FEDERAL REGISTER VOLUME 35 • NUMBER 129 Friday, July 3,1970 • Washington, D.C. Pages 10827-10884

Agencies in this issue— Agricultural Stabilization and Conservation Service Agriculture Department Army Department Atomic Energy Commission Civil Aeronautics Board Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Deposit Insurance Corporation Federal Highway Administration Federal Maritime Commission Federal Reserve System Fiscal Service Food and Drug Administration Hazardous Materials Regulations Board Interagency Textile Administrative Committee Internal Revenue Service Interstate Commerce Commission Land Management Bureau Mines Bureau Narcotics and Dangerous Drugs Bureau Public Health Service Securities and Exchange Commission Tariff Commission Detailed list of Contents appears inside. Latest Edition Guide to Record Retention Requirements

[Revised as of January 1, 1970]

This useful reference tool is designed they must be kept. Each digest carries to keep businessmen and the general a reference to the full text of the basic public informed concerning the many law or regulation providing for such published requirements in Federal laws, retention. - and regulations relating to record retention. The booklet’s index, numbering over 2,200 items, lists for ready reference The 89-page “Guide” contains about 1,000 digests which tell the user (1) the categories of persons, companies, what type records must be kept, (2) and products affected by Federal who must keep them, and (3) . how long record retention requirements.

Price: $1.00

Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration i Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402

r m m X ■ aS ® ïir ’f ’IC T 'rrt Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or rrllrn/ll 1i n |lg4|||\||'|f on the day after an official Federal holiday), by the Office of the Federal Register, National “ Archives and Records Service, General Services Administration, Washington, D.O. 20408, Area Code 202 Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. . The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o p F ederal R egulations, which is published, under 50 titles, pursuan to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code o p F ederal R egulations is sold by the Superintenden of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code of F ederal R egulations. Contents

AGRICULTURAL STABILIZATION DEFENSE DEPARTMENT Notices AND CONSERVATION SERVICE See Army Department. Certain drugs for human use; withdrawal of approval of new- Rules and Regulations FEDERAL AVIATION drug applications (2 docu­ Flue-cured tobacco; marketing ments)______10872, 10873 quotas and referendum results— 10838 ADMINISTRATION Imperial Chemical Industries, Rules and Regulations Ltd.; petition for food addi­ Notices tives ______10873 Notices or referendum regarding: Airworthiness directives;- Beech Whitmoyer Laboratories, Inc.; Flue-cured tobacco------10870 Models 35, 50, 65 and 95 Series withdrawal of petition for food W h ea t______10870 airplanes______10855 VOR Federal airway special air additives ______10873 AGRICULTURE DEPARTMENT traffic ru le.______10856 HAZARDOUS MATERIALS See also Agricultural Stabilization REGULATIONS BOARD and Conservation Service; Com­ FEDERAL COMMUNICATIONS modity Credit Corporation; COMMISSION Rules and Regulations Consumer and Marketing Notices Change in shipping name and re­ Service. Overseas communications; future moval of authorization to ship Rules and Regulations licensing of facilities______10873 or transport dry dime thy lhex- Limitation on imports of meats- 10837 Hearings, etc.: ane dihydroperoxide______10858 Selection and functions of Exec Air, Inc., and St. Joseph Agricultural Stabilization and Flying Service, Inc______10874 HEALTH, EDUCATION, AND Conservation County and Com­ Prescott T.V. Booster Club, Inc. 10874 WELFARE DEPARTMENT munity committees.______10831 See Food and Drug Administra­ Notices FEDERAL DEPOSIT INSURANCE tion; Public Health Service. Meat import limitations; third CORPORATION INTERAGENCY TEXTILE quarterly estimates..______10870 Proposed Rule Making Mississippi; designation of areas Interest on deposits______10868 ADMINISTRATIVE COMMITTEE for emergency loans.______10870 Notices ARMY DEPARTMENT FEDERAL HIGHWAY Certain cotton textiles and cotton ADMINISTRATION textile products produced or Rules and Regulations manufactured in Columbia; en­ Army reserve______10847 Rules and Regulations try or withdrawal from ware­ Motor carrier safety regulations; house for consumption___ _ 1087,5 ATOMIC ENERGY COMMISSION miscellaneous amendments___ 10859 Notices INTERIOR DEPARTMENT Duquesne Light Co., et al; is­ FEDERAL MARITIME See Land Management Bureau; suance of construction permit. 10871 COMMISSION Mines Bureau. Westinghouse Electric Corp.; is­ Rules and Regulations suance of facility license INTERNAL REVENUE SERVICE amendment______10871 Free time and demurrage charges on export cargo______10858 Proposed Rule Making CIVIL AERONAUTICS BOARD Actuarial tables and interest fac­ FEDERAL RESERVE SYSTEM tors; revision______10862 Notices Hearings, etc.: Rules and Regulations INTERSTATE COMMERCE American Airlines, Inc______10871 Reserves of member banks; in­ COMMISSION terest on deposits______10846 Medallion Air Freight C orp... 10872 Notices Notices COMMODITY CREDIT Fourth section applications for First Banc Group of Ohio, Inc.; relief (2 documents)______10877 CORPORATION approval of acquisition of bank Motor carrier: Rules and Regulations stock by bank holding com­ Temporary authority applica­ pany ------10875 Rye loan and purchase program; tions (2 documents)__ 10877-10881 1970 crop------_____ 10842 T ra n s fe r proceedings (2 FISCAL SERVICE documents)______10883 Notices CONSUMER AND MARKETING JUSTICE DEPARTMENT SERVICE Olympic Insurance Company, Los Angeles, California; termina­ See Narcotics and Dangerous Rules and Regulations tion of authority to qualify as Drugs Bureau. Avocados grown in South Florida; surety on Federal bonds__ _ 10869 expenses, and rate of assess- LAND MANAGEMENT BUREAU TrSfnt I------—— ------10840 FOOD AND DRUG Notices *sn. Potatoes, grown in certain ADMINISTRATION Alaska; classification of lands for designated counties in Idaho and multiple-use management___ ._ 10869 Malheur County, Oreg.; ship- Rules and Regulations Oregon; proposed classification of Antibiotics intended for use in lands for multiple-use man­ ment limitations.______10840 laboratory diagnosis^.______10857 Lemons grown in California and New jmimal drugs for implanta­ agement ______10870 rizona; handling limitations_ 10840 tion or injection.______10856 (Continued on next page) 10829 10830 CONTENTS

MINES BUREAU PUBLIC HEALTH SERVICE TRANSPORTATION DEPARTMENT Proposed Rule Making Rules and Regulations See Federal Aviation Administra­ Underground coal mines; manda­ Records and reports______10855 tion; Federal Highway Admin­ tory safety standards______10867 istration; Hazardous Materials SECURITIES AND EXCHANGE Regulations Board. NARCOTICS AND DANGEROUS COMMISSION DRUGS BUREAU Notices TREASURY DEPARTMENT Rules and Regulations Capital Investment Company of See Fiscal Service; Internal Reve­ Meprobamate; exemption of cer­ Washington; filing of appli­ tain combination drugs------10857 cation ______10876 nue Service. TARIFF COMMISSION Notices Ion Corp.; petition for determi­ nation of eligibility to apply for adjustment assistance------10877

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 at the end 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, 1970, and specifies how they are affected.

7 CFR 14 CFR 32 CFR 7— 10831 39______10855 561-______—-1______10847 20 — 10837 93______10856 725- 1083a 42 CFR 910- 10840 21 CFR 78______10855 915- 10856 945- 10840Í25ÍÍ 135b—— 10857 46 CFR 1421 10842 320_____ 10857 541______!______:______10858 12 CFR 26 CFR 49 CFR 204...... 10846 P roposed R ules: 172 10858 217______10846 20______10862 173. 10858 P roposed R u l e s: 25______— 10862 392 10859 329______10868 _ _ ___ 393 10859 30 CFR P roposed R u l e s: 75______— 10867

v 10831 Rules and Regulations

R emoval F rom Offic e or E m plo y m en t § 7.5 Who may vote for community com­ Title 7— AGRICULTURE Sec. mitteemen and delegates. 7.28 County and community committee­ (a) Any person, regardless of race, Subtitle A— Office of the Secretary of men, delegates to county conven­ color, religion, sex, or national origin, Agriculture tion. 7.29 County office personnel. who has an interest in a farm as owner, 7.30 Delegation of authority to Deputy Ad­ tenant, or sharecropper and who is of PART 7— SELECTION AND FUNCTIONS ministrator. legal voting age in the State in which the OF AGRICULTURAL STABILIZATION 7.31 Right of review. farm is located, and any person not of AND CONSERVATION COUNTY Custody and Use o f B o o k s, R ecords, and such legal voting age who is in charge of AND COMMUNITY COMMITTEES D ocum ents the supervision and conduct of the farm­ ing operations on an entire farm, shall be By virtue of the authority vested in Sec. eligible to vote for community commit­ the Secretary of Agriculture by the Soil 7.32 Custody. teemen and delegates in the community Conservation and Domestic Allotment 7.33 Use. in which he has such an interest if any Act of 1936, as amended, the regulations G eneral P rovisions one or more of the following is appli­ governing the selection and functions of 7.34 Administrative operations. cable; Agricultural Stabilization and Conserva­ 7.35 Implementation. (1) A payment or grant of conserva­ tion County and Community Committees 7.36 Applicability. tion materials or services is or will be are hereby consolidated and reissued, as 7.37 Secretary, Administrator, or Deputy made with respect to the farm under the set forth below. They supersede all previ­ Administrator, not precluded from current agricultural conservation pro­ ous regulations relating to the selection exercising authority. gram or there is being carried out on the and functions of county and community Au t h o r it y : The provisions of this Part 7, farm one or more of the current program committees which have been published in Issued under sec. 4, 8, 49 Stat. 164, 1149, as practices approved for the State by the Part. 7, Subtitle A, 7 CFR, and shall be amended; 16 U.S.C. 590d, 590h (b ). State Agricultural Stabilization and Con­ in force and effect until amended or N ames of Committees servation Committee, referred to in this superseded by regulations hereafter part as the “State committee”; made. §7.1 Local or community committee. (2) A marketing quota or acreage al­ Names of Co m m ittees Sec. Each local committee elected under the lotment is currently established for the 7.1 Local or community committee. provisions of this part shall be known farm; 7.2 County committee. as the Agricultural Stabilization and (3) Such person is eligible for a co-op­ Conservation Community Committee, re­ erator’s loan or other price support with P urpose op C o m m ittees ferred to in this part as the “community respect to the farm; 7.3 Purpose. committee.” (4) Such person is eligible for a pay­ ment under the Sugar Act program with Selection of Com m ittees § 7.2 County committee. respect to the farm; 7.4 Method. Each county committee elected under (5) Such person is eligible for a pay­ 7.5 Who may vote for community com­ the provisions of this part shall be known ment under the National Wool Act pro­ mitteemen and delegates. 7.6 Restrictions on voting. as the Agricultural Stabilization and gram with respect to the farm; or 7.7 Determination of elective areas. Conservation County Committee, re­ (6) Such person is eligible to 7.8 Calling of elections. ferred to in this part as the “county participate with respect to the farm in 7.9 Conduct of community elections. committee.” any other program administered by the 7.10 Conduct of county convention. county committee. 7.11 Election of community committee and P urpose of Committees (b) In any State having a commu­ delegates to the county convention. § 7.3 Purpose. nity property law, the spouse of a person 7.12 Election of the county committee. 7.13 Tie votes. The purpose of the county committee who is eligible to vote under paragraph 7.14 Vacancies. shall be to direct the administration of (a) of this section shall also be eligible 7.14a Appeals. sections 7 to 17, inclusive, of the Soil to vote. (c) The term “person” as used in this Eligibility R equirements Conservation and Domestic Allotment Act of 1936, the Agricultural Adjustment section means an individual, partner­ 7.15 County committeeman, community Act of 1938, the Sugar Act of 1948 except ship, association, corporation, estate, cominitteeman, and delegates. trust, other businéss enterprise or legal 7.16 All other personnel. in the State of Hawaii, the Soil Bank 7.17 Dual office. Act, and any amendments to such acts, entity, or a State, political subdivision of such other acts of Congress as the Secre­ a State or any agency thereof. T erm s op Offic e tary of Agriculture or the Congress may (d) The vote may be cast by: 7.18 County and community committee­ designate, and to perform such other (1) An individual for himself. men. functions as may be designated by the (2) A duly authorized partner of a 719 Delegates to the county convention. Secretary. This shall be done through partnership for the partnership. Du ties community committees and committee­ (3) A duly authorized officer of a cor­ 7.20 County committee. * men and other personnel responsible to poration for the corporation. 7 oo Chairman of the county committee. the county committee, and in accordance (4) A guardian who is legally ap­ ^•22 Community committee. with applicable laws, regulations, and of­ pointed for a minor or incompetent ■ 3 Chairman of the community commit­ ficial instructions. The county and com­ person. tee. munity committees shall not engage in 7 ok delegate to the county convention. (5) A duly authorized representative <•25 County executive director. any other activity. of any other eligible voter entity, except an individual. Private Bu sin e ss Activity and Co n flicts S election of Committees op I nterests § 7.4 Method. (e) Each county office shall have a 7-26 All personnel. prepared list of eligible voters for each County and community committees community within the county available P olitical Activity shall be elected in accordance with the for public inspection in advance of the 7.27 All personnel. provisions of this part. election.

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10832 RULES AND REGULATIONS

§ 7.6 Restrictions on voting. where eligible voters may vote, when and invalidate sjuch election or require a spe­ Each eligible voter shall be entitled to where the votes will be counted, and the cial election to elect additional alter­ only one vote on any one ballot in any right to witness the vote counting. nates. » election held in any one community. If (d) All nominees shall be notified in (b) In any county where there is only the eligible voter has an interest in a writing of the outcome of the election by one community, the community commit­ farm in more than one community in the the county executive director. tee shall be the county committee. county, such voter shall not be entitled § 7.10 Conduct of county convention. (c) Where there is only one com­ to vote in more than one such commu­ (a) The county committee serving atmunity in the county, at the first election nity in the county. There shall be no the time shall be responsible for desig­ held on or after January 1, 1965, one voting by proxy. nating the place at which the county committeeman shall be elected to hold § 7.7 Determination of elective areas. convention for the election of the county office for a term of 3 years or until his committee will be held and for the con­ successor is elected and qualified, one Each county shall be divided into local duct of the convention in accordance committeeman shall be elected to hold administrative areas, referred to in this with official instructions issued by the office for a term of 2 years or until his subpart as “communities.” The term Deputy Administrator, which shall be successor is elected and qualified, and “county” in Alaska shall be the area so available for examination in each county one committeeman shall be elected to designated by the State committee. The office. hold office for a term of 1 year or until boundaries of the communities shall be (b) To prevent endorsement of any his successor is elected and qualified. At fixed by the State committee after con­ nongovernmental function either di­ each annual election held thereafter, one sidering any recommendations by the rectly or indirectly by association or committeeman shall be elected to hold county committee. No such community implication, county conventions shall office for a term of 3 years or until his shall include more than one county or not be associated with or held in con­ successor is elected and qualified, so that parts of different counties. The county junction with any other election or the term of office of one committeeman committee shall give public notice of the referendum conducted for any other will expire in each year. There shall also community boundaries in advance of the purpose. be elected annually a first alternate and election. (c) The county committee shall give second alternate to serve as acting mem­ § 7.8 C alling o f elections. advance public notice of the county con­ bers in the order elected in case of the vention. It shall be open to the public^ temporary absence of a member or to (a) Each election of community com­ (d) The county executive director become a member in the order elected in mitteemen shall be held on a date or shall notify in writing all newly elected the case of resignation, disqualification, within a period of time fixed by the county committee members, alternates, removal, or death of any member of the Deputy Administrator, State and County and county committeemen with unex­ committee. In the event an alternate filll Operations, Agricultural Stabilization pired terms, of the election results. a permanent vacancy on the committee, and Conservation Service (called “Dep­ he shall not thereby assume the unex­ uty Administrator” in this part) which § 7.11 Election of community committee pired term of the committeeman he re­ will in his judgment best afford full op­ and delegates to the county conven­ placed. An acting member shall have the portunity for participation therein by all tion. same duties and authority as a member. persons eligible to vote: Provided, That (a) Except as provided in paragraph (d) The community committee shall such date or period of time shall fall (c) of this section, the eligible voters in select a secretary who shall be either the within a period beginning on or after a community shall elect annually a com­ county agricultural extension agent for July 1 and ending not later than Decem­ munity committee composed of three the county or an employee of the county ber 30, each year. Each such election shall membérs and shall also elect first and committee. be held in accordance with detailed in­ second alternates to serve as acting structions issued by the Deputy Ad­ members of the community committee § 7.12 Election of the county committee. ministrator which shall be available for in the order elected in case of the tempo­ (a) /The delegates elected pursuant to examination in each county office. rary absence of a member, or to become § 7.11(a) shall meet in a convention held (b) If the number of eligible voters a member of the community committee before the close of the same calendar voting in any election of community in the order elected in case of the resig­ year in which they were elected to elect committeemen is so small that the State nation, disqualification, removal, or committeemen for vacancies on the committee determines that the result of death of a member. An acting member of county committee. The Deputy Adminis­ the election does not represent the views the community committee shall have the trator may fix the exact date. Each dele­ of a substantial number of eligible voters, same duties and the same authority as a gate shall be entitled to only one vote on it shall declare the election void and call member. The State committee shall ap­ any ballot, and there shall be no voting a new election. If it is determined by the prove the election method to be used, by proxy. A majority of the delegates so State commitee that the election for any which shall be either by mail, by meet­ elected and qualified to vote at the time position on a community committee has ing, or by polling place. Where elections of the convention shall constitute a not been held substantially in accord­ are by mail or by polling place, the quorum. A county committee shall con­ ance with official instructions, the State county committee shall give advance sist of three members. At the first county committee shall declare such election public notice that nominations may be convention held on or after January 1, void and call a new election. made by petition. Election shall be by 1965, one committeeman sliall be elected § 7.9 Conduct of community elections. secret ballot and by plurality vote, with to hold office for a term of 3 years or until each eligible voter having the option of his successor is elected and-qualified, one (a) The county committee serving at writing in the names of candidates of committeeman shall be elected to hold the time shall be responsible for the con­ his own choice. Except as provided in office for a term of 2 years or until his duct of the community elections for the paragraph (c) of this section, the three successor is elected and qualified, and election of community cômmittees and regular members of the community com­ one committeeman shall be elected to delegates to the county convention in ac­ mittee shall be the delegates to the hold office Tor a term of 1 year or until cordance with official instructions issued county convention and the first and his successor is elected and qualified. At by the Deputy Administrator. second alternates to the community each annual county convention held (b) To prevent endorsement of any committee shall also be in that order thereafter, one committeeman shall be nongovernmental function either directly alternate delegates to the county con­ elected to hold office for a term of 3 or indirectly by association or implica­ vention: Provided, however, That a per­ years or until his successor is elected and tion, community elections shall not be son may not serve as delegate if he has qualified, so that the term of office of one associated with or held in conjunction Been a member of the county committee committeeman will expire in each year. with any other election or referendum for that county during the 90 days pre­ conducted for any other purpose. ceding the community election. Failure (b) One member shall be elected an­ (c) The county committee shall give to elect the prescribed number of alter­ nually by the delegates as chairman, and advance public notice of how, when, and nates at the regular election shall not one member as vice chairman.

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 RULES AND REGULATIONS 10833 (c) At each convention, the delegates committee and no alternate is available embezzlement, or felony; unless any shall also elect annually a first and sec­ to fill the vacancy, the State committee such disqualification is waived by the ond alternate to the county committee to shall call a meeting of the delegates to State committee or the Deputy serve as acting members of the commit­ the county convention to elect persons Administrator. tee in the order elected in case of the to fill such vacancies as exist in the (e) Not have been removed as a temporary absence of a member, or to membership of the county committee and county committeeman, community com­ become a member in the order elected in the panel of alternates, except as pro­ mitteeman, delegate, alternate to any in case of the resignation, disqualifica-^ vided in § 7.28. such office, or as an employee for fail- tion, removal, or death of a member of (d) In the event that a vacancy, otherture to perform the duties of his office, the county committee. In the event an than one caused by temporary absence, or committing, or attempting, or con­ alternate fills a permanent vacancy on occurs in the membership of the com­ spiring to commit fraud, or incompe­ the county committee, he shall hot munity committee and no alternate is tency, or impeding the effectiveness of thereby assume the unexpired term of the available to fill the vacancy, a special any program administered in the county, committeeman he replaced. An acting election shall be held to fill such vacan­ or refusal to carry out the Department’s member of the county committee shall cies as exist in the membership and in policy relating to equal opportunity and have the same duties and authority as a the panel of alternates. civil rights, including the equal employ­ member. ment policy, or interfering with others (d) The county committee shall select § 7.14a Appeals. in carrying out such policy, or for viola­ a secretary who shall be either the county (a) Any eligible voter in the county tion of official instructions, unless such executive director or other employee of may appeal to the county committee in disqualification is waived by the State the county committee, or the county ag­ writing or in person, or both: committee or the Deputy Administrator; ricultural extension agent for the county. (1) The eligibility or ineligibility of (f) Not have been disqualified for If the county agricultural extension persons to vote, future service because of a determina­ agent is not selected secretary to the (2) The eligibility of persons to hold tion by a State committee that during county committee, he shall be ex officio a office, and previous service as a county committee­ member of the county committee but (3) The validity of the community man, community committeeman, dele­ shall not have the power to vote. committee elections. Such appeals must gate, alternate to any such office, or as be made within 15 days of the election an employee, he failed to perform the § 7 .1 3 T ie votes. date, except that appeals on a determi­ duties of his office or employment, or (a) Tie votes in community commit­ nation of eligibility of a person nomi­ he committed, attempted, or conspired tee elections may, at the discretion of the nated by petition must be made within to commit fraud, or he impeded the ef­ county committee and with the consent J.5 days of the date of notification of fectiveness of any program administered of the contestants, be settled by lot. Ex­ ineligibility. in the county, or refused to carry out cept in a one community county, if elec­ (b) Any eligible voter in the county the Department’s policy relating to equal tion is by mail or polling place and there may appeal to the State committee in opportunity and civil rights, including is a tie vote by the three regular mem­ writing, in person, or both: the equal employment policy, or inter­ bers in determining among themselves (1 ) A county committee decision on anfered with others in carrying out such who shall be chairman and who shall election appeal, and policy, or violated official instructions, be vice chairman of the committee and (2) The validity of a county conven­ unless such disqualification is waived by such tie cannot be broken by further tion. An appeal of a county committee the State committee or the Deputy balloting on the same day, it shall be decision must be made within 15 days of Administrator; broken by lot. the notification of the decision. An ap­ (g) Not be during his term of office a (b) In the county convention, tie votes peal on the validity of a county conven­ full-time employee of the U.S. Depart­ shall be broken by further balloting. tion must be made within 15 days ©f-the ment of Agriculture; county convention. (h) If the office is that of county § 7.14 Vacancies. committeeman or alternate county com­ (a) In case of a vacancy in the office E ligibility R equirements mitteeman, not have passed his 70th of chairman of a county or c om m un ity § 7.15 County committeemen, commu­ birthday by the date his term of office, committee, the respective vice chairman nity committeemen, and delegates. or new term of office begins, unless this shall become chairman; in case of a va­ To be eligible to hold office as a county provision is waived by the State cancy in the office of vice chairman, the committeeman, a community committee- committee; respective third regular member shall be­ manj a delegate, or an alternate to any (i) If the office is that of county com­ come vice chairman; in case of a vacancy such office, a person must: mitteeman, not be dining his term of in the office of the third regular mem­ (a) Be eligible to vote in the county office a sales agent or employee of the ber, the respective first alternate shall in which the election is held if proposed Federal Crop Insurance Corporation; become the third regular member; and for county committeeman or alternate (j) If the office is that of delegate to in case of a vacancy in the office of the and in the community in which the elec­ the county convention, not have been a first alternate, the respective second al­ tion is held if proposed for community county committeeman for that county ternate shall become the first alternate: committeeman or alternate; during the 90 days preceding the com­ Provided, That when unanimously rec­ munity election; ommended by the three members of the (b) Be residing in the county in which (k) If the office is that of county county committee as constituted under the election is held if. proposed for county committeeman, not be serving as a this paragraph or as constituted under committeeman; and, unless waived by county committeeman with one or more this paragraph and paragraph (c) of this the State committee, be residing in the years following the current election re­ section, and approved by the State com­ community in which the election is held maining in his term of office; mittee, the offices of chairman and vice if proposed for community committee­ (l) If the office is that of county com­ chairman of the. county committee may man: Provided, however, That in cases mitteeman, not have served three con­ be filled from such membership without where a county or community boundary secutive terms as county committeeman regard to the order of succession pre­ runs through a farm, eligible persons just prior to the current election: Pro­ scribed in this paragraph or the action residing on such farm may hold office in vided, however, That any term which of the delegates to the county convention. the county or community in which the began on or prior to January 1, 1965, or farm has been determined to be located (b) In case of a vacancy in the panel any partial year served thereafter by an for program participation purposes; alternate who filled a permanent va­ of delegates to the county convention, (c) Not be ineligible under § 7.27; fixe respective alternates shall act as cancy on the county committee, shall delegates. (d) Not have been dishonorably dis­ not count toward this three term limita­ charged from any branch of the armed tion. The tenure of office of any county ^ 111 the event that a vacancy, other services; not have been removed for committeeman, community committee­ than one caused by temporary absence, cause from any public office; not have man, delegate, or alternate to any such occurs in the membership of the county been convicted of any fraud, larceny, office, shall be terminated as soon as any

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10834 RULES AND REGULATIONS such person becomes ineligible for office (b) Community committee member­ removed under this paragraph for ad­ under the provisions of this section. ship. A member of the community com­ vocating or carrying out the Depart­ mittee may not be at the same time: ment’s policy on equal opportunity and § 7.16 All other personnel. (1) A member of a county committee; civil rights, including the equal employ­ (a) The county executive director or (2) The secretary to or the treasurer ment policy, and in the event it is any other employee must not be ineligible of a county committee; claimed that dismissal is for such reason, under § 7.27. (3) A member of the State committee; the dismissal shall not become effective (b) The county executive director and or until the State committee and the other employees must not have been dis­ (4) County executive director. Deputy Administrator have determined honorably discharged from any branch (c) Delegate to the county convention. that dismissal was not because of such of the armed services, or not have been A delegate to the county convention may reason; removed for cause from any public office, not be a member of the State committee. (c) Direct the activities of the com­ or not have been convicted of any fraud, munity committees elected in the larceny, embezzlement, or felony, unless T erms of O ffice county ; any such disqualification is waived by § 7.18 County and community commit­ (d) Pursuant to official instructions, the State committee or the Deputy teem en. review, approve, and certify forms, re­ Administrator. The terms of office of county and com­ ports, and documents requiring such (c) The county executive director or munity committeemen and alternates to action under such instructions; any other employee must not have been such office shall begin on a date fixed by (e) Recommend to the State commit­ removed as a county committeeman, the Deputy Administrator which shall tee needed changes in boundaries of community committeeman, delegate, al­ be after their election and not later than communities; ternate to any .such office, county execu­ the first working day in the next Jan­ (f ) Make available to farmers and the tive director, or other employee for uary : Provided, however, That before any public information concerning the ob­ failure to perform the duties of his office, such county committeeman or alternate jectives and operations of the programs or committing, or attempting, or con­ county committeeman may take office he administered through the county spiring to commit fraud, or incom­ shall sign a pledge that he will faith­ committee; petency, or impeding the effectiveness fully, fairly, and honestly perform to the Cg> Make available to agencies of the of any program administered in the best of his ability all of the duties devolv­ Federal Government and others infor­ county, or refusal to carry out the De­ ing on him as a committeeman. A term mation with respect to the county com­ partment’s policy relating to equal op­ of office shall continue until a successor mittee activities in accordance with portunity and civil rights, including the has been elected and qualified as pro­ instructions issued by the Deputy equal employment policy, or interfering vided in §§ 7.11 and 7.12. Administrator; with others in carrying out such policy, (h) Give public notice of the designa­ or for violation of official instructions, § 7.19 Delegates to the county conven­ tion and boundaries of each community unless such disqualification is waived by tion. within the county not less than 50 days the State committee or the Deputy The terms of office of delegates and prior to the election of community com­ Administrator. alternates to the county convention shall mitteemen and delegates; (d) The county executive director or begin immediately upon their election (i) Direct the giving of notices in ac­ any other employee must not have been and shall continue until their respective cordance with applicable regulations and disqualified for future employment be­ successors have been elected and instructions; cause of a determination by a State com­ qualified. (j) Recommend to the State commit­ mittee that during previous service as a D uties tee desirable changes in or additions to county committeeman, community com­ existing programs; mitteeman, delegate, alternate to any § 7.20 County committee. (k) Conduct such hearings and in­ such office, or as an employee, he failed The county committee, subject to the vestigations as the State committee may to perform the duties of his office or em­ general direction and supervision of the request; and ployment; or committed, attempted, or State committee, and acting through (l) Perform such other duties as may conspired to commit fraud; or impeded community committeemen and other be prescribed by the State committee. the effectiveness of any program admin­ personnel, shall be generally responsible istered in the county; or refused to carry for carrying out in the county the agri­ § 7.21 Chairman of the county commit­ out the Department’s policy relating to cultural conservation program, the price tee. equal opportunity and civil rights, in­ support programs as assigned, the acre­ The chairman of the county committee cluding the equal employment policy; or age allotment and marketing quota pro­ or the person acting in his stead shall interfered with others in carrying out grams, the wool incentive payment pro­ preside at meetings of the county com­ such policy; or violated official instruc­ gram, the programs under the Soil Bank mittee, certify such documents as may tions, unless such disqualification is Act, and, except in the State of Hawaii, require his certification, and perform waived by the State committee or the the sugar program, formulated pursuant such other duties as may be prescribed Deputy Administrator. to the acts of Congress specified in § 7.3, by the State committee. (e) The tenure of employment of any and any other program or functions as­ § 7.22 Community committee. county executive director or other em­ signed to it by the Secretary of Agricul­ ployee shall be terminated as soon as any ture,. In so doing the committee shall: The community committee shall: such person becomes ineligible for em­ (a) Enter into leasing agreements for (a) Assist the county committee in ployment under the provisions of this such office space as needed in accordance carrying out programs assigned to it; section. with prescribed procedures of the Deputy (b) Inform farmers concerning the Administrator; purposes and provisions of programs § 7 .1 7 D ual office. (b) Employ the county executive di­ being administered in the county by the (a) County committee membership. Arector, subject to standards and quali­ county committee; member of the county committee may not fications furnished by the State com­ (c) . Assist in arranging for and con­ be at the same time: mittee, to serve at the pleasure of the ducting necessary community meetings; (1) A member of a community county committee, except that incum­ and committee; bent directors shall not be removed other (2) A delegate to a county convention; than under the provisions of § 7.29, until (d) Perform such other duties as (3) The secretary to or the treasurer all members of the county committee may be assigned to it by the county of a county committee; have been in office for at least 90 days: committee. (4) A member of the State committee; Provided also, That there shall be no § 7.23 Chairman of the c o m m u n ity or employment discrimination due to race, com m ittee. (5) County executive director or any religion, color, sex, or national origin. The chairman of the community com­ other county office employee. The county executive director may not be mittee or the person acting in his stead

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 RULES AND REGULATIONS 10835 shall preside at meetings of the commu­ drainage district boards, weed control behalf of individual candidates in town­ nity committee, and perform such other district boards, or of similar boards are ship and municipal elections; duties as may be assigned to him by not ineligible to hold office or employ­ (3) Any other political purpose. the county committee. ment under this paragraph solely be­ cause of membership on such boards. R emoval F rom O ffice or E mployment § 7.24 Delegate to the county convention. ) (b) No person may be a candidate for § 7.28 County and community commit­ Each delegate shall meet with other membership on the county governing teemen, and delegates to county delegates in a county convention within body or for any Federal, State, or county convention. a period of time fixed by the Deputy office filled by an election held pursuant (a) (1) Any county committeeman, Administrator and at the place desig­ to law and hold office as a county com­ community committeeman, delegate to nated by the county committee to elect mitteeman, community committeeman, the county convention, or any alternate county committeemen for the county. delegate, alternate to any such office, or to any such office, who fails to perform § 7.25 County executive director. be employed in any capacity, except, that the duties of his office; or who commits candidates for school boards, soil con­ or attempts, or conspires to commit The county executive director shall: servation district boards, irrigation dis­ fraud; or is incompetent;, or who im­ (a) Execute the policies established by trict boards, drainage district boards, pedes the effectiveness of any program the county committee and be responsi­ "weed control district boards, or for simi­ administered in the county; or who vio­ ble for the day-to-day operations of the lar boards are not ineligible to hold of­ lates the provisions of § 7.27 (e) or (f ) ; county office; fice or employment under this paragraph or who refuses to carry out the Depart­ (b) Employ the personnel of the solely because of candidacy for such ment’s policy relating to equal oppor­ county office, in accordance with stand­ boards. tunity. and civil rights, including the ards and qualifications furnished by the (c) No person may be an officer, em­ equal employment policy; or who inter­ State committee, to serve at his pleas­ ployee, or delegate to a convention of feres with others in carrying out such ure: Provided, however, That there shall any political party or political organiza­ policy; or who violates official instruc­ be no employment discrimination due to tion and hold office as a county commit­ tions, shall be suspended by the State race, religion, color, sex, or national teeman, community committeeman, dele­ committee. Any such person who is un­ origin. An employee may not be removed gate, alternate to any such office, or be der formal investigation for any of the under this paragraph for advocating or employed in any capacity. above cited reasons may be suspended carrying out the Department’s policy on (d) The tenure of office of any county by the State committee. Any person sus­ equal opportunity and civil rights, in­ committeeman, community committee­ pended under the provisions of this para­ cluding the equal employment policy, man, delegate, alternate to any such of­ graph shall be given a written statement and in the event it is claimed that dis­ fice, or the employment of any employee, of the reasons for such action and 15 missal is for such reason, the dismissal shall be automatically terminated as days from the date of mailing in which shall not become effective until the State soon as any such person becomes ineligi­ to advise the State committee in writ­ committee and the Deputy Administra­ ble for office or employment under the ing, in person, or both, why he should be tor have determined that dismissal was provisions of paragraph (a), (b), or (c) restored to duty. not because of such reason; of this section. (2) The State committee, following (c) Receive, dispose of, and account (e) No county committeeman, com­ such further investigation as is deémed for ah funds, negotiable instruments, or munity committeeman, delegate, or al­ necessary,, shall either restore to duty or property coming into the custody of the ternate to any such office, or any em­ remove the suspended person. In the county committee; ployee shall at any time engage in the event further investigation develops (d) Serve as counsellor to the county following political activities: reasons, in addition to those disclosed in convention chairman on election pro­ (1) Solicit or receive any contribu­ the suspension notice, for the action cedures; and tions X including the sale of tiekets) for taken, the suspended person shall be (e) Supervise, under the direction of political party organizations or for a given written notification of such ad­ the county committee, the activities of candidate for political office or for any ditional reasons and 15 days from the the community committees elected in the other political purpose'in any roohi or date of mailing in which to advise the county. building used for the transaction of any State committee why he should be re­ Private B u siness A ctivity and Con­ Federal official business, or at any place stored to duty. In the event a person un­ flicts of I nterest from any other county committeeman, der suspension submits his resignation, community committeeman, delegate, or or his term expires, acceptance thereof § 7.26 All personnel. alternate to any such office or employee. shall not prevent a determination by (a) No county committeeman, com­ (2) Use official authority or influence the State committee that he would have munity committeeman, delegate, alter­ to discharge, remove, demote, or promote been removed had he remained in the nate to any such office, or any person any employee, or threaten or promise to position, and such a determination shall employed in the county office shall at any so do, for withholding or giving contri­ constitute removal within the meaning time use such office or employment to butions (including the buying or the re­ of §§ 7.15(e), 7.16(c), and 7.31. The per­ promote any private business interest. fusal to buy tickets) for political pur­ son so removed shall be given written (b) County committeemen, commu­ poses, or for supporting or opposing any notification of any such determination nity committeemen, delegates, or alter­ candidate or any political organization and the reasons therefor. nates, and any person employed in the in any primary, general, or special elec­ • (b) If in the event of suspensions or county office shall be subject to the offi­ tion for political office. vacancies there are less than two mem­ cial instructions of the Deputy Admin­ (f) No county committeeman, or al­ bers, including alternates, available to istrator issued with respect to conflicts ternate to such office, or any employee serve on the county committee, the of interest and proper conduct. on any day when entitled to pay for State committee shall designate a per­ son to administer the programs in the P olitical A ctivity services in performance of duties, and no employee who serves during a con­ county pending the exoneration or re­ § 7.27 All personnel. tinuous period of 90 days or more and moval of those under investigation, and has a regular tour of duty established in if removed, pending the election of new (a) No person may be a member of the county committee members and alter­ county governing body or hold a Federal, advance at any time, shall solicit, collect, nates. Such person may be the remain­ otate, or county office filled by an elec- receive, disburse or otherwise handle contributions of money, pledges, gifts, ing member or alternate member of the ffi1 Pursuant to law and also hold committee if available. Any person office as a county committeeman, com­ or anything of value (including the sale of tickets) made for: named by the State committee in such munity committeeman, delegate, alter­ capacity shall have full authority to nate to any such office, or be employed (1) Political party organizations; perform all duties regularly performed uj any capacity, except, that members (2) A candidate for political office in by a duly elected county committee. oi school boards, soil conservation dis­ any primary, general, or special elec­ (c) Any former county committeeman, trict boards, irrigation district boards, tion, but excluding such activities on community committeeman, delegate, or

FEDERAL No, 129------2 REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3; 1970 10836 RULES AND REGULATIONS any alternate to any such office, who vestigation as is deemed necessary shall such additional reasons and 15 days from during such term of office failed to per­ either restore to duty or remove the sus­ the date of mailing in which to advise form the duties of his office; or com­ pended person; except that, the county why he should be restored to duty. In mitted, attempted, or conspired to com­ committee may not restore a suspended the event a person under suspension sub­ mit fraud; or who impeded the effec­ person to duty without prior written ap­ mits his resignation, acceptance thereof tiveness of any program administered proval of the State committee, and upon shall not prevent a determination by the in the county; or who violated the pro­ refusal of such approval shall promptly county committee or the State committee visions of § 7.27 (e) or (f); or who re­ remove such person. Upon refusal or fail­ that he would have been removed had fused to carry out the Department’s ure of the county committee promptly he remained in the position and such a policy relating to equal opportunity and to remove the suspended person, the determination shall constitute removal civil rights, including the equal employ­ State committee shall remove such per­ within the meaning of §§ 7.15(e), 7.16(c), ment policy; or who interfered with oth­ son. In the event further investigation and 7.31. The person so removed shall be ers in carrying out such policy; or who develops reasons, in addition to those given written notification of any such violated official instructions, may be disclosed in the suspension notice, for determination and the reasons therefor. disqualified by the State committee from the action taken, the suspended person (c) Any former county executive di­ future service or employment. Before shall be given written notification of such rector or other employee who during his any such disqualification determination additional reasons and 15 days from the term of employment failed to perform is made, the State committee shall un­ date of mailing in which to advise why the duties of his employment; or who dertake such investigation as it deems he should be restored to duty. In the committed, attempted, or conspired to necessary after which the State com­ event a person under suspension submits commit fraud; or who impeded the effec­ mittee shall give the affected person a his resignation, acceptance thereof shall tiveness of any program administered in written statement of reasons for the not prevent a determination by the the county; or who violated the pro­ proposed disqualification action. Such county committee or State committee visions of § 7.27 (e) or (f); or who re­ person shall have 15 days from the date that he would have been removed had he fused to carry out the Department’s of mailing to advise in writing, in per­ remained in the position, and such a policy relating to equal opportunity and son, or both, why the action should not determination shall constitute removal civil rights, including the equal employ­ be taken. If any further investigation within the meaning of §§ 7.15(e), 7.16(c), ment policy; or who interfered with develops substantial additional reasons and 7.31. The person so removed shall be others in carrying out such policy; or for disqualification, the person involved given written notification of any such who violated official instructions, may be shall be given a written statement of determination and the reasons therefor. disqualified from future service or em­ such reasons and 15 days from the date (b) (1) Any employee, other than theployment by the State committee. Before of mailing in which to respond. county executive director, who fails to any such disqualification determination (d) Any county committeeman, com­perform the duties of his employment; or is made, the State committee shall under­ munity committeeman, delegate to the who commits, or attempts, or conspires take such investigation as it deems nec­ county convention, or any alternate to to commit fraud; or is incompetent; or essary, after which the State committee any such office, who, prior to taking his who impedes the effectiveness of any pro­ shall give the affected person a written present office, committed, or attempted gram administered in the county; or who statement of reasons for/ the proposed or conspired to commit fraud, or who violates the provisions of § 7.27 (e) or disqualification action. Such person shall impeded the effectiveness of any pro­ (f) ; or who refuses to carry out the De­ have 15 days from the date of mailing to gram administered in the county," may partment’s policy relating to equal op­ advise in writing, in person, or both, why be suspended by the State committee. portunity and civil rights, including the the action should not be taken. If any A n y such person who is under formal in­ equal employment policy; or who inter­ further investigation develops substan­ vestigation for'any of the above cited feres with others in carrying out such tial additional reasons for disqualifica­ reasons may be suspended by the State policy; or who violates official instruc­ tion, a person involved shall be given committee. The proceedings under this tions, shall be suspended by the county a written statement of such reasons and paragraph shall be the same as in para­ executive director, county committee, or 15 days from the date of mailing in which graph (a) of this section. State committee. Any employee who is to respond. under formal investigation for any of (d) Any county executive director § 7.29 County office personnel. the above cited reasons may be sus­ who, prior to taking his present office or (a) (1) Any county executive directorpended by the county executive director, employment, committed, or attempted, who fails to perform the duties of his em­ county committee or State committee. or conspired to commit fraud, or who ployment or who commits, or attempts, (2) A person suspended under the pro­ impeded the effectiveness of any program or conspires to commit fraud; or is in­ visions of this paragraph shall be given administered in the county, may be sus­ competent; or who impedes the effective­ a written statement of the reasons for pended by the county committee or State ness of any program administered in the such action and 15 days from the date committee. Any county e x e c u tiv e director county; or who violates the provisions of of mailing in which to advise the county who is under formal investigation for § 7.27 (e) or (f); or who refuses to carry committee, or the State committee if it any of the above cited reasons may be out the Department’s policy relating to made the suspension, in writing, in per­ suspended by the county committee or equal opportunity and civil rights, in­ son, or both, why he should be restored State committee. The proceedings under cluding the equal employment policy; to duty. The county committee, or the this paragraph shall be the same as in or who interferes with others in carry­ State committee if it made the suspen­ paragraph (a) of this section. ing out such policy; or who violates of­ sion, following such further investiga­ (e) Any employee, other than the ficial instructions, shall be suspended by tion as is deemed necessary, shall either county executive director, who, prior to the county committee or State commit­ restore to duty or remove the suspended taking his present office or employment, tee. A n y county executive director who person; except that, the county com­ committed, or attempted, or conspired to is under formal investigation for any of mittee may not restore a suspended per­ commit fraud, or who impeded the effec­ the above cited reasons may be suspended son to duty without prior written tiveness of any program administered by the county committee or State com­ approval of the State committee, and in the county, may be suspended by the mittee. A person suspended under the upon refusal of such approval shall county executive director, county com­ provisions of this paragraph shall be promptly remove such person. Upon mittee or State committee. Any employee given a written statement of the reasons refusal or failure of the county com­ who is under formal investigation for for such action and 15 days from the mittee promptly to remove the suspended any of the above cited reasons may be date of mailing in which to advise the person, the State committee shall remove suspended by the county executive di­ committee which made the suspension, such person. In the event further inves­ rector, county committee, or State com­ in writing, in person, or both, why he tigation develops reasons, in addition to mittee. The proceedings under this para­ should be restored to duty. those disclosed in the suspension notice, (2) The committee which made the for the action taken, the suspended per­ graph shall be the same as in paragraph suspension following such further in­ son shall be given written notification of (b) of this section.

FEDERAL REGISTER, VOL. 35, NO. T29— FRIDAY, JULY 3, 1970 RULES AND REGULATIONS 10837

§ 7.30 Delegation of authority to Deputy may prescribe. Notice of intent to make § 7.37 Secretary, Administrator, or Dep­ Administrator. any presentation under this section must uty Administrator, not precluded Notwithstanding the authority vested be filed within 30 days of the date the from exercising authority. in the State committee, a county com­ notice of removal or disqualification de­ Nothing in these regulations shall pre­ mittee, and the county executive director cision is mailed to any such person. clude the Secretary; Administrator, Ag­ by this part, the Deputy Administrator Custody and U se of B ooks, R ecords, and ricultural Stabilization and Conservation shall have authority to suspend and re­ D ocuments Service; or Deputy Administrator, State move any county committeeman, com­ and County Operations, Agricultural munity committeeman, delegate to the § 7.32 Custody. Stabilization and Conservation Service, county convention, an alternate to any (a) All books, records, and documents from administering any or all programs such office, county executive director, or of or used by the county committee in or exercising other functions delegated other county employee, for any and all of the administration of programs assigned to the community committee, county the reasons and causes authorizing such to it, or in the conduct of elections, shall committee, State committee, or any em­ suspension and removal by the State be the property of the United States De­ ployee. In exercising this authority either committee, the county committee, or partment of Agriculture and shall be the Secretary, Administrator, or Deputy the county executive director. When the maintained in good order in the county Administrator may designate a person Deputy Administrator suspends any per­ office. or persons of his choice to be in charge son hereunder he shall give a written (b) For polling and mail type elec­ with full authority to carry on the pro­ statement of the reasons for such action. tions, ballots shall remain in sealed grams or other functions without regard Any person suspended shall have 15 days boxes until the prescribed date for count­ to the committee, committees, or their from date of mailing in which to advise ing. Following the counting of ballots in employees for such period of time as he the Deputy Administrator in writing, in all types of elections, the ballots shall be may deem necessary. person, or both, why he should be re­ placed in sealed containers and retained Effective date. Publication in the F ed­ stored to duty. The Deputy Administra­ for 30 days unless otherwise determined eral R egister. tor following such further investigation by the State committee. as he deems necessary shall either re­ Signed at Washington, D.C., on store to duty or remove the suspended § 7.33 Use. June 29, 1970. The books, records, and documents person. In the event further investigation C lifford M . H ardin, develops reasons for the action taken, in referred to in § 7.33 shall be available - Secretary oJLAgriculture. addition to those disclosed in the sus­ for use and examination: pension notice, the suspended person (a) At all times by authorized repre­ [F.R. Doc. 70-8490; Filed, July 2, 1970; shall be given written notification' of sentatives of the Secretary of Agricul­ 8:46 a.m.] such additional reasons and 15 days from ture, the Administrator and Deputy Ad­ date of mailing within which to advise ministrator, Agricultural Stabilization PART 20— LIMITATION ON IMPORTS the Deputy Administrator why he should and Conservation Service; be restored to duty. (b) By State, county, and community OF MEAT committeemen, and authorized em­ § 7.31 Right of review. Subpart— Section 204 Import ployees of the State and county office in Regulations (a) Any person removed from employ­ the performance of duties assigned to Sec. ment by the county committee under them under this part, subject to any 20.1 General. the provisions of § 7.27 (e) or (f), or limitations prescribed by the Deputy Ad­ 20.2 Definitions. § 7.29 (a) or (b) shall have the right to ministrator in instructions; 20.3 Restrictions. present to the State committee reasons (c) At any reasonable time to any 20.4 Effective date. in writing, in person, or both, as to why program participant insofar as his inter­ Au t h o r it y : The provisions of this sub part he should be restored to duty. The State ests under the programs administered by issued pursuant to section 204 of the Agri­ committee may either uphold the deci­ the county committee may be affected, cultural Act of 1956, as amended (7 U.S.C. sion of the county committee or order subject to any limitations prescribed by 1854, and E .0 .11539. the person restored to duty. If the per­ the Deputy Administrator in instruc­ § 20.1 General. son removed is dissatisfied with the deci­ tions; and sion of the State committee, he may (d) To any other person only in ac­ The regulations set forth in this sub­ present the reasons in writing, in per­ cordance with instructions issued by the part are issued by the Secretary of Agri­ son, or both, to the Deputy Administra­ Deputy Administrator. culture, with the concurrence of the tor as to why he should be restored to Secretary of State and the Special Rep­ duty. The Deputy Administrator may G eneral P rovisions resentative for Trade Negotiations. The uphold the decision or order the person § 7.34 Administrative operations. regulations are to assist in carrying out restored to duty. Any person removed bilateral agreements negotiated pursuant from office or employment or disqualified The administrative operations of to section 204 of the Agricultural Act of for future office or employment by the county committees including but not 1956, as amended, with governments of State committee under the provisions limited to the following, shall be con­ foreign countries limiting the export of § 7.27 (e) and (f), § 7.28, § 7.29, or ducted, except as otherwise provided in from the respective countries and the § 7.30 shall have the right to present to these regulations, in accordance with importation into the United States of the Deputy Administrator reasons in instructions issued by the Deputy meat. By E.O. 11539, dated June 30, writing, in person, or both, as to why he Administrator : 1970, the Secretary of Agriculture was should be restored to duty or have the (a) Annual, sick, and other types of authorized, with the concurrence of the disqualification removed. The Deputy employee leave; Secretary of State and the Special Rep­ Administrator may uphold the decision (b) Location and use of county com­ resentative for Trade Negotiations, to or order the person restored to duty or mittee office; issue regulations governing the entry or order the disqualification removed. Any (c) Call, conduct, and records of withdrawal from warehouse for con­ person removed from office or employ­ county and community committee sumption in the United States of meat ment by the Deputy Administrator un­ meetings. to carry out such bilateral agreements der the provisions of § 7.30 shall have the § 7.35 Implementation. and to request the Commissioner of nght to request of the Deputy Adminis­ Customs to implement such action. The Deputy Administrator is author­ trator a reconsideration of his decision, § 20.2 Definitions. and to present reasons therefor in writ­ ized to issue instructions implementing ing, in person, or both. the regulations in this part. The following terms shall have the meaning set forth in this section: (b) Any presentation under this sec­ § 7.36 Applicability. (a) “Meat” means fresh, chilled, or tion shall be in accordance with such The regulation in this part shall apply frozen cattle meat (item 106.10 of the procedures as the Deputy Administrator to each State of the United States. Tariff Schedules of the United States)

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10838 RULES AND REGULATIONS and fresh, chilled, or frozen meat of of State and the Special Representative for the opening of the 1970 marketing sea­ goats and sheep, except lambs (item Trade Negotiations. son. As to the national marketing quota, 106.20 of the Tariff Schedules of the Sincerely, Clifford M. H ardin, national average yield goal, and national United States). Secretary of Agriculture. acreage allotment for the 1971-72 mar­ (b) “United States” means the 50 keting year, respondents preponderantly [F.R. Doc. 70-8576; Filed, July 2, 1970; recommended keeping the quota, yield States of the United States, the District 8:49 a.m.] of Columbia, and Puerto Rico. goal and allotment about the same as for the 1970-71 marketing year. § 20.3 Restrictions. Chapter VII— Agricultural Stabiliza­ Since the Act requires the holding of No meat which is the product of a referendum of Flue-cured tobacco pro­ Australia, New Zealand, or Ireland may tion and Conservation Service ducers within 30 days after the issuance be entered, or withdrawn from ware­ (Agricultural Adjustment), Depart­ of the proclamation of quotas to deter­ house, for consumption in the United ment of Agriculture mine whether the producers favor quo­ States during the remainder of the tas, and the Act requires, insofar as calendar year 1970, except direct ship­ SUBCHAPTER B— FARM MARKETING QUOTAS practicable, the mailing of farm allot­ ments of such meat destined to the AND ACREAGE ALLOTMENTS ment notices to farmers prior to the United States on an original through PART 725—-FLUE-CURED TOBACCO referendum, it is hereby found that com­ bill of lading. Appdhdix A hereto sets pliance with the 30-day effective date forth a letter to the Commissioner of Subpart— Proclamations, Determina­ provision of 5 U.S.C. 553 is impracticable Customs dated July 1, 1970, from the tions and Announcements of Na­ and contrary to the public interest. Secretary of Agriculture requesting that tional Marketing Quotas and Therefore, the proclamation, determina­ this limitation be placed in efrect. Referendum Results tions and announcements contained herein shall become effective upon the § 20.4 Effective date. Basis and purpose. Section 725.1 is date of filing with the Director, Office of The actions taken herewith have been issued pursuant to and in accordance the Federal Register. determined to involve foreign affairs with the Agricultural Adjustment Act The reserve supply level is defined in the functions of the United States. There­ of 1938, as amended, hereinafter referred Act as 105 percent of the normal supply. fore, this regulation falls within the for­ to as the Act, to proclaim national mar­ The normal supply is defined in the Act eign affairs exception to the notice and keting quotas for Flue-cured tobacco for as a normal year’s domestic consumption effective date provisions of 5 U.S.C. 553 the 1971-72, 1972-73, and 1973-74 mar­ and exports, plus 175 percent of a normal (Supp. V, 1969). This regulation shall keting years. Section 725.2 is issued, year’s domestic consumption and 65 per­ become effective upon publication in the pursuant to the Act, to determine and cent of a normal year’s exports. A normal F ederal R egister but shall not apply to announce the reserve supply level -for year’s domestic consumption is defined meat released under the provisions of Flue-cured tobacco; and to determine in the Act as the yearly average quantity section 448(b) of the Tariff Act of 1930 and announce for Flue-cured tobacco for produced in the United States and con­ (19 U.S.C. 1448(b)) prior to such date. the marketing year beginning July 1, sumed in the United States during the 1971, the amount of the national market­ 10 marketing years immediately preced­ Issued at Washington, D.C., this first ing quota; the national average yield day of July 1970. ing the marketing year in which such goal; the national acreage allotment; the consumption is determined, adjusted for C lifford M. H ardin, reserve for making corrections in farm current trends in such consumption. A Secretary of Agriculture. acreage allotments, adjusting inequities, normal year’s exports is defined in the and for establishing acreage allotments Apppendix A Act as the yearly average quantity pro­ for new farms; the national acreage duced in the United States which was H onorable M yles J. A mbrose, factor; and the national yield factor. exported from the United States during Commissioner of Customs, Since the 1970-71 marketing year is Department of the Treasury, the 10 marketing years immediately pre­ the last of the 3 consecutive years for ceding the marketing year in which siich W ashington, D.C. 20220. which marketing quotas, previously pro­ Dear M r. Am brose: Bilateral agreements exports are determined, adjusted for cur­ have been negotiated with the Governments claimed on an acreage-poundage basis, rent trends in such exports. The 10-year of Australia, New Zealand, and Ireland pur­ will be in effect, section 317(d) of the average domestic consumption during suant to section 204 of the Agricultural Act Act provides that the Secretary shall the 10 marketing years preceding the of 1956, limiting the export from the respec­ proclaim marketing quotas for Flue- 1970-71 marketing year (including esti­ tive countries and the importation into the cured tobacco on either an acreage basis mate for the 1969-70 marketing year) United States of fresh, chilled, or frozen or an acreage-poundage basis for the was 734.5 million pounds, and the 10-year cattle meat (item 106.10 of the Tariff Sched­ 1971-72, 1972-73, and 1973-74 marketing ules of the United States) and fresh, chilled, average exports during such period (in­ or frozen meat of goats and sheep, except years, whichever he determines would cluding estimate for the 1969-70 mar­ lambs (item 106.2(J Of the Tariff Schedules of result in a more effective quota. It is keting year) was 495.1 million pounds. the United States). In accordance with the hereby determined that, in view of the After adjustment for trends, a normal authority delegated by E.O. 11539, dated better supply control resulting from the year’s domestic consumption of 685.0 June 30, 1970, I am, with the concurrence acreage-poundage quota program be­ million pounds and a normal year’s ex­ of the Secretary of State and the Special ginning in 1965, a more effective quota ports of 520 million pounds appear rea­ Representative for Trade Negotiations, would result from marketing quotas on sonable, and result in a reserve supply issuing a regulation to assist in carrying out an acreage-poundage basis. these bilateral agreements. level of 2,878.9 million pounds. This regulation provides that no meat of The determinations by the Secretary The carryover of Flue-cured tobacco in the above description, the product of contained in §§ 725.1 and 725.2 have the hands of dealers and manufacturers Australia, New Zealand, or Ireland, may be been made on the basis of the latest and under Government loan on July 1. entered, or withdrawn from warehouse, for available statistics of the Federal Gov­ 1970 are estimated at 1,953 million consumption in the United States during the ernment. Due consideration has been pounds, farm sales weight. The 1970 remainder of the calendar year 1970 except given data, views, and recommendations crop is currently estimated at 1,082 mil­ direct shipments of such meat destined to received from Flue-cured tobacco pro­ lion pounds. The sum of these, 3,035 mil­ the United States on an original through bill of lading. A copy of the regulation, which ducers and others pursuant to a notice lion pounds, represents the total supply will be published in the F ederal R egister, (35 F.R. 7075) given in accordance with of Flue-cured tobacco for the 1970-71 is enclosed. the provisions of 5 U.S.C. 553. Respond­ marketing year. Compared with present In accordance with E.O. 11539, you are ents to the notice preponderantly rec­ estimates for the 1969-70 marketing year requested to take such action as is necessary ommended the proclamation of quotas on of 650 million pounds for domestic utili­ to implement this regulation. This request is an acreage-poundage basis and holding zation and 550 million pounds for export, made with the concurrence of the Secretary the referendum at polling places before it is estimated that 640 million pounds of

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 RULES AND REGULATIONS 10839

Flue-cured tobacco will be utilized in the one kind of tobacco for purposes, of the domestic consumption of 685.0 million United States during the 1970-71 mar­ Act for the 1965-66, 1966-67, 1967-68 pounds and a normal year’s exports of keting year and 550 million pounds will be marketing years. This finding was 520.0 million pounds. exported in such marketing year. The affirmed by the Secretary in his de­ (b) National marketing quota. A na­ estimated carryover of Flue-cured to­ termination of January 18, 1966 (31 F.R. tional marketing quota for Flue-Cured bacco at the beginning of the 1971-72 881), and that determination was sus­ tobacco on an acreage-poundage basis m arketing year is, therefore, estimated tained in the case of Brown et al., v. for the marketing year beginning July 1, at 1,845 million pounds. With an esti­ Freeman. This finding was made appli­ 1971 is hereby determined and an­ mated 1971 production of 1,100 million cable for the 1968-69, 1969-70, and 1970- nounced in the amount of 1,071.4 million pounds, the resulting total supply of 71 marketing years (32 F.R. 9817), and is pounds. This quota is based upon an Flue-cured tobacco for the 1971-72 determined to be applicable also to the estimated utilization in the United States m arketing year would be 2,945 million 1971-72, 1972-73, and 1973-74 market­ in such marketing year of 640 million pounds or 66 million pounds above the ings. pounds and exports in such marketing reserve supply level. No action may be taken under section year of 540 million pounds, with a down­ It is determined that it is desirable to 313(i) of the Act unless a substantial ward adjustment which is determined to effect an orderly reduction of supplies to difference exists in the usage or market be desirable for the purpose of effecting the reserve supply level, and, therefore, outlets for any one or more of the types an orderly reduction of supplies to the a downward adjustment in the national comprising the kind of tobacco. On the reserve supply level. marketing quota of 108.6 million pounds basis of the facts recited (30 F.R. 6144) (c) National average yield goal. The should be made. Accordingly, the na­ in connection with the consideration of national average yield goal for Flue- tional marketing quota for Flue-cured section 301(b) (15), it was determined cured tobacco for the marketing year tobacco for the marketing year begin­ that there is no substantial difference beginning July 1,1971, is determined and ning July 1, 1971, is determined to be existing in the usage or marketing out­ announced at 1,854 pounds. This goal is 1,071.4 million pounds. This reduction is lets for any one or more of the types of based on the yield per acre which on a less than the maximum reduction of 15 flue-cured tobacco and, therefore, no national average basis it is determined per centum permitted by the Act, but no action was taken for the 1965-66 mar­ will improve or insure the usability of further reduction is deemed desirable be­ keting year (nor for subsequent market­ Flue-cured tobacco and increase the net cause a greater reduction would not ef­ ing years) under this section. The same return per pound to growers. fect an orderly reduction to the reserve conditions prevail with respect to usage (d) National acreage allotment. The supply level. or marketing outlets that prevailed at national acreage allotment for flue-cured It is determined that the national mar­ the time of the determination for the tobacco on an acreage-poundage basis keting quota of 1,071.4 million pounds, marketing quotas on an acreage-pound­ for the marketing year beginning July 1, in view of the anticipated carryover, will age basis for the 1965-66 and subsequent 1971, is determined and announced to be insure an adequate supply of Flue-cured marketing years and, therefore, no action 577,885.65 acres. This allotment was tobacco for the 1971-72 marketing year. is being taken under section 313 (i) of the determined by dividing the national mar­ The “national average yield goal” has Act for thé 1971-72 marketing year. In keting quota of 1,071.4 million pounds by been determined to be 1,854 pounds per addition, section 313 (i) of the Act ap­ the national average yield goal of 1,854 acre. It has been determined that this plied only to marketing quotas and acre­ pounds. yield will improve or insure the usability age allotments established pursuant to (e) Reserve acreage for making cor­ of Flue-cured tobacco and increase the section 313. It is, therefore, concluded rections in farm acreage allotments, ad­ net return per pound to the growers. In that, notwithstanding section 317(4) of justing inequities, and establishment of making this determination, consideration the Act, the better view is that section acreage allotments for new farms. A na­ was given to research data of the Agri­ 313(i) of the Act should not be applied tional reserve from the national acreage cultural Research Service of the Depart­ to acreage allotments and marketing allotment in the amount of 224.47 acres ment and one of the land-grant colleges quotas determined under section 317 of is hereby determined and announced. in the Flue-cured tobacco area. the Act. This reserve is for making corrections in The community average yields have farm acreage allotments, adjusting in­ been determined for Flue-cured tobacco P roclamation of Quotas equities, and establishing allotments for and published in the Federal R egister, § 725.1 1971-72, 1972-73, and 1973- new farms. Of the 224.47 acres, 50 acres § 724.34U (30 F.R. 6207, 9875, 14487). 74 marketing years. are hereby set aside to be available for The national acreage allotment is 577,- new farms. The remainder, 174.47 acres, 885.65 acres, determined in accordance Since marketing quotas have been is hereby made available for making cor­ with provisions of the Act by dividing made effective for flue-cured tobacco for rections in farm acreage allotments and the national marketing quota of 1,071.4 the 1968-69, 1969-70, and 1970-71 mar­ for adjusting inequities. million pounds by the national average keting years (32 F.R. 9817), and since the (f) National acreage factor. The na­ yield goal of 1,854 pounds. 1970-71 marketing year is the last of tional acreage factor for the 1971 crop In accordance with the Act, a reserve 3 consecutive years for which mar­ of flue-cured tobacco is determined and from the national acreage allotment is keting quotas previously proclaimed will announced to be 1.0. established in the amount of 224.47 acres be in effect for flue-cured tobacco, and (g) National yield factor. The na­ for making corrections in farm acreage since it is determined that a marketing tional yield factor for the 1971 crop of allotments, adjusting inequities and quota program on an acreage-poundage Flue-cured tobacco is determined and establishing allotments for new farms. basis will result in a more effective pro­ announced to be 0.9316. gram for flue-cured tobacco, marketing It is estimated that the reserve acreage (Secs. 301, 313, 317, F~5, 52 Stat. 38, 47, 66, will be adequate. quotas on an acreage-poundage basis are as amended, 79 Stat. 66; 7 U.S.C. 1301, 1313, Consideration in the light of the lat­ hereby proclaimed for flue-cured tobacco 1314c, 1375) est available statistics of the Federal for the 1971-72, 1972-73, and 1973-74 Government was given as to whether any marketing years. Effective date. Date of filing this docu­ of the types of flue-cured tobacco should ment with the Director, Office of the Determinations and Announcements, Federal Register. be treated as a kind of tobacco pursuant 1971-72 Marketing Year to the proviso in section 301(b) (15) of Signed at Washington, D.C. on June the Act at the time the national market­ § 725.2 Flue-cured tobacco. 24, 1970. ing quota for the 1965-66 marketing year (a) Reserve supply level. The reserve Clifford M. H ardin, flue-cure

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10840 RULES AND REGULATIONS

Chapter IX— Consumer and Market­ Arizona which may be handled during (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) ing Service (Marketing Agreements the period July 3, 1970, through July 11, and Orders; Fruits, Vegetables, 1970, are hereby fixed as follows: Dated: June 30,1970. (1) District 1: Unlimited movement; Nuts), Department of Agriculture P aul A. N icholson, (ii) District 2: 279,000 cartons; [Lemon Reg. 434] Deputy Director, Fruit and Veg­ (iii) District 3 : Unlimited movement. etable Division, Consumer and PART 910— LEMONS GROWN IN (2) As used in this section, “handled,” Marketing Service. CALIFORNIA AND ARIZONA “District 1,” “District 2,” “District 3,” [F.R. Doc. 70-8518; Filed, July 2, 1970; and “carton” have the same meaning as 8:48 a.m.] Limitation of Handling when used in the said amended market­ § 910.734 Lemon Regulation 434. ing agreement and order. [945.329] (a) Findings. (1) Pursuant to the mar­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. keting agreement, as amended, and 601-574) PART 945— IRISH POTATOES GROWN Order No. 910, as amended (7 CFR Part Dated: July 1,1970. IN CERTAIN DESIGNATED COUN­ 910), regulating the handling of lemons TIES IN IDAHO AND MALHEUR P aul A. N icholson, grown in California and Arizona, ef­ COUNTY, OREG. fective under the applicable provisions Deputy Director, Fruit and Veg­ of the Agricultural Marketing Agreement etable Division, Consumer and Limitation of Shipments Act of 1937, as amended (7 U.S.C. 601- Marketing Service. Notice of rule making with respect to 674), and upon the basis of the recom­ [F.R. Doc. 70-8571; Filed, July 2, 1970; a proposed limitation of shipments regu­ mendations and information submitted 8:49 a.m.] by the Lemon Administrative Committee, lation, to be made effective under Mar­ keting Agreement No. 98 and Order No. established under the said amended mar­ 945, both as amended (7 CFR Part 945) keting agreement and order, and upon PART 915— AVOCADOS GROWN IN regulating the handling of Irish potatoes other available information, it is hereby SOUTH FLORIDA found that the limitation of handling of grown in designated counties in Idaho such lemons, as hereinafter provided, Expenses and Rate of Assessment and Malheur County, Oreg., was pub­ lished in the F ederal R egister June 25, will tend to effectuate the declared policy On June 17, 1970, notice of rule mak­ 1970 (35 F.R. 10363). This program is of the act. ing was published in the F ederal R egis­ effective under the Agricultural Market­ (2) It is hereby further found that itter (35 F.R. 9930) regarding proposed ing Agreement Act of 1937, as amended is impracticable and contrary to the expenses, and the related rate of assess­ (7 U.S.C. 601 etseq.). public interest to give preliminary notice, ment for the period beginning April 1, engage in public rule-making procedure, The notice afforded interested persons 1970, through March 1, 1971, pursuant an opqrtunity to file written data, views, and postpone the effective date of this to the marketing agreement, as section until 30 days after publication or arguments pertaining thereto not later amended, and order No. 915, as amended than 5 days after publication. None was hereof in the F ederal R egister (5 U.S.C. (7 CFR Part 915), regulating the han­ 553) because the time intervening be­ dling of avocados grown in south Florida. filed. tween the date when information upon This regulatory program is effective After consideration' of all relevant which this section is based became avail­ under the Agricultural Marketing Agree­ matters presented, including the pro­ able and the time when this section must ment Act of 1937, as amended (7 U.S.C. posal set forth in the aforesaid notice become effective in order to effectuate the 601-674). After consideration of all rele­ which was recommended by the Idaho- declared policy of the act is insufficient, vant matters presented, including the Eastern Oregon Potato Committee, es­ and a reasonable time is permitted, un­ proposals set forth in such notice which tablished pursuant to said marketing der the circumstances, for preparation were submitted by the Avocado Admin­ agreement and order, it is hereby found for such effective time; and good cause istrative Committee (established pur­ and determined that this limitation of exists for making the provisions hereof suant to said marketing agreement and shipments regulation, as hereinafter set effective as hereinafter set forth. The order), it is hereby found and deter­ forth, will tend to effectuate the declared èommittee held an open meeting during mined that: policy of the act. the current week, after giving due notice The recommendations by. the Idaho- thereof, to consider supply and market § 915.210 Expenses and rale of assess­ Eastern Oregon Potato Committee re­ conditions for lemons and the need for m ent. flects its appraisal of the crop and pros­ regulation; interested persons were af­ (a) Expenses. Expenses which are pective market conditions. Shipments of forded an opportunity to submit infor­ reasonable and likely to be incurred by new crop potatoes from the production mation and views at this meeting; the the Avocado Administrative Committee area are expected to begin about mid- recommendation and supporting infor­ during the period April 1, 1970, through July, however,'storage potatoes from last mation for regulation during the period March 31, 1971, will amount to $14,600. year’s crop will be shipped during the specified herein were promptly submitted (b) Rate of assessment. The rate of first 2 weeks of July. The proposed regu­ to the Department after such meeting assessment for said period, payable by lation provided herein is necessary to was held; the provisions of this section, each handler in accordance with § 915.41, prevent potatoes of lower grades, un­ including its effective time, are identical is fixed at $0.04 per bushel of avocados. desirable sizes, and immature potatoes with the aforesaid recommendation of from being distributed in the channels the committee, and information concern­ It is hereby further found that good of commerce to improve the returns to ing such provisions and effective time has cause exists for not postponing the effec­ producers for preferred grades and sizes. been disseminated among handlers of tive date hereof until 30 days after pub­ The specific requirements, hereinafter such lemons; it is necessary, in order to lication in the F ederal R egister (5 U.S.C. set forth, regulate the handling of effectuate the declared policy of the act, 553) in that (1) shipments of avocados potatoes by grade, size, cleanliness, and to make this section effective during the are now being made, (2) the relevant maturity so as tp (1) promote orderly period herein specified; and compliance provisions of said marketing agreement marketing, (2) standardize the quality with this section will not require any and this part require that the rate of of the potatoes shipped from the pro­ special preparation on the part of per­ assessment herein fixed shall be appli­ duction area, and (3) maximize returns sons subject hereto which cannot be cable to all assessable avocados handled to the producers pursuant to the de­ completed on or before the effective date during the aforesaid period, and (3) such period began on April 1, 1970, and said clared policy of the act. hereof. Such committee meeting was held The proposed regulation with respect on June 30,1970. rate of assessment will automatically (b) Order. (1) The respective quan­ apply to all such avocados beginning with to special purpose shipments for other tities of lemons grown in California and such date. than fresh market use is designed to meet

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 RULES AND REGULATIONS 10841 the different requirements for such (b) Minimum maturity requirements.— pursuant to paragraph (c) of this sec­ outlets. (1) White Rose and red skin varieties: tion shall: It is hereby found that good cause ex­ During the period beginning the effective (1) First, apply to the committee for ists for not postponing the effective date date of this section through December and obtain a certificate of privilege to of this section until 30 days after publi­ 31, 1970, “moderately skinned” and make each shipment; cation in the F ederal R egister (5 U.S.C. thereafter they may be handled without (2) Upon request by the committee, 553) in that the shipments of potatoes regard to the maturity requirements. furnish reports of each shipment pur­ grown in the production area are cur­ (2) All other varieties. “Slightly suant to the applicable certificate of rently being marketed and the regula­ skinned.” privilege; tion should become effective at the time (3) Exception, (i) Subject to compli­ (3) At the time of applying to the herein provided to maximize the benefits ance with subdivision (iii) of this sub- committee for a certificate of privilege, to producers. Idaho-Eastern Oregon paragraph, any lot of potatoes not ex­ or promptly thereafter, furnish the com­ Potato Committee held an open meeting ceeding a total of 50 hundredweight of mittee with a receiver’s or, buyer’s cer­ June 12, 1970, to consider recommen­ each variety may be handled for any tification that the potatoes so handled dations for a limitation of shipments producer without regard to the foregoing are to be used only for the purpose regulation, after giving due notice of such maturity requirements, (ii) If an offi­ stated in the application and that such meeting, and interested persons were af­ cially inspected lot of potatoes meets receiver will complete and return to the forded an opportunity to submit their the foregoing maturity requirements, committee such periodic receiver’s re­ views at this meeting; information re­ but fails to meet the grade and size re­ ports that the committee may require; garding the provisions of the recommen­ quirements, the lot may be regarded. If, (4) Mail to the office of the committee dation by the committee has been dis­ after regrading, such lot then meets the a copy of the bill of lading for each cer­ seminated among the growers and han­ grade and size requirements but fails tificate of privilege shipment promptly dlers of potatoes in the production area; to meet the maturity requirements, as after the date of shipment; compliance with this section will not re­ indicated by the applicable Federal- (5) Bill each shipment directly to the quire any special preparation of potato State inspection certificate, such lot if applicable processor or receiver. sorting and packing equipment on the not exceeding 100 hundredweight shall (e) Minimum quantity exception. part of handlers subject thereto which be exempt from” the foregoing maturity Each handler may ship up to, but not to cannot be completed on or before the requirements: Provided, That the han­ exceed, 5 hundredweight of potatoes any effective time hereof. dler complies with subdivision (iii) of day without regard to the inspection and § 945.329 Limitation of shipments. this subparagraph, (iii) Prior to each assessment requirements of this part, shipment of potatoes exempt from the but this exception shall not apply to any During the period beginning the foregoing maturity requirements, the shipment that exceeds 5 hundredweight effective date hereof through June 30, handler thereof shall report to the com­ of potatoes. 1971, no person shall handle any lot of mittee the name and address of the pro­ (f) Definitions. The terms “U.S. No. potatoes unless such potatoes meet the ducer of such potatoes, and each such 1,” “U.S. No. 2,” “Size B,” “fairly clean,” requirements of paragraphs (a) and (b) shipment shall be handled as an iden­ “moderately skinned,” and “slightly of this section, or unless such potatoes tifiable entity. skinned,” shall have the same meaning are handled in accordance with para­ (c) Special purpose shipments. (1) as when used in the U.S. Standards for graphs (c), (d), and (e) of this section. The minimum grade, size, cleanliness, Potatoes (§§ 51.1540-51.1556 of this (a) Minimum quality requirements— and maturity requirements set forth in title), including the tolerances set forth (1) Grade—All varieties. U.S. No. 2, or paragraphs (a) and (b) of this section therein. The term “generally fairly clean” better grade. shall not be applicable to shipments of means that at least 90 percent of the (2) Size—(i) Round red varieties. 1% potatoes for any of the following potatoes in a given lot are “fairly clean.” inches minimum diameter. purposes: The term “prepeeling” means pota­ (ii) All other varieties. 2 inches mini­ (1) Charity; toes which are clean, sound, fresh tubers mum diameter, or 4 ounces minimum (ii) Certified seed; prepared commercially in a prepeeling weight. (iii) Seed pieces cut from stock eli­ plant by washing, removal of the outer (iii) All varieties. Size B if U.S. No. 1, gible for certification as certified seed; skin or peel,'trimming, and sorting pre­ or better grade. (iv) Experimentation; paratory to sale in one or more of the (iv) When containers of long varie­ (v) Canning, freezing, and “other styles of peeled potatoes described in ties of potatoes are marked with a count processing” as hereinafter defined: Pro­ § 52.2422 (U.S. Standards for Grades of or similar designation they must meet vided, That shipments of potatoes for Peeled Potatoes §§ 52.2421-52.2433 of the weight range for the count designa­ the purposes specified in subdivision (v) this title). The term “other processing” tion listed below: of this subparagraph shall be exempt has the same meaning as the term ap­ Count designation Weight range from inspection requirements specified pearing in the act and includes, but is Larger than 50 count 15 ounces or larger. in § 945.65 and from assessment require­ not restricted to, potatoes for dehydra­ 50 count______12-19 ounces. ments specified in § 945.42. _ tion, chips, shoestrings, starch, and flour. 60 count______10-16 ounces. (2) The minimum grade, size, cleanli­ It includes only that preparation of po­ 70 count______9-15 ounces. ness, and maturity requirements set tatoes for market which involves the ap­ 80 count______8-13 ounces. forth in paragraphs (a) and (b) of this plication of heat or cold to such an extent 90 count______7-12 ounces. section shall be applicable to shipments 100 count______6-10 ounces. that the natural form or stability of the 110 count______5-9 ounces. of potatoes for each of the following commodity undergoes a substantial 120 count______4-8 ounces. purposes: change. The act of peeling, cooling, slic­ 130 count______4-8 ounces. (i) Export: Provided, That potatoes ing, or dicing, or the application of ma­ 140 count______4-8 ounces. of a size not smaller than 1 y2 inches in terial to prevenir oxidation does not Smaller than 140 diameter may be shipped if the potatoes constitute “other processing.” The terms count ______4-8 ounces. grade not less than U.S. No. 2; and “Idaho Utility grade” and “Oregon Util­ The following tolerances, by weight, (ii) Prepeeling: Provided, That po­ ity grade” shall have the same meanings are provided for potatoes in any lot tatoes of a size not smaller than iy2 as when used in the respective standards which fail to meet the weight range for inches in diameter may be shipped if the for potatoes for the respective States. the designated count: potatoes grade not less than Idaho Other terms used in this section shall (a) Not to exceed 5 percent for under­ Utility or Oregon Utility grade. have the same meaning as when used in size; and, (d) Safeguards. Each handler making Marketing Agreement No. 98 and order (b) Not to exceed 10 percent for shipments of potatoes for charity, seed No. 945, both as amended. oversize. pieces cut from stock eligible for certifi­ (g) Applicability to imports. Pursuant cation, experimentation, canning, freez­ to § 608e-l of the act and § 980.1 “Import (3) Cleanliness—All varieties. “Gen­ing, and “other processing” as herein­ regulations” (7 CFR 980.1), Irish pota­ erally fairly clean.” after defined, export, or for prepeeling toes of the long varieties imported during

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10842 RULES AND REGULATIONS the effective period of this section shall § 1421.352 Maturity of loans. are established for rye grading U.S. No. meet the grade, size, quality, and ma­ Unless demand is made earlier, all 2 or better, or U.S. No. 3 on the factor turity requirements specified in para­ loans on rye will mature on April 30, of test weight only and are as follows: graphs (a) and (b) of this section. 1971. A l a b a m a (Secs. 1-19, 48 Stat. 31, as amended; 7 TT.S.C. § 1421.353 Warehouse charges. Rate per 601-674) . County bushel Subject to the provision of § 1421.342, Dated: July 1,1970, to become effective All counties______$1.15 the schedules of deductions set forth in July 7,1970. this section shall apply to rye stored in Arizona P aul A. N icholson, 'Deputy Director, Fruit and Veg­ an approved warehouse operating under All counties______$1.05 etable Division, Consumer and the Uniform Grain Storage Agreement Arkansas Marketing Service. - and an approved warehouse operated by All counties______$1.03 an Eastern common carrier. [P.R. Doc. 70-8537; Piled, July 2, 1970; (a) Warehouses approved under the California 8:49 a.m.] Uniform Grain Storage Agreement. A la m ed a ___ _ 1.22 Riverside___ 1.17 Sacram ento_ S chedule of D eductions for Storage A lp in e __ ___ 1.08 1.22 Charges A m a d o r____ 1.20 San Benito__ 1.17 Chapter XIV— Commodity Credit Cor­ B u t t e ______1.17 San Bernar- poration, Department of Agriculture Deduc­ Calaveras ____ 1.20 dino _____ 1.19 tion (cents C o lu s a ______1. 18 San Diego___ 1.22 SUBCHAPTER B— LOANS, PURCHASES, AND Maturity date per Contra Costa. 1.20 San OTHER OPERATIONS April 30, 1971 bushel) Eldorado ___ 1.20 Francisco_ 1.22 [CCC Grain Price Support Regs., 1970 Crop V)------F r e s n o ______1.18 San Joaquin. 1.22 Rye Supp.] Prior to May 16, 1970_____ :______13 G le n n ______1. 17 San Luis May 16-June 12______12 H u m b old t__ 1.06 O b isp o ___ 1.16 PART 1421— GRAINS AND SIMILARLY June 13-July 10------11 Im perial_____ 1.17 San Mateo__ 1.20 July 11-Aug. 7------10 I n y o ------1.13 Santa HANDLED COMMODITIES Aug. 8-Sept. 4__------9 K e r n ______1.19 Barbara__ 1.16 Subpart— 1970 Crop Rye Loan and Sept. 5-Oct. 2------8 K in g s ______1.18 Santa Clara_ 1.20 Oct. 3-Oct. 30__ 7 L a k e ______1.17 Santa Cruz_ 1.17 Purchase Program Oct. 31—Nov. 27_____ - ______6 L a s s e n ______1.06 S h a s t a _____ 1.06 The General Regulations Governing Nov. 28-Dec. 25------5 Los Angeles,.. 1. 22 Sierra ______1.10 Dec. 26, 1970-Jan. 22, 1971______...____ 4 M adera_-___ 1.20 Siskiyou ___ 1.06 Price Support for the 1970 and Subse­ Jan. 23-Feb. 19______3 M erced_____ 1.20 S o la n o _____ 1.19 quent Crops (35 F.R. 7363 and 7781) and Feb. 20-Mar. 19______2 M a rin ______1.20 S o n o m a ____ 1.18 the 1970 and Subsequent Crops Rye Mar. 20-Apr. 30, 1971— ...... —_____ 1 M ariposa____ 1.20 S ta n isla u s__ 1.21 Loan and Purchase Program regulations M en d o cin o _ 1.12 Sutter _____ 1.18 (35 F.R. 10355) and any amendments 1 Dates storage charges start, all dates M odoc------1.06 T eh a m a ____ 1.12 to such regulations, are further supple­ inclusive. M onterey__ _ 1.16 Tulare _____ 1.17 (b ) Warehouse operated by an East­ N a p a ------1. 19 T u o lu m n e__ 1.20 mented for the 1970 crop of rye by add­ O ran ge_____ 1.22 Ventura ____ 1.19 ing §§ 1421.350—1421.354 to read as ern common carrier. (1) Eligible rye Placer ______1.18 Yolo ______1.19 follows: stored in the following approved East­ Plumas _____ 1.09 Yuba ______1.18 ern common carrier warehouse may be Sec. Colorado 1421.350 Purpose. placed under loan or offered for sale to 1421.351 Availability. CCC: A dam s _ ' 0. 87 La Plata____ .88 1421.352 Maturity of loans. A lam osa_____ .88 L arim er____ .87 Pennsylvania Railroad Co., Canton Elevator, Las Animas_ .87 1421.353 Warehouse charges. Warehouse Code 9-2151, Baltimore, Md. Arapahoe ____ .87 1421.354 Support rates. A r ch u le ta __ .88 Lincoln ____ .87 (2) Schedule of deductions for storageB a c a ______.89 L o g a n ______.88 Au th o rity : The provisions of this subpart .88 ch arges: B e n t ______.88 M esa ______issued under sec. 4, 62 Stat. 1070, as Deduc­ Boulder ____ .87 Moffat _____ .88 amended; 15 U.S.C. 714b. Interpret or apply tion Chaffee ____ .88 M ontezum a_ .88 sec. 5, 62 Stat. 1072, sec. 105, 401, 63 Stat. S cen ts C heyenne__ _ .90 Montrose___ .88 1051, as amended; 15 U.S.C. 714c, 7 U.S.C. Maturity date per C o n ejo s_____ .88 Morgan ____ .87 1421,1441. April 30, 1971 bushel) C o s tilla _____ .88 Otero ______.87 C row ley_____ .87 O u ray______.88 § 1421.350 Purpose. C )------— (’) Custer ______.88 P a r k ______.88 Prior to June 25, 1970------16 Delta ______.88 Phillips ____ .90 This supplement contains program June 25-July 14------.— 15 provisions which, together with the pro­ D en v er______.87 Pitkin ...... 88 July 15-Aug. 3------14 D o u g la s____ .87 P ro w ers____ .89 visions of the General Regulations Gov­ Aug. 4—Aug. 23------13 Dolores _____ .88 P u e b lo _____ .87 erning Price Support for the 1970 and Aug. 24-Sept. 12------12 E agle______.88 Rio Blanco__ .88 Subsequent Crops and the 1970 and Sub­ • Sept. 13-Oct. 2------11 E lb ert______.87 Rio Grande. _ .88 sequent Crops Rye, Loan and Purchase Oct. 3-Oct. 22______10 El Paso______.87 R o u t t ______.88 Program regulations, and any amend­ Oct. 23—Nov. 11______j 9 F r e m o n t__ _ .88 Saguache — • .88 Nov. 12-Dec. 1______8 G arfield _____ .88 San Miguel— .88 ments thereto, apply to price support Dec. 2—Dec. 21______^------7 loans and purchases with respect to the Grand ______.88 Sedgw ick___ .90 Dec. 22, 1970-Jan. 10, 1971— ______6 G unnison___ .88 S u m m it,____ .88 1970 crop of rye. Jan. 11-Jan. 30______5 H uerfano___ .88 T e lle r ______.88 Jan. 31—Feb. 19------4 .87 § 1421.351 Availability. J a c k so n _____ .88 Washington _ Feb. 20-Mar. 11______i------3 J efferso n ____ .87 W e ld ______.87 A producer desiring a price support Mar. 12-Mar. 31______2 K iow a______.89 Y u m a ______.89 loan must request a loan on his eligible Apr. 1—Apr. 30, 1971—------— 1 Kit Carson— .89 1 Storage commence date, all dates inclu­ rye on or before March 31, 1971. To ob­ C onnecticut sive. $1.14 tain price support through sales, a pro­ 2 Charges shall be reduced by 2 y2 cents per ducer must execute and deliver to the bushel if producer presents evidence that D elaware elevation charges were prepaid. appropriate county ASCS office, on or AU counties__ $1.14 before April 30, 1971, a Purchase Agree­ § 1421.354 Support rates. F lorida $1.20 ment (Form CCC-614), indicating the (a ) Basic support rates {counties). approximate quantity of 1970 crop rye Basic county support rates per bushel G eorgia $1.20 he will sell to CCC. for loan and settlement purposes for rye All counties—

FEDERAL REGISTER. VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 RULES AND REGULATIONS 10843

I daho I ndiana— Continued I owa— Continue^. Bate per Bate per B ate per Bate per Bate per Bate per County bushel County bushel County bushel County bushel County bushel County bushel Ada------$1.03 G e m ______$1. 03 Crawford___ $1.09 Monroe $1. 06 Sioux ______$0. 98 Washington - $1. 03 Adam s------1. 03 G ood in g____ .98 Daviess ____ 1. 04 Montgomery _ 1.04 Story ______.99 W a y n e ______1. 02 Bannock — .94 Idaho ______1.09 D earb orn___ .99 M o rg a n __ __ .99 T a m a ______1.02 Webster .98 Bear Lake— _ .91 Jefferson_____ .91 Decatur _____ .98 N e w to n _____ 1.12 Taylor ______1.00 Winnebago_ 1.02 Benewah — _ 1.12 J ero m e______.98 De Kalb______1.02 Noble ______1.03 Union ______1.00 W inneshiek_ 1.03 Bingham — . .92 K o o te n a i___ 1.11 D ela w a re___ 1.02 O h io ______.99 Van Buren__ 1.05 Woodbury__ 1.04 Blaine ------.96 L a t a h ______1. 12 Dubois _ __ 1. 06 O range______1. 08 W a p ello _____ 1.03 Worth ______1.02 1.01 Lemhi .91 Elkhart ____ 1. 05 Owen ______1.02 Warren _____ 1.00 Wright______.97 1.06 Lewis 1. 09 F a y ette___ __ .99 Parke 1. 05 Bonneville . .91 L in co ln ______.98 F lo y d ______1.08 Perry 1.06 Kansas Boundary ___ 1.04 M adison_____ .90 F o u n ta in ___ 1.06 Pike ______1. 06 Allen ___ __ 1.04 L i n n ______1. 07 Butte___ — .92 M in id oka____ .98 F ran klin____ 1.01 P orter______1. 11 A nderson___ 1.06 Logan .96 .93 C am as__ Nez Perce___ 1. 12 Fulton _ ____ 1.06 Posey 1.06 A tc h iso n ___ 1.07 L y o n ______1.03 Canyon ------1.03 O n e id a ______.95 G ib so n ______1. 08 P u lask i______1.08 B a rb er______.97 McPherson__ .99 Caribou_ .93 Owyhee ____ 1.03 G r a n t______1.04 Putnam ___ 1.02 B a r to n ______.97 M arion ______.99 Cassia__ __ .98 P a y ette______1.03 G re en e __ ___ 1.04 R a n d o lp h __ 1.03 B o u r b o n ___ 1.06 Marshall 1.03 Clark______.90 P o w er______. 95 H am ilto n ___ 1.02 Ripley ______.98 Brown ______1.06 M eade______.93 Clearwater 1. 09 S h osh on e___ .95 H ancock____ 1. 01 Rush . 1. 00 Butler ______.99 M ia m i______.92 1. 07 Custer____ T e t o n ______.90 H arrison____ 1.08 Saint Joseph- 1.06 C h a se ______1. 02 M itc h e ll_____ .99 Elmore____ 1.01 Twin Palls__ .98 H en d rick s__ 1.02 S c o t t ______.97 Chautauqua _ 1.02 .94 Montgomery _ 1.03 Franklin___ V a lley ______1.01 H en ry ______1.03 S h e lb y ______.99 C herokee____ 1.03 Morris 1. 01 .90 Fremont___ W ashington__ 1.03 H oward______1.05 S p en ce r _____ 1.06 C h ey e n n e __ .92 M orton ______.89 Huntington __ 1. 02 Starke 1.08 I ll in o is Clark ______.93 N em a h a ____ 1.04 J a c k so n ___ _ .98 Stueben 1.02 C lay------1.01 Neosho 1.04 Adams__ ;_ 1.11 L ee______1.16 Jasp er______1.11 S u lliv a n _____ 1.08 C lo u d ______1.00 Ness .97 Alexander 2 1.09 L ivingston__ ¡, 1. 15 Jay ------1.02 Switzerland_ .99 Coffey ______1. 04 Norton .9 7 Bond 1.14 I iOgan . 1.12 Jefferson____ .97 Tippecanoe __ 1.06 C om anche__ - .95 Osage 1.05 Boone _ 1.17 McDonough _ 1.11 J e n n in g s ___ .98 T ip t o n ______1. 04 C ow ley______.99 Osborne .99 Brown 1. 11 McHenry ____ 1. 17 Johnson 1.00 Union .99 C raw ford___ 1. 04 O tta w a ______.99 Bureau 1.16 McLean 1.12 K n o x __ __ 1.06 Vanderburgh- 1.06 Decatur _____ .95 P aw n ee______.97 Calhoun__ ' 1.12 Macon ______1. 11 K o sciu sk o __ 1.05 Vermillion _ 1.09 D ic k in so n __ .99 P h illip s______.97 Carroll____ 1.14 L agran ge___ 1.03 Vigo ------1.08 D o n ip h a n __ 1.06 M acoupin___ 1.14 Lake Pottawatomie- 1.04 Cass 1.09 M adison_____ 1.17 1.14 Wabash 1.05 D o u g la s____ 1.07 La Porte P r a tt______.97 Champaign _«... 1. 13 Marion 1.12 1.08 Warren 1.09 Edwards ____ .97 Rawlins .93 Christian __ 1.11 M arshall____ L a w r e n c e __ 1.Ò4 W arrick____ 1.06 Elk 1.02 R e n o ______1.15 Madison .99 Clark______1.07 M ason______1.09 1.03 Washington _ .9 6 Ellis ______.97 R e p u b lic ____ 1.00 Clay------1.09 Massac 1.08 Marlon 1.01 W a y n e ______1.02 E lls w o r th __ .99 R ic e ______M a rsh a ll____ .99 Clinton 1. 14 M enard______1.10 1.06 Weils ______1.02 F in n e y ______.93 Riley 1.03 Coles - . 1.10 M ercer______1.13 Martin 1.02 White 1.09 Ford .96 Rooks ...... Miami ______.98 Cook 1.17 M onroe______1.14 1.05 W h itle y _____ 1.04 F r a n k lin ___ 1.07 R u s h ______.97 Crawford__ _ Geary 1.08 Montgomery _ 1.14 Iowa 1. 02 Russell . 98 Cumberland 1.10 Morgan ____ 1. 11 G o v e ______.96 Saline .99 De Kalb 1.17 M oultrie_____ 1.12 A d a ir ______0. 98 H a rriso n ___ 1.01 G rah am ___ _ . 97 Scott ______.94 De Witt 1.11 Ogle ------1. 16 Adams .99 Henry 1.05 Grant ' .92 S ed g w ick ____ .99 Douglas 1. 11 P eo ria ______1.13 A llam akee__ 1.03 Howard 1.02 G r a y ______.94 S ew a rd ______.92 Du Page 1.17 Perry ______1.11 Appanoose ___ 1.04 H u m b old t__ .96 G reeley______.92 Shawnee 1.06 Edgar 1. 10 Piatt ______1. 12 Audubon ____ .99 Ida ______1.01 Greenwood 1.02 S h e r id a n ___ .96 Edwards 1.08 P ik e ______1. 11 Benton 1.03 Iowa 1. 03 H am ilton ____ . 92 S h er m a n ___ .92 Effingham__ 1.10 P o p e ______1.07 Black Hawk_ 1.02 Jackson ___ 1.08 H a rp er______.98 Sm ith .99 Payette 1. 12 Pulaski 1.09 Boone .98 Jasper 1.00 Harvey .99 Stafford .9 7 F ord ____ 1.15 P u tn a m ___ _ 1.15 Bremer 1.01 Jefferson __ 1.03 Haskell .93 Stanton . 91 Franklin ___ 1. 09 R andolph___ 1.11 Buchanan __ 1.02 Johnson ___ 1.05 H odgem an__ .97 Stevens .91 Fulton __ 1.12 R ic h la n d ____ 1.07 Buena Vista_ .97 Jones 1.06 Jackson 1.06 Sumner .99 Gallatin _ 1.05 Rock Island_ 1.13 Butler 1.01 Keokuk 1.02 Jefferson____ 1. 07 Thomas .94 Greene ~ 1.13 Saint Clair__ 1.17 Calhoun .98 Kossuth .99 J e w e ll______.99 Trego _ .97 Grundy 1.17 Saline 1.07 Carroll .98 Lee 1.08 Johnson 1.07 Wabaunsee _. 1. 03 Hamilton__ 1.07 Sangamon ___ 1.11 Cass 1.01 Linn 1. 04 K earn y______.92 Wallace . 92 Hancock . 1.11 S c h u y le r ____ 1. 11 Cedar ______1.06 Louisa 1.06 K in g m a n ___ . 99 Washington _ 1.01 Hardin ___ 1.04 Scott ______1.11 Cerro Gordo _ 1.01 Lucas 1.01 K io w a ______.97 W ichita .93 Henderson_ 1.12 Shelby 1.11 Cherokee __ 1.00 Lyon .97 Labette 1.03 Wilson 1.03 Henry _ 1. 14 S ta rk ______1.14 C hickasaw__ 1.01 Madison .99 L a n e ______.96 W o o d so n ___ 1.04 Iroquois___ 1.15 S tep h en son _ 1.15 Clarke ______1.00 M a h a sk a ___ 1. 02 Leavenworth - 1. 07 W yandotte__ 1.07 Jackson 1.09 T azew ell_____ 1. 11 Clay ------.96 Marion 1.01 Lincoln ____ .99 Jasper__ 1.10 Union 1.09 Clayton 1.03 M a rsh a ll___ 1. 01 Jefferson__ Clinton 1.08 Mills K en tu ck y 1.11 V e rm ilio n __ 1. 13 1.01 All counties__ Jersey 1. 14 W abash______1.08 C raw ford___ .99 Mitchell ___ 1.02 $1.14 Jo Daviess__: 1.12 W arren______1.13 D a lla s______.99 Monoma ___ 1.01 Louisiana Johnson _ D a v is __ _ 1.04 Monroe 1.08 W ashington_ 1.14 1.03 Bate per B ate per Kane _ 1. 17 Wayne 1.09 Decatur ____ 1. OO Montgomery _ 1.01 Kankakee __ D elaw are___ 1.03 M u scatin e__ Parish bushel Parish bushel 1.16 White 1. 05 1. 08 East Baton Kendall __ 1. 17 Des Moines_ 1.07 O’Brien .98 West Baton W hiteside___ 1.15 Rouge ____ 1.24 Rouge Knox _ 1.13 W ill______1.17 D ic k in so n __ .99 Osceola .99 1.24 Lake__ Dubuque __ _ 1. 05 P a g e ______J efferso n __ _ 1.24 All Other 1.17 1.00 O rleans______La Salle. _ E m m et______.99 Palo Alto .96 1.24 Counties __ 1. 05 1. 16 W in n eb ago_ 1. 16 St. Charles__ 1.24 Lawrence __ - 1.07 W oodford__ _ 1.13 Fayette _____ 1.02 P ly m o u th __ 1.01 Floyd ______1.01 Pocahontas __ .96 M a in e F r a n k lin ____ 1.00 Polk I ndiana 1.00 All counties $1.14 Adams _ F r e m o n t___ 1.01 Pottawat- 1. 02 Brown 1.00 Greene aryland Allen _ .97 t a m ie _____ 1.04 M 1.02 Grundy 1.01 P ow eshiek__ 1.02 Baltimore City_$1.30 All other Bartholomew - .99 Cass 1.06 G u th r ie ____ Benton _ .97 R in g g o ld ___ 1.00 c o u n tie s__ $l. 14 1. 10 Clark .97 H am ilton__ _ .99 Sac ______.98 Blackford__ 1.04 C lay------1.05 Hancock ____ assachusetts Boone .99 Scott 1.08 M 1.02 Clinton 1.05 Hardin 1.00 Shelby 1.01 All counties______$ i. 14

No. 129- FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10844 RULES AND REGULATIONS

Michigan Minnesota—Continued Montana—Continued Rate per Rate per Rate per Rate per Rate per Rate per County bushel County bushel County bushel County bushel County bushel County bushel Alcona ------$0.96 L a k e ______$0.98 Washington _ $1.08 W righ t______$1.08 Meagher _ $0. 88 Rosebud ___ $0.78 Alger ______.95 Lapeer ______1.01 W a to n w a n _ 1.07 Yellow M in er a l_ .95 S a n d e r s____ .95 A llegan _____ 1.04 L eela n a u ___ .96 W ilk in _____ 1.03 M ed icin e_ 1.06 Missoula ___ .95 S h erid a n ___ .77 Alpena _____ .95 Lenawee ____ 1. 04 Winona ____ 1.08 Musselshell .82 Silver Bow__ .93 L ivin gston__ 1.02 P a r k _____ .90 Stillwater___ .84 A n trim ______.95 M is s is s ip p i A r en a c ______.98 L u c e ______.91 Petroleum .79 Sweet Grass— .87 Baraga ______. 92 M ackinac___ .91 All Counties _ $1. 14 P h illip s _ .76 T e t o n ______.85 B arry______1.03 M acom b_____ 1.03 Pondefa - .85 T o o le _____ .85 B a y ------.99 M anistee_____ .98 M isso u ri Powder River- .78 Treasure ____ .79 B en zie______.97 M arq uette__ .96 A d a ir ______1.05 L in n ______1.04 P o w e ll__ .93 V a lley ______.76 B errien ____ _ 1.05 M ason______.99 A n d r e w _— 1.06 L ivin gston__ 1.02 P r a ir ie _ .79 Wheatland — .86 B ra n ch ______1. 05 M eco sta __ - .99 A tc h is o n ___ 1.03 McDonald __ 1.02 R a v a lli__ .92 Wibaux _____ .82 C alh ou n ____ 1.04 M en om in ee_ 1.00 A u d rain ------1.09 Macon ___ _ 1.06 Richland - __ .78 Yellowstone __ .84 Cass ______1.05 M id lan d ____ .99 Barry ------1.04 M adison____ 1.14 Roosevelt - — .77 C harlevoix__ .94 M issau k ee__ .97 B a r to n ______1.04 M a r ie s__ ___ 1.09 Nebraska Cheboygan _— .94 M onroe______1. 04 Bates _____ 1.07 -M arion______1.08 C h ip p ew a ___ . 91 M o n tca lm __ 1.00 B e n to n __ ___ 1.05 M ercer_____ 1. 01 Adams — 1.00 J efferso n ___ 1.03 C la re______.98 Montmorency. .95 B o llin g er----- 1.13 Miller ____ 1.07 Antelope - __ 1.02 J o h n so n ____ 1.04 C lin to n _____ 1.02 M u sk egon __ 1.02 B o o n e ______1.08 Mississippi_ 1.10 A r th u r __ .92 Kearney ____ .99 C raw ford___ .96 N ew aygo_____ 1.00 B u ch a n a n __ 1.07 M oniteau____ 1.06 B a n n er__ .87 K eith ______.92 D e lta ______.97 O akland_____ 1. 02 Butler ------1.11 M onroe______1.08 B laine'----- .97 Keyapaha ___ .97 D ickinson___ .98 O cea n a _____ 1.01 C a ld w e ll_»_ 1.03 Montgomery _ 1.11 Boone ___ 1.02 K im b a ll____ .88 E a t o n ______1.03 O gem aw ------.97 Callaway —— 1.09 M organ____ 1.05 Box B utte. .89 K n o x ______1.02 E m m e t______.94 O ntonagon__ .95 C am d en ____ 1.08 New Madrid_ 1.10 B o y d __ - 1.00 Lancaster___ 1.04 G en esee ____ 1.01 Osceola _____ .98 Cape Newton _ 1.02 B row n___ .97 Lincoln ____ .94 G lad w in ____ .98 Oscoda ______.96 Girardeau _ 1.13 N od a w a y ___ 1.03 B u ffa lo __ .99 L o g a n ______.95 G o g eb ic _____ .96 O ts e g o _____ .95 C arroll______1.05 O regon______1.07 B u r t ____ 1.04 L o u p ______.98 Grand Traverse . .96 O ttaw a______1.03 Carter ______1.10 O sa g e ____ 1- 1.08 B u tler___ 1.04 McPherson — .94 1.03 G ra tio t______1.00 Presque Isle_ .94 Cass ------1.07 O zark ______1. 04 Cass ____ 1.04 M adison____ H illsdale____ 1.05 Roscom m on_ .97 Cedar ______1.06 P e m isc o t_— 1.09 Cedar __ 1. 02 Merrick ____ 1.02 H oughton___ .92 S agin aw ____ 1.00 C h a rito n ___ 1.05 1.15 C h a se ___ .91 M orrill_____ .88 Perry______1.02 H uron______1. 00 St. Clair —— 1.02 Christian ____ 1.06 P e t t is ______1. 05 Cherry — .94 Nance ------In gh am ______1.03 St. Joseph—_ 1.05 1.08 Cheyenne ___ .88 N em a h a ____ 1.04 Clark ------P h e lp s _— 1.12 1.00 I o n ia ______1.02 S a n ila c ______1.01 Clay ------1.06 Pike ______1.11 Clay ------1.01 N uck olls____ Iosco ______.97 Schoolcraft_ .91 C olfax___ 1.04 O t o e _____ - 1.04 Clinton ____ 1.06 Platte ______1. 06 1.04 Ir o n ______.96 Shiawassee — 1.01 C o le______1.07 Polk ______1.05 C u m in g _ 1.04 Pawnee ____ I s a b e lla _____ .99 T u s c o la _____ 1.01 1.06 C u s te r __ .97 P erkins_____ .91 C oop er______P u la s k i____ 1.10 .98 Jackson _____ 1.04 Van Buren__ 1.05 Crawford — 1.14 P u tn a m _____ 1.01 D a k o ta __ 1.03 Phelps _____ K a la m a zo o _ 1.05 W ashtenaw _ 1.03 D a w es___ .88 Pierce ------1.03 D a d e ______1.04 R a lls ____ ;__ 1.09 1.03 K alk ask a___ .96 W a y n e ______1.03 D a lla s___ :— : 1.07 R andolph___ 1.07 D a w so n _ .97 P la t t e ______1.02 W exford____ .97 D e u e l___ .91 Polk ______1.03 K e n t ...... — Daviess ____ 1.03 R a y ------1.06 .95 K ew eenaw __ .92 De Kalb______1.06 R ey n o ld s___ 1.11 D ix o n ___ 1.02 Red Willow— D o d g e___ 1.04 Richardson — 1.04 D e n t ______1.12 Ripley ______1.10 .97 Minnesota D o u g la s____ 1.06 D o u g la s_ 1.04 R o c k ______Saint Charles- 1.16 S a lin e______1.03 Dunklin ___ 1.09 Saint Clair__ 1.06 Dundy __ .91 Aitkin ______1.08 L y o n ______1.05 F illm ore_ 1.02 Sarpy ------1.04 F r a n k lin ___ 1.14 Saint Francois 1.15 1.04 Anoka ______1.08 McLeod ____ 1.08 G asconade__ 1.11 F ranklin_ .98 S au n d ers----- Sainte Scotts Bluff-- .87 Becker ______1.02 Mahnomen — 1.01 Gentry ------1.03 Genevieve _ 1.16 Frontier __ .95 B e ltr a m i___ 1.04 M a rsh a ll------.98 F u r n a s__ .97, S ew ard_____ 1.04 G reen e_— 1.06 Saint Louis__ 1. 17 .91 B e n to n ______1.08 M a rtin ______1.06 Grundy ____ 1.01 G a g e ____ 1.04 S h erid a n ___ S a lin e ______1.05 S h erm a n ___ .99 Big S to n e___ 1.04 M eeker______1.08 H a rriso n ___ 1.00 S c h u y le r ___ 1.04 G ard en__ .91 Blue Earth— 1.08 Mille Lacs___ 1.08 Garfield __ .99 Sioux ------.87 H en ry ______1.06 S c o tla n d ___ 1.06 1.04 Brown ______1.08 M orrison____ 1.07 Hickory _____ 1.05 Gosper — i 97 Stanton — — S c o tt______- 1.12 T h a y er_____ 1. 02 Carlton _____ 1.08 Mower ______1.08 Holt ______1.05 Shannon ___ 1.09 Grant ___ .92 1.04 ____ .95 C a r v er _____ 1.08 M urray______Howard ------1.08 S h e lb y ------1.07 G reeley__ 1.Ó1 T h o m a s Cass ______1.07 Nicollet_____ 1.08 H a ll_____ 1.00 T h u rston ----- 1.03 H o w e ll------1.06 Stoddard ___ 1.12 .99 C h ip p ew a__ 1.07 Nobles _____ 1.03 Iron _ ____ 1.13 Hamilton . _ __ 1.02 V a lley ______N o rm a n ____ 1.00 S t o n e ______1.03 .98 Washington — 1.04 C h isa g o _____ 1.08 J a c k so n _____ 1.07 Sullivan ___ 1.02 H a r la n __ Clav 1.01 O lm sted____ 1.08 H a y e s___ .93 Wayne _____ 1.03 Jasper ______1.03 Taney ______1.03 .99 Clearwater ___ 1.03 Otter T a il__ 1.04 J efferso n ___ 1.16 Hitchcock __ .93 W ebster------Pennington __ 1.00 Texas ______1.09 1.00 Wheeler____ 1.01 Cottonwood_ 1.06 Johnson ___ 1.06 1.06 H o lt...... 1.08 Pine ______1.08 Vernon _____ H ook er__ .94 York — ...... 1.03 Crow Wing— Knox ______1.06 W a r r e n ____ 1.13 D a k o ta _____ 1.08 P ip estone___ 1.03 Laclede ._____ 1.08 H o w a rd _____ 1.01 1.06 P o lk ______1.00 Washington - 1.15 D o d g e______Lafayette __ 1. 06 Nevada 1.06 P o p e ______1.07 Wayne _____ 1.12 Douglas _____ Law rence___ 1.04 ____ 1. 08 All counties______— $0.95 1.07 R a m s e y ____ 1.08 W ebster Faribault _— Lewis ______1.08 Worth ______1. 00 1.05 Red Lake ____ 1.00 New Hampshire F illm ore____ 1.13 1.08 Freeborn ___ 1.08 Redwood ___ 1.07 Lincoln ____ W rig h t______All counties.___ .______— — W* “ G o o d h u e___ 1.08 R en v ille ____ 1.08 M ontana New Jersey G ra n t___ 1__ 1.05 R ic e ______1.08 $1.14 H ennepin____ 1.08 Rock ______1.00 Beaverhead_ 0. 90 Gallatin _____ .93 All counties. H ou ston ____ 1.04 R o sea u ______.96 Big Horn___ .78 Garfield____ .76 New Mexico H u b b a rd ___ 1.04 St. Louis.____ 1. 08 Blaine ___ __ .78 G lacier______.86 C u rry _____ $0.98 Roosevelt----- $0.97 I s a n t i______1.08 Scott ______1.08 Broadw ater_ .91 Golden Valley .84 .96 I ta s c a ______1.08 Sherburne__ 1.08 C arbon______.84 G r a n ite ____ .92 H ard in g___ . 94 U n io n ------L e a ______. 96 All other J a c k so n _____ 1.06 S ib le y ______1.08 C arter------.81 Hill ______.80 .90 Kanabec ___ 1.08 Stearns _____ 1.08 Cascade _____ .81 J efferso n ___ .91 Q u ay------_ . 98 counties — K and iyoh i__ 1.08 S t e e le __ — 1.08 C houteau___ .84 Judith Basin. .84 New York Kittson ____ .95 Stevens ______1.05 Custer ______.78 L a k e ______.95 1.07 D a n iels_____ .76 Lewis and Albany ____ _ $1.30 Allother Koochiching _ 1.04 Swift ______$1.15 Lac qui Parle- 1.05 T o d d ______1.07 D a w so n _____ .79 Clark______.95 New York counties — Lake of the Traverse____ 1.03 Deer Lodge_ .93 L ib erty______.82 C ity ...... _ 1.30 Lincoln ____ .98 W o o d s ___ 1.00 Wabasha ___ 1.08 F a llo n ______.81 North Carolina Le Sueur_____ - 1 .0 8 W a d en a ____ 1.05 F e r g u s ______. 83 McCone _____ .77 Lincoln _____ 1.03 W aseca_____ 1.08 F la th e a d ___ .98 M adison____ .93 All counties. $1.18

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 RULES AND REGULATIONS 10845

N obth Dakota Oklahom a—Continued S o u th Dakota—Continued Rate per Rate per R ate per R ate per Rate per Rate per County bushel County bushel County bushel County bushel County bushel County bushel Adams — $0.86 McKenzie $0.81 D elaw are__ _ $1.02 Murray _____ $0. 97 M a rsh a ll__ _ $1.00 S p in k ______$0. 99 .95 McLean ____ .85 D ew ey______^ .9 6 M u sk ogee__ .9 7 Meade _____ .86 S t a n le y ____ .95 88 Mercer . 86 Ellis ______.95 Noble ______. 97 M ellette ____ .95 Sully _____ .96 Billings — .84 Morton ____ .88 G arfield___ .97 Nowata ___ 1.03 Miner _ _ __ .97 Todd _ _ .95 Bottineau __ .83 Mountrail . . . . 82 G a rv in ____ .97 Okfuskee___ .97 Minnehaha _ . 99 Tripp ______.96 Bowman _— . 85 N elso n ______.93 G rad y___ __ .97 Oklahoma__ .97 Moody ___ __ 1.01 T u r n e r ______.98 Burke----- .82 Oliver ___ .86 G ra n t_— .97 Okm ulgee___ .97 Pennington _ .88 Union ______1. 01 Burleigh - .89 Pembina ___ .94 Greer ______.97 Osage ______.99 Perkins ____ .87 W a lw o rth __ .94 Cass------.98 P ie rc e _ ___ .86 Harmon ____ .97 O ttaw a___ __ 1.02 Potter ______.96 Washabaugh _ .92 Cavalier —. .89 Ramsey ____ . 90 H a rp er____ .95 Pawnee ____ .97 R o b e r ts____ 1.02 Y a n k to n ___ .99 Dickey — — . 96 Ransom ____ .98 H askell____ .94 Payne ______.97 Sanborn ___ .96 Ziebach _____ .88 Divide — .80 Renville ____ .82 H u g h e s __ .97 P ittsb u rg___ .97 Shannon ___ .90 D unn___ i___ .85 Richland ___ 1.01 J a c k so n ___ .97 P o n to to c ___ . 97 T en n essee Eddy------.91 R o le tte ____ .85 J efferso n __ .97 Pottawatomie .97 Emmons —— .90 Sargent ____ . 99 J o h n ston __ .97 Pushmataha .92 S h e lb y ______$1. 17 Foster ----- — .92 Sheridan ___ .87 K a y ------. 98 Roger M ills__ .93 All other counties___ 1. 15 Golden Sioux __ ___ .88 K ingfisher_ - .97 R o g e rs______1.01 T exas Valley_— . 83 S l o p e __ ___ .86 K iow a____ .97 S em in o le___ .97 Grand Porks- . 96 S t a r k __ ___ .86 L a tim er___ .92 Sequoyah __ .97 A rch er______0. 99 Hunt ______1. 04 Grant__ _— . 87 S t e e le __ ...... 95 Le Flore___ .92 S t e p h e n s __ .97 Arm strong__ .98 J a c k ______1.02 Griggs — — .94 Stutsman . 93 L in c o ln ___ .97 T e x a s _____ . 95 B a iley ______.98 J efferso n ____ 1.24 Hettinger — .86 Towner ____ .86 Logan _____ .97 T illm a n ____ .97 Baylor______.98 J o h n so n _.__ 1.07 Kidder__ __ .90 T r a ill______.96 L o v e ______.98 T u ls a ______1. 00 B o sq u e______1.08 Jones ______.99 La Moure. .95 Walsh ______.94 M cClain___ .9 7 W a gon er__ _ .99 B o w ie ______1. 03 K a rn es______1. 11 Logan___ .92 Ward ______.83 McCurtain _- .92 Washington _ 1.02 B riscoe______.98 K in g ______.98 McHenry ___ . 85 Wells ___ .90 M c I n to sh _- .97 W ash ita____ .97 Brown ______1.04 Knox ______.98 ¡McIntosh-— .93 Williams ___ .80 M ajor_____ .96 W oods______.96 C a lla h a n ___ 1.01 Lamb ______.98 M arsh all__ .97 W ood w ard _ .95 C a rso n ______.98 Lampasas__ 1. 08 O h io M ayes'____ 1.01 Cass ______1. 04 L im eston e__ 1. 12 Adams______- 1.02 Licking _____ 1.05 Castro ______.98 L ip sco m b __ .97 Allen ______1.03 L o g a n ______1.03 Oregon C h ild ress___ .98 L u b b o c k ___ .98 Lynn . Ashland____ 1.05 Lorain ______1.05 Baker ______1.11 L a k e ______1.05 Clay ______1. 01 .98 Ashtabula__ 1.08 L u c a s ______1.04 C ochran_____ .98 McCulloch __ 1.04 B en to n _____ 1.15 Lane _ ___ 1.12 C o llin ______A th en s_ 1.04 M adison____ 1.03 1.19 L in c o ln ____ 1.15 1.06 McLennan __ 1.11 Clackamas - Mason ______Auglaize____ 1.02 M ah on in g__ 1.08 C la ts o p ___ 1.20 L in n ____ "__ 1.16 Collings- 1. 04 Belmont 1.05 M arion______1. 04 _ 1. 20 M alheur____ 1.03 w o r th ____ .98 M itch ell_____ .98 C o lu m b ia _ C om anche__ 1.04 Montague _- 1. 02 Brown 1 . 02 M edina_____ 1.05 1.03 M arion______1. 18 C o o s ______Concho —___ 1.04 Moore ______.97 Butler 1.02 M e ig s ______1 . 02 C rook _____ 1.12 M orrow ____ 1. 16 Carroll 1.05 M ercer ______1.02 C oryell______1.09 M o tle y ____ _ .98 C u rry _____ 1.03 Multnomah _ 1.20 C o ttle ______Champaign__ 1.02 Miami ______1.02 P o lk ______1.17 .98 Newton _____ 1.14 D esch u tes_ 1. 12 C ro sb y ______N o la n ______Clark______1 . 02 M onroe______1.05 1.06 S h erm a n ___ 1.19 .98 .98 D o u g la s___ D a lla m ______.97 N u e c e s____ _ 1.24 Clermont _____ 1.02 Montgomery _ 1.02 G illia m ___ 1.17 T illam ook _ 1.19 . - . ______D a w so n _____ .98 O ch iltree___ .97 Clinton 1.02 Morgan 1.05 G ra n t____ _ 1.12 U m a tilla ___ 1. 14 ______Deaf Sm ith_ .98 O ld h a m ____ .98 Columbiana _ 1.07 M orrow 1.04 H arney____ 1.00 Union ______1.12 Coshocton___ 1.05 M uskingum __ 1.05 Denton ______1. 04 Palo Pinto__ 1.03 Hood River_ 1.19 Wallowa____ 1. 10 D ic k e n s____ Parker ______Crawford_____ 1. 05 N o b le _____— 1. 05 J a ck so n ___ 1.04 Wasco _____ 1.19 .98 1. 06 ______D o n le y ______.98 Parmer _____ .98 Cuyahoga 1. 05 O ttaw a 1.04 Jefferson __ 1.16 Washington _ 1.19 Darke______P a u ld in g _____ 1.02 E a stla n d ___ 1.03 Potter ______.98 1. 05 J o sep h in e_ii. 1.04 Wheeler____ 1.14 Defiance ______F a n n in ____ _ 1.03 R a n d a ll_____ 1.02 Perry 1.04 K la m a th __ 1.06 Yamhill__ _ 1. 18 .98 Delaware___ 1.04 P ickaw ay _____ 1.03 - F ish er______.98 Reeves ______.88 Erie —_____ 1.04 Pike ______1.02 Pennsylvania Floyd ______.98 R o b e r ts____ .97 Fairfield_ 1.04 Portage ____ 1.05 F o a r d ______.98 Runnels _____ 1. 01 Fayette 1.02 Preble ______1.02 Philadelphia All other G a in e s ______.98 San Patricio. 1.24 Franklin 1.04 P u tn a m ____ 1.03 City ------1.30 c o u n t ie s _ $1.14 G a lv e sto n __ 1.24 San Saba ___ 1. 04 Fulton 1.02 R ich la n d ___ 1.05 Rhode Island G ille s p ie ___ 1.06 Scurry ______.98 Gallia____ | 1.02 R o s s ______1. 03 G r a y ______.98 S h er m a n ____ .97 G eauga____ 1.08 Sandusky___ 1.04 All counties- $1. 14 G rayson____ 1.03 S m ith ______1.09 Greene ___ _ 1 Hale ______1.02 Scioto ______. 02 South Carolina .98 S to n e w a ll__ .98 Guernsey_ 1.05 S e n e c a ______1.04 Hall — ...... '.98 Swisher _____ . 98 Hamilton__ 1.02 S h e lb y ______1.02 Charleston _ $1.30 Hansford ____ .97 Tarrant _____ 1.07 Hancock __ 1.04 Stark ______1. 05 All other counties 1. 20 H a rd em a n _ .98 Taylor ______1. 00 Hardin___ 1.04 S u m m it___- 1. 05 Harris __ ___ 1.24 Terry ______. .98 Harrison _ 1.05 Trumbull — __ 1.08 South Dakota H artley______.97 W h eeler_____ .98 Henry _ 1.02 Tuscarawas __ 1.05 A u rora____ .96 Pall River___ .87 Haskell _____ .98 W ichita _____ .99 Highland 1.02 U n io n ______1. 04 B e a d le ____ .98 P a u lk ______.97 H e m p h ill_- .97 Wilbarger ___ .98 Hocking 1. 04 Van W e r t___ 1.02 B e n n e tt___ .92 G r a n t______1.03 H id a lg o _ _ 1.02 Wise ...... 1.05 Holmes__ 1.05 V in to n ______1.04 Bon Homme. .99 Gregory _ __ .97 H o ck ley __ __ .98 Yoakum ___ .98 Huron_____ 1.05 W arren______1.02 B ro o k in g s_ 1.02 H a a k o n _____ .92 Hood ______1. 05 Young ______1.02 Jackson - 1.02 Washington _ 1.05 B row n______.98 H am lin ______1.01 H o w a rd ____ .98 Jefferson _____ 1.07 W a y n e ______1.05 Brule ______.96 H an d __ , ____ .97 U tah K n ox_ 1.05 W illia m s___ 1. 02 Buffalo Lake __ .96 H anson______.96 All counties $0. 90 1.07 W o o d ______1.04 Butte _____ .85 Harding ____ .85 Lawrence ____ 1.02 W yan d ot____ 1.04 C am p bell._ .93 H u gh es__ ___ .96 Verm ont Charles Mix. H utchinson_ All counties__ $1.14 Oklahom a .97 .98 C lark____ £._ 1. 00 H y d e ______.96 Virginia A dair____ . 97 C herokee___ .98 Clay __ — 1. 00 Jackson _____ . 92 Alfalfa . 97 C hoctaw ___ _ .92 C od in gton_... 1.01 Jerau ld______.96 Chesapeake All other Atoka _____ . 97 Cimarron___ .95 C o rso n ____ .89 Jones ______.95 (Norfolk) _ $1.30 counties__ $1.14 Beaver ____ . 95 Cleveland ___ .97 C uster_____ .87 K in gsb ury__ 1.00 Beckham .97 C oal___ .97 D a v iso n ___ .96 L a k e ______.99 W a sh in g ton Blaine . 97 Comanche__ .97 D a y ------1.00 L a w ren ce__ .85 A d a m s______. 1.14 Clark ______1.20 B ryan____ . 95 C o tto n ______.97 Deuel _____ 1.03 L in coln ______.99 Asotin ______1.12 C olum bia___ 1. 14 Caddo ____ . 97 Craig ______1.02 D ew ey_____ .89 L y m a n ______.96 B en to n ______1.16 Cowlitz _____ 1.20 Canadian. __ . 97 C r e e k ______.98 D o u g la s___ .97 M cC ook ____ .97 Chelan 1.15 Carter D o u g la s____ 1. 13 . 97 Custer ______.96 E dm u nd s__ - .96 M cP h erson _ .95 C la lla m ____ 1.05 Ferry ______1.09

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10846 RULES AND REGULATIONS

W a sh in g ton —Continued Rye grading U.S. No. 3 on account of being bank principally as a means of obtain­ Rate Rate “th in ”: ing funds to be used in its banking busi­ County per bushel County per bushel Discount (cents per ness, except any such obligation that: Franklin ___$1.14 Pend Oreille- $1. 06 ***** Garfield ____ 1.14 Pierce _ __ 1.20 “Thin” rye (percent) : bushel) G ra n t__ ___ 1.14 San Juan___ 1.13 15.1- 17.0 ______1 (3) (i) Bears on its face, in bold-face Grays Harbor- 1.14 Skagit ______1.14 17.1- 1 9 .0 ______2 type, the following: Isla n d __ ___ 1.14 S k a m a n ia __ 1.19 19.1- 21.0 ______3 Jefferson ___ 1.08 S n o h o m ish _ 1.17 21.1- 23.0 ______4 This obligation is not a deposit and is not 23.1- 25.0 ______5 insured by the Federal Deposit Insurance K in g -----___ 1.20 Spokane _____ 1.12 Corporation; K its a p _ ___ 1.09 Stevens ____ 1.07 Rye grading U.S. No. 4 on account of being K ittitas ____ 1.18 T h u rston ___ 1.17 “th in ”: states expressly that it is subordinated Klickitat ___ 1.19 Wahkiakum _ 1.17 The discounts shall be 5 cents per bushel to the claims of depositors and ineligi­ L e w is _____ 1.17 Walla Walla— 1.14 plus 1 cent for each 2 percent of “thin” rye ble as collateral for a loan by the issu­ Lincoln ____ 1. 13 W h a tc o m __ 1.12 or fraction thereof, in excess of 25 percent. M a s o n ____ 1. 11 Whitman __ 1.13 ing bank; is unsecured; has an original Okanogan __ 1, 12 Y a k im a ____ 1. 16 Discount maturity of 7 years or more; is in an P a c ific ____ 1. 14 (cents amount of at least $500; and has been per approved by the Comptroller of the Cur­ W est Virginia bushel) rency, in the case of a national bank, or All counties______$1.14 Weed control discount (where required by the Board of Governors, in the case by § 1421.25)______„______10 Wisconsin of a State member bank, as an addition to the bank’s capital structure; or (ii) A d a m s______1.10 M arath on __ 1. 05 Other factors: Amounts determined by Ashland _____ 1. 05 M a rin e tte __ 1. 06 CCC to represent market discounts for qual­ meets all of the requirements in the B a r ro n __ __ 1.05 Marquette__ 1. 11 ity factors not specified above which affect preceding clause except maturity and B a y field ____ 1.00 Menominee_ 1. 08 the value of rye, such as (but not limited to) with respect to which the Comptroller, B row n______1. 10 Milwaukee_ 1. 17 moisture, weevily, ergoty, stones, musty, sour, in the case of a national bank, or the B u ffa lo ______1.05 M onroe_____ 1. 07 and heating. Such discounts will be estab­ Board, in the case of a State member B u r n e tt____ 1. 08 Oconto ✓ 1. 08 lished approximately 1 month prior to the bank, has determined that exigent cir­ C a lu m e t___ 1.11 Oneida _ __ 1. 03 loan maturity date for rye and will there­ after be adjusted from time to time as CCC cumstances require the issuance of such Chippewa___ 1.04 O u ta g a m ie _ 1. 10 obligation without regard to the pro­ Clark 1.04 Ozaukee 1. 15 determines appropriate to reflect changes in C olum bia___ 1.12 P e p in ______1. 05 market conditions. Producers may obtain visions of this part; or (iii) was issued or C raw ford___ 1.06 Pierce __ __ 1. 05 schedules of such factors and discounts and publicly offered before June 30, 1970, D a n e ______1. 13 Polk ______1. 07 adjustments thereof at county ASCS offices with an original maturity of more than Dodge ______1.13 Portage _____ 1. 07 approximately 1 month prior to the loan 2 years; or Door ______1.04 P r ic e ____ _ 1. 03 maturity date or as soon thereafter as * * * * * D o u g la s__ 1.08 R a c in e _____ 1. 17 practicable. D u n n ______1.04 R ic h la n d ___ 1. 09 2a. The purpose of these amendments Eau Claire___ 1. 04 R o c k ______1. 16 Effective date: Upon publication in the is to narrow the category of member F lo r e n c e ____ 1. 00 R u sk ______1. 05 F ederal R egister. bank subordinated notes that are exempt Fond du Lac_ 1.12 Saint Croix__ 1. 05 from member bank reserve requirements Forest ______1.04 S a u k ______1. 12 Signed at Washington, D.C., on (Regulation D> and interest rate con­ Grant ______1.09 S a w y er_____ 1. 03 June 26,1970. trols (Regulation Q). The amendments G re en ______1. 14 Shawano ___ 1. 08 Green Lake__ 1.11 Sheboygan ___ 1. 13 Carroll G. B runthaver, are designed to distinguish clearly be­ I o w a ______1. 11 Taylor ______1. 03 Acting Executive Vice President, tween deposit-type funds and capital- Iron ______1.04 Trempealeau _ 1. 04 Commodity Credit Corporation. type funds. Their adoption has become Jackson _____ 1.05 V ern on ______1. 06 necessary in view of recent evidence that J efferso n ___ 1.15 V ila s ______1. 03 [F.R. Doc. 70-8419; Piled, July 2, 1970; member banks are able to acquire J u n ea u ______1.09 Walworth __ 1. 16 8:45 a.m.] deposit-type funds by marketing sub­ Kenosha ____ 1.17 W ashburn__ 1. 06 ordinated obligations that are presently K ew au n ee__ 1. 07 W ashington_ 1. 15 exempt from Regulations D and Q. La Crosse___ 1.06 Waukesha__ 1. 16 b. Notice of proposed rule making with L afayette___ 1.12 W au p aca___ 1. 09 Title 12— BANKS AND BANKING L a n g la d e___ 1.05 W au sh ara__ 1. 10 respect to these amendments was pub­ Lincoln ____ 1.04 Winnebago _ 1. 11 Chapter II— Federal Reserve System lished in the F ederal R egister of M anitowoc__ 1.10 Wood ______1. 06 March 10, 1970 (35 F.R. 4307). The SUBCHAPTER A— BOARD OF GOVERNORS OF W y om ing THE FEDERAL RESERVE SYSTEM amendments were adopted by the Board All counties. ). 90 after consideration of all relevant mate­ [Regs. D, Q] (b) Discounts. The basic support rate rial, including communications received shall be adjusted by discounts as follows: PART 204— RESERVES OF MEMBER from interested persons. The effective Rye containing more than three-tenths BANKS date was not deferred for the 30-day of 1 percent ergot (ergoty rye containing ¡period required by section 553(d) of in excess of 1 percent is not eligible for PART 217— INTEREST ON DEPOSITS title 5, United States Code. The Board warehouse-storage loans): Discount Certain Subordinated Obligations as found, when it published its proposal, (cents “per Deposits that the public interest compelled action Ergot content (percent) : bushel) at the earliest practicable time, and, ac­ 0.31-0.40______1 1. Effective June 30, 1970, § 204.1(f) cordingly, it announced that it was con­ 0 .41-0.50_____ 2 (3) of Regulation D and § 217.1(f) (3) 0.51-0.60 ______3 sidering adopting the amendments 0.61-0.70______4 of Regulation Q are amended to read as effective March 9, 1970. In the circum­ 0 .71-0.80______5 follows: stances, deferral of the effective date 0 .81-0.90______- ...... 6 (f) Deposits as including certainwould serve no useful purpose. 0 .91-1.00______7 promissory notes and other obligations. Rye grading U.S. No. 4 on the factor of test By order of the Board of Governors, weight only: For the purposes of this part, the term Discount “deposits” also includes a member bank’s June 12,1970. (cents per liability on any promisorry note, ac­ [ seal] K enneth A. K enton, Test weight (pounds): bushel) Deputy Secretary. 51.0- 51.9 ...... _____...... 5 knowledgment of advance, due bill, or 50.0- 50.9 ______10 similar obligation (written or oral) that [P.R. Doc. 70-8496; Piled, July 2, 1970; 49.0- 49.9 ______15 is issued or undertaken by a member 8:46 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 RULES AND REGULATIONS 10847 cannot otherwise obtain a commission specialists liable for induction under the Title 32— NATIONAL DEFENSE because of lack of position vacancy in provisions of the Universal Military USAR units or inability to join a unit Training and Service Act, as amended, Chapter V— Department of the Army due to geographical location. and as indicated in subparagraph (2) of SUBCHAPTER E— ORGANIZED RESERVES (4) Active duty requirements whenthis paragraph, an applicant must, prior q u a lifie d Reserve officers arp not to appointment, be a U.S. citizen or have PART 561— ARMY RESERVE available. lawfully entered the United States for (b) Warrant officers to fill— permanent residence under applicable Appointments ( 1 ) Ready Reserve troop program unit provisions of the Immigration and Sections 561.1-561.17 are revised to vacancies based on MOS requirement Nationality Act as amended, unless he read as follow s: regardless of the number of warrant offi­ is currently serving, or has served pre­ Appointments cers assigned provided warrant officers viously in the Armed Forces of the Sec. assigned as overstrength, who are not United States. Foreign nationals living 561.1 General. qualified in the MOS required for the in the United States or its possessions 561.2 Appointment limitations. position vacancy, are first given the op­ who have not applied for permanent 561.3 Eligibility criteria. portunity to become qualified in the residence (nondeclarant alien) may sub­ 561.4 Ineligibles. MOS and accept assignment to the mit application for initial appointment 561.5 Waiver. in the USAR with the provision that if 561.6 Grade on appointment. position. 561.7 Service obligations. (2) Active duty requirements under acceptable, application for permanent 561.8 Applications and allied papers. specific allocations announced by Head­ residence will be made. 561.9 Submission of application. quarters, Department of the Army, when (2) Applicants for Military Intelli­ 561.10 Appointment of officers and former qualified Reserve warrant officers are not gence and Civil Affairs Branches must officers. available. be citizens of the United States. 561.11 Appointment for assignment as (3) Department of the Army an­ (3) Under no circumstances will chaplains. appointment be made from the following 561.12 Appointment for assignment in the nounced quotas for Ready Reserve Judge Advocate General’s Corps. Reinforcements under specific alloca­ categories: 561.13 Appointment for assignment in the tions by career warrants for assignment (i) Applicants who have been con­ Women’s Army Corps. to a Control Group Reinforcement. victed of wartime desertion or evasion, 561.14 Appointment of professional and (c) The restrictions in paragraph (a) of military service, as specified in the technical personnel. of this section do not apply to warrant Immigration and Nationality Act. 561.15 Appointment for assignment in the officers and enlisted personnel in the (ii) Any individual if barred from Staff Specialist Branch. citizenship because of having applied for 561.16 Appointment in the Army National Active Army, Reserve officers in a grade Guard of the United States. above colonel who cease to occupy a posi­ and having been relieved or discharged 561.17 Appointment as Reserve Warrant tion commensurate with their grade, from service in the Armed Forces by Officers of the Army. Regular Army officers applying for reason of alienage. (d) Mental. Male applicant for ap­ Authority : §§ 561.1 to 561.17 issued under appointment in the Army Reserve con­ sec. 280, 70A Stat. 14; 10 U.S.C. 280. current with their unqualified resigna­ pointment as a commissioned officer tion, and Coast and Geodetic Survey must have a recorded standard score of Source: AR 135-100, Jan. 2, 1968, with five officers eligible for appointment as an 110 or higher on the Army Aptitude Area changes. exception to the provisions of § 561.4(e). GT and 115 or higher on the Officer A ppointments Candidate Test (OCT). Male applicant § 561.3 Eligibility criteria. § 561.1 General. for appointment as a warrant officer Sections 561.1-561.17 establishes re­ (a) General. Individuals possessing must have a recorded standard score of sponsibility and provides procedures for the qualifications in paragraphs (b) 110 or higher on the Army Aptitude Area the appointment of male and female through (j) of this section may apply GT. When the required score(s) is not commissioned and warrant officers in the for appointment as USAR commissioned recorded on qualification records, the Reserve components of the Army except or warrant officers except those individ­ applicant must be tested to determine his as follows: uals enrolled in or formally approved for mental qualification. Exceptions to these (a) For appointment in Reserve gen­ officer candidate school or prewarrant mental requirements may be made for— eral officer grades see AR 135-156. programs. (1) Applicants Tor appointment in (b) Army Medical Department com­ (b) Age. Minimum and maximum age the Army Medical Department. missioned officers will be appointed un­ limitations are shown below. The appli­ (2) Applicants for appointment in the der the provisions of AR 135-101, AR cant must not .have reached the birth­ Chaplains Branch. 601-139, and applicable paragraphs of day of the maximum age indicated prior (3) Applicants for appointment in this part referenced therein. to appointment in the grade indicated. the Judge Advocate General’s Corps. (c) Graduates of senior division (4) Former commissioned officers ap­ ROTC units will be appointed under the Minimum Maximum plying for reappointment as a commis­ provisions of AR 145-1. Grade age age » sioned officer or appointment as a (d) Graduates of officer candidate Second lieutenant, except warrant officer. schools will be appointed under the pro­ divinity students and WAC._ 18 28 Second lieutenants—divinity (5) Former warrant officers applying visions of AR 351-5. students...... is 30 for reappointment as a warrant officer. Second lieutenants—WAC..__ 20 28 8 561.2 Appointment limitations. First lieutenant....!______21 33 (e) Education. Each USAR applicant Captain______'__ 39 must— Appointment of qualified applicants as Major...... 3. 48 officers for service in the Army Reserve Lieutenant colonel______...3 61 (1) Have demonstrated understand­ are limited to those listed below. Colonel______65 ing and proficiency in the English lan­ Warrant officer, male______18 46 guage. Applicants whose mother tongue (a) Commissioned officers to fill—- Warrant officer, female______20 46 . *3^ Mobilization designee table of dis­ is other than English will be carefully tribution vacancies. • Maximum age limitations may be increased for former examined by the board to insure that officers and warrant officers by an amount not more than their command of the English language (2) Ready Reserve troop program unit the length of previous service in grade in which appoint­ is sufficient to enable them to perform vacancies. ment is authorized. (Previous service includes active duty or active Reserve service in any component of the as officers. (3) Quotas normally in the grade of Armed Forces.) An increase in age is not authorized if (2) For appointment as a commis­ captain and below announced by the an applicant will have less than 2 years to serve before being removed from an active status under provisions of sioned officer, be a graduate of a high department of the Army for Ready Re- AR 140-10, or if applying for appointment and concurrent school or school of comparable level, or t!fVe^Rein*orcement's. with assignment active duty, before being removed from active duty with pass the General Education Develop­ o a control Group Reinforcement. Ap- the Active Army under the provisions of AR 635-100. ment Test (high school level or higher) P mtments will be tendered only to ex- (c) Citizenship. (1) Except for thoseand meet any additional requirements Ptionally well qualified individuals who medical, dental, and allied category for specific branches.

FEDERAL REGISTER, VOL. 35, NO. T29— FRIDAY, JULY 3, 1970 10848 RULES AND REGULATIONS (3) For appointment as a warrant (3) Resignation for the good of the (i) Prove conclusively a valid reason officer, have sufficient education and service in lieu of court-martial, elimina­ for nonparticipation existed but is no practical experience to insure satisfac­ tion, or any form of disciplinary or cor­ longer a bar. tory performance of duties of the classi­ rective action. (ii) Agree to participate actively if fication for which application is made. (4) Commissioned officers having been appointed. (f) Character. Each applicant must be twice passed over for promotion or other­ (d) Corhmissioned officers, warrant of good moral character. wise released from active duty or active officers, and enlisted personnel drawing (g) Leadership. Applicants must pos­ status because of failure to be promoted retired pay for services with any of the sess qualifications as potential leaders to a higher commissioned grade except— Armed Forces except retired warrant and have the ability to deal effectively (i) Individuals in this category are officers and retired enlisted personnel of with people. Such qualifications may be eligible to apply for appointment as war­ the Regular Army who were former evaluated in terms of the applicant’s rant officer USAR if otherwise qualified. commissioned officers. background and experience. (ii) A Regular Army officer with 10 or (e) Commissioned officers of the Regu­ (h) Medical. Medical requirements are more years of active commissioned serv­ lar components of the Armed Forces, prescribed in AR 140-120, and chapter 2 ice and less than 20 years of active Fed­ Public Health Service, and U.S. Coast and paragraph 7-15, AR 40-501. eral service who is discharged because of and Geodetic Survey, except— (i) Security check and cryptographic failure, after second consideration, to be (1) Officers of the Regular Army as clearance. A minimum of a favorable selected for promotion, or who volun­ indicated in paragraph (c) (4) (ii) of this National Agency Check is required. A tarily resigns prior to discharge there­ section; and cryptographic clearance is required for fore, may apply to Commanding Officer, (2) Officers of the Coast and Geodetic each applicant for assignment to Army U.S. Army Reserve Components Person­ Survey commissioned from the Army Security Specialties. Applicants for ap­ nel Center, Office of Personnel Opera­ ROTC program who are about to be sepa­ pointment with assignment to Military tions, Attention: RCAP, Fort Benjamin rated from the Coast and Geodetic Sur­ Intelligence Branch will be informed Harrison, Indianapolis, IN 46249, for a vey prior to completion of at least 6 that background investigation and final Reserve commission. If it is determined years’ active duty. Such officers will be clearance may take up to 12 months. A that the applicant can be utilized in a appointed upon discharge from the Coast background investigation is required for Reserve status during mobilization, he and Geodetic Survey, if otherwise all alien personnel prior to their appoint­ may be appointed in an active Reserve qualified. ment as officers in the USAR. Waivers of status without regard to the limitations (f) Cadets, U.S. Military Academy, this requirement will not be granted. in § 561.2 or, if he desires, he may re­ U.S. Air Force Academy, and U.S. Coast (j) Examining boards. Applicants quest concurrent transfer to the retired Guard Academy, and midshipmen, U.S. must appear before an examining board Reserve. However, personnel so ap­ Naval Academy. except those individuals applying under pointed in the Reserve will not be (g) Female applicants who— §561.4 (c) (4) (ii) and (5) and (e)(2), brought to active duty under any pro­ (1) Are married, except participants and as otherwise provided for in this part curement program except an involuntary in the WAC Student Officer Program or in regulations governing specific order to active duty under the provisions (AR 601-115). appointments. of section IV, AR 135-210. (2) Have any legal or other responsi­ bility for the custody, control, care, § 561.4 Ineligibles. (5) USAR warrant officers having been twice passed over for AUS or USAR .maintenance, or support of any child or The following persons are not eligible promotion to a higher warrant officer children, including stepchildren or foster for appointment in USAR unless waiver grade are ineligible for appointment as children, under 18 years of age. is authorized under the provisions of commissioned officers or warrant officers (3) Have borne a child out of wedlock. § 561.5: in the USAR. A Regular Army warrant (h) Applicants whose appointment (a) Conscientious objectors, except officer with less than 20 years of active would cause them to hold simultaneously those classified by Selective Service as Federal service who is discharged be­ more than one Reserve status. This does 1-A-O who volunteer for noncombat cause of failure, after second considera­ not preclude appointment when separa­ service Vith concurrent active duty in the tion, to be selected for promotion, or tion from the current Reserve status can Chaplains Branch or any of the Corps of who voluntarily resigns prior to discharge be accomplished, For example, a reservist the Army Medical Department (except therefor, may apply to Commanding on active duty cannot be separated from Veterinary Corps). See § 561.8(j) for Officer, U.S. Army Reserve Components his current status so long as he is to statement required for such applicants. Personnel Center, Office of Personnel remain on active duty in that status. His (b) Persons who have been adjudged Operations, Attention: RCAP, Fort Ben­ appointment to another Reserve status youthful offenders or have a record of jamin Harrison, Indianapolis, IN 46249, will not be made unless he is to be placed convictions by any type of military or for a Reserve warrant. If it is determined on active duty under the new Reserve civil court, excluding minor traffic viola­ that the applicant can be utilized in a status. tions involving a fine or forfeiture of $50 Reserve status during mobilization he (i) Individuals denied retired pay or or less and excluding action taken under may be appointed in an active Reserve annuities under the so-called “Hiss Act” Article of War 104 or Article 15, Uniform status without regard to the limitations (Act of Sept. 1, 1954 (6ff Stat. 1142), as Code of Military Justice. in § 561.2 or, if he desires, he may request amended (5 U.S.C. 2281 et seq.)). (c) Persons dropped from the rolls or concurrent transfer to the retired (j) Individuals who are, or have been, released from active duty, or separated Reserve. members of any foreign or domestic from any component of the Armed Forces (6) Having been separated from any organization, association, movement, of the United States for any of the fol­ component of the Armed Forces as a group, or combination of persons advo­ lowing reasons: security risk. Applications for appoint­ cating a subversive policy or seeking to (1) Under other than honorable con­ ment filed by individuals who were under alter the form of government by uncon­ ditions. If, upon appeal, an individual’s security investigation at time of their stitutional means, whose case has not discharge was changed to separation separation will be forwarded to the Com­ been adjudicated favorably by the “under honorable conditions,” he is not manding Officer, U.S. Army Reserve Department of the Army. eligible for appointment solely because Components Personnel Center, Office of (k) Citizens of the United States of such change. The change in the char­ Personnel Operations, Attention: RCAP, residing in a foreign country, except acter of discharge does not alter the offi­ Fort Benjamin Harrison, Indianapolis, those— cial record of the individual’s service. IN 46249. (l) Residing in a country where the Appointment will be tendered or refused, (7) For failure to maintain eligibility United States has troops stationed, or based upon the facts and merit of the for retention in an active Reserve status. (2) Residing in a country where the individual case. Appointment will not be After a lapse of 1 year an individual may United States has a military mission, effected in any case until Approval has be considered for appointment if the advisory or similar group, or been received from Headquarters, De­ obstacles to active Reserve participation (3) Employed by the U.S. Government partment of the Army. have been removed. An individual in this and on duty with an Embassy, Legation, (2) For unsatisfactory service. category must— or Consular office of the' United States.

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 RULES AND REGULATIONS 10849

(4) Residing in an area occupied by recommendations of intermediate com­ (1) Exceptions to maximum age limi­ the Armed Forces of the United States. manders when applicable. Requests for tation up to 40th birthday for initial ap­ Note: Request to obtain the official con­ waiver will be processed as follows: pointment with concurrent active duty in sent of the country in which they reside to (a) Chief of Personnel Operations. the grade of first lieutenant, Chaplains accept appointm ent as a USAR commissioned The following requests for waiver will be Branch. or warrant officer from individuals in sub- forwarded to the Commanding Officer, (2) Appearance before an examining paragraphs (1), (2), or (3) of this paragraph U.S. Army Reserve Components Person­ board for initial appointment in grade above will be submitted through diplomatic nel Center, Office of Personnel Opera­ of captain and below when the services channels. . tions, Attention: RCAP, Fort Benjamin of the individual are desired for immedi­ (l) Except as indicated in AR 135-101 Harrison, Indianapolis, IN 46249: ate active duty. and AR 601-139, applicants with a Selec­ (1) Exceptions to prescribed maxi­ (c) Area commanders. Area com­ tive Service classification of 1-A, or when mum age limitations, education, experi­ manders may grant a waiver for offenses their classification could be changed to ence, and miiltary training will be con­ under military or civil codes, except as 1-A with loss of deferment status, except sidered when individuals possess unusual specified in paragraph (a) (3) of this when applying for appointment with skills or technical qualifications fulfilling section, if the applicant’s conduct and concurrent active duty. a specific need. Waiver of both educa­ character at this time are above reproach (m) Enlisted members of the Reserve tion and experience in an individual case and the potential value of the appli­ components of the Armed Forces of the will not be considered for appointment cant’s services as a Reserve officer of the United States with a remaining service under § 561.14. Army is considered to be very high. (2) Waiver for appointment in the obligation who have not completed an § 561.6 Grade on appointment. initial tour of active duty or active duty grade of lieutenant colonel and colonel for training. Applications may be ac­ of applicants without prior commis­ If otherwise qualified, applicants may cepted from such applicants when con­ sioned service. be appointed in grades indicated. current active duty is requested. (3) Requests for waiver of conviction (a) Commissioned officers. (1) Male (n) Applicants for appointment as of the following offenses will be sub­ warrant officers and enlisted personnel commissioned officer unable to complete mitted with the application and evalu­ will not be appointed above the grade of 20 years creditable service for retirement ated with the National Agency Check: second lieutenant. Exceptions may be or retired pay prior to mandatory (i) Felony under local, Federal, or made by the Department of the Army removal from an active status as pre­ military law. where outstanding leadership perform­ scribed in AR 140-10 or those applying (ii) One which resulted in sentence to ance in combat and exceptional qualifi­ for concurrent active duty who are un­ confinement in, prison, stockade, or de­ cations make the action in the best in­ able to qualify for retirement under title tention area, or in sentence to hard labor. terest of the Army. 10, United States Code, section 3911, (iii) One involving moral turpitude. (2) Officers and former officers. prior to attaining 28 years’ service as (4) Applications from individuals em­ (i) Former Army officers in the high­ computed under the provisions of title ployed by a foreign government for final est grade satisfactorily held or in the 10, United States Code, section 3853. determination by the Secretary of the last grade held if reduced from a higher Applicants for warrant officer appoint­ Army. grade. ment who are unable to complete 20 (5) Waiver of requirements set forth (ii) Reserve officers or former com­ years of satisfactory active Federal in § 561.12(b) (1) and (3) for appoint­ missioned officers of the other Armed service prior to age 62. ment in the Judge Advocate General’s Forces of the United States, U.S. Public (o) Individuals transferred to the Corps. Health Service, including temporary offi­ Standby Reserve or discharged from the (6) Waiver of the provisions of § 561.- cers thereof, and officers of the Coast and Army as a result of approved exemption 4(c)(4) will be considered for those in­ Geodetic Survey, when applicable, in the from involuntary order to active duty as dividuals who were discharged as a re­ Army grade comparable to the last grade a member of the Ready Reserve as pre­ suit of twice failing of selection for USAR satisfactorily held by them. scribed by AR 601-25. promotion based on promotion service accrual while regularly enrolled as stu­ (iii) Former second lieutenants who (p) Those who are in the military upon appointment would be eligible for service of a foreign government, or those dents in approved medical or dental schools or while undergoing civilian in­ promotion to first lieutenant may be ap­ employed by a foreign government. pointed in the grade of first lieutenant. (q) Individuals will not be initially ternship or residency training. appointed under § 561.14 or § 561.15, (7) Exceptions to the provisions of (3) Appointment to fill troop program who currently hold an appointment as a § 561.4(o) may be made when appoint­ unit and mobilization designation vacan­ commissioned officer in the USAR. ment is for concurrent active duty. Those cies will be in the appropriate branch Further, no person will be appointed members of the Standby Reserve re­ and in the grades authorized in sub- Whose separation from previous service questing waiver under this paragraph paragraphs (1), (2), (4), and (5) of this was under circumstances that indicate must also meet the requirements of paragraph. An applicant who is found there is an attempt to circumvent norma] § 561.4(h). qualified for appointment to the grade promotion procedures. (8) Waiver of the provisions of § 561.- of second lieutenant may be appointed (r) Regular Army warrant officers 4(n) may be considered at Headquarters, to fill only a vacancy in which the TOE may not be appointed if the appointment Department of the Army on an individ­ or TDA authorized grade is lieutenant. would cause them to hold dual status ual basis when an applicant applying An applicant who is found qualified for Regular Army warrant officers may apply for appointment without concurrent ac­ appointment in a grade of first lieutenant for direct appointment under this pari tive duty possesses outstanding qualifi­ or above may be appointed in a vacancy Provided a resignation from their present cations. in which the TOE or TDA authorized status is submitted under the provisions (9) Requests for waiver of any dis­ grade is up to two grades above the grade of AR 635-120. qualification other than those specifically of appointment. Appointment to fill a (s) Individuals who are pursuing a authorized in this section will be acted vacancy will be authorized only after course of graduate study in one of the upon by Headquarters, Department of it has been determined that the vacancy health professions (medicine, dentistry, the Army. Waivers will not be considered cannot be filled by assignmnet of an offi­ veterinary medicine, osteopathy, or op­ unless approval is recommended by ap­ cer within the criteria for assignment tometry) except in programs which are propriate area commander. Waivers will of officers as specified in AR 140-10. muted to students in the health profes- not be considered for ineligibilities listed (4) For grades on appointment with

FEDERAL REGISTER, VOL. 35, NO. 129—-FRIDAY, JULY 3, 1970 10850 RULES AND REGULATIONS

(b) Warrant officers. Appointments requests an examination. Any applicant (n) Nonprior service male applicants will be as warrant officer, W -l, except— drawing a pension, disability compensa­ under 26 years of age who have not (1) Chief warrant officers and former tion, or retirement pay must undergo a previously incurred a service obligation chief warrant officers may be appointed medical fitness examination regardless of under the UMTS Act will complete in the highest warrant officer grade sat­ how recently his last medical examina­ Certificate of Acknowledgment and isfactorily held. tion was completed. Applicants for ap­ Understanding of Service Requirements (2) Commissioned and former com­ pointment as USAR warrant officer with for Individuals Applying for Appoint­ missioned officers who have served a concurrent active duty who are serving ment (DA Form 3574) in triplicate. minimum of 2 years active service in on active duty in an enlisted status in (o) Prior service applicants appointed a commissioned status may be appointed the Army will not be required to undergo following a break in service, female ap­ in the grade of chief warrant officer, W-2. a medical examination until notification plicants and nonprior service applicants (3) Enlisted men who are serving in is received from the Commanding Offi­ over 26 years of age will complete Certifi­ the grade of E-8 or E-9 may be ap­ cer, U.S. Army Reserve Components cate of Acknowledgment and Under­ pointed in the grade of chief warrant Personnel Center (CO, USARCPC) of standing of Service Requirements for officer, W-2, provided they have at the applicant’s selection for appoint­ Individuals Applying for Appointment least 2 years of active status in the ment. Applicants for appointment as (DA Form 3575) in triplicate. grade in which serving on the date of commissioned or warrant officers with­ (p) An individual not a citizen of the appointment. out concurrent active duty will not be United States, by birth will submit a required to undergo medical examina­ statement as prescribed in AR 135-100. § 561.7 Service obligations. tions until selected for appointment by (q) Proof of birth of citizen bom (a) For obligations incurred upon the appropriate appointing authority. abroad. Children born of an American initial appointment, see AR 135-90 and (f) v Three full-length photographsparent or parents outside the United DA Forms 3574 and 3575. (approximately postcard size) when ap­ States acquire citizenship through the (b) Nonobligated personnel appointed plication is for Military Intelligence for parent or parents. A Certificate of Citi­ as commissioned or warrant .officers in INTC specialization. zenship issued by the Immigration and the USAR must be available for service (g) Photostatic copy of DA Form 152 Naturalization Service is the only docu­ during any emergency or mobilization. (Certificate of Completion of Course) ment authorized by statute to be issued to Applicants must have full knowledge of when required. persons who acquire citizenship through this requirement when submitting appli­ a parent or parents and is the only cations for appointment. (h) DA Form 160 (Application for document acceptable as proof of U.S. (c) Applicants accepted for appoint­ Active Duty) in duplicate, when apply­ citizenship. ment as commissioned or warrant offi­ ing for appointment with concurrent (r) The following signed statement cers in the USAR with concurrent active active duty. from an applicant for appointment with duty are required to serve in an active (i) A signed statement will be fur­ concurrent active duty with assignment status for a specified period. The dura­ nished by former conscientious objectors as a Chaplain who may not because of tion of this term of service will be in expressing abandonment of such beliefs the provisions of title 10, U.S.C. 3848, accordance with regulations or Depart­ so far as they pertain to their willingness be able to qualify for retirement under ment of the Army circulars announcing to bear arms and to give full and un­ 10 U.S.C. 3911. This statement is not each procurement program. qualified military service to the United required for those individuals who can­ States and agreeing that they will not not qualify for retirement under 10 § 561.8 Applications and allied papers. apply for separation by reason of con­ U.S.C. 3911 prior to attaining age 60. scientious objection during the period of Applications for appointment in the I understand that, because of my age, the USAR will include the following docu­ their contracted agreement. possibility of my becoming entitled to mili­ ments, except as indicated in paragraphs (j) A statement by a conscientious tary retirement benefits under existing legis­ (u) and (v) of this section: objector applying for appointment in the lation is contingent upon the passage of (a) DA Form 61 (Application for Ap­ Chaplains Branch or a corps of the future events which are not accurately pointment) in duplicate. When applica­ Army Medical Department (except predictable at this time. tion is being submitted under § 561.14, Veterinary Corps) to the effect that he For statement from applicants for ap­ the specialty for which applying will be conscientiously objects to combat serv­ pointment with assignment to the Army shown in item 32. ice but is willing to perform full and Medical Department, see AR 135-101 (b) Documentary evidence of educa­ unqualified service as a Chaplain or offi­ and AR 601-139. tional qualifications. Consolidated tran­ cer of the Army Medical Department (s) Applicants for appointment with scripts of college and university study (except Veterinary Corps). Conscientious concurrent active duty will complete a will be signed by an official of the insti­ objectors applying under the provisions personal summary sheet listing military tution attended. Photostatic or true of this paragraph must possess a Selec­ and civilian education to indicate prior copies are acceptable. tive Service classification of no higher active Federal Service, unit, job title, (c) DD Form 98 (Armed Forces Secu­ than 1-A-O (as opposed to l-O ). and MOS. rity Questionnaire) in duplicate. (k) Members of Reserve components (t) A statement by applicants who are (d) Forms required for completion of of the Navy, Air Force, Marine Corps, enlisted members of the Reserve com­ personnel security investigation as pre­ Coast Guard, and Public Health Service ponents of the Armed Forces and who scribed in AR 381-130. When forward­ must meet requirements of AR 140-10 have completed 6 months active duty or ing applications for appointment and for interservice transfer between Re­ an initial torn* of ACDUTRA acknowl­ concurrent active duty a statement that serve components of the Armed Forces. edging that if their induction is caused a National Agency Check or other in­ A conditional release obtained through by failure to participate satisfactorily in vestigation of broader scope has been official channels will be submitted with required training, they will be ineligible initiated (date initiated) or that such the application. for active duty as an officer or warrant investigation has been conducted pre­ (l) A statement from the appropriate officer and their commission or warrant viously, with identifying date, will be in­ State adjutant general that a member will be terminated. cluded, when appropriate. of the ARNG or ARNGUS applying for (u) In lieu of formal application the (e) Standard Form 88 (Report of appointment as USAR officer, if tendered following may request appointment in Medical Examination) will be prepared an appointment, will be separated from letter form: in two copies and Standard Form 89 (Re­ his National Guard status. (1) Regular Army officers applying for port of Medical History) will be prepared (m) Female applicants having sur­ USAR appointment concurrent with in original only. If a previous medical rendered rights to custody and control Regular Army resignation. examination is valid under AR 40-501, a of dependents under 18 years of age (2) Individuals currently serving on new medical examination will be re­ through formal adoption or final divorce active duty as officers of the other Armed quired only if the appointing authority proceedings will submit a certificate or Forces when applying for appointment has reason to question the medical fit­ photostatic copy of the instrument that with concurrent active, duty as pre­ ness of the applicant, or if the applicant accomplished such action. scribed in AR 614-120.

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 RULES AND REGULATIONS 10851

(3) Warrant officers applying under § 561.10 Appointment of officers and scripts of undergraduate credits, a con­ «561.17(b)(1) (ni) and (iv), and for­ form er officers. solidated transcript of graduate credits mer officers under § 561.17(b) (1) (v) (a) Applications of officers and former completed at the time of application and when applying within 1 year from date officers must meet the requirements pre­ a statement from the registrar of the of discharge. Such applicant must meet scribed in §§ 561.1 through 561.7 and hours that will be completed upon gradu­ requirements of § 561.3(h). will be processed in accordance with ation. The Chief of Chaplains will verify (4) USAR officers applying for ap­ §§ 561.8 and 561.9. successful completion of graduate study pointment for assignment in another (b) Appointments under this section prior to appointment. branch or grade. Such applicants must will not be made in general officer grades (ii) Ecclesiastical indorsement. Each furnish documentary evidence of educa­ or for assignment in— applicant must be— tional level as required for the branch ( 1 ) Army Medical Department. (a) Accredited by and in good stand­ and any additional forms, documents or (2) Chaplains. ing in a recognized religious denomina­ information as required by other regula­ (3) Civil Affairs. tion or organization. tions or the section of those regulations (4) Judge Advocate General’s Corps. (b) A fully ordained or accredited governing the particular branch. In ad­ priest, rabbi, or minister of religion. dition, a current medical examination § 561.11' Appointment for assignment as (c) Actively engaged in the pursuit of as prescribed in AR 140-120 is required. Chaplains. his religious vocation. (v) For members of the Coast and (a) General. This section prescribes (d) Qualified spiritually*, intellectu­ Geodetic Survey applying under § 561.4 special requirements and procedures for ally, and psychologically for the Army (e), the forms required by paragraphs appointment of qualified male personnel Chaplaincy. (a), (c), (d), and (f) of this section. for assignment as Chaplains. The pro­ (e) Granted ecclesiastical indorse­ ment by the recognized agency of his § 561.9 Submission of application. visions of §§ 561.1 through 561.7 apply except as otherwise provided in this denomination. Applications for appointment in the section. (/) Granted conditional ecclesiastical USAR as commissioned or warrant offi­ (b) Special requirements. (1) Appli­ indorsement by the recognized agency cers will be submitted under this section, cants with prior service as Chaplains in of his denpmination in lieu of ecclesiasti­ except that applicants for appointment any component of the Armed Forces of cal indorsement if he is a senior theo­ under §§ 561.10 through 561.17 must the United States must meet the require­ logical student requesting active duty. meet special requirements outlined in ments shown in subdivision (ii) of this The conditional indorsement will indi­ those sections. Applicants for appoint­ paragraph. Applicants for initial ap­ cate that he will receive full indorsement ment in the Army Nurse Corps and the pointment in grades above second lieu­ upon graduation from the seminary Army Medical Specialist Corps will be tenant and former officers without prior and/or ordination. The Chief of Chap­ guided by AR 601-139 and applicants for service as chaplains must meet the fol­ lains will verify ecclesiastical indorse­ appointments in the other corps of the lowing criteria: ments prior to appointment. Army Medical Department by AR 135- (i) Education— (2) Applicants for initial appoint­ 101. Applications will be submitted as (a) Possess a consolidated transcript ment in the grade of second lieutenant follows: of a minimum of 120 semester horns of with assignment to the Staff Specialist (a) For appointment with assignment undergraduate credits from a college or Branch, MOS 0001 (Divinity Student) to Reserve troop program units, mobi­ university accredited by one of the six must meet the following special require­ lization designee table of distribution regional accrediting associations shown ments (such applicants will not be re­ vacancies and Ready Reserve Reinforce­ in the Education Directory, Part 3: quired to appear before an examining ment vacancies. Higher Education, published by the U.S. board as required by § 561.3 (j), but will (1) Through the unit commander for Department of Health, Education, and be required to appear before an examin­ enlisted and warrant officer members of Welfare. An applicant who has completed ing board prior to being commissioned active Reserve units. work at a nonaccredited school may be as first lieutenant with assignment to (2) Through the commander of the acceptable if he presents a statement or the Chaplains Branch). unit where assignment is requested for transcript from an accredited institution (1) Present consolidated transcript of individuals not members of the Army indicating that he has a minimum of a minimum of 120 semester hours of Reserve. 120 semester hour credits acceptable to undergraduate credits completed in an (3) Through the commanding officer that institution. accredited school. of the unit where applicant is assigned (b) Possess a consolidated transcript (ii) Present ecclesiastical approval for duty when individual is currently on of a minimum of 90 semester hour gradu­ from the applicant’s recognized denomi­ active duty. ate credits or an appropriate graduate national indorsing agency. (4) Through the Commanding Officer, theological degree from a theological (iii) Present a statement from the U.S. Army Administration Center for ap­ school accepted as a member of the registrar of an accredited graduate plicants who arenonunit members of the American Association of Theological theological seminary, or other graduate Ready Reserve or members of the Stand­ Schools, or from a graduate school which school, that the applicant is either en­ by Reserve. is a component part of a college or uni­ rolled as a full-time student or has been (5) Through Army commander for versity accredited by an appropriate accepted for the next entering class. Ready Reserve Reinforcement vacancies regional accrediting association. An (iv) Applicant must sign the following except those submitted through sub- applicant who has completed work at statement and attach it to DA Form 61: paragraph (d) of this paragraph. a nonaccredited graduate theological If appointed in the grade of second lieuten­ (b) For appointment with concurrent school may be acceptable if he presents ant, USAR, MOS 0001 (Divinity Student) for active duty. a statement or transcript from an ac­ assignment to the Staff Specialist Branch, (1) For individuals not on active dutycredited graduate institution indicating I agree to apply for and accept a commis­ to the Army commander or Commanding sion as first lieutenant, USAR, with assign­ that he has 90 semester hour graduate ment to the Chaplains Branch, within 3 Officer, U.S. Army Administration Cen­ credits or a graduate theological degree years of graduation from seminary and ter, as appropriate for those reservists acceptable to that institution. ordination. I further agree to serve a mini­ under their jurisdiction. As an excep­ (c) As an exception to (b) of this sub­ mum period of 3 consecutive years active tion, applications for appointment with division, be a senior seminary student duty if the Department of the Army requires concurrent active duty with assignment enrolled in an accredited theological my services. to Chaplains Branch will be forwarded school or a graduate school which is a (c) Grade. (1) Appointment will not the applicant direct to the Chief of component part of a college or university be made in the grade of second lieuten­ Chaplains, Department of the Army, accredited by an appropriate regional ant, except as provided in subparagraph Washington, DC 20315. accrediting association and request ap­ (3) of this paragraph, or in general (2) For personnel on active duty, ap­ pointment with concurrent active duty. officer grades. plications will be forwarded through the Such persons may apply 180 days prior to (2) Appointment of qualified indi­ commander of the unit where the graduation and ordination. The appli­ viduals may be made in the following applicant is assigned for duty. cant must submit, in addition to tran­ grades:

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 No. 129- 10852 RULES AND REGULATIONS

(i) Applicants without prior commis­ Army Corps with detail to the Judge graph (3) of this paragraph, such credit sioned service above the grade of second Advocate General’s Corps as prescribed will be considered equivalent to the num­ lieutenant—first lieutenant. Applicants in § 561.13. ber of years in an active status for initially appointed under this authority (b) Special requirements. Each appli­ appointment in following grades: will be credited with 3 years service in cant for appointment for assignment in Years of service in an active status. the Judge Advocate General’s Corps an active status Grade (ii) Reserve officers or former officers, must meet the following requirements 3 years or more, but First lieutenant. including Chaplains of any of the Armed in addition to those shown in §§561.1- less than 7 years. Forces—in a grade corresponding to the 561.7: 7 years or more, but Captain. last grade held. (1) Have been graduated from a law less than 14 years. (iii) Reserve officers or former officers school approved by the American Bar 14 years or more, but Major, of the Armed Forces who have previously Association, with a professional degree. less than 21 years. 21 years or more, but Lieutenant Colonel, served sufficient time in grade to qualify Waiver of the approved law school pro­ less than 23 years. for consideration for promotion to the vision of this paragraph will be consid­ 23 or more years____ _ Colonel or lieuten­ next higher grade—in the higher grade. ered in accordance with § 561*5(a) (5), ant colonel as de­ (3) Qualified individuals may be ap­only in those cases where the applicant termined at Head­ pointed as second lieutenants in the possesses unique professional experience quarters, Depart­ USAR with assignment to the Staff as determined by the Judge Advocate ment of the Army. Specialist Branch, MOS 0001, until such General. (3) Credit for education and experi­ time as they become eligible for appoint­ (2) Have been admitted to practice ence will be computed as follows: ment as first lieutenant in the Chaplains and have membership in good standing (i) Three “years of service in an active Branch, without regard to quotas. An of the bar of the highest court of a State status” for graduation from a law school individual when appointed first lieu­ of the United States or a Federal court. which has been approved by the Ameri­ tenant will be credited with 3 years serv­ (3) Have been actively engaged in the can Bar Association; and ice in an active status exclusive of the practice of law, the teaching of law, or (ii) The number of years, months, and years, months, and days assigned in the in judicial office for a minimum period days that individual has been actively grade of second lieutenant, Staff of 3 years immediately preceding the engaged between the date of his admis­ Specialist Branch, USAR, as a divinity effective date of appointment. The re­ sion to the bar of the highest court of a student. quired 3-year period may be reduced, on State of the United States or a Federal (d) Applications. (1) Individuals ap­the following basis, for periods of mili­ court and his appointment in the Judge plying for appointment in grades above tary service (if not ptherwise creditable Advocate General’s Corps: second lieutenant will furnish the docu­ against the practice requirement): (a) In the practice of law. ments indicated below and those required (i) Full credit for periods of active (b) Teaching of law. by §§ 561.8 and 561.9. Individuals hold­ military service. (c) Performance of judicial duties. ing appointments as second lieutenants, (ii) Half credit for periods of service id) In the full-time pursuit of grad­ Staff Specialist Branch, with MOS 0001, (other than active duty) in the Ready uate legal studies. need not submit transcripts of under­ Reserve in a Reserve component of the , (e) In other appropriate professional graduate studies or forms required by Armed Forces. activities as determined by the Judge §§ 561.8 and 561.9 other than DA Form Waiver of this requirement will be con­ Advocate General. 61 and SF 88 and SF 89. sidered in accordance with § 561.5(a) (5) (1) Senior theological students, (a) only in the case of outstanding appli­ As an exception, for each year of profes­ Transcript and statement of registrar as cants whose services are desired for im­ sional experience in excess of 21 years, specified in paragraph (b)(1) (i) (b) of mediate active duty. An individual whose he will be given credit for only one-half this section. application is disapproved because of “years of service in an active status.” (b) Conditional ecclesiastical indorse­failure to satisfy the 3-year practice re­ (iii) The number of years, months, and ment as specified in paragraph (b) (1) quirement may reapply when eligible. days of active duty performed as a com­ (ii) (/) of this section. (c) -Grade. (1) A qualified person maymissioned officer in any of the Armed (ii) Other applicants, (a) A consoli­be appointed in the grade of first lieu­ Forces during the periods September 16, dated transcript of undergraduate and tenant through colonel for assignment 1940, to June 24,1948; and June 25,1950, graduate work. to the Judge Advocate General’s Corps. to July 27,1953. (b) Ecclesiastical indorsement. He may be appointed— (4) “Years of service in an active (2) Individuals applying for appoint­ (1) In the highest grade (or compara­ status” in excess of tiie minimum re­ ment in the grade of second lieutenant ble grade) held satisfactorily in the quired for the grade appointed will be will furnish the papers required by Judge Advocate General’s Corps or in an credited as “promotion service” in the §§ 561.8 and 561.9 and the additional assignment corresponding to an assign­ grade appointed. No periods of time will documents specified in paragraph (b) ment in the Judge Advocate General’s be used more than once in computing an Corps, while on active duty in any of the officer’s “years of service in an active (2) of this section. ^status.” (3) Ecclesiastical approval, condi­ Armed Forces; while in an active status in the Army Reserve, or while in the (d) Applications. Applications for ap­ tional indorsements, or ecclesiastical pointment under this section may in­ indorsement will be forwarded direct to federally recognized Army National Guard, or— clude the results of an interview with a the Chief of Chaplains, Department of field grade officer of the Judge Advocate the Army, Washington, DC 20315, by the (ii) In the highest grade for which he can qualify as a result of education and General Branch. In addition to the forms applicant or the denominational indors­ and allied papers required by §§561.8 ing agency when application is for ap­ experience as set forth in subparagraph (3) of this paragraph. For appointments and 561.9, applicants will submit the fol­ pointment with concurrent active duty. lowing documents: Area commanders are authorized to for­ without concurrent call to active duty, applicants must have completed at least (1) A certified transcript of all college ward applications and allied papers to and law school grades in support of un­ the CO, USARCPC without these docu­ 3 years practice of law, teaching of law, or in judicial office, before any remaining dergraduate and graduate degrees. ments when application is for appoint­ Transcripts should show, if practicable, ment without concurrent active duty. credit for education or experience is ap­ plied toward grade determination. A the class standing of the applicant. § 561.12 Appointment for assignment in combination of 3 years of law practice, (2) A statement from proper authority the Judge Advocate General’s Corps. teaching of law, or in judicial office, and showing that the applicant has been ad­ (a) General. This section prescribesmilitary service pursuant to paragraph mitted to private practice before the the special requirements for appointment (b) (3) of this section may be used in highest court of a State of the United of qualified male personnel for assign­ lieu of 3 years practice of law. ment to the Judge Advocate General’s (2) When the grade of an officer is States or a Federal court and that he is Corps. Qualified women attorneys may determined by credit for education and now a member of the bar thereof in good apply for appointment in the Women’s experience in accordance with subpara­ standing.

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 RULES AND REGULATIONS 10853

(3) A statement from the applicant sonnel management, public relations, or If applicant has no work experience, two listing all legal experience. Legal experi­ science. letters of appraisal from school officials ence may include governmental, judicial, (4) Medical fitness requirements pre­in addition to subdivision (i) of this sub- teaching, private practice, and graduate scribed in chapter 2, AR 40-501, apply paragraph will be submitted. legal studies. Each applicant will except that the minimum medical fitness (iii) Letters of appraisal from two include— standards will be those identified by a residents of the applicant’s home (1) A list and brief description of im­ physical profile serial of 111221. community. portant legal actions or other legal mat­ (c) Grade. (1) For appointment to fill (5) A written statement from the ap­ ters handled by him. vacancies in Ready Reserve troop plicant, outlining her reasons for desir­ (ii) If he has been in private practice, program units. ing a commission in the Women’s Army a general statement of the character (1) Initial appointments normally will Corps. The statement may be included thereof. be in the grade of second lieutenant. in remarks section of personal summary (iii) If he has had Government or (ii) Where detail of WAC personnel to sheet. military legal experience, a description another branch is authorized, qualified (6) Applicants for appointment in the of his position and rating. applicants may apply for appointment Women’s Army Corps with concurrent (iv) If he has held judicial office, the and assignment to the WAC branch and detail to the Judge Advocate General’s extent of the jurisdiction of his court. concurrent detail to an appropriate Corps will furnish documents prescribed (v) If he has taught law, the subjects branch. Appointment wili be in the grade in § 561.12(d) in addition to those pre­ which he teaches, or has taught. authorized for comparable male appli­ scribed in this section. Service agreement (vi) If he has pursued graduate legal cants assigned to the same branch. prescribed in subparagraph (3) of this studies, a transcript of all courses com­ (iii) Women who are otherwise quali­ paragraph will be modified to reflect an pleted, certified by an official of the fied may be appointed for assignment to agreement by such applicants to serve 3 school. the Women’s Army Corps in the highest years. (4) Letters based on personal ac­ grade in which they have previously quaintance from not less than three dis­ served satisfactorily on active duty § 561.14 Appointment of professional interested judges, lawyers, or law school (other than for training). and technical personnel. professors relative to the applicant’s rep­ (2) For appointment and concurrent (a) General. This section provides for utation and professional standing, the active duty. the appointment of professional and types of cases handled by him, and his (i) Appointments to meet WAC technical specialists as commissioned ability, as an,attorney, teacher, judge, or branch requirements normally will not be officers in the USAR. The categories for student. above first lieutenant. appointment under this section are listed (e) Photographs. Two copies of a (ii) Where detail of WAC personnel to below. Sections 561.1-561.9 will apply ex­ recent photograph, head and shoulder another branch is authorized, qualified cept as indicated in this section. type, 3" x 5" with the applicant’s name applicants my apply for appointment and Archivist. on the reverse. assignment to the WAC branch and con­ Aeronautical engineering. § 561.13 Appointment for assignment in current detail to an appropriate branch. Automotive engineering. the Women’s Army Corps. Appointments will be in the grade au­ Bacteriology. thorized for comparable male applicants Biochemistry. (a) General. This section prescribes assigned to the same branch, but not Biological sciences. the special requirements for the appoint­ above the grade of lieutenant colonel. Business administration. ment of qualified women for assignment Chemical engineering and chemistry. (d) Applications. The following docu­ Civil engineering. to the Women’s Army Corps. The pro­ ments, in addition to those prescribed in Education specialists. visions of §§ 561.1-561.9 apply, except as §§ 561.8 and 561.9, will be furnished: Electrical accounting machine specialists. otherwise indicated in this section. (1) A recent photograph, head and Electrical engineering, including radio, tele­ (b) Special requirements. (1) Each shoulder type, approximately post card vision, and wire communications. applicant must have a baccalaureate de­ size. The applicant’s name will appear on Electronic data processing systems specialists. gree from an accredited college or uni­ Entomology. the reverse. Fire prevention and firefighting. versity recognized by the Department of (2) Transcript of college credits. Stu­ Food technology (inspection, procurement, Health, Education, and Welfare, Office dents applying prior to date of gradu­ testing, research, and related subjects). of Education, as listed in Part 3, Educa­ ation will submit statement required by Geographers. tion Directory, Higher Education. Stu­ paragraph (b) of this section. Geology, geophysics, and meteorolgy. dents may apply in their senior year (3) Applications for concurrent order Geopolitical and area specialists. prior to date of graduation. The antici­ to active duty will include the following Guided missile specialists. pated date of graduation will be entered agreement:_ Harbor craft specialists. under “remarks” on the application. A Health physicist. If appointed and ordered to active duty I Highway engineering and traffic. statement by an official of the university agree to serve on active duty as an officer for Industrial specialists (engineering, manage­ or college verifying the entry will be at­ a period of 2 years, Including the time spent ment, and security). tached. Upon completion of degree re­ in attendance at the WAC officer basic course. Language and foreign liaison. quirements, the applicant will furnish the I understand that if I fail to satisfactorily Law enforcement officials, administratory, area commander a certificate of gradua­ complete the required WAC officer basic and allied investigative specialists. tion or a statement certifying that degree course my Reserve commission may be Legal. requirements have been satisfactorily terminated. Marine engineering. Mathematicians, statisticians, and physicists. completed, signed by an appropriate (4) Commanders receiving the appli­ Mechanical engineering. official of the university or college for cation will obtain the following reports Metallurgical engineering. transmittal to the CO, USARCPC, Atten­ and letters of appraisal for inclusion Military historians. tion: RCAP. if the applicant fails to with the allied papers. (When such re­ Mining engineering. graduate when scheduled, the CO, US ports and letters were secured prior to Naval architectural. "HCPC, Attention: RCAP will be notified enlistment, they will be removed from Nuclear specialists (nuclear physicist, radio­ immediately. logical chemist, nulear chemistry, nuclear the enlisted women’s file and be made a engineering, nuclear effects engineering, (2) For appointment and Concurrent part of the application.) biophysics, and bioradiology). detail to an appropriate branch, such as (i) Letter of appraisal from Dean of Parasitology. the Judge Advocate General’s Corps, re­ College, Dean of Women, or other college Penology. quirements for the detail branch apply. official. Petroleum and natural gas engineering. (3) For appointment and concurrent Pharmacology and toxicology. active duty in the grade of first lieuten­ (ii) Letters of appraisal from last two Photographic (still, motion picture, televi­ employers (full or part time), using DD sion, and related subjects). ant, the applicant must have professional Plant pathology. qualifications or supervisory experience Form 370 (Request for Report from Em­ Plant physiology. - the fields of education, business, per­ ployer, School, or Personal Reference). Postal.

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10854 RULES AND REGULATIONS

Printing and reproduction. of qualifying experience. Experience in Grade to which appointed Psychology. an allied field of specialization accept­ Lieutenant colonel Associate Officer Branch Psychological warfare (journalism, interna­ able to Headquarters, Department of the Career Course. tional relations, psychology, and related C o lo n el______Associate Officer Branch subjects). Army may be considered in computing Career Course. Public information, including field press cen­ minimum qualifying experience. sorship. (i) For service in the Military Rail­ (ii) Area commanders will insure that Purchasing, storage, and distribution (logis­ way Service and for duty as Postal spe­ individuals enroll in and pursue satis­ tics) . cialists, 4 years of qualifying experience factorily the appropriate course to Radar engineering. may be substituted in lieu of graduation qualify themselves for promotion and Railway service. from a recognized college. retention. Safety engineering. (ii) For service in harbor craft units, (d) Grade. Initial appointments are Submarine diving. the following may be substituted in lieu authorized in the grades indicated in Traffic management. paragraph (c) of this section, in recog­ Zoology. of graduation from a recognized college. Operations Research/Systems Analysis. (a) Possession of license required for nition of advanced professional or tech­ a civilian ship officer' in the American nical experience and training. Appoint­ (b) Branch. The branch of assign­ Merchant Marine and issued in accord­ ment may be made in grades up to and ment for male applicants will be deter­ ance with the general rules and regula­ including the grade of colonel when an mined by the authority tendering ap­ tions of the Board of Supervisory individual possesses outstanding qualifi­ pointment, based upon the qualifications Inspectors of the Merchant Marine cations critical to military requirements. of the applicant and the needs of the Inspection Service, the U.S. Coast Guard, service. The branch for female applicants § 561.15 Appointment for assignment in or the Bureau of Marine Inspection and the Staff Specialist Branch. will be Women’s Army Corps. Appoint­ Navigation. ments will not be made for assignment (b) A diploma or record of graduation (a) General. (1) This section pre­ in— from the Merchant Marine Academy. scribes the special requirements and (1) Armor. (c) A U.S. Power Squadron Certificate procedures for appointment as a com­ (2) Artillery (except Guided Missiles). as a navigator. missioned officer in the USAR for assign­ (3) Infantry. (iii) For appointment with assign­ ment as Staff Specialist. Sections 561.1- (4) Chaplains. ment as a postal specialist, the following 561.9 apply except as indicated in this (5) Judge Advocate General’s Corps. is required: section. (6) Corps of the Army Medical (a) Experience in an administrative, (2) No individual will be appointed Department. executive, or supervisory capacity in the for assignments to the Staff Specialist (7) Women’s Army Corps (except in U.S. Post Office Department, or— Branch if he can be appropriately as­ conjunction with concurrent detail to an (b) Experience in the Military Postal signed to another branch. appropriate branch). (Section 561.13 Service as a warrant officer or noncom­ (b) Eligibility. Divinity students—see applies.) missioned officer in grade E-5 or higher. § 561.11. All other applicants must— Civil Affairs. A minimum of 1 year of such experience (1) Meet general requirements of Staff Specialist. is required for the grade of second §§ 561.1-561.7. (c) Special requirements. (1) In ad­ lieutenant; 3 years for the grade of first (2) Qualify for a MOS listed in para­ dition to the requirements of §§ 561.1- lieutenant, and 5 years for the grade of graph (d) of this section. 561.7, each applicant must possess the captain. (3) Possess advanced professional or professional or technical ability required (6) Military education, (i) Applicantstechnical experience and training. to perform the duties appropriate to the who are appointed under this section (c) Applications. (1) Divinity stu­ grade of appointment and branch of as­ may be granted equivalent credit by dents will apply under the provisions of Headquarters, Department of the Army, signment. for military education as shown below. § 561.11. (2) For appointment to fill vacancies Letter of appointment, prescribed by AR (2) Other applications will be proc­ in the Reserve troop program, an appli­ 135-100, will be modified to include this essed in accordance with §§ 561.8 and cant’s service must be required and there 561.9. Forwarding indorsements will must not be a qualified Reserve commis­ information when applicable. recommend grade for appointment tak­ sioned officer of the appropriate or lower Grade to which appointed ing into consideration individual attain­ grade available to fill the vacancy. Second lieutenant- None. ments, usable skills, training, or knowl­ First lieutenant__ None. (3) For appointment with concurrent C ap tain______Officer Branch Basic edge, and related requirements of the active duty an applicant’s services must Course. Army. be required to meet the needs of the Ac­ M ajor______Fifty percent of the (d) Specialist categories for appoint­ tive Army. total credit hours ment. Appointment may be made in the (4) Except as provided in subpara­ of the Associate Offi­ cer Branch Career Staff Specialist Branch for the following graph (5) of this paragraph, applicants Course. MOS: must have graduated with at least a bac­ calaureate degree from an accredited college or university recognized by the Proponent agency Title MOS Department of Health, Education, and Chief of Chaplains...... Duties unassigned (divinity student or seminarian)...... 0001 Welfare, Office of Education, as listed in OPO (AG Branch, OPD)___...... Selective service officer...... 2331 part 3, Education Directory, Higher Chief of Military History...... Military historian...... 2421 Education, preferably with a major field OPO (AG Branch, OPD)...... Nonmilitary subject instruction officer (teaching methods). 2701 OPO (AG Branch, OPD)...... Nonmilitary subject instruction officer (physical science)... 2701 of study closely related to the specialty OPO (AG Branch, OPD)...... Nonmilitary subject instruction officer (English)...... 2701 serving as the basis for appointment and OPO (AG Branch, OPD)..______Nonmilitary subject instruction officer (social sciences)...... 2701 CINFO...... Information officer______5505 have at least the minimum number of CINFO...... Radio broadcast officer...... --- 5522 years of qualifying experience indicated DCSOPS...... Psychological warfare officer...... 9305 below for appointment to the grade in- DCSOPS...... -_____ Foreign language propaganda officer (designated language). 9306 dicated: Years 561.16 Appointment in the Army Na­ (2) No person will be appointed in a Grade experience tional Guard of the United States. commissioned grade above major unless he was formerly a commissioned officer Second lieutenant------One. (a) General. (1) Upon being federally First lieutenant______Three. of an armed force or such an appoint* C a p ta in ------Six. recognized, an officer or warrant offi­ ment is recommended by a board of offi­ Major ------Twelve. cer of the Army National Guard will be cers convened by the Secretary of the (5) Each year of graduate educationappointed as a Reserve of the Army for Army. in the field for which the applicant is be­ service as a member of the Army Na­ (b) Personnel eligible to be appointed. ing considered may be counted as a year tional Guard of The United States. To become an officer of the ARNGUS an

FEDERAL REGISTER, VOL. 35, NO. T29— FRIDAY, JULY 3, 1970 RULES AND REGULATIONS 10855 individual must first be appointed and (vi? Qualified technical experts or federally recognized in the same grade specialists who are former members of Title 42— PUBLIC HEALTH in the Army National Guard. Such indi­ any component of any U.S. Armed Force viduals must also meet the security or civilians with no military status. Chapter I— Public Health Service, De­ standards prescribed in § 561.3 (i). (2) Specialty requirements: partment of Health, Education, and (c) Applications. Applications for ap­ (i) Applications for Army attaché Welfare pointment as Reserve commissioned or career warrant officers will be limited to warrant officérs of the Army will be sub­ SUBCHAPTER F— QUARANTINE, INSPECTION, individuals who meet the requirements of LICENSING mitted through appropriate National AR 611-60 and have been assigned and Guard commanders, the State adjutant performed duties in any Army attaché PART 78— REGULATIONS FOR THE general, and the CO, USARCPC, Atten­ office for a period of at least 6 months ADMINISTRATION AND ENFORCE­ tion: RCAP. The following forms will in a military or civilian status. MENT OF THE RADIATION CON­ be submitted: (ii) Applicants for appointment in the (1) NGS Form 62 (Application for TROL FOR HEALTH AND SAFETY intelligence career fields covered in AR ACT OF 1968 Federal Recognition as an Army Na­ 140-192 must meet the requirements tional Guard Officer or Warrant Officer specified in this section, or submit Records and Reports and Appointment as a Reserve Commis­ appropriate request for waiver. sioned Officer or Warrant Officer of the In F.R. Doc. 70-6172 appearing in the Army in the Army National Guard of (iii) Applicants for appointment as issue for Thursday, May 28,1970, § 78.712 the United States) in single copy. bandmaster must meet additional tech­ (b) is corrected by changing the second (2) One copy of DD Form 398 (State­ nical requirements. Evaluations are sentence to read: “Such reports shall ment of Personal History). Entry re­ made in the following areas to determine cover the 12-month period ending on the garding a favorable National Agency the qualifications of each applicant: June 30 preceding the due date of the check will be recorded on the DD Form (a) Civilian and service music educa­ report.” 398. tion and experience. (3) DD Form 98 (Armed Forces Se­ (b) Knowledge of sound band man­ Dated: June 26,1970. agement to include the operation of con­ curity Questionnaire), one copy to ac­ R aymond T. M oore, company the application and one copy cert bands, dance bands, and ensembles. Acting Commissioner, Environ­ to be retained in the Personnel Records (c) Conducting capabilities to include mental Control Administration. Jacket. See paragraph 15, AR 604-10. baton techniques, musicality of presen­ tation, rehearsal techniques, podium [F.R. Doc. 70-8541; Filed, July 2r 1970; § 561.17 Appointment as Reserve War­ presence, military bearing, and sound 8:49 a.m.] 1 rant Officers of the Army. leadership characteristics. (a) General. This section prescribes (d) Theoretical capabilities to include special requirements for the appointment sight-singing, sight-reading, melodic of Reserve warrant officers of the Army dictation, harmonic dictation, aural and Title 14— AERONAUTICS AND for service in the Army Reserve. Sections written harmony, arranging and knowl­ 561.1-561.9 apply except as provided in edge of instrumentation. In those cases SPACE this section. where a definite evaluation cannot be Chapter I— Federal Aviation Adminis­ (b) Special requirements. (1) Per­ made by a review of the application and tration, Department of Transportation sonnel listed below qualifying for war­ allied papers, the CO, USARCPC will rant officer MOS currently authorized direct that a technical examination be [Docket No. 70-CE-9-AD; Amdt. 39-1019] in AR 611-112 or AR 611-113 may apply administered to the applicant by the PART 39— AIRWORTHINESS bandmaster of the band at the CONUS for appointment under this section. Al­ DIRECTIVES though Reserve enlisted personnel and army headquarters or major oversea Reserve officers are eligible for appoint­ headquarters through which the ap­ Beech Models 35, 50, 65, and 95 ment under this regulation, acceptance plicant applied or at Headquarters, Series Airplanes of appointment as a Reserve warrant USCONARC. All travel involved will be officer will automatically terminate any at the expense of the applicant. Amendment 421, AD 62-8-3, published other Reserve status held by the indi­ (e) Personnel applying for appoint­ in the F ederal R egister on April 17, vidual concerned. Such persons serving ment as Reserve warrant officer, Army 1962, requires repetitive inspections and on active duty will be appointed only as Band Officer, will include the following replacement where necessary of the white authorized in § 561.2(b) (2). items with their applications and allied plastic rams horn control wheels in­ papers: stalled on Beech Models 35, 50, 65, and (i) Enlisted personnel of the Reserve 95 series airplanes and on Model Super components of the Armed Forces. (1) Chronological listing of all mili­ V conversions of the standard Beech (ii) Enlisted personnel in the active tary and civilian positions held to include Models 35, A35, and B35 airplanes. After military service of the Armed Forces specific scope of responsibilities. issuing AD 62-8-3 the manufacturer provided they are ordered to concurrent (2) Representative list or programs of designed new replacement control wheels active duty as warrant officers under* the solos played or recitals given on major that are similar to the affected control provisions of § 561.2(b) (2). instruments for public performance. wheels but which do not require the • former warrant officers currently (3) Representative list or programs repetitive inspections called for in AD m civilian status. Applicants applying of band numbers conducted in public 62-8-3. Beech Service Bulletin, dated under this section, if otherwise quali­ March 1962, titled “Control Wheel, Clock fied, will not be subject to the require­ performance. and Map Light, Inspection of Plastic ments of §§ 561.2 and 561.3(b), if ap­ (iv) Applicants for appointment in Rams Horn Type Control Wheels” was pointed within 1 year after date of last MOS 232A, 241B, 241C, 241D, 241E, 251B, revised by Beech Service Bulletin dated discharge as a warrant officer. 251C, 261A, and 262A must have suc­ March 1970, titled “Control Wheel, Clock (iv) Warrant officers in the active cessfully completed the appropriate MOS and Map Light, Inspection of Plastic military service holding only temporary qualification course. Rams Horn Type Control Wheels”. This appointments, without component, may revised Service Bulletin provides infor­ request appointment as a Reserve war­ For the Adjutant General. mation for distinguishing between the rant officer at any time prior to release R ichard B . B elnap, various types of rams horn control from active duty. Special Advisor to TAG. wheels and specifies the models and as­ (v) Officers and former officers who [F.R. Doc. 70-8494; Filed, July 2, 1970; sociated serial numbers of airplanes qualify for warrant officer MOS. 8:47 a.m.] affected by AD 62-8-3. Accordingly, it is

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10856 RULES AND REGULATIONS necessary to amend the applicability tion Regulations is to clarify the appli­ § 93.71 Applicability, statement and Paragraph C of the AD cability of the subpart, and to eliminate This subpart applies to aircraft oper­ for clarification. Therefore, action is IFR flights from the rule. ated under Visual Flight Rules within taken herein to make these changes. These amendments are based on a no­ VOR Federal Airway 16 between longi­ Since this amendment is for clarifica­ tice of proposed rule making (Notice No. tudes m °23'00" W. and 112°41'30" W., tion only and imposes no additional bur­ 69-53) published in the F ederal R egister den on any person, compliance with the on December 11, 1969 (34 F.R. 237). excluding that portion of the air­ notice and public procedure provisions Three comments were received in re­ space within a 4-statute-mile radius of of the Administrative Procedure Act is sponse to the notice. One comment con­ Phoenix-Litchfield Airport (latitude 33°- impracticable and good cause exists for curred with the proposals. The other two 25'25" N., longitude 112°22'30" W.), making this amendment effective in less raised certain objections. Monday through Saturday, from 0600 to than thirty (30) days. One comment contained a request that 0100 the following day, local time. In consideration of the foregoing and the dimension of the airspace corridor 2. By amending § 93.73 to read as pursuant to the authority delegated to be modified to exclude the * airspace follows : me by the Administrator (31 F.R. 13697), within a 5-statute-mile radius of § 9 3 .7 3 Crossing VOR Federal Airway Section 39.13 of Part 39 of the Federal Phoenix-Litchfield Airport, rather than No. 16; VFR Jet Training Operations. Aviation Regulations, Amendment 421, the 4-mile radius that was proposed. AD 62-8-3, is amended as follows: • This would prevent encroachment of the Each pilot in command of a Luke Air (1) The applicability statement is Phoenix-Litchfield Airport traffic area, Force Base jet aircraft operating outside and provide space for future ILS installa­ of Luke Air Force Base airport traffic amended so that it now reads: pattern under Visual Flight Rules and Beech. Applies to Models 35-33, 35—A33, and tion. he FAA has determined that the rule restricts only the absolute minimum engaged in a training operation that re­ 35—B33, Serial Numbers prior to CD-803, quires crossing of VOR Federal Airway except CD-745 and CD-789; Models 35, of airspace consistent with safe opera­ A35, B35, C35, D35, E35, F35, G35, H35, tion of Luke Air Force Base require­ No. 16 within the airspace specified in J35, K35, M35, N35, and P35, Serial ments. Modifying the corridor as re­ § 93.71, shall cross within that specified Numbers prior to D-6952; Model 50, quested would be unwise and unsafe. airspace at altitudes from 2,500 feet Serial Numbers H-l through H-ll; Another comment objected to allow­ m.s.l. to 5,000 m.s.l., inclusive. Models B50 and C50, Serial Numbers ing Luke training flights to make ran­ 3. By amending § 93.75 to read as CH-12 through CH-360; Models D50, follows: D50A, D50B, D50C, and D50E, Serial dom crossings of V-16 at any point of Numbers prior to DH-327, except DH- their own choosing. The notice did not § 93.75 Crossing and Operating along 323 and DH-324; Model E50, Serial change the rule as it is now being ap­ VOR Federal Airway No. 16. Numbers EH-1 through EH-70, Model plied, but merely clarified the wording Each person piloting an aircraft (other F50, Serial Numbers FH-71 through to eliminate any possible misinterpreta­ FB[-96 except FH-94; Model G50, Serial tion. Funnelling of all Luke AFB traffic than an aircraft to which § 93.73 ap­ Numbers GH-94 and GH-97 through through one airspace corridor is op­ plies, and aircraft departing Luke Air GH—119; Model H50, Serial Numbers posed by the Air Force and the FAA. The Force Base) crossing or operating along HH—120 through HH-149; Model J50, VOR Federal Airway No. 16 in the area Serial Numbers JH-150 through JH-163; Luke VFR traffic operating through the specified in § 93.71 shall operate— Models 95—55 and 95-A55, Serial Numbers corridor are typically aircraft arriving (a) At 2,000 feet m.s.l„ or lower, or prior to TC-276 except TC-235, TC-245, at or departing Luke AFB. Because of TC—266, TC—273, and TC-274; Model 65, the volume of aircraft involved, and the (b) At 5,500 feet m.sJ., or higher. Serial Numbers prior to LC-141 except fact that piloting requirements during (Secs. 307 and 313(a) of the Federal Avia­ LC—125; Models 95, B95, and B95A, Serial the departure and arrival phases of tion Act of 1958, 49 U.S.C. 1348 and 1354, Numbers prior to TD-499 airplanes. and Sec. 6(c) of the Department of Trans­ flight permit only very limited time to portation Act, 49 U.S.C. 1655(c) ) (2) Paragraph C is amended so that itwatch for other aircraft, Luke AFB jet now reads: aircraft operating VFR crossing V-16 Issued in Washington, D.C., on June 26, (C) The inspections required by this within the airspace segment specified 1970. AD may be discontinued when the proper in section 93.71 will be segregated by alti­ J. H. S haffer, replacement control wheel as specified tude from other aircraft. Other Luke Administrator. AFB traffic operating VFR and crossing in Beech Service Bulletin dated March [F.R. Doc. 70-8487; Filed, July 2, 1970; 1970, titled “Control Wheel, Clock and V-16 will be beacon targets enabling 3:46 a.m.] Map Light, Inspection of Plastic Rams ATC to give information concerning Horn Type Control Wheels" has been them to IFR aircraft. installed or an FAA approved equivalent One comment also contained a ques­ is installed. tion as to the ability of the Phoenix Title 21— FOOD AND DRUGS This amendment becomes effective TRACON to provide IFR traffic informa­ July 9, 1970. tion concerning VFR aircraft operations Chapter I— Food and Drug Adminis- in the airspace concerned in the notice. tration, Department of Health, Edu­ (Secs. 313(a), 601 and 603 of the Federal One main purpose of the rule was to cation, and Welfare Aviation Act of 1958, 49 U.S.C. 1354(a), 1421, segregate IFR aircraft (primarily oper­ and 1423, and of sec. 6(c) of the Department SUBCHAPTER C— DRUGS of Transportation Act, 49 U.S.C. 1655(c)) ating along V-16) from Luke VFR traf­ fic crossing the airway. The Phoenix area PART 135b— NEW ANIMAL DRUGS Issued in Kansas City, Mo., on June 25, is under continuous radar surveillance. 1970. Since all Luke Air Force aircraft are FOR IMPLEMENTATION OR INJEC­ J ohn A. H argrave, beacon equipped, the Phoenix TRACON TION Acting Director, Central Region. has the capability to pick up Luke AFB Nitrofurantoin Sodium Injection [F.R. Doc. 70-8486; Filed, July 2, 1970; aircraft crossing outside the corridor. 8:46 a.m.] Information concerning these VFR Luke The Commissioner of Food and Drugs AFB aircraft can be transmitted to the has evaluated the new animal drug ap­ IFR aircraft in contact with ATC. It was plication (41-744V) filed by Norwich [Docket No. 10005; Arndt. 93-20] not intended to imply that VFR traffic Pharmacal Co., Post Office Box 191, Nor­ PART 93— SPECIAL AIR TRAFFIC other than the Luke aircraft would wich, N.Y. 13815, proposing safe and ef­ always be seen on radar or given as fective use of nitrofurantoin sodium RULES AND AIRPORT TRAFFIC traffic. intramuscularly in dogs for bacterial in­ PATTERNS In consideration of the foregoing, Part fections of the urinary tract. The appli­ VOR Federal Airway Special Air 93 of the Federal Aviation Regulations is cation is approved. hereby amended, effective August 20, Therefore, pursuant to provisions of Traffic Rule 1970, to read as follows: the Federal Food, Drug, and Cosmetic The purpose of these amendments to 1. By amending § 93.71 to read asAct (sec. 512(i), 82 Stat. 347; 21 TJ.S.C- Subpart E of Part 93 of the Federal Avia­ follows: 360b(i) ) and under authority delegated

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 RULES AND REGULATIONS 10857 to the Commissioner (21 CFR 2.120), the conforms to the standards prescribed by ditions prerequisite to providing for following new section is added to Part § 149u.l(a) (1) (i), (ii), (iv), (v), (vi), certification of the article have been 135b; and (vii) of this chapter. complied with and since it is in the (2) Packaging. The immediate con­ public interest not to delay in so pro­ § 135b.l6 Nitrofurantoin sodium injec­ tainer shall be of colorless, transparent viding, notice and public procedure and tion. glass and it shall be a tight container delayed effective date are not prerequi­ (a) Specifications. It is sterile and as defined by the U.S.P. It shall be so sites to this promulgation. packaged so that each vial contains sealed that "the contents cannot be used sufficient drug to permit withdrawal of without destroying such seal. It shall Effective date. This order shall be ef­ 180 milligrams of nitrofurantoin sodium. be of appropriate size to permit the fective upon publication in the F ederal The nitrofurantoin sodium used is the addition of 20 milliliters of sterile diluent R egister. sodium salt of nitrofurantoin U.S.P. when preparing a stock solution for use (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. (b) Sponsor. Norwich Pharmacal Co., in making further dilutions for micro­ 357) Post Office Box 191, Norwich, N.Y. 13815. bial susceptibility testing. Dated: June 26, 1970. (c) Conditions of use. (1) It is used (3) Labeling. In addition to the re­ only in bacterial infections of the urinary quirements of § 148.3(a) (3) of this R . E. D uggan, tract of dogs when the oral forms are chapter, each package shall bear on its Acting Associate Commissioner not feasible. label or labeling, as hereinafter indi­ for Compliance. (2) It is administered intramuscularly cated, the following: [F.R. Doc. 70-8479; Filed, July 2, 1970; at the rate of 1.5 milligrams of nitro­ (i) On its outside wrapper or con­ 8 :45 a.ni.] furantoin sodium per pound of body tainer and on the immediate container: weight twice daily (total daily dose: 3 (a) The statement “For laboratory milligrams per pound) for a maximum diagnosis only.” Chapter ll-»-Bureau of Narcotics and of 10 days. (b) The statement “Sterile.” Dangerous Drugs, Department of (3) For use by or on the order of a (c) . The batch mark. Justice licensed veterinarian. id) The number of milligrams of clin­ Effective date. This order shall be ef­ damycin in each immediate container. PART 320— DEPRESSANT AND STIMU­ fective upon publication in the F ederal (ii) On the circular or other labeling LANT DRUGS; DEFINITIONS, PRO­ Register. within or attached to the package, ade­ CEDURAL AND INTERPRETATIVE quate information for use of the drug REGULATIONS (Sec. 512(1), 82 Stat. 347; 21 U.S.C. 360b(i)) in the clinical laboratory. Dated: June 25, 1970. (4) Request for certification; samples. Meprobamate; Exemption of Certain R . E. D uggan, In addition to complying with the re­ Combination Drugs quirements of § 146.2 of this chapter, Acting Associate Commissioner By an order published in the F ederal for Compliance. each such request shall contain: (i) Results of tests and assays on: R egister on June 6, 1970, the Director [F.R. Doc. 70-8480; Filed, July 2, 1970; (a) The clindamycin hydrochloride of the Bureau of Narcotics and Danger­ 8:45 a.m.] hydrate used in making the batch for ous Drugs ended the stay of the effective clindamycin content, microbiological ac­ date of the final order published in the F ederal R egister on December 6, 1967 PART 147— ANTIBIOTICS INTENDED tivity, moisture, pH, crystallinity, and identity. (32 F.R. 17473), listing meprobamate as FOR USE IN THE LABORATORY DI­ (b) The batch for potency, sterility, a drug subject to control under the Drug AGNOSIS OF DISEASE Abuse Control Amendments of 1965. This moisture, and pH. order is to take effect July 6, 1970. Clindamycin Hydrochloride Hydrate (ii) Samples required: (a) The clindamycin hydrochloride Notice is hereby given that the order Sensitivity Powder hydrate used in making the batch: 10 published June 6, 1970, is hereby supple­ Pursuant to provisions of the Federal packages, each containing approximately mented in that the following combina­ Pood, Drug, and Cosmetic Act (sec. 507, 300 milligrams. tion drugs will not be controlled and 59 Stat. 463, as amended; 21 U.S.C. 357) (b) The batch: thereby do not have to meet the require­ and under authority delegated to the (1) For all tests except sterility: A ments of section 511(c) (a) and (e), and Commissioner of Food and Drugs (21 minimum of 20 immediate containers. the recordkeeping requirements of sec­ CFR 2.120), the following new section is (2) For sterility testing: 20 immediate tion 511(d)(1) of the Federal Food, added to Part 147 to provide for certifi­ containers, collected at regular intervals Drug, and Cosmetic Act: cation of the subject sensitivity powder: throughout each filling operation. § 147.17 Gindamycin hydrochloride hy­ (b) Tests and methods of assay—(1) Milprem—200. Tablet: Meprobamate Wallace 200 mg. Conjugated Pharm aceu- drate sensitivity powder. Potency. Proceed as directed in § 141.110 Estrogens—equine ticals. of this chapter, preparing the sample 0.4 mg. (a) Requirements for certification— Milprem—400. Tablet: Meprobamate Do. (1) Standards of identity, strength, qual­ for assay as follows: Reconstitute as di­ 400 mg. Conjugated rected in the labeling. Dilute an aliquot Estrogens—equine ity, and purity. Clindamycin hydro­ of this solution with O.lAf potassium 0.4. chloride hydrate diagnostic sensitivity Milpath—200. Tablet: Meprobamate Do. powder is clindamycin hydrochloride hy­ phosphate buffer, pH 8.0 (solution 3), to 200 mg. Tridihexethyl the reference concentration of 1.0 micro­ Chloride 25 mg. drate packaged in vials and intended for Milpath—400. Tablet: Meprobamate Do. use in clinical laboratories for determin­ grams of clindamycin per milliliter 400 mg. Tridihexethyl (estimated). Chloride 25 mg. ing in vitro the sensitivity of micro­ Miltrate—10.. Tablet: Meprobamate Do. organisms to clindamycin. Each vial (2) Sterility. Proceed as directed in 200 mg. Penta- § 141.2 of this chapter, using the method erythritol tetranitrate contains clindamycin hydrochloride hy­ 10 mg. drate equivalent to 20 milligrams of clin­ described in paragraph (e)(1) of that Miltrate—20.. Tablet: Meprobamate Do. section. 200 mg. Penta- damycin. Its potency is satisfactory if erythritol tetranitrate it is not less than 90 percent and not (3) Moisture. Proceed as directed in 20 mg. more than 120 percent of the amount of § 141.502 of this chapter. clindamycin it is represented to contain, (4) pH. Proceed as directed in § 141.- Title 21, Chapter II, § 320.8(b) of the it is sterile. Its moisture content is not 503 of this chapter, using the solution more than 6.0 percent. Its pH in a solu- obtained when the vial is reconstituted Code of Federal Regulations is hereby ion containing 20 milligrams of clin- with 1.0 milliliter of distilled water. amended by adding the above listed com­ aamycin per milliliter is not less than Data supplied by the manufacturer binations to the end of that paragraph. ¿•u and not more than 6.5. The clin­ concerning the subject sensitivity pow­ Since this supplement to the order pub­ damycin hydrochloride hydrate used der have been evaluated. Since the con­ lished in the F ederal R egister on June 6,

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10858 RULES AND REGULATIONS 1970 is nonrestrictive, it will become change the shipping name of hydrazine Another commenter stated that remov­ effective on July 6,1970. solution and calcium hypochlorite by ing the complete description from the placing descriptive wording. in italics, shipping name (Roman type) might Dated: June 29,1970. and to specify that dry dimethylhexane cause problems to the shippers of cal­ J ohn E. I ngersoll, dihydroperoxide may not be transported. cium hypochlorite containing 39 percent Director, Bureau of On August 20, 1969, the Hazardous or less of available chlorine and hydra­ Narcotics and Dangerous Drugs. Materials Regulations Board published a zine solution containing more than 50 [P.R. Doc. 70-8509; Piled, July 2, 1970; notice of proposed rule making, Docket percent water. This same situation occurs 8:48 a.m.] No. HM-32; Notice No. 69-24 (34 F.R. for many other materials, such as hy­ 13426) proposing to amend the regula­ drogen peroxide. However, shippers have tions as indicated above. a number of methods whereby they are Interested persons were afforded an able to declare certain materials as not Title 46— SHIPPING opportunity to participate in this rule being subject to the Hazardous Materials making, and all comments received have Regulations, such as the making of spe­ Chapter IV— Federal Maritime been carefully considered. cial notations on shipping papers. Commission Concerning calcium hypochlorite, two Several commenters raised questions commenters suggested that the use of the concerning the “wet” requirements in SUBCHAPTER B— REGULATIONS AFFECTING MAR­ word “mixture” would be more appropri­ § 173.157. As stated in paragraph (a) of ITIME CARRIERS AND RELATED ACTIVITIES ate than “compound” since the use of the that section, all of the materials listed [Docket No. 68-9; General Order 26] broader terminology would cover several except cyclohexanone peroxide, must be conditions of manufacture; i.e., either “wet” with at least 30 percent water by PART 541— FREE TIME AND DEMUR­ mixtures derived from the production weight. RAGE CHARGES ON EXPORT CARGO processes or through actual physical mix­ In consideration of the foregoing, Ports of New York and Philadelphia; ing of components. The Board agrees Parts 172 and 173 of lltle 49, Code of with this suggestion, and a change is be­ Federal Regulations are amended as Postponement of Effective Date ing made accordingly. A commenter also follows: In a notice published in the F ederal suggested that the entry be preceded by I. Part 172 is amended as follows: R egister on April 17,1970 (35 F.R. 6276), an asterisk to signify that the material In § 172.5(a) the Commodity List is as modified on April 24, 1970 (35 F.R. may or may not be classed as a hazardous amended as follows: 6589), the Federal Maritime Commission material. Since this would be a substan­ set forth rules and regulations which had - tial change without public notice or com­ § 172.5 List of explosives arid other been prescribed pursuant to its Docket ment thereon, it is not provided for in dangerous articles. No. 68-9, Free Time and Demurrage this rulemaking action. (a) * * * Charges on Export Cargo. The Commis­ sion, on June 30, 1970, ordered that the Label Maximum effective date of such regulation be post­ Exemptions and packing required quantity in Article Classed as— (see sec.) if not 1 outside poned for 30 days. Notice is therefore exempt container by given that the effective date of the rules rail express and regulations prescribed in its Docket No. 68-9 is postponed, and that all tariffs * * * * ♦ * * * * * * * * * * in conformance therewith must be filed, published, and in effect on or before, and Change from August 17,1970. Hydrazine solution {containing B0 per­ Cor. L...... No exemption, 173.276...... White...... 5 pints. cent or less of water). By the Commission. Calcium hypochlorite mixtures (dry, Oxy. M-...... 173.153,173.217...... Yellow...... 100 pounds. containing more than 89 percent [ seal] F rancis C. H urney, available chlorine). Secretary. Cancel [F.R. Doc. 70-8504; Piled, July 2, 1970; Dimethylhexane dihydroperoxide— Oxy. M...... No exemption, 173.157, ___ do...... 25 pounds. 8:47 a.m.] 173.158. Add Dimethylhexane dihydroperoxide, Not accepted. dry. Dimethylhexane dihydroperoxide, Oxy. M ...... No exemption, 173.157____ Do. Title 49— TRANSPORTATION wet. * * * • * * * * * * * * ♦ * • Chapter I— Hazardous Materials Reg­ ulations Board, Department of n. Part 173 is amended as follows: peroxide over 50 percent concentration Transportation (A) In Part 173, § 173.158 of the table but not exceeding 85 percent concentra­ [Docket No. HM-32; Amendments Nos. 172-5, of contents is amended to read as tion, dry; lauroyl peroxide, dry; or suc­ 173-27] follows: cinic acid peroxide, dry; must be packed in specification packagings as follows: PART 172— COMMODITY LIST OF EX­ sec. 173.158 Benzoyl peroxide, dry; chloroben- * * * * * PLOSIVES AND OTHER DANGEROUS zoyl peroxide (para) dry; cyclo­ ARTICLES CONTAINING THE SHIP­ hexanone peroxide, dry; lauroyl (2) Spec. 21C (§ 178.224) fiber drums. PING NAME OR DESCRIPTION OF peroxide, dry; or succinic acid Authorized only for lauroyl peroxide, dry. ALL ARTICLES SUBJECT TO PARTS peroxide, dry. Authorized net weight not over 100 171-179 OF THIS CHAPTER (B) In § 173.158 the Heading, the in­ pounds in one drum. troductory text of paragraph (a), and ***** PART 173— SHIPPERS subparagraph (a) (2) are amended to This amendment is effective Octo­ Change in Shipping Name and Re­ read as follows: § 173.158 Benzoyl peroxide, dry; chloro- ber 30, 1970. However, compliance with moval of Authorization To Ship or the regulations as amended herein is Transport Dry Dimethylhexane benzoyl peroxide (para) dry; cyclo­ hexanone peroxide, dry; lauroyl authorized immediately. Dihydroperoxide peroxide,, dry; or succinic acid (Secs. 831-835, title 18, U.S.C.; sec. 9, Depart­ The purpose of this amendment to the peroxide, dry. m ent of Transportation Act, 49 U.S.O. 1657; Hazardous Materials Regulations of the (a) Benzoyl peroxide, dry; chloroben- title VI and sec. 902(h), Federal Aviation Act Department of Transportation is to zoyl peroxide (para), dry; cyclohexanone of 1958, 49 U.S.O. 1421-1430 and 1472(h ))

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 RULES AND REGULATIONS 10859

Issued in Washington, D.C., on June 29, proper use of occupant restraints in assembly anchorages, respectively, to multipurpose passenger vehicles, trucks, 1970. motor vehicles produces a marked in­ C. R. B ender, crease in the safety of occupants and and buses has been proposed. A number Admiral, U.S. Coast Guard, other highway users. A recent study of of persons suggested that Docket No. Commandant. over 4,500 automobile àccidents in Ohio, MC-11 should be discontinued in favor for example, concluded that occupants of the pending proceedings under the Carl V. Lyon, who do not wear seat belts are more than National Traffic and Motor Vehicle Acting Administrator, four times more likely to be killed in seri­ Safety Act. Federal Railroad Administration. ous accidents than occupants who do use The Director is, of course, aware of the F. C. T urner, seat belts. Studies focused on commercial parallel proceedings on the subject of Administrator, vehicles also point to the conclusion that occupant seat belt restraints, anchorages Federal Highway Administration. installation and use of seat belts in those and seats in new commercial vehicles and vehicles will contribute substantially to of the fact that these proceedings carry S am S chneider, safety of operations. a proposed effective date different from Board Member for the The Bureau of Motor Carrier Safety this amendment. Nevertheless, he has Federal Aviation Administration. has conducted a special study of 211 seri­ concluded that the public interest will [F.r . Doc. 70-8492; Piled, July 2, 1970; ous or fatal commercial vehicle accidents be best served, if both proceedings go for­ 8:46 ajn.] which occurred between April 1968, and ward with close cooperation and coor­ February 1969.1 The 211 accidents re­ dination between his staff and that of sulted in 44 fatalities and 187 injuries. the National Highway Safety Bureau to Chapter 111—Federal Highway Admin­ In 74 of the accidents, occupants were ensure that the Motor Carrier Safety istration, Department of Transpor­ ejected from their vehicles. Although the Regulations and the Federal Motor tation 74 ejection accidents constituted only 35 Vehicle Safety Standards are consistent percent of the accidents studied, they ac­ in terms of the obligations they impose SUBCHAPTER B— MOTOR CARRIER SAFETY counted for 64 percent of the fatalities. on persons affected by both regulatory REGULATIONS The results of this study correlate posi­ schemes and in terms of the final effec­ [Docket No. MC-11; Notice 70-8] tively with the results of research con­ tive dates of these regulations. The reg­ PART 392— DRIVING OF MOTOR ducted by other organizations. Occupants ulations, issued as the result of this pro­ VEHICLES of commercial vehicles are ejected from ceeding, are the product of a joint effort the cab in a disproportionately high by both the Bureau of Motor Carrier PART 393— PARTS AND ACCESSORIES number of accidents. The incidence of Safety and the National Highway Safety NECESSARY FOR SAFE OPERATION death or serious injury is much higher Bureau to achieve the maximum possible when occupants are ejected instead of consistency. The dockets now pending Anchorage of Seats; Seat Belt Assem­ remaining in the vehicle. in the National Highway Safety Bureau blies; Seat Belt Assembly Anchor­ Of the 211 accidents studied, 33 in­ on the subjects of seats, seat belt as­ ages; Restraint oT Sleeper Berth volved trucks equipped with seat belts sembly installation, and seat belt as­ Occupants for the driver’s use. The belts were worn sembly anchorages have been reviewed in 10 cases. None of the drivers wearing as part of the data-gathering and ana­ In Ex Parte No. MC-69 issued on a belt was killed. Of the 12 drivers who lytical process preceding issuance of June 1, 1966 (31 P.R. 7911), the Inter­ were not wearing seat belts and remained these amendments to the Motor Carrier state Commerce Commission requested in their cabs two were killed. Eleven Safety Regulations. In addition, the Di­ comments on a draft regulation requir­ drivers who did not wear their seat belts rector has drawn on the expertise of the ing the installation and use of seat belts were ejected; three were killed. While National Highway Safety Bureau in the in the operation of interstate carriers of these data may not be statistically sig­ development of the substantive content passengers by motor vehicle. On June 20, nificant standing alone, they follow the of the amendments. 1969, after responsibility for administra­ trend of other studies. The data also Furthermore, the application of this tion of the Motor Carrier Safety Regula­ show that the suggestion that improved amendment to vehicles in use will require tions was transferred to the Secretary of door latches on commercial vehicles retrofitting of trucks and buses presently Transportation (49 U.S.C. 1655(c)) and manufactured during the 1967 model year on the highway. It is essential to provide delegated by him to the Federal Highway and thereafter would substantially de­ owners of commercial vehicles with as Administrator, the Administrator issued crease the frequency of ejections is not much lead time as possible to permit a notice of proposed rule making relating borne cut by experience. them to retrofit their fleets by the July 1, to occupant restraint systems in all com­ It seems clear, therefore, that the uni­ 1972, deadline. By delaying issuance of mercial vehicles operating in interstate versal installation and use of seat belts the amendments to the Motor Carrier or foreign commerce (34 F.R. 9999). will have a high payoff in terms of lives Safety Regulations, the Director might In that notice, the Administrator pro­ saved and injuries prevented or miti­ place such owners in a more difficult posed to require: (1) Installation and use position than is absolutely necessary. of properly anchored seat belts for gated. Seat belt use by commercial drivers drivers, (2) installation of properly also promises to improve the driver’s The problem of retrofitting older vehi­ anchored seat belts for the use of the control of his vehicle in e: ergency situa­ cles with adequate seat belts has been occupants of front right outboard seats tions. These conclusions justify the costs given special attention. Many vehicles in trucks and truck tractors, (3) more of compliance with the new requirements. manufactured before January 1, 1965, crashworthy seating systems for the use Some respondents urged that rule may lack seat belt anchorages or struc­ of drivers of all commercial vehicles and making on the subject of occupant re­ tural components located so as to permit passengers occupying the front right out­ straints in commercial vehicles be limited seat belt anchorages to be installed. Fur­ board seats of trucks and truck tractors, to proceedings under the National Traffic ther, the likelihood of extensive future and (4) bunk straps or equivalent and Motor Vehicle Safety Act of 1966. use of pre-1965 vehicles seems very restraints for the occupants of sleeper It was noted that the National Highway limited. For these reasons, the Director berths. Safety Bureau now has outstanding three has exempted them from the require­ After carefully considering the re­ dockets (Nos. 2-12, 2-13, and 2-14) in ments for retrofitting. In recognition of sponses to the notice of proposed rule which extension of existing Motor the problems that owners of large vehicle making, the contents of submissions in Vehicle Safety Standards on seats, seat fleets will have in equipping vehicles in Ex Parte No. MC-69, and other available belt assembly installation, and seat belt use with seat belts, the time for compli­ evidence, the Director of the Bureau of ance with Jhe requirements for installa­ Motor Carrier Safety has decided to is­ tion of the belts has been extended from 1 Individual copies of this study may be January 1, 1971, to July 1, 1972. Vehicles sue the proposed regulations as final rules secured by writing to the Director, Bureau of without substantial modification. Motor Carrier Safety, Washington, D.C. 20591 in use have also been exempted from Intensive research during recent years and asking for the Bureau’s Crash/Injury— the requirements of Motor Vehicle Safe­ has conclusively demonstrated that the Ejection Study. ty Standard No. 207 (anchorage of seats)

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 No. 129---- 5 10860 RULES AND REGULATIONS

and the strength requirements of Stand­ priate for use with such a seat. However, § 392.16 Use of Seat belts. ard No. 210 (seat belt assembly anchor­ there are a number of designs, using a ages). Compliance with these require­ relatively slack belt between the anchor­ A motor vehicle which has a seat belt ments can be ascertained only by tests age and a hook on the seat, with a stand­ assembly installed at the driver’s seat that may be destructive and hence can­ ard belt anchored to the seat and shall not be driven unless the driver has not be made on vehicles in use. There­ restraining the driver, which seem ade­ properly restrained himself with the seat fore, vehicles manufactured before quate to prevent his ejection. The use of belt assembly. July 1, 1971, need conform only to the automatic-locking retractors and emer­ II. Part 393 of Title 49, CFR, is location and geometric requirements of gency-locking retractors (inertia reels) amended by adding the following new Standard No. 210. may improve the performance of the belts paragraph at the end of § 393.76. In order to ensure the full effectiveness installed at suspension seats. The Direc­ § 393.76 Sleeper berths. of the requirement for installation of tor' of the National Highway Safety seat belts for the driver’s use, the Direc­ Bureau is now considering revisions to ***** tor has concluded that the regulations Motor Vehicle Safety Standard No. 209 (1) Occupant restraint. A motor ve­ must require drivers to use their seat which will make the use of emergency­ hicle manufactured on or after July l, belts when they have them available. A locking retractors feasible in this appli­ 1971, and equipped with a sleeper berth! number of organizations, representing cation. It was suggested that the provi­ must be equipped with a means of pre­ truck operators, objected to this require­ sions of Standard No. 209, applicable to venting ejection of the occupant of the ment (significantly, operators of inter­ seat belts in general, may be inappro­ sleeper berth during deceleration of the state buses interposed no objection to priate for the so-called “seat tie-down” vehicle. The restraint system must be the requirements that seat belts be in­ belts. Those belts are not “designed to designed, installed, and maintained to stalled at drivers’ seats and that drivers secure a person in a motor vehicle” with­ withstand a minimum total force of 6,000 use those belts). It was argued that driv­ in the meaning of paragraph S3 of pounds applied toward the front of the ers would not comply with the require­ Standard No. 209. Hence, their perform­ vehicle and parallel to the longitudinal ment and that enforcement would prove ance is not governed by Standard No. 209 axis of the vehicle. difficult. The Director finds that the evi­ at all. Motor Vehicle Safety Standard No. III. Part 393 of Title 49, CFR, is dence submitted to support both hy­ 207, which sets performance standards amended by adding the following new potheses is unpersuasive and based on for attachment assemblies for seats, may section at the end of Subpart G: questionable premises. Adequate com­ appropriately be applied to tie-down § 393.93 Seats, seat belt assemblies, and pliance with this provision of the Motor belts, because the function of those belts seat belt assembly anchorages. Carrier Safety Regulations will be in­ is to restrain the seat. Compliance with sured by carriers, drivers, and the field Standard No. 207 should insure that tie­ (a) Buses—(1) Buses manufactured staff of the Federal Highway Admin­ down belts will possess adequate on or after January 1, 1965, and before istration. strength. July 1, 1971. After June 30, 1972, every Some commentors argued that man­ There was no opposition to the require­ bus manufactured on or after January 1, datory use of seatbelts might hinder ment that occupants of sleeper berths 1965,'and before July 1, 1971, must be emergency evacuation in the event a be provided with restraints. However, a equipped with a Type 1 or Type 2 seat vehicle caught fire in an accident. In number of respondents did suggest the belt assembly that conforms to Motor reality, seatbelt use promotes the driv­ sleeper berth requirements set forth in Vehicle Safety Standard No. 2091 in­ er’s ability to make an emergency evac­ the notice were ambiguous and exces­ stalled at the driver’s seat and seat belt uation, by increasing the likelihood that sive. In the light of these comments and assembly anchorages that conform to he will be conscious and physically able additional technical analysis, the Direc­ the location and geometric requirements to get out of his cab after an accident. tor has modified the requirements. They of Motor Vehicle Safety Standard No. Similarly, the argument that use of seat- now specify that the restraint system 2101 for that seat belt assembly. belts might prevent a driver from leav­ must be designed, installed, and main­ (2) Buses manufactured on or after ing his seat to reach controls assumes tained so that, as a system, it will with­ July 1, 1971. Every bus manufactured that vehicle controls can safely be located stand a force of 6,000 pounds in the after June 30, 1971, must be equipped so that the driver cannot operate them forward direction. The purpose of this with a driver’s seating system that con­ from his seat. That is not the case. provision is to avoid the risk that a forms to Motor Vehicle Safety Standard A number of respondents argued that sleeper-berth occupant will be ejected in No. 207,1 a Type 1 or Type 2 seat belt the requirement for use of seatbelts emergency or accident situations, there­ assembly that conforms to Motor Vehicle would be inappropriate for drivers en­ by causing death or severe injury to him­ Safety Standard No. 2091 installed at the gaged in local delivery or other services self and persons in the cab of the driver’s seat, and seat belt assembly in which they must frequently leave vehicle. anchorages that conform to Motor Ve­ the vehicle. After carefuT study of the A number of changes of an editorial hicle Safety Standard No. 2101 for that problem the Director believes an exemp­ nature have also been made. seat belt assembly. tion from the requirements of § 392.16 In consideration of the foregoing, pro­ (b) Trucks and truck tractors.—(1) is unnecessary because the majority of ceedings in Ex Parte No. MC-69 are dis­ Trucks and truck tractors manufactured vehicles in local-delivery service operate continued, and Parts 392 and 393 of on or after January 1, 1965, and before wholly within a commercial zone and Title 49, CFR, are amended as set forth July 1, 1971. After June 30, 1972, every are exempt from the requirements of below. These amendments are effective truck and truck tractor, manufactured Parts 392 and 393 of the Motor Carrier on August 1, 1970, unless otherwise on or after January 1, 1965, and before Safety Regulations by § 390.33, Applica­ specified in a specific section. July 1, 1971, must be equipped with a bility of Regulations, or because they are engaged solely in intrastate operation. (Sec. 204, Interstate Commerce Act, as Type 1 or Type 2 seat belt assembly that amended (49 U.S.C. 304), sec. 6, Department conforms to Motor Vehicle Safety Stand­ Second, in view of the proven increase of Transportation Act (49 U.S.C. 1655), dele­ in safety of operation of motor vehicles gation of authority by Secretary of Trans­ ard No. 2091 installed at the driver’s seat from the use of seatbelts, the Director portation in 49 CFR 1.48, and delegation of and at the right front outboard seat, if believes the drivers of local-delivery authority by Administrator in 49 CFR 389.4) the vehicle has one, and seat belt assem­ vehicles should wear them in operations which do not fall within one of those Issued on June 24,1970. bly anchorages that conform to the exemptions. R obert A. K aye, location and geometric requirements of Some respondents discussed the prob­ Director, Motor Vehicle Safety Standard No. 2101 lems of requiring installation and use Bureau of Motor Carrier Safety. for each seat belt assembly that is re­ of seat belts in vehicles which have sus­ I. Part 392 of Title 49, CFR, isquired by this subparagraph. pension seats. A single belt attached amended by adding the following new only to the floor appears to be inappro­ section at the end of Subpart See footnote at end of document.

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 RULES AND REGULATIONS 10861

(2) Trucks and truck tractors manu­ seat belt assembly that conforms to Mo­ ment must conform to the version of the factured on or after July 1, 1971. Every tor Vehicle Safety Standard No. 2091 in­ Standard that is in effect on the date the truck and truck tractor manufactured stalled at the driver’s seat and at the vehicle is manufactured or on the date after June 30, 1971, except a truck or right front outboard seat, if the vehicle the vehicle is modified to conform to the truck tractor being transported in drive- has one, and seat belt assembly anchor­ requirements of paragraph (a) or (b) away-towaway operation and having an ages that conform to Motor Vehicle of this section, whichever is later. incomplete vehicle seating and cab con­ Safety Standard No. 2101 for each seat [F.R. Doc. 70-8473; Filed, July 2, 1970; figuration, must be equipped with a seat­ belt assembly that is required by this 8:45 a.m.] subparagraph. ing system that conforms to Motor Vehi­ ^Individual copies of Motor Vehicle Safety cle Safety Standard No. 2071 installed for (c) Effective date of standards. When­Standards may be obtained from the National the use of the driver and, if the vehicle ever paragraph (a) or (b) of this section Highway Safety Bureau’s General Services has a right front outboard seat, for the requires conformity to a Motor Vehicle Division, Room 5111C, Nassif Building, 400 occupant of that seat, a Type 1 or Type 2 Safety Standard, the vehicle or equip­ Seventh Street SW., Washington, D.C. 20591.

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10862 Proposed Rule Making

the value at which such property was in­ 20.2031—10 Valuation of annuities, DEPARTMENT OF THE TREASURY cluded in the transferor’s gross estate life estates, terms for years, remain­ Internal Revenue Service for the purpose of the Federal estate tax ders and reversions for estates of de­ (see sections 2031, 2032, and the regula­ cedents dying after the 30th day E 26 CFR Parts 20, 25 1 tions thereunder) reduced as indicated following publication of this provi­ REVISION OF ACTUARIAL in paragraph (b) of this section. If the sion in the Federal Register as a TABLES AND INTEREST FACTORS decedent received a life estate or re­ Treasury decision. mainder or other limited interest in prop­ (a) In general. (1) Except as provided Notice of Proposed Rule Making erty included in the transferor’s gross in § 20.2031-8, for estates of decedents Notice is hereby given that the regula­ estate, the value of the interest is deter­ dying after the 30th day following pub­ tions set forth in tentative form in the mined as of the date of the transferor’s lication' of this provision in the F ederal attached appendix are proposed to be death on the basis of recognized valua­ R egister as a Treasury decision, the fair prescribed by the Commissioner of In­ tion principles (see especially §§ 20.2031- market value of annuities, life estates, ternal Revenue, with the approval of the 7 and 20.2031-10). The application of terms for years, remainders, and rever­ Secretary of the Treasury or his delegate. this paragraph may be illustrated by the sions is their present value determined Prior to the final adoption of such regula­ following examples: under this section. The value of annui­ tions, consideration will be given to any * * * * * ties issued by companies regularly en­ comments or suggestions pertaining P ar. 2. Section 20.2031-7 is amended gaged in their sale, and of insurance poli­ thereto which are submitted in writing, by revising so much thereof as precedes cies on the lives of persons other than preferably in quintuplicate, to the Com­ subparagraph (2) of paragraph (a), and the decedent, is determined under missioner of Internal Revenue, Atten­ by adding new subparagraph (3) at the § 20.2031-8. The present value of life tion: CC:LR:T, Washington, D.C. 20224, end of paragraph (a) thereof. The estates, terms for years, remainders, and within the period of 30 days from the amended and revised provisions read as reversions in certain depreciable prop­ date of publication of this notice in the follows : erty is determined under this section, F ederal R egister. Any written comments § 20.2031—7 Valuation of annuities, life subject to the rules and adjustments pro­ or suggestions not specifically designated estates, terms for years, remainders vided in § 20.2031-11. (See § 20.2031-7 as confidential in accordance with 26 and reversions for estates of dece­ with respect to the valuation of annui­ CFR 601.601(b) may be inspected by any dents dying on or before the 30th day ties, life estates, terms for years, re­ person upon written request. Any per­ following publication of this provi­ mainders, and reversions includable in son submitting written comments or sug­ sion in the Federal Register as a estates of decedents dying on or before gestions who desires an opportunity to Treasury decision. the 30th day following publication of this comment orally at a public hearing on (a) In general. (1) For estates of de­ provision in the F ederal R egister as a these proposed regulations should submit cedents dying on or before the 30th day Treasury decision; § 20.2042-1 with re­ his request, in writing, to the Commis­ spect to insurance policies on the deced­ following publication of this provision ent’s life.) sioner within the 30-day period. In such in the F ederal R egister as a Treasury case, a public hearing will be held, and decision, except as otherwise provided in (2) The present value of an annuity, notice of the time, place, and date will this subparagraph, the fair market value life estate, remainder or reversion de­ be published in a subsequent issue of the of annuities, life estates, terms for years, termined under this section v?hich is de­ F ederal R egister. The proposed regula­ remainders, and reversions is their pres­ pendent on the continuation or tions are to be issued under the author­ ent value determined under this section. termination of the life of one person is ity contained in section 7805 of the In­ For estates of decedents dying after the computed by the use of table A(l) or ternal Revenue Code of 1954 (68A Stat. 30th day following publication of this A (2) in paragraph (f) of this section. 917; 26 U.S.C. 7805). provision in the F ederal R egister as a Table A(l) is to be used when the per­ Treasury decision, the fair market value son upon whose life the interest is based [seal] R andolph W. T hrower, is a male and table A (2) is to be used Commissioner of Internal Revenue. ' of annuities, life estates, terms for years, remainders and reversions is their pres­ when such person is a female. The pres­ In order to provide for the use of a new ent value determined under § 20.2031-10. ent value of an annuity, term for years, interest rate in making computations as The value of annuities issued by com­ remainder or reversion dependent on a to the value of present and deferred in­ panies regularly engaged in their sale, term certain is computed by the use of terests and for the use of more recent and of insurance policies on the lives of table B in paragraph (f) of this section. mortality tables in the making of persons other than the decedent, is de­ If the interest to be valued is dependent actuarial computations for purposes of termined under § 20.2031-8. In the case upon more than one life or there is a the estate 'and gift taxes and to au­ of any provision under part 1 of this term certain concurrent with one or thorize the use of such provisions for in­ chapter (Income Tax Regulations) which more lives, see paragraph (e) of this sec­ come tax purposes (such as §§ 1.101— requires a valuation to be made under tion. For purposes of the computations 2(e) (1) (ii) (b) (3), 1.318-3(b), and this section or any subdivision thereof, described in this section, the age of a 1.1563-3(b) (3) (i)), the Estate Tax such valuation shall be made under person is to be taken as the age of that Regulations (26 CFR, Part 20) under § 20,2031-10 if the date in respect of person at his nearest birthday. sections 2013 and 2031 of the Internal which such valuation is required to be (3) In all examples set forth in this Revenue Code and the Gift Tax Regula­ made is after the 30th day following section, the decedent is assumed to have tions (26 CFR, Part 25) under section publication of this provision in the F ed­ died after the 30th day following publi­ 2512 of the Internal Revenue Code are eral R egister as a Treasury decision. cation of this provision in the F ederal amended as set forth below: (See § 20.2042-1 with respect to insur­ R egister as a Treasury decision. P aragraph 1. Paragraph (a) of § 20.- ance policies on the decedent’s life.) (b) Annuities—(1) Payable annually 2013-4 is amended by revising a cross- ***** at en& of year. If an annuity is payable reference. The amended provision reads annually at the end of each year during as follows: (3) In all examples set forth in this the life of an individual (as, for example, section, the decedent is assumed to have ' if the first payment is due 1 year after § 20.2013—4 Valuation of property died on or before the 30th day following decedent’s death), the amount payable ■transferred. publication of this provision in the F ed­ annually is multiplied by the figure in (a) For purposes of section 2013 and eral R egister as a Treasury decision. column 2 of table A(l) or A(2), which­ P ar. 3. Immediately after § 20.2031-9 ever is appropriate, opposite the number §§ 20.2013—1 to 20.2013-6, the value of the there are added the following new property transferred to the decedent is of years in column 1 nearest the age of sections: the individual whose life measures the FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 PROPOSED RULE MAKING 10863 duration of the annuity. If the annuity is to be made immediately after the de­ measures the preceding estate. If the re­ is payable annually at the end of each cedent’s death), the value of the annuity mainder or reversion is to take effect at year for definite number of years, the is the sum of (a) the first payment plus the end of a term for years, column 4 amount payable annually is multiplied (b) the present value of a similar an­ of table B is used. The application of by the figure in column 2 of table B op­ nuity, the first payment of which is not this paragraph may be illustrated by posite the number of years in column 1 to be made until the end of the payment the following example: representing the duration of the annuity. period, determined as provided in sub- Example. The decedent was entitled to The application of this subparagraph paragraph (1) or (2) of this paragraph. receive certain property worth $50,000 upon The application of this subdivision may the death of his elder sister, to whom the may be illustrated by the following income was bequeathed for life. At the time examples: be illustrated by the following example : of the decedent’s death, the elder sister was Example (1). The decedent received, under Example. The decedent was entitled to re­ 31 years 5 months old. By reference to table the terms of his father’s will, an annuity of ceive an annuity of $50 a month during the A(2), the figure in column 4 opposite 31 $10,000 a year payable annually for the life of life of another, a woman. The decedent died years is found to be 0.10227. The present his elder brother. At the time he died, an an­ on the day a payment was due. At the date value of the remainder interest at the date nual payment had just been made. The of the decedent’s death, the person whose of decedent’s death is, therefore, $5,113.50 brother at the decedent’s death was 40 years life measures the duration of the annuity is ($50,000X0.10227). 8 months old. By reference to .table A (l) the 50 years of age. The value of the annuity at figure in column 2 opposite 41 years, the the date of the decedent’s death is $50 plus (e) Actuarial computations by the In­ number nearest to the brother’s actual age, the product of $50X12X12.5793 (see table ternal Revenue Service. If the valuation is found to be 12.3934. The present value A(2) ) X 1.0272 (see subparagraph (2) of of the interest involved is dependent of the annuity at the date of the this paragraph). That is, $50 plus $7,752.87, upon the continuation or the termination decedent’s death is, therefore $129,934 or $7,802.87. of more than one life or upon a term ($10,000X12.9934). (ii) If the first payment of an annuity certain concurrent with one or more lives, Example (2). The decedent was entitled to receive an annuity of $10,000 a year pay­ for a definite number of years is due at a special factor mu$t be used. The factor able annually throughout a term certain. At the beginning of the annual or other is to be computed upon the basis of the the time he died, an annual payment had payment period, the applicable factor is life table for total males (as to each male just been made and five more annual pay­ the product of the factor shown in table life, involved) and the life table for total ments were still to be made. By reference to B multiplied by whichever of the fol­ females (as to each female life involved) table B, it is found that the figure in column lowing factors is appropriate: contained in United States Life Tables: 2 opposite 5 years is 4.2124. The present 1959-61, published by the U.S. Depart­ value of the annuity is, therefore, $42,124 1.0600 for annual payments, 1.0448 for semiannual payments, ment of Health, Education, and Welfare, ($10,000X4.2124). 1.0372 for quarterly payments, Public Health Service, and interest at the (2) Payable at the end of semiannual, 1.0322 for m onthly payments, rate of 6 percent a year, compounded quarterly, monthly, or weekly periods. If 1.0303 for weekly payments. annually. If a special factor is required an annuity is payable at the end of semi­ The application of this subdivision may in the case of an actual decedent, the annual, quarterly, monthly, or weekly be illustrated by the following example: Commissioner will furnish the factor to periods during the life of art individual Example. The decedent was the beneficiary the executor upon request. The request (as for example if the first payment is of an annuity of $50 a month. On the day must be accompanied by a statement of due 1 month after the decedent’s death), a payment was due, the decedent died. the sex and date of birth of each person, the aggregate amount to be paid within There were 300 payments to be made, in­ the duration of whose life may affect the a year is first multiplied by the figure in cluding the payment due. The value of the value of the interest, and by copies of the column 2 of table A(l) or A(2), which­ annuity as of the date of decedent’s death relevant instruments. ever is appropriate, opposite the number is the product of $50 X 12 X 12.7834 (see table (f) The following tables shall be used of years in column 1 nearest the age B) X 1.0322, or $7,917.02. in the application of the provisions of of the individual whose life measures (c) Life estates and terms for years. this section: the duration of the annuity. The product If the interest to be valued is the right Table A (1) so obtained is then multiplied by which­ of a person for his life, or for the life TABLE, SINGLE LIFE MALE, 6 PERCENT, SHOWING THE ever of the following factors is of another person, to receive the income PRESENT WORTH OF AN ANNUITY, OF A LIFE INTEREST, appropriate: of certain property or to use nonincome- AND OF A REMAINDER INTEREST 1.0148 for semiannual payments, producing property, the value of the in­ (1) (2) (3) (4) 1.0222 for quarterly payments, terest is the value of the property multi­ Age Annuity Life estate Remainder 1.0272 for monthly payments, plied by the figure in column 3 of table 1.0291 for weekly payments. A(l) or A(2), whichever is appropriate, 0 ...... 1 5 .6 1 7 5 ■ 0.9 3 7 0 5 0 .0 6 2 9 5 1 ...... ______16.0362 . 96217 .0 3 7 8 3 If the annuity is payable at the end of opposite the number of years nearest to 2 ...... 16.0 2 8 3 .9 6 1 7 0 .0 3 8 3 0 semiannual, quarterly, monthly, or the actual age of the measuring life. If 3 ...... 1 6.0089 .96053 .03947 4 ...... ______15.9841 . 95905 .04095 weekly periods for a definite number of the interest to be valued is the right to 5 ...... 15.9553 .95732 .04268 years, the aggregate amount to be paid receive income of property or to use non­ 6 ...... 1 5 .9 2 3 3 .95540 .04460 income-producing property for a term 7 ...... 1 5 .8 8 8 5 .9 5 3 3 1 .0 4 6 6 9 within a year is first multiplied by the 8 - ...... 15.8508 .95105 .0 4 8 9 5 figure in column 2 of table B opposite the of years, column 3 of table B is used. The 9 ...... 15.8101 .94861 . 05139 number of years in column 1 representing application of this paragraph may be 1 0 ...... ______15.7663 .94698 .0 5 4 0 2 1 1 ...... 1 5.7194 .9 4 3 1 6 .0 5 6 8 4 the duration of the annuity. The product illustrated by the following example: 1 2 . . i ...... ______1 5 .6 6 9 8 . 94019 . 05981 so obtained is then multiplied by which­ Example. The decedent or his estate was 1 3 ...... 1 5 .6 1 8 0 .9 3 7 0 8 .0 6 2 9 2 entitled to receive the income from a fund 1 4 ...... 15.5651 .9 3 3 9 1 .0 6 6 0 9 ever of the above factors is appropriate. 1 5 ...... 15.5115 .93069 .0 6 9 3 1 The application of this subparagraph of $50,000 during the life of his elder brother. 1 6 ...... 15.4576 .92746 .0 7 2 5 4 may be illustrated by the following Upon the brother’s death, the remainder is 1 7...... 15.4031 .92419 .0 7 5 8 1 to go to X. The brother was 31 years 5 1 8 ...... 15.3481 .9 2 0 8 9 .0 7 9 1 1 example: 19___ :...... 15.2918 . 91751 .08249 months old at the time of decedent’s death. 2 0 ...... 15.2339 .91403 .08597 Example. The facts are the same as those By reference to table A(l) the figure in 21...... 15.1744 .91046 .08954 contained in example (1) set forth in sub- column 3 opposite 31 years is found to be 22...... 15.1130 .90678 .09322 paragraph (1) of this paragraph, except that 2 3 ...... ______15.0487 .90292 .09708 0.86117. The present value of decedent’s in­ . 10116 the annuity is payable semiannually. The terest is therefore, $43,058.50 ($50,000 X 2 4 ...... 14.9807 .89884 aggregate annual amount, $10,000, is m ulti­ 25...... 14.9075 .89445 . 10555 0.86117). 26...... 14.8287 .88972 .11028 plied by the factor 12.9934, and the product 27...... 14.7442 .88465 . 11535 multiplied by 1.0148. The present value of the (d) Remainders or reversionary in­ 2 8 ...... 14.6542 .87925 .12075 annuity at the date of the decedent’s death terests. If a decedent had, at the time of 29...... 14.5588 .87353 .12647 3 0 ...... 14.4584 .86750 .13250 Is, therefore, $131,857,02 ($10,000 X 12.9934 X his death, a remainder or a reversionary 31...... 14.3528 .86117 .13883 1.0148). interest in property to take effect after 32...... 14.2418 .85451 .14549 33...... 14.1254 . 84752 .15248 (3) Payable at the beginning of an­an estate for the life of another, the 3 4 ...... 14.0034 .84020 . .15980 nual, semiannual, quarterly, monthly,.or present value of his interest is obtained 3 5 ...... 13.8758 . 83255 .16745 by multiplying the value of the property 3 6 ...... 13.7425 .82455 .17545 weekly periods, (i) If the first payment 3 7 ...... 13.6036 .81622 .18378 of an annuity for the life of an individual by the figure in column 4 of table A(l) 38...... 13.4591 .80755 " .19245 is due at the beginning of the annual or or A(2), whichever is appropriate, op­ 39...... 13.3090 .79854 .20146 40...... 13.1538 .78923 .21077 other payment period rather than at the posite the number of years nearest to 41...... 12.9934 .77960 .22040 end (as, for example, if the first payment the actual age of the person whose life 4 2 ...... 12.8279 .76967 .23033 FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10864 PROPOSED RULE MAKING

T a b l e A (l)— Continued T a b l e A ( 2 ) — Continued T a b l e B

(1) (2) (3) t a b l e SHOWING THE PRESENT WORTH AT 6 PERCENT OF (4) (1) (2) (3) (4) AN ANNUITY FOR A TERM CERTAIN, OF AN INCOME Age Annuity Life estate R em ainder INTEREST FOR A TERM CERTAIN, AND OF A REMAINDER Age A n n u ity Life estate R em ainder INTEREST POSTPONED FOR A TERM CERTAIN * ——------43______12.6574 0. 75944 0.24056 14______...... 15.9239 44______0.95543 0.04457 (1) (2) (3) (4) 12.4819 . 74891 .25109 15_...... - ...... 15.8856 .95314 45______----- 12.3013 .04686 .73808 .26192 16______. 95076 .04924 N u m b er of 46...... ----- 12.1158 . 72695 .27305 T erm 17...... ______15.8048 .94829 .05171 years A n n u ity certain 47______11.9253 . 71552 .28448 18______Remainder 48______15.7620 .94572 .05428 11.7308 .70385 .29615 19______15.7172 49______11.5330 .94303 . 05697 . 69198 .30802 2 0 . . . . . ______15.6701 . 94021 . 05979 i ...... 0. 9434 50______11.3329 .67997 .32003 0.056604 0.943369 21...... ______15.6207 . 93724 .06276 2__ : _____ 1.8334 . 110004 51 ...... ___ 11.1308 .66785 . 33215 2 2 . . . . . e&v-. .889996 52 ______15.5687 . 93412 .06588 3______2.6730 . 160381 10.9267 .65560 .34440 23___ .839619 53______15.5141 . 93085 .06915 4_...... 3. 4651 .207906 .792094 ___ 10.7200 .64320 .35680 24______15.4565 5______54_...... ___ 10.5100 . 92739 . 0726V 4. 2124 . 252742 . 747258 .63060 .36940 25______15.3959 . 92375 .07625 6...... 4. 9173 55...... 10.2960 .61776 .38224 .295039 ¡ £ -. 704961 2 6 ...... ______15.3322 .91993 .08007 7______5. 5824 .334943 56______10.0777 .60466 .39534 27____ _ .665057 57__...... 15.2652 . 91591 .08409 8______6. 2098 . 372588 i.'... 627412 ___ 9.8552 . 59131 .40869 2 8 ...... ______15.1946 .08832 9...... 58______9.6297 .91168 6. 8017 . 408102 I l f , 591898 . 57778 .42222 29______...... 15.1208 .90725 .09275 10______59______. 56417 7. 3601 . 441605 f r . 558395 .43583 30______15.0432 . 90259 .09741 11____ 7. 8869 . 473212 6 0 ...... 9.1753 . 55052 .44948 31___ ■R .526788 61______14.9622 .89773 .10227 12____ 8.3838 . 503031 &S .496969 8.9478 .53687 .46313 32____ 14.8775 13_____ 62...... 8.7202 . 89265 .10735 8. 8527 . 531161 - .468839 .52321 . 47679 3 3 ...... ______14.7888 .88733 .11267 14__ 63______8.4924 .50954 9. 2950 .557699 .442301 .49046 34_____ ...... 14.6960 .88176 . 11824 15_ ...... 9. 7122 64______.49585 .50415 . 582735 . 417265 65...... 3 5 ...... ______14.5989 . 87593 .12407 16_____ 10.1059 . 606354 - .393646 8.0353 . 48212 .51788 36______14.4975 . 86985 17...... 66_____ 7.8060 .13015 10.4773 • .628636 . 371364 .46836 .53164 37______14.3915 .86349 . 13651 18______67______7.-5763 . 45458 10. 8276 .649656 ; .350344 .54542 38...... ______14. 2811 . 85687 .14313 19______11.1581 68______7.3462 . 44077 .55923 . 669487 5" • 330513 69______39______...... 14.1663 . 84998 .15002 20______11. 4699 .688195 .311805 7.1149 .42689 . 57311 40____ 21____ 70...... 6.8823 ______14.0468 .84281 .15719 11. 7641 . 705845 ife . 294155 .41294 .58706 41_____ ...... 13.9227 22______71...... 6.6481 .83536 .16464 12. 0416 . 722495 M i . 277505 .39889 .60111 4 2 ...... 13.7940 .82764 23______72...... 6.4123 . 38474 .17236 12.3034 . 738203 ^ .261797 .61526 4 3 ...... 13.6604 .81962 .18038 24______12.5504 73...... 37051 .62949 . 753021 ' .246979 74...... 44______13.5219 .81131 .18869 25...... 12. 7834 . 767001 ■ . 232999 5.9373 .35624 .64376 45______26______, _____ 7 5 ...... 34194 13.3781 .80269 . 19731 13. 0032 . 780190 .219810 .65806 46______13.2290 .79374 .20626 27...... 13. 2105 7 6 ...... 5.4602 .32761 . 67239 . 792632 . .207368 77...... 47...... 13.0746 . 78448 21552 28...... 13.4062 . 804370 - . 195630 5.2211 . 31327 .68673 48______29...... 78...... 4.9825 12.9147 .77488 .22512 13. 5907 . 815443 ' . 184557 .29895 .70105 49_____ 12.7496 30____ 79______4.7469 .28481 . 76498 .23502 13. 7648 . 825890 . 174110 . 71519 50______12.5793 . 75476 31___ 13.9291 80______4.5164 .27098 .72902 .24524 . 835745 .164255 8 1 ...... 51______12.4039 . 74423 . 25577 32____ 14.0840 .845043 ' . 154957 4.2955 . 25773 .74227 5 2 ...... 12.2232 33____ 82______4.0879 . 73339 .26661 14.2302 . 853814 . 146186 . 24527 .75473 53______...... 12.0367 .72220 . 27780 34______14.3681 83...... 3.8924 .23354 .76646 .862088 s, .137912 84...... 54...... 11.8436 .71062 .28938 35______14. 4982 . 869895 .130105 3.7029. .22217 .77783 55...... ______11.6432 3 6 ..'..- - .____ 85...... 3.5117 . 69859 .30141 14. 6210 . 877259 - .122741 . 21070 .78930 56____ ' ______11.4353 .68612 37...... 14. 7368 86______3.3259 . 19955 .31388 .884207 . 115793 .80045 57...... 11.2200 .67320 .32680 38...... 14.8460 87______.18870 .81130 . 890761 . 109239 88______58______10.9980 .65988 .34012 39______14. 9491 .896944 1 .103056 2.9703 . 17822 . 82178 59______40______89______2.8052 ...... 10.7703 .64622 .35378 15.0463 . 902778 1 V.W 222 .16831 . 83169 60______10.5376 41_____ 90...... 2.6536 .15922 .63226 . 36774 15.1380 .908281 .091719 .84078 6 1 ...... 10.3005 .61803 42...... 91...... 2.5162 . 15097 .84903 . 38197 15. 2245 .913473 H Ü 086527 92...... 62______...... 10.0587 .60352 .39648 43_____ 15.3062 . 918370 - .081630 2.3917 . 14350 .85650 6 3 ...... 9.8118 4 4 ...... 9 3 ...... 2.2801 . 58871 .41129 15.3832 .922991 .077009 .13681 .86319 64______9.5592 .57355 45______94______2.1802 . 13081 .86919 .42645 15.4558 . 927350 ■ . 072650 65...... 9.3005 .55803 . 44197 46____ _ 15. 5244 . 931462 .068538 95...... 2.0891 . 12535 . 87465 66______9 6 ...... 1.9997 .54211 .45789 47____ «... .15.5890 .935342 .064658 .11998 .88002 6 7 ...... _____ 8.7639 .52583 48...... 97______1.9145 .11487 . .88513 .47417 15. 6500 .939002 .060998 98______6 8 ...... _ j ...... 8.4874 .50924 .49076 49______15. 7076 .942454 . 057546 1.8331 . 10999 .89001 6 9 ...... 99...... 1.7554 ...... 8.2068 . 49241 . 50759 5 0 ,...... 15.7619 . 945712 .054288 . 10532 .89468 70______7.9234 . 47540 51...... 100______1.6812 .10087 . 89913 .52460 15.8131 . 948785 - .051215 71______. 45823 . 54177 52___ .... 15.8614 . 951684 .048316 101______1.6101 .09661 .90339 7 2 ...______102...... 1.5416 . 44088 .55912 53______15. 9070 . 954418 -, .,045582 .09250 .90750 7 3 .______...... 7.0568 .42341 54...... 103______1.4744 .08846 .91154 . 57659 15.9500 .956999 .043001 74______.40587 55...... " 104...... 1.4065 .08439 .91561 . 59413 15. 9905 .959433 - .040567 75______...... 6.4721 .38833 . 61167 56...... 105______16.0288 . 961729 ■ .038271 1.3334 .08000 .92000 76______...... -6.1788 .37073 .62927 57______16.0649 . 963895 - .036105 1 0 6 ...... 1.2452 . 07471 . 92529 77______5.8845 .35307 .64693 58______16.0990 . 965939 1 .034061 107.______1.1196 .06718 .93282 78-r-,...... _____ 5.5910 . 33546 .66454 59...... 16.1311 . 967867 - .032133 79______5.3018 . 31811 1 0 8 ...... 9043 .05426 .68189 60______16.1614 . 969686 030314 .94574 8 0 ...... 5.0195 . 30117 . 69883 109...... 4717 .02830 .97170 8 1 .______4.7482 . 28489 . 71511 82...... _____ 4.4892 . 26935 .73065 § 20.2031-11 V aluation o f life estates, T a b l e A (2) 83______4.2398 .25439 .74561 84______...... 3.9927 .23956 .76044 terms for years, remainders and re­ TABLE, SINGLE LIFE FEMALE, 6 PERCENT, SHOWING THE 85______...... 3.7401 .22441 .77559 versions in certain depreciable PRESENT WORTH OF AN ANNUITY, OF A LIFE IN TEREST, 86______3.5016 . 21010 .78990 property. AND OF A REMAINDER INTEREST 8 7 .______...... i 3.2790 .19674 .80326 88______3.0719 .18431 .81569 (Text to be published separately at a 89______2.8808 .17285 .82715 9 0 .;______2.7068 later date.) (1) (2) (3) (4) .16241 .83759 91______2.5502 .15301 .84699 Age Annuity Life estate Remainder 9 2 .____ 2.4116 . 14470 .85530 P ar. 4. Section 25.2512-5 is amended by 93______...... 2.2901 . 13741 .86259 revising so much as precedes subpara­ 94______...... 2.1839 .13103 .86897 95...... graph (2) of paragraph (a), and by add­ 0 ...... 15.8972 0.95383 0.04617 ...... 2.0891 .12535 . 87465 96______...... 1.9997 . 11998 .88002 1 ...... ______16.2284 . 97370 .02630 9 7 ...... 1.9145 . 11487 .88513 ing new subparagraph (3) at the end of 2 ______16.2287 . 97372 .02628 98______1.8331 .10999 . 8900f paragraph (a) thereof. The amended and 3 ______16.2180 . 97308 .02692 99______1.7554 . 10532 .89468 100...... 4 ...... 16.2029 . 97217 .02783 _____ 1.6812 .10087 .89913 revised provisions read as follows: 101______...... 1.6101 .09661 5 ...... 90339 ...... 16.1850 . 97110 .02890 102...... 1.5416 .09250 . 90750 § 25.2512—5 Valuation of annuities, life 6 ...... 16.1648 .96989 .03011 103...... 1.4744 .08846 .91154 estates, terms for years, remainders 7 ...... 16.1421 .96853 .03147 104...... ____ 1.4065 .08439 .91561 and reversions' transferred on or be­ 8 ...... 16.1172 .96703 . 03297 105______...... 1.3334 .08000 .92000 fore the 30th day following publica­ 9 ...... 16.0910 .96541 . 03459 106...... 1.2452 .07471 .92529 tion of this provision in the F ederal 1 0 ...... 16.0608 .96365 .03635 107...... ____ 1.1196 .06718 .93282 R e g is te r as a Treasury decision. 1 1 ...... 16.0293 .96176 .03824 108...... 9043 .05426 .94574 1 2 ...... 15.9958- . 95975 .04025 109...... 4717 .02830 .97170 (a) In general. (1) Except as otherwise 13...... 15.9607 . 95764r .04236 provided in this subparagraph, the fair

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 PROPOSED RULE MAKING 10865 market value of annuities, life estates, ferred on or before the 30th day fol­ (as for example if the first payment is terms for years, remainders, and rever­ lowing publication of this provision in due 1 month after the date of the gift), sions transferred on or before the 30th the F ederal R egister as a Treasury the aggregate amount to be paid within decision.) a year is first multiplied by the figure in day following publication of this provi­ column 2 of table A(l) or A(2), which­ sion in the F ederal R egister as a (2) The present value of an annuity, life estate, remainder or reversion deter­ ever is appropriate, opposite the number Treasury decision is their present value of years in column 1 nearest the age of determined under this section. The fair mined under this section which is de­ pendent on the continuation or the individual whose life measures the market value of annuities, life estates, duration of the annuity. The product so terms for years, remainders, and rever­ termination of the life of one person is computed by the use of table A(l) or obtained is then multiplied by whichever sions transferred after the 30th day fol­ of the following factors is appropriate: lowing publication of this provision in A(2) in paragraph (f) of this section. the F ederal R egister as a Treasury de­ Table A(l) is to be used when the person 1.0148 for semiannual payments, cision is their present value determined upon whose life the interest is based is 1.0222 for quarterly payments, a male and table A(2) is to be used when 1.0272 for m onthly payments, under § 25.2512-9. The value of annuities 1.0291 for weekly payments. issued by companies regularly engaged such person is a female. The present in their sale and of insurance policies value of an annuity, term for years, re­ If the annuity is payable at the end of issued by companies regularly engaged mainder or reversion dependent on a semiannual, quarterly, monthly, or in their sale is determined under term certain is computed by the use of weekly periods for a definite number of § 25.2512-6. Where the donor transfers table B in paragraph (f) of this section. years the aggregate amount to be paid property in trust or otherwise and re­ If the interest to be valued is dependent within a year is first multiplied by the tains an interest therein, the value of upon more than one life or there is a figure in column 2 of table B opposite the gift is the value of the property trans­ term certain concurrent with one or the number of years in column 1 repre­ ferred less the value of the donor’s re­ more lives, see paragraph (e) of this senting the duration of the annuity. The tained interest. If the donor assigns or section. For purposes of the computa­ product so obtained is then multiplied relinquishes an annuity, life estate, re­ tions described in this section, the age of by whichever of the above factors is ap­ mainder, or reversion which he holds by a person is to be taken as the age of propriate. The application of this sub- virtue of a transfer previously made by that person at his nearest birthday. paragraph may be illustrated by the himself or another, the value of the gift (3) In all examples set forth in this following example: is the value of the interest transferred. section, the interest is assumed to have Example. The facts are the same as those * * * * * been transferred after the 30th day fol­ contained in example (1) set forth in sub- lowing publication of this provision in paragraph (1) above, except that the annuity (3) In all examples set forth in this the F ederal R egister as a Treasury is payable semiannually. The aggregate an­ section, the interest is assumed to have decision. nual amount, $10,000, is multiplied by the been transferred on or before the 30th (b) Annuities—(1) Payable annually factor 12.9934, and the product multiplied day following publication of this provi­ at end of year. If an annuity is payable by 1.0148. The value of the gift is, therefore, sion in the F ederal R egister as a Treas­ annually at the end of each year during $131,857.02 ($10,000 X 12.9934 X 1.0148). ury decision. the life of an individual (as for example (3) Payable at the beginning of an­ Par. 5. Immediately after § 25.2512-8 if the first payment is due 1 year after nual, semiannual, quarterly, monthly, there are added the following new the date of the gift), the amount pay­ or weekly periods, (i) If the first pay­ sections: able annually is multiplied by the figure ment of an annuity for the life of an § 25.2512-9 Valuation of annuities, life in column 2 of table A(l) or A(2), which­ individual is due at the beginning of the estates, terms for years, remainders ever is appropriate, opposite the number annual or other payment period rather and reversions transferred after the of years in column 1 nearest the age of than at the end (as for example if the 30th day following publication of this the individual whose life measures the first payment is to be made immediately provision in the Federal Register as a duration of the annuity. If the annuity is after the date of the gift), the value of Treasury decision. payable annually at the end of each year the annuity is the sum of (a) the first (a) In general. (1) Except as other­ for a definite number of years, the payment plus (b) the present value of a wise provided in this subparagraph, the amount payable annually is multiplied similar annuity, the first payment of fair market value of annuities, life by the figure in column 2 of table B which is not to be made until the end estates, terms for years, remainders, and opposite the number of years in column of the payment period, determined as reversions transferred after the 30th day 1 representing the duration of the an­ provided in subparagraph (1) or (2) of following publication of this provision in nuity. The application of this subpara­ this paragraph. The application of this the F ederal R egister as a Treasury deci­ graph may be illustrated by the follow­ subdivision may be illustrated by the sion is their present value determined ing examples: following example: under this section: The value of annuities Example (1). The donor, a male, assigns Example. The donee, a woman, is made issued by companies regularly engaged an annuity of $10,000 a year payable annually the beneficiary for life of an annuity of $50 in their sale and of insurance policies during his life immediately after an annual a month from the income of a trust, subject issued by companies regularly engaged payment has been made. The age of the to the right reserved by the donor to cause in their sale is determined under donor on the date of assignment is 40 years the annuity to be paid for his own benefit § 25.2512-6. The present value of life and 8 months. By reference to table A(l), or for the benefit of another. On the day a it is found that the figure in column 2 oppo­ payment is due, the donor relinquishes his estates, terms for years, remainders and site 41 years is 12.9934. The value of the reserved power. The donee is then 50 years reversions in certain depreciable prop­ gift is, therefore, $129,934 ($10,000 multiplied of age. The value of the gift is $50 plus the erty is determined under this section, by 12.9934). product of $50 X 12 X 12.5793 (see table A (2)) subject to the rules and adjustments pro­ Example (2). The donor was entitled to X 1.0272. That is, $50 plus $7,752.87, or vided in § 25.2512-10. Where the donor receive an annuity of $10,000 a year payable $7,802.87. transfers property in trust or otherwise annually at the end of annual periods and retains an interest therein, the value throughout a term of 20 years; the donor, (ii) If the first payment of an annuity when 15 years have elapsed, makes a gift for a definite number of years is due at of the gift is the value of the property thereof to his son. By reference to table B, the beginning of the annual or other pay­ transferred less the value of the. donor’s it is found that the figure in column 2 oppo­ retained interest. If the donor assigns or site 5 years, the unexpired portion of the ment period, the applicable factor is the relinquishes an annuity, life estate, re­ 20-year period, is 4.2124. The present value product of the factor shown in table B mainder, or reversion which he holds by of the annuity is, therefore, $42,124, $10,000 multiplied by whichever of the following virtue of a transfer previously made by multiplied by 4.2124). factors is appropriate: himself or another, the value of the gift (2) Payable at the end of semiannual, 1.0600 for annual payments, is the value of the interest transferred. quarterly, monthly, or weekly periods. If 1.0448 for semiannual payments, (See § 25.2512-5 with respect to the valu­ an annuity is payable at the end of semi­ 1.0372 for quarterly payments, ation of annuities, life estates, terms for annual, quarterly, monthly, or weekly 1.0322 for m onthly payments, or years, remainders, and reversions trans­ periods during the life of an individual 1.0303 for weekly payments.

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10866 PROPOSED RULE MAKING

The application of this subdivision may cial factor is required in the case of an T able A (l)— Continued be illustrated by the following example: actual gift, the Commissioner will fur­ Example. The donee is the beneficiary of nish the factor to the donor upon re­ (1) (2) (3) (4) an annuity of $50 a month, subject to a quest. The request must be accompanied Age Annuity reserved right in the donor to cause the an­ by a statement of the sex and date of Life estate 'Remainder nuity or the cash value thereof to be paid for birth of each person, the duration of his own benefit or the benefit of another. whose life may affect the value of the in­ 8 2 ...... 4.0879 0.24527 V . 0.75473 On the day a payment is due, the donor re­ 83___ linquishes the power. There are 300 payments terest, and by copies of the relevant ...... 3.8924 .23354 .76646 instruments. 84___ - ...... 3.7029 .22217 . 77783 to be made covering a period of 25 years, 85___ - ...... a 5 117 .21070 .78930 including the payment due. The value of the (f) The following tables shall be used86 ___ ...... 3.3259 .19955 .80045 gift is the product of $50X12X12.7834 (fac­ 87___ ...... 3.1450 .18870 i .81130 in the application of the provisions of 88___ ...... 2.9703 .17822 I .82178 tor for 25 years, table B) X 1.0322, or $7,917.02 this section: 89___ ...... 2.8052 .16831 . 83169 9 0 ...... - ...... 2.6536 . 15922 T a b l e A (l). | .84078 (c) Life estates and terms for years. 91___ ...... 2.5162 .15097 .84903 9 2 ...... 2.3917 .14350 If the interest to be valued is the right TABLE, SINGLE LIFE MALE, 6 PERCENT, SHOWING THE .85650 93___ ...... 2.2801 .13681 .86319 of a person for his life, or for the life of PRESENT WORTH OF AN ANNUITY, OF A LIFE INTEREST, 94___ ...... 2.1802 AND OF A REMAINDER INTEREST .13081 ! • .86919 another person, to receive the income 95___ ...... 2.0891 .12535 .87465 96___ ...... 1.9997 .11998 .88002 of certain property or to use nonincome- 97___ ...... 1.9145 . 11487 (1) (2) (3) (4) . 88513 producing property, the value of the 9 8 ...... 1 .8 3 3 1 .1 0 9 9 9 p .89001 9 9 ___ ...... 1 .7 5 5 4 .'10532 interest is the value of the property mul­ Age Annuity Life estate Remainder .89468 1 0 0 ...... 1 .6 8 1 2 .1 0 0 8 7 .89913 tiplied by the figure in column 3 of table 1 0 1 ...... 1 .6 1 0 1 .0 9 6 6 1 f . .90339 1 0 2 ...... 1 .5 4 1 6 . 09250 A(l) or A(2), whichever is appropriate, 0 ...... - ...... 15.6 1 7 5 '0.93705 0.06295 .90750 1 0 3 ...... 1 .4 7 4 4 .0 8 8 4 6 1 ...... _ ...... 16.0362 .9 6 2 1 7 .03 7 8 3 . 91154 opposite the number of years nearest to 1 0 4 ...... 1 .4 0 6 5 .0 8 4 3 9 2 _ . ______------16.0 2 8 3 .9 6 1 7 0 i . 91561 .0 3 8 3 0 1 0 5 ...... 1.3334 .08000 the actual age of the measuring life. If 3 . . . ____ ------16.0089 .9 6 0 5 3 .92000 .0 3 9 4 7 1 0 6 ...... 1 .2 4 5 2 . 07471 '4 ...... ------15.9841 .9 5 9 0 5 .0 4 0 9 5 - .92529 the interest to be valued is the right to 107 . . . ______1 .1 1 9 6 .0 6 7 1 8 is'- .93282 5 ...... 1 5 .9553 .9 5 7 3 2 .0 4 2 6 8 1 0 8 - . . ______9043 . 05426 receive income of property or to use 6 ...... 1 5 .9233 .9 5 5 4 0 . 94574 .0 4 4 6 0 1 0 9 k ...... 4717 .02830 7- . 97170 nonincome-producing property for a !...... ------1 5 .8 8 8 5 .9 5 3 3 1 .0 4 6 6 9 term of years, column 3 of table B is 8 ...... 15.8508 .9 5 1 0 5 .0 4 8 9 5 9 ...... - ...... 15.8101 .94861 . 05139 T a b l e A (2) used. The application of this paragraph 10______...... 15.7663 .9 4 5 9 8 * .0 5402 1 1 - — ------15.7 1 9 4 may be illustrated by the following .94316 .05684 TABLE, SINGLE LIFE FEMALE, 6 PERCENT, SHOWING THE ■ 12 — 15.6698 .9 4 0 1 9 .05981 PRESENT WORTH OF AN ANNUITY, OF A LIFE INTER- example: 1 3 ...... 15.6 1 8 0 .9 3 7 0 8 .0 6 2 9 2 EST, AND OF A REMAINDER INTEREST Example. The donor, a male, who during 14...... ------15.5651 . 93391 .0 6 6 0 9 1 5 ...... - ...... 1 5.5115 .9 3 0 6 9 .0 6 9 3 1 * H his life is entitled to receive the income from 16______15.4576 . 92746 .0 7 2 5 4 property worth $50,000, makes a gift of such 17...... 15.4031 .9 2 4 1 9 .0 7 5 8 1 ' (1) (2) (3) 1 8 . . _____ 15.3481 .9 2 0 8 9 .0 7 9 1 1 interest. The donor is 31, years old on the Age Annuity date of the gift. The value of the gift is 1 9 . ______------15.2918 . 91751 . 08249 Life estate .Remainder 2 0 ...... 15.2 3 3 9 . 91403 . 08597 $43,058.50 ($50,000X0.86117). - 2 1 ...... ------15.1 7 4 4 .91046 .08954 2 2 . . — _...... 15.1130 0...... 15.8972 0.95383 0.04617 .9 0678 .0 9 3 2 2 1...... (d) Remainders or reversionary in­ 2 3 ...... 15.0487 .9 0 2 9 2 .0 9 7 0 8 16.2284 . 97370 .02630 2...... £ ...... 16.2287 . 97372 terests. If the interest to be valued is a 2 4______...... 14.9807 . 89884 .1 0 1 1 6 .02628 2 5 . . — . . 3...... 16.2180 . 97308 .02692 ...... 14.9 0 7 5 .8 9 4 4 5 . 10555 4...... remainder or reversionary interest sub­ 26______...... 14.8 2 8 7 .8 8 9 7 2 . 11028 ...... 16.2029 . 97217 .02783 27...... ______14.7 4 4 2 .8 8 4 6 5 5...... 16.1850 . 97110 .02890 ject to a life estate, the value of the in­ .1 1 5 3 5 6 28...... 1 4 .6 5 4 2 .8 7 9 2 5 .1 2 0 7 5 ...... 16.1648 .96989 .03011 terest should be obtained by multiplying 29...... 14.5588 .87353 .1 2 6 4 7 7...... 16.1421 .96853 .03147 3 0 ...... ______14.4584 . 86750 .1 3 2 5 0 8...... 16.1172 .96703 .03297 the value of the property at the date of 9...... 16.0901 the gift by the figure in column 4 of table 3 1 ...... 1 4 .3 5 2 8 . 86117 .1 3 8 8 3 . 96541 .03459 3 2 ...... 14.2 4 1 8 .8 5 4 5 1 .1 4 5 4 9 10...... 16.0608 .96365 .03635 A(l) or A(2), whichever is appropriate, 3 3 ______...... 14.1254 . 84752 11...... 16.0293 . 96176 .03824 .1 5 2 4 8 12...... opposite the number of years nearest the 3 4 ...... ______14.0034 .8 4 0 2 0 .1 5 9 8 0 ...... 15.9958 . 95975 . .04025 3 5...... ______1 3 .8 7 5 8 13___ —...... 15.9607 .95764 | .04236 .8 3 2 5 5 .1 6 7 4 5 14______age of the life tenant. If the remainder 3 6...... ______.... 13.7425 .8 2 4 5 5 .1 7 5 4 5 ...... 15.9239 . 95543 ; .04457 15...... 15.8856 . 95314 .04686 or reversion is to take effect at the end 3 7...... ______1 3 .6 0 3 6 . 81622 .1 8 3 7 8 3 8 ...... 13.4591 .8 0 7 5 5 .1 9 2 4 5 16...... 15. 8460 .95076 ' .04924 of a term of years, column 4 of table B 39...... I 1 3 .3 0 9 0 .7 8 9 5 4 i7 ...... :...... 15.8048 .94829 I .05171 . 20146 18______should be used. The application of this 4 0 ...... 1 3.1538 .7 8 9 2 3 .21 0 7 7 ...... 15. 7620 .94572 .05428 41______...... 12.9934 .77960 .2 2 0 4 0 19...... 15.7172 .94303 .05697 paragraph may be illustrated by the fol­ 20...... 4 2 ...... 12.8279 . 76967 .2 3 0 3 3 ______15.6701 .94021 .05979 lowing example: 4 3 ...... 12.6 5 7 4 21...... 15.6207 .93724 ' .06276 . 75944 .2 4 0 5 6 22...... 4 4 ...... 12.4 8 1 9 . 74891 .2 5 1 0 9 ______15.5687 .93412 .06588 Example. The donor transfers by gift a 45...... 12.3013 23...... 15.5141 .93085 .06915 .73808 . 26192 .24...... remainder interest in property worth 46______...... 12.1 1 5 8 .7 2 6 9 5 . 27305 ...... 15.4565 . 92739 .07261 47...... 11.9253 .7 1 5 5 2 .2 8 4 4 8 25...... ______15.3959 . 92375 .07625 $50,000, subject to his sister’s right to receive 26...... 15.3322 .91993 .08007 the income therefrom for her life. The sis­ 4 8 ...... 11.7308 .70385 .2 9 6 1 5 4 9...... 11.5 3 3 0 27...... 15.2652 .91591 .08409 . 69198 . 30802 28...... 08832 ter at the date of the gift is 31 years of age. 5 0______11.3 3 2 9 . 67997 .3 2 0 0 3 ...... 15.1946 .91168 By reference to table A(2), it is found that 51...... 11.1308 .66785 29...... 15.1208 .90725 .09275 .3 3 2 1 5 30...... 09741 5 2 ...... ______10.9267 .6 5560 .3 4410 ______15.0432 .90259 the figure in column 4 opposite age 31 is 31...... ______14.9622 . 89773 .10227 0.10227. The value of the gift is, therefore, 5 3 ______...... 1 0 .7 2 0 0 .6 4 3 2 0 . .3 5 6 8 0 5 4 ...... ‘ 10. 5100 .63060 32...... ______14.8775 . 89265 . . 10735 .3 6 9 4 0 33...... 11267 $5,113.50 ($50,000 X 0.10227). 5 5 ...... 1 0 .2 9 6 0 . 61776 .3 8 2 2 4 ...... 14.7888 .88733 5 6 ______34...... 14.6960 .88176 .11824 ...... 10.0777 .6 0 4 6 6 .3 9 5 3 4 35...... 12407 (e) Actuarial computations by the In­ 5 7 ______...... 9.8552 .59131 .4 0 8 6 9 ...... 14.5989 . 87593 5 8 ______36...... ______14.4975 .86985 . 13015 ternal Revenue Service. If the interest to ...... 9 .6 2 9 7 . 57778 .42222 37...... 13651 5 9 ...... 9.4028 .56417. .4 3 5 8 3 ______14.3915 .86349 be valued is dependent upon the con­ 6 0 ...... 38...... 14.2811 .85687 . 14313 ...... 9.1753 . 55052 .4 4 9 4 8 3 9 ...... 15002 £ 1 ...... 8 .9 4 7 8 .5 3 6 8 7 ...... 14.1663 .84998 tinuation or termination of more than .4 6 3 1 3 40...... 14.0468 .84281 . 15719 6 2 ...... 8.7202 .52321 .4 7 6 7 9 41...... • .16464 one life, or there is a term certain con­ 6 3 ...... 8.4924 .50954 ...... 13.9227 .83536 .4 9 0 4 6 M . 17236 6 4 ______8.2642 .49585 42...... 13.7940 .82764 current with one or more lives, or if the .5 0 4 1 5 43...... 13.6604 .81962 . 18038 6 5 ...... 8 .0 3 5 3 .4 8 2 1 2 . 51788 retained interest of the donor is condi­ 44...... 13.5219 . 81131 .18869 6 6 ...... 7 .8 0 6 0 .4 6 8 3 6 .5 3 1 6 4 45...... B P 19781 tioned upon survivorship, a special factor 6 7 ...... 7 .5 7 6 3 .45458 .54542 ...... 13.3781 .80269 is necessary. The factor is to be computed 6 8 ...... 7,3462 . 44077 .5 5 9 2 3 46...... 13.2290 .79374 ■ .20628 upon the basis of the life table for total 6 9 ...... 7 .1 1 4 9 . 42689 . 67311 4?...... —- ...... 13.0746 .78448 ; . .21552 7 0 ...... 6.8823 .41294 .5 8 7 0 6 48...... 12.9147 .77488 f:. .22512 7 1 ...... ______6.6481 .39889 . 60111 males (as to each male life involved) and 49...... 12.7496 .76498 .23502 the life table for total females (as to each 7 2 ...... 6.4123 .38474 .6 1 5 2 6 7 3 ...... 6 .1 7 5 2 .3 7 0 5 1 .6 2 9 4 9 50...... 12.5793 .75476 K .24524 female life involved) contained in United 7 4 ...... 5.9373 . 35624 .6 4 3 7 6 51...... 12.4039 .74423 Ik. 25577 States Life Tables: 1959-61, published 7 5 ...... 5.6990 .34194 i 65806 52...... 12.2232 .73339 .26661 7 6 ...... 5.4602 .3 2 7 6 1 .6 7 2 3 9 53...... 27780 by the U.S. Department of Health, Edu­ 7 7 ...... 5.2 2 1 1 .3 1 3 2 7 ...... 12.0367 . 72220 .6 8 6 7 3 .28938 cation, and Welfare, Public Health Serv­ 7 8 ...... 4 .9 8 2 5 .2 9 8 9 5 .7 0 1 0 5 54...... 11.8436 .71062 ice, and interest at the rate of 6 percent 7 9 ...... 4.7469 .28481 .7 1 5 1 9 55...... 11.6432 .69859 . .30141 8 0 . . _____ ...... 4 .5 1 6 4 .2 7 0 9 8 .7 2 9 0 2 66...... 11.4353 .68612 1 .31388 a year, compounded annually. If a spe­ 8 1 ...... 4 .2 9 5 5 .2 5 7 7 3 .7 4 2 2 7 57...... 11.2200 .67320 | .32680

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 PROPOSED RULE MAKING 10867

T a b l e B — Continued § 75.301-4 Quantity and velocity of air; T a b l e ! A (2)— Continued minimum requirements. (1) (2) (3) (4) (4) (a) On and after March 30, 1971, the (1) (2) (3) N u m b er of T erm minimum quantity of air reaching each R em ainder L ife years A n n u ity certain working face of each coal mine shall be Age A n n u ity . estate Reminder 3,000 cubic feet a minute when measured 34 i ...... 14.3681 0.862088 0.137912 at the inby end of the line brattice or . 869895 . 130105 .6 5 9 8 8 .3 4 0 1 2 35 ...... 14.4982 68...... » ...... 1 0 .9 9 8 0 . 877259 . 122741 other approved device, and 9,000 cubic .6 4 6 2 2 .3 5 3 7 8 36 ...... 14.6210 59 ...... 10.7»...... 7 0 3 . 884207 . 115793 .6 3 2 2 6 .3 6 7 7 4 37 14.7368 feet a minute at the intake end of each 60 . 10.5 3 7 6 . 890761 . 109239 .6 1 8 0 3 .3 8 1 9 7 38 ». 14.8460 61...... 10.3005 . 896944 . 103056 longwall face When measured at the in­ .6 0 3 5 2 .3 9 6 4 8 39 14.9491 62...... ** 1 0.0587 . 097222 .4 1 1 2 9 40 ...... 15.0463 . 902778 take end of the longwall face. 6 3 . .. 9 .8 1 1 8 .5 8 8 7 1 . 091719 .4 2 6 4 5 41 15.1380 . 908281 6 4 . .. 9 .5 5 9 2 . 57355 . 913473 .086527 (b) On and after March 30, 1971, ex­ .5 5 8 0 3 .4 4 1 9 7 42 15. 2245 6 5 ...... 9— .3 0 0 5 . 918370 .081630 .5 4 2 1 1 745789 43 15. 3062 cept in working places using a blowing 66. .. 9 .0 3 5 2 . 922991 . 077009 .5 2 5 8 3 . 47417 44 15.3832 system as the primary means of face 67 ...... 8- .7...... 6 3 9 . 927350 . 072650 .5 0 9 2 4 .4 9 0 7 6 45 ...... 15.4558 68 ...... 8 .4 8 7 4 .931462 . 068538 ventilation or in working places where . 49241 .5 0 7 5 9 46 15.5244 6 9 -i # ...... - 8 .2 0 6 8 .935342 .064658 .5 2 4 6 0 47 ...... 15.5890 a lower mean entry air velocity has been 70 ...... 7— .9 2 3 4 .4 7 5 4 0 . 939002 .060998 .4 5 8 2 3 .5 4 1 7 7 48 15.6600 71 ...... 7 .6 3 7 1 . 942454 . 057546 determined to be adequate to render . 55912 49 . 15.7076 ...... 7 .3 4 8 0 .4 4 0 8 8 15.7619 . 945712 .054288 ...... 7 .0 5 6 8 .4 2 3 4 1 .5 7 6 5 9 50 » harmless and carry away methane, and 7 3 ...... -* 51 15.8131 . 948785 . 051215 ...... 6.7645 .4 0 5 8 7 . 59413 to reduce the level of respirable dust to 74...... — 52 15.8614 . 951684 .048316 7 5 ...... 6 .4 7 2 1 .3 8 8 3 3 . 61167 . 045582 .6 2 9 2 7 53 15.9070 . 954418 the lowest attainable level by the Coal 76 ...... 6 .1 7 8 8 . 37073 15.9500 . 956999 .043001 ...... 5 .8 8 4 5 .3 5307 .6 4 6 9 3 54 Mine Safety District Manager, the mini­ 7 7 ...... 55 ...... 15.9905 . 959433 .040567 78 ...... 5 .5 9 1 0 .3 3 5 4 6 .6 6 4 5 4 . 961729 . 038271 mum mean entry air velocity shall be 60 .6 8 1 8 9 56 ...... ». 16.0288 ...... 5 .3 0 1 8 .3 1 8 1 1 16.0649 .963895 . 036105 5.0195 . 30117 .6 9 8 8 3 57 feet a minute in (1) all working places go ...... 58 16.0990 .965939 .034061 g l ...... 4 .7 4 8 2 .2 8 4 8 9 .7 1 5 1 1 . 967867 . 032133 where coal is being cut, mined, or loaded .7 3 0 6 5 59 16.1311 g2 ...... 4 .4 8 9 2 .2 6 9 3 5 16.1614 . 969686 .030314 ______4 .2 3 9 8 .2 5 4 3 9 .7 4 5 6 1 60_...... - ...... from the working face with mechanical ______3 .9 9 2 7 .2 3 9 5 6 .7 6 0 4 4 mining equipment, and (2) in any other g5 ...... 3 .7 4 0 1 .2 2 4 4 1 .7 7 5 5 9 § 25.2512-10 Valuation of life estates, working place designated by the Coal g6 ...... 3 .5 0 1 6 . 2 10 10 .7 8 9 9 0 87...... 3 .2 7 9 0 . 19674 .8 0 3 2 6 terms for years, remainders and re­ Mine Safety District Manager for the g g ...... ______3 .0 7 1 9 .1 8 4 3 1 .8 1 5 6 9 versions in certain depreciable district in which the mine is located in g9...... 2 .8 8 0 8 .1 7 2 8 5 .8 2 7 1 5 which excessive amounts of respirable 90...... 2 .7068 . 16241 .8 3759 property...... 2 .5 5 0 2 .1 5 3 0 1 .8 4 6 9 9 dust are being generated by any type of .8 5 5 3 0 (Text to be published separately at a g2 ...... 2 .4 1 1 6 .1 4 4 7 0 mechanical mining equipment. 9 3 ...... —...... 2.2 9 0 1 . 13741 .8 6 2 5 9 later date.) ...... 2 .1 8 3 9 .1 3 1 0 3 .8 6 8 9 7 (c) (1) Except as provided in para­ 9 5 ...... r. 2 .0 8 9 1 .1 2 5 3 5 .8 7 4 6 5 [F.R. Doc. 70-8405; Filed, July 2, 1970; graph (2) of this section, and except in 9 6 ...... 1 .9 9 9 7 .1 1 9 9 8 .8 8 0 0 2 8:45 a.m.] ...... 1.9 1 4 5 . 11487 . 88513 working places where combination face 9 8 ...... — ...... 1 .8 3 3 1 .1 0 9 9 9 .8 9 0 0 1 ventilation systems are employed, the 99 ...... 1 .7554 .1 0 5 3 2 .8 9 4 6 8 lOO-...... ______1 .6 8 1 2 .1 0 0 8 7 .8 9 9 1 3 mean entry air velocity of air passing Ï 0 1 - ...... - ...... 1 .6101 .0 9 6 6 1 .9 0 3 3 9 through any room, entry, crosscut, pillar Î 02...... m ...... 1 .5 4 1 6 .0 9 2 5 0 .9 0 7 5 0 DEPARTMENT OF THE INTERIOR ¡0 3 ...... 1 .4 7 4 4 .0 8 8 4 6 .9 1 1 5 4 cut, or other working place shall be es­ 104...... 1 .4 0 6 5 .0 8 4 3 9 .9 1 5 6 1 Bureau of Mines tablished as follows: 105...... 1 .3 3 3 4 .0 8 0 0 0 .9 2 0 0 0 .9 2 5 2 9 (i) The quantity of air, when 106...... 1 .2 4 5 2 .0 7 4 7 1 [ 30 CFR Part 75 1 l0 7 ...... 1 .1 1 9 6 .0 6 7 1 8 .9 3 2 8 2 measured at the inby end of the line l0 8 ...... 9043 .0 5 4 2 6 . 94574 l0 9 ...... 4717 .0 2 8 3 0 .9 7 1 7 0 MANDATORY SAFETY STANDARDS, brattice or other approved device, shall UNDERGROUND COAL MINES be determined; (ii) The cross sectional area of the T a b l e B Notice of Proposed Rule Making room, entry, crosscut, pillar cut, or other TABLE SHOWING THE PRESENT WORTH AT 6 PERCENT OF Notice is hereby given that pursuant working place, when measured at or AN ANNUITY FOR A TERM CERTAIN, OF AN INCOME to the authority vested in the Secretary near the inby end of the line brattice INTEREST FOR A TERM CERTAIN, AND OF A REMAINDER of the Interior under section 101 of the system or other approved device, less the INTEREST POSTPONED FOR A TERM CERTAIN Federal Coal Mine Health and Safety Act cross sectional area of the line brattice of 1969 (Public Law 91-173), and in ac­ system or other approved device, shall be (1) (2) (3) (4) cordance with the provisions of section determined; N um ber of A n n u ity T erm R em ainder 303 (b) of the Act which directs the Sec­ (iii) The air quantity measured in (a) years certain retary to prescribe the minimum velocity shall then be divided by the remaining and quantity of air reaching each cross sectional area as determined in (b) 1 ... 0.9434 0.056604 . 0.943396 working face of each coal mine, it is pro­ and the resulting quotient shall consti­ 2 1. 8334 .110004 .889996 posed that § 75.301 of Part 75, Subchap­ tute the mean entry air velocity; thus: 3 ... 2.6730 ' .160381 . 839619 4 ... 3.4651 .207906 . 792094 ter O, Chapter I of Titl

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 No'. 129 10868 PROPOSED RULE MAKING

United States or any agency thereof, that Corporation’s regulations (12 CFR Part FEDERAL DEPOSIT INSURANCE the bank is obligated to repurchase; 329). (3) (i) Bears on its face, in bold-face Four categories of transactions would type, the following: be specifically exempt from the provi­ CORPORATION “This obligation is not a deposit and sions of Part 329 under the proposed [12 CFR Part 329 ] is not insured by the Federal Deposit § 329.10(b). They are: (1) “Interbank” Insurance Corporation;” transactions, including obligations evi­ INTEREST ON DEPOSITS (ii) Has an original maturity of 7 years dencing funds received from certain for­ Notice of Proposed Rule Making or more and is in an amount of at least eign governments and governmental en­ $500; tities, or funds received from agencies of 1. Notice is hereby given that the (iii) States expressly that it is sub­ the United States or the Government Board of Directors of the Federal De­ ordinated to the claims of depositors and Development Bank of Puerto Rico; (2) posit Insurance Corporation, under the is ineligible as collateral for a loan by obligations evidencing an indebtedness authority contained in sec. 2 [91, 64 Stat. the issuing bank; arising from a transfer of direct obliga­ 881; 12 U.S.C. 1819, is considering (iv) Is unsecured; and tions of, or obligations fully guaranteed amending Part 329 by the addition of a (v) Has been approved by the Federal as to principal and interest by, the new § 329.10 (12 CFR § 329.10), as Deposit Insurance Corporation as an United States or an agency thereof, that follows: addition to the bank’s capital structure.3 the bank is obligated to repurchase; (3) § 329.10 Certain promissory notes and Provided, That the restrictions on matu­ obligations which expressly state that other obligations. rity set forth in subparagraph (3) (ii) they are not deposits and not insured by (a) General. Except as provided in above shall not apply to any obligation the Federal Deposit Insurance Corpora­ this section, the provisions of this Part which otherwise meets all the require­ tion, have an original maturity of 7 years 329 shall apply to obligations other than ments in paragraph (3) and with respect or more and are in an amount of at least deposits that are issued or undertaken to which the Federal Deposit Insurance $500, are subordinated to the claims of by insured nonmember banks1 for the Corporation has determined that exigent depositors, ineligible as collateral for a purpose of obtaining funds to be used circumstances require the issuance of loan by the issuing bank,unsecured, and in the banking business. The term “obli­ such obligation without regard to the have been approved by the Federal gations” includes but is not limited to provisions of this Part 329; or Deposit Insurance Corporation as an ad­ promissory notes, acknowledgments of (4) Arises from a borrowing by an in­ dition to the bank’s capital structure. A advance, due bills, repurchase agree­ sured nonmember bank from a dealer proviso is added to this exemption (3) ments or similar obligations (written or in securities, for one business day, of which would allow the Corporation to oral). proceeds of a transfer of deposit credit approve the issuance of such obligations (b) Exceptions. The provisions of this in a Federal Reserve bank (or other im­ without regard to maturity where exigent Part 329 shall not apply to any obliga­ mediately available funds), commonly circumstances so require; and (4) certain tion other than a deposit obligation of referred to as “Federal funds,” received borrowings from securities dealers. an insured nonmember bank that: by such dealer on the date of the loan in In the judgment of the Board of Direc­ (1) Is issued to (or undertaken with connection with the clearance of secu­ tors, adoption of the proposed regulation respect to), and held for the account of, rities transactions. may be necessary to give full scope and (i) a bank,* (ii) any organization the 2. Section 18(g) of the Federal Depositeffect to the interest rate control provi­ time deposits of which are exempt from Insurance Act (12 U.S.C. 1828(g)), as sions in Part 329 which presently apply § 329.6 pursuant to the provisions of amended by the Act of December 23,1969 only to interest on deposits of insured § 329.3(g), (iii) an agency of the United (83 Stat. 371), authorizes the Board of nonmember banks. States or the Government Development Directors of the Federal Deposit In­ 3. This notice is published pursuant to Bank for Puerto Rico; surance Corporation to apply the provi­ section 553(b) of title 5, United States (2) Evidences an indebtedness arising sions thereof and regulations issued Code, and §§ 302.1-302.5 of the rules and from a transfer of direct obligations of, thereunder “to obligations other than regulations of the Federal Deposit In­ or obligations that are fully guaranteed deposits that are undertaken by insured surance Corporation. as to principal and interest by, the nonmember banks or their affiliates for 4. Interested persons are invited to the purpose of obtaining funds to be used submit written data, views, or arguments in the banking business.” regarding the proposed new § 329.10 to 1 The term “insured nonmember bank” in­ the Secretary, Board of Directors of the cludes insured nonmember “mutual sav­ Section 329.10 (a) of the proposed regu­ ings banks” as defined in 1329.7(a) and lations places all obligations other than Federal Deposit Insurance Corporation, “noninsured savings banks” as defined in deposits that are issued or undertaken Washington, D.C. 20429, within 30 days § 329.9(a). by insured nonmember banks for the after the date of publication of this notice 2 The term “bank” includes a member purpose of obtaining funds to be used in in the F ederal R egister. bank, a nonmember commercial bank, a the banking business under the interest By order of the Board of Directors, savings bank (mutual or stock), a building rate control provisions of Part 329 of the or savings and loan association or coopera­ June 25,1970. tive bank,-the Export-Import Bank of the F ederal D eposit I nsurance United States, or a foreign bank. It also in­ * Capital notes or debentures issued by in­ Corporation, cludes bank subsidiaries that engage in busi­ sured nonmember banks are subject to the ness in which their parents are authorized retirement provisions of section 18(1) (1) of [seal] E. F. D o w n e y , to engage and subsidiaries the stock of the Federal Deposit Insurance Act whether Secretary. which is by statute explicitly eligible for or not such capital notes or debentures are [F.R. Doc. 70-8458; Filed, July 2, 1970; purchase by national banks. exempt from the provisions of Part 329. 8:45 a.m.J

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10869 Notices

mineral leasing laws, except as provided S. 31°30' W., approximately 120 chs. to the point of beginning. DEPARTMENT OF THE TREASURY in paragraphs 3 and 4. Containing approximately 7,075 acres, As used herein, “public lands" means b. Lands at the neck of the Baldwin Fiscal Service any lands which are not withdrawn or Peninsula described as follows; [Dept. Circ. 570, 1969 Rev., Supp. No. 24] reserved for a Federal use or purpose. Beginning at a point in approximate lati­ 2. The public domain lands affected tude 66°31'50'' N., longitude 161°51'24" W., OLYMPIC INSURANCE COMPANY, are located on the Baldwin Peninsula, located on the mean high water line of Hot- LOS ANGELES, CALIFORNIA ham Inlet, on the easterly shore of Baldwin northwestern Alaska. Peninsula: Termination of Authority To Qualify as The lands classified are described as Thence northwesterly approximately 332.0 Surety on Federal Bonds follows and are shown on maps on file in *chs. along the mean high water line of the Fairbanks District and Land Office, Hotham Inlet to a point at latitude 66 °- Notice is hereby given that the certif­ 34'32" N., longitude 161°56'40'' W.; 516 Second Avenue, Fairbanks, Alaska, S. 60°00' W., approximately 72.0 chs. to a icate of authority issued by the Secre­ and the State Office, Bureau of Land point at latitude 66°34'10" N., longitude tary of the Treasury to the Olympic In­ Management, 555 Cordova Street, An­ 161°58'12" W., located on the mean high surance-Company, Los Angeles, Califor­ chorage, Alaska. water line of Kotzebue Sound, on the nia, under sections 6 to 13 of title 6 of the westerly shore of Baldwin Peninsula; Baldwin Peninsula United States Code, to qualify as an S. approximately 320 chs. along the mean acceptable surety on recognizances, stip­ All of the public lands comprising the high water line of Kotzebue Sound to a ulations, bonds and undertakings per­ Baldwin Peninsula north of latitude 66°30' point at latitude 66°31'18'' N., longitude mitted or required by the laws of the north. ' m 161°53'18'' W.; N. 60°00' E., approximately 84.0 chs. to the United States, is hereby terminated, Containing approximately 148,000 point of beginning. effective June 30, 1970. acres. Containing approximately 1,785 acres. Bond approving officers of the Gov­ 3. The following described public lands 4. The following described lands, com­ ernment should, in instances where such are further segregated from appropria­ prising the watershed for the city of action is necessary, secure new bonds tion or settlement under the Native Allot­ Kotzebue, are further segregated from with acceptable sureties in lieu of bonds ment Act, 43 CFR 2212.9 (48 U.S.C. 357- appropriation or settlement under the executed by the Olympic Insurance Com­ 357b) and the Homesite Law, 43 CFR Native Allotment Act, 43 CFR 2212.9 (48 pany. 2233.9-2 (48 U.S.C. 461). U.S.C. 357-357b), the Homesite Law, 43 Dated: June 30,1970. a. Lands surrounding Kotzebue as follows: CFR 2233.9-2 (48 U.S.C. 461), the Town- Beginning at a point which bears approx­ site Laws, 43 CFR 2242.9 (48 U.S.C. 355- [s e a l ] J o h n K. C a r l o c k , imately S. 65°30' E., 13.0 chs. from USC and 355d), the Mining Laws, 43 CFR 3400 Fiscal Assistant Secretary. GS “KOTZEBUE ASTRO AZ” (VABM 123); (30 U.S.C. ch. 2), Mineral Materials Dis­ [F.R. Doc. 70-8521; Filed, July 2, 1970; Thence west, approximately 50.0 chs. to the posals, 43 CFR 3610 (30 U.S.C. 601-602), 8:49 a.m.] m outh of June Creek; and uses not compatible with the S. 64°00' W., 12.0 chs.; watershed values. s! 24°00' E„ 28.0 chs.; a. Beginning at a point which bears S. 72°00' E., approximately 37.0 chs. to a point approximately S. 65°30' E., 13.0 chs. DEPARTMENT OF THE INTERIOR coincident with the northeast corner otf the from USC & GS “KOTZEBUE ASTRO Air Force Reserve PLO 883; AZ” (VABM 123); Bureau of Land Management S. 36°30' E., approximately 80.3 chs. to a point coincident with the southeast comer of Thence west, approximately 50.0 chs. to the [F-870] said Air Force Reserve; m outh of June Creek; S. 53°30' W., 40.0 chs.; S. 64° 00' W., 12.0 chs.; ALASKA S. 35°00' E., 119.0 chs.; S. 24°00' E., 28.0 chs.; West, approximately 15.0 chs. to a point on S. 72°00' E„ approximately 37.0 chs. to a Notice of Classification of Lands for the mean high water line of Kotzebue point coincident with the northeast corner Multiple Use Management Sound, said point found in approximate of the Air Force Reserve PLO 883; latitude 66°49'23" N., longitude 162°33'57" S. 36°30' E., approximately 80.3 chs. to a J u n e 18, 1970. W.; point coincident with the southeast corner 1. Pursuant to the Act of Septem­ Northerly, along the mean high water line of of said Air Force Reserve; ber 19,1964 (78 Stat. 986, 43 U.S.C. 1411- Kotzebue Sound approximately 16.10 miles S. 53°30' W., 40.0 chs.; 18) and the regulations in 43 CFR, Parts to a point found in approximate latitude S.35°00'E ., 119.0 chs.; 2410 and 2411, all of the public lands in 66°55'28'' N„ longitude 162°23'05'' W.; East 136.0 chs.; South 80.0 chs.; North 160.0 chs.; the areas described below are hereby West 200.0 chs.; East 80.0 chs.; classified for multiple use management. South 40.0 chs.; North 240.0 chs.; Publication of this notice will not affect West 40.0 chs.; West approximately 215 chs. to a point on valid existing rights, or the determina­ South 40.0 chs.; the east limit of USS 2645, found S. 26°30' tion and the protection of the rights of West approximately 140.0 chs. to a point on W„ 42.0 chs. from corner 5, USS 2645; the native Aleuts, Eskimos, and Indians *e east limit of USS 2645, found S. 26 °- S. 26°30' W., approximately 31.0 chs. to the of Alaska. 30' W., 42.0 chs. from corner 5, USS 2645; northwest corner, Tract V, State of Alaska, S. 26°30' W., approximately 31.0 chs. to the Department of Aviation Airfield; Publication of this notice has the effect northwest corner, Tract V, State of Alaska, S. 79° 15' E., approximately 28.0 chs. to the of segregating the public lands described Department of Aviation Airfield; southwest corner of Tract B, PLO 3830; from appropriation under the Agricul­ S. 79° 15' E., approximately 28.0 chs. to the N. 10°45' E., 20.369 chs.; tural Land Laws, 43 CFR 2211.9 (48 southwest corner of Tract B, PLO 3830; S. 79°15' E., 62.945 chs.; U.S.C. 371-380); the Trade and Manu­ N. 10°45' E., 20.369 chs.; S. 10°45' W.,. approximately 58.0 chs. to the facturing Site Act, as amended, 43 CFR S. 79° 15' E., 62.945 chs.; southeast comer of Tract V; S. 10°45' W., approximately 58.0 chs. to the N. 79° 15' W., approximately 16.80 chs. to the 2213 (48 U.S.C. 461); and the Head­ southeast corner of Tract V; northeast corner of Tract C, PLO 3830; quarters Site Law, 43 CFR 2233.9-1 (48 N. 79°15' W., approximately 16.80 chs. to the S. 10°45' W., 3.873 chs.; U-S.c. 461), and the lands shall remain northeast corner of Tract O, PLO 3830; N. 79° 15' W., 30.040 chs.; S. 10°45' W., 3.873 chs.; N. 10°45' E., 3.873 chs.; open to all other applicable forms of N. 79° 15' W., 30.040 chs.; N. 79°15' W., 22.749 chs.; appropriations, including selections by N. 10°45' E., 3.873 chs.; S. 31°30' W., approximately 120 chs. to the the State of Alaska and the mining and N. 79° 15' W., 22.749 chs.; point of beginning.

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10870 NOTICES

Containing approximately 8,790 acres. duly proclaimed pursuant to provisions Office of the Secretary 5. Following publication of a notice of the Agricultural Adjustment Act of 'of proposed classification October 3, 1968 1938, as amended. Said Act requires the MISSISSIPPI (33 F.R. pages 14787-14788) meetings Secretary to conduct a referendum, not were held in Kotzebue and a formal later than August 1,. 1970, of producers Designation of Areas for Emergency hearing was held there on March 13, having farm wheat acreage allotments Loans 1969. to determine whether they favor or op­ For the purpose of making emergency The record showing the comments re­ pose marketing quotas for such market­ loans pursuant to section 321 of the ceived, transcript of the hearing and ing year. Prior to establishing the date Consolidated Farmers Home Administra­ other information is on file in the Fair­ for the referendum on the 1971 crop of tion Act of 1961 (7 U.S.C.'1961), it has banks District Office, 516 Second Avenue, wheat, public notice (35 F.R. 4763) was been determined that in the hereinafter- Fairbanks, Alaska 99701. given in accordance with 5 U.S.C. 553. named counties in the State of Missis­ The comments received have been fa­ No views, data, or recommendations were sippi natural disasters have caused a vorable. No changes were indicated from received pursuant to such notice with re­ need for agricultural credit not readily the original proposal. spect to the date for such referendum. available from commercial banks, co­ This classification involves no transfer It is hereby determined that such ref­ operative lending agencies, or other re­ of title and does not affect the eventual erendum shall be held during the refer­ sponsible sources. settlement of any Native aboriginal endum period July 27 to 31, 1970, each claims in the area. Also, this classifica­ inclusive, by mail ballot in accordance Mississippi tion does not affect selections by the with Part 717 of this chapter (33 F.R. George Lawrence State of Alaska for any or all of the 18345). Hancock Marion public lands involved. Harrison Pearl River Further study of the lands will con­ Signed at Washington, D.C., June 30, Jackson ~ Stone tinue after classification and the Bureau 1970. Lamar will consider any reclassification action C lifford M. H ardin, Pursuant to the authority set forth in the public interest required for orderly Secretary. above, emergency loans will not be made development. [F.R. Doc. 70-8495; Filed, June 30, 1970; in the above-named counties after De­ 6. For a period of 30 days from the 2:34 p.m.] cember 31,1970, except to applicants who date of publication in the F ederal previously received emergency or special R egister, this classification shall be sub­ livestock loan assistance and can qualify ject to the exercise of administrative re­ FLUE-CURED TOBACCO under established policies and proce­ view and modification by the Secretary Notice of Referendum dures. of the Interior as provided in 43 CFR Notice is hereby given that on July 16, Dojjg at Washington, D.C., this 29th, 2411.2c. day of June 1970. B urton W. S ilcock, 1970, a referendum will be held of farm­ State Director. ers engaged in the production of Flue- Clifford M. H ardin, cured tobacco of the 1970 crop, pursuant [F.R. Doc. 70-8481; Filed, July 2, 1970; Secretary of Agriculture. 8:45 a.m.] to the provisions of the Agricultural Ad­ [F.R. Doc. 70-8519; Filed, July 2, 1970; justment Act of 1938, as amended. Notice * 8:49 a.m.] that consideration would be given to [OR 6108] establishing a date (or period) for hold­ OREGON ing such referendum and whether the MEAT IMPORT LIMITATIONS referendum would be conducted at poll­ Notice of Proposed Classification of ing places rather than by mail ballots Third Quarterly Estimates Public Lands for Multiple Use Man­ was given and published in the F ederal Public Law 88-482, approved Au­ agement; Correction R egister (35 F.R. 7075). The views and gust 22, 1964 (hereinafter referred to as recommendations received pursuant to J une 26, 1970. the Act), provides for limiting the quan­ such notice have been considered within tity of fresh, chilled, or frozen cattle In F.R. Doc. 70-7628 of the June 18, the limits permitted by the Act. It is meat (TSUS 106.10) and fresh, chilled, 1970 issue, the following changes should hereby determined that the referendum or frozen meat of goats and sheep, ex­ be made: will be held at polling places on the date cept lamb (TSUS 106.20), which may be In paragraph 3 under Umatilla County specified above. The purpose of the ref­ imported into the United States in any T. 5 S., R. 31 E., Sec. 21, should read erendum is to determine whether the SWy4NWy4, Wy2SEi/4; and T. 1 N., R. calendar year. Such limitations are to 35 E., Sec. 14, should read Lots 5, 6, 7, 8, farmers voting favor or oppose the estab­ be imposed when it is estimated by the SE^4SEi4. Under acreages, Umatilla lishment of marketing quotas for the Secretary of Agriculture that imports of 3 marketing years beginning July 1, such articles, in the absence of limita­ County should read 6,535.12 acres, and tions during such calendar year, would total should read 12,130.24. 1971, July 1, 1972, and July 1, 1973. equal or exceed 110 percent of the esti­ For; the State Director. The referendum will be conducted in mated quantity of such articles, pre­ accordance with the provisions of the scribed by section 2(a) of the Act. Chester E. Conard, District Manager. Act and the Regulations Governing the In accordance with the requirements [F.R. Doc. 70-8482; Filed, July 2, 1970; Holding of Referenda on Marketing of the Act, the following third quarterly 8:45 a.m.] Quotas (28 F.R. 13249; 29 F.R. 16184; estimates are published: 30 F.R. 2521, 2588, 6144, 14260, 14411; 1. The estimated aggregate quantity 31 F.R. 2413, 4193, 6533, 12011, 14673, of such articles which would, in the DEPARTMENT OF AGRICULTURE 16401) including any amendments made absence of limitations under the Act, be prior to the referendum. imported during calendar year 1970 is Agricultural Stabilization and Signed at Washington, D.C., on July 1, 1,140.0 million pounds. Conservation Service 1970. 2. The estimated quantity of such articles prescribed by section 2(a) of the WHEAT K enneth E. F rick, Act during the calendar year 1970 is Notice of Marketing Quota Referen­ Administrator, Agricultural Sta­ bilization and Conservation 998.8 million pounds. dum for the 1971 Crop Service. éince the estimated quantity of im­ Marketing quotas for the crop of [F.R. Doc. 70-8524; Filed, July 1, 1970; ports exceeds 110 percent of the esti­ wheat to be produced in 1971 have been 9:20 a.m.] mated quantity prescribed by section,

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 NOTICES 10871

2(a) of the Act, limitations for the cal­ Testing Reactor (WTR), located near July 15, 1970, American Airlines, Inc. endar year 1970 on the importation of Waltz Mill in Westmoreland County, Pa. (American), proposes to establish fresh, chilled, or frozen cattle meat By application dated May 21,1970, the “space-available” airfreight service and (TSUS 106.10) and fresh, chilled, or Westinghouse Electric Corp. (WEC), re­ rates in four selected markets.1 frozen meat of goats and sheep (TSUS quested an amendment to Facility Li­ American proposes to offer space-avail­ 106.20), are required to be imposed un­ cense No. TR-2 to remove the process able service, either airport-to-airport or less suspended by the President pursu­ building from the defined WTR facility. door-to-door, after accommodation of ant to section 2(d) of Public Law 88-482. The process building removed from the all other revenue traffic including non­ conditions and requirements of Facility priority mail. Certain additional restric­ Done at Washington, D.C., this 29th License No. TR-2 will remain under the tions would also be imposed.2 The pro­ day of June 1970. control of WEC, and be utilized for non­ posed rates for this service would be 40 Clifford M. H ardin, reactor related activities that are sub­ percent below applicable westbound gen­ Secretary of Agriculture. ject to AEC materials licenses. eral commodity rates plus a fixed $2 per shipment charge for airport-to-airport [F.R. Doc. 70-8575; Piled, July 2, 1970; The Commission has found that .the 8:49 a.m.] application for the amendment complies rates, or area A pickup and delivery with the requirements of the Atomic En­ charges for door-to-door rates. Com­ ergy Act of 1954, as amended (the Act), plaints were filed by United Air Lines, and the Commission’s regulations pub­ Inc. (United), and The Flying Tiger Line, ATOMIC ENERGY COMMISSION lished in 10 CFR, Chapter I. The Com­ Inc. (Flying Tiger). mission has made the findings required In support of its proposal and in [Docket No. 50-334] by the Act and the Commission’s regu­ answer to the complaints, American as­ DUQUESNE LIGHT CO. ET AL. lations which are set forth in the amend­ serts that cargo operations have been ment, and has concluded that the issu­ unprofitable; that its proposal will gen­ Notice of Issuance of Construction ance of the ainendment Will not be inimi­ erate new traffic at little additional cost; Permit cal to the common defense and security that the 4 a.m. departure requirement is or to the health and safety of the public. a reasonable means of assuring that the Notice is hereby given that, pursuant Within thirty (30) days from the date traffic will not move as standard air­ to the initial decision of the Atomic freight and the space-available service Safety and Licensing Board, dated June of publication of the notice in the F ed­ eral R egister, the applicant may file a is not comparable to standard service and 22, 1970, the Director of the Division of request for a hearing and any person their salesmen will be selling a pattern of Reactor Licensing has issued Construc­ whose interest may be affected by this service rather than specific flight-times; tion Permit No. CPPR-75 to Duquesne proceeding may file a petition for leave that they intend that forwarder use of Light Co., Pennslyvania Power Co., and to intervene. Requests for a hearing and the tariff would be pursuant to a for­ Ohio Edison Co., for the construction of a petitions to intervene shall be filed in ac­ warder space-available tariff only; that pressurized water nuclear reactor on a cordance with the Commission’s rules of the proposal would not undercut the 420-acre site located on the south bank practice in 10 CFR Part 2, If a request for rates on international traffic, and it of the Ohio River, about 25 miles north­ a hearing or a petition for leave to inter­ would be willing to exclude all inter­ west of Pittsburgh, and approximately 5 vene is filed within the time prescribed national traffic; and that it has realis­ miles east of East Liverpool, Ohio, in in this notice, the Commission will issue tically estimated the financial impact of Beaver County, Pa. The reactor, desig­ a notice of hearing or an appropriate its proposal. nated as the Beaver Valley Power Sta­ order. Flying Tiger alleges, inter alia, that tion, is designed for initial operation at For further details with respect to this the sharp rate reduction will not pro­ a power level of approximately 2660 ther­ amendment, see (1) the licensee’s appli­ duce substantial traffic for the system mal megawatts. cation dated May 21, 1970, and (2) the and would result in serious traffic diver­ A copy of the initial decision is on file amendment to facility license, which are sion and revenue dilution. In light of the in the Commission’s Public Document available for public inspection at the importance of the subject markets to Room, 1717 H Street NW., Washington, Commission’s Public Document Room at Flying Tiger’s system revenue, the com­ D.C. Copies of Construction Permit No. 1717 H Street NW., Washington, D.C. plainant contends that American’s pro­ CPPR-75 are also on file in the Commis­ Copies of the amendment may be ob­ posal would seriously affect its cargo sion’s Public Document Room or may tained upon request sent to the Atomic operations. United alleges, inter alia, be obtained upon request addressed to Energy Commission, Washington, D.C. that while not conceptually opposed to Director, Division of Reactor Licensing, 20545, Attention: Director, Division of American’s proposal the restrictions im­ U.S. Atomic Energy Commission, Wash­ Reactor Licensing. posed by American do not adequately ington, D.C. 20545. distinguish space-available from stand­ Dated at Bethesda, Md„ this 26th day Dated at Bethesda, Md., this 24th day ard service, that the magnitude of the of June 1970 of June 1970. proposed discount is not required to gen­ For the Atomic Energy Commission. erate additional traffic, and that any dis­ For the Atomic Energy Commission. count for westbound rates is questionable. P eter A. M orris, P eter A. M orris, Director, In considering a previous proposal by Director, American for space-available service and Division of Reactor Licensing. Division of Reactor Licensing. rates, the Board stated that it “does not [P.R. Doc. 70-8498; Filed July 2, 1970; oppose discount pricing * * * however, (F.R. Doc.' 70-8499; Filed, July 2, 1970; 8:47 a.m.] 8:47 a.m.] such discounts must be carefully tailored to the cost and value of service factors involved to achieve sound economic re­ [Docket No. 50-22] sults.” (Order 70-1-149 dated Jan. 29, WESTINGHOUSE ELECTRIC CORP. CIVIL AERONAUTICS BOARD 1970.) While the instant proposal differs in Notice of Issuance of Facility License [Docket No. 22325; Order 70-6-154] many respects from that which the Board Amendment AMERICAN AIRLINES, INC. 1 Dallas-Los Angeles, Dallas-New York, Los The Atomic Energy Commission has is­ Order of Suspension and Angeles-New York, and New York-Los sued, effective as of the date of issuance, Angeles. Investigation 2 Cargo must arrive within specified hours Amendment No. 4 to Facility License No. at origin terminal; air transportation will TR-2. The amendment remove^from the Adopted by the Civil Aeronautics not be performed prior to 4 a.m. of the day conditions and requirements of this li­ Board at its office in Washington, D.C., following receipt; information on, or trac­ cense the process building which is ex­ on the 30th day of June 1970. ing of, shipments will be limited; the mini­ ternal to the reactor containment build- By tariff bearing the posting date of mum charge will be the charge for 500 uig of the deactivated Westinghouse May 28, and marked for effectiveness pounds.

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10872 NOTICES previously suspended, serious questions 4. The proceeding herein be assigned remain as to the lawfulness of this tariff for hearing before an examiner of the DEPARTMENT OF HEALTH, now under consideration. Thus, with a Board at a time and place hereafter to permissible departure time as early as be designated; and 4 a.m. the day following pick-up or ten­ 5. Copies of this order shall be filed EDUCATION, AND WELFARE der, the space-available service may with the tariffs and served upon Ameri­ Food and Drug Administration equal or approximate standard service in can Airlines, Inc., The Flying Tiger Line many instances and meet the needs of a Inc., and United Air Lines, Inc., which [Docket No. FDC-D-112; NDA No. 5960 etc.] substantial segment of the shipping pub­ are hereby made parties to this proceed­ DRUGS CONTAINING RUTIN, QUER­ lic which now uses standard air freight. ing. The discount of 40 percent from the gen­ CETIN, HESPERIDIN, OR ANY eral commodity rates, while not as much This order will be published in the BIOFLAVONOIDS F ederal R egister. as offered some selected specific commod­ Notice of Withdrawal of Approval of ity rates, is a greater discount than pro­ By the Civil Aeronautics Board. vided for numerous specific commodity New-Drug Applications rates and would appear to create a strong [ seal] H arry J. Zin k , On July 10, 1968, there was published incentive for many shippers to shift from Secretary. in the F ederal R egister (33 F.R. 9908) standard to space-available service with­ [F.R. Doc. 70-8508;' Filed, July 2, 1970; a notice of opportunity for hearing in out attendant savings in costs to the car­ 8:48 a.m.] which the Commissioner of Food and rier. Although American would limit the Drugs proposed to issue an order under times at which space-available freight [Docket No. 22169] the provisions of section 505(e) of the could be tendered for shipment and pre­ Federal Food, Drug, and Cosmetic Act clude carriage prior to 4 a.m. the follow­ MEDALLION AIR FREIGHT CORP. (21 U.S.C. 355(e)) withdrawing approval ing day, and the proposal is limited in of new-drug applications listed therein duration and as to the scope of the mar­ Increased Excess Valuation Rate Pro­ on the ground that there is a lack of kets, the Board believes that the threat posal; Notice of Prehearing Confer­ substantial evidence that Rutin, Querce­ of diversion of traffic from standard serv­ ence tin, Hesperidin, or any bioflavonoid has ice and the resulting dilution in yields is the effect which the drugs purport'or are such as to require suspension pending Notice is hereby given that a prehear­ represented to have under the conditions investigation. In this connection, the ing conference in the above-entitled mat­ of use prescribed, recommended, or sug­ Board notes the continued losses in ter is assigned to be held on July 13, gested in the labeling thereof, or that scheduled domestic all-cargo operation, 1970, at 10 a.m., e.d.s.t., in Room 805, such articles alone, or as added compo­ $13.3 million for the year ended Decem­ Universal Building, 1825 Connecticut nents with other drugs, are effective for ber 31, 1969, coupled with apparent low Avenue NW., Washington, D.C., before use in man for any condition. cargo load factors which indicate, at best, Examiner Louis W. Somson. The following firms, listed with their marginal domestic airfreight operations. address, respective drug, and new-drug Upon consideration of all relevant fac­ Dated at Washington, D.C., June 29, application number, have waived op­ tors, the Board finds that the proposed 1970. portunity for a hearing on the proposed space-available tariff may be unjust, un­ [ seal] T homas L. W r enn, withdrawal of said new-drug applica­ reasonable, unjustly discriminatory, un­ Chief Examiner. tions in that they have affirmatively in­ duly preferential, unduly prejudicial, or dicated in writing their intention not to otherwise unlawful, and should be sus­ [F.R. Doc. 70-8507; Filed, July 2, 1970; avail themselves of the opportunity for a pended pending investigation. 8:48 a.m.] hearing. Accordingly, pursuant to the Federal Aviation Act of 1958, and particularly NDA No. Drug name Applicants name and address sections 204(a) and 1002 thereof, It is ordered, That: ¿5960------Rutin tablets______Abbott Laboratories, 14th and Sheridan Rd., North 1. An investigation is instituted to Chicago, 111. 60064. 8936— ------Quertlne (Quercetin, Abbott)______Abbott Laboratories, 14th St. and Sheridan Rd., North determine whether the rates, charges, Chicago, 111. 60600. and provisions in Airline Tariff Pub­ 9074— -----— Maxitate with Rauwolfia Compound R. J. Strasenburgh Co., Division of Wallace and Tieman, tablets. Inc., 755 Jefferson Rd., Rochester, N .Y. 14603. lishers, Inc., agent’s tariff CAB No. 146, 9605------Neo-Semhyten capsules...______S. E. Masse ngill Co., 513-529 Fifth St., Bristol, Tennj and rules, regulations, and practices af­ 37620. 9640...... Rauwolfia Serpentina-Mannitol Hex- Best Pharmaceuticals, 3725 Castor Ave., Philadelphia, Pa: fecting such rates, charges, and provi­ anitrate-Rutin tables. 19124. ’ V sions, are or will be unjust, unreasonable, 9901...... Restolic tablets; Restolic Forte Merck Sharp & Dohme, Division of Merck & Co., Inc.; unjustly discriminatory, unduly prefer­ tablets. West P o in t, P a . 19486. 10000...... Tenserina tablets (Spanish name); Abbott Laboratories, 14th and Sheridan Rd., North ential, unduly prejudicial, or otherwise Tenserine tablets (English name). Chicago, 111. 60964. unlawful, and if found to be unlawful, 10114------Mannitrau tablets______Richlyn Laboratories, 3755 Castor Ave., Philadephia, Pa; 19124. to determine and prescribe the lawful 10572...... Bioresp-C...... Henry K. Wampole & Co., 35 Commerce Rd., Stamford, rates, charges, and provisions, and rules, C onn. 06902. regulations, or practices affecting such 12261------Natorexic tablets...... Walker Laboratories, Inc., Division of Richardson-Merrell, rates, charges, and provisions; 1 Bradford Rd., Mount Vernon, N.Y. 10551. 2. Pending hearing and decision by the Board, the rates, charges, and provisions The Commissioner of Food and Drugs, tions o f use prescribed, recommended, in Airline Tariff Publishers, Inc., agent’s pursuant to the provisions of the Federal or suggested in the labeling thereof. tariff CAB No. 146 are suspended and Food, Drug, and Cosmetic Act (sec. 505 Therefore, pursuant to the foregoing their use deferred to and including (e)), 52 Stat. 1053, as amended; (21 findings, approval of the above new-drug October 12, 1970, unless otherwise or­ U.S.C. 355(e) ), and under the authority applications,. and all amendments and dered by the Board, and that no changes delegated to him (21 CFR 2.120), finds supplements thereto, is withdrawn effec­ that on the basis on new information tive on the date of the signature of this be made therein during the period of before him with respect to each of said suspension except by order or special document. permission of the Board; drugs, evaluated together with the evi­ 3. The complaints of United Air Lines, dence available to him when each ap­ Dated: June24,1970. plication was approved, there is a lack Inc., in Docket 22263 and The Flying C harles C. E dwards, Tiger Line Inc., in Docket 22275, are of substantial evidence that each of the Commissioner of Food and Drugs. hereby dismissed except to the extent drugs will have the effect it purports or [F.R. Doc. 70-8477; Filed, July 2, 1070; granted herein; is represented to have under the condi- 8:45 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 NOTICES 10873 sion, Bessemer Road, Welwyn Garden [D o ck et No. FDC-D-112; NDA No. 6020 etc.] on the ground that there is a lack of sub­ stantial evidence that Rutin, Quercetin, City, Hertfordshire, England, proposing drugs c o n t a in in g r u tin , q u e r ­ Hesperidin, or any bioflavonoid has the that § 121.2566 Antioxidants and/or cetin, HESPERIDIN, OR ANY effect which the drugs purport or are stabilizers for polymers (21 CFR 121.- BIOFLAVONOIDS represented to have under the conditions 2566) be amended to provide for the safe of use prescribed, recommended, or sug­ use of pentaerythritol as a stabilizer in Notice of Withdrawal of Approval of gested in the labeling thereof, or that the manufacture of olefin polymers in­ New-Drug Applications such articles alone, or as added compo­ tended for food-contact use. On July 10, 1968, there was published nents with other drugs, are effective for Dated: June 25, 1970. in the F ederal R egister (33 F.R. 9908) use in man for any condition. The following firms, listed with their R . E . D uggan, a notice of opportunity for hearing in Acting Associate Commissioner which the Commissioner of Food and address, respective drug, and new-drug for Compliance. Drugs proposed to issue an order under application number, have waived oppor­ the provisions of section 505(e) of the tunity for a hearing on the proposed [F.R. Doc. 70-8476; Filed, July 2, 1970; Federal Food, Drug, and Cosmetic Act withdrawal of said new-drug applica­ 8:45 a.m.] (21 U.S.C. 355(e)) withdrawing approval tions, in that no response has been of new-drug applications listed therein received. WHITMOYER LABORATORIES, INC. Applicants name and address Notice of Withdrawal of Petition for N DA No. D rug nam e Food Additives Rutin tablets: Rutorbin tablets.. E R Squibb & Sons, Division Olin Mathieson Chemical 6020. C o rp ., 745 F ifth A v e., N ew Y o rk , N .Y . 10022. Pursuant td* provisions of the Federal T h e M altine C o.. 745 F ifth A ve., N ew Y o rk , N .Y . 10022. 6070 ...... Rutin tablets------Brayten Pharmaceutical Co., 1715 West 38th St., Chatta- Food, Drug, and Cosmetic Act (sec. 6158...... Theoglycinate with Rutin and Phéno­ 409(b), 72 Stat. 1785; 21 U.S.C. 348(b)), barbital. , * 6291...... Glytheonate with Rutin and Phéno­ The if aL / Patch Co., now Smith, Miller & Patch, Inc., 902 the following notice is issued: barbital. B ro ad w ay , N ew Y o rk , N .Y . 10010. 6333...... Synophylate tablets...... - The Central Pharmacal Co., 116-128 East Third St., Sey­ In accordance with § 121.52 With­ m o u r, In d . 47274. . ancn drawal of petitions without prejudice of Lemmon Pharmacal, Temple Ave., Sellersville, Pa. 18960. 8369...... Vir-I-Phyl...... - - - - —— ------the procedural food additive regulations 9118...... Raufia Encote tablets; Neo-Vir-I-Tin D o. Encote tablets. (21 CFR 121.52), Whitmoyer Labora­ 9123...... Loten tablets...... Lloyd,' Dabney & Westerfleld, Inc., 3941 Brotherton Rd., tories, Inc., 19 North Railroad Street, 9255...... Wolftnex...... C in c in n ati, O hio 45209. i qaaa Myerstown, Pa. 17067, has withdrawn its L em m on P h arm a cal, T em p le A ve., Sellersville, P a . 18960. 9455...... Ruserp-O...... ----- petition (FAP OH2492), notice of which 9555...... Rauhexide tablets...... — K -V P h arm a cal C o., 2503 S outh H anley R d ., S t. Louis, Mo. 63144 was published in the F ederal R egister L em m on P h arm a cal, T e m p le A ve., Sellersville, P a . 18960. 9557...... Ruhexatal with Reserpine...... of January 17, 1970 (35 F.R. 641), pro­ 9684...... Neo-Rauja tablets— ...... Table Rock Laboratories, Inc., 812 Hampton Ave., Green­ ville, S .C . 29601. „ . , XT „ posing that § 121.2547 Sanitizing solu­ 9685...... Rauwolfla Serpentina-Mannitol Hex- R o b in P h arm a cal C o., 57 H ope S t., B rooklyn, N .Y . 11211 tions (21 CFR 121.2547) be amended to anitrate-Rutin-Veratrum Viride provide for the safe use of an aqueous tab lets. 9914...... Raumannite-50 tablets...... Nysco Laboratories,Inc., 34-24 Vernon Blvd., Long Island solution containing iodine and alkyl The^Paul Plessncr Co., 635 30th Ave. North, Post Office (Cu-Cis) monoether of mixed (ethylene- 10046...... C apilon ta b lets------B ox 7087, S t. P etersb u rg , F la. 33734. _ propylene) poly alky lene glycol as a san­ Grove Laboratories, Subsidiary of Bristol-Myers, 8420 10063...... Citroid capsules...------itizing solution on food-processing D elm ar B lv d ., P o st Office B ox 7300, S t. L ouis, Mo. 63177. 10130...... Rauman tablets ...... — Direct Laboratories, Inc., 377 Genesee St., Post Office Box equipment and utensils. 708, B uffalo, N .Y . 14240. . 10136...... Rautenal tablets^.------Physicians Drug & Supply Co., 1458 Chestnut Ave., Dated: June 26,1970. H illside, N .J. 07205. „ ' „ . 10232...... Flavoserp...... The Blue Line Chemical Co., 302 South Broadway, St; R . E. D uggan, L ouis, Mo. 63102. , ' Acting Associate Commissioner 10310...... P re v o id s...... Rhodes Pharmacal Co., Inc., 41 East Oak St., Chicago, 111; 60611. „ - _ _.> for Compliance. O rganon, In c ., 375 M ount P lea sa n t A ve., W est O range, N . J; 10816...... A d restat...... [F.R. Doc. 70-8475; Filed, July 2, 1970; 11050 ...... B io serc en ...... The Central Pharmacal Co., 116-128 East Third St.,. 8:45 a.m.] Seym our, In d . 47274. 11051 ...... Citroid compound.. Grove Laboratories, Subsidiary of Bristol-Myers, 8420 -D e lm a r B lv d ., P o st Office B ox 7300, S t. L ouis, Mo. 63177. 11052 ...... do...... D o. 1 1 1 8 6 ...... C itroid, J r ...... D o . . 11214...... Super Anapac cough syrup. . Rexall Drug & Chemical Co., 8480 Beverly Blvd., Los FEDERAL COMMUNICATIONS A ngeles, Calif. 90054. 11249...... Serbio capsules...... M etro M ed. In c ., 2510 S outh B lv d ., H ou sto n , T ex. 77006. 11957...... Dactil-OB..'...... Lakeside Laboratories, Division of Colgate-Palmolive Co., 1707 E a st N o rth A ve., M ilw aukee, Wls. 53201, COMMISSION [Docket No. 18875] The Commissioner of Food and Drugs, fective on the date of the signature of LICENSING OF FACILITIES FOR this document. pursuant to the provisions of the Fed­ OVERSEAS COMMUNICATIONS eral Food, Drug, and Cosmetic Act (sec. Dated: June 24,1970. 505(e), 52 Stat. 1053, as amended; 21 Notice of Inquiry; Correction U.S.C. 355(e) ), and under the authority Charles C. E dwards, delegated to him (21 CFR 2.120), finds Commissioner of Food and Drugs. June 24,1970. that on the basis of new information be­ [F.R. Doc. 70-8478; Filed, July 2, 1970; In the Commission’s notice of inquiry fore him with respect to each of said 8:45 a.m.] adopted June 10, 1970, released June 16, drugs, evaluated together with the evi­ 1970, and published in the F ederal R eg­ dence available to him when each appli­ ister on June 20, 1970, 35 F.R. 10168, cation was approved, there is a lack of IMPERIAL CHEMICAL INDUSTRIES LTD. FCC 70-620, the following change should substantial evidence that each of the Notice of Filing of Petition for Food be noted: drugs will have the effect it purports or Both paragraphs under “J. Policy rec­ is represented to have under the condi­ Additives ommendations” are deleted and the fol­ tions of use prescribed, recommended, or Pursuant to provisions of the Federal lowing paragraph substituted: suggested in the labeling thereof. Food, Drug, and Cosmetic Act (sec. 409 On the basis of thé above considerations, Therefore, pursuant to the foregoing (b)(5), 72 Stat. 1786; 21 U.S.C. 348(b) and such others as may be relevant, indi­ findings, approval of the above new-drug (5) ), notice is given that a petition (FAP cate in detail the nature of the policy which applications, and all amendments and OB2559) has been filed by Imperial the Commission, in your opinion, should supplements thereto, is withdrawn ef- Chemical Industries Ltd., Plastics Divi­ adopt to govern licensing of overseas media

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10874 NOTICES in the next decade, and the specific manner munications as specified in § 87.257 of in which such policy should be implemented, a motion to enlarge issues, both filed e.g., the specific facilities (such as cable, the Commission’s rules. May 7,1970, by Grand Canyon Television satellite, etc., or a mix thereof) which should (6) Proposed radio system including Co., Inc. (Grand Canyon), permittee of be used during the next decade in each ocean control and dispatch points; and television broadcast Station KOAI-TV basin—Atlantic, Pacific, Caribbean, the tim­ (7) The availability of the radio facil­ Channel 2, Flagstaff, Ariz.1 By Order ing of additions, the effect on existing facili­ ities to other fixed-base operators. FCC 70M-749, released May 27, 1970, the ties, the use to be made of such facilities. (b) To determine if Exec Air, Inc., has hearing examiner certified to the Review Explain reasoning in full, and to the extent operated a Unicom radio transmitter to Board the Grand Canyon: petition for not indicated elsewhere in comments, show communicate with aircraft at Rosecrans in detail the investment and operating costs leave to intervene for such action as it of such configuration and changes therein Memorial Airport, St. Joseph, Mo., with­ deems proper in connection with its rul­ (including average cost per circuit, with out authorization from the Commission ing on Grand Canyon’s motion to enlarge associated facilities—see D above), as well in violation of section 301 of the Com­ issues. Both requests relate to the same as the effect on charges for services provided munications Act and the Commission’s allegations; therefore, they will be con­ to the public. Show how such a policy would rules. sidered together in this document. encourage the expansion of present services (c) To determine in light of the evi­ 2. Grand Canyon states that it is at­ and the introduction of new services. dence adduced on the foregoing issues tempting to participate in this proceed­ F ederal Communications whiclr, if either, of the applications ing for the purpose of opposing Pres­ Com m ission, should be granted. cott’s application for a TV translator [seal] B en F. W aple, 3. It is further ordered, That the bur­ on Channel 2. Grand Canyon claims that Secretary. den of proceeding with the introduction Prescott, Ariz., lies within the grade B of evidence on issue (b) is placed on St. [F.R. Doc, 70-8500; Piled, July 2, 1970; contour of Station KOAI-TV and that 8:47 a.m.] Joseph Flying Service, Inc.; and the bur­ operation of Prescott T.V.’s proposed den of proceeding with the introduction translator will cause objectionable in­ of evidence on items (1) through (7) terference to Station KOAI-TV’s signal [Dockets Nos. 18886, 18887; PCC 70-654] under issue (a), and issue (c), which is in violation of § 74.703 of the Commis­ conclusory, is placed on St. Joseph Fly­ EXEC AIR, INC., AND ST. JOSEPH sion’s rules. Section 74.703, in effect, pro­ ing Service, Inc., and Exec Air, Inc., hibits the authorization of a VHF trans­ FLYING SERVICE, INC. insofar as the issues pertain to each of lator if it is apparent that interference Order Designating Applications for the parties. will result to the direct reception of an 4. It is further ordered, That, to avail Consolidated Hearing on Stated authorized television broadcast station themselves of an opportunity to be heard, operating on the same or an adjacent Issues Exec Air, Inc., and St. Joseph Flying channel.2 The Broadcast Bureau, in its In regard applications of Exec Air, Service, Inc., pursuant to § 1.221(c) of comments, supports Grand Canyon’s re­ Inc., St. Joseph, Mo., Docket No. 18886, the Commission’s rules, in person or by quests. In our opinion, Grand Canyon File No. 102-A-L-99; St, Joseph Flying attorney, shall within 20 days of the has shown good cause for the late filing Service, Inc., St. Joseph, Mo., Docket No. mailing of this order, file with the Com­ of its requests3 and has made an ade­ 18887, File No. 208-A-Ir-79; for aero­ mission, in triplicate, a written appear­ quate showing on the merits of its en­ nautical advisory station to serve the ance stating an intention to appear on largement motion. The fact that KOAI- Rosecrans Memorial Airport, St. Joseph, the date set for hearing and present evi­ TV will place a predicted grade B signal Mo. dence on the issues specified in this order. over the city of Prescott does not conclu­ 1. The Commission’s rules (§ 87.251 Failure to file a written appearance sively establish that Prescott T.V.’s-pro­ (a)) provide that only one aeronautical within the time specified may result in posed translator will cause objectionable advisory station may be authorized to dismissal of the application with interference to Grand Canyon’s station operate at a landing area. The above- prejudice. warranting denial of the translator ap­ captioned applications both seek Com­ Adopted: June 24, 1970. plication; however, this fact does consti­ mission authority to operate an aeronau­ tute a prima facie showing that inter­ tical advisory station at the Rosecrans Released: June 29, 1970. ference would be caused, cf. Southern Airport, St. Joseph, Mo., and, therefore, F ederal Communications Minnesota Broadcasting Co., FCC 63- are mutually exclusive. Accordingly, it is Com m ission, 590, 25 RR 744, and warrants enlarge­ necessary to designate the applications [seal] B en F . W aple, ment of the issues. Appropriate issues for hearing. Except for the issues speci­ Secretary. will therefore be specified. Since the fied herein each applicant is otherwise [F.R. Doc. 70-8501; Filed, July 2, 1970; added issues concern interference to qualified. 8:47 a.m.] Grand Canyon’s television station, the 2. In view of the foregoing: It is or­ petition to intervene will also be granted. dered, That pursuant to the provisions of [Docket Nos. 18817, 18818; FCC 70R-213] section 309(e) of the Communications 1 Separate comments on both requests were Act'of 1934, as amended, that the above- PRESCOTT T.V. BOOSTER CLUB, INC. filed by the Broadcast Bureau on May 20, captioned applications are hereby desig­ 1970. nated for hearing in a consolidated pro­ Memorandum Opinion and Order 2 Section 74.703(a) provides that an a p p li­ ceeding at a time and place to be Enlarging Issues cation for a new television broadcast tr a n s l a ­ specified in a subsequent order on the tor station “will not be granted where it is following issues: In regard applications of Prescott T.V. apparent that interference will be c a u se d .” (&.> To determine which applicant Booster Club, Inc., Prescott, Ariz., Docket Section 74.703(b) requires the licensee of a No. 18817, File No. BPTTV-3306, for con, VHF translator “to correct * * * any c o n d i­ would provide the public with better tion of interference to the direct re c e p tio n aeronautical advisory service based on struction permit for new television of the signals of a television broadcast sta­ the following considerations: broadcast translator station; Prescott tion operating on the same channel a s th a t (1) Location of the fixed-base opera­ T.V. Booster Club, Inc. (K06AE), Pres­ used by the VHF translator * * *, w h ich tion and proposed radio station in rela­ cott, Ariz., Docket No. 18818, File No. occurs as a result of the operation o f th e tion to the landing area and traffic pat­ BPTTV-3685, for construction permit. translator.” Part (b) further provides th a t interference occurs when “reception o f a terns; 1. The above-captioned TV translator regularly used signal is impaired * * *, re­ (2) Hours of operation; applications of Prescott T.V. Booster gardless of the quality of such r e c e p tio n or (3) Personnel available to provide ad­ Club, Inc. (Prescott T.V.), Prescott, the strength of the signal so used.” If in ­ visory service; Ariz., were designated for hearing on terference cannot be eliminated, operation of (4) Experience of applicant and em­ various issues by Commission Order, FCC the translator must be suspended. S e c tio n ployees in aviation and aviation com­ 70-285, 22 FCC 2d 195, released March 74.703(b). munications; 26, 1970, 35 FR 5502, published April 2, * The requests were filed less than 2 weeks' late, they are unopposed, and Grand Can­ (5) Ability to provide information per­ 1970. Presently before the Review Board yon acted as expeditiously as possible under taining to primary and secondary com­ are a petition for leave to intervene and the circumstances.

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 NOTICES 10875

Virginia Broadcasters, 18 FCC 2d 92, 16 As required by section 3(b) of the Act, ing the date of this order or (b) later RR 2d 381 (1969). _ ■. the Board gave written notice of receipt than 3 months after the date of this 3 Accordingly, it is ordered, That the of the application to the Comptroller of order, unless such time be extended for petition for leave to intervene, filed the Currency and requested his views good cause by the Board, or by the May 7, 1970, by Grand Canyon Televi­ and recommendation. The Comptroller Federal Reserve Bank of Cleveland pur­ sion Co., Inc., is granted; that the motion recommended approval of the applica­ suant to delegated authority. to enlarge issues, filed May 7, 1970, by tion. By order of the Board of Governors,1 Grand Canyon Television Co., Inc., is Notice of receipt of the application was June 26,1970. granted; and that the issues in this pro­ published in the F ederal R egister on April 29, 1970 (35 F.R. 6770), providing [seal] K enneth A. K enyon, ceeding are enlarged, as follows: Deputy Secretary. To determine whether the operation of the an opportunity for interested persons to translator station proposed to operate on submit comments and views with respect [F.R. Doc. 70-8493; Filed, July 2, 1970;' Channel 2 would cause objectionable co­ to the proposal. A copy of the applica­ 8:46 a.m.[ channel interference w ithin th e meaning of tion was forwarded to the U.S. Depart­ § 74.703 of the Commission’s rules to televi­ ment of Justice for its consideration. sion Station KOAI-TV, Channel 2, Flagstaff, Time for filing comments aiid views has Ariz. expired and all those received have been INTERAGENCY TEXTILE In the event that it is determined pur­ considered by the Board. suant to the foregoing issue that objec­ The Board has considered the appli­ ADMINISTRATIVE COMMITTEE tionable interference would be caused by cation in the light of the factors set the translator, to determine the extent, if forth in section 3(c) of the Act, including CERTAIN COTTON TEXTILES AND COT­ any, to which such interference can be the effect of the proposed acquisition on TON TEXTILE PRODUCTS PRODUCED reduced or eliminated. competition, the financial and manage­ OR MANUFACTURED IN COLOMBIA 4. It is further ordered, That Grand rial resources and future prospects of the Canyon Television Co., Inc., is made a Applicant and the banks concerned, and Entry or Withdrawal From the convenience and needs of the com­ Warehouse for Consumption party to this proceeding; and munities to be served. Upon such con­ 5. It is further ordered, That the bur­ June 30,1970. dens of proceeding with the introduc­ sideration, the Board finds that: Applicant is the ninth largest banking On September 18, 1968, the U.S. Gov­ tion of evidence and of proof under the ernment, in furtherance of the objec­ issues added herein are upon Prescott organization in Ohio, controlling five banks with deposits of $530 million. (All tives of, and under the terms of, the T.V. Booster Club, Inc. banking data are as of Dec. 31, 1969, Long-Term Arrangement Regarding In­ Adopted: June 16,1970. adjusted to reflect holding company for­ ternational Trade in Cotton Textiles Released: June 18, 1970. mations and acquisitions approved by the done at Geneva on February 9, 1962, Board to date.) Acquisition of Peoples concluded a new comprehensive bilateral F ederal Communications National (deposits $37 million) would cotton textile agreement with the Gov­ Commission,* result in Applicant becoming the eighth ernment of Colombia concerning exports [seal] B en F. W aple, largest banking organization in the of cotton textiles and cotton textile Secretary. State; it would control less than 3 per­ products from Colombia to the United [F.R. Doc. 70-8502; Filed, July 2, 1970; cent of bank deposits in Ohio. States over a 3-year period beginning on 8:47 a.m.] Peoples National is slightly more than July 1, 1968 and extending through one-half as large as the only other bank June 30, 1971. Among the provisions of headquartered in Dover, and is the sec­ the agreement are those establishing an ond largest of eight banks in Tuscarawas aggregate limit for the 64 Categories; FEDERAL RESERVE SYSTEM County (population 80,000) . Applicant’s within the aggregate limit, group limits closest subsidiaries are located in the on Categories 1-4, 5-27, and 28-64 ; and FIRST BANC GROUP OF OHIO, INC. adjoining counties of Coshocton and within both of the aforesaid limits, spe­ Guernsey, and their nearest offices are cific limits on certain categories for Order Approving Acquisition of Bank the third agreement year beginning on Stock by Bank Holding Company located 10-20 miles from any office of Peoples National. The area intervening July 1, 1970. The categories with specific In the matter of the application of Peoples National and the present sub­ limits are Categories 5/6, 9, 16, 19; 22, First Banc Group of Ohio, Inc., Colum­ sidiaries is largely undeveloped, and no and 26, with a sublimit on duck fabric bus, Ohio, for approval of acquisition of significant competition would be elimi­ (part of Category 26). voting shares of the successor by merger nated by consummation of the proposal. The agreement also contains a provi­ to The Peoples National Bank and Trust Based upon the foregoing, the Board sion covering overshipments of cotton Co., Dover, Ohio. concludes that consummation of the pro­ textiles from Colombia which occurred There has come before the Board of posed acquisition would not have an ad­ during the period beginning on July 1, Governors, pursuant to section 3(a)(3) verse jeffect on competition in any 1967, and which were exported to the of the Bank Holding Company Act of relevant area. The banking factors, as United States through September 30, 1956 (12 U.S.C. 1842(a) (3)) and § 222.3 applied to the facts of record, lend some 1967. This provision provides that these (a) of Federal Reserve Regulation Y weight toward approval of the applica­ overshipments are to be charged against (12 CFR 222.3(a)), the application of tion, in the light of Applicant’s expressed the aggregate, applicable group, and spe­ First Banc Group of Ohio, Inc., Colum­ intention to augment the capital of cific limits during each of the 3 agree­ bus, Ohio (Applicant), a registered bank Peoples National. Consummation of the ment years. Implementing this provi­ holding company, for the Board’s prior proposal would also enable Peoples Na­ sion for the third agreement year results approval of the acquisition of 100 per­ tional to offer a broader array of special­ in the adjusted levels of restraint set cent (less directors’ qualifying shares) ized loan, trust, municipal financing, forth in the letter. of the voting shares of a new national and computer services, and these consid­ Accordingly, there is published below a bank into which would be merged The erations lend additional weight in favor letter of June 29, 1970, from the Chair­ Peoples National Bank and Trust Co., of approval. It is the Board’s judgment man of the President’s Cabinet Textile Dover, Ohio (Peoples National). The new that the proposed transaction would be Advisory Committee to the Commis­ national bank has significance only as in the public interest, aiid that the sioner of Customs, directing that the a means of acquiring all of the shares application should be approved. amounts of cotton textiles in Categories of the bank to be merged into it; the It is hereby ordered, For the reasons 1 through 27, produced or manufactured Proposal is therefore treated herein as set forth in the findings summarized a proposal to acquire shares of Peoples National. above, that said application be and here­ i Voting for this action: Chairman Burns by is approved: Provided, That the action and Governors Robertson, Mitchell. Maisel, so approved shall not be consummated Brimmer, and Sherrill. Absent and not 1 Review Board member PincocK absent. (a) before the 30th calendar day follow­ voting: Governor Daane.

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 No. 129------7 10876 NOTICES

In Colombia, which may be entered or July 1, 1970, shall, to the extent of any un ­ nondiversified management investment withdrawn from warehouse for con­ filled balances be charged against the level company under the Investment Company sumption in the United States for the of restraint established for such goods for Act of 1940 (Act), has filed an applica­ 12-month period beginning July 1, 1970, the 12-month period beginning July 1, 1969, and extending through June 30, 1970. In the tion pursuant to section 8(f) of the Act and extending through June 30, 1971, be event that the level of restraint for the 12- for an order declaring that Applicant has limited to the designated adjusted levels. m onth period ending June 30, 1970, has been ceased to be an investment company as The letter does not establish controls on exhausted by previous entries, such goods defined in the Act. All interested persons Categories 28-64, but notes that such shall be subject to the directives set forth are referred to the application on file controls may be established during the in this letter. with the Commission for a statement of present agreement year, i.e., the 12- The levels of restraint set forth above are the representations contained therein month period beginning July 1, 1970. subject to adjustment pursuant to the pro­ which are summarized below. The letter published below and the ac­ visions of the bilateral agreement of Sep­ tember 18, 1968, between the Governments Applicant was incorporated on Sep­ tions pursuant thereto are not designed of the United States and Colombia which tember 20,1962, and is licensed to operate to implement all of the provisions of the provides in part that within the aggregate as a small business investment company bilateral agreement, but are designed to and applicable group limits, limits on certain assist only in the implementation of categories may be exceeded by not more than under the provisions of the Small Busi­ certain of its provisions. 5 percent; and for administrative arrange­ ness Investment Act of 1958 as amended. ments. Any appropriate adjustments pursu­ On December 13, 1968, Applicant regis­ S t a n l e y N e h m e r , ant to the provisions of the bilateral agree­ tered as an investment company under Chairman, Interagency Textile ment referred to above, will be made to you the Act because its Board of Directors Administrative Committee, by letter from the Chairman of the Inter­ anticipated that Applicant could qualify and Deputy Assistant Secre­ agency Textile Administrative Committee. to elect to be taxed as a regulated invest­ tary for Resources. The bilateral agreement of September 18, ment company pursuant to section 851 1968, also provides a group lim it on Cate­ Secretary op Commerce of the Internal Revenue Code of 1954 by gories 28-64. Import controls on these cate­ diversifying its investments which then president’s cabinet textile advisory gories at an overall level of 661,500 square COMMITTEE yards equivalent may be established during were not sufficiently diversified to enable the current agreement year. In such an event Applicant to qualify and elect to be taxed Commissioner op Customs, you will be advised in a further directive under section 851 of the Code. It was also Department of the Treasury, from the Chairman of the Intergency Textile anticipated that legislation then pending Washington, D.C. 20226. Administrative Committee. in Congress to liberalize the diversifica­ June 29, 1970. A detailed description of the categories in tion for small business investment com­ Dear Mr. Commissioner: Under the terms terms of T.S.U.S.A. numbers was published in panies electing to be taxed as regulated of the Long-Term Arrangement Regarding the Federal Register on January 17, 1968 International Trade in Cotton Textiles done (33 F.R. 582), and amendments thereto on investment companies would be enacted, at Geneva on February 9, 1962, pursuant to March 15, 1968 (33 F.R. 4600). further facilitating Applicant’s ability to the bilateral cotton textile agreement of Sep­ In carrying out the above directions, entry qualify for the tax treatment afforded by tember 18, 1968, between the Governments into the United States for consumption shall section 851 of the Code. Applicant has of the United States and Colombia, and in be construed to include entry for consump­ been unable to accomplish the antici­ accordance with Executive Order 11052 of tion into the Commonwealth of Puerto Rico. pated diversification of its investments, September 28, 1962, as amended by Execu­ The actions taken with respect to the and the aforementioned pending legisla­ tive Order 11214 of April 7, 1965, you are Government of Colombia and with respect to tion was not enacted. Applicant under directed to prohibit, effective as soon as imports of cotton textiles and cotton textile present circumstances cannot qualify possible, and for the 12-month period be­ products from Colombia have been deter­ ginning July 1, 1970, and extending through and elect to be taxed under section 851 mined by the President’s Cabinet Textile of the Code. June 30, 1971, entry into the United States Advisory Committee to involve foreign affairs for consumption and withdrawal from ware­ functions to the United States. Therefore, At a meeting held on September 23, house for consumption of cotton textiles in the directions to the Commissioner of Cus­ 1969, the Board of Directors of Applicant Categories 1 through 27 produced or manu­ toms, being necessary to the implementation authorized the execution and filing of factured in Colombia, in excess of the ad­ of such actions, fall within the foreign affairs an application for an order of the Com­ justed levels of restraint set forth below. exception to the notice provisions of 5 U.S.C. mission declaring that Applicant has The combined adjusted level of restraint 553 (Supp. IV, 1965-68). This letter will be ceased to be an investment company, and for Categories 1 through 4 shall be 3,462,733 published in the Federal Register. pounds. the shareholders authorized the execu­ Sincerely, tion and filing of the application at a The overall adjusted level of restraint for Maurice H. Stans, Categories 5 through 27 shall be 18,077,623 Secretary of Commerce, Chairman, meeting held on June 23, 1970. square yards. President’s Cabinet Textile Ad­ Applicant represents that at the time Within the overall adjusted level of re­ visory Committee. of filing its notification of registration straint for Categories 5 through 27, the fol­ under the Act, it had less than 100 share­ lowing adjusted specific levels of restraint [F.R-. Doc. 79-8535; Filed, July 2, 1970; shall apply: 8:'49 a.m.] holders, and there are now only 30 share­ Adjusted 12-month holders. Applicant states that it has not Category level of restraint made any public offering of its securities 5/6------1,984,500 square yards of which and does not have a present intention to not more than 330,750 square SECURITIES AND EXCHANGE make such an offering.. yards shall be in Category 6. Section 3(c)(1) of the Act excludes 9------3,471,710 square yards. from the definition of an investment 16------992,250 square yards. COMMISSION company any issuer whose outstanding 19------1,102,500 square yards. [811-1781] 22------6,037,354 square yards. securities are beneficially owned by not 26------3,583,216 square yards of which CAPITAL INVESTMENT COMPANY OF more than 100 persons and which is not not more than 521,489 square making and does not presently propose yards shall be in duck fabric.1 WASHINGTON to make a public offering of its securities. 1 Only T.S.U.S.A. Nos.: Notice of Filing of Application for Section 8(f) of the Act provides that 320— 01 through 04, 06, 08 Order Declaring Company Has when the Commission, upon application, 321— 01 through 04, 06, 08 finds a registered investment company 322.—01 through 04, 06, 08 Ceased To Be an Investment has ceased to be an investment company, 326— 01 through 04,06, 08 Company it shall so declare by order, which may 327. __01 through 04, 06, 08 „ J u n e 26, 1970. be made upon appropriate conditions 328. —01 through 04,06, 08 Notice is hereby given that Capital necessary for the protection of investors, In carrying out this directive, entries of Investment Company of Washington and upon the taking effect of such order, cotton textiles and cotton textile products in (Applicant), 1001 Connecticut Avenue the registration of such company shall the above categories, produced or manufac­ NW., Washington, D.C. 20036, incorpo­ cease to be in effect. tured in Colombia, which have been exported rated under the laws of the District of to the United States from Colombia prior to Notice is further given that any inter­ Columbia and registered as a closed-end, ested person may, not later than July IT.

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 NOTICES 10877

1970, at 5:30 p.m., submit to the Commis­ the investigation, provided the request is unground, or pellets, in carloads, as de­ sion in writing a request for a hearing filed with the Secretary of the Tariff scribed in the application, between Commission within 10 days after this points in southwestern territory, includ­ on the matter accompanied by a state­ ing Mississippi River crossings Mem­ ment as to the nature of his interest, notice is published in the F ederal R egister. phis, Tenn., and south; also between the reason for such request and the issues points in southwestern territory, on the of fact or law proposed to be contro­ Inasmuch as the petition contains con­ fidential business information, copies are one hand, and points in Illinois and west­ verted, or he may request that he be ern trunk line territories, on the other. notified ii the Commission shall order a not available for examination. Grounds for relief—Competition with hearing thereon. Any such communica­ Issued: June 30,1970. tion should be addressed: Secretary, related commodities. Securities and Exchange Commission, By order of the Commission. Tariff—Supplement 49 to Southwest­ Washington, D.C. 20549. A copy of such [seal] K enneth R. M ason, ern Freight Bureau, agent, tariff ICC request shall be served personally or by Secretary. 4757. mail (airmail if the person being served FSA No. 41986—Superphosphate from is located more than 500 miles from the -[F.R. Doc. 70-8505; Filed, July 2, 1970; Occidental, Fla. Filed by O. W. South, point of mailing) upon the company 8:47 a.m.] Jr., agent (No. A6178), for interested at the address set forth above. Proof of rail carriers. Rates on superphosphate, such service (by affidavit or in case of an not defluorinated superphosphate, nor attorney-at-law by certificate) shall be feed grade superphosphate, in carloads, filed contemporaneously with the request. INTERSTATE COMMERCE as described in the application, subject At any time after said date, as provided to volume minimum of 500,000 pounds by Rule 0-5 of the rules and regulations COMMISSION per shipment, from Occidental, Fla., to under the Act, an order disposing of the FOURTH SECTION APPLICATION FOR Meredosia, HI. matter may be issued by the Commission RELIEF Grounds for relief—Market competi­ upon the basis of the information stated tion. in this notice, unless an order for hear­ J u n e 29,1970. Tariff—Supplement 56 to Southern ing upon this matter shall be issued upon Protests to the granting of an appli­ request or upon the Commission’s own Freight Association, agent, tariff ICC cation must be prepared in accordance S-818. motion. Persons who request a hearing with Rule 1100.40 of the general rules or advice as to whether a hearing is of practice (49 CFR 1100.40) and filed FSA No. 41987—Class and commodity ordered will receive notice of further within 15 days from the date of publi­ rates from and to Commerce Park, Fla. developments in this matter, including Filed by O. W. South Jr., agent (No. cation of this notice in the F ederal A6179), for interested rail carriers. Rates the date of the hearing (if ordered) and R egister. any postponements thereof. on property moving on class and com­ For the Commission, by the Division L ong- and-S hort H aul modity rates, between Commerce Park, of Corporate Regulation, pursuant to FSA No. 41984—Liquid chlorine to Fla., on the one hand, and points in the delegated authority. Petersburg, Va. Filed by Traffic Ex­ United States and Canada, on the other. [seal] Orval L. D u B o is, ecutive Association-Eastern Railroads, Grounds for relief—New station and Secretary. agent (E. R. No. 2978), for interested grouping. [F.R. Doc. 70-8506; Filed, July 2, 1970; rail carriers. Rates on chlorine, liquid, By the Commission. 8:48 a.m.] in tank carloads, as described in the ap­ plication, from Reybold, Del., and speci­ H . N eil G arson, fied points in Michigan, New York, Secretary. Ohio, and West Virginia, to Petersburg, [F.R. Doc. 70-8511; Filed, July 2, 1970; TARIFF COMMISSION Va. 8:48 a.m.] Grounds for relief—Market competi­ [TEA—F—11] tion. [Notice 105] ION CAPACITOR CORP. Tariffs—Supplement 45 to Traffic Ex­ ecutive Association-Eastern Railroads, MOTOR CARRIER TEMPORARY Petition for Determination of Eligi­ agent, tariff ICC C-766, and three other AUTHORITY APPLICATIONS bility To Apply for Adjustment schedules named in the application. J une 29,1970. Assistance; Notice of Investigation By the Commission. The following are notices of filing of Upon petition under section 301(a) (2) [seal] H . N eil G arson, applications for temporary authority of the Trade Expansion Act of 1962, filed Secretary. under section 210a(a) of the Interstate by the Ion Capacitor Corp., Radio Road, Commerce Act provided for under the Columbia City, Ind. 46725, the U.S. Tariff [F.R. Doc. 70-8510; Filed, July 2, 1970; 8:48 a.m.] new rules of Ex Parte No. MC-67 (49 Commission, on June 29, 1970, instituted CFR Part 1131) published in the F ederal an investigation under section 301(c) (1) R egister, issue of April 27, 1965, effec­ of the said Act to determine whether, FOURTH SECTION APPLICATIONS tive July 1,1965. These rules provide that as a result in major part of concessions protests to the granting of an application granted under trade agreements, certain FOR RELIEF must be filed with the field official named electrolytic capacitors, like or directly J une 30, 1970. in the F ederal R egister publication, competitive with articles produced by the Protests to the granting of an applica­ within 15 calendar days after the date aforementioned firm, are being imported tion must be prepared in accordance of notice of the filing of the application into the United States in such increased with Rule 1100.40 of the general rules is published in the F ederal R egister. One quantities as to cause, or threaten to of practice (49 CFR 1100.40) and filed copy of such protests must be served on cause, serious injury to such firm. within 15 days from the date of publica­ the applicant, or its authorized repre­ The imported articles to which this tion of this notice in the F ederal sentative, if any, and the protests must investigation relates consist of electro­ R egister. certify that such service has been made. lytic capacitors which are currently The protests must be specific as to the dutiable under item 685.80 of the Tariff Long- and-S hort H aul service which such protestant can and Schedules of the United States at the FSA No. 41985—Sunflower seed hulls will offer, and must consist of a signed rate of 11 percent ad valorem. between points in southwestern Illinois original and six copies. Petitioner has not requested a public and western trunkline territories. Filed A copy of the application is on file, nearing, a hearing will be held on by Southwestern Freight Bureau, agent and can be examined at the Office of the request of any other party showing a (No. B-168), for interested rail carriers. Secretary, Interstate Commerce Com­ Proper interest in the subject matter of Rates on sunflower seed hulls, ground, mission, Washington, D.C., and also in

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10878 NOTICES

field office to which protests are to be ville”. A portion of the above described days. Supporting shipper: Great Mark- transmitted. route was inadvertently omitted in the western Packing Co., Hillsdale, Mich. M otor Carriers of P roperty previous publication. The rest of Send protests to: Harold Jolliff, District the application remains as previously Supervisor, Interstate Commerce Com­ No. MC 28060 CSub-No. 16 TA), filed published. mission, Bureau of Operations, Room June 22, 1970. Applicant: WILLERS, No. Mp 82492 (Sub-No. 39 TA), filed 476, 325 West Adams Street, Springfield INC., doing business as WILLERS June 22, 1970. Applicant: MICHIGAN HI. 62704. TRUCK SERVICE, 1400 North Cliff & NEBRASKA TRANSIT CO., INC., 2109 No. MC 114019 (Sub-No. 207 TA), filed Avenue, Sioux Palls, S. Dak. 57103. Ap­ Olmstead Road, (Mailing address: Post June 18, 1970. Applicant: MIDWEST plicant’s representative: Clifford J. Wil- Office Box 2853), Kalamazoo, Mich. EMERY FREIGHT SYSTEM, INC., 7000 lers (same address as above). Authority 49003. Applicant’s representative: Wil­ sought to operate as a common carrier, South Pulaski Road, Chicago, 111. 60629. liam Harris (same address as above). Applicant’s representative: Arthur J. by motor vehicle, over irregular routes, Authority sought to operate as a com­ Sibik (same address as above). Authority transporting: Meat and packinghouse mon carrier, by motor vehicle, over ir­ products, and such material equipment sought to operate as a common carrier, regular routes, transporting: Meats, by motor vehicle, over irregular routes! and supplies used by meatpackers, from meat products, meat byproducts and ar­ transporting: Meats, meat products, the plantsite of John Morrell & Co., Sioux ticles distributed by meat packinghouses Falls, S. Dak., and nearby warehouse and meat byproducts, and articles distributed as described in sections A and C of ap­ by meat packinghouses, as described iri storage facilities utilized by John Mor­ pendix I to the report in Descriptions of rell & Co., to Chicago, 111., for 180 days. sections A and C of appendix .1 to the Motor Carrier Certificates, 61 M.C.C. Descriptions Case (except commodities Supporting shipper: John Morrell & Co., 209 and 766, except commodities in bulk in bulk and hides), from Allen Township 1400 North Weber Avenue, Sioux Palls, and hides, from the plantsite and ware­ S. Dak. 57104 (Claude Stewart, Traffic (Hillsdale Co.), Mich., to points in Con­ house facilities of Great Markwestern necticut, Delaware, Maine, Maryland, Manager). Send protests to: J. L. Ham­ Packing Co. at Allenn Township (Hills­ mond, District Supervisor, Interstate Massachusetts, New Hampshire, New dale County), Mich., to points in Iowa, Jersey, New York, Ohio, Pennsylvania, Commerce Commission, Room 369, Fed­ Minnesota, and Nebraska, for 180 days. eral Building, Pierre, S. Dak. 57501. Rhode Island, Vermont, Virginia, West N o te: Applicant states there will be no Virginia, and District of Columbia, for No. MC 55822 (Sub-No. 11 TA), filed tacking nor interline intended. Support­ 180 days. Supporting shipper: Walter June 18, 1970. Applicant: VICTORY EX­ ing shipper: Great Markwestern Packing Hoffner, Director of Transportation and. PRESS, INC., 2600 Wilowburn Avenue, Co., 1825 Scott Street, Detroit, Mich. Distribution, Great Markwestern Pack­ Dayton, Ohio 45427. Applicant’s repre­ 4307; (By Walter Hoffner, Director of ing Co., 1825 Scott Street, Detroit, Mich. sentative: Harold G. Hernly, 711 14th Transportation and Distribution). Send 28207. Send protests to: Roger L. Street NW., Suite 605, Washington, D.C. protests to: C. R. Flemming, District Buchanan, District Supervisor, Interstate 20005. Authority sought to operate as a Supervisor, Interstate Commerce Com­ Commerce Commission, Bureau of Op­ contract carrier, by motor vehicle, over mission, Bureau of Operations, 225 Fed­ erations, Room 1086, U.S. Courthouse irregular routes, transporting: Paper and eral Building, Lansing, Mich. 48933. and Federal Office Building, 219 South paper articles, and materials and sup­ No. MC 94901 (Sub-No. 3 TA), filed Dearborn Street, Chicago, 111. 60604. plies used with such paper and paper June 17, 1970. Applicant: EDDY MOV­ No. MC 117386 (Sub-No. 4 TA), filed articles and in the processing thereof, ING & STORAGE CO., INC., 150-148 June 22, 1970. Applicant: LEE S. BUR­ from Chillicothe, Columbus, and Dayton, Pearl Street, Port Chester, N.Y. 10573. RIS, Post Office Box 227, Bradgate, Iowa Ohio, and from Lemon Township, Butler Applicant’s representative: George A. 50520. Applicant’s representative: Ken­ County, near Monroe, Ohio, and Reno, Olsen, 69 Tonnele Avenue, Jersey City, neth F. Dudley, Post Office Box 279, Ot­ Nev., to points in the United States, ex­ N.J. Authority sought to operate as a tumwa, Iowa 52501. Authority sought to cepting those in Alaska and Hawaii, and common carrier, by motor vehicle, over , operate as a common carrier, by motor damaged and rejected shipments on the irregular routes, transporting: Printed vehicle, over irregular routes, transport­ return. Restricted against duplicating matter, machine parts; computer tapes, ing : Liquid fertilizer solution, in bulk, in authority contained in Docket No. MC cards, documents, records and equip­ tank vehicles, from Humboldt, Iowa, to 55822 and MC 55822 Sub-10 TA on ship­ ment, materials supplies, requiring mes­ points in Aurora, Beadle, Bon Homme, ments originating at Dayton, Ohio, and senger delivery service, in parcels not Brookings, Charles Mix, Clark, Clay, in Lemon Township, Butler County, near exceeding 50 pounds each and in ship­ Codington, Davison, Douglas, Hamlin, Monroe, Ohio, for 180 days. Supporting ments not exceeding 1,000 pounds each, Hanson, Hutchinson, Jerauld, Kingsbury, shipper: The National Cash Register Co., between all points in a territory in New Lake, Lincoln, McCook, Minnehaha, Dayton, Ohio 45409. Send protests to: York comprised of the following coun­ Moody, Spink, Turner, Union, and Emil P. Schwab, District Supervisor, In­ ties: Dutchess, Orange, Rockland, Ulster, Yankton Counties, S. Dak., for 180 days. terstate Commerce Commission, Bureau Westchester, and New York City. Re­ Supporting shipper: Farmland Indus­ of Operations, 5514-B Federal Building, stricted against shipments moving be­ tries, Inc., 3315 North Oak, Kansas City, 550 Main Street, Cincinnati, Ohio 45202. tween banks and banking institutions, Mo. 64111. Send protests to: Ellis L. No. MC 77972 (Sub-No. 16 TA) (Cor­ for 150 days. Supporting shipper: Inter­ Annett, District Supervisor, Interstate rection) , filed June 5, 1970, published in national Business Machines Corporation, Commerce Commission, Bureau of Oper­ the F ederal R egister issue of June 20, Armonk, N.Y. 10504. Send protests to: ations, 677 Federal Building, Des Moines, 1970, and republished in part, as cor­ Stephen P. Tomany, District Supervisor, Iowa 50309. rected, this issue. Applicant: MER­ Interstate Commerce Commission, Bu­ No. MC 117883 (Sub-No. 148 T A ), filed CHANTS TRUCK LINE, INC., Post Office reau of Operations, 26 Federal Plaza, June 16, 1970. Applicant: SUBLER Box 908, New Albany, Miss. 38652. Appli­ New York, N.Y. 10007. TRANSFER, INC., 791 East Main Street, cant’s representative: Donald B. Mor­ No. MC 113267 (Sub-No. 240 TA), filed Post Office Box 62, Versailles, Ohio 45380. rison, Post Office Box 22628, Jackson, June 22, 1970. Applicant: CENTRAL & Applicant’s representative: Edw ard J. Miss. 39205. N ote: The purpose of this SOUTHERN TRUCK LINES, INC., 312 Subler, 791 East Main Street, Versailles, partial republication is to redescribe the West Morris Street, Caseyville, 111. Au­ Ohio 45380. Authority sought to operate route shown in (2), as follows: * * * thority sought to operate as a common as a common carrier, by motor vehicle, “(2) between Laurel, Miss., and Collins, carrier, by motor vehicle, over irregular over irregular routes, transporting: Miss., from Laurel over Mississippi High­ routes, transporting: Meats, meat prod­ Meats, meat products, meat byproducts, way 15 to Bay Springs, thence over Mis­ ucts, and meat byproducts, fresh or and articles distributed by meat packing­ sissippi Highway 18 to Puckett, thence frozen, from the plantsite of the Great houses, as described in sections A and C over Mississippi Highway 43 to Menden­ Markwestern Packing Co., at Allen o f appendix I to the report in Descrip­ hall, thence over U.S. Highway 49 to Township (Hillsdale County), Mich., to tions in Motor Carrier Certificates, 61 Collins, and return over the same route, points in North Carolina, South Carolina, M.C.C. 209 and 766 (except commodities serving all intermediate points and the Georgia, Alabama, Mississippi, Louisiana, in bulk and hides), from Allen Township off-route points of Mize and Taylors­ Florida, Tennessee and Kentucky, for 180 (Hillsdale County), Mich., to points in

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 NOTICES 10879

15045 East Salt Lake Avenue, Post Office portation service to be performed under Maine, New Hampshire, Vermont, Il­ a continuing contract or contracts with linois, ’ Connecticut, Massachusetts, Box 1257, City of Industry, Calif. 91747. Applicant’s representative: J. Max Hard­ the J. C. Penney Co., Inc.; 2. Household Rhode Island, New York, New Jersey, appliances, cabinets and heating and air Pennsylvania, Ohio, Delaware, Maryland, ing, 605 South 14th Street, Post Office Box 2028, Lincoln, Nebr. Authority sought conditioning equipment, from Philadel­ Virginia, West Virginia, and the District phia, Pa., to Wilmington, Del., and of Columbia, for 180 days. Supporting to operate as a contract carrier, by motor vehicle, over irregular routes, transport­ returned items on return. Restriction: shipper: Great Markwestern Packing Co., The operations authorized herein are 1825 Scott Street, Detroit, Mich. Send ing: (1) Canned or packaged food stuffs, from Sparks, Nev., to points in Califor­ limited to a transportation service to be protests to: Emil P. Schwab, District nia, Oregon, and Washington; (2) re­ performed under a continuing contract Supervisor, Interstate Commerce Com­ turned, refused, or rejected shipments of or contracts with S. S. Fretz, Jr., Inc., mission, Bureau of Operations, 5514-B canned or packaged food stuffs, toilet for 180 days. Supporting shippers: J. C. Federal Building, 550 Main Street, Cin­ preparation, toilet articles, germicides; Penney Co., Inc., 3236 Robert Kirk­ cinnati, Ohio 45202. buffing, polishing, cleaning, scouring, and wood Highway, Wilmington, Del. 19808, No. MC 123392 (Sub-No. 25 TA), filed washing compounds; solvents, starch, Charles C. Ryan; S. S. Fretz, Jr., Inc., June 18, 1970. Applicant: JACK B. sponges, sweetening compounds, drugs 870 North 28th Street, Philadelphia, Pa. KELLEY, INC., 3801 Virginia Street, and janitorial supplies, from points in 19130, George J. Vennell, Vice President, Amarillo, Tex. 79109. Applicant’s repre­ California, Oregon, and Washington, to Sales. Send protests to: Paul J. Lowry, sentative: Jack B. Kelley (same address Sparks, Nev.; (3) empty aerosol cans and District Supervisor, Interstate Commerce as above). Authority sought to operate as corrugated cartons, knocked down, from Commission, Bureau of Operations, 206 a common carrier, by motor vehicle, over points in California to points in Sparks, Old Post Office Building, 129 East Main irregular routes, transporting: Concrete Nev.; (4) buffing and polishing com­ Street, Salisbury, Md. 21801. products, prestressed, precast or rein­ No. MC 129219 (Sub-No. 3 TA) (Cor­ forced, which by reason of size or other pounds, cleaning, scouring and washing physical characteristics, require the use compounds, solvents, starch and sponges rection) , filed May 22, 1970, published in the F e d e r a l R e g i s t e r issue of June 5, of special devices, facilities, and equip­ and janitorial supplies, from Glendale, ment for their loading, unloading, or Calif., to Sparks, Nev. All restricted 1970, and republished as corrected, this transportation, from points in Potter and against commodities in bulk, and re­ issue. Applicant: CMD TRANSPORTA­ Randall Counties, Tex., to points in New stricted to traffic originating or terminat­ TION, INC., 3750 Southeast Belmont Mexico on and east of U.S. Highway 85, ing at the plantsite or warehouse facil­ Street, Portland, Oreg. 97214. Appli­ points in Colorado on and east of U.S. ities of Alberto-Culver Co., at Sparks, cant’s representative: Philip G. Skofstad, Highway 85 from the Colorado-New Nev., for 180 days. Supporting shipper: 4410 Northeast Fremont, Portland, Oreg. Mexico State line to junction with U.S. Alberto-Culver Co., 2525 Armitage Ave­ 97213. Authority sought to (operate as a Highway 50 and on and south of U.S. nue, Melrose Park, 111. 60160. Send pro­ contract carrier, by motor vehicle, over Highway 50 to the Colorado-Kansas tests to: John E. Nance, District Super­ irregular routes, transporting: (1) Elec­ State line, points in Kansas on and south visor, Interstate Commerce Commission, tric storage batteries and allied com­ of U.S. Highway 50 from the Kansas- Bureau of Operations, Room 7708, Fed­ ponents, between Los Angeles and San Colorado State line to junction U.S. eral Building, 300 North Los Angeles Jose, Calif., on the one hand, and, on Highway 81 and on and west of U.S. Street, Los Angeles, Calif. 90012. the other, points in California, Idaho, Highway 81 to the Kansas-Oklahoma No. MC 125624 (Sub-No. 12 TA) (Cor­ Montana, Nevada, Oregon, Utah, and State line, and points in Oklahoma on rection) , filed June 5, 1970, published in Washington; and (2) scrap and junk and west of U.S. Highway 81, for 180 the F e d e r a l R e g i s t e r issue of June 20, electric storage batteries, from points in days. Supporting shipper: Dallas Bishop, 1970, under No. MC 12564 (Sub-No. 12 California, Idaho, Montana, Nevada, trucking foreman, Crowe-Gulde Cement TA), and republished in part, as cor­ Oregon, Utah, and Washington, to Los Co., Post Office Box 9026, Amarillo, Tex. rected, this issue. Applicant: EVER­ Angeles, Calif., Portland, Oreg., and Salt 79107. Send protests to: Haskell E. Bal­ GREEN FREIGHT LINES, INC., East Lake City, Utah, all under a continuing lard, District Supervisor, Interstate 5205 Union, Spokane, Wash. 99206. N o t e : contract with E. S. B., Inc., for 180 days. Commerce Commission, Bureau of Op­ The sole purpose of this partial repub­ Supporting shipper: ESB, Inc., 2000 East erations, 918 Tyler Street, Amarillo, Tex. lication is to reflect the correct docket Ohio Building, Post Office Box 6266, 79101. number assigned as No. MC 125624 (Sub- Cleveland, Ohio 44101. Send protests to: No. MiC 124078 (Sub-No. 442), filed No. 12 TA). The rest of the application District Supervisor W. J. Huetig, Inter­ June 22,1970. Applicant: SCHWERMAN remains as previously published. state Commerce Commission, Bureau of TRUCKING CO., 611 South 28th Street, No. MC 127299 (Sub-No. 1 TA), filed Operations, 450 Multnomah Building, Milwaukee, Wis. 53246. Applicant’s rep­ June 23, 1970. Applicant: PENNY EX­ 120 Southwest Fourth Avenue, Portland, resentative: James R. Ziperski (same PRESS, INC., 718west Birch tree Lane, Oreg. 97204. * address as above). Authority sought to Claymont, Del. 19703. Applicant’s repre­ No. MC 129631 (Sub-No. 13 TA), filed operate as a common carrier, by motor sentative: Alan Kahn, Suite 1920, Two June 22,1970. Applicant: PACK TRANS­ vehicle, over irregular routes, transport­ Penn Center Plaza, John F. Kennedy PORT, INC., Post Office Box 17233, Salt ing: Natural latex, in bulk, from Savan­ Boulevard at 15th Street, Philadelphia, Lake City, Utah 84117. Authority sought nah, Ga., to points in Alabama, Con­ Pa. 19102. Authority sought to operate as to operate as a common carrier, by motor necticut, Delaware, Florida, Georgia, a contract carrier, by motor vehicle, over vehicle, over irregular routes, transport­ Illinois, Indiana, Kentucky, Maryland, irregular routes, transporting: 1. Such ing: BuilZing materials, between points Maine, Massachusetts, Michigan, Missis­ commodities, as are dealt in by retail in Bannock County, Idaho, on the one sippi, Missouri, New Hampshire, New department stores between the site of hand, and, on the other, points in Idaho, Jersey, New York, North Carolina, Ohio, the warehouse of J.' C. Penney Co., for 180 days. N o t e : Applicant indicates Pennsylvania, Rhode Island, South Caro­ Inc., in Deptford Township, Gloucester it will tack the authority here applied lina, Tennessee, Texas, Vermont, Vir­ County, N.J., on the one hand, and, on for to its presently held authority— ginia, West Virginia, and the District of the other, Baltimore, Md., points in tacking at Bannock County, Idaho. Sup­ Columbia, for 180 days. Supporting ship­ Delaware, Harford, and Cecil Counties, porting shippers: There are approxi­ per: Hall & Co., Inc., 605 Third Avenue, Md.; Montgomery, Philadelphia, Dela­ mately 20 statements of support attached New York, N.Y. 10016 (Reginald Slavin, ware, Bucks, Lancaster, Chester, Dau­ to the application, which may be ex­ General Manager of Transportation and phin, Berks, Northampton, and Lehigh amined here at the Interstate Commerce Distribution). Send protests to: District Counties, Pa., and Bergen, Camden, Bur­ Commission in Washington, D.C., or Supervisor Lyle D. Heifer, Interstate lington, Gloucester, Salem, Sussex, Mid­ copies thereof which may be examined Commerce Commission, Bureau of Op­ dlesex, Union, Atlantic, Ocean and Mer­ at the field office named below. Send pro­ erations, 135 West Wells Street, Room cer Counties, N.J.; the New York, N.Y., tests to: John T. Vaughan, District 807, Milwaukee, Wis. 53203. commercial zone, as defined by the Com­ Supervisor, Interstate Commerce Com­ No. MC 124796 (Sub-No. 61 TA), filed mission; and Nassau and Suffolk Coun­ mission, Bureau of Operations, 6201 June 17, 1970. Applicant: CONTINEN­ ties, N.Y.; Restriction: The operations Federal Building, Salt Lake City, Utah. TAL CONTRACT CARRIER CORP., authorized herein are limited to a trans­ 84111.

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10880 NOTICES

No. MC 133709 (Sub-No. 2 TA) (Cor­ peka, Wichita, Great Bend, Dodge City, tucket, and Newport, R.I.; to Lancaster, rection) , filed June 11,1970, published in Emporia, Ft. Leavenworth, Independ­ Greenwood, Buffalo, Lyman, Society Hill] the F ederal R egister issue of June 20, ence, Garden City, and Hickok, Kans.; to Charleston, Lobeco, St. Stephen, Clear­ 1970, and republished in part, as cor­ Tampa, Key West, Orlando, Miami, water, and Mullins, S.C.; to Humboldt, rected, this issue. Applicant: HIA­ Jacksonville, Daytona Beach, Fort Pierce, Kingsport, Memphis, Nashville, Knox­ WATHA PRODUCE COMPANY, 3850 Panama City, Pensacola, Naples, and De ville, Clarkesville, Morristown, Murfrees­ Fourth Street, Winona, Minn. 55987. Ap­ Land, Fla.; to Plainfield, Chicago, boro, Cleveland, Jackson, and Union City, plicant’s representative: Francis Ciscuski Springfield, Lake Zurich, Peoria, Wauke­ Tenn.; to Salt Lake City, Nephi, Vernal] (same address as above). N o te: The sole gan, Erie, Morris, Streator, Mendota, and Murray, Brigham City, Kearns, and purpose of this partial republication is to Utica HI.; Logan, Utah; to Harrisonburg, Crozet, include Portland, Maine, as a point in the To Des Moines, Dubuque, Mason City, Frie, Norfolk, Petersburg, Temperance- destination territory, which point was in­ Storm Lake, Postville, Harlan, Hartley, ville, Norwalk, Hopewell, Danville, advertently omitted in the previous pub­ and Sioux City, Iowa; to Covington, Louisa, Exmore, Apple Grove, and Roa­ lication. The rest of the application Frankfort, Paducah, Calvert City, Bowl­ noke, Va., for 180 days. Supporting ship­ remains as previously published. ing Green, Pikeville, Columbia, Madison- per: Packaging Products and Design No. MC 133788 (Sub-No. 1 TA), filed ville, Marion, and Louisville, Ky.; to Corp., 522 Ferry Street, Newark, N.J. June 17, 1970. Applicant: E Z MESSEN­ Houma, Harvey, Baton Rouge, New Or­ Send protests to: Arthur B. Abercrombie, GER SERVICE, INC., 98-17 Horace leans, De Ridder, Taft, Bossier City, Oak­ District Supervisor, Interstate Commerce Harding Expressway,. Rego Park, N.Y. dale, St. Francisville, Norco, and Ber­ Commission, Bureau of Operations, 300 11368. Applicant’s representative: Ed­ wick, La.; to Trappe, Odenton, Beaver Columbia Building, 1200 Main Street, ward Bowes, 744 Broad Street, Newark, Heights, Baltimore, Cumberland, Oak­ Columbia, S.C. 29201. N.J. 07102. Authority sought to operate land, Salisbury, Hagerstown, and Ches- No. MC 134695 TA, filed June 16, 1970. as a contract carrier, by motor vehicle, tertown, Md.; to Traverse City, Saginaw, Applicant: RDR OF GEORGIA, INC., over irregular routes, transporting: Au­ Detroit, Bay City, Luddington, Midland, 2701 South Bayshore Drive, Miami, Fla. tomobile accessories and parts, between Escanaba, Dearborn, Zealand, and Hol­ 33133. Applicant’s representative: Paul Mahwah, N.J., on the one hand, and, on land, Mich.; to Macon, Milan, St. Louis, M. Pelletier (same address as above). the other, New York, N.Y., and Bergen, Springfield, Moberly, Joplin, Jefferson Authority sought to operate as a contract Essex, and Hudson Counties, N.J. Restric­ City, Cape Girardeau, St. Joseph, and Co­ carrier, by motor vehicle, over irregular tion: Transportation restricted to serv­ lumbia, Mo.; to Presque Isle, Rockland, routes, transporting: Frozen ice cream, ices performed under contract with the Lewiston, Portland, Bangor, Sanford, ice cream novelties, sherberts, ice milk Ford Motor Co., for 150 days. Support­ North Monmouth, and Biddeford, Maine; and ice cream cones, from the plant and ing shipper: Ford Motor Co., The Amer­ to Boston, Hudson, Fall River, Pittsfield, warehouse facilities of Swift Dairy & ican Road, Dearborn, Mich. 48121. Send Worcester, Leominster, Adams, Law­ Poultry Co. in Bibb County, Ga., to points protests to: Anthony Chuisano, District rence, and Woburn, Mass.; to Austin, St. in Florida with advertising and display Supervisor, Interstate Commerce Com­ Paul, Albert Lea, St. Cloud, Blooming­ materials when incidental to the move­ mission, Bureau of Operations, 26 Fed­ ton, Mankate, Worthington, Cloquet, ment of above product. Transporting on eral Plaza, New York, N.Y. 10007. Hibbing, and Duluth, Minn.; Grenada, return, shipper-owned carts, dollies, pal­ No. MC 134017 (Sub-No. 1 TA), filed Jackson, Gulfport, Hattiesburg, Laurel, lets, and returned damaged or refused June 17, 1970. Applicant: R. M. HEN­ Tupelo, and Greenville, Miss.; to Omaha, products having moved southbound in DERSON AND MARVIN J. McABEE, do­ Scottsbluff, Lincoln, Beatrice, Norfolk, the contract carrier service from Florida ing business as H & M MOTOR LINES, Lexington, Grand Island, Alliance, and to Bibb County, Ga., and ingredients used 520 Highlawn Avenue, Greenville,' S.C. North Platte, Nebr.; Burlington, Tar- in the manufacture of ice cream prod­ 29611. Applicant’s representative: R. M. boro, Raleigh, Charlotte, Old Fort, New­ ucts, from suppliers of Swift Dairy & Henderson, 201 Balfer Drive, Greenville, ton, Wake Forest, Castle Hayne, Wash­ Poultry Co. located at points in Florida, S.C. 29607. Authority sought to operate ington, and Wilkesboro, N.C.; to Santa to the plantsite of Swift Dairy & Poul­ as a contract carrier, by motor vehicle, Fe, Albuquerque, Gallup, Hobbs, Carls­ try Co. in Macon, Ga., with no compen­ over irregular routes, transporting: Plas­ bad, and Artesia, N. Mex.; to North sation on return except as otherwise tic• products and articles including but Kingsville, Newark, Akron, Lumont, Cin­ authorized, for 180 days. Supporting not limited to polyethylene bags, liners, cinnati, Defiance, Ashtabula, Dayton, shipper: Swift Dairy & Poultry Co., 115 sheeting, and tubing, burlap products Wapakoneta, Youngstown, and Ironton, West Jackson Boulevard, Chicago, HI. and articles, and paper products, from Ohio; to New York City, Long Island 60604. Send protests to: District Super­ Newark, N.J., to Mobile, Montgomery, (several points), Buffalo, Amsterdam, visor Joseph B. Teichert, Interstate Com­ Birmingham, Tuscaloosa, Anniston, Hauppauge, Albion, Niagara Falls, Can- merce Commission, Bureau of Opera­ Decatur, Huntsville, Gadsden, Demopolis, astota, Syracuse, Mt. Vernon, and Bea­ tions, 5720 Southwest 17th Street, Room and Wetumpka, Ala.; to Little Rock, con, N.Y.; Fargo, Grand Forks, Williston, 105, Miami, Fla. 33155. Helena, Magnolia, Benton, Springdale, Minot, Bismarck, Jamestown, and Dick­ No. MC 134713 TA, filed June 22, 1970. Russellville, West Memphis, Hot Springs, inson, N. Dak.; to Concord, Smersworth, Applicant: WILLIAM S. SMITH AND Camden, Stuttgart Eldorado, and Fay­ Milford, Keene, Nashua, and Ports­ THOMAS A. ALBER, doing business as etteville, Ark.; to Denver, Pueblo, Boul­ mouth, N.H.; Pryor, Guymon, Tulsa, Ok­ T.A.S., Secaucus, N.J. 07094. Applicant’s der, Vail, Greeley, Colorado Springs, La lahoma City, Chickasha, and Fort Sill, representative: Robert B. Pepper, 297 Junta, Grand Junction, and Durango, Okla.; Academy Street, Jersey City, N.J. 07306. Colo.; to Phoenix, Tucson, South Tucson, To Portland, Salem, Springfield, Cor­ Authority sought to operate as a contract Scottsdale, Tempe, Yuma, Mesa, and vallis, Bend, Albany, and Klamath Falls, carrier, by motor vehicle, over irregular Nogales, Ariz.; to Pico Rivera, Sacra­ Oreg.; to Chester, Philadelphia, Erie, routes, transporting: (1) Animal feed, in mento, San Diego, San Francisco, Los Reading, Doylestown, Chambersburg, bulk, in shipper’s trailers, from the plant- Angeles, Bakersfield, Colfax, Pasadena, Jeanette, Mountain Top, Washington, site to Rozansky Feed Co., Secaucus, N.J., Novato, and San Jose, Calif.; to Hartford Wilkes-Barre, Wool rich, Lancaster, Sen­ to New Haven, Conn., Berlin, Easton, Norwalk, Shelton, New London, New eca, and Warminster, Pa.; to Rapid Princess Anne, and Salisbury, Md., Haven, Danbury, Gales Ferry, Canaan, City, Huron, Sioux Falls, Brookings, and Brookhaven, Kiamesha Lake, Riverhead, Waterbury, Norwich, Willimantic, Glas- Yankton, S. Dak,; to Big Spring, Hous­ and Woodridge, N.Y., Philadelphia, Pa., go, and Groton, Conn.; to Dover, Lewes, ton, Orange, Fort Worth, Skellytown, and Harrisonburg, Va.; and (2) bakery Milton, Milford, Wilmington, Seaford, Seagraves, Brownsville, Shreveport, Bay- waste, in bulk, in shipper’s trailers, from Smyrna and Bridgeville, Del.; to Augusta, town, Amarillo, San Antonio, and Horseheads, N.Y., and Philadelphia, Pa., Trion, Atlanta, Deluth, Sylvester, Thom- Wichita Falls, Tex.; to Montpelier, Rut­ to the plantsite of Rozansky Feed Co., aston, Dalton, Savannah, Dublin, Gaines­ land, Burlington, Manchester, White Secaucus, N.J.; for 150 days. Supporting ville, and Sea Island, Ga.; to Anderson, River Junction, and Waterbury; Vt.; to shipper: Rozansky Feed Co. 286 Secaucus South Bend, La Porte, Muncie, Ligonier, Seattle, Tacoma, Olympia, Walla Walla, Road, Secaucus, N.J. 07094. Send protests Hammond, Dunkirk, New Albany, In­ Spokane, and Bellingham, Wash.; to to: District Supervisor Walter J. Gross- dianapolis, and Lafayette, Ind.; to To­ Woonsocket, Warwick, Providence, Paw­ mann, Bureau of Operations, Interstate

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 NOTICES 10881

[Notice 106] fic). Send protests to: District Super­ Commerce Commission, 970 Broad visor Lyle D. Heifer, Interstate Street, Newark, N.J. 07102. MOTOR CARRIER TEMPORARY Commerce Commission, Bureau of Oper­ No MC 134718 TA, filed June 23, 1970. AUTHORITY APPLICATIONS ations, 135 West Wells Street, Room 807, Applicant: EDWARD P. HOWELL, INC., Milwaukee, Wis. 53203. Rural Delivery No. 1, Box 381-A, Elkton, J une 30, 1970. No. MC 43144 (Sub-No. 8 TA), filed Md. 21921. Applicant’s representative: The following are notices of filing of June 24, 1970. Applicant: GUILFORD William P. Jackson, Jr., 1819 H Street applications for temporary authority TRUCKING, INC., 123 Brook Road, NW., Washington, D.C. 20006. Authority under section 210a(a) of the Interstate Quincy, Mass. Applicant’s representa­ sought to operate as a contract carrier, Commerce Act provided for under the tive: Edward Bowes, 744 Broad Street, by motor vehicle, over irregular routes, new rules of Ex Parte No. MC—67 (49 Newark, N.J. 07102. Authority sought to transporting: Materials used in the man­ CFR Part 1131), published in the F ederal operate as a contract carrier, by motor ufacture of 'pyrotechnics (except classes R egister, issue of April 27,1965, effective vehicle, over irregular routes, transport­ A and B explosives and commodities in July 1, 1965. These rules provide that ing: Smashed and unsmashed automo­ bulk), from the plantsite of Ordnance protests to the granting of an applica­ biles and parts thereof, from Johnston, Products, Inc., in Cecil County, Md., to tion must be filed with the field official R.I., to Everett, Mass., for 150 days. the plantsite of Martin Electronics, Inc. named in the F ederal R egister publica­ Supporting shipper: D & R Auto Parts, in Taylor County, Fla. Empty containers tion, within 15 calendar days after the Inc., 75 Railroad Avenue, Johnston, R.I. from the plantsite of Ordnance Products date of notice of the filing of the appli­ Send protests to: Harold G. Danner, Dis­ Inc., in Cecil County, Md., to Danbury cation is published in the F ederal R egis­ trict Supervisor, Interstate Commerce Conn.; Empty shipper-owned trailers ter. One copy of such protests must be Commission, Bureau of Operations, Room from the plantsite of Ordnance Products served on the applicant, or its authorized 2211B, John F. Kennedy Government Inc., in Cecil County, Md.,,to Hanover representative, if any, and the protests Center Building, Boston, Mass. 02203. Pa., and Danbury, Conn.; Dye, from Dan­ must certify that such service has been No. MC 78288 (Sub-No. 28, TA), filed bury, Conn., to the plantsite of Ordnance made. The protests must be specific as June 24, 1970. Applicant: J. MILLER Products, Inc., in Cecil County, Md.; to the service which such protestant can EXPRESS, INC., 152 Wabash Street, Springs and pull rings, from Bristol and will offer, and must consist of a Pittsburgh, Pa. 15220. Applicant’s rep­ Conn., to the plantsite of Ordnance Prod­ signed original and six copies. resentative: John A. Pillar, 2310 Grant ucts, Inc., in Cecil County, Md.; Dies A copy of the application is on file, Building, Pittsburgh, Pa. 15219. Author­ from Plainville, Conn., to the plantsite and, can be examined at the Office of the ity sought to operate as a common of Ordnance Products, Inc., in Cecil Secretary, Interstate Commerce Com­ carrier, by motor vehicle, over irregular County, Md.; Hinge pins, from South mission, Washington, D.C., and also in routes, transporting: Iron and steel Hackensack, N. J., to the plantsite of Ord­ field office to which protests are to be articles, from the plantsites of Jones and nance Products, Inc., in Cecil County, transmitted. Laughlin Steel Corp., at Pittsburgh and Md.; Chemicals, in containers, from M otor Carriers of P roperty Aliquippa, Pa., to points in Indiana, Il­ South Plainfield, N.J., to the plantsite linois, and the Lower Peninsula of Mich­ of Ordnance Products, Inc., in Cecil No. MC 13569 (Sub-No. 24 TA), filed igan, for 150 days. Supporting shipper: County, Md.; Dismantled wooden boxes, June 22, 1970. Applicant: THE LAKE Jones and Laughlin Steel Corp., 3 Gate­ from Manchester and Concord, N.H., to SHORE MOTOR FREIGHT COMPANY, way Center, Pittsburgh, Pa. 15230. Send the plantsite of Ordnance Products, Inc., 1200 South State Street, Girard, Ohio protests to: John J. England, District in Cecil County, Md.; Materials and sup­ 44420. Applicant’s representative: David Supervisor, Interstate Commerce Com­ plies used in the manufacture of gre­ Miliner, 744 Broad Street, Newark, N.J. mission, Bureau of Operations, 2111 Fed­ nades (except classes A and B explosives Authority sought to operate as a common eral Building, 1000 Liberty Avenue, Pitts­ and commodities in bulk), from Phil­ carrier, by motor vehicle, over irregular burgh, Pa. 15222. adelphia, Pa., to the plantsite of Ord­ routes, transporting: Iron and steel and No. MC 107295 (Sub-No. 396 TA), nance Products, Inc., in Cecil County, iron and steel articles, from the plant filed June 25, 1970. Applicant: PRE-FAB Md.; Zinc, from Wilmington, Del., to the and mill sites of the Jones & Laughlin TRANSIT CO., Post Office Box 146, plantsite of Ordnance Products, Inc., in Steel Corp. at Pittsburgh and Aliquippa, Farmer City, 111. 61842. Authority sought Cecil County, Md.; Lumber, from points Pa., to points in Illinois, Indiana, and to operate as a common carrier, by motor in Maine to the plantsite of Ordnance the Lower Peninsula of Michigan. From vehicle, over irregular routes, transport­ Products, Inc., in Cecil County, Md.; points in Illinois, Indiana, and the Lower ing: Hardwood flooring; from Warren, Materials and supplies used in the manu­ Peninsula of Michigan to Cleveland Ark., to points in Connecticut, Delaware, facture of pyrotechnics (except classes and Youngstown, Ohio, and Pittsburghr Illinois, Maryland, Massachusetts, New A and B explosives and commodities in and Aliquippa, Pa., for 120 days. N o te: Jersey, New York, Ohio, Pennsylvania, bulk), and loaded fuse bodies and com­ Applicant intends to tack with its exist­ Vermont,- Virginia, and the District of ponents thereof, from the plantsite of ing authority if permitted: Supporting Columbia, for 180 days. Supporting Martin Electronics, Inc., in Taylor shipper: Jones & Laughlin Steel Corp., shipper: Wilson Oak Flooring Co., Inc., County, Fla., to the plantsite of Ordnance 3 Gateway Center, Pittsburgh, Pa. 15230. Post Office Box 509, Warren, Ark. 71671. Products, Inc., in Cecil County, Md. Re­ Send protests to: G. J. Baccei, District Send protests to: Harold Jolliff, District striction: Operations under the above Supervisor, Interstate Commerce Com­ Supervisor, Interstate Commerce Com­ authority are restricted to movements mission, Bureau of Operations, 181 Fed­ mission, Bureau of Operations, Room under a continuing contract or contracts eral Office Building, 1240 East Ninth 476, 325 West Adams Street, Springfield, with Ordnance Products, Inc., and Street, Cleveland, Ohio 44199. 111. 62704. Martin Electronics, Inc., for 180 days. No. MC 30837 (Sub-No. 399 TA), filed No. MC 107403 (Sub-No. 796 TA), filed Supporting shipper: Ordnance Products, June 24, 1970. Applicant: KENOSHA June 24, 1970. Applicant: MATLACK, Inc., North East, Md. 21901, Edward AUTO TRANSPORT CORPORATION, INC., 10 West Baltimore Avenue, Lans- Bartels, authorized representative. Send 4200 39th Avenue, Kenosha, Wis. 53140. downe, Pa. 19050. Applicant’s represent­ protests to: Paul J. Lowry, District Su­ Applicant’s representative: Albert P. ative: John Nelson (same address as pervisor, Interstate Commerce Commis­ Barber (same address as above). Author­ above). Authority sought to operate as sion, Bureau of Operations, 206 Old Post ity sought to operate as a common car­ a common carrier, by motor vehicle, Office Building, 129 East Main Street^ rier, by motor vehicle, over irregular over irregular routes, transporting: Salisbury, Md. 21801. routes, transporting: All terrain vehicles, Sulfuric acid, in bulk, in tank type ve­ By the Commission. from Denver, Colo., to points in the hicles, from Caddo Parish, La., to points United States (except Hawaii), for 180 in Arkansas, Mississippi, and Texas, for [seal] H . N eil G arson, days. Supporting shipper: Chaparral In­ 180 days. Supporting shipper: Olin Secretary. dustries, Inc., 5995 North Washington Chemicals, 120 Long Ridge Road, Stam­ [F.R. Doc. 70-8512; Piled, July 2, 1970; Street, Denver, Colo. 80216 (William R. ford, Conn. 06904; W. R. La Follette, 8:48 am .] Spaur, Manager, Procurement and Traf­ Distribution Supervisor. Send protests

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 10882 NOTICES

to: Ross A. Davis, District Supervisor, TROLEUM TRANSPORTATION CO. ing: Materials, supplies, and equipment Interstate Commerce Commission, Bu­ INC., Pyles Lane, New Castle, Del. 19720. utilized in the installation and mainte­ reau of Operations, 900 U.S. Custom Applicant’s representative: Samuel W. nance of floor covering, carpet and carpet House, Second and Chestnut Streets, Earnshaw, 833 Washington Building, tacking rims, or strips; door frames and Philadelphia, Pa. 19106. Washington, D.C. 20005. Authority hardware therefor; and sealants, from No. MC 115523 (Sub-No. 163 TA), filed sought to operate as a contract carrier, City of Industry, Calif., to points in Ala­ June 24, 1970. Applicant: CLARK TANK by motor vehicle, over irregular routes, bama, Arizona, Arkansas, Colorado, LINES COMPANY, 1450 Beck Street, transporting: Fuel oil, in bulk, in tank Georgia, Illinois, Indiana, Iowa, Kansas! Salt Lake City, Utah 84116. Authority vehicles, for account of Dover Equip­ Kentucky, Louisiana, Michigan, Minne­ sought to operate as a common carrier, ment and Machine Co., Inc., from plant- sota, Mississippi, Missouri, Nebraska, New by motor vehicle, over irregular routes, site of Paragon Oil Co., Claymont, Del., Mexico, North Dakota, Ohio, Oklahoma, transporting: Lime, from Dolomite, to Bishop, Md., for 180 days. Supporting South Dakota, Tennessee, Texas, Utah! Utah, to all points in Montana, for 180 shipper: Dover Equipment & Machine and Wisconsin; (2) Returned, refused, days. Supporting shipper: S. Birch, Inc., Co., Inc., New Castle, Del. 19720 (Rob­ -or rejected shipments of carpet tacking Box 2167, Great Falls, Mont. 59401 ert S. Appleby, Vice President). Send rims or strips, adhesive cement, iron or (Robert B. McIntyre). Send protests to: protests to: Paul J. Lowry, District Su­ _sfeeZ doors, and hardware therefor, me- John T. Vaughan, District Supervisor, pervisor, Interstate Commerce Commis­ ~chanic hand tools, wooden doors, floor Interstate Commerce Commission, Bu­ sion, Bureau of Operations, 206 Old Post mats and runners, advertising materials reau of Operations, 6201 Federal Build­ Office Building, 129 East Main Street, and racks or stands therefor, and the ing, Salt Lake City, Utah 84111. Salisbury, Md. commodities described in (1) above from No. MC 117589 (Sub-No. 14 TA), filed No. MC 124796 (Sub-No. 62 TA), filed the destination States in (1) above to June 25, 1970. Applicant: PROVISION- June 18, 1970. Applicant: CONTINEN­ City of Industry, Calif.; (3) Materials, ERS FROZEN EXPRESS, INC., 2535 Air­ TAL CONTRACT CARRIER CORP., supplies, and equipment utilized in the port Way S„ Seattle, Wash. 98134. Ap­ 15045 East Salt Lake Avenue, City of manufacture, sale, and distribution of plicant’s representative: George R. La- Industry, Calif. 91747. Applicant’s rep­ carpet tacking rims or strips, doors and Bissoniere, 1424 Washington Building, resentative: J. Max Harding, Box 2028, door frames, adhesives, and sealants, and Seattle, Wash. 98101. Authority sought Lincoln, Nebr. 68501. Authority sought materials, supplies, and equipment uti­ to operate as a common carrier, by to operate as a contract carrier, by motor lized in the installation and maintenance motor vehicle, over irregular routes, vehicle, over iregular routes, transport­ of floor covering, carpet and carpet tack­ transporting: Frozen onion rings, from ing: (1) Carpet tacking rims or strips ing rims, or strips, from points in the des­ Boise, Idaho to Spokane, Yakima, Ta­ and tools, materials,.supplies and equip­ tination States specified in (1) above to coma, Seattle, and Bellingham, Wash., ment utilized in the installation and City of Industry, Calif.; (4) Wooden and Portland, Oreg., for 180 days. Sup- • maintenance of floor covering, carpet doors, from Orange, Calif., to the desti­ porting shipper: Idaho’s Best Foods, Inc., and carpet tacking rims or strips, ad­ nation States specified in (1) above; (5) Post Office Box 7503, 2903 Idaho Street, hesives, and sealants; doors and door Returned, refused, or rejected shipments Boise, Idaho 83707. Send protests to: E. frames, and hardware therefor, from City of wooden doors, from the destination J. Casey, District Supervisor, Interstate of Industry, Calif., to points in Florida,' States specified in (1) above to Orange, Commerce Commission, Bureau of Oper­ South Carolina, North Carolina, Virginia, Calif. All restricted against commodities ations, 6130 Arcade Building, Seattle, West Virginia, Maryland, Delaware, in bulk or those which by reason of size Wash. 98101. Pennsylvania, New Jersey, New York, or weight required special equipment. No. MC 118178 (Sub-No. 3 TA), filed Connecticut, Rhode Island, Massachu­ Limited to transportation service under June 24, 1970. Applicant: BILL setts, Vermont, New Hampshire, Maine, continuing contract with Roberts Con­ MEEKER, 1733 North Washington, Box and the District of Columbia; (2) Re­ solidated Industries, Inc., for 150 days. 11184, Wichita, Kans. 67202. Authority turned, refused, or rejected shipments Supporting shipper: Roberts Consoli­ sought to operate as a common carrier, of the commodities specified in (1) above dated Industries, Inc., 600 North Baldwin by motor vehicle, over irregular routes, from the destination States specified in Park Boulevard, City of Industry, Calif. transporting: Aircraft parts, from Wel­ (1) above to City of Industry, Calif.; (3) 91747. Send protests to: John E. Nance, lington, Kans., to Dallas and Fort Worth, Materials, supplies, and equipment util­ District Supervisor, Interstate Commerce Tex., and points in their commercial ized in the manufacture, sale, and distri­ Commission, Bureau of Operations, Room zones, for 120 days. Supporting shipper: bution of the commodities specified in 7708 Federal Building, 300 North Los Welco Aerospace Corp., 1515 North High­ (1) above and materials, supplies, and Angeles Street, Los Angeles, Calif. 90012. way 81, Wellington, Kans. Send protests equipment utilized in the installation and maintenance of floor covermg, carpet and No. MC 126514 (Sub-No. 24 TA), filed to: M. E. Taylor, District Supervisor, June 25, 1970. Applicants: HELEN H. Interstate Commerce Commission, Bu­ carpet tacking rims, or strips, from the SCHAEFFER AND EDWARD P. reau of Operations, 501 Petroleum Build­ destination States specified in (1) above to City of Industry, Calif.; (4) Wooden SCHAEFFER, 5200 West Bethany Home ing, 221 South Broadway, Wichita, Kans. Road, Glendale, Ariz. 85301. Applicants’ 67202. doors, from Orange, Calif., to points in the destination States specified in (1) representative: George A. Olsen, 69 No. MC 124083 (Sub-No. 42 TA), filed above; (5) Returned, rejected, or refused Tonnele Avenue, Jersey City, N.J. 07306. June 24, 1970. Applicant: SKINNER shipments of wooden doors, from the des­ Authority sought to operate as a common MOTOR EXPRESS, INC., 1035 South tination States specified in (1) above to carrier, by motor vehicle, over irregular Keystone Avenue, Indianapolis, Ind. Orange, Calif., for 150 days. Supporting routes, transporting: Envelopes and pa­ 46203. Applicant’s representative: Wal­ shipper: Roberts Consolidated Indus­ per, from Westfield, Mass., to Livermore, ter F. Jones, Jr., 601 Chamber of Com­ tries, Inc., 600 North Baldwin Park Sebastopol, Pasadena, San Jose; Los merce Building, Indianapolis, Ind. 46204. Boulevard, City of Industry, Calif. 91747. Angeles commercial zone and San Fran­ Authority sought to operate as a common Send protests to: John E. Nance, District cisco commercial zone, Calif., for 180 carrier, by motor vehicle, over irregular Supervisor, Interstate Commerce Com­ days. Supporting shipper: Old Colony routes, transporting: Dolomite, in bulk, merce, Bureau of Operations, Room Envelope Co., Westfield, Mass. 01085. in dump vehicles, from Gibsonburg, Ohio 7708 Federal Building, 300 North Los Send protests to: Andrew V. Baylor, Dis­ to Lapel, Ind., for 180 days. Supporting Angeles Street, Los Angeles, Calif. 90012. trict Supervisor, Interstate Commerce shipper: Brockway Glass Co., Inc., Fort- No. MC 124796 (Sub-No. 63 TA), filed „Commission, Bureau of Operations, 3427 ville, Ind. Send protests to: James W. June 18, 1970. Applicant: CONTINEN­ Federal Building, Phoenix, Ariz. 85025. Habermehl, District Supervisor, Inter­ TAL CONTRACT CARRIER, CORP., No. MC 129350 (Sub-No. 9 T A ), filed state Commerce Commission, Bureau of 15045 East Salt Lake Avenue, City of June 24, 1970. Applicant: CHARLES E. Operations, 802 Century Building, 36 Industry, Calif. 91747. Applicant’s rep­ WOLFE, doing business as EVERGREEN South Pennslyvania Street, Indianapolis, EXPRESS, Post Office Box 212, Billings, Ind. 46204. resentative: J. Max Harding, Box 2028, Lincoln, Nebr. 68501. Authority sought Mont. 59103. Applicant’s representative: No. MC 124333 (Sub-No. 13 TA), filed to operate as a contract carrier, by motor J. F. Meglen, Post Office Box 1581, Bill­ June 24, 1970. Applicant: BAKER PE- vehicle, over irregular routes, transport­ ings, Mont. 59103. Authority sought to

FEDERAL REGISTER, VOL. 35, NO. 129-^FRIDAY, JULY 3, 1970 NOTICES 10883

[Notice 554] proved the transfer to King B. Rowland operate as a common carrier, by motor Trucking, Inc., New London, Ohio, of the vehicle, over irregular routes, transport­ MOTOR CARRIER TRANSFER operating rights in Permit Nos. MC ing: Iron and steel articles, from Henne­ PROCEEDINGS pin, 111., to Arvada, Aurora, Commerce 126910 and MC 126910 (Sub-No. 2), is­ J une 30,1970. sued August 24, 1965 and April 28, 1970, City, Englewood, Lakewood, Littleton, respectively, to King B. Rowland, New and Wheatridge, Colo., for 180 days. Synopses of orders entered pursuant London, Ohio, authorizing the transpor­ Supporting shipper: Jones & Laughlin to section 212(b) of the Interstate Com­ tation of clay and concrete products, Steel Corp., .3 Gateway Center, Pitts­ merce Act, and rules and regulations drainage materials, pipe liners, and burgh, Pa. 15230. Send protests to: Paul J. prescribed thereunder (49 CFR Part coupling from New London, and Findlay, Labane, District Supervisor, Interstate 1132), appear below: Ohio to points in New York and Pennsyl­ Commerce Commission, Bureau of Oper­ As provided in the Commission’s spe­ vania and between New London and ations, Room 251, U.S. Post Office Build­ cial rules of practice any interested per­ Findlay, Ohio, on the one hand, and, on ing, Billings, Mont. 59101. son may file a petition seeking recon­ the other, Corunna, Mich.; and tile and No. MC 134614 (Sub-No. 1 TA), filed sideration of the following numbered drainage materials, fittings, connection June 24, 1970. Applicant: > SELLAND proceedings within 20 days from the date lines and filters between New London, AUTO TRANSPORT, 67 i5 Corson of publication of this notice. Pursuant Ohio and Corunna, Mich., on the one Avenue South, Seattle, Wash. 98108. Ap­ to section 17(8) of the Interstate Com­ hand, and, on the other, points in Michi­ plicant’s representative: Clyde Maclver, merce Act, the filing of such a petition gan and Ohio. Paul F. Beery, Beery, Pat­ 3712 Seattle First National Bank Build­ will postpone the effective date of the terson & Pemberton, 88 East Broad ing, Seattle, Wash. 98104. Authority order in that proceeding pending its dis­ Street, Columbus, Ohio 43215. sought to operate as a common carrier, position. The matters relied upon by by motor vehicle, over irregular routes, petitioners must be specified in their [seal] H. N eil G arson, transporting: New and used automobiles petitions with’ particularity. Secretary. and light-duty trucks, between Seattle, No. MC-FC-72127. By order of June [F.R. Doc. 70-8515; Filed, July 2, 1970; Wash., and points in Washington, and 10, 1970, the Motor Carrier Board ap­ 8:48 a.m.] Oregon, for 150 days. Supporting ship­ proved the transfer to Delta Express, pers: Mazda Motors of America, Inc., 120 Inc., Natchitoches, La., of the operating [Notice No. 554A] Andover Park East, Seattle, Wash. 98188; rights in certificate No. MC-133168 and Bob McConkey’s South Seattle Auto permit No. MC-117969 (Sub-No. 3) is­ MOTOR CARRIER TRANSFER Auction, 10844 East Marginal Way South, sued December 6, 1968, and March 20, PROCEEDINGS Seattle, Wash. 98168. Send protests to: 1964, respectively to Stanley J. Smith, doing business as S. J. Smith Trucking J une 30, 1970. E. J. Casey, District Supervisor, Inter­ Service, Joyce, La., authorizing the Application filed for temporary au­ state Commerce Commission, Bureau of transportation of lumber and veneer thority under section 210(a) (b) in con­ Operations, 6130 Arcade Building, lumber stock from Joyce, La., to points nection with transfer application under Seattle, Wash. 98101. in Mississippi and a described area of section 212(b) and Transfer Rules, 49 No. MC 134721 TA, filed June 24, 1970. Texas, and treated poles and piling from CFR Part 1132: Applicant: GEORGE M. DZIAK, doing Winfield, La., to a described area of No. MC-FC-72251. By application filed Texas. John Schwab, Post Office Box June 26, 1970, EUGENE TRIPP, 4624 business as DZIAK PRODUCE CO., West 3036, Baton Rouge, La. 70821, attorney South Avenue West, Missoula, Mont. 1201 Ide Avenue, Spokane, Wash. 99201. for applicants. 59801, seeks temporary authority to lease Applicant’s representative: Donald A. No. MC-FC-72215. By order of June the operating rights of WARREN C. Ericson, Suite 708, Old National Bank 25, 1970, the Motor Carrier Board ap­ SHEPARD and RAYMOND CLAIR- Building, Spokane, Wash. 99201. Author­ proved the transfer to Al’s Towing Serv­ MONT, doing business as C & S DIS­ ity sought to operate as a common car­ ice, Inc., Covington, Ky., of Certificate TRIBUTORS, 320 West Central Avenue, rier, by motor vehicle, over irregular No. MC 123724, issued March 2, 1962, to Missoula, Mont. 59801, under section Russell T. Smith, doing business as Syca­ 210a(b). The transfer to EUGENE routes, transporting: Bananas, in mixed more Sales and Service, Mason, Ohio, TRIPP, of the operating rights of WAR­ loads with exempt commodities, from authorizing the transportation of: Dis­ REN C. SHEPARD and RAYMOND points in Los Angeles County, Calif., to abled motor vehicles, in wrecker service, CLAIRMONT, doing business as C & S the port of entry at the international replacement vehicles for disabled motor DISTRIBUTORS, is presently pending. boundary line between the United States vehicles, incidental to the performance No. MC-FC-72252. By application filed and Canada near Patterson, Wash., for of wrecker service, disabled buses, in June 26, 1970, INDUSTRIAL CARTAGE, wrecker service, and disabled aircraft, INC., 9120 San Fernando Road, Sun 180 days. Supporting shipper: F. W. from and to points in Alabama, Arkan­ Valley, Calif., seeks temporary authority Wholesale, Ltd., 156 Wellington Street, sas, Georgia, Illinois, Indiana» Kansas, to lease the operating rights of IRISH Trail1, British Columbia, Canada. Send Kentucky, Michigan, Missouri, North TRUCK LINES, INC., 1736 Chapin Road, protests to: L. C. Taylor, District Super­ Carolina, Tennessee, Virginia, West Vir­ Montebello, Calif. 90640, under section visor, Interstate Commerce Commission, ginia, Wisconsin, and points in Hamilton 210a(b). The transfer to INDUSTRIAL Bureau of Operations, 401 U.S. Post and Clermont Counties, Ohio; and from CARTAGE, INC., of the operating rights and to points in Ohio, and the above of IRISH TRUCK LINES, INC., is pres­ Office, Spokane, Wash. 99201. named States to Cleveland, and Cincin­ ently pending. By the Commission. nati, Ohio, Louisville, Ky., Detroit, Mich., and Chicago, 111. David A. Caldwell, 900 By the Commission. [seal] H. Neil G arson, Tri-State Building, Cincinnati, Ohio [seal] H. Neil G arson, Secretary. 45202, attorney for applicants. Secretary. [F.R Doc. 70-8513; Piled, July 2, 1970; No. MC-FC-72217. By order of June [F.R. Doc. 70-8514; Filed, July 2, 1970; 8:48 a.m.] 25, 1970, the Motor Carrier Board ap­ 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 129— FRIDAY, JULY 3, 1970 No. 129- 10884 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— JULY

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 July.

3 CFR Page 12 CFR— Continued Page 30 CFR Page P roclamations: P roposed R u l e s : P roposed R u l e s: 3991. 10643 329— 10868 75. 10867 3992. 10729 3993 10731 13 CFR 31 CFR E xecutive O rders: 101 ______10753 505------10759 11248 (amended by EO 11540) _ 10735 121 ______10753 11452 (see EO 11541)______10737 32 CFR 11472 (see EO 11541)______10737 14 CFR 561------10847 11493 (seeEO 11541)______10737 21______10653 11514 (seeEO 11541)______10737 37______10653 33 CFR 11538 ______10645 39______10754,10855 117------10758 11539 ______10733 j ~71______10653-10655, 10754, 10755 11540 ______10735 P roposed R u l e s: 75______10653,10655 82___ 10696 11541 ______10737 93______10856 121____ 10653 117______10774,10775 7 CFR 127______10653 135______r.______10653 36 CFR 7______— ____ 10831 145______10653 6— _____ 10658 20______10837 7------10658 28______10739 P roposed R u l e s : 220______10739 71_____ 10776 38 CFR 725______10838 159______10695 908_—______10739 2 _ 10759 16 CFR 3 ______s.______10648 910 ______10840 18a______10759 911 ______10662 3______10655 18b______10760 915______10840 13______10755 917______— 10663 21______10765 922______10664 944 ______10740 18 CFR 41 CFR 945 ______10840 601______10756 60-1______10660 947______10740 101-32______T______10773 991______10743 19 CFR 1032______10744 P roposed R u l e s: 42 CFR 1050______10744 78______10855 1094______10665 4______„ ______10692 1103______«______10675 22______10692 P roposed R u l e s: 1421______10745, 10747, 10842 81______10774 1822______10687 21 CFR 43 CFR P roposed R u l e s: 135b______10856 147______10857 Ch. H______'______10660 1030______10692 148i______10656 1032______10692 320______10857 45 CFR 1036______10774 177______10652 1046___.______10692 22 CFR 1049 ______10692 4 6 CFR 1050 ______10692 51______10656 1062______10692 541______10858 1099______10692,10695 24 CFR 1136-...... 10774 47 CFR 203______10648 15______10766 9 CFR 207______10648 76______10652,10751 220______10648 49 CFR 1914 ______10649 10858 1915 ______10651 172 _ 10 CFR 173 _ 10858 26 CFR 392 _ 10859 14______10750' 10859 P roposed R u l e s : 393 _ 1033____ 10661 12 CFR 20______10862 10662 204______10846 25______10862 1048____ 217______10846 531______10751 29 CFR 50 CFR 545______—______10751 102 ______10657 33______10773 556______10751 531______10757 80______10647