WEDNESDAY, SEPTEMBER 29, 1971

WASHINGTON, D.C.

Volume 36 ■ Number 189

Pages 19109-19150

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.

FEED GRAIN FUTURES— USDA amendment ex- empting livestock and poultry producers from speculative limits; effective 9 -2 9 -7 1 ...... 19117 DANGEROUS DRUGS— Justice Dept, order re­ moving naloxone hydrochloride from control under any schedule; effective 9 -2 9 -7 1 ...... 19116 LABOR-MANAGEMENT— Labor Dept, rules on petitions for national consultation rights; effective 9-29-71 ...„...... _...... 19117 CHILD POISON PREVENTION— FDA proposal on safe packaging standards for preparations con­ taining wintergreen oil; comments within 30 days.. 19124 MASS TRANSIT— Labor Dept, proposals on employee protection procedures; comments with­ in 30 days ...... I______19119 U.S. REGISTERED AIRCRAFT— FAA extends com­ ment period on notice of ownership by transferee; comments by 1 1-1-7 1...... 19125 EQUAL OPPORTUNITY— ICC extensions of com­ ments date to 12-1-71 and reply date to 1-5-72 regarding proceedings on surface transportation.. 19125 POULTRY INSPECTION— USDA notice of intent to require Federal inspection inJ3uam and Virgin Islan d s...... 19128 NEW ANIMAL DRUG— FDA notice of hearings on Sodium Arsanilate and Otrhomin Weidner (2 documents); comments within 30 days ... 19130, 19131 ANTIDUMPING— Treasury Dept, determinations regarding tubeless tire valves from Canada, bi­ cycles from West Germany and bicycle tires and door locks from Japan (4 documents)...... 19146

(Continued inside) MICROFILM EDITION FEDERAL REGISTER 35mm MICROFILM

Complete Set 1936-70,189 Rolls $1,342

Year Price Voi. Year Price Voi. Year Price

1936 $7 13 1948 $28 25 1960 $49 1937 12 14 1949 22 26 1961 44 1938 8 15 1950 28 27 1962 46 1939 14 16 1951 44 28 1963 50 1940 14 17 1952 41 29 1964 54 1941 21 18 1953 30 30 1965 58 1942 37 19 1954 37 31 1966 60 1943 53 20 1955 41 32 1967 69 1944 42 21 1956 42 33 1968 55 1945 47 22 1957 41 34 1969 62 1946 47 23 1958 41 35 1970 59 1947 24 24 1959 42

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Published daily, Tuesday through Saturday (no publication on Sundays, Mor^ a^s’ on the day after an official Federal holiday), by the Office of the Federal Register, FEDERAL®REGISTER Archives and Records Service, General Services Administration, Washington, D.C. 20 ’ Area Code 202 Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 2 , (49 Stat. 500, as amended; 44 U.S.C., Oh. 15), under regulations prescribed by the Administrative Committee of the Federal Regis proved by the President (1 CFR Ch. I ) . Distribution is made only by the Superintendent of Documents, U.S. Government Printing Washington, D.C. 20402. navable in The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, Qr 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. nursUant The regulatory material appearing herein is keyed to the Code o f Federal R egulations, which is published, under 50 titles, p to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of Federal R egulations is sold by the Superm of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. s There are no restrictions on the republication of material appearing in the Federal R egister or the Code of Federal R egulati HIGHLIGHTS— Continued

FOOD ADDITIVE— FDA notices of filing of petition POLLUTION CONTROL— EPA notice of interpre- (2 documents)...... 19131 tative guidelines for certification...... 19132

Contents

AGRICULTURE DEPARTMENT CONSUMER AND MARKETING FEDERAL RESERVE SYSTEM See also Commodity Exchange SERVICE Notices Authority; Consumer and Mar­ Rules and Regulations keting Service. Fidelity American Rankshares, Irish potatoes grown in Colorado; Inc.; order denying acquisition Notices approval of expenses and rate of of bank stock by bank holding Puerto Rico; designation of areas assessment______!______19113 company ------19136 for emergency loans------19128 Olives grown in California; special Orders approving acquisition of purpose shipments______19113 bank stock by bank holding ASSISTANT SECRETARY FOR Proposed Rule Making companies: LABOR-MANAGEMENT Oranges and grapefruit grown in Banks of Iowa, Inc______19135 RELATIONS OFFICE lower Rio Grande Valley in Empire Shares Corp______19136 Texas; container, pack, and Galbank, Inc______19137 Rules and Regulations container marking regulations-« 19119 Plaza Bancshares, Inc.; order ap­ Representation proceedings; peti­ proving action to become bank tion for national consultation Notices holding company______19137 rights______.______19117 Poultry inspection; intended des­ ignation of Guam and .Virgin FOOD AND DRUG ATOMIC ENERGY COMMISSION Islands______19128 ADMINISTRATION Notices — Receipt of applications for con­ ENVIRONMENTAL PROTECTION Proposed Rule Making struction permits and facility AGENCY Certain liquid preparations con­ licenses; time for submission taining methyl salicylate (win- of views on antitrust matters: Notices tergreen oil) ; child protection Pacific Gas and Electric Co___ 19132 Pollution control facilities; guide­ packaging standards______19124 Washington Public Power Sup­ lines for certification______.__ 19132 Notices ply System____ —.______— 19132 Filing of petitions for food addi­ CIVIL AERONAUTICS BOARD FEDERAL AVIATION tives : ADMINISTRATION Lubrizol Corp______19131 Rules and Regulations Mohawk Industries, Inc______19131 Rules and Regulations Uniform system of accounts and Opportunities for hearings: reports for certificated air car­ Airworthiness directives: Hilltop Laboratories, Inc., et al.; riers; charter and special serv­ Canadair aircraft______19114 sodium arsanilate______19130 ices revenue aircraft______19115 Hughes helicopters______19114 Weidnerit and Dr. Edmund Alterations: Weidner; Otrhomin Weidner_ 19131 CIVIL SERVICE COMMISSION Control zone______19115 Rules and Regulations Control zone and transition area______19115 HEALTH, EDUCATION, AND Excepted service; entire Executive WELFARE DEPARTMENT Civil Service; correction______19113 Proposed Rule Making Notice of ownership by transferee See Food and Drug Administra­ COMMERCE DEPARTMENT off U.S. registered aircraft; ex­ tion. See Import Programs Office; In­ tension of comment period------19125 ternational Commerce Bureau. Transition area; alteration__ :_____19125 IMPORT PROGRAMS OFFICE COMMODITY EXCHANGE Notices FEDERAL POWER COMMISSION Duty-free entry of scientific AUTHORITY Notices articles: Rules and Regulations Hearings, etc.: Emory University______19129 Commodity Exchange Commis­ Public Service Company of Indi- Harvard University et al.______19129 sion; wheat, oats, barley, flax­ ana, Inc., et al______•____ 19134 Purdue University______19130 seed, and corn futures-______19117 Windham, L. E., et al______19135 (Continued on next page) 19111 19112 CONTENTS

INTERIOR DEPARTMENT JUSTICE DEPARTMENT LAND MANAGEMENT BUREAU See Land Management Bureau. See Narcotics and Dangerous Proposed Rule Making Drugs Bureau. INTERNATIONAL COMMERCE Rights-of-way, tramroads and logging roads------19119 BUREAU LABOR DEPARTMENT See also Assistant Secretary for Notice^ Labor - Management Relations NARCOTICS AND DANGEROUS Bomag G.m.b.H. et al.; order re­ Office. DRUGS BUREAU storing export privileges condi­ Proposed Rule Making tionally and placing parties on Rules and Regulations probation------19128 Certification of protective ar­ rangements for employees af­ Schedules of controlled sub­ fected by assistance under stances ; removal of naloxone INTERSTATE COMMERCE Urban Mass Transportation Act hydrochloride from control___ 19116 COMMISSION of 1964, as amended; protection Proposed Rule Making procedures______19119 TRANSPORTATION DEPARTMENT Novation and change of name Equal opportunity in surface agreements and contracts____ 19121 See Federal Aviation Administra­ transportation; extension of tion. time for filing comments______19125 Notices Rail and motor piggyback forms; Termination of extended unem­ traffic statistics______19125 ployment compensation: TREASURY DEPARTMENT Kansas______19138 Notices Notices Assignment of hearings------19138 U tah ______19138 Motor carriers: Bicycle tires and inner tubes from Alternate route deviation no­ Japan; discontinuance of anti­ tices ______— 19138 dumping investigation______19146 Applications and certain other Determination of sales at less than proceedings______HJ 19139 fair value: Intrastate applications; notice Bicycles from West Germany— 19146 of filing______19145 Door locks and latches from Temporary authority applica­ Japan______19146 tions ______19143 Tubeless tire valves from Transfer proceedings______19144 Canada______;___ __ 19146

List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears following the Notices section of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1971, and specifies how they are affected.

5 CFR 17 CFR 41 CFR

213______- ______— 19113 150______1______19117 P roposed R u l e s : 21 CFR 29-1______19121 7 CFR 29-3______- 19121 932______- __ 19113 308______—L___ 19116 948______1— 19113 P roposed R u l e s : 295______19124 43 CFR P roposed R u l e s : P roposed R u l e s : 906______19119 29 CFR 2800— ______- ______19119 202______19117 2810______.19119 14 CFR P roposed R u l e s : 39 (2 documents)______19114 93______19119 71 (2 documents)______19115 49 CFR 241 ______— ______19115 P roposed R u l e s : P roposed R u l e s : Ch. X______19125 47______19125 19125 71______19125 1252— ______

;

if® 19113 Rules and Regulations

the grade requirements of this part. olives would result in packaged olives Title 5— ADMINISTRATIVE During the period December 21, 1970, meeting (1) the specifications of U.S. through August 31, 1971, olives used in Grade C for pitted style of canned ripe PERSONNEL the production of quartered style olives olives (§ 52.3754(c) of the U.S. Stand­ also were required to meet the size re­ ards for Grades of Canned Ripe Olives; Chapter I— Civil Service Commission quirements specified in § 932.153 for §§ 52.3751-52.3766 of this title; 36 F.R. PART 213— EXCEPTED SERVICE olives used in the production of halved, 16567) and (2) the applicable minimum sliced, or chopped or minced styles of size requirements in effect for the halved, Entire Executive Civil Service; canned ripe olives. However, the provi­ sliced, or chopped or minced styles pur­ Correction sions of § 932.153 expired at the end of suant to § 932.52(a) (3), may be used in August 1971, and only the larger sizes of the production of canned ripe olives of In F ederal R egister (F .R . Doc. 71- olives eligible for use in the production the quartered style as specified in 13846) of September 21, 1971, on page of whole or pitted styles of olives are § 52.3753(d) of said standards. 18713 paragraph (dd) was added to available, pursuant to § 932.52(a) (3), for §213.3102. The paragraph should have It is hereby further found that it is use in the production of halved, sliced, impracticable, unnecessary, and contrary appeared as (ee). or chopped or minced styles. Therefore, to the public interest to give preliminary (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR this amendment provides that the ap­ notice, engage in public rule making pro­ 1954-58 Comp., p. 218) plicable minimum size requirements in cedure, and postpone the effective date effect for processed olives used in the pro­ U nited S tates C iv il S erv­ of this amendment until 30 days after duction of the halved, sliced, or chopped publication in the F ederal R egister (5 ice C o m m is s io n , or minced styles, pursuant to § 932.52 [seal] Jam es C . S p r y , UJS.C. 553) in that (1) the handling of (a) (3), shall apply to olives used in the processed olives is now in progress and Executive Assistant to production of canned ripe quartered the Commissioners. to be of maximum benefit the provisions style olives. The current grade require­ of this amendment should become opera­ [FR Doc.71-14269 Filed 9-28-71;8:45 am] ments, applicable to olives used in the tive at the time specified herein, (2) this production of quartered style olives, will amendment was unanimously recom­ continue to apply. The provisions will mended by members of the Olive Admin­ no -longer require that such packaged istrative Committee in an open meeting Title 7— AGRICULTURE olives be in specified containers or that on August 13, 1971, at which all inter­ such olives be used as an ingredient in ested persons were afforded an oppor­ Chapter IX— Consumer and Market­ manufactured food products because tunity to submit their views, (3) the pro­ ing Service (Marketing Agreements such requirements are too restrictive. visions of this amendment are identical and Orders; Fruits, Vegetables, The amendment of § 932.155(d) re­ with the recommendations of the com­ flects the committee’s desire that quar­ Nuts), Department of Agriculture mittee and information concerning such tered style olives be produced from the provisions has been disseminated among PART 932— OLIVES GROWN IN same sizes of processed olives as are used handlers of olives, and (4) compliance CALIFORNIA in the production of the halved, sliced, with the provisions of this amendment or chopped or minced styles. Consider­ will not require of handlers any prepara­ Subpart— Rules and Regulations able demand has arisen for the quar­ tion that cannot be conipleted prior to tered style of olives. The demand arises the effective time thereof. Special P urchase S h ip m e n t s from the need to use quartered style Notice is hereby given of the approval olives in the continued development of (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. of amendment, as hereinafter set forth, (1) new food products which use olives 601-674) of the rules and regulations (Subpart— as an ingredient and (2) new outlets for Dated September 23, 1971, to become Rules and Regulations; 7 CFR 932.108- olives. The committee believes that effective tipon publication in the F ederal 932.161; 36 F.R. 16185) currently effective broadening the utilization of olives R egister (9-29-71). pursuant to the applicable provisions of (through development of new products the marketing agreement, as amended, and outlets) will relieve the competi­ P aul A . N ic h o l s o n , and Order No. 932, as amended (7 CFR tion for existing market outlets and thus Deputy Director, Fruit and Part 932), regulating the handling of improve prices and returns to growers. Vegetable Division, Consumer olives grown in California. This is a regu­ The size requirements provided herein and Marketing Service. latory program effective under the Agri­ will provide consumers with quartered [FR Doc.71-14316 Filed 9-28-71;8:48 am] cultural Marketing Agreement Act of style olives of good quality consistent 1937, as amended (7 U.S.C. 601-674). with (1) the overall quality of the crop, [948.266] The amendment of said rules and regu­ and (2) improving returns to producers lations was - unanimously recommended pursuant to the declared policy of the PART 948— IRISH POTATOES GROWN oy the members of the Olive Administra­ act. IN COLORADO tive Committee, established under said It is hereby found that amendment of marketing agreement and order as the said rules and regulations as hereinafter Approval of Expenses and Rate of agency to administer the terms and pro­ set forth is in accordance with the pro­ Assessment visions thereof. visions of the marketing agreement and The amendment involves § 932.155(d) order, and will tend to effectuate the Notice of rule making regarding pro­ oy changing the size requirements in the declared policy of the Agricultural Mar­ posed expenses and rate of assessment for Provisions thereof to require that canned keting Agreement Act of 1937, as Area No. 2 (San Luis Valley), to be effec­ npe olives of the quartered style be amended. tive under Marketing Agreement No. 97 Produced from processed olives which and Order No. 948 (7 CFR Part 948), Therefore, the provisions of § 932.155 both as amended, was published in the meet the size requirements for whole and (d) are hereby revised to read as follows: September 8, 1971, issue of the F ederal Pitted styles of canned ripe olives. Cur­ § 932.155 Special purpose shipments. R egister (36 FJt. 18002). rent provisions of § 932.155(d) permit * * * * * The notice afforded interested persons the production of quartered style olives (d) Processed olives which, if used in an opportunity to submit written data, by using processed olives which meet the production of canned pitted ripe views, or arguments pertaining thereto

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 19114 RULES AND REGULATIONS not later than 15 days following publica­ There have been reports of fatigue (31 F.R. 1267), requires replacement of tion in the F ederal R egister. None was cracks in the front spar web and local idler pulley bearings, replacement of received. structure. Since the foregoing deficiency an aluminum idler pulley shaft, P/N After consideration of all relevant can exist or develop in aircraft of simi­ 269A5440, and imposes a 200-hour pe­ matters, including the proposals set forth lar type design, an airworthiness direc­ riodic replacement of the idler pulley in the aforesaid notice which were tive is being issued which will require a bearings until a steel idler pulley shaft, recommended by the Area Committee for repetitive inspection and replacement P/N 269A5438, is installed on Hughes Area No. 2, established pursuant to the when necessary of cracked components. 269A, 269A-1 and 269B helicopters. After said marketing agreement and order, it Since the foregoing requires expedi­ issuing amendment 39-77 the agency de­ is hereby found and determined that: tious adoption of this amendment, no­ termined that failures of the idler pulley tice and public procedure hereon p,re im­ bearings have continued to occur, due to § 948.266 Expenses and rate of assess­ preloading or misalignment, of the press ment. practical and the amendment may be made effective in less than 30 days. fit bearings. These failures result in loss (a) The reasonable expenses that are In consideration of the foregoing and of engine power to the drive system and likely to be incurred by the Area Com­ pursuant to the authority delegated to emergency auto rotative landings. Im­ mittee for Area No. 2 to enable such me by the Administrator, 14 CFR 11.89 proved design bearings and more precise committee to perform its functions, pur­ (31 F.R. 13697), § 39.13 of Part 39 of the installation procedures have been de­ suant to the provisions of Marketing Federal Aviation Regulations is veloped by the manufacturer. Therefore, Agreement No. 97, as amended, and this amended by adding the following new the AD is being superseded by a new AD part, during the fiscal period ending Airworthiness Directive: that requires the installation of a steel June 30, 1972, will amount to $13,250.00. idler pulley shaft and the latest design (b) The rate of assessment to be paid Canadair. Applies to all Canadair Model C L - idler pulley bearings, describes an im­ by each handler pursuant to Marketing 44D4 Aircraft. Compliance required as proved assembly procedure, establishes indicated. Agreement No. 97, as amended, and this Within the next 300 hours time in service preload and misalignment limits and part, shall be $0.0025 per hundredweight after the effective date of this AD, unless imposes a replacement time for these of potatoes grown in Area No. 2 han­ already accomplished within the last 4500 bearings. dled by him as the first handler thereof hours time in service and at intervals not Since a situation exists that requires during said fiscal period. exceeding 4800 hours time in service, accom­ immediate adoption of this regulation, it (c) Unexpended income in excess of plish the following: is found that notice and public proce­ expenses for the fiscal period ending (a) Inspect horizontal stabilizer front spar dure hereon are impracticable and good June 30, 1972, may be carried over as a web, spar cap, and local structure in the cause exists for making this amendment reserve. vicinity of Station 22 left and 22 right for effective in less than 30 days. cracks in accordance with the inspection pro­ (d) Terms used in this section shall cedure defined in paragraphs 3, 3.1 and 3.2 In consideration of the foregoing, and have the same meaning as when used in of Canadair Service Information Circular No. pursuant to the authority delegated to Marketing Agreement No. 97, as 377-CL-44 dated 16 April 1971 or a later revi­ me by the Administrator (31 F.R. 13697), amended, and this part. sion or with an FAA approved, equivalent § 39.13 of Part 39 of the Federal Aviation It is hereby found that good cause inspection. Regulations, is amended by adding the exists for not postponing the effective (b) If cracks are found in the spar web, following new airworthiness directive: spar caps, or local structure, repair or replace time of this action until 30 days after damaged parts before further flight with un­ Hu g h e s. Applies to Model 269A, 269A -l, and publication in the F ederal R egister (5 used parts or with equivalent parts approved 269B Helicopters. U.S.C. 553) in that: (1) The relevant by the Chief, Engineering and Manufacturing Compliance required as indicated. To prevent failures of idler pulley bearings provisions of said marketing agreement Branch, FAA, Eastern Region except that the accomplish the following: and this part require that the rate of airplane may be flown in accordance with assessment for a particular fiscal period FAR 21.197 to a base where the repair can (a) Within 50 hours time in service after be performed. the effective date of this AD, unless already shall be applicable to all assessable po­ accomplished, remove from service the (c) Repair procedures required by para­ tatoes from the beginning of such period, aluminum idler pulley shaft, P/N 269A5540 and (2) the current fiscal period began graph (b) must be in accordance with Cana­ (if installed) and idler pulley bearings, and July 1, 1971, and the rate of assessment dair CL-44D4 Structural Repair Manual or install steel idler pulley shaft, P/N 269A5438 an equivalent repair procedure approved by and idler pulley bearings, P /N 269A5050-58, herein will automatically apply to all the Chief, Engineering and Manufacturing assessable potatoes beginning with such in accordance with Hughes Service Informa­ Branch, FAA, Eastern Region. tion Notice N—1.4, dated September 15, 1971, date. (d) The representative inspection time or later FAA approved revision, or an equiv­ (Secs. 1-19, 48 Stat. 31, as amended; 7 may be increased by the Chief, Engineering alent installation and procedure approved by U.S.C. 701-674) and Manufacturing Branch, FAA, Eastern the Chief, Aircraft Engineering Division, FAA Region upon receipt of substantiating data Western Region. Mutilate bearings and alu­ Dated: September 24, 1971. submitted through an FAA Maintenance minum shafts to prevent return to service. Inspector. P aul A. N ic h o l s o n , (b) After the accomplishment of (a), Deputy Director, Fruit and This amendment is effective October 5, above, at intervals not to exceed 200 hours Vegetable Division, Consumer 1971. time in service thereafter, replace the idler pulley bearings in accordance with Hughes and Marketing Service. (Secs. 313(a), 601, 603, Federal Aviation Act Service Information N-95, dated Septem­ [FR Doc.71-14317 Filed 9-28-71;8:48 am] of 1958, 49 U.S.C. 1354(a), 1421, ,1423; sec. ber 15, 1971, or later FAA approved revisions, 6(c), Department of Transportation Act, 49 or an equivalent replacement and procedure U.S.C. 1655(c)) approved by the Chief, Aircraft Engineering Division, FAA, Western Region. Mutilate old Title 14— AERONAUTICS Issued in Jamaica, N.Y., on Septem­ bearings to prevent return to service. ber 17, 1971. This supersedes amendment 39-77 (30 AND SPACE R obert H . S ta n to n , Acting Director, Eastern Region. F.R. 7371), AD 65-12-2, as revised on Chapter I— Federal Aviation Adminis­ February 2, 1966 (31 F.R. 1267). tration, Department of Transportation [FR Doc.71-14284 Filed 9-28-71;8:46 am] This amendment becomes effective October 1,1971. [Docket No. 71-EA-129; Arndt. 39-1300] [Airworthiness Docket No. 71-WE—20—AD; (Secs. 313(a), 601, 603, Federal Aviation Act PART 39— AIRWORTHINESS Arndt. 39-1301] of 1958, 49 U.S.C. 1354(a), 1421, 1423, sec. DIRECTIVE 6 (c ), Department of Transportation Act, 4a PART 39— AIRWORTHINESS U.S.C. 1655(c)) Canadair Aircraft DIRECTIVES Issued in Los Angeles, -Calif., on Sep­ The Federal Aviation Administration Hughes Model 269A, 269A—1, and tember 20,1971. is amending § 39.13 of Part 39 of the 269B Helicopters A r v in O . B asnight, Federal Aviation Regulations so as to Director, FAA Western Region. issue an airworthiness directive appli­ Amendment 39-77 (30 F.R. 7371), AD- cable to Canadair CL-44D4 type aircraft. 65-12-2, as revised on February 2, 1966 [FR Doc.71-14283 Filed 9-28-71;8:46 am]

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 2 9 ,1 9 7 1 RULES AND REGULATIONS 19115

[Airspace Docket No. 71-EA-130] alter the Clarksburg, W. Va., control (as modified in EDR-203) on a quarterly zone (36 F.R. 2069). basis, rather than on a 9-month and an PART 71— DESIGNATION OF FEDERAL The agency plans to commission an annual-calendar basis as proposed in a ir w a y s , a r e a l o w r o u t e s , Airport Traffic Control Tower at EDR-203. They also renew their request CONTROLLED AIRSPACE, AND RE­ Benedum Airport, Clarksburg, W. Va., that Part 241 be amended to provide for PORTING POINTS on or about November 1,1971. The tower separate reporting of Hawaiian, trans­ will operate 0700-2300 hours, local atlantic and transpacific charter flights. Alteration of Control Zone and time, daily. The control zone hours will With respect to the request that the Transition Area be changed to coincide with the hours Schedule T-41 reports be filed on a quar­ The Federal Aviation Administration of the control tower operation. terly basis, no new arguments have been is amending §§ 71.171 and 71.181 of Part Since the foregoing change is minor in presented and this request is rejected for that the control zone period remains the 71 of the Federal Aviation Regulations the reasons given in EDR-203. so as to alter the Martinsburg, W. Va., same, notice and public procedure here­ As for the matter of separate reporting control zone (36 F.R. 2102) and transi­ on are unnecessary. of Hawaiian, transatlantic and trans­ In view of the foregoing, The Federal pacific charters, the NACA carriers as­ tion area (36 F.R. 2227). Aviation Administration, having re­ A new LOC RWY 8 instrument ap­ sert, inter alia, that the information is proach procedure developed for Martins­ viewed the airspace requirements in the needed to enable the carriers and the burg Municipal Airport, Martinsburg, terminal airspace of Clarksburg, W. Va., Board to determine whether the fre­ amends Part 71 of the Federal Aviation quency /regularity limitations of Part 207 W. Va., requires a minor alteration of Regulations as follows, effective 0901 the Martinsburg, W. Va., control zone to have been complied with, that the Board provide controlled airspace to protect G.m.t. November 1, 1971: must at the present time rely entirely on aircraft executing the procedure. In ad­ 1. Amend §71.171 of Part 71 of thethe good faith of the carriers to comply dition, the Martinsburg, W. Va., 700-foot Federal Aviation Regulations so as to with the regulation, and that this is not floor transition area and control zone amend the description of the Clarks­ a satisfactory means of securing compli­ require alteration to reflect the correct burg, W. Va., control zone by deleting, ance. However, the NACA carriers have airport name and geographic position. “ 0530 to 2130 hours, local time daily and not shown that an enforcement problem Since the foregoing changes are minor 0600 to 2000 hours on Saturday.”, and exists with respect to the frequency and in nature or editorial, notice and public substitute, “ 0700 to 2300 hours, local regularity limitations of Part 207. We procedure hereon are unnecessary. time, daily.” , therefor. believe that the frequency/regularity In view of the foregoing, the Federal (Sec. 307 (a ), Federal Aviation A c t of 1958, rules are for the most part self-policing, Aviation Administration, having re­ 72 Stat. 749; 49 U.S.C. 1348; sec. 6(c), De­ i.e., the carriers certificated in the par­ viewed the airspace requirements in the partment of Transportation Act, 49 U.S.C. ticular market would be aware of any terminal airspace of Martinsburg, 1655(c)) substantial violation and would report W. Va., amends Part 71 of the Federal Issued in Jamaica, N.Y., on Septem­ it to the Board for appropriate action. Aviation Regulations as follows, effective ber 16, 1971. The fact that such reporting to the Board 0901 G.m.t., November 11, 1971: has not occurred would indicate that R obert H . S tan ton , there is no enforcement problem with 1. Amend § 71.171 of Part 71, Federal Acting Director, Eastern Region. Aviation Regulations, so as to delete the respect to the frequency /regularity rules description of the Martinsburg, W. Va., [FR Doc.71-14285 Filed 9-28-71; 8:46 am] of Part 207. The scheduled airlines have control zone and insert the following in been careful to request an exemption lieu thereof: where the frequency and regularity pro­ Chapter II— Civil Aeronautics Board visions might be violated. In fact, the Within a 6-mile radius of the center, only “violation” alleged by the NACA 39°24'03" N., 77°59'09" W. of Martinsburg SUBCHAPTER A — ECONOMIC REGULATIONS Municipal Airport, Martinsburg, W . Va., and [Reg. ER—699; Arndt. 35] carriers was not in fact a violation but within 1.5 miles each side of the RWY 8 rather a request by TWA for an exemp­ localizer course extending from the 6-mile- PART 241— UNIFORM SYSTEM OF tion with respect to a future program radius zone to 2 miles west of -the OM. ACCOUNTS AND REPORTS FOR (Docket 20125). Moreover, a reporting CERTIFICATED AIR CARRIERS requirement concerning dates and points 2. Amend § 71.181 of Part 71, Federal of origin and destination of such charters Aviation Regulations, so as to delete in Charter and Special Services Revenue would be quite burdensome for the car­ the description of the Martinsburg, Aircraft riers and we see no need for the imposi­ W. Va., 7000-foot floor transition area, tion of such a requirement at this time. all after the word “ center”, and insert Adopted by the Civil Aeronautics Board Finally, we believe that a carrier most the following in lieu thereof: “39°24'03" at its office in Washington, D.C., on the likely to evade the frequency /regularity N„ 77°59'09" W. of Martinsburg Munic­ 15th day of September 1971. restrictions would also be one that would ipal Airport, Martinsburg, W. Va.”. In a Notice of Proposed Rule Making, be likely to evade the volume restrictions. (Sec. 307(a), Federal Aviation Act of 1958, EDR-203 (Docket 22952), dated June 14, The rule provides for a new report 72 Stat. 749; 49 U.S.C. 1348; sec. 6 (c ), De­ 1971, the Board proposed to amend Part covering the first 9 months of the cal­ partment of Transportation Act, 49 U.S.C. 241 of the Economic Regulations to mod­ 1655(c)) endar year, the report to be filed with ify Schedule T-41 Charter and Special the Board no later than 30 days after Issued in Jamaica, N.Y., on Septem­ Services Revenue Aircraft Miles Flown the end of the reporting period. The ber 14,1971. of Form 41 reports required to be filed by Board now finds that it is necessary for R obert H . S tan ton , certificated combination carriers and all­ it to have these data for the current cal­ Acting Director, Eastern Region. cargo carriers. endar year. This necessitates making the [PR Doc.71-14286 Filed 9-28-71;8:46 am] The only comment in opposition to the rule effective prior to the end of the re­ proposed rule1 was filed by the member porting period, September 30, 1971. Re­ carriers of the National Air Carrier As­ quiring these 9-month reports to be filed [Airspace Docket No. 71-EA-132] sociation (NACA). Upon consideration of for the current year should not impose the comment filed, we have determined PART 71— DESIGNATION OF FEDERAL an unreasonable burden on the carriers to adopt the rule as proposed. since most of them have these data AIRWAYS, AREA LOW ROUTES, In their comment, the NACA carriers readily available. In those few instances CONTROLLED AIRSPACE, AND RE­ request the Board to reconsider its re­ where this is not the case, such carriers PORTING POINTS jection of their proposal to require the can request Board consideration of an carriers to file the Schedule T-41 reports exemption from the 9-month reporting Alteration of Control Zone requirement for the current year. For the The Federal Aviation Administration 1 TWA, a certificated combination route above reasons, the Board finds that good “ amending § 71.171 of Part 71 of the carrier, filed a comment in support of the cause exists for making the rule effec­ ederal Aviation Regulations so as to proposed rule. tive on less than 30 days' notice.

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 19116 RULES AND REGULATIONS

Accordingly, the Civil Aeronautics Board hereby amends Part 241 of the Eco­ 16119) proposing the removal of naloxone nomic Regulations (14 CFR Part 241). effective September 30, 1971, as follows: hydrochloride from Schedule II of the 1. Amend section 22(a) by revising the title and frequency for filing Schedule Comprehensive Drug Abuse Prevention T-41 to read: and Control Act of 1970 (Public Law 91- Section 22 General Reporting Instructions. 513). All interested persons were given 30 days after publication to submit their (a) * * * objections, comments, or requests for hearing. Filing Schedule No objections nor requests for a hear­ No. Postmark ing regarding the proposed order were Frequency interval (days) received. In view of the fact no comments, ob­ T-41...... Charter and Special Services Revenue Aircraft Miles Flown; Calcu- (!<»)______*30 jections, or requests for a hearing were lation of Limitation of Charter Trips. received as to the proposed order, and based upon the investigation of the Bu­ i* For the first 9 months and for the 12 months of each calendar year. * Interval relates to receipt by the Board in Washington, D.C., rather than postmark for these schedules. reau of Narcotics and Dangerous Drugs and upon the scientific and medical the figure called for in item K-410 of evaluation and recommendation of the 2. Amend section 25 Schedule T-41Form 41 Schedule T -l(a ) covering the Secretary of Health, Education, and Wel­ Charter and Special Service Revenue 12 months of the preceding calendar fare, received pursuant to section 201(b) Aircraft Miles Flown as follows: year. of the Comprehensive Drug Abuse Pre­ A. Revise the title of Schedule T-41 to (3) Combination carriers, for the Sep­ vention and Control Act of 1970 (21 read: Charter and Special Services Rev­ tember report, shall reflect in item 2, U.S.C. 811(b)), the Director of the Bu­ enue Aircraft Miles Flown;-Calculation “Off-route charter mileage” the sum of reau of Narcotics and Dangerous Drugs of limitation of Charter Trips. amounts reported in items 6, 7 and 8 finds that naloxone hydrochloride has a B. Amend paragraph (b) to read: under the “Not under Exemption Au­ currently accepted medical use in treat­ (b) Separate schedules shall be filed thority” column on the current Septem­ ment in the United States and does not on an overall or system basis covering ber Schedule T-41. For the December have at this time a potential for abuse or the 9 months ending September 30 and report, item 2 shall reflect the sum of abuse liability to justify its continued the 12 months ending December 31 of amounts reported in items 6, 7 and 8 control on any schedule under the Act. each year. Check the appropriate box under the “Not under Exemption Au­ Therefore, under the authority vested provided on the form. thority” column on the current Decem­ in the Attorney General by section 201 C. Amend paragraph (c) to read: ber Schedule T-41. (a) of the Comprehensive Drug Abuse (c) The following instructions relate (4) All-cargo carriers, for the Septem­ Prevention and Control Act of 1970 (21 to the reporting of “charter and special ber report, shall reflect in item 2, “Off- U.S.C. 811(a)), and redelegated to the services revenue aircraft miles flown.” route charter mileage” the sum of Director, Bureau of Narcotics and (1) Total charter and special servicesamounts reported in items 13, 19, 21 and 23 under the “Not under Exemption Au­ Dangerous Drugs by § 0.100 of Title 28 revenue aircraft miles flown during the of the Code of Federal Regulations, the 9 months or the 12 months of the cal­ thority” column ori the current Septem­ endar year shall be reflected in this ber Schedule T-41. For the December Director hereby orders that § 308.12 schedule by combination carriers and report, item 2 shall reflect the sum of (b) (1) of Title 21 of the Code of Federal all-cargo carriers in the respective sec­ amounts reported in items 13, 19, 21 and Regulations be amended to read as tions provided therefor. Such data shall 23 under the “Not under Exemption Au­ follows: be broken down to reflect revenue air­ thority” column on the current Decem­ craft miles flown for (1) the Depart­ ber Schedule T-41. § 308.12 Schedule II. ment of Defense; and (2) all other cus­ 3. Amend Schedule T-41 of CAB Form ***** tomers subdivided into (a) operations 41, as shown in exhibit A which is at­ (b) * * * tached hereto.1 performed under special exemption au­ (1) Opium and opiate, and any salt, thority, (b) operations performed with­ (Secs. 204(a), 401(e) (6) and 407 of the Fed­ compound, derivative, or preparation of out such special exemptions, and (c) eral Aviation Act of 1958, as amended, 72 operations performed in overseas or for­ Stat. 743, 754 (as amended by 82 Stat. 867), opium or opiate, excluding naloxone eign air transportation on the reverse 766; 49 U.S.C. 1324, 1371, 1377) hydrochloride, but including the legs of one-way military charters. Note : The reporting requirements con­ following: tained herein have been approved by the D. Redesignate paragraph (d) as (i) Raw opium______- 9600 ( c ) (2). Office of Management and Budget in accord­ ance with the Federal Reports Act of 1942. (ii) Opium extracts______9610 E. Add new paragraph (d) to read: (iii) Opium fluid extracts,______9620 (d) The following instructions relate By the Civil Aeronautics Board. (iv) Powered opium______9639 to the reporting of “Calculation of Limi­ (v) Granulated opium.'______- 9640 [ seal] P h y l l is T . K a ylo r , (vi) Tincture of opium______•— 9630 tation of Charter Trips,” pursuant to Acting Secretary. §§ 207.5 and 207.6 of Part 207 of the (vii) Apomorphine ______9030 [FR Doc.71-14303 Filed 9-28-71;8:45 am] (viii) Codeine ______9050 Board’s economic regulations. (ix) Ethylmorphine______9190 (1) Combination carriers, for both the (x) Hydrocodone ______— 9193 September and December reports, shall (xi) Hydromorphone ______6194 reflect in item 1, “Base revenue plane- Title 21— FOOD AND DRUGS (xii) Metopon ______9260 miles” the sum of amounts reported in (xii) Morphine ______*------9300 items 1, 2, and 3 under the “Total” Chapter II— Bureau of Narcotics and (xiv) Oxycodone ______9143 column on the December Schedule T-41 Dangerous Drugs, Department of (xv) Oxymorphone ______9652 Justice (xvi) Thebaine ______9333 for the previous year plus the figure ***** called for in item K-410 of Form 41 Schedule T -l(a ) covering the 12 months PART 308— SCHEDULES OF This order is effective on the date of CONTROLLED SUBSTANCES of the preceding calendar year. its publication in the F ederal R egister (2) All-cargo carriers, for both the Removal of Naloxone Hydrochloride (9-29-71). September and December reports, shall From Control reflect in item 1, “Base revenue plane- Dated: September 23,1971. A notice was published in the F ederal miles” the sum of amounts reported in J o h n E. I ngersoll, items 14 and 16 under the “Department R egister of August 19, 1971 (36 F.R. Director, Bureau of of Defense” column and item 15 under Narcotics and Dangerous Drugs. the “ Total” column on the December 1 Form filed as part of the original Schedule T-41 for the previous year plus document. [FR Doc.71-14300 Filed 9-28-71:8:47 am]

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 RULES AND REGULATIONS 19117

Issued: September 23, 1971. § 150.11 Limits on position and daily trading in corn for future delivery. Title 17— COMMODITY AND C o m m o d it y E x c h a n g e C o m m is s io n , ***** M . L. U pch urch, SECDRITIES EXCHANGES Chairman designee for the (c) Exemptions. The foregoing limits Secretary of Agriculture. upon position and upon daily trading Chapter I— Commodity Exchange Au­ shall not apply to: thority (Including Commodity Ex­ H udson B . D rake, (1) Bona fide hedging transactions as Member designee for the defined in section 4a(3) of the Com­ change Commission), Department Secretary of Commerce. of Agriculture modity Exchange Act (7 U.S.C. 6a(3) ) ; Joseph J. S aunders, (2) Purchase transactions or net long [Hearing Docket CE-P 17] Member designee for the positions in corn covered by this order, if PART 150—-o r d e r s o f t h e c o m ­ Attorney General. such transactions or positions are made or held by a producer of livestock or m o d ity EXCHANGE COMMISSION § 150.1 Limits on position and daily poultry or both, to the extent that the trading in grain for future delivery. Wheat, Oats, Barley, Flaxseed, and bona fide purpose of such transactions * * * * * Corn Futures or positions is to offset the price risk (c) Exemptions. The foregoing limitsincident to filling anticipated feed re­ On July 17, 1971, a notice was pub­ upon position and upon daily trading quirements of such producer for a speci­ lished in the F ederal R egister (36 F.R. shall not apply to : fied operating period not in excess of 1 13271) of a proposed revision of §§ 150.1 (1) Bona fide hedging transactions as year: Provided, The producer availing (c) and 150.11(c) of the Orders of the defined in section 4a (3) of the Com­ himself of this exemption files with the Commodity Exchange Commission to modity Exchange Act (7 U.S.C. 6a(3) ) ; Commodity Exchange Authority, U.S. exempt livestock and poultry producers (2) Purchase transactions or net long Department of Agriculture, Washington, from speculative limits on position and positions in commodities covered by this D.C. 20250, at least 10 days prior to daily trading in wheat, oats, barley, flax­ order, if such transactions or positions making any transaction or acquiring any seed, and corn for future delivery used are made or held by a producer of live­ position in excess of any limit established in connection with feed requirements. stock or poultry or both, to the extent by this order, a statement showing his Interested persons were given until that the bona fide purpose of such trans­ unfilled anticipated requirements for August 23, 1971, to request a hearing or actions or positions is to offset the price feeding for a specified operating period to submit written statements on the pro­ risk incident to filling anticipated feed not in excess of 1 year. Such statement posed amendment. A hearing was not requirements of such producer for a spec­ shall set forth in detail such producer’s requested. ified operating period not in excess of anticipated requirements and explain the As set forth in the notice of proposed 1 year: Provided, The producer avail­ method of determination thereof, and rule making published on July 17, 1971, ing himself of this exemption files with shall include but not be limited to the § 150.1 establishes limits on position and the Commodity Exchange Authority, U.S. following information: daily trading in wheat, oatS, barley, and Department of Agriculture, Washington, (i) Annual requirements of feed for flaxseed at 2 million bushels in one future D.C. 20250, at least 10 days prior to mak­ the 3 calendar years next preceding, or all futures combined. Section 150.11 ing any transaction or acquiring any (ii) Anticipated feed requirements for establishes such limits on corn at 3 mil­ position in excess of any limit established a specified operating period not in excess lion bushels (2 million bushels prior to by this order, a statement showing his of 1 year, June 26, 1971, under § 150.1). unfilled anticipated requirements for (iii) Inventory of feed on hand and/or Since the establishment of speculative feeding for a specified operating period purchases not yet delivered, (iv) Unfilled anticipated feed require­ limits in wheat, oats, barley, flaxseed, not in excess of 1 year. Such statement and corn, the rapid growth of livestock ments for a specified period not in excess and poultry feeding operations has shall set forth in detail such producer’s of 1 year, created the need to offset price risks in­ anticipated requirements and explain the (v) Number of cattle, hogs, sheep, or cident to the acquisition of feed required method of determination thereof, and poultry expected to be fed during a for such operations by livestock and shall include but not be limited to the specified period not in excess of 1 year: poultry producers through the purchase following information: And provided further, That whenever of feed grain futures contracts. The pur­ such producer’s anticipated feed require­ chase of feed grain futures contracts (i) Annual requirements of feed for ments shall change, he immediately files against feed requirements is not now the 3 calendar years next preceding, with the Commodity Exchange Authority exempt from speculative limits by the (ii) Anticipated feed requirements for a supplementary statement explaining Commodity Exchange Commission in the a specified operating period not in excess such change and such producer also files orders cited herein. of 1 year, with the Commodity Exchange Author­ The administrative officials of the ity at least once each year, a statement (iii) Inventory of feed on hand and/or setting forth the information described Commodity Exchange Authority con­ purchases not yet delivered, above. sider that the purchase of grain futures (iv) Unfilled anticipated feed require­ [FR Doc. 71-14291 Filed 9-28-71 ;8 :46 am] contracts against feed requirements is ments for a specified period not in excess sound commercial practice by livestock of 1 year, and poultry producers, and that an ex­ (v) Number of cattle, hogs, sheep, or emption should be made to permit such poultry expected to be fed during a Title 29— LABOR purchases without regard to existing specified period not in excess of 1 year: Chapter II— Office of the Assistant speculative limits. This view is also sup­ And provided further, That whenever Secretary for Labor-Management ported by industry representations. such producer’s anticipated feed require­ Relations, Department of Labor After consideration of all relevant ments shall change, he immediately files matters presented by interested persons, with the Commodity Exchange Author­ PART 202— REPRESENTATION the revision as so proposed is hereby ity a supplementary statement explain­ PROCEEDINGS adopted without change and is set forth ing such change and such producer also Petition for National Consultation below. files with the Commodity Exchange Au­ Rights Effective date. This revision shall be­ thority at least once each year, a state­ On June 8,1971, proposed amendments come effective on the date of its publica­ ment setting forth the information de­ to Part 202 of Title 29, concerning the tion in the F ederal R egister (9-29-71). scribed above. adoption of rules governing petitions to

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 No. 189------2 19118 RULES AND REGULATIONS the Assistant Secretary for national con­ sultation rights, and the persons to con­ qualify for national consultation rights sultation rights, were published at 36 tact and their titles, if known; or the petition is not otherwise action­ F.R. 11044. Interested persons were in­ (ii) A showing that petitioner holds able, he may request the party filing such vited to submit written comments, sug­ adequate exclusive recognition as re­ a petition to withdraw the petition or in gestions, or objections regarding the quired in 5 CFR § 2412.2; the absence of such withdrawal within proposed rule making. (iii) A statement that such showing a reasonable time, he may dismiss the pe­ Having considered all relevant ma­ has been made to and rejected by the tition subject to review by the Assistant terial submitted, the proposed rules are agency or primary national subdivision, Secretary pursuant to § 202.6(d). The hereby adopted without change and are together with a statement of the rea­ Regional Administrator, if appropriate, set forth below. sons for rejection, if any, offered by that may cause a notice of hearing to issue agency or primary national subdivision. to all interested parties where substan­ Effective date. This amendment shall (2) Notwithstanding any other regu­tial factual issues exist warranting a become effective upon publication in the lations in this part, the following regula­ hearing. Hearings shall be conducted by F ederal R egister (9-29-71). . tions govern petitions filed under this Hearing Examiners in accordance with Signed at Washington, D.C., this 23d subsection: §§ 203.10 through 203.24, with the excep­ day of September 1971. (i) An original and four copies of a tion of § 203.14 of this chapter. After con­ petition shall be filed, with the Area sidering the Hearing Examiner’s report W, J. U s e r y , Jr., Assistant Secretary of Labor Administrator for the area wherein the and recommendations, the record, and for Labor-Management Relations. agency headquarters or the headquarters any exceptions filed thereto, the Assist­ of the agency’s primary national sub­ ant Secretary shall issue his decision. Part 202 of Chapter II of Title 29 of division are located, within 30 days fol­ (iv) An agency or primary national the Code of Federal regulations is here­ lowing refusal by the agency or primary subdivision, shall provide notice of its by amended by adding the following national subdivision to accord or con­ intention to terminate national consul­ § 202.2(d), reading as follows: tinue to accord national consultational tational rights not less than 15 days § 202.2 Contents o f petition; challenges rights pursuant to a request under 5 prior to the intended termination date. to petition. CFR 2412.2. A labor organization after receiving such notice, but prior to the intended termina­ 4« * * 4c * (ii) Within 15 days following the re­ ceipt of a copy of the petition, the tion date, may duly file a petition under (d) Petition for national consultation agency or primary national subdivision this section and thereby cause to be rights. (1) A petition for national con­ shall file a response thereto with the stayed further action by the agency or sultation rights shall contain the infor­ Area Administrator raising any matter primary national subdivision pending mation required in subparagraph (4), which is relevant to the petition. ultimate review and decision by the As­ (5), (7), and (8) of paragraph (a) of this (iii) The Area Administrator shall sistant Secretary. An agency or primary section, and shall set forth: make such investigation as h§ deems national subdivision may terminate na­ necessary and report the essential facts (i) The name, address, and telephone tional consultation rights if no petition and positions of the parties to the Re­ has been filed during the notice period number of the agency hr primary na­ gional Administrator. If the Regional Ad­ tional subdivision in which the petitioner ministrator determines after an investi­ prescribed herein. seeks to obtain or retain national con- gation, that a labor organization does not [FR Doc.71-14290 Filed 9-28-71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 19119 Proposed Rule Making

grapefruit packed in accordance with U.S.C. section 301, the Secretary of DEPARTMENT OF THE INTERIOR the requirements of standard pack as Labor is considering the establishment specified in the U.S. Standards for of Part 93 of Title 29 of the Code of Fed­ Bureau of Land Management Grades of Grapefruit (Texas and States eral Regulations to set forth procedures [43 CFR Parts 2800, 2810 1 other than Florida, California, and relating to the responsibilities vested in Arizona) designated as §§ 51.620-51.653 the Secretary of Labor by the Urban RIGHTS-OF-WAY of this title. A maximum diameter of Mass Transportation Act of 1964, 78 3^ 6 inches is specified in said standards Stat. 302, as amended, in determining Notice of Proposed Rule Making for pack size 96. This packing require­ that fair and equitable arrangements Editorial N o t e : F.R. D oc. 71-14091 ap­ ment is intended to effect the handling have been made to protect the interests pearing at page 18953 in the issue of Fri­ of larger and more uniform fruit in the of employees affected by assistance un­ day, September 24,1971, should appear as 96 pack size, thereby improving the der that Act. a Notice of Proposed Rule Making doc­ pack’s appearance and enhancing the Interested persons are invited to sub­ ument with the headings reading as fruit’s marketability. mit written comments regarding the set forth above. This document was The proposal is that the provisions of proposal to the Secretary of Labor, U.S. inadvertently published in the Rules and paragraph (a) (2) (ii) of § 906.340 (7 CFR Department of Labor, Constitution Ave­ Regulations section. 906.340; 36 F.R. 143; 5962, 7049, 14253) nue and 14th Street NW., Washington, be amended to read as follows: DC 20210 within 30 days after this notice § 906.340 Container, pack, and con­ is published in the F ederal R egister. tainer marking regulations. PART 93— CERTIFICATION OF PRO­ DEPARTMENT OF AGRICULTURE (a) * * * TECTIVE ARRANGEMENTS FOR EM­ Consumer and Marketing Service ( 2 ) * * * PLOYEES AFFECTED BY ASSISTANCE (ii) Grapefruit. Grapefruit, when in UNDER THE URBAN MASS TRANS­ [ 7 CFR Part 906 1 any box, bag, or carton shall be of a size within the diameter limits specified PORTATION ACT OF 1964, AS ORANGES AND GRAPEFRUIT GROWN AMENDED IN THE LOWER RIO GRANDE VAL­ for the various pack, sizes for standard pack set forth in table III of the U.S. Subpart A— General LEY IN TEXAS Standards for Grapefruit (Texas and Sec. Proposed Container, Pack, and States other than Florida, California, 93.1 Scope and purpose. 93.2 Acceptable protective arrangements. Container Marking Regulations and Arizona) designated as §§ 51.620- 51.653 of this title: Provided, That dur­ Subpart B— Procedures for Certification Consideration is being given to the fol­ ing the period October 16, 1971, through lowing proposal, applicable to § 906.340 October 15, 1972, the diameter limits for 93.3 Processing of applications. Container, pack, and container market­ 93.4 Role of collective bargaining. pack size 96 grapefruit shall be 3%e 93.5 Mediation and conciliation. ing regulations (7 CFR 906.340; 36 F.R. inches minimum and 3hAq inches maxi­ 93.6 Notice of hearing. 143; 5962; 14253), recommended by the mum: And provided further, That any 93.7 Conduct of hearing. Texas Valley Citrus Committee, estab­ grapefruit in boxes or cartons shall be 93.8 Rights of parties. lished pursuant to the marketing agree­ packed in accordance with the require­ 93.9 Rules of evidence. ment, as amended, and Order No. 906, ments of standard pack, except that not 93.10 Duties and powers of hearing officer. as amended (7 CFR Part 906), regulat­ 93.11 Oral argument at the hearing. to exceed 10 percent, by count, of such 93.12 Piling of brief. ing the handling of oranges and grape­ grapefruit may be outside such diameter fruit grown in the Lower Rio Grande 93.13 Submission of the hearing officer’s re­ limits. port and recommendations to the Valley in Texas. This program is effec­ * * * * * Assistant Secretary of Labor for tive under the Agricultural Marketing Labor-Management Relations; ex­ Agreement Act of 1937, as amended (7 Dated: September 24, 1971. ceptions. U.S.C. 601-674). P aul A . N ic h o l s o n , 93.14 Contents of exceptions to hearing of­ AH persons who desire to submit Deputy Director, Fruit and Veg­ ficer’s report and recommendations. written data, views, or arguments in con­ 93.15 Briefs in support of exceptions. etable Division, Consumer 93.16 Final action. nection with the proposal should file the and Marketing Service. same with the Hearing Clerk, Room 112A, A u t h o r it y : The provisions of this Part 93 U.S. Department of Agriculture, Wash­ [PR Doc.71-14318 Piled 9-28-71;8:48 am] are issued under 49 U.S.C. 1609(c); 5 U.S.C. ington, D.C. 20250, not later than the 301. seventh day after the publication of this Subpart A— General notice in the F ederal R egister. All writ­ ten submissions made pursuant to this DEPARTMENT OF LABOR § 93.1 Scope and purpose. notice will be made available for public Office of the Secretary The purpose of this part is to set forth inspection at the office of the Hearing procedures relating to the responsibilities Clerk during regular business hours (7 [ 29 CFR Part 93 ] vested in the Secretary of Labor by the CPR 1.27(b)). CERTIFICATION OF PROTECTIVE AR­ Urban Mass Transportation Act of 1964, The proposed amendment would 78 Stat. 302, as amended, in determining tinue in effect through October 15, : RANGEMENTS FOR EMPLOYEES AFFECTED BY ASSISTANCE UNDER that fair and equitable arrangements certain requirements with respect tc have been made to protect the interests Packing of size 96 grapefruit, that ! URBAN MASS TRANSPORTATION of employees affected by assistance under been in effect since April 1, 1971, u ACT OF 1964 that Act. Section 3(e) of the Act, 49 Amendment 7 to § 906.340. Such reqi U.S.C. section 1602(e), provides that no ments, which unless extended be; Proposed Protection Procedures financial assistance shall be provided such date would expire October 15, ; Notice is hereby given that, pursuant ct diameter range for pack to section 13(c) of the Urban Mass under the Act to any State or local pub­ oE by. Prescribing 3%6 inches instea Transportation Act of 1964, as amend­ lic body or agency thereof for the pur­ inches as the minimum size ed, 49 U.S.C. section 1609(c), and 5 pose, directly or indirectly, of acquiring

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 19120 PROPOSED RULE MAKING any interest in, or purchasing any facili­ stances and the stage of development of Hearing Examiner, and shall be open to ties or other property of, a private mass the project, the Department of Labor the public unless otherwise ordered by transportation company, or for the pur­ will process applications in either pre­ the Assistant Secretary of Labor for pose of constructing, improving or recon­ liminary or final form. To facilitate re­ Labor-Management Relations. structing any facilities or other prop­ view, the section of the application deal­ (b) An official reporter shall make the erty acquired from any such company, ing with “Labor and Relocation” should only official transcript of such proceed­ or for the purpose of providing by con­ estimate the effects of the contemplated ings. Copies of the official transcript will tract or otherwise for the operation of Federal assistance, including possible not be provided to the parties but may mass transit facilities or equipment in impact of the project upon applicable be purchased by arrangement with the competition with, or supplementary to, collective bargaining agreements, em­ official reporter. the service provided by an existing mass ployment rights, privileges and benefits § 93.8 Rights of parties. (including pensions) and collective bar­ transportation company, unless the Sec­ Any party shall have the right to ap­ retary of Labor certifies that such assist­ gaining rights. (b) Situations involving organized em­pear at such hearing in person, by coun­ ance complies with the requirements of sel, or by other representative, to examine section 13(c) of the Act. Section 13(c), ployees. The application should identify the labor organizations, if any, repre­ and cross-examine witnesses, and to in­ 49 U.S.C. section 1609(c), requires as a troduce into the record documentary or condition of Federal assistance under the senting the employees referred to in paragraph (a) of this section and should other relevant evidence, except that the Act that fair and equitable arrange­ participation of any party shall be ments are made, as determined by the describe the nature of the existing col­ lective bargaining relationships and de­ limited to the extent prescribed by the Secretary of Labor, to protect the hearing officer. interests of employees affected by such scribe what, if any, steps have been assistance. taken to develop the required employee § 93 .9 Rules of evidence. protections. § 93.2 Acceptable protective arrange­ The technical rules of evidence do not § 93 .4 Role o f collective bargaining. ments. apply. Any evidence may be recorded, except that a hearing officer may exclude (a) Contents. The Secretary of Labor In situations involving organized em­ ployees, it is expected that employee pro­ any evidence or offer of proof which is shall certify, as fair and equitable, those immaterial, irrelevant, unduly repeti­ protective arrangements for affected em­ tective arrangements will normally be the product of collective bargaining and tious, or customarily privileged. Every ployees which include, without being party shall have a right to present his limited to, such provisions as may be negotiation, subject to the basic stand­ ards set forth in § 93.2(a). The Secre­ case by oral and documentary evidence necessary and appropriate for: and to submit rebuttal evidence. (1) The preservation of rights, privi­ tary of Labor shall accord the parties the leges, and benefits (including continua­ greatest possible latitude and encourage­ § 93.10 Duties and powers of the hear­ tion of pension rights and benefits) un­ ment in developing their own mutually ing officer. der existing collective bargaining agree­ acceptable arrangements. Where the par­ It shall be the duty of the hearing ments or otherwise. ties have mutually agreed on protective arrangements, the Secretary shall certify officer to inquire fully into the facts and (2 ) The continuation of collective bar­ issues as they relate to the matters be­ gaining rights. such arrangements, provided they meet the requirements of § 93.2(a). If the Sec­ fore him. The hearing officer shall have (3) The protection of individual em­ the authority to: ployees against a worsening of their posi­ retary finds such negotiated arrange­ ments unacceptable, he shall so notify the (a) Grant requests for appearance of tions with respect to their employment. witnesses or production of documents; (4) Assurances of employment to em­ parties and indicate the nature of the déficiences. The parties shall then be sub­ (b) Rule upon offers of proof and re­ ployees of acquired mass transportation ceive relevant evidence; systems and priority of reemployment of ject to the provisions of §§ 93.5 through 93.16. (c) Take or cause depositions to be employees terminated or laid off. taken whenever the ends of justice would (5) Paid training or retraining pro­ § 93.5 Media lion and conciliation. grams. be served thereby; If the parties are unable to develop (d) Limit lines of questioning or testi­ Such benefits shall in no event be less mutually acceptable arrangements for mony which are immaterial, irrelevant, than those established pursuant to sec­ affected employees through their own ef­ or unduly repetitious; tion 5(2) (f) of the Interstate Commerce forts within a reasonable period of time, (e) Regulate the course of the hear­ Act, 41 U.S.C. section 5 (2) (f ). Such bene­ the Assistant Secretary of Labor for Labor-Management Relations shall make ing, and if appropriate, exclude from the fits shall include, without being limited hearing persons who engage in miscon­ to, appropriate provisions for: mediation and conciliation services avail­ duct and strike all related testimony of (i) Definitions, including definition of able such purpose upon the request of witnesses refusing to answer any ques­ one or more of the parties. protective period; tions deemed to be proper; (ii) Displacement allowances ; § 93.6 Notice o f hearing. (iii) Dismissal allowances; (f) Hold conferences for the settle­ ment or simplification of the issues by (iv) Separation allowances; If the parties are unable to reach mu­ tually acceptable arrangements for af­ consent of the parties or upon his own (v) Fringe benefits; fected employees within a reasonable notion; (vi) Arbitration of disputes. period of time after mediation and con­ (g) Dispose of procedural requests, (b) Situations involving unorganized ciliation services have been utilized, any notions, or similar matters which sh employees. Protective arrangements must party may petition the Assistant Secre­ e made part of the record of provide fair and equitable protection for tary of Labor for Labor-Management »roceeding; ' ., all affected employees, regardless of Relations requesting that he issue a (h) Examine and cross-examine wi whether they are represented by a labor notice of hearing for the purpose of ob­ lesses and introduce into the recoru organization. taining facts upon which the required locumentary or other evidence; Subpart B— Procedures for protective arrangements may be recom­ (i) Prepare, serve, and submit his re­ mended. The Assistant Secretary of tort and recommendations, pursuan Certification Labor for Labor-Management Relations 93.13; . § 93.3 Processing o f applications. shall issue a notice of hearing if he de­ (j ) Take official notice of any mater (a) General requirements. The De­termines that the parties are at an act not appearing in evidence m i impasse in their negotiations for a partment of Transportation will furnish ecord, which is among the copies of applications for Federal assist­ protective arrangement. natters of judicial notice and also co ance to the Department of Labor for § 93.7 Conduct of hearing. :eming which the Department o review, together with a request for the certification of employee protective ar­ (a) Hearings shall be conducted by a rangements. Depending on the circum­ hearing officer designated by the Chief be expert;

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 PROPOSED RULE MAKING 19121

(k) Take any other action necessary (2) Identify with specificity that part ington, D.C. 20210, within 15 days after under the foregoing and not prohibited of the hearing officer’s report to which this notice is published in the Federal by these regulations. objection is made; R egister. (3) Designate by precise citation of 1. The table of contents for Part 29-1 § 93.11 Oral argument at the hearing. page the portions of the record relied on to be revised to add entries for a new Any party shall be entitled, upon re­ and state the grounds for the exceptions. Subpart 29-1.50, as follows: quest, to a reasonable period prior to the (b) Any exception to a ruling, finding, close of the hearing for oral argument, Subpart 29—1.50— Novation Agreements and conclusion, or recommendation which Change of Name Agreements which shall be included in the official is not specifically urged shall be deemed transcript of the hearing. to have been waived. Any exception Sec. 29-1.5000 Scope of subpart. § 93.12 Filing o f brief. which fails to comply with the foregoing 29-1.5001 Legal review. requirements may be disregarded. Any party desiring to submit a brief 29-1.5002 Agreement to recognize a suc­ § 93.15 Briefs in support of exceptions. cessor in interest. to the hearing officer shall file the origi­ 29-1.5003 Agreement to recognize change of nal and one copy within fourteen (14) (a) Any brief in support of exceptions name of contractor. days after the close of the hearing: Pro­ shall contain any matters included 29-1.5004 Processing novation agreements vided, however, That prior to the close within the scope of the exceptions and and change of name agree­ of. the hearing and for good cause, the shall contain, in the order indicated, the ments. hearing officer may grant a reasonable following: 2. The following text material to be extension of time. Copies thereof shall (1) A concise statement of the case added as a new Subpart 29-1.50: be served simultaneously on all other containing all that is material to the con­ •parties to the proceeding. No reply brief sideration of the questions presented; Subpart 29—1.50— Novation Agree­ may be filed except by special permission (2) A specification of the questions ments and Change of Name Agree­ of the hearing officer. involved and to be argued; ments (3) The argument, presenting clearly § 93.13 Submission o f the hearing offi­ § 29—1.5000 Scope of subpart. cer's report and recommendations to the points relied on in support of-the the Assistant Secretary o f Labor for position taken on each question, with This subpart prescribes the policy and Labor-Management Relations ; excep­ specific page reference to the transcript procedures for (a) recognition of a suc­ tions. and the legal or other material relied on. cessor in interest to Government con­ (b) Answering briefs to the excep­ tracts when such interests are acquired (a) After the close of the hearing and incidental to a transfer of all the assets the receipt of briefs, if any, the hearing tions and cross-exceptions and support­ ing briefs may be filed at the discretion of a contractor or such part of his assets officer shall prepare his report and rec­ as is involved in the performance of the ommendations expeditiously. The report of the Assistant Secretary of Labor for Labor-Management Relations. contract, (b) a change of name of a con­ and recommendations shall contain a tractor, and (c) execution of novation recommended protective arrangement § 93.16 Final action. agreements and change of name agree­ meeting the requirements of § 93.2(a) ments by a single administration or of­ and the reasons or basis therefor. After considering the hearing officer’s report and recommendations, the record, fice and change of name Or novation (b) The hearing officer shall cause his agreements affecting more than one ad­ report and recommendations to be served and any exceptions filed, the Assistant Secretary of Labor for Labor-Manage­ ministration or office. (See also § 1-30.- promptly on all parties to the proceed­ 710 of this title on assignment of claims ing. Thereafter, the hearing officer shall ment Relations shall recommend to the Secretary of Labor a decision affirming in case of transfers of a business or cor­ transfer the case to the Assistant Secre­ porate mergers.) tary of Labor for Labor-Management or reversing the hearing officer, in whole Relations, including his report and rec­ or in part, establishing employee pro- § 29—1.5001 Legal review. ' tective arrangements. The Secretary of ommendations and the record. Labor shall issue his decision, which All novation agreements and change (c) An original and two (2) copies of shall be subject to the requirements of of name agreements, prior to execution any exceptions to the hearing officer’s § 93.2(a). The contract for the granting by the Department, shall be reviewed by report and recommendations may be of assistance shall specify the protective the Solicitor’s Office for legal sufficiency. filed by any party with the Assistant arrangements established by the Secre­ § 29—1.5002 Agreement to recognize a Secretary of Labor for Labor-Manage­ tary of Labor in his decision. ment Relations within ten (10) days successor in interest. after service of the report and recom­ Effective date. This part shall be effec­ (a) The transfer of a Government mendations: Provided, however, That tive upon publication in the Federal contract is prohibited by law (41 U.S.C. the Assistant Secretary of Labor for La­ R egister (9-29-71). 15). However, the Government may rec­ bor-Management Relations may for good Signed at Washington, D.C., this 22d ognize a third party as the successor in cause shown extend the time for filing day of September 1971. interest to a Government contract where such exceptions. Requests for additional the third party’s interest is incidental time in which to file exceptions shall be J. D. Hodgson, to the transfer of all the assets of the in writing, and copies thereof shall be Secretary of Labor. contractor, or all of that part of the con­ served simultaneously on the other par­ [PR Doc.71-14281 Piled 9-28-71;8:46 am] tractor’s assets involved in the perform­ ties. Requests for extension of time must ance of the contract. Examples include, be received no later than three (3) days but are not limited to: before the date the exceptions are due. I 41 CFR Parts 29-1, 29-3 1 ( 1 ) Sale of such assets ; Copies of such exceptions and any sup­ (2) Transfer of such assets pursuant porting briefs shall be served simultane­ NOVATION AND CHANGE OF NAME to merger or consolidation of corpora­ ously on all other parties, and a state­ AGREEMENTS AND CONTRACTS tion; and ment of such service shall be furnished Notice of Proposed Rule Making (3) Incorporation of a proprietorship to the Assistant Secretary of Labor for or partnership. Labor-Management Relations. Pursuant to the authorities contained (b) When a contractor requests that in 5 U.S.C. 301 and 40 U.S.C. 486(c), I the Department recognize a successor in § 93.14 Contents o f exceptions to hear­ hereby propose to amend 41 CFR Chap­ ing officer’ s report and recommenda­ interest, the contractor shall be required tions. ter 29 as set forth below. to provide three signed copies of a nova­ Any person interested in this proposal tion agreement to the administration or (a) Exceptions to a hearing officer’smay file a written statement of data, office concerned, together with one copy report and recommendations shall: views, or arguments regarding it with of each of the following, as applicable: (l) Set forth specifically the questions the Assistant Secretary for Administra­ (1) A properly authenticated copy of upon which exceptions are taken; tion, U.S. Department of Labor, Wash- the instrument by which the transfer of

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 19122 PROPOSED RULE MAKING

assets was effected, as for example, a bill under the laws of the State o f ------The Transferee further assumes all obliga­ of sale, certificate of merger, indenture with its principal office in the city of------tions and liabilities of, and all claims and ____ (hereinafter referred to as the “Trans­ demands against, the Transferor under the of transfer, or decree of court; feror”); the XYZ Corporation add if appro­ Contracts, in all respects as if the Transferee (2) A list of all contracts and purchase priate (formerly known as the EFG Cor­ were the original party to the Contracts. orders which have not been finally poration) , a corporation duly organized and 11. The Transferee hereby ratifies and con­ settled between the Department and the existing under the laws of the State of firms all actions heretofore taken by the transferor, showing the contract number, ______with its principal office in the Transferor with respect to the Contracts with the name and address of the procurement city o f ______(hereinafter referred to the same force and effect as if the action office involved, the total dollar value of as the “Transferee”) ; and the United had been taken by the Transferee. States of America (hereinafter referred to 12. The Government hereby recognizes the each contract as amended, the type of as the “Government”) . Transferee as the Transferor’s successor in contract involved, and the balance interest in and to the Contracts and agrees remaining unpaid; WITNESSETH that the Transferee hereby becomes entitled (3) A certified copy of the resolutions 1. Whereas, the Government, represented to all rights, title, and' interest of the Trans­ of the boards of directors of the cor­ by various Contracting Officers of the De­ feror in and to the Contracts in all respects porate parties authorizing the transfer partment of Labor has entered into certain as if the Transferee were the original party of assets; contracts and purchase orders with the to the Contracts. The term “Contractor” as Transferor (namely: ______), or as set used in the Contracts shall be deemed here­ (4) A certified copy of the minutes of forth in the attached list marked “Exhibit after to refer to the Transferee rather than any stockholders’ meetings of the cor­ A” to this Agreement and herein incor­ to the Transferor. porate parties necessary to approve the porated by reference; and the term “the 13. Except as expressly provided herein, transfer of assets; Contracts” as hereinafter used means the nothing in this Agreement shall be construed (5) A properly authenticated copy of above contracts and purchase orders, and all as a waiver of any rights of the Government the certificate and articles of incorpora­ other contracts and purchase orders, includ­ against the Transferor. tion of the transferee if such cor­ ing modifications thereto, heretofore made 14. Notwithstanding the foregoing provi­ poration was formed for the purpose between the Government, represented by sions, all payments and reimbursements various Contracting Officers of the above- heretofore made by the Government to the of receiving the assets involved in named Department, and the Transferor Transferor and all other action heretofore the performance of the Government (whether or not performance and payment taken by the Government, pursuant to its contracts; have been completed and releases executed, obligation under any of the Contracts, shall (6) Opinion of counsel for the trans­ if the Government or the Transferor has any be deemed to have discharged pro tanto the feror and transferee that the transfer remaining rights, duties or obligations there­ Government’s obligations under the Con­ was properly effected in accordance with under) , and including modifications thereto tracts. All payments and reimbursements applicable law and the effective (tote of hereafter made in accordance with the ternis made by the Government after the date of and conditions of such contracts and pur­ this Agreement in the name of or to the transfer; chase orders between the Government and Transferor shall have the same force and (7) Evidence of the capability of the the Transferee; effect as if made to said Transferee and shall’ transferee to perform the contracts; 2. Whereas, as o f ______, 19__, the constitute a complete discharge of the Gov­ (8) Balance sheets of the transferor Transferor assigned, conveyed, and trans­ ernment’s obligations under the Contracts, and the transferee as of dates immedi­ ferred to the Transferee all the assets of the to the extent of the amounts so paid or ately prior to and after the transfer of Transferor by virtue of a (term descriptive reimbursed. assets; and of the legal transaction involved) between 15. The Transferor and the Transferee (9) Consent of sureties on all con­ the Transferor and the Transferee; hereby agree that the Government shall not 3. Whereas, the Transferee, by virtue of be obligated to pay or reimburse either of tracts listed under paragraph (a) of this said assignment, conveyance and transfer, has them for, or otherwise give effect to, any section where bonds are required, or a acquired all the assets of the Transferor; costs, taxes or other expenses, or any in­ statement that none is required. 4. Whereas, by virtue of said assignment, creases therein, directly or indirectly arising (c) When it is consistent with the conveyance and transfer, the Transferee has out of or resulting from (i) said assign­ Government’s interest to recognize a suc­ assumed all the duties, obligations and lia­ ment, conveyance and transfer, or (ii) this cessor in interest to a Government con­ bilities of the Transferor under the Contracts; Agreement, other than those which the tract, the administration or office con­ 5. Whereas, the Transferee is in a position Government, in the absence of said assign­ cerned shall execute an agreement with fully to perform the Contracts, and such du­ ment, conveyance and transfer, or this ties and obligations as may exist under the Agreement, would have been obligated to pay the transferor and the transferee, which Contracts; or reimburse under the terms of the shall ordinarily provide in part that: 6. Whereas, it is consistent with the Gov­ Contracts. (1) The transferee assumes all the ernment’s interest to recognize the Trans­ 16. The Transferor hereby guarantees pay­ transferor’s obligations under the con­ feree as the successor party to the Contracts; ment of all liabilities and the performance of tract; 7. Whereas, there has been filed with the all obligations which the Transferee (i) as­ (2) The transferor waives all rights Government evidence of said assignment, sumes under this Agreement, or (ii) may under the contract as against the conveyance or transfer, as required by hereafter undertake under the Contracts as § 29-1.5002 (b); they may hereafter be amended or modified Government; Where a change of name is also involved, in accordance with the terms and conditions (3) The transferor guarantees per­ such as prior or concurrent change of name thereof; and the Transferor hereby waives formance of the contract by the trans­ of the transferee, an appropriate recital shall notice of and consents to any such amend­ feree (a satisfactory performance bond be used; for example: ment or modification. may be accepted in lieu of such guaran­ 8. Whereas, there has been filed with the 17. Except as herein modified, the Con­ tee) ; and Government a certificate dated ______, tracts shall remain in full force and effect. (4) Nothing in the agreement shall 19__, signed by the Secretary of State of the In witness whereof, each of the parties State o f ______, to the effect that the hereto has executed this Agreement as o relieve the transferor or the transferee the day and year first above written. from compliance with any Federal law. corporate name of EPG Corporation was changed to X Y Z Corporation o n ______, U nited States of America (d) A form for such an agreement for 19__; B y ------use when the transferor and transferee Now, therefore, in consideration of the T itle ______~ are corporations, and all the assets of the premises, the parties, hereto agree as follows : [CORPORATE SEAL] A B C CORPORATION transferor are transferred, is set forth 9. The Transferor hereby confirms said as­ By ------signment, conveyance, and transfer to the herein. This form may be adapted to T itle ____ — ...... fit specific cases and may be- used as a Transferee, and does hereby release and dis­ guide in preparing similar agreements charge the Government from, and does [ corporate seal] X Y Z Corporation for use in other situations. hereby waive, any and all claims, demands, B y ------and rights against the Government which it Title ------...... A greement now has or may hereafter have in connection C e r t i f i c a t e with the contracts. This Agreement, entered into as of (date ______certify that I upon which the transfer of assets became ef­ 10. The Transferee hereby assumes, agrees am the Secretary of ABC Corporation, fective pursuant to applicable State law), to be bound by, and undertakes to perform 19__, by and between the ABC Corporation, each and every one of the terms, covenants named above; th a t------a corporation duly organized and existing and conditions contained in the Contracts. who signed this Agreement on behalf o

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 PROPOSED RULE MAKING 19123 corporation, was t h e n ------of said "Exhibit A " to this Agreement and herein novation agreement within 30 days after corporation; and that this Agreement was incorporated by reference); and the term receipt of notice, the initiating Admin­ duly signed for and in behalf of said corpor­ "the Contracts” as hereinafter used means ation by authority of its governing body and the above contracts and purchase orders, and istration or Office shall assume accept­ is within the scope of its corporate powers. all other contracts and purchase orders, in­ ance of the proposed novation agree­ Witness by hand and the seal of said cor­ cluding modifications thereto, entered into ment. poration th is ------day o f ------, between the Government, represented by (c) When more than one Administra­ 19__ various Contracting Officers of the Depart­ tion or Office has outstanding contracts [corporate seal] ment of Labor, and the Contractor (whether with the contractor or contractors, a By------... ------—— ...... or not performance and payment have been completed and releases executed, if the Gov­ single agreement covering all such con­ Certificate ernment or the Contractor has any remain­ tracts shall be executed by the Admin­ I, ------.------, certify that I ing rights, duties or obligations thereunder) ; istration or Office having the largest am the Secretary of X Y Z Corporation, 2. Whereas, the X Y Z Corporation, by an unsettled dollar balance with the con­ named above; th a t------amendment to its certificate of incorpora­ tractor or contractors. who signed this Agreement on behalf of said tion, dated ------has changed its (d) A signed copy of the executed corporation, was t h e n ______of said corporate name to ABC Corporation; novation agreement or change of name corporation; and that this Agreement was 3. Whereas, a change of corporate name duly signed for and in behalf of said corpor­ only is accomplished by said amendment, so agreement shall be forwarded to the con­ ation by authority of its governing body and that rights and obligations of the Govern­ tractor, a signed copy shall be retained in is within the scope of its corporate powers. ment and of the Contractor under the Con­ the administration or office executing the Witness by hand and the seal of said cor­ tracts are unaffected by said change; and agreement, and where more than one poration this — ______day o f ______, 4. Whereas, there has been filed with the administration or office is involved, two 19—. Government documentary evidence of said conformed copies of the agreement shall change in corporate name; [CORPORATE SEAL] be prepared by each affected adminis­ By...... Now therefore, in consideration of the tration and office incorporating a sum­ premises, the parties hereto agree that the § 29—1.5003 Agreement to recognize Contracts covered by this agreement are here­ mary of the agreement and attaching change o f name o f contractor. by amended by deleting therefrom the name thereto a complete list of the contracts affected. (a) When only a change of name is “X Y Z Corporation” wherever it appears in the Contracts and substituting therefor the 3. In § 29-3.405-5 Cost-plus-a-fixed- involved, so that the rights and obliga­ name “ABC Corporation”. tions of the parties remain unaffected, fee contract, a new paragraph (c) to be In witness whereof, each of the parties added to read as follows: an agreement shall be executed by the hereto has executed this Agreement as of Administration or Office concerned and the day and year first above written. § 29—3.405—5 Cost-plus-a-fixed-fee con­ the contractor modifying all existing tract. contracts between the parties so as to U nited States of A merica ***** reflect the contractor’s change of name. By ------Three signed copies of the Change of T itle ______(c) Limitations. In addition to the statutory limitations described in § 1- Name Agreement and one copy of each of [CORPORATE SEAL] A B C CORPORATION the following shall be forwarded by the 3.405-5 (c) (2) of this title, fees under B y ------cost-plus-a-fixed-fee type contracts are contractor to the Administration or T itle ______Office concerned : subject to the administrative limitations set forth below: (1) A copy of the instrument by which Certificate the change of name was effected, au­ I, ------;------certify that I (1) Nine percent of the estimated cost, thenticated by a proper official of the am the Secretary of ABC Corporation, named exclusive of the fee, for any cost-plus-a- State having jurisdiction; above; that ______who fixed-fee contract of experimental, signed this Agreement on behalf of said cor­ evaluation, developmental, or research (2) Opinion of counsel for the con­ poration, was t h e n ______of said cor­ work; or tractor as to the effective date of the poration; and that this Agreement was duly (2) Six percent of the estimated cost, change of name and that it was properly signed for in behalf of said corporation by effected in accordance with applicable authority of Its governing body and is with­ exclusive of the fee, of any other cost- law; and in the scope of its corporate powers. plus-a-fixed-fee contract. (3) A list of all contracts and pur­ Witness by hand and seal of said corpora­ Fixed-fees within the limitations im­ tion t h i s ______day o f ______posed by § l-3.405-5(c) (2) of this title chase orders which have not been finally 19__ settled - between the Department con­ and in excess of those cited herein shall [corporate seal] be submitted to the Chief, Division of cerned and the transferor, showing the B y — ...... contract number, the name and address Procurement Systems, Office of Manage­ of the procurement office involved, the § 29—1.5004 .Processing novation agree­ ment Systems, Office of the Assistant total dollar value of each contract as ments and change of name agree­ Secretary for Administration, Washing­ amended, and the balance remaining ments. ton, D.C. 20210 for approval. The request unpaid. (a) The Administration or Office proc­ for approval shall include a detailed essing a proposed novation agreement justification setting forth the rationale (b) A format for such an agreement supporting the proposed fee in terms of which shall be adapted for specific cases shall promptly provide notice of the pro­ is set forth below. posed Agreement, including lists of con­ the factors prescribed in § 1-3.808-2 of tracts as required by § 29-1.5002(b) (2), this title. A g r e e m e n t to the Administrations or Offices having 4. In § 29-3.405-50 Cost-plus-award- This agreement, entered into as of (date contracts with the contractor or contrac­ fee contract, paragraph (c) to be revised upon which the change of name became tors concerned. Such notice shall be to read as follows : effective pursuant to applicable State law) ------19— t by and between the ABO transmitted to the appropriate addressee § 29—3.405—50 Cosi-plus-award-fee con­ Corporation (formerly the XYZ Corporation listed herein. tract. and hereinafter sometimes referred to as the Office of Administrative Services, Office of * * * * • Contractor” ), a corporation duly organized the Assistant Secretary for Administration, and existing under the laws of the State of Attention: ASP. (c) Limitations. The base fee shall not ' ------and the United States of Amer- exceed 3 percent of the estimated cost of ca (hereinafter referred to as the “Govern­ Manpower Administration, Office of Financial the contract exclusive of fee. The maxi­ ment”). and Management Systems, Attention: mum fee (base fee plus award fee) shall MBMR. WITNESSETH not exceed the limits in §§ 1-3.405 (c) (2) 1. Whereas, thé Government, represented Bureau of International Affairs, Attention: of this title, and 29-3.405-5 (c). IA. ny various Contracting Officers of the D e­ 5. The table of contents for Subpart li rtment of Labor has entered into certain Bureau of Labor Statistics, Attention: BA. and purchase orders with the 29-3.8 to be revised to add the following , " Corporation, (n a m e ly :______) or (b) If t h e Administration(s) or new entry for a new § 29-3.805-50, as s set forth in the attached list marked Office(s) do not object to the proposed follows:

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 19124 PROPOSED RULE MAKING

Sec. (2) $75,000 represents the price or estimated and 12 hospitalizations in 1970. Data 29-3.805-50 Criteria for award. cost of the responsible responsive offeror obtained from the Division of Vital Sta­ being evaluated. 6. The following text material is added tistics, National Center for Health Sta­ to Subpart 29-3.8 as new section: (c) In accordance with § l-3.805-l(a) tistics, show two deaths in 1968; and a of this title, where discussions or other review of incomplete data obtained from § 29—3.805—50 Criteria for award. negotiations are to be conducted, the death certificates indicates five deaths (a) The Contracting Officer shall in­ contracting officer must negotiate with in 1969 and one death in 1970 of chil­ sure that the request for proposal sets all responsible offerors within a competi­ dren under 5 years of age from this forth all significant matters which affect tive range. The competitive range con­ substance or mixtures containing it. the opportunities of suppliers to compete sists of the proposals of those offerors After review of the aforementioned in­ on an equal basis, including any special which, based either on an evaluation by formation and consultation, pursuant to evaluation factors. Evaluation factors a mathematical formula or other means, section 3, with the technical advisory are defined as (1) any minimum stand­ are grouped more or less at the same committee convened in accordance with ards which will be required with respect level and are~" competitive with each section 6 of the Poison Prevention Pack­ to any' particular element of the pro­ other. A determination erf the limits of aging Act of 1970, the Commissioner has curement as well as (2) reasonably defi­ the competitive range requires the com­ determined that the nature of the hazard nite information as to the degree of im­ parison of each proposal against the to children posed by liquid preparations portance to be given to particular factors other proposals. Therefore, there is no containing more than 5 percent of methyl in relation to each other. This does not way to predetermine the number of or salicylate, by reason of their availability mean that a mathematical formula must percentage of proposals that will be com­ and packaging, is such that special pack­ be used in the evaluation process. How­ petitive with ^ach other. The limits of aging,. including a restricted orifice, is ever, when the numerical rating is used, what constitutes competitive range in a required to protect children from serious the request for proposal must inform the particular case is a judgment matter for personal injury or serious illness re­ offerors of at least the major factors to determination by the Contracting Of­ sulting from ingesting such substances. be considered and the broad scheme of ficer who has wide latitude. Such discre­ Furthermore, the Commissioner has de­ scoring to be used. tion will be reasonable and justified and termined that the special packaging to (b) An example of a mathematical shall not be exercized in an arbitrary or be required is technically feasible, prac­ evaluation process is set forth herein. The capricious manner. ticable, and appropriate for such evaluation factors are examples and (5 U.S.O. 301; 40 U.S.C. 486(c)) substances. Liquid preparations containing more should be changed to meet the particu­ Signed at Washington, D.C., this 22d lar needs of the request for proposal. than 5 percent of methyl salicylate and day of September 1971. packaged in aerosol containers are not Criteria for A ward J7 D. H odgson, included in the packaging standard pro­ Prospective suppliers are advised that the Secretary of Labor. posed herein, but will be dealt with selection of an offeror for contract award is to be made after a careful evaluation of the [FR Doc.71-14280 Filed 9-28-71;8:46 am] separately. proposals received by a panel of specialists Accordingly, pursuant to the provisions within the Department. Each panelist will of the Poison Prevention Packaging Act evaluate the proposals for acceptability with of 1970 (secs. 2(4), 3, 5, 84 Stat. 1670-72; emphasis on the various factors enumerated 15 U.S.C. T471-74) and under authority below, assigning to that factor a numerical DEPARTMENT OF HEALTH, delegated to him (36 F.R. 11770) the weighting within the range shown for each Commissioner proposes to add to Part of those factors. The scores will then be EDUCATION, AND WELFARE 295—Regulations Under the Poison Pre­ averaged to select an offeror or develop a list of offerors. Food and Drug Administration vention Packaging Act of 1970 (36 F.R. 13335) two new sections as follows (other Negotiations will be initiated, if neces­ [ 21 CFR Part 295 1 portions of these sections regarding other sary, with one or more of the offerors, substances are being proposed in separate CERTAIN LIQUID PREPARATIONS within the competitive range as the situ­ documents): ation warrants, beginning with the head CONTAINING METHYL SALICYLATE of the list, i.e., the offeror with the high­ (WINTERGREEN OIL) § 295.2 Substances requiring “ special est score, determined by the factors packaging” . shown below: Proposed Child Protection Packaging (a,) The Commissioner has determined Standards that special packaging within the mean­ A. Supplier’s collective experience as it related to the work required Through investigations by the Food ing of section 2 (4) of the act and as spec­ by the proposed contract______1-15 pts. and Drug Administration and from other ified in this part is required to protect B. Education and experience of available information, the Commission­ children from serious personal injury or supplier’s key personnel as they er of Food and Drugs has learned that serious illness and that such packaging is relate to the work required by preparations containing more than 5 feasible, practicable, and appropriate for the proposed contract______1-15 pts. the following substances: C. Supplier’s resources and facili­ percent of natural or synthetic methyl ties ______1-15 pts. salicylate (wintergreen oil) are a cause * * * * * D. Planned approach in accom­ of fatalities and hospitalizations of (3) Liquid preparations containing plishing the proposed work and children because of their attractive win­ more than 5 percent by weight of methyl its indication of the supplier’s tergreen odor and high toxicity. The ac­ salicylate, other than those packaged in understanding of the work re­ cidental ingestion of methyl salicylate aerosol containers, shall be packaged in quired ______1-35 pts. results in poisoning similar to, but more accordance with the provisions of § 295. o E. Price or estimated cost______1-30 pts. rapid than, that produced by aspirin. (a) (1) and (2). N ote : Evaluation of the price or estimated A number of reports of fatalities due to (b) None of the substances listed un­ cost factor will be computed by multiplying the ingestion of small amounts of methyl der any subparagraph of paragraph (a) the maximum point score (e.g., 30) available for the factor by the fraction representing salicylate have appeared in the medical of this section shall be distributed in a the ratio of the lowest price or estimated cost literature. The ingestion of as little as noncomplying package under the exemp­ to the particular supplier’s proposed price or 1 teaspoon has been reported as being tion provided in section 4(a) of the a estimated cost, as illustrated below: fatal. Data on accidental ingestion of unless the manufacturer or packer firs /1N 60,000 30 , . . liquid preparations containing methyl provides the Commissioner of Food ana (1) ■ ■ X-= -= point score for price or esti- 75,000 l mated cost factor. salicylate by children under 5 years of Drugs with a sample of such intende age obtained from the National Clear­ noncomplying package. A sample of ,e?c (2) 60'000y 30— 19,0 — 24 pts. inghouse for Poison Control Centers size package of each substance whic ' 75,000 1 show 64 ingestions and 10 hospitaliza­ manufacturer or packer distributes (1) $60,000 represents the price or estimated “special packaging” shall also be su cost of the lowest responsible responsive tions in 1968, 60 ingestions and 11 hos­ offeror. pitalizations in 1969, and 52 ingestions mitted. Sample packages should be sent

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 PROPOSED RULE MAKING 19125 to: Pood and Drug Administration, At­ Because of an inadvertent delay in the In consideration of the foregoing, the tention: Bureau of Product Safety, 200 distribution of copies of the Notice to Federal Aviation Administration pro­ C Street SW., Washington D.C. 20204. the public, I find that good cause exists poses to amend Part 71 of the Federal for an extension of the time for submis­ §295.3 Poison prevention packaging Aviation Regulations as hereinafter set standards. sion of comments to 30 days from the forth: date of publication of this notice of ex­ In § 71.181 (36 F.R. 2140), the follow­ (a) To protect children from serious tension in the F ederal R egister, and ing transition area is amended to read: personal injury or serious illness result­ that an extension is consistent with the ing from handling, using, or ingesting public interest. H u ntingbur g, I n d . household substances, the Commissioner Therefore, pursuant to the authority That airspace extending upward from 700 has determined that packaging designed contained in sections 313(a), 501, 503, feet above the surface within a 6-mile radius and constructed to meet the following and 505 of the Federal Aviation Act of of Huntingburg Airport (latitude 38°15'00'' standards shall be regarded as “special 1958 (49 U.S.C. 1354(a), 1401, 1403, N., longitude 86°57'00" W.); and within 3 packaging” within the meaning of sec­ miles either side of an 072° bearing from the 1405), section 6(c) of the Department of Huntingburg Airport extending from the tion 2(4) of the act. Specific application Transportation Act (49 U.S.C. 1655(c)), 6-mile radius to 8 miles ENE of the airport. of these standards to substances requir­ and § 1.47(a) of the Regulations of the ing special packaging is in accordance Office of the Secretary of Transporta­ This amendment is proposed under the with § 295.2. tion, the time within which comments authority of section 307(a) of the Fed­ (1) Special packaging which when on Notice 71-21 will be received is hereby eral Aviation Act of 1958 (49 U.S.C. tested by the method described in § 295.10 extended to November 1, 1971. 1348), and of section 6(c) of the Depart­ meets the following specifications: ment of Transportation Act (49 U.S.C. (1) Child-resistant effectiveness not Issued in Oklahoma City, Okla., on 1655(c)). September 21, 1971. less than 85 percent without a demon­ Issued in Kansas City, Mo., on Sep­ stration and not less than 80 percent A . L . C oulter, tember 1, 1971. after a demonstration of the proper Director, Aeronautical Center. means of opening such special packaging. J o h n M . C y r o c k i, [FR Doc.71-14287 Filed 9-28-71;8:46 am] Director, Central Region. (ii) Adult-use effectiveness not less than 90 percent. [FR Doc. 71-14288 Filed 9-28-71;8:46 am] (2) Special packaging from which the [ 14 CFR Part 71 1 flow of liquid is so restricted that not more than 2 milliliters of the contents [Airspace Docket No. 71-CE-103] can be obtained when the inverted opened TRANSITION AREA container is shaken or squeezed once. INTERSTATE COMMERCE Interested persons may, within 30 days Proposed Alteration COMMISSION after publication hereof in the F ederal The Federal Aviation Administration Register, file with the Hearing Clerk, is considering amending Part 71 of the [ 49 CFR Ch. X ] Department of Health, Education, and Federal Aviation Regulations so as to [Ex Parte No. 278] Welfare, Room 6-88, 5600 Fishers Lane, alter the transition area at Huntingburg, Rockville, Md. 20852, written comments Ind. EQUAL OPPORTUNITY IN SURFACE (preferably in quintuplicate) regarding Interested persons may participate in TRANSPORTATION this proposal. Comments may be accom­ the proposed rule making by submitting panied by a memorandum or brief in sup­ such written data, views or arguments Extension of Time for Filing Comments port thereof. Received comments may be’ as they may desire. Communications Present: George M. Stafford, Chair­ seen in the above office during regular should be submitted in triplicate to the man, to whom the matter which is the business hours, Monday through Friday. Director, Central Region, Attention: subject of this order has been assigned Dated: September 21,1971. Chief, Air Traffic Division, Federal Avia­ for action thereon. tion Administration, Federal Building, R. E. Duggan, Upon consideration of the record in 601 East 12th Street, Kansas City, MO the above-entitled proceeding, and of Acting Associate Commissioner 64106. All communications received with­ for Compliance. petition of the Equal Employment Op­ in 45 days after publication of this notice portunity Commission, filed September [PR Doc.71-14343 Piled 9-28-71;8:49 am] in the F ederal R egister will be con­ 21, 1971, 36 F.R. 10741, 10742, for ex­ sidered before action is taken on the tension of time to file initial statements; proposed amendment. No public hearing and good cause appearing therefor: is contemplated at this time, but ar­ It is ordered, That the time for filing DEPARTMENT OF rangements for informal conferences of initial statements be, and it is hereby, with Federal Aviation Administration extended to December 1, 1971. TRANSPORTATION officials may be made by contacting the Regional Air Traffic Division Chief. Any It is further ordered, That the time for Federal Aviation Administration filing replies to such statements be, and data, views or arguments presented dur­ it is hereby, extended to January 5,1972. I 14 CFR Part 471 ing such conferences must also be sub­ mitted in writing in accordance with Dated at Washington, D.C., this 24th [Docket No. 11271; Notice 71-21A] this notice in order to become part of the day of September 1971. no tice o f o w n e r s h ip BY TRANS­ record for consideration. The proposal By the Commission, Chairman Stafford. contained in this notice may be changed FEREE OF U.S. REGISTERED AIRCRAFT in the light of comments received. [ seal] R obert L . O sw a l d , Extension of Comment Period A public docket will be available for Secretary. examination by interested persons in the [FR Doc.71-14314 Filed 9-28-71;8:49 am] The Federal Aviation Administration Office of the Regional Counsel, Federal Proposed in Notice 71-21 published in the Aviation Administration, Federal Build­ federal R egister on August 3, 1971 (36 ing, 601 East 12th Street, Kansas City, [4 9 CFR Part 1252 1 *•«. 14271) to amend Part 47 of the Fed­ MO 64106. [No. 34364 (Sub-No. 1)] eral Aviation Regulations to require the Since designation of controlled air­ Duyer or other transferee of an aircraft space at Huntingburg, Ind., the public RAIL AND MOTOR PIGGYBACK paa e? st®red 1x1 the u s - to notify the use instrument approach procedure for FORMS aft °t his ownershiP within 10 days the Huntington Airport has been re­ wittf- * kecomes the owner, unless vised. Accordingly, it is necessary to al­ Proposed Traffic Statistics pot- that period he submits an Appli- ter the Huntingburg transition area to By this investigation and rule making thQ1!011 *or Aircraft Registration under that part. adequately protect aircraft executing the proceeding, instituted on our own motion, revised approach procedure. it is proposed to amend 49 CFR 1252.1

No. 189------3 FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 19126 PROPOSED RUIE MAKING and 1252.2 to require that effective with Results under No. 34364. Data collected tated by the separation of such move­ the first quarter of 1972, Class I rail­ under No. 34364 have been released in a ments for rail subsidiaries from those for roads and intercity motor carriers of number of our publications, with time motor carriers generally. property be required to report piggyback series in issues of “Transport Econom­ Our investigation of Piggyback rates, data on the respective forms, PTR-R ics,” and summaries in our “Annual Re­ services, and practices in Ex Parte No. (Rev.) and PTR-M (Rev.) / The proposal ports to Congress.” The data also have 230, “Substituted Service—Piggyback,” would make changes in the data to be been used in a number of our proceed­ 322 ICC 301 (1964), prescribed rules for reported prescribed for such carriers in ings, in court cases, and in our testimony its orderly development. One of these our order in No. 34364, “Piggyback Traf­ before our transmittals to congressional rules, 49 CFR 500.3, required that piggy­ fic Statistics,” entered November 1, 1963, committees. Groups and individuals in­ back, if offered in “open tariff” publica­ and effective for reporting since the first terested in transportation and transpor­ tions of railroads, be made available to quarter of 1964. tation periodicals have made extensive regulated motor and water carriers, com­ Background. The purpose of the re­ use of the data as a reliable series reflect­ mon and contract, and to freight for­ porting plan prescribed in No. 34364 was ing trends in piggyback. warders. Following court litigation, this to make available to the Commission, for Full potential of the data is limited, rule became effective in August 1967. the discharge of its regulatory responsi­ however, by two factors. First, numerous Since that date motor carriers, subject bilities under the Interstate Commerce changes in piggyback practices have oc­ to certain conditions, have been able to Act, economic data on the several plans curred which should be represented in use “ open tariff” piggyback Plans II, of piggyback service as an essentially new the reporting. Second, some carriers have II-1/2, III, and IV. It is known that there and significant development in inter- apparently experienced difficulty in gen­ has been some motor carrier use of Plan modal transportation. Further, Govern­ erating the information necessary to III, but the greatest development has ment agencies interested in transporta­ comply fully with the present reporting been in Plan II-1/2. tion, transportation and other analysts, forms and instructions. These will be To provide for separate reporting of shippers, the academic community, and simplified to a considerable extent by the described traffic in “open tariff” pig­ representatives of the several regulated adjustments in the existing system as gyback, Plan II-1/2 has been added to modes were desirous of gaining some outlined below. the rail form and Plans II, II-1/2, and quantitative measure of piggyback and Extent of revisions. The present pro­ III to the motor carrier form. its possible impact on the modes and the posals are limited to rail and motor car­ rier reporting. We see no need at this Overseas container movements. One shipping public. other arrangement receiving increased The needs indicated above led to con­ time for changes in the forms used by a relatively few water carriers or by the attention, since the 1963 adoption of re­ ferences of our staff with the regulated porting, is the overseas movements of carriers or their representatives and single express .company reporting under the terms of our order. Adjustment in trailers and containers, principally the with other interested and knowledgeable latter. This development, possibly a por­ persons. Following these meetings, where freight forwarder reporting is presently under staff study. tent of widespread intermodal move­ a substantial consensus was reached with ments by domestic as well as internation­ carrier groups, although short of com­ Early versions of the proposed revi­ al carriers, will have a continuing impact plete agreement, we prescribed the No. sions in the forms were circulated by our on the modes of transportation regulated 34364 reporting requirements for rail­ staff to rail and motor carrier associa­ by us and the pajttem of overseas trans­ roads, motor carriers, water carriers, tions and representatives for review and portation. In view of this development freight forwarders, and express com­ comment. Adjustments in the forms and and of the need for reliable information, panies. instructions have been made in line with the proposed revised form for motor car­ An overall purpose of thé reporting was certain of the suggestions of the respec­ riers provides for the reporting of quanti­ to provide means of assessing both modal tive rail and motor carrier groups. tative data on movement of trailers and and intermodal trends in piggyback. Shifts in piggyback plans. Initially, containers to and from steamship piers. Railroads, in a sense the key agency, were with regard to changes in piggyback While many motor carriers do not engage asked to report movements of trailers and practices, attention is directed to signifi­ directly in this traffic, those that do ap­ containers, whether essentially in their cant shifts in the concepts of the several parently have internal record systems own service or as suppliers of underlying plans and in their use by the different from which such data may be compiled. transportation for motor carriers and modes. A principal development, Flan A number of railroads participating in freight forwarders. Water carriers also II-1/2, incorporates the rail-oriented such traffic, however, do not generate were asked to report their movements of rate concept of Plan II, but with the such data in connection with the revenue units between terminals, almost ex­ shipper providing the local movement, at records from which other piggyback data clusively in coastwise or intercoastal either origin or destination, or both, be­ required by the revised form are com­ service, whether for their own account or tween the rail terminal and his shipping piled. For this reason, the revised form under joint rate arrangements with mo­ dock. There are different variations, for railroads makes no provision for data tor carriers. Forwarder, motor carrier, making difficult precise definitions. on these movements. In lieu thereof, our and express company reporting covered Under Plan n - 1 /4 , for example, the rail­ staff is considering a sample plan to ob­ movements of their trailers and contain­ road will pick up or deliver the trailer tain such information from records ers by rail and water carriers. but will not perform both services. In the maintained by participating railroads In general, items reported under No. proposed reporting, Plan n - 1 /4 is not to keep track of such operations. 34364 included the number of piggyback shown separately from, but is included in Changes in requirements and instruc­ trailers and containers, tonnages, reve­ Plan II-1/2. tions. Reference already has been made nues of or payments to line-haul carriers Early reporting under No. 34364 re­ to problems with reporting, principally providing the underlying transportation vealed that certain railroads offering difficulties with interpretations of the service and unit miles between terminals Plan I services were not making such ar­ forms or instructions and in obtaining in such service. The data were requested rangements with motor carriers gen­ data along the lines requested. Steps to in terms of the numbered piggyback erally available. All or very substantial alleviate respondents’ difficulties with Plans, I through V, insofar as they ap­ portions of their Plan I movements were these matters are included in the present plied to the several modes. Movement by in connection with subsidiary motor car­ plan, it was believed, would indicate the riers. This type of traffic represents co­ Certain areas of reporting, objection­ economics of piggyback as they might ordination in the sense of highway and able to the railroads, namely off-line data affect the different types of carriers; ex­ rail movements, but not in the sense of on trailers and containers, as well as perience with reporting has justified this cooperation between railroads and non- piggyback car-miles for each respondent, premise. aflfiliated motor carriers. More adequate would not be reported. With a view to analyses of both coordination and com­ uniformity of requirements in reporting 1 Forms filed as part of the original docu­ petition between rail and motor carriers, by this mode, sections of the proposea m ent. as developed under Plan I, will be facili­ form, relating to traffic originated on a

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 PROPOSED RULE MAKING 19127 respondent’s line, received from other O rder terminal companies, and all class I inter­ lines, and delivered to connecting lines or It is ordered, That, based upon the city motor carriers of property, be, and terminated on line, as the case might be, foregoing explanation and good cause they are hereby, made respondents in are designed to be compatible generally appearing therefor, a proceeding be, and this proceeding. It is further ordered, That, statements with corresponding headings or columns it is hereby, instituted under the author­ on our rail Form QCS, for quarterly re­ ity of Parts I and EE of the Interstate of facts, views, or arguments on the sub­ porting of freight commodity statistics. jects named above, or any other subject Commerce Act, more specifically sections pertaining to this proceeding, which the An additional area of rail reporting has 12, 20, 204, and 220 thereof, 49 U.S.C. 12, been adjusted. Under No. 34364, express respondent class I railroads and class I 20, 304, and 320, and under 5 U.S.C. 553 motor carriers, or other interested per­ and mail traffic were excluded from re­ and 559 (the Administrative Procedure porting because, at that time, virtually all sons desire to offer, consisting of a signed Act) to determine if 49 CFR 1252.1 and original and 15 copies, shall be filed with express and mail moved in passenger 1252.2 shall be amended to require that, train service, while piggyback of either this Commission within 30 days after effective with the first quarter of 1972. date of publication of this notice in the was relatively rare. Further, mail and ex­ Or such other date as may be ordered, F ederal R egister. Written material or press moved under contract arrange­ class I railroads and intercity motor car­ ments, which still appears to be the case, riers of property be required to report suggestions submitted will be available different from rates or charges assessed statistics of their piggyback traffic on for public inspection at the offices of the generally on piggyback. With much of Forms PTR-R (Rev.) and PTR-M Interstate Commerce Commission, 12th this traffic now moving piggyback, we (Rev.), respectively, which are attached Street and Constitution Avenue NW., have information that a number of large to and made a part of this order, as such railroads are including the movements Washington, DC, dining regular business traffic is defined in and conforming to the hours. in their freight traffic accounts and also instructions on the respective forms, or in their piggyback reports to us. In view And it is further ordered, That, a copy of this practice, the proposed rail form such modifications thereof as might be found to be desirable or necessary, in of this order shall be served upon all includes express and mail by piggyback. class I railroads, other than switching or Motor carriers would be relieved from lieu of the Forms PTR-R and PTR-M reporting certain items causing difficulty, now required by the terms of 49 CFR terminal companies, and upon all class I especially revenues accruing to railroads 1252.1 and 1252.2; and to determine what intercity motor carriers of property, under Plan V arrangements. Another other or further action the facts or cir­ named respondents herein, that a copy cumstances may require. problem area is that of trailer or con­ be posted in the Office of the Secretary, tainer movements to and from rail termi­ It is further ordered, That, no oral hearings be scheduled for the receiving Interstate Commerce Commission, Wash­ nals, on local or proportional motor car­ ington, D.C., for public inspection, and rier rates, for rail piggyback beyond. of testimony in this proceeding unless a Some motor carriers have reported such need therefor should later appear, but that a copy be delivered to the Director, traffie as piggyback on Form PTR-M, that respondents or any other interested Office of the Federal Register, for publi­ persons may participate in this proceed­ although such was not the intent of the cation in the F ederal R egister as notice ing by submitting for consideration writ­ accompanying instructions. For the pro­ to all interested persons. posed Form PTR-M (Rev.), instructions ten statements of facts, views, and argu­ have been revised to make it clear that ments on the subjects mentioned above, By the Commission. or any other subjects pertaining to the such movements, without motor carrier proceeding. CsealI R obert L . O s w a l d , responsibility beyond the rail terminal, It is further ordered, That, all class I Secretary. are to be excluded from reporting. railroads, other than switching and fPR Doe.71-14315 Filed 9-28-71:8:48 ami

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 19128 Notices

mediately communicate with the Re­ port privileges for the duration of export DEPARTMENT OF AGRICULTURE gional Director specified below: controls. In 1964, the firm Bomag G.m.b.H. & Co. KG (a limited liability V irgin I slands Consumer and Marketing Service partnership) was organized in which Dr. N. B. Isom, Acting Director, Southeastern POULTRY INSPECTION Bomag G.m.b.H. is the general partner Region for Meat and Poultry Inspection with a 50-percent interest. Hans- Program, Room 216, 1718 Peachtree Street Notice of Intended Designation of NW., Atlanta, GA 30309, Telephone: AC Ekkehard Bob, the sole shareholder in Guam and the Virgin Islands 404/526-3911. Bomag G.m.b.H., and Rudolf Sumpf are G u a m the limited partners in Bomag G.m.b.H. The Secretary of Agriculture has de­ & Co. KG. A determination is hereby termined, after consultation with appro­ Dr. E. M. Christopherson, Director, Western Region for Meat and Poultry Inspection made that Bomag G.m.b.H. & Co. KG is a priate officials of the Territory of Guam Program, Room 822, Appraisers Building, related party to Bomag G.m.b.H. and and the Territory of the Virgin Islands of 630 Sansome Street, San Francisco, CA Rudolf Sumpf. This order is applicable the United States that neither of said 94111, Telephone: AC415/566-:8622. to the respondents named herein and to Territories has developed or activated re­ said related party. quirements at least equal to those under Done at Washington, D.C., on Septem­ Hans-Ekkehard Bob, on behalf of Bo­ sections 1-4, 6-10, and 12-22 of the Poul­ ber 23, 1971. mag G.m.b.H. and Bomag G.m.b.H. & Co. try Products Inspection Act (21 U.S.C. R ichard E . L y n g , Assistant Secretary. KG has applied for relief from the de­ 451 et seq.), with respect to establish­ nial order of September 12,1961. ments within such Territory at which [FR Doc.71-14319 Filed 9-28-71;8:48 am] The evidence presented shows that at poultry are slaughtered, or poultry prod­ the time of the violation on which the ucts are processed for use as human food, order of September 12, 1961, was issued, solely for distribution within such Ter­ Office of the Secretary Carola Schueler was the owner of Bomag ritory. Therefore, notice is hereby given PUERTO RICO G.m.b.H.; in 1965 the said Bob took over that the Secretary of Agriculture will the shares of said Schueler and she has designate said Territories under section Designation of Areas for Emergency not been connected with the above firms 5(c) of the Poultry Products Inspection Loans since 1967; the respondent Carola Gasch Act (21 U.S.C. 454(c) ) as jurisdictions in was primarily responsible for the viola­ which the requirements of sections 1-4, The document dated November 10,1970 tion and she has not been connected 6-10, and 12-22 shall apply to intrater­ (35 F.R. 17677, November 16,1970) stated with said firms since 1963; the only in­ ritorial operations and transactions and that initial emergency loans would not dividual respondent who is now con­ to persons, firms, and corporations en­ be made after June 30,1971, in 54 munic­ nected with either of the above firms is gaged therein with respect to poultry, ipalities in Puerto Rico to victims of Rudolf Sumpf; his responsibility in poultry products, and other articles sub­ the major disaster cited in the document. Bomag G.m.b.H. & Co. KG relates to ject to the Act. Such designations will be The period for making such initial emer­ technical matters. There is nothing in made as soon as necessary arrangements gency loans in such municipalities is the records of the Office of Export Con­ can be made for determining which es­ hereby extended to the end of Novem­ trol to indicate that the above-named tablishments are eligible for Federal in­ ber 15,1971. parties since the issuance of the order of spection, for providing inspection at the Done at Washington, D.C., this 23d September 12, 1961, have violated said eligible establishments, and for otherwise day of September 1971. order or the Export Control Regulations. enforcing the applicable provisions of On consideration of this matter, I have the Federal Act with respect to intra­ A lfred L. E dwards, concluded that the purposes of the Ex­ territorial activities when the designa­ Deputy Assistant Secretary. port Administration Act will be achieved tions are made and become effective. As • [FR Doc.71-14292 Filed 9-28-71;8:47 am] if the export privileges of the parties soon as these arrangements are com­ named herein are restored conditionally pleted, notice of the designations will be and they are placed on probation for published in the F ederal R egister. Upon 3 years. „ the expiration of 30 days after such DEPARTMENT OF COMMERCE Accordingly, it is hereby ordered, That publication, the provisions of sections 1-4, I. The U.S. export privileges of the Bureau of International Commerce 6-10, and 12-22 of said Act shall apply to above-named parties, to wit, Bomag intraterritorial operations and transac­ [Case 296] G.m.b.H., Bomag G.m.b.H. & Co. KG, tions and to persons, firms, and corpora­ Carola Schueler, Carola Gasch, and BOMAG G.m.b.H. ET AL. tions engaged therein, in Guam and the Rudolf Sumpf are hereby restored condi­ Virgin Islands of the United States, to tionally and said parties are placed on the same extent and in the same manner Order Restoring Export Privileges Conditionally and Placing Parties probation for a period of 3 years from as if such operations and transactions the date of this order. were conducted in or for “commerce,” on Probation within the meaning of the Act, and any II. The conditions of probation are In the matter of Bomag G.m.b.EL, 14 that the said parties: (1) Shall fully establishment in Guam or the Virgin Schreiberstrasse, Freiburg (Breisgau), Islands which conducts any slaughtering comply with all of the requirements of Federal Republic of Germany, Bomag the Export Administration Act of 196? of poultry or processing of poultry prod­ G.m.b.H. & Co. KG, Carpla Schueler, ucts as described above must have Fed­ and all regulations, licenses, and orders Carola Gasch, Rudolf Sumpf, 14 Rich- issued thereunder; (2) shall on request eral inspection or cease its operations, ard-Strauss-Strasse, 78 Freiburg (Breis- unless it qualifies for an exemption under of the Office of Export Control, or a rep­ subsection 5(c)(2) or section 15 of the gau), and 3 Stroeherstrasse, Celle, resentative of the U.S. Government act­ Act. Federal Republic of Germany, Case No. ing on its behalf, promptly disclose fully 296. the details of their participation in any Therefore, the operator of each such On September 12, 1961 (27 F.R. 954, and all transactions involving U.S.-ongm establishment who desires to continue or February 1, 1962), an order was issued commodities or technical data, including commence such operations in either of against Bomag G.m.b.H., Carola Schue­ information as to the disposition or in­ said Territories after designation of the ler, Carola Gasch, and Rudolf Sumpf tended disposition of such commodities Territory becomes effective should im­ (Stumpf) respondents, denying U.S. ex­ or technical data, and on such request

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 NOTICES 19129

shall also furnish all records and docu­ The Department of Commerce knows' Manufacturer: Ohara Optical Glass ments relating to such matters. Further, of no similar accessory being manufac­ Manufacturing Co., Ltd., Japan. Intended on such request, said parties shall tured in the United States, which is in­ use of article: The articles will be used promptly disclose the names and ad­ terchangeable with or can be readily with photomultiplier tubes and associated dresses of its shareholders, agents, rep­ adapted to the instrument with which electronics to detect very high energy resentatives, employees, and other per­ the foreign article is intended to be used. electrons and protons which deposit all sons associated with it in trade or their energy in the lead glass. Applica­ commerce. S eth M . B odner, Director, tion received by Commissioner of Cus­ Upon a finding by the Director, Office Office of Import Programs. toms: June 17,1971. of Export Control, or such other official [PR Doc.71-14304 Piled 9-28-71;8:47 am] Docket No. 71-00598-36-46040. Appli­ as may be exercising the duties now cant: New England Deaconess Hospital, exercised by him, that said parties or any 185 Pilgrim Road, Boston, MA 02215. Ar­ of them has failed to comply with any of HARVARD UNIVERSITY ET AL. ticle: Electron microscope, Model EM 9S- the conditions of probation, said official, 2. Manufacturer: Carl Zeiss, West Ger­ with or without prior notice to said Notice of Applications for Duty-Free many. Intended use of article: The article parties, by supplemental order, may re­ Entry of Scientific Articles will be used to supplement morphologic voke the probation of said parties and investigations at the light microscopy deny to said parties all export privileges The following are notices of the re­ level in order to better define various dis­ for such period as said official may deem ceipt of applications for duty-free entry ease processes. The material examined appropriate. Such order shall not pre­ of scientific articles pursuant to section will be primarily from human clinical clude the Bureau of International Com­ 6(c) of the Educational, Scientific, and sources and will supplement an examina­ merce from taking further action for any Cultural Materials Importation Act of tion with the light microscope in some violation as may be warranted. 1966 (Public Law 89-651; 80 Stat. 897). instances. Resident and senior staff Dated: September 23, 1971. Interested persons may present their physicians will be trained in electron views with respect to the question of microscopy with the article. Application R atjer H. M e ye r , whether an instrument or apparatus of received by Commissioner of Customs: Director, equivalent scientific value for the pur­ June 18, 1971. Office of Export Control. poses for which the article is intended [PRDoc.71-14296 Piled 9-28-71;8:47 am] to be used is being manufactured in the Docket No. 71-00600-33-46040. Appli­ United States. Such comments must be cant: University of Wisconsin, 750 Uni­ filed in triplicate with the Director, Spe­ versity Avenue, Madison, WI 53706. Ar­ Office of Import Programs cial Import Programs Division, Office, of ticle: Electron microscope, Model EM 7. Import Programs, Washington, D.C. Manufacturer: AEI Scientific Apparatus, EMORY UNIVERSITY 20230, within 20 calendar days after the Ltd., United Kingdom. Intended use of date on which this notice of application article: The article will be used exclu­ Notice of Decision on Application for sively in biomedical research to extend Duty-Free Entry of Scientific Article is published in the F ederal R egister. Amended regulations issued under the application of electron microscopy, The following is a decision on an ap­ cited Act, as published in the October 14, specifically in three dimensional analysis of complex cell structure; construction of plication for duty-free entry of a scientif­ 1969, issue o f the F ederal R egister, pre­ ic article pursuant to section 6(c) of the scribe the requirements applicable to environmental undehydrated biological Educational, Scientific, and Cultural Ma­ comments. specimens which brings electron micro­ terials Importation Act of 1966 (Public scopic analysis closer to- the living state; A copy of each application is on file, providing decreased interaction of elec­ Law 89-651, 80 Stat. 897) and the regula­ and may be examined during ordinary tions issued thereunder as amended (34 trons with the atoms of the specimen; F.R. 15787 et seq.). Commerce Department business hours at and selected area electron diffraction at the Special Import Programs Division, A copy of the record pertaining to this higher accelerating voltages on smaller Department of Commerce, Washington, structures only a couple hundred decision is available for public review D.C. during ordinary business hours of the Angstrom units in diameter. Application Department of Commerce, at the Office Docket No. 7Î-00596-33-46500. Appli­ received by Commissioner of Customs: of Import Programs, Department of cant: Harvard University, Purchasing June 21, 1971. Commerce, Washington, D.C. Department, 75 Mount Auburn Street, Cambridge, MA 02138. Article: Ultra­ Docket No. 71-00601-01-68495. Appli­ Docket No. 71-00540-00-46040. Appli­ cant: Yale University, Purchasing De­ cant: Emory University, Yerkes Regional microtome, Model Om U2. Manufacturer: partment, 260 Whitney Avenue, New Primate Research Center, 954 Gatewood C. Reichert Optische Werke A.G., Austria. Intended use of article: The article will Haven, CT 06520..Article: He3 pumping Road NE., Atlanta, GA 30322. Article: package. Manufacturer: Alcatel Vacuum Anticontamination device, anode plate, be used to provide thin sections of mate­ Technics, France. Intended use of ar­ screw cap for Wehnelt cylinder and rial to be examined in the electron micro­ ticle: The article will be used to facilitate magnified 1.6X. Manufacturer: Siemens scope in the following investigations: An operation of a polarized proton target in A.G., West Germany. investigation of the polar organization an experiment. In this experiment the of the spindle apparatus in dividing Intended use of article: The article resultant asymmetries in the scattering sperm mother cells of Marsilea vestita; of K + , K mesons and anti protons upon is an accessory for an existing Elmiskop (b) an examination of microtubule fine electron microscope used for research polarized protons will be measured when structure and organization in the spindle the direction of polarization is reversed. mid educational purposes. apparatus of dividing endosperm cells of Comments: No comments have been Application received by Commissioner of Haemanthus; and (c) a quantitative de­ Customs: June 21, 1971. received with respect to this application. termination of the distribution of micro­ Decision: Application approved. No in­ tubules in dividing root tip cells of Allium Docket No. 71-00603-01-10520. Appli­ strument or apparatus of equivalent cepa. The article will also be used as a cant: Transportation Systems Center, scientific value to the foreign article, for teaching instrument by undergraduate Department of Transportation, 55 Broad­ such purposes as this article is intended and graduate students learning the tech­ way, Cambridge, MA 02142. Article: Î? ,,e used, is being manufactured in the nique of thin sectioning. Application re­ Vapor trace analyzer. Manufacturer: Hy- United States. ceived by Commissioner of Customs: dronautics, Israel. Intended use of ar­ Reasons: The application relates to an June 15, 1971. accessory for an instrument that had ticle: The article will be among various een previously imported for the use of Docket No. 71-00597-75-20700. Appli­ existing devices used to detect explosive e applicant institution. The article is cant: Columbia University, Nevius which are to be evaluated for effective­ u fru'uished by the manufacturer Laboratories, Post Office Box 137, 136 ness in an aircraft hijacking deterrence whîu Produced the instrument with South Broadway, Irvington, NY 10533. program. Application received by Com­ men the article is intended to be used. Article: 50 pieces of polished lead glass. missioner of Customs: June 22, 1971.

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 19130 NOTICES

Docket No. 71-00604-33-46070. Appli­ PURDUE UNIVERSITY of Food and Drugs announced the con­ cant: Sloan-Kettering Institute for clusions of the Food and Drug Adminis­ Cancer Research, 425 East 68th Street, Notice of Decision on Application for tration following evaluation of reports New York, NY 10021. Article: Scanning Duty-Free Entry of Scientific Article received from the National Academy of Sciences—National Research Council, electron microscope, S-4. Manufacturer: The following is a decision on an ap­ Cambridge Scientific Instruments Co., Drug Efficacy Study Group on the follow­ plication for duty-free entry of a scien­ ing preparations (containing sodium ar­ Ltd., United Kingdom. Intended use of tific article pursuant to section 6(c) of article: The article will be used to^study the Educational, Scientific, and Cultural sanilate as the designated active drug the surface configuration of cells; the ingredient): Materials Importation Act of 1966 (Pub­ 1. Dr. Mayfield Turkey Tablets; three-dimensional relationship of vari­ lic Law 89-651, 80 Stat. 897) and ous tissues; the relationship of certain NADA (new animal drug application) the regulations issued thereunder as No. 7-903V; Dr. Mayfield Laboratories, micro-organisms such as mycoplasma or amended (34 FJEt. 15787 et seq.). viruses with the cells these organisms 1209 South Main Street, Charles City, A copy of the record pertaining to this Iowa 50616; attach to and enter and the arrangement decision is available for public review and attachment of antigens to cell sur­ 2. Dr. Mayfield Turkey Arsonic Pow­ during ordinary business hours of the der; NADA No. 6-844V; Dr. Mayfield faces. The article will provide instruc­ Department of Commerce, at the Office tional material and information for a Laboratories; of Import Programs, Department of 3. Dr. Mayfield CEC Powder; NADA course in (1) “Microscopy for Cancer Commerce, Washington, D.C. Research” and (2) “Advanced Cytology”. No. 6-844V; Dr. Mayfield Laboratories; Docket No. 71-00146-01-86500. Appli­ 4. Dr. Mayfield Arsonic Powder; Application received by Commissioner of cant: Purdue University, Lafayette, Ind. Customs: June 22,1971. NADA No. 6-844V; Dr. Mayfield 47907. Article: Rheogoniometer, Model Laboratories; Docket No. 71-00605-01-10520. Appli­ R.18. Manufacturer: Sangamo Controls, 5. Dr. Mayfield Arsonic Powder Water cant: Federal Bureau of Investigation, Ltd., United Kingdom. Intended use of Soluble; NADA No. 6-844V; Dr. Mayfield U.S. Department of Justice, Ninth and article: The article will be used to study Laboratories; and Pennsylvania Avenue NW., Washington, the chemical reactions which are me­ 6. Mor-O; NADA No. 6-358V; Hilltop DC 20535. Article: Vapor trace analyzer, chanically induced by high shear applied Laboratories, Inc., 718 Washington Ave­ Model 103A. Manufacturer: Hydros to high molecular weight polymer melts nue North, Minneapolis, Minn. 55109. nautics-Israel, Ltd., Israel. Intended use. and solutions; for research in the ap­ The announcement invited the above of article: The article will be used to plication of integral-type constitutive named holders of said new animal drug study vapors from explosives and in equations to polymer solutions; for applications and any other interested training directed toward development of measurements of drag reduction in the persons to submit pertinent data on the informed operators. Application received turbulent flow of dilute polymer solu­ by Commissioner of Customs: June 22,- drugs’ effectiveness. tions through pipes; and for research on No data were received in response to 1971. several aspects of the technology of the announcement and available infor­ Docket No. 71-00606-33-46040. Appli­ transfusion of blood and other liquids. mation fails to provide substantial evi­ cant: City Hospital Center at Elmhurst, Comments: No comments have been dence of effectiveness of the drugs for 79—01 Broadway, Elmhurst, NY 11373. received with respect to this application. their recommended uses in chickens, Article: Electron microscope, Model Decision: Application approved. No in­ swine, and turkeys. HS-8. Manufacturer: Hitachi, Ltd., strument or apparatus of equivalent sci­ Efficacy data covering the below-listed Japan. Intended use of article: The ar­ entific value to the foreign article, for products have also been reviewed by the ticle will be used to study human and such purposes as this article is intended Administration. These products are simi­ other m am m alian tissues in the course to be used, is being manufactured in the lar in composition to the previously cited of investigation on the mechanisms of United States. products, but efficacy data were not fur­ human disease, including such diseases Reasons: The foreign article has the nished to be reviewed by the Academy as involving basement membrane altera­ capability of measuring normal force as requested in the notice regarding drug tions as chronic renal diseases, alcoholic a function of the rate of shear. The effectiveness which was published in the and other liver injury, pulmonary alter­ capability of the foreign article is perti­ F ederal R egister of July 9,1966 (31 F.R- ations due to atmospheric contaminants, nent to the purposes for which the article 9426), and, therefore, were not evaluated and placental abnormalities. The article is intended to be used. by the Academy. The above-mentioned will also be used for training in pathology. The Department of Commerce knows findings of the Administration regarding drug effectiveness apply equally to the Application received by Commissioner of of no instrument or apparatus, being manufactured in the United States, following products: Customs: June 22,1971. which provides the capability of measur­ 1. Arsanilate Compound; NADA No. Docket No. 71-00607-00-46040. Appli­ ing normal stress as a function of the 8- 994V; Vita Vet Laboratories, Post Of­ cant: University of Washington, Depart­ rate of shear. fice Box 108, Marion, Ind. 46952; S eth M . B odner, 2. Ar-Sol-Vite; NADA No. 8-995V; ment of Mining, Metallurgical and Director, Vrta Vet Laboratories; Ceramic Engineering FB-10, Seattle, Office of Import Programs. 3. Corn King CEC Powder; NADA No. Wash. 98155. Article: Large angle coni- [PR Doc.71-14306 Piled 9-28-71 ;8 :4 7 am] 9- 046V; King Castle, Inc. (formerly Tme ometer stage, ALG-1. Manufacturer: Corn King Co.) Post Office Box 189. JEOLCO, Japan. Intended use of article: Marion, Iowa 52302; and The article will be .used as an accessory 4. Russell’s Korum; NADA No. 6-861V, I. D. Russell Co., Laboratories, 2463 Har­ to an electron microscope to study the DEPARTMENT OF HEALTH, rison Street, Kansas City, Mo. 64108. relationships that exist between the , Therefore, notice is given to the above- structure of metals and alloys and their EDUCATION, AND WELFARE named firms and to any interested pe physical and mechanical properties. Also Food and Drug Administration son who may be adversely affected t the Commissioner proposes to issue the article is to be used with the electron [Docket No. FDC-D-377; NADA microscope in several metallurgical en­ No. 6—358V etc.] order under the provisions of j n_ _ gineering courses. Application received by (e) of the Federal Food, Drug, and cos­ HILLTOP LABORATORIES, INC., ET AL. metic Act (21 U.S.C. 360b(e)) withdraw­ Commissioner of Customs: June 22,1971. ing approval of the new animal drug p Sodium Arsanilate; Notice of S eth M. B odner, plications listed above and all an} Director, Opportunity for Hearing ments and supplements thereto. Tni Office of Import Programs. In the F ederal R egister of July 21, tion is proposed on the grounds _ [PR Doc.71-14305 Piled 9-28-71;8:47 am] 1970 (35 F.R. 11648), the Commissioner there is a lack of substantial evi

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 NOTICES 19131

that the drugs have the effect they pur­ of fact which precludes the withdrawal safe use of cyclohexanone-formaldehyde port or are represented to have under the of approval of the application, the Com­ resins as components of resinous and conditions of use prescribed, recom­ missioner will enter an order stating his polymeric food-contact coatings. mended, or suggested in their labeling. findings and conclusions on such data. In accordance with the provisions of If a hearing is requested and is justified Dated: September 21,1971. section 512 of the act (21 U.S.C. 360b), by the response to this notice, the issues A lbert C. K o l b y e , Jr., the Commissioner will give the appli­ will be defined, a hearing examiner will Acting Director, cants and any interested person who be named, and he shall issue a written Bureau of Foods. would be adversely affected by an order notice of the time and place at which the [PR Doc.71-14321 Piled 9-28-71;8:49 am] withdrawing such approval an oppor­ hearing will commence. The time shall tunity for a hearing at which time such be not more than 90 days after the ex­ persons may produce evidence and argu­ piration of said 30 days Unless the hear­ [Docket No. FDC-D-376; NADA No. 8-880V] ments to show why approval of the ing examiner and the applicant above-named new animal drug applica­ otherwise agree. WEIDNERIT AND tions should not be withdrawn. Promul­ Responses to this notice will be avail­ DR. EDMUND WEIDNER gation of the order will cause any drug able for public inspection in the Office Otrhomin Weidner; Notice of similar in composition to the above-listed of the Hearing Clerk (address given Opportunity for a Hearing drug products and recommended for sim­ above) during regular business hours, ilar conditions of use to be a new animal Monday through Friday. In the F ederal R egister of July 22, drug for which an approved new animal This notice is issued pursuant to pro­ 1970 (35 F.R. 11709, DESI 8-880V), the drug application is not in effect. Any visions of the Federal Food, Drug, and Commissioner of Food and Drugs an­ such drug then on the market would Cosmetic Act (sec. 512, 82 Stat. 343-51; nounced the conclusions of the Food and be subject to appropriate regulatory 21 U.S.C. 360b) and under the authority Drug Administration following evalua­ action. delegated to the Commissioner (21 CFR tion of reports received from the Na­ Within 30 days after publication hereof 2.120). tional Academy of Sciences-National in the F ederal R egister, such persons Research Council, Drug Efficacy Study are required to file with the Hearing Dated: September 20,1971. Group, on (1) Otrhomin Weidner Solu­ Clerk, Department of Health, Education, R . E . D uggan, tion Injectable, (2) Otrhomin Weidner and Welfare, Office of the General Coun­ Acting Associate Commissioner Tablets, and (3) Otrhomin Weidner sel, Room 6-88, 5600 Fishers Lane, Rock­ for Compliance. Powder, NADA (new animal drug appli­ ville, Md. 20852, a written appearance cation) No. 8-880V (products which con­ electing whether: . [PR Doc.71-14276 Piled 9-28-71;8:45 am] tain di-hexamethylene-tetramine thio­ 1. To avail themselves of the oppor­ cyanate ammonium-sulfate and hexa- tunity for a hearing; or LUBRIZOL CORP. methylene tetramine thiocyanate), man­ 2. Not to avail themselves of the op­ ufactured by Weidnerit, Dr. Edmund portunity for a hearing. Notice of Filing of Petition for Food Weidner, 1 Berlin 31, Federal Republic If such persons elect not to avail them­ Additive of Germany, and imported by Dr. selves of the opportunity for a hearing, Stephen Jackson, 4815 Rugby Avenue, the Commissioner without further notice Pursuant to provisions of the Federal Washington, D.C. 20014. will enter a final order withdrawing the Food, Drug, and Cosmetic Act (sec. 409 The announcement invited the holder approval of the new animal d r u g (b)(5), 72 Stat. 1786; 21 U,S.C. 348(b) of said new animal drug application and applications. (5)), notice is given that a petition (FAP any other interested persons to submit Failure of such persons to file a writ­ 2B2722) has been filed by Lubrizol Corp., pertinent data on the drugs’ effectiveness. ten appearance of election within said Post Office Box 3057, Cleveland, Ohio The data received in response to the 30 days will be construed as an election 44117, proposing that § 121.2526 Com­ announcement are inadequate and avail­ by such persons not to avail themselves ponents of paper and paperboard in con­ able information fails to provide Sub­ of the opportunity for a hearing. tact with aqueous and fatty foods (21 stantial evidence that the preparations The hearing contemplated by this no­ CFR 121.2526) be amended to provide are effective as bactericidal and antial­ tice will be open to the public except for the safe use of the reaction product lergic agents against uterine infections that any portion of the hearing that of N-(l,l-dimethyl-3-oxobutyl) acryl­ and mastitis in cows, and for treatment concerns a method or process which the amide and formaldehyde as a compo­ of other infections in cattle, horses, Commissioner finds is entitled to pro­ nent of vinyl latex coatings for paper and swine, dogs, and cats. tection as a trade secret will not be open paperboard intended for food-contact Therefore, notice is given to the above to the public, unless the respondent spec­ use. named firm and to any interested person ifies otherwise in his appearance. Dated: September 21,1971. who may be adversely affected that the If such persons elect to avail them­ Commissioner proposes to issue an order selves of the opportunity for a hearing, A lbert C. K o l b y e , Jr., under the provisions of section 512(e) of they must file a written appearance re­ Acting Director, the Federal Food, Drug, and Cosmetic questing the hearing and giving the rea­ Bureau of Foods. Act (21 U.S.C. 360b(e)) withdrawing ap­ sons why approval of the new animal [PR Doc.71-14320 Piled 9-28-71;8:48 am] proval of NADA 8-880V and all amend­ orug application should not be with­ ments and supplements thereto held by drawn together with a well-organized said firm for the listed drug products on and full-factual analysis of the clinical MOHAWK INDUSTRIES, INC. the grounds that: and other investigational data they are Notice of Filing of Petition for Food Information before the Commissioner Prepared to prove in support of their with respect to the drug was evaluated opposition to this notice. A request for Additives together with the evidence available to a hearing may not rest upon mere allega- Pursuant to provisions of the Federal him when the application was approved. ,®ns or denials, but must set forth spe­ Food, Drug, and Cosmetic Act (sec. 409 These data do not provide substantial cific facts showing that there is a genuine (b)(5), 72 Stat. 1786; 21 U.S.C. 348(b) evidence that the drug has the effect it and substantial issue of fact that re­ (5)), notice is given that a petition (FAP purports or is represented to have under quires a hearing. When it clearly 6B1936) has been filed by Mohawk In­ the conditions of use prescribed, recom­ ppears from the data in the application dustries, Inc., 44 Station Road, Sparta, mended, or suggested in the labeling. and from the reasons and factual analy­ N.J. 07871, proposing that § 121.2514 Res­ In accordance with the provisions of sis m the request for the hearing that inous and polymeric coatings (21 CFR section 512 of the act (21 U.S.C. 360b), nere is no genuine and substantial issue 121.2514) be amended to provide for the the Commissioner will give the applicant

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 19132 NOTICES

and any interested person who would be 90 days after the expiration of said 30 [Docket No. 50-397] ’ adversely affected by an order withdraw­ days unless the hearing examiner and the WASHINGTON PUBLIC POWER ing such approval an opportunity for a applicant otherwise agree. hearing at which time such persons may Responses to this notice will be avail­ SUPPLY SYSTEM produce evidence and arguments to show able for public inspection in the Office of Notice of Receipt of Application for why approval of the above named new the Hearing Clerk (address given above) Construction Permit and Facility animal drug application should not be during regular business hours, Monday withdrawn. Promulgation of the order through Friday. License; Time for Submission of will cause any drug similar in composi­ This notice is issued pursuant to pro­ Views on Antitrust Matters tion to the above listed drug products visions of the Federal Food, Drug, and Washington Public Power Supply Sys­ and recommended for similar conditions Cosmetic Act (sec. 512, 82 Stat. 343-51; tem, 130 Vista Way, Kennewick, WA of use to be new animal drugs for which 21 U.S.C. 360b) and under the authority 99336, pursuant to section 103 of the an approved new animal drug applica­ delegated to the Commissioner (21 CFR Atomic Energy Act of 1954, as amended, tion is not in effect. Any such drug then 2.120). has filed an application dated August 10, on the market would be subject to regu­ Dated: September 20,1971. 1971, for authorization to construct and latory proceedings. operate a single-cycle, forced circula­ Within 30 days after publication R . E . D uggan, tion, boiling water nuclear reactor on a hereof in the F ederal R egister, such . Acting Associate Commissioner site leased from the U.S. Atomic Energy persons are required to file with the for Compliance. Commission and located within the Com­ Hearing Clerk, Department of Health, [FR Doc.71-14277 Filed 9-28-71;8:45 am] mission’s Hanford reservation in Benton Education, and Welfare, Office of the County, Wash. The proposed site, which General Counsel, Room 6-88, 5600 Fish­ is 3 miles from the Columbia River, is ers Lane, Rockville, Md. 20852, a written about 12 miles north of the city of Rich­ appearance electing whether: ATOMIC ENERGY COMMISSION land, Wash., and is approximately 21 1. To avail themselves of the oppor­ [Dockets Nos. 50-398, 50-399] miles northwest of Kennewick and 18 tunity for a hearing; or miles northwest of Pasco. 2. Not to avail themselves of the oppor­ PACIFIC GAS AND ELECTRIC CO. The proposed nuclear reactor, desig­ tunity for a hearing. Notice of Receipt of Application for nated by the applicant as Hanford No. 2, is designed for operation at approxi­ If such persons elect not to avail them­ Construction Permits and Facility selves of the opportunity for a hearing, mately 3,323 megawatts (thermal) with the Commissioner without further notice Licenses; Time for Submission of a net electrical output of approximately will enter a final order withdrawing the Views on Antitrust Matter 1,110 megawatts. approval of the new animal drug ap­ Pacific Gas and Electric Co., 77 Beale Any person who wishes to have his plications. Street, San Francisco, CA 94106, pursu­ views on the antitrust aspects of the ap­ Failure of such persons to file a written ant to section 103 of the Atomic Energy plication presented to the Attorney Gen­ appearance of election within said 30 Act of 1954, as amended, has filed an ap­ eral for consideration shall submit such days will be construed as an election by plication dated August 19, 1971, for au­ views to the Commission within 60 days such persons not to avail themselves of thorization to construct and operate two after September 22,1971. the opportunity for a hearing. single-cycle, forced circulation, boiling A copy of the application is available The hearing contemplated by this water nuclear reactors on a 409-acre site for public inspection at the Commis­ notice will be open to the public except located on the Pacific Ocean, adjacent sion’s Public Document Room, 1717 H that any portion of the hearing that con­ to the city of Point Arena in Mendocino Street NW., Washington, DC, and a copy cerns a method or process which the County, Calif. The proposed site is lo­ has been sent to the Richland Public Commissioner finds is entitled to protec­ cated midway between San Francisco Library, Swift and Northgate Streets, tion as a trade secret will not be open to and Eureka. Richland, WA 99352. the'public, unless the respondent specifies The proposed facilities are designated Dated at Bethesda, Md., this 13th day otherwise in his appearapce. by the applicant as the Mendocino Power of September 1971. Plant Units 1 and 2. Each reactor, is de­ If such persons elect to avail themselves For the Atomic Energy Commission. of the opportunity for a hearing, they signed for initial operation at approxi­ must file a written appearance request­ mately 3,323 megawatts (thermal) with F r ank S chroeder, ing the hearing and giving the reasons a gross electrical output of approximately Deputy Director, why approval of the new animal drug ap­ 1,168 megawatts. Division of Reactor Licensing. plication should not be withdrawn to­ Any person who wishes to have his [FR D«c.71—13792 Filed 9-21-71;8:45 am] gether with a well-organized and full- views on the antitrust aspects of the ap­ factual analysis of the clinical and other plication presented to the Attorney Gen­ investigational data they are prepared to eral for consideration shall submit such prove in support of their opposition to views to the Commission within 60 days this notice. A request for a hearing may after September 22,1971. ENVIRONMENTAL PROTECTION not rest upon mere allegations or denials, A copy of the application is available but must set forth specific facts showing for public inspection at the Commission’s AGENCY that there is a genuine and substantial is­ Public Document Room, 1717 H Street POLLUTION CONTROL FACILITIES sue of fact that requires a hearing. When NW„ Washington, DC 20545, and at the it clearly appears from the data in the Public Information Office in the Com­ Guidelines for Certification application and from the reasons and mission’s San Francisco Office at 2111 On May 26, 1971, the Environmental factual analysis in the request for the Bancroft Way, Berkeley, CA 94704. A Protection Agency published final regu­ hearing that there is no genuine and sub­ copy has also been sent to the Men­ lations in the F ederal R egister (36 F.R. stantial issue of fact which precludes the docino County Library, 108 West Clay 9509) pursuant to section 169 of the In­ withdrawal of approval of the applica­ Street, Ukiah, CA 95482. ternal Revenue Code of 1954, added by tion, the Commissioner will enter an section 704 of the Tax Reform Act oi order stating his findings and conclusions Dated at Bethesda, Md., this 14th day of September 1971. 1969, Public Law 91-172. The EPA regu­ on such data. If a hearing is requested lations are complementary to final regu- and is justified by the response to this For the Atomic Energy Commission. lations issued under section 169 by th notice, the issues will be defined, a hear­ F rank S chroeder, Treasury Department, published o ing examiner will be named and he shall May 18, 1971 (36 F.R. 9010). issue a written notice of the time and Deputy Director, place at which the hearing will com­ Division of Reactor Licensing. The 10 Regional Offices of E P A w ill be mence. The time shall be not more than [FR Doc.71-13793 Filed 9-21-71;8:45 am] primarily responsible for administration

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 NOTICES 19133 of the certification procedures. In order (11) Floating roofs for storage tanks. ately preceding the point of such treatment (12) Combinations of the above. to a point of disposal to, and acceptance by, to insure that similar applications for (b) Air pollution control facility boun­a municipal waste treatment faciUty for final certification receive similar treatment in daries. Most facilities are systems consisting treatment, including the necessary pumping different regional offices, the interpreta­ of several parts. The facility need not start and transmitting facilities. tive guidelines printed below are being at the point where the gaseous effluent leaves (2) Treatment facilities such as those issued to the regional offices and are pub­ the last unit of processing equipment, nor which neutralize or stabilize industrial and/ or sanitary waste, in compliance with estab­ lished in the F ederal R egister for the will it in all cases extend to the point where information of affected members of the the effluent is emitted to the atmosphere or lished Federal, State, and local effluent or existing stack, breeching, ductwork or vent. water quality standards, from a- point im­ public. It includes all the auxiliary equipment used mediately preceding the point of such Dated: September 23, 1971. to operate the control system, such as fans, treatment to a point of disposal, including blowers, ductwork, valves, dampers, electrical the necessary ju m p in g and transmitting W il l ia m D . R u c k e lsh a u s, equipment, etc. It also includes all equip­ facilities. Administrator, Environmental ment used to handle, store, transport, or dis­ (3) Ancillary devices and facilities such as Protection Agency. pose of the collected pollutant material. lagoons, ponds, and structures for the stor­ c . Examples of eligibility limits. The age and/or treatment of wastewaters or G uidelines amortization deduction is limited to any waste from a plant or other property. 1. General. new identifiable treatment facility which (4) Devices, equipment, or facilities con­ 2. Air pollution control facilities. removes, alters, disposes of, Or stores con­ structed or installed for the primary purpose a. Pollution control or treatment facilities taminants or wastes. It is not available for of recovering a byproduct of the operation normally eligible for certification. all expenditures for air pollution control and (saleable or otherwise), previously lost either b. Air pollution control facility bound­ is limited to devices which actually remove, to the atmosphere or to the waste effluent. aries. alter, destroy, dispose of or store air Examples are: c. Examples of eligibility limits. (a) A facility to concentrate and recover d. Replacement of manufacturing process pollutants. (1) Boiler modifications or replacements. vaporous byproducts from a process stream by another nonpolluting process. Modifications of boilers to accommodate for reuse as raw feedstock or for resale, un­ 3. Water pollution control facilities. “cleaner” fuels are not eligible for amortiza­ less the estimated profits from resale exceed a. Pollution control or treatment facili­ tion: e.g., removal of stokers from a coal- the cost of the facility. See paragraph 8, ties normally eligible for certification. fired bailer and the addition of gas or oil below. b. Examples of eligibility limits. burners. The purpose of the burners is to (b) A facility to concentrate and/or re­ 4. Multiple-purpose facilities. produce heat, and they do not qualify as air move “gunk” or similar type “tars” or polym­ 5. Facilities serving both old and new pollution control facilities. A new gas or oil erized tar-like materials from the process plants. fired boiler that replaced a coal-fired boiler waste effluent previously discharged in the 6. State certification. would also be ineligible for certification. plant effluents. 7. Dispersal of pollutants. (2) Fuel processing. Eligible air pollution (c) A device used to extract or remove a 8. Profit-making facilities. control facilities do not include preprocess­ soluble constituent from a solid or liquid by 9. Multiple applications. ing equipment which removes potential air use of a selective solvent; an open or closed G uidelines pollutants from fuels prior to their combus­ tank or vessel in which such extraction or tion. Thus, a desulfurization facility would removal occurs; a diffusion battery of tanks 1. General. Section 704 of the Tax Reform not be eligible, irrespective of whether it is pr vessels for countercurrent decantation, Act of 1969 (Public Law 91-172, December 30, installed at the plant where the desulfurized extraction, or leaching, etc. 1969), added a new section 169, “Amortiza­ coal is burned. (d) A skimmer or similar device for the tion of Pollution Control Facilities”, to the (3) Incinerators. The addition of an after­ removal of greases, oils and fat-like m a­ Internal Revenue Code. The new section burner, secondary combustion chamber or terials from an effluent stream. provides for the amortization of the cost of particulate collector would be eligible. b. Examples of eligibility limits. (1) In - certified pollution control facilities over a (4) Collection devices used to collect prod­ plant process changes which may prevent sixty-month period, if certain conditions are uct or process material. In some manufac­ the production of pollutants, contaminants, met. turing operations, collection devices are used wastes, or heat, but which by themselves The Act defines a “certified pollution con­ to collect product or process material, as cannot be said to remove, alter, dispose of, or trol facility” as a "new identifiable treat­ in the case of the manufacture of carbon store pollutants, contaminants, wastes, or ment facility” which is: black. The baghouse would be eligible for heat, will not be considered eligible for cer­ (a) Used in connection with a plant or certification, but the certification would alert tification as a water pollution control other property in operation before January 1, the Treasury Department of the profitable facility. 1969, to abate or control pollution by remov­ waste recovery involved. See paragraph 8, (2) Any device, equipment and/or facility ing, altering, disposing of, or storing pollu­ below. which is associated with or included in a dis­ tants, oontaminants, wastes or heat; posal system for »subsurface injection of un­ d. Replacement of manufacturing process (b) Constructed, reconstructed, erected or treated or inadequately treated industrial or (if purchased) first placed in service by the by another nonpolluting process. An installa­ sanitary waste waters or effluent containing taxpayer after December 31, 1968; tion will not qualify for certification where pollutants, contaminants or wastes will not (c) Placed in service before January 1, it utilizes a process known to be “cleaner” be eligible. 1975; and than an alternative, but where it does not 4. Multiple-purpose facilities. As the regu­ (d) Certified by both State and Federal actually remove, alter or dispose of pollution; lations make clear, a facility can qualify for authorities, as provided in section 169(d) (1) as, for example, a minimally polluting elec­ favorable tax treatment if it serves a func­ (A) and (B ). tric induction furnace to melt cast iron which tion other than the abatement of pollution If the facility is a building, moreover, the replaces, or is installed instead of, a heavily (unless it is a building). Otherwise, the ef­ statute requires that it be exclusively devoted polluting iron cupola furnace. However, if fect might have been to discourage installa­ to pollution control. Most questions as to the replacement equipment has an air pollu­ tion of sensible pollution abatement facili­ whether a facility is a “building”, and, if so, tion control device added to it, the control ties in favor of less efficient single-function whether it is “exclusively” devoted to pollu­ device would be eligible while the process facilities which qualified for the deduction. tion control are resolved by § 1.169-2(b) (2) device would not. For example, in the case Accordingly, EPA must decide what per­ of the Treasury Department regulations. where a primary copper smelting reverbera­ centage of a given facility’s cost is properly 2. Air pollution control facilities— a. Pollu­ tory furnace is replaced by a flash smelting allocable to its abatement function. The tion control or treatment facilities normally furnace, followed by the installation of a regulations require the applying taxpayer eligible for certification. The following contact sulfuric acid plant, the contact sul­ to make such an allocation in his applica­ devices may constitute such facilities for the furic acid plant would qualify (since it is tion, and to justify his grounds therefor. The removal, alteration, disposal or storage of a control device not necessary to the proc­ regional offices will review those allocations. air pollution: ess) , while the flash smelting furnace would Although not generally necessary or desir­ (1) Inertial separators (cyclones, etc.). not qualify, as its purpose is to produce cop­ able for the purpose of such review, on-site (2) Wet collection devices (scrubbers). per matte. inspections may be appropriate in cases in­ (3) Electrostatic precipitators. 3. Water Pollution Control Facilities.— volving large sums of money and/or unusual (4) Cloth filter collectors (baghouses). a. Pollution control or treatment facilities types of equipment. (5) Direct fired afterburners. normally eligible for certification. The follow­ 5. Facilities serving both old and new (6) Catalytic afterburners. ing types of equipment may constitute such plants. As noted above, the statute requires facilities for the removal, alteration, disposal (7) Gas absorption equipment. that a pollution control facility must be or storage of water pollution: used in connection with a plant or other (8) Gas adsorption equipment. (1) Pretreatment facilities such as thoseproperty that was in operation prior to Jan­ (9) Vapor condensers. which neutralize or stabilize industrial uary 1, 1969. When a facility is used in con­ (10) Vapor recovery systems. and/or sanitary waste, from a point immedi­ nection with pre-1969 properties as well as

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 N o. 189- 19134 NOTICES

in connection with newer ones, it may qualify ment. A cooling tower will be eligible for for the rapid amortization to the extent it is certification, therefore ^provided it is used in used in connection with pre-1969 facilities. connection with a pre-1969 plant, as will a FEDERAL POWER COMMISSION Again, the taxpayer will submit his theory cooling pond, or an addition to an outfall [Docket No. E-7644] of the allocation of the cost of the facility structure, the result of which is to lessen the as between old and new plants or properties, amount by which the temperature of the PUBLIC SERVICE COMPANY OF and the regional offices will review that allo­ receiving stream is elevated, and which meets INDIANA, INC., ET AL. cation. Such an allocation will result in a applicable State standards. percentage. The most appropriate method of 8. Profit-making facilities. The statute de­ Notice of Proposed Rate Schedule making such an allocation is to compare the nies favorable tax treatment to facilities the effluent capacity of the pre-1969 plant to the cost of which will be recovered from profits Changes treatment capacity of the control facility. derived through the recovery of waste, “or S eptember 20, 1971. For example, if the old plant has a capacity otherwise.” of 80 units of effluent (but an average output If an abatement facility recovers market­ Take notice that on June 28, 1971, of 60 units), the new plant has a capacity of able wastes, estimated profits on which are Public Service Company of Indiana (ap­ 40 units (but an average output of 20 u n its), not sufficient to recover the entire cost of plicant) filed rate schedule changes and the control facility a capacity of 150 the facility, the amortizable basis of the amending interconnection agreements units, then 80/150 of the cost of the control facility will be reduced in accordance with between applicant and Cincinnati Gas facility would be eligible for rapid Treasury Department regulations. The re­ and Electric Co. (Cincinnati) and South­ amortization. sponsibility of the regional offices will be to ern Indiana Gas and Electric Co. Should a taxpayer present a seemingly rea­ identify for the Treasury Department’s bene­ sonable method of allocation different from fit those cases in which estimated profits will (SIGECO). the foregoing, Regional Office personnel are in fact arise; their amount, and the extent The interconnection agreement with invited to consult with the Office of Water to which they can be expected to result in regard to applicant and Cincinnati is Programs or the Air Programs Office, which­ cost recovery, will be determined by the designated rate schedule FPC No. 218 ever is appropriate, and with the Office of Treasury Department. Accordingly, the re­ and the amendatory agreement is des­ the General Counsel. sponsibility of the regional offices is, for all ignated modification No. 1. 6. State certification. In order to qualify practical purposes, to notify, the Treasury for rapid amortization under section 169, a Department when marketable byproducts Modification No. 1 substitutes for rate facility must first be certified by the State are recovered by the facility. Such noti­ schedule E (short-term power) as at­ as being installed “in conformity with the fication will be included in EPA’s form of tached to and made a part of the inter­ State program or requirements for abate­ certification. connection agreement an amended rate ment or control of water or atmospheric The phrase “or otherwise” also encom­ schedule E (short-term power). The pollution or contamination.” Significantly, passes situations where the taxpayer is in primary difference between the super­ the statute does not say that installation of a the business of renting his facility for a fee. seded schedule and the new one is an facility must be required by a State. Ac­ In such a case, the facility may theoretically cordingly, assuming that use of a facility will qualify for certification by EPA,-the decision increase in the demand charge for short­ not contravene any applicable State require­ as to the extent of its profitability being term power from $0.30 per week per kilo­ ments, it will be eligible for accelerated left to the Treasury Department. Situations watt of billing demand to $0.40 per week depreciation. One example would be a facil­ may also arise where use of a facility is per kilowatt of billing demand. In addi­ ity installed in order to comply with regula­ furnished at no additional charge to a num­ tion, changes have been made in the tions of the Atomic Energy Commission on ber of users, or to the public, as part of a method of procuring weekly schedules, emissions of radioactive particulates. The package of other services. In such a case, no both as to reservations of less than a same result would obtain in cases where the profits will be deemed to arise from opera­ week and as to reductions of short-term certifying State had not yet adopted an im­ tion of the facility unless the other services power upon request of the supplying plementation plan under the Clean Air Act included in the package are merely ancillary to meet national ambient air quality to use of the facility. party. Other language changes have standards. It should be noted that § 602.9 of the EPA been made in the interest of clarifica­ It is contemplated that the facts contained regulations is not meant to affect general tion and improved expression of actual in the taxpayer’s application, plus the cer­ principles of Federal income tax law. An operating conditions and procedures as tification from the State agency, will form individual other than the title holder of a developed through experience. the basis for EPA certification. By heavily piece of property may be entitled to take The interconnection agreement with relying on the State’s certification, the ad­ depreciation deductions on it, if the arrange­ regard to applicant and SIGECO is des­ ministrative task of the regional offices can ments by which he has use of the property and should be minimized. It is not contem­ may, for all practical purposes, be viewed as ignated rate schedule FPC No. 207 and plated that on-site inspection will be neces­ a purchase. In any such case, the facility the amendatory agreement is designated sary or desirable in the majority of cases. could qualify for full rapid amortization, Third Supplemental Agreement. Exceptions to the foregoing must of course notwithstanding that the title holder charges The Third Supplemental Agreement depend on the exercise of sound judgment a separate fee for the use of the facility, as substitutes for rate schedule D (short­ by Regional Office personnel. long as the taxpayer— in such a case, the user— does not himself charge a separate fee term power) as attached to and made a Of obvious relevance to the exercise of such for the use of the facility. part of the interconnection agreement judgment would be: The volume and toxicity an amended rate schedule D (short-term of the discharge sought to be controlled by 9. Multiple applications. Under EPA reg­ the facility in question; the amount of ulations, a multiple application may be power). The primary difference between money at stake; and experience on the basis submitted by a taxpayer who applies for the superseded schedule and the new one of which it may be said that the certifying certification of substantially identical pol­ is an increase in the demand charge for State agency is in fact ignoring obvious lution abatement facilities used in connec­ short-term power from $0.30 per week violations of applicable water or air quality tion with substantially identical properties. per kilowatt of billing demand to $0.40 standards. It is not contemplated that use of the mul­ per week per kilowatt of billing demand. tiple application option will be used with re­ It should be noted that certification of a In addition changes have been made in spect to facilities in different States, since facility does not constitute the personal war­ the method of procuring weekly sched­ ranty of the certifying official that the condi­ each such facility would require separate applications for certification from the dif­ ules, both as to reservations of less than tions of the statute have been met; as is the a week and as to reductions of short­ case with a ruling from the Internal Revenue ferent States involved. EPA regulations also Service itself, EPA certification is only bind­ permit an applicant to incorporate by ref­ term power upon request of the supply­ ing on the Government to the extent the erence in an application material contained ing party. Other language changes have submitted facts are accurate and complete. in an application previously filed. The pur­ been made in the interest of clarification pose of the provision for incorporation by and improved expression of actual op­ 7. Dispersal of pollutants. Section 169 ap­ reference is to avoid the burden of furnish­ plies to facilities which remove, alter, dis­ erating conditions and procedures as de­ ing detailed information (which may in pose of, or store pollutants— Including heat. some instances include portions of catalogs veloped through experience. As the legislative history of the section makes or process flow diagrams) which the certi­ Applicant states that the proposed clear, a facility which merely disperses pol­ fying official has previously received. Accord­ changes in both agreements were the lutants cannot qualify. It is not felt, how­ ingly, material filed with a Regional Office result of negotiation and discussion be­ ever, that the legislative intent to disqualify of EPA may be incorporated by reference facilities which only disperse pollution is tween the parties to each agreement and only in an application subsequently filed applicable to facilities which dissipate heat; reflect a desire of the parties to attain with the same regional office. there is no way to "dispose of” heat other optimum benefit from the interconnec­ than by transferring B.t.u.’s to the environ­ [FR Doc.71-14267 Filed 9-28-71;8:45 am] tion of their system. The parties to each

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 NOTICES 19135 agreement agree that the demand charge to the jurisdiction conferred upon the Docket Date Name of applicant of $0.30 per kilowatt does not provide Federal Power Commission by sections 7 No. filed adequate compensation of present and and 15 of the Natural Gas Act and the anticipated future costs. Commission’s rules of practice and pro­ CS72-207__ 9- 7-71 J. J. Weigel, 1502 First Ave., cedure, a hearing will be held without Dodge City, KS 67801. Applicant requests waivers of notice CS72-208__ 9- 7-71 Mr. Warren W. Spikes, Profes­ requirements in accordance with § 35.11 further notice before the Commission on sional Bldg., Post Office Box of the Commission’s regulations to permit 795, Hugoton, KS 67951. all applications in which no petition to CS72-209... 9- 7-71 Kathrine B. Palmer et al., both agreements to be effective as of intervene is filed within the time required Box 245, Shamrock T X 79079. July 1, 1971. CS72T210... 9- 7-71 Howard H. Sidwell, 722 Midland herein if the Commission on its own re­ Savings Bldg., Denver, Colo. Any person desiring to be heard or to 80202 make any protest with any reference to view of the matter believes that a grant C872-211__ 9- 7-71 Donald W. Sidwell et al., 525 Midland Savings Bldg., said application should on or before of the certificates is required by the pub­ Denver, Colo. 80202. October 4, 1971, file with the Federal lic convenience and necessity. Where a CS72-212__ 9- 7-71 Mrs. Mildred McCutchen, 219 Power Commission, Washington, D.C. East J St., Ontario, CA 91762. petition for leave to intervene is timely CS72-213... 9- 7-71 Nemours Corp., 1203 Mid South 20426, petitions to intervene or protest in filed, or where the Commission on its Towers. Shreveport, La. 71101. accordance with the requirements of the C 872-214.. 9- 7-71 William F. Stevens, 1141 First own motion believes that a formal hear­ National Bank Bldg., Denver, Commission, rules and practice and v Colo. 80202. procedure. (18 CFR 1.8 or 1.10). All pro­ ing is required, further notice of such CS72-215-. 9- 7-71 Apache Corp., Post Office Box tests filed with the Commission will be 2299, Tulsa, OK 74101. hearing will be duly given. CS72-216-. 9- 8-71 Chas. A. Neal & Co., Box 269, considered by it in determining the ap­ Under the procedure herein provided Miami, OK 74354. propriate action to be taken but will not CS72-217.. 9- 9-71 Tribal Oil Co., Post Office Box for, unless otherwise advised, it will be 52343, Lafayette, LA 70501. serve to make the protestants parties to CS72-218.. 9- 9-71 J. Malcolm Shelton, 5th Floor, the proceeding. Persons wishing to be­ unnecessary for applicants to appear or Amarillo Bldg., Amarillo', be represented at the hearing. Tex. 79101. come parties or to participate as a party CS72-219... 9- 9-71 American Petroleum & Mineral in any hearing therein must file petitions K e n n e t h F. P l u m b , Co., Inc., 402 Bank of the to intervene in accordance with the Com­ Southwest, Amarillo, Tex. Secretary. 79109. mission’s rules. The application is on file CS72-220... 9- 9-71 Presidio Exploration, Inc., 1900 with the Commission and available for Avenue of the Stars. Suite Docket Date Name of applicant 1945, Los Angeles, CA 90067. public inspection. No. filed CS72-221... 9- 9-71 Wilhelmina duP. Ross, 1203 Mid South Towers, Shreveport, K e n n e t h F . P l u m b , La. 71101. Secretary. CS72-184... 8- 30-71 L. E. Windham, Box 501, CS72-222... 9- 9-71 John J. Nolan, 234 Sheridan Rankin, T X 79778. Road, Kenilworth, IL 60043. [PR Doc.71-14271 Filed 9-28-7l;8:45 am] CS72-185... 9- 1-71 White Shield Oil & Gas Corp. (Operator) et al., Post Office Box 2139. Tulsa, OK 74101. [FR Doc.71-14270 Filed 9-28-71;8:45 am] CS72-186__ 9- 1-71 Sondau Oil & Gas Co., Ine. [Dockets Nos. CS72-184 etc.] (Operator) et al., 226 Loehinvar, Wichita, KS 67207. L. E. WINDHAM ET AL. CS72-187... 8-20-71 Sklar & Phillips Oil Co., Post Office Box 3735, Shreve­ Notice of Applications for “Small port, LA 71103. CS72d.88.„_ 8- 26-71 Howard E. Sutton, Post FEDERAL RESERVE SYSTEM Producer’’ Certificates 1 Office Box 639, Oil City, LA 71061. BANKS OF IOWA, INC. S eptember 21,1971. CS72-189.. 9- 2-71 Mrs. Tom J. Moffitt et al., Post Office Box 1574, Order Approving Acquisition of Bank Take notice that each of the appli­ Shreveport, LA 71165; cants listed herein has filed an applica­ CS72-190.. 9- 2-71 Donald B. Andersoil, Post Stock by Bank Holding Company Office Box 1000, Roswell, NM tion pursuant to section 7(c) of the 88201. In the matter of the application of Natural Gas Act and § 157.40 of the regu­ CS72-191.. 9- 2-71 Robert L. Nolan, 1256 Board Banks of Iowa, Inc., Cedar Rapids, Iowa, of Trade Bldg., 141 West lations thereunder for a “small producer” Jackson Blvd., Chicago, IL for approval of acquisition of 80 percent certificate of public convenience and 60604. or more of the voting shares of Union CS72-192.. 9- 2-71 True Oil Co., Post Office necessity authorizing the sale for resale Drawer 2360, Casper, WY Bank and Trust Co., Ottumwa, Iowa. - and delivery of natural gas in interstate 82601. There has come before the Board of commerce, all as more fully set forth in CS72-193.. 9- 3-71 Fred L. Oliver, Post Office Box 297, Dallas, T X 75221; Governors, pursuant to section 3(a)(3) the applications which are oh file with CS72-194... 9- 2-71 Clay J. Calhoun, Post Office of the Bank Holding Company Act of the Commission and open to public Box 5216, New Orleans, LA 70114. 1956 (12 U.S.C. 1842(a)(3)) and § 222.3 inspection. CS72-195... 9- 3-71 Ruth Phillips Bisiker, c/o (a) of Federal Reserve Regulation Y (12 Any person desiring to be heard or to Edward H. Forgotson, Suite CFR 222.3 (a )), an application by Banks 1300, 1407 Main St., Dallas, Make any protest with reference to said T X 75202. of Iowa, Inc., Cedar Rapids, Iowa, for the applications should on or before Octo­ CS72-196... 9-3-71 Grampian Co., Ltd., c/o Edward Board’s prior approval of the acquisition H. Forgotson, Suite 1300, ber 15, 1971, file with the Federal Power 1407 Main St., Dallas, T X 76202. of 80 percent or more of the voting shares Commission, Washington, D.C. 20426, CS72-197... 9- 3-71 C. R. Walbert, 2821 First of Union Bank and Trust Co., Ottumwa, National Center, Oklahoma petitions to intervene or protests in ac­ City, OK 73102. Iowa (Bank). cordance with the requirements of the CS72-198__ 9- 3-71 Mackellar Inc., et al., 3545 As required by section 3(b) of the Act, Commission’s rules of practice and pro­ Northwest 58, Oklahoma City, OK 73112. the Board gave written notice of receipt cedure (18 CFR 1.8 or 1.10). All protests CS72-199... 9- 3-71 J. E. Stack, Jr., Post Office of the application to the Department of filed with the Commission will be con­ Box 1023, Meridian, MS 39301. CS72-200... 9- 3-71 Rober G. Shaw, Post Office Banking of the State of Iowa and re­ sidered by it in determining the appro­ Drawer 2072, Longview, T X quested its views and recommendation. priate action to be taken but will not 75601. C872-201... 9- 7-71 Southwood Exploration Co. The Superintendent of Banking of the serve to make the protestants parties to et al., 1224 Denver Club State of Iowa recommended approval of the proceeding. Persons wishing to be­ Bldg., Denver, Colo. 80202. the application. come parties to a proceeding or to par­ CS72-202... 9- 7-71 Santa Fe Corp. et al., 1224 ticipate as a party in any hearing therein Denver Club Bldg., Denver, Notice of receipt of the application was Colo. 80202. published in the F ederal R egister on Must file petitions to intervene in accord­ CS72-203... 9- 7-71 Petro-Lewis Funds, Inc., ance with the Commission’s Rules. et al., 1224 Denver Club June 15, 1971 (36 F.R. 11538), providing Bldg., Denver, Colo. 80202. an opportunity for interested persons to Ta^e further notice that, pursuant to CS72-204... 9- 7-71 Petro-Lewis Corp., 1224 Denver Club Bldg., Denver, Colo. submit comments and views with respect the authority contained in and subject 82002 CS72-205... 9- 7-71 M. K. &f. Exploration Co., 254 to the proposal. A copy of the application North Center St., Casper, 1 This notice does not provide for consol WY 82601. was forwarded to the U.S. Department of CS72-2O0... 9- 7-71 Hixon Development Co., 341 Justice for its consideration. Time for nation for hearing of the several matte Milam Bldg., San Antonio, covered herein. Tex. 78205. filing comments and views has expired

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 19136 NOTICES

and all those received have been effect of the proposed acquisition on com­ order, unless such period is extended for considered. petition,'the financial and managerial good cause by the Board, or by the Fed­ It is hereby ordered, On the basis of resources and future prospects of the ap­ eral Reserve Bank of New York pursuant the record, that said application be and plicant and the banks concerned, and the to delegated authority. hereby is approved for the reasons set convenience and needs of the communi­ forth in the Board’s Statement1 of this ties to be served, and finds that: By order of the Board of Governors1 September 21, 1971. date: Provided, That the action so ap­ Applicant is a wholly owned subsidiary proved shall not be consummated (a) be­ of The Morris Plan Corp., New York, [ s e a l ] T y n a n S m it h , fore the 30th calendar day following the N.Y., a registered bank holding company Secretary. date of this order, or (b) later than 3 that is a wholly owned subsidiary of [FR Doc.71-14301 Filed 9-28-71;8:47 am] months after the date of this order, un­ Financial General Bankshares, Inc., less such period is extended for good Washington, D.C., also a registered bank cause by the Board or by the Federal holding company. The shares of Bank FIDELITY AMERICAN BANKSHARES, Reserve Bank of Chicago pursuant to which applicant in this application pro­ INC. delegated authority. poses to acquire are presently owned in By order of the Board of Governors,2 varying amounts by four other wholly Order Denying Acquisition of Bank September 21, 1971. owned subsidiaries of The Morris Plan Stock by Bank Holding Company Corp. each of which is a registered bank [ s e a l ] * T y n a n S m i t h , holding company. Under applicant’s pro­ In the matter of the application of Secretary. posal, each of these four bank holding Fidelity American Bankshares, Inc., [PR Doc.71-14274 Filed 9-28-71;8:45 am] companies would issue its shares of Bank Lynchburg, Va., for approval of acquisi­ as a dividend to The Morris Plan Corp. tion of 80 percent or more of the voting which would then contribute said Bank shares of Peoples Bank of Gretna, EMPIRE SHARES CORP. shares to applicant. Gretna, Va. Applicant, presently the 12th largest There has come before the Board of Order Approving Acquisition of. Bank Governors, pursuant to section 3(a)(3) Stock by Bank Holding Company of 14 existing or proposed multibank of the Bank Holding Company Act of holding companies in the State of New In the matter of the application of 1956 (12 U.S.C. 1842(a)(3)) and § 222.3 York, has three subsidiary banks with (a) of Federal Reserve Regulation Y (12 Empire Shares Corp., New York, N.Y., $314 million in aggregate deposits, rep­ for approval of acquisition of 39.9627 per­ CFR 222.3 (a )), an application by Fidelity resenting 0.4 percent of the total com­ American Bankshares, Inc., Lynchburg, cent of the voting shares of Community mercial bank deposits in the State. (All Va., a registered bank holding company, State Bank, Albany, N.Y. banking data, except where otherwise for the Boafd’s prior approval of the ac­ There has come before the Board of indicated, are as of December 31, 1970, quisition of 80 percent or more of the Governors pursuant to section ji(a) (3) and reflect bank holding company forma­ voting shares of Peoples Bank of Gretna, of the Bank Holding Company Act of tions and acquisitions approved by the Gretna, Va. (Bank). 1956 (12 U.S.C. 1842(a)(3)), and Board to August 31, 1971.) Bank, pres­ ently the ninth largest of 15 banking As required by section 3(b) of the Act, § 222.3(a) of Federal Reserve Regulation the Board gave written notice of receipt Y (12 CFR 222.3(a)), an application by organizations competing in the Albany banking market, which is approximated of the application to the Virginia Com- Empire Shares Corp., New York, N.Y.,. a ifiissioner of Banking, and requested his registered bank holding company, which by Albany, Schenectady, and Rensselaer Counties, had $34.2 million in deposits as views and recommendation. The Com­ presently owns 42.7 percent of the voting missioner recommended approval of the shares of Community State Bank of June 30, 1970, representing 1.6 percent application. (Bank), Albany, N.Y., for the Board’s of total commercial bank deposits in the prior approval of the acquisition of an area and 0.04 percent of total commercial Notice of receipt of the application additional 39.9627 percent of the voting bank deposits in the State. was published in the F ederal R egister shares of Bank. on July 20, 1971 (36 F.R. 13350), provid­ Inasmuch as the proposal merely con­ ing an opportunity for interested persons As required by section 3 (b) of the Act, stitutes a strengthening of applicant’s to submit comments and views with re­ the Board gave written notice of receipt already substantial control over Bank spect to the proposal. A copy of the ap­ of the application to the Superintendent and projects no change in the character plication was forwarded to the U.S. De­ of Banks of the State of New York, and of the banking facilities involved, con­ partment of Justice for its consideration. requested his views and recommendation. summation of the proposal would neither Time for filing comments and views has The Superintendent has offered no ob­ increase the amount of deposits which expired and all those received have been jection to approval of the application. applicant controls, nor alter its present considered. Notice of receipt of the application was ranking. Similarly, consummation of the proposal would not alter existing It is hereby ordered, For the reasons set published in the F ederal R e g is te r on forth in the Board’s statement2 of this August 19, 1971 (36 F.R. 16144), provid­ banking competition nor foreclose poten­ tial competition, nor have any adverse date, that said application be qnd here­ ing an opportunity for interested persons by is denied. to submit comments and views with re­ effects on other banks in the Albany spect to the proposal. A copy of the ap­ market. The financial and managerial By order of the Board of Governors,3 plication was forwarded to the U.S. De­ resources and future prospects of appli­ September 21,1971. cant and Bank are regarded as satisfac­ partment of Justice for its consideration. [ s e a l ] * T y n a n S m it h , Time for filing comments and views has tory and consistent with approval of the Secretary. application. It appears that the con­ expired and all those received have been [FR Doc.71-14272 Filed 9-28-71;8:45 am] considered. venience and needs of the communities involved will not be affected by consum­ The Board has considered the applica­ mation of this proposal. It is the Board’s 1 Voting for this action: Vice Chairman tion in the light of the factors set forth judgment that the proposed transaction in section 3(c) of the Act, including the Robertson and Governors Mitchell, Daane, would be in the public interest and that Maisel, Brimmer, and Sherrill. Absent and the application should be approved. not voting: Chairman Burns. 1 Piled as part of the original document. It is hereby ordered, On the basis of 2 Filed as part of the original document Copies available upon request to the Board the record, that said application be and Copies available upon request to the Board of Governors of the Federal Reserve System, hereby is approved for the reasons sum­ of Governors of the Federal Reserve System, Washington, D.C. 20551, or to the Federal Washington, D.C. 20551, or to the Federal Reserve Bank of Chicago. marized above, provided that the acquisi­ Reserve Bank of Richmond. 2 Voting for this actión : Vice Chairman tion so approved shall not be consum­ 3Voting for this action: Vice Chairman Robertson and Governors Mitchell, Daane, mated (a) before the 30th calendar day Robertson and Governors Mitchell, Daane, Maisel, Brimmer and Sherrill. Absent and not following the date of this order or (b) Maisel, Brimmer, and Sherrill. Absent and voting: Chairman Burns. later than 3 months after the date of this not voting: Chairman Burns.

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 NOTICES 19137

GALBANK, INC. of future competition developing be­ directors’ qualifying shares) of the suc­ tween the subsidiary and Bank. Con­ cessor by merger to the Plaza Bank of Qrder Approving Acquisition of Bank sidering these factors and others of rec­ Commerce, Kansas City, Missouri Stock by Bank Holding Companies ord, the Board concludes that consumma­ (Bank). (Bank is to be merged into a tion of the proposed acquisition would nonoperating bank that has significance In the matter of the applications of not adversely affect competition in any only as a vehicle to accomplish the ac­ Galbank, Inc., and its wholly owned sub­ relevant area. In fact,' acquisition of quisition of all the shares of Bank; ac­ sidiary, United States National Banc- Bank by applicants may serve to enhance cordingly, acquisition of the shares of the shares, Inc., both of Galveston, Tex., for competition since it would result in the successor bank is treated as an acquisi­ approval of acquisition of 61.15 percent first ownership of a Houston atea bank tion of the shares of Bank.) or more of the voting shares of Sugar by a holding company located outside of As required by section 3(b) of the Act, Land State Bank, Sugar Land, Tex. Houston. the Board gave written notice of receipt There has come before the Board of On the record before the Board, con­ of the application to the Commissioner Governors, pursuant to section 3(a) (3) of Finance of the State of Missouri, and of the Bank Holding Company Act of siderations relating to the financial con­ dition, management and prospects of requested his views and recommendation. 1956 (12 U.S.C. 1842(a)(3)) and § 222.3 The Commissioner did not object to ap­ (a) of Federal Reserve Regulation Y (12 applicants, their subsidiaries, and Bank are consistent with approval of the ap­ proval of the application. CFR 222.3(a)), applications by Galbank, Notice of receipt of the application Inc. (Galbank), and its wholly owned plications. Convenience and needs of banking customers in the area will be was published in the F ederal R egister subsidiary, United States National Banc- on July 28, 1971 (36 F.R. 13951), pro­ shares, Inc. (National), for the Board’s advanced through consummation of the proposed acquisition since applicants viding an opportunity for interested per4 prior approval of the acquisition of 61.15 sons to submit comments and views with percent or more of the voting shares of will be able to provide more extensive services such as increased commercial respect to the proposal. A copy of the Sugar Land State Bank,. Sugar Land, application was forwarded to the U.S. Tex. (Bank). The acquisition will be loan capabilities, interim construction financing, and greater consumer credit Department of Justice for its considera­ made by National and as a result Gal­ tion. Time for filing comments and views bank will indirectly acquire voting shares and trust services. It is the Board’s judgment that the proposed transaction has expired and all those received have of the Bank. been considered. As required by section 3(b) of the Act, would be in the public interest and that the Board gave written notice of receipt the applications should be approved. The Board has considered the appli­ of the applications to the Texas Commis­ It is hereby ordered, on the basis of the cation in the light of the factors set sioner of Banking and requested his record, that said applications be and forth in section 3(c) of the Act, includ­ views and recommendation. The Com­ hereby are approved for the reasons sum­ ing the effect of the proposed acquisi­ missioner recommended approval of the marized above, provided that the action tion on competition, the financial and proposal. so approved shall not be consummated managerial resources and future pros­ Notice of receipt of the applications (a) before the 30th calendar day follow­ pects of the applicant and the banks was published in the F ederal R egister ing the date of this order or (b) later concerned, and the convenience and on August 3, 1971 (36 F.R. 14284 and than 3 months after the date of this needs of the communities to be served, 14286), providing an opportunity for order, unless such period is extended for and finds that: interested persons to submit comments good cause by the Board, or by the Fed­ Applicant is. a recently organized cor­ and views with respect to the proposal. eral Reserve Bank of Dallas pursuant to poration, formed for the purpose of be­ A copy of each application was for­ delegated authority. coming a bank holding company. Bank warded to the U.S. Department of Justice By order of ttie Board of Governors,1 (deposits of $46.4 million) is the eighth for its consideration. Time for filing September 21, 1971. largest of 40 banks in the Kansas City comments and views has expired and area and the 11th largest of 125 banks all those received have been considered. [ seal] T y n a n S m it h , in the Kansas City SMSA, controlling The Board has considered the appli­ Secretary. 1.4 percent of the deposits in that SMSA cations in the light of the factors set [FR Doc.71-14273 Filed 9-28-71;8:45 am] and only .4 percent of the total com­ forth in section 3(c) of the Act, includ­ mercial bank deposits in Missouri. ing the effect of the proposed acquisition (Banking data are as of December 31, on competition, the financial and mana­ PLAZA BANCSHARES, INC. 1970.) gerial resources and future prospects of Order Approving Action To Become a The proposal constitutes a corporate the applicant and the banks concerned, reorganization and reflects no expan­ and the convenience and needs of the Bank Holding Company sion of the corporate interests or signi­ communities to be served, and finds that: In the matter of the application of ficant change in the character of banking Galbank, through National, controls Plaza Bancshares, Inc., Kansas City, Mo., facilities involved; consummation of the one bank with deposits of $44.8 million for approval of action to become a bank proposal would not alter existing bank­ representing approximately 0.2 percent holding company through the acquisi­ ing competition nor significantly affect of commercial bank deposits in Texas. tion of 100 percent of the voting shares potential competition. The financial and (All banking data are as of December 31, (less directors’ qualifying shares) of the managerial resources and future pros­ 1970, adjusted to reflect holding company successor by merger to the Plaza Bank pects of applicant and Bank are satis­ formations and acquisitions approved by of Commerce, Kansas City, Mo. factory and consistent with approval of the Board through August 31, 1971.) There has come before the Board of the application. Consummation of the Acquisition of Bank (deposits of $10 mil­ Governors, pursuant to section 3(a)(1) proposal would not have any immediate lion) would not materially affect appli­ of the Bank Holding Company Act of effects on the convenience and needs cants’ share of deposits in the State. 1956 (12 U.S.C. 1842(a)(1)) and §,222.3 of the community, but improved services Bank is the second largest of eight (a) of Federal Reserve Regulation Y (12 may be provided in the future under the banks serving the eastern portion of Fort CFR 222.3(a)), an application by Plaza more flexible corporate structure of the f County and the southwestern edge Bancshares, Inc., Kansas City, Mo., for holding company system. It is the ox Houston, with control of approxi­ the Board’s prior approval of action Board’s judgment that consummation of mately 18 percent of the area deposits. whereby applicant would become a bank the proposal would be in the public in­ Applicants’ bank is located 50 miles holding company through the acquisition terest and that the application should southeast of Bank in Galveston and of 100 percent of the voting shares (less be approved. mere is little existing competition be- It is hereby ordered, On the basis of ween the two. Due to the distances 1 Voting for this action: Vice Chairman the record, that said application be and involved, the presence of intervening Robertson and Governors Mitchell, Daane, hereby is approved for the reasons sum­ anks, and the Texas prohibition against Maisel, Brimmer, and Sherrill. Absent and marized above, provided that the action ranching, there is also little probability not voting: Chairman Burns. so approved shall not be consummated

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 19138 NOTICES

(a) before the 30th calendar day follow­ trator of the Utah Department of Em­ MC 117940 Sub 45, Nationwide Carriers, Trie., ing the date of this order or (b) later ployment Security, has determined that assigned November 15, 1971, at the Offices than 3 months after the date of this there was a State “off” indicator in Utah of the Interstate Commerce Commission* order, unless such period is extended for for the week ending August 21,1971, and Washington, D.C. good cause by the Board or by the Fed­ Finance Docket No. 26447, Burlington North­ that an extended benefit period termi­ ern Inc., abandonment between Park Rap­ eral Reserve Bank of Kansas City pur­ nated in the State with the week ending ids and Cass Lake, Minn., assigned Octo­ suant to delegated authority. September 11, 1971. ber 26, 1971, at Brainerd, Minn , canceled By order of the Board of Governors,1 Signed at Washington, D.C., this 22d and reassigned October 26, 1971, in the September 21,1971. District Courtroom, Hubbard County day of September 1971. Courthouse, Park Rapids, MN. [seal] T y n a n S m it h , J. D . H odgson, MC 109307 Sub 252, Tri-State Transit Co., Secretary. Secretary of Labor. now assigned November 10, 1971, at the Offices of Interstate Commerce Commis­ [FR Doc.71-14302 Filed 9-28-71;8:47 am] [FR Doc.71-14279 Filed 9-28-71;8:46 am] sion, Washington, D.C. MC 112582 Sub 36, T. M. Zimmerman Co., now assigned November 8, 1971, at the Offices of Interstate Commerce Commis­ sion, Washington, D.C. DEPARTMENT OF LABOR INTERSTATE COMMERCE MC 117574 Sub 198, Daily Express, Inc., now Office of the Secretory assigned November 15, 1971, at the Offices COMMISSION of the Interstate Commerce Commission, KANSAS Washington, D.C. ASSIGNMENT OF HEARINGS MC 123383 Sub 54, Boyle Brothers, Inc., now Notice of Termination of Extended assigned November 15, 1971, at the Offices Unemployment Compensation S eptember 24, 1971. of the Interstate Commerce Commission, Cases assigned for hearing, postpone­ Washington, D.C. The Federal-State Extended Unem­ ment, cancellation or oral argument ap­ MC 135382, S & S Rental, Inc., now assigned ployment Compensation Act of 1970, pear below and will be published only November 29, 1971, at the Offices of Inter­ title n of Public Law 91-373, establishes state Commerce Commission, Washington, once. This list contains prospective as­ D.C. a program of extended unemployment signments only and does not include compensation which provides for pay­ cases previously assigned hearing dates. [seal] R obert L. O swald, ment to unemployed workers who have The hearings will be on the issues as Secretary. received all of the regular compensation presently reflected in the Official Docket to which they are entitled, commencing [FR Doc.71-14312 Filed 9-28-7T;8:48 am] when unemployment is high (according of the Commission. An attempt will be to indicators set forth in the law) and made to publish notices of cancellation of [Notice 32] terminating when unemployment ceases hearings as promptly as possible, but in­ to be high (according to indicators set terested parties should take appropriate MOTOR CARRIER ALTERNATE ROUTE forth in the law). Pursuant to section steps to insure that they are notified of DEVIATION NOTICES 203(b) (2) of the Act, notice is hereby given that Leo J. Phalen, Executive Di­ cancellation or postponements of hear­ S eptember 24, 1971. rector of the Kansas Employment Secu­ ings in which they are interested. The following letter-notices of pro­ rity Division, has determined that there No. 35270, Soapstone, Texas to Florida— Peti­ posals to operate over deviation routes was a State “off” indicator in Kansas tion of Southern Freight Association for for operating convenience only have for the week ending August 21,1971, and declaratory order, now assigned October 18, been filed with the Interstate Commerce that an extended benefit period termi­ 1971, at the Offices of the Interstate Com­ Commission under the Commission’s Re­ nated in the State with the week ending merce Commission, Washington, D.C. vised Deviation Rules-Motor Carriers of September 11, 1971. FF-C -45, Honolulu Freight Service vs. Star Property, 1969 (49-CFR 1042.4(d) (ID > Forwarders, Inc., now assigned November 1, and notice thereof to all interested per­ Signed at Washington, D.C., this 22d 1971, at Los Angeles, Calif., canceled. sons is hereby given as provided- in such day of September 1971. M C 119819 Sub 45, Distributors Service Co., now assigned October 13, 1971, at Chicago, rules (49 CFR 1042.4(d) (ID ). J. D . H odgson, 111., postponed indefinitely. Protests against the use of any pro­ Secretary of Labor. MC 119819 Sub 36, Distributors Service Co., posed deviation route herein described MC 133574 Sub 6, Terrill Trucking Co., as­ [FR Doc.71-14278 Filed 9-28-71;8:45 am] may be filed with the Interstate Com­ signed October 1, 1971, Omaha, Nebr., merce Commission in the maimer and canceled. MC 14624 Sub 1, Tri State Express, now as­ form provided in such rules (49 CFR UTAH signed September 28, 1971, at Frankfort, 1042.4(d) (12) Ï at any time, but will not Ky., postponed indefinitely. operate to stay commencement of the Notice of Termination of Extended MC 117574 Sub 184, Daily Express, Inc., MC proposed operations unless filed within Unemployment Compensation 117574 Sub 191, Daily Express, Inc., as­ 30 days from the date of publication. signed October 18, 1971, at Washington, The Federal-State Extended Unem­ Successively filed letter-notices of the D C., is postponed indefinitely. same carrier under the Commission's Re­ ployment Compensation Act of 1970, MC 109533 Sub 44, Overnite Transportation title n of Public Law 91-373, establishes Co., now assigned October 18, 1971, at vised Deviation Rules-Motor Carriers of a program of extended unemployment Frankfort, Ky., postponed to January 10, Property, 1969, wifi be numbered con­ compensation which provides for pay­ 1972, in a hearing room to be designated secutively for convenience in identifica­ ment to unemployed workers who have later, at Lexington, Ky. tion and protests, if any, should refer to MC 129537 Sub 8, Reeves Transportation Go., such letter-notices by number. received all of the regular compensation continued to October 18,1971, at the Offices to which they are entitled, commencing of the Interstate Commerce Commission, M otor C arriers of P roperty when unemployment is high (according Washington, D.C. sTo. MC-42487 (D e v ia tio n No. to indicators set forth in the law) and Fourth Section Application No. 42169, Vol­ -, CONSOLIDATED FREIGHTWAYS terminating when unemployment ceases ume or Trainload Rates, from, to, or be­ RPORATION OF D E L A W A R E , 175 to be high (according to indicators set tween points in the United States assigned October 4, 1971, at Washington, D.C. post­ field Drive, Menlo Park, CA 94015-, forth in the law). Pursuant to section poned to December 6, 1971,‘ at the Offices d September 14, 1971. Carriers 203(b) (2) of the Act, notice is hereby of Interstate Commerce Commission, iresentative: V. R. Oldenburg, PostOi- given that Curtis P. Harding, Adminis- Washington, D.C. î Box 5138, Chicago, IL 60680; Car- ISM-22930, Small Shipment Rate Revision— r proposes to operate as a common Eastern Central Territory, now assigned Tier, by motor vehicle-, of general com- 1 Voting for tills action: Vice Chairman October- 4, 1971 ,at Washington, D.C., post­ dities, with certain exceptions, over Robertson and Governors Mitchell, Daane, poned to October 26, 1971, at the Offices Màisef, Brimmer, and Sherrill. Absent and of the Interstate Commerce Commission, leviation route as follows: From the not voting: Chairman Burns. Washington, D.C. iction of U.S. Highway 30 and the

FEDERAL REGISTER, VOL. 36, NO. T89— WEDNESDAY, SEPTEMBER 29, 1*71 NOTICES 19139

Pennsylvania Turnpike at Exit 7 over Wayne Counties, Ohio; (2) between Cin­ Ohio, and return over the same route, the Pennsylvania Turnpike to Exit 9, cinnati and Toledo, Ohio: From Cin­ serving all intermediate points and off- thence over Pennsylvania Highway 711 cinnati over Interstate Highway 75 and route points in Ashland, Huron, and Erie to junction Pennsylvania Highway 31, U.S. Highway 25 (and old U.S. Highway Counties, Ohio; (11) between Lorain, thence over Pennsylvania Highway 31 25) to Toledo, Ohio, and return over the Ohio, and junction of Ohio Highway 57 to junction U.S. Highway 30, near Bed­ same routes, serving all intermediate and U.S. Highway 224: From Lorain over ford, Pa., and return over the same route, points and the off-route points of Allen, Ohio Highway 57 to junction Ohio High­ for operating convenience only. The no­ Auglaize, Butler, Hamilton, Hancock, way 57 and U.S. Highway 224 (near tice indicates that the carrier is presently Lucas, Miami, Montgomery, Shelby, Wadsworth) and return over the same authorized to transport the same com­ Warren, and Wood Counties, Ohio; (3) route, serving all intermediate points and modities, over a pertinent service route between Toledo and Conneaut, Ohio: the off-route points of Lorain and Medina as follows: Prom junction U.S. Highway From Toledo over U.S. Highway 20 to Counties, Ohio; (12) between Lorain and 30 and the Pennsylvania Turnpike at Conneaut, Ohio, and return over the Ashland, Ohio: From Lorain, Ohio, over Exit 7 over U.S. Highway 30 to junction same route, serving all intermediate Ohio Highway 58 to Ashland, Ohio, and Pennsylvania Highway 31 near Bedford, points and the off-route points of Ash­ return over the same route, serving all Pa., and return over the same route. tabula, Cuyahoga, Erie, Huron, Lake intermediate points and the off-route Lorain, Lucas, Ottawa, and Sandusky points of Ashland, Lorain, and Medina By the Commission. Counties, Ohio; (4) between Toledo and Counties, Ohio; (13) between the junc­ [seal] R obert L. O swald, Cleveland, Ohio: From Toledo over Ohio tion of Interstate Highway 71 and Ohio Secretary. Highway 2 to Cleveland and return over Highway 82 and the junction of Ohio [PRDoc.71-14308 Piled 9-28-71:8:47 am] the same route, serving all intermediate Highway 82 and Ohio Highway 57: From points and the off-route points of Cuya­ the junction of Interstate Highway 71 hoga, Erie, Huron, Lorain, Lucas, Ot­ and Ohio Highway 82 over Ohio Highway [Notice 77] tawa, and Sandusky Counties, Ohio; (5) 82 to junction Ohio Highway 57, and re­ between Toledo and Warren, Ohio: From MOTOR CARRIER APPLICATIONS AND turn over the same route, serving all in­ Toledo, Ohio, over Interstate Highway termediate points and the off-route CERTAIN OTHER PROCEEDINGS 280 to junction Interstate Highway 80, points in Lorain County, Ohio; September 24, 1971. thence over Interstate Highway 80 to (14) Between Akron, Ohio, and junc­ The following publications are gov­ junction Ohio Highway 5, thence over tion U.S. Highway 224 and Interstate erned by the new Special Rule 247 of the Ohio Highway 5 to Warren, Ohio, and Highway 71: From Akron over U.S. High­ Commission’s rules of practice, published return over the same routes, serving all way 224 to junction Interstate Highway intermediate points and the off-route in the Federal R egister, issue of Decem­ 71 and return over the same route, serv­ ber 3,1963, which became effective Janu­ points of Ashtabula, Cuyahoga, Erie, ing all intermediate points and the off- ary 1, 1964. Huron, Lake Lorain, Lucas, Ottawa, San­ route points in Summit County, Ohio; dusky, and Turnbull and Geauga Coun­ (15) between Akron and Ravenna, Ohio: The publications hereinafter set forth ties, Ohio; reflect the scope of the applications as From Akron, Ohio, over Ohio Highway 8 filed by applicant, and may include de­ (6) Between Columbus and Toledo,to junction Ohio Highway 8 and Ohio scriptions, restrictions, or limitations Ohio: From Columbus, Ohio, over Inter­ Highway 303, thence over Ohio Highway which are not in a form acceptable to the state Highway 71 to junction Interstate 303 to junction of Ohio Highway 14, Commission. Authority which ultimately Highway 270, thence over Interstate thence over Ohio Highway 14 to Ravenna, may be granted as a result of the appli­ Highway 270 to junction U.S. Highway Ohio (also, from Akron over Interstate cations here noticed will not necessarily 23, thence U.S. Highway 23 to junction Highway 80S to junction Ohio Highway reflect the phraseology set forth in the Ohio Highway 15, thence over Ohio 44, thence over Ohio Highway 44 to Ra­ application as filed, but also will elimi­ Highway 15 to junction Interstate High­ venna, Ohio), and return over the same nate any restrictions which are not ac­ way 75, thence over Interstate Highway routes, serving all intermediate points ceptable to the Commission. 75 (and old U.S. Highway 25) to Toledo, and the off-route points in Portage Ohio (also from the junction of U.S. County, Ohio; (16) between Akron and Motor Carriers o f .P roperty Highway 23 and Ohio Highway 15 over Beloit, Ohio: From Akron, Ohio, over U.S. APPLICATIONS FOR CERTIFICATES OR PERMITS U.S. Highway 23 to the junction of U.S. Highway 224 to the junction of Ohio WHICH ARE TO BE PROCESSED CONCUR­ Highway 23 and U.S. Highway 20, thence Highway 534, thence over Ohio Highway RENTLY WITH APPLICATIONS UNDER SEC­ over U.S. Highway 20 to Toledo, Ohio), 534 to the junction Ohio Highway 165, TION 5 GOVERNED BY SPECIAL RULE 2 40 TO and return over the same routes, serving thence over Ohio Highway 165 to the THE EXTENT APPLICABLE all intermediate points and the off-route junction Ohio Highway 173, thence over points of Delaware, Franklin, Hancock, No. MC 109914 (Sub-No. 27), filed Au­ Ohio Highway 173 to Beloit, Ohio (also, Lucas, Marion, Ottawa, Sandusky, Sen­ from Akron, Ohio, over Interstate High­ gust 2, 1971. Applicant: DUNDEE eca, Wood and Wyandotte Counties, TRUCK LINE, INC., 6006 Stickney Ave­ way 77 to junction Ohio Highway 619, Ohio; (7) between Cleveland and Can­ thence over Ohio Highway 619 to junc­ nue, Toledo, OH 43612. Applicant’s rep­ ton, Ohio: from Cleveland over Inter­ resentatives: Arthur R. Cline, 420 Secu­ tion Ohio Highway 173, thence over Ohio state Highway 77 (also from Cleveland Highway 173 to Beloit, Ohio), and return rity Building, Toledo, Ohio 43604, and over U.S. Highway 21 to the junction of Paul F. Berry, Suite 1660, 88 East Broad over the same route, serving all interme­ U.S. Highway 30) to Canton, Ohio, and diate points and the off-route points of Street, Columbus, OH 43215. Authority return over the same routes, serving all sought to operate as a common carrier, Mahoning, Portage, and Stark Counties, intermediate points and the off-route Ohio; (17) between Medina, Ohio, and by motor vehicle, over regular and ir­ points of Cuyahoga, Stark, and Summit regular routes, transporting: General junction U.S. Highway 21 and Ohio Counties, Ohio; (8) between Toledo, Highway 585: From Medina over U.S. commodities (except those of unusual Ohio, and junction Interstate Highway value, classes A and B explosives, house­ Highway 42 to junction U.S. Highway 42 280 and U.S. Highway 20: From Toledo and Ohio Highway 76, thence over Ohio hold goods as defined by the Commission, over Interstate Highway 280 to junction and commodities in bulk). Regular Highway 76 to junction Interstate High­ U.S. Highway 20 and return over the way 71, thence over Interstate Highway routes (l) Between Cleveland and Cin­ same route, serving all intermediate cinnati, Ohio: From Cleveland over In­ 71 to junction U.S. Highway 224, thence points; (9) between Fremont, Ohio, and over U.S. Highway 224 to junction Ohio terstate Highway 71 to Cincinnati, Ohio, junction Ohio Highway 53 and Ohio and return over the same route, serving Highway 2: From Fremont over Ohio Highway 57, thence over Ohio Highway all intermediate points and the off-route Highway 53 to junction Ohio Highway 2 57 to junction Ohio Highway 604, thence Points of Ashland, Clinton, Cuyahoga, and return over the same route, serving over Ohio Highway 604 to junction Ohio Delaware, Fayette, Franklin, Greene, all intermediate points; (10) between Highway 585, thence over Ohio Highway amilton, Knox, Madison, Medina, Mor­ Sandusky and Ashland, Ohio: From San­ 585 to the junction of U.S. Highway 21 row, Richland, Summit, Warren, and dusky over U.S. Highway 250 to Ashland, and return over the same route, serving

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 19140 NOTICES

all intermediate points and the off- Highway 800 to junction Ohio Highway 93 to junction Ohio Highway 236, thence route points of Medina, Summit, and 416, thence over Ohio Highway 416 to over Ohio Highway 236 to junction U S Wayne Counties, Ohio; (18) between junction U.S. Highway 36, thence over Highway 30 and return over the same Canton, Ohio, and junction U.S. Highway U.S. Highway 36 to Newcomerstown routes, serving all intermediate points 20 and Ohio Highway 45: From Canton, (also, from Canton over U.S. Highway 62 and the off-route points of Stark, Sum­ Ohio, over Interstate Highway 77 to to junction Ohio Highway 93, thence over mit, and Wayne Counties, Ohio; (32) junction Interstate Highway 80S, thence Ohio Highway 93 to junction Ohio High­ between the junction of Ohio Highway over Interstate Highway 80S to junc­ way 241, thence over Ohio Highway 241 44 and Interstate Highway 80S and the tion Ohio Highway 59, thence over Ohio to junction Ohio Highway 39, thence junction of Interstate Highway 80S and Highway 59 to junction Ohio Highway over Ohio Highway 39 to junction Ohio Ohio Highway 45: From the junction of 5, thence over Ohio Highway 5 to junc­ Highway 93, thence over Ohio Highway Ohio Highway 44 and Interstate High­ tion Ohio Highway 45, thence over Ohio 93 to junction U.S. Highway 36, thence way 80S over Interstate Highway 80S to Highway 45 to junction U.S. Highway 20 over U.S. Highway 36 to Newcomers­ the junction of Ohio Highway 45, serving and return over the same route, serving town) and return over the same routes, all intermediate points; (33) between the all intermediate points and the off-route serving all intermediate points and the junction of UJ3. Highway 30 and Ohio points of Ashtabula,. Portage, Stark, off-route points of Coshocton, Holmes, Highway 94 and the junction of Ohio Summit, and Trumbull Counties, Ohio; Stark, Tuscarawas, and Wayne Counties, Highway 94 and Ohio Highway 585: (19) between the junction of Ohio High­ Ohio; (26) between Canton and Pow­ From the junction of U.S. Highway 30 way 8 and Interstate Highway 271 and hatan Point, Ohio: From Canton, Ohio over Ohio Highway 94 to the junction of the junction of Ohio Highway 8 and over U.S. Highway 30 to junction Ohio Ohio Highway 585 and return over the Ohio Highway 303: From the junction of Highway 7, thence over Ohio Highway 7 same route, serving all intermediate Ohio Highway 8 and Interstate Highway to Powhatan Point, Ohio, and return over points and the off-route points of Wayne 271 over Ohio Highway 8 to the junc­ the same route, serving all intermediate County, Ohio; (34) between Marion and tion of Ohio Highway 303 and return over points and the off-route points of Bel­ Dayton, Ohio: From Marion, Ohio, over the same route, serving all intermediate mont, Columbiana, Jefferson, Marion, Ohio Highway 4 to Dayton, Ohio, and points and the off-route points of Cuya­ and Stark Counties, Ohio; (27) between return over the same route, serving all hoga County, Ohio; Canton and Cadiz, Ohio: From Canton, intermediate points and the off-route (20) Between the junction of Inter­ Ohio, over Ohio Highway 800 to junction points at Champaign, Clark, Greene, state Highway 90 and Ohio Highway 45 Ohio Highway 183, thence over Ohio Marion, and Union Counties, Ohio; and the junction of Interstate Highway Highway 183 to junction Ohio Highway (35) Between Cincinnati and Wash­ 90 and Interstate Highway 271: From 542, thence over Ohio Highway 542 to ington Court House, Ohio: From Cin­ the junction of Interstate Highway 90 junction Ohio Highway 39, thence over cinnati, Ohio, over UJ3. Highway 42 to and Ohio Highway 45 over Interstate Ohio Highway 39 to junction Ohio High­ junction Ohio Highway 73, thence over Highway 90 to junction Interstate High­ way 212, thence over Ohio Highway 212 Ohio Highway 73 to junction U.S. High­ way 271 and return over the same route, to junction Ohio Highway 151, thence way 22 to Washington Court House, Ohio serving all intermediate points and the over Ohio Highway 151 to junction U.S. (also, from Cincinnati, Ohio, over Inter­ off-route points of Ashtabula, Cuyahoga, Highway 22, thence over U.S. Highway state Highway 275 to junction Ohio Geauga, and Lake Counties, Ohio; (21) 22 to Cadiz, Ohio (also, from Canton, Highway 28, thence over Ohio Highway between Ashtabula and Conneaut, Ohio: Ohio, over Interstate Highway 77 to 28 to junction Ohio Highway 73, thence From Ashtabula over Ohio Highway 46 junction U.S. Highway 250, thence over Ohio Highway 73 to junction Ohio to Jefferson, Ohio, thence over Ohio over U.S. Highway 250 to Cadiz, Ohio), Highway 138, thence over Ohio Highway Highway 167'to junction Ohio Highway and return over the same routes, serving 138 to junction Ohio Highway 41, thence 193, thence over Ohio Highway 193 to all intermediate points and the off-route over Ohio Highway 41 to Washington junction U.S. Highway 6, thence over U.S. points of Carroll, Harrison, Stark, and Court House, Ohio), and return over the Highway 6 to Andover, Ohio (also, from Tuscarawas Counties, Ohio; (28) be­ same routes, serving all intermediate Jefferson, Ohio, over Ohio Highway 307 to tween Marion, Ohio, and junction Ohio points and the off-route points of Clin­ junction Ohio Highway 45, thence over Highway 95 and Interstate Highway 71: ton, Fayette, Hamilton, Highland, and Ohio Highway 45 to junction U.S. High­ From Marion over Ohio Highway 95 to Warren Counties, Ohio; (36) between way 6, thence over U.S. Highway 6 to Interstate Highway 71 and return over Cincinnati and West Union, Ohio: From Andover, Ohio), thence over Ohio High­ the same routes, serving all intermediate Cincinnati, Ohio, over Ohio Highway 32 way 7 to Conneaut, Ohio, and return over points and the off-route points of Marion to junction Ohio Highway 247, thence the same routes, serving all intermediate and Morrow Counties, Ohio; over Ohio Highway 247 to West Union, points and the off-route points in Ashta­ (29) Between Marion, Ohio, and the Ohio (also, from Cincinnati, Ohio, over bula County, Ohio; (22) between Canton junction of Ohio Highway 97 and Inter­ U.S. Highway 52 to junction Ohio High­ and Warren, Ohio: From Canton over state Highway 71: From Marion, Ohio, way 41, thence over Ohio Highway 41 U.S. Highway 62 to junction Ohio High­ over U.S. Highway 3 OS to junction Ohio to West Union, Ohio), and return over way 45, thence over Ohio Highway 45 to Highway 288, thence over Ohio Highway the same routes, serving all intermediate Warren, Ohio, and return over the same 288 to junction of Ohio Highway 97, points and the off-route points of Adams, route, serving all intermediate points and thence over Ohio Highway 97 to junc­ Brown, Clermont, and Hamilton Coun­ the off-route points of Columbiana, Ma-. tion Interstate Highway 71, and return ties, Ohio; (37) between Miamisburg and honing, Stark, and Trumbull Counties, over the same route, serving all inter­ Germantown, Ohio: From Miamisburg Ohio; (23) between Cleveland and North mediate points and the off-route points over Ohio Highway 725 to junction Ohio Ridgeville, Ohio: From Cleveland over of Marion, Morrow, and Richland Coun­ Highway 4, thence over Ohio Highway 4 Ohio Highway 10 to North Ridgeville, ties, Ohio; (30) between Wooster, Ohio, to junction Ohio Highway 122, thence Ohio, and return over the same route, and junction of U.S. Highway 250 and over Ohio Highway 122 to Interstate serving all intermediate points; (24) be­ Interstate Highway 71: From Wooster Highway 75, thence over Interstate High­ tween Canton and Lima, Ohio: From over U.S. Highway 250 to junction Inter­ way 75 to junction Ohio Highway 63, Canton over U.S. Highway 30 to junction state Highway 71 and return over the thence over Ohio Highway 63 to junc­ U.S. Highway 30S, thence over U.S, High­ same route, serving all intermediate tion Ohio Highway 4, thence over Ohio way 30S to Lima, Ohio, and return over points and the off-róute points of Ash­ Highway 4 to junction Ohio Highway the same route, serving all intermediate land and Wayne Counties, Ohio; (31) be­ 177, thence over Ohio Highway 177 w points and the off-route points of.Allen, tween Wooster, Ohio, and junction of junction Ohio Highway 73, thence over Ashland, Crawford, Hardin, Marion, U.S. Highway 30 and Ohio Highway 236: Ohio Highway 73 to the junction of Ohio Richland, Stark, and Wayne Counties, From Wooster, Ohio, over Ohio Highway Highway 732, thence over Ohio Highway Ohio; 585 to junction U.S. Highway 21, thence 732 to the junction Ohio Highway 177, (25) Between Canton and Newcomers- over U.S. Highway 21 to junction Ohio thence over Ohio Highway 177 to the town, Ohio: From Canton over Ohio Highway 93, thence over Ohio Highway junction Ohio Highway 725, thence over

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 NOTICES 19141

Ohio Highway 725 to Germantown, Ohio, the off-route points of Delaware, Cham­ between Troy and Urbana, Ohio: From and return over the same route, serving paign, Miami, and Union Counties, Ohio; Troy, Ohio, over Ohio Highway 41 to all intermediate points and the off-route (47) between Columbus and Ironton, Springfield, Ohio, thence over U.S. High­ points of Butler, Hamilton, Montgomery, Ohio: From Columbus, Ohio, over U.S. way 68 to Urbana, Ohio, and return over and Preble Counties, Ohio; Highway 23 to junction U.S. Highway 52, the same route, serving all intermediate (38) Between Bridgeport, Ohio, and thence over U.S. Highway 52 to Ironton points and the off-route points of the junction of Interstate Highway 75 and return over the same route, serving Champaign and Clark Counties, Ohio; and Interstate Highway 70: Prom Bridge­ all intermediate points and the off-route (56) Between Findlay and Perrysburg, port, Ohio, over Interstate Highway 70 points of Franklin, Gallia, Lawrence, Ohio: From Findlay, Ohio, over U.S. to the junction of Interstate Highway 75 Pickaway, Pike, Ross, and Scioto Coun­ Highway 224 to Tiffin, Ohio, thence over and return over the same route, serving ties, Ohio; (48) between Columbus and Ohio Highway 199 to Perrysburg, Ohio, all intermediate points and the off-route Chillicothe, Ohio: From Columbus, Ohio, and return over the same route, serving points of Belmont, Clark, Franklin, over U.S. Highway 33 to Athens, thence all intermediate points and the off-route Guernsey, Licking, Madison, Montgom­ over U.S. Highway 50 to McArthur, Ohio, points of Hancock, Lucas, Seneca, and ery, and Muskingum Counties, Ohio; (39) thence over Ohio Highway 93 to Jack- Wood Counties, Ohio; (57) between between Mansfield and Belleville, Ohio: son, Ohio, thence over U.S. Highway 35 Toledo and Bowling Green, Ohio: From Prom Mansfield over Ohio Highway 13 to to Chillicothe and return over the same Toledo, Ohio, over U.S. Highway 24 to Belleville, Ohio, and return over the same route, serving all intermediate points and juncion U.S. Highway 127, thence over route, serving all intermediate points the off-route points of Athens, Fairfield, U.S. Highway 127 to Van Wert, Ohio, and the off-route point of Richland Franklin, Hocking, Jackson, Meigs, Ross, thence over U.S. Highway 30 to Lima, County, Ohio; (40) between Mansfield and Vinton Counties, Ohio; (49) between Ohio, thence over Ohio Highway 65 to and Ashland, Ohio: From Mansfield, Zanesville and Cambridge, Ohio: From junction Ohio Highway 281, thence over Ohio, over U.S. Highway 42 to Ashland, Zanesville, Ohio, over Ohio Highway 60 Ohio Highway 281 to junction U.S. High­ Ohio, and return over the same route, to Marietta, Ohio, thence over Interstate way 25, thence over U.S. Highway 25 to serving all intermediate points and the Highway 77 to Cambridge, Ohio, and re­ Bowling Green, Ohio, and return over off-route points of Ashland and Rich­ turn over the same route, serving all in­ the same route, serving all intermediate land Counties, Ohio; (41) between Ash­ termediate points and the off-route points and the off-route points of Allen, land and Willard, Ohio: From Ashland, points of Guernsey, Monroe, Morgan, Defiance, Henry, Lucas, Mercer, Pauld­ Ohio, over Ohio Highway 96 to the junc­ Muskingum, Noble, and Washington ing, Putnam, Van Wert, and Wood Coun­ tion of Ohio Highway 61, thence over Counties, Ohio; (50) between Delaware ties, Ohio; (58) between Toledo and Ohio Highway 61 to the junction of U.S. and Columbus, Ohio: From Delaware, Defiance, Ohio: From Toledo, Ohio, over Highway 224, thence over U.S. Highway Ohio, over U.S. Highway 36 to Coshocton, U.S. Highway 20 to junction U.S. High­ 224 to Willard, Ohio, and return over the Ohio, thence over Ohio Highway 16 to way 127, thence over U.S. Highway 127 same route, serving all intermediate junction Ohio Highway 161, thence over to West Unity, Ohio, thence over Alter­ points and the off-route points of Ash­ Ohio Highway 161 to Columbus, Ohio, nate U.S. Highway 20 to junction Ohio land, Huron, and Richland Counties, and return over the same route, serving Highway 107, thence over Ohio Highway Ohio; (42) between Marion and Willard, all points and off-route points in Coshoc­ 107 to Montpelier, Ohio, thence over Ohio Ohio: From Marion, Ohio, over Ohio ton, Delaware, Franklin, Knox, Licking, Highway 576 to Ohio Highway 34, thence Highway 4 to the junction of U.S. High­ and Muskingum Counties, Ohio; over Ohio Highway 34 to Bryan, Ohio, way 224, thence over U.S. Highway 224 to (51) Between Piqua and Celina, Ohio: thence over Ohio Highway 15 to Defiance, Willard, Ohio, and return over the same From Piqua over Interstate Highway 75 Ohio, and return over the same route, route, serving all intermediate points and to junction U.S. Highway 33, thence over serving all intermediate points and the the off-route points of Crawford, Huron, U.S. Highway 33 to Ohio Highway 29, off-route points of Defiance, Fulton, Marion, and Seneca Counties, Ohio; (43) thence over Ohio Highway 29 to Celina Lucas, and Williams Counties, Ohio; (59) between Bucyrus and Ontario, Ohio: (also, from Piqua, Ohio, over U.S. High­ between Warren and Youngstown, Ohio: Prom Bucyrus, Ohio, over U.S. Highway way 36 to junction U.S. Highway 127, From Warren, Ohio, over Ohio Highway 30N to Ontario, Ohio, and return over thence over U.S. Highway 127 to Celina), 422 to Youngstown, Ohio, and return the same route, serving all intermediate and return over the same route, serving over the same route, serving all inter­ points and the off-route points of Craw­ all intermediate points and the off-route mediate points and the off-route points ford and Richland Counties, Ohio; (44) points of Auglaize, Darke, Mercer, Miami, of Mahoning and Trumbull Counties, between Marion and Mount Corey, Ohio: and Shelby Counties, Ohio; (52) between Ohio; (60) between Warren and Salem, Prom Marion, Ohio, over U.S. Highway Piqua and Sidney, Ohio: From Piqua, Ohio: From Warren, Ohio, over Ohio 23 to junction Ohio Highway 199, thence Ohio, over U.S. Highway 36 to Urbana, Highway 169 to junction Ohio Highway over Ohio Highway 199 to junction Ohio thence over U.S. Highway 68 to junction 46, thence over Ohio Highway 46 to Highway 53, thence over Ohio Highway U.S. Highway 274, thence over U.S. High­ Columbiana, Ohio, thence over Alternate 53 to junction Ohio Highway 81, thence way 274 to Belle Center, Ohio, thence Highway 14 to Salem, Ohio, and return over Ohio Highway 81 to junction Ohio over U.S. Highway 68 to Ohio Highway over the same route, serving all inter­ Highway 235, thence over Ohio High­ 274, thence over Ohio Highway 274 to mediate points of Columbiana, Mahon­ way 235 to Mount Corey and return over junction Interstate Highway 75, thence ing, and Trumbull Counties, Ohio; the same route, serving all intermediate over Interstate Highway 75 to Sidney, (61) Between the junction of Inter­ points and the off-route points of Han­ Ohio, and return over the same routes, state Highway 271 and Ohio Highway cock, Hardin, Marion, and Wyandotte serving all intermediate points and the 14 and the junction of Ohio Highway Counties, Ohio; off-route points in Champaign, Logan, 303 and Ohio Highway 14: From the . (45) Between Piqua, Ohio, and the Miami, and Shelby Counties, Ohio; (53) junction of Interstate Highway 271 and Miction of Interstate Highway 70 and between Bellefontaine and Quincy, Ohio: Ohio Highway 14 to the j miction of Ohio Ohio Highway 29: From Piqua, Ohio, From Bellefontaine, Ohio, over Ohio Highway 303 and return over the same Highway 36 to the junction of Highway 47 to junction Ohio Highway route, serving all intermediate points Ohio Highway 29, thence over Ohio High­ 235, thence over Ohio Highway 235 to and the off-route points of Cuyahoga way 29 to the junction of Interstate Quincy, Ohio, and return over the same and Portage Counties, Ohio, and (62) Highway 70 and return over the same route, serving all intermediate points and between Wakeman and Vermilion, route, serving all intermediate points off-route points in Logan County, Ohio; Ohio: From Wakeman, Ohio, over Ohio Md the off-route points of Champaign, (54) between Dayton and Xenia, Ohio: Highway 60 to the junction of Ohio Madison, and Miami Counties, Ohio; (46) From Dayton, Ohio, over U.S. Highway Highway 2, thence over Ohio Highway Between Delaware and Piqua, Ohio: From 35 to Xenia, Ohio, and return over the 2 to Vermilion, Ohio, and return over Delaware, Ohio, over U.S. Highway 36 to same route, serving all intermediate the same route, serving all intermediate ^iqua, Ohio, and return over the same points and the off-route points of Greene points and the off-route points of Erie oute, serving all intermediate points and and Montgomery Counties, Ohio; (55) and Huron Counties, Ohio. Irregular

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 No. 189——5 19142 NOTICES routes: (A) General commodities (except No. MC-F-11317. Authority sought for M o.), with restriction; and self-propelled those of unusual value, classes A and B purchase by DAVIS & RANDALL, INC., articles, each weighing 15,000 pounds explosives, household goods as defined 154 Chautauqua Street, Fredonia, NY or more, and related machinery, tools, by the Commission, and commodities in 14063, of the operating rights of BAKER parts, and supplies moving in connection bulk), (1) between Cleveland, Ohio, on MOTOR EXPRESS, INC. (WYOMING therewith, between Cairo and Hartford, the one hand, and, on the other, points COUNTY BANK AND TRUST COM­ 32L, Paducah, Ky., and St. Charles, Mo., in Ohio; (2) between Ashtabula, Ohio, PANY—Successor-in-interest), 422 and points in Missouri on and east of a on the one hand, and, on the other, North Main Street, Warsaw, NY 14569, line beginning at the Mississippi River points in Ohio; (3) between Toledo, and for acquisition by HAROLD L. FUR­ and extending along U.S. Highway 67 to Ohio, on the one hand, and, on the NESS, 42 Central Avenue, Fredonia, NY, junction U.S. Bypass Highway 67, thence other, points in Ohio; (4) between Cin­ of control of such rights through the along U.S. Bypass Highway 67 to junc­ cinnati, Ohio, on the one hand, and, on purchase. Applicants’ representative: tion U.S. Highway 61, thence along U.S. the other, points in Ohio; (5) between Raymond A. Richards, 23 Main Street, Highway 61 to the Missouri-Arkansas Canton, Ohio, on the one hand, and, on Webster, NY 14580. Operating rights State line, on the one hand, and, on the the other, points in Ohio; and (6 ) be­ sought to be transferred: Under a certifi­ other, points in Louisiana, Oklahoma tween Columbus, Ohio, on the one hand, cate of registration, in Docket No. MC- and Texas, between points in Arkansas, and, on the other, points in Ohio, and 57798 Sub-1, covering the transportation Illinois, Indiana, Iowa, Kentucky, Mis­ (B) commodities, the transportation of of general commodities, as a common souri, Ohio and Tennessee, with restric­ which by reason of size or weight re­ carrier, in interstate commerce, within tions. Vendee is authorized to operate as quires special handling and the use of the State of New York; and general com­ a common carrier in South Carolina, special equipment, between points modities, except household goods as de­ Tennessee, Georgia, Alabama, Florida, within the State of Ohio. N o t e : Appli­ fined by the Commission and commodi­ Louisiana, Mississippi, North Carolina, cant states that the authority sought in ties in bulk, in tank vehicles over irregu­ Arkansas, Texas, Virginia, West Virginia., this application can be joined with ap­ lar routes, between points in Erie and Maryland, Pennsylvania, New Jersey, plicant’s regular route authority at To­ Wyoming Counties, N.Y.,_on the one New York, Massachusetts, Rhode Island, ledo, Ohio. By tacking at Toledo, Ohio, hand, and, on the other, certain specified California, Connecticut, Delaware, Illi­ applicant would be able to serve be­ points, with restriction. Vendee is au­ nois, Indiana, Iowa, Kentucky, Michigan, tween points in Ohio, on the one handv thorized to operate as a common carrier Minnesota, Nevada, New Hampshire, and, on the other, point*, on its regular in Ntew York, Pennsylvania, Ohio, New Wisconsin, Ohio, Arizona, New Mexico, routes in Ohio, Michigan, and Indiana. Jersey, West Virginia, Kentucky, Michi­ Oklahoma, Kansas, Maine, Vermont, Ne­ This application is a matter directly re­ gan, Illinois, Indiana, Connecticut, braska, North Dakota, South Dakota, lated to MC-P 11023, published in the Massachusetts, Tennessee, Rhode Island, Utah, Wyoming, Colorado, Montana, F ederal R egister, issue of November 25, Maryland, Virginia, Wisconsin, Min­ Idaho, Oregon, Washington, and the Dis­ 1970. If a hearing is deemed necessary, nesota, Missouri, Iowa, and the District trict of Columbia. Application has been applicant requests it be held at Colum­ of Columbia. Application "has been filed filed for temporary authority under sec­ bus, Ohio. for temporary authority under section tion 210a (b ). 210a(b). N o t e : N o. MC-56082 Sub-65, is APPLICATIONS UNDER SECTIONS a matter directly related. No. MC-F-11322. Authority sought for 5 AND 210a(b) purchase by BRIGGS TRANSPORTA­ No. MC-F-11318. Authority sought for The following applications are gov­ TION CO., 2360 West County Road C, St. purchase by SUPERIOR TRUCKING Paul, MN 55113, of the operating rights erned by the Interstate Commerce Com­ COMPANY, INC., 2770 Peyton Road, and property of LOGAN VALLEY mission’s special rules governing notice NW., Atlanta, GA 30321, of a portion of TRANSFER, INC., Lyons, Nebr. 68038, of filing of applications by motg>r car­ the operating rights of DANIEL HAMM and for acquisition by GEORGE E. riers of property or passengers under DRAYAGE COMPANY, 121 Tyler Street, BRIGGS and MICHAEL P. WARD- sections 5(a) and 210a(b) of the Inter­ St. Louis, MO 63102, and for acquisition WELL, both also of 2360 West County state Commerce Act and certain other by SPECIALIZED SERVICES, INC., also Road C, St. Paul, MN 55113, of control of proceedings with respect thereto (49 of Atlanta, Ga., of control of such rights such rights and property through the CFR 1100.240). through the purchase. Applicants’ attor­ purchase. Applicants’ attorneys: Einar M otor C arrier op P assengers neys: Guy H. Postell, 3384 Peachtree Viren, 904 City National Bank Building, Road NW., Atlanta, GA 30326 and Omaha, Nebr. 68102 and Earl H. Scud- No. MC-F-11319. Authority sought for Ernest A. Brooks II, 1301 Ambassador purchase by JAMES RIVER BUS LINES, der, Jr., Post Office Box 82028, Lincoln, Building, St. Louis, Mo. 63101. Operating NE 68501. Operating rights sought to be 310 North Main Street, Blackstone, VA rights sought to be transferred: Com­ 23824, of a portion of the operating transferred: General commodities, ex­ modities, the transportation of which be­ cept those of unusual value, classes A rights of GREYHOUND LINES, INC., cause of size, weight, or shape require and B explosives, household goods as 1400 West Third Street, Cleveland, OH the use of special handling (except pipe, defined by the Commission, commodities 44113, and for acquisition by J. H. pipeline machinery, equipment, and sup­ in bulk, and commodities requiring spe­ RAND AND X. C. HAMMOCK, both of plies incidental to and used in connec­ cial equipment, as a common carrier over 310 North Main Street, Blackstone, VA tion with the construction, operation, re­ regular routes, between Lyons, Nebr., and 23824, of control of such rights through pair, servicing, and dismantling of pipe­ Omaha, Nebr., serving the intermediate the purchase. Applicants’ attorneys: An­ lines and the stringing or picking up and offroute points of Okland, Craig, thony P. Carr, 1400 West Third Street, thereof), as a common carrier over ir­ Tekamah, and Bertha, Nebr., and Coun­ Cleveland, OH 44113 and John C. G od-v regular routes, between Cairo and Hart­ cil Bluffs, Iowa, between Lyons, Nebr., din, 200 West Grace Street, Richmond, ford, HI., Paducah, Ky., and St. Charles, and Sioux City, Iowa, serving all inter­ VA 23220. Operating rights sought to be Mo., and points in Missouri on the east mediate points; and general commodi­ transferred: In MC-1501 Sub-172 and of a line beginning at the Mississippi ties, except those of unusual value, MC-1501 Sub-211 (now assigned MC- River and extending along U.S. Highway classes A and B explosives, household 1515 Sub-8 , but unissued), covering the 67 to junction U.S. Bypass Highway 67, goods as defined by the Commission, transportation of passengers, as a com­ thence along U.S. Bypass Highway to commodities in bulk, and commodities mon carrier, in interstate commerce, junction U.S. Highway 61, thence along requiring special equipment, over irreg­ within the State of Virginia. Vendee is U.S. Highway 61 to Missouri-Arkansas ular routes, between Lyons, Nebr., ana authorized to operate as a common car­ State line, on the one hand, and, on the points within 30 miles thereof (except rier in Virginia, Maryland, Pennsylvania, other, points in Louisiana, Oklahoma, those points north or east of U.S. High­ North Carolina, South Carolina, West and Texas (except airplanes and airplane way 275), on the one hand, and, on tne Virginia, and the District of Columbia. parts, not including engines, between other, Sioux City, Iowa, between Lyons, Application has not been field for tem­ Grand Prairie and Garland, Tex., on the Nebr., and points within 30 miles thereox, porary authority under section 210a(b). one hand, and, on the other, St. Louis, on the one hand, and, on the otne ,

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 NOTICES 19143 No. MC 119880 (Sub-No. 48 TA), filed Council Bluffs, Iowa, Vendee is author­ Box 160. Applicant’s representative: Al­ bert P. Barber (same address as above). September 16, 1971. Applicant: DRUM ized to operate as a common carrier in TRANSPORT, INC., Box 2056, 616 Chi­ Minnesota, Illinois, Wisconsin, Iowa, Authority sought to operate as a common Nebraska, Indiana, and Missouri, Ap^ carrier, by motor vehicle, over irregular cago Street, East Peoria, IL 61611. Au­ routes, transporting: Folding tent camp­ thority sought to operate as a common plication has been filed for temporary carrier, by motor vehicle, over irregular authority under section 210a(b). ers, designed to be drawn by passenger automobiles, in truckaway service, from routes, transporting: Alcoholic liquid, No MC-F-11323. Authority sought for Knoxville, Term., to points in the United in bulk, in tank vehicles, from Lawrence- control by PUBLIC FREIGHT SYS­ States (except Alaska and Hawaii), for burg, Ind., Louisville, Ky., Peoria, 111., TEM 1400 East Fourth Street, Los An­ 180 days. Supporting shipper: Camel and Schenley, Pa., to Fresno, Calif., for geles,’ CA 90033, of MILLAGE TRUCK­ Manufacturing Co., 329 South Central, 180 days. Supporting shipper: Schenley ING, INC., 1729 Chapin Road, Monte­ Knoxville, Tenn. 37902 (Ben D. Bower, Distillers, Inc., 36 East Fourth Street, bello, CA 90640, and for acquisition by Vice President). Send protests to: Dis­ Cincinnati, OH 45202. Send protests to: ROBERT H. FULLER, also of Los An­ trict Supervisor Lyle D. Heifer, Interstate Raymond E. Mauk, District Supervisor, geles, Calif. 90033, of control of such Commerce Commission, Bureau of Oper­ Interstate Commerce Commission, Bu­ rights through the transaction. Appli­ ations, 135 West Well3 Street, Room 807, reau of Operations, Everett McKinley cants’ attorney and representative: Bart Milwaukee, WI 53203. Dirksen Building, 219 South Dearborn P Wade, 453 South Spring Street, Los Street, Room 1086, Chicago, IL 60604. Angeles, CA 90013 and A. Michael Bern­ No. MC 103993 (Sub-No. 664 T A ), filed September 16, 1971. Applicant: MOR­ No. MC 126291 (Sub-No. 15 T A ), filed stein, 1327 United Bank Building, Phoe­ September 17,1971. Applicant: QUIRION nix, Ariz. 85012. Operating rights sought GAN DRIVE AWAY, INC., 2800 West to be controlled: Under a certificate of Lexington Avenue, Elkhart, IN 46514. TRANSPORT, INC., La Guadeloupe Ct. registration, in Docket No. MC—121319 Applicant’s representative: Ralph H. Frontenac, PQ, Canada. Applicant’s rep­ Sub-1, covering the transportation of Miller (same address as above). Author­ resentative: Frank J. Weiner, 6 Beacon general commodities, as a common car­ ity sought to operate as a common car­ Street, Boston, MA 02108. Authority rier, in interstate commerce, within the rier, by motor vehicle, over irregular sought to operate as a common carrier, State of California. PUBLIC FREIGHT routes, transporting: Trailers, designed by motor vehicle, over irregular routes, SYSTEM is authorized to operate as a to be drawn by passenger automobiles, in transporting: Woodpulp board, from common carrier in California. Applica­ initial movements, from points in Middle­ Lawrence, Mass., to the port of entry on tion has been filed for temporary sex County, N.J., to points in the United the international boundary lines, be­ tween the United States and Canada at authority. States (except Alaska and Hawaii), for 180 days. Supporting shipper: Inter­ Rouses Point, N.Y., for 150 days. Sup­ By the Commission. modular Structures, Inc., 381 Blair Road, porting shipper: Graphic Finishers, Inc., 905 Munck Industrial Park, Chomedey [seal] R obert L. O s w a l d , Woodbridge (Avenel), NJ 07001. Send Secretary. protests to: Acting District Supervisor East, Laval, PQ, Canada. Send protests J. H. Ryden, Interstate Commerce Com­ to: District Supervisor Ross J. Seymour, [PR Doc.71-14309 Piled 9-28-71:8:47 am] mission, Bureau of Operations, Room Bureau of Operations, Interstate Com­ 204, 345 West Wayne Street, Fort Wayne, merce Commission, 424 Federal Building, [Notice 370] IN 46802. Concord, N.H. 03301. MOTOR CARRIER TEMPORARY No. MC 113828 (Sub-No. 194 T A ), filed No. MC 128215 (Sub-No. 6 TA), filed September 17,1971. Applicant: O’BOYLE September 16,1971. Applicant: MARTIN AUTHORITY APPLICATIONS TANK LINES, INCORPORATED, Post TRAILER TOTERS, INC., 4038 Jeffer­ S eptember 22,1971. Office Box 30006, Washington, DC 20014, son Highway, New Orleans, LA 70121. The following are notices of filing of Office: 5320 Marinelli Drive, Industrial Applicant’s representative: Zamoff O. applications for temporary authority un­ Park, Rockville, MD 20852. Applicant’s Samford, West 10th Street, Bogalusa, LA der section 210a(a) of the Interstate representative: Michael A. Grimm, Post 70427. Authority sought to operate as Commerce Act provided for under the Office Box 30006, Washington, DC 20014. a common carrier, by motor vehicle, over new rules of Ex Parte No. MC-67 (49 Authority sought to operate as a common irregular routes, transporting: Trailers, CPR Part 1131), published iri the F ederal carrier, by motor vehicle, over irregular designed to be drawn by passenger auto­ Register, issue of April 27,1965, effective routes, transporting: Cement mill stack mobiles, in initial movements, from July 1,1965. These rules provide that pro­ dust, in bulk, from Martinsburg, W. Va., plantsite o f . Guerdon Industries, Inc., tests to the granting of an application to Baltimore, Md., for 180 days. Support­ near Greenwood, Miss., to points in Lou­ must be filed with the field official named ing shipper: Capitol Cement Co., a divi­ isiana, Arkansas, Alabama, Tennessee, in the F ederal R egister publication, sion of Martin Marietta, Post Office Box and Missouri, for 150 days. Supporting within 15 calendar days after the date 5618, Baltimore, MD 21210. Send pro­ shipper: Leflore Homes, a division of of notice of the filing of the application tests to: Robert D. Caldwell, District Guerdon Industries, Inc., Greenwood, is published in the F ederal R egister. One Supervisor, Interstate Commerce Com­ Miss. Send protests to: Paul D. Collins, copy of such protests must be served on mission, Bureau of Operations, 12th and District Supervisor, Interstate Commerce the applicant, or its authorized repre­ Constitution Avenue NW„ Washington, Commission, Bureau of Operations, sentative, if any, and the protests must DC 20423. Room T-4009 Federal Building, 701 Loy­ certify that such service has been made. No. MC 118142 (Sub-No. 40 TA), filed ola Avenue, New Orleans, LA 70113. The protests must be specific as to the September 16, 1971. Applicant: M. No. MC 129600 (Sub-No. 4 TA), filed service which such protestant can and BRUENGER & CO., INC., 6330 North September 17, 1971. Applicant: POLAR will offer, and must consist of a signed Broadway, Wichita, KS 67219. Authority TRANSPORT, INC., 27 York Avenue, original and six copies. sought to operate as a common carrier, Randolph, MA 02368. Applicant’s rep­ A copy of the application is on file, and by motor vehicle, over irregular routes, resentative: Frank J. Weiner, 6 Beacon can be examined at the Office of the Sec­ transporting: Cheese and dried whey, Street, Boston, MA 02108. Authority retary, Interstate Commerce Commission, from Russell Springs, Tompkinsville, sought to operate as a contract carrier, Washington, D.C., and also in field office Herrodsburg.and Cynthiana, Ky„ to St. by motor vehicle, over irregular routes, to which protests are to be transmitted. Louis, Mo., and/or Neosho, Mo., for 120 transporting: (1) Oleomargarine, may­ M otor C arriers of P roperty days. Supporting shipper: Cudahy Co., onnaise, salad dressing, sandwich No. MC 30837 (Sub-No. 444 TA), filed Box C, Neosho, Mo. 64850. Send protests spreads, relish spreads, mustard, cole September 17, 1971. Applicant: Ke- to: M. E. Taylor, District Supervisor, slaw dressing, puddings, table sauces, nosha a n t o transportation Interstate Commerce Commission, Bu­ advertising matter and premiums; (a) CORPORATION, 4200 39th Avenue, reau of Operations, 501 Petroleum Build­ from Baltimore, Md., to points in Con­ Kenosha, WI 53140, Mailing: Post Office ing, Wichita, Kans. 67202. necticut, District of Columbia, Delaware,

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 19144 NOTICES

Georgia, Maine, Massachusetts, Michi­ Fayette, Ohio; (3) returned shipments of Manufacturing, Inc., Post Office Box 308, gan, New Hampshire, New Jersey, New steel tubing and articles fabricated from Hammond, LA 70401. Send protests to: York, Ohio, Pennsylvania, Rhode Island, steel tubing, from the destinations named Paul D. Collins, District Supervisor, In­ Virginia, and Vermont; (b) from Atlanta, in (1 ) and (2 ) above to the named ori­ terstate Commerce Commission, Bureau Ga., to points in Alabama, Arkansas, Flor­ gins; and (4) materials, equipment and of Operations, Room T-4009, Federal ida, Illinois, Indiana, Iowa, Kentucky, supplies used in the manufacture and Building, 701 Loyola Avenue, New Louisiana, Maryland, Mississippi, Mis­ distribution of steel tubing (a) from the Orleans, LA 70113. souri, North Carolina, Ohio, South Caro­ plant and warehouse sites of Continental lina, Tennessee, Virginia, West Virginia, Tube Co. at Bellwood, 111., Eau Claire, No. MC 136002 TA, filed September 16, and Wisconsin; (2) plastic articles, car­ Mich., and (b) from the plant and ware­ 1971. Applicant: DANIELSON AVIA­ tons, sleeves, glass jars, metal containers house sites of Michigan Tube Co. at Eau TION, INC., Danielson Airport, Daniel­ and caps, powdered milk, granulated Claire, Mich., to Bellwood, 111., for 180 son, Conn. 06239. Applicant’s represent­ sugar, frozen eggs, salts, wrapping paper, days. Supporting shippers: Continental ative : Reubin Kaminsky, Society Plaza, foil, and pallets; (a) from points in Con­ Tube Co., 2401 Grant Avenue, Bellwood, Suite 211, 342 North Main Street, West necticut, District of Columbia, Delaware, IL; Michigan Tube Co., Eau Claire, Mich. Hartford CT 06117. Authority sought to Georgia, Maine, Massachusetts, Michi­ Send protests to: District Supervisor operate as a common carrier, by motor gan, New Hampshire, New Jersey, New Raymond E. Mauk, Interstate Commerce vehicle, over irregular routes, transport­ York, Ohio, Pennsylvania, Rhode Island, Commission, Bureau of Operations, Room ing: General commodities, except dan­ Virginia, and Vermont to Baltimore, Md.; 1086, Everett McKinley Dirksen Building, gerous explosives, household goods as (b) from points in Alabama, Arkansas, 219 South Dearborn Street, Chicago, IL defined in “Practices of Motor Common Florida, Illinois, Indiana, Iowa, Ken­ 60604. Carriers of Household Goods,” 17 M.C.C. tucky, Louisiana, Mississippi, Missouri, 467, commodities in bulk, commodities North Carolina, Ohio, South Carolina, No. MC 134477 (Sub-No. 14 TA), requiring special equipment, commodi­ Tennessee, Virginia, West Virginia, and filed September 16, 1971. Applicant: ties contaminating to other lading, and Wisconsin, to Atlanta, Ga. Restriction: SCHANNO TRANSPORTATION, INC., articles of unusual value, between Brook- ’ The operations authorized herein are 5 West Mendota Road, West St. Paul, MN 13m, Canterbury, Eastford, Griswold, limited to a transportation service to be 55118. Applicant’s representative: Paul Killingly, Lisbon, Plainfield, Pomfret, performed under a continuing contract Schanno (same address as above). Au­ Putnam, Sprague, Sterling, Thompson, or contracts, with J. H. Filbert, Inc., for thority sought to operate as a common and Woodstock, Conn., on the one hand, 180 days. Supporting shipper: J. H. Fil­ carrier, by motor vehicle, over irregular and, on the other, Bradley International bert, Inc., 3701 Southwestern Boulevard, routes, transporting: Meat and meat Airport, Windsor Locks, Conn., restricted Baltimore, MD 21229. Send protests to: products, cooked, cured or preserved, to traffic having an immediately prior or John B. Thomas, District Supervisor, frozen, from Lakeville, Minn., to Laurens subsequent movement by air, for 180 Interstate Commerce Commission, Bu­ and Sioux City, Iowa, for 180 days. days. Supported by : There are approxi­ reau of Operations, J. F. K. Federal Supporting Shipper: Round Up Prod­ mately 16 supporting shippers to this Building, Room 2211-B, Government ucts, Inc., 21150 Hamburg, Lakeville, MN instant application whose names and Center, Boston, MA 02203. 55044. Send Protests to: A. N. Spath, Dis­ addresses may be obtained from the trict Supervior, Bureau of Operations, Hartford Field Office. Send protests to: No. MC 134387 (Sub-No. 6 TA), filed Interstate Commerce Commission, 448 District Supervisor David J. Kieman, In­ September 16, 1971. Applicant: BLACK­ Federal Building and U.S. Court House, terstate Commerce Commission, Bureau BURN TRUCK LINES, INC., 4998 Bran- 110 South Fourth St., Minneapolis, MN of Operations, 324 U.S. Post Office Build­ yon Street, South Gate, CA 90280. Appli­ 55401. ing, 135 High Street, Hartford, CT 06101. cant’s representative: W. Knapp, 825 City National Bank Building, 606 South Olive No. MC 134872 (Sub-No. 3 TA), By the Commission. filed September 17, 1971. Applicant: Street, Los Angeles, CA 90014. Authority [ seal] R obert L. O swald, sought to operate as a common carrier, GOSSELIN EXPRESS, LTD., 141 Smith Secretary. Boulevard, Thetford Mines, PQ, Canada. by motor vehicle, over irregular routes, [FR Doc.7 l-rl4310 Filed 9-28-71;8:48 am] transporting: Metal cans and can ends, Applicant’s representative: John J. from points in Los Angeles and Alameda Brady, Jr., 75 State Street, Albany, NY Counties, Calif., to Seattle, Tacoma, and 12207. Authority sought to operate as a [Notice 756] common carrier, by motor vehicle, over Olympia, Wash., and Portland, Oreg. MOTOR CARRIER TRANSFER Supporting shipper: Reynolds Metals Co., irregular routes, transporting: Snow­ 500 Crenshaw Boulevard, Post Office Box mobiles, from Denver, Colo., to ports of PROCEEDINGS entry on the international boundary line 3129, Torrance, CA 90510. Send pro­ S eptember 24, 1971. tests to: District Supervisor Walter W. between the United States and Canada located in Michigan, for 120 days. Sup­ Synopses of orders entered pursuant to Strakosch, Interstate Commerce Com­ section 212(b) of the Interstate Com­ mission, Bureau of Operations, Room porting shipper: Chaparral of Canada, Drummondville, Quebec, Canada. Send merce Act, and rules and regulations pre­ 7708, Federal Building, 300 North Los scribed thereunder (49 CFR Part 1132), Angeles Street, Los Angeles, CA 90012. protests to: District Supervisor Ross J. Seymour, Bureau of Operations, Inter­ appear below: No. MC 134452 (Sub-No. 2 TA), filed state Commerce Commission, 424 Federal As provided in the Commission’s spe­ September 17,1971. Applicant: EUREKA Building, Concord, NH 03301. cial rules of practice any interested CARTAGE COMPANY, INC., 5821 West person may file a petition seeking re­ Ogden Avenue, Cicero, IL 60650. Appli­ No. MC 135839 (Sub-No. 1 TA), filed consideration of the following numbered September 16,1971. Applicant: B. LINES cant’s representative: William H. Towle, proceedings within 20 days from the date 127 North Dearborn Street, Chicago, IL SERVICES, INC., Post Office Box 24, of publication of this notice. Pursuant 60602. Authority sought to operate as a South Main Street, Greensburg, LA to section 17(8) of the Interstate Com­ contract carrier, by motor vehicle, over 70441. Applicant’s representative: W. merce Act, the filing of such a petition irregular routes transporting: (1) Steel High Sibley (same address as above). will postpone the effective date of the tubing and articles fabricated from steel Authority sought to operate as a contract order in that proceeding pending its dis­ tubing, from the plant and warehouse carrier, by motor vehicle, over irregular position. The matters relied up°n_W sites of Michigan Tube Co. at Eau Claire, routes, transporting: (1) Iron or steel petitioners must be specified in their Mich., to Norwalk and Fayette, Ohio; ball valves and valve parts; (2 ) rough petitions with particularity. iron or steel castings and/or forgings, Bell wood, 111., and Adrian and Cassopolis, No. MC-FC-73045. By order of Septem­ Mich.; (2) steel tubing and articles fabri­ from TK Valve and Manufacturing, Inc., cated from steel tubing, from the plant between Hammond, La., on the one hand, ber 23,1971, the Motor Carrier Board ap­ and warehouse sites of Continental Tube and, on the other, Beaumont, Houston, proved the transfer to Frederick «• Co. at Bellwood, HI., to Eau Claire, Adrian Lufkin, and San Antonio, Tex., for 180 LaPenna, Bangor, Pa., of the operating and Cassopolis, Mich., and Norwalk and days. Supporting shipper: TK Valve and rights in certificate No. MC-8119 issue

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 NOTICES 19145

April 12, 1949, to Vito Fioriglio, Bangor, NOTICE OF FILING OF MOTOR tion should be addressed to the State of pa., authorizing the transportation of CARRIER INTRASTATE APPLICATIONS Utah Department of Business Regula­ slate from Bangor, Pa., and points in tion, 330 East Fourth South, Salt Lake Pennsylvania within 25 miles of Bangor, S eptember 24, 1971. City, UT 84111, and should not be di­ to points in Connecticut, New York, New The following applications for motor rected to the Interstate Commerce Jersey, Maryland, Virginia, Delaware, common carrier authority to operate in Commission. and the District of Columbia. Philip S. intrastate commerce seek concurrent State Docket No. MC 23190 (Sub- Ruggiero, 31 South First Street, Bangor, motor carrier authorization in interstate No. 2), filed September 14, 1971. Appli­ PA 18013, attorney for applicants. or foreign commerce within the limits of cant: OKMULGEE EXPRESS, INC., No. MC-FC-73153. By order of Sep­ the intrastate authority sought, pursuant 8202 East 41st Street, Tulsa, OK 74145. tember 23, 1971, the Motor Carrier to section 206(a)(6) of the Interstate Applicant’s representative: Rufus H. Board approved the transfer to Kahan Commerce Act, as amended October 15, Lawson, 24 Northwest 23d Street, Post Delivery Service, Inc., 3974 Page Avenue, 1962. These applications are governed by Office Box 75124, Oklahoma City, OK St. Louis, MO 63113, of the operating § 1.245 of the Commission’s rules of 73107. Certificate of public convenience rights in certificate No. MC-667 issued practice, published in the F ederal and necessity sought to operate a freight July 11, 1956, to Rose Kahan and Meyer R egister, issue of April 11, 1963, page service over regular routes as follows: Kahan, a partnership, doing business as 3533, which provides, among other Transportation of General commodities, Harry Kahan Film Delivery Service, 3974 things, that protests and requests for between Tulsa, Okla., and Muskogee, Page Avenue, St. Louis, MO 63113, au­ information concerning the time and Okla., serving all intermediate points thorizing the transportation of bakery place of State Commission hearings or except Bixby, Okla., from Tulsa, Okla., products, films, and flowers, to and from, other proceedings, a n y subsequent via U.S. Highway 64 to Muskogee, Okla., and between, named points in Illinois and changes therein, any other related and return over the same route. Between Missouri. matters shall be directed to the State Tulsa, Okla., and Muskogee, Okla., as an Commission with which the application is alternate route only, serving no inter­ No. MC-FC-73163. By order of Sep­ mediate points, from Tulsa, Okla., via tember 23,1971, the Motor Carrier Board filed and shall not be addressed to or filed with the Interstate Commerce State Highway 51 to its intersection with approved the transfer to Ronald Muskogee Turnpike, thence via Musko­ Schneider and Donald Schneider, doing Commission. State Docket Case No. 5859 (Sub- gee Turnpike to its intersection with business as Schneider’s Iron & Metal Co., U.S. Highway 69, thence via U.S. High­ Iron Mountain, Mich., of a portion of No. 2), filed September 8 , 1971. Appli­ cant: FOUR CORNERS TRUCK SERV­ way 69 to Muskogee, Okla., and return certificate No. MC-128430 issued July 5, over the same route. Serving the towns 1967 to Koch-Krueger Trucking Co., Inc., ICE, INC., Post Office Box 37, Orem, UT Billion, Wis., authorizing the transporta­ 84057. Applicant’s representative: Irene o f: Tulsa, Leonard, Stone Bluff, Haskell, Warr, 419 Judge Building, Salt Lake and Muskogee, and the off-route points tion of: Pig iron, from Green Bay, Wis., of Jamesville, Yahola, and Taft, Okla. to Menomenee and Iron Mountain, Mich., City, Utah 84111. Certificate of public Eugene E. Behling, Attorney, 105 South convenience and necessity sought to Both intrastate and interstate authority sought. Main Street, Oconto Falls, WI 54154. operate a freight service as follows: Transportation of General commodities HEARING: October 18, 1971, at 9 a.m„ No. MC-FC-73185. By order of Sep­ (excluding petroleum and petroleum in the Commission’s Courtroom, Third tember 23,1971, the Motor Carrier Board products, in bulk, in tank vehicles, acids Floor, Jim Thorpe Office Building, Okla­ approved the transfer to Abe Lurie Park­ and chemicals in bulk, in tank vehicles, homa City, Okla. Requests for procedural way Vans, Inc., Brooklyn, N.Y., of certifi­ and commodities the transportation of information including the time for fil­ cate No. MC-104130, issued December 20, which because of size and weight require ing protests concerning this application 1950, to Abe Lurie and Harold Lurie, a the use of special equipment): (A) Be­ should be addressed to the Corporation partnership, doing business as Abe Lurie tween Salt Lake City, Utah, and Bland- Commission of Oklahoma, Third Floor, Parkway Vans, Brooklyn, N.Y., au­ ing, Utah, serving all intermediate and Jim Thorpe Office Building, Oklahoma thorizing the transportation of: Office off-route points in Utah County, and all City, Okla., and should not be directed furniture, hospital equipment, and store intermediate and off-route points in to the Interstate Commerce Commission. furniture (used, uncrated only), and Grand and San Juan Counties, over household goods (used, uncrated only), State Docket No. A 52781, filed July 30, regular routes as follows: From Salt 1971. Applicant: WALTON DRAYAGE & over irregular routes, between New York, Lake City, Utah, over Interstate 15 to N.Y., on the one hand, and, on the other, WAREHOUSE CO., INC., 8707 San Le­ the exit southwest of Springville, Utah, andro Street, Oakland, CA 94621. Appli­ points in New York, New Jersey, and which connects with U.S. Highways 50 Connecticut, and specified areas in Penn­ cant’s representative: Daniel W. Baker, and 6 ; thence over U.S. Highways 50 and 405 Montgomery Street, Suite 1401, San sylvania and Maryland, and those in the 6 and 89 to Thistle, Utah; thence over District of Columbia, traversing Dela­ Francisco, CA 94104. Certificate of public U.S. Highways 50 and 6 to Crescent ware for operating convenience only. convenience and necessity sought to op­ Junction; thence over U.S. Highway 163 erate a freight service as follows: Morris Honig, 150 Broadway, New York, to Blanding, Utah, and return over the NY 10038, attorney for applicants. Transportation of general commodities, same route; (also from Thistle over U.S. except the following: (a) Used house­ No. MC-FC-73200. By order of Sep­ Highway 89 to Salina, Utah; thence over hold goods and personal effects not tember 23, 1971, the Motor Carrier Board Interstate 70 to Crescent Junction; packed in accordance with the crated approved the transfer to American thence over U.S. Highway 163 to Bland­ property requirements; (b) livestock; Parcel Service, Inc., Greensboro, N.C., of ing, Utah, and return over the same (c) commodities requiring the use of spe­ Permit No. 127264 (Sub-No. 1), issued route). Restricted, however, against cial refrigeration or temperature control January 24, 1969, to Robert B. Thorburn, transportation of traffic moving between in specially designed and constructed doing business as American Parcel Serv­ Salt Lake City, Utah, on the one hand, refrigerator equipment; (d) liquids, com­ ice, authorizing the transportation of: and points in Utah County on the other pressed gases, commodities in semiplastic toilet preparations, cosmetics, tooth hand; and restricted against service to form and commodities in suspension in brushes, insecticides and household and from points in the city of Greenriver liquids in bulk, in tank trucks, tank sprays, from Greensboro, N.C., to points when such points are in Emery County. trailers, tank semitrailers or a combina­ 111 specified North Carolina counties, (B) Between points and places in San tion of such highway vehicles; (e) com­ restricted to service to be performed Juan and Grand Counties, Utah, over modities when transported in bulk in under a continuing contract, or con­ irregular routes. Both intrastate and dump trucks or in hopper-type trucks; tracts, with Avon Products, Inc., Robert interstate authority sought. (f) commodities when transported in M. Ward, 4411 Harvard Avenue, Greens­ Hearing: November 4, 1971, at motor vehicles equipped for mechanical boro, NC 27407, attorney for applicants. 10 o’clock a.m., at 330 East Fourth South, mixing in transit; (g) logs; (h) fresh [seal] R obert L. O swald, Salt Lake City, UT. Requests for proce­ fruits and vegetables; (i) articles of Secretary. dural information including the time for extraordinary value. Between all points [PR Doc.71-14311 Filed 9 -2 8 -7 1 ; 8:48 am]" filing protests concerning this applica­ on and within 10 miles of the points and

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 19146 NOTICES places on the following routes: (a) U.S. BICYCLES FROM WEST GERMANY make written submissions and to present Highway 101 between Novato and Gilroy, oral views in connection with the tenta­ inclusive; (b) State Highway 17 between Determination of Sales at Less Than tive determination. Presentations were San Rafael and San Jose, inclusive; (c) Fair Value made by representatives for the com­ Interstate Highway 80 between San Information was received on April 16, plainant and by an attorney for the Francisco and Vallejo, inclusive; (d) 1970, that bicycles from West Germany Japanese manufacturers. State Highway 4 between Pinole and were being sold at less than fair value Upon review of all information sub­ junction with U.S. Highway 50 near within the meaning of the Antidumping mitted and for the reasons stated in the Livermore, thence via said U.S. Highway Act, 1921, as amended (19 U.S.C. 160 tentative determination, I hereby deter­ 50 to Livermore, inclusive; (e) State et seq.) (referred to in this notice as the mine that door locks and latches from Highway 24 between Oakland and -Anti­ “Act” ) . Japan are not being, or likely to be, sold och, inclusive; (f) Interstate Highway at less than fair value (section 2 0 1 (a) of 580 between Oakland and Livermore, in­ A “Withholding of Appraisement Notice” issued by the Commissioner of the Act; 19 U.S.C. 160(a)). clusive; (g) Interstate Highway 680 be­ This determination is published pur­ Customs was published in the F ederal tween Vallejo and Warm Springs, suant to section 201(c) of the Act (19 inclusive. In performing the service R egister of June 30, 1971. I hereby determine that for the reasons U.S.C. 160(c)) and § 153.33(c), Customs herein authorized, applicant may make regulations (19 CFR 153.33(c)). use of any and all streets, roads, high­ stated below, bicycles from West ways, and bridges necessary or conven­ Germany are being, or are likely to be, [ seal] E ugene T. R ossides, ient for the performance of said service. sold at less than fair value within the Assistant Secretary Both intrastate and interstate authority meaning of section 201(a) of the Act. of the Treasury. sought. Statement of reasons on which this [FR Doc.71-14400 Filed 9-28-71;9:39 am] HEARING: No hearing set. Requests determination is based. The information for procedural information including the currently before the Bureau reveals that time for filing protests concerning this the proper basis of comparison is between TUBELESS TIRE VALVES FROM application should be addressed to the purchase price or exporter’s sales price, CANADA as appropriate, and home market price Public Utilities Commission, State of Determination of Sales at Less Than California, State Building, Civic Center, of such or similar merchandise. 455 Golden Gate Avenue, San Fran­ Purchase price was calculated by Fair Value cisco, CA 94102, and should not be di­ deducting inland freight, insurance, and storage and handling from the f .o.b. price September 27,1971. rected to the Interstate Commerce Information was received on July 20, Commission. for exportation to the United States. Exporter’s sales price was calculated by 1970, that tubless tire valves from Canada By the Commission. deducting from the resale price to U.S. ware being sold at less than fair value within the meaning of the Antidumping [ seal] R obert L. O sw a l d , purchasers by a related firm selling Act, 1921, as amended (19 U.S.C. 160 et Secretary. expenses, duty, Customs brokerage, insurance, ocean freight, foreign inland seq.) (referred to in this notice as “the [FR Doc.71-14313 Filed 9-28-71;8:48 am] freight, storage and handling, and Act” ) . miscellaneous charges. A “Withholding of Appraisement No­ Home market price was based on a tice” issued by the Commissioner of DEPARTMENT OF THE TREASURY delivered price with deductions for Customs was published in the F e d e r a l inland freight and discounts. Adjust­ R egister of June 29, 1971. Office of the Secretary ments were made for accessories, produc­ I hereby determine that for the rea­ sons stated below, tubless tire valves BICYCLE TIRES AND INNER TUBES tion cost differential, selling expenses, and packing cost. from Canada are being, or are likely to FROM JAPAN Purchase price or exporter’s sales be, sold at less than fair value within the price, as appropriate, was found to be meaning of section 201(a) of the Act. Notice of Discontinuance of Statement of reasons on which this Antidumping Investigation lower than the home market price of such or similar merchandise. determination is based. Information cur­ S eptember 27,1971. The U.S. Tariff Commission is being rently before the Bureau reveals that the proper basis of comparison is between On June 29, 1971, there was published advised of this determination. purchase price and home market price of in the Federal R egister a “Notice of In­ This determination is being published tent To Discontinue Antidumping In­ pursuant to section 201(c) of the Act such or similar merchandise. Purchase price was calculated by vestigation” of bicycle tires and inner (19 U.S.C. 160(c)). deducting, from the duty-paid delivered tubes from Japan. [ seal] E ugene T . R ossides, price to the United States, inland freight The statement of reasons for intending Assistant Secretary charges, the included U.S. duty, and to discontinue this investigation was pub­ of the Treasury. warehouse fees when applicable. Cana­ lished in the above-mentioned notice, dian sales tax and Canadian duty rebates and interested parties were afforded an [FR Doc.71-14399 Filed 9-28-71;9:39 am] on raw materials refunded or not col­ opportunity to make written submissions lected by reason of the exportation of and to present oral views in connection DOOR LOCKS AND LATCHES FROM the merchandise were added back. with the intended action. JAPAN The home market price was calculated Presentations were made by the attor­ on the basis of a weighted-average deli­ neys for both the complainant and the Determination of Sales at Not Less vered price. Adjustments were made for Japanese manufacturers. Upon review of Than Fair Value packing, sales commissions, and delivery these presentations and for the reasons costs. September 27, 1971. stated in the “Notice of Intent To Discon­ Purchase price was lower than the ad­ tinue Antidumping Investigation,” I On June 29, 1971, there was published justed home market price by amounts hereby discontinue the antidumping in­ in the F ederal R egister a “Notice of that were more than minimal in rela­ vestigation of bicycle tires and inner Tentative Negative Determination” that tion to the total volume of sales. tubes from Japan. door locks and latches from Japan are not The U.S. Tariff Commission is being This “Notice of Discontinuance of being, nor likely to be, sold at less than advised of this determination. Antidumping Investigation” is published fair value within the meaning of section This determination is being published pursuant to § 153.15(b) of the Customs 201(a) of the Antidumping Act, 1921, as pursuant to section 201(c) of the Act (19 Regulations (19 CFR 153.15(b)). amended (19 U.S.C. 160(a)) (referred to U.S.C. 160(c)). in this notice as the “Act” ) . [ seal] E ugene T . R ossides, The statement of reasons for the ten­ [ seal] E ugene T. R ossides, Assistant Secretary tative determination was published in the Assistant Secretary of the Treasury. above-mentioned notice and interested of the Treasury. [FR Doc.71-44401 Filed 9-28-71;9:39 am] parties were afforded an opportunity to [FR Doc.71-14398 Filed 9-28-71;9:39 am]

FEDERAL REGISTER, VOL. 36, NO. 189— WEDNESDAY, SEPTEMBER 29, 1971 FEDERAL REGISTER 19147

CUMULATIVE LIST OF PARTS AFFECTED— SEPTEMBER

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 September.

Page Page 7 CFR— Continued Page 9 CFR— Continued 3 CFR 991___ :______18781 78 18784 Proclamations : 993______18853 97______18716 3044 (seeE O 11620) 19063 999______18781 P roposed R u l e s : 4077 ------17557 ______19009 1001______— 317______- ______18583 4078 ______17559 ______19010 18453 1002— ------319______18959 4079 ______1004______17491,19010 18711 4080------1015______19010 4081 ______18849 ______17492 10 CFR 19003 1050______4082 ______1068______1. 18853 2______18173 4083 ______19005 ______17817 18071,18301,18716 19061 1079______50______4084 ______1106______17492 70______17573 Executive O rders: 1133______18854 140____ ... ______17979 ______18300 ______18173 6143 (revoked in part by PLO 1421______170______1446______18060, 18637 5127)______19027 ______18713 6276 (revoked in part by PLO 1473.,______— 12 CFR 1701______19069 5127)______19027 __ . . . 17818 222______18785, 18945, 18946 6583 (revoked in part by PLO 1802______1803 ______17832 265_.______18373 5127)______19027 ______18062 524______17564 8927 (revoked in part by PLO 1804 ______1809______18854 545______17564, 17980 5131)___ —______19028 ______18069 701— . ______18637 10713 (amended by E O 11618) _ 18365 1814.______1863______17833 702______— ______18637 11010 (see EO 11618)______18365 ______17833 706 ______18637 11228 (sëeEO 11619)______18943 1864—______1865 ______17840 707 ______18637 11263 (seeEO 11618)______18365 ______17841 708— ______18637 11395 (seeEO 11618)— _____ 18365 1866 ______1867______17843 709 ______18637 11615 (amended by EO 11617). 17813 710 ______18637 P roposed R ules 11617 ______17813 711 ------*»- ______18637 11618 ______18365 101______17579 715______18637 11619 ______18943 271 ______18213 720______18637 11620 ______19063 272 ______18213 722______18322, 18412 P roposed R u l e s : _____18082 5 CFR 724 ______;______18198 9______725 ______18000 222______17514,18427 213______— ______17483, 726 ______18198 700______19041 17484, 17561, 17815, 17816, 17979, 728 ______18322 18455, 18713, 18945, 19011, 19113 729 ______17872 13 CFR 294______18455 775______18322 550______17816 906______. 18001,19036,19119 107______- ____ — - 18858 910_____— ______17579 121— ______17492 7 CFR 927______18473 P roposed R u l e s : 21______19007 929______17875, 18413 121______17514, 19093 42______18455 932______18085 51 ______19065 946______17875,18956 52 ______18777,18851 948______18002 14 CFR 210______18173, 19065 966______, 18095, 18212, 18656 25______- _____ 18716 220______19066 971______18656, 18870 29______18716 989______18958, 18959 37______18716 301. ______18367, 18779 993______17579 39______17493, 354. ______17484 999______18323 17494,17847-17849, 18190, 18301, 701. ______18289, 18945 1001______17580 18302, 18373, 18461, 18462, 18508, 718. ______17485 1002 — ______17580 18638, 18639, 18785, 18786, 18859, 775. ______17643 1004..______17580 19075,19114 792. — ______17561 1007______18413 61______17495 831. — __ 18298 1015______17580, 17586 63______i ______17495 871. ------19067 1068______18474 71______17495, 876. ------i______19007 1124______18531 17496, 17575, 17643, 17644, 17849, 905. ------18371, 18372, 18635, 18780 1133______17588 18076, 18077, 18191-18193, 18302, 906. ------;_____ 19007 1421______18323, 18473, 19035 18303, 18463, 18508-18511, 18575, 908. — 17563,18059,18507, 18851,19008 1464______17874, 18473 18639, 18640, 18725, 18786, 19011, 910. ______17485, 19012,19076,19077,19115 17816, 17979, 18299, 18459, 18636, 8 CFR 73_____ 18193, 18511, 18512, 18725, 19077 18713,18852,19008 214______18300, 18460 75______17849,18575,18576, 18726 911. ------— 18636 238______18784 91______17495,18304,18716 929. ------18852 245______. . . 18784 95______18512 931. 97______;_____ 17575, 18193, 18577 ------— 18059, 18780 P roposed R u l e s : 932. ______19113 121— x______17495,18716 214______18870 945. ------. . . 17816 123______17495 946. ------. . . ______18852 9 CFR 127______17495 948. ------18299,19113 135______. . . 17495, 18716 958. ------1781775______18507 207______:______18787 981. ------18372, 18781 76______17844,18461,18858 208— ______17644, 18787 19148 FEDERAL REGISTER Page 14 CFR—Continued Page 20 CFR 26 CFR—Continued Pase 214 ______- 18787 405____ 18643 250 ------19017 241—______422__ 19115______18948 251 ------19017 P roposed R ules: P roposed R ules: P roposed R u l e s : 1 — — ______19091 405______18696 1------17863, 36— ______— 18584 18012, 18214, 18316, 18667, 18750 39__ 17512,18476,18532, 18800, 18801 18870 47______19125 21 CFR 13------18012,18214 71______— 17513, 1______18377 211------19033 17588, 17589, 17653-17655, 17876, 3 18377 301...... 18677,19035 18109, 18110, 18214, 18476, 18533, 18751, 18801, 18802, 18872, 19036, m i::::”— i— :::: t 8~37~7~, 19077,19078 130—____ 18378 28 CFR 19037,19092,19125 132 ______18378 73— ______17876 21______17506 133 ______18378 51______18186 121—______18802 135______18378, 18726 135______— - 18425 201 ______18280, 18952 202______18111 135a______18078 135b______18726 207 ______17655 135c—______18726,18787 29 CFR 208 ______17655 141______19013 212_____ 17655 202 ______19117 214______* _____17655, 18754 141a______17644 1903______17850 141c______17645 1910______18080 249______18754 372______;______17655 144______— ______18394, 19078 1911___:______17506 146______18395 1241— ______- 18221 146a...... 17644,18395 P roposed R u le s : 146c______17645 12______18007 15 CFR 148w______19013 93______19119 373______— ...... — 18640 191______17645, 18643 520______18871 601______19037 P roposed R ules: 301______18728 302— ______18731 606______— 19037 7_____ 18095 303______18731 613______19037 304— ______18731 616______19037 16 CFR 305______s______18732 670______19037 1______18788 306-______— 18732 675______19037 13______17982-17995,18515-18524,19012 307- ______18733 677 ______19037 252______18078 308______18733,19116 678 ______19037 311______— ____ 18734 688 ______— 19037 P roposed R ules: 420______17646, 689 ______19037 435______19092 18078-18080, 18174, 18175, 19079 690 ______19037 720______19037 Proposed R ules : 17 CFR 727______19037 3______18098,18871 1518______19083 150______19117 19______18800 1910______- 19083 201______- 19077 27______18098 240_____ 18641 31______18098 30 CFR P roposed R ules: 121______:______19089 125______18098 Proposed R ules: 1______18000, 18870, 19081 146a______17653 ___ 18800 230____ — 18586,18592,18593,19042 270 ______146e_____ 17653 400 ______„ 17546 239______18586, 18592, 18593 295______17512,18012,19124 240 ...... — ...... 19042 301:_____ 18582 31 CFR 249 ______18594 308______18582, 18749 250 1 ______i______19042 202______17995 270______19042 208 _ _ 17996 275______— 19042 22 CFR 41 ______17496 32 CFR 18 CFR 46— ______-,______18643 i ß « ______18464 2______- ______17576,18373, 18643 180 _ 17996 141______18947 24 CFR 1 QQ _ _ 17508 _ 18861 P roposed R ules: 4______17496 9.14 201______;______18788 1451 _ 18395 — ______18221 2 241______17506 _ 18395 154______18323 1452 Ch. Ill______18525,18952,19018 1452 18395 157______18323 _ 18395 1909 ______18176 145*1 260______17665 _ 18395 18477 1910 ______18179 1460 601______18396 1911 ______— 18182 1461 1912 ______18184 1 18396 19 CFR 1913 ______:______18185 1drj9 " ______18396 i______18304 1914___ 17647,18185,18463,18644, 19019 1474 ______18396 4______18949 1915 ___ 17648,18186, 18464,18645,19020 1475------" 1 ...... 18396 12- ______18859 P roposed R ules: 153______19013 1476------' ------18397 207______18583 477 ------— ...... 18397 P roposed R ules: 221______18583 1498------1 8 3 9 ! 1______17579 6______18582 ; 3 n o ------X8861 14______19081 26 CFR P roposed R ules: 19______18410 1______18788, 18791,18950 _ 19093 24______17653 13...... 18788 1467______1 ------FEDERAL REGISTER 19149

Page 32A CFR 41 CFR— Continued 43 CFR—Continued Page OEP (Ch. I ) : 114-25______19026 3045______18799 ES Reg. 1---- 17651, 19029 114-26______17996 3104______18799 Circ. 6------______17510 114-27______19026 3200__ *.______^______18799 Circ. 7__----- ___ — 17577 114-47______17509 Circ. 8------___ _ 17651 P roposed R ules: 45 CFR Circ. 9------_____ 17861 14-7______— 18531 Circ. 10------_____ 17998 15— ______18838 Circ. 11—— _____ 18314 P roposed R u l e s : Circ. 12______18471 42 CFR Circ. 13______18528 37______x______17577 15—______18800 Circ. 14_¿— ___ _ 18654 59______18465 116______18500 Circ. 15------_____ 18867 5 9 a „______18306 252______18106 Circ. 16______19030 73______18795 Circ. 101______18739 78______18645, 18646 46 CFR Proposed R u l e s : 458______18622 Ch. X ______18084, 18750 459 ______18622 P roposed R u l e s : 460 ______18622 281______19081 33 CFR 461 ______18625 543______19092 462 ______18625 503.______18214 92______463 ______18526 __ 18626 117______17854, 510______18214 464 _ 18626 543______18214 17855, 18526, 18527, 18861, 18952 465 ______18628 204 ______19020, 19079 P roposed R ules: 205 _ 19020 47 CFR 208 ______1799675______19089 209 ______17855 466______17514 0______18649 2______18307 Proposed R u l e s : 43 CFR 13______18649 117______18531 21______18652 209______18798 2800______18953 63______18307 2810______18953 73______18308, 18652 35 CFR P ublic Land O rders : 89______18080,18652,18653 5------______17509 1120 (revoked in part by PLO 91______18080, 18652 5128)______19027 93______18080,18652 1229: 36 CFR P roposed R u l e s : Modified by PLO 5125______18648 211______18794 Modified by PLO 5132______19029 1 ______17589, 18873 2578 (modified by PLO 5117) i18£80 2 ______18660 37 CFR 3529 (revoked by PLO 5130) „ 19028 15______17589, 18656 Proposed R u l e s : 3795 (see PLO 5126)____ 19027 2 1 — ______18660 2______18002 3815 (revoked by PLO 5130) „ 19028 73______18657, 4096 (revoked by PLO 5130) „ 19028 18661, 18664, 18665, 18873, 19040 38 CFR 4116 (revoked by PLO 5130)— 19028 81______18660 4582 (see PLO 5112)______18579 87------*.______18660 o______4651 (revoked by PLO 5110) — 18578 89______18660,18873 2______4962 (see PLO 5112)______18579 91______18660, 18873, 19040 3______93______18660,18873 6____ 5044 (corrected by PLO 5118) _ 18580 8...... 5065 (corrected by PLO 5113) _ 18579 5069 (corrected by PLO 5120) _ 18580 13_____ 49 CFR 17__ 5072 (amended by PLO 5129) 19028 5081 (see PLO 5112)______18579 171______;_____ 17649, 18468 21____ 172—______18468 36___ 5107______18470 5110— — ______18578 173 ------18468 5111 ------18578 174 ------18468 39 CFR 5112 ------18579 177 ______18468 262__ 5113 ------18579 178 --- 18468 5114 ------18579 179 ------18468 192______18194 41 CFR 5115______18580 5116— ------______18646 Ch. Ill______17845,18400 l - i ___ 5117 ------___ 18580 392 ____ 18862 5A-1_ 5118 ______18580 393 ------18400, 18862 5A-2_ 5119 ______18580 395______18400 5A-72 5120 ______18580 397_------18470 5A-76 5121 ------18647 571------18402, 19029 5122 ------18648 574------18581 5123 ------18648 601______18402 8—12_ 5124 ------.______18648 1033------18403, 18528, 18954, 18955 8-16 5125 ------18648 1048------18735,18736 ------17K7 fl 5126 ------___ 19027 1104______18309 9-7 __ 5127— ------2 ____ 19027 1201______17847 14 9 ------1.018305 ovo 5128 ------19027 P roposed R u l e s : 5129 ------19028 :14 ^o ------179------18873 . . 0------1 RRflS 5130 ------19028 ------1 QQfifi 5131 ------19028 391------18426 14-30. 5132 ______19029 393------17513, 18426 571------19037 ------Î9Ï2Ï P roposed R u l e s : » ■ * - ...... ; ------— - " “ } 575------18751 2800— ______19119 Ch. X ------19125 inT^O------18398 2810------19119 1048------17514 ...... —------17648 3000______18799 1252------19125

No. 189------g 19150 FEDERAL REGISTER

Page 50 CFR Page 50 CFR— Continued 50 CFR— Continued Page 10______— 17565,17857,19079 31 ______17998 33______17572,17998 32______17510, 25 ______17997 17569-17572, 17650, 17651, 17858- 260______18738 26 ______17998 17861, 18195-18197, 18313, 18314, P roposed R u l e s : 28 ___ 1______— 17858, 18865,18866 18404, 18470, 18471, 185S0, 18581, 29 ______17998 18737, 18797, 18866, 18867, 19080 32------18473

LIST OF FEDERAL REGISTER PAGES AND DATES— SEPTEMBER

Pages Date Pages vate Pages Date 17477-17549______Sept. 1 18167-18281______Sept. 10 18707-18770______— ...... Sept. 21 17551-17636______2 18283-18357______11 18771-18842______22 18843-18936______23 17637-17805______3 18359-18446______14 18447-18502______15 18937-18995______24 17807-17972____ 4 18503-18567,______16 18997-19054______25 17973-18051______8 18569-18628______17 19055-19107______28 18053-18165______9 18629-18705______18 19109-19150______29

PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES CONTENTS • Messages to the Congress • Public speeches and letters • The President's news conferences • Radio and television reports to the American people • Remarks to informal groups

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