Department of Health. pleting dam (scheduled for flood con­ pounded and regulated streams, change (ELR Order No. 1707, 18 pages) (NTIS trol storage by 1973), constructing a the fresh water inflow to Matagorda Estuary and displace nine families. (ELR Order No. PB-2O0 003-F) powerhouse on the west bank with four Order No. 1719, 27 pages) (NTIS Order Long Branch-Lake, East Fork, Little Chari­ 105,000-kw. generators, etc. Surface area ton River, Macon County, Mo. Flood pro­ No. PB-206 113—D) of lake: 46,500 (28,850 in United States, tection by construction of an earthfill Draft, January 27 Pueblo Dam and Reservoir, Fryingpan- dam and lake. W ill inundate 2,430 acres 17,650 in Canada). Comments made by Arkansas Project, Colo. Construction of a of land and eliminate 14 miles of the USDA, DOC, FPC, HEW, DOI, DOT, dam and reservoir for storage and regu­ East Fork and associated habitat. Com­ Bonneville Power Administration, four lation of water supplies, flood control, ments made by USDA, EPA, DOI, four Montana State offices, two Idaho State recreation, and regulation and storage o State agencies. American Fisheries So­ offices, and town of Rexford. (ELR Order project water and the native flows of tn ciety, and Wildlife Society. (ELR Order No. 1739, 50 pages) (NTIS Order No. PB- Arkansas River. Construction begun No. 1721, 33 pages) (NTIS Order No. 200 538-F) • 1970. W ill inundate 4,646 acres of lanci PB—201 518—F) Final, February 2 and 9 miles of natural river. (ELR Order Red River of the North, Oslo, Marshall No. 1723, 74 pages) (NTIS Order no. County, Minn. Flood control improve­ Chief Joseph Dam additional units, Co­ PB-206 272—D) ment by improving a levee and con­ lumbia River, Wash. Construction of 11 Draft, January 31 . . ... structing interior drainage facilities and additional units to increase the hydrau­ Deep geothermal test well, geotherma street and road ramps. W ill drain a 25- lic capacity and peak power producing source investigations, Imperial va acre marsh, alter 313 acres of wildlife capacity of the dam. Will inundate 500 Calif. Drilling of a geothermal test w between 4,000 feet and 8,000 feet in t habitat by removal of trees and necessi­ acres of land. Comments made by DOC, East Mesa area to recover ^steam an ^ DOI, three State offices, Northwest Steel- tate relocation of six houses. Comments brine to determine its suitability fQF made by USDA, HEW, DOI, Minnesota headers Council of Trout Unlimited, and velopment of desalted water and ® . Department of Natural Resources, and interested citizens. (ELR Order No. 1776, power. Involves stripping and village of Oslo. (ELR Order No. 1724, 32 46 pages) (NTIS Order No. PB-199 10 acres. (ELR Order No. 1754, lo pages) (NTIS Order No. PB-204 943-F) 458-F) (N T IS Order No. PB-206 161-D)

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 NOTICES 3379

bureau of sport f is h e r ie s a n d w il d l if e D e p a r t m e n t o f T ransportation Draft, January 28 Draft, January 26 Contact: Martin Convisser,1 Director, Office U.S.-169: Miami and Johnson Counties, Legislative proposal to designate as wilder­ of Program Coordination, 400 Seventh Kans. Construction from 1 mile south ness 5,577 acres of the Lostwood National Street £W., Washington, DC 20590, (202) of the Johnson-Miami County line to I- Wildlife Refuge, Burke and Mountrail 462-4357. 35 (8.5 miles). 4(f) determination will Counties, N. Dak. (ELR Order No. 1705, be required, depending on the route 18 pages) (NTTS Order No. PB—206 FEDERAL AVIATION ADMINISTRATION selected. Involves displacement of people 103-D)' Draft, January 25 and severance of property. Project 169- Legislative proposal to designate as wilder­ Schoolcraft County Airport, Mich. Expan­ 61 F 081-1(16) and 169-46 F 081-1(14). (ELR Order No. 1732, 72 pages) (NTIS ness 4,155 acres of the Chase Lake Na­ sion by construction of runway, taxiway, Order No. PB-206 170-D) tional Wildlife Refuge, Stutsman County, and apron; runway extension; reloca­ Draft, January 27 N. Dak. (ELR Order No. 1708, 18 pages) tion of road; relocation of beacon and U.S.-54: Augusta, Butler County, Kans. (NTIS Order No. PB-206 112-D) lighting controls; etc. (ELR Order No. Improvement to four lanes from 400 feet 1711, 32 pages) (NITS Order No. PB- Legislative proposal to designate as wilder­ west of Walnut Street to the west end of 206 106—D) ness seven islands of the San Juan the Walnut River Bridge. Will displace Springfield Municipal Airport, Brown Archipelago, San Juan and Skagit Coun­ residences and businesses. Project (SF) County, Minn. Development of a new ties, Wash. (ELR Order No. 1709, 15 54-8 U—038-(23, 24). (ELR Order No. airport, including construction of a run­ pages) (NTIS Order No. PB-206 110-D) 1733, 25 pages) (NTIS Order No. PB-206 Legislative proposal to designate as wilder­ way, connecting taxiway, apron, and tie­ 168—D) ness 3,000 acres of the Blackbeard Island down area. (ELR Order No. 1718, 15 Draft, January 28 pages) (NTIS Order No. PB-206 107-D) National Wildlife Refuge, offshore from Big Bend Road: Kirkwood, St. Louis McIntosh County, Ga. (ELR Order No. Goldsby Airport, Norman, McClain County, , County, Mo. Relocation between 1-244 1714, 21 pages) (NTIS Order No. PB-206 Okla. Reconstruction, realignment, and and Marshall Road and widening to four 111-D) extension of runway and installation of lanes from Marshall Road to Couch Legislative proposal to designate as wilder­ lighting system, rotating beacon and Avenue; W ill displace two residences ness 4,218 acres of the W olf Island N a­ tower, segmented circle and lighted and one service station. Project T-4189 tional Wildlife Refuge offshore from wind cone. (ELR Order No. 1720, 30 ( 8). (ELR Order No. 1736,7 pages) (N T IS Darien, McIntosh County, Ga. (ELR pages) (NTIS Order No. PB-206 108-D) Order No. PB-206, 181-D) Order No. 1717, 18 pages) (NTIS Order Baxley Municipal Airport, Appling County, Draft, January 31 No. PB-206 109—D) Ga. Extension and widening runway to FAP Route 3, Stadium Freeway: Milwaukee, accommodate all propeller aircraft of less Draft, February 2 Greenfield, and West Milwaukee, Milwau­ than 12,500 pounds. (ELR Order No. 1734, Legislative proposal to designate as wilder­ kee County, Wis. Construction to connect 12 pages) (NITS Order No. PB-206 Stadium Freeway and injterchange on ness 16,900 acres of the Chassahowitzka 167—D) National Wildlife Refuge, Citrus and East-West Freeway (1-94) to Greenfield Hernando Counties, Fla. (ELR Order No. Draft, January 31 interchange on the Airport Freeway (I- 1766, 23 pages) (NTIS Order No. PB- Freemont Municipal Airport, Newaygo 894) (5 miles). 4 (f) determination re­ 206 254-D) County, Mich. Construction of a run­ quired for use of' portions of Cherokee way and extension of another runway. Park, Jackson Park, Kinnickinnic River Legislative proposal to designate as wilder­ (ELR Order No. 1740, 56 pages) (NTTS Parkway, Manitoba School in Milwaukee, ness 4,250 acres, comprising 17 islands, of Brigantine National Wildlife Refuge, Order No. PB-206 182-D) and Hillcrest School in Greenfield. Proj­ Atlantic and Ocean Counties, N.J. (ELR Hemphill Municipal Airport, Sabine ect F -0 3 -r( ), 1350-1-00. (ELR Order No. 1753,130 pages) (NTIS Order No. PB- Order No. 1768, 23 pages) (N T IS Order County, Tex. Development of new air­ 206 178-D) No. PB-206 259—D) port, Including runway, taxiway, park­ ing ramp, access road, wind cone and Draft, January 25 NATIONAL PARK SERVICE segmented circle, fencing, radio and air­ Project F020—7: Lake County, S. Dak. Con­ Draft, January 27 port beacons and iightlng system. (ELR struction from 1 mile south at S.H.-34/ S.H.-19 intersection southeast to S.H.-34 Legislative proposal to designate as wilder­ Order No. 1769, 28 pages) (NITS Order (7.5 m iles). (ELR Order No. 1755,5 pages) ness 7,700 acres of Colorado National No. PB-206 262-D) Final, January 25 (NTIS Order No. PB-206 162-D) Monument, Colo. (ELR Order No. 1729, Draft, January 31 26 pages) (NTIS Order No. PB-206 273- Lincolnton-Cherryville Airport, N.C. Con­ D) struction of new airport south of Junc­ Albertson Road-Sherman Road-Linden ture of N.C.-182 and S.R.-1187 adequate Avenue: High Point, Guilford County, Legislative proposal to designate as wilder- N.C. Provision of a continuous thorough­ ► ness 29,255 acres of Great Sand Dunes for 95 percent of propeller-driven aircraft of less than 12,500 pounds and some light fare in High Point between Kearns National Monument, Colo. (ELR Order Avenue and English Road along the twin-engine propeller-driven aircraft. No. 1731, 24 pages) (NTIS Order No. P B - alinement of Linden Avenue, Spring- Comments made by USDA, EPA, DOI, 206 166-D) field Avenue, Sherman Road, and Albert­ five State agencies and Central Piedmont Legislative proposal to designate as wilder­ son Road and improvement of English Regional Council of Local Governments. ness 8,780 acres of Gunnison National Road from Westchester Drive to the west (ELR Order No. 1713, 19 pages) (NTIS Monument, Colo., encompassing all of corporate limits. Requires relocation of Order No. PB-204 024-F) Black Canyon and a portion of the mesa 45 families and 15 businesses. Project and bench land in the western half of FEDERAL HIGHWAY ADMINISTRATION 9.8071021, S—1686. (ELR Order No. 1756, the monument. (ELR Order No. 1735, 25 18 pages) (NTTS Order No. PB-206 163- Pages) (NTIS Order No. PB-206 169-D) Draft, January 26 D) Project 24-44, F 072-1(19): Jefferson Legislative proposal to designate as wilder­ N.C.-110: Haywood County, N.C. Improve­ County, Kans. Grading and surfacing ness 16,303 acres of Bryce Canyon Na­ ment from the south corporate limits of from the end of the four-lane pavement tional Park, Garfield and Kane Counties, Canton south to U.S.-276 (5 m iles). Will near Grantvllle east to Newman Comer otah. (ELR Order No. 1742, 36 pages) displace 7-14 families. Project 6.801870. and the proposed junction of K-237 (4.2 (NTIS Order No. PB-206 183-D) (ELR Order No. 1757, 25 pages) (NTTS miles) (ELR Order No. 1716, 16 pages) ft, January 31 Order No. PB-206 164-D) (NTTS Order No. PB-206 100-D) Draft, J anuary 24 Legislative proposal to designate as wilder­ Draft, January 27 ness 5,418 acres of Cumberland Gap Na­ Freeway 520: Sioux City, Woodbury Ky.-80, Pikeville-Elkhorn City Road and tional Historical Park, Kentucky, Ten- County, Iowa. Construction from pro­ Elkhorn City-Virginia State Line Road: posed I-29/I-129 interchange east to an and Virginia. (ELR Order No. Pike County, Ky. Relocation of Ky.-80 interchange with Lakeport Road, then 206 2575D)aSeS) (NTIS Order No. PB- between Shelbiana and Elkhorn City northeast to U.S.-20. W ill displace 20 . (16.17 miles). Involves relocation or homes, 13 farmsteads, two businesses, OFFICE OF SALINE WATER residences, some mobile homes. Projects and one mobile home. (ELR Order No. &raft, January 28 APD 640(5), AP 98-183-7L, AP 98-223- 1758, 12 pages) (NTTS Order No. PB-206 165—D) Prototype desalting plant, Browns- 17L, and APD 640(2), AP 98-2223-16L. Draft, January 28 „ _ Tex- Legislative proposal to design, (ELR Order No. 1722, 24 pages) (NTIS construct, operate, and maintain an 8 L A .- l: White Castle, Iberville Parish, La. Order No. PB-206 174-D) £‘tL Prototype desalination plant in Widening to four lanes from east of _ operation with the Rio Grande Valley W hite Castle, partly on relocation, west nicipal Water Authority and the city to near Dorcyville (1.88 miles). Project 1 Mr. Convisser’s office will refer you to the of Brownsville. (ELR Order No. 1763, 26 50-06-36, F-399(12). (ELR Order No. regional office from which the statement 1759, 24 pages) (NTIS Order No. PB-206 Pages) (NTIS Order No. PB-206 256-D) originated. ,157—D)

FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUÀRY 15, 1972 3380 NOTICES Water Fish Commission, F lo rid a Division Draft, January 27 ning and Developing Commission. (ELR of Planning and Budgeting, De­ Freeway 520: Evansdale, Black Hawk Order No. 1702, 15 pages) (NTIS Order Florida County, Iowa. Construction from U.S.- No. PB-206 114-F) partment of Air and Water Pollution 218 interchange in Waterloo, across Cedar Freeway 518, Southwest Bypass: Johnson Control, Palm Beach Area Planning River to a River Forest Road interchange County, Iowa. Construction to bypass Board, Broward County P la n n in g Board, in Evansdale, to an interchange with Iowa City from U-S.-218 interchange to and city of Boca Raton. (ELR Order No. Iowa 297. The roadbed will act as a flood near an I-80/I-38 interchange (7.3 1748, 37 pages) (NTIS Order No. PB-202 protection levee over part of its length. m iles). Project 518-4. Comments made 648—F) Involves displacement of 35 houses and by USDA, EPA, HUD, DOI, Iowa Water Whitesburg Bypass: Letcher County, Ky. 7-8 businesses. (ELR Order No. 1765, 15 Pollution Control Commission, Iowa O f­ Construction of a segment o f the Ap­ pages) (NTTS Order No. PB-206 260-D) fice for Planning and Programing, and palachian Developmental S ystem (Corri­ Draft, January 4 Johnson County Regional Planning dor I), from Ky.-15 to U.S.-119. Will S.H.-19: Delta County, Tex. Upgrading Commission. (ELR Order No. 1703, 18 touch upon Whitesburg Appalachian Re­ to four lanes from F.M. 1507 in Paris pages) (NTIS Order No. PB-206 099-F) gional Hospital property and displace 29 through Gadston to S.H.—19/S.H,—24 S.R.-400 (1-4) : Seminole County, Fla. Con­ residences. Comments made by DOC, junction near Lake Creek (14.7 miles). struction of two rest areas 0.8 mile north EPA, HEW, HUD, DOI, DOT, Kentucky Will displace 28 homes and three busi­ of S.R.-424. Comments made by USDA, Water Pollution Control Commission, nesses, (ELR Order No. 1774, 75 pages) DOC, EPA, and DOI. Project 1-4-2(53) and Kentucky Program Development (NTIS Order No. PB-206 267-D) 113, Job 77160-1410. (ELR Order No. Office. (ELR Order No. 1749, 44 pages) Draft, February 2 1712, 33 pages) (NTIS Order No. PB-202 (N T IS Order No. PB-201 7 62 -F ) U.S.-287: Ellis County, Tex. Construction 140—F) F A S 2317: Dale County, Ala. Construction of four-lane highway from Spur 394 Final, January 25 of a steel beam span b rid g e across the southeast of Waxahachie to near west Route 13: Polk and Greene Counties, Mo. Choctawhatchee River. P ro je c t S—2317 city limits of Ennis (10 miles). Will dis­ Construction of dual lane facility from (101). Comments made by USDA, Army place six families and two farm out­ Bolivar to Springfield (24 miles). Project COE, EPA, DOI, DOT, and Coosa Valley buildings. (ELR Order No. 1775, 21 pages) F—13—2 (8 ), (9), (10), (11), (12); U-13- Planning Agency. (ELR O rd er No. 1750, (NTIS Order No. PB-206 266-D) 2(13). Comments made by HUD, DOT, 19 pages) (NTIS Order No. PB-206 172-F) Seventh Street: Langdon, Cavalier County, State Clearinghouse, and Lakes Country State Route U.S.-24; Lucas County, Ohio. N. Dak. Construction of a curb and gut­ Regional Planning Commission. (ELR Widening to four lanes fro m Lucas ter street from 11th Avenue North to Order No. 1738, 37 pages) (NTIS Order County 133 (Dutch Road) to Lucas 15th Avenue North. 4(f) determination No. PB-206 175-F) County 105 (Jerome Road) (1.9 miles) required for construction through Lang­ Final, January 26 and construction of an interchange be­ don City Park, Project A-SI—12(2). (ELR S.R.-46 and S.R.-3 (FAS Route S-558): tween Lucas County 126 (S t it t Road) Order No. 1778, 5 pages) (NTIS Order No. Scott County, Ind. Replacement of the and Lucas County 105 (Jerome Road). PB-206 264-D) grade separation over the B&O RR. 0.2 Project F—1043(6). Comments made by Draft, January 11 mile south of the S.R.—56/S.R—3 junc­ DOI, DOT, Ohio Historical Society, and Ohio Department of Highways. (ELR Or­ Revised draft (September 23) S.R.-2: tion and relocation of approaches der No. 1751, 25 pages) (N TIS Order No. Snohomish County, Wash. Addition of through Morgan Trail Park. Comments PB-206 171—F) passing lanes in the Sultan vicinity in made by EPA, HUD, and DOI. (ELR 1—80: Summit County, Utah. Construction two sections. Revised draft pertains to Order No. 1743, 34 pages) (NTIS Order of four-lane divided highway (eastbound section 2 right-of-way and excavation. No. PB-202 323—F) lane generally along U.S.-30) from east FAP 024-1, CS 3109 SR 2. (ELR Order No. U.S.-62, Blandville Road, Paducah, Mc­ of Emory Overhead through Echo Canyon 1779, 9 pages) (NTIS Order No. PB-206 Cracken County, Ky. Widening to four to 1 mile east of Castle Rock. Project I- 265-D) lanes from U.S.—45 (Lone Oak Road) to Ky.-1286 (Friendship Church Road) 80-4(11)175. Comments m ade by USDA, Final, January 26 EPA, DOI, and the State C learin g House. Shaniko-Fossil-Highway, Clarno-Porcupine (1.81 miles). Project S 318. Comments made by EPA, HEW, DOI, and University (ELR Order No. 1752, 66 pages) (NTIS Butte Section: Wasco and Wheeler Coun­ Order No. PB-200 439-F) ties, Or eg. Reconstruction of unpaved of Kentucky. (ELR Order No. 1744, 16 pages) (NTIS Order No. PB-203 223-F) mountain road and construction of a T im o t h y A tkeson, N-100 and N-6 8 : Rockville, Sherman bridge over the John Day River on new General Counsel. location at Clarno. Project S-295( ). County, and Ravenna, Buffalo County, Comments made by Army COE, EPA, Nebr. Improvement of N—100 from N—10 [FR Doc.72-2237 Filed 2-14-72;8:49 am] HUD, DOI, four State offices, Mid-Co­ to N—58 (8.1 miles) and relocation of lumbia Economic Development District, N-6 8 from 0.5 mile north of Ravenna to East Central Oregon Association of Coun­ N-100 (4.5 miles). Projects S-36(4) and ties, and Oregon Environmental Council. S—201(5). Comments made by USDA, FEDERAL COMMUNICATIONS (ELR Order No. 1699, 16 pages) (NTIS Army COE, EPA, HUD, DOI, and Ne­ Order No. PB-201 096-F) braska Department of Environmental Control. (ELR Order No. 1745, 20 pages) Delaware Route 14, Rehoboth Bypass, and COMMISSION (NTIS Order No. PB-203 099-F) i. New Savannah Road Bridge: Sussex Lowell-Double Adobe-McNeal Highway: [Dockets Nos. 18128,18684; FCC 72-118] County, Del. Construction of additional Cochise County, Ariz. Widening and sur­ two lanes from near Route 14A/Route 14 facing between Douglas and Bisbee (13 AMERICAN TELEPHONE AND intersection to Dewey Beach (1.42 miles) miles). Projects S0208(2), Prince Road and of twin bridges over the Lewes and TELEGRAPH CO. section; S-208(4), Prince Road-Double Rehoboth Canal. Comments made by Adobe section; S-490(2), Cochise Junior Memorandum Opinion and Order USDA, Army COE, EPA, HUD, Delaware River Basin Commission, and State Plan­ College-Double Adobe section. Com­ Regarding Tariff Revisions ments made by EPA, DOI, Arizona Game ning Office. (ELR Order No. 1700, 17 In the matter of American Telephone pages) (NTIS Order No. PB-202 096-F) and Fish Department, and Arizona State Museum. (ELR Order No. 1746, 28 pages) Telegraph Co., Long Lines Depari- U.S.-20, Santiam Highway, Vail Creek- (NTIS Order No. PB-202 444-F) Sweet Home Section: Linn County, Or eg. ent, Docket No. 18128, revisions ox Reconstruction from two to four lanes S.R.-8 and S.R.-lll: Sequatchie County, iriff FCC No. 260 Private Line »erv between Vail Creek and Sweet Home (9.6 Tenn. Upgrading from 2.5 miles south of ;s, Series 5000 (TELPAK)Arneri__ m iles). Involves relocation of 20 homes, Cagle to the Van Buren County line ilephone & Telegraph Co., Doc®’ five mobile homes, and five businesses. (7.77 m iles). Projects APD J11-J13. Com-* 684, revision of American Teleph Comments made by Army COE, DOC, ments made by USDA, DOI, DOT, TVA, State Office of Urban and Federal Af­ Telegraph Co. Tariff FCC No/ J S ram HUD, EPA, DOI, DOT, Oregon District is 6000 and 7000 Channels (Program 4 Council of Governments, and Local fairs, and Sequatchie Valley Planning Government Relations Division. (ELR and Development Agency, Inc. (ELR Or­ ransmission Services). Order No. 1701, 34 pages) (NTIS Order der No. 1747, 27 pages) (NTIS Order No; 1. The Commission has before it c No. PB—203 510-F) PB-206 160—F) in revisions proposed by theAu1^, FAS-2700: Appling County, Ga. Construc­ S.R.-7, U.S.-441: Palm Beach County, Fla. slephone & Telegraph Co. (A.T.« • tion of a two-lane rural highway from the Construction of a two-lane roadway ad­ 3 private line service offerings, Ta end of “Poor Robin Road” southeast to jacent to existing two-lane highway and DC No. 260. The revised tariff sen ^ resurfacing existing highway (8.6 m iles). S.R.-121 near Memorial Church (9 es are due to become 2es miles). Project PR-505—A (S-2700). Project S—12(12), 93210-1503. Comments ibruary 4, 1972. The tariff change, Comments made by USDA, EPA, DOI, made by Army COE, EPA, HEW, HUD, DOI, State Planning and Development ed on December 6, 1971, under . Bureau of State Planning and Commu­ ifctal No. 11334. would have the en nity Affairs, and Altamaha Area Plan­ Clearinghouse, Florida Game and Fresh

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 NOTICES 3381

of increasing the installation and has acceded to a 1-day suspension there­ tent that the present tariff changes monthly charges for private line serv­ of. As discussed more fully below, we raise subsidiary questions not previously ice terminals of voice and teletypewriter have determined to deny the requests considered in this proceeding which re­ grade, the installation and monthly for rejection of the tariff and to grant late to the internal component rate re­ charges for local access lines furnished the requests for a 90-day suspension lationships within a given service, we with Common Control Switching A r­ thereof and the inclusion of the ques­ direct the Hearing Examiner to take rangements (CCSA), and the installa­ tions of the lawfulness of these tariff evidence thereon only if in his judgment tion charges for the Switched Service changes in Docket 18128. the taking of such evidence will not delay Automatic Network (SCAN). A.T. & T. 3. In the petitions requesting rejection conclusion of the proceeding insofar as has. estimated that these increases will of the tariff filing, three principal argu­ the fundamental issues are concerned. yield additional annual revenues of ap­ ments are given as grounds for the relief In the event that consideration of such proximately $30 million. In addition, requested. First, it is asserted that new questions is not feasible within the A.T. & T. has estimated that there will be A.T. & T. has failed to supply adequate spirit of this directive, the Commission a net annual cost savings of approxi­ supporting data and consequently, has will subsequently consider how best to mately $6 million associated with the failed to comply with the requirements deal with them. market shifts resulting from the earlier of § 61.38 of the Commission’s rules and 7. Inasmuch as the proceeding in Dock­ tariff filing effective December 12, 1971, regulations. Second, it is asserted that the ets Nos. 18128 and 18684 appears to be Transmittal No. 11272, which generally price increases are incompatible with the in its final stages, it may well be that eliminated Telpak sharing. The esti­ regulation issued by the Price Commis­ any further tariff revisions relating to mated total annual effect of the rate sion pursuant to the Economic Sta­ the services under investigation will un­ changes proposed under Transmittal No. bilization Act of 1970, as amended. Third, duly disrupt or delay the conclusion of 11334 and of the elimination of Telpak it is asserted that the present posture of the case. Accordingly, we shall require sharing would be an earnings before the proceeding in Docket No. 18128 is that A.T. & T. obtain special permission taxes increase for the Bell System of $36 such that to not reject these tariff to make any further changes in these million from its private line services. changes would be unduly disruptive and tariffs prior to the entering of a final 2. The following organizations have the cause of unwarranted delay in terms decision in this matter. filed petitions with respect to Transmit­ of completing this proceeding. tal No. 11334 requesting the Commission 8. Various of the petitions referred to 4. In our judgment, the cost, revenue, to: (a) Reject or secure withdrawal of above contend that the subject tariff and other data submitted by A.T. & T. the rate increases, or (b) suspend the changes should be suspended for the full effective date of the increases for the in justification of the proposed tariff statutory period, an accounting order en­ full statutory period, with or without an changes sufficiently satisfies the require­ tered, and the matter set for investiga­ accounting order, and institute an in­ ments of § 61.38 to permit the accept­ tion. The allegations are to the effect vestigation of the lawfulness of the pro­ ance for filing of the new schedules. It that the new charges are unjust, unrea­ posed charges: Association of American is a separate and distinguishable issue, sonable and unduly discriminatory in Railroads (A A R ); Aerospace Industries however, whether the submitted data violation of sections 201(b) and 202(a) of Association of America, Inc. (A I A ); establishes that the proposed tariffs are the Communications Act. In support Aeronautical Radio, Inc. (A R IN C ); Air just and reasonable and otherwise lawful thereof, numerous statements by A.T. Transport Association of America under the Communications Act. The & T. in support of the tariff changes are (ATA); United Air Lines, Inc. (United) resolution of that issue should be made challenged as. being inaccurate or insuffi­ and Eastern Air Lines, Inc. (Eastern) through the hearing process. cient to support the lawfulness of the jointly; Bunker-Ramo Corp. (Bunker- 5. With respect to the arguments for proposed charges. We think the petitions Ramo); Secretary of Defense on behalf rejection based on the regulations of the taken in their entirety have raised ma­ of the Executive Agencies of the United Price Commission, it is not apparent to terial questions as to the lawfulness of States (D O D ); Dow Jones and Co., Inc. us that the rate increases under con­ the tariff changes of a magnitude suffi­ (Dow Jones); Independent Data Com­ sideration are incompatible with the cient to warrant the suspension of the munications Manufacturers Association, standards established by the Price Com­ tariff changes for the full statutory Inc. (ID C M A); 1 Litton Industries, Inc., mission. Even asstuning that they are, period. It also appears appropriate to and its wholly owned subsidiaries Litton we are not aware of any regulations of enter an accounting order to protect the Systems, Inc., Litton Business Systems the Price Commission which would have interest of the carriers’ customers in the (Litton); Microwave Communications, the effect of giving this Commission the event that the tariff changes become ef­ Inc. (M C I); 1 National Association of power to reject under the instant cir­ fective prior to a resolution of the ques­ Motor Bus Owners (N A M B O ); National cumstances. As we understand the Price tions of lawfulness. Data Corp. (National D ata); George P. Commission’s regulations, the final de­ 9. Accordingly, it is ordered, That pur­ Baker, Richard C. Bond, Jervis Lang- cision as to whether price increases by suant to sections 201, 202, 204, 205, and fi?n’ an^ Willard Wirtz, trustees of the larger carriers are to be allowed to 403 of the Communications Act of 1934, the property of Penn Central Transpor­ go into effect is up to the Price Commis­ as amended, the hearing and investiga­ tation Co., debtor (Penn Central); sion, itself. tion in Docket 18128 concerning the law­ united Press International, Inc. (U P I ). 6. As to the contentions that failure to fulness of the private line tariff sched­ Associated Press (A P) has petitioned the reject these tariff changes will unduly ules of American Telephone & Telegraph ^mnussion to enter an order which, in delay the conclusion of the proceedings Co. shall include the revisions to A.T. & T. substance, would prohibit the filing or in Docket No. 18128, we agree with the Tariff FCC No. 260 forwarded with effectiveness of tariff schedules provid­ basic concern that this proceeding should Transmittal No. 11334 filed on December e s for increases in charges for services be concluded as soon as possible, con­ 6, 1971, as enumerated in the appendix iciooC^ *°. investigation in Docket No. sistent with the dictates of due process. hereto, and that the issues heretofore 8128. htitil a final decision is entered However, it is by no means clear that specified in that docket shall apply with merem, or unless a request is made in rejection for this reason is a course that equal force to the above-described re­ 'Jr*™* and prior approval obtained is open to us in the present circum­ vised tariff schedules of A.T. & T. u-om the Commission. A.T. & T. has filed stances, and, in any event, such a course, 10. It is further ordered, That, pursu­ a d 1AST,to the Petitions of: AAR, AIA, in our view, is presently unnecessary. ant to section 204 of the Communica­ • ARDTC, ATA, IDCMA, MCI, United The furidamental questions which this tions Act of 1934, as amended, tire opera­ d Eastern, DOD, Penn Central, and proceeding is expected to resolve are: tion of the tariff schedules listed below L In so doing, it has opposed the What should be the appropriate earnings to become effective February 4, 1972, are requests for rejection of the tariff filing relationships among the various inter­ hereby suspended, unless otherwise or­ aad to the specific request of AP, and state services offered by the Bell System? dered by the Commission, until May 4, and, how should the contribution to total 1972, and that respondents, as to the op­ earnings by each service be measured? anrt^ikas filed a "Response”, and AIA eration of such tariff schedules, shall, in A t mi have each filed a "Reply” to The resolution of these questions is a the case of all increased charges and & T.’s oppositions. matter of very high priority. To the ex­ until further order of the Commission,

FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3382 NOTICES keep accurate account of all amounts re­ Transmittals Nos. 11345, 11346, 11353, the A.T. & T. data set. With respect to ceived by reason of such increase, speci­ and 11354 are now due to become effec­ Transmittal No. 11353, IDCMA requests fying by whom and in whose behalf such tive on or after February 4, 1972. In­ that the filing be rejected or suspended amounts wore paid, and upon completion dependent Data Communications Manu­ because the supporting data does not of the hearing and decision therein, the facturers Association, Inc. (ID C M A ), has satisfy the requirements of § 61.38. Commission may by further order re­ filed petitions to reject or suspend the Furthermore, states IDCMA, the filing quire the refund thereof, with interest, tariff schedules filed under the above should be rejected or suspended because pursuant to section 204 of the Act, and transmittals.1 The thrust of the petitions it unfairly prejudices the competitive A.T. & T. shall file a report on or before of IDCM A urging rejection or suspension position of independent manufacturers the 10th day of each month, commenc­ is that the proposed tariff revisions, if of multiplexers by virtue of utilizing un­ ing June 10, 1972, showing the amounts permitted to become effective, would derstated revenue requirements for the accounted for as aforesaid during the seriously hamper the competitive efforts multiplexer and thereby establishing an previous calendar month. of competitors to A.T. & T. A.T. & T. improperly low rate. With respect to Transmittal No. 11354, IDCMA argues 11. If is further ordered, That, in has filed replies opposing the grant of the requested relief with respect to the that the accompanying filing is defective order to best conduce to the proper dis­ because it is based on an understatement patch of the Commission and to the ends tariff schedules accompanying Trans­ mittals Nos. 11345, 11346, 11353, and of revenue requirements. IDCMA argues, of justice, pursuant to section 4(j) of the moreover, that with respect to the model Communications Act of 1934, as 11354. 2. The filing submitted with Trans­ 201A and 201B data sets A.T. & T. amended, respondents shall file no markets a “special assembly” data set further tariff revisions relating to the mittal No. 11345 modifies Tariff FCC No. 260 and provides for a rate decrease in including assurances to customers it will services under investigation in Dockets work on unconditioned channels. This Nos. 18128 and 18684 prior to the enter­ monthly and installation charges for 200 Series Data-Phone data sets suitable for reduces the price per circuit. However, ing of a final decision therein unless au­ states IDCMA, no such assurances are thorized by special permission of the conditioning signals at rates of 2,000 to 2,400 bits per second. With respect to given when a competitive data set is Commission. used. Consequently, a diminished quality 12. It is further ordered, That the Transmittal No. 11346, the filing there­ with revises Tariff FCC Nos. 259 and 260, of service is provided to customers who petitions requesting rejection, with­ do not use A.T. & T. equipment. For those drawal, suspension or other relief and and provides rates for automatic data access arrangements (D A A ) for the con­ customers employing its equipment, in the reply in opposition thereto are view of IDCMA, A.T. & T. seeks to reduce granted to the extent noted and other­ nection of customer provided data trans­ mitting equipment and/or receiving charges despite failing to file a tariff re­ wise denied. terminal equipment to private line serv­ vision. Adopted: February 3, 1972. ice or wide area telecommunications 4. In summary, IDCMA requests with respect to Transmittals Nos. 11345,11346, Released: February 7, 1972. service (W A T S ). The filing accompany­ ing Transmittal No. 11353 revises Tariff 11354 that: (a) The respective tariffs F ederal C ommunications FCC No. 260, and provides for the fol­ be rejected or suspended; (b) A.T. & T. C o m m is s io n ,2 lowing changes in regulations relating be required to disclose the bases for the [ s e a l ] B e n F. W a p l e , to multichannel data station equip­ rates filed; (c) A.T. & T. be required to Secretary. ment: (1) To permit its use with or file tariffs covering or to desist from offering special assembly rates for model A m e r ic a n T e l e p h o n e & T e le g r a p h Co. without a data line concentrator; (2) to permit the derivation of a maximum 201 data sets; (d) A.T. & T. be required ' Tariff FCC No. 260: to file in its tariffs adequate specifica­ 1 Third Revised Page 48.1. of 17 75-baud channels, and the addi­ tion of one 75-baud channel to the pres­ tions for the performance of telephone Eighth Revised Page 52. circuits. Tenth Revised Page 58. ent maximum of eight 150-baud chan­ Third Revised Page 58.1. nels. To allow at the customer’s request 5. With respect to Transmittal No. Eighth Revised Page 63. any combination of 75-baud and 150- 11353 IDCMA requests that the Com­ Fourth Revised Page 67. baud channels with two 75-baud chan­ mission: (a) Reject or suspend the filed Sixth Revised Page 71. nels being equivalent to one 150-baud tariffs; (b) require A.T. & T. to state the Fifth Revised Page 74. bases for the rates filed with that trans­ Ninth Revised Page 78. channel; (3) to allow for the removal of the 50-foot restriction for a station on mittal; (c) investigate the marketing Thirteenth Revised Page 85. practices of A.T. & T. as they relate to Sixteenth Revised Page 86. a station line. Transmittal No. 11354 Second Revised Page 139.10.2. covers revisions of tariff provisions con­ meeting competition. First Revised Page 139.10.3. tained in Tariff FCC No. 260 and pro­ 6. In our judgment, the supporting Eleventh Revised Page 167.1. vides for the establishment of regula­ data submitted with the tariff schedules Fifth Revised Page 168. tions and rates for a 200 Series Data- filed under Transmittals Nos. 11345, Ninth Revised Page 170. Phone data set for combined sending 11346, 11353, and 11354 is sufficiently [FR Doc.72-2252 Filed 2-14-72;8:50 am] and receiving, and suitable for condi­ responsive to the requirements of § tioning signals at rates up to 1,800 bits for us to find that rejection of said sched­ per second in sequence. ules is not warranted. However, the, peti­ ^ [Docket No. 19419, POC 72-119] 3. IDCM A argues with respect to the tions of IDCMA raise substantial ques­ l AMERICAN TELEPHONE AND filing accompanying Transmittal No. tions with respect to the lawfulness ox TELEGRAPH CO. 11345 that its purpose is anticompetitive these tariff schedules, and we are unabi to the extent that the rates thereby to conclude at this juncture that the file Memorandum Opinion and Order charged are cross-subsidized by monop­ schedules are reasonable, just or lawnm Instituting Investigation oly sector revenues and that it is based Consequently, we are instituting an in­ upon questionable economic data. With vestigation into the lawfulness of In the matter of American Telephone tariff schedules and are ordering tnav & Telegraph Co., Long Lines Department, respect to Transmittal No. 11346, IDCM A states that the DAA charge said tariff schedules be suspended foTw Docket No. 19419, revisions of Tariffs penalizes the customer who chooses not full statutory period.2 In this investig FCC No. 259 and No. 260. to use A.T. & T. equipment by imposing 1. The Commission has before it modi­ upon him an unlawful rate. IDCM A 2 The question, raised by IDCMA, of fications proposed by American Tele­ complains that the DAA degrades tele­ lirness or lawfulness of A.T. & T .sm a phone & Telegraph Co. (A.T. & T.) in its phone service and unfairly affects com­ ag practices with respect to the Mod Tariffs FCC No. 259 and No. 260. The petition since it is used only on lines nd Model 201B data sets, under the car where the customer chooses not to use tances, is more appropriately the suhJ lQ revised tariff schedules, filed under formal complaint rather than an iss rate investigation. Accordingly, * Commissioner Johnson concurring in the 1 IDCMA also filed on Jan. 27, 1972, a uestion shall not be considered result; Commissioner H. Rex Lee absent. Response” to A.T. & T.’s replies. avestigation.

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 NOTICES 3383

tion we shall consider particularly the Transmittal No. 11345: Tariff FCC No. 260, Communications Act, and guidelinés for question of the lawfulness of the pro­ 10th Revised Page 173.1. the acceptance by broadcast licensees of Transmittal No. 11346: posed tariff schedules in light of their editorial advertising; Docket No. 19260. potentially anticompetitive effects. Tariff FCC No. 260, 17th Revised Page 173. Tariff FCC No. 259, Sixth Revised Page 2, 1. This further notice concerns part IV Accordingly, in view of the foregoing Original Page 43.1, 10th Revised Page 178.2 of our notice of June 9, 1971 (36 F.R. considerations, It is ordered, That, pur­ Transmittal No. 11353: Tariff FCC No. 260, 11825), including particularly the form­ suant to the provisions of sections 201, Third Revised Page 178.2, Original Page ulation of guidelines for the acceptance 202, 203, 204, 205, and 403 of the Com­ 178.3. by broadcasters of editorial advertising.' munications Act of 1934, as amended, Transmittal No. 11354: Tariff FCC No. 260, This latter facet is both the issue in­ an investigation is instituted into the 18th Revised Page 173. volved in Business Executives’ Move for lawfulness of the tariff schedules filed [FR Doc.72-2249 Filed 2-14-72;8:50 am] Vietnam Peace v. F.C.C.,------U.S. App. by American Telephone & Telegraph Co. D.C. — , 450 F. 2d 642 (1971), and also submitted with Transmittals Nos. 11345, an important aspect of the part IV in­ [Docket No. 19260; FCC 72-123] >11346,11353, and 11354 including cancel­ quiry— “access generally to the broadcast lations, amendments or reissues thereof; FAIRNESS DOCTRINE AND PUBLIC media for the discussion of public issues.” It is further ordered, That, pursuant INTEREST STANDARDS W e have delayed comment on part IV to the provisions of section 204 tariff because, as discussed below, we are seek­ schedules filed by American Telephone Order Extending Time ing further review of the above decision. & Telegraph Co. submitted with Trans­ In the matter of the handling of pub­ However, the discussion makes clear that mittals Nos. 11345, 11346, 11353, and lic issues Under the Fairness Doctrine and we must now move immediately to the 11354 are hereby suspended until May 4, the Public Interest Standards of the consideration of guidelines in the area of 1972; Communications Act, Docket No. 19260. editorial advertising. That being so, there is no reason to delay the filing of part It is further ordered, That, without in 1. The Commission has before it a any way limiting the scope of the inves­ motion filed by the National Association IV comments. Indeed, it would be help­ tigation, it shall include consideration of Broadcasters asking that the time for ful to have such comments before us of the following: filing reply comments to the late-filed when we consider the other issues in this inquiry, since the issues are all interre­ (1) Whether the charges, classifica­ comments of the Federal Trade Commis­ lated to some degree. That does not mean tions, practices, and regulations pub­ sion and others on part H I of this in­ that we shall decide all the issues at the lished in the aforesaid tariffs are or will quiry, entitled “Access to the Broadcast same time. Circumstances appear to re­ be unjust and unreasonable within the Media as a Result of Carriage of Product quire more expeditious resolution of some meaning of section 201(b) of the Act; Commercials”, be extended from Febru­ ary 9, 1972, to February 23, 1972. aspects of the inquiry than others. This (2) Whether such charges, classifica­ notice deals with one such area. 2. In support of its motion, petitioner tions, practices, and regulations will, or I. 2. In Business Executives’ Move for notes that the comments filed by the Fed­ could be applied to, subject any person Vietnam Peace v. F.C.C:, supra, the eral Trade Commission present materials or class of persons to unjust or unreason­ U.S. Court of Appeals for the District of and contain proposals not previously able discrimination or give any undue Columbia circuit held that a broadcast considered in this proceeding that will or unreasonable preference or prejudice licensee may not, as a general policy, require time for study and analysis be­ to any person, class of persons, or lo­ refuse to sell advertising time to groups cality, within the meaning of section yond that afforded in the Commission’s order of January 20, 1972. or individuals wishing to speak on con­ 202(a) of the Act; troversial public issues. While the Court 3. In view of the desirability of allow­ (3) Whether the aforesaid tariffs con­ ing interested parties to fully examine left “undisturbed the licensee’s basic form to the requirements of section 203 right to exercise judgment and control in all proposals submitted in this important of the Act and Part 61 (47 CFR Part 61)- public issue programing” and “normal of our rules implementing that section; inquiry and to express their conclusions thereon, a grant of the requested exten­ programing, time,” and it stated that no (4) If any of such charges, classifica' sion of time is warranted. particular person or group has an abso­ hons, practices, and regulations ari 4. Accordingly, it is ordered, That the lute right to have his (or its) message found to be unlawful, whether the Com' time for filing reply, comments to the carried, it ruled that in the broadcaster’s mission should prescribe charges, classl late-filed comments on part m of this allocation of advertising time it is not ncations, practices, and regulations fo: inquiry is extended from February 9, permissible to maintain a “total, flat ban the service governed by the tariffs, and 1 1972, to February 23, 1972; and that the on editorial advertising.” The Court so, what should be prescribed. stated that: National Association of Broadcasters’ It ts further ordered, That, American Motion for extension of time is granted. W e hold specifically that a flat ban on paid Telephone & Telegraph Co. and the As­ public issue announcements is in violation sociated Bell System Cos. Are made par­ Adopted: February 7, 1972. of the First Amendment, at least when other ties respondent; Released: February 7, 1972. sorts of paid announcements are accepted. We do not hold, however, that the planned It is further ordered, That, Independ­ F ederal Communications announcements of the petitioners or, for that ent Data Communications Manufac­ C o m m is s io n ,1 - matter, of any other particular applicant for turers Association, Inc. (ID C M A ), is [ seal] B e n F. W aple, air time must necessarily be accepted by Secretary. broadcast licensees. Rather we confine our­ granted leave to intervene upon filing a selves to invalidating the flat ban alone, leav­ notice of intention to appear and par­ [FR Doc.72-2248 Filed 2-14r-72;8:50 am ] ing it up to the licensees and the Commission ti Pate within 20 days of the release date to develop and administer reasonable pro­ of this order. cedures and regulations determining which [Docket No. 19260; FOC 72-117] and how many “editorial advertisements” will Adopted: February 3, 1972. FAIRNESS DOCTRINE AND PUBLIC be put on the air. Released: February 7,1972. INTEREST STANDARDS 3. On January 3, 1972, a petition for a writ of certiorari was filed on behalf of F ederal C ommunications Further Notice of Inquiry the Commission in the Supreme Court of Co m m issio n ,® [ seal] the United States. No. 71-864,40 U.S.L.W. B en F. W aple, In the matter of the handling of pub­ lic issues under the Fairness Doctrine 3317 (Jan. 11, 1972). The Supreme Court Secretaryt. and the Public Interest Standards of the has not yet acted on this petition. How­ ever, on January 24, 1972, the Court ^^^mUssloner Johnson concurring in denied an application for a stay of man­ ltr’ Commissioner H. Rex Lee absent. 1 Commissioner H. Rex Lee absent. date. Accordingly, the Commission is

N o, s i. FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3384 NOTICES under a mandate to carry out the deci­ Broadcasting Co. v. F.C.C., 395 U.S. 367 [Docket No. 19412; FCC 72-73] sion of the Court of Appeals which in­ (1969). FRIENDLY BROADCASTING CO. structed the Commission as follows : 5. W e are issuing this further notice Order Designating Applications for On remand, the Commission should develop of inquiry rather than issuing guidelines reasonable regulatory guidelines to deal with without calling for comments because we Consolidated Hearing on Stated editorial advertisements. Petitioners should believe that we need the views of those Issues and Notice of Apparent Lia­ be allowed to reapply for advertising time; who would be confronted with the day- bility and, unless their presentations are found to to-day practicalities of applying the be excludable under the Commission’s guide­ guidelines. W e are allowing a reasonable In regard applications of Friendly lines, their applications should be accepted. time for the submission of comments Broadcasting Co. for renewal of licenses Since the issues on which BEM and DNC seek commensurate with the importance of for radio stations WJMO and WLYT to speak are current and changing, it is the issues. However, prompt Commission (F M ) Cleveland Heights, Ohio, Docket essential that regulations be developed speedily and that the affected broadcasters action is required, and we intend to ex­ No. 19412, File No. BR^1844, File No. pass promptly upon petitioners’ applications pedite our consideration of this matter. BRH-140. to buy time. No extensions of time for comments are 1. The Commission has before it for contemplated. consideration (a) the captioned applica­ 4. The purpose of this notice is to H. 6. The discussion in I has dealt with tions and (b) its inquiries into the opera­ solicit the views of all interested parties access for editorial advertising. The other tions of Standard Broadcast Station on the nature and content of appropriate aspect of the inquiry in part IV is the W JM O and FM Broadcast Station WLYT procedures and guidelines to be adopted matter of the right of access to program­ (formerly W C U Y ), Cleveland Heights, by the Commission in furtherance of the ing time. W e have set forth our view Ohio. Court’s mandate. W e welcome all com­ that the ruling in Business Executives’ 2. Information before the Commission ments which can be of assistance in Move for Vietnam Peace v. P.C.C., supra, raises serious questions as to whether the developing reasonable guidelines govern­ does not extend to programing time. See applicant possesses the qualifications to ing the determination by licensees of Committee of One Million, October 22, be or to remain licensee of the captioned which and how many editorial advertise­ 1971, PCC 71-1096, W e have also set stations. In view of these questions, the ments will be put on the air. As a general forth in part IV issues which would be Commission is unable to find that grant approach, suggested guidelines or pro­ generally pertinent here (see paragraph of the renewal applications would serve cedures should so far as possible be de­ 19, notice of inquiry of June 9,1971). We the public interest, convenience and ne­ signed to avoid frequent recourse to indi­ shall not repeat that discussion here. cessity, and must, therefore, designate vidual requests for Commission rulings in Parties are invited to comment on those the applications for hearing. particular situations. In particular, we issues and any other matters that they 3. Accordingly, it is ordered, That, pur­ urge parties filing comments to address believe pertinent. suant to section 309(e) of the Communi­ the following areas: TTT 7. Accordingly, pursuant to appli­ cations Act of 1934, as amended, the cap­ a. May a licensee limit the time avail­ cable procedures set forth in § 1.415 of tioned applications are designated for able for editorial advertisements and, if the Commission’s rules and regulations, hearing at a place and time to be speci­ so, on what basis? 47 CFR 1.415 (1972), interested parties fied in a subsequent order, upon the fol­ • b. What regulation may the licensee may file comments on or before March 8, lowing issues: make as to the placement of editorial 1972, and reply comments on or before (a ) To determine whether the appli­ advertisements ? March 23, 1972, a schedule to which we cant violated § 1.613(c) of the Commis­ c. May a licensee prevent domination intend to adhere (see paragraph 5, sion’s rules by failing to file contracts by a few groups or a few viewpoints and, supra). In accordance with the pro­ relating to the sale of broadcast time to if so, by what means? visions of § 1.419 of the rules, 47 CFR “time brokers” for resale; d. May a licensee reject a profferred 1.419 (1972), an original and 14 copies of (b) To determine whether applicant advertisement on the ground that the all comments and replies shall be fur­ complied With section 315 of the Com­ particular viewpoint has been sufficiently nished the Commission. All relevant and munications Act of 1934, as amended, expressed, short of finding undue timely comments and reply comments and § 73.120 of the Commission’s rules, dominance? will be considered by the Commission be­ or the terms of the Fairness Doctrine, e. May a licensee reject a proff erred fore final action is taken in this proceed­ in the sale of broadcast time to candi­ advertisement on standards of taste and ing. In reaching its decision, the Com­ dates for public office in the November 3, suitability for access to the home? mission may also take into account other 1970, Congressional and State elections; f. May a licensee reject a proffered ad­ relevant information before it, in addi­ (c) To determine whether the apph* cant substantially carried out or vertisement on the ground that its sub­ tion to the specific comments invited by sought to carry out its representations in its ject matter is of little or no significance this notice. renewal application for WJMO concern­ or interest to the community? 8. Because of the importance of the ing its local news facilities, the amount at g. Are any restrictions on content per- matters in this docket, we believe that some form of oral presentations will be local news to be presented, or public af­ missable short of a finding that the ma­ fairs programing and whether the h- terial is outside the protection of the -helpful. If it is determined to have such presentations cover the issues in part I censee made misrepresentations or was first amendment? of this further notice, we shall make this lacking in candor in its renewal appuca- h. Should the Commission’s Cullman the first order of business at the oral tion; , doctrine1 be applicable to editorial and proceedings and shall schedule such pro­ (d) To determine whether licensee vi­ controversial issue advertisements which ceedings promptly after receipt of the olated § 73.112 of the Com m ission’s rules, the licensee would not have aired in the reply comments. Finally, the authority (e) To determine whether licensee ex* first place except for the required sale for this further notice is that stated in ercised adequate control over progra of editorial advertising time? paragraph 24 of the notice of inquiry, broadcast over W JM O during time soia i. W hat is the relationship generally June 9, 1971. to “time brokers” for resale; of editorial advertising to the licensee’s (f) To determine whether licensee vi­ Adopted: February 3,1972. responsibilities under the fairness doc­ olated section 509(a) (3) and (4) of trine to make available a reasonable op­ Released: February 7,1972. Communications Act of 1934, portunity for the presentation of con­ amended; flicting views on controversial issues of F ederal C ommunications C o m m is s io n / (g) To determine the nature and e public importance? In this connection tent of alleged violations of theComnu^ consideration should be given to the de­ [ s e a l ] B e n F. W a p le , sion’s rules for which an official n__. cision of the Supreme Court in Red Lion Secretary. [FR Doc.72-2247 Filed 2-14-72; 8:50 am ] of violation was issued to WJMO on ruary 16, 1971, and whether in hght « *See CTillman Broadcasting Co., 40 P.C.C. the evidence adduced pursuant to . 576 (1963), which, held that a licensee cannot a Commissioner Johnson concurring and is­ determination, applicant has e x e iw » avoid his fairness responsibilities simply be­ suing a statement, filed as part of the orig­ cause of his inability to obtain sponsorship inal document; Commissioner H. Rex Lee that degree of responsibility for the presentation of a viewpoint. absent. the licensee of a broadcast station,

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 NOTICES 3385

(h) To determine whether, in light of 7. I t is further ordered, That the Chief, 272A; 3 k W (H ); 3 k W (V ); 298 feet, for the evidence adduced pursuant to the Broadcast Bureau, is directed to serve construction permits. foregoing issues, whether the applicant upon the captioned applicant within 1. Now under consideration are: (a) possesses the requisite qualifications to thirty (30) days of the release of * this The captioned applications; and (b) a be and to remain a licensee of the Order, a Bill of Particulars with respect petition to deny the application of South Commission; to issues (a), (b), (c), (d), (e), (f), and Jones Broadcasters, Inc. (South Jones), (i) To determine, in light- of the evi­ (g ). filed by Southland, Inc. (Southland). No dence adduced pursuant to the foregoing 8. It is further ordered, That the opposition pleading was filed. issues, whether the grant of the cap­ Broadcast Bureau proceed with the ini­ 2. In its petition to deny, Southland tioned applications would serve the pub­ tial presentation of the evidence with questions several aspects of South Jones’ lic interest, convenience, and necessity. respect to issues (a ), (b ), (c), (d ), (e), financial plan. W e find that South Jones 4. It is further ordered, That, if it is (f), and (g ), and the applicant «then will require funds of $41,231 to construct determined that the hearing record does proceed with its evidence and have the and operate the proposed station as fol­ not warrant an order denying the cap­ burden of establishing that it possesses lows : Payments on equipment lease, tioned applications for renewal of li­ the requisite qualifications to be and to $4,968; interest on loans, if available, censes for Stations WJMO and W L Y T - remain a licensee of the Commission and $2,500; first-year operating expenses, FM, it shall also be determined whether that a grant of its application would $32,088; and miscellaneous expenses, applicant has repeatedly or willfully vio­ serve the public interest, convenience $1,775. To meet this requirement, lated §§ 1.613, 73.112, 73.51(c) (2), 73.963 and necessity. South Jones claims the availability of (c), and 73.113(d)(1), of the Com­ 9. That to avail It is further ordered, $10,438 in existing capital and bank loans mission’s rules, or the terms of the au­ itself of the opportunity to be heard, the thorization for WJMO or W L Y T (F M ),1 of $5,000 and $30,000 from the Merchants applicant herein, pursuant to § 1.221 of and Manufacturers Bank of Ellisville, and, if so whether an order of forfeiture the Commission’s rules, in person or by Miss. The availability of the existing pursuant to section 503(b) of the Com­ attorney, shall file with the Commission munications Act of 1934, as amended, in capital has been established. Southland within twenty (20) days of the mailing of notes that, as initially filed, the terms of the amount of $10,000 or some lesser this order, a written appearance in tripli­ amount should be issued for violations the loans specified repayment within 1 cate, stating an intention to appear on year. Thus, the loans would not serve to which occurred within 1 year of issuance the date fixed for the hearing and present of the bill of particulars in this matter. establish South Jones’ financial qualifi­ evidence on the issues specified in this cations. However, the application was 5. It is further ordered, That this doc­ order. subsequently amended and the bank in­ 10. It is further ordered, That the ap­ ument constitutes notice of apparent lia­ dicated that the loans would be renew­ bility for forfeiture for violation of plicant herein, pursuant to section 311 able, assuming that interest payments §§1.613, 73.112, 73.51(c)(2), 73.961(c), (a) (2) of the Communications Act of are met. W e shall, therefore, raise no and 73.113(d)(1), of the Commission’s 1934, as amended, and § 1.594 of the question on this score. Southland also rules and the terms of the station au­ Commission’s rules, shall give notice of claims that the security for the loans has thorization. The Commission has deter­ the hearing within the time and in the not been indicated. Subsequent amend­ mined that, in every case designated for manner prescribed in such rule and shall ments indicate that the security for the hearing involving revocation or denial of advise the Commission thereof as re­ $5,000 loan is real estate owned by South renewal of license for alleged violations quired by § 1.594 of the rules. Jones. The $30,009 loan is to be secured which also come within the purview of 11. It is further ordered, That the Sec­ by the signatures of 11 named individ­ section 503(b) of the Act, it shall, as a retary of the Commission send a copy of uals. These individuals have not sub­ matter of course, include this forfeiture this order by certified mail— return re­ mitted a statement that they are will­ notice so as to maintain the fullest pos­ ceipt requested to Friendly Broadcasting ing to assume this obligation, as required sible flexibility of action. Since the pro­ Co. by paragraph 4(a) section in , FCC Form cedure is thus a routine or standard one, Adopted: January 26, 1972. 301. This raises a question as to whether we stress that inclusion of this notice the $30,000 bank loan will be available is not to be taken as in any way indicat­ Released: January 27,1972. and an issue has been specified. ing what the initial or final disposition of F ederal C ommunications the case should be; that judgment is, of 3. Southland also alleges that South C o m m is s io n ,* * course, to be made on the facts of each Jones has failed to identify the com­ case. [ s e a l ] B e n F. W a p l e , munity leaders consulted in ascertaining Secretary. 6. It is further ordered, That in the community problems and that the entire event United Broadcasting Co. is deter­ [FR Doc.72-2260 Filed 2-14-72; 8:50 am ] ascertainment showing is not sufficiently mined to be the otherwise qualified and specific. South Jones subsequently amended its application. While making Preferred applicant in Docket No. 18559 [Dockets Nos. 19414-19416; FCC 72-100] m re the applications of United Broad- no judgment as to the showing as orig­ inally filed, it is clear that the amended ^°- f ° r renewal of licenses of NEW LAUREL RADIO STATION, INC., application clearly complies with the cri­ w o o k and W FAN-TV, the grant of the ET AL. applications shall be withheld pending teria set out in our Primer on the ascer­ Order Designating Applications for tainment of community problems by r v f j issues in this matter, nited Broadcasting Co. is also a party Consolidated Hearing on Stated broadcast applicants, 27 FCC 2d 650, a revocation and renewal proceeding Issues 15 R R 2d 1507 (1971). Accordingly, no Suburban issue will be specified.2 its stations W M U R -TV , In re applications of : New Laurel and K ECC-TV (Dockets Nos. 4. Southland also raises questions as Radio Station, Inc., Laurel, Miss., Docket to whether South Jones has made mis­ ttio ^ N* should be determined that No. 19414, File No. BPH-6247, requests: public interest would be served by representations to us in its application. Channel 272A; 3 kW (H ) ; 3 kW (V ) ; 135.5 As noted above, the loan agreements sub­ tir«?W1ilg United Broadcasting Co. to con- feet; Southland, Inc., Laurel, Miss., unue to operate these facilities then the mitted by South Jones were, as originally grantmg of such authority shall be with- Docket No. 19415, File No. BPH-7405, re­ filed, repayable within 1 year. Southland quests: Channel 272A; 3 k W (H ) ; 3 kW resolution of the issues in alleges that this constitutes a misrepre­ (V ) ; 118 feet; South Jones Broadcasters, sentation because these loans would not of an^ Proceeding. The resolution Inc., Ellisville, Miss.,1 Docket No. 19416, shmi ^ is docketed proceeding File No. BPH-7445, requests: Channel aid in establishing the availability of comrY, iblru*ing on any other licensee sufficient funds to construct and operate t K i OI5.y owned or controlled with 3 Commissionar H. Rex Lee absent. for 1 year. Since the date of repayment jurii^pk°nei* licensee and will be res 1 Each applicant proposes to operate on was indicated in the copy of the bank cata ss to any such other licensee. Channel 272A, which is assigned to Laurel, Miss. South Jones proposes to use that chan­ ancf °* Partieulars for specific nel in Ellisville, Miss., under § 73.203(b) of * Suburban Broadcasters, 30 FOC 1001 nd detaUs of each alleged violation. our rules. (1961).

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3386 NOTICES commitment contained in the applica­ its transmitter site. The applicant states sonably file the statement required by tion, we can find no misrepresentation. that the proposed site is 0.8 mile outside § 1.594(g). Southland further notes that South the city limits of EUisville on a main Adopted: February 2, 1972. Jones entered the figure of $18,000 in highway. The combined studio-trans­ the space designated for deferred credit. mitter site will result in economies of op­ Released: February 8,1972. Since South Jones proposes to lease its eration. W e believe that good cause for F ederal Communications equipment, Southland alleges that an­ locating the main studio outside the city Co m m is s io n ,8 other misrepresentation was made. The of license has been established. Our con­ [ seal] B e n F. W aple, $18,000 represents the total value of the sent to that studio site will, therefore, Secretary. equipment to be leased by South Jones. be granted if South Jones’ application is It appears that South Jones chose an in­ granted. [FR Doc.72-2261 Filed 2-14-72:8:50 am] appropriate space for indicating that fig­ 8. Except as indicated by the issues ure. However, the immediately adjacent specified below, the applicants are quali­ [FCC 72-114] statement, “See attached lease agree­ fied to construct and operate as pro­ ment,” precludes a finding that a mis­ posed. However, because the applications MUTUAL INSURANCE COMPANY OF representation was made. Finally, are mutually exclusive, they must be OMAHA Southland alleges that South Jones’ designated for hearing in a consolidated failure to specify the security for the proceeding. Memorandum Opinion and Order $30,000 bank loan as originally filed, 9. Accordingly, it is ordered, That the Regarding “ Prime Time” Rule Waiver “could be another indication of the ap­ applications are designated for hearing In the matter of waiver of the “Prime plicant’s (South Janes’) lack of candor.” in a consolidated proceeding pursuant to Time Access Rule”, § 73.658(k), with re­ Since things that “could be” are not the section 309(e) of the Communications spect to the presentation after October 1, specific allegations of fact required by Act of 1934, as amended, at a time and 1972 of “off-network” programs (Petition section 309(d) of the Communications place to be specified in a subsequent of Mutual Insurance Company of Act, we reject Southland’s contention. In order, on the following issues: O m aha). any event, the omission here is one small (1) To determine with respect to the 1. The Commission here considers a point in a relatively lengthy and complex application of South Jones Broadcasters, request for waiver of § 73.658(k) of its financial showing. Similar omissions are Inc.: rules, the “prime time access rule”, with frequently found by our staff, particu­ (a) Whether a bank loan of $30,000 respect to one of the provisions thereof, larly among those that are uninitiated as will be available to the applicant from becoming effective October 1,1972, which to the details of our financial require­ the Merchants and Manufacturers Bank bars use of “off-network” material to fill ments. As a matter of practice, our staff of Ellisville, Miss. the time from which network programing will request any required data that may (b ) Whether, in light of the evidence is excluded. The request is contained in a have been omitted. While we do not say adduced under the above issue, the ap­ petition for waiver filed on December 29, that an omission cannot be a misrepre­ plicant is financially qualified. 1971, by Mutual Insurance Company of sentation, on the facts presented here, (2) To determine the areas and popu­ Omaha (Mutual) in connection with its we are unable to conclude that this omis­ lations which would receive FM service program “Wild Kingdom”, which was on sion constitutes a substantial question as of 1 mv/m or greater intensity from the th NBC network at 7 p.m., e.s.t., Sunday to South Jones’ qualifications. respective proposals together with the evenings for several years and during the 5. The three applications, although for availability of other primary (1 mv/m or 1971-72 season is being distributed to different communities, would serve sub­ better for FM ) aural service in such stations on a syndication basis. The stantial areas in common. Consequently, areas. “prime time access rule”, which, in gen­ in addition to determining which of the (3) To determine, in light of section eral, limits stations to the presentation proposals would best provide a flair, 307(b) of the Communications Act of of 3 hours of national network pro­ efficient, and equitable distribution of 1934, as amended, which of the proposals grams each evening during prime hours radio service, under section 307 (b) of the would best provide a fair, efficient and (7-11 p.m. except 6-10 p.m., c.s.t., in the Communications Act, a contingent com­ equitable distribution of radio service. central zone), was adopted in May 1970, parative issue will be specified. (4) To determine, in the event that it and somewhat modified on reconsidera­ 6. South Jones Broadcasters, Inc., pro­ is concluded that a choice between pro­ tion in August 1970.1 One of the changes poses independent programing. South­ posals should not be based solely on 307 made in the latter decision was to post­ land, on the other hand, proposes to (b) considerations, which of the propos­ pone until October 1, 1972, the prohibi­ duplicate the programing of commonly als would best serve the public interest. tion against use of “off-network” ma­ owned station W L A U (A M ) during 15.9 (5) To determine, in light of the evi­ terial (and also movies previously shown percent of the broadcast week, while New dence adduced under the above issues, in the market, not involved here), while Laurel will duplicate commonly owned which application should be granted. putting the basic limitation to 3 hours ot station W A M L (A M ) ’s programing dur­ 10. I t is further ordered, That if the network programs into effect October l, ing 68.4 percent of the broadcast week. application of South Jones Broadcasters, 1971. The reason for the delay in the ‘ on- Where an applicant proposes a sub­ Inc., is granted, the Commission’s con­ network” restriction was to permit ample stantial amount of duplicated program­ sent to the specified main studio location time for the changeover and permit sta­ ing, we have permitted evidence as to the outside the city of license is granted. tions to use, during the 1971-72 season, benefits derived from the proposed du­ 11. I t is further ordered, That the pe­ the program material they had already plication under the comparative issue. tition to deny the application of South acquired. In our view, the 68.4 percent duplication Jones Broadcasters, Inc., filed by South­ 2. The program involved, “Wild King­ proposed by New Laurel is substantial, land, Inc., is granted to the extent indi­ dom”, was on the NBC network for sev­ while the 15.9 percent proposed by cated above and is denied in all other eral years (in the recent past on Sundays Southland is not. Therefore, evidence re­ respects. at 7 p.m., eA.t.), and is apparently rea­ garding program duplication will be ad­ 12. I t is further ordered, That each of sonably popular and highly regarded missible under the contingent compara­ the applicants shall file a written ap­ both by audience and critics. It deals w1“* tive issue as to New Laurel only. A full pearance stating an intention to appear the world of nature, particularly vanous comparison of the applicants’ program and present evidence on the specified is­ forms of animal life, and has be® proposals will not be permitted in the sues, within the time and in the manner absence of a specific programing inquiry, required by § 1.221(c) of our rules. • Commissioner H. Bex Lee absent. Jones T. Sudbury, 8 FCC 2d 360, 10 R R 13. I t is further ordered, That the ap­ 1 Report and order in Docket 12782, 23 FVO 2d 114 (1967). plicants shall give notice of the hearing, 2d 382 (May 1970) ; memorandum opn» 7. South Jones proposes to locate its within the time and in the manner speci­ and order on reconsideration in Docket l main studio outside its city of license at fied in § 1.594 of our rules, and shall sea­ 25 FCC 2d 318 (August 1970).

FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 NOTICES 3387 praised as significant in the fight for con­ “timeless interest”, so that reruns may were new in the 1971-72 year when the servation and protection of the environ­ well be much in the public interest. It is program has been distributed via syndi­ ment, including animals. Mutual lists asserted that it is simply not possible to cation. These programs would probably some 30 awards it has received from both formulate an attractive syndication be more in the public interest if rerun television and entertainment industry package without a substantial number of later— longer after their first presenta­ and conservation and education groups. the older programs. tion. Accordingly, for the first season, we Aside from its distinctiveness and as­ 5. Mutual claims that waiver, to the are simply stating that at least 12 pro­ serted great merit, Mutual claims that a extent indicated in the last paragraph, grams of the “Wild Kingdom” series waiver should ge granted— to permit sta­ is in effect necessary for it to continue to presented on stations between October 1, tions to present those portions of the present the program at all. It asserts that 1972, and October 1, 1973, shall be new material which have appeared on NBC it must have the prime time exposure, material not previously appearing on in past years— because of the unique po­ including time in the major markets, in television. Our present action is limited sition the program has had. Unlike much order to bring this desirable program to to the 1972-73 year; it Will be appropriate network material, which the networks large audiences and justify the great to reevaluate the situation before grant­ have either produced themselves, copro­ costs involved. Mutual recognizes that ing waivers further into the future, since duced or acquired proprietary interests the rule does not bar such material en­ more new material will then be available. in, the “Wild Kingdom” program has tirely from “prime time” but only from 7. The Commission wishes to empha­ been in recent years entirely the property that portion of it from which network size its view that the “prime time access of Mutual, which simply bought the Sun­ programs are excluded (which, for the rule” should be given a full opportunity day evening time on the network to pre­ most part, means the 7 to 8 p.m. hour in to work, with substantial amounts of sent it on a sponsored basis (it has been the eastern and Pacific zones); but it valuable prime time in major markets one of very few “conventionally spon­ claims that network-owned and affiliated made available to independent sources sored” shows on evening network tele­ stations in the top 50 markets cannot and new program material from them. vision in recent years). Originally, in the realistically be expected to forego net­ But in our view, any impingement which early 1960’s, the program was conceived work prime time material in order to pre­ may result from grant of waiver here, and produced by Don Meier Productions, sent “Wild Kingdom”, and, also that its Inc., and sold to NBC for network exhibi­ as compared to adherence to the letter early Sunday evening time, which it long of the rule, is minor and is indeed offset tion on a sponsored basis (with NBC not had on NBC and which clearly would by the likelihood that this program itself acquiring any other rights in it ). Mutual fall within the rule’s prohibition, is es­ would not be able to continue in produc­ became the sponsor, and in November pecially desirable from the standpoint of tion. Therefore, we believe that under 1968 acquired all of the rights to the pro­ viewing by family groups and young gram itself, simply paying NBC for the all of the circumstances the public in­ people, the audience to which the pro­ network broadcast time. Thus, it is terest is served by grant of the waiver, gram is particularly directed. It is limited as mentioned. claimed, the program is really the very claimed that if these programs are held type of material, produced and owned by 8. In view of the foregoing: It is or­ to be barred as “off-network” material sources independent of the networks, dered, That Mutual Insurance Company by the operation of the rule, Mutual will such as advertisers, which was more of Omaha may offer, and stations in the be forced to drop sponsorship and future prevalent in the early years of television top 50 markets may present without production of the series. and which the purpose of the rule is to limitation during prime hours, between foster, not exclude. C o n c l u s io n s October 1, 1972, and October 1, 1973, the “Wild Kingdom” series of television pro­ 3. As a network program, thé show is 6. After considering this matter care­ said to have been a casualty of the grams: Provided, That at least 12 of the fully, we are of the view that waiver ‘prime time access rule” when it went programs presented in this series during should be granted in this case, to permit mto operation in October 1971, sihce this period must be programs which have the presentation of a reasonable amount not previously been presented on NBC and the other networks were re­ of “Wild Kingdom” material which pre­ quired to cut their prime time schedules television. viously ran on NBC. While this decision buck to 3 hours in the top 50 markets to a certain extent is based on all of the Adopted: February 2,1972. (and did so in all other markets as w ell), factors advanced and set forth above, it Released: February 7, 1972. and NBC decided to drop “W ild King- is in only a minor degree based on the aom” as part of the reduction process. distinctive character, and even less the F ederal C ommunications , After some hesitation, for one thing be- asserted merit, of the program. These are C o m m is s io n ,2 ^useof.the great expense involved in factors which are difficult for the Com­ [ s e a l ] B e n F . W a p l e , ^ b u t t o n via syndication, Mutual de- mission to evaluate, if, indeed, we could Secretary. "~®c‘,not to drop the program but to appropriately put ourselves in the posi­ [P R DocJ2-2256 Piled 2-14-72;8:51 am] In?6 u lllls form of distribution; and tion of having to do so. Rather, it is ®. 35 been reasonably successful, getting chiefly based on the other two consid­ pnme time exposure on 214 stations, in- erations advanced: the fact that this [PCC 72-93] 42 the top 50 markets. material is the kind of thing which the Mutual has produced each year, and rule was designed to promote— material STATION KUTV, SALT LAKE CITY, hi n

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3388 NOTICES

Thursday and Saturday, February 10 and the rule making proceeding in Docket terns transmissions) until commercials 12,1972. The request is based on the fact 19314. This proceeding is concerned with containing identification patterns, hav- that NBC will carry coverage of the the proposed amendment of § 73.682(a) ing been utilized for their normal life- Winter Olympic Games on these eve­ (22), our rule which governs identifica- times, are retired from circulation. It is nings, instead of some of its regular tion pattern transmissions. The interim the contention of these parties that sta- prime-time and late evening material, standard established is, in effect, a lim- tion licensees have no practical means and K U TV wishes to carry this material. ited waiver of those requirements of the for insuring, before the actual moment of The request reflects the fact that moun­ present rule which control the vertical broadcast, that identification pattern tain zone stations have a particular location of identification patterns. transmissions will meet the interim problem in relation to the “prime time 2. Specifically, pursuant to this stand- standard set by the Commission, or, in- access rule”, in that, under their normal ard, identification patterns are permitted deed, any standard whatever, and they scheduling practices, they must carry, to occupy portions of six field lines, meas- should be relieved from the obligation for during their prime hours, certain net­ ured downward from the top of the compliance, pending a final solution of work material which does not originate, transmitted television picture, and six the problem, to be reached in formal pro­ and is not carried in other parts of the field lines, measured upward from the ceedings by the Commission (there are country, during “prime time”. The re­ bottom of the transmitted picture. In the differing opinions as to the nature of quest is for waiver on these evenings to aforementioned public notice, we stated these proceedings). permit carriage of Olympic coverage that we “may find it necessary to take 6. On December 23,1971, a “Request of starting at 10:30 p.m. Mountain time, in appropriate enforcement action with re- International Digisonics Corporation for addition to three prime-time hours of spect to transmissions which depart sub- Expedited Consideration” was filed with earlier NBC programs (in both cases 2 stantially from the interim standard.” the Commission. In this document, IDC hours of it being Olympic coverage also) .* 3. The Commission has received and notes the pendency of the petitions for Thus, 3 Vz hours of network programs has had under consideration letters or relief which it and the three networks during prime time are planned in these petitions seeking modification or suspen- have filed, and calls attention to a re- evenings. sion of the interim standard established cent circumstance which, it urges, dic- 2. Under all of the circumstances— in­ by the public notice, filed by Interna- tates immediate Commission action, cluding the facts that these are special tional Digisonics Corp. (ID C ), Columbia 7. Specifically, it states, on Decem- programs of considerable appeal not oc­ Broadcasting System, Inc. (C B S), N a- ber 15, 1971, the Columbia Broadcasting curring regularly, that the need for tional Broadcasting Co., Inc. (N B C ), and System wrote to national television ad- waiver arises from the special scheduling American Broadcasting Co., Inc. (A B C ). vertisers informing them that the CBS problems of mountain zone stations in It is the basic position of all of these network and CBS-owned stations would relation to the “prime time access rule”, parties that the standard which the Com- not accept commercials bearing identi- and K U T V ’s position in feeding some 10 mission has set, and with which it stated fication patterns after February 1, 1972. other mountain zone stations— we are it would exact compliance, is impracti- “CBS based its action on the unsupported of the view that waiver is warranted. cably severe. allegation that the presently applicable 3. Accordingly, it is ordered, That 4. IDC suggests that relief be afforded specifications for the transmission of waiver of the provisions of § 73.658 (k) by the issuance of a “clarification” of the identification patterns makes unav in smaller markets in the mountain zone, than a general requirement that such ------— which presents some special problems and transmission not cause significant pic- im a response, filed Jan. 4, 1972, CBS’ means that changes in schedule have a more ture degradation, until a decision is ren- support of its allegations has summa ^ widespread impact than would changes af­ dered in Docket 19314, or (assuming that the results it has obtained thus lar^ ideQ. fecting only its own broadcasting. a Commissioner Johnson concurring in the a decision in this Docket will look toward extensive program of meaeuremen s result; Commissioner H. Bex Lee absent. a termination of visual identification pat- tification pattern transmissi

FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 NOTIGES 3389

the maintenance of prohibition against insure that their stations will transmit sion action, accordingly have sought the significant picture degradation (which, identification patterns in accordance relief requested in the petitions here un­ IDC notes, experience has shown is with the interim standard set by the der consideration. highly unlikely to occur) pending a de­ Commission, nor can affiliated stations 17. The problem which faces the cision in the rule making proceeding. transmit identified commercials fur­ broadcaster is real— the apparent lack 10. Should the Commission adopt this nished by CBS with confidence that this of any practical means for making cer­ interim procedure, which provides the standard will be met. They ask that they tain, beforehand, that the identification relief requested by the networks, in . be relieved of this burden. CBS ap­ patterns on any particular commercial IDC’s view “neither CBS nor any other parently has gone further, and- looks will be transmitted in accordance with broadcaster would appear to have the toward the elimination of all commer­ a specified line standard. W e have rec­ slightest basis for refusing to accept cials bearing identification patterns. IDC ognized this problem as one which must identified commercials.” Assuming such sees this latter development as threaten­ be resolved finally in the proceeding in Commission action, IDC suggests that ing the viability of the visual identifica­ Docket 19314. the refusal of CBS, or any other broad­ tion system, and rendering futile any 18. Since this is the case, some meas­ caster, to accept commercials bearing subsequent formal determination of the ure of relief from the strictures im­ identification patterns” should be found basis on which it may continue to func­ posed in the public notice is in order. by the Commission to be arbitrary, un­ tion. Accordingly, we are urged, in the Nevertheless, if identification patterns reasonable, and contrary to the public light of this situation, to immediately on film are to be transmitted under con­ interest." Indeed, states IDC, “It would grant the relief requested. ditions where they do not depart widely be appropriate for the Commission to 14. We, of course, will not accede to from their intended locations, a reason­ notify licensees that a completely arbi­ the request of IDC we inform our li­ able amount of care must be exercised trary failure to transmit broadcast ma­ censees that an arbitrary refusal to by the broadcaster in their transmission. terial bearing identification patterns transmit commercials bearing identifica­ A suspension of any line standard for a would bear negatively on the renewal of tion patterns is contrary to the public in­ period of time extending to or beyond broadcast licenses.” terest. Such action would be tantamount the date of decision in Docket 19314, as 11. In its letter of April 12,1971, which to the imposition of a direct requirement requested by the petitioners, would re­ accompanied its petition for rule making, that broadcasters provide an admittedly lieve the broadcaster of any obligation H>C proposed that during the period nonbroadcast subsidiary service, and in this area, and increase the proba­ while the rule amendment was under constitute an unwarranted invasion of bility and incidence of faulty pattern consideration no specific requirement be * the area of licensee responsibility. The transmissions, with the attendant hazard imposed on the transmission of identifi­ Commission has found it in the public of picture degradation. While the haz­ cation patterns contained in film com­ interest to adopt a rule which, pursuant ard is held not to be great, this question mercials produced before April 1, 1971, to specified technical standards, permits is also at issue in the rule making pro­ with the standard specified in its pro­ its licensees to transmit identification ceeding, and has been raised in that posed rule amendment applying to com­ patterns for the purpose of automatic proceeding by certain of the petitioners mercials of later production dates, or, program identification. It is unwilling herein. alternatively, that all pattern transmis­ to convert this privilege into a mandatory 19. Under these circumstances, we will sions during this period be permitted requirement. maintain the line standard for the trans­ without specific restriction. In our public 15. Since the adoption of § 73.682(a) mission of identification patterns set in notice of September 17, we rejected this (22) of the rules in May of 1970, identi­ the public notice of September 17, and proposal, reasoning as follows: fication pattern transmissions have been will expect our licensees to take reason­ subject, at different times, to three dif­ able care in attempting to meet this * * * 0111 adoption of such an interim relax­ ation would sanction a degradation of the ferent operating standards, (1) the re­ standard in their pattern transmissions. television picture of greater or lesser degree quirements in the basic rule, (2) the However, since, at this time, the broad­ for a period of many months. How much interim standard adopted on a tempo­ caster may be unable, as a practical mat­ Worse the situation would be than that rary basis by public notice of October 22, ter, to exercise such control over pattern which now exists, we do not know. It would 1970, and (3) the interim standard sub­ transmissions as is necessary to achieve appear that many broadcasters have been sequently set in the September 17, 1971, strict compliance with the standard, we a conscientious effort to eliminate public notice. Whatever standard was in will rely solely on his good faith efforts to commercials with patently defective pattern achieve compliance, and, until a final placement. The motivation for continuing force during any particular period of «us effort would be removed under the IDC time, each licensee's obligation to operate resolution is reached of the matters at proposal, with the likelihood that the num- in accordance with the applicable stand­ issue in Docket 19314, will not hold our , °f Improper pattern transmissions would ard either was implicit or was expressly licensees responsible for identification rj?f®ase> at least during a portion of the stated. The interim standard prescribed pattern transmissions which fail to meet ™u period. While, in the absence of in the September 17, 1971, notice is ap­ this standard, in the absence of public tirm ^rom viewers of picture degrda- preciably more permissive than the one complaints that significant picture deg­ ooiiis , situation might he tolerated if we set in the October 22, 1970, notice, and radation is resulting therefrom.2 tJra T** toward early compliance of all represents a substantial relaxation of the wvi0+n4.^lons ^ t h a reasonable standard, 20. While we hereby deny the specific requirements of the basic rule. date £ r s^an^ar

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3390 NOTICES

Docket No. Pres- FEDERAL POWER COMMISSION and Applicant Purchaser and location Price per Mcf sura date filed. base [Docket No. G-9462 etc.] SUN OIL CO. ET AL. G-9462...... Sun Oil Co., Post Office Box 2880, Cities Service Gas Co., Hardtner Depleted . D 7-19-71 Dallas, TX 76221 (partial aban­ Field, Barber County, Kans. donment). Notice of Applications for Certificates, C172-476...... Marshall R. Young Oil Co., 1800 United Gas Pipe Line Co., Ansley Depleted . Abandonment of Service and Peti­ D 1-19-72 First National Bldg., Fort Worth, Field, Hancock pounty, Miss. Tex. 76102. tions To Amend Certificates 1 CI69-1053...... Champlin Petroleum Co., Post Panhandle Eastern Pipe Line Co., >18.5 14.65 C 1-21-72 Office Box 9365, Fort Worth, TX State Line Fields Woods County, F e b r u a r y 3,1972. 761Q7. Okla. C171-825 ...... Sun O il Co., Post Office Box 2880, Arkansas Louisiana Gas Co., Witch- 12L5 14.65 Take notice that each of the appli­ C 1-19-72 Dallas, T X 75221. erville Field, Sebastian County, cants listed herein has filed an appli­ Ark. CI72-159...... Monsanto Co., 1300 Post Oak Northern Natural Gas Co., Gomez >26.5 14.65 cation or petition pursuant to section 7 A 9-20-71 Tower, Houston, Tex. 77027. Field, Pecos County, Tex. of the Natural Gas Act for authorization CI72-428...... Continental Oil Co., Post Office Box Arkansas-Louisiana Gas Co., «21.802 14.65 A 1-12-72 2197, Houston, T X 77001. Northwest Watonga Field, Blaine to sell natural gas in interstate commerce County, Okla. or to abandon service as described herein, 0172-429...... Elk Oil Co., Post Office Box 310, Northern Natural Gas Co., Kennitz Depleted B 1-13-72 Roswell, N M 88201. Marrow Field, Lea County, N. all as more fully described in the re­ Mex. spective applications and amendments CI72-430...... Anadarko Production Co., Post Northern Natural Gas Co., Mocane * 18.015 14.65 which are on file with the Commission 1-17-72 * Office Box 296, Liberal, KS 67901. Field, Beaver County, Okla. CI72-431...... Claud B. Hamill, 2306 First City United Gas Pipe Line Co., Mount Depleted and open to public inspection. B 1-17-72 National Bank, Houston, Tex. Selman Field, Cherokee and Any person desiring to be heard or to 77002. Smith Counties, Tex. CI72-432...... Atlantic Richfield Co., Post Office Arkansas Louisana Gas Co., East 18.0 1465 make any protest with reference to said A 1-14-72 Box 2819 Dallas, T X 75221. Kiblah Field, Miller County, Ark. applications should on or before Feb­ CI72-433...... Cities Service Oil Co., Post Office Northern Natural Gas Co., Yucca- •19.0 1465 A 1-17-72 Box 300, Tulsa, O K 74102. Baughman Unit, Seward County, ruary 28, 1972, file with the Federal Kans. Power Commission, Washington, D.C. CI72-434...... Anadarko Production Co., Post Northern Natural Gas Co., Panama »19.0 1465 A 1-17-72 Office Box 296, Liberal, KS 6790L Council Grove Field, Grant and 20426, petitions to intervene or protests Stevens Counties, Kans. in accordance with the requirements of C172-435...... d o -..- ...... -...... Cities Service Gas Co., Hull Gas 15.0 1465 the Commission’s rules of practice and 1-17-72 » Unit, Northeast Waynoka Field, Woods County, Okla. procedure (18 CFR 1.8 or 1.10). All pro­ CI72-436...... do...... Panhandle Eastern Pipe Line Co., »18.0 1455 tests filed with the Commission will be 1-17-72 » jrastui luua, noui ouu g«» units, West V alley Center and considered by it in determining the ap­ Northeast Trail Fields, Dewey propriate action to be taken but will not County, Okla. serve to make the protestants parties to CI72-437...... Crown Central Petroleum Corp. Transcontinental Gas Pipe Line Depleted B 1-17-72 et al., 1010 Bank of the Southwest Corp., Southwest Kaplan Field, the proceeding. Persons wishing to be­ Bldg., Houston, Tex. 77002. Vermilion Parish, La. come parties to a proceeding or to par­ CI72-438...... Shell Oil Co., 1 Shell Plaza, Hous- United Gas Pipe Line Co., East >23.6 14.66 A 1-19-72 ton, T X 77001. Texas Field, Gregg County, Tex. ticipate as a party in any hearing therein CI72-439.,...... General Crude Oil Co., Post Office Michigan Wisconsin Pipe Line Co., 132.0 15.02! must file petitions to intervene in ac­ A 1-19-72 Box 2252, Houston, T X 77001. West Cameron Area, Block 171, cordance with the Commission’s rules. Offshore Louisiana. C172-440...... Amoco Production- Co., Security Panhandle Eastern Pipe Line Co., «22.913 1155 Take further notice that, pursuant to A 1-18-72 Life Bldg., Denver, Colo. 80202. Wattenberg and other fields, Weld, Adams, and Arapahoe Counties, the authority contained in and subject Colo. to the jurisdiction conferred upon the CI72-441...... Sun Oil Co., Post Office Box 2880, Arkansas Louisiana Gas Co., East 18.0 1165 Federal Power Commission by sections A 1-18-72 Dallas, T X 75221. Klblah Field, Miller County, Ark. CI72-442._____ Phillips Petroleum Co., Bartlesville, Transcontinental Gas Pipe Line D epleted------7 and 15 of the Natural Gas Act and .the B 1-17-72 Okla. 74003. Corp., Greenbranch Field, Mc­ Commission’s rules of practice and pro­ Mullen County, Tex. CI72-443...... Hewitt B. Fox, Inc., 900 Guaranty Texas San Juan O il Corp., M iller & Uneconomical — — cedure a hearing will be held without B 1-13-72 Bank Plaza, Corpus Christ!, Tex. Fox Field, Jim Wells County, Tex. further notice before the Commission on 78401. D epleted...... — C 172-444...... Tenneco Oil Co., Post Office Box Transcontinental Gas Pipe Line all applications in which no petition to B 1-20-72 2511, Hbuston, T X 7700L Corp., Vermilion Block 76 Field, Offshore Vermilion Parish, La. intervene is filed within the time required D epleted------CI72-445...... Sun Oil Co., Post Office Box 2880, Lone Star Gas Co., East Hewitt herein if the Commission on its own re­ » Field, Carter County, Okla. B 1-19-72 Dallas, T X 7522L Depleted — — view of the matter believes that a grant CI72-446...... d o ...... - ...... - Panhandle Eastern Pipe Line Co., of the certificates or the authorization B 1-19-72 Morse Field, Hansford County, T gx» »22.375 16.028 for the proposed abandonment is re­ CI72-447______Gulf Oil Corp., Post Office Box Southern Natural Gas Co., Dia­ quired by the public convenience and 1-14-72 « 1689, Tulsa, O K 74102. mond Field, Plaquemines Parish, La. 18.0 H65 necessity. Where a petition for leave to CI72-448...... Diamond Shamrock Corp., Post Arkansas Louisiana Gas Co., section intervene is timely filed, or where the 1-14-72“ Office Box 631, Amarillo, TX 16, township 22 North, Range 6 79105. West, Garfield County, Okla. U 16.265 1155 Commission on its own motion believes CI72-449...... Amoco Production Co. (success«» Arkansas Louisiana Gas Co., that a formal hearing is required, fur­ (CI65-419) to Dan R. Wager), Post Office Wilburton Field, Pittsburg Coun­ F 1-17-72 Box 691, Tulsa, O K 74102. ty , Okla. »12.5 H « ther notice of such hearing will be duly CI72-451...... John A . Hairford (successor to Cities Service Gas Co., Hugoton (G-3673) Petroleum, Inc., et al.), Post Field, Stanton County, Kans. given. F 1-20-72 » Office Box 594, Hook», OK Under the procedure herein provided 73945. Depleted------■ CI72-452...... Gulf Oil Corp., Post Office Box Arkansas Louisiana Gas Co-, for, unless otherwise advised, it will be B 1-21-72 1589, Tulsa, O K 74102. Haynesville Field, Claiborne Parish, La. Depleted ------unnecessary for applicants to appear or CI72-453...... Crown Central Petroleum Corp., Texas Gas Transmission Corp., be represented at the hearing. B 1-21-72 1010 Bank of the S«rathwest Bldg., Iota Field, Acadia Parish, La. Houston, Tex. 77002. K e n n e t h F. P l u m b , F iling code: A —Initial service. Secretary. B—Abandonment. C—Amendment to add acreage; D —Amendment to delete acreage; 1 This notice does not provide for con­ E —Succession. solidation for hearing of the several m atte» F —Partial succession. covered herein. See footnotes at end of table.

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1971 NOTICES 3391

tion in any relevant area. Nor is consum­ Docket No. Pres­ and Applicant Purchaser and location Price per Mcf sure mation likely to have any significant ad­ date filed base verse effects on Bank’s competitors. Applicant proposes to aid Bank in the technical aspects of lending, invest­ CI72-454...... Anadarko Production Co., Post Panhandle Eastern Pipe Line Co_ Depleted B 1-24-72 Office Box 296, Liberal, KS 67901. Harris No. 1-6 Well, Boyar Field, ments, data processing, trust services, Meade County, Kans. marketing, accounting and auditing, as CI72-455...... Mobil Oil Corp., Post Office Box United Gas Pipe Line Co., Laura Depleted B 1-24-72 1774, Houston, TX 77001. La Velle Field, Houston County, well as provide for management succes­ Tex. sion. While many of these services are CI72-456...... Amerada Hess Corp» Post Office Tennessee Gas Pipeline Co., a divi­ >28.0 15.025 A 1-24-72 Box 2040, Tulsa, OK 74102. sion of Tenneco Inc., Atchafalaya already being furnished, it appears that Bay Field, St. Mary Parish, La. the acquisition would assure the con­ tinuation by Bank of present services i Subject to upward and downward B.t.n. adjustment. and the addition of improved and ex­ »Application previously noticed Oct. 16,1971, in G-3573 et al., at a rate oi 22 cents per Mcf. By letter dated Jan. 17, 1972, Applicant amended its application to reflect a rate of 26.6 cents per Mcf for a permanent certificate. panded services in the future. Consider­ > Gas-well gas. Includes 1.48 cents per Mcf upward B.t.u. adjustment. ations relating to the convenience and * Applicant proposes to continue the sale of natural gas heretofore authorized in Docket No. 0162-1377 to be made pursuant to Calvert Exploration Co. (Operator) et al., FPC Gas Rate Schedule No. 6. needs of the communities to be served * Plus 0.015 cent per Mcf for 1957 Oklahoma tax reimbursement. lend some weight toward approval of the i Casinghead gas. Subject to upward and downward B.t.u. adjustment. application. ' Adjusted for B.t.u. * Applicant proposes to continue the sale of natural gas heretofore authorized in Docket No. CI62-1489 to be made Considerations relating to financial pursuant toMay Petroleum, Inc. (Operator), etal., FPC Gas Rate Schedule No. 16. and managerial resources and future »Applicant proposes to continue the sale of natural gas heretofore authorized in Docket No. CI63-1394 to be made pursuant to Apache Corp., FPC Gas Rate Schedule No. 28. prospects as they relate to applicant, its “ Includes 3.006 cents per Mcf upward B.t.u. adjustment and 0.31509 cent per Mcf Oklahoma tax reimbursement. subsidiaries and Bank, are regarded as u Includes 2.591 cents per Mcf upward B.t.u. adjustment. “Applicant proposes to continue the sale of its own gas heretofore authorized in Docket No. CI68-27 to be made generally satisfactory. Applicant is in a pursuant to American Trading and Production Corp. (Operator) et al., FPC Gas Rate Schedule No. 6. position to assist Bank in meeting its “ Subject to upward and downward B.t.u. adjustment. Applicant is willing to accept a permanent certificate in eonlormance with the provisions of Opinion No. 598. need for additional capital; and proposes “ Applicant proposes to continue the sale of natural gas heretofore authorized in Docket No. CI68-909 to be made to add $100,000 to Bank’s capital ac­ pursuant to L. O. Ward (Operator and Agent) et al., FPC Gas Rate Schedule No. 1. “ Includes 0.255 cent per Mcf tax reimbursement. count. Applicant’s acquisition of Bank “ Applicant, a small producer certificate holder, proposes to sell gas from reserves acquired in place from a large would enhance Bank’s prospects. Bank­ ing factors lend weight toward approval. “ Pursuant to Opinion No. 586; however, the contract price is 13.5 cents per Mcf. It is the Board’s judgment that consum­ [P R Doc.72-2061 Piled 2-14-72; 8 :45 am] mation of the proposed acquisition would be in the public interest and that the agement of Neenah National and over application should be approved. FEDERAL RESERVE SYSTEM 70 percent of Bank’s stock is held by On the basis of the record, the applica­ tion is approved for the reasons sum­ ASSOCIATED BANK SERVICES, INC. shareholders of applicant; the close as­ sociation that existed appears to be a marized above. The transaction shall not Order Approving Acquisition of Bank continuing relationship. It appears that be consummated (a) before the 30th the two banks do not in fact compete calendar day following the date of this Associated Bank Services, Inc., Green with each other, even though the main order or (b) later than 3 months after Bay, Wis., a bank holding company with­ offices of Bank and Neenah National are the date of this order, unless such period in the meaning of the Bank Holding located only 1.5 miles apart and there is is extended for good cause by the Board, Company Act, has applied for the considerable overlap of the respective or by the Federal Reserve Bank of Chi­ Board’s approval, under section 3(a) (3) service areas. cago pursuant to delegated authority. of the Act (12 U.S.C. 1842(a) (3 )), to ac­ quire 80 percent or more of the voting Bank is the smallest of the 15 banks in By order of the Board of Governors,2 shares of Neenah West National Bank the Appleton banking market, the rele­ February 7, 1972. (Bank), Neenah, Wis. vant market, which is approximated by the southeast portion of Outagamie [ s e a l ] T y n a n S m it h , Notice of receipt of the application has Secretary of the Board. own given in accordance with section County and the northeast portion of d(D) of the Act, and the time for. filing Winnebago County, and holds 1.7 per­ [P R Doc.72-2196 Piled 2-14-72;8:46 am] comments and views has expired. The cent of deposits in that market. Appli­ cant’s subsidiary, Neenah National ($43.6 "Oard has considered the application ASSOCIATED BANK SERVICES, INC. comments received in the light million in deposits), holds 12.8 percent .v . factors set forth in section 3 (c) of of the total deposits in the market. Two Order Denying Acquisition of Bank Appleton-based holding companies oper­ th a t^ (12 U S C * 1842

No. 31------7 FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FE3RUARY 15, 1972 3392 NOTICES

Board has considered the application, or needs of the community to be served. FEDERAL OPEN MARKET COMMITTEE 1 The record indicates that the area’s and all comments received in the light Current Economic Policy Directive of the factors set forth in section 3(c) of needs are being served adequately by the Act (12 U.S.C. 1842(c)) and finds the banks serving the area. Bank is also In accordance with § 271.5 of its rules j that: providing, directly, or indirectly through regarding availability of information, I Applicant controls three banks with Kellogg as its correspondent, the full there is set forth below the Committee’s j aggregate deposits of approximately line of services needed in its service Current Economic Policy Directive issued $215 million, representing 2.1 percent of area. If the application is denied, Bank at its meeting held on November 16, the total commercial bank deposits in reasonably may be expected to provide 1971.1 the State, and is the fourth largest bank­ similar services with the assistance of The information reviewed at this • ing organization and bank holding com­ one or more correspondents— whether meeting indicates that real output of pany in Wisconsin.1 Upon acquisition of as an independent bank or as a subsidi­ goods and services expanded modestly Bank ($13.5 million of deposits), appli­ ary of a bank holding company. Consid­ in the third quarter, but greater growth cant’s position in relation to the State’s erations relating to the convenience and appears in prospect for the current quar­ other banking organizations and holding needs of the communities to be served do ter. Although the unemployment rate has companies would remain unchanged and not clearly outweigh the anticompetitive declined recently, it remains high. Avail­ applicant’s Share of deposits in the State effects of the proposed transaction. Con­ able data indicate that the 90-day freeze would be increased by 0.1 percentage siderations relating to financial and effectively limited increases in prices and managerial resources and future pros­ point. wages, and basic policies for the post­ pects of applicant, its subsidiaries, and freeze stabilization program have been Bank was established in 1963 by offi­ Bank are regarded as consistent with ap­ cers and directors of Kellogg-Citizens announced. The narrowly defined money proval of the application but do not add National Bank (Kellogg), applicant’s stock declined further in October, but strong weight for approval. On the basis lead bank ($120 million of deposits), and inflows of consumer-type time and sav­ of the record, the Board concludes that ings deposits to banks expanded con­ the two banks were affiliated until Kel­ approval of the proposed acquisition is logg was acquired by applicant upon its siderably and the broadly defined money not in the public interest, and approval formation in 1970. At present, 44 per­ stock increased moderately. Expansion is accordingly denied. cent of Bank’s shares are owned by man­ in the bank credit proxy slowed substan­ agement of Kellogg and 87 percent of By order of the Board of Governors,® tially as the volume of large-denomina­ Bank’s shares are held by shareholders February 7, 1972. tion CD’s outstanding rose less than in of applicant. Bank is the seventh larg­ September and as U.S. Government de­ [ s e a l ] T y n a n S m it h , posits were reduced. Interest rates on est of 15 banks in the Green Bay bank­ Secretary of the Board. ing market (which is approximately both short- and long-term market secu­ Brown County), the relevant market, and [FR Doc.72-2197 Filed 2-14-72;8:46 am] rities have continued to decline in recent controls 3.5 percent of deposits in that weeks and Federal Reserve discount rates were reduced by one-quarter of a market. Applicant’s subsidiary, Kellogg, FEDERAL OPEN MARKET COMMITTEE is the largest banking organization in percentage point to 4% percent. The U.S. that market with 31.3 percent of deposits Continuing Authority Directive With foreign trade balance was raised in Sep­ there. Bank is located in a shopping cen­ Respect to Domestic Open Market tember by a sharp acceleration of ex­ ter less than 3 miles from Kellogg which port shipments in advance of an east is located in downtown Green Bay; and Operations coast port strike. In recent weeks net the service areas of Bank and Kellogg In accordance with § 271.5 of its rules outflows of short-term capital apparently overlap. However, due to their previous regarding availability of information, have diminished further, market ex­ affiliation and present relationship, it notice is given that on December 23,1971, change rates for foreign currencies appears that the two banks presently a majority of Committee members voted against the dollar on average have not changed much, and foreign official re­ do not compete with each other. to suspend, until close of business on the Denial of the application holds out serve holdings have increased less than day of the next meeting of the Com­ they did in September. In light of the the possibility that the existing owner­ mittee, the lower limit (set forth in para­ ship links would be broken, and Bank foregoing developments, it is the policy could become an additional independent graph 1(c) of the continuing authority of the Federal Open Market Committee competitor with a resulting decrease in directive with respect to domestic open to foster financial conditions consistent with the aims of the new governmental the share of deposits controlled by ap­ market operations) on interest rates on program, including sustainable real eco­ plicant in the relevant market. Further­ repurchase agreements arranged by the nomic growth and increased employ more, approval of the proposed acquisi­ Federal Reserve Bank of New York with ment, abatement of inflationary pres* tion would foreclose Bank as a possible nonbank dealers. The suspended provi­ sures and attainment of reasonable point of entry for another bank holding sion specified that such repurchase equilibrium in the country’s balance o company; and would solidify Kellogg’s agreements were to be made “at rates not payments. and applicant’s already dominant po­ less than (1) the discount rate of the To implement this policy, the Commi - sition in the relevant market. On the Federal Reserve Bank of New York at tee seeks to promote somewhat great« growth in monetary and credit aggre­ basis of the record before it, the Board the time such agreement is entered into, gates over the months ahead. Syste concludes that the effect of approval of or (2) the average issuing rate on the open market operations until the n the application herein may be substan­ most recent issue of 3-month Treasury meeting of the Committee shall be c tially to lessen competition in the Green bills, whichever is the lower.” ducted with a view to achieving o reserve and money market condit Bay area. Accordingly, this application N ote: For paragraph 1(a) of the directive, should be disapproved unless the Board see 36 F.R. 22697, for paragraph 1 (b) and consistent with that objective. finds that the anticompetitive effects ( c ) , see 32 F.R. 9584, for paragraph 2, see 36 By order of the Federal Open Market F.R. 19277, and for paragraph 3, see 35 F.R. are clearly outweighed in the public in­ 447. Committee, February 3,1972. terest by the probable effect of the trans­ A r th u r L. B roida, By order of the Federal Open Market action in meeting the convenience and Deputy Secretary. Committee, February 3, 1972. needs of the community to be served. [FR Doc. 72-2217 Filed 2-14-72; 6:46 ana] In our judgment, consummation of A r t h u r L. B roida, Deputy Secretary. applicant’s proposal would result in no i The Record of Policy Actions ofthe [FR Doc.72-2218 Filed 2-14-72; 8:48 am] significant benefit to the convenience mititee for the meeting of Novemb<* is filed as part of the original Boer** 3 Voting for this action: Chairman Burns Copies are available on request to Sv«tenv i All banking data are as of June 30, 1971, of Governors of the Federal Reserv ysteu* and reflect holding company formations and and Governors Robertson, Mitchell, Daane, Washington, D.C. 29551. acquisitions approved through Nov. 30, 1971. Maisel, Brimmer, and Sheehan.

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 NOTICES 3393

FEDERAL OPEN MARKET COMMITTEE gates over the months ahead, while taking Section 8(f) of the Act provides, in account of International developments. Current Economie Policy Directive pertinent part, that when the Commis­ By order of the Federal Open Market sion, upon application, finds that a reg­ In accordance with § 271.5 of its rules Committee, February 3, 1972. istered investment company has ceased regarding availability of information, to be an investment company, it shall so there is set forth below the Committee’s A r t h u r L . B roida, declare by order, and upon the taking Current Economic Policy Directive is­ Deputy Secretary. effect of such order the registration of sued at its meeting held on December 14, [FR Doc.72-2216 Filed 2-14-72;8:48 am ] such company shall cease to be in effect. 1971.1 Notice is further given that any inter­ The information reviewed at this meet­ ested person may, not later than March 1, ing suggests that real output of goods 1972, at 5:30 p.m„ submit to the Com­ and services is increasing more rapidly SECURITIES AND EXCHANGE mission in writing a request for a hear­ in the current quarter than it had in the ing on the matter accompanied by a third quarter, but the unemployment rate COMMISSION statement as to the nature of his interest, remains high. Increases in prices and [ 811-1862— 811-1868 ] the reason for such request and the wages were effectively limited by the 90- issues, if any, of fact or law proposed to day freeze, which ended in mid-Novem­ ABLE ASSOCIATES AND be controverted, or he may request he be ber. Since then some wage and price in­ ABLE RETIREMENT FUND notified if the Commission should order creases have occurred, but other in­ a hearing thereon. Any such communi­ creases requested have been cut back Notice of Filing of Application De­ cation should be addressed: Secretary, or not approved by the Pay Board and claring That Companies Have Securities and Exchange Commission, the Price Commission. The narrowly de­ Ceased To - Be Investment Com­ Washington, D.C. 20549. A copy of such fined money stock changed little in No­ panies request shall be served personally or by vember and has not grown on balance F e b r u a r y 9, 1972. mail (airmail if the person being served since August. Inflows of consumer-type Notice is hereby given that Able As­ is located more than 500 miles from the time and savings deposits to banks re­ sociates (Able) and Able Retirement point of mailing) upon Applicants at the mained rapid in November and the address stated above. Proof of such serv­ broadly defined money stock continued to Fund (Retirement), 174 Birch Drive, Manhasset Hills, N Y (collectively called ice (by affidavit or in case of an attorney increase moderately. Expansion in the “Applicants” ) both registered as open- at law by certificate) shall be filed con­ bank credit proxy stepped up as U.S. temporaneously with the request. At any end, nondiversified management invest­ Government deposits and nondeposit lia­ ment companies under the Investment time after said date as provided by Rule bilities increased on average. After ad­ 0-5 of the rules and regulations promul­ Company Act of 1940 (A c t), have filed an vancing in the latter part of November, gated under the Act, an order disposing application pursuant to section 8(f) of most market interest rates have been de­ of the application herein may be issued the Act for an order of the Commission clining recently, and discount rates at by the Commission upon the basis of declaring that Applicants have ceased to four Federal Reserve Banks were reduced the information stated in said applica­ be investment companies as defined in by an additional one-quarter of a per­ tion unless an order for hearing upon the Act. All interested persons are re­ centage point. The U.S. foreign trade said application shall be issued upon ferred to the application on file with balance was heavily in deficit in October. request or upon the Commission’s own the Commission for a statement of the In recent weeks net outflows of short­ motion. Persons who request a hearing representations set forth therein which term capital apparently have been sub­ or advice as to whether a hearing is are summarized below. stantial, market exchange rates for for­ ordered will receive notice of further de­ eign currencies against the dollar on Applicants represent that they regis­ velopments in this matter, including the average have risen further, and official tered under the Act on May 14, 1969, by date of the hearing (if ordered) and any reserve holdings of some countries have filing notifications of registration on postponements thereof. increased considerably. In light of the Form N-8A. For the Commission, by the Division of foregoing developments, it is the policy of Able Associates Fund (Fund), an open- Corporate Regulation, pursuant to dele­ the Federal Open Market Committee to end, nondiversified management invest­ gated authority. ««ter financial conditions consistent ment company was registered under the with the aims of the new governmental Act on September 30, 1969, for the pur­ [ s e a l ] R o n a ld F. H u n t , Program, including sustainable real eco­ pose of effecting an exchange on the Secretary. nomic growth and increased employment, Fund’s shares for outstanding interests [FR Doc.72-2225 Filed 2-14-72;8:48 am] abatement of inflationary pressures, and in Able and Retirement. The Fund’s cur­ attainment of reasonable equilibrium in rently effective Form S-5 Registration the country’s balance of payments. Statement was filed with the Commission [70-5137] on October 13,1971. Applicants represent implement this policy, the Committee NARRAGANSETT ELECTRIC CO. rixsa«,*0 Promote the degree of ease in bank that pursuant to a Plan (Plan) approved tIo. . ® and.money market conditions essen- by their partners, Able and Retirement Notice of Proposed Issue and Sale of fra»,+i,®I'eater growth in monetary aggregates would be dissolved after the effective date First Mortgage Bonds at Competi­ over the months ahead. of the Funds’ registration statement, and tive Bidding their assets would be distributed in pro­ December 20, 1971, Committee F e b r u a r y 9,1972. portion to the respective interests of the tHflbers voted unanimously to amend partners. Applicants further represent Notice is hereby given that The N ar- economlc policy directive by ragansett Electric Co. (Narragansett), f . 5 clause “while taking account that according to the Plan, the Fund offered to each partner of Able and Re­ 280 Melrose Street, Providence, R I 02901, PJ nJ™ ational developments” at the tirement the option to receive Fund an electric utility subsidiary company of thQfor rhe final sentence. As amended, New England Electric System (N E E S ), a wiat sentence reads as follows: shares in exchange for an assignment of each respective partner’s interest in registered holding company, has filed seek«! i?Plement this policy, the Committee the cash and securities held by Able and an application-declaration with this reserve Q??j0mote the degree of ease In bank Retirement. The exchange offer termi­ Commission pursuant to the Public Util­ tial â market conditions es sen- ity Holding Company Act of 1935 (Act), greater growth In monetary aggre- nated when all the partners assigned their respective interests in the assets of designating sections 6(b), 9 (a), 10, and Able and Retirement for shares of the 12 of the Act and Rules 42 and 50 pro­ of PoUcy Actions of the Com- Fund, Applicants state that at present, mulgated thereunder as applicable to the filed m m©eting of Dec. 14, 1971, ii neither Able nor Retirement have assets proposed transactions. All interested per­ are the original document. Copiée ** or limited partners. According to the sons are referred to the application- S vem 0l ble, ?n to the Board « declaration, which is summarized below, Plan, Able, and Retirement are now in Washington Reserve System for a complete statement of the proposed the process of dissolution. transactions.

FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3394 NOTICES Total sales of mutual fund shares by Narragansett proposes to issue and sell and proof of service (by affidavit or, in Equity amounted to $1,006,213 in the pe­ $7,500,000 aggregate principal amount of case of an attorney at law, by certificate) riod betweén January 1, 1971, through its First Mortgage Bonds, Series I , ------should be filed with the request. At any October 31, 1971. Of such amount percent, to mature not less than 5 years time after said date, the application- $897,835 or about 90 percent, was ac­ nor more than 30 years from the first declaration, as filed or as it may be counted for by sales of Berkshire Growth day of the month of March 1972. Such amended, may be granted and permitted Fund and Berkshire Capital Fund. bonds will be sold pursuant to the com­ to become effective as provided in Rule petitive bidding requirements of Rule 50 23 of the general rules and regulations Prior to December 14, 1971, section 10 and the interest rate (which shall be a promulgated under the Act, or the Com­ (a) of the Act provided that no regis­ multiple of one-eighth of 1 percent) and mission may grant exemption from such tered investment company should have the price exclusive of accrued interest rules as provided in Rules 20(a) and 100 a board of directors more than 60 per (which shall be not less than 100 percent thereof or take such other action as it centum of the members of which were nor more than 102.75 percent of the may deem appropriate. Persons who re­ persons who are investment advisers oí, principal amount) will be determined by quest a hearing or advice as to whether affiliated persons of, an investment ad­ the competitive bidding. The bonds will a hearing is ordered will receive notice viser of, or officers or employees of such be issued under the First Mortgage and of further developments in this matter, registered company. Effective Decem­ Indenture and Deed of Trust dated as of including the date of the hearing (if ber 14, 1971, amended section 10(a) of September 1,1944, between Narragansett ordered) and any postponements thereof. the Act provides that no registered in­ and Rhode Island Hospital Trust Na­ For the Commission, by the Division of vestment company shall have a board of tional Bank, trustee, as heretofore sup­ Corporate Regulation, pursuant to dele­ directors more than 60 per centum of the plemented and amended and as to be gated authority. members of which are persons who are interested persons of such registered further supplemented by an Eighth Sup­ [ s e a l ] R o n a ld F. H u n t , plemental Indenture to be dated as of Secretary. company. March 1, 1972, which may include a pro­ Section 2(a) (19) of the Act, in rele­ [PR Doc.72-2226 Piled 2-14-72;8:48 am] hibition until March 1, 1977, against re­ vant part, defined an interested person, funding the bonds with the proceeds of when used with respect to an investment funds borrowed at an effective interest [812-3027] company, as any broker or dealer regis­ cost lower than that of the Series I tered under the Securities Exchange Act Bonds. Narragansett will decide on both NATIONAL SECURITIES FUNDS of 1934 or any affiliated person of such a the maturity and refundability of the Notice of Filing of Application broker or dealer. Section 2(a) (3) of the Act defines an bonds after the date of public invitation For Exemption for proposals and subsequently notify affiliated person of another person to in­ prospective bidders, but not later than F e b r u a r y 9, 1972. clude any director, officer, or employee of the second full business day prior to Notice is hereby given that National such other person. the time of the bidding. Securities & Research Corp. (Applicant), Section 10(h) of the Act provides that The proceeds from the sale of .the 120 Broadway, New York, NY, has filed in the case of a registered management bonds will be applied towards the reduc­ on behalf of National Securities Funds company such as Fund which is an unin­ tion of $10 million of outstanding short­ (F un d), an open-end diversified manage­ corporated company not having a board term promissory notes evidencing bor­ ment investment company registered of directors, section 10(a) shall apply to rowings made for capitalizable expendi­ under the Investment Company Act of the board of directors of the depositor of tures or to reimburse the treasury 1940 (Act), an application pursuant to such company, i.e., Applicant. Under an therefor. . , . . . section 6(c) of the Act for an order ex­ order of the Commission of Septem­ The application-declaration states that empting Charles A. Foehl, Jr., a director ber 15, 1965 (Investment Company Act the Department of Business Regulation of Applicant, from the definition of in­ Release No. 4356), Applicant was ex­ of Rhode Island has jurisdiction over the terested person in section 2(a) (19) for empted from section 10(a) provided that issue and sale of the bonds, and that an the purposes of section 10 of the Act as such exemption would terminate u » appropriate order will be obtained from it applies to Fund and to Applicant. All any time a majority of the board ox

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 NOTICES 3395

such exemption is necessary or appro­ on such exchange and otherwise than on [MESBIC License Application 04/05-5102] priate in the public interest and consis­ a national securities exchange is re­ tent with the protection of investors and quired in the public interest and for the ENTERPRISES NOW, INC. the purposes fairly intended by the protection of investors; Notice of Application for a License as policy and provisions of the Act. I t is ordered, Pursuant to sections 19 a Minority Enterprise Small Busi­ Applicant asserts that Charles A. (a )(4 ) and 15(c)(5) of the Securities Foehl, Jr., should not be deemed an Exchange Act of 1934, that trading in ness Investment Company “interested person” of Applicant because such securities on the above mentioned An application for a license to operate his affiliation with Berkshire does not exchange and otherwise than on a na­ as a minority enterprise small business and will not inhibit his independence or tional securities exchange be summarily investment company (M ESBIC) under create an “interest” such as section suspended, this order will be effective at the provisions of the Small Business In ­ 2(a) (19) was designed to reach,land that 10 a.m., e.s.t., on February 9, 1972, and vestment Act of 1958, as amended (15 the requested exemption is, therefore, will terminate on February 18,1972. % U.S.C. 661 et seq.), has been filed by consistent with the interest of the Fund Enterprises Now, Inc., with the Small and the public. [ s e a l ] R o n a ld F. H u n t , Secretary. Business Administration (SBA) pur­ Notice is further given that any inter­ suant to § 107.102 of the SBA^rules and ested person may, not later than [FR Doc.72-2228 Filed 2-14-72; 8 :49 am] regulations governing small business in­ March 1, 1972, at 5:30 p.m., submit to vestment companies <13 CFR 107.102 the Commission in writing a request for (1971)). a hearing on the matter accompanied The officers and directors of the appli­ by a statement as to the nature of • his SMALt BUSINESS cant are as follows: interest, the reason for such request and the issues of fact or law proposed to be ADMINISTRATION Cain H. Felder, 2142 Beecher Circle SW., controverted, or he may request that he Atlanta, GA 30311, President, Director. [Declaration of Disaster Loan Area 875; Dr. W. Earle Wilson, 1498 Mozley Drive SW., be notified if the Commission shall order Class B ] Atlanta, GA 30314, Treasurer, Assistant a hearing thereon. Any such communi­ Secretary, Director. cation should be addressed: Secretary, WASHINGTON Mrs. Thelma D. Barnes, 899 Beckwith Street Securities and Exchange Commission, Declaration of Disaster Loan Area SW., Atlanta, GA 30314, Secretary, Director. Washington, D.C. 20549. A copy of such James M. Shopshire, Sr., 899 Beckwith Street request shall be served personally or by Whereas, it has been reported that dur­ SW., Atlanta, GA 30314, Director. mail (airmail if the person being served ing the month of January 1972, because Floyd C. Green, Jr., 2701 Oakland Avenue, is located more than 500 miles from the of the effects of certain disasters, damage Augusta, GA 30904, General Manager. point of mailing) upon Applicant at the resulted to residences and business prop­ The applicant, a Georgia corporation address stated above. Proof of such serv­ erty located in the State of Washington; with its principal place of business lo­ ice (by affidavit or in case of an attorney Whereas, the Small Business Adminis­ cated at 898 Beckwith Street SW., At­ at law by certificate) shall be filed con­ tration has investigated and has received lanta, G A 30314, will begin operations temporaneously with the request. At any other reports of investigations of condi­ with $200,000 of paid-in capital, con­ time after said date, as provided by Rule tions in the areas affected; sisting of 100,000 shares of common stock. 0-5 of the rules and regulations promul­ Whereas, after reading and evaluating All of the issued and outstanding stock gated under the Act, an order disposing reports of such conditions, I find that the will be owned by Black Methodists for of the application herein may be issued conditions in such areas constitute a Church Renewal, Inc., a nonprofit orga­ by the Commission upon the basis of the catastrophe within the purview of the nization located at 890 Beckwith Street information stated in said application, Small Business Act, as amended. SW., Atlanta, GA 30314. unless an order foj- hearing upon said Now, therefore, as Deputy Administra­ Applicant will not concentrate its in­ application shall be issued upon request tor of the Small Business Administration, vestments in any particular industry. or upon the Commission’s own motion. I hereby determine that: According to the company’s stated in­ Persons who request a hearing, or advice vestment policy, its investments will be as to whether a hearing is ordered, will 1, Applications for disaster loans under the provisions of section 7(b) (1) of made solely in small business concerns receive notice of further developments which will contribute to a well-balanced in this matter, including the date of the the Small Business Act, as amended, may be received and considered by the offices national economy by facilitating owner­ hearing (if ordered) and any postpone­ ship in such concerns by persons whose ments thereof. below indicated from persons or firms whose property situated in Cowlitz, participation in the free enterprise sys­ ,F°r Commission, by the Division Skamania, Whitman, Asotin, Grays Har- tem is hampered because of social or oi Corporate Regulation, pursuant to bar, Lewis, and Thurston Counties, economic disadvantages. delegated authority. Wash., suffered damage or destruction Matters involved in SBA’s considera­ [seal] R o n a ld P . H u n t , resulting from storms and floods begin­ tion of the applicant include the general Secretary. ning about January 19,1972. business reputation and character of the proposed owner and management, and [PR Doc.72-2227 Filed 2-14-72; 8 :49 am] O f f ic e s the probability of successful operation of Small Business Administration Regional Of­ fice, 1206 Smith Tower, 506 Second Avenue, the applicant under their management, [File No. 500-1] Seattle, W A 98104. including adequate profitability and fi­ Small Business Administration District Of­ t o p p e r c o r p nancial soundness, in accordance with . fice, 651 U.S. Courthouse, Post Office Box the Small Business Investment Act and Order Suspending Trading 2167, Spokane, W A 99210. Small Business Administration District Of­ the SBA rules and regulations. F e b r u a r y 9, 1972. fice, 700 Pittock Block, 921 Southwest Any interested person may, not later Washington Street, Portland, OR 97205. common stock, $1 par value, of than 15 days from the date of publication Mn of C?rp- being traded on the Ameri- 2. Applications for disaster loans of this notice, submit to SBA, in writing, vici Jftoi? /^change, pursuant to pro­ under the authority of this Declaration relevant comments on the proposed of iq^I J^e Securities Exchange Act will not be accepted subsequent to Au­ cw . u -n(* ° t h e r securities of Topper gust 31,1972. MESBIC. Any such communication should be addressed to the Associate 8 traded otherwise than on a Dated: February 4, 1972. nal securities exchange; and i Administrator for Operations and In­ chsmt!!P^P'ring to the Securities and Ex- A n t h o n y G. C h a s e , vestment, Small Business Administra­ suKnJnl • Commlssion that the summary Deputy Administrator. tion, 1441 L Street NW., Washington, DC hsion of trading in such securities [FR Doc.72-2201 Filed 2-14-72; 8 :47 am] 20416.

FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3396 NOTICES

A copy of this notice shall be published issuance of a temporary exclusion order in a newspaper of general circulation in TARIFF COMMISSION because there is no definable producing Atlanta, Ga. [337—L—46] industry in existence nor is there an in­ dustry within the purview of the statute Dated: February 7, 1972. CLOSED TOE CIRCULAR HOSIERY prevented from being established. A . H . S in g e r , KNITTING MACHINES AND DEVICES Issued: February 10,1972. Associate Administrator for Operations and Investment. Extension of Time for Filing Written By order of the Commission. Views [FR Doc.72-2203 Filed 2-14-72;8:47 am] K e n n e t h R. M ason, On December 2, 1971, the U.S. Tariff Secretary. Commission published notice of the re­ [FR Doc.72-2239 Filed 2-14-72;8:49 am] [ License 04/05-0100] ceipt of a complaint under section 337 SPACE COAST SBIC, INC. of the Tariff Act of 1930, filed by Scott & Williams, Inc., of Laconia, N.H., al­ Notice of Issuance of Small Business leging unfair methods of competition and DEPARTMENT OF LABOR Investment Company License unfair acts in the unauthorized impor­ tation and sale of certain closed toe cir­ Employment Standards On January 15, 1972, a notice was cular hosiery knitting machines and de­ Administration published in the F ederal R eg ister (37 vices said to be embraced within the F.R. 689) stating that Space Coast SBIC, claims of U.S. Patent No. 3,340,706 and EXTENSION OF EXPIRATION DATES Inc., 101 South Courtenay Parkway, Reissue No. 26,580, which reissued patent OF DAVIS-BACON AREA WAGE Merritt Island, FL 32952, had filed an is owned by complainant (36 F.R. 23018). application with the Small Business Ad­ DETERMINATIONS The complaint also alleged further un­ ministration (SBA) pursuant to the Reg­ fair mçthods or acts in the form of a Notice of Variation From Certain ulations governing small business in­ conspiracy or combination among the re­ Labor Standards vestment companies (13 CFR Part 107, spondents to avoid competition among Whereas a number of general or area 33 F.R. 326) for a license to operate as themselves in the United States and to a small business investment company. wage determinations of the Secretary boycott complainant’s patents. of Labor issued under the Davis-Bacon Interested parties were given to the Interested parties were given until Jan­ Act. and the provisions of other Federal close of business January 25, 1972, to uary 10, 1972, to file written views per­ submit written comments to SBA. No statutes containing provisions for the tinent to the subject matter of a prelimi­ payment of wages which are dependent comments were received. nary inquiry into the allegations of the Notice is hereby given that, having upon determinations by the Secretary of complaint. On December 27, 1971, the considered the application and all other Labor under the time for filing written views was extended Davis-Bacon Act will pertinent information, SBA has issued until February 9, 1972 (36 F.R. 25267). soon expire; and whereas the burden­ License No. 04/05-0100 to ¡Space Coast some process of republication of these The time for filing written views has now SBIC, Inc., pursuant to section 301(c) determinations would not be in the been extended until the close of business public, of the Small Business Investment Act interest, because all appropriate changes on February 16, 1972. of 1958, as amended. in such wage determinations have reg­ Issued: February 10, 1972. ularly been incorporated into the Dated: February 7,1972. deter­ By order of the Commission. minations by modifications published in A . H . S in g e r , the F ederal R e g ister , I find that the Associate Administrator [ s e a l ] K e n n e t h R. M a s o n , variation from the provisions of 29 CFR for Investment. Secretary. 5.4 set forth below is necessary in order [FR Doc.72-2204 Filed 2-14-72;8:47 am] [FR Doc.72-2240 Filed 2-14-72;8:50 am] to avoid serious impairment in the con­ duct of Government business. I also find that notice, public procedure, and delay [337-L-43] ASSISTANT ADMINISTRATOR FOR in the effective date of this document ADMINISTRATION AND OPERA­ PAPER STITCHERS extending th e life of wage determine tions would be contrary to the public in­ TIONS AND ASSOCIATE ADMINIS­ Notice of Dismissal of Complaint TRATOR FOR INVESTMENT terest within the meaning of 5 U.S.C. w • After preliminary inquiry in accord­ Accordingly, notice is hereby giv^n tna Transfer of Functions and Title ance with § 203.3 of its rules of practice pursuant to the provisions of 29 CFRj>. Changes and procedure (19 ÇFR 203.3), the U.S. the expiration date of each outstanding Tariff Commission, on February 4, 1972, general or area wage determination Notice is hereby given that the title dismissed (Commissioner Leonard dis­ the Secretary of Labor issued under t of “Assistant Administrator for Admin­ senting) the complaint filed under sec­ Davis-Bacon Act and the related statutes, istration” is changed to “Assistant Ad­ tion 337 of the Tariff Act of 1930 by as modified, is extended for a Pfrl0û ,. ministrator for Administration and Op­ Robert T. Kaufman of Silver Spring, Md., 120 days from the date on which it wo erations” and the title of “Associate alleging unfair methods of competition have expired: Provided, however, Administrator for Investment and Op­ and unfair acts in the importation and during this period of extension such erations” is changed to “Associate Ad­ sale of certain paper stitchers which are wage determinations will continue to ministrator for Investment.” This is to embraced within the claims of U.S. Pat­ modified as appropriate. provide for a transfer of responsibilities ent No. 2,994,881 owned by the complain­ with respect to all field operations of the Signed at Washington, D.C., this 11th ant. Notice of the receipt of the com­ Small Business Administration. day of February 1972. plaint was published in the F ederal R eg­ , Effective date: February 1,1972. H orace E. M enasco, ist e r (36 F.R. 303) on January 8, 1971. Administrator oj T h o m a s S. K l e p p e , The Commission dismissed the com­ Employment Standards. Administrator. plaint at this time without ordering a [FR Doc.72-2331 Filed 2-14-72;8:52 am] [FR Doc.72-2202 Filed 2-14-72;8:47 am] full investigation or recommending the

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 NOTICES 3397

M o to r C arriers o f P r o p e r t y in tank vehicles, from Peabody, Mass., INTERSTATE COMMERCE No. M C 103490 (Sub-No. 67 T A ), filed to Portland and Lewiston, Maine, for 180 January 31, 1972. Applicant: PROVAN days. Supporting shipper: Eastman COMMISSION TRANSPORT CORP., 210 Mill Street, (Gelatine Corp., Peabody, Mass. 01960. Newburgh, NY 12550. Applicant’s repre­ Send protests to: James F. Martin, Jr., fourth s e c t io n application f o r sentative: Bert Collins, 140 Cedar Street, Assistant Regional Director, Interstate RELIEF New York, N Y 10006. Authority sought to Commerce Commission, Bureau of Oper­ ations, John F. Kennedy Federal Build­ F e b r u a r y 10,1972. operate as a common carrier, by motor vehicle, over irregular routes, transport­ ing, Government Center, Boston, M A Protests to the granting of an appli­ 02203. ing : Concrete pipe and fittings on flatbed cation must be prepared in accordance trailers, from Newburgh, N.Y., to W an- No. MC 114890 (Sub-No. 56 T A ), filed with § 1100.40 of the general rules of tagh, Long Island, N.Y., and Jones January 27, 1972. Applicant: C. E. practice (49 CFR 1100.40) and filed with­ Beach, Long Island, N.Y., for the account REYNOLDS TRANSPORT, INC., Post in 15 days from the date of publication of of Price Brothers Co., for 180 days. Sup­ Office Box A, Joplin, MO 64801, Termi­ this notice in the F ederal R e g ister . porting shipper: Price Brothers Co., Post nal : A. A. Highway, Caterville, L o n g - a n d -S h o r t H a u l Office Box 825, Dayton, OH 45401. Send 64835. Applicant’s representative: Frank PSA No. 42349—Boards or sheets from protests to: Robert A. Radler, Officer in Shagets (same address as above). Au­ and to points in southwestern territory. Charge, Interstate Commerce Commis­ thority sought to operate as a common Filed by Southwestern Freight Bureau, sion, Bureau of Operations, 518 Federal carrier, by motor vehicle, over irregular agent (No. B-286), for interested rail Building, Albany, N.Y. 12207. routes, transporting: Fertilizer and fertilizer materials, from Tulsa Port of carriers. Rates on boards or sheets, in No. MC 107983 (Sub-No. 15 T A ), filed Catoosa, Okla., to points in Arkansas, carloads, as described in the application, January 26, 1972. Applicant: COLD­ Kansas, Missouri, Oklahoma, and Texas, from points in southwestern territory, to WAY EXPRESS, INC., Box 26, 1069 for 180 days. Supporting shippers: W ill- points in western trunkline, official (in­ Johnson Street, Morton, IL 61550. Appli­ chemco, Inc., National Bank of Tulsa cluding Illinois) territories, on the one cant’s representative: George S. Mullins, Building, Tulsa, Okla. 74103; Olin Agri­ hand; also from specified points in Illi­ 4704 West Irving Park Road, Chicago, IL cultural Division, Post Office Box 991, nois, also Kansas and Missouri, to points 60641. Authority sought to operate as a Little Rock, AR 72203. Send protests to: in southwestern territory, on the other. contract carrier, by motor vehicle, over John V. Barry, District Supervisor, Inter­ Grounds for relief— Market competi­ irregular routes, transporting: Gravity state Commerce Commission, Bureau of tion, rate relationship, and short-line dis­ flow wagon boxes, running gear, wheels, Operations, 1100 Federal Office Building, tance formula and grouping. hubs, fertilizer equipment, plows and re­ Tariff—Supplement J.15 to Southwest­ 911 Walnut Street, Kansas City, MO lated parts, between Goodfield, HI., and 64106. ern Freight Bureau, agent, tariff ICC points in Alabama, Arkansas, Colorado, 4883. Rates are published to become ef­ Georgia, Idaho, Illinois, Indiana, Iowa, No. MC 117119 (Sub-No. 450 T A ), filed fective on March 11,1972. Kansas, Kentucky, Louisiana, Michigan, January 27, 1972. Applicant: WILLIS By the Commission. Minnesota, Mississippi, Montana, Mis­ SHAW FROZEN EXPRESS, INC., Post souri, Nebraska, iNew York, North Office Box 108, Elm Springs, AR 72728. [ seal] R o bert L . O s w a l d , Dakota, Ohio, Oklahoma, Pennsylvania, Authority sought to operate as a com­ Secretary. South Dakota, Tennessee, Texas, Utah, mon carrier, by motor vehicle, over [FR Doc.72-2265 Filed 2-14-72; 8:52 am] Wisconsin, and Wyoming, for 180 days. irregular routes, transporting: Food­ Supporting shipper: William J. Dietrich, stuffs, from Stilwell, Okla., to points in Dietrich Manufacturing, Inc., Post Office Oklahoma, Arkansas, New Mexico, Texas, [Notice 21] Box 65, Goodfield, IL 61742. Send protests Colorado, Kansas, Missouri, and Cali­ MOTOR CARRIER TEMPORARY to: Raymond E. Mauk, District Super­ fornia, for 180 days. Supporting shipper: Stilwell Foods, Stilwell, Okla. 74960. AUTHORITY APPLICATIONS visor, Interstate Commerce Commission, Bureau of Operations, Everett McKinley Send protests to: District Supervisor F e b r u a r y 9, 1972. Dirksen Building, 219 South Dearborn William H. Land, Jr., Interstate Com­ The following are notices of filing of Street, Room 1086, Chicago, IL 60604.- merce Commission, Bureau of Opera­ applications for temporary authority tions, 2519 Federal Office Building, 700 No. MC 111170 (Sub-No. 182 TA), West Capitol, Little Rock, AR 72201. under section 210a(a) of the Interstate filed January 27, 1972. Applicant: Commerce Act provided for under the WHEELING PIPE LINE, INC., Post No. MC 117147 (Sub-No. 5 T A ), filed rules of Ex Parte No. MC-67 (49 Office Box 1718, 2811 North West Ave­ January 27, 1972. Applicant: STARR’S CFR Part 1131) k published in the F ederal nue, El Dorado, AR 71730, Authority TRANSPORTATION, INC., Upper Main register, issue of April 27, 1965, effec­ sought to operate as a common carrier, Street, North Troy, V T 05859. Applicant’s tive July l, 1965. These rules provide that by motor vehicle, over irregular routes, representative: Mary E. Kelley, 11 River­ Protests to the granting of an applica­ transporting: Weed killing compound, in side Avenue, Medford, M A 02155. Au­ tion must be filed with the field official bulk, from Jacksonville, Ark., to points thority sought to operate as a contract amed in the F ederal R eg ister publica- in the United States (exeept Alaska and carrier, by motor vehicle, over irregular ion, within 15 calendar days after the Hawaii), for 180 days. Supporting routes, transporting: Plywood finishes, oate of notice of the filing of the appli- shipper: Transvaal, Inc., Post Office Box such as, varnish, paints, enamels, and p 10n Is Published in the F ederal 69, Jacksonville, A R 72076. Send protests thinning compounds, in containers, from egister. One copy of such protests must to: District Supervisor William H. Land, Milwaukee, Wis., to Hancock, Vt., under on ^he applicant, or its au- Jr., Interstate Commerce Commission, contract with Weyerhaeuser Co. to Chi­ inonzed representative, if any, and the Bureau of Operations, 2519 Federal Office cago, HI., for 180 days. Supporting w u S mus* certify that such service Building, 700 West Capitol, Little Rock, shipper: Weyerhaeuser Co., 545 West­ snw>-fl n ma<*e- The protests must be AR 72201. minster Street, Fitchburg, M A 01420. * 88 service which such pro- Send protests to: District Supervisor No. MC 112963 (Sub-No. 24 T A ), filed f f ca?1 an(l offer, and must con- Martin P. Monaghan, Jr., Interstate oi a signed original and six copies. January 28, 1972. Applicant: ROY Commerce Commission, Bureau of Oper­ BROS., INC., 764 Boston Road, Pine- ations, 52 State Street, Room 5, Mont­ c.?py the application is on file, and hurst, M A 01866. Applicant’s represent­ examined at the Office of the pelier, V T 05602. ative: Leonard E. Murphy (same ad­ tary, Interstate Commerce Com- dress as above). Authority sought to No. MC 117304 (Sub-No. 28 T A ), filed ^ o n , Washington, D.C., and also in operate as a common carrier, by motor January 26, 1972. Applicant: DON PAF- °fflce to wtlich Protests are to be vehicle, over irregular routes, transport­ FILE, doing business as PAFFILE transmitted. ing: Di-calcium phosphate, dry in bulk, TRUCK LINES, 2906 29th Street North,

FEDERAL REGISTER, VOL. 37, NO. 31— -TUESDAY, FEBRUARY 15, 1972 3398 NOTICES

Lewiston, ID 83501. Applicant’s repre­ President and General Manager). Send fornia, Connecticut, Massachusetts, and sentative: George R. LaBissoniere, protests to: John T. Vaughan, District New Jersey to Omaha, Nebr., for 180 days. 1424 Washington Building, Seattle, W A Supervisor, Bureau of Operations, Inter­ Supporting shipper: General Leisure 98101. Authority sought to operate as a state Commerce Commission, 5239 Fed­ Products Corp., Post Office Box 529, common carrier, by motor vehicle, over eral Building, Salt Lake City, Utah 84111. Downtown Station, Omaha, NE 68101. irregular routes, transporting: Lumber, Send protests to: J. H. Ambs, District No. MC 124328 (Sub-No. 50 T A ), filed Supervisor, Bureau of Operations, Inter­ from points in Idaho north of the south­ December 27, 1971. Applicant: BRINK’S ern boundaries of Idaho and Lemhi state Commerce Commission, Post Of­ INCORPORATED, 234 East 24th Street, fice Box 2340, Fargo, ND 58102. Counties, Idaho, to points in Wyoming Chicago, IL 60616. Applicant’s repre­ and Colorado, for 180 days. Supporting sentative: F. D. Partland (same address No. MC 134387 (Sub-No. 10 TA), filed shippers: Potlatch Forests, Inc., General as above). Authority sought to operate as January 26, 1972. Applicant: BLACK­ Offices, Lewiston, Idaho 83501; Kamiah a contract carrier, by motor vehicle, over BURN TRUCK LINES, INC., 4998 Bran- Mills, Post Office Box 638, Kamiah, ID irregular routes, transporting: Coin, be­ yon Avenue, South Gate, CA 90280. 83536; Konkolville Lumber Co., Inc., Oro- tween Coral Gables, Fla., on the one Applicant’s representative: David P. fino, Idaho 84544; Daugherty & Sons, hand, and, on the other, Boston, Mass.; Christianson, 825 City National Bank Star Route, Rooskia, Idaho 83539; Zellco, New York, and Buffalo, N.Y.; Philadel­ Building, 606 South Olive Street, Los Inc., Kooskia, Idaho. Send protests to: phia, Pa.; Cleveland and Cincinnati, Angeles, CA 90014. Authority sought to E. J. Casey, District Supervisor, Bureau Ohio; Pittsburgh, Pa.; Baltimore, Md.; operate as a common carrier, by motor of Operations, Interstate Commerce Charlotte, N.C.; Atlanta, Ga.; Birming­ vehicle, over irregular routes, transport­ Commission, 6130 Arcade Building, Seat­ ham, Ala.; Nashville, Tenn.; New Or­ ing: Metal cans and can ends, from tle, Wash. 98101. leans, La.; Chicago, 111.; Detroit, Mich.; points in Alameda and Santa Clara No. MC 117799 (Sub-No. 26 T A ), filed St. Louis, Mo.; Little Rock, Ark.; Louis­ Counties, Calif., to Kent and Vancouver, January 26,1972. Applicant: BEST W AY ville, Ky.; Memphis, Tenn.; Minneapolis, Wash., for 180 days. Supporting shipper: FROZEN EXPRESS, INC., Room 205, Minn.; Helena, Mont.; Kansas City, Mo.; National Can Corp., 1657 Rollins Road, 3033 Excelsior Boulevard, Minneapolis, Denver, Colo.; Oklahoma City, Okla.; Burlingame, CA. Send protests to: Wal­ M N 55416. Applicant’s representative: Omaha, Nebr.; Dallas, El Paso, Houston, ter W . Strakosch, District Supervisor, K. O. Petrick (same address as above). San Antonio, Tex.; San Francisco and Interstate Commerce Commission, Bu­ Authority sought to operate as a com­ Los Angeles, Calif.; Portland, Oreg.; Salt reau of Operations, Room 7708 Federal mon carrier, by motor vehicle, over ir­ Lake City, Utah; Seattle, Wash.; Culpep­ Building, 300 North Los Angeles Street, regular routes, transporting: Styropar, per, Va.; Ft. Knox, Ky.; Richmond, Va.; Los Angeles, CA 90012. (in drum s), from Jamesburg, N.J., to Washington, D.C.; and West Point, N.Y.; No. MC 134875 (Sub-No. 1 TA ), filed Nixa, Mo., for 150 days. Supporting ship­ for 180 days. Supporting shipper: Mr. January 31, 1972. Applicant: John W. per: Diversified Plastics Corp., Nixa, Mo. Robert F. Lenzi, Chief, Contracts and Smoot, Box 124, Mount Jackson, Send protests to: A. N. Spath, District Negotiations Branch, Transportation and VA 22842. Applicant’s representative: Supervisor, Bureau of Operations, Inter­ Communications Service, General Serv­ M. Bruce Morgan, 201 Azar Building, state Commerce Commission, 448 Federal ices Administration, Washington, D.C. Glen Bumie, Md. 21061. Authority Building and U.S. Courthouse, 110 South 20405. Send protests to: Raymond E. sought to operate as a common carrier, Fourth Street, Minneapolis, M N 55401. Mauk, District Supervisor, Interstate by motor vehicle, over irregular routes, Commerce Commission, Bureau of transporting: Textiles, such as spun yam No. MC 119399 (Sub-No. 32 T A ), filed Operations, Everett McKinley Dirksen January 28, 1972. Applicant: CON­ and/or synthetic yam, between Edin­ Building, Room 1086, 219 South Dear­ burg, Winchester, and Woodstock, Va., TRACT FREIGHTERS, INC., 2900 Davis born Street, Chicago, IL 60604. Boulevard, Post Office Box 1375, Joplin, Belmont, Albermarie, High Point, and M O 64801. Applicant’s representative: No. MC 124813 (Sub-No. 90 T A ), filed Valdese, N.C., and Spartanburg, S.C., on David L. Sitton (same address as above). January 26, 1972. Applicant: UMTHUN the one hand, and, on the other, Abilene, Authority sought to operate as a com­ TR UCK ING CO., 910 South Jackson Tex., for 180 days. Supporting shipper: Aileen, Inc., Manufacturing Division, mon carrier, by motor vehicle, over ir­ Street, Eagle Grove, IA 50533. Applicant’s regular routes, transportiny: Dry fertil­ representative: William L. Fairbank, 900 Edinburg, Va. 22824. Send protests to: Robert D. Caldwell, District Supervisor, izer and fertilizer materials, from Tulsa Hubbell Building, Des Moines, Iowa Interstate Commerce Commission, Bu­ Port of Catoosa, Okla., to points in 50309. Authority sought to operate as a Arkansas, Kansas, Missouri, Oklahoma, common carrier, by motor vehicle, over reau of Operations, 12th and Texas, for 180 days. Supporting irregular routes, transporting: Soybean tion Avenue NW., Washington, DC tout. shippers: Willchemco, Inc., National meal, in bulk, in hopper vehicles, from No. MC 136365 TA, filed January 27, Bank of Tulsa Building, Tulsa, Okla. the plantsite of Cargill, Inc., Cedar >72. Applicant: MIXON MILLING 74103; Olin Corp., Agricultural Division, Rapids, Iowa, to points in Illinois on and OM PANY OF CAIRO, INC., Second Post Office Box 991, Little Rock, AR north of U.S. Highway 36, for 150 days. venue SE., Cairo, G A 31728. Applic* . 72203. Send protests to: John V. Barry, Supporting shipper: Cargill, Inc., Cargill jpresentative: Martin Sack, Jr., District Supervisor, Interstate Commerce Building, Minneapolis, Minn. 55402. Send fulf Life Tower, Jacksonville, • Commission, Bureau of Operations, protests to: Herbert W . Allen, Trans­ uthority sought to operate as a co portation Specialist, Interstate Com­ 1100 Federal Office Building, 911 Walnut wrier, by motor vehicle, over irregular Street, Kansas City, M O 64106. merce Commission, Bureau of Opera­ tions, 677 Federal Building, Des Moines, jutes, transporting: Salt, froia Ca^°’ No. MC 123061 (Sub-No. 62 TA), Iowa 50309. ra., to points in Alabama and Fjor ’ filed December 27, 1971. Applicant: jr 180 days. Supporting shipper: Carpi, LEATHAM BROTHERS, INC., 46 Orange No. MC 134145 (Sub-No. 16 T A ), filed ic., Salt Department, Minneapolis- Street, Salt Lake City, U T 84104. Au­ January 27, 1972. Applicant: NORTH thority sought to operate as a common STAR TRANSPORT, INC., Post Of­ finn. 55402. Send protests to: Dist fice Box 51, Thief River Falls, M N carrier, by motor vehicle, over irregular upervisor G. H. Fauss, Jr., ®ure 56701. Applicant’s representative: Rob­ »perations, Interstate Commerce routes, transporting: Fiberglass bath­ ert P. Sack, Post Office Box 6010, West fission, Box 35008, 400 West Bay room fixtures and auxiliary hardware in­ St. Paul, M N 55118. Authority sought to cidental to the fixture and/or the in­ operate as a contract carrier, by motor stallation thereof, from Boise, Idaho, to vehicle, over irregular routes, transport­ By the Commission. ing: Parts, materials, supplies, and equip­ Belgrade and Livingston, Mont., for 180 [S E A L] . ROBERT L. O S W « ^ days. Supporting shipper: Component ment, used in the manufacture of motor bikes, lawn mowers, and attachments, Structures, Inc., 1622 Taggart Street, [PR DOC.72-2264 Piled 2-14-72,8.81 A®! and snowmobiles, from points in Cali­ Boise, 3D 83705 (Ronald A. West, Vice

FEDERAL REGISTER, VOL. 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 NOTICES 3399

[Notice 14—A] No. MC-FC-73398. By order of Febru­ cified points and areas in Massachusetts, MOTOR CARRIER TRANSFER ary 7, 1972, the Motor Carrier Board ap­ Connecticut, and specified commodities proved the transfer to Mallory Moving PROCEEDINGS of a general commodity nature, between & Storage, Inc., 207 North 10th Street, points in Massachusetts, Vermont, Rhode F e b r u a r y 10,1972. Columbia, MO, of certificate No. M C - Island, Connecticut, and New York. Synopses of orders entered pursuant to 86457 issued February 20, 1950, to Scur- Harris N. Aaronson, attorney, 57 Wendell section 212(b) of the Interstate Com­ lock Transfer & Storage Co., Inc., 207 Avenue, Pittsfield, M A 01201. merce Act, and rules and regulations pre­ North 10th Street, Columbia, MO, au­ thorizing the transportation of: General No. MC-FC-73451. By order of Febru­ scribed thereunder (49 CFR Part 1132), ary 3, 1972, the Motor Carrier Board ap­ appear below : ----- commodities, including household goods, but with certain exceptions, between proved the transfer to Rone Trucking, As provided in the Commission’s spe­ Inc., Morgantown, Ky., of the operating cial rules of practice any interested per­ Columbia, Mo., and points within 4 miles thereof. rights in permit No. MC-127824 (Sub- son may file a petition seeking recon­ No. 1) issued November 14, 1966, to Otto sideration of the following numbered No. MC-FC-73428. By order of Febru­ Rone, Logansport, Ky., authorizing the proceedings within 20 days from the date ary 8, 1972, the Motor Carrier Board ap­ transportation of various commodities of publication of this notice. Pursuant to proved the transfer to Berkshire Express, from specified points in Kentucky to section 17(8) of the Interstate Commerce Inc., Pittsfield, Mass., of certificates Nos. points in Illinois, Indiana, Michigan, and Act, the filing of such a petition will post­ MC-85608 (Sub-No. 1) and MC-85608 Ohio. Robert M. Pearce, Post Office Box (Sub-No. 3) issued September 14, 1967, pone the effective date of the order in E, Bowling Green, K Y 42101, attorney for and November 21, 1963, to Richard L. applicants. that proceeding pending its disposition. Conway, doing business as Berkshire Ex­ The matters relied upon by petitioners press, Pittsfield, Mass., authorizing the [ s e a l ] R obert L. O s w a l d , must be specified in their petitions with transportation of: General commodities, Secretary. particularity. with the usual exceptions, between spe­ [PR Doc.72-2263 Filed 2-14-72;8:51 am]

CUMULATIVE LIST OF PARTS AFFECTED— FEBRUARY

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 February.

3 CFR Pae® 6 CFR Page 7 CFR—Continued Page Proclamations : 101 ______2491, 2678 1049______—_____—______2933 2032 (see PLO 5158) 3658 102 ______2478 1050 ______2934 2372 (see PLO 5158)______3058 200 ______2479 1060______2934 2761A (see Proc. 4102) 2417 201 ______3357 1061-—______2934 2929 (see Proc. 4102) 2417 300 ______' ____ 2842 1063 ______2934 3140 (see Proc. 4102) 2417 311 ______:______2480 1064 ______2935 3967 (see Proc. 4102) 2417 1065 ______2497, 2935 4102------_ 2417 7 CFR 1068___ — ______;______2935 4103— ------2489 7 ______3349 1069______;______2935 4104______2643 51 2745 1070— ______— ______2936 4105 ------_------2831 53 _ — ______2745 1071______■:______2936 4106 ------2921 501 ______2423 1073______2936 4107 ______3165 502 9A94 1075 ______2936 Executive Orders: 701 ______2833 1076 ______2937 1078 ______2937 January 27,1913 (partially re­ 706 ------2491 722 ------3171 1079 ______:______2937 voked by PLO 5159) 3184 1090______2937 5237 (partially revoked by PLO 724______2745 726______2496 1094------2938, 2944 5155)------2840 1096 ______2938 5327 (see PLO 5157) 3057 729_ _ s------2645, 2765 795______3049 1097 ______2938 7295 (see PLO 5162) 3185 1098—______2938 8592 (see PLO 5162) _ 3185 811 ------______2659 905 ------^ ______2660 1099______;______2939 11248 (amended by EO 1101 ______2939 11641) __ 2421 906 — — ------_ 2765, 3049 907 ------__ _ 2569, 2927 1102 ______2939 11345 (amended by EO 11646) _ 2925 1103 ______2939 11568 (see EO 11642) 2565 910------2426, 2766, 2834, 3171 11641___ o/ioi 928— ------2927 1104 ______i____ 2940 993------3349 1106______2940 1164!...— ------2SK 1001______2928 1108______2940 11644____— ------2875 1002— ______2929 1120______2940 11645...... till 1004 ______2929 1124 ______2940 11646....;------1006 ______2930 1125 ------2941 11647.™ — ------2925 1007 ------2930 1126 ----- 2941 1011 ------2930 1127 ------2941 ^Residential Documents O ther 1012 ------2930 1128.______2941 Phan P roclamations and 1013------______2931 1129 ______2942 Executive Orders: 1015 2931 1130 ______2942 memorandum of January 27, ------___ 1030______2931 1131 ------2942 i »72_—------2567 1032 ------2932 1132 ______2942 5 CFR 1033 ------2932 1133 ------2943 213 1036 ______2932 1134 ------2943 1136 ______2943 55oZ~~— 2423, 2491, 2841> 2842* 2879, 3049 1040______2932 1137 ______2943 1043 ______2933 Proposed R ules: 1138 ------2944 1044 ------2933 1806------* ------2879 1046------2933 1823_------2879, 3172

No. 31. FEDERAL REGISTER, V O L 37, NO. 31— TUESDAY, FEBRUARY 15, 1972 3400 FEDERAL REGISTER Page 7 CFR—Continued Page 14 CFR—Continued page 22 CFR 41______1871------2569 P roposed R o l e s — Continued 2439,3053 1890___ 3174 7 3 ______2847 1890i______3172 103 ______2587, 2588 24 CFR 121 ______2523, 2684 275 3185 P roposed R o l e s : 127______- ______2523 fifiO 2665 29____ 3362 1710 ____ 51___ 3363 159______- ______------3059 2768 183______i.-_____ 2523 1911 !WR(j 59_ 2775,3187 1914 2505, 2««1 81_"______2778 1915 2505 9RR9 726______- - - - - 2773 15 CFR 729______2774 377____ — ...... — 2430 25 CFR 909______3366 386______— ------3175 2 2 1 ______...... 2506 945______2344 P roposed R o l e s : roposed oles 966______— ------2845 7— ______2846 P R : 982______:______2515 43h______— _ ...... 2679 987______2890 16 CFR 221 ______3060 993_.______2515 13______2575, 2576, 2578-2581, 2953 1001 ------3187 26 CFR P roposed R o l e s : 1002 ______3187 | § f e - __ 2506 1046—______2969 425 ______2848 301— ______2481. 2506 1421------2844 432______2454, 2849 1434______2775 P roposed R oles: 1446______2844 17 CFR 1______. 2773 1481------2890 241 ______3050 1701______2846 P roposed R o l e s : 28 CFR 3180 230------2596,2598 8 CFR 2596, 2598 9 ______2768 239 ___ 2769 214______2766 240 * 3059 45 ______238______2766 332______2767 18 CFR 29 CFR 332d______2767 2502, 2954 727 3180 334______2767 1904 . , _ 2439 334a______2767 P roposed R o l e s : 1910 _ 3053 339______2767 m i ______2451 2451 P roposed R oles: 341 ______x ______2767 104 ______2443 2451 400 342 ______2767 105 — 2443 141 _ 2451 1926______9 fin 2451, 3193 9 CFR 30 CFR l i ______2426 19 CFR P r o po sed R o l e s : 73____ 2945 2430, 2665 ___ 2968 82____ ’1— 2429, 2498, 3050 12______80______97------______2430 P roposed R o l e s : 113______2430 1 ______2443 31 CFR ______2661 2554 301______2509 316...... ______2661 134 ___ 2509 315—__I------______2661 32 CFR P roposed R o l e s 20 CFR 3181 1452______2672 316 ______2779 014 ______2434 1801. 2673 317 _1------______2779 017 , ...... 2434 1808______P roposed R o l e s : P roposed R o l e s : 2684 ______2849 12 CFR 020 ______1499— 701______2946, 3174 P roposed R o l e s : 21 CFR 32A CFR 529______2447 ...... t* 3175 Ch. X : o" _____ 2439 750______2594 ______2503, 3175 O I Reg. 1------Q 3177 13 CFR 121______2437, 2958-2960, 3177 33 CFR 13R . . - 2961, 3053 3350 120___ 2569 _ 3053 3______2838 2947 1351* 117______123____ 1 35<*. _ 3178 P roposed R o l e s : 135e______2960, 2961 2587,2890 HO _____ - 2446,2447, 14 CFR 141c______2665 2521,2522 9Q _ 2498, 2570, 2662,2835, 2880 141d______3178 117— — — “ ______2570- 2572 144______2960 2835-2837, 2952, 2953, 3050, 3349 146a______2665, 3178 36 CFR _____ 3350 ijg ______2499, 2837 146c______2665 6______75— I I — — — — — — 2499,2500, 2572, 2767 146d______r ______3178 9 3 I I I — ------2953 146e______. 2665, 3179 37 CFR ______2573 148i______3179 9 7 .. ______— ______2662, 3174 148n______2665 2500 ______2438 12lZ______149a______P roposed R o l e s : 2664 221______P roposed R o l e s : 2501 1______241------15------3189 P roposed R o l e s : 17______3189 3366 38 CFR 2676 ______2523 121______3060 61______2969 3352 0 7 ______2523 130______2444 71— 2524, 2587, 2682,2683, 3059, 3367 135...... FEDERAL REGISTER 3401

39 CFR Page 4 3 CFR Page 4 7 CFR Page Ch. I------2423 2------— ------2677 1------3277 273______3352 25------3183 2— ------2771 619______—— ______3056 15------3277 P u b l ic L an d O r d er s: 21— ------2583, 3277, 3354 40 CFR 1272 (modified by FLO 5161) _ 3185 74------3278 52______- ______2581 2732 (amended by PLO 5160) _ 3184 76------3278 85______2432 4522 (amended by PLO 5157) _ 3057 78------3292 106__------2433 5154 ______2677 83------2884 91------3297 180______2676, 2839, 2883, 3181, 3352 5155 ______2840 2 H — ------2771 Proposed R u l e s : 5156 ------3056 P roposed R u l e s : 6______3367 5157 ------3057 164______3060 73------2524, 2790, 2891 5158 --- 3058 76------3190, 3192 41 CFR 5159 ------3184 81------2524 5160 ------3184 1-2______*.______2769 1-7______2769 5161_------3185 4 9 CFR 1-12______2769 5162------3185 173------2885 1-16______2771 174_------2886 3-1------1______3353 4 5 CFR 177 ------2886 3-2------3353 178 ------2886 5A-1------3182 102------2882 179_------3058 5A-2------3182 170------2882 571_------3185 5A-8------2507 1015— ------—— ______2840 1033— ------2677, 3354 5A-72______* 3183 1211---- 2841 P roposed R u l e s : 5A-73------2441, 3183 1311------3354 8-14------2508 118. 2779 P roposed R u l e s : 8-74— ------25 08 143. 2779 101-11------2962 173------2588 220 2445 101-27------s______2771 178------2588 222. 2445 Proposed R u l e s : 415. 2986 5 0 CFR 14-10------___ 2680 60-7------2847 4 6 CFR 28------— ------2964 33------2441, 2502, 2841, 2964, 2967 42 CFR P roposed R u l e s : 280------2516 Proposed R u l e s : 12_ 3190 P roposed R u l e s : 51b______2970 66_ 2681 17------2589 54— ------2970 193 2682 280------2890

LIST OF FEDERAL REGISTER PAGES AND DATES— FEBRUARY

Pages Date Pages Date Pages Date 2411-2482. Feb. 1 2739-2823. Feb 5 2915-3041. Feb. 10 2483-2557. ’ 3043-3157. 3 2825-2867. 11 2559-2636. a 3159-3341. 2637-2737. 12 4 2869-2913. 9 3343-3401. 15

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