FEDERAL REGISTER VOLUME 35 • NUMBER 251 Tuesday, December 29,1970 • Washington, D.C. Pages 19651-19732
Agencies in this issue— Agriculture Department American Battle Monuments Commission Atomic Energy Commission N Canal Zone Census Bureau Civil Aeronautics Board Commerce Department Comptroller of the Currency Consumer and Marketing Service Environmental Protection Agency Federal Aviation Administration Federal Communications Commission Federal Insurance Administration Federal Maritime Commission Federal Power Commission Federal Reserve System Fish and Wildlife Service Government Procurement Commission Hearings and Appeals Office Health, Education, and Welfare Department Interagency Textile Administrative Committee Interim Compliance Panel (Coal Mine Health and Safety) Internal Revenue Service International Commerce Bureau^ Interstate Commerce Commission Justice Department Land Management Bureau National Highway Safety Bureau National Oceanic and Atmospheric Administration Packers and Stockyards Administration Post Office Department Securities and Exchange Commission Small Business Administration Detailed list of Contents appears inside. Volume 8 3 UNITED STATES STATUTES AT LARGE
91 st Congress, 1st Session 1969
Contains laws and concurrent resolu eluded are: numerical listings of bills tions enacted by the Congress during enacted into public and private law, 1969, reorganization plan, ^recom a guide to the legislative history of bills mendations of the President, and enacted into public law, tables of prior Presidential proclamations. Also in- laws affected, and a subject index.
Price: $10.50
Published by Office of the Federal Register, National Archives and Records Service, General Services Administration
Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402
1 1 l Y f D C f ' I C T I T D Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or LU liJ 1 E ll °n day aft®r an °fflcQial Holiday). by th® °® c,e °f *he C a20408, ~ Archives and Records Service, General Services Administration, Washington, ,Q„5 Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 1 (49 Stat. 500, as amended; 44 U.S.O., Ch. 15), under regulations prescribed by the Adm inistrative Committee of the Federal Register, ap proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing O Washington, D.C. 20402. The F ederal Register will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable ^ advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit chec money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. . The regulatory material appearing herein is keyed to the Code op F ederal Regulations, which is published, under 50 titles, purs ^ to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op Federal Regulations is sold by the Superinten of Documents. Prices of new books are listed in the first F ederal Register issue of each month. There are no restrictions on the republication of material appearing in the F ederal Register or the Code op F ederal Regulation Contents
AGRICULTURE DEPARTMENT COMMERCE DEPARTMENT Notices See also Consumer and Market See also Census Bureau; Interna Standard broadcast application ing Service; Packers and Stock- tional Commerce Bureau; Na ready and available for process yards Administration. tional Oceanic and Atmospheric ing ______19718 Administration. Hearings, etc.: Notices Rantoul Broadcasting Co., and Consumer and Marketing Service; Notices Regional Radio Service_____ 19714 organization and delegations— 19701 Mission and organization______19-704 SENCLand Broadcasting Sys Designation of areas for emer Small carpets and rugs; notice of tems, Inc.,, and Seaboard gency loans: sta n d a rd ______19702 Broadcasting Corp______19715 Arkansas______19701 New Mexico------'------19701 COMMISSION ON FEDERAL INSURANCE Oklahoma ______19701 Texas______19701 GOVERNMENT PROCUREMENT ADMINISTRATION Notices Rules and Regulations AMERICAN BATTLE Statement of organization and Areas eligible for sale of insur MONUMENTS COMMISSION availability of records______19712 ance; list-______19665 Flood.hazard areas; list______19665 Rules and Regulations COMPTROLLER OF THE Proposed Rule Making Procedures and erection of war memorials in foreign countries CURRENCY j Criteria for land management and by American citizens, States, Rules and Regulations use in mudslide-prone areas__ 19684 municipalities, or associations_ 19666 Assessment of fees; national FEDERAL MARITIME banks, District of Columbia; ATOMIC ENERGY COMMISSION semiannual assessment etc____ 19661 COMMISSION Rules and Regulations Notices Licensing of production and util CONSUMER AND MARKETING Agreements filed for approval: ization facilities__:______19655 SERVICE American Mail Line, Ltd., and Everett Orient Line______19719 Proposed Rule Making Rules and Regulations California Association of Port Certain types of light water nu Dried prunes produced in Cali Authorities_____;______19718 clear power reactors; ■withdraw fornia; disposition of reserves_ 19655 North Atlantic French Atlantic al of consideration of possible Meat inspection regulations_____ 19666 Freight Conference (2 doc statutory finding of practical Nectarines grown in California; uments)______19718, 19719 value______•___ 19686 increase in expenses for fiscal The “8900” Lines______19718 Notices year 1970-71______19655 Receipt of applications for li FEDERAL POWER COMMISSION censes : ENVIRONMENTAL PROTECTION Notices Allied-Gulf Nuclear Services AGENCY Hearings, etc.: et al------19708 Proposed Rule Making Commonwealth Edison Co____ 19719 Boston Edison Co ______19708 Grand Valley Transmission Co_ 19720 Duke Power Co_____'______19708 Certification of facilities______19686 Maine Yankee Atomic Power Pacific Gas & Electric Co_____ 19720 Notices Pacific Power & Light Co_____ 19721 Co ------r_------19708 Pennsylvania Power & Light Co_ 19721 Philadelphia Electric Co____ _ 19709 Judicial Officer, Department of South Carolina Electric & Gas Vermont Yankee Nuclear Power Agriculture; delegation of au C orp------19709 C o ------19721 thority ______19714 Transcontinental Gas Pipe Line CANAL ZONE Corp., and Florida Gas Trans FEDERAL AVIATION mission Co______19722 Rules and Regulations ADMINISTRATION Compensation and allowances; FEDERAL RESERVE SYSTEM tax allowance____,______19664 Proposed Rule Making Rules and Regulations Airport development aid______19678 Interest on deposits : CENSUS BUREAU Area high routes; proposed desig Methods of computing simple Rules and Regulations nation _____ 19678 daily interest______19662 Foreign trade statistics______19663 Notices Payment and computation of interest on time savings de CIVIL AERONAUTICS BOARD Regional Counsels and Center posits ------19663 Counsels; delegation of au Miscellaneous a m e n d m e n ts to Notices thority ------19707 chapter------1 ______19661 State of Kentucky; transfer of Hearings, etc.: jurisdiction relative to FAA Notices Flying Tiger Air Services, Inc., activities ______19707 and Overseas National Air Boatmen’s Bancshares, Inc.; order ways, Inc______approving action to become a bank holding company______19722 In^ rila^ional Air Transport As FEDERAL COMMUNICATIONS sociation (2 documents)___ COMMISSION FISH AND WILDLIFE SERVICE Aviati°n Co., Inc__ Proposed Rule Making Rules and Regulations I S Al a n d Airways, Ltd—_ Television network programs not Migratory birds; open seasons, bag goss Aviation, InC_.__ made available to certain tele limits, and possession______19666 Universal Airlines Co., et aïIIII vision stations______19688 (Continued (M next page) 19653 19654 CONTENTS
HEARINGS AND APPEALS Notices NATIONAL OCEANIC AND OFFICE Granting of relief: ATMOSPHERIC Castle, Edward Harlan______19698 Notices Fields, Charles E______19698 ADMINISTRATION Southern Electric Generating Co.; Morse, Robert Francis______19698 Notices petition for modification of Piekarski, Edward______19699 mandatory safety standard___ 19701 Kuntz, Joseph W., Jr.; notice of INTERNATIONAL COMMERCE application for loan______19702 HEALTH, EDUCATION, AND BUREAU WELFARE DEPARTMENT PACKERS AND STOCKYARDS Rules and Regulations Notices ADMINISTRATION Export regulations; export clear Rehabilitation Services Adminis ance ______19664 Notices tration; organization and func Gainesville Sale Barn et al.; de tions ______-______19705 INTERSTATE COMMERCE posting of stockyards..______19702 HOUSING AND URBAN COMMISSION POST OFFICE DEPARTMENT DEVELOPMENT DEPARTMENT Notices Notices See Federal Insurance Adminis Car distribution: tration. Penn Central______19728 Losses in mails; limitation on Penn Central Transportation reimbursement_____ 19699 INTERAGENCY TEXTILE C o ______19728 ADMINISTRATIVE COMMITTEE Motor carrier temporary authority SECURITIES AND EXCHANGE Notices applications ______19726 COMMISSION Certain cotton textile products Notices produced or manufactured in JUSTICE DEPARTMENT Hearings, etc.: ' Haiti; entry or withdrawal from Rules and Regulations Continental Vending Machine warehouse for consumption___ 19723 O rg a n iz a tio n ; miscellaneous C o rp ______19723 amendments______19666 Cornerstone Fund, Inc______19723 INTERIM COMPLIANCE PANEL Rocky River Realty Co., et al__ 19724 (COAL MINE HEALTH AND LAND MANAGEMENT BUREAU SAFETY) Notices SMALL BUSINESS Notices California; filing of protraction ADMINISTRATION Winding Gulf Coals, Inc.; notice diagram s______19699 Notices of opportunity for hearing____ 19723 First Cumberland Investments NATIONAL HIGHWAY SAFETY Inc.; application for license---- 19724 INTERIOR DEPARTMENT BUREAU North American MESBIC., Inc.; See Fish and Wildlife Service; application for license______19725 Hearing» and Appeals Office; Proposed Rule Making Regional division chiefs et al.; Land Management Bureau. Motor vehicle safety standards; delegation of authority— 19725 new pneumatic tires (2 docu INTERNAL REVENUE SERVICE m en ts)______19683,19684 TRANSPORTATION DEPARTMENT Proposed Rule Making See Federal Aviation Administra Income tax : tion; National Highway Safety Amortization of pollution con Bureau. trol facilities______19672 Amounts representing taxes and TREASURY DEPARTMENT^ interest paid to cooperative See Comptroller of the Currency; housing corporations______19670 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 sectio n s affected by documents published since January 1, 1970, and specifies how they are affected. 7 CFR 14 CFR 28 CFR 916______-______19655 P roposed R ules: 19666 993______19655 7 5 ______19678 _ 19666 152______19678 9 CFR 35 CFR 15 CFR . 19664 331___ 19666 30______19663 386 ______±__'______19664 36 CFR TO CFR _19666 18 CFR 401 2______;______19655 402 19666 50______19655\ P roposed R ules: P roposed R ules: 602______2.. 19686 47 CFR Ch. I______19686 24 CFR P roposed R ules: 73_ 19688 12 CFR 1914 r______19665 1915 ______19665 49 CFR 8 ______19661 • P roposed R ules: 204__ 19661 1910______19684 P roposed Rules: 210______19661 571 (2 documents)------19683,19684 213______19662 26 CFR 50 CFR 217 (2 documents)______19662,19663 P roposed R ules: _19666 222______19662 1 (2 documents)______19670,19672 19655 Rules and Regulations
with the said marketing agreement and lete “botanicals” from the “noncompeti Title 7— AGRICULTURE order. tive outlets.” Terms used in the marketing agree As so amended, § 993.165(c) reads as Chapter IX— Consumer and Market ment and order shall, when used herein, follows: ing Service (Marketing Agreements have the same meaning as is given to § 993.165 Disposition of reserve prunes. and Orders; Fruits, Vegetables, the respective term in said marketing * * * * * Nuts), Department of Agriculture agreement and order. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (c) Noncompetitive outlets. “Noncom PART 9 1 6 — NECTARINES GROWN 601-674) petitive outlets” means (1) the U.S. IN CALIFORNIA Government or any agency thereof and Dated: December 23,1970. any State or local government, except Increase in Expenses for the 1970—71 P aul A. N icholson, when such outlets are normally serviced Fiscal Period Acting Director, Fruit and through regular commercial trade chan nels, (2) any foreign government or any Notice was published in the Decem Vegetable Division, Consumer and Marketing Service. agency thereof, except any which nor ber 8,1970, issue of the F ederal R egister mally is serviced through regular com (35 F.R. 18618) that consideration was [F.R. Doc. 70-17488; Filed, Dec. 28, 1970; mercial trade channels, (3) any foreign being given to a proposal regarding an 8:52 a.m.] country with an average of annual increase in the expenses previously ap commercial imports of California proved for the fiscal period March 1, prunes of less than 5 tons, based on 1970, through February 28, 1971, pur PART 993— DRIED PRUNES PRODUCED IN CALIFORNIA imports during the most recent 5 years, suant to the marketing agreement, as (4) diced prunes for use as an ingredient amended, and Order No. 916, as amended Administrative Rules and Regulations in, or the manufacture of, food products (7 CFR 916), regulating the handling of for human consumption, other than for Nectarines grown in California, effective On November 21,1970, a notice on pro use in the manufacture of prune juice, under the applicable provisions of the posed rule making was published in the prune concentrate, baby food, puree, but Agricultural Marketing Agreement Act F ederal R egister (35 F.R. 17593) re ter, jam, chocolate coated prune pieces, of 1937, as amended (7 U.S.C. 601-674). garding a proposal to amend § 993.165(c) and low moisture nuggets, granules, and The notice afforded interested persons of the administrative rules and regula powder’ (5) charities, (6) research or an opportunity to submit written data, tions (Subpart—Administrative Rules educational activities, and (7) animal views, or arguments with respect to the and Regulations; 7 CFR 993.101-993.174; feed, distillation, and other salvage use. proposal. None were submitted within 35 F.R. 5108; 11380; 12323). The sub the prescribed time.- part is operative pursuant to the market (Secs. 1—19, 48 Stat. 31, as amended; 7 U.S.C. After consideration of all relevant ing agreement, as amended, and Order 601-674) matters presented, including the pro No. 993, as amended (7 CFR Part 993), Dated December 23,1970, to become ef posal set forth in the aforesaid notice regulating the handling of dried primes fective 30 days after publication in the and the recommendation thereof which produced in California. The amended F ederal R egister. was submitted by the Nectarine Admin marketing agreement and order are ef istrative (established pursuant to the fective under the Agricultural Marketing P aul A. N icholson, said marketing agreement and order): Agreement Act- of 1937, as amended (7 Acting Director, Fruit and It is hereby ordered, That the provisions U.S.C. 601-674). Vegetable Division, Consumer pertaining to expenses in paragraph (a) Paragraph (c) of § 993.165 sets forth and Marketing Service. of § 916.209 Expenses and rate of as noncompetitive outlets for reserve [F.R. Doc. 70-17489; Filed, Dec. 28, 1970; sessment (35 F.R. 11165) be, and hereby prunes. The amendment would include 8:52 a.m.] are, amended to read as follows: diced prunes for use as an ingredient in, § 916.209 Expenses and rate of assess or the manufacture of, food products for m ent. human consumption, other than for use in the manufacture of prune juice, prune Title 10— ATOMIC ENERGY' (a) Expenses. Expenses that are rea concentrate, baby food, puree, butter, Chapter I— Atomic Energy sonable and likely to be incurred during jam, chocolate coated prune pieces, and ttie fiscal period March 1, 1970, through low moisture nuggets, granules, and pow Commission February 28, 1971, will amount to der. The amendment would also delete PART 2— RULES OF PRACTICE $304,000. botanicals from the defintion of “non competitive outlets” in paragraph (c). PART 50— LICENSING OF PRODUC It is hereby found that it is impracti Interested persons were given oppor TION AND UTILIZATION FACILITIES tunity to submit written data, views, or cable and contrary to the public interest Miscellaneous Amendments to postpone the effective time hereof until arguments with respect to the proposal. 0 days after publication in the F ederal None were received. The Atomic Energy Commission has Register (5 U.S.C. 553) in that (1) the After consideration of all relevant mat adopted several amendments to its Rules ncrease in the budget set forth does not ter presented, including that in the no of Practice, 10 CFR Part 2, and its reg mvolve an increase in the rate of assess tice, the information and recommenda ulation, Licensing of Production and Uti ment heretofore established by the Sec- tions submitted by the Prune Admin lization Facilities, 10 CFR Part 50, to re ^ <85 F.R, 1I165>; <2> the said istrative Committee, and other available flect the enactment of Public Law 91-560 i185 incurred expenses in ex- information, it is found that the Sub on December 19, 1970. That legislation cess of that previously thought likely to part—Administrative Rules and Regula amended the Atomic Energy Act of 1954, thp (3) is essential that tions should be amended as hereinafter as amended, by, among other things, viHaJ )^;i^ca^10n expenses herein pro set forth. eliminating the requirement that the ved be issued immediately so as that Therefore, it is hereby ordered, That Commission make “a finding in writing . comrnittee can meet its obligations § 993.165(c) be amended by revising sub that any type of utilization or produc divisions (4) through (6) to include diced tion facility has been sufficiently devel duties and functions prunes for use in certain outlets among oped to be of practical value for Indus ln fiscal period in accordance the “noncompetitive outlets” and to de trial or commercial purposes” before the
FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19656 RULES AND REGULATIONS Commission may issue commercial li Holders of construction permits cov timely written notice to the Commission censes under section 103 of the Act for ered by subsection 105c(3) who have not to intervene in the construction permit such facilities. Under Public Law 91-560, yet filed a final safety analysis report proceeding for the facility to obtain a utilization or production _ facilities for should file the necessary application determination of antitrust considera commercial or industrial purposes must pursuant to amended § 50.30. tions or to advance a jurisdictional basis be licensed under section 103. Excepted Pursuant to subsection 105c(8), provi for such determination may, within 25 from this requirement are such facilities sion has been made for the inclusion of days after the date of publication, sub the construction or operation of which a condition in construction permits is mit a written petition for leave to in has previously been licensed under sec sued under section 103 for which the tervene and a request for a hearing on tion I04b of the Act, such facilities con application was pending on December 19, the antitrust aspects of the application. structed and operated under the Coop 1970. The condition will also be included Amendments to § 2.102 of Part 2 pro erative Power Reactor Demonstration in those operating licenses to be issued vide that the Director of Regulation will • Program unless section 103 licensing is for those reactors described in subsec refer and transmit a copy of each appli specifically required by applicable law, tion 105c(3) where intervention on anti cation for a construction permit or an and such facilities for which section 104b trust grounds had been sought at the operating license for a utilization or pro licensing is specifically authorized by law. construction permit hearing. This con duction facility under section 103 of the The legislation also revises the provi dition is intended to assure that findings Act, and each request, in a proceeding sions of section 105c of the Act pertaining and orders of the Commission with re for an operating license for a utilization to antitrust review of facility license spect to antitrust matters under section or production facility under section 104b applications, allows different qualifica 105c of the Act made subsequent to the of the Act; by any person who intervened tions for the membership of the atomic issuance of the permit or license will be or sought by timely written notice to the safety and licensing boards authorized given full force and effect. The condition Commission to intervene in the con by section 191 of the Act, and amends sec will permit the issuance of permits and struction permit proceeding to obtain a tion 182c of the Act to provide for publi licenses in pending cases without undue determination of antitrust considerations cation of an application for a section 103 delay while preserving the Commission’s or to advance a jurisdictional basis for license for a facility for the generation of authority to impose appropriate anti such determination, for an antitrust re commercial power in such trade or news trust conditions if, after such further view under section 105c of the applica publications as the Commission deems proceedings as may be conducted as a tion for an operating license, to the At appropriate to give reasonable notice to result of the Attorney General’s recom torney General as required by section municipalities, private utilities, public mendation or the request of any party 105c of the Act. Subsection 105c(l) pro bodies and cooperatives which might who properly raises an antitrust issue, vides that the Attorney General will, have a potential interest in the facility. the Commission determines such condi within a reasonable time but in no event Subsection 105c (3) of the Act as tions to be appropriate. The condition to exceed 180 days after receipt, render amended by Public Law 91-560 applies to will provide that the license shall be such advice to the Commission as he de holders of construction permits issued subject to an antitrust review by the termines to be appropriate in regard to under section 104b before amendment. Attorney General pursuant to section the finding to be made by the Commis It permits any person who intervened or 105c of the Atomic Energy Act of 1954, sion as to whether the activities under sought by timely written notice to the as amended; that the licensee shall fur the license would create or maintain a Commission to intervene in the construc nish to the Commission such information situation inconsistent with the antitrust tion permit proceeding for the facility as the Attorney General determines to laws specified in section 105a of the Act. to obtain a determination of antitrust be appropriate for the conduct of the The requirements do not apply to an ap considerations or to advance a jurisdic review and the rendering of his advice plication for an operating license for a tional basis for such determination to with respect to the license; that the Com production or utilization facility under obtain an antitrust review of the operat mission may hold a hearing on anti section 103 of the Act» for which the ing license application by written request trust matters on the recommendation construction permit was also issued under made within 25 days after the date of of the Attorney General or at the request section 103, unless the Commission deter publication in the F ederal R egister of of a party to the proceeding; and that mines such review is advisable on the notice of filing of the application for an the licensee shall comply with any order ground that significant changes in _ the operating license or December 19, 1970, or license condition subsequently made licensee’s activities or proposed activities whichever is later. The Commission’s by the Commission pursuant to section have occurred subsequent to the previous regulations at present dc not require the 105c of the Atomic Energy Act of 1954, review by the Attorney General and the filing of a separate application as such as amended, with respect to the activities Commission under section 105c of the for an operating license when the initial licensed therein. Act in connection with the construction application is for a “license to construct Amendments to § 2.101 provide that permit. and operate” a facility. As was contem the notice published in the F ederal R eg The amendments to § 2.102 also pro plated when the legislation was pending, ister of receipt of the application for a vide that the Director of Regulation will the amendments of Part 50 which follow facility license under section 103 of the publish the Attorney General's advice in will require a separate application for Act, except for applications for operat the F ederal R egister promptly upon re an operating license to be filed in con ing licenses for facilities which were ceipt, and will make such advice a part junction with the final safety analysis subject to antitrust review at the con of the record in any proceeding on anti report (§§ 50.30, 50.55
FEDERAL REGISTER, VOL. 35., NO. 251— TUESDAY, DECEMBER 29, 1970 RULES AND REGULATIONS 19657 application for a construction permit or facility for the generation of commercial Attorney General pursuant to section an operating license for a facility, on power is required to identify the appro 105c of the Atomic Energy Act of 1954, which a hearing is required by the Act or priate regulatory agencies having juris as amended; that the licensee shall fur AEC regulations or in which the Com diction over the rates and services of the nish such information to the Commission mission finds that a hearing is required facility, and the trade and news publica as the Attorney General determines to in the public interest for the considera tions in the area where the activity will be appropriate for the conduct of the tion of the antitrust aspects of the ap be conducted which are appropriate to review and the rendering of his advice plication, the notice of hearing will, un give notice to municipalities, private with respect to the license; that the less the Commission determines other utilities, public bodies and cooperatives Commission may hold a hearing on anti wise, state (l) a time of the hearing, which might have a potential intérest in trust matters on the recommendation of which will be as soon as practicable after the facility. It is expected that the in the Attorney General or at the request the receipt of the Attorney General’s ad formation will be supplied after consulta of a person whose interest may be af vice and compliance with section 189a of tion with appropriate agencies. fected by the proceeding and that on the Act and other provisions of Part 2;1 Section 50.33, as amended, also re the basis of ’ its findings made after (2) that the presiding officer will con quires the submission, with an applica such hearing, the Commission will con sider the issue of whether or not the ac tion for a section 103 license (and a tinue, rescind or amend the license to tivities under the proposed license would section 104 operating license as to which include such conditions as the Commis create or maintain a situation incon a person who intervened or sought by sion deems appropriate; and that the li sistent with the antitrust laws as speci timely written notice to the Commis censee shall comply with any order or fied in section 105a of the Act; and (3) sion to intervene in the construction per license condition made by the Commis that matters of radiological health and mit proceeding for the facility to obtain sion pursuant to section 105c of the safety and common defense and security, a determination of antitrust considera Atomic Energy Act of 1954, as amended, and matters'raised under the National tions or to advance a jurisdictional basis with respect to the licensed activities. Environmental Policy Act of 1969, will be for such determination has requested an Section 50.80 of Part 50, which deals considered at another hearing for which antitrust review under section 105 of with transfer of licenses, has been a notice will be published pursuant to the Act within 25 days after the date amended to require that applicants for §2.104 (a) and (b). of publication in the F ederal R egister transfer of a license, if the license will Changes have been made in §§2.721 of notice of filing of the application be issued under section 103, shall furnish and 2.787 to provide for three-member for an operating license or Dec. 19, 1970, such information to the Commission as Atomic Safety and Licensing Boards and whichever is later) such information as the Attorney General determines to be a three-member Atomic Safety and the Attorney General determines to be appropriate for his antitrust review. Licensing Appeal Board comprised of appropriate for his antitrust review. It Since the amendments which follow re one member qualified in the conduct of is anticipated that for pending appli late to matters of procedure and practice, administrative proceedings and two cations, the information submitted to the or merely conform the Commission’s members who shall have such technical Commission to establish financial quali regulations to new statutory provisions, or other qualifications as the Commis fications under § 50.33(f) will form an the Commission has found that general sion deems appropriate to the issues to adequate basis on which to start anti notice of proposed rule making and pub be decided, as permitted by the amend trust review. It is believed that experi lic procedure thereon are unnecessary, ments to section 191 of the Act. ence with these cases will enable the and that good cause exists for making Amendments have been made to Department of Justice to identify with the amendments effective upon publica §§ 2.105, 2.714 and Appendix A of Part 2 more specificity what information should tion in the F ederal R egister. to conform those provisions to the above- be required of applicants in future cases. Pursuant to the Atomic Energy Act of described changes in other sections of 1954, as amended, and sections 552 and Part 2. Section 50.42, which prescribes stand ards for the issuance of section 103 li 5E3 of title 5 of the United States Code, Sections 50.21, 50.22, and 50.41 of Part censes, has been amended to provide the following amendments to Title 10, 50 have been amended to reflect the new that in any hearing on the antitrust as Chapter 1, Code of Federal Regulations, definitions of section 103 and section 104 pects of the application, the Commis Parts 2 and 50, are published as a docu licenses in the Act. Section 50.24 has sion, if it finds that the proposed license ment subject to codification to be effec been deleted, since the substance there would create or maintain a situation in tive upon publication in the F ederal of is now covered, pursuant to Public Law consistent with the antitrust laws as R egister. The Commission invites all in 91-560, in other sections. specified in subsection 105a of the Act, terested persons who desire to submit Section 50.33 has been amended to will consider, in determining whether written comments or suggestions in con reflect the amended provisions of section a license should be issued or continued, nection with the amendments to send 182 of the Act (as has § 50.43). Under such other factors as the Commission them to the Secretary of the Commis deems necessary to protect the public sion, U.S. Atomic Energy Commission, § 50.33, an applicant for a license for a interest, including the need for power Washington, D.C. 20545, Attention: in the affected area. Chief, Public Proceedings Branch, within As permitted by subsection 105c(8) of tl A new § 50.55b has been added to 60 days after publication of this notice in Act, with respect to proceedings in whic Part 50, providing that the Commis the F ederal R egister. Copies of com an application for a construction permit w* ments received may be examined at the . prior to Dec. 19, 1970, and proceeding sion may incorporate a condition in which a written request for antitrust r< construction permits for section 103 fa Commission’s Public Document Room at °£ an application for an operating l! cilities for which the application was 1717 H Street NW., Washington, DC. cense to be issued under section 104b hi pending on December 19, 1970, and op 1. Two sentences are added at the end by a person who intervened c erating licenses for section 104 facilities, of § 2.101(b) of 10 CFR Part 2 to read as sought by timely written notice to the Con follows: ission to intervene in the construction pei as to which a person who intervened or ^,1'P5oceeding for the facility to obtain sought by timely written notice to the § 2.101 Filing of application. tn °f antirust considerations < Commission to intervene in the con * * * * * to advance a jurisdictional basis for such d( struction permit proceeding for the fa (b) * * * The notice published in the within 25 days after the dal cility to obtain a determination of anti F ederal R egister of receipt of the appli n n + w ^ l0 ^ 011 in th e F ederal R egister c trust considerations or to advance a eratinw v filmg of the application for an op jurisdictional basis for such determina cation for a facility license under section later L C^nSe or ^ 19> 197°. whichever : tion within 25 days after the date of 103 of the Act, except for those applica tion 9°mmission may issue a construe publication in the F ederal R egister of tions described in § 2.102(d) (2), will also of crirfeL?1* ?? operating license in advanc state that a person who wishes to have speet to ^ 011 of’ and findings with r< notice of filing of the application for cation^’pth® 8ntltrust aspects of the appl: an operating license or December 19, his views on the antitrust aspects of the S i s s °Vlded’ * * * the P^mit or licem 1970, whichever is later. The condition application presented to the Attorney new § 5
FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19658 RULES AND REGULATIONS sixty (60) days after publication of the to and in accordance with § 2.714, file a facility operating licenses under section notice. The notice published in the F ed petition for leave to intervene and re 104b of the Act as to which any person eral R egister of receipt of the applica quest a hearing on the antitrust aspects intervened or sought by timely written tion for a facility operating license under of the application. The notice will state notice to the Commission to intervene section 104b of the Act will, when appro that petitions for leave to intervene and in the construction permit proceeding to priate, also state that any person who requests for hearing shall be filed within obtain a determination of antitrust con intervened or sought, by timely written 15 days after publication of the notice. siderations or to advance a jurisdictional notice to the Commission, to intervene 3. In § 2.104 of 10 CFR Part 2, para basis for such determination are also in the construction permit proceeding for graph (c) is redesignated as paragraph subject to the provisions of §§ 2.101(b) the facility to obtain a determination of (d), afld a new paragraph (c) is added and 2.102(d). antitrust considerations or to advance a to read as follows: 5^ The first sentence in § 2.714 of 10 jurisdictional basis for such determina CFR Part 2 is amended to read as follows: tion may, within 25 days r itor the date of § 2.104 Notice of hearing. publication, submit a written petition for ♦ * * * * § 2.714 Intervention. leave to intervene and a request for a (c) In the case of an application for a (a) Any person whose interest may be hearing on the antitrust aspects of the construction permit or an operating affected by a proceeding and who desires application. license for a facility on which a hearing to participate as a party shall file a writ 2. A new paragraph (d) is added tois required by the Act or this chapter, ten petition under oath or affirmation § 2.102 of 10 CFR Part 2 to read as or in which the Commission finds that a for leave to intervene not later than the follows: hearing is required in the public interest, time specified in the notice of hearing, for the consideration of the antitrust or as permitted by the presiding officer, §2.102 Administrative review of appli aspects of the application, the notice of except as provided in § 2.102(d) (3). * * * catio n . hearing will, unless the Commission * * * * 4i ***** determines otherwise, state, in implemen (d) (1) The Director of Regulation tation of paragraph (a) (1) and (3) of 6. Paragraphs (a) and (b) of § 2.721 will refer and transmit a copy of, each ap this section, of 10 CFR Part 2 are amended to read plication for a construction permit or (1) A time of the hearing, which will as follows: an operating license for a utilization or be as soon as practicable after the receipt § 2.721 Atomic safety and licensing production facility under section 103 of of the Attorney General’s advice and b o ard s. the Act (and each request, in a proceed compliance with sections 105 and 189a of (a) The Commission may from time ing for an operating license for a utili the Act and other provisions of this to time establish one or more atomic zation or production facility under sec part; * safety and licensing boards, each com tion 104b of the Act, by any person who (2) That the presiding officer will'con prised of three members, one of whom intervened or sought by timely written sider the issue of whether or not the will be qualified in the conduct of ad notice to the Commission to intervene activities under the proposed license ministrative proceedings and two of in the construction permit proceeding would create or maintain a situation in whom shall have such technical or other to obtain a determination of antitrust consistent with the antitrust laws as qualifications as the Commission deems considerations or to advance a jurisdic specified in section 105a of the Act; and appropriate to the issues to be decided, tional basis for such determination* for (3) That matters of radiological health to preside in such proceedings for grant an antitrust review under section 105c and safety and common defense and ing, suspending, revoking, or amending of the application for an operating li security, and matters raised under the licenses or authorizations as the Com cense) to the Attorney General as re National Environmental Policy Act of mission may designate. quired by section 105c of the Act. 1969, will be considered at another hear (b) The Commission may designate (2) The requirements of subparagraph ing for which a notice will be published an alternate qualified in the conduct of (1) of this paragraph (d) do not apply pursuant to paragraphs (a) and (b) of administrative proceedings, or an alter to an application for an operating license this section, unless otherwise authorized nate having technical or other qualifica for a production or utilization facility by the Commission. tions, or both, for an atomic safety and under section 103 of the Act for which * * * ♦ * licensing board established pursuant to the construction permit was also issued 4. A new paragraph (f) is added to paragraph (a) of this section. If a mem under section 103, unless the Commis § 2.105 of 10 CFR Part 2 to read as ber of a board becomes unavailable be sion determines, after consultation with follows: fore the hearing commences, the Chair the Attorney General, that such review man of the Atomic Safety and Licensing is advisable on the ground that signifi § 2.105 Notice of proposed action. Board Panel may constitute the alternate cant changes in the licensee’s activities * * * * ♦ qualified in the conduct of administrative or proposed activities have occurred sub (f) Applications for facility licenses proceedings, or the alternate having sequent to the previous review by the under section 103 of the Act and for technical or other qualifications, as ap Attorney General and the Commission propriate, as a member of the board by under section 105c of the Act in connec 2 As permitted by subsection 105c(8) of notifying the Commission and the alter tion with the construction permit. the Act, with respect to proceedings in which nate who will, as of the date of such (3) The Director of Regulation will an application for a construction permit was notification, serve as a member of the cause the Attorney General’s advice re filed prior to Dec. 19, 1970, and proceedings board. ceived pursuant to subparagraph (1) of in which a written request for antitrust review of an application for an operating * * * * * this paragraph (d) to be published in license to be issued under section 104b has 7. Section 2.787 of 10 CFR Part 2 is the F ederal R egister promptly upon re been made by a person who intervened or amended to read as follows: ceipt, and will make such advice a part sought by timely written notice to the Com of the record in any proceeding on anti mission to intervene in the construction per § 2.787 Composition of Atomic Safety trust matters conducted in accordance mit proceeding for the facility to obtain a and Licensing Appeal Board. with subsection 105c(5) and section 189a determination of antitrust consideration or The Atomic Safety and Licensing Ap of the Act. The Director of Regulation to advance a jurisdictional basis fcr such determination within 25 days after the date peal Board will be composed of either- will also cause to be published in the of publication in the F ederal R egister of the Chairman and Vice Chairman of the F ederal R egister a notice that the At notice of filing of the application for an Atomic Safety and Licensing Board Pah®* torney General has not rendered any operating license or Dec. 19, 1970, whichever and a third member of the panel who is such advice. Any notice published in the is' later, the Commission may issue a con technically qualified, designated by the F ederal R egister pursuant to this sub- struction permit or operating license in Commission for each proceeding; or, paragraph will also include a notice of advance of consideration of, and findings with respect to, the antitrust aspects of the in those proceedings involving antitrus hearing, if appropriate, or will state that application: Provided, That the permit or considerations, the Chairman of tn any person whose interest may be af license so issued contains the conditions Atomic Safety and licensing Board Pan fected by the proceeding may, pursuant specified in § 50.55b of this chapter. and two members of the panel who na
FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 ' RULES AND REGULATIONS 19659 qualifications deemed appropriate to the cense for a utilization or production facility issued contains the condition specified Jn under section 104b of the Act by any person § 50.55b of this chapter. issues to be decided, designated by the who intervened or sought by timely written (f) Hearings on antitrust aspects will be Commission for each proceeding, as ap notice to the Commission to intervene in the conducted by atomic safety and licensing propriate. construction permit proceeding to obtain a boards, each comprised of three members, 8. The sixth paragraph of the intro determination of antitrust considerations or one of whom will be qualified in the conduct ductory statement in Appendix A of 10 to advance a jurisdictional basis for such of administrative proceedings and two of CFR Part 2 is amended to read as determination, for an antitrust review under whom will have such technical or other qual section 105c of the application for an oper ifications as the Commission deems appropri follows: ating license, to the Attorney General as ate to the issues to be decided, or by a hear Atomic safety and licensing boards are required by section 105c of the Act. Under ing examiner. appointed from time to time by the Atomic that section, the Attorney General will, with (g) When the Attorney General has ad Energy Commission to conduct hearings in in a reasonable time, but in no event to vised that there may be adverse antitrust licensing cases under the authority of sec exceed 180 days after receipt, render such aspects and recommends that a hearing be tion 191 of the Act. Section 191 authorizes advice to the Commission as he determines held, the Attorney General or his designee the Commission to establish one or more to be appropriate in regard to the finding to may participate as a party in the proceedings. atomic safety and licensing boards to con be made by the Commission as to whether (h) At the hearing, the board will give due duct public hearings and to make inter the activities under the license would create consideration to the advice received from the mediate or final decisions in administrative or maintain a situation inconsistent with Attorney General and to evidence pertaining proceedings relating to granting, suspend the antitrust laws specified in section 105a to antitrust aspects received at the hearing. ing, revoking or amending licenses or au of the Act. (i) The board will, in its initial decision, thorizations issued by the Commission. It (2) Such review is not required for appli make e, finding as to whether the activities requires that each board consist of one cations for operating licenses for production under the proposed license would create or member who is qualified in the conduct of or utilization facilities under section 103 of maintain a situation inconsistent with the administrative proceedings and two mem the Act for which the construction permit antitrust laws as specified in section 105a of bers who have such technical or other qual was also issued under section 103, unless the the Act. If the board finds that such a situ ifications as the Commission deems appro Commission determines, after consultation ation would be created or maintained, it priate to the issues to be decided. Members with the Attorney General, that such review will consider, in determining whether - the for each board may be appointed by the is advisable on the ground that significant permit or license should be issued or con Commission from a panel selected from pri changes in the licensee’s activities or pro tinued, such other factors as the board in its vate life, the staff of the Commission or posed activities have occurred subsequent to judgment deems necessary to protect the other Federal agencies. the previous review by the Attorney General public interest, including the need for power and by the Commission under section 105c in the affected area. The concept of certainty 9. A new section V in is added to Ap of the Act in connection with the of contravention of the antitrust laws or the pendix A of 10 CFR Part 2 to read as construction permit. policies clearly underlying these laws is not follows: (d) The Director of Regulation will pub intended to be implicit in this standard; nor lish the Attorney General’s advice in the is mere possibility of inconsistency. It is VIII. Proceedings for the Consideration F ederal Register promptly upon receipt, and intended that the finding be based on rea of Antitrust Aspects of Facility License will make such advice a part of the record sonable probability of contravention of the Applications in any proceeding on antitrust matters con antitrust laws or the policies clearly under (a) Under the Atomic Energy Act of 1954, ducted in accordance with subsection 105c(5) lying these laws. It is intended that, in effect, as amended, the Commission is required, and section 189a of the Act. The Director of the board will conclude whether, in its Judg with respect to applications for construc Regulation will also publish in the F ederal ment, it is reasonably probable that the ac tion permits or operating licenses for pro Register a notice that the Attorney General tivities under the license would, when the duction and utilization facilities for indus has not rendered any such advice. The notice license is issued or thereafter, be inconsistent trial or commercial purposes licensed under published in the Federal Register will also with any of the antitrust laws or the policies section 103, which include power reactors include a notice of hearing, if appropriate, or, clearly underlying these laws. subject to the mandatory hearing require if the Attorney General has not recommended (j) On the basis of its findings, the board ments of section 189a of the Act, and some a hearing, will state that any person whose may (i) authorize the issuance of the permit facilities for industrial or commercial pur interest may be affected by the proceeding or license after favorable consideration of poses licensed under section 104b of the Act may, pursuant to and in accordance with matters of radiological health and safety and under the “grandfather” clause of section § 2.714, file a petition for leave to intervene common defense and security, and matters 102b of the Act, to follow procedures for and request a hearing on the antitrust raised under the National Environmental antitrust review in section 105 of the Act. aspects of the application. The notice will Policy Act of 1969, at the hearing described This section outlines the procedures used by state that petitions for leave to intervene in sections I-VI of this appendix; (ii) au the Commission to implement that section. and requests for hearing shall be filed within thorize the continuation of a permit or li cense already issued; (iii) direct the denial (b) When an application for a construc 15 days after publication of the notice. (e) If a hearing on antitrust aspects of of the application for the permit or license, tion permit or an operating license for a or the rescission of a permit or license already facility under section 103 of the Act subject the application is requested, or is recom mended by the Attorney General, it will gen issued; or (iv) authorize the issuance of a to antitrust review under section 105 is re permit or license subject to appropriate con ceived, the notice of receipt of application erally be held separately from the hearing held on matters of radiological health and ditions, and subject to favorable considera published in the F ederal R egister will state tion of matters of radiological health and that persons who wish to have their views safety and common defense and security described in sections I-VI of this appendix. safety and common defense and security, and on the antitrust aspects of the applicatioi matters raised under the National Environ presented to the Attorney General for con' The notice of hearing will fix a time for the hearing, which will be as soon as practicable mental Policy Act of 1969 at the hearing de- ^deration shall submit such views to th< cribed in section I-VI of this appendix. Commission within sixty (60) days afte: after the receipt of the Attorney General’s publication of the notice. The notice pub advice and compliance with section 189a of 10. Paragraph (b) of § 50.21 of 10 CFR lished in the Federal Register of receipt o the Act and other provisions of this part. Part 50 is revised to read as follows: the application for a facility operating li However, as permitted by subsection 105c(8) cense under section 104b of the Act will of the Act, with respect to proceedings in § 50.21 Class 104 licenses; for medical when appropriate, state that any person wh< which an application for a construction therapy and research and develop intervened or sought, by timely written no permit was filed prior to December 19, 1970, m ent facilities. wee to the Commission, to intervene in th< and proceedings in which a written request construction permit proceeding for the fa for antitrust review of an application for an A class 104 license will be issued, to an ty to obtain a determination of antitrus operating license to be issued under section applicant who qualifies, for any one or 104b has been made by a person who inter more of the following: to transfer or w 1(f rations or to advance a jurisdiction vened or sought by timely written notice Hot18 « such determinatton may, within 21 receive in interstate commerce, manu a the date of publication, subml to the Commission to intervene in the con facture, produce, transfer, acquire, pos petition for leave to intervene an< struction permit proceeding for the facility sess, use, import, or export under the quest for a hearing on the antitrust as to obtain a determination of antitrust con Pects of the application. sideration or to advance a jurisdictional basis terms of an agreement for cooperation: for such determination within 25 days after ***** r e S o i1A The S e c to r of Regulation wil the date of publication in the Federal for a ^ ^ ? nsrnit a c°Py of each applicatioi Register of notice of filing of the application (b) (1) A production or utilization licenRft .^ ru ction permit or an operating for an operating license or December 19, facility the construction or operation r ^-Utilization or production fadlit1 1970, whichever is later, the Commission may of which was licensed pursuant to sub ^ Cti°n 103 of the Act, and each re issue a construction permit or operating li section 104b of the Act prior to Decem s > m a proceeding for an operating 11' cense, provided that the permit or license so ber 19,1970;
No. 251---- 2 FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19660 RULES AND REGULATIONS
(2) A production or utilization facil bodies, and cooperatives, which might an application for a license to operate a ity for industrial or commercial purposes have a potential interest in the facility. production or utilization facility for constructed or operated under an ar * * * * * which a class 103 construction permit was rangement with the Commission entered (k) If the application is for a class 103 issued unless the Commission, after con into under the Cooperative Power Re permit or license, or for a class 104 oper sultation with the Attomtey General, actor Demonstration Program, except as ating license as to which a person who determines such review is advisable on otherwise specifically required by ap intervened or sought by timely written the ground that significant changes in plicable law; and notice to the Commission to intervene the licensee’s activities or proposed activ (3) A production or utilization facil in the construction permit proceeding ities have occurred subsequent to the ity for industrial or commercial purposes, for the facility to obtain a determina previous review by the Attorney General when specifically authorized by law. tion of antitrust considerations or to ad and the Commission. Upon receipt of the * * * * * * vance a jurisdictional basis for such de Attorney General’s advice, the Commis 11. Section 50,22 of 10 CPR Part 50 is termination has requested an antitrust sion will cause such advice to be pub review under section 105 of the Act with lished in the F ederal R egister. After revised to read as follows: consideration of the antitrust aspects of in 25 days after the date of publication the application, the Commission, if it § 50.22 Class 103 licenses; for commer in the F ederal R egister of notice of cial and industrial facilities. filing of the application for an operating finds that the license to be issued or A class 103 license will be issued, to an license or December 19, 1970, whichever continued, would create or maintain a is later, such information as the Attor situation inconsistent with the antitrust applicant who qualifies, for any one or laws as specified in subsection 105a of more of the following: To transfer or re ney General determines to be appropri the Act, will consider, in determining ceive in interstate commerce, manufac ate in -regard to the finding to be made whether a license should be issued or ture, produce, transfer, acquire, possess, by the Commission as to whether the continued, such other factors as the use, import, or export under the terms activities to be licensed would create or Commission in its judgment deems neces of an agreement for cooperation, a pro-, maintain a situation inconsistent with sary to protect the public interest, in duction or utilization facility for indus the antitrust laws specified in section cluding the need for power in the affected trial or commercial purposes. 105a of the Act. area.3 15. The note following § 50.41 of 10 § 50.24 [Deleted] CFR Part 50 is deleted and § 50.41(c) 17. Paragraph (a) of § 50.43 is 12. Section 50.24 is deleted. is revised to read as follows: amended to read as follows : 13. Paragraph (d) of § 50.30 of 10 CFR § 50.43 Additional standards and provi Part 50 is redesignated as paragraph (e) § 50.41 Additional standards for class sions affecting class 103 licenses for and a new paragraph (d) is added to read 104 licenses. commercial power. * * * * * as follows: In addition to applying the standards (c) An application for.a class 104 op § 50.30 Filing of applications for li set forth in §§ 50.40 and 50.42, in the case censes; oath or affirmation. erating license as to which a person who of a class 103 license for a facility for the intervened or sought by timely written generation of commercial power: * * * * * notice to the Commission to intervene (d) The holder of a construction per (a) The Commission will give notice in the construction permit proceeding for in writing of each application to such mit for a production or utilization fa the facility to obtain a determination of regulatory agency as may have jurisdic cility shall, at the time of submission of antitrust considerations or to advance tion over the rates and services incident the final safety analysis report, file an a jurisdictional basis for such deter to the proposed activity; will publish application for an operating license or mination has requested an antitrust ret notice of the application in such trade an amendment to an application for a view under section 105 of the Act within or news publications as it deems appro license to construct and operate a pro 25 days after the date of publication in priate to give reasonable notice to munic duction or utilization facility for the issu the F ederal R egister of notice of filing ipalities, private utilities, public bodies, ance of an operating license, as appro of the application for an operating li and cooperatives which might have a priate. The application or amendment cense or December 19, 1970, whichever potential interest in such utilization or shall state the mime of the applicant, the is later, is also subject to the provisions production facility; and will publish name, location and power level, if any, of § 50.42(b). of the facility and the time when the 16. Paragraph (b) of § 50.42 is notice of the application once each week facility is expected to be ready for op amended to read as follows: for 4 consecutive weeks in the F ederal eration, and may incorporate by refer R egister. N o license will be issued by the § 50.42 Additional standards for class ence any pertinent information sub Commission prior to the giving of such mitted irf accordance with § 50.33 with 103 licenses. * * * * * notices and until 4 weeks after the last the application for a construction permit. publication in the F ederal R egister. ***** (b) Due account will be taken of the advice provided by the Attorney General, ***** 14. In § 50.33, paragraph (i) is amend pursuant to subsection 105c of the Act, ed and a new paragraph (k) is added to and to such evidence as may be provided 3 As permitted by subsection 105c(8) of read as follows: the Act, with respect to proceedings in whicn during any proceedings in connection an application for a construction permit was § 50.33 Contents of applications; gen with the antitrust aspects of the applica filed prior to Dec. 19, 1970, and proceedings eral information. tion. For this purpose, the Commission In which a written request for antitrus will promptly transmit to the Attorney review of an application for an operating * * * * * General a copy of the license application, License to be issued under section 104b n (i) If the proposed activity is the genand request such advice as the Attorney been made by a person who intervened o sought by timely written notice to the Co - eration and distribution of electric en General determines to be appropriate in mission to intervene in the constructs ergy under a class 103 license, a list of regard to the finding to be made by the permit proceeding for the facility to ob the names and addresses of such reg Commission as to whether the proposed a determination of antitrust considers« license would create or maintain a situa or to advance a jurisdictional basis for su ulatory agencies as may have jurisdic tion inconsistent with the antitrust laws, determination within 25 days after the a tion over the rates and services inci as specified in subsection 105a of the Act: of publication in the Federal Register ° dent to the proposed activity, and a Provided, That this requirement will not notice of filing of the application for apply with respect to the types of class operating license or Dec. 19, 1970, n. list of trade and news publications which Is later, the Commission may issue a circulate in the area where the proposed 103 licenses which the Commission, with struotion permit or operating license activity will be conducted and which the approval of the Attorney General, advance of consideration of, and find e may determine would not significantly with respect to the antitrust aspectso are considered appropriate to give rea affect the applicant’s activities under the application, provided that the Per“~ , . n sonable notice of the application to those antitrust laws: And provided further, license so issued contains the con municipalities, private utilities, public That this requirement will not apply to specified in § 50.55b.
FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 RULES AND REGULATIONS 19661 18. Paragraph (d) of § 50.55 is posed transferee as would be required by filing fee is $1,500 for each participating amended to read as follows: those sections if the application were for institution. an initial license, and, if the license to be § 50.55 Conditions of construction per issued is a class 103 license, such informa § 8.8 Filing fee for new bank charter m its. tion as the Attorney General deems ap applications. Each construction permit shall be propriate in regard to the finding to be A filing fee of $2,500 is assessed for subject to the following terms and made by the Commission as to whether investigating and processing each ap conditions: the transfer of the license would create plication to organize a new national * * * * * or maintain a situation inconsistent with bank. . (d) At or about the time of completion the antitrust laws. * * * Dated: December 23, 1970. ***** of the construction or modification of the [seal! William B. Camp, facility, the applicant will file any addi (Secs. 102, 103, 104, 105, 161, 182, 189, 68 Stat. Comptroller of the Currency. tional information needed to bring the 948, 953, 955, as amended, 84 Stat. 1472; 42 original application for license up to U.S.C. 2132-2135, 2201, 2233, 2239) [F.R. Doc. 70-17501; Filed, Dec. 24, 1970; 9:53 a.m.J date, and will file an application for an Dated at Washington, D.C., this 23d operating license or an amendment to an day of December 1970. application for a license to construct Chapter II— Federal Reserve System and operate the facility for the issuance For the Atomic Energy Commission. SUBCHAPTER A— BOARD OF GOVERNORS OF of an operating license, as appropriate, F. T. H obbs, as specified in § 50.30(d). Acting Secretary of the Commission. THE FEDERAL RESERVE SYSTEM 19. A new § 50.55b is added to read as [Regs. D, J, M, and 7] follows: [F.R. Doc. 70-17444; Piled, Dec. 28, 1970; 8:47 am.] MISCELLANEOUS AMENDMENTS TO § 50.55b Conditions of construction per SUBCHAPTER mits and operating licenses pertain ing to antitrust matters. Subchapter A of Chapter n of Title 12 The Commission may incorporate, in Title 12— BANKS AND BANKING is amended as follows: construction permits for production or Chapter I— Bureau of the Comptroller PART 204— RESERVES OF MEMBER utilization facilities of the type described in § 50.22 for which applications were on of the Currency, Department of the BANKS file on December 19, 1970, and in operat Treasury 1. Effective immediately Part 204 ing licenses for production or utilization PART 8— ASSESSMENT OF FEES; (Reg. D) is amended by changing the facilities of a type described in §§ 50.22 heading of § 204.5 to read as follows: and 50.21(b) (i), as to which a person NATIONAL BANKS, DISTRICT OF who intervened or sought by timely writ COLUMBIA BANKS § 204.5 Reserve requirements. * * * ♦ * ten notice to the Commission to intervene Semiannual Assessment, Filing Fees in the construction permit proceeding for the facility to obtain a determination of for Applications for Mergers and antitrust considerations or to advance a New Bank Charters PART 210— COLLECTION OF CHECKS AND OTHER ITEMS BY FEDERAL jurisdictional basis for such determina The Comptroller of the Currency has tion within 25 days after the date of pub determined pursuant to the authority RESERVE BANKS lication in the F ederal R egister of notice contained in R.S. 5240, as amended, 12 2. In the revision of Part 210 (Reg. of filing of the application for an operat U.S.C. 482; section 3, 47 Stat. 1566, 26 J) appearing at 32 F.R. 10912, July 26, ing license or December 19, 1970, which D.C. Code 102, that the following revised 1967, the interpretations were erro ever is later, a condition to the effect that assessments are necessary and hereby neously omitted; §§210.101 and 210.102 the license shall be subject to an antitrust finds that public procedure thereon is read as follows : review by the Attorney General pursuant impracticable, unnecessary, and con to section 105c of the Atomic Energy Act trary to the public interest. The amended I nterpretations of 1954, as amended; that the licensee assessments will become effective Janu §210.101 Domestic branch of foreign shall furnish to the Commission such ary 1, 1971. bank a “nonmember clearing bank.” information as the Attorney General Part 8, Chapter 1, Title 12 of the Code determines to be appropriate for the con of Federal Regulations, is amended by (a) The Board has been asked duct of the review and the rendering of revising §§8.2, 8.4, and 8.8 to read as whether a branch in this country of a ms advice with respect to the license; follows: foreign bank is a “nonmember bank” that the Commission may hold a hearing within the meaning of section 13, para on antitrust matters on the recommenda § 8.2 Semiannual assessment. graph 1, of the Federal Reserve Act (12 tion of the Attorney General or at the The semiannual assessment consists of U.S.C. 342) and, therefore, an institu request of any person whose interest may a basic assessment of $200 plus 4% cents tion of the kind for which a Federal Re affected by the proceeding; that on per $1,000 of total assets and $50 for each serve Bank may open and maintain a the basis of its findings made after such branch. The expense of examination of nonmember clearing account pursuant hearing, the Commission will continue, banks is assessed semiannually as of the to the statute. rescind, or amend the license to include dates of the second and fourth reports of (b) According to the information such conditions as the Commission deems condition of each year and is based pri before the Board, the foreign bank is an appropriate; and that the licensee shall marily on the total assets shown in such incorporated commercial banking insti comply with any order or license condi reports. Each bank subject to the juris tution. The branch is licensed by the tion made by the Commission pursuant diction of the Comptroller of the Cur bank supervisory authority of the State rJf in?!011 lOiic of the Atomic Energy Act rency on such dates is subject to the full in which it is located. The business of i 1954, as amended, with respect to the assessment without proration for any the branch does not appear to differ licensed activities. reason. essentially from that usually conducted « 3 P 16 first sentence of § 50.80(b) is by a commercial bank; and, under the amended to read as follows: § 8.4 Filing fee for applications for law of the State, the branch is subject m erg ers. to regulation and supervision compar § 50.80 Transfer of licenses. A filing fee of $3,000 is assessed for able in important respects to that appli investigating and processing each appli cable to State-chartered banks. aPPlication for transfer of a cation for a merger, consolidation, or (c) The Board has concluded that fnrmtvSha11 include as much of the in- purchase of assets and assumption of such a branch, being à "bank” within ormation described in §§ 50.33 and 50.34 liabilities. When three or more banks the definition of that term in section 1, anri ■R«Spec?' ^entity and technical are involved in each merger, consolida paragraph 2, of the Act (12 U.S.C. 221), financial qualifications of the pro- tion, or purchase and assumption, the but ineligible for membership in the
FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19662 RULES AND REGULATIONS Federal Reserve System under section 9 § 213.101 was erroneously omitted; [Reg. Q] of the Act (12 U.S.C. 321), is a “non § 213.101 reads as follows: PART 217— INTEREST ON DEPOSITS member bank” to which nonmember §213.101 Loans to executive officers of clearing privileges may be made avail foreign branches of national and Methods of Computing Simple Daily able in the discretion of the Federal S tate m em b e r b an k s. Interest Reserve Bank of the district pursuant to section 13, paragraph 1, of the Act. For text of this interpretation, see 1. Effective January 1, 1971, § 217.3(e) § 215.103 of this subchapter. is amended to read as follows: § 210.102 Private bank a “nonmember (Interprets or applies 12 U.S.C. 604a) clearing bank”. § 217.3 Interest on time and savings (a) In connection with the matters 4. Effective immediately, Part 213 deposits. covered under §§ 210.101 and 215.104 of (Reg. M) is amended as follows: ***** this subchapter (Reg. J and Reg. O), the a. The reference to footnote 1 immedi (e) Computation of interest. In the Board has been asked whether a private ately following the title of Part 213 is computation of simple daily interest, the bank, as described below, may be prop deleted, and footnote 1 is deleted. time factor should be expressed as a frac erly regarded as a “nonmember bank” § 213.1 [Amended] tion in Which the actual number of days within the meaning of section 13, para the funds earn interest is the numerator, graph 1, of the Federal Reserve Act (12 b. The reference to footnote la in and the denominator is either 360, 365, § 213.1 is redesignated as a reference to or, in a leap year, 366. However, when U.S.C. 342) and, therefore, as a bank of 1 the kind for which a Federal Reserve footnote , and footnote la is redesig a deposit matures in 1 month (or mul Bank may open and maintain a non nated footnote 1. tiples thereof), the bank may use 30 c. In § 213.1, the reference to footnote days in the numerator (or correspond member clearing account pursuant to 2 immediately following the words “the the statute. ing multiples thereof). Federal Reserve Act” is deleted, and ***** (b) Private banks are unincorporated footnote 2 is deleted. and, therefore, ineligible for member d. In § 213.1, a reference to footnote 2 2. Effective January 1,1971, § 217.6(b) ship in the Federal Reserve System is amended to read as follows: under section 9 of the Federal Reserve is added immediately following the last word of that section, and footnote 2 is § 217.6 Advertising of interest on de Act (12 U.S.C. 321). The private bank “ 2 with respect to which the question arose added to read: The subject matter of posits. this part is in addition to that contained * * * * * operates pursuant to authority in the law in 12 CFR Part 211 (Reg. K ).” of the State of its location, conducts a (b) Percentage yields based on 1 year. banking business similar to that of in Where a percentage yield achieved by corporated commercial banks, and main PART 222— BANK HOLDING compounding interest during 1 year is tains required reserves pursuant to State COMPANIES advertised, the annual rate of simple in law. Such private bank is examined § 222.122 [Amended] terest shall be stated with equal promi periodically by and submits reports of nence, together with a reference to the condition to the State authority respon 5. Effective Immediately, Part 222 sible for its supervision pursuant to the (Reg. Y) is amended by changing foot basis of compounding. No member bank law of the State wherein it maintains note 1 in § 222.122 to read as follows: shall advertise a percentage yield based banking offices. It seems clear that the on the effect of grace periods permitted private bank conforms to the policy and x Insofar as the 1958 interpretation re in § 217.3(d). terms set forth by Congress for engag ferred to above suggested that the branch ***** ing in the banking business, whether by banking laws are an appropriate general test individuals, firms, corporations, or other for determining the scope of the servicing 3a. Notice of proposed rulemaking organizations, in section 21(a) (2) of the exemption, such interpretation is hereby with respect to this amendment was pub modified. In view of the different purposes to Banking Act of 1933, as amended (12 be served by the branch banking laws and lished in the F ederal R egister on Oc U.S.C. 378). by section 4 of the Bank Holding Company tober 17, 1970 (35 F.R. 16324). The prin (c) The Board is of the opinion that, Act, the Board has concluded that basing cipal effect of this amendment is to au in view of the foregoing and in the light determinations under the latter solely on of its conclusion in § 210.101, any such the basis of determinations under the former thorize the use of a 360-day basis in private bank constitutes a “bank” within is inappropriate. computing simple daily interest for a the definition of that term in section 1, 6a. The purpose of these corrections deposit with any maturity. An accom paragraph 2, of the Federal Reserve Act and amendments is to include in the panying interpretation indicates that a (12 U.S.C. 221). and a “nonmember bank” member bank may use the 360-day basis under the language of section 13, para Code of Federal Regulations interpreta graph 1, of the Act, Accordingly, a Fed tions that were inadvertently deleted and in compounding interest daily or contin eral Reserve Bank, in its discretion, may to make editorial changes in headings uously on time and savings deposits. make available to any such private bank and footnotes so as to make them b. Effective date was deferred for less in the district nonmember clearing priv current. than the 30-day period referred to in ileges as described in the statute. section 553(d) of title 5, United States (d) These views of the Board super b. The requirements of section 553, title 5, United States Code, with respect Code, because the effect of the amend sede the interpretation regarding private ment is to relax an existing rule and banks published at 1917 Federal Reserve to notice, public participation, and de Bulletin 693 and any other interpreta ferred effective date were not followed in the Board believes that making the tions to the extent that they conflict with connection with these amendments be amendment effective at the beginning these views, and to that extent such in cause they are editorial in nature and do of a calendar year might facilitate ad terpretations are hereby revoked. not change any substantive rule. ministration of ihe* regulation. & > (Interprets or applies 12 U.S.C. 342) By order of the Board of Governors, By order of the Board of Governors, December 21,1970. December 22, 1970. PART 213— FOREIGN ACTIVITIES OF [seal] K enneth A. K enyon, [seal] K enneth A. K enyon, NATIONAL BANKS Deputy Secretary. Deputy Secretary. 3. In the revision of Part 213 (Reg. M) [F.R. Doc. 70-17451; Filed, Dec. 28, 1970; [F.R. Doc. 70-17462; Filed, Dec. 28, 1970; appearing at 32 F.R. 4399, March 23,1967, 8:48 a.m.] 8:50 a.m.]
FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 RULES AND REGULATIONS 19663
[Beg. Q] where A is the final amount, P is the provide that the Shipper’s Export Decla amount on which interest is com ration be in the possession of the carrier PART 217— INTEREST ON DEPOSITS pounded, R is the annual rate of simple prior to departure instead of prior to Payment and Computation of Interest interest, M is the number of compound loading. ing periods in a year, and N is the actual These regulations are issued under the § 217.151 Payment and computation of number of periods for which interest is authority of title 13, United States Code, interest on time and savings deposits. compounded. When compounding inter section 302; and 5 U.S.C. 301; Reorga The Board has expressed the following est quarterly, M =4; compounding nization Plan No. 5 of 1950, Department views relating to the payment and com monthly, M=12; and compounding daily, of Commerce Organization Order No. putation of interest on deposits. Af=360, 365, or 366. For example, a bank 35-2A, April 8, 1969, 34 F.R. 6703. (a) The maximum rate of simple in may compound 5 percent interest daily 1. Section 30.22(c) is amended to read terest that a member bank may pay on on a $10,000 deposit for 91 days in ac as follows: a deposit is established by § 217.7 of Reg cordance with either of the following: § 30.22 Requirements for the filing of ulation Q. In January 1970, the Board A=$10,000 ( a or $10,127.18; or Shipper’s Export Declarations by established certain rates on deposits with y 360 y departing carriers. a maturity of “1 je a r or more”. To qual $ * $ * * A=$10,000 ( 1 + ^ ^ ^ n or $10,125.43. ify for a rate that may be paid on such y 365 / a deposit, the deposit must not mature (c) The exporting carrier shall be re before 1 full year—365 or 366 days as the (Interprets and applies 12 U.S.C. 371b and sponsible for the accuracy of the follow case may be—from the date of deposit.1 461.) ing items of information (where re (b) The formula for the computation By order of the Board of Governors, quired) on the declaration: port of of simple interest is A—P (1+RT) where December 22, 1970. exportation, name and flag of vessel or A is the final amount, P is the amount air carrier, foreign port of unloading, [seal] K enneth A. K enyon, method of transportation, and pier or on which interest is computed, R is the Deputy Secretary. annual rate of simple interest and T is airport where the goods are laden. the time period. Effective January 1, [F.R. Doc. 70-17463; Filed, Dec. 28, 1970; 2. Section 30.42(a) is amended to read 1971, § 217.3(e) of Regulation Q was 8:50 a.m.] as follows: amended to authorize the use of 360 or § 30.42 Authorization for waiver of the 365 (or 366 in a leap year) as the de requirements for advance presenta nominator of a fraction in which the tion and authentication of Shipper’s numerator is the actual number of days Title 15— COMMERCE AND E x p o rt D eclaratio n s. the deposit earns interest. For example, (a) General procedure—(1) Scope. a bank would be permitted to consider FOREIGN TRADE (i) Notwithstanding the provisions of the time factor on a 295-day deposit as Subparts A and B of this part, the pro 29%65 or 29%60- On a 360-day deposit, Chapter I— Bureau of the Census, cedures set forth in subparagraphs (1) the fraction could be 36%65 or 36%6o; Department of Commerce through (5) of this paragraph may be it could not be 36%go- Additionally, utilized in lieu of the requirements re § 217.3(e) authorizes in the numerator PART 30— FOREIGN TRADE lating to advance presentation and au of the time fraction the use of 30 days STATISTICS thentication of Shipper’s Export Decla (or multiples thereof) for deposits of 1 Domestic Carriers’ Participation in- rations for general license shipments month (or corresponding multiples made by air or water carriers and thereof), For example, on a deposit made Procedures Permitting Waiver of destined to Country Groups T, V, and X, February 1 for 1 month, the time frac Authentication of Shipper’s Export as defined in Supplement No. 1 to Fart tion could be stated as 3%eo or 3%65, or Declarations for Selected Shipments 370 of the Export Control Regulations 2%eo or 2%65. (Parts 368-399 of this title). Under this (c) Section 217.3(a) provides that the On September 10,1970, a notice of pro posed rule making was published in the procedure Shipper’s Export Declarations effects of compounding may be disre may be delivered to the exporting carrier garded in determining whether a mem F ederal R egister (35 F.R. 14267) stat ing that the Bureau of the Census was or his shipping agent at the port of ex ber bank is paying interest in excess of port, or to a domestic airline at or near the rates established in § 217.7. The considering new regulations which would (1) permit participation in the NAR pro the point of origin of the cargo for de formula for continuous compounding is livery to the exporting airline, without A~PeRT where A is the final amount, cedure by domestic air carriers delivering export eargo to an exporting air carrier first having been authenticated by the P is the amount on which interest is Customs Office. (For purposes of this compounded, e is the base for Napierian at the port of export; (2) provide that or natural logarithms, R is the annual exporting carriers have responsibility regulation a “domestic airline” is one rate of simple interest, and T is the time for the completeness and accuracy of se that holds a certificate of pubilc con period. T may be expressed as a fraction lected items of information on the venience and necessity issued by the Civil in which the numerator is the actual Shipper’s Export Declaration, such as Aeronautics Board for scheduled serv number of days the funds earn interest name and flag of carrier, port of loading, ice pursuant to section 401(d) (1) or and the denominator may be either 360, etc., whether or not^such carriers were 401(d)(2) of the Federal Aviation Act 365, or, in the case of a leap year, 366. participants in the NAR procedure; and of 1958, as amended (49 U.S.C. 1371).) As is permitted in simple interest calcu (3) provide that the Shipper’s Export (ii) Except as otherwise required by lations, a bank may consider each month Declaration be in the possession of the the Export Control Regulations, only as having 30 days. exporting carrier prior to departure in two copies of the Shipper’s Export Dec stead of prior to loading. Interested per laration need be prepared by the (d) The formula for other than con exporter or his agent and delivered to tinuous compounding is A=P(1+R/M)N sons were afforded an opportunity to participate in the proposed rule making the exporting carrier before the ship through the submission of written ment is loaded on board the exporting .. the area of consumer time dep comments. vessel or aircraft. In preparing Ship in denominations of less per’s Export Declarations in accordance under § 217-7 in effect in De< Changes (1) and (2) above as origi with this procedure exporters or their ’ 1970> a member bank may pay 6 nally proposed in the Notice of Proposed agents shall show in the upper right Ty1^ 4.!ntrrest on a deposit that matui Rule Making on September 10, 1970, and comer in the space provided for Customs months from the date of deposit. If the as set forth hereinafter are hereby Authentication Number, “NAR,” which deposit is in February, such deposit adopted. d _ re. in 89 days. The Board regards will signify that no authentication is tPr™i1IUims. departure from the 90-daj As a result of comments received, and required. 5 tJ. ^ ‘Pnred for payment of intern to permit further consultation, no action (2) Direct delivery of the Shipper’s th]i*eent’ l12 CFR 217.144) as justifie is being taken at this time on the pro Export Declaration to the exporting grounds of mathematical simplicity. posed change in regulations which would carrier, (i) The exporting carrier shall
FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19664 RULES AND REGULATIONS check the declaration for completeness emergencies or other factors, the infor the license is filed. The Declaration shall (i.e., see that all appropriate spaces on mation has changed since review by the bear or be accompanied by the following the Shipper’s Export Declaration are domestic air carrier, or where such in certification: completed) of: Name of exporter, agent formation is otherwise determined to This shipment is being made pursuant to of exporter, ultimate consignee, inter be incomplete or incorrect. validated Export License No. (validated ex mediate consignee, foreign port of un (4) In addition, exporting carriers port license number), filed at (location of loading, place and country of ultimate will insure that the bill of lading or air customs office where license is filed), on destination, marks and numbers, com waybill number shown on the manifest (date licenses was filed). This license expires modity description, number and kind of is inserted in the box provided on the on (expiration date of license), and the un packages, general license symbol, desti Shipper’s Export Declaration, before shipped balance remaining on this license is nation control statement, shipping submission of the manifest and accom sufficient to cover the shipment described on weight, indication of “D ’ or “F”, Sched panying Shipper’s Export Declarations to this Declaration. ule B number, net quantity (when re Customs. The customs office holding the license quired), value at port of exportation, (5) For shipments covered by unau shall record on the back of the license bill of lading or air waybill number(s), thenticated Shipper’s Export Declara the commodity and quantity shipped and signature, and see that such infor tions accepted by carriers under these from each port of export, as reflected by mation is not inconsistent with other provisions, manifests must show the no the copy(ies) of the Declaration (s) for records or information as may be avail tation “NAR” (no authentication re warded by the port(s) of export. able to the carrier. If the declaration quired) and related bill of lading or air ***** appears incomplete or inconsistent, ex waybill number; and prior to submission [F.R. Doc. 70-17426; Filed, Dec. 28, 1970; cept with respect to the items enumer of the manifest to Customs, such Ship 8:47 a n .] ated in the following sentence, the per’s Export Declarations shall be sep exporting carrier shall return it to the arated from those Shipper’s Export Dec exporter or his agent to be checked, com larations which have been authenticated. pleted, or corrected, and returned to the * * * * * exporting carrier before loading the Title 35— PANAMA CANAL Effective date. The above regulations Chapter I— Canal Zone Regulations cargo. are effective 30 days from the date of (ii) The exporting carrier shall bepublication. SUBCHAPTER E— EMPLOYMENT AND COMPEN responsible for the accuracy of the fol SATION IN THE CANAL ZONE lowing items of information on the George H. B rown, declaration: port of exportation, name Director, Bureau of the Census. PART 253— REGULATIONS OF THE and flag of vessel or air carrier, foreign I concur: November 18,1970. SECRETARY OF THE ARMY port of unloading, bill of lading or air waybill number (s), method of transpor Eugene T. R ossides, Subpart D— Compensation and Assistant Secretary Allowances tation, and pier or airport where the of the Treasury. goods are laden. Tax Allowance (3) Delivery of the Shipper’s Export[F.R. Doc. 70-17475; Filed, Dec. 28, 1970; Declaration to a participating domestic 8:50 a.m.] Effective upon publication in the Fed air carrier for subsequent delivery to the eral R egister, § 253.134 is amended as •» follows: exporting air carrier at the port of Chapter III— Bureau of International export, (i) Where the Shipper’s Export § 253.134 Tax allowance. Declaration is delivered to a domestic Commerce, Department of Commerce A tax allowance is authorized in an air carrier participating in these proce SUBCHAPTER B— EXPORT REGULATIONS dures for delivery to an exporting air amount equivalent to the excess of the [13 th Gen. Rev. of the Export Regs. income tax which the typical U.S. citizen carrier at the port of export, the domestic (Amdt. 13) ] air carrier shall have the same respon employee normally would expect to pay sibilities for checking the declaration PART 386— EXPORT CLEARANCE to the U.S. Government on his salary in as set forth for exporting carriers in cluding the tropical differential over the subparagraph (2) of this paragraph. If Presentation and Use of Validated amount of income tax the typical Pana the declaration appears incomplete or License manian citizen employee would normally inconsistent, with respect to any of the pay to the Panamanian Government on Part 386 of the Code of Federal Regu the same salary without the tropical items except those enumerated in sub- lations is amended as set forth below. paragraph (2) (ii) of this paragraph, the differential. * * * The computation of domestic carrier shall return it to the (Sec. 3, 63 stat. 7; 50 U.S.C. App. 2023; E.O. the tax for U.S. citizens shall be based on exporter or his agent to be checked, com 10945, 26 F.R. 4487, 3 CFR 1959-1963 Comp.; the joint return for a family of four pleted, or corrected and returned to "the E.O. 11038, 27 FJt. 7003, 3 CFR 1959-1963 using the current standard deduction. domestic carrier before delivery of the Comp.) * * * The Panamanian tax shall be merchandise to the exporting carrier. Effective date: December 21,1970. computed on the basis of the “family (ii) The domestic air carrier shall in tax, disregarding the “bachelor” tax and R auer H. Meyer, by applying the deductions authorized sert the airline and airport code (from Director, Office of Export Control. the Official Airline Guide) immediately for two minors. The amount of the tax below the NAR designation in the Cus In § 386.2(e), subparagraph (1) is allowance shall be recomputed as neces toms Authentication box on the ship amended to read as set forth below. sary to conform with any changes in the per’s Export Declaration to indicate the tax laws of either the Republic of Pan § 386.2 Presentation and use of vali ama or the United States. The revised accepting airline and the airport at dated license. which the Shipper’s Export Declarations tax allowance and the revised base salary were received and reviewed. • * * * * or wage rate directly attributable to tne (iii) Two copies of the Shipper’s Ex (e) Simultaneous or subsequent shiprevised tax allowance shall be niao port Declaration shall be delivered by ment from another port—(1) Presenta effective at a date to be determined by the domestic air carrier to the exporting tion of Declaration. If part of the ex the Board, except that it shall not De air carrier. port is to be made from another port, earlier than the date of the tax chang (iv) Upon receipt from a domestic the licensee shall present for authenti nor later than 6 months thereafter. carrier the exporting air carrier shall cation to the customs office at the port Date signed: December 18,1970. complete or correct those items on the of export a duly executed Declaration S tanley R. Resor, Shipper's Export Declaration pecuharly Secretary of the Army. within its own knowledge (i.e., those with an additional copy to be forwarded items enumerated in subparagraph by the customs or post office at the port [F.R. Doc. 70-17453; Filed, Dec. 28, 1970, (2) (ii) of this paragraph) when, due to of export to the customs office where 8:49 a.m.]
FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 RULES AND REGULATIONS 19665 Title 24— HOUSING AND HOUSING CREDIT Chapter VII— Federal Insurance Administration, Department of Housing and Urban Development SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM PART 1914— AREAS ELIGIBLE FOR THE SALE OF INSURANCE List of Designated Areas Section 1914.4 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1914.4 List o f desig n ated areas. * * ♦ ♦ * ♦ ¡ 0 * Effective date State County Location Map No. State map repository Local map repository of authorization of sale of flood insurance for area * * * * * * * * * * * * * * * * * * * * Arkansas...... Sebastian...... __ Fort Smith...... E 05 131 1370 01 Arkansas Soil and Water Conservation City Clerk’s Office, Municipal Bldg., Dec. 18, through Commission, Room 151, State Capi- City of Fort Smith, Fort Smith, AR E 05 131 1370 07 tol Bldg., Little Rock, AR 72201. 72901. Arkansas Insurance Department, 400 University Tower Bldg., Little Rock, A R 72204. California___... Orange...... Seal Beach...... E 06 059 3558 01..... Department of Water Resources, Post Seal Beach Administration Bldg., 211 Do. E 06 059 3558 02 Office Box 388, Sacramento, CA 8th St., Seal Beach, CA 90740. 95802. California Insurance Department, 107 South Broadway, Los Angeles, CA 90012, and 1407 Market St., San Francisco, CA 94103. Florida...... Broward...... __ Unincorporated E 12 011 0000 01.... Department of Community Affairs, Broward County Engineering Depart- Do. areas. State of Florida, 309 Tlffice Plaza, ment, Room 365, County Court- . ' -t ¡1 Tallahassee, FL 32301. _ house, Fort Lauderdale, FL 33301. State of Florida Insurance Depart ment, Treasurer’s Office, State Capi tol, Tallahassee, FL 32304. Ohio...... Lucas...... Toledo...... E 39 095 8120 01 Ohio Department of Natural Resources Division of Engineering and Construc- Do. through Columbus, OH 43215. tion, City of Toledo, 565 Erie St., E 39 095 8120 06 Ohio Department of Insurance, 115 Toledo, OH 43624. East Rich St., Columbus, OH 43215.
(National Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 F.R. 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary’s delegation of authority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27,1969) Issued: December 29,1970. George K. B ernstein, Federal Insurance Administrator. [F.R. Doc. 70-17391; Filed, Dec. 28, 1970; 8:45 a.m.]
PART 1915— IDENTIFICATION OF FLOOD-PRONE AREAS List of Flood Hazard Areas Section 1915.3 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1915.3 L ist o f flood h a z a rd areas. * * * • * * '* * Effective date of identification of State County Location Map No. State map repository Local map repository areas which have special flood hazards * * • * * * *** * * * * * * Arkansas...... Sebastian...... Fort Smith. T 05 131 1370 01 Arkansas Soil and Water Conserva City Clerk’s Office, Municipal Bldg., Dec. 29,1970. through tion Commission, Room 151, State City of Fort Smith, Fort Smith, T 05 131 1370 07 Capitol Bldg., Little Rock, AR AR 72901. 72201. Arkansas Insurance Department, 400 University Tower Bldg., Little Rock, AR 72204. California...... Orange...... Seal Beach. T 06 059 3558 01.. Department of Water Resourced, Seal Beach Administration Bldg., Do. T 06 059 3558 02 Post Office Box 388, Sacramento, 211 8th St., Seal Beach, CA 90740. CA 96802. California Insurance Department, 107 South Broadway, Los Angeles,-CA 90012, and 1407 Market St., San Francisco,_CA 94103. F orida...... Broward...... Unincorporated T 12 Oil 0000 01.. Department of Community Affairs, Broward County Engineering Depart- Do. areas. State of Florida, "309 Office Plaza, ment, Room 365, County Court Tallahassee, FL 32301. house, Fort Lauderdale, FL 33301. State of Florida Insurance Depart ment, Treasurer’s Office, State Capitol, Tallahassee, FL 32304. hlo~ —...... Lucas...... Toledo. T 39 095 8120 01 Ohio Department of Natural Re Division of Engineering and Con- Do. through sources, Columbus, OH 43215. struction, City of Toledo, 565 Erte T 39 095 8120 06 Ohio Department of Insurance, 115 St., Toledo, OH 43624. East Rich St., Columbus, OH 43215.
17804 N Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective Jam 28, 1969 (33 F.R. of authors + 1968)’ 88 amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary’s delegation nority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27,1969) Issued. December 29,1970. G eorge K. B ernstein, Federal Insurance Administrator. [FJt. Doc. 70-17392; Filed, Dec. 28, 1970; 8:46 a.m.] FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19666 RULES AND REGULATIONS (a) Submit general idea of the me Title 28— JUDICIAL morial to the American Battle Monu Title 50— WILDLIFE AND ments Commission, with a request for ADMINISTRATION the tentative allocation of the site desired. FISHERIES Chapter I— Department of Justice (b) When site is provisionally allo Chapter I— Bureau of Sport Fisheries [Order No. 446-70] cated, prepare and submit the design of and Wildlife, Fish and Wildlife the memorial, together with the inscrip Service, Department of the Interior PART 0— ORGANIZATION OF THE tion, for approval. The design of the me DEPARTMENT OF JUSTICE morial. will then be referred, in accord SUBCHAPTER B— HUNTING AND POSSESSION OF WILDLIFE PART 9— REMISSION OR MITIGA ance with law, by the Commission to the National Commission of Fine Arts for PART 10— MIGRATORY BIRDS TION OF CIVIL FORFEITURES its approval. Open Seasons, Bag Limits, and Pos Comprehensive Drug Abuse Preven (c) After a site is allocated and the session of Certain Migratory Game tion and Control Act of 1970 design and inscription are approved, the American Battle Monuments Commis Birds By virtue of the authority vested in sion will, if the sponsors so desire, con me by 28 U.S.C. 509, 510, and 5 U.S.C. sult with the foreign government qon- F.R. Doc. 70-11566 appearing on page 301, and section 501 of the Comprehen cerning the question of securing approval 14055 in the issue of Friday, September 4, sive Drug Abuse Prevention and Cbntrol for the erection of the memorial. 1970, is amended as follows: Act of 1970, 84 Stat. 1236,1270, Chapter I (d) When the approval of the foreign 1. In § 10.53, paragraph (e) on page of Title 28 of the Code of Federal Regu government is obtained, the Commission 14056, the season dates for geese for Illi lations is amended as follows: will cooperate, if the sponsors so desire, 1. Paragraph (c) of § 0.55 of Subpart nois in the counties of Alexander, Jack- in obtaining the ground and erection of son, Union, and Williamson reading K of Part 0 is amended by substituting a the memorial. Such cooperation may in comma for the period after “Act” and clude construction of the memorial by “Nov. 12-Dec. 23” should read “Nov. 12- adding the following: “the Controlled the Commission, using funds provided Dec. 23, Jan. 2-Jan. 3.” Substances Act, 84 Stat. 1242, and the by the sponsors, in which case user Since this amendment relieves an ex Controlled Substances Import and Export charges will be made in accordance with isting restriction by permitting Canada Act, 84 Stat. 1285 (titles II and m of the general Government policy. Comprehensive Drug Abuse Prevention goose hunting in the four named coun and Control Act of 1970) :” (Sec. 3, 70 Stat. 640, 641; 36 U.S.C. 123-125; ties for 2 addition^ days without exceed E.O. 6614, 5 U.S.C. 132 note, E.O. 9704, 11 F.R. ing the established quota of 35,000, it is 2. Paragraph (d) of § 0.55 is amended 2675, 3 CFR, 1946 Supp., E.O. 10057, 10087, by inserting after the phrase “narcotics 14 F.R. 2585, 7287, 3 CFR, 1949 Supp.) determined that notice and public proce and dangerous drugs,” the phrase “other dure thereon are impracticable, uneces- controlled substances.” § 402.1 Restrictions on erection. sary, and contrary to the public interest 3. Section 9.1 of Part 9 is amended by (a) No administrative agency of the inserting after the words “Contraband and that this amendment will become United States shall give assistance to effective upon publication in the Federal Transportation Act,” the words “Com American citizens, States, municipalities, prehensive Drug Abuse Prevention and or associations in erecting any war me R egister. Control Act of 1970,” and by deleting the morial outside the continental United (40 Stat. 755; 16 U.S.C. 703 etseq.) word “narcotics” immediately after the States unless the plan has been approved Effective date: Upon publication. words “laws relating to.” in accordance with § 401.1 above. Dated: December 17,1970. (b) It is the opinion of the Commis S pencer H. S mith, sion that no battlefield memorial should Acting Director, Bureau of J ohn N. Mitchell, be erected to any unit smaller than a Sport Fisheries and Wildlife. Attorney General. division or comparable unit, or to an in D ecember 23,1970. [FJR. Doc. 70-17439; Filed, Dec. 28, 1970; dividual, unless the services of such unit 8:48 a.m.] or individual clearly were of such dis [F.R. Doc. 70-17458; Filed, Dec. 28, 1970; tinguished character as to warrant a 8:49 a.m.] separate memorial. (c) It is the opinion of the Commission Title 36— PARKS, FORESTS, that, as a general rule, memorials should be erected to organizations rather than Title 9— ANIMALS AND AND MEMORIALS to troops from a particular locality of the United States. ANIMAL PRODUCTS Chapter IV— American Battle (d) The policy of the Commission is Chapter III— Consumer and Market Monuments Commission to approve plans for memorials in for ing Service (Meat Inspection), De PART 401— PROCEDURES eign countries only in cases in which the partment of Agriculture sponsors make adequate and permanent PART 402— ERECTION OF WAR ME arrangements for their maintenance. If SUBCHAPTER A— MEAT INSPECTION MORIALS IN FOREIGN COUNTRIES the sponsors so desire, the Commission REGULATIONS BY AMERICAN CITIZENS, STATES, will maintain such memorials, including PART 331— SPECIAL PROVISIONS MUNICIPALITIES, OR ASSOCIA those previously existing which it deems FOR DESIGNATED STATES AND TIONS worthy of preservation, using funds pro TERRITORIES; AND FOR DESIG Chapter IV of Title 36 is revised to vided by the sponsors; in such cases it NATION OF establishm ents read as follows: will make user charges in accordance WHICH ENDANGER PUBLIC HEALTH AND FOR SUCH DESIGNATED § 401.1 Erection of war memorials out with general Government policy. side continental limits of United (Sec. 3, 70 Stat. 640, 641; 36 U.S.C. 123, 125; ESTABLISHMENTS States. E.O. 6614, 5 U.S.C. 132 note, E.O. 9704, 11 F.R. Statement of considerations. The Fed 2675, 3 CFR, 1946 Supp., E.O. 10057, 10087, Federal Government agencies, Ameri eral Meat Inspection Act, as ame£ ”fafini 14 F.R. 2585, 7287, 3 CFR, 1949 Supp.) the Wholesome Meat Act (21 _ can citizens, States, municipalities, or W illiam E. R yan, Jr. et seq.) requires the extension of cerx< associations desiring to erect war me LTC, ADA, Director of Federal requirements to intrastate a morials outside the continental limits Operations and Finance. ities in any State (including the ~ of the United States should proceed as [F.R. Doc. 70-17457; Filed, Dec. 28, 1970; monwealth of Puerto Rico or any o g follows: 8:49 a.m.] nized Territory), by designation oi u
FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 RULES AND REGULATIONS 19667
State under paragraph 301(e) of the the regulations applicable to such estab § 331.3 States designated under para Act, upon determination by the Secre lishments are also prescribed in the regu graph 301(c) of the Act; application tary of Agriculture, in accordance with lations set forth herein. of regulations. said paragraph, that the State has not, Sections 202, 203, and 204 of the Act The provisions of the regulations in within the time allowed by the Act, de impose record and related requirements this subchapter apply to operations and veloped and activated requirements at and registration requirements for opera transactions wholly within each State least equal to the requirements imposed tors engaged in specified classes of busi designated in § 331.2 under paragraph under titles I and IV of the Act with re ness in or for “commerce” as defined in 301(c) of the Act, except as otherwise spect to all establishments within such the Act, and restrict the handling in provided in this section. (The provisions State (except certain classes of retail “commerce”, or the importation, of dead, of the regulations apply in all respects stores, restaurants and similar retail- dying, disabled or diseased livestock or to operations and transactions in or for type establishments) at which cattle, parts of the carcasses of livestock that commerce.) sheep, swine, goats or equines are died otherwise than by slaughter. Section slaughtered or their carcasses, Or parts 205 of the Act extends the authority of (a) Each establishment, located in of products thereof, are prepared for use the Secretary of Agriculture under these such a designated State, which is granted as human food, solely for distribution inspection required under § 302.1(a) (2) sections to persons, firms and corpora of this subchapter, shall obtain approval within such State, and the products of tions engaged in the. specified kinds of such establishments. Upon the expiration business but not in or for “commerce,” in of plant drawings as specified in § 304.2 of 30 days after publication of such any State (including the Commonwealth of this subchapter within 18 months designation of any State in the F ederal after the designation of the State be of Puerto Rico or any organized Terri comes effective. The establishment, in Register, the provisions of Titles I and tory), when he determines after con IV of the Act shall apply to operations sultation with an appropriate Advisory cluding its facilities shall be placed in and transactions wholly within such ju Committee that the State does not have compliance with the approved drawings risdiction and to persons, firms, and cor at least equal authority under its laws as soon as possible, but not to exceed 36 porations engaged therein, to the same or is not exercising such authority in a months after such designation becomes extent and in the same manner as if manner to effectuate the purposes of the effective. Failure to have drawings ap such operations and transactions were Act. The regulations set forth herein proved or to bring the establishment into conducted in or for “commerce” as de-, provide a format for listing any States compliance with such drawings within fined in the Act. with respect to which such a determina the time periods specified herein will re The regulations set forth herein pro tion has been made and which are desig sult in the expiration of the grant of vide a format for listing any States that nated as jurisdictions in which the pro inspection. Inspection will be initially are determined not to have developed and visions of section 202, 203, or 204 of the granted to any such establishments only activated meat inspection programs that Act apply to intrastate activities and if it is found, upon a combined evalua meet the requirements of paragraph identify the sections of the Act and the tion of its premises, facilities and operat 301(c) of the Federal Meat Inspection provisions of the regulations that would ing procedures, to be capable of produc Act (21 U.S.C. 661(c) ) and are designated be applicable to such activities. However, ing products that are not adulterated as jurisdictions in which the provisions no jurisdictions are currently listed for or misbranded. of titles I and IV of the Federal Meat this purpose. No. 251----- 3 FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19668 RULES AND REGULATIONS inspection. For example, intestines, tions and transactions not in or fer com ducing adulterated products which would paunch contents, feet, and hides might merce in a State designated under para clearly endanger the public health, if: be accumulated on the kill floor in clean, graph 301(c) only if the State is also (1) Any meat or meat food product watertight drums with close fitting designated under section 205 of the Act prepared at the establishment is adulter covers if there is sufficient space to store and if such provisions are applicable as ated in any of the following respects: them out of the way until the close of the shown in § 331.6 of this part. (1) It bears or contains a pesticide day’s operation. FEDERAL REGISTER, VOL. 35, NO. 2 5 1-—TUESDAY, DECEMBER 29, 1970 RULES AND REGULATIONS 19669 such endangering of the public health. § 331.6 Designation of States under sec Such written notification shall clearly tion 205 of the Act; application of specify the deficiencies deemed to result sections of the Act and the regula in the production of adulterated products tions. and shall specify a reasonable time for Each of the following States has been such action under State or local law. designated, effective on the date shown (2) If effective action is not taken un below, under section 205 of the Act, as a der State or local law within the speci State in which the provisions of the sec fied time, written notification shall be tions of the Act and regulations specified issued by the Regional Director to the below shall apply to operators engaged, operator of the establishment, specifying other than in or for commerce, in the the deficiencies involved and allowing kinds of business indicated below: him ten days to present his views or make Sections of Act Classes c the necessary corrections, and notifying and Regulations Operators State him that failure to correct such deficien Act, 202; § 320.1, cies may result in designation of the es 320.2, 320.3, tablishment and operator thereof as sub 320.4 ______ject to the provisions of titles I and IV Act, 203; § 320.5™ ______of the Act as though engaged in Act, 204; § 325.20 , commerce. and 325.21______(3) Thereafter the Program Inspector The above provisions set forth inter shall survey the establishment and des pretations, policies and procedures to ignate it if he determines, in consulta implement the provisions in paragraph tion with the Regional Director, that it 301(c) and section 205 of the Federal is producing adulterated products, which Meat Inspection Act. It is essential that would clearly endanger the public health, regulations be adopted for these purposes and formal notice of such designation and published as soon as possible in order will be issued to the operator of the to afford time for the affected industries establishment by the Regional Director. to adjust their programs and operations FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19670 Proposed Rule Making tive housing corporation, stock owned and section 216 for that part of amounts rep DEPARTMENT OF THE TREASURY apartments leased by the United States or resenting the taxes or interest described any of its possessions, a State or any political in that section which are deductible by subdivision thereof, or any agency or instru Internal Revenue Service mentality of the foregoing empowered to ac a tenant-stockholder under any other quire shares in a cooperative housing corpo provision of the Code. [ 26 CFR Part 1 1 ration for the purpose of providing housing (c) Tenant-stockholder’s proportion INCOME TAX facilities, shall not be taken into account. ate share—(1) General rule. The tenant- ***** stockholder’s proportionate share is that Amounts Representing Taxes and In [Sec. 216 as amended by sec. 28, Revenue Act proportion which the stock of the co terest Paid to Cooperative Housing 1962 (76 Stat. 1068) ; sec. 913, Tax Reform operative housing corporation owned by Act 1969 ( 83 Stat. 723) ] the tenant-stockholder is of the total Corporations outstanding stock of the corporation, in Notice is hereby given that the regu P ar. 2. Section 1.216-1 is amended to cluding any stock held by the corporation. lation set forth in tentative form in the read as follows: For taxable years beginning after De attached appendix is proposed to be pre § 1.216—1 Amounts representing taxes cember 31, 1969, if the cooperative hous scribed by the Commisioner of Internal and interest paid to cooperative hous ing corporation has issued stock to a Revenue, with the approval of the Secre in g co rp o ra tio n . governmental unit, as defined in para tary of the Treasury or his delegate. (a) General rule. An individual who graph (f) of (this section, then in deter Prior to the final adoption of such regu qualifies as a tenant-stockholder of a mining the total outstanding stock of the lation, consideration will be given to any cooperative housing corporation may de corporation, the governmental unit shall comments or suggestions pertaining duct from his gross income amounts paid be deemed to hold the number of shares thereto which are submitted in writing, or accrued within his taxable year to a that it would have held, with respect to preferably in quintuplicate, to the Com cooperative housing corporation repre the apartments or houses it is entitled missioner of Internal Revenue, Atten senting his proportionate share of : to occupy, if it has been a tenant-stock tion: CC:LR:T, Washington, D.C. 20224, (1) The real estate taxes allowable as holder. That is, the number of shares within the period of 30 days from a deduction to the corporation under sec the governmental unit is deemed to hold the date of publication of this notice in tion 164 which are paid or incurred by is determined in the same manner as if the F ederal R egister. Any written com stock had been issued to it as a tenant- ments or suggestions not specifically des the corporation before the close of the stockholder. For example, if a coopera ignated as confidential in accordance taxable year of the tenant-stockholder tive housing corporation requires each with 26 CFR 601.601(b) may be inspected on the houses (or apartment building) tenant-stockholder to buy one share of by any person upon written request. Any and the land on which the houses (or stock for each one thousand dollars of person submitting written comments or apartment building) are situated, or value of the apartment he is entitled to suggestions who desires an opportunity (2) The interest allowable as a de occupy, a governmental unit shall be to comment orally at a public hearing of duction to the corporation under section deemed to hold one share of stock for the proposed regulation should submit 163 which is paid or incurred by the each one thousand dollars of value of the his request, in writing, to the Commis corporation before the close of the taxa apartments it is entitled to occupy, re sioner within the 30-day period. In such ble year of the tenant-stockholder on gardless of the number of shares case, a public hearing will be held, and its indebtness contracted in the acquisi formally issued to it. notice of the time, place, and date will tion, construction, alteration, rehabili (2) Examples. The provisions of this tation, or maintenance of the houses (or paragraph may be illustrated by the be published in a subsequent issue of the apartment building), or in the acquisi F ederal R egister. The proposed regu following examples: tion of the land on which the houses (or lation is to be issued under the authority Example (1). The X Corporation is a contained in section 7805 of the Internal apartment building) are situated. cooperative housing corporation within the Revenue Code of 1954 (68A Stat. 917; (b) Limitation. The deduction allow meaning of section 216. In 1970, it acquires 26 U.S.C. 7805). able under section 216 shall not exceed a building containing 40 category A apart the amount of the tenant-stockholder’s ments and 25 category B apartments, for [seal] R andolph W. T hrower, proportionate share of the taxes and in $750,000. The value of each category a Commissioner of Internal Revenue. terest described therein. If a tenant- apartment is $12,500, and of each category stockholder pays or incurs only a part B apartment is $10,000. X values each share In order to conform the Income Tax of stock issued with respect to category Regulations (26 CFR Part 1) under sec of his proportionate share of such taxes apartments at $125, and sells 4,000 shares tion 216 (a) and (b) to the amendments and interest to the corporation, only the its stock, along with the right to occupy of the Internal Revenue Code of 1954, amount so paid or incurred which repre the 40 category A apartments, to 40 made by section 913 o r the Tax Reform sents taxes and interest is allowable as stockholders for $500,000. X also sells l. Act of 1969 (83 Stat. 723), and to make a deduction under section 216. If a shares of nonvoting stock to G, a * certain clarifying changes to such regu tenant-stockholder pays an amount, or housing authority qualifying as a _ lations, such regulations are amended as incurs an obligation for an amount, to mental unit under paragraph (f) °f the corporation on account of such taxes section for $250,000. The purchase of tn“ follows: stock gives G the right to occupy a P aragraph 1. Section 1.216(b) is and interest and other items, such as category B apartments. G is deemed to amended by adding at the end thereof maintenance, overhead expenses, and the number of shares that it would the following new paragraph and by re reduction of mortgage indebtedness, the held if it had been a tenant-stockholder. vising the historical note: amount representing such taxes and in is therefore deemed to own 2,000 sha , . terest is an amount which bears the same stock in X. All stockholders are required § 1.216 Statutory provisions; deduction ratio to the total amount of the tenant- pay a specified part of the corporation of taxes, interest, and business de stockholder’s payment or liability, as the penses. F, one of the tenant-stockholders, preciation by cooperative housing case may be, as the total amount of the purchased 100 shades of the category corporation tenant-stockholder. • tenant-stockholder’s proportionate share for $12,500 in order to obtain a right x Sec. 216. Deduction of taxes, interest, and of such taxes and interest bears to the cupy a category A apartment. Since th business depreciation by cooperative housing total amount of the tenant-stockholder’s 6,000 total shares deemed outstanding, corporation tenant-stockholder. * * * proportionate share of the taxes, inter proportionate share is 1/60 (100/ 6,000). (b) Definitions. * * * Example (2). The X Corporation 5i (4) Stock owned by governmental units. est, and other items on account of which For purposes of this subsection, in deter such payment is made or liability in cooperative housing corporation wi • mining whether a corporation is a coopera curred. No deduction is allowable under meanine of section 216. In 1960 it acqu FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 PROPOSED RULE MAKING 19671 housing development containing 100 de paid or incurred must be derived from income on an accrual method, while A com tached houses, each house having the same the tenant-stockholders. For purposes of putes his taxable income on the cash re value. X issued one share of stock to each of ceipts and disbursements method. In 1971, 100 tenant-stockholders, each share carry the 80-perqent test, in taxable years be the X Corporation incurred expenses ag ing the right to occupy one of the houses. ginning after December 31, 1969, gross gregating $13,800, including $4,000 for the In 1971 X redeemed 40 of its 100 shares. It income attributable to any house or real estate taxes on the land and building, then sold to G, a municipal housing author apartment which a governmental unit and $5,000 for the interest on the mortgage. ity qualifying as a governmental unit under is entitled to occupy, pursuant to a lease In 1972, A pays the X Corporation $1,380, paragraph (f) of this section, 1,000 shares or stock'ownership, shall be disregarded. representing his proportionate part of the preferred stock and the right to occupy the (e) Tenant-stockholder. The term expenses incurred by the corporation. The 40 houses with respect to which the stock entire gross income of the X Corporation had been redeemed. X sold the preferred “tenant-stockholder” means an individ for 1971 was derived from the five tenant- stock to G for an amount equal to the cost ual who is a stockholder in a cooperative stockholders and from the governmental of redeeming the 40 shares. G also agreed housing corporation, as defined in section unit. A is entitled under section 216 to a to pay 40 percent of X ’s expenses. For pur 216(b)(1) and paragraph (d) of this deduction of $900 in computing his taxable poses of determining the total stock which section, and whose stock is fully paid up income for 1972. The deduction is computed X has outstanding, G is deemed to hold 40 in an amount at least equal to an amount as follows: shares of X. shown to the satisfaction of the district Stock of X Corporation owned by A_ 100 (d) Cooperative housing corporation. director as bearing a reasonable rela Shares’ of X Corporation owned by In order to qualify as a “cooperative tionship to the portion of the fair mar four other tenant-stockholders. 400 housing corporation” under section 216, ket value, as of the date of the original Shares of stock of X Corporation issuance of the stock, of the corpora deemed owned by governmental * the requirements of subparagraphs (1) unit ______‘______500 through (4) of this paragraph must be tion’s equity in the building and the land met. on which it is situated which is attrib Total share of stock of X (1) One class of stock. The corpora utable to the apartment or housing unit Corporation outstanding. 1,000 tion shall have one and only one class which such individual is entitled to of stock outstanding. However, a spe occupy. A’s proportionate share of the stock (f) Governmental unit. For purposes of X Corporation (100/1,000)__ 1/10 cial classification of preferred stock, in Expenses incurred by X Corpo a nominal amount not exceeding $100, of section 216(b) and this section, the ration: issued to a Federal housing agency, or term “governmental unit” means the Real estate taxes______$4, 000 other governmental agency solely for United States or any of its possessions, Interest______5,000 the purpose of creating a security de a State or any political subdivision there O ther______4,800 vice on the mortgage indebtedness of of, or any agency or instrumentality of the corporation, shall be disregarded for the foregoing empowered to acquire -Total ______$13, 800 purposes of determining whether the shares in a cooperative housing corpo corporation has one class of stock out ration for the purpose of providing hous Amount paid by A______$1,380 ing facilities. A’s proportionate share of real standing and such agency will not be estate taxes and interest based considered a stockholder for purposes of (g) Examples. The application of sec on his stock ownership (1/10 of section 216 and this section. Further tion 216 (a) and (b) and this section $9,000)___ $900 more, for taxable years beginning after may be illustrated by the following ex A’s proportionate share of total cor December 31, 1969, a special class of amples, which refer to apartments but porate expenses based on his stock issued to a governmental unit, as which are equally applicable to housing stock ownership (1/10 of units: $13,800)______- $1,380 defined in paragraph (f) of this section, Amount of A’s payment represent shall also be disregarded for purposes of Example (1). The X Corporation is a co ing real estate taxes and interest this paragraph in determining whether operative housing corporation within the meaning of section 216. In 1970, at a total (900/1,380 of $1,380)______$900 the corporation has one class of stock cost of $200,000, it purchased a site and con A’s allowable deduction------— $900 outstanding. structed thereon a building with 15 apart Since the stock which A acquired by gift was (2) Right of occupancy. Each stock ments. The fair market value of the land fully paid up by his donor in an amount holder of the corporation, whether or and building was $200,000 at the time of equal to the portion of the fair market value, not the stockholder qualifies as a tenant- completion of the building. The building as of the date of the original issuance of the stockholder under section 216(b) (2) and contains five category A apartment units, stock, of the corporation’s equity in the land paragraph, (e) of this section, must be each of equal value, and 10 category B apart and building which is attributable to apart entitled to occupy for dwelling purposes ment units. The total value of all of the ment No. 1, the requirement of section 216 category A apartment units is $100,000. The in this regard is satisfied. The fair market an apartment in a building or a unit in total value of all of the category B apart value at the time of the gift of the corpo a housing development owned or leased ments is also $100,000. Upon completion of ration’s equity attributable to the apartment by such corporation. The stockholder is the building, the X Corporation mortgaged is immaterial. a d m ir e d to occupy the premises. The the land and building for $100,000, and sold Example (2). The facts are the same as nght as against the corporation to occupy its total authorized capital for $100,000. The in example (1) except that the building con jne premises is suflicient. Such right stock attributable to the category A apart structed by the X Corporation contained, in S tT °e conferred on each stockholder ments was purchased by five individuals, addition to the 15 apartments, business space soieiy by reason of his ownership of stock each of whom paid $10,000 for 100 shares, or on the ground floor, which the corporation $100'a share. Each certificate for 100 shares rented at $2,400 for the calendar year 1971. Z-Sf corporation, that is, the stock must of such stock provides that the holder there The corporation deducted the $2,400 from entitle the owner thereof either to occupy of is entitled to a lease of a particular apart its expenses in determining the amount of e premises or to a lease of the premises, ment in the building for a specified term the expenses to be prorated among its rne fact that the right to continue to of years. The stock attributable to-the cate tenant-stockholders. The amount paid by A occupy the premises is dependent upon gory B apartments was purchased by a gov ernmental unit for $50,000. Since the shares to the corporation in 1972 is $1,140 instead ne payment of charges to the corpora- of $1,380. More than 80 percent of the gross “ ln.th.e nature of rentals or assess sold to the tenant-stockholders are valued ments is immaterial. at $100 per share, the governmental'unit is income of the corporation for 1971 was de deemed to hold a total of 500 shares. The rived from tenant-stockholders. A is en hniHi Dislributi°ns. None of the stock- certificate of such stock provides that the titled under section .216 to a deduction of cor??ration may be en- governmental unit is entitled to a lease $743.48 in computing his taxable income for tinnQi’i,ei^her conditionally or uncondi- of all of the category B apartments. All tiai upon a complete or par- leases provide that the lessee shall pay his 1972. The deduction is computed as follows: ceivp q^ da,tlo,nof corporation, to re- proportionate part of the corporation’s ex Expenses incurred eamirf^y dl®tribution other than out of penses. In 1970 the original owner of 100 by X Corporation. $13, 800.00 f4v If and profits of the corporation. shares of stock attributable to the category Less: Rent from A apartments and to the lease to apartment business space___ 2,400.00 morenf+£iS incoiV'e- Eighty percent or No. l'made a gift of the stock and lease to tion fm- tu6 P 088 mcome of the corpora A, an individual. The taxable year of A Expenses to be prorated among tion in ™ ^ able year of corpora- and of the X Corporation is the calendar tenant-stockholders______$11, 400. 00 which the taxes and interest are year. The corporation computes its taxable FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19672 PROPOSED RULE MAKING Amount paid by A------1,140.00 [ 26 CFR Part 1 ] be computed without regard to the amortiza A’s proportionate share of real tion deduction for such month. The amor estate taxes and interest based INCOME TAX tization deduction provided by this section on his stock ownership (1/10 with respect to any month shall be in lieu of $9,000)______900.00 Amortization of Pollution Control of the depreciation deduction with respect A’s proportionate share of total Facilities to such pollution control facility for such corporate expenses based on month provided by section 167. The 60- his stock ownership (1/10 of Notice is hereby given that the regula month period shall begin, as to any pollution $13,800)______1,380.00 tions set forth in tentative form in the control facility, at the election of the tax Amount of A’s payment repre attached appendix are proposed to be payer, with the month following the month senting real estate taxes and prescribed by the Commissioner of In in which such facility was completed or ac interest (900/1380 of $1,140). 743.48 quired, or with the succeeding taxable, year. A’s allowable deduction------743.48 ternal Revenue, with the approval of the (b) Election of amortization. The election Secretary of the Treasury or his delegate. of the taxpayer to take the amortization de Since the portion of A’s payment allocable Prior to the final adoption of such reg duction and to begin the 60-month period to real estate taxes and interest is only ulations, consideration will be given to with the month following the month in $743.48, that amount instead of $900 is al any comments or suggestions pertaining which the facility is completed or acquired, lowable as a deduction in computing A’s thereto which are submitted in writing, or with the taxable year succeeding the tax taxable income for 1972. able year in which such facility is completed Example (3). The facts are the same as in in quintuplicate, to the Commissioner of or acquired, shall be made by filing with the example (1) except that the amount paid by Internal Revenue, Attention: CC:LR:T, Secretary or his delegate, in such manner, A to the X Corporation in 1972 is $1,000 Washington, D.C. 20224, within the pe in such form, and within such time, as the instead of $1,380. A Is entitled under sec riod of 30 days from the date of pub Secretary or his delegate may by regulations tion 216 to a deduction of $652.17 in com lication of this notice in the F ederal prescribe, a statement of such election. puting his taxable income for 1972. The R egister. Any written comments or sug (c) Termination of amortization deduc deduction is computed as follows: gestions not specifically designated as tion. A taxpayer which has elected under sub Amount paid by A------$1, 000. 00 confidential in accordance with 26 CFR section (b) to take the amortization deduc A’s proportionate share of real 601.601(b) may be inspected by any per tion provided in subsection (a) may, at any estate taxes and interest based son upon written request. Any person time after making such election, discon on his stock ownership (1/10 of tinue the amortization deduction with re $9,000) ______- 900.00 submitting written comments or sugges spect to the remainder of the amortization A’s proportionate share of total tions who desires an opportunity to com period, such discontinuance to begin as of corporate expenses based on his ment orally at a public hearing on these the beginning of any month specified by the stock ow nership (1/10 of proposed regulations should submit his taxpayer in a notice in writing filed with the $13,800) ______- ______1,380.00 request, in writing, to the Commissioner Secretary or his delegate before the begin Amount of A’s payment represent within the 30-day period. In such case, ning of such month. The depreciation de ing real estate taxes and interest a public hearing will be held, and notice duction provided under section 167 shall be (900/1380 of $1,000)___------652.17 allowed, beginning with the first month as A’s allowable deduction____.____ 652.17 of the time, place, and date will be pub to which the amortization deduction does not lished in a subsequent issue of the F ed apply, and the taxpayer shall not be entitled Since the portion of A’s payment allocable eral R egister. The proposed regulations to any further amortization deduction under to real estate taxes and interest is only are to be issued under the authority con this section with respect to such pollution $652.17, that amount instead of $900 is al lowable as a deduction in computing A’s tax tained in section 7805 of the. Internal control facility. able income for 1972. Revenue Code of 1954 (68A Stat. 917; (d) Definitions. For purposes of this 26 U.S.C. 7805). section— Example (4). The facts are the same as in (1) Certified pollution control facility. example (1) except th atX Corporation leases [seal! R andolph W. T hrower, The term “certified pollution control facil recreational facilities from Y Corporation for Commissioner of Internal Revenue. ity” means a new identifiable treatment use by the tenant-stockholders of X. Under facility which is used, In connection with a the terms of the lease, X is obligated to pay In order to conform the Income Tax plant or other property in operation before an annual rental of $5,000 plus all real estate Regulations (26 CFR Part 1) to reflect January 1, 1969, to abate or control water taxes assessed against the facilities. In 1971 certain changes made by section 704 of or atmospheric pollution or contamination X paid, in addition to the $13,800 of expenses the Tax Reform Act of 1969 (83 Stat. by removing, altering, disposing, or storing enumerated in example (1), $5,000 rent and of pollutants, contaminants, wastes, or heat $1,000 real estate taxes. In 1972 A pays the 667), relating to amortization of pollu tion control facilities, such regulations and which— X Corporation $2,000, no part of which is re (A) The State certifying authority having funded to him in 1972. A is entitled under are hereby amended as set forth below. jurisdiction with respect to such facility has section 216 to a deduction of $900 in comput Section 1.169-4 of the regulations hereby certified to the Federal certifying authority ing his taxable income for 1972. The deduc adopted supersedes those provisions of as having been constructed, reconstructed, tion is computed as follows: § 13.0 of this chapter relating to section erected, or acquired in conformity with the Expenses to be prorated among 169(b) of the Code, which were pre State program or requirements for abatement tenant-stockholders ______$19,800 scribed by T.D. 7032, approved March 9, or control of water or atmospheric pollution Total amount paid by A------2,000 or contamination; and 1970 (35 F.R. 4330). (B) The Federal certifying authority has A’s proportionate share of real estate P aragraph 1. Section 1.169 is amended taxes and interest based on stock by deleting section 169 and adding a new certified to the Secretary or his delega ownership (1/10 of $9,000)------900 (i) as being in compliance with the appli A’s proportionate share of total cor section 169 and a historical note to read cable regulations of Federal agencies an porate expenses based on his stock as follows: (ii) as being in furtherance of the general policy of the United States for cooperation ownership (1/10 of $19,800)------1,980 § 1.169 Statutory provisions; amortiza Amount of A’s payment representing with the States in the prevention and abate tion of pollution control facilities. ment of water pollution under the. Fed® ^ real estate taxes and interest Sec. 169. Amortization of pollution control Water Pollution Control Act, as amended p» (900/1,980 of $1,980)------900 facilities—(a) Allowance of deduction. Every U.S.C. 466 et seq.), or in the prevention an A’s allowable deduction------900 person, at his election, shall be entitled to abatement of atmospheric pollution and c° The $£000 of real estate taxes assessed against a deduction with respect to the amortization tamination under the Clean Air Ac , amended (42 U.S.C. 1857 et seq.) • the recreational facilities constitutes addi of the amortizable basis of any certified pol lution control facility (as defined in subsec (2) State certifying authority. tional rent and hence is not deductible by tion (d)), based on a period of 60 months. “State certifying authority” means, in ^ A as taxes under section 216. A’s allowable Such amortization deduction shall be an case" of water pollution, the State wa P deduction is limited to his proportionate amount, with respect to each month of such lution control agency as defined in sec share of real estate taxes and Interest based period within the taxable year, equal to the 13(a) of the Federal Water Pollution Con on stock ownership and cannot be increased amortizable basis of the pollution control Act and, in the case of air pollution, t facility at the end of such month divided pollution control agency as defined, by the payment of an amount in excess of by the number of months (including the tion 302(b) of the Clean Air Act. Thei te his proportionate share. month for which the deduction is com “State certifying authority” _lace [F.R. Doc. 70-17436; Filed, Dec. 28, 1970; puted) remaining in the period. Such amor interstate agency authorized to act f 8:48 a.m.] tizable basis at the end of the month shall of a certifying authority of the State. FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 PROPOSED RULE MAKING 19673 (3) Federal certifying authority. The of the property and shall be allowable to the the facility was held by such person bears term “Federal certifying authority” means, life tenant. to the total number of days in such in the case of water pollution, the Secretary (j) Cross reference. For special rule with month. of the Interior and, in the case of air pollu respect to certain gain derived from the dis tion, the Secretary of Health, Education, position of property the adjusted basis of 43) Effect on other deductions, (i) The and Welfare. which is determined with regard to this amortization deduction provided by sec (4) New identifiable treatment facility. section, see section 1245. tion 169 with respect to any month shall For purposes of paragraph (1), the term {Sec. 169 as added by sec. 704, Tax Reform be in lieu of the depreciation deduction “new identifiable treatment facility” in Act 1969 (83 Stat. 667) ] which would otherwise be allowable cludes only tangible property (not includ under section 167 or a deduction in ing a building and its structural compo P ar. 2. Sections 1.169-1 through 1.169-8 lieu of depreciation which would other nents, other than a building which is ex are amended by deleting them and add wise be allowable under paragraph (b) of clusively a treatment facility) which is of a ing new §§ 1.169-1, 1.169-2, 1.169-3, and character subject to the allowance for de § 1.162-11 for such month. preciation provided in section 167, which is 1.169-4 to read as follows: (ii) If the adjusted basis of such fa identifiable as a treatment facility, and § 1.169—1 Amortization of pollution cility as computed under section 1011 for which— control facilities. purposes other than' the amortization de (A) Is property— duction provided by section 169 is in (i) The construction, reconstruction, or (a) Allowance of deduction—(1) Inexcess of the amortizable basis, as com erection of which is completed by the tax general. Under section 169(a), every per puted under § 1.169-3, such excess shall payer after December 31^1968, or son. at his election, shall be entitled to be recovered through depreciation de (ii) Acquired after December 31, 1968, if a deduction with respect to the amortiza ductions under the rules of section 167. the original use of the property commences tion of the amortizable basis (as defined See section 169(g). with the taxpayer and commences after such in § 1.169-3) of any certified pollution date, and (iii) See section 179 and paragraph (B) Is placed in service by the taxpayer control facility (as defined in § 1.169-2), (e) (1) (ii) of § 1.179-1 and paragraph before January 1,1975. based on a period of 60 months. Under (b) (2)1 of § 1.169-3 for additional first- section 169(b) and paragraph (a) of year depreciation in respect of a certi In applying this section in the case of prop § 1.169-4, the taxpayer may further elect erty described in clause (i) of subparagraph fied pollution control facility. (A), there shall be taken into account only to begin such 60-month period either (4) Investment credit not to be al that portion of the basis which is properly with the month following the month in lowed. In the case of any property with attributable to construction, reconstruction, which the facility is completed or ac respect to which an election has been or erection after December 31,1968. quired or with the first month of the tax made under section 169(a), so much of (e) Profitmaking abatement works, etc. able year succeeding the taxable year in the adjusted basis of the property as con The Federal certifying authority shall not which such facility is completed or ac certify any property under subsection (d) stitutes the amortizable basis, as com quired. Under section 169(c), a taxpayer puted under § 1.169-3, shall not be (1) (B) to the extent it appears that by rea who has elected under section 169(b) to son of profits derived through the recovery treated as section 38 property within the of wastes or otherwise in the operation of take the amortization deduction provided meaning of section 48(a). See section such property, its costs will be recovered by section 169(a) may, at any time after 169(h). over its actual useful life. making such election and prior to the (5) Special rules, (i) In the case of a (f) Amortizable basis—(1) Defined. For expiration of the 60-month amortization certified pollution control facility held by purposes of this section, the term “amortiz period, elect to discontinue the amortiza one person for life with the remainder able basis” means that portion of the ad tion deduction for the remainder of the to another person, the amortization de justed basis (for determining gain) of a 60-month period in the manner pre certified pollution control facility which may duction under section 169(a) shall be be amortized under this section. scribed in paragraph (b) (1) of § 1.169-4. computed as if the life tenant were the (2) Special rules.— In addition, if on or before [the date of absolute owner of the property and shall (A) If a certified pollution control fa publication in the F ederal R egister of be allowable to the life tenant during his cility has a useful life (determined as of the regulations under section 1693 an life. the first day of the first month for which election under section 169(a) has been (ii) If-the assets of a corporation which a deduction is allowable under this section) made, consent is hereby given to revoke in excess of 15 years, the amortizable basis has elected to take the amortization de such election without the consent of the duction under section 169(a) are ac of such facility shall be equal to an amount Commissioner in the manner prescribed which bears the same ratio to the portion quired by another corporation in a trans of the adjusted basis of such facility, which in (b) (2) of § 1.169-4. action to which section 381 (relating to would be eligible for amortization but for (2) Amount of* deduction. With respectcarryovers in certain corporate acquisi the application of this subparagraph, as 15 to each month of such 60-month period tions) applies, the acquiring corporation bears to the number of years of useful life which falls within the taxable year, the of such facility. is to be treated as if it were the distrib amortization deduction shall be an utor or transferor corporation for pur (B) The amortizable basis of a certified amount equal to the amortizable basis poses of this section. pollution control facility with respect to of the certified pollution control facility wnich an election under this section is in (iii) For the right of estates and e^ect shaU not be increased, for purposes at the end of such month divided by the trusts to amortize pollution control fa or this section, for additions or improve number of months (including the month cilities see section 642(f) and § 1.642 ments after the amortization period has for which the deduction is computed) (f) -l. For the allowance of the amortiza remaining in such 60-month period. The tion deduction in the case of pollution (g) Depreciation deduction. The déprécia amortizable basis at the end of any control facilities of partnerships, see '°n deduction provided by section 167 shal month shall be computed without regard section 703 and § 1.703-1. uespite the provisions of subsection (a), b to the amortization deduction for such resPect to the portion of th (6) Depreciation subsequent to dis month. The total amortization deduction continuance or in the case of revocation basi ° baSiS which is not the amortizabl with respect to a certified pollution con of amortization. A taxpayer which elects (h) Investment credit not to be allou trol facility for a taxable year is the sum in the manner prescribed under para °f any ProPerty with respect of the amortization deductions allow graph (b) (1) of § 1.169-4 to discontinue seei-inrw1 flectlon has keen made under si able for each month of the 60-month amortization deductions or under para the nrrif ll SO mucl1 of the adjusted basis period which falls within such taxable graph (b) (2) of § 1:469-4 to revoke an subsw'ttS^^/^v f5 (after the application year.-If a certified pollution control fa election under section 169(a) with re basis fm-11 * constitutes the amortiza cility is sold or exchanged or otherwise spect to a certified pollution control bnreltLPUrpOSeS of this section shall : disposed of during 1 month, the amorti meaning s.®ction 38 property within facility is entitled, if such facility is of meaning of section 48(a). zation deduction (if any) allowable to a character subject to the allowance for case o f iCJen“nt ana remainderman. In the original holder in respect of such depreciation provided ip section 167, to a with keld by one person for month shall be that portion of the deduction for depreciation (to the extent duction urw?de+i.l;o an°tker person, the amount to which such person would be allowable) with respect to such facility. as if 5 section shall be compu entitled for a full month which the num In the case of an election to discontinue he life tenant were the absolute ow ber of days in such month during which an amortization deduction, the deduction FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19674 PROPOSED RULE MAKING for depreciation shall begin with the Adjusted basis at beginning of amor (ii) A piece of machinery which re first month as to which such amortiza tization period______120, 000 places one which was in operation prior tion deduction is not applicable and Less: Amortization deductions_____ 40, 000 to January 1,1969, and which was a part shall be computed on the adjusted basis of the manufacturing operation carried of the property as of the beginning of Adjusted basis as of June 1, 1972— 80,000 on by the plant but which does not sub such month (see section 1011 and the Beginning as of June 1, 1972, the deduction stantially increase the capacity of the regulations thereunder). Such deprecia for depreciation under section 167 is allow plant will be considered to be in opera tion deduction shall be based upon the able with respect to the property on its ad tion prior to January 1, 1969. However, remaining useful life of the facility as justed basis of $80,000. an additional machine that is added to a determined, as of the first day of the § 1.169—2 Definitions. plant which was in operation before first month as of which the amortization (a) Certified pollution control facil January 1, 1969, and which represents deduction is not applicable, by applying ity—(1) In general. The term “certified an increase in the plant’s capacity will the rules contained in paragraph (b) of pollution control facility” means a “pol not be considered to have been in opera § 1.167(a)-l. If the taxpayer so elects to lution control facility” described in sub- tion before such date. In addition, if the discontinue the amortization deduction paragraph (2) of this paragraph (i) replacement of equipment occurring under section 169(a), such taxpayer shall which is “a new identifiable facility” after January 1, 1969, represents the re not be entitled to any further amortiza (as defined in paragraph (b) of this sec placement of a substantial portion of a tion deduction under this section and tion) used in connection with a plant or manufacturing plant which had been in section 169(a) with respect to such pollu other property in operation before Jan operation before such date, such replace tion control facility. In the case of a uary 1, 1969 (see subparagraphs (3), (4), ment shall be considered to result in a revocation of an election under section new plant which was not in operation and (5) of this paragraph) and (ii) before such date. Thus, if a substantial 169(a), the deduction for depreciation which is certified in accordance with the portion of a plant which was in existence shall begin as of the time such deprecia rules prescribed in paragraph (c) of before January 1, 1969, is subsequently tion deduction would have been taken this section. See section 169(d). For destroyed by fire and is replaced, such but for the election under section 169(a). profitmaking abatement works limita replacement property shall not be con tion, see paragraph (d) of this section. sidered to have been in operation before See paragraph (b)(2) of §1.169-4 for' (2) Pollution control facility. For pur rules as to filing amended returns for January 1, 1969. In the case of a piece of poses of subparagraph (1) of this para equipment which is considered to have years for which amortization deductions graph, a “pollution control facility” is a been in operation before January 1, 1969, have been taken. facility used to abate or control water see paragraph (b) (2) (iii) of this section (b) Examples. This section may beor atmospheric pollution or contamina for rules as to whether a pollution control illustrated by the following examples: tion by removing, altering, disposing, or device in such equipment is considered to storing of pollutants, contaminants, Example (1). On September 30, 1970, the be “separately identifiable as a treatment X Corporation, which uses the calendar year wastes, or heat. Determinations as to the facility”. as its taxable year, completes the installation meaning of the terms in the preceding (b) New identifiable facility—(1) In of a pollution control facility which is certi sentence shall be made by the Federal general. For purposes of paragraph (a) fied in accordance with paragraph (c) of certifying authority (see paragraph (c) (1) of this section, the term “new identi S 1.169-2. The cost of the facility is $120,000 (3) of this section). fiable facility” includes only tangible and its useful life is 10 years. In accordance (3) In connection. For purposes of property (not including a building and with the rules set forth in paragraph (a) of subparagraph (D of this paragraph, a § 1.169-4, on its income tax return filed for its structural components referred to in 1970, X elects to take amortization deduc pollution control facility is considered subparagraph (2) (i) of this paragraph, tions under section 169(a) with respect to to be used in connection with a plant other than a building and its structural the facility and to begin the 60-month or other property if it is used in the components which under subparagraph amortization period with October 1970, the process of abating or controlling pollu (2) (ii) of this paragraph is exclusively a month following the month in which it was tion which the plant or other property treatment facility) which— completed. The amortizable basis at the end would otherwise release into the atmos of October 1970 (determined without regard (i) Is of a character subject to the phere or water, regardless of whether allowance for depreciation provided in to the amortization deduction under section such facility is affixed to such plant or 169(a) for that m onth), is $12 ,000. The section 167, allowable amortization deduction with re other property. (ii) Is identifiable as a treatment spect to such facility for the taxable year (4) Plant or other property. As used facility (see subparagraph (2) (iii) of this 1970 is $6,000, computed as follows: in subparagraph (1) of this paragraph, paragraph), Monthly amortization deductions: the phrase “plant or other property” (iii) (a) Is property the construction, October: $120,000 divided by 60___ $2,000 means any tangible property used in the reconstruction, or erection (as defined in November: $118,000 (that is, trade or business or held for the pro subparagraph (2) (iv) of this paragraph) $120,000 minus $2,000) divided by duction of income. Such term includes, 59 ______2, 000 for example, a papermill, a motor ve of which is completed by the taxpayer December: $116,000 (that is, hicle, or a .furnace in an apartment after December 31,1968, or $118,000 minus $2,000) divided by house. (b) Is property acquired by the tax 58 ______2,000 (5) In operation before January 1, payer after December 31, 1968, if the Total amortization deduction original use of the property commences for 1970...... 6, 000 1969. (i) For purposes of subparagraph (1) of this paragraph and section 169 with the taxpayer and commences after Example (2). Assume the same facts as in (d), a plant or other property will be such date (see subparagraph (2) (iv) of example (1). Assume further that on May 20, considered to be in operation before Jan this paragraph), and 1972, X properly files notice of its election to uary 1, 1969, if prior to that date such (iv) Is placed in service (as defined in discontinue the amortization deductions' pnKrvorrt»or\V» nf t.VllS with the month of June 1972. The adjusted plant or other property was actually basis of the facility as of June 1, 1972, is performing the function for which it prior to January 1, 1975. $80,000, computed as follows: was constructed or acquired. For ex (2) Meaning of terms, (i) For pur Yearly amortization deductions: ample, a papermill which is completed poses of subparagraph (1) of this para 1970 (as computed in example in July 1968, but which is not actually graph, the terms “building” and ‘struc (1 )) ______$6,000 used to produce paper until 1969 would tural component” shall be construed l 1971 (computed in accordance not be considered to be in operation be-* a manner consistent with the principi with example (1))______24,000 fore January 1, 1969. The fact that such 1972 (for the first 5 months of 1972 set forth in paragraph (e) of § 1*48- • computed in accordance with plant or other property was only op Thus, for example, the following rules example (1))______10,000 erating at partial, capacity prior to Jan are applicable: uary 1, 1969, or was being used as a (a) The term “building” generally Total amortization deductions standby facility prior to such date, shall for 20 months______40,000 not prevent its being considered to be means any structure or edifice encl°®“ in operation before such date. ing a space within its walls, and usua y FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 PROPOSED RULE MAKING 19675 covered by a roof, the purpose of which (iv) For purposes of subparagraph (1) abatement or control of water or atmos is, for example, to provide shelter or (iii) (a) and (b) of this paragraph (re pheric pollution. housing, or to provide working, office, lating to construction, reconstruction, or Thus, if property meets the conditions parking, display, or sales space. The erection after December 31, 1968, and of (b) of this subdivision in a taxable term includes, for example, structures original use after December 31,1968) and year, it shall be considered placed in serv such as apartment houses, factory and paragraph (b) (1) of § 1.169-3 (relating ice in such year notwithstanding that the office buildings, warehouses, barns, ga to definition of amortizable basis), the period for depreciation with respect to rages, railway or bus stations, and principles set forth in paragraph (a) (1) such property begins or would have stores. Such term includes any such and (2) of § 1.167(c)-1 and in para begun in a succeeding taxable year be structure constructed by, or for, a lessee graphs (b) and (c) of § 1.48-2 shall be cause, for example, under the taxpayer’s even if such structure must be removed, applied. Thus, for example, the following depreciation practice such property is or or ownership of such structure reverts rules are applicable: would have been accounted for in a mul to the lessor, at the termination of the (a) Property is considered as con tiple asset account and depreciation is or lease. Such term does not include (I) structed, reconstructed, oi^ erected by the would have been computed under an a structure which is essentially an item taxpayer if the work is done for him in “averaging convention” (see § 1.167(a)- of machinery or equipment, or (2) an accordance with his specifications. (10), or depreciation with respect to such enclosure which is so closely combined (b) The portion of the basis of prop property would have been computed with the machinery or equipment which erty attributable to construction, re under the completed contract method, it supports, houses, or serves that it must construction, or erection after Decem the unit of production method, or the re be replaced, retired, or abandoned con ber 31, 1968, consists of all costs of tirement method. In the case of prop temporaneously with such machinery construction, reconstruction, or erection erty acquired by a taxpayer for use in his or equipment, and which is depreciated allocable to the period after Decómber 31, trade or business (or in the production over the life of such machinery or , 1968, including the cost or other basis of of income), property shall be considered equipment. Thus, the term “building” materials entering into such work (but not including, in the case of reconstruc in a condition or state of readiness and does not include such structures as oil availability for the abatement or control and gas storage tanks, grain storage tion of property, the adjusted basis of the property as of the time such recon of water or atmospheric pollution if, for bins, silos, fractioning towers, blast example, equipment is acquired for the furnaces, coke' ovens, brick kilns, and struction is commenced). (c) It is not necessary that materials abatement or control of water or atmos coal tipples. pheric pollution and is operational but is (b) The term “structural compo entering into construction, reconstruc tion or erection be acquired after Decem undergoing testing to eliminate any de nents” includes, for example, chimneys, fects. However, materials and parts ac and other components relating to the ber 31, 1968, or that they be new in use. (d) If construction or erection by the quired to be used in the construction of operating or maintenance of a building. an item of equipment shall not be con However, the term “structural compo- taxpayer began after December 31, 1968, the entire cost or other basis of such con sidered in a condition Or state of readi nents” does not include machinery or a ness and availability for the abate device which serves no function other struction or erection may be taken into account for purposes of determining the ment or control of water or atmospheric than the abatement or control of water pollution. or atmospheric pollution. amortizable basis under section 169. (e) Construction, reconstruction, or (c) Certification—(1) In general. For (ii) For purposes of subparagraph (1) purposes of paragraph (a)(1) of this of this paragraph, a building and its erection by the taxpayer begins when physical work is started on such con section, a pollution control facility is structural components will be considered certified in accordance with the rules to be exclusively a treatment facility if struction, reconstruction, or erection. (/) Property shall be deemed to be prescribed in this paragraph if— its only function is the abatement or (1) The State certifying authority (?s control of air or water pollution. How acquired when reduced to physical pos session or control. defined in subparagraph (2) of this ever, the incidental recovery of profits paragraph) having jurisdiction with re from wastes or otherwise shall not be (gr) The term “original use” means the first use to which the property is put, spect to such facility has certified to the deemed to be a functich other than the Federal certifying authority (as defined abatement or control of air or water whether or not such use corresponds to pollution. A building and its structural the use of such property by the taxpayer. in subparagraph (3) of this paragraph) components which serve no function For example, a reconditioned or rebuilt that the facility was constructed, recon other than the treatment of wastes will machine acquired by the taxpayer after structed, erected, or acquired in con be considered to be exclusively a treat December 31, 1968, for pollution control formity with the State program or re purposes will not be treated as being put quirements for the abatement or control ment facility even if it contains areas of water or atmospheric pollution or con f0r.^”1^oyees to operate the treatment to original use by the taxpayer regard xacility, rest rooms for such workers, less of whether it was used for purposes tamination applicable at the time of such and an office for the management of other than pollution control by its previ certification, and such treatment facility. However, for ous owner. Whether property is recondi (ii) The Federal authority has cer if*1“Pjf* a building, a portion of which tioned or rebuilt property is a question of tified such facility to the Secretary or his is lor the treatment of sewage and a por fact. Property will not be treated as re delegate as (a) being in compliance with meli? which is for the manufacture of conditioned or rebuilt merely because it the applicable regulations of Federal contains some used parts. agencies (such as, for example, the n°* be excIuslvely a (v) For purposes of subparagraph (1) Atomic Energy Commission’s regula F?1L PurP°ses of subparagraph (iv) of this paragraph (relating to prop tions pertaining to radiological discharge r , thls Paragraph, a facility shall erty placed in service prior to Jan. 1, (10 CFR Part 20)) and (b) being in t0 be “identifiable as a 1975), the principles set forth in para furtherance of the general pob'cy of the m X S S facility” if it meets the re- graph (d) of § 1.46-3 are applicable. United States for cooperation with the ref.erred to in paragraph (a) Thus, property shall be considered Placed States in the prevention and abatement certni«11^ ?ection- However, the fact that in service in the earlier of the following of water pollution under the Federal unrtpì „ °tte Can be specifically identified taxable years : Water Pollution Control Act, as amended menta 1° ^ accounting (including incre- (a) The taxable year in which, under (33 U.S.C.A. 1151-1175) or in the pre attribntnwSt)+Prmciples as being solely the taxpayer’s depreciation practice, the vention and abatement of atmospheric co n S iw ^ to meeting State pollution period for depreciation; with respect to pollution and contamination under the qualifvimfnda£ds sball not be a basis for such property begins or would have Clean Air Act, as amended (42 U.S.C.A. or apy P°rtion of begun; or 1857 et seq.). be a t Ì S T i 10 whlch such costs may (b) The taxable year in which the (2) State certifying authority. The ment facffityb e’ “ an ideniifìable treat- property is placed in a condition or state term "state certifying authority” of readiness and availability for the means—. No. 251- FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19676 PROPOSED RULE MAKING (1) In the case of water pollution, the ket price for wastes or other items, to by reason of estimated profits to be State water pollution control agency as an unanticipated increase or decrease derived through the recovery of wastes defined in section 23(a) of the Federal in the costs of extracting them from or otherwise (as determined by apply Water Pollution Control Act, as amended the gas or liquid released, or to other ing the rules prescribed in paragraph (d) (33 U.S.C.A. 1173(a)), unanticipated factors or events occur of § 1.169-2) a portion or all of the total (ii) In the case of air pollution, the ring after certification. costs of the certified pollution control State air pollution control agency as facility will be recovered over its actual defined in section 302(b) of the Clean § 1.169—3 Amortizable basis. useful life, its amortizable basis (com Air Act, as amended (42 U.S.C.A. (a) In general. The amortizable basis puted without regard to this paragraph 1857h(b)), and of a certified pollution control facility for and paragraph (d) of this section) shall (iii) Any interstate agency author the purpose of computing the amoritza- be reduced by an amount equal to (1) its ized to act in place of a certifying au tion deduction under section 169 is the amortizable basis (so computed) multi thority of a State. See section 23(a) of adjusted basis of such facility for pur plied by (2) a fraction the numerator of the Federal Water Pollution Control Act, poses of determining gain (see part II which is such estimated profits and the as amended (33 U.S.C.A. 1173(b)) and (section 1011 and following)'subchapter denominator of which is its total cost. section 302(c) of the Clean Air Act, as O, chapter 1 of the Code), as modified See section 169(e). amended (42 U.S.C.A. 1857h(c)). by paragraphs (b), (c), and (d) of this (d) Useful life exceeding 15 years. If (3) Federal certifying authority. Thesection. For rules as to additions and a certified pollution control facility has term “Federal certifying authority” improvements to such a facility, see para an actual useful life in excess of 15 years means the Administrator of the Environ graph (f) of this section. (determined as of the first day of the mental Protection Agency (see Reorga (b) Limitation to post-1968 construc first month for which a deduction is al nization Plan No. 3 of 1970, 35 F.R. tion, reconstruction, or erection. (1) If lowable under the election made under 15623). the construction, reconstruction, or erec section 169(b) and paragraph (a) of (d) Profitmaking abatement works,tion was begun before January 1, 1969, § 1.169-4) the amortizable basis of such etc.—(1) In general. Section 169(e) there shall be included in the amortiza facility shall be an amount equal to (1) provides that the Federal certifying ble basis only so much of the adjusted the portion of the adjusted basis of such authority shall not certify any property basis of such facility for purposes of facility which would be eligible for to the extent it appears that, by reason determining gain (referred to in para amortization but for the application of of estimated profits to be derived through graph (a) of this section) as is properly section 169(f) (2) (A) and this paragraph the recovery or reuse of wastes or other attributable under the rules set forth in multiplied by (2) a fraction the numera wise (whether in the form of tangible paragraph (b) (2) (iv) of § 1.169-2 to tor of which is 15 years and the denomi materials or intangible pollutants or construction, reconstruction, or erection nator of which is the number of years of after December 31, 1968. See section 169 its actual Useful life (so determined). nonpollutants) in the operation of such (e) Example. This section may be il property, its costs will be recovered over (d) (4). For example, a certified pollution its actual useful life. For effect on control facility with a useful life of 10 lustrated by the following example: computation of amortizable basis, see years and a cost of $500,000, of which Example. The X Corporation, which uses paragraph (c) of § 1.169-3. $450,000 is attributable to construction the calendar year as its taxable year, began (2) Estimated profits. For purpose of after December 31, 1968, would have an the installation of a pollution control facility amortizable basis of $450,000 (computed with a useful life of 20 y2 years on Novem this paragraph, the term “estimated ber 1, 1968, and completed the installation profits” means— without regard to paragraphs (c) and on .Tune 30, 1970, at a cost of $400,000 of (i) In the case of tangible materials (d) of this section). For depreciation of which $40,000 is attributable to construc or intangibles sold, such as, for example, the remaining portion ($50,000) of the tion prior to January 1, 1969. The X Cor gases, minerals, compounds, or heat, the cost, see section 169(g) and paragraph poration elects to take amortization deduc estimated gross receipts .from such sale (a) (3) (ii) of § 1.169-1. For the definition tions under section 169(a) w ith respect to of the term “certified pollution control the facility and to. begin the 60-month reduced by the sum of the (a) estimated amortization period with January 1, 1971. average annual maintenance and operat facility” see paragraph (a) of § 1.169-2. The corporation takes a depreciation deduc ing expenses, including utilities and la (2) If the taxpayer elects to begin the tion under sections 167 and 179 of $10,000 bor, allocable to that portion of the pol 60-month amortization period with the (the amount allowable, of which $2,000 is for lution control facility which produces the first month of the taxable year succeed additional first year depreciation under sec recovered waste from which the gross re ing the taxable year in which such fa tion 179) for the last 6 months of 1970. It is cility is completed or acquired and a estimated that over the actual useful life of ceipts are derived, and (b) estimated . the facility $80,000 In profits will be realized selling expenses. However, in determin depreciation deduction is allowable under from the sale of wastes recovered in its °P" ing expenses to be subtracted neither section 167 (including an additional eration. The amortizable basis of the facility depreciation nor amortization of the first-year depreciation allowance under for purposes of computing the amortization pollution control facility is to be taken section 179) with respect to the fa deduction as of January 1, 1971 is $210,600, into account. cility for the taxable year in which computed as follows: (ii) In the case of such tangible ma it is completed or acquired, the (1) Portion of $400,000 cost at amount determined under subpara tributable to post-1968 con terials or intangibles reused, the esti struction, reconstruction, or mated savings to the taxpayer because graph (1) of this paragraph shall be erection 1______------$360,000 of such reuse. Such savings shall be es reduced by an amount equal to (i) (2) Reduction for por timated in accordance with generally the amount of such allowable depre tion of depreciation accepted accounting principles used in ciation multiplied by (ii) a fraction deduction taken for the taxpayer’s trade or industry. How the numerator of which is the amount the. taxable year in ever, in determining expenses to be sub determined under subparagraph (1) of which the facility this paragraph, and the denominator of was completed: tracted neither depreciation nor amorti (a) $10,000 deprecia zation of the pollution control facility is which is its total cost. The additional tion deduction taken to be taken into account. first-year allowance for depreciation for last 6 months of (3) Special rules. The estimates of under section 179 will be allowable only 1970 . in c lu d in g cost recovery required by subparagraph for the year in which the facility is com $2,000 for additional (2) of this paragraph shall be based on pleted or acquired and only if the tax first year deprecia payer elects to begin the amortization tion under section the estimated useful life of the facility 179 ______$10,000 as that term is used in paragraph (b) deduction under section 169 with the tax able year succeeding the taxable year (b) Multiplied by the of § 1.167(a)-l. Such estimates shall be amount in line (1) made at the time the application for cer in which such facility is completed or and divided by the tification is made to the Federal certify acquired. See paragraph (e)(1) (ii) of total cost of the ing authority. There shall be no rede § 1.179-1. facility ($360,000/ 000 termination of estimated profits due to (c) Modification for profitmaking $400,000)...... — ° a - unanticipated fluctuations in the mar abatement works, etc. If it appears that FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 PROPOSED RULE MAKING 19677 (3) Subtotal------$351,000 (vi) The total costs and expenditures § 1.169-1 shall be made by a statement (4) Modification for profit making - paid or incurred in the acqusition, con abatement works: Multiply line in writing filed with the district director, (3) by estimated profits through struction, and installation of such or with the director of the internal reve waste recovery ($80,000) and di facility; nue service center, with whom the return vide by total cost of facility (vii) A description of any tangible of the taxpayer is required to be filed for ($400,000) S materials or intangibles which the fa its taxable year in which falls the first (5) Reduction------$70, 200 cility will recover during the course of month for which the election terminates. its operation, and a reasonable estimate Such statement shall specify the month (6) Subtotal ______$280, 800 of the profits which will be realized by as of the beginning of which the tax (7) Modification for useful life ex- - the sale or reuse of such tangible mate ceedlng 15 years: Multiply by 15 payer elects to discontinue such deduc years and divide by useful life rials or intangibles, whether pollutants tions. Unless the election to discontinue (determined in accordance with or otherwise, over the actual useful life amortization is one to which subpara paragraph (d) of this section) of the facility. Such estimate shall in graph (2) of this paragraph applies, such (20 years)______.------0, 75 clude a schedule setting forth a detailed statement shall be filed before the be computation illustrating how the esti ginning of the month specified therein. (8) Amortizable basis__ „______$210,600 mate was arrived at including every ele In addition, such statement shall con (f) Additions or improvemtnts. (1) Ifment prescribed in the definition of esti tain a description clearly identifying the after the completion or acquisition of a mated profits in paragraph (d)(2) of certified pollution control facility with certified pollution control facility further § 1.169-2; respect to which the taxpayer elects to expenditures are made for additional (viii) A computation showing the am discontinue the amortization deduction construction, reconstruction, or improve ortizable basis (as defined in § 1.169-3) and a copy of the certification by the ments, the cost of such additions or im of the facility as of the first month for Federal certifying authority. For pur provements made prior to the beginning which the amortization deduction pro poses of this paragraph, notification to of the amortization period shall increase vided for by section 169(a) is elected; the Secretary or his delegate from the the amortizable basis of such facility, and Federal certifying authority that the but the cost of additions or improve (ix) A statement that the facility has facility no longer meets the requirements ments made after the amortization been certified by the Federal certifying under which certification was originally period has begun shall not increase authority, together with a copy of such granted by the State or Federal certify the amortizable basis. See section certification, and a copy of the applica ing authority shall have the same effect 169(f) (2) (B). tion for certification which was filed with as a notice from the taxpayer electing (2) If expenditures for such addi and approved by the Federal certifying to terminate amortization as of the tional construction, reconstruction, or authority. month following the month such facility improvements result in a facility which (2) Late certification. If a pollution ceased functioning in accordance with is new and is separtely certified as a cer control facility has not been certified by such requirements. tified pollution control facility as de the proper certifying authority within (2) Revocation of elections mode prior fined in section 169(d) (1) and paragraph 90 days before the date on which the to ithe date of publication in the Fed (a) of § 1.169-2, and, if proper election return described in this paragraph is due, eral Register of the regulations under is new and is separately certified as a cer- the election may be made by a statement section 1691. If on or before [such date] into account in computing under para in an amended income tax return for an election under section 169(a) has been graph (a) of this section the amortizable the taxable year in which falls the first made, such election may be revoked (see basis of such new and separately certi month of the 60-month amortization paragraph (a)(1) of § 1.169-1) by filing fied pollution control facility. period so elected. The statement and amended return in such case must be on or before [the 90th day after the date] § 1.169—4 Time and manner of making filed not later than 90 days after the a statement of revocation of an election elections. date the facility is certified by the Fed under section 169(a) in accordance with eral certifying authority. Amended in the requirements in subparagraph (1) of (a) Election of amortization—(1) In this paragraph for filing a notice to d!s- general. Under section 169(b), an elec come tax returns or claims for credit or tion by the taxpayer to take an amortiza refund must also be filed at this time for continue an election. If such election to tion deduction with respect to a certified other taxable years which are within revoke is for a period which falls within pollution control facility and to begin the the amortization period and which are one or more taxable years for which an 60-month amortization period (either subsequent to the taxable year for which income tax return has been filed, with the month following the nonth in the election is made. Nothing in this amended income tax returns shall be filed which the facility is completed or ac paragraph should be construed as ex for any such taxable years in which de quired, or with the first month of the tending the time specified in section 6511 ductions were taken under section 169 on taxable year succeeding the taxable year within which a claim for credit or re or before [such 90th day]. hi which such facility is completed or fund may be filed. P a r . 3. Paragraph (e) (1) of §1.179-1 shall be made by a statement (3) Other requirements and consid is amended to read as follows: to that effect attached to its return for erations. No method of making the elec § 1.179—1 Additional first-year depreci tne taxable year in which falls the first tion provided for in section 169(a) other a tio n allow ance. the 60-month amortization than that prescribed in this section shall ***** s?, elected. Such statement shall be permitted on or after tthe date of (e) When allowance is available. include the following information: publication in the F ederal R egister of (1) * * * oaiL* A description clearly identifying the regulations under section 169]. A (ii) In the case of property which the fnr h„ R ifle d pollution conti-c.' facility taxpayer which does not elect in the taxpayer elects to amortize under any claimed* &n amortization deduction is manner prescribed in this section to take provision listed in subdivision (iii) of amortization deductions with respect to this subparagraph and which property ?ai e on ^ i c h such facility a certified polliition control facility shall also qualifies as section 179 property, the graDh °rhwoor acc*uired (see para not be entitled to such deductions. In the additional first-year depreciation allow graph (b) (2) (iv) of § 1.169-2); case of a taxpayer which elects prior to ance is not available (except as provided [such date], the statement required by in this subdivision) unless the taxpayer c ilitv L ^ v f0^ 1 useful life of the fa subparagraph (1) of this paragraph shall in service* ^ date the property is Placed elects under the applicable provision to be attached to its income tax return for begin the amortization deductions under its taxable year in which [such date] such provision with the succeeding tax Shod** to begin“ 1* the am0rtt' occurs. able year. If the taxpayer elects to begin (b) Election to discontinue or revoke erty plant or other prop- the amortization deductions with the amortization—(1) Election to discon month following the month in which befftm wllich the facility is connected tinue. An election to discontinue the g (see Paragraph (a) (5) the property was completed or acquired amortization deduction provided by sec or was placed in service (as the case tion 169(c) and paragraph (a) (1) of may be), and the property qualifies as FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29. 1970 19678 PROPOSED RULE MAKING section 179 property, the additional first- (2) Exchanges subject to the provisions Aid Program and Planning Grant Pro year allowance is available only with of section 1081(b). * * * gram under the Airport and Airway De (B) Property (not described in subpara velopment Act of 1970 (Public Law 91- respect to that portion of the property graph (A) ) with respect to which a deduc which is not amortizable under the ap tion for amortization is allowable under sec 258, 84 Stat. 219 et seq.). The determina plicable provision. If 100 percent of the tions 168, 169, 184, 185, or 187; tion of whether to publish a notice of property is amortizable under the ap ***** proposed rule making where the matter plicable provision, and if the taxpayers relates to public grants, benefits, and [Sec. 1082 as amended by sec. 704(b)(3), contracts, is discretionary with the Ad elects under the applicable provision to Tax Reform Act, 1969 (83 Stat. 669) ] begin the amortization deductions under ministrator. This notice, however, is such provision with such following [F.R. Doc. 70-17472; Piled, Dec. 28, 1970; published in consonance with a policy of month, no additional first-year allow 8:48 a.m.] soliciting public participation in rule ance is available with respect to any making where the change is of interest portion of the property. to the pubic. (iii) The provisions of subdivision (ii) Interested persons are invited to par of this subparagraph shall apply in the DEPARTMENT OF ticipate in the making of the proposed case of the following: rule by submitting such written data, TRANSPORTATION views, or arguments as they may desire. . (a) An emergency facility which the Communications should identify the taxpayer elects to amortize under the Federal Aviation Administration regulatory docket or notice number and provisions of section 168. [ 14 CFR Part 75 ] be submitted in dluplicate to: Federal (b) A certified pollution control facil Aviation Administration, Office of the ity which the taxpayer elects to amortize [Airspace Docket No. 70-WA-31] General Counsel, Attention: Rules under the provisions of section 169. AREA HIGH ROUTES Docket, GC-24,800 Independence Avenue ***** SW., Washington, DC 20590. All commu P ar. 4. Section 1.642(f) is amended by Proposed Designation; Extension of nications received on or before March 1, revising section 642(f), and by adding Comment Period 1971, will be considered by the Admin a historical note. These amended and In a notice of proposed rule making istrator before taking action on the added provisions read as follows: proposed rule. The proposal contained in published in the F ederal R egister on this notice may be changed in the light § 1.642(f) Statutory provisions; estates November 26, 1970 (35 F.R. 18125), and of comments received. All comments sub and trusts; special rules for credits amended on December 3, 1970 (35 F.R. mitted will be available, both before and and deductions; amortization deduc 18402), it was stated that the Federal after the closing date for comments, in tions. Aviation Administration (FAA) proposed designation of four area high routes the Rules Docket for examination by Sec. 642. Special rules for credits and interested persons. deductions. * * * between New York City, N.Y., and Oak The Airport and Airway Development (f) Amortization deductions. The benefit land, Calif./Los Angeles, Calif. In ac Act of 1970 authorizes the Secretary of of the deduction for amortization provided cordance with the terms of thé notice, by sections 168, 169, 184, and 187 shall be the time for public comment was to Transportation to exercise the regula allowed to estates and trusts in the same expire on December 26,1970. tory functions set forth in Part n of manner as in the case of an individual. The The Department of the Air Force has the Act (sections 11 through 27). The allowable deduction shall be apportioned be requested an extension of the commefit Secretary has delegated that authority' tween the income beneficiaries and the fi to the Administrator of the Federal Avia duciary under regulations prescribed by the period to establish a position relative to tion Administration (35 F.R. 17044), ex Secretary or his delegate. this proposal. The FAA considers that such an extension is justified. Accord cept with respect to certain provisions [Sec. 642(f) as amended by sec. 704(b)(2), ingly, notice is hereby given that all for approval, hearings, air and water Tax Reform Act 1969 (83 Stat. 669) ] comments received on Airspace Docket quality, and airport site selection with P ar. 5. Section 1.642(f)-l is amended No. 70-WA-31 on or before January 11, respect to any project as to which op to read as follows: position is stated, whether expressly or 1971, will be considered by the Federal by proposed revision, by any Federal, § 1.642(f)—! Amortization deductions. Aviation Administration before action is State, or local government agency or by An estate or trust is allowed amortiza taken on the regulatory action proposed a substantial number of persons, other tion deductions with respect to an emer therein. than one of those agencies. gency facility as defined in section 168 Communications should be submitted Part 151 of the Federal Aviation Regu (d), with respect to a certified pollution in triplicate to the Federal Aviation Ad lations prescribes the policies and proce control facility as defined in section 169 ministration, Office of the General Coun dures for administering the Federal-aid (d), with respect to qualified railroad sel, Attention: Rules Docket, 800 Inde Airport Program under the Federal Air rolling stock as defined in section 184(d), pendence Avenue SW., Washington, DC port Act. Until that program is com and with respect to certified coal mine 20590. pletely phased out, Part 151 will continue safety equipment as defined in section This amendment is proposed under the to govern projects and grants made 187(d), in the same manner and to the authority of section 307(a) of the Fed under that Act. Section 52(c) of tn same extent as in the case of an individ eral Aviation Act of 1958 (49 U.S.C. 1348) 1970 Act continues in effect all orders, ual. However, the principles governing and section 6 (c) of the Department of determinations, rules, regulations, per the apportionment of the deductions for Transportation Act (49 U.S.C. 1655(c)). mits, contracts, certificates, licenses,, depreciation and depletion between fidu Issued in Washington, D.C., on De grants, rights, and privileges 1SSU ciaries and the beneficiaries of an es cember 23, 1970. made, granted or allowed to become - tate or trust (see sections 167(h) and 611 T. McCormack, fective under the Federal Airport A (b) and the regulations thereunder) Acting Chief, Airspace and , mtil appropriately terminated. shall be applicable with respect to such Traffic Rules Division. Regulations are now proposed to P amortization deductions. scribe the policies and procedures [F.R. Doc. 70-17494; Filed, Dec. 28, 1970; idministering the provisions for P ar. 6. Section 1.1082 is amended by 8:52 ajm.] revising subparagraph (B) of section Planning Grant Program and the 1082(a)(2) and by adding a historical x>rt Development Aid Program. The note. These revised and added pro [ 14 CFR Part 152 1 relopment program regulations in * visions read as follow's: >art are the same as existing substantiv [Docket No. 10747; Notice 70-50] provisions of Part 151. § 1.1082 Statutory provisions; basis of- AIRPORT DEVELOPMENT AID Section 151.72 now provides for m- property acquired in exchanges and lorporation by reference of teem» distributions made in obedience to Notice of Proposed Rule Making orders of the Securities and Ex guidelines contained in certain ad ch an g e C om m ission. The Federal Aviation Administration jirculars as mandatory standards, Sec. 1082. Basis for determining gain or is considering the issue of regulations proposed regulations will likewise in loss—(a) Exchanges generally. * * * implementing the Airport Development porate these mandatory standards, FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 PROPOSED RULE MAKING 19679 the circulars will be updated and properly this portion of the 1970 Act. Appropriate sor will be required to obtain the written referenced. The proposed regulations general provisions will incorporate the consent of the appropriate FAA office, likewise will reflect any relevant proposal statutory limitations that a grant under and in so doing the sponsor will be re to amend Part 151 that is made before the program may not exceed two-thirds quired to submit assurance that compe their issuance. Thus, Notice 70-13, issued of the cost incurred in the accomplish tent personnel are available to satisfac March 11, 1970 (35 F.R. 4864) proposed ment of the planning project, and that torily accomplish the proposed planning; requiring the sponsor of any project not more than 7% percent of the avail a detailed schedule of costs and charges under the Federal-Aid Airport Program able funds in any fiscal year may be al- for professional, technical, and other that includes lighting facilities to provide i located for projects within a single State, personnel, and for equipment, material, for installing an approach airport beacon Puerto Rico, the Virgin Islands, or Guam. and other relevant cost items; and a firm if one is not already installed on the The general provisions will also provide schedule for timely accomplishment of airport. for charging of grants to States in pro the project. As to airport master plan In view of the ready accessibility of portion to the number of square miles ning, the proposed regulations will re Part 151 to all interested persons and the the project encompasses in each of more quire a request for a grant to be accom large volume of the new regulations that than one State. panied by the current airport layout plan will include substantive provisions al Appropriate regulations will cover if in existence, and’by material showing ready printed in Part 151, the proposed sponsor eligibility. Here the legal, finan the project scope and the basis for regulations are not set forth in full here. cial, and other eligibility criteria /Will be estimated costs. As to airport system A number of changes are required under substantially the same as those for spon planning, the proposed regulations will the 1970 Act or will be made to reflect sor eligibility for an airport development require a request for a grant to be accom changes in, or extensions of, policy. Still project. However, one difference neces panied by a study design or other sim other changes will be made for clarify sary under the language of the 1970 Act ilar material showing the scope of the ing and certain other purposes. These requires a sponsor to be a “planning planning project, and by material show cjoanges are described in detail herein. agency” (as defined in the Act) in the ing the basis for estimated costs. ’ A. Changes required under the 1970 case of a planning grant with respect to The proposed regulations will provide Act. The Airport and Airway Develop an airport system planning project. A that any change in the grant agreement ment Act of 1970 is in large measure pat sponsor of an airport master planning for planning may not increase the maxi terned after the Federal Airport Act. grant will, as in the case of an airport mum obligation of the United States un- There are parallel provisions for such development project, be a “public der the grant agreement. In this respect, matters as national planning of public agency,” as defined. a difference will exist from the 10 percent airport development, grants for airport The proposed regulations will include increase allowable in the case of airport development, distribution of funds, sub appropriate new .provisions covering development that is specifically included mission and approval of projects, United project eligibility and application proce in section 19 of the 1970 Act (as well as States’ share of project costs, project dures for each kind of planning grant, in the Federal Airport Act). sponsorship, grant agreements, allowable for grant agreements, for allowable costs, To be an allowable cost under a plan project costs, payments under grant and for payments, accounting, and audit. ning grant, under the proposed regula agreements, and performance of con As to airport master planning, a proj tions a cost will be required to have been struction work. ect will be required to be one for a public necessary to accomplish airport plan Some departures, in the substantive airport location that is included in the ning in conformity with an approved provisions of the 1970 Act, from those in current National Airport System Plan. It project and with the terms of the grant the prior Act now require the issuance is anticipated that the following items agreement for the project, to be reason of regulations that are changed from the will be eligible: Inventory of existing air able in amount, to have been incurred Part 151 regulations. Reference is made, port facilities and related data/plans; after the execution of the grant agree wherever pertinent, to the Part 151 sec forecasts of aviation demand; demand/ ment, and to be supported by satisfactory tion that will be used in changed form. capacity analyses; facility requirement evidence. The proposed regulations on (1) Wherever appropriate (whether or determinations; environmental impact planning projects will be consistent with not other changes are to be made) the studies; site selection; airport layout Bureau of the Budget Circular A-87 new terminology of the 1970 Act will be plans; land use plans; terminal area (Principles for determining costs appli used. Thus, the terms “Airport Develop plans; airport access plans/studies; cable to grants and contracts with State ment Aid Program,” “Airport and Air schedules of proposed/staged develop and local governments), issued May 9, way Development Act of 1970,” and ment; estimates of deyelopment costs; 1968. However, since most of the en “National Airport System Plan” will be economic feasibility studies of proposed gineering work will be performed under substituted for the terms “Federal-Aid development; financial plans for devel third-party contracts, administrative Airport Program,” “Federal Airport Act,” opment capital; and printing of master costs will only be allowed in connection and “National Airport Plan,” respec plans. with force account work, which most tively. As to airport system planning, it is have prior FAA approval. anticipated that the following items will As to payments for planning costs, the (2) The 1970 Act provides for t be eligible: Inventories of existing air proposed regulations will provide for kinds of planning for development pi port facilities and related data/plans; payments in the same manner as in the Poses. The first is designated “airp review of land use and ground trans case of the Airport Development Aid ^ster planning,” and it is concerr portation planning and environmental/ Program. The final payment will be with the development for planning pi ecological considerations; aviation de made, upon the sponsor’s request, after Poses of information and guidance mand forecasts; airfieldrterminal area, the conditions of the planning grant determine the extent, type, and nati access capacity analyses; airspace anal agreement have been met; a showing of ^evolopment needed at a specific a yses; facility requirement determina cost as to each item has been submitted; P rt. The second is designated “airp tions;, schedules of plan implementation; and an audit has been made of submit P^anning.” and it is concerr estimates of development costs; financial ted material or of the sponsor’s records, nr»* *. development for planning pi plans for development capital; and print if the FAA considers this desirable. An I™ of formation and guidance to < ing of system plans. The proposed reg appropriate FAA form will be made extent, type, nature, lo< ulations will specify that the master available for applications for grant pay nPAri’J!ind tlming °f airport developm« needed in a specific area. planning project elements for a specific ments. The proposed regulations will in airport will not be eligible for funding in clude appropriate provisions for required th S S S ?f the 1970 Act author! the development of airport system plans. adequate accounting records, with segre for funds to planning agenc Application procedures will be pro gated information affecting cost of de Uc s?sten* Planning, and to pi vided for each kind of planning grant, veloping airport system plans and cost S th * 5 5 5 f<* airp?rt master planni: including new FAA forms for the pur of developing airport System plans; for a and armnvtr lunitations on the amoi pose. Before submitting an application 3-year retention period as to invoices, Dospri PPOrtilonment °f grants. The p as to a planning project to be accom cost estimates, payrolls, and evidence of Posed regulations will fully implem< plished with its own personnel, the spon payment of project costs; and for audits. FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19680 PROPOSED RULE MAKING (3) Paragraph (a) of § 151.3—Na consistency with the goals and objectives Act of 1970 prohibits the approval of any tional Airport Plan, provides for the of such urban planning as has been car project application for a project involv yearly preparation of a “National Air ried out by the community. When hear ing airport location, a major runway port Plan” for developing public airports ings are held, the sponsor must submit extension, or runway location unless the in the United States, Puerto Rico, the a copy of the transcript to the Adminis Governor of the State in which the Virgin Islands, and Guam. Section 12(a) trator upon request. project may be located certifies in writing of the Airport and Airway Development The proposed regulations will require that there is reasonable assurance that Act of 1970 provides instead for prepara an eligible sponsor to accompany his ap the project will be located, designed, con tion within 2 years, and subsequent re plication for aid for eligible airport structed, and operated so as to comply view and revision as necessary, of a development with evidence to show he with applicable air and water quality “National Airport System Plan” for de has complied with these hearing require standards. Where such standards have veloping public airports in the United ments, that are now directed to him, as not been approved or where they have States. The proposed regulations will in set forth in full in the rules. The regula been promulgated by the Secretary of the corporate this change. In this connec tions will provide for published 2-week Interior or the Secretary ofHealth, Edu tion, section 12(a) mentions only the notice; for a hearing where requested by cation, and Welfare, certification must be United States. However, since section a person with a significant social, eco obtained from the appropriate Secretary. 12(a) also provides that the plan shall nomic, or environmental interest in the Under the proposed regulations approval include all types of airport development matter; for a hearing procedure; and for of the project will be conditioned on eligible for Federal aid under section 14, submission of a transcript. They will also receipt of certification and on compli and the latter section includes authority provide for review and evaluation of the ance with the applicable air and water for grants for airport developments in transcript to assist the Administrator in quality standards during construction Puerto Rico, the Virgin Islands, and making determinations for approval of and operation. Guam, it apparently is contemplated projects found to have adverse effects on (10) Section 16(f) of the Airport and that the plan should encompass develop natural resources, after the required con Airway Development Act of 1970 pro ment of public airports in those areas as sultation with the Department of the vides that in the case of a proposed new well as in the United States. Interior and the Department of Health, airport serving any area, which does not (4) Sections 8 and 9 of the Federal Education, and Welfare pursuant to sec include a Metropolitan area, an airport Airport Act includes provisions for tion 16(c) (4) of the 1970 Act (see item development project may not be ap “Advance Planning and Engineering A.8 below). proved with respect to any proposed air Grants.” These provisions are imple (6) The Airport and Airway Develop port site that is not approved by the mented by Subpart D of Part 151—Rules ment Act of 1970 includes in its defini community or communities in which the and Procedures for Advance Planning tion of “airport development” work with airport is proposed to be located. The and Engineering Proposals. The Airport respect to navigation aids; safety equip proposed regulations would reflect this and Airway Development Act of 1970 ment required by regulation for certifica provision. does not provide for these grants, there tion of the airport under the new section (11) Section 10(d) of the Federal Air fore the proposed regulations will not 612 of the Federal Aviation Act of 1958 port Act provides that to the extent that include provisions similar to these in (operating certificates for airports serv the project costs of an approved project Subpart D of Part 151. Accordingly, the ing air carriers certificated by the Civil represent the cost of (1) land required limitation on projects to civil aviation Aeronautics Board); and acquisition of for the installation of approach light needs in paragraph (b)—Safe, useful, land for future airport development. Ac systems, (2) in-runway lighting, (3) and usable unit, in § 151.5 (General pol cordingly, the proposed regulations will high intensity runway lighting, or (4) icies) will not encompass advance plan specifically include these three categories runway distance markers, the U.S. share ning or engineering proposals. Instead, in airport development to which the rules may not exceed 75 percent of the allow this paragraph will apply to projects for and procedures for airport develop able costs thereof. The parallel provision airport master planning (see item (2) ment projects and project programing in section 17(d) of the Airport and Air above). standards will apply. way Development Act of 1970 differs The general policies on grant of funds (7) Section 151.37—Sponsor eligibility, from this in three respects. First, the in paragraph (a) of § 151.7—Compliance includes the United States or an agency second item is designated as “touchdown with sponsorship requirements, now refer thereof as an eligible sponsor, pursuant zone and centerline runway lighting.” to airport planning and engineering, and to the definition of “public agency” in Second, the fourth item, runway distance in paragraph (b)(1) of § 151.7—-Small the Federal Airport Act. The 1970 Act markers, no longer appears. Third, the proposals and projects, now exclude from does not include the United States in its maximum U.S. share now is 82 percent the Federal-Aid Airport Program a proj definition of “public agency,” therefore of these allowable costs, instead of 75 ect with an advance planning and engi the proposed rule will not provide for percent* The proposed regulations ac neering proposal involving no more than eligibility of the United States as a cordingly will reflect these changes, both $1,000 of U.S. funds. The proposed gen sponsor. in implementing the policy that the eral policies will not include these items. (8) As a provision that is not in the project must provide for such of the (5) Section 151.65—Memoranda and Federal Airport Act, section 16(c) (4) of three named landing aids as are deter hearings, responsive to the provisions of the Airport and Airway Development Act mined to be needed for safe and efficient section 9(e) of the Federal Airport Act, of 1970 prohibits the approval of any use of the airport by aircraft, and in the provides that a person having a substan airport development project involving provision of U.S. share of project costs. tial interest in the disposition of any airport location, a major runway exten Likewise, runway distance markers wi application by the Administrator may sion, or runway location that is found to be excluded from the list of eligibi file a memorandum in support of, or in have an adverse effect on natural re Dject items. opposition to, the application, and that sources, including fish and wildlife, B. Changes to reflect changes in, or such person shall be accorded, upon re natural, scenic, and recreation assets, tensions of, policy. (1) Section 151.7 quest, a public hearing with respect to water and air quality, and other factors ant of funds: general policies, requires, the location of any airport the develop affecting the environment unless, after a general policy for a grant of funu > ment of which is proposed. consultation with the Secretaries of the at the sponsor has met or will mee Section 16(d) of the 1970 Act prohibits Interior and Health, Education, and Wel e requirements established by e^st Jj the approval of an airport development fare, it is found that no feasible and d proposed agreements with theUm . project involving the location of an air prudent alternative exists and that all ates with respect to any^ airport that port, an airport runway, or a runway possible steps have been taken to mini b sponsor owns or controls. Ami extension unless the public agency spon mize such adverse effect. Under the pro Bse agreements are grant ajreern soring the project certifies that there has posed regulations, this will be made a ide under the Federal-Aid Ai P been afforded the opportunity for public condition to the approval of the project. ogram and conveyances made hearing for the purpose of considering (9) Also as a provision that is not in ;tion 16 of the Federal Airport Act. Th the economic, social, and environmental the Federal Airport Act, section 16(e) oposed rules will require compliance effects of the airport location and its of the Airport and Airway Development th agreements made both under FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 PROPOSED RULE MAKING 19681 two provisions and under parallel pro As to high intensity runway edge centerline runway lighting on a runway visions of the 1970 Act. Thus, compliance lighting, the criteria in the proposed reg designated for takeoffs under Category II with continuing covenants made in a ulations will require it as part of a proj conditions at large hub airports. Center- grant agreement under the earlier Act ect (1) on a designated Category II run line runway lighting is very useful on will be expected of a sponsor under the way when that runway is equipped or runways designated for Category II take new Act. programed to be equipped with navi offs since it will allow aircraft on the (2) Section 151.9—Runway clear gational aids that will allow Category n ground to take off that would otherwise zones: general, defines “runway clear operations; (2) on a runway equipped be held in place or else be required to use zone” as “an area at ground level which with or programed for an ILS and RVR the Category II landing runway. Here, 50 begins at the end of each primary sur equipment within 5 years; or (3) on a percent participation is considered rea face defined in § 77.27(a) * * *.” The runway equipped or programed for an sonable. Fifty percent Federal participa proposed regulations will contain a defi ILS (and not for RVR) and planned for tion (or the allowable percentage for nition of a runway clear zone having the service by aircraft of 150,000 pounds or public land States) also will be provided same dimensions but oriented to begin more within 5 years. Installation of for high intensity runway edge lighting at a point 200 feet from the runway touchdown zone lighting, centerline run that is eligible for lighting but does not threshold, rather than from the end of way lighting, and high intensity edge meet the requirements for 82 percent the primary surface. This proposal stems lighting are necessary parts of the Federal participation if the runway is from a technological study made of the Category II installation to provide visual programmed to be a precision instrument matter, guidance in the last stages of the ap landing runway within the next 5 years. (3) Section 151.11—Runway clear proach and landing. Without all of these It is expected that the aircraft of the zones: requirements, uses the phrase systems the Category n operations can future will be larger and land at higher “runway or landing strip” in connection not be authorized. In addition to its use speeds. Therefore, on ILS runways, it is with the requirements for clear zones. on Category II runways, high intensity considered appropriate to allow 50 per Originally, all aircraft operated from runway edge lighting is required on run cent participation in the costs of high relatively unimproved airfields. As avia ways with ILS and RVR equipment or intensity runway lighting to encourage tion developed, the alignment of takeoff where the runway will be served by an sponsors to install this better lighting and landing paths became well defined ILS and used by aircraft of 150,000 system and to avoid the possibility of and these paths became known as land pounds or more. The RVR equipment is 'necessary replacement when the larger ing strips. Later, requirements of more a device for estimating the distance the aircraft seek to serve the airport. advanced aircraft necessitated improv pilot would see runway edge lighting and The proposed regulations parallel to ing or paving the center portion of the where installed RVR is based on the § 151.87 will, like that regulation, pro landing strip. The term “landing strip” high intensity runway edge light system vide for eligibility of economy approach was retained to describe the graded area intensities. The larger aircraft (150,000 lighting aids for inclusion in a project at upon which the runway or improved sur pounds or more) land at a higher speed an airport that will not qualify within face was placed. Consequently, landing and require more visual guidance from the next 3 years for approach lighting strips ceased to be designed primarily the runway than smaller aircraft. aids installed by the FAA under the for the takeoff and landing of aircraft. These criteria for high intensity run • Facilities and Equipment Program, but Rather, the primary rqle of the landing way lighting required as part of a under more specific criteria. There are strip changed to that of a safety area project, as well as those for touchdown three types of economy approach lighting surrounding the runway. This area, when and centerline runway lighting, are now systems: _ ~ traversed unintentionally, should be part of the total system for Category II (a) Medium Intensity Approach capable of supporting aircraft without landing and, although installed and Lighting System (MALS). This is used causing major damage or injury to the maintained by the sponsors, must be to correct visual problems on a nonpre occupants of the aircraft. This change present for safety and regularity of traf cision instrument runway. Identification and other refinements in airport design fic in low visibility weather. Accordingly, problems are corrected by the use of associated with modern aircraft develop in the provision of the proposed regula three sequenced flashes on the approach ments dictate the need for providing tions that will parallel § 151.43—U.S. end. The installation of MALS can result more accurate terminology. Accordingly, share of project costs, the U.S. share of it is proposed to use the term “runway in a reduction in the landing minimnms, safety area” instead of the term “landing the costs of an approved project, repre This will be eligible on a runway with an strip” in the new regulations. senting the costs of any of the following* assigned, or having the potential for, will be 82 percent: nonprecision instrument approach pro (4) Section 151.13-Federal-Aid Air (a) Acquiring land needed for install cedure where a visual problem exists on port Program: Policy affecting landing ing, operating, and maintaining an ALS. the approach. MALS with sequenced aia requirements, states that approval of (b) Installing touchdown zone and flashers (MALS) will be eligible where a project for developing or improving an centerline runway lighting on a desig an identification problem exists on the airport is conditioned upon acquiring or nated Category II runway. approach. installing such of the four listed land (c) Installing high intensity runway ing aids as the Administrator determines (b) Runway End Identifier Light Sys edge lighting on a designated Category II tem (REILS). This is not used on the ^or ^ke safe and efficient use runway, or on a runway for which RVR same end of the runway where MALS is ttle. airport by aircraft considering equipment or service by aircraft of Je Mtegory 0f the airport and the type installed. It enables the pilot to recog 150.000 pounds or more is programed nize the runway end from a distance on trafflc using it. These re- within the next 5 years.' approach and reduce pilot difficulty in thrcf • landing S'i^ will be reduced to Section 151.87—Lighting and electrical J r tonmnber under the 1970 Act (see landing. It will be eligible where MALS work, provides project programing is not installed, and where identification ornar>h r°v,^0ve) 1 Tlie criteria for ap- standards for lighting and electrical of runway ends is difficult. fn *u.llghting systems will be the same work. The parallel provisions in the pro *i Proposed regulations as in (c) Visual Approach Slope Indicator posed regulations will implement the (VASI). The two box VASI (VASI-2), neprt nf ’ except tor the addition of a above-described policy affecting land of funding of the formerly AVASI, provides visual ap mstallation costs. ing aid requirements and provisions proach slope guidance. On runways not stating U.S. share of project costs with provided with electronic guidance, the w a^iilhi^J0^ and centerline run- respect to installing touchdown zone and light signals are beneficial in aiding the centerline runway lighting on a desig pilot of an aircraft to determine his cor nated Category II runway, and high in rect approach slope^The presence of ob tensity runway edge lighting on a des jects in the approach area may involve a ignated Category n runway for which serious hazard if an aircraft descends RVR equipment or service by aircraft of below the normal path. The VASI-2 is 150.000 pounds or more is programed useful for noise abatement purposes by tions on l ? eratlons and these opera- within the next 5 years. providing a visual approach slope that assured. ltl& runway are reasonably These regulations also will provide for eliminates the necessity for additional 50 percent Federal participation as to surges of power during final approaches FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19682 PROPOSED RULE MAKING to land. The visual aiming point obtained obsolete. Under the proposed regulations, Transportation Order 5610.1, imple with VASI-2 reduces the probability of this matter will be covered by a manda menting the provision, requires a sponsor undershoots or overshoots. The VASI-2 tory advisory circular to be incorporated of an ADAP project to submit a draft provides adequate guidance for non jet by reference that will provide updated statement of the environmental state aircraft. dimensions. This will obviate the require ment or a negative declaration, as The Simple Abbreviated Visual Ap ment to change regulations themselves appropriate. proach Slope Indicator (SAVASI) gives as to the area dimensions from time to The proposed counterpart of § 151.21— the same guidance as the VASI-2, at time as needed. Procedures: application; general infor less visual range. C. Changes made for clarifying andmation, will include the requirement for The VASI-2 is mandatory with new certain other purposes. (1) Paragraph submitting the statement by the sponsor. construction of Medium Intensity Run (a) of § 151.5—General policies, provides (4) Under §§ 151.37—Sponsor eligi way lights (MIRL) on runways at util that all airport development under the bility, and 151.33—Cosponsorship and ity airports. The VASI-2 is eligible for Federal-Aid Airport Program must be agency, it may be implied that each co installation on runways with an ap done in accordance with an approved sponsor must be separately eligible. This proach slope deficiency and for retrofit airport layout plan. The proposed regu is not the intended meaning. The new ting existing runways on utility airports lations will specifically provide also that regulations will spell out the concept that that have MIRL installed. If the VASI-2 development under the Airport Develop if one cosponsor is separately eligible the provides an excessive load in the electri ment Aid Program must be done at an other cosponsor need not be separately cal circuits at utility airports only, the FAA approved site. This requirement re eligible, and that collective eligibility installation of SAVASI, in conjunction flects the provision of section 16(a) of also is acceptable. with new MIRL construction, is manda the 1970 Act that requires that proposed (5) Paragraph, (b) (11) of §151.39— tory. The SAVASI is eligible for retro developments must be in accordance with Project eligibility, lists as eligible to be fitting existing runways on utility air established standards for site location, included in an airport development proj ports that have MIRL installed. airport layout, etc. The same provision ect “clearing, grading, and filling to al (5) Section 151.25(c) (1)—Procedures: is in section 9(a) of the Federal Airport low the installing of landing aids.” This application; information as to property Act, but it was not in terms spelled out provision has been considered to cover interests, includes a lease of not less than in Part 151. The same rationale applies the work that is necessary to prepare 20 years granted to the sponsor by an to the proposed rule that, as a condition the site to meet operational requirement other public agency with title, as an in to approval of a project, the development only. The proposed regulations will make terest in real property that satisfies the be shown on an FAA approved airport this clear in their parallel provisions. property interest the sponsor must have layout plan and that the airport site is (6) Section 151.39(b)—Project eligi or agree to obtain. Since the United FAA approved. bility, and § 151.95(g)—Fences; distance States is not a public agency within the (2) Part 15 of the Federal Aviation markers; navigational and landing aids; definition in the Airport and Airway De Regulations implemented section 601 of and offsite work, respectively cover proj velopment Act of 1970, the proposed reg the Civil Rights Act of 1964. On June 10, ect programing standards that include ulations at this place will refer to a lease 1970, the Secretary of Transportation (as eligible items of development) clear of not less than 20 years granted to the added a new Part 21 to the Regulations ing, grubbing, filling and grading to al sponsor by another public agency or by of the Office of the Secretary of Trans low the installing of landing aids, in the the United States or an agency thereof. portation, “Nondiscrimination in Fed former, and clearing, grading, and grub (6) Paragraph (f) of §151.45—Per erally-Assisted Programs of the Depart bing to allow the installation of navi formance of construction work: general ment of Transportation—Effectuation of gational aids in offsite areas, in the lat requirements, provides for notification Title VI of the Civil Rights Act of 1964,” ter. It has been asserted that these by the sponsor to the FAA Area Manager effective June 18, 1970 (35 F.R. 1080). sections should be construed to include that engineering and construction super Part 21 covers the subject for the entire the construction of a platform upon vision and inspection has been arranged Department of Transportation, including which to install the aid, and even to for to insure that construction will con its operating administrations, and in construction of an access road neces form with FAA approved plans and terms supersedes Part 15. Accordingly, sary to get to the site of the installation. specifications, and that the sponsor has Part 15 was rescinded, effective Au The proposed regulations will make it caused a review to be made of the quali gust 11, 1970. Section 21.7 of Part 21 clear that only clearing, grading, grub fications of personnel who will perform requires, as a condition to approval of bing, and filling necessary to prepare that supervision and inspection and is an application for Federal aid, that the .the site to meet the operational require satisfied that they are qualified to do so. application include or be accompanied ments of the aid are eligible and do not This notification must precede com by an assurance that the airport or fa include construction properly attnbut- mencement of work by a contractor or cility will be operated in compliance with able to, and necessary for, installation subcontractor, or of sponsor force ac all requirements imposed by or pursuant the aid itself. . f count work. In order to strengthen con to Part 21. Although Part 21. is control (7) Regulations under section 204 o trol, the proposed regulations will also ling, the proposed regulations will pro i Demonstration Cities and Metropoi- require that as to all contracts for en vide appropriate notice to sponsors in ,n Development Act of 1966 and sectio gineering and planning services and force the counterparts of § 151.26(b)—Pro 1 and title IV of the Intergovern- account work, proposals for those serv cedures: applications; compatible land ;ntal Cooperation Act of 1968, issu ices must be submitted for FAA approval use information; consideration of local der Bureau of the Budget Circular • before execution of a new, or extension community interests; relocation of dis 95 (July 24, 1969), provide for nota of an existing contract, or performance placed persons, and of § 151.39—Project tion by a State or local governm of force account services in any project eligibility. The requirement will apply as individual to the appropriate planiu for development of an airport master well to applications for development of d development clearinghouse, of plan or airport system plan, or a project airport master plans in the Planning >ent to apply for assistance t for airport development. Grant Program. deral program (including airp (7) Section 151.85—Special treatment (3) Section 102(2) (C) of the National inning and construction). Tne p areas, provides for the eligibility for in Environmental Policy Act of 1969 (Pub sed regulations will specifically P clusion in a project for special treatment lic Law 91-190) requires that the agency le that a project for planning, for areas adjacent to pavement in cases of the Federal government include in its •uction or land acquisition . . where, due to the operation of turbine recommendation or report on a proposal approved unless the project has oe engine powered aircraft, it may be nec for a major action (which includes ap ordinated under Circular No. ’ essary to treat those areas adjacent to proval of a request for aid under the d that the sponsor must submit runway ends, holding aprons, and taxi- Airport Development Aid Program application any comments ma e ways to prevent erosion from the blast (ADAP)), a detailed statement by the through such a clearinghouse effects of the turbine engine. This sec responsible official on the environmen tion states the dimensions of the areas tal impact of the proposed action and suit of coordination under Circular* affected. The dimensions so stated are related information. 95, along with a statement that FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 PROPOSED RULE MAKING 19683 comments have been considered before National Highway Safety Bureau by the labeling requirements set forth submission of the project application, in this notice. or a statement that the required pro [ 49 CFR Part 571 ] A public meeting will be held on Janu cedures have been followed and no com [Docket No. 70-29; Notice 1] ary 21, 1971, to discuss the proposed ments received. amendment. Notice of the meeting is (8) Section 151.47(c)—Procedure for NEW PNEUMATIC TIRES ON published elsewhere in this issue (35 F.R. the Secretary of Labor’s wage determi PASSENGER CARS 19684). Proposed effective date: January 1, nations, prescribes procedures for the Proposed Motor Vehicle Safety sponsor to provide to the FAA the Sec 1972. retary of Labor’s wage determinations. Standard Interested persons are invited to sub However, nothing is specifically stated The National Traffic and Motor Ve mit data, views, and arguments concern there relative to the use in an area of hicle Safety Act of 1966 (15 U.S.C. 1381 ing the proposed amendments. Com general wage determinations issued by et seq.) has been amended by the addi ments should refer to the docket number the Secretary of Labor. The proposed tion of section 206 (15 U.S.C. 1426), and be submitted to: Docket Section, regulations will clarify this by specifi which directs the Secretary to “establish National Highway Safety Bureau, Room cally including appropriate procedures safety standards * * * setting limits on 4223, 400 Seventh Street SW., Washing for the use in an area of general wage the age of tire carcasses which can be ton, DC 20591. It is requested, but not determinations issued by the Secretary retreaded * * * based on the extent to required, that 10 copies be submitted. All of Labor when he finds that the appli which the carcass was designed and con comments received before the close of cable statutory and regulatory standards structed to be retreaded, the rate of business on March 1, 1971, will be con are met, in a case where the wage pat deterioration of the materials in such sidered, and will be available in the terns in the area in a particular type of tire, and such other factors as he deter docket at the above address for examina construction are well settled and when mines necessary” (Public Law 91-265, tion both before and after the closing ever it can be reasonably anticipated enacted May 22,1970). date. To the extent possible, comments that there will be a large volume of It is proposed that Standard No. 109, filed after the above date will also be procurement in that area for that type New Pneumatic Tires—Passenger Cars, considered by the Bureau. However, the of construction. be amended to require the manufacturer rulemaking action may proceed at any to label each tire with the statement that time after that date, and comments re (9) Section 151.51—Performance of it may be retreaded either once or twice, ceived after the closing date and too late construction worlc force accounts, pro or with the designation “Not To Be Re for consideration in regard to the action vides rules for obtaining consent to per treaded”. The standard would also be will be treated as suggestions for future formance of construction work with amended to specify more stringent tests rulemaking. The Bureau will continue to sponsor force account. However, no defi for tires designed as suitable for re file relevant material, as it becomes nition of sponsor force account appears treading. available, in the docket after the closing The proposed tests are referred to as date, and it is recommended that inter in Part 151. A definition will be provided the “high-speed structural adequacy” ested persons continue to examine the in the proposed regulations. test and the “tire endurance structural docket for new materials. ,(10) In § 15h75—Preparation of site, adequacy” test. The high-speed struc In consideration of the foregoing, the reference is made to “complete clearance tural adequacy test (proposed S5.6.1) is National Highway Safety Bureau pro of runway clear zones” in connection a combination of existing tests, in poses an amendment of Standard No. 109 with eligibility of site preparation in a that it requires a particular tire to in 49 CFR 571.21, to read as set forth meet the present strength test (S5.3) below. This notice of proposed rulemak project. This has been susceptible of the after having been subjected to the ing is issued under the authority of sec interpretation that removal of obstruc high-speed performance test (S5.5) . tions 103, 119, and 206 of the National tions in the clear zone is mandatory. Similarly, the tire endurance struc Traffic and Motor Vehicle Safety Act However, as the section heading indi tural adequacy test (proposed S5.6.2) (15 U.S.C. 1392, 1407 and 1426), and the cates, the requirement for clearing ob requires a particular tire to meet the delegations of authority at 49 CFR 1.51 structions from the clear zone is meant strength test after having been sub (35 F.R. 4955) and 49 CFR 501.8 (35 F.R. jected to the tire endurance test (S5.4). 11126). to apply to site preparation for a new Under the present requirements, which or extended runway. This will be clari would be continued for tires marked Issued on December 22,1970. fied by the proposed regulations, that “Not To Be Retreaded”, a given tire is Rodolfo A. Diaz, will also specifically provide for eligibil not required to meet these tests in se Acting Associate Director, ity of grading of the extended runway quence. The breaking energy values used Motor Vehicle Programs. safety area. would be the minimum value obtained in the tire strength test, rather than the Standard No. 109, New Pneumatic In consideration of the foregoing, it average value presently used, in accord Tires, in § 571.21 of Title 49 CFR would is proposed to amend Title 14, Chapter I, be amended as follows: ance with the proposed amendment to (1) Revise SI. Purpose and scope to of the Code of Federal Regulations by Standard No. 109 published November 10, read: adding a new Part 152 as described 1970 (35 FJR. 17272). SI. Purpose and scope. This standard herein. In addition, two pending rulemaking specifies tire dimensions and laboratory These amendments are proposed un actions will be affected by the proposed test requirements for bead unseating re amendment: the proposed standard on sistance, strength, endurance, high-speed der the authority of sections 11 through “New Pneumatic Tires—Multipurpose 27 of the Airport and Airway Develop performance; defines tire load ratings; Passenger Vehicles, Trucks, Trailers, specifies labeling requirements; sets forth ment Act of 1970 (Public Law 91-258, 84 Buses, and Motorcycles” (Docket No. the limited conditions under which pas Stat. 219 et seq.), and § 1.47(g) of the 1- 6), and the proposed standard on senger car tires that are not certified Regulations of the Office of the Secre “Retreaded Pneumatic Tires—Passenger as complying with this standard may tary of Transportation (35 FJR. 17044). Cars” (Docket No. 1-8). It is anticipated be sold; and establishes criteria for de that the former will incorporate require termining the number of times tires Issued in Washington, D.C., on De ments similar to those proposed in this cember 22,1970. may be retreaded. notice, and the latter will be amended (2) Add to S4.3 Labeling requirements, Chester G. B owers, to provide for a 6-year limit for retread S4.3.2 to read as follows: Director, Airports Service. ing tire casings and to require the re- S4.3.2 Each tire manufactured after [F.R. Doc. 70-17482; Piled, Dec, 28, 1970; treader to brand an “X” each time the January I, 1972, shall be conspicuously 8:51 a.m.] tire is retreaded, in a box provided for labeled with one of the following on both No. 251- FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, T970 19684 PROPOSED RULE MAKING sidewalls between the maximum section [ 49 CFR Part 571 1 ance under this program; which also width and the bead, so that it will not insures property owners against damage be obstructed by the rib flange: NEW PNEUMATIC TIRES ON caused by mudslides, as defined under (a) “One Retread Allowed □ ” PASSENGER CARS “flood” or “flooding” in 24 CFR Part (b) “Two Retreads Allowed □ □ ” .1909, may be made available only in (c) “Not To Be Retreaded” Notice of Public Meeting States or areas (or subdivisions) that 54.3.2.1 Each tire marked “One Re On January 21, 1971, the National have evidenced a positive interest in tread Allowed in accordance with Highway Safety Bureau will hold a pub securing such flood insurance and have S4.3.2.(a) shall be capable of meeting lic meeting beginning at 9 a.m. in Room given assurances that by December 31, the minimum breaking energy specified 2230, 400 Seventh Street SW., Wash 1971, adequate land use and control in Table n when subjected to the en ington, DC, to discuss a proposed amend measures consistent with these criteria, durance adequacy test (S5.6.1) and ca ment to Motor Vehicle Safety Standard with effective enforcement provisions, pable of meeting the minimum breaking No. 109, published today in the Federal will be adopted. After December 31,1971, energy specified in Table II when sub Register (35 F.R. 19683), concerning no new flood insurance may be provided jected to the high speed structural ade the establishment of criteria to deter under this program in any area that has quacy test S6.5.2. However, a particular mine the number of times tire casings not adopted such measures. tire need not be capable of meeting both may be retreaded. Interested persons are Interested persons are invited to sub tests performed in sequence. invited to attend the meeting and pre mit 3 copies of written comments or sug 54.3.2.2 Each tire marked “Two Re sent oral and written comments to aid gestions on the proposed criteria to the treads Allowed □ □ ” in accordance with in the formulation of the proposed Federal Insurance Administrator, De S4.3.2(b) shall be capable of exceed amendments as set forth in the notice partment of Housing and Urban Devel ing by 10 percent the minimurri'break- of proposed rulemaking. Any person who opment, Washington, D.C. 20410. Prior ing energy specified in Table II when wishes to present an oral comment to adoption of mudslide criteria, con subjected to the endurance structural longer than 5 minutes, or who requires sideration will be given to all relevant adequacy test (S5.6.1), and capable of special equipment such as projectors or comments or suggestions received on or exceeding by 10 percent the minimum screens, should submit an outline and before February 1,1971. breaking energy specified in Table II time estimate of the materials to be The proposed amendments are as when subjected to the high speed struc presented and/or an equipment request follows: tural adequacy test (S5.6.2). However, to: Mr. Roger Compton, Director, Office 1. The Table of Contents is amended a particular tire need not be capable of Operating Systems, National High by redesignating Subpart B as Subpart of meeting both tests performed in way Safety Bureau, Room 5301C, 400 C and renumbering the sections; and sequence. Seventh Street SW., Washington, DC by inserting a new Subpart B and 54.3.2.3 Tires marked “Not To Be 20591 not later than the close of business §§ 1910.21-1910.28, as follows: Retreaded” in accordance with S4.3.2(c) on January 7, 1970. Subpart B— Criteria for Mudslide-Prone Areas need not meet the requirements of the An agenda will be available at the Sec. endurance structural adequacy test and meeting room on the day of the meet 1910.21 Purpose of criteria. ' the high speed structural adequacy test. ing and an effort will be made to 1910.22 State and local development goals. * • * * * * grant requests for particular hours of 1910.23 Planning considerations. (3). Add to S5. Test procedures, S5.6 presentation. 1910.24 State coordination. Rodolfo A. Diaz, 1910.25 Local coordination. to read as follows: 1910.26 Land use and control measures. S5.6 Tire durability for retreading Acting Associate Director, 1910.27 Subdivision planning requirements. tests. Motor Vehicle Programs. 1910.28 Building and health code require 55.6.1 Endurance structural adequacy. [F.R. Doc. 70-17473; Filed, Dec. 28, 1970; ments. 8:49 a.m.] (a) After completion of the endurance Subpart C— General test specified in S5.4, including removal 1910.31 Purpose of Subpart C. of the tire from the test rim and in 1910.32 Prerequisites for the sale of nooa specting the dismounted tire for con insurance. formity with the requirements of DEPARTMENT OF HOUSING 1910.33 Priorities for the sale of insurance. 54.2.2.5, remount the tire and inflate 1910.34 Conditions for retention of flooa it to the appropriate pressure specified AND URBAN DEVELOPMENT insurance. in Table III. Federal Insurance Administration 2. Section 1910.9 is amended to read (b) Condition it at 70° F. for at least as follows: 3 hours. [ 24 CFR Part 1910 1 (c) Readjust its pressure to that spec § 1910.9 Revisions. ified in Table n i. CRITERIA FOR LAND MANAGEMENT From time to time the criteria for land (d) Test the tire in accordance with AND USE IN MUDSLIDE-PRONE management and use for flood-prone the tire strength test procedure of S5.3.2. AREAS and mudslide-prone areas of this part 55.6.2 High speed structural ade may be revised, after notice and oppo ‘ quacy. Notice of Proposed Rule Making tunity for public comment. Such re (a) After completion of the high Pursuant to the National Flood Insur sions will be based upon studies an speed test specified in S5.5, including ance Act of 1968 (82 Stat. 572, 42 U.S.C. investigations as provided in section l removal of the tire from the test rim 4001) as amended by sections 408-410 of Of the Act. Gnh- Public Law 91-152, and the Secretary’s 3 Subpart B is redesignated as &ud and inspecting the dismounted tire for delegation of authority to the Federal part C, and §§ 1910.11 to 1910.14 are re conformity with the requirements of Insurance Administrator (34 F.R. 2680), numbered as §§ 1910.31 to 1910.34. (W 54.2.2.6, remount the tire and inflate it the Administrator proposes to amend the proposed criteria are adopted, to the appropriate pressure specified in Part 1910 by adding criteria for land part C will be republished to reflec. Table III. management and use in areas subject necessary editorial changes, but no - (b) Condition it at 70° F. for at least to mudslide hazards. The criteria for stantive changes are contemplated flood-prone areas previously adopted are a Mom QiiVii-Mavt. "r is added as follows. 3 hours. (c) Readjust its pressure to that spec not affected. Subpart B— Criteria for Mudslide- ified in Table III. The purpose of these criteria is to en Prone Areas courage the adoption, where necessary, (d) Test the tire in accordance with L910.21 Purpose of criteria. the tire strength test procedure of S5.3.2. of adequate State and local land use and control measures in areas subject to [n accordance with section 1361 of the [F.R. Doc. 70-17459; Filed, Dec. 28, 1970; t, the purpose of the criteria set iortu 8:49 a.m.] flood and mudslide hazards. Flood insur FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 PROPOSED RULE MAKING 19685 in this subpart is to encourage, where ate site exploration, investigation, design, tially encompass the activities described necessary and within the framework of grading, construction, filling, compact in paragraph (a) of this section, the comprehensive land use and control ing, drainage, subdrainage, inspection Administrator will: measures, which, as a minimum, satisfy and maintenance standards in order to ( 1 ) Give special consideration to State the requirements of the Uniform Build promote proper land use; priority recommendations before select ing Code (sections 7001 through 7006 and (2) Provision for drainage and sub ing areas or communities for ratemak sections 7008 through 7015, 1970 Edi drainage on private or public property, ing studies from the register described tion), the adoption of State and local or both, that will avoid the aggravation in § 1910.33; and measures which will accomplish the fol of the hazard; and (2) Seek State approval of local site lowing objectives: (3) Coordination of land management exploration, investigation, design, grad-- (a) Discourage and restrict the inap activities with neighboring flood plain ing, construction, filling, compacting, propriate development of land exposed management and soil and water conser drainage, subdrainage, inspection, and to mudslide hazards and guide improper vation programs. maintenance provisions for areas ex land development and use away from (c) The establishment of emergency posed to mudslide hazards before ac such locations; procedures. (1) Adoption of emergency cepting them as meeting the criteria (b) Reduce mudslide hazards by re warning, evacuation, abatement, and ac established in this subpart. quiring appropriate site exploration, cess procedures for earth failures; and investigation, design, grading, construc (2) Enactment of public measures and § 1910.25 Local coordination. tion, filling, compacting, drainage, sub the initiation of private procedures to (a) Local land use and control meas drainage, inspection, and maintenance limit danger and damage resulting from ures, mudslide forecasting, mudslide procedures in areas exposed to mudslide future mudslides. emergency preparedness, and mudslide hazards; and control and damage abatement programs (c> Otherwise improve the long-range § 191(1.24 State coordination. should be coordinated with relevant Fed land use management and development (a) A State may participate in fur eral, State, and regional programs. practices in areas exposed to mudslide thering the objectives of these criteria (b) Localities adopting land use and hazards. by: control measures pursuant to these cri (1) Providing for the professional teria should coordinate their public in § 1910.22 State and loeal development qualification and registration of engi formation and education programs with goals. neers, engineering geologists, and others similar State programs designed to State and local land use and control qualified in soil engineering and promote public acceptance of land use measures for areas exposed to mudslide hydrology; and control measures in areas subject hazards should protect life, property, and (2) Enacting legislation applicable to to mudslide hazards. the public welfare by: all jurisdictions within the State that (a) Diverting inappropriate develop establishes specific minimum require § 1910.26 Land use and control meas ment away from areas exposed to mud ments for site exploration, investiga u re s. ' slide hazards or hillside instability; tion, design, grading, construction, (a) All appropriate State and local (b) Encouraging local public and pri filling, compacting, drainage, subdrain statutes, ordinances, and regulations vate mudslide prevention efforts designed age, inspection, and maintenance with should provide for proper site explora for the wise development of sloping or appropriate enforcement procedures; tion, investigation, design, grading, con unstable lands ; (3) Assigning the coordination of mud struction, filling, compacting, drainage, (c) Deterring the inappropriate de slide prevention activities to a specific subdrainage, inspection, and mainte velopment of public utilities and public State agency having persons qualified in nance requirements based upon profes facilities in areas exposed to mudslide engineering geology and soils engineer sional evaluation of the probable expo hazards and hillside instability; and ing, hydrology, and seismology; sure to mudslide hazards. Such measures (d) Requiring construction and land (4) Cooperating with Federal and lo should apply to all areas of marginal use practices which will prevent, insofar cal agencies and concerned professional stability, especially those identified as as feasible, subsequent damage from groups by identifying areas exposed to areas exposed to mudslide hazards. slope failures. mudslides and furnishing this informa (b) As appropriate, such measures should contain a clear and comprehen § 1910.23 Planning considerations. tion to the Federal Insurance Admin istrator; sive statement indicating that they are The planning and decision-making (5) Guiding and assisting local agen intended: process for formulating overall commu cies in developing land use, control, and (1) To encourage only that develop nity and areawide physical, social, anc management plans for areas exposed to ment of the identified mudslide-prone economic development goals, and foi mudslide hazards; area which: adopting land use and control iheasures (6) Participating in emergency warn (1) Is appropriate in the light of the for areas exposed to mudslide hazards probability of mudslide damage; and should include consideration of the fol ing and preparedness programs; lowing factors: (7> Advising appropriate public and (ii> Represents an acceptable social (a) The existence and extent of the private agencies, where necessary, that and economic use of the land in rela hazard, (1) Potential adverse effects oJ their projects might contribute to slope tion to the hazards involved; and inappropriate hillside development; instability and making such advice or (2) To discourage all other develop (2) Public and private costs, liabilities warning a matter of public record; ment. and^ exposures, resulting from potential (8) Providing procedures to assure (c) The measures specified in para mudslide hazards; that all persons (including those subse graph (a) of this section should: (3) Availability of land not exposed tc quent to the first buyer) desiring to pur (1) Prohibit inappropriate new con lope instability or mudslide hazards anc chase real property are fully informed of struction or substantial improvements in ne feasibility of developing such- lane existing or potential geologic, hydrologic, areas subject to mudslide hazards; as an alternative to further encroach- and soil hazards relating to the property (2) Control land uses for all new con m U£°u Potentially unstable hillsides; being considered; and struction located in areas subject to mud acquisition of land ease- (9) Encouraging and enabling the in slide hazards; t er~ an<* development rights in ordei surance industry to provide liability in (3) Be based on competent evaluation FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19686 PROPOSED RULE MAKING (d) Such measures should, as a mini For the Atomic Energy Commission. mum, meet the requirements of the Uni ATOMIC ENERGY COMMISSION F. T. Hobbs, form Building Code (sections 7001 Acting Secretary of the Commission. through 7006 and sections 7008 through MO CFR Ch. I 1 7015, 1970 Edition), and take into ac [Docket No. RM-102-2] [F.R. Doc. 70-17443; Filed, Dec. 28, 1970; count the nature and degree of the po 8:47 a.m.] tential slope instability for the purpose CERTAIN TYPES OF LIGHT WATER of protecting structures and their con NUCLEAR POWER REACTORS tents from the damage which could result from a mudslide. Consideration of Possible Statutory ENVIRONMENTAL PROTECTION Finding of Practical Value; Termi § 1910.27 Subdivision planning require nation of Rule Making Proceeding m en ts. AGENCY In addition to land use requirements On June 26, 1970, the Atomic Energy [18 CFR Part 602 1 outlined in § 1910.26, there should be Commission published in the F ederal such subdivision regulations as may be R egister (35 F.R. 10460) a notice of pro CERTIFICATION OF FACILITIES posed rule making stating that the Com necessary to (a) prevent the inappropri Notice of Proposed Rule Making ate development of areas subject to mud mission had under consideration the slide hazards; (b) encourage the appro question whether a statutory finding of On June 10, 1970, notice of proposed priate location of public utilities and practical value should be made pursuant rule making was published in the Fed facilities, such as streets, sewers, gas, to section 102 of the Atomic Energy Act eral R egister (35 F.R. 8942) which set electricity, and water systems; and (c) of 1954, as amended, with respect to some forth the text of regulations proposed to provide adequate protection so as to type or types of light water, nuclear revise Part 602, relating to certification minimize exposure to mudslide hazards power reactors. In the same notice, the by the Secretary of the Interior of water and to prevent the aggravation of mud Commission also stated that it had under pollution control facilities, to implement slide hazards. consideration the question whether the section 704 of the Tax Reform Act of Commission’s present regulations in 10 1969, Public Law 91-172. § 1910.28 Building and health code re CFR 50.24 and 50.56 should be amended On December 2, 1970, the functions of ^ quirements. so that an operating license for a facility the Secretary of the Interior with re-* Applicable State and local building of the type for which a statutory practi gard to certification of water pollution codes and health regulations should, as cal value finding had been made would control facilities, and the functions of the a minimum, satisfy the excavation and be issued under section 103 of the Act, Secretary of Health, Education, and Wel grading requirements of the Uniform even though the construction permit for fare with regard to certification of air Building Code (sections 7001 through that facility may have been issued under pollution control facilities, were trans 7006 and sections 7008 through 7015, section 104b. ferred pursuant to Reorganization Plan 1970 Edition), and provide that pro The Commission requested written No. 3 of 1979 to the Administrator, En posals for the improvement and develop comments or suggestions from interested vironmental Protection Agency. ment of areas exposed to mudslide haz persons and provided for a public rule To insure consistency and uniformity, ards shall contain provision which: making hearing to be held beginning on regulations pertaining to certification of (a) Establish emergency procedures August 17,1970. Subsequently, on August air and* water pollution control facilities for avoiding the contamination of water 12, 1970, the Commission published in have been combined. Interested persons conduits in the event of damage result the F ederal R egister (35 F.R. 12770) are invited to submit, in quadruplicate, ing from mudslides or related earth a notice postponing the date for the written data or arguments in regard to movements; public rule making hearing to Septem the proposed regulations to the Adminis (b) Provide emergency procedures for ber 17, 1970. On September 9, 1970, the trator, Environmental Protection Agency, the prevention of fire resulting from Commission published in the F ederal Washington, D.C. 20460. All relevant ma broken or disturbed gas or electric dis R egister (35 F.R. 14222) a notice naming terial received no later than 45 days after tribution facilities in the event of mud the persons who would preside at the publication of this notice will be slide disaster; public rule making hearing. On Septem considered. (c) Provide emergency warning proce ber 17,1970, the public rule making hear Part 602 would be revised to read as dures and allow entry by appropriate ing was commenced and adjourned until follows: public officials on private property a later date. located in areas exposed to mudslide haz In the notice of June 26,1970, the Com PART 602— CERTIFICATION OF ards in the event of an impending mud mission stated that if prior to decision by FACILITIES slide disaster; the Commission on a finding of practical Sec. value, there was enacted into law an 602.1 Applicability. (d) Establish alternative vehicular ac amendment to the Atomic Energy Act of 602.2 Definitions. cess and escape routes to be utilized when 1954, as amended, eliminating the 602.3 General provisions. normal routes are blocked or destroyed statutory finding of “practical value” 602.4 Notice of intent to certify. by mudslides; and then provided for in section 102 of the 602.5 Applications. (e) Establish minimum site stability 602.6 State certification. Act, the Commission would terminate 602.7 General policy. requirements which will enable schools, the rule making proceeding. 602.8 Requirements fOr certification. hospitals, nursing homes, penal institu Public Law 91-560 enacted on Decem 602.9 Cost recovery. tions, fire stations, police stations, com ber 19, 1970, amends the Atomic Energy Authority : The provisions of this Part 602 munications centers, water and sewage Act of 1954, as amended, by eliminating issued pursuant to sec. 301, 80 Stat. 378, o pumping stations and any other public or the statutory finding of “practical value” U.S.C. 301, and sec. 704 of the Tax Reform quasi-public institution located in the and makes other amendments to the Act. Act of 1969,83 Stat. 667. area subject to mudslides to withstand Accordingly, the notice of proposed rule mudslide damage. making published on June 26, 1970, in § 602.1 Applicability. Issued in Washington, D.C. on Decem the F ederal R e g ist e r s withdrawn and The regulations of this part apply to ber 31, 1970. the rule making proceeding is terminated. certifications by the Administrator oi water or air pollution control facilities G eorge K. B ernstein, (Secs. 102, 161, 68 Stat.. 948, 84 Stat. 1472; Federal Insurance Administrator. 42 U.S.C. 2132, 2201) for tax deduction purposes pursuant to section 169 of the Internal Revenue Code [F.R. Doc. 70-17478; Filed, Dec. 28, 1970; Dated at Washington, D.C., this 23d 8:51 a.m.] day of December 1970. of 1954, as amended, 26 U.S.C. 169. FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 PROPOSED RULE MAKING 19687 § 602.2 Definitions. (f) The application or amended ap (f) Date when such construction, re plication for certification of any facility construction, or erection will be com As used in this part, the following must be accompanied by a certification pleted or when such facility was (or will terms shall have the meaning indicated from the State certifying authority. be) acquired; below: | (g) If the facility is certified by the (g) Date when such facility is placed (a) “Act” means the Federal Water Administrator, notice of certification will (or is intended to be placed) in Pollution Control Act, as amended (33 be issued to the Secretary of the Treas operation; U.S.C. 1151 et seq.) for water pollution ury and a copy of the notice shall be for (h) Identification of the applicable control facilities, or the Clean Air Act, warded to the applicant and to the State State and local water or air pollution as amended (42 U.S.C 1857), for air pol certifying authority. If the facility is control requirements and standards, if lution control facilities. denied certification, the Administrator any; (b) “State certifying authority” will advise the applicant and State certi ( i ) Expected useful life of facility ; means: fying authority in writing of the reasons (j) Cost of construction, acquisition, (1) For water pollution control facili therefor. installation, operation, and maintenance ties, the State health authority, except (h) No certification will be made by of the facility; that, in the case of any State in which the Administrator for any facility prior (k) Estimated profits reasonably ex there is a single State agency, other than to the time it is placed in operation and pected to be derived through the recovery the State health authority, charged with the application, or amended application, of wastes or otherwise in the operation responsibility for enforcing State laws in connection with such facility so states. of the facility over its actual useful life; relating to the abatement of water pol and lution, it means such other State agency; § 602.4 Notice of intent to certify. (l) Such other information as the or (a) On the basis of applications sub Administrator deems necessary for (2) For air pollution control facilities, mitted prior to the construction, recon certification. the State health authority, except that, struction, erection, acquisition, operation in the case of any State in which there is of a facility, the Administrator may § 602.6 State certification. a single State agency, other than the notify applicants that such facility will The certification of the State certifying State health authority, charged with re be certified if : authority in accordance with 26 U.S.C. sponsibility for enforcing State laws re (1) The Administrator determines 169(d) (1) (A) that the facility described lating to the abatement of air pollution, that such facility, if constructed, ac in such application has been consructed, it means such other State agency. quired, installed, and operated in accord reconstructed, erected, or acquired in (c) “Applicant” means any person ance with such application will be in conformity with the State program or who files an application with the Ad compliance with requirements identified requirements for abatement or control of ministrator for certification that a facil in section 602.8 of this part, and in water or air pollution shall be executed ity is in compliance with the applicable furtherance of the general policies iden by an agent or officer authorized to act on regulations of Federal agencies and in tified in section 602.7 of this part; and if behalf of the State certifying authority furtherance of the general policies of the (2) The application is accompanied and accompanied by evidence of such United States for cooperation with the by a statement from the State certifying authority. States in the prevention and abatement authority that such facility, if con § 602.7 General policies. of water or air pollution under the Act. structed, acquired, installed and oper (d) “Administrator” means the Ad ated in accordance with such application, (a) The general policies of the United ministrator, Environmental Protection will be in conformity with the State pro States for cooperation with the States Agency. gram or requirements for abatement or in the prevention and abatement of wa (e) “Facility” means property com control of water or air pollution. ter pollution under the Act are: To en prising any new identifiable treatment (b) Notice of actions taken under this hance the quality and value of our water facility which removes, alters, disposes section will be given to the appropriate resources; to eliminate or reduce the of or stores pollutants, contaminants, State certifying authority. pollution of interstate waters and tribu wastes, or heat. taries thereof; to improve the sanitary (f) “State” means the States, the Dis § 602.5 Applications. condition of surface and underground trict of Columbia, the Commonwealth of Applications for certification under waters; to conserve such waters for pub Puerto Rico, the Canal Zone, Guam, this part shall be submitted in such man lic water supplies, propagation of fish American Samoa, the Virgin Islands, and ner as the Administrator may prescribe, and aquatic life and wildlife, recrea the Trust Territory of the Pacific shall be signed by the applicant or agent tional purposes, and agricultural, indus Islands. thereof, and shall include the following trial, and other legitimate uses; and to § 602.3 General provisions. information: recognize, preserve, and protect the pri (a) Name, address, and Internal mary responsibilities and rights of the (a) An applicant shall file an apj Revenue identifying number of the States in preventing and controlling cation in accordance with this part applicant; water pollution. each separate facility for which cert (b) The general policy of the United cation is sought. (b) Type and narrative description of States for cooperation with the States (b> Applications shall be submitted the new identifiable facility for which in the prevention and abatement of air the taxpayer to the Administra certification is (or will be) sought, in pollution is to cooperate with and to through the State certifying authorit cluding a copy of schematic or engineer assist the States and local governments (c) A copy of each application si ing drawings, and a description of the in protecting and enhancing the quality nutted to a State certifying authoi function and operation of such facility; of the Nation’s air resources by the pre shall be forwarded by the applicant (c) Address (or proposed address) of vention and abatement of conditions the Administrator, Environmental P facility location; which cause or contribute to air pollu tection Agency, Washington, D.C. 204 (d) A general description of the oper- tion which endangers the health or wel at the time such application is si ation ^in connection with which such fare of any persons. to the State certifying author; facility is (or will be) used and a descrip (d) Applications may be filed prior tion of the specific process or processes § 602.8 Requirements for certification. subsequent to the commencement of c< resulting in discharges or emissions (a) Except as provided in § 602.9, the struction, acquisition, installation, or < which are (or will be) controlled by the Administrator will certify a facility if eration of the facility. facility; • he determines that: ' ,^n amendment to an applicat: (e) Description of the effect of such (1) The facility was constructed, re hall be submitted in the same mam facility in terms of type and quantity of constructed, erected or acquired to con original application and shall pollutants, contaminants, wastes or heat, trol the release of pollutants which, but considered a part of the origi; removed, altered, stored, or disposed of for the facility, would be released into application. by such facility; the environment. FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19688 PROPOSED RULE MAKING (2) The facility is not necessary to pounds from fuels which would be re gram” portion of the proceeding; Part II the manufacturing process from which leased as pollutants when such fuels are relates to the “small market” matter. burned only if such facility is operated in discharges or emissions are being con P art I: Making “U ncleared Programs" trolled and is identifiable apart from connection with the process in which Available to Other S tations the equipment used in such process. such fuels are burned, and otherwise <3) The facility is in compliance with meets the requirements of this part. 4. The notice of proposed rule making. The 1965 notice of proposed rule making the applicable regulations of Federal § 602.9 Cost recovery. agencies. concerning “uncleared programs”, and (4) Such facility furthers the general Notwithstanding any other provisions the rather lengthy material filed in 1965 policies of the United States for coopera of this part, the Administrator will not and 1986 in response to it, are digested tion with the States in the prevention certify any facility to the extent it ap in some detail in the appendix hereto.1 and abatement of pollution under the pears that, by reason of estimated profits Briefly, the notice was issued largely in Act; and to be derived through the recovery of response to a petition by WXIX, Inc., (5) The applicant has complied with wastes or otherwise in the operation of licensee of UHF Station WUHF-TV, Mil all the other requirements of this part. such facility, its costs will be recovered waukee, complaining about network (b) In determining whether a facility over its actual useful life. programs not carried by the regular net complies with applicable regulations of W illiam D. R uckelshaus, work affiliates in that market but not Federal agencies and the general policies Administrator, offered to WUHF-TV, chiefly NBC pro of the United States for cooperation with Environmental Protection Agency. grams not taken by WTMJ-TV. How the States in the prevention and abate ever, as discussed in the appendix, ment of water pollution, the Administra D ecember 21, 1970. WUHF-TV was carrying a substantial tor shall consider Whether such facility [F.R. Doc. 70-17446; Filed, Dec. 28, 1970; amount of NBC programing, at least by is consistent with and meets the require 8:48 a.m.] the time the proceeding was begun in ments of the following factors, insofar 1985, and some of the problems between as they are applicable t<\ the waters it and NBC were, matters of the rate which will be affected by the facility; which WUHF-TV would be paid for (1) Water quality standards, includ FEDERAL COMMUNICATIONS carrying the program. One of the chief ing water quality criteria and plans of grounds of opposition to the proposal is implementation and enforcement estab COMMISSION that the Commission cannot appropri lished pursuant to section 10(c) of the ately get into the question of what are Act. [ 47 CFR Part 73 1 reasonable or suitable rates, and there (2) Recommendations issued pursuant [Docket No. 16041; RM-571;,FCC 70-1303] fore there is really no substantial prob to section 10 (e) and (f) of the Act: lem warranting Commission action. (3) State water pollution control pro TELEVISION NETWORK PROGRAMS However, the notice also referred to grams established pursuant to section 7 NOT MADE AVAILABLE TO CER instances-of nonclearance of programs of the Act and regulations issued there TAIN TELEVISION STATIONS elsewhere, shown by the networks’ re under; sponses to a Commission inquiry on this (4) Comprehensive water pollution Notice of Proposed Rule Making subject in December 1963, including control programs established pursuant 1. This proceeding, designed to make instances of nonclearance, and no offer to to section 3 of the Act; an alternate station, in varioip markets network television programs more gen having more than three stations (Mil (5) State, interstate and local stand erally available, was begun by notice of ards and requirements for the preven waukee, Denver, Portland, Fresno, etc., proposed rule making and notice of in and also markets where the alternate, tion, control and abatement of water quiry released June 9, 1965 (FCC 65- pollution. ' v 484). As set forth in this document, the independent station is in another city (c) In determining whether a facility but permitted to identify itself with the proceeding has two parts: (1) Proposed larger city, such as Indianapolis-Bloom- complies with applicable regulations of rules designed to require the networks to Federal agencies and the general policies make programs pot cleared by their reg ington, Ind., and Seattle-Tacoma, of the United States for cooperation with ular affiliates (uncleared programs) Wash.). The notice stated that the the States in the prevention and abate more readily available to other stations picture with respect to programs no ment of air pollution, the Administrator in the same community or market; and taken by regular affiliates is not a shall consider whether such facility is (2) a proposed rule, and the notice of satisfactory one.” „ . consistent with and meets the require inquiry, concerning the provision of net * 5. in order to improve this situation, ments of the following factors, insofar work programs to “small market” or the notice contained a number as they are applicable to the air which “overshadowed” stations, those at some posals and alternative proposals, without will be affected by the facility: distance from, but not entirely out of the specific text of a proposed nilc. (1) Plans for the implementation, reception range of, large city stations general requirement was proposed, tnai maintenance, and enforcement of (e.g., Ada, Okla., and Marion, Ind.). if a regular affiliate is ordered by an ad ambient air quality standards adopted 2. Comments in response to this notice vertiser but does not offer clearance a pursuant to section 108(c) of the Act. were filed late in 1965, and reply com time acceptable to it, the network sh (2) Recommendations issued pursuant in good faith attempt to place the pro ments until January 3, 1966. On March gram on another station in the commu to sections 103(e) and 108 of the Act 25, 1970 (released Mar. 26, FCC 70r309), which are applicable to facilities of the the Commission issued a “Notice and nity. if the sponsor so chooses. More spe same type and located in the area to Order Setting Oral Argument” concern cific requirements to implement the ge - which the recommendations are directed. ing the first of the two parts of the eral concept were advanced. Import# (3) Local government requirements among these were: (1) With respect, proceeding. The oral argument was held regularly scheduled programs begmn s for control of air pollution, including April 30, 1970, as scheduled. Two parties emission standards. availed themselves of the opportunity with the fall season (which was assum (d) The Administrator will not certify to start roughly October 1), if by Aug mentioned in this notice and order to 15 the network has not made arrange any facility which does not meet the re file additional material, six participated quirements of paragraph (a) of this ments with its affiliate or (privately) w in the oral argument, and five of these another station in the market for section, even though it may be demon later filed additional material in response strated by “incremental cost" or other ceptable clearance, a general Notice ox to requests made during the argument. Non-Clearance” would be required,^to> accounting methods that certain ex 3. Because the two parts of the pro penses associated with such facility are other stations in the market exc v ceeding, though related, are separate and regular network affiliates, required to meet water or air quality have received a different amount of at fVinm nf (9.} if bV ft standards. tention, they are treated separately (e) The^ Administrator may certify a herein. Part I of this report and order facility which removes elements or com relates to the first, or “uncleared pro 1 Filed as part of the original document- FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 PROPOSED RULE MAKING 19689 later, or roughly September 15, arrange their development and overcoming the effort a station puts forth. NBC referred ments for clearance in the market had competitive superiority of VHF. The to the details of its controversy over still not been reached, the network would Charlotte station’s comments, which rates with WUHF-TV, and both NBC and be required to make a general “Notice were more specific, supported the rule but Meredith discussed the problem in deter and Oiler” to these other stations, on claimed it did not go far enough; the mining the rate of compensation to the reasonable terms and in good faith. This Commission should adopt a rule limiting station, which is a fairly complex matter offer could contain whatever conditions the amount of programing a station - as to both affiliates and to nonaffiliates, on advertiser acceptance are required in could take from â “second” network, to including such matters as contribution to the circumstances. In this connection, 25 percent of the amount it takes from general network costs and interconnec the Commission stated that it certainly its primary network. This, it was said, tion costs, and “free horn's.” does not intend to become a rate arbi would not force affiliation, nor limit a (c) The rule would have very small ter, and that there are differences among station at all with respect to its primary benefit, at best, and substantial adverse stations which could of course be taken network or unreasonably as to its sec consequences and developments in con into account, such as differences in circu ondary network, but would provide travention of other Commission policies. lation and audience. Other criteria in “greater and fairer measure of oppor The argument is that the amount of “un this connection could be what other tunity” to independent UHF stations to cleared” programing is so small, in mar networks charge for a station’s time, and get network programs. It was partic kets where there are stations which could how the network involved treats other ularly concerned about recapture, under present it, that no substantial benefit stations similarly situated. The notice which it may (and in fact did) carry sub would be gained; on the other hand, emphasized that, while comments were stantial amounts of programing but leading independent stations to rely on invited, there did not appear to be legit they are subject to withdrawal at any this will prevent the full impetus to the imate reasons for not offering a pro time, “depending on the will” of the VHF development of other program sources, gram to any station where other stations stations in the market. This, it was said, such as a fourth network, which would in the community have been offered it makes it impossible to plan the station’s otherwise exist. Another line of adverse and failed to provide acceptable clear schedule, create confidence in advertisers impact asserted is that affiliates will be ance arrangements. as to the stability of the program struc under pressure to clear network pro 6. Another firm proposal concerned re ture, assure viewers of the need to get grams to an extent not now present, capture, the right of the network to re UHF sets in order to receive their favorite since otherwise they will face a greater move the program from the alternate programs, or know from one month to prospect of having to compete with them station when time becomes available on the next how much money it will need on other stations, and this is in contra the regular affiliate. It was proposed that for other programing. vention of established Commission poli any offer under the rule must provide for 9. Opposing comments: More parties cies urging the exercise of licensee* re no recapture on less than 56 days’ notice opposed adoption of the rules as pro sponsibility and local programing (the (28 days was then, and is still, a common posed, or, usually, any rule. These in 1960 Program Policy Statement, the 1963 industry practice, except that ABC and cluded the three networks (ABC, CBS, option time decision, various provisions CBS have recently adopted a policy of no and NBC), the CBS and NBC Affiliates of section 73.658 of the rules, etc.). It was recapture during the first 13 weeks of a groups, and five television licensees, four urged that, contrary to the statement in program, as discussed below). of them multiple owners (of whom the notice of proposed rule making, there 7. There were various alternative pro Storer Broadcasting Co. and Meredith may be legitimate reasons for not offer posals advanced. The. primary proposal Corp. filed lengthy oppositions). See ap was to limit the rule to regular program pendix, paragraph 8. ing a program to a nonaffiliated station, series; comments were invited on for example: (1) Cases where the regu 10. As indicated in paragraph 11 of the lar affiliate will clear for the program not whether it should be extended to a series appendix and the following material, the of four or six “spectaculars” during a immediately but within a short time; (2) opposing parties among them made four occasions when the affiliate rejects a pro season, or one-shot “specials” such as general lines of argument against the important sports.events, and, if so, what proposal: gram because of an untypically bad time of notice and offer would be appro (a) There is no need for a rule, since “pilot” program but should be able to re priate. Another area concerned what are gain it when it becomes unexpectedly the networks vigorously attempt to place popular; (3) not building up an inde uncleared programs”. The basic pro those few programs which are not taken posal was that this would include only by regular affiliates, and the problems pendent station’s audience for adjacent programs which the regular affiliate had which exist concern the terms of avail time periods in competition with the net not cleared at all, not including pro ability such as rates, as shown by the work’s program on the affiliate, by giving grams it would clear on some nights of WXIX petition, which are not appro the independent a popular program; and the week but not others, or in alternate priate for Commission determination but (4) not placing a program on an inde Comments were invited bn better left to negotiation. See appendix, pendent which will compete with an F ,® er ^ e rule should be expanded to paragraphs 12-14. other program of the network running include programs in the latter category, (b) In requiring a general offer on at the same time on the affiliate. comments were also invited on whether “reasonable terms”, the rule would invite There was objection to the “recapture” me times of notice and offer, mentioned proposal, as unduly long and penalizing aooye, are appropriate for programs complaints and engage the Commission egirming with the fall season, and what in a vast number of determinations in an affiliate and the public (which may ouid be appropriate dates for programs volving the minutiae of network-station have less access to the program if pre relations and a host of interacting sented on an independent); and to the nJ!lnrUng, °ttier times (substitute factors, amounting to common-carrier i> o S ms) ’ or where the regular affiliate regulation and an unwarranted intrusion specific dates proposed, as too rigid and Ca» mv.a program during a season, into the free operation of the economic too short.1“ It was claimed that the rule in 1965-66 comments: As set forth appendix. three parties supported forces of the market place, and far beyond the Commission’s manpower la Storer advanced an alternative proposal i l ? ? ! ? 11® 1011 Proposal in this area: capacity or expertise, and unworkable. as to time of “Notice, of Non-Clearance” <,= an Diego UHF permittee which has See appendix, paragraphs 15-17. For which it believed preferable: where the offer T iS ^onei nto operation, a Waco, Tex., ramo broadcaster which later received a example, it was asserted that the notice or “order” to the affiliate is 12 weeks or more itself listed four factors which might be before the scheduled first broadcast, the “No has not yet commenced involved (circulation, audience for the tice of Non-Clearance” would be due 8 weeks station a Charlotte, N.C., UHF program in question, what other net before the broadcast if no arrangement had comp nn which has since be- works charge for the station’s time and been made; if the offer or “order” to the genpmi affiliate. The first two made affiliate is less than 12 but more than 4 weeks, vaS lA rg^ ent? concerning the ad- how the particular network treats othér the notice would be due 2 weeks after the similar stations) ; and actually there are order or 28 days before the first broadcast, abilitv nf gained: Increased avail- whichever is later; and if the order to the the nnKr tractive network programs to more, such as possible duplication of affiliate is on shorter notice, the notice would pubhc, and value to UHF stations in coverage, and the amount of promotional be due 8 days after the order. FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19690 PROPOSED RULE MAKING would be much too inelastic and inflex mitted written material as contemplated a week of October 1969, 29 nonaffiliated ible, and that it would interfere with by the notice of oral argument. stations carried 149 CBS programs, to efficient and orderly network-affiliate re 14. The arguments by ABC, CBS, taling 226 weekly.station hours. This in lationships, resulting in a “pointless, ar NBC, and CBS affiliates were largely the cluded 138 weekly station hours in the bitrary fragmetizing of network program same as those made earlier and outlined top 50 markets (137 on independent UHF schedules” to the detriment of the public above and in the appendix hereto. It was stations), and represented 43 percent of and all other parties. Certain other prob urged that there is no need for a rule, the uncleared CBS programs in these lems were raised, such as the problem with the networks making vigorous ef markets. As to the remaining 57 percent, of a required simultaneous offer to two forts to place uncleared programs on in counsel for CBS Stated that he assumed or more independent stations in a mar dependent stations, particularly now that they were offered if there was any change ket and requiring an offer where the net there are more of them and UHF circu of acceptance, or “essentially offered”. work knows that it will not be accepted, lation has substantially increased, offer Counsel for ABC and CBS stated that “idle motion”. See paragraphs 18-24 of ing such programs in all or the great there are a number of reasons why the appendix. majority of the cases where there is an independent station may not take net (d) The rule is illegal as beyond theindependent station, except where an work programs if offered, in their inde Commission’s authority, since it really offer would clearly be futile, as where the pendent judgment: the network pro involves direct regulation of networks independent is a Spanish-language sta grams not taken by regular affiliates tend (not of licensees) no matter what it is tion which does not use the “network” to be the less desirable ones, the in called, and also since (in requiring “rea type of material. NBC asserted that al dependent may believe that carriage of sonable” terms) it amounts to common most 100 percent of its programs not these irregularly available programs is carrier regulation in the broadcast area. taken by affiliates are in fact cleared over not the way to build a permanent audi It was also claimed that the rule ille independent stations in markets where ence, the station may be a specialized one gally discriminates against the networks there are such stations. The lack of sup not interested in this type of material, or vis-a-vis other program suppliers, par port for the Commission’s proposal, it there is no feasible way to get them, ticularly those which are also television was said, demonstrates the lack of any where off-air pickup is not available and licensees as are the networks (e.g., Co need for a rule or of any real problem; they do not have “local loop” intercon lumbia Pictures-Screcn Gems, Westing- therefore the Commission should not un nection facilities (whose high cost is dis house, etc.) and that the “common dertake regulation in an area where its cussed below). The matter of rates also carrier” regulation involved would be authority is doubtful and where tremen appears to be important, as noted below. carried on without the traditional safe dous burdens would be involved, with the 16. Recapture: With respect to the guards applied in that area, evidentiary Commission regulating the day-to-day matter of recapture, specifically raised in rate hearings, etc. These arguments are business of network operation for the the 1970 Notice of Oral Argument, ABC discussed at some length in the appen first time, an “enormous and unfortunate and CBS indicated that they had adopted dix, paragraphs 25-30. thicket” to enter. It was urged again that or were about to start a policy of guar 11. Reply comments: The reply com the proposal would be much too inflexi anteeing the independent taking their ments filed early in 19B6 are discussed ble, a “strait-jacket” on affiliates, who programs 13 weeks of broadcast before in paragraph 31 of the appendix hereto; would not be able to work out whatever the program could be recaptured, and chiefly, they related to the Charlotte sta problems they have as they are now then recapture on 28 days notice. It was tion’s proposal mentioned above. We do able to do. CBS Affiliates referred to the asserted that this gives the independent not consider this herein; it has recently complex factors entering into decisions sufficient stability in planning its sched been proposed for consideration as an as to whether to clear or not: the total ule and promoting the program, and approach to the problem faced by UHF schedule “mix” and how a particular more should not be required. It was as stations in “two-VHF-one UHF” markets offered program fits into it, what 'the serted that no further restriction should which do not have network affiliations, other stations in the market are doing, be imposed, because the network seeks in Docket 18927. and how many of the programs offered to maximize its audience, and therefore 12. The 1970 Oral Argument: The by the network are new. CBS Affiliates if recapture occurs it is so that the pro March 1970 Notice and Order Setting and also ABC referred to the fact that gram will reach more people, for example Oral Argument invited parties to appear many individual nonclearances by affili on the VHF affiliate as opposed to the and also file written material, concern ates, or "preemptions”, are on very short UHF independent. This, it was asserted, ing the matters raised in the 1985 Notice notice and it would be difficult to work serves the public interest in making the of Proposed Rule Making, and in par any such situation into a filled rule re program more generally available. It was ticular certain matters z! (1) Whether quirement. CBS Affiliates also empha urged by CBS that if the minimum re programs should be regarded as “un sized again the matter of “pressure on capture period is lengthened by rule cleared” by the regular affiliate, so as to affiliates to clear” which assertedly beyond 28 days, together with the mini require the general notice of nonclear would be involved. NBC urged that the mum of 13 weeks now guaranteed by ance and later offer, where the regular proposed rule requiring an offer is illegal CBS and ABC, this would tend to mean affiliate accepts the program but only confiscation—a “must sell” type of that the affiliate would lose the program regulation. for the entire year. It was urged that this for delayed broadcast at a noncompara would increase the pressure on affiliates ble time, such as a program presented 15. ABC apd CBS gave specific in to “clear the program or else”. ABC as by the network in prime time but ac formation as to their placement of un serted that this matter is largely theo cepted only for a lower time category; cleared programs. ABC asserted that for the 1969-70 season, its Philadelphia af retical; recapture is not too common (2) whether, when a program is placed anyhow. on a nonaffiliate, there should be any filiate, WFIL-TV, did not clear 14 ABC 17. “Live” clearance: The same type right of recapture during the season, or programs (all weekend or daytime); 11 of argument was urged by ABC and CBS on a minimum notice; and whether this of these were placed on one Philadelphia against any requirement that clearance should be any different if the regular UHF station and three on another. In be “live”, both as to requiring the net affiliate is seeking to regain the program New Orleans, its affiliate did not take 15 work to seek “live” clearance on an in for “live” broadcast, broadcast delayed programs, including prime time and late dependent before taking a noncompara but at a comparable time, or broadcast programs as well as daytime, and the in ble time on its affiliate, and in connection at a noncomparable time. dependent UHF station took 13 of these. with recapture. CBS Affiliates asserted 13. Six parties participated in the CBS (in its written filing) stated th at that any such requirement would present April 30, 1970, argument, including the during the summer and early fall of 1969 problems and be much too inflexible, it three networks, CBS Affiliates, U.S. Com It contacted a total of 78 independent was argued that the network is aJway munications, Inc. (a large independent stations concerning programs not taken trying to maximize its audience, and may UHF operator) and All-Channel Tele by regular affiliates, totaling 201 pro well be better served by a lower-rate vision Society, an association of UHF grams and 233 weekly station hours. time on its affiliate than by “prim e time stations. CBS and CBS Affiliates sub Many indicated an interest, and, during on a UHF alternate, for example 5 to o FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 PROPOSED RULE MAKING 19691 p.m. Saturday as compared to prime time the market; otherwise, it is simply too (b) One-shot programs and “occa on Wednesday. It was also asserted that costly in view of the high interconnec sional” preemptions: According to Mr. there are other factors: the audience at tion cost involved, and they are better off Stevens, the networks often, or usually, the lower time on the affiliate may be with less popular nonnetwork programs, do not offer independents “one-shot” more desirable to the advertiser even if no interconnection costs, and selling programs, or programs which the affil no larger, the competing programs at the their own commercials. iate usually clears but occasionally pre respective time slots, what the adjacent 20. The argument of Leonard B.empts. An example of the latter is said programs are on the two stations, and Stevens, vice president of U.S. Commu to be the weekend installment of the relative promotional .efforts. It was nications, was to somewhat the same “Tonight” show on NBC, not carried by pointed out that the 1957 “Barrow Re effect: In view of the extremely high the Philadelphia affiliate but not offered port” (p. 267) did not regard delayed telephone company charges for “local to independent stations. He ascribed this broadcast as necessarily inconsistent loop”, service “—formerly $1,400 to $1,600 to an apparent reluctance on the part of with the public interest. CBS stated that per month for black and white, but now the networks to have such programs on rarely does it recapture a program for approaching $3,000 per month—UHF a nonaffiliate. delayed broadcast on an affiliate, only stations generally lose money on the net (c) Time of clearance: Mr. Stevens as once in the last-year and then where the work programs they carry. Mr. Stevens serted that the independent should be independent was presenting it delayed. stated that his company, which operates offered the program before the affiliate is 18. Specific suggestions by ABC: If a UHF stations in Philadelphia, Pitts accepted for a delayed broadcast; he rule is to be adopted, ABC made some burgh, San Francisco, Atlanta, and New stated that the public should have a pro specific suggestions, in addition to those port, Ky. (Cincinnati), is currently re gram available at its accustomed time. concerning recapture and a “live” clear evaluating the desirability of carrying (d) Choice of alternate stations: Mr. ance requirement mentioned above. It such material. It carries it partly as a Stevens asserted that the network should was urged that the “market”, rather than sort of public service—these programs not be able to present an uncleared pro the community, be used as the standard, should be available in the market—and gram over another network-affiliated that the Commission get into the ques to improve the station’s image and get a station. He described this as anticom tion of “reasonable rates” only if the “foothold” in the market; but the pro petitive and contrary to Commission pol treatment of the independent station is grams definitely fall into the “loss icies to foster UHF and independent clearly arbitrary, and that the rule ex leader” category.4 He stated that attrac development. tend only to regular programs and com tive programing is essential to stations, (e) Compensation: Mr. Stevens ex plete nonclearance by the affiliate, not particularly UHF; and that independent pressed a belief that the compensation to one-shot “specials” or to occasional UHF stations, at least those of U.S. Com formula used by the networks, as to his preemptions. It was argued that the rule munications, get uncleared network pro station and as to affiliated stations, is would be difficult enough to apply as thus grams in substantial quantities, carrying unfair, resulting, assertedly, in his sta limited, without getting into the much 10 to 20 hours a week, with most regular tions delivering 20 to 25 percent of the more complicated area of single pro programs being offered to them to the audience the VHF affiliate would deliver, grams and the occasional preemption, extent the network itself knows that they but getting only 5 to 10 percent as much often on very short notice.* will not be carried by the affiliate (which revenue from the network as the affiliate 19. Arguments of ACTS and U.S. Com sometimes preempts on short notice).8 would receive if it carried the program. munications: ACTS asserted that while However, according to his statements This was said to result, daytime, in $10 a rule would have been beneficial when there are certain respects in which the per half hour whereas the affiliate would this proceeding was instituted, it is of situation is described as undesirable or get $100 to $150. This, it is said, is unfair questionable necessity and value now, susceptible of improvement: to advertisers over the UHF station, since with the networks attempting to place (a) The inadequacy of notice: Accord the network’s advertisers get virtually a uncleared programs now that UHF has ing to Mr. Stevens, often network pro free ride. The station cannot sell its own dramatically improved. It was stated grams become available and are of spots in these network programs (two that the only remaining problem is UHF fered, but on too short notice to permit co-op “breaks” in daytime programs broadcast in prime time whereas the adequate promotion by the station, for formerly available for local sale are no affiliates often carry the program in example, the 14 to 18 days advance no longer provided). The result is that “off hours”, but even this is being re tice required by TV Guide for its listings. carrying network programs is extremely solved. The real problem, it was said, is He blames this on the affiliates rather costly in view of the high local inter the high cost of interconnection, a prob than the networks, asserting that the connection charges. See below for more lem with A,T. & T. rates, which the Com stations often know months in advance specific rate information.® mission should consider in that context. that they will not carry a program, but 21. With respect to recapture, Mr. ACTS urged that steps should be taken do not tell the network until a few days Stevens regarded the generally standard to provide a lower rate for UHF “fourth before the scheduled time. This, it is 28 days as satisfactory to U.S. Communi network” interconnection, similar to the said, is unfair and should be changed. cations; occasionally it can get a longer, lower tariff applicable to ETV intercon or even a full season, guarantee, and nection. Thus, while the proposed rule sometimes it gives up a program on less would be acceptable, providing for notice * The “local loop” is the line between the than 28 days’ notice. A longer guarantee and reasonable arrangements, it would telephone company test board in the city and the local station. Apparently the charge is, of course, desirable, but this was not be essentially diversionary from the real does not vary with the extent of use, so that regarded as a problem at least for his problem. It was said that UHF stations the facility is much more expensive for oc stations. However, he recognized that offered network programs and often casional use by independents than for regular there are differences in the situations of carry them more or less as a public serv affiliates. independent stations, and perhaps some ice, a feeling they should be presented in 4 Mr. Stevens expressed the hope that the .can work out more satisfactory terms Commission would make it a little less pain than others. In general, he believed his ful for the stations to carry network v of the oral argument, particularly programs. company’s position in network negotia tiL. consiste or “Westinghouse pro emptions by affiliates of network programs, stated that he did not believe adoption an* ’.,w,hose &doption had been rumore< because it often means that the affiliated sta of rules as proposed in this proceeding is mnov» was later adopted in the Docke tion is presenting a nonnetwork program and necessary. i^T82 dec sion. CBS stated that the objective selling time in direct competition with the 22. Supplemental material: rates: that . . it supports—would be hurt by independent, instead of relying on the net During oral argument the networks were uproot ^Ulation’ since ft would mean lesi work commercials. This is true, for example, abia + Pr°Sraming and thus less of it avail of the network movie shows, frequently also «L25d!iipendent stations. CBS Affiliate preempted by affiliates in favor of their own •2 0 bcrars a week, at $10 per half hour, would that adoption of the proposa movies. However, the network programing would be $400 a week or roughly $1,800 a affiliates^ 11 leSS ProSraming uncleared by thus made available is “useful and attrac month, less than the “local loop” charges tive’*, even though costly to carry. mentioned above. No. 251- FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19692 PROPOSED RULE MAKING asked to supply material concerning the that in general every contribution to the WFIL-TV for 8 Monday-Friday after rates and compensation paid VHP affili network’s audience is reflected in the noon ABC programs. With respect to ates and UHF alternate stations. The rate the advertiser pays; but in the case NBC programs, during the same period material submitted in response is of a UHF affiliate in a large market this WPHL-TV carried three Monday-Friday discussed in the next few paragraphs. is lessened by the fact th a t the adver half-hour shows between noon and 2 23. ABC: ABC submitted a showing as tiser has to supplement his network pur p.m., being compensated at rates of to the compensation paid two Philadel chase by a national spot buy, so that the $0.14, $0.21, and $0.67 per thousand de phia UHF stations for the 14 programs small UHF audience is not proportion livered homes, KYW-TV’s average com (one Monday-Friday daytime, the rest ately as valuable. ABC also responded pensation for roughly similar weekday weekend daytime) not cleared by WFIL- to a question as to how its “independent” periods (10 a.m.-noon and 2-4:30) was TV for 1969-70, and the audience de station rates are set, stating that this is $0.30 and $0.27.8 livered by the UHF stations compared to approached on an ad hoc basis, without, 28. CBS Affiliates showing concern that which would have been delivered so far, the development of definite guide ing preemptions: During the oral argu by WFIL-TV as estimated by the ABC lines. The matter is related basically to ment, CBS Affiliates was asked to supply Research Department. Three of these, audience delivery as projected by its Re information as to the preemption prac programs were carried by WTAF-TV, search Department, also taking into ac tices of its members in the cities of Kan which was given to advertisers as a count the extent to which the station is sas City, Seattle, Dallas, Atlanta, and “bonus”; WFIL-TV would have received likely to be used, particularly .during Tucson, and, more generally, instances of some $11,386 for the last quarter of 1969. what parts of the day, and rates the preemption by CBS affiliates to present WTAF-TV, of course, received no com other networks pay the station. It stated local news and public affairs programs. pensation. In the case of WPHL-TV, the that it is presently considering up-dating The showings submitted, confined to U.S. Communciations station which car its policies in this respect. prime time, were as follows. As to reg ried 11 of the programs, that station was 25. CBS: The CBS showing in this re ular noncarriage, the Tucson station car paid, overall, about 8 percent of the com spect was confined to the Washington, ried all regular CBS programs at their pensation which WFIL-TV would have D.C., market, where two prime time hour scheduled times; the Seattle, Dallas, and been paid ($4,542 compared to $56,245 programs were carried first by the reg Atlanta stations failed to carry two hour for the quarter), roughly the same per ular VHF affiliate and then by a UHF programs Wednesday evenings (3 of the centage as the respective prime time station. In audiences reached, the UHF 6 hours were carried in other, nonprime hourly network rates of $400 and $4,950. station had 11 percent of the VHF audi tim e); and the Kansas City station failed As to comparative audiences, ABC stated ence for one program and 4 percent for to carry three programs. The programs that overall the UHF was 15 percent of the other; the compensation in both carried instead were local movies in the the potential VHF, 13,000 compared to cases was 5 percent ($27 compared to case of two stations, syndicated material 89,000; but this average was “weighted $576). It was stated that the rates for in Dallas (sometimes preempted for net by the number of minutes sold”. For the both were established on the same gen work “specials”) and, in Kansas City, a 14 programs listed, the individual au eral basis, average quarter-hour homes syndicated program, the station’s movies dience figures were 15 percent or less in delivered during prime time according to instead of.the CBS movie, and a local only three -cases (two for WPHL-TV) the latest ARB survey. This resulted in outdoors show. As to occasional pre and over 20 percent in seven (81 percent a figure of 80.33 homes per dollar for the emptions, information was supplied as to in one case), with an unweighted average VHF station and 80 homes per dollar for eight affiliates, which showed numbers of 29 percent for the 11 WPHL-TV pro the UHF, at prime time rates of $1,800 of prime time preemptions ranging from grams covered. ABC ascribes the differ and $120 respectively. about one a month to a total of 46 for ence in compensation to the following 26. NBC: NBC’s showing in this con the year ending April 14, 1970 (Seattle). factors: (1) WFIL-TV pays ABC each nection was based on Boston, its regular The latter included 16 for syndicated week 168 percent of its hourly rate, de VHF affiliate and UHF Station WSBK- special programs, 10 for other nonlocal ducted from its compensation, whereas TV, for which the respective prime-time special programs, eight for feature movie such a deduction is not made from the hourly rates are $3,133 and $250. Under specials, five for specialized network compensation paid WPHL-TV;7 (2) UHF the different compensation formulas programs (Hughes network), four for stations are particularly weak viewing- used, NBC estimated that the VHF sta local live basketball, and three for wise, comparatively, during certain times, tion received $335.30 net per daytime local public affairs. notably weekday daytime, including hour compared to $21.88 for WSBK-TV, some of the programs involved here; (3) the latter being 6.5 percent of the former. CONCLUSIONS AND STATEMENT AS TO WFIL-TV is the leading station in the ' While there were no programs carried by “UNCLEARED PROGRAMS” market, and thus valuable as a premium both stations to serve as a basis for 29. Upon careful consideration of the to the ABC Network; (4) ABC asserts audience comparison, the average of 9 matters set forth above, we are of the that the UHF station’s relatively small Monday-Friday daytime series on VHF view that rules should not be adopted m audience does not generate revenues was 116,000 and of three such series on this matter. We reach this conclusion es proportionate to the audience. This is UHF was 7,000, or ,6 percent of the VHF. sentially for two somewhat related rea because an advertiser, “buying” a large A similar average for Saturday morning sons: first, the situation with respect to market such as Philadelphia, expects (four VHF programs, two UHF) showed substantial audience, and therefore, if the UHF audience 5 percent of the VHF he can get only the small audience de »The WFIL-TV compensation for other (Nielsen figures were used). times of day is shown as $0.53 average per livered by UHF, may have to supplement 27. U.S. Communications showing: thousand homes for prime time, and it with a national-spot VHF “buy.” This U.S. Communications made a similar for the late evening weeknight Dick Cave« deflates the value of the UHF station to showing with respect to its Philadelphia show. For KYW-TV and NBC, the average the advertiser; (5) ABC experiences some compensation was $0.62 for prime time, $ • sales resistance when it includes a UHF station’s carriage of ABC and NBC pro for late evening, $0.56 for early wee y station in its lineup in a market as grams, in comparison with programs morning and $0.33 for Saturday morning. important as Philadelphia. carried by the VHF affiliates, WFIL-TV As NBC points out in reply, the averag and KYW-TV, in February-March 1970. of the three NBC Monday-Friday shows car 24. ABC also urged the same point in It showed compensation received for ried by WPHL-TV was $0.34, higher than tn responding to a question as to whether eight Saturday and Sunday daytime ABC KYW-TV average for weekday day« the UHF clearance in Philadelphia im programs ranging from $0.08 to $0.19 per >rogr arris. . proved the network’s ability to charge The TJ.S. Communications showing cove a higher rate to the advertiser. It stated thousand homes delivered, compared to Lve of the same programs included u $0.66 received by WFIL-TV for four Sat LBC showing mentioned above, and sn 7 On the other hand, according to the ABC urday daytime ABC programs. For one ubstantially higher audience ngur material, ABC pays all of the interconnection Monday-Friday early afternoon ABC VPHL-TV than those set forth by ABC. costs of WFIL-TV, including the “local loop”, program the compensation to WPHL-TV T.S. Communications showing was baseo whereas it pays only the intercity portion for represented $0.47 per thousand homes, 970 ARB data; the source of ABC s figure programs presented over WPHL-TV. compared to $0.31 per thousand to VPHL-TV audience is not indicated. FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 -PROPOSED RULE MAKING 19693 the offer and placement by networks of (5 to 10 percent of the compensation necessarily mean adjustment of the “net uncleared programs on independent sta received by the VHF affiliate, whereas work rate”, although this would be one tions appears to have improved substan the UHF station delivers 20 to 25 per- means of getting the result. Other ap tially since this proceeding was begun, as cent,of the audience which the VHF sta proaches which could be used to achieve it probably already had at that time as tion delivers or would deliver). While the same end would be to increase the compared to the early 1960’s. This is the more specific material filed later does percentage of the network rate which is particularly true with respect to regu not establish that this degree of discrep paid to the station, to permit the local larly scheduled network programs not ancy always prevails, there appears to be, sale of commercials during some net carried at all by the affiliate, which were at least to some extent, a difference be work programs (which, it appears, was the only ones encompassed by the pri tween the relative compensation level formerly true to a greater extent than mary proposal in our 1965 notice, and and the relative audience and circula now), or to pay or contribute to “local are likely the only ones which lend them tion level, to the disadvantage of the in loop” costs, which ABC indicates it does selves to treatment in a fixed general dependent UHF station. Especially when with its regular Philadelphia affiliate al rule prescribing dates and procedures. the return to the independent does not though not with the independent sta Second, the adoption of a rule presents even cover the cost of the line charges tions when it uses them. Such discrimi a number of substantial problems. We necessary to present the program, this nation is highly questionable. do not by any means view many of the is not a satisfactory situation from the 33. We do not here suggest which of problems urged by the opponents and public interest standpoint and must be these approaches should be adopted; per noted above as insurmountable, and, in improved. This is obviously even more haps a combination of two or more deed, some of them could hardly be true in cases, such as that of WTAF-TV would afford the most benefit. But—with taken seriously as reason for not adopt mentioned by ABC, where the independ television networking a highly profitable ing a requirement if it were otherwise ent carries the program with no com business, and the UHF independent sta appropriate.* But certainly the matter of pensation from the network, and yet tions chiefly involved here often in need "reasonable rates”, perhaps the leading must bear the line charges involved. Now both of desirable programming and eco single problem area, does not lend itself that UHF has developed to a point where nomic relief—we do not believe that con to specific formulation in a rule, nor to large-market UHF stations are in a posi tinuation of the present relative compen day-to-day determination by an agency tion to deliver a fairly substantial audi sation levels is satisfactory. Certainly, as charged with broadcast regulation. In ence, we must definitely question whether long as the UHF station has to pay the other respects, it appears that the pro such a practice is justified. We also note full amount of local line charges, we be posed regulations, and likely any rule the patent discrimination which is in lieve it should receive no less than com which could be formulated which goes volved in a situation where, as with ABC pensation, relative to that paid to the beyond a general pronouncement, would in Philadelphia, the network pays the affiliate, proportionate to the audiences destroy desirable flexibility in network- high “local loop” line costs pf its regular delivered by the stations. We expect the station relations and the clearance affiliate, but contributes nothing toward networks to take measures to achieve process. Therefore, since the situation such charges incurred by the other sta these results. It is noted in this connec has improved, no rules are adopted tion carrying some of its programs, even tion that UHF set penetration is stead herein. when the amount carried is fairly ily increasing—now estimated at 68 per 30. But this conclusion does not indi substantial.1® cent—and we have recently taken steps cate, by any means, that we regard the 32. It is quite apparent that discrimito achieve comparability of tuning. It present situation as satisfactory. Based nation against independent (particular is hoped that with these developments on the material set forth above, we con ly UHF) stations in these respects can, the actual comparative audience levels clude that this is not the case, and that in and does, work to frustrate the Commis will be more nearly equal. With this, and some respects the public interest requires sion’s efforts to provide for a fully de if the UHF independent stations are further improvement, both in the interest veloped and competitive television in compensated on a basis reflecting the au of having desirable network programs dustry, making a substantially efficient dience delivered, it appears that these more readily available to the public, and utilization of the channels we have pro stations can afford to carry network pro in furtherance of the cause of UHF and vided for this service. Therefore, we ex grams when they are available to them, other independent-station development. pect that in the future the networks on a reasonably satisfactory economic The particular areas, discussed in the will take steps to increase the amount basis. As discussed below, we will keep next few paragraphs, are: (1) The com of compensation to the independent sta a careful watch over network remunera pensation received by independent sta tion (or take steps to decrease its costs), tion practices, and require a report by tions carrying network programs; (2) so that it can present desirable network June 1971 on the matter. the adequacy of notice that network pro programs with some degree of economic 34. In making these observations, we grams will be available to such stations; benefit We point out that this does not have noted two arguments made by ABC (3) increasing the availability of “one- and mentioned in paragraph 23, above: shot” programs and those uncleared by 10 While regulation of over-all rate levels(1) That because of the small audience affiliates only occasionally; and (4) re might to some degree amount to entering the capture, at least to the extent that the common-carrier field, this is by no means delivered by the UHF alternate station present practice does not afford an ade necessarily true of regulation to prevent dis the advertiser often must supplement his quate guarantee to the independent of crimination by networks as between stations network exposure with a national spot in the same city taking programs from them. “buy” in the market, and thus the UHF’s enough broadcast time to serve as a The whole thrust of section 2 of the Clayton limited audience is less valuable to him; basis for planning and promotion. Act (15 U.S.C. § 13) is that, while a seller and (2) ABC encounters sales resistance 31. Adequate compensation to the in may charge any over-all prices he chooses, it when its lineup includes a UHF station dependent; The UB. Communications is illegal for him to discriminate between in a market as important as Philadel- official asserted, as indicated above, that customers, with respect to prices charged, the UHF independent receives very low amounts paid to the customers for services, , phia. No specifics are furnished by ABC compensation for the network programs or services furnished to them, where the re in support of these assertions, and in carried, less than the “local loop” line sult is to injure competitors of the seller or our view they can be given but little charges necessary to present them, and of the. favored buyer (except to the extent weight in the present connection. To the the discrimination is justified by differences extent that advertising time is offered, substantially less in relation to audience in cost or is practiced in good faith to meet evaluated and paid for on a “cost-per- delivered than the VHF affiliates receives competition). While the Clayton Act itself thousand” basis, any VHF-UHF differ may not cover these situations (since broad ence in circulation will of course be Thus, the matter of a time schedule cast time has been held not to be a “com geared to an uncertain fall-season starting modity” and it may be that no “sale” is reflected in the difference in compensa a/viiLa0*?111** k® resolved by adopting a time involved), the same basic public-interest tion referred to above, that based on similar to that proposed by Storer principles apply, and could well be used to difference in delivered audience. We are abov CaS^n^’ ^°’ noted in footnote 1, support adoption of a Commission regula not aware that the rates which networks tion in these situations. charge advertisers reflect the failure to FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19694 PROPOSED RULE MAKING deliver a VHP station in a given market, 36. Programs available on an irregular seek maximum audience. With the In to any greater extent than what would basis: “one-shot” programs and occa creasing development of UHF, the differ correspond to the “cost-per-thousand” sional preemptions. The record indicates ence in audience will tend to diminish, so difference. Such solicitude appears un that the situation is reasonably satis that it appears appropriate that the likely. Moreover, advertisers may choose factory with respect to the making avail independent stations be given the degree to supplement network exposure with able of regularly scheduled programs not of stability which a 13-week minimn^ national spot purchases under a number cleared by the affiliate at all (leaving “run” will provide. of circumstances, for various reasons, aside the matters of compensation and 40. Two other areas: Seeking “live” and we are not shown any specific con notice) . But this does not appear to be clearance and placement on independ nection between such a practice and net true with respect to “one-shot” or ents rather than other affiliated stations: work exposure in a given market on UHF “special” programs, or programs which The U.S. Communications official men rather than VHF. With respect to the the affiliates carry part but not all of tioned also two other areas in which he niatter of sales resistance, this could be the time. Certainly, if it is true, as the believed the networks should follow cer a pertinent factor to the extent that the U.S. Communications official stated, that tain policies: Seeking “live” clearance on presence of a UHF alternate in an im the weekend NBC “Tonight” show is not an independent before accepting a de portant market actually increases the carried in Philadelphia by the NBC af layed broadcast on the affiliate, and network’s “cost of selling”; but we are filiate and is not offered to an inde placing uncleared programs on independ not aware that this is usually the case. pendent station, this can hardly be re ent stations rather than on stations affil The matter of “sales resistance” in con garded as consistent with the public iated with other networks. In these two nection with the placement of a particu interest. We cannot regard considera respects, we believe that any Commis lar program of course has ceased to be tions of the stability of network-affiliate sion pronouncement can be no more a factor by the time the question of 09m- relations, or not “fragmentizing network than a general one; since there is merit pensation to the UHF station arises, schedules” as of substantial weight in in the contention that networks seek, since if any “sales resistance” had not this connection, in view of the import and should have freedom of judgement been overcome the advertiser would not ance of increased availability of de in trying'to achieve, maximum audience, have ordered the station. sirable programing to the public and to which does not always mean “live” ex 35. Adequate notice of program availindependent stations. This is especially posure on an independent as opposed to ability. Another area which appears to true when the networks place regularly delayed broadcast on an affiliate, or present problems and to be less than scheduled programs on the independent placement on an independent as opposed satisfactory is adequate notice to non- station when the affiliate does not clear to an affiliate of another network which affiliated stations that a program will at all. may happen to be available. We hope not be cleared by the affiliate and there 37. We realize that there are admin that, with the increasing effectiveness of fore will be available to Jbhem. As de istrative problems involved, and late- UHF stations, the networks in the exer scribed by the U.S. Communications developing instances where affiliates do cise of their judgment will choose to seek official, this may not be entirely, or even not carry single programs and it may “live” clearance on another station primarily, the fault of the networks; it simply not be worth the effort to try to before taking a delayed broadcast at a appears that sometimes they themselves get alternate placement. Nonetheless, we less valuable time on the affiliate. We also do not know that an affiliate is not going believe that, in general, the networks hope that they will choose to place un to take a program, even though that sta should be expected to try in good faith cleared programs on independents tion’s decision not to clear was made to get placement carriage of all uncleared rather than other networks’ primary well in advance. But whatever the reason, programs, both regular and one-shot or affiliates to the extent there is a choice. the situation appears to leave a good “special”, to the extent that they are not If there are complaints in this respect deal to be desired. As was stated in the taken by the regular affiliate. This is cer that the networks have acted unreason argument, “It is of little use to the pub tainly true as to situations such as that ably, the situation will be examined. lic or to an independent station to carry mentioned (assuming it is true), where 41. In sum, then, we are not now a network program that no one knows there is a regular course of affiliate non adopting any requirements. However, about.” In our view, the public interest, clearance at a particular time of the the performance of the three national both of the viewing public and of the week. We will expect the networks to act television networks will be. scrutinized independent stations, requires that suffi accordingly. closely in this area, including particu cient notice of nonclearance by the affil 38. Recapture: The record herein in larly in the four respects discussed above. iate be given so that the independent dicates perhaps less of a problem than in We will expect the networks to make vig station can seek the program, and, if the three areas just mentioned. This is orous efforts to: (1) attempt to clear all arrangements are made, adequately pro perhaps particularly true in light of the “uncleared programs”, including “one- mote and publicize it in the trade and fact that two of the three networks, ABC shot” programs and those only occasion general press. Accordingly, except in and CBS, have recently adopted policies ally not cleared by affiliates, and not to those relatively few cases where the affil guaranteeing the independent station 13 confine their efforts in this respect to iate’s decision to clear is made closer to weeks of broadcast when it takes a pro regularly scheduled programs which the broadcast time, we will expect them to gram, to be followed by recapture on no affiliate does not take at all; (2) give ade communicate their nonclearance deci less than 4 weeks’ notice. In our judg quate notice of affiliate nonclearance and sions to their network in time so that ment, this goes far to insure a degree of consequent program availability, at least stability in the operation of these sta 3 weeks except where that is not pos it can notify the independent station at tions which was formerly lacking and sible, and to take whatever steps are least 3 weeks in advance of broadcast. which has been the subject of complaint, necessary to get from their affiliates no We will expect the networks to adopt for example by the Charlotte, N.C., UHF tice as to decisions not to clear; (3) procedures with their affiliates to get station which filed 'comments herein in pay a reasonable amount of compensa such notice, and to notify the alternate 1965. tion to independent stations, sufficient station by the time mentioned.11 39. We believe that such stability is to make their carriage of network pro important in furtherance of these sta grams not unattractive economically, tion’s development and to encourage and at least as much in comparison to 11 We do not, of course, mean to indicatethem to carry network programs not the affiliate’s compensation as to the that an affiliate’s decision must always be taken by regular affiliates. We will expect comparative audience delivered by the made this far in advance; preemptions on NBC.to adopt a similar policy, and the stations; and (4) adopt recapture prac short notice may often serve the public in 01 terest, particularly in presenting fast-devel other two networks to adhere to that now tices which afford a reasonable degree oping matters of special significance locally. adopted. We do not believe it appropriate stability to the independent, which ap But where the decision is made well in pear to include the practice now followed advance, we expect prompt notice to the net to go further, since there appears to be by ABC and CBS of guaranteeing the in work and by the network to the alternative some merit in the networks’ contention dependent 13 weeks of broadcast ana station or stations. that they should have some freedom to then a minimum of 28 days’ notice. FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 PROPOSED RULE MAKING 19695 42. Relationship of this proceeding toP art II: Making N etwork P rograms was asserted that any rule is unneces the “prime time access” rule: Some ob Available to “S mall Market” S tations sary, since the networks try to achieve servations are appropriate as to the re coverage of all of the nation now, and lationship between this matter and our 43. The second part of this proceeding CBS and NBC claim coverage of more pronouncements above, on the one hand, relates to making available network pro than 95 percent of the nation’s TV and the limitation on network program grams to “small market” stations at some homes. This effort includes affiliation carriage adopted in Docket 12782, the distance from, but not completely out with, or furnishing numerous programs “prime time access” rule or “Westing- of range of, large-city affiliates, stations to, many stations in small markets, and house proposal.”lla While the two actions in places such as Ada, Okla., and Marion," many stations within the Grade B con are designed to further different public Ind., 60 to 65 miles from Oklahoma City tours of other stations. It was urged that interest objectives, and to a degree may and Indianapolis. It was proposed in the any further requirement in this regard look in different directions, they are by 1965 notice to adopt a rule that when would result in wasteful duplication of no means inconsistent nor in conflict. an affiliate in a city is carrying or. about coverage-—two stations bringing the In the present matter, we seek to make to carry a network program, and the same programs to the same audience— desirable network programing more gen advertiser wishes to place the program harmful to advertisers because it wastes erally available to other stations when also on a station in another community, their money, to the medium because it it is not carried in a market by the regu the network shall in good faith attempt becomes inefficient, to both stations in lar affiliate, thus benefiting these sta to place the program on the other sta volved because it hurts the value of their tions and the public. This includes both tion. The notice of inquiry raised ques service and thus ultimately their reve prime-time programing and other pro tions as to whether the networks should nue, and to the public by providing less graming, and, in fact, most of the spe be required to affiliate with or furnish diversity of programming in what is, cific programs referred to in the latest substantial amounts of programing to often, much the same area. It was also submissions (paragraphs 23-27, above) such stations, what standards would be claimed that it would hurt the “large are nonprime time. It also includes all appropriate for use in this connection city” station being duplicated, not only markets, rather than only the top 50 (distance, location within signal-inten by decreasing its audience for the partic covered by the “prime time access” rule. sity contours, “duplicated” and “incre ular program duplicated, but also for In the other action, we have sought to mental” circulation, circulation of the adjacent programs; and that to the ex encourage the production of programs by large-city station in the home county of tent some of the advertisers involved independent sources through opening up the small market station), and to what might not want to make the duplicating to them a substantial economic base: extent the standards should be different “buy”, they would be hurt by having A portion of prime time on the well es for sustaining programs, commercial their money wasted. The networks as tablished facilities (nearly all VHP) programs where the advertiser or all ad serted that often they do try to honor which are the network affiliates in the vertisers involved wished to order the advertiser’s requests for the small-mar top 50 markets. The objective of the rule smaller market, and commercial pro ket station, e.g., NBC in the one case is not to work a reduction in network grams where some but not all of the where a network advertiser wanted to program schedules generally, since the advertisers wanted to do so. buy the Marion station. networks may present their programs in 44. Three parties supported the pro 46. With respect to the two situations many of these markets on independents posal, all in brief comments. These in specifically mentioned, it was pointed out where the regular affiliate is precluded cluded an individual named Walter B. that the Ada, Okla., station has been an from taking them, and since the net Sitrick (not otherwise identified) in a ABC affiliate since going on the air in works may continue to program without very brief statement, the licensee of 1954 and also carries substantial amounts limitation in markets outside of the top Station WTAF-TV, Marion, Ind. (which of NBC and CBS programs, with 23 V2 50. CBS urges that the result o,f our ac has since ceased operation), and a UHF out of 24 V2 prime-time hours in 1964-65 tion in that proceeding will-be to prevent permittee at Danville, Va. (previously devoted to network programs. As to the the achievement of the objective here, operating but had suspended operation Marion situation, it was pointed out that asserting that there will be less network and permit has now been deleted). The while this station is some 60 miles from programing and correspondingly less Marion station urged the importance of Indianapolis it is only about 45 miles ‘uncleared” network programing avail network programs, asserting that na from Fort Wayne, also with three net able to independents. The “prime time tional advertisers will “buy” the station work-affiliated stations, and less than 30 access” rule of course does not require if it presents them but not otherwise. miles from Muncie, with one network this result; and if it follows as a matter The chief complaint was inability to get affiliate. Thus, the Grade B contours of of fact that network schedules are cut rebroadcast consent from Indianapolis seven stations include part or all of the back (which we assumed it would for the and Fort Wayne stations to pick up the “home county”. programs. It was urged that such sta 47. NBC affiliates presented a study purpose of the decision on reconsidera tions should be required to give consent; tion in Docket 12782) we conclude that derived from the “Fisher Report” filed in and that there is no legitimate reason 1964 in the CATV proceedings (Dockets the public interest objectives which that for not doing so where the advertiser 14895 and 15233). It was shown that of rule is designed to advance outweigh is willing to “buy” the small-market as 487 operating stations in the continental whatever detriment may flow, in the well as the large-city station. The Dan United States at that time, only 48— present respect as in others. If network ville permittee emphasized the impor roughly 10 percent—did not carry as tance of network programing, as indis much as 40 half-hours per week of prime programing in fact is reduced in quan pensable to successful operation in a tity, it becomes even more important that time network pfrograming (80 percent of small market (as it had discovered in its prime hours) in March 1964. Of the 48,24 whatever amount of it is “uncleared” by brief operating experience), and that it were independents in large markets regular affiliates be available on reason should be more readily available to help where there are three network affiliates. able terms, and sufficient notice, to the development of UHF. Danville’s Of the remaining 24, all but two carried independents. “fringe” location was emphasized. at least 20 half-hours. The two, stations 45. Most of the parties opposing the at Jonesboro, Ark., and Bowling Green, “uncleared program” rule, mentioned Ky. (both VHF), carried no network r>f1+v.In«lle matter of amendment of Part above, opposed Commission action in this programing. It was claimed that the « tne Commission’s Rules and Regulatk respect also, including particularly the degree of overlap involved (with Mem 110 Competition and Respon three networks, CBS and NBC affiliates, J t Network Television Broadcast! phis and Nashville, respectively) justified 12782> ReP°rt and Order adop and Meredith. Many of the same argu their not being offered network pro 70-466• Memorandum Op: ments noted above were urged, includ grams (both are within the Grade B con aiio' ? on Reconsideration adop ing the undesirability of inflexible over tours of stations in these cities, and both SB.M18M " ’° 7 FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19696 PROPOSED RULE MAKING 48. With respect to the present situatour of any other station. Fond du Lac, three stations within about 40 miles pre tion, the distribution of television net Wis., and its UHF station are within the senting the same NBC programs. work programs in the United States is Grade B contour of Milwaukee and 51. Conclusions as to “small market" widespread, and a substantial majority Green Bay VHF stations, but within the stations: Here, as with the “uncleared of U.S. television stations are network- Grade A contours of only one Green Bay programs” portion of this proceeding, affiliated, or else receive programs on a network affiliate (it is about 54 miles be we conclude that no final action is war “per program” basis in substantial tween these cities, 39 miles between ranted at this "time. However, while the amount.“ The two stations mentioned transmitters). Jamestown, N.Y., where overall situation in this area is probably above as carrying no network program a UHF station formerly operated, is somewhat better than it is with respect ing in 1964, at Jonesboro, Ark., and Bowl within the Grade B contours of three to “uncleared programs,” we conclude ing Green, Ky., are now ABC affiliates. Of Buffalo and three Erie stations, but that it i; not by any means completely the “independent” stations in the United within the Grade A contour of only the satisfactory, and must be carefully States, a large number are located in Erie VHF station (city-to-city distances studied in the near future. cities which also have three regular net are 43 miles to Erie and 57 miles to Buf 52. It must be borne in mind that the work affiliates, or are quite close to such falo) . Other cases in which the city and stations involved here—such as those cities, and therefore they would not be station site are fairly far from the larger- mentioned in the last few paragraphs— expected to present network program city stations (although one or both are are generally the only ones in their com ing to any substantial extent except as within three network Grade A contours) munities, and thus their survival and “alternate” stations dealt with in Part include Hickory, N.C., 44 miles to Char continued operation is very much in the I of this report, above. Also, we are not lotte; Salem, Oreg., 44 miles to Portland public interest, and must be of high con primarily concerned here with the few (more from the Salem station’s site) and cern to us, under our “307(b)” mandate remaining situations where there are two Canton, Ohio, 43 rmles to Youngs to provide conditions favorable to the VHP affiliated stations in a city or market town (less between sites) and 21 miles development of local outlets in as many and one UHF station which has not yet from Akron, with one net work affiliate.“ communities of substantial size as pos been able to get an affiliation with one of 50. There are, of course, numerous sible. Tliis has long been one of our basic the networks, such as Augusta, Ga., and cases in which the networks affiliate with allocations objectives, in television as in Raleigh-Durham, N.C. These are under stations fairly close together. This is par the radio broadcast services, as empha consideration in another proceeding, ticularly true where both are in large sized in the 1952 sixth report and order Docket 18927. cities or markets, such as Washington- establishing the present basic television . 49. However, by no means all of the Baltimore (35 miles city-to-city), Bos- allocation framework. The public inter “independent” stations not presenting ton-Providence/New Bedford (41 miles est in the development and viability of network programing in substantial Boston-Providence), and ABC in Cleve- these stations is probably higher, and amount fall into the rbove categories. land-Akron, Ohio (3Q miles city-to-city, certainly at least as high, as it is in For example, in the Marion situation less than 25 miles between transmitters). the success of the independent UHF mentioned, where that station had to It is also true to some extent where the stations which have been the primary cease operation in the spring of 1969, the markets are not so large; for example the object of our concern in Part I of this city, former station location and county UHF station at Anderson, S.C., has af proceeding, above. are within a number of outside Grade B filiation arrangements with ABC and 53. In the sixth report and order of contours, as mentioned above; but the CBS; the VHF station at Spartanburg, 1952, the Commission established a Table city and former station location are not S.C. (in the Greenville-Spartanburg- of Assignments for the licensing of UHF within any outside Grade A contours, Asheville market), is also a CBS affiliate, and VHF stations in the expectation that and there was only a small area of the distances being about 48 miles city- areas of “no service or inadequate serv “Grade A overlap” with one of the In to-city and 50 miles between transmit ice be kept at a minimum” and that the dianapolis VHP stations (none with the ters. NBC and CBS have secondary demonstrated desire for broadcasting other two, Fort Wayne or Muncie sta affiliations with a station in Tuscaloosa, stations to meet local needs and interests tions) . There are other somewhat simi Ala., some 50 miles from Birmingham. be met. Particularly, we indicated an lar situations. In Muskegon, Mich., There are also a few cases where net expectancy that by fixing a channel where a UHF station operated until re works are regularly affiliated with two reservation many communities which at cently, the city and station location are or more stations located close together the time could not support a station fairly close to Grand Rapids (35 miles) and in the same market. For example, would ultimately be able to do so. It is and quite close to the location of the CBS is affiliated with three UHF stations obvious today that a network affiliation Grand Rapids Channel 13 stat'on; but it in the Harrisburg-Lancaster-Lebanon- can be the sustenance of many otherwise is over 50 miles to the location of the York (Pa.), market, with transmitters marginal stations; network affiliation other two VHF stations in. the Grand less than 30 miles apart; and NBC is af policies can make or break local tele Rapids-Kalamazoo market (74 miles to filiated with UHF stations at New Brit- vision stations in moderately small cities. Kalamazoo), and they put only a Grade ain-Hartford an \ Waterbury, Conn., in Our concern that network affiliation B signal over Muskegon. In Modesto, the Hartford-New Haven market, with practices coincide with our efforts to en Calif., while that city and its station are transmitters only about 16 miles apart. courage the establishment of a nation fairly close to Stockton (27 m:les city- With NBC also affiliated in the nearby wide television system is evinced by our to-city, slightly more from the Modesto rule prohibiting efforts being made upon transm itter), it is roughly 50 miles from Springfield, Mass., market, this means networks by their affiliates with regard the city and station to the location of the to their affiliation with stations in other Stockton and Sacramento VHF network 15 As to the small-city station’s penetration markets (§ 73.658). If, with or without stations, and some 70 miles to Sacra of the larger city, the Canton station puts outside influence, the network unreason mento. These stations provide Grade B a Grade A signal over Akron and the Modesto ably denies programs to television sta or better signals to Modesto; two put a station puts a Grade A signal over part of tions serving areas otherwise without its Stockton. The Fond du Lac and Salem sta service, that denial disserves the public Grade A signal over Modesto and one tions provide a Grade B signal Just beyond over the Modesto station’s location. Green Bay and Portland respectively, the and may spell the bankruptcy of the Pocatello, Idaho, where an independent Jamestown station’s Grade B contour in station as in Marion, or, at least, the VHF station operates, is within the cluded Erie but not Buffalo, and'the Canton cessation of operation as in other cases Grade A contours of two Idaho Falls sta station provides a Grade B signal to part of mentioned. CATV becomes the only re tions but not within the Grade B con- Youngstown. Pocatello includes Idaho Falls course. The growth of CATV is generally (but no other station locations) within its- ascribed to inadequacies of off-air signals Grade B contour. The Hickory and Muskegon in quantity and quality in extensive areas 12 According to the Commission’s report TVstations do not, or did not, significantly Financial Data—1969 (Mimeo No. 53061), re penetrate the larger city. The Modesto sta of the United States. leased July 24, 1970, of 598 regular (non tion’s Grade B contour does not include 54. In light of these considerations, the satellite) stations reporting, 516 were Sacramento or the sites of the stations in unavailability of network programs network-affiliated and 82 were independent. that market. stations in places such as Marion, a FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 PROPOSED RULE MAKING 19697 some of the others mentioned, must be stations (e.g., Flagstaff, Ariz., and Miles development of UHF stations is to be regarded as unsatisfactory, and we must, City, Mont.). Moreover, as noted above, furthered. Four of these relate to the and do, expect the networks to take steps we recognize that this subject is a com placement of “uncleared” network pro to increase such availability. We recog plex one, and the formulation of appro grams, those not carried by regular nize that this situation is a complex one, priate standards might well be difficult. affiliates in the market, and have been and we do not here say what such steps None of the stations mentioned above is mentioned in paragraphs 30 and 41 should be, whether they should involve situated so that there is no possibility of above: (1) more vigorous efforts to place a formal review and revision of affiliation service in its city from existing affiliates on alternate stations all “uncleared” procedures and criteria, or ad hoc ex of three networks (except Pocatello). programs, including those not taken by ceptions. But, in our judgment, in at Nonetheless, we find the unavailability the regular affiliate only occasionally or least some of the situations mentioned of network programs in the Marion sit part of the time, and “one-shot” pro the present situation must be altered. uation, and some of the other similar grams; (2) adequate notice to alternate 55. As indicated above, much of the cases mentioned, an unsatisfactory situ stations that a program will not be discussion of the Marion and Ada situa ation which must be improved. We will cleared by the affiliate and will thus be tions, in the comments herein, was in expect the networks to review the poli available to other stations; (3) a reason terms of “Grade B contours”, and how cies and practices under which they en able level of compensation to the inde these stations’ coverage areas (and cities ter into affiliation arrangements or oth pendent stations carrying the program; and home counties) receive other erwise furnish programs to stations, to and (4) recapture practices which afford Grade B signals. To the extent that this keep attuned to the public need for an a reasonable degree of stability to the means the networks use “Grade B cov expanded television service. We will ex independent, which appear to include erage” as a criterion determining affili pect a report by June 1971, as discussed the minimum of 13 weeks run without ation vel non, we believe that an erro below. recapture now granted by ABC and CBS. neous standard is being employed. In our 58. Mention was made earlier, in con The fifth matter, discussed in the im judgment, use of the Grade B criterion, nection with the “uncleared program” mediately preceding paragraphs, is the to the extent it is employed in this con problem, of the compensation paid to availability of programs to “small- nection, has substantial deficiencies, re UHF stations when the regular affiliate market” stations, an area where the net sulting in fewer affiliated stations than in the market does not clear the pro works’ practices and policies appear to there would be if more liberal standards gram, in which respect the situation have been too restrictive so that numer prevailed, and thus fewer stations with does not appear satisfactory. The same ous such stations are unable to obtain the economic base so important to suc is likely true in the present connection desirable program product and thus their cessful operation. The fact that a given also, but this aspect of the matter ap survival is endangered or becomes community or area receives a “Grade B” pears of less importance.We recognize impossible. signal does not, of course, mean that sat that in some of these “small market” sit 60. In our view, for reasons stated isfactory reception is guaranteed; uations the number of viewers which herein, the public interest requires an “Grade B” is defined as a signal inten the station would add to the network improvement in the networks’ perform sity sufficient to provide expected serv lineup if included in it may be small, ance in these respects, and we expect it ice at 50 percent of the locations 90 and therefore it may not be practical to be improved in the near future. While percent of the time, and, in addition, it to expect a high level of remuneration we are not now adopting any rules in does not take into account cochannel or from the networks in some cases. The these areas, we will require the networks adjacent channel interference. Thus, to emphasis in this part of the proceeding to report in the near future, by June 30, the extent it is used, reliance on this is rather on the availability of network 1971, a period some seven months hence, criterion results both in fewer stations programs, which can serve the station on their policies and practices in the obtaining programs so necessary to their economically by helping it to sell adja respects mentioned above. This proceed operation, and less availability of the cencies and building an audience and ing is being kept open for the receipt of programs to the public. The criterion establishing a position, as well as through this information and whatever subse must be changed if the number of sta whatever compensation it may get from quent consideration and action may be tions is to approach the opportunities the network. However, it is noted that indicated. therefor provided in the Table of As numerous small-market stations pres 61. In view of the foregoing: It is signments. ently appear to receive little or nothing ordered> That the three national tele 56. Moreover, as indicated above, when from the networks. According to the cur vision networks, American Broadcasting the situation appears to warrant it, the rent network Standard Rate and Data Cos., Inc., Columbia Broadcasting Sys networks affiiliate with stations situated Service, a number of stations listed as tem, Inc., and National Broadcasting Co., well within the Grade B contours of affiliates are not given a “network rate”, Inc., shall report to the Commission, on other stations, and, indeed, sometimes and therefore presumably receive no or before June 30,1971, as to their policies within the Grade A contours of other compensation. Others have extremely low and practices current at that time as to stations, as in the Washington-Balti- network rates, less than $100 per prime the five matters mentioned in para more, Cleveland-Akron, Pennsylvania, time hour. We hope that, to the extent graphs 30, 41, 51-57, and 58, hereinabove. and Connecticut cases referred to above. these stations add value to the network’s This action is taken pursuant to sections H affiliation with two stations with this lineup, ways can be found to bring them 303 (g) and (i), and 403 of the Com degree of proximity and overlap is de increased compensation. munications Act of 1934, as amended. sirable in these situations, we fail to see OVERALL CONCLUSIONS AND ORDER F ederal Communications why it would not be in other situations Commission,14 such as Marion and others mentioned. 59. As stated above, while the adoption [seal] B en F. Waple, 57. Overall, the performance of the of specific rules does not appear appro Secretary. networks in this area is not to be criti- priate at this time, the situation with [F.R. Doc. 70-17460; Filed, Dec. 28, 1970; cized too harshly; as mentioned, the dis- respect to the distribution of network 8:50 a.m.] tnbution of their programs is fairly wide programs appears unsatisfactory in a spread, and we note that they provide number of respects, and in our judgment 14 Commissioner Bartley absent; Commis Programs to some stations in very small must be improved if the public interest sioner Wells statement filed as part of origi markets which are isolated from other in increased television service and the nal document. FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19698 Notices Signed at Washington, D.C., this 14th Signed at Washington, D.C., this 16th DEPARTMENT GF THE TREASURY day of December 1970. day of December 1970. Internal Revenue Service [seal] R andolph W. T hroweb, [seal] R andolph W . T hrcwer, Commissioner of Intel nal Revenue. Commissioner of Internal Revenue. i EDWARD HARLAN CASTLE [FJt. Doc. 70-17496; Filed, Dec. 28, 1970; [F.R. poc. 70-17495; Filed, Dec. 28, 1970; Notice of Granting of Relief 8:52 a.m.] 8:52 a.m.] Notice is hereby given that Edward Harland Castle, DBA, Cool Springs Park, CHARLES E. FIELDS ROBERT FRANCIS MORSE Route 50, Rowlesburg, WV 26425, has ap plied for relief from disabilities imposed Notice of Granting of Relief Notice of Granting of Relief by Federal laws with respect to the Notice is hereby given that Charles E. Notice is hereby given that Robert acquisition, receipt, transfer, shipment, Fields, Route 3, Box 220, Princeton, MN Francis Morse, 50 Carletcn Avenue, or possession of firearms incurred by 55371, has applied for relief from dis Brockton, MA 02401, has applied for reason of his conviction on January 12, abilities imposed by Federal laws with relief from disabilities imposed by Fed 1966, in the United States District Court respect to the acquisition, receipt, trans eral laws with respect to the acquisition, for the Northern District of West fer, shipment, or possession of firearms receipt, transfer, shipment, or possession Virginia, Elkins, W. Va., of a crime incurred by reason of his conviction on of firearms incurred by reason of his punishable by imprisonment for a term March 15, 1956, in the Hennepin County conviction on February 11, 1942, in the exceeding 1 year. Unless relief is granted, District Court, Minneapolis, Minn., of a Plymouth Superior Court, Plymouth, it will be unlawful for Mr. Castle because crime punishable by imprisonment for a MA, of a crime punishable by imprison of such conviction, to ship, transport, or term exceeding 1 year. Unless relief is ment for a term exceeding 1 year. Unless receive in interstate or foreign commerce granted, it will be unlawful for Charles E. relief is granted, it will be unlawful for any firearm or ammunition, and he would Fields because of such conviction to ship, Robert Francis Morse because of such be ineligible for a license under Chapter transport, or receive in interstate or conviction, to ship, transport or receive 44, Title 18, United States Code as a foreign commerce any firearm or ammu in interstate or foreign commerce any firearms or ammunition importer, manu nition, and he would be ineligible for a firearm or ammunition, and he would be facturer, dealer, or collector. In addition, license under Chapter 44, Title 18, United ineligible for a license under chapter 44, under title VTI of the Omnibus Crime States Code as a firearms or ammunition title 18, United States Code as a firearms Control and Safe Streets Act of 1968, importer, manufacturer, dealer, or col or ammunition importer, manufacturer, as amended (82 Stat. 236; 18 U.S.C., lector. In addition, under title VH of the dealer, or collector. In addition, under Appendix), because of such conviction, Omnibus Crime Control and Safe Streets title V n of the Omnibus Crime Con it would be unlawful for Mr. Castle to Act of 1968, as amended (82 Stat. 236; trol and Safe Streets Act of 1968, receive, possess, or transport in com 18 U.S.C., Appendix), because of such as amended (82 Stat. 236; 18 UJS.C., merce or affecting commerce, any conviction, it would be unlawful for Appendix), because of such conviction, it firearm. Charles E. Fields to receive, possess, or would be unlawful for Robert Francis Notice is hereby given that I have transport in commerce or affecting com Morse to receive, possess, or transport in considered Edward Harlan Castle’s ap merce, any firearm. commerce or affecting commerce, any plication and: Notice is hereby given that I have con firearm. (1) I have found that the conviction sidered Charles E. Fields’ application • Notice is hereby given that I have con was made upon a charge which did not and: sidered Robert Francis Morse’s applica involve the use of a firearm or other (1) I have found that the conviction tion and: weapon or a violation of Chapter 44, Title was made upon a charge which did not (1) I have found that the conviction 18, United States Code, or of the National involve the use of a firearm or other was made upon a charge which did not Firearms Act; and weapon or a violation of Chapter 44, involve the use of a firearm or other (2) It has been established to my sat Title 18, United States Code, or of the weapon or a violation of Chapter 44, Title isfaction that the circumstances regard National Firearms Act; and 18, United States Code, or of the National ing the conviction and the applicant’s (2) It has been established to my Firearms Act; and satisfaction that the circumstances re (2) It has been established to my satis record and reputation are such that the garding the conviction and the appli faction that the circumstances regarding applicant will not be likely to act in a cant’s record and reputation are such the conviction and the applicant’s record manner dangerous to public safety, and that the applicant will not be likely to and reputation are such that the appli that the granting of the relief would not act in a manner dangerous to public cant will not be likely to act in a manner be contrary to the public interest. safety, and that the granting of the re dangerous to public safety, and that the Therefore, pursuant to the authority lief would not be contrary to the public granting of the relief would not be con- vested in the Secretary of the Treasury interest. :ary to the public interest. Therefore, pursuant to the authority Therefore, pursuant to the authority by section 925(c), Title 18, United States vested in the Secretary of the Treasury 33ted in the Secretary of the Treasury Code and delegated to me by 26 CFR by section 925(c), Title 18, United States y section 925(c), title 18, United States 178.144: It is ordered, That Edward-Har Code and delegated to me by 26 CFR ode and delegated to me by 26 CFR 178.- lan Castle be, and he hereby is, granted 178.144: It is ordered, That Charles E. 14: It is ordered, That Robert Francis relief from any and all disabilities im Fields be, and he hereby is, granted Corse be, and he hereby is, granted re posed by Federal laws with respect to the relief from any and all disabilities im ef from any and all disabilities imposed posed by Federal laws with respect to the y Federal laws with respect to the acq acquisition, receipt, transfer, shipment, acquisition, receipt, transfer, shipment, uisition, receipt, transfer, shipment, o or possession of firearms and incurred or possession of firearms and incurred by ossession of firearms and incurred oy by reason of the conviction hereinabove reason of the conviction hereinabove jason of the conviction hereinabov described. described. escribed. FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29. 1970 NOTICES 19699 Signed at Washington, D.C., this , 14th T. 14 S., R. 31% E., M.D.M., day of December 1970. POST OFFICE DEPARTMENT Sec. 1, all; Sec. 12, all; [seal] R andolph W. T hrower, LOSSES IN THE MAILS Sec. 13, all; Commissioner of Internal Revenue. Sec. 24, all; Limitation on Reimbursement Sec. 25, all; [P.R. Doc. 70-17497; Piled, Dec. 28, 1970; Therefor by Postal Service Sec. 36, all. 8:52 a.m.] T. 12% S., R. 32 E., M.D.M., Effective January 1, 1971, the Postal Secs. 25 to 30, inclusive, S%; Service will reimburse customers for Secs. 31 to 36, inclusive, all. EDWARD PIEKARSKI losses through the mail service only to T. 13 3., R. 32 E„ M.D.M., Sees. 1 to 36, inclusive, all. Notice of Granting of Relief the extent of indemnity protection af T. 14 S., R. 32 E., M.D.M., forded by the registry and insurance Secs. 1 to 36, inclusive, all. Notice is hereby given that Edward systems. T. 15 S., R. 32 E., M.D.M., Piekarski, 29737 Westfield, L'vonia, MI Customers of the Postal Service using Secs. 1 to 36, inclusive, all. 48150,'has applied for relief from disa the mails to transmit currency or articles bilities imposed by Federal laws with of value are offered the protection of California P rotraction Diagram 98 respect to the acquisition, receipt, trans registry and insurance systems provided Approved February 24,1970 fer, shipment, or possession of firearms by the Postal Service at reasonable fees. T. 16 S., R. 29 E., M.D.M., incurred by reason of his conviction on The Postal Service anticipates that its Sec. 35, SE%; ^ January 12,1944, in the Recorder’s Court customers will utilize these services for Sec. 36, S%. of the City of Detroit, Mich., of a crime protection of any articles of value en T. 16 S., R. 30 E., M.D.M., punishable by imprisonment for a term trusted to the mails. Sec. 31, S%; exceeding 1 year. Unless relief is granted, Sec. 32, S%. it will be unlawful for Edward Piekarski (5 U.S.C. 301, 39 U.S.C. 501) T. 17 S., R. 30 E., M.D.M., Sec. 3,NW%; because of such conviction, to ship, D avid A. N elson, Sec. 4, N%; transport or receive in interstate or for General Counsel. Sec. 5, N%; eign commerce any firearm or ammuni [F.R. Doc. 70-17548; Piled, Dec. 28, 1970; Sec. 6 , N%; tion, and he would be ineligible for a 9:33 am.] Sec. 19, S%; license under chapter 44, title 18, Sec. 30, N%. United States Code as a firearms or am T. 16 S., R. 31 E., M.D.M., munition importer, manufacturer, Sec. 33, SE%; dealer, or collector. In addition, under Sec. 34, SW%. title VII of the Omnibus Crime Control DEPARTMENT OF THE INTERIOR T. 17 S., R. 31 E., M.D.M., Bureau of Land Management Secs. 1 and 2, all; and Safe Streets Act of 1968, as amended Sec. 3,N%,SE%; (82 Stat. 236; 18 U.S.C., Appendix), be CALIFORNIA Sec. 11, N%; cause of such conviction, it would be un Sec. 12, N%. lawful for Edward Piekarski to receive,, Notice of Filing of California State T. 17 S., R. 32 E., M.D.M., possess, or transport in commerce or Protraction Diagrams Sec. 6, W%. affecting commerce, any firearm. California Protraction Diagram 112 Notice is hereby given that I have con Notice is hereby given that effective sidered Edward Piekarski’s application February 1, 1971, the following protrac Approved February 10,1970 and: tion diagrams are officially filed and of T. 7 S., R. 24 E„ M.D.M., (1) I have found that the conviction record in the Sacramento Land Office. Sec. 10, S%; was made upon a charge which did not In accordance with Title 43, Code of Sec. 15, all; involve the use of a firearm or other Federal Regulations, these protractions Sec. 16, E%; Sec. 21, E%; weapon or a violation of chapter 44, will become the basic record for describ Sec. 22, N%, SW%. title 18, United States Code, or of the ing the land for all authorized purposes T. 6 S., R. 25 E., M.D.M., National Firearms Act; and at and after 10 a.m. of the above date. Sec. 7, S%; (2) It has been established to my Sec. 18, all; satisfaction that the circumstances re Until this date and time, the diagrams Sec. 19, N%. have been placed in the open files garding the conviction and the appli California Protraction Diagram 115 cant’s record and reputation are such and are available to the public for that the applicant wilj not be likely to act information only. Approved February 2,1970 m a manner dangerous to public safety, California P rotraction Diagram 93 T. 5 S., R. 22 E., M.D.M., and that the granting of the relief would Sec. 5, all; not be contrary to the public interest. Approved January 27,1970 Sec. 6, all. Therefore, pursuant to the authority T. 15 N., R. 9 E„ M.D.M., California Protraction Diagram 116 vested in the Secretary of the Treasury Sec. 36, NE%, E%W%, N%SE%, SW% by section 925(c), title 18, United States SE%. Approved February 2,1970 Code and delegated to me by 26 CFR California P rotraction Diagram 97 T. 3 S., R. 20 E., M.D.M., Approved February 24,1970 Sec. 1, W%; 178.144: It is ordered. That Edward Sec. 2, E%. Piekarski be, and he hereby is, granted T. 14 S., R. 31 E., M.D.M., T. 4 S., R. 20 E., MJJJd., relief from any and all disabilities im- Secs. 1 to 36, Inclusive, aUI Sec. 3,W%; T. 15 Sr, R. 31 E„ M.D.M., Sec. 4, E%; Posed by Federal laws with respect to th Sec. 4, W%; Sec. 5, NW%.S%; acquisition, receipt, transfer, shipmen Sec. 5, E%; Sec. 6, NE%,S%; or possession of firearms and incurre sec. 10, s%; Sec. 7, all; y reason of |he conviction hereinabov Sec. 14, W%; Sec.8 ,N%,SW%. Sec. 15,N%,SE%; T. 2 S., R. 21 E., M.D.M., described. Sec. 16, sy2; Secs. 1 and 2, aU; at Washington, D.C., this 16 Sec. 21, N%. Sec. 3,NE%,S%; nay of December 1970. T. 13 S., R. 31 ^ E., M.D.M., Sec. 10, aU; Sec. 1, all; Secs. 11,12, and 15, fractional; [seal] R andolph W. Thrower, Sec. 12, all; Secs. 30 and 31, fractional. ommissioner of Internal Revenue. Sec. 13, all; T. 2 S., R. 22 E., M.D.M., Sec. 24, all; Secs. 1 to 4, Inclusive, fractional; [P-R. Doc. 70-17498; Piled, Dec. 28, 1970; Sec. 25, all; Sec. 5, all; 8:52 aon.] Sec. 36, all. Secs. 8 ,9,11,12, and 36, fractional. ; No. 251---- 7 FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19700 NOTICES California Protraction Diagram 117 T. 5 N„ R. 21 E., M.D.M., T. 9 N., R. 17 E„ M.D.M., Secs. 2 to 5, inclusive, ail; Sec. 22, SE%; Approved February 2,1970 Sec. 6, Ey2; Sec. 23, SW14, Ey2Ey2Ei/2; T. 1 N., R. 16 E., Sec. 7, RE %; Sec. 26, all; Sec. 3, Wi/2NW%; Secs. 8 to 11, inclusive, all; Sec. 27,NE%,Si/2; Sec. 4, NEi4. Sec. 14,Ny2,SW%; Secs. 34 and 35, all. T. 1 S., R. 16 E., Sec. 15, all; T. 8 N., R. 18 E., M.D.M., Sec. 1.NW&; Sec. 16, N%, SE}4; Secs. 1 to 23, inclusive, all; Sec. 2, N y2; Sec. 31, E%; Sec. 24, Ni/2NE^, Wy2; Sec.3,Ni/2; Sec. 32, w y 2; Sec. 26, N%; Sec. 4, Ni/a, SW^; Sec. 33,NEi4,Sy2; Sec. 27, Ni/2; Sec. 5, Ey2. Sec. 34,NW ^,Sy2; Sec. 28,Ny2; Sec. 36, SEI4 . Sec. 29, Ni/2,SW%; California Protraction Diagram 118 T. 6 N., R. 21 E., M.D.M., Secs. 30 and 31, all. >, Approved February 2, 1970 Secs. 1 to 36, inclusive, all. T. 9 N„ R. 18 E., M.D.M., T. 6 N., R. 22 E., M.D.M., Sec. 3, NWi/4, Ni/2SWi4; T. 2 N„ R. 26 E., M.D.M., Sec. 5 ,w y 2; Sec. 4, N%, SW%, Ny2SEi,4; Secs. 13 and 24, fractional. Sec. 6, Ey2. Sec. 5, Ey2; T. 1 N., R. 27 E., M.D.M., Sec. 7, NEi4,Sy2; Sec. 28, Sy2; California Protraction Diagram 123 Sec. 8, all; Sec. 29, NW^4, S%; Approved January 27,1970 Sec. 9, W‘/2NW»/4, SE^NW ^, S%, S£ Sec. 30,Ei/2; T. 6 N„ R. 17 E., M.D.M., NE14; Sec. 31, Ey»; Sec. 2,Ny2,SW%; Sec. 10,S%Ny2,Si/2; Sec. 32, all; Sec. 3, all; Sec. 11, sy2NWiA, sy2; Sec. 33, all; Sec. 4,Ey2. Sec. 13, all, except NE14; Sec. 34,Wi/2. T. 7 N., R. 17 E., M.D.M., Secs. 14 to 24, inclusive, all; T. 2 N., R. 27 E., M.D.M., Secs. 28 to 33, inclusive, all. Secs. 18 and 19, fractional. Sec. l,N y2,SWi4; Sec. 2,Ni/2,SE%; T. 8 N., R. 19 E., M.D.M., T. 1 N., R. 28 E„ M.D.M., Sec. 3, N%; Secs. 1 and 2, all; Secs. 1 to 2, inclusive, all; Sec. 11, Ni/2, SE^; Sec. 4,NE%,Si/2; Sec. 4,N;y2,SWi/4; Sec. 5, all; Sec. 12, all; Secs. 9 to 16, inclusive, all; Sec. 6,Ny2,SE%; Sec. 18, wy2; Secs. 21 to 28, all; Sec.24,NEi4,Sy2; Sec. 19,N^NW%; Sec. 33,Ny2,SE%; Sec. 35,N E^,Sy2; Secs. 34 to 36, inclusive, all. Sec. 25, all; Sec. 34, NEi4,Sy2; Sec. 36, all. California Protraction Diagram 119 Secs. 35 and 36, all. California P rotraction Diagram* 126 Approved February 2,1970 T. 6 N., R. 18 E., M.D.M., Sec. l,N y2; Approved January 27,1970 T. 1 N., R. 25 E., M.D.M., Secs. 2 to 5, inclusive, all; T. 8 N., R. 24 E., M.D.M., Secs. 1 to 6, inclusive, all; Sec. 6, Ey2, SWy4SWy4; Secs. 5 and 6, fractional; Secs. 9 to 12, inclusive, all; Sec. 7, Ny2; Sec. 7, all; Secs. 25 to 29, inclusive, all; Sec. 8, N»/2; Secs. 8 , 9, 15, and 16, fractional; Secs. 31 to 36, inclusive, all. Sec. 9, NW*4; Secs. 17,18,19, 20, and 21, all; T. 2 N„ R. 25 E„ M.D.M., Secs. 10 and 11, N y2\ Secs. 22, 23, 25, and 26, fractional; Sec. 6, Wy2. Sec. 23, Ei/2; Secs. 27 to 36, inclusive, all. California Protraction Diagram 120 Sec. 24, wy2,SE^; T. 9 N., R. 24 E., M.D.M., Approved January 27,1970 Sec. 25, all; Sec. 31, fractional. Sec. 26,N E^,Sy2; T. 8 N., R. 25 E., M.D.M., T. 3 N„ R. 22 E„ M.D.M., Sec. 27,SE%; Sec. 31, fractional. Secs. 1 to 6, inclusive, Sy2; Sec. 33, Sy2NE^, SE^; T. 6 N., R. 26 E., M.D.M., Secs. 7 to 36, inclusive, all. Sec. 34, unsurveyed portion; Sec. 4, fractional; T. 3 N., R. 23 E., M.D.M., Secs. 35 and 36, all. Sec. 5, fractional E%; Secs. 1 to 30, inclusive, all; T. 6 N., R. 19 E„ M.D.M., Sec. 9, fractional T$y2Ny2. Secs. 31 to 36, inclusive, fractional. 1 Sec. 5,N W % ;S% ; Sec. 6,Ny2,SEi,4; California P rotraction Diagram 133 California Protraction Diagram 121 Sec. 7, NE%; Approved February 10,1970 Approved January 27,1970 Sec. 8, Ni/2; Sec. 19, Si/2; T. 5 S., R. 26 E., M.D.M., T. 3 N., R. 19 E., M.D.M., Sec. 30,Ni/2, SW14; Secs. 1 to 36, inclusive, all. Secs. 1 to 16, inclusive, all; Sec.31,Wy2. T. 6 S., R. 26 E., M.D.M., Secs. 21 to 28, inclusive, all; Secs. 1 to 36, inclusive, all. Secs. 32 to 36, inclusive, all. T. 7 N., 19-E., M.D.M., Sec. 1, all; T. 5 S., R. 27 E., M.D.M., T. 3 N., R. 20 E„ M.D.M., Secs. 1 to 36, inclusive, all. Sec. l,NW%,Sy2; Sec. 2, Ey2; Sec. 3, SWi/4; T. 6 S., R. 27 E., M.D.M., Secs. 2 to 36, inclusive, all. Secs. 1 to 36, inclusive, all. T. 4 N., R. 20 E„ M.D.M., Sec. 4,NWV4,sy2; Sec. 5, Ey2; T. 6 i/2 S., R. 27 E., M.D.M., Secs. 1 to 5, inclusive, Sy2; Secs. 25 to 36, inclusive, all. Sec. 6, SWi/4NWy4, S%; Sec. 8 , Ey2; Secs. 7 to 36, inclusive, all. Sec. 9, ail; California Protraction Diagram 147 Sec. 10, NW14, SEiy4; T. 3 N., R. 21 E., M.D.M., Approved January 27,1970 Secs. 1 to 6, inclusive, sy2 all; Sec. ll,N E ^ ,s y 2; ‘ Secs. 7 to 36, inclusive, all. Secs. 12 to 15, inclusive, all; T. 4 N., R. 14 E., M.D.M., Sec. 16, Ni/a.SEiA; Sec. 36,Sy2NE%,Sy2. California Protraction Diagram 122 Secs. 22 to 26, inclusive, all; T. 4 N., R. 15 E., M.D.M., Approved January 27,1970 Sec. 27,Ny2,SE%; Sec. 31, NE14, Si/aNWyt, Sy2; Sec. 35,Ny2, SEy4; Sec. 32, all; T. 6 N., R. 20 E., Sec. 36, all. Sec. 33, NW^4, S54. Secs. 1 to 4, inclusive, all; Sec. 5,SE y4; California Protraction Diagram 124 California Protraction Diagram 148 Sec. 6,Ny2; Approved January 27,1970 Approved February 2,1970 Sec. 7,NE%,S%; Secs. 8 to 18, inclusive, all; T. 8 N., R. 17 E., M.D.M., Secs. 1 to 3, inclusive, all; T. 37 N., R. 15 E., M.D.M., Sec. 19,Ny2,SE%; Sec. 5, all except SE^. Secs. 20 to 26, inclusive, all; Sec. 4, E%; Sec. 27, N ^ .S E ^ ; Secs. 10 to 15, inclusive, all; Copies of these diagrams are for sal® Sec. 28, Ny2Ny2; Sec. 21, NEi,4, Sy2; at two dollars ($2.00) each by the survey Sec. 29, Ny2; Secs. 22 to 28, inclusive, all; Records Office, Bureau of Land Manag Sec. 35, NE&, E^NWy4, SEJ4; Sec.31,NE^,Sy2; Sec. 36, all. Secs. 32 to 36, inclusive, all. ment, Room E-2807, Federal O FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 NOTICES 19701 Building, 2800 Cottage Way, Sacramento, named county in the State of New CA 95825. DEPARTMENT OF AGRICULTURE Mexico natural disasters have caused a John E. Clute, need for agricultural credit not readily Chief. Office of the Secretary available from commercial banks, coop *Branch of Title and Records. CONSUMER AND MARKETING erative lending agencies, or other respon [F.R. Doc. 70-17363; Filed, Dec. 28, 1970; SERVICE sible sources. 8:45 a.m.] New Mexico Organization and Delegations Chaves. Office of Hearings and Appeals Pursuant to the authority contained in Emergency loans will not be made in 5 U.S.C. 301 and Reorganization Plan No. the above-named county under this des [Docket No. NORT 70-6] 2 of 1953, section 110c of Secretary’s ignation after June 30, 1971, except sub SOUTHERN ELECTRIC GENERATING order dated December 3, 1969 (34 FJR. sequent loans to qualified borrowers who CO. 19474), is amended by adding a new receive initial loans under this designa subparagraph (26), which reads as tion on or before that date. Petition for Modification of follows: Done at Washington, D.C,, this 22d day Mandatory Safety Standard (26) Agricultural Fair Practices Act of December 1970. (7 UJS.C. 2301-2306) In accordance with the provisions of Clifford M. Hardin, section 301(c) of the Federal Coal Mine Done at Washington, D.C. this 23d day Secretary of Agriculture. of December 1970. Health and Safety Act of 1959 (Public [F.R. Doc. 70-17491; Filed, Dec. 28, 1970; Law 91-173, 83 Stat. 24), notice is given Clifford M. Hardin, 8:52 a.m.] that the Southern Electric Generating Secretary of Agriculture. Co. has filed a petition to modify the [F.R. Doc. 70-17448; Filed, Dec. 28, 1970; application of section 314(b) of the Act, OKLAHOMA as implemented by § 75.1403-7(0) of 8:48 a.m.] Title 30, Code of Federal Regulations, Designation of Area for Emergency to its Segco Mine No. 2. ARKANSAS Loans Section 314(b) of the Act provides: For the purpose of making emergency (b) Other safeguards adequate, in the Designation of Areas for Emergency loans pursuant to section 321 of the Con Judgment of an authorized representative of Loans the Secretary,“ to minimize hazards with re solidated Farmers Home Administration spect to transportation of men and materials For the purpose of making emergency Act of 1961 (7 UJS.C. 1961), it has been shaU be provided. loans pursuant to section 321 of the Con determined that in the hereinafter- solidated Farmers Home Administration named county in the State of Oklahoma Section 75.1403-7(o) of the regula Act of 1961 (7 U.S C. 1961), it has been natural disasters have caused a need tions read as follows at the time when determined that in the hereinafter- for agricultural credit not readily avail the petition was filed: named counties in the State of Arkansas able from commercial banks, cooperative (o) Extraneous materials or supplies shaUnatural disasters have caused a need for lending agencies, or other responsible not be transported on top of equipment; agricultural credit not readily available sources. however, materials' and supplies that are nec from commercial banks, cooperative Oklahoma essary for or related to the operation of such Wagoner. equipment may be transported on top of lending agencies, or other responsible such equipment if a hazard is not intro sources. Emergency loans will not be made in duced. (35 F.R. 5251) Arkansas the above-named county under this Ashley. Lee. designaton after June 30, 1971, except This regulation was recently amended, Clay. Lincoln. subsequent loans to qualified borrowers effective November 20, 1970, by the sub Conway. Mississ ippi. who receive initial loans under this stitution of "should” for “shall”. (35 F.R. Craighead. Monroe. 17924) Crittenden. Phillips. designation on or before that date. Petitioner avers that a similar provi Cross. Randolph. Done at Washington, D.C., this 22d sion existed in the old Federal Mine Desha. St. Francis. day of December 1970. Greene. White. Safety Code, that it applied for an ex Independence. Woodruff. Clifford M. Hardin, emption in October 1964 and was granted Lawrence. one on December 1, 1984, and that the Secretary of Agriculture. exemption has been in effect since that Emergency loans will not be made in [F.R. Doc. 70-17492; Filed, Dec. 28, 1970; date. Petitioner indicates that the ex the above-named counties under this des 8:52 a.m.] emption was granted to permit the trans- ignation after June 30, 1971, except sub Wrting of timbers and other materials sequent loans to qualified borrowers who to the working faces in the Segco No. 2 receive initial loans under this designa TEXAS tion on or before that date. f nfu°n locomotives (tractors) Designation of Areas for Emergency ior the reason that this was the safest Done at Washington, D.C., this 22d day Loans way possible. of December 1970. Parties interested in this petition For the purpose of making emergency muuiL toe* answer or comments Clifford M. Hardin, " loans pursuant to section 32 i of the Con with the Office of Hearings, and Appeals, Secretary of Agriculture. solidated Farmers Home Administration . division, U.S. Department of [F.R. Doc. 70-17490; Filed. Dec. 28, 1970: Act of 1961 (7 U.S.C. 1961), it has been the Interior, Ballston Tower No. 3, 4015 8:52 a.m.] determined that in the hereinafter- wmon Boulevard^ Arlington, VA 22203, named counties in the State of Texas lrl i2.^ays from the date of publica- natural disasters have caused a need for _ 5101 2^? n°tice. Copies of the petition NEW MEXICO agricultural credit not readily available address able f°r 11151)6011011 at the same from commercial banks, cooperative Designation of Area for Emergency lending agencies, or other responsible J ames M. D ay, Loans sources. Divcctov For the purpose of making emergency T exas Office of Hearings and Appeals. loans pursuant to section 321 of the Con Anderson. Wharton. December 15, 1970. solidated Farmers Home Administration Gaines. l*-R. Doc. 70-17429; Filed, Dec. 28, 1970: Act of 1961 (7 U.S.C. 1961), it has been Emergency loans will not be made in 8:47 a.m.] determined that in the hereinafter- the above-named counties under this FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19702 NOTICES designation after June 30, 1971, except enced publication of the proposed stand subsequent loans to qualified borrowers DEPARTMENT OF COMMERCE ard for small carpets and rugs, and the who receive initial loans under this reports of the members of the National designation on or before that date. National Oceanic and Atmospheric Advisory Committee for the Flammable Administration Done at Washington, D.C., this 22d Fabrics Act on that proposed standard. [Docket No. A-560] As a result of this review and considera day of December, 1970. tion, the labeling requirements of the Clifford M. Hardin, JOSEPH W. KUNTZ, JRi proposed standard were changed. There Secretary of Agriculture. Notice of Loan Application fore, pursuant to my responsibilities and [F.R. Doc. 70-17493; Filed, Dec. 28, 1970; authority under the Flammable Fabrics 8:52 a.m.] D ecember 22,1970. Act, as amended, it is hereby found that Joseph W. Kuntz, Jr., Box 642, Wran the standard as set out in full at the end gell, AK 99929, has applied for a loan hereof: Packers and Stockyards from the Fisheries Loan Fund to aid in (a) Is needed for small carpets and Administration financing the purchase of a used 39.2-foot rugs to protect the public against un registered length wood vessel to engage reasonable risk of the occurrence of fire GAINESVILLE SALE BARN ET AL. in the fishery for salmon and halibut. arising from the hazards of rapid flash Deposting of Stockyards Notice is hereby given, pursuant to the burning or continuous slow burning or provisions of 16 U.S.C. 742c, Fisheries smoldering and. leading to death, per It has been ascertained, and notice is Loan Fund Procedures (50 CFR Part 250, sonal injury, or significant property hereby given, that the livestock markets as revised), and Reorganization Plan No. damage; named herein, originally posted on the 4 of 1970, that the above-entitled appli (b) Is reasonable, technologically prac respective dates specified below as being cation is being coiisidered by the National ticable and appropriate and is stated subject to the Packers and Stockyards Marine Fisheries Service, National in objective terms; and Act, 1921, as amended (7 U.S.C. 181 et Oceanic and Atmospheric Administra (c) Is limited to small carpets and seq.), no longer come within the defini tion, Department of Commerce, Interior rugs which currently present the unrea tion of a stockyard under said Act and Building—Washington, D.C. 20235. Any sonable risks specified in (a) above. are, therefore, no longer subject to the person desiring to submit evidence that Intent of the Standard. There has provisions of the Act. the contemplated operation of such heretofore existed no flammability stand Name, location of stockyard, and date of vessel will cause economic hardship or in ard for small carpets and rugs afford posting jury to efficient vessel operators already ing protection to the general public from an unreasonable risk of the occurrence Gainesville Sale Bam, Gainesville, Mo., May operating in that fishery must submit of fire. This standard is particularly de 20,1959. such evidence in writing to the Director, Empire Livestock Marketing Cooperative, National Marine Fisheries Service, with signed to protect the public from the oc Inc., Bullville, N.Y., Aug. 8, 1960. in 30 days from the date of publication of currence of fire from small ignition John F. Hobbs Stockyard, Inc., -Goldsboro, this notice. If such evidence is received it sources, such as glowing fireplace em N.C., Apr. 6,1959. will be evaluated along with such other bers or inadvertently discarded lighted The Dorset Livestock Auction, Inc., Dorset, matches. These sources will usually affect Ohio, May 30,1959. evidence as may be available before only the surface of the carpet or rug; Cleveland Livestock Auction Co., Cleveland, making a determination that the con hence, the standard is one for surface Tenn., May 5,1959. templated operation of the vessel will or flammability of small carpets and rugs. Dayton Livestock Auction Co., Dayton, Tenn., will not cause such economic hardship or The standard affords to the general pub May 7,1959. injury. lic additional protection to that presently Notice or other public procedure has J ames F. Murdock, provided in the Standard for the Sur Chief, face Flammability of Carpets and Rugs not preceded promulgation of the fore Division of Financial Assistance. going rule since it is found that the (DOC FF 1-70) recently published by giving of such notice would prevent the [F.R. Doc. 70-17428; Filed, Dec. 28, 1970; the Secretary of Commerce in the Fed 8:47 a.m.] eral R egister (35 F.R. 6211, Apr. 16, due and timely administration of the 1970),-which does not include small car Packers and Stockyards Act and would, Office of the Secretary pets and rugs. therefore, be impracticable and contrary Standard. On the basis of comments to the public interest. There is no legal SMALL CARPETS AND RUGS received in response to the notice of pro warrant or justification for not depost posed flammability standard for carpets Notice of Standard ing promptly a stockyard which is no and rugs (34 F.R. 19812, Dec. 18,1969), it On April 16, 1970, there was published has been determined that the standard longer within the definition of that term DOC FF 1-70 is not appropriate for small contained in the Act. in the F ederal Register (35 F.R, 6212) a notice of finding that a flammability carpets and rugs (defined as having no The foregoing is in the nature of a rule standard was needed for small carpets dimension greater than 1.83 meters lb granting an exemption or relieving a re and rugs to protect the public against un feet! and an area not greater than 2M striction and, therefore, may be made reasonable risk of the occurrence of fire square meters (24 square feet)), bui leading to death, injury, or significant that nonetheless a labeling standara effective in less than 30 days after publi- complementary to DOC FF 1-70 ? catioh in the F ederal R egister. This property damage, arising from the hazards of rapid flash burning or con needed to warn the consuming pubii notice shall become effective upon publi tinuous slow burning or smoldering. A against use of such small carpets an cation in the F ederal R egister. proposed standard, which was prelimi rugs in locations where their (42 Stat. 159, as amended and supplemented; narily found to protect the public against could cause the spread of fire to otn 7 U.S.C. 181 et seq.) , the unreasonable risk, was published in combustible interior furnishings. the same F ederal Register. It was also Therefore, all small carpets and rugs Done at Washington, D.C., this 21st preliminarily found that the proposed no larger than the above size nrm « day of December 1970. standard was reasonable, technologically and fabrics or related materials mte G. H. Hopper, practicable and appropriate and stated ed to be used, or. which may reasonably Chief, Registrations, Bonds, and * in objective terms. be expected to be used, as small Reports Branch, Livestock In deciding to issue the final standard pets and rugs, which fail to d Marketing Division on small carpets and rugs, there were re acceptance criterion of the testme , [F.R. Doc. 70-17449; Filed, Dec. 28, 1970; viewed and considered the comments described in the appended stanaaru, 8:48 a.m.] received pursuant to the above-refer shall be provided with a permanent FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 NOTICES 19703 label warning the public against the risk (e) “Traffic Surface” means a surface of moisture from the specimens when main associated with the indiscriminate use a small carpet or rug which is intended to tained at 105° C. (221° F.) for 2 hours.8 of such small carpets and rugs. be walked upon. (6) Desiccating cabinet. An airtight and (f) “Timed Burning Tablet” (pill) means moisturetight cabinet capable of holding the Effective date. The appended standard, the methenamine tablet, weighing approxi floor covering specimens horizontally with DOC FF 2-70, a Standard for the Sur mately 0.149 grams (2.30 grains), sold as out contacting each other during the cooling face Flammability of Small Carpets and Product No. 1588 in Catalog No. 79, Decem period following drying, and containing silica Rugs (Pill Test), shall become effective ber 1, 1969, by the Eli Lilly Co. of Indian gel desiccant. 12 months from the date of its publica apolis, Ind. 46206, or an equal tablet. (7) Gloves. Nonhygroscopic gloves (such tion in the F ederal R egister, and all (g) “Fire-Retardant Treatment” means as rubber or polyethylene) for handling the small carpets and rugs, as defined in the any process to which a small carpet or rug sample after drying and raising the pile on has been exposed which significantly de specimens prior to testing. standard, and all materials which may creases the flammability of that small carpet reasonably be expected to be used as (8) Hood. A hood capable of being closed or rug and enables it to meet the acceptance and having its draft turned off during each small carpets and rugs manufactured on criterion of this Standard. test and capable of rapidly removing the or after that date shall comply with the .2 Scope and Application. This Standard products of combustion following each test. standard. Small carpets and rugs, and provides a test method to determine the The front or sides of the hood should be materials which may reasonably be ex surface flammability of small carpets and transparent to permit observation of the tests rugs when exposed to a standard small source in progress. pected to be used as carpets and rugs, in of ignition under carefully/prescribed draft- inventory or with the trade as of the protected conditions. It is applicable to all (9) Mirror. A small mirror mounted above effective date shall be exempt from the types of small carpets and rugs used as floor each test chamber at an angle to permit ob standard. All concerned parties may be covering materials regardless of their method servation of the specimen from outside the required to provide records proving that of fabrication or whether they are made of hood. small carpets and rugs offered for sale natural or synthetic fibers or films, or com (10) Vacuum cleaner. A vacuum cleaner after the effective date are eligible for binations of, or substitutes for these. to remove all loose material from each speci the exemption. One of a kind small carpet or rug, such as men prior to conditioning. All surfaces of the an antique, an Oriental or a hide, may be vacuum cleaner contacting the specimen Issued: December 22, 1970. excluded from testing under this Standard shall be flat and smooth. pursuant to conditions established by the (b) Sampling—(1) Selection of 'samples. Maurice H. S tans, Federal Trade Commission. Select a sample of the material representa Secretary of Commerce. .3 General requirements— tive of the lot and large enough to permit Small Carpets and R ugs DOC FF 2-70 (a) Summary of test method. This method cutting eight test specimens 22.86 x 22.86 cm? involves the exposure of each of eight con (9 x 9 in.) free from creases, fold marks, STANDARD FOR THE SURFACE FLAMMABILITY OF ditioned, replicate specimens of a small car delaminations or other distortions. The repre SMALL CARPETS AND RUGS (PILL TEST) pet or rug to a standard igniting source in a sentative sample of material may require the .1 Definitions. draft-protected environment and measure use of more than one small carpet or rug. .2 Scope and Application. ment of the proximity of the charred portion The test specimens should contain the most .3 General Requirements. to the edge of the hole in the prescribed flammable parts of the traffic surface at their .4 Test Procedure. flattening frame. centers. The most flammable area may be .5 Labeling Requirement. (b) Test criterion. A specimen'passes the determined on the basis of experience or test if the charred portion does not extend through pretesting. .1 Definitions. In addition to the defini to within 2.54 cm. (1.0 in.) of the edge of If the small carpet or rug has had a fire- tions given in section 2 of the Flammable the hole in the flattening frame at any point. retardant treatment, or is made of fibers Fabrics Act, as amended (sec. 1, 81 Stat. 568; (c) Acceptance criterion. At least seven of which have had a fire-retardant treatment, 15 U.S.C. 1191), and section 7.2 of the Pro the eight specimens shall meet the test the selected sample or oversized specimens cedures (33 F.R. 14642, Oct. 1, 1968), the criterion in order to conform with this thereof shall be washed, prior to cutting of following definitions apply for the purposes Standard. test specimens, either 10 times under the o£ this Standard: .4 Test procedure— (a) Apparatus— (1) washing and drying procedure prescribed in (a) “Acceptance Criterion” means that ;at Test chamber. The test chamber shall con Method 124—1967 of the American Associa least seven out of eight Individual specimens sist of an open top hoilow cube made of tion of Textile Chemists and Colorists of a small carpet or rug shall meet the test noncombustible material): with inside di [washing procedure 6.2 (III) with a water criterion as defined in this Standard. mensions 30.48 x 30.48 x 30.48 cm. (12 x 12 x temperature of 60±2.8° C (140+5° F), (b) “Test Criterion” means the basis for 12 in.) and a minimum of 6.35 mm. in.) drying procedure 6.3.2(B), maximum load judging whether or not a single specimen of wall thickness. The flat bottom of the box 3.6.4 kg (8 pounds)],8 or such number of a small carpet or rug'has passed test, i.e., the shall be made of the same material as the times under such other washing and drying charred portion of a tested specimen shall sides and shall be easily removable. The sides procedures as shall previously have been not extend to within 2.54 cm. (1.0 in.) of shall be fastened together with screws or found to be equivalent by the Federal Trade he edge of the hole in the flattening frame brackets and taped to prevent air leakage Commission. Alternatively, the selected at any point. into the box during use. sample or oversized specimens thereof may , Small Carpet” means any type of fin- Note: A minimum of two chambers and be washed, dry-cleaned, or shampooed 10 shed product made in whole or in part of two extra bottoms is suggested for efficient times, prior to cutting of test specimens, in aoric or related material and intended for operation. such manner as the manufacturer or other interested party shall previously have estab use or which may reasonably be expected to (2) Flattening frame. A steel plate, 22.86 x lished to the satisfaction of the Federal »e used as a floor covering which is exposed 22.86 cm. (9x9 in.), 6.35 mm. (% in.) thick ^ traffic in homes, offices, or other places with a 20.32 cm. (8 in.) diameter hole in its Trade Commission is normally used for that i assembiy or accommodation, and which center is required to hold the specimen flat type of small carpet or rug in service. ayu°r may not be fastened to the floor by during the course of the test. It is recom (2) Cutting. Cut eight 22.86+0.64 cm (99 mechamcal means such as nails, tacks, barbs, mended that one be provided for each test ± % in.) square specimens of each small sinn J!’ ^besives, and which has no dimen- chamber. carpet or rug to be tested to comply with not\^ea.ter,than 1-83 m. (6 ft.) and an area (3) Standard igniting source. No. 1588 section .4(b) (1). ucts^n tliau 2 23 m‘- (24 sq. « •). Prod- methenamine timed burning tablet or an sion inciuded in Standard DOC FF results from that test shall be ignored, and fibers jfnH natural or synthetic it shall be repeated.) 2 Option 1 of ASTM D 2654-67T, “Methods eluded in * °thf similar products are in- (4) Test specimens. Each test specimen of Test for Amount of Moisture in Textile the defined*11,*- definition if they are within shall be a 22.86 x 22.86 cm. (9x9 in.) sec Materials,” describes a satisfactory oven. coverture? ^mensions, but resilient floor tion of the small carpet or rug to be tested. (“1969 Book of ASTM Standards,” Part 24, Eight specimens are required. published by the American Society for Test vinyl Sfe arTSo?6 linoleum> ™Phalt tile> (5) Circulating air oven. A forced circula ing and Materials, 1916 Race Street, Philadel tion drying oven capable of removing the phia, PA 19103.) of ^this meanSi f°r the purposes 3 Technical Manual of the American Asso and shall he,**?’ tiie same 85 small carpet ciation of Textile Chemists and Colorists, with small iarpet.CePted “ lnterchangeable 16.35 mm. (% in.) cement asbestos board vol. 45, 196», published by AATCC, Post Office is a suitable material. Box 12215, Research Triangle Park, NC 27709. FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19704 NOTICES been worked into the pile during handling.* which have had a fire-retardant treatment, it .04 The Secretary is vested by legis Care must be exercised, to avoid “fuzzing” of shall be labeled with the letter “T” pur lation (e.g., 5 U.S.C. 301) and Reorgani the pile yarn. suant to rules and regulations established by zation Plans with an authority to provide Place the specimens in the drying oven in the Federal Trade Commission. for the organization and general man a manner that will permit free circulation of [F.R. Doc. 70-17474; Filed, Dec. 28, 1970; agement of the Department. Reorganiza the air' at 105° C (221° F) around them for 8:50 a.m.] 2 hours.5 Remove the specimens from the tion Plan No. 5 of 1950, in particular, oven with gloved hands and place them hori provides that: zontally in the desiccator with traffic surface [Dept. Organization Order 1-1] The Secretary of Commerce may from time up and free from contact with each other to time make such provisions as he shall until cooled to room temperature, but in no MISSION AND ORGANIZATION deem appropriate authorizing the perform- instance less than 1 hour. cance by any officer, or by any agency or (d) Testing. Place the test chamber in the The following order was issued by the employee of the Department of Commerce draft-protected environment (hood with Secretary of Commerce on December 15, of any function of the Secretary * * *. draft off) with its bottom in place. Wearing 1970. This material supersedes the ma gloves, remove a test specimen from the terial appearing p,t 34 P.R. 13284 of .05 The principal organizational com desiccator and brush its traffic surface with August 15, 1969 and 35 F.R. 473 Of Jan ponents and officers of the Department a gloved hand in such a manner as to raise uary 14, 1970. are established either by statute or Re its pile. Place the specimen on the center of organization Plan, or by the Secretary the floor of the test chamber, traffic surface S ection 1. Purpose. This order sets up, exercising care that the specimen is hori forth the mission, functions, and organi pursuant to the authorities referred to zontal and flat. Place the flattening frame Qn zation of the Department of Commerce. above. The Secretary determines the the specimen and position a methenamine S ec. 2. Mission, functions and author- functions that shall be carried out by the tablet on one of its flat sides in the center ity. .01 The historic mission of the De principal organizational components and of the 20.32 cm. (8 in.) hole. partment is “to foster, promote and de the authorities that shall be exercised by Ignite the tablet by touching a lighted velop the foreign and domestic com the principal officers of the Department. match or an equivalent igniting source care merce” of the United States. This has These normally are prescribed by the fully to its top. If more than two minutes Secretary in Department Organization elapse between the removal of the specimen evolved, as a result of legislative and ad from the desiccator and the ignition of the ministrative additions, to encompass Orders. tablet, the conditioning must be repeated. broadly the responsibility to foster, serve Sec. 3. Organization structure. The Continue each test until one of the follow and promote the Nation’s economic de attached chart depicts the organization ing conditions occur: velopment and technological advance structure of the Department which has (1) The last vestige of flame or glow dis ment. The Department seeks to fulfill been established through Department appears. (This is frequently, accompanied by this mission through : Organization Orders issued for each of a final puff of smoke.) the principal organizational components (2) The flaming or smoldering has ap a. Participating with, other Govern proached within 2.54 cm. (1.0 in.) of the edge ment agencies in the creation of national or officers of the Department. (A copy of of the hole in the flattening frame at any policy, through the President’s Cabinet the organization chart is on file with point. and its subdivisions. original of this document with the Office When all combustion has ceased, ventilate b. Promoting progressive business poli of the Federal Register.) The chart re the hood and measure the shortest distance cies and growth. flects the following general organiza between the edge of the hole in the flatten tional plan for the Department: ing frame and the charred area. Record the c. Assisting States, communities, and distance measured for each specimen. individuals toward economic progress. .01 Office of the Secretary. The Office Remove the specimen from the chamber d. Strengthening the international of the Secretary is the general manage and remove any burn residue from the floor economic position of the United States. ment arm of the Department and of the chamber. Before proceeding to the e. Improving man’s comprehension provides the principal support to the . next test, the floor must be cooled to normal Secretary in formulating policy and in room temperature or replaced with one that and uses of the physical environment and providing advice to the President. It pro is normal room temperature. its oceanic life. vides program leadership for the Depart (e) Report. The number of specimens f. Assuring effective use and growth of ment’s functions and exercises general of the eight tested in which the charred area the Nation’s scientific and technical re does not extend to within 2.54 cm. (1.0 in.) supervision over the operating units. It of the edge of the hole in the flattening frame sources. also directly carries out program func shall be reported. g. Acquiring, analyzing, and dissemi tions as may be assigned by the Secre * (f) Interpretation of results. If the charred nating information concerning the Na tary from time to time, and provides, as area does not extend to within 2.54 cm. tion and the economy to help achieve determined to be more economical or (1.0 in.) of the edge of the hole in the flat increased social and economic benefit. efficient, administrative and other sup tening frame at any point for ■at least seven of .02 The specific functions and pro the eight specimens, the small carpet or rug port services for designated operating meets the acceptance criterion. grams of the Department that make up units. .5 Labeling requirement, (a) If a small these broad activities are authorised by a. The Office of the Secretary consists carpet or rug does not meet the acceptance the Department’s organic act (Act of of the Secretary and the Secretarial Of criterion, it shall, prior to its introduction Feb. 14, 1903, 32 Stat. 825) or by other ficers, designated staff immediately serv into commerce, be permanently labeled, pur legislation. They also include responsi suant to rules and regulations established by ing these officials, and a number of “De bilities transferred from other agencies partmental offices” which have Depart the Federal Trade Commission, with the fol by Presidential Reorganization Plans, as lowing statement: FLAMMABLE ' (FAILS ment-wide functions or perform special TJ.S. DEPARTMENT OF COMMERCE STAND well as responsibilities assigned to the program functions directly on behalf of ARD FF 2-70); SHOULD NOT BE USED Secretary of Commerce or the Depart NEAR SOURCES OF IGNITION. ment by Executive order or other actions are: (b) If a small carpet or rug has had a fire- of the President. The Department’s re retardant treatment or is made of fibers sponsibilities include the Secretary’s as Undersecretary. signed function of coordinating and of Assistant Secretary for Domestic and inte - providing guidance and policy direction national Business. * The vacuum cleaning described is not Assistant Secretary for Economic Affairs. intended to simulate the effects of repeated to the Federal Cochairman of Regional Assistant Secretary for Science and T vacuum cleaning in service. Commissions and to the Chairman of the nology. • ._ 5 If the specimens are moist when received, Federal Field Committee for Develop Assistant Secretary for Economic Deve p permit them to air-dry at laboratory condi ment Planning in Alaska. i l l C U b . tions prior to placement in the oven. A satis .03 Functions (including powers, au Assistant Secretary for Maritime Affairs. factory pre-conditioning procedure may be thorities, duties, and responsibilities) of Assistant Secretary for Tourism. found in ASTM D 1776-67, “Conditioning Assistant Secretary for Administration. the Department of Commerce are by law General Counsel. Textiles and Textile Products for Testing.” vested directly in the Secretary of Com (“1969 Book of ASTM Standards,” Part 24, b. The Under Secretary serves as the published by the American Society for Test merce, except for those vested by the ing and Materials, 1916 Race Street, Phila Administrative Procedure Act in hearing principal deputy of the Secretary delphia, PA 19103). examiners. matters affecting the Department FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1*70 NOTICES 19705 performs continuing and special duties of Commerce in such order as the Sec the blind, and welfare applicants and re as the Secretary may assign from time to retary of Commerce may from time to cipients in accordance with the pro time, including, as may be specified by time prescribe, shall act as Secretary. If visions of the Vocational Rehabilitation the Secretary, the exercise of policy di no such order of succession is in effect Act, as amended; title n of the Social rection and general supervision over op at that time, they shall act as Secretary Security Act, as amended; the Ran- erating units not placed under other in the order in which they shall have dolph-Sheppard Vending Stand Act, as Secretarial Officers. taken office as Assistant Secretaries or amended; Parts B, C, and D of the De c. The Assistant Secretary for Admin General Counsel. velopmental Disabilities Services and istration and the General Counsel are Sec. 5. Designations to perform the Facilities Construction Act; and sections the Secretary’s principal assistants on duties of Secretarial Officers. .01 In the 301 and 303 of the Public Health Service administrative management and legal case of a vacancy in a Secretarial Officer Act. Within the authorities delegated matters, respectively, of the Department. position, and unless otherwise directed to it, the Administration: Establishes d. The other Secretarial Officers (re by the President, the Secretary will des program goals and objectives; develops ferred to as Program Secretarial Offi ignate an individual to perform the duties standards, program policies, criteria, and cers) are the Secretary’s principal as of the position. guidelines; provides professional consul sistants on program matters, each being .02 In the absence of the Deputy As tation to the regional offices’ staff and responsible for a particular program sistant Secretary designated by the Sec assists them in the guidance and leader area of the Department. This respon retary to regularly serve for an Assistant ship of State and local organizations; sibility may include exercising policy Secretary during the latter’s absence, collaborates in the conduct of research direction and general supervision over each Secretarial Officer is hereby au and demonstration programs to evolve prescribed operating units charged with thorized to designate an official or offi new approaches toward more meaning carrying out programs, or, instead, serv cials who report directly to him or who ful lives for the handicapped; directs ing as the head of a primary operating are in some line of authority under his and promotes a training program to pro unit. Ü < -;■ jurisdiction, to serve for him in his ab vide skilled manpower for working with .02 Operating Units, a. The operating sence, and to perform the duties of the those who are handicapped or disabled; units of the Department are organiza respective Secretarial Officer not incon serves as a clearinghouse for informa tional entities outside the Office of the sistent with the provisions of any law. tion related to the problems of the han Secretary charged with carrying out This authority shall not include matters dicapped ; maintains relationships with a specified substantive functions (i.e. pro in which the personal signature of a variety of Federal, State, and local or grams) of the Department. The heads of Secretarial Officer is required under spe ganizations who serve or have an im some operating units are Program Sec cific law, order, or regulation. pact upon the handicapped; evaluates retarial Officers; in other cases, they are Sec. 6. Updating Department Organi progress in meeting the needs of the separate officers who report and litre re zation Chart. As organizational changes handicapped and takes action to pro sponsible to a Program Secretarial Offi are made affecting the organization chart mote improvement; stimulates national cer or directly to the Secretary or Under attached to this order, the Assistant Sec action and recommends solution for the Secretary, as may be designated. The retary for Administration shall issue removal of architectural barriers; con operating units constitute the com from time to time, over his signature, an ducts administrative management, the ponents of the Department through updated chart replacing the attachment. review and preparation of legislative and which most of its substantive functions Effective date: December 15,1970. administrative actions affecting agency are carried out. programs and services, and public infor b. For Departmental management Larry A. Jobe, mation operations; and coordinates its purposes, each operating unit is desig Assistant Secretary activities and programs with other con nated as being in one of the following for Administration. cerned SRS organizations. The Reha two classes: [F.R. Doc. 70-i7411; Filed, Dec. 28, 1970; bilitation Services Administration has 1. Primary operating units are organi 8:45 a.m.] assigned functional responsibilities to zations assigned broad substantive func various offices and divisions as follows: tions of the Department. The Secretar Office of Planning and Policy Develop delegates directly to the heads of thes ment. Provides leadership, under the units the authority necessary to carr DEPARTMENT OF HEALTH, Commissioner, in policy formulation, out the functions of their units. Thus, th program planning and program budget heads of primary operating units con EDUCATION, AND WELFARE ing for the agency. Designs and directs statute the operating general manager evaluation activities of all agency pro of the Department. Office of the Secretary grams and provides liaison and coordi 2. Constituent operating units are or REHABILITATION SERVICES nation of agency inputs to the rehabilita gamzations assigned limited substantiv ADMINISTRATION tion and habilitation aspects of the SRS junctions or support functions for desig research and demonstration program. nated operating units. Heads of constitu Statement of Organization, Functions Provides direction in overall program ent operating units may receive delega and Delegations of Authority planning, program budgeting, provision tions of authority directly from the Sec of information needs of the agency, co i,J^ry’ or carry out these responsibilitie Part 7 of the Statement of Organiza ordination of agency programs and de under authorities delegated directly t tion, Functions, and Delegations of Au velopment of legislative initiatives. Con i£>tt ,rek?fial Officer and subject to th thority for the Department of Health, ducts policy and legislative analyses and tatters direct supervision. Education, and Welfare (34 F.R. 1279, gives direction to the formulation of °fficers designated to perforr Jan. 25, 1969, as amended) is hereby agency goals and regulations. it I the Secretary. By law (1 further amended to reflect the reorgani Division of Special Populations. Pro f ‘ ‘ • 1883 ^ the Under Secretary per zation of the Rehabilitation Services Ad vides opportunities and mechanisms for the duties of the Secretary o ministration. For such purposes, section the full development of projects, pro ^ommerce in case of absence, sicknesi 7-B is amended as follows: grams and services for individuals and Ev7nnf0r ^esi§nation Of the Secretary By striking out all that follows under groups who suffer from specific disabil inJ »» ° rder 11338 Provides that dur the heading “Rehabilitation Services Ad ities or who share common conditions or when by reasons of ab ministration” and inserting in lieu characteristics, medical or otherwise, thereof the following: neitherd«^bolty’ i°r vacan cy in office which permit categorical identification. the TTnihe ®ecretai7 °f Commerce no Provides leadership in the planning, Reviews project grant applications as as avaiinhife+ Secrefary of Commerce i development and coordination of those signed to the Division of Special Popu form ^°,.exerc*se the Powers or per SRS programs which provide services lations, in accordance with agency an Asskta^t1^ of the offlce °f Secretarj for the handicapped, including disabled guidelines, appropriate evaluative cri the Gpnp^V' ®ecretary of Commerce o social security applicants and benefi teria, and central-regional office re General Counsel of the Departmen ciaries, the developmentally disabled, sponsibilities. Assumes leadership for the FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19706 NOTICES achievement of agency missions as as leading to the establishment and im grams. Encourages the development of signed by the Commissioner on the basis provement of service delivery mechan innovative instructional materials and of the division’s particular expertise. isms which are responsive to agency methods. Plans and conducts short-term Provides leadership, and consultation to client needs. Reviews project grant ap training courses for the purpose of gen regional offices, State agencies, and plications as assigned to the Division of erating new knowledge in program areas grantees in- the development and expan Service Systems, in accordance with of high priority to the department and sion of rehabilitation programs and agency guidelines, appropriate evaluative the agency. services for all disability groups, includ criteria, and central-regional office re Division of Planning and Management ing alcoholics, drug addicts, arthritics, sponsibilities. Assumes leadership for the Assistance. Provides nonfinancial tech epileptics, the blind, heart, cancer and achievement of agency missions assigned nical support and assistance to regional stroke victims, those suffering com by the Commissioner on the basis of the offices, State agencies and other grantees munication disorders, etc. Develops division’s particular expertise. Develops across agency programs. Develops plan and implements program strategies comprehensive agency programs, designs ning and management procedures and and approaches to reach public as and models, and prepares manual chap methods of common application and im sistance recipients and the disabled ters and standards to facilitate improved plements such systems leading to im residents of target poverty communities client service and to coordinate public provement in overall program perform (e.g. migratory agricultural workers). and private programs. Assists the Divi ance and goal achievement. Provides Within assigned area of responsibility, sion of Planning and Management As leadership in development of planning, collaborates with the Office of Planning sistance in developing a program of tech operations, and management tools and and Policy Development and other ap nical consulation and assistance to other methods to serve State agency and other propriate agency staff in the development departments, regional offices, State agen grantee programs. With the assistance of of guidelines, manual issuances and other' cies, and other grantees to accomplish the divisions concerned with program devel directives for existing programs serving Division mission. Provides leadership in opment, designs and provides consulta various disability groups and for those the development of new projects with in tive assistance in implementation of new programs mandated by legislative dustry under the legislative mandate program techniques through manual amendment such as vocational educa and promotes employer interest in hiring chapter instructions, guide materials, tion and juvenile delinquency. Develops the handicapped. Collaborates with the and on-site visits. Provides staff support appropriate methods to facilitate client Office of Planning and Policy Develop and assistance to facilitate decentrali participation in the formulation of pro ment in deveolpment of demonstration zation of agency functions in cooperation gram objectives within the agency and at programs to test concepts in community with field operations staff. Evaluates and the State agency and other grantee level. multiservice delivery, linkage develop assists State agencies in the development Division of Developmental Disabilities. ment, and special purpose centers. Pre of comprehensive State plans and plan Provides leadership, coordination, and pares pertinent inputs to the manage ning activities, both short and long guidance for agency programs applicable ment information system maintained by term. to individuals with mental retardation the Division of Monitoring and Program Division of Monitoring and Program and other developmental disabilities. Analysis. Provides consultative assistance Analysis. Develops and applies evaluative Provides guidelines for and assists aca in the architectural aspects and design tools and indicators for the purpose of demic institutions, State agencies and of public and nonprofit facilities provided measuring SÎàte agency and other local community organizations in the for the diagnosis, treatment, education, grantee program performance. Makes ap planning, administration, and delivery vocational training, care, and provision propriate recommendations and reports of services, construction of facilities, and of maintenance services for the disabled. leading to program changes, policy de in the operation and improvement of Within assigned area of responsibility, cisions, and legislative amendments. De resources for the developmentally dis collaborates with the Office of Planning signs and maintains information systems abled through the use of specialized or and Policy Development and other ap needed for management and program the special adaptation of generic services propriate agency staff in the development decisionmaking. Conducts statistical directed toward the alleviation of a de of guidelines, manual issuances and other analysis and studies of individuals com velopmental disability or toward the so directives for existing and new programs prising the handicapped population and cial, personal, physical, or economic for the support of service delivery system. State agency program operations. Devel habilitation or rehabilitation of an in Division of Manpower Development. ops and implements a program monitor dividual affected by such a disability. Provides and expands training opportu ing system of all agency financial oper Provides a central point for information nities and materials for professional, ations and services. Conducts analyses, on developmental disabilities programs technical, and subprofessional persons to makes reports and appropriate recom and services. Reviews State plans and meet the manpower requirements of mendations concerning State agency and project grant applications as assigned to State and other agencies responsible for other grantee program performance and the Division of Developmental Disabili providing rehabilitation and habilitation goal achievement, including the Pro ties, in accordance with agency guide services. Reviews project grant applica gram Administrative Review (PAR). lines, appropriate evaluative criteria, and tions as assigned to the Division of Man Conducts on-site evaluations and investi central regional office responsibilities. power Development, in accordance with gations of State agency programs and Provides leadership and consultation to agency guidelines, appropriate evaluative other grantee operations, including Re regional offices, State agencies and other criteria, and central-régional office re search and Training Centers, university grantees in the development and expan sponsibilities. Assumes leadership for the sponsored training programs, etc. Maxes sion of programs and services for the achievement of agency missions as as recommendations to up-grade and im developmentally disabled. Within as signed by the Commissioner on the basis prove the agency data base and informa signed area of responsibility, collaborates of the division’s particular expertise. De tion systems. Provides leadership in con with the Office of Planning and Policy velops guidelines and analytic procedures ducting decision analyses and review o Development and other appropriate to measure the need for and progress in the essential data requirements of tn agency staff in the development of guide the training of all manpower training agency leading to the design of manag - lines, manual issuances and other direc programs financed under agency appro ment information. systems. Collaborât tives for existing and new programs priations. Works with State agencies and with component agencies of SRS and t serving those with developmental dis the Division of Planning and Manage department in the development of data abilities. Assists the Division of Planning ment Assistance to assess requirements systems to meet the needs of other c - and Management Assistance in the and develop plans and programs for reau executives and administrators, r - development of comprehensive State training professional and paraprofes- vides direction in the administration an agency planning methods and procedures sional staff to meet manpower needs in implementation of the agency program which embrace services and programs agency supported programs. Stimulates of data reduction, factor analysis a for the developmentally disabled. grarft applications from educational and statistical reporting. Prepares data re Division of Service Systems. Develops other institutions. Prepares and dis ports and publications for various and supports the introduction of program seminates guidance materials for volun approaches, techniques and methods teers to serve in agency sponsored pro partments, State agencies, and other us FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 NOTICES 19707 groups, in cooperation with public in and long term program financial plan Attorney General to render his opinion as to ning methods. the validity of the title to any real property formation staff. or interest therein, or may request the advice Division of Grant Administration. Pro Dated: December 19, 1970. or assistance of the Attorney General in vides grant administration and technical connection with determinations as to the support services in financial management E lliot L. R ichardson, sufficiency of titles. Secretary. within RSA and to regional offices, State This 2d day of October 1970. agencies, and other grantees across all [F.R. Doc. 70-17447; Filed, Dec. 28, 1970; agency programs. Consolidates the ad 8:48 a.m.] Shiro Kashiwa, ministration of agency grant programs. Assistant Attorney General, Land Assists the Budget Division in the formu and Natural Resources Division. lation, justification and execution of the The above authority was delegated to the legislative budget, including the budg DEPARTMENT OF General Counsel of the Department of etary call for estimates from State agen Transportation by Amendment 1-41 to Part cies. In cooperation with the Division of 1 of Title 49, Code of Federal Regulations, Planning and Management Assistance, TRANSPORTATION 35 F.R. 17658, November 17, 1970. provides financial consultative support Federal Aviation Administration Finally, the authority was delegated to to regional offices, State agencies, and the Chief Counsels of the operating ad other grantees, including preparation of REGEONAL COUNSELS AND CENTER ministrations of the Department of pertinent manual chapters, forms, and COUNSELS Transportation, including the Federal other assistance. Applies statutory for Notice of Redefegation of Authority Aviation Administration (35 F.R. 18412, mulae for allotment of funds across all Dec. 3, 1970). agency appropriations. Makes analyses To Approve Sufficiency of Title to In consideration of the foregoing and of and coordinates all audit reports and Land pursuant to the authority delegated to negotiates audit exceptions for the Section 355 of the Revised Statutes, as me as the chief counsel of the Federal agency. Monitors the accuracy and time amended by Public Law 91-393, 84 Stat. Aviation Administration by the General liness of State agency and other grantee 835 (40 U.S.C. 255) authorizes the Attor Counsel of the Department of Trans fiscal reports and financial data. Designs ney General to delegate to other de portation, the Regional Counsels and and develops systems for processing pro partments and agencies his authority to Center Counsels of the Federal Aviation gram financial data and reports with give written approval of the sufficiency Administration are hereby authorized to the assistance of the Division of Moni of the title to land being acquired by the approve the sufficiency of the title to toring and Program Analysis. Develops United States. The Attorney General has land being acquired by purchase or con and interprets administrative and fiscal delegated to the Assistant Attorney Gen demnation by the United States for the policies and procedures governing the use eral in charge of the Land and Natural use of the Federal Aviation Administra of grant funds including the cost prin Resources Division the authority to make tion. This delegation is subject to the ciples to be applied in the preparation of delegations under that law to other limitations imposed by the Assistant At grant applications and budgets. Makes Federal departments and agencies (35 torney General, Land and Natural Re special studies of problem areas in the F*Ji. 16084; 28 CFR 0.66). The Assistant sources Division, in his delegation to the application of fiscal management policies, Attorney General, Land and Natural Re Department of Transportation. Redele procedures and standards. Prepares uni sources Division, has further delegated gations of this authority may only be form terminology standards of policies certain responsibilities in connection made by the Regional Counsels and Cen and procedures for grants administration ■with the approval of the sufficiency of the ter Counsels to one attorney within their and fiscal management. In support of title to land to the Department of respective staffs. the Office of Planning and Policy Devel Transportation as follows: opment, reviews new legislation and leg Issued in Washington, D.C., on Decem islative proposals relating to grants to Delegation to the Department op Trans ber 22,1970. portation for the Approval of the T itle determine their conformance with estab to Lands Being Acquired for F ederal G eorge U. Carneal, Jr., lished grant policies and recommends P ublic P urposes / General Counsel. policy revisions when necessary. Under Pursuant to the provisions of Public Law [F.R. Doc. 70-17483; Filed, Dec. 28, 1970; the coordination of the Office of Plan 91-393, approved September 1, 1970. 84 Stat. 8:51 a.m.] ning and Policy Development, establishes 835, amending R.S. 355 (40 U.S.C. 255), and and maintains working relationships with acting under the provisions of Order No. other Federal agencies, grantee institu 440-70 of the Attorney General, dated Octo STATE OF KENTUCKY tions and State agencies in order to de ber 2,1970, the responsibility for the approval velop and coordinate grant policies and of the sufficiency of the title to land for the Notice of Transfer of Jurisdiction procedures. Establishes and maintains purpose for which the property is being ac Relative to FAA Activities proper fiscal management, including the quired by purchase or condemnation by the United States for the use of your Department Notice is hereby given that on or about accountability of funds, for grant pro is, subject to the general supervision of the January 1,1971, administrative and pro grams administered by RSA which are Attorney General and to the following gram responsibility for all FAA field delegated to Regional Offices. conditions, hereby delegated to your offices and facilities in the State of Ken Budget Division. Provides budgetary Department. tucky will be transferred from the juris ervices and assistance to the agency and This delegation of authority is further diction of the FAA Eastern Region Area maintains associated liaison services with subject to: 1. Compliance with the regulations issued Office at Cleveland, Ohio, to the FAA and SRS-In conjunction by the Assistant Attorney General on Oc Southern Region at Atlanta, Ga. witn the Division of Grant Administra tober 2, 1970, a copy of which is enclosed. All services in the State of Kentucky tion and in cooperation with the Office 2. This delegation is limited to: related to air traffic control, airspace nfVli;ann*ng and Policy Development and (a) The acquisition of land for which the procedures, flight service activities, o ner Program units, formulates, justi- title evidence, prepared in compliance with maintenance of air navigation facilities, p ’ ®x®cutes the legislative budget. these regulations, consists of a certificate of general aviation, and airport activities, 2 3 2 5 technical assistance in ensuring title, title insurance policy, or an owner’s and other allied services will be fur aw ®rïlenteti°n of departmental budget- duplicate Torrens certificate of title. nished by the FAA Southern Region. All Assists the Division of (b) The acquisition of lands valued at $100,000 or less, for which the title evidence air traffic control towers, flight service finanMoi(*min*s*'ra^ 0n Preparation of consists of abstracts of title or other types stations, airway facilities sectors and the adoDhnrî ^ orts and summaries, and of title evidence prepared in compliance with general aviation district office will come analvSfn f iniproved internal financial said regulations. under the jurisdiction of the FAA South erat!?^S 0 No. 251- FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19708 NOTICES Director, Southern Region, Federal Avia Dated at Bethesda, Md., this 18th day dated June 2, 1969, for a license to oper tion Administration, Department of Trans of December 1970. portation, Post Office Box 20636, Atlanta, GA ate a three-unit nuclear power plant at 30320. For the Atomic Energy Commission. its Oconee Nuclear Power Station located in eastern Oconee County, S.C. The following counties in Kentucky Lyall J ohnson, The nuclear power plant consists of which had been rendered general avia Acting Director, three pressurized water reactors, desig tion services by the General Aviation Division of Materials Licensing. nated by the applicant as the Oconee District Office, Cincinnati, Ohio, will now [F.R. Doc. 70-17435; Filed, Dec. 28, 1970; Nuclear Station Units 1, 2, and 3, each of be furnished these services by the Gen 8:48 a.m.] which is designed for initial operation at eral Aviation District Office, Louisville, approximately 2,658 thermal megawatts Ky.: Boone, Bracken, Campbell, Carter, with a net electrical output of approxi Elliott, Fleming, Grant, Greenup, Ken [Docket No. 50-293] mately 886 megawatts. ton, Lewis, Mason, Pendleton, Robertson, Pursuant to subsection 105c.(3) of the and Rowan counties. All other counties BOSTON EDISON CO. Act, any person who intervened or who in the State of Kentucky will continue Notice of Receipt of Application for sought by timely written notice to the to be serviced by the General Aviation Commission to intervene in the construc District Office, Louisville, Ky. Facility Operating License tion permit proceedings for these facili Airport aid and development matters Please take notice that Boston Edison ties to obtain a determination of antitrust for the State of Kentucky which had Co., 800 Boylston Street, Boston, MA considerations or to advance a jurisdic been handled by the FAA Cleveland Area 02199, pursuant to section 104b. of the tional basis for such determination has Office will now come under the jurisdic Atomic Energy Act of 1954, as amended the right to obtain an antitrust review tion of the FAA Southern Region Area (the Act), has filed an application, in under section 105c. of the Act, of the Office at Memphis, Tenn. Correspond the form of a final safety analysis re application for an operating license for ence and inquiries after January 1, 1971, port, dated January 5, 1970, for a li these facilities, upon written request to relating to airports matters shall be cense to operate a nuclear power reactor the Commission made within 25 days addressed to: at its site in Plymouth, Mass. after the date of publication of this Manager, Area Office, Federal Aviation Ad The nuclear power reactor is a boiling notice, which is the .initial publication ministration, Department of Transportation, water reactor, designated by the appli pursuant to subsection 105c.(3) of the Post Office Box 18007, Memphis TN 38118. cant as the Pilgrim Station, designed Atomic Energy Act of 1954, as amended. (Sec. 313(a), Federal Aviation Act of 1958, for initial operation at approximately (Sec. 105c.(3), 84 Stat. 1472; 42 U.S.C. as amended; 49 U.S.C. 1354) 1,998 thermal megawatts with a net elec 2135(c)(3)) Issued in Washington, D.C., on Decem trical output of approximately 654 Dated at Bethesda, Md., this 23d day ber 21, 1970. megawatts. of December 1970. Pursuant to subsection 105c.(3) of the J ohn H. S haffer, Act, any person who intervened or who For the Atomic Energy Commission. Administrator. sought by timely written notice to the P eter A. Morris, [F.R. Doc. 70-17484; Filed, Dec. 28, 1970; Commission to intervene in the con Director, 8:51 a.m.] struction permit proceedings for the Division of Reactor Licensing. facility to obtain a determination of [F.R. Doc. 70-17439; Filed, Dec. 28, 1970; antitrust considerations or to advance 8:47 ajn.] a jurisdictional b^isis for such determi nation has the right to obtain an anti ATOMIC ENERGY COMMISSION trust review under section 105c. of the [Docket No. 50-309] [Docket No. 50-332] Atomic Energy Act, of the application MAINE YANKEE ATOMIC POWER CO. ALLIED-GULF NUCLEAR SERVICES for an operating license for this facility upon written request to the Commission Notice of Receipt of Application for ET AL. made within 25 days after the date of Facility Operating License publication of this notice, which is the Notice of Issuance of Construction Please take notice that Maine Yankee Permit initial publication pursuant to subsection I05c.(3) of the Atomic Engery Act of Atomic Power Co., 9 Green Street, Augus Notice is hereby given that, pursuant 1954, as amended. ta, ME 04330, pursuant to section 104b. to the Initial Decision of the Atomic of the Atomic Energy Act of 1954, as (Sec. 105c.(3), 84 Stat. 1472; 42 U.S.C. 2135(c) amended (the Act) has filed an applica Safety and Licensing Board, dated De (3)) cember 18, 1970, the Acting Director of tion, in the form of a final safety analysis the Division of Materials Licensing has Dated at Bethesda, Md., this 23d day report, dated August 31, 1970, for a issued Construction Permit No. CPCSF- of December 1970. license to operate a nuclear power reactor at its site located in Lincoln 4 to Allied-Gulf Nuclear Services, Allied For the Atomic Energy Commission. Chemical Nuclear Products, Inc., and County, Maine. Gulf Energy & Environmental Systems, P eter A, Morris, The nuclear power reactor is a pressur Inc., for the construction of a fuel re Director, ized water reactor, designated by the processing plant. The facility, known as Division of Reactor Licensing. applicant as the Maine Yankee Atomic [F.R. Doc. 70-17438; Filed, Dec. 28, 1970; Power Station, designed for initial opera the Barnwell Nuclear Fuel Plant, will tion at approximately 2,440 thermal be located at the applicant’s site in Barn 8:47 a.m .] well County, S.C., located about 7 miles megawatts with a net electrical output west of the town of Barnwell. of approximately 790 megawatts. [Dockets Nos. 50-269,50-270, and 50-287] Pursuant to subsection 105c.(3) of the A copy of the Initial Decision is on file Act, any person who intervened or sought in the Commission’s Public Document DUKE POWER CO. by timely written notice to the Commis sion to intervene in the construction Room, 1717 H. Street NW., Washington, Notice of Receipt of Application for permit proceedings for the facility to ob DC. Copies of Construction Permit No. Facility Operating License CPCSF-4 are also on file in the Commis tain a determination of antitrust con siderations or to advance a jurisdictional sion’s Public Document Room or may be Please take notice that Duke Power Co., 422 South Church Street, Charlotte, NC basis for such determination has tne obtained upon request addressed to Di 28201, pursuant to section 104b. of the right to obtain an antitrust review under rector, Division of Materials Licensing, Atomic Energy Act of 1954, as amended, section 105c. of the Atomic Energy Ac , U.S. Atomic Engery Commission, Wash (the Act) has filed an application, in the of the application for an operating uceIr ington, D.C. 20545. form of a final safety analysis report, for this facility, upon written request to FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 NOTICES 19709 the Commission made within 25 days [Docket No. 50-271] agreement, which has been assigned the after the date of publication of this no VERMONT YANKEE NUCLEAR POWER above-designated CAB Agreement num tice, which is the initial publication pur ber, was adopted by the 10th Meeting of suant to subsection 105c.(3), of the CORP. the Joint Specific Commodity Rates Atomic Energy Act of 1954, as amended. Notice of Receipt of Application for Board held in Montreal, October 27 through 31,1970; (Sec. 105c. (3) 84 Stat. 1472; 42 USC 2135(c) Facility Operating License As it applies in air transportation, the (3)) Please take notice that Vermont Yan agreement is essentially limited to mat Dated at Bethesda, Md., this 23d day kee Nuclear Power Corp., 77 Grove Street, ters relating to transpacific specific com of December 1970. Rutland, VT 05701, pursuant to section modity rates.1 Certain specific commodity For the Atomic Energy Commission. 104b. of the Atomic Energy Act of 1954, rates, previously approved by the Board as amended (the Act) has filed an ap for application on transpacific routes P eter A. Morris, plication, in the form of a final safety and implemented since the 9th Meeting Director, analysis report, dated January 5, 1970, of the Joint Specific Commodity Rates Division of Reactor Licensing. for a license to operate a nuclear power Board (held in Geneva, Apr. 8 through [F.R. Doc. 70-17440; Filed, Dec. 28, 1970; reactor at its site in Vernon, Vt; 13, 1970), would be extended for a fur 8:47 a.m.] The power reactor is a boiling water ther period of effectiveness. Additionally, reactor, designated by the applicant as the agreement names several rates to [Dockets Nos. 50-277 and 50-278] the Vermont Yankee Nuclear Station, added points and cancels others under designed for initial operation at approx existing commodity descriptions, reduces PHILADELPHIA ELECTRIC CO. imately 1,593 thermal megawatts with a a limited number of currently applicable net electrical output of approximately rates, and proposes reduced rates under Notice of Receipt of Application for 513 megawatts. new commodity descriptions; and these Facility Operating License Pursuant to subsection 105c.(3) of the are set forth in the attachment hereto.* Please take notice that Phildelphia Act, any person who intervened or who Pursuant to authority duly delegated Electric Co., 1000 Chestnut Street, Phila sought by timely written notice to the by the Board in the Board’s regulations, delphia, PA 19105, pursuant to section Commission to intervene in the construc 14 CFR 385.14, it is not found, on a ten 104b. of the Atomic Energy Act of 1954, tion permit proceedings for the facility to tative basis, that the subject agreement as amended (the Act), has filed an appli obtain a determination of antitrust con is adverse to the public interest or in cation, in the form of a final safety siderations or to advance a jurisdictional violation of the Act, provided that ap analysis report, dated August 31,1970, for basis for such determination has the proval thereof is conditioned as herein a license to operate two nuclear power right to obtain an antitrust review under after ordered. reactors at its Peach Bottom Atomic section 105c. of the Act, of the applica Accordingly, it is ordered, That; Power Station located in Peach Bottom tion for an operating license for this Action on Agreement CAB 22096 be Township, Pa. facility, upon written request to the and hereby is deferred with a view to The nuclear power reactors are boil Commission made within 25 days after ward eventual approval: Provided, That ing water reactors, designated by the ap the date of publication of this notice, approval shall not constitute approval of plicant as Peach Bottom Atomic Power which is the initial publication pursuant the specific commodity descriptions con Station Units No. 2 and No. 3, each of to subsection 105c.(S) of the Atomic tained therein for purposes of tariff pub which is designed for initial operation at Energy Act of 1954, as amended. lication: Provided further, That, insofar approximately 3,293 thermal megawatts (Sec. 105c.(3)r 84 Stat. 1472; 42 UJS.O. 2135 as air transportation as defined by the with a net electrical output of approxi (c)(3)) Act is concerned, tariff filings shall not mately 1,098 megawatts. Dated at Bethesda, Md., this 23d day be made to implement the agreement Pursuant to subsection 105c.(3) of the prior to eventual approval, and such Act, any person who intervened or who of December 1970. sought by timely written notice to the For the Atomic Energy Commission. tariff filings shall be marked to become Commission to intervene in the construc effective on not less than 30 days’ notice P eter A. Morris, from the date of filing. tion permit proceedings for these, facili Director, ties to obtain a determination of anti Division of Reactor Licensing. Persons entitled to petition the Board trust considerations or to advance a for review of this order, pursuant to the jurisdictional basis for such determina [FA. Doc. 70-17442; Filed, Dec. 28, 1970; 8:47 a.m.] Board’s economic regulations, 14 CFR tion has the right to obtain an antitrust 385.50, may, within 10 days after the review under section 105c. of the Atomic date of service of this order, file such Energy Act, of the application for an '[Docket No. 20993; Order 70-12-124] petitions in support of or in opposition operating license for these facilities, to our proposed action herein. upon written request to the Commission made within 25 days after the date of CIVIL AERONAUTICS BOARD This order will be published in the publication of this notice, which is the INTERNATIONAL AIR TRANSPORT F ederal R egister. initial publication pursuant to subsection ASSOCIATION [seal] H arry J. Zin k , 105c.(3) of the Atomic Energy Act of Secretary. 1954, as amended. Order Regarding Specific Commodify [F.R. Doc. 70-17465; Filed, Dec. 28, 1970; Rales 8:50 a.m.] i^woA050'^3)* 84 Stat- 1472; 42 USO 2135 Issued under delegated authority, De cember 21, 1970. 1 Matters relating to the North Atlantic Dated at Bethesda, Md., this 23d day An agreement has been filed with the specific commodity rate structure were de of December 1970. Board pursuant to section 412(a) of the ferred to the next meeting of the Joint Spe For the Atomic Energy Commission. Federal Aviation Act of 1958 (the Act) cific Commodity Rates Board, with currently and Part 261 of the Board’s economic effective rates to continue at the status quo. P eter A. Morris, regulations, between various air carriers, However, the North Atlantic description for . Director, foreign air carriers, and other carriers, commodity item number 3405 would be Division of Reactor Licensing., amended to read “Stoves and Ranges, Pans, embodied in the resolutions of the Joint Kettles, and Baking Tins, Complete Fondue Doc. 70-17441; Filed, Dec. 28, 1970; Conferences of the International Air Sets, Spatulas, Not Electrically Operated.” 8:47 a.m.] Transport Association (IATA). The * Filed as part of the original document. FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19710 NOTICES [Docket No. 20993; Order 70-12-125] This order will be published in the To support their alternative request INTERNATIONAL AIR TRANSPORT F ederal R egister. for approval of the transaction pursuant ASSOCIATION [seal] H arry J. Zink , to section 408(b) of the Act, the appli Secretary. cants state that the sale clearly will not Order Regarding Specific Commodity result in an undesirable combination, re [P.R. Doc. 70-17466; Piled, Dec. 28, 1970; Rates straint on competition, or conflict of in 8:50 a.m.] terest; nor will it affect the control of a Issued under delegated authority direct air carrier or result in the creation December 21, 1970. [Docket No. 22576; Order 70-12-131] of a monopoly. The applicants also state An agreement has been filed with the that the sale and lease-back will Board pursuant to section 412(a) of the FLYING TIGER AIR SERVICES, INC., enhance ONA’s cash flow and operating Federal Aviation Act of 1958 (the Act) capital and will result in marked im and Part 261 of the Board’s economic AND OVERSEAS NATIONAL AIR WAYS, INC. provement in ONA’s balance sheet by dis regulations, between various air carriers, proportionately reducing the company’s foreign air carriers, and other carriers, Order of Tentative Approval senior long-term debt through the appli embodied in the resolutions of Traffic cation of its equity in the aircraft to the Conference 1 of the International Air Adopted by thè Civil Aeronautics debt. For these reasons the applicants Transport Association (IATA). The Board at its office in Washington, D.C., believe approval of the transaction to be agreement, which has' been assigned the on the 22d day of December 1970. in the public interest. above-designated CAB Agreement num By joint application filed September 21, No comments in opposition to ap ber, was adopted by the 27th Meeting 1970,1 Flying Tiger Air Services, Inc. proval of the application have been of the TCI Specific Commodity Rates (Services) and Overseas National Air received. Board held in Montreal, October 26 and ways, Inc. (ONA) request the Board to As heretofore noted, Services is a 27, 1970. (1) disclaim jurisdiction over the sale wholly owned subsidiary of FTL. In ap The agreement proposes revisions to and lease-back transaction more fully de proving the establishment of Services by the specific commodity rate structure scribed below or, in the alternative, (2) FTL pursuant to section 408 of the Act,4 currently applicable within the Western approve the sale transaction without the Board considered the specific pro Hemisphere. As applicable in air trans hearing, pursuant to section 408(b) of posed activities of the former, none of portation, and as reflected in the attach the Federal Aviation Act of 1958, as which included the ownership and leas ment hereto, these revisions include amended, (the Act) and consider the ing of air carrier type aircraft, and noted reduced rates under new commodity de ■ lease-back transaction as within the ex that if Services confined its activities to scriptions, the addition of several rates emption from section 408 provided by those described, approval of the relation to added points and the cancellation of Part 299 of the Board’s economic regula ships would not be inconsistent with the other rates under existing commodity tions (14 CFR 299). public interest.® In light of this limited descriptions, and increases in the ma The subject of the sale and the lease approval, it appears that Services may jority of remaining rates currently back arrangement is one DC-8-63F air not without prior Board approval legally effective.1 craft presently owned and operated by engage in the aircraft ownership and Pursuant to authority duly delegated ONA, which ONA will sell for $9,250,000 leasing activities contemplated by the by the Board in the Board’s economic to Services, a wholly owned subsidiary of transaction discussed herein. See Trans regulations, 14 CFR 385.14, it is not The Flying Tiger Line, Inc. (FTL).2 continental and W. A. Inc., Further found, on a tentative basis, that the Services will pay $100,000 as a down pay Control by Hughes Tool, 9 CAB 381, 382 subject agreement is adverse to the pub ment and execute an unconditional (1948). The Board has been informed, lic interest or in violation of the Act, promissory note, payable by April 1,1971, however, that Services will act merely provided that approval thereof is condi in the amount of $9,150,000, bearing in as a conduit for the ultimate purchase tioned as hereinafter ordered. — terest at the rate of 1 percent above the and ownership of the aircraft in ques Accordingly, it is ordered, That: prime rate established by the Chase tion, subject to prior Board approval, by Action on Agreement CAB 22097 be Manhattan Bank of New York. ONA will Tiger Leasing Corp. (Tiger Leasing) , a and hereby is deferred with a view to retain a security interest in the aircraft subsidiary of FTL’s parent, The Flying ward eventual approval, provided that as security for the note. Tiger Corp. (FTC); and that, for the approval shall not constitute approval Contemporaneously with the execu present, the acquisition by Services is of the specific commodity descriptions tion of the sale transaction, Services and merely a paper transaction. An applica contained therein for purposes of tariff ONA will enter into an agreement under tion for approval of control relationships publication: Provided further, That, in which ONA will lease the aircraft for an involving FTC and Tiger Leasing is cur sofar as air transportation as defined initial term of 36 months, for a rental rently pending in Docket 22768. by the Act is concerned, tariff filings of $135,000 per month. The lease will Under normal circumstances the Board shall not be made to implement the contain options to extend the term would be disposed to disclaim jurisdic agreement prior to eventual approval, thereof for a 13-month and for two 12- tion pursuant to section 408 of the Act and such tariff filings shall be marked month periods with rental payments of over the sale transaction on the ground to become effective on not less than 30 $145,000 per month. that the one aircraft involves the days’ notice from the date of filing. In support of their request for a dis acquisition of only slightly more than Persons entitled to petition the Board claimer of jurisdiction, the joint appli 10 percent of ONA’s total lift capac- for review of this order, pursuant to the cants submit that the one DC-8-63 air city.® However, because of the limited Board’s economic regulations, 14 CFR craft does not constitute a substantial approval granted FTL’s acquisition oi 385.50, may, within 10 days after the part of the properties of ONA within the Services, we have decided to assume ju date of service of this order, file such meaning of section 408(a) (2) of the risdiction over the transaction. To do petitions in support of or in opposition Act.4 to our proposed action herein. 4 See footnote 2, supra. 5 According to the application in that pr 1 An across-the-board increase in south 1As supplemented Oct. 21, Nov. 17, and eceding, Services anticipated engaging bound specific commodity rates (from the Dec. 16, 1970. the operation of aircraft in contract, no - United States to Panama and countries on 8 Control relationships between FTL and common air carriage of cargo and personn the mainland of South America except Services were approved by Order E-24030, for governmental and commercial or£>an^ Venezuela) by 5 percent, rounded up to the Aug. 2,1966. tions overseas; the operation of ground Pr P" next highest, cent, is encompassed in the 8 In this respect the applicants indicate erties and equipment; and the perforxnan subject agreement; however, the Board by that the one DC-8-63 constitutes less than of ground services in support of its own Order 70-12-87, dated Dec. 15, 1970, has 10 percent in number (5.5 percent), less operations or the air operations of otner • already approved these increases, and these than 10 percent of the market value (9.9 «See, e.g., Allegheny Airlines, Inc., u are therefore not included in the attachment percent), and slightly more than 10 percent 70-11-14, Nov. 4, 1970; Frontier Airlines, in^ which is filed as part of the original (11.6 percent) ‘of the total lift capacity of Order 70-11-13, Nov. 4, 1970; and Bram document. ONA’s aircraft. Airways, Inc., Order 70-11-140, Nov. 27, FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 NOTICES 19711 otherwise would tend to indicate accept [Docket No. 22812; Order 70-12-108] The Postmaster General states that ance, without prior Board approval, of MANCHESTER AVIATION CO.r INC. circumstances beyond the control of the the engagement by Services in activities parties involved cause service by Cutlass which go beyond those for which ap Order To Show Cause Regarding Es td be no longer available to the Postal proval previously was granted. tablishment of Service Mail Rates Service. He states further that the routes Upon consideration of the application and all of the facts of record, it is con Issued under delegated authority De for which rates are requested will be cluded that the transaction may involve cember 17, 1970. served by Manchester at the same points, the acquisition by a person engaged in On November 25, 1970, the Postmaster on the same frequencies, using similar a phase of aeronautics (Services) of a General filed a notice of intent, pursu equipment, and at the same rates that substantial part of the properties of an ant to 14 CFR Part 298, petitioning the have been in effect for Cutlass. These air carrier (ONA) within the meaning of Board to establish for Manchester Avia final rates which are petitioned for Man section 408 of the Act. However, the tion Co., Inc. (Manchester), an air taxi Board has concluded tentatively that the operator, service rates for the transporta chester and are currently in effect for transaction does not affect the control tion of mail over several routes previously Cutlass were established as follows, based of an air carrier engaged in air trans served by Cutlass Aviation, Inc. on the number of round trips per week portation, does not result in creating a (Cutlass). indicated: monopoly and does not tend to restrain competition. Furthermore, no person dis Docket Order Between Round trips Cents per closing a substantial interest in the per week mile proceeding is currently requesting a 18848______.. E-26055 Providence, R.I., and Newark, N.J., via Windsor Locks, 5 55.0 hearing, and it is found that the public Conn., and Albany, N.Y. interest does not require a hearing. 21406...... 69-10-146 Rochester and Albany, N .Y __ ...... 6 58.0 We do not find that the transaction 21407____ .. 69-12-47 Buffalo and New York (LGA), N.Y...... 6 51.5 21796______70-5-18 Portland, Maine, and Newark, N.J., via Manchester, 6 60.0 will be inconsistent with the public in N.H., and Albany, N.Y. terest or that the conditions of section 21797...... 70-11-57 Lebanon, N.R., and New York (LGA), N.Y., via Burl 6 68,0 408 will be unfulfilled. The Board tenta ington, Vt. and Albany, N.Y. tively concludes that it should approve the purchase transaction without hear No protest or objection was filed Accordingly, pursuant to the Federal ing pursuant to the third proviso of sec against the proposed services during the Aviation Act of 1958 and particularly tion 408(b) of the Act.7 time for filing such objections. The sections 204(a) and 406 thereof, and In accordance with section 408(b) of Postmaster General states that the the Board’s Regulations 14 CFR Part the Act, this order, constituting notice Postal Service and the carrier agree that 302, 14 CFR Part 298 and the authority of the Board’s tentative findings, will be the above rates are fair and reasonable duly delegated by the Board in its Orga published in the F ederal R egister, and rates of compensation for the proposed nization Regulations 14 CFR 385.16(f), interested persons will be afforded an op services. The Postmaster General believes It is ordered, That: portunity to file comments or requests a these services will meet postal needs in 1. Manchester Aviation Co., Inc., the hearing on the Board’s tentative decision. the markets. Postmaster General, Allegheny Airlines, Accordingly, it is ordered, That: It is in the public interest to fix, de Inc., American Airlines, Inc., Eastern Air 1. The purchase by Flying Tiger Air termine, and establish the fair and rea Lines, Inc., Mohawk Airlines, Inc., Services, Inc., of one Douglas DC-8-63F sonable rates of compensation to be paid Northeast Airlines, Inc., United Air Lines, from Overseas National Airways, Inc., by the Postmaster General for the pro Inc., and all other interested persons be and it hereby is tentatively approved posed transportation of mail by aircraft, are directed* to show cause why the Board for the limited purpose of enabling Fly the facilities used and useful therefor, should not adopt the foregoing proposed ing Tiger Services, Inc., to transfer that and the services connected therewith, be findings and conclusions and fix, deter aircraft to Tiger Leasing Corp. after the tween the aforesaid points. Upon con mine, and publish the final rates for the Board issues its final order in Docket sideration of the notice of intent and transportation of mail by aircraft, the 22768 and grants any necessary approv other matters officially noticed, it is facilities used and useful therefor, and als under Order 70-6-119 for the inter proposed to issue an order1 to include the services connected therewith, as the company transaction;8 the following findings and conclusions: fair and reasonable rates of compensa 2. Interested persons are hereby The fair and reasonable final service tion to be paid to Manchester Aviation afforded a period of 5 days from the date mail rates per great circle aircraft mile Co., Inc.; hereof within which to file comments to be paid to Manchester Aviation Co., 2. Further procedures herein shall be or request a hearing with respect to the Inc., entirely by the Postmaster General in accordance with 14 CFR Part 302, as Board’s proposed action;8 and pursuant to section 406 of the Act for specified below; and 3 The Attorney General of the United the transportation of mail by aircraft, 3. This order shall be served upon States be furnished a copy of this order the facilities used and useful therefor, Manchester Aviation Co., Inc., the Post ■within 1 day of publication. and the services connected therewith, master General, Allegheny Airlines, Inc., This order shall be published in the based on the number of round trips per American Airlines, Inc., Eastern Air Federal Register. week indicated, shall be as follows: Lines, Inc., Mohawk Airlines, Inc., Northeast Airlines, Inc., and United Air By the Civil Aeronautics Board. Round Cents Between trips per per Lines, Inc. ^SEAL^ Harry J. Zink , week mile Secretary. This ordér will be published in the F ederal R egister. [F.R. Dpc 70-17467; Filed, Dec. 28, 1970; Providence, R.I., and Newark, N.J., via Windsor Locks," Conn., . ______8:50 a.m.] and Albany, N.Y...... 5 55.0 [seal] H arry J. Zin k , Rochester arid Albany, N.Y_____ 6 '58.0 Secretary. Buffalo and New York (LGA), IlirfsV« flUal 0rder the Board Will N .Y ...... 6 51.5 1. Further procedures related to the at Sr h i « °ver the transaction to U Portland, Maine, and Newark, N. J., tached order shall be in accordance with 14 via Manchester, N.H., and Al CFR Part 302, and notice of any objection p Ä ie ° s n, that may be required bany, N.Y...... 6 60.0 Lebarion, N.H., and New York to the rate or to the other findings and sionfÜ* authorization encompasses (LGA), N.Y., via Burlington; conclusions proposed therein, shall be filed craft tr> ^ rvices to execute a lease of i Vt., and Albany, N. Y...... 6 58.0 within 10 days, and if notice is filed, written dition tha+e+r^eaS Na,tlonal Airways, < answer and supporting documents shall be Corporation le&Se b® assiSned to ! filed within 30 days after service of this Ana? Bna-i1 along with the aircraf 1 As this order to show cause is not a final order; suaitB°0»ui to S-rtiCt1^Order 70-6-119 i n Docket 22768 ai action, it is not regarded as subject to the 2. If notice of objection is not filed within review provisions of 14 CFR Part 385. These 10 days after service of this order, or if r J S "? flled sha11 conform provisions will apply to final action taken notice is filed and answer is not filed within by the staff under authority delegated in 30 days after service of this order, all per ‘ST"ÄS,!he rales 0 § 385.16(g). sons shall be deemed to have waived the FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19712 NOTICES right to a hearing and all other procedural Aviation Act of 1958, and particularly Dated at Washington, D.C., Decem steps short of a final decision by the Board, sections 204(a) and 406 thereof, and ber 22,1970. and the Board may enter an order incor regulations promulgated in 14 CFR Part porating the findings and conclusions pro [seal] T homas L. Wrenn, posed therein and fix and determine the 302, 14 CFR Part 298, and 14 CFR 385.16 Chief Examiner. final rate specified therein; (f). It is ordered, That: [F.R. Doc. 70-17470; Filed, Dec. 28, 1970; 3. If answer is filed presenting issues for 8:50 a.m.] hearing, the issues involved in determining ' 1. Ross Aviation, Inc., the Postmaster the fair and reasonable final rate shall be General, Allegheny Airlines, Inc., Pied limited to those specifically raised by the mont Aviation, Inc., United Air Lines, [Docket No. 22868] answer, except insofar as other issues are Inc., and all other interested persons are raised in accordance with Rule 307 of the directed to show cause why the Board OUT ISLAND AIRWAYS, LTD. rules of practice (14 CFR 302.307). should not adopt/ the foregoing proposed Notice, of Prehearing Conference [P.R. Doc. 70-17468; Piled, Dec. 28, 1970; findings and conclusions and fix, deter 8:50 a.m.] mine, and publish the final rate specified Notice is hereby given that a prehear above for the transportation of mail by ing conference in the above-entitled [Docket No. 22862; Order 70-12-127] aircraft, the facilities used and useful matter is assigned to be held on January therefor, and the services connected 8, 1971, at 10 a.m., e.s.t., in Room 726, ROSS AVIATION, INC. therewith as specified above as the fair Universal Building, 1825 Connecticut and reasonable rate of compensation to Avenue NW., Washington, DC, before Order To Show Cause Regarding be paid to Ross Aviation, Inc.; Examiner Richard M. Hartsock. Establishment of Service Mail Rate 2. Further procedures herein shall be Dated at Washington, D.C., Decem Issued under delegated authority De in accordance with 14 CFR Part 302, ber 21, 197.0. cember 22, 1970. and notice of any objection to the rate or to the other findings and conclusions [seal] T homas L. Wrenn, The Postmaster General filed a notice Chief Examiner. of intent December 9, 1970, pursuant to proposed herein, shall be filed within 10 14 CFR Part 298, petitioning the Board days, and if notice is filed, written answer [F.R. Doc. 70-17471; Filed, Dec. 28, 1970; to establish for the above captioned air and supporting documents shall be filed 8:50 a.m.] taxi operator, a final service mail rate within 30 days after service of this order; of 39.84 cents per great circle aircraft 3. If notice of objection is not filed mile for the transportation of mail by within 10 days after service of this order, aircraft between Clarksburg, W. Va., and or if notice is filed and answer is not COMMISSION ON GOVERNMENT Pittsburgh, Pa., via Charleston and filed within 30 days after service of this Parkersburg, W. Va., based on five round order, all persons shall be deemed to have PROCUREMENT trips per week. waived the right to a hearing and all No protest or objection was filed other procedural steps short of a final STATEMENT OF ORGANIZATION AND against the proposed services during the decision by the Board, and the Board may AVAILABILITY OF RECORDS time for filing such objections. The Post enter an order incorporating the findings and conclusions proposed herein and fix Statement of Organization master General states that the Depart Sec. ment and the carrier agree that the and determine the final rate specified 1 Organization. above rate is a fair and reasonable rate herein; 2 Functions. 4. If answer is filed presenting issues of compensation for the proposed serv Availability of Records ices. The Postmaster General believes for hearing, the issues involved in deter these services will meet postal needs in mining the fair and reasonable final rate 11 Policy. shall be limited to those specifically 12 Definitions. the market. He states the air taxi plans raised by the answer, except insofar as 13 Inspection and copying. to initiate mail service with Piper PA other issues are raised in accordance with 14 Applications for records and avaliaDie 23 aircraft. materials. It is in the public interest to fix, de Rule 307 of the rules of practice (14 CFR 15 Recovery of costs. termine, and establish the fair and rea 302.307); and 16 Records and available materials of otn sonable rate of compensation to be paid 5. This order shall be served upon Ross agencies. . , Aviation, Inc., the Postmaster General, 17 Types of copying processes and stanaaru by the Postmaster General for the pro Allegheny Airlines, Inc., Piedmont Avia of quality. posed transportation of mail by aircraft, tion, Inc., and United Air Lines, Inc. 18 Schedule of fees. the facilities used and useful therefor, 19 Records and documentary informations and the services connected therewith, This order will be published in the that may be exempt from public between the aforesaid points. Upon con F ederal R egister. sideration of the notice of intent and [seal] Harry J. Zin k , (Secs. 1 to 19 are issued pursuant to the other matters officially noticed, it is pro Secretary. Act of Nov. 26, 1969 (83 Stat. 269, posed to issue an order1 to include the U.S.C. 251, Note)) following findings and conclusions: [F.R. Doc. 70-17469; Filed, Dec. 28, 1970; The fair and reasonable final service 8:50 a.m.] S tatement of O rganization mail rate to be paid to Ross Aviation, S ection 1. Organization, (a) The Com Inc., in its entirety by the Postmaster [Docket No. 22123] mission on Government Procurement General pursuant to section 406 of the established by the Act of Nov^ k e , ’ Act for the transportation of mail by UNIVERSAL AIRLINES CO. ET AL. 1969 (83 Stat. 269; 41 U.S.C. 251, note. aircraft, the facilities used and useful Notice of Oral Argument Public Law 91-129), hereinafter referr therefor, and the services connected to as the “organic statute” as amen therewith, shall be 39.84 cents per great Universal Airlines Company, Universal from time to time, and is composed c» circle aircraft mile between Clarksburg, Airlines, Inc., First Grant Corporation, 12 members, two of whom are sei W. Va., and Pittsburgh, Pa., via Charles and American Flyers Airline Corp. by the members to serve as their l ton and Parkersburg, W. Va., based on Notice is hereby given, pursuant to the man and Vice Chairman. Appointme five round trips per week. provisions of the Federal Aviation Act to the Commission are made asimw» • Accordingly, pursuant to the Federal of 1958, as amended, that oral argument Three of the members by the President of the Senate (two from the Senate w 1 This order to show cause is not a final in the above-entitled nfatter is assigned are not members of the same action and is not regarded as subject to the to be heard on January 20, 1971, at 10 party, and one from outside the review provisions of 14 CFR Part 385. These a.m., e.s.t., in Room 1027, Universal Government) ; three members oy provisions will be applicable to final action taken by the staff under authority delegated Building, 1825 Connecticut Avenue NW., Speaker of the House (two from w in 1385.16(g). Washington, DC, before the Board. House of Representatives, who arc FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 NOTICES 19713 members of the same political party, and (b) Subject to the provisions of sec concern of another U.S. Department or one from outside the Federal Govern tion 19 and as used herein, the term Agency shall be forwarded to the par ment) ; five members by the President of “available materials” means those se ticular department or agency involved, the United States (two from the Execu lected materials which the Commission and the applicant notified. tive Branch of the Government and three elects to make available in the public Sec. 17. Types of copying processes and from outside the Federal Government). interest. The selected materials compre standard of quality. The Commission will The Comptroller General of the United hend the following items of informa provide copies of the requested records States is a statutory member. Vacancies tion: approved definitive charters of the or available materials of the same type in the Commission are to be filled in Commission’s study groups; unclassified and quality which it would provide in the the same manner as the original Commission contracts; the records of course of official business to personnel appointments. the final votes of each Commissioner of a U.S. department or agency. It will (b) The principal members of the staff with respect to any interim or the final not accept requests for special types of of the Commission are the Director of report of the Commission after their copying processes or for special stand Commission Studies, the Executive Sec submission to the Congress; and such ards of quality of reproduction. retary, and the General Counsel. other materials as the Chairman and S ec. 18. Schedules of fees, (a) A Sec. 2. Functions. The functions of Vice Chairman may from time to time’ search for records or available materials the Commission pursuant to the organic jointly authorize to be made available involving no more than 15 minutes will statute are to study and investigate the to the general public. The reports of the be made without charge. For searches present statutes affecting Government various study groups established by the requiring more than 15 minutes the procurement; the procurement policies, Commission are considered preliminary charge will be at the rate of $2 for each rules, regulations, procedures, and prac staff papers for use of. the Commission half hour or fraction thereof after the tices followed by the departments, bu together with other studies and analyses. first 15 minutes. reaus, agencies, boards, commissions, of These reports will be subject to further (b) Copying service will be performed fices, independent establishments, and detailed inquiry by the Commission at the following rates: the fee for elec- instrumentalities of the Executive through instructions for further study trostat copying, including handling, will Branch of the Federal Government; and by the study group, through public meet be at the rate of 2fi cents per page. the organizations by which procure ings or hearings, or through other (c) From time to time the Commission ment is accomplished to determine to means. Consequently, submission of may hold public meetings or hearings of what extent these facilitate the policy of study group reports does not import which transcripts may be prepared by Congress as expressed in the “organic approval or disapproval by the Commis reporters under contract. In such cases statute.” The Commission is to make a sion. Except as otherwise determined by copies of material from such transcripts final report of its findings and recom the Commission, these reports will be must be procured from the contract mendations to the Congress within 2 come available to the general public reporters. years of enactment of its organic statute. upon the expiration of the life of the (d) Certification of authenticity will Thus the Commission function is to con Commission but in no event prior to be $2 for each certificate. duct a study and submit a report to Con submission of the official final report of (e) The Chairman may revise the gress. the Commission to the Congress. schedule of fees,from time to time, with Availability of Records Sec. 13. Inspection and copying. The out notice, to provide more accurately records and available materials of the for the recovery of costs incurred by the Sec. 11. Policy. This and the follow Commission may be inspected or copied ing sections implement the policy of Commission. unless the requested record or available Sec. 19. Records and documentary in making the fullest possible public dis materials fall within one of the exemp closure of the Commission’s records con formation that may be exempt from tions set forth in section 19 below. public disclosure, (a) The policy of pub sistent with its responsibilities as an in Sec. 14. Applications for records and dependent activity reporting to the Con lic disclosure of records and available available materials. Any person desiring materials of the Commission contem gress. Since the responsibilities of the to inspect or copy records or available Commission are advisory in nature as materials known to be in the possession plated by these sections shall not apply indicated in section 2 above, it^does not of the Commission shall apply in person to records, available materials or docu ordinarily render decisions or issue regu or in writing to the Executive Secretary mentary information within any of the lations affecting the rights of the general at the offices of the Commission, Room categories enumerated below except public. The written materials coming 900, 1717 H Street NW., Washington, where in the judgment of the Chairman into possession of or created by the Com DC 20006. Applications by personal visit or Vice Chairman, the rights of any per mission are essentially preliminary and may be made between the hours of 9 son would not be adversely affected and for the deliberation of the Commission, a.m. and 5 p.m. on weekdays (holidays no significant purpose would be served its staff and study efforts, and accord excluded). The request should identify by withholding the record, available ingly, “internal communications” within with specificity the desired document. materials or documentary information the meaning of 5 U.S.C. 552(b) (5). As An index identifying the subject matter under the exemption. such they are exempt from disclosure, of the records or available materials of (1) Documentary information specif rrom time to time the Commission may the Commission is kept at the Commis ically required by Executive Order to be determine to permit inspection and copy- sion offices for inspection'on request. kept secret in the interest of the national certain “available materials’’ in Sec. 15. Recovery of costs. Except as defense or foreign policy. An example of wie public interest even though exempt otherwise provided in specific instances this category is a record classified under rom disclosure. Although the adopted by the Commission, a fee shall be re Executive Order 10501 (3 CFR, 1949— poney of the Commission as expressed in quired for all searches for, or copies of, 1953 Comp., p. 979), Safeguarding Offi jnese sections reflects the Public Infor- records or available materials. These fees cial Information in the Interests of the °? Secti°n of the Administrative shall be so computed as to obtain full Defense of the United States. f1„,^e<^ure Act (5 U.S.C. 552), the man cost recovery of searching and copying. (2) Documentary information related datory application of the Act to the To the extent that printed copies of re solely to the integral personnel rules and is n°t be inferred, nor ports or other written works are avail practices of any agency. This category ‘'bese sections be construed as con- able, a charge shall also be made. Where includes, in addition to internal matters : y . on any member of the public any written works have been published by of personnel' administration, internal nght of access under that Act. the Government Printing Office or other rules, and practices which cannot be dis thA «;Æ definitions, (a) Subject to Government printing activity, the Com closed without prejudice to the effective Z S T T ™ of section 19 and as used mission will direct the applicant to the performance of the Commission’s func intèim "records” means any appropriate sales office. tion. the an<* the final report of S ec. 16. Records and available mate (3) Documentary information specif com^0^ ! 851011 Con§ress which be- rials of other agencies. Requests for ically exempted from disclosure by stat ¿¡ngreSjCh 0rÜy after submission to records or available materials that have ute. One of the many statutes restrict been originated by or are primarily the ing access to Government records is 18 FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DEÇEMBER 29, 1970 19714 NOTICES U.S.C. 1905. For a general, but not ex (8) Documentary information con haustive, compilation of relevant statu tained in or related to examinations, FEDERAL COMMUNICATIONS tory provisions, see Federal Statutes on operating, or condition reports prepared the Availability of Information, Com by, on behalf of, or for the use of any mittee Print, House Committee on Gov agency responsible for the regulation or ernment Operations, 86th Congress, 2d supervision of financial institutions. [Dockets Nos. 19111, 19112; FCC 70-1323] Session, March 1960. (9) Documentary information con (4) Documentary information con taining geological and geophysical in RANTOUL BROADCASTING CO. AND taining trade secrets and commercial formation and data (including maps) REGIONAL RADIO SERVICE or financial information obtained from concerning wells. any person and privileged or confi (b) In the application of the exemp Order Designating Applications for dential. This exemption pertains to tions set forth in paragraph (a) of this Consolidated Hearing on Stated information which would not custom section, there shall be considered the Issues arily be made public by the person guidelines provided in the Attorney ■from whom it was obtained by the Gov General’s Memorandum on the Public In regard applications of Rantoul ernment. It includes, but is not limited Information Section of the Administra Broadcasting Co., Rantoul, 111., requests: tive Procedure Act,'June 1967. 95.3 me., No. 237; 3 kw.(H); 3 kw.(V); to, business sales statistics, inventories, 300 feet, Docket No. 19111, File No. customer lists, scientific or manufactur Dated: December 23, 1970. - ing processess or developments; infor BPH-7166; and William R. Brown and mation subject to protection as privi E. P erkins McGuire, Donald R. Williams, doing business as leged in a court or other proceeding, Chairman. Regional Radio Service, Rantoul, 111., requests: 95.3 me., No. 237; 3 kw.(H); 3 such as information protected by the [F.R. Doc. 70-17477; Piled, Dec. 28, 1970; doctor-patient, lawyer-client, or lender- 8:51 a.m.j kw.(V); 177 feet, Docket No. 19112, File borrower privilege; information sub No. BPH-7243; for construction permits. mitted by any person to the Government 1. The Commission has under con in confidence or where the Government sideration the above-captioned and de has obligated itself not to disclose infor scribed applications which are mutually mation it received; formulae, designs, ENVIRONMENTAL PROTECTION exclusive in that operation by the appli drawing, research data, and other records cants as proposed would result in mu developed by or for the Government AGENCY tually destructive interference. which are significant as items of valua 2. According to its application, Ran JUDICIAL OFFICER, DEPARTMENT OF toul Broadcasting would require $120,342 ble property. AGRICULTURE (5) Documentary information con to construct and operate, its proposed sta Delegation of Authority tion for 1 year without reliance on reve taining interagency or intraagency nues. This amount includes an estimate memoranda or letters which would not The Environmental Protection Agency of the first year, repayment costs, includ be available by law to a private party was established on December 2,1970 pur ing principal and interest on the out in litigation with the Commission. This suant to Reorganization Plan No. 3 of standing equipment balance, interest exemption covers internal communica 1970. Among other functions, those of the payments on a bank loan of $85,000, tions which would not routinely be avail Secretary of Agriculture under the Fed able to a party in litigation with the building and other miscellaneous costs, eral Insecticide, Fungicide and Rodenti- and a working capital requirement of Commission, such as internal drafts, cide Act (7 U.S.C. 135-135k) were trans workpapers, memorandums between of $45,807. To meet this requirement, ap ferred to the Administrator of the plicant has shown the availability of a ficials or agencies, opinions, and inter Environmental Protection Agency pur pretations prepared by Commission staff bank loan of $85,000; existing capital suant to the Reorganization Plan. of $13,867; and prepaid expenses of personnel or consultants for the use of The Administrator has requested by the Commission, and records of the de $9,133. However, applicant has failed to letter dated December 11, 1970 that the show that the principal stockholder has liberations of the Commission or staff Secretary of Agriculture make available groups. The exemption seeks to avoid funds available to make a $13,000 loan to the Administrator, pursuant to the he has tendered, and which the appli the inhibiting of internal communica provisions of 31 U.S.C. 686 the services tions, and the premature disclosure of cant requires, and so a financial issue of the Judicial Officer of the U.S. De will be specified. documents which would be detrimental partment of Agriculture to act as dele to an agency function. .3. Since no determination has yet gatee of the Administrator under section been reached on whether the antenna (6) Personnel and medical files and 4c of the Act (7 U.S.C. 135b(e)) in the proposed by Regional Radio would con similar files the disclosure of which case of In re; Steams Electric Paste Co., stitute a menace to air navigation, an would constitute a clearly unwarranted I.F. & R. Docket No. 13. The Secretary issue regarding this matter is required. invasion of personal privacy. This ex of Agriculture by letter has complied with 4. Data submitted by the applicants emption excludes from disclosure all such request. indicate that there would be a signifi personnel and medical files, and all pri Therefore, pursuant to the authority cant difference in the size of the areas vate or personal information contained vested in the Administrator of the En and populations which would receive in other files which, if disclosed to the vironmental Protection Agency by / 5 service from the proposals. Conse public, would amount to a clearly unwar U.S.C. 901-913 (63 Stat. 203) and section quently, for the purposes of comparison, ranted invasion of the privacy of any 3 of Reorganization Plan No. 3 of 1970, the areas and populations which would person. An example of such other files and the provisions in 31 UJ3.C. 686, the receive FM service of 1 mv/m or greater within the exemption are those compiled Judicial Officer, Department of Agricul intensity, together with the availability to evaluate candidates for security ture, is hereby authorized to act as final of other primary aural services in suen clearance. deciding officer in the case of In re: areas, will be considered under tne (7) Investigatory files compiled for Steams Electric Paste Co., I.F. & R. standard comparative issue, for the pur law enforcement purposes except to the Docket No. 13. pose of determining whether a compara extent available by law to a private party. Done at Washington, D.C., this 22d day tive preference should accrue to eitne This exemption protects from disclosure, of December 1970. of the applicants. except to litigants in accordance with 5. Regional Radio proposes 23 P® * William D. R tjckelshaus, cent duplicated programing, while Ra ‘ law, investigatory files compiled to en Administrator, toul Broadcasting proposes independent force all kinds of laws and is not limited Environmental Protection Agency. operation. Therefore, evidence rega to files compiled to enforce criminal [F.R. Doc. 70-17445; Piled, Dec. 28, 1970; ing program duplication will be statutes. 8:48 a.m.) missible under the standard compara FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 NOTICES 19715 issue. When duplicated programing is [Dockets Nos. 18813, 18814; FCC 70R-443] to the revocation proceedings. However, proposed, the showing permitted under continues SENCLand, the various cited the standard comparative issue will be SENCLAND BROADCASTING SYSTEMS, documents contain inconsistent or flatly limited to evidence concerning the ben INC., AND SEABOARD BROAD contradictory representations which spe efits to be derived from the proposed CASTING CORP. cifically affect the resolution of such is duplication, and a full comparison of the sues as the alleged knowledge and par applicants’ program proposals will not Memorandum Opinion and Order ticipation of Seaboard’s principals in be permitted hi the absence of a specific Enlarging Issues WLAS’s quotidian affairs and the alleged programing inquiry, Jones T. Sudbury, In regard applications of SENCLand double-billing practices of Seaboard. For 8 PCC 2d 360, FCC 67-614 (1967). Broadcasting Systems, Inc., Jacksonville, example, urges petitioner, in Exhibit No. 6. Except as indicated by the issues N.C., for construction permit, Docket No. 12 to Seaboard’s renewal application, specified below, the applicants are qual 18813, File No. BP-18649; and Seaboard Seaboard asserted that Jerry Popkin, its ified to construct and operate as pro Broadcasting Corp., Jacksonville, N.C., president, and Sidney Popkin, its vice posed. However, because the proposals for renewal of license of station WLAS, president, were both full-time employees.* are mutually exclusive, they must be Docket No. 18814, File No. BR-2961. Yet, SENCLand indicates, both named designated for hearing in a consolidated 1. By its order to show cause and no principals stated under oath in a sub proceeding on the issues specified below. tice of apparent liability (FCC 69-507, sequent affidavit accompanying Sea 7. It is ordered, That, pursuant to sec released May 12, 1969), the Commission board’s petition for reconsideration that tion 309(e) of the Communications Act instituted a revocation proceeding they each maintained 12-hour daily work of 1934, as amended, the applications are against Seaboard Broadcasting Corp. schedules at family-owned furniture designated for hearing in a consolidated (Seaboard), licensee of Station WLAS, stores. Similarly, advances petitioner, in proceeding, at a time and place to be Jacksonville, N.C. In a subsequent mem an affidavit attached to Seaboard’s peti specified in a subsequent order, upon the orandum opinion and order, FCC 70-272, tion for reconsideration, Ivins Popkin, a following issues: 18 RR 2d 849, released March 27, 1970, principal stockholder of Seaboard, testi (1) To determine whether Rantoul the Commission consolidated the revo fied as to the difficulty of obtaining local Broadcasting has available the additional cation proceeding for hearing with Sea clerical help for his furniture store. Con- $12,342 required for construction and board’s application for renewal of Sta trarily, stresses petitioner, in Seaboard’s first-year operation of its proposed sta tion WLAS’s license and with the mu earlier-filed renewal application, Exhibit tion without reliance on revenues, to thus tually exclusive application of SENCLand No. 4 presents the opposite and still un demonstrate its financial qualifications. Broadcasting Systems, Inc. (SENCLand), repudiated view of the Manager of the (2) To determine whether there is a for a construction permit for the same Jacksonville Employment Security Com reasonable possibility that the tower facilities.1 Now before the Review Board mission that “there exists a surplus of height and location proposed by Re is a petition to enlarge issues, filed Au skilled clerical workers.” As yet another gional Radio would constitute a menace gust 6, 1970, by SENCLand.3 Petitioner instance of Seaboard’s misstatement, to air navigation. seeks to have three issues added against SENCLand alleges that Sidney Popkin, (3) To determine which of the pro Seaboard: one, as to whether Seaboard in his affidavit responding to posals would, on a comparative basis, has abpsed the Commission’s processes SENCLand’s Interrogatory No. 21,® re better serve the public interest. since August 30, 1969; another, as to ported no ownership interest in Financial (4) To determine in the light of the whether Seaboard has failed to comply Corp. of North Carolina although that evidence adduced pursuant to the fore with § 1.65 of the rules; and a third, as corporation is the parent of the First going issues, which, if either, of the ap to whether Seaboard has engaged in de National Bank of Eastern North Caro plications for construction permit should ceptive advertising and unfair competi lina, a WLAS advertiser, and in spite of be granted. tion. SENCLand acknowledges the un the fact that Sidney Popkin is the rec 8. It is further ordered, That the Fed timeliness of its petition but pleads that ord owner of over 2,000 shares of Finan eral Aviation Administration is made i good cause exists for acceptance. Peti cial Corp. stock. Furthermore, submits party to the proceeding. tioner contends that the facts presented SENCLand, Sidney Popkin erroneously ^ is further ordered, That to aval in support of its petition became known represented to the Review Board in Sea themselves of the opportunity to b< or supportable only after the receipt of board’s petition to enlarge issues that, heard, the applicants and party respond certain affidavits. Petitioner further as of April 10, 1970, “no bid” existed ent herein, pursuant to § 1.221(c) of th< pleads that no affidavit was received un for the stock of Financial Corp. and that Commission’s rules, in person or by at til after July 3,1970, and that some were ownership interests therein were conse torney shall, within twenty (20) days ol quently nonliquidable. To the contrary, the mailing of this order, file with th( not obtained until July 29,1970. commission, in triplicate, a written ap- 2. In support of its request for an asserts SENCLand, as of April 10, 1970, pearance stating an intention to appeal abuse of process and a § 1.65 issue, pe a bid price of $31.50 existed for Finan on the date fixed for the hearing anc titioner cites various pleadings filed by cial Corp.® Resent evidence on the issues speciflec Seaboard with the Commission during 3. SENCLand alleges also that Sea in this order. the period August 30, 1969, to July 8, 1970.® Each of the cited documents was, board failed to amend its pending ap 't iur.ther ordered, That the ap- according to SENCLand, signed or plication so as to reflect changes in its herein shall, pursuant to sec- sworn to by a Seaboard principal, and programing and entertainment format. of the Communications each involves statements of fact critical Specifically, advances SENCLand, Sea tS n 193.4* M amended, and § 1.594 oi board represented in Exhibit No. 6 to h P * S ! ^ lon’s rules> ^ notice of the m 15** M vidually or, if feasible 1 By order, FCC 70-1245, released Dec. 1, Mthin K ^ n t with the rules, jointly 1970, the Commission terminated the revo 4 SENCLand observes that Seaboard’s re cation aspect of the proceeding (Docket No. newal application was signed by Jerry Pop ^ime and in the manner pre- 18549). kin and that Exhibit No. 12 thereto was rep Commis^ SUCh. r.ule’ and shall advise the 2 Also before the Review Board are: (a) resented as prepared under the direction of n S ? S ° n of- the Publication of such Petition for acceptance of late-filed peti Sidney Popkin. ¡¡¡¡gee 85 required by § 1.594(g) of the tion to enlarge issues, filed Aug. 6, 1970, by B Interrogatory No. 21 reads as follows: SENCLand; (b) opposition, filed Aug. 18, Other than Furniture Fair, Boomtown Fur Adopted: December 16, 1970. 1970, by Seaboard; (c) reply to opposition, niture, Discount Furniture, Seaboard Broad filed Aug. 26, 1970, by SENCLand; and (d) casting Corp., and Pete McMillan Furniture, Released: December 22,1970. letter of opposition to portions of reply, filed state the ownership interest, if any, of— Aug. 27,1970, by Seaboard. Sidney Popkin—in any purchaser of adver Federal Communications 3 The documents specifically adverted to tising broadcast by WLAS during the com Commission,1 (seal] by SENCLand are: (a) Seaboard’s Renewal posite week. Be n F. Waple, Application, filed Sept. 2, 1969; (b) Sea * SENCLand attaches both a letter from board’s petition for reconsideration (of the M. H. Vaughan, a Wilmington, N.C., securi |F A « 0 Í 70-1,413; 28, 1970; Commission’s show cause order), filed Dec. ties dealer, testifying as to the market for —______8:45 a.m.] 22, 1969; (c) Seaboard’s petition to enlarge Financial Corp. during March and April of issues, filed Apr. 27, 1970; and (d) Seaboard’s 1970, and a copy of the Daily Quotation 1 Commissioner Johnson absent. response to interrogatories, filed July 9, 1970. Sheet—Eastern Section for Apr. 10, 1970. No. 251---- g FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19716 NOTICES its renewal application that the broad SENCLand in connection with its of a new section IV nor an amendment to casts “The Greater Jacksonville Cham unsuccessful request for anticompet the renewal application. In answer to ber of Commerce” and “Dr. Norman itive practices and overcommercializa SENCLand’s allegations regarding de Vincent Peale” were typical and illus tion issues could nonetheless be explored ceptive advertising, Seaboard maintains trative of Seaboard’s programing. Yet, during the first part of the renewal phase that its July 13,1970, advertising did not, states petitioner, principal Sidney Pop- of this proceeding. Seaboard next argues, first of all, claim the population compu kin disposed for the first time in his however, that in response to paragraph tation set forth by SENCLand in its sworn response to SENCLand’s Inter 27, section IV-A, of its renewal applica analysis of the advertisement. Secondly, rogatory No. 11, that the Chamber of tion, it plainly stated that both Jerry urges Seaboard, its application reflects Commerce program was temporarily dis Popkin and Sidney Popkin were employed the 0.5 mv/m and 0.1 mv/m contours, continued and that the Dr. Peale pro “part-time” in the operation of WLAS. both of which are recognized by the Com gram had been eliminated. Furthermore, Furthermore, advances Seaboard, testi mission as acceptable service gauges.* submits petitioner, Seaboard’s un mony by the manager of Jacksonville’s Finally, asserts Seaboard, the affidavit of amended renewal application describes Employment Security Commission that its chief engineer, Edgar Hathaway, af an entertainment format for WLAS skilled clerical labor abounds does not firms that the contours of service rep which is 45 percent contemporary pop contradict Ivihs Popkin’s claim that he resented in Seaboard’s advertisement ular music, 30 percent country and west is hardpressed to offer sufficient em map reflect actual reception of Station ern, and 25 percent all-time standard ployee benefits so as to attract compe WLAS in the areas shown, and the affi favorities. SENCLand notes, too, that tent help willing to work long hours. Nor davit of consulting radio engineer Seaboard’s associated FM facility is said are claims as to the scarcity of local Robert L. Purcell affirms that such con to have an “easy-listen” format. How copywriting talent, urges Seaboard, im tour maps (showing primary and second ever, urges SENCLand, an advertisement pugned by assertions that bookkeepers ary pales of coverage) are commonly in the July 13, 1970 edition of the Jack or other clerical workers are readily prepared by engineers and used by radio sonville Daily News indicates that WLAS available. As for Sidney Popkin’s stock stations for advertising purposes. Sea has “gone country,” and an article in the holdings in Financial Corp., advances board likewise asserts that, as sworn to June 29, 1970, edition of Broadcasting Seaboard, they are “proportionately by Sidney Popkin, Station WLAS is five reports that WLAS’s companion FM fa small” and Popkin is neither a direc times as powerful as the other Jackson cility, Station WXQR, has altered its tor nor an officer of First National ville AM stations on account of WLAS’s format to “rock”. Bank, Financial Corp.’s progeny.7 Sea kilowatt strength which is quintuple that 4. Finally, petitioner alleges that Seaboard insists that stock in Financial of its competitors. Seaboard concludes its board’s July 13, 1970, advertisement in Corp. is nonliquidable as, for ex opposition with an affirmation that Uni the Jacksonville Daily News constitutes ample, no ready market exists for the versal Communications of Pittsburgh, unfair competition and deceptive adver 7,355 shares of Financial Corp. owned, Inc., supra, is inapposite owing to the tising. SENCLand contends that Sea in aggregate, by SENCLand principals. factual dissimilarity of that case. board laid claim to an “outer contour” Seaboard attaches one letter from secu 7. In reply, SENCLand reiterates its coverage of 16 towns with a composite rities dealer M. H. Vaughan asserting insistence that Seaboard has abused the 1960 population of 127,536 people and that his bid was good for only 100 shares Commission’s processes by not accurately an “inner contour” coverage of six towns of Financial Corp. and another letter reporting either Sidney Popkin’s owner with a composite population of 74,153 from Charles A. Collicutt, a North Caro ship interest in First National Bank or people when, in fact, Seaboard knew that lina securities trader, stating that he con the market for that institution’s stock. WLAS’s 0.5 mv/m contour encompassed sidered the stock of Financial Corp. to SENCLand reaffirms its contention that none of the cited communities or popu have “no real market in size.” Sidney Popkin owns at least $62,000 lations. Petitioner refers to Seaboard’s 6. In response to SENCLand’s requestworth of a liquidable stock. Petitioner application for a nighttime facility (File for a section 1.65 issue, Seaboard con insists that a “bid” of $31.50 existed for No. BP-18203) pending at the time of tends that its discontinuation of the “Dr. First National’s stock on April 10, 1970, the above-cited advertisement’s publica Norman Vincent Peale Program” is not and that Seaboard cannot controvert the tion. Figure 19 thereof, notes SENCLand, a significant change, as contemplated by existence of what, in common parlance, shows that WLAS’s present contour does the Commission in its report and order, then constituted a market.9 Referring to not cover any of the listed communities Reporting of Changed Circumstances, program changes allegedly effected by or populations, and that the protection FCC 64-1037, released November 13,1964, Seaboard, petitioner indicates that Sea WLAS must afford neighboring Station 3 RR 2d 1623. Nonrenewal of the cited board has consistently ignored discon WIAM renders impossible any coverage program, insists Seaboard, represents a tinuation of its 5-minute Chamber of of two listed communities: Williamston, change of 5 minutes per day, 5 days per Commerce program and that when Sid N.C. (I960 population, 6,924) and Wash week, or an unsubstantial 10.3 percent of ney Popkin (in Exhibit No. 6 to Sea ington, N.C. (1960 population, 9,939). “all other programs.” Its change in enter board’s renewal application) asserted Petitioner construes Seaboard’s adver tainment format, continues Seaboard, that Seaboard would broadcast the Dr. tisement as intended to deceive, espe was duly reported to the Commission. By Peale program, the latter show had, ac cially in view of such phrases within the letter dated June 11, 1970, avers Sea cording to Sidney Popkin’s sworn advertisement as “Five Times the board, Jerry Popkin advised the Com response on July 8,1970, to a SENCLand Power” and “Big Country Giant” which mission that as of June 6,1970, the enter interrogatory, been discontinued at least would suggest extensive coverage of both tainment format of Station WLAS had town and country. Petitioner character been made entirely “country and west as of May 9, 1969. Moreover, advances izes Seaboard’s advertisement as the type ern”. A similar notification of altered petitioner, a 90-minute show broadcast condemned by the Commission in Uni format, adds Seaboard, was filed by Sta each weekday by Seaboard has change versal Communications of Pittsburgh, tion WXQR with the Commission on its format from that of basically public Inc., 21 FCC 2d 542, 18 RR 2d 491 (1970), June 29, 1970. Seaboard claims full com affairs (as described in Seaboard’s re and insists that the public interest re pliance with Commission policy, espe quires addition of a deceptive advertising cially as has been enunciated in the Com newal application, Exhibit No. 6) issue with the burden of proof on mission’s report and order, AM-FM “country and western” with only inter Seaboard. Program Forms, FCC 65-686, released mittent news and public service pro- 5. Seaboard opposes SENCLand’s peAugust 12, 1965, 5 RR 2d 1773, and sub tition in the first instance on grounds mits that the Commission’s rules and 8 Seaboard refers to §§ 73.11 and 73.182(e) that it presents matters properly dealt regulations do not require the submission of the Commission’s rules. f with by cross-examination at the hear 9 SENCLand observes that the Questio a ing. Seaboard cites the Review Board’s 7 Seaboard notes, too, that the bank doeshow many shares could be disposed o ^ Memorandum Opinion and Order, 24 not do cooperative advertising and thus single day without depressing the m t FCC 2d 254, 19 RR 2d 480 (1970), wherein SENCLand’s efforts to discover alleged in a question apart from whether a the Board noted that matters raised by stances here of double-billing are pointless. existed for the shares to begin with. FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 NOTICES 19717 grams.1® SENCLand asserts that Sea time employees, or nonemployees of Sta to § 1.65 of the rules.18 The Review Board board’s prior affirmation that only its tion WLAS. An issue will therefore be notes additionally that Seaboard swears entertainment format has been altered specified to determine whether Jerry and to have advised the Commission by letter is thereby undermined. Petitioner rea Sidney Popkin have misrepresented their of the other alleged changes which it sons that such an extensive change in employment relationship with Station made in the entertainment format of programing as is represented by 90 min WLAS to the Commission.14 The Board WLAS.18 Lastly, the Review Board will utes each weekday substantially alters will decline, however, to specify an issue add an issue to determine whether Sea SENCLand’s public affairs and com inquiring as to Sidney Popkin’s failure board misrepresented the coverage area munity service showing.11 Moreover, sub to list his ownership interest in Financial of Station WLAS to the public and to its mits petitioner, such unreported change Corp. when he replied to SENCLand’s advertisers. Comparison of Seaboard’s necessitates a § 1.65 inquiry. Finally, interrogatory. The Board is persuaded advertising map with figures submitted SENCLand urges that for purposes of that the interest was not listed as the to the Commission20 discloses that the business advertising, Seaboard enlarged, result of a good-faith and not unreason advertising map does not label WLAS’s at least, its primary coverage showing. able determination by Sidney Popkin 0.1 mv/m and 0.5 mv/m contours; more Comparison of WLAS’s 0.5 mv/m contour that the interrogatory did not call for over, the map depicts an exaggerated as represented in Seaboard’s pending ap mention of such a proportionately small15 primary service area and does not indi plication for a nighttime facility (File No. and remote1® investment. Similarly, the cate losses in coverage resulting from in BP-18203)12 with that shown in the cited Board is unpersuaded that a substantial terference which its operation receives advertisement, submits petitioner, re question has been raised as to whether from other stations. Additionally, the veals a discrepancy of not less than 74,153 Sidney Popkin intentionally, misrepre affidavit submitted by Seaboard’s chief people. SENCLand continues that ex sented to the Commission the liquidity engineer reveals that the publicity map amination of the affidavit submitted by of Financial Corp.’s common stock. was based on measurements which were Seaboard’s chief engineer discloses his Without reaching a determination as to not taken in accordance with Commis failure to comply with §§ 73.152 and the meaning of “liquidable” or “non- sion requirements.21 In fact, no measure 73.186 of the rules in calculating WLAS’s liquidable”, the Review Board would ob ment data at all was submitted to the 0.5 mv/m contour for purposes of ad serve that although a “bid” price of Board by Seaboard. Seaboard’s advertis vertising. Petitioner concludes that Sea $31.50 does seem to have existed for Fi ing map, in sum, appears not to com board has misrepresented its contour nancial Corp. as of April 10, 1970,17 Sea port with the standards of accuracy and to advertisers since 1964, and that its board could have not unreasonably main disclosure expected of a Commission li methods of measurement are neither ex tained that the stock was not readily censee. As was stated in Universal Com plained nor excused by the affidavit of alienable. Various other factors, both munications of Pittsburgh, Inc., supra, consulting radio engineer Robert L. cited here by Seaboard and adverted to “tf!ull disclosure as to both coverage Purcell, nor by usual commercial practice. previously by the Board in its Memoran and location is essential in conforming 8. With certain significant exceptions,dum Opinion and Order, 24 FCC 2d 259, to the standard of candor required of the Review Board will grant the relief 19 RR 2d 538 (1970), could have sup licensees * * *. It is the [applicant’s] sought by SENCLand.18 Although peti ported Seaboard’s insistence that the tioner styles its first request as a plea stock in question was nonliquidable. The obligation to show that the [map] con for an abuse of process issue, the Board Board is not disposed to launch an in tours were accurately portrayed.”22 21 is of the view that the facts alleged more quiry where no indication exists that any FCC 2d at 542, 18 RR 2d at 492.28 Sea nearly support a misrepresentation is representation was made in bad faith or board appears to have been remiss in this sue. Seaboard has not convincingly misled a party to its prejudice. regard and the consequent issue will be reconciled the various and conflicting 9. The Review Board will further deadded to explore this matter at the swom statements which its principals cline to add an issue inquiring as to Sea have submitted to the Commission. In board’s change of programing and its hearing. answer to question 27, section IV-A, of alleged failure to report an altered for its renewal application, for instance, mat to the Commission. The two in 18 Petitioner’s supplementary charges re Seaboard describes Jerry and Sidney stances of deleted or suspended pro garding Seaboard’s alleged modification of Popkin as being employed part-time in graming cited by SENCLand in its peti its 90-minute weekday presentation “The the operation of WLAS. Yet, in reply tion do not represent the “major and Paul Parker Show”, are procedurally defec to question 30 of the same form, Jerry out of the ordinary” changes which the tive. In direct contravention of section 1.45 (b) of the rules, they raise new matter in a and Sidney Popkin are listed as full-time Commission expressly directed to be re reply pleading and are unresponsive to Sea employees of the station. Still later, in ported “in order [that it might! reach board’s opposition pleading. They will there reply to petitioner’s interrogatories, both a realistic decision.” Reporting of fore be disregarded by the Review Board. Jerry and Sidney Popkin attest to main Changed Circumstances, supra at 1625. AIJir Broadcasting Co., 12 FCC 2d 163, 12 taining a 12-hour workday at their furni In our view, neither change was so dras RR 2d 986 (1968); Marbro Broadcasting Co., ture stores. The Board is, consequently, tic as to require an amendment pursuant 2 FCC 2d 1030, 7 RR 2d 216 (1966). 19 Furthermore, no impropriety is apparent at a loss to decide whether Sidney and to us in Seaboard’s having (1) discontinued Jerry Popkin have represented them 14 The Board is unpersuaded that any in the 5-minute weekday show “Dr. Norman selves to be full-time employees, part- consistencies have been presented by the Vincent Peale,” prior to its renewal filing; different statements of Seaboard concerning (2) thereafter asserting in its renewal appli the local availability of clerical help. No cation that it planned to broadcast the Dr. attaches the supporting ai misrepresentation is apparent to us in the Peale show in the future; and (3) ultimately aavits of Deborah Ann Mattocks who swea varying and generalized assertions which deciding to drop the show. Aug 3Vei9“o nit°red the Sh°W th® Week have been made by Seaboard as to its beliefs «»See Figures 18, 19, and 32 in the en regarding the labor situation in and near gineering data submitted to the Commission ccLPe^ tio ntr notes that 4t eoul<* not find Jacksonville. in support of Seaboard’s application for a th«y Seaboard’s June 11, 1970, letter 15 Sidney Popkin is alleged to be record nighttime facility (BP-18203). in the latter’s file holder of no less than 2,000 shares out of 21 See §§ 73.152 and 73.186 of the Commis its therefore affirms that it cannot, 600,000 common shares issued in Financial sion’s rules. notified kilowledge> state whether Seaboa Corp. 22 Also relevant was the Commission’s fur changes. the Commissi°n of program!] ' 10 Financial Corp. is a holding company ther observation that “the map submitted for First National. Furthermore, avers by the licensee to replace the contested map board'?«011'* xref€rs to Fieure 19 of Se SENCLand, the latter does not participate in and prepared with the use of field intensity i3 pL!1+?pportln8' Engineering Statement, cooperative advertising. measurements shows the 0.5 mv/m contour cause fr>r°+ifr kaa adequately shown go< 17 Seaboard seems to have confused theon the former map to be exaggerated.” Id. enlargement in “ ing its re<*uest f “bid” price for the “asked” price. A quotation 23 Compare Home Service Broadcasting of th« and the Petition for acceptan for the latter is missing from the Apr. 10, Corp., 23 FCC 2d 914, 19 RR 2d 315 (1970), granted? tltl0n enlar£e will therefore 1 1970 edition of the Daily Quotation Sheet— Where the Review Board denied a similar Eastern Section. request. FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19718 NOTICES 10. Accordingly, it is ordered, That the requirements relating to such plead NORTH ATLANTIC FRENCH ATLANTIC petition for acceptance of late-filed pe ings. FREIGHT CONFERENCE tition to enlarge issues, filed August 6, Adopted: December 21,1970. 1970, by SENCLand Broadcasting Sys Notice of Agreement Filed Released: December 21,1970. tems, Inc., is granted, and that the peti Notice is hereby given that the follow tion to enlarge issues, filed August 6, F ederal Communications ing agreement has been filed with the 1970, by SENCLand Broadcasting Sys Commission, Commission for approval pursuant to tems, Inc., is granted to the extent indi [seal] B en F. W aple, section 15 of the Shipping Act, 1916, as cated and is denied in all other respects; Secretary. amended (39 Stat. 733, 75 Stat. 763, 46 and [F.R. Doc. 70-17412; Filed, Dec. 28, 1970; U.S.C. 814). 11. It is further ordered, That the is 8:45 a.m.] Interested parties may inspect and sues in this proceeding are enlarged by obtain a copy of the agreement at the addition of the following: Washington office of the Federal Mari To determine whether Sidney Popkin time Commission, 1405 I Street NW., and Jerry Popkin have misrepresented FEDERAL MARITIME COMMISSION Room 1202; or may inspect the agree their employment relationship with Sta ment at the Field Offices located at New tion WLAS to the Commission, and, in THE 8900 LINES York, N.Y., New Orleans, La., and San light of evidence adduced pursuant to Notice of Agreement Filed Francisco, Calif. Comments on such the foregoing, whether Seaboard Broad agreements, including requests for hear casting Corp. possesses the requisite qual Notice is hereby given that the follow ing, may be submitted to the Secretary, ifications to continue as a Commission ing agreement has been filed with the Federal Maritime Commission, Washing licensee. Commission for approval pursuant to ton, D.C. 20573, within 20 days after To determine whether Seaboard section 15 of the Shiping Act, 1916, as publication of this notice in the Federal Broadcasting Corp. has misrepresented amended (39 Stat. 733, 75 Stat. 763, 46 R egister. Any person desiring a hearing the coverage area and contours of Sta U.S.C. 814). on the proposed agreement shall provide tion WLAS to the public and its adver Interested parties may inspect and ob a clear and concise statement of the tisers, and in light of evidence adduced tain a copy of the agreement at the matters upon which they desire to ad pursuant to the foregoing, whether Sea Washington office of the Federal Mari duce evidence. An allegation of discrimi board Broadcasting Corp. possesses the time Commission, 1405 I Street NW., nation or unfairness shall be accom requisite qualifications to continue as Room 1202; or may inspect the agree panied by a statement describing the a Commission licensee; and ment at the Field Offices located at New discrimination or unfairness with par 12. It is further ordered, That the York, N.Y., New Orleans, La., and San ticularity. If a violation of the Act or burden of proceeding with the intro Francisco, Calif. Comments on such detriment to the commerce of the United duction of evidence under the issues add agreements, including requests for hear States is alleged, the statement shall set ed herein shall be on SENCLand Broad ing, may be submitted to the Secretary, forth with particularity the acts and cir casting Systems, Inc., and the burden of Federal Maritime Commission, Washing cumstances said to constitute such vio proof shall be on Seaboard Broadcasting ton, D.C. 20573, within 20 days after lation or detriment to commerce. Corp. publication of this notice in the F ederal A copy of any such statement should Adopted: December 17, 1970. R egister. Any person desiring a hearing also be forwarded to the party filing the on the proposed agreement shall provide agreement (as indicated hereinafter) Released: December 22, 1970. a clear and concise statement of the and the statement should indicate that F ederal Communications matters upon which they desire to ad this has been done. Commission, duce evidence. An allegation of discrimi Notice of agreement filed by: [seal] B en F. W aple, nation or unfairness shall be accom Charles J. Moran, Chairman, North Atlantic Secretary. panied by a statement describing the French Atlantic Freight Conference, [F.R. Doc. 70-17414; Filed, Dec. 28, 1970; discrimination or unfairness with par Burlingham, Underwood, Wright, White & 8:45 a.m.] ticularity. If a violation of the Act or Lord, 25 Broadway, New York, NY 10004. detriment to the commerce of the United States is alleged, the statement shall set Agreement No. 7770-5 provides for: STANDARD BROADCAST APPLICA forth with particularity the acts and (a) Extension of the coverage of the agreement to cargo moving under TION READY AND AVAILABLE FOR circumstances said to constitute such violation or detriment to commerce. through bills of lading from U.S. North PROCESSING A copy of any such statement should Atlantic ports to interior points in D ecember 21, 1970. also be forwarded to the party filing the France; and Notice is hereby given, pursuant to agreement (as indicated hereinafter) (b) Reduction of the necessary affirm § 1.571(c) of the Commission’s rules, that and the statement should indicate that ative vote for action on freight rates on February 2,1971, the following appli this has been done. and tariff rules from unanimous consent cation by Station KICO for increase in Notice of agreement filed by: to three-fourths of those present. daytime power of its Class IV standard A. J. Wassler, Secretary, The “8900” Lines, Dated: December 22, 1970. broadcast station, will be considered as Room 1539, 26 Broadway, New York, NY ready and available for processing: 10004. By order of the Federal Maritime BP-18934 KICO, Calexico, Calif. Commission. Agreement No. 8900-5, among the F rancis C. Hurnev, Charles R. Love. members to the “8900” Lines Rate Agree Secretary. Has: 1490 kc., 250 w., U. ment, will revise the rate agreement by Req: 1490 kc., 250 w., 1 kw-LS, U. updating the terms of its self-policing [F.R. Doc. 70-17418; Filed, Dec. 28, 1970; The purpose of this notice is not to provisions to include language required 8:45 a.m.] invite applications which may conflict by. the Commisson’s General Order 7 with the listed application, but to ap (Revised). CALIFORNIA ASSOCIATION OF PORT prise any party in interest who. desires Dated: December 22, 1970. AUTHORITIES to file pleadings concerning the ap By order of the Federal Maritime Notice of Agreement Filed plication pursuant to section 309(d) (1) Commission. of the Communications Act of 1934, as F rancis C. Hurney, Notice is hereby given that the follow amended, of the necessity of complying Secretary. ing agreement has been filed with with § 1.580(i) of the Commission’s rules [F.R. Doc. 70-17419; Filed, Dec. 28, 1970; Commission for approval pursuan governing the time of filing and other 8:45 a.m.] section 15 of the Shipping Act, 1916, as FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 NOTICES 19719 amended (39 Stat. 733, 75 Stat. 763, 46 agreements, including requests for hear vide a clear and concise statement of the U.S.C. 814). ing, may be submitted to the Secretary, matters upon which they desire to ad Interested parties may inspect and ob Federal Maritime Commission, Washing duce evidence. An allegation of discrimi tain a copy of the agreement at the ton, D.C. 20573, within 20 days after pub nation or unfairness shall be accom Washington office of the Federal Mari lication of this notice in the F ederal panied by a statement describing the time Commission, 1405 I Street NW., R egister. Any person desiring a hearing discrimination or unfairness with par Room 1202; or may inspect the agree on the proposed agreement shall provide ticularity. If a violation of the Act or ment at the Field Offices located at New a clear and concise statement of the detriment to the commerce of the United York, N.Y., New Orleans, La., and San matters upon which they desire to States is alleged, the statement shall Francisco, Calif. Comments on such adduce evidence. An allegation of dis set forth with particularity the acts and agreements, including requests for hear crimination or unfairness shall be ac circumstances said to constitute such ing, may be submitted to the Secretary, companied by a statement describing the violation or detriment to commerce. Federal Maritime Commission, Wash ■discrimination or unfairness with par A copy of any such statement should ington, D.C. 20573, within 20 days after ticularity. If a violation of the Act or det also be forwarded to the party filing the publication of this notice in the F ederal riment to the commerce of the United petition (as indicated hereinafter), and Register. Any person desiring a hearing States is alleged, the statement shall set the statement should indicate that this on the proposed agreement shall provide forth with particularity the acts and cir has been done. a clear and concise statement of the cumstances said to constitute such vio Notice of agreement filed by: matters upon which they desire to lation or detriment to commerce. adduce evidence. An allegation of dis A copy of any such statement should Charles J. Moran, Chairman, North Atlantic crimination or unfairness shall be be forwarded to the party filing the French Atlantic Freight Conference, Bur- accompanied by a statement describing agreement (as indicated hereinafter) and lingham, Underwood, Wright, White & the discrimination or unfairness with the statement should indicate that this Lord, 25 Broadway, New York, NY 10004. particularity. If a violation of the Act has been done. Agreement No. 7770 D.R.-3 would ex or detriment to the commerce of the Notice of agreement filed by: tend the coverage of the Conference’s United States is alleged, the statement Mr. W. R. Purnell, District Manager, Amer Merchant’s Freight Contract to cargo shall set forth with particularity the acts ican Mail Line, Ltd., 601 California Street, moving under through bills of lading and circumstances said to constitute Suite 610, San Francisco, CA 94111. from U.S. North Atlantic ports to such violation or detriment to com interior points in France. merce. Agreement No. 9917 between the two A copy of any such statement should carriers noted above provides for the Dated: December 22,1970. also be forwarded to the party filing the through movement of general cargo be By order of the Federal Maritime agreement (as indicated hereinafter) tween loading ports in Malaya and Sing Commission. apore served by Everett Orient Line to and the statement should indicate that F rancis C. H urney, this has been done. discharge ports'in Oregon, Washington, Secretary. Notice of agreement filed by: and Alaska served by American Mail with transshipment in either Hong Kong [F.R. Doc. 70-17422; Filed, Dec. 28, 1970; Mr. C. R. Nickerson, Executive Secretary, and Japan in accordance with the terms 8:45 a.m.] California Association of Port Authorities, 9 First Street, San Francisco, CA 94105. of the agreement. Agreement No. 7345—14, between the Dated: December 22,1970. members of the California Association of By order of the Federal Maritime FEDERAL POWER COMMISSION Commission. Port Authorities, modifies • the basic [Docket No. E-7578] agreement which provides for the estab F rancis C. H tjrney, lishment and maintenance of just and Secretary. COMMONWEALTH EDISON CO. reasonable rates, rules and regulations [F.R. Doc. 70-17421; Filed, Dec. 28, 1970; at members’ terminals at ports in the 8:45 a.m.] Notice of Proposed Rate Schedule State of California. The purpose of the Changes modification is to amend Article 3, sub section B, concerning proposed tariff NORTH ATLANTIC FRENCH ATLANTIC D ecember 16,1970. changes. Take notice that on November 23, FREIGHT CONFERENCE 1970, Commonwealth Edison Co. (Com Dated: December 22,1970. Notice of Petition Filed monwealth) filed rate schedule changes By order of the Federal Maritime for service to the municipalities of Bata Commission. Notice is hereby given that the fol via, Geneva, Naperville, and St. Charles, lowing petition has been filed with the F rancis C. H ttrney, HI., and also, subject to certain special Secretary. Commission for approval pursuant to provisions, for service to the municipal section 14b of the Shipping Act, 1916, ity of Rochelle, 111.1 The date on which IF.R. Doc. 70-17420; Filed, Dec. 28, 1970; as amended (75 Stat. 762, 46 UJS.C. 814). 8:45 a.m.] the rate changes are proposed to become Interested parties may inspect a copy effective is February 1, 1971. of the current contract form and of the According to billing information sub AMERICAN MAIL LINE, LTD., ANC petition, reflecting the changes proposed mitted by Commonwealth, the rate to be made in the language of said con EVERETT ORIENT LINE changes proposed would increase the tract, at the Washington office of the municipalities’ rates by approximately Notice of Agreement Filed Federal Maritime Commission, 1405 I $410,106 for the year ending January Street NW., Room 1202; or at the Field 1971, and $454,285 for the year ending in? otice te herefey given that the folloi Offices located at New York, N.Y., New January 1972.® S ?m ^e®ment ha« been filed with tl Orleans, La. and San Francisco, Calif. s e c w S ^ i for aPi>roval pursuant Comments with reference to the pro The rate changes proposed by Com amen ¡Li5, the Shipping Act, 1916, monwealth and the reasons offered in posed changes and the petition, includ support thereof include the following: S c 8 1 4 ) 39 Stat* 733‘ 75 Stat- 763’ ' ing a request for hearing, if desired, may be submitted to the Secretary, Federal (1) an increase in demand and energy tai?ttrCSed Parties may inspect and ol Maritime Commission, 1405 I Street Washfn«S°Py « ***• agreement at tl NW., Washington, DC 20573, within 20 1 Service to Rochelle, 111., Is the subject office of the Federal Mai of an initial service agreement filed by Com »«5 I Street NV days after publication of this notice in monwealth on October 1, and supplemented mentat nl’» r,“ ay insPect the agre the F ederal R egister. Any person de Oct. 29,1970. siring a hearing on the proposed modi 2 Because service to Rochelle, HI., had not York, n v 6 xr*eld ° ffices located at Ne commenced at the time the subject flung f f f c t e J ' ^ S ° rIeans- **•. “ «> » fication of the contract form and/or was made these figures do not reflect data isco, Calif. Comments on su< the approved contract system shall pro with respect to that municipality. FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19720 NOTICES charges to provide a more adequate rate to permit the tendered tariff sheet to be trolled by three 6 by 7 foot wooden gates; of return on its jurisdictional business, come effective as of December 16,1970. (3) a 1.16 miles of conduit with a capac and to restore a more appropriate rela Grand Valley states that the sole rea ity of 30 c.f.s. consisting of 0.49 mile of tionship between charges to its munici son for the filing is to track the increase canal, 0.21 mile of tunnel, and 0.46 mile pal and industrial customers following in rates of its suppliers. Copies thereof of 36 inch diameter steel pipe diverting a recent rate increase authorized by the were served upon El Paso Natural Gas water from Lower Echo Lake to South Illinois Commerce.Commission; (2) the Co. Form American River; (4) a reservoir deletion of reference to the $50 monthly Any person desiring to be heard or to having a surface area of 338 acres at ele Minimum Demand Charge of Tariff Rate make protest with respect to said fil vation 7,411.5 feet and usable storage 78 as obsolete; (3) a revision in the terms ing should on or before December 31, of 1,890 acre-feet. (C) Caples Lake (Twin and conditions dealing with its liability 1970, file with the Federal Power Com Lakes) ( l ) a main dam on Caples Creek for interruptions in service to provide mission, Washington, D.C. 20426, peti of earthfill 1,200 feet long with a maxi specific protection against liability in the tions to intervene or protests in accord mum height of 84.5 feet having a 4.5- event of an interruption of service to ance with the requirements of the Com foot outlet conduit through the base of prevent disruption of its system or sys mission’s rules of practice and procedure the dam and a fish ladder located at tems with which it is interconnected; and (18 CFR 1.8 or 1.10). All protests filed its left abutment; (2) an auxiliary dam (4) a revision in the fuel adjustment with the Commission will be considered with a concrete section and an earthfill clause of Tariff Rate 78 to conform its by it in determining the appropriate ac section, the concrete section consisting terms to those now applicable in Com tion to be taken but will not serve to of a combination of gravity and arch monwealth’s intrastate tariff, so that make protestants parties to the proceed sections with a maximum height of 18 generation from new nuclear units com ing. Persons wishing to become parties feet and a crest length of 300 feet and ing on line as well as rising fuel costs to a proceeding or to participate as a having a 131.5-foot spillway at crest ele would be recognized. party in any hearing therein must file vation 7,943 feet topped with 3-foot Copies of the filing have been served petitions to intervene in accordance with fiashboards; the earthfill section is a con on the Illinois Commerce Commission the Commission’s rules. The tender is on crete core structure with a maximum and the affected municipalities. file with the Commission and available height of 33 feet and a crest length of Any person desiring to be heard or to for public inspection. 237 feet; (3) a reservoir having a surface make any protest with reference to the G ordon M. G rant, area of 600 acres at elevation 7,800.9 feet said application should on or before Secretary. and a usable storage capacity of 21,581 acre-feet. (D) Silver Lake (1) a rock and January 5, 1971, file with the Federal [F.R. Doc. 70-17384; Filed, Dec. 28, 1970; Power Commission, Washington, DC. 8:46 a.m.] earthfill dam on Silver Fork with a maxi 20426, petitions to intervene or protests mum height of 30 feet and a crest length in accordance with the requirements of of 280 feet with a spillway located on the the Commission’s rules of practice and [Project No. 184] left abutment consisting of a double out let chute controlled by two radial gates; procedure (18 CFR 1.8 or 1.10). All pro PACIFIC GAS AND ELECTRIC CO. tests filed with the Commission will be (2) a fish ladder adjacent to the spill considered by it in determining the ap Notice of Application for New way; (3) a reservoir having a surface propriate action to be taken but will not License for Constructed Project area of 525 acres at elevation 7,261.1 feet serve to make the protestants parties to and a usable storage capacity of 8,590 the proceeding. Persons wishing to be D ecember 17, 1970. acre-feet. (E) Diversion dams, water come parties to the proceeding or to Public notice is hereby given that ap ways, and forebay consisting of (1) El participate as a party in any hearing plication for new license has been filed Dorado diversion dam, a rockfill timber therein must file petitions to intervene under section 15 of the Federal Power crib structure 271 feet long and 20 feet in accordance with the Commission’s Act (16 U.S.C. 791a, 825r) by Pacific Gas high having a fish ladder and located on rules of practice and procedure. and Electric Co. (correspondence to: J. South Fork American River; (2) El Do The application is on file with the F. Roberts, Jr., Vice President—Rates rado conduit 22.3 miles long, from the Commission and available for public and Valuation, Pacific Gas and Electric diversion dam to the forebay, comprised inspection. Co., 245 Market Street, San Francisco, of canal, flume, tunnel, and pipeline Gordon M. Grant, CA 94106) for its constructed El Dorado along with several intermediate feeder Secretary. Project No. 184, located on South Fork canals; (3) El Dorado forebay formed by [F.R. Doc. 70-17383; Filed, Dec. 28, 1970; American River and its tributaries, in an earthfill dam 91 feet high and 836 8:46 a.m.] the counties of El Dorado, Alpine, and feet long and having a usable capacity of Amador and. affecting lands of the 200 acre-feet and a surface area of 22 United States partly within the bound acres at elevation 3,792.2 feet; (4) a wood [Docket No. RP71-53] ary of El Dorado National Forest. stave and steel pipeline about 11,487 feet GRAND VALLEY TRANSMISSION CO. The constructed El Dorado Project long extending from the forebay to the consists of: surge tank; (5) a 54 inch steel penstock, Notice of Proposed Change in Rate (A) Lake Aloha (Medley Lake) (1) a 3,443 feet long which bifurcates at the and Charge main dam of rubble and masonry con powerhouse. (F) El Dorado powerhouse struction on Pyramid Creek with a maxi located on South Fork American River D ecember 16,1970. mum height of 20 feet above streambed containing two hydraulic turbines oper Take notice that on December 7, 1970, and crest length of 113 feet; (2) 11 aux ated under a static head of about 1,900 Grand Valley Transmission Co. (Grand iliary dams ranging between 1 foot 4 feet, each directly connected to a 10,000 Valley) tendered for filing a proposed inches and 8 feet 6 inches in height and kw. generator. (G) Transmission facili change in its FPC Gas Tariff, Original between 9 feet and 140 feet in length in ties consisting of a double circuit 60 kv. Volume No. 1. The filing, which is desig cluding Dam No. 6 with a length of 92 transmission line about 9 miles long con nated Supplement No. 4 to its Rate feet and a maximum height of 6 feet necting El Dorado powerplant to P.G- « Schedule No. 1, would increase the rate which acts as the spillway together with E. Co.’s interconnected transmission sys from 17% cents per Mcf to 18% cents, the main dam; (3) reservoir with an area tem. (H) Appurtenant facilities. Recre to El Paso Natural Gas Co. Based on the of 630 acres at elevation 8,114.3 feet and ational facilities consisting of: (1) Five 12-month period ended September 30, usable storage capacity of 5,180 acre resorts providing cabins, rental boats, feet. (B) Echo Lake (1) an earthfill ce boat launching ramps, docks, and sani 1970, the proposed 1 cent change in tary facilities; (2) a 14-acre day-camp rate would increase jurisdictional rev ment masonry faced dam on Echo Creek, a tributary to the Truckee River, 320 feet commercial recreation area; (3) 5 £r°uP enues by approximately $23,700. Grand long having a maximum height of 14 feet camps; (4) 4 public campgrounds; (5) Valley, pursuant to § 154.22 of the reg and a wave coping wall 2 feet high; (2) a picnic areas; (6) riding stable; (7) nsn- ulations under the Natural Gas Act, re spillway located on the left abutment ing access at Caples Lake auxiliary dam’ quests waiver of the notice requirments of the dam having a width of 21 feet con (3) benches and trash facilities along FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 NOTICES 19721 the shore of El Dorado forebay; (9) dated as of July 1,1947 to Morgan Guar The unsecured promissory notes are Trails to Lake Aloha (Medler Lake); and anty Trust Company of New York and to be issued from time to time, prior access is available from Echo Summit R. E. Sparrow, as Trustees, as supple to December 31, 1973, to lenders, brok on U.S. 50 and Carson Pass on State mented and as proposed to be supple ers, dealers, or direct purchasers of un Highway 88. Future recreation develop mented by a 23d supplemental indenture secured promissory notes, including ment plans include a boat-access camp thereto. The new bonds will bear interest banks and institutional investors. Notes ground at Silver Lake’s Treasure Island, from February 1, 1971, at a rate per in the form of commercial paper will a swimming beach at Sunday Cove, a annum to be fixed by competitive bidding mature in no more than 270 days from fishing access sites at El Dorado forebay and will mature on February 1, 2001. the date of issue, and all other notes landscaping of a 3-acre area east of the Applicant proposes to sell the new bonds will have maturities of less than 1 year Caples Lake Dam and enlarging or im at competitive bidding in accordance from the date of issue. The aggregate proving the two Silver Lake picnic sites with applicable requirements of § 34.1a face amount of such notes to be out and campgrounds. of the Commission’s regulations under standing at any one time is not to ex According to the application; (1) The the Federal Power Act. ceed (i) 25 percent of applicant’s gross project power output is used in appli The net proceeds from the issuance revenues during the preceding 12 months cant’s interconnected electric power sys and sale of the new bonds are proposed of operations, or (ii) $90 million, which tem and to meet also the demands for to be applied to the prepayment of prom ever is less. domestic, industrial, and irrigation water issory notes outstanding under a credit The proceeds from the issuance of the requirements in the local area; (2) the agreement dated December 31, 1969, or notes will be used principally as interim estimated net investment in the project outstanding commercial paper, or both, financing of applicant’s construction is about $6,156,000 as of December 31, and to finance construction expendi program, which will require approxi 1968, which is less than applicant’s esti tures. Applicant’s construction expendi mately $582 million, over the 1971-73 mated fair value; (3) the severence dam tures for 1971 are presently estimated at period. ages in the event of “takeover” by the $120,467,000, most of which it is con Any person desiring to be heard or to United States is not furnished; and (4) templated will be financed through cash make any protest with reference to said annual taxes paid to State and local gov to be internally generated, sale of addi application should, on or before De ernment agencies are estimated to tional bonds and equity securities later cember 28, 1970, file with the Federal amount to $292,000. in 1971, and short-term borrowings. Power Commission, Washington, D.C. Any person desiring to be heard or to Any person desiring to be heard or to 20426, petitions or protests in accord make any protest with reference to said make any protest with reference to said ance with the requirements of the Com application should on or before March 3, application should, on or before Decem mission^ rules of practice and procedure 1971, file with the Federal Power Com ber 30, 1970, file with the Federal Power (18 CFR 1.8 or 1.10). All protests filed mission, Washington, D.C. 20426, peti Commission, Washington, D.C. 20426, with the Commission will be considered tions to intervene or protests in accord petitions or protests in accordance with by it in determining the appropriate ac ance with the requirements of the Com the requirements of the Commission’s tion to be taken but will not serve to mission^ rules of practice and procedure rules of practice and procedure (18 CFR make the protestants parties to the pro (18 CFR 1.8 or 1.10). All protests filed 1.8 or 1.10). All protests filed with the ceeding. Persons wishing to become par with the Commission will be considered Commission will be considered by it in ties to a proceeding, or to participate as by it in determining the appropriate ac determining the appropriate action to a party in any hearing therein must file tion to be taken but will not serve to be taken but will not serve to make the petitions to intervene in accordance with make the Protestants parties to the pro Protestants parties to the proceeding. the Commission’s rules. The application ceeding. Persons wishing to become par Persons wishing to become parties to a is on file with the Commission and avail ties to a proceeding or to participate as proceeding or to participate as a party able for public inspection. a party in any hearing therein must file in any hearing therein must file petitions petitions to intervene in accordance with to intervene in accordance with the G ordon M. Grant, the Commission’s rules. The application Commission’s rules. The application is Secretary. is on file with the Commission and avail on file with the Commission and avail [F.R. Doc. 70-17387; Filed, Dec. 28, 1970; able for public inspection. able for public inspection. 8:46 ajn.] G ordon M.. G rant, Gordon M. Grant, [Docket No. E-7583] Secretary. Secretary. [F.R. Doc, 70-17385; Plied, Dec. 28, 1970; [F.R. Doc. 70-17386; Filed, Dec. 28, 1970: SOUTH CAROLINA ELECTRIC & GAS 8:45 a.m.] 8:46 a.m.) CO. [Docket No. E-7582] Notice of Proposed Rate Schedule [Docket No. E-7581] Changes PACIFIC POWER & LIGHT CO. PENNSYLVANIA POWER & LIGHT D ecember 16, 1970. Notice of Application CO. Take notice that on November 23,1970, D ecember 16, 1970. Notice of Application South Carolina Electric &i Gas Co. (ap plicant) filed a Fuel Cost Adjustment PoT^ke“0tice that on December 7, 1970, D ecember 16, 1970. Clause to be applicable to seven whole cornorCJ° Wer & Light Co- (applicant), a Take notice that on December 4, sale customers, effective January 23, ^ganized under the laws of 1970, Pennsylvania Power & Light Co. 1971. The seven customers affected in °.f Maine and Qualified to business in the States of Ore- (applicant), 901 Hamilton Street, Allen clude three municipalities, and four town, PA 18101, filed an application with rural electric cooperatives. Mom^o°mm?’ Washington, California, the Federal Power Commission pursuant According to applicant, the effect of S “a’ *nd *daho, with its principal to section 204 of the Federal Power Act the proposed rate increase would be a S l ! ? e at Portland, Oreg., filed seeking authority to issue short-term $274,185 or 11.4 percent based upon pro r ^ aPPllCatlon Wlth the Federal Power unsecured Promissory Notes including jections of sales and revenues for the t h T r f 011’ pursuant to section 204 of commercial paper notes. 12 months immediately preceding, and a * aral Power Act, seeking an order Applicant is a Pennsylvania corpora $546,570 or 21.9 percent based upon in i!Prt2ing the issuance of $40 million tion principally engaged in the produc projections of sales and revenues for the ^ Prmcipai amount of its first mortgage tion, purchase, transmission, distribu 12 months Immediately succeeding tion, and sale of electricity in a service January 23, 1971, the date on which the area of approximately 10,000 square new fuel clause is proposed to become and^ni?^ b°nds are to be issued under miles in 29 counties of central eastern effective. Applicant further states that exist^ ^ i t0 applicant’s presently Pennsylvania with an estimated popu the proposed fuel cost adjustment clause 8 mortgage and deed of trust lation of about 2.4 million persons. will increase or decrease monthly bills FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19722 NOTICES for service under the filed wholesale rate operation of an existing meter station Mo., for approval of action to become a schedules as the cost of fossil fuels and appurtenant equipment in Vermilion bank holding company through the ac burned in the company’s generating sta Parish, La., as a point of exchange. The quisition of 80 percent or more of the tions rises above or falls below 30 cents application states that these facilities voting shares of (1) Bank of Concord per million BTU. were constructed and operated under Village, St. Louis County, and (2) Man As justification for the new clause, Ap temporary certificate in Transco’s chester Community Bank, Ballwin, both plicant points to the rapid rise in the Docket No. CP68-116 as a point of pur in Missouri. cost of fuel, comprising more than 50 chase from Florida Gas. Similarly, There has come before the Board of percent of the company’s total electric Florida Gas seeks permanent authori Governors, pursuant to section 3(a)(1) operation and maintenance expenses. zation for the construction and opera of the Bank Holding Company Act of 1956 Copies of the filing have been served on tion of the existing tap, valve and (12 U.S.C. 1842(a) (1)) and § 222.3(a) of customers and interested State regula connecting facilities which it constructed Federal Reserve Regulation Y (12 CFR tory agencies. at this location pursuant to temporary 222.3(a)), an application by Boatmen’s Any person desiring to be heard or to authorization in its Docket No. CP68- Bancshares, Inc., St. Louis, Mo., for the make any protest with reference to said 111. Board’s prior approval of action whereby application should on or before Janu Applicants state that the proposed ex applicant would become a bank holding ary 6, 1971, file with the Federal Power change agreement is designed to serve company through the acquisition of 80 Commission, Washington, D.C. 20426, as a protective measure to insure the percent or more of the voting shares of petitions to intervene or protests in continuity of delivery to customers each of the following banks in Missouri: accordance with the requirements of the served by both Transco and Florida Gas. B8,nk of Concord Village, St. Louis Commission’s rules of practice and pro Any person desiring to be heard or to County, and Manchester Community cedure (18 CFR 1.8 or 1.10). All protests make any protest with reference to said Bank, Ballwin. Applicant presently owns filed with the Commission will be con application should on or before Janu all but directors’ qualifying shares of The sidered by it in determining the appro ary 5, 1971, file with the Federal Power Boatmen’s National Bank of St. Louis, priate action to be taken but will not Commission, Washington, D.C. 20426, a St. Louis, Mo. serve to make the protestants parties to petition to intervene or a protest in As required by section 3(b) of the Act, the proceeding. Persons wishing to be accordance with the requirements of the the Board gave written notice of receipt come parties to a proceeding or to par Commission’s rules of practice and pro of the application to the Commissioner ticipate as a party in any hearing cedure (18 CFR 1.8 or 1.10) and the of Finance for the State of Missouri and therein must file petitions to intervene regulations under the Natural Gas Act requested his views and reconpnenda- in accordance with the Commission’s (18 CFR 157.10). All protests filed with tion. The Commissioner offered no objec rules. The application is on file with the the Commission will be considered by tion to approval of the application. Commission and available for public it in determining the appropriate action Notice of receipt of the application was inspection. to be taken but will not serve to make published in the F ederal R eoister on G ordon M. G rant, the protestants parties to the proceed Secretary. October 17, 1970 (35 F.R. 16345), which ing. Any person wishing to become a provided an opportunity for interested [F.R. Doc. 70-17388; Filed, Dec. 28, 1970; party to a proceding or to participate 8:46 a.m.] as a party in any hearing therein must persons to submit comments and views file a petition to intervene in accordance with respect to the proposed transaction. with the Commission’s rules. A copy of the application was forwarded [Docket No. CP71-158] Take further notice that, pursuant to to the U.S. Department of Justice for its TRANSCONTINENTAL GAS PIPE LINE the authority contained in and subject consideration. The time for filing com CORP. AND FLORIDA GAS TRANS to the jurisdiction conferred upon the ments and views has expired and all MISSION CO. Federal Power Commission by sections 7 and 15 of the Natural Gas Act and the those received have been considered by Notice of Application Commission’s rules of practice and pro the Board. cedure, a hearing will be held without It is hereby ordered, For the reasons D ecember 16, 1970. further notice before the Commission set forth in the Board’s Statement1 of Take notice that on December 8, 1970, on this application if no petition to in this date, that said application be and Transcontinental Gas Pipe Line Corp. tervene is filed within the time required hereby is approved, provided that the (Transco), Post Office Box 1396, herein, if the Commission on its own Houston, TX 77001, and Florida Gas review of the matter finds that a grant action so approved shall not be consum Transmission Co. (Florida Gas), Post of the certificate is required by the pub mated (a) before the 30th calendar Office Box 44, Winter Park, FL 32789, lic convenience and necessity. If a peti day following the date of this order or filed in Docket No. CP71-158 a joint tion for leave to intervene is timely filed, (b) later than 3 months after the application pursuant to section 7(c) of or if the Commission on its own motion date of this order, unless such period is the Natural Gas Act, seeking authoriza believes that a formal hearing is re extended for good cause by the Board, or tion for the exchange and delivery of quired, further notice of such hearing natural gas pursuant to an agreement will be duly given. by the Federal Reserve Bank of St. Louis between the parties dated October 30, Under the procedure herein provided pursuant to delegated authority. 1970, as more fully set forth in the appli for, unless otherwise advised, it will be By order of the Board of Governors,2 cation which is on file with the Commis unnecessary for Applicant to appear or December 22, 1970. sion and open to public inspection. be represented at the hearing. Applicants seek authorization for the [seal] K enneth A. K enyon, exchange of natural gas at existing Gordon M. G rant, Deputy Secretary. points of interconnection between the Secretary. [F.R. Doc. 70-17452; Filed, Dec. 28, 197°: systems of the two companies in St. [F.R. Doc. 70-17389; Filed, Dec. 28, 1970; 8:49 a.m.] Helena and Vermilion Parishes, La., and 8:46 a.m.] at natural gas processing plants and 1 Filed as part of the original document other common points where both Copies available upon request to Transco and Florida Gas take or may in of Governors of the Federal Reserve .’ the future take delivery of gas from FEDERAL RESERVE SYSTEM Washington, D.C. 20551, or to the Federai others. All deliveries will be made on a Reserve Bank of St. Louis. Dissenting Sta BOATMEN’S BANCSHARES, INC.. ment of Governor Robertson filed as Part gas-for-gas basis. the original document and available up Applicants do not presently propose Order Approving Action To Become a request. _ ,lt to construct any additional facilities to Bank Holding Company 2 Voting for this action: Governorsi Mitcn carry out the exchange arrangement. ell, Daane, Maisel, Brimmer, and snerr^ However, Transco seeks permanent au In the matter of the application of Voting against this action: Governor Ro thorization for the construction and Boatmen’s Bancshares, Inc., St. Louis, son. Absent and not voting: Chairman B FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 NOTICES 19723 tive Order 11214 of April 7, 1965, you are di notice is hereby given that requests for rected to prohibit, effective as soon as public hearing as to an application for INTERAGENCY TEXTILE possible, and for the 12-month period be ginning August 31, 1970, and extending renewal may be filed within 15 days after ADMINISTRATIVE COMMITTEE through August 30, 1971, entry into the publication of this notice. Requests for United States for consumption and with public hearing must be completed in ac CERTAIN COTTON TEXTILE PRODUCTS drawal from warehouse for consumption of cordance with 30 CFR Part 505 (35 F.R. PRODUCED OR MANUFACTURED IN cotton textile products in Category 39, pro 11296, July 15, 1970), copies of which HAITI duced or manufactured in the Republic of may be obtained from the Panel on Haiti, in excess of a level of restraint for the request. Entry or Withdrawal From Warehouse period of 20,000 dozen pair.1 A copy of the application is available In carrying out this directive, entries of for Consumption cotton textile products in Category 39 pro for inspection and requests for public D ecember 23,1970. duced or manufactured in the Republic of hearing may be filed in the office of the Haiti and which have been exported to the Correspondence Control Officer, Interim On August 3Î, 1970, the United States United States from the Republic of Haiti Compliance Panel, Suite 800, 1730 K Government requested the Government prior to August 31, 1970, shall not be subject Street NW., Washington, DC 20006. of the Republic of Haiti to enter into to this directive. consultations concerning exports to the Cotton textile products- which have been George A. H ornbeck, United States of cotton textile products released from the custody of the Bureau of Chairman, in Category 39 produced or manufac Customs under the provisions of 19 U.S.C. Interim Compliance Panel. 1448(b) prior to the effective date of this tured in the Republic of Haiti. In that December 22, 1970. request the United States Government directive shall not be denied entry under this directive. [F.R. Doc. 70-17427; Filed, Dec. 28, 1970; indicated the specific level at which it A detailed description of Category 39, in 8:47 a.m.] considered that exports in. this category terms of T.S.U.S.A. numbers was published from the Republic of Haiti should be in the F ederal Register on January 17, 1968 restrained for the 12-month period be (33 F.R. 582), and amendments thereto on ginning August 31, 1970 and extending March 15,1968 (33 F.R. 4600). through August 30, 1971. Since no solu In carrying out the above directions, entry SECURITIES AND EXCHANGE tion has been mutually agreed upon the into the United States for consumption shall United States Government in further be construed to Include entry for consump tion into the Commonwealth of Puerto Rico. COMMISSION ance of the objectives of, and under the The actions taken with respect to the [File No. 1-3421] terms of, the Long-Term Arrangement Government of the Republic of Haiti and Regarding International Trade in Cotton with respect to imports of cotton textiles and CONTINENTAL VENDING MACHINE Textiles done at Geneva on February 9, cotton textile products from the Republic CORP. 1962, including Article 3, paragraph 3 of Haiti have been determined by the Presi and Article 6(c) which relates to non dent’s Cabinet Textile Advisory Committee Order Suspending Trading participants, is establishing restraint at to involve foreign affairs functions of the the level indicated In that request United States. Therefore, the directions to December 21,1970. for the 12-month period beginning Au the Commissioner of Customs, being neces It appearing to the Securities and Ex gust 31, 1970 and extending through sary to the implementation of such actions, change Commission that the summary fall within the foreign affairs exception to suspension of trading in the common August 30, 1971. This restraint does not •the notice provisions of 5 U.S.C. 553 (Supp. apply to cotton textile products in Cate V, 1965-69). This letter will be published in stock, 10 cents par value of Continental gory 39, produced or manufactured in the F ederal R egister. Vending Machine Corp., and the 6 per the Republic of Haiti exported to the cent convertible subordinated debentures Sincerely, due September 1, 1976, being traded United States prior to the beginning of Maurice H. Stans, the designated 12-month period. Secretary of Commerce, Chairman, otherwise than on a national securities There is published below a letter of President’s Cabinet, Textile Ad exchange is required in the public in December 18,1970, from the Chairman of visory Committee. terest and for the protection of investors; the President’s Cabinet Textile Advisory [F.R. Doc. 70-17476; Filed, Dec. 28, 1970; It is ordered, Pursuant to section 15 Committee to the Commissioner of Cus 8:51 a.m.] (c) (5) of the Securities Exchange Act of toms, directing that the amount of cotton 1934, that trading in such securities textile products in Category 39, produced otherwise than on a national securities or manufactured in the Republic of exchange be summarily suspended, this Haiti, which may be entered or with INTERIM COMPLIANCE PANEL order to be effective for the period De drawn from warehouse for consumption cember 22, 1970 through December 31, m the United States for the 12-month 1970 both dates inclusive. period beginning August 31, 1970, be (COAL MINE HEALTH AND By the Commission. limited to the designated level. SAFETY) [seal] Orval L. D uBois, Stanley Nehmer, Secretary. Chairman, Interagency Textile WINDING GULF COALS, INC. Administrative Committee, [F.R. Doc. 70-17431; Filed, Dec. 28, 1970; hnd Deputy Assistant Secre Application for Renewal Permit; 8:47 a.m.] tory for Resources, Notice of Opportunity for Public T he Secretary of Commerce Hearing [811-2007] Washington, D.C. 20230 Application for Renewal Permit for CORNERSTONE FUND, INC. president s cabinet textile advisory Noncompliance with the Interim Manda ' Notice of Filing of Application for COMMITTEE tory Dust Standard (3.0 mg./m3) has been received as follows: Order Declaring That Applicant Has S “ wKSIONER OF Customs, Treasury, ICP Docket No. 10317, Winding Gulf Coals, Ceased To Be an Investment Com Washington, D.C, 20226. * Inc., Eccles No. 6 Mine, USBM ID No. 46 01514 pany 0, Eccles, Raleigh County, W. Va., Section ID n_.„ December 18,1970. No. 002 (7 rt.—2 North). December 21, 1970. of S e w ,5^MMISSIONER: UndCT the tern Notice is hereby given that Corner hiternat^nfi'Tv^ Arrangement Regardii In accordance with the provisions of stone Fund, Inc. (Applicant), 55 Broad at Geneva 111 Cotton Textiles doi section 202(b)(4) of the FederaT Coal Street, New York, NY 10004, a Delaware Article flfel f®bruary 9, 1962, includii Mine Health and Safety Act of 1969 (83 corporation registered as an open-end P « l“paMs " » “ tog to noi Stat. 742, et seq., Public Law 91-173), diversified investment company under Procedureaccordance w ith tl the Investment Company Act of 1940 °f S e p te m b e i^ S i? Executlve IKK °er as, 1962, as amended by Execi 1 This level has not been adjusted to reflect (Act) has filed an application pursuant any entries made on or after Aug. 31, 1970. to section 8 (f) of thè Act for an order of No. 251-— io FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19724 NOTICES the Commission declaring that Applicant the date of the hearing (if ordered) and $635,000 principal amount of current has ceased to be an investment company any postponements thereof. maturities and sinking fund require as defined in the Act. All interested per For the Commission, by the Division ments on long-term debt. The open- sons are referred to the application on of Corporate Regulation, pursuant to account advances and the notes payable file with the-Commission for statements delegated authority. to Northeast are subordinated as to prin of the representations set forth therein cipal and interest to all debt securities [seal] Orval L. D uB ois, which are summarized below. Secretary. heretofore issued and sold, or which may Applicant registered under the Act on hereafter be issued and sold, by Rocky January 20,1970. On the same date, Ap [F.R. Doc. 70-17430; Filed, Dec. 28, 1970; River to nonaffilated persons, and the plicant filed a registration statement on 8:47 a.m.] notes are additionally subordinated to Form S-5 (File No. 2-36034) under the the advances from the associate Securities Act of 1933 for the purpose of [70-4537] operating companies. publicly offering 2,500,000 shares of its The applicants-declarants state that capital stock. Subsequently, Applicant’s ROCKY RIVER REALTY CO. ET AL. it is desired to extend Rocky River’s real officers and directors concluded that it estate functions, particularly for acquisi was not advisable to make an offering Supplemental Order Authorizing Non- tions of land and land rights to accom of its securities and, therefore, filed an utility Subsidiary of Registered modate future expansion of generating application with the Commission under Holding Company To Issue and Sell and transmission capacity. For this the Securities Act for withdrawal of the Additional Subordinated Notes to reason, applicants-declarants request registration statement on Form S-5.1 Parent Holding Company that the authorization under the order of Applicant has issued no securities and October 24, 1967, be increased from has no assets or shareholders. D ecember 21,1970. $1,500,000 to a maximum principal Section 3(c)(1) of the Act states, as The Rocky River Realty Co. (Rocky amount of $10,000,000 to be at any one here pertinent, that any issuer whose River), a nonutility subsidiary company time outstanding. The additional 40-year outstanding securities (other than short of Northeast Utilities (Northeast), West subordinated notes will carry the same term paper) are beneficially owned by Springfield, Mass., a registered holding terms and provisions as the notes not more than 100 persons and which is company, The Connecticut Light and heretofore authorized. not making and does not presently pro Power Co. (CL&P), Hartford, Conn., an No State commission and no Federal pose to make a public offering of its electric utility subsidiary company of commission, other than this Commission, securities is not an investment company Northeast and an exempt holding com has jurisdiction over the proposed within the meaning of the Act. pany, have filed with this Commission transactions. certain post-effective amendments to Due notice of the filing of the said Section 8(f) of the Act states, as here their amended joint application-declara amended joint application-declaration pertinent, that whenever the Commission tion in this matter pursuant to the pro has been given in the manner prescribed upon application finds that a registered visions of sections 6, 7, 9, 10, 12 (b), (c), in Rule 23 promulgated under the Act investment company has ceased to be an and (f), and 13(b) of the Public Utility (Holding Company Act Release No. investment company, it shall so declare Holding Company Act of 1935 (Act) and 16927), and no hearing has been re by order and upon the taking effect of Rules 43, 87, and 88 promulgated there quested of or ordered by the Commission. such order the registration of such com under regarding the following proposed Upon the basis of the facts in the record, pany shall cease to be in effect. transactions. it is hereby found that the applicable Notice is further given that any in Rocky River was authorized by the standards of the Act and the rules there terested person may, not later than Jan Commission’s order dated October 24, under are satisfied and that no adverse uary 7, 1971, at 5:30 p.m., submit to the 1967 (Holding Company Act Release No. findings are necessary; and that it is Commission in writing a request for a 15884) to engage in the business of ac appropriate in the public interest and in hearing on the matter accompanied by quiring, maintaining, and disposing of the interest of investors and consumers a statement as to the nature of his in real property in connection with the that the said amended joint application- terest, the reason for such request, and utility and related operations of associate declaration be granted and permitted to the issues, if any, of fact or law proposed companies in the Northeast holding- become effective: to be controverted, or he may request company system. To provide the working It is ordered, pursuant to the appli that he be notified if the Commission capital required primarily to finance the cable provisions of the Act and rules should order a hearing thereon. Any such acquisition from time to time of land thereunder, That the said amended joint communication should be addressed: and land rights for electric generating application-declaration be, and it hereby Secretary, Securities and Exchange Com and transmission sites, Rocky River was is, granted and permitted to become mission, Washington, D.C. 20549. A copy authorized by the terms of the 1967 order effective forthwith, subject to the terms of such request shall be served personally to issue and sell to Northeast, and North and conditions prescribed in Rule 24 or by mail (airmail if the person being east was authorized to acquire, up to a promulgated under the Act. served is located more than 500 miles maximum principal amount of $1,500,000 For the Commission, by the Division from the point of mailing) upon Appli to be at any one time outstanding of its of Corporate Regulation, pursuant to cant at the address stated above. Proof 40-year unsecured notes bearing interest delegated authority. of such service (by affidavit or in case of at a rate one-fourth of 1 percent above an attorney at law by certificate) shall [seal] Orval L. D uBois, the commercial bank prime rate for Secretary. be filed contemporaneously with the short-term loans in Hartford, Conn. As request. At any time after said date, as of October 31, 1970, the outstanding [F.R. Doc. 70-17432; Filed, Dec. 28, 1970; provided by Rule 0-5 of the rules and capitalization and surplus of Rocky 8:47 a.m.] regulations promulgated under the Act, River, including short-term debt, con an order disposing of the application sisted of $114,693 stated value of capital herein may be issued by the Commission stock and surplus, $1,058,750 principal upon the basis of the information stated amount of 40-year notes and $2,045,000 SMALL BUSINESS in said application, unless an order for principal amount of 5-year notes, all of hearing upon said application shall be which are owned by Northeast, $5,326,278 ADMINISTRATION issued upon request or upon the Commis principal amount of noninterest bearing FIRST CUMBERLAND INVESTMENTS sion’s own motion. Persons who request a open account advances from CL&P and hearing or advice as to whether a hearing two associate electric utility companies, INC. is ordered will receive notice of further $2,067,000 aggregate principal amount of Notice of Application for a License os developments in this matter, including first mortgage bonds owned by institu a Small Business Investment Compony tional investors, $12,915,000 principal 1 The registration statement was with amount of other long-term debt held Notice is hereby given conceiràng ti*® drawn on Aug. 7, 1970. principally by commercial banks, and filing of an application with the o«1 FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 NOTICES 19725 Business Administration (SBA) pur of the management and the probability made solely in small business concerns suant to § 107.102 of the regulations gov of successful operation of the company which will contribute to a well-balanced erning small business Investment com under their management, including ade national economy by facilitating owner panies (regulations) (33 F.R. 326,13 CFR quate profitability and soundness, in ac ship in such concerns by persons whose Part 107) under the name of First Cum cordance with the Act and regulations. participation in the free enterprise sys berland Investments, Inc., 19 South Jef Notice is further given that any in tem is hampered because of social or ferson, Room 204, Cookeville, TN 3.8051, terested person may, not later than ten economic disadvantages. for a license to operate in the State of (10) days after the date of publication Matters involved in SBA’s considera Tennessee as a small business investment of this notice, submit in writing, rele tion of the applicant include the general company under the provisions of the vant comments on the proposed com business reputation and character of the Small Business Investment Act of 1958, as pany to the Associate Administration for proposed owner and management, and amended (Act) (15 U.S.C. 661 etseq.). Investment, Small Business Administra the probability of successful operation of All of the applicant's capital stock will tion, 1441 L Street NW., Washington, DC the applicant under their management, be owned by 20 banks in the 14-county 20416. including adequate profitability and fi Upper Cumberland District of Tennessee. A copy of this notice shall be published nancial soundness, in accordance with Each of the banks own less than 10 per in a newspaper of general circulation the Small Business Investment Act and cent of the voting securities of the appli in Nashville, Tenn. the SBA Regulations. cant, except four banks which each own James T homas P helan, Any interested person may, not later 10 percent. They are: Acting Associate Administrator than 10 days from the date of publica First National Bank of Livingston, 214 East for Investment. tion of this notice, submit to SBA, in Main St., Livingston, TN 38570. writing, relevant comments on the pro First National Bank of Cookeville, Number 1 D ecember 14, 1970. posed MESBIC. Any such communica South Jefferson St., Cookeville, TN 38501. [F.R. Doc. 70-17485; Filed, Dec. 28, 1970; tion should be addressed to the Associate Commerce Union Bank, Sparta Office, Sparta, Tenn. 38583. 8:49 am.] Administrator for Investment, Small Smith County Bank, Post Office Drawer 199, Business Administration, 1441 L Street Carthage, TN 37030. NW., Washington, DC 20416. [License No. 01/01-5070] A copy of this notice shall be pub The officers and directors of the appli NORTH AMERICAN MESBIC, INC. lished in a newspaper of general circula cant are as follows: tion in Boston, Mass. Bussell Pitchford, 506 East Jefferson Ave., Notice of Application for a License as Carthage, TN 37030, President and Director. a Minority Enterprise Small Busi J ames Thomas P helan, Jack P. Ray, 208 Hoyte Ave., Monterey, TN Acting Associate Administrator 38574, Vice President and Director. ness Investment Company for Investment. Carsie K. Spry, R.F.D. 1, McMinnville, TN An application for a license to operate D ecember 16,1970. 37210, Secretary, Treasurer, and Director. as a minority enterprise small business Clyde M. King, R.F.D. 1, Celina, TN 38551, [F.R. Doc. 70-17456; Filed, Dec. 28, 1970; Director. investment company (MESBIC) under 8:49 a.m.] Travis R. Anderson, 117 Goodpasture, Living the provisions of the Small Business In ston, TN 38570, Director. vestment Act of 1958, as amended (15 Harold B. Roney, 108 Post Rd., McMinnville, U.S.C. 661 et seq.), has been filed by [Delegation of Authority No. 30-C (Region TN 37210, Director. North American MESBIC, Inc. (appli X) (Amdt. 3) ] James L. Swain, 3541 Pleasant Valley Rd., cant) with the Small Business Admin Nashville, TN 37204, Director. REGIONAL DIVISION CHIEFS ET AL. Alvin H. Huddeston, R.F.D. 5, Livingston, TN istration (SBA) pursuant to § 107.102 of 38570, Director. the SBA Regulations governing small Delegation of Authority To Conduct Joe R. Law, R.FD. 2, WEltleyville, TN 38588, business investment companies (13 CFR Program Activities in Region X Director. Part 107; 33 F.R. 326). Edgar W. Evins, Route 7, Lebanon, TN 370i The officers and directors of the appli Pursuant to the authority delegated to Director. cant are as follows: the Regional Director by Delegation of Charles R. Miller, 693 Pickard Ave., Cook Authority No. 30-C, 35 F.R. 2840, as ville, TN 38501, Director. James D. Peters, 580 Cummins Highway, Apt. amended (35 F.R. 15033, 35 F.R. 17156), U‘ L- (Tommy) Lynn, Jr., 805 Pickard Av 1, Mattapan, MA 02126, President and redelegated authority published in 35 Cookeville, TN 38501, Director. Director. F.R. 4574, as amended (35 F.R. 13809 and Moses Elmo Lane Dorton, 904 Webb Av Donald T. Ellis, 16 Suffolk Rd., Wellesley Crossvine, TN 38555, Director. Hills, MA 02181, Director. 35 F.R. 18766) is hereby amended by ^ayron W. Asberry, West Main St., Byrd Howard N. Smith, Jr., 3 Reservoir Rd., Way- adding I. J. to read as follows : town, TN 38549, Director. land, MA 01778, Treasurer and Director. I. Regional Division Chiefs. * * * Russell G. Simpson, 76 Brook Hill Rd., Mil- ***** 1303 s ylvan Dr., Lafayette, 1 ton, MA 02186, Clerk—Secretary. o/0o3, Director. J. Chief, Procurement and Manage Woodland Ave-> Jamestow TN 38556, Director. The applicant, a Massachusetts corpo ment Assistance Division. 1. To take all Chitwood, Lafayette Rd., Red Boi ration with its principal place of busi necessary actions in connection with the f j Sp* ngs’ TN 37150, Director. ness located at 114 State Street, Boston, administration and management of J5; Cowan, 704 Brown Ave., Cook MA 02109, will begin operations with grants, agreements, and contracts exe ille, TN 38501, Director. $152,500 of paid-in capital, consisting of cuted by the Associate Administrator for 1525 shares of common stock. All of the Procurement and Management Assist issued and outstanding stock will be ance under the authority granted in sec ’» w .S S . 122 ““ sp»t owned by North American Development tion 406 of the Economic Opportunity Corp., a Massachusetts corporation, with Amendments of 1967, except changes, i compsuy win have an initial C£ a place of business located at 114 State amendments, modifications, or termina on ito $1.50’00(> and will cai Street, Boston, MA 02109, and engaged tion of the original grant, agreement, or Cumh.T1^ 118 m the 14_county Up] in the acquisition and rehabilitation of contract. of Tennessee a low and moderate-income housing, and * ’ * .* * * f its investments to that ar related manufacturing, industrial and Effective date : November 9,1970. «»y P a r tic u S to d u X 1 3 taTestmente commercial businesses. Applicant will not concentrate its in Forbes M. B ruce, SBA’s considei vestments in any particular industry. Regional Director, Region X. eral busine«!^1*08’!'1*?1 ^nelude the ge According to the company's stated in [F.R. Doc. 70-17454; Filed, Dec. 28, 1970; reputation and charac vestment policy, its investments will be 8:49 a.m.] FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19726 NOTICES ing: Animal and poultry feed and feed ducts, and articles distributed by meat INTERSTATE COMMERCE ingredients, from Chickasha, Okla., to packinghouses as described in Section A Amarillo and Hereford, Tex., for 180 of Appendix I, to the report in Descrip days. Supporting shipper: C. H. DeKesel, tions in Motor Carrier Certificates, 61 COMMISSION Manager of Transportation, Farmland M.C.C. 209 and 766, and pizza and pizza [Notice 217] Industries, Inc., Post Office Box 7305, products, from Denver, Colorado Springs, MOTOR CARRIER TEMPORARY Kansas City, MO 64116. Send protests Greeley, and Fort Morgan, Colo., to points AUTHORITY APPLICATIONS to: C. L. Phillips, District Supervisor, in Montana, Oregon, Idaho, and Wash Interstate Commerce Commission, Bu ington, for 180 days. Supporting ship December 23,1970. reau of Operations, Room 240, Old Post pers: American Beef Packers, Inc., Post The following are notices of filing of Office Building, 215 Northwest Third, Office Box 881, Fort Morgan Colo., Foster applications for temporary authority un Oklahoma City, OK 73102. Frosty Foods, Inc., 1421 Oneida Street, der section 210a(a) of the Interstate No. MC 74857 (Sub-No. 32 TA), filed Denver, Colo. 80220, Hardee Products, Commerce Act provided for under the December 16, 1970. Applicant: FULLER Inc., 2462 West Second Avenue, Denver, new rules of Ex Parte No. MC-67 (49 MOTOR DELIVERY CO., 802 Plum Colo. 80223, Johhson Food Co., Post Office CFR Part 1131) published in the F ederal Street, Cincinnati, OH 45202 (Ohio cor Box 1269, Colorado Springs, Colo. 80901, R egister, issue of April 27,1965, effective poration) . Applicant’s representative: Montfort Packing Co., Box G, Greeley, July 1, 1965. These rules provide that John Wood II (same address as above). Colo. 80631. Send protests to: E. J. protests to the granting of an applica Authority sought to operate as a contract Casey, District Supervisor, Bureau of tion must be filed with the field official carrier, by motor vehicle, over irregular Operations, Interstate Commerce Com named in the F ederal R egister publica routes, transporting: Salt, in bulk, in mission, 6130 Arcade Building* Seattle, tion, within 15 calendar days after the dump vehicles, and in bags, for the ac WA 98101. date of notice of the filing of the ap count of Diamond Crystal Salt Co., from No. MC 117883 (Sub-No. 145 TA) filed plication is published in the F ederal Portsmouth, Ohio, and Cincinnati, Ohio, December 16, 1970. Applicant: SUBLER R egister. One copy of such protests must to points in Bland, Buchanan, Dicken TRANSFER, INC., 791 East Main Street, be served on the applicant, or its au son, Grayson, Lee, Russell, Scott, Smyth, Post Office Box 62, Versailles, OH 45380. thorized representative, if any, and the Tazewell, Washington, Wise, and Wythe Applicant’s representative: Edward J. protests must certify that such service Counties, Va., for 180 days. Supporting Subler (same address as above). Author has been made. The protests must be shipper: Diamond Crystal Salt Co., St. ity sought to operate as a common car specific as to the service which such pro- Clair, MI 48079. Send protests to: Emil P. rier, by motor vehicle, over irregular testant can and will offer, and must con Schwab, District Supervisor. Interstate routes, transporting: Frozen bakery sist of a signed original and six copies. Commerce Commission, Bureau of Oper goods, from Lexington and Watertown, A copy of the application is on file, and ations, 5514-B Federal Building, 550 Mass., to points in Illinois, Indiana, Iowa, can be examined at the Office of the Sec Main Street, Cincinnati, OH 45202. Kentucky, Kansas, Michigan, Minnesota, retary, Interstate Commerce Commis No. MC 107295 (Sub-No. 476 TA), filed Missouri, Maryland, Ohio, Pennsylvania, sion, Washington, D.C., and also in December 18,1970. Applicant: PRE-FAB West Virginia, Wisconsin, and Washing field office to which protests are to be TRANSIT CO,, Post Office Box 146, 100 ton, D.C., for 180 days. Supporting ship transmitted. South Main Street, Farmer City, IL per: Bakeri Products, Inc., 315 Marrett M otor Carriers of P roperty 61842. Applicant’s representative: Dale Road, Lexington, MA 02173. Send pro L. Cox (same address as above). Author tests to: Emil P. Schwab, District Super No. MC 13806 (Sub-No. 38 TA), filed ity sought to operate as a common car visor, Bureau of Operations, Interstate December 18, 1970. Applicant: VIR rier, by motor vehicle, over irregular Commerce Commisison, 5514-B Federal GINIA HAULING CO., Mail: Post Office routes, transporting: Doors, from Elk Building, 550 Main Street, Cincinnati, Box 9525, Lakeside Station, Richmond, hart, Ind., to Ironwood, Mich., for 180 OH 45202. VA 23228, Office: Mountain Road, Glen days. Supporting shipper: Schult Mobile No. MC 124679 (Sub-No. 38 TA) filed Allen, VA 23060. Applicant’s representa Home Corp., Elkhart, Ind. Send protests December 16, 1970. Applicant: C. R. tive: Daniel B. Johnson, 716 Perpetual to: Harold Jolliff, District Supervisor, ENGLAND & SONS, INC., 228 West Fifth Building, 1111 E Street NW., Washing Interstate Commerce Commission, Bu South, Salt Lake City, UT 84101. Author ton, DC 20004. Authority sought to oper reau of Operations, Room 476, 325 West ity sought to operate as a common car ate as a common carrier, by motor vehi Adams Street, Springfield, IL 62704. rier, by motor Vehicle, over irregular cle, over irregular routes, transporting: No. MC 114457 (Sub-No. 96 TA), filed routes, transporting: Blood plasma, hu Wood fibreboard, wood fibreboard faced December 18, 1970. Applicant: DART man, from Salt Lake City, Utah, to or finished with decorative and/or pro TRANSIT CO., a corporation, 780 North Berkeley, Calif., for 180 days. Supporting tected material, and accessories and sup Prior Avenue, St. Paul, MN 55104. Appli shipper: Cutter Laboratories, Inc., plies used in the installation thereof (ex cant’s representative: Robert P. Sack, Fourth and Parker Streets, Berkeley, CA cept in bulk) from the plantsite ware Post Office Box 6010, West St. Paul, MN 94710. (Lester T. Fitzsimmons, Traffic house and storage facilities of Evans 55118. Authority sought to operate as a Manager.) Send protests to: John T. Products Co., at or near Doswell, Han common carrier, by motor vehicle, over Vaughan, District Supervisor, Interstate over County, Va., to points in North irregular routes, transporting: Contain Commerce Commission, Bureau of Oper Carolina, Virginia, West Virginia, Dis ers and ends, metal, from Elwood, Ind., ations, 5239 Federal Building, Salt Lake trict of-’Columbia, Maryland, Delaware, to Omaha, Nebr., for 180 days. Support City, UT 84111. Pennsylvania, New Jersey, New York, ing shipper: Continental Can Co., Inc., No. MC 125440 (Sub-No. 9 TA), filed Connecticut, Rhode Island, Massachu Chicago, 111. Send protests to: District December 18, 1970. Applicant: JULES setts, and Ohio, for 180 days. Support Supervisor A. E. Rathert, Interstate TISCHLER and PAUL JOHNSON, do ing shipper: Evans Products Co., 2200 Commerce Commission, Bureau of Oper ing business as RARITAN MOTOR EX East Devon Avenue, Des Plaines, IL ations, 448 Federal Building and U.S. PRESS, 129 Lincoln Boulevard, Middle 60018. Send protests to: Robert W. Wal Courthouse, 110 South Fourth Street, sex, NJ 08846. Applicant’s representative: dron, District Supervisor, Interstate Minneapolis, MN 55401. Bert Collins, 140 Cedar Street, New Commerce Commission, Bureau of Oper No. MC 117589 (Sub-No. 16 TA) filed York, NY 10006. Authority sought to op ations, 10-502 Federal Building, Rich December 16, 1970. Applicant: PROVI- erate as a contract carrier, by motor ve mond, VA 23240. SIONERS FROZEN EXPRESS, INC., hicle, over irregular routes, transport No. MC 40270 (Sub-No. 10 TA), filed 2535 Airport Way South, Seattle, WA ing: Prestressed concrete panels together December 17, i.970. Applicant: CRABBS 98134. A p p lican t’s representative: with materials, supplies, and equipment, TRANSPORT, INC.', Route No. 2, Post George R. LaBissioniere, 1424 Washing for the account of Granité Research In- Office Box 3486, Enid, OK 73701. Appli cant’s representative: A. J. Crabbs (same ton Building, Seattle, WA 98101. Au dustries, Inc., from Somerville, Mass., to address as above). Authority sought to thority sought to operate as a common New York, N.Y. Supporting shipper: operate as a common carrier, by motor carrier, by motor vehicle, over irregular Granite Research Industries, Inc., 26 vehicle, over irregular routes, transport routes, transporting: Meat, meat pro Chestnut Street, Somerville, MA 02143. FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 NOTICES 19727 Sent protests to: District Supervisor ations, Post Office Box 2340, Fargo, ND Santa Fe Springs, Calif., and Chicago, Robert S. H. Vance, Bureau of Opera 58102. 111. (return of returned and rejected tions, Interstate Commerce Commission, No. MC 133725 (Sub-No. 6 TA), filed shipments of said commodities, from 970 Broad Street, Newark, NJ 02143. December 17, 1970. Applicant: SAME above destinations to Clarksburg, No. MC 127871 (Sub-No. 2 TA) (Cor DAY TRUCKING CO., INC., 400 Newark W. Va.) and from points in Calhoun rection), filed December 1, 1970, and Avenue, Piscataway, NJ 08854. Appli County, Ala., to points in Texas, Okla published F ederal R egister issue De cant’s representative: Paul Keeler, Post homa, Louisiana, and Florida, and (re cember 10, 1970, and republished as cor Office Box 253, South Plainfield, NJ turn of returned and rejected shipments rected this issue. Applicant: TRANS 07080. Authority sought to operate as a of said commodities, from above desti SUPPLY, INC., Post Office Box 210, 207 contract carrier, by motor vehicle, over nations to Calhoun County, Ala.) for North Main Street, Mercersburg, PA irregular routes, transporting: Tailpipes, 180 days. Supporting shippers: Wallace 17236. Applicant’s representative: Chris- exhaust pipes, shock absorbers, brake Metal Products, Inc., South Eighth and tain V. Graf, 407 North Front Street, parts, mufflers, and automotive parts and O Streets, Richmond, IN 47374, Clarks Harrisburg, PA 17101. Note: The purpose materials used in the installation of such burg Casket Co., Clarksburg, W. Va. Send of this partial republication is to show commodities, from North Brunswick, protests to: James W. Habermehl, Dis the duration of days (150 days) which N.J., to points in the District of Colum trict Supervisor, Interstate Commerce was inadvertently omitted from previous bia and points in Virginia on and east of Commission, 802 Century Building, 36 publication. The rest of publication Highway 15, for 150 days. Supporting South Pennsylvania Street, Indianapolis, remains as previously published. shipper: Midas Inc., 1575 Jersey Avenue, IN 46204. No. MC 128589 (Sub-No. 1 TA), filed North Brunswick, NJ 08902. Send pro No. MC 135182 TA, filed December 17, December 16, 1970. Applicant: BEEGEE tests to: District Supervisor, Robert S. 1970. Applicant: TRANS-WAYS CO., TRANSPORTATION CORP., 46-81 Met H. Vance, Bureau of Operations, Inter Moscow, PA 18444. Applicant’s represent ropolitan Avenue, Brooklyn, NY 11237. state Commerce Commission, 970 Broad ative: George A. Olsen, 69 Tonnele Ave Applicant’s representative: E. Bowes, 744 Street, Newark, NJ 07102. nue, Jersey City, NJ 07306. Authority Broad Street, Newark, NJ 07102. Au No. MC 133796 (Sub-No. 5 TA), filed sought to operate as a contract carrier, thority sought to operate as a contract December 16, 1970. Applicant: GEORGE by motor vehicle, over irregular routes, carrier, by motor vehicle, over irregular APPEL, 249 Carverton Road, Trucksville, transporting: Materials, supplies, and routes, transporting: Pianos, electronic PA 18708. Applicant’s representative: products used in or produced by the food organs, electronic instruments and sys Kenneth R. Davis, 999 Union Street, processing industry, for the account of tems, and parts thereof, from New York, Taylor, PA 18517. Authority sought to Welch Foods, Inc., between Erie and N.Y., and the Gimbel Bros. Stores at operate as a common carrier, by motor North East, Pa., Westfield, Dunkirk, Buf Yonkers, Valley Stream, and Roosevelt vehicle, over irregular routes, transport falo, and Newark, N.Y., on the one hand, Field, N.Y., and Paramus, N.J., to points ing: Polyethylene plastic pipe and tub and, on the other, points in New Jersey, in Connecticut, New Jersey, and Penn ing, from Los Angeles, Calif., to Penn- New York, and Pennsylvania, for 150 sylvania east of Route 15, for 180 days. sauken and Elizabeth, N.J., Syracuse, days. Supporting shipper: Welch Foods, Supporting shipper: The Wurlitzer Co., Liverpool, Albany, and Spring Valley, Inc., Westfield, N.Y. 14787. Send protests 120 West 42d Street, New York, NY 10036. N.Y., Hapeville, Ga., Greenburg, N.C., and to: Paul J. Kenworthy, District Super Send protests to: Robert E. Johnson, Dis Lakeland, Fla., for 180 days. Supporting visor, Interstate Commerce Commission, trict Supervisor, Interstate Commerce shipper: The Flintkote Co., Post Office Bureau of Operations, 309 U.S. Post Of Commission, Bureau of Operations, 26 Box 60110, Terminal Annex, Los Angeles, fice Building, Scranton, PA 18503. Federal Plaza, New York, NY 10007. CA 90060. Send protests to: Paul J. Ken No. MC 135185 TA, filed December 18, No. MC 128909 (Sub-No. 15 TA) (Cor worthy, District Supervisor, Bureau of 1970. Applicant: COLUMBINE CAR rection) , filed December 4,1970, and pub Operations, Interstate Commerce Com RIERS, INC., 2700 23d Avenue, Council lished F ederal R egister issue Decem mission, 309 U.S. Post Office Building, Bluffs, IA 51501. Applicant’s representa ber 16,1970, and republished as corrected Scranton, PA 18503. tive: David R. Parker, Post Office Box this issue. Applicant: COMMODORE No. MC 135131 (Sub-No. 2 TA), filed 82028, Lincoln, NE 68501. Authority CONTRACT CARRIERS, INC., 8712 December 16, 1970. Applicant: LONG sought to operate as a contract carrier, by West Dodge Road, Suite 4000, Omaha, BROTHERS TRUCKING, INC., 429 Jo motor vehicle, over irregular routes, NE 68114. Applicant’s representative: sephine Drive, Billings, MT 59101. Ap transporting: Meats, meat products and Donald L. Stem, 630 City National Bank plicant’s representative: James T. John meat byproducts, and articles distribu Building, Omaha, NE 68102. N ote: The son, 1600 IBM Building, Seattle, WA ted by meat packinghouses as defined in purpose of this partial republication is 98101. Authority sought to operate as a sections A and C of appendix I to the to show the duration of days (180 days) common carrier, by motor vehicle, over report in Descriptions in Motor Carrier which was inadvertently omitted in the irregular routes, transporting: Buildings Certificates, 61 M.C.C. 209 and 766, from previous publication, the rest of publica in sections, including doors, windows, plantsite and storage facilities of Beef- tion remains as previously published. hardware, and miscellaneous in the same land International, Inc., at or near Coun No. MC 129486 (Sub-No. 3 TA), filed vehicle and as a part of the same ship cil Bluffs, Iowa, and Omaha, Nebr., to December 18, 1970. Applicant: PAGE ment with the buildings in sections, from points in Maine, Vermont, New Hamp TRUCKING COMPANY, INC., Box 14, Chehalis, Wash., to points in Montana shire, Connecticut, Massachusetts, Rhode Hmes, MN 56647. Applicant’s representa and Wyoming, for 180 days. Supporting Island, New York, Pennsylvania, New tive: Gene P. Johnson, Van osdel, Foss, shipper: West Coast Mills, Inc., Post Of Jersey, Maryland, Delaware, Washington, Johnson & Miller, 502 First National fice Box 480, Chehalis, WA 98532. Send District of Columbia, and Virginia, re uank Building, Fargo, ND 58102. Author- protests to: Paul J. Labane, District Su stricted to traffic originating at the y sought to operate as a contract car- pervisor, Interstate Commerce Commis named origin points and destined to “y motor vehicle, over irregular sion, Bureau of Operations, Room 251 points in named States, for 180 days. no ■j transporting: Such merchandise U.S. Post Office Building, Billings, MT Supporting shipper: Beefland Interna nJ* ky retail and wholesale food 59101. tional, Inc., Post Office Box 959, 2700 23d ana grocery business houses, from Ches- No. MC 135152 (Sub-No. 1 TA), filed Avenue, Council Bluffs, IA 51501. Send Jacksonville, 111., Sioux City, December 18, 1970. Applicant: CASKET protests to: Carroll Russell, District difl«or^vnosha’ Wis-’ s t - Louis, Mo., In- DISTRIBUTORS, INC., Rural Route No. lanapohs, Ind., Crete, Nebr., Milburg, Supervisor, Bureau of Operations, Inter 2, Harrison, OH. Applicant’s representa state Commerce Commission, 705 Federal City’ Kans> to the fa- tive: Jack B. Josselson, Atlas Bank Build Office Building, Omaha, NE 68102. ThJfp0? L- Hartz Wholesale, Inc., at ing, Cincinnati, Ohio 45202. Authority No. MC 135186 TA, filed December 18, Si7~* ^ ver Palls, Minn., for 180 days. sought to operate as a common carrier> 1970. Applicant: CYLDE G. REYNOLDS, t f t ? pper: L. b ! Hartz Whole- by motor vehicle, over irregular routes, Coos County Cattle Co., Box 10, Catching FalV X r l2jL®°uth Arnold, Thief River transporting: Uncrated caskets, casket Creek Route, Myrtle Point, OR 97458. Amb; S 5*6T°3* protests to: J. H. displays, funeral supplies, and crated Authority sought to operate as a com CommPiSn1104 Supervisor, Interstate caskets in mixed loads with uncrated nunerce Commission, Bureau of Oper mon carrier, by motor vehicle, over ir caskets; from Clarksburg, W. Va. to regular routes, transporting: Lumber, FEDERAL REGISTER, V O L 35, NO. 251— TUESDAY, DECEMBER 29, 1970 19728 NOTICES from Medford, Eugene, Roseburg, and (g) Expiration date. This order shalltation Co.) and good cause appearing Portland, Oreg., to points in Utah, expire at 11:59 p.m., March 31, 1971, therefor: Colorado, Wyoming, Nebraska, and unless otherwise modified,- changed, or It is ordered, That : Nevada; cotton seed meal and alfalfa suspended. I.C.C. Order No. 49 be, and it is hereby, meal, from California to points in Oregon It is further ordered, That this amend amended by substituting the following and Washington; and beet pulp pellets, ment shall become effective at 11:59 pjm., paragraph (g) for paragraph (g) from points in Washington to Oregon, December 31, 1970, and that this order for 180 days. Supporting shippers: Round shall be served upon the Association of thereof: Prairie Lumber Co., Post Office Box 297, American Railroads, Car Service Divi (g) Expiration date. This order shall Dillard, OR 97432, Cedar Products Co., sion, as agent of all railroads subscribing expire at 11:59 p.im, March 31, 1971, Roseburg, Oreg. 97470. Send protests to: to the car service and per diem agree unless otherwise modified, changed, or District Supervisor A. E. Odoms, Bureau ment under the terms of that agreement, suspended. of Operations, Interstate Commerce Commission, 450 Multnomah Building, and upon the American Short Line Rail It is further ordered, That this amend Portland, OR 97204. road Association; and that it be filed ment shall become effective at 11:59 p.m., with the Director, Office of the Federal December 31, 1970, and that this order By the Commission. Register. shall be served upon the Association of [seal] R obert L. Oswald, American Railroads, Car Service Divi Secretary. Issued at Washington, D.C., Decem ber 22, 1970. sion, as agent of all railroads subscribing [P.R. Doc. 70-17479; Piled, Dec. 28, 1970; I nterstate Commerce to the car service and per diem agree 8:51 a.m.] Commission, ment under the terms of that agreement, [seal] R. D. P fahler, and upon the American Short Line Rail [Rev. S .0 .994; I.O.C. Order 16; Amdt. 7] Agent. road Association; and that it be filed PENN CENTRAL [P.R. Doc. 70-17480; Piled, Dec. 28, 1970; 8:51 a.m.] with the Director, Office of the Federal Car Distribution Register. Upon further consideration of I.C.C. [Rev. S .0 .994; I.C.C. Order 49; Amdt. 1] Issued at Washington, D.C., Decem Order No. 16 (Penn Central) and good ber 22, 1970. cause appearing therefor: PENN CENTRAL TRANSPORTATION I nterstate Commerce It is ordered, That: i CO. Commission, [seal] R. D. P fahler, I.C.C. Order No. 16 be, and it is hereby, Car Distribution amended by substituting the following Agent. paragraph (g) for paragraph (g) Upon further consideration of I.C.C. [PJt. Doc. 70-17481; Piled, Dec. 28, 1970; thereof: Order No. 49 (Penn Central Transpor 8:51 a.m.] FEDERAL REGISTER, VOL. 35, NO. 251— TUESDAY, DECEMBER 29, 1970 FEDERAL REGISTER 19729 CUMULATIVE LIST OF PARTS AFFECTED— DECEMBER 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 December. 1 CFR Page 7 CFR—Continued Page 8 CFR Page Proposed Rules: ' 225______18741 204 ______18582 16______18297 301______19099 205 ______18582 319______18385 212______18582 3 CFR 362 ______19167 234______18582 363 ______19167 245______18582 Proclamations: 364 ____ 19167 299______18583 3279 (modified by Proc. 4025) _ 19391 401______18598, 19329 4022 ______«.______18653 722______18953,19330, 19339 4023 ______18655 725------19167 9 CFR 4024 ______;_ 18905 795______*_ 1933976______18262, 4025 _ 19391 811------18909 18313, 18730, 18734, 18795, 18913, Executive Orders: 855------18657 19009, 19169, 19247, 19499 Dec. 12, 1917 (revoked in part 905______18741,18742,19245,19246 78------19102 by PLO 4974)______19108 907___ 18385, 18447, 18743, 18954, 19101, 92______18795 1461 (see PLO 4975)____ ’___19108 19341, 19631 204______18262 2513 (see PLO 4964)______18916 910____ 18505, 18912, 18955, 19246, 19498, 331______19666 6143 (revoked in part by PLO 19632 P roposed R ules: 4948) ______18379 916 ------19655 6276: 917 ------19563 201_------18745 Revoked in part by PLO 929------19168 311------è______18672 4948______18379 932------19564 317------18745, 19118 Revoked in part by PLO 958------18955 320------19118 4963______18916 966------19632 6583: 971------18261 10 CFR Revoked in part by PLO 980------18955 2------19500, 19655 4948______18379 993______19655 20----- 18385 Revoked in part by PLO 1004______19565 50------18385,18469,19567, 19655 4963____ 18916 1006_____ 19566 6868 (modified by EO 11571) __ 18717 1012 ------19566 P roposed R ules: 7784-A (see EO 11571)______18717 1013 ______19566 Ch. I. 19686 8033 (see EO 11571)______18717 1064______18447 2____ 19122 9344 (see EO 11571) ______18717 1121------18448 20__ 19122 9916 (see EO 11571)______18717 1126------18448 30__ 19122 10128 (see EO 11571)______18717 1421______19342, 19498, 19499, 19566 40__ 19122 10358 (see EO 11573)______19323 1425----- 18261 50__ 19122 11401 (see EO 11571)______18717 1427---- 18913 55__ 19122 11571 ------18717 1434------19567 70 ______19122 11572 ------18907 1464------19168 71 ______19122 11573_------19323 1481------1------18956 73__ 19122 11574------19627 1483------:______18505 150_ 19122 1488______19567 4 CFR 2762---- -—------19167 12 CFR 52------19009 2763 ------;______19167 2764 ______19167 1------19568 8 —.------y______19661 5 CFR P roposed R ules: 201------18450 70------_____ 19579204------18658, 18957,19661 213------18322, 81------18745 210------19661 18359, 18581, 19078, 19231, 19232, 723 ------18400 213_------18658, 19662 19398 724 ----- 18400 217------— 19662, 19663 3^2------“------18729 730------18286 222------19662 ------18505 812------18918 ------18581 905------18475 224------18369,19570 ------18581, 18730 911------___19362 329------18314 ------18581 915 ------19362 522------___ 19232 916 ------18618, 19579545------18583, 18914, 18957 917 ------____ 18537,19579 563------18506, 18583 if 0 0 ...... 19232 947------19024 P roposed R ules: Proposed R ules: 953------18475 890------195gl 1004------18919 204 18980 1006------18618 226 19124 7 CFR 1 0 1 2 —------18618 541 18924 15— 1013------18618 545 18924 2 1030------19116 o 18382 740 18533 51 ------18384,18597,19563 1040------18401 745 54 18257 1 1 2 0 ------___ 18287 19027 55 ...... 19325 1 1 2 1 ------18287 56'“"'------19326 1126------18287 13 CFR 58 ...... 19327 1127------18287 121------19077,19502 70 ------19629, 19630 1128------18287 305------19503 2 0 1 ...... 19328 1129 ------18287 P roposed R ules: 215 19497 1130 ------18287 ~~...... 18953 1136------18621, 18975 121------19124,19526 \ 19730 FEDERAL REGISTER 14 CFR Page 18 CFR Page 21 CFR—Continued Page 21______18450 2______18585,18959 148j______18667 37______18450,19342 4 ______18585,18960 148q_—______19573 39______:______18372, 5 ______18960 148t______18459 18451-18454, 18584, 18734, 18735, 141______18961 149c______19175 19170, 19247, 19346, 19347, 19503, 157______18960,19173 149d______19015 19571, 19633 260______18961,18962 191______19266 71______18454, 301______19104 P roposed R ules : 18455, 18506-18509, 18584, 18735, Ch. V______19572 3______------18679 18736, 19103, 19104, 19171, 19172, P roposed R ules: 15______------18530 19248, 19348, 19503, 19504 120______73_____ 18274,18736,19104,19348,19633 2 ______18402,19276,19581 18531,18622 3 _— ______18324, 19641 121______------18623 75______19348 125______91_:______:______19504 11______18324, 19641 ------18475 32 ______18324, 19641 146a______19188 95___ 18659 191______19275 97_____ 18314, 18509, 19248, 19348,19571 33 ______L___ 18324, 19641/ 135______18585, 19504 34 ______18324, 19641 145______19349 3 5 „ ______18324, 19641 22 CFR 159______19172 36______18324, 19641 121______19016 207____e_.______—— 18274 45______18324, 19641 123 ______19016 101______18626, 18627 124 ______19016 P roposed R ules: 104—______-_____ 18626,18627 125 _ 19016 25— ______19640 154_____ 18629, 18980, 19276, 19641 201______19573,19575 39______18475 157______18402 71____ 18476, 18746-18749, 19184, 159______18324, 19641 23 CFR 19185, 19363, 19364, 19520, 19521 201______18626,18627,19124, 19188 75______18402, 18476,19364, 19678 204 ______18626, 18627, 19124 Ch. I______——18719 121______- ______19640 205 ______19124 1______18719,19232 152______19678 260______19124,19188 15______18719 207 ______18621 602______19686 20______—______18719 208 ______18621 22______18719 212______18621, 19026 19 CFR 214—______18621,19026 6 ______—1___ 18265 24 CFR 217______19026 8______18265 203______18522,18796 221______:______18749 10 ______18265, 18369 207______18523 295_,______18621 11 ______18265 213______18523,18796 802______18877 12 ______18265,18796 220______18523 373______18621 18 ______18265 221______18523,18524 376______18877 19 ______1_ 19249232______...______18523 378______18622 21______18265 234 ______18523,18796 378a______18622 23 ______18265 235 ______18523 24 _ 18736 236 ______18524 15 CFR 25 ______18265 241 ______18524 153______18914 242 ______18796 30______-______19663 171 ______18265 1000______18524 368 ______18315 172 _ 18267 1100... ______18524 369 ______18316 Ch. I ll______19350 1914 ______18459.18964.19665 370 ______18316,19010 P roposed R ules: 1915 ______18460.18965.19665 371 ______19010 I ______18599 372 _____ 18316, 19010 P roposed R ules: 4 ______18284 1910______19684 373 ______18316,19010 6______18284 374 ______19011 8______18284 376______18317,19012 II _ 19269 25 CFR 379______19012 15______18284 P roposed R ules: 386______18317,19013,19664 18___ 18284 15______* ______18392 387—______18317 24______19269 221—______19578 Ch. VI______19350 123______18284 Ch. IX______19249 133--...... 19269 26 CFR P roposed R ules: 21 CFR l _____— 18587,19244 7______— 19274,19520 _ 18524 9— ______—_— 19106 13______20______18461 16 CFR 20 ______19014 18461,18965 27______19634 25______31______18525 13______19073-19076 120 ______18370,18512,18513 18525 501______18510^19076,19572 121 ______18269, 48______18370,18458,18666,19015,19174 P roposed R ules: 17 CFR 135b______19572 1 ______18389, 135c______18458,19014,19175 l8391~18537~ 18599, 18973, 19112, 230______18456 135e______18666 19360, 19518, 19670, 19672 240______18456, 18510135g______18458 13_------19112 249______18512,19497 141______18667,19175 s i------18603 P roposed R ules: 141a______19573 is i 145______19175 301 19112, 19115 v 230______it______18679 146a_____ 18270 239 ______18477 146b______18272 240 _— ______18679,18750 146c______18513 28 CFR 249___ 18750, 19525 147-__ 18669 o______18467.19397.WM6 270_____ 19525 148e______18513,19573 9______------■ 18526 274______19525 148f______18522 45______FEDERAL REGISTER 19731 Page 29 CFR Page 33 CFR Page 43 CFR 102 ...... -- ...... 18796 110. 18374, 19351 18__ 18376 103 ______— 18370 117...... 19017 2920. 18663 526______18729 P roposed R ules :. 602------19350 P ublic Land Orders: 610______19350 110...... 19362 243 (see PLO 4954)______18381 612______19351 659 (revoked in part and modi 615______19351 35 CFR fied by PLO 4949)______18379 671______18914 67...... 19179 831 (revoked by PLO 4972) ___ 19107 722______18914 253______19664 1556 (modified by PLO 4965) _ 18916 870______-______18526 1583 (modified by PLO 4965). 18916 1601...... -______18661 36 CFR 2971 (see PLO 4969)______19107 3065 (see PLO 4956)______18381 Proposed R ules: 2______*______18915 4269 (revoked by PLO 4967) __ 18917 4 ______18923 251 ...... ;______19634 4427 (see PLO 4965) .______18916 5 ______18672 401 ______19666 4496 (see PLO 4956)______18381 5a______18672 402 ______...... 19666 4582 (modified by PLO 4962)_ 18874 20______19121P roposed R ules: 4871 (corrected by PLO 4970) _ 19107 7___i...... rr______19024 4882 (amended by PLO 4964) _ 18916 30 CFR 4948 ------18379 38 CFR 4949 ------18379 Ch. I...... 19244 4950 ______18380 55 .—______18587 2______18871 4951 ------18380 56 ...... _____ 18589 3______18280,18661 4952 ------18380 5 7 -______18591 36_____ 18388, 18871 4953 ------18380 300______18870 4954 ------18381 302...... 18870 39 CFR 4955 ------1______18381 503______18274,18593 Ch. I___ 18965,19399 4956 ------18381 505______18871 125______18743 4957 ------18382 Proposed Rules: 133______19563 4958 ------18595 70_...... 18671 521 ______18966 4959 ------18915 77______19298 522 ______1896t 4960 ------18915 523 ______18969 4961 ------18916 31 CFR 524 ______18970 4962 ------18874 525 ______18970 4963 ______18916 0------19056 4964 ------18916 1— ------19017 41 CFR 4965 ------18916 90 ------19177 1-15...... 18797 4966 ------18917 91 ------1.9178 5A-73______4967 ------18917 92 ------191.78 18374 8-3______18375 4968 ------19106 8-6______18375 4969 ______19107 32 CFR 8-7______4970 ------19107 18375 4971 ------19107 44____ 19576 8-30______18376 52___ 10-12______19180 .4972------19107 18371 18-1______4973------19107 67 ______18277 18803 68 ______19-16______19017 4974—------19108 18277 60-5______4975------19108 85__ 19576 19352 88____ r 101-11______18970 P roposed R ules: 18277 101-26______191__ 19576 18593 2850—v------18399 244__ _ _ 101—32______18971 18277 101-43______269___ 18277 19180 44 CFR 274_ : : : 101-44______19181 18277 103-1______Ch. IV------19359 824_ 3 19505 19250 502------19019 1201._ 103-40______19250 19509 105-61______1202_____ ~7"~ 19511 18737 45 CFR 1203_ """ 19511 P roposed R ules: 1206_ 61------18874 19513 60______19580 1212, 19513 «5------19181 1216 131------18875 19513 42 CFR 1201------1918I 1220_- 19514 1250. 56______------18972 P roposed R ules: 1280. 1 ' 19514 19517 59______------18972 206------18402 1480_ J 75 ______------18972 249------18878 1605. 18279 ----- 19244 76 ______------18972 18313 77 ______------18972 46 CFR 79______.18972,19019 32A CFR 81______18527, 309 ------18949 18594, 18662, 18737~, 18872, 18873, 310 ------18264, 18953 BDC (Ch. VI) • 18972 350------18595 BDC Notice 3...... ------18279 Ch. IV______------19181 528------19634 DMS Order 4, Dir. 1. ------18527 456______------18972 540______19263 DMS Order 4, Dir. 2 ------18527 459______------18972 542------19635 m ADPSReg-1_____' 18528, 19575 475 ______0lA(Ch.X): ------18972 47 CFR OI Reg. i 476 ______------18972 ------18528 479______„ .18972,19019 1 ------18664 NAS (Ch. XVIII)” 481____>______AGE 2_____1 ------18972 2 ------19020 — . . . 19351 P roposed R ules: 73— ------18596,18738,19020,19108 Proposed Rules: 83------18665 Ch. X____ 81------18292, 18293 91------19020 18530 481------18978 95------18664 No. 251____;li 19732 FEDERAL REGISTER 47 CFR—Continued Page 49 CFR—Continued Page 49 CFR—Continued Pase P roposed R ules : 171______— 18276,18382 P roposed R ules—Continued 1______18674 173______19021 574------18476 15______18674 178______18528 1201...... 19125 21______19524 Ch. HI______19183 1241------19125,19126 23______18624 391______19181 1249------18402 25______18624 553______19268 1322------18751 43______19524 1033______18318, 18319,18468,18963 1056_____ 19077 61______19524 50 CFR 73 ____ - _____j.______18625, P roposed R ules: 18626, 18678, 18679, 18924, 19187, 170-189— ______18919 10------19666 19188, 19688 171______. 18879 16 ...... - ...... 19398 74 ______18625, 19026 173 ____18534,18879,18919,19121 17 ------—______18319 89-______x______19524 28______18529,19023,19575,19576 91______19524 174 ______18323 93______19524 177 _ 18323 33------;------18597, 97______178 19525 ______18879,18919,19025 18665, 18666, 18740, 18741, 19023, 193______19521 19576 49 CFR 571— '______18295, Ch. II______18455 1______1846718297, 18402, 18536, 19186, 19581, 253...... 18975 7______1831819683, 19684 254______—...... 18977 ______ know UNITED STATES GOVERNMENT ORGANIZATION your MANUAL -1970/71 OFFICE OF THE FEDERAL REGISTER National Archives and Records Service General Services Administration UNITED STATES GOVERNMENT ORGANIZATION MANUAL 1 9 7 0 /7 1 presents essential information about Government agencies (up dated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about the U.S. Govern ment. The United States Government Organization Manual is the official guide to the functions of the Federal .Government, published by the Office of the Federal Register, GSA. $ « 3 . 0 0 « 9 per copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402