FEDERAL REGISTER VOLUME 35 • NUMBER 181 Thursday, September 17, 1970 • Washington, D.C. Pages 14531-14600

Agencies in this issue— The President Agricultural Research Service Agriculture Department Atomic Energy Commission Civil Aeronautics Board Coast Guard Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission . Federal Reserve System Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Health, Education, and Welfare Department Interim Compliance Panel (Coal Mine Health and Safety) Interior Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau Public Health Service Railroad Retirement Board Detailed list of Contents appears inside. Current White House Releases

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COMMODITY CREDIT FEDERAL MARITIME THE PRESIDENT CORPORATION COMMISSION proclamation Rules and Regulations Notices Com loan and purchase program, Agreements filed for approval: General Pulaski’s Memorial Day, 1970; correction______14540 8900 L in es______14586 1970______14535 Farrell Lines, Inc., et a l ______14586 CONSUMER AND MARKETING Port of Seattle, Wash., and Pacific Molasses Co.; order of investi­ EXECUTIVE AGENCIES SERVICE gation and hearing______14586 Rules and Regulations. AGRICULTURAL RESEARCH Import regulations: FEDERAL POWER COMMISSION SERVICE Grapefruit ------14537 Notices L im e s ------14538 Rules and Regulations Colorado Interstate Gas Co.; Vegetables______— 14539 notice of application______14587 Hog cholera and other communi­ Limes grown in Florida; quality cable swine diseases; areas and size regulation------14537 FEDERAL RESERVE SYSTEM quarantined (2 documents)— - 14540 Milk handling: Eastern Ohio-Western Pennsyl­ Notices AGRICULTURE DEPARTMENT vania marketing area------14539 Girard Trust Co.; order approv­ Ohio Valley marketing area----- 14539 See also Agricultural Research ing assumption of bank liabili­ Valencia oranges grown in Ari­ Service; Commodity Credit Cor­ ties ______14587 zona and designated part of Cal­ poration; Consumer and Mar­ Midwest Bancorporation, Inc.; ifornia; handling limitations—_ 14537 keting Service. application for approval of Proposed Rule Making acquisition of shares of bank___ 14588 Notices Certain .varieties of pears grown South Carolina; designation of FEDERAL TRADE COMMISSION areas for emergency loans------14574 in Oregon, Washington, and California; expenses and rate Rules and Regulations of assessment______14555 Arlington Imports, Inc., et al.; ATOMIC ENERGY COMMISSION Raisins produced from grapes prohibited trade practices_____ 14544 Notices grown in California; handling (3 documents)______*____ 14555, 14556 General Electric Co., and South­ FISH AND WILDLIFE SERVICE west Atomic Energy Associates; Rules and Regulations order extending provisional op­ FEDERAL AVIATION erating license expiration date. 14564 ADMINISTRATION Minnesota; hunting on certain wildlife refuges (4 documents) _ 14553, Rules and Regulations 14554 CIVIL AERONAUTICS BOARD Airworthiness directives: Rules and Regulations Domier airplanes------14541 FOOD AND DRUG SLAI Marchetti airplanes------14542 ADMINISTRATION Inauguration and temporary sus­ Federal airway segment; altera­ pension of scheduled route serv­ tion ______— 14542 Rules and Regulations- ice authorized by certificates of public and necessity______14542 Proposed Rule Making Blue cheese and gorgonzola Reduction in retention period of Control zones and transition cheese; identity standards_____ 14545 authorizations, records, reports, areas; proposed alteration_____ 14560 Food additives; dichlorodifluoro- registers and supporting papers Transition areas; proposed desig­ methane______14545 incident to the transportation of nations (2 documents).— 14560,14561 Proposed Rule Making persons or property at free or Canned fruit cocktail, identity reduced rates______14542 FEDERAL COMMUNICATIONS standard ___------14557 COMMISSION Notices Notices Rules and Regulations Hearings, etc.: Abbott Laboratories; withdrawal Dean Van Lines, Inc., et al------14582 New York Decca Navigation of approval of new animal drug Puerto Rico International Air­ Chain; extension______14552 applications ______14574 lines, Inc______14582 Proposed Rule Making Railway Express Agency, Inc., Diamond Laboratories; with- et al______^______14583 FM broadcast stations, Forest drawal of application approval. 14574 City, N.C., et a l; table of assign­ Drugs for human use; drug effi­ COAST GUARD ments ______14561 cacy study implementation (6 Licensee control of matter broad­ documents) ______— 14574-14581 Rules and Regulations cast during telephone interview programs on standard, FM, and HEALTH, EDUCATION, AND Drawbridge operation regulations: TV broadcast stations.------14563 Hackensack River, Little Ferry, WELFARE DEPARTMENT Notices N .J .______14551 See also Food and Drug Adminis­ Pee Dee River, S.C______14551 Standard broadcast applications tration; Public Health Service. ready and available for process­ Proposed Rule Making ing ______14585 Notices Cancellation o f endorsements for Hearings, etc.: Assistant Secretary for Health temporary service______14559 Crain, Albert L., and Raymond and Scientific Affairs; delega­ Drawbridge regulations: I. Kandel______14583 tion of authority------— 14581 Indiana Broadcasting Corp. Halifax River (A IW W ), F la .— 14558 (Continued on next page) Petaluma River, Calif______14558 (WISH-TV) — ______14584 14533 14534 CONTENTS

INTERIM COMPLIANCE PANEL INTERSTATE COMMERCE Notices (COAL MINE HEALTH AND COMMISSION Land classifications: SAFETY) Rules and Regulations California (3 documents) _ 14565-14568 Montana ______14569 Notices Commercial zones: N evada______14570 Kansas City, Mo-Kansas City, New Mexico..______14564 Interim mandatory dust stand­ K a n s ______14552 O regon ------'14570 ard; opportunity for public Minneapolis-St. Paul, Minn____ 14553 hearing ______14588 U ta h ------14573 Notices INTERIOR DEPARTMENT Exempt status of pre-cooked and PUBLIC HEALTH SERVICE cooked poultry; petition for See also Pish and Wildlife Service; declaratory order______14596 Proposed Rule Making Land Management Bureau. Fourth section application for re­ Formula for determining respira­ Notices lief ______14596 ble dust standard when quartz Increased freight rates; 1971_____ 14598 is present______14557 Commissioner of Indian Affairs; Motor carrier: delegation of authority------14573 Broker, water carrier and freight RAILROAD RETIREMENT BOARD Preservation, use and manage­ forwarder applications______14588 ment of fish and wildlife re­ Temporary authority applica­ Rules and Regulations sources ______14573 tions (2 documents)___ 14596, 14597 Miscellaneous amendments to Transfer proceedings (2 docu­ chapter______» _ 14543 INTERNAL REVENUE SERVICE ments) ______14598 TRANSPORTATION DEPARTMENT Rules and Regulations LAND MANAGEMENT BUREAU See Coast Guard; Federal Avia­ Distilled spirits plants; miscel­ Rules and Regulations tion Administration. laneous amendments______14549 Public Land Orders: Estimated income tax by corpora­ Id a h o ______14551 TREASURY DEPARTMENT tion; adjustment of overpay­ N evada______14551 ment ______14546 O regon ______14551 See Internal Revenue Service.

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, 4970, and specifies how they are affected.

3 CFR 16 CFR P roposed R u l e s : 117 (2 documents)____r______14558 P roclamation : 13______14544 4002______14535 20 CFR 43 CFR P u b l ic L and O r ders: 7 CFR 200 ______, ______14543 908______14537 -210______14543 2407 (revoked in part by PLO 911______14537 250______^______14543 4891)______14551 944 (2 documents)______14537,14538 260______14543 4667 (revoked by PLO 4892)__ 14551 980______14539 4891 ______14551 1033______14539 21 CFR 4892 ______14551 4893 ______14551 1036______14539 19______14545 1421______14540 121______14545 46 CFR P roposed R u l e s : P roposed R ules: P roposed R u l e s : 927______14555 27______. . . 14557 989 (3 documents)______14555, 14556 11______•______14559 26 CFR 47 CFR 9 CFR 1______14546 76 (2 documents)______14540 201 ______... ______14549 87______14552 301______r . . — ______14546 P roposed R u l e s : 14 CFR 73 (2 documents)______14561,14563 39 (2 documents)______14541,14542 30 CFR 71______. . . . 14542 P roposed R ules: 49 CFR 205______14542 70______14557 1048 (2 documents)______14552,14553 249 ______. . . 14542 P roposed R u l e s : 33 CFR 50 CFR 71 (3 documents)______14560, 14561 117 (2 do cu m en ts)______14551 32 (4 documents)______14553,14554

\

/ Presidential Documents

Title 3— THE PRESIDENT Proclamation 4002 GENERAL PULASKI’S MEMORIAL DAY, 1970 By the President of the United States of America A Proclamation On this the one hundred and ninety-first anniversary of the death of Casimir Pulaski, we recall with gratitude his gallant efforts and his sacrifice in helping this country to win its independence. General Pulaski died on October 11,1779, of a wound received two days earlier while leading a cavalry charge in the city of Savannah, Georgia. This anniversary reminds us of his great contribution and that of succeeding generations of American citizens of Polish origin to the freedom and progress of this Nation. It is appropriate that we commemorate General Pulaski’s belief in liberty for which he gave his life in the cause of American independ­ ence. In doing so, we dedicate ourselves anew to those fundamental ideals of freedom on which this Nation was founded and has prospered. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate Sunday, October 11, 1970, as General Pulaski’s Memorial Day; and I direct the appropri­ ate Government officials to display the flag of the United States on all Government buildings on that day. I also invite the people of the United States to observe that day with appropriate ceremonies in honor of the memory of General Pulaski. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of September, in the year of our Lord nineteen hundred and seventy, and of the Independence of the United States of America the one hundred and ninety-fifth.

[F.R.Doc. 70-12468; Filed, Sept. 16,1970 ; 8: 52 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970

14537 Rules and Regulations

dlers of such Valencia oranges; it is nec­ cient; and this amendment relieves re­ Title 7— AGRICULTURE essary, in order to effectuate the declared strictions on the h a n dlin g of limes grown policy of the act, to make this section in Florida. Chapter IX— Consumer and Market­ effective during the period herein speci­ Order. In § 911.330 (Lime Reg. 28; 35 ing Service (Marketing Agreements fied; and compliance with this section F.R. 6699, 10662) the introductory text and Orders; Fruits, Vegetables, will not require any special preparation of paragraph (b) and subparagraph (2) Nuts), Department of Agriculture on the part of persons subject hereto thereof are amended to read as follows: which cannot be completed on or before §911.330 Lime Regulation 28. [Valencia Orange Beg. 331] the effective date hereof. Such committee * * * * * PART 908— VA LEN CIA ORANGES meeting was held on September 15,1970. (b) During the period September 14, GROWN IN ARIZONA AND DESIG­ (b) Order. (1) The respective quanti­ ties of Valencia oranges grown in Ari­ 1970, through April 30, 1971, no handler NATED PART OF CALIFORNIA zona and designated part of California shall handle: Limitation of Handling which may be handled during the period *'***♦ September 18, 1970, through Septem­ (2) Any limes of the group known as § 908.631 Valencia Orange Regulation ber 24, 1970, are hereby fixed as follows: 331. large fruited or Persian limes (includ­ (1) District 1: 322,000 cartons; ing Tahiti, Bearss, and similar varieties) (a) Findings. (1) Pursuant to the (ii) District 2: 378,000 cartons; which do not grade at least U.S. Com­ marketing agreement, as amended, and (iii) District 3: Unlimited movement. bination, Mixed Color, with not less than Order No. 908, as amended (7 CFR Part (2) As used in this section, “handler” , 75 percent, by count, of the limes in any 908), regulating the handling of Valencia “District 1", “District 2”, “District 3”, container thereof grading at least U.S. oranges grown in Arizona and designated and “carton” have the same meaning as No. 1, Mixed Color: Provided, That stem part of California, effective under the when used in said amended marketing length shall not be considered a factor applicable provisions o f the Agricultural agreement and order. of grade, and tolerances for fruit affected Marketing Agreement Act of 1937, as (Sec& 1-19, 48 Stat. 31, as amended; 7 U.S.C. by decay and for fruit failing to meet amended (7 U.S.C. 601-674), and upon 601-674) the requirements set forth in the U.S. the basis of the recommendations and Standards for Persian (Tahiti) Limes information submitted by the Valencia Dated: September 16,1970. shall apply; or Orange Administrative Committee, es­ A u t h o r E. B r o w n e , ***** tablished under the said amended mar­ Deputy Director, Fruit and Veg­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. keting agreement and order, and upon etable Division, Consumer and 601-674) other available information, it is hereby Marketing Service. * found that the limitation of handling of Dated, September 11, 1970, to become [F.B. Doc. 70-12486; Filed, Sept. 16, 1970; effective September 14, 1970. such Valencia oranges, as hereinafter 11:49 a.m.] provided, will tend to effectuate the P a u l A . N ic h o l s o n , declared policy of the act. Acting Director, Fruit and Veg­ (2) ■ It is hereby further found that it [Lime Beg. 28, Arndt. 2] etable Division, Consumer and is impracticable and contrary to the pub­ PART 911— LIMES GROWN IN Marketing Service. lic interest to give preliminary notice, FLORIDA [F.B. Doc. 70-12409; Filed, Sept. 16, 1970; engage in public rule-making procedure, 8:51 a.m.] and postpone the effective date of this Quality and Size Regulation section, until 30 days after publication Findings. (1) Pursuant to the market­ hereof in the Federal Register (5 U.S.C. [Grapefruit Beg. 11; Grapefruit Beg. 10 553) because the time intervening be­ ing agreement, as amended, and Order Terminated] No. 911, as amended (7 CFR Part 911>, the date when information upon tween regulating the handling of limes grown PART 944— FRUIT; IMPORT which this section is based became avail­ in Florida, effective under the applicable REGULATIONS and the time when this section must able provisions of the Agricultural Marketing effective in order to effectuate the become Agreement Act of 1937, as amended (7 Grapefruit declared policy of the act is insufficient, U.S.C. 601-674), and upon the basis of the § 944.107 Grapefruit Regulation 11. and a reasonable time is permitted, un­ recommendations of the Florida Lime der the circumstances, for preparation Administrative Committee, established (a) On and after September 21, 1970, such effective time; and good cause for under the aforesaid amended marketing the importation into the United States of making the provisions hereof exists for agreement and order, and upon other any grapefruit is prohibited unless such effective as hereinafter set forth. The available information, it is hereby found grapefruit is inspected and meets the committee held an open meeting during that the limitation of handling of limes, following requirements: current week, after giving due notice the as hereinafter provided, will tend to ef­ ~ (1) Seeded grapefruit shall grade at thereof, to consider supply and market fectuate the declared policy of the act. least U.S. No. 1 and be of a size not conditions for Valencia oranges and the (2) It is hereby further found thatsmaller than 3t%6 inches in diameter, need for regulation; interested persons it is impracticable, unnecessary, and con­ except that a tolerance of 10 percent, by were afforded an opportunity to submit trary to the public interest to give pre­ count, of seeded grapefruit smaller than information and views at this meeting; liminary notice, engage in public such minimum size shall be permitted, the recommendation and supporting in­ rule-making procedure, and postpone which tolerance shall be applied in ac­ formation for regulation during the pe­ the effective date of this amendment un­ cordance with the provisions for the ap­ riod specified herein were promptly sub­ til 30 days after publication thereof in plication of tolerances, specified in the mitted to the Department after such the F ederal R eg ister (5 U.S.C. 553) in United States Standards for Florida meeting was held; the provisions of this that the time intervening between the Grapefruit; and section, including its effective time, are date when information upon which this (2) Seedless grapefruit shall grade at identical with the aforesaid recommen­ amendment is based became available least Improved No. 2 and be of a size not dation of the committee, and information and the time when this amendment must smaller than 3%6 inches in diameter, concerning such provisions and effective become effective in order to effectuate except that a "tolerance of 10 percent, by time has been disseminated among han­ the declared policy of the act is insuffi­ count, of seedless grapefruit smaller than

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14538 RULES AND REGULATIONS such m inim u m size shall be permitted, Federal-State Inspection Service shall which makes such regulation mandatory; which tolerance shall be applied in ac­ be in accordance with the rules and (b) the grade and size requirements of cordance with the provisions for the ap­ regulations of the Department governing this import regulation are the same as plication of tolerances, specified in the the inspection and certification of fresh those being made applicable to domestic U.S. Standards for Florida Grapefruit. fruits, vegetables, and other products shipments of grapefruit under Grapefruit (“Improved No. 2” shall mean grapefruit (7 CFR Part 51). The cost of any inspec­ Regulation 69 (§ 905.525) ; (c) compli­ grading at least U.S. No. 2 and also meet­ tion and certification shall be borne by ance with this import regulation will not ing the requirements of the U.S. No. 1 the applicant therefor. require any special preparation which grade as to shape (form) and color.) (e) Each inspection certificate issued cannot be completed by the effective (b) The Federal or Federal-State In­ with respect to any- grapefruit to be im­ time; (d) notice hereof in excess of three spection Service, Fruit and Vegetable ported into the United States shall set days, the minimum that is prescribed by Division, Consumer and Marketing forth, among other things: said section 8e, is given with respect Service, UJS. Department of Agriculture, (1) The date and place of inspection; to this import regulation; and (e) such is hereby designated as the governmental (2) The name of the shipper, or notice is hereby determined, under the inspection service for the purpose of cer­ applicant; circumstances, to be reasonable. tifying the grade, size, quality, and ma­ (3) The commodity inspected; (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. turity of grapefruit that are imported (4) The quantity of the commodity 601-674) covered by the certificate ; into the United States. Inspection by Dated: September 14,1970. the Federal or Federal-State Inspec­ (5) The principal identifying marks tion Service with appropriate evidence on the container; P a u l A . N ic h o l s o n , thereof in the form of an official inspec­ (6) The railroad car initials and num­ Acting Director, Fruit and Veg­ tion certificate, issued by the respective ber, the truck and the trailer license etable Division, Consumer and service, applicable to the particular ship­ number, the name of the vessel, or other Marketing Service. identification of the shipment; and ment of grapefruit, is required on all [F.R. Doc. 70-12410; Filed, Sept. 16, 1970; imports of grapefruit. Such inspection (7) The following statement if the 8:51 a.m.] and certification services will be avail­ facts warrant: Meets U.S. import re­ quirements under section 8e of the Ag­ able upon application in accordance „ [Lime Reg. 3, Arndt. 16] with the rules and regulations governing ricultural Marketing Agreement Act of inspection and certification of fresh 1937, as amended. pa rt 944— FRUIT; IMPORT (f) Notwithstanding any other provi­ fruits, vegetables, and other products REGULATIONS (7 CFR Part 51) but, since inspectors sion of this regulation, any importation are not located in the immediate vicinity of grapefruit which, in the aggregate Limes of some of the small ports of entry, such does not exceed five standard nailed boxes, or equivalent quantity, may be Pursuant to the provisions of section as those in southern California, import­ 8e of the Agricultural Marketing Agree­ ers of grapefruit should make arrange­ imported without regard to the restric­ tions specified herein. ment Act of 1937, as amended (7 U.S.C. ments for inspection, through the appli­ 601-674), the provisions of paragraph cable one of the following offices, at least (g) It is hereby determined that im­ ports of grapefruit, during the effective (a) (2) of § 944.202 (Lime Regulation 3, the specified number of days prior to the 35 F.R. 10740) are hereby amended to time when the grapefruit will be time of this regulation, are in most di­ read as follows: imported: rect competition with grapefruit grown in the State of Florida. The requirements § 944.202 Lime Regulation 3. set forth in this section are the same Ports Office Advance (a) * * * notice as those being made effective for grape­ fruit grown in Florida. (2) Such limes of the group known as (h) No provisions of this section shall large fruited or Persian limes (including All Texas L. M. Denbo, 606 South 1 day. points. Nebraska St., San Juan, supersede the restrictions or prohibitions Tahiti, Bearss, and similar varieties) Tex. 78689 (Phone— on grapefruit under the Plant Quaran­ grade at least U.S. Combination, Mixed 612-787-4091), or tine Act of 1912. Color, with not less than 75 percent, by A. D. Mitchell, Rooin 616, Do. (i) Nothing contained in this regu­ count, of limes in any container thereof U.S. Courthouse, El Paso, Tex. 79901 (Phone— lation shall be deemed to preclude any grading at least U.S. No. 1, Mixed Color: 915-533-9361, Ext. 6340). importer from reconditioning prior to Provided, That stem length shall not be All New York Edward J. Beller, Room Do. importation any shipment of grapefruit considered a factor of grade, and toler­ points. 28A Hunts Point Market, Bronx, N.Y. 10474 for the purpose of making it eligible for ances for fruit affected by decay and for (Phone—212-991-7668 and importation. fruit failing to meet requirements set 7669). All Arizona B. O. Morgan, 225 Terrace Do. (j) The terms used herein relating to forth in the U.S. Standards for Persian points. Ave., Nogales, Ariz. 86621 grade, diameter, standard pack, and (Tahiti) Limes, shall apply; (Phone—602-287-2902). Lloyd W. Boney, 1350 Do. standard box shall have the same mean­ * * * * * All Florida ing as when used in the U.S. Standards points. Northwest 12th Ave., It is hereby found that it is impracti­ Room 538, Miami, Fla. for Florida Grapefruit (7 CFR 51.750- 33136 (Phone—305-371- cable, unnecessary, and contrary to the 2571), 51.783). Importation means release from or custody of the U.S. Bureau of Customs. public interest to give preliminary notice, Hubert S. Flynt, 775 Warner Do. engage in public rule-making procedure, Lane, Orlando, Fla. 32812 § 944.106 [Terminated] (Phone—305-841-2141). and postpone the effective time of this All California Daniel P. Thompson, 784 3 days. Grapefruit Regulation 10 (§ 944.106, amendment beyond that hereinafter points. South Central Ave., specified (5 U.S.C. 553) in that (a) the Room 294, Los Angeles, 33 F.R. 14365, 17895; 34 F.R. 7898, 11135, Calif. 90012 (Phone—213- 14383; 35 F.R. 5462, 6747, 7504) is requirements of this amended import 622-8756). regulation are imposed pursuant to sec­ All other points. D. S. Matheson, Fruit and Do. hereby terminated at the effective time Vegetable Division, Con­ hereof. tion 8e of the Agricultural Marketing Agreement Act of 1937, as amended (7 sumer and Marketing It is hereby found that it is impracti­ Service, U.S. Department U.S.C. 601-674), which makes such regU" of Agriculture, Washing­ cable, unnecessary, and contrary to the ton, D.C. 20250 (Phone— lation mandatory; (b) such regulation 202-388-5870). public interest to give preliminary notice, engage in public rule-making procedure, imposes the same restrictions being made applicable to domestic shipments of limes and postpone the effective time of this under amended Lime Regulation 28 (c) Inspection certificates shall cover regulation beyond that herein specified (§ 911.330) which becomes effective Sep­ only the quantity of grapefruit that is (5 U.S.C. 553) in that (a) the require­ tember 14, 1970; (c) compliance with being imported at a particular port of ments of this import regulation are imr this amended import regulation will not entry by a particular importer. posed pursuant to section 8e of the (d) The inspection performed, arid Agricultural Marketing Agreement Act require any special preparation which certificates issued, by the Federal or of 1937, as amended (7 U.S.C. 601-674), cannot be completed by the effective time

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 RULES AND REGULATIONS 14539 hereof; and (d) this amendment relieves Dated: September 11, 1970, to become (a) This termination is necessary to restrictions on the importation o f limes. effective September 26, 1970. correct an inadvertent change in the classification of fluid milk products that (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. P a u l A . N ic h o l s o n , 601-674) Acting Director, Fruit and Vege­ are transferred from a pool plant to a producer-handler plant; and Dated, September 11, 1970, to become table Division, Consumer and Marketing Service. (b) This termination order does not effective September 14, 1970. require of persons affected substantial [F.R. Doc. 70-12411; Filed, Sept. 16, 1970; P a u l A . N ic h o l s o n , or extensive preparation prior to the 8:51 a.m.] Acting Director, Fruit and Vege­ effective date. table Division, Consumer and Therefore, good cause exists for mak­ Marketing Service. Chapter X— Consumer and Marketing ing this order effective upon publication in the F ederal R eg ist e r . [F.R. Doc. 70-12408; Filed, Sept. 16, 1970; Service (Marketing Agreements and 8:51 a.m.] It is therefore ordered, That the afore­ Orders; Milk), Department of Agri­ said provisions of the order are hereby culture terminated. [980.109 Arndt. 2] [Milk Order No. 33] (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.O. 601-674) PART 980— VEGETABLES; IMPORT PART 1033— MILK IN OHIO VALLEY REGULATIONS MARKETING AREA Effective date: Upon publication in the F ederal R eg ist e r . Onions Order Terminating Certain Provisions Signed at Washington, D.C., on Pursuant to the requirements of section This termination order is issued pur­ September 10, 1970. 8e-l of the Agricultural Marketing suant to the provisions of the Agricul­ Agreement Act of 1937, as amended (7 tural Marketing Agreement Act of 1937, R ic h ar d E. L y n g , Assistant Secretary. U.S.C. 608e-l), Onion Import Regula­ as amended (7 U.S.C. 601 et seq.), and tion, § 980.109, is hereby amended to con­ of the order regulating the handling of [F.R. Doc. 70-12347; Filed, Sept. 16, 1970; form to a simultaneous amendment to milk in the Ohio Valley marketing area. 8:46 a.m.] the regulation in effect for domestic ship­ It is hereby found and determined ments of onions under Marketing Order that the following provisions of the order [Milk Order No. 36] No. 958, as amended (7 CFR Part 958) do not tend to effectuate the declared regulating the handling of onions grown policy of the Act: In § 1033.43(b), the PART 1036— MILK IN EASTERN OHIO- in the Idaho-Eastern Oregon production provisions “I f Class n or Class I I I utiliza­ WESTERN PENNSYLVANIA MAR­ area, as set forth below. This regulation tion is requested by the operators of both KETING AREA is subject to further amendment in ac­ plants, such classification shall be as cordance with domestic regulations. Class n and Class II I milk to the extent Order Terminating Certain Provisions Onion import regulation, as amended. of such utilization at the transferee This termination order is issued pur­ In § 980.109 (35 F.R. 11225, 12530) para­ plant;” . suant to the provisions of the Agricul­ graph (a) is hereby amended to change Statement of consideration. The termi­ tural Marketing Agreement Act of 1937, the minimum size for yellow varieties nation of these provisions will result in as amended (7 U.S.C. 601 et seq.), and from 2 inches to 2l/4 inches minimum the Class I classification of all fluid milk of the order regulating the handling of diameter, so that said paragraph (a) will products that are transferred from a pool milk in the Eastern Ohio-Western read as follows: plant to a producer-handler plant. Under Pennsylvania marketing area. § 980.109 Onion import regulation. the present order provisions, such trans­ It is hereby found and determined that ***** fers may be assigned a Class I I or Class the following provisions of the amended classification, to the extent of such (a) Minimum grade and size require­in order issued on August 25, 1970 (35 F.R. use, if the operators of both plants re­ ments— (1) Yellow varieties— (i) Grade. 13774), which becomes effective Octo­ quest such classification. U.S. No. 2 or better grade. ber 1,1970, will not tend to effectuate the The provisions being terminated be­ declared policy of the Act: In § 1036.43 (ii) Size. 2% inches minimum di­ came effective on August 1, 1970, when (b ), the provisions “If Class n or Class ameter. the former Cincinnati, Miami Valley, in utilization is requested by the opera­ (2) White varieties— (i) Grade. U.S. Columbus, Northwestern Ohio, and Tri- tors of both plants, such classification No. 2 or better, grade. State orders were merged under the shall be as Class n or Class III milk to (ii) Size. 1 inch minimum diameter. present Ohio Valley order. Under each the extent of such utilization at the ***** of the five separate orders, fluid milk transferee plant ; ”. The termi­ Findings. It is hereby found that it is products transferred from a pool plant Statement of consideration. impractical and unnecessary to give pre­ to a producer-handler plant were classi­ nation of these provisions will continue liminary notice or engage in public rule fied as Class I milk. It was proposed at under the said amended order the present making procedure, and that good cause the hearing on which the merger of Class I classification of fluid milk prod­ exists for not postponing the effective orders was based that this classification ucts that are transferred from a pool be continued. No other proposal on this plant to a producer-handler plant. W ith­ date of this amendment until 30 days particular issue was made, nor was it out this termination action, any such after publication in the F ederal R egister found in the decision proposing the transfers made on or after October 1, (5 U.S.C. 553) in that (1) the require­ merged order that marketing conditions 1970, could be assigned a Class H or Class ments of section 608e-l of the act make warranted a change in such classifica­ I I I classification, to the extent of such this amendment mandatory, (2) com­ tion. In drafting the provisions of the use, if the operators of both plants request such classification. pliance with this amendment will not re­ Ohio Valley order, it was not intended that the Class I classification of such Hearings were held on September 9-15, quire any special preparation by im­ transfers to producer-handler plants that 1969, and July 29, 1970, on proposed porters which cannot be completed by existed under the separate orders be amendments to the Eastern Ohio- the effective date, and (3) notice hereof changed. Western Pennsylvania order. The classi­ is hereby determined to be reasonable in It is hereby found and determined that fication of fluid milk products that are uccordance with the requirements of the notice of proposed rule making, public transferred to a producer-handler plant was not an issue in these proceedings. In act and it is in excess of the minimum procedure thereon, and 30 days’ notice of drafting the amendments to the order Period of 3 days specified in the act. the effective date hereof are impractical, on the basis of such hearings, it was not (Secs- !-19, 48 Stat. 31, as amended; 7 U.S.C. unnecessary and contrary to the public intended that the present classification of °01-674) interest in that: such transfers be changed.

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 No. i8i_ _ 2 14540 RULES AND REGULATIONS

The amended order to which this 1962 (21 U.S.C. 111-113, 114g, 115, 117, Marys County; thence, following the termination action applies becomes effec­ 120, 121, 123-126, 134b, 134f), Part 76, Maryland-Potomac River bank in a gen­ tive on October 1,1970. The correction of Title 9, Code of Federal Regulations, re­ erally northwesterly direction to the the amended order should be made by stricting the interstate movement of Prince Georgés County-District of Co­ that date. Thus, it is hereby found and swine and certain products because of lumbia boundary line; thence, following determined that notice of proposed rule hog cholera and other communicable the Prince Georges County-District of making, public procedure thereon, and swine diseases, is hereby amended in the Columbia boundary line in a northeast­ 30 days’ notice of the effective date following respects: erly and thence, northwesterly direction hereof are impractical, unnecessary, and 1. In § 76.2 in subparagraph (e) (6) to its junction with U.S. Highway 50. contrary to the public interest. relating to the State of Missouri, new * . * * * * Therefore, good cause exists for mak­ subdivisions (vi) relating to Stoddard (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, ing this order effective upon publication County and (vii) relating to Scott County 2, 32 Stat. 791-792, as amended, secs. 1-4, 33 in the F ederal R e g ist e r . are added to read: Stat. 1264, 1265, as amended, sec. 1, 75 Stat. I t is therefore ordered, That the afore­ (6) Missouri.'* * * 481, secs. 3 and 11, 76 Stat. 130, 132; 21 U.S.C. said provisions of the order are hereby I l l , 112, 113, 114g, 115, 117, 120, 121, 123-126, (vi) That portion of Stoddard County 134b, 134f; 29 F.R. 16210, as amended) terminated. bounded by a line beginning at the junc­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. tion of State Highways J and W W ; Effective date. The foregoing amend­ 601-674) thence, following State Highway W W in ments shall become effective upon a generally southerly direction to U.S. issuance. Effective date: Upon publication in Highway 60; thence, following U.S. High­ The amendments quarantine portions the F ederal R eg ist e r . way 60 in a southwesterly direction to the of Stoddard and Scott Counties in Mis­ Signed at Washington, D.C., on Stoddard-Butler County line; thence, souri; all of Charles, St. Marys, and Cal­ September 10, 1970. following the Stoddard-Butler County vert Counties and portions of Prince line in a generally northwesterly direc­ Georges and Anne Arundel Counties in R ich ar d E. L y n g , Maryland because of the existence of hog Assistant Secretary. tion to the Stoddard-Wayne County line; thence, following the Stoddard-Wayne cholera. This action is deemed necessary [F.R. Doc. 70-12348; Filed, Sept. 16, 1970; County line in an easterly direction to to prevent further spread of the disease. 8:46 a.m.] State Highway T; thence, following State The restrictions pertaining to the inter­ Highway T in a generally easterly di­ state movement o f swine and swine rection to State Highway J; thence, fol­ products from or through quarantined Chapter XIV— Commodity Credit Cor­ lowing State Highway J in a southerly areas as contained in 9 CFR Part 76, as poration, Department of Agriculture and easterly direction to its junction amended, will apply to the quarantined SUBCHAPTER B— LOANS, PURCHASES, AND with State Highway WW. portions of such counties. OTHER OPERATIONS (vii) That portion of Scott County The amendments impose certain fur­ ther restrictions necessary to prevent the [COC Grain Price Support Regs., 1970 Crop bounded by a line beginning at the junc­ Corn Supp.] tion of U.S. Highway 61 and the St. Louis interstate spread of hog cholera and South Western Railroad; thence, follow­ must be made effective immediately to PART 1421— GRAINS AND SIMILARLY ing U.S. Highway 61 in a generally south­ accomplish their purpose in the public HANDLED COMMODITIES westerly direction to the Oran-Benton interest. Accordingly, under the admin­ gravel road; thence, following the Oran- istrative procedure provisions in 5 U.S.C. Subpart— 1970 Crop Corn Loan and Benton gravel road in a generally south­ 553, it is found upon good cause that no­ Purchase Program westerly direction to State Highway W; tice and other public procedure with re­ Correction thence, following State Highway W in a spect to the amendments are impracti­ southwesterly direction to the Missouri cable and contrary to the public interest, In F.R. Doc. 70-11725 appearing at Pacific Railroad; thence, following the and good cause is found for making them page 14121 in the issue for Saturday, Missouri Pacific Railroad in a northwest­ effective less than 30 days after publica­ September 5,1970, the following changes erly direction to the Scott-Cape Girar­ tion in the F ederal R e g ist e r . should be made: deau County line; thence, following the Done at Washington, D.C., this 11th 1. In § 1421.113(b) (2) the deduction Scott-Cape Girardeau County line in a day of September 1970. rate for the dates of Aug. 16-Sept. 4,1970, northeasterly direction to Drainage now reading “ 18” should read “ 17”. Ditch No. 1; thence, following Drainage F. J. M u l h e r n , 2. The word “country” appearing in Ditch No. 1 in a northeasterly direction Acting Administrator, the first and second lines of § 1421.116(a) to the St. Louis South Western Railroad; Agricultural Research Service. should read “county” in both cases. thence, following the St. Louis South [F.R. Doc. 70-12345; Filed, Sept. 16, 1970; Western Railroad in a generally north­ 8:46 a.m.] easterly direction to its junction with U.S. Highway 61. [Docket No. 70-262] Title 9— ANIMALS AND 2. In § 76.2, subparagraph (e )(7 ) re­ lating to the State of Maryland, subsec­ PART 76— HOG CHOLERA AND tion (i) relating to Charles and Prince OTHER COMMUNICABLE SWINE ANIMAL PRODUCTS Georges Counties is deleted, and a new DISEASES Chapter I— Agricultural Research subsection (i) relating to Charles, St. Service, Department of Agriculture Marys, Calvert, Prince Georges, and Anne Areas Quarantined Arundel Counties is added to read: Pursuant to provisions of the Act of SUBCHAPTER C— INTERSTATE TRANSPORTATION (7) Maryland, (i) That portion of the OF ANIMALS AND POULTRY May 29, 1884, as amended, the Act State of Maryland comprised of all of of February 2, 1903, as amended, the [Docket No. 70-263] Charles, St. Marys, and Calvert‘Counties, Act of March 3, 1905, as amended, PART 76— HOG CHOLERA AND and portions of Prince Georges and Anne the Act of September 6,1961, and the Act Arundel Counties, and bounded by a line of July 2, 1962 (21 U.S.C. 111-113, ll4g, OTHER COMMUNICABLE SWINE beginning at the junction of U.S. High­ 115, 117, 120, 121, 123-126, 134b, 134f>, DISEASES way 50 and the Prince Georges County- Part 76, Title 9, Code of Federal Regu­ Areas Quarantined District of Columbia boundary line; lations, restricting the interstate move­ thence, following U.S. Highway 50 in a ment of swine and certain products Pursuant to provisions of the Act of generally northeasterly direction to the because of hog cholera and other com­ May 29, 1884, as amended, the Act of Chesapeake Bay Bridge; thence, follow­ municable swine diseases, is hereby February 2, 1903, as amended, the Act ing the west coast line of Chesapeake Bay amended in the following respects: of March 3, 1905, as amended, the Act of in a generally southerly direction to 1. In § 76.2, in subparagraph (e) (10) September 6, 1961, and the Act of July 2, Point Lookout at the south tip of St. relating to the State of North Carolina,

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 RULES AND REGULATIONS 14541 subdivision (iii) relating to Currituck, State line in a westerly direction to the Camden, Pasquotank, Perquimans, Cho­ Southhampton-Greensville County line, Title 14— AERONAUTICS AND wan, and Gates Counties is amended to also the Meherrin River; thence, fol­ read: lowing the Southampton-Greensville SPACE County line in a generally northwesterly (10) North Carolina. * * * Chapter I— Federal Aviation Admin­ (iii) That portion of the State of and thence in a northeasterly direction North Carolina comprised of all of Cur­ to the Sussex-Greensville County line; istration, Department of Transpor­ rituck, Camden, Pasquotank, Perqui­ thence, following the Sussex-Greensville tation mans, Chowan, and Gates Counties and County line in a northwesterly and [Docket No. 10578; Arndt. 39-1080] bounded by a line beginning at the junc­ thence a northeasterly direction to In ­ tion of the Chowan River and the North terstate Highway 95; thence, following PART 39— AIRWORTHINESS Carolina-Virginia State line ; thence, fol­ Interstate Highway 95 in a northeasterly DIRECTIVES lowing the east bank of the Chowan direction to the Sussex-Prince George River in a generally southeasterly direc­ County line; thence, following the Sus­ Dornier Model Do—28D-1 Airplanes tion to the Albermarle Sound; thence, sex-Prince George County line in a It has been determined that the following the north coast line of the Al­ northeasterly direction to the Surry- jumper wires (electrical bonding straps) bermarle Sound in a generally north­ Prince George County line; thence, fol­ in the right and left wing on Dornier easterly direction to Powells Point at the lowing the Surry-Prince George County Model Do-28D-l airplanes may interfere south tip of Currituck County; thence, line in a northeasterly direction to its with the aileron and flap control sys­ following the west coast line of Currituck junction with the James River. tem. This could result in failure or Sound in a generally northwesterly di­ 3. In § 76.2, subparagraph (e) (19) blockage of the controls on these air­ rection along Coin jack Bay, Tule Bay, relating to the State of Illinois, subdi­ planes. Since this condition is likely to and the west bank of the North Landing vision (i) relating to Macoupin County exist or develop in other airplanes of River to the North Carolina-Virginia is deleted. the same type design, ail airworthiness State line; thence, following the North (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, directive is being issued to require the Carolina-Virginia State line in an east­ 2, 32 Stat. 791-792, as amended, secs. 1-4, 33 installation of shorter jumper wires, erly direction to the east bank of the Stat. 1264, 1265, as amended, sec. 1, 75 Stat. covering the jumper wires with insula­ North Landing River; thence, following 481, secs. 3 and 11, 76 Stat. 130, 132; 21 tion tubing, and the rerouting of certain the east bank of the North Landing U.S.C. I l l , 112, 113, 114g, 115, 117, 120, 121, wires. River in a generally southeasterly direc­ 123-126, 134b, 134f; 29 F.R. 16210, as amended) Since a situation exists that requires tion and continuing along the east coast immediate adoption of this regulation, line of the Currituck Sound, to the Cur­ Effective date. The foregoing amend­ it is found that notice and public pro­ rituck-Dare County line; thence, follow­ ments shall become effective upon cedure hereon are impracticable and ing the Currituck-Dare County line in a issuance. northeasterly -direction to the Atlantic good cause exists for making this amend' The amendments exclude portions of ment effective in less than 30 days. Ocean; thence, following the Currituck Greensville and Powhatan Counties in In consideration of the foregoing, and County-Atlantic Ocean coast line in a Virginia; a portion of Dare Comity, northwesterly direction to the North N.C.; and a portion of Macoupin County, pursuant to the authority delegated to Carolina-Virginia State line; thence, fol­ HI., from the areas quarantined because me by the Administrator (14 CFR lowing the North Carolina-Virginia of hog cholera. Therefore, the restric­ 11.89), § 39.13 of Part 39 of the Federal State line in a westerly direction to its tions pertaining to the interstate move­ Aviation Regulations is amended by add­ junction with the Chowan River. ment of swine and swine products from ing the following new airworthiness ***** or through quarantined areas as con­ directive: 2. In § 76.2 subparagraph (e) (17) re­ tained in 9 CFR Part 76, as amended, lating to the State of Virginia is will not' apply to the excluded areas, but Dornier AG. Applies to Model DO-28D—1 amended to read: will continue to apply to the quaran­ Airplanes. (17) Virginiaé (i) That portion of the tined areas described in § 76.2. Further, To prevent interference between the State of Virginia comprised of all of city the restrictions pertaining to the inter­ jumper wires and the aileron and flap con­ of Virginia Beach, city of Chesapeake, state movement of swine and swine prod­ trol systems, within the next 50 hours’ time city of Norfolk, city of Portsmouth, and ucts from nonquarantined areas con­ in service after the effective date of this Nansemond, Isle of Wight, Southhamp­ tained in said Part 76 will apply to the AD, unless already accomplished, rework the ton, and Surry Counties, and a portion excluded areas. jumper wire installations located in the of Sussex County, and bounded by a line The amendments relieve certain re­ right and left wing by installing shorter beginning at the junction of the Surry- strictions presently imposed and must jumper wires, covering the jumper wires with Prince George County line and the be made effective immediately to be of insulation tubing, and rerouting wires in James River; thence, following the south maximum benefit to affected persons. accordance witli Dornier Service Bulletin No. bank of the James River in a generally Accordingly, under the administrative 1030-1408, dated July 6, 1970, or an FAA- southeasterly direction along Cobham procedure provisions in 5 U.S.C. 553, it Bay, Batten Bay, the south coastline of is found upon good cause that notice and approved equivalent, Hampton Roads and Willoughby Bay to other public procedure with respect to This amendment becomes effective the city of Norfolk-Chesapeake Bay the amendments are impracticable and September 22, 1970. coastline; thence, following the city of unnecessary, and good cause is found Norfolk-Chesapeake Bay coastline in a (Secs. 313

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14542 RULES AND REGULATIONS

[Docket No. 10579; Amdt. 39-1081] that the Greeson Lake VOR is no longer In consideration of the foregoing, the required in the air traffic control system Civil Aeronautics Board hereby revises PART 39— AIRWORTHINESS thereby permitting its decommissioning Part 205 of the economic regulations (14 DIRECTIVES and the realignment of V-124 from Paris CFR Part 205) effective September 14, SIAI Marchetti Model 205—22/R dirpct to Hot Springs. 1970, as follows: Accordingly, action is taken herein to 1. Amend the table of contents to read, Airplanes redesignate V-124 segment from Paris in part, as follows: There has been a report of a malfunc­ direct to Hot Springs. Since this amend­ Sec. ment is minor in nature and no substan­ tion of the flap position locking mech­ ♦ ♦ * * * anism resulting in loss of a selected flap tive change in the regulation is effected, position on SIAI Marchetti Model 205— notice and public procedure thereon are 205.4 Answers by interested persons and re­ plies thereto. 22/R airplanes. Since this condition is unnecessary. However, since it is neces­ likely to exist or develop on other air­ sary that sufficient time be allowed to * * * * * planes of the same type design, an air­ permit appropriate changes to be made 2. Amend the title and content of worthiness directive is being issued to on aeronautical charts, this amendment § 205.4 to read as follows: require replacement of the existing lock­ will become effective moj:e than 30 days after publication. § 205.4 Answers by interested persons ing pawl and cup to improve the security and replies thereto. of the flap control unlocking rod nut. In consideration of the foregoing, Part Since a situation exists that requires 71 of the Federal Aviation Regulations (a) Any interested person may file immediate adoption of this regulation, it is amended, effective 0901 G.m.t., Decem­ with the Board and serve upon the appli­ is found that notice and public proce­ ber 10, 1970, as hereinafter set forth. cant a written answer in opposition to or dure hereon are impracticable and good In § 71.123 (35 F.R. 2009) V-124 text in support of an application made pur­ cause exists for making this amendment is amended by deleting “ Greeson Lake, suant to § 205.3 within twenty (20) days effective in less than 30 days. Ark.;” . of the filing thereof. Such answer shall In consideration of the foregoing, and set forth in detail the reasons why the (Sec. 307(a), Federal Aviation Act of 1958, 49 postponement of inauguration of service pursuant to the authority delegated to U.S.C, 1348; sec. 6 (c), Department of Trans­ me by the Administrator (14 CFR 11.89), portation Act, 49 U.S.C. 1 6 5 5 (C )) or temporary suspension of service § 39.13 of Part 39 of the Federal Avia­ should be denied or authorized, with a tion Regulations is amended by add­ Issued in Washington, D.C., on Sep­ statement of economic data and other ing the following new airworthiness tember 9, 1970. matters which it is desired that the H . B. H e ls t r o m , directive: Board shall officially notice. An executed Chief, Airspace and Air Original and 19 copies of such answer SIAI Marchetti, Applies to Model 205-22/R Traffic Rules Division. shall be filed with the Docket Section. airplanes. To prevent malfunction of the flap posi­ [F.B^ Doc. 70-12378; Filed, Sept. 16, 1970; (b) Within seven (7) days from the tion locking mechanism, within the next 8:49 ajn.] date of service of an answer, the appli­ 25 hours’ time in service after the effective cant may file a reply thereto and shall date of this AD, unless already accomplished, serve it upon any person who has filed replace the flap system locking pawl (P/N Chapter II—-Civil Aeronautics Board an answer. An executed original and 19 205-6-052-22) and cup (P/N 205-6-052-23) SUBCHAPTER A— ECONOMIC REGULATIONS copies of such reply shall be filed with with a modified locking pawl (P/N 205-6- the Docket Section. 052-22/A ) and modified cup (P/N 205-6-052- [Regulation ER-645; Amdt. 3] 23/A) in accordance with SIAI Marchetti (Sec. 204 of the Federal Aviation Act of 1958, Technical Instruction No. 205 1-13, dated PART 205 — INAUGURATION AND as amended, 72 Stat. 743; 49 U.S.C. 1324) April 3, 1970, or an FAA-approved equivalent. TEMPORARY SUSPENSION OF Effective: September 14, 1970. . (S IA I Marchetti Service Bulletin No. 205B25 SCHEDULED ROUTE SERVICE AU­ Adopted: September 14, 1970. refers to this subject.) THORIZED BY CERTIFICATES OF This amendment becomes effective PUBLIC CONVENIENCE AND By the Civil Aeronautics Board. September 22, 1970. • NECESSITY [ s e a l ] H a r r y J. Z i n k , Secretary. (Secs. 313(a), 601, 603, Federal Aviation Act Answers by Interested Persons and of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. [F.R. Doc. 70-12419; Filed, Sept. 16, 1970; 6 (c), Department of Transportation Act, 49 Replies Thereto 8:52 a n . ] U.S.C. 1655(c)) Adopted by the Civil Aeronautics Issued in Washington, D.C., on Sep­ Board at its office in Washington, p.C., [Regulation ER-646; Amdt. 13] tember 10, 1970. on the 14th day of September 1970. H a r r y A. T u r n p a u g h , Section 205.4 of Part 205 of the eco­ PART 249— PRESERVATION OF AIR Acting Director, nomic regulations presently allows any CARRIER ACCOUNTS, RECORDS, Flight Standards Service. interested person to file and serve an AND MEMORANDA answer to an application for temporary [F.R. Doc. 70-12377; Filed, Sept. 16, 1970; Reduction in Retention Period of Au­ 8:48 a.m.] suspension or delayed '.Inauguration of service. Further pleadings are not enter­ thorizations, Records, Reports, Reg­ tained unless ordered by the Board. In isters and Supporting Papers Inci­ [Airspace Docket No. 70-SW-51] most cases, however, applicants have dent to the Transportation of PART 71— DESIGNATION OF FEDERAL moved for leave to file a reply to an answer, and the motion is usually un­ Persons or Property at Free or Re­ AIRWAYS, AREA LOW ROUTES, opposed and routinely granted. duced Rates CONTROLLED AIRSPACE, AND RE­ Since the existing rule does not con­ Adopted by the Civil Aeronautics PORTING POINTS form to practice and since it tends to Board at its office in Washington, D.C., Alteration of Federal Airway Segment hinder rather than facilitate the expedi­ on the 14th day of September, 1970. tious processing of applications for sus­ By Regulation ER-598, effective and The purpose of this amendment to pension dr delayed inauguration of serv­ adopted December 11, 1969, the Board Part 71 of the Federal Aviation Regula­ ice, § 205.4 is being amended to permit reduced the retention period from 2 tions is to redesignate the segment of applicants to file replies to answers 7 years to 1 year for flight and auditor’s VOR Federal airway No. 124 between days after service of the latter. coupons by revising § 249.13(f) Schedule Paris, Tex., and Hot Springs, Ark. Since the amended rule is one of agency of Records categories 151(a) and 151(b) This segment of V-124 is presently des­ procedure and practice, the Board finds of Part 249 of the economic regulations. ignated from Paris via the Greeson Lake, that notice and public procedure thereon That action reduced to some extent a Ark„ VOR to Hot Springs. The Federal are not required, and the rule will be burdensome storage facilities expense to Aviation Administration has determined made effective immediately. the carriers while making available such

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 RULES AND REGULATIONS 14543 records for a period sufficient to meet duced-rate transportation records for peals procedure, see Part 260 of this chap­ the Board’s purposes. 12 months would be adequate for reg­ ter.) An applicant, after he has unsuc­ Recently, a carrier reported to the ulatory purposes. Since the procedures cessfully appealed to the Board itself Board that it attaches authorization for outlined by the corresponding carrier, and has thus exhausted all administrative free and reduced-rate tickets to the au­ or procedures similar thereto, may be in remedies within the Board, may obtain ditor’s coupons as support for issuance use by others in the industry, the Board a review of a final decision of the Board of these tickets. The carrier stated that believes that relief should be, and is by filing a petition for review, within 1 since the Economic Regulations, cate­ hereby, granted to all air carriers. year after the entry of the decision on gories 151(a) and 151(b), require that Because this amendment does not ad­ the records of the Board and its com­ flight and auditor’s coupons be retained versely affect any person and relieves munication to the applicant, in the U.S. for a minimum period of 1 year and that a restriction heretofore imposed upon court of appeals for the circuit in which authorizations for free and reduced-rate air carriers, the Board finds that notice the applicant resides, or in the U.S. tickets, category 153, be retained for a and public procedure are unnecessary Court of Appeals for the Seventh Circuit, minimum of 3 years the advantage and the amendment shall be made effec­ or in the U.S. Court of Appeals for the of destroying their records at the ear­ tive immediately. District of Columbia Circuit. liest possible date is lost. Therefore, the Accordingly, the Board hereby amends paragraph (f) of § 249.13 (14 CFR 249.- § 200.2 Designation of forms and in­ carrier requested that the Board review structions. this regulation to determine the need 13), effective September 14, 1970, by re­ for and intent of maintaining two sepa­ vising category 153 in the “ Schedule of (a) * * * rate retention periods for associated Records” table to read as follows: (21) Form AC-2, Appeal from Deci­ sion of the Referee. This is the form documents. § 249.13 Period o f preservation o f rec­ After reviewing § 249.13 of the eco­ ords by certificated route air carriers. prescribed for filing an appeal from a nomic regulations, the Board has con­ * * * * * decision of the referee with respect to a determination made in connection with cluded that retention of free and re- (f) * * * an application for annuity or death Schedule of Re coeds benefits in accordance with §§ 260.3 and 260.4 of this chapter. Category of records Period to be retained Microfilm § 210.8 W hen an application is consid­ indicator ered fully exhausted. * * * • * * • * • (a) An application for an annuity 153. Authorizations, records, reports, registers, and supporting papers shall be considered fully exhausted on incident to the transportation of persons or property at free or reduced rates. 1 year...... 7T...... the date of notice of the initial deci­ * * * * * « * * * sion denying the applicaht’s claim if the notice of decision was dated after (Secs. 204 and 407 of the Federal Aviation Act and 250.10(a)), and §§ 260.1(a), 260.2, September 7, 1961, and was not appealed of 1958, as amended, 72 Stat. 743, 766; 49 and 260.3 of Part 260 (20 CFR 260.1(a), as prescribed in Part 260 of this chapter. U.S.C. 1324, 1377) 260.2, and 260.3) of the regulations un­ I f a timely appeal is taken from such Effective: September 14,1970. der such act are amended by Board Or­ an initial decision, the annuity applica­ der 70-83, dated August 26, 1970, to read tion shall be considered fully exhausted Adopted: September 14, 1970. as follows: on. the date of notice of the decision of By the Civil Aeronautics Board. the referee unless a timely appeal from § 200.1 The general course and method that decision is filed with the Board. [ seal] H a r r y J. Z i n k , by which the Board’s functions are Where such an appeal is filed, the an­ Secretary. channeled and determined. nuity application shall be considered [F.R. Doc. 70-12418; Filed, Sept. 16, 1970; (a) Retirement and death benefits.fully exhausted on the date of notice 8:52 a.m.] Retirement and death benefits must be of the decision of the Board. applied for by filing application therefor. § 250.8 Witnesses. (For details as to application, see Parts 210 and 237 of this chapter.) The Bureau (a) In any hearing before the Board, Title 20— EMPLOYEES’ of Retirement Claims considers the ap­ a member thereof, or a designated sub­ plication and the evidence and informa­ ordinate or subordinates, witnesses may BENEFITS tion submitted with it. Wage and service be summoned to appear and give records maintained by the Board are testimony. Chapter II— Railroad Retirement checked and if necessary, further evi­ § 250.9 Application for witnesses. Board dence is obtained from the employee, the employer, fellow employees, public rec­ The Board, a member thereof, or a PART 200— PROCEDURES AND ords and any other person or source designated subordinate or subordinates, FORMS available. The Bureau makes a decision conducting a hearing may upon its or their own motion or upon application of PART 210— EXECUTION AND FILING on the application in the first instance. An applicant dissatisfied with the Bu­ any party to such hearing issue a sub- OF AN APPLICATION FOR AN reau’s decision may, upon filing notice pena for a witness or witnesses. The ap­ ANNUITY within 1 year from the date the decision plication shall be by affidavit filed with the body or person conducting the hear­ PART 250— REPORTS, INFORMATION, is mailed to the applicant, appeal to the Office of Hearings and Appeals. There ing within such period of time as will HEARINGS AND WITNESSES he may have an oral hearing before a permit service and return of a subpena referee of which a stenographic record is prior to the date set for the hearing at PART 260— APPEALS WITHIN THE which the witness is to appear but in BOARD made, submit additional evidence, be represented, and present written and no case shall such application be filed Miscellaneous Amendments oral argument. If dissatisfied with the later than 10 days prior to the date of decision of the referee, the applicant may hearing. The application shall set forth: Pursuant to the general authority con- appeal to the Board itself. This appeal (a) The name of the witness. amed in section 10 of the act of June 24, must be made on a prescribed form with­ (b) His address. 1937 (50 Stat. 314, as amended: 45 U.S.C. in 4 months of the date a copy of the (c) The title of the matter to be heard, f 28J), §§ 200.1(a) and 200.2(a) (21) of referee’s decision was mailed to him. If i.e., names of parties. f®ft 200 (20 CPR 200.1(a) and 200.2 new evidence is received, the Board may (d) The issue to which the testimony 1 ))’ § 210.8(a) of Part 210 (20 CFR remand the case to the referee for in­ of the witness will be directed. ¿10.8(a)), §§ 250.8(a), 250.9, and 250.10 vestigation and recommendation on the (e) The substance of the testimony (a) of Part 250 (20 CPR 250.8(a), 250.9, new evidence. (For details on all ap­ which such witness is expected to give

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14544 RULES AND REGULATIONS

or the facts to which such witness will made, and shall not have any other in­ (c) The right to further review of a i testify. terest in the matter which might prevent decision of the referee shall be forfeited _

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 RULES AND REGULATIONS * 14545

September 9, 1970, the fifth line of para­ (2) I f the food contains an optional Effective date. This order shall become graph number 7, now reading “respond­ mold-inhibiting ingredient as specified effective 60 days after its date of publi­ ents’ agents, representatives, and”, in paragraph (d) of this section, the cation in the F ederal R e g ist e r , except should read “respondents’ Volkswagens label shall bear the statement “ ------as to any provisions that may be stayed and with such”. ___ :_added to retard surface mold by the filing of proper objections. Notice growth” or “ ______added as a of the filing of objections or lack thereof preservative,” the blank being filled in will be given by publication in the F ed­ with the common name or names of the eral R eg ist e r . Title 21— FOOD AND DRUGS mold-inhibiting ingredient or ingredients (Secs. 401, 701, 52 Stat. 1046, 1055, as Chapter I— Food and Drug Adminis­ used. amended 70 Stat. 919, 72 Stat. 948; 21 TJ.S.C. (3) Whenever the name of the food 341, 371) tration, Department of Health, Edu­ appears on the label so conspicuously Dated: September'8, 1970. cation, and Welfare as to be easily seen under customary S a m D. F i n e , SUBCHAPTER B— FOOD AND FOOD PRODUCTS conditions of purchase, the words and statements prescribed in this paragraph Associate Commissioner PART 19 — CHEESES, PROCESSED showing the optional ingredients used for Compliance. CHEESES, CHEESE FOODS, CHEESE shall immediately and conspicuously pre­ [F.R. Doc. 70-12368; Filed, Sept. 16, 1970; SPREADS, AND RELATED FOODS cede or follow such name without inter­ 8:48 a.m.] vening written, printed, or graphic Blue Cheese and Gorgonzola Cheese matter. Identity Standards; Sorbic Acid and 2. In § 19.567 by revising paragraph PART 121— FOOD ADDITIVES Its Salts as Optional Ingredients (d) and redesignating it as paragraph (e) and by adding a new paragraph (d ), Subpart D— Food Additives Permitted In the matter of amending the stand­ as follows: in Food for Human Consumption ards of identity for blue cheese (21 CFR 19.565) and gorgonzola cheese (21 CFR § 19.567 Gorgonzola cheese; identity; D ichlorodiflttoromethane 19.567) to provide for the optional ap­ label statement of optional ingre­ The Commissioner of Food and Drugs, plication to the food surface of sorbic dients. having evaluated the data submitted in a acid, potassium sorbate, and sodium sor- * * **' * * petition (FAP 9H2401) filed by Glidden- bate, singly or in combination, in an (d ) The food may have applied to itsDurkee Division, SMC Corp., 900 Union amount not to exceed 0.3 percent by surface an optional mold-inhibiting in­ Commerce Building, Cleveland, Ohio weight, calculated as sorbic acid: gredient consisting of sorbic acid, potas­ 44115, and other relevant material, con­ A notice of proposed rule making in the sium sorbatd, sodium sorbate, or any cludes that the food additive regulations above-identified matter was published combination of two or more of these in should be amended to provide for the in the F ederal R egister of May 15, 1970 an amount not to exceed 0.3 percent by safe use of dichlorodifluoromethane as a (35 F.R. 7568), based on a petition filed weight, calculated as sorbic acid. carrier gas and diluent of ethylene oxide by the National Cheese Institute, Inc., (e) (1) If the milk used is bleached, when used as a fumigant for the control 110 North Franklin Street, Chicago, HI. the label shall bear the statement “ milk of micro-organisms and insect infesta­ 60606. The one comment received did not bleached with benzoyl peroxide.” tion in ground spices and other processed object to the proposed use of the sor- (2) I f the food contains an optional natural seasoning materials, except mix­ bates but included questions on the tech­ mold-inhibiting ingredient as specified in tures with added salt. Therefore, pursu­ nology of application of the antimycotic paragraph (d) of this section,' the label ant to provisions of the Federal Food, and the sampling procedure to determine shall bear the statement “ ______Drug, and Cosmetic Act^sec. 409(c) (1), compliance. added to retard surface mold growth” or 72 Stat. 1786; 21 U.S.C. 348(c)(1)) and Having considered the comment re­ “ ______added as a preservative,” under authority delegated to the Com­ ceived, the information submitted by the the blank being filled in with the com­ missioner (21 CFR 2.120), § 121.1232(a) petitioner, and other relevant material, mon name or names of the mold-inhibit­ is revised to read as follows: the Commissioner of Food and Drug con­ ing ingredient or ingredients used. (3) Whenever the name of the food §121.1232 Ethylene oxide. cludes that it will promote honesty and * * * * * fair dealing in the interest of consumers appears on the label so conspicuously as to amend the standards for blue cheese to be easily seen under customary con­ (a) Ethylene oxide, either alone or ad­ and gorgonzola cheese as proposed. ditions of purchase, the words and state­ mixed with carbon dioxide or dichloro­ difluoromethane, shall be used in Therefore, pursuant to provisions of the ments prescribed in this paragraph Federal Food, Drug, and Cosmetic Act showing the optional ingredients used amounts not to exceed that required to (secs, 401, 701, 52 Stat. 1046, 1055, as shall immediately and conspicuously pre­ accomplish the intended technical ef­ amended 70 Stat. 919, 72 Stat. 948; 21 cede or follow such name without inter­ fects. If used with dichlorodifluorometh­ tJ.S.C. 341, 371) and under authority vening written, printed, or graphic ane, the dichlorodifluoromethane shall delegated to the Commissioner (21 CFR matter. conform with the requirements pre­ 2.120) : It is ordered, That Part 19 be Any person who will be adversely af­ scribed by § 121.1209(a). amended as follows: fected by the foregoing order may at any ***** 1. In § 19.565 by revising paragraph time within 30 days after its date of pub­ Any person who will be adversely af­ (d) and redesignating it as paragraph lication in the F ederal R eg ister file with fected by the foregoing order may at any (e) and by adding a new paragraph (d), the Hearing Clerk, Department of time within 30 days after its date of pub­ as follows: Health, Education, and Welfare, Room lication in the F ederal R e g ister file with 6-62, 5600 Fishers Lane, Rockville, Md. the Hearing Clerk, Department of 819.565 Blue cheese; identity; label 20852, written objections thereto. Objec­ Health, Education, and Welfare, Room statement o f optional ingredients. tions shall show wherein the person filing 6-62, 5600 Fishers Lane, Rockville, Md. ***** will be adversely affected by the order 20852, written objections thereto in (d) The food may have applied to its and specify with particularity the provi­ quintuplicate. Objections shall show surface an optional mold-inhibiting in­ sions of the order deemed objectionable wherein the person filing will be adversely gredient consisting of sorbic acid, potas­ and the grounds for the objections. I f a affected by the order and specify with sium sorbate, sodium sorbate, or any hearing is requested, the objections must particularity the provisions of the orders combination of two or more of these in state the issues for the hearing and such deemed objectionable and the grounds an amount not to exceed 0.3 percent by objections must be supported by grounds for the objections. I f a hearing is re­ legally sufficient to justify the relief weight, calculated as sorbic acid. quested, the objections must state the sought. Objections may be accompanied (e) ( l) if the milk used is bleached, by a memorandum or brief in support issues for the hearing. A hearing will be the label shall bear the statement “ milk thereof. All documents shall be filed in granted if the objections are supported bleached with benzoyl peroxide.” six copies. by grounds legally sufficient to justify the

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14546 RULES AND REGULATIONS relief sought. Objections may be accom­ graph (d ). The amended provisions read (3) Limitation. No application under this panied by a memorandum or brief in as follows: section shall be allowed unless the amount support thereof. of the adjustment equals or exceeds (A ) 10 § 1.1502—78 Tentative carryback ad­ percent of the amount estimated by the cor­ Effective date. This order shall become justments and adjustments o f over­ poration on its application as its income effective on its date of publication in the payments o f estimated income tax. tax liability for the taxable year, and F ederal R eg ist e r . (B ) $500. (a) General rule for tentative carry­ (4) Effect of adjustment. For purposes of (Sec. 4 0 9 (c)(1), 72 Stat. 1786; 21 U.S.C. 348 back adjustments. * * * this title (other than section 6655), any ad­ ( c ) ( 1 )) - * * * * * justment under this section shall be treated (d) Adjustments of overpayment's of as a reduction, in the estimated income tax Dated: September 8,1970. paid, made on the day the credit is allowed estimated income tax. I f a group paid its S a m D. F i n e , or the refund is paid. Associate Commissioner estimated income tax on a consolidated (c) Definitions. For purposes of this sec­ basis, then any application under section for Compliance. tion and section 6655(g) (relating to exces­ 6425 for an adjustment of overpayment sive adjustment) — [F.R. Doc. 70-12369; Filed, Sept. 16, 1970; of estimated income tax shall be made by (1) The term “income tax liability” means 8:48 a.m.] the common parent corporation. I f the the excess of— members of a group paid estimated in­ (A) The tax imposed by section II or 1201 (a ), or subchapter L of chapter 1, whichever come taxes on a separate basis, then any is applicable, over application under section 6425 shall be (B) The credits against tax provided by Title 26-INTERNAL REVENUE made by the member of the group which part IV of subchapter A of chapter 1. Chapter I— Internal Revenue Service, claims an overpayment on a separate (2) The amount of an adjustment under Department of the Treasury basis. Any refund allowable under an this section is equal to the excess of— application under section 6425 shall be (A) The estimated income tax paid by the SUBCHAPTER A— INCOME TAX corporation during the taxable year, over made directly to and in the name of the (B ) The amount which, at the time of [TX>. 7059] corporation filing the application. filing the application, the corporation esti­ P ar. 2. There are inserted immediately mates as its income tax liability for the tax­ PART 1— INCOME TAX; TAXABLE able year. YEARS BEGINNING AFTER DE­ following § 1.6414-1, the following new (d ) Consolidated returns. I f the corpora­ CEMBER 31, 1953 sections: tion seeking an adjustment under this sec­ tion paid its estimated income tax on a con­ PART 301— PROCEDURE AND § 1.6425 Statutory provisions; adjust­ solidated basis or expects to make a con­ ment o f overpayment o f estimated solidated return for the taxable year, this ADMINISTRATION income tax by corporation. section shall apply only to such extent and Adjustment of Overpayment of Esti­ Sec. 6425. Adjustment of overpayment of subject to such conditions, limitations, and estimated income tax by corporation— (a) exceptions as the Secretary or his delegate mated Income Tax by Corporation Application for adjustment— (1) Time for may by regulations prescribe. On June 17, 1970, notice of proposed filing. A corporation may, after the close of [Sec. 6425 as added by sec. 103(d), Revenue rule making with respect to amendment the taxable year and on 6r before the 15th and Expenditure Control Act 1968 (82 Stat. day of the third month thereafter, and before 262) ] of the Income Tax Regulations (26 CFR the day on which it flies a return for such Part 1) and the Regulations on Pro­ taxable year, file an application for an ad­ § 1.6425—1 Adjustment of overpayment cedure and Administration (26 CFR Part justment of an overpayment by it, of esti­ of estimated income tax by corpora­ 301) under sections 6425 and 6655 (relat­ mated income tax for such taxable year. An tion. ing to quick refunds of corporate esti­ application under this subsection shall not mated tax payments) to reflect the constitute a claim for credit or refund. (a) In general. Any corporation which changes made by section 103 of the (2) Form of application, etc, An applica­has made an overpayment of estimated tion under this subsection shall be verified income tax for a taxable year beginning Revenue and Expenditure Control Act of in the manner prescribed by section 6065 in 1968 (82 Stat. 262) was published in the after December 31,1967, may file an ap­ the case of a return of the taxpayer, and shall plication for an adjustment of such over­ F ederal R e g ist e r . After consideration be filed in the manner and form required by of all such relevant matter as was pre­ regulations prescribed by the Secretary or his payment. The right to file an application sented by interested persons regarding delegate. The application shall set forth— for an adjustment of overpayment of the rules proposed, the amendment of (A) The estimated income tax paid by the estimated income tax is limited to corpo­ the regulations as proposed is hereby corporation during the taxable year, rations. adopted, subject to the change set forth (B) The amount which, at the thne of (b) Contents of application. (1) The filing the application, the corporation esti­ application for an adjustment of over­ below: mates as its income tax liability for the The notice of proposed rule making is taxable year, payment of estimated income tax shall amended by adding at the end thereof (C) The amount of the adjustment, and be filed on Form 4466. The application a new paragraph (8). (D) Such other information for purposes shall be filled out in accordance with the of carrying out the provisions of this section instructions accompanying the form, and (Sec. 7805 of the Internal Revenue Code of as may be required by such regulations. 1954; 68A Stat. 917; 26 U.S.C. 7805) all information required by the form and (b ) Allowance of adjustment— (1) Lim­ instructions must be furnished by the [ s e a l ] R a n d o l p h W. T h r o w e r , ited examination of application. Within a pe­ corporation. The application shall be Commissioner of Internal Revenue. riod of 45 days from the date on which an application for an adjustment is filed under verified in the manner prescribed by sec­ Approved: September 14, 1970. subsection (a ), the Secretary or his delegate tion 6065 as in the case of a return of shall make, to the extent he deems practica­ the corporationr J o h n S. N o l a n , ble in such period, a limited examination (2) An application for an adjustment Acting Assistant Secretary of the application to discover omissions and of overpayment of estimated income tax of the Treasury. errors therein, and shall determine the does not constitute a claim for credit or amount of the adjustment upon the basis refund. If such application is disallowed In order to conform the Income Tax of the application and the examination; Regulations (26 CFR Part 1) and the except that the Secretary or his delegate may by the district director, or director cf a Regulations on Procedure and Adminis­ disallow, without further action, any applica­ service center, in whole or in part, no tration (26 CFR Part 301) to section 103 tion which he finds contains material omis­ suit may be maintained in any court for (d) of the Revenue and Expenditure sions or errors which he deems cannot be the recovery of any tax based on such Control Act of 1968 (Public Law 90-364, corrected within such 45 days,. application. The filing of an application 82 Stat. 262) such regulations are (2) Adjustment credited or refunded. Thefor an adjustment of overpayment of amended as follows: Secretary or his delegate, within the 45- estimated income tax will' not constitute day period referred to in paragraph ( 1 ), may P aragraph 1. Section 1.1502-78 Is the filing of a claim for credit or refund credit the amount of the adjustment against within the meaning of section 6511 for amended by changing the title of such any liability in respect of an internal revenue section and the title of paragraph (a) of tax on the part of the corporation and shall the purpose of determining whether a such section and by adding a new para- refund the remainder to the corporation. claim for refund w as filed prior to the

FEDERAL REGISTER, V O L 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 RULES AND REGULATIONS 14547 expiration of the applicable period of (c) Examination. Within the 45-day credit is allowed or the refund is paid. limitation. The corporation, however, period described in paragraph (b) of this For the purpose of section 6655 (a) may file a claim for credit or refund un­ section, the Internal Revenue Service through (f) credit or refund of an ad­ der section 6402 at any time prior to the shall make, to the extent it deems prac­ justment is to be treated as if not made expiration of the applicable period of ticable in such period, a limited exami­ in determining whether there has been limitation and may maintain a suit based nation of the application to discover any underpayment of estimated income on such claim if it is disallowed or if the omissions and errors therein. The Serv­ tax and, if there is an underpayment, the district director, or director of a service ice shall calculate the adjustment, which period during which the underpayment center, does not act on the claim within calculation must be set forth in the ap­ existed. However, an excessive adjust­ 6 months from the date it is filed. Such plication for such adjustment, in the ment under section 6425 shall be taken claim may be filed before, simultaneously manner provided in section 6425(c) (2) into 'account in applying the addition with, or after the filing of the applica­ for the determination by the corpora­ to tax under section 6655(g). tion for the adjustment of overpayment tion of such adjustment. The Service, (2) Excessive adjustment. For the ef­ of estimated tax. A claim for credit or however, may correct any material error fect of an excessive adjustment under refund under section 6402 filed after the or omission that is discovered upon section 6425, see § 1.6655-5. filing of an application for an adjust­ examination of the application. In P ar. 3. Section 1.6655 is amended . by ment of overpayment of estimated in­ determining the adjustment, the Service revising section 6655(b)(1), by revising come tax is not to be considered an may correct any mathematical error ap­ section 6655(d) (1) and (3) (A ), by re­ amendment of such application. Such pearing on the application, and it may vising section 6655(e), and by adding a claim, however, in proper cases, may likewise make any modification required new subsection (g) to section 6655, and constitute an amendment to a prior claim by the law to correct the corporation’s by revising the historical note. The re­ filed under section 6402. computation of the adjustment. I f the vised and added provisions read as (c) Time and place for filing applica­ required modification has not been made follows: tion. (1) The application for an adjust­ by the corporation and the Service has available the necessary information to § 1.6655 Statutory provisions; failure ment of overpayment of estimated in­ by corporation to pay estimated tax* come tax shall be filed after the last day make such modification within the 45- day period, it may make such modifica­ Sec. 6655. Failure by corporation to pay of the taxable year and on or before the estimated income tax. * * * 15th day of the third month there­ tion. The examination of the application and the allowance of the adjustment (b ) Amount of underpayment. * * * after, or before the date on which the (1) The amount of the installment which corporation first files its income tax re­ shall not prejudice any right of the would be required to be paid if the esti­ turn for such iaxable year (whether or Service to claim later that the adjust­ mated tax were equal to 80 percent of the not it subsequently amends the return), ment was improper. tax shown on the return for the taxable year whichever is earlier. (d) Disallowance in whole or in part. or, if no such return was filed, 80 percent If the Internal Revenue Service finds that of the tax for such year, over (2) Except as provided in paragraph an application for an adjustment of * * * * * (b) (2) of § 301.6091-1 of this chapter overpayment of estimated tax contains (relating to hand-carried documents), (d ) Exception. * * * material omissions or errors, the Service ( 1 ) The tax shown on the return of the the application on Form 4466 shall be may disallow such application in whole corporation for the preceding taxable year, filed with the internal revenue officer or in part without further action. If, If a return showing a liability for tax was designated in instructions applicable to however, the Service deems that any filed by the corporation for the preceding such form. omission or error can be corrected, by it taxable year and such preceding year was a taxable year of 12 months. § 1.6425—2 Computation of adjustment within the 45-day pèrìod, it may do so • * * * * of overpayment o f estimated tax. and allow the application in whole or in (3) (A) An amount equal to 60 percent (a) Income tax liability defined. For part. In the case of a disallowance or modification, the Service shall notify the of the tax for the taxable year computed purposes of §§ 1.6425-1 through 1.6425-3 by placing on an annualized basis the tax­ and § 1.6655-5, relating to excessive ad­ corporation of such action. The Service’s able income: determination as to whether it can cor­ justment, the term “income tax liability” $ * * * * means the excess of— rect any omission or error shall be con­ clusive. Similarly, its action in disallow­ (e) Definition of tax— (1) In general. For (1) The tax imposed by section 11 or ing, in whole or in part, any application purposes of subsections (b) and (d), the term “tax” means the excess of— 1201(a), or subchapter L of chapter 1 of for an adjustment of overpayment of the Code, whichever is applicable, over (A) The tax imposed by section 11 or estimated income tax shall be final and 1201( a ) , 6r subchapter L of chapter 1, which­ (2) The credits against tax provided may not be challenged in any proceed­ ever is applicable, over by part IV of subchapter A of chapter 1 ing. The corporation in such case, how­ (B) The sum of— of tiie code. ever, may file a claim for credit or re­ (1) The credits against tax provided by (b) Computation of adjustment. The fund under section 6402, and may main­ part IV of subchapter A of chapter 1, amount of an adjustment under section tain a suit based on such claim if it is (li) In the case of a taxable year begin­ 6425 is an amount equal to the excess of disallowed or if the Service does not act ning after December 31, 1967, and before January 1, 1977, the amount of the cor­ the estimated income tax paid by the upon the claim within 6 months from the poration’s temporary estimated tax exemp­ corporation during the taxable year over date it is filed. tion for such year, and the amount which, at the time of filing (e) Application of adjustment. I f the (ill) In the case of a taxable year begin­ Form 4466, the corporation estimates as Internal Revenue Service allows the ad­ ning after December 31, 1967, and before its income tax liability for the taxable justment, it may first credit the amount January 1, 1972, the amount of the corpora­ year. of the adjustment against any liability tion’s transitional exemption for such year. (2) Temporary estimated tax exemption. § 1.6425—3 Allowance o f adjustments. in respect of an internal revenue tax on the part of the corporation which For purposes of clause (ii) of paragraph (a,) Limitation. No application under (1) (B ), the amount of a corporation’s tem­ is due and payable on the date of the al­ porary estimated tax exemption for a taxable section 6425 shall be allowed unless the lowance of the adjustment before mak­ year equals the applicable percentage (deter­ amount of the adjustment is (1) at least ing payment of the balance to the cor­ mined under section 6154(c) (2) (B )) multi­ 10 percent of thè amount which, at the poration. In such a case, the Service shall plied by the lesser of— tune of filing Form 4466 the corporation notify thé corporation of the credit, and (A) An amount equal to 22 percent of estimates as its income tax liability for refund the balance of the adjustment. the corporation’s surtax exemption (as de­ the taxable year, and (2) at least $500. (f) Effect of adjustment. (1) For pur­ fined in section 1 1 ( d ) ) for such year, or (b) Time prescribed. The Internal poses of all sections of the Code except (B ) The excess determined under para­ graph ( 1 ) without regard to clauses (ii) and Revenue Service shall act upon an appli­ section 6655, relating to additions to tax (iii) of paragraph (1)(B ). cation for an adjustment of overpayment for failure to pay estimated income tax, (3) Transitional exemption. For purposes °f estimated income tax within a period any adjustment under section 6425 is to of clause (iii) of paragraph (lj(B ), the of 45 days from the date on which such be treated as a reduction of prior esti­ amount of a corporation’s transitional application is filed. mated tax payments as of the date the exemption for a taxable year equals the

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 No. 181------3 14548 RULES AND REGULATIONS

exclusion percentage (determined under come tax paid during the taxable year, (C) The amount of the adjustment, and section 6154(c) (3) (B )) multiplied by the reduced by the amount of the adjustment. (D ) Such other information for purposes lesser of— of carrying out the' provisions of this sec­ (A) $100,000, reduced by the amount of (4) The computation of the addition tion as may be required by such regulations. the corporation’s temporary estimated tax to the tax imposed by section 6655 is (b ) Allowance of adjustment— (1) Lim­ exemption for such year, or made independently of, and does not ited examination of application. Within a (B ) The excess determined under para­ affect the computation of, any addition period of 45 days from the date on which an graph ( 1 ) without regard to clause (iii) of to the tax which a corporation may application for an adjustment is filed under paragraph (1) (B). otherwise owe for an underpayment of subsection ( a ) , the Secretary or his delegate (4) Special rule for subsection (d ) (1 ) and an installment of estimated tax. shall make, to the extent he deems prac­ (2). In applying this subsection for pur­ ticable in such period, a limited examina­ (5) The provisions of section 6655 may tion of the application to discover omissions poses of subsection (d ) ( 1 ) and (2 ), the be illustrated by the following example: applicable percentage and the exclusion per­ and errors therein and shall determine the centage shall be the percentage for the tax­ Example. Corporation A, a calendar year amount of the adjustment upon the basis able year for which the underpayment is taxpayer, had an underpayment as defined of the application and the examination; ex­ being determined. in section 6655(b) for its fourth installment cept that the Secretary or his delegate may disallow, without further action, any ap­ * * * * * of estimated, tax which was due on Decem­ ber 15, 1968, in the amount of $10,000. Never­ plication which he finds contains material (g) Excessive adjustment under section theless, on January 1, 1969, corporation A omissions or errors which he deems cannot 6425— (1) Addition to tax. If the amount of filed an application' for adjustment of over­ be corrected within such 45 days. an adjustment under section 6425 made payment of estimated income tax for 1968 (2) Adjustment credited or refunded. The before the 15th day of the third month in the amount of $20,000. On February 15, Secretary or his delegate, within the 45-day following the close of the taxable year is 1969, the Internal Revenue Service in re­ period referred to in paragraph ( 1 ), may excessive, there shall be added to the tax sponse to the application, refunded $20,000 credit the amount of the adjustment against under chapter 1 for the taxable year an to Corporation A. On March 15, 1969, cor­ any liability in respect of an Internal rev­ amount determined at the rate of 6 percent poration A filed its 1968 tax return and made enue tax on the part of the corporation and per annum upon the excessive amount from a payment in settlement of its total tax lia­ shall refund the remainder to the the date on which the credit is allowed or bility. Under section 6655(a), corporation corporation. the refund is paid to such 15th day. A is subject to an addition to tax in the (3) Limitation. No application under this (2) Excessive amount. For purposes ofamount of $150 ($10,000 X 6 percent X%2) section shall be allowed unless the amount paragraph ( 1 ), the excessive amount is equal on account of corporation A’s December 15, of the adjustment equals or exceeds (A ) 10 to the amount of the adjustment or (if 1968 underpayment. Under section 6655(g) percent of the amount estimated by the smaller) the amount by which— corporation A is subject to an addition to corporation on its application as its income (A) The Income tax liability (as defined tax in the amount of $100 ($20,000X 6 per­ tax liability for the taxable year, and (B) in section 6425(c)) for the taxable year as cent X M.2 ) on account of corporation A’s $500. shown on the return for the taxable year, excessive adjustment under section 6425. In (4) Effect on adjustment. For purposes of exceeds determining the amount of the addition to this title (other than section 6655), any (B ) The .estimated income tax paid dur­ tax under section 6655(a) for failure to pay adjustment under this section shall be ing the taxable year, reduced by the amount estimated income tax, the excessive adjust­ treated as a reduction, in the estimated of the adjustment. ment under section 6425 is not taken into income tax paid, made on the day the credit account. is allowed or the refund is paid, (Sec. 6655 as amended by sec. 122(c), Rev. (c) Definitions. For purposes of this sec­ Act 1964 (78 Stat. 28); sec. 103 (c ), (d ), (6) An adjustment is generally to be tion and section 6655(g) (relating to excess­ (e), Revenue and Expenditure Control Act treated as a reduction of estimated in­ ive adjustment) — y 1968 (82 Stat. 264) ) come tax paid as of the date of the ad­ (1) The term “income tax liability” means the excess of— P ar. 4. There is inserted immediately justment. However, for purposes of (A) The tax imposed by section 11 or 1201 after § 1.6655-3 the following new § 1.6655-1 through § 1.6655-3, the adjust­ (a ), or subchapter L of chapter 1, which ever sections: ment is to be treated as if not made in is applicable, over determining whether there has been any § 1.6655—4 [Reserved] (B) The credits against tax provided by underpayment of estimated income tax part IV or subchapter A of chapter 1. § 1.6655—5 Addition to tax on account and, if there is an underpayment, the (2) The amount of an adjustment under o f excessive adjustment under sec­ period during which the underpayment this section is equal to the excess of— tion 6425. existed. (A) The estimated income tax paid by the corporation during the taxable year, over (a) (1) Section 6655(g) P ar. 5. There are inserted immediately In general. (B) The amount which, at the time of imposes an addition to the tax under following § 301.6423-1, the following new filing the applicaton, the corporation esti­ chapter 1 of the Code in the case of any sections: mates as its income tax liability for the tax­ excessive amount (as defined in subpara­ § 301.6425 Statutory provisions; ad­ able year. graph (3) of this paragraph) of an ad­ justment of overpayment of esti­ (d ) Consolidated returns. If thè corpora­ tion seeking an adjustment under this sec­ justment under section 6425 which is mated income tax by corporation. made before the 15th day of the third tion paid its estimated income tax on a month following the close of a taxable S ec. 6425. Adjustment of overpayment of consolidated basis or expects to make a con­ estimated income tax by corporation— (a ) solidated return for the taxable year, this year beginning after December 31, 1967. Application for adjustment— (1) Time for section shall apply only to such extent and This addition to tax is imposed whether filing. A corporation may, after the close subject to such conditions, limitations, and or not there was reasonable cause for an of the taxable year and on or before the exceptions as the Secretary or his delegate excessive adjustment. 15th day of the third month thereafter, may by regulations prescribe. (2) If the amount of an adjustment and before the day on which it files a return under section 6425 is excessive, there shall for such taxable year, file an application for [Sec. 6425 as added by sec. 103(d), Revenue an adjustment of an overpayment by it of and Expenditure Control Act 1968 (82 Stat. be added to the tax under chapter 1 for 262)] the taxable year an amount determined estimated income tax for such taxable year. An application under this subsection shall § 301.6425—1 Adjustment o f overpay- at the rate of 6 percent per annum upon not constitute a claim for credit or refund. the excessive amount from the date on - ment o f estimated income tax by (2) Form of application, etc. An applica­ corporation. which the credit is allowed or the refund tion under this subsection shall be verified paid to the 15th day of the third month in the manner prescribed by section 6065 For regulations under séction 6425, see following the close of the taxable year. in the case of a return of the taxpayer, and §§ 1.6425-1 to 1.6425-3, inclusive, of this A refund is paid on the date it is allowed shall be filed in the manner and form re­ chapter (Income Tax Regulations). under section 6407. quired by regulations prescribed by the Sec­ P ar. 6 . Section 301.6655 is amended by (3 ) * The excessive amount is equal toretary or his delegate. The application 6hall set forth— revising section 6655(b) (1), by revising the lesser of the amount of the adjust­ (A) The estimated income tax paid by section 6655(d) (1) and (3) ( A ) , by revis­ ment or the amount by which (i) the in­ the corporation during the taxable year, come tax liability (as defined in section ing section 6655(e), and by adding a new (B) The amount which, at the time of 6425(c) of the Code) for the taxable filing the application, the corporation esti­ subsection (g) to section 6655, and by re­ year, as shown on the return for the tax­ mates as its income tax liability for the vising the historical note. The revised able year, exceeds (ii) the estimated in- taxable year. and added provisions read as follows:

FEDERAL REGISTER, V O L 35, NO. T81— THURSDAY, SEPTEMBER 17, 1970 v RULES AND REGULATIONS 14549

§301.6655 Statutory provisions; failure (2) Excessive amount. For purposes of Approved: September 14, 1970. by corporation to pay estimated in­ paragraph ( 1 ), the excessive amount is equal to the amount of the adjustment or (if J o h n S. N o l a n , come tax. smaller) the amount by which— Acting Assistant Secretary Sec. 6655. Failure by corporation to pay (A) The income tax liability (as defined of the Treasury. estimated income tax. • * * in section 6425(c)) for the taxable year as (b) Amount of underpayment. * * * shown on the return for the taxable year In order to conform the standard for (1) The amount of the installment which exceeds; vodka, and the labeling requirements would be required to be paid if the estimated (B) The estimated income tax paid during respecting distilled spirits shipped in tax were equal to 80 percent of the tax shown the taxable year, reduced by the amount of intrastate traffic, prescribed in 26 CFR on the return for the taxable year or, if no the adjustment. Part 201, Distilled Spirits Plants, to such return was filed, 80 percent of the tax similar provisions prescribed! in 27 CFR for such year, over * * • [Sec. 6655 as amended by sec. 122(c), Rev. (d) Exception. * * * Act 1964 (78 Stat. 28); sec. 103 (c ), ( d ) , ( e ) , Part 5, Labeling and Advertising of Dis­ (1) The tax shown on the return of the Revenue and Expenditure Control Act 1968 tilled Spirits, the regulations in 26 CFR corporation for the preceding taxable year, (82 Stat. 264)] Part 201 are amended as follows: if a return showing a liability for tax was P aragraph P ar. 7. Section 301.6655-1 is amended 1. The definition of “ Spirits filed by the corporation for the preceding to read as follows: or distilled spirits” in § 201.11 is amended taxable year and such preceding year was a by adding a sentence imposing certain taxable year of 12 months. § 301.6655—1 Failure by corporation to limitations in applying the definition on • • • * * pay estimated income tax. and after July 1, 1972. As amended, the (3) (A) An amount equal to 80 percent For regulations under section 6655, see definition reads as follows: of the tax for the taxable year computed by placing on an annualized basis the taxable §§ 1.6655-1 to 1.6655-3, inclusive, and § 201.11 Meaning of terms. income: § 1.6655-5, of this chapter (Income Tax * * * * * Regulations). Spirits or distilled spirits. That sub­ P ar 8. Section 1.1502-5‘is amended by (e) Definition of Tax— (1) In general. For stance known as ethyl alcohol, ethanol, purposes of subsections (b) and (d), the adding at the end thereof a new para­ or spirits of wine, including all dilutions term “tax” means the excess of— graph (d ). Such added paragraph reads and mixtures thereof, from whatever (A) The tax imposed by section 11 or as follows: 1201(a), or subchapter L of chapter 1. which­ source or by whatever process produced, ever is applicable, over § 1.1502—5 Estimated tax. and shall include, whisky, brandy, rum, (B) The sum of— ***** gin, and vodka, but not denatured spirits (1) The credits against tax provided by (d) Cross reference. For provisions re­unless specifically stated. Effective July 1, part IV of subchapter A of chapter 1, 1972, for the purposes of the require­ (ii) In the case of a taxable year begin­ lating to quick refunds of corporate es­ timated tax payments, see § 1.1502-78, ments of this part relating to liquor ning after December 31, 1967, and before bottles, labels, and strip stamps, the January 1, 1977, the amount of the corpora­ and §§ 1.6425-1 through 1.6425-3. tion’s temporary estimated tax exemption for term “ spirits” or “distilled spirits” shall [F.R. Doc. 70-12393; Filed, Sept. 16, 1970; such year, and not include mixtures containing wine, 8:50 a.m.] (iii) In the case of a taxable year begin­ bottled at 48° proof or less, if the mix­ ning after December 31, 1967, and before ture contains more than 50 percent wine January 1 , 1972, the amount of the corpora­ SUBCHAPTER E— ALCOHOL, TOBACCO, AND on a proof gallon basis. tion’s transitional exemption for such year. ***** (2) Temporary estimated tax exemption. OTHER EXCISE TAXES For purposes of clause (ii) of paragraph [T D . 7060] P ar. 2. Section 201.442 is amended to (1)(B), the amount of a corporation’s tem­ revise the standard for vodka to con­ porary estimated tax exemption for a taxable PART 201—-DISTILLED SPIRITS form with 27 CFR 5.22(a)(1). As year equals the applicable percentage (deter- PLANTS amended, § 201.442 reads as follows: hiined under section 6154(c) (2) (B ) ) multi­ plied by the lesser of— Miscellaneous Amendments § 201.442 Vodka. (A) An amount equal to 22 percent of the Vodka produced from pure spirits on corporation’s surtax exemption (as defined On March 27, 1970, a notice of pro­ in section 1 1 ( d ) ) for such year, or posed rule making to amend 26 CFR Part bottling premises is exempt from the rectification tax (as provided in § 201.29 (B) The excess determined under para­ 201 was published in the F ederal R e g is ­ graph ( 1 ) without regard to clauses (ii) and ter (35 F.R. 5179). On June 24, 1970, ( e ) ) only if so distilled, or so treated (iii) of paragraph ( 1 ) (B ). the notice of March 27, 1970, was with­ after distillation with charcoal or other (3) Transitional exemption. For purposes materials, as to be without distinctive of clause (iii) of paragraph (1)(B), the drawn and a new notice of proposed rule making to amend 26 CFR Part 201 to character, aroma, taste, or color, and, if amount of a corporation’s transitional ex­ bottled, bottled at not less than 80° of emption for a taxable year equals the exclu­ conform the standard for vodka and sion percentage (determined under section the labeling requirements respecting dis­ proof. Vodka is not exempt from the rec­ 6154(c) (3) ( B ) ) multiplied by the lesser of— tilled spirits shipped in intrastate tification tax (a) if it is mixed after (A) $100,000, reduced by the amount of traffic to similar provisions in 27 CFR production with other spirits or with any the corporation’s temporary estimated tax Part 5, Labeling and Advertising of Dis­ other substance or material except pure exemption for such year, or water, or (b) if any substance or mate­ tilled Spirits, was published in the F ed­ (B) The excess determined under para­ rial which imparts to the product any graph (l) without regard to clause (iii) of eral R eg ister (35 F.R. 10298). In accordance with the notice, interested distinctive character, aroma, taste, or paragraph ( 1 )(B). color is added to the spirits before or (4) Special rule for subsection (d ) (1 ) persons were afforded an opportunity to and (2). in applying this subsection for pur­ submit written comments or suggestions during production. The vodka shall be poses of subsection (d ) ( 1 ) and (2 ), the pertaining thereto. No comments or sug­ gaged by the proprietor and shall then applicable percentage and the exclusion gestions were received within the 30- be drawn into metal, porcelain, glass, or percentage shall be the percentage for the day period prescribed in the notice, and paraffin-lined containers, bottled, or taxable year for which the underpayment is transferred by pipeline or bulk con­ wing determined. the amendments as published in the F ederal R e g ister are hereby adopted., veyance to other bottling premises as provided in § 201.465. Vodka exempt (g) Excessive adjustment under section This Treasury decision shall become 6425— (i ) Addition to tax. If the amount of effective on the first day of the first from the rectification tax may be filtered Ml adjustment under section 6425 made be- month which begins not less than 30 to remove materials held in suspension, We the 15th day of the third month follow- days after the date of its publication in but the use of filters or filter aids or the &g the close of the taxable year is excessive, F ederal R e g ister . here shall be added to the tax under Chap­ the use of any process which changes the in 1 for the taxable year an amount deter- (Sec. 7805 of the Internal Revenue Code; composition or character of the vodka ““Hed at the rate of 6 percent per annum ( 68A Stat. 917; 26 TJ.S.C. 7805)) will subject the product to the rectifica­ ??n tlie excessive amount from the date on tion tax. is Ck cre£ht Is allowed or the refund [ s e a l ] R a n d o l p h W . T h r o w e r , 18 Paid to such 15th day. Commissioner of Internal Revenue. (72 Stat. 1328; 26 U.S.C. 5025)

FEDERAL REGISTER, V O L 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14550 RULES AND REGULATIONS

P ar. 3. Section 201.457 is amended by State of distillation on labels for certain “Bottled by;” “Packed by,” or “Filled by,” adding a proviso regarding the use of whiskies. As amended, § 201.540o reads followed by the bottler’s name (or trade liquor bottles, effective July 1, 1972, for as follows: name) and address, the phrase “Blended certain products made with wine. As § 201.540o Brand name, class and type, by,” “Made by,” “Prepared by,” “Manu­ amended, § 201.457 reads as follows: alcohol content, and State of distilla­ factured by,” or “Produced by” (which­ tion. ever may be appropriate to the act of § 201.457 Liquor bottles. rectification involved), followed by the Liquor bottles may not be used for The brand name, class and type as name (or trade name) and the address wines containing 24 percent alcohol by set out in 27 CFR Part 5, and alcohol (or.addresses) of the rectifier; and volume or less or for products manufac­ content of the distilled spirits, by proof, (c) That, on labels of distilled spirits tured with such wines unless such prod­ shall be shown on the label except that bottled for a retailer or other person who ucts contain spirits other than wine the alcohol content may be stated in per­ is not the actual distiller or rectifier of spirits used in wine production: Pro­ centage, by volume, in the case of such distilled spirits, there may also be vided, That, effective July 1, 1972, liquor liqueurs, cordials, bitters, cocktails, high­ stated the name and address of such re­ bottles may not be used for such prod­ balls, or other such specialties. Except in tailer or other person, immediately pre­ ucts, bottled at 48° proof or less, if the the case of “light whisky,” “ blended light ceded by the words “Bottled for,” or “Dis­ product contains more than 50 percent whisky,” “ blended whisky,” “ a blend of tributed. by,” or other similar statement. wine on a proof gallon basis. Liquor bot­ straight whiskies,” or “spirit whisky,” the tles may be used, but need not be used, State of distillation shall be shown on the For the purpose of this section, the term in bottling spirits for export. (See Sub­ label of any whisky produced in the “ bottler” shall include the proprietor of part Pa of this part for provisions re­ United States if the whisky is-not dis­ a distilled spirits plant qualified to bottle specting liquor bottles.) tilled in the State given in the address distilled spirits in bond. on the brand label. The Director may, (72 Stat. 1374; 26 U.S.C. 5301) P ar. 10. Section 201.540r, and its head­ however, require the State of distillation ing, are amended to conform with 27 P ar. 4. Paragraph (a) (3 ) of § 201.517 to be shown on the label or he may per­ CFR 5.40.(a) respecting statements of age is amended by adding a proviso to the mit such other labeling as may be neces­ on labels. As amended, § 201.540r reads subparagraph in order to avoid a conflict sary to negate any misleading or decep­ as follows: with the designation “ Grain spirits” in tive impression which might be created 27 CFR 5.22(a) (2) which becomes effec­ as to the actual State of distillation. In § 201.540r Age o f whisky containing no tive July 1, 1972. As amended, paragraph the case of “light whisky,” as defined in neutral spirits. (a )(3 ) reads as follows: 27 CFR 5.22(b) (3), the State of distilla­ In the case of whisky containing no tion shall not appear in any manner on § 201.517 Kind o f spirits or wine. neutral spirits, statements of age and any label when the Director finds such percentage shall be stated on the label (a) Designation. * * * State is associated by consumers with an as provided in 27 CFR Part 5. (3) Spirits distilled at less than 190° American type whisky (as provided in 27 P ar. 11. Section 201.540s, and its head­ of proof which lack the taste, aroma, CFR 5.22), except as part of a name and address as set forth in 27 CFR 5.36(a). ing, are amended to conform to 27 CFR and other characteristics generally at­ Part 5 respecting statements of age and . P ar . 9. Section 201.540q is amended to tributed to whisky, brandy, rum, or gin, percentage on labels. As amended, permit the use on labels, except on labels may be designated “Spirits” , preceded § 201.540s reads as follows: or followed by a word or phrase descrip­ for spirits bottled in bond, of any trade tive of the material from which pro­ name the distiller or rectifier has been § 201.540s Age o f whisky containing duced: Provided, That, on and after authorized to use, at the time of bottling neutral spirits. July 1, 1972, spirits distilled as provided of the product; to permit the use on la­ In the case of whisky containing neu­ in this subparagraph may not be desig­ bels of the words “Packed by” and tral spirits, the age of the whisky or nated “Spirits grain” or “ Grain spirits” . “Filled by” as well as the words “Bottled whiskies and the respective percentage by ***** by” ; and to delete the requirement with volume of whisky or whiskies and neutral respect to showing the State of distilla­ (72 Stat. 1360; 26 U.S.C. 5206) spirits, shall be stated on the label as tion on labels of whisky. As amended, provided in 27 CFR Part 5. § 201.540a [Am ended] §• 201.540q reads as follows: P ar. 12. Section 201.540u, and its head­ P ar. 5. Section 201.540a is amended by § 201.540q Name and address o f bottler. ing, are amended to conform with 27 ch an gin g “201.540u”, in the last sentence, There shall be stated on the label of CFR 5.39 respecting stating on labels the to rea d “201.540v” . distilled spirits the phrase “Bottled by,” presence of neutral spirits and coloring, § 201.540b [Amended] “Packed by,” or “Filled by,” immediately flavoring, and blending materials. As followed by the name (or trade name) of 201.540U P ar. 6. Section 20L540b is amended by amended, § reads as follows: the bottler and the place where such changing “Subpart H”, wherever such § 201.540u Presence of neutral spirit* term appears, to read “Subpart E” . spirits are bottled. I f the bottler is the and coloring, flavoring, and blending actual bona fide operator of more than materials. P ar. 7. Section 201.540n is amended by one distilled spirits plant engaged in bot­ changing “ 201.540u” , in the first sen­ tling operations, there may, in addition, The presence of neutral spirits and tence, to read “ 201.540v” and to provide be stated immediately following the name coloring, flavoring, and blending materi­ for a statement of “ age and percentage” (or trade name) of such bottler the ad­ als shall be stated on labels in the man­ on labels. As amended, § 201.540n reads dresses of such other plants: Provided, ner provided in 27 CFR Part 5. as follows: (a) That, where distilled spirits are P ar. 13. A new section, § 201.540V, is § 201.540n Statements required on la­ bottled or for the distiller thereof, added immediately following § 201.540U bels under an exemption from label there may be stated, in lieu of the phrase to require, in conformity with 27 CFR approval. “Bottled by,” “Packed by,” or “Filled by,” 5.36(e), the country of origin to be stated All labels to be used on bottles of followed by the bottler’s name (or trade on labels of imported distilled spirits. As spirits for domestic use under an exemp­ name) and address, the phrase “Distilled added, § 201.540v reads as follows: tion from label approval shall contain by,” followed by the name (or trade the applicable information required in name) under which the particular spirits § 201.540v Country of origin. §§ 201.5400 through 201.540V. Where a were distilled, or (except in the case of On labels of imported distilled spirits statement of age or age and percentage distilled spirits bottled in bond) any there shall be stated the country of origin trade name shown on the distiller’s per­ in substantially the following form: is required, it shall have the meaning mit (covering the premises where the given, and be stated in the manner pro­ particular spirits were distilled), and the “Product o f ______,” the blank to vided, in 27 CFR Part 5. address (or addresses) of the distiller; be filled in with the name of the country P ar. 8. Section 201.540O, and its head­ (b) That, where distilled spirits are of origin. ing, are amended to conform with 27 bottled by or for the rectifier thereof, [F.R. Doc. 70-12407; Filed, Sept. 16, 1970; CFR Part 5 with respect to showing the there may be stated, in lieu of the phrase 8:51 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 RULES AND REGULATIONS 14551

revise the special operation regulations 2. At 10 a.m. on October 16, 1970, the for its bridge across the Hackensack land shall be open to such forms of dis­ Title 33— NAVIGATION AND River at Little Ferry, N.J., to permit re­ position as may by law be made of na­ pair. This revision was published by the tional forest lands. NAVIGABLE WATERS Commandant in the F ederal R eg ister H a r r iso n L o e s c h , Chapter I— Coast Guard, Department of June 5,1969 (34 F.R. 8967). Assistant Secretary of the Interior. of Transportation 2. This repair has now been completed. The Commandant published the proposal S e p te m b e r 10,1970. SUBCHAPTER J— BRIDGES to return to the original opening periods [F.R. Doc. 70-12358; Filed, Sept. 16, 1970; [OGFR 70-85a] in the F ederal R e g ister of May 14, 1970 8:47 a.m.] PART 117— DRAWBRIDGE (35 F.R. 7513) . 3. Interested persons were afforded an [Public Land Order 4892] OPERATION REGULATIONS opportunity to participate in this rule [Nevada 2564] Pee Dee River, S.C. making procedure through the submis­ sion of comments. No comments were NEVADA 1. The Seaboard Coastline Railroad received and the proposal is accepted. Co. requested the Commander, Seventh Accordingly, 33 CFR 117.225(f) (1-b) is Revocation of Public Land Order Coast Guard District to establish special revised to read as follows: No. 4667 operation regulations for its bridge across the Pee Dee River at Pee Dee, S.C. A § 117.225 Navigable waters in the State By virtue of the authority vested in the public notice dated June 18,1970, setting of New Jersey; bridges where con­ President and pursuant to Executive forth the proposed revision of the regu­ stant attendance o f drawtenders is Order No. 10355 of May 26,1952 (17 F.R. lations governing this drawbridge was not required. 4831 ), it is ordered as follows : issued by the Commander, Seventh Coast ***** 1. Public Land Order No. 4667 of Guard District and was made available (f) * * * May 29, 1969, withdrawing the following to all persons known to have an interest (1-b) Hackensack River,. New Jersey described land for use of the Department in this subject. The Commandant also Department of Transportation bridge at of the Navy, is hereby revoked: published these proposals in the F ederal Little Ferry. At least 6 hours’ advance- Mount Diablo Meridian R egister of July 15,1970 (35 F.R. 11303). notice is required. T. 20 N„ R. 19 E., 2. Interested persons were afforded an ***** Sec. 27, SE [4 NE 14 NE [4. opportunity to participate in this rule (Sec. 5, 28 Stat. 362, as amended, sec. 6(g) making procedure through the submis­ (2 ), 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. The area described contains 10 acres in sion of comments. No comments were 1655(g)(2); 49 CFR 1.46(c)(5)) Washoe County. received. After consideration of all Effective date. This revision shall be­ The land is located immediately north known factors in this case, the proposal of Reno, Nev., east of Highway 395. The is accepted. Accordingly, 33 CFR 117.245 come effective 30 days following the date terrain is moderately sloping to the of publication in the F ederal R e g ist e r . (g) (12-a) is added to read as follows: south. The elevation is approximately § 117.245 Navigable waters discharging Dated: September 10,1970. 5,000 feet. into the Atlantic Ocean south o f and T. R. S a r g e n t, 2. At 10 a.m. on October 16, 1970, the including Chesapeake Bay and into Vice Admiral, U.S. Coast Guard, public land shall be open to operation the Gulf o f Mexico, except the Mis­ Acting Commandant. of the public land laws generally, includ­ sissippi River and its tributaries and ing the mining laws, subject to valid outlets; bridges where constant at­ [F.R. Doc. 70-^12403; Filed, Sept. 16, 1970; existing rights, the provisions of exist­ 8:51 a.m.] tendance o f drawtenders is not ing withdrawals, and the requirements required. of applicable law. All valid applications * * * * * received at or prior to 10 a.m. on Octo­ (g) * * * Title 43— PUBLIC LANDS: ber 16,1970, shall be considered as simul­ (12-a) Pee Dee River, S.C.; Seaboard taneously filed at that time. Those re­ Coastline Railroad bridge at Pee Dee, ceived thereafter shall be considered in S.C. The draw need not be opened for the INTERIOR the order of filing. The land has been passage of vessels, and paragraphs (b) Chapter II— Bureau of Land Manage­ and continues to be open to applications through (e) of this section shall not ap­ ment, Department of the Interior and offers under the mineral leasing ply to this bridge. laws. ***** APPENDIX— PUBLIC LAND ORDERS Inquiries concerning the land should (Sec. 5, 28 Stat. 362, as amended, sec. 6(g) (2 ), [Public Land Order 4891] be addressed to the Manager, Land Office, 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. 1655 [Oregon 06519] Bureau of Land Management, Reno, (g)(2); 49 CFR 1.46(c)(5)) Nev. 89502. OREGON H a r r iso n L o ç s c h , Effective date. This revision shall be­ Assistant Secretary of the Interior. come effective 30 days following the date Partial Revocation of National Forest of publication in the F ederal R e g ist e r . Roadside Zone Withdrawal S e pte m b e r 10,1970. Dated: September 10, 1970. [F.R. Doc. 70-12359; Filed, Sept. 16, 1970; By virtue of the authority vested in the 8:47 a.m.] T . R . S a r g e n t, President and pursuant to Executive Or­ Vice Admiral, U

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14552 RULES AND REGULATIONS

are under the jurisdiction of the Secre­ 3. The rule change ordered herein is and order, 111 M.C.C. 131, in this pro­ tary of the Interior, are hereby with­ minor in nature since it will reflect the ceeding specifically defining the zone drawn from all forms of appropriation actual rather than the hypothetical cov­ adjacent to and commercially a part of under the public land laws, including the erage area prevailing from this facility Kansas City, Mo.-Kansas City, Kans.; mining laws (30 U.S.C., Ch. 2), but not and, therefore, we find that compliance It further appearing, that by petitions from leasing under the mineral leasing with the prior notice and effective date filed June 4, 1970, August 12, 1970, and laws, and reserved for the Owyhee provisions of 5 U.S.C. 553 is not necessary. August 14, 1970, the Olathe Chamber of Project: 4. Accordingly, it is ordered, Pursuant Commerce and the Patrons State Bank & Boise Meridian to sections 4(i) and 303 (d ), (h ), and (r) Trust Co.; the County Commission of T. 2 N„ R. 5 W., of the Communications Act of 1934, as Johnson County, Kans., and the Johnson "¡Sec. 6, lot 4. amended, that § 87.507 (a) of the Com­ County Airport Commission; and S. R. The area described aggregates 36.56 mission’s rules and regulations is Brunn and Hugh W. Speer et al., re­ acres in Owyhee County. amended effective September 18, 1970, spectively, seek redefinition and exten­ as set forth below. sion in certain respects of the Kansas H a r r iso n L o e s c h , (Secs. 4, 303, 48 Stat., as amended, 1066, City, Mo.-Kansas City, Kans., commer­ Assistant Secretary of the Interior. 1082; 47 U.S.C. 154, 303) cial zone limits ; S e p te m b e r 10,1970. And it further appearing, that inves­ Adopted: September 9, 1970. tigation of the matters and things in­ [P.R. Doc. 70-12360; Piled, Sept. 16, 1970; 8:47 a.m.] Released: September 11, 1970. volved in said petition having been made, and said board having made and filed a F ederal C ommunications report herein containing its findings of C o m m is s io n ,1 fact and conclusions thereon, which re­ [ s e a l ] B e n F. W a p l e , Title 47— TELECOMMUNICATION Secretary. port is hereby made a part hereof; It is ordered, That § 1048.8 as pre­ Chapter I— Federal Communications In Part 87, Subpart N, § 87.507, para­ scribed in this proceeding on February 4, Commission graph (a) is amended to read as follows: 1970 (49 CFR 1048.8), be, and it is hereby, vacated and set aside, and the following [PCC 70-962] § 87.507 Low frequency hyperbolic system. revision is hereby substituted in lieu PART 87— AVIATION SERVICES thereof: . ^ ^ > (a) Short range hyperbolic naviga­ Extension of New York Decca tional systems by means of which suit­ § 1048.8 Kansas City, Mo.-Kansas City* Navigation Chain able radio receivers provide a continuous Kans. indication of position with respect to The zone adjacent to and commercially Order. 1. The Commission has been geographical locations may be authorized a part of Kansas City, Mo.-Kansas City, requested by the Department of Trans­ in the New York City area, with a recog­ Kans., within which transportation by portation, Federal Aviation Administra­ nized coverage area not to exceed a motor vehicle,-in interstate or foreign tion (F A A ), to amend Part 87 of its rules radius of 100 nautical miles from the commerce, not under a common control, in order to recognize an extension of the master station at Yorktown Heights, management, or arrangement for a con­ coverage area of the New York City, New N.Y. (41°16'42" N./73°46'31" W.), on tinuous carriage to or from a point York Decca Chain. The New York Navi­ the following frequencies: beyond the zone is partially exempt from gation Chain is a short range hyperbolic regulation under section 203(b) (8) of the area coverage radio navigation system kHz kHz 70.8375 113.340 Interstate Commerce Act (49 U.S.C. 303 used primarily as an aid for aeronautical 84.945 116.1735 (b) (8 )), includes and is comprised of all navigation and secondarily for marine 85.005 127.5075 points in the area bounded by a line as navigation. The Chain presently operates 85.065 follows: on a master frequency of 85.005 kHz as specified in footnote U.S. 103 to the table Such authorizations shall be limited to Beginning on the north side of the Mis­ of frequency allocations set forth in the specific sites, coverage area, and souri River at the western boundary line of period of time in accordance with formal Parkville, Mo., thence along the western and § 2.106, Part 2 of the Commission’s rules, northern boundaries of Parkville to the but is restricted by § 87.507(a) of the advice from the Federal Aviation Admin­ istration to the Federal Communications Kansas City, Mo., corporation limits, thence rules to a “ * * * recognized coverage along the western, northern, and eastern area not to exceed a radius of 50 nautical Commission that the service is required. corporate limits of Kansas City, Mo., to its miles from Columbus Circle in New York ***** junction with U.S. Bypass 71 (near Liberty, City * * * The FAA’s proposed ]F.R. Doc. 70-12389; Filed, Sept. 16, 1970; M o.), thence along U.S. Bypass 71 to Liberty, 8:49 a.m.] thence along the northern and eastern amendment to § 87.507(a) of the rules boundaries of Liberty to its junction with would substitute the location of the mas­ U S. Bypass 71 south of Liberty, thence south ter station (Yorktown Heights, N.Y.) for along U.S. Bypass 71 to its junction with the Columbus Circle in New York City as the Independence, Mo., corporate limits, thence center of the coverage area, and would Title 49— TRANSPORTATION along the eastern Independence, Mo., cor­ extend the recognized coverage area to porate limits to its junction with the Lee’s a distance not to exceed a radius of 100 Chapter X— Interstate Commerce Summit corporate limits, thence along the miles from the master station. Commission eastern Lee’s Summit corporate limits to the Jackson-Cass County line, thence west along 2. This expansion of the recognized SUBCHAPTER A— GENERAL RULES AND Jackson-Cass County line to the eastern cor­ coverage area has been requested so that REGULATIONS porate limits of Belton, Mo., thence along the eastern, southern, and western helicopter operations can be extended to [No. MC—C—258 (Sub-No. 2) ] corpo­ include the Groton/New London, Conn, rate limits of Belton to the western bound­ area. This change is proposed in order PART 1048— COMMERCIAL ZONES ary of Richards-Gebaur Air Force Base, to make the advertised coverage area thence along the western boundary of said Kansas City, Mo.-Kansas City, Kans., Air Force Base to Missouri Highway 150 more nearly coincide with the signal and thence west along Missouri Highway 150 to error contours actually prevailing from Commercial Zone the Kansas-Missouri State line, thence north this Decca facility. The FAA states that At a session of the Interstate Com­ along the Kansas-Missouri State line to checks have confirmed the adequacy of mission, Review Board No. 3, held at its 110th Street, thence west along 110j? the present signal strength in the area Street to its junction with U.S. Highway 69, office in Washington, D.C., on the 28th thence north along U.S. Highway 69 to it» to be served. No changes will be made in day of August 1970. the technical characteristics of the Decca junction With 103d Street, thence west along It appearing, that on February 4,1970, 103d Street to its junction with Quivera Chain. It will not be necessary to amend Review Board No. 2, entered its decision Road (the corporate boundary of Lenexa, footnote U.S. 103 to the table of fre­ Kans.), thence along the eastern and south­ quency allocations in § 2.106 of the Com­ ern boundaries of Lenexa to Black Bob R°a<” mission’s rules. 1 Commissioner H. Rex. Lee absent. thence south along Black Bob Road to 119tn

FEDERAL REGISTER, V O L 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 RULES AND REGULATIONS 14553

Street, thence east along 119th Street to the mission by filing a copy thereof with the § 32.12 Special regulations; migratory corporate limits of Olathe, Kans., thence Director, Office of the Federal Register. game birds; for individual wildlife south and east along the Olathe corporate refuge areas. lim its to Schlagel Road, thence south along By the Commission, Review Board Schlagel Road to Olathe Morse Road, thence No. 3. M innesota west along Olathe Morse Road to the north­ TAMARAC NATIONAL WILDLIFE REFUGE east corner, of Johnson County Airport, [ seal] Joseph M. H arrington, thence south, west, and north along the Acting Secretary. Public hunting of ducks, geese, and boundaries of said airport to Pflumm Road, [P.R. Doc. 70-12396; Piled» Sept. 16, 1970; coots on the Tamarac National Wildlife thence north along Pflumm Road to its 8:50 a.m. j Refuge, Minn., is permitted from Octo­ junction with Olathe Martin City Road, ber 3, 1970, through November 16, 1970, thence west along Olathe Martin City Road but only on the area designated by signs to its junction with Murden Road, thence [Ex Parte No. MC-37 (Sub-No. 2B) 1 south along Murden Road to its junction as open to hunting. This open area, com­ with Olathe Morse Road (the corporate PART 1048-—COMMERCIAL ZONES prising 9,000 acres, is delineated on a boundary of Olathe, K an s.), thence west and map available at the refuge headquar­ north along said corporate boundary to its Minneapolis-St. Paul, Minn., ters, Rochert, Minn. 56578, and from the intersection with U.S. Highway 56, thence Commercial Zone office of the Regional Director, Bureau northeast along U.S. Highway 56 to its junc­ of Sport Fisheries and Wildlife, Federal tion with Parker Road, thence north along At a Session of the Interstate Com­ Building, Fort Snelling, Twin Cities, Parker Road to the northern boundary of merce Commission, Division 1, Acting as Olathe, thence east and north along the Minn. 55111. Hunting shall be in ac­ an Appellate Division, held at its office in cordance with all applicable State and northern corporate limits of Olathe to Washington, D.C., on the 24th day of Pickering Road, thence north along Picker­ Federal regulations. August 1970. ing Road to 107th Street (the corporate The provisions of this special regula­ boundary of Lenexa, K ans.), thence along Upon consideration of the record in tion supplement the regulations which the western and northern boundaries of the above-entitled proceeding, and o f: govern hunting on wildlife refuge gen­ Lenexa to Pflumm Road, thence north along (1) Joint petition of Southeast Metro erally which are set forth in Title 50, Pflumm Road to its Junction with Kansas Area Chamber of Commerce, St. Paul Highway 10, thence along Kansas Highway Code of Federal Regulations, Part 32, and 10 to its junction with Kansas Highway 7, Area Chamber of Commerce, and Farm­ are effective through November 16, 1970. thence along an imaginary line due west ers Union Central Exchange, Inc., o h n L a n g e n b a c h , across the Kansas River to the Wyandotte proponents, for reconsideration, filed J R. County-Leavenworth County line (142d June 22, 1970; Acting Regional Director, Bu­ Street) at Loring, Kans., thence westerly (2) Joint reply by Admiral-Merchants reau of Sport Fisheries and along County Route No. 32, a distance of Motor Freight, Inc., Bruce Motor Wildlife. • three-fourths of a mile to the entrance of the facilities at Mid-Continent Underground Freight, Inc., and Witte Transportation S eptember 10, 1970. J Storage, Loring, thence from Loring in a Co., opponents, filed July 20, 1970; [F.R. Doc. 70-12337; Filed, Sept. 16, 1970; northerly direction along Loring Lane and and good cause appearing therefor: 8:45 a.m.J Linwood Avenue to the southern boundary of Bonner Springs, Kans., thence along the I t is ordered, That the said petition be, southern, western, and northern boundaries and it is hereby, denied, for the reasons PART 32— HUNTING of Bonner Springs to its intersection with that the findings of Review Board No. 2, Kansas Highway 7, thence southeast along in its report and order of December 24, Rice Lake National Wildlife Refuge, Kansas Highway 7 to its junction with 1969 (35 F.R. 600), as modified by the Minn. Kansas Highway 32, thence east on Kansas order of Division 1, Acting as an Appel­ Highway 32 to the corporate boundary of late Division, of April 28, 1970, are in The following special regulation is is­ Kansas City, Kans., thence north, west, and sued and is effective on date of publica­ east along the corporate boundaries of accordance with the evidence and the tion in the F ederal R egister. Kansas City, Kans., to its junction with applicable law, and no sufficient or proper Cernech Road and Pomeroy Drive, thence cause appears for reopening the proceed­ § 32.22 S p e c ia l regulations; upland northwesterly along Pomeroy Drive to its ing for reconsideration. — game; for individual wildlife refuge junction with 79th Street, thence along 79th It is further ordered, That the effective areas. Street to its junction with Walc’ott Drive M innesota at Pomeroy, Kans., thence due west 1.3 miles date of the order of December 24, 1969, to its Junction with an unnamed road, as modified by the order of April 28, RICE LAKE NATIONAL WILDLIFE REFUGE thence north along such unnamed road to 1970, be, and it is hereby, fixed as Sep­ Public hunting of ruffed grouse on the the entrance of Powell Port facility, thence tember 30,1970. Rice Lake National Wildlife Refuge is due north to the southern bank of the Mis­ By the Commission, Division 1, Acting permitted from sunrise to sunset Sep­ souri River, thence east along the southern as an Appellate Division. bank of the Missouri River to a point di­ tember 26, through November 8, 1970, rectly across from the western boundary of [ seal] Joseph M. H arrington, and November 18, through November 30, Parkville, Mo., thence across the Missouri Acting Secretary. 1970, inclusive, only on the area desig­ River to the point of beginning. (49 Stat. 543, as amended, 544, as amended, 546, as [F.R. Doc. 70-12395; Filed, Sept. 16, 1970; nated by signs as open to hunting. This amended, 49 U.S.C. 302, 303, 304.) 8:50 ajn .] open area comprising 2,200 acres, is It is further ordered, That this order delineated on a map available at refuge shall become effective on October 16, headquarters, McGregor, Minn., and 1970, and shall continue in effect until Title 50— WILDLIFE AND from tile Regional Director, Bureau of further order of the Commission. Sport Fisheries and Wildlife, Federal It is further ordered, That the exten­ FISHERIES Building, Fort Snelling, Twin Cities, sion herein be published in the F ederal Minn. 55111. Hunting shall be in accord­ Register, and that any person prej­ Chapter I— Bureau of Sport Fisheries udiced by the extension of the zone and Wildlife, Fish and Wildlife ance with all applicable State regulations beyond that proposed in the June 12, Service, Department of the Interior governing the hunting of upland game. 1970, Federal R egister publication may PART 32— HUNTING C arl E. P o spich al, file an appropriate petition for reconsid­ Refuge Manager, Rice Lake Na­ eration within 30 days of the date of such Tamarac National Wildlife Refuge, tional Wildlife Refuge, Mc­ publication. Minn. Gregor, Minn. And it is further ordered, That notice of this order shall be given to the gen­ The following special regulations are S eptember 8, 1970. eral public by depositing a copy thereof Issued and are effective on date of pub- [F.R. Doc. 70-12336; Filed, Sept. 16, 1970; in the office of the secretary of the Com­ lication in the F ederal R egister. 8:45 a.m.J

FEDERAL REGISTER, V O L 35, NO. 181-—THURSDAY, SEPTEMBER 17, 1970 14554 RULES AND REGULATIONS

PART 32— HUNTING grouse— (2d season) November 18, 1970, Sign Closed.” The open area, comprising through November 30, 1970, inclusive 42,000 areas, is delineated on maps avail­ Tamarac National Wildlife Refuge, with shooting hours from sunrise to sun­ able at refuge headquarters, Rochert, Minn. set. Gray and fox squirrels—Septem­ Minn. 56578, and from the office of the The following special regulation is is­ ber 26, 1970, through December 31, 1970, Regional Director, Bureau of Sport sued and is effective on date of publica­ inclusive with shooting hours from sun­ Fisheries and Wildlife, Federal Building, rise to sunset. Cottontail, jack and Fort Snelling, Twin Cities, Minn. 55111. tion in the F ederal R eg iste r . snowshoe rabbits—September 26, 1970, Hunting shall be in accordance with all § 32.22 S p e c ia l regulations; upland through March 1, 1970, inclusive with applicable State regulations covering game; for individual wildlife refuge shooting hours from sunrise to sunset. the hunting of deer and black bear and areas. The provisions of ~ this special regula­ subject to the following conditions. M in n e s o t a tion supplement the regulations which (1) The open season for hunting deer TAMARAC NATIONAL WILDLIFE REFUGE govern hunting on wildlife refuge areas and black bear, with legal firearms, is Public hunting of ruffed grouse, gray generally which are set forth in Title 50, from sunrise to sunset^ November 14, and fox squirrels, cottontail, jack and Code of Federal Regulations, Part 32, 1970, through November 15, 1970. snowshoe rabbits on the Tamarac Na­ and are effective through March 1, 1970. (2) The open season for hunting deer and black bear, with legal bow and arrow tional Wildlife Refuge, Rochert, Minn., C l a u d e R . A l e x a n d e r , is permitted in the area designated by Refuge Manager, Tamarac Na­ is permitted from sunrise to sunset, Oc­ signs as open to hunting. This open area tional Wildlife Refuge, Ro­ tober 3, 1970, through October 31, 1970, comprising 12,500 acres is delineated on chert, Minn. and from sunrise to sunset, November 14, a map available at the refuge headquar­ 1970, through November 15, 1970, on the ters and from the office of the Regional S e p te m b e r 4, 1970. 12,500 acre area designated by signs as Director, Bureau of Sport Fisheries and IF.R. Doc. 70-12339; Filed, Sept. 16, 1970; open to hunting. This area is delineated Wildlife, Federal Building, Fort Snelling, 8:45 a.m.] on maps available at refuge head­ Twin Cities, Minn. 55111. quarters, Rochert, Minn. 56578, and from An additional area of 18,000 acres will the office of the Regional Director, Bu­ be open for public hunting of ruffed PART 32— HUNTING reau of Sport Fisheries and Wildlife, grouse only. This “ ruffed grouse only” Tamarac National Wildlife Refuge, Federal Building, Fort Snelling, Twin public hunting area is delineated on a Cities 55111. Minn. map available at the refuge headquarters The provisions of this special regula­ and from the office of the Regional Di­ The following special regulation is tion supplement' the regulations which rector, Bureau of Sport Fisheries and issued and is effective on date of publi­ govern hunting on wildlife refuge areas Wildlife, Federal Building, Fort Snelling, cation in the F ederal R e g ist e r . generally, which are set forth in Title 50, Twin Cities, Minn. 55111. Code of Federal Regulations, Part 32, Hunting shall be in accordance with § ^2.32 Special regulations; big game; for individual wildlife refuge areas. and are effective through November 15, all applicable State regulations during 1970. the seasons specified below. The hunting M in n e s o t a C l a u d e R . A lex and er , of upland game species as may be other­ TAMARAC NATIONAL WILDLIFE REFUGE Refuge Manager, Tamgrac Na­ wise authorized by Minnesota State reg­ tional Wildlife Refuge, Ro- - ulations is prohibited. Public hunting of big game on the chert, Minn. Open seasons: Ruffed grouse— (1st Tamarac National Wildlife Refuge, S e p t e m b e r 4, 1970. season) September 26,1970, through No­ Rochert, Minn., is permitted over the vember 8, 1970, inclusive with shooting entire refuge with the exception of those {F.R. Doc. 70-12338; Filed, Sept. 16, 1970; hours from sunrise to sunset. Ruffed areas designated as “Area Beyond This 8 :45 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14555 Proposed Rule Making

Dated: September 14,1970. for condition in lieu of full inspections

DEPARTMENT OF AGRICULTURE P a u l A . N ic h o l s o n , when off-grade raisins are accepted by Consumer and Marketing Service Acting Director, Fruit and Veg­ handlers for reconditioning. Such bene­ etable Division, Consumer and fit could result irrespective of whether [ 7 CFR Part 927 1 Marketing Service. the acceptance of the raisins is for recon­ ditioning, based on the initial acceptance HANDLING OF BEURRE D’ANJOU, [F.R. Doc. 70-12415; Filed, Sept. 16, 1970; for such purpose, or for reconditioning BEURRE BOSC, WINTER NELIS, DO­ 8:52 a.m.] on the basis of a change in category from YENNE DU COMICE, BEURRE EAS­ disposition in eligible nonnormal outlets TER, AND BEURRE CLAIRGEAU E 7 CFR Part 989 1 after acceptance under a limited inspec­ tion for condition. VARIETIES OF PEARS GROWN IN RAISINS PRODUCED FROM GRAPES OREGON, WASHINGTON, AND Under the proposal, full inspection of GROWN IN CALIFORNIA off-grade raisins in connection with such CALIFORNIA a change in category would no longer be Proposal To Permit Handlers To Re­ required. Also, any lot of natural condi­ Notice of Proposed Rule Making With ceive Off-Grade Raisins for Recon­ Respect to Expenses and Fixing of tion raisins with obvious defects in ex­ ditioning Under Limited Inspection cess of permitted tolerances could be Rate of Assessment for 1970—71 accepted for reconditioning by a handler Fiscal Period and Carryover of Un­ Notice is hereby given of a proposal to permit handlers to receive off-grade under a similar limited inspection for expended Funds raisins for reconditioning under a lim­ condition. In connection with recondi­ tioning off-grade raisins, § 989.158(c) Consideration is being given to the fol­ ited inspection, pursuant to the market­ (4) (ii) provides that lots with identical lowing proposals submitted by the Con­ ing agreement, as amended, and Order trol Committee, established pursuant to” No. 989, as amended (7 CFR Part 989), defects may be reconditioned simultane­ ously (commingled basis) but lots with the marketing agreement, as amended, regulating the handling of raisins pro­ and Order No. 927, as amended (7 CFR duced from grapes grown in California, differing' defects shall be reconditioned Part 927), regulating the handling of hereinafter referred to as the “order”. as separate lots. It is manifest that un­ Beurre D’Anjou, Beurre Bose, Winter The order is effective under the Agri­ less a full inspection is made of an off- Nelis, Doyenne du Comice, Beurre Easter, cultural Marketing Agreement Act of grade lot, all of the defects would not and Beurre Clairgeau varieties of pears 1937, as amended (7 U.S.C. 601-674). be known. Hence, it was also proposed grown in Oregon, Washington, and Cali­ The proposal was unanimously recom­ that each lot of off-grade raisins that fornia, effective under the Agricultural mended by the Raisin Administrative has only a limted inspection should be Marketing Agreement Act of 1937, as Committee, established pursuant to said reconditioned separately from any other lot. amended (7 U.S.C. 601-674), as the order. agency to administer the terms and pro­ In accordance with § 989.158, each lot All persons who desire to submit writ­ visions thereof: of natural condition raisins, including a ten data, views, or arguments in con­ (1) That expenses which are reason­ lot with obvious defects in excess of per­ nection with the aforesaid proposal able and necessary to be incurred by the mitted tolerances, received by a handler should file same, in quadruplicate, with Control Committee, during the period for reconditioning is required to be in­ the Hearing Clerk, U.S. Department of July 1, 1970, through June 30, 1971, will spected at the handler’s inspection point Agriculture, Room 112, Administration amount to $47,660. during the unloading process and certi­ Building, Washington, D.C. 20250, not later than the 8th day after publication (2) That the rate of assessment for fied, reconditioned, and the recondi­ of this notice in the F ederal R e g ist e r . such period, payable by each handler in tioned raisins inspected and certified, in All written submissions made pursuant accordance with § 927.41, be fixed at accordance with the applicable require­ ments of § 989.158. In addition, any rai­ to this notice will be made available for $0,005 per standard western pear box public inspection at the office of the of pears, or an equivalent quantity of sins received by a handler as off-grade Hearing Clerk during regular business Pears in other containers or in bulk. for disposition in eligible non-normal outlets may be accepted under a limited hours (7 CFR 1.27(b)). (3) That unexpended funds in excess inspection as to condition capable of The proposal is to amend subparagraph of expenses incurred during the fiscal establishing concurrence with the classi­ (3) of § 989.158(a) and subparagraph Period ended June 30, 1970, be carried fication. Further, paragraph (c) (2) of (2 )'of § 989.158(c) so as to read respec­ * no« 85 a reserve in accordance with § 989.158 requires a handler to request a tively, as follows: 8 927.42 and § 927.202 of said marketing full inspection if the category of such agreement and order. . raisins is to be changed to category § 989.158 Natural condition raisins. All persons who desire to submit writ­ (iii)—received for reconditioning—as (a) * * * ten data, views, or arguments in con- provided in § 989.58(e). The same para­ (3) For each lot of natural condition fii i£n ^he aforesaid proposals shall graph also provides that where the ten­ raisins received by a handler for acquisi­ aie the same in quadruplicate, with the derer has a financial interest in the tion, reconditioning, storage, inspection, Hearing Clerk, U.S. Department of Agri- raisins the handler shall, before making or for disposition in eligible non-normal nT-iur6’ R,oom H2A, Administration any change in category, submit to the outlets, the handler shall, immediately funding, Washington, D.C. .20250, not Committee evidence of the tenderer’s upon physical receipt and tentative ac­ ter than the 10th day after the publi- permission to make any such change. cation of this notice in the F ederal Reg_ ceptance thereof, issue a prenumbered The Committee has suggested that (numbered serially in advance) door re­ " li written submissions made pur- there may be some financial benefit ac­ ceipt or weight certificate showing the nku* notice will be made avail- cruing to producers if total inspection name and address of the tenderer, the t^ el or Public inspection at the office of costs referable to off-grade raisins re­ weight of the lot, the number and type Clerk during regular busi­ ceived by handlers could be reduced by of containers in the lot, and any other ness hours (7 CFR 1.27(b)). the substitution of limited inspections information necessary to identify the

No. 181- FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14556 PROPOSED RULE MAKING lot. For the purposes of identifying in­ vision (i) or (iii) of § 989.58(e) (1) and, early in the 1971-72 crop year until new coming lots of raisins, other than dehy­ if accepted, the handler shall so report crop raisins become available. drated raisins covered by paragraph (e) to the Committee. It shall be the re­ No desirable free tonnage is proposed of this section, a handler, if it is imprac­ sponsibility of the handler to establish for varietal types other than natural ticable for him to issue immediately a and maintain the identity of raisins in Thompson Seedless raisins because no door receipt or weight certificate, may the changed categories in accordance volume regulation is contemplated for issue for temporary use only a prenum­ with the applicable provisions of sub- them in the 1970-71 crop year. bered “Request for USDA Inspection” on paragraph (1) of this paragraph. Where Consideration will be given to any a form furnished by the Committee. Any the tenderer has a financial interest in written data, views, or arguments per­ such raisins so received by a handler the raisins the handler shall, before mak­ taining to the proposal which are re­ shall, prior to their acceptance, be in­ ing any change in category, submit to ceived by the Hearing Clerk, U.S. De­ spected at an inspection point during the the Committee evidence of the tenderer’s partment of Agriculture, Room 112, unloading process, and if certified as permission to make any such change, Administration Building, Washington, standard raisins shall be, unless returned except for changes from subdivision (i) D.C. 20250, not later than the 7th day to the tenderer, either promptly acquired or subdivision (iii) to subdivision (ii) after publication of this notice in the by the handler or received for storage of § 989.58(e)(1). F ederal R egister. All written submis­ on memorandum receipt: Provided, That * * * * * sions made pursuant to this notice will be in the absence of an inspector to perform Dated: September 11, 1970. made available for public inspection at inspection during unloading, the handler the office of the Hearing Clerk during shall not permit unloading to occur un­ P aul A. N icholson, regular business hours (7 CFR 1.27(b)). less such absence is during normal busi­ Acting Director, Fruit and Vege­ Dated: September 11,1970. ness hours and the handler has a written table Division, Consumer and statement from the inspection service to Marketing Service. P aul A. N icholson, the effect that inspection cannot be fur­ [F.R. Doc. 70-12412; Filed, Sept. 16, 1970; Acting Director, Fruit and nished within a reasonable time: And 8:51 a.m.] Vegetable Division, Consumer provided further, That the raisins so un­ and Marketing Service. loaded shall be inspected promptly upon [F.R. Doc. 70-12413; FJled, Sept. 16, 1970; an inspector being available. It shall be [ 7 CFR Part 989 ] 8:52 a.m.] the handler’s responsibility in any case RAISINS PRODUCED FROM GRAPES to arrange for the inspection, other than with respect to dehydrated raisins cov­ GROWN IN CALIFORNIA [ 7 CFR Part 989 ] ered by paragraph (e) of this section, Proposal To Change Desirable Free RAISINS PRODUCED FROM GRAPES and furnish weight certificates promptly. Tonnage for Natural Thompson Any raisins received by a handler as off- GROWN IN CALIFORNIA Seedless Raisins grade for disposition in eligible non­ Proposals To Designate Preliminary normal outlets or for reconditioning may Notice is hereby given of a proposal Free Tonnage Percentage for Nat­ be accepted under a limited inspection as to change the “ desirable free tonnage” to condition capable of establishing con­ as set fbrth in § 989.54(a) for natural ural Thompson Seedless Raisins and currence with the classification of the Thompson Seedless raisins from 140,000 To Designate Certain Countries for off-grade raisins as to the particular tons to 122,750 tons. This action would Export Sale by Handlers of Reserve category in which received. An applica­ be in accordance with § 989.54(a) of the Tonnage Raisitis tion for such a limited inspection shall marketing agreement, as amended, and be submitted by the handler, on a form Order No. 989, as amended (7 CFR Part Notice is hereby given of proposals to furnished by the Committee, to the in­ 989), regulating the handling of raisins designate for natural Thompson Seed­ spection service prior to, or upon physical produced from grapes grown in Cali­ less raisins for the 1970-71 crop year: receipt of, such off-grade raisins. Such fornia. The amended marketing agree­ (1) A preliminary free tonnage percent­ form shall provide for at least the name ment and order are effective under the age which would release not less than 65 and address of the tenderer (equity Agricultural Marketing Agreement Act percent of the proposed desirable free holder), date, number and type of con­ of 1937, as amended (7 U.S.C. 601-674). tonnage for such raisins of 122,750 tons, tainers, net weight of the raisins, and The proposal was recommended by the as set forth in the notice of proposed rule the particular defect(s) the handler in­ Raisin Administrative Committee, es­ making with respect thereto which is dicates would cause the raisins to be tablished under the said marketing also published in this issue of the F ed­ off-grade. The haridler shall complete agreement and order. eral R egister; and (2) certain coun­ and sign the form. The application for The tonnage of raisins of any varietal tries for export sale by handlers of re­ the limited inspection shall not be ac­ type which can be sold as free tonnage serve tonnage raisins. The designations ceptable unless signed by the tenderer. during a crop year is designated in would be in accordance with §§ 989.54, Each lot of raisins so accepted by a § 989.54(a) as “ desirable free tonnage” 989.55, and 989.67 of the marketing agree­ handler shall be reconditioned separately and, until changed,_ such tonnage for ment, as amended, and Order No. 989, as from any other lot. natural Thompson Seedless raisins is amended (7 CFR Part 989)» regulating the handling of raisins produced from * * * * * fixed at 140,000 tons. The Committee has grapes grown in California. The amended (c) * * * reviewed, as provided in § 989.54(a), shipment data and other matters relating marketing agreement and order are ef­ (2) Change in off-grade categories. to the desirable free tonnage for fective under the Agricultural Market­ After raisins have been classified as to 1970-71. ing Agreement Act of 1937, as amended the categories in § 989.58(e)(1), any lot Shipments of free tonnage natural (7 U.S.C. 601-674). The proposals were of natural condition off-grade raisins Thompson Seedless raisins for the 1969- recommended by the Raisin Adminis­ held by a handler under subdivision (i) 70 crop year are reported by the Com­ trative Committee, established pursuant or (iii) of § 989.58(e) (1), may be changed mittee to be 130,657 tons, and for the ^ n rvwnAtvi AVtf QTlH to the other category, or to subdivision 1968-69 crop year, 135,128 tons. The As to the first proposàl, release of not (ii). Prior to making such change the carryover of free tonnage on Septem­ less than 65 percent of the proposed de­ handler shall notify the inspection serv­ ber 1,1970, is reported to be about 28,750 sirable free tonnage of natural Thomp­ ice in writing at least 1 business day tons. The proposed desirable free tonnage son Seedless raisins of 122,750 tons would in advance of the time he plans to begin of 122,750 tons of 1970-71 crop natural provide about 79,800 tons of such raisins such change. Any off-grade lot under Thompson Seedless raisins when added for shipment as free tonnage during the subdivision (ii) of § 989.58(e) (1) which to the carryover would provide about September-February period of the 19<°~ has not been removed from the handler 131,500 tons for shipment as free ton­ 71 crop year. During the same period oi premises and is identifiable with the nage during the 1970-71 crop year and a the 1969-70 crop year, actual shiPrnen'i °: original inspection, may be tendered to carryout of 20,000 tons at the end of the free tonnage raisins amounted to about the handler for the purposes of subdi­ crop year for free tonnage shipments 74,500 tons. By February 15, 1971, at the

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 PROPOSED RULE MAKING 14557 latest, a final free tonnage percentage in this food are water, fruit juice, light Number of pack­ is to be recommended to the Secretary sirup, heavy sirup, extra heavy sirup, ing medium: Brix measurement light fruit juice sirup, heavy fruit juice (1) (ii i )______Less than 14*. by the Committee which would tend to ( 1 ) (iv) and release the full desirable free tonnage. sirup, and extra heavy fruit juice sirup. ( v i i ) _____ 14* or more but less As provided in § 989.54(b), the difference Grounds given in support of the pro­ than 18°. between any preliminary or final free posal are that: (1) Eight of the 12 canned ( 1 ) (v ) and tonnage percentage and 100 percent shall fruits for which standards of identity ( v i i i ) _— - 18°, or more but less be the reserve percentage. have been promulgated provide for the than 22°. ( 1 ) (vi) and As to the second proposal, the Com­ use of slightly sweetened water as an optional packing medium; and (2) con­ (ix) ______22° or more but not mittee has, pursuant to § 989.67(c), more than 35°. sumers will have a greater choice be­ given consideration to the pertinent fac­ ***** tors enumerated in § 989.54 of the tween totally unsweetened to very sweet amended marketing agreement and order packing media. A canned fruit cocktail (e) (1) The optional ingredients speci- and has recommended the countries to which has less sweetener added than the fied in paragraphs (b) (5) (ii) and (iii) which sale in export of reserve tonnage sirup-sweetened product, but which is and (c) (1) (i) to (ix) of this section, natural Thompson Seedless raisins may nevertheless sweeter than water pack, inclusive are hereby designated as op­ be made by handlers. The countries rec­ will be available. tional ingredients which, when used, ommended are the same as those cur­ Accordingly, it is proposed that § 27.40 shall be named on the label by the name rently in § 989.221, which reads as fol­ be amended by revising paragraphs (c) whereby each is so specified. lows: ; (1) ?md (2) and (e )(1 ) to read as * * * * * follows: The countries to which sale in export of Pursuant to provisions of the Federal reserve tonnage natural Thompson Seedless § 27.40 Canned fruit cocktail, canned Food, Drug, and Cosmetic Act (secs. 401, raisins may be made by handlers shall be cocktail fruits, canned fruits for 701, 52 Stat. 1046, 1055, as amended 70 all of those countries, other than Australia, cocktail; identity label statement o f Stat. 919, 72 Stat. 948; 21 U.S.C. 341, outside of the Western Hemisphere. For pur­ optional ingredients. 371) and in accordance with authority poses of this section, “Western Hemisphere” ***** delegated to the Commissioner of Food means the area east of the international date­ line and west of 30° W . longitude but ex­ (c) (1) The optional packing media re­ and Drugs (21 CFR 2.120), interested cluding all of Greenland and Mexico. All of ferred to in paragraph (a) of this section persons are invited to submit their views the countries covered by this section to which are as follows: in writing (preferably in quintuplicate) sale in export of such reserve tonnage may (1) Water. regarding this proposal within 60 days be made shall be deemed listed in this sec­ (ii) Fruit juice. after its date of publication in the tion for the purposes of § 989.67(c). (iii) Slightly sweetened water. F ederal R egister. Such views and com­ Consideration will be given to any (iv) Light sirup. ments should be addressed to the Hear­ written data, views, or arguments per­ (v) Heavy sirup. ing Clerk, Department of Health, Edu­ taining to the proposals which are (vi) Extra heavy sirup. cation, and Welfare, Room 6-62. 5600 received by the Hearing Clerk, U.S. De­ (vii) "Light fruit juice sirup. Fishers Lane, Rockville, Md. 20852, and partment of Agriculture, Room 112, Ad­ may be accompanied by a memorandum (viii) Heavy fruit juice sirup. or brief in support thereof. ministration Building, Washington, D.C. (ix) Extra heavy fruit juice sirup. 20250, not later than October 8, 1970. (2) Each of packing media in subpara­ Dated: September 8, 1970. AH written submissions made pursuant graph (1) (iii), (iv ), ( v ) , and (vi) of this Sam D. F in e , to this notice will be made available for paragraph is prepared with water as its Associate Commissioner public inspection at the office of the liquid ingredient, and each packing for Compliance. Hearing Clerk during regular business media in subparagraph (1) (vii), (viii), hours (7 CFR 1.27(b)). [F.R. Doc. 70-12365; Filed, Sept. 16, 1970; and (ix) of this paragraph is prepared 8:47 a.m.] Dated: September 11, 1970. with fruit juice as its liquid ingredient. Except as provided in paragraph (d) (3) P a u l A . N ic h o l s o n , Acting Director» Fruit and Vege­ of this section, each of the packing media Public Health Service in subparagraph (1) (iii) to (ix) in this table Division, Consumer and [ 30 CFR Part 70 ] Marketing Service. paragraph, inclusive, is prepared with any one of the following saccharine in­ FORMULA FOR DETERMINING RES­ [F.R. Doc. 70-12414; Filed, Sept. 16, 1970; gredients: Sugar; invert sugar sirup; any PIRABLE DUST STANDARD WHEN 8:52 a.m.] combination of sugar or invert sugar sirup and dextrose in which the weight of QUARTZ IS PRESENT the solids of the dextrose used is not Notice of Proposed Rule Making more than one-half the weight of the DEPARTMENT OF HEALTH, solids of the sugar or invert sugar sirup Section 205 of the Federal Coal Mine used; any combination of sugar or invert Health and Safety Act of 1969 (Public EDUCATION, AND WELFARE sugar sirup and com sirup or glucose Law 91-173) directs the Secretary of sirup in which the weight of the solids of Health, Education, and Welfare to pre­ Food and Drug Administration the com sirup or glucose sirup used is not scribe an appropriate formula for deter­ [ 21 CFR Part 27 1 more than one-third the weight of the mining the applicable respirable dust solids of the sugar or invert sugar sirup standard under title II of the Act where CANNED FRUIT COCKTAIL IDENTITY used; or any combination of sugar or in­ the concentration of respirable dust in STANDARD vert sugar sirup, dextrose, and corn sirup the mine atmosphere of any working or glucose sirup in which the weight of place contains more than 5 percent Proposal To List Slightly Sweetened the solids of the dextrose used multiplied quartz, and directs the Secretary of the Water as Optional Packing Medium by two, added to the weight of the solids Interior to apply such formula in carry­ ing out his duties under the title. Notice is given that a petition has been of the com simp or the glucose sirup hied by the California Canners and used multiplied by three, is not more Notice is hereby given of a proposal to Growers, 3100 Ferry Building, San Fran- than the weight of the solids of the sugar amend Part 70 as set forth below by risco, Calif. 94106, proposing that the or invert sugar sirup used. The respective prescribing such a formula. The formula standard of identity for canned fruit densities of packing media in subpara­ is based upon studies by the Public graph (1) (iii) to (ix) of this paragraph, Health Service involving the effects of cocktail (21 CFR 27.40) be amended to Inclusive, as measured on the Brix hy­ free silica (quartz) on respiratory health. Permit the use of slightly sweetened drometer 15 days or more after the fruit Interested persons may submit com­ water as an optional packing medium. cocktail is canned are within the range ments, data or arguments concerning the The packing media presently permitted prescribed for each in the following list: proposed amendment in triplicate to the

FEDERAL REGISTER, V O L 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14558 PROPOSED RULE MAKING

Department of Health, Education, and Act (49 U.S.C. 1655(g) (2 )) and 49 CFR Dated: September 9, 1970. Welfare, Attention: Bureau of Occupa­ 1.46(c)(5). C. R . B e n d e r , tional Safety and Health, 5600 Fishers 2. Accordingly, it is proposed to add Admiral, U.S. Coast Guard, Lane, Rockville, Md. 20852. All relevant 33 CFR 117.433 to read as follows: Commandant. material received within 30 days after § 117.433 H alifax River (Atlantic Intra­ publication of this notice will be ]F.R. Doc. 70-12405; Filed, Sept. 16, 1970; coastal W aterway), Daytona Beach, 8:51 a.m.] considered. Fla.; Seabreeze, Main Street, Broad­ The amendment to Part 70 would pro­ way and MemorialBridges. vide as follows: (a) The draws of these bridges need [ 33 CFR Part 117 1 § 70.101 Respirable dust standard when not be opened on all days except Sundays [CGFR 70-108] quartz is present. and holidays from 7:30 a.m. to 9 a.m. PETALUMA RIVER, CALIF. When the concentration of respirable and from 4:30 p.m. to 6 p.m., and from dust in the mine atmosphere of any 9 a.m. to 4:30 p.m. on these days the draws shall remain closed for at least Proposed Drawbridge Operation working place contains more, than 5 per­ Regulations cent quartz, the operator shall continu­ 15 minutes after each closure. A t all ously maintain the average concentra­ other times the draws shall be opened 1. The Commandant, U.S. Coast tion of respirable dust in the mine promptly on signal. Guard is considering a request by the atmosphere to which each miner in such (b) Public vessels of the United States, Northwestern Pacific Railroad Co. to working place is exposed at or below a tows, or vessels in distress shall be passed revise the special operation regulations concentration of respirable dust, ex­ at any time. for its bridges across the Petaluma pressed in milligrams per cubic meter of ' (c) When small craft warnings or River (formally Petaluma Creek) at air, computed by dividing the percent of warnings of winds of greater force are Blackpoint and Haystack Landing. quartz into the number 10: Provided, displayed the draw shall be opened Present regulations governing these That the application of this formula promptly on signal. bridges permit the draws to be un­ shall not result in a concentration in (d) Time clocks, acceptable to the attended if left in the fully open posi­ excess of any standard for respirable District Commander, shall be prominent­ tion and provide that during foggy dust established pursuant to the Act. ly displayed and shall indicate to ap­ weather a bell shall be tolled continu­ proaching vessels the remaining time be­ ously when the draws are open. The pro­ Exam ple: Given the respirable dust in a fore the draw is required to' open. posed regulations would continue to particular working place in a mine contains (e) The owners of or agencies con­ quartz in the amount of 6.6 percent. The permit the draw of the Blackpoint bridge total respirable dust limit in the particular trolling the drawbridges shall conspicu­ to be left unattended if left in the fully working place must, therefore, be maintained ously post notices both upstream and open position. During foggy weather, two at or below 1.5 milligrams of respirable dust downstream of the drawbridges, on the long blasts shall be sounded every minute 10 bridge or elsewhere, in such a manner per cubic meter of air ( ^-^ = 1.5 mg/ms) . when the draw is closed; three long blasts that they can readily be read at all times when the draw is fully open again and under normal conditions from an ap­ Approved: September 10,1970. no further signal thereafter indicating proaching vessel. These notices shall set the draw is in the open position. The E l l io t L. R ic h a r d s o n , forth the salient features of the regula­ draw of the Haystack Landing bridge Secretary. tions in this section. would require 2 hours advance notice at [F.R. Doc. 70-12351; Filed, Sept. 16, 1970; 3. Interested persons may participate all times. Authority for this action is 8:46 a.m.] in this proposed rule making by submit­ set forth in section 5, 28 Stat. 362, as ting written data, views, arguments, or amended (33 U.S.C. 499), section 6(g) (2) comments as they may desire on or be­ of the Department of Transportation fore October 19, 1970. All submissions Act (49 U.S.C. 1655(g) (2) and 49 CFR DEPARTMENT OF should be made in writing to the Com­ 1.46(c) (5 )). mander, Seventh Coast Guard District, 2. Accordingly, it is proposed to revise' TRANSPORTATION 51 Southwest First Avenue, Miami, Fla. 33 CFR 117.712(g) (1) to read as follows: 33130. § 117.712 Tributaries of San Francisco 4 Coast Guard 4. It is requested that each submission Bay and San Pablo Bay, Calif. state the subject to which it is directed, [ 33 CFR Part 117 1 * * * * * the specific wording recommended, the [CG FR 70-98] reason for any recommended change, and (g) Petaluma River-(. 1) Northwest­ ern Pacific Railroad Drawbridges-(i) HALIFAX RIVER (AIWW), FLA. the name, address and firm or organiza­ tion, if any, of the person making the- Blackpoint. The owner of or agency con­ Proposed Drawbridge Operation submission. trolling this bridge need not keep a drawtender in constant attendance ex­ Regulations 5. Each communication received with­ in the time specified will be fully con­ cept when the draw is in the closed po­ 1. The Commandant, U.S. Coast Guardsidered and evaluated before final action sition. During foggy weather when the is considering a request by the city of is taken on the proposal in this docu­ draw is closed 2 long blasts shall be' Daytona Beach, Fla., to establish spe­ ment. This proposal may be changed in sounded every minute; when the draw cial operation regulations for the light of the comments received. Copies is fully opened again, 3 blasts shall be bridges across the Halifax River (Atlan­ of all written communications received sounded. Thereafter, no further signal tic Intracoastal Waterway). Present will be available for examination by in­ shall be sounded,, indicating the draw regulations governing these bridges re­ terested persons at the office of the Com­ is in the fully open position. quire that they be opened on signal. The mander, Seventh Coast Guard District. (ii) Haystack Landing. At least 2 hours’ advance notice is required. proposed regulations would not require 6. After the time set for the submis­ their openings for navigation from 7:30 sion of comments by the interested par­ a.m. to 9 a.m. and 4:30 p.m. to 6 p.m., ties, the Commander, Seventh Coast 3. Interested persons may participate on all days except Sundays and legal Guard District will forward the record, in this proposed rule making by submit­ holidays. From 9 a.m. to 4:30 p.m. the including all written submissions and his ting written data, views, arguments, or draws need be opened only every 15 min­ recommendations with respect to the comments as they may desire on or be­ utes after each closure for the passage proposals and the submissions, to the fore October 19, 1970. All submissions of vessels. Authority for this action is Commandant, U.S. Coast Guard, Wash­ should be made in writing to the Com­ set forth in section 5, 28 Stat. 362, as ington, D.C. The Commandant will there­ mander, Twelfth Coast Guard District, amended (33 U.S.C. 499), section 6(g) (2) after make a final determination with 630 Sansome Street, San Francisco, of the Department of Transportation respect to these proposals. Calif. 94126.

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 PROPOSED RULE MAKING 14559

4. It is requested that each submission Mate and First Assistant and Second As­ Mate” or “Temporary Third Assistant state the subject to which it is directed, sistant Engineer. To meet the first prob­ Engineer” . the specific wording recommended, the lem, the Commandmant issued regula­ 2. Section 11.01-3 is revised to read as reason for any recommended change, tions published in the F ederal R eg ister follows: and the name, address and firm or or­ of March 17, 1966 (31 F.R. 4517), provid­ ganization, if any, of the person making ing for the issuance of licenses as § 11.01—3 Purpose. the submission. Temporary Third Mate and Temporary The regulations in this part provide 5. Each communication received Third Assistant Engineer, after exam­ reduced requirements of sea service by within the time specified will be fully ination, to applicants who had less sea which an applicant becomes eligible to considered and evaluated before final service than that required for regular li- take an examination for “Temporary action is taken on the proposal in this censës in those grades. To cope with the Third Mate” or “Temporary Third As­ document. This proposal may be changed second problem, other amendments is­ sistant Engineer” . in light of the comments received. Copies sued at the same time provided for en­ 3. Section 11.01-10 is revised to read dorsing regular licenses as Second and of all written communications received as follows:' will be available for examination by in­ Third Mates and Second and Third As­ terested persons at the office of the Com­ sistant Engineer to permit the holder to § 11.01—10 Duration of license in tem­ mander, Twelfth Coast Guard District. serve temporarily without examination, porary grade and cancellation of spe­ 6. After the time set for the submis­ in the next higher grade. Subsequent to cial endorsements. sion of comments by the interested par­ the issuance of these regulations, a short­ (a) License in temporary grade. (1) ties, the Commander, Twelfth Coast age of engineers licensed for service on A license in temporary grade as defined Guard District will forward the record, motor vessels was experienced. This was in § 11.05-15, which is issued under the including all written submissions and due to the greater utilization of motor provisions of this part shall be valid for his recommendations with respect to the propulsion instead of the steam plants a period of 5 years from the date of is­ proposals and the submissions, to the traditionally used. By a further docu­ suance unless it is suspended or revoked Commandant, U.S. Coast Guard, Wash­ ment published in the F ederal R eg ister as provided by R.S. 4450, as amended (46 ington, D.C. The Commandant will of November 28, 1968 (33 F.R. 17792), U.S.C. 239) and section 2 of the Act of thereafter make a final determination Part 11 was amended to establish the July 15, 1954 (46 U.S.C., 239(b)), or the with respect to these proposals. practice of endorsing regular licenses as provisions of this subpart are canceled Dated: September 9, 1970. an engineer of steam vessels to permit or suspended. the holder to serve temporarily in the , (2) Licenses in temporary grades shall C. R. B en d e r , same or lower grades, up to First As­ not be renewed. Admiral, U.S. Coast Guard, sistant Engineer, on motor vessels. Commandant. (b) Endorsements for temporary serv­ The Coast Guard has recently reviewed ice. Under regulations previously in ef­ [P.R. Doc. 70-12406; Filed, Sept. 16, 1970; the need to continue the temporary li­ fect, regular licenses have been endorsed 8:51 a.m.] censing provisions in the light of the to permit the holder to serve temporarily decreased requirements of the Viet Nam in the grade next higher than the grade operation. Members of the marine indus­ E 46 CFR Part 11 1 of the regular license and regular li­ try and regulatory agencies o f the censes as an engineer of steam vessels [CG FR 70-103] Government have Submitted their views have been endorsed to permit the holder on the subject. A considerable disparity TEMPORARY SERVICE to serve temporarily on motor vessels. exists in the opinions received. However, These endorsements for temporary serv­ Cancellation of Endorsements it reasonably appears that the shortage ice do not authorize the holder to sign of Chief and Second Mates, of First and articles of a vessel in the grade specified Notice is hereby given that the Com­ Second Assistant Engineers and of engi­ in the endorsement on or after (date to mandant, U.S. Coast Guard, is consider­ neers of motor vessels does not exist at be inserted will be effective date of any ing certain proposed amendments to this time to the degree which warrants regulations issued pursuant to this Part 11 of Title 46, Code of Federal Reg­ the continuation of these temporary pro­ notice). ulations. These amendments would ter­ visions. The problem of the need for minate the present practice of endorsing continuance of the temporary licenses Subpart 11.05— Definitions regular licenses as Second and Third as Third Mate and Third Assistant En­ Mates and as Second and Third Assistant gineer is still under consideration. I f it § 11.05—5 [Revoked] Engineers to permit the holder to serve is determined that the need for these 4. Section 11.05-5 is revoked. temporarily, without examination, in the provisions is no longer required a fur­ next higher grade. Also, the amendments ther notice of rule making will be issued. Subpart 11.15— Endorsements on Li­ would terminate the existing practice of Accordingly, it is proposed to amend censes To Permit Temporary Services endorsing regular licenses as an engineer Part 11 as follows: §§ 11.15—1— 11.15—5 [Revoked] of steam vessels to permit the holder to serve temporarily in the same or lower PART 11— LICENSES IN TEMPORARY 5. Subpart 11.15 is revoked. grade, up to First Assistant Engineer, GRADES OR SPECIAL ENDORSE­ Interested persons are invited to sub­ on motor vessels. In addition, the pro­ MENTS ON LICENSES TO PERMIT mit written data, views, arguments or posed amendments provide that endorse­ TEMPORARY SERVICE comments concerning these proposals to ments for temporary service on a cur­ the Commandant (C M C ), U.S. Coast rent regular license shall not authorize Subpart 11.01 — General Guard, Washington, D.C. 20591. Com­ the holder to sign articles of a vessel in munications received on or before Octo­ 1. Section 11.01-1 is revised to readber 30, 1970, will be considered before the grade specified in the endorsement as follows: on and after the effective date of any final action is taken on these proposals. regulations which are issued pursuant § 11.01—1. Application. It is requested that each .submission to this notice. (a) The regulations in this part apply state the section to which it Ts directed, About 5 years ago a shortage of li­ to all applicants for licenses to serve as the specific wording recommended, the censed officers was experienced due to “Temporary Third Mate” or “Temporary reason for the recommended change and the rapid increase in the number of ves­ Third Assistant Engineer” . the name and address and the firm or sels involved in the Viet Nam sealift. A organization, if any, of the person mak­ study of the problem by the Coast Guard (b) The applicable regulations in Part ing the submission. 10 of this subchapter apply in all casés mid by other agencies of the Govern­ In addition to publication in the F e d ­ except to the extent that certain require­ ment disclosed that there was a short­ eral R e g ister , copies of this document age in the total number of qualified ments in §§ 10.05-1 to 10.10-29 of this will be mailed to persons and organiza­ mcers, as well as a shortage of officers, chapter, inclusive, are modified to permit tions who have requested that they be voiding licenses as Chief and Second issuance of licenses as “Temporary Third furnished copies of proposed changes in

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14560 PROPOSED RULE MAKING the regulations. Copies will also be fur­ posals contained in this notice may be cluding the portion which overlies the nished upon request to the Commandant changed in the light of comments Minneapolis, Minn., control zone and exclud­ (C M C ). In addition, copies of this docu­ received. ing the area within a 1-mile radius of South St. Paul Municipal Airport (Fleming Field) ment will be available for examination at A public docket will be available for (latitude 44°51'25" N., longitude 93°01'55" the Office o f the Commandant (CMC), examination by interested persons in the W .). This control zone is effective during the Ü.S. Coast Guard Headquarters, Room Office of the Regional Counsel, Federal specific dates and times established in ad­ 8234, 400 Seventh Street SW., Washing­ Aviation Administration, Federal Build­ vance by a Notice to Airmen. To effective ton, D.C., as well as at the offices »of the ing, 601 East 12th Street, Kansas City, date and time will thereafter be continuously Coast Guard District Commanders. Each published in the Airman’s Information Mo. 64106. Manual. communication received within the time Since designation of controlled air­ specified will be fully considered and space at Minneapolis and St. Paul, Minn., (2) § 71.181 (35 F.R. 2134), the follow­ evaluated before final action is taken on amended instrument approach proce­ ing transition area is amended to read: the proposals in this document. Copies dures have been developed for the St. Minneapolis, Min n . 'of all written communications received Paul Downtown Airport, Anoka County will be available for examination by in­ That airspace extending upward from 700 Airport, Lake Elmo Airport and Crystal feet above the- surface within a 26-mile ra­ terested persons at U.S. Coast Guard Airport. In addition, the criteria for dius of Minneapolis-St. Paul International Headquarters, Room 8234, 400 Seventh designating controlled airspace have Airport (latitude 44°53'05" N., longitude Street SW., Washington, D.C., both be­ been changed since controlled airspace 93°13'15" W .); within a 28-mile radius of Minneapolis-St. Paul International Airport/ fore and after the closing date for the was designated for protection of IFR receipt of comments. Communications extending from the 206° bearing from the traffic at these airports and the Minne- airport clockwise to the 353° bearing from received will not be acknowledged. The apolis-St. Paul International, Flying proposals contained in this document the airport; and within 4% miles north and Cloud, South St. Paul, anc[ the Airlake 9 y2 miles south of the Flying Cloud VOR may be changed in the light of the com­ Industrial Airpark Airports. Accordingly, 292® radial, extending from the 28-mile- munications received. it is necessary to alter the control zones radius area to 18% miles west of the VOR; This proposal is made under the au­ at Minneapolis, Minn., Minneapolis, and that airspace extending upward from thority contained in R.S. 4405, as 1,200 feet above the surface within a 36-mlle Minn. (Crystal Airport), Minneapolis, radius of Minneapolis-St. Paul International amended (46 U.S.C. 375), R.S. 4462, as Minn. (Flying Cloud), and St. Paul, and amended (46 U.S.C. 416), Section 6(b) (1) Airport; that airspace west of Minneapolis the Minneapolis transition area to ade­ bounded on the south by V-26, on the north­ of the Department of Transportation Act quately protect aircraft executing the west by V-148, and on the east by the 36- (49 U.S.C. 1655(b)(1)) and 49 CFR amended approach procedures and to mile-radius area; and that airspace extend­ 1.46(b). comply with the new control zone and ing upward from 4,000 feet MSL southwest transition area criteria. of Minneapolis bounded on the north by Dated: September 9, 1970. V-26S, on the northeast by a 36-mile-radius In consideration of the foregoing, the C. R. B e n d e r , circle centered on Minneapolis-St. Paul In­ Admiral, U.S. Coast Guard, Federal Aviation Administration pro­ ternational Airport, on the southeast by poses to amend Part 71 of the Federal V-219 and on the southwest by V-24; and Commandant. Aviation Regulations as hereinafter set that airspace extending upward from 6,000 [P.R. Doc. 70-12402; Piled, Sept. 16, 1970; fortlri . s • feet MSL bounded by a line starting at the 8:51 a.m.] 36-mile-radius area west of Minneapolis (1) In § 71.171 (35 F.R. 2054), the fol­ southwest along the northwest edge of V- lowing control zones are amended to 148; thence clockwise along a 70-mile-radius Federal Aviation Administration read: arc from the Minneapolis-St. Paul Interna­ tional Airport to the southwest edge of V-55; M inneapolis, M in n . [ 14 CFR Part 71 1 thence southeast along the southwest edge Within a 5-mile radius of Minneapolis- of V-55 to the north edge of V-78; then [Airspace Docket No. 70-CE-81] St. Paul International Airport (latitude west along the north edge of V-78 to the 44°53'05" N., longitude 93*13'15” W .); 36-mile-radius area thence counterclockwise CONTROL ZONES AND TRANSITION within 2 miles each side of the Minneapolis along the 36-mile-radius arc to the north­ AREA M SP-ILS localizer front course extending west edge of V-148; and that airspace extend­ from the 5-mile-radius zone to 1 y2 miles ing upward from 8,000 feet MSL bounded on Proposed Alteration northwest of the MS-OM; within 2 miles the southwest by the northwest edge of The Federal Aviation Administration each side of the Minneapolis A PL-ILS local­ V-148; on the west by longitude 98°06'00" izer front course, extending from the 5-mile- W.; on the north by latitude 46#13'00” N.; is considering amending Part 71 of the radius zone to one-half mile southwest of on the northeast by the southwest edge of Federal Aviation Regulations so as to AP-OM. V-55; on the southeast by the 70-mile-radius alter the Minneapolis, Minn., and St. arc. Paul, Minn., control zones and the Minneapolis, Min n . (Crystal Airport) These amendments are proposed un­ Minneapolis, Minn., transition area. Within a 5-mile radius of Crystal Airport der the authority of section 307(a) of Interested persons may participate in (latitude 45®03'45" N., longitude 93°21'10" W .). This control zone is effective during the the Federal Aviation Act of 1958 (49 the proposed rule making by submitting specific dates and times established in ad­ U.S.C. 1348), and of section 6(c) of the such written data, views, or arguments vance by a Notice to Airman. The effective Department of Transportation Act (49 as they may desire. Communications date and time will thereafter be continu­ U.S.C. 1655(c)). should be submitted in triplicate to the ously published in the Airman’s Informa­ Director, Central Region, Attention: tion Manual. Issued in Kansas City, Mo., on Au­ gust 27, 1970. Chief, Air Traffic Division, Federal Minneapolis, Min n . (F lyin g Cloud) Aviation Administration, Federal Build­ D a n ie l E. B arrow , ing, 601 East 12th Street, Kansas City, Within a 5-mile radius of Flying Cloud Director, Central Region. Airport (latitude 44°49'30" N., longitude Mo. 64106. All communications received 93°27'45" W .); within 2% miles each side of [F.R. Doc. 70-12379; Filed, Sept. 16, 1970; within 45 days after publication of this the Flying Cloud VOR 292° radial, extend­ 8:49 a.m.] notice in the F ederal R eg ister will be ing from the 5-mile radius zone to 7% miles considered before action is taken on the west of the VOR; and within 2 y2 miles each proposed amendments. No public hear­ side of the Flying Cloud VOR 179* radial ex­ [1 4 CFR Part 71 1 ing is contemplated at this time, but ar­ tending from the 5-mile radius zone to 6 % [Airspace Docket No. 70-CE-83] rangements for informal conferences miles south of the VOR. This control zone is effective during the speciffir-dates and times TRANSITION AREA with Federal Aviation Administration established in advance by a Notice to Air­ officials may be made by contacting the men. The effective date and times will there­ . Proposed Designation Regional Air Traffic Division Chief. Any after be continuously published in the Air­ data, views, or arguments presented dur­ man’s Information Manual.. The Federal Aviation Administration ing such conferences must also be sub­ St . Paul, Min n . is considering amending Part 71 of the mitted in writing in accordance with Federal Aviation Regulations so as to Within a 5-mile radius of St. Paul Down­ this notice in order to become part of town Airport (Holman Field) latitude designate a transition area at Burwell, the record for consideration. The pro- 44®56'10" N„ longitude 93#03'40" W .), ex­ Nebr.

FEDERAL REGISTER, VO!* 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 PROPOSED RULE MAKING 14561

Interested persons may participate in [ 14 CFR Part 71 1 portion which overlies the Grandview, Mo., the proposed rule making by submitting 1 ,200-foot floor transition area. [Airspace Docket No. 70—CE-86] such written data, views, or arguments This amendment is proposed under as they may desire. Communications TRANSITION AREA the authority of section 307(a) of the should be submitted in triplicate to the Federal Aviation Act of 1958 (49 U.S.C. Director, Central Region, Attention: Proposed Designation 1348), and of section 6(c) of the De­ Chief, Air Traffic Division, Federal Avi­ The Federal Aviation Administration partment of Transportation Act (49 ation Administration, Federal Building, is considering amending Part 71 of the U.S.C. 1655(c)). 601 East 12th Street, Kansas City, Mo. Federal Aviation Regulations so as to 64106. All communications received Issued in Kansas City, Mo., on August designate a transition area at Nevada, 27,1970. within 45 days after publication of this Mo. notice in the F ederal R egister will be Daniel E. Barrow, considered before action is taken on the Interested persons may participate in Acting Director, Central Region. the proposed rule making by submitting proposed amendment. No public hearing [F.R. Doc. 70-12381; Filed, Sept. 16, 1970; is contemplated at this time, but ar­ such written data, views, or arguments 8:49 am .] rangements for informal conferences as they may desire. Communications with Federal Aviation Administration should be submitted in triplicate to the officials may be made by contacting the Director, Central Region, Attention: Regional Air Traffic Division Chief. Any Chief, Air Traffic Division, Federal Avia­ FEDERAL COMMUNICATIONS data, views, or arguments presented dur­ tion Administration, Federal Building, ing such conferences must also be sub­ 601 East 12th Street, Kansas- City, Mo. mitted in writing in accordance with this 64106. All communications received COMMISSION notice in order to become part of the within 45 days after publication of this [ 47 CFR Part 73 3 record for consideration. The proposal notice in the F ederal R egister will be contained in this notice may be changed considered before action is taken on the [Docket No. 19000; FCC 70-980] in the light of comments received. proposed amendment. No public hearing is contemplated at this time, but ar­ FM BROADCAST STATION TABLE OF A public docket will be available for ASSIGNMENTS examination by interested persons in the rangements for informal conferences Office of the Regional Counsel, Federal with Federal Aviation Administration Notice of Proposed Rule Making Aviation Administration, Federal Build­ officials may be made by contacting the ing, 601 East 12th Street, Kansas City, Regional Air Traffic Division Chief. Any 1. Notice of proposed rule making Mo. 64106. data, views, or arguments presented dur­ is hereby given concerning proposed A new public use instrument approach ing such conferences must also be sub­ changes in § 73.202(b) of the Commis­ procedure has been developed for the mitted in writing in accordance with this sion’s rules, the FM Table of Assign­ Burwell, Nebr., Municipal Airport utiliz­ notice in order to become part of the ments, sought in two pending petitions ing a State-owned nondirectional radio record for consideration. The proposal for rule making and involving the com­ beacon as a navigational aid. Conse­ contained in this notice may be changed munities listed above. quently, it is necessary to provide con­ in the light of comments received. 2. The two cases present somewhat trolled airspace protection for aircraft A public docket will be available for similar situations. In both, a party in­ executing this new approach,procedure examination by interested persons in the terested in an existing FM -station—the by designating a transition area at Bur- Office of the Regional Counsel, Federal licensee of Station KFAD, Cleburne, well, Nebr. The new will become effective Aviation Administration, Federal Build­ Tex., and the proposed assignee of the concurrently with the designation of the ing, 601 East 12th Street, Kansas City, license of Station W AGY-FM , Forest transition area. EFR air traffic at this Mo. 64106. City, N.C.—1 seeks to change the station’s location will be controlled by the Den­ A new public use instrument approach city of license to a different community, ver Air Route Traffic Control Center. procedure has been developed for Ne­ and this requires a change in the table In consideration of the foregoing, the vada, Mo., Municipal Airport, utilizing of assignments since the communities are federal Aviation Administration pro­ a city-owned nondirectional radio bea­ farther from the present cities of assign­ poses to amend Part 71 of the Federal con as a navigational aid. Consequently, ment and license than the distances spec­ Aviation Regulations as hereinafter set it is necessary to provide controlled air­ ified in § 73.203(b), the “ 10-mile” and forth: space protection for aircraft executing “ 15-mile” rule. No engineering changes . § 71.181 (35 F.R. 2134), the follow- this new approach procedure by desig­ are involved, since the parties seek to % transition area is added: nating a transition area at Nevada, Mo. continue the present facilities at the The new procedure will become effective present locations, from which they put BtrawELL, N ebr. concurrently with the designation of the a principal-city signal (3.16 mv/m) over That airspace extending upward from 700 transition area. IFR air traffic at this the cities proposed for assignment. The above the surface within a 7% -mile ™oius of Burwell Municipal Airport (lati­ location will be controlled by the Kansas latter are Gaffney, S.C., in the Forest tude 41 »46' 30” N., longitude 99°09'00” W .); City Air Route Traffic Control Center. City case, and Arlington, Tex., in the within 3 miles each side of the 330° In consideration of the foregoing, the Cleburne case. Gaffney is about 2 miles "j^ing from the Burwell Municipal Airport, Federal Aviation Administration pro­ from Forest City and Arlington is some «ending from the 7% -mile-radius area to poses to amend Part 71 of the Federal 25 miles from Cleburne: in both cases miles northwest of the airport, and that the city proposed for assignment is in a ““«pace extending upward from 1,200 feet Aviation Regulations as hereinafter set different county, and in the first case in a wve the surface within 4% miles north- forth: different State. In both cases the FM as­ and 9ya miles southwest of the 330° In § 71.181 (35 F.R. 2134), the follow­ from the Burwell Municipal Airport, signment and station would be the first «ending from the airport to 18 y2 miles ing transition area is added: in the new community. Northwest of the airport. Nevada, Mo. 3. The petition concerning Cleburne specifically seeks, and it is implicit in the a»tiiui amendment iS proposed under the That airspace extending upward from 700 uthonty of section 307(a) of the Fed- feet above the surface within a 7-mile radius Aviation Act of 1958 <49 U.S.C. of the Nevada Municipal Airport (latitude 1 The assignment is proposed in BALH- menf an^ action 6(c) of the Depart- 37°51'00” N„ longitude 94°18'00” W .); and 1291, tendered Dec. 3, 1969; the proposed as­ jggc™ Transportation Act (49 U.S.C. within 3 miles each side of the 037° bearing signee is Gaffney Broadcasting, Inc., the from the Nevada Municipal Airport extend­ licensee of daytime AM Station WEAC, Gaff­ ing from the 7-mile-radius area to 8 miles ney. The associated Forest City AM station Issued in Kansas City, Mo., on Au- Northeast of the airport; and that airspace WAGY, is not included in the assignment 27,1970. extending upward from 1,200 feet above the application. D aniel E. Barrow, surface within 4% miles Southeast and 9 y2 In the Texas case, the licensee of Station Acting Director, Central Region. miles Northwest of the 037° and 217° bear­ KFAD(FM), Cleburne, is Jim Gordon, Inc. ings from Nevada Municipal Airport, extend­ Cleburne has a daytime AM station, KCL.E, •ft. Doc. 70-12380; Piled, Sept. 16, 1970; ing from 3 miles Southwest to 18 y2 miles formerly but not now associated in owner­ 8:49 a.m.] Northeast of the airport, excluding the ship with the FM station.

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14562 PROPOSED RULE MAKING

Gaffney petition although not specifically stated that only about 6 hours a day of only secondarily with Arlington. The sta­ mentioned, the modification of the AM programing would be duplicated on tion has been losing money. It is recog­ license of the existing station to specify FM. Petitioner points out that Forest nized that the change would leave Cle­ the new city (on the same channel). As City will continue to have one full-time burne without a full-time local outlet or to this point, see paragraph 12, below. broadcast outlet and local FM signal, FM channel, but it is stated that the 4. Forest City-Gaffney. In support of from WBBO-FM, as well as continued station will continue to make substantial its request, to reassign Channel 287(C) service from the station if reassigned to efforts to meet the needs of jClebume and from Forest City to Gaffney, Gaffney Gaffney, and urges that the reassignment Johnson County. The petitioner states Broadcasting, Inc., urges the need for would mean a fairer and more equitable that if the Commission believes it ap­ local nighttime service in that city and distribution of broadcast facilities.5 propriate it may condition the reassign­ its county, now having no local night­ 6. Under these circumstances, reas­ ment and license modification on the time broadcasting outlet. The 1960 Cen­ signment of Channel 287 from Forest station’s identifying itself as Arlington- sus populations of Gaffney and Cherokee City, N.C., to Gaffney, S.C., appears to Cleburne, and maintaining studios in County (of which it is the county seat) be in the public interest, and it is pro­ both cities as it does now. The licensee are respectively 10,435 and 35,205; a posed herein. would accept those conditions. current Chamber of Commerce estimate 7. Clebume-Arlington, Tex. Both Cle­ 9. Attached to the petition are 11 let­ is 19,377 and 36,725 respectively. The only burne and Arlington, the * present and ters from Arlington city officials (includ­ broadcast outlets in the county are the proposed cities of license of Station ing the Mayor), civic and religious two daytime-only AM stations at Gaff­ KFAD, are in the Fort Worth Standard organizations, and UTA, urging the im­ ney, WEAC and WFGN. As petitioner Metropolitan Statistical Area (1960 Cen-- portance of the city’s having a local points out, an earlier effort to find an sus). Cleburne, 1960 population 15,381, is broadcast outlet, praising the past efforts FM channel for Gaffney had to be denied, the county seat of Johnson County; the of KFAD to meet local needs, and (some simply because it would have been too city and county now have only one other of them) expressing the lack of truly costly in terms of the required deletion broadcast outlet, daytime-only (Class II) locally oriented service from Dallas and of channel assignments elsewhere.2 For­ Station KCLE, Cleburne. Cleburne is Fort Worth stations, with their need to est City is smaller (1960 Census popula­ some 25 miles south of Fort Worth, with cover many communities and a large tion 6,556); it is the largest town but its multiple AM and FM stations. Arling­ area. not the county seat of Rutherford ton lies east of Forth Worth, adjoining 10. Under the circumstances described, County, N.C., population 45,091. The that city at some places and about 12 we believe the matter of reassigning broadcast outlets and FM channels in miles distant center to center; it is in the Channel 235 from Cleburne to Arlington, this county consist of two daytime-only same county (Tarrant) and urbanized Tex., warrants comments. AM stations at Forest City and one at area. Arlington now has no local station; 11. The Commission’s proposals: In Rutherfordton (the county seat), and of the communities located between Dal­ view of the foregoing, comments are in­ two Class C FM stations at Forest City las and Fort Worth, four of them over vited on the following proposed changes (W AG Y-FM on Channel 287 and WBBO- 10,000, 1960 Census population, only one in section 73.202(b) of the rules, the FM on Channel 227).8 Gaffney is some­ (Grand Prairie) has a local station (day­ table of FM assignments: what closer to a larger population center, time-only AM ) and none has an FM about 18 miles from Spartanburg, S.C. channel. The 1960 Census population of Arlington was 44,775, an increase of some Channel No. 5. Petitioner made a substantial sur­ City 37,000 since 1950; petitioner asserts that Present Proposed vey of community needs in and around the estimated 1970 population is 102,000, Gaffney in connection with the assign­ whereas that of Cleburne is 17,709 (both Forest City, N.C...... 227,287 227 ment application, and in its petition cites Gaffney, S.C...... 287 Chamber of Commerce figures). Arlington, Tex___ 235 various programing needs based on the 8. Station KFAD, which has been survey, which it proposes to meet with Cleburne, Tex____ ...... 236 ...... owned separately from the Cleburne AM its FM service, particularly at night when station since 1960, is located about mid­ 12. As noted earlier, the Cleburne peti­ AM is not available. These include local way between Cleburne and Arlington, elections which must be presented on tion requests, and the Gaffney petition with studios in both cities and permis­ asks by implication even though not ex- election night, local nighttime events sion to identify itself as Cleburne- (civic dinner meetings, etc.), school clos­ plicitly requesting, that the existing sta­ Arlington. It states that it now renders ings, etc.,4 events at the local college, tion license be modified to specify the substantial service of a local nature to live coverage of sports events such as new city, Gaffiiey, S.C., and Arlington, the latter city, including programs per­ Tex.v respectively. I f ho comments are local basketball games held at night, taining to the University of Texas at weather and farm information, emer­ filed in this proceeding by other parties Arlington (U TA ), a 14,000-student 4- gency defense information (the AM sta­ expressing interest in using the channel, year university located there. UTA bas­ tion holds a National Defense Emergen­ and if it is concluded that reassignment ketball games have been carried. The cy Authorization), and other nighttime of the channel is warranted, it is pro­ move is requested as a matter of eco­ posed to modify the license of Station entertainment and information. It is nomic necessity, since Cleburne generates W AGY-FM , Channel 287, to specify very little business (none since termina­ Gaffney, S.C., and the license of Station 2 In the Matter of Amendment of § 73.202, tion of the high school football broad­ KFAD, Channel 235, .to specify Arling­ etc., Gaffney, S.C., etc., 4 R.R. 2d 1517, FCO casts and season in November 1969), ton, Tex.® and Arlington merchants are reluctant 65-61, January 1965. 13. Authority for the adoption of the »Both of these stations were operating at to advertise on the station as long as it amendments proposed herein is con­ the time the present FM allocation rules and is primarily identified with Cleburne and table of assignments were adopted in the tained in sections 4 (i), 303, and 307(b) early 1960’s. Otherwise, it is highly unlikely of the Communications Act of 1934, as that two Class C channels would have been »The Gaffney Broadcasting, Inc., applica­ amended. assigned to Forest City. tion to acquire WAGY-FM is not condi­ 4 With respect to “presunrise” operation, tioned on the assignment and it is stated important in this connection, AM Station that it is prepared to operate a Forest City 6 Both of the existing stations involve short WEAC is limited in this respect, since (a station, even though it urges that the chan­ separations to stations in other cities: Forest Class II station) it is confined to 17 watts nel should be reassigned to Gaffney. The City-Gaffney to Charlotte, N.C., and power and hours after sunrise at Washing­ application appears to present no problems, Clebume-Arlington to Gainesville, McKin­ ton, D.C., when that is earlier than sunrise and could be granted by staff action, except ney, and Wichita Falls, Tex. If other uses at Gaffney. W A G Y, Forest City, has full pre­ that the community survey was done on the of these channels are contemplated, poten­ sunrise authority (500 watts beginning at 6 basis of Gaffney and surrounding area in tial applicants should be aware that no a.m.). Hie other Gaffney and Forest City South Carolina, rather than Forest City, and location will be permitted which creates stations, both Class II, do not operate pre-' therefore grant is not appropriate until the separations less than those involved in the sunrise. channel is reassigned. present operations.

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 PROPOSED RULE MAKING 14563

14. Pursuant to applicable procedures [ 47 CFR Part 73 ] ceedings, coupled with the impact of summer vacation schedules, it is impos­ set out in § 1.415 of the Commission’s [Docket No. 18928] rules, interested persons may file com­ sible to complete work on the comments. ments on or before October 20,1970, and LICENSEE CONTROL OF MATTER 3. It appears that the requested addi­ reply comments on or before Novem­ BROADCAST DURING TELEPHONE tional time is warranted and would serve the public interest. Accordingly, it is or­ ber 3,1970. All submissions by parties to INTERVIEW PROGRAMS this proceeding or by persons acting in dered, That the request filed by Counsel behalf of such parties must be made in Order Extending Time for Filing for Greater Indianapolis Broadcasting written comments, reply comments or Comments and Reply Comments Co., Inc., Hudson-Westchester Radio, other appropriate pleadings. Inc., OK Broadcasting Corp., arid Texas 15. In accordance with the provisions 1. This proceeding was begun by notice Star Broadcasting Co., for extension 9f of § 1.419 of the rules, an original and of proposed rule making (FCC 70-816) time is granted to and including October 14 copies of all comments, replies, plead­ adopted July 22, 1970, released July 24, 15, 1970, for filing comments and Octo­ 1970, and published in the F ederal R eg­ ber 30,1970, for reply comments. ings, briefs, and other documents shall ister July 29, 1970, 35 F.R. 12132. The 4. This action is taken pursuant to au­ be furnished the Commission. dates for filing comments and reply com­ thority found in sections 4 (i), 5 (d )(1 ), Adopted: September 9, 1970. ments are presently September 15, 1970 and 303 (r) of the Communications Act and October 1,1970, respectively. Released: September 11, 1970. of 1934, as amended, and § 0.281(d) (8) 2. On September 9, 1970, Counsel for of the Commission’s rules and regulations. F ederal Communications Greater Indianapolis Broadcasting Co., Comm ission,7 Inc., Hudson-Westchester Radio, Inc., Adopted: September 11, 1970. [ seal] B en F. W aple, O K Broadcasting Corp., and Texas Star Released: September 14, 1970. Secretary. Broadcasting Co., filed a request to ex­ G eorge S. Sm it h , tend the time for filing comments to Oc­ [F.R. Doc. 70-12387; Piled, Sept. 16, 1970; Chief, Broadcast Bureau. 8:49 a.m.] tober 15, 1970. Counsel for above listed parties states that due. to pressure of [F R . Doc. 70-12388; Piled, Sept. 16, 1970; T Commissioner H. Rex Lee absent. other rule making and adjudicative pro- 8:49 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 No, 181- 14564 Notices

1926 (44 Stat. 741), as amended (43 Sec. 17, lot 13 and NWÎ4; ATOMIC ENERGY COMMISSION U.S.C. 869), and the mineral leasing laws. Sec. 18, lots 2,3, NE%, and E % NW % . The lands described in Group I I I below T. 14 N., R. 4 E., f [Docket No. 50-231] are further segregated from all other Sec. 3, lots 1 to 8, Inclusive, and S%Sy2; Sec. 4, lots 1 to 7, inclusive, Sy2NWK, forms of appropriation, including the SWi4,andSy2SEi4; GENERAL ELECTRIC CO. AND SOUTH­ general mining laws, but not the mineral WEST ATOMIC ENERGY ASSOCIATES Sec. 5; leasing or material sales laws. As used Sec. 6, lots 1,2, Si/2NEy4, and S E& ; Order Extending Provisional herein, “public lands” means any lands Sec. 7, Ey2; withdrawn or reserved by Executive Secs. 8, 9 and 10; Operating License Expiration Date Order No. 6910 of November 26, 1934, as sec. 11 , w y 2w y 2; General Electric Co. and Southwest amended, or within a grazing district Sec. 17;: established pursuant to the Act of Sec. 18,Ei/2Ey2; Atomic Energy Associates having filed Sec. 19,Ey2Ey2; a request dated August 24, 1970, for an June 28, 1934 (48 Stat. 1269), as Sec. 20; extension of the expiration date of Pro­ amended, which are not otherwise with­ Sec. 2 1, w y 2; visional Operating License No. DR-15 drawn or reserved for Federal use or Sec. 27, SWV4SW14; which authorizes the possession and purpose. Sec. 28, NWy4 and sy¡ ; operation of the Southwest Experimental 2. No adverse comments were received Sec. 29; Fast Oxide Reactor (SEFO R), a sodium- following publication of a notice of pro­ Sec. 30, Ey2Ey2; cooled experimental reactor, at thermal Sec.'31,Ey2NEy4; ^ posed classification (35 F.R. 8696-8697), Sec.33; power levels not to exceed 20 megawatts or at the public hearing held in Santa Fe, Sec. 34, sy2NE]4, Wy2, and SE}4; located in Coves Creek Township, Wash­ N. Mex., June 23, 1970. The record show­ Sec. 35, lot 9 end w y 2SWy4. ington County, Ark., and good cause hav­ ing the comments received and other T. 15 N„ R. 4 E., ing been shown in the application for information is on file and can be ex­ Sec. 7, lots 1,4, and S E ^ S E ^ ; this extension pursuant to 10 CFR, § 50.57 amined in the Albuquerque District Sec. 8, lots 2,3,4, Ey2NEy4, and Sy£; (d) of the Commission’s regulations: It Office, Bureau of Land Management, 1304 Sec. 9, lots 1, 2, Sy2NEy4, NWV4, and Sy2; is hereby ordered, That the expiration Fourth Street NW „ Albuquerque, N. Mex. Sec. 10, lots 1 to 5, inclusive, NW&SWy^ date of provisional Operating License Ño. 87107, and in the Land Office, U.S. Post andSy2SWy4; DR-15 is extended from September 4, Sec. 11, lot 1; Office and Federal Building, Santa Fe, Sec. 15, w y 2Ey2 a n d w y 2; 1970, to March 4,1972. N. Mex. 87501. The public lands affected Sec. 17; Dated at Bethesda, Md., this 28th day by this classification are located within Sec. 18,Ey2; of August 1970. the following described areas and are Sec. 19,Ey2; shown on maps designated 1-11, La Secs. 20 and 21; For the Atomic Energy Commission. Cienega Planning Unit, on file in the Al­ Sec. 22, w y 2; buquerque District Office and in the New Sec. 27, W % E % and W % ; P eter A. M orris, Sec. 28; Director, Mexico Land Office in Santa Fe, N. Mex. Sec. 29, N W ^ N E ^ , sy2NE»4, NW1/4, and Division of Reactor Licensing. New Mexico Principal Meridian sy2; [F.R. Doc. 70-12352; Filed, Sept. 16, 1970; Sec. 30, e y2; GROUP I— LA CIENEGA PLANNING UNIT Sec. 31,Ei£; 8:46 a.m.] Jemez Dam Block Secs. 33 and 34. T. 13 N., R. 3 E., Tejón Block sec. i, swy4 Nw y4 , w y 2sw y 4 , s e ^ s w ^ , T. 13 N„ R. 6 E., DEPARTMENT OF THE INTERIOR and SEi/4 ; Sec. 1, SVi; Sec. 3, lots 9, 10, 11, 12, s y 2Ny2, and Sy2; Sec. 3, lots 1, 2, 3, 4, Sy2N % , Wy2SW}4, Bureau of Land Management Sec. 4, lots 9, 10, 11, 12, s y 2Ny2, and Sy2; Ey2SEy4; [New Mexico 9491] Sec. 9, Ey2 and Ey2w y 2; Sco* 4* Secs. 10 to 14, inclusive; Sec! 5, lots 1, 2, Sy2NE^, W ^SW^, and NEW MEXICO Sec. 15, N E 14, Ny2NWy4, NE^SW^NW^, SE%; n y2 n w Yt sw 14 n w 14, SEy4 Nwy4 S w % Sec. 6, lots 3 to 7, inclusive, SEi/4NW!4> Notice of Classification of Public Lands Nw y4, NEi4 SEy4 SW % Nw y4 , Ny2Nw y4 Ey2SWy4,andSEy4; for Multiple-Use Management SEy4Swy4NWi4, s e ^ n w ^ , n i/2n e v 4 5ec. 7,SEy4swy4; NE%SW 14, N y2 S W y4 NE % NE y4 S W y4 » Sec. 8, Ey2 ; September 9, 1970. SE 14 NE % NE % S'W Yt, N y2 NE V4 NW % NE y4 Secs. 9 and 10; 1. Pursuant to the Act of Septem­ sw y 4 , n e 14s e 14, Ny2Nw y4SEy4 , n e % Sec. 14, Ny2 and S W ‘,4; S W ^ N W & S E ^ , N y2 NW 1/4 S W14NW1/4 Sec.15; ber 19, 1964 (43 U.S.C. 1411-18), and the SE14, N i/2 SE 14 SW y4 N W14 SE 14, SEI/4 regulations in 43 CFR Parts 2400 and Sec. 16, Sy2NWy4; NW 14 SE1/4, NE y4 NE 14 SW V4 SE y , NE% Sec. 17,Sy2NEy4; 2460, the public-lands within the areas s e i 4s e i,4, Ny2 n w i/4 s e 14SE V4 , My2s w y 4 Sec. 21, lots 10, 11, 12, 13, N E ^ N E ^ - and described below are hereby classified for N w y4SEy4SEi/4, s e y4 n w y4 s e y4 SE14, n y2 NE % SE 14; multiple use management. Publication NE % S'W14 SE 14 SE y4, N i/2 SE y4 SÉÎ4 SE y4, Sec. 22, Ni/2 and Ny2sy2; of this notice has the effect of segregat­ and N y2 SE 14 SE y4 SE y4 SE y4 ; Sec. 23, Wy2W%; ing all the described lands from appro­ Sec. 23, Ny2NEy4NWy4, N i/zSW & NE^NW te, Sec. 25, NW % and Wi/2SWy4; priation under the agricultural land laws s e y4 s w 14 n e y4Nw y4, s e ^ n e ^ n w ^ , Sec. 26, Sy2; . n e % n w %n w % , NEy4N w y4N w y4N w y4, Sec. 27, S%NEÎ4, N W ^ S W ^ , NE^SEy4. (43 U.S.C. Parts 7 and 9; 25 U.S.C. sec. n y2 n w y4 n w y4 n w y4 n w %, n y2 n e »4 s e 14 334) and from sales under section 2455 of andSy2Si/2; NWy4 NW%, NE^NE^SE^NW^, and Sec. 28, lots 1 to 9, inclusive, and Ey2', the Revised Statutes (43U.S.C. 1171) and n y2 n w y4 n e y4 s e y4 n w y4. Sec. 34, E y2; the lands in Group I shall remain open T. 13 N., R. 4 E., Sec. 35, Ny2 and w y 2SWi/4; to all other applicable forms of appro­ Sec. 3, lots 4, 5, 6, W ^ N E ^ , and NWy4; Sec. 36, SW&NWyj, and w y 2SWi/4. priation, including the general mining Sec. 4, lots 1, 2, 3, 4, 5, 6, 7, N E & , Ey2NWy4, T. 14 N., R. 6 E., Ny SEi/4, and SWy4 BEy4; and mineral leasing laws. The lands 2 Sec. 9, lots 9,10, and S y2 ; described in Group II below are further Sec. 5, lot 5 and Ey2SE*/4 ; Sec. 10, lots 10,11,12,13, and S ‘/2Sy2; Sec. 6, lot 4, SEy4 &®ty4, and SWy4SE]4; segregated from all other forms of ap­ Sec. 7; Sec. 11, lots 9,10, and 11; propriation except for public uses and Sec. 8, E y2 NE 14 and Sy2SWy4; Sec..13, lots 5, 6, 7, 8, S W & N E ^ , S&NW}4> development under the Act of June 14, Sec. 9, lots 5, 6, 7, and 8; and SVfc;

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14565

Sec. 14, lot 2, NW^NE%, S^NE^, Wy2, T. 18 N., R. 7 E., group n and SE *4; Sec. 1, lots 1,2,3,4, and E^E.y^; T. 13 N., R. 3 E., Sec. 15; Sec. 12, lots 1, 2, and NEy4NE}4. Sec. 2 3 , Ny2NEi4 , Ny2SW^NEy4 , N 1/2NE14 Secs. 19 to 26, inclusive; T. 15 N., R. 8 E., s w y4 s w 14 NE 14, N y2 SE14 SW 14 NE 14, n y2 sec. 27, n y2, NEy4 s w y 4, n % n w % s w %. Sec. 6, lot 4. S W % SE y4 S W % NE 14, SE % SEI4 SW >4 w y2 s w y4 n w % sw %, s e î 4 s w % n w % NEy4 , SE 1,4 NE 14, N E1/4 NE1/4 S E 1,4 , NEV4 T. 16 N., R. 8 E., NWy4NEi/4SEy4, Ni/2NWy4NWy4NEi/4 sw y4, NE i/4 SE i/4 NW y4 s w %, s y 2 SE% Sec. 7; NW^SW%, Si/aSW^, and SE 14; SE 1/4 , Ny2SE 1,4 NW % NE y4SE y4, and Ny2 Sec. 8, lots 2,3,4, Nwy4, and w y 2SW»4 ; NE 14 SE 1/4 NE y4 SE y4 ; Sec. 28, NE% and S%; an d 4; Sec. 17, lots 1 Sec. 24, N % , NE%SW14, Ny2Nwy4Swy4, Sec. 29.EÎ4E&; Sec. 19, lots 1, 2,3,4, 5, N% NEi4, SEy4NEy4» Ni,4sw y 4 Nw y4 Swy4 , n ^ s w ^ s w ^ Sec. 30; and Ey2NW^4; N w % s w y 4 , SE% sw y4 N w ^ s w % , s e % Sec. 31, NE% and E ^ S E ^ ; Sec. 20, lots 1 and 2; N w y4s w % , n y2n e 14s w 14sw y 4 , Ny2 Sec. 32, NEy4NE%, Sy2NEy4, NW>/4, Ny2 Sec. 30, lots 2, 3, 6, and S ^ S E ^ ; s e y n e y s w y s w %, Ny2SE % sw y4 , SWV4, and SE %; Sec. 31, lots 2 to 8, inclusive, NE% , SE% 4 4 4 Sec. 33; n e % s w y4 s e % sw 14, SEy4 SEy4Swy4 , NW 14, NEy4SWy4, and N^SE^. ' and SE14; Sec. 34, NV2I - . . T. 17 N., R. 8 E., Sec. 35. Sec. 25, NE 14 NE 14, NE^NW^NE^, Ny2 Sec. 3, lots 1, 2, 3, 4, Sy2N ^ , N ^ S ^ , and N w y 4Nw%NE%, N^swy 4 N w y4Nw y4 T. 13 N., R. 7 E., s y s w y 4; Sec. 6, lots 1, 2, S, 4, and W% ; 2 NE 14, SE 14 N W y4 N W % NE y4 , Ny2NEy4 Sec. 4, lots 1 to 6, inclusive, S ^ N E ^ , and SW%NW 14NE%, N%SEy4 ,N W ^ N E % , Sec. 7, lots 1, 2, 3, 4, and W%wy2; Ey2SE%; Sec. 18, lots 1, 2, 3, Wy2NW»4 , and N W 1/« s e V4 s e y4 n w y4 n e y4, and Ny2NEy4 Sec. 9, lots 1,2, 3,4, a n d E ^ N E ^ ; NE 14 NE 14 NW 1,4 . SW&; Sec. 10, w 54; Sec. 31, lots 1, 2, 3, 4, and sec.*i5,'iots i, 2, Ey2wy2; Nwy4Nwy4,swy4 The area described above agregates 832.50 T. 14 N., R. 7 E., SW 1/4 , and Sy2SEy4 ; acres. Sec. , lots and ; 17 10 11 Sec. 21, lot 1; GROUP HI Sec. 18, lots 5, 6, 7,8, SW»4, and Sy2SEÎ4; T. 17 N., R. 5 E„ Sec. ; Sec. 22" 19 Sec. 23^ Wy2NE% and w y 2; Sec. 27, lots 1, 2, Sy2SWy4, and SE%; Sec. 20, lots 1, 2, 3, and 4; Sec. 24, Ei/2, Ey2w y 2, and w y 2SW % ; Sec. 28,SEy4SEi4; Sec. 29, lots 1 and 2; Sec. 30, lots 2, 3, 4, Ny2SW^, and NW ‘/4 Sec. , lots , , , , , N ^ N ^ , SWy NWy4, Sec. 26; 30 1 2 3 4 5 4 Sec. 27, Ny2; SEÎ4; and,wy2SWÎ4; Sec.33,NEyiSEi4; Sec. , lots , , , , and Wy W%. Sec. 30, lot 1; 31 1 2 3 4 2 Sec. 31, lots 1, 2, 3, 5, and NEy4SWy4! Sec. 34, NWy4 and N 14SW 14. Tent Rocks Block Sec. 35, lots 1 to 8, inclusive, N E 14, E % The ^irea described above aggregates 707.58 NW ‘/4, NEHSW 14, and NW *4SE% , T. 16 N., R. 4 E., acres. ScOS X ftTi et 3 * T. 18 N., R. 8 E,, Sec. 10, lots 5, 6, 7, 8, N^NE^, SE^NE^, Sec. 1, lots 1,2, and 3; 3. For a period of 30 days from date of and NE % NW %; Secs. 3,4, 5, and 6; publication in the F ederal R egister, this Sec. 11, lots 2, 3, Ey2, NWÎ4, and Ny2SWyi; Sec. 7, lots 1, 2, 3, 4, 5, N E 14, Ei/aNW^, and classification shall be subject to the ex­ Sec. 12; , NEy4SEy4; Sec. 13, lots 6 to 12, inclusive, W%NEÎ4, Secs. 8, 9 and 11; ercise of administrative review and modi­ Ny2NWi4, and SE^NW%; Sec. 12, lots 1, 2, 3, 4, W % , and w y 2SE%; fication by the Secretary of the Interior Sec. 14, lots 4 and 5. Sec. is , Sy2; as provided for in 43 CFR 2461.3. For a T. 16 N., R. 5 E., Sec. 14' Sec. 3, lots 1 to 6, inclusive, S ^ N W î i , and Sec.' 17, lots 1, 2, Ey2NEJ4, Wy2N W ‘/4, E & period of 30 days, interested parties may SW%; SW%,andSE%; submit comments to the Secretary of the Sec. 4, lots 1 ,2 ,3 ,4, S ^ N ^ , and Sy2 ; Sec. 20, lots 1, 2,3,4, N E & and Ey2S ^ 4 ; Interior, LL.M, 721, Washington, D.C. Sec. 5, lots 1, 2,3, 4, Sy2Ny2, and Sy2; Secs. 21 to 28, inclusive; Sec. 7,Ey2; Sec. 29, lots 1,2, and 3; 20240. Sec. 18, lot 1, N%, Ny2S ^, SEi,4SWy4, and Sec. 33, lots 1, 2, 3, 4, 5, E %, E ^ N W y 4, and v W. J. A nderson, Sy2SE^; * NE»4SW%i State Director. Secs. 34 and 35. Sec. 19, lots 1, 2, 3, and NE^NE^. [P.R. Doc. 70-12306; Piled, Sept. 16, 1970; T. 17 N., R. 5 E., T. 19 N., R. 8 E., 8:45 a.m.] Sec. 27, lots 3,4, and N ^ S W ^ ; Sec. 22, lots 9,10,11, and 12; Sec. 28, lots 1, 2, 3, 4, and N%S%; Sec. 23, lots 1, 2, 3, and 4; Sec. 29, lots 1, 2, 3, 4, W%SW}4, and SE14 Sec. 26, lots 1, 2, 3, 4, S W ^ N W ^ , and SW ^5 w y 2sw y 4 ; [Rr-3342] Sec. 30,lot 1, NE^SEy4, and Sy2S ^; Sec. 27, lots 5, 6, 7, 8, S%Ny4, and SJ4; . Sec. 31, N14; Sec. 28, lots 5, 6, 7, 8, Sy2Ny2, and S%; CALIFORNIA Sec. 33, lots 1, 2, 3, 4, Ny2SWy4, and NWy4 Sec. 29, lots 15, 18* 19, 20, 21, 25 to 39, in­ Notice of Proposed Classification of SE^4; clusive, 42 to 46, inclusive, 49 to 55, in­ Sec. 34, lots 2, 3, 4, 5, NE 14, and Ny2SEî4. clusive, 58 to 87, inclusive, 90 to 110, in­ Public Lands for Multiple-Use Management Cieneguilla Block clusive, 112, 113, 114, 117 to 134, inclusive, 136 to 198, inclusive, 201 to T. 15 N., R. 7 E., 211, inclusive, 214, 215, 216, 219, to 230, September 11, 1970. Sec. 1, lots 7, 8, 9, 10, and Ny2Ny2 ; inclusive, 233, 234, 235, and 238 to 240, 1. Pursuant to the Act of Septem­ Sec. 2; inclusive; ber 19, 1964 (78 Stat. 986; 43 U.S.C. Sec. 3, lots 1 to 7, inclusive, NE *4 and Sec. 30, lots 14, 15, 16, 17, 19 to 47, inclu­ Ny2SEi/4; sive, 49 to 53, inclusive, 56 to 60, inclu­ 1411-18) and to the regulations in 43 Sec. 10, lots 1, 2, 3, 5, 6, and 7; sive, 62 to 67, inclusive, 72 to 99, inclu­ CFR parts 2410 and 2460, it is proposed . Sec. 11, lots 1 and 2. sive, and SE14SW 14; to classify the public lands described T. 16 N., R. 7 E., Sec. 31, lots 5 to 10, inclusive, 14 to 27, in­ below for multiple-use management. Sec. 1, lots 1 to 7, inclusive, SW *,4 NE %, clusive, 30 to 45, inclusive, 47, 48, 49, 50, SEy4NWy4, SW%, and E%SEy4; 55 to 74, inclusive, 76, 77, 79 to 82, inclu­ 2. Publication of this notice has the Sec. 10, lots 1, 2, 3, 4, 5, and SEÎ4; sive, 85 to 93, inclusive, 95 to 111, inclu­ effect of segregating all public lands sec. 11, lot 1, Ey2, NEy4Nwy4, sy2Nwy4, sive, 113, 114,i 115, 116, 117, 119 to 144, described below from appropriation only and SW %; inclusive, 146, 148, 152, 154 to 174, in­ Secs. 12,13, and 14; clusive, 177, 178, 179, 183, .186 to 206, under the agricultural land laws (43 Sec. 15, lots 1, 2,3, 4, and Ey2 ; inclusive, 208, 211, 213, 218, 221 to 235, U.S.C. chs. 7 and 9; 25 U.S.C. sec. 334) Sec. 22, lots 1, 2, 3, 4, and Ey2; inclusive, and 254 to 260, inclusive; Secs. 23, 24, 25, and 26; and from sale under section 2455 of the Sec. 27, lots 1, 2, 3,4, and Ey2 ; Secs. 33 and 34; Revised Statutes (43 U.S.C. 1171). The Sec. 34, lots 1, 2, 3, 4 , and Ey2 ; Sec. 35, lots 1, 2r 3, 4, Wy2NWy4, and N W ^ SW&. lands shall remain open to all other Secs. 35 and 36. applicable forms of appropriation. As 17 N., R. 7 E., The areas described above aggregate ap­ Sec. 36, lot 1. proximately 94,529.06 acres. used in this order, the term “public

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14566 NOTICES lands” means any lands (1) withdrawn Sec. 31, lots 3 and 4, NE% SW % ; Sec. 17, S%NEy4, SWy4NWy4, N 14SE14, or reserved by Executive Order No. 6910 Sec. 32, Ny2NEi,4, S E ^ N E ^ , NW%NWy4, swy4SEy4; of November 26, 1934, as amended or (2) SE*4SW%, NE%SEi4, SW%SEÌ4; Sec. 18, lots 1 and 2 of the NWy4, lots I and Sec. 33, Ey2NE^SE%, SW^NE^SE^, Sy2 2 of sw y4, NEy4 , w y 2SEy4; within -a grazing district established pur­ N W ^ S E iA ; Sec. 19, N% lots 1 and 2 of NWy4, lot 6; suant to the Act of June 28, 1934 (48 Sec. 34, lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Sec. 20, lots 1, 2, 3, and 4, Ny^S1/^, SE U Stat. 1269), as amended, which are not NEy4 ,NE%NWV4 , N ^ S E y 4 ; NE 14; otherwise withdrawn or reserved for a Sec. 35, lots 1 and 2, 5, 6, 7, and 8, NE *4, Sec. 21, Ny2NEy4r Federalmse or purpose. NWyt.NW^SW^; Sec. 22, lot 7; 3. The following described lands Sec. 36, lots 2, 3, and 4, SWy4NEy4, 8 % Sec. 23, lots 2, 3, 4, 5, 6, and 7, E%NWy4, N w y4, sy2sw% , wy2SE%. NEy4; ' located within San Diego County are T. 18 S., R. 4 E., Sec. 24, lots 1 through 8, fraction Ny£. proposed for classification for multiple- Sec. 1, lots 1, 2, and 3, SE% NE% , SEy4 T. 14 S., R. 6 E., use management. NW 14, sw y 4sw y 4, s e %; sec. 10, Ey2swy4, SEy4; San Bernardino ^Ieridian, California Sec. 2, lots 1,2, 3, 4, S% N% , S%; sec. 11, sw y 4Nwy4 , sw y4 ; Sec. 3, lot 1; Secs. 14 and 15; T. 17 S., R. 1 E., Sec. 10, lot 8, SE % SE 14? Sec. 17, sy2; Sec. 8,Ny2NEy4; Secs. 11,12, and 13; Sec. 18, lots 3 and 4, Ey^SWyfc, SEy4; Sec. 29, W % SE & « Sec. 14, lot 1, Ny2, Ny2SWÎ4, SE^SW»4, Sec. 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, T. 18 S., R. 1 E., SE%; 32, 33,34, and 35. Sec. 18.SEV4NW1/4. Sec. 15, lots 1, 2, 4, 6, 13, and 14, Ey£NEy4, T. 15 S.; R. 6 E., T. 17 S., R. 2 E., S W ^ S W % , NE% SE% ; Secs. Ì, 2, 3,4, and 5; Sec. 2, lots 1 and 2; Sec. 21,Sy2Sy2; Sec. 6, lots 1, 2, 3, 4, 5, 6, and 7, Sy^NEyi,' Sec. 9, SE% SW % , sy2SE%; Sec. 22, lots 1, 6, 7, and 12; SEy4Nwy4, Ey2swy4, Nwy4SEy4, s% Sec. 10,SW%SWiA. Sec. 2 3,NE ^NEÎ4; SEy4; T. 18S..R. 2E „ Sec. 24,. lots 11 and 13, Ny2NW % , SW% Sec. 7,Ey2,Ey2wy4; Sec. 1, SE% NE% ; SWiA, S E ^S E % ; Secs. 8, 9,10,11, and 12; Sec. 2, Sy2NWy4, N % S W ^ , S E ^ W V i . Sec. 25, lots 1, 2, 3, and 4,; Sec. 17, N % ; SW%SE*4; Sec. 28. lots 1,2,3, and 4, Sec. 18, NE 14, Ey4Nwy4; Sec. 3, sy2NEV4; Sec. 29, NE % NE *4 » Sec. 21; Sec. 7, lots 5 and 6, &y2E % Wy2SW ViNW %, T. 14 S., R. 5 E., Sec. 31, NEy4, Ny2SEy4, SEy4SEy4; S E ^ S W % N W % ; Sec; 1, lots 1, 2, 3, and 4, Sy£NWy4; sec. 32, Nwy4SEy4, Ny2sw y4 , swy4swy4. Sec. 8, Sy2NEy4, SW 14, w y 2SE%; Sec. 2, lots 1 and 2, W%SWV4; T. 16 S., R. 6 E., Sec. 9, N W ^ N E % , N E ^ N W % , Sy2N W ft; Sec. 3, SW 14NW & , Syfe ; Sec. 1, lots 1 and 2, SWy4NEy4, NWy4SW%, Sec. 11, Wy2NEy4, N E % N W % ; Sec. 4, lots 3 and 4, S%Ny£, S% ! Ny2SEy4 ; Sec. 12, Ny2; Sec. 5, lots 1,2, 3,4, Sy2N % ,SÎ4; sec. 28, lot 4, w y2Nwy4, sy^SEyi. Sec. 13, Sy2SW%; Sec. 6, lots 1 and 8, SE>4NEy4, S E ^ N W ^ , T. 17 S., R. 6 E., Sec. 15, E ^ S W ^ , S%SE%; Ey2SW % , SEy4; Sec. 4, lots 8,10, and 12; Sec. 22, Ny2NE>4; Sec. 7, NEy4, Ey2SE%; Sec. 6, lots 6, 7, and 8, SWy4NWy4; Sec. 23, Sy2NEy4; Sec. 8 and 9; Sec. 7, SE 14 NE 14, Ey2SEy4; Sec. 24, N E ^ N W & , Sy£NWy4. sec. 10, Nw y4NEy4 , wyfc; sec. 8, NEy4Nwy4, w y2Nwy4, Nwy4swy4; T. 17 S., R. 3 E., sec. 1 1 , swy4swy4, Nwy4SEy4, sy2SEy4; Sec. 9, Ny2NWy4, SEy4NWy4; Sec. 19,Ny2NEy4; sec. 12, Ni/2NEy4 , Ey2Nwy4, Ny2swy4 Sec. 17, Sy,NEy4, SE% ; Sec. 25, Ni/2, Ni/2SW % , S W ^ S W ^ ,, NEy4 sw y4 sw%, sw%SEy4 ; sec. is, w y 2NEy4, Nwy4, Ey2swy4, Nwy4 SE%, Ni^NWV4SE%, SE^SE^; Sec. 13 and 14; SE %; Sec. 26, N% , N ^ S W % , SE%SW^4, SE%; Sec. 15, SWy4NE%, SEy4NWy4, Ey£SWi4, Sec. 31, wy4Nwy4, SEy4Nwy4, sWyâ. Sec. 27, Ny2, SW % , Ny.SEi.4 ; SE%; T. 18 S., R. 6 E., Sec. 28, S E ^ N E ^ , NWy4, Wy2SWy4, Ey2 Sec. 17, NW % ; Sec. 5,Ey2SWy4; SEy4; " Sec. 20, SE%SEy4; Sec. 6, lots 4 and 5; Sec. 29, NE%, Ey2SEiA; Scc. 22* Sec. 7, lot 6, EyfcNEy4, SEyi; Sec. 30, SW % NE% , Wy2SE^4; Sec! 23! Ny2, N^swy4; Sec. 8, Wy4; Sec. 31, lots 2 and 3, N W ^ N E ^ , S E & ; Sec. 24; Sec. 17, Wy2; Sec. 32, Ei/aNE^, NE%SE% ; Sec. 25, NEyi, SEy4NWy4, N E & S W H , sy£ Secs. 18 and 19. Sec. 33, E y2 SE , E y2 SW % SE % ; SWy4,SE%; T. 14 S., R. 7 E., Sec. 34, SE 14 NE 14, Sy2; Sec. 26, SE 14NEy4, NWy4, SWÎ4, Ey2SEy4; Secs. 31,32, and 33; Sec. 35, Ny2Ny2, SWi4 NE%; Sec. 35, Ei/2NEy4, Ny2NW»A, SWy4NWy4, sec. 34, Nwy4Nwy4NEy4, Nwy4, NE.y4NEi4 Sec. 36, NW i4NE% , N% NW Ì4, S E »4 N W ^, Nwy4Swy4,SEy4„ s w 14, w y 2NEy4sw y 4 , Nwy4swy4. N'/2 N i^N E % SW % , SE& . T. 17 S., R. 5 E.. swy4swy4, swy4swy4swy4, Ny2sEy4 T. 18 S., R. 3 E., Sec. 13, lots 5, 8, 9, and 14, NE %, Wy2SEy4, swy4swy4, wy2Nwy4SEy4Swy4. Sec. 1, lot 1; SEy4SEy4; Sec. 3, lots 1, 2, 3, and 4, Sy2NE% , SE& T. 15 S., R. 7 E., Sec. 14, Vf %; Sec. 3, lots 12, 13,14,15, 19, 25, 26, 27,28, 29, NW 14, N E ^ s w v i, sy2sw ^ 4 , w y 2SE»4 ; sec. 15, SEy4NEy4, Ny2swy4Nwy4, s% Sec. 4 lots 1, 5, 6, and 7; 30, 31, 32, 38, 39, 40, 41, 42, 43, 44, 45, 46, swy^swysNwyi, SEy4swy4Nwy4, syî 47, 48, 49, 50, 51, and 52, NEy4SWy4- S# Sec. 5, S W ^ N E ^ , Sy2NW%; SEÎ4; Sec. 6, lots 1, 2, and 4, S% NE% , E^SE^4; sw y 4 ; Sec. 20, s y2 S W y4 NE y4 S E 14 ; Sec. 4, lots 1, 2, 3, and 4, SWy4NEy4, SH Sec. 7, lot 1, NW % NE% ; sec. 2 1, N E % sw y4 , Ny2Nw y4Swy4 , sy2 n w y4 , n w 1/4 s w y 4 , s y2 s e y4 ; Sec. 9, N E 14NE 14, S^NE^4, SE%NW%, SEy4 Nwy4 sw y 4 , Nw y4 SEy4 , SEy4SEy4 , Ny2sy2.; Secs. 5, 6, 7, and 8; Sec. 22, lots 1 and 2, NEy4 , Ey2NW14, SWy4, Sec. 9, NW % ; Sec. 10, w y 2NE%, N W 1/4, N % S W & , SEy4 w y 2SEÎ4 ; S W ^ , Wy2SE%; Sec. 17,NWy4; Sec. 23, lo t i, N% ; Sec. 18. Sec. 11, N E ^ S E i^ ; Sec. 24, lots 1,10,14, 24, and 26, Ny2N E ^ ; Sec. 12, N W ^ N E % , Sy2NE%, SE^NW^, Sec. 25, E%; T. 16 S., R .7E ., Wy2SW % , S E ^ S W % , N W % 6 B%; Sec. 26, lots 4, 5, and 8; sec. 7 , Ey2swy4, Nwy4SEy4. Sec. 15, SW^4; Sec. 27, lots 1,9, and 10, W % W % ; T. 17 S., R. 7 E., Sec. 16, SE SE 14; v Sec. 28, Ey£NEy4 SEi/4 ; Sec. 5, SWy4NWyi; Sec. 17, Si/aSEi/i; Sec. 29, lots 37 and 48; Sec. 33, NEy4SEy4; Sec. 20, N W 14NE 14, Ey2NWi/4; Sec. 31, lots 6, 7,11, and 12; Sec. 34, Nwy4swy4. Sec. 21, SW % ; Sec. 33, NE »A NE y4; T. 18 S., R. 7 E., Sec. 22, NE>4NEy4, SE%SWy4, S%SE%; Sec. 34, N 14N W & , NEy4SEy4; Sec. 2 . lot 3 , Ny2Nwy4swy4NEy4. sw$ Sec. 23, Ny2NWyi, SWiANW»A, N&SEy4 Sec. 35, lots 2, 3, and 4, NÉy4, S%NWy4, swy4NEy4, sy2SEy4swy4NEy4, beh n w >/4, s w ì 4, sy2SE»4; Ny2swy4, Ny2SEy4 . Nwy4, Ny2swy4, SEy4Swy4; sec. 24, Ny2Nw»ASwyisw%, s%swy 4 T. 18 S., R .5E., Sec. 3,SWy4SEy4; sw y 4s w y 4; Sec. 2, NE»4NEy4; sec. 5,swy4Nwy4, Nwy4swy4; Sec. 26, lot 1, N % N E ^ , N & N W & ; Sec. 5,NWy4SWy4; Sec. 6, sy2NEy4, E&SEy4; Sec. 27, sec. e, Nwy4NEy4, E% swy4, s®y4; Sec. 7, Ny2NEy4, SEy4NEyi» KÎ4 NWH. Sec. 28, lots 5, 6, 7, and 8, N E ^ N W ^ , sec. 7, lot 1 of Nwy4, sy2 lot 2 of Nwy4, NEy4SEy4, sy2SEy4; sy2Ny2. lots 1 and 2 of SW 14, Ey2; Sec. 8, Wy2SEî4; T. 17 S., R. 4 E., Sec. 12,SWy4SEy4; Sec. 10, NWy4NEy4; Sec. 30, lots 1, 2, and 3, Ey2Ey2; Sec. 13; Sec. 15, lots 5 and 6;

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14567

Sec. 17, lots 5, 6, 7,8, fraction N % ; 3. The following described lands lo­ Sec. 8, lots 1, 2, 3, and 4, W &NEy4, Ny2 Sec. 18, NE^4. cated within San Diego County are pro­ NWi/4; T. 15 S., R. 8 E., posed for classification for multiple-use Sec. 9, lot 1; Sec. 19, lots 37-50, 52-69, and 71-80; Ssc. 17, lots 1, 2, and 3, NW%NWy4; Sec. 20, Ny&NEft, NEftSWft, S^SW%, management. Sec. 18, lot 4, NE)4, S E ^ S W ^ , Ny2SEy4, SE^. San Bernardino Meridian, California SW1/4SE%. T. 16 S., R. 8 E., T. 12 S., R. IE ., . Sec. 27, SW%NB%, E%NW%, Ny*SE%. T. 10 S., R. 1 W., sec. 2 9 , Nwy4Nwy4, sy2Nwy4, swy4; Sec. 24, lots 1 and 2. T IT E R 8 E Sec. 30, lots 2, 3, and 4, S E ^ N E ^ , E y2 T. 11S..R.1W., Sec. 17,wy2lSrw%.NW%SWV4; SWÎ4, SEÎ4; Sec. 1, lots 3 and 4, SV2; Sec. 18,SE%SE%; Sec. 31, lot 1, Ny2NEy4, NE%NWy4, SE& Sec. 11, lots 2,3, 7,10,15, and 16; Sec. 19, N% N E% , SW%NE^4; SEV4; Sec. 12, Ni/a, NE% SW % , SE%; Sec. 30, lot 3, SW^NE^, SE&NWyi, sec. 3 2 , Ny2Nw y4»sw y4sw y4. Sec. 13, NW% SEi4 ; . T. 13 S., R. 1 E„ NE^SW^; Sec. 14, lots 11,12,13, and 14; Sec. 32, SE%SW»4. Sec. 1, NEy4SEi4, sy2SEy4; Sec. 29, lot 14; T. 18S..R. 8E., Sec. 5, lots 6 and 7; Sec. 31, lot 6; Sec. 6, lots 1, 2, 3, and 4, S W ^ N E ^ , Ny2 Sec. 4, lot 1; Sec. 32, lots 8, 9,11,12, and 13. Sec. 5, lots 3 and 4; SEi/4; T. 12 S., R. 1 W „ Sec. 12, N E 14 ; Sec. 10, lot 9, Ni/2NE^4, S E & N E ft; Sec. 2, lot 7; Sec. 11, lot 12, SW l4NW i4. Sec. 35, lots 3, 5, and 6* SE& N W yi. Sec. 6, lot 7; T. 14 S., R. 1 E., The lands described above aggregate Sec. 14, SW % NE %, W % SE y4; Sec. 8, NEy4SWy4; approximately 69,834 acres. Sec. 23, Ni/jjNE^, Ey2SE%; Sec. 13, lots 1, 2, 3, and 4, NE»4SEy4; Sec. 24, E ^ N W y 4, SW % ; Sec. 25, lots 5, 6, 7, 8, 9, 10, and 11, SW*4 4. For a period of 60 days from the Sec. 25, lots 1, 2, 3, 4, 5, 6, and 8, Sy2NEy4, date of publication of this notice in the n e 14 , sy2 sw y4 , wy 2 SEy4 ; SE%. Sec. 33, SEy4NEy4, Ey2SE}4; Federal R eg ist e r , all persons who wish T. 13 S., R. 1 W „ " Sec. 34, lots 2, 3, 4, 5, 6, 7, 8, 9, and 10, to submit comments, suggestions or ob­ Sec. 17,Sy2S E ^ ; NW1/4NE14, sy,NEy4 ; NEy4swy4, Ny2 jections in connection with this proposed Sec. 20, Sy2NEi4, SW % SE% ; SEy4; classification, may present their views in Sec. 21, lots 9, 10, 16, 17, 24, 25, 26, 27, 28, Sec. 35, lots 1, 2, 3, 4, 5, and 6, Tract 54; writing to the Manager, Riverside Dis­ Sec. 36, lots 1, 2, 3,4, 5, 6, 7, and 8. Sec9’ *22 31W yfw y2 NW % SE %. W ^NW ft trict and Land Office, 1414 University T. 15 S., R. 1 E., SW 14SE14 , Si/2S W % S E ^ ; Sec. 1, lot 1, N% , N E 14SW 14 , NyaSEi4, SEy4 Avenue, Post Office Box 723, Riverside, Sec. 27, Ny2SWi/4; Calif. 92502. SEÎ4; Sec. 28, SEiASWi/4, NE%SE% , Sy2S E ^ ; Sec. 2, lot 1, Ny2NEy4, SE%NEy4; 5. A public hearing on the proposed Sec. 33, N E 14 , NE % NW % , S% NW y4; Sec. 3, lots 2, 3, and 4, SWy4NEy4, N W & classification will be held at 3 p.m. on Sec. 34, SW%NE%SE%, S^BE^NE^SE^, Nwy2, sy2Nwy4, Ny2swy4; Thursday, October 15,1970, in the Monte N W % SE 14 , Sy2SEi4. Sec. 4, lot 1, NEy4, Ny2SE)4; T. 14 S., R. 1 W., Sec. 35, SE 14NE 14 (except patented min­ Vista High School auditorium, 3230 Sec. 1, W & S W 14 ; Sweetwater Springs Boulevard, Spring eral survey 6358). Sec. 2, lot 4, S^NEy4, SEy4SWy4, SE}£; T. 16 S., R. 1 E., Valley, Calif. Sec. 3, lots 3 and 4; Sec. 26, Wy2NEy4, SW % . W ^ S E ^ ; Sec. 11, Ny2 .Ni/2SWy4 , SEy4SWi4; For the State Director. Sec. 27, lots 8,10,15, and 16; sec. 1 2 , wy2Nwy4. Sec. 34, lots 11,17,18, and 19; C h a r l e n e E. L y n c h , T. 9 S., R. 2 W„ Sec. 35,NEy4NWy4. Acting Manager, Sec. 4 , swy4NEy4, SE14NW 14 , Ny2sw y4; T. 9S ..R .2E ., Sec. 6, lots 2,3, 5, and 6; Sec. 1, lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and Riverside District and Land Office. Sec. 13, swy4swy4 (except patented min­ 12 ; [FR. Doc. 70-12333; Filed, Sept. 16, 1970; eral survey 6452); Sec. 2, lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, II, 12, 8:45 a.m.} sec. 1 4 , wy2Nwy4, Nwy4swy4, swy4sw% 13, and 14; (except patented mineral survey 6458), Sec. 4, lots 1, 2, 3,4, 8,9,15, and 16; SEy4SE% (except patented mineral sur­ Sec. 5, lots 1, 2, 7, 8, and 9; [R —3344J veys 4886,4926 and 6458); Sec. 8, lots 2,3, 4,6,7,9,10, and 11; Sec. 15, NEy4NEy4, Sy2NE>4, E1/2W % , SE14 CALIFORNIA Sec. 9, lots 8 and 12; (except patented mineral surveys 4886, Sec. 10, lots 1, 2,3, 4, 5, and Ey2 lot 16; 4926 and 6458). Sec. 11, lots 1,4, 7, 8,12,13, and 14; Notice of Proposed Classification of T. 10 S., R. 2 W., Sec. 12, lots 1, 3, 4, 5, 6, 7, 8, 9, 10, II, 12, Public Lands for Multiple-Use Sec. 19,NWy4NEi4. 13,14,15, and 16; Management T. 11 S., R. 2 W., Sec. 13; Sec. 19, lots 4, 5, and 8, Sec. 14, lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, S e pte m b e r 11, 1970. T. 12 S., R. 2 W., 14, 15, and 16; Sec. 31, lot 8. Sec. 15, lot 8; 1. Pursuant to the Act of September T. 13 S., R. 2 W., 19,1964 (78 Stat. 986; 43 U.S.C. 1411-13) Sec. 16, lot 15; Sec. 6, SE14NW 14 , NEy4SWy4- Sec. 21, lot 13; and to the regulations in 43 CFR parts T.9S..R.3W:, Sec. 23, lots 1, 2,3, 6, 7, and 8; 2410 and 2460, it is proposed to classify Sec. 3, lot 4; Sec. 24, lots 1, 2, 4, 6, 7, and 8; sec. , swy4SEy4. the public lands described below for 1 0 Sec. 25, lots 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and T. 10 S., R. 3 W., multiple-use management. 12 ; Sec. 33, Nwy4Nwy4. Sec. 26, lots 9,15, and 16; 2. Publication of this notice has the T. 11 S„ R. 3 W., effect of segregating all public lands de­ Sec. 28, lot 2. Sec. 9, lots 9 and 16. T. 10 S., R. 2 E., scribed below from appropriation only T. 13 S., R. 3 W., Sec. 1, swy4, NE%SEy4, Sy2SEy4, lot l; under the agricultural land laws (43 Sec. 1, lots 1, 2, 3, and 4, Sy2NE%, Sy2N W % , Sec, 12, Ny2. NW%SEy4; US.C. chs. 7 and 9; 25 U.S.C. sec. 334) T. 11 S., R. 2 E., and from sale under section 2455 of the sec. 23 , swy4Swy4NEy4, Nwy4Nwy4SEy4, sy2Nwy4SEy4. Sec. 17,Sy2SE% SW )4; Revised Statutes (43 U.S.C. 1171K The ip gg R 1 E Sec. 32, SE&SEyfc. lands shall remain open to all other ap­ sec/2 , w % N w y 4 , N & S W 14 , SEy4 sw y4 ; T. 12 S., R. 2 E„ plicable forms of appropriation. As used Sec. ll,N E y4 ; • Sec. 4, NW%SEy4; m this order, the term “public lands” Sec. 12, Wy2NWy4. Sec. 9, S W 14NE 14 ; means any lands (1) withdrawn or re­ T. 11 S..R. IE., sec. 2 3 , NEy4 , Ey2Nw y4 , Ny2SEy4 ; served by Executive Order No. 6910 of Sec. 2, lots 1, 2, 3, and 4, S%Nwy£; Sec. 24, NW%NWy4, Sy2NW )4, NW ftSW y4, November 26, 1934, as amended or (2) Sec. 3, lots 1,2, and 3; sy2sw%; within a grazing district established pur­ Sec. 4, lots 2,3,4,5, and 9, Sy2NWy£; Sec. 25, W%NEy4, Ey2NW }4, W % SE % ; Sec. 5, SE%NEy4, SWy4NW&, SV4; Sec. 26, N W ftN W ft. suant to the Act of June 28, 1934 (48 Sec. 6, lots 4, 5, 6, and 7, SE&NE^, SEft T. 13 S., R. 2 E., ftik *?®9), as amended, which are not N W % , E i/2 SW i/4, SE %; Sec. 7, lots 1 and 2; otherwise withdrawn or reserved for a Sec. 7, lots 1, 2, and 3, N E & , EVfcNW^, sec. 1 5 , NEy4sw%, wy2swy4; federal use or purpose. w y 2SEy4; Sec. 19, lots 6, 7, and 8, E y> NE % ; i

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER T7 , 1970 14568 NOTICES

Sec. 20, lots 1, 2, 3, 4, and 5, Si/2 NE»4, N W '/4 Sec. 4, lot 1 (except patented mineral sur­ lands described in paragraph 3 from ap­ NW>/4, S i/2N W %, E i/2 SE14 ; veys 1780, 6100 and 6583), lot 2, lot 4 Sec. 21, Ni/2NEi4, SW%NE%, NE^SW^, (except patented mineral surveys 1780, propriation only under the agricultural sy2swi/4, n w 14 s e y4, sy2 s e y4; 6100 and 6563), lot 5 (except patented land laws (43 U.S.C. Chapters 7 and 9; Sec. 28, lots 2, 3, and 4, NE%, N '/ jN W ^ , mineral survey 6563), lot 6 , lot 7 (ex­ 25 U.S.C., section 334) and from sale un­ SE^NW % , Ny2SE%, S E ^S E ^; cept patented mineral surveys 6100, der section 2455 of the Revised Statutes Sec. 29, lot 1, Ny2N E ^ . 6142-A and 6563), lot 8 (except patented (43 U.S.C. 1171) and (b) the land de­ T. 14 S., R. 2 E„ mineral survey 6142-A), lots 10, 11, and scribed in paragraph 4 from appropria­ Sec. 6 ,N W % S E ^ ; 12; tion under the mining laws (30 U.S.C. Sec. 7, lots 5, 6, 10, 11, 12, 15, 17, 18, 21, and Sec. 9, Ei/2NE%; 22, NE^NE%, SW%NE%, NE%SW%, Sec. 10; Chapter 2).- The lands shall remain SEi/4; Sec. 11, lots 1 and 2, S W ^ N E ^ , S W 14 , open to all other applicable forms of Sec. 8, SW '4; N W 14 SE y4, s i/2 SE 14 ; appropriation. Sec. 18, Wy2N E ^ , Ny2NWy4; Sec. 12, lots 3 and 4, N E 14 , S E ^ N W ^ , 3. The public lands are located within Sec. 19, Sy2sy2NE%NE%, SE%SW%, NE 14 NE14SW14. sy2sw ^,sy2swy4. s e^; the following described areas of Hum­ SE 14 , Sy2SEi4 . Sec. 13; boldt and Trinity Counties. For the pur­ T. 16 S., R. 2 E„ Sec. 14 (except patented mineral surveys Sec. 17, SE SE ; pose of this proposed classification, the 14 14 242 and 5737); Sec. 35, Si/aSEVi. area has been separated into blocks, each Sec. 15, lots 1, 2, 3, 4, 5, 6 , 7, 8 , 9, 10, 11, T. 9 S„ R. 3 E„ of which has been analyzed in detail and and 12, portions of unpatented Copper Sec. 3, Si/aNW^, SW % ; Butte and Red Hill mining claims in described in documents and maps avail­ Sec. 4, lots 7, 8, 9, 10, 11, and 12, Sy2NEi4, NW1/4, Ey2NEy4; able for inspection at the Ukiah District Ny2swv4; Sec. 23, E y2; Office, 168 Washington Avenue, Ukiah, Sec. 5; Sec. 24. Sec. 6, lots 8,9, and 13; Calif. 95482, and on the records in the T. 14 S., R. 4 E„ Sec. 7, lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, Sacramento Land Office, 2800 Cottage Sec. 1, lot 9, S E i^S E ^. and 17; T. 11 S., R. 5 E., Way, Sacramento, Calif. 95825. The over­ Sec. 9, N%NW^4; Sec. 6 , lots 1, 2, 3, 4, 5, 6 , and 7, Sy^NE^, all description of the areas is as follows: Sec. 10,Ny2Ny2, S W 14NE 14 , N W 14SE1 4 ; SEy4Nwy4, Ey2swy4, NEy4SEy4. Sec. 11, lots 3, 4, 5, 6, 7, 8, 9, and 10; Humboldt Cou nty; California Sec. 12, lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, E y2 T. 13 S., R. 5 E„ SEi/4; Sec. 18, lots 1 and 2, SE14NW 14 , NEy4SWy4. HUMBOLDT MERIDIAN Sec. 13, lots 1, 2, 3, 4, 5, 6, and 7, Ey2NE%; The lands described above aggregate Block A Sec. 14, NE%; approximately 45,645 acres. Sec. 18, lots 5, 6, 7, and 8, NW % N E% ; All public lands in: Sec. 19, lots 5, 7, 8, 9, 10, 11, 12, 13, 14, and 4. For a period of 60 days from the T. 1 N„ R. 3 E., 15; date of publication of this notice in the See. 15. T. 1 N., R. 4 E., Sec. 20, lots 1, 2, 3,'4, 5, 6, and 7, NE%, F ederal R e g ist e r , all persons who wish E54NW}4; Secs. 1,12, 23, and 27. to submit comments, suggestions or ob­ T. 2 N., R. 4 E., Sec. 21; jections in connection with this pro­ Sec. 2 2 , wy 2 wy 2, SE14SE14 ; Secs. 1,2,18, 25, and 26. Sec. 23, SW'/4SWy4; posed classification, may present their T. 2 N., R. 5 E., S6C. 24 lot 1* views in writing to the Manager, River­ Secs. 5, 7, 17, and 18. Sec.’ 26, S W 14NE 14 , w y 2, NWy4SE%, S % side District and Land Office, 1414 Uni­ T. 1 N., R. 1 W., 8 E % , versity Avenue, Post Office Box 723, Riv­ Sec. 34. T. 11 S., R. 4 E., erside, Calif. 92502. T. 1 S., R. 1 W., Secs. 1 and 2; Secs. 2, 5, 6 , 8,10,13,14, and 24. Sec. 10, lots 1, 2, 3, and 4, NEi/4, N E ^ N W ^ , 5. A public hearing on the proposed T. 2 S., R. 1 W., Ni/2 SEi4NW%, SE%SE%NW%, NE 14 classification will be held at 4 p.m. on Secs. 4,10, 11,13, 14, 21, 22, and 24. NE%SWi4, Sy2NE%SWi4, SE^; Wednesday, October 14, 1970, in the Es­ T. 3 S., R. 1 W., Sec. 11, lots 1, 2, 3, 4, 5, and 6, E ^ N E ^ , condido Union High School Library, 1535 Secs. 10 to 12 inclusive. NW 14NW 14 ,N y2 sy2 ,sw>/4 sw y 4; - North Broadway, Escondido, Calif. 92025. T. 2 S., R. 2 W., Sec. 14, N W 14NW 14 ; Secs. 14, 23, and 31. Sec. 21; For the State Director. T. 1 S., R. 1 E., sec. 2 2 , wy 2Nw y4, sw>/4, w y 2SEi4; Secs. 5 to 7 inclusive; secs. 19, 21, 22, 32, sec. 2 6 , sy2N w i4 , s w % , N w y4sEy4 , sy2 C h a r l e n e E. L y n c h , and 33. SE%; Acting Manager, T. 2 S., R. 1 E., sec. 2 7 , n w i /4n e i/4, sy2NE%, N w y4, sy2; Riverside District and Land Office. Secs. 15 and 33. Sec. 28, Ni/2, Ny2SWy4,SEi/4SWy4, SE T. 3S.,R. IE., y4; [P.R. Doc. 70-12334; Piled, Sept. 16, 1970; sec. 33 , Ny2NEi4 , Nw y4sw y 4; 8:45 a.m.] Secs. 20, 27, 34, and 35. Sec. 34, Ni/2, Ei/2 SE14 ; T. 4 S„ R. 1 E., Sec. 35, Ni/2NE%, Wy2, Wi/aSE^; Sec. 25. Sec. 36, Wy2NW i4. [ S—2701A ] T. 3 S., R. 2 E„ T 12 S It 4 £ Secs. 20, 22, 28, and 35. Sec. i’, lots 3 and 4, Sy2Ny2, sy2; CALIFORNIA T. 4 S., R. 2 E., Sec. 2, lots 1, 2, 3, 4, and 6, sy2NEy4, SE14 Secs. 27, 30, and 35. NWi/4, SE%; Notice of Proposed Classification of T. 5 S., R. 2 E., Sec. 11, lots 2 and 3, Ny2N E ^ , SE% NE% ; Public Lands for Muftiple-Use Sec. 4. Sec. 12; T. 1 S., R. 3 E.V Sec. 27, sy2NEI/4, sw % N w y4, swy4, NEJ4 Management Secs. 4 and 26. SE14 , sy2SEV4; T. 3 S., R. 3 E., Sec. 28, E1/2NE%, N E 14 SE14', S ^ S E ^ ; 1. Pursuant to the Act of Septem­ Secs. 21 and 22. Sec. 29, N E 14 SE14 ; ber 19,1964 (78 Stat. 986; 43 U.S.C. 1411- T. 5 S., R. 3 E., Sec. 32, portion unpatented mineral sur­ 18) and to the regulations in 43 CFR, Secs. 10 and 11. vey 6089 in SEy4SEy4; Parts 2410 and 2460, it is proposed to T. 1 S., R. 4 E., Sec. 33, Ny2NEy4; S E ^ N E ^ , N E 14NW 14 , classify for multiple use management the Sec. 30. SW y4 (except patented mineral surveys public lands in paragraph 3. As used T. 2 S., R. 4 E., 6089 and 6563); herein, “public lands” means any lands Secs. 10,11,15,26, and 35. Sec. 34, Ny2, Ny2SW%, SE ^S W ^.SE ^; T. 4 S., R. 4 E., Sec. 35, lot 4, Wy2 wy 2. withdrawn or reserved by Executive Or­ Secs. 21 and 25. T. 13 S., R. 4 E., der No. 6910 of November 26, 1934 (43 T. 1 S., R. 5 E„ Sec. 1, lots 6 and 9; Stat. 1269), as amended, or within a Secs. 10 and 15. Sec. 2, lots 3 and 4, lot 5 of N W 14 , Wy2 lot grazing district established pursuant to T. 2 S., R. 5 E., 6 of N W 14 , lot 8, unpatented Sulfur the Act of June 28, 1934 (48 Stat. 1269), Secs. 3, 22, and 25. Spring mining claim in SE^SWy4. N% as amended, which are not otherwise T. 4 S., R 5 E„ SE14 , s w ^ s e ^ ; withdrawn or reserved for a Federal use Secs. 15, 22, 27, 33, and 34. Sec. 3, lots 1 and 2, Ey2 lots 3 and 4 of T. 5 S., R. 5 E., NE%, lot 10, Sy2NWi4 (except patented or purpose. Secs. 2 to 14 inclusive; secs. 6 to 8 inclu­ mineral survey 6142-A), SW% (except 2. Publication of this notice has the sive; patented mineral survey 6142-A); effect of segregating (a) all the public Secs. 17 to 20 inclusive.

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14569

T r in ity Co u n ty, California [Montana 16450] T. 15 N., R. 2 W., Secs. 2, Ì2 ,13, and 28. HUMBOLDT MERIDIAN MONTANA T. 16 N„ R. 2 W., Secs. 6,10, 20, 22, and 24. T. 3 S., R. 6 E., Notice of Proposed Classification of Secs. 6 and 33. T. 17 N„ R. 2 W.', T. 4 S., R. 6 E., Public Lands for Multiple-Use Secs. 2, 12,14, 18, 19,24,26, and 32. Secs. 7 and 33. Management T. 20 N„ R. 2 W., Sec. 5. T. 5 S., R. 6 E., S e p t e m b e r 9, 1970. Secs. 3,9, and 27. T. 10 N„ R. 3 W., T. 4 S., R. 7 E., 1. Pursuant to the Act of Septem­ Secs. 31 and 32. Secs. 4, 20, and 21. ber 19, 1964 (43 U.S.C. 141 1-1 8 ), and to T. 11 N.,R. 3 W., the regulations in 43 CFR, Parts 2400 Secs. 3, 8, and 12 Humboldt Co u nty, California T. 12 N., R. 3-W., and 2460, it is proposed to classify for HUMBOLDT MERIDIAN Sec. 15; multiple-use management the public Secs. 22 to 29, inclusive; Except the following public lands: lands described below. Publication of this Secs. 32, 34, and 35. T. 1 N., R. 4 E., notice has the effect of segregating the T. 13 N„ R. 3 W., Sec. 27, NW%NWV4- described lands from appropriation only Secs. 4, 6, 8,10,18, and 32. T. 1 S., R. 1 W., under the agricultural land laws (43 T. 14 N„ R. 3 W., Sec. 5, lots 3 and 4. U.S.C. Parts 7 and 9; 25 U.S.C. sec. 334) Secs. 6, 8,14, 22, 28, 30, 32, and 33. T. 4 S., R. 1 E., and from sales under section 2455 of T. 16 N„ R. 3 W., Sec. 25, lot 5 and SW&NW&, S&SW&. Sec. 12. the Revised Statutes (43 U.S.C. 1171). Humboldt Co u n ty, California T. 17 N„ R. 3 W., The lands shall remain open to all other Secs. 18, 20, and 30. HUMBOLDT MERIDIAN applicable forms of appropriation, in­ T. 18 N„ R. 3 W., Block B cluding the mining and mineral leasing Sec. 30. laws. As used herein, “public lands” T. 20 N„ R. 3 W., All public lands in: means any lands withdrawn or reserved Secs. 2, 3, 4,18, and 20. T. 3 N., R. 3 E., by Executive Order No. 6910 of Novem­ T. 21 N„ R. 3 W., Sec. 10. Sec. 15. ber 26, 1934, as amended, or within a T. 4 N„ R. 3 E., T. 9 N„ R. 4 W., Sec. 7. grazing district established pursuant to Secs. 6, 7, and 18. T. 7 N., R. 3 E., the Act of June 28, 1934 (48 Stat. 1269), T. 10N., R .4 W ., Secs. 5 and 10. as amended, which are not otherwise Secs. 1 to 8, inclusive; T. 8 N., R. 3 E., withdrawn or'reserved for a Federal use Secs. 11, 17, 18, 20, 29, 30, 31, 32, and 36. Sec. 33. or purpose. T. 11 N„ R .4 W „ T. 5 N., R. 4 E., Secs. 19 to 23, inclusive; Sec. 25. 2. The lands proposed for multiple-use Secs. 25 to 29, inclusive; T. 6 N., R. 4 E., management are located in Lewis and Secs. 32 to 36, inclusive. Secs. 19 and 30. Clark, Teton, Pondera, Cascade, and T. 12 N., R. 4 W., T. 7 N., R. 4 E., Sec. 8. Sec. 18. Meagher Counties as described below T: 13 N„ R. 4 W., T .9 N „R .4 E „ and are shown on maps on file in the Secs. 2, 4, 5, 10, 11, 12, and 18. Sec. 1. Missoula District Office, Missoula, Mont., T. 14 N., R. 4 W., T. 10 N., R. 4 E„ „ Secs. 4, 8, 9, 10, 22, 24,26, and 34. Sec. 29. and on plats in the Land Office, Bureau T. 15 N„ R. 4 W., Humboldt Co u nty, California of Land Management, Billings, Mont. Sec. 31. Principal Meridian, Montana T. 16 N„ R. 4 W., HUMBOLDT MERIDIAN Sec. 32. T. 13 N„ R. 1 E., Except the following public lands: T. 21 N., R. 4 W., T. 3 N., R. 3 E., Secs. 4 and 6. Sec. 20. T. 14 N„ R. 1 E„ Sec. 10, S W % N W & . T. 22 N., R. 4 W., T. 9 N.( R. 4 E., Sec. 32. ‘ Secs. 3, 14, 23, and 24. T. 15 N., R. 1 E., Sec.’ l, lots 1, 8, 13, 14, and 16, W % S W % T. 31 SC., R. 4 W., NEy4, SE14 NE%. Sec. 6. Secs. 4, 6, and 9. T. 16 N., R‘. 1 E., T. 9 N., R. 5 W„ The public lands proposed to be classi­ Secs. 6, 18, and 28. Secs. 1, 4,12, and 13. fied aggregate approximately 8401.36 T. 21 N., R. 1 E., T. 10 N., R. 5 W., acres. Secs. 8 and 9. Secs. 1, 2, 3, 4, 5, 9, 10, 11, 13,14, 24, and 25. T. 19 N., R. 2 E.r 4. As provided in paragraph 2, the T. 11 N., R. 5 W., Sec. 20. Secs. 2, 4, 5, 6, 8, 9, 14, 15, 16, 23, and 24; following lands are segregated from ap­ T. 21 N„ R. 5 E., Secs. 27 to 36, inclusive. propriation under the mining laws Sec. 2. T. 12 N., R. 5 W., (totaling approximately 43.40 acres): T. 10 N., R. 1 W., Secs. 4, 5,12,19, and 20; Secs. 2, 6, 12, 15, 20, 21, 25, 26, 27, 28, Humboldt Co u n ty, California Secs. 27 to 33, inclusive. 32, 33, 34, and 35. T. 13 N., R. 5 W., HUMBpLDT MERIDIAN T. 11 N., R. 1 W., Secs. 2, 4, 6, 10, 20, 26, 28, 32, 33, and 34. Secs. 30, 31, and 32. Block A T. 15 N„ R. 5 W., . T. 13 N., R. 1 W., Sec. 5. T-2S„R. 2 W., Secs. 2, 12, and 14. T. 16 N., R. 5 W., Sec. 31, Ni/2 lot 2 of SWÎ4. T. 14 N„ R. 1 W., Sec. 30. 5. For the period of 60 days from the Secs. 4, 8, and 10. T. 19 N„ R. 5 W., T. 15 N.,R. 1 W., date of publication of this notice in the Sec. 18. Secs. 2, 4, 6, 8, 10, 12, 14, 20, 22, 30, and 32. T. 20 N„ R. 5 W., Federal R eg ister , all persons who wish T. 16 N., R. 1 W „ Sec. 32. to submit comments, suggestions or ob­ Secs. 2, 12, 14, 18, 20, 22, 24, 26 28, 30, 32, T. 29 N„ R. 5 W., jections in connection with the proposed and 34. Sec. 4. classification may present their views in T. 17 N„ R. 1 W., T. 31 N„ R. 5 W., writing to the Ukiah District Manager, Secs. 6 and 7. Secs. 1, 2, and 3. T. 20 N., R. 1 W., T. 1 1 N .,R .6 W „ pureau of Land Management, 168 Wash­ Secs. 6,16, and 24. Secs. 1, 2, 3, 4, 10, and 11. ington Avenue, Ukiah, Calif. 95482. T. 23 N„ R. 1 W., A hearing will be held if sufficient Secs 19, 31, and 33. T. 12 N„ R. 6 W., Public interest is shown. T. 10N., R .2 W ., Secs. 5, 6,14, and 15; Sec. .1 Secs, 18 to 22, inclusive; For the State Director. T. 11 N., R. 2 W., Secs. 25 to 30, inclusive; Secs. 6, 7, 8,12,13,14,15,17,18, 22, and 24. Secs. 32 to 36, inclusive. L e o n R . K abat, T. 12 N., R. 2 W „ T. 13 N„ R. 6 W., Acting District Manager. Secs. 19, 30, and 31. Secs. 4, 7, 8, 9, 10, 11, 16, 17, 18, and 22. [F-R. Doc. 70-12361; Filed, Sept. 16, 1970; T. 14 N„ R. 2 W., T . 16 N„ R. 6 W „ 8:47 a.m.] Secs. 2 and 12. Secs. 4, 20, 22, 32, 33, and 34.

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14570 NOTICES

T. 17 N„ R. 6 W., F.R. Doc. 69-8714, Voi. 34, No. 141, Sec. 10. W ftN W ft and N W ftS W ft; Sec. 2. pages 12293-94, is hereby continued for Sec. 11, N ftN W ft; T. 22 N., R. 6 W „ a period of 2 years from the date of this Sec. 12, NE ft SW ft and SE 14 ; Secs. 6, 8, and 15» Sec. 14, N W ftS W ft f T. 25 N., R. 6 W., notice. Sec. 15, E ft SEft; Secs. 5,6,7,8,14, and 17. r 2. The Winnemucca District Office of Sec. 16; T. 26 N., R. 6 W., the Bureau of Land Management has Sec. 17, N ft a n d N ftS ft; Secs. 31 and 32. been contacted by two parties, each in­ Sec. 20, N W ftS W ft, E ftS W ft, and Wft T. 12 N., R. 7 W., terested in acquiring portions of the SE 14 ; Secs. 1, 12, 13, 24, and 25. classified land. Segregation against forms Sec. 2 1 , S ftN ft, Ny2sy2, SE 14 SW 1,4 , and T. 18 N., R. 7 W., Sft SE ft; Secs. 8, 20, 22, 28, 30, and 32. of disposal other than that for which Sec. 22, E 14 NE 14 and SftSWft; T. 21 N., R. 7 W., the lands have been classified is neces­ Sec. 23, S ftN W ft, N ftS W ft, and SEft Secs. 8, 11, 14, 17, 20, and 22. sary to complete the disposal negotia­ S W ft; T. 22 N„ R. 7 .W., tions. There has been no opposition to Sec. 27, Ni/2 ,Ny2sy2,and S ftS W ft; Secs. 3, 20, and 21. the segregation for disposal during the Sec. 28, Eft ; T. 23 N„ R. 7 W., 2-year period it has been in effect. The Sec. 32, E ftN E ft, S E ftN W ft, E ftS W ft, and Sec. 34. total acreage involved in the classifica­ SEft; T. 25 N., R. 7 W .t Sec. 33, NE 14 (exclusive of Eft SE ft SE ft Secs. 1 and 12. tion is 23,451.97. NE 1 4 ), SE 14 NW 14 , Ny2SWy4, and Nft T. 19 N., R. 8 W., N o l a n F . K e il , NWftNEftSEft; Secs. 30 and 32. State Director, Nevada. Sec. 34, N ftN W ft. T. 20 N„ R. 8 W., [F.R. Doc. 70-12363; Filed, Sept. 16, 1970; T. 23 S., R. 10 E., Secs. 5, 6, 7, and 8. 8:47 a m .] Sec. 2, Nft, Ny2sy2, SftSWft, and swft T. 21 N„ R. 8 W „ SE 1,4; Sec. 34. Sec. 3, Ei/2 and W ft Wft ; T. 22 N., R. 8 W., [O R 4732] Sec. 4, lots 1, 2, 3, S ftN E ft, SEftNWft, Secs. 6, 7,14,18, and 19; and S.fcv Secs. 23 to 35, inclusive. OREGON Sec. 5, lots 2, 3,4, S ftN W ft, and S ft; T. 23 N., R. 8 W., Sec. 6 , W ft and SEft ; Secs. 5, 6, 7, 8, 17, 18, 19, 20, 30, 81, and 32. Notice of Classification of Public Lands Sec. 7; T. 24 N., R. 8 W., for Multiple Use Management Sec. 8 ; Sec. 18,19,30, 31, and 32. Sec. 9; T. 25 N., R. 8 W „ S e pte m b e r 11, 1970. Sec. 10, Ei/2, w y2NW'/4, N W ftSW ft, and SE 14 SW %; Secs. 4, 5, 6, 7, 8, 17, 18, 19, 20, 30, and 31. 1. Pursuant to the Act of Septem­ T. 26 N., R. 8 W., Sec. U , W ft NE ft, SE ftN E ft, W ft, and Secs. 18, 29, 30, 31, and 32. ber 19, 1964 (43 Ü.S.C. 1411-18) and to SE 1,4 ; T. 28 N., R. 9 W., the regulations in 43 CFR Parts 2400 and Sec. 12, S W ft , W ft SE ft , and SE 14SE 14 ; Secs. 3, 8, 9, and 27. 2460, the public lands described below Sec. 13, Wy2NEi/4, SE 14NE 14, wy2, and T. 29 N., R. 9 W., are hereby classified for multiple use SEft; Secs. 34, 35, and 36. management. Publication of the notice Sec. 14; T. 28 N., R. 10 W., has the effect of segregating the public Sec. 15, E ft, E ftN W ft, and S W ftS W ft; Secs. 13, 22, 23, 24, and 27. Sec. 17, Ni/2 , Sy2 S W ft, and S E ft ; lands described below from appropria­ Sec. 18, Ny2 and SftS E ft; The public lands described above ag­ tion under the agricultural land laws (43 Sec. 20, N W 14 NE 14 , Wft SE ft, and SE 14 gregate approximately 96,269 acres. U.S.C. Parts 7 and 9, 25 Ü.S.C. 334) and SE 1,4 ; 3. For a period of sixty (60) days from from sale under section 2455 of the Re­ Sec. 21; the date of publication of this notice vised Statutes (43 U.S.C. 1171). All the Sec. 22, Ey2, NWftNWft, and EftSWft; described lands shall remain open to all Sec. 23; to the F ederal R eg ister , all persons who other forms of appropriation, including . Sec. 24, E ftN E ft, W f t , and N W ftS E ft; wish to submit comments, suggestions, Sec. 25, N E ftN E ft, N W ftN W ft. Sy2Ni/2, or objections in connection with the pro­ the mining and mineral leasing laws. and S ft; posed classification may present their As used in this order, the term “public Sec. 26; views in writing to the District Man­ lands” means any lands withdrawn or Sec. 27, NE 14, E ^NW ^,' SftSWft, and Ey2 ager, Bureau of Land Management, Post reserved by Executive Order No. 6910 of SE 14 ; Office Box 1227, Missoula, Mont. 59801. November 26, 1934, as amended, or Sec. 28, W ft NEft and N ftN W ft; within a grazing district established pur­ Sec. 2 9 ,N ftN E ft; 4. A public hearing on the proposed suant to the Act of June 28, 1934 (48 Sec. 33, N W ftN E ft, N ftN W ft, and SE4 classification will be held on Novem­ Stat. 1269), as amended, which are not NW Î4; ber 2, 1970, at 7 p.m., in Courtroom No. Sec. 34; otherwise withdrawn or reserved for a Sec. 35, N ftN E ft, SE ftN E ft, S W ftN W 1/*, 1 of the Lewis and Clark Courthouse, Federal use or purpose. Helena, Mont. and S ft. 2. The public lands classified in this T. 24 S„ R. 9 E., E d w i n Z a id l ic z , Sec. 4, SW 14NE 14 , SEftNWft, NEftSWft, State Director. notice are shown on a map designated “ OR 4732, 2411.2 : 36-010, April 1969,” on and SWÎ4 SWft ; [FJR. Doc. 70-12362; Filed, Sept. 16, 1970; file and available for Inspection in the Sec. 5, lots 1 and 2, S ftN E ft, and SEÎ4 8:47 a m .] SEft; Lakeview District Office, Bureau of Land Sec. 13, S EftN Eft, S E ftSW ft, and SEft; Management, 37 North L Street, Lake- Sec. 24, S ftN E ft. [Serial No. N-2710] view, Oreg., and the Land Office, Bureau T. 24 S., R. 10 E., of Land Management, 729 Northeast Sec. 1; NEVADA Oregon Street, Portland, Oreg. The no­ Sec. 2; tice of proposed classification was pub­ Sec. 3, E ft and E ftW ft; Notice of Continuation of Segregation Sec. 4, SE ft SE ft NW ft NE ft , NE ft NE'4 lished in 35 F.R. 6082-6084 of April 14, S W ftN E ft, S ftN E ftS W ftN E ft, NEft of Public Lands Classified for Trans­ 1970. No comments were received on the SWftSWftNEft, SftSWft SWftNEft. fer Out of Federal Ownership proposed classification. SE ft SWftNEft, SEftNEft, EftSWft (exclusive of NftNW ftNEftSW ft). a11« S e pte m b e r 10, 1970. 3. The lands involved are located in Klamath County and are described as SE ft;. 1. Pursuant to the Act of Septem­ Sec. 7, S ftS E ft; ber 19, 1964 (43 U.S.C. 1411-18), and the follows: Sec. 8 ,S ftS ft; W il l a m e t t e M e r id ia n regulations in 43 CFR 2462.4, the segre­ Sec. 9, N E ft, E ftN W ft, E ftN W ftN W ft. and gation of lands afforded by the notice of T. 23 S., R. 9 E., S ft; proposed classification published in the Sec. l.S E ft ; Sec. 10, NE ft and Sft ; Sec. 2, lot 4, S E ftN W ft, and S W ftS W ft; Sec. 11, N ft and S W ft; F ederal R egister on October 23, 1968, Sec. 3, S W ftS W ft; Sec. 12, N ft; F.R. Doc. 68-12838, Voi. 33, No. 207, Sec. 4, S W ftS W ft; Sec. 15, N W ft; . pages 15673-74, as modified in the sub­ Sec. 5, E ftS W ft and S E ft; Sec. 17, E ftN E ft, W ftN W ft, N ftS ft, sequent notice of classification published Sec. 8; S ftS W ft; In the F ederal R egister on July 25, 1969, Sec. 9, N ftN W ft and S W ftN W ft; Sec. 18;

FEDERAL REGISTER, V O L 35, N O. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14571

Sec. 19, lot 2, N H N E H , SW 14 NE %, and Sec. 3, lots 1, 2, and 3, S H N E H . S E H N W H . Sec. 29, E H N E H , S W H N W H , W H S W H . SEHNWH; and SEH : and NEHSEH; Sec. 21; Sec. 10, E H , E H N W H , and NE H SW H ; Sec. 30, E H E H j Sec. 28, N W H - Sec. 11, S W H S W H : Sec. 31, lots 1, 2, and 3; T. 36 S., R. 14 E., Sec. 1 2 , SWHNEH, NWH NWH, SHNWH. Sec. 32, lots 1, 2,3, and 4, and S W H N E H ; Sec. 36, E H N W H - N H SW h , SE H SW H , and W H SE H ; Sec. 33, EH NE H; T. 36 S., R. 15 E., Sec. 13, WHEH, EH WH. and WHNWH; Sec. 34, SWHNWH and W HSWH; Sec. 28; Sec. 14, WHEH, NHNWH, SEHNWH. and Sec. 35, lots 1, 2, 7, and 8, and S H N E H - Sec. 30; s e h s e h ; T. 39 S., R. 11H S., Sec. 32. Sec. 17, N W H N E H and E H S E H ; Sec. 1, SE H N W H and SW H SE H; T. 37 S., R. 7 E., Sec. 19, SEH SEH ; Sec. 2, N W H N E H ; Sec. 30, lots 3, 4, 5, 6, 7, S E H N W H , and Sec. 20, S H S W H and S W H SE H ; Sec. 3, lots 3 and 4; EH SW %- Sec. 21, EHNEH, EHSWH,'NEHSEH, and Sec. 4, lots 1 and 4, S H N H , N H S H , and T. 37 S., R. 10 E., w h s e h ; s h s w h ; Sec. 3, W H S W H . W H S E H , SEH SEH ; Sec. 22, S H N H , N W H N W H , N E H S W H . Sec. 5, lot 1; Sec. 4, lots 3 and 4, S H N E H , SEy4NW>/4, N H SE H , and SE H SE H ; Sec. 6, lots 6~&nd 7; E H SW 14 , and SE % ! Sec. 23, EH and S H S W H : Sec. 7, lots 1, 2, and 3, N E H , E H N W H . Sec. 5, lots 1, 2, 3, and 5; Sec. 26, EHEH, NWHNEH, and NWH; NE H SW H . and N H SEH ! Sec. 6, lot 8; , Sec. 27, S W H N W H and SW H : Sec. 8, NWHNWH, SHNH. NHSWH. Sec. 9, N E and SEH SEH î Sec. 28, NV2NH , S E H N E H , and N E H SE H ; SEH S W H , and SEH ; Sec. 10 , EH, Ei/2NWy4, s w y 4Nw>/4, sw y 4; Sec. 29, EH and N H N W H ! Sec. 9, S H N E H and W H r Sec. 11, SWy4NWy4l EHSWH, and SW H Sec. 30, E H E H : Sec. 10,-S W H N W H : ' / se H; Sec. 32, N E H S W H and N W H S E H ; Sec. 11, N E H S E H ; Sec. 12, S H SE H; Sec. 34, S H N E H , N E H N W H , and N W H Sec. 12, IÎWHNEH and SEHSWH: Sec. 13, NEHNWH, Wy2SWy4l SEHSWH: SEH; Sec. 13, N W H N W H ; Sec, 14, NW % NE»4, s y2n e 14 , n w »/4, EH Sec. 35, NEHNEH, SHNEH. WH. and Sec. 14, W H S W H ; SW H. and SE %; n e h s e H- Sec. 15, NWHNEH, NHNWH, sy2NH. NH Sec. 15, N1/2NE»4; N E H N W H ; T. 38 S.. R. 11H E., SH , and S H SE H; Sec. 23, NE H NE H; Sec. 5, Ipts 3 and 4, S H N W H . and S H : Sec. 17, EH and S H S W H ; sec. 24 , w y2n e 14 , Nwy4, Ny2swy4, SE H Sec. 6, lots 1, 2, and 3, SHNEH, NHSEH," Sec. 21, NEHNEH*, SWH, W H S E H , and SEH SEH ; and SEHSEH; Sec. 22, N H N E H and N E H N W H : Sec. 25, N H N E H , SE H NE 14 , and EH SE H. Sec. 8, EH.EHW H, and WHNWH: Sec. 23, N H N H : T. 37 S., R. 11 E., Sec. 9, W H W H , S E H N W H . E H S W H . Sec. 24, N H , NE H SW H , and SE H J Sec. 16,NWy4NWy4; N W H S E H , and SH SE H; Sec. 25, E H N E H ; Sec. 23, NWy4N W ‘/4 and SW H SW H; Sec. 16; Sec. 30, lots 1 and 2, E H N W H . NE H SW H 1 Sec. 26, SW H; Sec. 17, E H : and S H SE H; Sec. 27, EH SW H and SEH ; Sec. 20, N H N E H , S E H N E H , and NEH Sec. .31, lot 4, NWHNEH, SEHSWH. and Sec. 29, N H S W H and SE H SW H; s e h ; s h s e h ; Sec. 30.NHSE1/4; Sec. 21, N H , N H S H , and SEH SEH ; Sec. 32, S W H S W H - Sec. S3, SE H NW H and W H SE H; Sec. 22, SWHNWH. WHSWH, SEHSWH, T. 39 S., R. 12 E., Sec. 34, EH, NEHNWH. NHSWH, and and SWHSEH; Sec. 9, E H N E H and N E H S E H ; s e h s w h ; Sec. 27, NHNH, SHNWH. and NEHSWH- Sec. 11, NH* N H S H , and S E H SE H ; Sec. 35, S H N E H , N W H . and SH - T. 38 S., R. 12 E., Sec. 13, N H and S W H : T. 37 S., R. 11H E., Sec. 5, w h s w h ; Sec. 14, S H S H and N E H S E H ; Sec. 11, NE H and N H S E H ; Sec. 6, NE H SE H - Sec. 15, W H W H : sec. 13 , e h n w h ; T. 38 S., R. 13 E., Sec. 21, N E H N E H ; :j Sec. 14, s e h n e h ; Sec. 25, E H E H , S W H N E H , N E H S W H , SH Sec. 22, E H and SW H : Sec. 17, S E H S W H : S W H , and W H S E H ; sec. 23, w h w h ; Sec. 20, NE H SE H; Sec. 26, N E H , E H N W H , E H S W H , SW H Sec. 26, N W H N W H ; Sec. 2 1 , n w h n e h . s h n e h , n h n w h . SWH, W HSEH, and SE HSE H ï Sec. 27, E H E H , W H NE H , and NE H NW H ; SW H SW H , N H S E H , and SE H s e H: Sec. 27, N W H N E H and W H ; Sec. 34, N E H N E H - Sec. 22, W H S W H : Sec. 28, W HW H, SEHNWH, and EHSWH: T. 39 S., R. 13 E., Sec. 27, N W H S W H ; Sec. 33, W H N E H , N W H . N H S W H . SEH Sec. 1, lots 1 and 2; - Sec. 28, SWHNEH, WHNWH. SEHNWH. SW H , and SE H: Sec. 2, S H N H and SH ; and N W H S W H : Sec. 34, NEH, EHNWH, NWHNWH, SWH Sec. 3, lots 1, 2, 3, and 4, S H N H , and Sec. 29, SEHNEH. ÉHSW H. and EHSEH.Î s w h , n e h s e h ; Sec. 31; n h s h ; Sec. 35, N H , E H S W H , N W H S E H ; Sec. 4, lots 1 and 2, and S H N E H ; Sec. 32, N E H , W H « Sec. 36, N W H - T. 37 S., R. 12 E., T. 38 S., R. 14 E., Sec. 9, NEHNEH and EHSEH; Sec. 26, SWH and WHSEH; Sec. 30, lots 1, 2, 3, and 4, S E H N W H , and Sec. 10, s h n e h ,* w h s w h , SEH SW H . and E H S E H ; Sec. 27, NHNW H, SEHNWH, and SEH; e h s w h ; Sec. 28, N H N E H and S W H N E H ; Sec. 31, lots 1, 2, 3, and 4, S W H N E H , EH Sec. Il, N E H N E H , W H E H . W H . and Sec. 34, NHNEH. SEHNEH, and NEH NWH, and EHSWH; s e h s e h ; SEH; Sec. 32, N W H and E H S W H - Sec. 13, S H N E H , E H S W H , and SEH ; Sec. 35, lots 2 and 3, N W H N E H , N W H . N H T. 39 S., R. 5 E., Sec. 14, N H and S W H ; SWH, and NWHSEH- Sec. 12, N H N E H and N H S W H - Sec. 15, SHNEH, NHNWH. SEHNWH, E% T. 37 S., R. 14 E., T. 39 S., R. 6 E., SWH, and SEH; ' Sec. 18, lots 1, 2, and 3, E H , and E H WH î Sec. 4; Sec. 18, lot 4, S E H S W H , and E H S E H ; Sec. 5, lot 1, S E H N E H , and NE H SE H; Sec. 20, lots 4, 5, and 12. Sec. 19, N H N E H and S E H N E H : Sec. 9, N H ,' NE H SW H , and SE H : T. 39 S., R. 10 E., Sec. 22, E H , E H WH , and S W H N W H ; Sec, 10, W H N E H , W H . and SEH- Sec. 4, lots 1, 2, and 3, S H N E H . S E H N W H , Sec. 23, W H ; Sec. 24; T. 37 S., R. 15 E., NHSWH, SWHSWH, and n e h s e h ; Sec. 4. Sec. 5, lots 2, 3, and 4, SHNEH, and SEH Sec. 25; Sec. 26, SH ; T-38S.,R. 8E., n w h ; Sec. 19, lots 12,13, and 14; Sec. 23, W H E H , E H WH . and S W H S W H ; Sec. 27, N H N E H , S W H N E H , N W H . and Sec. 30, lots 6 to 16, Inclusive; Sec. 24, S H N E H ; W H SW; Sec. 31, lots 4 and 6. Sec. 25, S H N E H , N W H , and SEH ; Sec. 28, EHSWH. SWHSWH. and SEH t -38S.,R. 10 E., Sec. 26, N H : s e h ; Sec. 27, S H S W H and N W HSE H; Sec. 32, N E H S W H and S W H S E H ; Sec. 33, N H N E H and N E H N W H ; Sec. 28, W H E H and SEH SEH ; Sec. 33, S E H N E H ; Sec. 34, EH and E H S W H ; Sec. 30, lots 2, 3, and 4; Sec. 34, SH - Sec. 35; Sec. 31, EHEH, SWHNEH, SEHNWH. EH T. 39 S., R. 11 E., Sec. 36. SWH, and lots 1, 2, and 3; Sec. 2, lots 1, 3, and 4; T. 39 S., R. 14 E., Sec. 32, NHNEH, SWHNEH. SWHNWHr Sec. 19, lots 1, ü, 3, and 4, SWHNEH. Sec. 3, s e h n e h , SHNWH. SWH. WH NWHSWH. SHSWH. and SEH: E H N W H , and S E H S W H : SEH, and SEHSEH; Sec. 33, WHEH, NHSW H. and SEHSWH; Sec. 21, W H and SEH ; Sec. 4, lots 2, 3, and 4, SH N H , NH SH . and S

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 No. 181------6 14572 NOTICES

Sec. 10, N y , S w y , and N y S E y ; Sec. 29, N E y N W y ; Sec. 34, E y and E y w y ; Sec. 11, N W yN W y, Sy2 NWy4) and Sy ; Sec. 30, N y N E y , and S E y N E y . Sec. 35, N y and S w y . Sec. 12, WyNEy, SEyNEy, SEyNWy, T. 40 S., R. 12 E., T. 40 S., R. 15 E., and E y SW y ; Sec. 1, lots 3 and 4, SyNWy, Nyswy, Sec. 5, s y s w y ; Sec. 13, E y N E y , S W y N E y , W y N W y , and SWySWy; Sec. 6, lots 2 through 7, inclusive, SyNEy, a n d S y ; Sec. 2, lots 3 through 8, inclusive, lots 13 SEyNwy, Eyswy, and SEy ; Sec. 14‘ and 14, and S E y N W y ; Sec. 7; Sec. 15, N E y N E y , NWJ4NWJ4, Sy2Ny2, Sec. 3, E y S E y ; Sec. 8, w y ; a n d S y ; Sec. 5, lots 1 and 2, S y N E y , E y S W y , Sec. 17, N y and SW y ; Sec. 18, lots 3 and 4; and S E y ; Sec. 18, E y and E y w y ; Sec. 19, lots 1,2, 3, and 4, and E y s w y ; Sec. 8, E y and S E y s w y ; Sec. 19, lots 2, and 3, N y N E y , S E y N E y , Sec. 20, S y N E y , S E y S W y , and S E y ; Sec. 9, swyNwy, wyswy, and S E y and NE y SE y; Sec. 21, S E y N E y , W y N W y , and S y ; SW y; Sec. 20,wyNWy; Sec. 22, E y and SW y; sec. 1 0 , n e y n e y, SEyNwy, and w y sec. 2 1 , NEyNEy, SEyNwy, and swy Sec. 23; S E y ; s w y ; Sec. 24; Sec. 11, lots 1, 2, 3, 4,5, 7, 8, and 10; Sec. 28, s y s w y ; Sec. 25; Sec. 12; sec. 2 9 , EyEy, swyNEy, syNwy, Sec. 26, E y and SW y ; Sec. 13, lots 1, 3, 6, and 13; s w y , and N W y S E y - Secs. 27 through 36, inclusive. sec. 14 , SEyNwy, NEyswy, wy'swy, Sec. 30, s y N E y and S E y ; T. 39 S., R. 15 E., and N W y S E y ; Sec. 31, lots 1, 2, 3, and 4, E y , EyNwy, Sec. 29, SW1/4NW44, W y s w y , and SE 14 Sec. 15, N y N E y , N y s w y , and S E y an d N E ysw y; sw y 4; SW y; Sec. 32, sw yN E y , w y , and W ySEy; Sec. 30, lots 1,2 , a n d 3 ,E y , and E y w y ; Sec. 17, N y NE y , S E y N E y , and E y N w y ; Sec. 33, S E y s w y . Sec. 81; Sec. 19, N y NE y and S E y N E y ; T. 41 S., R. 5 E., Sec. 32, NW >4NW '/4 and SWySW y. Sec. 20, N y N y , S E y N E y , and N E y S E y ; Sec. 6, lot 7; T. 40 S., R. 6 E., Sec. 21, SW y NE y , W y ,"&nd N E y S E y ; Sec. 8, S W y ; Sec. 12, lots 2, 3, 4, 5, 6 , 8 , and 9, and sec. 2 2 , swyNEy, SEyNwy, and sw y Sec. 12, lot 3, s y N w y , N W y s W y , and w y 2 sw y 4; s w y; N w y « E y ; Sec. 14, lots 1 to 6 , inclusive, NE y NE 14 , Sec. 24, N y , w y s w y , and S E y ; Sec. 13, lot 4; and w y E y ; Sec. 25, E y and S E y s w y ; - Sec. 14, lots 1 and 2; Sec. 26, lots 1 to 8 , inclusive, and SE y Sec. 26, w y S E y and S E y SE ÿ ; Sec. 18, lots 1,2, 3, and 4. s w y; sec. 2 7 , wyNEy, SEyNEy, NyNwy, T. 41 S., R. 6 E., Sec. 34, lots 1 to 7, inclusive, w y N E y , and SEyswy; Sec. 2, N y N w y (unnumbered lots) ; S E y s w y , and N W y S E y . Sec. 28, E y N w y ; Sec. 4, S y N y and s y ; T. 40 S., R. 7 E., Sec. 35, NE y NE y. Sec. 6, lots 4, 6, 7, 8, and 9, SWyNEi/4, Sec. 6 , lot 7; T. 40 S., R. 13 E., N y S E y , and S E y S E y ; . Sec. 22, lots 1 and 2, S E y N E y , and N E y Sec. 7, lots 2, 3, and 4, S y N E y , E y S W y , Sec. 7, lot 5; SE y. and S E y ; sec. 8 , EyNEy, Nwy, Nyswy, SE14 T. 40 S., R. 8 E., Sec. 8, swyNEy, Nwy, wyswy, and sw y , NEySEy, and sySEy; Sec. 17, N E y S E y and S W y S E y ; NWySEy; sec. 10 , wyNEy, swyNwy, Nwyswy Sec. 21, S W y S E y ; Sec. 17, N W y N W y , S y N W y , and N y s y ; and S W y S E y ; oqc 22 lot 4* Sec. 18, lots 1 and 2, W y N E y , S E y N E y , Sec. 18, lots 2,3,4, and 5. Sec. 28, wyNEy, SEyNEy, and NWy and E y N W y ; T 41 S R 7E SEy; Sec. 19, lots 1, 2, 3, and 4, SEyNEy, SEy Sec. lO. NW ySW y, SEysw y, and SWÎ4 Sec. 32, S y N E y ; N W y , and N E y s w y ; S E y ; Sec. 3 3 ,N E y S W y . - Sec. 20, S W y N W y and N E y s w y ; Sec. 13, lot 4 and N E y N E y . T. 40 S., R. 9 E., Sec. 30, lots 1, 2, and 3, SEyNEy, SEy T 41 S p, 8 E Sec. 2 2 , w y 2N E y , w y. W y SE y, and NW y , and SW y SE y ; sec. ’’s, ' syNE y, NwyNwy, syNW^, S E y S E y ; Sec. 31, lots 2 through 7, inclusive, N y E y sw y , and SEy; Sec. 23, sw y s w y ; NEy, SEyNEy, and NEysw y; Sec. 17, NEyNEy. Sec. 26, E y N W y ; Sec. 32, swyNwy and SW y. T. 41 S., R. 12 E., Sec. 27, N W y N W y and a portion of T. 40 S., R. 14 E., Sec. 1, N y N E y and N E y N W y . s w y N w y . Secs. 1 through 4, inclusive; T. 41 S., R. 13 E., T. 40 S., R. 10 E., Sec. 6, SEySEy; Sec. 5, lot 4, s w y N w y , S W y, and Sft Sec. 1, lots 1, 2, 3, and 4, i3 y N y , N E y Secs. 10 through 15, inclusive; SE y; SWy, and NWySEy; Sec. 16, SEy; * ' Sec. 6; Sec. 2, lots 2 and 3, SyNEy, and S E y Secs. 21 through 27, inclusive; sec. 7, E y . E y N w y , and N E y s w y ; N w y ; Sec. 28, N E y , N y S E y , and S E y S E y ; Sec. 8, w y E y , w y , and E y S E y ; Sec. 3, lots 1, 2, 3, and 4, SWyNEy, Sy Sec. 33, E y NE y ; Sec. 9, w y s w y ; Nwy, Nysy, and SEySEy; Sec. 34, Ny, Nyswy, SEyswy, and sec. 17, EyEy, wyNEy, w yw y, and Sec. 4, lots 1, 2, 3, and 4, S y N y , N y s y , SEy; S E y s w y ; s y s w y , and S W y S E y ; Sec. 35; Sec. 18, E y ; Sec. 5, N E y and N E y S E y ; Sec. 36, W y . Sec. 19, lots 5, 6, and N E y ; Sec. 9, E y and E y w y ; T. 40 S., R. 14y E., Sec. 20, lots 1, 2, 3, and 4, E y N E y , N'/i Sec. 1 0 , E y E y and w y s w y ; Sec. 1; N W y , and SW yNW y; sec. 11, wyNEy, Nwy, N E ysw y, w y Sec. 2; Sec. 21, S W y N W y ; SW y, and SWySEy; Sec. 3* Sec. 24, lot 1 and S E y N E y . Sec. 12 , S E y and w y sw y ; Sec.’ 4, Ey, EyNwy, swyNwy, and T. 41 S., R. 14 E., Sec. 13, NEy, NWyNWy, Nyswy, and swy; Sec. 1; S E y s w y ; Sec. 5, NWyNEy, SyNEy, Nwy, and Sec. 2; Sec. 14, N W y N W y , S y N W y , and sy ; s y ; Sec. 8, S E y N E y and E y S E y ; S ec.15; ' ■ ■ ~ Secs. 6 through 11, inclusive; Sec. 9, s y N y and s y ; Sec. 22, w y N E y , N E y N W y , and E y Sec. 12, N y , s y s w y , a n d E y S E y ; Sec. 10, N E y , s w y N w y , and s y ; S E y; Secs. 13 through 19, inclusive; Sec. 11, N y and SEy; Sec. 23, SEyNEy, w yw y, and NEySEy; Sec. 20, NEy, W % , EySEy, and S W y Sec. 12; Sec. 24, EyNWy, Nyswy, and N w y S E y ; Sec. 13; S E y ;. — Secs. 21 through 24, inclusive; Sec. 14; Sec. 26, NW yN W y-, Sec. 25, E y ,E y w y ; Sec. 15, N y , N y s w y , and S E y ; Sec. 27, N E y N E y . Oqq 26* Sec. 16; T. 40 S., R. 11 E., Sec! 2 7 ! E y , N W y , and E y sw y ; sec. 17, N E y N E y , s y N y , and sy ; Sec. 5, lots 3, 4, 5, 6 , II, 12, 13, 14, 19, 20, Sec. 28, N y ; Sec. 18, E y S E y ; 21, 22, 23, 24, and S W y S E y ; Sec. 29, NEy, Wy, NySEy, and swy Sec. 19, lots 3 and 4, and N E y N E y ; Sec. 6 ; S E y ; Sec. 20, N E y N E y and N W y N W y ; Sec. 7, lots 1 through 10, inclusive; Sec. 30; Sec. 21, N W y N E y and N W y N W y ,* Sec. 8 , NWyNEy'andNyNWy; Sec. 31* Sec. 22, N E y N E y ; . Sec. 18, lots 1, 2, and 3, W yN Ey, NEy Sec'. 32, w y N E y , Wy, wySEy, and Sec. 23, lots 1 and 2, S y N E y , N y N y , and S E y , and S E y S E y ; S E y S E y ; S E y N w y ; Sec. 19, S E y N W y , NEyswy, and S E y ; Sec. 33, s w y s w y ; Sec. 24.

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14573

T. 41 S., R. 14% E., T. 11 S.,R. 12 W., strengthen and support the missions of Secs. 1 through 9, inclusive; Sec. 1, all; the various States and the Department sec. 10, NE y4, wy2, NE % SE %, and W % Sec. 12, N% . of the Interior in the cooperative preser­ SE%; T. 13 S., R. 11 W „ vation, use and management of the Na­ T 41 S., R. 14% E., (Continued) Sec. 8, E% ; • Sec. 11, N% , N% S% , and SE % SE %; Sec. 9, all; tion’s Fish and Wildlife Resources. Sec. 12; Sec. 15, W % ; The notice afforded interested persons Sec. 1 3 ,NE%NE%; Sec. 17, E%. an opportunity to file data, views, or Sec. 14, E%NW%, SW%NW%, SW%, and arguments pertaining thereto not later W%SE%; The areas described contain 3,674 than 30 days following its publication acres. Sec. 15, NW%NE%, S%NE%, W%, and ■ in the F ederal R e g is t e r . 2. The purpose of this modification is SE %; Views received have been considered Sec. 17; to protect for general public use and in the final regulation which is published Sec. 18, lots 1 and 2, E%, and E%NW%; enjoyment popular “ rockhounding” below: Secs. 19 through 23, inclusive; areas. Sec. 24, lots 1,2,3, and 4, and NW % . Regulation of the Secretary of the In­ T. 41 S., R. 15 E., 3. For a period of 60 days from the terior Relating to Certain Responsibili­ Sec. 3, SW%NE%, SW%NW%, and W % date of publication of this notice in the ties of Interior Agencies and the States SW%; F ed eral R e g is t e r , all persons who wish in the Preservation, Use and Manage­ Sec. 4, lots 2 and 3, S% NE% , SE% NW % , to submit comments, suggestions, or ob­ NE% SW % , and SE% ; ment of the Nation’s Fish and Wildlife jections in connection with this proposed Resources. Sec. 5, lots i, 2, 3, and 4, S% N% , SW % , classification may present their views in and NW % SE% ; writing to the District Manager, Bureau The Secretary of the Interior recog­ Sec. 6; nizes that fish and wildlife resources Sec. 7, lots 1, 2, and 4, E% E% , NW % NE% , of Land Management, 1750 South Red­ and NE % NW % ; wood Road, Salt Lake City, Utah 84104; must be maintained for their aesthetic, Sec. 8, SE % NE %, SW%NW%, W%SW%, or to the State Director, Bureau of Land scientific, recreation and economic im­ and SE % SE %; Management, Post Office Box 11505, portance to the people of the United Sec. 9, E%, E%W%, SW%NW%, and W% Federal Building, Salt Lake City, Utah States, and that because fish and wildlife SW%; 84111. The record and maps depicting populations are totally dependent upon Sec. 11, E%NE% and NE % SE %; their habitat, the several States and the Sec. 17, N% ; N % SW %, SW % SW % , and these lands are on file and may be viewed SE%; at these offices. Federal Government must work in har­ Sec. 18, lot 1 and E% ; R. D. N ie l s o n , mony for the common objective of de­ Sec. 19, lots 3, 4, 5, and 6, and NE % ; State Director. veloping and utilizing these resources. It Sec. 21, lots 1 and 2, and S% NW % . is the policy of the Secretary of the In­ [F B . Doc. 70-12364; Piled, Sept. 16, 1970; terior further to strengthen and support, The lands described aggregate approx­ 8:47 a.m.] to the maximum extent possible, the mis­ imately 186,290 acres. sions of the States and the Department 4. For a period of 30 days from date Office of the Secretary of the Interior in the attainment of this of publication in the F e d eral R e g is t e r , objective. this classification shall be subject to the [Order No. 2508, Amdt. 88] The effective husbandry of such re­ exercise of administrative review and COMMISSIONER OF INDIAN AFFAIRS sources requires the cooperation of State modification by the Secretary of the In­ and Federal Government because: terior as provided for in 43 CFR 2461.3. Delegation of Authority With Respect (a) The several States have the au­ For a period of 30 days, interested parties to Specific Legislation may submit comments to the Secretary thority to control and regulate the cap­ of the Interior, LLM 320, Washington, Section 30 of Order 2508, as amended, turing, taking and possession of fish and D.C. 20240. is further amended by the addition un­ resident wildlife by the public within State boundaries; A r t h u r W . Z im m e r m a n , der paragraph (a) of a new subpara­ Assistant State Director. graph to read as follows: (b) The Congress, through the Secre­ tary of the Interior, has authorized and S e c . 30 Authority under specific acts. (F.R. Doc. 70-12335; Piled, Sept. 16, 1970; directed to various Interior agencies cer­ 8:45 a.m.] (a) In addition to any authority dele­ gated elsewhere in this order, the Com­ tain responsibilities for the conservation missioner of Indian Affairs, except as and development of fish and wildlife re­ [U 4342] provided in paragraph (b) in this sec­ sources and their habitat. UTAH tion, is authorized to perform the Accordingly, the following procedures functions and exercise the authority will apply to all areas administered by Notice of Proposed Modification of vested in the Secretary of the Interior by the Secretary of the Interior through the Classification of Public Lands for the following acts or portions of acts or National Park Service, Bureau of Sport Multiple-Use Management any acts amendatory thereof: Fisheries and Wildlife, Bureau of Land * * * * • Management and Bureau of Reclamation 1. Pursuant to the Act of Septem­ (47) Section 5 of the Act of May 21, (hereinafter referred to as the Federal ber 19,1964 (78 Stat. 986; 43 U.S.C. 1411- agencies). These Federal agencies will: 18), and to the regulations in 43 CFR, 1970 (Public Law 91-259, 84 Stat. 253): Group 2400, it is proposed to modify The Confederated Tribes of the Uma­ 1. Within their statutory authority, Paragraph 3 of the existing classification tilla Reservation. institute fish and wildlife habitat man­ for multiple-use management for Juab agement practices in cooperation with W a l t e r J. H ic k e l , the States which will assist the States in County (F.R. Doc. 68-3707, filed Mar. 27, Secretary of the Interior. 1968) by adding thereto the pubic lands accomplishing their respective, compre­ described below. S e p t e m b e r 8, 1970. hensive, statewide resource plans; The publication of this notice has the [P.R. Doc. 70-12357; Piled, Sept. 16, 1970; 2. Permit public hunting, fishing and effect of segregating these public lands 8:47 . a.m.] trapping within statutory limitations and from entry or location under the general in a manner compatible with the pri­ mining laws (30 U.S.C. Ch. 2), but not mary objectives for which the lands are the mineral leasing laws. It does not PRESERVATION, USE AND MANAGE­ administered. Such hunting, fishing, and otherwise affect the existing classifica­ MENT OF FISH AND WILDLIFE trapping and the possession and disposi­ tion, and it will not affect valid existing RESOURCES tion of fish, game and fur animals shall fights. be conducted in all other respects within On July 17, 1970, notice of a proposed the framework of applicable State laws, Salt Lake Meridian, Utah; regulation was published in the F ederal including requirements for the posses­ T-11 S..B. 11 W., R e g is t e r (35 F .R . 11526). The proposed sion of appropriate State licenses or per­ Sec. 6, all; regulation was issued by the Secretary mits. The Federal agencies may, after Sec. 7, N%. of the Interior. Its purpose was to consultation with the States, close all

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14574 NOTICES or any portion of land under their juris­ concludes that approval of new animal diction to public hunting, fishing, or DEPARTMENT OF AGRICULTURE drug application No. 12-400V and new trapping in order to protect the public Office of the Secretary animal drug application No. 12-401V safety or to prevent damage to Federal should be withdrawn. Therefore, pur­ lands or resources thereon, and may im­ SOUTH CAROLINA suant to provisions of the Federal Food, pose such other restrictions as are Drug, and Cosmetic Act (sec 512(e), 82 necessary to comply with management Designation of Areas for Emergency Stat. 345-47; 21 U.S.C. 360b(e)) and un­ objectives; Loans der authority delegated to the Commis­ 3. Consult with the States and comply For the purpose of making emergency sioner (21 CFR 2.120), approval of new with State permit requirements in con­ loans pursuant to section 321 of the animal drug application No. 12-400V and nection with the activities listed below, Consolidated Farmers Home Administra­ new animal drug application No. 12- except in instances where the Secretary tion Act of 1961 (7 U.S.C. 1961), it has 401V, including all amendments and of the Interior determines that such been determined that in the hereinafter- supplements thereto, is hereby with­ compliance would prevent him from car­ named counties in the State of South drawn effective on the date of signature rying out his statutory responsibilities: Carolina, natural disasters have caused of this document. (a) In carrying out research programs a need for agricultural credit not readily Dated: September 4, 1970. involving the capturing, taking or pos­ available from commercial banks, coop­ session of fish and wildlife or programs erative lending agencies, or other re­ S a m D . F in e , involving introduction of fish and sponsible sources. Associate Commissioner for Compliance. wildlife; South Carolina [F.R. Doc. 70-12366; Filed, Sept. 16, 1970; (b) For the planned and orderly re­ Colleton. Jasper. moval of surplus or harmful populations 8:48 a.m.] of fish and wildlife except where emer­ Pursuant to the authority set forth above, emergency loans will not be made [Docket No. FDC-D-176; NADA No. 12-055V] gency situations requiring immediate ac­ in the above-named counties after June tion make such consultation and compli­ 30, 1971, except to applicants who previ­ DIAMOND LABORATORIES, INC. ance with State permit requirements in­ ously received emergency or special live­ feasible; stock loan assistance and can qualify Iron-Dextrin Complex; Notice of With­ (c) In the disposition of fish and wild­ under established policies and pro­ drawal of Approval of New Animal cedures. life taken under (a) or (b) as provided Drug Application above. Done at Washington, D.C., this 11th A notice of opportunity for a hearing 4. Exempted from this regulation are day of September 1970. on the withdrawal of approval of the new the following: C l if f o r d M . H a r d in , animal drug application for Iron-Dextrin Complex was published in the F ederal (a) The control and regulation by the Secretary of Agriculture. R egister of June 30,1970. (35 F.R . 10608). United States, in the area in which an [F.R. Doc. 70-12350; Filed, Sept. 16, 1970; 8:46 a.m.] Diamond Laboratories, Inc., Post Of­ international convention or treaty ap­ fice Box 863, Des Moines, Iowa 50404, plies, of the taking of those species and holder of new animal drug application families of fish and wildlife expressly No. 12-055V, covering said drug, did not named or otherwise covered under any file a written appearance of election re­ DEPARTMENT DF HEALTH, garding whether they wished to avail international treaty or convention to themselves of the opportunity for a hear­ which the United States is a party; EDUCATION, AND WELFARE ing within the 30-day period provided for (b) Any species of fish and wildlife Food and Drug Administration in the notice. This is construed as an control over which has been ceded or election by the firm not to avail them­ [Docket No. FDC-D-171; NADA No. 12-400V, granted to the United States by any selves of the opportunity for a hearing. 12-401V] Based on the grounds set forth in and State; ABBOTT LABORATORIES the response to the notice, the Commis­ (c) Areas over which the States have sioner of Food and Drugs concludes that ceded exclusive jurisdiction to the United Dioleen Suspension and Dioleen approval of new animal drug applica­ States. Cream; Notice of Withdrawal of tion No. 12-055V should be withdrawn. 5. Nothing contained herein shall be Approval of New Animal Drug Therefore, pursuant to provisions of the construed as permitting public hunting, Applications Federal Food, Drug, and Cosmetic Act (sec. 512(e), 82 Stat. 345-47; 21 U.S.C. fishing, or trapping on National Parks, A notice of opportunity for a hearing 360b(e)) and under authority delegated Monuments, or Historic areas of the Na­ on the matter of withdrawing approval to the Commissioner (21 CFR 2.120), ap­ tional Parks System, except where Con­ of the new animal drug applications for proval of new animal drug application gress or the Secretary of the Interior has Dioleen Suspension and Dioleen Cream No. 12-055V, including all amendments otherwise declared that hunting, fishing, was published in the F ederal R egister of and supplements thereto, is hereby with­ June 16, 1970 (35 F.R. 9867). or trapping is permissible^ drawn effective on the date of signature of this document. 6. The Federal agencies and States will Abbott Laboratories, North Chicago, HI. 60064, holder of new animal drug Dated: September 4, 1970. enter into written cooperative agree­ application No. 12-400V for Dioleen Sus­ ments containing the plans, terms, and pension and new animal drug application S a m D. F in e , conditions of each party in carrying out No. 12-401V for Dioleen Cream did not Associate Commissioner for Compliance. the intent of this regulation when such file a written appearance of election re­ agreements are desired by the States. garding whether they wished to avail [F.R. Doc. 70-12367; Filed, Sept. 16, 1970; themselves of the opportunity for a hear­ 8:48 a.m.] Such agreements will be reviewed period­ ing withjn the 30-day period provided ically by both parties and, when appro­ for in said notice, nor did any other in­ [DESI 2811; Docket No. FDC-D-230; priate, adjusted to reflect changed con­ terested person. This is construed as an NDA 2-811, etc.] ditions. election by Abbott Laboratories and any other possibly interested person not to CHORIONIC GONADOTROPIN Dated: September 10,1970. avail themselves of the opportunity for Drugs for Human Use; Drug Efficacy W alter J. ‘H ic k e l , a hearing. Secretary of the Interior. Based on the grounds set forth in said Study Implementation [F.R. Doc. 70-12340; Filed, Sept. 16, 1970; notice and the response to said notice, The Food and Drug Administration 8:45 a.m.] the Commissioner of Food and Drugs has evaluated a report received from the

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14575

National Academy of Sciences-National any such data must be previously unsub­ enced in paragraph D for the period Research Council, Drug Efficacy Study mitted, well-organized, and include data stated.) Group, on the following drug: from adequate and well-controlled clin­ b. The manufacturer, packer, or dis­ Riogon, chorionic gonadotropin, 10,000 ical investigations (identified for ready tributor of such drug submits, within 180 LIT, per cc. vial; marketed by Tilden- review) as described in § 130.12(a) (5) of days from the date of this publication, a Yates Laboratories, Inc., 328 Shrewsbury the regulations published as a final order new-drug application to the Food and Street, Worcester, Mass. 01604 (NDA in the. F ederal R e g ister of May 8, 1970 Drug Administration. 2-811). (35 F.R. 7250). Carefully conducted and c. The applicant submits within a rea­ The drug is regarded as a new drug (21 documented clinical studies obtained sonable time, additional information that U.S.C. 321 (p )). Supplemental new-drug under uncontrolled or partially con­ may be required for the approval of the applications are required to revise the trolled situations are not acceptable as a application as specified in a written labeling in and to update previously ap­ sole basis for the approval of claims of communication from the Food and Drug proved applications providing for such effectiveness, but such studies may be Administration. drug. A new-drug application is required considered on their merits for corrobo­ rative support of efficacy and evidence of d. The application has not been ruled from any person marketing such drug incomplete or unapprovable. safety. without approval. G. Opportunity for a hearing. 1. The The Pood and Drug Administration is E. Previously approved applications. 1. prepared to approve new-drug applica­ Each holder of a “ deemed approved” Commissioner. of Food and Drugs pro­ poses to issue an order under section 505 tions and supplements to previously ap­ new-drug application (i.e., an applica­ (e) of the Federal Food, Drug, and Cos­ proved new-drug applications under con­ tion which became effective on the basis ditions described in this announcement. of safety prior to October 10, 1962) for metic Act withdrawing approval of the A. Effectiveness classification. The such drug is requested to seek approval of new-drug applications and all amend­ ments and supplements thereto provid­ Pood and Drug Administration has con­ the claims of effectiveness and bring the ing for the indications for which sub­ sidered the Academy report, as well as application into conformance by submit­ stantial evidence of effectiveness is lack­ other available evidence, and concludes ting supplements containing: ing as described in paragraph A3 of this that the drug is: a. Revised labeling as needed to con­ announcement. An order withdrawing 1. Effective in the treatment of cryp­ form with the labeling conditions de­ approval of the applications will not is­ torchidism not due to anatomical ob­ scribed herein for the drug and complete struction, and in selected cases of male current container labeling, unless re­ sue if such applications are supple­ hypogonadism secondary to pituitary cently submitted. mented in accord with this notice, to failure. b. Updating information as needed to. delete such indications. Promulgation of 2. Possibly effective in the treatment of make the application current. the proposed order would cause any drug sterility due to defective luteal function. 2. Such supplements should be sub­ for human use containing the same com­ 3. Lacks substantial evidence of effec­ mitted within the following time periods ponents and offered for the indications for which substantial evidence of effec­ tiveness in the treatment of adiposogeni­ after the date of publication of this an­ tal dystrophy, menstrual disorders (func­ nouncement in the F ederal R e g is t e r : tiveness is lacking, to be a new drug for tion uterine bleeding, menorrhagia) due a. 60 days for revised labeling—the which an approved new-drug applica­ to defective luteal function, female hypo­ supplement should be submitted under tion is not in effect. Any such drug then genitalism, and disturbances of early the provisions of § 130.9 (d) and (e) of on the market would be subject to regu­ pregnancy (threatened and habitual the new-drug regulations (21 CFR 130.9) latory proceedings. abortion). which permit certain changes to be put 2. In accordance with provisions of B. Form, of drug. Preparations of into effect at the earliest possible time. section 505 of the Act (21 U.S.C. 355) and chorionic gonadotropin are in sterile b. 60 days for updating information. the regulations promulgated thereunder lyophilized form suitable for parenteral 3. Marketing of the drug may con­ (21 CFR Part 130), the Commissioner administration after reconstitution. tinue until the supplemental applications will give the holders of any such applica­ ? c - Labeling conditions. 1. The label submitted in accord with the preceding tions, and any interested person who bears the statement “Caution: Federal subparagraphs 1 and 2 are acted upon: would be adversely affected by such an law prohibits dispensing without pre­ Provided, That within 60 days after the order, an opportunity for a hearing to scription.” date of this publication the labeling of show why such indications should not be 2* The drug is labeled to comply with this preparation shipped within the deleted from labeling. A request for a all requirements of the Act and regula- jurisdiction of the Act is in accord with hearing must be filed within 30 days after tions. its labeling bears adequate infor­ the labeling conditions described in this the date of publication of this notice in mation for safe and effective use of the announcement. (It may continue to in­ the F ederal R e g ist e r . A request for a drug and is in accord with the guidelines clude the indication referenced in para­ hearing may not rest upon mere allega­ for uniform labeling published in the graph D for the period stated.) tions or denials, but must set forth spe­ federal R egister of February 6, 1970. F. New applications. 1. Any other per­ cific facts showing that a genuine and The “Indications” section is as follows: son who distributes or intends to dis­ substantial issue of fact requires a hear­ tribute such drug which is intended for ing, together with a well-organized and I ndications the conditions of use for which it has full-factual analysis of the clinical and Cryptorchidism not due to anatomical ob­ been shown to be effective, as described other investigational data the objector is struction. under paragraph A1 above, should sub­ prepared to prove in a hearing. Any data ^Selected cases of male hypogonadism sec­ mit a new-drug application containing ondary to p itu ita ry fa ilu re . submitted in response to this notice must full information required by the new- be previously unsubmitted and include D. Indications permitted during ex- drug application form FD-356H (21 CFR data from adequate and well-controlled period for obtaining substantial 130.4(c)). Such applications should in­ clinical investigations (identified for taence. Those indications for which the clude proposed labeling which is in ac­ ready review) as described in § 130.12(a) ~;Ug m described in paragraph A2 above cord with the labeling conditions de­ (5) of the regulations published in the la h ^ 1^ efifective (not included in the scribed herein. F ederal R egister of May 8, 1970 (35 F.R. ermt-111® concHtions in paragraph C) may 2. Distribution of any such prepara­ 7250). Carefully conducted and docu­ inw tuUe be used for 6 months follow- tion currently on the market without an mented clinical studies obtained under e c*a*'e °* this publication to allow approved new-drug application may be uncontrolled or partially controlled situ­ S n f 1 time within which holders of continued provided that: ations are not acceptable as a sole basis viously approved applications or per- a. Within 60 days from the date of for approval of claims of effectiveness, the drug without ap­ publication of this announcement in the but such studies may be considered on pend « obtain and submit to the F ederal R eg ister , the labeling of such their merits for corroborative support of prnvid^n

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14576 NOTICES

named, and he shall issue a written no­ Post Office Box 618, Indianapolis, Ind. a. Benzyl Benzoate or Benzyl Benzoate tice of the time and place at which the 46206 (NDA 6-087). vaith Benzocaine and Chlorophenothane. hearing will commence. 2. Zylate Solution, containing benzyl I ndications H. Unapproved use or form of drug.benzoate, marketed by The Upjohn Co., For infestations with Phthirus pubis (crab I f the article is marketed in another form 7171 Portage Road, Kalamazoo, Mich. louse), Sarcoptes scabiei (scabies), and or is labeled or advertised for use in any 49002 (NDA 4-203). Pediculus capitis (head louse).. conditions other than those provided for 3a. Eurax Lotion, containing crotami­ b. Crotamiton. in this announcement, it may be re­ ton (NDA 9-112), and I ndications garded as an unapproved new drug sub­ b. Eurax Cream, containing crotami- ject to regulatory proceedings until such ton (NDA 6-927), both marketed by For the. eradication of scabies (Sarcoptes form or use is approved in a new-drug Geigy Chemical Corp., Saw Mill River scabiei) and for symptomatic treatment of application or is otherwise in accord with Road, Ardsley, N.Y. 10502. pruritic skin. this announcement. 4a. Kwell Shampoo, containing gamma c. Gamrha Benzene Hexachloride Shampoo. A copy of the NAS-NRC report has benzene hexachloride (NDA 10-718), I ndications been furnished to the firm referred to and For the treatment of pediculosis such as: above. Any other interested person may b. Kwell Cream, containing gamma Pediculosis capitis (head louse) and pedic­ obtain a copy by request to the appro­ benzene hexachloride (NDA 6-309), both ulosis pubis (crab louse). The drug may priate office named below. marketed by Reed and Camrick, 30 also be effective for the treatment of Communications forwarded in re­ Roright Avenue, Kenilworth, N.J. 07033. Sarcoptes scabiei infestations (scabies). sponse to this announcement should be The drugs are regarded as new drugs d. Gamma Benzene Hexachloride Cream. identified with the reference number (21 UjS.C. 321(p)). Supplemental new- I ndications DESI 2811, directed to the attention of drug applications are required to revise For the treatment of pediculosis, such as: the appropriate office listed below, and the labeling in and to update previously Pediculosis capitis (head louse) and pedic­ addressed (unless otherwise specified) to approved applications providing for such ulosis pubis (crab louse) ..It is also effective the Food and Drug Administration, 5600 drugs. A new-drug application is required in the treatment of scabies (Sarcoptes Fishers Lane, Rockville, Md. 20852: from any person marketing such drugs scabiei) . Supplements (Identify with NDA number): without approval. D. Claims permitted during extended Office of Marketed Drugs (BD-200), Bu­ The Food and Drug Administration period for obtaining substantial evidence. reau of Drugs. is prepared to approve new-drug appli­ 1. The claim described in paragraph Original new-drug applications: Office of cations and supplements to previ­ A3b above as probably effective is in­ New Drugs (BD-100),' Bureau of Drugs. ously approved new-drug applications cluded in the labeling conditions in para­ Request for Hearing (Identify with Docket under conditions described in this graph C2c and may continue to be used num ber) Hearing Clerk, Office of General announcement. for 12 months following the date of Counsel (G S -1 ), Room 6-62, Parklawn. A. The All other communications regarding this Effectiveness classification. this publication to allow additional time announcement: Special Assistant for Drug Food and Drug Administration has con­ within which holders of previously ap­ Efficacy Study Implementation (BD-201), sidered the Academy reports for these proved applications or persons market­ Bureau of Drugs. topical preparations, as well as other ing the drug without approval may ob­ Requests for NAS-NRC report: Press Rela­ available evidence, and concludes that: tain and submit to the Food and Drug tions Staff (CE-200), Pood and Drug Ad­ 1. Benzyl benzoate and benzyl ben­ Administration, data to provide substan­ ministration, 200 C -Street SW., Washing­ zoate with benzocaine and chloropheno- tial evidence of effectiveness. ton, D.C. 20204. thane are effective for the treatment of 2. The claims described in paragraph This notice is issued pursuant to pro­ infestations of Pediculus capitis, Pedi- A4b above as possibly effective (not in­ visions of the Federal Food, Drug, and culus publis, or Sarcoptes scabiei. cluded in the labeling conditions in para­ Cosmetic Act (secs. 502, 505, 52 Stat. 2a. Crotamiton is effective for the graph C2d) may continue to be used for 1050-53, as amended; 21 U.S.C. 352, 355) eradication of Sarcoptes scabiei and for 6 months following the date of this and under authority delegated to the symptomatic treatment of pruritic skin. publication to allow additional time Commissioner of Food and Drugs (21 b. This drug lacks substantial evidence within which the holders of previously CFR 2.120). of effectiveness as an adjuvant bacterio­ approved applications or persons mar­ static agent. keting the drug without approval may Dated: August 25,1970. 3a. Gamma benzene hexachloride obtain and submit to the Food and Drug S a m D . F i n e , shampoo is effective for the treatment Administration, data to provide substan­ Associate Commissioner of Pediculus capitis and Pediculus pubis tial evidence of effectiveness. To be ac­ for Compliance. infestations. ceptable for consideration in support of [P.R. Doc. 70-12370; Piled, Sept. 16, 1970; b. This drug is probably effective for the effectiveness of a drug, any such data 8:48 a.m.] the treatment of Sarcoptes scabiei in­ must be previously unsubmitted, well- festations (scabies). organized, and include data from ade­ 4a. Gamma Benzene hexachloride quate and well-controlled clinical [DESI 4203; Docket No. FDC-D-231; NDA cream is effective for the treatment of investigations (identified for ready 4-203, etc.] Pediculus capitis, Pediculus pubis, and review) as described in section 130.12(a) BENZYL BENZOATE; BENZYL BEN­ Sarcoptes scabiei infestations. (5) of the regulations published as a ZOATE, BENZOCAINE, AND b. This drug is possibly effective for final order in the Federal R egister of its. claimed indications: Treatment of May 8, 1970 (35 F JR. 7250). Carefully CHLOROPHENOTHANE; CROTAMI- chiggers and all forms of pediculosis. conducted and documented clinical TON; AND GAM M A BENZENE B. Form of drug. These drug prepara­ studies obtained under uncontrolled or HEXACHLORIDE— TOPICAL PREP­ tions are in cream, lotion, or liquid form partially controlled situations are not ARATIONS suitable for topical administration. acceptable as a sole basis for the approval C. Labeling conditions. 1. The label of claims of effectiveness, but such Drugs for Human Use; Drug Efficacy bears the statement “ Caution: Fed­ studies may be considered on their merits Study Implementation eral law prohibits dispensing without for corroborative support of efficacy and prescription.” The Food and Drug Administration has evidence of safety. 2. The drugs are labeled to comply E. Marketing status. Marketing of the evaluated reports received from the Na­ drugs for human use may continue tional Academy of Sciences-National with all requirements of the Act and regulations. Their labeling bears ade­ under the conditions described in para­ Research Council, Drug Efficacy Study graphs F and G of this announcement Group, on the following scabicide and quate information for safe and effective except that those claims referenced m pediculocide drugs for topical use: use of the drugs and is in accord with the guidelines for uniform labeling pub­ paragraph D may continue to be used as 1. Topocide Liquid, containing benzyl lished in the F ederal R eg ister of Feb­ described therein. benzoate, benzocaine, and chloropheno- ruary 6, 1970. The “Indications” sections F. Previously approved applicationw. thane, marketed by Eli Lilly and Co., of the labeling are as follows: L Each holder of a “ deemed approved

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTIGES 14577 new-drug application (i.e., an applica­ ten communication from the Food and J. Unapproved use or form of drug. tion which became effective on the basis Drug Administration. 1. I f the article is labeled or advertised of safety prior to Oct. 10, 1962) for such d. The application has not been ruled for human use in any condition other drug is requested to seek approval of the incomplete or unapprovable. than those provided fo r . in this an­ claims of effectiveness and bring the ap­ H. Exemption from periodic reporting. nouncement, it may be regarded as an plication into conformance by submitting The periodic reporting requirements of unapproved new drug subject to regula­ supplements containing: §§ 130.35(e) and 130.13(b)(4) are waived tory proceedings until such recommend­ a. Revised labeling as needed to con­ in regard to applications approved for ed use is approved in a new-drug appli­ form to the labeling conditions described these drugs solely for the conditions of cation, or is otherwise in accord with herein for the drug and complete cur­ use for which the drugs are regarded as this announcement. rent container labeling, unless recently effective as described herein. 2. I f the article is proposed for mar­ submitted. I. Opportunity for a hearing. 1. The keting in another form or for a use other b. Updating information as needed to Commissioner of Food and Drugs pro­ than the use provided for in this an­ make the application current in regard poses to issue an order under section nouncement, appropriate additional in­ to items 6 (components), 7 (composi­ 505(e) of the Federal Food, Drug, and formation as described in § 130.4 or tion), and 8 (methods, facilities, and Cosmetic Act withdrawing approval of § 130.9 (21 CFR 130.4, 130.9) maybe re­ controls) of the new-drug application all new-drug applications and all amend­ quired, including results of animal and form FD-356H to the extent described ments and supplements thereto provid­ clinical tests intended to show whether for abbreviated new-drug applications, ing for the indications for which sub­ the drug is safe and effective. § 130.4(f), . published in the F ederal stantial evidence of effectiveness is lack­ A copy of the NAS-NRC report has Register April 24, 1970 (35 F.R. 6574). ing as described in paragraph A2b of been furnished to each firm referred to (One supplement may contain all the in­ this announcement. An order withdraw­ above. Any other interested person may formation described in this paragraph.) ing approval of the applications will not obtain a copy by request to the appropri­ 2. Such supplements should be submit­ issue if such applications are supple­ ate office named below. ted within the following time periods mented, in accord with this notice, to Communications forwarded in re­ after the date of publication of this delete such indications. Promulgation of sponse to this announcement should be notice in the F ederal R e g is t e r : the proposed order would cause any drug identified with- the reference number a. 60 days for revised labeling— the for human use containing the same com­ DESI 4203, directed to the attention of supplement should "be submitted under ponents and offered for the indications the following appropriate office, and ad­ the provisions of § 130.9 (d) and (e) of for which substantial evidence of effec­ dressed (unless otherwise specified) to the new-drug regulations (21 CFR 130.9) tiveness is lacking to be a new drug for the Food and Drug Administration, 5600 which permit certain changes to be put which an approved new-drug application Fishers Lane, Rockville, Md. 20852: into effect at the earliest possible time. is not in effect. Any such drug then on b. 60 days for updating information. Supplements (identify with NDA number): the market would be subject to regulatory 3. Marketing of the drug may con­ Office of Marketed Drugs (BD-200), B u ­ tinue until the supplemental applications proceedings. reau of Drugs. 2. In accordance with provisions ofOriginal abbreviated new-drug applications submitted in accord with the preceding (identify as s u c h ): Office of Marketed subparagraphs 1 and 2 are acted upon, section 505 of the Act (21 U.S.C. 355) and Drugs (BD-200), Bureau of Drugs. provided that within 60 days after the the regulations promulgated thereunder Request for Hearing (identify with Docket date of this publication, the labeling of (21 CFR Part 130), the Commissioner n u m b er): Hearing Clerk, Office of General the preparation shipped within the juris­ will give the holders of any such appli­ Counsel (G C -1 ), Room 6-62, Parklawn. diction of the Act is in accord with the cations, and any interested person who All other communications regarding this an­ labeling conditions described in this would be adversely affected by such an nouncement: Special Assistant for Drug Efficacy Study Implementation (BD-201), announcement. order, an opportunity for a hearing to show why such indications should not be Bureau of Drugs. G. New applications. 1. Any other per­ Requests for NAS-NRC report: Press Rela­ son who distributes or intends to dis­ deleted from the labeling. A request for tions Staff (CE-200), Pood and Drug Ad­ tribute such drug which is intended for a hearing must be filed within 30 days ministration, 200 C Street SW., Washing­ the conditions of use for which it has after the date of publication of this ton, D.C. 20204. notice in thè F ederal R eg ist e r . A request been shown to be effective, as described This notice is issued pursuant to pro­ under A above, should submit an ab­ for a hearing may not rest upon mere allegations or denials, but must set forth visions of the Federal Food, Drug, and breviated new-drug application meeting Cosmetic Act (secs. 502, 505, 52 Stat. the conditions specified in the § 130.4(f) specific facts showing that a genuine and substantial issue of fact requires a 1050-53, as amended; 21 U.S.C. 352, 355) (1) and (2), published in the F ederal and under authority delegated to the Register April 24, 1070 (35 F.R. 6574). hearing, together with a well-organized and full-factual analysis of the clinical Commissioner of Food and Drugs (21 Such applications should include pro­ CFR 2.120). posed labeling which is in accord with and other investigational data the objec­ the labeling conditions described herein. tor is prepared to prove in a hearing. Dated: August 26, 1970. 2. Distribution of any such prepara­ Any data submitted in response to S a m D . F i n e , tion currently on the market without an this notice must be previously unsiib- mitted and include data from adequate*' Associate Commissioner approved new-drug application may be for Compliance. continued provided that: and well-controlled clinical investiga­ a. Within 60 days from the date of tions (identified for ready review) as [F.R. Doc. 70-12371; Piled, Sept. 16, 1970; Publication of this announcement in the described in § 130.12(a) (5) of the regula­ 8:48 a.m.] Federal R egister, the labeling of such tions published in the F ederal R egister Preparation shipped within the juris- of May 8, 1970 (35 F.R. 7250). Carefully [DESI 6762] i kTv11 Ac^ is ln accord with the conducted and documented clinical stud­ labeling conditions described herein. (It ies obtained under uncontrolled or par­ CERTAIN TOPICAL PREPARATIONS ®ay continue to include the indications tially controlled situations are not ac­ FOR OPHTHALM IC, OTIC, OR eierenced in paragraph D for the pe­ ceptable as a sole basis for approval of NASAL USE riod stated.) claims of effectiveness, but such studies . J?- manufacturer, packer, or dis- may be considered on their merits for Drugs for -Human Use; Drug Efficacy fin Ator of suclx drug submits, within corroborative support of efficacy and evi­ Study Implementation tin« ays *rom the date of this publica- dence of safety. I f a hearing is requested new-drug application to the Food and justified by the response to this The Food and Drug- Administration and Drug Administration. notice, the issues will be defined, a hear­ has evaluated reports received from the applicant submits, within a ing examiner will be named, and he shall National Academy of Sciences-National tw °nat)*e time, additional information issue a written notice of the time and Research Council, Drug Efficacy Study of tKmay *?e required for the approval place at which the hearing will com­ Group, on the following drugs for topical me application as specified in a writ- mence. use in the eye, ear, or nose:

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14578 NOTICES

1. Metre ton Ophthalmic Suspension scribed in § 130.12(a) (5) of the regula­ National Academy of Sciences-National containing prednisolone acetate and tions published as a ffinal order in the Research Council, Drug Efficacy Study chlorpheniramine gluconate, marketed F ederal R e g ister of May 8 , 1970 (35 F.R. Group, on the following antineoplastic by Schering Corp., 60 Orange Street,. 7250). Carefully conducted and docu­ drugs: Bloomfield, N.«J. (NDA 10-695). mented clinical studies obtained under 1. Chlorambucil, marketed as. Leu- 2. Metreton Nasal Spray, containing uncontrolled or partially controlled situ­ keran Tablets by Burroughs Wellcome prednisolone acetate and chlorphenira­ ations are not acceptable as a sole Co., Inc., 1 Scarsdale Road, Tuckahoe, mine gluconate, marketed by Schering basis for the approval of claims of ef­ N.Y. 10707 (NDA 10-669).^ Corp. (NDA 10-500). fectiveness, but such studies may be 2. Triethylene melamine tablets, mar­ 3. Prednefrin 0.12 Percent Ophthal­ considered on their merits for corrobora­ keted by Lederle Laboratories Division, mic Suspension containing prednisolone tive support of efficacy and evidence of American Cyanamid Co., Post Office acetate, phenylephrine hydrochloride, safety. Box 500, Pearl River, N.Y. 10965 (NDA and antipyrine, marketed by Allergan 2. At the end of the 6-month period, 8-461). Pharmaceuticals, 1000 South Grand any such data will be evaluated to deter­ 3. Uracil Mustard Capsules, marketed Avenue, Santa Ana, Calif. 92705 (NDA mine whether there is substantial evi­ by The Upjohn Co., 7171 Portage Road, 10- 696). dence of the effectiveness of the drug Kalamazoo, Mich. 49001 (NDA 12-892). 4. Prednefrin Forte 1 Percent Oph­ for such uses. After that evaluation, the 4. Dromostanolone propionate, mar­ thalmic Suspension containing predniso­ conclusions concerning the drugs will be keted as Drolhan Ampoules, by Eli Lilly lone acetate, phenylephrine hydrochlo­ published m the F ederal R eg iste r . I f no and Co., Post Office Box 618, Indian­ ride, and antipyrine, marketed by studies have been undertaken or if the apolis, Ind. 46206 (NDA 12-936). Allergan Pharmaceuticals (NDA 12-107). studies do not provide substantial evi­ The drugs are regarded as new drugs 5. Prednefrin-S 0.2 Percent Ophthal­ dence of effectiveness, procedures will be (21 U.S.C. 321 (p )). Supplemental new- mic Solution containing prednisolone initiated to withdraw approval of the drug applications are required to revise and phenylephrine hydrochloride, mar­ new-drug applications for these drugs the labeling in and to update previously keted by Allergan Pharmaceuticals pursuant to section 505(e) of the Fed­ approved applications providing for such (NDA 11-693). eral Food, Drug, and Cosmetic Act (21 drugs. A new-drug application is required 6. Op-Predrin Ophthalmic Solution U.S.C. 355(e) ). Withdrawal of approval from any person marketing such drugs containing prednisolone and phenyle­ of the applications will cause any such without approval. phrine hydrochloride, marketed by drug on the market to be a new drug The Food and Drug Administration is Broemmel Pharmaceuticals, 1235 Sutter for which an approval is not in effect. prepared to approve new-drug applies-* Street, San Francisco, Calif. 94109 (NDA The above named holders of the new- tions and supplements to previously ap­ 11- 530). drug applications for these drugs have proved new-drug applications under 7. Corticloron Sterile Suspension con­ been mailed a copy of the NAS-NRC re­ conditions described in this announce­ taining eortisone acetate and chlor­ port. Any interested person may obtain ment. pheniramine maleate, marketed by a copy of these reports by writing to the L Chlorambucil—A. Effectiveness clas­ Schering Corp. (NDA 8-894). office named below. sification. The Food and Drug Adminis­ 8. Op-Hydrin Ophthalmic Suspension Communications forwarded in re­ tration has considered the report of the containing hydrocortisone acetate and sponse to this announcement should be Academy, as well as other available evi­ phenylephrine hydrochloride, marketed identified with the reference number dence, and concludes that chlorambucil by Broemmel Pharmaceuticals (NDA DESI 6762, directed to the attention of is effective fo r the indications described 10-231). the appropriate office listed below, and in the labeling conditions which follow. 9. Propion Ophthalmic Solution con­ addressed (unless otherwise specified) to B. Form of drug. Chlorambucil prep­ taining sodium propionate, marketed by the Food and Drug Administration, 5600 arations are in a form suitable for oral Wyeth Laboratories, Inc., Post Office Box Fishers Lane, Rockville, Md. 20852: -, administration. 8299, Philadelphia, Pa. (NDA 6-762). C. Labeling conditions. 1. The label 10. Otodyne Otic Solution containing Supplements (identify with NDA number) : Office of Marketed Drugs (BD-200), B u­ bears the statement “Caution: Federal zolamine hydrochloride and euprocin reau of Drugs. law prohibits dispensing without hydrochloride, marketed by White Lab­ Original new-drug applications: Office of prescription.” oratories, Inc., Kenilworth, N.J. 07033 New Drugs (BD-100), Bureau of Drugs. (NDA 7-696>. All other communications regarding this 2. The drug is labeled to comply with These drugs are regarded as new announcement: Special Assistant for Drug all requirements of the Act and regula­ drugs. The effectiveness classification Efficacy Study Implementation (BD-201), tions. Its labeling bears adequate infor­ and marketing status are described Bureau of Drugs. mation for safe and effective use of the Requests for NAS-NRC Reports: Press Rela­ below. drug and is in accord with the guidelines tions Staff (CE—200), Pood and Drug Ad­ for uniform labeling published in the A. Effectiveness classification. The ministration, 200 C Street SW., Washing­ F ederal R e g ister of February 6> Food and Drug Administration has con­ ton, D.C. 20204. sidered the Academy reports, as well as 1970. The sections in the labeling for other available evidence, and concludes This notice is issued pursuant to pro­ Indications and Warnings are as follows: visions of the Federal Food, Drug, and that these drugs are possibly effective I ndications for their labeled indications for use in Cosmetic Act (secs. 502, 505, 52 Stat. (1) Chronic lymphocytic leukemia: Chlor­ the eye, ear, or nose. 1050-53, as amended; 21 U.S.C. 352, 355) ambucil is usually effective in the palliative and under authority delegated to the B. Marketing status. 1. The holders of treatment of symptomatic chronic lympho­ Commissioner of Food and Drugs (21 cytic leukemia. previously approved new-drug applica­ CFR 2.120). (2) Lymphomas: Chlorambucil is effective tions for any drug described in this an­ for the palliative treatment of lymphomas of nouncement and any person marketing Dated: August 21, 1970. the follicular or lymphocytic type and for such drug without approval will be al­ S a m D . F i n e , some forms of Hodgkin’s disease. It may also lowed 6 months from the date of publi­ Associate be effective in the palliative treatment of Commissioner patients with reticulum cell sarcoma and cation of this announcement in the F ed­ for Compliance. eral R eg ister to obtain and submit in a lymphoblastic lymphoma. [P.R. Doc. 70-12372; Piled, Sept. 16’ 1970; supplemental or original new-drug ap­ W arnings 8:48 a.m.] plication data to provide substantial evi­ Chlorambucil is a potent drug. Complete dence of effectiveness for those indica­ [DESI 8461; Docket No. FDC-D-200; NDA 8- blood counts should be taken once or twice tions for which the drug is regarded as 461, etc.] weekly. Treatment should be discontinued or possibly effective. To be acceptable for dosage reduced upon evidence of abnormal consideration in support of the effective­ CERTAIN ANTINEOPLASTIC AGENTS depression of the bone marrow. ness of a drug, any such data must be Usage in Pregnancy: Alkylating agents ar Drugs for Human Use; Drug Efficacy known to produce fetal malformations i previously unsubmitted, well-organized, Study Implementation certain experimental animals when give and include data from adequate and in sufficient dosage. Petal death, congenital well-controlled clinical investigations The Food and Drug Administration malformations, intrauterine growth retarda­ (identified for ready review) as de­ has evaluated reports received from the tion, and bone marrow depression have bee

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14579

reported In liuman beings. Chlorambucil 1. Uracil mustard is effective for the 2. The drug is labeled to comply with should not be used during pregnancy unless indications described in the labeling con­ all requirements of the Act and regu­ in the opinion of the physician the potential ditions which follow. lations. Its labeling bears adequate in­ benefits outweigh the possible hazards. 2. Uracil mustard lacks substantial formation for safe and effective use of D. Marketing status. Marketing of theevidence of effectiveness for use in the the drug and is in accord with the guide­ drug may continue under the conditions treatment of thrombocytosis. lines for uniform labeling published in described in paragraphs V and V I of this B. Form of drug. Uracil mustard the F ederal R egister of February 6,1970. announcement. preparations are in a form suitable for The sections of the labeling for Indica­ II. Triethylene melamine—A. Effec­oral administration. tions and Contraindications are as tiveness classification. The Food and Ç. Labeling conditions. 1. The label follows: Drug Administration has considered the bears the statement “ Caution: Federal I ndications report of the Academy, as well as other law prohibits dispensing without pre­ Dromostanolone propionate is recommend­ available evidence, and concludes that: scription.” ed for use only in the palliative treatment of 2. The drug is labeled to comply with advanced or metastatic carcinoma of the 1. Triethylene melamine is effective breast in women who are inoperahle and are for the indications described in the label­ all requirements of the Act and regula­ 1 to 5 years postmenopausal at the time ing conditions which follow. tions. Its labeling bears adequate infor­ of diagnosis. mation for safe and effective use of the 2. Triethylene melamine lacks sub­ drug and is in accord with the guidelines Contraindications stantial evidence of effectiveness for use for uniform labeling published in the Androgens are contraindicated in carcino­ in mycosis fungoides, polycythemia vera, ma of the male breast and in premenopausal F ederal R egister of February 6, 1970. and carcinoma of the lung. The sections in the labeling for Indica­ women. B. Form of drug. Triethylene mela­ tions and Warnings are as follows: D. Marketing status. Marketing of the mine preparations are in a form suitable I ndications drug may continue under the condi­ for oral administration. tions described in items V and V I of this C. Labeling conditions. 1. The label Chronic lymphocytic leukemia: Uracil announcement. bears the statement “Caution: Federal mustard is usually effective in the palliative treatment of symptomatic chronic lympho­ V. Previously approved application. law p roh ib its dispensing without cytic leukemia. A. Each holder of a “ deemed approved” prescription.” Lymphomas and mycosis fungoides: Ura­ new-drug application (i.e., an applica­ 2. The drug is labeled to comply with cil mustard is effective for palliative treat­ tion which became effective on the basis all requirements of the Act and regula­ ment of lymphomas of the follicular or of safety prior to Oct. 10, 1962) for such tions. Its labeling bears adequate infor­ lymphocytic type and for some forms of drug is requested to seek approval of the mation for safe and effective use of the Hodgkin’s disease. It may also be effective claims of effectiveness and bring the ap­ in the palliative treatment of patients with plication into conformance by submitting drug and is in accord with the guidelines reticulum cell sarcoma, lymphoblastic lym­ for uniform labeling published in the phoma, and mycosis fungoides. supplements containing : Federal R egister of February 6, 1970. Chronic myelogenous leukemia: Uracil 1. Revised labeling as needed to con­ The sections in the labeling for Indica­ mustard may be effective in the palliative form with the labeling conditions des­ tions and Warnings are as follows: treatment of patients with chronic myelo­ cribed herein for the drug, and complete, genous leukemia. It is not effective in the current container labeling unless re­ I ndications acute blastic crisis or in patients with acute cently submitted. - (1) Chronic lymphocytic leukemia and leukemia. 2. Adequate data to assure the bio­ lymphomas: Triethylene melamine may be Other conditions: Uracil mustard may be logic availability of the drug in the for­ effective for the palliative treatment of effective in the palliative treatment of early mulation which is marketed; if such symptomatic patients with chronic lympho­ stages of polycythemia vera before the de­ cytic leukemia and lymphomas, particularly velopment of leukemia or myelofibrosis. It data are already included in the appli­ Hodgkin’s disease and lymphosarcoma. may also be beneficial in the adjunctive cation, specific reference thereto may be (2) Chronic myelogenous leukemia (pal­ treatment of patients with carcinoma of made. liative treatment). the ovary or carcinoma of the lung. 3. Updating information as needed to make the application current. Warnings W arnings B. Such supplements should be sub­ Usage in pregnancy : Alkylating agents are Usage in pregnancy: Drugs of the nitrogen mitted within the following time periods known to produce fetal malformations In mustard group have been shown to produce after the date of publication of this certain experimental animals when given in fetal abnormalities in experimental animals sufficient dosage. Petal death, congenital mal­ when given during pregnancy. Uracil mus­ announcement in the F ederal R egister : formations, intrauterine growth retardation, tard should not be used during pregnancy 1. 60 days for revised labeling—the and bone marrow depression have been re­ unless in the opinion of the physician the supplement should be submitted under ported in human beings. Triethylene mela- potential benefits outweigh the possible the provisions of § 130.9 (d) and (e) of ffiine should not be used during pregnancy hazards. the new-drug regulations (21 CFR 130.9) Unless in the opinion of the physician the Uracil mustard has a cumulative toxic ef­ which permit certain changes to be put potential benefits outweigh the possible fect against the hematopoietic system. Blood hazards. into effect at the earliest possible time. counts including platelet counts should be 2. 180 days for biologic availability . TfietHylene melamine is a potent drug with done once or twice weekly. high cumulative toxicity against the hem­ data. atopoietic system. D. Marketing status. Marketing of the 3. 60 days for updating information. In cases of preexisting hepatic, renal, or drug may continue under the conditions C. Marketing of the drug may con­ r®® marrow damage, therapy with other described in paragraphs V and V I of tinue until the supplemental applications dedications should be considered first. If this announcement. submitted in accord with the preceding nethylene melamine must be used under IV. Dromostanolone propionate—A. subparagraphs A and B are acted upon, mese circumstances, dosage should be de- Effectiveness classification. The Food provided that within 60 days after the eased and therapy should be accompanied y nepatic and renal function tests. and Drug Administration has considered date of this publication, the labeling of the preparation shipped within the juris­ cnii+aplete blood counts including platelet the report of the Academy, as well as nnts should be done once or twice weekly. other available evidence, and concludes diction of the Act is in accord with the that dromostanolone propionate is ef- labeling conditions described herein. D. Marketing status. Marketing of the rective for the indications described in VT. New Applications. A. Any other onig may continue under the conditions the labeling conditions which follow. person who distributes or intends to dis­ »*tCnbed in Paragraphs V and V I of this B. Form of drug. Dromostanolone pro­ announcement. tribute such drug which is intended for pionate preparations are in a form suit­ the conditions of use for which it has pinl*:sFrac^ mus:taTd—A. Effectiveness able for intramuscular administration. been shown to be effective, as described ossification. The Food and Drug Ad- C. Labeling conditions. 1. The label under I, II, in, and IV above, should of tvf A^on ^las considered thé report bears the statement “Caution: Federal submit a new-drug application contain­ ahio . pademy, as well as other avail- law prohibits dispensing without pre­ ing full information required by the evidence, and concludes that: scription.” new-drug application form FD-356H (21

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 No. i8i. ■7 14580 NOTICES

CFR 130.4(c)). Such applications should § 130.12(a) (5) of the regulations pub­ National Academy of Sciences-National include proposed labeling which is in ac­ lished in the F ederal R e g ister of May 8, Research Council, Drug Efficacy Study cord with the labeling conditions de­ 1970 (35 F.R. 7250). Carefully conducted Group, on the following drug: scribed herein and adequate data to and documented clinical studies obtained Roniacol with Aminophylline Tablets, assure the biologic availability of the under uncontrolled or partially con­ each tablet containing nicotinyl alcohol drug in the formulation which is mar­ trolled situations are not acceptable as and aminophylline; marketed by Roche keted or proposed for marketing. a sole basis for approval of claims of Laboratories, Division of Hoffmann-La B. Distribution of any such prepara­ effectiveness, but such studies may be Roche Inc., 340 Kingsland Street, Nutley, tion currently on the market without an considered on their merits for corrobora­ N.J. 07110 (NDA 8-928). approved new-drug application may be tive support of efficacy and evidence of The Food and Drug Administration has continued provided that: safety. I f a hearing is requested and considered the Academy report, as well 1. Within 60 days from the date of justified by the response to this notice, as other available evidence, and con­ publication of this announcement in the the issues will be defined, a hearing ex­ cludes there is a lack of substantial evi­ F ederal R e g ist e r , the labeling of such aminer will be named, and he shall issue dence, within the meaning of the Federal preparation shipped within the jurisdic­ a written notice of the time and place Food, Drug, and Cosmetic Act, that this at which the hearing will commence. tion of the Act is in accord with the fixed combination drug will have the ef­ V III. Unapproved use or form of drug. labeling conditions described herein. fect it purports or is represented to have 2. The manufacturer, packer, or dis­ If the article is marketed in another under the conditions of use prescribed, form or is labeled or advertised for use tributor of such drug submits, within 180 recommended, or suggested in the days from the date of this publication, a in any conditions other than those pro­ labeling. new-drug application to the Food and vided for in this announcement, it may Drug Administration. be regarded as an unapproved new drug Accordingly, the Commissioner of Food 3. The applicant submits additional subject to regulatory proceedings until and Drugs intends to initiate proceedings information that may be required for the such form or use is approved in a new- to withdraw approval of the above-listed approval of the application within a drug application, or is otherwise in ac­ new-drug application. reasonable time as specified in a written cord with this announcement. Prior to initiating such action, how­ communication from the Food and Drug A copy of the NAS-NRC report has ever, the Commissioner inyites the holder Administration. been furnished to each firm referred to of the new-drug application for this drug, 4. The application has not been ruled above. Any other interested person may and any interested person who might be incomplete or unapprovable. obtain a copy by request to the appro­ adversely affected by its removal from VII. Opportunity for a hearing. A. The priate office named below. the market, to submit pertinent data Commissioner of Food and Drugs pro­ Communications forwarded in re­ bearing on the proposal within 30 days poses to issue an order under section sponse to this announcement should be after publication hereof in the F ederal 505(e) of the Federal Food, Drug, and identified with the reference number R e g ister . T o be acceptable for consider­ Cosmetic Act withdrawing approval of DESI 8461, directed to the attention of ation in support of the effectiveness of a all new-drug applications and all amend­ the following appropriate office, and ad­ drug, any such data must be previously ments and supplements thereto provid­ dressed (unless otherwise specified) to unsubmitted, well-organized, and include ing for the indications for which the Food and Drug Administration, 5600 data from adequate and well-controlled substantial evidence of effectiveness is Fishers Lane, Rockville, Md. 20852: clinical investigations (identified for ready review) as described in § 130.12(a) lacking as described in paragraphs I I Supplements (Identify with NDA number): and H I of this announcement. An order Office of Marketed Drugs (J3D-200), B u ­ (5) of the regulations published as a final withdrawing approval of the applica­ reau of Drugs. order in the F ederal R e g ister of May 8, tions will not issue if such applications Original new-drug applications: Office of New 1970 (35 F.R. 7250). Carefully conducted are supplemented, in accord- with this Drugs (BD-100), Bureau of Drugs. and documented clinical studies obtained notice, to delete such indications. Pro­ Request for Hearing (Identify with Docket under uncontrolled or partially controlled number) Hearing Clerk, Office of General situations are not acceptable as a sole mulgation of the proposed order would Counsel (G C -1 ), Room 6-62, Parklawn cause any drug for human use containing basis for the approval of claims of effec­ Building. tiveness, but such studies may be con­ the same components, and offered for the All other communications regarding this an­ indications for which substantial evi­ nouncement: Special Assistant for Drug sidered on their merits for corroborative dence of effectiveness is lacking, to be Efficacy Study Implementation (BD-201), support of efficacy and evidence of safety. a new drug for which an approved new- Bureau of Drugs. This announcement of the proposed drug application is not in effect. Any Requests for NAS-NRC report: Press Rela­ action and implementation of the NAS- such drug then on the market would be tions Staff (CE-200), Food and Drug Ad­ NRC report for this drug is made to give ministration, 200 C Street SW., Washing­ notice to persons who might be adversely subject to regulatory proceedings. ton, D .C .20204. B. In accordance with provisions of affected by its withdrawal from the mar­ section 505 of the Act (21 U.S.C. 355) This notice is issued pursuant to provi­ ket. Promulgation of an order withdraw­ and the regulations promulgated there­ sions of the Federal Food, Drug, and Cos­ ing approval of the new-drug application under (21 CFR Part 130), the Commis­ metic Act (secs. 502, 505, 52 Stat. 1050- will cause any such drug on the market sioner will give the holders of any such 53, as amended; 21 U.S.C. 352, 355) and to be a new drug for which an approved applications, and any interested person under authority delegated to the Com­ new-drug application is not in effect and who would be adversely affected by such missioner of Food and Drugs (21 CFR will make it subject to regulatory action. an order, an opportunity for a hearing 2.120). The above-named holder of the new- to show why such indications should not Dated: August 25, 1970. drug application for this drug has been be deleted from labeling. A request for mailed a copy of the NAS-NRC report. a hearing must be filed within 30 -days S a m D. F i n e , Any interested person may obtain a copy after the date of publication of this Associate Commissioner of the report by writing to the office notice in the F ederal R eg iste r . A request for Compliance. named below. for a hearing may not rest upon mere [F.R. Doc. 70-12373; Filed, Sept. 16, 1970; Communications forwarded in re- allegations or denials but must set forth 8:48 a.m.] sponse to this announcement should be specific facts showing that a genuine and identified with the reference number substantial issue of fact requires a hear­ DESI 8928 and directed to the attention ing, together with a well-organized and (DESI 8928] full-factual analysis of the clinical and of the following office: , NICOTINYL ALCOHOL WITH Food and Drug Administration, Special As­ other investigational data the objector AMINOPHYLLINE FOR ORAL USE is prepared to prove in a hearing. Any sistant for Drug Efficacy Study Im plem en­ data submitted in response to this notice tation (BD-201), Bureau of Drugs, 560U Drugs for Human Use; Drug Efficacy Fishers Lane, Rockville, Md. 20852. must be previously unsubmitted and in­ Study Implementation Requests for NAS-NRC reports: Press Rela­ clude data from adequate and well- tions Staff (CE-200), Food and Drug Aa- controlled clinical investigations (identi­ The Food and Drug Administration ministration, 200 C Street SW., Washing­ fied for ready review) as described in has evaluated a report received from the ton, D.C. 20204.

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14581

This notice is issued pursuant to pro­ Lymphomas a new-drug application to the Food and visions of the Federal Food, Drug, and Generalized Hodgkin’s disease (Stages Drug Administration. Cosmetic Act (secs. 502, 505, 52 Stat. HI and IV, Peter’s Staging System). c. The applicant submits additional Lymphosarcoma. information that may be required for 1050-53, as amended; 21 UJS.C. 352, 355) Reticulum-cell Sarcoma. and under authority delegated to the Mycosis fungoides (advanced stages). the approval of the application within a Commissioner of Food and Drugs (21 Neuroblastoma. reasonable time as specified in a written CFR 2.120). Letterer-Siwe disease (Histocytosis X ) . communication from the Food and Drug II. Less frequently responsive malignan­ Administration. Dated: August 21, 1970. cies: d. The application has not been ruled S a m D . F i n e . Choriocarcinoma resistant to other chemo­ incomplete or unapprovable. Associate Commissioner therapeutic agents. F. Exemption from periodic reporting. Carcinoma of the breast, unresponsive to for Compliance. appropriate endocrine surgery and hor­ The periodic reporting requirements of [P.R. Doc. 70-12374; Filed, Sept. 16, 1970; monal therapy. §§ 130.35(e) and 130.13(b)(4) are waived 8:48 a.m.] Embryonal carcinoma of the testis. in regard to applications approved for this drug solely for the conditions of use D. Previously approved applications. for which the drug is regarded as IDESI 12665] 1. Each holder of a “ deemed approved” effective as described herein. .mew-drug application (i.e., an applica­ VINBLASTINE SULFATE G. Unapproved use or form of drug. tion which became effective on the basis I f the article is marketed in another form Drugs for Human Use; Drug Efficacy of safety prior to Oct. 10, 1962) for such or is labeled or advertised for use in any Study Implementation drug is requested to seek approval of condition other than those provided for the claims of effectiveness and bring the in this announcement, it may be re­ The Food and Drug Administration application into conformance by submit­ garded as an unapproved new drug sub­ has evaluated a report received from the ting supplements containing: ject to regulatory proceedings until such National Academy of Sciences-National a. Revised labeling as needed to con­ form or use is approved in a new-drug Research Council, Drug Efficacy Study form with the labeling conditions de­ application or is otherwise in accord with Group, on the following drug: scribed herein for the drug and complete this announcement. Velban, containing 10 mg. vinblastine current container labeling, unless re­ A copy of the NAS-NRC report has sulfate per ampul, marketed by Eli cently submitted. Lilly & Co., Box 618, Indianapolis, Ind. been furnished to the firm referred to b. Updating information as needed to above. Any other interested person may 46206 (NDA 12-665). make the application current. obtain a copy by request to the The drug is regarded as a new drug. 2. Such supplements should be sub­ appropriate office named below. Supplemental new-drug applications are mitted within the following time periods required to revise the labeling in and to Communications forwarded in re­ after the date of publication of this an­ sponse to this announcement should be update approved applications providing nouncement in the F ederal R e g is t e r : for such drug. A new-drug application is identified with the reference number a. 60 days for revised labeling—the DESI 12665, directed to the attention of required from any person marketing supplement should be submitted under such drug without approval. the following appropriate office, and (un­ the provisions of § 130.9 (d) and (e) of less otherwise specified) addressed to the The Food and Drug Administration is the new-drug regulations (21 CFR 130.9) prepared to approve new-drug applica­ Food and Drug Administration, 5600 which permit certain changes to be put Fishers Lane, Rockville, Md. 20852: tions and supplements to previously ap­ into effect at the earliest possible time. Supplements (identify with NDA number): proved new-drug applications under con­ b. 60 days for updating information. ditions described in this announcement. Office of Marketed Drugs (BD -200), B u ­ A. Effectiveness classification. The 3. Marketing of the drug may con­ reau of Drugs. tinue until the supplemental applica­ Original new-drug applications: Office of Food and Drug Administration has con­ tions submitted in accord with the pre­ New Drugs (BD-100), Bureau of Drugs. sidered the report of the Academy, as All other communications regarding thin well as other available evidence, and ceding subparagraphs 1 and 2 are acted upon, provided that within 60 days after announcement: Special Assistant for Drug concludes that vinblastine sulfate is ef­ Efficacy Study Implementation (BD-201), fective in certain malignant diseases the date of this publication, the labeling Bureau of Drugs. which are unsuitable for surgery or of this preparation shipped within the Requests for NAS-NRC Reports: Press Rela­ radiotherapy or which have failed to re­ jurisdiction of the Act is in accord with tions Office, Pood and Drug Administration the labeling conditions described in this (CE-200), 200 C Street SW., Washington, spond to or have become refractory to D.C. 20204. such measures. These are described in announcement. the labeling conditions in paragraph C. E. New applications. 1. Any other per­ This notice is issued pursuant to pro­ son who distributes or intends to distrib­ B. Form of drug. Vinblastine sulfate visions of the Federal Food, Drug, and ute such drug which is intended for the Preparations are in sterile, solid form Cosmetic Act (secs. 502, 505, 52 Stat. conditions of use for which it has been suitable for reconstitution and intrave­ 1050-53, as amended; 21 U.S.C. 352, 355) nous administration. shown to be effective, as described under and under authority delegated to the paragraph A above, should submit ~a C. Labeling conditions. 1. The label Commissioner of Food and Drugs (21 new-drug application containing full in­ CFR 2.120). bears the statement “Caution: Federal formation required by the new-drug ap­ law prohibits dispensing without pre- plication form FD-356H (21 CFR 130.4 Dated: August 25,1970. scription.” (c )). Such applications should include S a m D. F i n e , 2. The drug is labeled to comply with proposed labeling which is in accord with Associate Commissioner all requirements of the Act and regula­ the labeling conditions described herein. for Compliance. tions promulgated thereunder. Its label- 2. Distribution of any such prepara­ nig bears adequate information for safe [P.R. Doc. 70-12375; Piled, Sept. 16, 1970; tion currently on the market without an 8:48 a.m.] and effective use of the drug and is in approved new-drug application may be accord with the guidelines for uniform continued provided that: labeling published in the F ederal R e g is ­ Office of the Secretary a. Within 60 days from tfie date of ter February 6, 1970. The ^Indications” ASSISTANT SECRETARY FOR HEALTH section of the labeling is as follows: publication of this announcement in the F ederal R eg ister , the labeling of such I Labeling guidelines are available from AND SCIENTIFIC AFFAIRS preparations shipped within the juris­ the Administration upon request). diction of the Act is in accord with the Statement of Organization, Functions, I ndications labeling conditions described herein. and Delegations of Authority n y?n^lastlne sulfate is indicated in the pal- b. The manufacturer, packer, or dis­ Section 2-110.20K of the Statement of i Ie treatment of the following: tributor of such drug submits, within 180 Organization, Functions, and Delega­ i. Frequently responsive malignancies: days from the date of this publication, tions of Authority of the Department of

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14582 NOTICES

Health, Education, and Welfare is national Air Freight Forwarder Operating action should be approved under section amended to read as follows: Authorization No. 318, authorizing the inter­ 408(b) of the Act without a hearing. Accordingly, it is ordered, That: K. The Office of International Healthstate and international air freight forward­ ing of used household goods; DVS operates 1. The merger of Dean International, Inc., serves as the principal focal point in the warehouses and performs allied services in Dean Van and Storage, Inc., and Dean Van Department for policy guidance and pro­ connection with transportation performed Lines, Inc., be and it hereby is approved; and gram coordination relating to interna­ by DVL, and, to this extent, could be con­ 2. The approval granted herein shall ter­ tional health. It provides assistance and sidered a common carrier; and D I is a surface minate 6 months after final decision in the guidance to the international activities of forwarder of used household goods, unac­ Household Goods Air Freight Forwarder In­ the health agencies, prepares analyses companied baggage and used automobiles vestigation, Docket 20812, in the event ap­ and evaluations of selected international pursuant to section 402(b) (2) of the Inter­ proval of additional control relationships involving Dean Van Lines, Inc., at issue health policies and programs as a re­ state Commerce Act. By application filed May 13, 1970, DVL, therein is not granted. source for the Department and the De­ Persons entitled to petition the Board for partment of State, and maintains liaison DVS, and DI request approval pursuant to section 408 of the Act of the consolidation review of this order pursuant to the Board’s with international institutions and or­ and merger of corporate properties of the regulations, 14 CFR 385.50, may file such ganizations and other departments and three companies. petitions within 10 days after the date of service of this order. agencies on professional international The applicants state that for a number of health matters. This order shall be effective and become years the three companies have been oper­ the action of the Civil Aeronautics Board The Office arranges for technical sup­ ated as a single enterprise in an economic upon expiration of the above period unless port and other international health ex­ sense, and have engaged in intercompany within such period a petition for review pert assistance to the Department of transactions to the extent that their busi­ thereof is filed, or the Board gives notice State, Agency for International Devel­ ness, assets, liabilities, and economic and that it will review this order on its own credit affairs have been commingled and, in motion. opment and other Federal departments economic effect, have been pooled together; and agencies. and that financial reorganization and re­ [ seal] H arry J. Z i n k , Dated: September 11,1970. capitalization which applicant is currently Secretary. undergoing contemplates the merger of those [F.R. Doc. 70-12417; Filed, Sept. 16, 1970; E l l io t R ic h a r d s o n , L. companies, with DVL as the surviving cor­ 8:52 am .] Secretary. porate entity. [F.R. Doc. 70-12423; Filed, Sept. 16, 1970; No objection or request for a hearing have 8:52 a.m.] been filed. [Docket No. 22390; Order 70-9-55] Notice of intent to dispose of the applica­ PUERTO RICO INTERNATIONAL tion has been published in the F ederal R egister, and a copy of such notice has been AIRLINES, INC. furnished by the Board to the Attorney Gen­ CIVIL AERONAUTICS BOARD eral not later than 1 day following the date Order To Show Cause Regarding [Docket No. 22193] of such publication, both in accordance with Puerto Rico International Airlines, section 408 of the Act. Inc. DEAN VAN LINES, INC., ET AL. Upon consideration of the application, it is found that the merger of DI, DVS, and Issued under delegated authority Sep­ Notice of Proposed Approval DVL, with DVL as the surviving corporation tember 10,1970. entity, is subject to section 408 of the Act.1 Puerto Rico International Airlines, Inc. Application of Dean Van Lines, Inc., However, it is further concluded that such Dean Van and Storage, Inc., and Dean (Prinair), is an air taxi operator pro­ transaction does not affect the control of viding services pursuant to Part 298 of International, Ltd., for authority to an air carrier directly engaged in the opera­ merge certain corporate properties and tion of aircraft in air transportation, does the Board’s economic regulations. By for exemption from section 408 of the not result in the creation of a monopoly and petition filed July 23, 1970, Prinair re­ Federal Aviation Act of 1958, as amended, does not tend to restrain competition. quested the Board to establish final mail Docket 22193. Furthermore, no person disclosing a substan­ rates for the transportation of priority tial interest in the proceeding is currently and nonpriority mail by aircraft be­ Notice is hereby given, pursuant to the requesting a hearing, and it is concluded tween San Juan, P.R., on the one hand, statutory requirements of section 408(b) that the public interest does not require a and St. Thomas and St. Croix, V.I., on of the Federal Aviation Act of 1958, as hearing. Under all of the circumstances it is the other. amended, that the undersigned intends not found that the transaction will be in­ By Order 70-9-21, September 3, 1970, consistent with the public interest or that to issue the attached order under dele­ in this docket, the Board granted Prin­ gated authority. Interested persons are the conditions of section 408 will be unful­ filled. We note, however, that additional con­ air exemption authority to engage in the hereby afforded a period of 15 days from carriage of mail by aircraft in these the date of service within which to file trol relationships involving DVL are in issue in Docket 208122 and, therefore, will limit markets. comments or request a hearing with the approval herein to a period terminating respect to the action proposed in the No service mail rates are currently in 6 months after final decision in the House­ effect for this transportation by Prinair. order. hold Goods Air Freight Forwarder Investiga­ tion in the event that the additional control The petitioner requests that the multiele­ Dated at Washington, D.C., Sep­ relationships involving DVL are not approved ment service mail rates established for tember 11,1970. therein. priority mail by Order E-25610, Au­ [ seal] A. M. A ndrews, Pursuant to authority duly delegated by gust 28, 1967, in the Domestic Service Director, the Board in the Board’s regulations, 14 CFR Mail Case, and for nonpriority mail by Bureau of Operating Rights. Order 70-4-9, April 2, 1970, in Nonprior­ 385.13, it is found that the foregoing trans- ity Mail Rates1 be made applicable to Order A pproving M erger this carriage of mail. Application of Dean Van Lines, Inc., Dean 1 It appears that the merger of the three On August 3, 1970, the Postmaster Van and. Storage, Inc., Dean international, companies has already been accomplished. General filed a reply supporting the peti­ Ltd., for authority to merge certain corporate Nevertheless it has been decided not to en­ tion provided that Prinair will be subject properties and for exemption from section 408 force the doctrine expressed in Sherman Con­ to all of the provisions of Orders E-25610 of the Federal Aviation Act of 1958, as trol and Interlocking Relationships, 15 CAB amended, Docket 22193. 876 (1952), to consider the application on its and 70-4-9, as amended. We propose to By Order E-22370, dated June 28, 1965, the merits. establish service rates for the transporta­ Board approved pursuant to section 408 of 2 In a related application filed in Docket tion of mail by aircraft in these markets the Federal Aviation Act of 1958, as amended 22197, DVL, Madison Merchandise Corp. and (the Act), the common control by A. E. Dean Winthrop Lawrence Corp. have requested ap­ of Dean Export International, Inc., now proval of certain additional control relation­ 1 Present service rates provide for termina known as Dean International, Inc. (D I), and ships involving DVL. By Order 70-8-104, charges per.pound of 2.34 cents at both S Dean Van and Storage, Inc. (DVS) and, adopted Aug. 26, 1970, this application was Juan and St. Thomas and 4.68 cents at ■ through DVS, of Dean Van Lines, Inc. (D V L ). consolidated into the Household Goods Air Croix, plus line-haul charges per mail t DVL is the holder of Air Freight Forwarder Freight Forwarder Investigation, Docket mile of 24 cents for priority mail and u- Operating Authorization No. 226 and Inter­ 20812. cents for nonpriority mail.

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14583 by Prinair at the levels established in 1. Further procedures related to the at­ 1. The Commission has under consid­ Orders E-25610 and 70-4-9, as amended. tached order shall be in accordance with 14 eration the above-captioned and de­ CFR Part 302, and notice of any objection scribed applications which are mutually The Board finds it in the public in­ to the rate or to the other findings and con­ terest to fix and determine the fair and clusions proposed therein, shall be filed exclusive in that operation by the appli­ reasonable rates of compensation to be within 10 days, and if notice is filed, written cants as proposed would result in mutu­ paid to Prinair for the transportation of answer and supporting documents shall be ally destructive interference. mail by aircraft between San Juan, P.R., filed within 30 days after service of this 2. According to his application Ray­ and both St. Croix and St. Thomas, V.I. order; mond Kandel would require $101,434 to Upon consideration of the petition, the 2. If notice of objection is not filed within construct and operate his proposed sta­ answer of the Postmaster General, and 10 days after service of this order, or if tion for 1 year without reliance on rev­ notice is filed and answer is not filed within enues. To meet this requirement, appli­ other matters officially noticed, the 30 days after service of this order, all per­ Board proposes to issue an order8 to sons shall be deemed to have waived the cant relies on cash on hand and in banks include the following findings and con­ right to a hearing and all other procedural of $48,000 and a bank loan for $80,000. clusions: steps short of a final decision by the Board, Although the bank appears ready to loan 1. On and after September 3, 1970, the and the Board may enter an order incor­ this amount, its letter fails to set forth fair and reasonable final service mail porating the findings and conclusions pro­ the applicable terms and conditions. Ac­ rates to be paid to Puerto Rico Inter­ posed therein and fix and determine the final cordingly, a financial issue will be rate specified therein; . specified. national Airlines, Inc., pursuant to sec­ 3. If answer is filed presenting issues for tion 406 of the Act for the transportation hearing, the issues involved in determining 3. Data submitted by the applicants of mail by aircraft, the facilities used and the fair and reasonable final rate shall be indicate that there would be a significant useful therefor, and the services con­ limited to those specifically raised by the difference in the size of the areas'and nected therewith between San Juan, P.R., answer, except insofar as other issues are populations which would receive service on the one hand, and St. Croix, V.I., raised in accordance with Rule 307 of the from the proposals. Consequently, for the and St. Thomas, V.I., on the other, shall rules of practice (14 CFR 302.307). purposes of comparison, the areas and be: [F.R. Doc. 70-12420; Filed, Sept. 16, 1970; populations which would receive FM (a) For priority mail, the multiele­ 8:52 a.m.J service of 1 mv/m or greater intensity, ment rate established by the Board in together with the availability of other primary aural services in such areas will Order E-25610, August 28,1967; [Docket No. 22387] (b) For nonpriority mail, the multi­ be considered under the standard com­ element rate established by the Board RAILWAY EXPRESS AGENCY, INC. parative issue, for the purpose of deter­ in Order 70-4-9, April 2,1970. ET AL. mining whether a comparative prefer­ 2. The service mail rates here fixed ence should accrue to either of the and determined are to be paid entirely Notice of Prehearing Conference applicants. by the Postmaster General. 4. A full comparison of the program­ Railway Express Agency, Inc., and ing proposals is warranted when one ' Accordingly, pursuant to the Federal participating air carriers' proposed revi­ Aviation Act of 1958 and particularly applicant proposes predominantly spe­ sions in air express rates and charges. cialized programing and the other, gen­ sections 204(a) and 406 thereof, and Notice is hereby given that a prehear­ regulations promulgated in 14 CFR, Part eral market programing—Ward L. Jones, ing conference in the above-entitled mat­ FCC 67-82 (1967); Policy Statement on 302 and 14 CFR 385.16(f), ter is assigned to be held on October 5, It is ordered, That: Comparative Broadcast Hearings, 1 FCC 1970, at 10 a.m., e.d.s.t., in Room 911, 2d 393, footnote 9 at 397 (1965). In this 1. Puerto Rico International Airlines, Universal Building, 1825 Connecticut Inc., the Postmaster General, Caribbean- case Albert Crain proposes a large Avenue NW., Washington, D.C., before amount of religious programing and Atlantic Airlines, Inc., Eastern Air Lines, Examiner Milton H. Shapiro. Inc., Pan American World Airways, Lie., Raymond Kandel, general market pro­ Requests for information and evidence, graming. Therefore, the programing Trans Caribbean Airways, Inc., Air Indies proposed issues, and proposed procedural Corp., Airspur Caribbean, Inc., and all proposals of the applicants may be com­ dates should be filed with the Examiner, pared under the standard comparative interested persons are directed to show Bureau Counsel, and the parties listed in cause why the Board should not adopt issue. order 70-7-109, on or before Septem­ 5. Except as indicated by the issues the foregoing proposed findings and con­ ber 25, 1970. clusions and fix, determine, and publish specified below, the applicants are quali­ the final rates specified above, as the Dated at Washington, D.C., Septem­ fied to construct and operate as proposed. fair and reasonable rates of compensa­ ber 11, 1970. However, because the proposals are mu­ tion to be paid to Puerto Rico Inter­ tually exclusive, they must be designated [ s e a l ] T h o m a s L. W r e n n , for hearing in a consolidated proceeding national Airlines, Inc., for the trans­ Chief Examiner. portation of priority and nonpriority on the issues specified below. [F.R. Doc. 70-12416; Filed, Sept. 16, 1970; 6. It is ordered, That, pursuant to sec­ mail by aircraft, the facilities used and 8:52 a.m.] useful therefor, and the services con­ tion 369(e) of the Communications Act of 1934, as amended, the applications are nected therewith as specified above; designated for hearing in a consolidated 2. Further procedures herein shall be proceeding, at a time and place to be spe­ in accordance with 14 CFR Part 302, as FEDERAL COMMUNICATIONS cified in a subsequent order, upon the specified in the attached appendix; and following issues: 3. This order shall be served upon COMMISSION (1) To determine whether Raymond iaierto Rico International Airlines, Inc., Kandel has available from a bank loan 5J Postmaster General, Caribbean- [Dockets Nos. 18981, 18982; FCO 70-946] or otherwise the additional $53,434 re­ Atlantic Airlines, Inc., Eastern Air Lines, ALBERT L. CRAIN .AND quired for construction and first-year “ ic., Pan American World Airways, Inc., RAYMOND I. KANDEL operation of its proposed station with­ irans Caribbean Airways, Inc., Air In­ out reliance on revenues to thus demon­ dies Corp., and Airspur Caribbean, Inc. Order Designating Applications for strate his financial qualifications. w j^ 18 order will be published in the Consolidated Hearing on Stated (2) To determine which of the pro­ federal R egister. Issues posals would, on a comparative basis, better serve the public interest. ar r y i n k In regard applications of Albert L. *'SEal^ H J. Z , (3) To determine in the light of the Crain, Oxnard, Calif., Docket No. 18981, _____ Secretary. evidence adduced pursuant to the fore­ File No. BPH-6980, requests: 98.3 mcs., going issues, which of the applications action^8 order show cause is not a final No. 252 ; 3 kw.; —53 feet; and Raymond for construction permit should be revi« is not reg&rded as subject to the I. Kandel, Oxnard, Calif., Docket No. granted. Drovi^ provisions of 14 CFR Part 385. These 18982, File No. BPH-7109, requests: 98.3 takor» -k118 wil1 be applicable to final action 7. It is further ordered, That to avail in j staff under authority delegated mcs., No. 252; 3 kw.; 107 feet; for con­ themselves of the opportunity to be struction permits. heard, the applicants, pursuant to § 1.221

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14584 NOTICES

(c) of the Commission’s rules, in person 2. Indiana is currently authorized to should be dismissed without hearing, but or by attorney shall, within twenty (20) operate station W ISH -TV from a trans­ that if a waiver were to be granted, the days of the mailing of this order, file mitter site approximately 8 miles east of application must be designated for hear­ with the Commission in triplicate, a the center of Indianapolis, with effective ing on questions of UHF impact; wheth­ written appearance stating an intention radiated visual power of 316 kw. and an er service gains outweigh service losses; to appear on the date fixed for the hear­ antenna height above average terrain of and whether adequate efforts were ing and present evidence on the issues 990 feet. By its application, Indiana made to ascertain the programing needs specified in this order. Broadcasting seeks authority to change of the gain area. We find that Indiana’s 8. It is further ordered, That the ap­the site of its transmitter to a point public interest allegations are sufficient plicants herein shall, pursuant to sec­ approximately 15 miles northwest of its to warrant a hearing on its waiver tion 311(a)(2) of the Communications present location. No change in visual request. Act of 1934, as amended, and § 1.594 power or antenna height is requested, 5. Indiana’s amendment of October 17, of the Commission’s rules, give notice of but the proposed move would shift its 1968, contained an adequate showing as the hearing, either individually or, if Grade B contour some 12 miles to the to its ascertainment of community prob­ feasible and consistent with the rules, northwest and increase the amount of lems in the proposed gain area, but a jointly, within the time and in the man­ overlap between the Grade B contours of grant of its application would extend ner prescribed in such rule, and shall ad­ commonly owned stations W ISH -TV station W ISH -TV’s Grade B signal over vise the Commission of the publication and WANE-TV. By letter dated Janu­ Lafayette, Ind., for the first time and of such notice as required by § 1.594(g) ary 17, 1968, the Commission notified would affect the CATV priorities of sta­ of the rules. Indiana that it was considering its ap­ tion WFLI-TV, Lafayette. Additional plication to be a major change under VHF competition is also likely to affect Adopted: September 2, 1970. § 1.572(a)(1) of the Commission’s rules, station WSFD-TV, Marion, in its Released: September 9, 1970. and Indiana subsequently requested a struggle to resume operation and achieve waiver of § 73.636(a) (1) of the rules. We a viable economic position. Station F e d e r a l C ommunications find that RJN, Tarzian, and Geneco all W ISH -TV has a strong competitive po­ C o m m i s s i o n ,® have standing as “ parties in interest” sition in the Indianapolis market a n d its [ s e a l ] B e n F . W a p l e , under section 309(d) of the Communi­ proposal would result in the further en­ Secretary. cations Act of 1934, as amended, because croachment of its signal into the serv­ [F .R . Doc. 70-12385; F ile d , Sept. 16, 1970; a grant of Indiana’s application could ice areas of five UHF stations located to 8:49 a.m .] cause them economic injury by diverting the north of Indianapolis. The disad­ advertising revenues from their stations. vantages of increased VHF competition FCC v. Sanders Brothers Radio Station, in this all UHF area has previously been [D o c k et N o. 18983; FC C 70-947] 309 U.S. 470, 9 RR 2008 (1940). recognized by the Commission in Sarkes- INDIANA BROADCASTING CORP. 3. Indiana’s proposal would increase Tarzian, Inc., 10 R R 2d 573 (1967), the Grade B overlap of stations W ISH - where Indiana itself argued the cause of Memorandum Opinion and Order TV and W ANE-TV from 4,756 persons the UHF stations. This time, Indiana Designating Application for Hear­ in an area of 83 square miles to 8,860 per­ argues that because its proposed move ing on Stated Issues sons in an area of 161 square miles, and will decrease its Grade B overlap with Indiana has requested a waiver of eight UHF facilities and only increase its In regard application of Indiana § 73.636(a) (1) of the Commission’s rules overlap with six, there would be a net Broadcasting Corp. (W IS H -TV ), Indi­ on the following grounds: The increase decrease in UHF impact.4 However, the anapolis, Ind., Docket No. 18983, File No. in Grade B overlap is de minimis; if the number of stations experiencing overlap BPCT-4067, for construction permit and contour prediction method proposed in does not necessarily determine the ques­ waiver of § 73.636(a) (1) of the Com­ Docket No. 16004 were to be adopted, tion of UHF impact. Additional factors mission’s rules. there would be no overlap; dismantling must be examined as well, and in this 1. The Commission has before it for its present antenna would promote the case, only five of the eight stations ex­ consideration: (a) the above-captioned public interest by allowing the Indian­ periencing a reduction in overlap are application of Indiana Broadcasting apolis Airport Authority to construct a operating stations, and only one of these Corp. (Indiana), licensee of television second airport; the proposal would group is in the State of Indiana. Station broadcast stations W ISH -TV (CBS), all'three operating Indianapolis televi­ W ISH -TV began operation in 1954, and channel 8, Indianapolis, and W ANE-TV sion stations in an informal antenna all of the stations which would benefit (CBS), channel 15, Fort Wayne, filed farm,, thus promoting air safety and from Indiana’s proposal were built sub­ January 2,1968, as amended; (b) a Peti­ simplifying home antenna orientation; it sequent to 1954 and, presumably, in con­ tion to Dismiss or Deny, filed Febru­ would contribute to the development of a templation of a certain amount of new educational television broadcast ary 19, 1968, by RJN Broadcasting, Inc. competition from W ISH -TV and other station on channel *20, Indianapolis;* (RJN), licensee of television broadcast VHF stations in Cincinnati, Dayton, and station W LFI-T V (CBS), channel 18, and, it would provide 26,000 people with Lafayette, Ind.; (c) a Petition to Dismiss their first Grade B CBS network signal. elsewhere. On the other hand, the area or Deny, filed February 19, 1968, by 4. The function of a waiver of the to the north of Indianapolis is an all Sarkes-Tarzian, Inc. (Tarzian), licensee Commission’s rules is to justify an ad hoc UHF area, where increased and unex­ of television broadcast station W TTV, exception on the ground that an appli­ pected competition from a major VHF channel 4, Bloomington, Ind.; (d) an cation of the rules would work against Opposition to Relocation of WISH-TV the public interest in a specific case and transmitter site, filed February 5, 1969, not to change the validity of the general * Reduced overlay, (a ) Operating stations- WLBC, Channel 49, Muncie, Ind.; WKETj standard. Oregon Radio, Inc., 14 RR by Geneco Broadcasting Inc., former Channel 22, Dayton, Ohio; W KTR-TV, Cna _ licensee of television broadcast station 742, 748 (1956). Petitioners allege that n e l 16, D ayton , O h io; W L K Y - T V , Channel W TAF-TV, channel 31, Marion, Ind.1; Indiana has not demonstrated the ex- Louisville, Ky.; and W XIX-TV, Channel ■ < and (e) related pleadings.2 istance of any significant public need N ew p o rt, K y . (b ) A u th o rized stations- which would warrant a waiver of WACH-TV, Channel 43, Richmond, ma-j § 73.636(a) (1), and that its application WEZI, Channel 21, Louisville, Ky.; an 8 C om m ission er H . R e x L ee absent. WDRB-TV, Channel 41, Louisville, Ky. 1 Subsequently, Geneco has assigned its Increased overlap : (a) Operating d! license to R. David Boyer, Trustee in Bank­ Jan. 15, 1969; an ad d en d u m to p e titio n b y WFLI-TV, Channel 18, Lafayette, ruptcy, and station WTAF-TV has gone T a rzia n , file d Jan. 15, 1969; a sta te m e n t o f W A N E -T V , C h an n el 15, F o rt W ayne, » a , silent and been assigned new call letters Indiana Broadcasting Corp., filed Feb. 14, WPTA, Channel 21, Fort Wayne, «» •; (WSFD-TV). 1969; and a reply to statement of Indiana WKJG-TV, Channel 33, Fort Wayne, m - 2 An Opposition to petition to dismiss or B road ca stin g Corp., file d Feb. 28, 1969. and WIOD, Channel 15, Champaign, 1U- den y, file d A p r. 19, 1968, b y In d ia n a ; a jo in t 3 Indiana has offered the use of its pro­Authorized stations: WSFD-TV, Channe rep ly to op p osition , file d J u ly 3, 1968, b y posed antenna tower to station W FYI, chan­ Marion, is in bankruptcy and has Tarzian and RJN; comments of RJN filed nel *20, Indianapolis. granted authority to remain silent.

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14585 station could easily disrupt the com­ We also note that M ITA, Inc., permittee Broadcasting, Inc., and Sarkes-Tarzian, petitive balance.* There being substan­ of educational broadcast station W FYI, Inc., and Geneco Broadcasting Co., are tial and material questions of fact Channel *20, Indianapolis is now au­ denied to the extent indicated above, concerning the effect of Indiana’s pro­ thorized to utilize an auxiliary antenna and in all other respects are granted. posal on UHF broadcasting, an UHF im­ structure belonging to commercial sta­ 12. ' It is further ordered, That RJN pact issue will be specified, and because tion WFBM-TV, Channel 6, Indianapolis, Broadcasting, Inc., and Sarkes-Tarzian, a waiver of the duopoly rules is involved, so that the future of educational televi­ Inc., are made parties to this proceeding. both the burden of proceeding with the sion in that city is no way dependent 13. Jf is further ordered, That, with introduction of evidence and the burden upon a grant of Indiana’s application. respect to issues (a ), (b ), and (c) above, of proof in respect to the UHF impact 8. The contour prediction standards the burden of proceeding with the intro­ issue will be on the applicant.8 proposed in Docket No. 16004 are not yet duction of the evidence and the burden 6. Indiana’s proposal would increase rules of the Commission, but in our Sec­ of proof shall be on Indiana Broadcast­ the population that resides within the ond Report and Order in Docket No. ing Corp. predicted Grade B contour of station 14711, 3 R R 2d 1584, 1588 (1964), we 14. It is further ordered, That to avail WISH-TV, but would decrease the area stated that: themselves of the opportunity to be encompassed by that contour,7 and the * * * we adhere to our original decision to heard, the applicant and the petitioners gains and losses of population involved use Figure 9 in calculating UHF Grade B con­ herein, pursuant to § 1.221(c) of the here raise a question as to whether the tours for the purposes of the overlap rules Commission’s rules, in person or by at­ persons residing in the primary loss area, pending the adoption of new curves * * * torney, shall within twenty (20) days of to the southeast of Indianapolis, would However, as a matter of policy, in the mean­ the mailing of this order, file with the receive adequate television stations if sta­ time individual cases in which the applicant Commission, in triplicate, a written can show that it is in the public interest to appearance stating an intention to tion WISH-TV were allowed to withdraw use different criteria will be dealt with on its signal. Indiana’s primary public inter­ an ad hoc basis. appear on the date fixed for the hearing est argument in support of its application and present evidence on the issues speci­ is the fact that it would provide some In this instance, Indiana has made no fied in this order. 26,000 people in the vicinity of Peru, Ind. separate showing as to why it is in the 15. ft is further ordered, That the ap­ (*70 miles to the northwest of Indianap­ public interest to use special contour plicant herein shall, pursuant to section olis) with their first predicted Grade prediction methods, but presumably its 311(a) (2) of the Communications Act of B CBS network signal. However, 3,000 justification for invoking Docket No. 1934, as amended, and § 1.594 of the people living near Redkey, Ind. (70 miles 16004 is based on the same considera­ Commission's rules, give notice of the to the northeast of "Indianapolis) would tions as its request for a waiver of hearing, within the time and in the man­ lose their only predicted Grade B CBS § 73.636(a) (1). This is not a case where ner prescribed in such rule, and shall network signal. Accordingly, an issue will waiver is obviously appropriate, and the advise the Commission of the publica­ be specified to determine whether pro­ matter cannot be decided solely on the tion of such notice as required by posed service gains outweigh proposed basis of Docket No. 16004, but instead § 1.594(g) of the rules. requires a hearing to carefully balance service losses and whether the Peru area Adopted: September 2, 1970. could better obtain CBS programing the alleged benefits to the public against from an UHF station in Lafayette or the possibility of adverse impact on UHF Released: September 9, 1970. broadcasting and loss of service to per­ Marion than from W ISH -TV in light of F ederal C ommunications the Commission’s policies of fostering sons residing to the southeast of Indianapolis. C o m m is s io n ,8 UHF broadcasting and discouraging re­ [ s e a l ] B e n F . W a p l e , 9. Except as indicated by the issues set gional concentrations of control. Secretary. 7. Indiana’s intention to establish an forth below, the applicant is legally, technically and othérwise qualified to [FJt. Doc. 70-12386; Filed, Sept. 16, 1970; informal antenna farm may prove to be 8:49 a.m.] a benefit to air navigation and safety and construct as proposed. the Commission has recognized that 10. Accordingly, it is ordered, That simplification. of receiving antenna pursuant to section 309(e) of the Com­ STANDARD BROADCAST APPLICA­ munications Act of 1934, as amended, orientation can be a public interest TION READY AND AVAILABLE FOR factor. Notice of Proposed Rulemaking in the above-captioned application is desig­ Docket No. 16030, FCC 65-458, 30 F.R. nated for hearing at a time and place PROCESSING 7446. These public interest considerations to be specified in a subsequent order, Notice is hereby given, pursuant to will be examined in hearing, but we note upon the following issues: § 1.571(c) of the Commission’s rules, that that the Marion County Supervisors have (a ) To determine whether a grant of on October 20, 1970, the following stand­ Purchased land and begun to develop a the application would impair the ability ard broadcast application will be con­ second airport for the city of Indianap­ of authorized and prospective UHF tele­ sidered as ready and available for olis at a site near Mount Comfort, Ind., vision broadcast stations in the area im­ processing: ui northwest Hancock County. This site mediately to the north of Indianapolis to compete effectively, or would jeopardize, BP-18670 KEYS, Corpus Christi, Tex. is some distance from station W ISH -TV’s Radio Corpus Christi, Inc. present antenna tower so that the need in whole or in part, the continuation of Has: 1440 kc., 500 w., 1 kw.-LS, to remove the tower in order to facilitate existing UHF service. D A -N, U. the development of a second city airport (b) To determine the extent to which Req: 1440 kc., 1 kw., D A -N , U. ls no longer an issue in this proceeding. the proposed operation would result in gains and losses in area and population Pursuant to § 1.227(b)(1), § 1.591(b), and whether the proposed gains out­ and note 2 to § 1.571 of the Commission’s The only television channels assigned to weigh the potential losses of television rules,1 an application, in order to be con­ Anderson and Kokomo, Ind., are UHF service. sidered with the above application must channels which are currently vacant. Com- be in direct conflict with said application, ercial Channel 55, Fort Wayne is also (c) To determine the extent, if any, vacant. that the applicant’s proposal to estab­ substantially complete, and tendered for filing at the offices of the Commission by WLVA, Inc., 17 FCC 2d 896 (1969); Daily lish án informal antenna farm to the i^graph Printing Company (WBTW-TV), northwest of Indianapolis would advance the close of business on October 19,1970. 20 FCC 2d 976 (1969). the public interest. The attention of any party in interest On the basis of the 1960 Census, Indiana’s (d) To determine, in light of the evi­ desiring to file pleadings concerning the off ??Sa* involves a gain of 174,441 persons dence adduced pursuant to the foregoing application pursuant to section 309(d) set by a loss of 145,395 persons for a net issues, whether a waiver of § 73.636(a) oo£~ation gain of 29,046 persons. The pro- (1) and grant of the application would woivm ?ain of 1*546 square miles in area 8 Commissioner H. Rex Lee absent. m ib” iail offset the loss of 1,649 square serve the public interest, convenience 1 See report and order released July 18, llff 80 ^at there would be a net loss of and necessity. 1968, FCC 68-739, Interim Criteria to Gov­ nrt)?ClUare “ Hes within station W IS H -T V ’s 11. l t is further ordered, That the peti­ ern Acceptance of Standard Broadcast Appli­ Predicted Grade B contour. tions to dismiss or deny filed by RJN cations, 33 F.R. 10343, 13 RR 2d 1667.

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14586 NOTICES

(1) of the Communications Act of 1934, York. Sailings from Philadelphia are cifically New York, Philadelphia, and as amended, is directed to § 1.580 (i) of even less frequent. Baltimore) to ports in Southwest, South, the Commission’s rules for provisions Because of the infrequent sailings and Southeast, and East Africa and to ports governing the time of filing and other the fact that not all of the vessels call at in the islands of Madagascar, Reunion, requirements relating to such pleadings. all ports in the Persian Gulf ; the length Mauritius, the Comores, and Seychelles of the voyage from the U.S. east coast and in the islands of Ascension and St. Adopted: September 10, 1970. to the Persian Gulf; and the limited Helena. The scheduling of sailings shall Released: September 11, 1970. number of lines serving that trade; the cover the period from September 25, 8900 Lines believe that they fulfill all of 1970, to and including September 29, F ederal Communications the requirements laid down by the Com­ Comm ission, 1971, and shall be planned for successive mission in Docket 68-9, Free Time and 12-month periods subsequent to Septem­ B en F. W aple, Secretary. Demurrage Charges on Export Cargo, ber 29, 1971. In the event a party is un­ and therefore should be granted an ex­ able to sail a vessel on any dates that [F.R. Doc. 70-12384; Filed, Sept. 16, 1970; ception to the normal 10 days free time it has been scheduled for, it shall give 8:49 a.m.] on export cargo. notice to the other parties and any such Dated: September 14, 1970. other party or parties shall be free to advertise and/or sail a vessel on such By order of the Federal Maritime dates. FEDERAL MARITIME COMMISSION Commission. Dated: September 14,1970. F rancis C. H u rney, 8900 LINES Secretary. By order of the Federal Maritime Notice of Petition for Amendment [F.R. Doc. 70-12392; Filed, Sept. 16, 1970; Commission. 8:50 a.m.] F rancis C. H urney, Notice is hereby given that the follow­ Secretary. ing petition has been filed with the Com­ [F.R. Doc. 70-12391; Filed, Sept. 16, 1970; mission for approval. FARRELL LINES, INC., ET AL. 8:50 a.m.] Interested parties may inspect and ob­ tain a copy of the petition at the Wash­ Notice of Agreement Filed ington office of the Federal Maritime Notice is hereby given that the follow­ [Docket No. 70-35] Commission, 1405 I Street NW., Room ing agreement has been filed with the 1202; or may inspect the petition at the PORT OF SEATTLE, WASH., AND Commission for approval pursuant to PACIFIC MOLASSES CO. field offices located at New York, N.Y., section 15 of the Shipping Act, 1916, as New Orleans, La., and San Francisco, amended (39 Stat. 733, 75 Stat. 763, 46 Order of Investigation and Hearing Calif. Comments on such petition, inr U.S.C. 814). eluding requests for hearing, may be sub­ Interested parties may inspect and ob­ On May 29, 1970, the Port of Seattle, mitted to the .Secretary, Federal Mari­ tain a copy of the agreement at the Wash. (Port), and the Pacific Molasses time Commission, Washington, D.C. Washington office of the Federal Mari­ Co. filed Agreement No. T-2423 for ap­ 20573, within 20 days after publication time Commission, 1405 I Street NW., proval pursuant to section 15 of the of this notice in the F ederal R egister. Room 1202; or may inspect the agree­ Shipping Act, 1916 (46 U.S.C. 814). The Any person desiring a hearing on the ment at the field offices located at New agreement provides for the lease of a proposed petition shall provide a clear York, N.Y., New Orleans, La., and San bulk tank farm and use of certain ter­ and concise statement of the matters Francisco, Calif. Comments on such minal facilities for loading, unloading, upon which they desire to adduce evi­ agreements, including requests for hear­ handling and storage of bulk liquids. dence. An allegation of discrimination ing, may be submitted to the Secretary, The Commission has received a protest or unfairness shall be accompanied by Federal Maritime Commission, Wash­ against approval of Agreement No. T- a statement describing the discrimina­ ington, D.C. 20573, within 10 days after 2423 from-Fore Terminal, Inc. (Fore), tion or unfairness with particularity. I f publication of this notice in the F ederal urging that the agreement should not be a violation of the Act is alleged, the R egister. Any person desiring a hear­ approved because (1) it is detrimental statement shall set forth with particu­ ing on the proposed agreement shall pro­ to the commerce of the United States larity the acts and circumstances said vide a clear and concise statement of the and contrary to the public interest and to constitute such violation. matters upon which they desire to ad­ (2) the rental is not compensatory and A copy of any such statement should duce evidence. An allegation of dis­ will enable Pacific Molasses to control, also be forwarded to the party filing crimination or unfairness shall be ac­ regulate, prevent or destroy competition, the petition (as indicated hereinafter) companied by a statement describing the in violation of section 15 of the Shipping and the statement should indicate that discrimination or unfairness with par­ Act, 1916. this has been done. ticularity. If a violation of the Act or The Port urges that (1) the agreement Notice of petition filed for approval by : detriment to the commerce of the United is not between two “other persons” sub­ ject to the Shipping Act and therefore Mr. Stanley O. Sher, Counsel for Agreement States is alleged, the statement shall set forth with particularity the acts and cir­ does not require section 15 approval; and No. 8900, 919 18th Street NW., Washington, (2) the agreement is reasonable in view D .C .20006. cumstances said to constitute such viola­ tion or detriment to commerce. of the economic condition of the Port The member lines of Federal Maritime A copy of any such statement should and the condition of the leased premises. Commission Agreement No. 8900 (8900 also be forwarded to the party filing the The Commission has considered Pore s Lines) have petitioned the Commission agreement (as indicated hereinafter) protest and the comments of the PorJ to amend §541.1(a) 2 of its General and the statement should indicate that and is of the opinion the agreement Order 26 by adding cargoes moving in this has been done. should be made the subject of a formai the trade served by the 8900 Lines (i.e., Notice of agreement filed by: investigation to determine (1) whether the Persian Gulf trade) to the category the agreement is subject to section 15. permitted 15 days free time on export Seymour H. Kligler, Esquire, Herman Gold­ Shipping Act, 1916, and (2) if s0- cargo at the ports of New York and man, Attorneys and Counselors at Law, 120 whether the rental under the agreement Philadelphia. Broadway, New York, N.Y. 10005. is noncompensatory resulting in preju­ The 8900 Lines have six active mem­ Agreement No. 9896, among Farrell dice to other ports or terminals or m bers serving the trade: Barber Lines Lines, Inc., Moore-McCormack Lines, activities which control, regulate, pre­ A/S, Concordia Line, Hansa Line, Hel­ Inc., South African Marine Corp., Ltd., vent, or destroy competition, or whic lenic Lines, Koninklijke Nedlloyd, n.v., Springbok Lines, Ltd., and Springbok are otherwise in violation of the Act. and States Marine Lines. Four of the Shipping Co., Ltd., provides for the estab­ Now therefore, it is ordered, That the members offer sailings about every 3 lishment of a sailing arrangement cover­ Commission, on its own motion, ente weeks from New York, while two member ing the scheduling of sailings by the par­ upon an investigation and hearing P“*' lines offer monthly sailings from New ties from U.S. Atlantic coast ports (spe­ suant to section 22 of the Shipping a c ,

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14587

1916, to determine whether (1) Agree­ Rocky Mountain during the period from ment No. T-2423 is subject to section 15 October 1, 1970, through March 31, 1971. FEDERAL RESERVE SYSTEM of said Act and (2) if so, whether it Cascade will make deliveries to Rocky GIRARD TRUST BANK should be approved, modified, or disap­ Mountain for applicant’s account from proved, pursuant thereto; the Divide Creek Field in Mesa County, Order Approving Assumption of It is further ordered, That in the event Colo. These deliveries will be deducted Bank Liabilities any modification of this agreement is from Cascade’s sale to Mountain Fuel filed with the Commission, such agree­ near Bonanza, Utah. Applicant will de­ In the matter of the application of ment shall be made subject to this in­ liver equal volumes, on a daily basis, to Girard Trust Bank for approval of as­ vestigation for approval, disapproval, or Mountain Fuel in Sweetwater County, sumption of liabilities of City Bank of modification under the standards of sec­ Wyo. for Cascade’s account. Philadelphia. tion 15 of the Shipping Act, 1916. Applicant states that starting Octo­ There has come before the Board of It is further ordered, That the Port of ber 1, 1970, Rocky Mountain faces a Governors, pursuant to the Bank Merger Seattle and Pacific Molasses Co. • are critical shortage of gas and Rocky Act (12 U.S.C. 1828(c)), an application hereby made respondents in this pro­ Mountain will not be able to meet its by Girard Trust Bank, Philadelphia, Pa. ceeding; and Pore Terminal Inc., is firm requirements in the 1970-71 heat­ (Girard Trust), a member State bank of hereby designated as petitioner; ing season with only its existing gas the Federal Reserve System, for the It is further ordered, That the pro­ supply. Board’s prior approval of that bank’s ceeding herein ordered be assigned for Applicant’s deliveries to Mountain acquisition of assets and assumption of hearing before an examiner of the Com­ Fuel will be made through an existing deposit liabilities of City Bank of Phila­ mission’s Office of Hearing Examiners at interconnection and no new facilities will delphia, Philadelphia, Pa. (City Bank), a date and place to be hereafter deter­ be required. which is under the receivership of the mined and announced by the Chief Applicant will: realize 25.5 cents per Secretary of Banking of the State of Examiner; Mcf for all gas delivered to Rocky Moun­ Pennsylvania. As an incident to the It is further ordered, That notice of tain by Cascade. Cascade will receive transaction, the sole office of City Bank this order be published in the F ederal 4.8752 cents per Mcf at l4.65^p.s.i.a. for would become aiToffice of Girard Trust. Register and copy of such order and no­ all gas delivered to Rocky Mountain, and Published notice of the proposed ac­ tice of hearing be served upon respond­ a minimum total of $45,000 over the term quisition of assets and assumption of ents and petitioner; of the exchange, as compensation for liabilities and requests for reports on It is further ordered, That persons services rendered. the competitive factors involved therein other than respondents, petitioner, and Any person desiring to be heard or to have been dispensed with as authorized Hearing Counsel who desire to become make any protest with reference to said by the Bank Merger Act. parties in this proceeding and to par­ application should on or before Septem­ Girard Trust ($1.7 billion deposits) ticipate therein shall file a petition to ber 29, 1970, file with the Federal Power and City Bank ($9.7 million deposits) intervene with the Secretary, Federal Commission, Washington, D.C. 20426, a are both located in Philadelphia, Pa. City Maritime Commission, Washington, D.C. petition to intervene or a protest in ac­ Bank’s only banking office was closed for 20573, promptly with copy to all parties; cordance with the requirements of the and insolvency by Pennsylvania State bank­ Commission’s rules of practice and pro­ ing authorities and, as noted above, is It is further ordered, That all future cedure (18 CFR 1.8 or 1.10) and the Reg­ under receivership of the Secretary of notices issued by or on behalf of the Com­ ulations under the Natural Gas Act (18 Banking of the State of Pennsylvania. mission in this proceeding, including no­ CFR 157.10). All protests filed with the On the basis of information before it, tice of time and place of hearing shall be Commission will be considered by it in including communications with the Sec­ mailed directly to all parties of record. determining the appropriate action to retary of Banking and the Federal De­ By the Commission. be taken but will not serve to make the posit Insurance Corporation, the Board Protestants parties to the proceeding. finds that an emergency situation exists, [ seal] F r a n c is C. H u r n e y , Any person wishing to become a party which the present application is intended Secretary. to a proceeding or to participate as a to remedy, in order to safeguard deposi­ [PR. Doc. 70-12390; Filed, Sept. 16, 1970; party in any hearing therein must file tors of City Bank. 8:50 a.m.] a petition to intervene in accordance with the Commission’s rules. The Board has considered all relevant material contained in the record in the Take further notice that, pursuant to light of the factors set forth in the Act, the authority contained in and subject and concludes that such anticompetitive FEDERAL POWER COMMISSION to the jurisdiction conferred upon the effects as may be attributable to consum­ [Docket No. CP71-47] Federal Power Commission by sections mation of the transaction would be 7 and 15 of the Natural Gas Act and the COLORADO INTERSTATE GAS CO. clearly outweighed in the public interest Commission’s rules of practice and pro­ by the considerations supporting and re­ Notice of Application cedure, a hearing will be held without quiring the aforementioned finding. Any further notice before the Commission on disposition of the application other than S e ptem ber 9, 1970. this application if no petition to inter­ its approval on a basis that will not delay Take notice that on August 28, 1970, vene is filed within the time required its consummation would be inconsistent J-^lorado Interstate Gas Co., a division herein, if the Commission on its own with the best interests of depositors of oi Colorado Interstate Corp. (applicant), review of the matter finds that a grant City Bank. Post Office Box 1087, Colorado Springs, of the certificate is required by the pub­ t'Olo. 80901, filed in Docket No. CP71-47 lic convenience and necessity. I f a peti­ It is hereby ordered, On the basis of ^application, pursuant to section 7(c) tion for leave to intervene is timely filed, the findings summarized above, that said or the Natural Gas Act, for a certificate or if the Commission on its own motion application be and hereby is approved, ni ,v?ul?nc convenience and necessity believes that a formal hearing is required, and that the proposal shall be consum­ authorizing a short-term sale of gas to further notice of such hearing will be mated immediately, unless such period ttocky Mountain Natural Gas Co. Inc. duly given. is extended for good cause by the Board, or by the Federal Reserve Bank of Phila­ ¿cocky Mountain), and a related short- Under the procedure herein provided rerm exchange of gas between applicant, for, unless otherwise advised, it will -be delphia pursuant to delegated authority. ascade Natural Gas Co. (Cascade) and unnecessary for applicant to appear or By order of the Board of Governors, Pii) n a*n Fue^ Supply Co. (Mountain be represented at the hearing. September 11, 1970. ""?• a.U as more fully set forth in the PPhcation which is on file with the Com­ G o r d o n M . G r a n t , [ s e a l ] K e n n e t h A . K e n y o n , mission and open to public inspection, Secretary. Deputy Secretary. specifically, applicant requests author- [F.R. Doc. 70-12353; Filed, Sept. 16, 1970; [F.R. Doc. 70-12355; Filed, Sept. 16, 1970; j to sell up to 10,256 Mcf per day to 8:46 a.m .] 8:47 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 No. 181------8 14588 NOTICES

MIDWEST BANCORPORATION, INC. tory Dust Standard (3.0 mg/m3) have it set forth specifically the grounds upon been filed as follows: which it is made, contained a detailed Notice of Application for Approval of (1) ICP Docket No. 10027, Cannelton, Coal statement of protestant’s interest in the Acquisition of Shares of Bank Co., Mine No. 4, USBM ID No. 46-01402-0, proceeding (including a copy of the spe­ Notice is hereby given that application Superior, McDowell County, W. Va., section cific portions of its authority which pro­ ID No. 001 (4 mine); and section ID No. 002 has been made, pursuant to section 3(a) testant believes to be in conflict with (2d Diagonal). that sought in the application, and de­ (3) of the Bank Holding Company Act (2) ICP Docket No. 10028, Cannelton Coal of 1956 (12 U.S.C. 1842(a) (3)), by Mid­ scribing in detail the method—whether 00. , Mine No. 3, USBM ID No. 46-01403-0, by joinder, interline, or other means— west Bancorporation, Inc., which is a Superior, McDowell County, W. Va., section by which protestant would use such au­ bank holding company located in Kansas ID No. 001, (Howdy House).; section ID No. thority to provide all or part of the serv­ City, Mo., for prior approval by the Board 002, (5th Left); and section ID No. 003 (1st ice proposed), and shall specify with of Governors of the acquisition by Ap­ Right Panel). (3) ICP Docket No. 10217, Old Ben Coal particularity th e . facts, matters, and plicant of over 80 percent of the voting Corp., Mine No. 24, USBM ID No. 11-00589-0, things relied upon, but shall not include shares of Community State Bank, Kan­ Benton, Franklin County, 111., section ID No. issues or allegations phrased generally. sas City, Mo. 001, (7th, 8th, 9th, North Panel off 9th East Protests not in reasonable compliance Section 3(c) of the Act provides that South.). with the requirements of the Rules may the Board shall not approve: In accordance with the provisions of be rejected. The original and one copy (1) Any acquisition or merger or con­ section 202(b) (4) of the Federal Coal of the protest shall be filed with the solidation under section 3 which would Mine Health and Safety Act of 1969 (83 Commission, and a copy shall be served result in a monopoly, or which would be Stat. 742, et seq., Public Law 91-173), concurrently upon applicant’s represent­ in furtherance of any combination or notice is hereby given that requests for ative, or applicant if no representative is conspiracy to monopolize or to attempt public hearing as to an application for named. I f the protest includes a request to monopolize the business of banking in renewal may be filed within 15 days after for oral hearing, such requests shall any part of the United States, or publication of this notice. Requests for meet the requirements of section 247(d) (2) Any other proposed acquisition or public hearing must be completed in ac­ (4) of the special rules, and shall include merger or consolidation under section 3 cordance with 30 CFR, Part 505 (35 F.R. the certification required therein. whose effect in any section of the country 11296, July 15, 1970), copies of which Section 247(f) of the Commission’s may be substantially to lessen competi­ may be obtained from the Panel on rules of practice further provides that tion, or to tend to create a monopoly, or request. each applicant shall, if protests to its which in any other manner would be in A copy of the application is available application have been filed, and within restraint of trade, unless the Board finds for inspection and requests for public 60 days of the date of this publication, that the anticompetitive effects of the hearing may be filed in the office of the notify the Commission in writing (1) proposed transaction are clearly out­ Correspondence Control Officer, Interim that it is ready to proceed and prosecute weighed in the public interest by the Compliance Panel, Suite 800, 1730 K the application, or (2) that it wishes to probable effect of the transaction in Street NW., Washington, D.C. 20006. withdraw the application, failure in meeting the convenience and needs of which the application will be dismissed the community to be served. G eorge A. H o r n b e c k , by the Commission. Section 3(c) further provides that, in Chairman, Further processing steps (whether every case, the Board shall take into con­ Interim Compliance Panel. modified procedure, oral hearing, or sideration the financial and managerial S epte m b e r 14,1970. other procedures) will be determined resources and future prospects of the generally in accordance with the Com­ [F.R. Doc. 70-12383; Filed, Sept. 16, 1970; mission’s General Policy Statement Con­ company or companies and the banks 8:49 a.m.J concerned, and the convenience and cerning Motor Carrier Licensing Proce­ needs of the community to be served. dures, published in the F ederal R egister Not later than thirty (30) days after issue of May 3, 1966. This assignment the publication of this notice in the F ed ­ will be by Commission order which will eral R eg ister , comments and views re­ INTERSTATE COMMERCE be served on each party of record. garding the proposed acquisition may be The publications hereinafter set forth filed with the Board. Communications COMMISSION reflect the scope of the applications as should be addressed to the Secretary, [Notice 86] filed by applicants, and may include de­ scriptions, restrictions, or limitations Board of Governors of the Federal Re­ MOTOR CARRIER, BROKER, WATER serve System, Washington, D.C. 20551. which are not in a form acceptable to The application may be inspected at the CARRIER, AND FREIGHT FOR­ the Commission. Authority which ulti­ office of the Board of Governors or the WARDER APPLICATIONS mately may be granted as a result of the Federal Reserve Bank of Kansas City. applications here noticed will not neces­ S e pte m b e r 11, 1970. sarily reflect the phraseology set forth By order of the Board of Governors, The following applications are gov­ in the application as filed, but also will September 10, 1970. erned by Special Rule 2471 of the Com­ eliminate any restrictions which are not [ s e a l ] K e n n e t h A. K e n y o n , mission’s General Rules of Practice (49 acceptable to the Commission. Deputy Secretary. CFR 1100.247, as amended), published in No. MC 200 (Sub-No. 241), filed Au­ the F ederal R eg ister issue of April 20, gust 26, 1970. Applicant: RISS INTER­ [F.R. Doc. 70-12356; Filed, Sept. 16, 1970; 1966, effective May 20, 1966. These 8:47 a.m.] NATIONAL CORPORATION, 903 Grand rules provide, among other things, Avenue, Kansas City, Mo. 64106. Appli­ that a protest to the granting of cant’s representative: Rodger J. Walsh, an application must be filed with the Suite 1200, Temple Building, 903 Grand INTERIM COMPLIANCE PANEL Commission within 30 days after date Avenue, Kansas City, Mo. 64106. Author­ of notice of filing of the appli­ ity sought to operate as a common car­ cation is published in the F ederal rier, by motor vehicle, over irregular (COAL MINE HEALTH AND R eg ist e r . Failure seasonably to file a routes, transporting: Meat, meat prod­ protest will be construed as a waiver of ucts, meat byproducts (except hides^and SAFETY) opposition and participation in the pro­ commodities in .tank vehicles), from ceeding. A protest under these rules Rock Port, Mo., to points in Florida, INTERIM MANDATORY DUST should comply with section 247(d) (3) of Georgia, Alabama, Mississippi, North STANDARD the rules of practice which requires that Carolina, and South Carolina. N ote. Notice of Opportunity for Public Applicant states that the requested au­ Hearing 1 Copies of Special Rule 247 (as amended thority cannot be tacked with its exist­ can be obtained by writing to the Secretary, ing authority. I f a hearing is deemea Applications for renewal permits for Interstate Commerce Commission, Washing­ necessary, applicant requests it be he noncompliance with the Interim Manda­ ton, D.C. 20423. at Kansas City, Mo., or Omaha, Nebr.

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14589

No. MC 200 (Sub-No. 240) (Correc­ States (excluding Alaska and Hawaii). with carrier’s regular-route operations to tion), filed August 24, 1970, published in N o t e : Applicant states that the requested and from Houston, Tex. N o t e : Applicant the F ederal R eg ister issue of Septem­ authority cannot be tacked with its exist­ states that the requested authority will ber 10, 1970, corrected and republished ing authority. Common control may be be combined with all of its authority. in part, as corrected this issue. Appli­ involved. I f a hearing is deemed neces­ I f a hearing is deemed necessary, appli­ cant: RISS INTERNATIONAL COR­ sary, applicant requests it be held at cant requests it be held at Pittsburgh, PORATION, 100 West 10th Street, also Washington, D.C., or Boston, Mass. Pa., or Washington, D.C. Post Office Box 2809, Wilmington, Del. No. MC 28060 (Sub-No. 19), filed Au­ No. MC 51018 (Sub-No. 8) (Correc­ Mailing address: 903 Grand Avenue, gust 21,1970. Applicant: WILLERS, INC., tion), filed August 5, 1970, published in Kansas City, Mo. 64106. N o t e : The pur­ a corporation, doing business as WEL­ the F ederal R e g ister issue of Septem­ pose of this partial republication is to LERS TRUCK SERVICE, 1400 North ber 3, 1970, and republished in part as include Louisville, Ky., as an origin Cliff Avenue, Sioux Falls, S. Dak. 57101. corrected this issue. Applicant:, THE point, which was inadvertently omitted Applicant’s representative: Bruce E. BESL TRANSFER COMPANY, a cor­ from previous publication. Mitchell, Suite 301, Tavern Square, 421 poration, 5550 Easte Avenue, Cincinnati, No. MC 1367 (Sub-No. 4), filed Au­ King Street, Alexandria, Va. 22314. Au­ Ohio 45232. Applicant’s representatives: gust 17, 1970. Applicant: OWL TRANS­ thority sought to operate as a common A. Alvis Layne, 915 Pennsylvania Build­ FER & STORAGE COMPANY, INC., carrier, by motor vehicle, over irregular ing, Washington, D.C. 20004, and Timo­ 3623 Sixth Avenue South, Seattle routes, transporting: Meats, meat prod­ thy A. Garry, 18th Floor, Provident Wash. 98136. Applicant’s representative: ucts and meat byproducts, and articles Tower, Cincinnati, Ohio 45202. The pur­ George R. LaBissoniere, 15625 Maple distributed by meat packinghouses as pose of this partial republication is to Wild SW., Seattle, Wash. Authority described in sections A and C of appendix show Item (1) (a) between the junction sought to operate as a common carrier, I to the report in Descriptions in Motor of Interstate Highway 75 and 70, on the by motor vehicle, over irregular routes, Carrier Certificates, 61 M.C.C. 209 and one hand, and, on the other, those points transporting: General commodities (ex­ 766 (except hides and skins and com­ in Ohio on or south of “ U.S. Highway 36, cept those of unusual value, classes A modities in bulk), (a) from the plantsite and on the west” of U.S. Highway 21, and B explosives; commodities in bulk; and storage facilities of John Morrell & serving the junction of Interstate High­ commodities because of size or weight Co. at or near Sioux Falls, S. Dak., way 75 and 70 for purpose of joinder require the use of special equipment; Worthington, Minn., and Estherville, only with the authority described in (b) and household goods as defined by the Iowa, to points in Illinois, Iowa, Kansas, below. The quoted part was inadvert­ Commission), from Seattle, Wash., to Minnesota, Missouri, Nebraska, North ently omitted. The rest of the application points in Latcomb, Skagit, Snohomish, Dakota, and Wisconsin; and (b) between remains the same. King, Pierce, Thurston, Grays Harbor, plantsites and storage facilities of John No. MC 51146 (Sub-No. 172), filed Au­ Mason, Lewis, Cowlitz, Clark, Skamania, Morrell & Co. at Sioux Falls, S. Dak., gust 20, 1970. Applicant: SCHNEIDER Pacific, Kitsap and Island Counties, and Worthington, Minn., on the one TRANSPORT & STORAGE, INC., 817 Wash., restricted to traffic having a prior hand, and, on the other, plantsites and McDonald Street, Green Bay, Wis. 54306. or subsequent movement by rail, water, storage facilities of John Morrell & Co. Applicant’s representatives: Charles W. or air. N o t e : Applicant states that the at or near Estherville and Ottumwa, Singer, 33 North Dearborn Street, Chi­ requested authority cannot be tacked Iowa. N o t e : Applicant states that the cago, 111. 60602, D. F. Martin (same ad­ with its existing authority. Applicant requested authority cannot be tacked dress as applicant). Authority sought to holds contract carrier authority under with its existing authority. I f a hearing operate as a common carrier, by motor MC 103647, therefore dual operations is deemed necessary, applicant requests vehicle, over irregular routes, transport­ May be involved. I f a hearing is deemed it be held at Minneapolis, Minn,, or ing: Paper and paper products, having necessary, applicant requests it be held Washington, D.C. a prior movement by water carriage, at Seattle, Wash. No. MC 29886 (Sub-No. 264), filed Au­ from Chicago, HI., and its commercial No. MC 3094 (Sub-No. 17), filed Au­ gust 23, 1970. Applicant: DALLAS & zone, to points in Indiana, Illinois, Iowa, gust 28, 1970. Applicant: SERVICE MAVIS FORWARDING CO., INC., 400 Minnesota, Nebraska, and Wisconsin. MOTOR FREIGHT, INC., Post Office West Sample Street, South Bend, Ind. N ote : Applicant states the requested au­ Box 36, Barrington, N.J. 08007. Appli­ 46621. Applicant’s representative: thority could be tacked with various subs cant’s representative: William P. Sulli- Charles Pieroni (same address as appli­ of MC 51146 and applicant will tack with vun. 1819 H Street NW„ Washington, cant). Authority sought to operate as a its MC 51146 where feasible. Applicant D.C. 20006. Authority sought to operate common carrier, by motor vehicle, over also states no duplicating authority is as a contract carrier, by motor vehicle, irregular routes, transporting: M otor being sought. I f a hearing is deemed over irregular routes, transporting: vehicles in initial movements in drive- necessary, applicant requests it be held Paper, and paper products, and com­ away service, from Warren, Mich., to at Chicago, 111. modities used in the manufacture points in Wyoming, Maine, and Rhode No. MC 51146 (Sub-No. 174), filed Au­ thereof, between Tallman, N.Y., and Island. N o t e : Applicant states that the Points in Pennsylvania, Vermont, Massa­ gust 20, 1970. Applicant: SCHNEIDER requested authority cannot be tacked TRANSPORT & STORAGE, INC., 817 chusetts, Connecticut, New Jersey, Rhode with its existing authority. Cdmmon con­ McDonald Street, Green Bay, Wis. 54306. island, Maryland, and Delaware, under a • trol may be involved. I f a hearing is Applicant’s representatives: Charles W. continuing contract or contracts with deemed necessary, applicant requests it Singer, 33 North Dearborn Street, Chi­ international Paper Co. N o t e : Common be held at Detroit, Mich., or Chicago, 111. cago, 111. 60602, D. F. Martin (same ad­ control and dual operations may be in- No. MC 29910 (Sub-No. 91), filed Au­ oived. If a hearing is deemed necessary, dress as applicant). Authority sought to gust 28, 1970. Applicant: ARKANSAS- operate as a common carrier, by motor applicant requests it be held at Wash­ BEST FREIGHT SYSTEM, INC., 301 ington, D.C. vehicle, over irregular routes, transport­ South 11th Street, Fort Smith, Ark. ing: (1) Paper and paper products, from No. MC 4405 (Sub-No. 480), filed Au- 72901. Applicant’s representative: points in McMinn County, Tenn., to 197°- Applicant: DEALERS Thomas Harper, Post Office Box 43, Fort points in Connecticut, Delaware, Maine, iRANSIT, INC., 7701 South Lawndale Smith, Ark. 72901. Authority sought to Maryland, Massachusetts, New Hamp­ «venue, Chicago, 111. 60652. Applicant’s operate as a common carrier, by motor shire, New Jersey, New York, North Car­ «'Presentative: Robert E. Joyner, 2111 vehicle, over regular routes, transport­ olina, Pennsylvania, Rhode Island, Ver­ AiSCk•Building> Memphis, Tenn. 38103. ing: General commodities (except loose mont, Virginia, Indiana north of U.S. sought to operate as a common bulk commodities, livestock, classes A Highway 40, and Louisville, Ky.; St. rnn/er’ ^ motor vehicle, over irregular and B explosives, currency, bullion, arti­ Louis, Mo., Indianapolis and Columbus, t r n i ’ rransP<>rting: Air pollution con­ cles of virture, commodities which exceed Ind.; and their commercial zones, and ic including but not limited ordinary equipment and loading facili­ the District of Columbia, and (2) ma­ thprt c°Uecting machinery and parts ties, and those injurious or contaminat­ terials and supplies, used in the manu­ veilin’ ru bbers, and pneumatic con- ing to other lading), serving the plantsite facture and distribution of paper and EsL v i yrstems and related parts, from of Mobay Chemical Co. near Baytown, paper products, from 'th e destination Mass., to points in the United Tex., as an off route point in connection points in (1) above to McMinn County,

FEDERAL REGISTER, VOL. 35, NO. 18T— THURSDAY, SEPTEMBER 17, 1970 14590 NOTICES

Term. N o t e : Applicant states the re­ mon carrier, by motor vehicle, over ir­ Idea Farm Equipment Division, AVCO quested authority could be tacked with regular routes, transporting: Feedwater Distributing Corp., and (b) destined to various subs of MC 51146 and applicant heaters, condensers, process equipment, the destination points specified above, will tack with its MC 51146 where feasi­ heat exchangers, and parts therefor, except that the restriction in (b) shall ble. Applicant also states no duplicating from the plantsite of Southwestern En­ not apply to traffic in foreign commerce. authority is being sought. If a hearing gineering Co. at City Of Commerce, N o t e : I f a hearing is deemed necessary, is deemed necessary, applicant requests Calif., to points in the United States applicant requests it be held at Chicago, it be held at Chicago, 111. (except Alaska and Hawaii). N o t e : 111., or Indianapolis, Ind. No. MC 65224 (Sub-No. 3), filed Au­ Common control may be involved. Ap­ No. MC 9554Q (Sub-No. 788), filed Au­ gust 27, 1970. Applicant: HENNIS plicant states that the requested author­ gust 31, 1970. Applicant: WATKINS FREIGHT LINES OF CANADA, LIM­ ity cannot be tacked with its existing MOTOR LINES, INC., 1120 West Griffin ITED, doing business as FLORIDA RE­ authority. If a hearing is deemed neces­ Road, Lakeland, Fla. 33801. Applicant’s FRIGERATED SERVICE, U.S. Highway sary, applicant requests it be held at Los representative: Paul E. Weaver (same 301 North, Post Office Box 1297, Dade Angeles, Calif. address as applicant). Authority sought City, Fla. 33525. Applicant’s representa­ No. MC-83539 (Sub-No. 298), filed to operate as a common carrier, by motor tive: L. D. Fay, 1205 Universal Marion August 25, 1970. Applicant: C & H vehicle, over irregular routes, transport­ Building, Jacksonville, Fla. 32201. Au­ TRANSPORTATION CO., INC., 1936- ing: Foodstuffs, in vehicles equipped thority sought to operate as a common 2010 West Commerce Street, Post Office with mechanical refrigeration (except carrier, by motor vehicle, over irregular Box 5976, Dallas, Tex. 75222. Applicant’s commodities in bulk, in tank vehicle), routes, transporting: Dairy products, as representative: Thomas E. James, The from Louisville, Ky., and Evansville, In­ described in section B of appendix I to 904 Lavaca Building, Austin, Tex. 78701. dianapolis, and Washington, Ind., to the report of Motor Carrier Certificates, Authority sought to operate as a com­ points in Alabama, Arkansas, Florida, 61 M.C.C. 209 and 766, and dairy prod­ mon carrier, by motor vehicle, over ir­ Georgia, Louisiana, Mississippi, North ucts substitutes, from Springfield and regular routes, transporting: Filters and Carolina, Oklahoma, South Carolina, Stanford, Ky., to points in California, filter parts, from Whittier, Calif., to Tennessee, and Texas. N o t e : Common Oregon, and Washington. N o t e : Appli­ points in the United States (except control may be involved. Applicant states cant states that the requested authority Hawaii). N o t e : Common control may be that the requested authority cannot be cannot be tacked with its existing au­ involved. Applicant states that the re­ tacked with its existing authority. If a thority. Common control may be in­ quested authority cannot be tacked with hearing is deemed necessary, applicant volved. I f a hearing is deemed necessary, its existing authority. I f a hearing is requests it be held at Indianapolis, Ind. applicant requests it be held at Chicago, deemed necessary, applicant requests it No. MC 97260 (Sub-No. 5), filed Au­ m . be held at Los Angeles, Calif. gust 5, 1970. Applicant: NORTH ALA­ No. MC 83539 (Sub-No. 288) (Correc­ No. MC 92633 (Sub-No. 16), filed BAMA EXPRESS, INC., Post Office Box tion), filed August 3, 1970, published in August 31, 1970. Applicant: ZIRBEL 610, Alexander City, Ala. 35010. Appli­ TRANSPORT, INC., 420-28th Street the F ederal R eg ister issue of August 20, cant’s representatives: J. Douglas Harris 1.970, and republished in part, as cor­ North, Lewiston, Idaho 83501. Applicant’s and James D. Harris, Jr., 410 Bell Build­ representative: Donald A. Ericson, 708 rected, this issue. Applicant: C & H ing, Montgomery, Ala. 36104. Authority TRANSPORTATION CO., INC., 1936- Old National Bank Building, Spokane, sought to operate as a common carrier, 2010 West Commerce Street, Post Office Wash. 99201. Authority sought to oper­ by motor vehicle, over regular routes, ate as a common carrier, by motor ve­ Box 5976, Dallas, Tex. 75222. Applicant’s transporting: General commodities ex­ hicle, over irregular routes, transporting: representative: Thomas E. James, The cept those requiring special equipment, Scrap automobiles and parts; and used 904 Lavaca Building, Austin, Tex. 78701. commodities in bulk and commodities in­ automobile parts, from points in Idaho jurious to other lading, from, to and be­ N o te : The purpose of this partial re- to points in Multnomah and Washing­ publication is to reflect the correct name tween points on and along the following ton Counties, Oreg., and Pierce, King, of the applicant as C & H TRANSPOR­ regular routes, subject to restrictions and Spokane Counties, Wash. N o t e : Ap­ noted: (1) Between Roanoke, Ala., and TATIO N CO., INC., inadvertently shown plicant states that the requested author­ as C & H Manufacturing Co., Inc., Atlanta, Ga., including the commercial ity cannot be tacked with its existing zone of Atlanta, Ga.: From Roanoke over in the previous publication. The rest authority. If a hearing is deemed neces­ of the application remains as previously Alabama Highway 22 to the Alabama- sary, applicant requests it be held at Georgia State line; thence over Georgia published. Boise, Idaho, Portland, Oreg., Spokane Highway 34 to Newnan, Ga.; thence over No. MC 83539 (Sub-No. 296), filed or Seattle, Wash. Federal Highway Interstate 85 to Atlan­ August 25, 1970. Applicant: C & H No. MC 95084 (Sub-No. 79), filed ta, Ga.; (2) Between Lanett, Ala., and TRANSPORTATION CO., INC., 1936- August 31, 1970. Applicant: HOVE West Point, Ga., over U.S. Highway 29; 2010 West Commerce Street, Post Office TRUCK LINE, Stanhope, Iowa 50246. (3) Between Anniston and Sylacauga Box 5976, Dallas, Tex. Applicant’s rep­ Applicant’s representative: Kenneth F. over Alabama Highway 21, serving an resentative: Thomas E. James, The 904 Dudley, Post Office Box 279, Ottumwa, intermediate points; (4) Between Bir­ Lavaca Building, Austin, Tex. 78701. Iowa 52501. Authority sought to operate mingham and Sylacauga over Alabama Authority sought to operate as a common as a common carrier, by motor vehicle, Highway 38, also U.S. Highway 280; (»' carrier, by motor vehicle, over irregular over irregular routes, transporting: Between Sylacauga and Opelika ove routes, transporting: Metal processing Tractors, agricultural implements, farm U.S. Highway 280, also Alabama Hign- machinery and parts therefor, from the machinery, and industrial and construc­ way 38, serving all intermediate points, plantsite of L & F Machine Co. at Hunt­ tion machinery, and equipment and (6) Between Anniston and Goodwater. ington Park, Calif., to points in the parts, and attachments of tractors, ag­ (a) From Anniston to Heflin over l .o. United States (except Alaska and ricultural implements, farm machinery Highway 78, (b) from junction u.e>. Hawaii). N o t e : Applicant states that and industrial and construction machin­ Highway 78 and Alabama HighwayJ* the requested authority cannot be tacked ery and equipment, from Coldwater, over Alabama Highway 21 to Sylacaug with its existing authority. Common con­ Ohio, to points in Alabama, Connecti­ thence over Alabama Highway 38, ai trol may be involved. If a hearing is cut, Delaware, Florida, Georgia, Indiana, U.S. Highway 280 to Opelika, and retun deemed necessary, applicant requests it Kentucky, Maine, Maryland, Massachu­ over the same route, serving all m be held at Los Angeles, Calif. setts, Michigan, New Hampshire, New mediate points; No. MC-83539 (Sub-No. 297), filed Jersey, New York, North Carolina, Ohio, (8) Between Lafayette and Open®*' August 25, 1970. Applicant: C & H Pennsylvania, Rhode Island, South Caro­ (a) From Lafayette to Lanett over ai TRANSPORTATION CO., INC., 1936- lina, Tennessee, Vermont, Virginia, West bama Highway 50; (b) From Lane 2010 West Commerce Street, Post Office Virginia, and the District of Columbia. Opelika over U.S. Highway 29, with serv­ Restriction: The operations authorized Box 5976, Dallas, Tex. 75222. Applicant’s ice at Rock Mills and Pepperell as o ' representative: Thomas E. James, The herein are restricted to the transporta­ route points and serving all in term ’ 904 Lavaca Building, Austin, Tex. 78701. tion of traffic (a) originating at the points; and (c) Between Lanett an Authority sought to operate as a com­ plantsites and warehouses of AVCO New

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14591

Opelika over Interstate Federal High­ No. MC 103993 (Sub-No. 561), filed Georgia, Illinois, Indiana, Iowa, Ken­ way 85 for operating convenience only. August 30, 1970. Applicant: MORGAN tucky, Louisiana, Maryland, Massachu­ (9) Between Whitney and Harpersville: DRIVE-AW AY, INC., 2800 West Lexing­ setts, Mississippi, Missouri, New Jersey, (a) From Whitney to Ashville over Ala­ ton Avenue, Elkhart, Ind. 46514. Appli­ New York, North Carolina, Ohio, Penn­ bama Highway 53, also U.S. Highway cant’s representatives: Paul D. Borghe- sylvania, Rhode Island, South Carolina, 231; and (b) From Ashville to Harpers­ sani and Ralph H. Miller (same address Tennessee, and Virginia. N o t e : Appli­ ville over Alabama Highway 25, serving as applicant). Authority sought to oper­ cant states that the purpose of this ap­ all intermediate points; (10) Between ate as a common carrier, by motor ve­ plication is to eliminate the Georgia Lincoln and Wedowee: (a) From Lin­ hicle, oyer irregular routes, transport­ gateway presently existing in its lead coln to Talladega over Alabama High­ ing: (1) Buildings, prom points in certificate, Sub 30, 41, and 106 author­ way 77; (b) From Talladega to Wedowee Wood County, W. Va., to points in Con­ ities. Applicant further states that the over Alabama Highway 77, 9 and Ala­ necticut, Delaware, Maine, Maryland, requested authority cannot be tacked bama Highway 48, and return over the Massachusetts, New Hampshire, New with its existing authority. If a hear­ same route, serving all intermediate York, New Jersey, North Carolina, Penn­ ing is deemed necessary, applicant re­ points; (11) Between Easonville, Ala., sylvania, Rhode Island, South Carolina, quests it be held at Houston, Tex., or At­ and Alabama Highway 77 as follows: Virginia, Vermont, South Dakota, North lanta, Ga. Commencing at Easonville thence north­ Dakota, Montana, Wyoming, Colorado, No. MC 107295 (Sub-No. 427), filed erly over Alabama Highway 53 to Crop- New Mexico, Utah, Idaho, Nevada, Cali­ August 20, 1970. Applicant: PRE-FAB well, Ala., thence easterly over Alabama fornia, Oregon, and Washington, and (2) TRANSIT CO., a corporation, 100 South Highway 34 to its junction with Alabama building sections, building parts, build­ Main Street, Farmer City, 111. 61842. Ap­ Highway 77, and return, serving all in­ ing materials (except in bulk) and plicant’s representative: Dale L. Cox termediate points; (12) Between Tal­ equipment and accessories used in the (same address as above). Authority ladega and Harpersville: (a) From Tal­ erection and completion of the commod­ sought to operate as a common car­ ladega to junction unnumbered county ities in (1) and (2), from points in Wood rier, by motor vehicle, over irregular road and Alabama Highway 25 over un­ County, W. Va., to points in the United routes, transporting: Trays, channels, numbered county highway; and (b) from States (except Alaska and H aw aii). nuts, bolts, washers, fittings, and acces­ junction of Alabama Highway 25, with N o t e : Applicant states that the re­ sories, from Highland, 111., to points in unnumbered county road to Harpers­ quested authority cannot be tacked with the United States in and east of Mon­ ville over Alabama Highway 25; (13) its existing authority. I f a hearing is tana, Wyoming, Colorado, and New Mex­ Between Alexander City and Roanoke deemed necessary, applicant requests it ico. N o t e : Applicant states that the re­ over Alabama Highway 22, serving all be held at Parkersburg, W. Va. quested authority cannot be tacked with intermediate points; (14) Between Camp No. MC 104724 (Sub-No. 13), filed Au­ its existing authority. I f a hearing is Hill and Lafayette over Alabama High­ gust 31, 1970. Applicant: SUPERIOR deemed necessary, applicant requests it way 50, serving no intermediate points; TRUCKING COMPANY, INC., 2770 Pey- be held at Springfield, 111. (15) Between Wetumpka and Syla- tpn Road NW., Atlanta, Ga. 30301. Ap­ No. MC 108449 (Sub-No. 318), filed cauga over Alabama Highway 21 and plicant’s representative: Guy H. Postell, August 26, 1970. Applicant: INDIAN- U.S. Highway 231, and return over the Suite 713, 3384 Peachtree Road NE., At­ HEAD TRUCK LINE, INC., 1947 West same route, serving all intermediate lanta, Ga. 30326. Authority sought to County Road C, St. Paul, Minn. 55113. points; (16) Between Childersburg and operate as a contract carrier, by motor Applicant’s representatives: Adoph J. Winterboro over Alabama Highway 76, vehicle, over irregular routes, transport­ Bieberstein, 121 West Doty Street, Mad­ for operating convenience only, with no ing: (1) Beverages, canned or bottled, ison, Wis. 53702, W. A. Myllenbeck (same service whatsoever at any intermediate and concentrate or syrup (not frozen), address as applicant). Authority sought points; (17) Between Lafayette and in containers, from the plant and ware­ to operate as a common carrier, by Wadley over Alabama Highway 77, serv­ house sites of Custom Canners, Inc., in motor vehicle, over irregular routes, ing all intermediate points; (18) Be­ Gwinnett and De Kalb Counties, Ga., transporting: Boards, building, wall and tween Birmingham and Hefln, Ala. over to points in Florida, Alabama, Missis­ insulating, from Kalamazoo, Mich., to U.S. Highway 78 and/or Federal Inter­ sippi, Louisiana, Kentucky, Tennessee, points in the United" States (except state Highway 20, serving only the points North Carolina, South Carolina, Virginia, Alaska and Hawaii). N ote : Applicant now authorized to be served under cer­ West Virginia, Maryland, District of Co­ states that the requested authority can­ tificate 1264, for Convenience of the car­ lumbia, and (2) materials, supplies, and not be tacked with its existing authority. rier only; ( 19) Between Wetumpka and equipment, from the above-named desti­ I f a hearing is deemed necessary, ap­ Montgomery, Ala., over U.S. Highway nation territory to the plant and ware­ plicant requests it be held at Chicago, 231, serving all intermediate points. Re­ house sites of Custom Canners, Inc'., in 111., or Minneapolis, Minn. striction: No service between Montgom­ Gwinnett and De Kalb Counties, Ga., No. MC 108676 (Sub-No. 38), filed Au­ ery, on the one hand and Birmingham, under contract with Custom Canners, gust 17, 1970. Applicant: A. J. METLER on the other hand; (20) Between Ope- Inc. N ote : Applicant holds common car­ HAULING.AND RIGGING, INC., 117 nka and Phenix City, Ala. over U.S. rier authority under Docket No. 106644 Chicamauga Avenue NE., Knoxville, Highway 280, serving all intermediate and subs, therefore, dual operations may Tenn. 37917. Applicant’s representative: Points; (21) Between Alexander City be involved. I f a hearing is deemed nec­ Louis J. Amato, Post Office Box E, Bowl­ and Wetumpka, Ala.: (a) Commencing essary, applicant requests it be held at ing Green, Ky. 42101. Authority sought at Alexander City, thence in a south­ Atlanta, Ga. to operate as a common carrier, by motor westerly direction over Alabama High­ No. MC 106644 (Sub-No. 109), filed vehicle, over irregular routes, transport­ way 22 to its intersection with Alabama August 26, 1970. Applicant: SUPERIOR ing: Paper and paper articles; machin­ highway 9, thence in a southerly direc­ TRUCKING COMPANY, INC., 2770 Pey­ ery, equipment, and supplies used in the tion over Alabama Highway to We- ton Road NW.; Post Office Box 916, At­ manufacture and distribution of paper umpka, and return over the same route, lanta, Ga. 30301. Applicant’s representa­ and paper articles; parts, attachments erving all intermediate points, and (b) tive: K. Edward Wolcott (same address and accessories for machinery used in the .J®r A*a!iama Highway 63, serving all as applicant). Authority sought to oper­ manufacture and! distribution of paper „^m ediate points and off-route point ate as a common carrier, by •‘motor ve­ and paper articles, between points in th f .ras?ee’ Ala,. N o te : Applicant states hicle, over irregular routes, transporting: Knox County, Tenn., on the one hand, withtack separate paragraphs Commodities requiring special equipment and, on the other, points in the United any other paragraph where possi- and handling by reason of size or weight, States (except Alaska and H awaii). tn * Ttle pl?rpose °* this application is and machinery and self-propelled arti­ N o t e : Applicant states that the re­ in C™vert *ts certificate of registration cles, each weighing 15,000 pounds or quested authority cannot be tacked ^Certificate of Public Convenience more, and related machinery, tools, parts, with its existing authority. I f a hearing np? Necessity. If a hearing is deemed and supplies moving in connection there­ is deemed necessary, applicant requests at rHSai7’ aPPUcant requests it be held with, between points in Arkansas, and it be held at Knoxville, Tenn. . rmingham and Montgomery, Ala., Texas, on the one hand, and on the No. MC 110683 (Sub-No. 77), filed Au­ 0r Atlanta, Ga. other, points in Alabama, Florida, gust 24, 1970. Applicant: SM ITH ’S

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14592 NOTICES

TRANSFER CORPORATION, Post Of­ Hampshire, New Jersey, New York, spreader bodies, tractor trailer spread­ fice Box No. 1000, Staunton, Va. 24401. Pennsylvania, Rhode Island, Vermont, ers, and truck commercial feed bodies, Applicant’s representative: Francis W. Virginia, West Virginia, and the District from Quimby, Iowa, to points in Ala­ Mclnerny, 1000 16th Street NW., Wash­ of Columbia. N ote : Applicant states that bama, Arizona, California, Connecticut, ington, D.C. 20036. Authority sought to the requested authority cannot be tacked Delaware, Florida, Idaho, Louisiana, operate as a common carrier, by motor with its existing authority. I f a hearing Maine, Massachusetts, Mississippi, Mon­ vehicle, over irregular routes, transport­ is deemed necessary, applicant requests tana, Nevada, New Hampshire, New ing: Meats, meat products, meat by­ it be held at Chicago, 111., or Washington, Jersey, New Mexico, Vermont, Virginia, products, and articles distributed by meat D. C. Washington, West Virginia, Oregon, and packinghouses, as described in sections No. MC 114647 (Sub-No. 23), filed Rhode Island, (6) used nurse tanks and A and C of appendix I to the report in August 20, 1970. Applicant: ROBERT used fertilizer spreaders, between points Descriptions in Motor Carrier Certifi­ E. PLETCHER, doing business as in Iowa, Kansas, Minnesota, Missouri, cates, 61 M.C.C. 209 and 766 (except hides PLETCHER TRANSFER & STORAGE, Nebraska, South Dakota, and Oklahoma, and commodities in bulk), from the Post Office Box 206, Highway 69 South, and (7) pickup camper coaches, camper plantsite and/or cold storage facilities Forest City, Iowa 50436. Applicant’s rep­ trailers, and motor homes, in drive-away utilized by Gentner Packing Co., at South resentative: William L. Fairbanks, 610 service, from Forest City, Iowa, to points Bend, Ind., to points in Connecticut, Hubbell Building, Des Moines, Iowa in the United States (except Alaska, Maryland, Massachusetts, New Jersey, 50300. Authority sought to operate as Hawaii and Iowa). N o t e : Applicant New York, Pennsylvania, and the District a common carrier, by motor vehicle, states that the requested authority can­ of Columbia. N o te : Applicant states that over irregular routes, transporting: (1) not be tacked with its existing authority. the requested authority cannot be tacked Pontoon-type boats, assembled or I f a hearing is deemed necessary, ap­ with its existing authority. I f a hearing knocked down and boat parts, boat plicant requests it be held at Des Moines, is deemed necessary, applicant requests trailers, boat accessories, blocking and Iowa, or Omaha, Nebr. it be held at Washington, D.C. shoring materials, and advertising mat­ No. MC 114897 (Sub-No. 88), filed Au­ No. MC 111687 (Sub-No. 34), filed Au­ ter, related to, and when moving in gust 20, 1970. Applicant: WHITFIELD gust 20, 1970. Applicant: BENJAMIN H. mixed shipments with pontoon-type TAN K LINES, INC., 300-316 North Clark RUEGSEGGER, Route No. 1, Kawkawlln, boats, from points in Hancock and W in­ Road, Post Office Drawer 9897, El Paso, Mich. 48631. Authority sought to operate nebago Counties, Iowa, to points in Ala­ Tex. 79989. Applicant’s representative: as a common carrier, by motor vehicle, bama, Arizona, Arkansas, California, J. P. Rose (same address as applicant). over irregular routes, transporting: Malt Colorado, Connecticut, Delaware, Flor­ Authority sought to operate as a com­ beverages, ale, beer, beer tonics, bever­ ida, Georgia, Idaho, Kentucky, Louisi­ mon carrier, by motor vehicle, over ir­ age compounds or other such incidental ana, Maine, Maryland, Massachusetts, regular routes, transporting: Magnesium facilities used in transporting malt bev­ Mississippi, Montana, Nevada, New chloride brine, in bulk, in tank vehicles, erages, from La Crosse and Sheboygan, Hampshire, New Jersey, New Mexico, from Duval Mine, located approximately Wis., to points in the Lower Peninsula North Carolina, South Carolina, Tennes­ 15 miles east of Carlsbad, N. Mex., to of Michigan (except Bay City and Sagi­ see, Texas, Utah, Vermont, Virginia, points in Pima, Santa Cruz, Cochise, naw, M ich.). N o t e : Applicant states that Washington, West Virginia, Wyoming, Yuma, Pinal, Graham, Greenlee, Mari­ the requested authority cannot be tacked Oklahoma, Oregon, Rhode Island, points copa, Gila, Mohave, and Yavapai Coun> with its existing authority. I f a hearing in New York east of U.S. Highway 81, ties, Ariz. N o t e : Common Control may be is deemed necessary, applicant requests and points in Pennsylvania south and involved. Applicant states that the re- it be held at Lansing, Mich., Madison, east of U.S. Highway 62, (2) pontoon- quested authority cannot be tacked with La Crosse or Milwaukee, Wis. type boats, assembled or knocked down, its existing authority. I f a hearing is No. MC-114273 (Sub-No. 72), filed Au­ weighing in excess of 5,100 pounds and deemed necessary, applicant requests it gust 27, 1970. Applicant: CEDAR boat parts, boat trailers, boat acces­ be held at El Paso, Tex. RAPIDS STEEL TRANSPORTATION, sories, blocking and shoring materials, No. MC 115162 (Sub-No. 204), filed INC., Post Office Box 68, 3930 16th and advertising matter, all related to, August 31, 1970. Applicant: POOLE Avenue SW., Cedar Rapids, Iowa 52406. and when moving in mixed shipments TRUCK LINE, INC., Post Office Drawer Applicant’s representative: Robert E. with pontoon-type boats, from points in 500, Evergreen, Ala. 36401. Applicant’s Konchar, 315 Commerce Exchange Blue Earth County, Minn., to points in representative: Robert E. Tate (same ad­ Building, 2720 First Avenue NE., Cedar Alabama, Arizona, Arkansas, California, dress as applicant). Authority sought to Rapids, Iowa 52402. Authority sought to Colorado, Connecticut, Delaware, Flor­ operate as a common carrier, by motor operate as a common carrier, by motor ida, Georgia, Idaho, Kentucky, Louisi­ vehicle, over irregular routes, transport­ vehicle, over irregular routes, transport­ ana, Maine, Maryland, Massachusetts, ing: Rods, nuts, bolts, and washers, be­ ing: Foodstuffs (except commodities in Mississippi, Montana, Nevada, New tween ports of entry on the international bulk), from the plantsite and/or storage Hampshire, New Jersey, New Mexico, boundary line between the United States facilities utilized by Ocean Spray Cran­ North Carolina, South Carolina, Tennes­ and Canada located in Maine, New berries, Inc., at or near Kenosha, Wis., see, Texas, Utah, Vermont, Virginia, Hampshire, Vermont, New York, and to points in Iowa, Kansas, Minnesota, Washington, West Virginia, Wyoming, Michigan, on the one hand, and, on the Missouri, Nebraska, Oklahoma, and Oklahoma, Oregon, Rhode Island, points other, points in Alabama, Florida, Texas. N o t e : Common control may be in New York east of U.S. Highway 81, Georgia, Kentucky, Louisiana, and Ten­ involved. Applicant states that the re­ and points in Pennsylvania south and nessee. N o t e : Applicant states that the quested authority cannot be tacked with east of U.S. Highway 62, requested authority cannot be tacked its existing authority. I f a hearing is (3) Pontoon-type boats and hull-typewith its existing authority. If a hearing deemed necessary, applicant requests it boats assembled or knocked down, and is deemed necessary, applicant requests be held at Chicago, 111. boat parts, boat trailers, boat acces­ it be held at Birmingham, Ala. No. MC 114569 (Sub-No. 91), filed Au­ sories, blocking and shoring materials, No. MC 115669 (Sub-No. H D (Amend­ gust 21, 1970. Applicant: SHAFFER and advertising matter, all related to, ment), filed May 18, 1970, published in TRUCKING, INC., Post Office Box 418, and when moving in mixed shipments the F ederal R egister issue of June New Kingstown, Pa. 17072. Applicant’s with pontoon-type boats, from points in 1970, and republished in part,as representative: James W. Hagar, 100 Warren County, Iowa, to points in the amended this issue. Applicant: Hy Pine Street, Post Office Box 1166, Harris­ United States (except Alaska, Hawaii ARD N. DAHLSTEN, doing business burg, Pa. 17108. Authority sought to and Iowa), (4) pickup camper coaches' as DAHLSTEN TRUCK LINE, Post operate as a common carrier, by motor and camper trailers, from Forest City, Office Box 95, Clay Center, Nebr. 689^- vehicle, over irregular routes, transport­ Iowa, to points in Alabama, Arizona, Applicant’s representative: p o n » | « ^ ' ing: Foodstuffs (except in bulk and ex­ California, Delaware, Florida, Georgia, Stern, 630 City National Bank Building, cept frozen foods) from Plymouth, Ind., Kentucky, Louisiana, Maine, Mississippi, Omaha, Nebr. 68933. The purposed this Allegan County, Mich., and Somers, Wis., Nevada, North Carolina, South Carolina, partial republication is to reflect P r to points in Connecticut, Delaware, Tennessee, Utah, Virginia, West Vir­ rado and Oklahoma as destination pom» Maine, Maryland, Massachusetts, New ginia, and Oregon, (5) truck fertilizer in lieu of Colorado and Kansas in P

FEDERAL REGISTER. VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14593

(2) of the previous publication. The rest cluding but not limited to bark hemicel- plantsite of Medusa Portland Cement of the application remains as previously lulose extract, cellulose, and wood fibers, Co. at Wampum, Pa., to points in In ­ diana, Michigan, New York, Ohio, and published. from Laurel, Miss., to points in the United No. MC 115793 (Sub-No. 11), filed Au­ States (except Alaska and Hawaii) to West Virginia. N o t e : Applicant states gust 20, 1970. Applicant: CALDWELL Laurel, Miss., and (3) byproducts of that the requested authority can be tacked with its existing authority but in­ FR EIG HT LINES, INC., U.S. Highway hardboard manufacturing, including but 321 South, Post Office Box 672, Lenoir, not limited to bark, hemicellulose ex­ dicates that it has no present intention N.C. 28645. Applicant’s representative: tract, cellulose, and wood fibers, from to tack and therefore does not identify Charles Ephraim, 1411 K Street NW., Laurel, Miss., to points in the United the points or territories which can be Washington, D.C. 20024. Authority States (except Alaska and Hawaii). served through tacking. Persons in­ sought to operate as a common carrier, N o t e : Applicant states that the re­ terested in the tacking possibilities are by motor vehicle, over irregular routes, quested authority can be tacked with its cautioned that failure to oppose the ap­ transporting: (1) Packing or packaging existing authority but indicates that it plication may result in an unrestricted material from the plantsites of Cellu- has no present .intention to tack and grant of authority. If a hearing is deemed Products Co. and subsidiary plants therefore does not identify the points or necessary, applicant requests it be held located at or near Patterson, Caldwell territories which can be served through at Chicago, 111. County, N.C., to points in Missouri and tacking. Persons interested in the tack­ No. MC 124211 (Sub-No. 157), filed (2) new furniture and furniture parts ing possibilities are cautioned that fail­ September 2, 1970. Applicant: H ILT from Hickory, Conover, Newton, and ure to oppose the application may result TRUCK LINE, INC., Post Office Box 988, Lincolnton, N.C. (except the plantsites of in an unrestricted grant of authority. Omaha, Nebr. 68101. Applicant’s repre­ Broyhill Furniture Industries located at Applicant holds contract authority under sentative : Thomas L. Hilt (same address Newton and Conover, N.C.), to points in MC 126970, therefore dual operations as above). Authority sought to operate as a common carrier, by motor vehicle, over Missouri. N ote : Applicant states that the may be involved. I f a hearing is deemed requested authority cannot be tacked necessary, applicant requests it be held irregular routes, transporting: Boilers with its existing authority. I f a hearing at Jackson, Miss. and boiler sections, cast iron, heaters, is deemed necessary, applicant requests No. MC 119789 (Sub-No. 33) (Amend­ radiators, pipe or tubing, building sheet it be held at Charlotte, N.C. ment) , filed July 29,1970, published F ed­ metal work, plumbing fixtures, motors, No. MC 119192 (Sub-No. 5) (Amend­ eral R eg ister issue of August 20, 1970, housings or enclosures, and attachments, ment), filed July 23, 1970, published in amended September 2, 1970, and repub­ fittings, parts and accessories, materials, the Federal R eg ister issue of August 20, lished as amended this issue. Applicant: equipment, and supplies, used or useful 1970, and republished as amended this CARAVAN REFRIGERATED CARGO, in the distribution, sale, and installation issue. Applicant: EASTERN DELIVERY INC., Post Office Box 6188, Dallas, Tex. of the aforementioned commodities, SERVICE, INC., 80 Central Avenue, 75222. Applicant’s representative: James from points in Erie and Niagara Coun­ Bridgeport, Conn. Applicant’s represent­ T. Moore (same address as applicant). ties, N.Y., to points in the United States ative: Morton E. Kiel, 140 Cedar Street, Authority sought to operate as a common (except Hawaii). N o t e : Applicant states New York, N.Y. 10006. Authority sought carrier, by motor, vehicle, over irregular that the requested authority cannot be to operate as a contract carrier, by motor routes, transporting: Canned, bottled, tacked with its existing authority. I f a vehicle, over irregular routes, transport­ and packaged foodstuffs, from Hoopes- hearing is deemed necessary, applicant ing: (1) Home furnishings and furni­ ton, Princeville, and Streator, 111., Mays- requests it be held at Washington, D.C. ture, from carrier’s terminal in Bridge­ ville, Durand, and Mondovi, Wis., and No. MC 124211 (Sub-No. 158), filed port, Conn., to points in Connecticut, Fowlerton, Ind., to points in Arkansas, September 2, 1970. Applicant: H ILT Massachusetts, Rhode Island, New York, Mississippi, Alabama, Georgia, Florida, TRUCK LINE, INC., Post Office Box 988, and New Jersey, and (2) general com­ Louisiana, Texas, Oklahoma, New Mex­ Omaha, Nebr. 68101. Applicant’s repre­ modities (except those of unusual value, ico, Colorado, Utah, Arizona, Nevada, sentative: Thomas L. Hilt (same address dangerous explosives, and household and California.‘N o t e : Applicant states as applicant). Authority sought to oper­ goods as defined by the Commission), re­ that the requested authority cannot be ate as a common carrier, by motor ve­ stricted to shipments not exceeding 50 tacked with its existing authority. The hicle, over irregular routes, transport­ Pounds each from one shipper to one purpose of this republication is to add the ing: Fire brick and shapes, furnaces, air consignee on 1 day, from carrier’s origin points of Durand and Mondovi, conditioners, cleaners, humidifiers and terminal in Bridgeport, Conn., to points Wis. I f a hearing is deemed necessary, washers, motors, blowers or fans, and in Connecticut, Massachusetts, Rhode applicant requests it be held at New machinery parts, steel elements, burners Island, New York, and New Jersey, re­ Orleans, La., Dallas, Tex., or Washing­ and attachments, heating apparatus and stricted to shipments having an immedi­ ton, D.C. controls, cabinets and housing units, and ately prior movement to carrier’s termi­ No. MC 123157 (Sub-No. 16), filed Au­ attachments, fittings, parts, and, acces­ ni by motor vehicle in interstate com­ gust 28, 1970. Applicant: CEMENT sories, materials, equipment, and sup­ merce, under contract with Popular TRANSPORTERS, INC., Rillito, Ariz. plies used or useful in the distribution, Services, Inc. N o t e : The purpose of this 85246. Applicant’s representative: A. sale, and installation of the aforemen­ republication is to add part (2) above. Michael Bernstein, 1327 United Bank tioned commodities, from points in If a hearing is deemed necessary, appli­ Building, Phoenix, Ariz. 85012. Authority Lorain County, Ohio, to points in the cant requests it be held at New York, N.Y. sought to operate as a common carrier, United States (except Hawaii). N o t e : No. MC 119777 (Sub-No. 189), filed by motor vehicle, over irregular routes, Applicant states that the requested au­ August 24, 1970. Applicant: LIGON transporting: Cement, from Crestmore thority cannot be tacked with its existing SPECIALIZED HAULER, INC., Post Of- and Oro Grande, Calif., to points in Ari­ authority. I f a hearing is deemed neces­ nce Drawer L, Madisonville, Ky. 42431. zona (except points in Yuma and Mohave sary, applicant requests it be held at Applicant’s representatives: Louis J. Counties). N o t e : Common control may Washington, D.C. Amato, Post Office Box E, Bowling be involved. Applicant states that the No. MC 126738 (Sub-No. 4), filed ^en, Ky. 42401, and William G. requested authority cannot be tacked August 24, 1970. Applicant: CENTER !* < * * * ^same addres as applicant). with its existing authority. If a hearing DISTRIBUTING COMPANY, a corpora­ authority sought to operate as a common is deemed necessary, applicant requests tion, 78th and Serum, Ralston, Nebr. “h-ier, by motor vehicle, over irregular it be held at Phoenix or Tucson, Ariz. 68127. Applicant’s representative: Clay­ hnli w transporting: ( i ) Wood fiber- No. MC 124078 (Sub-No. 454), filed ton H. Shrout, 1004 City National Bank wih wo°d fiberboard faced or finished August 31, 1970. Applicant: SCHWER- Building, Omaha, Nebr. 68102. Authority th decorative or protective materials, MAN TRUCKING CO., a corporation, 611 sought to operate as a contract carrier, ju n x s o rie s , materials, and supplies South 28 Street, Milwaukee, Wis. 53246. by motor vehicle, over irregular routes, f f j a the manufacture of the commod- Applicant’s representative: Richard H. transporting: Bottled and canned bever­ th s aescribed in ( l ) above from points in Prevette (same address as above). Au­ ages (except alcoholic and malt bever­ ¡Siw*®4 States (except Alaska and Ha- thority sought to operate as a common ages) , from Mahaska Bottling Co., Oska- ucts t Jjaureh Miss., and (3) byprod­ carrier, by motor vehicle, over irregular Loosa, Iowa, to sites and plants of Pepsi ot hardboard manufacturing, in­ routes, transporting: Cement, from the Cola Bottling Co. in Illinois, Wisconsin,

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14594 NOTICES

Minnesota, South Dakota, and Okla­ TRUCKING COMPANY, INC., 106 In­ Ind., to points in New Mexico, Texas, homa, under contract with Mahaska dustrial Street, Rochester, N.Y. 14608. Colorado, Louisiana, and Oklahoma Bottling Co.,* and carbonated beverages Applicant’s representative: Robert V. under continuing contract with Hearst in containers, and empty containers, pal­ Gianniny, 900 Midtown Tower, Roch­ Magazines, Division of Hearst Corp. lets, vending machines, syrups, advertis­ ester, N.Y. 14604. Authority sought to N ote : The purpose of this republication ing material, and equipment used in the operate as a common carrier, by motor is to show from Kokomo, Ind., in lieu of manufacture and sale of carbonated bev­ vehicle, over irregular routes, transport­ from the plantsite and storage facilities erages (except alcoholic or malt bever­ ing : Used passenger automobiles, in sec­ used by Hearst Publications at or near ages) , for the account of Pepsi Cola Bot­ ondary movements, in truckaway service, Kokomo, Ind. If a hearing is deemed tling Co., under contract with Mahaska from the city of Rochester, Monroe necessary, applicant requests it be held Bottling Co., on return. N ote : If a hear­ County, N.Y., to Bordentown, county of at Amarillo or Dallas, Tex., or Lincoln, ing is deemed necessary, applicant re­ Burlington, N.J. and refused, returned, Nebr. quests it be held at Omaha, Nebr., or Des and rejected vehicles in the reverse direc­ No. MC 134454 (Sub-No. 1), filed Moines, Iowa. tion from Bordentown, N.J., and Man- August 24, 1970. Applicant PRICE DE­ No. MC 128021 (Sub-No. 4), filed heim, Pa., to Rochester, N.Y. N ote: LIVERY SERVICE, INC., 367 West Sec­ August 20, 1970. Applicant: DIVERSI­ Applicant states that the requested au­ ond Street, Dayton, Ohio 45402. Appli­ FIED PRODUCTS TRUCKING COR­ thority cannot be tacked with its exist­ cant’s representative: Paul F. Beery, 88 PORATION, 309 Williamson Avenue, ing authority. I f a hearing is deemed East Broad Street, Columbus, Ohio Opelika, Ala. 36801. Applicant’s repre­ necessary, applicant requests it be held 43215. Authority sought to operate as a sentative: Robert E. Tate, Post Office at Rochester, N.Y. contract carrier, by motor vehicle, over Box 517, Evergreen, Ala. 36401. Author­ No. MC 129923 (Sub-No. 4), filed Au­ irregular routes, transporting: (a) Con­ ity sought to operate as a contract car­ gust 27, 1970. Applicant: SHIPPERS crete products, (b) pipe fittings, and (c) rier, by motor vehicle, over irregular TRANSPORTS, INC., 2000 Wheeler materials and supplies incidental to the routes, transporting: Meats, meat prod­ Street, West Memphis, Ark. 72301. Ap­ manufacture of concrete products, be­ ucts, meat byproducts, and articles dis­ plicant’s representative: Edward G. tween the plantsites of Price Brothers tributed by meat packinghouses (except Grogan, 2020 First National Bank Build­ Co. in Montgomery» Wyandot, Franklin, commodities in bulk in tank vehicles and ing, Memphis, Tenn. 38103. Authority Muskingum, Lorain, Stark, and Portage hides), from points in Iowa, Kansas, Mis­ sought to operate as a common carrier, Counties, Ohio, on the one hand, and, on souri, Nebraska, and Texas to the plant- by motor vehicle, over irregular routes, the other, points in Indiana, Kentucky, site and warehouse facilities of the transporting: Foods, liquid, in glass pack­ Pennsylvania, New York, West Virginia, Frosty Morn Meats, Inc., at Montgomery, ages, tin or containers; tea in packages, Michigan, and St. Louis, Mo. Note: If Ala., under contract with Frosty Mom wheat products, sugar, salt, in barrels, a hearing is deemed necessary, applicant Meats, Inc. N ote: I f a hearing is deemed drums, packages or containers (but not requests it be held at Columbus, Ohio. necessary, applicant requests it be held in bulk or tank vehicles), from points in No. MC 134571 (Sub-No. 1), filed at Montgomery, Ala. Massachusetts, New Jersey, and Penn­ August 18, 1970. Applicant: RUSSELL L. No. MC 128293 (Sub-No. 3), filed sylvania, to Tulsa, Okla. N ote: Applicant REISERER AND RUTH H. REISERER, August 21, 1970. Applicant: ACTRON states that the requested authority can­ a partnership, doing business as CORPORATION, 52 Northern Avenue, not be tacked with its existing authority. RIEDER’S MOVING & STORAGE, 930 Boston, Mass. 02210. Applicant’s repre­ I f a hearing is deemed necessary, appli­ East California Street, Sunnyvale, Calif. sentative:. Neal Holland, % Sherburne, cant requests it be held at Tulsa, Okla., 94086. Applicant’s representative: AlanP. Powers & Needham, 225 Franklin Street, or Memphis, Tenn. Wohlstetter, One Farragut Square Boston, Mass. 02110. Authority sought to No. MC 133814 (Sub-No. 8), filed South, Washington, D.C. 20006. Author­ operate as a common carrier, by motor July 6,1970. Applicant: E. E. CARROLL, ity sought to operate as a common car­ vehicle, over irregular routes, transport­ doing business as CARROLL TRUCK­ rier, by motor vehicle, over irregular ing: New furniture, from Sudbury, Mass., ING, 3533 Audubon Road, Montgomery, routes, transporting: Used household to points in Maine, Massachusetts, Ala. 36111. Applicant’s representative: goods between points in Santa Cruz, Rhode Island, Connecticut and to points R. Connor Wiggins, Jr., Suite 909, 100 Santa Clara, San Mateo, Alameda, Con­ in New Hampshire on and south of U.S. North Main Building, Memphis, Tenn. tra Costa, San Francisco, and Mann Highway 4 (including Portsmouth, N.H., 38103. Authority sought to operate as a Counties, Calif., restricted to the trans­ and on and east of U.S. Highway 3). common carrier, by motor vehicle, over portation of traffic having a prior or sub­ N ote: Applicant states that the requested irregular routes, transporting: Struc­ sequent movement, in containers, and authority cannot be tacked with its ex­ tural steel and components thereof, pre­ further restricted to the performance of isting authority. If a hearing is deemed fabricated steel buildings and compo­ pickup and delivery service in connec­ necessary, applicant requests it be held nents thereof, building materials and tion with packing, crating, and contain­ at Boston, Mass., or Washington, D.C. related articles thereto, and scrap metals, erization or unpacking, uncrating, and No. MC 128313 (Sub-No. 3), filed Au­ between points in Alabama, on the one decontainerization of such traffic. Note. gust 26, 1970. Applicant: TEMPO hand, and, on the other, points in Ala­ I f a hearing is deemed necessary, appli­ TRUCKING, INC., 2101 Kenskill Avenue, bama, Florida, Georgia, Louisiana, Mis­ cant does not specify a location. Washington Court House, Ohio 43160. sissippi, North Carolina, South Carolina, No. MC 134574 (Sub-No. 2), filed Au­ Applicant’s representative: A. Charles Tennessee, and the points of Taylorville gust 20, 1970. Applicant: FIGOL DIS­ Tell, 100 East Broad Street, Columbus, and Chicago, 111. N ote: Applicant states TRIBUTORS LIMITED, 9727 HO«1 Ohio 43215. Authority sought to operate that the requested authority cannot be Street, Edmonton, Alberta, Canada. Ap­ as a contract carrier, by motor vehicle, tacked with its existing authority. I f a plicant’s representative: Eldon M. J°h^’ over irregular routes, transporting: hearing is deemed necessary, applicant son, 140 Montgomery Street, San Fran­ Meats, meat products and meat by­ requests it be held at Montgomery, Ala. cisco, Calif. 94104. Authority sought w products (except commodities in bulk), No. MC 134323 (Sub-No. 6) (Amend­ operate as a common carrier, by from points in Franklin County, Ohio, to ment) , filed July 27, 1970, published in vehicle, over irregular routes, transpo points in Connecticut, Delaware, Illinois, the F ederal R egister issue August 20, ing: Meat and packinghouse 2>roaifcrs Indiana, Iowa, Kentucky, Maine, Mary­ 1970, amended August 27, 1970, and re­ in vehicles equipped with mechanic land, Massachusetts, Michigan, Missouri, published as amended this issue. Appli­ refrigeration, from points on the int New Hampshire, New Jersey, New York, cant: JAY LINES, INC., Post Office Box national boundary line between Pennsylvania, Kansas, Virginia, and 1644, 6210 River Road, Amarillo, Tex. United States and Canada located West Virginia, restricted to service per­ 79109. Applicant’s representative: Fred­ Idaho and Montana, to points in Canioi_ formed under a continuing contract or erick J. Coffman, 521 South 14th Street, nia, restricted to shipments having. . contracts with Coil, Inc. N ote: I f a hear­ Post Office Box 806, Lincoln, Nebr. 63501. origin in Canada. N ote: Applicanthoios ing is deemed necessary, applicant re­ Authority sought to operate as a con­ contract carrier authority under Do quests it be held at Columbus, Ohio. tract carrier, by motor vehicle, over No. 124972 Sub 2, therefore, dual opera No. MC 129150 (Sub-No. 4), filed Au­ irregular routes, transporting: Maga­ tions may be involved. Applicant sta gust 31, 1970. Applicant: CIACCIA zines, and periodicals, from Kokomo, that the requested authority cannot

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14595 tacked with its existing authority. I f a Milwaukee, Wis., under a continuing County, Del.; Montgomery, Prince hearing is deemed necessary, applicant contract or contracts with General Split Georges, Howard, Anne Arundel, Balti­ requests it be held at San Francisco, Corp., Milwaukee, Wis. N ote : If a hear­ more, Harford, and Cecil Counties, Md.; Calif. ing is deemed necessary, applicant re­ Adams, Cumberland, Dauphin, Lebanon, No. MC 134722 (Sub-No. 1), filed quests it be held at Madison, Wis. Berks, Montgomery, Luzerne, Lacka­ August 23, 1970. Applicant: WAYNE C. No. MC 134891, filed August 27, 1970. wanna, Wyoming, Susquehanna, Brad­ BIJGBEE, doing business as BUGBEE Applicant: ED GUZZO ON TIME DE­ ford, Lancaster, Lehigh, Chester, Dela­ TRUCKING, 834 Sixth Street, Erie, HI. LIVERY SERVICE, INC., 60 Pennsyl­ ware, Bucks, Schuylkill, Carbon, and 61250. Applicant’s representative: Carl vania Avenue, Montvale, N.J. 07645. Ap­ Philadelphia Counties, Pa.; and the city L. Steiner, 39 South La Salle Street, plicant’s representative: Morris Honig, of Baltimore, Md., and the District of Chicago, HI. 60603. Authority sought to 150 Broadway, New York, N.Y. 10038. Columbia, and extending to all points operate as a common carrier, by motor Authority sought to operate as a common in the United States, including Alaska vehicle, over irregular routes, transport­ carrier, by motor vehicle, over irregular but excluding Hawaii. N ote: Common ing: (1) Dry milk solids, from Erie, HI., routes, transporting: (1) Interoffice control may be involved. I f a hearing is to points in Indiana, Michigan, Wiscon­ communications, office records, proofs, deemed necessary, applicant requests it sin, Minnesota, Iowa, Missouri, and Ohio advertising and publication items, be­ be held at Washington, D.C., Baltimore, and (2) Whey, from points in Wisconsin tween Westwood, N.J., on the one hand, Md., Philadelphia, Pa., New York, N.Y., and Minnesota to Erie, HI. N ote: I f a and, on the other, New York, N.Y., and Scranton, Pa., or Harrisburg, Pa. hearing is deemed necessary, applicant Stamford, Norwalk, and Bridgeport, No. MC 63390 (Sub-No. 16), filed Au­ requests it be held at Chicago, HI. Conn., (2) proofs, galleys, printed bulk gust 25, 1970. Applicant: CARL R. BIE- No. MC 134884 (Sub-No. 1), filed literature, bulk addressed envelopes, and BER, INC., Vine and Baldy Streets, Kutz- August 27, 1970. Applicant: FARWEST unprinted material therefor, between town, Pa. 19530. Applicant’s representa­ FURNITURE TRANSPORT, INC., 6840 Saddle River, N.J., on the one hand, and, tive: John W. Dry, 541 Penn Street, 112th Avenue SE., Renton, Wash. 98055. on the other, New York, N.Y., White Reading, Pa. 19601. Authority sought to Applicant’s representative: Alan F. Plains, Orangeburg, and Pleasantville, operate as a common carrier, by motor Wohlstetter, 1 Farragut Square South, N.Y., (3) leather goods, hand made suit­ vehicle, over irregular routes, transport­ Washington, D.C. 20006. Authority cases, and leather and wool materials ing: Passengers and their baggage in the sought to operate as a common car­ and supplies used in the manufacture same vehicle with passengers in round- rier, by motor vehicle, over irregular thereof, between Hackensack, N.J., and trip special operations, beginning and routes, transporting: New furniture and New York, N.Y., and (4) typewriters and ending at points in Berks County, Pa., fixtures, between points in Washington, parts thereof, paper, key punch, and and extending to points in the Conti­ Oregon, California, Arizona, Nevada, component parts thereof, from Paramus, nental United States. N ote: Applicant Utah, and Idaho, N o te : I f a hearing is N.Y., to New York, N.Y., and points in presently holds common property au­ deemed necessary, applicant requests it Connecticut on and south of U.S. High­ thority under its No. MC 59272 and subs. be held at Seattle, Wash. way 44, and on and west of U.S. Highway I f a hearing is deemed necessary, appli­ No. MC 134888, filed August 24, 1970. 91. N o te : I f a hearing is deemed neces­ cant requests it be held at Reading, Pa. Applicant: MOROSA BROS. TRANS­ sary, applicant requests it be held at PORTATION CO., a corporation, 3831 New York, N.Y., or Newark, N.J. A pplication for W ater Carrier Pierce Road, Bakersfield, Calif. 93308. No. MC 134893, filed August 24, 1970. No. W-1252 (PO RT RO YAL MARINE Applicant’s representative: Carl H. Applicant: GEORGE D. SNYDER, Rural CORPORATION CONTRACT CAR­ Fritze, 1545 Wilshire Boulevard, Suite Delivery No. 1, Brookville, Pa. 15825. RIER A PPLIC A TIO N ), filed August 26, 606, Los Angeles, Calif. 90017. Authority Applicant’s representative: H. Ray Pope, 1970. Applicant: PORT ROYAL MA­ sought to operate as a common carrier, Jr., 10 Grant Street, Clarion, Pa. 16214. RINE CORPORATION, South Carolina by motor vehicle, over irregular routes, Authority sought to operate as a com­ Ports Authority Terminals, Port Royal, transporting: Animal and poultry feeds, mon carrier, by motor vehicle, over ir­ S.C. Application of Port Royal Marine dry, in bulk, and in demountable con­ regular routes, transporting: Coal, in Corporation, filed August 26, 1970, for a tainers or bins, from points in Imperial, bulk in dump vehicles, between Mc- permit to institute a new operation as Riverside, Kern, Los Angeles, Inyo, Calmont Township and Reynoldsville a contract carrier by water, in interstate Merced, Madera, and Kings Counties, Borough, Jefferson County, Pa., on the or foreign commerce in the transporta­ Calif., to Stockton, Calif., and points in one hand, and, on the other, .points in tion of property generally, between ports the Los Angeles Harbor, Calif., com­ Wyoming County, N.Y. N o t e : I f a hear­ and points in Norfolk, Va.; Morehead, mercial zone, as defined by the Commis­ ing is deemed necessary, applicant re­ N.C.; Burnswick, Ga.; Miami, Fla.; W il­ sion, and empty containers or bins, on quests it be held at Pittsburgh, Pa., or mington, N.C.; Augusta, Ga.; Charleston, return. N ote: Applicant states that it Washington, D.C. S.C.; Bainbridge, Ga.; Georgetown, S.C.; does not intend to tack. I f a hearing is M otor Carriers of P assengers Columbus, Ga.; Port Royal, S.C.; Jack­ seemed necessary, applicant requests it sonville, Fla.; Savannah, Ga.; and Port be held at Los Angeles, Calif. No. MC 1515 (Sub-No. 154), filed Au­ Everglades, Fla. No. MC 134890, filed August 24, 1970. gust 20, 1970. Applicant: GREYHOUND Applicant: DELBERT N. DEYOUNG, LINES, INC., 1400 West Third Street, F reight F orwarder A pplication ¡toing business as CUPERY & DEYOUNG Cleveland, Ohio 44113. Applicant’s rep­ No. FF-269 (ALOHA CONSOLI­ TRANSIT, Friesland, Wis. 53935. Appli­ resentative: L. C. Major, Jr., Suite 301 DATORS AND FREIGHT FORWARD­ cant’s representative: Edward Solie, Tavern Square, 421 King Street, Alexan­ ERS—EXTENSION—OREGON) , filed executive Building, Suite 100, Madison, dria, Va. 22314. Authority sought to op­ September 1, 1970. Applicant: ALOHA wis. 53705. Authority sought to operate erate as a common carrier, by motor CONSOLIDATORS AND FREIGHT as a contract carrier, by motor vehicle, vehicle, over irregular routes, transport­ FORWARDERS, Post Office Box 20039, ver irregular routes, transporting: (1) ing: Passengers and their baggage, in Long Beach, Calif. 90801. Applicant’s rurt™ an^ pa^en^ leather and suede and one way and round trip special opera­ representative: R. Y. Schureman, 1545 kw/w ^eather products, from Milwau- tions, beginning at all points in the fol­ Wilshire Boulevard, Los Angeles, Calif. r : ; "is-, to points in the United States lowing named counties and places on 90017. Authority sought under section st of the eastern boundaries of Men­ Greyhound Lines, Inc., regular routes as 410, Part IV of the Interstate Commerce s ’ Wyoming, Colorado, and New authorized in MC 1515 and subs, and at Act, for a permit to extend operation as n C0’ ai?^ (2) returned shipments all other points in Chemung, Tioga, a freight forwarder, in interstate or for­ supplies and equipment Broome, Richmond, Kings, New York, eign commerce, through use of the facil­ trihi,?-1"use*u* in the manufacture or dis- Bronx, Queens, Nassau, and Suffolk ities of common carriers by water, motor, in £:10n °* commodities described Counties, N.Y.; Salem, Gloucester, At­ and rail common carrier in the trans­ Paragraph above (except com- lantic, Burlington, Bergen, Essex, Hud­ portation of General commodities, ex­ a w tl(ls in. bulk), from points in the son, Union, Middlesex, Somerset, Mercer, cept household goods as defined by the Ve described destination territory to and Camden Counties, N.J.; New Castle Commission, unaccompanied baggage

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 No. 181- 14596 NOTICES and used automobiles, between points in [Notice 150] plicant will tack with its sub 2 and Hawaii, on the one hand, and, on the sub 3 certificates, copies of which are other, points in Oregon and Washington. MOTOR CARRIER TEMPORARY attached. Supporting shippers: There AUTHORITY APPLICATIONS are approximately 15 statements of sup­ By the Commission. September 11, 1970. port attached to the application, which [ seal] R obert L. Oswald, may be examined here at the Interstate The following are notices of filing of Acting Secretary. Commerce Commission in Washington, applications for temporary authority un­ D.C., or copies thereof which may be [F .R . Doc. 70-12307; F ile d , Sept. 16, 1970; der Section 210a(a) of the Interstate examined at the field office named below. 8:45 a.m .] Commerce Act provided for under the Send protests to: District Supervisor new rules of Ex Parte No. MC-67 (49 Johnston, Bureau of Operations, Inter­ CFR Part 1131 published in the F ederal [No. MC-C-6953] state Commerce Commission, 315 Post R egister, issue of April 27, 1965, effective Office Building, Lincoln, Nebr. 68508. EXEMPT STATUS OF PRECOOKED AND July 1, 1965. These rules provide that COOKED POULTRY protests to the granting of an applica­ No. MC 110328 (Sub-No. 9 TA), filed tion must be filed with the field official September 8, 1970. Applicant: ROY A. Petition for Declaratory Order named in the F ederal R egister publica­ LEIPHART TRUCKING, INC., 1298 Tor- nonita Street, Post Office Box 567, York, September 14, 1970. tion, within 15 calendar days after the date of notice of the filing of the ap­ Pa. 17402. Applicant’s representative: At the request of interested persons, plication is published in the F ederal Chester A. Zyblut, 1522 K Street NW., the time for filing written representa­ R egister. One copy of such protests must Washington, D.C. 20005. Authority tions in favor of, or against, the re­ be served on the applicant, or its au­ sought to operate as a common carrier, quested declaratory order that (1) cut­ thorized representative, if any, and the by motor vehicle, over irregular routes, up, precooked or cooked, frozen or refrig­ protests must certify that such service transporting: Chains, from York, Pa., to erated poultry, (2) cut-up, precooked or has been made. The protests must be Woburn, Mass., for 180 days. Supporting cooked, breaded and/or battered, frozen specific as to the service which such pro- shipper: Campbell Chamin, Division of or refrigerated poultry, and (3) cut-up, testant can and will offer, and must con­ Unitec Industries, Post Office Box 1667, precooked or cooked, marinated, breaded sist of a signed original and six copies. York, Pa. 17405. Send protests to: Robert and/or battered, frozen or refrigerated W. Ritenour, District Supervisor, Inter­ poultry constitute “ exempt” agricultural A copy of the application is on file, and state Commerce Commission, Bureau of commodities the transportation of which can be examined at the Office of the Operations, 508 Federal Building, Post is not subject to economic regulation by Secretary, Interstate Commerce Com­ Office Box 869, Harrisburg, Pa. 17108. mission, Washington, D.C., and also in this Commission pursuant to section 203 No. MC 114123 (Sub-No. 37 T A ), filed (b) (6) of the Interstate Commerce Act, field office to which protests are to be transmitted. September 8, 1970. Applicant: HERMAN is extended to November 2, 1970. R. EWELL, INC., East Earl, Pa. 17519. By the Commission. M otor Carriers of P roperty Applicant’s representative: Blanton P. No. MC 36900 (Sub-No. 14 T A ), filed Bergen, 137 East 36th Street, New York, [ seal] R obert L. Oswald, N.Y. 10016. Authority sought to operate Acting Secretary. August 19, 1970, published in the F ederal R egister issue of September 1, 1970, and as a contract carrier• by motor vehicle, [F .R . D oc. 70-12394; F iled , Sept. 16, 1970; republished in part as corrected, this over irregular routes, transporting: Liq­ 8:50 a.m .] issue. Applicant: U.S. VAN LINES, INC., uid and invert sugar, corn syrup, mix­ 1314 Chattahoochee Avenue NW., Post tures of liquid or invert sugar, and corn Office Box 2957, Atlanta, Ga. 30318. Ap­ syrup and flavoring syrup, in bulk, in FOURTH SECTION APPLICATION FOR tank vehicles, between New York, N.Y., RELIEF plicant’s representative: Frank W. Tay­ lor, Law Offices Reeder, 1221 Baltimore on the one hand, and, on the other, September 14, 1970. Avenue, Kansas City, Kans. 64105. N ote: points in Delaware, Maryland, Pennsyl­ The purpose of this partial republication vania, and Virginia (Alexandria, Va., Protests to the granting of an appli­ only), for 150 days. Supporting shippers: cation must be prepared in accordance is to show the corrected MC number as, MC 36900 Sub 14, in lieu of MC 36009 Pepsi Co., Inc., Purchase, N.Y. 10577; with § 1100.40 of the general rules of Sucrest Crest Corp., 120 Wall Street, New practice (49 CFR 1100.40) and filed Sub 14. The rest of the application re­ mains as previously published. York, N.Y. 10005. Send protests to: within 15 days from the date of publica­ Robert W. Ritenour, District Supervisor, tion of this notice in the F ederal No. MC 85465 (Sub-No. 27 T A ), filed Interstate Commerce Commission, Bu­ R egister. September 8, 1970. Applicant: WEST reau of Operations, 508 Federal Building, NEBRASKA EXPRESS, INC., 709 Mill L ong-and-Short H aul Post Office Box 869, Harrisburg, Pa- Drive, Post Office Box 350, Scottsbluffs, 17108. FSA No. 42047—Petroleum oil, Nebr. 69361. Applicant’s representative: n.o.i.b.n., from specified points in Texas. T. Stockton, The 1650 Grant Street No. MC 115295 (Sub-No. 13 TA), filed Filed by Southwestern Freight Bureau, Building, Denver, Colo. 80203. Authority September 8, 1970. Applicant: BOB UT- agent (No. B-184), for interested rail sought to operate as a common carrier, GARD, doing business as UTGARD carriers. Rates on petroleum oil, n.o.i.b.n., by motor vehicle, over regular routes, TRUCKING, Route 3, New Richmond. in tank carloads, as described in the ap­ transporting: General commodities, ex­ Wis. 54017. Applicant’s representative: plication, from Dickinson, Nadeau, North cept commodities requiring special equip­ Val M. Higgins, 1000 First National Bank Seadrift, and Texas City, Tex., to Insti­ ment and except commodities in bulk, Building, Minneapolis, Minn. 55402. Au­ thority sought to operate as a common tute and South Charleston, W. Va. between (1) Cheyenne, Wyo., and Lusk, Wyo.; and (2) between Cheyenne, Wyo., carrier, by motor vehicle, over irregular Grounds for relief—Barge competition. routes, transporting: Soybean meal, from Tariffs—Supplements 266 and 199 to and Guernsey, Wyo.; (1) from Chey­ enne, to Lusk over U.S. Highway 85 and Savage, Minn., to Wild Rose, Wis., anti Southwestern Freight Bureau, agent, return over the same route, and (2) points in Wisconsin and on and west oi tariffs IOC 4486 and 4530, respectively. from Cheyenne to Torrington, Wyo., over U.S. Highway 51 and on and north ox U.S. Highway 18, for 150 days. Support­ By the Commission. U. S. Highway 85, thence from Torring­ ton Wyo., to Guernsey over U.S. High­ ing shipper: Cargill, Inc., Minneapolis^ [ seal] R obert L. Oswald, way 26, and return over the same route, Minn. Send protests to: District Super­ Acting Secretary. serving all intermediate points in both visor A. E. Rathert, Interstate Commerce [F .R . D oc. 70-12397; F iled , Sept. 16, 1970; (1) and (2), and off-route points of Commission, Bureau of Operations, 44 8:50 a.m .] Lagrange, Wyo., for 150 days. N ote: Ap­ Federal Building & U.S. Courthouse, 1

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 NOTICES 14597

South Fourth Street, Minneapolis, Minn, examined here at the Interstate Com­ irregular routes, transporting: Precast 55401. merce Commission, in Washington, D.C., and prestressed concrete products and No. MC 133627 (Sub-No. 2 TA), filed or copies thereof which may be exam­ equipment, materials, and supplies, used September 9,1970. Applicant: COMMON ined at the field office named below. in the erection and installation thereof; m a r k e t distributing c o r p o r a ­ Send protests to: Raymond E. Mauk, from points in Winnebago County, Wis., t io n , 310 West Watkins Road., Post District Supervisor, Interstate Commerce to points in Illinois, Indiana, and Mich­ Office Box 3902, Phoenix, Ariz. 85003. Commission, Bureau of Operations, igan, for 180 days. Supporting shipper: Applicant’s representative: Donald E. Everett McKinley Dirksen Building, 219 Duwe Precast Concrete Products, Inc., Fernaays, 4114A North 20th Street, South Dearborn Street, Room 1086, Chi­ Post Office Box 1277, Oshkosh, Wis. Phoenix, Ariz. 85016. Authority sought cago, 111. 60604. 54901. Send protests to: Harold Jolliff, District Supervisor, Interstate Commerce to operate as a contract carrier, by motor By the Commission. vehicle, over irregular routes, transport­ Commission, Bureau of Operations, ing: Scrap auto bodies, from points in [ seal] R obert L. O swald, Room 476, 325 West Adams Street, Utah and Nevada to National City, Calif ., Acting Secretary. Springfield, 111. 62704. for 180 days. Supporting shipper: Scrap [F .R . Doc. 70-12400; F iled , Sept. 16, 1970; No. MC 115322 (Sub-No. 75 T A ), filed Disposal, Inc., Post Office Box 716, 823 8:50 a.m .] September 8, 1970. Applicant: RED­ West 17th Street, National City, Calif. WING REFRIGERATED, INC., 2939 Or­ 92050. Send protests to: Andrew V. Bay­ lando Drive, Post Office Box 1698, San­ lor, District Supervisor, Interstate Com­ [Notice 151] ford, Fla. 32771. Authority sought to merce Commission, Bureau of Opera­ MOTOR CARRIER TEMPORARY operate as a common carrier, by motor tions, 3427 Federal Building, Phoenix, AUTHORITY APPPLICATIONS vehicle, over irregular routes, transport­ Ariz 85025 ing: Canned foodstuffs, from Cheriton, No. MC 134840 (Sub-No. 1 T A ), filed September 14, 1970. Va., to points in Florida, Georgia, North September 8, 1970. Applicant: HARRY The following are notices of filing of Carolina, and South Carolina, for 180 WANN, doing business as TW IN C ITY applications for temporary authority un­ days. Supporting shipper: G. L. Webster DRAYAGE, Route 3, De Soto, Mo. 63020. der section 210a(a) of the Interstate Co., Inc., Cheriton, Va. 23316. Send pro­ Applicant’s representative: B. W. La- Commerce Act provided for under the tests to: District Supervisor G. H. Fauss, Tourette, Jr., 1850 Railway Exchange new rules of Ex Parte No. MC-67 (49 Jr., Bureau of Operations, Interstate Building, 611 Olive Street, St. Louis, Mo. CFR Part 1131) published in the F ederal Commerce Commission, Box 35008, 400 63101. Authority sought to operate as a R egister, issue of April 27,1965, effective West Bay Street, Jacksonville, Fla. 32202. common carrier, by motor vehicle, over July 1, 1965. These rules provide that No. MC 116849 (Sub-No. 2 TA),.filed irregular routes, transporting: Nuclear protests to the granting of an applica­ September 8, 1970. Applicant: ISLAND materials for the account of United Nu­ tion must be filed with the field official TRANSPORTATION CORP., 86 Garden clear Corp., from Oak Ridge, Tenn., to named in the F ederal R egister publica­ Street, Westbury, N.Y. 11590. Applicant’s Hematite, Mo., for 150 days. Supporting tion, within 15 calendar days after the representative: Arthur J. Piken, 160-16 shipper: United Nuclear Corp., Com­ date of notice of the filing of the appli­ Jamaica Avenue, Jamaica, N.Y. 11432. mercial Products Division, Route 21 A, cation is published in the F ederal R eg­ Authority sought to operate as a com­ Hematite, Mo. 63047. Send protests to: ister. One copy of such protests must be mon carrier, by motor vehicle, over irreg­ District Supervisor J. P. Werthmann, served on the applicant, or its authorized ular routes, transporting: Petrolehm and Interstate Commerce Commission, Bu­ representative, if any, and the protests petroleum products, from Stamford, reau of Operations, Room 3248, 1520 must certify-that such service has been Conn., to points in Bronx, Westchester, Market Street, St. Louis, Mo. 63103. made. The protests must be specific as to Putnam, and Dutchess Counties, N.Y., No. MC 134859 (Sub-No. 1 T A ), filed the service which such protestant can for 180 days. Supporting shipper: Ash­ September 8, 1970. Applicant: DONALD and will offer, and must consist of a land Oil & Refining Co., Ashland, Ky. RUSSELL, doing business as FRANK signed original and six copies. 41101. Send protests to: Anthony Chiu- RUSSELL & SON, 401 South Ida Street, A copy of the application is on file, and sano, District Supervisor, Interstate West Frankfort, 111. 62896. Authority Commerce Commission, Bureau of Oper­ sought to operate as a contract carrier, can be examined at the Office of the Secretary, Interstate .Commerce Com­ ations, 26 Federal Plaza, New York, N.Y. by motor vehicle, over irregular routes, 10007. transporting: Magnetite, in bulk, in ship­ mission, Washington, D.C., and also in No. MC 124328 (Sub-No. 44 T A ), filed per-owned trailers, from site of Meramec field office to which protests are to be September 9, 1970. Applicant: BR INK ’S Mining Co., near Sullivan, Mo., to coal transmitted. INCORPORATED, 234 East 24th Street, mines located in Illinois and Kentucky, M otor Carriers of P roperty for 180 days. Supporting shipper: Reiss Chicago, HI. 60616. Applicant’s repre­ No. MC 76032 (Sub-No. 262 T A ), filed Viking Corp., 541 Oakwood Street, Bris­ sentative: F. D. Partlan (same address September 9, 1970. Applicant: NAVAJO tol, Tenn. 37622. Send protests to: Har­ as above). Authority sought to operate old Jolliff, District Supervisor, Interstate FREIGHT LINES, INC., 1205 South as a contract carrier, by motor vehicle, Platte River Drive, Denver, Colo. 80223. Commerce Commission, Bureau of Op­ over irregular routes, transporting: Applicant’s representative: John T. erations, Room 476, 325 West Adams Diamonds, between Worthington, Ohio, Street, Springfield, 111. 62704. Coon (same address as above). Author­ and Detroit, Mich., for 180 days. Sup­ ity sought to operate as a common car­ porting shipper: General Electric Co., M otor Carrier P assengers rier, by motor vehicle, over irregular Specialty Materials Department, Post No. MC 134909 TA, filed September 8, routes, transporting: Bananas, from Office Box 568, Worthington, Ohio 43085. 1970. Applicant: RAMIREZ TRANS­ Wilmington, Calif.# to points in Arizona, Send protests to: Raymond E. Mauk, PORTATION CO., INC., 1504 West 18th California, Colorado, Montana, New District Supervisor, Interstate Commerce Street, Chicago, 111. 60608. Applicant’s Mexico, Oregon, Utah, and Washington, Commission, Bureau of Operations, representative: Robert H. Hirsch, 30 for 180 days. Supporting shipper: Chi- Everett McKinley Dirksen Building, 219 North La Salle Street, Suite 700, Chicago, quita Brands, Inc., 1250 Broadway, New South Dearborn Street, Room 1086, Chi­ Rl. 60602. Authority sought to operate York, N.Y. 10001. Send protests to: Dis­ cago, 111. 60604. as a common carrier, by motor vehicle, trict Supervisor Roger L. Buchanan, In ­ No. MC 124735 (Sub-No. 11 T A ), filed over irregular routes, transporting: terstate Commerce Commission, Bureau September 9, 1970. Applicant: R. C. Passengers and baggage, not in excess of of Operations, 2022 Federal Building, KERCHEVAL, JR., 4424 Fourth Avenue 12, between Chicago, ¿1., and Laredo, Denver, Colo. 80202. South, Seattle, Wash. 98134. Applicant's rex., serving no intermediate points, on No. MC 107295 (Sub-No. 437 T A ), filed representative: Joseph O. Earp, 411 a neighborhood door to door basis rather September 9, 1970. Applicant: PRE-FAB Lyon Building, Seattle, Wash. 98104. Au­ man terminal to terminal, for 180 days, TRANSIT CO., Post Office Box 146, 100 thority, sought to operate as a contract supporting shippers: There are approx­ South Main Street, Farmer City, 111. carrier, by motor vehicle, over irregular imately (3i) statements of support at­ 61842. Authority sought to operate as a routes, transporting: Trailer axles, sus­ tached to the application, which may be common carrier, by motor vehicle, over pensions landing gear, fifth wheels and

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 14598 NOTICES hitches, and parts thereof, and mechan­ order in that proceeding pending its dis­ fer to GREEN BROOK TRANSPORTA­ ical refrigeration units, from Montgom­ position. The matters relied upon by TION CO., INC., of the operating rights ery, Ala.; Marshfield, Springfield, and petitioners must be specified in their of WATT TRANSPORT, INC., is pres­ Warrenton, Mo.; Holland, Mich.; and petitions with particularity. ently pending. Minneapolis, Minn.; to Portland, Oreg., No. MC-FC-72308. By order of Sep­ By the Commision. for 180 days. Supporting shipper: Stand­ tember 10,1970, the Motor Carrier Board ard Parts & Equipment Co., 4784 South- approved the transfer to G. E. Van Lines, [ seal] R obert L. Oswald, esat 17th Avenue, Portland, Oreg. 97202. Inc., Brooklyn, N.Y., of the operating Acting Secretary. Send protests to: E. J. Casey, District rights in certificate No. MC-78926 is­ [F.R. Doc. 70-12398; Filed, Sept. 16, 1970; Supervisor, Interstate Commerce Com­ sued May 21, 1969, to Frank Carnesi 8:50 a.m .] mission, Bureau of Operations, 6130 Ar­ Moving & Storage Corp., Brooklyn, N.Y., cade Building, Seattle, Wash. 98101. authorizing the transportation of house­ [Ex Parte No. 267] No. MC 124796 (Sub-No. 72 T A ), filed hold goods between New York, N.Y., on September 8, 1970. Applicant: CONTI­ the one hand, and, on the other, points INCREASED FREIGHT RATES, 1971 NENTAL CONTRACT C A R R IE R in Connecticut, New York, New Jersey, Pennsylvania, and Massachusetts, and • At a general session of the Interstate CORP., 15045 East Salt Lake Avenue, Commerce Commission, held at its office Post Office Box 1257, City of Industry, between New York, N.Y., on the one hand, and, on the other, points in Dela­ in Washington, D.C., on the 14th day of Calif. 91747. Authority sought to oper­ September 1970. ate as a contract carrier, by motor ware, Maryland, Virginia, Ohio, and the District of Columbia. Morris Honig, 150 Amendment No. 1 to Special Permis­ vehicle, over irregular routes, transport­ sion No. 71-1100. Upon further consider­ ing: Laundry bleach, dry, and cleaning Broadway, New York, N.Y. 10088, attor­ ney for applicants. ation of the matters and things involved compounds, from Houston, Tex., to in special permission No. 71-1100, entered points in Louisiana, Mississippi, and No. MC-FC-72335. By order of Sep­ tember 10,1970, the Motor Carrier Board by the Commission on September 2, points in that part of Arkansas on and 1970, and upon considération of a peti­ south of Interstate Highway No. 40, for approved the transfer to System Reefer Service, Inc., Los Angeles, Calif., of the tion dated September 11, 1970, filed by 180 days. Supporting shipper: The Albert B. Russ, Jr., and other attorneys, Clorox Co., Post Office Box 24305, Oak­ operating rights in permit No. MC- 133097 (Sub-No. 2) issued May 12, 1969, for and on behalf of southern territory land, Calif. 94623. Send protests to: John railroads, and certain water and motor E. Nance, District Supervisor, Interstate to P. N. Werking, Inc., Adelphi, Md., authorizing the transportation of paper, carriers having joint rates with said Commerce Commission, Bureau of Oper­ railroads, for modification of special per­ ations, Room 7708, Federal Building, 300 from Napanoch, N.Y., to points in Wash­ ington, Oregon, and California, limited mission No. 71-1100 to grant the same North Los Angeles Street, Los Angeles, authority (1) to file tariffs providing for Calif. 90012. to a transportation service to be per­ formed, under a continuing contract, or increases not exceeding those proposed No. MC 134078, (Sub-No. 1 T A ), filed by the eastern and western lines, to be­ September 9, 1970. Applicant: C & J contracts, with Rondout Corp. of Napanoch, N.Y. Charles E. Creager, Suite come effective on or after November 18, TRANSPORT, INC., Post Office Box 115, 1970, on all freight rates and charges Gillespie, HI. 62033. Authority sought to 523, 816 Easley Street, Silver Spring, Md. within, from, to, and via southern terri­ operate as a common carrier, by motor 20910, representative for applicants. tory, as defined in Appendix A to the vehicle, over irregular routes, transport­ [ seal] R obert L. O swald, petition, and (2) to permit the southern ing: Glass containers (bottles or jars), Acting Secretary. territory respondents to concur in a 15- caps, covers, stoppers, tops, and fiber- [F .R . Doc. 70-12399; F ile d , Sept. 16, 1970; percent increase on coal from southern board boxes; from Lincoln. 111., to points 8:50 a.m .} territory to eastern and western terri­ in Indiana, Ohio, Michigan, Illinois, Mis­ tories, and also to concur in an interim souri, Kentucky, Tennessee, Iowa, and increase of 6 percent in freight rates and Wisconsin, for 180 days. Supporting [Notice 588A] charges applicable within, from, to, and shipper: Obear-Nester Glass Co., East MOTOR CARRIER TRANSFER via southern territory, the interim in­ St. Louis, HI. 62205. Send protests to: PROCEEDINGS crease to be subject to an expiration date Harold Jolliff, District Supervisor, In ­ of February 28, 1971, and for authority terstate Commerce Commission, Bureau September 14, 1970. later to offer specific permanent increase of Operations, Room 476, 325 West Application filed for temporary au­ proposals, not exceeding 15 percent on Adams Street, Springfield, HI. 62704. thority under section 210(a) (b) in con­ not less than 60 days’ notice: By the Commission. nection with transfer application under I t is ordered, That special permission section 212(b) and Transfer Rules, 49 No. 71-1100, entered as aforesaid, be, and [ seal] R obert L. O swald, CFR Part 1132: it is hereby, modified so as to provide that Acting Secretary. No. MC-FC-72240. By application filed the authority contained therein with re­ [FJR. D oc. 70-12401; H ie d , Sept. 16, 1970; September 9, 1970, PAULINE E. RICH­ spect to general increases in freight rates 8:50 a.m .] ARDSON, doing business as RICH’S shall also apply, subject to the same SOUTH SHORE EXPRESS, 732 Nantas- terms and conditions, to general in­ creases in freight rates and charges [Notice 588] ket Avenue, Hull, Mass. 02045, seeks tem­ porary authority to lease the operating within, from, to, and via southern ter­ MOTOR CARRIER TRANSFER rights of EDMUND J. RASTELLINI, do­ ritory as proposed in the petition dated PROCEEDINGS ing business as EDDIE’S FREIGHT September 11, 1970, to become effective November 18, 1970. September 14, 1970. SERVICE, _30 Floyd Street, Revere, Mass. 02151, under section 210a(b). The trans­ I t is further ordered, That said peti­ Synopses of orders entered pursuant fer to PAULINE E. RICHARDSON, do­ tion, insofar as it seeks authority to later revise the proposal to reflect to section 212(b) of the Interstate Com­ ing business as RICH’S SOUTH SHORE increases merce Act, and rules and regulations EXPRESS, of the operating rights of in excess of 6 percent be, and it is hereby, prescribed thereunder (49 CFR Part EDMUND J. RASTELLINI, doing busi­ denied. , 1132), appear below: ness as EDDIE’S FREIGHT SERVICE, And it is further ordered, That except As provided in tlie Commission’s spe­ is presently pending. as herein modified and amended, specia cial rules of practice any interested per­ permission No. 71-1100, shall be, ana No. MC-FC-72381. By application filed remain, in full force and effect. son may file a petition seeking recon­ September 10, 1970, GREEN BROOK sideration of the following numbered TRANSPORTATION CO., INC., Post By the Commission. proceedings within 20 days from the date Office Box 145, Bound Brook, N.J. 08805, [ seal] R obert L. Oswald, of publication of this notice. Pursuant seeks temporary authority to lease the Acting Secretary. to section 17(8) of the Interstate Com­ operating rights of W ATT TRANSPORT, merce Act, the filing of such a petition INC., 115 Army Road, Providence, R.I. [F.R. Doc. 70-12428; Filed, Sept. 16, 1970, will postpone the effective date of the 02905, under section 210a(b). The trans­ 8:52 a .m .]

FEDERAL REGISTER, VOL. 35, NO. 181— THURSDAY, SEPTEMBER 17, 1970 FEDERAL REGISTER 14599

CUMULATIVE LIST OF PARTS AFFECTED— SEPTEMBER

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

Page Page 3 CFR PaBe 7 CFR— Continued 14 CFR Proclamations: 1033______- ______14539 37______— ______14446 3998 ______13819 1036______14539 39______13879, 3999 ______14053 1099______13826 14074, 14132, 14257, 14381, 14541, 4000 ______14187 1138___—______13826 14542 4001 ______14251 1421____ 13969, 13971, 14121,14501,14540 61______14074 4002 ______14535 1822______:______14437 63______— ______14074 1841______13972 65______14074 Executive Orders: 1890___ 13972 67______14074 July 15, 1875 (see PLO 4889) __14317 1890a______13974 71 13822 9979 (see EO 11555)---- 14191 1890b______13975 14Ö76~ Ì4 0 7 7 ~ 14199,14303-14306,’ 10695-A (revoked by EO 1890c______13977 14382, 14448-14450, 14542 11556)------14193 1890d______13979 73______*14077, 14199 10705 (amended by EO 11556) _ 14193 1890e___ 13980 95______14503 10995 (revoked by EO 11556)- 14193 1890f____ 13980 97______14078, 14450 11051 (amended by E Ô 11556) _ 14193 1890g______14442 141______14074 11084 (revoked by EO 11556) _ 14193 P roposed R ules: 143______-______14074 11191 (amended by EO 11556)- 14193 722______14462 205______14542 11360 (see EO 11555)______14191 213______14382 11490 (amended by EO 11556). 14193 906______13887 912______14266 249______14542 11546 (amended by EO 11557). 14375 298______13983 11554 ______14189 924______14220 11555 ______14191 926____ 14511 385_____ 13822 11556______—— ______14193 927—______14555 P roposed R ules: 11557 ______14375 929______14085 39 ______14462 931 ______14462 Presidential D ocuments O ther 71. ______13843, 932 ______14266 13889, 13890, 14088, 14089, 14221, Than P roclamations and Execu­ 981____ 14085 tive Orders: 14325-14327, 14463, 14560, 14561 987______14087, 14266 121 ______13998,14327,14463 Memorandum of Aug. 21,1963 989______14555, 14556 (amended by EO 11556)____14193 241______14464 1001______14324 242 ______13999 1006______13843 399______14468 5 CFR 1012 ______13843 1013 ______13843 213— ______14055, 1062 ______14406 15 CFR 14125, 14197, 14299, 14377, 14435 1063 ______14406 30______14388 531------143 77 1133______14220 P roposed R ules: Proposed R ules: 1134—______14087 30______14267 890______- _____ 14092 1136______14087 16 CFR 7 CFR 8 CFR 103______13828 13______14199-14210, 14389-14391,14544 io______13822 P roposed- R ules : 52 ______204______13828 ______13822, 14060 214______13829 254_____ 14002 53 ...... ______1____ 14497 210___ 223______13829 427______14328 ______14061 238______13829 215______14435 245.__ 245______13829 17 CFR ______14065 247______13829 319.______14497 239______14083 401— _ 299______13829 ______14253 341______13829 274...... 14083 724- ______14068 725______14377 9 CFR 18 CFR 729______14299 775______14498 53______13981,14445 101______13985 777______14379 71___ 14197 141______13986 813- ______14299 76______13878, 201______13987 841- ______14498 14126, 14127, 14198, 14301, 14302, 260______13988 610______2______14306 850- ______14253 14445, 14501, 14540 905. ------14499,14500 78______14446 P roposed R u les: 906- 97______14127 ------14254 2______14001 908. 13969,14255,14435,14537 P roposed R ules: 909 ______141______14002, 14098 ------13875 201______14511 154______14408 910 ------13825,14121, 14435 911. 157______14408 ------14537 10 CFR 201______14139 913 14255 932.. ' P roposed R ules: 250______14408 13877,14Y8~0~,T43~8T 14436 944— ------14537, 14538 Ch. I ______14222 260______14098,14139 945. ------14072 946 ------14300 12 CFR 19 CFR 948. ______.______14072 10______14502 958-"' P roposed R ules: ------14437 265______14074 980. " 526______13981 4______13843 981_ ------14539 545______13982,14502 19— ______13843 993. " ------14073 ------13969, 14300 584...... 14503 111—...... 13843 14600 FEDERAL REGISTER

20 CFR Page 30 CFR paee 43 CFR—Continued Paee 200______14543 P roposed R ules: P roposed R ules: 210______14543 70______'______14557 1725...... 14220 250______- ______14543 75______14146 1850------.------13887 260______14543 80______14146 404______14128,14129 45 CFR 410____ :______14128 32 CFR 121______—______13885 P roposed R ules: 125______—______- 14130 505 ____ 14456 405______- 13888,14221 518______14384 506 ______14457 564______14384 507 ______14457 21 CFR 766______14451 508 ______14459 3______13880 902______14078 509 ___ 14459 19______14545 14QQ 1495ft 120 ______13830, 14256, 14505 1604 (s~ee~E6~n555)” I I I I I ” _ I” 14191 46 CFR 121 ______13831, 14211,14256, 14545 P roposed R ules: 130______14078 33 CFR 11______14559 135a______14211, 14505 110...... — 14506 135b______14129 117______14133, 14258, 14551 47 CFR 135c______14129 126_^______14315 135e______14212, 14391 0 __^______14078 P roposed R ules: 2______139 90, 14259,14317 135g______—— 14212 110______— 14269,14407 87___ 14552 . 138_____ 14450 117______14139,14408,14558 141______13881, 14256 89______14507 141b______- 13988 97______13990 144______- 14505 36 CFR P roposed R u les: 146______14256 7______14133 2______139 99, 14269,14328 146a______14393 25______14328 146b______13988 39 CFR 67 ______t_____ 14092 146c______13988,14393 73______13890, 1481______13831 126______14259 14000, 14094, 14095, 14270, 14512, 148m______14393 531______—______13831 14561, 14563 148n______14393 P roposed R ules: 81______14096,14462 148q______14212 87 13999 151______- ______—1______14003 89______— 14512 P roposed R ules: 91 __ 14328 3______13887 41 CFR 93III1______14328 27______14557 1 -1 5 ______— 14133 120___ 14269 1_19_.______13989 49 CFR 144______14221 5A-2______._____ 14501 146a______13998 5A-7______13885 1 ______14509 146c_____ 13998 9-5______14259 170 ______13834 146d_____ 13998 101-45______14134 171 ______13834 191______13887 172______138 34, 13837 101-47______14134 173 __ >______13834, 13837,14402 P roposed R ules: 22 CFR 50-201______— 14511 174 ___ 1J®{ 22______14218 1 7 0 13834 42 CFR 1 7 7 ______13834 24 CFR 1 7 0 13834 73______- ______- ___ 13922, 13989 41______14307 81______14135,14460,14506 179IIIIIIIIIIIIIIIIIII----13834, 14216 1914 ______13882, 14213 5 7 I 14135 1915 ______13883, 14215 P roposed R ules: 1033l-” IIIXII----T3^C 13838,14217 81______14087,14406 1048 ______14552,14553 25 CFR 1204____ 13991 41...... 14394 43 CFR P roposed R ules: 5430___ 14135 170-18917q ______14511!J99? 173------14091 26 CFR P ublic L and Orders: 1______14546 571 14470 201______14549 2407 (revoked in part by PLO 1U48------____ 13890 211______14394 4891)______14551 4582: 1 2 0 1 ______—— 16 213______14394 Modified by PLO 4884______13821 301______13989, 14546 Modified by PLO 4885______14083 50 CFR P roposed R ules: 4667 (revoked by PLO 4892) __ 14551 1fi __ 14055 1 ______14403, 14405 4821 (amended by PLO 4890) _ 14317 44______14138 4884 _____ 13821 28------1 3 8 8 3- 45______14138 4885 ______14083 138i2~ 139 92-13995, 14059, 14060, 301______14138 4886 ______:_ 14316 14137, 14218, 14219, 4887 ______14317 14318-14322, 14384, 14461, 1450 , 4888 ______14317 29 CFR 14553, 14554 4 l3 7 520 ... __ 12884 4889 ______14317 4890 ______14317 ::::::::::::::::::::::::- - - - '- 13996 870______14314 4891 ______14551 IIS P roposed R ules: 4892 ______14551 P roposed R ules: ^ g g 541______...... 14268 4893 ______14551 32______