FEDERAL REGISTER VOLUME 34 • NUMBER 76 Tuesday, April 22, 1969 • Washington, D.C. Pages 6723-6760

Agencies in this issue— The President Agency for International Development Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Commerce Department Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Crop Insurance Corporation Federal Highway Administration Federal Power Commission Federal Reserve System Fiscal Service Fish and Wildlife Service Food and Drug Administration General Services Administration Interagency Textile Administrative Committee Interstate Commerce Commission Mines Bureau National Park Service Securities and Exchange Commission Small Business Administration Veterans Administration Detailed list of Contents appears inside. Subscriptions Now Being Accepted SLIP LAWS i 91st Congress, 1st Session 1969

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FEDERAL AVIATION FOOD AND DRUG THE PRESIDENT ADMINISTRATION ADMINISTRATION EXECUTIVE ORDER Rules and Regulations Notices Administration of certain jointly Air worthiness directives; Cessna Chemagro Corp.; notice of filing funded projects------6727 Model 210-5 (205), 206 and 210 of petition regarding pesticide EXECUTIVE AGENCIES Series airplanes-.._— ____ _ 6729 -chemicals; correction______6747 FEDERAL COMMUNICATIONS AGENCY FOR INTERNATIONAL GENERAL SERVICES COMMISSION DEVELOPMENT ADMINISTRATION Notices Rules and Regulations Notices Radio equipment list; type ac­ Latin America investment guar­ Real property; acquisition by ceptance and listing withdrawn lease ______i ----- 6732 anty program; reopening------6741 for certain transmitters___•„<- 6748 AGRICULTURE DEPARTMENT FEDERAL CROP INSURANCE HEALTH, EDUCATION, AND See Consumer and Marketing CORPORATION WELFARE DEPARTMENT Service; Federal Crop Insur­ Notices See Food and Drug Administra­ ance Corporation. , .... tion. Manager; notice of basic com­ ATOMIC ENERGY COMMISSION pensation _____ i-j.'-j,__;____ 6746 INTERAGENCY TEXTILE Notices FEDERAL HIGHWAY ADMINISTRATIVE COMMITTEE Saxton Nuclear Experimental ADMINISTRATION Notices Corp.; issuance of amendment Proposed Rule Making Certain cotton textiles produced or ' to operating license______6747 manufactured in Czechoslo­ Motor vehicle safety standards; vakia; entry or withdrawal from CIVIL AERONAUTICS BOARD glazing materials; extension of time for filing comments_____ 6739 warehouse for consumption__ 6750 Notices Hearings, etc.: FEDERAL POWER COMMISSION INTERIOR DEPARTMENT Compagnie Nationale Air Notices See Fish and Wildlife Service; F ran ce______6747 Mines Bureau; National Park Transportes Aeros Nacionales, Sunset International Petroleum Service. S.A ______— — 6748 Corp., et al,; order providing for hearings on and suspension of proposed changes in rates—___ 6755 INTERSTATE COMMERCE CIVIL SERVICE COMMISSION Zr COMMISSION Rules and Regulations FEDERAL RESERVE SYSTEM Rules and Regulations General Services Administration; Proposed Rule Making excepted service______6730 Car service; demurrage and de­ Collection of checks and other tension charges on freight cars- 6733 COMMERCE DEPARTMENT items by Federal Reserve Notices Banks; sender’s agreement and Central and southern territory; Notices return of cash items______6739 small shipment rate revision 6752 Interagency Committee Consulta­ Notices Motor carrier transfer proceed­ tion on Export Controls; or­ Marine Corp.; notice of applica­ ings (2 documents)______6754 ganization and functions____ 6746 tion for approval of acquisition of shares of bank______6749 MINES BUREAU CONSUMER AND MARKETING SERVICE FISCAL SERVICE Proposed Rule Making Filter-type dust, fume, and mist Rules and Regulations Notices respirators; requirements for in­ Handling limitations: Gulf Insurance Co., Dallas, Texas vestigation, testing, and certi- Lemons grown in California and arid Gulf Insurance Co., Kansas ficatiori I —— — — 6735 A rizona______6729 City, Mo.; termination of au­ Metal and nonmetalic mines; Valencia oranges grown in Ari­ thority to qualify as surety on health and safety standards; zona and designated part of Federal bonds and acceptable notice of corrections; extension California ______6729 surety company on Federal of time for comments______6737 Proposed Rule Making bonds ______6745 NATIONAL PARK SERVICE Milk in Minnesota-North Dakota FISH AND WILDLIFE SERVICE marketing area; handling__ ___ 6738 Notices Type 62 shade-grown cigar-leaf Rules and Regulations Cedar Pass Lodge, Badlands Na­ tobacco grown in designated Brigantine National Wildlife Ref­ tional Monument; notice of in­ production area of Florida and uge, N.J.; public access, use and tention to negotiate concession Georgia; expenses and rate of recreation ______6733 contract — ____ _r------6745 assessment 19 6 9-70 fiscal Union Slough National Wildlife Period -______6738 Refuge, Iowa; sport fishing__ 6734 (Continued on next page) 6725 6726 CONTENTS

SECURITIES AND EXCHANGE SMALL BUSINESS TRANSPORTATION DEPARTMENT COMMISSION ADMINISTRATION See Federal Aviation Administra­ Rules and Regulations tion; Federal Highway Admin­ Notices istration. Forms for registration of broker- Authority delegations: dealers and investment advisers,* Area Coordinators et al______6751 TREASURY DEPARTMENT amendment______6730 Regional Directors et al______6752 See Fiscal Service. Massachusetts Capital Corp.; ap­ Notices proval of transfer of control of VETERANS ADMINISTRATION Hearings, etc.: licensed small business invest­ ment company .______6752 Rules and Regulations Crestline Uranium & Mining Co_ 6750 Miscellaneous amendments to Electrogen Industries, Inc_____ 6751 STATE DEPARTMENT chapter______6730 See Agency for International Development. 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, 1969, and specifies how they are affected.

3 CFR 14 CFR 41 CFR Executive Order: 39______6729 8 -6 ______6730 11466______6721 17 CFR 8 -8 ______6730 5 CFR 8—12______6731 249______6730 8-18______6732 213______6730 279------6730 101-18______6732 7 CFR 30 CFR 49 CFR 908______6729 P roposed R ules : 910______6729 14______6735 1033______6733 P roposed R ules: 55______6737 P roposed R ules: 1060______6738 56______6737 371______6739 1201______6738 57______6737 12 CFR 50 CFR P roposed R ules: 28______6733 210______6739 33—____ 6734 Presidential Documents

Title 3— THE PRESIDENT Executive Order 11466 ADMINISTRATION OF CERTAIN JOINTLY FUNDED PROJECTS By virtue of the authority vested in me by section 612 of the Economic Opportunity Act of 1964, as amended (42 IJ.S.C. 2962), section 406 of the Juvenile Delinquency Prevention and Control Act of 1968 (42 U.S.C. 3886), and section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: S ection 1. The Director of the Bureau of the Budget is authorized to designate, from time to time, projects for joint funding under sec­ tion 612 of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2962), and section 406 of the Juvenile Delinquency Prevention and Control Act of 1968 (42 U.S.C. 3886). The Director of the Bureau of the Budget is also authorized to designate, or provide criteria for the designation of, one Federal agency to act for all participating agencies in administering any sueh jointly funded project. S ec. 2. Any Federal agency designated pursuant to section 1 of this order to administer any jointly funded project may waive any technical grant or contract requirement which is inconsistent with such agency’s similar requirements or which such agency does not impose, except that no waiver of requirements may be made which (1) would materially affect or change the character or purpose of such project, or (2) does not have the concurrence of the agency which im- possed such requirement and advanced the funds for such project. For the purposes of this section, the term “technical grant or contract requirement” means any requirement imposed by administrative reg­ ulation or order. S ec. 3. The Director of the Bureau of the Budget is authorized to prescribe such additional regulations, not inconsistent with those pre­ scribed herein, as he may deem necessary to implement section 612 of the Economic Opportunity Act of 1964, as amended, section 406 of the Juvenile Delinquency Prevention and Control Act of 1968, and this order. S ec. 4. In carrying out the provisions of this order, the Director of the Bureau of the Budget shall from time to time consult with the participating Federal agencies as may be appropriate. S ec. 5. Nothing in this order shall be deemed to limit or restrict any other authority which any Federal agency may possess by law, regula­ tion, or order to initiate or participate in common or jointly funded projects, programs, activities, 6r functions.

T he W hite H ouse, April 18, 1969. [F.R. Doc. 69-4861; Filed, Apr. 18,1969 ; 5: 05 p.m.]

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969

6729 Rules and Regulations

Dated: April 17,1969. Title 7— AGRICULTURE P aul A. N icholson, Title 14— AERONAUTICS AND Chapter IX— Consumer and Market­ Deputy Director, Fruit and Veg­ etable Division, Consumer and SPACE ing Service (Marketing Agreements Marketing Service. Chapter I— Federal Aviation Adminis­ and Orders; Fruits, Vegetables, [F.R. Doc. 69-4747; Piled, Apr. 21, 1969; tration, Department of Transporta­ Nuts), Department of Agriculture 8:47 a.m.]' tion [Valencia Orange Reg. 271, Aimdt. 1] [Docket No. 69-CE-5-AD; Arndt. 39-755] PART 908— VALENCIA ORANGES [Lemon Reg. 369, Arndt. 1] PART 39— AIRWORTHINESS GROWN IN ARIZONA AND DESIG­ PART 910— LEMONS GROWN IN DIRECTIVES NATED PART OF CALIFORNIA CALIFORNIA AND ARIZONA Cessna Model 210—5 (205), 206, Limitation of Handling Limitation of Handling and 210 Series Airplanes (a) Findings. (1) Pursuant to the marketing agreement, as amended, and (a) Findings. (1) Pursuant to the There have been reports of complete Order No. 908, as amended (7 CFR Part marketing agreement, as amended, and loss of engine power when using the fuel 908, 33 ''F.R. 19829) regulating the Order No. 910, as amended (7 CFR Part boost pump on Cessna Model 210-5 (205), handling of Valencia oranges grown in 910), regulating the handling of lemons 206, and 210 series airplanes. These re­ Arizona and designated part of Cali­ grown in California and Arizona, effec­ ports indicate that the engine will not fornia, effective under the applicable tive under the applicable provisions of the restart in flight under certain conditions provisions of the Agricultural Marketing Agricultural Marketing Agreement Act when one follows the placarded instruc­ Agreement Act of 1937, as amended (7 of 1937, as amended (7 U.S.C. 601-674), tions in the cockpit for switching from a U.S.C. 601-674), and upon the basis of and upon the basis of the recommenda­ dry tank to one containing fuel. Further, tions and‘information submitted by the the agency has determined that complete the recommendation and information Lemon Administrative Committee, estab­ loss of engine power will occur in these submitted by the Valencia Orange Ad­ lished under the said amended marketing aircraft when the boost pump is inad­ ministrative Committee, established un­ agreement and order, and upon other vertently left on “Hi” and the throttle is der the said amended marketing agree­ available information, it is hereby found retarded below 19 inches hg. manifold ment and order, and upon other available that the limitation of handling of such pressure. Since this condition is likely to information, it is hereby fcund that the lemons, as hereinafter provided, will tend exist in other airplanes of the same type to effectuate the declared policy of the design, an airworthiness directive is be­ limitation of handling of such Valencia act. ing issued requiring within 50 hours’ oranges, as hereinafter provided, will (2) It is hereby further found that ittime-in-service from the effective date of tend to effectuate the declared policy of is impracticable and contrary to the this airworthiness directive, the installa­ the act. public interest to give preliminary notice, tion of a resistor in the boost pump elec­ (2) It is hereby further found that itengage in public rule-making procedure, trical circuit to reduce pump output pres­ is impracticable and contrary to the and postpone the effective date of this sure in accordance with Cessna Service amendment until 30 days after publica­ Letter SE 69-9, dated April 11, 1969, or public interest to give preliminary notice, any equivalent method approved by the engage in public rule-making procedure, tion hereof in the F ederal R egister (5 U.S.C. 553) because the time intervening Chief, Engineering and Manufacturing and’ postpone the effective date of this between the date when information upon Branch, Eederal Aviation Administra­ amendment until 30 days after publica­ which this amendment is based became tion, Central Region. tion thereof in the F ederal R egister (5 available and the time when this amend­ Since immediate action is required in U.S.C. 553) because the time intervening ment must become effective in order to the interest of safety, compliance with effectuate the declared policy of the act the notice and public procedure provi­ between the date when information upon sion of the Administrative Procedure Act which this amendment is based became is insufficient, and this amendement re­ lieves restriction on the handling of lem­ is not practical and good cause exists for available and the time when this amend­ ons grown in California and Arizona. making this amendment effective in less ment must become effective in order to (b) Order, as amended. The provisions than thirty (30) days. effectuate the declared policy of the In consideration of the foregoing and in paragraph (b).(l) (ii) of § 910.669 pursuant to the authority delegated to act is insufficient, and this amendment (Lemon Reg. 369, 34 F.R. 6437) are here­ relieves restriction on the handling of me by the Administrator (31 F.R. 13697), by amended to read as follows: § 39.13 of Part 39 of the Federal Avia­ Valencia oranges grown in Arizona and tion Regulations is amended by adding designated part of California. § 910.669 Lemon Regulation 369. * * * * # 7 the following new airworthiness directive. (b) Order, as amended. The provisions Cessna. Applies to Models 210-5 (205), Serial in paragraph (b) (1) (iii) of § 908.571 (b) Order. (1) * * * Nos. 205-0001 through 205-0577; Models (Valencia Orange Reg. 271, 34 F.R. 6325) (ii) District 2: 229,710 cartons. 206, U206, and P206, Serial Nos. 206-0001 through U206—1284 and P206-0001 are hereby amended to read as follows: * * * * ♦ through P206-0566; Models 210 and T210, (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Serial Nos. 21058221 through 21059111 § 908.571 Valencia Orange Regulation 601-674) and T210-0001 through T210—0424 series 271. airplanes. Dated: April 17, 1969. * * * * * Compliances. Within 50 hours’ time-in­ (b) Order. (1) * * * P aul A. Nicholson, service after the effective date of this air­ (iii) District 3: 275,000 cartons. Deputy Director, Fruit and Veg­ worthiness directive, unless already accom­ etable Division, Consumer and plished. * * * * * Marketing Service. To prevent complete loss of engine power (Sece. 1- 19, 48 Stat. 31, as amended; 7 U.S.C. [F.R. Doc. 69-4746; Filed, Apr. 21, 1969; when using the fuel boost pump, accomplish 601-674) 8:47 a.m.] the following :

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 6730 RULES AND REGULATIONS Modify the fuel boost pump electrical cir­ cuit by installing a resistor in accordance PART 8-8— TERMINATION OF with Cessna Service Letter No. SE 69-9, dated. Title 17— COMMODITY AND CONTRACTS April 11, 1969, or any equivalent method ap­ proved by the Chief, Engineering & Manu­ SECURITIES EXCHANGES 2. In Part 8-8, Subpart 8-8.7 is revised facturing Branch, Federal Aviation Adminis­ to read as follows: tration, Central Region. Chapter II— Securities and Exchange Subpart 8—8.7— Clauses This amendment becomes effective Commission Sec. April 22, 1969. [Release Nos. 34-8564, IA-246] 8-8.700 Scope and applicability of subpart. 8—8.700—1 Scope. (Secs. 313(a), 601, and 603 of the Federal PART 249— FORMS, SECURITIES 8-8.700—2 Applicability. Aviation Act of 1958; 49 U.S.C. 1354(a), 1421, and 1423), and of section 6(c) of the De­ EXCHANGE ACT OF 1934 Au th o rity : The provisions of this Subpart partment of Transportation Act; 49 U.S.C. 8-8.7 Issued under sec. 205(c), 63 Stat. 390, 1655(c) PART 279— FORMS PRESCRIBED as amended, 40 U.S.C. 486(c); sec. 210(c), UNDER THE INVESTMENT ADVISERS 72 Stat. 1114; 38 U.S.C. 210(c). Issued in Kansas City, Mo., on April 11, 1969. ACT OF 1940 Subpart 8—8.7— Clauses Edward C. Marsh, Amendment of Forms for Registration § 8—8.700 Scope and applicability of Director, Central Region. of Broker-Dealers and Investment subpart. [F.R. Doc. 69—4741; Filed, Apr. 21, 1969; Advisers § 8—8.700—1 Scope. 8:47 ajn.j On February 12,1969, in Securities Ex­ This subpart prescribes the termina­ change Act Release No. 8523 and In­ tion clauses to be used by the Veterans vestment Advisers Act Release No. 244 Administration in fixed-price and cer­ Title 5— ADMINISTRATIVE and in the F ederal R egister for Febru­ tain cost-reimbursement type contracts. ary 21,1969 (34 F.R. 2502), the Securities § 8—8.700—2 Applicability. PERSONNEL and Exchange Commission announced (a) Formally advertised or negotiated the adoption of revisions to Items 12 and fixed-price contracts for supplies and/or Chapter I— Civil Service Commission 17 of Form BD (17 CFR 249.501), the equipment will include the following PART 213— EXCEPTED SERVICE form of application for registration as clauses, as applicable: broker-dealer under section 15(b) of the (1) The long-form termination for General Services Administration Securities Exchange Act of 1934 and for amending such application, and the same convenience clause set forth in FPR Section 213.3337 is amended to show items of Form ADV (17 CFR 279.1), the 1-8.701 and the termination for default that the position of Special Assistant to form of application for registration as clause set forth in FPR 1-8.707 will be the Assistant Administrator, the position an investment adviser under section 203 included in contracts estimated to ex­ of Confidential Assistant to the Archivist of the Investment Advisers Act of 1940 ceed $100,000. of the United States, and the positions of and for amending such application. (2) The short-form termination for the Confidential Assistants to the Com­ Since questions have been raised as, to convenience clause set forth in FPR missioners of the Federal Supply Service, whether the Commission continues to 1-8.705-1 and the termination for the Property Management and Disposal require a Schedule D to be filed for a default clause set forth in FPR Service, the Public Buildings Service, and person who is subject to an action re­ 1-8.707 will normally be included in con­ the Transportation and Communications ported under Item 16, but who is not tracts estimated to cost more than $2,500 Service are excepted under Schedule C. named in any other item or schedule of but not more than $100,000. However, the Effective on publication in the F ederal the form, the Commission has clarified long-form termination for convenience R egister, § 213.3337 is amended as set the language of Item 17 of Form BD (17 clause in FPR 1-8.701 may be used for out below. contracts in this price range when the CFR 249.501) and Item 17 of Form ADV long-form clause is included in pre­ § 213.3337 General Services Adminis­ (17 CFR 279.1) to make it clear that printed supplemental conditions. tration. such schedule should be filed for such (b) Formally advertised or negotiated (a) Office of the Administrator. * * * person. fixed-price contracts for nonpersonal (8) One Special Assistant to the As­ Copies of the foregoing release have services (excluding construction) esti­ sistant Administrator. been filed with the Office of the Federal mated to exceed $2,500 may include the (b) Public Buildings Service. * * * Register and may be obtained from the Securities and Exchange Commission’s short-form termination for convenience (2) One Confidential Assistant to the Washington headquarters office or any clause set forth in FPR 1-8.705-1, when­ Commissioner. regional office. ever it is determined that a termination (c) Federal Supply Service. * * * for convenience clause is both advisable (2) One Confidential Assistant to the By the Commission. and desirable for use of the Government Commissioner. [ s e a l ] Orval L. DuB ois, and a claim will not be made in the event (d) National Archives and Records Secretary. of termination for the convenience of the Service. * * * April 9,1969. Government. If these conditions do not (2) Confidential Assistant to the Ar­ exist, and it is the desire of both parties chivist of the United States. [F.R. Doc. 69-4723; Filed, Apr. 21, 1969; to have the right to terminate the con­ * * * * * 8:45 a.m.] tract, a mutual termination clause as (f) Property Management and Dis­ provided in paragraph (i) (2) of this sec­ posal Service. * * tion may be included. In other cases a (2) One Confidential Assistant to the Title 41— PUBLIC CONTRACTS special termination clause, designed to Commissioner. meet the specific requirements of the (h) Transportation and Communica­ AND PROPERTY MANAGEMENT contract, may be included as provided in tions Service. * * * paragraph (i) (1) of this section. Service Chapter 8— Veterans Administration contracts will normally include the ter­ (1) One Confidential Assistant to the mination for default clause set forth in Commissioner. MISCELLANEOUS AMENDMENTS TO FPR 1-8.707 (Article 11, Standard Form (5 U.S.C. 3301, 3302, E.O. 10577, 3 CFR 1954- 32, General Provisions, Supply Con­ 1958 Comp., p. 218) CHAPTER Chapter 8 is amended to read as tracts) . However, when this clause is U nited S tates Civil S erv­ follows; clearly not appropriate for the services ice Commission, being acquired, it may be eliminated, re­ {seal] J ames C. S pry, pa r t 8—6— FOREIGN PURCHASES vised or replaced with a special or mutual Executive Assistant to' termination clause as provided in para­ the Commissioners. § 8-6.202—8-6.204 [Revoked] graph (i) of this section. [F.R. Doc. 69-4811; Filed, Apr. 21, 1969; 1. In Part 8-6, Subpart 8-6.2 is revoked (c) Formally advertised or negotiated 8:48 a.m.] (see Subpart 8-18.6): fixed-price contracts for construction will FHJERAl REGISTER, VOl. 34, NO. 76— TUESDAY, APRIL 22, 1969 RULES AND REGULATIONS 6731 include the following clauses, as appli­ (1) When required or advisable, a the contracting officer will submit the cable : special clause will be developed to meet question to the Secretary of Labor for (1) The long-form termination for the needs of the specific contract, such final determination. The submission will convenience clause set forth in FPR as procurement from a sole source for include all substantiating data and the 1-8.703 and the long-form termination utility services, medical specialist serv­ contracting officer’s recommendation. for default clause set forth in FPR ices, medical resources, etc. The contractor will be advised of the 1-8.709-1 will be included in contracts (2) When a mutual termination clause submission and promptly notified upon estimated to exceed $10,000. is appropriate, it will be substantially as receipt of the determination of the proper (2) The short-form termination for follows : classification and rate. default clause set forth in FPR 1-8.709-2 This contract will remain in force during (5) If the proposed additional'Glassifi­ will be included in contracts not exceed­ the period stated, unless terminated at the cation or reclassification and wage rate ing $10,000. At the option of the con­ request of either party after thirty (30) are approved by the contracting officer, tracting officer, the short-form termina­ days notice in writing. To the extent that he will advise the cohtractor by letter tion for convenience clause set forth in this contract is so terminated, the Veterans and report the action taken to the Sec­ FPR 1-8.705-2 may be included. Administration will be liable only for pay­ retary of Labor. When approved by the (d) Formally advertised or negotiated ment in accordance with the payment pro­ contracting officer, it may be assumed, fixed-price contracts in excess of $2,500 visions of this contract for services rendered for the purpose of checking payrolls, that for experimental, developmental, or re­ prior to the effective date of termination. the classification and rate are satisfac­ search work where a profit is contem­ tory unless otherwise advised by the De­ plated will include the long-form ter­ PART 8-12— LABOR partment of Labor. If a correction or ob­ mination for convenience clause set forth jection is received from the Department in FPR 1-8.701. However, if the contract 3. In Part 8-12, §§ 8-12.404-3, 8-12.-of Labor, a proper adjustment will be is for services and it is determined that 404-4, and 8-12.404-5 are added to read necessary. as follows: the successful bidder will not have in­ § 8—12A04—4 Apprentices. curred substantial charges in prepara­ § 8—12.404—3 Additional classifications. tion for and carrying opt the contract, (a) Apprentices may be employed by the short-form termination for conven­ (a) When a classification for laborers contractors or subcontractors on con­ ience clause set forth in FPR 1-8.705-1 and mechanics required in the perform­ struction projects only when the prime may be used instead. When it is ad­ ance of the contract work is not listed contractor has presented to the contract­ visable to provide for termination for in the wage determination incorporated ing officer written evidence that such ap­ default, contracts of this type will also in the contract, the contractor will be prentices are registered, individually, un­ include the clause set forth in FPR required to submit a proposed classifica­ der a bona fide apprenticeship agency 1-8.710. tion or reclassification and wage rate, which is recognized by the Bureau of Ap­ (e) Fixed-price contracts for experi­ plus fringe benefits if any, to the con­ prenticeship and Training, U.S. Depart­ mental, developmental or research work tracting officer, together with data to ment of Labor ; and if no such recognized placed with an educational or nonprofit substantiate the establishment of the agency exists in a State, under a program institution on a no-fee or no-profit basis proposed classification or reclassification registered directly with the aforesaid Bu­ will contain the termination for conven­ and rate. For purposes of establishing reau of Apprenticeship and Training. ience clause set forth in FPR 1-8.704-1. prevailing rates, information reflecting Such evidence, together with the allow­ A termination for default clause is not wage rates and classifications employed able ratio of apprentices to journeymen required. on similar projects in the vicinity may and the wage rates applicable in the area (f) Cost-reimbursement type con­ be obtained from contractors’ associa­ of the project, will be submitted by the tracts for experimental, developmental, tions, labor organizations and other contractor prior to using apprentices on or research work placed with an educa­ contractors. the project. tional or nonprofit institution on a no- (b) Upon receipt of this information, (b) Whenever the payrolls indicate fee or no-profit basis will include the the contracting officer will: that a contractor has classified employees termination for convenience clause set (1) Review the wage determination in as apprentices without complying with forth in FPR 1-8.704-1, whenever the the contract to see if there is a classifi­ the foregoing requirements, the contrac­ contracting officer considers a termina­ cation that can be used to cover the work tor will be required to pay such employees tion clause is necessary or advisable. A to be performed. Example: If there is a at the journeymen’s rates applicable to termination for default clause is not crane operator in the appropriate sched­ the classification of the work they actu­ required. ule of the contract and the contractor ally performed. (g) Cost-reimbursement type con­ requests a dragline operator, the contrac­ (c) Any bona fide apprentices em­ tracts for (1) supplies and/or equipment tor can use the crane operator rate. ployed in excess of the allowable ratio or (2) experimental, developmental or (2) If there is no applicable classifica­ will be entitled to journeymen’s rates for research work where a fee is contem­ tion and rate in the schedule, assure that each day of disproportionate employment plated will include the termination for the new classification or reclassification on the project. Allowances should be default or for convenience clause as set requested is generally used in the con­ made for journeymen absenteeism due forth in FPR 1-8.702, whenever the con­ struction industry or that it is used lo­ to circumstances beyond the control of tracting officer considers a termination cally, and that the rate proposed is not the contractor. clause is necessary or advisable. When less than that which was prevailing in the (d) Apprentice employment data must this termination clause is used, an ex­ area 10 days before opening of bids. be furnished with the first payroll on cusable delays clause substantially as set (3) Determine that the proposed rate which each apprentice appears. The pay­ forth in FPR 1-8.708 will be included. is generally conformable with other roll must show the period of training and (h) Cost-reimbursement type con­ rates in the contract. An example of non- approved wage rate of each apprentice struction contracts in excess of $10,000 conformability would be having a crane employed. will include the termination for default operator listed in the wage determina­ § 8—12.404—5 Subcontracts. or for convenience clause set forth in tion at $4.50, but proposing an additional The contractor will be requested to FPR 1-8.702, modified as provided in classification for a dragline operator at furnish a list of all subcontracts with a FPR 1-8.700-2 (a) (3J). Contracts of this $2. Any difference of opinion between description of the work to be performed type will also include the excusable de­ the parties should be resolved, if possible, thereunder. The list will be used to as­ lays clause substantially as set forth in by obtaining additional information sure compliance with the requirement FPR 1-8.708. for submission of payrolls by the con­

No. 76-----2 FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 6732 RULES AND REGULATIONS

PART 8-18— PROCUREMENT OF § 8—18.203—1 Preparation of invitations contracting officer, factually supported CONSTRUCTION forbids. in writing, and included in the contract file. Subpart 8—1 8.1—-General Provisions In addition to complying with the pro­ Sec. visions of FPR 1-2.201 and 1-18.203, the (c) A copy of the determination will 8-18.104 Subcontracting. following referenced provisions and be forwarded to the Assistant Adminis­ clauses will be included in the invita­ trator for Construction. When appro­ 8-18.110 Liquidated damages. priate, the item will be added to the list 8-18.111 Concurrent firm fixed-price and tions for bids, to the extent applicable: cost-type construction con­ (a) Small business set-asides. (§ 8— of excepted articles, materials and sup­ tracts. 1.706-5) plies contained in paragraph (a) of this 8-18.112 Construction contracts with de­ (b) Aggregate award. (§ 8-2.201(f)) section. sign architect-engineers. (c) Bid samples. (FPR 1-2.202-4) § 8—18.603 Unreasonable cost determi­ (d) Buy American Act. (FPR 1-18.604 nation. Subpar? 8—1 8.2^Forma! Advertising and § 8-18.604) 8-18.203 Invitations for bids. (e) Communist-controlled areas. (§ 8— § 8—18.603—3 Deviations by agency 8-18.203-1 Preparation of invitations for 6.5303) head. bids. (f) Contract clauses. (FPR 1-7.6, Sub­ When a contracting officer believes that Subpari 8—18.6—Buy American Act part 8-7.6) the requirement of the “Buy American (g) Bid guarantees. (§8-10.103) Act,” is impractical as provided in FPR 8-18.602 Buy American policy. (h) Performance bonds. (§ 8-10.104) 1-18.602-1 (a), or that it would be advan­ 8-18.602-1 General. (i) Payment bonds. (FPR 1-10.105) tageous to the Government to deviate 8-18.603 Unreasonable cost determina­ (j) Federal, State, and local taxes. from the provisions of FPR 1-18.603-1, tion. (FPR 1-11.401-1) authority to consummate the contract 8-18.603-3 Deviations by agency head. (k) Liquidated damages. (FPR 1- will be requested. The request containing 8-18.604 Invitation provision. 18.110 and § 8-1.315) all the facts, including a comparison of Au t h o r it y : The provisions of this Part (l) Revisions to prescribed forms. all the bids or offers received and any 8-18 issued under sec. 205(c), 63 Stat. 390, as other pertinent information upon which amended, 40 U.S.C. 486(0"); sec. 210(c), 72 (FPR 1-16.401) a determination may be made, will be Stat. 1114; 38 U.S.C. 210(c). (m) Termination clauses. (§ 8-8.700-2) submitted through channels to the As­ Subpart 8—18.1— General Provisions Subpart 8—18.6— Buy American Act sistant Administrator for Construction for approval by the Administrator. If § 8—18.104 Subcontracting. § 8—18.602 Buy American policy. approved, a report of the transaction will The clause contained in § 8-7.650-3, § 8—18.602—1 General. be prepared and transmitted by the As­ Work To Be Executed by Contractor’s (a) Pursuant to the “Buy American sistant Administrator for Construction in Forces, will be used in lieu of the clause Act” (41 U.S.C. lOa-lOd), the Assistant accordance with Executive Order 10582, in FPR 1-18.104. • Administrator for Construction has de­ dated December 17, 1954, as amended. §8—18.110 Liquidated damages. termined Ahat the articles, materials and § 8—18.604 Invitation provision. supplies listed in this section may be used Liquidated damages provisions may be in Veterans Administration construction The provision required by FPR included in construction contracts when without regard to source, except as pro­ 1-18.604 shall be included in invitations the criteria of § 8-1.315-2 is met. If par­ vided for in Subpart 8-6.53. for bids and requests for proposals for tial performance may be accepted and affected construction work estimated to utilized to the advantage of the Govern­ Acetylene, black. exceed $10,000. The list of excepted items Antimony, as metal or oxide. contained in § 8-18.602-1 will be incor­ ment, the clause substantially as set forth Asbestos, amosite. in § 8-1.315-3 (c) will be included in ad­ Bismuth. porated in this provision. dition to the clause set' forth in FPR Cadmium, ores and flue dust. These regulations are effective im­ 1-18.110. Chalk, English. mediately. Chrome ore or chromite. § 8—18.111 Concurrent firm fixed-price Cobalt in cathodes, rondelles, or other pri­ Approved: April 15, 1969. and cost-type construction contracts. mary forms. By direction of the Administrator. When concurrent contracts of the Cork, wood, or bark and waste. type specified in FPR 1-18.111 are con­ Dammar gum. [seal] A. W. S tratton, Fiber, coir, abaca, and agave. Deputy. Administrator. sidered necessary or advantageous, prior Flax. . approval will be requested of the Chief Graphite, natural, crystalline, crucible grade. [F.R. Doc. 69-4734; Filed, Apr. 21, 1969; Medical Director for contracts involving Hemp. 8:46 a.m.J M&R (Maintenance and Repair) funds Jute and jute burlaps. or of the Assistant Administrator for Kauri gum. Construction for contracts involving C Lac. Chapter 101— Federal Property of H&DF (Construction of Hospital and Logs, veneer, and lumber from Alaskan yellow Domiciliary Facilities) funds. Complete cedar, angelique, balsa, ekki, greenheart, Management Regulations lignum vitae, mahogany, and teak. SUBCHAPTER D—PUBLIC BUILDINGS AND SPACE justification will be furnished in the Manganese. request. Mica. PART 101-18— ACQUISITION OF § 8—18.112 Construction contracts with Nickel, primary in ingots, pigs, shot, cath­ REAL PROPERTY design architect-engineers. odes, or similar forms; nickel oxide and nickel salts. Subpart 101-18.1— Acquisition by When it is considered necessary or ad­ Nitroguanidine (picrite). vantageous to award a contract for con­ Rubber, crude and latex. Lease struction of a project to a firm or per­ Shellac. A cquisition of R eal P roperty b y Lease, son that designed the project, prior ap­ Sisal. Directs A gencies T o R efrain from proval will be requested of the Chief Tin, in bars, blocks, and pigs. Contacts With Lessors Medical Director for contracts involving Tungsten. M&R funds or of the Assistant Adminis­ Although all Federal agencies that oc­ Wax, carnauba. cupy leased space acquired by the Gen­ trator for Construction for contracts in­ (b) If articles, materials and supplies eral Services Administration have been volving C of H&DF funds. Complete required for a particular procurement cautioned not to make commitments or justification will be furnished in the are not excepted in paragraph (a) of agreements with offerors or lessors, such request. this section, or when only foreign bids incidents still occur. To preclude future or offers are received, the determination incidents of this nature, this revision Subpart 8—18.2— Formal Advertising concerning nonavailability required by directs agencies to refrain from suop § 8—18.203 Invitations for bids. FPR 1-18.602-1 (b) will be made by the contacts with offerors or lessors.

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 RULES AND REGULATIONS 6733 Section 101-18.103 is amended by add­ the .public interest, and that good cause (i) Effective date: This order shall be­ ing a new paragraph (c) to read as exists for making this order effective come effective at 7 a.m., May 1. 1969. follows: upon less than 30 days’ notice. (j) Expiration date: This order shall § 101—18.103 Acquisition by GSA. It is ordered, That: expire at 6:59 a.m., July 1, 1969, unless § 1033.1023 Demurrage, and detention otherwise modified, changed, or sus­ ***** pended by order of this Commission. (c) Agencies not authorized to acquire charges on freight cars. (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, space by lease, or agencies which have (a) Each common carrier by railroad 384, as amended; 49 U.S.G. 1, 12, 15, and requested GSA to provide leased space subject to the Interstate Commerce Act 17(2). Interprets or applies secs. 1(10-17), for their activities, shall not directly or shall observe, enforce, and obey the fol­ 15(4), and 17(2), 40 Stat. 101, as amended indirectly contact lessors or potential lowing rules, regulations, and practices 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and lessors for the purpose of making oral or with respect to its demurrage and deten­ 17(2)) written promises, commitments, or tion rules, practices, and charges. It is further ordered, That copies of agreements with respect to the condi­ (b) Description of cars subject to this this order and direction shall be served tions of occupancy of particular space, order: Except as otherwise provided in upon the Association of American Rail­ alterations and repairs, or payment of paragraph (c) herein this order shall roads, Car Service Division, as agent of overtime services. apply to freight cars which are subject to the railroads subscribing to the car serv­ (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) demurrage and detention rules applicable to detention of cars. ice and per diem agreement under the Effective date. This regulation is effec­ (c) Exception: The provisions of this terms of that agreement; and that notice tive upon publication in the F ederal order shall not apply to freight cars listed of this order shall be given to the general Register. public by depositing a copy in the Office in the Official Railway Equipment Regis­ of the Secretary of the Commission at Dated: April 15, 1969. ter, ICC R.E.R. 370 issued by E.J. McFarland, or reissues thereof, as having Washington, D.C., and by filing it with R obert L. K unzig, the Director, Office of the Federal the following descriptions and mechani­ Register. Administrator of General Services. cal designations: [F.R. Doc. 69-4729; Filed, Apr. 21, 1969; Mechanical designation: RA, RAM, RCD, RS, By the Commission, Railroad Service 8:46 a.m.] RSB, RSM, RSTC, and RSTM. Board. Mechanical designation: SA, SC, SD, SF, SH, [seal] H. Neil Garson, SM, SP, and ST. Mechanical designation: TA, TAI, TG, TGI, Secretary. Title 49— TRANSPORTATION THI, TL, TLI, TM, TMI, TMU, TMUI, TP, [F.R. Doc. 69-4736; Filed, Apr. 21, 1969; TPI, TP A, TPAI, TR, TRI, TVI, TW, and 8:46 a.m.] Chapter X— Interstate Commerce TWI. Commission Mechanical designation: XT. SUBCHAPTER A— GENERAL RULES AND (d) Cars not subject to average de­ Titls 50— WILDLIFE AND REGULATIONS murrage agreement: (1) The lowest rates of car detention [Rev. S .0.1023] or demurrage charges published in the - FISHERIES PART 1033— CAR SERVICE applicable tariff for such period of time Chapter I— Bureau of Sport Fisheries as is provided in the tariff. and Wildlife, Fish and Wildlife Demurrage and Detention Charges (2) $25 per car per day, or fraction of on Freight Cars a day, for all cars subject to the next Service, Department of the Interior Supersedes Service Order No. 1023, level of charges published in the appli­ PART 28— PUBLIC ACCESS, USE, AND service date April 3, 1969. cable tariff for such period of time as is RECREATION At a session of the Interstate Com­ provided in the tariff. merce Commission, Railroad Service (3) $50 per car per day, or fraction of Brigantine National Wildlife Refuge, Board, held at its office in Washington, a day, for all subsequent detention. N.J. D.C., on the 16th day of April 1969. (e) Oars Subject to Rule 9, Item 940, The following special regulation is It appearing, that there are acute Freight Tariff 4-1, ICC H-36, issued by issued and is effective on date of publi­ shortages of freight cars throughout the B. B. Maurer, supplements thereto or cation in the F ederal R egister. country; that certain carriers are unable reissues thereof: When a car has accrued to furnish an adequate supply of freight four debits, a charge of $25 per car per § 28.28 Special regulations: recreation: cars to shippers located on their lines; day, or fraction of a day, will be made for for the individual wildlife refuge that these shortages of freight cars are each of the next 4 days, or fraction of areas. impeding the movement of many com­ a day and $50 per car per day, or frac­ New J ersey modities; that many freight cars are tion of a day, will be made for all sub­ brigantine national wildlife refuge held by shippers for loading, unloading, sequent detention. Entrance into the refuge on foot is or instructions for movement, in excess (f) If the application of the detention permitted except in areas designated by of the free-time periods established by or demurrage rules published in any tar­ signs as closed, and by piotor vehicle on the applicable demurrage and detention iff lawfully in effect results in detention designated travel routes, for the purpose tariffs; that such practices immobilize or demurrage charges greater than those of nature study, photography, hiking, large numbers of freight cars needed by provided in this order, such greater swimming, picnicking, and fishing during shippers for transportation of other charges shall apply. daylight hours. Pets are allowed if on a freight; and that the existing demurrage (g) Application: The provisions of this leash not exceeding 10 feet in length. and detention rules, regulations, and order shall apply to intrastate, interstate, Practices of the railroads are ineffective The refuge areas, comprising more and foreign commerce. than 19,385 acres, are delineated on maps with respect to the use, supply, control, (h) Regulations suspended—an­ movement, distribution, exchange, in­ available at refuge headquarters and nouncement required: The operation of from the office of the Regional Director, terchange, and return of freight cars to all rules and regulations, insofar as they meet the requirements of shippers. It is Bureau of Sport Fisheries and Wildlife, the opinion of the Commission that an conflict with the provisions of this order, Post Office and Courthouse, Boston, is hereby suspended and each railroad Mass. 02109. emergency exists requiring immediate subject to this order, or its agent, shall action to promote car service in the in- publish, file, and post a supplement to its The provisions of this special regula­ f P uklic and the commerce tariffs affected hereby, in substantial ac­ tion supplement the regulations govern­ °t the people. Accordingly, the Commis­ cordance with the provisions of Rule 9(k) ing recreation on wildlife refuge areas sion finds that notice and public proce­ of the Commission’s Tariff Circular No. generally, which are set forth in Title dure are impracticable and contrary to 20, announcing such suspension. 50, Code of Fédéral Regulations, Part 28,

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 6734 RULES AND REGULATIONS and are effective through December 31, able at refuge headquarters and from the 1969. office of the Regional Director, Bureau of R ichard E. G riffith, Sport Fisheries and Wildlife, Federal Regional Director, Bureau of Building, Fort Snelling, Minneapolis, Sport Fisheries & Wildlife. Minn. 55450. Sport fishing shall be in ac­ cordance with all applicable State regu­ April 15,1969. lations subject to the following special [F.R. Doc. ' 69-4721; Piled, Apr. 21, 1969; conditions; 8:45 a.m.] (1) The open season for sport fishing on the refuge extends from June 1, 1969, through September 15, 1969 during day­ PART 33— SPORT FISHING light hours only. Union Slough National Wildlife (2) The use of boats is not permitted. (3) The use of minnows or fish, or Refuge, Iowa parts thereof, for bait is not permitted. The following special regulation is is­ The provisions of this special regula­ sued and is effective on date of publica­ tion supplement the regulations which tion in the F ederal R egister. govern fishing on wildlife refuge areas § 33.5 Special regulations; sport fish­ generally which are set forth in Title 50, ing; for individual wildlife refuge Part 33, and are effective through Sep­ area. tember 15,1969. Iowa R obert H. S tratton, Jr., UNION SLOUGH NATIONAL WILDLIFE REFUGE Refuge Manager, Union Slough National Wildlife Refuge, Ti- Sportfishing on the Union Slough Na­ tonka, Iowa. tional Wildlife Refuge, Kossuth County, Iowa, is permitted only on the area des­ April 15,1969 ignated by signs as open to fishing. This [F.R. Doc. 69-4732; Filed, Apr. 21, 1969; open area is delineated on a map avail­ 8:46 a.m.]

4?

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 6735 Proposed Rule Making

3. A new subparagraph (7) is added confidential, and shall not disclose, DEPARTMENT OF THE INTERIOR to paragraph (b) of § 14.4, as follows, principles or patentable features prior to and the present subparagraphs (7) and certification. It shall not disclose any Bureau of Mines (8) are renumbered (8) and (9), analyses, nor any details of the appli­ respectively: cant’s drawings, specifications, and re­ [ 30 CFR Part 14 1 lated material. The conduct of all in­ §14.4 Types of respirators for which [Bureau of Mines Schedule 2IB] vestigations, tests, and demonstrations certificates of approval will be issued. shall be under the sole direction and FILTER-TYPE DUST, FUME, AND MIST ***** control of the Bureau. Any other persons RESPIRATORS - (b) * * * shall .be present only as observers or as Requirements for Investigation, (7) Respirators for radon daughters required under paragraph (c) of this and radon daughters attached to dusts, section. Testing, and Certification fumes, and mists, (b) After the issuance of a certificate Notice is hereby given that under au­ ***** of approval, the Bureau may conduct thority contained in the Act of May 16, 4. Paragraphs (a) and (h) of § 14.5 Such public demonstrations and tests of 1910 (36 Stat. 370; 30 U.S.C. 3, 5, and 7), are amended as follows: the approved respirator as it deems as amended, it is proposed to amend the appropriate. regulations issued as Part 14 of Sub­ § 14.5 Applications. (c) When requested by the Bureau, chapter B of Chapter I, Title 30, Code of (a) Investigation or testing, includingthe applicant shall provide assistance in Federal Regulations. The current reg­ retesting of equipment that has been assembling or disassembling the res­ ulations were adopted on January 19, previously tested and disapproved, will pirator and its components, sub- 1965 (30 F.R. 616) and the fees were be undertaken by the Bureau only pur­ assemblies, or assemblies for testing, in . revised on March 23,1965 (30 F.R. 3752). suant to a written application, in dupli­ preparing the respirator and its com­ The purposes of the proposed revision cate, accompanied by all prescribed ponents, subassemblies, or assemblies for are to bring up-to-date the regulations drawings, specifications, and related ma­ testing, and in operating the respirator to incorporate provision for technologic terials; and accompanied by a check, during the tests. advances in the design and construction bank draft, or money order payable to (d) Applicants shall be responsible for of Filter-Type Respirators, to provide for the Bureau of Mines, to cover the fees. their representatives present during tests a greater variety of equipment to better The application, all related matters, and and for observers admitted at their re- meet new environmental conditiqns, and all correspondence concerning it shall be * quest and shall save the Government to make certain administrative proce­ sent to the Bureau of Mines, Health and harmless in the event of damage to appli­ dures and requirements consistent with Safety Research and Testing Center, 4800 cant’s property or injury to applicant’s those of other parts. Forbes Avenue, Pittsburgh, Pa. 15213, At­ representatives or to observers admitted In accordance with the policy of the tention: Approval and Testing. at their request. Department of the Interior, interested persons may submit written comments, * * * * * 7. Paragraph (e) of § 14.10 is amended suggestions, or objections with respect to (h) When the Bureau notifies the ap­ as follows: the proposed amendment of the regula­ plicant that the application has been ac­ § 14.10 Approval labels or markings. tions to the Director, Bureau of Mines, cepted, it will also notify him as to the ♦ * * * * Interior Building, Washington, D.C. number of completely assembled respi­ rators, together with the number of fil­ (e) Full-scale designs or reproductions 20240, within 30 days after the date of of approval labels and markings, and a publication in the F ederal R egister. ters and other parts, that will be required for testing. All materials required for sketch or description of their position J ohn F. O’Leary, testing shall be delivered (charges pre­ shall be submitted for approval before Director, Bureau of Mines. paid) to the Bureau of Mines, Health and final adoption to the Bureau of Mines, Part 14 of Subchapter B of Chapter I Safety Research and Testing Center, 4800 Health and Safety Research and Testing of Title 30 would be amended as follows: Forbes Avenue, Pittsburgh, Pa. 15213, At­ Center, 4800 Forbes Avenue, Pittsburgh, 1. Paragraph (b) of § 14.2 is amended tention : Approval and Testing. Pa. 15213, Attention: Approval and as follows: Testing. 5. New items (1) and (p) are added to * * * * * § 14.2 Definitions. § 14.6, as follows, and present items (1), ***** (m), (n), (o), and (p) are relettered 8. Paragraph (a) of § 14.11 is amended (m), (n), (o), (q),and (r), respectively: as follows: (b) “Bureau” means the Bureau of Mines of the U.S. Department of the § 14.6 Fees. § 14.11 Material required for record. Interior. ***** (a) The Bureau reserves the right to

* * * * # (1) Radon daughters and radon retain as part of the permanent record daughters attached to dusts, of the investigation, a complete respira­ 2. Section 14.3 is amended as follows: fumes, and mists______$740 tor or any component thereof that has § 14.3 Consultation. * * * * * * been tested and certified. Material not By appointment, applicants or their (p) Facepiece only for respirator (1)_ 325 required for record will be returned to representatives may visit the Bureau’s ***** the applicant at his request and at his expense on written shipping instructions Health and Safety Research and Testing 6. Section 14.8 is amended as follows: Center, 4800 Forbes Avenue, Pittsburgh, to the Bureau of Mines, Health and Safe­ Ba. 15213, to discuss with qualified Bu­ § 14.8 Conduct of investigations, tests, ty Research and Testing Center, 4800 reau personnel proposed respirators to and demonstrations. Forbes Avenue, Pittsburgh, Pa. 15213, be submitted in accordance with the reg­ (a) Prior to the issuance of a certifi­ Attention: Approval and Testing. cate of approval, only Bureau personnel, * * * * * ulations of this part. No charge is made representatives of the applicant, and for such consultation and no written re­ such other persons as may be mutually 9. Paragraph (a) of § 14.23 and sub- port thereof will be made to the agreed upon, may observe the investiga­ paragraph (1) of paragraph (b) of applicant. tions or tests. The Bureau shall hold as § 14.23 are amended as follows:

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 6736 PROPOSED RULE MAKING

§ 14.23 Facepiece. 3 minutes—walking and turning and nodding hours to tight-fitting facepieces and not liead. less than 6 cubic feet per minute for 4 (a) General requirements. Each face- iy2 minutes—smiling. piece shall be constructed so as to assure iy2 minutes—frowning. hours to hoods and helmets. Tested under a quick, dispersoid-tight fit on persons of 3 minutes—reciting alphabet. these conditions, the total amount of widely varying facial shapes and sizes. 3 minutes—talking. unretained test suspension, which is The overall efficiency of a full-facepiece 3 minutes—shallow and deep breathing. analyzed and calculated as lead (Pb), respirator shall not be affected by the Repeat above schedule once. shall not exceed 4.8 milligrams for a test optional use of corrective spectacles. A (3) During the same 30-minute pe­ made at 4 cubic feet per minute or 6.2 mouthpiece-type respirator with provi­ riod, a second sampling pump, connected milligrams for a test made at 6 cubic sion for nasal seal may be used provided to a second membrane filter and holder feet per minute. the respirator meets all other pertinent assembly located in the wearer’s breath­ * * * * * requirements of this part. Coverings of ing zone, will sample the test concentra­ (1) Silica-dust tests of air-purifying cloth or other material for the face-con­ tion in the ambient atmosphere. respirators (with attached blower in the tacting portion of the facepiece approved (4) To meet the requirements of this contaminated atmosphere) designed for as part of a respirator that is designed test, the sample of coal dust, desiccated respiratory protection against radon for respiratory protection against dusts, and weighed to the nearest 0.01 milli­ daughters and radon daughters attached fumes, or mists shall pass the complete gram, sampled from within the facepiece to dusts, fumes, and mists. Three respira­ facepiece tests for the particular type of during the test, shall not exceed the tors will be tested at the effective airflow respirator except that no such covering following: rate of the respirator as described in of doth or other material will be ap­ Percent of subparagraph (1) of paragraph (a) of proved for use with a respirator for pro­ ambient this section, except that the rate of con­ tection against radon daughters or radon Respirator for— concentration tinuous airflow through the respirator daughters attached to diusts, fumes, and Dusts and mists of materials having a filter shall be not less than 4 cubic feet mists. The head harness shall be adjust­ TLV not less than 0.1 miUigram per minute for 4 hours to tight-fitting able and replaceable. per cubic meter or 2.4 million par­ facepieces and not less than 6 cubic feet (b) Valves—(1) Respiratorsrfor dusts, ticles per cubic foot______10 Radon daughters and radon daugh­ per minute for 4 hours to hoods and hel­ fumes, and mists of materials having a ters attached to dusts, fumes, and mets. Tested under these conditions, the TLV not less than 0.1 milligram per cubic mists ______5 respirator resistance shall not exceed meter or 2.4 million particles per cubic * * * * * that specified in paragraph (a) of § 14.32 foot or for radon daughters and radon for respirators for protection against daughters attached to dusts, fumes, and 11. The subject headings of paragraphradon daughters and radon daughters mists. Each respirator shall be provided (a) and of subparagraphs (1) and (2) of attached to dusts, fumes, and mists. with an exhalation valve(s). The use of paragraph (a) of § 14.31 and the subject an inhalation valve (s) is desirable but heading of paragraph (c) are amended 12. Paragraph (a) of § 14.32 is optional, except that for respirators as set forth below. New paragraphs (f) amended as follows: equipped with a canister, cartridge(s), and (i) are added to § 14.31 as follows, § 14.32 Tests of complete respirator. or filter(s) not attached directly to the and present paragraphs (f) and (g) are relettered (g) and (h), respectively. (a) Resistance to airflow (applicable to facepiece an inhalation valve (s) shall be all dust, fume, and mist respirators) . (1) provided in the breathing system. § 14.31 Mechanical filter tests. * * * * * The resistance to airflow of a complete (a) Silica-dust tests of respirators de­ respirator on inhalation and on exhala­ 10. Paragraph (b) of § 14.30 issigned for respiratory protection against tion will be determined on a mechanical amended as follows: dusts having a TLV not less than 2.4 mil­ apparatus before and after the tests are § 14.30 Facepiece tests. lion particles per cubic foot, dusts, fumes, conducted as described in § 14.31 and as * * * * * and mists having a TLV less than 0.1 described in subparagraph (4) of para­ milligram per cubic meter, radionuclides, graph (b) of this section. The continuous (b) Coal-dust tightness test (appli­ radon daughters and radon daughters rate of airflow will be 85 liters per cable to respirators designed for respira­ attached to dusts, fumes, and mists— (1) minute. tory protection against dusts, and mists of materials having a TLV not less than Single-use filters (applicable to all res­ (2) The résistance to inhalation of res­ 0.1 milligram per cubic meter or 2.4 mil­ pirators described in this paragraph). pirators approved for respiratory protec­ lion particles per cubic foot, or for radon * * * * * tion against dusts, fumes, and mists but daughters and radon daughters attached (2) Reusable filters (applicable only not for protection against radon daugh­ to dusts, fumes, and mists). (1) Three to respirators designed for protection ters and radon daughters attached to persons shall each wear two different against dusts having a TLV not less than dusts, fumes, and mists shall not exceed 2.4 million particles per cubic foot). 30 millimeters of water-column height respirators (six tests and six different,, before and 50 millimeters height im­ respirators) in a concentration of 75±25* * * * * * mediately after each test, and the re­ milligrams per cubic meter of bituminous (c) Lead fume tests for respirators de­sistance to exhalation shall not exceed coal dust. The coal dust shall be 100 per­ signed for respiratory protection against 20 millimeters of water column height cent through a 200-mesh sieve. The fumes of various metals having a TLV at any time. geometric mean particle diameter, deter­ not less than 0.1 milligram per cubic mined from Coulter counter measure­ (3) The resistance to inhalation of meter or for radon daughters and radon respirators approved for respiratory pro­ ments, or equivalent, shall be 1.2 microns, daughters attached to dusts, fumes, and with a standards deviation not greater mists. tection against radon daughters and than 2. Each person will perform not radon daughters attached to dusts, more than one test in a single day. * * * * * (f) Lead-fume tests of air-purifyingfumes, and mists shall not exceed 18 mil­ (2) Each respirator will be modified, in limeters of water-column height before a manner which will least affect its per­ respirators (with attached blower in the formance, by connecting a lightweight contaminated atmosphere) designed for or 25 millimeters of water-column height tube through the facepiece to a 5-micron respiratory protection against radon immediately after the silica dust tests de­ pore size membrane filter and holder as­ daughters and radon daughters attached scribed in subparagraph (1) of paragraph sembly and a vacuum (sampling) pump to dusts, fumes, and mists. Three res­ (a) , and paragraph (i) of § 14.31. The operating at 2 liters per minute. Each pirators will be tested at the effective resistance to exhalation shall not exceed wearer will perform the preliminary airflow rate of the respirator as described facepiece fit test recommended by the. 15 millimeters of water-column height manufacturer. If he obtains a satisfac-* in paragraph (c) of this section, except at any time. tory fit, he will wear the respirator for that the rate of continuous airflow ***** 30 minutes while performing the follow­ through the respirator filter shall be not [F.R. Doc. 69-4720; Filed, Apr. 21, 1969; ing test in the coal dust chamber. less than 4 cubic feet per minute for 4 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 PROPOSED RULE MAKING 6737

nation "OPAC” are inserted after the 56.6-58 Mandatory-SGCS. Areas In which [ 30 CFR Parts 55, 56, 57 ] charged holes are awaiting firing shall be word “Mandatory.” In paragraph 55.11-3 guarded, or barricaded and posted, or flagged, METAL AND NONMETALLIC MINES the word and letters “Mandatory-OPAC” against unauthorized entry. Health and Safety Standards; Notice are inserted after the paragraph num­ ber. The standards set forth in these 6. In paragraph 56.6-113, the second of Corrections; Extension of Time paragraphs have been recommended to sentence is corrected to read: “Adequate for Comments be mandatory by the Advisory Com­ steps, including the grounding and bond­ In Part II of the F ederal R egister of mittee. ing of the conductive parts of pneumatic January 16, 1969, pages 656 through 693, 3. In paragraph 55.5-1 the name loading equipment, shall be taken to there was published a notice of proposed “American Conference of Governmental eliminate the hazard of static electricity rule-making of proposed Health and Hygienists” is corrected to read “Amer­ before blasting agent use is commenced.” Safety Standards for Metal and Non- ican Conference of Governmental Indus­ 7. The paragraph numbered “56.5- metallic Open Pit Mines, Underground trial Hygienists.” 115” is corrected to “56.6-115.” Mines, and Sand, Gravel, and Crushed 4. In paragraph 55.6-113, the second 8. Paragraph 56.8-2 is corrected to Stone Operations, respectively, which sentence is corrected to read: “Adequate read: are covered by the Federal Metal and steps, including the grounding and bond­ 56.8-2 Mandatory-SGCS. Safety chains or Nonmetallic Mine Safety Act of 1966 (80 ing of the conductive parts of pneumatic other suitable locking devices shall be pro­ Stat. 772, 30 U.S.C. 721-740, Supp. H I). loading equipment, shall be taken to vided across connections to and between high The standards were set forth in proposed eliminate the hazard of static electricity pressure oxygen hose lines of 1-inch inside new Parts 55, 56, and 57, of Title 30, Code before blasting agent use is commenced.” diameter or larger, of Federal Regulations. Interested per­ 5. In paragraphs 55.12-47 and 55.12- 9. In paragraphs 56.12-47 and 56.12-50 sons were afforded a period of 60 days 50, the title “National Electrical Safety the title “National Electrical Safety after the date of publication in which Code” is corrected to read “National Code” is corrected to read “National to submit written data, views, or argu­ Electrical Code.” Electrical Code.” ments, and within which to file written 6. The paragraph numbered “55.19- 10. Paragraph 56.13-17 is corrected to objections and request a public hearing 49” is changed to “55.19-50” and a new read: on a proposed health and safety standard paragraph 55.19-49 is inserted as follows: 56,13-17 Mandatory-SGCS. Safety chains which is designated as a mandatory or suitable locking devices shall be used at standard and which has not been recom­ 55.19- 49 Mandatory-OPAC. Buckets shallconnections to machines of high pressure mended as a mandatory standard by an not be used to hoist men except during shaft hose lines of 1-inch inside diameter or larger, sinking operations, inspection, maintenance, and between high pressure hose lines of 1- Advisory Committee. and repairs. In the F ederal R egister of March 14, inch inside diameter or larger, where a con­ 1969, at page 5258, there was published a 7. Paragraph 55.19-62 is corrected to nection failure would create a hazard. notice extending the time within which read: 11. The paragraph numbered “56.19- to submit written data, views, or argu­ 55.19- 62 Maximum acceleration and de­49” is changed to “56.19-50” and a new ments, and within which to file written celeration should not exceed 6 feet per sec­ paragraph 56.19-49 is inserted as follows: objections and request a public hearing to ond per second. 56.19- 49 Mandatory-SGCS. Buckets shall May 1,1969. not be used to hoist men except during shaft A review of the proposed health and PART 56— SAND, GRAVEL, AND sinking operations, inspection, maintenance, safety standards as published on January and repairs. 16, 1969, has disclosed errors of a sub­ CRUSHED STONE OPERATIONS stantive nature. The proposed Parts 55, Part 56 is corrected and revised as 12. Paragraph 56.19-62 is corrected to 56, and 57, of Title 30, Code of Federal follows: read: Regulations, are corrected and revised 1. The first sentence of § 56.1 “Pur­ 56.19- 62 Maximum acceleration and de­ as shown below. These are substantive pose and scope” is revised to read as celeration should not exceed 6 feet per corrections only. Minor typographical follows: “The regulations in this part are second per second. errors are not being corrected at this promulgated pursuant to section 6 of the time. Federal Metal and Nonmetallic Mine PART 57— METAL AND NONMETAL­ In accordance with the provisions of Safety Act (30 U.S.C. 725) and prescribe section 6 of the Federal Metal and Non­ health and safety standards for sand LIC UNDERGROUND MINES metallic Mine Safety Act (30 U.S.C. 725), (including industrial sands), gravel, and Part 57 is corrected and revised as interested persons are hereby afforded a crushed stone operations which are sub­ follows: period of 30 days after the date of pub­ ject to the Act.” 1. In paragraph 57.5-1 the name lication in the F ederal R egister of this 2. In paragraphs 56.3-1, 56.4-23, 56.- “American Conference of Governmental notice of corrections in which to submit 6-84, 56.19-46, the letters and designa­ Hygienists” is corrected to read “Ameri­ written data, views, or arguments re­ tion “SGCS” after the word “Manda­ can Conference of Governmental Indus­ specting only the proposed standards trial Hygienists.” affected by these corrections. Communi­ tory” are deleted. The standards set cations should be addressed to the Direc­ forth in these paragraphs have not been 2. In paragraph 57.6-5 after the word tor, Bureau of Mines, Department of the recommended to be mandatory by the “Reference” insert “57.5-1.” Interior, Washington, D.C. 20240. Advisory Committee. 3. Paragraph 57.6-12 is corrected to 3. In paragraphs 56.4-4, 56.6-49, 56.- read: R ussell E. T rain, 6-94, 56.6-96, 56.6-115, the letters and Under Secretary of the Interior. 57.6- 12 Mandatory. Internal combustion designation “SGCS” are inserted after engines other than Bureau of Mines ap­ April 18, 1969. the word “Mandatory.” In paragraph proved diesels shall not be used underground 56.11-3 the word and letters “Manda- and such approved diesels shall be operated tory-SGCS” are inserted after the para­ in an approved manner and maintained in PART 55— METAL AND NONMETAL­ approved condition. LIC OPEN PIT MINES graph number. The standards set forth in these paragraphs have been recom­ 4. Paragraph 57.7-45 is deleted. Part 55 is corrected and revised as mended to be mandatory by the Advisory 5. The paragraph numbered “57.7-78” follows: Committee. 1. In paragraphs 55.3-1 and 55.4-23, is changed to “57.7-79” and a new para­ the letters and designation “OPAC” after 4. In paragraph 56.5-1 the name graph 57.7-78 is inserted as follows: the word “Mandatory” are deleted. The “American Conference of Governmental 57.7- 78 Mandatory-VAC. Vehicles shall be standards set forth in these paragraphs Hygienists” is corrected to read “Amer­ attended, whenever practical and possible, have not been recommended to be man­ ican Conference of Governmental Indus­ while loaded with explosives or detonators. datory by the Advisory Committee. trial Hygienists.” . 6. In § 57.7 “ Explosives” under the 2. In paragraphs 55.4-4, 55.6-94, 55.- 5. Paragraph 56.6-58 is-corrected to center headings “Use”-—“Surface Only” 6-96, and 55.6-115, the letters and desig­ read: the following paragraphs are added :

FEDERAL REGISTER, VOL 34, NO. 76— TUESDAY, APRIL 22, 1969 6738 PROPOSED RULE MAKING 57.7- 168 Mandatory- VAC. Misfires shall beAdvisory Committee nor the Secretary phrase “received at a pool plant(s) for reported to the proper supervisor and shall has recommended the proposed standard at least 3 days during the month” in each be disposed of safely before any other work in this paragraph to be mandatory. paragraph to read: “received at a pool is performed in that blasting area. 57.7- 169 Blastholes in “hothole" areas 17. In paragraphs 57.22-13, 57.22-39, plant(s) for at least 5 days during the and holes that have sprung should not be 57.22-40, and 57.22-81 references to the month”. charged before tests have been made to in­ quantity “1 percent” are corrected to Proposal No. 3. Amend that part of sure that the heat has dissipated to a safe “1.0 percent.” paragraph (a) of § 1060.23 preceding the extent. 18. In paragraph 57.22-63 the first sen­ proviso to read as follows: 57.7- 170 Mandat ory-UAC. Where Electrictence is corrected to read: “Underground (a) A distributing plant from which blasting is to be performed, electric circuits working places shall be examined for a volume of Class I milk equal to not less to equipment in the immediate area to be blasted shall be deenergized before explosives hazards by qualified persons at least once than 35 percent of its Grade A receipts are brought into the area; the power shall during each producing shift, and more is disposed of during the month on not be turned on again until after the shots often, if necessary.” routes or by transfer to another plant are fired. 19. Paragraph 57.22-96 is corrected to and classified as Class I pursuant to read: § 1060.44 and not less than 15 percent of 7. In 57.7 “Explosives” under the such receipts are so disposed of in the center headings “Use”—“Underground 57.22-96 Mandatory. The Bureau of Mines and the State Inspector of Mines in grant­ marketing area: Only” delete paragraphs 57.7-178 ing approval referred to in paragraph 57.22- Proposal No. 4. Amend the sentence through 57.7-180 and insert in lieu 95, shall provide the operator with a written preceding the proviso in paragraph (a) thereof the following paragraphs: list of conditions for using the specific of § 1060.61 to read as follows: “A plant 57.7- 178 In secondary blasting if moreblasting agent or explosives covered by from which the Secretary determines a than one shot is to be fired at one time, the approval and adapted to the mining greater proportion of fluid milk prod­ blasting should be done electrically or with operation. ucts is disposed of in another marketing detonating cord. [F.R. Doc. 69-4773; Filed, Apr. 21, 1969; area regulated by another order issued 57.7- 179 Blastholes should be cleaned be­ 8:48 a.m.] fore charging is begun. pursuant to this Act and such plant is 57.7- 180 Explosives and blasting lines fully subject to regulation of such other should be isolated from sources of static order:” or other electrical contract. Proposed by All Grade A Producers of 57.7- 181 Where electric blasting is to beDEPARTMENT OF AGRICULTURE Cavalier, Pembina, and Walsh Counties, performed, electric circuits to equipment in N. Dak: the immediate area to be blasted should be Consumer and Marketing Service deenergized before explosives are brought into Proposal No. 5. Amend § 1060.2(a) of the area; the power should not be turned on [ 7 CFR Part 1060 ] the Minnesota-North Dakota order to again until after the shots are fired. exclude Cavalier, Pembina, and Walsh [Docket No. AO 360-A3] Counties, N. Dak. 8. In paragraph 57.7-193, the second Proposed by Fergus Dairy, Fergus sentence is corrected to read: “Adequate MILK IN MINNESOTA-NORTH Falls, Minn.: steps, including the grounding and bond­ DAKOTA MARKETING AREA Proposal No. 6. Amend § 1060.2(a) by ing of the conductive parts of pneumatic adding Pope County, Minn., to the mar­ loading equipment, shall be taken to Notice of Hearing on Proposed keting area. eliminate the hazard of static electricity Amendments to Tentative Market­ Proposed by the Dairy Division, Con­ before blasting agent use is commenced.” ing Agreement and Order sumer and Marketing Service: 9. In paragraph 57.7-195 the letters Proposal No. 7. Make such changes as and designation “UAC” are inserted after Pursuant to the provisions of the Ag­ ricultural Marketing Agreement Act of may be necessary to make the entire the word “Mandatory.” The standard set marketing agreement and the order con­ forth in this paragraph has been recom­ 1937, as amended (7 U.S.C. 601 et seq.), and the applicable rules of practice and form with any amendments thereto that mended to be mandatory by the Advisory procedure governing the formulation of may result from this hearing. Committee. marketing agreements and marketing or­ Copies of this notice of hearing and 10. Paragraph 57.7-199 is delete'd. ders (7 CFR Part 900), notice is hereby the order may be procured from the 11. In paragraph 57.10-7 the letters given of a public hearing to be held at the Market Administrator, Sanford A. Bal- and designation “TJAC” after the word Sunbowl Room, Biltmore Motor Hotel, giaard, 7703 Normandale Road, Room “Mandatory” are deleted. The standard 3700 West Main, Fargo, N. Dak., begin­ 100, Minneapolis, Minn. 55435, or from set forth in this paragraph has not been ning at 9:30 a.m., local time, on Wednes­ the Hearing Clerk, Room 112-A, Admin­ recommended to be mandatory by the day, May 14, 1969, with respect to istration Building, U.S. Department of Advisory Committee. proposed amendments to the tentative Agriculture, Washington, D.C. 20250 or 12. In paragraph 57.10-99 the second marketing agreement and to the order, may be there inspected. sentence is corrected to read: “Mantrips regulating the handling of milk in the Signed at Washington, D.C., on shall be operated independently of ore Minnesota-North Dakota marketing April 17,1969. and supply trips.” area. J ohn C. Blum, 13. In paragraphs 57.14-45 and The public hearing is for the purpose Deputy Administrator, 57.14-48 the title “National Electrical of receiving evidence with respect to the Regulatory Programs. Safety Code” is corrected to read “Na­ economic and marketing conditions [F.D. Doc. 69-4748; Filed, Apr. 21, 1969; tional Electrical Code.” which relate to the proposed amend­ 8:48 a.m.] 14. The paragraph numbered “57.21- ments, hereinafter set forth, and any ap­ propriate modifications thereof, to the 49” is changed to “57.21-50” and a new [ 7 CFR Part 1201 ] paragraph 57.21-49 is inserted as follows: tentative marketing agreement and to the order. TYPE 62 SHADE-GROWN CIGAR- 57.21- 49 Mandatory-UAC. Buckets shall The proposed amendments, set forth LEAF TOBACCO GROWN IN DES­ not be used to hoist men except during shaft below, have not received the approval of sinking operations, inspection, maintenance, the Secretary of Agriculture. IGNATED PRODUCTION AREA OF and repairs. Proposed by Land O’Lakes Creameries, FLORIDA AND GEORGIA 15. Paragraph 57.21-62 is corrected Inc., Minneapolis, Minn. : Notice of Proposed Rule Making With to read: Proposal No. 1. In § 1060.51(a) of the Respect to Expenses and Fixing of Minnesota-North Dakota order, change 57.21- 62 Maximum acceleration and de­ Rate of Assessment for 1969-70 celeration should not exceed 6 feet per second the figure $0.86 to $1.10. per second. Proposed by Cass-Clay Creamery, Inc., Fiscal Period 16. In paragraph 57.21-127 the word Moorhead, Minn.: Consideration is being given to the “Mandatoryv and the letters and desig­ Proposal No. 2. Amend paragraphs (a) following proposals submitted by the nation “TJAC” are deleted. Neither the and (b) of § 1060.16 by changing the Control Committee, established under

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 PROPOSED RULE MAKING 6739 the amended marketing agreement and windows of campers, pickup caps, pickup § 210.5 Sender’s agreement. Amended Order No. 195 (7 CFR Part covers and pickup canopies to conform (a) By its action in sending any cash 1201), regulating the handling of type to AS1 type safety glass specifications item or noncash item to a Federal Re­ 62 shade-grown cigar-leaf tobacco grown established by Z26.1-1966; or AS2 type serve Bank, the sender shall be deemed in designated production area of Florida laminated safety glass meeting the spec­ (1) to authorize the receiving Federal Re­ and Georgia, effective under the ap­ ifications established by Z26.1-1966 plus serve Bank, and any other Federal Re­ plicable provisions of the Agricultural the penetration resistance test No. 26, serve Bank or other collecting bank to Marketing Agreement Act of 1937, as set forth in Z26.1-1966; or AS3 type lam­ which such item may be forwarded, to amended (Secs. 1-19, 48 Stat. 31, as inated safety glass meeting the specifica­ handle such item subject to the provi­ amended; 7 U.S.C. 601-674), as the tions established in Z26.1-1966 plus the sions of this Part and of the operating agency to administer the terms and pro­ penetration resistance, test No. 26 set letters of the Federal Reserve Banks; (2) visions thereof: forth in Z26.1-1966. The proposed effec­ to warrant its own authority to give such (a) Expenses in the amount of $8,500 tive date of the amendment was July 1, authority; (3) to agree that such provi­ are reasonable and likely to be incurred 1969. sions shall, insofar as they are made by the Control Committee for its main­ The regulation presently permits AS-1, applicable thereto, govern the relation­ tenance and functioning during the AS-2, and AS-3 type safety glass; and ships between such sender and the Fed­ fiscal period ending January 31, 1970. AS-4 and AS-5 type plastics, to be used eral Reserve Banks with respect to the (b) The following rate of assessment in forward facing windows of campers. handling of such item and its proceeds; which each handler who first handles Interested persons were invited to sub­ and (4) to agree that it will honor drafts tobacco shall pay, in accordance with the mit data, information, views, and argu­ drawn upon it in connection with the applicable provisions of the said amend­ ments by March 31, 1969. Several manu­ direct return of cash items to it pursuant ed marketing agreement and amended facturers of plastics, in response to the to § 210.12(b). order, is hereby fixed as such handler’s notice, requested a meeting to demon­ ***** pro rata share of the aforesaid ex­ strate the relative merits of AS-4 and penses; $1.20 per 1,000 pounds of tobacco AS-5 type glazing material (plastics). A (c) Whenever any action or proceed­ handled by such handler as the first meeting was held on March 27, 1969, at ing is brought in any court against a handler thereof during the fiscal period which the Federal Highway Administra­ Federal Reserve Bank which has col­ ending January 31,1970. tion requested that additional informa­ lected an item, based upon the alleged tion be supplied regarding the relative failure of the sender of such item to (c) Terms used in this section shall have the authority to make the warranty have the same meaning as when used in safety of AS-4 and AS-5 for use in for­ ward facing windows of campers. Two and the agreement referred to in para­ said amended marketing agreement and graph (a) of this section, or upon any amended order. plastic manufacturers, have asked for an extension of time to file comments so action taken by such Federal Reserve All persons who desire to submit writ­ they may supplement their comments Bank within the scope of its authority ten data, views, or arguments in connec­ with the test data requested. for the purpose of collecting such item, tion with the aforesaid proposals should In view of the foregoing, additional or upon any warranty or agreement with file the same, in duplicate, With the Hear­ time to file comments in response to the respect thereto made by such Federal ing Clerk, U.S. Department of Agricul­ notice of proposed rule making is being Reserve Bank consistently with para­ ture, Room 112, Administration Build­ allowed and the proposed effective date graph (b) of § 210.6 of this part, such ing, Washington, D.C. 20250, not later of the regulations will be postponed until Federal Reserve Bank may, upon the en­ than the 15th day after the publication the additional test data submitted can try of a final judgment or decree in such of this notice in the F ederal R egister. be thoroughly evaluated. Therefore, the action or proceeding, recover from the All written submissions made pursuant time to file comments in response to the sender in the manner provided herein to the notice will be made available for proposed amendment to Standard No. the amount of attorneys’ fees and other public inspection at the office of the 205 is extended until August 1,1969. expenses of litigation actually incurred, Hearing Clerk during official hours of and, in addition, any amount required business. This notice of extension of time to file comments is issued under the authority to be paid by such Federal Reserve Done at Washington, D.C., this 17th of sections 103 and 119 of the National Bank under such judgment or decree, day of April 1969. together with interest thereon. Such Traffic and Motor Vehicle Safety Act of recovery may be effected by charging J ack T homason, 1966 (15 U.S.C. 1392, 1407) and the dele­ the amount thereof to any account Director, Tobacco Division, gation of authority contained in § 1.4(c) of the sender maintained on the books Consumer and Marketing Service. of Part 1 of the regulations of the Office of such Federal Reserve Bank (or if [F.R. Doc. 69-4749; Filed, Apr. 21, 1969; of the Secretary (49 CFR 1.4(c)). the sender is another Federal Reserve 8:48 a.m.] Issued: April 17,1969. Bank, by entering a charge therefor F. C. T urner, against such other Federal Reserve Federal Highway Administrator. Bank through the Interdistrict Set­ tlement Fund), provided only (1) that DEPARTMENT OF [F.R. Doc. 69-4750; Filed, Apr. 21, 1969; such Federal Reserve Bank shall have 8:48 a.m.] made seasonable demand on the sender TRANSPORTATION in writing to assume the defense of the action or proceeding, and (2) that the Federal Highway Administration FEDERAL RESERVE SYSTEM sender shall not have made any other E 49 CFR Part 371 1 provision acceptable to such Federal Re­ [ 12 CFR Part 210 1 serve Bank for the payment of such [Docket No. 69-5; Notice 2] amount. A Federal Reserve Bank against [Reg. J] which any such charge has been entered MOTOR VEHICLE SAFETY STANDARDS through the Interdistrict Settlement COLLECTION OF CHECKS AND OTHER Fund may recover from its sender, in Motor Vehicle Safety Standard No. ITEMS BY FEDERAL RESERVE BANKS 205; Glazing Materials; Notice of any case herein provided, as if the ac­ Sender’s Agreement and Return of tion or proceeding against the Federal Extension of Time To File Com­ Reserve Bank which entered the charge ments Cash Items had been brought against it. The failure On March 1, 1969, the Federal High­ The Board of Governors is considering of any Federal Reserve Bank to avail way Administration published in the amending Part 210 (Regulation J) in the itself of the remedy provided by this Federal R egister a notice of proposed following respects : paragraph shall not prejudice the en­ rule making (34 F.R. 3699) that would 1. Section 210.5(a) would be amendedforcement by it in any other manner of amend Standard No. 205 to require glaz­ and new paragraph (c) would be added the indemnity agreement referred to in ing materials for use in forward facing at the end thereof as follows: paragraph (b) of this section.

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 No. 76----- 3 6740 PROPOSED RULE MAKING 2. Section 210.12 would be amendedpermit any paying bank to return an by charging the account of the sending by relettering paragraph (b) of that sec­ unpaid cash item directly to the bank bank, provided the Reserve Bank has tion as paragraph (c) and by inserting that sent the item to the Reserve Bank tendered defense of the suit to the send­ the following new paragraph (b): for collection (if the sending bank was ing bank and such tender has not been the first bank to which the item was accepted. § 210.12 Return of cash items. transferred for collection) and to draw This notice is published pursuant to * * * * * a draft upon the sending bank for re­ section 553(b) of title 5 of the United (b) Within the time and in the man­ imbursement for provisional payment of States Code, and § 262.2(a) of the Rules ner prescribed by paragraph (a) of this the item. Such a procedure for the di­ of Procedure of the Board of Governors. section, a paying bank may return an rect return of unpaid items is provided To aid in the consideration of this unpaid cash item directly to the sender, for by provisions of the Uniform Com­ matter by the Board, interested persons if the sender was the first bank to which mercial Code as adopted in most but not are invited to submit relevant data, the item was transferred for collection; all of the States. The proposed amend­ views, or arguments. Any such material and the paying bank may send for col­ ments would in effect supplement the should be submitted in writing to the lection as a cash item a draft drawn Uniform Commercial Code, in respect to Secretary, Board of Governors of the upon the sender and obtain reimburse­ items handled by the Reserve Banks, in Federal Reserve System, Washington, ment. In such case, if the sender has re­ those States in which provision for di­ D.C. 20551, to be received not later than ceived credit for the item in accordance rect return of unpaid items has not been May 16,1969. with § 210.10, the sender shall reimburse adopted. Dated at Washington, D.C., this 14th the paying bank drawing the draft; and * The second of the proposed amend­ day of April 1969. any provisional credits for the item be­ ments is intended to provide a procedure tween banks shall become and remain under which a Federal Reserve Bank By order of the Board of Governors. final. that is sued in connection with a cash [seal] R obert P. F orrestal, * * * * * item collected by it may recover from the Assistant Secretary. The purpose of the first and third of sending bank expenses of such litigation [F.R. Doc. 69-4719; Filed, Apr. 21, 1969; the proposed amendments would be to and the amount of any adverse judgment 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 6741 Notices

Dated: April 16, 1969. of homes for lower income persons and families, the increased mobilization of DEPARTMENT OF STATE J ames R. F owler, savings and the improvement of housing Agency for International Development Deputy U.S. Coordinator, Alliance for Progress. conditions in Latin America. LATIN AMERICA HOUSING INVEST­ (b) To carry out the purpose of sub­ Latin America Housing I nvestment section (a), the President is authorized MENT GUARANTY PROGRAM Guaranty P rogram to issue guaranties, on such terms and Reopening conditions as he shall determine, to eligi­ information for applicants ble U.S. investors as defined in section 223 The Agency for International Develop­ I. The program. The Latin Americanassuring against loss of loan investments ment (A.I.D.) hereby announces that ap­ Housing Investment Guaranty Program made by such investors in— plications will again be accepted during is administered by the Agency for Inter­ (1) Pilot or demonstration private 1969 for housing investment guaranties national Development (A.I.D.) of the De­ housing projects in Latin America of in Latin American countries, insuring partment of State. It is an integral part types similar to those insured by the against loss of loan investments by eligi­ of the Alliance for Progress. Its purpose Department of Housing and Urban De­ ble U.S. investors pursuant to section 224 is to insure those private U.S. invest­ velopment and suitable for conditions in of the Foreign Assistance Act of 1961 ments in housing which are most respon­ Latin America; (FAA). Acceptance of applications is sive to the Alliance objective of making (2) Credit institutions in Latin Amer­ governed by the attached “Information a material contribution to the solution ica engaged directly or indirectly in the for Applicants”, by the terms of this of the existing housing and urban devel­ financing of home mortgages, such as Announcement, and by additional spe­ opment problems of Latin America. savings and loan institutions and other cial announcements that may be issued It operates in approximately the same qualified investment enterpfises; from time to time. manner as the Federal Housing Admin­ (3) Housing projects in Latin America The Housing and Urban Development istration’s program of insured mort­ for lower income families and persons, Division of the Bureau for Latin America gages operates in the United States. The which projects shall be constructed in has prepared the attached “Information Contract of Guaranty insures the U.S. accordance with maximum unit costs for Applicants”, which sets out specific investor against the loss of his invest­ established by the President for families guidelines for submitting an application, ment for an approved housing invest­ and persons whose incomes meet the and which supersedes the guidelines ment guaranty project in Latin America. limitations prescribed by the President; issued in connection with all previous The purpose of this brochure is to pro­ (4) Housing projects in Latin America Announcements. vide the basic information needed by ap­ which will promote the development of Applications must be submitted to the plicants in'the preparation of a com­ institutions important to the success of A.I.D. Mission (or U.S. Embassy or Con­ petitive housing investment guaranty the Alliance for Progress, such as free sulate) in each country for which the application. labor unions, cooperatives, and other housing investment guaranty is request­ As additional guaranty authority be­ private enterprise programs; or ed. No applications will be accepted by comes available A.I.D. issues a Public (5) Housing projects in Latin America A.I.D. in Washington. Announcement on the Reopening of the 25 per centum or more of the aggregate Countries for which allocations of in­ Housing Investment Guaranty Program. of the mortgage financing for which is vestment guaranty authority have been This announcement indicates - the made available from sources within approved to date are as follows: amount of additional authority avail­ Latin America and is not derived from able; the countries for which applica­ sources outside Latin America, which Application Total tions will be accepted; the tentative projects shall, to the maximum extent Country period authority amount allocated to each country and practicable, have a unit cost of not more (tentative) the terminal date for the receipt of ap­ than $6,500. plications for each of the eligible coun­ B. The objectives. 1. The program is Barbados, B.W.I-...... Sept. 1-15,1969 $3, 000,000 Argentina ...... Oct. 1- 15,1969 6, 000,000 tries. There also will be individual an integral part of the Alliance for Colombia______Nov. 1- 15,1969 6, 000,000 announcements concerning special con­ Progress. Accordingly, A.I.D. utilizes the Ecuador______| _____ Dec. 1- 15,1969 3, 000,000 ditions, which will apply to applications guaranty authority to the maximum ex­ for a particular country. tent possible to support those projects It is anticipated that in the near A. Congressional authority. 1. The au­which are most responsive to a basic future, allocations of investment guar­ thority to guaranty is contained in the Alliance objective of making a material anty authority will be approved for Foreign Assistance Act of 1961, as contribution to the solution of the exist­ additional Latin American countries amended: ing housing and urban development and announcements concerning such S ec. 224. Housing Projects in Latin problems of Latin America. This is to be allocations will be issued by A.I.D. American Countries. accomplished: promptly as they become available. (a) It is the sense of Congress that in a. Principally by the development and Separate special announcements con­ order to stimulate private home owner­ strengthening of housing finance in­ cerning the housing investment guar­ ship and assist in the development of stitutions, which will be able to make a anty program will be issued by A.I.D. stable economies in Latin America, the continuing contribution to the basic for each of the countries listed herein, authority conferred by this section objective. and for each country for which subse­ should be utilized for the purpose of b. Also by projects which have dem­ quent allocations of guaranty authority assisting in the development in the onstration or multiplier effects which can are announced as stated above. These American Republics of self-liquidating contribute toward achieving qualitative special announcements may be obtained pilot housing projects, the development and quantitative improvements in the from the A.I.D. Mission in each country of institutions engaged in Alliance for home construction and finance indus­ (or the U.S. Embassy in Barbados), or, Progress programs, including coopera­ tries throughout the hemisphere. upon request, from the Housing and tives, free labor unions, savings and loan c. Also by the creation of institutions Urban Development Division, Bureau type institutions, and other private en­ capable of undertaking long range co­ for Latin America, Agency for Inter­ terprise programs in Latin America en­ operative housing programs that serve national Development, Washington, D.C. gaged directly or indirectly in the financ­ the needs of low and middle income 20523. ing of home mortgages, the construction families.

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 6742 NOTICES d. And finally by the addition of hous­cial participation of local institutions, housing service institutions capable of ing to the existing inventory. as lenders or guarantors, will be wel­ providing technical assistance to cooper­ A.I.D. seeks to encourage the use of comed for review and evaluation under atives as a meaningful demonstration of significantly better financing, marketing, this program. The maximum selling price dynamic democracy. A.I.D. will continue management, and building techniques to of houses in the pilot or demonstration to support programs to assist trade meet these objectives, and will enter­ category which A.I.D. will approve at the unions and will encourage the furnishing tain proposals employing improvements time construction of the project com­ of assistance to housing cooperatives. and/or innovations in methods, ma­ mences is $7,500. Also included are “other private enter­ terials, and design in home and com­ 2. Credit institution. This facet of the prise programs” in order to permit the munity planning and construction which program deals with credit institutions development of new types of programs will result in reduced initial costs and engaged in financing home mortgages. involving existing groups which do not carrying charges and improved housing Guaranties will include loans to Latin fall into the trade union or cooperative while at the same time being consistent American savings and loan systems and categories. Since the focus of A.I.D.’s in­ with sound underwriting criteria. associations made by those U.S. savings terest is the institution involved, appli­ C. The five categories—1. Pilot dem­and7 loan institutions and Federal Home cations submitted for this portion of the onstration. (a) Any project submitted Loan Banks eligible for participation Program should include detailed infor­ under this category must demonstrate a through the Housing Acts of 1965 and mation concerning the organization or contribution to the advancement of 1968 and subsequently enacted State institution including its membership, af­ housing and/or urban development in statutes. If the proceeds of the loan are filiations, history, financial condition, the locality for which it is proposed. This intended to finance a specific project, and legal structure. The maximum sell­ advancement may be in land planning, the project will be reviewed in accord­ ing price for this portion of the program design, construction, building materials, ance with the criteria hereinafter de­ at the time of commencement of project production techniques, use of manpower, scribed. However, if the loan proceeds construction is $5,000, subject to possible marketing procedures, financing, com­ are intended to serve as seed capital for variation which will be included in the munity planning or organization, or such an individual Latin American savings individual Announcements applying to a other demonstration features as may be and loan institution or for a Latin Ameri­ particular country. responsive to the program objectives. It can savings and loan system, earmarking 5. Local participation. A principal ob­ is not intended, however, that this for a specific project will not be neces­ jective of the program is to encourage category be used for experimenting with sary. A.I.D. will nonetheless require that the mobilization of Latin American cap­ unproved methods of construction and houses constructed with the proceeds of ital either in the form of savings and/or materials. To be acceptable for incor­ such loans comply with structural and as local investments in specific projects. poration into houses under this category, design controls and limitations to be While the statutes require a minimum new methods must have been utilized established by the agency. The maxi­ of 25 percent of the total mortgage successfully in a climatic environment mum selling price of houses which may financing for projects in this category similar to that in which the proposed be so financed is $5,000, subject to pos­ from- Latin American sources, A.I.D. will project is to be located. sible variations from country to country give special consideration to those proj­ (b) The relevant portion of the stat­ which will be included in the announce­ ects which attract a higher percentage of ute quoted above, describes eligible pilot ment for each particular country. Latin American participation as well as or demonstration projects as similar to While not essential to the submission to those projects which commit the use those insured by the Department of of an application under this category, of mortgage repayments of the Latin Housing and Urban Development, and A.I.D. anticipates that all or virtually all Amerian capital as a revolving fund to suitable for conditions in Latin America. such applications will also meet the cri­ finance additional housing. While the The U.S. Department of Housing and teria for local participation described in statutory sales price ceiling for this por­ Urban Development, and in partciular paragraph 5 below, and, in the event of tion of the program is $6,500, A.I.D. will its Federal Housing Administration, now such a combination of criteria, the max­ give special consideration to projects insures a variety of projects in addition imum allowable sales price will therefore having a lower sales price. to one-family homes and condominium be $6,500. An application may qualify under apartments. This includes the rehabili­ 3. Housing projects for lower income more than one category, and could qual­ tation of existing dwellings, the urbani­ families. A.I.D. intends to encourage the ify under all five categories simultane­ zation of land for resale, cooperative development of projects which will pro­ ously. Where a project qualifies under projects, technically innovative projects, vide housing for families with the mini­ more than one category, the maximum and others. Rental projects, however, are mum income consistent with fulfilling all allowable sales price will be the highest not contemplated under this program. the obligations of home ownership. To allowable. For example, a cooperative While the appropriateness of any par­ the maximum degree possible, this should project with 25 percent local participa­ ticular one of these new categories for endeavor to reach the lowest income level tion will have an allowable sales price of A.I.D. housing guaranties remains to be of the regularly employed. With this $6,500. determined, applicants are invited to end in view, A.I.D. has established a basic D. Eligibility criteria—1. Limit on ap­ provide the most imaginative proposals price ceiling for this phase of the pro­ plications. No applicant may file more consistent with these guidelines. In sub­ gram of $2,500. This price ceiling may be than one application in any one country stantial measure the relevance and per­ adjusted from country to country, and during any one application period. tinence of proposals to guaranty pro­ the governing ceiling will be discussed 2. Applications previously submitted. gram objectives will be derivatives of the in the announcement for each particular Applications previously submitted under excellence and creativity of the presenta­ country. To meet this target, architects earlièr housing guaranty programs and tion and each will be considered on its and builders should be encouraged to ex­ not approved will not be considered un­ own merits. plore and utilize new building techniques less resubmitted utilizing the present (c) A.I.D. continues to consider as one and to develop new designs. In many lo­ form of application. Such applications of its most important goals the develop­ cations, only a “core” house may be fea­ must meet all requirements of this ment of institutions in Latin America sible within the price ceilings established. program. which participate in the Alliance for 4. Institutions important to the Alli­ 3. Sales price. The maximum sales Progress by helping in the economic and ance. This portion of the program will price of any dwelling unit as listed by social development of the hemisphere. attempt to stimulate the construction of category in section (C) above shall not (See also subsection 4 'below which is housing projects in Latin America which be exceeded at the time construction of devoted to projects directed primarily at will promote the development of institu­ the project begins and houses are offered institution building). Accordingly, pilot tions important to the success of the Alli­ for sale. Therefore, in preparing appli­ or demonstration projects which will also ance for Progress. One of the major aims cations, sponsors should take into con­ promote the development of trade of the Alliance is the encouragement and sideration anticipated price increases unions, cooperatives and mortgage credit support of the growth of free trade resulting from increased material and institutions, or which provide for finan­ unions and cooperatives, and cooperative labor costs between the time the applica-

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 NOTICES 6743 tion is submitted and construction be­ the program. In the discussion that fol­ gregate less than 5 per centum of the total of issued and subscribed share capital, re­ gins*. This period may be between 18 lows the term “specific projects” is used quired by law to be held by other than the months and 2 years. A.I.D. will allow to cover all applications under all cate­ U.S. owners. increases in sales- prices above the ceil­ gories that propose the construction of ings, however, which may be required by a number of houses on a particular site or 2. Investors in the program to date increases in the costs of labor and ma­ sites. The term “general relending’’ is have included insurance companies, com­ terial during the construction period. used to cover applications that propose a mercial banks, the trustees of the pension 4. Bonding and warranties, (a) Spon­loan to a mortgage credit institution, for and retirement funds of AFL-CIO sors of specific projects will be required relending to finance individual home unions, Federal Home Loan Banks, to provide surety that if a project is mortgages. United States Federal Savings and loan terminated prematurely, it will be done A. Sponsors .of specific projects. The association and State chartered savings in an orderly fashion. This will require sponsor normally develops a project, sub­ and loan associations. It is also under­ that work begun be completed and that mits it to A.I.D. for review and is respon­ stood that action by State legislatures or all financial obligations of the sponsor sible, once the project is determined to State supervisory agencies now permits be satisfied. This surety may be in the be eligible for guaranty coverage, to see or soon will permit a substantial number form of a performance bond or a bank it through to completion. The sponsor of of additional State chartered savings and guaranty in an amount not less than 10 specific projects will normally be an in­ loan associations to participate in the percent of the cost of the project. If dividual or entity with considerable ex­ program as investors. neither performance bonds nor bank perience in organizing and carrying out 3. Sponsors are not required to provide guaranties are available, this surety may large scale residential construction proj­ evidence of the specific interest of long­ be in such other form (generally the ects. All sponsors of specific projects term U.S. investors at the time of appli­ pledge of specific assets) as may be ac­ shall: cation. The first contact between the ceptable to A.I.D. 1. Demonstrate actual experience and sponsor and investor need not take place (b) Sponsors of specific projects will present capacity in developing housing until A.I.D. has completed its evaluation also be required to escrow 2.7 percent projects, and financial capacity to com­ and issued a Letter of Advice to the of the sales price for not less than a plete the proposed project; successful applicants. 12-month period after the closing of each 2. Certify that they are not presently D. The investment. 1. The U.S. invest­ house to insure that the sponsor meets barred from doing business with the Fed­ ment must be in the form of a long-term the conditions of his warranties, or to eral Housing Administration or other (generally at least 15 years and usually make other arrangements acceptable to agencies of the U.S. Government; and 20 years) dollar loan to provide mortgage A.I.D. A.I.D. may require more extensiye 3. Demonstrate ability to secure con­ financing for a home ownership program. warranties depending on normal prac­ struction financing without an A.I.D. all The mortgage financing, together with tice in the countries in which projects risk guaranty specifically for such con­ downpayments and closing costs, should are located. struction financing. produce funds adequate to cover all proj­ 6. Applications. All applications must B. Sponsors of credit institution ap­ ect costs, including profit. Investments be submitted in the English language. plications. 1. For the credit institution in rental projects are not eligible. All exhibits must be submitted in Eng­ program, the sponsor should be a thrift 2. The rate of interest payable to the lish, or must be accompanied by English institution which collects savings from investor is governed by the provisions of translations. Five complete sets of ap­ the general public without any implicit the Foreign Assistance Act of 1961, as plications and exhibits must be sub­ or specific commitment to make a hous­ amended, which are as follows: “Section mitted. Applications should be sub­ ing loan to the saver and which invests 222(h): In the case of any loan invest­ mitted on the prescribed approved form its resources in home mortgages. The ment for housing guaranteed under of application. sponsor can also be the government * * * this Act * * * the Administrator 7. Dwelling space, in regard to dwell­ agency which regulates such privately of the Agency for International Develop­ ing space, it is A.I.D.’s objective that, to owned thrift institutions. ment shall prescribe the rate of interest the maximum extent possible, dwelling '2. Where the credit institution pro­ allowable to the eligible U.S. investor, units designed for housing investment poses to invest all or a portion of the pro­ which rate shall not be less than one- guaranties, regardless of category, con­ ceeds of the U.S. investment in any sub­ half of 1 per centum above the then tain not less than three bedrooms. Un­ division or project, in which the total current rate of interest applicable to der the categories with lower sales price investment exceeds $150,000, then such housing mortgages insured by the De­ ceilings, however, this objective may not project(s) will be subject to prior ap­ partment of Housing and Urban De­ be attainable in many locations. In such proval by A.I.D. in a manner similar to velopment. In no event shall the Admin­ cases, applicants must design dwelling the review process for specific projects. istrator prescribe an allowable rate of units in such a manner as to permit However, where the proceeds are in­ interest which exceeds by more than 1 relatively simple and economical expan­ tended for general relending, then A.IJD. per centum the then current rate of sion to three or more bedrooms, and pro­ will concern itself only with the qualifi­ interest applicable to hoiising mortgages vide for plans detailing the future cations of the institution and the guide­ insured by such Department.” Note that expansion to be furnished to each lines and criteria for such relending, such the rates referred to above are the allow­ homebuyer. as price and construction standards. able (i.e., maximum) rates, and that 8. Joint venture. The application for A.I.D. will not review each loan or group A.I.D. can and has approved rates lower Pilot or demonstration projects must of loans made by the institution, but will than the allowable. propose sponsorship by a bondafide joint retain, of course, the right to audit any 3. The Administrator of A.I.D. fixes the venture between United States and host part of this operation. allowable interest rate within the limits country entities. The application should C. The U.S. investor. 1. Section 223(c) established by the statute. expressly state the division of respon­ of the Foreign Assistance Act of 1961, as 4. The current maximum yield to the sibilities envisioned, stock owership pro­ amended, defines “eligible U.S. Investors” investor permitted under the program posed, and any other information which as follows: will be published by A.I.D. periodically. would help explain how the joint venture (c) the term “eligible U.S. investors” This yield will be adjusted upward or would operate. The U.S. partner must means U.S. citizens, or corporations, partner­ downward periodically pursuant to sec­ have proven experience in comparable ships, or other associations created under the tion 222(c) quoted in paragraph C.2 residential development. Particular at­ laws of the United States or any State or above. . tention in the application should be de­ territory and substantially beneficially 5. The typical investment to date has voted to the exact participation of each owned by U.S. citizens, as well as foreign been made for mortgages having a 20- partner of the joint venture. corporations, partnerships, or other associa­ tions wholly owned by one or more such year amortization period. A.I.D. is now n . General information. An explana­ U.S. citizens, corporations, partnerships, or prepared to consider extending the tion of the terminology used in the Con­ other associations: Provided, That the eligi­ amortization period beyond 20 years for tract of Guaranty and other documents bility of a foreign corporation shall be deter­ lower income projects in order that lower may be helpful to those unfamiliar with mined without regard to any shares, in ag­ income families may be able to share

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 6744 NOTICES in the benefits of the program. A.I.D. A.I.D. of the country in which the project prepared to demonstrate the existence will also consider extensions beyond 20 is located; and of an unserved market in the income years when an investment is guaranteed (iii) Two percent per annum in allgroup for which the project is intended. by the host country government. Sub­ cases for which A.I.D. has no form of 3. A.I.D. will give special considera­ stantial justification will be required to coguaranty. tion to those projects having sales prices support such an extension. c. Devaluation insurance. Unless the below the specified maximum price. 6. The amount of the A.I.D. guarantydevaluation risk is guarantied in a man­ H. Downpayment. A.I.D. policy is to applied for is limited to a maximum of ner acceptable to A.I.D. (such as a host require a minimum of 10 percent of the $3 million per project and a minimum government guaranty) A.I.D. will require sales price to be paid by the homebuyer of $1 million. However, A.I.D. reserves a devaluation insurance fee amounting at the time of closing. This percentage the right to authorize a guaranty in ex­ to 1 percent per annum of the outstand­ may be increased or decreased by A.I.D. cess of or less than the amount of guar­ ing loan investment, payable monthly, as indicated by the need for conformance anty authorization requested and with­ to cover the risk of devaluation. This fee with host country policy and home mort­ out regard to these limitations. is not refundable. gage practice. E. The Administrator (Local Fiduciary d. Reserves and guaranties, (i) A.I.D. I. Community facilities. 1. All applica­ Agent). 1. In most instances, A.I.D. requires that reserves be established to tions for specific projects should care­ secures the services of a financial insti­ cover defaults by individual mortgagors. fully consider the basic needs of a com­ tution in the host country which origi­ These reserves are established through munity over and above that for improved nates and services the mortgages an initial payment by the mortgagor at housing itself. A.I.D. will, therefore, care­ financed by the program. This institu­ the time the mortgages are closed, and fully evaluate the sponsor’s effort to as­ tion, or local fiduciary agent, is known may also include the payment of a fixed sure that education, transportation, rec­ as the administrator. monthly charge, as part of the home reation, shopping, health facilities, and 2. A.I.D. analyzes potential adminis­ purchaser’s monthly payments. other basic community necessities are trators in each country and will select the (ii) A.I.D. will require, wherever ap­ provided. administrator for specific projects under propriate, adjustable mortgage payments 2. A.I.D. will consider inclusion of the the program. by homeowners. Adjustable mortgages cost of desirable community facilities, 3. The administrator must be located are normally based on a formula which such as a school, or a community center within the country and virtually always adjusts the outstanding mortgage bal­ and related facilities, in calculating the in the city in which the project is lo­ ance periodically in accordance with a selling prices of the houses. cated. Individual or cooperative mort­ reliable index which reflects the trend 3. As an essential element in sound gages financed from the proceeds of a of internal costs and prices in a par­ community planning, applications must guarantied investment may not be serv­ ticular country. incorporate proposals governing the use iced by an investor or institution located (iii) A.I.D. may also require, in cer­ of protective covenants and community in the United States. tain situations, a guaranty of repay­ organizations such as a Homeowner’s 4. The competence of the administra­ ment of the investment in U.S. dollars Association to control the uses of and tor is basic to the success of the project by the government of the country in alterations to the dwellings and to own since it has primary responsibility to in­ which the project is located, or as- and operate common facilities where ap­ spect and otherwise supervise the project surance of the repayment of all mort­ propriate, as well as other arrangements from its inception through the servic­ gages in local currency by a host coun­ necessary to maintain the standards of ing of the individual or cooperative try insurer. the community. Such arrangements mortgages until they are completely (iv) The guaranties required and the shall also commit the sponsor or builder repaid. amounts of reserves required will vary to remain responsible for the main­ F. Fees, reserves, and other charges— from country to country. Further in­ tenance and operation of utilities and 1. Fees—a. Application fees— (i) Initial formation will be included in the in­ facilities until such responsibility is fee. Each application must be accom­ dividual announcements and will also legally assumed by another acceptable panied by an initial fee in the amount of be available from the A.I.D. Missions in entity. one thousand dollars ($1,000). This fee the respective countries. Ill .Processing of applications — A. shall be in the form of a certified check e. Inspector’s fee. Each sponsor of an Presubmission stage. 1. The primary con­ payable to the Agency for International approved specific project will normally tact for a potential sponsor is the U.S. Development. It becomes nonrefundable be required to place in escrow with the A.I.D. Mission (“USAID”) situated in the upon acceptance of the application as de­ administrator at the time that the country in which the proposed project is scribed in section A of Part III below. guaranty contracts for the project are located. The sponsor should establish (ii) Acceptance fee. Upon issuance bysigned (and to maintain such escrow that the USAID has no objection to the A.I.D. of a “Letter of Advice” (see par. fund with monthly deposits), an amount submission of the application for the Ill D below) to the applicant in which equal to the sum of three months salary proposed project before developing the the amount of guaranty authorized by for the certifying project inspector. application. USAID will provide the A.I.D. will be stated, along with other These payments will constitute a project sponsor with copies of those announce­ conditions of the authorization, an ac­ charge, which will be incorporated in ments, if any, which set forth those ad­ ceptance fee shall become due and pay­ the sales price of the houses. ditional conditions which apply in the able. This fee shall be in the amount of f. Other charges. There are many vari­ particular country where the project is two dollars ($2.00) per one thousand dol­ ables both within a country and among proposed. lars ($1,000) of the amount of the guar­ countries which can affect the total in­ 2. Mission personnel will be available, anty authorized, and is not refundable. terest rate paid by the individual home to provide general guidance to prospec­ b. A.I.D. guaranty fee. The A.I.D.purchaser. It is therefore suggested that tive applicants. guaranty fee is based upon the unpaid applicants use eleven percent (11%) 3. USAID personnel will review, for principal balance of the guarantied loan interest per annum as the sum of ap­ completeness, those applications submit­ .investment and is payable periodically as plicable charges when estimating the ted before the established deadline, and follows: homeowner’s monthly payments, unless either will advise the applicant in writing (i) One-half of 1 percent per annum more accurate figures are available for that the application is complete or will where repayment of the loan in U.S. dol­ the particular project. indicate what items are lacking. USAID lars has been guarantied by the govern­ G. Establishing sales prices. 1. A.I.D.personnel will finish their review for ment of the country in which the project will evaluate proposed selling prices on completeness as soon as possible after the is located; the basis of estimates submitted by the applications have been submitted. (ii) One percent per annum where applicant and reviewed by or on behalf of 4. For any application to be considered mortgages are insured in local currency A.I.D. t must be submitted by the terminal date. by a government mortgage insurance 2. The sponsor should consult the localAny applicant whose application is found institution, housing agency or other pub­ USAID Mission regarding the appropri­ to be incomplete will be given 15 days lic or private institution acceptable to ate level of sales prices and should be Erom the date of notification of same m

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 NOTICES 6745 which to provide the missing informa­ 6. As in prefeasibility review, the appli­the name of the Washington Fire and tion. If, after this 15-day period, the cant will be expected to have an au­ Marine Insurance Co. was changed to USAID personnel determine the appli­ thorized representative available in the Gulf - Insurance Co. A copy of the Rein­ cation still to be incomplete, it shall then country in which the project is to be surance Agreement is on file in the be rejected in writing and may not be located to provide AXD. representatives Treasury Department, Bureau of Ac­ resubmitted. All applications so rejected with such additional information and counts, Audit Staff, Washington, D.C. by A.I.D. shall be returned to the appli­ clarifications as may be required. 20226. cant together with the submission fee D. Acceptance. After feasibility reviews A Certificate of Authority as an ac­ described in Part II, section F, paragraph are completed, A.I.D. will select the suc­ ceptable surety on Federal bonds has la.(i), above. This is the only condition cessful projects, and issue Letters of been issued by the Secretary of the under which the submission fee will be Advice. Applicants not selected will be Treasury under date of December 31, returned to the applicant. notified in writing. All decisions by A J.D. 1968 to the following company under 5. A copy of the appropriate applica­are final. sections 6 to 13 of title 6 of the United tion forms (A.I.D. Form 1520-8) are IV. A closing note. The success of the States Code. An underwriting limitation available at the various A J.D. offices. program is considered a key element of of $4,746,000 has been established for the B. Prefeasibility review. 1. All appli­ the Alliance for Progress. The staff of the company. cations accepted by A.I.D. pursuant to Division of Housing and Urban Develop­ Name of company, location of principal section A above, will be subjected to ment, Bureau for Latin America, of the executive office, and state in which competitive evaluation in two stages. Agency for International Development, incorporated During the first, or prefeasibility review, and the Missions of the Agency in each Gulf Insurance Company all applications will be reviewed by A.I.D., country will furnish all possible assist­ Dallas, Texas and those projects considered most re­ ance to applicants in order to insure Missouri sponsive to A.I.D.’s objectives will be se­ preparation to the best possible applica­ Certificates of Authority expire on lected for more exhaustive (feasibility) tions and the ultimate development of June 30 each year, unless sooner revoked, studies. A.I.D. expects to complete the the finest and most creative group of and new certificates are issued on July 1, first stage processing within 120 days of projects. For more specific information so long as the companies remain quali­ the final date applications are accepted on any aspects of the program write to: fied 031 CFR Part 223). A list of qualified in a particular country. Applicants shall Housing and Urban Development Division, companies is published annually as of be notified in writing of the disposition Agency for International Development, De­ July 1 in Department Circular 570, with partment of State, Room 2242, Washing­ of their application at this point. ton, D.C. 20523. details as to underwriting limitations, 2. During prefeasibility review, the Stanley Baruch, Director. areas in which licensed to transact fidel­ applicant will be expected ta have an au­ Peter M. Kimm, Deputy Director for Guar­ ity and surety business and other infor­ thorized representative available in the anties and Engineering. mation. Copies of the circular, when country in which the proposed project is [P.R. Doc. 69-4744; Piled, Apr. 21, 1969; issued, may be obtained from the Treas­ located to provide AJ.D. representatives 8:47 a.m.] ury Department, Bureau of Accounts, with such clarifications as may be Audit Staff, Washington, D.C. 20226. requested. In view of the foregoing, no action need C. Feasibility review. 1. All applica­ be taken by bond-approving officers, by tions considered which are not rejected DEPARTMENT OF THE TREASURY reason of the reinsurance and reorga­ as a result of the prefeasibility review nization, with respect to any bond or shall be subject to a second stage or feas­ Fiscal Service other obligation in favor of the United ibility review. This review will include [Dept. Circ. 570,1968 Rev., Supp. No. 14] States, or in which the United States has full local investigations of each project. an interest, direct or Indirect, issued on 2. A.IJD. is able to avail itself of the GULF INSURANCE CO., DALLAS, TEX. or before December 31, 1968, or there­ cumulative skills, experience and per­ AND GULF INSURANCE CO., KAN­ after, by the Gulf Insurance Co., Dallas, sonnel of the Federal Housing Adminis­ SAS CITY, MO. Tex., pursuant to the Certificate of tration (FHA) through FHA’s Interna­ Authority issued to the company by the tional Division which, under contract Termination of Authority To Qualify Secretary of the Treasury. with A.IJD. provides technical and staff as Surety on Federal Bonds and Ac­ Dated: April 16,1969. services to the A.I.D. Housing and Urban ceptable Surety Company on Fed­ Development Division in the administra­ eral Bonds [seal! J ohn K. Carlock, tion of the Housing Investment Guar­ Fiscal Assistant Secretary. anty Program. The FHA will send a team Notice is hereby given that the Cer­ TF.R. Doc. 69-4739; Filed, Apr. 21, 1969; tificate of Authority issued by the 8:47 a.m.] of housing technicians to investigate each Secretary of the Treasury to the Gulf specific project selected for feasibility re­ Insurance Co., Dallas, Tex., a Texas cor­ view. TTie technical judgments of the poration, under sections 6 to 13 of title 6 FHA shall serve as guides for A.I.D. in of the United States Code, to qualify as fulfillment of its housing guaranty an acceptable surety on recognizances, DEPARTMENT OF THE INTERIOR responsibilities. stipulations, bonds, and undertakings re­ National Park Service 3. A.I.D. also has a contractual ar­ quired by the laws of the United States, rangement with the Washington Federal is hereby terminated effective as of 11:59 BADLANDS NATIONAL Savings and Loan Association of Miami p.m., December 31,1968. MONUMENT Beach, Fla., to provide expert advice and Pursuant to a Reinsurance Agreement, Notice of Intention To Negotiate evaluation on applications in the credit approved by the Commissioner of Insur­ institution category. Washington Federal ance of the State of Texas on Decem­ Concession Contract will send a housing finance team to the ber 31, 1968, and the Superintendent of Pursuant to the provisions of section field to investigate credit institution Insurance of the State of Missouri on 5, of the Act of October 9, 1965 (79 Stat. category applications. December 19, 1968, and effective as of 969; 16 U.S.C. 20), public notice is hereby 4. A.I.D. utilizes the services of the 11:59 p.m., December 31, 1968, Washing­ given that thirty (30) days after the date Foundation for Cooperative Housing ton Fire and Marine Insurance Co., Kan­ of publication of this notice, the Depart­ (FCH) for advice concerning cooperative sas City, Mo., a Missouri corporation, ment of the Interior, through the Direc­ housing projects and community facili­ acquired certain assets and assumed all tor of the National Park Service, pro­ ties and organization. of the insurance business and liabilities poses to negotiate a concession contract 5. A.I.D. will make use of the skills of of the Gulf Insurance Co., a Texas cor­ with Mr. E. N. Nelson authorizing him its own personnel and such other con­ poration, which withdrew from the in­ to provide concession facilities and serv­ sultants it considers necessary to In­ surance business and adopted the name ices for the public at the Cedar Pass vestigate and evaluate each project. Gulf Liquidating Co. At the same time, Lodge, Badlands National Monument, for

FEDERAL REGISTER, VOL 34, NO. 76— TUESDAY, APRIL 22, 1969 6746 NOTICES a period of five (5) years from January 1, dates the provisions for the Advisory agency may designate one or more alter­ 1969, through December 31, 1973. Committee on Export Policy and restates nate representatives. The Chairman of The foregoing concessioner has per­ how it shall function in relation to overall the ACEP may- invite other departments formed his obligations under the expired arrangements for carrying out inter­ and agencies to participate in the dis­ contract to the satisfaction of the Na­ agency consultation requirements on ex­ cussions of the ACEP when matters af­ tional Park Service and, therefore, pur­ port controls called for by the Export fecting their interests or on which they suant to the Act cited above, is entitled Control Act of 1949, as amended. may furnish information are under to be given preference in the renewal of Sec. 2. Background. .01 By Execu­ consideration. the contract and in the negotiation of a tive Order 10945 of May 24, 1961 (as .03 The Assistant Secretary of Com­ new contract. However, under the Act continued by Executive Order 11038 of merce for Domestic and International cited above, the Secretary is also required July 23, 1962), the Secretary of Com­ Business (DIB) shall be the Chairman of to consider and evaluate all proposals merce is delegated the President’s power, the ACEP. He may designate a Vice received as a result of this notice. Any authority and discretion to carry out the Chairman to serve in his absence. He proposal to be considered and evaluated provisions of the Export Control Act of shall designate an official under his line must be submitted within thirty (30) 1949, as amended (the “Act”) , (50 U.S.C. of direction to serve as Executive Secre­ days after the publication date of this App. 2021-2032). This Executive order tary of the ACEP, and may establish as superseded a number of previous Execu­ he deems necessary rules governing the notice. procedures and operations of the ACEP Interested parties should contact the tive orders under which the Secretary of Commerce was responsible for carrying and of its subcommittees or working Assistant to the Director for Concessions groups. Management, National Park Service, out provisions of the Act as well as of predecessor Acts. S ec. 4. Functions of the ACEP. In ac­ Washington, D.C. 20240, for information cord with section 4(a) of the Act, the as to the requirements of the proposed .02 Section 4(a) of the Act requires that the department or agency making ACEP shall inform and advise the Secre­ contract. certain determinations with respect to tary with respect to his determining Dated: April 15,1969. exports authorized by the Act shall seek what shall be controlled under the Act and the extent to which exports shall be Edward A. Hummel, advice and information from other de­ Associate Director, partments or agencies, concerned. For this limited. More specifically, the ACEP shall National Park Service. purpose, the Secretary on October 5,1950, review and recommend: M through the issuance of: Department a. U.S. export control policy objectives; [F.R. Doc. 69-4722 Filed, Apr. 21, 1969; Order 125, established the Advisory b. Export policies and programs relat­ 8:45 a.m.J Committee on Export Policy (ACEP). ing to the foreign policy, national secu­ The ACEP replaced a previous structure rity and welfare of the United States; for interagency coordination on export c. Export control licensing policies, control matters. criteria and rating structures, and the DEPARTMENT OF AGRICULTURE .03 In Executive Order 10945, - the listing and delisting of commodities and technical data to be designated and con­ Federal Crop Insurance Corporation President also established the Export Control Review Board (ECRB), consist­ trolled for export from the United States; MANAGER ing of thç Secretaries of Defense, State, d. Export policies and programs af­ and Commerce, with the last serving as fecting particular foreign countries or Notice of Basic Compensation Chairman. The ECRB was established areas or otherwise relating to foreign Pursuant to the provisions of 5 U.S.C. for the purpose of assuring the highest policy and the fulfillment of U.S. inter­ 5364, notice is hereby given that the basic level of consideration of trade control national responsibilities; * compensation for the position of Man­ policies and actions, and, to the extent e/ Export policies and programs for ager of the Federal Crop Insurance Cor­ possible, of obtaining agreed upon action materials in short supply; and poration, U.S. Department of Agricul­ on the part of departments most vitally f. Actions on other significant policy ture, has been adjusted to $30,239 per concerned with advising and counseling problems, including particular export annum, effective February 23, 1969. the Department of Commerce under pro­ transactions, and matters on which the The salary paid to the Manager of the visions of the Act. The ECRB chiefly Assistant Secretary for DIB may seek Federal Crop Insurance Corporation has functions as a review body whereby prob­ information and advice. been established at the équivalant of lems, on which divergent views remain S ec. 5. Working structure of the grade GS-18. In the future the Manager’s after consideration through the ACEP ACEP. .01 The ACEP shall continue to salary will be adjusted to coincide with structure, may be considered and resolved have a subcommittee, called the Operat­ the salary paid employees in grade GS- at the Cabinet level. ing Committee (OC), which shall serve as 18 without further public notice. S ec. 3. The Advisory Committee on Ex­ the mechanism for initial interagency port Policy. .01 The Advisory Commit­ consideration of export matters within Done at Washington, D.C., this 16th tee on Export Policy (ACEP) is hereby the purview of the ACEP. day of April 1969. continued. .02 The OC shall consist of a senior Clifford M. H ardin, .02 The following departments and official from each of the member depart­ Secretary of Agriculture. agencies, together with the Department ments and agencies of the ACEP, as des­ [F.R , Doc. 69-4731; Filed, Apr. 21, 1969; of Commerce, constitute the membership ignated by their respective ACEP repre­ 8:46 a.m.] of the ACEP, each having designated a sentative. One or more alternate repre­ representative of the rank of Assistant sentatives may be similarly designated Secretary or equivalent on the ACEP by each ACEP representative. upon the invitation of the Secretary of .03 The Executive Secretary of ACEP DEPARTMENT OF COMMERCE Commerce: shall serve as Chairman of the OC, but Department of State. not as the Department of Commerce Office of the Secretary Department of Defense. representative to the OC. [Dept. Order 125] Department of Agriculture. — S ec. 6. Interagency consultation pro­ Department of Interior. cedures. 01 Matters within the scope of INTERAGENCY COMMITTEE CON­ Department of Treasury. the ACEP’s review and advisory functions SULTATION ON EXPORT CONTROLS Department of Transportation. normally shall be initially referred to its Organization and Functions Atomic Energy Commission. OC for consideration on behalf of the National Aeronautics and Space Adminis­ ACEP, but at the election of any member The following order was issued by the tration. of ACEP or the ECRB, any such matter Secretary of Commerce on April 9, 1969. Office of Emergency Preparedness. may be initially considered directly by This material supersedes the material Central Intelligence Agency. the ACEP proper or by the ECRB. appearing at 20 F.R. 5269 of July 22,1955. In addition to its designated representa­ .02 The OC Chairman shall report to Section 1. Purpose. This revision up­ tive, each member department and the Assistant Secretary for DIB the in-

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 NOTICES 6747 formation and advice of the OC repre­ all of which are available for public in­ sentatives on each matter considered in DEPARTMENT OF HEALTH, EDU­ spection at the Commission’s Public the OC, except where the OC Chairman Document Room, 1717 H Street NW., is otherwise authorized or directed by the CATION, AND WELFARE Washington, D.C. Copies of Item 2 above Assistant Secretary for DIB to follow may be obtained at the Commission’s other procedures. This shall include the food and Drug Administration Public Document Room or upon request Chairman's recommendation thereon, addressed to the Atomic Energy Com­ and the concurrences and objections, if CHEMAGRO CORP. mission, Washington, D.C. 20545, Atten­ any, of the representatives with respect Notice of Filing of Petition Regarding tion: Director, Division of Reactor to the Chairman’s recommendation. Pesticide Chemicals Licensing. a. If there is no objection to the OC Dated at Bethesda, Md., this 11th day Chairman’s recommendation, the As­ Correction of April 1969. sistant Secretary for DIB shall take steps In F.R. Doc. 69-4404 appearing at page to implement the recommended action or, 6546 in the issue of Wednesday, April 16, For the Atomic Energy Commission. if he disagrees with it, refer the matter 1969, the second paragraph should read F rank Schroeder, back to the OC for reconsideration or to as follows: Acting Director, the ACEP proper for consideration. The analytical method proposed in the Division of Reactor Licensing. b. If the OC Chairman’s recommenda­ petition for determining residues of the [License No. DPR-4, Arndt. 5] tion on a matter is objected to by an insecticide is that of D. B. Katague and The Atomic Energy Commission has found OC representative, the Assistant Secre­ C. A. Anderson published in “Journal of that: tary for DIB shall refer the matter to the Agricultural and Pood Chemistry,” vol. 1. The application for amendment dated ACEP proper for further consideration, 14, pages 505-508 (1966). March 19, 1969, and revision dated April 1, unless he believes further consideration 1969, comply with the requirements of the by the OC may be desirable or direct Atomic Energy Act of 1954, as amended, and referral by the Secretary to the ECRB the Commission’s regulations set forth in Title 10, Chapter I, CPR; is indicated. ATOMIC ENERGY COMMISSION 2. The loading of the reactor with Core .03 On any matter reviewed by the [Docket No. 50-146] m fuel will not be inimical to the common ACEP proper, the Assistant Secretary defense and security or to the health and for DIB as its Chairman shall report to SAXTON NUCLEAR EXPERIMENTAL safety of the public; and the Secretary of Commerce the informa­ CORP. 3. Prior public notice of proposed issuance tion and advice of the ACEP representa­ of this amendment is not required, since the tives, together with his recommendation Notice of Issuance of Amendment to amendment does not involve significant Operating License hazards considerations different from those thereon, and the concurrences and objec­ previously evaluated. tions, if any, of the representatives with The Atomic Energy Commission has Accordingly, in addition to other activities respect to his recommendation. issued, effective as of the date of issu­ authorized by this license, as amended, the a. If there is no objection to the ACEPance, Amendment No. 5, set forth below, licensee is authorized to load fuel of revised Chairman’s recommendation, the Secre­ to Operating License No. DPR-4. This design (designated as Core III) into the tary will, if he is in agreement, authorize reactor in accordance with the application license applies to the demonstration for amendment dated March 19, 1969, and and approve the taking of recommended power reactor owned by the Saxton Nu­ revision dated April 1, 1969, but not to action by the Department of Commerce. clear Experimental Corp. which is lo­ operate the reactor with this new fuel. If the Secretary disagrees with the pro­ cated near the Borough of Saxton in The Technical Specifications of License No. posed action he normally will refer the Liberty Township, Bedford County, Pa. DPR-4 are revised by adding a new para­ matter back to the ACEP for reconsidera­ The amendment authorizes the loading graph to section 3.B. as follows: tion or direct to the ECRB. only of the main components of Core III “The above Technical Specifications are into the reactor. Saxton has made appli­ hereby changed by Attachment A appended to. If the ACEP Chairman’s recom­ cation, dated August 27, 1968, with sup­ heretô (designated as Change No. 32)* effec­ mendation on a matter is objected to by plements dated August 30, 1968, and tive with the loading of the new fuel desig­ an ACEP representative, the Secretary nated as Core III into the reactor.” March 12, 1969, for an amendment to This amendment is effective as of the date normally will refer the matter back to operate the reactor at power levels up of issuance. to 28 mw. t. with Core III; however, the the ACEP for further consideration in Date of issuance: April 11,1969. light of his own views on the subject or Commission has not completed its review For the Atomic Energy Commission. submit it to the ECRB for resolution of of this request. Within fifteen (15) days from the date P eter A. M orris, the disagreement. of publication of this notice in the F ed­ Director, .04 The advisory position of each OC eral R egister, the applicant may file a Division of Reactor Licensing. representative and of each ACEP repre­ request for a hearing, and any person [F.R. Doc. 69-4717; Filed, Apr. 21, 1969; sentative concerned with the subject whose interest may be affected by the 8:45 a.m.] matter shall be recorded on all sub­ issuance of this amendment may file a stantive matters considered by each petition for leave to intervene. A request for a hearing and petitions to intervene group. shall be filed in accordance with the pro­ .05 The Assistant Secretary for DIB CIVIL AERONAUTICS BOARD visions of the Commission’s rules of prac­ [Docket No. 20909] may assign to a Deputy Assistant Secre­ tice, 10 CFR Part 2. If a request for a tary under him the responsibility for hearing or a petition for leave to inter­ COMPAGNIE NATIONALE AIR reviewing and the authority for acting vene is filed within the time prescribed FRANCE in this notice, a notice of hearing or an on recommendations of the OC Chair­ Notice of Prehearing Conference and man as set forth in paragraph 6.02 above. appropriate order will be issued. For further details with respect to this Hearing Effective date: April 9,1969. amendment, see (l) the application to Notice is hereby given that a prehear­ load Core III dated March 19, 1969, and Larry A. J obe, ing conference in the above-entitled Assistant Secretary revision dated April 1,1969, (2) a related for Administration. Safety Evaluation prepared by the Di­ 1 This item was not filed with the Office of vision of Reactor Licensing, and (3) At­ the Federal Register but is available for in­ [PR. Doc. 09-4718; Plied, Apr. 21, 1969; tachment A to Amendmment No. 5 spection in the Publie Document Room of 8:45 am.] containing the technical specifications, the Atomic Energy Commission.

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 No. 76---- 4 6748 NOTICES matter is assigned to be held on April 25, such equipment. The use of nonconform­ Appen d ix 1969, at 10 ajn., e.s.t. in Room 805, Uni­ ing but presently type accepted equip­ TRANSMITTERS FOR WHICH TYPE ACCEPTANCE versal Building, 1825 Connecticut Avenue ment, under license granted prior to AND LISTING IN THE RADIO EQUIPMENT LIST NW„ Washington, D.C., before Examiner March 1, 1969, is permitted through De­ ARE WITHDRAWN EFFECTIVE JANUARY 1, 1971, John E. Paulk. cember 31, 1970, for certain equipment FOR PART 81 AND JANUARY 1, 1974, FOR PART Notice is further given that the hear­ under Part 81 and through December 31, 83 OF THE COMMISSION’S RULES AND REGULA­ ing may be held immediately following 1973, for certain equipment under Parts TIONS, UNLESS OTHERWISE NOTED conclusion of the prehearing conference 81 and 83, pursuant to the provisions set unless at or prior to the conference a forth in the above-mentioned rules. Aeronautical iCTRONics, I n c . person objects or shows reason for fur­ The Commission has completed a re­ 60T1 6W15/SLT-EB ther postponement. view of its Radio Equipment List to de­ 6AT15-M 6W3 termine which of the listed transmitter 6AT25-M 6W35/SLT Dated at Washington, D.C., April 17, types do not comply with the technical 6TJL 6W35/SLT-B 1969. standards which become mandatory 6W10 6W60 6W100 6W60/SLTA [seal] T homas L. W renn, January 1,1971, and January 1,1974, for 6W100/SLTA 6W85 Chief Examiner. equipment used in the 156-162 Mc/s 6W15 6W85/SLTA JF.R. Doc. 69-4742; Filed, Apr. 21, 1969; band under Parts 81 and 83. The techni­ 6W15/SLT 6WB10 8:47 a.m.] cal requirements for such equipment are 6W15/SLT-E set forth in Subpart E of Parts 81 and 83. On the basis of the information sub­ Aircraft R adio Corp. [Docket No. 19956] mitted by manufacturers and reflected 7001UFMVZ-P 7020UFMVZ-T in the Radio Equipment List, the trans­ 7001UFXVZ-P 7020UFXVZ-D TRANSPORTES AEREOS NACIONALES, mitter types listed in the attached ap­ 7010UFMVZ-D 7020UFXVZ—T S.A. pendix are not considered capable of 7010UFMVZ—DL 7025UFMVZ-F complying with those standards. This 7010UFMVZ—MC 7025UFMVZ-T Notice of Further Postponment of being the case, type acceptance and list­ 7010UFMVZ-P 7025UFXVZ-F Prehearing Conference 7010UFMVZ—T 7025UFXVZ-T ings in the Radio Equipment List will be 7010UFXVZ-D 7060UFMVZ-F Notice is hereby given that the pre- withdrawn for transmitters under Part 7010UFXVZ—DL 7060UFXVZ-F hearing conference in the above-entitled 81 on January 1, 1971, or January 1, 7010UFXVZ-MC 8207UFMVZ-T matter now assigned to be held on April 1974, as indicated, and for transmitters 7010UFXVZ-P 8207UFXVZ-T 23, 1969, is hereby postponed to April 25, under Part 83 effective January 1, 1974. 7010UFXVZ-T 8306UFXNZ 1969, at 10 a.m., e.s.t., in Room 726, Licensees under Parts 81 and 83 are 7020UFMVZ-D not authorized to utilize the transmitters Universal Building, 1825 Connecticut Applied Electronics Co . Avenue NW., Washington, D.C., before listed in the appendix attached to this the undersigned examiner. notice on or after the effective with­ AF-35M AF-35MA AF-36MB2 drawal date. Dated at Washington, D.C., April 17, Any manufacturer or licensee, having B endix Corp. or B endix Aviation Corp. 1969. equipment shown on the list attached to I2TS-3 MT-142B-1 [seal] E dward T. Stodola, this notice which he believes to be ca­ 12TS—4 MT-142D-1 Hearing Examiner. pable of compliance with all pertinent re­ 13TS-3 MT-142E-1 13TS—4 SKIPPER 925 [F.R. Doc. 69-4817; Filed, Apr. 21, 1969; quirements without modification, may 8:48 a m.] submit to the Commission measurement Canadian G eneral Electric Co ., Ltd. data taken in accordance with type ac­ ceptance procedures set forth in Subpart ETC -21-A ETC-48 A F of Part 2 of the Commission’s rules, Canadian M arconi Co. accompanied by a request for continued FEDERAI COMMUNICATIONS listing in the Radio Equipment L’st. Such 165-475/17 189-611/17 189-520/6/7/10 DN30-TBM measurement data should show the 189-520/6/7/10/29 DN30-TCM COMMISSION capabilities of the equipment with re­ 189-520/6/8/10 , DN32-TBM [FCC 69-379] spect to the technical standards in Sub­ 189-520/6/8/10/29 DN32-TCM part E of Part 81 or Part 83, as 189-610/17 RADIO EQUIPMENT LIST appropriate. Communications Co., I n c . Type Acceptance and Listing With­ Persons desiring to modify equipment for compliance with the standards may 450-2T-FG 592—M drawn for Certain Transmitters submit requests for type acceptance of 582—T 592—T April 17,-1969. the modified transmitters in accordance 582—T—10 592-T-10 The Part 81 .and 83 listings for 391 with the type acceptance procedure set Communications Co ., I n c . transmitters (of 37 manufacturers) forth in Subpart F of Part 2 of the Com­ mission’s rules. 6261 800 which do not comply with the narrow 626—AC1 802 band technical standards for operation A requirement for the capability to 649—RMT-M 1 802-4 in the 156-162 Mc/s band will be deleted measure the carrier power for transmit­ 682—M 930W from the Radio Equipment List on the ters having ratings greater than 200 682—T 937W watts input or 100 watts output was es­ dates indicated in the attached lists. In F airchild Camera and addition, type acceptance for four com­ tablished by Docket 17720 for transmit­ D u m o n t D iv is io n of ters operating under Parts 81, 83, and 85. I n stru m en t Corp. or Du m o n t Allen B posite transmitters will be withdrawn as Labs, I n c . of January 1, 1974. "All such transmitters will be required to be fitted with instruments necessary to M—810—AC M—875—A New “narrow band” technical stand­ MCA-875-A ards for operation in the 156-162 Mc/s determine the carrier power by Janu­ M-810F band under Parts 81 and 83 of the rules ary 1, 1974. The transmitters affected by Du m o n t D iv isio n of G onset and regulations were established by the this requirement are so noted in the Commission in Docket 17295, FCC 68- attached list. HH300 M-876-A 740, 33 F.R. 10849, July 31, 1968. This Action by the Commission April 16, M-875-A .action established the requirement for 1969. Commissioners Hyde (Chairman), Du m o n t D iv isio n of L ing Altec, In c . installation and the characteristics of an 'Bartley, Robert E. Lee, Cox, Wadsworth, audio, low-pass filter to be used in equip­ Johnson, and H. Rex Lee. HH30OH ment operating in thç 156-162 Mc/s band ' F ederal Communications E lectrogarde, I n c . under Parts 81 and 83 of the Commis­ Commission, TRP-12 sion’s rules. In addition, it established [seal] B en F. Waple, more stingent frequency tolerances for Secretary. See footnotes at end of table. FEDERAL REGISTER, VOL, 34, NO. 76— TUESDAY, APRIL 22, 1969 NOTICES 6749

F arinon E lectric Co. M otorola Aviation E lectronics, CT2-30HM CT2—60F1 I n c . CT2-30JM CT2-60GM MB 150 MB150A—150W—1 3 CT2-30KM CT-5C-A MB150-150W-l 3 MB150A—250W—1 3 CC3002 CC3050C CT2-350B 3 ET—3030 MB150—250W-1 3 . MB150A—50W-1 CC3003 CC3051 CT2-350CM 8 ET—8054—M MB150—36F3-150W 3 MB150M—150W—1 3 CC3005 3 CC3051C CT2-60B—M ET—8058 MB150—36F3—250W 3 MB 150M—250W—1 * CC3006 CC3052 CT2-60D ET—8058M MB150—36F3—50W MB150M—50W—1 CC3007 CC3053 MB150—50W—1 CC3008 CC3056 R adio S pecialty Manufacturing Co. CC3009 CC3056C F ederal Sig n & Signal CC301 CC3057 1178-111-1 1178-111-2 HVP-7 HVP-7A CC3012 CC3057C R ay th eo n Co. or R a y theon Manufacturing CC3019 CC305C Co. F ish e r R esearch Laboratory, I n c . CC302 CC306 CC3020 CC3063 RAY—124ME28 RAY--40A F-150 F-150/12A GC3024 CC3063C RAY-40 RAY-42VHFB2 G eneral E lectric Co. CC3025 CC3064 3 R epco, I n c . CC3026 • CC3064C 3 ES-12—C ET—37—D CC3027 CC30653 BB—1001—1 BB—3004 ES-20-A ET—42—A CC3028 CC3065C 3 BB—3002 ES-25—C ET—48—A CC3029B 3 CC3067 S eatron, I n c . ES-25—C/GE—1 ET—50—A CC303 CC3067C ET-l-C ET—50—B CC3032 CC3068 MARK 1 MARK 1A ET-l-E ET—52—A CC3033 CC3068C ET-1—E/LC—1 ET—52—B CC3033A CC3069 S im pso n E lectronics ET-l-E/LC—2 ET—57—B CC3033B CC307 FM-25 2 VHF—50 ET—20—A ET—58—B 3 CC3034 3 CC3070 FM—3 2 ET-20—A-5 ET—62—B CC3034A 3 CC3071 ET-21-A ET—70—B CC3034B 3 CC3072 Standard E lectric A/S ET-21-A-5 ET—74—B CC3035 CC3073 CCU9540 ET-21-C ET—74—D CC3035B CC3073C S ymetrics E n g ineering Corp. ET-26—A 3 ET-83-B 3 CC3035C CC3074 3 ET—87—B TCM225A TPM225A ET-29-A CC3037 CC3074A 3 TCM230A TPM230A ET-32-B ET—9—A CC3037C CC3074C 3 EU—1—A TCM235A TPM235A ET-32-D CC3038 CC3078 TPM220A ET-33-B EU—1—A/EC—14—A CC3038A CC3078C ET-33-D EU—1—B CC3038B CC308 W estinghouse E lectric Corp. ET-34—B EU—2—A CC3038C CC3085 ET-34-D EU—2—B CC3039 CC3086 FE FE-1 ET-37-B MS-54-A CC3039A CC3087 1 Type acceptance under Parts 81 and 83 to CC3039B CC3088 3 be withdrawn effective Jan. 1, 1974. Hammarlttnd Manufacturing Co ., I n c . CC3039C CC3089 2 Type acceptance to be withdrawn under FM50AW HFM-30 TM—1 CC3040 3 CC3090 Part 81 only, effective Jan. 1, 1974. CC3040A 3 HFM-30-1 HFM—30 TM-4 CC3091 3 Persons desiring to modify this trans­ HFM—30—4 CC3Ö40B 3 CC3092 3 CC3040C 3 mitter for compliance with the new technical CC3093 3 requirements adopted in Docket No. 17295 H artman Marine Electronics Corp. CC3042 3 CC311 CC3042C 3 CC350 should note also that it is not equipped with HURRICANE VHF RM—1500 CC3043 CC3500 instruments necessary to determine carrier RB-1500 CC3043C CC3501 power which will be required after Jan. 1, CC3044 CC3504 1974, pursuant to section 81.110(b). I nland Communications, I n c . CC3044B CC3508 COMPOSITE TRANSMITTERS (NOT IN R^VDIO S12 S18 CC3044C CC3509 EQUIPMENT LIST) FOR WHICH TYPE ACCEPT­ S12M S18R CC3045 CC3510 ANCE UNDER PARTS 81 AND 83 OF THE COM­ S12MM S2MB CC3045C CC3511 MISSION’S RULES IS WITHDRAWN AS OF S12MM15 S2MB15 CC3046 CC3512 JANUARY 1, 1974 S12MM25 S2MB25 CC3046C CC3514A S12MR S3—10 CC3049 CC3515 Bronx Towing Lines, Inc. c/o Cohn and S12R S3-10M CC3049C CC3517A Marks, Cafritz Building, Washington, D.C. Sl-5 CC305 3 CC3520 20006. CC3050 Motorola CC3012 Modified. I n t . T el . & Te l . Corp. Outercom E lectronics C orp. Central Wharf Towboat Co., Inc., 72 Com­ MT-600—06—00—WB mercial Street, Portland, Maine 04103. FM15B MINI-MOD Type No. 295A—AW. J efferson R ay D iv .-J etronic I n c . FM50AW P earce-S im p s o n , I n c . Interstate Oil Transport Co., 214 Transporta­ 6100 MRT-50 tion Center, 6 Penn Center Plaza, Philadel­ phia, Pa. 19103. KAAR E lectronics Corp.—See KAAR P ye Corporation of America Type No. 1. E n g in eerin g Co. PTC3832UN PTC-8202UN clipper 1 DP-14 PTC—8202U PTC-8302UN Pilots’ Association for the Bay and River CLIPPER 2 DP15 Delaware, 214 South 11th Street, Philadel­ DJ30WB DP16 R . F. Communications phia, Pa. 19107. DJ95WB DT34WB RF-401—15 Type No. 1. DJ96WB [F.R. Doc. 69-4740; Filed, Apr. 21, 1969; R adio Corp. of America 8:47 a.m.] Konel P roducts, K onel Corp. or K önigsberg CMC—10 A CRM—P19A—100 Electronics, I n c . CMC—10A2 CRM-P19B—60 KR-23VB 2 KR-53VA CMC—10B/H CRM—P19C—40 KR-23VN2 KR—53VB 2 CPCJ1-1-TQA CRM—P20A-15 KR-33V KR-53VN 2 CRM—P15A—100 CSC-60A FEDERAL RESERVE SYSTEM KR-33VB 2 KR-63V CRM—P15B—60 CSC-60A1 KR-33VN 2 KR-63VB 2 CRM—P15C—40 CT-12A MARINE CORP. KR—53V KR-63VN 2 CRM—P17A—100 CT-12A1 CRM—P17B—60 CT2—100BLM Notice of Application for Approval Mackay R adio & T elegraph Co. CRM—P17C-40 CT2-2A of Acquisition of Shares of Bank 219A 221A CCU9540 CRM—P18 A—100 CT2-30BL-M CRM—P18B-60 CT2-30E Notice is hereby given that application See footnotes at end of table. CRM-P18C—40 CT2-30G has been made to the Board of Governors

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 6750 NOTICES Sta'tes of cotton textiles in Cattegory 26 gory 26 (other than duck)1 produced or man­ of the Federal Reserve System pursuant ufactured in Czechoslovakia, in excess of a to section 3 (a) of the Bank Holding Com­ (other than duck), produced or manu­ level of restraint for the period of 320,000 pany Act of 1956 (12 U.S.C. 1842(a)), by factured in Czechoslovakia. In that re­ square yards. The Marine Corp., which is a bank hold­ quest the U.S. Government indicated a In carrying out this directive, entries of ing company located in Milwaukee, Wis., specific level at which it considered that cotton textiles in Category 26 (other than for the prior approval of the Board of exports in this category from Czecho­ duck), produced or manufactured in Czecho­ the acquisition by Applicant of 80 percent slovakia should be restrained. Following slovakia and exported to the United States consultations, the U.S. Government in from Czechoslovakia prior to April 15, 1969, or more of the voting shares of The First shall not be charged against the level set State Bank, West Bend, Wis. furtherance of the objectives of, and forth in the first paragraph of this directive Section 3(c) of the Act provides that under the terms of, the Long-Term Ar­ unless you are specifically requested to do so the Board shall not approve (1) any rangement Regarding International by letter from the Chairman of the Inter­ acquisition or merger or consolidation Trade in Cotton Textiles done at Geneva agency Textile Administrative Committee. under this section which would result in on February 9, 1962, including Article 3, A detailed description of Category 26 (other a monopoly, or which would be in fur­ paragraph 3, and Article 6(c) which re­ than duck), in terms of T.S.U.S.A. numbers, lates to nonparticipants, is establishing a was published in the F ederal R egister on therance of any combination or conspir­ Jajauary 17, 1968 (33 F.R. 582), and amend­ acy to monopolize or to attempt to mo­ restraint at the level of 320,000 square ments thereto on March 15, 1968 (33 F.R. nopolize the business of banking in any yards for the 12-month period beginning 4600). part of the United States, or (2) any April 15, 1969, and extending through In carrying out the above directions, entry other proposed acquisition or merger or April 14, 1970. Cotton textiles in Cate­ into the United States for consumption shall consolidation under this section whose gory 26 (other than duck), produced or be construed to include entry for consump­ effect in any section of the country may manufactured in Czechoslovakia and ex­ tion into the Commonwealth of Puerto Rico. ported to the United States during the The actions taken with respect to the Gov­ be substantially to lessen competition, or ernment of Czechoslovakia and with respect to tend to create a monopoly, or which in period of December 23, 1968, through to imports of cotton textiles and cotton tex­ any other manner would be in restraint April 14,1969, will not be charged against tile products from Czechoslovakia have been of trade, unless it finds that the anti­ the above level of restraint except to the determined, by the President’s Cabinet Tex­ competitive effects of the proposed trans­ tile Advisory Committee to involve foreign action are clearly outweighed in the pub­ extent that exports during that period affairs functions of the United States. There­ lic interest by the probable effect of the exceed 800,000 square yards, in which fore, the directions to the Commissioner of case the excess will be charged against Customs, being necessary to the implementa­ transaction in meeting the convenience tion of such actions, fall within the foreign and needs of the community to be served; the designated level of 320,000 square affairs exception to the notice provisions of Section 3(c) further provides that, in yards. Notice of any such charge will be 5 UJ3.C. 553 (Supp. II, 1965-66). This letter every case, the Board shall take into con­ made to the Commissioner of Customs by will be published In the F ederal R egister. Sincerely, sideration the financial and managerial letter from the Chairman of the Inter­ Rocco .C. Siciliano, resources and future prospects of the agency Textile Administrative Commit­ Secretary of Commerce, Chairman, company or companies and the banks tee. This restraint action does not apply President’s Cabinet, Textile 1 Ad­ concerned,, and the convenience and to cotton textiles in Category 26 (other visory Committee, than duck), produced or manufactured [F.R. Doc. 69-4735; Filed, Apr. 21, 1969; needs of the community to be served. . 8:46 a.m.] Not later than thirty (30) days after in Czechoslovakia and exported to the the publication of this notice in the F ed­ United States prior to December 23,1968. eral R egister, comments and views re­ There is published below a letter of garding the proposed acquisition may be April 17, 1969, from the Chairman of the SECURITIES AND EXCHANGE filed with the Board. Communications President’s Cabinet Textile Advisory should be addressed to the Secretary, Committee to the Commissioner of Cus­ COMMISSION Board of Governors of the Federal Re­ toms, directing that the amount of cotton CRESTLINE URANIUM & MINING CO. serve System, Washington, D.C. 20551. textiles in Category 26 (other than Order Suspending Trading The application may be inspected at the duck), -produced or manufactured in office of the Board of Governors or the Czechoslovakia which may be entered or April 16,1969. It appearing to the Securities and Ex­ Federal Reserve Bank of Chicago. withdrawn from warehouse for consump­ change Commission that the summary Dated at Washington, D.C., this 16th tion in the United States for the above suspension of trading in the common day of April 1969. period be limited to the designated level. stock of Crestline Uranium & Mining By order of the Board of Governors. Stanley Nehmer, Co., Denver, Colo., being traded otherwise Chairman, Interagency Textile than on a national securities exchange [seal] R obert P. F orrestal, Administrative Committee, is required in the public interest and for Assistant Secretary. and Deputy Assistant Secre­ the protection of investors; [P.R. Doc. 69-4743; Filed, Apr. 21, 1969; tary for Resources. It is ordered, Pursuant to section 15(c) 8:47 a.m.] (5) of the Securities Exchange Act of T h e S ecretary of Commerce 1934, that trading in such securities president's cabinet textile otherwise than on a national securities ADVISORY COMMITTEE exchange be summarily suspended, this Commissioner of Cu stom s, order to be effective for the period INTERAGENCY TEXTILE Department of the Treasury, April 17, 1969, through April 23, 1969, ADMINISTRATIVE COMMITTEE Washington, D.C. 20226. both dates inclusive. April 17,1969. By the Commission. CERTAIN COTTON TEXTILES PRO­ D ear Mr. Commissioner : Under the terms [seal] Orval L. DuBois, of the Long-Term Arrangement Regarding Secretary. DUCED OR MANUFACTURED IN International Trade in Cotton Textiles done CZECHOSLOVAKIA at Geneva on February 9, 1962, including Ar­ [F.R. Doc. 69-4724; Filed, Apr. 21, .1969; ticle 6(c) thereof relating to nonparticipants, 8:45 a.m.] Entry and Withdrawal From Ware­ and in accordance with the procedures out­ house for Consumption lined in Executive Order 11052 of Septem­ »The T.S.U.S.A. Nos. for duck fabric not ber 28, 1962, as amended by Executive Order covered by this directive are : April 17, 1969. 11214 of April 7, 1965, you are directed to 320. __01 through 04, 06, 08 On December 23, 1968, the U.S. Gov­ prohibit, effective April 15, 1969, and for the 321. _01 through 04, 06, 08 12-month period extending through April 14, 322. _01 through 04, 06, 08 ernment requested the Government of 1970, entry into the United States for con­ 326._01 through 04, 06, 08 Czechoslovakia to enter into consulta­ sumption and withdrawal from warehouse 327.,_01 through 04, 06, 08 tions concerning exports to the United for consumption of cotton textiles in Cate­ 328._01 through 04, 06,08.

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 NOTICES 6751

ELECTROGEN INDUSTRIES, INC. B. Development Company Assistance. section 120.2(e) of SBA Loan Policy * * * * * Regulations. Order Suspending Trading 4. To execute sections 501 and 502 * * * * * April 16,1969. loan authorizations for Central Office F. Chiefs, Financial Assistance Divi­ Electrogen Industries, Inc., formerly and area approved loans and for loans sion (and Assistant Chiefs, if assigned). Jodmar Industries, Inc., may be known as approved under delegated authority, said * * * • * American Lima Corp. execution to read, as follows: 2. Eligibility determinations for finan­ It appearing to the Securities and Ex­ (Name), Administrator, cial assistance only. To determine eligi­ change Commission that the summary By: ------bility of applicants for assistance under suspension of trading in the common Regional Director. any program of the Agency, except the stock and ail securities of Electrogen In­ (City) SBIC and Development Company Assist­ dustries, Inc., being traded otherwise 5. To cancel, reinstate, modify, and ance Programs, in accordance with Small than on a national securities exchange is amend authorizations for sections 501 Business Administration standards and required in the public interest and for and 502 loans. policies. No authority is hereby delegated the protection of investors; 6. To take all necessary actions in con­ to declare the nonapplicability of eligi­ It is ordered, Pursuant to section 15(c) nection with the administration, servic­ bility limitations to a community emer­ (5) > of the Securities Exchange Act of ing, and collection; and to do and per­ gency as set forth in section 120.2(e) of 1934, that trading in such securities form and to assent to the doing and per­ SBA Loan Policy Regulations. otherwise than on a national securities formance of, all and every act and thing * * * * * exchange be summarily suspended, this requisite and proper to effectuate the G. Supervisory Loan Officer and/or. order to be effective for the period granted powers, including without limit­ Assistance Team Leader. April 17, 1969, through April 26, 1969, ing the generality of the foregoing. both dates inclusive. a. The assignment, endorsement, ♦ * * * * transfer and delivery (but in all cases 12. Eligibility determinations for fi­ By the Commission. without representation, recourse or war­ nancial assistance only. To determine [seal] Orval L. DuBois, ranty) of notes, claims, bonds, deben­ eligibility of applicants for assistance un­ Secretary. tures, mortgages, deeds of trust, con­ der any program of the Agency, except [F.R. Doc. 69-4725; Piled, Apr. 21, 1969; tracts, patents and applications therefor, the SBIC and Development Company As­ 8:45 a.m .] licenses, certificates of stock and de­ sistance Programs, in accordance with posit, and any other liens, powers, rights, Small Business Administration stand­ charges on and interest in or to property ards and policies. No authority is hereby of any kind, legal and equitable, now or delegated to declare the nonapplicability hereafter held by the Small Business of eligibility limitations to a community SMALL BUSINESS Administration or its Administrator. emergency as set forth in section 120.2(e) ADMINISTRATION b. The execution and delivery of as­ of SBA Loan Policy Regulations. signments, subordinations, releases (in ***** [Delegation of Authority No. 30 (Pacific whole or part) of liens, satisfaction Coastal Area), Rev. 1 Amdt. 2] 4. Revising Items II.I. 3 and 4, and pieces, affidavits, proofs of claim in adding thereto a new Item II.I.5, to read AREA COORDINATORS ET AL. bankruptcy or other estates and such as follows: other instruments in writing as may be II. Regional Directors. Delegation of Authority To Conduct appropriate and necessary to effectuate Program Activities in the Pacific the foregoing. * * ' * * * Coastal Area c. The approval of bank applications I. Chief, Development Company As­ for use of liquidity privilege under the sistance Division. Pursuant to the authority delegated to loan guaranty plan. ***** the Area Administrators by Delegation d. Except: (1) To compromise or sell of Authority No. 30 (Revision 12) (32 3. To execute sections 501 and 502 loan any primary, obligation or other evidence authorizations for Central Office, area, P.R. 179), as amended (3frF.R. 8113, 33 of indebtedness owed to the Agency for P.R. 8793, 33 P.R. 17217, 33 P.R. 19097, and regional approved loans, said execu­ a sum less than the total amount due tion to read, as follows: and 34 FJt. 5134), Delegation of Author­ thereon; and (2) to deny liability of the ity No. 30 (Pacific Coastal Area) (Revi­ Small Business Administration under the (Name), Administrator, sion 1) (33 F.R. 10677) as amended (33 terms of a participation or guaranty By: F.R. 14250), is hereby further amended by: agreement, or the assertion of a claim (Name) for recovery from a participating bank Chief, Development Company 1. Revising Item I.E.1, to read asunder any alleged violation of a partici­ Assistance Division. .follows: pation or guaranty agreement. I. Area Coordinators. 4. To cancel, reinstate, modify, and 3. Revising Items II.C, n.D, II.F.2, andamend authorizations for sections 501 n.G.12, to read as follows: and 502 loans. n . Regional Directors. E. Financial Assistance Coordinator. 5. To take all necessary actions in con­ 1. Eligibility determinations (for finan­ * * * * * nection with the administration, servic­ cial assistance only). To determine C. Size determinations. To make initial ing, and collection; and to do and per­ eligibility of applicants for assistance size determinations in all cases within form and to assent to the doing and per­ under any program of the Agency, ex­ the meaning of the Small Business Size formance of, all and every act and thing cept the SBIC and Development Com­ Standards Regulations, as amended, and requisite and proper to effectuate the pany Assistance Programs, in accordance further to make product classification granted powers, including without limit­ with Small Business Administration decisions for financial assistance pur­ ing the generality of the foregoing: standards and policies. No authority is poses only. Product classification deci­ hereby delegated to declare the non­ a. The assignment, endorsement, sions for procurement purposes are made transfer, and delivery (but in all cases applicability of eligibility limitations to by contracting officers. a community emergency as set forth in without representation, recourse, or section 120.2(e) of SBA Loan Policy D. Eligibility determinations. To de­ warranty) of notes, claims, bonds, Regulations. termine eligibility of applicants for as­ debentures, mortgages, deeds of trust, sistance under any program of the contracts, patents and applications Agency, except the SBIC program, in ac­ therefor, licenses, certificates of stock 2. Revising Items II.B. 4 and 5 cordance with Small Business Adminis­ adding thereto a new Item ILB.i tration standards and policies. No au­ and of deposit, and any other liens, read as follows: thority is hereby delegated to declare the powers, rights, charges on and interest H. Regional Directors. nonapplicability of eligibility limitations in or to property of any kind, legal and to a community emergency as set forth in equitable, now or hereafter held by the

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 6752 NOTICES Small Business Administration or its granted powers, including without limit­ b. The execution and delivery of as­ Administrator. ing the generality of the foregoing. signments, subordinations, releases (in b. The execution ,and delivery of as­ a. The assignment, endorsement, whole or part1) of liens, satisfaction signments, subordinations, releases (in transfer and delivery (but in all cases pieces, affidavits, proofs of claim in bank­ whole or part) of liens, satisfaction without representation, recourse or war­ ruptcy or other estates and such other pieces, affidavits, proofs of claim in ranty) of notes, Claims, bonds, deben­ instruments m writing as may be appro­ bankruptcy, or other estates and such tures, mortgages, deeds of trust, con­ priate and necessary to effectuate the other instruments in writing as may be tracts, patents and applications therefor, foregoing. appropriate and. necessary to effectuate licenses, certificates of stock and of de­ c. The approval of bank application the foregoing. posit, and any other liens, powers, rights, Tor use of liquidity privilege under the c. The approval of bank application charges on and interest in or to prop­ loan guaranty plan. for use of liquidity privilege under the erty of any kind, legal and equitable, d. Except: (1) To compromise or sell •loan guaranty plan. now or hereafter held by the Small Busi­ any primary obligation or other evidence d. Except: (1) To compromise or sell ness Administration or its Administrator. of indebtedness owed to the Agency for any primary obligation or other evidence b. The execution and delivery of as­ a sum less than the total amount due of indebtedness owed to the Agency for signments, subordinations, releases (in thereon; and (2) to deny liability of the a sum less than the total amount due whole or part) of liens, satisfaction Small Business Administration under thereon; and (2) to deny liability of the pieces, affidavits, proofs of claim in bank­ the terms of a participation or guaranty Small Business Administration under the ruptcy or other estates and such other agreement, or the assertion of a claim terms of a participation or guaranty instruments in writing as may be appro­ for recovery from a participating bank •agreement, or the assertion of a claim priate and necessary to effectuate the under any alleged violation of a partici­ for recovery from a participating bank foregoing. pation or guaranty agreement. under any alleged violation of a par­ c. The approval of bank applications * * * * * ticipation or guaranty agreement. for use of liquidity privilege under the Effective date: March 13, 1969. * * * * * loan guaranty plan. R obert E. W est, Effective date: December 31, 1968. d. Except: (1) To compromise or sell Area Administrator., any primary obligation or other evidence Southwestern Area. W illiam S. S chumacher, of indebtedness owed to the Agency for Area Administrator, a sum less than the total amount due [F.R. Doc. 69-4727; Filed, Apr. 21, 1969; Pacific Coastal Area. thereon; and (2) to deny liability of the 8:46 a.m.] [F.R. Doc. 69-4726; Filed, Apr. ,21, 1969; Small Business Administration under the 8:45 a.m.] terms of a participation or guaranty [License No. 01/01-0018] agreement, or the assertion of a claim for recovery from a participating bank MASSACHUSETTS CAPITAL CORP. fDelegation of Authority No. 30-6 (Rev. 5), under any alleged violation of a partici­ Amdt. 1, Southwestern Area, Dallas, Tex.] Approval of Transfer of Control of a pation or guaranty agreement. Licensed Small Business Investment REGIONAL DIRECTORS ET AL. '♦ * * * * Company 2. Revising Items II.I.3 and 4 and add­ Delegation of Authority To Conduct ing thereto a new Item IIJ.5, to read as Pursuant to the provisions of § 107.701 Program Activities in Southwestern follows: of SBA Regulations (13 CFR Part 107, 33 Area II. Regional Directors. F.R. 326), a notice of a proposed transfer * * * * * of control of Massachusetts Capital Pursuant to the authority delegated to Corp., 225 Franklin Street, Boston, Mass. the Area Administrator by Delegation I. Chief, Development Company As­ 02110, was published in the F ederal of Authority No. 30 (Revision 12), 32 F.R. sistance Division. R egister on March 22, 1969 (34 F.R. 179, dated January 7, 1967, as amended * * * * * 5568). (32 F.R. 8113, 33 F.R. 8793, 33 F.R. 17217, Interested persons were given until 33 F.R. 190&7, and 34 F.R. 5134), Delega­ 3. To execute sections 501 and 502 loan authorizations for Central Office, area, April 1, 1969, to submit to the Small tion of Authority No. 30-6 (Revision 5), and regional approved loans, said execu­ Business Administration (SBA) their Southwestern Area, 34 F.R. 5043, dated tion to read, as follows: comments on the proposed transfer of March 8, 1969, is hereby amended by: control. No comments were received. I. Revising Items II.B.4 and 5 and (Name), Administrator. Upon consideration of the application adding thereto a new Item II.B.6, to read B y : ------— ------(Name) and other relevant information, SBA as follows: Chief, Development Company hereby approves the proposed transfer II. Regional Directors. Assistance Division. of control of Massachusetts Capital Corp. • * * * * 4. To cancel, reinstate, modify, and B. Development Company Assistance. amend authorizations for sections 501 For SBA (under delegated authority). ***** and 502 loans. Dated: April 11, 1969. 4. To execute sections 501 and 502 5. To take all necessary actions in A. H. Singer, loan authorizations for Central Office connection with the administration, Associate Administrator and area approved loans and for loans servicing, and collection; and to do and for Investment. approved under delegated authority, said perform and to assent to the doing and execution to read as follows: performance of, all and every act and •[F.R. Doc. 69-4728; Filed, Apr. 21, 1969; 8:46 a.m.] (Name), Administrator, thing requisite and proper to effectuate the granted powers, including without B y :------limiting the generality of the foregoing: Regional Director. (City) a. The assignment, endorsement, trans­ INTERSTATE COMMERCE fer, and delivery (but in all cases with­ 5. To cancel, reinstate, modify, and out representation, recourse, or war­ COMMISSION amend authorizations for sections 501 ranty) of notes, claims, bonds, deben­ [Investigation and Suspension Docket No. and 502 loans. tures, mortgages, deeds of trust, con­ M-23033 ] 6. To take all necessary actions in con­ tacts, patents and applications therefor, nection with the administration, serv­ licenses, certificates of stock and of de­ SMALL SHIPMENT RATE REVISION, posit, and any other liens, powers, rights, CENTRAL AND SOUTHERN TERRI­ icing, and collection; and to do and per­ -charges on and interest in or to property form and to assent to the doing and per­ of any kind, legal and equitable, now or TORY formance of, all and every act and thing hereafter held by the Small Business Ad­ Present: John W. Bush, Commissioner, requisite and proper to effectuate the ministration or its Administrator. to whom the matter which is the subject

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 NOTICES 6753 of this order has been referred for action cent or more of the total revenue derived 5. If the affiliate derives revenue from thereon. by all carriers participating in those the sale or lease'of property or from It appearing, that by order of the Com­ tariffs. If those instruction 27 carriers’ services through transactions with per­ mission,- Division 2, acting as an Appel­ revenue is less than 75 percent of the sons other than respondent, indicate the late Division, dated April 3, 1969, in the total, then all of the instruction 27 car­ percentage of the revenue of such busi­ above-entitled proceeding, an investiga­ riers should be used. These study car­ ness to the total revenue of the affiliate tion was instituted into and concerning riers shall be selected from the partici­ in the year 1968, the lawfulness of the rates, charges, and pating carriers in descending order 6. A copy of the Income statement for regulations contained in the schedules beginning with the carrier deriving the each affiliate for the year 1968 and the described in said order, and suspended greatest dollar amount of revenue from latest period of 1969 for which an in­ the operation of said schedules; those tariffs. Unit costs are to be de­ come statement is available. And it further appearing, that in order veloped separately for (1) those carriers 7. A statement listing the amount of that consideration be given to all factors who earn 50 percent or more of their wages, salaries, bonuses, and other com­ which may bear upon a proper determi­ revenues under the tariffs involved and pensation paid by the affiliate in 1968 nation of the issues, including the ques­ (2) those carriers who earn less than 50 to any individual who is also a respond­ tion whether the resulting rates would percent. If factors similar to those pub­ ent or an officer, director, or substantial be just and reasonable, it is deemed ap­ lished in appendix A to Highway Form stockholder of a respondent; or the wife propriate in the public interest that the B for the above two groups of carriers are or close relative of a respondent or offi­ information specified below be included not available, the published factors for cer, director or substantial stockholder in the record to be developed in this the applicable territory based on the lat­ of a respondent. proceeding; and good cause appearing est study are acceptable in the develop­ 8. The term “affiliate” as used in this therefor: ment of the unit costs. # order means: It is ordered, That respondents be, and It is further ordered, That both the a. Any individual who is also a re­ they are hereby, notified and required to cost study and the traffic study be ade­ spondent; an officer, director, or sub­ submit information and supporting data quately supported by working papers to stantial stockholder of a respondent; or which shall include, among other things, permit a complete check of the proce­ the wife or close relative either of a re­ actual expense and revenue data (in­ dures followed and the results obtained. spondent; or of an officer, director, or cluding anticipated expense and revenue It is further ordered, That respondents substantial stockholder of a respondent. data to show the effect of the proposed shall produce evidence of the sum of b. Any partnership in which one of increase or decrease) and operating money, in addition to operating expenses, the partners is a respondent; an officer, ratios specifically related to the traffic needed to attract debt and equity cap­ director, or substantial stockholder of a and carriers involved, overall operating ital which they require to insure financial respondent; or the wife or close relative ratios, detailed data to establish the stability and the capacity to render serv­ either of a respondent; or of an officer, representative nature of the carriers ice. This evidence should include, with­ director, or substantial stockholder of a used, and in addition, all pertinent evi­ out limiting the evidence that may be respondent. dence and supporting data for the indi­ presented, particularized reference to the c. Any corporation whose stock is vidual representative carriers as they respondents’ reasonable interest, divi­ wholly or partly owned by a respondent; relate to their overall operations, and dend, and surplus requirements; and ex­ by an officer, director, or substantial specifically to the traffic and territories perienced, projected, and needed rate of stockholder of a respondent ; or by the involved. return on depreciated investment in wife or close relative either of a respond­ It is further ordered, That the Com­ transportation. ent or of an officer, director, or substan­ mission will take official notice of all the It is further ordered,.That all Class I tial stockholder of a respondent. respondent carriers’ financial statements and n motor carrier respondents shall d. Any corporation which exercises submit detailed data regarding carrier- control over the operations or finances on file with the Commission. of respondent. It is further ordered, That the traffic affiliate financial and operating relation­ ships, and transactions including, with It is further ordered, That all of the studies to be submitted shall represent required data specified in this order shall the most current period possible,, and respect to any and all individuals, part­ nerships, and corporations affiliated with be based upon and reflect at least the that they shall be based upon actual 1968 annual reporting period. operations conducted during identical respondents, when such transactions in­ periods of time for each carrier; that the dividually or in the aggregate amount to It is further ordered, That the detailed traffic studies shall be shown to be repre­ $2,500 or more during the year 1968 the information called for by this order shall sentative of the traffic covered by the following information: be in writing and shall be verified by a 1. Name of each affiliate from which person or persons having kowledge there­ rate proposal; and that the traffic study of; that such verified material shall be be costed out and operating ratios de­ respondent, during the year 1968, ac­ quired, leased or purchased lands, build­ served on all parties of record on or be­ termined by the individual weight fore July 15, 1969, and at the same time, brackets included within the rate pro- 1 ings, equipment, materials, supplies, parts, tires, tubes, gasoline, oil, or other respondents shall file an executed orig­ posal. If the two carrier groups described inal and 16 copies with this Commission, below under the development of costs property or services used by respondent, in its operations as a motor common together with certificates of service in are used, the traffic study shall be accordance with § 1.22(a) of the general similarly separated. The revenues and carrier. 2. Kinds of property or service which rules of practice. The information with costs for both groups shall also be totaled respect to carrier affiliates may be served and operating ratios developed. each affiliate supplies to respondent. 3. Basis of charges for property or on the parties in summary form, if so It is further ordered, That respondents services supplied by affiliate to respond­ desired. shall produce evidence showing the total ent including the base and rate for It is further ordered, That all under­ revenue earned for the services per­ rental charges. lying data used in preparation of the ma­ formed under the bureau’s tariffs here 4. Total charges by each affiliate to terial outlined above shall be made avail­ under investigation for the most recent respondent during the year 1968 for: able in the office of the party serving such annual reporting period. a. Lease of vehicles. verified matter during usual office hours It is further ordered, That the cost b. Lease of terminals. for inspection by any party of record study shall be based upon the most cur­ c. Lease of other property. desiring to do so; and that the under­ rent annual reporting period adjusted to lying data shall be made available also date. The costs may be developed for d. Pickup and delivery of shipments. at the hearing, but only if and to the ex­ those carriers subject to the requirements e. Repair and servicing of vehicles. tent specifically requested in writing and for allocation of expenses between line f. Management, accounting, financial, required by any party for the purpose of haul and pickup and delivery in 49 CFR legal, purchasing, or traffic solicitation cross-examination. Part 182, Instructions 27 and 9002, whose services. It is further ordered, That anyone de­ total amount of revenue derived under g. Property sold by affiliate to siring to become a party of record to the bureau’s tariffs collectively is 75 per­ respondent. receive copies of the verified material

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 6754 NOTICES of respondents to be filed in accordance section 17(8) of the Interstate Com­ between points in the Chicago, 111., com-, with the procedure set forth above, must merce Act, the filing of such a petition mercial zone, as defined by the Commis­ notify the Commission, in writing, on will postpone the effective date of the sion in 1 M.C.C. 673. James R. Madler, or before July 1, 1969. As soon as prac­ order in that proceeding pending its dis­ 189 West Madison Street, Chicago, 111. ticable after such date, a service list of position. The matters relied upon by pe­ 60602, attorney for applicants. all parties of record will be prepared titioners must be specified in their pe­ No. MC-FC-71222. By order of April 8, and served by the Commission. Other­ titions with particularity. 1969, the Motor Carrier Board approved wise, any interested person desiring to No. MC-FC-35428. By order of April 4, the transfer to Highway Express, Inc., participate in this proceeding may make 1969, the Motor Carrier Board approved Hattiesburg, Miss., of the operating his appearance at the hearing. the lease to Richard H. Eshe and Lois rights in certificate No. MC-109326 (Sub- It is further ordered, That this pro­ Mae Eshe, a partnership, doing business No. 94) issued October 31, 1966, to C. & ceeding be, and it is hereby, referred to as South Park Motor Lines, Denver, D. Transportation Co., Inc., Prichard, a hearing examiner to be later desig­ Colo., of the-certificate of registration in Ala., authorizing the transportation of nated for hearing commencing on No. MC-58818 (Sub-No. 1) issued De­ general commodities, except those of un­ August 18, 1969, at 9:30 a.m. District cember 12, 1963, to Fairplay Motor Co., a usual value, classes A and B explosives, of Columbia d.s.t. at the offices of the corporation, Fairplay, Colo., evidencing a lumber, gasoline, coal, sand, gravel, Interstate Commerce Commission, Wash­ right to engage in transportation in in­ household goods as defined by the Com­ ington, D.C. terstate or foreign commerce correspond­ mission, commodities requiring special It is further ordered, That this pro­ ing in scope to the grant of authority in equipment, and those injurious or con­ ceeding will not be the subject of an ex­ certificate PUC No. 1179, transferred to taminating to other lading, between Hat­ aminer’s recommended report and order carrier pursuant to Decision No. 25797 tiesburg, Miss., and New Orleans, La., because due and timely execution of our dated ApMl 10, 1946, issued by the Public serving the intermediate points of Wig­ functions requires an expedited decision Utilities Commission of Colorado. Marion gins and Gulfport, Miss., as follows: and in addition, if the increases in­ F. Jones, Esq., Jones, Meiklejohn, Kehl From Hattiesburg over U.S. Highway 49 volved herein are not approved in their & Lyons, 420 Denver Club Building, Den­ to Gulfport, Miss., thence over U.S. High­ entirety, the shippers will be paying ver, Colo. 80202, attorney for applicants. way 90 to New Orleans, La., and return higher rates without any recourse to this No. MC-FC-70925. By order of April 4, over the same route. Douglas C. Wynn, Commission for relief. 1969, the Motor Carrier Board approved Post Office Box 1295, Greenville, Miss. It is further ordered, That a copy of the transfer to Robert S. Lockhart and 38701, attorney for applicants. this order be delivered to the Director, Walter M. Lockhart, a partnership, do­ No. MC-FC-71242. By order of April 4, Division of Federal Register, for publi­ ing business as Lockhart Express, Win­ 1969, the Motor Carrier Board ap­ cation in the F ederal R egister as notice chester, Va., of the certificate in No. proved the transfer to Fastest Way to all interested persons. MC-55883 (Sub-No. 12), issued July 21, Motor Freight, Inc., Spokane, Wash., of And it is further ordered, That, to 1967, to Triangle Express, Inc., Wallace, a portion of the operating rights in cer­ avoid future unnecessary service upon S.C., authorizing the transportation of: tificate No./MC-59412, and all the oper­ those respondents who, although partici­ Canned fruits and canned fruit products, ating rights in certificate No. MC-59412 pating carriers in the tariff schedules from Mount Jackson and Maurertown, (Sub-No. 4), issued May 17, 1967, and which are the subject of investigation Va., to Detroit, Mich., and points in May 10, 1967, respectively, to John W. herein, are not actively interested in the Georgia, Alabama, Tennessee, Missis­ Gillingham, Jr., doing business as De­ outcome of such investigation, subse­ sippi, and Missouri, as restricted. S. Har­ pendable Motor Freight, Spokane, Wash., quent service on respondents herein of rison Kahn, Suite 733 Investment Build­ authorizing the transportation of: Gen­ notices and orders of the Commission ing, Washington, D.C. 20005, attorney for eral commodities, excluding household will be limited to those respondents applicants. goods, commodities in bulk, and other who: No. MC-FC-71130. By order of April 8, specified commodities, between Spokane, (1) Specifically make written request 1969, the Motor Carrier Board approved Wash., and Medical Lake, Wash., serving to the Secretary of the Commission to specified intermediate and off-route the transfer to Glen B. Smith and points between Medical Lake, Wash., and be included on the service list, or J. Milford Smith, doing business as Smith Edwall, Wash., serving the intermediate (2) Have appeared at a hearing. Transfer, 619 East Ontario Street, Mis­ point of Waukon, Wash.; between Medi­ Dated at Washington, D.C., this 10th souri Valley, Iowa 51555, of certificate No. cal Lake, Wash., and Edwall, Wash., serv­ day of April 1969. MC-522, issued January 18, 1960, to ing no intermediate points; between Spo­ Glen B. Smith, doing business as Smith kane, Wash., and Cheney, Wash., serv­ By the Commission, Commissioner Transfer, 619 East Ontario Street, Mis­ ing the intermediate point of Four Lakes, Bush. souri Valley, Iowa 51555, authorizing the Wash.; and between Spokane, Wash., and [seal] H. Neil G arson, transportation of general commodities, Cheney, Wash., as an alternate route for Secretary. over regular routes, with the usual ex­ ceptions, between Missouri Valley, Iowa, operating convenience only, serving no [F.R. Doc. 69-4737; Filed, Apr. 21, I960; intermediate points. George R. LaBis- 8:46 a.m.] and Omaha, Nebr., serving the interme­ soniere, 1424 Washington Building, Seat­ diate points of Council Bluffs, Crescent, tle, Wash., 99101, attorney for applicants. Honey Creek, and Loveland, Iowa: From [Notice 330] Missouri Valley over U.S. Highway 75 to [seal] H. Neil Garson, Omaha, and return over the same routes, Secretary. MOTOR CARRIER TRANSFER and feed, agricultural implements, and [F.R. Doc. 69-4738; Fljed, Apr. 21, 1969-; PROCEEDINGS building materials, over irregular routes, 8:47 a.m.] April 17, 1969. from Omaha, Nebr., to Logan, Iowa, and points within 20 miles of Logan. Synopses of orders entered pursuant to [Notice 329] section 212(b) of the Interstate Com­ No. MC-FC-71187. By order of April 4, merce Actrand rules and regulations pre­ 1969, the Motor Carrier Board approved MOTOR CARRIER TRANSFER scribed thereunder (49 CFR Part 1132), the transfer to John R. Pacella, doing PROCEEDINGS appear below: business as John J. Cushing Trucking April 16, 1969. As provided in the Commission’s spe­ Co,. Chicago. 111., of certificate in No. MC- cial rules of practice any interested per­ 48004, issued June 13,1944, to Nicholas J. Synopses of orders entered pursuant son may file a petition seeking reconsid­ Sapienza, doing business as John J. to section 212(b) of the Interstate Com­ eration of the following numbered pro­ Cushing Trucking Co., Chicago, 111.; au­ merce Act, and rules and regulations ceedings within 20 days from the date of thorizing the transportation of: General prescribed thereunder (49 CFR Part publication of this notice. Pursuant to commodities, with the usual exceptions, 1132), appear below:

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 NOTICES 6755 As provided in the Commission’s spe­ 310, Evergreen, Ala. 36401, registered cial rules of practice any interested per­ practitioner. FEDERAL POWER COMMISSION son may file a petition seeking recon­ No. MC-FC-71249. By order of April 4, [Dockets Nos. R I69-673 etc.] sideration of the following numbered 1969, the Motor Carrier Board ap­ proceedings within 20 days from the proved the transfer to Craft Tours, Inc., SUNSET INTERNATIONAL PETRO­ date of publication of this notice. Pur­ Richmond, Va„ of Broker License No. LEUM CORP. ET AL. suant to Section 17(8) of the Interstate MC-12886 issued June 30,1965, to Harold Commerce Act, the filing of such a pe­ Order Providing for Hearings on tition will postpone the effective date of B. Crafts, doing business as Pleasure- and Suspension of Proposed the order in that proceeding pending its Craft Tours, Richmond, Va., authorizing Changes in Rates 1 the right to engage in operations as a disposition. The matters relied upon by April 11, 1969. petitioners must be specified in their pe­ broker at Richmond, Va., in arranging titions with particularity. Sunset International Petroleum Corp., for the transportation of passengers and and other respondents listed herein, No. MC-FC-71227. By order of April their baggage, beginning and ending at Dockets Nos. RI69-673, etc. 2, 1969, the Motor Carrier Board ap­ points in Virginia, and extending to proved the transfer to George A. Lewis, The Respondents named herein have Ltd., St. Stephen, New Brunswick, Cana­ points in the United States, including filed proposed increased rates and da, of certificate No. MC-117876, issued Alaska. Henry E. Ketner, 1208 State charges of currently effective rate sched­ Planters Bank Building, Richmond, Va. ules for sales of natural gas under Com­ December 5, 1960, to Leo LeBlanc, doing mission jurisdiction, as set forth in business as Leo LeBlanc Fish Transport, 23219, attorney for applicants. Appendix A hereof. Cape Bald, New Brunswick, Canada, au­ No. MC-FC-71244. By order of April 4, The proposed changed rates and thorizing the transportation of bananas, 1969, the Motor Carrier Board approved and fresh fruits and vegetables in mixed charges may be unjust, unreasonable, un­ loads with bananas from Boston, Mass., the transfer to The Andrews Moving & duly discriminatory, or preferential, or to the port of entry on the United Storage Co., a corporation, Cleveland, otherwise unlawful. States-Canada boundary line at Caláis, Ohio, of the certificate in No. MC-44737, The Commission finds: It is in the pub­ issued June 19, 1942, to The Knicker­ lic interest and consistent with the Nat­ Maine. Frank J. Weiner, 536 Granite ural Gas Act that the Commission enter Street, Braintree, Mass. 02184, attorney bocker Storage Co., a corporation, Cleve­ upon hearings regarding the lawfulness for applicants. land, Ohio, authorizing the transporta­ of the proposed changes, and that the No. MC-FC-71248. By order of April 4, tion of household goods, as defined by supplements herein be suspended and 1969, the Motor Carrier Board approved the Commission, between points in Ohio, their use be deferred as ordered below. the transfer to Frank James Brown, Jr., on the one hand, and, on the other, points The Commission orders: doing business as Klavuhn Transfer, 203 in Connecticut, Delaware, Illinois, Indi­ (A) Under the Natural Gas Act, par­ ana, Kentucky, Maine, Maryland, Massa­ ticularly sections 4 and 15, the regula­ Independence Street, Cumberland, Md. tions pertaining thereto (18 CFR Ch. I ) , 21502, of the certificate No. MC-108069 chusetts, Michigan, Missouri, New Jer­ and the Commission’s rules of practice issued June 21, 1950, to Ralph Edward sey, New York, Ohio, Pennsylvania,- and procedure, public hearings shall be Klavuhn, doing business as Klavuhn Rhode Island, Virginia, and the District held concerning the lawfulness of the Transfer, 633 Yale Street, Cumberland, of Columbia. G. M. Rebman, 314 North proposed changes. Md. 21502, authorizing the transporta­ Broadway, St. Louis, Mo. 63102, attorney (B) Pending hearings and decisions for applicants. thereon, the .rate supplements herein are tion of: Household goods as defined in suspended and their use deferred until Practices of Motor Common Carriers of No. MC-FC-71183. By order of April 4, date shown in the “Date Suspended Household Goods, 17 M.C.C. 467, over ir­ 1969, the Motor Carrier Board approved Until” column and thereafter until made regular routes, between Cumberland, the transfer to Isadore Berman and Lon- effective as prescribed by the Natural Gas Md., and points and places in Maryland, zie Leroy Cross, Jr., doing business as Act. Pennsylvania, and West Virginia within TL Berman & Cross, Philadelphia, Pa., of (C) Until otherwise ordered by the certificate No. MC-64665, issued March Commission, neither the suspended sup- 10 miles of Cumberland, on the one lements, nor the rate schedules sought to hand, and, on the other, points and' 20, 1960, to Isadore Berman, doing busi­ be altered, shall be changed until dis­ places in Maryland, Pennsylvania, West ness as Isadore Berman, Philadelphia, position of these proceedings or expira­ Virginia, and the District of Columbia. Pa., authorizing the transportation of tion of the suspension period. No. MC-FC-71243. By order of April 4, household goods, as defined by the Com­ (D) Notices of intervention or peti­ 1969, the Motor Carrier Board ap­ mission, between Philadelphia, Pa., on tions to intervene may be filed with the proved the transfer to Poole Truck Lines, the one hand, and, on the other, points in Federal Power Commission, Washington, Delaware and New Jersey. Raymond A. D.C. 20426, in accordance with the rules Inc., Evergreen, Ala., of certificate No. of practice and procedure (18 CFR 1.8 MC-115162 Sub-No. 5 through Sub-No. Thistle, Jr., Suite 1710, 1500 Walnut and 1.37 (f) ) on or before May 28, 1969. 166, issued to Walter Poole, doing busi­ Street, Philadelphia, Pa. 19102, attorney By the Commission. ness as Poole Truck Line, Evergreen, Ala., for applicants. [seal] Gordon M. G rant, authorizing the transportation of various [seal] H. N eil Garson, commodities, of a general commodity Secretary. Secretary. nature, serving points in the United [FJt. Doc. 69-4696; Filed, Apr. 18, 1969; IDoes not consolidate for hearing or dis­ States. Robert E. Tate, Post Office Box 8:50 a.m.] pose of the several matters herein.

FEDERAL REGISTER, VOL 34, NO. 76— TUESDAY, APRIL 22, 1969 No. 76----- 5 6756 NOTIGES

Appendix A

Rate Sup­ Amount Effective Cents per Mcf Rate in Docket sched­ ple­ Date date Dätö effect sub­ No. Respondent ule ment Purchaser and producing area annual filing unless suspended Rate in Proposed in­ ject to re­ No. No. increase tendered suspended until— «Sect creased rate fund in lockets Nos.

RI69-673.. Sunset International 11 5 Northern Natural Gas Co. (Hans­ $2,700 3-17-69 * 4-17-69 9-17-69 *17.5 » * * 18.5 RI64-724. Petroleum Corp., ford Field, Ochiltree- County, 2400 Fidelity Tex.) (R.R. District Np. 10). Union Tower Bldg., Dallas, Tex. 75201...... do...... 14 4 Northern Natural Gas Co. (Wamble 900 3-17-69 3 4-17-69 9-17-69 »17.5 » * » 18.5 RI68-443. Area, Ochiltree and Roberts Comities, Tex.) (R.R. District No. 10)...... do...... ' 17 3 Northern Natural Gas Co. (Perry- 610 3-17-69 » 4-17-69 9-17-69 *17.5 » * * 18.5 RI64-724. ton Field, Ochiltree County, Tex.) (R.R. District No. 10)...... do...... 25 5 Southern Union Gathering Co. 1,800 3-17-69 « 4-17-69 9-17-69 14.0 » » 15.0 RI66-310. (McCoy Unit No. 1, San Juan County, N. Mex.) (San Juan Basin Area). RI69-674.. Sunset International 32 7 Northern Natural Gas Co. (Perry- 600 3-17-69 2 4-17-69 9-17-69 »17.6 « * « 18.5 RI64-725. Petroleum Corp., ton and Hansford Fields, Ochil­ et Id. tree County, Tex.) (R.R. District No. 10). ___-do...... 38 .6 Northern Natural Gas Co. (Guy- 300 3-17-69 3 4-17-69 9-17-69 *17.5 » * « 18. 5 RI64-725. mon-Hugoton and George Morrow Fields, Beaver County, Okla.) (Panhandle Area). RI69-675-. Shell Oil Co., 50 West 243 10 Transwestem Pipeline Co. (Pan­ 22,750 3-17-69 2 4-17-69 9-17-69 * 817.5 4« 118. 5 50th St., New York, handle Area, Lipscomb, Roberts, N.Y. 10020. and Ochiltree County, Tex.) (R.R. District No. 10)...... do...... 108 9 El Paso Natural Gas Co. (Denton 1,249 3-14-69 3 4-14-69 9-14-69 14.51 < « 18.14378 Plant, Lea County, N. Mex.) (Permian Basin Area)...... do— ...... 142 14 El Paso Natural Gas Co. (Spraberry 866 3-14-69 2 4-14-69 9-14-69 14.50 * « 18. 243 Trend Area, Reagan County, Tex.) (RR. District No. 7rC) (Permian Basin Area)...... d o - -..- -- ...... 18 14 El Paso Natural Gas Co. (Ratliff- 466 3-14-69 2 4-14-69 9-14-69 15.58 * » 15. 70925 Bedford Field, Andrews County, Tex.) (RR. District No. 8) (Per- mian Basin Area) . RI69-676.. Pecos Co., El Paso 6 2 Cities Service Gas Co. (South 179 3-17-69 2 4-17-69 9-17-69 *16.0 « * « 17. 0 Natural Gas Bldg., Bishop Area, Mills County, Okla.) El Paso, Tex. 79999. (Oklahoma “Other” Area). RI69-677.. Home-Stake Produc­ 2 2 Northern Natural Gas Co. (Dower 1,826 w 3-17-69 13 4-17-69 9-17-69 ® 12 10# ß 4 5 11 12 g RI61-41. tion Co., Philtower Field, Beaver County, Okla.) Bldg., Tulsa, Okla. (Panhandle Area). 74103. RI69-678.. Texaco, Inc. (Opera­ 166 12 Kansas-Nebraska Natural Gas Co., 3,350 3-24-69 « 4-24-69 9-24-69 *18.0 3 * * 18.2 RI68-168. tor), et al., Post Inc. (Camriefc Field, Texas Coun­ Office Box 2420, ty, Okla.) (Panhandle Area). Tulsa, Okla. 74102. < 5 14 is 18. 6 RI68-665...... d o ...... %...... 133 41 Natural Gas Pipeline Co. of America 78,400 3-24-69 13 17 4-24-69 9-24-69 * »* 17.25 (Southeast Camrick Field, Texas 10,611 « 1« 17. 0 4 8 14 18 18. 6 RI68-665. and Beaver Counties, Okla.) (Panhandle Area) and Blakemore Area, Hansford County, Tex. (RR. District No. 10). RI69-679-. Texaco, I n c ...... - 317 18 1 Northern Natural Gas Co. (Gooch 9,466 3-24-69 13 4-24-69 9-24-69 » w 16. 0 3 4 5 18 17. 0 Field, Stevens County, Kans.)...... do...... 354 2 Natural Gas Pipeline Co. of America 17,438 3-17-69 18 4-17-69 9-17-69 » so 16. 608 8 4 19 17.646 (Indian Basin Area, Eddy County, N. Mex.) (Permian Basin Area). RI68-129. RI69-680.. Edwin L. Cox, 3800 26 5 Panhandle Eastern Pipe Line Co. 550 3-24-69 »5- 1-69 10- 1-69 17. 01 3 * 18. 01 First National Bank (Texas County, Okla.) (Panhandle Bldg., Dallas, Tex. Area). 75202. RI69-681-. Union Oil Co. of 80 2 Kansas-Nebraska Natural Gas Co., 180 3-24-69 3 3- 1-69 10- 1-69 *17.0 » * » 18. 0 California, Union L i e . (Camrick Field, Beaver Oil Center, Los Comity, Okla.) (Panhandle Area). Angeles, Calif. 90017. RI64-676. RI69-682 Southeastern Public 5 3 Natural Gas Pipeline Co. of America 16,425 3-18-69 13 4-18-69 9-18-69 »16.0 84*17.0 Service Co. (Opera­ (Menefee Field Area, Wharton tor) et al., 70 Pine County, Tex.) (RR. District No. St., New York, 3). N.Y. 10005. « 22 15. 0636 RI67-148. RI69-683-. C. Crady Davis et al., 1 11 Southern Union Gathering Co. 3,146 3-14-69 316-1-69 11- 1-69 14.0006 c/o Kimbark Operat­ (Bianco-Mesa Verde Field, San ing Co., 288 Clayton Juan County, N. Mex.) (San Juan St., Denver, Colo. Basin Area). 80206. » * 14. 0593 ___ do_...... 2 7 El Paso Natural Gas Co. (Greater 699 3-14-69 3 4-14-69 9-14-69 13.0 Blanco Field, San Juan County, N. Mex.) (San Juan Basin Area). See footnotes at end of table.

FEDERAL REGISTER, VOL. 34, NO. 76—-TUESDAY, APRIL 22, Ï969 NOTICES 6757

Rate Sup­ Amount Effective Cents per Mcf Bate in Docket sched­ ple­ of Date date -«fleet sub­ No. Respondent ule ment Purchaser and producing area annual filing unless suspended Rate in Proposed in­ ject to re­ No. No. increase tendered suspended until— effect creased rate fund in dockets Nos.

RI69-684-. Standard Oil Co. of 8 12 El Paso Natural Gas Co. (Eumont $3,459 3-17-69 »4-17-69 9-17-69 2214.44 4 » ÿ 16.88 Texas, a division of Field, Lea County. N. Mex.) Chevron Oil Co., (Permian Basin Area). Post Office Box 1249, Houston, Tex; 77001, Attention: C. W. Proctor, Vice president...... do...... - 9 10 El Paso Natural Gas Co. (Pecos 2,281 3-17-69 »4-17-69 9-17-69 13.95 4 » 16.72 Valley Fusselman Field, Pecos County, Tex.) (RR. District No. 8) (Permian Basin Area)...... do...... 11 8 El Paso Natural Gas Co. (Wilshire- 995 3-17-69 2 4-17-69 9-17-69 1410 4 » 15.20 Ellenburger Field, Upton Coun­ ty, Tex.) (RR. District No. 7-C) (Permian Basin Area)...... do...... 17 12 El Paso Natural Gas Co. (Langlie- 2 3-17-69 2 4-17-69 9-17-69 14 29 * «2316.88 Mattix Field, Lea County, N. Mex.) (Permian Basin Area). ___ do...... 18 12 ...... do...... 387 3-17-69 2 4-17-69 9-17-69 14.29 4 »2316.88 ...... do...... 19 19 El Paso Natural Gas Co. (Warren’s 5,396 3-17-69 2 4-17-69 9-17-69 13.02 4 2 24 16. 86 Monument Plant, Lea County, N. Mex.) (Permian Basin Area). ___ do...... 19 20 El Paso Natural Gas Co. (Various 99,939 3-17-69 2 4-17-69 9-17-69 14.12 4 2 23 16.88 Fields, Lea County, N. Mex.) (Permian Basin Area)...... do...... 33 3 Northern- Natural Gas Co. (Yates 275 3-17-69 2 4-17-69 9-17-69 14.5 4 215.0 Field, Pecos County, Tex.) (RR. District No. 8) (Permian Basin ___ do...... 35 6 El Paso Natural Gas Co. (North 8,222 3-17-69 2 4-17-69 9-17-69 16.50 4 218.24 Puckett Field, Pecos County, Tex.) (RR. District No. 8) (Per­ mian Basin Area)...... do...... 43 2 El Paso Natural Gas Co. (Wilshire- 17,904 3-17-69 2 4-17-69 9-17-69 2016.5 4418.0 Devonian Field, Upton County, Tex.) (RR. District No. 7-C) (Permian Basin Area). RI60-685.. Sohio Petroleum Co. 80 13 El Paso Natural Gas Co. (Spraberry 527 3-17-69 2 4-17-69 9-17-69 14.5 4 2 18.243 et al., 970 First Na­ Trend Area, Upton County, Tex.) tional Annex Okla­ (RR. District No. 7-C) (Permian homa City, Okla. Basin Area). 73102, Attention: Richard F. Rem- mers, Esq...... do...... 82 14 ___ do______- 714 3-17-69 2 4-17-69 9-17-69 14.5 4 2 18. 243 ...... do...... 77 13 El Paso Natural Gas Co. (Spra­ 427 3-17-69 2 4-17-69 9-17-69 14.5 4 2 18.243 berry Area, Upton County, Tex.) (RR. District No, 4-C) (Permian Basin Area)...... do...... 78 15 El Paso Natural Gas Co. (Spra­ 333 3-17-69 12 4-17-69 9-17-69 14.5 4 2 18. 243 berry Trend Area, Upton County, Tex.) (RR. District No. 7-C) (Permian Basin Area)...... do...... 79 13 ...... do...... 647 3-17-69 »4-17-69 9-17-69 14.5 4 2 18.243 ------do...... 81 15 ...... do...... 669 3-17-69 2 4-17-69 9-17-69 14.5 4 2 18.243 ...... do...... 83 16 ___ d0_...... 220 3-17-69 2 4-17-69 9-17-69 14.5 4 2 18.243 ...... do...... 84 14 ___ do...... 422 3-17-69 « 4-17-69 9-17-69 14.5 4 2 18.243 ...... do...... 95 19 El Paso Natural Gas Co. (Spraberry 295 3-17-69' 2 4-17-69 9-17-69 14.5 4 2 18.243 Area, Midland Couny, Tex.) (RR. District No. 8) (Permian Basin Area). RI69-686-. Sohio Petroleum Co. 91 22 El Paso Natural Gas Co. (Spraberry 1,703 3-13-69 24-16-69 9-16-69 14.5 4 2 18.243 (Operator) et al. Trend Area, Glasscock, Midland, Reagan, and Upton Counties, Tex.) (RR. District Nos. 8 and 7-C) (Permian Basin Area)...... do.—...... 97 12 El Paso Natural Gas Co. (Bakke 3,038 3-17-69 2 4-17-69 9-17-69 12.81 4 2 15.2025 Field, Andrews County, Tex.) (RR. District No. 8) (Permian Basin Area). RI69-687-. Pecos Co. et al.,26 El 1 11 El Paso Natural Gas Co. (Benedum 16,285 3-17-69 2 4-17-69 9-17-69 14.64 4 2 18.243 Paso Natural Gas Field Gasoline Plant, Upton Bldg., El Paso, County, Tex.) (RR. District No. Tex. 79999, Atten- 7-C) (Permian Basin Area). tion: Walter G. ■nT„„. Henderson, Esq. XUW-088-. Pecos Co. 2 13 El Paso Natural Gas Co. (Midkiff 47,099 3-17-69 24-17-69 9-17-69 11.82 4 216.216 (Operator).26 Gasoline Plant, Midland County, Tex.) (RR. District No. 8) (Per­ mian Basin Area). ----- do 26______4 . 10 El Paso, Natural Gas Co. (Wilshire 40,590 3-17-69 24-17-69 9-17-69 16.02 4 218.243 Gasoline Plant, Upton County, Tex.) (RR. District No. 7-C) (Permian Basin Area).

s ï be. stated effective date is the effective date requested by Respondent, 'W Southeast Camrick Field, Oklahoma Panhandle Area. periodic rate increase. a For base acreage committed under the Feb. 21,1955, Basic Contract, the contrac­ J ¿assure base is 14.65 p.s.i.a. tual effective date is Jan. 23,1969. For certain added acreage in Oklahoma committed Subject to a downward B.t.u. adjustment. by the June 26,1956, amendment provides three escalation dates for different blocks ' <

FEDERÂL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 6758 NOTICES Home-Stake Production Co. requests that waiving the 30-day notice requirement pro­ which Davis is basing his proposed increase its proposed rate increase be permitted to vided in section 4(d) of the Natural Gas Act is suspended and cannot become effective become effective on March 17, 1969. Texaco, to permit earlier effective dates for the afore­ prior to June 1, 1969. Under the circum­ Inc. (Operator), et ah, request a retroactive mentioned producers^ rate filings and such stances, we conclude that Davis’ proposed effective date of November 7, 1968 for Supple­ requests are denied. rate increase should be suspended for 5 ment No. 12 to their FPC Gas Rate Schedule Southeastern Public Service Co. (Operator) months from the date the rate on which No. 166, and an effective date of January 23, et al. (Southeastern) request that their pro­ Davis is basing his proposed rate increase 1969, and March 21, 1969, for Supplement No. posed rate increase be accepted by the Com­ may be made effective. 41 to their FPC Gas Rate Schedule No. 133. mission, or if suspended, the suspension All of the producers’ proposed Increased period be shortened so as to allow collec­ rates and charges exceed the applicable area Texaco, Inc., also requests a retroactive effec­ tion of the increase at an early date. Good price levels for increased rates as set forth in tive date of December 1, 1968, for Supplement cause has not been shown for granting the Commission’s statement of general policy No. 1 to its FPC Gas Rate Schedule No. 317, Southeastern’s request for limiting to 1 day No. 61-1, as amended (18 CFR Ch. I, Part 2, and an effective date of March 17, 1969, for the suspension period with respect to their §2.56), with the exception of the rate in­ rate filing and such request is denied. creases filed by the producers In the Permian Supplement No. 2 to its FPC Gas Rate Sched­ Basin Area which exceed the just and rea­ ule No. 354. Sohio Petroleum Co. et al., re­ C. Crady Davis et al. (Davis), proposes a favored-nation rate increase from 14.0006 sonable rates established by the Commission quest a retroactive effective date of August 1, cents to 15.0636 cents per Mcf for a sale of gas in Opinion No. 468, as amended, and should 1964, for Supplements Nos. 15 and 14 to their to Southern Union Gathering Co. in the San be suspended for 5 months as ordered herein. FPC Gas Rate Schedules Nos. 78 and 84, re­ Juan Basin Area of New Mexico under his [F.R. Doc. 69-4640; Filed, Apr. 21, 1969; spectively. Good cause has not been shown for FPC Gas Rate Schedule No. I. The rate on 8:45 a.m.]

CUMULATIVE LIST OF PARTS AFFECTED— APRIL

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 April

Page Page Page 3 CFR 7 CFR 8 CFR

P roclamations : 51—______—— _ 6180 214_. 6036 3908______6467 52______6437 238_. 6036 3909____ 6679 215______6515 316 a. 6036 220______6321 E x e c u t iv e O r d e r s : 319______— 6571 Sept. 7, 1917 (revoked in part 9 CFR 718— *—______— _____ 6235, 6572 by PLO 4604)______._ 6585 83______. - 6573 Sept. 27, 1917 (revoked in part 811—______6469 by PLO 4604)______6585 813 ______— 6321 P roposed R ules: 814 ______— 6031 8 76______— _ 6047 June , 1926 (revoked in part 849—______— 6237 by PLO 4604) ______6585 3 1 7 ______6284r 6538 Mar. 14, 1927 (revoked by PLO ' 862-______6651 4600) — ______6584 905—____ 6277 718 (revoked by PLO 4597) ___ 6584 906 ______6075, 6651 10 CFR 1357 (revoked by PLO 4623) „ 6689 907 ______6034, 6325, 6572 — 6037 1568 (revoked in part by PLO 908 ______6035, 6325, 6326, 6470, 6572,30_ 6729______— 6652, 6653 4625) — ____ _— ____ —— 6690 910______6181, 6437, 6470, 6681, 6729 31______6652 2067 (revoked in part by PLO 911— ______643832______6652, 6653 4596)______6583 912— —— __ :—— 6181, 6439, 6681 50______6037 4872 (revoked by PLO 4620) __ 6689 913— ______73______6182, 6439, — 6681 ___— 6277 5289 (revoked in part by PLO 944______— ______6516 115 ______6037 4602) ____ _„ ____ _ 6585 959______6439, 6573 150 ______6517 5327 (see PLO 4615) ______6658 966——______6326 Proposed R ules: 980— ——— — — — ______— — 6326 6276 (revoked in part by PLO 1 ______6002 987—— — —————___ 6471 4610) —_____ 6687 2______6002, 6540 1073______6516 6544 (revoked in part by PLO 50_ 6002,6540, 6599 1103______— 6516 4613)——— _____ 6657 115______— .__ 6002 1133————— — — ____ .1-— 6182 6583: 1430— ____——— —— —— — 6471 Revoked in part by PLO 1468— ,— *— _____ 6328 12 CFR 4610)___ 6687 201 _ — ------6417 Revoked in part by PLO 1472— — — ___— — ______— _ 6327 1601______6328 204— ______6329 4619—_____ —______6688 224 __ 6472 P roposed R ules: 7415 (see PLO 4620) ______6689 226______— __ 6417 8598 (revoked in part by PLO 28______6244 329 _ 6574 4617) 6688 81—— ______— ____ — _ 6283 . 6575 11248 (amended by EO 11463) _ 6029 508 362_— ____ 6106,6194 563 _ 6279 11368 (amended by EO 11464) _ 6233 913______6693 11462______L— ____ 5983 Ran 6329 932______6482 6329 11463__ 6029 980______—______6396 R54 ___ 11464— ————— — — _!_ 6233 1005—______6531 P roposed R ules: 11465— _____— ______— 6415 1009—— ______6531 6739 11466— ————— — _____ '6727 210 1036—______6531 217 . 6200 1060— ____ 6738 5 CFR 22R 6295 1064— ___ —— ____ ._;___ 6482 „ 6198 1079_____ 1______!—— — 6589 32Q 213______5985, f»2fi _ . 6199 6035, 6036, 6180, 6515, 6639, 6730 1125— — —— —— 6697 1103______— ______* 5998 545 6542 315____ —______— —__* 3639 _ 6543 550:1.___ _— ___ __ —_____ 5985, 6277 1138— ______6001 RR3 735-______—————— 6515 1201—L—— —— __ 6738 569______- 6200

FEDERAL REGISTER, VOL. 34, NO. 76— TUESDAY, APRIL 22, 1969 FEDERAL REGISTER 6759

14 CFR Page 21 CFR—Continued Page 3 9 CFR Page 39______— 6330, 148p------6420 2 0 1 ------6101 6375, 6376, 6472, 6518, 6519, 6639, 148v______6044 542------6190 6640, 6729 149d______6420 822____ 5989 71______5895, 5896 281------5987 832------6101 6038, 6075-6079, 6173, 6280, 6331, 320_____ 6685 P roposed R ules: 6376, 6473-6475, 6519, 6640, 6682, P roposed R ules: 132----- 5998 6683 3------6441 73______„______5986, 6079, 6080 41 CFR 75______'______6079 8------6396 0 9 « 4,7 e 120 __ 6442 5-1 ------._ 6192 97— i ____::::::::::::_6Ï74,6377,6641 121 ______6194, 6284, 6442 5-2----- 6192 208______6081 130______6443 5-3------______------___ 6192 214______6087 141------6443 5-53______;______5990 385______6091 141c_____„______6284 8 - 6 ------6730 1204______6393 146c______6284 8- 8 --i ------6730 146d______6284 8—1 2 ------6731 Proposed R ules : 146e______6284, 6443 8-18------6732 23______6195 9- 1------6578 25______6443 22 CFR 9-2— !— _____ 6578 29______6196 41------6479 9-3------6579 39______6398, 6659 9-6------6579 61______6112, 6484 24 CFR 9-7------6579 71______6001, 25 ______6421 9-8------6579 6122, 6197, 6288, 6289, 6486-6489, 200______6183, 6575 9-14—------——,______6579 6540, 6697, 6698 242______6183 9-18—------6579 .73______6050 1906______6421 9-58------6582 75______6289, 6660 12-3------6242 91------6196 P roposed R ules: 12-7------6243 121______6112, 6196, 6198, 6333, 6443 1907______6245 12-15------__------6243 123------6 4 1 3 12B-3------1 ______6687 127------_ 6196, 6198 26 CFR 50-201______6687 135------6195, 6198 601______6424 101-18------6732 225_____ 6489 P roposed R ules: 101-19------4______6192 298______6256 41— ______6244, 6333 15 CFR 4 2 CFR 29 CFR 81______6394, 6436 30______6183 372 ___ 6091 1504______6150 P roposed R ules: 373 _ 6092 P roposed R ules: 73------6047 379______6094 850______6396 76------6122 385______6096 81______6539 Proposed R ules 30 CFR 4 3 CFR 1000______6246, 6254 P roposed R ules: Public Land Orders: 16 CFR 14__.______6735 55 _____ 6737 191 (revoked in part by PLO 13------s______6039, 56 _J__. 6737 4607)______6587 6040, 6097-6100, 6393,6476-6478 57 ______6737 235 (revoked by PLO 4615) __ 6658 15------6519, 6654, 6655 261 (revoked in part by PLO 31 CFR 4607)______6587 17 CFR 881 (see PLO 4607)_____:___ 6587 l___ 82______6393 1227 (revoked in part by PLO 6478 205______6521 231___ 6575 4624) ______6690 240___ 6101 32 CFR 1273 (revoked in part by PLO 249, _ 6730 4607)______6587 279______I " ” 6730 198______5987 1564 (revoked in part by PLO 200______6375 Proposed R ules 4624)______6690 536 ______6241 2198 (revoked in part by PLO 240______6700 537 ______6433 4593)______6583 2400 (amended by PLO 4621) _ 6689 18 CFR 32A CFR 2548 (revoked by PLO 4595) __ 6583 141------6520 NSA (Ch. XVIII) : 2671 (revoked in part by PLO AGE 1______6522 4609) ______6656 19 CFR 2712 (revoked in part by PLO INS-1------6188, 6656 4624)------6690 1 ______6375 8______6418 33 CFR 2931 (revoked in part by PLO 10__ 6520, 6655 4624)------6690 16...... 1 110______5988, 6480, 6577, 6685 3707 (revoked in part by PLO 5986, 6418 117------^__ 5989, 6280 4605)------6586 21 CFR 204------6656 4498 (revoked in part by PLO 207______6480 4612)------6657 2 ______------6237 17_ 401__------6685 4513 (revoked by PLO 4608)_ 6587 ------6479 P roposed R ules : 4522 (see PLO 4615) ______6658 120_ 6041, 6239, 6418, 6419, 6655 117------6539 4582: 121__ - 6043, 6239, 6240, 6419, 6684 138_ Modified by PLO 4589_____ 6331 ______6043 36 CFR See PLO 4618______6688 141__ ------6420 4589 ------6331 145_ ------60447— ------6331, 6523 4590 ______6524 146_ ------6237P roposed R ules: 147_ 4591 _ 6524 ------6241 7------6283, 6660 4592 ______6583 6760 FEDERAL REGISTER

4 3 CFR—Continued Page 43 CFR—Continued page 47 CFR—Continued Page Public Land Orders—Continued 43______6526 P u b l ic L a n d O rders—C o n tin u e d 73______5996 4593 ______._____ 6583 4623 ______6689 81—______6527 4594 ______6583 4624 ______6690 83______- ______6527 4595 ______6583 4625 ______6690 87_____ 6528 4596 _ 6583 4626 ______6690 97—______6528 4627 ______;______6690 4597 ______6584 P roposed R ules: • 4598 ______6584 4628 ______— 6691 4599 ______6584 .4629______6691 63______6290 4600 ______6584 4630______6691 73______6293, 6397, 6698, 6699 4601 ______6585 4631-4___ 6691 95______- ______6293 4602 ______6585 4632______6692 97______6294, 6334 4603— ______6585 4604 ______6585 45 CFR 49 CFR 4605 ______-_____ 6586 40______5990 1 ______6395, 6692 4606 ______6587 121______6281 7______6436 4607 ______6587 173______- ______6437 4608 ______6587 46 CFR 371______6102 4609 ______-______6656 1033— ______5997, 4610—______6687 255— ______5991 6281, 6395, 6529, 6530, 6587, 6588, 4611 ______6657 309______5991 6733 P roposed R ules: 4612 __ 6657 P roposed R ules: 4613— ______6657 527 ______6502 4614______— 6657 528 ______6502 173______6290, 6444 4615 ______6658 537______—.______6502 371______6739 4616- ______6688 393______6001 4617—______— 6688 47 CFR 1048______6050 1307______- ___ 6296 4618 ______6688 0 ______,______6480, 6524 4619 ______6688 1 ______6480 4620 ______- ____ 6689 50 CFR 17______6480 28______6103, 6282, 6331, 6733 4621 ______6689 21______6525 4622 ______6689 33_____ 6104, 6105, 6282, 6332, 6529, 6734 » S it! ' *» ^<2 '¿~**~** 0Z~ *,£*S*£«'* s a ^'^''2**(L^yf' */%£■ *A. J&H,

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Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, researchers, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government. 00 per copy, Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.