FEDERAL REGISTER VOLUME 35 • NUMBER 197 Friday, October 9,1970 • Washington, D.C. Pages 15889-15968

Agencies in this issue— The President Agency for International Development Agricultural Research Service Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Coast Guard Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Reserve System Fish and Wildlife Service Food and Drug Administration Interim Compliance Panel (Coal Mine Health and Safety) Internal Revenue Service Interstate Commerce Commission Labor Standards Bureau Land Management Bureau Monetary Offices Public Health Service Securities and Exchange Commission Small Business Administration State Department Veterans Administration Detailed list of Contents appears inside. Presidential Proclamations and Executive Orders 1936-1969

The full text of Presidential proclamations, Executive orders, reorganization plans, and other formal documents issued by the President and published in the Federal Register during the period March 14, 1936-December 31, 1969, is available in Com­ pilations to Title 3 of the Code of Federal Regulations. Tabular finding aids and subject indexes are included. The individual volumes are priced as follows:

1936-1938 Compilation—$6.00 1959-1963 Compilation—$6.00 1938-1943 Compilation—$9.00 1964-1965 Compilation—$3.75 1943-1948 Compilation—$7.00 1966 Compilation------$1.00 1949-1953 Compilation—$7.00 1967 Compilation------$1.00 1954-1958 Compilation—$4.00 1968 Compilation------$0.75 1969 Compilation------$1.00

Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration

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g-'v-'nj-'n ■« Iplr® n r r V C T r n Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, r r 11 r fl l \ I i l i l l l i V l i l i on the day after an official Federal holiday), by the Office of the Federal Register, Na x * g Archives and Records Service, General Services Administration, Washington, D.C. 2 * Area Code 202 Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register,!^ proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Washington, D.C. 20402. arable in The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, pay ^ advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remi c money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. ursuant The regulatory material appearing herein is keyed to the Code o f F ederal R egulations, which is published, under 50 titles, P ^ to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code o f F ederal R egulations is sold by the Superin of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. < tio ns. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code of F ederal R egulat Contents

COAST GUARD FEDERAL COMMUNICATIONS THE PRESIDENT Rules and Regulations COMMISSION PROCLAMATION Drawbridge operation regulations: Notices National Forest Products Week, Closure of draw for emergency 1970 ______-______15895 vehicles ______15923 Common carrier services informa­ East Pascagoula River, Miss— 15924 tion; domestic public radio Patapsco River, Baltimore, Md_ 15923 services applications accepted EXECUTIVE AGENCIES General provisions; redelegation for filing______15948 of authority______— -- 15922 Communications facility use by foreign entities in U.S.; notice AGENCY FOR INTERNATIONAL Proposed Rule Making of inquiry______15951 DEVELOPMENT Escatawpa River, Miss.; draw­ Hearings, etc.: Notices bridge operation regulations— 15935 Macon County Broadcasting Co_ 15951 Director, Office of Procurement, -COMMERCE DEPARTMENT Walton Broadcasting Co______15953 Western Union Telegraph Co_ 15955 et al.; redelegation of au­ See Business and Defense Services thority ______15944 Administration. FEDERAL MARITIME AGRICULTURAL RESEARCH COMMODITY CREDIT COMMISSION SERVICE CORPORATION Notices Rules and Regulations Rules and Regulations Agreements filed: Hog cholera and other commu­ Cotton loan program regulations; Compagnie Generale Transat­ nicable swine diseases; areas subordinated liens------15901 lantique and Hapag-Lloyd Ak­ quarantined (2 documents) ____ 15902, Notices tiengesellschaft ______15956 15903 Hostetter, Harlan H. and E. L. Identification for interstate move­ Sales of certain commodities; M obley______15956 ment of cattle; correction_____ 15902 monthly list______15945 Firm of Juan B. Figueroa; revo­ Imported fire ant; quarantine no­ cation of independent ocean tices (2 documents)______15897 CONSUMER AND MARKETING freight forwarder license_____ 15956 SERVICE Security for protection of the pub- AGRICULTURE DEPARTMENT Rules and Regulations lic; financial responsibility to See Agricultural Research Serv­ meet liability incurred for ice; Commodity Credit Corpo­ Almonds grown in California; death or injury and indemni­ ration; Consumer and Market­ handling ______15900 fication for nonperformance ing Service. Proposed Rule Making of transportation: Milk in Massachusetts-Rhode Pacific Far East Line, Inc. ATOMIC ENERGY COMMISSION Island-New Hampshire and cer­ (2 documents)______15957 Notices tain other marketing areas; Polskie Linie Oceaniczne (2 decision ______15927 documents)______15957 Long Island Lighting Co.; sched­ ule for hearing______15946 CUSTOMS BUREAU FEDERAL POWER COMMISSION BUSINESS AND DEFENSE Rules and Regulations Rules and Regulations SERVICES ADMINISTRATION Antidumping; withholding of appraisement______15911 Accounting and rate treatment of Notices Coastwise transportation— ._____ 15910 advance payments to suppliers New York Museum and Science Liquidated damages______15911 for gas------15908 Services-Geological Survey; de­ Proposed Rule Making cision on application for duty­ FEDERAL AVIATION Natural gas companies; uniform free entry of scientific article, ADMINISTRATION correction ______15945 system of accounts and annual Rules and Regulations reports______15939 CIVIL AERONAUTICS BOARD Alterations : Notices Proposed Rule Making Control zones (2 documents)__ 15904 Control zones and transition Hearings, etc. : Certificates of public convenience areas (6 documents)__ 15904-15907 Carolina Pipeline Co., and and necessity; special author­ Jet route segment______15908 izations------15938 Southern Natural Gas Co___ 15957 Transition areas (3 documents) _15906- Columbia LNG Corp. (2 docu­ Notices 15908 ments) ______15958 Hearings, etc.: Control zone and transition area; Distrigas Corp______15959 Alitalia-Linee Aeree Italiane- alteration and revocation_____ 15905 East Tennessee Natural Gas ------15946 Designations : C o ______15959 Martins Luchtvervoer Maats- Control zone______15908 El Paso Atlantic Co______15960 chappij N.V______15946 Transition areas (3 documents) _ 15906, El Paso Eastern Co______15960 Philippine AirLines, Inc______15946 15907 El Paso Natural Gas Co. (2 docu­ Surf Air, Inc. and Georgia High­ Proposed Rule Making ments) ______15961 way Express, Inc______15946 Proposed alterations: Kentucky Power Co______15961 Control zones (2 documents)__ 15935, Metropolitan Edison Co., et al_ 15962 CIVIL SERVICE COMMISSION 15937 Newmont Oil Co., et al______15962 Pules and Regulations Control zones and transition Southern Natural Gas Co____ 15963 areas (2 documents)____ _ 15936 Western Gas Interstate Co____ 15963 Regular life insurance and op­ Proposed designations: (Continued on next page) tional life insurance; correction Restricted area______15938 of error., mistake or omission__ 15897 Transition area______15935 15891 15892 CONTENTS

FEDERAL RESERVE SYSTEM INTERNAL REVENUE SERVICE SECURITIES AND EXCHANGE Rules and Regulations Rules and Regulations COMMISSION Transfers from savings deposits Income tax; termination of pri­ Notices to cover checks______15903 vate foundation status by trans­ fer to, or operation as public Continental Vending Machine FISH AND WILDLIFE SERVICE Corp.; order suspending trad­ ch arity ______,______15913 ing -----1------15964 Rules and Regulations Statement of procedural rules; miscellaneous amendments___ 15916 Inspection and certification; SMALL BUSINESS changes in fees and charges___ 15925 Proposed Rule Making Bonds and other evidences of in­ ADMINISTRATION FOOD AND DRUG debtedness; notice of hearing. _ 15935 Notices ADMINISTRATION REC Business * Opportunities INTERSTATE COMMERCE Corp.; application for license— 15964 Rules and Regulations COMMISSION Delegations of authority (2 docu­ STATE DEPARTMENT ments)______15911, 15912 Notices See also Agency for International Proposed Rule Making Motor carrier temporary authority applications_____;______15964 Development. Proposed statement of policy and Rules and Regulations interpretation; extension of LABOR DEPARTMENT time for filing comments_____15934 Nonimmigrant visas; refusal and See Labor Standards Bureau. revocation______’•___15912 HEALTH, EDUCATION, AND LABOR STANDARDS BUREAU WELFARE DEPARTMENT TRANSPORTATION DEPARTMENT See Food and Drug Administra­ Proposed Rule Making See Coast Guard; Federal Avia­ tion; Public Health Service. Criteria for determining whether tion Administration. State workmen’s compensation INTERIOR DEPARTMENT laws provide adequate coverage TREASURY DEPARTMENT for pneumoconiosis______15933 See Fish and Wildlife Service; See Customs Bureau; Internal Land Management Bureau. LAND MANAGEMENT BUREAU Revenue Service; Monetary Offices. INTERIM COMPLIANCE PANEL Rules and Regulations (COAL MINE HEALTH AND Colorado; public land order_____ 15925 VETERANS ADMINISTRATION SAFETY) Notices Rules and Regulations Montana; opening of public Notices lands______15944 Administration of educational Renewal permits for noncompli­ Oregon; withdrawal and reserva­ benefits; law courses------15924 ance with interim dust stand­ tion of land______;___ 15944 Considerations for hospital dom­ ard; notice of hearing______15947 iciliary care______15924 MONETARY OFFICES Rules and Regulations Silver deposits at mines for ex­ change; notice of termination_ 15922 PUBLIC HEALTH SERVICE Notices Health Services and M e n ta l Health Administration; promul­ gation of Federal percentages— 15945 CONTENTS 15893 List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1970, and specifies how they are affected.

3 CFR 18 CFR 26 CFR Proclamation 154______15908 13...... 15913 4016—______15895 201______15908 601______. . . . 15916 260___ !______15908 P roposed R ules: 5 CFR P roposed R ules : 1______15935 870______15897 201______15939 871______,----- 15897 204______15939 29 CFR 205.1______15939 P roposed R ules: 260______15939 7 CFR 1520______15933 301 (2 documents)______15897 19 CFR 981______15900 31 CFR 1427______15901 4 ______15910 8______15911 90______15922 Proposed R ules: 153______—,______15911 92_—...... - ______15922 1001 ______15927 93______- 15922 1002 ______15927 21 CFR 1004...... 15927 33 CFR 1015______— 15927 2 (2 documents).______15911,15912 1______..15922 P roposed R ules: 114______15922 9 CFR 3 ______15934 117 (3 documents)______15923,15924 71______15902 22 CFR P roposed R ules: 76 (2 documents)______15902,15903 117______-...... 15935 41______15912 12 CFR 38 CFR 204------. 15903 17 ______15924 21_____ 15924 14 CFR 43 CFR 71 (16 documents)______15904-15908 75...... 15908 P ublic Land Order: Proposed Rules: 4913— ------15925 71 (5 documents)______15935-15937 50 CFR lSs~— ilSI 260_____ 15925

Presidential Documents

Title 3— THE PRESIDENT Proclamation 4016 NATIONAL FOREST PRODUCTS „WEEK, 1970 By the President of the United States of America A Proclamation In order to recognize and emphasize the importance of forest re­ sources and forest products to the nation, the Congress has by the joint resolution of September 13, 1960 (74 Stat. 898) designated the seven-day period beginning on the third Sunday of October in each year as National Forest Products Week, and has requested the Presi­ dent to issue an annual proclamation calling for the observance of that week. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby call upon the people of the United States to observe the week beginning October 18, 1970, as National Forest Products Week, with activities and ceremonies de­ signed to direct public attention toward, and demonstrate our gratitude for, the forest resources with which we have been so abundantly blessed and for their contributions to our material, emotional and spiritual advantages. IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of October, in the year of our Lord nineteen hundred seventy, and of the Independence of the United States of America the one hundred ninety-fifth.

[F.R. Doc. 70-13654; Filed, Oct. 7, 1970 ; 2:00 p.m.]

FEDERAL REGISTER, V O L 35, NO. 197— FRIDAY, OCTOBER 9, 1970

15897 Rules and Regulations

150ee), § 301.81(a) of Notice of Quaran­ Done at Washington, D.C., this 6th day Title 5— ADMINISTRATIVE tine No. 81 relating to the imported of October 1970. fire ant (7 CFR 301.81(a)) is hereby F. J. Mulhern, PERSONNEL revised to read as follows: Acting Administrator, Agricultural Research Service. Chapter I— Civil Service Commission § 301.81 Quarantine; restriction on in­ terstate movement of specified regu­ [F.R. Doc. 70-13583; Filed, Oct. 8, 1970; PART 870—REGULAR LIFE lated articles. 8:50 a.m.] INSURANCE (a) Notice of quarantine. Pursuant to PART 871— OPTIONAL LIFE the provisions of sections 8 and 9 of the PART 301— DOMESTIC QUARANTINE Plant Quarantine Act of August 20,1912, NOTICES INSURANCE as amended, and section 106 of the Fed­ Correction of Error, Mistake, or eral Plant Pest Act (7 U.S.C. 161, 162, Subpart— Imported Fire Ant Omission 150ee), the Secretary of Agriculture has determined, after public hearings, that R egulated Areas Parts 870 and 871 are hereby amended it is necessary to quarantine the States Under the authority of § 301.81-2 of to provide authority for the Bureau of of Alabama, Arkansas, Florida, Georgia, the Imported Fire Ant Quarantine reg­ Retirement, Insurance and Occupa­ Louisiana, Mississippi, North Carolina, ulations (7 CFR 301.81-2, as amended), tional Health to correct certain types of South Carolina, and Texas, in order to a supplemental regulation designating errors or omissions when appropriate. prevent the spread of the imported fire regulated areas is hereby issued to ap­ 1. Effective on publication in the F ed­ ant (Solenopsis saevissima richteri pear in 7 CFR 301.81-2a as follows: eral R egister § 870.102 is added as set Forel), a dangerous insect injurious to out below: § 301.81—2a Regulated areas; suppres­ cultivated crops, not theretofore widely sive and generally infested areas. § 870.102 Correction of an error, mis­ prevalent or distributed within and take, or omission. throughout the United States. Under the The civil divisions and parts of civil authority of said provisions, the Secre­ divisions described below are designated The Bureau of Retirement, Insurance, tary hereby quarantines the State of as imported fire ant regulated areas and Occupational Health may order North Carolina and continues to within the meaning of the provisions correction of an error, mistake, or omis­ quarantine the other specified States of this subpart; and such regulated sion upon a showing satisfactory to the with respect to the interstate movement areas are hereby divided into generally Bureau that it would be against equity from the quarantined States of the arti­ and good conscience not to do so. infested areas or suppressive areas as cles described in paragraph (b) of this Indicated below: 2. Effective on publication in the F ed­ section, issues the regulations in this eral R egister § 871.103 is added as set subpart governing such movement, and * * * * * out below: gives notice of said quarantine and F lorida § 871.103 Correction of an error, mis­ regulations. . (1) Generally infested areas—Alachua take, or omission. * * * * * County. That portion of the county lying north of the north line of T. 8 S., except the The Bureau of Retirement, Insurance, (Secs. 8 and 9, 37 Stat. 318, as amended, sec. 106, 71 stait. 33; 7 U.S.C. 161, 162, 150ee; 29 corporate limits of the city of High Springs; and Occupational Health may order cor­ and T. 10 S., R. 20 E. rection of an error, mistake, or omission F.R. 16210, as amended, 33 F.R. 15485) upon a showing satisfactory to the Bu­ This amendment shall become effective Bradford County. That portion of the reau that it would be against equity and upon publication in the F ederal county lying north of the north line of T. 8 S. good conscience not to do so. R egister. * * * * * (5 U.S.C. 8710) Pursuant to a notice of hearing and rulemaking published in the F ederal Charlotte County. That portion of the county lying west of the west line of R. 25 E. U nited S tates Civil S erv­ R egister on July 9, 1970 (35 F.R. 11027), ice Commission, a public hearing was held in Beaufort, Citrus County. The entire county. [seal] James C. S pry, Clay County. That portion of the county N.C., regarding quarantining the State lying north of the north line of T. 8 S. Executive Assistant to of North Carolina jn account of the im­ Columbia County. That portion of the the Commissioners. ported fire ant. After due consideration county lying between the south line of IP.R. Doc. 70-13582; Filed, Oct. 8, 1970; of all relevant material including that T. 1 S. and the north line of T. 5 S. 8:50 a.m.] presented at the hearing and responses * * * * * to the notice, it has been decided to add Flagler County. That portion of the county North Carolina to the list of States lying east of U.S. Highway 1 south to its quarantined because of the imported fire intersection with the north line of T. 12 S„ Title 7— AGRICULTURE ant. thence east along the north line of T. 12 S. Chapter III— Agricultural Research This revision imposes restrictions that to the east line of R. 30 E., thence south to the north line of T. 13 S., thence east along ervice. Department of Agriculture are necessary in order to prevent the dis­ semination of the imported fire ant and said line to the Volusia County line. PART 301— DOMESTIC QUARANTINE should be made effective promptly to ac­ * * * * * NOTICES complish its purpose in the public in­ Hardee County. The entire county. terest. Accordingly, it is found upon good * * * * * Subpart—-Imported Fire Ant cause under the administrative proce­ Hillsborough County. The entire county. Quarantine R estriction on Inters dure provisions of 5 UJS.C. 553, that fur­ ther notice and other public procedure * * * * * Movement op S pecific A rticles Lake County. That portion of the county with respect to this amendment are im­ lying south of the north line of T. 20 S.; Pla/nf rt^nt *?- secti°ns 8 and 9 of practicable and contrary to the public in­ and that portion of the county beginning as im 2^fri ntine Act of August 20, ] terest, and good cause is found for mak­ at the southwest corner of sec. 35, T. 19 S., eraî^îflntdôaiÎd section 106 of the : ing it effective less than 30 days after R. 27 E., thence north along the west line of ral Plant Pest Act (7 U.S.C. 161, publication in the F ederal R egister. sec. 35 to its Intersection with State Highway

Ko. 197----- 2 FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15898 RULES AND REGULATIONS

46, thence generally east along said highway Henry County. The entire county. Ware County. The entire county, except to the east line of R. 27 E., thence north along Lanier County. That portion of the county that portion of Georgia Militia District 1082 said line to the south line of T. 17 S., thence lying west of State Highway 135, including lying within the Okefenokee Wildlife Refuge. east along said line to its intersection with the town of Lakeland. Wayne County. The entire county, except the west line of R. 29 E., thence north to ***** Georgia Militia Districts 1519 and 583. the south line of T. 16 S., thence east to the Volusia County line. Lowndes County. The entire county. ***** ***** * * * * * Louisiana Manatee County. The entire county. Rockdale County. The entire county, ex­ (1) Generally infested areas. * * * Marion County. Sy2, T. 12 S., and all of cept Georgia Militia District 475. East Carroll Parish. The entire parish. T. 13 S., R. 20 E.; SW%, T. 12 S., WV2 and * '- * * * * * * * * ^ SEJ4, T. 13 S.; Tps. 14 and 15 S., R. 21 E.; Spalding County. The entire county, ex­ Jackson Parish. The entire parish. and Si/2, T. 13 S., and T. 14 S., R. 22 E., cept Georgia Militia District 490. ***** including the city of Reddick; and that por­ ***** tion of the county lying within T. 17 S., Madison Parish. The entire parish. west of the east line of R. 20 E. Talbot County. The entire county. Morehouse Parish. The entire parish. * * * * * ***** ***** Osceola County. That portion of the county (2) Suppressive areas.—Applying County. Ouachita Parish. The entire parish. lying west of the east line of .R. 30 E., south That portion of the county lying north of ***** to the north line of T. 28 S., thence east along Georgia Highway 144 and west of Georgia Highway 15, including the town of Baxley- Richland Parish. The entire parish. said township line to the east line of R. 31 Sabine Parish. The entire parish. E., thence south along said line to the south and all of Georgia Militia District 583. line of T. 29 S., thence west along said line Atkinson County. The entire county. * * * * * to the Osceola-Polk County line. Bacon County. That portion of the county West Carroll Parish. The entire parish. lying west of Georgia Militia District 1731 - * * * * * and Ten Mile Creek. * * * * * Pinellas County. The entire county. Winn Parish. The entire parish. ***** (2) Suppressive areas.—Bienville Parish. * * * * * Berrien County. The entire county. That portion of the parish in T. 14 N., lying St. Johns County. The entire county except ***** west of the east line of R. 7 W.; all of the that portion lying within Tps. 8, 9, and 10 S., parish lying west of the east line of R. 9 W.r R. 28 E. Camden County. The entire county. Charlton County. The entire county. that portion of the parish within T. 15 N., ***** R. 4 W.; and that portion of the parish lying * * * * * Union County. The entire county. east of State Road 9 within Tps. 16 and 17 Volusia County. That portion of the county Clinch County. That portion of the county N„ Rs. 4, 5, and 6 W., including the area lying west of the east line of R. 33 E., north lying within Georgia Militia Districts 1389 in the corporate limits of Bienville and to its intersection with the north line of T. and 1141. Bryceland. 19 S., thence west along.said line to its inter­ ***** * * * * * section with the west line of R. 33 E., thence Columbia County. That portion of the De Soto Parish. All of the parish lying east north to its intersection with the south line county lying within Georgia Militia District of the west line of R. 13 W.; that portion of of T. 17 S., thence east to the west line of R. 129. the parish within Tps. 14 and 15 N„ Rs. 14 33 E., thence north to the south line of ***** and 15 W.; and that portion of the parish T. 15 S., thence west to the east line of R. 30 within T. 16 N., R. 14 W. Glynn County. The entire county. E., thence south to the southeast corner of * * * * * sec. 13, T. 16 S., R. 30 E., thence west along ***** Natchitoches Parish. That portion of the the south line of secs. 13, 14, 15, 16, 17, and Jasper County. That portion of the county 18, T. 16 S., R. 30 E., to the east line of parish lying south of the south line of T. lying within Georgia Militia District 364. 8 N.; that portion of the parish lying within T. 29 E., thence south to the north line of ***** T. 17 S., thence west to the Lake County line. T. 8 N., Rs. 5 and 6 W.; that portion of the Johnson County. That portion of the parish lying within T. 9 N., R. 6 W.; that * * * * * county lying within Georgia Militia Dis­ portion of the parish lying within Tps. 10 G eorgia tricts 1301, 1202, and 1405. and 11 N„ Rs. 6, 7, and 8 W.; and that por­ ***** tion of the parish lying within Tps. 12 and (1) Generally infested areas. * * * 13 N„ Rs. 7 and 8 W. Butts County. That portion of the county Long County. The entire county. * * * * * lying within Butrill Georgia Militia District * * * * * 615, Jackson Georgia Militia District 612, Webster Parish. The entire parish. Towaliga Georgia Militia District 610, and McIntosh County. That portion of the Goodys Georgia Militia District 613. county lying within Georgia Militia Districts Mis s is s ip p i 1480, 1514, 1771, 271, and 1515. ***** (1) Generally infested areas. * * * ***** Clayton County. The entire county. Montgomery County. The entire county. * * * * *'• Montgomery County. The entire county. ***** Newton County. That portion of the county (2) Suppressive areas. * * * Coweta County. That portion of the county lying west of Georgia Highways 81 and 36, Grenada County. Ey2 R. 6 E., and all of R. lying within Georgia Militia Districts 1711, including the town of Covington. 693, 1139, 806,1358,1393, and 691. 7 E. lying within the county. ***** ***** ***** Putnam County. That portion of the Prentiss Cjounty. All of R. 9 E. lying within De Kalb County. The entire county. county lying within Georgia Militia Districts the county. ***** 311, 314, and 312. * * * * * Union County. T. 8 S., R. 3 E., and Fayette County. The entire county, except SE^ T. 6 S., R. 5 E., lying within the county. Georgia Militia District 624. Screven County. That portion of the county Yalobusha County. All of Tps. 23 and 2 Fulton County. That portion of the county lying within Georgia Militia Districts 1653, N., Rs. 6 and 7 E„ tying within the county. lying in the corporate limits of Hapeville, 35, and 259. College Park, East Point, and Atlanta; that Tattnall County. That portion of the North Carolina portion of the county lying north of the cor­ county lying east of U.S. Highway 301, in­ (1) Generally infested areas. None. porate limits of Atlanta to the Chattahoochee cluding the town of Glennville. (2) Suppressive areas.—Brunswick

FEDERAL REGISTER, V O L 35, NO. 197— FRIDAY, OCTOBER 9, 1970 RULES AND REGULATIONS 15899

Highway 904, thence south along said high­ to its intersection with the Beaufort-Jas­ in a northerly direction along said highway way to the Atlantic Ocean, thence west along per County line, thence in a northerly and ending at a point where said highway said ocean to the North Carolina-South direction along said county line to the intersects with the Calhoun-Orangeburg Carolina State line, thence northwest along County line. said State line to the Brunswick-Columbus point of beginning. ***** County line, thence northeast along said • * * * * (Secs. 8 and 9, 37 Stat. 318, sec. 106, 71 Stat. county line to the point of beginning. Charleston County. The entire county. 33; 7 U.S.C. 161, 162, 150ee; 29 F.R. 16210, as Carteret County. The entire county. Clarendon County. That portion of the amended; 7 CFR 301.81-2) Columbus County. That portion of the county lying west of a line beginning at a county bounded by a line beginning at a point where Lake Marion Dam intersects the These amendments shall become ef­ point where State Secondary Road 1006 Berkeley-Clarendon County line, thence fective upon publication in the F ederal junctions with North Carolina State High­ north along said dam to its junction with R egister. way 130, thence southeast along said State Primary Highway 260, thence north highway to its intersection with the along said highway to its junction with State The Director of the Plant Protection Columbus-Brunswick County line, thence Secondary Highway 63, thence north along Division has determined that infesta­ southwest along said county line to the said highway to its Junction with State Sec­ tions of the imported fire ant exist or North Carolina-South Carolina State line, ondary Highway 126, thence north along said are likely to exist in the civil divisions thence northwest along said State line to its highway to its intersection with Interstate and parts of civil divisions listed above, intersection with North Carolina State High­ Highway 95, thence northeast along said or that it is necessary to regulate such way 904, thence east along said highway to highway to its intersection with State Sec­ areas because of their proximity to im­ its junction with State Secondary Road 1006, ondary Highway 50, thence north along said ported fire ant infestations or their in­ thence east and northeast along said road to highway and ending at a point where said the point of beginning. highway intersects with the Clarendon-Sum- separability for quarantine enforcement Craven County. That portion of the county ter County line. purposes from imported fire ant infested bounded by a line beginning at the junction Colleton County. That portion of the localities. The Director has further de­ of State Secondary Road 1107 with the Neuse county bounded by a line beginning at a termined that each of the quarantined River, thence east along said river to the point where State Primary Highway 64 inter­ States is enforcing a quarantine or Craven-Carteret County line, thence south­ sects the Bamberg-Colleton County- line, regulation with restrictions on intra­ east and west along said county line to its thence in a northeasterly direction along state movement of the regulated articles junction with the Craven-Jones County line, said county line to its junction with the thence west and north along said county line Edisto River, thence in an easterly and south­ substantially the same as the restric­ to its junction with State Secondary Road erly direction along said river to its intersec­ tions on interstate movement of such 1100, thence east along said road to its junc­ tion with U.S. Highway 17, thence west along articles imposed by the quarantine and tion with U.S. Highway 70, thence southeast said highway to its junction with State Pri­ regulations in this subpart, and that along said highway to its junction with State mary Highway 303, thence north along said designation of less than the entire Secondary Road 1107, thence northeast along highway to its junction with State Primary State as a regulated area will otherwise said road to the point of beginning. Highway 64, thence in a northwesterly direc­ be adequate to prevent the interstate Jones County. That area bounded by a line tion along said highway to the point of beginning at the junction of North Carolina beginning. spread of the imported fire ant. Accord­ Highway 68 and State Secondary Road 1105, ingly, such civil divisions and parts of thence east along said road to the Jones- ***** civil divisions listed above are designated Craven County line, thence south and east Florence County. That portion of the as imported fire ant regulated areas. along said county line to the Jones-Carteret county bounded by a line beginning at a Comity line, thence south and west along point where State Secondary Highway 594 This amendment places six counties— said county line to the White Oak River, intersects the Darlington-Florence County Brunswick, Carteret, Columbus, Craven, thence northwest along said river to its junc­ line and extending easterly and* southerly Jones, and Onslow—under Federal reg­ tion with Black Swamp Creek, thence north­ along the Florence County line to its inter­ ulation in the newly quarantined State east along said creek to its intersection with section with U.S. Highway 301, thence west of North Carolina. It also adds to the North Carolina Highway 58, thence north­ along said highway to its intersection with regulated area all or parts of the fol­ west along said highway to the point of State Primary Highway 327, thence south­ lowing previously nonregulated coun­ beginning. east along said highway to its junction with Onslow County. That area bounded by a State Secondary Highway 57, thence north­ ties: Flager County in Florida; Appling, line beginning at the intersection of U.S. west along said highway to its junction with Atkinson, Bacon, Berrien, Camden, Highway 17 and the White Oak River, thence State Secondary Highway 551, thence south­ Charlton, Clinch, Columbia, Coweta, southeast along said river to Bogue Inlet, westerly along said highway to its intersec­ Glynn, Jasper, Johnson, Lanier, Long, thence south along said inlet to the Atlantic tion with State Secondary Highway 552, McIntosh, Montgomery, Newton, Put­ Ocean, thence southwest along said ocean to thence northwesterly along said highway to nam, Screven, Tattnall, Toombs, Treut­ its junction with New River Inlet, thence its junction with a dirt road, thence north­ len, Walton, and Wayne Counties in northwest along said inlet to its junction west along said road to its junction with Georgia; Montgomery, Prentiss, and with New River, thence northwest along said U.S. Highway 301, thence northwest along river to its junction with North Carolina said highway to its junction with State Pri­ Yalobusha Counties in Mississippi; and Highway 172, thence southwest and west mary Highway 100, thence southwest along Bamberg, Clarendon, Florence, and Lex­ along said highway to its junction with U.S. said highway to its Junction with State Pri­ ington Counties in South Carolina. The Highway 17, thence north and northeast mary Highway 136, thence northwest along regulated area in some previously regu­ along said highway to the point of beginning. said highway to its intersection with State lated counties has also been extended. S o u th Carolina Secondary Highway 35, thence southwest Several counties in the States of Florida, along said highway to its Junction with State Georgia, and Louisiana were changed (1) Generally infested areas. * * * Secondary Highway 848, thence northwest Lexington County. That portion of the along said highway to its junction with State from suppressive areas to generally in­ county lying east of Interstate Highway 26. Secondary Highway 45, thence north along fested areas. * * * * * said highway to its junction with State Sec­ This document imposes restrictions (2) Suppressive areas—B a m b e r g ondary Highway 594, thence northwest along that are necessary in order to prevent County. That portion of the county ly­ said highway to the point of beginning. the dissemination of the imported fire ing east of U.S.flighway 301. ***** ant and should be made effective Jasper County. The entire county. promptly to accomplish its purpose in Beaufort County. That portion of the Orangeburg County. That portion of the the public interest. Accordingly, it is copity bounded by a line beginning at a county lying east of a line beginning at a found upon good cause under the ad­ point where U.S. Highway 17 intersects point where U.S. Highway 301 intersects with the Beaufort-Jasper County line, thence the Bamberg-Orangeburg County line, thence ministrative procedure provisions of 5 southeast along said highway to its junc- extending northeast along said highway to U.S.C. 553, that notice and other pub­ ti°n with U.S. Highway 21, thence in a its intersection with State Secondary High­ lic procedure with respect to the fore­ southerly direction along said highway way 376, thence northwest along said high­ way to its Junction with State Secondary going regulations are impracticable and to its junction with State Primary High­ Highway 74, thence in a northeasterly direc­ contrary to the public interest and good way 170, thence southwest along said tion along said highway to its junction with cause is found for making it effective less highway to its intersection with Broad U 3. Highway 178, thence in a southeasterly «*,Vfu thence in a southeasterly and direction along said highway to its junction than 30 days after publication in the southwesterly direction along said river with State Secondary Highway 61, thence F ederal R egister.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15900 RULES AND REGULATIONS Done at Hyattsville, Md., this 6th day later than 30 days after the close of the entials to the prices of the sizes quoted of October 1970. current crop year, and he complies with unless the manager has knowledge that the following measures to assure ac­ D. R. S hepherd, such differentials do not reflect the cur­ Director, countability to the Board: rent market price, whereupon he shall Plant Protection Division. (1) Notifies the Board of his intention request from each handler, whose prices to use or ship such almonds at least 48 are used in the computation, a price in­ [F.R. Doc. 70-13584; Filed, Oct. 8, 1970; hours in advance of so using or loading dicative of the current market price of 8:50 a.m.] for shipment, and certifies to the Board the absent size. and to the Secretary of Agriculture that such almonds were received during such § 981.455 [Amended] Chapter DC—Consumer and Market­ crop year. 5. In paragraphs (a) and (b) of ing Service (Marketing Agreements (2) Prior to shipment of such al­ § 981.455, the word “surplus”, is deleted and Orders: Fruits, Vegetables, monds, obtains from the receiver thereof whenever appearing and the word “re­ Nuts), Department of Agriculture and submits to the Board a proposéd serve” is substituted therefor. schedule of processing and a written au­ PART 981— HANDLING OF ALMONDS thorization to permit Board employees § 981.459 [Deleted] GROWN IN CALIFORNIA to enter the premises and observe the 6. Section 981.459 is deleted. storage and processing or other disposi­ Subpart— Administrative Rules and tion of such almonds. § 981.467 [Amended] Regulations (3) Ships directly to the location 7. Section 981.467 is revised to read: Notice was published in the Septem­ where disposition is to take place, and § 981.467 Disposition in reserve outlets ber 4,1970, issue of the F ederal R egister upon shipment, the handler shall sub­ by handlers. (35 F.R. 14085) of a proposal, unani­ mit to the Board a copy of the sales in­ mously recommended by the Almond voice, bill of lading, or such other (a) Agents of Board. Beginning with Control Board, to amend certain provi­ instruments acceptable to the Board as July 1 of any crop year a handler may sions of the Subpart—Administrative shall verify the shipment. *. become an agent of the Board pursuant Rules and Regulations. The subpart is (4) Upon completion of disposition, to § 981.67 for the purpose of disposing operative pursuant to the marketing the handler shall submit to the Board of reserve almonds of such crop year agreement, as amended, and Order No. ACB Form 8 wherein the user of almonds either by export or by diversion from do­ 981, as amended (7 CFR Part 981; 35 certifies to the Board and the Secretary mestic normal channels of trade. The F.R. 11372), regulating the handling of that the almonds have been crushed, fed, applicable agency shall be established almonds grown in California. The or so commingled with other feed prod­ upon a handler executing a reserve ex­ amended marketing agreement and order ucts or otherwise processed that they port agreement (ACB Form 12-A) or re­ have lost their identity as almonds. serve diversion agreement (ACB Form are effective under the Agricultural Mar­ 12-B) containing terms and conditions keting Agreement Act of 1937, as § 981.451 [Deleted] amended (7 U.S.C. 601-674). specified by the Board. During the period 2. Section 981.451 is deleted. of such agency, such handlers may ob­ The amendment would make conform­ tain loans on reserve almonds by hypoth­ ing changes necessitated by recent order § 981.452 [Deleted] ecating such almonds as security for the amendments; substitute the word “re­ 3. Section 981.452 is deleted. loans; Provided, That, the lender shall serve” for “surplus” whenever appear­ 4. Section 981.453 is amended by re­ have no recourse against the Board and, ing; require handlers to report ship­ vising the title of said section, deleting in cases where the lender is not provided ments of salable almonds; and add two paragraph (b), redesignating paragraph a warehouse receipt, the handler shall new reporting periods applicable to han­ (c) as paragraph (b) and revising such inform the lender, in the hypothecation dler receipts. paragraph. The amended § 981.453 reads agreement, that the disposition of the The notice afforded interested persons as follows: pledged reserve almonds is controlled opportunity to submit written comments under this part and the lender has with respect to the proposal. None were § 981.453 Deferment of reserve with­ no recourse against the Board. Each submitted within the prescribed time. holding requirements. loan on reserve almonds shall be re­ After consideration of all relevant (a) Undertaking. The written under­ paid by the handler prior to the ter­ matter presented, including those in the taking to be delivered pursuant to mination of the agency, except loans notice, the information and recommen­ § 981.53(a) shall be on the form provided obtained from the Commodity Credit dations submitted by the Board, and by the Board. Corporation which recognize the dis­ other available information, it is found (b) Bonds as security. (1) Prior to Au­ position requirements of this part and that to amend the administrative rules gust 15 of any crop year, the manager loans on almonds sold but held for de­ and regulations, as hereinafter set forth, of the Board shall notify the handler livery during the time permitted by the will tend to effectuate the declared policy or handlers whose price lists are to be Board, in which case the loan shall be of the act. used in computing the bonding rate pur­ repaid upon shipment or at the end ot Therefore, Subpart—Administrative suant to § 981.53(b) . Handlers so noti­ the permitted period, whichever occurs Rules and Regulations is amended as fied shall immediately furnish the man­ first. . follows: ager with their then current price lists (b) Forms. Intentions to divert al­ 1. Section 981.450 is amended by revis­and shall inform the manager immedi­ monds shall be reported to the Board on ing the title of said section, revising pres­ ately of all subsequent changes thereof. ACB Form 13, shipment for diversion ent provisions of paragraph (a), and (2) Within 48 hours from the re­ on ACB Form 14, and consummation ot deleting paragraph (b). The amended ceipt by the manager of any price list diversion on ACB Form 15. Intentions § 981.450 reads as follows: which effects a change in the bonding to export shall be reported on ACB Form rate, the manager shall announce such 18, shipment into export on ACB Form § 981.450 Reserve obligation. new bonding rate to all handlers, and 19, and consummation of export sales (a) Exemption from program obliga­the handlers shall adjust the amounts of on ACB Form 20. On ACB Form 14 ana tions. Any handler who, pursuant to their bonds accordingly. 19, the handler shall report whether § 981.50, intends to dispose of almonds (3) In the event that the price lists the shipment is a disposition of reserv (other than those withheld to meet a used in computing the bonding rate do almonds withheld in satisfaction ot r - reserve obligation) for crushing into oil, not quote prices for all of the sizes speci­ serve obligation or a disposition of s a - or for producing poultry or animal feed, fied in § 981.53(b), the bonding rate able almonds in a reserve outlet pursuant may have the kernel weight of such al­ shall be computed on the basis of the to paragraph (c) of this section. monds excluded from such handler’s re­ prices which are quoted and a calcu­ (c) Reserve withholding credit. Credit ceipts and exempted from program obli­ lated price for any size not quoted. Such in satisfaction of a reserve withholding gations to the extent provided in this calculated price for the absent size shall part if the almonds are so disposed of no be computed by applying its recent differ­ obligation shall not exceed the accrued

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 RULES AND REGULATIONS 15901 reserve obligation derived by applying reporting periods. Each such report shall ness days after the close of each month the reserve percentage to the quantity of be filed with the Board within 5 busi­ within the crop year. almonds received by a handler for his ness days after the close of the applica­ It is further found that good cause ex­ own account during the crop year. Dis­ ble one of the following reporting ists for not postponing the effective time positions by agents of the Board in eli­ periods: of this action until 30 days after publica­ gible reserve outlets within a crop year July 1 to August 31; tion in the F ederal R egister (5 U.S.C. in excess of said obligations shall be held September 1 to September 15; 553) in that: (1) Recent further amend­ to be dispositions of salable almonds. September 16 to September 30; ment of the marketing agreement and Where such dispositions have been in­ October 1 to October 15; order requires these changes to conform spected and certified as meeting the re­ October 16 to October 31; the administrative rules and regulations quirements for reserve pursuant to November 1 to November 15; to the amendment; (2) the 1970 crop is November 16 to November 30; § 981.51 and have complied with the December 1 to December 31; being harvested, and this amendment terms, conditions and documentation January 1 to March 31; should become effective immediately so applicable to disposition of reserve April 1 to June 30. as to be applicable to as much of the crop almonds as determined by the Board, as practicable so as to provide for im­ they may be credited against unsatisfied 9. Section 981.473 is revised to read: proved control relative to the handling reserve obligations of the agent-handler § 981.473 Redetermination reports. and disposition of the crop; (3) the in­ or may be transferred to apply against dustry has been aware of this recom­ the reserve obligation of another Each handler shall furnish for use by mendation and needs no additional time handler. Crediting of said transfers shall the Board in redetermination of the to conform its operations thereto; and be subject to Board approval upon its kernel weight of almonds received for (4) no useful purpose would be served by receiving a jointly executed agreement of his own account and marketing policy delaying the effective time thereof. transfer (ACB Form 11). considerations the information listed and described in this section. Such informa­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (d) Reserve almonds withheld. (1) 601-674) Inspection of almonds shall be limited to tion shall be reported within the applica­ any plant, storage facility, or shipping ble times specified in § 981.73 on forms Dated October 5, 1970, to become ef­ point located in California where facil­ provided by the Board. fective upon publication in the F ederal ities acceptable to the inspection agency (a) Handler carryover. A report of the R egister. are available for weighing, sampling, weight of all almonds by variety, whether P aul A. Nicholson, and inspection of almonds. unshelled or shelled, wherever located, Acting Director, Fruit and held by the handler for his own account, Vegetable Division, Consumer (2) When almonds are offered for and Marketing Service. inspection, the handler shall furnish the whether or not sold. inspection agency with public weigh- (b) Reserve. A report of all almonds by [F.R. Doc. 70-13546; Filed, Oct. 8, 1970; master’s certificates of weight or other variety, net weight, and certified kernel 8:47 a.m.] evidence of weight satisfactory to the weight which are withheld in satisfaction Board. of a reserve obligation and those which have been disposed of in the manner pro­ Chapter XIV— Commodity Credit Cor­ (3) The handler offering almonds for poration, Department of Agriculture inspection shall furnish necessary labor vided in §§ 981.66 and 981.67. and pay costs incurred in moving and (c) Delivered sales. A report of salable SUBCHAPTER B— LOANS, PURCHASES, AND empting containers for sampling and almonds sold and delivered, showing the OTHER OPERATIONS weighing and shall also furnish neces­ weight, variety, and whether unshelled [Cotton Loan Program Regs., Arndt. 6] or shelled, except those disposed of pur­ sary labor for affixing the identification PART 1427— COTTON to containers of inspected almonds un­ suant to the requirements for reserve dis­ der direct supervision of the inspector. position, or used in almond products. Subpart— Cotton Loan Program (4) The handler shall furnish or (d) Almond products. A report of all Regulations almonds used by the handler in the man­ cause to be furnished to the Board a S ubordinated Liens copy of each required inspection certifi­ ufacture of any almond product as de­ cate issued by the inspection agency fined in § 981.15, showing a description In order to make it clear that ware­ within 48 hours after issuance, covering of each such product, the weight of al­ house receipts which show liens for in­ each lot of almonds withheld, exported monds used therein, and the finished bound freight or other unauthorized or diverted. Each inspection certificate weight of such product. charges will be acceptable if such liens for shelled almonds shall show the high­ (e) Transfers. A report listing each are subordinated to the rights of CCC, est grade which such almonds meet as transfer of almonds to another handler § 1427.1364 of the regulations issued by set forth in the effective U.S. Standards showing the weight of each lot trans­ Commodity Credit Corporation published for Grades of Shelled Almonds and, if ferred, the variety of almonds in the lot, in 33 F.R. 8802 as Cotton Loan Program such almonds grade at least U.S. No. 1, whether unshelled or shelled, the name Regulations and containing the terms the kernel size in terms of the average of the receiving handler, and by whom and conditions with respect to the Cotton number of kernels per ounce. the assessment and withholding obliga­ Loan Program, as amended, is hereby (e) Salable almonds for subsequi tions for such almonds were assumed. further amended to read as follows: reserve credit. Almonds not withheld (f) Undelivered sales. A report of all § 1427.1364 Liens. reserve, but which are intended to undelivered salable almonds sold in Except as otherwise provided in this disposed °f in reserve outlets and normal domestic trade channels for de­ section, cotton tendered for loan must which the handler intends to sub livery prior to September 1 of the fol­ be free and clear of all liens (except the r®9uest reserve disposition cre< lowing crop year, showing the weight of warehouseman’s lien [including a ware­ shaU be inspected, certified, and idt such almonds, the variety and whether houseman’s lien held by a cooperative ed in the same maimer as reserve, a they are shelled or unshelled. warehouse for its producer-patrons] for sucfc almonds shall not be handled 10. A new section, § 981.474 is added those charges which are authorized in ™arkets for almonds unless 1 to read: the storage agreement with CCC). The r i fication has been removed uni signatures of the holders of all such the direction of the Board § 981.474 Report of salable shipments. existing liens on cotton tendered as 8. Section 981.472 is revised to ret Each handler shall report all ship­ security for a loan, such as landlords, § 981.472 Report of almonds recer ments of salable almonds, shelled and laborers, or mortgagees, must be obtained unshelled and by classification, on ACB on the lienholder’s waiver on each Form onEA ri»h^ dler,sha11 reP°rt to the Bo Form 25. This report shall be supported A, except that in lieu of signing the mnn£B P°?n„1 the total P ^ d s of with copies of all invoices evidencing sale lienholder’s waiver on each Form A, the monds, unshelled and shelled, by va] or such other documentation as may be lienholder may waive his lien on all ^ re c e iv e « by him for h tso in acco acceptable to the Board. Each such re­ cotton of that crop produced by a pro­ thin any of the hereinafter prescri port shall be filed with the Board 5 busi­ ducer on a farm (or on all farms) or

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15902' RULES AND REGULATIONS pledged on one Form A by use of Form swine diseases, is hereby amended in the and then southwesterly direction to U.S. 679, or by use of another form approved following respects: Highway 82; thence, following U.S. by CCC. In lieu of waiving his prior lien 1. In § 76.2, in paragraph (c) (9) re­ Highway 82 in a generally westerly di­ on cotton tendered as security for a loan, lating to the State of North Carolina, a rection to U.S. Highway 75; thence, fol­ a lienholder may execute a Lienholder’s new subdivision (vi) relating to Wash­ lowing U.S.' Highway 75 in a generally Subordination Agreement (Form CCC- ington County is added to read: northeasterly direction to its junction 864) with CCC in which he subordinates (c) * * * with U.S. Highway 69. his security interests to the rights of (9) North Carolina. * * * * * * * * CCC in the cotton. If cotton is sub­ (vi) That portion of Washington 3. In §76.2, in paragraph (e)(1) re­ ject to a warehouseman’s lien for ad­ County bounded by a line beginning at lating to the State of Alabama, subdivi­ vances or charges not authorized in the junction of State Highway 32 and sion (ii) relating to Crenshaw, Coffee, the storage agreement, the cotton will be the south bank of the Albemarle Sound; and Covington Counties is deleted. acceptable hereunder if such liens are thence, following State Highway 32 in subordinated to the rights of CCC in the a southerly direction to Secondary Road (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, cotton. A fraudulent representation as 2, 32 Stat. 791-792, as amended, secs. 1-4, 33 to prior liens or otherwise will render 1315; thence, following Secondary Road Stat. 1264, 1265, as amended, sec. 1, 75 Stat. 1315 in an easterly and then southerly 481, secs. 3 and 11, 76 Stat. 130, 132; 21 the producer personally liable and sub­ direction to Secondary Road 1302; U.S.C. 111, 112, 113, 114g, 115, 117, 120, 121, ject him, and any other person who thence, following Secondary Road 1302 123-126, 134b, 134f; 29 F.R. 16210, as causes the fraudulent representation to amended) be made to criminal prosecution under in. a southeasterly and then southerly the provisions of the Commodity Credit direction to Secondary Road 1303; Effective date. The foregoing amend­ Corporation Charter Act. thence, following Secondary Road 1303 in ments shall become effective upon a southwesterly direction to Second­ issuance. (Secs. 4, 5, 62 Stat. 1070, as amended; secs. ary Road 1304; thence, following Sec­ 101, 103 , 401, 63 Stat. 1051, as amended; 15 ondary Road 1304 in a southerly direc­ The amendments quarantine a por­ U.S.C. 714 b and c; 7 U.S.C. 1441, 1444, 1421) tion of Washington County, N.C., and a tion to U.S. Highway 64; thence, portion of Grayson County, Tex., because Effective date: Upon publication in the following U.S. Highway 64 in a south­ of the existence of hog cholera. This ac­ F ederal R egister. easterly direction to Secondary Road tion is deemed necessary to prevent fur­ 1141; thence, following Secondary Road ther spread of the disease. The restric­ Signed at Washington, D.C., on 1141 in a southeasterly direction to Sec­ October 5,1970. tions pertaining to the interstate move­ ondary Road 1142; thence, following Sec­ ment of swine and swine products from K enneth E. F rick, ondary Road 1142 in a generally westerly or through quarantined areas as con­ Executive Vice President, direction to Secondary Road 1143; tained in 9 CFR Part 76, as amended, will Commodity Credit Corporation. thence, following Secondary Road 1143 in apply to the quarantined portions of such [F.R. Doc. 70-13567; Filed, Oct. 8, 1970; a southerly direction to the southwestern counties. 8:49 a.m.] junction of Secondary Road 1146 at Secondary Road 1146; thence, following The amendments also exclude portions of Coffee, Crenshaw, and Covington Secondary Road 1146 in a generally Counties in Alabama from the areas northeasterly and thence southeasterly quarantined because of hog cholera. Title 9— ANIMALS AND direction to Secondary Road 1155; Therefore, the restrictions pertaining to thence, following Secondary Road 1155 the interstate movement of swine and ANIMAL PRODUCTS in a southwesterly direction to Second­ swine products from or through quaran­ ary Road 1149; thence, following Sec­ tined areas as contained in 9 CFR Part Chapter I— Agricultural Research ondary Road 1149 in a generally westerly 76, as amended, will not apply to the ex­ Service, Department of Agriculture and thence southerly direction to the northern bank of the Main Canal; cluded areas, but will continue to apply SUBCHAPTER C— INTERSTATE TRANSPORTATION thence, following the northern bank of to the quarantined areas described in OF ANIMALS AND POULTRY the Main Canal in a generally north­ § 76.2. Further, the restrictions pertain­ PART 71— GENERAL PROVISIONS westerly direction to U.S. Highway 64 ing to the interstate movement of swine (also State Highway 32); thence, follow­ and swine products from nonquarantined Identification for Interstate Movement ing U.S. Highway 64 (also State Highway areas contained in said Part 76 will apply of Cattle 32) in a generally northeasterly direction to the areas excluded from quarantine. Correction to Secondary Road 1300; thence, follow­ Insofar as the amendments impose ing Secondary Road 1300 in a north­ certain further restrictions necessary to In F.R. Doc. 70-11915 appearing at westerly direction to the east bank of prevent the interstate spread of hog page 14197 in the issue for Wednesday, Mackeys Creek; thence, following the chlorea, they must be made effective im­ September 9, 1970, the word “designa­ east bank of Mackeys Creek in a north­ mediately to accomplish their purpose tion” in the second line of § 71.18(a) (1) erly direction to the south bank of the in the public interest. Insofar as they (i) should read “destination”. Albemarle Sound; thence, following the relieve restrictions, they should be made south bank of the Albemarle Sound in a effective promptly in order to be of maxi- [Docket No. 70-275] generally northeasterly direction to its mum benefit to affected persons. junction with State Highway 32. Accordingly, under the administra­ PART 76— HOG CHOLERA AND tive procedure provisions in 5 U.S.C. 553, OTHER COMMUNICABLE SWINE * * * * * it is found upon good cause that notice DISEASES 2. In § 76.2 in paragraph (e) (13) re­ and other public procedure with respect lating to the State of Texas, a new sub­ to the amendments are impracticable, Areas Quarantined division (xix) relating to Grayson unnecessary and contrary to the public Pursuant to provisions of the Act of County is added to read: nterest, and good cause is found for mak- May 29, 1884, as amended, the Act of (e) * * * :_____aMaaiuta loco fViQTT 50 Hflvs âftcr February 2, 1903, as amended, the Act (13) Texas. * * * publication in the F ederal R egister. of March 3,1905, as amended, the Act of (xix) That portion of Grayson County September 6,1961, and the Act of July 2, bounded by a line beginning at the junc­ Done at Washington, D.C., this 6th day 1963 (21 U.S.C. 111-113, 114g, 115, 117, tion of U.S. Highway 75 and U.S. High­ of October 1970. 120, 121, 123-126, 134b, 134f), Part 76, way 69; thence, following U.S. Highway F. J. Mtjlhern, Title 9, Code of Federal Regulations, re­ 69 in a southeasterly direction to the Acting Administrator, stricting the interstate movement of Penland-Antioch Road; thence, follow­ Agricultural Research Service. swine and certain products because of ing the Denison-Antioch Road at Pen- [F.R. Doc. 70-13585; Filed, Oct. 8, 1970; hog cholera and other communicable land in a southwesterly, then easterly 8:50 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 RULES AND REGULATIONS 15903

[Docket No. 70—276] 2. In § 76.2, in paragraph (e) (6) re­ lating to the State of Massachusetts, Title 12— BANKS AND BANKING PART 76— HOG CHOLERA AND subdivision (i) relating to Bristol County OTHER COMMUNICABLE SWINE is amended to read: Chapter II— Federal Reserve System DISEASES (e) * * * SUBCHAPTER A— BOARD OF GOVERNORS OF (6) Massachusetts, (i) That portion of THE FEDERAL RESERVE SYSTEM Areas Quarantined Bristol County comprised of Fairhaven [Reg. D] Pursuant to provisions of the Act of and New Bedford Townships, and Nor­ May 29, 1884, as amended, the Act of ton Town, Raynham Town, and Taunton PART 204— RESERVES OF MEMBER February 2,1903, as amended, the Act of Town. BANKS March 3, 1905, as amended, the Act * * * * * of September 6, 1961, and the Act of (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, Transfers From Savings Deposits to July 2,1962 (21 U.S.C. 111-113,114g, 115, 2, 32 Stat. 791-792, as amended, secs. 1-4, 33 Cover Checks 117, 120, 121, 123-126, 134b, 134f), Part Stat. 1264, 1265, as amended, sec. 1, 75 Stat. 1. Effective November 9, 1970, § 204.1 76, Title 9, Code of Federal Regulations, 481, secs. 3 and 11, 76 Stat. 130, 132; 21 U.S.C. (e)(1) is amended to read as follows: restricting the interstate movement of 111, 112, 113, 114g, 115, 117, 120, 121, 123-126, swine and certain products because of 134b, 134f; 29 F.R. 16210, as amended) § 204.1 Definitions. hog cholera and other communicable Effective date. The foregoing amend­ * * * * * swine diseases, is hereby amended in the ments shall become effective upon • (e) Savings deposits. The term “sav­ following respects: issuance. ings deposit” means a deposit— 1. In § 76.2, in paragraph (e) (9) re­ The amendments quarantine portions (1) Which consists of funds deposited lating to the State of North Carolina, of Chatham, Moore and Randolph Coun­ to the credit of one or more individuals, a new subdivision (vii) relating to ties in North Carolina because of the ex­ or of a corporation, association, or other Chatham, Moore and Randolph Counties istence of hog cholera. This action is organization operated primarily for re­ is added to read: deemed necessary to prevent further ligious, philanthropic, charitable, edu­ (0) * * * spread of the disease. The restrictions cational, fraternal, or other similar pur­ (9) North Carolina. * * * pertaining to the interstate movement of poses and not operated for profit;4 or in swine and swine products from or which the entire beneficial interest is (vii) The adjacent portions of Chat­ through quarantined areas as contained ham, Moore, and Randolph Counties held by one or more individuals or by bounded by a line beginning at the junc­ in 9 CFR Part 76, as amended, will apply such a corporation, association, or other tion of State Highway 902 and Secondary to the quarantined portions of such organization, except where the deposit Roads 1100 and 1006 in Chatham Counties. is to the credit of the bank’s own trust County; thence, following Secondary The amendments also exclude a por­ department and the funds involved are tion of Bristol County, Mass., from the utilized to cover checks; and Road 1100 in a northwesterly direction areas quarantined because of hog chol­ to Secondary Road 1145; thence, follow­ * * * * He ing Secondary Road 1145 in a westerly era. Therefore, the restrictions pertain­ direction to Secondary Road 2646 in ing to the interstate movement of swine 2a. By notice of proposed rule making Randolph County; thence, following and swine products from or through published in the F ederal R egister of Secondary Road 2646 in a southwesterly quarantined areas as contained in 9 CFR April 1, 1970 (35 F.R. 5416), the Board direction to State Highway 22 and 42; Part 76, as amended, will not apply to proposed to amend § 204.1(b) so as to thence, following State Highway 22 and the excluded area, but will continue to prevent the use of a time deposit in tan­ 42 in a northwesterly direction to the apply to the quarantined areas described dem with a checking account for the south bank of Brush Creek; thence, fol­ in § 76.2. Further, the restrictions per­ purpose of avoiding the higher demand lowing the south bank of Brush Creek taining to the interstate movement of deposit reserve requirements properly in a southwesterly direction to the east swine and swine products from non- applicable to such funds. bank of Deep River; thence, following quarantined areas contained in said Part b. In view of comments received, the the east bank of the Deep River in a 76 will apply to the area excluded from amendment adopted is narrower in scope generally southeasterly direction to State quarantine. than the version proposed for comment. Highway 22 in Moore County; thence, Insofar as the amendments impose The amendment as adopted is designed following State Highway 22 in a north­ certain further restrictions necessary to to prevent the use of funds deposited by e r l y direction to Secondary Road' prevent the interstate spread of hog a trust department of a member bank icnn !'llence> following Secondary Road cholera, they must be made effective im­ in a savings deposit in the commercial 1600 in a northeasterly direction to mediately to accomplish their purpose department of that bank in tandem with Secondary Road 1614; thence, follow- in the public interest. Insofar as they a checking account so as to avoid the mg Secondary Road 1614 in a north­ relieve restrictions, they should be made higher demand deposit reserve require­ erly direction to Secondary Road 1615; effective promptly in order to be of max­ ments. In confining the amendment to thence, following Secondary Road 1615 imum benefit to affected persons. savings deposits of a trust department, m a southeasterly direction to Sec­ Accordingly, under the administrative it is intended that the trust department ondary Road 1616; thence, following procedure provisions in 5 U.S.C. 553, it of a member bank may continue to clas­ econdary Road 1616 in a northerly is found upon good cause that notice and sify a certain portion of the funds on direction and continuing in a north- other public procedure with respect to deposit in its commercial department as . uy direction along Secondary Road 2321 the amendments are impracticable, un­ a time deposit in accordance with the m Chatham County to State Highway necessary, and contrary to the public r?’ tnence, following State Highway 42 interest, and good cause is found for * Deposits in Joint accounts of two or more m a northwesterly direction to Sec- making them effective less than 30 individuals may be classified as savings de­ n. arj Road 2319; thence, following days after publication in the F ederal posits if they meet the other requirements Secondary Road 2319 in a northerly di- R egister. of the above definition, but deposits of a rection to Secondary Road 2314; thence, Done at Washington, D.C., this 6th partnership operated for profit may not be mg. Secondary Road 2314 in a day of October 1970. so classified. Deposits to the credit of an X d direction to Secondary individual of funds in which any beneficial interest is held by a corporation, partner­ Road n !6«: thence’ following Secondary F. J. Mulhern, Acting Administrator, ship, association, or other organization op­ to i T J 11 a northwesterly direction erated for profit or not operated primarily and J S i 10n y ith State Highway 902 Agricultural Research Service. for religious, philanthropic, charitable, edu­ and Secondary Highway 1100. [F.R. Doc. 70-13586; Filed, Oct. 8, 1970; cational, fraternal, or other similar purposes 8:50 a.m,] may not be classified as savings deposits.

FEDERAL REGISTER, YOU 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15904 RULES AND REGULATIONS interpretation set forth at § 204.102 that the Federal Aviation Administration miles southeast of the Magnolia LOM, ex­ (1959 Federal Reserve Bulletin 1475). was considering amendments to Part 71 cluding the portion within the Seattle, Wash. c. The amendment was adopted by of the Federal Aviation Regulations that (Seattle-Tacoma International Airport), con­ trol zone, and the portion within the Renton, the Board after consideration of all rele­ would alter the descriptions of the Ren­ Wash., control zone when the Renton control vant material, including communica­ ton, Wash., and Seattle, Wash. (Boeing zone is effective. tions received from interested persons. Field International), control zones. [F.R. Doc. 70-13523; Filed, Oct. 8, 1970; By order of the Board of Governors, Interested persons were given 30 days 8:46 a.m.] October 1, 1970. in which to submit written comments, suggestions, or objections. No objections [seal] K enneth A. K enyon, have been received, and the proposed [Airspace Docket No. 70-WE-65] Deputy Secretary. amendments are hereby adopted subject [F.R. Doc. 70-13513; Filed, Oct. 8, 1970; to the following change: PART 71— DESIGNATION OF FEDERAL 8:45 a.m.] In the fourth line of the description AIRWAYS, AREA LOW ROUTES, of the Seattle, Wash. (Boeing Field In­ CONTROLLED AIRSPACE, AND RE­ ternational) control zone after “thence” PORTING POINTS insert the word “clockwise.” Title 14— AERONAUTICS AND Alteration of Control Zone and Effective date. These amendments shall Transition Area be effective 0901 G.m.t., December 10, SPACE 1970. On August 20, 1970, a notice of pro­ Chapter I— Federal Aviation Admin­ posed rule making was published in the (Sec. 307(a), Federal Aviation Act of 1958, F ederal R egister (35 F.R. 13293) stating istration, Department of Transpor­ as amended, 49 U.S.C. 1348(a); sec. 6(c), De­ partment of Transportation Act, 49 U.S.C. that the Federal Aviation Administration tation 1655(c)) was considering amendments to Part 71 [Airspace Docket No. 70-SO-80] of the Federal Aviation Regulations that Issued in Los Angeles, Calif., on Sep­ would alter the descriptions of the Eu­ PART 71— designation o f f ed er a l tember 30,1970. gene, Oreg., control zone and transition AIRWAYS, AREA LOW ROUTES, Lee E. Warren, area. CONTROLLED AIRSPACE, AND RE­ Acting Director, Western Region. Interested persons were given 30 dSys PORTING POINTS In § 71.171 (35 F.R. 2054) the descrip­ in which to submit written comments, tion of the Renton, Wash., control zone suggestions, or objections. No objections Alteration of Control Zone is amended to read as follows: have been received and the proposed amendments are hereby adopted without The purpose of this amendment to R e n t o n , W a sh . change. Part 71 of the Federal Aviation Regula­ That airspace bounded by a line begin­ tions is to alter the Anniston, Ala., con­ ning at latitude 47°32'10'' N., longitude Effective date. These amendments shall trol zone. 122°12'40'' W.; thence clockwise along an arc be effective 0901 G.m.t., December 10, The Anniston control zone is described of a 3-mile radius circle centered on the 1970. in § 71.171 (35 F.R. 2054). In the descrip­ Renton Municipal Airport (latitude 47°29'- (Sec. 307(a), Federal Aviation Act of 1958, as tion, reference is made to a 1.5-mile ra­ 35" N., longitude I22°12'50" W.) to latitude amended, 49 U.S.C. 1348(a), sec. 6(c), De­ dius of Lee Brothers Airport. The Lee 47°27'59" N., longitude 122°09'46" W., to partment of Transportation Act, 49 U.S.C. Brothers Airport is scheduled to be per­ latitude 47°27'38" N», longitude 122°09'24" 1655(c)) W., to latitude 47°26'24" N., longitude manently deactivated on October 1,1970; 122° 12'06" W., thence counterclockwise via Issued in Los Angeles, Calif., on Sep­ therefore, it is necessary to alter the an arc of a 5-mile radius circle centered on tember 30,1970. description accordingly. Since this Seattle-Tacoma International Airport (lati­ Lee E. Warren, amendment lessens the burden on the tude 47°26'50" N., longitude 122°18'30" W.) Acting Director, Western Region. public, notice and public procedure to latitude 47°27'00" N., longitude 122°11'- hereon are unnecessary. 50” W., to latitude 47°28'09" N., longitude In § 71.171 (35 F.R. 2054) the descrip­ In consideration of the foregoing, Part 122°13'33” W., to latitude 47°31'27" N., tion of the Eugene, Oreg. control zone longitude 122° 13'33" W., thence to point of is amended to read as follows: 71 of the Federal Aviation Regulations is beginning. This control zone is effective from amended, effective 0901 G.m.t., Octo­ 0700 to 2300 hours local time daily. E u gene, O reg. ber 1, 1970, as hereinafter set forth. Within a 5-mile radius of Mahlon-Sweet In § 71.171 (35 F.R. 2054), the Annis­ In § 71.171 (35 F.R. 2054) the descrip­ Field (latitude 44°07'25" N., longitude 123°- ton, Ala. control zone is amended as tion of the Seattle, Wash. (Boeing Field 13'05" W.), within 3 miles each side of the follows: “* * * within a 1.5-mile radius International), control zone is amended Eugene VORTAC 008° radial, extending from of Lee Brothers Airport (lat. 33°37'30" to read as follows: the 5-mile radius zone to 8 miles north of N., long. 85°47'20'' W.) * * *.” is deleted. Seattle, W a sh . (B oeing F ield the VORTAC, and within 2.5 miles each 6ide I nternational ) of the Eugene VORTAC 172° radial, extend­ (Sec. 307(a), Federal Aviation Act of 1958, ing from the 5-mile radius zone to 9 miles 49 U.S.C. 1348(a); sec. 6(c), Department of That airspace bounded by a line beginning south of the VORTAC. Transportation Act, 49 U.S.C. 1655(c)) at latitude 47°34'10" N., longitude 122°12'- 40" W., to latitude 47°32'10" N., longitude In § 71.181 (35 F.R. 2134) the descrip­ Issued in East Point, Ga., on October 1, 122°12'40" W., thence clockwise via an arc tion of the Eugene, Oreg., transition area 1970. of a 3-mile radius circle centered on Renton is amended as follows: In the fifth and J ames G. R ogers, Municipal Airport (latitude 47°29'35" N., Director, Southern Region. longitude 122°12'50" W.) to latitude 47°27'- sixth lines of the text delete “* * ^ 59" N„ longitude 122°09'46" W., to latitude miles east of and parallel to the Eugene [F.R. Doc. 70-13522; Filed, Oct. 8, 1970; VORTAC 172° radial, * * *” and sub­ 8:46 a.m.] 47°27'38" N„ longitude 122°09'24" W., to latitude 47°26'24" N., longitude 122°12'06" stitute therefor “* * * 4.5 miles east W., thence counterclockwise via an arc of a of and parallel to the Eugene VORTAC [Airspace Docket No. 70-WE-61] 5-mile radius circle centered on Seattle- 172° radial * * At the end of the Tacoma International Airport (latitude 47 °- description of the transition area delete PART 71— designation o f fed er a l 26'50" N., longitude 122°18'30" W.) to lati­ “* * * radial.” and add the following tude 47°27'00" N., longitude 122°11'50" W., “* * * radial and ihat airspace North­ AIRWAYS, AREA LOW ROUTES, to latitude 47°28'09" N., longitude 122° 13'- CONTROLLED AIRSPACE, AND RE­ 33" W., to latitude 49°29'20" N., longitude east of Eugene bounded on the north by PORTING POINTS 122°23'10" W., thence clockwise along an arc the south edge of V-536, on the south by of a 5-mile radius circle centered on Boeing the north edge of V-121, and on th Alteration of Control Zone Field International Airport (latitude 47°31'- northwest by the southeast edge 45" N., longitude 122°18'00" W.) to point On August 20, 1970, a notice of pro­ V-23E. of beginning; within 2 miles each side of [F.R. Doc. 70-13524; Filed, Oct. 8, 1970; posed rule making was published in the the 150° bearing from the Magnolia LOM, F ederal R egister (35 F.R. 13293) stating extending from the 5-mile radius arc to 2 8:46 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 RULES AND REGULATIONS 15905

[Airspace Docket No. 70-CE-45] bing VORTAC 340° radial; within a 13-mile mile radius area to 15% miles west of the radius of Hibbing VORTAO, extending from airport; and that airspace extending upward PART 71 — DESIGNATION OF FEDERAL the Hibbing VORTAC 095® radial clockwise from 1,200 feet above the surface bounded to the Hibbing VORTAC 256° radial; within on the north by a line 6 miles north of AIRWAYS, AREA LOW ROUTES, 4% miles northeast and 9% miles south­ and parallel to the centerline of V-216 east CONTROLLED AIRSPACE, AND RE­ west of the Hibbing VORTAC 313° radial, of the Muskegon, Mich., VORTAC and on the PORTING POINTS extending from the 27-mile radius area to west, south, and east by the arc of an 18- 33 % miles northwest of the VORTAC; and mile radius circle centered on the Muskegon Alteration of Control Zone and Tran­ within 4 % miles northwest and 9 % miles County Airport (latitude 43°10'16" N., sition Area and Revocation of southeast of the 210° bearing from Chis­ longitude 86°14'09" W.); and a line begin­ holm-Hibbing Airport, extending from the ning at latitude 42°54'35" N., longitude 86° Transition Area airport to 18 % miles southwest of the 13'00" W., extending to latitude 42°45'25” N., longitude 86°23'40" W.; to latitude 42° F ederal R egister airport. On page 11519 of the 35'00” N., longitude 86°17'30" W.; to lati­ dated July 17,1970, the Federal Aviation (3) § 71.181 (35 F.R. 234), the follow­tude 42°35'00" N., longitude 86°00'00" W.; Administration published a notice of pro­ ing transition area is revoked: Eveleth, to latitude 42°38'00" N., longitude 86°00'00" posed rule making which would amend Minn. W.; to latitude 42°38'00" N., longitude 85° §§ 71.171 and 71.181 of Part 71 of the Fed­ [F.R. Doc. 70-13525; Filed, Oct. 8, 1970; 15'00" W.; to latitude 43°16'00" N., longitude eral Aviation Regulations so as to alter 8:46 a.m.] 85°15'00" W.; to latitude 43°16'00" N., longi­ the control zone and transition area at tude 85°02'00" W.; to latitude 43°27'00" N., Hibbing, Minn., and revoke the transi­ longitude 85°02'00" W. tion area at Eveleth, Minn. [Airspace Docket No. 70-CE-54] [F.R. Doc. 70-13526; Filed, Oct. 8, 1970; Interested persons were given 45 days 8:46 a.m.] to submit written comments, suggestions PART 71— DESIGNATION OF FEDERAL AIRWAYS, AREA LOW ROUTES, or objections regarding the proposed [Airspace Docket No. 70-CE-56] amendments. CONTROLLED AIRSPACE, AND RE­ No objections have been received and PORTING POINTS PART 71— DESIGNATION OF FEDERAL the amendments as so proposed are AIRWAYS, AREA LOW ROUTES, hereby adopted, subject to the following Alteration of Control Zone and Transition Area CONTROLLED AIRSPACE, AND RE­ change: PORTING POINTS Place a period after the word “airport” On page 11520 of the F ederal R egister in Line 30 of the Hibbing, Minn., transi­ dated July 17, 1970, the Federal Aviation Alteration of Control Zone and tion area redesignation and delete Lines Administration published a Notice of Transition Area 31 and 32 from the redesignation. Proposed Rule Making which would These amendments become effective amend §§ 71.171 and 71.181 of Part 71 of On Pages 11637 and 11638 of the F ed­ 0901 G.m.t„ December 10,1970. the Federal Aviation Regulations so as eral R egister dated July 21, 1970, the (Sec. 307(a), Federal Aviation Act, 49 U.S.C. to alter the control zone and transition Federal Aviation Administration pub­ 1348; sec. 6 (c), Department of Transportation area at Grand Rapids, Mich. lished a notice of proposed rule making Act, 49 U.S.O. 1655(C) ) which would amend §§ 71.171 and 71.181 Interested persons were given 45 days of Part 71 of the Federal Aviation Regu­ Issued in Kansas City, Mo., on Sep­ to submit written comments, suggestions lations so as to alter the control zone tember 30,1970. or objections regarding the proposed amendments. and transition area at Eau Claire, Wis. D aniel E. B arrow, No objections have been received and Interested persons were given 45 days Director, Central Region. to submit written comments, suggestions, the amendments as so proposed are or objections regarding the proposed (1) In § 71.171 (35 F.R. 2054), the fol­ hereby adopted, subject to the following amendments. lowing control zone is amended to read: change: No objections have been received and H ibbing, M in n . The Kent County Airport coordinates the proposed amendments are hereby That airspace within a 5-mile radius of recited in the Grand Rapids, Mich., con­ adopted without change and are set forth Chisholm-Hibbing Airport (latitude 47° 23'- trol zone and transition area alteration below. 10" N., longitude 92°50'15” W.); within 2 as “latitude 42°53'00" N„ longitude 85°- miles each side of the Hibbing VORTAC 31'35" W.” are changed to read “latitude These amendments shall be effective 313° radial extending from the 5-mile radius 42°52'50" N., longitude 85°31'25" W ”. 0901 G.m.t., December 10, 1970. zone to 15 miles northwest of the VORTAC; These amendments shall be effective (Sec. 307(a), Federal Aviation Act of 1958, 49 within 1 % miles each side of the Hibbing 0901 G.m.t., December 10, 1970. U.S.C. 1348, sec. 6 (c), Department of Trans­ VORTAC 313° radial extending from the portation Act, 49 U.S.C. 1655(C) ) 5-mile radius zone to the VORTAC; and (Sec. 307(a), Federal Aviation Act of 1958, within 2 % miles each side of a 210° bearing 49 U.S.C. 1348; sec. 6 (c), Department of Issued in Kansas City, Mo., on Septem­ from the Chisholm-Hibbing Airport extend­ Transportation Act, 49 U.S.C. 1655(c)) ber 22,1970. ing from the 5-mile radius zone to 6% miles D aniel E. B arrow, southwest of the airport. Issued in Kansas City, Mo., on Sep­ Acting Director, Central Region. tember 22, 1970. (2) In § 71.181 (35 F.R. 2134), the fol­ (1) In § 71.171 (35 F.R. 2054), the fol­ lowing transition area is amended to D aniel E. B arrow, lowing control zone is amended to read: read: Acting Director, Central Region. E au Claire, W is . H ibbing, Min n . (1) In § 71.171 (35 F.R. 2054), the fol­ That airspace extending upward from 700 lowing control zone is amended to read: Within a 5-mile radius of Eau Claire Mu­ feet above the surface within an 11%-mile nicipal Airport (latitude 44°51'50" N., longi­ radius of Chisholm-Hibbing Airport (lati­ G rand R apids, M ic h . tude 91°29'10" W.); within 2% miles each tude 47° 23'10" N„ longitude 92°50'15" W.); Within a 5-mile radius of Kent County side of the 304° bearing from Eau Claire Mu­ 3 miles each side of the Hibbing Airport (latitude 42°52'50" N., longitude nicipal Airport extending from the 5-mile ra­ 111/ 313° radial, extending from the 85°31'25" W.). dius zone to 5% miles northwest of the /2 -mile radius area to 23 miles northwest airport; within 2% miles each side of the 041° the VORTAC; within an 11-mile (2) In §71.181 (35 F.R. 2134), the bearing from the Eau Claire Municipal Air­ Eveleth-Virginia Airport (latitude following transition area is amended to port, extending from the 5-mile radius zone V-4.Z- ~ N- longitude 92°29'50" W.); and to 5% miles northeast of the airport; and T?tÎVn 9% miles north and 4% miles south read: within 2% miles each side of the 274° bearing G rand R apids, Mic h . VOB 097° radial. extending from the Eau Claire Municipal Airport, ex­ H-mile radius area to 18% miles That airspace extending upward from 700 tending from the 5-mile radius zone to 5% east of the VOR; and that airspace extend- feet above the surface within a 9-mile radius miles west of the airport. upward from 1,200 feet above the sur­ of the Kent County Airport (latitude 42°52' (2) In § 71.181 (35 FiR. 2134), the fol­ irai?™!^111 a ,27_mile radius of the Hibbing 50" N., longitude 85°31'25” W.); within 2 V0 RÎ4« oc^ t€nding from the Hibbing miles each side of the 261° bearing from the lowing transition area is amended to RTAC 256 radial clockwise to the Hib- Kent County Airport extending from the 9- read:

No. 197. FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15906 RULES AND REGULATIONS

E au Claire, W is . only after extensive consideration and Interested persons were given 45 days That airspace extending upward from 700 discussion with Government agencies to submit written comments, suggestions feet above the surface within 11% -mile radi­ concerned and affected industry groups. or objections regarding the proposed us of Eau Claire Municipal Airport (latitude TERPS updates the criteria for the amendments. 44°51'50" N., longitude Ol^O'lO" W.); and establishment of instrument approach No objections have been received and within 2 miles each side of the 202° radial procedures in order to meet the safety the proposed amendments are hereby of the Eau Claire VORTAC extending from requirements of modern day aviation the 11%-mile radius area to 14 miles south­ adopted without change and are set forth west of the VORTAC; and that airspace ex­ and to make more efficient use of the below. tending upward from 1,200 feet above the ♦airspace possible. As a result, the criteria These amendments shall be effective surface within a 20-mile radius of the Eau for designation of controlled airspace for 0901 G.m.t., December 10,1970. the protection of these procedures were Claire VORTAC; and that airspace extending (Sec. 307(a), Federal Aviation Act of 1958, upward from 4,000 feet MEL southwest of modified to conform to TERPS. The new 49 U.S.C. 1348, sec. 6 (c), Department of Eau Claire bounded on the east by V-129, on criteria requires minor alteration of the Transportation Act, 49 U.S.C. 1655 (c) ) the southwest by, V—2N, and on the north Gaylord, Mich., transition area. Action is by V-26S. taken herein to reflect this change. Issued in Kansas City, Mo., on Septem­ [FJR. Doc. 70-13527; Filed, Oct. 8, 1970; Since changes in most, if not all, exist­ ber 25, 1970. 8:46 a.m.] ing airspace designations are required in D aniel E. B arrow, order to achieve the increased safety and Acting Director, Central Region. [Airspace Docket No. 70-CE-57] efficient use of the airspace that TERPS (1) In §71.171 (35 F.R. 2054), the is designed to accomplish and since these following control zone is amended to PART 71— DESIGNATION OF FEDERAL changes are minor in nature, notice and read: AIRWAYS, AREA LOW ROUTES, public procedure hereon have been de­ H o u ghton, M ic h . termined to be both unnecessary and im­ CONTROLLED AIRSPACE, AND RE­ Within a 5-mile radius of Houghton PORTING POINTS practicable. County Memorial Airport (latitude 47°10'10'' In consideration of the foregoing, Part N., longitude 88°29'20'' W.) ; within 3 miles Alteration of Transition Area 71 of the Federal Aviation Regulations is each side of the 020° bearing from the amended effective 0901 G.m.t., December Houghton RBN, extending from the 5-mile On Page 11638 of the F ederal R egister 10, 1970, as hereinafter set forth: radius zone to 6% miles north of the RBN; dated July 21,1970, the Federal Aviation In § 71.181 (35 F.R. 2134), the follow­ within 3 miles each side of the Houghton Administration published a notice of pro­ ing transition area is amended to read: VOR 308° radial, extending from the 5-mile posed rule making which would amend radius zone to 9% miles northwest of the § 71.181 of Part 71 of the Federal Avia­ G aylord, M ic h . VOR; and within 3% miles each side of the tion Regulations so as to alter the transi­ That airspace extending upward from 700 Houghton VOR 141° radial, extending from the 5-mile radius zone to 10 miles southeast tion area at Newton, Kans. feet above the surface within an 8-mile ra­ of the VOR; and within 3 miles each side Interested persons were given 45 days dius of Otsego County Airport (latitude 45°- of the Houghton VOR 060° radial, extending to submit written comments, suggestions 00'50" N., longitude 84°41'45" W.) and that airspace extending upward from 1,200 feet from the 5-mile radius zone to 9 miles north­ or objections regarding the proposed above the surface within 9% miles north and east of the VOR. amendment. 4% miles south of the 085° bearing from the (2) in §71.181 (35 F.R. 2134), the No objections have been received and Otsego County Airport; extending from the the proposed amendment is hereby following transition area is amended to airport to 18% miles east of the airport and read: adopted without change and is set forth within 5 miles each side of the 265° bearing H o u g h to n , Mic h . below. from the Otsego County Airport extending This amendment shall be effective from the airport to 12 miles west of the air­ That airspace extending upward from 700 0901 G.m.t., December 10, 1970. port; that airspace extending upward from feet above the surface within a 17-mile radius 5,000 feet MSL within the area east of Gay­ of the Houghton VOR; and that airspace ex­ (Sec. 307(a), Federal Aviation Act of 1958, 49 lord bounded on the northeast by V—45 on tending upward from 1,200 feet above the US.C. 1348, sec. 6 (c), Department of Trans­ the southeast by V—45W and on the west by surface within 4% miles east and 9% miles portation Act, 49 U.S.C. 1655(c)) V-297; and within the area west and north west of the 020° bearing from the H oughton of Gaylord bounded on the east by V-297 on RBN, extending from the RBN to 18% miles Issued in Kansas City, Mo., on Sep­ the south by V-430 and on the northwest by north of the RBN; within 4% miles no rth ­ tember 22,1970. V—193. east and 9% miles southwest of the Hough­ ton VOR 308° radial, extending from the D aniel E. B arrow, (Sec. 307(a), Federal Aviation Act of 1958, VOR to 18% miles northwest of the VOR; Acting Director, Central Region. 49 UJS.C. 1348, sec. 6 (c), Department of within 4% miles southeast and 9% miles In § 71.181 (35 F.R. 2134), the follow­ Transportation Act, 49 U.S.C. 1655(c)) northwest of the Houghton VOR 060° rad ia, extending from the VOR to 18% miles nort - ing transition area is amended to read: Issued in Kansas City, Mo., on Septem­ east of the VOR; and within 4% miles so u th ­ New t o n , K a n s. ber 22, 1970. west and 9 % miles northeast of the Houghto D aniel E. Barrow, VOR 141° radial, extending from the VOK That airspace extending upward from 700 Acting Director, Central Region. to 18% miles southeast of the VOR. feet above the surface within an 8%-mile radius of Newton Municipal Airport (lati­ [F.R. Doc. 70-13529; Filed, Oct. 8, 1970; [F.R. Doc. 70-13530; Filed, Oct. 8, 1970; tude 38°03'20" N., longitude 97°16'35" W.). 8:46 a.m.] 8:46 a.m.] [F.R. Doc. 70-13528; Filed, Oct. 8, 1970; 8:46 a.m.] [Airspace Docket No. 69—CE—105] [Airspace Docket No. 70-CE-66] PART 71— DESIGNATION OF FEDERAL PART 71— DESIGNATION OF FEDERAL [Airspace Docket No. 70—CE—96] AIRWAYS, AREA LOW ROUTES, AIRWAYS, AREA LOW R°DTES' PART 71— DESIGNATION OF FEDERAL CONTROLLED AIRSPACE, AND RE­ CONTROLLED AIRSPACE, AND RE­ AIRWAYS, AREA LOW ROUTES, PORTING POINTS PORTING POINTS CONTROLLED AIRSPACE, AND RE­ Alteration of Control Zone and ¡¡nation of Transition Area PORTING POINTS Transition Area ,ge 12286 of the F ederal Regis- Alteration of Transition Area On Page 4264 of the F ederal R egister ed July 31, 1970, the federal The purpose of this amendment to dated March 7, 1970, the Federal Avia­ Administration published a Part 71 of the Federal Aviation Regula­ tion Administration published a Supple­ f proposed rule making w tions is to alter the transition area at mental notice of proposed rulemaking mend § 71.181 of Part 71 of th Gaylord, Mich. which would amend §§ 71.171 and 71.181 Aviation Regulations so as ^ U.S. Standard for Terminal Instru­ of Part 71 of the Federal Aviation Regu­ e a transition area at Pekin, ment Procedures (TERPS) became effec­ lations so as to alter the control zone and tive November 18, 1967, and was issued transition area at Houghton, Mich.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 RULES AND REGULATIONS 15907 Interested persons were given 45 days southeast of the airport; and within 5 Pa., control zone (35 F.R. 2073) and to submit written comments, suggestions miles each side of the 325° bearing from the transition area (35 F.R. 2172). Miller Field Airport extending from the air­ or objections regarding the proposed port to 12 miles northwest of the airport; Interested parties were given 30 days amendment. excluding the portion which overlies the after publication in which to submit No objections have been received and Ainsworth, Nebr., 1,200-foot floor transition written data or views. No objections to the proposed amendment is hereby area. the proposed regulations have been adopted without change and is set forth [F.R. Doc. 70-13532; Filed, Oct. 8, 1970; received. below. 8:46 a.m.] In view of the foregoing, the proposed This amendment shall be effective 0901 regulations are hereby adopted effective G.m.t., December 10, 1970. 0901 G.m.t., December 10,1970. (Sec. 307(a), Federal Aviation Act of 1958, [Airspace Docket No. 70-CE-68] (Sec. 307(a), Federal Aviation Act of 1958, 49 U.S.C. 1348, sec. 6(c), Department of PART 71— DESIGNATION OF FEDERAL 72 Stat. 749; 49 U.S.C. 1348, sec. 6(c) Depart­ Transportation Act, 49 U.S.C. 1655 (c)) ment of Transportation Act, 49 U.S.C. 1655 AIRWAYS, AREA LOW ROUTES, (c)) Issued in Kansas City, Mo., on Sep­ CONTROLLED AIRSPACE, AND RE­ tember 25, 1970. Issued in Jamaica, N.Y., on Septem­ PORTING POINTS ber 22,1970. D aniel E. B arrow, Designation of Transition Area Louis Cardinali, Acting Director, Central Region. Acting Director, Eastern Region. On page 12287 of the F ederal R egister In § 71.181 (35 F.R. 2134), the follow­ 1. Amend § 71.171 of Part 71 of the ing transition area is added: dated July 31, 1970, the Federal Aviation Administration published a notice of pro­ Federal Aviation Regulations so as to de­ P e k in , III. posed rule making which would amend lete the description of the Du Bois, Pa., That airspace extending upward from 700 § 71.181 of Part 71 of the Federal Avia­ control zone and insert the following in feet above the surface within a 6 % -mile tion Regulations so as to designate a lieu thereof: radius of the Pekin Municipal Airport (lati­ transition area at Lambertville, Mich. Within a 5-mile radius of the center, tude 40°29'25'' N., longitude 89°40'20" W.); Interested persons were given 45 days 41°10'45” N., 78°53'45” W. of Du Bois-Jeffer- excluding the portion which overlies the to submit written comments, suggestions, son County Airport and within 3 miles each Peoria, 111., 700-foot floor transition area. or objections regarding the proposed side , of the Du Bois ILS localizer northeast [F.R. Doc. 70-13531; Filed, Oct. 8, 1970; amendment. course, extending from the 5-mile radius 8:46 a.m.] No objections have been received and zone to 8.5 miles northeast of the OM. the amendment as so proposed is hereby 2. Amend § 71.181 of Part 71 of the [Airspace Docket No. 70-CE-67] adopted, subject to the following change: Federal Aviation Regulations so as to de­ The Wagon Wheel Airport coordinates lete the description of the Du Bois, Pa., PART 71— DESIGNATION OF FEDERAL recited in the Lambertville, Mich., transition area and insert the following AIRWAYS, AREA LOW ROUTES, transition area designation as “latitude in lieu thereof: CONTROLLED AIRSPACE, AND RE­ 41°44'00" N., longitude 83°39'00" W.” That airspace extending upward from 700 PORTING POINTS are changed to read “latitude 4T°43'45" feet above the surface within an 11.5 mile N., longitude 83°39'45" W.”. radius of the center, 41°10'45” N., 78°53'45” Designation of Transition Area This amendment shall be effective 0901 W. of Du Bois-Jefferson County Airport and G.m.t., December 10,1970. within 3.5 miles each side of the Du Bois tt.s On pages 12286 and 12287 of the F ei localizer northeast course extending from the eral R egister dated July 31, 1970, tl (Sec. 307(a), Federal Aviation Act of 1958, 11.5-mile radius area to 11.5 miles northeast 49 U.S.C. 1348; sec. 6(c), Department of of the OM. Federal Aviation Administration put Transportation Act, 49 U.S.C. 1655(c)) lished a notice of proposed rule makir [F.R. Doc. 70-13534; Filed, Oct. 8, 1970; which would amend § 71.181 of Part ' Issued in Kansas City, Mo., on Septem­ 8:47 a.m.] of the Federal Aviation Regulations i ber 25, 1970. as to designate a transition area at Va D aniel E. B arrow, entine, Nebr. Acting Director, Central Region. [Airspace Docket No. 70-EA-59] Interested persons were given 45 daj In § 71.181 (35 F.R. 2134), the follow­ PART 71— DESIGNATION OF FEDERAL to submit written comments, suggei ing transition area is added: tions, or objections regarding the prc AIRWAYS, AREA LOW ROUTES, posed amendment. Lambertville, Mic h . CONTROLLED AIRSPACE, AND RE­ No objections have been received an That airspace extending upward from 700 PORTING POINTS the proposed amendment is here! feet above the surface within a 5-mile radius Alteration of Control Zone and adopted without change and is set fort of the Wagon Wheel Airport (latitude 41°43'- below. 45” N., longitude 83°39'45” W.) and within Transition Area 2 miles each side of the 357° radial of the amendment shall be effects Waterville, Ohio, VORTAC, extending from On page 12559 of the F ederal R egister 0901 G.m.t., December 10, 1970. the 5-mile radius area to 14 miles north of for August 6, 1970, the Federal Aviation the VORTAC; excluding the portion which Administration published proposed regu­ io e<Ì;Ì 0Ji(a)’ Federal Aviation Act of 195 overlies the Toledo, Ohio, 700-foot floor lations which' would alter the Portland, *.348; sec- 6(c>- Department « transportation Act, 49 U.S.C. 1655(c)) transition area. Maine, control zone (35 F.R. 2133) and [F.R. Doc. 70-13533; Filed, Oct. 8, 1970; transition area (35 F.R.2246). temberWKUe the follow PART 71— DESIGNATION OF FEDERAL In view of the foregoing, the proposed mg transition area is added : AIRWAYS, AREA LOW ROUTES, regulations are hereby adopted effective Valen tin e, Nebr. CONTROLLED AIRSPACE, AND RE­ 0901 G.m.t., December 10,1970. 700 ^eet extending upward fro: PORTING POINTS (Sec. 307(a), Federal Aviation Act of 1958, radiu^L >the surface within a 9-mi 72 Stat. 749; 49 U.S.C. 1348; Sec. 6(c), Depart­ 42°51'25” ^ M.Uler Field Airport (latituc Alteration of Control Zone and ment of * Transportation Act, 49 U.S.C. and that Ì l i longitude 100°32'50” W. Transition Area 1655(c)) 1.200 feet extending upward fro: On page 12558 of the F ederal R egister Issued in Jamaica, N.Y. on Septem­ 145° i 1X11168 northeast of tl for August 6, 1970, the Federal Aviation ber 22,1970. extenSSg7roS °“hAthe, M1Uer Reld Administration published proposed regu­ George M. Gary, s irom the airport to 18% mill lations which would alter the Du Bois, Director, Eastern Region.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15908 RULES AND REGULATIONS

T. Amend § 71.171 of Part 71 of the [Airspace Docket No. 70-WE-62] to redesignate this jet route segment di­ Federal Aviation Regulations so as to PART 71— DESIGNATION OF FEDERAL rect between Front Royal and Buffalo. delete the description of the Portland, This direct alignment would reduce thè Maine, control zone and insert the fol­ AIRWAYS, AREA LOW ROUTES, route mileage and would provide opera­ lowing in lieu thereof: CONTROLLED AIRSPACE, AND RE­ tional advantages for the movement of Within a 5-mile radius of the center PORTING POINTS en route traffic by air traffic control. (43°38'50" N., 70°18'30" W.) of Portland In­ Designation of Control Zone Since this amendment is minor in na­ ternational Jetport, excluding the portion ture and no substantive change in the within a 1-mile radius of Oak Knoll Airport, On August 20, 1970 a notice of pro­ regulation is effected, notice and public Scarboro, Maine (43°35'21" N., 70°22'03" W.). posed rule making was published in the procedure thereon are unnecessary. How­ 2. Amend § 71.181 of Part 71 of the F ederal R egister (35 F.R. 13292) stat­ ever, since it is necessary that sufficient Federal Aviation Regulations so as to ing that the Federal Aviation Adminis­ time be allowed to permit changes to be delete the description of the Portland, tration was considering an amendment made on aeronautical charts, this Maine, 700-foot transition area and in­ to Part 71 of the Federal Aviation Regu­ amendment will become effective more sert the following in lieu thereof: lations that would designate a control than 30 days after publication. zone for El Monte, Calif., airport. In consideration of the foregoing, Part That airspace extending upward from 700 feet above the surface within a 7-mile radius Interested persons were given 30 days 75 of the Federal Aviation Regulations is of the center (43°38'50" N., 70°18'30" W.) in which to submit written comments, amended, effective 0901 G.m.t., Decem­ of Portland International Jetport; within suggestions, or objections. The State of ber 10, 1970, as hereinafter set forth. 4.5 miles south and 9.5 miles north of the California, Department of Aeronautics In § 75.100 (35 F.R. 2359) Jet Route Portland ILS localizer west course, extend­ objected to the proposed 5-mile radius No. 109 text is amended by deleting ing from the OM to 18.5 miles west of the zone and suggested that a 3-mile zone “Phillipsburg, Pa.,”. OM. be considered. A review of the airspace (Sec. 307(a), Federal Aviation Act of 1958, [F.R. Doc. 70-13535; Piled, Oct. 8, 1970; requirements for El Monte Airport re­ 49 U.S.C. 1348; sec. 6(c), Department of 8:47 a.m.] vealed that a 3-mile radius zone with a Transportation Act, 49 U.S.C. 1655(c) ) 2-mile extension on the final approach radial would contain the prescribed in­ Issued in Washington, D.C., on Octo­ [Airspace Docket No. 70-EA-81] strument procedure. Action is taken ber 2, 1970. PART 71— designation o f f ed er a l herein to alter the proposed control zone T. McCormack, accordingly. Acting Chief, Airspace and Air AIRWAYS, AREA LOW ROUTES, Since this amendment is less restric­ Traffic Rules Division. CONTROLLED AIRSPACE, AND RE­ tive than the original proposal, addi­ [F.R. Doc. 70-13538; Filed, Oct. 8, 1970; PORTING POINTS tional notice and public procedure are 8:47 a.m.] unnecessary. Alteration of Transition Area In consideration of the foregoing in The Federal Aviation Administration § 71.171 (35 F.R. 2054) the following is amending § 71.181 of Part 71 of the control zone is added. Title 18— CONSERVATION OF Federal Aviation Regulations so as to alter the Endicott, N.Y., transition area E l M on te, Ca lif. (35 F.R. 2175). Within a 3-mile radius of El Monte Air­ POWER AND WATER RESOURCES port (latitude 34°05'05" N., longitude A runway redesignation requires a 118°02'00" W.) and within 2 miles each side Chapter I— Federal Power change in the present description of the of the Pomona VORTAC 271° radial, extend­ Commission transition area to reflect the change. ing from the 3-mile radius zone to 8 miles [Docket No. R-380; Order No. 410] Since this amendment is editorial in west of the VORTAC. nature and imposes no burden on any Effective date. This amendment shall PART 154— RATE SCHEDULES AND person, notice and public procedure be effective 0901 G.m.t., December 10, TARIFFS hereon are unnecessary and the rule may 1970. be made effective in less than 30 days.\ PART 201— UNIFORM SYSTEM OF (Sec. 307(a), Federal Aviation Act of 1958, ACCOUNTS FOR NATURAL GAS In view of the foregoing, Federal as amended, 49 U.S.C. 1348(a); sec. 6(c), Aviation Administration having reviewed Department of Transportation Act, 49 U.S.C. COMPANIES (CLASS A AND the airspace requirements in the termi­ 1655(c)) CLASS B) nal airspace of Endicott, N.Y., the Issued in Los Angeles, Calif., on Sep­ PART 260— STATEMENTS AND amendment is herewith made effective tember 29, 1970. upon publication in the F ederal R egister REPORTS (SCHEDULES) as follows : Lee E. Warren, Accounting and Rate Treatment of 1. Amend § 71.181 of Part 71 of the Acting Director, Western Region. Federal Aviation Regulations so as to [F.R. Doc. 70-13537; Filed, Oct. 8, 1970; Advance Payments to Suppliers for delete in the description of the Endicott, 8:47 a.m.] Gas and Amending of Form N.Y., transition area the words “runway October 2, 1970. 22” and “runway 4” and insert in lieu [Airspace Docket No. 70-EA-76] On January 23, 1970, the Commission thereof, “runway 21” and “runway 3”, issued a notice of proposed rulemaking respectively. PART 75— ESTABLISHMENT OF JET in this proceeding (35 F.R. 4008, Mar. 3, (Sec. 307(a), Federal Aviation Act of 1958, ROUTES AND AREA HIGH ROUTES 1970) proposing to amend its regulations 72 Stat. 749; 49 U.S.C. 1348, sec. 6(c), De­ Alteration of Jet Route Segment under the Natural Gas Act so as to pro­ partment of Transportation Act, 49 U.S.C. vide for accounting and rate treatment 1655(c)) The purpose of this amendment to of advance payments made to suppliers Part 75 of the Federal Aviation Regula­ by pipelines for gas to be delivered at a Issued in Jamaica, N.Y., on Septem­ tions is to redesignate the segment of future date; and to amend its Uniform ber 23,1970. Jet Route No. 109 between Front Royal, System of Accounts for Class A and Class Louis J. Cardinali, Va„ and Buffalo, N.Y. B Natural Gas Companies and FPC Form Acting Director, Eastern Region. J-109 segment between Front Royal No. 2, Annual Report for Natural Gas [F.R. Doc. 70-13536; Filed, Oct. 8, 1970; and Buffalo is presently designated via Companies (Class A and B) consistent 8:47 a.m.] Phillipsburg, Pa. Action is taken herein with amendments to such regulations.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 RULES AND REGULATIONS 15909 Comments were invited from interested supply. The principal objection to alter­ 5. The text has been revised to ex­ persons to be submitted by February 27, native A was that pipeline companies clude amounts advanced which entitle 1970,1 on the alternatives therein pro­ would have to bear the cost of carrying the pipeline company to obtain an inter­ posed or any other appropriate alterna­ such advances until a rate base was filed. est in a lease, operations, or findings of tive thereto. Responses to submittals The general support of alternative B was any producer. were allowed to be filed by March 20, based on the assumption that the inclu­ As proposed in the notice of proposed 1970.3 An additional period of time until sion of carrying charges on advance rulemaking, the Commission is adopting, June 1, 1970, was granted to allow filing payments was proper; in some instances in modified form, in account 166 the responses to late submittals. In response its similarity to interest during construc­ proposition that: to this notice, the Commission received tion was cited. The principal objection to Outstanding advance payments should be comments from 34 respondents.3 alternative B was that it would allow ad­ reduced within a reasonable period of time The notice of proposed rulemaking vance payments in the rate base, while following commencement of deliveries (5 provided three alternative methods for allowing carrying charges to be com­ years at the maximum). A portion of all gas treatment of advance payments, and puted at the same time. Both alternative taken should be credited to outstanding ad­ proposed amendments to the Commis­ methods A and B were opposed by some vance payments; the reduction of the out­ sions, regulations under the Natural Gas respondents on the grounds that ad­ standing advance payments should not be dependent oh a buyer purchasing more than Act contingent on the treatment for ad­ vances would be diverted mainly to pipe­ 100 percent of the minimum take or pay vance payments adopted. These alterna­ line affiliated producers, giving them an quantity provided in the contract. tive methods were: unfair advantage over independent A. Advance payments for gas would be producers. To clarify the amount to be recovered recorded as prepayments and un­ Those who supported alternative C did and to provide for recovery of advance recovered advance payments would be so generally because of the adverse cost payments over periods extending more included in the rate base as part of effects that alternatives A and B would than 5 years, the revisions are being in­ working capital; have on consumers. On the other hand, cluded to allow Commission authoriza­ B. Advance payments would be re­ several respondents opposed alternative tion of variant periods, under unusual corded as prepayments and carrying method C because it was believed that if circumstances, and to state that ad­ charges capitalized until recovery of the it were adopted, it would be a depressant vances must be fully recovered within advances commenced, the unrecovered to development of future sources of sup­ 5 years, unless such authorization is advances and related carrying charges to ply of natural gas, and therefore not in obtained. be included in the rate base as working the public interest. The Commission In response to comments, the Commis­ capital and carrying charges on recov­ agrees with the comments in opposition. sion has included provisions for treat­ ered advances to be included as a cost It is the Commission’s view that, par­ ment of unrecoverable advance payments of purchased gas; or ticularly at the present time when there to be included in paragraph C of Ac­ C. Advance payments would be ex­ are indications of a natural gas shortage, count 166. In addition, paragraph D has cluded from the rate base. it is not in the public interest for pipe­ been added to specify accounting treat­ The changes to the Uniform System line companies to bear the cost of assur­ ment for recovered advance payments. of Accounts consist of revisions to ac­ ing themselves, and their customers of a Consistent with the amendments to count 165, Prepayments, and the addi­ future supply of natural gas. We believe § 154.63 of the regulations under the tion of a new account 166, Advance that, when it is necessary for pipeline Natural Gas Act adopted herein, the Payments for Gas, to provide uniform companies to make advance payments in Commission plans to consider those accounting harmonious with the rate order to contract for gas supplies, it is amounts recorded in Account 166, Ad­ treatment adopted. equitable that the companies should earn vance Payments for Gas, as rate base The Commission’s basic purpose in re­ on the amounts advanced. Therefore, the items, where found reasonable and ap­ vising FPC Form No. 2 as ordered herein Commission is rejecting alternative propriate. is to extend the same concepts to report­ method C. The Commission finds: ing as are being ordered for accounting While alternative A or B, both of (1) The notice and opportunity to in the Uniform System of Accounts. which were supported by respondents to participate in this proceeding with re­ the rule making, would enable the com­ spect to the matters presently before Upon consideration of the comments, panies to include advance payments in this Commission through the submis­ the Commission concludes that alterna­ the rate base, the Commission favors the sion, in writing, of data, views, com­ tive method A should be adopted because adoption of alternative method A. Alter­ ments, and suggestions in the manner of its accounting soundness and the en­ native method A is more consistent with as described above are consistent and couraging effects it would have on gas our regulatory policy in that amounts in­ in accordance with all procedural re­ cluded in the rate base should not con­ quirements therefor as prescribed in 1 Extension of time granted to Mar. 31, tinue to accrue interest. section 553 of title 5 of the United States 1970 (35 F.R. 4080, Mar. 4, 1970). As a result of comments received on Code. 2 Extensions of time granted to Apr. 21, (2) The amendments of the Commis­ 1970 (35 F.R. 4141, Mar. 5, 1970). the proposed text of new Account 166, 3 Cincinnati Gas & Electric Co., Pacific Gas Advance Payments for Gas, several sion’s Uniform System of Accounts, and Electric, Pacific Lighting Cos., Phila­ modifications have been made. Para­ regulations under the Natural Gas Act delphia Electric Co., Southern California graph A has been modified as follows: and Annual Report Form No. 2 schedules Edison Co., United Gas Illuminating Corp., 1. The definition of “exploration” has herein prescribed are necessary and ap­ Colorado Interstate Gas Co., Columbia Gas been expanded to include lease acquisi­ propriate for the administration of the System Service Corp., Consolidated Natural tion costs. Natural Gas Act. Gas Co., Natural Gas Pipeline Company of (3) Since the revised schedules of * ^merica> Northern Illinois Gas Co., Northern 2. The phrase “or otherwise” in the FPC Form No. 2 are being prescribed for Natural Gas Co., Pacific Gas Transmission first sentence of the paragraph referring Co., Panhandle Eastern Pipe Line Co., Texas to the repayment of advance payments the reporting year 1970, good cause Eastern Transmission Corp., Transcontinen­ has been deleted and a note added to the exists for making the amendments tal Gas Pipeline Corp., United Gas Pipe Line adopted herein effective immediately. Co Arthur Andersen and Co., Haskins and account specifying the procedures con­ (4) The changes prescribed herein sells, Troupe Kehoe Whitaker and Kent, Van cerning repayment of advances by other which were not included in the notice ocoyoc & Wiskup, Inc., American Gas Asso­ than the receipt of natural gas. in this proceeding are of a minor nature, ciation, Independent Natural Gas Associa­ 3. The criteria for recording amounts and further notice thereof is therefore tion of America, Ronald Seymour, California in the account has been clarified by pro­ co. (a division of Chevron Oil Co.), Glover unnecessary. Hefner Kennedy Oil Co., Mobil Oil Corp., viding that advances shall pertain to The Commission acting pursuant to n n Jrmerican Petroleum Corp., Shell Oil “each agreement” with a natural gas the authority granted by the Natural co„ Texaco, Inc., California Public Utilities producer. Gas Act, as amended, particularly by sec­ ommission, Illinois Commerce Commission, 4. Noncurrent advance payments have tions 4, 5, 7, 15, and 16 (52 Stat. 822, ampshire Public Utilities Commission, been defined as payments not to be re­ 823, 824, 825, 829, and 830 (1938); 56 d New York Public Service Commission. paid within 2 years. Stat. 83, 84 (1942) ; 61 Stat. 459 (1947) ;

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15910 RULES AND REGULATIONS clude any amounts where a company the main account, the nature of the charges 76 Stat. 72 (1962); 15 U.S.C. 717c, 717d, included therein. 717f, 717n, and 717o), orders: shall obtain an interest in a lease, opera­ Schedule E-2 setting forth monthly bal­ (A) The Commission’s Uniform Sys­tions or findings of a producer, including ances of material and supplies, prepayments, tem of Accounts for Class A and Class an affiliate producer, other than to re­ and advance payments on purchased gas for B Natural Gas Companies, prescribed by ceive deliveries of gas. 2 years Immediately preceding the 12 Part 201, Chapter 1, Title 18 of the Code B. Unless otherwise authorized by the months of actual experience used in the of Federal Regulations is amended as Commission outstanding advance pay­ filing. * * * follows: ments should be fully reduced within a (C) Effective for the reporting year 1. The Chart of Balance Sheet Ac­ reasonable period of time following com­ 1970, Schedule pages 110, 202, 210, 210A, counts is amended by adding a new ac­ mencement of deliveries. A sufficient por­ and 210B of FPC Form No. 2, Annual count title “166, Advance Payments for tion of all gas taken should be credited Report for Natural Gas Companies, Gas,” immediately following account title to outstanding advance payments so as Class A and Class B, prescribed by “165, Prepayments,” as follows: to eliminate the advance within a 5-year § 260.1, Chapter 1, Title 18 of the Code of period. The reduction of the outstanding Federal Regulations are amended as fol­ Balance Sheet Accounts advance payments should not be de­ lows, all as set out in the Attachments (Chart of Accounts) pendent on a buyer purchasing more than 100 percent of the minimum take hereto:* ASSETS AND OTHER DEBITS or pay quantity provided in the contract. (1) Schedule page 110, Comparative ***** Balance Sheet, is amended by inserting C. This account must be credited by item “23. Advance Payments for Gas 3. C urrent and Accrued Assets the amount of advances which become (166)” immediately following item “22. * * * * * nonrecoverable at. the time such amounts Prepayments (165).” 166 Advance Payments for Gas. are recognized as nonrecoverable. Non­ recoverable advance payments signifi­ (2) Schedule page 202, Investments ***** cant in amount may be charged to Ac­ (accounts 123, 124, 136), is amended by 2. The text of Balance Sheet Accounts count 435, Extraordinary Deductions, or adding a final sentence to instruction “4. is amended by revising account “165, when authorized by the Commission, Investment Advances” which reads “In­ Prepayments,” and adding a new ac­ charged to Account 186, Miscellaneous clude amounts reported in schedule count “166, Advance Payments for Gas,” Deferred Debits, and Amortized to Ac­ 210B.” as follows: count 813, Other Gas Supply Expenses. (3) Schedule page 210, Prepayments Nonrecoverable advance payments in­ (Account 165) is amended by revising Balance Sheet Accounts significant in amount should be charged the title for item 6 to read “6. Miscel­ ASSETS AND OTHER DEBITS directly to Account 813 in the year rec­ laneous prepayments” and by deleting line items 7, 8, and 9. * * * * * ognized as nonrecoverable. D. Recovered advance payments shall (4) Schedule page 210A, Gas Prepay­ 3. Current and Accrued Assets be credited to this account and charged ments Under Purchase Agreements is * * * * * to the appropriate gas purchase account. amended by deleting instruction 6. E. This account shall be maintained (5) Schedule page 210B, Advance 165 Prepayments. Payments for Gas Prior to Initial De­ A. This account shall include pay­ in such a manner as to allow full dis­ closure of each advance payment. liveries or Commission Certification is ments for undelivered gas and other pre­ amended by adding the words “(Ac­ payments of rents, taxes, insurance, No t e : If circumstances should cause the counts 124 and 166)” at the end of the interest, and like disbursements made repayment of the advance in other than gas, the company must submit the full details schedule title, and by revising instruc­ prior to the period to which they apply. involved as soon as such change becomes tion 1. Prepayments for gas are those amounts known. (D) This order is effective immedi­ paid to a seller of gas under “take or ately upon issuance. pay” provisions of a gas purchase con­ (B) Statement E—Working Capital, (E) The Secretary of the Commission tract for a sale certificated by the Com­ in paragraph (f) Description of State­ shall cause prompt publication of this mission where future makeup of the gas ments, of § 154.63 in Part 154, Rate order. not taken in the current period is pro­ Schedules and Tariffs, Subchapter E— vided for by the contract. Regulations Under Natural Gras Act, By the Commission. B. As the periods covered by such pre­ Chapter 1, Title 18 of the Code of Fed­ [seal] G ordon M. Grant, payments expire, credit this account and eral Regulations is amended as follows: Secretary. charge the proper operating expense or Item (b) in the first sentence of the [F.R. Doc. 70-13562; Filed, Oct. 8, 1970; other appropriate account with the second paragraph of Statement E is 8:49 a.m.] amount applicable to the period. amended by adding immediately follow­ C. This account shall be kept or sup­ ing the word “prepayments” the words ported in such a manner as to disclose “the unrecovered portion of advance the amount of each class of prepayments. payments to suppliers.” Schedules E -l Title 19— CUSTOMS DUTIES and E-2 are revised. As amended, these 166 Advance payments for gas. portions of Statement E read as follows: Chapter I— Bureau of Customs, Department of the Treasury A. This account shall include all ad­§ 154.63 Changes in a tariff, executed vance payments made for gas (whether service agreement or part thereof. [TD. 70-217] called “advance payments,” “contribu­ tion,” or otherwise) to others, including ***** PART 4— VESSELS IN FOREIGN AND affiliated companies, for exploration (f) Description of statements. * * * DOMESTIC TRADES (including lease acquisition costs), de- Statement E—Working Capital. * * * vélopment, or production of natural gas, The components of working capital may Coastwise Transportation; Israel when such advance payments are to be include (a) * * * (b) an allowance for the On the basis of information obtained repaid by delivery of gas. Under each average of 13 monthly balances of materials and supplies, prepayments, the unrecov­ and furnished by the Department agreement with payee, such payments ered portion of advance payments to sup­ State, it is found that the Govemment o must be made prior to initial gas de­ pliers, and gas for current delivery from un­ Israel extends to vessels of the Unitea liveries by the payee, or prior to Federal derground storage. * * * States, in ports of Israel, Privileges recip­ and/or State authorization, as appro­ rocal to those provided in § 4-93(f;,u/ ’ priate. Noncurrent advance payments ***** Customs Regulations, with respect _ Schedule E-l setting forth monthly bal­ not to be repaid in gas within a 2-year ances for materials and supplies, pre­ equipment for use with cargo vans u period shall be reclassified and trans­ payments, and advance payments in such vans, or shipping tanks; empty ferred to account 124, Other Invest­ detail as to disclose, either by subaccounts ments, for balance sheet purposes. Under regularly maintained on the books or by * Filed as part of the original document. no circumstances shall this account in­ analysis of the principal items included in

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 RULES AND REGULATIONS 15911 specifically designed for carriage aboard into consideration the circumstances establishment of an industry of the a vessel; empty instruments of interna­ causing the delay, the extent of the late­ United States, he shall, with the ap­ tional traffic exempted from application ness, and the amount of duty involved, proval of the Secretary, publish notice of of the customs laws by the Secretary of and the importer’s past record with re­ these facts in the F ederal R egister in a the Treasury pursuant to the provisions spect to the timeliness of filing entries. “Withholding of Appraisement Notice,” of section 322(a), Tariff Act of 1930 (19 In general, the district director shall not indicating: U.S.C. 1322(a)) and stevedoring equip­ cancel a claim for liquidated damages * * * * $ ment and material provided in § 4.93(a) upon payment of an amount in the lower (2), Customs Regulations, under the range of his discretion, if the entry is late (b) Six-month period. At any time conditions specified in the applicable by more than 3 working days. prior to the issuance of the withholding proviso to section 27, Merchant Marine (2) If he is satisfied that the violation of appraisement notice referred to in Act, 1920, as amended (46 U.S.C. 883). was incurred solely because of a delay in paragraph (a) of this section, importers Accordingly, paragraph (b) (2) of the return by Customs to the importer of and exporters concerned may request § 4.93, Customs Regulations, is amended documents necessary to make entry, he that the period of withholding of ap­ by the insertion of “Israel” in appro­ may cancel such liquidated damages praisement extend for a period longer priate alphabetical order in the list of without payment. than 3 months, but in no case longer countries under that paragraph. (3) If collection of an amount greater than 6 months. Upon receipt of such a re­ than that provided by this paragraph quest from importers and exporters con­ (80 Stat. 379, sec. 27,41 Stat. 999, as amended; cerned the Commissioner will decide 5 Ü.S.O. 301,46 U.S.C. 883) appears warranted, the case shall be for­ warded to the Bureau for disposition. whether appraisement should be with­ Effective date. This amendment shall The district director may refuse the held for a period longer than 3 months. If become effective on the date of its publi­ privilege of immediate delivery under the Commissioner decides that a period cation in the F ederal R egister. paragraph (a) of this section to any per­ of withholding of appraisement longer son who repeatedly files entries untimely. than 3 months is justified, he will, with [seal] Edw in F. R ains, the approval of the Secretary, publish a Acting Commissioner of Customs. (Secs. 623, 624, 46 Stat. 759, as amended; 19 withholding or appraisement notice upon Approved: September 29,1970. U.S.C. 1623, 1624) the same basis and containing informa­ tion of the same type as is required by Eugene T. R ossides, The amendment to § 8.59(j) shall be Assistant Secretary effective as to claims for liquidated dam­ paragraph (a) of this section, except of the Treasury. ages arising 30 days after the date of that the expiration date of the notice publication of this decision in the F ed­ may be 6 months from the date of publi­ [F.R. Doc. 70-13592; FUed, Oct. 8, 1970; eral R egister. cation of the notice in the F ederal 8:51 a.m.] R egister. Myles J. Ambrose, Commissioner of Customs. * * * * » [T.D. 70-218] (Sees. 201, 407, 42 Stat. 11, as amended, 18; Approved: October 1, 1970. 19 U.S.C. 160,173) PART 8— LIABILITY FOR DUTIES; Eugene T. R ossides, Effective date. This amendment shall ENTRY OF IMPORTED MERCHANDISE Assistant Secretary become effective on the date of its pub­ Cancellation of Claims for Liquidated of the Treasury. lication in the F ederal R egister. Damages [F.R. Doc. 70-13593; Filed, Oct. 8, 1970; [seal] M yles J. Ambrose, 8:51 a.m.] Section 8.59(j) provides for the cancel­ Commissioner of Customs. lation under certain conditions of liqui­ Approved: October 1, 1970. dated damages assessed for failure to file [T.D. 70-219] Eugene T. R ossides, a timely entry for merchandise (other PART 153— ANTIDUMPING than quota merchandise) released under Assistant Secretary a special permit. Upon application of the Withholding of Appraisement of the Treasury. importer, the district director is presently [F.R. Doc. 70-13594; Filed, Oct. 8, 1970; authorized to cancel such liquidated It has been decided to provide that 8:51 a.m.] damages upon payment of an appro­ withholding of appraisement notices in priate sum which shall not exceed 10 dumping cases as now issued by the percent of the duty assessed. Commissioner of Customs under § 153.34, Customs Regulations, will in the future A sum which shall not exceed 10 per­ be prepared for the approval of the Sec­ Title 21— FOOD AND DRUGS cent of the duty assessed does not consti­ retary of the Treasury in addition to Chapter I— Food and Drug Adminis­ tute a sufficient deterrent to prevent signature by the Commissioner. To ac­ delays in the filing of entries in many complish this, the phrase “with the ap­ tration, Department of Health, Edu­ cases, and there are cases in which cation, and Welfare greater relief is warranted. proval of the Secretary” is added, in the Accordingly, § 8.59 (j) is amended to appropriate places, to paragraphs (a) SUBCHAPTER A— GENERAL read as follows: and (b) of § 153.34. Section 153.34 accordingly is amended PART 2— ADMINISTRATIVE FUNC­ § 8.59 Applications; entry; procedure. as follows : TIONS, PRACTICES, AND PROCEDURES * * * * That portion of paragraph (a) which Subpart H— Delegations of Authority (j) When liquidated damages ha\ precedes subparagraphs (1) and (2), and been assessed for failure to file a timel paragraph (b) thereof are amended to R edelegations of Authority from Com­ read: missioner to Other Officers of the fo,r.merchandise not subject to Administration quota which has been released under § 153.34 Withholding of appraisement. 2 al Permit and the importer files a Under authority vested in the Secre­ apphcation for relief, the district directc (a) Three-month period. If the Com­ missioner determines during the course tary of Health, Education, and Welfare follows-0^ UP°n SUCh application a of his investigations that there are rea­ by the Federal Food, Drug, and Cos­ sonable grounds to believe or suspect metic Act (sec. 701(a), 52 Stat. 1055; 21 ■ kj satisfied that the delay wa that any merchandise is being, or is U.S.C. 371(a)) and delegated to the Com­ d a L i Uberate’ cancel such liquidate likely to be, sold at less than its foreign missioner of Food and Drugs (21 CFR DrK ?68 Upon the payment of an appro market value (or, in the absence of such 2.120), § 2.121 is amended to update and a ? « « shau not exce**1 value, then its constructed value) under add delegations of authority. Delegations than ?9r +duty.^sessed but not les the Antidumping Act, and if there is evi­ formerly appearing in paragraphs (b) amount t £ ^f.^m jning the appropriat dence on record concerning injury or unt the district director shall tak and (c) are revised and those that were likelihood of injury to or prevention of in subparagraphs (2), (3), and (4) of

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15912 RULES AND REGULATIONS paragraph (b) are set forth, as revised, uary 31, 1925 (Ch. 124, 43 Stat. 803); PART 2— ADMINISTRATIVE FUNC­ in new paragraph (p). A new delegation sections 12 to 15 of Reorganization Plan TIONS, PRACTICES, AND PROCEDURES regarding issuance of certificates of sani­ No. IV, effective June 30, 1940; and Re­ tation is set forth in new paragraph organization Plan No. 1 of 1953, effective Subpart H— Delegations of Authority (q). April 11,1953. G rants and F ellow ships Accordingly, § 2.121 is amended by re­ (2) Duly appointed and authorized vising paragraphs (b) and (c) and by inspectors, officers, and employees of the Pursuant to provisions of the Public adding paragraphs (p) and (q), as fol­ Food and Drug Administration who have Health Service Act (secs. 301, 311, 314, lows: been issued the Food and Drug Adminis­ 58 Stat. 691-95, as amended; 42 UB.C. tration official credentials consisting of 241, 243, 246) and under authority dele­ § 2.121 Redelegations of authority from gated to the Commissioner of Food and the Commissioner to other officers of FD Form 200a entitled “Identification the Administration. Record” and FD Form 200c entitled Drugs (21 CFR 2.120), the following new * • • • • “Specification of General and Special paragraph is added to § 2.121 to estab­ Authority” are designated by the lish the described delegation of (b) Delegations regarding authoriza­ authority: tion to hold informal hearings. The Di­ Commissioner of Food and Drugs: rectors of Bureaus, Regional Food and (i) To perform the duties enumerated § 2.121 Redelegations of authority from Drug Directors, and Deputy Regional in subparagraph (1) (i) and (ii) of this the Commissioner to other officers of Food and Drug Directors are authorized paragraph. the Administration. to designate officials to hold informal (ii) As officers and employees having ***** hearings under sections 305, 404(b), and the authority to request and the author­ (r) Delegations regarding awarding 801(a) of the Federal Food, Drug, and ity to have access to and copy and verify grants and fellowships. The Associate and Cosmetic Act, sections 7 and 14 of the records and reports required by sections Deputy Associate Commissioner for Federal Hazardous Substances Act, and 505 (i) and (j), 507 (d) and (g), and Science are authorized to award grants section 5 of the Federal Import Milk Act. 512 (1) and (m) of the Federal Food, and fellowships pursuant to sections 301, Officials so designated are delegated au­ Drug, and Cosmetic Act (21 U.S.C. 355 311, and 314 of the Public Health Service thority contemplated by section 1 of the (i) and (j), 357 (d) and (g), and 360b Act. Act of January 31,1925 (Ch. 124, 43 Stat. (1) and (m)). Effective date. This order is effective on 803); sections 12 to 15 of Reorganization (3) The Food and Drug Administra­ its date of signature. Plan No. IV, effective June 30, 1940; Re­ tion official credentials referred to in sub- (Secs. 301, 311, 314, 58 Stat. 691-95, as organization Plan No. 1 of 1953, effective paragraphs (1) and (2) of this paragraph amended; 42 U.S.O. 241, 243,246) April 11,1953; and section 556(c) of Title are described as follows: 5 U.S.C. (80 Stat. 386), to administer to or (i) FD Form 200a entitled “Identifica­ Dated: September 28, 1970. take from any person an oath, affirma­ tion Record” bears a color photograph, C harles C. E dwards, tion, affidavit, or deposition for use in description, and signature of the bearer, Commissioner of Foods and Drugs. any prosecution or proceeding under or an identification number, an expiration in enforcement of any law as cited in [F.R. Doc. 70-13515; Filed, Oct. 8, 1970; date, the Department of Health, Educa­ 8:45 a.m.] this section. tion, and Welfare seal with blue imprint (c) Delegations regarding authoriza­ centered to the left of the photograph tion to request samples of imports. The and the Food and Drug Administration Regional Food and Drug Directors and symbol centered to the right of the photo­ Deputy Regional food and Drug Direc­ graph. Title 22— FOREIGN RELATIONS tors are authorized to designate officials (ii) FD Form 200b entitled “Specifica­ Chapter I— Department of State who may request, pursuant to section tion of General Authority” bears the 801(a) of the Federal Food, Drug, and [Departmental Reg. 108.626] Cosmetic Act and section 14 of the Fed­ holder’s name, his general authority, an eral Hazardous Substances Act, from the identification number, an expiration PART 41— VISAS: DOCUMENTATION Secretary of the Treasury samples of date, and the Commissioner’s signature. OF NONIMMIGRANTS UNDER THE foods, drugs, devices, cosmetics, or (iii) FD Form 200c entitled “Specifica­ IMMIGRATION AND NATIONALITY tion of General and Special Authority” hazardous substances imported, or of­ ACT, AS AMENDED fered for import, in order to determine bears the holder’s name, his general and whether such articles are in compliance special authority, an identification num­ Refusal and Revocation of with those acts. ber, an expiration date, and the Com­ Nonimmigrant Visas * * * ★ * missioner’s signature and is superimposed in the lower right corner with a red, Part 41, Chapter I, title 22 of the Code (p) Delegations regarding enforce­ white, and blue stripe imprint. of Federal Regulations is being amended ment activities. (1) Duly appointed and (iv) Both FD Form 200b and FD Form to conform to changes already made in authorized inspectors, officers, and em­ 200c bear the name of the Department Part 42, § 42.134 concerning revocation ployees of the Food and Drug Adminis­ of Health, Education, and Welfare, Pub­ of visas. tration who have been issued the Food lic Health Service, and Food and Drug Section 41.134 is amended as follows: and Drug Administration official cre­ Administration and are superimposed dentials consisting of FD Form 200a § 41.134 Revocation and invalidation of with the Department seal with blue im­ visas. entitled “Identification Record” and FD print. Form 200b entitled “Specification of * * * ' * * General Authority” are designated by the (q) Delegations regarding certification (h) Reconsideration of revocation or Commissioner of Food and Drugs: following inspections. Regional Food and invalidation. (1) The consular officer (i) To conduct examinations, inspec­ Drug Directors and Deputy Regional shall consider any evidence which may tions, and investigations; to collect and Food Food and Drug Directors are au­ be submitted by the alien, his attorney, obtain samples; to have access to and thorized to issue certificates of sanitation or representative in conection with a re­ to copy and verify records; and to super­ pursuant to § 72.181 (42 CFR 72.181). quest that the revocation or invalidation vise compliance operations, for the en­ Effective date. This order is effective as of the visa be reconsidered. If the evi­ forcement of the Federal Food, Drug, and of July 1, 1970. dence is sufficient to overcome the basi Cosmetic Act, the Fair Packaging and for the revocation or invalidation, a new Labeling Act, the Federal Caustic Poison (Sec. 701(a), 52 Stat. 1055; 21 U.S.C. 371(a)) visa shall be issued. A memorandum re­ Act, the Federal Hazardous Substances Dated: September 28,1970. garding the action taken and the reasons Act, the Import Milk Act, the Filled Milk consular Charles C. E dwards, therefor shall be placed in the Act, the Tea Importation Act, and section files and appropriate notification shall be 361 of the Public Health Service Act. Commissioner of Food and Drugs. (ii) To administer oaths and affirma­ [F.R. Doc. 70-13516; Filed, Oct. 8, 1970; forwarded promptly to the carriers con­ tions under section 1 of the Act of Jan­ 8:45 a.m.] cerned, to the Department, and to t e

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 RULES AND REGULATIONS 15913 issuing office if notice of revocation or § 13.12 Termination of private founda­ as carrying on activities within the invalidation has been given in accord­ tion status by transfer to, or operation meaning of section 4940 during such ance with paragraphs (e), (f), and (g) as, public charity. 12-month period. Such organization of this section. (2) In view of the pro­ (a) Transfer to public charities—(1) will therefore not be subject to the visions of § 41.121 which provide for the General rule. Under section 507(b)(1) tax imposed under section 4940(a) refund of fees when the visa has not (A) of the Internal Revenue Code of for such 12-month period. For purposes been used as a result of action by the 1954, a private foundation can terminate of this subparagraph, if an organization United States Government, no fees its status as such without incurring the establishes to the satisfaction of the should be collected in connection with tax imposed by section 507(c), provided Commissioner that it has taken affirma­ the application for or issuance of such there have not been either willful re­ tive action to distribute all of its net a reinstated visa. peated acts (or failures to act) or a will­ assets pursuant to section 507(b) (1) (A) Effective date. The amendments to the ful and flagrant act (or failure to act) during the 12-month period beginning regulations contained in this order shall giving rise to liability for tax under with its first taxable year which begins become effective upon publication in the Chapter 42, if such organization dis­ after December 31, 1969, but has not F ederal R egister. tributes all of its net assets to one or completed such distribution by the end The provisions of section 4 of the Ad­ more organizations described in section of such 12-month period, such organiza­ ministrative Procedure Act (80 Stat. 393, 170(b) (1) (A) (other than in clauses tion will not be subject to the tax im­ 5 U.S.C. 553) relative to notice of pro­ (vii) and (viii)) each of which has been posed under section 4940(a) if such posed rule making are inapplicable to in existence and so described for a con­ distribution becomes final by the date this order because the regulations con­ tinuous period of at least 60 calendar upon which the Form 990, Annual Infor­ tained herein involve foreign affairs months immediately preceding such mation Return, of such organization is functions of the United States. distribution. due (including any extensions) for such (Sec. 104, 66 Stat. 174; 8 U.S.C. 1104) (2) Effect of current ruling. An orga­ first taxable year. For example, if the nization to which a distribution of net trustees of a charitable trust have made B arbara M. W atson, assets is made will qualify as an orga­ application to the appropriate state Administrator, Bureau of nization “described in section 170(b) (1) court for approval of the distribution of Security and Consular Affairs. (A) (other than clauses (vii) and (viii))” all of such trust’s net assets pursuant to section 507(b) (1) (A) by the end of such S eptember 28,1970. for purposes of meeting the requirements of section 507(b)(1)(A) without a fur­ 12-month period, but such approval is [Fit. Doc. 70-13569; Filed, Oct. 8, 1970; ther showing if such organization: not granted by the end of such period, 8:49 a.m.] (i) Has been in existence for a con­ such trust will not be subject to the tax tinuous period of at least 60 calendar imposed under section 4940(a) if its ap­ months preceding the distribution de­ plication receives final approval by the Title 26-IN TERN AL REVENUE scribed in subparagraph (1) of this court before the date upon which its paragraph; Annual Information Return is due and Chapter I— Internal Revenue Service, (ii) Has received a ruling that it is an such distribution is made by such date. Department of the Treasury organization described in clause (i), (ii), (5) Return required from organiza­ (iii), (iv), (v), or (vi) of section 170 tions terminating private foundation SUBCHAPTER A— INCOME TAX (b)(1)(A); status under section 507(b)(1)(A). An [TJD. 7063] (iii) The facts and circumstances organization which terminates its pri­ PART 13— TEMPORARY INCOME TAX forming the basis for the issuance of the vate foundation status under section ruling have not substantially changed 507(b) (1) (A) is required to file a return REGULATIONS UNDER THE TAX RE­ during the 60-month period referred to under the provisions of section 6043(b), FORM ACT OF 1969 in subdivision (i) of this subparagraph; rather than under the provisions of sec­ tion 6050. Termination of Private Foundation and (iv) The ruling referred to in sub­ (6) Inapplicability of sections 507 (a), Status by Transfer to, or Operation division (ii) of this subparagraph has (c), and (g) to section 507(b) (1) (A) as, Public Charity not been revoked expressly or by a sub­ transactions. A private foundation which The following regulations relate to th sequent change of the law or regulations terminates its status as such by distrib­ application of section 507(b) of the In under which the ruling was issued. uting all of its net assets in compliance ternal Revenue Code of 1954, as adde (3) Organizations described in more with the requirements of section 507(b) by section 101(a) of the Tax Reform Ac than one clause in section 170(b) (1) (A). (1) (A) is not required to give the notifi­ of 1969 (83 Stat. 492) to the requirement For purposes of section 507(b)(1)(A), cation described under section 507(a). for termination of private foundatio: the parenthetical term “other than in The tax imposed under section 507(c) . status by transfer to, or operation as, clauses (vii) and (viii) ” shall be treated on organizations described in section public charity. as referring only to an organization 507(a) is not, therefore, applicable and The regulations set fdrth herein ar which is described only in section 170 no abatement of such tax under section temporary and are designed to provid (b)(1)(A) (vii) or (viii). If an orga­ 507(g) is required. rules governing the manner in whic] nization is described in section 170(b) (7) Distribution of net assets. In order private foundations, which attempt t (1) (A) (other than in clauses (vii) and to terminate its private foundation status terminate their status as such by trans (viii) ), it will not be precluded from under section 507(b)(1)(A), an organi­ fernng their net assets to public charitie being a distributee described in section zation is required to distribute all of its or by becoming “public”, may satisfy th 507(b) (1) (A) merely because it also ap­ net assets. Ah organization will meet requirements of section 507(b)(1) (A) o pears to meet the description of an orga­ this requirement if it transfers all of its (B). The procedure for giving notifica nization described in section 170(b)(1) right, title, and interest in and to all of tion of termination required under sec (A) (viii). its net assets to one or more organiza­ tion 507(b) (1) (B) (ii) is also set fortt (4) Special transitional rule. Section tions described in section 170(b)(1)(A) 4940(a) imposes a tax upon private (other than in clauses (vii) and (viii)). The regulations are effective until th foundations with respect to the carrying The fact that the transferor organiza­ issuance of final regulations to be pre on of activities for each taxable year. For tion, at the time of transfer, designates scribed by the Commissioner and ap purposes of section 4940, an organiza­ the general exempt purpose or purposes proved by the Secretary or his delegate tion which terminates its private foun­ for which such assets are to be used will n order to provide such temporar; dation status under section 507(b)(1) not, in and of itself, result in the trans­ (A) by the end of the 12-month feror’s failing to meet this requirement. regulations under section 507(b) of th period beginning with its first tax­ Likewise, the mere use of the name of the internal Revenue Code of 1954, the fol able year which begins after Decem­ transferor foundation, or its creator, by owing regulations are adopted: ber 31, 1969, will not be considered the transferee in connection with the

No. 197- FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15914 RULES AND REGULATIONS use of the assets by the transferee will chanical test, an organization will be con­ (ii) Section 170(b) (1) (A) (iv) de­ not, in and of itself, constitute a failure sidered to be publicly supported for its scribes an organization which “nor­ to meet this requirement. current taxable year if, for the four im­ mally” receives a substantial part of its (b) Operation as public charity—(1) mediately preceding taxable years, the support (exclusive of income from re­ General rule. Under section 507(b)(1) total amount of public support equals lated activities) from the United States (B) a private foundation can terminate one-third or more of the total support or any state or political subdivision its status as such without incurring the for such 4-year period. In addition, thereof, or from the general public, and tax imposed by section 507(c) if the § 1.170-2 (b) (5) (iii) (c) of this chapter which is organized and operated exclu­ organization: provides a facts and circumstances test sively to receive, hold, invest, and ad­ (1) Meets the requirements of section for organizations which fail to qualify as minister property and to make expendi­ 509(a) (1), (2), or (3) by the end of the publicly supported under the mechanical tures to or for the benefit of certain 12-month period beginning with its first test, including organizations which have colleges or universities. For purposes of taxable year which begins after Decem­ not been in existence for a sufficient the 12-month termination period, the ber 31, 1969, or for a continuous period length of time to make such test rule set forth in subdivision (i) of this of 60 calendar months beginning with applicable. subparagraph with respect to section 170 the first day of any taxable year which (ii) For the general rule applicable to (b) (1) (A) (vi) organizations shall be ap­ begins after December 31,1969; determining whether an organization plicable in determining whether an or­ (ii) Properly notifies the Commis­ “normally” meets the tests prescribed ganization “normally” receives a sub­ sioner before the commencement of such under section 509(a)(2), see the regu­ stantial part of its support from the 12-month or 60-month period (or before lations under that section. sources required under section 170(b) the 90th day after the day on which the (2) Twelve-month termination rule— (1) (A) (iv). regulations under section 507(b) be­ In general. The 12-month termination (4) Twelve-month termination rule come final) that it is terminating its provisions of section 507(b)(1)(B) per­ under section 509(a)(2). An organiza­ private foundation status; and mit a private foundation to terminate tion attempting to terminate its private (iii) Properly establishes to the satis­ its status as such, by changing its orga­ foundation status under section 507(b) faction of the Commissioner immediately nizational structure, its operations, the (1) (B) by meeting the requirements of after the expiration of such 12-month sources of its support, or any combina­ section 509(a) (2) by the end of the 12- or 60-month period that such organiza­ tion thereof, during the 12-month period month period will be considered as “nor­ tion has complied with the requirements in order to conform to the requirements mally” receiving its support in compli­ of section 509(a) (1), (2), or (3) within of section 509(a) (1), (2), or (3) by the ance with the one-third support require­ the prescribed period. end of the 12-jnonth period. For the ments of section 509(a) (2) if: purpose of determining whether such (i) For the 12-month period under (2) Requirements which certain pub­ organization “normally” receives a sub­ lic charities must meet. Section 509(a) section 507(b)(1)(B), the organization stantial part of its support from govern­ receives more than one-third of its sup­ defines the term “private foundation” to mental units or the general public for mean any domestic or foreign organiza­ port from gifts, grants, contributions, purposes of section 170(b) (1) (A) (vi), membership fees, and gross receipts from tion described in section 501(c)(3) of neither the mechanical, test set forth in the Code other than an organization de­ related activities (as limited by section § 1.170-2(b) (5) (iii) (b) of this chapter 509(a) (2) (A) (ii)) and not more than scribed in section 509(a) (1), (2), (3), or which is based on the 4 immediately pre­ (4). Section 509(a) (1) describes organi­ one-third of its support from gross in­ ceding years, nor a facts and circum­ vestment income, and zations which are described in section stances test which is based exclusively 170(b) (1) (A) (other than in clauses (vii) on data from periods preceding the 12- (ii) The organization can establish to and (viii)) and, thus, includes organiza­ month period, shall be applied. the satisfaction of the Commissioner tions described in section 170(b) (1) (A) that it can reasonably be expected to (vi) of the Code. Section 170(b)(1)(A) (3) Twelve-month termination rule maintain its continued public support (vi) deals with organizations referred to under section 170(b) (1) (A) (iv) or (vi). for subsequent years. In order to estab­ in section 170(c) (2) which “normally” (i) A private foundation attempting to lish a reasonable expectation of con­ receive a substantial part of their sup­ meet the requirements of section 509(a) tinued public support, an organization port (exclusive of income received from (1) as an organization described in sec­ shall submit a detailed statement de­ related activities) from governmental tion 170(b) (1) (A) (vi) will be considered scribing its past and current operations, unit or from direct or indirect contribu­ “normally” to receive a substantial part any organizational or operational tions from the general public. Section of its support from governmental units changes and when such changes have 509(a)(2) includes an organization or direct or indirect contributions from occurred, and any changes in its foun­ which “normally” receives more than the general public if it can establish to dation managers (as defined in section one-third of its support in each taxable the satisfaction of the Commissioner 4946(b) (1)). Duplicate copies of its gov­ year from gifts, grants, contributions, that it has changed the sources of its erning instrument and bylaws, with an membership fees, or gross receipts (sub­ support before the close of the 12-month indication of any amendments made, ject to the limitations of section 509(a) period to those of an organization de­ and detailed information with respect to (2) (A) (ii)) from persons other than dis­ scribed in section 170(b) (1) (A) (vi) and its sources of support for the 4 taxable qualified persons (as defined in section it can reasonably be expected to main­ years immediately preceding the 12- 4946), from governmental units, or from tain its status as such for subsequent month period shall also be submitted as organizations described in section 170 years. In order to establish these facts, part of the evidence that the organiza­ (b)(1)(A) (i) through (vi), and “nor­ an organization shall submit all infor­ tion can reasonably be expected to main­ mally” receives not more than one-third mation sufficient to make a determina­ tain its publicly supported status. of its support in each taxable year from tion under § 1.170-2(b) (5) (iii) (c) of (5) Fixty-month termination rule, (i) gross investment income. Section 509(a) this chapter as if such provisions applied, In order to meet the requirements of sec­ (3) includes an organization which, in including a description of all organiza­ tion 507(b) (1) (B) for the 60-month ter­ addition to other requirements, “is or­ tional and operational changes which mination period as a section 509(a) (D ganized, and at all times thereafter is have occurred during the 12-month or (2) organization, an organization operated” exclusively for the purposes period. It shall also submit detailed in­ must meet the requirements of section specified in section 509(a) (3) (A). formation with respect to its sources of 509(a) (1) or (2), as the case may be, support for the 12-month period, as well (c) Method of determining normal as for the 4 taxable years immediately for a continuous period of at least 60 sources of support—(1) General rules. preceding the 12-month period. Such calendar months. (i) Section 1.170-2 (b) (5) (iii) (b) of this information shall be considered as part (ii) For purposes of section 507(b) (1) chapter sets forth a mechanical test to of the facts and circumstances in deter­ (B), an organization will be considered determine whether, for purposes of sec­ mining whether the organization has ef­ tion 170(b) (1) (A) (vi), an organization to be a section 509(a) (1) organization fectively changed its sources of support described in section 170(b) (1) (A) (vi) “normally” receives a substantial part and whether it can reasonably be ex­ of its support from governmental units pected to maintain such publicly sup­ for a continuous period of 60 calendar or the general public. Under this me- ported status for subsequent years. months only if the total amount of sup-

f e d e r a l REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 RULES AND REGULATIONS 15915

port received from governmental units or (3) Section 509(a)(1) organizations (f) Status of organization subsequent from direct or indirect contributions other than those described in section 170 to the 12-month period. For purposes of from the general public during such (b) (1) (A) (vi) ; 12-month terminations. part II of subchapter F of this chapter, period equals one-third or more of the An organization attempting to terminate an organization, the status of which as total support for such period or if such its private foundation status under sec­ a private foundation is terminated under organization meets the facts and cir­ tion 507(b)(1)(B) by meeting the re­ section 507(b)(1), shall (except as pro­ cumstances test set forth in § 1.170-2(b) quirements of section 170(b) (1) (A) (i), vided in paragraph (h) (2) of this sec­ (5) (iii) (c) of this chapter for such (ii), (iii), (iv), or (v) by the end of the tion) be treated as an organization period. 12-month period is required to be oper­ created on the day after the date of such (iii) For 'purposes of section 507(b) ated as an organization described in termination. However, termination of (1) (B), an organization will be consid­ clause (i), (ii), (iii), (iv), or (v) of sec­ private foundation status under the pro­ ered to be a section 509(a) (2) organiza­ tion 170(b)(1)(A) by the end of the visions of section 507(b) (1) (B) is based tion only if such organization meets the 12-month period beginning with its first upon an organization’s submission of support requirements set forth in section taxable year which begins after De­ information establishing compliance by 509(a) (2) (A) and (B) for the continu­ cember 31, 1969. An organization may the end of the 12-month period with the ous period of 60 calendar months pre­ qualify under section 509(a) (1) even requirements of paragraph (c) or (d) scribed under section 507(b)(1)(B), though it did not operate as an organi­ of this section. Therefore, if in the 4 rather than for any shorter period set zation described in section 170(b) (1) (A) taxable years immediately following the forth in the regulations under section (i), (ii), (iii), (iv), or (v) at all times end of the 12-month period, the sources 509(a) (2). Except for the substitution of before the end of the 12-month period, of support or the methods of operation of such 60-month period for the shorter provided it has changed its operations the organization are materially different periods described in the regulations to conform to the requirements of an from the facts and circumstances pre­ under section 509(a) (2), all other provi­ organization described in section 170(b) sented during the 12-month period upon sions of such regulations pertinent to de­ (1) (A) (i), (ii), (iii), (iv), or (v) by the which the determination under section termining an organization’s normal end of the 12-month period. In order to 507(b) (1) (B) (iii) was made, the organi­ sources of support shall remain establish that it will continue to be zation will be deemed not to have satis­ applicable. operated as an organization described in fied the requirements of section 507(b) (d) Organizational and operationalsection 509(a) (1) in years subsequent to (1) (B). Under such circumstances, sec­ tests—(1) Section 509(a)(3) organiza­ the end of the 12-month period, the or­ tion 509(c) will not apply and the orga­ tions; 12-month terminations. An orga­ ganization shall submit a detailed state­ nization will continue to remain subject nization attempting to terminate its ment describing its past and current to the provisions of section 507. However, private foundation status under section operations, any organizational or opera­ the status of grants and contributions 507(b)(1)(B) by meeting the require­ tional changes and when such changes under sections 170, 4942, and 4945 will ments of section 509(a) (3) by the end have occurred, and any changes in its not be affected until the Internal Reve­ of the 12-month period is required to foundation managers (as defined in sec­ nue Service makes notice to the public meet the organizational and operational tion 4946(b) (1)). Duplicate copies of its (such as by publication in the Internal test of section 509(a) (3) (A), in addition governing instrument and bylaws, with Revenue Bulletin) that the organization to the requirements of section 509(a) (3) an indication of any amendments made, has been deleted from classification as (B) and (C), by the end of the 12-month and its financial statements for the four an organization described in section period beginning with its first taxable taxable years immediately preceding the 509(a) (1), (2), or (3) unless the donor: year which begins after December 31, 12-month period shall also be submitted (1) Was in part responsible for, or was 1969. An organization may qualify under as evidence that the organization can aware of, the act or failure to act that section 509(a) (3) (A) even though its reasonably be expected to maintain its resulted in the organization’s inability original governing instrument did not status as an organization described in to satisfy the requirements of section limit its purposes to those set forth in section 170(b) (1) (A) (i), (ii), (iii), (iv), 507(b)(1)(B), or section 509(a) (3) (A) and even though it or (v). (2) Had knowledge that such orga­ operated for some other purpose before (4) Sixty-month termination rule. In nization would be deleted from classifica­ the end of the 12-month period, pro­ order to meet the requirements of section tion as an organization described in sec­ vided it has amended its governing in­ 507(b) (1) (B) for the 60-month termina­ tion 509(a) (1), (2), or (3). strument and changed its operations to tion period as an organization described (g) Notification of termination. In or­ conform to the requirements of section in section 170(b)(1)(A) (i), (ii), (iii), der to comply with the requirements un­ 509(a)(3) by the end of the 12-month (iv), or (v) or section 509(a) (3), as the der section 507(b) (1) (B) (ii), an orga­ period. case may be, an organization must meet nization shall before the commencement (2) Proof of changed status. In orderthe requirements of the applicable pro­ of the 12-month or 60-month period un­ vision for a continuous period of at least der section 507(b) (1) (B) (i) (or before to establish that an organization de­ the 90th day after the day on which reg­ scribed in subparagraph (1) of this para­ 60 calendar months. For purposes of sec­ graph will continue to be operated tion 507(b)(1)(B), an organization will ulations, other than these temporary exclusively for the required purposes in be considered to be such an organization regulations, first prescribed under this years subsequent to the end of the 12- only if it satisfies the requirements of the subsection become final,-notify the dis­ month period, such organization shall applicable provision (including, with re­ trict director that it is terminating its submit a detailed statement describing spect to section 509(a)(3), the organi­ private foundation status. Such notifica­ its past and current operations, any or­ zational and operational test set forth in tion shall be filed with the district direc­ ganizational or operational changes and subparagraph (A) thereof) at the com­ tor for the internal revenue district in when such changes have occurred, any mencement of such 60-month period, which the principal place of business or changes in its foundation managers (as and continuously thereafter during such principal office of the organization is defined in section 4946(b) (1)), and du­ period. Jpcated, and shall contain the following plicate copies of its governing instrument (e) Effect on grantors or contributorsinformation: and on the organization itself. In the (1) The name and address of the pri­ and bylaws, with an indication of any vate foundation: a?Mi1<^rnen^s ma^e- A detailed statement event that an organization satisfies the of the relationship between such organi­ requirements of section 507(b)(1)(B) (2) Its intention to terminate its pri­ zation and the specified organizations for termination of its private foundation vate foundation status; described in section 509(a) (1) or (2) status by the end of the 12-month period (3) Whether the 12-month or 60- (as required by section 509(a) (3) (A) or during the continuous 60-month pe­ month period shall apply; and (B)), and all pertinent information riod, such organization shall be treated (4) The Code section under which it for such entire 12-month or 60-month seeks classification (section 509(a) (1), «> establish that the organization does (2) , or (3)); ot violate the control requirements of period in the same manner as an organi­ (5) If section 509(a)(1) is applicable, section 509(a)(3)(C) shall also be zation described in section 509(a) (1), the clause of section 170(b)(1)(A) submitted. (2) , or (3)., involved;

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15916 RULES AND REGULATIONS

(6) The date its regular taxable year is found impracticable to issue it with sessed. See, however, § 601.105(h). If the begins; and notice and public procedure thereon taxpayer fails to file a petition with the (7) The date of commencement of the under subsection (b) of section 553, of Tax Court within the applicable period, 12-month or 60-month period: title 5 of the United States Code or sub­ the deficiency will be assessed upon the (h) Establishment of termination. (1) ject to the effective date limitation of expiration of such period and notice and In order to comply with the requirements subsection (d) of that section. demand for payment of the amount under section 507(b) (1) (B) (iii), an or­ (Sec. 7805, Internal Revenue Code of 1954, thereof will be mailed to the taxpayer. ganization shall within 90 days after the 68A Stat. 917; 26 U.S.C. 7805) If the taxpayer files a petition with the expiration of the 12-month or 60-month Tax Court, the entire amount redeter­ period, file such information with the [seal] R andolph W. T hrower, mined as the deficiency by a final decision district director for the internal revenue Commissioner of Internal Revenue. of the Tax Court will be assessed and is district in which the principal place of Approved: October 5,1970. payable upon notice and demand. There business or principal office of the orga­ are no restrictions on the timely assess­ nization is located as is necessary to Edw in, S. Cohen, ment and collection of the amount of make a determination as to the orga­ Assistant Secretary any deficiency determined by the Tax nization’s status as an organization de­ of the Treasury. Court, and a notice of appeal of the scribed under section 509(a) (1), (2), or [F.R. Doc. 70-13554; Filed, Oct^ 8, 1970; Court’s decision will not stay the assess­ (3) and the regulations promulgated 8:48 a.m .] ment and collection of the deficiency so thereunder, determined, unless on or before the time (2) An organization which has ter­ the notice of appeal is filed the taxpayer minated its private foundation status SUBCHAPTER H— INTERNAL REVENUE PRACTICE files with the Tax Court a bond in a sum under section 507(b)(1)(B) is not re­ PART 601— STATEMENT OF fixed by the Court not exceeding twice quired to comply with the special rules PROCEDURAL RULES the portion of the deficiency in respect set forth in section 508 (a) and (b). Such of which the notice of appeal is filed. No organization is also not required to file a Miscellaneous Amendments part of an amount determined as a de­ return under the provisions of section ficiency but disallowed as such by a de­ 6043(b) or 6050 by reason of termination This part as filed with the F ederal R egister on June 29, 1955, was last cision of the Tax Court which has of its private f oundation status under the amended on May 6, 1970 (35 F.R. 7111). become final may be assessed or collected provisions of section 507(b) (1) (B). The following amendments are made to by levy or by proceeding in court with (i) Failure to meet section 507(b) (1) or without assessment. (B) requirements. If an organization Part 601: . P aragraph 1. Section 601.103 is * * * * * gives the notification, described in para­ graph (g) of this section, of the com­ amended by revising paragraph (c) (2) P ar. 2. Section 601.105 is amended by mencement of a 60-month termination to read as follows: revising subparagraphs (1), (2), (3), and period and such organization fails to § 601.103 Summary of general tax pro­ 5(i)(d) of paragraph (b) and by re­ meet the requirements of section 509(a) cedure. vising subparagraph (1) (ii) of para­ (1), (2), or (3) for the entire 60-month * * * * £ graph (c). These revised provisions read period, sections 507 through 509 and as follows: chapter 42 shall not apply to such or­ (c) Disputed liability. * * * § 601.105 Examination of returns and ganization for any taxable year within (2) Petition to the U.S. Tax Court. claims for refund, credit or abate­ such 60-month period for which it does In the case of income, profits, estate, ment; determination of correct tax meet such requirements. For purposes of gift, and excise taxes, imposed by sub­ liability. section 507 (d), the aggregate tax benefit titles A and B, and excise taxes under * % $ s£ ♦ resulting from the organization’s section chapter 42 of the 1954 Code, before a (b) Examination of returns— (1) Gen­ 501(c) (3) status shall continue to be deficiency may be assessed a statutory eral. The original examination of in­ computed from the date from which such notice of deficiency (commonly called come, profits, estate, gift, excise, and computation would have been made, but a “90-day letter”) must be sent to the employment tax returns is a primary for the notice filed under section 507(b) taxpayer by certified mail or registered function of examining officers in the (1) (B) (ii), except that any taxable year mail unless the taxpayer waives this Audit Division of the office of each dis­ within such 60-month period for which restriction on assessment. See, however, trict director of internal revenue. Such such organization meets the requirements §§ 601.105(h) and 601.109 for exceptions. examining officers are organized in of section 509(a) (1), (2), or (3) shall be The taxpayer may then file a petition for groups, each of which is under the im­ excluded from such computations. a redetermination of the proposed de­ mediate supervision of a group supervisor (j) Extension of time. (1) For pur­ ficiency with the U.S. Tax Court within designated by the district director. Reve­ poses of this section, the 12-month pe­ 90 days from the date of the mailing of nue agents (and such other officers or riod referred to in section 507(b) (1) (B) the statutory notice. If the notice is ad­ employees of the Internal Revenue Serv­ shall not be treated as having expired dressed to a person outside the States of ice as may be designated for this purpose before the 90th day after the day on the Union and the District of Columbia, by the Commissioner) are authorized to which regulations (other than these the period within which a petition may examine any books, papers, records, or temporary regulations) first prescribed be filed in the Tax Court is 150 days in memoranda bearing upon matters re­ under section 507 (b) become final. lieu of 90 days. In other words, the tax­ quired to be included in Federal tax (2) The failure to supply, within the payer has the right in respect of these returns and to take testimony relative required time, all of the information re­ taxes to contest any proposed deficiency thereto and to administer oaths. See sec­ quired by paragraph (g) or (h) of this before an independent tribunal prior to tion 7602 of the Code and the regulations section is not alone sufficient to con­ assessment or payment of the deficiency. thereunder. There are two general types stitute a failure to satisfy the require­ Unless the taxpayer waives the restric­ of audit. These are commonly called ments of section 507(b)(1)(B). If the tions on assessment and collection after “office audit” and “field audit”. During information which is submitted within the date of the mailing of the statutory the audit of a return a taxpayer may be the required time is incomplete, and the notice, no assessment or collection of a represented before the examining officer organization supplies the necessary addi­ deficiency (not including the correction by an attorney, certified public account­ tional information at the request of the of a mathematical error) may be made ant, or other representative. See Subpart Commissioner or his delegate within the in respect of these taxes until the expira­ E of this part for conference and practice additional time period allowed by him, tion of the applicable period or, if a requirements. the original submission will be con­ petition is filed with the Tax Court, until (2) Office audit. Certain returns are sidered timely. the decision of the Court has become examined by office audit techniques. Because of the need for immediate final. If, however, the taxpayer makes a These returns include some business re­ guidance with respect to the provisions payment with respect to a deficiency, the turns, besides the full range of nonbusi­ contained in this Treasury decision, it amount of such payment may be as­ ness individual income tax returns. Office

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 RULES AND REGULATIONS 15917 audits are conducted primarily by the in­ an immediate conference it will be the ad valorem fraud penalty. After the terview method. Audits are conducted by granted if practicable. If an immediate filing of a petition in the Tax Court the correspondence only when warranted by conference is not requested by the tax­ Appellate Division continues to have the nature. of the questionable items and payer, the examination report will be exclusive jurisdiction of the case, sub­ by the convenience and characteristics of mailed to him under cover of an ap­ ject to the provisions of subparagraph the taxpayer. In a correspondence audit, propriate transmittal letter. This letter (2) of this paragraph. Subject to the the taxpayer is asked to explain or send provides him with a detailed explanation exceptions and limitations set forth in supporting evidence by mail. In an office of the available appeal procedures and subparagraph (2) of this paragraph, interview audit the taxpayer is asked to requests him to inform the district, there is also vested in the Appellate come to the district director’s office for within the specified time, of his choice of Division of the region authority to repre­ an interview and to bring certain rec­ action. The taxpayer will be granted a sent the regional commissioner in his ords with him in support of his return. district Audit Division conference on re­ exclusive authority to settle (i) all cases During the interview audit, the taxpayer quest, and will not be required to file a docketed in the U.S. Tax Court, and des­ has the right to point out to the examin­ protest. However, business returns exam­ ignated for trial at any place within the ing officer any amounts included in his ined by office audit techniques are territory comprising the region and (ii) return which are not taxable, or any processed after examination in the same all docketed cases originating in the office deductions which he failed to claim on manner as returns examined by field of any district director situated within his return. If it develops that a field audit audit techniques. the region or in which jurisdiction has is necessary, the examining officer may * * * . * * been transferred to the region, which are designated for trial at Washington, D.C., conduct such audit. P ar. 3. Section 601.106 is amended by (3) Field audit. Certain returns are revising paragraph (a)(1) to read as unless the petitioner resides in and his examined by field audit which involves follows: books and records are located (or can be an examination of the taxpayer’s books made available) in the region which and records on the taxpayer’s premises. §601.106 Appellate functions. includes Washington, D.C. An examining officer will check the en­ (a) General. (1) There is provided in ***** tire return filed by the taxpayer and will each region an Appellate Division with P ar. 4. Section 601.109 is amended by examine all books, papers, records, and office facilities within the region. Unless revising paragraphs (b) and (c) to read memoranda dealing with matters re­ they otherwise specify, taxpayers resid­ as follows: quired to be included in the return. If the ing outside the territorial limits of the return presents an engineering or ap­ regional Appellate Divisions use the fa­ § 601.109 Bankruptcy and receivership praisal problem (e.g., depreciation or de­ cilities of the Washington, D.C., branch cases. pletion deductions, gains or losses upon office of the Apellate Division of the * * * * * the sale or exchange of property, or losses Mid-Atlantic Region. Subject to the lim­ (b) Procedure in office of district di­ on account of abandonment, exhaustion, itations set forth in subparagraphs (2) rector. (1) While the district director is or obsolescence), it may be investigated and (3) of this paragraph, the Commis­ required by section 6871 of the Code by an engineer agent who makes a sepa­ sioner has delegated to certain officers to make immediate assessment of any rate report. of the Apellate Division of each region deficiency in income, estate, or gift taxes, * * v * . * * authority to represent the regional com­ such assessment is not made as a (5) Technical advice from the Na­missioner in his exclusive and final au­ jeopardy assessment (see paragraph (h) tional Office—(i) Definition and nature thority for the determination of Federal of § 601.105), and the provisions of sec­ of technical advice. * * * income, profits, estate, or gift tax liability tion 6861 of the Code do not apply to (d) The provisions of this subpara­(whether before or after the issuance of any assessment made under section 6871. graph apply only to a case under the a statutory notice of deficiency) and for Therefore, the notice of deficiency pro­ jurisdiction of a district director. They the determination of employment or cer­ vided for in section 6861(b) will not be do not apply to a case under the jurisdic- tain Federal excise tax liability, in any mailed to the taxpayer. Nevertheless, tion of Alcohol, Tobacco, and Firearms case originating in the office of any dis­ a letter (Form L-296) will be prepared Division or to a case under the jurisdic­ trict director situated in the region or and addressed in the name of the tax­ tion of a regional Appellate Division, in­ in any case in which jurisdiction has payer, immediately followed by the name cluding cases previously considered by been transferred to the region, in which of the trustee, receiver, debtor in pos­ Appellate. A case remains under the the taxpayer requests Appellate consid­ session, or other person designated to jurisdiction of the district director even eration and submits a written protest, be in control of the assets or affairs of though a Regional Appellate Division has when required, to the determination of the debtor by the court in which the the identical issue under consideration liability made by that officer. A written bankruptcy or receivership proceeding is in the case of another taxpayer (not re­ protest is required if the total amount of pending. Such letter will state how the lated within the meaning of section 267 proposed additional tax, proposed over­ deficiency was computed, advise that of the Code) in an entirely different assessment, or claimed refund (or, in within 30 days a written protest under transaction. Technical advice may not be an offer-in compromise, the total amount penalties of perjury may be filed with requested with respect to a taxable pe­ of assessed tax, penalty, and inter­ the district director showing wherein riod if a prior Appellate disposition of the est) exceeds $2,500 for any taxable the deficiency is claimed to be incorrect, same taxable period of the same tax­ period. A written protest is also required and advise that upon request a district payer’s case was based on mutual conces­ if no district conference is held regard­ conference will be granted with respect sions (ordinarily with an 870-AD type less of the amount involved. The Ap­ to such deficiency. If, after protest is agreement). Technical advice may not pellate Division has complete jurisdic­ filed and a district conference is held, be requested by a district office on issues tion of every income, profits, estate, or adjustment appears necessary in the previously considered in a prior Appel­ gift tax case after the issuance of the deficiency, appropriate action will be late disposition, not based on mutual statutory notice of deficiency, subject taken. Except where the interests of concessions, of the same taxable periods to the limitations provided in subpara­ the Government require otherwise, Form of the same taxpayer unless Appellate graph (2) of this paragraph. If the statu­ L-296 letters are issued by the office of concurs in the request. tory notice of deficiency was issued by a the district director. If at the time of ***** district director or the Director of Inter­ the adjudication of bankruptcy in a (c) District conference procedure— national Operations, the Appellate Divi­ liquidating proceeding, the approval of <1) Office audit. * * * sion may waive jurisdiction to the di­ a petition in any other proceeding under (ii) If, at the conclusion of an officerector who issued the statutory notice the Bankruptcy Act, or appointment of interview audit, the taxpayer does not during the 90-day (or 150-day) period a receiver, a case was pending before, the agree with the adjustments proposed for filing petition with the Tax Court, Tax Court, the prescribed Form L-296 tne examining officer will fully explain except where criminal prosecution has letter will not advise the addressee of the adjustments and the available ap­ been recommended and not finally dis­ any right to request a conference in the peal procedures. If the taxpayer desires posed of or the statutory notice includes office of the district director. Protests

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15918 RULES AND REGULATIONS must be filed in triplicate. The district proval is required by the Bankruptcy paragraph, a district director may not conference procedures described in para­ Act) the approval of a petition of, or issue a determination letter on an em­ graph (c) of § 601.105 are generally ap­ the approval of a petition against, any ployment tax question when the specific plicable to a district conference held taxpayer in any other bankruptcy pro­ question involved has been or is being after the issuance of a Form L-296 letter. ceeding, or the appointment of a re­ considered by the national office of the (2) The immediate assessment re­ ceiver. See section 6871(b) of the Code. Social Security Administration. Nor may quired by section 6871 of the Code However, the Tax Court is not deprived district directors issue determination let­ represents an exception to the usual re­ of jurisdiction where the adjudication of ters on excise tax questions of a request strictions on the assessment of Federal bankruptcy, the filing or (where approval' is for a determination of a constructive income, estate, and gift taxes. Since is required by the Bankruptcy Act) the sales price under sections 4216(b) and there are no restrictions on the assess­ approval of a petition of, or the approval 4218(e) of the Code. However, the Na­ ment of Federal excise or employment of a petition against, any taxpayer in tional Office will issue rulings in this taxes, immediate assessment of such any other bankruptcy proceeding, or the area. See paragraph (d) (2) of this taxes will be made in any case where sec­ appointment of a receiver, occurred after section. tion 6871 of the Code would require im­ the filing of the petition. In such a case, * * * * * mediate assessment of income, estate, or the jurisdiction of the bankruptcy or (n) Organization claiming exemption gift taxes. receivership court and the Tax Court is under section 501 or 521 of the Code— (3) If after such assessment a claim concurrent. (1) Filing applications for exemption. for abatement is filed and such claim is (2) If a petition for redetermination(i) An organization seeking a ruling or accompanied by a request in writing for of the deficiency-has been filed in the determination letter of exemption under a conference, a district conference in the Tax Court prior to the adjudication of section 501 or section 521 of the Code is office of the district director of internal bankruptcy or the filing or (where ap­ required to file an application (in dupli­ revenue will be granted. Ordinarily, proval is required by the Bankruptcy cate, if under section 501) with the dis­ only one conference will be held, unless Act) the approval of a petition of, or the trict director of internal revenue for the it develops that additional information approval of a petition against, the tax­ district in which is located its principal can be furnished which has a material payer in any other bankruptcy proceed­ place of business or principal office. Any bearing upon the tax liability, in which ing, or the appointment of a receiver, the application received by the National Of­ event the conference will be continued proceeding may be prosecuted in the Tax fice or by a district director other than to a later date. Court. All such docketed cases will be as provided above will be forwarded, (c) Procedure before the Appellatereferred to the Appellate Division without any action thereon, to the ap­ Division restricted. (1) Except as pro­ promptly after issuance of the Form propriate district director. The exemp­ vided in subparagraph (2) of this para­ L-296 letter. If a case not docketed In tion applications will be forwarded for graph, a case involving an immediate the Tax Court is under Appellate Divi­ processing to 16 key districts. These dis­ assessment under section 6871 of the sion consideration at the time that cir­ tricts and the area to be covered by each cumstances require the issuance of a are as follows: Code or an assessment of excise or em­ Form L-296 letter, that Division may re­ ployment taxes will not be referred by Key district Area covered a district director to a field office of the quest return of the file in order to con­ tinue its consideration and arrive at a San Francisco__ Northern California, Appellate Division after (i) the adjudica­ determination. Utah, Nevada. tion of bankruptcy of any taxpayer in Los Angeles____ Southern California, any liquidating proceeding; (ii) the fil­ ***** Arizona, Hawaii. ing with a court of competent jurisdic­ Par. 5. Section 601.201 is amended by Seattle ______Washington, Oregon, tion or (where approval is required by revising paragraph (c) (4), by revising Alaska, Idaho, the Bankruptcy Act) the approval of a subparagraphs (1) (i), (2) (i) and (ii), Montana. D allas______Northern Texas, Okla­ petition of, or the approval of a petition (4), (5) (i), (ii), and (iii), (6) (ii), (iii), homa, Arkansas, against, any taxpayer in any other pro­ (iv), and (v), and (7) (iv) (b) of para­ Kansas. ceeding under the Bankruptcy Act; or graph (n), and by revising paragraph A u stin ____ Southern Texas, Louisi­ (iii) the appointment of any receiver. (o) (2) to read as follows: ana, New Mexico, Therefore, the taxpayer, or the trustee, Colorado, Wyoming. receiver, or debtor in possession or other § 601.201 Rulings and determination D etroit______Michigan. person designated by the court as in letters. Cincinnati_____ Southern Ohio, Ken­ control of the assets or affairs of the ***** tucky, Indiana. debtor, may not request consideration of (c) Determination letters issued byCleveland _____ Northern Ohio, West district directors. * * * Virginia. the case by the Appellate Division. If Atlanta ______Georgia, North Caro­ at the time of the adjudication of bank­ (4) Notwithstanding the provisions of lina, South Carolina, ruptcy, or the filing of the approval of a subparagraphs (1), (2), (3), (5), and (6) Florida, Tennessee, petition or the appointment of a receiver, of this paragraph, a district director may Mississippi, Alabama. an income, estate, or gift tax case is not issue a determination letter in M anhattan____ New York State. response to an inquiry, although the B oston ______Massachusetts, Maine, under consideration by a field office of Vermont, Rhode Is­ the Appellate Division, whether before inquiry presents a question covered spe­ land, Connecticut, or after issuance of a statutory notice of cifically by statute, regulations, rulings, New Hampshire, (all deficiency, the case will be returned to etc., published in the Internal Revenue New England States). the district director for assessment (if Bulletin, where (i) it appears that the Philadelphia Eastern Pennsylvania, not previously made)-, and for issuance taxpayer has directed a similar inquiry New Jersey, Delaware. of the Form L-296 letter, and filing proof to the National Office, (ii) the identical Baltimore — Maryland, Western of claim in the proceeding. Excise and issue, involving the same taxpayer is Pennsylvania, Vir­ employment tax cases pending in the pending in a case before the Appellate ginia, District of Division, (iii) the determination letter is Columbia. Appellate Division at such time will like­ C hicago__ _ Northern Hlinois. wise be returned to the district director requested by an industry, trade associa­ St. Paul____ Minnesota, North Da­ for assessment (if not previously made) tion, or similar group, or (iv) the request kota, South Dakota, and for filing proof of claim in the pro­ involves an industrywide problem. Under Nebraska, Wisconsin. ceeding. Thereafter, such cases will not no circumstances will a district director St. Louis— Missouri, Southern Illi­ be referred by the district director to issue a determination letter unless it is nois, Iowa. the Appellate Division except as pro­ clearly indicated that the inquiry is with ***** vided in subparagraph (2) of this para­ regard to a taxpayer or taxpayers who (2) Processing applications, (i) Under graph. A petition for redetermination have filed or are required to file returns the general procedures outlined in para­ of a deficiency may not be filed in the over which his office has or will have Tax Court after the adjudication of audit jurisdiction. Notwithstanding the graphs (a) through (m) of this section, bankruptcy, the filing or (where ap­ provisions of subparagraph (3) of this key district directors are authorized to

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 RULES AND REGULATIONS 15919 issue determination letters involving ap­ (6) Revocation or modification of ex­ copies of all documents, including the plications for exemption under sections emption rulings or determination let­ plan and trust or custodial agreement 501 and 521 of the Code. ters. * * * and specimen insurance contracts, if (ii) A key district director will refer (ii) If a key district director con­ applicable, will generally serve to pro­ applications which present questions not cludes, as a result of examining an in­ vide tiie Service with the information covered by established precedents to the formation return or considering infor­ required by §1.404(a)-2 of this chapter National Office for ruling. The National mation from any other source, that a of the Income Tax Regulations. However, Office will consider each such application, ruling or determination letter should be in making the determination, the Service issue a ruling directly to the organiza­ revoked or modified, the organization will may require the submission of additional tion, and send a copy of the ruling to the be advised in writing of the proposed ac­ information as appropriate. key district director. In the event of a tion and the reasons therefor. The key (ii) If the request relates to the initial conclusion unfavorable to the applicant, district director will also advise the qualification of an individually designed it will be informed of the basis for the organization of its right to protest plan, a subsequent amendment thereto, conclusion and of its rights to file a pro­ the proposed action by submitting a or compliance with the requirements for test and to a conference in the National statement of the facts, law, and argu­ a foreign situs trust, the employer should Office. If a conference is requested, the ments in support of its continued ex­ (a) if the plan does not include self- conference procedures outlined in sub­ emption, and of its right to a conference employed individuals, file Form 4573, or division (vi) of paragraph (b)(5) of in the key district office. (b) if the plan includes self-employed § 601.105 will be followed. After recon­ (iii) The organization may waive its individuals, file Form 4574, except that sideration of the application in the light right to a key district office conference where a bond purchase plan includes a of the protest and any information de­ and request referral of the matter di­ self-employed individual, file Form 4578, veloped in conference, the National Office rectly to the National Office. The key Application for Approval of Bond Pur­ will affirm, modify, or reverse the origi­ district director will advise the organi­ chase Plan. nal conclusion, issue a ruling to the orga­ zation in writing that the matter will be (iii) If the request involves an invest­ nization, and send a copy of the ruling referred to the National Office in accord­ ment of trust funds in the stock or to the key district director. ance with its request only after it files a securities of the employer, the employer * * * * * statement setting forth the facts, law, or trustee should file Form 4575. and arguments in support of continued (iv) If the request involves a curtail­ (4) National Office review of determi­ exemption. In addition, the organization ment or termination of the plan (or com­ nation letters. The National Office will shall be requested to specify whether it plete discontinuance of contributions), review determination letters to assure desires a conference in the National the employer should file Form 4576. This uniformity in the application of the es­ Office in the event an adverse decision is form will also be applicable to the termi­ tablished principles and precedents of indicated. nation of a plan that includes self- the Service. Where the National Office (iv) If the organization agrees with employed individuals. takes exception to a determination letter the proposed action, either before or (v) An association of employers or a the key district director will be advised. after a key district office conference, or if board of trustees should file Form 4577, if If the organization protests the exception no protest is filed, the key district di­ the request relates to the initial qualifica­ taken, the file and protests will be re­ rector will issue a determination letter tion or subsequent amendment of an turned to the National Office. The refer­ revoking or modifying the organization’s industry-wide or area-wide union-nego­ ral will be treated as a request for tech­ exemption. tiated plan. nical advice and the procedures of para­ (v) If, after considering the organiza­ (vi) When, in connection with an graph (b) (5) of § 601.105 will be fol­ application for a determination on the lowed. tion’s protest and any information de­ veloped in conference, the key district qualification of the plan, it is necessary to (5) Protest of adverse determination director maintains his position and the determine whether an organization (in­ letters, (i) Upon the issuance of a deter­ organization does not agree, the file and cluding a professional service organiza­ mination letter adverse to the appli­ protest will be referred to the National tion) is a corporation or an association cant the key district director will advise Office. The referral will be considered a classified as a corporation under the organization of its right to protest request for technical advice and the pro­ § 301.7701-2 of this chapter of the Regu­ the determination by submitting a state­ cedures of paragraph (b) (5) of § 601.105 lations on Procedure and Administration, ment of the facts, law, and arguments and whether an employer-employee rela­ in support of its application for exemp­ will be followed. * # * * * tionship exists between it and its associ­ tion, and of its right to a conference in ates, the district director will make such the key district office. (7) Group exemption letters * * * determination. In such cases, the appli­ (ii) The organization may waive its (iv) Information required annually to cation with respect to the qualification of right to a key district office conference maintain a group exemption letter. * * * the plan should be filed in accordance and request referral of the matter di­ (b) Submission of the information re­ with the provisions herein set forth and rectly to the National Office. The key dis­ quired by this subdivision does not re­ should contain tljg information and trict director will advise the organization lieve the central organization or any of documents specified in the application. in writing that the matter win be re­ its subordinates of the duty to submit It should also be accompanied by such ferred to the National Office in accord­ such additional information as a key dis­ information and copies of documents as ance with its request only after a state­ trict director may require to enable him the organization deems appropriate to ment is filed setting forth the facts, law, to determine whether the conditions for establish its status. The Service may, in and arguments in support of its applica­ continued exemption are being met. See addition, require any further informa­ tion for exemption. In addition, the orga­ sections 6001 and 6033 of the Code and tion that is considered necessary to nization will be requested to specify the regulations thereunder. determine the status of the organization, whether it desires a conference in the * ♦ - * * * the employment status of the individuals National Office in the event an adverse

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15920 RULES AND REGULATIONS

(a) A single employer will address his approved by the Director of International for the seizure and forfeiture of vessels, request to the district director for the Operations. vehicles, and aircraft which are used to district in which his principal place of * * * * * transport, carry, or possess, or to facil­ business is located. itate the same, any firearm with respect (b) If a parent company and its sub­ Par. 7. Section 601.203 is amended by revising paragraphs (b) and (d) to read to which there has been committed any sidiaries have a single plan, the request as follows: violation of the National Firearms Act will be addressed to the district director or any regulations issued pursuant for the district in which the principal § 601.263 Offers in compromise. thereto. Title 1, State Firearms Control place of business of the parent company * * * * * Assistance (18 U.S.C., chapter 44), of is located, whether separate or consoli­ (b) Use of prescribed form. Offers inthe Gun Control Act of 1968 (82 Stat. dated returns are filed. compromise are required to be submitted 1213), provides for the licensing of im­ (c) If the plan is established or pro­ on Form 656 (Rev. 2-69), properly ex­ porters and manufacturers of, and deal­ posed for an industry by all subscribing ecuted, and accompanied by a financial ers in, firearms and ammunition, and of employers whose principal places of statement on Form 433 (if based on in­ collectors of firearms and ammunition business are located within the juris­ ability to pay). Form 656 is used in all curios and relics, and establishes controls diction of more than one district direc­ cases regardless of whether the amount for firearms and ammunition acquisi­ tor, the request will be addressed to the of the offer is tendered in full at the time tions and dispositions. Title VII, Unlawful district director for the district in which the offer is filed or the amount of the Possession or Receipt of Firearms (82 is located the principal place of business offer is to be paid by deferred payment Stat. 236; 18 U.S.C., Appendix), of the of the trustee, or if more than one or payments. Copies of Form 656 and Omnibus Crime Control and Safe Streets trustee, the usual meeting place of the Form 433 may be obtained from district Act of 1968 (82 Stat. 197), as amended by trustees. directors. An offer in compromise, should Title III of the Gun Control Act of 1968 (d) In the case of a pooled fund ar­ be filed with the district director or serv­ (82 Stat. 1236), prohibits the receipt, rangement (individual trusts under sep­ possession, or transportation of firearms arate plans pooling their funds for ice center director. * * * * * by felons (as that term is defined in that investment purposes through a master Title), veterans who are discharged un­ trust), the request on behalf of the (d) Conferences. Before filing a for­der dishonorable conditions, mental in­ master trust will be addressed to the mal offer in compromise, a taxpayer may competents, aliens who are illegally in district director for the district where request a meeting in the office which the country, and former citizens of the the principal place of business of such would have jurisdiction over his offer to United States who have renounced such trust is located. Requests on behalf of the explore the possibilities of compromising citizenship; and also prohibits the same participating trusts and related plans unpaid tax liability. After all investiga­ by any employee of such persons in the will be addressed as otherwise provided tions have been made, the taxpayer may course of his employment. Executive Or­ in (a) through (c) of this subdivision. also request a meeting in the office having der 11432, dated October 22, 1968, trans­ (e) In the case of a plan of multiple jurisdiction of his offer to determine the ferred from the Secretary of State to the employers (other than a master or pro­ amount which may be accepted as a Secretary of the Treasury control over totype plan) not otherwise provided for compromise. If agreement is not reached the importation of arms, ammunition, in (a) through (/) of this subdivision, at such'meeting and the district director and implements of war pursuant to Sec­ the request will be addressed to the dis­ lias processing jurisdiction over the offer, tion 414 of the Mutual Security Act of trict director for the district in which is the taxpayer will be informed that he 1954, as amended (22 U.S.C. 1934). The located the principal place of business may request a district conference. A writ­ order authorizes the Secretary of the of the trustee, or if not trusteed or if ten protest is required if the tax, penalty, Treasury to control, in furtherance of more than one trustee, the principal or and assessed (but not accrued) interest world peace and the security and foreign usual meeting place of the trustees or exceeds $2,500 for any return, taxable policy of the United States, the import plan supervisors. year, or taxable period. If agreement is of articles enumerated on the United (/) If the plan is for an organization not reached at the district conference, States Munitions Import List. of the type described in subdivision (vi) the taxpayer will be offered an opportu­ Par. 9. The following new section is of this subparagraph, the organization nity to request consideration of his case added immediately after § 601.321. will address its request to the district by the regional office of the Appellate director with whom it is required to file Division. Such request may be in writing § 601.321a Importation of arms, ammu­ its tax returns. or oral. If the tax, penalty, and assessed nition, and implements of war. * * * * * (but not accrued) interest exceeds $2,500 Part 180 of this chapter implements for any return, taxable year, or taxable Executive Order 11432 and supplements P ar. 6. Section 601.202 is amended by revising paragraph (c) (3) and (6) to period, a written protest is required. The the import provisions contained in Parts read as follows: procedure in the three preceding sen­ 178 and 179 of this chapter. Part 180 tences does not apply if the offer relates establishes the U.S. Munitions Import §601.202 Closing agreements. to a tax over which Appellate Division List and contains the regulations relative H: Jfc Hr sfc $ has no authority (see § 601.106(a) (3)). to (a) the registration of importers in (c) Approval. * * * Taxpayers and their representatives are arms, ammunition, and implements of (3) Closing agreements for a taxablerequired to fulfill and comply with the war, (b) import permit requirements, period or periods ended prior to the date applicable conference and practice re­ (c) import certification and verification, of agreement and related specific items quirements. See Subpart E of this part. (d) import restrictions applicable to cer­ affecting other taxable periods (including P ar. 8. Section 601.319 is revised to read tain countries, and (e) the forfeiture of as follows: seized arms, ammunition, and imple­ those covering competent authority de­ ments of war under the Mutual Security terminations in the administration of the § 6 0 1 .3 1 9 Applicable laws. operating provisions of the tax conven­ Act of 1954. Chapter 53 of the Internal Revenue Par. 10. Section 601.328 is amended by tions of the United States) may be en­ Code (26 U.S.C. 5801-5872), the provi­ revising paragraph (a) to read as tered into and approved by the Assistant sions of which are chiefly derived from follows : Commissioner (Compliance). the National Firearms Act amendments * ifc * :fe $ of 1968 (82 Stat. 1227), imposes a tax § 601.328 Rulings. (6) Closing agreements providing foron the manufacture and transfer in the (a) Requests for rulings. Any person the mitigation of economic double taxa­ United States, of machine guns, destruc­ who is in doubt as to any matter arising tion under section 3 of Revenue Proce­ tive devices, and certain other types of in connection with (1) operations or dure 64-54, C.B. 1964-2, 1008, or under firearms, and an occupational tax upon transactions in the alcohol tax area oi Revenue Procedure 69-13, C.B. 1969-1, every importer and manufacturer of, and 402 or for such mitigation and relief dealer in, such firearms. Section 1(b) (2) under the Federal Alcohol Administra­ under Revenue Procedure 65-17, C.B. of the act of August 9, 1939 (53 Stat. tion Act, (2) operations or transactions 1965-1, 833, may be entered into and 1291; 49 U.S.C. 781-788) makes provision in the tobacco tax area, or (3) the taxes

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 RULES AND REGULATIONS 15921 relating to machine guns, destructive de­ Code provides for certain payments (e) Registration and bonding require­ vices, and certain other firearms imposed to purchasers of special fuels used ments. (1) Under temporary regula­ by chapter 53 of the Code; the registra­ for nonhighway purposes or by local tions effective January 1, 1959, an article tion by importers and manufacturers of, transit systems or of aviation fuel used may, in general, be sold tax free under and dealers in, such firearms; the regis­ in other than noncommercial aircraft. chapter 32 of the Code by the manufac­ tration of such firearms; the licensing of Payments allowable under sections 6420, turer for certain uses, provided the seller, importers and manufacturers of, and 6421, 6424, and 6427 of the Code may be first purchaser, and second purchaser, dealers in, firearms and ammunition, claimed by an income-taxpayer as a as the case may be, have been registered. and collectors of firearms and ammuni­ credit under section 39 of the Code In the case of State governments, regis­ tion curios and relics, under chapter 44 against the tax due on his income tax tration is optional. Also, the require­ of title 18 of the United States Code; return. Governmental agencies and cer­ ments for registration do not apply to and registration of importers of, and tain exempt organizations may file sales or purchases by the United States, permits to import, arms, ammunition, claims for allowable payments on Form or to a purchaser located in a foreign and implements of war, under section 843. In the case of gasoline used for cer­ country or a possession of the United 414 of the Mutual Security Act of 1954, tain nonhighway purposes or used by States where an article is sold for export. may request a ruling thereon by address­ local transit systems, other aviation fuel Any person who has been issued a cer­ ing a letter to the Director, Alcohol, used in commercial aircraft, and lubri­ tificate of registry prior to January 1, Tobacco, and Firearms Division, Internal cating oil used otherwise than in a high­ 1959, which has not been revoked, is reg­ Revenue Service, Washington, D.C. 20224, way motor vehicle, the ultimate pur­ istered for purposes of the temporary or to the assistant regional commissioner chaser may file a claim for payment in regulations. Any other person entitled (alcohol, tobacco, and firearms) of the lieu of such income tax credit, with re­ to sell or purchase articles tax free under region in which the inquirer’s business spect to any of the first three quarters such regulations who has not previously is located. Since a ruling as defined in of his taxable year for which he is en­ registered, may register by completing paragraph (a) (2) of § 601.201 can. issue titled to a payment of $1,000 or more. Form 637 setting forth the prescribed only from the National Office, any such Applicable regulations and instructions information and forwarding it to his request made to an assistant regional accompanying the prescribed forms pro­ district director. Such person shall be commissioner will be referred by him to vide detailed procedures. considered to be registered for purposes the Director, Alcohol, Tobacco, and Fire­ (4) Aircraft use tax refunds. Section of making such tax-free sales or pur­ arms Division, for reply unless the issues 6426 of the Code provides for refund of chases upon receipt of a validated Form involved are clearly covered by currently aircraft use tax if plane transports for 637 from his district director. effective rulings or come within the plain hire in foreign air commerce. (2) If not previously registered, pro­ intent of the statutes or regulations. If a (5) Fuels not used for taxable pur­ ducers and importers of gasoline and request for a ruling is signed by a repre­ poses. Section 6427 provides for certain manufacturers of lubricating oil (includ­ sentative, or if the representative is to payments to ultimate purchasers of ing wholesale distributors of gasoline appear before the Internal Revenue diesel fuel, special motor fuels, and avia­ who qualify as producers under appli­ Service, such representative must pre­ tion fuels not used for taxable purposes. cable regulations) must, before incurring sent a tax information authorization or any liability for tax under section 4081 or (d) Registration requirements under4091 of the Code, make application for a power of attorney, signed by the tax­ Chapter 31 of the Code.

No. 197- FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15922 RULES AND REGULATIONS (4) Wagers. Subchapter A of chapter pensing preparations containing such Dated: October 5, 1970. 35 of the Code imposes a tax on wagers drugs. The responsibility for the admin­ [seal] W lliiam L. D ickey, as defined therein. istration and enforcement of these taxes Acting Assistant Secretary (5) Highway motor vehicle use. Sub­ is jointly shared by the Internal Revenue of the Treasury. chapter D of chapter 36 of the Code Service and the Bureau of Narcotics and imposes a tax for each taxable year Dangerous Drugs. [F.R. Doc. 70-13641; Filed, Oct. 8, 1970; (commencing after June 30, 1956, and (5) Opium for smoking purposes. Sub­ 8:51 a.m.] ending before October 1, 1972) upon the part B of part I of subchapter A of use, at any time during the taxable year, chapter 39 of the Code imposes a tax on the public highways in the United upon all opium manufactured in the States of any highway motor vehicle United States for smoking purposes. Title 33— NAVIGATION AND which (together with certain semitrailers The responsibility for the administration and trailers) has a taxable“gross weight and enforcement of this tax is jointly NAVIGABLE WATERS in excess of 26,000 pounds. shared by the Internal Revenue Service Chapter I— Coast Guard, Department (6) Civil aircraft use. Subchapter E and the Bureau of Narcotics and Dan­ of chapter 36 of the Code imposes a mini­ gerous Drugs. of Transportation ■ mum annual tax for each taxable year (6) Marihuana. Part II of subchapter SUBCHAPTER A— GENERAL (commencing after June 30, 1970, and A of chapter 39 of the Code imposes [CGFR 70-115] ending before July 1,1980) upon the use, a tax upon all transfers of marihuana at any time during the taxable year, in and also imposes all occupational tax pa rt I— g e n e r a l pr o v isio n s the navigable airspace of the United with respect to marihuana on similar States of any taxable civil aircraft. An classes of persons as those enumerated SUBCHAPTER J— BRIDGES additional tax based upon weight is im­ in subparagraph (4) of this paragraph PART 114— g e n e r a l posed on turbine engine powered aircraft and in addition imposes a tax on millers and on those nonturbine engine powered of marihuana. The responsibility for Redelegation of Authority aircraft having a maximum certificated the administration and enforcement of 1. It is the policy of the Department of takeoff weight of more than 2,500 this tax is jointly shared by the Internal Transportation to decentralize authority pounds. Revenue Service and the Bureau of to the maximum extent compatible with (7) Sugar. Chapter 37 of the Code also Narcotics and Dangerous Drugs. effective direction and control. In con­ imposes a tax upon manufactured sugar ***** sonance with this policy, the Comman­ manufactured in the United States. [seal] R andolph W. T hrower, dant by this document redelegates to the (8) Circulation other than of national Commissioner of Internal Revenue. Chief, Office of Operations, U.S. Coast banks. Subchapter E of chapter 39 of the Guard Headquarters the authority to Code imposes a tax with respect to (i) [F.R. Doc. 70-13553; Filed, Oct. 8, 1970; 8:48 a.m.] issue rules and regulations pertaining to the average circulation outstanding of the operation of drawbridges as author­ any bank, association, corporation, com­ ized by section 5 of the Act of August 18, pany or person, and (ii) the circulation 1894, as amended (28 Stat. 362, 33 U.S.C. paid out by every person, firm, associa­ 499). This authority is vested in the Sec­ tion other than national bank associa­ Title 31— MONEY AND retary of Transportation by section 6(g) tions, and every corporation, State bank, (2) of the Department of Transportation or State banking association. FINANCE: TREASURY Act and has been delegated to the Com­ (9) Interest equalization. Chapter 41 mandant with the further authority to of the Code imposes (subject to specified Chapter I— Monetary Offices, Depart­ redelegate it within the Coast Guard by exemptions) a tax on the acquisition by ment of the Treasury 49 CFR 1.45(b) and 1.46(c) (5) (35 F.R. United States persons of foreign securi­ 4959). In recent months the number of ties from a foreign person. The tax be­ PART 90— TABLE OF CHARGES AND documents involving these regulations came effective July 19,1963. REGULATIONS OF MINTS AND has increased substantially. This redele­ (10) Hydraulic mining. The act en­ ASSAY OFFICES OF THE UNITED gation is consistent with the effective di­ titled “An Act to create the California STATES FOR PROCESSING GOLD rection and control of this function. Debris Commission and regulate hydrau­ 2. By a document published in the Fed­ lic mining in the State of California,” AND SILVER AND ASSAYING BUL­ LION, METALS, AND ORES eral R egister of May 27, 1970 (35 F.R. approved March 1, 1893, as amended (33 8279), 33 CFR 1.05-1 (c) was revised to U.S.C. 661-687), imposes a tax with re­ PART 92— BUREAU OF THE MINT redelegate to the Chief, Office of Opera­ spect to certain hydraulic gold mining OPERATIONS AND PROCEDURES tions, the authority to issue rules and in the State Of California. regulations pertaining to : (1) The estab­ * * * * * PART 93— OFFICE OF DOMESTIC lishment and disestablishment of an­ Par. 13. Section 601.404 is amended by GOLD AND SILVER OPERATIONS chorage grounds and special anchorage revising subparagraphs (4), (5), and (6) PROCEDURES AND DESCRIPTIONS areas, (2) changes to the anchorage reg­ of paragraph (c) to read as follows: OF FORMS ulations, and (3) the affirmance of the actions of the Coast Guard District Com­ § 601.404 Miscellaneous excise taxes col­ lected by sale of revenue stamps. Silver Deposits at Mints for Exchange; manders concerning security zones. This Notice of Termination document further revises this paragraph * * * * * by adding the authority pertaining to the (c) Commodity stamp taxes. * * * Effective November 10, 1970, the U.S. operation of drawbridges. Minor amend­ (4) Opium, isonipocaine, opiates, andMints and Assay Offices will no longer ments are made to §§ 114.01 and 114.05 coca leaves. Part I of subchapter A of accept deposits of silver for exchange to reflect this redelegation and the cur­ chapter 39 of the Code imposes a tax into bars. Accordingly, Parts 90, 92, and rent citations of authority. Since this upon narcotic drugs produced in or im­ 93 of Title 31 of the Code of Federal amendment relates only to the interna ported into the United States, and sold, Regulations will be amended to delete management of the Coast Guard, notice or removed for consumption or sale and the specifications and conditions for the and public procedure thereon are not re­ also imposes an occupational tax on (i) receipt of such deposits. These amend­ quired and the amendment can be made importers, manufacturers, producers or ments will be effective as of the close of compounders of such drugs; (ii) whole­ business November 10, 1970. Deposits effective in less than 30 days. sale or retail dealers in such drugs; (iii) received at the U.S. Mints and Assay 3. In consideration of the foregoing, physicians, dentists, veterinary surgeons Offices prior to this time will be ac­ paragraph (c) of § 1.05-1 is revised to or other practitioners dispensing such read as follows : drugs; (iv) persons engaged in research, cepted for exchange in accordance instruction or analysis using such drugs; with the regulations governing such and (v) persons not otherwise taxed dis­ exchanges.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 RULES AND REGULATIONS 15923

(c) The Commandant redelegates to [CGFR 70-128] Coast Guard District to establish special operation regulations for its bridge across the Chief, Office of Operations, U.S. PART 117— DRAWBRIDGE Coast Guard Headquarters with the res­ the Middle Branch of the Patapsco River ervation that this authority shall not be OPERATION REGULATIONS (Spring Garden Channel), Baltimore, further redelegated the authority to issue Closure of Draw for Emergency Md. A public notice dated November 25, 1969 setting forth the proposed revision rules and regulations pertaining to the Vehicles following: of the regulations governing this draw­ (1) The establishment and disestab­ 1. The Commandant has received a bridge was issued by the Commander, lishment of anchorage grounds and spe­ number of complaints to the effect that Fifth Coast Guard District and was made cial anchorage areas. emergency vehicles are encountering un­ available to all persons known to have (2) Changes to the anchorage regula­ reasonable delays in crossing over draw­ an interest in this subject. The Com­ tions. bridges. It appears that even when mandant also published these proposals (3) The affirmance of the actions of advance notice of the vehicle’s arrival in the F ederal R egister of June 4, 1970 the Coast Guard District Commanders has been given to the drawtender that (35 F.R. 8664). concerning security zones. on occasions the draw has been opened 2. Interested persons were afforded an (4) The operation of drawbridges. on the arrival of the emergency vehicle. opportunity to participate in this rule 4. Section 114.01 is amended by revis­ This situation causes delay to these vehi­ making procedure through the submis­ ing the introductory text of paragraph cles and jeopardizes the public interest, sion of comments. The Baltimore City (c) and by adding paragraph (d) to read health or safety. Fire Department’s Marine Units at first as follows: 2. The provisions set forth in 33 CFR objected but withdrew the objection after 117.1a(a) provide that the draw of a the inclusion of a provision that would § 114.01 Purpose. bridge may be temporarily closed not­ permit the passage of marine fire fight­ * * * * * withstanding the existence of regulations ing equipment within 15 minutes after (c) Subsection 6(g) of the Depart­ requiring it to open on signal “when the notification at any time. The Baltimore ment of Transportation Act (Sec. 6(g), public interest, health or safety so re­ Gas and Electric objected on the grounds 80 Stat. 937, 49 U.S.C. 1655(g)) trans­ quires.” Although this provision is in that fire fighting equipment might be ferred and vested in the Secretary of general terms, it is intended to apply to delayed, however this objection is not Transportation all functions, powers and and to expedite the crossing of draw­ considered valid in view of the above. duties of the Secretary of the Army and bridges by emergency vehicles. However, The American Dredging Co. which pro­ other officers and offices of the Depart­ the fact that this problem arises from vides dredging services for the Maryland ment of the Army under specified laws. time to time indicates the need for a Port Authority on a 24 hour, 7-day-week The Secretary of Transportation by 49 more specific requirement than the pres­ basis objected but because of the limited CFR 1.45(b) and 1.46(c) (5), (6), (8), ent one. dredging done above the bridge it is felt (9), and (10) delegated to the Com­ 3. The amendment in this document that this objection has little validity. mandant, U.S. Coast Guard, with the merely reiterates in specific terms the After consideration of all known factors present requirements of § 117.1a(a) as it in this case, the proposal is accepted. authority to redelegate within the Coast relates to emergency vehicles. In view of Accordingly 33 CFR 117.245 (5-b), is Guard, the authority to exercise the this fact, notice and public procedures added to read as follows: functions, powers, and duties of the Sec­ thereon are not required and the amend­ retary with respect to the following pro­ § 117.245 Navigable waters discharging ment can be made effective in less than into the Atlantic Ocean south of and visions of law: 30 days. including Chesapeake Bay and into * * * * * 4. Section 117.1a is amended by adding the Gulf of Mexico, except the Mis­ (d) The Commandant by 33 CFR 1.05- paragraph (e) to read as follows: sissippi River and its tributaries and 1(c)(4) delegated to the Chief, Office of § 117.1a Temporary departures from outlets; bridges where constant at­ tendance of drawtenders is not re­ Operations, U.S. Coast Guard Headquar­ regulations in this part. ***** quired. ters the authority to issue rules and reg­ ♦ sfc * # * ulations pertaining to the operation of (e) Closure of draw for emergency * * * vehicles. When a drawtender is informed drawbridges. This authority shall not be by a reliable source that an emergency (5-b) Middle Branch, Patapsco River further redelegated. vehicle is due to cross the draw, he shall (Spring Garden Channel) Baltimore, 5. Section 114.05 is amended by adding take all reasonable measures necessary Md., Western Maryland Railway Bridge. a new paragraph (k) to read as follows: to have the draw closed at the time the The draw shall be opened promptly on emergency vehicle arrives at the bridge. signal between the hours of 7 a.m. to 12 § 114.05 Definitions. noon and 1 p.m. to 4 p.m. Monday ***** (Sec, 5, 28 Stat. 362, as amended, Sec. 6(g) (2), 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. through Friday. At all other times at (k) Chief, Office of Operations. The1655(g)(2); 49 CFR 1.46(c)(5) (35 F.R. least 6 hours’ advance notice required term “Chief, Office of Operations” means 4959)) except for marine firefighting equipment the officer of the Coast Guard designated Effective date. This amendment shall which shall be passed as soon as possible by the Commandant as his staff officer become effective upon publication in the but in no event more than 15 minutes in charge of the Office of Operations, U.S. F ederal R egister. after notification that such an opening Coast Guard Headquarters. Dated: October 2,1970. is required. (Sec. 1, 63 Stat. 545, Sec. 6(g)(2), 80 Stat. * * * * • T. R. S argent, »37, Sec. 5, 28 Stat. 362; 14 U.S.C. 632, 49 (Sec. 5, 28 Stat. 362, as amended, Sec. 6(g) U.S.C. 1655(g)(2), 33 U.S.C. 499; 49 CFR Vice Admiral, U.S. Coast Guard, (2), 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. 1.45(b), 1.46(c) (5) (35 F.R. 4959) ) Acting Commandant. 1655(g) (2); 49 CFR 1.46(c) (5)) [F.R. Doc. 70-13557; Filed, Oct. 8, 1970; ‘r~ Effective date. This amendment shall 8:48 a.m.] Effective date. This revision shall be­ become effective on the date of its publi­ come effective 30 days following the date cation in the F ederal R egister. [ CGFR 70-77a] of publication in the F ederal R egister. Dated: September 30,1970. PART 117— DRAWBRIDGE Dated: October 2,1970. C. R. B ender, OPERATION REGULATIONS T. R. S argent, Admiral, U.S. Coast Guard, Vice Admiral, U.S. Coast Guard, Commandant. Patapsco River, Baltimore, Md. Acting Commandant. [F.R. Doc. 70-13556; Filed, Oct. 8, 1970; 1. The Western Maryland Railroad[F.R. Doc. 70-13559; Filed, Oct. 8, 1970; 8:48 a.m.] Co. requested the Commander, Fifth 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9« 1970 15924 RULES AND REGULATIONS

[CGFR 70-33a] Effective date. This revision shall be­ negligence or other legal wrong; will not PART 117— DRAWBRIDGE come effective 30 days following the date be furnished hospital care, medical or of publication in the F ederal R egister. OPERATION REGULATIONS surgical treatment, without charge Dated: October 2,1970. therefor to the extent of the amount for East Pascagoula River, Pascagoula, which such parties, referred to in sub- Miss. T. R. S argent, paragraph (1) or (2) of this paragraph, Vice Admiral, U.S. Coast Guard, are, or will become liable. Such patients 1. The Mississippi State Highway De­ Acting Commandant. will be requested to execute an appropri­ partment requested the Commander, [F.R. Doc. 70-13558; Filed, Oct. 8, 1970; ate assignment as prescribed in this Eighth Coast Guard District to issue spe­ 8:48 a.m.] paragraph. Patients who, it is believed, cial operation regulations for the U.S. 90 may be entitled to care under any one of Highway bridge across the East Pas­ the plans in subparagraph (1) of this cagoula River at Pascagoula, Miss. Pres­ paragraph will be requested to execute ent regulations require the draw to open Title 38— PENSIONS, BONUSES, VA Form 10-2381, Power of Attorney on signal. The proposed regulations and Agreement. Those patients who, it is would allow closed periods in the morn­ AND VETERANS’ RELIEF believed, may be entitled to hospital care ing and evening, Monday through Friday. under the circumstances prescribed in A public notice dated February 17, 1970, Chapter I— Veterans Administration setting forth the proposed revision of the subparagraph (2) of this paragraph will regulations governing this drawbridge PART 17— MEDICAL be requested to complete VA Form was issued by the Commander, Eighth Considerations Applicable in Deter­ 2-4763. Notice of this assignment will be Coast Guard District and was made mining Eligibility for Hospital or mailed promptly to the party or parties available to all persons known to have believed to be liable. When the amount of an interest in this subject. The Com­ Domiciliary Care mandant also published these proposals charges is ascertained, bill therefor will In § 17.48, paragraphs (b) and (d) are be mailed such party or parties. in the F ederal R egister of April 15, 1970 amended to read as follows: (35 F.R. 6150). ***** 2. No comments were received in re­ § 17.48 Considerations applicable in de­ (72 Stat. 1114; 38 U.S.C. 210) sponse to the F ederal R egister publica­ termining eligibility for hospital or tion. However, in response to the public domiciliary care. This VA Regulation is effective the notice issued February 17, 1970, objec­ * * * * * date of approval. tions were received from 7 waterway (b) Under paragraph (cH3) of Approved: October 2, 1970. oriented industries or organizations rep­ § 17.47: resenting waterway users in the vicinity (1) “No adequate means of support.” By direction of the Administrator. of the bridge. When an applicant is receiving an~ in­ [seal] R ufus H. Wilson, 3. Four of the objectors suggested that come of $265 or more per month from Associate Deputy Administrator. one closed period in the morning from any source for his own use, this fact will [F.R. Doc. 70-13561; Filed, Oct. 8, 1970; 6:15 a.m. to 7:50 a.m. and one closed be considered prima facie evidence that 8:49 a.m.] period, in the afternoon from 3 p.m. to he has adequate means of support. This is 4:15 p.m. would be preferable to the four subject to rebuttal by a showing that his periods as proposed by the Mississippi income is not adequate to provide the PART 21— VOCATIONAL Highway Department. Three objectors care required by reason of his disability REHABILITATION AND EDUCATION who own fish processing plants upstream or that the income is not available for from the bridge, stated through 'their his use because of other obligations such Subpart D— Administration of Educa­ spokesman that two split periods morn­ as contributions in whole or in part to tional Benefits; 38 U.S.C. Chapters ing and afternoon with some modifica­ the support of a spouse, child, mother, 34, 35 and 36 tions of the original proposal would be or father. In all such cases of alleged better for their operations. inadequate means of support, the cir­ Law Courses 4. On June 3, 1970, representatives of cumstances will be submitted to the In § 21.4274(a), subparagraph (2) is Commander, Eighth Coast Guard District Director for decision. amended to read as follows: met informally in Pascagoula, Miss., with * * * * * the principals. As a result of this meet­ (d) Persons hospitalized pursuant to§ 21.4274 Law courses. ing, it was agreed that two closed periods paragraph (c) (1) or (d) of § 17.47, who (a) Accredited. * * * during the morning, 6:15 a.m. to 6:45 it is believed may be entitled to hospital (2) An evening law course will be a.m. and 7:15 a.m. to 8 a.m., and two care or medical or surgical treatment or closed periods during the afternoon, 3 assessed as full time if pursued for credit to reimbursement for all or part of the of at least 14 semester hours or the p.m. to 4 p.m. and 5 p.m. to 5:30 p.m., cost thereof by reason of any one or more would be to the best advantage of all of the following: equivalent; or if pursued for at least 12 concerned. (1) (i) Membership in a union, fra­ hours or the equivalent and the law 5. In consideration of the foregoing, ternal or other organization; school charges full-time tuition or con­ 33 CFR 117.495 is added to read as (ii) Rights under a group hospitaliza­siders it to be full-time attendance for follows: tion plan, or under any of the prepay other administrative purposes; otherwise medical care or insurance contracts or it will be measured as not more than § 117.495 East Pascagoula River at Pas­ plans which provide for payment or re­ cagoula, Miss., U.S. 90 Highway imbursement in whole or in part, for three-fourths time. Bridge. the cost of medical or hospital care, and ***** The draw shall be opened promptly on conditions the obligation of the insurer (72 Stat. 1114; 38 U.S.C. 210) signal for the passage of vessels except to pay upon payment or incurrence of This VA Regulation is effective that it need not be opened between the liability by the person covered; hours of 6:15 a.m. and 6:45 a.m., 7:15 (iu) “Workmen’s Compensation” or March 26, 1970. a.m. and 8 a.m., 3 p.m. and 4 p.m„ and “employer’s liability” statutes, State or Approved: October 2, 1970. 5 p.m. and 5:30 p.m„ Monday through Federal; and By direction of the Administrator. Friday, except on holidays when the (iv) Right to maintenance and cure in draw shall be opened promptly on signal. admiralty, or [seal] R ufus H. Wilson, Administrator. (Sec. 5, 28 Stat. 362, as amended, sec. (2) By reason of statutory or other re­ Associate Deputy 6(g) (2), 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. lationships with third parties, including [F.R. Doc. 70-13560; Filed, Oct. 8, 1970; 1655 (g) (2); 49 CFR 1.46 (c) (5)) those liable for damages because of 8:49 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 RULES AND REGULATIONS 15925 ter G, Processed Fishery Products, Proc­ lots of product requiring less than 1 hour Title 43— PUBLIC LANDS: essed Products Thereof, and Certain shall be $8.50. Other Processed Food Products, relating (c) Fees to be charged and collected to Fees and Charges (50 CFR 260.70 to for lot inspection services furnished on INTERIOR 260.81) are hereby amended pursuant to an hourly basis shall be based on the ac­ Chapter II— Bureau of Land Manage­ the authority contained in section 6(a) tual time required to render such service ment, Department of the Interior of the Fish and Wildlife Act of 1956 (16 including, but not limited to, the travel, U.S.C. 742e(a)), as amended. The sampling, and waiting time required of APPENDIX— PUBLIC LAND ORDERS amendment as hereinafter set forth re­ thè inspector, or inspectors, in connec­ [Public Land Order 4913] vises the schedule of fees and charges for tion therewith, at the rate of $12.50 per [Colorado 3830] inspection services. hour for each inspector, except as pro­ As a result of the Federal pay in­ vided in paragraph (b) (2) of this COLORADO creases, the rates of which became effec­ section. tive July 1, 1970, and was retroactive to 2. Section 260.71(c) is hereby revised Partial Revocation of Air Navigation December 28,1969, and increased operat­ to read as follows: Site Withdrawal No. 233; With­ ing expenses, the cost of maintaining the § 260.71 Inspection services performed drawal for Protection of Public inspection service for processed fishery on a resident basis. Values products and other products has in­ ♦ * * * * creased since the present fees for fishery By virtue of the authority vested in the inspection services became effective Sep­ (c) A charge of $12.50 per hour plus President and pursuant to Executive tember 18, 1969. The basic change is the actual costs to the Bureau of Commercial Order No. 10355 of May 26, 1952 (17 F.R. increase in the hourly rates for continu­ Fisheries for per diem and travel costs 4831), and the authority contained in ous inspection from $8.10 to $9.25 and incurred in rendering service not specif­ section 4 of the Act of May 24, 1928, 45 for lot inspection and ralated inspection ically covered in this section; such as, Stat. 729, 49 U.S.C. § 214 (1964), it is or­ services from $10.50 to $12.50. but not limited to, initial plant surveys. dered as follows; The amendment is as follows: 3. Section 260.76 is hereby revised to 1. The departmental order of Au­ read as follows : gust 18, 1947, so far as it withdrew the 1. Section 260.70 is hereby revised to read as follows: § 260.76 Charges based on hourly rates following described land as Air Naviga­ not otherwise provided for in this tion Site No. 233, is hereby revoked: § 260.70 Schedule o f fees. part. SIXTH PRINCIPAL MERIDIAN (a) Unless otherwise provided in a When the Director determines that any T. 11 S„ R. 102 W., written agreement between the applicant inspection or related service rendered is Sec. 25,SW1/4SW}4. and the Secretary, the fees to be charged such that charges based upon the fore­ The area described aggregates 40 acres and collected for any inspection service going sections are clearly inapplicable, in Mesa County. performed under the regulations in this charges may be based on the time con­ 2. Subject to valid existing rights, this part at the request of the United States, sumed by the inspector in performance land which is under the jurisdiction of or any other agency or instrumentality of such inspection service at the rate the Secretary of the Interior is hereby thereof, shall be in accordance with the of $12.50 per hour. withdrawn from all forms of appropria­ applicable provisions of § § 260.70 to 4. Section 260.81 is hereby revised to tion under the public land laws, includ­ 260.81. read as follows: ing the mining laws (30 U.S.C., Ch. 2), (b) Unless otherwise provided in the regulations in this part, the fees to be § 260.81 Readjustment and increase in but not from leasing under the mineral hourly rates of fees. leasing laws, for protection of its public charged and collected for any inspection values as a communications facilities site. service performed under the regulations (a) When Federal pay act increases The withdrawal made by this order in this part shall be based on the appli­ occur, the hourly rates for inspection does not alter'the applicability of the cable rates specified in the section for the fees will automatically be increased on public land laws governing the use of the type of service performed. the effective date of the pay act by an lands under lease, license, or permit, or (1) Continuous inspection. amount equal to the increase received by governing the disposal of their mineral Per the • average GS grade level of fishery or vegetative resources other than under hour product inspectors receiving such pay the mining laws. Regular time______$9. 25 increases. Overtime______10.50 (b) The hourly rates of fees to be Harrison Loesch, Assistant Secretary of the Interior. Applicants shall be charged at an hourly charged for inspection services will be rate of $9.25 per hour for regular time subject to review and reevaluation for October 5, 1970. and $10.50 per hour for overtime in ex­ possible readjustment not less than every [P.R. Doc. 70-13550; Filed, Oct. 8, 1970; cess of 40 hours per week for services 3 years: Provided, That, the hourly rates 8:48 a.m.] performed by inspectors assigned to of fees to be charged for inspection serv­ plants operating under continuous in­ ices will be immediately reevaluated as spection. Applicants shall be billed to need for readjustment with each Fed­ monthly at a minimum charge of 8 hours eral pay act increase. Title 50— WILDLIFE AND per working day plus overtime, when ap­ The postponement of the effective date propriate, for each inspector. A mini­ of this revision later than the date pub­ mum yearly charge of 260 days will be lished in the F ederal R egister (5 U.S.C. FISHERIES made for each inspector permanently as­ 1003), is impracticable, unnecessary, and Chapter ^ II— Bureau of Commercial signed to each plant. contrary to the public interest in that : Fisheries, Fish and Wildlife Service, (2) Lot inspection. Officially and un­ (1) The Agricultural Marketing Act of officially drawn samples. 1946, as amended, provides that the fees Department of the Interior For lot inspection services performed be­ charged shall, as nearly as possible, SUBCHAPTER G— PROCESSED FISHERY PRODU< tween the hours of 7 a.m. and 5 p.m. of any cover the cost of the service rendered; PROCESSED PRODUCTS THEREOF, AND CERTi regular workday—$12.50 per hour. (2) the increases set forth herein are OTHER PROCESSED FOOD PRODUCTS For lot inspection services performed be­ necessary to more nearly cover such cost, tween the hours of 5 p.m. and 7 a.m. of any including but not limited to, increased PART 260— INSPECTION AND regular workday—$16 per hour. salaries to Federal employees required by CERTIFICATION For lot inspection services performed on recent legislation; (3) it is imperative Saturday, Sunday, and national legal holi­ Changes in Fees and Charges that the increase in fees becomes effec­ days—$20 per hour. tive in time to meet such increased costs; TuS^«regulations governing Part 260, The minimum service fee to be charged (4) users of the inspection service were inspection and Certification, of Subchap­ and collected for inspection of any lot or notified that the rates of fees be charged

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15926 RULES AND REGULATIONS for inspection service would be reeval­ (Sec. 205, 60 Stat. 1090, as amended; 7 U.S.O. uated as to need for readjustment with 1622 and 1624) each Federal Pay Act increase by inclu­ Dated October 2 ,1970, to become effec­ sion of § 260.81 into Part 260 Inspection tive upon publication in the F édéral and Certification and published in the R egister. F ederal R egister (27 F.R. 4781); and P hilip M. R oedel, (5) additional time is not required by Director. users of the inspection service to comply [F.R. Doc. 70-13549; Filed, Oct. 8, 1970; with this revision. 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15927 Proposed Rule Making

2. Discussions of issue No. 2 (Adjust­ thorizing handlers to make a negotiated DEPARTMENT OF AGRICULTURE ment of Class II price * * *) and issue No? bulk tank service charge, (2) reduce the 4 (Classification of cream * * *) are Class n price level by 18 cents, and (3) Consumer and Marketing Service revised. announce the class prices and the uni­ [ 7 CFR Parts 1001, 1002, 1004, 3. “General Findings” have been added form price as f.o.b. farm prices in the following the “Rulings on Proposed Find­ 201-210-mile zone. 1015 1 ings and Conclusions”. The immediate circumstances prompt­ [Docket Nos. AO-14-A47-R02 etc.] The material issues on the record of ing the proposals were the alleged the hearing relate to: diminishing processing capacity of the MILK IN MASSACHUSETTS-RHODE 1. An 18-cent reduction in Class II market as a result of plant closings, and ISLAND-NEW HAMPSHIRE AND price level under the New York-New the increasing pressure on the part of CERTAIN OTHER MARKETING Jersey order and removal from the order proprietary handlers to invoke the order AREAS of the provision permitting a handler provision permitting the deduction, in in making payment to each producer to making payment to producers, of a bulk Decision on Proposed Amendments to deduct a service charge (up to 10 cents tank service charge (up to 10 cents per Marketing Agreements and to Orders per hundredweight) authorized in writ­ hundredweight) when authorized by the ing by such producer with respect to bulk individual producer. These developments, 7 CFR Marketing area Docket No. tank milk received from such producer. proponents suggest, reflect handlers’ Part 2. Adjustment of the Class H price generally unsatisfactory financial posi­ level under each of the other five north­ tions, and are the outgrowth of an in­ 1001 Massachusetts-Rhode A0-14-A47-R02. eastern orders by the amount of any ad­ appropriate Class II price level under Island-New Hampshire. 1002 New York-New Jersey___ AO-71-A60. justment made to the New York-New Order 2. 1003 Washington, D .C 1...... AO-293-A23-R03. Jersey (Order 2) Class II price. The basic objective sought by propo­ 1004 Delaware Valley 1...... AO-160-A43-RO3. 1015 Connecticut______AO-305-A26. 3. Adjustment of the Order 2 Class I nents is a reduction in the Class II price 1016 Upper Chesapeake Bay AO-312-A20-RO3. price level to provide alignment with re­ level to compensate handlers for their spect to handlers’ costs for milk for out-of-pocket costs for hauling Class II 1 This decision is applicable to the merged Class I use on an f.o.b. market basis as milk from farm to plant and to thus bet­ order designated as the Middle Atlantic or­ between Order 2 and Order 4 (Delaware ter equate handler costs for Class II milk der (Order No. 4, part 1004) which is a con­ Valley). under the several northeastern orders solidation of the Washington, D.C., Delaware 4. A Class II classification of cream while at the same time preserving the Valley, and Upper Chesapeake Bay orders concept of “pricing at the farm” under (Parts 1003, 1004, and 1016, respectively). under Order 2. The Middle Atlantic order was issued by the 5. Need for emergency action with re­ Order 2. A secondary objective is to pro­ Assistant Secretary on June 19, 1970 (35 spect to any or all issues under consid­ vide price relief to handlers still operat­ F.R. 10273) and became effective Aug. 1, eration. ing can receiving decks to offset the 1970. Since this decision involves no change mounting per hundredweight cost of re­ in the three predecessor orders which are F indings and Conclusions. ceiving diminishing volumes of can milk, now incorporated in the Middle Atlantic or­ The following findings and conclusions now only 25 percent of the total volume der, no further considerations are necessary on the material issues are based on evi­ of milk pooled. as regards to the said Middle Atlantic order. dence presented at the hearing and the In support of their proposal, pro­ A public hearing was held upon pro­ record thereof: ponents pointed out that under all other posed amendments to the marketing 1. Reduction of the Order 2 Class IIFederal orders milk is priced f.o.b. plant agreements and the orders regulating the price level and removal of the provision of first receipt, and the cost of moving handling of milk in the aforesaid speci­ permitting the deduction of a hulk tank milk from farm to plant is the responsi­ fied marketing areas.1 The hearing was service charge when authorized by the bility of the producer. When the receiv­ held, pursuant to the provisions of the producer. ing handler is also the hauler, the other Agricultural Marketing Agreement Act No change should be made in the Class orders permit the handler in making of 1937, as amended (7 U.S.C. 601 et seq.), II price level under Order 2 on the basis payments to each producer to deduct and the applicable rules of practice (7 of this record. However, provision should hauling costs up to the full amount CFR Part 900), at New York City on be made whereby any handler as the op­ authorized in writing by such producer. April 6-14, 1970, pursuant to notice erator of a bulk tank unit, purchasing This, proponents said, is in contrast to thereof issued on March 25,1970 (35 F.R. milk from producers will receive a 10- the unique pricing procedure prescribed 5180). cent credit from the pool for each hun­ by the New York-New Jersey order Upon the basis of the evidence intro­ dredweight of pool unit milk so purchased whereby milk is priced at the zone (dis­ duced at the hearing and the record which is disposed of for Class II use. The tance from market computed from the thereof, the Deputy Administrator, Reg­ order provision under which a handler, in nearer of the basing points) of the town­ ulatory Programs, on July 7, 1970 (35 paying his bulk tank producers, may de­ ship in which the producer’s milkhouse F.R. 11129) filed with the Hearing Clerk, duct a bulk tank service [hauling] charge is located. This, they contend, is in fact U.S. Department of Agriculture, his rec­ (up to 10 cents per hundredweight) pricing at the farm and, since the han­ ommended decision containing notice when transportation is provided by the dler picking up the milk necessarily of the opportunity to file written excep­ handler or at his expense, should be re­ takes title at the time and point of tions thereto. tained. The handler’s use of such provi­ pickup, there appropriately should be no The material issues, findings and con­ sion, however, should be limited in the adjustment in payments to producers case of Class II milk to that amount by to cover any part of the cost of pickup clusions, and rulings of the recommended which actual hauling cost from farm to or hauling in moving such milk to the decision are hereby approved and plant of first receipt exceeds 10 cents handler’s plant. Accordingly, the Order adopted and are set forth in full herein and in all other circumstances to actual 2 Class II price is not appropriately subject to the following modifications: hauling cost from farm to plant of first aligned with Class II prices under the 1. Under issue No. 1 of the findingsreceipt. adjacent Federal orders. (Reduction of the Order 2 Class II price The four principal cooperative associa­ Proponents also pointed out that the tions representing producers in the Order continuing operation of can receiving level * * *) the first and the last two 2 market proposed amendment of the decks in the face of a declining volume paragraphs of the discussion are revised. order to (1) eliminate the provision au­ of can milk is becoming an increasingly

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15928 PROPOSED RULE MAKING

more costly operation for handlers. They gave recognition to the fact that handlers However, other findings of such decision, held that their proposed decrease of 18 were not then charging for bulk tank as set forth both prior to and subse­ cents in the Class n price level should pickup and hauling but were, in fact, quently to the above findings clearly be applicable also to can milk to offset paying premiums for bulk tank milk. substantiate that the permissive author­ handlers’ mounting costs of receiving Accordingly, no provision was made for ized service charge, in conjunction with can milk, presumably to insure the con­ any hauling deduction. the applicable location differentials, was tinuing operation of such facilities in The current bulk tank milk pricing intended to provide sufficient flexibility order that can producers would have a provisions were adopted by the Assistant in pricing to cover hauling from farm continuing outlet for their milk. Secretary in his decision of October 31, to plant. For example, it was found: Representatives of cooperatives in the 1963 (28 F.R. 1195.6), official notice of “There is also indication in the record adjacent Orders 1, 3, 4, and 16 markets which is taken. It was there found that that contract hauling service on delivery opposed any adjustment of the Order 2 since the initial adoption of the bulk tank of bulk tank milk (directly) to bottling Class II price. It was their position that amendments effective December 1, 1961, plants is available at rates approximately the real problem in the market is the “* * * there have been significant 10 cents per hundredweight per producer Order 2 handlers’ inability to use the changes in marketing conditions which above the rate charged on hauls to permissive hauling deduction provision must be evaluated in relation to these bottling plants from receiving plants at of the order. They held that adoption of provisions. Such changes in conditions similar distances.” proponents’ proposal would, in fact, include: (1) The reduction in premiums Later it was stated as follows: “The cement into the order the concept of to bulk tank producers generally, (2) recommended decision contained a pro­ “free hauling” which the proponent co­ the reluctance of proprietary handlers to vision which would have permitted a operatives have long supported. Such a receive bulk tank milk from individual handler to negotiate only for hauling concept they stated can have no sub­ producers in order to avoid the hauling charges with respect to delivery of the stantive foundation and in the last function, (3) differences in prices ap­ bulk tank milk to his plant nearest the analysis can only be embarrassing to the plicable on can and bulk tank milk, and farm. It was urged in the exceptions that cooperatives which, if handlers do not, (4) a slowdown in the trend toward con­ such provision not be included in the are forced to handle the milk and bear version to bulk tank handling. Moreover, amended order since, in many cases the transportation costs. The concept of the highly desirable objective of"price there would be no practical way to de­ “free hauling”, they said, obviously has alignment among regulated markets of termine appropriate charges for moving appeal to producers and if guaranteed the Northeast, particularly as to milk in milk to the handler’s nearest plant if the under Order 2 would necessarily spread manufacturing uses under the several milk were not actually received at such to their markets. Cooperatives in the Federal orders, is not achieved by the plant. It also was pointed out that many adjacent markets are not financially able present provisions.” handlers operate separate can and bulk to bear the costs of transporting their In response to exceptions to the recom­ receiving stations and that such provi­ members’ milk, they stated. mended decision to adopt the present sion might well mean determining a The system of accounting for and pric­ authorization for a bulk tank service hauling charge for the delivery of bulk ing bulk tank milk under Order 2 was charge, the Assistant Secretary extended milk to a plant not having the physical initially adopted in recognition of the his conclusions as follows: facilities to receive such milk. In view fact that the order did not accommodate of the foregoing, the provision is not diversions, but pooled only milk physi­ As stated earlier the hulk tank pooling and included in the amended order. cally received at pool plants. This pro­ pricing provisions establish a single point in each township at which the m in im u m In those cases where a handler contracts cedure of pooling presented no substan­ prices (including transportation adjust­ with an independent hauler for delivery of tial problems under can handling since ments) apply for each farm within such bulk tank milk, the amount deducted from all milk associated with any particular township. Therefore, it follows that this the producer’s payment may not exceed that plant generally of necessity was moved single point in each township is the point charged by ~ and paid to the hauler. Any to such plant on a regular basis for at which bulk tank milk should be considered amount deducted from the producer in ex­ assembly and cooling, and ultimate use as received by the handler for pricing pur­ cess of that paid to the hauler as an appro­ or transfer. However, with the advent of poses. Accordingly, it is appropriate to allow priate offset to bona fide hauling service a limited authorized service charge for haul­ would be considered an underpayment, in bulk tank handling, it was no longer ing bulk tank milk from thè farm to this violation of the order’s minimum pricing essential that bulk milk be moved to a point. provisions. particular plant unless it was to be used there. With the flexibility of bulk tank * * * * - * In his recommended decision the handling, milk most efficiently could be The important matter to be resolved in Deputy Administrator stated that the moved directly from the farm to plant order to maintain orderly marketing in this Department does not take issue with of final disposition. market is how best to achieve uniform pric­ proponents in their contention that ing to handlers on all milk priced and pooled the costs to Order 2 handlers for Class II In the interest of marketing efficiency under the order. If there is a conflict be­ it was essential that the order be revised tween this objective and manner of applica­ milk, under existing circumstances in to accommodate diversions or, in the tion of bulk tank pricing, where the handler which handlers have not generally uti­ alternative, to accommodate the pooling assumes responsibility for receipt of the bulk lized the permissive authorized 10-cent of bulk tank milk associated with the tank milk, such conflict must be resolved in bulk tank service deduction, exceeds that favor of application of prices in a manner of handlers in other northeastern Fed­ market under circumstances where it which provides a reasonable standard of uni­ eral order markets where Class II milk did not move through a pool plant in formity. The bulk tank pooling provisions is priced under an identical pricing for­ the same manner as previously when and township pricing were adopted in the mula, He further pointed out that the handled in cans, but rather moved di­ New York-New Jersey market to accommo­ rectly to nonpool plants for final dispo­ date certain marketing problems which had Department has stressed this point in sition. The system of pooling bulk tank developed because of the particular charac­ several recent decisions on the matter units, and pricing at the zone of the teristics of bulk tank milk. The pri e which of surplus pricing under the six north­ attaches to such milk is not determined at eastern orders. minor civil division (township) in which the location of the individual farms but is The present order provisions provide the producer’s milkhouse is located, was determined at the township pricing point. the means whereby pickup costs (up adopted as an appropriate means of It is not until the milk is delivered to this to 10 cents per hundredweight) on accommodating the pooling problem. point that the price is actually earned by bulk milk could be authorized and paid The proponent cooperatives strongly producers. Permitting an authorized service by the producer, thus minimizing any opposed the Department’s initial recom­ charge will provide the means to achieve uniformity in the pricing provisions while Class II price disparity between Order 2 mendations with respect to bulk tank at the same time preserving the principle of and the other northeastern orders. The provisions which would have provided bulk tank unit pooling. basic issue is whether the Department flexibility in the pricing of bulk tank shall lower the f.o.b. township Class II milk by permitting adjustment in pro­ From these findings it could be con­ price level by 18 cents and accept pro­ ducer payments by the amount of pro­ strued that the permissible service charge ponents’ position that there should be ducer authority deductions for hauling was intended to be limited to the costs no adjustment from the announced class costs. In its final decision the Department of delivery to the township pricing point. prices in payment to producers, or rather

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 PROPOSED RULE MAKING 15929

shall retain in the order pricing provi­ The order modifications which pro­ A class price adjustment in the man­ sions the flexibility presently provided ponents support would provide at best ner proponents support would leave the and necessary to insure equity of pricing only an “average equity” for Order 2 order completely inflexible to accom­ under the order as among handlers in handlers in relation to other northeast­ modate the varying conditions and costs the face of the varying conditions of bulk ern handlers in their costs for Class II of bulk tank pickup. In addition, such tank pickup. milk, and then only if the 18 cents at is­ proposition implies that it would be The conditions of pickup of farm bulk sue is the true average hauling cost which proper to adjust the class prices each tank milk do vary greatly. Consequently, does not appear to be the case. It would time there was a change in hauling rates there can be no equity in pricing among not reduce inequity, however, among in order to maintain continuing price handlers without an appropriate means Order 2 handlers in their relative costs alignment with adjacent markets. We for adjusting handlers’ obligations to of Class II milk under the order. cannot agree that this is a proper basis compensate for these variations. The de­ Proponents detailed a lengthy list of under the act for adjusting class prices. duction of an authorized charge, if used plant closings over the past several years A further problem, with respect to the as now permitted, could provide the to support their position of an increasing porposal is that the deletion of the exist­ needed flexibility to this end and result problem with respect to the handling of ing provision permitting a bulk tank in greater parity of costs for milk among Class II milk. They also established that service deduction of up to 10 cents, in New* York-New Jersey order handlers. some substantial facilities were not being fact, would have the effect of increasing Proponents hold this position to be operated at capacity and urged favorable the minimum order Class I price by 10 fallacious and suggest that this is sub­ emergency action on their proposals as cents. Proponents contend, however, that stantiated by the fact that no handler has a means of encouraging handlers to proc­ this is not the case, stating that since attempted to make an adjustment other ess all of the prospective reserve milk handlers have not used the provision to than the maximum allowable 10 cents. supply in the current flush. Proponents any significant degree (only 333 pro­ This, they conclude, demonstrates an in­ made clear, however, that their proposals ducers delivering to cooperatives and 24 tent to compromise the class prices were not intended for temporary adop­ producers delivering to proprietary han­ rather than an intent to adjust such tion only. dlers had a bulk tank service deduction prices only to the extent necessary to While the list of plant closings was in August 1969), the removal of the pro­ offset the difference in costs reflected substantial, the closed plants were pri­ vision would have no substantive effect in the varying conditions of pickup. marily receiving stations or small fluid on handlers’ cost for Class I milk. The latter position must be examined milk or manufacturing plants. The pre­ To the extent that handlers have not in relation to the record testimony on the ponderance of these closings undoubtedly used the authorized deduction provision, hauling problem faced by handlers. A were the direct result of the continuing they have paid a premium over the pre­ witness from Cornell University pre­ transition of the market to bulk tank scribed order minimum prices. The effect sented the results of his study of haul­ handling. Except for the recent closings of deleting the provision would be to ing rates for milk delivered to 20 special­ of several Borden plants, the closings incorporate this, premium in the mini­ ized manufacturing plants which showed did not substantially affect the overall mum order prices. In addition, as co­ that such hauling rates varied from an processing capacity of the market. operatives in adjacent markets contend, average of 15.4 cents for seven plants It may not reasonably be concluded removal of the permissive bulk tank with 30.6 percent of the milk volume, to that there is inadequate processing service deduction provision with respect 25.8 cents for six plants with 36.6 percent capacity in the area to handle all of the to Class I milk would cement into the of the milk volume. Such witness also in­ prospective market reserve. Even though minimum price structure the concept of dicated that the locations (township it is possible that there may be some dis­ “free hauling” to the producer, unlike zones) of the farms involved in his study located supplies which may have some the other markets. were on the average two zones nearer the difficulty in finding an outlet, there is To the extent that Order 2 handlers market than the plants to which their no immediate emergency in this respect. (including cooperatives) have borne the milk moved. On the basis of this record it must be transportation costs associated with the Since the maximum deduction permit­ concluded that a price adjustment could pickup and movement of bulk tank milk ted under the order is obviously, in have little impact on the availability from farm to plant, their milk costs ad­ most circumstances, well below actual of outlets during the current flush pro­ mittedly have exceeded the order class transportation costs, it is not surprising duction period which peaks in May. prices which the Secretary has found to that any handlers seeking to use the per­ It cannot be concluded that the be in proper alignment with the Order 1 missive deduction would seek the full al­ claimed deterioration in the financial class prices. lowable 10 cents. The median group of The Deputy Administrator pointed six plants ir the 20-plant study showed position of some handlers emanates di­ out that proponents held that their an average hauling cost of 18.6 cents. rectly from the Class II price level under the order. The New York-New Jersey or­ three-pronged proposal must be adopted However, the average hauling cost for in full as proposed or that no action the 20 plants was 20.3 cents per hundred­ der pools a far greater volume of milk than any other Federal order. The vol­ should be taken. He concluded, in light weight, not 18 cents. Further, while the of all the above findings and conclusions, spokesman for one of the proponent co­ ume of Class H milk handled under the New York-New Jersey order is about 33 that no amendatory action should be operative groups testified that for his or­ taken on this record. He indicated, how­ ganization the farm-to-plant hauling percent more than that under the Chi­ cago Regional order. Also, based on 1969 ever, that the situation would be sub­ costs on bulk tank milk averaged slightly stantially ameliorated if the present pro­ over 18 cents, the witness for another data, the Order 2 weighted average Class II price has been 19 cents less than the vision, permitting authorized hauling de­ of the proponent cooperative groups ductions up to 10 cents, actually were testified that his organization’s hauling corresponding class price under the Chicago order. used. costs on bulk tank milk from farm to Exceptors to the recommended deci­ manufacturing plant exceeded 18 cents. The slow conversion to bulk tank han­ sion were unanimous in their position The latter quoted figures of 23.96 cents, dling in the New York-New Jersey mar­ that the present provision, limiting any 26 cents, 21 cents, 22.1 cents, and 18.5 ket unquestionably has been a significant authorized hauling deduction to 10 cents, cents for various member cooperatives. impediment to maximizing operating could under no circumstances accommo­ He also stated that he had computed an efficiency in Class II milk operations. It date the existing situation in which av­ estimated 21.8 cents per hundredweight seems clear that the final stage of the erage hauling rates for moving bulk milk as the cost of hauling bulk milk direct transition to bulk tank handling must be from farms to manufacturing plants are irom farms of the organization’s member expedited if Order 2 handlers are to hold at least 18 cents. cooperatives to their largest manufactur- down their operating costs. A reduction After a careful review of the record ! ^ tp‘anÌ' based on moving the nearest in the order Class n price level applicable evidence in light of exceptions filed, it mils first and on the actual daily volume to can milk at this time could only en­ is concluded that some relief appropri­ received each day for the months of courage the continuing operation of can ately should be provided handlers on March, June, and September 1969 (a decks, which have been eliminated en­ farm bulk tank milk disposed of for total of 51.4 million pounds of milk). tirely in most other markets. Class n uses. Clearly, as previously

No. 197----- 6 FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15930 PROPOSED RULE MAKING pointed out, to the extent that Order 2 While it was further recognized that the handling charges over order prices handlers have borne the transportation this situation in substantial measure which generally prevail trader Order 2. costs associated with the pickup and (up to 10 cents per hundredweight) The Order 4 market is essentially a movement of Class II bulk tank milk could be ameliorated by the use of direct-delivery market; i.e., milk needed from farm to plant, their Class n milk existing order provisions, the needed for Class I use is collected in bulk costs have exceeded the price which han­ price flexibility can appropriately be tankers from the farms and is moved dlers in adjacent order markets are re­ provided through the amendments directly to handlers’ city bottling plants quired to pay for Class n milk. While the adopted and in conjunction with the for processing. The receiving handler un­ situation could be fully ameliorated by present permissive deduction when der the order is held accountable for the open-ending the present limited permis­ authorized. milk at the order prices applicable at the sive authorized hauling deduction, nev­ Under the circumstances, the inter­ location of the receiving plant and the ertheless the needed flexibility with re­ order price alignment contemplated by producer generally pays the transporta­ spect to Class II milk also can be pro­ the existing order provisions has not tion costs, either through authorized de­ vided through a limited pool credit to been disturbed. Accordingly, no change ductions from his payments for milk handlers purchasing bulk unit milk from in the Class II price level under the where the handler is also the hauler or, producers for Class n use. This, in con­ adjacent orders is needed or could ap­ in other circumstances, through negotia­ junction with the permissive authorized propriately be made on the basis of tion when the hauling is by a contract hauling deduction, would substantially this record. The proposal for such a hauler. Milk not needed at the city for cover the range of hauling costs. price adjustment, therefore, is denied. Class I use is moved by diversion directly It cannot be determined with certainty 3. Class I price level under Order 2.to nearby country manufacturing plants on the basis of this record what the pos­ No change should be made in the Order 2 and, in usual circumstances, is priced at sible minimum hauling costs from farm Class I price level on the basis of this the location of the plant of physical re­ to manufacturing plant could be. Never­ hearing. ceipt. Prior to the transition to bulk theless, it can reasonably be concluded The Order 2 Class I price f.o.b. market tank handling, however, most of the mar­ that under no circumstance could is presently fixed at a level 20 cents below ket’s milk supply was initially received such costs be less than 10 cents per the Order 4 Class I price level f.o.b. mar­ at country plants for assembly, cooling hundredweight. Thus, providing a 10 ket with a 5-cent direct-delivery differ­ and transshipment. cent per hundredweight pool credit ential applicable on all milk received at a In contrast, the New York-New Jersey to any handler buying bulk unit milk plant or on pool unit milk received from market is still largely a country plant for Class II use directly from pro­ farms within the 61- to 70-mile zone. receiving market. While the greater size ducers would, in conjunction with the For the month of April, for example, the of the market and distance from the existing 10-cent permissive deduction applicable Order 2 Class I price was $7.22 farm to the central market have been when authorized by the producers, plus the direct-delivery differential and obvious factors in this regard, the con­ offset hauling costs under usual cir­ the applicable Order 4 Class I price was tinuing operation of country receiving cumstances. In order to protect the $7.42. plants is in large measure due to the fact integrity of regulation and insure equity A proposal, set forth in the hearing that can handling is still common (25 among handlers in their cost of Class n notice, made on behalf of three New percent of the milk supply) and the under the terms of the order, the use of Jersey-based Order 2 handlers, would market has not taken full advantage of the permissive deduction, or any por­ amend the Order 2 Class I price to im­ the efficiencies of bulk tank handling. tion thereof, should be conditional on prove alignment of such price with the There is no apparent reason why a the handler’s substantiation, to the sat­ Order 4 Class I price. Proponents alleged bottling plant in northern New Jersey isfaction of the market administrator, that prevailing handling costs over and could not receive all of its needed milk that the deduction in conjunction with above the minimum Order 2 price re­ supplies direct-shipped in bulk tankers the 10-cent pool credit did not exceed sulted in a Class I milk cost to Order 2 from farms in the supply area in the the actual cost of hauling the milk in­ handlers substantially in excess of the identical manner of Order 4 handlers. volved. Under this procedure, handlers cost of Class I milk to handlers regulated Nevertheless, proponents contend that can be compensated up to 20 cents per under Order 4. they can acquire only about 25 percent of- hundredweight for their costs of hauling At the hearing, the principal witness their supply in this manner; the remain­ Class II milk. If subsequent market ex­ on behalf of the proponent handlers and der must be obtained through country perience demonstrates a further problem eight other New Jersey-based Order 2 plants. It is this facet of procurement in this regard, then consideration can handlers modified the proposal to pro­ which is the root of the problem; i.e., be given through public hearing to in­ vide that the Order 2 Class I price be increased costs incurred in country plant creasing the limit of the permissive, when reduced 24 cents but only with respect receiving and transhipment. These costs authorized, deduction. to milk sold in the State of New Jersey. allegedly include; 18 cents hauling from 2. Adjustment of the Class II price In support of the modified proposal, farm to receiving plant, 24 cents hauling level under the other northeastern or­ proponents’ witness introduced certain from receiving plant to processing plant, ders. The proposal of cooperatives in the cost data developed from a survey made 6 cents plant handling, 3 cents admin­ other northeastern markets to modify among 11 Order 2 handlers located istrative assessment, 5 cents premium, 5 the Class n price level under Orders 1, in and doing business in New Jersey. cents service charge and a plus 7 cents 4 (previously 3, 4, and 16), and 15 was Such data purported to show that the location differential. The total costs over conditioned on modification of the Class weighted average cost of Class I milk to and above the 201-210-mile zone farm n price level to Order 2. such Order 2 handlers, for an average of point price, proponents contend, is on the As previously indicated, these coopera­ 68 million pounds of milk, monthly, was average 68 cents, resulting in an actual tives opposed any change in the Class II the Order 2 Class I price in the 201-210- cost to the New Jersey handler, 24 cents price level of Order 2. The amendments mile zone plus $0.68 cents. Thus, pro­ above the f.o.b. market Order 4 price. of that order herein adopted do not ponents contend, New Jersey-based To the extent that the added costs modify the basic Class n price level. Order 2 handlers have an average Class reflect hauling from farm to plant of Notwithstanding the fact that the exist­ I milk cost 24 cents per hundredweight initial receipt, the problem is identical ing Class II prices among the several higher than competing Order 4 handlers with the Class n problem discussed un­ orders previously have been concluded who, they contend, secure their Class der the preceding issue and the appro­ to be appropriately aligned, the trans­ I milk supplies at the f.o.b. market priate solution is the same. To the extent portation credit adjustment is provided Order 4 Class I price without handling that procurement costs involve country in recogntion that Order 2 handlers’ charges. plant operation and transfer costs, the costs for Class n milk were above Proponents’ problem is not related to logical solution is improved efficiency those of handlers in adjacent markets the Class I price alignment as between and reduced costs through direct receipt. because Order 2 handlers generally were Orders 2 and 4, per se, but rather to the An administrative assessment obviously burdened with the cost of transporting differences in handling methods cus­ is applicable under both orders and is a. milk from farm to plant. tomary under the respective orders and necessary handler cost. The remaining

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 PROPOSED RULE MAKING 15931 extra cost items reflect service charges cation of such products. The presiding The Presiding Officer’s ruling has been over and above the minimum order price. officer so ruled and his ruling in this reviewed in light of the arguments pre­ The costs from which proponents seek regard is supported and reaffirmed. sented. This ruling, for the reasons stated relief are not a result of the order prices Handlers generally and one substantial by the Presiding Officer on the record, and appropriately may not be alleviated cooperative excepted to the decision that is hereby affirmed. through an adjustment of the Order 2 no change be made in the classification G eneral F indings Class I price level. The proposal for a of cream for fluid use on the basis of Class I price adjustment must be denied this record. They reemphasized that The findings and determinations here­ Order 2 alone among the northeastern inafter set forth are supplementary and for the reasons stated above. in addition to the findings and deter­ 4. Classification of cream for fluid use. orders provides a Class I classification The New York-New Jersey order should for cream and that this necessarily places minations previously made in connection be amended to provide a Class II classifi­ Order 2 handlers at a disadvantage in with the issuance of the aforesaid orders cation of cream (for fluid use) in lieu competition in overlapping sales areas and of the previously issued amendments with handlers in the adjacent markets. thereto; and all of said previous findings of the Class I classification presently and determinations are hereby ratified provided. While the record fails to demonstrate Cream (except storage, plastic or sour that Order 2 handlers have yet lost and affirmed, except insofar as such find­ cream) is designated a fluid milk prod­ cream route .sales to competing handlers ings and determinations may be in con­ uct under Order 2 and, with respect to from adjacent markets, it is apparent flict with the findings and determinations its disposition in packaged form on that their costs for cream under the set forth herein. routes and to plants, is classified as terms of the order are higher than those (a) The tentative marketing agree­ Class I milk. Cream disposed of in bulk of handlers in adjacent markets because, ment and the order, as hereby proposed to other plants (including an other order of the present Class I classification. to be amended, and all of the terms and plant) is classified in accordance with While this higher cost is not substantial conditions thereof, will tend to effectuate its use as either Class I or Class II milk. since a common butterfat differential is the declared policy of the Act; Seven handlers doing business in the applicable to both Class I and Class II (b) The parity prices of milk as deter­ market jointly proposed the reclassifica­ milk, it is equally true that a change in mined pursuant to section 2 of the Act tion of cream as here adopted. Principal the classification of cream from Class I are not reasonable in view of the price reasons cited in support of their request to Class II will not substantially affect of feeds, available supplies of feeds, and were: (1) Cream is Class II in other the level of producer returns. other economic conditions which affect Northeast markets and, therefore, should A Class II classification for fluid cream market supply and demand for milk in be Class n in Order 2 if price alignment will promote uniformity of regulation the marketing area, and the minimum is to be maintained: (2) there is a de­ among the northeastern Federal orders prices specified in the proposed market­ clining trend in cream utilization in the and thus remove the possibility of com­ ing agreement and the order, as hereby New York Metropolitan District, brought petitive disadvantage due to minimum proposed to be amended, are such prices on in large part by competitive difacul­ order prices. Cream for fluid uses is a as will reflect the aforesaid factors, in­ ties arising from the use of imitation minor portion of present Class I disposi­ sure a sufficient quantity of pure and cream products manufactured from non­ tion in all of the northeastern orders. wholesome milk, and be in the public dairy product substitutes; (3) handler Since a Class H classification is desired interest; and margins relating to the processing and by a major segment of the market, there (c) The tentative marketing agree­ sale of cream for fluid use are too low; is no compelling reason for denying such ment and the order, as hereby proposed and (4) handlers in the néarby Class II classification. Accordingly, the order is to be amended, will regulate the handling cream markets have a competitive ad­ amended to provide a Class H classifica­ of milk in the same manner as, and will vantage over Order 2 handlers in seeking tion for cream for fluid use. The fluid be applicable only to persons in the re­ packaged cream sales outlets among su­ milk product definition of the order has spective classes of industrial and com­ permarket and restaurant chains in been modified to accommodate this mercial activity specified in, a marketing overlapping sales areas. change and necessary corollary changes agreement upon which a hearing has The proposed change in the classifica­ have been made in other provisions of been held. tion of cream was supported by other the order to implement such change in R ulings on Exceptions handlers and was not opposed at the classification. In arriving at the findings and con­ hearing by the cooperatives. However, R ulings on P roposed F indings and clusions, and the regulatory provisions the New York State National Farmers Conclusions of this decision, each of the exceptions Organization, in its posthearing brief, received was carefully and fully con­ opposed any change in the classification Briefs and proposed findings and con­ of cream. clusions were filed on behalf of certain sidered in conjunction with the record interested parties. These briefs, proposed evidence. To the extent that the findings The present classification of cream was and conclusions, and the regulatory pro­ effected with the adoption of the skim findings and conclusions and the evidence in the record were considered in making visions of this decision are at variance milk and butterfat accounting procedure with any of the exceptions, such excep­ on July 1,1968. the findings and conclusions set forth above. To the extent that the suggested tions are hereby overruled for the rea­ The Deputy Administrator in his sons previously stated in this decision. recommended decision concluded that findings and conclusions filed by inter­ ested parties are inconsistent with the Marketing Agreement and Order the evidence introduced .by proponents findings and conclusions set forth herein, in support of a Class n classification was the requests to make such findings or Annexed hereto and made a part here­ not substantially different from that pre­ reach such conclusions are denied for the of are two documents, a Marketing sented on the prior record on which the reasons previously stated in this decision. Agreement regulating the handling of present Class I classification was made. milk, and an Order amending the order Under the circumstances he concluded On the record of the hearing an offer regulating the handling of milk in the that no change should be made in the of proof was made with respect to a rul­ New York-New Jersey marketing area classification of cream on the basis of ing of the Presiding Officer that a cer­ which have been decided upon as the this record. tain proposal and evidence relating detailed and appropriate means of ef­ to so concluding, he pointed out that thereto (concerning the classification of fectuating the foregoing conclusions. half-and-half and other mixtures of certain fluid milk products) were not It is hereby ordered, That this entire cream and milk or skim milk testing within the scope of the hearing and that such proposal and evidence relating decision, except the attached marketing less than 18 percent but above the agreement, be published in the F ederal normal limits of milk are also Class I thereto, therefore, be excluded. R egister. The regulatory provisions of products and to a considerable degree In a post-hearing brief filed jointly on the marketing agreement are identical directly with cream for fluid behalf of sever handlers doing business with those contained in the order as outlets. The proposals at the hearing in the New York-New Jersey market, hereby proposed to be amended by the „ J 10^,. Slt®ciently broad to permit it was requested that consideration be attached order which is published with onsideration of a change in the classifi­ given to a reversal of this ruling. this decision.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15932 PROPOSED RULE MAKING

D etermination of P roducer Approval (3) The said order as hereby amended 5. Section 1002.52 is revised as follows: and R epresentative P eriod regulates the handling of milk in the § 1002.52 Connecticut order differential. February 1970 is hereby determined to same manner as, and is applicable only be the representative period for the pur­ to persons in the respective classes of For skim milk and butterfat which is pose of ascertaining whether the issu­ industrial or commercial activity speci­ classified in Class II under Part 1015 of ance of the order, as amended and as fied in, a marketing agreement upon this chapter and is received in the form hereby proposed to be amended, reg­ which a hearing has been held; of a bulk fluid milk product at a pool ulating the handling of milk in the New Order relative to handling. It is there­ plant and is classified as Class I-A, the York-New Jersey marketing area is ap­ fore ordered that on and after the effec­ handler shall pay a differential equal to proved or favored by producers, as de­ tive date hereof the handling of milk the difference between the Class II price fined under the terms of the order, as in the New York-New Jersey marketing under Part 1015 of this chapter and the amended and as hereby proposed to be area shall be in conformity to and in Class I-A price appropriately adjusted amended, and who, during such repre­ compliance with the terms and condi­ for differentials pursuant to §§ 1002.51 sentative period, were engaged in the tions of the order, as amended, and as 1002.81, and 1002.82(b). production of milk for sale within the hereby amended, as follows: 6. A new § 1002.55 is added as follows: aforesaid marketing area. PART 1002— MILK IN THE NEW YORK- § 1002.55 Transportation credit on bulk NEW JERSEY MARKETING AREA unit pool milk disposed of for Class Signed at Washington, D.C., on Octo­ II use. ber 5,1970. § 1002.12 [Amended] R ichard E. Lyng, For pool milk received by a handler Assistant Secretary. 1. In paragraph (c) (4) of § 1002.12 in a pool or partial pool unit and dis­ Producer-handler, the provision “or posed of for Class II use, a transporta­ Order1 Amending the Order, Regulating cream,” where it appears in the proviso tion credit at the rate of 10 cents per the Handling of Milk in the New is revoked. hundredweight shall be computed. For York-New Jersey Marketing Area 2. Section 1002.15 is revised as follows: this purpose the handler’s bulk unit pool F indings and D eterminations § 1002.15 Fluid milk product. milk shall be assigned to Class II milk in the identical proportion that total The findings and determinations here­ “Fluid milk product” means all skim pool milk in all plants and units of such inafter set forth are supplementary and milk and butterfat in the form of milk, handler is classified as Class II milk. in addition to the findings and determi­ fluid skim milk, filled milk, cultured or nations previously made in connection flavored milk drinks (except eggnog and § 1002.70 [Amended] with the issuance of the aforesaid order yogurt), concentrated fluid milk dis­ 7. Section 1002.70 N et pool obligation and of the previously issued amendments posed of in consumer packages, half and of h a n d lers is amended as follows: thereto; and all of said previous findings half (except sour) and any other mix­ A. The introductory text preceding and determinations are hereby ratified ture of cream, milk or skim milk con­ paragraph (a) is revised as follows: and affirmed, except insofar as such taining less than 18 percent butterfat Each handler’s net pool obligation for findings and déterminationsuhay be in (other than frozen desserts, frozen des­ milk received at each plant and unit shall conflict with the findings and determina­ sert mixes, whipped topping mixtures, be computed separately pursuant to tions set forth herein. evaporated milk, plain or sweetened con­ paragraphs (a) through (d) of this sec­ (a) Findings. A public hearing wasdensed milk or skim milk, sterilized milk tion and then combined into one total held upon certain proposed amendments or milk products in hermetically sealed to be adjusted by any credit applicable to the tentative marketing agreements containers, and any product which con­ pursuant to paragraph (e) of this-section and to the orders regulating the han­ tains 6 percent or more nonmilk fat (or to determine the handler’s total net pool dling of milk in the Massachusetts- oil)): Provided, That when any fluid obligation. Rhode Island-New Hampshire, New milk product is fortified with nonfat milk B. In paragraph (d), subparagraph York-New Jersey, Washington, D.C., solids the amount of skim milk to be (6) is revoked and subparagraph (5) is Delaware Valley, Connecticut, and Upper included within this definition shall be revised as follows: Chesapeake Bay marketing areas. The only that amount equal to the weight (5) Multiply the Connecticut order hearing was held pursuant to the provi­ of skim milk in an equal volume of an price differential by the pounds of skim sions of the Agricultural Marketing unmodified product of the same nature milk and butterfat in bulk receipts of Agreement Act of 1937, as amended (7 and butter fat content. fluid milk products which have been U.S.C. 601 et seq.), and the applicable priced and pooled under Part 1015 of rules of practice and procedure (7 CFR § 1002.41 [Amended] this chapter and subtracted from Class Part 900). 3. Section 1002.41 Classes of utiliza­ I-A milk pursuant to § 1002.45(a) (12) Upon the basis of the evidence intro­ tion is amended by revoking subpara­ and the corresponding step of § 1002.45 duced at such hearing and the record graph (3) of paragraph (c). The desig­ (b). thereof, it is found that: nation subparagraph “(3)” is reserved C. A new paragraph (e) is added as (1) The New York-New Jersey order for future assignment. as hereby amended, and all of the terms follows: and conditions thereof, will tend to ef­ § 1002.45 [Amended] (e) Deduct any credit applicable pur­ fectuate the declared policy of the Act; 4. Section 1002.45 Allocation■ of skim suant to § 1002.55. (2) The parity prices of milk, as de­ milk and butterfat classified is amended 8. In § 1002.80, the introductory text termined pursuant to section 2 of the as follows: preceding paragraph (a) is revised as Act, are not reasonable in view of the A. Paragraph (a) (2) is revised as follows: price of feeds, available supplies of feeds, follows: § 1002.80 Time and rale of payment. and other economic conditions which (2) Subtract from the remaining affect market supply and demand for On or before the 25th day of each pounds of skim milk in Class I-A milk month each handler shall make payment, milk in the said marketing area, and the the pounds of skim milk in packaged minimum prices specified in the order pursuant to paragraphs (a), (b), (c), and fluid milk products received from other (d) of this section, to each producer for as hereby amended, are such prices as order plants; will reflect the aforesaid factors, insure all pool milk delivered by such producer a sufficient quantity of pure and whole­ B. Paragraph (a) (9) is revised as during the preceding month at not less some milk, and be in the public interest; follows: than the uniform price, subject to appro­ (9) Subtract from the remaining priate differentials set forth in §§ 1002.81 pounds of skim milk in Class II milk the and 1002.82. For milk received in a bulk 1 This order shall not become effective un­ less and until the requirements of § 900.14 pounds of skim milk in receipts of bulk tank unit, there may be deducted, as of the rules of practice and procedure gov­ fluid milk products pooled and priced proper and as authorized in writing by erning proceedings to formulate marketing under Part 1015 of this chapter which the producer, or by a cooperative asso- agreements and marketing orders have been are not in excess of the pounds of skim ciation authorized to act on behalf oi met. milk remaining in such class; such producer, a tank truck service

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 PROPOSED RULE MAKING 15933

(transportation) charge up to 10 cents suant to the applicable State workmen’s (f) “Coal mine” means an area of per hundredweight, in no event to ex­ compensation law, except that during land and all structures, facilities, ma­ ceed in the case of Class n milk on which any period when miners or their surviv­ chinery, tools, equipment, rhafts, slopes, a transportation credit is applicable ing widows are not covered by a State tunnels, excavations, and other property, pursuant to § 1002.55, actual transporta­ workmen’s compensation law which pro­ real or personal, placed upon, under, or tion costs in excess of 10 cents and other­ vides adequate coverage for pneumo­ above the surface of such land by any wise actual transportation costs, in either coniosis they shall be entitled to claim person, used in, or to be used in, or re­ circumstance only to the extent trans­ benefits under the Act. Section 421(b) (1> sulting from, the work of extracting in portation was actually provided by the provides that a State workmen’s com­ such area bituminous coal, lignite, or handler or at his expense. Any such de­ pensation law shall not be deemed to anthracite from its natural deposits in duction with respect to bulk tank milk provide adequate coverage for pneumo­ the earth by any means or method, and must be made by the handler not later coniosis during any period unless it is the work of preparing the coal so ex­ than the date on which the producer is included in the list of State laws found tracted, and includes custom coal prep­ required to be paid for the milk in­ by the Secretary of Labor to provide ade­ aration facilities. volved. If authorization for such deduc­ quate coverage for pneumoconiosis dur­ (g) “Underground coal mine” means tion is canceled by the producer or by ing such period. Section 421(b) (2) pro­ a coal mine in which the earth and other the cooperative by notifying the handler vides that the Secretary of Labor shall materials which lie above the natural de­ in writing, such cancellation shall be include a State workmen’s compensa­ posit of coal (overburden) is not removed effective on the first day of the month tion law in such list during any period in mining, including the natural de­ following its receipt by the handler. only if he finds that during such period posits of coal in the earth and all lands, * * * * * there are in effect under such law cer­ buildings, and equipment appurtenant [P.R. Doc. 70-13545; Piled, Oct. 8, 1970; tain provisions specified in the Act, and thereto; 8:47 a.m.] other provisions as may be prescribed (h) “The Nation’s underground coal by the Secretary of Labor. mines” means all underground coal (b) The purpose of this part is to set mines as defined in paragraph (g) of this forth the criteria which the Secretary section, located in a State as defined in DEPARTMENT OF LABOR of Labor and his delegates will use in paragraph (k) of this section; determining whether a State workmen’s (i) “Employee” means every person, Bureau of Labor Standards compensation law will be included in the including a minor, whether lawfully or [ 29 CFR Part 1520 1 list of State workmen’s compensation unlawfully employed, in the service of laws which provide adequate coverage an employer under any contract of hire CRITERIA FOR DETERMINING WHETH­ for pneumoconiosis during any period. or apprenticeship, express or implied, ER STATE WORKMEN’S COMPEN­ § 1520.2 Definitions. and any helper or assistant of an em­ SATION LAWS PROVIDE ADEQUATE ployee whether paid by the employer or For purposes of this part, except where COVERAGE FOR PNEUMOCONIO­ employee, if employed with the knowl­ the context clearly indicates otherwise: edge, actual or constructive, of the em­ SIS (a) “Act” means the Federal Coal ployer; Notice of Proposed Rule Making Mine Health and Safety Act of 1969 (83 (j) “Pneumoconiosis” means a chronic Stat. 742); dust disease of the lung arising out of Pursuant to authority contained in (b) “Benefit” means benefits for death employment in the Nation’s underground Part C of Title IV of the Federal Coal or total disability of a miner, due to coal mines, and includes anthracosis, Mine Health and Safety Act of 1969 (83 pneumoconiosis; silicosis, or anthracosilicosis arising out Stat. 795), it is proposed to amend 29 (c) “Miner” or “coal miner” means of such employment; CFR Chapter XIII by adding thereto a any individual who is working or has (k) “State” includes a State of the new Part 1520, to read as set forth below. worked as an employee in an under­ United States, the District of Columbia, Interested persons are invited to sub­ ground coal mine, whether he works un­ the Commonwealth of Puerto Rico, the mit written data, views, or arguments der the surface performing functions in Virgin Islands, American Samoa, Guam, concerning the proposed regulation to extracting the coal or above the sur­ and the Trust Territory of the Pacific the Bureau of Labor Standards, U.S. De­ face at the mine preparing the coal so Islands; partment of Labor, Washington, D.C. extracted; (l) “State agency” means the agency 20210, within 30 days after the publica­ (d) “Widow” means the wife living or officer designated by the workmen’s tion of this notice in the F ederal R egis­ with or dependent for support on the ter. compensation law of a State to admin­ decedent at the time of his death, or ister such law; The proposed Part 1520 reads as fol­ living apart for reasonable cause or be­ lows: (m) “Workmen’s compensation law” cause of his desertion, who has not means a law providing for payment of PART 1520— CRITERIA FOR DETER­ remarried; compensation by employers to employees (e) “Dependent” means— MINING WHETHER STATE WORK­ and their dependents for injury, occu­ Cl) A wife, if— pational disease, or death, suffered in MEN’S COMPENSATION LAWS (1) She is a member of the same connection with employment. PROVIDE ADEQUATE COVERAGE household as the employee; or (n) The definitions contained in this FOR PNEUMOCONIOSIS (ii) She is receiving regular contri­ section shall not be considered to der­ Sec. butions from the employee for her ogate from the terms of the Coal Mine 1520.1 Purpose and scope. support; or Health and Safety Act of 1969. 1520.2 Definitions. (iii) The employee has been ordered 1520.3 Provisions of State workmen’s com­ by a court to contribute to her support; § 1520.3 Provisions of State workmen’s pensation laws necessary to pro­ and compensation laws necessary to pro­ vide adequate coverage for pneu­ (2) An unmarried child, while living vide adequate coverage for pneumo­ moconiosis. with the employee or receiving regular coniosis. 1 ^onTTHORIJ Y : The Provisions of this Pari contributions from the employee toward The Secretary of Labor will find that 798 1SSUed under se«s. 421, 426, 83 Stat. 795 his support, and who is— a State workmen’s compensation law (i) Under 18 years of age; or provides adequate coverage for pneumo­ § 1520.1 Purpose and scope. (ii) Over 18 years of age and incap­ coniosis during any period, and will in­ able of self-support because of physical clude the State law in the list of State ®ection 421(a) of the F or mental disability; or workmen’s compensation laws found to lqfiQ ^ooe+ ? ealth and Safety i (iii) If he is a student as defined by 5 provide such coverage, only if he finds after (8t3 Stat> 795) Provides that c U.S.C. 8101 (and as applied in 20 CFR that during such period under such law: benefnia-pnUaIy l ’ i m > any clai: 1.14(c)) at the time he reaches 18 years (a) Benefits are paid for total disa­ to nnS,mr d6ath or total disabili’ of age, for so long as he continues to be bility or death of a miner, due to pneu­ Pneumoconiosis shall be filed such a student; moconiosis, in a cash amount equal to,

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15934 PROPOSED RULE MAKING

or greater than, the amount of benefits of Health, Education, and Welfare pro­ with respect to total disability or death prescribed by section 412(a) of the Act. mulgated thereunder (see 35 F.R. 5623); due to pneumoconiosis; Thus: (g) A claim for benefits on account of (5) Requiring the posting by the em­ (1) In the case of total disability of a total disability or death of a miner, due ployer of conspicuous notices showing miner, due to pneumoconiosis, the dis­ to pneumoconiosis, is deemed to be timely compliance with the provisions of the abled miner must be paid benefits during filed if such claim is filed within 3 law; and the period of the disability at a rate years of the discovery of the total dis­ (6) Requiring that, coal mine em­ equal to or greater than 50 percent of the ability or the date of such death, as the ployees with pneumoconiosis be offered minimum monthly payment to which a case may be; vocational rehabilitation in all cases, Federal employee in Grade GS-2, who is (h) A coal mine operator who has ac­ where it is feasible; totally disabled, is entitled at the time of quired such mine, or substantially all of (l) In any proceeding for the enforce­ payment under 5 U.S.C. Chapter 81; the assets thereof, from a person (prior ment of a claim for compensation under (2) In the case of death of a miner, operator) who was an operator of such the law, it is presumed, in the absence due to pneumoconiosis, or of a miner re­ mine on or after December 30, 1969, is of substantial evidence to the contrary, ceiving benefits under the Act, benefits liable for, and must secure the payment that the claim comes within the provi­ must be paid to his widow, if any, at least of, all benefits which would have been sions of the law; and at the rate the diseased miner would re­ payable by that person with respect to (m) If a proper court determines that ceive such benefits if he were totally miners previously employed in such mine proceedings in respect of a claim for com­ disabled; if the acquisition had not occurred and pensation or a compensation order have (3) If, in a case described in subpara­ that person had continued to operate been instituted or continued without rea­ graphs (1) or (2) of this paragraph, the such mine; and that person is not re­ sonable grounds, the costs of the proceed­ individual entitled to benefit payments lieved of any liability under the law; ings must be assessed against the party has one or more dependents, the benefit (i) If compensation liability may be who has instituted or continued the payments must be increased at least at discharged by payment of a lump sum, proceedings. the rate of 50 percent of such benefit pay­ such discharge is subject to the follow­ Signed at Washington, D.C., this 30th ments, if the individual has only one ing conditions: day of September 1970. dependent, 75 percent if the individual (1) The lump sum is equal to or has only two dependents, and 100 percent greater than, the present value of future J. D. Hodgson, if the individual has three or more compensation payments otherwise pay­ Secretary of Labor. dependents; able under the law, computed at no more {F.R. Doc. 70-13548; Filed, Oct. 8, 1970; (b) There are in effect provisions for than 4 percent true discount compounded 8:48 a.m.] the appointment, for any person who is annually. The probabilities of the death mentally incompetent, of a guardian, of a disabled worker or of the remarriage conservator, or similar representative to of a widow must be determined in ac­ receive compensation payable to such cordance with the American Experience DEPARTMENT OF HEALTH, person under the law; Tables of Mortality and the Remarriage (c) Payment of benefits is required to Tables of the Dutch Royal Insurance In­ EDUCATION, AND WELFARE be made periodically, promptly, and di­ stitution respectively; and Food and Drug Administration rectly to the person entitled thereto, (2) The lump sum settlement is ap­ unless controverted, and penalties are proved by the State agency on the basis E 21 CFR Part 3 1 provided for failure to pay compensation of a finding that the settlement is in PRODUCTS SUBJECT TO FEDERAL with or without an award within 15 days the interests of the claimant; after it becomes due; (j) Any agreement by an employee to FOOD, DRUG, AND COSMETIC ACT (d) In any case in which payments of pay any portion of the workmen’s com­ AND FEDERAL INSECTICIDE, FUNGI­ benefits are being made without an pensation insurance premium to be paid CIDE, AND RODENTICIDE ACT award, and in any case where the right by his employer to an insurer, or to con­ tribute to a fund maintained for the pur­ Extension of Time for Filing Comments to compensation is controverted or pay­ on Proposed Statement of Policy ments of compensation have been stopped pose of providing compensation or other or suspended, the State agency is re­ benefits required by the law, or to waive and Interpretation quired to make such investigations, to his right to compensation and other The notice published in the F e d e r a l cause such medical examinations to be benefits is prohibited and declared R egister of August 5, 1970 (35 F.R. made, to hold such hearings, and to take invalid; 12479), proposing § 3.79 Products sub­ such further actions as will adequately (k) Provisions are made for such ject to the Federal Food, Drug, and protect the rights of all parties methods of administration as are found Cosmetic Act and the Federal Insecticide, concerned: by the Secretary of Labor, or his des­ Fungicide and Rodenticide Act (and (e) (1) Any assignment or release of ignee, to be reasonably calculated to the same section as 7 CFR 362.150) pro­ compensation or benefits due and pay­ insure full payment of compensation vided for the filing of comments within able under the law is prohibited and when due, including provisions— 30 days after said publication date. (l) For the administration of the law The Commissioner of Food and Drugs declared invalid; by a State agency, with powers to make (2) Such compensation or benefits are has received a request to extend such or cause to be made all necessary inves­ time and, good reason therefor appearing exempt from all claims of creditors and tigations, inquiries, and examinations, from levy, execution, attachment, gar­ and Administrator of the Agricultural and to conduct hearings, in connection Research Service (USDA) concurring, nishment, or any other remedy for recov­ with claims for compensation for death ery or collection of a debt, which exemp­ the time for filing comments regarding or total disability due to pneumoconiosis; the subject proposal is extended to Oc­ tion may not be waived; and (2) Affording an opportunity for a (3) Any person entitled to compensa­ tober 4,1970. fair hearing for all individuals whose This action is taken pursuant to pro­ tion has a lien against the assets of the claims for such compensation are denied, insurer or employer for such compensa­ visions of the Federal Food, Drug, and and opportunity for judicial review of Cosmetic Act (21 U.S.C. 355, 357, 360b, tion, and, upon insolvency, bankruptcy, final administrative decisions on such 371(a)) and the Federal Insecticide, or reorganization in bankruptcy, of the claims; Fungicide, Rodenticide Act (7 U.S.C. insurer or employer, or both, is entitled (3) Requiring the State agency and to preference and priority in the distri­ 135-135k) and pursuant to authority State courts to regulate fees for legal delegated under said statutes. bution of the assets of the insurer or em­ services rendered to a claimant in con­ ployer, or both; nection with such a claim; Dated: September 28,1970. (f) The standards for determining (4) Requiring the substitution of the S am D. F ine, death or total disability due to pneumo­ insurer for any coal mine operator who Associate Commissioner coniosis are substantially equivalent to is not a self-insurer in order that liability for Compliance. those established by section 411 of the for compensation be discharged, and [F.R. Doc. 70-13517; Filed, Oct. 8, 1970; Act, and by regulations of the Secretary regulating the cancellation of insurance 8:45 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 PROPOSED RULE MAKING 15935 a.m., 7:15 a.m. to 8 a.m. and 3:15 p.m. Aviation Administration officials may be DEPARTMENT OF THE TREASURY to 4:15 p.m., Monday through Friday, made by contacting the Regional Air excluding national holidays. At all other Traffic Division Chief. Any data, views, Internal Revenue Service times the draw shall be opened promptly or arguments presented during such on signal. conferences must also be submitted in [ 26 CFR Part 1 1 3. Interested persons may participate writing in accordance with this notice in BONDS AND OTHER EVIDENCES OF in this proposed rule making by submit­ order to become part of the record for INDEBTEDNESS ting written data, views, arguments, or consideration. The proposal contained in comments as they may desire on or be­ this notice may be changed in the light Notice of Proposed Rule Making fore November 13, 1970. All submissions of comments received. should be made in writing to the Com­ A public docket will be available for The proposed amendment to the reg­ mander, Eighth Coast Guard District, examination by interested persons in the ulations under section 1232 of the Inter­ Customshouse, New Orleans, La. 70130. office of the Regional Counsel, Federal nal Revenue Code of 1954, relating to 4. It is requested that each submission Aviation Administration, 5651 West Man­ bonds and other evidences of indebted­ state the subject to which it is directed, chester Avenue, Los Angeles, Calif. 90045. ness, was published in the F ederal the specific wording recommended, the Two new VOR instrument approach Register of August 25,1970. reason for any recommended change, procedures for Felts Field have been pro­ A public hearing on the provisions of and the name, address, and firm or orga­ posed from the northeast and southwest this proposed amendment to the regu­ nization, if any, of the person making both utilizing the 060° T (039° M) radial lations will be held on Monday, Octo­ the submission. of the Spokane VORTAC. The applica­ ber 26, 1970, at 9:30 a.m., in Room 3313, 5. Each communication received tion of the criteria contained in the U.S. Internal Revenue Building, 1111 Consti­ within the time specified will be fully Standard for Terminal Instrument Pro­ tution Avenue NW., Washington, D.C. considered and evaluated before final ac­ cedures (TERPS) to these and the cur­ Persons Who plan to attend the hear­ tion is taken on the proposal in this rent NDB (ADF) -1 instrument approach ing are requested to notify the Commis­ document. This proposal may be changed procedure has revealed the requirement sioner of Internal Revenue, Attention: in light of the comments received. Copies for designation of additional control zone CC:LR:T, Washington, D.C. 20224, by of all written communications received and 700-foot transition area. The control October 22, 1970. Notification of inten­ will be available for examination by in­ zone will provide controlled airspace pro­ tion to attend or comment at the hear­ terested persons at the office of the Com­ tection for aircraft executing the pre­ ing may be given by telephone, 202-964- mander, Eighth Coast Guard District. scribed instrument procedures while 3935. operating below 1,000 feet above the sur­ J ames F. D ring, 6. After the time set for the submis­ sion of comments by the interested par­ face. The 700-foot transition area will Director, Legislation and be processed as an amendment to the Regulations Division. ties, the Commander, Eighth Coast Guard District will forward the record, Spokane, Wash., transition area under [F.R. Doc. 70-13713; Filed, Oct. 8, 1970; including all written submissions and his Airspace Docket 70-WE-75. 10:58 a.m.] recommendations with respect to the In consideration of the foregoing, the proposals and the submissions, to the FAA proposes the following airspace Commandant, U.S. Coast Guard, Wash­ action. DEPARTMENT OF ington, D.C. The Commandant will In § 71.171 (35 F.R. 2054) the descrip­ thereafter make a final determination tion of the Spokane, Wash. (Felts Field), with respect to these proposals. control zone is amended to read as TRANSPORTATION follows: Dated: September 30,1970. Coast Guard S po k a n e, W a sh . (F elts F ield ) C. R. B ender, E 33 CFR Part 117 ] That airspace within a 5-mile radius of Admiral, U.S. Coast Guard, Felts Field (latitude 47°41'00" N., longitude ESCATAWPA RIVER, MISSISSIPPI Commandant. 117°19'20" W.); within 2 miles northwest [F.R. Doc. 70-13555; Filed, Oct. 8, 1970; and 4.5 miles southeast of the Spokane [CGFR 70-123] 8:48 a.m.] VORTAC 060° radial, extending from the 5-mile radius zone to 11 miles northeast of Proposed Drawbridge Operation the VORTAC, and within 2 miles each side Regulations Federal Aviation Administration of the 086° hearing from the Fort LOM, ex­ 1. The Commandant, U.S. Coast tending from the 5-mile radius zone to the [ 14 CFR Part 71 ] LOM, excluding the portion within the Guard is considering a request by the Spokane, Wash. (International) control City of Moss Point in Jackson County, [Airspace Docket No. 70-WE-68] Miss., to establish special operation reg­ zone. ulations for the Mississippi State High­ CONTROL ZONE This amendment is proposed under the way Department Route 63 bridge across Proposed Alteration authority of section 307(a), of the Fed­ Escatawpa River, mile 1.0. Present regu­ eral Aviation Act of 1958, as amended lations governing this bridge require that Tb£ Federal Aviation Administration (49 U.S.C. 1348(a)), and of section 6(c), the draw be opened promptly on signal. is considering an amendment to Part 71 of the Department of Transportation Act The proposed regulations would permit of the Federal Aviation Regulations that (49 U.S.C. 1655(c)). the draw to remain closed to navigation - would alter the description of the Spo­ Issued in Los Angeles, Calif., on Sep­ from 6:15 a.m. to 6:45 a.m„ 7:45 a.m. to kane, Wash. (Felts Field), control zone. tember 28, 1970. 8 a.m. and 3:15 p.m. to 4:15 p.m., Mon­ Interested persons may participate in Lee E. Warren, day through Friday, excluding national the proposed rulemaking by submitting Acting Director, Western Region. such written data, views, or arguments holidays. The draw would be required to [F.R. Doc. 70-13539; Filed, Oct. 8, 1970; open on signal at all other times. Author­ as they may desire. Communications 8:47 a.m.] ity for this action is set forth in section should be submitted in triplicate to the ”> 28 Stat. 362, as amended (33 U.S.C. Chief, Airspace and Program Standards f itl_sec^i°n (2) of the Department Branch, Federal Aviation Administra­ [ 14 CFR Part 71 ] or Transportation Act (49 U.S.C, 1655 tion, 5651 West Manchester Avenue, [Airspace Docket No. 70-CE-92]

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15936 PROPOSED RULE MAKING

Interested persons may participate in [ 14 CFR Part 71 1 the 5-mile radius zone to 7% miles west of the proposed rule making by submitting the airport; and within 3 miles each side such written data, views, or arguments [Airspace Docket No. 70-CE-88] of the Iron Mountain VORTAC 004° radial, extending from the 5-mile radius zone to as they may desire. Communications CONTROL ZONE AND TRANSITION 7% miles north of the VORTAC. This control should be submitted in triplicate to the AREA zone is eifective during the specific dates Director, Central Region, Attention: and times established in advance by a Notice Chief, Air Traffic Division, Federal Avia­ Proposed Alteration to Airmen. The effective date and time will tion Administration, Federal Building, thereafter be continuously published in the The Federal Aviation Administration Airman’s Information Manual. 601 East 12th Street, Kansas City, Mo. is considering amending Part 71 of the 64106. All communications received Federal Aviation Regulations so as to (2) In §71.181 (35 F.R. 2134), the within 45 days after publication of this alter the control zone and transition following transition area is amended to notice in the F ederal R egister will be area at Iron Mountain, Mich. read: considered before action is taken on the I ron M o u n ta in , Mic h . proposed amendment. No public hear­ Interested persons may participate in the proposed rule making by submitting That airspace extending upward from 700 ing is contemplated at this time, but ar­ such written data, views, or arguments feet above the surface within a 13-mile rangements for informal conferences as they may desire. Communications radius of Iron Mountain VORTAC; with 4% with Federal Aviation Administration should be submitted in triplicate to the miles west and 9 % miles east of the Iron officials may be made by contacting the Director, Central Region. Attention: Mountain VORTAC 193° radial, extending Regional Air Traffic Division Chief. Any from the 13-mile radius area to 18% miles data, views or arguments presented dur­ Chief, Air Traffic Division, Federal Avia­ south of the VORTAC; within 4% miles west ing such conferences must also be sub­ tion Administration, Federal Building, and 9 % miles east of the 182° bearing from 601 East 12th Street, Kansas City, Mo. Ford Airport (latitude 45°48'55" N., longi­ mitted in writing in accordance with this 64106. _*A11 communications received tude 88006'55'' W.) extending from the 13- notice in order to become part of the mile radius area to 18% miles south of the record for consideration. The proposal within 45 days after publication of this notice in the F ederal R egister will be airport; and within 4% miles north and 9% contained in this notice may be changed considered before action is taken on the miles south of the 276° bearing from Ford in the light of comments received. proposed amendments. No public hear­ Airport, extending from the 13-mile radius A public docket will be available for area to 18% miles west of the airport; and ing is contemplated at this time, but ar­ that airspace extending upward from 1,200 examination by interested persons in the rangements for informal conferences feet above the surface within a 15%-mile Office of the Regional Counsel, Federal with Federal Aviation Administration of­ radius of the Iron Mountain VORTAC; with­ Aviation Administration, Federal Build­ ficials may be made by contacting the in 4% miles southwest and 9% miles north­ ing, 601 East 12th Street, Kansas City, Regional Air Traffic Division Chief. Any east of the Iron Mountain VORTAC 141° Mo. 64106. data, views, or arguments presented dur­ radial; extending from the VORTAC to 18% A new public use instrument approach miles southeast of the VORTAC; and within ing such conferences must also be sub­ 4% miles east and 9% miles west of the procedure has been developed for the mitted in writing in accordance with this Iron Mountain VORTAC 004° radial, extend­ Kennett, Mo., Memorial Airport utiliz­ notice in order to become part of the ing from the VORTAC to 18% miles north ing the Blytheville, Ark., VOR and record for consideration. The proposals of the VORTAC, excluding the portion which Blytheville Approach Control Radar as contained in this notice may be changed overlies the Marquette, Mich., 1,200-foot navigational aids. Consequently, it is in the light of comments received. transition area. necessary to provide controlled airspace A public docket will be available for These amendments are proposed under protection for aircraft executing this examination by interested persons in the the authority of section 307(a) of the new approach procedure by designating Office of the Regional Counsel, Federal Federal Aviation Act of 1958 (49 U.S.C. a 700-foot floor transition area at Ken­ Aviation Administration, Federal Build­ 1348), and of section 6(c) of the Depart­ nett, Mo. The new procedure will become ing, 601 East 12th Street, Kansas City, ment of Transportation Act (49 U.S.C. effective concurrently with the designa­ Mo. 64106. tion of the transition area. IFR air traffic Since designation of controlled air­ 1655(c)). at this location will be controlled by the space at Iron Mountain, Mich., a new Issued in Kansas City, Mo., on Sep­ Memphis Air Route Traffic Control Cen­ instrument approach procedure has been tember 4,1970. ter and Blytheville Approach Control. developed for the Ford Airport. This D aniel E. Barrow, In consideration of the foregoing, the procedure will become effective concur­ Acting Director, Central Region. Federal Aviation Administration pro­ rently with the designation of additional [F.R. Doc. 70-13541; Filed, Oct. 8, 1970; poses to amend Part 71 of the Federal controlled airspace and the commission­ 8:47 a.m.] Aviation Regulations as hereinafter set ing of the Iron Mountain VORTAC. Ac­ forth: cordingly, it is necessary to alter the Iron In § 71.181 (35 F.R. 2134), the follow­ Mountain, Mich., control zone and tran­ [ 14 CFR Part 71 1 ing transition area is added: sition area to adequately protect aircraft [Airspace Docket No. 70-SO-75] executing the new approach procedure. K e n n e t t , Mo . In consideration of the foregoing, the CONTROL ZONE AND TRANSITION The airspace extending upward from 700 Federal Aviation Administration pro­ AREAS feet above the surface within a 5-mile radius poses to amend Part 71 of the Federal of the Kennett Memorial Airport (latitude Aviation Regulations as hereinafter set Proposed Alteration 36°14'00" N., longitude 90<102'00" W .); forth: and within 2 miles each side of the 346° The Federal Aviation Administration radial of the Blytheville VOR extending from (1) In § 71.171 (35 F.R. 2054), the fol­ is considering an amendment to Part 71 the 5-mile radius area to 13 % miles north lowing control zone is amended to read: of the Federal Aviation Regulations that of the VOR. I ron M o u n ta in , M ic h . would alter the Valdosta, Ga. (Moody AFB and Valdosta Municipal Airport), This amendment is proposed under the Within a 5-mile radius of Ford Airport (latitude 45°48'55" N., longitude 88°06'55" control zones and the Valdosta, Ga. authority of section 307(a) of the Fed­ W.); within 2% miles each side of the Iron (Moody AFB and Valdosta), transition eral Aviation Act of 1958 (49 U.S.C. 1348), Mountan VORTAC 141° radial extending areas. and of section 6(c) of the Department of from the 5-mile radius zone to 6% miles Interested persons may submit such Transportation Act (49 U.S.C. 1655(c)). southeast of the VORTAC, within 3 miles written data, views, or arguments as each side of the Iron Mountain VORTAC they may desire. Communications should Issued in Kansas City, Mo., on Septem­ 193° radial, extending from the 5-mile radius zone to 8 miles south of the VORTAC; within be submitted in triplicate to the Fed­ ber 4, 1970. eral Aviation Administration, Southern D aniel E. B arrow, 3 miles each side of the 182° bearing from Acting Director, Central Region. Ford Airport, extending from the 5-mile Region, Air Traffic Division, Post Of­ radius zone to 7(4 miles south of the air­ fice Box 20636, Atlanta, Ga. 30320. [FJR. Doc. 70-13540; Filed, Oct. 8, 1970; port; within 3 miles each side of the 276° 8:47 a.m.] bearing from Ford Airport extending from All communications received within

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 PROPOSED RULE MAKING 15937 30 days after publication of this no­ b. Reduce the extension predicated on tion at the office of the Regional Air tice in the F ederal R egister will be Moody TACAN 180° radial 1 mile in Traffic Division Chief. considered before final action is taken width and 5 miles in length. As part of this proposal relates to the on the proposed amendment. No hear­ 2. Valdosta Municipal Airport: navigable airspace outside the United ing is contemplated at this time, but Revoke the extension predicated on States, this notice is submitted in con­ arrangements for informal conferences Valdosta VOR 007° radial. sonance with the ICAO International with Federal Aviation Administration T ransition Areas Standards and Recommended Practices. officials may be made by contacting Applicability of International Stand­ the Chief, Airspace and Procedures 1. Moody AFB: ards and Recommended Practices, by Branch. Any data, views, or ar­ a. Increase .the basic radius circle pred­ the Air Traffic Service, FAA, in areas out­ guments presented during such confer­ icated on the Moody AFB from 7 to side domestic airspace of the United ences must also be submitted in writing 8.5 miles. States is governed by Article 12 of and in accordance with this notice in order to b. Increase the extension predicated Annex 11 to the Convention on Interna­ become part of the record for considera­ on the Moody ILS localizer N course 2 tional Civil Aviation, which pertain to tion. The proposal contained in this no­ miles in width and 3.5 miles in length- the establishment of air navigation fa­ tice may be changed in the light of com­ c. Revoke the extension predicated on cilities and services necessary to promot­ ments received. the Moody VOR 180° radial. ing the safe, orderly and expeditious The official docket will be available d. Designate an extension predicated flow of civil air traffic. Their purpose is for examination by interested persons at on the Moody VOR 007° radial 6 miles in to insure that civil flying on interna­ the Federal Aviation Administration, width and 12.5 miles in length. tional air routes is carried out under uni­ Southern Region, Room 724, 3400 Whip­ 2. Valdosta: form conditions designed to improve the ple Street, East Point, Ga. a. Revoke the transition area. safety and efficiency of air operations. The following control zones described b. Designate an 8.5-mile basic radius The International Standards and Rec­ in § 71.171 (35 F.R. 2054) would be re­ circle predicated on the Valdosta Munic­ ommended Practices in Annex II apply designated as: ipal Airport. The proposed alterations are required in those parts of the airspace under the Valdosta, G a. (M oody APB) to provide controlled airspace protection jurisdiction of a contracting State, de­ Within a 5-mile radius of Moody APB for IFR operations in the Valdosta ter­ rived from ICAO, wherein air traffic (lat. 30°58'01" N., long. 83*11 '27” W.); minal area. services are provided and also whenever within 1.5 miles each side of Moody TACAN This amendment Is proposed under a contracting State accepts the responsi­ 180* radial, extending from the 5-mile the authority of section 307(a) of the bility of providing air traffic services radius zone to 4.5 miles south of the TACAN. over high seas or in airspace of unde­ This control zone is effective during the spe­ Federal Aviation Act of 1958 (49 U.S.C. termined sovereignty. A contracting cific dates and times established in advance 1348(a)) and of section 6(c) of the De­ State accepting such responsibility may by a Notice to Airmen. The effective date partment of Transportation Act (49 and time will, thereafter be continuously U.S.C. 1655(c)). apply the International Standards and published in the Airman’s Information Recommended Practices to civil aircraft Manual. Issued in East Point, Ga., on October in a manner consistent with that adopted 1, 1970. for airspace under its domestic Valdosta, Ga. (Valdosta Mu n icipa l Airport) G ordon A. Williams, Jr., jurisdiction. Within a 5-mile radius of Valdosta Munic­ Acting Director, Southern Region. In accordance with Article 3 of the ipal Airport (lat. 30*46'58” N., long. [F.R. Doc. 70-13543; Filed, Oct. 8, 1970; Convention on International Civil Avia­ 83°16'44' W.). 8:47 a.m.] tion, Chicago, 1944, State aircraft are The following transition areas de­ exempt from the provisions of Annex 11 scribed in § 71.181 (35 F.R. 2134) would and its Standards and Recommended be redesignated as: t 14 CFR Part 71 1 Practices. As a contracting State, the Valdosta, Ga. (M oody APB) [Airspace Docket No. 70-SO-51] United States agreed by Article 3(d) that its State aircraft will be operated in That airspace extending upward from 700 CONTROL ZONE international airspace with due regard feet above the surface within an 8.5-mile for the safety of civil aircraft. radius of Moody APB (lat. 30*58'01'' N., Proposed Alteration long. 83°11'27'' W.); within 3 miles each Since this action involves, in part, the side of Moody APB ILS localizer north The Federal Aviation Administration designation of navigable airspace outside course, extending from the 8.5-mile radius (FAA) is considering an amendment to the United States, the Administrator has area to 8.5 miles north of the OM; within 3 Part 71 of the Federal Aviation Regula­ consulted with the Secretary of State miles each side of Moody VOR 007* radial, ex­ tions that would alter the Roosevelt and the Secretary of Defense in accord­ tending from the 8.5-mile radius area to 12.5 Roads, P.R., control zone. ance with the provisions of Executive miles north of the VOR. This transition area Interested persons may participate in Order 10854. is effective during the specific dates and the proposed rule making by submitting times established in advance by a Notice such written data, views, or arguments The FAA proposes to redesignate the thfxti^f+en'v.The effective and time will Roosevelt Roads control zone as follows: - TbS continuously published in the as they may desire. Communications Airmans Information Manual. should identify the airspace docket num­ Within a 5-mile radius of NS Roosevelt ber and be submitted in triplicate to the Roads (lat. 18°15'05" N., long. 65°38'35" Valdosta, Ga. (Valdosta Municipa l Airport) W.); within 3 miles each side of the 054* Director, Southern Region, Attention: bearing from Roosevelt Roads RBN, extend­ ieSha w f P+tCe extendlng upward" from 700 Chief, Air Traffic Division, Federal Avia­ ing from the 5-mile radius zone to 8.5 miles radin«b0I eTTthe surface within an 8.5-mile tion Administration, Post Office Box northeast of the RBN; within 1.5 miles each 30^46*58"«u 4b 58 N N., aid°Sto long. 83*16'44" MuniciPal W.). Airport (lat. 20636, Atlanta, Ga. 30320. All communi­ side of Roosevelt Roads TACAN 234“ radial, cations received within 30 days after extending from the 5-mile radius zone to 5 mS eDapplicatio11 of Terminal Instru- publication of this notice in the F ederal miles southwest of the TACAN. Sace ¿S ! Ures * current air- R egister will be considered before This redesignated control zone would apnroarbltena ®!,nd revised instrument action is taken on the proposed amend­ facilitate the movement and control of t e S a i h pro0cedures ^ the Valdosta ment. The proposal contained in this air traffic utilizing the terminal instru­ actions^1 a reqmres the following notice may be changed in the light of ment procedures designed for the comments received. Roosevelt Roads terminal area. Control Zones An official docket will be available for This amendment is proposed under the 1. Moody AFB: examination by interested persons at the authority of sections 307(a) and 1110 of Federal Aviation Administration, Office the Federal Aviation Act of 1958, 49 of the General Counsel, Attention: Rules U.S.C. 1348 and 1510, and Executive Or­ Docket, 800 Independence Avenue SW., der 10854, 24 F.R. 9565, and section 6(c) 360° radia/6 radial and Mo°dy TACAN Washington, D.C. 20590. An informal of the Department of Transportation docket also will be available for examina- Act (49 U.S.C. 1655(c)).

No. 197----- 7 FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15938 PROPOSED RULE MAKING Issued in Washington, D.C., on The Nike Hercules missiles are con­ Part 206 of the regulations by the addi­ September 30,1970. trolled electronically by ground based tion of a new § 206.3, which would estab­ equipment. The missile is so constructed lish a blanket exemption from the re­ H. B. H elstrom, - that it can be destroyed from the ground quirements of sections 401 and 403 of the Chief, Airspace and Air at any time, or if control is lost, it has a Federal Aviation Act in order to permit Traffic Rules Division. self-destruct capability. all-cargo carriers to provide transporta­ [F.R. Doc. 70-13544; Filed, Oct. 8, 1970; The practice missile firings will be tion to accredited newsmen at the lowest 8:47 a.m.] conducted by various Army units from fare in effect by passenger air carriers the lower 48 States as well as local between the same points, without the Alaskan units. The firings will consist of necessity of applying to the Board for [ 14 CFR Part 73 1 several surface-to-surface operations as an exemption pursuant to section 416 [Airspace Docket No. 70—AL—9] well as surface-to-air launchings which (b) (1) of the Act in each individual case. employ an electronic target. The proposed amendment and a state­ RESTRICTED AREA The proposed restricted area overlies ment explaining its principal features a remote area and would have a minimal are attached. The rules are proposed Proposed Designation impact on aeronautical operations. It under the authority of sections 204(a) The Federal Aviation Administration would overlie a small portion of Amber and 416 of the Federal Aviation Act of (FAA) is considering amending Part 73 Airway 2-15 which is subject to a very 1958, as amended (72 Stat. 743 and 771; of the Federal Aviation Regulations to light traffic flow. 49 U.S.C. 1324 and 1386). designate a joint-use restricted area at If action is taken to adopt this pro­ Interested persons may participate in Eielson AFB, Alaska. posal, Restricted Area R-2205 would be the proposed rule making through sub­ Interested person may participate in redesignated as R-2205A and Restricted mission of twelve (12) copies of written the proposed rule making by submitting Area R-2205B would be designated as data, views, or arguments pertaining such written data, views or arguments as follows: thereto, addressed to the Docket Section, they may desire. Communications should R-2205B Civil Aeronautics Board, Washington, identify the airspace docket number and Boundaries: Beginning at latitude 65° 22'- D.C. 20428. All relevant matter in com­ be submitted in triplicate to the Director, 35” N., longitude 143°31'54” W., to latitude munications received on or before No­ Alaskan Region, Attention: Chief, Air 64°56'10” N., longitude 143°13'42” W., to vember 6, 1970, will be considered by the Traffic Division, Federal Aviation Ad­ latitude 64°36'50” N., longitude 146°11'15” Board before taking final action on the ministration, 632 Sixth Avenue, Anchor­ W., to latitude 64°35,18” N., longitude proposed rule. Copies of such communi­ age, Alaska 99501. All communications 146°11'15” W., to latitude 64°33'24” N., cations, upon receipt thereof, will be received within 30 days after publication longitude 146°18'30” W., to latitude 64°33'- available for examination by interested 25” N., longitude 146°25'00” W., to latitude of this notice in the F ederal R egister will 64°33'25” N., longitude 146°38'00” W., to persons in the Docket Section of the be considered before action is taken on latitude 64°36'45” N„ longitude 146°50'00” Board, Room 712, Universal Building, the proposed amendments. The proposals W., thenpe clockwise via the arc of 4-nautical 1825 Connecticut Avenue NW., Washing­ contained in this notice may be changed mile radius circle centered on: latitude ton, D.C. in the light of comments received. 64°39'54” N., longitude 146°44'07” W., to By the Civil Aeronautics Board. An official docket will be available for latitude 64°43'02” N., longitude 146°50'00” examination by interested persons at the W., thence to latitude 64°46'53” N„ longitude [seal] H arry J. Zink, 146°50'00” W., to latitude 64°55'36” N., Secretary. Federal Aviation Administration, Office longitude 145°48'00” W., thence to point of of the General Counsel, Attention: Rules beginning. Explanatory statement. An all-cargo Docket, 800 Independence Avenue SW„ Designated altitudes: Surface to unlimited. carrier must presently file an exemption Washington, D.C. 20590. An informal Time of designation: December 15 to application each time it wishes to carry docket also will be available for examina­ March 15 annually. Activation of area for newsmen and thereafter the Board proc­ tion at the office of the Regional Air actual firing periods by Notice to Airmen. esses the application and issues an Traffic Division Chief. Controlling agency: Federal Aviation Ad­ ministration, Fairbanks ARTC Center. order, if approved.1 Such an exemption is The U.S. Army (USARAL) has a re­ Using agency: Commanding General U.S. necessary, since all-cargo carriers are quirement to conduct annual practice Army Alaska, Fort Richardson, Alaska. not authorized to carry persons under firings of Nike Hercules missiles in the their 401 certificates and also since fares interest of national defense. These firings These amendments are proposed under for such transportation are required to have been conducted in previous years the authority of section 307(a) of the be set forth in tariffs under 403 of the under a controlled firing concept and a Federal Aviation Act of 1958 (49 U.S.C. Act. If the exemption is granted, the waiver to Federal Aviation Regulations 1348), and of section 6(c) of the Depart­ all-cargo air carrier is required to assess (FAR) §101.23 (b), (c), (d), (e), (f), ment of Transportation Act (49 U.S.C. each person so transported not less than and (h). Effective surveillance of the 1655(c)). the lowest fare in effect by carriers au- entire area is difficult to maintain and Issued in Washington, D.C., on Sep­ • thorized to transport persons in regularly timely notice to pilots located in remote tember 30, 1970. scheduled passenger service between the areas is not always assured. Therefore, same points. H. B. H elstrom, the proposed restricted area would en­ Flying Tiger has requested that the hance safety by being depicted on aero­ Chief, Airspace and Air Traffic Rules Division. Board grant a blanket exemption from nautical charts and by listing the time the necessity of filing the above-described of use. Under the joint-use provision, the [F.R. Doc. 70-13542; Filed, Oct. 8, 1970; application for exemption in each case. airspace area would be available to the 8:47 a.m.] It submits in support thereof that the public when not actually in use by the current procedure is more costly to the using agency. applicant and to the agency than is war­ The time of use would be December 15 ranted. Airlift has filed a letter in sup­ to March 15 annually, with activation of CIVIL AERONAUTICS BOARD port of Flying Tiger’s request. the area by Notice to Airmen during this Upon consideration the Board tenta­ time frame. Normally, seven to 10 missile [14 CFR Part 206 1 tively finds that Flying Tiger’s request firings will occur annually. [Docket No. 22627] should be granted, and it proposes here- This proposed part-time restricted area would encompass and overlie the Yukon, CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY The Chief, Tariffs Section, Passenger and Alaska, Restricted Area R-2205. There­ *o Rates Division, Bureau of ®con^ ’ fore, to simplify the administration of Special Authorizations ently has delegated authority to grant or these two restricted areas, the FAA also y such an exemption (§ 385.15(i) of proposes to redesignate R-2205 as October 6, 1970. of this chapter). This delegation will»« R-2205A and designate the new re­ Notice is hereby given that the Civil ted upon finalization of the prop 1 stricted area as R-2205B. Aeronautics Board is proposing to amend

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 PROPOSED RULE MAKING 15939 in to amend Part 206 to permit all-cargo certificate of public convenience and ne­ October 7, 1969. On January 16, 1970, carriers to provide transportation to cessity for the transportation of property Arthur Andersen & Co., Certified Public accredited newsmen at the lowest fare in and mail only may provide transporta­ Accountants, petitioned the Commission effect by carriers authorized to transport tion to persons between points in its cer­ to amend the Uniform Systems of Ac­ persons in regularly scheduled passenger tificate on regularly scheduled cargo counts to provide “full-cost accounting” service. flights for the purpose of collecting data for all exploration and development ex­ The Bureau of Economics has received for preparation of feature news, pic­ penditures incurred on leases acquired only 15 requests for transportation of torial or like articles provided that: on or after October 7, 1969 (Docket newsmen on all-cargo flights during the (a) The transportation is limited to RP70—23). past 3 years, all of which have been the writer, journalist, or photographer The petitioner believes that full-cost granted, and there has therefore been no engaged in the preparation of data for accounting, which capitalizes all ex­ substantial workload burden on the use in feature news, pictorial, or like ar­ ploration and development costs with Board in processing these applications. ticles which are to appear in newspapers provision for future writeoff against rev­ Nevertheless, the Board believes that the or trade magazines and which will pub­ enues from producing natural gas wells, burden on the all-cargo carriers in filing licize the regularly scheduled cargo is superior to the current expensing of requests for individual exemptions is not operations of the carrier; nonproductive well drilling costs, costs warranted or commensurate with the (b) The air carrier shall collect from of abandoned leases and other similar minimal nature of what is involved. Re­ each person transported not less than costs, as now required by the Uniform quests for transportation of newsmen by the lowest fare in effect by carriers au­ Systems of Accounts for Natural Gas all-cargo carriers have been infrequent, thorized to transport persons in regularly Companies; and alleges that and it would appear that competitive scheduled passenger service between the The existing basis of accounting will act considerations in granting a blanket ex­ points involved; as a deterrent to pipelines to conduct aggres­ emption would be negligible. The Board (c) The air carrier shall file with the sive exploration programs because a sub­ therefore tentatively finds that enforce­ Board’s Bureau of Economics, at least stantial portion of the capital costs associ­ ment of sections 401 and 403 of the Act 10 days before commencement of the ated with the discovery of the new gas re­ and Part 221 of the Economic Regula­ transportation, a notice setting forth the serves will have to be charged to expense tions to the extent that they would other­ name and affiliation of the writer, jour­ currently with no offsetting revenues. The wise prevent certificated all-cargo car­ nalist or photographer, the routing to be result obviously is a mismatching of costs and revenues and a resultant reduction in riers from providing transportation to followed, and the amount of fare to be reported earnings. The capital investment in persons between points in their Certifi­ collected. discovering and developing new gas reserves cates on regularly scheduled cargo flights [F.R. Doc. 70-13574; Filed, Oct. 8, 1970; will undoubtedly involve many millions of for the purpose of collecting data for 8:50 a.m.] dollars. The effect on the earnings of a pipe­ preparation of feature news, pictorial or line company—particularly one not pre­ like articles would be an undue burden viously engaged in production activities— on this class of carrier by reason of the could be so material as to substantially re­ limited extent of or unusual circum­ duce the incentive to pursue “an aggressive FEDERAL POWER COMMISSION pipeline exploration pregram.” (Footnote stances affecting their operations and is omitted.) not in the public interest. [ 18 CFR Parts 201, 204, 205, 260 ] Pipelines simply cannot be expected to In addition to the fare provision pre­ [Docket No. R-403] undertake the vast expenditures required for viously mentioned, the proposed rule will exploration if current earnings are to be provide that the transportation be lim­ UNIFORM SYSTEMS OF ACCOUNTS, penalized by expensing exploration costs ited to the writer, journalist or photog­ FOR NATURAL GAS COMPANIES which are really applicable to future pro­ duction. Thus, from a very real and practical rapher engaged in the preparation of AND ANNUAL REPORT FORM data for use in feature news, pictorial, standpoint, the existing provisions of the or like articles which are to appear in Notice of Proposed Rule Making Uniform System of Accounts, will retard if newspapers or trade magazines and not altogether nullify the Commission’s an­ October 5, 1970. nounced policy of “encouraging intensified which will publicize the regularly sched­ exploration by the pipeline producers.” (FPC uled cargo operations of the carrier. In Pursuant to 5 U.S.C. 553, the Commis­ Docket No. RP70-23, Petition to Amend the addition, the proposal will include a re­ sion gives notice it proposes to amend, Uniform System of Accounts to Provide for quirement that the all-cargo carrier file effective for the reporting year 1970: Full-Cost Accounting of all Exploration with the Bureau of Economics, at least 10 A. Certain accounts in the Uniform Costs Incurred by Pipeline Companies on days before commencement of the trans­ System of Accounts for Class A and Class Leases Acquired After the Date of Opinion portation, a notice setting forth the name B Natural Gas Companies, prescribed by No. 568, Jan. 16, 1970. At pp. 7 and 8.) and affiliation of the writer, journalist, Part 201, Chapter 1, Title 18, CFR. We expressed our concern in Opinion or photographer, the routing to be fol­ B. Certain accounts in the Uniform No. 568 arising from' indications of a lowed, and the amount of the fare to be System of Accounts for Class C Natural present shortage of natural gas and the collected. This provision will enable Gas Companies, prescribed by Part 204, threat of a greater shortage in the fu­ proper and adequate policing by the Chapter 1, Title 18, CFR. ture. We also therein stated that the Board of the carrier’s activities in this , C. Certain accounts in the Uniform pipeline producers are capable of mak­ area. System of Accounts for Class D Natural ing a significant contribution to new gas It is proposed to amend Part 206 of the Gas Companies, prescribed by Part 205, supplies. •Economic Regulations (14 CPR Part 206) Chapter 1, Title 18, CFR. At the present time, indications are as follows: D. Gas Plant in Service Schedule in stronger that the nation is faced with * ¿■.nAr?enc^ Table of Contents to add FPC Form No. 2, Annual Report for Class a natural gas shortage and we are will­ a title for new § 206.3 as follows: A and Class B Natural Gas Companies, ing to explore new avenues to alleviate Sec. prescribed by section 260.1, Chapter 1, this situation. Full-cost accounting may Title 18, CFR. provide some stimulus to pipeline com­ * * * panies to intensify their search for new 06.3 Transportation of newsmen by all­ In Opinion No. 568, Pipeline Produc­ cargo carriers. tion Area Rate Proceeding (Phase I) gas supplies. In proposing the amend­ issued October 7, 1969 (42 FPC 738; 34 ments to the Uniform Systems of Ac­ 2. Add a new § 206.3 to read as follows: F.R. 17803, Nov. 5, 1969), and Opinion counts to adopt full-cost accounting, § 206.3 Transportation of newsmen by No. 568-A issued December 5, 1969 (42 however, we are aware that we are deal­ all-cargo carriers. FPC 1089), the Commission concluded ing with a controversial accounting mat­ that the applicable area rate determined ter on which the accounting profession tions^ nuaî^ ^fno116 provisions of sec- for gas produced by independent pro­ is not united and which was concluded ÏT o ° au d i 03 of the Act and Pari ducers should also be applied to natural to be inappropriate accounting in a study Regulation c chapter (Board’s Economi< gas produced by pipelines and pipeline recently issued by the American Institute regulations), an air carrier holding t affiliates from leases acquired on or after of Certified Public Accountants (ARS 11,

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15940 PROPOSED RULE MAKING

Financial Reporting in the Extractive Commission. In addition, interested per­ Balance Sheet Accounts Industries). Consequently, we are re­ sons wishing to have their comments questing comments and views on the considered in the clearance of the pro­ ASSETS AND OTHER DEBITS merits of such accounting as well as posed revisions in the report forms un­ 1. U tility Plant comments on whether the accounting der the provisions of the Federal Reports ♦ * * * * will provide the desired stimulus for the Act of 1942 (44 U.S.C. 3501-3511) may, search for and development of new gas at the same time, submit a conformed 105 Gas plant held for future use. supplies and comments on the specific copy of their comments directly to the * * * * * changes proposed to the Uniform Sys­ Clearance Officer, Office of Statistical N ote C: The loss on abandonment of nat­ tems of Accounts and Annual Report Policy, Office of Management and ural gas leases acquired on or after October 7, Form No. 2. Budget, Washington, D.C. 20503. Sub­ 1969, shall be charged to account 338, Un­ A. The proposed changes to the Uni­ missions to the Commission should in­ assigned Exploration and Development Costs. form System of Accounts for Class A dicate the name, address, and telephone ***** and Class B Natural Gas Companies are: number of the person to whom corre­ 107 Construction work in progress— Gas. 1. Addition of definitions for “Explora­ spondence in regard to the proposal * * * * * tion and Development Costs,” “Full-Cost should be addressed, and whether the Note A: This account to include certificate Accounting,” and “Unassigned Explora­ person filing them requests a conference application fees paid to the Federal Power tion and Development Costs.” at the Federal Power Commission to dis­ Commission as provided for in gas plant 2. Revision of accounts “105, Gas cuss the proposed revisions in the report instruction 16. Plant Held .for Future Use,” “107, Con­ forms and regulations. The Commission N ote B : Exploration and development struction Work in Progress,” “183.1, will consider all written submissions costs incurred on leases acquired on or after before . acting on the matters herein October 7, 1969, which do not directly re­ Preliminary Natural Gas Survey and In­ sult in the discovery of natural gas shall vestigation Charges,” “283, Accumulated proposed. be transferred to account 338, Unassigned Deferred Income Taxes—Other,” “796, A. The following are proposed amend­Exploration and Development Costs. Nonproductive Well Drilling,” “797, ments and revisions to the Uniform Sys­ Abandoned Leases,” and “798, Other tem of Accounts for Class A and Class B * * * * * Exploration.” Natural Gas Companies, in Part 201, 4. D eferred D ebits 3. Addition of new account “338, Un­ Chapter 1, Title 18 of the Code of Fed­ * * * * * assigned Exploration and Development eral Regulations : 183.1 Preliminary natural gas survey Costs.” 1. In the Definitions section of Part and investigation charges. B. The proposed changes to the Uni­ 201, immediately following definition A. This account shall be charged with form System of Accounts for Class C “12. Discount,” add new definitions all expenditures for preliminary surveys, Natural Gas Companies are: “13. Exploration and development costs” plans, investigations, etc., made for the 1. Revision of accounts “105, Gas and “14. Full-cost accounting for explo­ purpose of determining the feasibility Plant Held for Future Use,” “107, Con­ ration and development costs,” and re­ of acquiring land and land rights to pro­ struction Work in Progress—Gas,” “183, number definitions 13 through 29 as 15 vide a future supply of natural gas. Other Deferred Debits,” “283, Accumu­ through 31. Immediately following re­ If such land or land rights are ac­ lated Deferred Income Taxes—Other,” numbered definition “31. Service value,” quired, this account shall be credited and “721, Nonproductive Well Drilling,” add a new definition “32. Unassigned ex­ the appropriate* gas plant account (see “722, Abandoned Leases,” and “723, ploration and development costs” and re­ gas plant instruction 7-G) charged with Other Exploration.” number definition “30. Utility,” as defini­ the amount of the expenditures related 2. The addition of new account “338, tion 33. New definitions 13,14 and 32 will to such acquisition. If a project is aban­ Unassigned Exploration and Develop­ read: doned involving a natural gas lease ac­ ment Costs.” Definitions quired on or prior to October 6, 1969, C. The proposed changes to the Uni­ * * * * * the expenditures related thereto shall be form System of Accounts for Class D 13. “Exploration and development charged to account 798, Other Explora­ Natural Gas Companies are: costs” are costs such as preliminary sur­ tion. If a project is abandoned involving 1. Revision of accounts “183, Other vey costs, well drilling costs, lease costs a lease acquired on or after October 7, Deferred Debits,” “394, Gas Plant Held and other like costs incurred in the 1969, the expenditures related thereto for Future Use,” “395, Construction Work search for natural gas. shall be charged to account 338, Un­ in Progress—Gas,” “721, Nonproductive assigned Exploration and Development Well Drilling,” “722, Abandoned Leases,” 14. “Full-cost accounting for explora­ tion and development costs” means the Costs. and “723, Other Exploration.” capitalization of all exploration and de­ 2. Addition of new account “327, Un­ velopment costs incurred in the search LIABILITIES AND OTHER CREDITS assigned Exploration and Development for natural gas. Costs,” to the Class D. * ' * * * * * * * * * D. The proposed change to the Gas 11. A ccumulated D eferred Income Taxes 32. “Unassigned exploration and de­ Plant in Service schedule of FPC An­ ***** nual Report Form No. 2 (schedule page velopment costs” are exploration and de­ 501) is the addition of a new line item velopment costs which do not directly 283 Accumulated deferred income entitled “338, Unassigned Exploration result in the discovery of natural gas. taxes— Other. and Development Costs.” * * * * * A. This account shall be used for in­ The proposed amendments to the 2. In the text of Balance Sheet Ac­ come tax deferrals resulting from tne Commission’s Uniform Systems of Ac­ counts, amend account “105, Gas Plant current use of exploration and develop­ counts under the Natural Gas Act and Held for Future Use” by adding a new ment costs incurred on leases acquired to FPC Form No. 2 would be issued un­ note “C.” In account “107, Construction on or after October 7, 1969, in the com­ der the authority granted the Federal Work in Progress—Gas” designate the putation of income taxes and for Power Commission by the Natural Gas present note as “A,” and add a new note specific types of income tax deferral Act, particularly sections 8, 10 and 16 designated as “B.” In account “183.1, when its use has been authorized by tne (52 Stat. 825, 826, 830 (1938); 15 U.S.C. Preliminary Natural Gas Survey and In­ Commission. ¡..-me vestigation Charges” revise paragraph B. This account, when used, for 717g, 717i, 717o). tax deferrals resulting from the current Any interested person may submit to “A.” In account “283, Accumulated De­ use of exploration and development costs the Federal Power Commission, Wash­ ferred Income Taxes—Other” revise ington, D.C. 20426, not later than No­ paragraphs “A” and “B,” add new para­ incurred on leases acquired on or after vember 19, 1970 data, views, comments, graph “C,” and redesignate present para­ October 7, 1969, in the computation of graphs “C” and “D” as “D” and “E,” income taxes and when authorized by or suggestions, in writing, concerning the Commission for other sp®c^ t the proposed revised report forms and respectively. The amended portions of .shall be credited and accoun regulations. An original and 14 con­ Balance Sheet accounts 105, 107, 183.1 formed copies should be filed with the and 283 will read: FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 PROPOSED RULE MAKING 15941 Taxes, shall be debited with an amount B. l. Natural Gas Production and B. When natural gas leaseholds which equal to that by which taxes on income Gathering Plant were acquired on or prior to October 6, payable for the year are lower because * * * * * 1969, and which have never been pro­ of the current use of deductions other 338 Unassigned exploration and devel­ ductive are abandoned, and the amounts than accelerated amortization or liberal­ opment costs. provided in account 113.1, Accumulated- ized depreciation in the computation of Provision for Abandonment of Leases, income taxes, which deductions for gen­ A. This account shall include prelim­ are not sufficient to cover the cost eral accounting purposes will not be inary natural gas survey and investiga­ thereof, the deficiency shall be charged fully reflected in the utility’s determina­ tion costs, loss on abandoned leases, non­ to this account unless otherwise author­ tion of annual net income until subse­ productive well drilling costs and other ized or directed by the Commission. (See quent years. like costs incurred on or related to leases account 182.) acquired on or after October 7, 1969, and C. This account, when used for income N o t e : Losses on abandonment of natural tax deferrals resulting from the current which do not contribute to or result in gas leases acquired on or after October 7, use of exploration and development the discovery of natural gas. The total 1969, shall be charged to account 338, Un­ costs, incurred on leases acquired on or of the costs included in this account less assigned Exploration and Development after October 7,1969, in the computation amounts amortized shall not exceed the Costs. fair value of the recoverable gas reserves of income taxes and when authorized 798 Other exploration. by the Commission for other specific tax in the Commission defined Area in which deferrals, shall be debited and Account such costs are incurred. This account shall be charged with the 411, Income Taxes Deferred in Prior B. The costs in this account shall be cost of abandoned projects involving Years—Credit, shall be credited with an amortized by debiting Account 404.1, natural gas leases acquired on or prior amount equal to that by which taxes on Amortization and Depletion of Produc­ to October 6, 1969, on which preliminary income payable for the year are greater ing Natural Gas Land and Land Rights, expenditures were made for the purpose because of deferral of taxes on income in and crediting account 111.1, Accumu­ of determining the feasibility of acquir­ previous years, as provided by paragraph lated Provision for Amortization and De­ ing acreage to provide a future supply B, above, because of difference in timing pletion of Producing Natural Gas Land of natural gas (see account 183.1, Prelim­ for tax purposes of particular income and Land Rights, based upon the ex­ inary Natural Gas Survey and Investiga­ deductions from that recognized by the haustion of natural gas deposits in the tion Charges). utility for general accounting purposes, Commission defined Area in which the N o te: Preliminary expenditures on aban­ other than with respect to accelerated unsuccessful costs were incurred, or as doned projects involving natural gas leases amortization or liberalized depreciation. otherwise authorized by the Commission. acquired on or after October 7, 1969, shall be Such debit to this account and credit to C. The costs therein shall be main­ charged to account 338, Unassigned Explora­ account 411 shall, in general, represent tained by natural gas lease and upon tion and Development Costs. the effect on income taxes payable in the the amortization of the costs related to ***** current year of the smaller deduction each lease shall be retired by crediting B. The following are proposed amend­ permitted for tax purposes as compared this account and debiting account 111.1. ments and revisions to the Uniform Sys­ to the amount recognized in the utility’s ♦ * * * * tem of Accounts for Class C Natural Gas general accounts with respect to the item 5. In the text of Operation and Main­ Companies, in Part 204, Chapter 1, Title or class of items for which deferred tax tenance Expense Accounts, revise Ex­ 18 of the Code of Federal Regulations: accounting by the utility was authorized ploration and Development Expense ac­ 1. In the text of Blanche Sheet ac­ by the Commission. counts “796, Nonproductive Well Drill­ counts, amend account “105, Gas Plant D. * * * ing,” “797, Abandoned Leases,” and “798, Held for Future Use” by adding a new E. * * * note “C.” In account “107, Construction Other Exploration.” As so revised, ac­ Work in Progress—Gas” designate the ♦ * * * * counts 796, 797 and 798 will read: present note as “A,” and add new note 3. In the chart of Gas Plant accounts,Operation and Maintenance Expense designated “B.” In account “183, Other add new account title “338, Unassigned Deferred Debits” revise subparagraph Exploration and Development Costs,” Accounts “A(2)”, and in account “283, Accumu­ immediately following account title “337, 1. P roduction Expenses lated Deferred Income Taxes—Other” Other Equipment.” As so revised, the ***** revise paragraphs “A” and “B,” add a chart of Gas Plant Accounts will read: C. EXPLORATION AND DEVELOPMENT new paragraph “C” and redesignate EXPENSES present paragraphs “C” and “D” as “D” Gas Plant Accounts and “E,” respectively. The amended por­ (Chart of Accounts) ***** tions of these Balance Sheet accounts will read: ***** 796 Nonproductive well drilling. 2. P roduction P lant This account shall include the net cost Balance Sheet Accounts ***** of drilling nonproductive wells on natural ASSETS AND OTHER DEBITS gas leases acquired on or prior to Octo­ b. natural gas production plant ber 6, 1969. 1. U tility P lant B. 1. Natural Gas Production and Gather* * * * * * N ote A: Records In support of the charges Plant to this account shall conform, as appropriate, 105 Gas plant held for future use. ***** to Note B of general instruction 12, Records ***** 338 Unassigned exploration and devel< for Each Plant. Note C: The loss on abandonment of natu­ ment costs. Note B: The net cost of drilling nonpro­ ral gas leases acquired on or after October 7, ductive wells on natural gas leases acquired 1969, shall be charged to account 338, Un­ on or after October 7, 1969, shall be charged assigned Exploration and Development Costs. Gas Plant accoui to account 338, Unassigned Exploration and ***** tamediateiy following account “I Development Costs. hi 107 Construction work in progress— Gas. SSg* Equipment,” add new accoi 797 Abandoned leases. vpi™ n! sslgned Exploration and 1 N ote A: This account to include certificate reaJ\ment‘ Costs.” New account 338 i A. This account shall be charged with application fees paid to the Federal Power amounts credited to account 113.1, Ac­ Commission as provided for in gas plant in­ cumulated Provision for Abandonment struction 14. Gas Plant Accounts of Leases, to cover the probable loss on Note B: Exploration and development * * * * costs incurred on leases acquired on or after abandonment of natural gas leases ac­ October 7, 1969, which do not directly result 2. Production P lant quired on or prior to October 6, 1969, in the discovery of natural gas shall be trans­ * included in account 105, Gas Plant Held ferred to account 338, Unassigned Explora­ for Future Use, which have never been tion and Development Costs. B* NATURAL gas production plant productive. * * * * •

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15942 PROPOSED RULE MAKING

4. D eferred D ebits deferrals, shall be debited and Account and crediting account 111.1, Accumu­ ***** 411, Income Taxes Deferred in Prior lated Provision for Amortization and De­ Years—Credit, shall be credited with an pletion of Producing Natural Gas Land 183 Other deferred debits. amount equal to that by which taxes on and Land Rights, based upon the ex­ A. This account shall include the fol­ income payable for the year are greater haustion of natural gas deposits in the lowing classes of items: because of deferral of taxes on income in Commission defined Area in which the CD * * * previous years, as provided by paragraph unsuccessful costs were incurred. (2) Expenditures for preliminary sur­ B, above, because of difference in timing C. The costs therein shall be main­ veys, plans, investigations, etc., made for for tax purposes of particular income tained by natural gas-lease and upon the the purpose of determining the feasibil­ deductions from that recognized by the amortization of the costs related to each ity of acquiring land and land rights to utility for general accounting purposes, lease shall be retired by crediting this provide a future supply of natural gas. other than with respect to accelerated account and debiting account 111.1. If such land or land rights are acquired, amortization or liberalized depreciation. ***** this account shall be credited and the Such debit to this account and credit to 4. In the text of Operation and Main­ appropriate gas plant account (see gas account 411 shall, in general, represent tenance Expense Accounts, revise Ex­ plant instruction 6G) charged with the the effect on taxes payable in the current ploration and Development Expense ac­ amount of expenditures related to such year of the smaller deduction permitted counts “721, Nonproductive Well Drill­ acquisition. Such preliminary survey and for tax purposes as compared to the ing,” “722, Abandoned Leases,” and “723, investigation charges transferred to gas amount recognized in the utility’s gen­ Other Exploration.” As so revised, ac­ plant shall not exceed the expenditures eral accounts with respect to the item or counts 721, 722, and 723 will readr which may reasonably be determined to class of items for which deferred tax ac­ contribute directly and immediately and counting by the utility was authorized by Operation and Maintenance Expense without duplication to gas plant. the Commission. Accounts If a project is abandoned involving a D * * * natural gas lease acquired on or prior to E. * * * ***** October 6, 1969, the expenditures related ***** 3. Exploration and D evelopment Expenses thereto shall be charged to account 723, 2. In the chart of Gas Plant Accounts, Other Exploration. If a project is aban­ add new account title “338, Unassigned ***** doned involving a lease acquired on or Exploration and Development Costs,” 721 Nonproductive well drilling. after October 7, 1969, the expenditures immediately following account title “337, related thereto shall be charged to ac­ This account shall include the net cost Other Equipment.” As so revised, the of drilling nonproductive wells on nat­ count 338, Unassigned Exploration and chart of Gas Plant Accounts will read: Development Costs. ural gas leases acquired on or prior to Gas Plant Accounts October 6, 1969. Note A: Records in support of the charges LIABILITIES AND OTHER CREDITS (Chart of Accounts) to this account shall conform, as appropri­ * * * * * ♦ * * * * ate, to General Instruction 12, Gas Well Records. 11. Accumulated D eferred Income 2. P roduction P;lant T axes * * * * * Note B: The net cost of drilling nonpro­ ductive wells on natural gas leases acquired * * * * * B. NATURAL GAS PRODUCTION PLANT on or after October 7, 1969, shall be charged 283 Accumulated deferred income B. 1. Natural Gas Production and Gathering to account 338, Unassigned Exploration and taxes— Other. Plant Development Costs. A. This account shall be used for in­ ***** 722 Abandoned leases. come tax deferrals resulting from the 338 Unassigned exploration and develop­ ment costs. This account shall be charged with current use of exploration and develop­ losses on abandonment of natural gas ment costs incurred on leases acquired * * * * * leases acquired on or prior to Octo­ on or after October 7,1969, in the compu­ 3. In the text of Gas Plant accounts,ber 6, 1969, included in Account 105, Gas tation of income taxes and for other immediately following account “337, Plant Held for Future Use, which have specific types of income tax deferrals Other Equipment,” add new account never been productive, unless otherwise when its use has been authorized by the “338, Unassigned Exploration and Devel­ authorized or directed by the Commis­ Commission. opment Costs.” New account 338 will sion. (See account 182.) Losses on aban­ B. This account, when used for income read: donment of natural gas leases acquired tax deferrals resulting from the current on or after October 7, 1969, shall be use of exploration and development costs Gas Plant Accounts charged to account 338, Unassigned Ex­ incurred on leases acquired on or after * * * * ♦ October 7, 1969, in the computation of ploration and Development Costs. income taxes and when authorized by 2. P roduction Plant 723 Other exploration. the Commission for other specific income * * * * * This account shall be charged with the tax deferrals, shall be credited and ac­ B. NATURAL GAS PRODUCTION PLANT cost of abandoned projects involving nat­ count 410, Provision for Deferred Income B. 1. Natural Gas Production and Gath­ ural gas leases acquired on or prior to Taxes, shall be debited with an amount October 6, 1969, on which preliminary equal to that by which taxes on income ering Plant 4e * * * * expenditures were made for the purpose payable for the year are lower because of determining the feasibility of acquir­ of the current use of deductions other 338 Unassigned exploration and devel­ ing acreage to provide a future supply 0 than accelerated amortization or liber­ opment costs. natural gas (see account 183, Other De­ alized depreciation in the computation A. This account shall include prelimi­ ferred Debits). of income taxes, which deductions for nary natural gas survey and investiga­ To t e : Preliminary expenditures on aban- general accounting purposes will not be tion costs, loss on abandoned leases, led projects involving natural gas leases fully reflected in the utility’s determina­ nonproductive well drilling costs and [uired on or after October 7, s _ tion of annual net income until subse­ other like costs incurred on or related charged to account 338, Unassigne quent years. to leases acquired on or after October 7, ration and Development Costs. C. This account, when used for income 1969, and which do not contribute to * * * * tax deferrals resulting from the current or result in the discovery of natural gas. use of exploration and development costs 7. The following are proposed amend- incurred on leases acquired on or after B. The costs in this account shall be ¡nts and revisions to the Uniform sy ‘ October -7, 1969, in the computation of amortized by debiting account 404.1, n of Accounts, for Class D Natural G income taxes and when authorized by the Amortization and Depletion of Produc­ mpanies, in Part 205, Chapter I, ‘Due Commission for other specific income tax ing Natural Gas Land and Land Rights, of the Code of Federal Regulations.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 PROPOSED RULE MAKING 15943

1. In the text of Balance Sheet ac­ Gas Plant Accounts Operation and Maintenance Expense counts, revise subparagraph “A(2) ” of ***** Accounts account “183, Other Deferred Debits.” This portion of account 183 will read: 3. Natural Gas P roduction and * * * * * Gathering 2. Natural Gas P roduction and Balance Sheet Accounts ***** Gathering ASSETS AND OTHER DEBITS 327 Unassigned exploration and devel­ ***** * * * * * opment costs. 721 Nonproductive well drilling. 4. D eferred D ebits A. This account shall include prelim­ This account shall include the net cost ***** inary natural gas survey and investiga­ of drilling nonproductive wells on nat­ tion costs, loss on abandoned leases, non­ 183 Other deferred debits. ural gas leases acquired on or prior to productive well drilling costs and other October 6,1969. like costs incurred on or related to leases A. This account shall include the fol­ N ote A: Records in support of the charges lowing classes of items: acquired on or after October 7,1969, and to this account shall conform, as appropriate, (1) * * * which do not contribute to or result in to note of general instruction 5, Gas Well (2) Expenditures for preliminary sur­ the discovery of natural gas. Records. . veys, plans, investigations, etc., made for B. The costs in this account shall be N ote B: The net cost of drilling nonpro­ amortized by debiting account 404.1, ductive wells on natural gas leases acquired the purpose of determining the feasibil­ on or after October 7, 1969, shall be charged ity of acquiring land and land rights to Amortization and Depletion of Producing to account 327, Unassigned Exploration and provide a future supply of natural gas. Natural Gas Land and Land Rights, and Development Costs. If such land or land rights are acquired, crediting account 111.1, Accumulated this account shall be credited and the Provision for Amortization and Depletion 722 Abandoned leases. appropriate gas plant account (see gas of Producing Natural Gas Land and Land This account shall be charged with plant instruction 3) charged with the Rights, based upon the exhaustion of losses on abandonment of natural gas amount of expenditures related to such natural gas deposits in the Commission leases acquired on or prior to October 6, acquisition. defined Area in which the unsuccessful 1969, included in account 394, Gas Plant Such preliminary survey and investi­ costs were incurrred. Held for Future Use, which have never gation charges transferred to gas plant C. The costs therein shall be main­ been productive, unless otherwise au­ shall not exceed the expenditures which tained by natural gas lease and upon the thorized or directed by the Commission. may reasonably be determined to con­ amortization of the costs related to each Losses on abandonment of natural gas tribute directly and immediately and lease shall be retired by crediting this leases acquired on or after October 7, without duplication to gas plant. If a account and debiting account 111.1. 1969, shall be charged to account 327, project is abandoned involving a natural ♦ * * * * Unassigned Exploration and Develop­ gas lease acquired on or prior to Oc­ 4. In the text of Gas Plant accounts, ment Costs. tober 6, 1969, the expenditures related amend account “394, Gas Plant Held for 723 ( Other exploration. thereto shall be charged to account 723, Future Use,” by adding note “C.” Amend This account shall be charged with Other Exploration. If a project is aban­ account “395, Construction Work in the cost of abandoned projects involving doned involving a lease acquired on or Progress—Gas” by adding a note follow­ ing the account text. The amended natural gas leases acquired on or prior after October 7, 1969, the expenditures portions of accounts 394 and 395 will to October 6,1969, on which preliminary related thereto shall be charged to ac­ expenditures were made for the purpose read: of determining the feasibility of acquir­ count 327, Unassigned Exploration and Gas Plant Accounts Development Costs. ing acreage to provide a future supply * * * * ♦ ***** of natural gas (see account 183, Other 6. Other Gas P lant Deferred Debits). 2. In the chart of Gas Plant Accounts, * * * * * N o t e : Preliminary expenditures on aban­ add new account title “327, Unassigned doned projects involving natural gas leases 394 Gas plant held for future use. acquired on or after October 7, 1969, shall Exploration and Development Costs,” ***** immediately following account title “326, be charged to account 327, Unassigned Ex­ Note C: The loss on abandonment of ploration and Development Costs. Other Production Equipment.” As so re­ natural gas leases acquired on or after Oc­ D. Effective for the reporting year vised, the chart of Gas Plant Accounts tober 7, 1969, shall be charged to ac­ 1971, it is proposed to revise the Gas will read: count 327, Unassigned Exploration and Development Costs. Plant in Service Schedule (schedule page Ga$ Plant Accounts ***** 501) of FPC Form No. 2, Annual Report for Natural Gas Companies (Class A and (Chart of Accounts) 395 Construction work in progress— Gas. Class B) prescribed by § 260.1, Chapter ***** ***** 1, Title 18 of the Code of Federal Regula­ 3. Natural G as P roduction and G athering Note: Exploration and development costs tions, all as set forth in Attachment A ***** incurred on leases acquired on or after Oc­ hereto.1 tober 7, 1969, which do not directly result The Secretary shall cause prompt pub­ 327 Unassigned exploration and develop­ in the discovery of natural gas shall be trans­ ment costs. ferred to account 327, Unassigned Exploration lication of this notice to be made in the ***** and Development Costs. F ederal R egister. 3. In the text of Gas Plant accounts, 5. In the text of Operation and Main­ By direction of the Commission. immediately following account “326, tenance Expense Accounts, revise ac­ G ordon M. G rant, Other Production Equipment,” add new counts, “721, Nonproductive Well Drill­ Secretary. account “327, Unassigned Exploration ing,” “722, Abandoned Leases,” and “723, [F.R. Doc. 70-13568; Filed, Oct. 8, 1970; 8:49 a.m.] and Development Costs.” New account Other Exploration.” As so revised, these 327 will read: accounts will read: 1 Filed as part of original document.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15944

Notices

or hereafter established or modified and 4. The mineral rights in the lands were DEPARTMENT OF STATE promulgated within the Agency for Inter­ not exchanged and their status is not af­ national Development. fected by this order. Agency f(or International Development 5. Actions within the scope of this 5. Inquiries concerning the lands DIRECTOR, OFFICE OF redelegation heretofore taken by the of­ should be addressed to the Chief, Divi­ PROCUREMENT ET A L ficials designated herein are hereby rati­ sion of Lands and Minerals Program fied and confirmed. Management and Land Office, Bureau of Redelegation of Authority Regarding 6. This redelegation of authority shall Land Management, 316 North 26th Contracting Functions be effective immediately. Street, Billings, Mont. 59101. 7. The redelegation of authority, dated Pursuant to the authority delegated to April 2, 1969 (34 F.R. 6446), relating to Eugene H. N ewell, me by Delegation of Authority No. 17, as contracting functions in the Office of Land Office Manager. amended, from the Administrator of the Procurement, is hereby superseded. [F.R. Doc. 70-13518; Filed, Oct. 8, 1970; Agency for International Development 8:45 a.m.] and by Subpart 7-30.4 of the A.I.D. Pro­ Dated: September 30,1970. curement Regulations, as amended, I Lane D winell, hereby redelegate to the Director, and Assistant Administrator [OR 6929] Deputy Director of the Office of Pro­ for Administration. OREGON curement, and to the Chief, Contract [F.R. Doc. 70-13551; Filed, Oct. 8, 1970; Services Division, Chief, Overhead and 8:48 a.m.] Notice of Proposed Withdrawal and Special Cost Negotiation Branch, Chief, Reservation of Land Contract Operations Branch, and to the Senior Contract Specialists, Contract October 2, 1970. Operations Branch, authority to sign or The Department of Agriculture, on be­ approve: DEPARTMENT OF THE INTERIOR half of the Forest Service, has filed ap­ 1. (a) Contracts and amendments to Bureau of Land Management plication, OR 6929, for the withdrawal contracts financed in whole or in part of the national forest land described be­ by A.I.D., other than contracts exclu­ [Montana 16454] low, from all forms of appropriation sively for the supply of commodities; MONTANA under the mining laws (30 U.S.C. ch. 2), and grants, other than to foreign gov­ but not from leasing under the mineral ernments, or agencies of foreign gov­ Order Providing for the Opening of leasing laws, subject to valid existing ernments; Public Lands rights. The applicant desires the land for use (b) Letters of commitment, and no­ October 2, 1970. tices of approval for financing of co­ as the Union Creek Campground Water operating country contracts, for con­ 1. In an exchange of lands made under System Site. tracts described in (a) above; the provisions of section 8 of the Act of For a period of 30 days from the date June 28,1934 (48 Stat. 1269), as amended of publication of this notice, all persons (c) Project implementation orders— (43 U.S.C. 315g), the following described technical services (PIO/T) ; who wish to submit comments, sugges­ lands have been reconveyed to the United tions, or objections in connection with the (d) Amendments or modifications States: (pursuant to Executive Order 11223) of proposed withdrawal may present their A.LD.-financed contracts entered into P rincipal Meridian, Mo n t . views in writing to the undersigned offi­ with nonprofit institutions under which T. 7 S., R. 42 E., cer of the Bureau of Land Management, no fee is charged or paid, where the Sec. 18, Lots 5, 6, and 7, E^SW}4 and Department of the Interior, 729 Oregon amendment or modification is requested SW%SE%; Street NE. (Post Office Box 2965), Port­ by the contractor and does not involve Sec. 19, Lots 1, 2, 3, and 4, E&W% and land, Oreg. 97208. NE 1,4; The authorized officer of the Bureau a consideration for the United States: Sec. 28, SWi/4NWy4, SW]4. wy2SEy4, and Provided, That all such amendments or SE14SE14; of Land Management will undertake modifications are requested prior to final Sec. 29, All; such investigations as are necessary to payment under the contract: And pro­ Sec. 30, Ei/2; determine the existing and potential vided further, That all such amendments Sec. 31, NE^4; demand for the land and its resources. or modifications involving $25,000 or Sec. 32, wy2NW‘/4 and NE%NW%; He will also undertake negotiations with more have my specific approval. Sec. 33, N14NEî4> SE14NEV4, and NE% the applicant agency with the view of 2. I hereby redelegate to the Director Nwy4. adjusting the application to reduce the and Deputy Director of the Office of Pro­ The area described contains 2,429.02 area to the minimum essential to meet curement and to the Chief of the Con­ acres. the applicant’s needs, to provide for the tract Services Division and the Chief of 2. The lands are situated in Rosebud maximum concurrent utilization of the the Contract Operations Branch au­ County and presently are used for graz­ land for purposes other than the appli­ thority to sign or approve advance pay­ ing of livestock. The topography of the cant’s, to eliminate land needed for ments and the required determinations lands vary from gently rolling to steep purposes more essential than the aPPh" and findings for such payments under and rough. The vegetative aspects is cant’s, and to reach agreement on the A.I.D.-financed nonprofit contracts with grassland-low shrub with scattered concurrent management of the land ana nonprofit educational or research in­ stands of ponderosa pine. its resources. stitutions. 3. Subject to valid existing rights, the He will also prepare a report for con­ 3. The authority herein delegated to provisions of existing withdrawals, and sideration by the Secretary of tne the officers named above may not be the requirements of applicable law, the Interior who will determine whether or further redelegated by such officers, but lands are hereby open to application, not the land will be withdrawn as re­ may be exercised by duly authorized per­ petition, location, and selection. All valid quested by the applicant agency. sons who are performing the functions applications received at or prior to 10 The determination of the Secretary of such officers in an acting capacity. a.m., November 6, 1970, shall be consid­ on the application will be published in 4. The authorities delegated herein ered as simultaneously filed at that the F ederal R egister. A separate notice are to be exercised in accordance with time. Those received thereafter shall be will be sent to each interested party regulations, procedures and policies now considered in the order of filing: record.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 NOTICES 15945 If circumstances warrant it, a public Loan differentials will be applied in de­ Signed at Washington, D.C., on Octo­ hearing will be held at a convenient time termining the formula price of other ber 5, 1970. and place which will be announced. grades or qualities. K enneth E. F rick, The land involved in the application (b) At interior positions the minimum Executive Vice President, is: price is the market price but not less Commodity Credit Corporation. W h it m a n National F orest than the formula price which is the 1970 [FJR. Doc. 70-13547; Filed, Oct. 8, 1970; WILLAMETTE MERIDIAN county loan rate where stored plus tran­ 8:48 a.m.] sit value, if any, plus markups for each Union Creek Campground Water System Site month as follows: T. 10 S., R. 38 E., Sec. 14, Ey2NW%. M o n th ly Markups—Ce n t s P er B u sh e l 1970 1971 DEPARTMENT OF COMMERCE The area described contains approx­ O ct_____ ------16% Jan_____ ------20% imately 80 acres. N o v ____ ------173/4 Feb____ ------22% Business and Defense Services Virgil O. S eiser, D e c ____ ------19% M ar_____------23% Administration Chief .Branch of Lands. Apr_____ ------25% NEW YORK STATE MUSEUM AND [F.R. Doc. 70-13519; Filed, Oct. 8, 1970; M ay_____------26% 8:45 a.m.] J u n e ____------28% SCIENCE SERVICES-GEOLOGICAL Loan differentials will be applied in de­ SURVEY termining the formula price of other Notice of Decision on Application for grades and qualities. Sales will be applied DEPARTMENT OF AGRICULTURE to the Domestic Payment-In-Kind Peed Duty-Free Entry of Scientific Article Commodity Credit Corporation Grain Program Pool. Correction [Amdt. 4] 3. A section 18 is inserted and reads as In F.R. Doc. 70-13165 appearing at follows: page 15324 in the issue for Thursday, SALES OF CERTAIN COMMODITIES 18. Grain Sorghum—Unrestricted Use October 1, 1970, thé docket number in Sales (Bulk-Storable-Basis Grade 2 or the first line of the third paragraph, Monthly Sales List (Fiscal Year Ending Better In-Store). The minimum price is June 30, 1971) now reading “Docket No. 70-0047-88- the market price but not less than the 74000”, should read “Docket No. 70- The CCC Monthly Sales List for the formula price. 00475-88-74000”. fiscal year ending June 30, 1971, pub­ At designated terminals the formula lished in 35 F.R. 10922, is amended as price is the 1970 county loan rate 'where follows: stored plus the monthly markup shown 1. Section 1 entitled General is amend­ in this section plus 7 cents per hundred­ ed by the addition of subsections (f) and weight or the transit value, whichever is DEPARTMENT OF HEALTH, (g) as follows: higher. (f) CCC will entertain offers to buy Outside of designated terminals the EDUCATION, AND WELFARE warehouse stocks of grains other than formula price is the 1970 county loan rice and oilseeds other than peanuts for rate where stored plus the monthly Public Health Service deferred delivery up to 120 days from markup shown in this section plus the HEALTH SERVICES AND MENTAL the date of sale. Prices of such sales will transit value, if any. be in accordance with the CCC Monthly Loan differentials will be applied in HEALTH ADMINISTRATION Sales List in effect at the time of sale determining the formula price of other Promulgation of Federal Percentages plus storage and interest beginning 10 grades and qualities. Under Title IV of the Mental Retar­ days after the date of sale. Storage Sales will be applied to the Domestic charges will be in accordance with UGSA Payment-in-Kind Feed Grain Program dation Facilities and Community rates, and interest to date of payment Pool. Mental Health Centers Construction Act of 1963 will be at 8 percent. No cash advance Mo n th ly Markups—Cen ts P er Cw t. will be required from responsible buy­ ers, but buyers will be required to fur­ Oct ___ ------31% J a n ___ ------38% Notice of proposed rule making, public nish CCC an irrevocable letter of credit Nov ------333% Feb _____------41% rule making procedures and delay of D e c ____ ------36% M ar___ _— 43% effective date have been omitted as un­ covering the purchase price plus esti­ Apr _____------46% necessary in the following issuance mated storage and interest to the end of M ay____ ------48% which relates solely to grants for the con­ the delivery period. June _ _- - - - - 51% Points of delivery, determined by struction of community mental health CCC,- may be other than the positions 4. The provisions of section 19 entitled facilities. used herein to describe minimum prices. Grain Sorghum—Export Sales (Bulk- Pursuant to section 40Î (i) and (j) of On deliveries made in other than an in­ Basis Grade 2 or Better) are deleted. title IV of the Mental Retardation Facili­ store position, the minimum price at the 5. Section 3 entitled Linseed Oil ties and Community Mental Health pomt of delivery will apply. (Raw) Unrestricted Use Sales is amended Centers Act, as amended, the following 2. Section 16 entitled Corn—Unre­ by the insertion of the following sentence Federal percentages are hereby promul­ stricted Use Sales (Bulk-Storable-Basis after the first sentence: gated for the fiscal year beginning July Grade 2 YC 15.1—15.5 Percent Mois­ For October the price will be $0.1160 1, 1971, and the succeeding fiscal year. ture—In-Store) is revised to read as fol­ per pound. It is also determined that the Federal lows: 6. The second sentence of section 43 percentages for construction grants for (a) In port positions the minimum entitled Peanuts, Shelled or Farmers alcoholism, narcotics addiction, and chil­ o^he market Price but not less Stock—Restricted Use is revised to read dren’s facilities shall be the same as pro­ /L , 4 *** bushel at Milwaukee/Chi- as follows: vided for community mental health fa­ £1 Duluth/Superior; Terms and conditions of sale are set I« 1 GuF : and S1-43 Atlantic plus cilities. markups for each month as follows: forth in Announcement OC-10 effective These percentages have been deter­ Monthly Markups—Cen ts P er B u sh el October 1, 1970, and the applicable lot mined in the manner specified by the list. Oct 1970 1971 Act and are based on the per capita in­ Nov .. J äü _ ------7. A section 23 is inserted which reads come of the several States and the United Feb ------6 as follows: Dec _ Mar ------7% States for 1967, 1968, and 1969, the three Apr —------9 23. Oats—Export Sales (Bulk) CCC most recent consecutive years for which May ------io % will sell oats at the export market price satisfactory data is available from the June June ______12 for cash under Announcement GR-212. Department of Commerce.

No. 197- FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15946 NOTICES A labam a----- 65.39 North Da- Italiane, S.p.A. (Alitalia) to show cause 1958, as amended, that a hearing in the Alaska _____ 40.15 kota _____ 60.06 why the Board should not amend above-entitled proceeding now assigned Arizona ____ 55.37 O h io ______49. 26 Alitalia’s foreign air carrier permits1 so to be held on October 13, 1970, is hereby Arkansas — 66.19 Oklahoma__ 58.51 postponed to October 27,1970, at 10 a.m., C alifornia__ 41. 66 Oregon ____ 51.34 as to include certain conditions allow­ C olorado___ 51.47 Pennsyl- ing the Board to require Alitalia to file e.s.t., in Room 911, Universal Building, Connecticut _ 37. 12 vania ___ 50. 25 with the Board for approval its existing 1825 Connecticut Avenue NW., Wash­ Delaw are----- 44.00 Rhode Is- and proposed schedules involving serv­ ington, D.C., before the undersigned Florida_____ 53. 26 land ____ 47. 43 ice to U.S. points (Docket 19103). examiner. Georgia ____ 58. 95 South Caro- Alitalia has filed a Motion requesting H aw aii_____ 47.74 l i n a __ __ 65. 04 dismissal of the proceeding in Docket Dated at Washington, D.C., October 5, Idaho __ .— 60. 25 South Da- 1970. kota _____ 58. 96 19103. We agree that this proceeding Illin o is_____ 41.56 [seal] Edward T. S todola, In d ia n a ____ 50.03 T ennessee__ 62. 25 should be dismissed since the amend­ Io w a ------51.74 Texas ______56. 01 ment of Alitalia’s permits in the Foreign Hearing Examiner. K ansas_____ 52. 31 U ta h ------59.09 Air Carrier Permit Terms Investigation, [F.R. Doc. 70-13570; Filed, Oct. 8, 1970; K en tu ck y__ 61.62 Vermont ___ 55. 72 Order 70-6-33, approved by the Presi­ 8:49 a.m.] L ou isian a__ 61.62 Virginia____ 55.30 dent on June 3, 1970, has the effect for Maine _____ 58.79 Washington _ 46. 77 all practical purposes of achieving the M aryland__ 45.08 West Vir- objective of the proposed schedule-filing [Docket No. 21617; Order 70-10-24] Massachu- ginia ____ 64. 23 amendments in this proceeding. setts _____ 43.46 W isconsin__ 50.72 PHILIPPINE AIR LINES, INC. M ichigan----- 46. 03 W yom in g__ 54. 50 Consolidated with this proceeding: was Minnesota — 51.02 District of Alitalia’s application in Docket 18608 for Order Dismissing Proceeding Mississippi_ 66.66 Columbia. 35. 69 renewal of its permit issued pursuant Adopted by the Civil Aeronautics Missouri ___ 52. 58 Trust Terri- to Order E-20667, approved April 8,1964. M ontana___ 57. 28 tory of the The Board deferred consideration of this Board at its office in Washington, D.C., Nebraska ___ 51.97 Pacific ___ 66. 66 renewal application in Order E-26156 in on the 5th day of October*!.970. Nevada ____ 41. 30 American Sa- order to expedite the matter of the pro­ By Order 69-11-61, November 14, 1969, New Hamp- moa — — 66. 66 the Board directed Philippine Air Lines, sh ir e _____ 52.48 Guam _____ 66. 66 posed schedule-filing conditions. Alitalia Inc. (PAL), to show cause why the Board New Jersey_ 42. 13 Puerto Rico__ 66. 66 has also requested severance of its de­ should not amend PAL’s foreign air car­ New Mexico_ 61. 01 Virgin Is- ferred renewal application from the rier permit issued pursuant to Order New York___ 39^66 lands __ 66. 66 Docket 19103 proceeding and consolida­ E-17953, approved January 22, 1962, so North Caro- tion of the renewal application with as to include conditions allowing the li n a ______61.15 Alitalia’s permit amendment application Board to require PAL to file with the Dated: October 1, 1970. in Docket 22496. In view of our decision Board for approval its existing and pro­ to dismiss the proceeding in Docket posed schedules involving service to U.S. Vernon E. W ilson, 19103, we will grant Alitaliafe severance Administrator. points. . PAL filed an answer in and consolidation requests. opposition to the show cause order. [F.R . Doc. 70-13514; Filed, Oct. 8, 1970; Accordingly, it is ordered, That: The Board believes that this proceed­ 8:45 a.m.] 1. Alitalia’s Motions to Sever and Dis­ ing should be dismissed since the amend­ miss in Part and for Consolidation or ment of PAL’s permit in the Foreign Air Other Relief be and they hereby are Carrier Permit Terms Investigation, Or­ granted; der 70-6-33, approved by the President ATOMIC ENERGY COMMISSION 2. Alitalia’s deferred application for on June 3, 1970, has the effect for all [Docket No. 50-322] renewal of its foreign air carrier permit practical purposes of achieving the ob­ in Docket 18608 be and it hereby is jective of the proposed schedule-filing LONG ISLAND LIGHTING CO. severed from Docket 19103 and consol­ amendments in this proceeding. Schedule for Hearing idated with Alitalia’s application for Accordingly, it is ordered, That: The amendment of its foreign air carrier per­ proceeding in Docket 21617 concerning The hearing in the captioned matter mit in Docket 22496; and amendments to PAL’s foreign air carrier will be continued on Monday, October 26, 3. The proceeding in Docket 19103 permit be and it hereby is dismissed. 1970, at 10 a.m., local time, in the concerning amendments to Alitalia’s Auditorium, Planning Building, Suffolk foreign air carrier permits be and it This order shall be published in the County Center, Veterans Memorial High­ hereby is dismissed. F ederal R egister. way, Hauppauge, Long Island, N.Y. 11787. By the Civil Aeronautics Board. Dated: October 5, 1970. This order shall be published in the F ederal R egister. [seal] Harry J. Zink, tomic afety and icens Secretary. A S L ­ By the Civil Aeronautics Board. ing B oard, [F.R. Doc. 70-13573; Filed, Oct. 8, 1970; J ack M. Campbell, [ seal] Harry J. Zink , 8:49 a.m.] Chairman. Secretary. [F.R. Doc. 70-13598; Filed, Oct. 8, 1970; [F.R. Doc. 70-13572; Filed, Oct. 8, 1970; 8:51 a.m.] 8:49 a.m.] [Docket No. 22354] SURF AIR, INC., AND GEORGIA [Docket No. 22329] HIGHWAY EXPRESS, INC. CIVIL AERONAUTICS BOARD MARTIN’S LUCHTVERVOER Notice of Proposed Approval [Docket No. 18608, etc.; Order 70-10-23] MAATSCHAPPIJ N.V. Joint application of Surf Air, Inc., and Georgia Highway Express, Inc., for «¡J ALITALIA-LINEE AEREE ITALIANE- Notice of Further Postponement of claimer of jurisdiction, or approval oi S.p.A. Hearing acquisition under section 408 of the Fed­ Order Severing and Consolidating De­ Notice is hereby given, pursuant to the eral Aviation Act of 1958, as amende , ferred Renewal Application and provisions of the Federal Aviation Act of OOQRA Dismissing Proceeding Notice is hereby given, pursuant to the 1 Issued pursuant to Order E-20667, ap­ statutory requirements of section 408 (d Adopted by the Civil Aeronautics proved Apr. 8, 1964; and Order E-23820, ap­ Df the Federal Aviation Act of 1958, as Board at its office in Washington, D.C., proved June 14, 1966. The foreign air carrier amended, that the undersigned intends on the 5th day of October 1970. permit issued pursuant to the latter order to issue the attached order under dele­ By Order E-25823, October 11, 1967, was renewed for a period of 2 years by order the Board directed Alitalia-Linee Aeree 70-1-98, approved Jan. 19,1970. gated authority. Interested persons are

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 NOTICES 15947 hereby afforded a period of 15 days from major airports such as Atlanta, and, in light 385.13 and 385.3, it is found that the fore­ the date of service within which to file of daily service by Express to Atlanta, a sub­ going control relationships should be ap­ comments or request a hearing with re­ stantial volume of air freight will be gen­ proved without hearing, under section 408(b) erated out of Atlanta.® In view of the fore­ of the Act, and that- the application to the spect to the action proposed in the order. going, the applicants contend there would extent it requests a disclaimer of jurisdiction Dated at Washington, D.C., October 5, be no incentive for Express to move ship­ or exemption with respect to such control 1970. ments to Chicago by rail. relationships should be denied and dismissed. No comments or requests for a hearing have Accordingly, it is ordered, That: Issued tinder delegated authority. been received. 1. The proposed purchase by Express of O rder o f Approval Notice of intent to dispose of the applica­ certificate ICC MC-52535 from Tim’s be and tion without hearing has been published in it hereby is approved; By joint application filed July 10, 1970, 2. The approval herein shall be effective Georgia Highway Express, Inc. (Express), the F ederal R egister and a copy of such no­ tice has been furnished to the Attorney Gen­ only as long as the operation of motor vehi­ and its wholly owned subsidiary, Surf Air, cles by Express pursuant to the Tim’s cer­ Inc. (Surf), request the Board to disclaim eral, not later than the day following such publication, both in accordance with section tificate is confined to the area defined in jurisdiction over, or in the alternative, to certificate ICC MC—52535 as in effect on the approve or exempt, pursuant to section 408 408(b) of the Act. date hereof; and of the Federal Aviation Act of 1958, as Upon consideration of the application, it 3. To the extent not granted herein, the amended (the Act), the acquisition by Ex­ is concluded that the transaction involves application in Docket. 22354 be and it hereby press from Tim’s Motor Service, Inc. (Tim’s), the acquisition by a person (Express) con­ is denied and dismissed. of Interstate Commerce Commission (ICC) trolling an air carrier (Surf) of the operating Persons entitled to petition' the Board for Certificate of Public Convenience and Neces- rights of a common carrier. (Tim’s) within review of this order pursuant to the Board’s sity No. MC—52535 (ICC MC-52535) issued the meaning of section 408 of the Act, and regulations, 14 CFR 385.50, may file such peti­ to Tim’s on July 28,1960. that Board approval of the transaction may tions within 5 days after the date of service Express is a short-haul motor common be required.1 Further, the transaction does of this order. carrier of general commodities operating in toot affect or modify the control by Express This order shall be effective and become the States of Alabama, Florida, Georgia, and of Surf, does not affect the control of an the action of the Civil Aeronautics Board Tennessee. By Order 70-4-85, April 17, 1970, air carrier directly engaged in the operation upon expiration of the above period unless Docket 22015, the Board exempted, pursuant of aircraft in air transportation, does not within such period a petition for review to section 408.(a) (5) of the Act, the estab­ result in the creation of a monopoly and does thereof is filed, or the Board gives notice lishment by Express of Surf as an independ­ not restrain competition. Furthermore, no that it will review this order on its own ent corporation for the purpose of engaging person disclosing a substantial interest in motion. in activity as a domestic and international the proceeding is currently requesting a air freight forwarder under Parts 296 hearing, and it is found that the public in­ [ seal] H arrt J . Zi n k , 297 of the Board’s Economic Regulations.1 In terest does not require a hearing. It appears Secretary. the instant transaction, Express will acquire that certificate ICC MC—52535 being acquired [F.R. Doc. 70-13571; Filed, Oct. 8, 1970; from Tim’s, subject to approval by the Board by Express will provide motor common car­ 8:49 a.m.] and the ICC, Certificate ICC MC-52535, cov­ rier rights only within the State of Illinois ering the transportation of general commodi­ and the routes operated under such rights ties over intrastate Illinois routes to and will remain short-haul in nature and will not from Chicago, HI.1» tie in with the existing routes of Express. In Express contemplates the use of such ac­ this light, it does not appear that the motor quired intrastate transportation rights to carrier operations of Express, upon consum­ INTERIM COMPLIANCE PANEL establish joint motor-rail-motor service, in mation of the acquisition of Tim’s ICC cer­ conjunction with the Louisville and Nash­ tificate, will assume significantly different (COAL MINE HEALTH AND ville Railroad Co. (L&N), for the transporta­ proportions and thus, result in a conflict of tion of goods in trailer loads from certain interest between such operations and the air points in Illinois to Chicago and thence, via freight activities of Surf.* However, should SAFETY) rail, to a point in the South connecting with Express further expand its operating author­ the motor carrier services of Express.2 ity in any manner, new issues would be MAVERICK MINING CORP. ET A L The application contends that the sub­ raised which could only be resolved upon Notice of Opportunity for Public stance of the transaction will have no effect the filing of a further application for prior air transportation, but that, to the extent Board approval. In view of the foregoing, it Hearing that Express will be strengthened, the parent is not found that approval of the control Applications for Renewal Permits for corporation will be in an even better posi­ relationships, to the extent that such ap­ Noncompliance with the Interim Manda­ tion to assist Surf. It is further asserted that proval is necessary, pursuant to section 408 tne acquisition of certificate ICC MC-52535 of the Act, would be inconsistent with the tory Dust Standard (3.0 m.g./m.a) have of ^ VeTno adverse effect on the operations public interest provided that such approval been accepted for consideration as If* I , . this connection, the application is made effective only as long as the, opera­ follows: Surf depends on the gathering' tion of motor vehicles by Express, pursuant (1) ICP Docket No. 10126, Maverick ana distribution facilities of Express into to the Tim’s certificate, is limited to the area Mining Corp. Mine No. 1, USBM ID No. defined in certificate ICC MC-52535 as in 44 01586 0, Harman, Buchanan County, affect on the date hereof. In addition, it is tlme of the application in Dock not found that the conditions of section 408 Va., section ID No. 001 (Mains). 22015 Express held operating authorizatio: will be unfulfilled. The Board has approved (2) ICP Docket No. 10123, Maverick a domestic and international air freig: similar transactions in the past. The appli­ Mining Corp. Mine No. 3, USBM ID No. forwarder. Since issuance of Order 70-4r-i cation under review presents no substantive 44 01586 0, Harman, Buckanan County, authorizations have been revoked ai issues which would warrant disapproval at Va., section ID No. 001 (Mains). new authorizations issued to Surf. this time. (3) ICP Docket No. 10156, Ed Potter v * acqulsltion agreement between Tin Pursuant to authority duly delegated by tn SprfiS indicates that the purchase pri the Board in the Board’s regulations, 14 CFR Coal Co. No. 2 Mine, USBM ID No. 44 Tin?>! by ExPress for the certificate 01516 0, Hurley, Buchanan County, Va., with 1S $50,000> $5.000 of which was deposit« section ID No. 001 (South West Mains). , . an escrow agent upon signing* tl ®It appears that Express will remain a (4) ICP Docket No. 10316, Winding of th^ICC^1 be PaId ln CaSh upcm aPProv short-haul motor common carrier and will Gulf Coals, Inc., Clifftop No. 1 Mine, not qualify as a long-haul motor carrier as tem^atJ^PPliCation indicates that the cm defined in §§ 296.1(d) and 297.1(e) of the USBM ID No. 46 01306 0, Clifftop, Fay­ S S anT gement with L&N will ei Board’s Economic Regulations, inasmuch as ette County, W. Va., section ID No. 001 S t i Snrt +£° establish Joint routes ai it will not, in the case of either its present (Mains Retreat). through m’rttthUS’., the Performance of rights or those rights to be acquired from (5) ICP Docket No. 10323, Winding In thf0h motor-rail-motor joint line servic Tim’s, hold ICC authority to haul general Gulf Coals, Inc., Winding Gulf No. 4 Smes Z f w i0n> the ^¿“cation als™ commodities between any pairs of points Mine, USBM ID No. 46 01515 0, East Gulf, tabiiKhr^118^ ExPress contemplates the e which are over 500 air miles apart. rOUtes wftn other mot« 4 Cf. Air Freight Forwarder Case, 9 CAB Raleigh County, W. Va., section ID No. The tr a f fw ^ ing into and °« t of Chicag 473 (1948). 001 (1st Left off 1 Main). cago as Dart Wil1 move out of Ch 5 Cf. Order E-23810, June 13, 1966 (Drake (6) ICP Docket No. 10529, R & W Coal to co ^ ? ff ^ +^ v . motor'rail-motor servi, Motor Lines, Inc., and Shulman, Inc.). Also Co., USBM ID No. 44 01498 0, Hurley,- Egress in thT^utS! authority ( see Order 70-7-31, July 7, 1970 .(Airborne Buchanan County, Va„ section ID No. Freight Corp. and Awawego Delivery, Inc.). 001 (Main Headings).

FEDERAL REGISTER, V O L 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15948 NOTICES (7) ICP Docket No. 10753, Bethlehem cation, in order to be considered with any upon the application by that time pur­ Mines Corp. Mine No. 117 UG Mine, domestic public radio services applica­ suant to the first alternative earlier date. USBM ID No. 46 01497 0, Kayford, Ra­ tion appearing on the list below, must be The mutual exclusivity rights of a new leigh County, W. Va., section ID No. 001 substantially complete and tendered for application are governed by the earliest (South Mains). filing by whichever date is earlier: (a) action with respect to any one of the (8) ICP Docket No. 10784, Peabody The close of business 1 business day pre­ earlier filed conflicting applications. Coal Co., River King Underground No. 1 ceding the day on which the Commission ^ The attention of any party in interest Mine, USBM ID No. 11 00725 0, Freeburg, takes action on the previously filed appli­ desiring to file pleadings pursuant to St. Clair County, 111., section ID No. 001 cation; or (b) within 60 days after the section 309 of the Communication Act (Main Bottom). date of the public notice listing the first of 1934, as amended, concerning any (9) ICP Docket No. 10813, Harman prior filed application (with which sub­ domestic public radio services applica­ Mining Corp., Mine No. 3, USBM ID No. sequent applications are in conflict) as tion accepted for filing, is directed to 44 01519 0, Harman, Buchanan County, having been accepted for filing. An appli­ § 21.27 of the Commission’s rules for Va., section ID No. 003 (1st South), 001 cation which is subsequently amended by provisions governing the time for filing (2d Left), and 002 (3d Left). a major change will be considered to be and other requirements relating to such (10) ICP Docket No. 10857, Harman a newly filed application. It is to be noted Mining Corp., Mine No. 2, USBM ID No. that the cutoff dates are set forth in the pleadings. 44 01518 0, Harman, Buchanan County, alternative—applications will be entitled F ederal Communications Va., section ID No. 004 (2d Right). to consideration with those listed below Commission, (11) ICP Docket No. 10891, Harris­ if filed by the end of the 60-day period, [seal] B en F. W aple, burg Coal Co., Inc., No. 1 Mine, USBM only if the Commission has not acted Secretary. ID No. 11 00629 0, Marion, Williamson County, HI., section ID No. 001 (1st East A pplications A c c e p t e d f o e F i l i n g off Main South). DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE In accordance with the provisions of section 202 (b) (4) of the Federal Coal File No., applicant, call sign, and nature of application Mine Health and Safety Act of 1969 4789-C2-P—70—Marsh Media, Ltd. (New), C.P. for a new 2-way station to be located at (83 Stat. 742, et seq., Public Law 91-173), 2.7 miles west of U.S. Route 87, 10.4 miles north of Amarillo, Tex;, to operate on frequency notice is hereby given that requests for 454.025 MHz. public hearing as to an application for 1674— C2—P—71—Am-Tex Dispatch Service (New), C.P. for a new 1-way. station to be located renewal may be filed within 15 days after at 1800 West Second Street, AmarUlo, Tex., to operate on frequency 152.24 MHz. publication of this notice. Requests for 1675— C2—MP—71—Delta Valley Radiotelephone Co., Inc. (KMA743), Modification of C.P. to public hearing must be completed in replace the base transmitter operating on 454.325 MHz and change the antenna system accordance with 30 CFR, Part 505 (35 located at 3502 Kroy Way, Sacramento, Calif. F.R. 11296, July 15, 1970), copies of 1676— C2—P—71—South Central Bell Telephone Co. (KQK779), C.P. to add frequency 152.57 which may be obtained from the Panel MHz at station located at 243 East Second Street, Pass Christian, Miss. on request. 1681—C2—P—71—Area-Wide Paging System, Inc. (New), C.P. for a new 2-way station to be A copy of the application is available located at the Terminal Tower Building, Cleveland, Ohio, to operate on frequency for inspection and requests for public 454.325 MHz. hearing may be hied in the office of the 1702- C2-P-71—Liberty Communications, Inc. (KCI310), C.P. for additional 1-way facilities Correspondence Control Officer, Interim to operate on frequency 35.58 MHz, at a new location described as location No. 3: 1 Straw­ Compliance Panel, Suite 800, 1730 K berry Hill Court, Stamford, Conn. Street NW., Washington, D.C. 20006. 1703- C2-P-71—Industrial Communications, doing business as Morgan City Mobilephone (KFJ896), C.P. for additional 2-way facilities to operate on frequency 152.21 MHz at a new G eorge A. Hornbeck, site described as location No. 2: 0.75 mile north of Highway No. 90, on River Road, Chairman, Berwick, La. Interim Compliance Panel. 1704- C2-P-71—Industrial Communications, doing business as Morgan City Mobilephone (KFJ896), C.P. to relocate the 2-way facilities operating on 152.12 MHz to 0.75 mile north O ctober 5, 1970. of Highway No. 90, on River Road, Berwick, La. [FR. Doc. 70-13620; Filed, Oct. 8, 1970; 1732- C2-P-71—RAM Broadcasting of the Caribbean, Inc. (New), C.P. for a new air-ground 8:46 a.m.] station to be located at Edificio Darlington, No. 10 Hostos Avenue, Ponce, P.R., to operate on frequency 454.925 MHz base and 454.675 MHz signaling. 1733- C2-P-71—RAM Broadcasting of the Caribbean, Inc. (New), C.P. for a new air-ground station to be located at Edificio Darlington, 165 Mendez Vigo Street, Mayaguez, PR., to FEDERAL COMMUNICATIONS operate on frequency 454.975 MHz base and 454.675 MHz signaling. 1734- C2-P-(3)-71—RAM Broadcasting of the Caribbean, Inc. (New), C.P. for a new air- ground station to be located at Aqueduct Hill Road, northeast of Plantade Purification, COMMISSION Frailes, P.R., to operate on frequencies 454.775, 454.825, and 454.875 MHz base and 454.675 [Report No. 612] MHz signaling. COMMON CARRIER SERVICES 1735- C2-P-71—Massachusetts-Connecticut Mobile Telephone Co. (KQZ747), C.P. to add standby facilities on 158.70 MHz. Station location: 750 Main Street, Hartford, Conn. INFORMATION 1 1747-C2-P-71—Texas Telephone & Telegraph Co. (KLB517), C.P. to replace the base trans­ Domestic Public Radio Services mitter operating on 152.78 MHz and change the antenna system located near Davy Applications Accepted for Filing 2 Crockett Memorial Park, Crockett, Tex. 1783—C2-P-71—Marsh Media, Ltd. (New), C.P. for a new 1-way station to be located at 2.7 October 5, 1970. miles west of U.S. Route 87,10.4 miles north of Amarillo, Tex. Pursuant to §§ 1.227(b)(3) and 21.30 1787-C2-MP-(8) 71—Radio Relay Corp. (KEC745), Modification of C.P. to retain the existing (b) of the Commission’s Rules, an appli- transmitters now operating on 43.22 MHz at locations Nos. 1 through 8, in addition o those added under (C.P. 6383-C2-P-(9)-69), on Public Notice dated May 5, 1969, o 1 All applications listed below are subject to replace same. All other particulars to remain the jsame. further consideration and review and may be returned and/or dismissed if not found to Major Amendment be in accordance with the Commission’s rules, regulations, and other requirements. 5143-C2-P-(2)-70—Page Boy, Inc. (KAA285), Amended to change frequency to 152.12 MHz. »The above alternative cutoff rules apply All other particulars remain the same as reported on Public Notice dated Mar. 23, ■ to those applications listed below as having Report No. 484. been accepted in Domestic Public Land Mo­ , Correction bile Radio, Rural Radio, Polnt-to-Point Mi­ crowave Radio, and Local Television Trans­ 7520-C2-P-70—Tel-Car, Inc. (KLF590), Correct Call Sign to read: KLF490. All other par­ mission Services (Part 21 of the rules). ticulars same as reported on Public Notice dated May 25, 1970. Report No. 493.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 Informative POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) -----c o n t i n u e d . 1669- C2—P/lr-71—Aero-Mayflower Transit Co., Inc. Applicant has filed an application for 1742- C1-P-71—New England Telephone & Telegraph Co. (KCL58), C.P. to change frequencies 2,500 Individual mobile units using facilities of Wireline Common Carriers throughout the to 11,225, 11,265, 11,305, 11,465, 11,505, 11,545, 11,585, and 11,625 MHz toward Tiverton, continental United States. Mass. Station location: 326 North Main Street, Fall River, Mass. 1670- C2-P/Ii-71—North American Van Lines, Inc. Same as above, except, requested au­ 1743- C1-P-71—New England Telphone & Telegrlaph Co. (KCL59), C.P. to change fre­ thority to use 200 mobile units. quencies 10,835,10,915, 11,075 and 11,155 MHz to: 10,815,10,855, 11,055 and 11,175 MHz and 1671- C2-P/L-71—Burnham Van Service, Ino. Same, except, requested authority to use 100 add 10,735, 10,895, 11,095 and 11,135 MHz toward Fall River, Mass., and change frequencies mobile units. 5989.7 and 6049.0 MHz to 5997.1 and 6056.4 MHz and add 5967.4, 6145.3, 10,715, and RURAL RADIO SERVICE 10,875 MHz toward Acushnet, Mass. Station location: Pocassett Avenue, Tiverton, R.I. 1677-C1-P/L-71—The Mountain States Telephone & Telegraph Co. (New), C.P. and license 1744- C1-P-71—New England Telephone & Telegraph Co. (KCL60), C.P. to change frequencies for a new rural subscriber station to be located at 36 miles west of Midwest, Wyo. Sub­ 6271.4 and 6330.7 MHz to: 6249.1 and 6308.4 MHz and add 6219.5, 6397.4, 11,325, and 11,645 scriber: Buffalo Creek Ranch, to operate on frequency 157.77 MHz. MHz toward Tiverton, R.I., and change 6241.7, 6301.0, 11,285, and 11,525 MHz to 6234.3, 1679—Cl—P/L-71—The Mountain States Telephone & Telegraph Co. (New), O.P. and license 6293.6, 11,505, and 11,665 MHz and add 6204.7, 6264.0, 11,265, and 11,345 MHz toward for a new rural subscriber station to be located at 2.25 miles southeast of Eureka, Utah, to Falmouth, Mass. Station location: Mendall Road, Acushnet, Mass. operate on frequency 157.86 MHz, communicating with statiqn KON913, Payson, Utah. 1745- C1-P-71—New England Telephone & Telegraph Co. (KCL61), C.P. to change fre­ 1736- C1-P/L-71—South Central Bell Telephone Co. (New), C.P. and license for a new rural quencies 6019.3, 6078.6, 10,835, and 11,070 MHz to: 5982.3, 6041.6, 10,775, and 11,095 MHz subscriber station to be located at approximately 9 miles northeast of Lake Charles, La. and add 5952.6, 6011.9 10,855, and 10,935 MHz toward Acushnet, Mass., and change 10,795, Subscriber: Silas Pierce Booth, to operate on 157.77 MHz communicating with station and 11,035 MHz to: 10,915, and 11,075 MHz and add 6026.7, 6145.3, 10,835, and 11,155 mtt-* KKI448, Lake Charles, La. toward Hyannis, Mass. Station location: Blacksmith Shop Road, Falmouth, Mass. 1737- C2-P-71—The Mountain States Telephone & Telegraph Co. (KPL21), C.P. to replace 1746- Cl—P—71—New England Telephone & Telegraph Co. (KCL62), C.P. to change frequencies transmitter operating on frequency 157.77 MHz, located at 69.5 miles northeast of Casper, 11,245, and 11,485 MHz to: 11,365, and 11,525 and add 6278.8, 6397.4,11,285, and 11,605 Tvmv Wyo., communicating with station KPQ20, Casper, Wyo. Subscriber: Hal Mathiason Ranch. toward Falmouth, Mass. Station location: 50 Ocean Street, Hyannis, Mass. 1748- C1-P-71—Florida Telephone Corp. (New), C.P. for a new station to be located at 300 POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) feet south of the north gate on country road of Walt Disney World, Fla, Frequencies: 1705- C1-P-71—South Central Bell Telephone Co. (KVH85), C.P. to add frequency 10,795 6286.19 and 10,835 MHz toward Winter Garden, Fla. MHz toward Jackson, Miss. Station location: 201-9 East Capitol Street, Jackson, Miss. 1749- C1-P—71—Florida Telephone Corp. (KI044), C.P. to add frequencies 6063.8 and 11,605 1706- C1-P-71—The Pacific Telephone & Telegraph Co. (KME46), C.P. to add frequencies MHz toward Walt Disney World, Fla. Station location: Winter Garden, Fla. 6189.8 and 6308.4 MHz toward Black Mountain, Calif. Station location: 3848 Seventh 1750- C1-P—71—New England Telephone & Telegraph Co. (KCL54), C.P. to add frequency 6356.5 MHz toward Marshfield, Mass. Station location: 185 Franklin Street, Boston, Mass.

Avenue, San Diego, Calif. NOTICES 1707- C1-P-71—The Pacific Telephone & Telegraph Co. (KME47), C.P. to change frequencies 1751- C1-P—71—New England Telephone & Telegraph Co. (KVH81), C.P. to add frequency to: 5960.0, 11,385, and 11,545 MHz toward Corona, Calif, and 11,885 and 11,625 MHz toward 6004.5 MHz toward Boston and Berkley, Mass. Station location: 0.9 mile south-southeast Olinda, Calif. Station location: 217 North Lemon Street, Anaheim, Calif. of Marshfield, Mass. 1708- C1-P-71—The Pacific Telephone & Telegraph Co. (KNL78), C.P. to add frequencies 7152-C1-P-71—New England Telephone & Telegraph Co. (KVH82), C.P. to add frequency 6356.5 MHz toward Marshfield and Fall River, Mass. Station location; Green Street, 1 mile 10,755 and 10,915 MHz toward San Clemente, Calif., and add 6271.4, 10,975, and 11,135 south of Berkley, Mass. MHz toward Anaheim and delete frequency 11,155 MHz toward Anaheim, Calif. Station location: 3.5 miles east of Corona Del Mar, Calif. 1753—Cl—P-71—New England Telephone & Telegraph Co. (KCL58), C.P. to add 6004.5 mttt: 1709- C1-P-71—The Pacific Telephone & Telegraph Co. (KNL79), C.P. to add frequencies toward Berkley, Mass. Station location: 326 North Main Street, Fall River, Mass. 11,345 and 11,665 MHz toward San Marcos, Calif., and 11,365 and 11,685 MHz toward Corona American Telephone & Telegraph Co. Twenty-nine C.P. applications to provide Type TD-2 radio relay channels and Raytheon Manufacturing Co., Type KTR-3A11 plant mainte­ Del Mar, Calif. Station location: 2 miles northeast of San Clemente, Calif. nance channels on existing radio relay routes. 1710- C1-P-71—The Pacific Telephone & Telegraph Co. (KNL80), C.P. to add frequencies 6241.7 and 11,075 MHz toward Black Mountain, Calif., and 10,775 and 10,935 MHz toward 1755- C1-P-71—American Telephone & Telegraph Co. (KRR69), Add frequency 11,225 and 11,465 MHz toward Salt Lake City Junction, Utah. Station location: 70 South State Street, San Clemente, Calif. Station location: 3.5 miles northeast of San Marcos, Calif. Salt Lake City, Utah. 1711- Cl—P—71—The Pacific Telephone & Telegraph Co. (KNL94), C.P. to add frequencies 5937.8 and 6056.4 MHz toward San Diego, Calif., and 6049.0 and 11,445 MHz toward San 1756- Cl—P—71—American Telephone & Telegraph Co. (KOB26), C.P. to add 4030 MHz toward Stansbury and 10,815 and 11,055 MHz toward Salt Lake City, Utah. Station location: 3100 Marcos, Calif. Station location: Black Mountain, 5.4 miles west-northwest of Poway, Calif. Kennedy Drive, Salt Lake City Junction, Utah. 1712- C1-P-71—The Pacific Telephone & Telegraph Co. (KNM43), C.P. to change frequencies 1757- C1—P—71—American Telephone & Telegraph Co. (KOB25), Add frequency 4070 m b ? to 10,735 and 10,975 MHz toward Anaheim, Calif. Station location: 2 miles north-northeast of Olinda, Calif. toward Salt Lake City Junction and Cedar Mountain, Utah. Station location: 7 miles east of Timpe, Utah (Stansbury Island). 1738- C1-P-71—Southern Bell Telephone & Telegraph Co. (KJA89), C.P. to add frequencies 1758- C1-P-71—American Telephone & Telegraph Co. (KOB24), Add frequency 4030 MTTg 11,365 and 11,605 MHz toward Charlotte, N.C. Station location: 208 North Caldwell Street, toward Stansbury Island and Barro, Utah. Station loction: 5 miles northeast of Low, Utah Charlotte, N.C. (Cedar Mountain). 1739- C1-P-71—Southern Bell Telephone & Telegraph Co. (KTF62), C.P. to add frequencies 10,915 and 11,155 MHz toward Charlotte, N.C. Station location: 1 Telstar Lane, Char­ 1759- C1-P-71—American Telephone & Telegraph Co. (KOB23), Add frequency 4070 m b » lotte, N.C. toward Cedar Mountain, Utah and Wendover, Nev. Station location: 4.5 miles west of Barro, 1740- C1-P-71—The Mountain States Telephone & Telegraph Co. (KPR61), C.P. to change Utah. frequency 6293.6 MHz to 6412.2 MHz toward South Pass, Wyo. Station location: 602 East 1760- C1-P—71—American Telephone & Telegraph Co. (KOB91), Add frequency 4030 MHz Washington Street, Riverton, Wyo. toward Barro, Utah, and Rocky Point, Nev. Station location: 3 miles west-northwest of 1741- Cl—P—71—The Mountain States Telephone & Telegraph Co. (KPZ67), C.P. to change Wendover, Nev. frequency 6041.6 MHz to 6160.2 MHz toward Riverton, Wyo. Station location: 3.1 miles 1761- C1—P—71—American Telephone & Telegraph Co. (KOB70), Add frequency 4070 mhz north-northeast of Atlantic City, Wyo. toward Wendover and Ruby, Nev. Station location: Rocky Point, near Wells, Nev. 15949

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 Correction 15950 POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)----C o n ti n u e d 1762- C1-P-71—American Telephone & Telegraph Co. (KOB81), Add frequency 4030 MHz Renewal of License filed by Southwestern Bell Telephone Co. for Station KKW26 was toward Rocky Point and Adobe Hill, Nev. Station location: Ruby, near Wells, Nev. erroneously omitted from Public Notice dated June 29, 1970. 1763- Cl—P—71_American Telephone & Telegraph Co. (KOB82), Add frequency 4070 MHz POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE) toward Ruby and Tuscarora, Nev. Station location: Adobe Hill, near Elko, Nev. 1701-C1-TC-(10)-71—Micro-Relay, Inc. Consent to transfer of control of Micro-Relay, Inc., 1764- Cl—P—71—American Telephone & Telegraph Co. (KOB83), Add frequency 4030 MHz from: Group W. Program Sales, Inc. (formerly named WBC Program Sales, Inc.). Trans­ toward Adobe Hill and Argenta, Nev. Station location: Tuscarora, near Carlin, Nev. feror to: Westinghouse Broadcasting Co., Inc. Transferee. Stations: KJL89, Monticello, 1765- Cl-P-71—American Telephone & Telegraph Co. (KOB84), Add frequency 4070 MHz toward Tuscarora and Fish Creek, Nev. Station location: Argenta, near Battle Mountain, Ga.; KJL 91, Milledgeville, Ga.; KJL92, McIntyre, Ga.; KJL93, Dublin, Ga.; KJL94, Helena, Ga.; KJL95, Lott, Ga.; KJL96, Nashville, Ga.; KVU75, Valdosta, Ga.; KVU76, Pavo, Ga.; Nev. 1766- Cl—P-71—American Telephone & Telegraph Co. (KOB85), Add frequency 4030 MHz KRW93, Pine Park, Ga. 1754-Cl-AL-(2)-71—Electronics, Inc. Consent to assignment of licenses from: Electronics, toward Argenta, and Stillwater Range, Nev. Station location: Fish Creek, near Battle Inc. Assignor to: Southeastern Microwave Co. Assignee. Stations: KJE51, near Stuart, Fla.; Mountain, Nev. . , , „ ___ KJE52, near Fort Pierce, Fla. 1767- C1-P-71—American Telephone & Telegraph Co. (KOB86), Add frequency 4070 MHz 1786-C1-P-71—Western Tele-Communications, Inc. (KPT21), C.p. to add frequencies 11,325, toward Fish Creek and Wild Horse, Nev. Station location: Stillwater Range, near Lovelock, mttv. toward Salt Lake City, Utah (latitude 40°43'25" N., longitude 111°51'17" W.), on Nev. azimuth of 63°31'. Station location: Nelson Peak, 18 miles southwest of Salt Lake City, 1768- C1-P-71—American Telephone & Telegraph Co. (KOB87), Add frequency 4030 MHz toward Stillwater Range and Hot Springs, Nev. Station location: Wild Horse, near Lovelock, Utah. (Informative: Applicant proposes to provide two channels of nonbroadcast video pro­ 1769- C1-P-71—American Telephone & Telegraph Co. (KOB88), Add frequency 4070 MHz to­ graming to Community Television of Utah, Inc., in Salt Lake City, Utah. This service is an ward Wild Horse and Churchill Butte, Nev. Station location: Hot Springs, near Carson extension of the proposed nonbroadcast service to be transmitted by Sierra Microwave Inc., Sink, Nev. . „„„ between Mount Vaoa, Calif., and Nelson Peak, Utah, as proposed in Applications Files Nos. 1770- C1-P-71—American Telephone & Telegraph Co. (KOB89), Add frequency 4030 MHz 7173 through 7183-C1-P-66. See amendment to applications files Nos. 7173 through 7183- toward Hot Springs, Nev. Station location: Churchill Butte, 6.5 miles southwest of Silver Cl-P-66, this Public Notice.) Springs, Nev. v 1788— C1-MP-71—New York-Penn Microwave Corp. (WDD76), Modification of C.P. to add 1771- K31—P-71—American Telephone & Telegraph Co. (KMC34), Add frequency 3910 MHz point of communications at WITF-TV in Hershey using frequency 10,775 MHz on azimuth toward Sacramento, Calif. Station location: Wolf Creek, 6 miles southwest of Grass Valley, 90°00'. Location: 169 West Chocolate Avenue, Hershey, Pa., at latitude 40°17'07'' N., Calif, longitude 76°39'15'' W. 1789— Cl—P-71—New York-Penn. Microwave Corp. (New), C.P. for a new station at Choco­ 1772- C1-P-71—American Telephone & Telegraph Co. (KMC33), Add frequency 3870 MHz NOTICES toward Wolf Creek, Calif. Station location: 1407 J Street, Sacramento, Calif. late and Cocoa Avenues in Hershey, Pa., at latitude 40°17'07" N., longitude 76°38'55'' W. 1773- C l-P-7i—American Telephone & Telegraph Co. (KAB24), Add frequency 4010 MHz Frequency 1,385 MHz on azimuth 270°00'. toward Critchell, Colo. Station location: 931 14th Street, Denver, Colo. 1790— Cl-MP-71—New York-Penn. Microwave Corp. (WDD71), Modification of C.P. to change 1774- C1-P-71—American Telephone & Telegraph Co. (KAY83),Add frequency 3890 MHz station location to Pulpit Rock, 3 miles northeast of Hamburg at latitude 40°35'50" N., toward Denver, Colo., and 3970 MHz toward West Creek, Colo. Station location: Critchell, longitude 75°56'04" W. Frequencies: 10,935 and 11,015 MHz on azimuth 124°14', and 4.1 miles north-northwest of South Platte, Colo. 10,735 and 11,135 MHz on azimuth 251°57\ 1775- C1-P-71—American Telephone & Telegraph Co. (KAY69), Add frequency 3930 MHz 1791— >Cl-MP-71—New York-Penn Microwave Corp. (WDD83), Modification of C.P. to change toward Critchell, Colo., and 4090 MHz toward Calhan, Colo. Station location: 6.9 miles station location to Forbes, Bigelow and Fifth Avenue, Pittsburgh, Pa., at latitude east-westeast of West Creek, Colo. 40°26'39" N., longitude 79°57'12" W. Frequencies 6019.3 MHz on azimuth 74°08\ and 11,265 MHz on azimuth 77°38\ 1776- C1-P-71—American Telephone & Telegraph Co. (KAV54), Add frequency 3970 MHz to­ 1792— Cl—MP—71—New York-Penn Microwave Corp. (WDD86), Modification of C.P. to change ward West Creek, Colo., and 4050 MHz toward Truckton, Colo. Station location: 2.5 miles station near Cobham, Pa., to latitude 41°44'09" N., longitude 79°15'14" W. Frequencies: south-southwest of Calhan, Colo. 6004.5 MHz on azimuth 176°34', and frequency 6123.1 MHz on azimuth 311° 14'. 1777- C1-P-71—American Telephone & Telegraph Co. (KAV53), Add frequency 4010 MHz toward Calhan, Colo., and 4090 MHz toward Boone, Colo. Station location: 3.3 miles south­ Major Amendment west of Truckton, Colo. 5093-C1-P-70—New York-Penn Microwave Corp. (KGP37), Major amendment: Change lo­ 1778- C1-P-71—American Telephone & Telegraph Co. (KAU62), Add frequency 3970 MHz cation of Clearfield, Pa., receiving site to latitude 41°03'51'' N., longitude 78°31'02'' W., toward Truckton, Colo., and 4050 MHz toward Cedarwood, Colo. Station location: 10.7 and change azimuth to 230°42'. Frequencies: 6212.1 and 6271.4 MHz. All other particulars miles northeast of Boone, Colo. same as reported in Public Notice dated Mar. 16, 1970. 1779- Cl-P—71—American Telephbne & Telegraph Co. (KAS85), Add frequency 4010 MHz to­ Major Amendment ward Boone, Colo. Station location: 8.9 miles northeast of Cedarwood, Colo. 7173 through 7183-C1-P-66—Sierra Microwave, Inc. Applications, file Nos. 7173 through 1780- C1-P-71—American Telephone & Telegraph Co. (KAC30), Add frequency 3830 MHz 7183-C1—P-66, filed on May 25, 1966, for purpose of relaying two San Francisco, Calif., toward Peetz, Colo. Station location: 4.5 miles southeast of Julesburg, Colo. television signals (KTVU-TV and KNEW-TV) to Nelson Peak, Utah, are amended to 1781- C1-P-71—American Telephone & Telegraph Co. (KAB29), Add frequency 3790 MHz change the nature of the intelligence to be transmitted tq two channels of nonbroadcast toward Atwood, Colo. Station location: 10 miles east of Peetz, Colo. video programing that would originate in the San Francisco area. N o t e : Applicant 1782- C1-P-71—American Telephone & Telegraph Co. (KAB28), Add frequency 3830 MHz proposes to extend this service via interconnecton, to Salt Lake City (CATV), Utah. toward Fort Morgan, Colo. Station location: 5.5 miles southeast of Atwood, Colo. For full particulars, see also Western Tele-Communications, Inc., file No. 1786-C1-P-71, this Public Notice. 1783- C1-P-71—American Telephone & Telegraph Co. (KAB27), Add frequency 3790 MHz toward Prospect Valley, Colo. Station location: Fort Morgan, 6.5 miles northwest of Snyder, [F.R. Doc. 70-13591; Filed, Oct. 8, 1970; 8:51 a.m.] Colo.

FEDERAL REGISTER, VOL. 3 5 , 197— FRIDAY, OCTOBER 9, 1970 NOTICES 15951

[Docket No. 19031; FOC 70-1056] (b) The method used to arrive at the replies, briefs, pleadings, or other state­ consideration received for such facilities, ments filed in this proceeding shall be USE OF COMMUNICATION FACILITIES including: furnished to the Commission. IN U.S. BY FOREIGN ENTITIES (i) A statement of how such consider­ Adopted: September 30, 1970. ation was determined; Notice of Inquiry (ii) A statement setting forth the dif­ Released: October 6, 1970. In the matter of establishment of reg­ ferences, if any, between such charges F ederal Communications ulatory policies pursuant to the Com­ or the value of other consideration, and Commission,2 munications Act of 1934 with respect to the charges made to the public for simi­ [seal] B en F. W aple, use of communication facilities in the lar facilities, i.e., leased voice grade Secretary. United States by foreign entities for circuits; communication traffic transiting the (iii) To the extent that there are dif­ [F.R. Doc. 70-13587; Filed, Oct. 8, 1970; United States. ferences, the justification therefor and 8:50 a.m.] 1. On May 13, 1970, the Commission the relationship of such differences to adopted its Memorandum Opinion and the prohibitions in section 202 of the [Docket No. 19012; FCC 70-1028] Statement of Policy, 23 FCC 2d 9 Communications Act of 1934 against un­ (May 13,1970) (35 F.R. 7908), regarding due discrimination; and MACON COUNTY BROADCASTING the acquisition of certain communica­ (iv) The extent to which the standard CO. tions facilities by U.S. carriers for transit of section 201 (b) of the Communications purposes at foreign points. To the extent Act of 1934, that all charges be just and Order and Notice of Apparent Liabil­ not covered by such decision, the Com­ reasonable, is applicable to such charges, ity Designating Application for mission is also concerned with the terms and the manner in which such standard Hearing on Stated Issues and conditions under which U.S. carriers should be applied. In regard application of William E. may make facilities available to foreign (c) Whether the charges, classifica­ Blizzard, Jr., trading as Macon County entities for the handling of communica­ tions, regulations, or practices govern­ Broadcasting Co., for broadcast license tions transiting the United States. The ing the lease to foreign entities for tran­ for station WMNZ, Montezuma, Ga., Commission recognizes that there pres­ siting traffic should be included in Docket No. 19012, File No. BL-12,604. ently exist a number of arrangements tariffs filed with this Commission under between certain of the U.S. carriers and section 203 of the Act and, if not, the 1. The Commission has before it for their respective foreign correspondents reasons for such a conclusion supported consideration the above-captioned ap­ in this respect. Under the responsibility by appropriate briefs. plication of William E. Blizzard, Jr., entrusted to it by the Congress, the Com­ (d) The anticipated future need for trading as Macon County Broadcasting mission is accordingly interested in the additional transiting facilities by year Co., for a broadcast license for Station nature of such arrangements and their through 1980; and WMNZ, Montezuma, Ga. effect on the industry and the public. (e) An itemized list of all agreements, 2. Station WMNZ, a 250 watt daytime 2. Accordingly, there is instituted here­ written or oral, with foreign entities only station, is licensed to serve Mon­ with, pursuant to sections 2(a), 4(i), 201, under which facilities are made available tezuma, Ga., and is the only station 202, 203, 214, and 403 of the Communi­ to the responding carrier for the located in Macon County, Ga. The sta­ cations Act of 1934, an inquiry into the handling of transiting traffic, and for tion was first licensed in May 1962 to nature and extent of all arrangements each such agreement, its terms, and con­ William E. Blizzard, Jr. and Lewis H. that have been entered into by the U.S. ditions, including: McKenzie, trading as Macon County carriers with any foreign entity involving (i) The name of the foreign entity; Broadcasting Co. In June 1963 the Com­ the use of U.S. communications facilities (ii) Hie date of the agreement; mission consented to the assignment of for the transiting of traffic, to determine (iii) The charges or other consid­ WMNZ’s license to William E. Blizzard, what policies the Commission should eration paid to the foreign entity, and Jr., trading as Macon County Broadcast­ adopt in this regard. Comments in reply the method used to arrive at such ing Co. (Applicant) who has operated the to this inquiry shall be filed with the consideration; station since that time. In view of the Commission by November 2, 1970, and matters discussed below, and taking into (iv) The number and type of circuits account applicant’s long record of failure reply comments by December 1,1970, and involved in each case; should be addressed to all matters to comply with the Commission’s rules, (v) The duration of the agreement; we are of the opinion that the above- deemed relevant, including:1 and (a) An itemized list of all agreements, captioned application for broadcast li­ written or oral, with foreign entities un­ (vi) The reciprocal rights, if any, cense should be designated for hearing to der which facilities are made available granted therewith to the foreign entity determine whether applicant is qualified to such entities for the handling of in the agreement. to be a broadcast licensee. transiting traffic, and for each such 3. in reaching a decision on this mat­ 3. Pursuant to § 1.539(a) of the Com­ agreement, its terms and conditions, ter, the Commission may also take into mission’s rules, an application for license including: account any other relevant information renewal must be filed at least 90 days (i) The name of the foreign entity; before it, in addition to the comments prior to the license expiration date. In (ii) The date of the agreement; invited by this notice. this respect, it is observed that WMNZ’s (iii) The charges made to or other 4. In addition to any comments which broadcast license was scheduled to expire consideration received from the foreign may be received from any party inter­ on April 1, 1970. Hence, pursuant to entity; ested in this matter, the following car­ § 1.539(a), WMNZ’s license renewal ap­ plication should have been filed on or (iv) Description and identification riers are specifically requested to respond to this inquiry: about January 2, 1970. The Commis­ (including the number and type) of cir­ sion’s records disclose, however, that cuit or circuits involved ; American Telephone & Telegraph Co. WMNZ’s license renewal application was (v) The duration of the agreement; ITT World Communications Inc. and RCA Global Communications, Inc. not filed until one day after the station’s Western Union International, Inc. license expiration date—i.e., April 2, (vi) The reciprocal rights, if ans Hawaiian Telephone Co. 1970, in violation of § 1.539(a) of the therewith by the foreign entit Tropical Radio Telegraph Co. Commission’s rules. Since licensee’s ap­ m the agreement. ITT Communications Inc.—Virgin Islands. plication was filed after WMNZ’s licensed All America Cables & Radio, Inc. term had expired, said application was French Cable Co. assigned a file number for a license to t° review of comments ar Cable & Wireless/Westem Union Interna­ tlie Commissi°n may set down f tional, Inc. cover a construction permit. The appli­ hearing or oral argument, or bat cation, however, has been processed as a feiLn^ tte£S raised- in this inquiry which 5. In accordance with § 1.419 of the license renewal application. suoh •toest 156 treated in the context Commission’s rules and regulations, an ch hearing or argument. original and 14 copies of all comments, 8 Commissioner Wells absent.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15952 NOTICES 4. With regard to the foregoing, theformation regarding the telephone sur­ period of 1 year ending on February 1, 1969, Commission notes that applicant’s fail­ vey complaint. Having received no reply rather than for the full license term. Upon the expiration of that term, the Commission ure timely to file the license renewal ap­ to the November 19, 1965, and Janu­ again had to remind the licensee on Febru­ plication for Station WMNZ represents ary 27, 1966, letters, or the March 17, ary 6, 1969, that exhibits referred to in its but another instance in a history of dila­ 1966, telegram, the Commission, by most recent renewal application (for which tory practices. That is, a review of the “Certified-Return Receipt Requested” it is now being assessed a forfeiture for late Commission's files indicates a pattern by letter dated May 17,1967, notified appli­ filing) had not been received. On March 11, applicant of failure timely to file reports cant that failure to submit the requested 1969, the Commission reminded the licensee and documents required by the Commis­ information concerning the telephone the exhibits still had not been received. On survey complaint within 20 days would March 26, 1969, the licensee was contacted sion’s rules, and failure to respond to personally in an effort to obtain the required official requests for information. In this result in dismissal of WMNZ’s pending exhibits. These exhibits were not complete regard, it is observed that by letter dated renewal application. On June 6,1967, ap­ when finally received, and on April 17, 1969, April 6, 1966, the Commission notified plicant finally submitted comments on the Commission requested additional infor­ applicant of apparent liability for for­ the survey confplaint. mation regarding the same renewal feiture in the amount of $150 for willful 6. In view of the explanations con­ application. or repeated violation of section 1.611 of tained in applicant’s letter of October 7, Following adoption of the above, appli­ the rules, in that applicant failed to file 1967, and in view of the fact that all the cant filed a petition for mitigation or annual financial reports for the years requested information had been filed, the remission which the Commission subse­ 1963 and 1964. This forfeiture was sub­ Commission, on February 7, 1968, re­ quently denied by memorandum opinion sequently affirmed by memorandum scinded its action of October 5,1967, dis­ and order. opinion and order adopted June 30,1966. missing WMNZ’s license renewal appli­ 8. Although applicant had previously The Commission’s records also disclose cation. However, because of applicant’s been fined for failure timely to file a re­ that applicant filed his license renewal lack of diligence in replying to Commis­ newal application, and although appli­ application, less the required filing fee sion inquiries, and because he had used cant asserted that “ * * * every effort will and balance sheet, on March 31,1967, the an inaccurate and misleading survey, the be made to have the next report filed day before the license expiration date, Commission advised applicant that the early and on time,” as previously noted although it was due to have been filed public interest would best be served by applicant again has failed to file WMNZ’s by* January 3, 1967, in violation of the renewal of WMNZ’s license for a license renewal application prior to the § 1.539(a) of the rules. Although the fil­ period of 1 year rather than for the expiration date of the station’s license. ing fee and balance sheet were subse­ full license term. Accordingly, WMNZ’s In view of licensee’s history of failure quently received on April 8, 1967, it is application for renewal was granted for timely to file reports and documents re­ noted that by letters dated May 12 and a period ending February 1, 1969, to en­ quired by the Commission’s rules, and June 22,1967, applicant was notified that able the Commission to reexamine appli­ failure to respond to official requests for the station had not complied with the cant’s operations and determine the de­ information, thé Commission is unable to publication requirements of § 1.580 of gree of responsibility which applicant make the statutory finding that a grant the Commission’s rules. The Commis­ exhibited during the 1-year license term. of applicant’s license application for sion’s records disclose, however, that ap­ 7. As noted, WMNZ’s broadcast license WMNZ would serve the public interest. plicant failed to reply to the May 12 was scheduled to expire on February 1, Therefore: It is ordered, That, pursuant and June 22, 1967 letters. Consequently, 1969. Consequently, applicant’s renewal to section 309(e) of the Communications on August 16, 1967, a “Certified-Return application was due to have been filed Act of 1934, as amended, the above-cap­ Receipt Requested” letter was mailed to with the Commission on or about No­ tioned application is designated for hear­ applicant requesting, among other vember 4, 1968. The Commission’s rec­ ing on the following issues: things, a statement of proof of publica­ ords disclose, however, that this renewal (1) To determine the facts and cir­ tion as required by section 1.580, and an application was not filed with the Com­ cumstances surrounding applicant’s fail­ explanation of the repeated failures to mission until February 3,1969, or 91 days ure timely to file Commission reports and respond to the Commission’s correspond­ beyond the due date, in violation of applications, and to respond to official ence. Applicant was also advised that § 1.539(a) of the Commission’s rules. On Commission correspondence, during the failure to respond within 15 days would June 11, 1969, applicant was notified of period of 1963 to the present; subject WMNZ’s license renewal applica­ apparent liability for,forfeiture for $200 (2) To determine whether applicant tion to dismissal pursuant to § 1.568(b) for willful or repeated violation of has been so. careless or has evidenced of the Commission’s rules. Accordingly, § 1.539(a) of the rules. In reply to the such disregard for the Commission’s having received no reply, by letter dated notice of apparent liability, applicant did rules and reporting requirements that October 5, 1967, applicant was notified not deny the violaton but stated, in miti­ applicant cannot be relied upon to fulfill that WMNZ’s license renewal applica­ gation, that WMNZ’s staff is very small, the responsibilities imposed upon him as tion was being dismissed and that ap­ and that “* * * every effort will be plicant’s authorization to operate WMNZ a licensee of this Commission, and made to have the next report filed early (3) To determine whether*, in light of was terminated as of October 15,- 1967. and on time.” Thereafter, by memoran­ However, applicant’s authority to oper­ dum opinion and order adopted Novem­ the evidence adduced' pursuant to the ate WMNZ was extended pending consid­ foregoing issues, a grant of applicant^ ber 7, 1969, released November 12, 1969, application for a license for WMNZ eration of his assertions set forth in a the Commission affirmed the forfeiture, would serve the public interest, conven- letter received from applicant on Octo­ holding:. ber 7, 1967, that he was working 14 to snce and necessity. 15 hours a day, 7 days a week, and was * * * As we have stated, we do not intend to 9. It is further ordered, T hat the bur- reduce forfeitures such as these, absent evi­ en of the initial introduction of evidence having a “nerve” problem. dence of extraordinary, mitigating circum­ 5. In addition to the above, it is ob­stances. WPRY Radio Broadcasters, Inc. 10 nd the burden of proof shall be on the served that on August 20, 1965, the Com­ FCC 549 (1967). After careful consideration pplicant on all the issues set forth, mission requested applicant to submit a of this case we do not find that such cir­ bove. Written statement regarding a complaint cumstances exist. Licensee does not deny 10. It is further ordered, That the received wherein it was alleged that, the violations, and we find that the viola­ lace of hearing shall be in Montezuma, tions were repeated each day beyond the due la., at a place and time to be specified based on a questionable telephone sur­ date and until the application was filed. See vey, WMNZ had advertised itself as “No. Paul A. Stewart, 63-411, 25 RR 375. It is a a subsequent order. 4 in Middle Georgia” and “No. 1 in Macon further noted that the Commission, in its 11. It is further ordered, That this County.” Followup letters requesting ap­ letter of February 7, 1968, informed the li­ document shall also constitute a n0^ plicant’s comments were sent on Novem­ censee that in view of its failure to reply to f apparent liability for forfeiture ber 19, 1965, and Jaunary 27, 1966. The Commission correspondence and its pattern pparent willful or repeated violation o of failures to file reports and documents on 1.539(a) of the Commissions rules as Commission’s records also disclose that time as required by the Commission rules, a telegram dated March 17, 1966, was the Commission believed it would be in the lore fully set forth in Parafai ! directed to applicant requesting the in­ public interest to renew the license for a bove. The Commission has determined

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9; 1970 NOTICES 15953 that in every case designated for hear­ Ga.; and (2) pleadings in opposition and c. Carmichael Radio-TV Industries, ing involving revocation or denial of re­ reply thereto.1 Inc. Clifford K . Lowery is president, a newal for alleged violations which also 2. Community sets forth three general director and 57.14 percent shareholder in come within the purview of section 503 allegations upon which it bases its peti­ Carmichael. Mr. Lowery was an employee (b) of the Communications Act of 1934, tion to deny. The charges and a sum­ of Walton from March to September 1968 as amended, it shall, as a matter of mary of the pleadings relating to each in the capacity of news director. Car­ course, include this forfeiture notice so of them are set out below. michael filed an application for a new as to maintain the fullest possible flexi­ 3. Background. Three separate enti­ station in Conyers, Ga., on December 9, bility of action. Since this procedure is ties, or the principals thereof, are in­ 1968. This application, the alleged thus a routine or standard one, we stress volved in the submission of pleadings in “strike” application, was mutually ex­ that inclusion of this notice is not to this matter. A brief history of the in­ clusive to Community’s application. The be taken as in any way indicating what terrelationship of the parties is included Carmichael application was withdrawn the initial or final disposition of the case to facilitate an understanding of the on March 27,1970, the reason being given should be; that judgment, of course, is situation. that Clifford Lowery, the only experi­ to be made on the facts of each case. a. Walton Broadcasting Co. On De­ enced broadcaster, had obtained more 12. It is further ordered, That to avail cember 17,1953, Walton Broadcasting Co. suitable employment. himself of the opportunity to be heard, was transferred to Warren G. Gilpin Strike issue. 4. Community Broadcast­ applicant, pursuant to § 1.221 of the and Mrs. Clarice Prichard pursuant ing Co. (the petitioner) applied for a Commission’s rules, in person or by at­ to Commission action (BTC-1622), new AM station to be operated at 1580 torney, shall within twenty (20) days of each party holding a 50 percent in­ kHz and to be located in Monroe, Ga. The the mailing of this order, file with the terest in the corporation. Mrs. Prich­ application was submitted on March 25, Commission, in triplicate, a written ap­ ard resided out of the State and her 1968 (File No. BP-18123). Carmichael pearance stating an intent to appear on interest in the station was for invest­ Radio-TV Industries, Inc. (the alleged tha date fixed for the hearing and pre­ ment purposes. Mr. Gilpin has been pres­ “strike” applicant) applied for a new sent evidence on the issues specified in ident of the corporation since 1953. Var­ AM station on the same frequency to be this order. ious people have held directorships and located in Conyers, Ga. This application 13. It is further ordered, That appli­ been officers of the corporation, including was submitted on December 9, 1968 (File cant shall, pursuant to section 311(a)(2) Mrs. Prichard. Mr. Gilpin is also the sole No. BP-18412). The two applications of the Communications Act of 1934, as proprietor of Gamaliel Enterprises. Wàl- were mutually exclusive and Community amended, and § 1.594 of the Commis­ ton has pending before the Commission, contends that Walton Broadcasting Co. sion’s rules, give notice of the hearing in addition to the renewal application instigated the filing of the Carmichael within the time and in the manner pre­ for WMRE, an application for voluntary application. scribed in such rule, and shall advise transfer of control of Mrs. Prichard’s 8 5. Petition to deny. Community con­ the Commission thereof as required by 50 percent interest to Mr. Gilpin tends in its petition to deny that Clifford § 1.594 of the Commission’s rules. (BTC-6165). Lowery, while in the employ of Walton, b. Community Broadcasting Co. Com­ became involved with Warren Gilpin in 14. It is further ordered, That the Sec­ munity Broadcasting Co., a partnership a plan to file an application for Conyers. retary of the Commission send copies of composed of Frank Deral Morris, Sr., In addition to the employer-employee this Order and Notice of Apparent Lia­ and George Bernard Peters is a pending relationship that existed between these bility by Certified Mail—Return Receipt applicant for a new standard broadcast two men, Community points out that Requested to William E. Blizzard, Jr., station in Monroe, Ga. (File No. BP- Lowery guaranteed payment of a judg­ 18123). Frank Deral Morris, Sr., is a ment rendered against Gilpin. Commu­ trading as Macon County Broadcasting former manager of Station WMRE and nity also submits two affidavits in support Co. former director of Walton Broadcasting of its “strike” allegation (Exhibits I and Adopted: September 23,1970. Co. Community’s application for a CP J). One affiant, Mr. John Johnson, a has been contested by Walton which has former employee of Walton, states that Released: October 2,1970. submitted a petition to deny the applica­ conversations between himself and Gilpin F ederal Communications tion, contending that Community is not regarding the filing of a Conyers applica­ Commission, financially qualified, does not have the tion began in February 1968, after it was [seal] B en F. Waple, requisite character qualifications, and learned that Morris (Community) had Secretary. has failed to comply with § 1.580 of the applied for a station in Monroe.3 Accord­ rules in regard to publication require­ [F.R. Doc. 70-13590; Filed, Oct. 8, 1970; ing to Johnson, Mr. Gilpin was going to 8:51 a.m.] ments. Walton’s petition is currently furnish the money for all preliminaries, pending Commission action. the land and the equipment, but would remain in the background. He also states [Docket No. 19011; FCC 70-1027] 1 Walton filed an application for voluntary that Lowery was brought into the WALTON BROADCASTING CO. transfer of control (File No. BTG-6165) Conyers plan and was instructed by Gil­ simultaneously with its application for re­ pin to secure banking and legal connec­ Memorandum Opinion and Order newal of license. The petition to deny was tions in Conyers. Johnson states that Designating Application for Hear­ originally directed against both the renewal Lowery had shown him evidence of the and transfer applications,. but Community establishment of these connections and ing on Stated Issues subsequently conceded that the petition does not lie against the transfer application. that an option on a parcel of land had In regard application of Walton Broad­ Therefore, the petition shall be treated as been secured. Johnson’s employment at casting Co. for renewal of license of an informal complaint to the extent that Walton was terminated on July 15, 1968, station WMRE, Monroe, Ga., Docket No. it is directed against the' transfer applica­ by Gilpin. The second affiant, Mr. Aycock, 19011, File No. BR—2938. tion and action on the transfer application was a candidate for county clerk in 1968 shall be held in abeyance pending resolution and states that while at WMRE to buy 1. The Commission has before it forof the petition as directed against the re­ political time Lowery told him, “* * * consideration: (1) A petition to deny newal application. Mr. Gilpin and I are going to put a stop 2 The application for voluntary transfer of filed on February 24, 1970, by Commu­ control was amended on Apr. 24, 1970, the to Mr. Morris building a station.” Aycock nity Broadcasting Co. (hereinafter Com- name of the transferee being changed from further states that although he did not munity) against the renewal application Mrs. Clarice Prichard to Mrs. Charles Graham of Walton Broadcasting Co. (hereinafter Buchanon. Transferee shall be referred to by 3 The Community application for a Monroe her former name as that is the name used station was filed on Mar. 25, 1968, by Mr. Walton) for Station WMRE, Monroe, throughout the pleadings by the parties. Morris.

N o.197------9 FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15954 NOTICES understand the legal terms Lowery was that they were unaware of his previously control of Walton to Warren Gilpin and using, Lowery definitely said they (Gilpin formulated intention of filing for the Mrs. Clarice Prichard, each to hold 50 and Lowery) were planning to block Mr. construction permit himself. He also as­ percent of the stock (Pile No. BTC- Morris from going into business in serts that the idea to file for Conyers was 1622) . In reply to section I, Page 5, Ques­ Monroe. pursued by Johnson and Gilpin and Gil­ tion 2 of that application the trans­ 6. Opposition to petition to deny. Wal­ pin gave Lowery three hundred dollars ferees gave their reasons for requesting ton, in its opposition, states, initially, that ($300) in May of 1968 “to check out the transfer as follows: “Clarice since the Carmichael application for Conyers for him.” The money was al­ Prichard may return to home State of Conyers was dismissd on March 27,1970, legedly returned to Gilpin in June when Georgia and would like to have invest­ determination of whether this applica­ Lowery and Gilpin discussed the im­ ment. Warren Gilpin wishes to invest in tion was a “strike” application is fore­ propriety and illegality of their plan. the broadcast field.” closed. Warren Gilpin, Walton’s presi­ Lowery states than an additional three 11. Petition to deny. In its petition to dent, admits that he was aware of the hundred dollars ($300) was given to him deny, Community raises several questions effect of filing an application which to remodel the station, but he later dis­ regarding the ownership and control of would be mutually exclusive to Com­ covered that it was to be used in “another Station WMRE. These questions center munity’s. He states, however, that, al­ study of Conyers.” He was also told to on the relationship of Mrs. Clarice Prich­ though he was approached by a former visit Mr. Briscoe, who, he states, offered ard to Walton. Mrs. Prichard has been employee (Mr. Johnson) regarding the him three hundred and fifty dollars reported as 50 percent owner on the seven subject and participated in conversations ($350) “to act as front man in an elab­ ownership reports (Form 323) that have relating to a Conyers application, he orate scheme of hidden partners in an been submitted since 1953. She was also never actively took part in filing the ap­ effort to block the Morris application.” shown at various times to be a director plication. Gilpin states that his attorney Lowery states that he refused the offer and/or an officer of the corporation. advised him not to participate in the and resigned from WMRE on September However, Community submits affidavits Conyers application and submits affida­ 5, 1968. With regard to statements of three former employees and officers* vits to the effect that the Carmichael credited to him in the Aycock affidavit of the corporation (Exhibits C, D, and E)’ application was solely the result of the (Exhibit J of the Petition to Deny), who state they have never seen Mrs. efforts of Clifford Lowery. Gilpin submits Lowery states that they were false and Clarice Prichard. One former employee in Exhibit 11 five checks written to that he, Lowery, never sold Aycock any had never heard of her although the Lowery dining the period of his employ­ political time. In conclusion, Lowery others were familiar with the name. ment and not representing payments of states that, after leaving WMRE, he sued Community also submits copies of certi­ salary. Three of the checks, according to Gilpin for services rendered by him in fied transcripts of Mr. Gilpin’s testimony Gilpin, represent reimbursements to remodeling the station and in settlement at two trials before the Superior Court Lowery for out-of-pocket expenses. The of the suit Gilpin agreed to forego repay­ for Walton County, Ga., held in 1968, other two checks represent two loans of ment of the three hundred dollars ($300) wherein Gilpin states that he was at that three hundred dollars ($300) each, one paid to Lowery at the commencement of time the sole stockholder in Walton of which was paid back within a week, the the remodeling. Lowery asserts that the Broadcasting Co. (Exhibits P and G). other was the subject of a settlement of Carmichael application was not the re­ On December 30,1969, Walton submitted, a lawsuit brought by Lowery against Gil­ sult of any collusion or conspiracy be­ simultaneously with its renewal applica­ pin (see paragraph 7). Walton also sub­ tween himself and Warren Gilpin or any tion, an application for transfer of con­ mits the affidavit of the Chairman of the other person or group. trol of Mrs. Clarice Prichard’s 50 percent Board of the local bank stating that any 8. Reply to the opposition. In its reply interest to Warren Gilpin. Community loan commitments to Clifford Lowery or to the opposition, Community reasserts questions the dissimilarity between Mrs. Carmichael were granted solely on the its contention that Walton instigated the Clarice Prichard’s signature on the 1953 lender’s knowledge of Lowery and his filing of a “strike” application. Commu­ documents and her signature on the family and no collateral was ever pledged nity states that inconsistencies exist be­ 1969 documents. by Warren Gilpin (Exhibit 9). Another tween Gilpin’s statement and Lowery’s 12. Opposition to the petition to deny. affidavit contains the statement of J. E. statement concerning the source of the Walton states that Mrs. Clarice Prichard Briscoe, Jr., Gilpin’s local attorney, to the three hundred dollar ($300) settlement did not, in fact, sign the 1969 documents effect that Briscoe had discussed with of the suit brought by Lowery against (the transfer application and contract of Lowery the possibility of participating Gilpin. The circumstances surrounding sale), but those documents were signed in the Conyers plan (Exhibit 10). the payment of funds by Gilpin to by her father and she ratified and af­ Briscoe states that he was prepared to Lowery at a time when Lowery, at least, firmed her father’s action under oath. loan Lowery three hundred ($300) or was contemplating the filing of a Con­ Walton also states that the transcripts three hundred and fifty ($350) dollars yers application requires, in Commu­ of Mr. Gilpin’s testimony which were at­ when Lowery requested it, but the money nity’s opinion, an evidentiary hearing. tached to the petition to deny were inac­ was never delivered because Lowery re­ Attached to the reply are the affidavits of curate. It is contended that Gilpin fused to sign a receipt. Shortly after this Aycock and Johnson confirming their testified that he was a 50 percent share­ incident, Briscoe contends, the discus­ earlier statements. Aycock also includes holder in Walton and three affidavits are sions with Lowery were terminated and a copy of a canceled check allegedly used attached in support of this contention. Briscoe had no further connection with to pay for the political time he purchased All three affiants state that the tran­ the Conyers application. In addition to on WMRE. Johnson also reaffirms his script does not accurately and/or com­ the foregoing affidavits, Walton includes earlier statement. pletely reflect Gilpin’s testimony. Gilpin s a copy of a bond executed 3 days after 9. Upon careful consideration of the attorney states that the transcripts are Lowery’s resignation (Exhibit 12 dated foregoing, the Commission concludes incomplete and they were not corrected Sept. 27, 1968) by which Lowery was re­ that serious implications flow from the since the cases were tried before a jury placed as Gilpin’s surety. Exhibit 13 is a allegations of the petitioner and the ap­ and no appeals were taken. Mr. Gilpm copy of a suit filed by Lowery against parent conflicts in the statements set also states that in 1956 an agreement was Gilpin for services rendered in remodel­ forth in the several pleadings and affi­ reached whereby he was to purchase Mrs. davits which warrant an evidentiary Clarice Prichard’s 50 percent interest, the ing the WMRE studio. hearing with respect to the preparation 7. Lowery’s affidavit. In an affidavit and filing of the Carmichael application. purchase price of $11,000 to be paid to submitted independently by Clifford Therefore, an issue is being designated Mrs. Clarice Prichard’s father, who acted Lowery and also attached to Commu­ to determine the facts and circumstances as escrow agent, over a 2-year period. nity’s reply, Lowery states that he had surrounding the filing of the Carmichael been interested in filing for a radio sta­ application for a standard broadcast sta­ tion in Conyers since 1963. He further * The three affiants are Prank Deral Morri , tion in Conyers, Ga. Sr., John Johnson and June G. Om*. states that Johnson and Gilpin had dis­ Unauthorized transfer of control. 10. e The three affiants are Warren G. Gup > cussed filing for such a station in order On December 17, 1953, the Commission his attorney J. E. Briscoe, Jr., and to block Community’s application, but granted an applciation for transfer of Briscoe’s associate Henry P. Austin.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 NOTICES 15955 This contract of sale is attached as Ex­ Therefore issues will be specified to de­ hearing and present evidence on the is­ hibit 6 to the Opposition and provides termine whether Walton has complied sues specified in this order. in part that Mrs. Clarice Prichard would with these rules and whether Walton 19. It is further ordered, That the re­ keep possession of her stock until the full has misrepresented facts regarding the newal applicant herein shall, pursuant amount of the purchase price was paid ownership and control of the licensee to to section 311(a) (2) of the Communica­ and would retain all voting rights the Commission. tions Act and § 1.594 of the Commis­ connected therewith. The contract was 16. Accordingly, It is ordered, That, sion’s rules and regulations, give notice conditioned on the approval of this Com­ pursuant to section 309(e) of the Com­ of the hearing within the time and in mission. If the Commission approved munications Act, the above-captioned the manner prescribed in such rule, and the sale and transfer and when Mrs. renewal application is designated for con­ shall advise the Commission thereof as Clarice Prichard was furnished with solidated hearing to be held at Monroe, required by § 1.594 of the Commission’s proof thereof, she was then obligated Ga., at a time and place to be specified rules and regulations. to endorse the certificates and deliver in a subsequent order, on the following them to Warren Gilpin. Mrs. Clarice issues: Adopted: September 23, 1970. Prichard states in an affidavit (Exhibit (1) To determine the facts and cir­ Released: October 2,1970. 7) that she entered into the 1956 agree­ cumstances relating to the filing of the ment and subsequently endorsed the application of Carmichael Radio-TV F ederal Communications stock certificates and delivered them to Industries for a standard broadcast Commission, her father. She also states that she later facility in Conyers, Ga., with particular [seal] B en F. W aple, found out that the stock certificates had reference to the participation of Walton Secretary. been lost and that a new agreement had Broadcasting Co. and any of its prin­ [F.R. Doc. 70-13589; Filed, Oct. 8, 1970; to be prepared which she instructed her cipals and whether said application was 8:51 a.m.] father to sign. In an undated document filed for the principal or incidental pur­ attached as Exhibit 8, John Stanbery, pose of delaying or obstructing the appli­ Mrs. Clarice Prichard’s father and escrow cation of Community Broadcasting Co. [Docket No. 19036; FCC 70-1079] agent under the terms of the 1956 con­ for a standard broadcast facility in WESTERN UNION TELEGRAPH CO. tract of sale, states that he has received Monroe, Ga. the $11,000 from Gilpin and further (2) To determine the facts and cir­ Filing of International Telegraph states that the money will be held until cumstances surrounding the execution Messages by Telex Subscribers final approval is given by the Commis­ and performance of a contract of sale Order to show cause. 1. The Commis­ sion, at which time the stock certificates dated June 11, 1956, wherein Clarice sion has under consideration Tariff FCC will be endorsed and turned over to the Prichard (presently Mrs. Graham No. 240 of the Western Union Telegraph buyer. Buchanon) agreed to sell her 50 per­ Co., governing Telex services and also 13. Reply to the opposition. Commu­ cent interest in Walton Broadcasting Co. its memorandum opinion and order is­ nity in its reply to the opposition asserts to Warren Gilpin with particular refer­ sued concurrently herewith in Docket that an appeal was taken from one of ence to whether an unauthorized trans­ No. 18519 disposing of a motion for stay the proceedings involving the contested fer of control of Station WMRE has by Western Union to stay the effective­ transcripts thus controverting Briscoe’s taken place in violation of section 310(b) ness of the following conditions imposed affidavit. As proof of this, Community of the Communications Act. in our decision of July 29, 1970, permit­ submits a copy of a notice of appeal (3) To determine whether false and ting Western Union to acquire TWX : (Attachment A). Community also sub­ misleading information regarding the mits the affidavits of the court reporter ownership and control of Walton Broad­ It is further ordered, That the Commis­ sion’s authorization and approval of the and the presiding judge of the Superior casting Co. has been submitted to the TWX acquisition by Western Union is ex­ Court of Walton County reaffirming the Commission. pressly conditioned upon the continuation correctness of the transcripts (Attach­ (4) To determine whether Walton by Western Union after transfer of TWX and ments B and C). The court reporter also Broadcasting Co. has violated § 1.613(b) until permitted by the Commission to do states that she has in her possession of the Commission’s rules in failing to otherwise the practice set forth in current tape recordings of the testimony at the file copies of contracts relating to owner­ A.T. & T. tariffs for TWX service of allowing two trials. ship and control. TWX customers, at their own expense, to 14. The pleadings raise serious ques­ (5) To determine whether Walton have direct access to the international record tions as to whether or not an unauthor­ carriers, U.S. offices which are also TWX cus­ Broadcasting Co. has violated § 1.615(a) tomers for the transmission and receipt of ized transfer of control has taken place ,(1) (i), (a) (1) (iv), (a) (4) (i), and (c) of international telegrams; at WMRE especially with regard to the the Commission’s rules in its submission It is further ordered, That, as an express 1956 contract of sale. An issue is there­ of Ownership Reports (Form 323). condition of our approval herein, Western fore being designated to determine the (6) To determine in light of the evi­ Union also make such changes in its tariffs facts and circumstances surrounding 'the dence adduced under the foregoing is­ for Telex service as will be necessary to con­ execution and performance of the 1956 sues, whether a grant of the above-cap­ form to the practice set forth above with contract and the general relationship of tioned application would serve the public regard to TWX customers. Mrs. Clarice Prichard to Walton over the interest, convenience and necessity. 2. For reasons discussed in our above- years. 17. It is further ordered, That Com­ mentioned memorandum opinion and Misrepresentations and related rule munity Broadcasting Co. be made a order and pursuant to section 205(a) of violations. 15. The pleadings submitted party to this proceeding, and that with the Communications Act of 1934, as m this case have given rise to various respect to Issues 1 through 5 above, the amended: It is ordered, That the West­ questions regarding Walton’s compliance burden of proceeding with the introduc­ ern Union Telegraph Co. shall ap­ with several of the Commission’s rules tion of evidence shall be upon Commu­ pear and show cause why the Commis­ dealing with reporting requirements. nity, the Broadcast Bureau introducing sion should not require that Western Section 1.613(b) requires that all con­ any evidence it may have, and the bur­ Union amend its tariffs to permit Telex tracts relating to the ownership and den of proof with respect to all issues customers, at their own expense, to have control of a licensee be filed with the is on Walton Broadcasting Co. direct access to the international record Commission. There is no record of 18. It is further ordered, That, to avail carriers’ U.S. offices, which are also Telex Walton having filed a copy of its 1956 themselves of the opportunity to be customers, for the transmission and re­ contract of sale of Mrs. Clarice Prichard’s heard, the renewal applicant and the ceipt of international telegrams. percent interest to Warren Gilpin, petitioner, pursuant to § 1.221 of the 3. It is further ordered, That a hear­ questions are also raised regarding Commission’s rules and regulations, in ing be held in this proceeding at the waitons compliance with § 1.615(a )(1) person or by attorney, shall within Commission’s offices in Washington, w , (a) (l) (iV), and (e) of the Commis­ twenty (20) days of the mailing of this si* 8 rules which require that certain order, file with the Commission, in trip­ D.C., at a time to be specified, that the information be submitted in the Com­ licate, a written appearance stating an examiner to be designated to preside at mission s Ownership Reports (Form 323). intent to appear on the date fixed for the hearing shall certify the record,

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15956 NOTICES without preparation of an initial or rec­ duce evidence. An allegation of discrim­ It is further ordered, That a copy of ommended decision, and that the Chief, ination or unfairness shall be accom­ this order be published in the F ederal Common Carrier Bureau, shall there­ panied by a statement describing the R egister and served upon The Firm of after issue a recommended decision discrimination or unfairness with partic­ Juan B. Figueroa. ularity. If a violation of the Act or detri­ which shall be subject to the submittal J ohn F. G ilson, of exceptions and requests for oral argu­ ment to the commerce of the United Deputy Director, Bureau of ment as provided in 47 CFR 1.276 and States is alleged, the statement shall set Certification and Licensing. 1.277, after which the Commission shall forth with particularity the acts and issue its decision as provided in 47 CFR circumstances said to constitute such [F.R. Doc. 70-13575; Filed, Oct. 8, 1970; 1.282; and violation or detriment to commerce. 8:50 a.m.] 4. It is further ordered, That the West­ A copy of any such statement should ern Union International, Inc., ITT also be forwarded to the party filing the HARLAN H. HOSTETTER AND World Communications, Inc., RCA Glo­ agreement (as indicated hereinafter) bal Communications, Inc., and Tropical and the statement should indicate that E. L. MOBLEY Radio Telegraph Co. may intervene this has been done. Notice of Agreement Filed herein by filing a notice of intention to Notice of agreement filed by: appear and participate within 30 days John P. Meade, Esq., Graham & James, 310 Notice is hereby given that the follow­ from the (kite of release of this order; Sansome Street, San Francisco, Calif. 94104. ing agreement has been filed with the and Commission for approval pursuant to 5. It is further ordered, That the Sec­ Agreement No. 9902 between Com­ section 15 of the Shipping Act, 1916, as retary of the Commission ■ shall send pagnie Generale Transatlantique (French amended (39 Stat. 733, 75 Stat. 763, 46 copies of this order by certified mail, re­ Line) and Hapag-Lloyd Aktiengesell- U.S.C. 814). turn receipt requested, to the Western schaft (Hapag-Lloyd) provides for a joint Interested parties may inspect and ob­ Union Telegraph Co., Western Union In­ service to operate between U.S. Pacific tain a copy of the agreement at the ternational, Inc., ITT World Communi­ coast ports and ports in Northern Eu­ Washington office of the Federal Mari­ cations, Inc., RCA Global Communica­ rope, the United Kingdom, and Scandi­ time Commission, 1405 I Street NW., tions, Inc., and Tropical Radio Tele­ navia under terms and conditions as set Room 1202; or may inspect the agree­ graph Co., and shall cause a copy to be forth in the agreement. ment at the Field Offices located at New published in the F ederal R egister. Dated: October 5, 1970. York, N.Y., New Orleans, La., and San Francisco, Calif. Comments on such Adopted: September 30,1970. By order of the Federal Maritime agreements, including requests for hear­ Released: October 6, 1970. Commission. ing, may be submitted to the Secretary, F rancis C. Hurney, Federal Maritime Commission, Wash­ F ederal Communications Secretary. ington, D.C. 20573, within 20 days after Commission,1 [F.R. Doc. 70-13576; Filed, Oct. 8, 1970; publication of this notice in the F ederal [ seal ] B en F. Waple, 8:50 a.m.] R egister. Any person desiring a hearing Secretary. on the proposed agreement shall provide [F.R. Doc. 70-13588; Filed, Oct. 8, 1970; [Independent Ocean Freight Forwarder Li­ a clear and concise statement of the 8:51 a.m.] cense 599] matters upon which they desire to ad­ duce evidence. An allegation of discrim­ JUAN B. FIGUEROA ination or unfairness shall be accom­ panied by a statement describing the FEDERAL MARITIME COMMISSION Revocation of License discrimination or unfairness with partic­ By letter dated September 4,1970, The ularly. If a violation of the Act or detri­ COMPAGNIE GENERALE TRANSAT­ Firm of Juan B. Figueroa, Post Office ment to the commerce of the United LANTIQUE AND HAPAG-LLOYD Box 2826, San Juan, P.R. 00903, was ad­ States is alleged, the statement shall set forth with particularity the acts and cir­ AKTIENGESELLSCHAFT vised by the Federal Maritime Commis­ sion that Independent Ocean Freight cumstances said to constitute such vio­ Notice of Agreement Filed Forwarder License No. 599 would be lation or detriment to commerce. automatically revoked or suspended un­ A copy of any such statement should Notice is hereby given that the follow­ less a valid surety bond was filed with also be forwarded to the party filing the ing agreement has been filed with the the Commission on or before September agreement (as indicated hereinafter) Commission for approval pursuant to 28, 1970. and the statement should indicate that section 15 of the Shipping Act, 1916, as Section 44(c), Shipping Act, 1916, pro­ this has been done. amended (39 Stat. 733, 75 Stat. 763, 46 vides that no independent ocean freight Notice of agreement filed for approval U.S.C. 814). forwarder license shall remain in force by: Interested parties may inspect and unless a valid bond is in effect and on file obtain a copy of the agreement at the with the Commission. Rule 510.9 of Fed­ Harlan H. Hostetter, President, Trans-Port Washington office of the Federal Mari­ International, Inc,, 18 Broad Street, eral Maritime Commission General Charleston, S.C. 29401. time Commission, 1405 I Street NW., Order 4, further provides that a license Room 1202; or may inspect the agree­ will be automatically revoked or sus­ Agreement No. FF 70-11 provides for ment at the Field Offices located at New pended for failure of a licensee to main­ the sale of the name, goodwill, and as­ York, N.Y., New Orleans, La., and San tain a valid surety bond on file. sets of the Charleston, S.C. branch office Francisco, Calif. Comments on such The Firm of Juan B. Figueroa has agreements, including requests for hear­ of E. L. Mobley, a licensed ocean freight failed to file the required bond. forwarder (FMC No. 1064) whose prin­ ing, may be submitted to the Secretary, By virtue of authority vested in me Federal Maritime Commission, Wash­ by the Federal Maritime Commission as cipal office is located in Savannah, Ga. ington, D.C. 20573, within 20 days after set forth in Manual of Orders, Commis­ The branch office is being sold to Harlan publication of this notice in the F ederal sion Order 201.1, section 6.03, H. Hostetter, president of Trans-Port In­ R egister. Any person desiring a hearing ternational, Inc., who will apply for a on the proposed agreement shall pro­ It is ordered, That the Independent vide a clear and concise statement of the Ocean Freight Forwarder License of new forwarder's license in the name o matters upon which they desire to ad- Juan B. Figueroa, doing business as The his firm. Firm of Juan B. Figueroa, be and is Mr. Mobley will continue to operate his 1 Commissioner Johnson concurring in the hereby revoked effective September 28, own business in Savannah, independent result; Commissioner Wells absent. 1970. of Trans-Port International, Inc.’s,

FEDERAL REGISTER, V O L 35, NO. 197— FRIDAY, OCTOBER 9, 1970 NOTICES 15957

Charleston operations; he is a vice presi­ Notice is hereby given that the follow­ and that such curtailments are expected dent of the latter corporation. ing persons have applied to the Federal to continue through the remainder of the Maritime Commission for a Certificate of year. Carolina states that because of Dated: October 6,1970. Financial Responsibility To Meet these curtailments by Southern, Carolina By order of the Federal Maritime Liability Incurred for Death or Injury to has had to either reduce or discontinue Commission. Passengers or Other Persons on Voyages deliveries to its customers including pursuant to the provisions of section 2, Celanese Corp., Spring Mills, Greenwood F rancis C. Hurney, Public Law 89-777 (80 Stat. 1356, 1357). Mills, and Kendall Co. Carolina notes Secretary. and Federal Maritime Commission Gen­ that at the same time curtailments to [F.R. Doc. 70-13577; Filed, Oct. 8, 1970; eral Order 20, as amended (46 CFR Part Carolina are being made, Southern has 8:50 a.m.] 540): made deliveries, directly and indirectly to Polskie Linie Oceaniczne (Polish Ocean steam electric generating plants in the Lines), Ul. Lutego 24, Gdynia 1, Poland. range of 350,000 Mcf to 400,000 Mcf per PACIFIC FAR EAST LINE, INC. day. Carolina suggests that a solution to Notice of Application for Casualty Dated: October 6, 1970. the problem would be to prohibit the sale Certificate F rancis C. H urney, directly or indirectly, to steam electric Secretary. generating plants having a capacity of Security for the protection of the pub­ 50,000 kw. or more until the requirements lic; Financial Responsibility To Meet [F.R. Doc. 70-13580; Filed, Oct. 8, 1970; of other manufacturing concerns have Liability Incurred for Death or Injury to 8:50 a.m.] been met. Carolina does not challenge the Passengers or Other Persons on Voyages. validity of Southern’s claimed need to Notice is hereby given that the follow­ POLSKIE LINIE OCEANICZNE curtail its deliveries to maintain sufficient ing persons have applied to the Federal deliverability to meet the 1970-71 winter Maritime Commission for a Certificate Notice of Application for Performance demands of its customers but requests of Financial Responsibility To Meet Lia­ Certificate the Commission to resolve whether the bility Incurred for Death or Injury to curtailments are being made in a fair Passengers or Other Persons on Voyages Security for the protection of the and equitable manner and whether Caro­ pursuant to the provisions of section 2, public; Indemnification of Passengers lina is being subjected to undue prejudice Public Law 89-777 (80 Stat. 1356, 1357) for Nonperformance of Transportation. and disadvantage. and Federal Maritime Commission Notice is hereby given that the fol­ lowing persons have applied to the In its answer filed September 8, 1970, General Order 20, as amended (46 CFR Southern asserts that its curtailments Part 540) : Federal Maritime Commision for a Cer­ tificate of Financial Responsibility for of interruptible gas are being made in Pacific Far East Line, Inc., 141 Battery Street, Indemnification of Passengers for Non­ a fair and equitable manner. Southern San Francisco, Calif. 94111. performance of Transportation pursuant states that Carolina’s motion raises the Dated: October 6,1970. to the provisions of section 3, Public Law broader question of the" Commission 89-777 (80 Stat. 1357, 1358) and Federal jurisdiction over the end-use of natural F rancis C. Hurney, Maritime Commission General Order 20, gas. Southern submits that an investiga­ Secretary. as amended (46 CFR Part 540) : tion into the matter of end-use control [F.R. Doc. 70-13578; Filed, Oct. 8, 1970; of gas should be in the nature of rule- 8:50 a.m.] Polskie Linie Oceaniczne (Polish Ocean making on a nationwide basis where all Lines), Ul. Lutego 24, Gdynia 1, Poland. aspects of the problem could be con­ Dated: October 6, 1970. sidered.1 Southern states that it would PACIFIC FAR EAST LINE, INC. be difficult to formulate end-use control F rancis C. H urney, rules without a clear definition of the Notice of Application for Performance Secretary. extent of the current gas shortage and its Certificate [F.p. Doc. 70-13581; Filed, Oct. 8, 1970; probable duration. Southern urges the Security for the protection of the pub­ 8:50 a.m.] Commission to deny the complaint or lic; Indemnification of Passengers for in the alternative to enlarge its investi­ Nonperformance of Transportation. gation to constitute a nationawide pro­ ceeding directed toward the promulga­ Notice is hereby given that the follow­ FEDERAL POWER COMMISSION tion of curtailment rules of general ap­ ing persons have applied to the Federal [Docket No. RP71-3] plicability. If the investigation is to be Maritime Commission for a Certificate of restricted to Southern’s curtailment Financial Responsibility for Indemnifi­ CAROLINA PIPELINE CO. AND practices then Southern requests that cation of Passengers for Nonperformance SOUTHERN NATURAL GAS CO.. Carolina be required to furnish proof of Transportation pursuant to the provi­ of its allegations and that all resale and sions of section 3, Public Law 89-777 (80 Order Instituting Investigation and direct customers of Southern, cities and Stat. 1357, 1358) and Federal Maritime Prescribing Hearing Procedures Commission General Order 20, as amend­ States in Southern’s market area, and ed (46 CFR Part 540) : ' October 2,1970. affected Federal and State agencies and On August 6, 1970, Carolina Pipeline consumers of gas be afforded an oppor­ Pacific Far East Line, Inc., 141 Battery tunity to participate as parties. Street, San Francisco, Oalif. 94111, Co. (Carolina) filed a complaint re­ questing that the Commission institute Upon analysis of the pleadings, it is Dated: October 6,1970. an investigation to determine whether our view that an investigation should be Southern Natural Gas Co. (Southern), is instituted into the claim by Carolina F rancis C. H urney, that a higher priority should be as­ Secretary. granting unduly preferential treatment to steam electric generating plants in the signed to the rendering of service to in­ [F.R. Doc. 70-13579; Filed, Oct. 8, 1970; dustrial consumers over service to steam 8:50 a.m.] allocation of available gas supplies, daro- lina further requests the Commission to electric generating plants. Accordingly, prescribe tariff provisions to provide a a public hearing should be held in order fair and equitable allocation of gas de­ to afford all parties an opportunity to POLSKIE LINIE OCEANICZNE livered by Southern both directly and for present evidence on the issues raised. Notice of Application for Casual resale to industrial customers. Carolina states that on July 27, 1970, Certificate 1 On Sept. 17, 1970, Carolina filed a reply Southern began curtailing gas deliveries in opposition to Southern’s contention that u„?e™rity for the Protection of the p to Carolina under Rate Schedule AO-3 a nationwide investigation would be re­ T?ÓK-vjnancial Responsibility To ]V (Authorized Overrun Service). Carolina quired. Carolina asserts that the allocation LjabUity Incurred for Death or Inj asserts that on that date Carolina’s re­ of AO gas supplies is a question separate and Voyages.engerS °r ° ther Persons quired volume of gas of 57,000 Mcf/d was distinct from the question of a nationwide reduced by 19,100 Mcf/d to 37,900 Mcf/d gas shortage.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15958 NOTICES There appears to be no basis at this hearings to be held at times he desig­ cents per million B.t.u.,3 subject to vari­ time for enlarging this proceeding to nates, shall prescribe relevant procedural ous upward adjustments. constitute a nationwide investigation of matters not herein provided, and shall Applicant states that the proposed im­ interstate pipeline curtailment practices. control this proceeding in accordance portation is required to maintain present In the Southern rate increase pro­ with the policies expressed in § 2.59 of levels of service to existing markets since ceeding pending at Docket No. RP70-5 the Commission’s rules of practice and annual requirements are expected to in­ certain evidence has been adduced which procedure. crease and Applicant’s historical sources relates to the question of whether serv­ By the Commission. of gas supply must be supplemented to ice rendered to industrial customers meet demands. should have priority over service to steam [seal] Gordon M. Grant, Any person desiring to be heard or to electric generating plants. Since we are Secretary. make any protest with reference to said instituting this separate proceeding to [F.R. Doc. 70-13511; Filed, Oct. 8, 1970; application should on or before Octo­ consider this question, it appears ap­ 8:45 a.m.] ber 26, 1970, file with the Federal Power propriate that this issue of the appor­ Commission, Washington, D.C. 20426, tionment of Southern’s AO gas raised in a petition to intervene or a protest iri Docket No. RP70-5 be severed therefrom [Docket No. CP71-69] accordance with the requirements of the and heard in this proceeding. The other COLUMBIA LNG CORP. Commission’s rules of practice and pro­ tariff related issues in Docket No. RP70-5 cedure (18 CFR 1.8 or 1.10). All protests such as rate level, rate design, conjunc­ Notice of Application filed with the Commission will be con­ tive billing, and load shedding among October 1,1970. sidered by it in determining the appro­ others, shall remain subject to the pro­ Take notice that on September 22, priate action to be taken but will not ceedings' in that docket. serve to make the protestants parties to The Commission finds: 1970, Columbia LNG Corp. (Applicant), the proceeding. Any person wishing to It is necessary and appropriate for 20 Montchanin Road, Wilmington, Del. become a party to a proceeding or to carrying out the provisions of section 19807, filed in Docket No. CP71-69 an participate as a party in any hearing 5(a) of the Natural Gas Act that an in­ application pursuant to section 3 of the therein must file a petition to intervene vestigation and hearing be instituted on Natural Gas Act for an order of the Com­ in accordance with the Commission’s the issues raised by Carolina’s complaint. mission authorizing Applicant to import rules. liquefied natural gas (LNG) from Vene­ The Commission orders : Gordon M. Grant, (A) Pursuant to the authority of the zuela into the United States, all as moré Secretary. Natural Gas Act, particularly sections fully set forth in the application which is on file with the Commission and open to [F.R. Doc. 70-13504; Filed, Oct. 8, 1970; 4, 5, 14, 15, and 16 thereof, and the 8:45 a.m.] Commission’s rules of practice and pro­ public inspection. cedure, an investigation is hereby insti­ Applicant seeks authorization to im­ tuted to determine whether Southern port between 168 trillion B.t.u. of LNG [Docket No. CP71-68J and 182 trillion B.t.u. of LNG per year1 is granting unduly preferential treat­ COLUMBIA LNG CORP. ment to particular customers in the al­ on a relatively constant and equal basis location and sale of available AO gas for a term of 20 years. - Notice of Application and, if necessary, to prescribe such tariff Applicant states that it has made ar­ provisions as are appropriate to provide rangements with Esso LNG Inc. (Seller), October 1, 1970. a fair and equitable allocation between a wholly owned subsidiary of Standard Take notice that on September 22, customers of the available gas supply. Oil Co. (N.J.) (Jersey), to purchase 1970, Columbia LNG Corp. (Applicant), (B) Any person desiring to be heard quantities of LNG which will be liquefied 20 Montchanin Road, Wilmington, Del. or to make any protest with reference from natural gas produced from the 19807, filed in Docket No. CP71-68 an ap­ to the matters presented in this proceed­ Tijuana, Bachaquero, Lagunillas, Cen­ plication pursuant to section 3 of the ing should on or before October 15, 1970, tral Lake, North Lama, Punta Benitez Natural Gas Act for an order of the file with the Federal Power Commission, and La Rosa Fields in the Lake Mara­ Commission authorizing Applicant to im­ Washington, D.C. 20426, petitions to in­ caibo area of Venezuela. Under these port liquefied natural gas (LNG) from tervene or protests in accordance with arrangements the seller will have con­ Algeria into the United States, all as more the requirements of the Commission’s structed, through Creole Petroleum fully, set forth in the application which rules of practice and procedure (18 CFR Corp., Jersey’s Venezuelan affiliate, as a is on file with the Commission and open 1.8 and 1.10). All protests filed with the joint project with the Venezuelan gov­ to public inspection. Commission will be considered by it in ernment, facilities in Venezuela for Applicant seeks authorization to im­ determining the appropriate action to be producing, liquefying, storing, and ter- port an annual quantity of up to 123,- taken but will not serve to make Pro­ minalling LNG. At the loading port, the 187,500 million B.t.u. of LNG1 for a term testants parties to the proceeding. Per­ LNG will be delivered and sold to Appli­ of 25 years. sons wishing to participate as a party in cant aboard one of three vessels owned Applicant states that it is advised that any hearing herein must file petitions to by Esso Oceanic, Inc., a wholly owned the natural gas proposed to be imported intervene in accordance with the Com­ subsidiary of Jersey, for shipment to will be produced and gathered in the mission’s rules. Applicant’s terminalling and regasifica­ Hassi R’Mel Field in Algeria by the (C) Pursuant to § 1.18 of the Commis­ tion facilities to be 'built at Cove Point, Société Nationale de Recherche et d’Ex­ sion’s rules of practice and procedure, a Md. ploration des Petrols en Algérie. The gas prehearing conference before a duly Applicant states that the cost of LNG will be transferred to the Société Nation­ designated Presiding Examiner shall delivered shipside in Venezuela consists ale pour la Recherche, la Production, le commence at 10 a.m., e.s.t„ on October 26, of a base price of 40.5 cents per million Transport, la Transformation et la 1970, in a hearing room of the Federal B.t.u.,2 subject to various upward ad­ Commercialisation des Hydrocarbures Power Commission, 441 G Street NW„ justments. The freight rate for transpor­ (Sonatrach), an Algerian government Washington, D.C., for the purpose of tation of LNG from loading point to corporation. Sonatrach will cause the defining the issues, and to prescribe pro­ destination consists of a base rate of 13 quantities of natural gas so produced cedure for service of evidence and hear­ and gathered to be transported and de­ ing herein giving effect to the Commis­ livered to its liquefaction plant site, to be 1 Equivalent to approximately 149,000,000 sion’s intent that this matter be Mcf per year and approximately 161,000,000 expedited. Mcf per year, respectively, of natural gas in Equivalent to approximately 14.7 cents (D) A presiding examiner designated vaporous state at .1,128,000 B.t.u./Mcf or an Mcf at 1,128,000 B.t.u./Mcf. nn0 by the Chief Examiner for that purpose average of 425,000 Mcf per day under like Equivalent to approximately 199’ ’ g tSee Delegation of Authority, 18 CFR 3.5 conditions. per year of natural gas in vap (d) l, shall preside at the prehearing 2 Equivalent to approximately 45.7 cents » at 1,125,000 B.t.u./Mcf or 300,000 Mcf conference in this proceeding and at per Mcf at 1,128,000 B.t.u./Mcf. day under like conditions.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 NOTICES 15959 situated near the seaport of Arzew, Al­ Natural Gas Act for an order of ices by $7,250,133 annually, based upon geria. There, Sonatrach will liquefy such the Commission authorizing applicant to the volumes of sales for trie 12-month gas, store arid load the LNG through import liquefied natural gas (LNG) from period ending May 31, 1970, as adjusted. its facilities into LNG tankers, at Algeria, all as more fully set forth in the The proposed changes would increase which point the LNG will be sold application which is on file with the the rates in East Tennessee’s Rate to El Paso Algeria Corp. (El Paso Al­ Commission and open to public Schedules CD, CR, G, SG, IAOS, and S. geria) , a Delaware corporation. The LNG inspection. East Tennessee’s filing consists of two will then be shipped to the United States In the amended application, applicant alternate sets of revised tariff sheets, the via LNG tankers owned by El Paso Ma­ proposes to import annually 14 shiploads first of which contains a new section to rine Co., a Liberian corporation. Aboard of approximately 300,000 barrels of LNG be included in the general terms and ship, on the high seas at a point west of per shipload (equivalent to 1,100,000 conditions of the tariff, providing for the 50th meridian, west longitude, the Mcf of 1,000 B.t.u./cubic foot natural monthly billing adjustments to reflect LNG will be sold by El Paso Algeria to gas) beginning in 1971.-The LNG will be current changes in East Tennessee’s unit Applicant pursuant to an agreement ex­ purchased from Alocean, Ltd., under the cost of purchased gas and a provision for ecuted on September 8, 1970. The LNG terms of the 20-year contracts attached flow-through of gas supplier refunds. will be delivered to a marine terminal to the application. The LNG will be East Tennessee asks that the Commission which the Applicant plans to build at transported from Algeria in the new in­ waive the provisions of its regulations Cove Point, Md., for the receipt of the tegrated methane carrier, the Descartes, under the Natural Gas Act to the ex­ LNG. for delivery at applicant’s proposed deep­ tent necessary for purposes of accepting Applicant states that the base import water terminals near Everett, Mass., and for filing proposed tariff sheets incor­ price which it will pay to El Paso Algeria Staten Island, N.Y. The contract price porating such proposed purchased gas is 58.5 cents per million B.t.u.2, which ranges from 68 cents per million B.t.u. adjustment provisions. East Tennessee includes the base cost of LNG purchased to 85 cents per million B.t.u. The contract requests, in the event the Commission by El Paso Algeria from Sonatrach and price is subject to an automatic escala­ will not waive such regulations for such the estimated base cost of transportation tion of 0.6-cent per million B.t.u. begin­ purposes, that the Commission accept for to be incurred by El Paso Algeria in caus­ ning April 1, 1972, under the entire 20- filing the alternate set of revised tariff ing the LNG to be shipped by El Paso year term of the LNG Sales Agreement. sheets, which does not contain a pur­ Marine Co. and delivered to Applicant’s Applicant states that the imported chased gas adjustment provision. East LNG terminal. Such base price will be LNG will be marketed primarily for peak Tennessee states that in any event it subject to various adjustments. shaving or limited seasonal uses to vari­ proposes to raise as an issue in the above- Applicant states that the proposed ous gas distributors in the New England entitled proceeding the question of importation will be of material assist­ and New York harbor areas. whether a purchased gas adjustment ance in alleviating gas supply problems It appears reasonable and consistent provision should be incorporated into its of American distributors and pipeline with the public interest in this case to FPC Gas Tariff. companies presently serving eastern prescribe a period shorter than 15 days In addition to the purchased gas ad­ market areas, and will provide a new for the filing of protests and petitions justment provision, East Tennessee pro­ source of natural gas presently in great to intervene. Accordingly, any person poses the following changes to its FPC demand for the reduction of air desiring to be heard or to make any Gas Tariff: consolidation of rate sched­ pollution. protest with reference to said application ule provisions change in format of rate Any person desiring to be heard or to who has not previously filed a protest or provisions in rate schedule, revision of make any protest with reference to said petition to intervene, should on or be­ unauthorized overrun penalty section, application should on or before Octo­ fore October 15, 1970, file with the change in interest charge for late pay­ ber 26, 1970, file with the Federal Power Federal Power Commission, Washington, ment of bills to current prime interest Commission, Washington, D.C. 20426, a D.C. 20426, a petition to intervene or a rate, provision for maximum hourly pur­ petition to intervene or a protest in ac­ protest in accordance with the require­ chases, and miscellaneous changes to cordance with the requirements of the ments of the Commission’s rules of prac­ clarify and simplify its tariff and to state Commission’s rules of practice and pro­ tice and procedure (18 CFR 1.8 or 1.10). similar rate schedule provisions in a con­ cedure (18 CFR 1.8 or 1.10). All protests All protests filed with the Commission sistent manner. These changes are more filed with the Commission will be con­ will be considered by it in determining fully set forth and described in the sidered by it in determining the appro­ the appropriate action to be taken but “Statement of the Nature, Reasons and priate action to be taken but will not will not serve to make the protestants Basis For Proposed Tariff Changes’’ of serve to make the protestants parties parties to the proceeding. Any person East Tennessee’s filing. to the proceeding. Any person wishing to wishing to become a party to a proceed­ East Tennessee states that it proposes become a party to a proceeding or to ing or to participate as a party in any to resume the use of liberalized tax de­ participate as a party in any hearing hearing therein must file a petition to preciation with normalization for ac­ therein must file a petition to intervene intervene in accordance with the Com­ counting purposes for all eligible prop­ in accordance with the Commission’s mission's rules. erty (pre-1970 and post-1969 property). rules. East Tennessee further states that it G ordon M. Grant, proposes to utilize a composite 3.75 per­ Gordon M. Grant, Secretary. Secretary. cent book depreciation rate on gas trans­ [F.R. Doc. 70-13505; Filed, Oct. 8, 1970; mission and certain other plant begin­ IF.R. Doc. 70-13508; Filed, Oct. 8, 1970; 8:45 a.m.] ning with the effective date of the revised 8:45 a.m.] tariff volume in lieu of the present rate of 3 percent. [Docket No. RP71-15] [Docket No. OP70-196] The principal reasons stated by East EAST TENNESSEE NATURAL GAS CO. Tennessee for the increase in rate levels DISTRÏGAS CORP. requested in its filing are: (a) Increase Notice of Amendment to Application Notice of Proposed Changes in FPC in the cost of purchased gas resulting Gas Tariff from the rate filing of Tennessee Gas OCTOBER X, *wl Pipeline Co. in Docket No. RP71-6; (b) October 6,1970. i J ^ n°tice that on September the return to normalization accounting Corp< (applicant), Take notice that on September 30, for liberalized depreciation in determin­ High Street, Boston, Mass. 02110, file 1970, East Tennessee Natural Gas Co. ing Federal income taxes in the cost of (East Tennessee) tendered for filing pro­ No- CP70- 196 “ amended a] service; (c) a required rate of return of cation pursuant to section 3 of posed changes in its FPC Gas Tariff, 9.25 percent; (d) increase in its com­ Sixth Revised Volume No. 1, to become posite book depreciation from 3 percent effective November 15, 1970. The pro­ to 3.75 percent to reflect present-day approximately 65 8 cents posed rate changes would increase conditions, particularly the existing per Mcf at 1,125,000 B.t.u./Mcf. charges for jurisdictional sales and serv­ shortage of gas supplies; (e) increases

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15960 NOTICES in cost of materials, supplies, wages, and (El Paso Algeria), a Delaware corpora­ Applicant seeks authorization to Im­ services required to operate and main­ tion. The LNG will then be shipped to port for an initial term of 25 years up tain its pipeline system; and (f) in­ the United States via LNG tankers owned to 82,125 billions B.t.u. of LNG annually.1 creases in property, payroll, and State by the El Paso Marine Co., a Liberian Applicant states that it is advised that income taxes. corporation. Aboard ship, on the high the natural gas proposed to be imported Any person desiring to be heard or to seas at a point west of the 50th meridian, will be produced and gathered in the make any protest with reference to said west longitude, the LNG will be sold by Hassi R’Mel field in Algeria by the application should on or before October El Paso Algeria to applicant. The LNG Société Nationale de Recherche et 22, 1970, file with the Federal Power will be delivered to applicant’s receiving d’Exploration des pétrols en Algérie. Commission, Washington, D.C. 20426, pe­ terminal to be situated on the east coast The gas will be transferred to thé titions to intervene or protests in accord­ of the United States. Société Nationale pour la Recherche, la ance with the requirements of the Com­ Applicant states that the base import Production, le Transport, la Transforma­ mission’s rules of practice and procedure price which it will pay to El Paso Algeria tion et la Commercialisation des Hydro­ (18 CFR 1.8 and 1.10). All protests filed is 58.5 cents per million B.t.u.,2 which carbures (Sonatrach), an Algerian gov­ with the Commission will be considered includes the base cost of LNG purchased ernment corporation. Sonatrach will by it in determining the appropriate ac­ by El Paso Algeria from Sonatrach and cause the quantities of natural gas so pro­ tion to be taken, but will not serve to the estimated base cost of transportation duced and gathered to be transported make the protestants parties to the pro­ to be incurred by El Paso Algeria in and delivered to its liquefaction plant- ceeding. Persons wishing to participate causing such LNG to be shipped by El site to be situated near the seaport of as a party in any hearing therein must Paso Marine Co. and'delivered at ship’s Arzew, Algeria. There Sonatrach will file petitions to intervene in accordance rail dockside in a U.S. harbor. Such liquefy such gas, store and load the LNG with the Commission’s rules. East Ten­ base price will be subject to various through its facilities into LNG tankers, nessee’s application is on file with the adjustments. at which point the LNG will be sold to Commission and available for public Applicant states that the proposed im­ El Paso Algeria Corp. (El Paso Algeria), inspection. portation will be of material assistance a Delaware corporation. The LNG will Gordon M. Grant, in alleviating gas supply problems of then be shipped to the United States via Secretary. American distributors and pipeline com­ LNG tankers owned by El Paso Marine panies presently serving eastern market [F.R. Doc. 70-13565; Filed, Oct. 8, 1970; Co., a Liberian corporation. Aboard ship, 8.49 a.m.] areas, and will provide a new source on the high seas at a point west of the of natural gas presently in great demand 50th meridian, west longitude, the LNG for the reduction of air pollution. will be sold by El Paso Algeria to Appli­ [Docket No. CP71-67] Any person desiring to be heard or to cant. The LNG will be delivered to an make any protest with reference to said unloading and storage terminal at Cove EL PASO ATLANTIC CO. application should on or before Octo­ Point, Md., to be constructed and oper­ Notice of Application ber 26, 1970, file with the Federal Power ated by Columbia LNG Corp. Commission, Washington, D.C. 20426, a October 1, 1970? Applicant states that the base import petition to intervene or a protest in ac­ price which it will pay to El Paso Algeria Take notice that on September 22, cordance with the requirements of the is 58.5 cents per million B.t.u.,2 which in­ 1970, El Paso Atlantic Co. (applicant), Commission’s rules of practice and pro­ cludes the base cost of LNG purchased Post Office Box 2185, Houston, Tex. cedure (18 CFR 1.8 or 1.10). All protests by El Paso Algeria from Sonatrach and 77001, filed in Docket No. CP71-67 an ap­ filed with the Commission will be con­ the estimated base cost o,f transportation plication pursuant to section 3 of the sidered by it in determining the appro­ to be incurred by El Paso Algeria in Natural Gas Act for an order of the Com­ priate acton to be taken but will not serve causing such LNG to be shipped by El mission authorizing applicant to import to make the protestants parties to the Paso Marine Co. and delivered at ship’s liquefied natural gas (LNG) from Algeria proceeding. Any person wishing to be­ rail dockside at the Cove Point, Md., into the United States, all as more fully come a party to a proceeding or to par­ terminal. Such base price will be subject set forth in the application which is on ticipate as a party in any hearing therein to varfous adjustments. file with the Commission and open to must file a petition to intervene in ac­ Applicant states that the proposed im­ public inspection. cordance with the Commission’s rules. portation will be of material assistance Applicant seeks authorization to im­ G ordon M. G rant, in alleviating gas supply problems of port for an initial term of 25 years up Secretary. American distributors and pipeline com­ to 205,312,500 million B.t.u. of LNG panies presently serving eastern market annually.1 [F.R. Doc. 70-13506; Filed, Oct. 8, 1970; 8:45 a.m.] areas, and will provide a new source of Applicant states that it is advised that natural gas presently in great demand the natural gas proposed to be imported for the reduction of air pollution. will be produced and gathered in the [Docket No. CP71-66] Any person desiring to be heard or to Hassi R’Mel field in Algeria by the EL PASO EASTERN CO. make any protest with reference to said Société Nationale de Recherche et d’Ex­ application should on or before Octo­ ploration des Pétrols en Algérie. The gas Notice of Application ber 26, 1970, file with the Federal Power will be transferred to the Société Na­ Commission, Washington, D.C. 20426, tionale pour la Recherche, la Production, October 1,1970. a petition to intervene or a protest in le Transport, la Transformation et la Take notice that on September 22, accordance with the requirements of the Commercialisation des Hydrocarbures 1970, El Paso Eastern Co. (Applicant), Commission’s rules of practice and pro­ (Sonatrach), an Algerian government Post Office Box 2185, Houston, Tex. cedure (18 CFR 1.8 or 1.10). All protests corporation. Sonatrach will cause the 77001, filed in Docket No. CP71-66 an filed with the Commission will be con­ quantities of natural gas so produced and application pursuant to section 3 of the sidered by it in determining the appro­ gathered to be transported and delivered priate acton to be taken but will not to its liquefaction plantsite, to be situ­ Natural Gas Act for an order of the Commission authorizing Applicant to serve to make the protestants parties to ated near the seaport of Arzew, Algeria. the proceeding. Any person wishing to There Sonatrach will liquefy such gas, import liquefied natural gas (LNG) from store and load LNG through its facilities Algeria into the United States, all as become a party to a proceeding or to into LNG tankers, at which point the more fully set forth in the application LNG will be sold to El Paso Algeria Oorp. which is on file with the Commission and ^Equivalent to approximately 73 million open to public inspection. •M Per y “«F?1 1 Equivalent to approximately 182,500,000 Mcf per year of natural gas in vaporous state under like conditions. _ _ pn+s at 1,125,000 B.t.u./Mcf or 500,000. Mcf per * Equivalent to approximately 65.8 cents per * Equivalent to approximately 65.8 cent, day under like conditions. Mcf at 1,125,000 B.t.u./Mcf. per Mcf at 1,125,000 B.t.u./Mcf.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 NOTICES 15961 participate as a party in any hearing Commission, Washington, U.C. 20426, rates through tracking filings made upon therein must file a petition to intervene petitions to intervene or protests in ac­ terms and conditions not materially in accordance with the Commission’s cordance with the requirements of the different from those recently and now rules. , Commission’s rules of practice and pro­ in effect with respect to El Paso’s South­ G ordon M. G rant, cedure (18 CFR 1.8 or 1.10). All protests ern Division System rates to reflect Secretary. filed with the Commission will be con­ increased purchased costs incurred after sidered by it in determining the appro­ the proposed effective date, if such date [PJt. Doc. 70-13507; Piled, Oct. 8, 1970; priate action to be taken but will not is permitted, or incurred after the end 8:45 a.m.] serve to make protestants parties to the of any such suspension period (up to proceeding. Persons wishing to become 1.49 cents per Mcf in the aggregate). EL PASO NATURAL GAS CO. parties to a proceeding or to participate Copies of the filing were served on El as a party in any hearing therein must Paso’s Northwest Division System cus­ [Docket No. RP71-13] file petitions to intervene in accordance tomers and interested State commissions. Notice of Proposed Changes in Rates with the Commission’s rules. The appli­ Any person desiring to be heard or to cation is on file with the Commission make any protest with reference to said and Charges and available for public inspection. application should on or before Oc­ October 6, 1970. tober 19, 1970, file with the Federal G ordon M. Grant, Take notice that El Paso Natural Gas Secretary. Power Commission, Washington, D.C. Co., on September 30, 1970, tendered for 20426, petitions to intervene or protests filing proposed changes in its PPC Gas [F.R. Doc. 70-13563; Filed, Oct. 8, 1970; in accordance with the requirements of Tariff, Original Volume No. 1, to become 8:49 a.m.] the Commission’s rules of practice and effective on October 31, 1970. The pro­ procedure (18 CFR 1.8 or 1.10). All pro­ posed rate changes would increase [Docket No. RP71-14] tests filed with the Commission will be charges for jurisdictional sales on its considered by it in determining the ap­ Southern Division System by $51,975,477 EL PASO NATURAL GAS CO. propriate action to be taken but will not serve to make protestants parties to the annually, based upon volumes for the Notice of Proposed Changes in Rates 12-month period ended May 31, 1970, as proceeding. Persons wishing to become adjusted. The proposed increase woujd and Charges parties to a proceeding or to participate as a party in any hearing therein must be applicable to El Paso’s Rate Schedules October 6, 1970. A-l, A-2, A-3, B-l, B-2, B-3, D-l, D-2, file petitions to intervene in accordance Take notice that El Paso Natural Gas with the Commission’s rules. The appli­ D-3, G, G-X, A-l-X, and X-l. in addi­ Co., on September 30, 1970, tendered for tion there would be increases in rates un­ cation is on file with the Commission filing proposed changes in its PPC Gas and available for public inspection. der Rate Schedules X-7 and X-14 of Tariff, Original Volume No. 3, to become Third Revised Volume No. 2, which are effective on October 31, 1970. The pro­ G ordon M. Grant, keyed to and identical with the rates in posed rate changes would increase Secretary. effect from time to time under Rate charges for jurisdictional sales on its [F.R. Doc. 70-13564; Filed, Oct. 8, 1970; Schedules B-l and X-l, respectively, and Northwest Division System by $17,649,389 8:49 a.m.] in Rate Schedules PS-13, FS-17, PS-18, PS-34, and PS-35 of Original Volume No. annually, based upon volumes for the 12- 2A, which are keyed to and identical with month period ended May 31, 1970, as [Docket No. E-7565] the rate in effect from time to time under adjusted. The proposed increase would be applicable to El "Paso’s Rate Schedules KENTUCKY POWER CO. Rate Schedule X-l. PL-1, PL-4, PL-5, DL-1, DI-1, DS-1,1-1, El Paso states that the principal rea­ S-l, IOS-1, and SGS-1. El Paso proposes Order Suspending Proposed Rate sons for the proposed rate increases are to cancel Rates Schedules PL-2, PL-3, Schedule Supplement, Denying Re­ increased costs of capital, labor, mate­ DI-2, DI-3, DI-4, DI-5, DS-4, 1-2, 1-3, rials and supplies, purchased gas and quest for Waiver of Statutory Notice 1-4,1-5, 0-1, C-2, C-3, C-4, C-5, and XS- Period, and Providing for Hearing taxes and the resumption of the use of PL-1. Service under Rate Schedules normalized accounting for liberalized PL-2. DI-2, DI-3, DI-4, and DI-5 would October 2,1970. tax depreciation. The increased rates continue to be rendered under Rate provide for an overall rate of return of This order suspends for 5 months the 8.875 percent. Schedule DI-1; services under Rate operation of a proposed change in a rate Schedules PL-3, 1-2, 1-5, C-l, and C-5 schedule, denies requests for waiver of El Paso states that if the tendered r< would continue under Rate Schedule 1-1 statutory notice provisions, and orders vised tariff sheets are permitted to b( and service under Rate Schedule DS-4 a public hearing to be held on the lawful­ come effective on the proposed effects would continue under Rate Schedule ness of the proposed change. date of October 31, 1970, or if the Coir DS-1. Kentucky Power Co. (Kentucky), a mission should suspend the propose El Paso states that the principal rea­ public utility subject to the jurisdiction increased rates for any period beyon sons for the proposed rate increases are of this Commission, on September 2, October 31, 1970, El Paso would undei increased costs of capital, labor, materials 1970, tendered for filing Supplement No. take to make effective on such effects and supplies, purchased gas and taxes 2 to its Rate Schedule PPC No. 12 amend­ date, or to place in effect at the end < and the resumption of the use of nor­ ing the procedure through which it and such suspension period, all increase malized accounting for liberalized tax the City of Vanceburg, Ky. (City) would costs claimed in the filing except thi depreciation. The increased rates provide give notice for the termination of service portion of purchased gas costs reflectir for an overall rate of return of 8.875 per­ under the subject rate schedule. No supplier rates not in effect at that timt cent. change in rate level is proposed by this rovided, That El Paso is permitted 1 El Paso states that if the tendered re­ filing. Kentucky requests either waiver increase its Southern Division Systei vised tariff sheets are permitted to be­ of the 30-day statutory notice provision rates both before and after the end < come effective on the proposed effective in order to permit its tendered change to any s ^ suspension period (up to 0.( date of October 31, 1970, or if the Com­ become effective August 6,1970, or, if the in the aggregate) t mission should suspend the proposed waiver request is not granted, an effective tracking filings made under conditioi increased rates for any period beyond date of October 5,1970. different from those no Permitted El Paso in Docket No. RP70-1 October 31, 1970, EH Paso would under­ Kentucky serves the entire electric take to make effective on such effective requirements of the City under a 20-year of^ he filing were served on 1 date, or to place in effect at the end of agreement, which is Rate Schedule PPC torn avc 5 ? ^ h?rn Division System cus such suspension period, all increased No. 12 and Supplement No. 1 thereto. s and interested State commission costs claimed in the filing except that Under that agreement, on or after m £ ya«trS° \ de?iring to haard or 1 portion of purchased gas costs reflecting August 1, 1967, either party may give anniiAoi^ Protest with reference to sai supplier rates not in effect at that time; written notice of termination of the iol^A S^ ul

No. 197----- 10 FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15962 NOTICES August 7,1967, City notified Kentucky of The Commission orders: maintenance of the nuclear plant and its election to discontinue receiving serv­ (A) Pursuant to the authority con­ transmission facilities required to de­ ice under their agreement without speci­ tained in and subject to the jurisdiction liver the electrical output of the nuclear fying an effective date for such termina­ conferred upon the Federal Power Com­ plant to the bulk power transmission tion. After discussions, the City, by letter mission by the Federal Power Act and system. The York Haven Project is lo­ dated July 31, 1970, informed Kentucky pursuant to the Commission’s rules of cated on the Susquehanna River , in that it wished to continue to take serv­ practice and procedure, a public hearing Dauphin, Lancaster, and York Counties, ice on a temporary, day-to-day basis shall be convened to commerce with a Pa., in the vicinity of Harrisburg, until its plans for a long range new power prehearing conference to be held on No­ Lancaster, and York. source were completed. vember 24, 1970, at 10 a.m., e.s.t., at the Any person desiring to be heard or to By this tender, Kentucky proposes to offices of the Federal Power Commission make any protest with reference to said change the termination provision con­ in Washington, D.C., concerning the law­ application should on or before De­ tained in the agreement to provide that fulness of Supplement No. 2 to Ken­ cember 2, 1970, file with the Federal (1) if within a period of 60 days imme­ tucky’s Rate Schedule FPC No. 12. Power Commission, Washington, D.C. diately following the proposed date of (B) Kentucky’s request for waiver of 20426, petitions to intervene or protests termination (assuming written notice the 30-day statutory notice provision is in accordance with the requirements of was delivered to the other party 3 years hereby denied. the Commission’s rules of practice and prior to the proposed termination) (C) Pending such hearing and deci­ procedure (18 CFR 1.8 or 1.10). All pro­ neither party disconnects its electric fa­ sion thereon, Supplement No. 2 is hereby tests filed with the Commission will be cilities from the other, the election suspended and the use thereof deferred considered by it in determining the ap­ and notice of termination of the agree­ until March 5, 1971. On that day, that propriate action to be taken but will not ment is deemed withdrawn and has no supplement shall take effect in the man­ serve to make the protestants parties to further force nor effect; and (2) if a ner prescribed by the Federal Power Act, the proceeding. Persons wishing to be­ notifying party, on or after August 7, subject to further orders of the Com­ come parties to a proceeding or to par­ 1970, fails to specify a date of proposed mission. ticipate as a party in any hearing termination, the notice of termination (D) Unless otherwise ordered by the therein must file petitions to intervene is deemed to include the day which is the Commission, Kentucky shall not change in accordance with the Commission’s third anniversary of the receipt of the the terms or provisions of Supplement rules. The application is on file with the notice of termination by the party to be No. 2 to its Rate Schedule FPC No. 12 Commission and available for public notified. until this proceeding has been termi­ inspection. The City filed a telegram with the nated or until the period of suspension Gordon M. Grant, Commission on September 21, 1970, pro­ has expired. Secretary. testing Kentucky’s filing and indicating (E) Protests and petitions to inter­ [F.R. Doc. 70-13509; Filed, Oct. 8, 1970; that it is presently in negotiation with vene may be filed with the Federal Power 8:45 a.m.] two electric cooperatives who might act Commission, Washington, D.C. 20426, in as replacements for Kentucky as the accordance with the rules of practice City's power source .The City did not and procedure (18 CFR 1.8 or 1.10) on [Dockets Nos. RI71-313, etc. ] specify a date as to when those negotia­ or before October 28,1970. NEWMONT OIL CO., ET AL. tions may be completed. Kentucky, by telegram, filed Septem­ By the Commission. Order Providing for Hearing on and ber 25, 1970, replied to the City’s tele­ [seal] G ordon M. G rant, Suspension of Proposed Changes in gram and requested the Commission to Secretary. Rates, and Allowing Rate Changes permit its Supplement No. 2 to become [F.R. Doc. 70-13510; Filed, Oct. 8, 1970; To Become Effective Subject to effective on the date assigned, so that 8:45 a.m.] the City can then decide whether it wants Refund 1 to disconnect or to continue under the October 1,1970. contract. It appears that the City is seek­ [Project No. 1888] The Respondents named herein have ing an alternate supply of power. Ken­ METROPOLITAN EDISON CO., ET AL. filed proposed changes in rates and tucky, on the other hand, appears willing charges of currently effective rate sched­ to continue to render service to the City, Notice of Application for Approval To ules for sales of natural gas under Com­ but not on a temporary day-to-day Permit Joint Use of Project Waters mission jurisdiction, as set forth in basis. We believe that the interests of the and Lands of a Constructed Project Appendix A hereof. public will be served best through the The proposed changed rates and suspension of Kentucky’s proposed October 1,1970. charges may be unjust, unreasonable, change in rate schedule and a hearing Metropolitan Edison Co. (Licensee), unduly discriminatory, or preferential, thereon. Jersey Central Power & Light Co., Penn­ or otherwise unlawful. The Commission finds: sylvania Electric Co., and York Haven The Commission finds: (1) Supplement No. 2 to Kentucky’s Power Co. It is in the public interest and consist­ Rate Schedule FPC No. 12 has not been Public notice is hereby given that ap­ ent with the Natural Gas Act that the shown to be justified and may be unjust, plication has been filed pursuant to the Commission enter upon hearings regard­ unreasonable, unduly discriminatory, provisions of the license for the York ing the lawfulness of the proposed preferential, or otherwise unlawful un­ Haven Project No. 1888 by Metropolitan changes, and that the supplements der the Federal Power Act. Edison Co. (Licensee), on its own behalf herein be suspended and their use be (2) Good cause exists to deny Ken­ and on behalf of the other above-named deferred as ordered below. tucky’s request for waiver of the statu­ companies (correspondence to: J. C. The Commission orders : tory 30-day notice period. Miller, Vice President, Metropolitan Edi­ (A) Under the Natural Gas Act, par­ (31 It is necessary and appropriate son Co., and R. D. Ley, Vice President, ticularly sections 4 and 15, the regula­ for the purposes of the Federal Power York Haven Power Co., Post Office Box tions pertaining thereto (18 CFR Ch.l), Act, particularly sections 205, 206, 301, 542, Reading, Pa. 19603) for approval of: and the Commission’s rules of pracnce 307, 308, and 309 thereof, that the Com­ (1) Additional joint use of project lands and procedure, public hearings shall be mission enter upon a hearing concern­ and waters of the York Haven Project held concerning the lawfulness of tne proposed changes. . . ing the lawfulness of the proposed sup­ for make-up, cooling and other related (B) Pending hearings and decisions plement, that said proposed supplement purposes for the second nuclear gener­ thereon, the rate supplements hereinare be suspended and the use thereof be de­ ating unit at the Three Mile Island ferred, and that a public hearing be ini­ Nuclear Plant, and (2) additional joint siisnpnded and their use deferred tiated in accordance with the procedures use of project lands and waters for set forth below, all as hereinafter rights-of-way and easements necessary l Does not consolidate for hearing or dis provided. for the construction, operation and pose of the several matters herein.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 NOTICES 15963 date shown in the “Date Suspended Un­ showing service of copies thereof upon (C) Until otherwise ordered by the til” column, and thereafter until made all purchasers under the rate schedule Commission, neither the suspended sup­ effective as prescribed by the Natural involved. Unless respondents are advised plements, nor the rate schedules sought Gas Act: Provided, however, That the to the contrary within 15 days after the to be altered, shall be changed until dis­ supplements to the rate schedules filed filing of their respective agreements and position of these proceedings or expira­ by respondents, as set forth herein, shall undertakings, such agreements and un­ tion of the suspension period. become effective subject to refund on the dertakings shall be deemed to have been (D) Notices of intervention or peti­ date and in the manner herein pre­ accepted.1 tions to intervene may be filed with the scribed if within 20 days from the date Federal Power Commission, Washington, of the issuance of this order respondents aIf an acceptable general undertaking, as shall each execute and file under its provided in Order No. 377, has previously D.C. 20426, in accordance with the rules above-designated docket number with been filed by a producer, then it will not of practice and procedure (18 CFR 1.8 the Secretary of the Commission its be necessary for that producer to file an and 1.37(f)) on or before November 23, agreement and undertaking as provided agreement and undertaking to comply herein. In such circumstances the producer’s 1970. with the refunding and reporting proce­ proposed increased rate will become effec­ By the Commission. dure required by the Natural Gas Act tive as of the expiration of the suspension and § 154.102 of the regulations there­ period without any further action by the [seal] G ordon M. G rant, under, accompanied by a certificate producer. Secretary.

Appendix A

Cents per Mcf* Rate Rate Supple­ Amount Date Effective Date in effect Docket Respondent schedule ment Purchaser and producing area of annual filing date sus­ Rate Proposed subject to No. No. No. increase tendered unless pended in increased refund in suspended until— effect rate dockets Nos.

RI71-313-.. Newmont Oil Company. . 3 4416 Transcontinental Gas Pipe Line $513 9-3-70 10-4-70 10-5-70 19.0 <20.0 Corp. (Ship Shoal Block 72 Field, Offshore Louisiana (Federal Do­ main)). RI71-314... Continental Oil Company. 158 4418 ...... do...... , ___ 1,540 9-4-70 10-5-70 10-6-70 19.0 ‘ 20.0 RI71-315... Gulf Oil Corporation...... 220 “ 12 Transcontinental Gas Pipe Line 18,250 9-3-70 10-4-70 10-5-70 19.0 *20.0 Corp. (Vermilion Block 131 Field, Offshore Louisiana (Federal Domain)).

’Pressure base is 15.025 p.s.i.a. 4 Applies only to gas well gas produced from the J-3 sand reservoir. * Includes supporting documents required by Opinion No. 567. 5 Supporting documents required by Opinion No. 567 previously filed and accepted 2 Pursuant to Opinion No. 646-A based on the determinations in Opinion No. 567. (Supp. No. 11). * Not used. * Applies only to gas well gas produced from the No. 15 sand reservoir. The proposed increases involved here were to Chattanooga Gas Co. (Chattanooga) in accordance with the Commission’s submitted pursuant to Opinion No. 546-A during the 1969-70 heating season a rules. based on the determinations in Opinion No. 567 with respect to gas well gas produced contract demand of 52,000 Mcf. However, G ordon M. G rant, from newly discovered reservoirs. Consist­ by order issued October 29, 1969 (in Secretary. ent with prior Commission action on similar Phase H, the Commission authorized [F.R. Doc. 70-13657; Filed, Oct. 8, 1970; Increases, the proposed rates are suspended applicant, inter alia, to sell and deliver 8:51 a.m.] for 1 day from the expiration of the Statu­ to Chattanooga a contract demand of tory notice period. Thereafter, the pro­ only 47,500 Mcf. posed rates may be collected subject to re­ [Docket No. CP71-90] fund pending the outcome of Docket No. Applicant states, Chattanooga has ad­ AR69-1. vised applicant that, in order to permit WESTERN GAS INTERSTATE CO. continuance of the present level of serv­ [F.R. Doc. 70-13512; Filed, Oct. 8, 1970; ice in its area. Chattanooga desires that Notice of Application 8:45 a.m.] its contract demand remain at 52,000 Mcf. Applicant requests that the Com­ October 7,1970. [Docket No. CP70-7 (Phase II) ] mission amend the certificate issued on Take notice that on October 1, 1970, October 29, 1969, in Phase II in this pro­ Western Gas Interstate Co. (applicant), SOUTHERN NATURAL GAS CO. ceeding to authorize the continued de­ Fidelity Union Tower, Dallas, Tex. 75201, Notice of Petition To Modify a Cert livery of 52,000 Mcf of natural gas to filed in Docket No. CP71-90 an applica­ Chattanooga. tion pursuant to sections 7(b) and 7(c) cate of Public Convenience a of the Natural Gas Act for permission Necessity In this instance it appears that a shorter notice period is reasonable and to replace approximately 10,600 feet of October 7, 1970 consistent with the public interest. Ac­ its existing 4-inch pipeline system in Take notice that on October 1, 19 cordingly, any person desiring to be Beaver County, Okla., all as more fully Natural Gas- Co. (applican heard or to make any protest with refer­ set forth in the application which is on ^ O ffice Box 2563, Birmingham, A ence to said petition to amend should on file with the Commission and open to «¿ 02, filed in Docket No. CP70-7 (Phi or before October 21, 1970, file with the public inspection. Petition for a modification of t Federal Power Commission, Washington, Specifically, applicant requests an .ate of public convenience a D.C. 20426, a petition to intervene or a order authorizing it to abandon the ex­ necessity issued pursuant to section 7< protest in accordance with the require­ isting section of the pipeline in place, ?L“ ® Natural Gas Act on October ments of the Commission’s rules of and issuing a certificate of public con­ Annui» subject docket, to author practice and procedure (18 CFR 1.8 or venience, and necessity authorizing ap­ n S 5 i ^nt ~ sel1 and ddiver to Chatl 1.10) and the Regulations under the plicant to construct and operate approx­ derrfnn?a i ^ •/C h a tta n o o g a ) a contn Natural Gas Act (18 CFR 157.10). All imately 10,600 feet of 4-inch pipeline as mnrp f,fn52,0

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15964 NOTICES Applicant proposes to abandon the ex­ suspension of trading in the common Profit Housing and Business Opportuni­ isting section of 4-inch pipeline in place stock, 10-cent par value of Continental ties Corp., 316 Fifth Street, Racine, Wis. since the cost of reclaiming this pipe Vending Machine Corp., and the 6 per­ 53403, a nonprofit organization estab­ exceeds its salvage value. cent convertible subordinated debentures lished under the laws of the State of Applicant states that the estimated due September 1, 1976, being traded Wisconsin, will be the sole stockholder of overall capital cost of such replacement otherwise than on a national securities the Applicant, and. proposes to commence is $14,541, which applicant plans to pay exchange is required in the public interest operations with a capitalization of from cash on hand. Applicant states that and for the protection of investors; $150,000. As a MESBIC, the company it does not anticipate that there will be It is ordered, Pursuant to section 15 proposes to be licensed solely for the any discontinuance of service during the (c) (5) of the Securities Exchange Act purpose of providing assistance which time required to replace the pipe. of 1934, that trading in such securities will contribute to a well-balanced na­ In this instance it appears that a otherwise than on a national securities tional economy by facilitating the acqui­ shorter notice period is reasonable and exchange be summarily suspended, this sition or maintenance of ownership of consistent with the public interest. Ac­ order to be effective for the period Octo­ small business concerns by individuals cordingly, any person desiring to be ber 3, 1970, through October 12, 1970, whose participation in the free enter­ heard or to make any protest with refer­ both dates inclusive. prise system is hampered because of ence to said application, should on or By the Commission. social or economic disadvantages. before October 21, 1970, file with the Matters involved in SBA’s considera­ Federal Power Commission, Washington, [seal] Or val L. D uBois, tion of the application include the gen­ D.C. 20426, a petition to intervene or a Secretary. eral business reputation and character of protest in accordance with the require­ [F.R. Doc. 70-13552; Filed, Oct. 8, 1970; the management, and the probability of ments of the Commission’s rules of 8:48 a.m.] successful operations of the new com­ practice and procedure (18 CFR 1.8 or pany under their management, including 1.10) and the regulations under the adequate profitability and financial Natural Gas Act (18 CFR 157.10). All soundness, in accordance with the Act protests filed with the Commission will SMALL OUSINESS and regulations. be considered by it in determining the Notice is further given that any in­ appropriate action to be taken but will ADMINISTRATION terested person may not later than 10 not serve to make the protestants parties REC BUSINESS OPPORTUNITIES CORP. days from the date of publication of this to the proceeding. Any person wishing to notice, submit to SBA in writing, relevant become a party to a proceeding or to Notice of Application for License as comments on the proposed company. Any participate as a party in any hearing Minority Enterprise Small Business communication should be addressed to: therein must file a petition to intervene Investment Company Associate Administrator for Investment, in accordance with the Commission’s Small Business Administration, 1441 L Rules. Notice is hereby given concerning the Street NW., Washington, D.C. 20416. A Take further notice that, pursuant to filing of an application with the Small copy of this notice shall be published in a the authority contained in and subject Business Administration (SBA) pur­ newspaper of general circulation in to the jurisdiction conferred upon the suant to § 107.102 of the Regulations Racine, Wis. Federal Power Commission by sections 7 Governing Small Business Investment A. H. S inger, and 15 of the Natural Gas Act and the Companies (33 F.R. 326, 13 CFR Part Associate Administrator Commission’s rules of practice and pro­ 107) under the name of REC Business for Investment. cedure, a hearing will be held without Opportunities Corp., 316 Fifth Street, S eptember 25,1970. further notice before the Commission Racine, Wis. 53403, for license to operate [F.R. Doc. 70-13521; Filed, Oct. 8, 1970; on this application if no petition to in the State of Wisconsin as a minority 8:46 a.m.] intervene is filed within the time required enterprise small business investment herein, if the Commission on its own re­ company (MESBIC) under the provi­ view of the matter finds that a grant of sions of the Small Business Investment the certificate and/or permission and Act of 1958, as amended (15 UJS.C. 661 INTERSTATE COMMERCE approval for the proposed abandonment et seq.) (Act), License No. 07/07-5081. is required by the public convenience and The proposed officers and directors are COMMISSION necessity. If a petition for leave to inter­ as follows: vene is timely filed, or if the Commission Roger G. DeLong, 2205 Rivershore Drive, [Notice 164] on its own motion believes that a formal Racine, Wis. 58405, President and Director. hearing is required, further notice of Thomas G. Cook, 636 Perry Avenue, Racine, MOTOR CARRIER TEMPORARY Wis. 53Í06, Vice President of Finance, AUTHORITY APPLICATIONS such hearing will be duly given. Treasurer and Director. Under the procedure herein provided George R. Stinson, 440 Three Mile Road, Apt. October 2, 1970. for, unless otherwise advised, it will be B—6, Racine, Wis. 53402, Vice President of The following are notices of filing of unnecessary for Applicant to appear or Operations, General Manager and Director. applications for temporary authority be represented at the hearing. LeRoy Wooley, 1338 Hamilton Street, Racine, under section 210a(a) of the Interstate Wis. 53404, Secretary and Director. G ordon M. Grant, Dr. John Bryant, 1708 Emmertson Road, Commerce Act provided for under the Secretary. Racine, Wis. 53406, Director. new rifles of Ex Parte. No. MC-67 (49 CFR Part 1131), published in the Fed­ [F.R. Doc. 70-13658; Filed, Oct. 8, 1970; Samuel C. Johnson, 16 Vincennes Circle, 8:51 a.m.] Racine, Wis. 53402, Director. eral R egister, issue of April 27, 1965, William C. Kidd, 3063 Michigan Boulevard, effective July 1, 1965. These rules pro­ Racine, Wis. 53402, Director. vide that protests to the granting of an Quincy Bryant, Apt. ,30, 2800 Jacato Drive, application must be filed with the field Racine, Wis. 53404, Director. official named in the F ederal R egister SECURITIES AND EXCHANGE Julian Thomas, 1818 Hillside Drive, Racine, Wis. 53403, Vice President and Director. publication, within 15 calendar days Joseph B. Nelson, Jr., 1032 Lathrop Avenue, after the date of notice of the filing 01 COMMISSION Racine, Wis. 53405, Director and Senior the application is published in the Fee- [File No. 1-3421] Vice President of Operations. eral R egister. One copy of such protests Paul J. Cody, 4304 Taylor Avenue, Racine, must be served on the applicant, or ps CONTINENTAL VENDING MACHINE Wis. 53405, Director. authorized representative, if any, and the CORP, Edward W. Larsen, 12 Raven Turn, Racine, protests must certify that such service Wis. 53402, Director. Order Suspending Trading has been made. The protests must oe None of the above will be salaried, nor specific as to the service which sucn October 2, 1970. will any one of them own, directly or Protestant can and will offer, and must It appearing to the Securities and Ex­ indirectly, any capital stock or other consist of a signed original and six change Commission that the summary securities of the Applicant. REC Non- copies.

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 NOTICES 15965

A copy of the application is on file, Iberia, La., over Louisiana Highway 31 to Highway 20 to junction with Louisiana and can be examined at the Office of the Opelousas, La., and return over the same Highway 24 to Houma, La., thence over Secretary, Interstate Commerce Com­ route, serving all intermediate points Louisiana Highway 315 to Theriot, La., mission, Washington, D.C., and also in and the off-route point of Cecelia; (12) and return over the same route, serving field office to which protests are to be from Leonville, La., over Louisiana High­ all intermediate points; (30) from transmitted. way 103 to Port Barre, La., and return Schriever, La., to Gibson, La., over Loui­ over the same route, serving all inter­ siana Highway 20 and return over the Motors Carriers of P roperty mediate points; (13) from Lafayette, same route, serving all intermediate No. MC 30319 (Sub-No. 139 TA), filed La., over Louisiana Highways 94 and 347 points; (31) from Houma, La., over Lou­ September 28, 1970. Applicant: SOUTH­ to Henderson Landing, La., and return isiana Highway 57 to its junction with ERN PACIFIC TRANSPORT COM­ over the same route, serving all inter­ Louisiana Highway 56 and return over PANY OF TEXAS AND LOUISIANA, mediate points; (14) from New Iberia, the same route, serving all intermediate 7600 South Central Expressway, 733 La., over Louisiana Highway 14 to its points; (32) from Houma, La., over South Poydras Street (75202), Post junction with Louisiana Highway 329, Louisiana Highway 56 to Cocodrie, La., Office Box 6187 (75222), Dallas, Tex. thence over Louisiana Highway 329 to and return over the same route, serving 75216. Applicant’s representative: D. Avery Island, La., and return over the all intermediate points; (33) from junc­ Humphrey (same address as above). same route, serving all intermediate tion of Louisiana Highways 56 and 55 Authority sought to operate as a com­ points; (15) from Baldwin, La., over (southeast of Houma), thence over mon carrier, by motor vehicle, over Louisiana Highway 83 to junction with Louisiana Highway 55 to its terminal regular routes, transporting: General Louisiana Highway 85 and return over and return over the same route, serving commodities, except household goods as the same route, serving all intermediate all intermediate points. defined by the Commission, commodities points. (34) From junction of Interstate High­ in bulk, and those requiring special (16) From Gueydan, La., over Louisi­ way 10 and Louisiana Highway 91, over equipment; (1) between New Orleans, ana Highway 91 to Midland, La., and Louisiana Highway 91 to Eunice, La., La., and the Louisiana-Texas State line, return over the same route, serving all and return over the same route, serving over U.S. Highway 90; (2) between New intermediate points; (17) from Cade, La., all intermediate points; (35) from Iota, Orleans, La., and the Louisiana-Texas over Louisiana Highway 92 to Maurice, La., over Highway 98 to Maxie, La., and State line, over Interstate Highway 10; La., and return over the same route, return over the same route, serving all (3) between New Orleans and Iowa, La., serving all intermediate points; (18) intermediate points; (36) from Kaplan, over U.S. Highway 61,190, and 165 serv­ from Burke, La., at junction of U.S. La., over Louisiana Highway 35 to junc­ ing no intermediate points except Port Highway 90 and Louisiana Highway 88 tion of Louisiana Highway 82, thence Barre, Opelousas, and Eunice, La.; (4) over Louisiana Highways 88 and 89 to over Louisiana Highway 82 to Pan Amer­ from New Iberia, La.,' over Louisiana Lafayette, La., and return over the same ican warehouse site (located approxi­ Highway 14 to its junction with Loui­ route, serving all intermediate points; mately 25 miles east of Creole, La.), and siana Highway 83, thence over Louisiana (19) from junction of Louisiana High­ return over the same route, serving all Highway 83 to its junction with Loui­ ways 14 and 13 near Kaplan, La., thence intermediate points; (37) between Holly siana Highway 85, thence over Louisiana over Louisiana Highway 13 to Eunice, Beach, La., and the Louisiana-Texas Highway 85 to Jeanerette, La., and re­ La., and return over the same route, State line, over Louisiana Highway 82, turn over the same route, serving all serving all intermediate points; (20) and return over the same route, serving intermediate points; (5) from Jeaner­ from junction of Louisiana Highways 14 all intermediate points; (38) from Creole, ette, La., over Louisiana Highway 673, and 99 (east of Lake Charles) over Loui­ La., over Louisiana Highway 82 to the thence over Louisiana Highway 673 siana Highway 99 to Welsh, La., and re­ site of the Pan American Petroleum through Patoutville, La., to its junction turn over the same routes, serving all in­ Corp. warehouse (approximately 25 miles with Louisiana Highway 85, thence over termediate points; (21) from Lake east of Creole, La.) and return over the Louisiana Highway 85 to its junction Charles, La., over U.S. Highway 171 to same route, serving all intermediate with Louisiana Highway 674, thence DeRidder, La., and return over the same points; (39) from Lake Charles, La., over over Louisiana Highway 674 to New route, serving all intermediate points, ex­ Louisiana Highway 385 to junction of Iberia, La.,_ and return over the same cept Ragley; (22) from Chacahoula, La., Louisiana Highway 384, thence over Lou­ route, serving all intermediate points; over Louisiana Highway 309 to the plant- isiana Highway 384 to junction of Lou­ (6) from Jeanerette, La., over Louisiana site of Shreveport Sulphur Co. and re­ isiana Highway 27, thence over Louisiana Highway 672 to its junction with Loui­ turn over the same route, serving all Highway 27 to Cameron, La., and return siana Highway 85 (and return over the intermediate points; (23) from Center­ over the same route, serving all inter­ same route, serving all intermediate ville, La., over Louisiana Highway 317 to mediate points, and the off-route points points. Salt Point, La., and return over the same of Sweet Lake and Grand Lake, La., and (7) From Raceland, La., over Lot route, serving all intermediate points; the warehouse of Stanolind Oil and Gas siana Highway 308 to its junction wi (24) from junction of Louisiana Highway Co.; (40) from Lake Charles, La., over Louisiana Highway 651, thence ov 14 and unnumbered county road ap­ U.S. Highway 90 to junction with Lou­ Louisiana Highway 651 to Bowie, L proximately 6 miles west of Lake Arthur, isiana Highway 27, thence over Louisi­ and return over the same route, servii La., over such unnumbered road to the ana Highway 27 to Cameron, La., and all intermediate points; (8) from A plantsite of Superior Oil Co. near return over the same route, serving all beville, La., over U.S. Highway 167 Lowery, La., and return over the same intermediate points; (41) from junction junction with Louisiana Highway : route, serving all intermediate points. of Louisiana Highway 27 and 384 over thence over Louisiana Highway 10 (25) From Lake Arthur, La., over Louisiana Highway 27 to Holmwood, La., junction with Louisiana Highway 11 Louisiana Highway 26 to Jennings, La., and return over the same route, serving thence over Louisiana Highway 182 and return over the same route, serving all intermediate points. junction with Louisiana Highway 2 all intermediate points; (26) from (42) From New Iberia, La., to Lake thence over Louisiana Highway 29 Boutte, La. (located on U.S. Highway 90 Charles, La., over Louisiana Highway 14, junction with U.S. Highway 71, then west of New Orleans) over unnumbered and return over the same route, serving over U S. Highway 71 to Alexandria, L road to Luling, La., thence over Louisi­ all intermediate points. Serving all inter­ and return over the same route, servii ana Highway 18 to Huey P. Long Bridge mediate points listed above with excep­ ail intermediate points; (9) frc and return over the same route, serving tion of (1) Route No. 3 is a closed-door La > °ver U.S. Highway 71 all intermediate points; (27) from Grand route except at points applicant is pres­ Krotz Springs, La., and return over t Isle, La., over Highway 1 to Glenwood, ently authorized to serve, Port Barre, same route, not serving any intermedia La., and return over the same route, serv­ Opelousas, and Eunice, La., (2) routes Kiorft’ *and. not servin8 Krotz Sprini ing all intermediate points; (28) from Nos. 9 and 10, which are for joinder except for joinder purposes; (10) frc Raceland, La., over U.S. Highway 90 to purposes only, and (3) route No. 21 which overJLouisiana Highway junction with Louisiana Highway 308, prohibits serving Ragley, La.; (43) be­ rmitogSS’ iJa’’ ant* return over the sar thence over Louisiana Highway 308 to tween Dallas, Tex., and the Texas-Lou- S ; serving any intermedia Jay, La., and return over the same route, isiana State line, over U.S. Highway 175 r & a,nd not servin2 Lebeau exce serving all inetrmediate points; (29) to Jacksonville, Tex., thence over U.S. tor joinder purposes; (li) from N< from Thibodeaux, La., over Louisiana Highway 69 to Beaumont, Tex., thence

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15966 NOTICES over U.S. Highway 90 to the Texas-Lou- 07202. Applicant’s representative: George SCHWERMAN TRUCKING CO., 611 isiana State line; (44) between Dallas, A. Olsen, 69 Tonnele Avenue, Jersey City, South 28th Street, Milwaukee, Wis. Tex., and the Texas-Louisiana State line N.J. 07306. Authority sought to operate 53215. Applicant’s representative: Rich­ over U.S. Highway 75 (also over Inter­ as a contract carrier, by motor vehicle, ard H. Prevette (same address as above). state Highway 45) to Houston, Tex., over irregular routes, transporting: Authority sought to operate as a com­ thence over U.S. Highway 90); (45) be­ Cheese and products and supplies used mon carrier, by motor vehicle, over tween Houston, Tex., and the Texas- in the manufacturing of cheese, for the irregular routes, transporting: Clay Louisiana State line, over Interstate account of N. Dorman & Co., (1) from slurry, in bulk, from Wrens, Ga., to Highway 10 to Winnie, Tex., thence over Monroe, Wis., to Landover, Md., (2) Franklin, Va., for 150 days. Supporting Texas State Highway 73 to Port Arthur, from Monroe, Wis., to points in Nassau shipper: J. M. Huber Corp., Thornall Tex., thence over Texas Highway 87; County, N.Y., and Neptune City, N.J., for Street, Edison, N.J. 08817 (H. L. Brand, (46) between Winnie, Tex., and Beau­ the purpose of stop-off for partial un­ Director of Traffic). Send protests to: mont, Tex., over Interstate Highway 10 loading with shipments destined to Land- District Supervisor Lyle D. Heifer, Inter­ for joinder purposes only. Routes Nos. over, Md., for 150 days. Supporting state Commerce Commission, Bureau of 43 through 46, inclusive, are closed-door shipper: N. Dorman Cheese Co., 73 Hud­ Operations, 135 West Wells Street, Room through routes, to and from Dallas and son Street, New York, N.Y. 10013. Send 807, Milwaukee, Wis. 53203. Houston, Tex., on the one hand, and all protests to: District Supervisor Robert No. MC 124796 (Sub-No. 73 TA), filed Louisiana points and routes on the other S. H. Vance, Bureau of Operations, Inter­ September 29, 1970. Applicant: CONTI­ hand, as described in above Routes Nos. state Commerce Commission, 970 Broad NENTAL CONTRACT CARRIER CORP., 1 through 42, for 180 days. Supporting Street, Newark, N.J. 07102. 15045 East Salt Lake Avenue, Post Office shippers: There are approximately 16 No. MC 111170 (Sub-No. 149 TA), filed Box 1257, City of Industry, Calif. 91747. statements of support attached to the September 29,1970. Applicant: WHEEL­ Authority sought to operate as a con­ application, which may be examined here ING PIPE LINE, INC., Post Office Box tract carrier, by motor vehicle, over ir­ at the Interstate Commerce Commission 1718, 2311 North West Avenue, El Do­ regular routes, transporting: Washing in Washington, D.C., or copies thereof rado, Ark. 71730. Authority sought to and cleaning compounds, from Chicago, which may be examined at the field office operate as a common carrier, by motor 111., to Houston, Tex., restricted under named below. Send protests to: E. K. vehicle, over irregular routes, transport­ a continuing contract with The Clorox Willis, Jr., District Supervisor, Interstate ing: Urea formaldehyde resin, in bulk, Co., for 150 days. Supporting shipper: Commerce Commission, Bureau of Oper­ from Malvern, Ark., to Algoma, Wis., and The Clorox Co., Post Office Box 24305, ations, 513 Thomas Building, 1314 Wood Albuquerque, N. Mex., for 180 days. Sup­ Oakland, Calif. 94623. Send protests to: Street, Dallas, Tex. 75202. porting shipper: Wright Chemical Corp., John E. Nance, District Supervisor, In­ No. MC 59488 (Sub-No. 35 TA), filed Riegelwood, N.C. Send protests to: Dis­ terstate Commerce Commission, Bureau September 25, 1970. Applicant: SOUTH­ trict Supervisor William H. Land, Jr., of Operations, Room 7708, Federal WESTERN TRANSPORTATION COM­ Interstate Commerce Commission, Bu­ Building, 300 North Los Angeles Street, PANY, a corporation, 7600 South Central reau of Operations, 2519 Federal Office Los Angeles, Calif. 90012. Expressway, Dallas, Tex. 75216, Post Building, 700 West Capitol, Little Rock, No. MC 128685 (Sub-No. 5 TA), filed Office Box 6187, 75222. Applicant’s repre­ Ark. 72201. September 28, 1970. Applicant: DIXON sentative: J. Humphrey (same address as No. MC 114897 (Sub-No. 90 TA), filed BROS., Post Office Box 636, Newcastle, applicant). Authority sought to operate September 28, 1970. Applicant: WHIT­ Wyo. 82701. Applicant’s representative: as a common carrier, by motor vehicle, FIELD TANK LINES, INC., 300-316 Robert S. Stauffer,» 3539 Boston Road, over irregular routes, transporting: Gen­ North Clark Road, Post Office Drawer Cheyenne, Wyo. 82001. Authority sought eral commodities (except those of un­ 9897, El Paso, Tex. 79989. Applicant’s to operate as a common carrier, by motor usual value, household goods as defined representative: J. P. Rose (same address vehicle, over irregular routes, transport­ by the Commission, commodities in bulk, as above). Authority sought to operate as ing: Lumber and wood laths, from points commodities requiring special equipment, a common carrier, by motor vehicle, over in Custer County, S, Dak., to points in and those injurious or contaminating to irregular routes, transporting: Titanium Colorado, Iowa, Minnesota, and Ne­ other lading), serving the site of Blundell tetrachloride, in bulk, in tank vehicles, braska, for 180 days. Supporting ship­ Creek Steam Electric Station in Titus from Henderson, Nev., to Richmond, per: Custer Lumber Co., Post Office Box County, Tex., as an off-route point in Calif., for 180 days. Supporting shipper: 191, Custer, S. Dak. 57730. Send pro­ connection with applicant’s authority to P. H. Norton, Purchasing Agent, Tita­ tests to: Paul A. Naughton, District Su­ serve Mount Pleasant, Tex., for 180 days. nium Metals Corporation of America, pervisor, Interstate Commerce Commis­ Supporting shipper: Industrial Generat­ Post Office Box 2128, Henderson, Nev. sion, Bureau of Operations, Room 304, ing Co., 1506 Commerce Street, Dallas, 89015. Send protests to: Haskell E. Bal­ Lierd Building, 259 South Center Street, Tex. 75201. Send protests to: E. K. Wil­ lard, District Supervisor, Interstate asper, Wyo. 82601. lis, Jr., District Supervisor, Interstate Commerce Commission, Bureau of Oper­ No. MC 128862 (Sub-No. 6 TA), filed Commerce Commission, Bureau of Op­ ations, 918 Tyler Street, Amarillo, Tex. eptember 28, 1970. Applicant: B. J. erations, 513 Thomas Building, 1314 79101. IECIL TRUCKING, INC., P o s t Office Wood Street, Dallas, Tex. 75202. No. MC 119880 (Sub-No. 42 TA), filed ox C, Claypool, Ariz. 85532. Applicant s No. MC 107295 (Sub-No. 447 TA), filed September 29, 1970. Applicant: DRUM spresentative: Earl Carroll, 363 North September 28, 1970. Applicant: PRE­ TRANSPORT, INC., Box 2056, 616 Chi­ irst Avenue, Phoenix, Anz. 85003. Au- FAB TRANSIT CO., a corporation, Post cago Street, East Peoria, 111. 61611. lority sought to operate as a common Office Box 146, 100 South Main Street, Applicant’s representative: B. N. Drum irrier, by motor vehicle, over irregular Farmer City, 111. 61842. Authority sought (same address as above). Authority jutes, transporting: Copper cement, to operate as a common carrier, by motor sought to operate as a common carrier, :om the Zonia Mine, located approxi- vehicle, over irregular routes, transport­ by motor vehicle, over irregular routes, lately 6 miles east of Kirkland, Anz.. ing : Linoleum cement, wallboard cement, transporting: Alcoholic liquors, in bulk, ) McGill, Nev., and El Paso, Tex., for acoustical tile cement, or facing cement, in tank vehicles, from the port of entry 80 days. Supporting shipper: Aaron in packages, cans, or pails and packaged between United States and Canada 'erer & Sons Co., 909 Abbott Dnve, in cartons; from New Philadelphia, Ohio, located at or near Blaine, Wash., to imaha, Nebr. 68102. Send protests to. to Pittsburg, Kans., for 180 days. Sup­ Lewiston, Maine, Clifton and Nutley, ndrew V. Baylor, District Supervisor, porting shipper: Wal-Lite Products Divi­ N.J., and Atlanta, Ga., for 180 days. Sup­ nterstate Commerce Commission, bu- sion of U.S. Gypsum Co., Pittsburg, porting shipper: Potter’Distilleries, Ltd., eau of Operations, 3427 Federal Bun Kans. Send protests to: Harold Joliff, Langley, British Columbia, Canada. lg, Phoenix, Ariz. 85025. District Supervisor, Interstate Com­ Send protests to: Raymond E. Mauk, Dis­ No. MC 129350 (Sub-No. KL/lAh merce Commission, Bureau of Opera­ trict Supervisor, Interstate Commerce led September 28, 1970, Apphcant tions, Room 476, 325 West Adams Street, Commission, Bureau of Operations, IHARLES E. WOLFE, doing busmej Springfield, HI. 62704. Everett McKinley Dirksen Building, 219 s EVERGREEN EXPRESS Post Office No. MC 110884 (Sub-No. 17 TA), filed South Dearborn Street, Room 1086, Chi­ lox 212, 410 North 10th Street, 591- September 29, 1970. Applicant: AUBREY cago, 111. 60604. lillings, Mont. 59103. A pphcan^ repre FREIGHT LINES, INC., Post Office Box No. MC 124078 (Sub-No. 456 TA), mtative: J. F. Meglen Post OfficeBox 503, 651 Grove Street, Elizabeth, N.J. filed September 25, 1970. Applicant: sri ■Rilliners. Mont. 59103. Autho

FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 NOTICES 15967 sought to operate as a common carrier, merce Commission, Room 369, Federal and Co., I ll East Wacker Drive, Chicago, by motor vehicle, over irregular routes, Building, Pierre, S. Dak. 57501. HI, Send protests to: E. K. Willis, Jr., transporting: Lumber and lumber prod­ No. MC 133755 (Sub-No. 7 TA), filed District Supervisor, Interstate Com­ ucts, from points in Rosebud County, September 30, 1970. Applicant: MILLIS merce Commission, Bureau of Opera­ Mont., to points in Indiana, Kansas, BROS. TRANSFER, INC., Post Office tions, 513 Thomas Building, 1314 Wood Michigan, Missouri, and Ohio, for 180 Box 112, Black River Falls, Wis. 54615. Street, Dallas, Tex. 75202. days. Supporting shipper: Ashland Lum­ Applicant’s representative: Daniel Piz- No. MC 134955 (Sub-No. 1 TA), filed ber Co., Post Office Box 78, Ashland, zini, 104 Main Stfeet, Black River Falls, September 30,1970. Applicant: ROBERT Mont. 59003. Send protests to: Paul J. Wis. 54615. Authority sought to operate WELLS, 1366 West 7900 South Street, Labane, District Supervisor, Interstate as a contract carrier, by motor vehicle, Midvale, Utah 84047. Applicant’s repre­ Commerce Commission, Bureau of Op­ over irregular routes, transporting: Malt sentative: Irene Warr, 419 Judge Build­ erations, Room 251, U.S. Post Office beverages, (1) from St. Paul, Minn., to ing, Salt Lake City, Utah 84111. Building, Billings, Mont. 59101. Wausau, WiS., and (2) from Minne­ Authority sought to operate as a com­ No. MC 129974 (Sub-No. 2 TA), filed apolis, Minn., to Schofield, Wis., for 180 mon carrier, by motor vehicle, over ir­ September 30,1970. Applicant: THOMP­ days. Supporting shippers: Beer Distrib­ regular routes, transporting: New houses SON BROS., INC., Post Office Box 457, utors, Inc., Route 4, Wausau, Wis. 54401. and buildings, set up or in sections other Toronto, S. Dak. 57268. Applicant’s rep­ Erdman Distributing, Inc., 144 Drott than knocked down fiat, and not includ­ resentative: A. R. Fowler, 2288 Univer­ Street, Schofield, Wis. 54476. Send pro­ ing mobile homes or buildings designed sity Avenue, St. Paul, Minn. 55114. Au­ tests to: Barney L. Hardin, District for tow-away service, from West Jordan, thority sought to operate as a contract Supervisor, Interstate Commerce Com­ Utah, to points in Coconino and Apache carrier, by motor vehicle, over irregular mission, Bureau of Operations, 139 West Counties, Ariz., and McKinley County, routes, transporting: Foodstuffs, such as Wilson Street, Room 206, Madison, Wis. N. Mex., for 180 days. Supporting ship­ potatoes, frozen, in bulk or in boxes, in 53703. per: Boise Cascade Transportation De­ vehicles, equipped with mechanical re­ No. MC 134777 (Sub-No. 2 TA), filed partment, Post Office Box 7747, Boise, frigeration, from Clark, S. Dak., to points September 30,1970. Applicant: SOONER Idaho 83707. (Forrest B. Larsen, Assist­ in Arkansas, California, Connecticut, EXPRESS, INC., Post Office Box 219, ant Manager-Transportation Cost and Georgia, Illinois, Indiana, Kansas, Ken­ Sooner Building, Highway 70 South, Analysis). Send protests to: John T. tucky, Massachusetts, Michigan, Minne­ Madill, Okla. 73446. Applicant’s repre­ Vaughan, District Supervisor, Bureau of sota, Missouri, New Jersey New York, sentative: Dale Waymire (same address Operations, Interstate Commerce Com­ Ohio, Pennsylvania, Tennessee, Texas, as above). Authority sought to operate mission, 5239 Federal Building, Salt Lake Virginia, West Virginia, and Wisconsin, as a common carrier, by motor vehicle, City, Utah, 84111. for 180 days. Supporting shipper: over irregular routes, transporting: Thomas F. McGrath, Manager-Rates, Meats, meat products, meat byproducts, By the Commission. and articles distributed by meat pack­ The Kroger Co., 1014 Vine Street, Cin­ inghouses, from St. Joseph, Mo., to [seal] R obert L. Oswald, cinnati, Ohio 45201. Send protests to: points in Massachusetts, for 180 days. Acting Secretary. J. L. Hammond, District Supervisor, N ote: Carrier does not intend to tack [P.R. Doc. 70-13498; Piled, Oct. 7, 1970; Bureau of Operations, Interstate Com­ authority. Supporting shipper: Armour 8:51 a.m.]

CUMULATIVE LIST OF PARTS AFFECTED— OCTOBER 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 October. 3 CFR Page 7 CFR Page 7 CFR— Continued Page Proclamation: 81______— _____ 15739 P roposed R ules—Continued 4015. 301______15285, 15897 1006 ______15396 15799 711______15355 4016. 15895 1007 ______15396 833______15741 1011 ______15396 Executive Orders: 864______15741 1012 ______15396 10001 (see EO 11563)______15435 892______15361 1013 ______15396 10202 (see EO 11563)______15435 908______15286,15803 1015______15396, 15927 10292 (seeEO 11563)____ 15435 910______15439 1030______15396 10659 (see EO 11563)______15435 912______1. ______15287 1032 ______15396 10735 (see EO 11563)______15435 926______15744 1033 ______15396 10984 (seeEO 11563)______15435 927___ -f ______15744 1036______15396 11098 (see EO 11563)_____ 15435 931 ______15745 1040____—______15396 11119 (see EO 11563)______15435 932 ______15631 1043 _ 15396 11241 (see EO 11563)______15435 947______15631 1044 ______15396 11360 (seeEO 11563)___ 15435 981______15900 1046______.______15396 11497 (seeEO 11563)______15435 989______15631 1049 ______15396 11537 (see EO 11563)______15435 1004___ 1 ______15287 1050 ______15396 1006______15439 1060 ______15396 11564------15801 1012______15439 1061 ______15396 1013______15439 Presidential D ocuments Other 1062 ______15396 1062______15362 1063 ______15396,15446 Than P roclamations and 1063______15632 Executive Orders : 1064 ______15396 1134______15363 1065 ______15396 Reorganization Plan No. 3 of 1136______15365 1068 ______15396 1970______15623 1427______15901 1069 ______15396 P roposed R ules: R'^Q^ganizationlO-»______Plan No._4~of 1070 ______15396, 15446 15624 52______15760 1071 ______j ______15396 See EÔ 11564” ” ” ” ” 15801 81__ * ______15817 1073______15396 930______15817 1075 ______15396 5 CFR 971______15302, 15760 1076 _ 15396 982______15446 1078 ______15396 Tjll 15370, 15439 984______15836 1079 ______15396, 15646 870 15803 1001______15396, 15927 1090______15396 871 15897 1002______15396, 15927 1094_____ 15396 ------15897 1004______15396,15927 1096______15396 FEDERAL REGISTER, VOL. 35, NO. 197— FRIDAY, OCTOBER 9, 1970 15968 FEDERAL REGISTER

7 CFR— Continued Page 18 CFR Page 32 CFR Page P roposed R ules—Continued 3 ______15636 805------15443 1097 ______15396 154______15908 808------15443 1098 _i______15396 201______822------15908 15443 1099 ______15396 260______15908 840------15639 1101 ___- ______15396 P roposed R u les: 884------15382 1102 _____ 15396 2 ______154061631------— ------15443 1103 ______15396101______1 15648 32A CFR 1104 ______15396 104______15648 1106______15396 141------15648 BDC (Ch. V I ): 1108_____ 15396 157------15446 BDC Notice 1______15640 1120 ______15396 201------15648,15939 BDC Notice 2______15641 1121 ______15396 204 ------15648,15939 33 CFR 1124 ______15396 205 ------15939 1125 ______15396 260------15648,15939 1------15922 1126 ______15396 110------15443 1127 ______15396 '114------15922 1128 ______15396 19 CFR 117------15923,15924 1129 ______15396 4 ------15636,15637,15910 P roposed R ules: 1130 ______15396 8______15911 110______15447 1131 ______15396 153______15911 117------15935 1132 ______15396 1133 ______15396 21 CFR 36 CFR 1134 ______15396 2_------15749,15911,15912 50------15393 1136 __ 15396 15______15749 38 CFR 1137 ______15396 17______15749 1138 _ 15396 121______15372 17______15924 21______15924 9 CFR 135g------15372 138______15811 41 CFR 71______.____ 15902 141______15637 76______15370,15633, 15745,15902, 15903 141a______15749 5B -16______15755 Ch. I l l ______15552 141b______15749,15750 8 -1 ______15755 P roposed R ules: 146a______15749 8 -2 ______„______15756 317______15836, 15837 146b------15749,15750 8 -3______15757 148i------15750 8-7__ .______15757 12 CFR 101-2______;______15642 149w______15637 101-29______15642 204______;______15903 P roposed R u les: 610______15803 105-61______15444 3 ______15402, 15761, 15934 P roposed R ules: 13 CFR 30------15403 24-1______:______15837 P roposed R u l e s: 130______15761 121______15844 146______15761 42 CFR 146c------15762 34 ______15289 14 CFR 78 «______15642 21______15288 22 CFR 81______15643, 15757 37______15288 41______15912 43 CFR 39______15633-15635,15803, 15804 211------15751 71______15371,- P ublic Land Orders: 4852 (corrected by PLO 4912) _ 15644 15635, 15746, 15804, 15904^15908 24 CFR 75______15908 4912 ______15644 95______15747 200— ------15752 4913 ______15925 97______15440, 15748207______15754 213------15754 45 CFR 121______15288 477______15290 127______15288 221------15755 135______15288 232_------15755 1914 ------s___ 15442 47 CFR 145______15288 n ______15386 385______15636 1915 ------15442 _ _ 15289, 15387 P roposed R u l es: 2_ - - - - - ______15644 71______15303, 26 CFR 73— I_IIIIIIIIIIIII~15644~, 15811, 15814 15404, 15405, 15647, 15648, 15763, 13------15913 rj^ f 15388 15935-15937 601------;__ 15916 73______15405,15938 P roposed R ules: 15304 P roposed R u les: 206______15938 1__ ___ - - - - 15305 242__ i.______15842 1------___.------15935 ----- ______1564g 250__ ,______15764 53— ------______15302 73— 11111— II I I I I I I - 15304, 15765 15 CFR 28 CFR 49 CFR 1000______15671 2------15288 571______15290,15293,15757 1033______15294, 15295, 15394, 15395 16 CFR 29 CFR 13______15804-15811 ______- 15444 785______15288 P roposed R u l es: P roposed Rules: 428— ______— _____ 15765 P roposed R u l es: 430___ 15842 526— ___ —.______15761 50 CFR 501______15843 1520______;______15933 10 15815 3 2 - i i i i i m i n i u m ______15296’ 17 CFR 31 CFR 15299-15301, 15301, 15443, 15644- 201------15440 90______15922 15646, 15759, 15815, 15816 P roposed R u les: 92 ------15922 33______1______15300, 15301, 5646 230___ 15447 93 _____ 15922 ______15925