WEDNESDAY, OCTOBER 27, 1971

WASHINGTON, D.C.

Volume 36 ■ Number 207

Pages 20569-20640

HIGHLIGHTS OF THIS ISSUE This listing does not affect the legal status of any document published in this issue. Detailed table of contents appears inside.

PEANUTS— USDA regulation proclaiming 1972 marketing quotas and acreage allotments; effec­ tive 10-26-71 ______- 20575

COTTON LOAN PROGRAM— USDA regulations on redemptions; effective 10-26-71------20577

BURLEY TOBACCO— USDA regulation on grade rates for advances to producers on 1971 crop; effective 10-26-71...... — ...... 20577

AIR CARRIERS— CAB regulation on use of rec­ ords on microfilm and microfiche; effective 10-27-71 ...... 20579

CONTRACT APPEALS— NASA regulations; effec­ tive 11-15-71______20580

UNFAIR TRADE PRACTICES— FTC cease and desist orders on false advertising (17 docu­ ments) ...... 20584-20596

ANTIBIOTIC DRUGS— FDA regulation revoking certification of 8 drugs; effective within 40 days unless stayed by objections______20597

INCOME TAX— 1RS regulations relating to examinations of incomes of churches...... 20599

AVAILABILITY OF RECORDS— EEOC rule setting schedule of fees; effective 10-27-71...... 20600

COAL MINE HEALTH AND SAFETY— Interior Dept, regulations for transfer of miners with evidence of pneumoconiosis...... 20600 Interior Dept, proposal of standards for illumi­ nation of working places of underground mines; comments within 45 days...... 20607

(Continued inside) 30-year Reference Volumes Consolidated Indexes and Tables

Presidential Proclamations and Executive Orders

Consolidated subject indexes and tabular finding aids to Presidential proclamations, Executive orders, and certain other Presidential documents promulgated during a 30-year period (1936-1965) are now available in two separately bound volumes, published under Title 3 of the Code of Federal Regulations, priced as follows:

Title 3, 1936—1965 Consolidated Indexes______:______$3. 50

Title 3, 1936-1965 Consolidated Tables______$5. 25

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

Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDERAL&pEGISTER on the day after an official Federal holiday), by the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. 20408, Area Code 202 * DlPhone----- « 962-8626 « « « pursuant to the authority contained in the Federal Register Act, approved July'26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I ) . Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. T h e F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o f F ederal R eg ulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of F ederal R egulations is sold by the Superintendent of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code of F ederal R egulations. HIGHLIGHTS— Continued

UNLAWFUL EMPLOYMENT PRACTICES— EEOC COAL MINE SAFETY— Interior Dept, notices on amendments on confidentiality; effective request for modification of safety standards (2 10-27-71 ...... 20600 documents); comments within 30 days____20617, 20618

ANCHORAGE GROUNDS— DoT regulation estab­ OIL IMPORT ALLOCATIONS— Interior Dept, lishing explosives anchorage; effective 1 1-26 - notice on timely filing of applications______20618 71 ...... 20603 POULTRY INSPECTION— USDA notice of desig­ HAZARDOUS MATERIALS— DoT amendment re nation of Virgin Islands; effective within 30 days . 20617 compressed gases in cylinders; effective 1 2-31 - 71 ______...... ______20604 NEW DRUG APPLICATIONS— FDA notice of withdrawal; effective 1 0-27-71______20619 BULK AMERICAN CHEESE FOR MANUFACTUR­ ING— USDA proposal to establish grade stand­ NEW ANIMAL DRUG— FDA proposal of with­ ards; comments within 30 days...... 20608 drawal of approval for drug gonadotropins; com­ ments within 30 days______20619 PUBLIC INFORMATION— HEW proposal to estab­ lish schedule of fees; comments within 30 days.. 20612 AIR FARES AND RATES— CAB notices on IATA agreements (4 documents)...... 20622, 20623 FOREIGN CURRENCIES— Customs Bur. list of rates of exchange - ...... 20613 POSTAL RATE COMMISSION— Notice of change ENVIRONMENTAL POLICY ACT— LEAA notice re of location______20631 implementation ...... 20613 PRESIDENT’S COMMISSION ON PERSONNEL ENVIRONMENT— Interior Dept, notice of avail­ INTERCHANGE— Notice of designation of official ability of draft statement for Navajo Project 20617 seal ...... - ...... 20631

Contents

AGRICULTURAL RESEARCH ATOMIC ENERGY COMMISSION CIVIL SERVICE COMMISSION SERVICE Notices Notices Consolidated Edison Company of Rules and Regulations ACTION; grant of authority to New York, Inc.: make noncareer executive as­ Piling and denial of petition for Cattle destroyed because of Bru­ signments (3 documents)______20623 cellosis, tuberculosis, or para- rule making------20621 Issuance of facility operating Archivist, Smithsonian Institu­ tuberculosis; payment of in­ license______20621 tion; manpower shortage; no­ demnities ______20578 Orders extending construction tice of listing______20623 permit completion dates: Department of the Interior; title AGRICULTURAL STABILIZATION Lowell Technological Institute-_ 20622 change in noncareer executive North Carolina State Univer­ assignment ______20623 AND CONSERVATION sity ______20622 SERVICE COAST GUARD CIVIL AERONAUTICS BOARD Rules and Regulations Rules and Regulations Rules and Regulations Peanuts; determination of acre­ Preservation of air carrier ac­ Anchorage grounds; explosives age allotments and marketing counts, records and memoranda; anchorage; Hassler Harbor, optional use of microfilm and/or quotas for 1969 and subsequent Alaska '______20603 microfiche______20579 crops______20575 Notices COMMODITY CREDIT Hearings, etc.: CORPORATION AGRICULTURE DEPARTMENT Domestic passenger-fare inves­ See Agricultural Research Serv­ tigation ------20622 Rules and Regulations International Air Transport As­ ice; Agricultural Stabilization sociation (2 documents)------20622, Cotton loan program; Form A loan and Conservation Service; Com­ 20623 redemptions------20577 modity Credit Corporation; Railroad carrier/long-haul mo­ Tobacco, burley; loan program— 20577 Consumer and Marketing Serv­ tor carrier application for air ( Continued on next page) ice. freight forwarder authority— 20623 20571 20572 CONTENTS

CONSUMER AND MARKETING FEDERAL RESERVE SYSTEM INTERIOR DEPARTMENT SERVICE Notices See also Hearings and Appeals Of­ Rules and Regulations Applications for approval of ac­ fice; Land Management Bu­ reau; Mines Bureau; Oil Import Lemons grown in California and quisition of shares of banks: American Bancorporation, Inc. 20628 Administration; Reclamation Arizona; handling limitation— 20576 Bureau. Meat inspection; designation of Bank Securities, Inc______20628 Virgin Islands under Federal Columbia Holding, Inc______20628 Rules and Regulations Meat Inspection Act-______20578 Schmidt, Jacob, Co______20630 Public contracts and property Milk in Chicago regional market­ First at Orlando Corp.; order ap­ management; reports______20603 ing area; shipping percentage.^ 20576 proving acquisition of bank stock by bank holding com­ Notices Proposed Rule Making pany ____ <______20629 Robert W. Thomas, Jr.; report of Bulk American cheese for manu­ Formation of one-bank holding appointment and statement of facturing; standards for grades. 20608 companies: financial interests______20618 Limes grown in Florida; hearing 1st Stan-Isle Company, Inc___ 20629 regarding marketing agreement S C National Corp______20630 INTERNAL REVENUE SERVICE Marine Bancorporation; proposed and order______20610 Rules and Regulations Notices retention of Coast Mortgage Com pany______20629 Employment taxes; rates of in­ Poultry inspection; designation of Midlantic Banks Inc.;, order on come tax withholding; marital Virgin Islands under Poultry request for reconsideration and status for purposes of withhold­ Products Inspection Act------20617 alternative proposal______20630 ing; correction______20598 U.S. Bancorp; proposed acquisi­ Procedure and administration; re­ CUSTOMS BUREAU tion of Securities-Intermoun- strictions on examination of Notices tain, Inc______20631 churches ______20599 Foreign currencies; rates of ex­ change ______20613 FEDERAL TRADE COMMISSION INTERNATIONAL JOINT Rules and Regulations COMMISSION— UNITED EDUCATION OFFICE Prohibited trade practices (17 STATES AND CANADA Proposed Rule Making documents)______20584-20596 Notices Public information; fee schedule__ 20612 FOOD AND DRUG Point Roberts, Wash.; initial pub­ lic hearing.______20631 EQUAL EMPLOYMENT ADMINISTRATION OPPORTUNITY COMMISSION - Rules and Regulations INTERSTATE COMMERCE Certain hydrochloride and baci­ COMMISSION Rules and Regulations tracin preparations for inhala- Availability of records; fees, tion, topical, or otic use; revoca­ Notices charges, and methods of pay­ tions ______.______20597 Assignment of hearings (2 docu­ ment ______20600 Notices ments) ______20635 Prevention of unlawful employ­ Motor carrier temporary authority Organon Inc., et al.; hew drug ment practices; procedure; con­ applications ______20636 fidentiality ______20600 applications; notice of with­ drawal of approval______20619 Parke, Davis & Co.; Synapoidin JUSTICE DEPARTMENT FEDERAL AVIATION Steri-Vial; opportunity for See Law Enforcement Assistance ADMINISTRATION hearing on proposal to withdraw Administration. approval of new-drug applica­ Rules and Regulations tion ______20619 LAND MANAGEMENT BUREAU Area high route; designation; correction ______20579 HAZARDOUS MATERIALS Notices Standard instrument approach REGULATIONS BOARD Idaho; partial termination of pro­ p r o c e d u r e s ; miscellaneous posed withdrawal and reserva­ amendments______20579 Rules and Regulations tion of lands______20617 Shippers; compressed gases hi cyl­ FEDERAL POWER COMMISSION inders ______20604 LAW ENFORCEMENT Notices HEALTH, EDUCATION, AND ASSISTANCE National Gas Survey Executive ADMINISTRATION Advisory Committee; order des- WELFARE DEPARTMENT ignating additional member____ 20624 See also Education Office; Food Notices Hearings, etc.: and Drug Administration. National Environmental Policy Barton, Charles A., Jr______20626 Notices Act of 1969; implementation and City of Ruston, La. and Arkan­ Office of Deputy Assistant Secre­ instructions______20613 sas Louisiana Gas Co______20624 tary for Field Management; or­ ganization, functions, and dele­ Inter-City Minnesota Pipelines MINES BUREAU gations of authority______20620 Ltd., Inc______20624 Rules and Regulations Metropolitan Edison Co.______20624 HEARINGS AND APPEALS Coal mine health and safety; pro­ Tennessee Gas Pipeline Co., and OFFICE cedures for transfer of miners Trunkline Gas Co______20625 with evidence of pneumoconi­ Texas Eastern Transmission Notices osis ______20600 Corp------20625 Imperial Coal Co.; petitions for modification of interim manda­ Proposed Rule Making Western Transmission Corp____ 20626 tory safety standard (2 docu­ Illumination in underground coal Wiser Oil Co. et al______20627 ments) ______20617, 20618 mines; standards------20607 CONTENTS 20573 n a t i o n a l aeronautics a n d POSTAL RATE COMMISSION TRANSPORTATION DEPARTMENT sp a c e administration Notices See Coast Guard; Federal Aviation Rules and Regulations Notice of change of location------20631 Administration; Hazardous M a­ terials Regulations Board. Contract appeals; procedures------20580 PRESIDENT’S COMMISSION ON PERSONNEL INTERCHANGE OIL IMPORT ADMINISTRATION TREASURY DEPARTMENT Notices Notices See Customs Bureau; Internal Applications for oil import alloca­ Designation of official seal------20631 Revenue Servicer tions ______20618 RECLAMATION BUREAU Notices Navajo Project, Arizona; avail­ ability of draft environmental statement------20617 SECURITIES AND EXCHANGE COMMISSION Notices Hearings, etc.: Continental Bank Security F u n d ______- 20632 Investment Company of Amer­ ica ____ 20632 Pennsylvania Electric Co------20633 Systematics Fund, Inc------20633 United Bank Fund------:— 20634 Wisconsin Gas Co------20634

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 following the Notices section of each issue beginning with the second issue of the month. A cumulative guide is published separately at the en d of each month. The guide lists the parts and sections affected by documents published since January 1, 1971, and specifies how they are affected.

7 CFR 16 CFR 3 0 CFR 20584-20596 90______...... 20600 729______— 20575 13 (17 documents)------910______20576 P roposed R u l e s : 1030______------20576 21 CFR 75______20607 1427______------20577 ______20597 1464______------20577 «£ ■ > ------20597 33 CFR Proposed R u l e s : 146e______20598 110 ...... 20603 58 20608 148n - 20598 110------911__ _ - _ 20610 41 CFR 2 6 CFR V _ _ 20603 9 CFR 31 ______20598 l 14“25— ...... 51______. 20599 _ _ _ 331 _ _ .... . ___20578 4 5 CFR 2 9 CFR P roposed R u l e s : 14 CFR 20612 T «n i __ 20600 I®*------75---- _ _ ...... 20579 ------...... 20600 97______20579 lbiU------4 9 CFR 249_ . _ 20579 1241 ... _ 20580 173...... __ 20604

20575

Rules and Regulations

ment for the current year. Preliminary § 729.16 Limitations on new farm allot­ Title 7— AGRICULTURE allotments shall be determined as ments. Chapter VII— Agricultural Stabiliza­ fo llo w s : (a) Not more than 1 per centum of the (a) If a farm allotment was not estab­ State acreage allotment shall be appor­ tion and Conservation Service lished for the preceding year for a farm tioned among new farms. (Agricultural Adjustment), Depart­ which was eligible to receive an allotment ***** for such year, the county committee ment of Agriculture 5. Section 729.18 is revised to read as sht)ll determine an acreage for the farm SUBCHAPTER B— FARM MARKETING QUOTAS follows: which shall be the preceding year farm AND ACREAGE ALLOTMENTS allotment for purposes of establishing a § 729.18 Establishment o f State reserve [Arndt. 10] preliminary allotment for the farm. Such for new farms. acreage shall be established in accord­ PART 729— PEANUTS In addition to the acreage established ance with the marketing quota regula­ in the State reserve for correction, missed Subpart— Regulations for Determina­ tions applicable to the crop of peanuts farms and inequities under § 729.13, the produced in the preceding year. tion of Acreage Allotments and State committee may establish a State Marketing Quotas for 1969 and (b) For each farm the county com­ reserve for new farms based on estimated Subsequent Crops of Peanuts mittee shall compare the preceding year requirements in an amount not to exceed farm history acreage with the farm al­ 1 per centum of the State allotment. M iscellaneous A m e n d m e n t s lotment established for such year, and 6. Section 729.20 is revised to read as On page 17872 of the F ederal R eg ister if the farm peanut history acreage is of September 4,1971, there was published less than 75 percent of the farm allot­ follows: a notice of proposed rule making to issue ment, determine the average of the farm § 729.20 Establishing new farm allot­ an amendment implementing Public Law peanut allotment and the farm peanut ments for eligible applicants lacking 92-62 and making miscellaneous changes history acreage for the preceding year. experience. The average so determined shall be the for determination of acreage allotments If the total of the acreage required to preliminary allotment for the farm for and marketing quotas for 1969 and sub­ establish allotments for all new farms the purpose of determining the farm al­ sequent crops of peanuts. Interested per­ in the State which are eligible under lotment for the current year. sons were given 15 days after publication § 729.19, is less than the acreage avail­ of such notice in which to submit written (c) The preliminary allotment for able in the State reserve under § 729.16, data, views, and recommendations with each old farm shall be the preceding for establishing such allotments, the bal­ respect to the proposed rule making. year farm allotment minus any adjust­ ance, upon approval by the State com­ There were no data, views, and recom­ ment made pursuant to paragraph (b) mittee, shall be available for establishing mendations submitted pursuant to said of this section. new farm allotments for farms for which notice and the proposed rule making is 3. Section 729.13 is revised to read as a written application is filed by the farm adopted. follows: operator at the office of the county com­ The marketing of peanuts of the 1971 mittee on or before March 1 of the year crop is now underway and it is essential § 729.13 Reserve for corrections, missed for which the allotment is requested and that the basic penalty rate for the 1971 farms, and inequities. the conditions of eligibility of paragraphs crop be announced immediately. Accord­ (a) The State committee may estab­ (a) and (b) (2) through (6) of § 729.19 ingly, it is hereby determined and found lish a reserve acreage for the correction are met. Such farm operators are not that compliance with the 30-day effective of errors in farm allotments and to estab­ required to meet the peanut experience date requirements of 5 U.S.C. 553 is im­ lish allotments for missed farms and for requirement of § 729.19(b) (7). practicable and contrary to the public inequities. Such acreage shall not ex­ 7. Paragraph (c) of § 729.33 is revised interest and this document shall be made ceed 10 percent of the State allotment to read as follows: effective upon filing with the Director, and shall first be used for correction of Office of the Federal Register. §729.33 Issuance of marketing cards. errors and for missed farms, to the ex­ * * * * * (Secs. 358, 368a, 859, 375, 55 Stat. 88, as tent available, before considering any amended, 81 Stat. 658, as amended, 55 Stat. adjustments for inequities. (c) Within quota card. A farm is eligi­ 90 as amended, 52 Stat. 66, as amended; 7 ble for a within quota card where the U.S.C. 1358, 1358a, 1359, 1375) (b) The State committee may make acreage from the State reserve estab­ final acreage is not in excess of the effec­ The amendment is as follows: lished under this section available to the tive farm allotment and, in the case of 1. Subparagraph (5) of paragraph (b) county committees for making upward federally-owned land, is not in excess of § 729.6 is revised to read as follows: adjustments in farm allotments. The of the smaller of the effective farm allot­ county committee shall examine the pre­ ment or the acreage permitted by the § 729.6 Definitions. lease or operating agreement. A farm ***** ceding year’s farm allotment for each farm and may adjust such allotment up­ is also eligible for a within quota card (b) Peanut program terms. * * * ward if it determines that such action based on a producer’s initial certification (5) Director. The Director or Actingis necessary to obtain an allotment for where a producer has peanuts ready for Director of the Commodity Stabilization the farm which is equitable when com­ market, but has not completed digging Division, Agricultural Stabilization and pared with other similar old farms in the all peanuts and cannot make a final cer­ Conservation Service, U.S. Department locality. Upward adjustments shall be tification of dug acreage. of Agriculture. made on the basis of the farm peanut his­ 8. A new paragraph (d) is added to * * * * * tory acreage for the base period; labor § 729.43 to read as follows: 2. Section and equipment available for the produc­ 729.12 is revised to read as § 729.43 Penally rate. follows: tion of peanuts; crop-rotation practices; * * * * * and soil and other physical factors affect­ § 729.12 Determination of preliminary ing the production of peanuts. (d) 1971 crop. The basic support price allotment. for peanuts for the marketing year begin­ For each old farm the county commit- 4. Paragraph (a) of § 729.16 is revised ning August 1, 1971, and ending July 31, tee shall determine a preliminary allot­ to read as follows: 1972, is $268.50 per ton or 13.42 cents per

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20576 RULES AND REGULATIONS pound. Therefore, the basic penalty rate tice, engage in public rule-making pro­ the seasonally short production months for the 1971 crop of peanuts is 10.1 cents cedure, and postpone the effective date of of September-November more than one- per pound. this amendment until 30 days after pub­ half of the receipts of milk at distribut­ lication hereof in the F e d e r a l R e g is t e r 9. Section 729.69 (u) (3) is revised to ing plants in this market are obtained (5 U.S.C. 553) because the time inter­ from supply plants. read as follows: vening between the date when informa­ Many operators of distributing plants § 729.69 Terms and conditions applica­ tion upon which this amendment is based in the market have arrangements with ble to transfers under section 358a became available and the time when this specific supply plants to obtain supple­ o f the act. amendment must become effective in mental supplies. Over one-half of the * * * * * order to effectuate the declared policy of shipments of supply plant milk in the (u) County committee action. * * * the act is insufficient, and this amend­ market, however, is coordinated through (3) Cancellation of transfers. Anyment relieves restriction on the handling one agent. Most of the milk supply for transfer approved on the basis of incor­ of lemons grown in California and distributing plants in the metropolitan rect information furnished by the parties Arizona. Chicago segment of the market is ob­ to the transfer agreement or approved (b) Order, as amended. The provisiontained through such agent. The agent due to error by the county committee in paragraph (b) (1) of § 910.803 (Lemon arranges the shipments from among a shall be canceled as of the date of ap­ Reg. 503, 36 F.R. 20149) during the pe­ large group of supply plants so as to proval. However, such cancellation shall riod October 17, 1971, through October qualify such plants for pool status. Most not be effective for the current market­ 23, 1971, is hereby amended to read as of these plants are operated by coopera­ ing year if: follows: tive associations that handle much of the reserve milk supplies associated with (i) The transfer approval was made on § 910.803 Lemon regulation 503. the market. the basis of incorrect information un­ * * * * * knowingly furnished in good faith by the During September 1971 distributing parties to the transfer agreement, or the (b) Order. (1) * * * 201,300 cartons. plants utilized 41.5 percent of the milk transfer approval was made in error by * * * * * associated with this group of supply the county committee, and (Secs. 1—19, 48 Stat. 31, as amended; 7 U.S.O. plants. The agent estimates that for Oc­ (ii) The parties to the transfer agree­ 601-674) tober, however, shipments of milk from such plants to pool distributing plants ment were not notified of the cancella­ Dated: October 21, 1971. tion prior to planting of the crop. will fall below 40 percent of the receipts P a u l A . N i c h o l s o n , at the supply plants. Where cancellation of a transfer is re­ Deputy Director, Fruit and Veg­ Class I sales are expected to be about quired, the county committee shall issue etable Division, Consumer and 5 percent below normal this October be­ revised notices of allotment showing the Marketing Service. cause of fewer sales days. (There are reasons for cancellation. five Sundays and two holidays.) Qualify­ [FR Doc.71-15603 Filed 10-26-71;8:50 am] Effective date: Date of filing with the ing shipments will be reduced due to an Director, Office of the Federal Register. order amendment to account for ship­ ments on the basis of the day they are Signed at Washington, D.C., on Oc­ Chapter X— Consumer and Marketing received at the distributing plant instead tober 20,1971. Service (Marketing Agreements and of the day of the shipment from the sup­ K e n n e t h E . F r i c k , Orders; Milk), Department of Agri­ ply plant. (Many shipments are loaded Administrator, Agricultural Sta­ culture out of supply plants late in the day and bilization and Conservation [Milk Order 30] arrive at distributing plants after Service. midnight.) [PR Doc.71-15608 Piled 10-26-71;8:54 am] PART 1030— MILK IN THE CHICAGO In this market situation the 40 percent REGIONAL MARKETING AREA shipping requirement for October en­ courages handlers to modify normal Chapter IX— Consumer and Market­ Temporary Revision of Shipping marketing practices to maintain pool ing Service (Marketing Agreements, Percentage plant status. One handler has routed and Orders; Fruit, Vegetables, some of his direct receipts of producer This temporary revision is issued pur­ milk at his distributing plant through his Nuts), Department of Agriculture suant to the provisions of the Agricul­ supply plant to insure that the propor­ [Lemon Regulation 503, Amdt. 1] tural Marketing Agreement Act of 1937, tion of milk shipped from the supply as amended (7 U.S.C. 601 et seq), and plant is sufficient to qualify the supply PART 910— LEMONS GROWN IN the provisions of § 1030.11(b)(6) of the plant. CALIFORNIA AND ARIZONA order regulating the handling of milk in It is concluded that it is necessary to the Chicago regional marketing area. Limitation of Handling decrease the shipping percentage by Notice of proposed rule making was io percentage points for the month of (a) Findings. Cl) Pursuant to the published in the F e d e r a l R e g is t e r (36 October 1971 to prevent uneconomic marketing agreement, as amended, and F.R. 20046) concerning a proposed de­ shipments. Order No. 910, as amended (7 CFR Part crease in the supply plant shipping per­ It is hereby found and determined that 910; 36 F.R. 9061), regulating the han­ centage for the month of October 1971. 30 days’ notice of the effective date dling of lemons grown in California and Interested persons were afforded an op­ hereof is impractical, unnecessary and Arizona, effective under the applicable portunity to file written data, views, and contrary to the public interest in that: provisions of the Agricultural Marketing arguments thereon. None were filed in (a) This temporary revision is neces­ Agreement Act of 1937, as amended (7 opposition. sary to reflect current marketing condi­ U.S.C. 601-674), and upon the basis of After consideration of all relevant ma­ tions and to maintain orderly marketing the recommendations and information terial, including the proposal set forth conditions in the marketing area in that submitted by the Lemon Administrative in the aforesaid notice, data, views, and during October 1971 it will enable sup­ Committee, established under the said arguments filed thereon, and other avail­ ply plants to qualify as a pool plants amended marketing agreement and able information, it is hereby found and under the order without making un­ order, and upon other available infor­ determined that for the month of Oc­ economic shipments to pool distributing mation, it is hereby found that the limi­ tober 1971 the supply plant shipping per­ plants; tation of handling of such lemons, as centage of 40 percent set forth in § 1030.- (b) This temporary revision does not hereinafter provided, will tend to effec­ 11(b) (4) shall be decreased to 30 percent. require of persons affected substantial tuate the declared policy of the act. To fulfill their fluid milk requirements, or extensive preparation prior to the (2) It is hereby further found that distributing plants obtain milk from sup­ effective date; and it is impracticable and contrary to the ply plants to supplement their receipts (c) Notice of proposed rule making public interest to give preliminary no- of milk directly from producers. During was given interested parties and they

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 RULES AND REGULATIONS 20577 were afforded opportunity to file written person(s) or his transferee (hereinafter PART 1464— TOBACCO data, views, or arguments concerning called the buyer), on Form 813. If the this temporary revision. buyer executes and files the Form 813 Subpart A— Tobacco Loan Program Therefore, good cause exists for mak­ with the county office, the buyer shall A dvance S c h e d u le be obligated to redeem the cotton speci­ ing this temporary revision effective On September 4, 1971, there was pub­ October 1,1971. fied on such form on or before the matu­ rity date of the loan on such cotton. lished in the F ederal R eg ister (36 F.R. It is therefore ordered, That the afore­ CCC will use its best efforts to make cer­ 17874) a notice of proposed rule making said provision of the order is hereby re­ tain that the cotton is not redeemed by setting forth the proposed price support vised for October 1971. anyone other than the buyer and to pro­ advance rates for 1971-crop burley (Secs. 1-19, 48 Stat. 31, as am ended; 7 U.S.C. vide for the delivery to the buyer of the tobacco along with information to aid 601-674) warehouse receipts (and the classification persons desiring to submit comments and recommendations. Interested parties Effective date: October 1, 1971. memorandums, if requested) covering the cotton, on payment to the county of­ were given the opportunity to submit Signed at Washington, D C., on Octo­ fice of the loan, interest, and charges, or, within 25 days data, views, and recom­ ber 20,1971. if it was requested that the documents mendations with regard to the proposed H. L. F o r est, be forwarded to a bank for payment, on loan rates. Director, Dairy Division, payment of the loan, interest, and Comments were received only from Consumer and Marketing Service. charges within 5 business days after the three producer associations. Two of the [PR Doc.71-15565 Filed 10-26-71;8:49 am] documents are received by the bank. All associations recommended that the pro­ charges assessed by the bank to which posed advance rates be adopted. The the documents are sent must be paid by other association suggested that the rates Chapter XIV— Commodity Credit Cor­ the buyer. Redemptions will not be per­ should be modified so as to result in a poration, Department of Agriculture mitted after the maturity date of the wider spread between the rates for higher loan. On failure of the buyer to redeem quality grades and the rates for lower SUBCHAPTER B— LOANS, PURCHASES, AND all such cotton: quality grades. This point of view has OTHER OPERATIONS (1) At CCC’s election, title to the cot­ been considered. It is concluded, how­ [Cotton Loan Program Regs., Arndt. 1] ton shall, without a sale thereof, im­ ever, that, if modified as suggested, the advance rates would not reflect the rela­ PART 1427— COTTON mediately vest in CCC, and CCC shall have no obligation to pay for any market tive value of the grades to each other as Subpart— Cotton Loan Program value which such cotton may have in indicated by market prices in recent Regulations excess of the amount of the loan thereon, years. plus interest and charges. Therefore, the proposed advance rates F orm A L o a n R e d e m p t io n s (2) At CCC’s election, CCC is author­ are adopted without change and are as The Cotton Loan Program Regulations ized, without notice to the buyer, to sell, shown below: issued by Commodity Credit Corpora­ transfer and deliver the cotton or docu­ § 1464.21 1971 Crop— Burley tobacco, tion, 7 CFR 1427.1-1427.28, published in ments evidencing title thereto, at such type 31, advance schedule.1 36 F.R. 13981-13987, are amended as set time, and in such manner, and upon such forth below by deleting the first, sentence terms and conditions as CCC may de­ [Dollars per hundred pounds, farm sales of paragraph (c) of § 1427.25, relating to termine, at any cotton exchange, or else­ w eight] the release generally of warehouse re­ where, or through any agency, at public Advance Advance ceipts, and placing it in a new paragraph or private sale, for immediate or future Grade Bate Grade Rate (d), and by revising the remainder of delivery, and without demand, advertise­ B1F ___ 77.25 B 5 G R ___ ------51.25 paragraph (c) to (1) eliminate the 30- ment, or notice of the time and place of B 2 F ______76.25 T 3 F ______------73.25 day limitation on the validity of Form sale or adjournment thereof or other­ B 3 F ______75.25 T4F ____ 69.25 B 4 F ______74.25 T 5 F ____ CCC-813 and the requirement for re­ wise: and, upon such sale, CCC may be­ ___ 66.25 B 5 F ____ 73.25 T3FR ____ 69.25 demption within 5 days after delivery come the purchaser of the whole or any B1FR ____ 73.25 T4FR ______67.25 of Form CCC-813 to the county office, part of such cotton at its market value, B2FR ___ 72.25 T5FR __ -_ _ 64.25 (2) provide that if a buyer files Form as determined by CCC. Any overplus re­ B3FR _ ____ 71.25 T 3 R ______63.25 CCC-813 with the county office he will maining from the proceeds received B4FR _ 70.25 T 4 R ______60.25 be obligated to redeem all cotton covered therefrom, after deducting from such B5FR __ 68.25 T 5 R ______55.25 by the form no later than the loan proceeds the amount of the loan on such BIB ______"1.25 T 4 D ______54.25 maturity date, and (3) provide CCC with cotton, plus interest and charges, shall be B 2 R ______69.25 T 5 D ______51.25 B 3 R ______68.25 T 4 K ______53.25 adequate remedies in the event of default paid to the buyer or his personal repre­ B 4 R ______67.25 by the buyer. T 5 K ______50.25 sentative without right of assignment to B5R ______64.25 T 4V F ______66.25 Since farmers are now harvesting 1971 or substitution of any other person. If the B4D ______55.25 T 5 V F ______62.25 crop cotton, it is essential that the regu­ proceeds from the sale do not cover the B 5 D ______51.25 T 4V R ______57.25 lations be made effective as soon as pos­ amount of the loan on such cotton, plus B 3 K ______69.25 T 5V R ______52.25 sible. It is found and determined that interest and charges, the buyer shall be B 4 K ______- _ 66.25 T 4 G F ___ __ 59.25 B5K ____ 60.25 T 5 G F ___ compliance with the notice of proposed liable to CCC for any difference. ____ 54.25 rule making procedure is impracticable B3M ______72.25 T 4 G R ______51.25 (d) Warehouse receipts will not be re­B4M ______69.25 T 5 G R ______48.25 and contrary to the public interest. leased except as provided in paragraphs B5M ___ . 62.25 C 1 L ______80.25 Therefore, this amendment is being is­ ( a ) , ( b ) , and (c) of this section. B3VF ______73.25 C 2 L ______79.25 sued without following such proposed B4VF _ _ 70.25 C3L ______78.25 (Secs. 4, 5, 62 Stat. 1070, as am ended; secs. B5VF _ _ 67. 25 C4L ______77.25 rule making procedure and shall be ef­ 101, 103, 401, 63 Stat. 1051, as am ended; 15 B 3 V R ____ 64. 25 C5L ______76.25 fective upon filing with the Office''of U.S.C. 714 b, c; 7 U.S.C. 1441, 1421, 1444) B 4 V R ______62.25 C 1 F ______80.25 B5VR _ ____ 59.25 C2F ____ Federal Register. The revised paragraph Effective date. This amendment shall - _ 79.25 B 3 G F ___ 66.25 C 3 F ______78.25 (c) and the new paragraph (d) read become effective upon filing with the B 4 G F ______64.25 C 4 F ______77.25 as follows: Office of the Federal Register for B 5 G F __ 60. 25 C5F ______76.25 ___ 57.25 publication. B 3 G R __ C 3 K ____ _ 73.25 § 1427.25 Repayment of loan. B 4 G R ____. _ 54.25 C 4 K ______71.25 * * * * Signed at Washington, D.C., on Oc­ (c) A producer or his authorized agent tober 20,1971. 1 Only the original producer is eligible to may enter into an agreement with a K e n n e t h E. F r ic k , receive advances. Tobacco graded “U” (un­ Person or persons to redeem his cotton Executive Vice President, sound), “W ” (wet), “No-G” (no grade), or Commodity Credit Corporation. scrap will not be accepted. Cooperatives are and may authorize the release of the authorized to deduct 25 cents per hundred applicable warehouse receipts to such [FR Doc.71-15606 Filed 10-26-71;8:53 am] pounds to apply against overhead costs.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 No. 207------2 20578 RULES AND REGULATIONS

Advance Advance Alaska, Hawaii, Puerto Rico, and the given that the Secretary of Agriculture Grade Rate Grade Rate Virgin Islands where no payment for any designates said Territory under section C 5 K ______65.25 X 4M — ____ 73.25 animal destroyed shall exceed $100. Ap­ 301(c) of the Act as a jurisdiction in ____ 74.25 ____ 66.25 C3M ____ X 5M praisals and reports of salvage are not C4M ______72.25 X 4 G ____ 67.25 which the requirements of titles I and IV C 5 M ______68.25 X 5 G ____ 60. 25 required. Proof of slaughter is required. of the Act shall apply to intraterritorial C3V ______76.25 M 1 F ______77.25 Post-mortem reports will be accepted as operations and transactions and to per­ C 4 V ______74.25 M 2F — ____ 76.25 proof of slaughter. sons, firms, and corporations engaged C 5 V ____ 69.25 M 3 F ____ 75.25 * * * * * therein with respect to meat products C 4 G ______63.25 M 4 F ______71.25 (Secs. 3, 4, 5, 23 Stat. 32, as amended, secs. and other articles and animals subject to C 5 G ______58.25 M5F ______68.25 1 and 2, 32 Stat. 791-792, as am ended, sec 3, the Act. Upon, the expiration of 30 X 1 L ______80.25 M 3FR - - ____ 64.25 33 Stat. 1265, as amended, sec. 2, 65 Stat. 693, days after publication of this notice in X 2 L ______79.25 M4FR ______60. 25 sec. 11, 58 Stat. 734, as am ended, sec. 3, 76 F e d e r a l R e g is t e r , X 3 L ______78.25 M 5FR ______55.25 the the provisions of ■5T4T. 77.25 NIT. 70.25 Stat. 130; 21 U.S.C. 111-113, 114, 114a, 114a-l, titles I and IV of said Act shall apply to 120, 121,125, 134b; 29 F.R: 16210, as am ended) X5L______76.25 N 2 L ______62. 25 intraterritorial operations and transac­ X 1 F ______... 80.25 N 1 F ______64.25 The purpose of this amendment is to tions and to persons, firms, and corpora­ 50.25 X 2 F ______79.25 N 1R _____ bring the amount of Federal indemnity tions engaged therein, in the Virgin Is­ ____ 78.25 N 2 R ------. . . 44.25 X 3 F ______which may be paid for animals which lands of the United States, to the same X 4 F ______77.25 N I G ______48.25 react to the test for brucellosis more extent and in the same maimer as if X 5F ____ . 76.25 N 2 G ______44.25 nearly into line with the existing eco­ such operations and transactions were The material previously appearing un­ nomic conditions. conducted in or for “commerce,” within the meaning of the Act, and any estab­ der § 1464.21 remains applicable to the The foregoing amendment should be lishment in the Virgin Islands of the crop to which it refers. made effective promptly in order to fa ­ United States which conducts any cilitate the Federal-State cooperative Effective date: Date of filing with the slaughtering or preparation of carcasses brucellosis control eradication programs. Office of the Federal Register. or parts or products thereof as described Accordingly, under the administrative above must have Federal inspection or Signed at Washington, D.C., on Octo­ procedure provisions in 5 U.S.C. 553, it is cease its operations, unless it qualifies ber 20, 1971. found upon good cause that notice and for an exemption under section 23(a) or K e n n e t h E. F r i c k , other public procedure concerning the 301(c) of the Act. The exemption pro­ Executive Vice President, amendment are impracticable and un­ visions of the Act are very limited. Commodity Credit Corporation. necessary, and good cause is found for Therefore, the operator of each such [PR Doc.71-15607 Piled 10-26-71;8:53 am] making the amendment effective less establishment who desires to conduct than 30 days after publication in the such operations after designation of the F e d e r a l R e g is t e r . Territory becomes effective should im­ Effective date. The foregoing amend­ mediately communicate with the Re­ Title 9— ANIMALS AND ment shall become effective upon pub­ gional Director for Meat and Poultry lication in the F e d e r a l R e g is t e r (10- Inspection, as listed below, for informa­ ANIMAL PRODUCTS 27-71). tion concerning the requirements and Chapter I— Agricultural Research Done at Washington, D.C., this 20th exemptions under the Act and applica­ Service, Department of Agriculture day of October 1971. tion for inspection and survey of the establishment: F . J . M u l h e r n , SUBCHAPTER B— COOPERATIVE CONTROL AND Dr. N. B. Isom, Director, Southeastern Re­ ERADICATION AND ANIMAL PRODUCTS Acting Administrator, gion fo r M eat and Poultry Inspection Agricultural Research Service. PART 51— CATTLE DESTROYED BE­ Program, Room 216, 1718 Peachtree Street, [FR Doc.7-15605 Filed 10-26-71;8:50 am] NW., Atlanta, G A 30309. CAUSE OF BRUCELLOSIS (BANG’S Telephone: A O 404/526-3911. DISEASE), TUBERCULOSIS, OR Accordingly, § 331.2 of the regulations PARATUBERCULOSIS Chapter III— Consumer and Marketing under the Federal Meat Inspection Act Service (Meat Inspection), Depart­ Payment of Indemnities is amended pursuant to said Act by add­ ment of Agriculture ing the following State name (in alpha­ Pursuant to the provisions of sections betical order) and effective date of SUBCHAPTER A— MEAT INSPECTION 3, 4, 5, It, and 13 of the Act of May 29, designation to the list set forth in said REGULATIONS 1884, as amended, sections 1 and 2 of the section: Act of February 2, 1903, as amended, PART 331— SPECIAL PROVISIONS FOR State and effective date of designation section 3 of the Act of March 3, 1905, as DESIGNATED STATES AND TERRI­ Virgin Islands of the United States, Novem­ amended, and section 3 of the Act of TORIES; AND FOR DESIGNATION OF July 2,1962 (21 U.S.C. 111-113,114,114a, ber 27, 1971. 114a-l, 120, 121, 125, and 134b), para­ ESTABLISHMENTS WHICH ENDAN­ This amendment of the regulations is graph (a) of § 51.2 in Part 51, Chapter GER PUBLIC HEALTH AND FOR necessary to reflect the determination of I, Title 9, Code of Federal Regulations, SUCH DESIGNATED ESTABLISH­ the Secretary of Agriculture under sec­ is amended to read: MENTS tion 301(c) of the Federal Meat Inspec­ tion Act. It does not appear that public § 51.2 Payment to owners for cattle de­ Notice of Designation of Virgin Islands stroyed. participation in this rule making pro­ ceeding would make additional informa­ (a) Brucellosis. Owners of cattle which Statement of considerations. The Sec­ retary of Agriculture has determined, tion available to the Secretary. There­ are destroyed because of brucellosis may be paid an indemnity by the Department after consultation with appropriate offi­ fore, under the administrative procedure cials of the Territory of the Virgin Is­ for each animal so destroyed not to ex­ provisions in 5 U.S.C. 553, it is found ceed $50 for any grade animal or $100 lands of the United States, that said upon good cause that such public proce­ Territory has not developed or activated for any purebred animal1 except in dure is impracticable and unnecessary, requirements at least equal to those under titles I and IV of the Federal Meat and good cause is found for making this 1 Cattle presented for payment as pure­Inspection Act (21 U.S.C. 601 et seq.), amendment effective less than 30 bred shall be accompanied by their registra­ with respect to establishments within days after publication in the F ederal tion papers, or shall be paid for as grades: said Territory at which cattle, sheep, R e g is t e r . Provided, however, That if the registration swine, goats, or equines are slaughtered, papers are temporarily not available or if the This amendment and the notice given or their carcasses, or parts or products cattle are less than 3 years old and un­ hereby shall become effective upon pub­ registered, the appropriate veterinarian in thereof, are prepared for use as human charge may grant a reasonable time for the food, solely for distribution within said lication in the F e d e r a l R egister presentation of their registration papers. Territory. Therefore, notice is hereby (10-27-71).

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 RULES AND REGULATIONS 20579

Done at Washington, D.C., on October recently adopted by the Administrator to ing SD F-LO C -LD A SIAP’s effective No­ vember 25, 1971. 20, 1971. promote safety at the airports concerned. R ich ar d E. L y n g , The complete SIAP’s for the changes Nantucket, Mass.— Nantucket Memorial Air­ Assistant Secretary. and additions covered by this amend­ port; LOC (BC) Runway 6, Amdt. 2; ment are described in FAA Forms 3139, Revised. [PR D oc.71-15566 Piled 10-26-71;8:51 am ] 8260-3, 8260-4, or 8260-5 and made a Newport News, Va.— Patrick Henry Airport; part of the public rule making dockets L O C (B C ) R u nw ay 24, Am dt. 5; Revised. of the FAA in accordance with the pro­ 4. Section 97.27 is ¿mended by estab­ Title 14— AERONAUTICS cedures set forth in Amendment No. 97- lishing, revising, or canceling the follow­ 696 (35 F.R. 5609). ing NDB/ADF SIAP’s, effective Novem­ SIAP’s are available for examination ber 25, 1971. AND SPACE at the rules docket and at the National Chapter I— Federal Aviation Adminis­ Flight Data Center, Federal Aviation Ad­ Albert Lea, Minn.— Albert Lea Municipal Airport; NDB Runway 16, Amdt. 1; tration, Department of Transportation ministration, 800 Independence Avenue Canceled. SW., Washington, DC 20590. Copies of [Airspace Docket No. 71-WA-3] Alexander City, Ala.— Thomas C. Russell SIAP’s adopted in a particular region are Field; NDB-A, Amdt. 3; Revised. PART 75— ESTABLISHMENT OF JET also available for examination at the Brookings, S. Dak.— Brookings Airport; NDB ROUTES AND AREA HIGH ROUTES headquarters of that region. Individual R u n w ay 12, Am dt. 4; Revised. copies of SIAP’s may be purchased from Gadsden, Ala.— Gadsden Municipal Airport; Designation of Area High Routes; the FAA Public Document Inspection NDB Runway 6, Amdt. 6; Revised. Correction Middletown, Del.— Summit Airpark; NDB-A, Facility, HQ-405, 800 Independence Ave­ Original; Established. nue SW., Washington, DC 20590, or from On August 21, 1971, F.R. Doc. 71-12234 Nantucket, Mass.— Nantucket Memorial Air­ the applicable FAA regional office in ac­ port; N D B R u n w ay 24, Am dt. 5; Revised. was published in the F ederal R egister cordance with the fee schedule prescribed Newport News, Va.— Patrick Henry Airport; (36 F.R. 16506) effective October 14, in 49 CFR 7.85. This fee is payable in ad­ NDB Runway 6, Amdt. 15; Revised. 1971. ; vance and may be paid by check, draft, 5. Section 97.29 is amended by estab­ This document amended part 75 of or postal money order payable to the the Federal Aviation Regulations, in lishing, revising, or canceling the follow­ Treasurer of the United States. A weekly ing ILS SIAP’s, effective October 21,1971. part, by adding area high route J912R. transmittal of all SIAP changes and ad­ The first waypoint was incorrectly listed ditions may be obtained by subscription Palmdale, Calif.— Palmdale Production FLT/ as Greater Southwest, Tex., 32 49 10/97 at an annual rate of $125 per annum Test Installation AP Plant No. 42; ILS R u nw ay 25, Am dt. 3; Revised. 02 28, Ardmore^ Okla., rather than from the Superintendent of Documents, Greater Southwest, Tex., 32 49 10/97 02 U.S. Government Printing Office, W ash­ 6. Section 97.29 is amended by estab­ 28, Greater Southwest, Tex. Therefore, ington, D.C. 20402. lishing, revising, or canceling the follow­ action is taken herein to correct this Since a situation exists that requires ing ILS SIAP’s, effective November 25, waypoint listing. immediate adoption of this amendment, 1971. Since this amendment is editorial in I find that further notice and public pro­ Memphis, Tenn.— Memphis International nature and no substantive change in the cedure hereon is impracticable and good Airport; IL S R u nw ay 17L, Original; regulation is effected, notice and public cause exists for making it effective in less Established. procedure thereon are unnecessary, and than 30 days. Nantucket, Mass.— Nantucket Memorial Air­ good cause exists for making this amend­ In consideration of the foregoing, Part port; ILS Runway 24, Amdt. 7; Revised. ment effective on less than 30 days 97 of the Federal Aviation Regulations is Newport News, Va.— Patrick Henry Airport; notice. amended as follows, effective on the dates ILS Rim way 6, Amdt. 19; Revised. In consideration of the foregoing, ef­ specified: (Secs. 307, 313, 601,1110, Federal Aviation Act fective upon publication in the F ederal 1. Section 97.21 is amended by estab­ o f 1958; 49 U.S.C. 1438, 1354, 1421, 1510, sec. Register, F.R. Doc. 71-12234 (36 F.R. lishing, revising, or canceling the fol­ 6(c) Department of Transportation Act, 49 16506) is amended as hereinafter set lowing L/MF SIAP’s, effective Novem­ U.S.C. 1655(c) and 5 U.S.C. 552(a)(1)) forth. ber 25, 1971. Issued in Washington, D.C., on Octo­ In J912R Dallas, Tex., to Chicago, 111., Unalakleet, Alaska— Unalakleet Airport; ber 19, 1971. the first waypoint listing “Greater South­ L F R -A , Arndt. 14; Revised. J a m e s F . R u d o l p h , west, Tex., 32 49 10/97 02 28, Ardmore, Director, 2. Section 97.23 is amended by estab­ Flight Standards Service. Okla.” is deleted and “Greater South­ lishing, revising, or canceling the follow­ west, Tex., 32 49 10/97 02 28, Greater ing VOR-VOR/DtylE SIAP’s, effective N o t e : Incorporation by reference pro­ Southwest, Tex.,” is substituted therefor. November 25,1971. visions in §§ 97.10 and 97.20 (35 F.R. 5610) approved by the Director of the Gadsden, Ala.— Gadsden Municipal Airport; (Sec. 307(a), Federal Aviation Act of 1958, Federal Register on May 12, 1969. 49 U.S.C. 1348(a); sec. 6 (c ), D epartm ent of V O R R u nw ay 6, Arndt. 8; Revised. Transportation Act, 49 U.S.C. 1655(c)) Havre, Mont.— Havre City-County Airport; [PR Doc.71-15518 Piled 10-26-71;8:45 am] VOR Runway 7, Arndt. 1; Revised. Issued in Washington, D.C., on Oc­ Havre, Mont.— Havre City-County Airport; tober 19, 1971. VOR Runway 25, Amdt. 1; Revised. Chapter II— Civil Aeronautics Board Middletown, Del.— Summit Airpark; VOR-A, H . B . H e ls t r o m , Amdt. 1; Revised. SUBCHAPTER A— ECONOMIC REGULATIONS Chief, Airspace and Air Millersburg, Ohio— Holmes County Airport; [Reg. ER-705; Amdt. 16] Traffic Rules Division. VOR—A, Amdt. 1; Revised. [PR Doc.71-15519 Piled 10-26-71;8:46 am ] Nantucket, Mass.— Nantucket Memorial Air­ PART 249— PRESERVATION OF AIR port; VOR Runway 24, Amdt. 6; Revised. CARRIER ACCOUNTS, RECORDS Unalakleet, Alaska— Unalakleet Airport; V O R -1 , Am dt. 4; Canceled. AND MEMORANDA [Docket No. 11453; Arndt. 780] Pond du Lac, Wis.—Pond du Lac County Optional Use of Records on Microfilm PART 97—-STANDARD INSTRUMENT Airport, VOR/DME Runway 18, Original; Established. and/or Microfiche as Original Records APPROACH PROCEDURES Pond du Lac, Wis.— Pond du Lac County Air­ port; VOR/DME Runway 36, Original; Adopted by the Civil Aeronautics Miscellaneous Amendments Established. Board at its office in Washington, D.C., This amendment to Part 97 of the Fed­ McComb, Miss.— Me Comb Pike County Air­ on the 20th day of October 1971. port; VOR/DME-A, Amdt. i; Revised. eral Aviation Regulations incorporates Unalakleet, Alaskar—Unalakleet Airport; By a notice of proposed rule making,1 by reference therein changes and addi­ VORTAC-A, Orignal; Established. the Board proposed to amend Fart 249 of tions to the Standard Instrument Ap­ 3. Section 97.25 is amended by estab­ proach Procedures (SIAP’s) that were lishing, revising, or canceling the follow­ 1EDR-210, dated August 19, 1971.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20580 RULES AND REGULATIONS its Economic Regulations (14 CFR Part ity for reading and reproducing the data A u t h o r it y : T h e provisions of this Subpart 249), so as to permit air carriers the on printed form from the storage media. 1241.1 issued under 42 U.S.C. 2473(b)(1). option to retain data on microfilm and/ (Secs. 204(a) and 407 of the Federal Aviation § 1241.101 Scope. or microfiche as an acceptable record in Act o f 1958, as am ended, 72 Stat. 743, 766; 49 lieu of computer-prepared hard copy U.S.C. 1324,1377) This subpart prescribes the proce­ reports, listings, etc. dures for the adjudication of appeals be­ Comments in response to the notice of By the Civil Aeronautics Board. fore the NASA Board of Contract Ap­ proposed rule making were filed by the [ s e a l ] H a r r y J. Z i n k , peals (hereafter referred to as Board) Airline Finance and Accounting Confer­ Secretary. arising from NASA contracts. ence of the Air Transport Association of [FR Doc.71-15597 Filed 10-26-71;8:52 am] § 1241.102 Authority and applicability. America, by American Airlines, Inc., and by Emery Air Freight Corp. (Em ery). All (a) Under the provisions of Part 1209 three comments favor adoption of the of this chapter, the Board of Contract Chapter V— National Aeronautics and Appeals is authorized to act for the Ad­ proposed rule, and we have determined Space Administration to adopt the rule as proposed.2 ministrator in hearing, considering and Since this amendment imposes no bur­ PART 1241— CONTRACT APPEALS deciding appeals by NASA contractors den upon any person and relieves a re­ from the findings of fact and final deci­ striction, it may be made effective im­ Subpart 1241.1— General Procedures sions of NASA contracting officers or mediately. their authorized representatives made On pages 18221 through 18225 of the under the color of the “Disputes” clause Accordingly, the Civil Aeronautics F e d e r a l R e g is t e r of September 10, 1971, Board hereby amends Part 249 of the of a NASA contract. Under § 1209.102(c) there was published a notice of proposed of this chapter, the Board is granted the Economic Regulations (14 CFR Part rule making to issue regulations govern­ authority to issue its rules of procedure. 249), effective October 20, 1971, as ing the general procedures on contract follows: (b) The provisions of this Subpart appeals. Interested persons were given 1241.1 shall apply after the effective date 1. Amend the definition of “Records”30 days in which to submit comments, of this subpart to the following: to read as follows and delete the defini­ suggestions, or objections regarding the (1) All new appeals filed, and tion of “Microfilms” and in its place proposed regulations. (2) All new actions on pending ap­ substitute the following: No objections have been received and peals. the proposed regulations are hereby § 249.2 Definitions. § 1241.103 Time. * * * * * adopted without change and are set forth below. Time limitations provided in these “Microfilm” includes microfiche. rules are maximums and speedier reso­ Effective date. These regulations shall * * * * * lutions of appeals may be accomplished be effective November 15, 1971. “Records” means original documents3 if the full allowable time is not ex­ constituting integral links in developing E r n e s t W . B r a c k e t t , hausted at each step. Except for the time the history of, or facts regarding, finan­ Chairman, established by the contract for taking cial transactions or physical operations. Board of Contract Appeals. an appeal, the Board may, for good cause and upon timely request, grant exten­ The term “records” embraces not only October 21, 1971. accounting records in a limited technical sions of time for the taking of any action sense but ail other evidentiary accounts Subpart 1241.1 revised in its entirety or for the filing of any document or brief of events such as memoranda, corre­ as follows: provided for by these rules. spondence, working sheets, tabulating Sec. § 1241.104 Representation. equipment listings, punched cards, com­ 1241.101 Scope. puter-produced listings, microfilm, and 1241.102 Authority and applicability. At any stage of the appeal procedure magnetic storage media (i.e., magnetic 1241.103 Time. and before the Board, an individual 1241.104 Representation. party may act or appear in person; a tapes, disks). The term “records” also 1241.105 T ak in g an appeal. encompasses microfilm reproductions of partnership by one of the partners; a 1241.106 Contents of notice of appeal. corporation by an officer thereof, or an original documents made as authorized 1241.107 Forwarding of notice of appeals. authorized representative of any of those herein. In addition, the term “records” 1241.108 Preparation, contents, organiza­ including a duly licensed attorney at includes any material coming into the tion, forwarding and status of law. Upon receipt of a copy of notice of possession of the air carrier through appeal file. appeal from the contracting officer or merger, consolidation, succession, trans­ 1241.109 Pleadings. 1241.110 Motions. the Board, the General Counsel, NASA fer, or other acquisition. 1241.111 Service and filing of pleadings and Headquarters, shall promptly designate ♦ * * * * other papers. counsel to represent the interests of the 3. Designate existing § 249.3 as1241.112 Prehearing conference. Government. § 249.3(a) and add new paragraph Ob) 1241.113 Election as to hearings. 1241.114 Prehearing briefs. § 1241.105 Taking an appeal. as follows: 1241.115 Discovery. 1241.116 Depositions. Notice of an appeal must be in writing, § 249.3 Preservation of records. and must be mailed to or otherwise fur­ * * * * 1241.117 Interrogatories to the parties. 1241.118 Production of documents and nished the contracting officer in the (b) Each nonreadable form of media, things and entry upon land for manner and within the time specified such as punched cards, magnetic tapes inspection and other purposes. therefor in the contract or allowed by and disks, shall be accompanied by a 1241.119 Requests for admission. law. An original and two copies of such statement clearly indicating the type of 1241.120 Hearings, notice, where and when notice should be furnished. held. data included in the media and certify­ 1241.121 Unexcused absence of a party. § 1241.106 Contents of notice of appeal. ing that the information contained 1241.122 Nature of hearings. therein is complete and accurate. Also 1241.123 Examination of witnesses. The notice o f appeal shall be signed each air carrier shall maintain capabil- 1241.124 Copies of papers. by the contractor or by his representa­ 1241.125 Posthearing briefs. tive or attorney, shall indicate that an 1241.126 Transcript of proceedings. appeal is intended, and shall identify the 2 Emery says that the “philosophy” of the 1241.127 Settling the record. contract (by number), and the final proposed rule should he included in § 249.27, 1241.128 Settlement of dispute. decision o f the contracting officer from Prescribed periods of retention. The amend­ 1241.129 Decisions and records. which the appeal is taken. The notice of ments herein adopted will of course apply 1241.130 Motions for reconsideration. appeal may contain or be accompanied to all sections of Part 249 in which the terms 1241.131 Dismissal for failure to prosecute. “microfilm” and “records” are used. 1241.132 Dismissal without prejudice. with a statement o f the grounds upon 3 Relating to a particular segment, oper­ 1241.133 Ex parte communications. which it is based. The complaint referred atin g division, or entire system of the carrier’s 1241.134 Remands from courts. to in § 1241.109 may be filed with the operations. 1241.135 M ediation. notice of appeal, or the appellant may

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 RULES AND REGULATIONS 20581 designate the notice of appeal as a com­ though they had been received in evi­ dar days of his receipt of a copy thereof, plaint if it otherwise fulfills the require­ dence at a formal hearing, unless a party unless the Board otherwise directs. The ments of a complaint. files a written objection to the considera­ Board may permit oral hearing or argu­ tion of a particular document in advance ment as well as briefs in support of any § 1241.107 Forwarding of notice of of settling the record in the event there motion. appeals. is no hearing on the appeal, or a written § 1241.111 Service and filing o f plead­ Within 10 calendar days of receipt of or oral objection before the end of a ings and other papers. an appeal in any form, the contracting hearing held on the appeal. If objection officer or other recipient shall endorse to a document is made, the Board will All pleadings and other papers re­ thereon the date of mailing, if ascer­ treat the document as having been of­ quired to be served upon a party shall be tainable, and the date of receipt and fered in evidence and rule on its admis­ filed with the Board either before serv­ forward the appeal and the envelope, if sibility in accordance with § 1241.122. ice or within a reasonable time there­ any, in which it was received to the after. Pleadings and other papers shall Board. The Board will promptly notify § 1241.109 Pleadings. be served personally or by mailing the the appellant and the contracting officer (a) Complaint. Within 30 calendar same, addressed to the party upon whom of receipt of a notice of appeal and the day after receipt of the Board’s notice service is to be made. The party filing appellant will be furnished with a copy that his appeal has been docketed, the any paper with the Board shall send a of these rules. appellant shall file with the Board an copy thereof to the opposing party, original and two copies of a complaint. noting on the paper filed with the Board, § 1241.108 Preparation, contents,' or­ The complaint will set forth simple, con­ or on the letter transmitting same, that ganization, forwarding and status o f a copy has been so furnished. appeal file. cise and direct statements for each of his claims, the basis for each claim, the con­ §1241.112 Prehearing conference. (a) Duties of contracting officer. tract provisions under which claim is Within 30 calendar days of receipt of an made and, if known, the dollar amount (a) When permitted. On its own appeal, the contracting officer shall as­ claimed. The appellant may designate motion or upon application of either semble and transmit to the Board with his original claim letter, any statement party, the Board may call upon the a copy to the appellant and to the Gov­ in support of his appeal filed therewith, parties to appear before it to consider: ernment counsel, all documents perti­ or any other document in the appeal file (1) - Simplification or clarification of nent to the appeal, including: before the Board, as his complaint, pro­ the issues; (1) The decision and findings of fact viding such document or documents (2) Stipulations, admissions, agree­ from which the appeal is taken; otherwise fulfill the requirements of this ments on documents, or other under­ (2) The basic contract, including per­ § 1241.109. Should the appellant fail standings which will avoid unnecessary tinent specifications, amendments, plans within 30 calendar days to file or to proof; and drawings; and, if reprocurement designate a complaint, the Board may, if (3) The limitation of the number of costs are involved, the relet contract, in­ it considers that the issues are suf­ expert witnesses and of other cumulative cluding the pertinent specifications, ficiently defined thereby, designate a evidence; amendments, plans and drawings at­ document or documents in the appeal (4) Settlement of all or part of the tached thereto; file as the appellant’s complaint and issues in dispute; and (3) All correspondence between the notify the appellant and the Government (5) Such other matters as may aid in parties pertinent to the appeal, including to that effect. the disposition of the appeal. the letter or letters of claim in response (b) Answer. Within 30 calendar days (b) Conference record. The results of to which decision was issued; of receipt of the appellant’s complaint, the conference shall be reduced to writ­ (4) Transcripts of testimony, memo­ or of a document designated as a com­ ing by the Board member within 5 calen­ randa, affidavits, or statements of facts, plaint, the Government shall file with dar days after the close of the confer­ not privileged, by any person concerning the Board an original and two copies of ence. Copies shall be duly served on the the matter in dispute, made prior to the an answer setting forth simple, concise parties who may, within 10 calendar days filing of the appeal and considered by and direct statements of defense to each from receipt of the written record, file the contracting officer in arriving at his claim or counterclaim. Should the Gov­ objection, comment, request for correc­ decision. ernment fail to answer within 30 calen­ tion or other motion pertaining to that (b) Rights of the appellant. The ap­ dar days, the Board may, in its discre­ record of prehearing conference. The pellant may supplement the same with tion, enter a general denial on behalf of record of prehearing conference, to­ any documents not contained therein the Government notifying the appellant gether with any objection, comment, re­ which he considers pertinent to the ap­ to that effect. quest for correction or other motion peal, by furnishing a copy of such docu­ (c) Reply. The contractor may file a made by the parties shall become a part ments to the Board and two copies reply within 15 calendar days after re­ of the Board record. thereof to the Government counsel. ceipt of the answer of counsel for the (c) Admissions, agreements and (c) Organization of appeal file. Docu­ Government. orders. Admissions, agreements and ments in the appeal file prepared by the orders of the Board (if an y), as set forth contracting officer or supplemented by § 1241.110 Motions. in the record of the prehearing confer­ the appellant may be originals or legible (a) The Board may consider any ence, shall control the subsequent course copies thereof, and shall be appropri­ timely motion: of the proceedings and the conduct of ately numbered, tabbed, and indexed to (1) To dismiss an appeal for want of the hearing: Provided, however, That identify the contents of the file. jurisdiction; subsequent modification may be per­ (d) Lengthy documents. The Board (2) To dismiss for failure to prosecute mitted pursuant to agreement between may waive the requirement of furnish­ an appeal;; the parties or to prevent manifest ing to the other party copies of bulky (3) To make a pleading more definite injustice. or lengthy documents in the appeal file and certain; when a party, by motion, seasonably (4) For discovery, interrogatories to a §1241.113 Election as to hearings. made, has shown that doing so would party, or for the taking of depositions (a) No earlier than 30 calendar days impose an undue burden. In such event, as provided in § 1241.116; after the parties receive notice that the at the time a party files such a document (5) To reconsider a decision or to re­ Government’s answer has been filed or with the Board, he shall notify the other open a hearing; after the entrance of a general denial Party that the same or a copy is avail­ (6) To dismiss an appeal where the by the Board on behalf of the Govern­ able for inspection at the offices of the pleadings fail to state a case on which ment, and the time within which ap­ :Board or of the contracting officer. the Board may grant relief; and pellant may file a reply has expired, the (e) Status of documents in appeal file. (7) For any other appropriate order Board will ascertain from the parties Documents contained in the appeal file or relief their desires for an oral hearing. If an are considered, without further action by (b) Response by the opposite party to oral hearing is desired, the Board will parties, as before the Board as a motion may be made within 30 calen­ schedule it as provided in paragraph (b)

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20582 RULES AND REGULATIONS

of this section, and §§ 1241.120 and (ii) To state the subject matter on (b) Objections. Within 30 calendar 1241.121. If both parties waive an oral which the expert is expected to testify. days after the service of written inter­ hearing, the Board will decide the appeal (2) The Board, on its own motion, orrogatories, the parties served may file on the record before it, supplemented on that of a partyr may require the sub­ objections to the interrogatories and re­ as it may permit or direct. mission or exchange in advance of the quest a protective order on the grounds (b) Should an appeal involve $5,000hearing of any reports or other docu­ that some or all of them call for privi­ in amount or less, it may, at the option of ments prepared by, for, or with the as­ leged information or are plainly irrele­ either party, be processed under this sistance of the expert which a party in­ vant or are otherwise improper in whole paragraph (b) and in the event of such tends to offer or use at the hearing. or in part, or that the requirement of a election, the Board will undertake to is­ response would in any instance result, § 1241.116 Depositions. sue a decision on the appeal on an ex­ in annoyance, embarrassment, oppres­ pedited basis, without regard to its nor­ (a) When permitted. Upon the appli­ sion or undue burden or expense. Within mal position on the docket. Under this cation of a party showing good cause, 20 calendar days after the service of accelerated procedure, the case will be the Board shall issue an order authoriz­ objections, the party serving the inter­ further expedited if the parties elect to ing the party to take the testimony of rogatories may file a pleading respond­ waive a hearing and submit the appeal any person, including a party, by dep­ ing to the objections. The Board shall on the record. In all other respects, these osition upon oral examination or writ­ order the objecting party to respond to rules shall apply. ten questions before any officer author­ the written interrogatories unless the §1241.114 Prehearing briefs. ized to administer oaths at the place of latter shall show good cause for the issu­ examination, for use as evidence or for ance of a protective order. In any in­ The Board may order the filing ox purpose of discovery, or for both pur­ stance in which the Board considers that briefs prior to oral hearing of an appeal poses. The application for order shall the appropriate ground for an objection or either party may file such brief with­ specify whether the purpose of the dep­ was not reasonably discoverable within out order of the Board. osition is discovery or for use as evi­ 30 calendar days of the service of the in­ § 1241.115 Discovery. dence, or both. terrogatories, the Board may entertain (b) Orders on depositions. The time, objections and a responsive pleading at a (a) Methods. The parties are encour­ later date. aged to engage in discovery procedures. place, and manner of taking depositions Any party may obtain discovery in con­ shall be governed by order of the Board. (c) Form of interrogatories and re­ formity with these rules by one or more (c) Use as evidence. Testimony taken sponses. The interrogatories shall be ad­ of the following methods: by deposition shall not be considered as dressed to the person or the official or (1) Depositions upon oral examination part of the evidence in the hearing of an agent of the Government, corporation, or written questions; appeal unless and until such testimony partnership or association who is a (2) Written interrogatories to the is offered and received in evidence at such responsible arid authorized representative parties; hearing. Generally, it will not be received of the party. The interrogatories may be served upon the attorney representing a (3) Production of documents or in evidence if the deponent is present and party. Each interrogatory shall be an­ things, or permission to enter upon land can testify personally at the hearing. In

or other property for inspection or for such instance, however, the deposition swered separately and fully in writing other purposes; and may be used to contradict or impeach under oath by the party addressed, or, if (4) Requests for admissions. the testimony of an adverse witness given the party addressed is the Government or a public or private corporation, partner­ (b) Scope. Generally, subject to the at the hearing. In cases otherwise heard ship or association, by an officer or agent specific provisions of the rules set forth on the record, the Board may, on motion authorized to represent the party. Re­ in this § 1241.115, parties may obtain of either party and in its discretion, re­ sponses to the interrogatories must be discovery regarding any matter not privi­ ceive depositions as evidence in supple­ filed with the Board and a copy served leged which is relevant to the subject mentation of that record. on the other party within 30 calendar matter involved in the pending appeal, (d) Transcripts. The party taking a days after service of the interrogatories whether it relates to the claim or defense deposition shall provide a copy of the to which objection has been made as of the party seeking discovery or to the transcript to the Board at no expense provided in § 1241.116(b), and, in the claim or defense of any other party, in­ within 30 calendar days after it is avail­ case of interrogatories to which objec­ cluding the existence, description, na­ able. The other party is entitled to re­ tion has been made, within 30 calendar ture custody, contents, condition, and ceive a copy or copies of the transcript days after receipt of an order from the location of any books, documents or of the deposition upon paying the estab­ Board directing a response to certain other tangible things and the identity lished rate for copies to the person taking interrogatories. The answers are to be and location of persons having knowl­ the deposition. signed by the person making them. edge of any discoverable matter. It is § 1241.117 Interrogatories to the parties. not ground for objection that the infor­ (d) Use as evidence. Answers to inter­ mation sought will be inadmissible at (a ) Availability. Any party may serverogatories may be used to the extent the hearing if the information sought upon any other party written interroga­ permitted by the rules of evidence. appears reasonably calculated to lead to tories to be answered by the party served, § 1241.118 Production of documents the discovery of admissible evidence. or if the party served is the Government, and things and entry upon land for (c) Protective orders. Upon the motion or a public or private corporation, part­ inspection and other purposes. nership or association, by an officer or of any party or of the person from whom (a) Availability. Upon the application discovery is sought, who files specific ob­ agent of such party, who shall also fur­ nish all information as is available to the of a party showing good cause, the Board jections, and for good cause shown, the party so served. Generally, interroga­ shall order a party to produce and per­ Board may make any order which jus­ tories may not be served until after the mit inspection and copying of designated tice requires to protect a party or per­ answer has been filed. However, upon ap­ documents or things constituting dis­ son from annoyance, embarrassment, plication of the appellant showing good coverable matter as defined in § 1241.115 oppression, or undue burden or expense, cause, the Board may, in its discretion, or may order any party to permit entry and those orders may include limitations permit the appellant to file a brief com­ upon designated land or other property on the scope, method, time and place for plaint together with a request for answers in his possession or control for the pur­ discovery, and provisions for protecting to written interrogatories and a request pose of inspecting, measuring, surveying the secrecy of confidential information or to amend its complaint within 30 calen­ or photographing, testing or sampling, documents. dar days after receipt of the answers to the property or any designated object or (d) Experts. (1) By means of written those interrogatories. Such procedure operation thereon, within the scope of interrogatories, a party may require the should be followed only when the appel­ § 1241.115. other, party: lant is not able to adequately comply (b) Motions. (1) The motion for pro­ (i) To identify each person the otherwith the rules of this Board concerning duction shall state: party expects to call as an expert wit­ the requirements for a complaint without (i) The documents or things desired ness, and benefit of the discovery. with reasonable particularity;

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 RULES AND REGULATIONS 20583

(ii) How or in what respect they are Board may set a hearing at another loca­ § 1241.127 Settling the record. discoverable, and tion for the convenience of the parties. (a ) The record upon which the (iii) That such documents (or copies § 1241.121 Unexcused absence o f a Board’s decision will be rendered consists thereof) or things are not in the posses­ parly. of the appeal file described in § 1241.108 sion of the moving party. and, to the extent the following items The unexcused absence of a party at (2) Documents shall be deemed to be exist in a case, pleadings, prehearing the time and place set for hearing will defined with reasonable particularity to conference memoranda or orders, pre- not be occasion for delay. In the event of the extent that each document or thing is hearing briefs, depositions, interroga­ such absence, the hearing may proceed so identified that it may reasonably be tories (subject to the provisions of and the case will be regarded as sub­ located and procured. § 1241.115(c)) answers to interrogatories, mitted by the absent party on the record. (c) Orders. The Board shall generally requests for admissions, admissions, grant production and inspection unless § 1241.122 Nature o f hearings. transcripts of conferences and hearings, there is good cause for a protective order Hearings shall be as informal as may hearing exhibits, posthearing briefs, and and shall specify the time, place and be reasonable and appropriate in the any other document which the Board has maimer of making the inspection, copies circumstances. Hearings shall be con­ specifically designated be made a part or photographs if the parties are unable ducted before such member or members of the record. The record will be avail­ to agree thereon. of the Board as designated by the Chair­ able at all reasonable times for inspec­ (d) Use as evidence. Documents or in­ man. The presiding member shall reg­ tion by the parties at the office of the formation procured as a result of inspec­ ulate the course of the hearing and the Board in Washington, D.C. tion may be used at the hearing to the conduct of the parties in order to insure (b) Except as otherwise ordered, no extent permitted by the rules of evidence. a fair and orderly proceeding. The par­ proof shall be received in evidence after § 1241.119 Requests for admission. ties may offer at the hearing such rele­ completion of an oral hearing or, in cases vant evidence as would be admissible submitted on the record, after notifica­ (a) Request. Any party may apply to under the generally accepted rules of tion by the Board that the case is ready the Board for an order directing the evidence applied in the courts of the for decision. other party to respond to a request for United States in nonjury trials, subject, admission who has failed to do so, for however, to the discretion of the pre­ § 1241.128 Settlement o f dispute. purposes of the 'pending appeal only, of siding member in supervising the extent The parties may settle a dispute at any the genuineness of any relevant docu­ and manner of presentation of such evi­ time before decision by filing a written ment described in and exhibited with the dence. In general, admissibility will be notice by the appellant withdrawing its request, or of the truth of any relevant determined by relevancy and materiality. appeal or by written stipulation of settle­ matters of fact set forth in the request. Letters or copies thereof, affidavits, or ment between the parties. The Board The other party, within 30 calendar days, other evidence not ordinarily admissible may then issue an order dismissing the must respond consenting to the admis­ under the generally accepted rules of appeal with prejudice. sions or objecting with specific grounds. evidence may be admitted in the sound § 1241.129 Decisions and records. The factual proposition set out in the re­ discretion of the presiding member. quest shall be deemed admitted upon the Decisions of the Board will be made in failure of a party to respond to the re­ § 1241.123 Examination o f witnesses. writing and authenticated copies thereof quest for admission. The Board will rule Witnesses before the Board normally will be forwarded simultaneously to both upon the objections and make an order will be examined orally under oath or parties. The rules of the Board, all final pertaining thereto. affirmation. If the testimony of a witness orders and decisions, and other records (b) Content. A request for admission is not given under oath the Board, if of, or before the Board shall be available should contain a statement of the mate­ appropriate, shall warn the Witness that for inspection at its offices to the extent rial matters of fact as to which it is be­ his statements may be subject to the permitted by, and subject to the exemp­ lieved there is no substantial controversy provisions of 18 U.S.C. 287 and 1001, and tions of 5 U.S.C. 552. between the parties followed by a request to any other provisions of law imposing § 1241.130 Motions for reconsideration. that the party served admit the truth of penalties for knowingly making false such matters of fact. Each matter of statements in connection with claims Either party may move for reconsid­ which an admission is requested shall be against the United States. eration of the Board’s decision within 30 separately set forth. calendar days of its receipt of an authen­ § 1241.124 Copies of paper. (c) Use in the appeal. Any proposition ticated copy thereof, stating specifically of fact expressly admitted or deemed ad­ True copies may be substituted for the grounds relied upon for reconsidera­ mitted shall be conclusively established books, records, papers, or documents, tion, together with briefs, if desired, in for the purpose of the pending appeal. the originals of which have been received support thereof. The other party may However, the Board on motion may per­ in evidence during a hearing. Physical have 20 calendar days in which to re­ mit withdrawal of an admission if the exhibits may be withdrawn before or spond to the motion and to present writ­ Board finds that the party seeking with­ after decision upon the substitution ten arguments in support of its position. drawal acted with due diligence or that therefor of pictures of the same and § 1241.131 Dismissal for failure to the other party will not be prejudiced agreement to preserve the originals in­ prosecute. thereby. Any admission made by a party tact pending further proceedings or on Whenever a record discloses the fail­ under this rule is for the purpose of the such other terms as the Board may set. ure of either party to file documents pending appeal or from an appeal from §1241.125 Posthearing briefs. the Board’s decision upon the pending required by these rules, to respond to appeal, and is not an admission by him Posthearing briefs may be submitted notices or correspondence from the for any other purpose, nor may it be used upon such terms as are agreed upon at Board, or otherwise indicates an inten­ against him in any other proceeding. the conclusion of a hearing or as directed tion not to continue the prosecution or by the presiding member. defense of an appeal, the Board may § 1241.120 Hearings, notice, where and issue an order requiring the offending when held. § 1241.126 Transcript o f proceedings. party to show cause why the appeal Hearings will be scheduled on not less Testimony and argument at hearings should not be either dismissed or than 15-calendar-day notice by the shall be reported verbatim, unless the granted, as appropriate. If the offending Board, giving due consideration to the Board otherwise orders. Transcripts of party shall fail to show cause, the Board regular order of appeals, the desires of the proceedings shall be supplied to the may take such action as it deems rea­ the parties, and the requirement for just parties at such rates as may be fixed by sonable and proper under the circum­ and inexpensive determination of ap­ contract with the reporter. If the pro­ stances. ceedings are reported by an employee of peals without unnecessary delay. Hear­ § 1241.132 Dismissal without prejudice. ings will ordinarily be held in Washing­ the Government, the appellant may re­ ton, D.C., at a location designated by the ceive transcripts upon payment therefor When the Board is unable to proceed Board for the hearing except that the to the Government. with the processing of an appeal for

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20584 RULES AND REGULATIONS reasons beyond its control, and it ap­ the Board member who conducted the Law 90-321, 15 U.S.C. 1601 et seq.), do pears that this inability will continue for mediation shall not take part, directly forthwith cease and desist from: an inordinate length of time, the Board or indirectly, in any further proceedings 1. Failing to print the terms “annual may, in its discretion, dismiss such ap­ in connection with the appeal, and the percentage rate” and “finance charge”, peal from its docket without prejudice parties shall thereafter prosecute the ap­ where required by Regulation Z to be to its restoration thereto when the cause peal de novo before another Board mem­ used, more conspicuously than other re­ of suspension has been removed. By ber or members. quired terminology, as set forth in § 226.6 agreement of the parties, the Board may [PR Doc.71-15582 Piled 10-26-71;8:53 am] (a) of Regulation Z. dismiss an appeal without prejudice. 2. Failing to disclose the rate of fi­ nance charge as an annual percentage § 1241.133 Ex parte communications. rate, computed in accordance with No member of the Board or of the Title 16— COMMERCIAL § 226.5 of Regulation Z, as required by Board’s staff shall entertain, nor shall § 226.8(b) (2) of Regulation Z. any person directly or indirectly involved 3. Failing, in any consumer credit in an appeal submit to the Board or the PRACTICES transaction or advertisement, to make all Board’s staff, off the record, any evi­ Chapter I— Federal Trade Commission disclosures determined in accordance dence, explanation, analysis, or advice, with §§ 226.4 and 226.5 of Regulation Z [Docket No. C-2049] whether written or oral, regarding any in the manner, form and amount required substantive matter at issue in an appeal. PART 13— PROHIBITED TRADE by §§ 226.6, 226.8, 226.9, and 226.10 of This provision does not apply to con­ Regulation Z. sultation among Board members nor to PRACTICES It is further ordered, That respondents ex parte communications authorized by Edward Berger et al. deliver a copy of this order to cease and law or concerning the Board’s adminis­ desist to all present and future person­ trative functions or procedures. Subpart—Advertising falsely or mis­ nel of respondents engaged in the con­ leadingly: § 13.71 Financing: 13.71-10 §1241.134 Remands from courts. summation of any extension of consumer Truth in Lending Act; § 13.73 Formal credit or in any aspect of preparation, Whenever any matter is remanded to regulatory and statutory requirements: creation, or placing of advertising, and the Board from any Court for further 13.73-92 Truth in Lending Act; § 13.155 that respondents secure a signed state­ proceedings, the parties shall, within 20 Prices: 13.155-95 Terms and condi­ ment acknowledging receipt of said order calendar days of such remand, submit a tions: 13.155-95 (a) Truth in Lending from each such person. report to the Board indicating what pro­ Act. Subpart— Misrepresenting oneself It is further ordered, That respondents cedures they think necessary to comply and goods— Goods: § 13.1623 Formal notify the Commission at least thirty with the Court’s order. The Board will regulatory and statutory requirements: (30) days prior to any proposed change enter special orders governing the han­ 13.1623-95 Truth in Lending Act; Mis­ in the partnership, including dissolution, dling of matters remanded to it for fur­ representing oneself and goods— Prices: addition, or deletion of partners from the ther proceedings by any Court. To the § 13.1823 Terms and conditions: 13.- partnership agreement, acquisition or extent the Court’s directive and time 1823-20 Truth in Lending Act. Sub- creation of any other business entity, limitations will permit, those orders will part— Neglecting, unfairly or deceptively, corporate or otherwise, or other change conform to these rules. to make material disclosure: § 13.1852 in the partnership which may affect Formal regulatory and statutory require­ § 1241.135 Mediation. compliance obligations arising out of ments: 13.1852-75 Truth in Lending this order. (a) . At any time prior to the schedul­ Act; § 13.1905 Terms and conditions: It is further ordered, That the respon­ ing of the hearings and upon the joint 13.1905-60 Truth in Lending Act. dents herein shall, within sixty (60) days application of the parties for assistance (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret after service upon them of this order, in possible settlement of the claim, the or apply sec. 5, 38 Stat. 719, as am ended, 82 file with the Commission a report in Board shall designate one of its mem­ Stat. 146, 147; 15 U.S.C. 45, 1601-1605) writing setting forth in detail the man­ bers to serve as a mediator. In that ca­ [Cease and desist order, Arthur Clein et al., ner and form in which it has complied pacity, the designated Board member Atlanta, Ga., Docket No. C—2049, Sept. 22, with this order. shall convene an informal conference or 1971] Issued: September 22, 1971. series of conferences to explore settle­ In the Matter of Edward Berger, and ment to the fullest extent possible. At William S. Cohen, Individually and By the Commission. any such conference the parties may as Partners Doing Business as Royal present their facts and arguments by any [ s e a l ] C h ar les A. T o b in , Loan Office suitable method, including, but not Secretary. limited to, offers of proof by counsel, Consent order requiring two Atlanta, [FR Doc.71-15545 Filed 10-26-71;8:47 am] affidavits, or narrative statements by Ga., individuals doing business as pawn­ prospective witnesses, documentary evi­ brokers to cease violating the Truth in dence, argument, and briefs or memo­ Lending Act by failing to disclose and [Docket No. C-2042] randa on the facts or law, or both, all to print where required the annual percent­ PART 13— PROHIBITED TRADE be presented without regard to the nor­ age rate and finance charge, and make mal rules of evidence followed by the disclosures required by Regulation Z of PRACTICES Board. said Act. Byer Furniture Co., Inc., and (b) It is the purpose and intent of The order to cease and desist, includ­ Norman L. Madan this § 1241.135 to permit and to en­ ing further order requiring report of com­ courage full and frank development and pliance therewith, is as follows: Subpart— Misrepresenting oneself and disclosure of each party’s position and it is ordered, That respondents Ed­ goods— Goods: § 13.1623 Formal regu­ active participation by the-mediator in ward Berger, and William S. Cohen, in­ latory and statutory requirements: developing and discussing with the par­ dividually and as partners doing business 13.1623-95 Truth in Lending Act; Mis­ ties the merits of their respective posi­ as Royal Loan Office, or under any other representing oneself and goods—Prices. tions. The role of the mediator in the name, and respondents’ agents, repre­ § 13.1823 Terms and conditions: process will be to assist the parties to sentatives, and employees, directly or 13.1823-20 Truth in Lending Act. Sub­ evaluate settlement possibilities realis­ through any corporate or other device, in part— Neglecting, unfairly or deceptively, tically and to try impartially to arrive at connection with any extension of con­ to make material disclosure: § 13.1852 a negotiated settlement, if possible. sumer credit or any advertisement to aid, Formal regulatory and statutory require­ (c) No portion or aspect of any con­ ments: 13.1852-75 Truth in Lending promote, or assist directly or indirectly Act; § 13.1905 Terms and conditions: ference, documentary or oral, shall be re­ any extension of consumer credit, as corded or otherwise made a part of the 13.1905-60 Truth in Lending Act. “consumer credit” and “advertisement” record of the Board. If the mediation (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or services do not result in a settlement, are defined in Regulation Z (12 CFR Part apply sec. 5, 38 Stat. 719, as amended, W and the appeal is thereafter prosecuted, 226) of the Truth in Lending Act (Public Stat. 146, 147; 15 U.S.C. 45. 1601-1605) [Cease

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 RULES AND REGULATIONS 20585 and desist order, Byer Furniture Co., Inc., et after service upon them of this order, file seq.), do forthwith cease and desist al., Miami, Fla., Docket No. C-2042, Sept. 13, with the Commission a report in writing, from: 1971] setting forth in detail the manner and 1. Failing to print the terms “annual In the Matter of Byer Furniture Co., Inc., form in which they have complied with percentage rate” and “finance charge”, a Corporation and Norman L. this order. where required by Regulation Z to be Madan, Individually and as an Of­ Issued: September 13, 1971. used, more conspicuously than other re­ ficer of Said Corporation quired terminology, as set forth in By the Commission. § 226.6(a) of Regulation Z. Consent order requiring Miami, Fla., retail sellers and distributors of furniture [ s e a l ] C h a r l e s A . T o b i n , 2. Failing to disclose the rate of fi­ to cease violating the Truth in Lending Secretary. nance charge as an annual percentage rate, computed in accordance with Act by failing in any credit sale to use the [FR Doc.71-15547 Filed 10-26-71:8:47 am] term “cash sale,” disclose the deferred § 226.5 of Regulation Z, as required by payment price, the annual percentage § 226.8(b) (2) of Regulation Z. rate, and all other credit disclosures re­ [Docket No. C-2047] 3. Failing, in any consumer credit quired by Regulation Z of said Act. PART 13— PROHIBITED TRADE transaction or advertisement, to make The order to cease and desist, including PRACTICES all disclosures determined in accordance further order requiring report of compli­ with §§ 226.4 and 226.5 of Regulation Z ance therewith, is as follows: Arthur Clem et al. in the manner, form and amount re­ It is ordered, That respondents Byer quired by §§ 226.6, 226.8, 226.9, and 226.10 Subpart— Advertising falsely or mis­ Furniture Co., Inc., and its officers, and of Regulation Z. leading: § 13.71 Financing: 13.71-10 Norman L. Madan, individually and as an It is further ordered, That respondents Truth in Lending Act; § 13.73 Formal officer of said corporation and respond­ deliver a copy of this order to cease and regulatory and statutory requirements: ent’s agents, representatives, and em­ desist to all present and future personnel 13.73-92 Truth in Lending Act; § 13.155 ployees, direofcly or through any cor­ of respondents engaged in the consum­ Prices: 13.155-95 Terms and condi­ porate or other device, in connection mation of any extension of consumer tions; 13.155-95 (a) Truth in Lending with any extension of consumer credit, as credit or in any aspect of preparation, Act. Subpart— Misrepresenting oneself “consumer credit” is defined in Regula­ creation, or placing of advertising, and and goods— Goods: § 13.1623 Formal tion Z (12 CFR Part 226) of the Truth that respondents secure a signed state­ regulatory and statutory requirements: in Lending Act (Public Law 90-321, 15 ment acknowledging receipt of said order 13.1623-95 Truth in Lending Act; Mis­ U.S.C. 1601 et seq.), do forthwith cease from each such person. representing oneself and goods— Prices: and desist from: It is further ordered, That respondents 1. Failing in any credit sale to use the § 13.1823 Terms and conditions: 13.1823-20 Truth in Lending Act. Sub­ notify the Commission at least thirty term “cash price” to describe the price at (30) days prior to any proposed change which respondents, in the regular course part— Neglecting, unfairly or deceptively, to make material disclosure: §13.1852 in the partnership, including dissolution, of business offer to sell for cash the prop­ addition or deletion of partners from the erty or services which are the subject of Formal regulatory and statutory require­ ments: 13.1852-75 Truth in Lending partnership agreement, acquisition or the credit sale, as required by § 226.8(c) creation of any other business entity, (1) of Regulation Z. Act; § 13.1905 Terms and conditions: 13.1905-60 Truth in Lending Act. corporate or otherwise, or other change 2. Failing to accurately disclose the in the partnership which may affect deferred payment price as the sum of the (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret compliance obligations arising out of this cash price, all charges which are in­ or apply Sec. 5, 38 Stat. 719, as am ended, 82 order. cluded in the amount financed but which Stat. 146, 147; 15 U.S.C. 45, 1601-1605) are not part of the finance charge, and [Cease and desist order, Arthur Clein et al., It is further ordered, That the re­ the finance charge, as prescribed by Atlanta, Ga., Docket No. C-2047, Sept. 22, spondents herein shall, within sixty (60) § 226.8(c) (8) (ii) of Regulation Z. 1971] days after service upon them of this 3. Failing to disclose the “annual per­ In the Matter of Arthur Clein and Meyer order, file with the Commission a report centage rate” accurately to the nearest H. Gordon, Individually and as in writing setting forth in detail the quarter of one percent, in accordance Partners Doing Business as United manner and form in which they have with § 226.5 of Regulation Z, as required Loan Association complied with this order. by § 226.8(b) (2) of Regulation Z. Consent order requiring Atlanta, Ga., Issued: September 22, 1971. 4. Failing in any consumer credit individuals doing business as money transaction or advertising to make all By the Commission. lenders and pawnbrokers to cease violat­ disclosures determined in accordance [ s e a l ] C h a r l e s A . T o b i n , ing the Truth in Lending Act by failing with §§ 226.4 and 226.5 of Regulation Z, Secretary. to disclose and print on their documents at the time and in the manner, form and the terms “annual percentage rate” and [FR Doc.71-15544 Filed 10-26-71;8:47 am] amount required by §§ 226.6, 226.8, and “finance charge,” and failing to make 226.10 of Regulation Z. other disclosures required by Regulation It is further ordered, That respondents Z of said Act. [Docket No. C—2040] deliver a copy of this order to cease and The order to cease and desist, includ­ desist to each operating division and to PART 13— PROHIBITED TRADE ing further order requiring report of all present and future personnel engaged PRACTICES compliance therewith, is as follows: in the consummation of any extension of consumer credit and respondents secure It is ordered, That respondents, Arthur Defa Electronics Corp. and a signed statement acknowledging re­ Clein and Meyer H. Gordon, individually Jerry Famolari ceipt of said order from each such person. and as partners doing business as United Loan Association or under any other Subpart— Advertising falsely or mis­ It is further ordered, That respondents leadingly: § 13.155 Prices: 13.155-5 notify the Commission at least thirty name, and respondents’ agents, repre­ sentatives, and employees, directly or Additional charges unmentioned: (30) days prior to any proposed change § 13.185 Refunds, repairs, and replace­ through any corporate or other device, in the corporate respondent such as dis­ ments; § 13.225 Services. Subpart— En­ in connection with any extension of con­ solution; assignment or sale, resulting forcing dealings or payments wrongfully : sumer credit or any advertisement to aid, in the emergence of a successor corpora­ § 13.1045 Enforcing dealings or pay­ promote or assist directly or indirectly tion; the creation or dissolution of sub­ ments wrongfully. sidiaries or any other change in the any extension of consumer credit, as corporation which may affect compliance “consumer credit” and “advertisement” (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. In ter­ are defined in Regulation Z (12 CFR prets or applies sec. 5, 38 Stat. 719, as obligations arising out of the order. amended; 15 U.S.C. 45) [Cease and desist It is further ordered, That the re­ Part 226) of the Truth in Lending Act order, Defa Electronics Corp. et al., New York spondents shall, within sixty (60) days (Public Law 90-321, 15 U.S.C. 1601 et City, Docket No. C-2040. Sept. 13, 1971]

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 No. 207------3 20586 RULES AND REGULATIONS

In the Matter of Defa Electronics Corp., prohibited by this order, for a period of The order to cease and desist, including a Corporation, and Jerry FanuAari, one year after their receipt, and that further order requiring report of com­ Individually and as an Officer of Said such files be made available for exami­ pliance therewith, is as follows: Corporation nation by a duly authorized agent of the I. It is ordered, That respondent Gen­ Consent order requiring a New York Federal Trade Commission during the eral Foods Corp., a corporation, its of­ City seller and distributor of stereo­ regular hours of the respondents’ busi­ ficers, agents, representatives, and phonic high fidelity audio equipment to ness for inspection and copying. employees, directly or through any cor­ cease misrepresenting the time period in It is further ordered, That upon re­ porate or other device, in connection with which mail orders will be filled, imposing ceiving notification of acceptance of this the offering for sale, sale or distribution unapproved cancellation charges, in­ order by the Commission respondents of “Toast’em Pop-Ups” or any other con­ creasing selling prices after receipt of will make a written offer to refund all sumer food product, do forthwith cease the order, and shipping unauthorized monies received from those customers and desist from directly or indirectly: substitute merchandise,* the respondent whose order or parts of an order are out­ 1. Disseminating or causing the dis­ shall also make full refund of monies if standing for a period in excess of 2 semination of any advertisement by goods are not shipped within 30 days months immediately preceding the date means of the United States mails or by of order. of acceptance of said order. If said offer any means in commerce, as “commerce” The order to cease and desist, includ­ is accepted respondents shall send the is defined in the Federal Trade Commis­ ing further order requiring report of customer the requested refund without sion Act, which represents directly or compliance therewith, is as follows: delay. by implication that any such product is a nutritionally sound substitute for any It is ordered, That Defa Electronics It is further ordered, That respondent meal consisting of identified foods un­ Corp., a corporation, and Jerry Famalori, corporation notify the Commission at less such product in fact is" a nutrition­ individually and as an officer of said cor­ least thirty (30) days prior to any pro­ ally sound substitute for said meal. poration, and respondents’ agents, rep­ posed change in its corporate structure 2. Disseminating, or causing the dis­ resentatives, or employees, directly or such as dissolution, assignment, or sale semination of any advertisement by any through any corporate or other device, resulting in the emergence of a succes­ means, for the purpose of inducing, or in connection with the advertising, of­ sor corporation, the creation or dissolu­ which is likely to induce, directly or in­ fering for sale, sale and distribution of tion of subsidiaries, or any other change directly, the purchase of respondent’s stereophonic high fidelity audio equip­ in the corporation which may affect preparation, in commerce, as “com­ ment direct to purchasers or by mail compliance obligations arising out of this merce” is defined in the Federal Trade order, in commerce as “commerce” is order. Commission Act, which contains any of defined in the Federal Trade Commis­ It is further ordered, That respondents sion Act, do forthwith cease and desist herein shall, within sixty (60) days after the representations prohibited in para­ graph one hereof. from; service upon them of this order, file with the Commission a report in writing set­ II. It is ordered, That respondent I. Misrepresenting, directly or by im­ Benton & Bowles, Inc., a corporation, its plication, that orders which are accepted ting forth in detail the manner and form of their compliance with this order. officers, agents, representatives, and em­ will be completed and shipped promptly, ployees, directly or through any corpo­ or within a reasonable period of time, Issued: September 13,1971. rate or other device, in connection with or within any designated time period in By the Commission. the offering for sale, sale or distribution excess of which a substantial number of of “Toast’em Pop-Ups” or any other orders are actually completed and [ s e a l ] C h ar les A . T o b in , consumer food product of similar compo­ shipped. Secretary. sition or possessing substantially similar II. Imposing any cancellation or other [FR Doc.71-15548 Filed 10-26-71;8:47 am] properties, or any General Foods Corp. charges in connection with orders re­ consumer food product, do forthwith ceived unless approval is obtained from cease and desist from directly or a consumer before the consumer’s order [Docket No. C-2038] indirectly: is accepted. PART 13— PROHIBITED TRADE Disseminating or causing the dissemi­ III. Increasing selling prices to con­ nation of any advertisement by means of sumers after receipt of their orders, un­ PRACTICES the United States mails or by any means less the right to do so is agreed to by General Foods Corp. and in commerce, as “commerce” is defined the consumer prior to the time when Benton & Bowles, Inc. in the Federal Trade Commission Act, his order is accepted by respondents. which represents directly or by implica­ IV. Shipping substitute merchandise Subpart— Advertising falsely or mis­ tion that any such product is a nutrition­ without obtaining a prior, expressed, leadingly: § 13.170 Qualities or prop-' ally sound substitute for any meal con­ written authorization from the affected erties of product or service: 13.170-64 sisting of identified foods unless such consumers. Nutritive. Subpart— Using deceptive product in fact is a nutritionally sound It is further ordered, That henceforth, techniques in advertising: § 13.2275 substitute for said, meal. from the date upon which respondents Using deceptive techniques in advertis­ III. It is further ordered, That the re­ receive notification of acceptance of this ing: 13.2275-70 Television depictions. spondent corporations shall forthwith order by the Commission, respondents (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets distribute a copy of this order to each of make a written offer of a full refund in or applies sec. 5, 38 Stat. 719, as am ended; their operating divisions. all instances in which it fails to make 15 U.S.C. 45) [Cease and desist order, General It is further ordered, That each cor­ a complete shipment to a consumer with­ Poods Corp. et al., White Plains, N.Y., Docket porate respondent notify the Commission No. C-2038, Sept. 13,1971] in 30 days of their receipt of the con­ at least 30 days prior to any proposed sumer’s order and payment therefor, un­ In the Matter of General Foods Corp., change in the corporate respondent such less a longer period for delivery has been a Corporation, and Benton & Bowles, as dissolution, assignment or sale re­ agreed to by the parties. When a longer Inc., a Corporation sulting in the emergence of a successor period for delivery has been agreed to corporation, the creation or dissolution Consent order requiring a major food of subsidiaries or any other change in and a complete shipment has not been corporation and its advertising agency made within that designated time re­ the corporation which may affect com­ with headquarters in "White Plains, N.Y., spondents shall make a written-offer of a pliance obligations arising out of the to cease representing falsely in connec­ full refund to the consumer. In either order. tion with selling or distributing “Toast event, when a refund offer is accepted by ’em Pop Ups” or any other consumer Issued: September 13, 1971. a consumer respondents shall send the food product, that such product is a nu­ refund to said consumer without delay. By the Commission. tritionally sound substitute for a regular It is further ordered, That respondents meal, and disseminating such representa­ [ s e a l ] C h ar les A. T o b in , Secretary. maintain files containing all inquiries or tion to induce the purchase of respond­ complaints relating to acts or practices ent’s preparation. [FR Doc.71-15550 Filed 10-26-71;8:48 am]

FEDERAL REGISTER, V O L 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 RULES AND REGULATIONS 20587

[Docket No. C-2053] respondents’ trade or business connec­ and respondents’ agents, representatives, tions, associations, affiliations or status. and employees, directly or through cor­ pART 13— PROHIBITED TRADE 2. Representing, directly or by im­ porate or other device, in connection with PRACTICES plication, that respondents have in stock any extension of consumer credit or any German Auto Agency et al. or sell new or unused Volkswagen auto­ advertisement to aid, assist directly, or mobiles or misrepresenting, in any man­ indirectly, any extension of consumer Subpart— Advertising falsely or mis­ ner, the condition or character of the credit as “consumer credit” and “adver­ leadingly: § 13.15 Business status, ad­ vehicles which respondents stock or sell. tisement” are defined in Regulation Z vantages, or connections: 13.15-30 Con­ 3. Advertising any used vehicle or (12 CFR Part 226) of the Truth in Lend­ nections or arrangements with others; group of used vehicles without clearly ing Act (Public Law 90-321, U.S.C. 1601, § 13.35 Condition of goods; § 13.71 and conspicuously disclosing in any and et seq.) to forthwith cease and desist Financing: 13.71-10 Truth in Lending all advertising thereof that the vehicle from: Act; § 13.73 Formal regulatory and stat­ or vehicles are used. 1. Failing to make all disclosures re­ utory requirements: 13.73-92 Truth in 4. Offering for sale or selling any quired to be made by Regulation Z prior Lending Act; § 13.90 History of product Volkswagen automobile which has been to consummation of the transaction, as or offering; § 13.155 Prices: 13.155-95 used without clearly and conspicuously required by § 226.8(a) of Regulation Z. Terms and conditions; 13.155-95(a) disclosing by decal or sticker attached 2. Failing to disclose the “annual per­ Truth in Lending Act. Subpart— Mis­ thereto that the vehicle is used. centage rate”, using that term accurate representing oneself and goods—Business 5. Failing orally to disclose to pro­ to the nearest quarter of one percent, status, advantages or connections: spective customers prior to the showing computed in accordance with § 226.5 of § 13.1395 Connections and arrange­ of any vehicle to a prospective customer Regulation Z, as required by § 226.8(b) ments with others; Misrepresenting one­ on which the odometer has been replaced (2> of Regulation Z. self and goods— Goods: § 13.159. Condi­ or the true mileage altered, that the mile­ 3. Failing to disclose accurately the tion of goods; § 13.1650 History of Prod­ age indicated thereon does not reflect the amount of the finance charge computed uct. Subpart— Neglecting, unf airly or de­ actual miles the vehicle has been driven. in accordance with § 226.4 of Regulation ceptively, to make material disclosure: 6. Offering for sale or selling any used Z, as required by § 226.8(c) (8) (i) of § 13.1852 Formal regulatory and statu­ Volkswagen automobile on which the Regulation Z, whether by failing to com­ tory requirements: 13.1852-75 Truth in odometer has been replaced, or the true ply with § 226.4(a) (5) of Regulation Z, Lending Act; § 13.1854 History of prod­ mileage altered, without clearly and con­ or otherwise. uct; § 13.1905 Terms and conditions: spicuously disclosing by decal or sticker 4. Failing to disclose the amount of 13.1905-60 Truth in Lending Act. attached thereto that the mileage indi­ the “unpaid balance”, using that term, (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or cated on the vehicle does not reflect the as required by § 226.8(c) (5) of Regula­ apply Sec. 5, 38 Stat. 719, as am ended, 82 actual miles the vehicle has been driven. tion Z. Stat. 146,147; 15 U.S.C. 45, 1601-1605) [Cease 7. Failing to disclose orally and in 5. Failing to disclose the “amount fi­ and desist order, German Auto Agency et al., specific detail to a prospective customer nanced”, using that term, as required by Arlington, Va., Docket No. C-2053, Sept. 28, if a vehicle being offered for sale to that § 226.8(c) (7) of Regulation Z. 1971] prospective customer differs in any of its 6. Stating in any advertisement the In the Matter of German Auto Agency, a components or in any other manner from amount of the downpayment required or Corporation, and George Sprague, new and unused vehicles of the same that no downpayment is required, the Individually, and as an Officer of make and year produced for sale in the amount of any installment payment, the Said Corporation, and Ray Culbert­ domestic American market. dollar amount of any finance charge, the son, Individually 8. Offering for sale or selling any used r umber of installments or the period of Volkswagen without clearly and con­ repayment, or that there is no charge for Consent order requiring an Arlington, spicuously disclosing by decal or sticker credit, without stating all of the follow­ Va., firm which sells, services and repairs attached thereto that the vehicle being ing items in terminology prescribed un­ used Volkswagen automobiles to cease offered for sale differs in any of its com­ der § 226.8 of Regulation Z, as required misrepresenting that they are franchised ponents or in any other manner from by § 226.10(d)(2) of Regulation Z: Volkswagen dealers, that they sell new new and unused vehicles of the same (i) The cash price; cars, failing to disclose that their cars are make and year produced for sale in the (ii) The amount of the downpayment used, failing to reveal that the odometers domestic American market, and item­ required or that no downpayment is re­ have been altered and failing to disclose izing such differences in detailed and quired, as applicable; that their warranties are not the same as specific terms. (iii) The number, amount, and due those of authorized Volkswagen dealers. 9. Failing to orally disclose prior to the dates or period of repayment scheduled Respondents are also required to make time of sale, and in writing on any bill to repay the indebtedness if the credit all the disclosures required by Regula­ of sale or any other instrument of in­ is extended; tion Z of the Truth in Lending Act. debtedness, executed by a purchaser of (iv) The amount of the finance charge The order to cease and desist, includ­ respondents’ Volkswagens and with such expressed as an annual percentage rate; ing further order requiring report of clarity as is likely to be observed and and compliance therewith, is as follows: read by such purchaser, that: (v) The deferred payment price. I. It is ordered, That respondents Ger­ Warranties provided by respondents 7. Failing, in any advertisement to aid, man Auto Agency, a corporation, and its are not identical to warranties provided promote or assist, directly or indirectly, officers, and George Sprague, individually by authorized Volkswagen dealers and any extension of consumer credit, as “ad­ and as an officer of said corporation, and that service and repair of Volkswagens vertisement” and “consumer credit” are Ray Culbertson, individually, and re­ under said warranties Will only be per­ defined in Regulation Z, to accurately spondents’ agents, representatives, and formed by respondents. disclose the amount of the “deferred employees, directly or through any cor- 10. Representing, directly or by impli­ payment”, when that amount is required poràte or other device, in connection with cation, that automobiles are warranted to be disclosed under the provisions of the advertising, offering for sale, sale or by respondents unless the nature, condi­ § 226.10(d) (2) of Regulation Z; or stat­ distribution of used Volkswagen automo­ tions and extent of the warranty, identity ing that no downpayment or any specific biles, or any other products or service in of the warrantor and the manner in amount of downpayment will be accepted commerce, as “commerce” is defined in which the warrantor will perform there­ in connection with the advertised ex­ the Federal Trade Commission Act, do under and clearly and conspicuously tension of credit unless respondents do, forthwith cease and desist from: disclosed. in fact, usually and customarily accept 1. Representing, directly or by impli­ 11. It is ordered, That the respondents or will accept downpayments in that cation, that respondents are an author­ German Auto Agency, a corporation, and amount. ized Volkswagen dealer or are a fran­ its officers, and George Sprague, individ­ 8. Failing, in any consumer credit chised dealer of the Volkswagen factory; ually and as an officer of said corpora­ transaction or advertisement, to make or misrepresenting, in any manner, the tion, and Ray Culbertson, individually, all disclosures, determined in accordance

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20588 RULES AND REGULATIONS

with §§ 226.4 and 226.5 of Regulation Z, duction unless caloric intake, exercise, sentations prohibited in paragraphs l in the manner, form and amount required and diet are also mentioned, to affirma­ and 2 above. by §§ 226.6, 226.7, 226.8, 226.9 and 226.10 tively make a disclosure of the above in 4. Disseminating, or causing the dis­ of Regulation Z. its advertising, and to cease making ref­ semination of, any advertisement by It is further ordered, That the respond­ erences to scientific and medical tests means of the U.S. mails or by any means ents notify the Commission at least thirty unless they actually have been made. in commerce, as “.commerce” is defined in (30) days prior to any proposed change in The order to cease and desist, includ­ the Federal Trade Commission Act, the corporate respondents, such as dis­ ing further order requiring report of which contains statements which are in­ solution, assignment or sale resulting in compliance therewith, is as follows: consistent with, negate or contradict the the emergence of a successor corporation, I. It is ordered, That respondent the affirmative disclosure required by para­ the creation or dissolution of subsidiaries, J. B. Williams Co., Inc., a corporation graphs 1(a) and 2 above, or which in or any other change in the corporation and respondent Parkson Advertising any way obscures the meaning of such which may affect compliance obligations Agency, Inc., a corporation, and their disclosure. arising out of this order. officers, representatives, agents, and em­ II. It is further ordered, That respond­ It is further ordered, That the respond­ ployees, directly or through any cor­ ent J. B. Williams Co., Inc., a corpora­ ent corporation shall forthwith distribute porate or other device, in connection tion, its officers, agents, representatives, a copy of this order to each of its oper­ with the advertising, labeling, offering and employees, directly or through any ating divisions. for sale, sale, or distribution of “Pro- corporate or other device, in connection It is further ordered, that respondents slim” or “Proslim 7-Day Reducing” with the advertising, labeling, offering deliver a copy of this order to cease and wafers, diet drink mix, or any other pur­ for sale, sale, or distribution of any con­ desist to all present and future personnel ported weight reducing or weight con­ sumer product do forthwith cease and of respondents engaged in the offering trol product, do forthwith cease and de­ desist from disseminating, or causing for sale, or sale of any products, or in the sist from: the dissemination of, any advertisement consummation of any extension of con­ 1. Disseminating, or causing the dis­ by means of the U.S. mails or by any sumer credit or in any aspect of prepara­ semination of, any advertisement by means in commerce, as “commerce” is tion, creation, or placing of advertising, means of the U.S. mails or by any means defined in the Federal Trade Commis­ and that respondents secure a signed in commerce, as “commerce” is defined sion Act, which in any manner makes statement acknowledging receipt of said in the Federal Trade Commission Act reference to scientific or medical tests order from such persons. which represents directly or by impli­ or studies as allegedly substantiating any It is further ordered, That the respond­ cation that: representation or claim as to the effec­ ents herein shall within sixty (60) days (a) Any such product is effective or tiveness or performance of any such after service upon them of this order file of any value for the purpose of weight product unless scientific or medical tests with the Commission a report in writing reduction, reduction of body size, or or studies in fact substantiate such rep­ setting forth in detail the manner and weight control, unless in immediate con­ resentation or claim. form in which they have complied with junction therewith it is disclosed clearly III. It is further ordered, That the the order. and conspicuously that any weight reduc­ provisions of Parts I and n of this order tion, weight control, or reduction in are not applicable to labels or labeling Issued: September 28,1971. body size which might result after use of affixed to or made part of the product By the Commission. said product would be by reason of a diet, package of “Proslim” or “Proslim 7-Day restricting caloric intake, or an exercise Reducing” wafers and diet drink mix or [ s e a l ] C h ar les A . T o b in , program and diet plan. any other purported weight reducing or Secretary. (b) The protein content of any such weight control product prior to the effec­ [PR Doc.71-15551 Piled 10-26-71;8:48 am] product is of any value for weight re­ tive date of this order, and as to all other duction or weight control. consumer products Part II hereof is not applicable to labels or labeling which [Docket No. C-2037] 2. Disseminating, or causing the dis­ have been purchased prior to the effec­ semination of, any advertisement by tive date of this order. PART 13— PROHIBITED TRADE means of the U.S. mails or by any means PRACTICES IV. It is further ordered, That re­ in commerce, as “commerce” is defined spondents shall forthwith distribute a J. B. Williams Co., Inc. and in the Federal Trade Commission Act, in copy of this order to each of their oper­ which the words “Proslim” or “Proslim Parkson Advertising Agency, Inc. ating divisions. 7-Day Reducing” are used or in which It is further ordered, That respondents Subpart— Advertising falsely or mis­ words of similar import or meaning are notify the Commission at least thirty leadingly: § 13.170 Qualities or proper­ used as a designation, description or (30) days prior to any proposed change ties of product or service: 13.170-64 trade name for any such product: Pro­ in the corporate respondent such as dis­ Nutritive; 13.170-74 Reducing, non­ vided, however, Respondents may use solution, assignment, or sale resulting in fattening low-calorie, etc.; § 13.210 Sci­ such words or words of similar import the emergence of a successor corpora­ entific tests. Subpart— Using deceptive or meaning as a designation, description, tion, the creation or dissolution of sub­ techniques in advertising: § 13.2275 or trade name for a diet plan, effective sidiaries or any other change in the cor­ Using deceptive techniques in advertis­ for weight reduction, and the word poration, which may affect compliance ing: 13.2275-70 Television depictions. “plan” or “system” is used as part of obligations arising out of the order. Subpart — Using misleading name — and immediately following the words It is further ordered, That respondents Goods: § 13.2325 Qualities or properties. “Proslim” or “Proslim 7-Day Reducing” submit to the Commission within sixty or words of similar import or meaning (60) days after the order becomes final (Sec. 6, 38 Stat. 721; 15 XJ.S.C. 46. Interprets with equal prominence and conspicuous­ or applies sec. 5, 38 Stat. 719, as am ended; all advertising, labels and labeling, for 15 U.S.C. 45) [Cease and desist order, The J. ness and such designation, description or products covered by this order to show B. Williams Co., Inc., et al., New York City, trade name, and the affirmative disclo­ the manner of compliance therewith, Docket No. C-2037, Sept. 9,1971] sure required by paragraph 1(a) hereof and thereafter will submit samples of all is clearly and conspicuously made in im­ such advertising, labels and labeling, In the Matter of the J. B. Williams Co., mediate conjunction therewith. Inc., a Corporation, and Parkson each 6 months to show continued com­ Advertising Agency, Inc., a Cor­ 3. Disseminating, or causing the dis­ pliance. poration semination of, any advertisement by any means, for the purpose of inducing, or Issued: September 9,1971. Consent order requiring a New York which is likely to induce, directly or in­ By the Commission. City manufacturer and distributor of directly, the purchase of any such prod­ weight reduction wafers and a diet drink [ s e a l ] C h ar les A. T o b in , uct, in commerce, as “commerce” is de­ Secretary. mix to cease representing falsely that any fined in the Federal Trade Commission such product is effective for weight re- Act, which contains any of the repre­ [JPR Doc.71-15560 Piled 10-26-71;8:49 am]

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 RULES AND REGULATIONS 20589

[Docket No. C-2046] It is further ordered, That respondent active member of any interfratemity or­ PART 13— PROHIBITED TRADE shall furnish a copy of this order to cease ganization, inducing any fraternity not and desist to all present and future per­ to deal with a competitor of respondent, PRACTICES sonnel of respondent engaged in the con­ and for a period of 10 years not to merge Jefferson’s Jewelers, Inc. summation of any extension of consumer with a competing company whose sales credit, and shall secure from each such are 10 percent or more than those of the Subpart— Misrepresenting oneself and person a signed statement acknowledg­ respondent unless approved by the Fed­ goods— Goods: § 13.1623 Formal regu­ ing receipt of said order. eral Trade Commission. The L. G. Bal­ latory and statutory requirements: It is further ordered, That respondent four Co. shall divest itself of its subsidi­ 13.1623-95 Truth in Lending Act; Mis­ notify the Commission at least thirty ary corporation, Burr, Patterson & Auld representing oneself and goods— Prices: (30) days prior to any proposed change Co., and for 5 years refrain from selling § 13.1823 Terms and conditions: in the corporate respondent, such as dis­ to Burr customers; the respondent shall 13.1823-20 Truth in Lending Act. Sub­ solution, assignment, or sale resultant in also cease disparaging the performance part—Neglecting, unfairly or deceptively, the emergence of a successor corporation, of or enticing away the employees of any to make material disclosure: § 13.1852 the creation or dissolution of subsidiaries, competing company, and entering into Formal regulatory and statutory require­ or any other change in the corporation any monopolistic. agreement with any ments: 13.1852-75 Truth in Lending which may affect compliance obligations high school official or high school class Act; § 13.1905 Terms and conditions: arising out of the order . officer concerning the purchase of high 13.1905-60 Truth in Lending Act. school class rings. All charges respecting It is further ordered, That respondent the person L. G. Balfour are dismissed. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret shall, within sixty (60) days after serv­ This order was modified' pursuant to a or apply Sec. 5, 38 Stat. 719, as am ended, 82 ice upon it of this order, file with the Stat. 146, 147; 15 U.S.C. 45, 1601-1605) [Cease decision of the court of appeals, seventh Commission a report in writing, setting and desist order, Jefferson’s Jewelers, Inc., circuit, April 5,1971. forth in detail the manner and form in Atlanta, Ga., Docket No. C-2046, Sept. 22, The modified order to cease and desist, which it has complied with the order to 1971] including further order requiring report cease and desist contained herein. In the Matter of Jefferson's Jewelers, of compliance therewith, is as follows: Inc., a Corporation Issued: September 22, 1971. D e f i n i t i o n s By the Commission. Consent order requiring an Atlanta, For the purposes of the order to be Ga., jeweler and pawnbroker to cease [ s e a l ] C h a r l e s A . T o b i n , issued in this proceeding, the following violating the Truth in Lending Act by Secretary. definitions shall apply: failing to furnish customers for open [PR Doc71—15552 Piled 10-26-71;8:48 am] (a ) “Fraternity” shall mean a college end credit accounts a single retainable social or college professional fraternity written statement of information, fail­ or sorority or college honor or college ing to furnish such customers a periodic [D ocket No. 8435] recognition society having more than one billing statement, failing to use the terms chapter; “Annual Percentage” and “Finance PART 13— PROHIBITED TRADE (b) “Fraternity products” shall mean Charge,” and other disclosures required PRACTICES products bearing the trademark or dis­ by Regulation Z of said Act. L. G. Balfour et al. tinctive insignia of a fraternity (as de­ The order to cease and desist, includ­ fined in (a) above); including, but not ing further order requiring report of. Subpart— Acquiring corporate stock or limited to, such products as standard compliance therewith, is as follows: assets: § 13.5 Acquiring corporate stock badges, jeweled badges, pledge buttons It is ordered, That respondent Jeffer­ or assets: 13.5-20 Federal Trade Com­ or pins, recognition pins, monogram pins, son’s Jewelers, Inc., its officers, agents, mission Act. Subpart— Coercing and in­ pendants, miscellaneous jewelry items, representatives, and employees, directly timidating: § 13.345 Competitors. Sub­ paddles, beer mugs, processed knitwear, or through any corporate or other de­ part— Combining or conspiring: § 13.455 blazers, party and dance favors, station­ vice, in connection with any extension To maintain monopoly. Subpart—Dis­ ery, pennants and other novelty-like of consumer credit, as “consumer credit” paraging competitors and their prod­ items; is defined in Regulation Z (12 CFR Part ucts— Competitors: § 13.950 Reliability, (c) “Findings” shall mean any prod­ 226) of the Truth in Lending Act (Public history and financial condition. Sub­ uct used in the manufacture, fabrication, Law 90-321, 15 U.S.C. 1601 et seq.), do part— Enticing away competitors’ em­ or processing of insignia jewelry, service forthwith cease and desist from: ployees: § 13.1050 Enticing away com­ awards, or specialty products including, 1. Failing to furnish each customer petitors’ employees. Subpart—Interfer­ but not limited to, tie bars, tie tacks, tie before the first transaction on any open ing with competitors or their goods— chains, cuff links, lapel pins or buttons, end credit account with a single written Competitors: § 13.1085 Harassing. key chains, identification bracelets, belt statement, which the customer may re­ buckles, pendants, compacts, vanities, tain, disclosing to the customer all the (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets or applies sec. 5, 38 Stat. 719, as am ended; cigarette lighters, billfolds, jewel or information required to be disclosed by cigarette boxes, and pens and pencils. § 226.7(a) of Regulation Z. 15 U.S.C. 45) [Modified order to cease and desist, L. G. Balfour et al., Attleboro, Mass., I. It is ordered, That respondent L. G. 2. Failing to furnish each open end Docket No. 8435, Sept. 23, 1971] Balfour Co., a corporation, and its offi­ credit account customer a periodic bill­ cers, agents, representatives, employees, ing statement disclosing to the customer In the Matter of L. G. Balfour Co., a subsidiaries, successors, and assigns and all the information required to be dis­ Corporation, Lloyd G. Balfour, In ­ respondent Burr, Patterson, and Auld closed by § 226.7(b) of Regulation Z. dividually and as an officer of Said Co., a corporation, and its officers, 3. Failing, in any consumer credit Corporation and Burr, Patterson & Auld Co., a Coporation agents, representatives, employees, sub­ transaction other than open end credit, sidiaries, successors and assigns, in con­ to print the terms “Annual Percentage Order modifying a cease and desist nection with the sale, offering for sale, Rate” and “Finance Charge,” where re­ order of July 29, 1968, 33 F.R. 14539, or distribution of fraternity products in quired by Regulation Z to be used, more which required the Nation’s largest commerce, as “commerce” is defined in conspicuously than other required ter­ manufacturer of college fraternity the Federal Trade Commission Act, shall minology, as set forth in § 226.6(a) of jewelry and its sales subsidiary to cease terminate all contracts, agreements, un­ Regulation Z. various anticompetitive practices to also derstandings, or arrangements, written 4. Failing, in any consumer credit cease monopolizing the sale and distribu­ or oral, in effect with any fraternity transaction, to make all disclosures de­ tion of fraternity jewelry and other relating in any manner to the manu­ termined in accordance with § § 226.4 products, making exclusive contracts facture, sale, or distribution of fraternity and 226.5 of Regulation Z in the manner, with any fraternity, for a period of 5 products. Respondents shall send a writ­ and amount required by §§ 226.6, years making any contract to be effec­ ten notice of termination to each said 226.7, and 226.8 of Regulation Z. tive for over 1 year, participating a s a n fraternity, together with a copy of this

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20590 RULES AND REGULATIONS order; and a copy of such notice and ployees, subsidiaries, successors, and as­ ing any fraternity products to any fra­ order, together with a list of the frater­ signs, in connection with the manufac­ ternity that was under an official, co­ nities to which said notice and order ture, sale, offering for sale, or distribu­ official or sole official jeweler contract has been sent, shall be furnished to the tion of fraternity products in commerce, with respondent Burr, Patterson & Auld Federal Trade Commission within 30 days as “commerce” is defined in the Federal as of June 16, 1961. thereafter. Trade Commission Act, do forthwith V. It is further ordered, That re­ XL It is further ordered, That re­ cease and desist from: spondent L. G. Balfour Co., a corpora­ spondent L. G. Balfour Co., a corpora­ (1) Falsely representing that any com­ tion, and its officers, agents, representa­ tion, and its officers, agents, representa­ petitor has manufactured, distributed, or tives, employees, subsidiaries, successors tives, employees, subsidiaries, successors, sold any or all types of fraternity prod­ and assigns and respondent Burr, Patter­ and assigns and respondent Burr, Pat­ ucts without permission or authorization son and Auld Co., a corporation, and its terson, and Auld Co., a corporation, and of any fraternity or fraternities; officers, agents, representatives, em­ its officers, agents, representatives, em­ (2) Inducing or coercing any fra­ ployees, subsidiaries, successors and as­ ployees, subsidiaries, successors, and as­ ternity or any officer, member or em­ signs, in connection with the manufac­ signs, in connection with the sale offer­ ployee thereof, (a) to refrain from giving ture, sale, offering for sale or distribution ing for sale, or distribution of fraternity fair consideration to offers by respond­ of any of their products in commerce, as products in commerce, as “commerce” is ents’ competitors to sell any or all types “commerce” is defined in the Federal defined in the Federal Trade Commission of fraternity products to any fraternity Trade Commission Act, shall cease and Act, do forthwith cease and desist from: or any member thereof, or (b) to deny desist from: (1) Monopolizing, or attempting to respondents’ competitors free and open (1) Falsely imputing to any competi­ monopolize, the manufacture, sale, or dis­ access to the national offices or chapter tor dishonorable conduct, inability to tribution of fraternity products by uti­ houses of any fraternity, or (c) to cancel perform contracts, questionable credit lizing any plan, policy, method, system, any existing contract or purchase order standing, or falsely disparaging any com­ program, or device which has the pur­ of respondents’ competitors covering the petitor’s products, business methods, pose or effect of foreclosing competitors sale of any or all types of fraternity selling prices, values, credit terms, from the manufacture, sale, or distribu­ products to any fraternity or to any policies or services; tion of such products, or utilizing any member thereof; (2) Enticing away employees or sales contract, agreement, understanding, or (3) During a period of ten (10) years representatives from any competitor with arrangement, written or oral, which has from the date of entry of this order, pur­ the intent or effect of injuring any com­ the purpose or effect of unlawfully fore­ chasing, merging or consolidating with, petitor or competitors. This provision closing, restricting, restraining, or elimi­ or in any way acquiring any interest in, shall not prohibit any person from seek­ nating competition in the manufacture, any competitor engaged in the manu­ ing more favorable employment with sale, or distribution of such products; facture, distribution, or sale of any or respondents, or either of them, or to (2) Entering into, maintaining, or all types of fraternity products whose prohibit said respondents, or either of utilizing any contract, agreement, un­ sales of said fraternity products consti­ them, from hiring or offering employ­ derstanding, or arrangement, written or tute an amount in excess of ten (10) per­ ment to employees of a competitor in oral, with any fraternity which desig­ cent of the total sales of such competitor, good faith and not for the purpose of nates, appoints, authorizes, grants, or en­ unless permission to make such merger, inflicting injury on such competitor; titles respondents, or either of them, to consolidation or acquisition is first ob­ (3) Entering into any contract, agree­ be sole or exclusive supplier, or sup­ tained from the Federal Trade Commis­ ment, understanding or arrangement, pliers, of any or all types of fraternity sion; written or oral, with any supplier of any products to said fraternity, or which re­ (4) Entering into any contract, agree­ finding or findings that such supplier quires or obligates said fraternity to pur­ ment, understanding, or arrangement, shall not sell said finding or findings to chase all or substantially all of its re­ written or oral, with any manufacturer any competitor of respondents. quirements of any or all types of or distributor of any fraternity product, VI. It is further ordered, That re­ fraternity products from respondents, or or any product intended for sale or spondent L. G. Balfour Co., a corpora­ either or them; distribution to any fraternity, that tion, its officers, agents, employees, (3) For a period of five (5) years, en­ such supplier shall not sell said prod­ representatives, subsidiaries, successors tering into, maintaining or utilizing any uct, or products, to any competitor of and assigns, directly or indirectly, contract, agreement, understanding, or respondents. through any corporate or other device, arrangement, written or oral, with any XV. It is further ordered, That re­ in or in connection with the offering for fraternity which continues in effect for spondent L. G. Baifour Co., within one sale, sale or distribution of high school a period longer than 1 year; (1) year from the date this order becomes class rings in commerce, as “commerce” (4) Representing, directly or by im­ final, shall divest itself, absolutely and is defined in the Federal Trade Commis­ plication, that respondents, or either of in good faith, of all assets, properties, sion Act, do forthwith cease and desist them, are the sole authorized supplier rights and privileges, tangible and in­ from: or suppliers of any or all types of frater­ tangible, of respondent Burr, Patterson (1) Entering into, establishing, main­ nity products to any fraternity; & Auld Co. relating in any way to the taining, enforcing, or continuing in op­ (5) Holding any office in, making any manufacture, sale or distribution of eration or effect beyond the first school financial or other contribution of value fraternity products, including patents, year that ends after the effective date of to, or participating in any manner in the trademarks, trade names, firm names, this order, any contract, agreement or management of the affairs of any orga­ good will, contracts, and customer lists. understanding with any high school of­ nization composed of more than one fra­ In such divestment no property above ficial or high school class with respect to ternity, such as, but not limited to, the mentioned to be divested shall be sold the sale, supply or distribution of high Interfraternity Research and Advisory or transferred, directly or indirectly, to school class rings which fails to set forth Council, National Interfraternity Con­ anyone who at the time of the divestiture all of the terms essential to enable per­ ference, National Panhellenic Confer­ is a stockholder, officer, director, em­ formance of such contract, agreement or ence. National Panhellenic Council, ployee or agent of, or otherwise directly understanding, including a description Professional Interfratemity Council, Pro­ or indirectly connected with, or under of the ring being ordered and the price fessional Panhellenic Association or As­ the control or influence of, respondent thereof ; sociation of College Honor Societies. L. G. Balfour Co., or to any purchaser (2) Entering into, establishing, main­ III. It is further ordered, That re­who is not approved by the Federal Trade taining, enforcing, or continuing in oper­ spondent X». G. Balfour Co., a corpora­ Commission. ation or effect beyond the first school tion, and its officers, agents, representa­ Commencing upon the date this order year that ends after the effective date tives, employees, subsidiaries, successors, becomes final and continuing for a period of this order, any contract, agreement and assigns and respondent Burr, Patter­ of five (5) years from and after the ef­ or understanding with any high school son and Auld Co., a corporation, and its fective date of the divestiture, respondent official or high school class with respect officers, agents, representatives, em­ L. G. Balfour Co. shall refrain from sell­ to the sale, supply or distribution of high

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 RULES AND REGULATIONS 20591 school class rings which continues in after until it has fully complied with this other name, and respondent’s agents, effect for a period longer than 1 year: order, submit to the Commission a de­ representatives, and employees, directly Provided, however, That respondent L. G. tailed written report of its actions, plans, or through any corporate or other device, Balfour Co., a corporation, and its offi­ and progress in complying with the pro­ in connection with any extension of con­ cers, agents, representatives, employees, visions of Part IV of this order. sumer credit or any advertisement to aid, subsidiaries, successors and assigns, may V n i. It is further ordered, That all promote, or assist directly or indirectly any extension of consumer credit, as enter into such contract, agreement or charges respecting respondent L. G. “consumer credit” and “advertisement” understanding for a period not in excess Balfour be, and they hereby are, are defined in Regulation Z (12 CFR of 3 years if (i) the manufacture of the dismissed. It is further ordered, That the Com­ Part 226) of the Truth in Lending Act high school class rings that are the sub­ (Public Law 90-321, 15 U.S.C. 1601 et mission’s decision is hereby modified by ject of any contract, agreement, or seq.), do forthwith cease and desist from : striking therefrom the Commission’s understanding requires respondent to 1. Failing to print the terms “annual findings that respondents misrepre­ construct a complete and original set percentage rate” and “finance charge”, of dies usable solely for said rings, (ii) sented the extent of fraternities’ trade­ where required by Regulation Z to be the die charges are separately quoted mark protection and the Commission’s used, more conspicuously than other re­ and stated by respondent and (iii) the findings relating to the manner or mo­ quired terminology, as set forth in contract, agreement, or understanding tive of -Balfour’s acquisition of Burr, § 226.6(a) of Regulation Z. provides that the dies become the prop­ Patterson & Auld Co. and Edwards 2. Failing to disclose the rate of erty of the high school at the expiration Haldeman. finance charge as an annual percentage thereof; Issued: September 23, 1971. rate, computed in accordance with (3) Representing, directly or by im­ § 226.5 of Regulation Z, as required by plication, th at special prices, discount By the Commission. § 226.8(b) (2) of Regulation Z. prices, term prices, discounts, or rebates [ s e a l ] C h a r le s A . T o b in , 3. Failing, in any consumer credit are afforded to purchasers o f h ig h school Secretary. transaction or advertisement, to make class rings unless the price at w h ich such all disclosures determined in accordance [FR Doc.71-15546 Filed 10-26-71;8:47 am] merchandise is offered constitutes a re­ with §§ 226.4 and 226.5 of Regulation Z duction equal to an y am ount stated, or in the manner, form and amount re­ otherwise directly or by implication rep­ [D ocket No. C-2051] quired by §§ 226.6, 226.8, 226.9 and 226.10 resented, fro m the actual, b o n a fide price of Regulation Z. at which such merchandise was offered PART 13— PROHIBITED TRADE It is further ordered, That respondent to high schools on a regular basis dur­ PRACTICES deliver a copy of this order to cease and desist to all present and future personnel ing the calen dar y ear in w h ich such Morris Shmerling and representation is made in the regular of respondent’s engaged in the consum­ course o f business in the trad e area Reliable Loan Office mation of any extension of consumer where the representation is m ade, an d Subpart— Advertising falsely or mis­ credit or in any aspect of preparation, creation, or placing of advertising, and unless such regular price and the dis­ leadingly: § 13.71 Financing: 13.71-10 that respondent secure a signed state­ count price, discount rate, or rebate Truth in Lending Act; § 13.73 Formal ment acknowledging receipt of said order terms are clearly set fo rth in such regulatory and statutory requirements: from each such person. agreement; 13.73-92 Truth in Lending Act; § 13.155 (4) Entering into, establishing, main­ Prices: 13.155-95 Terms and conditions; It is further ordered, That respondent notify the Commission at least thirty taining, or enforcing at any time after 13.155-95 (a) Truth in Lending Act. (30) days prior to any proposed sale of the first school year that ends after the Subpart— Misrepresenting oneself and effective date of this order, any contract, respondent’s business, any proposed goods— Goods: § 13.1623 Formal regu­ change in the name under which re­ agreement, or understanding with any latory and statutory requirements: 13.- spondent does business, any change in high school official or high school class 1623-95 Truth in Lending Act; Misrep­ the form of respondent’s business such with respect to the sale, supply, or dis­ resenting oneself and goods— Prices: as incorporation or formation of a busi­ tribution of high school class rings more § 13.1823 Terms and conditions: 13.- ness partnership, or the entry of re­ than 60 days prior to the date upon 1823-20 Truth in Lending Act. Sub­ spondent into any other business indi­ which the term of such contract, agree­ part— Neglecting, unfairly or deceptively, vidually or through a corporation, ment, or understanding is to begin; to make material disclosure: § 13.1852 business partnership, or other form of (5) Entering into, establishing, main­ Formal regulatory and statutory require­ doing business, or other change in re­ taining or enforcing at any time after ments: 13.1852-75 Truth in Lending spondent’s business status which may the first school year that ends after the Act; § 13.1905 Terms and conditions: affect compliance obligations arising out effective date of this order, any contract, 13.1905-60 Truth in Lending Act. of this order. agreement, or understanding with any It is further ordered, That the re­ person whereby respondent will alter­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret spondent herein shall, within sixty (60) or apply sec. 5, 38 Stat. 719, as amended, 82 nate, rotate, or otherwise share with any days after service upon him of this order, Stat. 146,147; 15 U.S.C. 45, 1601-1605) [Cease file with the Commission a report in competitor in the sale or supply of high and desist order, Morris Shmerling et al., school class rings to any high school Atlanta, Ga., Docket No. C-2051, Sept. 22, writing setting forth in detail the man­ class. 1971] ner and form in which he has complied with this order. VII. It is further ordered, That re­ In the Matter of Morris Shmerling, In ­ spondent L. G. Balfour Co. and respond­ dividually and Doing Business as Re­ Issued: September 22,1971. ent Biur, Patterson & Auld shall, within liable Loan Office sixty (60) days from the date of service By the Commission. of this order, submit to the Federal Trade Consent order requiring an Atlanta, [ s e a l ] C h a r le s A . T o b in , Commission a report, in writing, setting Ga., individual doing business as a pawn­ Secretary. forth in detail the manner and form in broker to cease violating the Truth in [FR Doc.71-15553 Filed 10-26-71;8:48 am] which they have complied with Parts I, Lending Act by failing to disclose and H, III, and V of this order; respondent print where required the annual per­ L. G. Balfour Co. shall also, within sixty centage rate and finance charge, and [D ocket No. 0-2045] (60) days from the date of such service, make all disclosures required by Regula­ submit to the Federal Trade Commission tion Z of said Act. PART 13— PROHIBITED TRADE a report, in writing, setting forth in detail The order to cease and desist, includ­ PRACTICES the manner and form in which it has ing further order requiring report of Natpac Inc., et al. complied with Part V I of this order; and compliance therewith, is as follows: respondent L. G. Balfour Co. shall also, It is ordered, That respondent, Morris Subpart— Advertising falsely or mis­ within sixty (60) days from such date dî Shmerling, individually and doing busi­ leadingly: § 13.70 Fictitious or mislead­ service and every sixty (60) days there- ness as Reliable Loan Office or under any ing guarantees; § 13.75 Free goods or

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20592 RULES AND REGULATIONS services; § 13.155 Prices: 13.155-35 Budgeting Co., Inc.; Connecticut Bud­ import, that the packaged goods may not Discount savings; 13.155-95 Terms and geting Service, Inc.; Associated Budget­ always bear a brand name but that it will conditions; § 13.175 Quality of product ing Corp.; Garden Budgeting Corp.; in all instances be equal to the highest or service; § 13.230 Size or weight; Lenda-Freeze, Inc.; and any subsidiary USDA grade for such foods. § 13.1623 Formal regulatory and statu­ or affiliated companies, and their officers 2. Failing to clearly, accurately and tory requirements: 13.1623-95 Truth in and respondents’ agents, representa­ conspicuously disclose in writing to each Lending Act; § 13.1625 Free goods tives, and employees, directly or through potential customer, prior to the tim e of or services; § 13.1647 Guarantees; any corporate or other device, in con­ sale, and in conjunction with all descrip­ § 13.1715 Quality; § 13.1743 Size or nection with the advertising, offering for tions of respondents’ food plans: weight; § 13.1760 Terms and condi­ sale, sale or distribution of freezers, (a) The weight of each nonmeat item tions; 13.1760-50 Sales contract; Mis­ food or freezer food Rians, or any other or package offered in each food category. representing oneself and goods— Prices: products or services, in commerce, as (b) The total weight of and number § 13.1823 Terms and conditions; “commerce” is defined in the Federal of packages in each nonmeat food cate­ 13.1823-30 Truth in Lending Act. Sub­ Trade Commission Act, do forthwith gory comprising respondents’ food plans. part— Neglecting, unfairly or decep­ cease and desist from: (c) The total weight of meat supplied tively, to make material disclosure: ; 1. Representing, directly or by impli­ during any stated term of payment. § 13.1852 Formal regulatory and statu­ cation that: (d ) The total cost of all food for any tory requirements; 13.1852-75 Truth in (a) Customers, will receive freezers term of payment. Lending Act; § 13.1892 Sales contract, free or as a gift, or without cost or (e) The total cost of respondents’ food right-to-cancel provision; § 13.1905 charge, in connection with the purchase plans. Terms and conditions : 13.1905-60 of any other product or service, unless (f) The total cost per month to the Truth in Lending Act. such freezer is given as a gift or free of customer, of any freezer leased, loaned all charges. (Sec. 6, 38 Stat. 721; 15 U.S.G. 46. Interpret or sold to said customer. or apply sec. 5, 38 Stat. 719, as am ended, 82 (b) Freezers are custom built or of a commercial grade or quality. It is further provided, That the infor­ Stat. 146, 147; 15 U.S.C. 45, 1601-1605) [Cease mation required in (a ), ( b ) , and (c) and desist order, Natpac Inc., et al., Ozone (c) Customers realize any savings or Park , N.Y., Docket No. C-2045, Sept. 21, 1971] discounts over the cost of food of similar above with respect to the weight and quantity and quality purchased at regu­ number of packages, will be furnished In the Matter of Natpac Inc., Natpac of lar retail food outlets, when such sav­ with each delivery of food. New Jersey, Inc., Natpac of New ings are not realized or, misrepresenting 3. Inducing purchasers of food, or food York, Inc., Natpac of Connecticut, in any manner, the amount of savings and freezers or other merchandise to sign Inc., Natpac of Long Island, Inc., available or offered to purchasers. any promissory note or instrument of Natpac Foods, Inc., Natpac South, (d) Respondents’ food plans will pro­ like nature and import unless said instru­ Inc., Food Financiers, Inc., National vide sufficient food to feed a given num­ ment or attachment thereto contains all Budgeting Co., Inc., Connecticut ber of persons for a specific time period of the terms and conditions of the prom­ Budgeting Service, Inc., Associated or furnishing and delivering to customers ise and unless purchasers are fully ap­ Budgeting Corp., Garden Budgeting food which differs in quantity and qual­ prised of the nature and contents thereof. Corp., Lenda-Freeze, Inc., and ity from that, which was represented by 4. Failing to supply purchasers at the Guaranteed Home Food Service, the respondents. time of execution of contracts or written Inc., Corporations (e) Respondents’ food plans may be agreements with copies of all agreements, Consent order requiring 14 sellers of purchased and paid for on weekly install­ instruments, notes and other written freezers, food, and freezer-food plans lo­ ments or any other periodic basis unless memoranda signed by such purchasers cated in New York, Connecticut, New respondents’ customers usually and cus­ and fully completed with all terms set Jersey, Pennsylvania, and the District of tomarily are permitted to purchase food out and all blanks filled in, with the ex­ Columbia to cease misrepresenting that plans on such a basis. ception of the serial number of the their freezers are free in connection with (f) Any of respondents’ products are freezer unit which will be filled in upon purchase of the food, that the food is guaranteed unless, in immediate con­ delivery. sold at a discount, that some food plans junction therewith the nature and ex­ 5. Failing to incorporate the following may be purchased on a weekly basis, tent of the guarantee, the manner in statement on the face of all contracts making false guarantees, misrepresent­ which the guarantor will perform and the executed by respondents’ customers with ing the grade of the meat sold, that a identity of each guarantor are clearly and such conspicuousness and clarity as is home economist will supervise customers’ conspicuously disclosed. likely to be observed, read, and under­ menus, that nonmeat foods are packaged (g) USDA Prime meat is included in stood by the purchaser: byiiational firms, and failing to disclose respondents’ food plans unless, in fact, I m po b tant N otice to each potential customer all the details U.S. Prime meat is so included; or mis­ of cost; respondents are also forbidden representing in any manner the grades If you are obtaining credit in connection to induce signing of promissory notes with this contract, you will be required to of meat offered or available from sign a promissory note. This note may be without disclosing all the contents, fail­ respondents. purchased by a bank, finance company or ing to print a notice on face of contract, (h) The cost of freezers purchased any other third party. If it is purchased by that it may be sold to a third party, using from respondents is subsidized by sav­ another party, you will be required to make false testimonial letters, claiming they ings realized as a result of belonging to your payments to the purchaser of the note. have been in business since 1922, and respondents’ food plan, as opposed to the You should be aware that if this happens yoq failing to include in their contracts a usual cost of food of similar quality and may have to pay the note in full to the new owner of the note even if this contract is not notice that the contract may be cancelled quantity purchased at regular retail su­ fulfilled. by customer within 3 days. Respondents permarkets, unless such savings are are also required to make all disclosures realized. 6. Representing to prospective cus­ required by Regulation Z of the Truth in (i) The cost of a freezer is less than the tomers that they have won valuable Lending Act. amount stated in the terms of the retail prizes, such as a sewing machine, in a The order to cease and desist, includ­ installment agreement or contract of sweepstakes drawing conducted by the ing further order requiring report of sale for the freezer. respondents, when such valuable prizes compliance therewith, is as follows: (j ) That home economists or food con­ are not awarded. I. It is ordered, That respondents Nat­sultants will supervise the preparation of 7. Representing to prospective or pac Inc.; Natpac of New Jersey, Inc.; customers’ menus. actual customers that food prices charged Natpac of New York, Inc.; Natpac of (k) Foods, other than meat, are by the respondents are guaranteed not to Connecticut, Inc.; Natpac of Long Island, packaged by national packers, without increase for a 3-year or other time period, Inc.; Natpac Foods7 Inc.; Natpac South, first disclosing to the customers, prior to without first setting forth clearly and Inc.; Guaranteed Home Pood Service, their signing any agreement, promissory conspicuously all conditions and terms Inc.; Pood Financiers, Inc.; National note, or instrument of like nature and related to such guarantee.

FEDERAL REGISTER, VQL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 RULES AND REGULATIONS 20593

8. Representing that customers have II. It is further ordered, That re­in which they have complied with this written testimonial letters, praising the spondents Natpac, Inc.; Natpac of New order. benefits of the respondents’ food plans, Jersey, Inc.; Natpac of New York, Inc.; Issued: September 21,1971. when such letters are not written by the Natpac of Connecticut, Inc.; Natpac of customers, or signed by them prior to the Long Island, Inc.; Natpac Foods, Inc.; By the Commission. customers having had ample time to fully Natpac South, Inc.; Food Financiers, [ s e a l ] C h a r l e s A . T o b i n , and completely appraise the full value of Inc.; National Budgeting Co., Inc.; Con­ Secretary. the respondents’ food plans. necticut Budgeting Service, Inc.; Asso­ 9. Representing that the respondents ciated Budgeting Corp.; Garden Budget­ [PR Doc. 71-15554 Piled 10-26-71;8:48 am] have been in the food business since 1922 ing Corp.; Lenda-Freeze, Inc., and or any other time period other than the Guaranteed Home Food Service, Inc., [Docket No. C-2039] actual number of years the respondents corporations and their officers, and re­ have been in the food business. spondents’ agents, representatives, and PART 13— PROHIBITED TRADE 10. Obtaining signatures on any prom­ employees, directly or through any PRACTICES issory note, contract, or other instru­ corporate or other device, in connection Parrott & Co. and ment of like nature and import, which with the offering for sale, sale or dis­ does not contain a “Notice of Cancella­ tribution of any food or freezer food plan, Saska-Parrott Ski Co. tion” which may be exercised by the do forthwith cease and desist from, di­ Subpart— Advertising falsely or mis­ buyer, if he so chooses, to cancel any rectly or indirectly: leadingly: § 13.30 Composition of time within three business days after he 1. Disseminating or causing to be dis­ goods. Subpart— Furnishing means and has signed the contract, promissory note seminated, any advertisement by any instrumentalities of misrepresentation or other instrument of like nature and means in commerce, as “commerce” is or deception: § 13.1055 Furnishing import. Such notice shall allow the buyer defined in the Federal Trade Commission means and instrumentalities of misrep­ to use any reasonable method to notify Act, which advertisement contains any resentation or deception. the seller of his intent to cancel, includ­ representation prohibited in part I of ing mailing or delivering the signed no­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. In ter­ this order, which fails to comply with prets or applies sec. 5, 38 Stat. 719, as tice to the seller’s address. the affirmative requirements of said part amended: 15 U.S.C. 45) [Cease and desist It is further ordered, That respond­ I of this order, or which contains any order, Parrott & Co. et al., San Francisco, ents Natpac, Inc.; Natpac of New Jersey, of the misrepresentations prohibited Calif., Docket No. C-2039, Sept. 13, 1971] Inc.; Natpac of New York, Inc.; Natpac therein. In the Matter of Parrott & Co., a Cor­ of Connecticut, Inc.; Natpac of Long 2. Disseminating or causing the dis­ island, Inc.; Natpac Foods, Inc.; Natpac poration Doing Business as Saska- semination of any advertisement by any Parrott Ski Co. South, Inc.; Food Financiers, Inc.; N a­ means for the purpose of inducing or tional Budgeting Co., Inc.; Connecticut which is likely to induce, directly or in­ Consent order requiring a San Fran­ Budgeting Service, Inc.; Associated directly, the purchase of any food, or cisco, Calif., seller and distributor of Budgeting Corp.; Garden Budgeting any purchasing plan involving food in Kneissl skis and other merchandise to Corp.; Lenda-Freeze, Inc.; and Guaran­ commerce as “commerce” is defined in cease representing falsely that only teed Home Food Service, Inc., corpora­ the Federal Trade Commission Act, Kneissl makes fiberglass skis, that any tions, and their officers, agents, repre­ which advertisement contains any of the model is constructed entirely of fiber­ sentatives, and employees, directly or representations prohibited in part I of glass when it is not, and representing through any corporate or other device, in this order, which fails to comply with that no wood is used in such skis when­ connection with any extension of con­ the affirmative requirements of said part ever such is not the case. sumer credit or any advertisement to aid, I of this order, or which contains any The order to cease and desist, includ­ promote, or assist directly or indirectly, of the misrepresentations prohibited ing further order requiring report of any extension of consumer credit, as therein. compliance therewith, is as follows: “consumer credit” and “advertisement” It is ordered, That respondent Par­ It is further ordered, That respondents are defined in Regulation Z (12 CFR Part rott & Co., a corporation, doing business shall forthwith distribute a copy of this 226) of the Truth in Lending Act (Pub­ as Saska-Parrott Ski Co., directly or order to each of their operating divisions lic Law 90-321, 15 U.S.C. 1601 et seq.), through any corporate or other device, and, in addition, to all present and fu­ do forthwith cease and desist from: in connection with the advertising, ture officers, managers and salesmen, and 1. Stating, utilizing, or placing any in­ offering for sale, sale or distribution of to present and future personnel engaged formation or explanation not required Kneissl skis or any other product, in in the consummation of sales of respond­ or authorized by Regulation Z in a man­ commerce, as “commerce” is defined in ner which might tend to mislead or ents’ products or in any aspect of prepa­ the Federal Trade Commission Act, do confuse the customer or contradict, ob­ ration, creation or placing of advertis­ forthwith cease and desist from: scure, or detract attention from the in­ ing, and that respondents secure a signed statement acknowledging receipt of said (1) Making, or causing to be made, formation required by Regulation Z to be directly or by implication, any false or disclosed. order from each such officer, manager, misleading statements or representa­ 2. Failing to use the term “total of salesman and from the other aforemen­ tioned personnel. tions concerning any objectively deter­ payments” to describe the sum of the minable characteristic of Kneissl skis payments scheduled to repay the in­ HI. It is further ordered, That re­ or any other article of merchandise ad­ debtedness, as required by § 226.8(b) (3) spondents notify the Commission at least vertised, offered for sale, sold, or dis­ of Regulation Z. thirty (30) days prior to any proposed tributed by respondent or any article 3. Failing to disclose the sum of the change in the corporate respondents, of merchandise advertised, offered for cash price, the finance charge, and all such as dissolution, assignment or sale sale, sold, or distributed in competition other charges included in the amount resulting in the emergence of a succes­ with respondent’s merchandise. This financed which are not part of the sor corporation, the creation or dissolu­ prohibition shall include, but not be finance charge, or failing to describe that tion of subsidiaries or any other change limited to, making any statements or sum as the “deferred payment price”, as representations representing, directly or required by § 226.8(c) (8) (ii) of Regula­ in the corporation which may affect com­ tion Z. pliance obligations arising out of the by implication, that: 4. Failing, in any consumer credit order. (a) Ònly Kneissl makes, or has made, skis which can be truthfully described transaction or advertisement, to make It is further ordered, That respondents as “fiberglass skis” as opposed to “wood- all disclosures, determined in accord­ herein shall within sixty (60) days after ance with §§ 226.4 and 226.5 of Regula­ fiberglass skis” or “metal fiberglass tion Z, in the manner, form, and amount service upon them of this order, file with skis.” required by §§ 226.6, 226.7, 226.8, 226.9, the Commission a report in writing set­ (b) Any model of Kneissl skis is con­ and 226.10 of Regulation Z. ting forth in detail the manner and form structed entirely of fiberglass, whenever

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 No. 207------4 20594 RULES AND REGULATIONS

said model is not in fact so constructed. Issued : September 13,1971. quarter of one percent, in accordance with § 226.5 of Regulation Z, as required (c) No wood is used in the construc­ By the Commission. tion of any model of Kneissl skis when­ by § 226.8(b) (2) of Regulation Z. ever such is not the case. [ seal] Charles A. Tobin, 3. Engaging in any consumer credit (d) Any portion of the interior of any Secretary. transactions or disseminating any ad­ model of Kneissl skis is -either hollow [FR Doc.71—15555 Filed 10-26-71:8:48 am] vertising within the meaning of Regula­ or filled with some substance other than tion Z of the Truth in Lending Act with­ wood, when said area is in fact filled out making all disclosures that are re­ with wood. [D ocket No. C—2018] quired by §§ 226.6, 226.8, and 226.10 of (e) Any diagram, cross-section cut, or PART 13— PROHIBITED TRADE Regulation Z in the amount, manner and mockup used and distributed by respond­ PRACTICES form specified therein. ent accurately reflects the design, con­ It is further ordered, That respond­ struction, or composition of any model S. L. Savidge, Inc. ent S. L. Savidge, Inc., a corporation, re­ of Kneissl skis whenever said diagram, spondent’s officers, representatives, em­ cross-section cut, or mockup does not Subpart— Advertising falsely or mis­ ployees, and agents, directly or through accurately reflect the design, construc­ leadingly: § 13.71 Financing: 13.71-10 any corporate or other device, in con­ tion, or composition of the respective Truth in Lending Act; § 13.73 Formal nection with the advertising, offering for model of Kneissl skis which it is repre­ regulatory and statutory requirements: sale, sale or distribution of automobiles sented as accurately reflecting. 13.73-92 Truth in Lending Act; § 13.155 or any other merchandise, in commerce, (f) The design, construction, or com­ Prices: 13.155-95 Terms and condi­ as “commerce” is defined in the Federal position of a given model of Kneissl ski tions: 13.155-95 (a) Truth in Lending Trade Commission Act, do forthwith does not vary substantially from ski to Act. Subpart— Misrepresenting oneself cease and desist from: ski when such is not the case. and goods: § 13.1623 Formal regulatory 1. Representing, directly or by impli­ (2) Placing, or causing to be placed,and statutory requirements: 13.1623-95 cation, that respondent’s terms of credit in the hands of others any pamphlets, Truth in Lending Act; Misrepresenting are lenient, including, but not limited to diagrams, cross-sections, mockups, or oneself and goods— Prices; § 13.1823 the representation that respondent other means and instrumentalities by Terms and conditions: 13.1823—20 Truth offers “easy credit.” and through which they may perform in Lending Act. Subpart— Neglecting, un­ 2. Representing, directly or by impli­ any of the acts prohibited in (1) above. fairly or deceptively, to make material cation, that respondent will allow a buyer It is further ordered, That respondent disclosure: § 13.1852 Formal regulatory to select his own credit terms, including, notify the Commission at least 30 days and statutory requirements: 13.1852-75 but not limited to the representation prior to any proposed change in the cor­ Truth in Lending Act; § 13.1905 Terms “Name Your Own Terms.” porate respondent such as dissolution, and conditions: 13.1905-60 Truth in It is further ordered, That respondent assignment, or sale resulting in the Lending Act. deliver a copy of this order to cease and emergence of a successor corporation, (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret desist to all present and future personnel the creation or dissolution of subsidiaries or apply sec. 5, 38 Stat. 719, as am ended, 82 of respondent engaged in the consumma­ or any other change in the corporation Stat. 146, 147; 15 U.S.C. 45, 1601-1605) tion of any extension of consumer credit which may affect compliance obligations [Cease and desist order, S. L. Savidge, Inc., or in any aspect of preparation, for sale Seattle, Wash., Docket No. C-2018, Aug. 24, arising out of this order. or sale of any product, and that respond­ 1971] It is further ordered, That respondent ent secure a signed statement acknowl­ distribute a copy of this order to each In the Matter of S. L. Savidge, Inc., a edging receipt of said order from each of its operating divisions. Corporation such person. It is further ordered, That respondent Consent order requiring a Seattle, It is further ordered, That respondent deliver a copy of this order to cease and Wash., corporation engaged in selling notify the Commission at least thirty desist to all present and future person­ new and used automobiles to cease violat­ (30) days prior to any proposed change nel of respondent engaged in the offering ing the Truth in Lending Act by failing in the corporate respondent such as dis­ for sale or sale of any product or engaged to include in the finance chârge the pre­ solution, assignment or sale resulting in in any aspect of the preparation, crea­ miums for credit life insurance, failing the emergence of a successor corpora­ tion, or placing of advertising, and that to disclose the accurate annual percen­ tion, the creation or dissolution of sub­ respondent secure a signed statement tage rate, and making other representa­ sidiaries or any other change in the cor­ acknowledging receipt of said order from tions in violation of Regulation Z of said poration which may effect compliance each such person. Act. Respondent is also forbidden to rep­ obligations arising out 'of the order. It is further ordered, That respondent resent that its credit terms are “easy” or It is further ordered, That the re­ distribute a copy of this order to each that buyer will be allowed to select his spondent shall, within sixty (60) days advertising agent or agency and media own credit terms. after service upon it of this order file representative with which it does busi­ The order to cease and desist, includ­ with the Commission a report in writing, ness, directly or indirectly, and shall do ing further order requiring report of setting forth in detail the manner and likewise with any such person or organi­ compliance therewith, is as follows: form in which it has complied with the zation with which it does business in the It is ordered, That respondent S. L. order to cease and desist contained future immediately upon beginning such Savidge, Inc., a corporation and its of­ herein. undertaking. ficers, and respondent’s agents, repre­ Issued: August 24, 1971. It is further ordered, That respondent sentatives, and employees, directly or distribute a copy of this order to each of through any corporate or other device, By the Commission. its dealers, retailers, and other similar in connection with any consumer credit [ s e a l ] C h a r l e s A. T o b in , parties, which handles Kneissl skis. In­ sale, as “consumer credit” and “credit Secretary. cluded with said copy will be a cover sale” are defined in Regulation Z (12 [FR Doc.71-15556 Filed 10-26-71;8:48 am] letter instructing said parties to abide CFR Part 226) of the Truth in Lending by the provisions of the order and to dis­ Act (Public Law 90-321, 15 U.S.C. 1601 continue the use of all advertising, sales, et seq.), do forthwith cease and desist [Docket No. 0-2041] and promotional material furnished from: PART 13— PROHIBITED TRADE them by respondent prior to July 1,1970. 1. Failing to include in the “finance PRACTICES It is further ordered, That the respond­ charge” the amount of premiums for ent herein shall within sixty (60) days credit life insurance required by respond­ Ralph Williams Ford et al. after service upon it of this order, file ent to be purchased in connection with with the Commission a report, in writing, the credit sale, as required by § 226.4(a) Subpart—Advertising falsely or ““f" setting forth in detail the manner and (5) of Regulation Z. Leadingly: § 13.71 Financing: 13-71-1UI form in which it has complied with this 2. Failing to disclose the annual per­ Truth in Lending Act; § 13.13 Formal regulatory and statutory requirements. order. centage rate accurately to the nearest

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 RULES AND REGULATIONS 20595

13.73-92 Truth in Lending Act; § 13.155 is no charge for credit, unless it states (a) The cash price or the amount of prices: 13.155-95 Terms and condi­ all of the following items in terminology the loan, as applicable; tions; 13.155-95(a) Truth in Lending prescribed under § 226.8 of Regulation (b) The amount of the downpayment Act. Subpart— Neglecting, unfairly or Z, as required by § 226.10(d) (2) of Regu­ required, or that no downpayment is re­ deceptively, to make material disclosure: lation- Z: quired, as applicable; § 13.1852 Formal regulatory and statu­ (a) The cash price; (c) The number and amount of pay­ tory requirements: 13.1852-75 Truth in (b) The amount of the downpayment ments scheduled to repay the indebted­ Lending Act; § 13.1905 Terms and con­ required or that no downpayment is re­ ness if the credit is extended; ditions: 13.1905-60 Truth in Lending quired, as applicable; (d) The amount of the finance charge Act. Subpart— Using deceptive tech­ (c) The number and amount of pay­ expressed as an annual percentage rate; niques in advertising: § 13.2275 Using ments scheduled to repay the indebted­ and deceptive techniques in advertising. ness if the credit is extended; (e) The deferred payment price or the (d) The amount of the finance charge sum of the payments, as applicable. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or 3. Creating, producing, or causing to apply sec. 5, 38 Stat. 719, as am ended, 82 expressed as an annual percentage rate; Stat. 146,. 147; 15 U.S.C. 45, 1601-1605) [Cease and be disseminated to the public in any and desist order, R alph W illiam s Ford et al., (e) The deferred payment price. manner whatsoever any advertisement Encino, Calif., Docket No. C—2041, Sept. 13, 2. Failing to make all disclosures re­ to aid, promote, or assist directly or in­ 1971] quired by Regulation Z clearly, conspicu­ directly any extension of consumer In the Matter of Ralph Williams Ford, ously, and in meaningful sequence, as credit which fails to make all the dis­ Ralph’s Chrysler-Plymouth, Ralph required by § 226.6(a) of Regulation Z. closures as required by § 226.10 of Regu­ Williams’ North West Chrysler 3. Causing to be disseminated to the lation Z. Plymouth, Inc., Ralph Williams Gulf public in any manner whatsoever any 4. Failing to deliver a copy of this or­ Gate Crysler Plymouth, Ralph Wil­ advertisement to aid, promote, or assist der to cease and desist to all present and liams, Inc., Corporations, and Ralph directly or indirectly any extension of future personnel of respondent engaged L. Williams, Individually and as an consumer credit which fails to make all in reviewing the legal sufficiency of ad­ Officer of Said Corporations, and the disclosures as required by § 226.10 of vertising prepared, created or placed on Hunter-Willhite Advertising, Inc., a Regulation Z. behalf of any advertiser, and failing to Corporation 4. Failing to deliver a copy of this secure from each such person a signed order to cease and desist to all present statement acknowledging receipt of said Consent order requiring an Encino, and future personnel of - respondents en­ order. Calif., new and used automobile dealer gaged in any aspect of preparation, crea­ It is further ordered, That each re­ with dealerships in California, Washing­ tion, and placing of advertising, all per­ spondent shall within sixty (60) days ton, and Texas, and its advertising sons engaged in reviewing the legal suf­ after service upon it of this order, file agency to cease violating the Truth in ficiency of advertising, and all present with the Commission a report in writing, Lending Act by failing to disclose in their and future agencies engaged in prepara­ setting forth in detail the manner and advertising and installment contracts the tion, creation, and placing of advertising form in which it has complied with the cash price, the amount of the downpay­ on behalf of respondents, and failing to order to cease and desist contained ment, the number and amount of sched­ secure from each such person or agency herein. uled repayments, the amount and annual a signed statement acknowledging re­ It is further ordered, That respondents percentage rate of the finance charge, ceipt of said order. notify the Commission at least thirty the deferred payment price, and all other It is further ordered, That respondent (30) days prior to any proposed change disclosures required by Regulation Z of Hunter-Willhite Advertising, Inc., a cor­ in the corporate respondents such as said Act. poration, and its officers, agents, repre­ dissolution, assignment or sale resulting The order to cease and desist, includ­ sentatives and employees, directly or in the emergence of a successor corpora­ ing further order requiring report of through any corporate or other device, tion, the creation or dissolution of sub­ compliance therewith, is as follows: in connection with any advertisement to sidiaries or any other change in the cor­ It is ordered, That respondents Ralph aid, promote, or assist, directly or in­ poration which may affect compliance Williams Ford, Ralph’s Chrysler-Plym- directly any extension of consumer credit obligations arising out of the order. outh, Ralph Williams’ North West as “consumer credit” and “advertise­ Issued: September 13,1971. Chrysler Plymouth, Inc., Ralph Williams ment” are defined in Regulation Z (12 Gulf Gate Chrysler Plymouth, Ralph CFR Part 226) of the Truth in Lending By the Commission. Williams, Inc., corporations, and their Act (Public Law 90-321, 15 U.S.C. 1601 [ s e a l ] C h a r l e s A. T o b i n , officers, and Ralph L. Williams, indi­ et seq.) do forthwith cease and desist Secretary. vidually and as an officer of said cor­ from: [FR Doc.71-15549 Filed 10-26-71;8:47 am] porations, and respondents’ agents, rep­ 1. Creating, producing, or causing to resentatives and employees, directly or be disseminated to the public in any through any corporate or other device, manner whatsoever any consumer credit [D ocket No. C-2048] in connection with the arrangement, ex­ advertisement which fails to make all the tension, or advertisement of consumer disclosures required by § 226.10 of Regu­ PART 13— PROHIBITED TRADE credit in connection with the sale of lation Z clearly, conspicuously, and in PRACTICES motor vehicles or other products or serv­ meaningful sequence as required by Supreme Loan Co. and ices, as “consumer credit” and “adver­ § 226.6(a) of Regulation Z. tisement” are defined in Regulation Z American Loan Office 2. Creating, producing, or causing to (12 CFR Part 226) of the Truth in Lend­ be disseminated to the public in any Subpart— Advertising falsely or mis­ ing Act (Public Law 90-321, 15 U.S.C. 1601 et seq.), do forthwith cease and manner whatsoever any advertisement to leadingly: § 13.71 Financing: 13.71-10 desist from: aid, promote or assist directly or in­ Truth in Lending Act; § 13.73 Formal directly any extension of consumer regulatory and statutory requirements: 1. Causing to be disseminated to thecredit, which advertisement states the 13.73-92 Truth in Lending Act; § 13.155 public in any manner whatsoever any amount of the downpayment required or Prices: 13.155-95 Terms and conditions; advertisement to aid, promote or assist that no downpayment is required, the 13.155-95 (a) Truth in Lending Act. Sub­ directly or indirectly any extension of amount of any installment payment, the part — Misrepresenting oneself and consumer credit, which advertisement dollar amount of any finance charge, the goods— Goods: § 13.1623 Formal regula­ states the amount of the downpayment number of installments or the period of tory and statutory requirements: required, or that no downpayment is repayment, or that there is no charge 13.1623-95 Truth in Lending Act; Mis­ required, the amount of any installment for credit, unless it states all of the representing oneself and goods— Prices: Payment, the dollar amount of any fi­ following items in terminology prescribed § 13.1823 Terms and conditions: nance charge, the number of installments under § 226.8 of Regulation Z, as required 13.1823-20 Truth in Lending Act. Sub­ or the period of repayment, or that there by § 226.10(d) (2) of Regulation Z: part— Neglecting, unfairly or deceptively,

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20596 RULES AND REGULATIONS to make material disclosure: § 13.1852 sidiari es, or any other change in the cor­ opinion,1 that the initial decision and Formal regulatory and statutory require­ poration which may affect compliance order issuéd by the examiner should be ments: 13.1852-75 Truth in Lending obligations arising out of the order. adopted as the decision and order of the Act: § 13.1905 Terms and conditions: It is further ordered, That the re­ Commission; 13.1905-60 Truth in Lending Act. spondent herein shall, within sixty (60) It is ordered, That the initial decision (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret days after service upon it of this order, and the order contained therein be, and or apply sec. 5, 38 Stat. 719, as am ended, file with the Commission a report in they hereby are, adopted as the decision 82 Stat. 146, 147; 15 U.S.C. 45, 1601-1605) writing setting forth in detail the man­ and order of the Commission. [Cease and desist order, Supreme Loan Co. ner and form in which it has complied It is further ordered, That respondent et al., 'Atlanta, Ga., Docket No. C-2048, with this order. Lichtenstein, within sixty (60) days after Sept. 22,1971] service upon him of this order, file with Issued: September 22, 1971. In the Matter of Supreme Loan Co.,- a the Commission a report, in writing, set­ Corporation doing business as Amer­ By the Commission. ting forth in detail the manner and form ican Loan Office in which he has complied with the order [ s e a l ] C h a r l e s A . T o b i n , to cease and desist. Consent order requiring an Atlanta, Secretary. Ga., pawnbroker to cease violating the [PR Doc.71-15557 Piled 10-26-71;8:48 am] Issued: September 23, 1971. Truth in Lending Act by failing to dis­ By the Commission. close and print on its documents the terms “annual percentage rate” and “fi­ [Docket No. 8752 o] [ s e a l ] C h a r l e s A . T o b in , nance charge,” and failing to make other Secretary. pa rt 13— PROHIBITED TRADE disclosures required by Regulation Z of [FR Doc.71-15558 Filed 10-26-71;8:48 am] said Act. PRACTICES H ie order to cease and desist, including Universe Chemicals, Inc., et al. further order requiring report of com­ [Docket No. C-2050] pliance therewith, is as follows: Subpart—Advertising falsely or mis­ PART 13— PROHIBITED TRADE leadingly: § 13.170 Qualities or proper­ It is ordered, That respondent, Su­ PRACTICES preme Loan Co., a corporation doing ties or products or service: 13.1710-96 business as American Loan Office or Waterproof, waterproofing, water-repel­ Edward Weiner et al. under any other name, and respondents’ lent. Subpart— Furnishing means and agents, representatives and employees, instrumentalities of misrepresentation or Subpart— Advertising falsely or mis­ directly or through any corporate or deception: § 13.1055 Furnishing means leadingly: § 13.71 Financing: 13.71-10 other device, in connection with any ex­ and instrumentalities of misrepresenta­ Truth in Lending Act; § 13.73 Formal tension of consumer credit or any ad­ tion or deception. Subpart—Misrepre­ regulatory and statutory requirements: vertisement to aid, promote or assist senting oneself and goods— Business 13.73-92 Truth in Lending Act; § 13.155 directly or indirectly any extension of status, advantages or connections: Prices: 13.155-95 Terms and condi­ consumer credit, as “consumer credit” § 13.1395 Connections and arrange­ tions; 13.155-95 (a) Truth in Lending and “advertisement” are defined in Reg­ ments with others; Misrepresenting one­ Act. Subpart—Misrepresenting oneself ulation Z (12 CFR Part 226) of the Truth self and goods—Goods: § 13.1615 Earn­ and goods— Goods: § 13.1623 Formal in Lending Act (Public Law 90-321, 15 ings and profits: § 13.1647 Guarantees; regulatory and statutory requirements: UJS.C. 1601 et seq.), do forthwith cease § 13.1710 Qualities or properties; 13.1623-95 Truth in Lending Act; Mis­ and desist from: § 13.1725 Refunds; § 13.1730 Results; representing oneself and goods—Prices: 1. Failing to print the terms “annual § 13.1762 Tests, purported. Subpart— § 13.1823 Terms and conditions: 13.- percentage rate” and “finance charge”, Securing agents or representatives by 1823-20 Truth in Lending Act. Sub­ where required by Regulation Z to be misrepresentation : § 13.2140 Qualities part— Neglecting, unfairly or deceptively,, used, more conspicuously than other re­ or properties of product. to make material disclosure: § 13.1852 Formal regulatory and statutory require­ quired terminology, as set forth in (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets ments: 13.1852-75 Truth in Lending § 226.6(a) of Regulation Z. or applies sec. 5, 38 Stat. 719, as amended; 2. Failing to disclose the rate of fi­ 15 U.S.C. 45) [Cease and desist order, Uni­ Act; § 13.1905 Terms and conditions: nance charge as an annual percentage verse Chemicals, Inc., et al., Chicago, 111., 13.1905-60 Truth in Lending Act. rate, computed in accordance with Docket No. 8752, Sept. 23, 1971] (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret § 226.5 of Regulation Z, as required by In the Matter of Universe Chemicals, or apply sec. 5, 38 Stat. 719, as amended, 82 § 226.8(b) (2) of Regulation Z. Inc., a Corporation, and Raymond L. Stat. 146, 147; 15 U.S.C. 45, 1601-1605) [Cease and desist order, Edward Weiner et 3. Failing, in any consumer credit Rosen and Jordan L. Lichtenstein, al., Atlanta, Ga., Docket No. C-2050, Sept. 22, transaction or advertisement, to make Individually and as Officers of Said 1971] all disclosures determined in accordance Corporation with §§ 226.4 and 226.-5 of Regulation Z In the Matter of Edward Weiner, and in the manner, form and amount re­ Order adopting the order of the initial Charles Weiner, Individually and as decision, 35 F.R. 9853, of the hearing ex­ quired by §§ 226.6, 226.8, 226.9, and 226.10 Partners Doing Business as West aminer which found respondent Jordan of Regulation Z. Side Loan Office. L. Lichtenstein, an officer of Universe It is further ordered, That respondent Consent order requiring two Atlanta, deliver a copy of this order to cease and Chemicals, Inc., a Chicago paint com­ pany, to be subject to the order to cease Ga., individuals doing business as pawn­ desist to all present and future personnel using misrepresentations to sell its prod­ brokers to cease violating the Truth in of respondents engaged in the consum­ Lending Act by failing to disclose and mation of any extension of consumer ucts and recruit dealers. credit or in any aspect of preparation, The final order requiring report of print where required the annual per­ creation, or placing of advertising, and compliance therewith, is as follows: centage rate and finance charge, and that respondent secure a signed state­ This matter having been heard by the make disclosures required by Regulation ment acknowledging receipt of said order Commission upon respondent Jordan L. Z of said Act. from each such person. Lichtenstein’s appeal from the initial The order to cease and desist, includ­ decision, and upon briefs and oral argu­ It is further ordered, That respondent ing further order requiring report of com­ ment in support thereof and in opposi­ notify the Commission at least thirty pliance therewith, is as follows: (30) days prior to any proposed change tion thereto; and in the corporate respondent, such as dis­ The Commission having concluded on solution, assignment, or sale, resultant in this record and the facts and circum­ 1 Copies of the opinion may be obtained at the emergence of a successor corpora­ stances set forth therein, and for the Federal Trade -Commission Building, Room tion, the creation or dissolution of sub- reasons expressed in the accompanying 130, Sixth and Pennsylvania Avenue NW.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 RULES AND REGULATIONS 20597

It is ordered, That respondents, Ed­ Act (secs. 502, 507, 52 Sbat. 1050-51 as ward Weiner and Charles Weiner, in­ Title 21— FOOD AND DRUGS amended, 59 Stat. 463 as amended; 21 dividually and as partners doing business U.S.C. 352, 357) and under authority as West Side Loan Office or under any Chapter I— Food and Drug Adminis­ delegated to the Commissioner (21 CFR other name, and respondents’ agents, tration, Department of Health, Ed­ 2.120), Parts 141c, 146c, 146e, and 148n representatives, and employees, directly ucation, and Welfare are amended as follows : or through any'corporate or other device, SUBCHAPTER C— DRUGS PART 141c— CHLORTETRACYCLINE in connection with any extension of con­ sumer credit or any advertisement to aid, [D E S I 8311] (OR TETRACYCLINE) AND CHLOR­ promote, or assist directly or indirectly CERTAIN HYDROCHLORIDE AND BAC­ TETRACYCLINE- (OR TETRACY­ any extension of consumer credit, as ITRACIN PREPARATIONS FOR IN­ CLINE-) CONTAINING DRUGS; “consumer credit” and “advertisement” TESTS AND METHODS OF ASSAY are defined in Regulation Z (12 CFR Part HALATION, TOPICAL, OR OTIC USE 226) of the Truth in Lending Act (Public Revocations 1. Part 141c is amended: Law 90-321, 15 U.S.C. 1601 et seq.) do a. In § 141c.208 by revising the head­ forthwith cease and desist from: In a notice (DESI 8311) published in ing and paragraph (a) to read as follows: the F ederal R eg ister of September 23, 1. Failing to print the terms “annual § 141c.208 Tetracycline hydrochloride percentage rate” and “finance charge”, 1970 (35 F.R. 14801), the Commissioner otic. where required by Regulation Z to be of Food and Drugs announced his con­ used, more conspicuously than other re­ clusions following evaluation of reports (a) Potency. Proceed as directed in quired terminology, as set forth in received from the National Academy of § 141c.218(a). § 226.6(a) of Regulation Z. Sciences-National Research Council, * * * * * 2. Failing to disclose the rate of finance Drug Efficacy Study Group, on the fol­ §§ 141c.211, 141c.213, 141c.214, and charge as an annual percentage rate, lowing antibiotic containing drugs for 141c.227 [Revoked] computed in accordance with § 226.5 of inhalation, topical, or otic use: b. By revoking the following sections: Regulation Z as required by § 226.8(b) (2) 1. Terramycin Aerosol containing § 141C.211 Chlortetracycline surgical of Regulation Z. Oxytetracycline hydrochloride; Chas. 3. Failing, in any consumer credit Pfizer and Co., Inc., 235 East 42d Street, powder ( Chlortetracycline hydrochloride surgical powder) ; tetracycline hydro­ transaction or advertisement, to make all New York, N.Y. 10017 (NDA 8-311). disclosures determined in accordance 2. Aureomycin Strip Dressing contain­ chloride surgical powder; § 141c.213 with §§ 226.4 and 226.5 of Regulation Z ing Chlortetracycline hydrochloride; Chlortetracycline gauze packing; § 141c.- in the manner, form, and amount re­ Davis and Geek, Division of American 214 Chlortetracycline dressing; and quired by §§ 226.6, 226.8, 226.9, and Cyanamid Co., 1 Casper Street, Dan­ § 141c.227 Chlortetracycline spray 226.10 of Regulation Z. bury, Conn. 06810 (ND A 50-228). dressing ( Chlortetracycline hydrochloride It is further ordered, That respondents 3. Aureomycin Dressing containing spray dressing). deliver a copy of this order to cease and Chlortetracycline hydrochloride; Davis desist to all present and future person­ and Geek (ND A 50-228). PART 146c— CERTIFICATION OF nel of respondents engaged in the con­ 4. Aureomycin Sterilized Packing con­ taining Chlortetracycline hydrochloride; CHLORTETRACYCLINE (OR TETRA­ summation of any extension of con­ Davis and Geek (NDA 50-229). CYCLINE) AND CHLORTETRACY­ sumer credit or in any aspect of prepara­ 5. Aureomycin Surgical Powder con­ CLINE- (OR TETRACYCLINE-) CON­ tion, creation, or placing or advertising, taining Chlortetracycline hydrochloride; TAINING DRUGS and that respondents secure a signed Lederle Laboratories, Division, American 2. Part 146c is amended: statement acknowledging receipt of Cyanamid Co., Post Office Box 500, Pearl River, N.Y. 10965 (NDA 50-252). a. In § 146c.208 by revising the section said order from each such person. 6. Aureomycin Ear Solution con­ heading and paragraph (a) and T>y It is further ordered, That respond­ taining Chlortetracycline hydrochloride; amending paragraphs (c) and (d), as ents notify the Commission at least Lederle Laboratories (NDA 50-246). follows: thirty (30) days prior to any proposed 7. Achromycin Surgical Powder con­ § 146c.208 Tetracycline hydrochloride change in the partnership, including taining tetracycline h y d ro c h lo rid e ; otic (tetracycline hydrochloride for dissolution, addition, or deletion of part­ Lederle Laboratories (ND A 50-270). ear solution). 8. Bacitracin Solvets containing baci­ ners from the partnership agreement, tracin; Eli Lilly and Co., Post Office Box (a) Standards of identity, strength, acquisition, or creation of any other 618, Indianapolis, Ind. 46206 (NDA 60- quality, and purity. Tetracycline otic is a business entity, corporate or otherwise, 430). packaged combination of one immediate container of crystalline tetracycline or other change in the partnership The notice stated that these drugs were hydrochloride and one immediate con­ regarded as possibly effective for their which may affect compliance obligations tainer of a suitable and harmless solu­ labeled indications. The indications have arising out of this order. tion. The tetracycline hydrochloride is been reclassified as lacking substantial It is further ordered, That the re­ of such quantity that, when dissolved evidence of effectiveness in that such evi­ as directed, the potency of such solution spondents herein shall, within sixty (60) dence has not been submitted pursuant to is not less than 5 milligrams per milli­ days after service upon them of this the notice of September 23,1970. Accord­ liter after it has been kept for 7 days ingly, the Commissioner concludes that order, file with the Commission a report at a temperature of 15° C. (59° F .). The the antibiotic drug regulations should in writing setting forth in detail the tetracycline hydrochloride used conforms manner and form in which it has com­ be amended to delete provisions for cer­ to the requirements of § 146c.218(a ), ex­ tification of such drugs. plied with the order. cept § 146c.218(a) (2), (3), (4), and (5). Chlortetracycline spray dressing, pro­ Each substance used in the preparation Issued: September 22,1971. vided for by §§ 141c.227 and 146c.227, of the solution contained in the pack­ while not specifically reviewed by the By the Commission. Academy and not included in the an­ aged combination, if its name is recog­ nouncement of September 23,1970, is re­ nized in the U.S.P. or N.F., conforms to [ seal] C h a r le s A . T o b in , the standards prescribed therefor by such Secretary. garded as affected by that announcement. Therefore, pursuant to provisions of official compendium. (PR Doc.71-15559 Filed 10-26-71;8:48 am ] the Federal Food, Drug, and Cosmetic ♦ * ♦ * *

FEDERAL REGISTER, VOL, 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20598 RULES AND REGULATIONS

(c) * * * PART 146e— CERTIFICATION OF BAC­ above office during regular business ( 1 ) * * * ITRACIN AND BACITRACIN- hours, Monday through Friday. (1) On the outside wrapper or con­ CONTAINING DRUGS Effective date. This order shall become tainer and on the immediate contain«: effective 40 days after its date of publica­ of the tetracycline hydrochloride, the § 146e.403 [Amended] tion in the F ederal R e g ist e r . If objec­ statement “Expiration d ate______,” 3. Part 146e is amended in § 146e.403tions are filed, the effective date will be the blank being filled in with the date Bacitracin tablets; zinc bacitracin tab­ extended for ruling thereon. In so ruling, that is 36 months after the month dur­ lets; bacitracin methylene disalicylate the Commissioner will specify another ing which the batch was certified. tablets; bacitracin suppositories; zinc effective date. (ii) On the outside wrapper or con­bacitracin suppositories (if they are rep­ (Secs. 502, 507, 52 Stat. 1050-51 as amended, tainer and on the immediate container resented for vaginal use); bacitracin im­ 59 Stat. 463 as amended; 21 TI.S.C. 352, 357)’ of the solution in the packaged combina­ plantation pellets; zinc bacitracin im­ Dated: October 6,1971. tion, a statement giving the method of plantation pellets (if they are repre­ dissolving the tetracycline hydrochlo­ sented for use by implanting under the S a m D . F in e , ride in the solution and the conditions skin of animals) by revising the fourth Associate Commissioner under which the solution should be sentence in paragraph (a) to read as for Compliance. stored, including reference to its instabil­ follows: “Tablets not exceeding 15 mil­ [FR Doc.71-15580; Filed 10-26-71;8:49 am] ity when stored under other conditions, limeters in diameter shall disintegrate and the statement, “The solution may be within 1 hour.” kept in a refrigerator for 1 week with­ out significant loss of potency.” Title 26-INTERNAL REVENUE * * * * * PART 148n— OXYTETRACYCLINE Chapter I— Internal Revenue Service, (d) Request for certification; samples. § 148n.l5 [Revoked] (1) In addition to complying with the Department of the Treasury 4. Part 148n is amended by revoking requirements of § 146.2 of this chapter, § 148n.l5 Oxytetracycline hydrochloride SUBCHAPTER C— EMPLOYMENT TAXES a person who requests certification of a for inhalation. [T .D . 7115] batch shall submit with his request a Any person who will be adversely af­ statement showing the batch mark, the PART 31— EMPLOYMENT TAXES; AP­ number of packages of each size in such fected by the removal of any such drug from the market may file objections to PLICABLE ON AND AFTER JANU­ batch, the number of milligrams in each this order, request a hearing, and show ARY 1, 1955 immediate container thereof, the date reasonable grounds for the hearing. The on which the latest assay of the batch Rates of Income Tax Withholding; statement of reasonable grounds and was completed, the batch mark, and (un­ request for a hearing shall be submitted Marital Status for Purposes of With­ less it was previously submitted) the date in writing within 30 days after publica­ holding on which the latest assay of the tetracy­ tion hereof in the F ederal R eg ist e r , Correction cline hydrochloride used in making such shall state the reasons why the anti­ batch was completed, the quantity of In F.R. Doc. 71-6917 appearing at page biotic drug regulations should not be so each ingredient used in making the solu­ 9201 in the issue of Friday, May 21,1971, revoked and shall include a well or­ tion included in the packaged combina­ the following changes should be made in ganized and full factual analysis of the tion, and a statement that such solu­ the pay period withholding tables under clinical and other investigational data tion conforms to the requirements pre­ § 31.3402(c) -2 (a ) : the objector is prepared to prove in sup­ scribed therefor by this section. 1. In the weekly and not married pay port of his objections. ( 2) * * * period table on pages 9216 and 9217 the A request for a hearing may not following entries should be changed: (ii) The solution after the tetracy­ rest upon mere allegations or denials, a. The entry for wages that are “at cline hydrochloride has been dissolved but must set forth specific facts showing least $45 but less than $45” should read therein: potency. that a genuine and substantial issue of “at least $45 but less than $46”. (iii) The tetracycline hydrochloride fact requires a hearing. When it clearly b. The continuation heading on page used in making the batch: potency, mois­ appears from the data incorporated into 9217 should refer to employees who are ture, pH, crystallinity, and absorptivity. or referred to by the objections and from not married. (3) * * * the factual analysis in the request for a c. The entry for wages that are “at (ii) The tetracycline hydrochloride hearing that no genuine issue of fact pre­ least $180 but less than $180” should used in making the batch: 10 packages, cludes the action taken by this order, read “at least $180 but less than $190”. each containing approximately equal the Commissioner will enter an order d. The entry for three exemptions un­ portions of not less than 60 milligrams, stating his findings and conclusions on der wages that are at least $230 but less packaged in accordance with the re­ such data. than $240 should be “$39.90”. quirements of § 146c.201(b). If a hearing is requested and justified 2. In the weekly and married pay * * * * * by the objections, the issues will be period table on pages 9217 and 9218 the defined and a hearing examiner named following entries should be changed on §§ 146c.211, 146c.213, 146c.214 and to conduct the hearing. The provisions of page 9218: 146c.227 [Revoked] Subpart F of 21 CFR Part 2 shall apply a. The entry for four exemptions un­ b. By revoking the following sections:to such hearing, except as modified by der wages that are at least $300 but less § 146c.211 Chlortetracycline surgical 21 CFR 146.1(f), and to judicial review than $310 reading “$42.00” should read powder (Chlortetracycline hydrochloride in accord with section 701 (f ) and (g) of “$42.70”. surgical powder); tetracycline hydro­ the Federal Food, Drug, and Cosmetic b. The entry for zero exemptions un­ chloride surgical powder; § 146c.213 Act (35 F.R. 7250, May 8, 1970). der wages that are at least $470 but less Chlortetracycline gauze packing (Chlor­ Objections and requests for. a hearing than $480 reading “$98.80” should read tetracycline hydrochloride gauze pack­ should be filed (preferably in quintupli- “$96.80”. in g )’, § 146C.214 Chlortetracycline cate) with the Hearing Clerk, Depart­ 3. In the biweekly and married pay dressing ( Chlortetracycline hydrochloride ment of Health, Education, and Welfare, period table beginning on page 9219 the dressing); and § 146C.227 Chlortetracy­ Room 6-88, 5600 Fishers Lane, Rockville, entry for zero exemptions under wages cline spray dressing ( Chlortetracycline Md. 20852. Received objections and re­ that are at least $240 but less than $250 spray dressing). quests for a hearing may be seen in the reading “$38.70” should read “$36.70”.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 RULES AND REGULATIONS 20599

4. In the semimonthly and married pay nal Revenue Code of 1954 (relating to re­ the income from which is subject to tax period table beginning on page 9221 the strictions on examinations of churches) under section 511 as unrelated business entry for five exemptions under wages to reflect the changes made by section taxable income. The purposes of these re­ that are at least $500 but less than $520 121(f) of the Tax Reform Act of 1969 (83 strictions are to protect such organiza­ reading “$56.90” should read “$56.60”. Stat. 548) was published in the F e d e r a l tions from undue interference in their 5. In the monthly and not married pay R e g is t e r (35 F.R. 19115). After consid­ internal financial affairs through un­ period table beginning on page 9222 the eration of all such relevant matter as necessary examinations to determine the entry for five exemptions under wages was presented by interested persons re­ existence of unrelated business taxable that are at least $720 but less than $760 garding the rides proposed, the amend­ income, and to limit the scope of exami­ reading “$75.80” should read “$73.80”. ment of the regulations as proposed is nation for this purpose to matters di­ 6. In the monthly and married pay hereby adopted, as set forth below sub­ rectly relevant to a determination of the period table beginning on page 9223 the ject to certain changes in paragraph 2 existence or amount of such income. This entry for one exemption under wages of the notice of proposed rule making. section also imposes additional restric­ that are at least $156 but less than $160 (Sec. 7805, Internal Revenue Code of 1954, tions upon other examinations of such reading “$11.50” should read “$11.60”. 68A Stat. 917; 26 U.S.C. 7805) organizations. 7. In the monthly payroll period table (2) Books of account. No examination on pages 9228 and 9229 the two entries [ s e a l ] J o h n n i e M. W a l t e r s , of the books of account of an organiza­ on page 9229 for one exemption under Commissioner of Internal Revenue. tion which claims to be a church or a wages that are at least $760 but less than Approved: October 20,1971. convention or association of churches $800 and at least $800 but less than $840 shall be made except after the giving of E d w i n S. C o h e n , should be transposed so that the figures notice as provided in this subparagraph Assistant Secretary in the column read in ascending order. and except to the extent necessary (i) of the Treasury. 8. In the semimonthly pay period table to determine the initial or continuing appearing on pages 9231 and 9232 the P a r a g r a p h 1. Section 301.7605 is qualification of the organization under continuation heading on page 9232 amended by adding at the end thereof a section 501(c) (3) ; (ii) to determine should be changed to indicate the table new subsection (c) and by revising the whether the organization qualifies as one, is semimonthly rather than monthly. historical note. These amended and contributions to which are deductible 9. In the miscellaneous pay period added provisions read as follows: under section 170, 545, 556r 642, 2055, table on page 9233 the following changes 2106, or 2522; (iii) to obtain information § 301.7605 Statutory provisions; time should be made: for the purpose of ascertaining or verify­ and place of examination. a. The entry for five exemptions un­ ing payments made by the organization der wages that are at least $9.25 but less Se c . 7605. Time and place of examina­ to another person in determining the tax than $9.50 should read “$.05”. tion. * * * liability of the recipient, such as pay­ (c ) Restriction on examination of b. Under wages that are at least $11.50 ments of salaries, wages, or other forms churches. No examination of the books of of compensation; or (iv) to determine the but less than $12.00 the entry for zero account of a church or convention or asso­ exemptions reading “$3.10” should read ciation of chinches stall be made to deter­ amount of tax, if any, imposed by the "$2.10” and the entry for six exemptions mine whether such organization may be en­ Code upon such organization. No ex­ should read “$.15”. gaged in the carrying on of an unrelated amination of the books of account of a c. The entry for one exemption under trade or business or may be otherwise en­ church or convention or association of wages that are at least $14.50 but less gaged in activities which , may be subject churches shall be made unless the Re­ than $15.00 reading “$.235” should read to tax under part III of subchapter F of gional Commissioner believes that such “$2.35”. chapter 1 of this title (sec. 511 and foUow- examination is necessary and so notifies ing, relating to taxation of business income the organization in writing at least 30 d. The entry for two exemptions un­ of exempt organizations) unless the Secre­ der wages that are at least $17.50 hut less tary or his delegate (such officer being no days in advance of examination. The Re­ than $18.00 reading “$2.45” should read lower than a principal internal revenue of­ gional Commissioner will conclude that "$2.55”. ficer for an internal revenue region) be­ such examination is necessary only after e. The entry for two exemptions un­ lieves that such organization may be so en­ reasonable attempts have been made to der wages that are at least $21.00 but less gaged and so notifies the organization in ad­ obtain information from the books of ac­ than $22.00 reading “$3.29” should read vance of the examination. No examination of count by written request and the Re­ "$3.20”. the religious activities of such an organiza­ gional Commissioner has determined tion shall be made except to the extent nec­ f. The entry for ten or more exemp­ essary to determine whether such organiza­ that the information cannot be fully or tions under wages that are at least $24.00 tion is a church or a convention or associa­ satisfactorily obtained in that manner. but less than $25.00 reading “$.10” should tion of churches, and no examination of the In any examination of a church or con­ read “$1.10”. books of account of such an organization vention or association of churches for the g. The entry for two exemptions under shall be made other than to the extent nec­ purpose of determining unrelated busi­ wages that are at least $26.00 but less essary to determine the amount of tax im­ ness income tax liability pursuant to than $27.00 reading “$1.40” should read posed by this ti^le. such notice, no examination of the books “$4.40”. [Sec. 7605 as am ended b y sec. 4 ( i ), Act of of account of the organization shall be Apr. 2, 1956 (Public Law 466, 84th Cong., 70 made except to the extent necessary to SUBCHAPTER F— PROCEDURE AND Stat. 91); sec. 208(d)(4), Highway Revenue determine such liability. Act 1956 (70 Stat. 396); sec. 121(f), Tax Re­ ADMINISTRATION (3) Religious activities. No examina­ form Act 1969 (83 Stat. 548) ] [TJD. 7146] tion of the religious activities of an or­ P a r . 2. Section 301.7605-1 is amended ganization which claims to be a church PART 301— PROCEDURE AND by adding at the end thereof a new para­ or convention or association of churches ADMINISTRATION graph (c ). This added provision reads as shall be made except (i) to the extent Restriction on Examination of follows: necessary to determine the initial or con­ tinuing qualification of the organization Churches § 301.7605—1 Time and place of exam­ ination. under section 501(c) (3) ; (ii) to deter­ Amendment of the regulations on mine whether the organization qualifies procedure and administration under sec­ * * * * * as one, contributions to which are de­ tion 7605(c) of the Internal Revenue (c) Restriction on examination ofductible under section 170, 545, 556, 642, Code of 1954 to conform to section 121 churches— (1) In general. This section 2055, 2106, or 2522; or (iii) to determine (f) of the Tax Reform Act of 1969. imposes certain restrictions upon the Whether the organization is a church or On December 17, 1970, notice of pro­ examination of the books of account and convention or association of churches posed rule making with respect to the religious activities of a church or con­ subject to the provisions of part m of amendment of the regulations on proce­ vention or association of churches for subchapter F of chapter 1. The require­ dure and administration (26 CFR Part the purpose of determining whether such ments of subparagraph (2) of this para­ ¿01) under section 7605(c) of the Inter- organization may be engaged in activities graph that the Regional Commissioner

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20600 RULES AND REGULATIONS j give notice prior to examination of the This amendment is effective upon pub­ (3) Copies made by Xerox or otherwise books of account of an organization do lication in the F e d e r a l R e g is t e r (per p a g e )------$0-05 not apply to an examination of the re­ (10-27-71). (4) Certification of each record as a ligious activities of the organization for true copy.:------ii____... ______75 Signed at Washington, D.C., this 18th any purpose described in this subpara­ (5) Certification of each record as a day of October 1971. true copy, under the seal of the graph. Once it has been determined that agency ______------i , 00 the organization is a church or conven­ [ s e a l ] W i l l i a m H. B r o w n in , (6) For each signed statement of neg­ tion or association of churches, no Chairman. ative result of search for record_____ i. oo further examination of its religious ac­ [FR Doc.71-15527 Filed 10-26-71:8:46 am] tivities may be made in connection with (b) When no specific fee has been es­ determining its liability, if any, for un­ tablished for a service, e.g., legal or re­ related business income tax. PART 1610— AVAILABILITY OF search assistance, or the request for a service does not fall under one of the (4) Effective date. The provisions of RECORDS above categories due to the amount, size, this paragraph shall apply to audits and or type thereof, the Director of Admin­ examinations of taxable years beginning Subpart A— Production or Disclosure istration is authorized to establish an after December 31, 1969. Under 5 U.S.C. 552(a) appropriate fee pursuant to the criteria [FR Doc.71-15609 Filed 10-26-71;8:52 am] F e e s , C h a r g e s , a n d M e t h o d s o f P a y m e n t established in Bureau of the Budget Cir­ cular No. A-25, entitled “User Charges.” By virtue of the authority vested in it by section 713(a) of title VTI of the (c) When a request for identifiable records is made by mail, it should be Civil Rights Act of 1964, 42 U.S.C. sec­ accompanied by remittance of the total Title 29— LABOR tion 200Qe-12(a), 78 Stat. 265, the Equal fee chargeable, as well as a self-ad­ Employment Opportunity Commission Chapter XIV— Equal Employment dressed stamped envelope, if special mail hereby amends Title 29, Chapter XTV, Opportunity Commission services are desired. Part 1610, Subpart A, by adding § 1610.16, (d) Fees must be paid in full prior PART 1601— PROCEDURAL and by amending § 1610.17, of the Code to issuance of requested copies of rec­ of Federal Regulations. REGULATIONS ords. If uncertainty as to the existence Because the amendments herein of a record, or as to the number of sheets Subpart B— Procedure for the Pre­ adopted are procedural in nature, the vention of Unlawful Employment to be copied or certified precludes re­ provisions of section 4 of the Adminis­ mitting the exact fee chargeable with the Practices trative Procedure Act, 5 U.S.C. section request, the agency will inform the in­ 1003, for public notice and delay in ef­ C onfidentiality terested party of the exact amount fective date are inapplicable. These required. By virtue of the authority vested in it amendments shall be effective upon pub­ (e) Payment shall be in the form of a by section 713(a) of title V II of the Civil lication in the F e d e r a l R e g is t e r . check, bank draft, money order. Remit­ Rights Act of 1964, 42 U.S.C. section § 1610.16 User charges, waiver. tances shall be made payable to the order 2000e-12(a), 78 Stat. 265, the Equal Em­ of the Equal Employment Opportunity ployment Opportunity, Commission It is the policy of the Equal Employ­ Commission. hereby amends Title 29* Chapter XIV, ment Opportunity Commission to co­ (f) A receipt for fees paid will be given Subpart B, § 1601.20 of the Code of Fed­ operate with charging parties, their coun­ only upon request. Refund of fees paid eral Regulations. sel, and private agencies working to for services actually rendered will not be Because the amendments herein eliminate employment discrimination. To made. the extent practicable that policy will be adopted are procedural in nature, the (g) No charge will be made for serv­ provisions of section 4 of the Adminis­ applied under this part so as to permit requests for inspection or copies of rec­ ices performed at the request of other trative Procedure Act, 5 U.S.C. section governmental agencies or officers thereof, ords and information to be met without 1003, for public notice and delay in effec­ acting in their official capacities. tive date are inapplicable. This amend­ cost to the charging party, attorney, or ment shall become effective upon pub­ group making the request. Fees will be (Sec. 713(a), 78 Stat. 265, 42 U.S.C. 2000e- 1 2 (a )) lication in the F e d e r a l R e g is t e r . charged, however, in the case of requests Section 1601.20 is revised to read as which are determined by the General This amendment is effective upon pub­ follows: Counsel to involve a burden on staff or lication in the F e d e r a l R e g is t e r (10- facilities significantly in excess of that 27-71). § 1601.20 Confidentiality. normally accepted by the agency in handling routine requests for informa­ Signed at Washington, D.C., this 18th Neither a charge, nor information ob­ day of October 1971. tained pursuant to section 709(a) of title tion. While the fees charged for serv­ VII, nor information obtained from rec­ ices and copying wilf in no event exceed [ s e a l ] W i l l i a m H. B rown III, ords required to be kept or reports re­ those as specified in § 1610.17, the Com­ Chairman. quired to be filed pursuant to sections mission reserves the right to limit the [F R Doc.71-15526 Filed 10-26-71;8:46 am] 709 (c) and (d) of said title, shall be number of copies that will be provided made matters of public information by of any document or to require that spe­ the Commission prior to the institution cial arrangements for copying be made of any proceedings under this title in­ in the case of records or requests present­ Title 30— MINERAL RESOURCES volving such charge or information. This ing unusual problems of reproduction or provision does not apply to such earlier handling. Chapter I— Bureau of Mines, disclosures to the charging party, the (Sec. 713(a), 78 Stat. 265, 42 U.S.C. 2000e- Department of the Interior 1 2 (a )) respondent, witnesses, and representa­ SUBCHAPTER O— COAL MINE HEALTH AND tives of interested Federal, State, and § 1610.17 Schedule of fees and method SAFETY local agencies as may be appropriate or o f payment for services rendered. necessary to the carrying out of the Com­ PART 90— PROCEDURES FOR TRANS­ mission’s functions under the title, nor (a) Except as provided for in § 1610.16 FER OF MINERS WITH EVIDENCE to the publication of data derived from the following specific fees shall be ap­ OF PNEUMOCONIOSIS such information in a form which does plicable with respect to services rendered to members of the public under this In accordance with the provisions of not reveal the identity of the charging subpart: section 203 of the Federal Coal Mine party, respondent, or person supplying (1) Searching for records, per hour or Health and Safety Act of 1969 (Public the information. fraction thereof______$3. 60 Law 91-173), and pursuant to the author­ (Sec. 713(a), 78 Stat. 265, 42 U.S.C. 2000e- (2) Other facultative services and in­ ity vested in the Secretary of th e Interior 1 2 (a )) dex assistance minimum charge.___ 3.60 under section 508 of the Act, there was

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 RULES AND REGULATIONS ' 20601 published in the F e d e r a l R e g is t e r for with an explanation of actions taken* miner shall be afforded the option of March 2, 1971 (36 F.R. 3900) a notice with respect to this data are available for transferring from his position to another of proposed rule making setting forth a public inspection in the Office of the De­ position in any area of the mine, for such new Part 90 to Subchapter O of Chapter puty Director for Health and Safety, period or periods as may be necessary to I, Title 30, Code of Federal Regulations, Room 4512, Bureau of Mines, Depart­ prevent further development of pneumo­ which provided procedures to be followed ment of the Interior, Washington, D.C. coniosis, where the concentration of by miners, operators, and the Bureau of 20240. respirable dust in the mine atmosphere is Mines, in relation to notification, exer­ Part 90, Subchapter O, Chapter I of not more than 1.0 milligrams of dust per cise, and enforcement of the option of a Title 30, Code of Federal Regulations is cubic meter of air, or if such level is not miner with evidence of pneumoconiosis herewith promulgated at set forth below attainable in such mine, to a position in to transfer his position to a less dusty and shall become effective upon publica­ such mine where the concentration of area of the mine. tion in the F e d e r a l R e g is t e r (10-27-71). respirable dust is the lowest attainable Interested persons were afforded a pe­ below 2.0 milligrams per cubic meter of H o l l i s M . D o l e , riod of 30 days following the date of air. Section 203(b) (3) of the Act further Assistant Secretary publication of the notice in which to sub­ provides that any miner so transferred of the Interior. mit written comments, suggestions, or shall receive compensation for such work O c t o b e r 20,1971. objections to the proposed regulations. In at not less than the regular rate of pay view of the comments, objections, and Subpart A— General received by him immediately prior to his requests for public hearings received in Sec. transfer. The regulations in this Part 90 response to said notice, the Department 90.1 Scope. prescribe the manner by which the Direc­ decided to hold a public hearing in order 90.2 Definitions. tor, Bureau of Mines shall notify miners to receive further comments and testi­ Subpart B— Notification to Miner of the results of chest roentgenograms and advise them of related rights; the mony relating to Procedures for Transfer 90.10 Notification by Director; contents. of Miners with Evidence of Pneumoconio­ method by which eligible miners shall sis. A notice of public hearing was pub­ Subpart C— Miner's Election of Option of Transfer exercise their option of transfer of posi­ lished in the F e d e r a l R e g is t e r for July 90.20 Election of option of transfer; noti­ tion; the method to be followed by opera­ 14, 1971 (36 F.R. 13097) and a public fication to Bureau of Mines. tors in transferring such eligible miners; hearing was held on July 26, 1971 in the and the manner in which the Director, Subpart D— Operator’s Transfer of Miner Auditorium, Department of the interior, Bureau of Mines shall enforce the option 19th and C Streets NW., Washington, 90.30 Notification o f option o f transfer. of transfer of position of eligible miners. 90.31 Operator’s transfer of miner; require­ D.C. § 90.2 Definitions. The comments and testimony received ments. 90.32 Transfer of miner; time requirement. As used in this Part 90: at tlfe July 26 public hearing, as well as 90.33 Notification to District Manager. all other written comments, suggestions, 90.34 Com pensation o f transferred miner. (a) “Coal mine” means an area of or objections were thoroughly reviewed, land and all structures, facilities, ma­ and some of the regulations were re­ Subpart E— Enforcement of Miner’s Option of chinery, tools, equipment, shafts, slopes, vised accordingly. For example, if a Transfer by Bureau of Mines tunnels, excavations, and other property, miner who shows evidence of the 90.40 Enforcement of option of transfer; real or personal, placed upon, under, or development of pneumoconiosis is al­ notices and orders. above the surface of such land by any ready working in a position where the A u t h o r it y : The provisions of this Part 90 person, used in, or to be used in, or re­ concentration of respirable dust in the are issued under sections 203 and 508 of the sulting from, the work of extracting in mine atmosphere meets the requirements Federal Coal Mine Health and Safety Act of such area bituminous coal, lignite, or of section 203(b) of the Act, the opera­ 1969 (Public Law 91-173). anthracite from its natural deposits in tor need not transfer him to another the earth by any means or method, and position. In addition a miner who elects Subpart A— General the work of preparing the coal so ex­ to exercise his Option of transfer need § 90.1 Scope. tracted, and includes custom coal prepa­ not inform the operator by whom he is ration facilities; Section 203(a) of the Federal Coal employed of this election, but only must (b) “Director” means the Director, Mine Health and Safety Act of 1969 re­ notify the Bureau of Mines, using a form quires the operator of a coal mine to co­ Bureau of Mines, U.S. Department of supplied to him for this purpose by the the Interior. Bureau. operate with the Secretary of Health, Education, and Welfare in making avail­ (c) “Miner” means any individual A considerable portion of the com­ working in a coal mine. ments, suggestions, objections, and testi­ able to each miner working in a coal (d) “Operator” means any owner, mony was devoted to the conflict between mine the opportunity to have chest lessee, or other person who operates, the miner’s right to be afforded the op­ roentgenograms. The films of such controls, or supervises a coal mine. tion of transfer provided by section 203 roentgenograms shall be read and classi­ (b) of the Act and the seniority and job­ fied in a manner prescribed by the Secre­ (e) “Option of transfer” means; bidding provisions of the current N a­ tary of Health, Education, and Welfare, (1) Prior to December 30, 1972, the tional Bituminous Coal Wage Agree­ and the Secretary of the Interior shall option afforded a miner, whose chest ro­ ment. However, after careful considera­ submit the results of these roentgeno­ entgenogram or other medical examina­ tion, it is the position of the Department grams to each miner and advise him of tion shows evidence of the development that since section 203(b) of the Act is a his rights under the Act related thereto. of pneumoconiosis, to transfer from his Properly enacted Federal statutory pro­ Section 203(b)(1) of the Act provides position to another position in any area vision, it may operate to supersede, in that prior to December 30, 1972, any of the mine, for such period or periods Part, provisions of this labor contract. miner who, in the judgment of the Secre­ as may be necessary to prevent further Testimony was also received advocating tary of Health, Education, and Welfare development of pneumoconiosis, where the use of approved respiratory equip­ based upon such reading or other medi­ the concentration of respirable dust in ment in order to allow a longer period of cal examinations, shows evidence of the the mine atmosphere is not more than time within which to effectuate a trans­ development of pneumoconiosis shall be 2.0 mg./m.® of air; however, if such fer. This approach was rejected by Con­ afforded the option of transferring from miner is already working in a position gress, in its consideration of the Federal his position to another position in any where the concentration of respirable Coal Mine Health and Safety Act of 1969, area of the mine, for such period or pe­ dust is not more than 2.0 mg./m.® of air, and in light of this legislative history the riods as may be necessary to prevent-fur­ he need not be transferred; and Department has not adopted these sug­ ther development of such disease, where (2) On and after December 30, 1972, the concentration of respirable dust gestions. H.R. Conf. Rep. No. 91-761, 91st the option afforded a miner, whose chest in the mine atmosphere is not more than Cong., 1st Sess., 77 (1969). roentgenogram or other medical exami­ 2.0 milligrams of dust per cubic meter of A summary of the comments, sugges­ nation shows evidence of the develop­ tions, and objections, and a transcript of air. Effective December 30, 1972, section ment of pneumoconiosis, to transfer the July 26,1971 public hearing, together 203(b) (2) of the Act provides that such from his position to another position in

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 No. 207----- 5 20602 RULES AND REGULATIONS

any area of the mine, for such period or to the operator employing such miner a Mines dust sampling data, and shall no­ periods as may be necessary to prevent letter notifying the operator that the tify the miner, by letter, that the oper­ further development of such disease, miner is afforded the option of transfer ator need not transfer him to another where the concentration of respirable and that the miner has exercised the position. However if Bureau of Mines dust in the mine atmosphere is not more option of transfer. The Director shall dust sampling data subsequently shows than 1.0 mg./m.’ of air, or if such level is send a copy of this letter of notification that the miner is working in a position not attainable in such mine, to a position to the miner. where the concentration of respirable in such mine where the concentration § 90.31 Operator’s transfer of m iner;' dust is in excess of the levels prescribed of respirable dust is the lowest attainable requirements. by section 203(b) of the Act, then the below 2.0 mg./m.® of air; however, if such District Manager shall notify the oper­ miner is already working in a position (a) Except as provided in paragraph ator and the miner that such miner must where the concentration of respirable (b) of this section, an operator shall, be transferred in accordance with this dust is not more than 1.0 mg./m.® of air, upon receipt of a letter of notification part. or if such level is not attainable in such from the Director in accordance with mine, in a position where the concentra­ § 90.30, transfer the miner to such a posi­ § 90.34 Compensation o f transferred tion of respirable dust is the lowest at­ tion as is required by section 203(b) of miner. tainable below 2.0 mg./m.® of air, he need the Federal Coal Mine Health and Safety Any miner transferred in accordance not be transferred. Act of 1969, within the time prescribed in with the provisions of this Part 90 shall (f) “ P n e u m o c o n io sis’' means a § 90.32. receive compensation for his work at not chronic dust disease of the lung arising (b) If, based upon the respirable dust less than the regular rate of pay re­ out of employment in a coal mine. sampling requirements of Part 70 of this ceived by him immediately prior to his (g) “Respirable dust” means only dust chapter an operator ascertains that the transfer. particulates 5 microns or less in size. miner who has exercised his option of (h) “Secretary” means the Secretary transfer is already working in a position Subpart E— Enforcement of Miner’s of Health, Education, and Welfare. where the concentration of respirable Option of Transfer by Bureau of Mines dust in the mine atmosphere meets the Subpart B— Notification to Miner requirements of section 203 (b) of the Act, § 90.40 Enforcement o f option of trans­ fer; notices and orders. then the operator need not transfer such § 90.10 Notification by Director; con­ (a) If the notification prescribed in tents. miner from such position. § 90.33 is not received from the oper­ (a) Upon the receipt of information § 90.32 Transfer o f miner; time require­ ator within the time required by § 90.32, ment. from the Secretary that a miner has the District Manager of the Coal Mine been given a chest roentgenogram, and Except as provided in § 90.31(b) the Health and Safety District where the that such roentgenogram has been read operator shall transfer the miner who has mine is located shall make or cause to and classified in the manner prescribed exercised the option of transfer as soon be made an inspection and investigation by the Secretary, the Director shall sub­ as practicable, but no later than 45-days to determine whether or not the transfer mit to such miner, by letter, the results from the date of the letter of notification of the miner has been accomplished and of such roentgenogram and advise such by the Director pursuant to § 90.31, or by whether there is compliance with sec­ miner of his rights related thereto. The such other date after the period of 45 tion 203 of the Act. Director shall include a copy of the in­ days that the miner may indicate, in (b) If the inspection and investiga­ formation received from the Secretary. writing, to both the operator and the tion shows noncompliance with section (b) When a chest roentgenogram Director as being acceptable to the miner 203 of the Act, the District Manager shall shows, in the judgment of the Secretary, for such transfer. make or cause to be made appropriate evidence of the development of pneumo­ § 90.33 Notification to District Manager. findings, notices, and orders under sec­ coniosis, the Director shall notify the af­ tion 104 of the Act. In no case shall a (a) The operator shall, when the fected miner that he has the option of reasonable time for abatement of a vio­ transfer has been accomplished or when transfer. lation be more than 30 days from the the operator has ascertained that the date of the notice of violation. Subpart C— Miner’s Election of Option miner who has exercised his option of of Transfer transfer is already working in a position F ig u r e 1 where the concentration of respirable EXERCISE OF OPTION TO TRANSFER § 90.20 Election o f option o f transfer; dust in the mine atmosphere meets the notification to Bureau o f Mines. Chief Health Division, requirements of section 203 (b) of the Act, Coal Mine Health and Safety, Any miner notified by the Director immediately notify the District Manager Bureau of Mines, that he has the option of transfer, if he of the Coal Mine Health and Safety Dis­ Department of the Interior, elects to exercise such option, shall, in trict in which the mine is located, in Washington, D.C. 20240. writing, notify the Bureau of Mines of writing, that he has complied with I have been notified by the Bureau of his election to exercise the option of § 90.31. This notice shall include the Mines that I am eligible, under the provi­ transfer. A miner may fulfill this re­ name and Social Security number of the sions of the Federal Coal Mine Health and quirement by signing and dating a form, miner who has exercised his option of Safety Act of 1969, to transfer to an area similar to Figure 1, which will be sent transfer; the name and identification of the mine as is required by section 203(b) to him by the Director for this purpose. number of the mine; the section identi­ of the Act, if I am not already working in fication number; where applicable, the such an area. This notification shall be sent to the I elect to exercise m y option to transfer. Chief, Health Division-!-Coal Mine date of transfer, the position from which Health and Safety, Bureau of Mines, De­ such miner was transferred, and the (Signature of miner) partment of the Interior, Washington, position to which such miner was trans­ D.C. 20240. The miner shall not be re­ ferred; and, where applicable, certifica­ quired to furnish the operator a copy tion by the operator that such miner is (Date signed) of the medical information received from already working in a position where the Name and Address of Miner. the Secretary and provided to the miner concentration of respirable dust in the mine atmosphere meets the requirements LETTER FROM DISTRICT MANAGER TO MINER by the Director. ELECTING H IS OPTION OF TRANSFER, BUT WHO of section 203(b) of the Act. IS ALREADY WORKING IN A POSITION WHERE Subpart D— Operator’s Transfer of (b) Upon receipt of certification by TH E RESPIRABLE DUST IN THE M INE ATMOS­ Miner the operator that a miner is already PHERE MEETS THE REQUIREMENTS OF SECTION § 90.30 Notification o f option o f trans­ working in a position where the concen­ 203(b) OF THE ACT. fer. tration of respirable dust in the mine Although you were previously notified by atmosphere meets the requirements of the Director, Bureau of Mines that, in ac­ Upon receipt by the Bureau of Mines, cordance with section 203(b) of the federal pursuant to § 90.20 of information from section 203(b) of the Act, the District Coal Mine, Health and Safety Act of 196» the miner that he elects to exercise the Manager shall officially confirm such (Public Law 91-173), you were eligible for option of transfer, the Director shall send certification by reference to Bureau of transfer to an area of the mine where tne

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 RULES AND REGULATIONS 20603 concentration of respirable dust is not more proposed regulations. Based on the com­ Effective date. This amendment shall than 2.0 m illigram s per cubic m eter of air, if ments received and the recommendations become effective on November 26, 1971. you were not already working in such an of the Commander, 17th Coast Guard Dated: October 20, 1971. environment, review of our records has con­ District, Hassler Harbor has been se­ firmed that you are already w orking in such lected as the area for the explosives W . M . B e n k e r t , an environment. Consequently, your em­ Rear Admiral, U.S. Coast ployer need not transfer you fro m your anchorage. present position at this time. However you One change has been made to the regu­ Guard, Chief, Office of Marine may apply for Black Lung Benefits (title V of lations. In order that the public under­ Environment and Systems. the Act) at the nearest Social Security Office; stands what is required in the sign pre­ [FR Doc.71-15592 Filed 10-26-71;8:49 am] and if official records subsequently show that scribed by § 110.232(b) (6) (iii), the rule you are working in an area of the mine now states the wording and the minimum where the concentration of respirable dust is height of the lettering to be used. more than 2.0 milligrams per cubic meter of Accordingly, Part 110 is amended by air, then you and your employer will be Title 41— PUBLIC CONTRACTS notified that you m ust be transferred as adding a new section, § 110.232, to read required by law. as follows: AND PROPERTY MANAGEMENT Coal Mine Health and Safety, § 110.232 Southeast Alaska. District Manager. (a) The anchorage grounds— (1) Chapter 114— Department of the letter to m in e operator ( copy to m in e r ) Hassler Harbor— explosives anchorage. Interior FROM DISTRICT MANAGER W H E N SUBSEQUENT The waters of Hassler Harbor within a PART 114-25— GENERAL DUST SAMPLING DATA SHOWS MINER IS WORK­ circular area with a radius of 1,500 yards, ING IN A POSITION WHERE RESPIRABLE DUST having its center nt latitude 55°12'52" IN M INE ATMOSPHERE EXCEEDS LEVELS PRE­ Reports SCRIBED BY SECTION 203 (b ) . N., longitude 131°25'52" W. (b) The regulations. (1) Except in an Pursuant to the authority of the Sec­ M in e r:______emergency, only a vessel that is trans­ retary of the Interior contained in 5 < Soc. Sec. #: ______porting, loading or discharging explo­ U.S.C. 301 (Supp. V, 1965-1969) and sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), a Dear Operator: Records of the Bureau sives may anchor, moor, or remain within of Mines show th at the above nam ed m iner the Hassler Harbor explosives anchorage. new Subpart 114-25.48 is added to Chap­ is presently working in a position Where the (2) A master or person in charge of a ter 114, Title 41 of the Code of Federal concentration of respirable dust is in excess vessel shall obtain a written permit from Regulations, as set forth below. of the levels prescribed by section 203(b) of This subpart shall become effective on the Federal Coal Mine Health and Safety the captain of the port, 'Ketchikan, the date of its publication in the F e d e r a l Act of 1969 (Public Law 91-173). Therefore Alaska, to anchor, moor, or remain R e g is t e r (10-27-71). you must transfer this miner to a less dusty within the exnlosives anchorage. The area of the mine as required by Part 90, Sub­ vessel shall anchor in the position speci­ R o g e r s C . B . M o r t o n , chapter O, Chapter I, Code o f Federal fied by the permit. Secretary of the Interior. Regulations. (3) The net weight of the explosives O c t o b e r 20, 1971. Coal Mine Health and Safety, laden aboard all vessels anchored, District Manager. moored, or remaining within the anchor­ Subpart 114—25.48— Reports Sec. (FR Doc.71-15574 Filed 10-26-71:8:51 am] age shall not exceed 800,000 pounds. (4) The captain of the port, Ketchi­ 114r-25.4801 Supply activity report. kan, Alaska, may require a nonself pro­ 114-25.4801-50 Responsibility for review. pelled vessel to be attended by a tug A u t h o r it y : The provisions of this Subpart while moored, anchored, or remaining 114—25.48 issued under 5 U.S.C. 301 (Supp. V, Title 33— NAVIGATION AND within the explosives anchorage. 1965-1969); section 205(c), 63 Stat. 390; 40 (5) A wooden vessel must— U.S.C. 486(c). NAVIGABLE WATERS (i) Be fitted with a radar reflector Subpart 114—25.48— Reports screen of metal of sufficient size to per­ Chapter I— Coast Guard, mit target indication on the radar screen § 114—25.4801 Supply activity report. Department of Transportation of commercial type radar; or (a) Each Bureau and Office shall sub­ [C G F R 71—86A] (ii> Have steel bulwarks; or mit an original and three copies of a (iii) Have metallic cases or cargo consolidated report to reach the Office of PART 110— ANCHORAGE aboard. Management Operations by August 15 REGULATIONS (6) Each vessel moored, anchored, or for review and transmittal to the General remaining within the explosives anchor­ Services Administration. Anchorage Grounds; Explosives age and carrying, loading, or discharg­ (b) The following supplemental in­ Anchorage, Hassler Harbor, Alaska ing explosives from sunrise to sunset structions shall be observed in the prep­ shall display— The purpose of this amendment to the aration of GSA Form 1473, Supply Activ­ (i) A red flag from the mast; or ity Report: anchorage regulations is to establish an (ii) A sign posted on each side explosives anchorage in Hassler Harbor, of the vessel reading “Explosives— Keep P art I— I n v e n to r y Entries Southeast Alaska. Clear— No Smoking or Open Flame” in (1) Inventories should be reported in This amendment is based on a notice of letters that are 3 inches or larger and Part I broken down by groups as carried in Proposed rule making published in the have sufficient contrast with the back­ Bureau records or accounts. Breakdown by Saturday, August 28, 1971, issue of the ground to be seen from a distance of 200 Federal Supply Classification descriptions is not required, but inventories may be reported F ederal R e g is t e r (36 F .R . 17360) and feet. Public Notice 17-5-71, issued by the Com­ on this basis if desired. (7) Each vessel moored, anchored, or (2) The column headed “line items” un­ mander, 17th Coast Guard District on remaining within the anchorage during der Part I of GSA Form 1473 shall be left June 21, 1971. The explosives anchorage the night shall display— blank, except for line 6, “Items having no was proposed to be located in one of six (i) Anchor lights; and issues in the last 12 m onths.” areas that were described. The substance (ii) A 32 point red light located from (3) Do not report the value of inventory of the proposed regulations for the the mast or highest part of the vessel to items held for “Exchange or Repair,” unless in the unlikely event your Bureau carries a Proposed explosives anchorage was be visible all around the horizon for a described. significant quantity of inventory items in distance of 2 miles. this category. Nine comments were received and the (Sec. 7, 38 Stat. 1053, as am ended, sec. 6 (g ) (4) Report on line 7.a the value of “long majority of these comments urged that (1 ) (A ) , 80 Stat. 937, 33 U.S.C. 471, 49 U.S.C. supply” inventory transferred to other ac­ me anchorage be established in Hassler 1655(g) (A), 49 CFR 1.46(C)(1), 33 CFR tivities within the Bureau and to other Harbor. There were no comments on the 1.05-1(c )(1) (36 F.R. 19160)) Bureaus of the Department of the Interior.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20604 RULES AND REGULATIONS

Line 7.b will reflect the value of "long sup­ classified as a “corrosive liquid” prior to paragraph. Also, the matter of dryness ply" transferred to Federal agencies outside recharging with a compressed gas. in cylinders following hydrostatic test­ of Interior. (See IPM R 114-27.3). On January 23, 1971, the Hazardous ing was mentioned as a matter for con­ (5) Report on line 8 only that property which has been determined to be excess to Materials Regulations Board published cern, Therefore, to preclude a possible the Department of the Interior in accordance a notice of proposed rule making, Docket source of moisture, a requirement that with the screening requirements set forth in No. HM-76; Notice No. 71-3 (36 F.R. cylinders be dried immediately following IP M R 114-43.1. 1153), which proposed this amendment. testing has been added to § 173.34(e) P art I I — A cquisitions Interested persons Were invited to give (15). their views and several comments were In consideration of the foregoing, 49 All acquisitions for inventory- are to be received by the Board. A few of the com­ CPR Part 173 is amended as follows; reported under Part II, including acquisi­ ments were more of an editorial nature tions for inventories exempted from report­ (A) In § 173.34, paragraph ( a ) (1 ) is ing under Part I pursuant to FPMR 101— and suggested clarifications of some of amended, (a) (3) is amended and re­ 25.4902-1473-1. the proposed rules. Several suggestions designated paragraph ( b ) ; paragraph were adopted. Editorial changes were P art III— Storage Operations (b) is redesignated (c) (3) ( i ) ; the intro­ made to § 173.34 (c), (e) table, (e H ll), ductory text of paragraph (c) is amend­ Report under Part III only those ware­ and (e) (15). Some editorial changes sug­ ed, (c) (2) is canceled, (c) (3) is redesig­ houses and storerooms having inventories gested would have resulted in substantial reported under Part I. nated (c) (3) (ii), (c)(4) is redesignated revisions without appropriate rule mak­ ( c ) (2), and (c )(5 ) is canceled; para­ P art IV — Staffin g ing process and therefore could not be graph (e) table and paragraph (e) (6) (1) Lines 1 and 2. Report only man-years considered by the Board at this time. are amended, (e )(9 ) is amended by in­ and the total annual personnel cost devoted One commenter noted that he had sug­ serting “DOT-4E” following DOT-4BW to processing inventories reported under gested in a petition for rule change, dele­ in the first sentence, “§ 178.68” has been Part I. Do not include these data for ex­ tion of the last sentence of § 173.34(c) inserted following § 178.61 within the empted inventories. (3) (i) on the basis that this require­ parentheses, and the last sentence has (2) Line 3. Report the man-years and total ment was covered by § 173.34(e) (4). been deleted, (e) (10) table is amended annual personnel cost involved in the pur­ As an alternative, the commenter chasing activities described under item 3, and the last sentence of the paragraph paragraph (e), page 5 of instructions for stated that it would be proper to change canceled, ( e ) ( l l ) and (e) (15) are preparation of GSA Form 1473, whether or the word “and” to “or” in the subject amended, and (e) (16) added as follows: not the inventory procured is exempted from text reading “ * * * unless they are re­ reporting under Part I. heat treated and requalified in accord­ § 173.84 Qualification, maintenance and use o f cylinders. § 114—25.4801—50 Responsibility for ance with the requirements of this review. section.” The Board has not adopted (a ) * * * this change. The Board believes that (1) No person may charge or fill a Reports submitted by field offices shall these texts should remain as presently cylinder unless it is as specified in this be reviewed at the headquarters level written since § 173.34(e) (4) provides an part and Part 178 of this chapter. A of each Bureau and Office, and appropri­ option rather than a requirement. The cylinder that leaks, is bulged, has defec­ ate corrective action shall be initiated requirement for reheat treatment is to tive valves or safety devices, bears evi­ promptly in those instances where the re­ assure uniform heat treatment through­ dence of physical abuse, fire or heat view discloses a need for improvement in out the cylinder to preclude the exist­ damage, or detrimental rusting or corro­ supply activities. ence of localized cold worked areas. sion, must not be used unless it is prop­ [FR Doc.71-15587 Filed 10-26-71;8:49 am] The proposal to amend § 173.30Kb]? erly repaired and requalified as pre­ was based on the opinion that a long­ scribed in these regulations. term lessee can be considered, for the * * * * * purposes of the Hazardous Materials (b) Grandfather clause. A cylinder in Title 49— TRANSPORTATION Regulations, the same as an owner. The domestic use previous to the date upon comments received do not substantiate which the specification therefor was Chapter I— Hazardous Materials Reg­ this opinion. Since the Board does not ulations Board, Department of first made effective in these regulations wish to expand the term “owner” out­ may be used if the cylinder has been Transportation side of persons having ownership-type properly tested and otherwise complies [D ocket No. H M —76; Arndt. 173-55] controls, the proposed change has not with the requirements applicable for the been included in this amendment. gas with which it is charged. PART 173— SHIPPERS Objection was received regarding the (c) Cylinder marking. Each required Compressed Gases in Cylinders Board’s proposal to restrict the appli­ marking on a cylinder must be main­ cation of the 10-year retest to a cylinder tained so that it is legible. Retest mark­ The purpose of this amendment to the “not over 35 years old when it is re­ ings and original markings which are Hazardous Materials Regulations of the tested.” The Board believes it should becoming illegible may be reproduced by Department of Transportation is to (1) gather additional retest information on stamping on a metal plate which must extend the 5-year hydrostatic retest re­ a broader base before it can consider a be permanently secured to the cylinder. quirement for certain specification 3A 10-year retest period applied over a ***** and 3AA cylinders to 10-year periods; longer time span than was proposed. (2) When the space originally pro­ (2) authorize visual inspection for speci­ Two commenters requested that meth­ fication 4E aluminum cylinders in place vided for dates of subsequent retests be­ ane and sulfur hexafluoride be added to comes filled, the stamping of additional of periodic hydrostatic retesting; (3) au­ the gases listed in § 173.34(e) (15) (ii). It thorize visual inspection for specification test dates into the external surface of the is the Board’s opinion that newly intro­ footring of a cylinder is authorized. 4B and 4BA cylinders used exclusively in duced matters of this nature must be methylamine service; (4) authorize permitted review through the normal (3) A cylinder marking may not be visual inspection for certain cylinders rule-making procedures. As these changed except as follows: used exclusively in cyclopropane service; changes were not included in Notice No. (i) Marked service pressure may be (5) apply periodic hydrostatic retesting 71-3, they cannot be covered by this changed only upon application to the Bu* and reinspection requirements to specifi­ amendment but will have to be the sub­ reau of Explosives and receipt of written cations 3AX and 3AAX cylinders; (6) re­ ject of future rule making. instructions as to the procedure to be followed. Such a change is not authorized move the service pressure restriction Several commenters mentioned pos­ limiting the type of cylinders that may sible confusion concerning cylinders used for a cylinder which has failed to pass be visually inspected instead of being for underwater breathing. The Board the prescribed periodic hydrostatic re­ hydrostatically retested; and (7) pro­ didr not intend that such cylinders be test unless it is reheat treated and re­ vide requalification requirements for cyl­ covered by § 173.34(e) (15). Accordingly, qualified in accordance with the require­ inders that contained a material a restriction has been added in that sub­ ments of this section.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 RULES AND REGULATIONS 20605

(ii> Changes may be made in serial proval must identify the existing mark­ (11) A cylinder made in compliance numbers and in the identification sym­ ings (including serial numbers) that cor­ with specification DOT-3A, DOT-3A 480X, or DOT-4AA480 used exclusively bols by the owners. Indentification sym­ respond with the proposed new markings. bols must be registered and approved by for anhydrous ammonia, commercially * * * * ♦ the Bureau of Explosives. Serial num­ free from corroding components, and bers and identification symbols may be (5) [Canceled] protected externally by suitable corro­ sion resisting coatings (such as painting, changed only by the owner upon his re­ * * * * * ceipt of written approval from the Bu­ etc.) may be retested every 10 years in­ reau of Explosives. The request for ap- (e) * * * stead of every 5 years. * * * * Specification under which Minimum retest pressure (p.s.i.) Retest period (years) (15) A cylinder made in compliance cylinder was made with specification DOT-3A or 3AA, not exceeding 125 pounds water capacity and DOT-3.....— 3,000 p.s.i------5. D0T-3A, 3AA. 6/3 times service pressure, except 5 or 10 (see § 173.34 (e)(ll), (e)(14), removed from any cluster, bank, group, noncorrosive service (see § 173.34 and (e)(15)). rack, or vehicle each time it is filled, may (e)(10)). be retested every 10 years instead of D O Í-3A X , 3 A A X ------5/3 times service pressure______5. 3B.3BN______2 times service pressure (see § 173.34 5 or 10 (see § 173.34(e) (14)). every 5 years, provided the cylinder com­ (e)(10)). plies with all of the following: 3C— ...... Retest not required.------3D...... -...... 5/3 times service pressure______5. (i) The cylinder is not over 35 years 3E...... Retest not required______old when it is retested. 5/3 times service pressure------3 (see § 173.34(e) (13)). 3HT--—...... — ------(ii) The cylinder is used exclusively 4 ...... —- 700 p.s.i...... —______-...... 10. 4A-..-.-...... - ...... 5/3 times service pressure (see § 173.- 5 or 10 (see § 173.34(e)(14)). for: Air, argon, cyclopropane, ethylene, 34(e)(10)). helium, hydrogen, krypton, neon, nitro­ 4AA480...... 2 times service pressure (see § 173.34 5 or 10 (see § 173.34(e)(11)). (e)(10)). gen, nitrous oxide, oxygen, xenon, and 4B, 4BA, 4BW, 4B-240ET. 2 times service pressure, except non- 5 or 10 (see §173.34 (e)(9) and (e)(14)). corrosive service (see 1 173.34(e) permitted mixtures thereof (see § 173. (10)). 301(a)) and permitted mixtures of these 4C...... Retest not required...... gases with up to 30 percent by volume of 4D, 4DA, 4DS. 2 times service pressure______5. D0T-4E...... 2 times service pressure, except non- 5. carbon dioxide. These commodities must corrosive service (see § 173.34(e) have a dewpoint at or below minus 52° (10)). 4L. Retest not required...... P. at 1 atmosphere. 7... do...... (iii) Prior to each refill, the cylinder is 7-150 for liquefied petroleum gas... 300 p.s.i...... -..... 5. 8, 8AL...... ,..... Retest not required...... subjected to, and passes the hammer test DOT-9...1...... 400 p.s.i. (maximum 600 p.s.i.)...... 5. specified in CGA Pamphlet C-6. 25...... 500 p.s.i...... 5. (iv) A cylinder currently in compli­ 26 for filling at over 450 p.s.i_____ 5/3 times service pressure______5. 26 for filling at 450 p.s.i. and below 2 times service pressure, except non- 5 or 10 (see § 173.34(e)(9)). ance with subdivisions (i), (ii), and (iii) corrosive service (see § 173.34(e) of this subparagraph but which has not (10)). 33. 800 p.s.i...... 5. been confined to the exclusive use serv­ 38. 500 p.s.i...... ------5. ice specified since the last required Any cylinder with marked test pressure. Retest at marked test pressure.. — 5. Foreign cylinder charged for export. As marked on the cylinder, but not See § 173.301 (j). hydrostatic retest is retested and exam­ less than 5/3 of any service or work­ ined in accordance with the require­ ing pressure marking. ments of § 173.302(c) (2), (3), and (4) before the periodic retest interval is * * * * * dash between the month and year figures extended to 10 years. (6) Each cylinder passing reinspection may be replaced by the mark of the test­ (v) Each cylinder less than 35 years and retest must be marked with the date ing or inspecting agency. Stamping must old is stamped with a five pointed star at (month and year), plainly and perma­ be in accordance with marking •require­ least one-fourth of an inch high follow­ nently stamped into the metal of the ments of the specification. Date of the ing the test date. If at any time a cylinder cylinder or on a metal plate which must previous tests must not be obliterated. marked with the star is used other than as specified in this paragraph, the star be permanently secured to the cylinder. * * * * * following the most recent test date is For example, “4-70” for April 1970. The ( 10) * * * obliterated and subsequent tests are made every 5 years. Cylinders made in compliance with— Used exclusively for— (vi) The cylinder is dried immediately DOT-4, DOT-3A, DOT—3AA, DOT-3A480X, Anhydrous ammonia of at least 99.95% following hydrostatic testing to remove DOT-4 A, D O T —4 A A480. purity. all traces of free water. DOT-3A, DOT—3AA, DOT-3A480X, DOT-3B, Butadiene, inhibited, which is commercially (vii) The cylinder is not used for un­ DOT-4B, DÓT-4BA, DOT-4BW, ICC-26- free from corroding components. derwater breathing. 240,1 ICC—26—300.1 DOT-3A, DOT—3A480X, DOT—3AA, DOT-3B, Cyclopropane which is commercially free from (16) A cylinder that previously con­ DOT—4A, DOT—4AA480, DOT-4B, DOT-4BA, corroding components. tained a commodity classified as a “cor­ D O T-4BW . rosive liquid” must not be used for the DOT-3A, DOT-3 AA, DOT-3A480X, DOT-4B, Fluorinated hydrocarbons and mixtures transportation of any compressed gas DOT-4BA, DOT—4BW, DOT-4E. thereof which are commercially free from unless the following requirements are corroding components. complied with before the subsequent ini­ DOT-3A, DOT—3AA, DOT-3A480X, DOT-3B, Liquefied hydrocarbon gas which is commer­ tial filling with the compressed gas. DOT-4B, DOT-4BA, DOT-4BW, DOT-4E, cially free from corroding components. (i) The cylinder must be visually in­ ICC-26-240,1 ICC-26—3Ô0.1 DOT-3A, DOT—3AA, DOT-3A480X, DOT-3B, Liquefied petroleum gas which is commer­ spected, internally and externally, in ac­ DOT—4B, DOT-4BA, DOT-4BW, DOT-4E, cially free from corroding components. cordance with the CGA Pamphlet C-6. ICC-26-240,1 IC C —26—300.1 (ii) Regardless of the previous test or DOT-3A, DOT-3 AA, DOT-3B, DOT-4B, DOT­ Methylacetylene-propadiene, stabilized, retest date, the cylinder must be tested ABA, D O T -4 B W , D O T -4 E . which is commercially free from corroding by interior hydrostatic pressure and components. must meet the acceptance criteria as DOT-3A, DÓT-3AA, DOT-3B, DOT-4B, DOT­ Anhydrous mono, di, trimethylamines which specified in subparagraphs (1), (2), (3), ABA, D O T -4 B W . are commercially free from corroding and (4) of this paragraph. components. (iii) In addition to the record, pre­ scribed in subparagraph (5) of this para­ 1 Use of existing cylinders authorized, but new construction not authorized. graph, the record of the inspection and ****** »

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20606 RULES AND REGULATIONS

test shall include the date (month and the transportation of any compressed the regulations as amended herein is au­ year) of the inspection and test; the gas. thorized immediately. cylinder identification (including ICC or * * * * * (Secs. 831-835 of title 18, United States Code; DOT specification number, registered section 9, Department of Transportation Act, symbol, serial number, date of manu­ (B) In § 173.301, paragraph (a) is49 U.S.C. 1657, title V I, section 902(h), Fed­ facture, and ownership symbol); the amended as follows: eral Aviation Act of 1958, 49 U.S.C. 1421-1430 conditions checked (leakage, corrosion, 1 4 7 2 (h )) § 173.301 General requirements for gouges, dents, or digs in shell or heads, shipment o f compressed gas in cylin­ Issued in Washington, D.C., on Octo­ broken or damaged footrings, or fire d e r. ber 19, 1971. damage) and the disposition of the cylin­ G. H. R ead, der (returned to service, returned to the (a) Gases capable of combining chem­ ically. A cylinder charged with com­ Captain, Alternate Board Mem­ manufacturer for repairs, or scraped). ber, for the United States (iv) A cylinder requalified for com­ pressed gas must not contain gases or Coast Guard. pressed gas service in accordance with materials that are capable of combining chemically with each other or with the M ac E . R o g e r s , this subparagraph may have its next Board Member, for the retest and inspection scheduled from the cylinder material so as to endanger its Federal Railroad Administration. serviceability. See § 173.34(e) (16) re­ date of the inspection and retest pre­ R o b e r t A . K a y e , garding the requalification of a cylinder scribed herein. Board Member, for the (v) A cylinder that contained any cor­ that previously contained a corrosive Federal Highway Administration. liquid. rosive liquid, for which decontamination J a m e s F . R u d o l p h , methods cannot remove all significant * * He' * * Board Member, for the residue or impregnation by the former This amendment is effective Decem­ Federal Aviation Administration. corrosive content must not be used for ber 31, 1971. However, compliance with [FR Doc.71-15477 Filed 10-26-71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20607 Proposed Rule Making

§ 75.1719 Illumination in w o r k in g current, or by sinusoidal full wave al­ DEPARTMENT OF THE INTERIOR places. ternating current not less than 50 cycles Bureau of Mines [S tatu to ry P r o visio n s] per second (100 pulses per second), or an equivalent power source that causes On or before December 30, 1970, the Secre­ no greater flicker. [ 30 CFR Part 75 ] tary shall propose the standards under which (b) The metal frames or enclosures of ILLUMINATION IN UNDERGROUND all working places in a mine shall be il­ luminated by permissible lighting within 18 stationary lighting fixtures receiving COAL MINES months after the promulgation of such power through portable cables shall be standards, while persons are working in such effectively grounded through a separate Proposed Standards places. grounding conductor inside the cable, to In the F e d e r a l R e g is t e r for Decem­ §75.1719—1 Luminance standard. a grounding medium approved by an ber 31, 1970 (35 F.R. 20009), there was authorized representative in accordance jïublished a notice of proposed rule mak­ (a) On or before ______,* each with the applicable requirements of this ing which prescribed the illumination to operator of an underground coal mine Part 75. Machine-mounted lighting be provided in the working places of shall provide each working place in the shall be electrically grounded to the underground coal mines, and in addition, mine with lighting as prescribed in machine, either by frame contact or by a the reflection efficiency of permissible § 75.1719-2 while miners are working in separate grounding conductor in the electric face equipment, and the restric­ such places. cable to such fixture. tions on visual impedance and pulsation (b) The lighting prescribed in this sec­ (c) Cables conducting power to sta­ frequencies of lighting devices installed tion shall be in addition to that provided tionary lighting fixtures shall be con­ on such equipment. by personal cap lamps. sidered trailing cables, and shall meet In light of the written comments, sug­ (c) The luminous intensity of surfaces the requirements of Subpart G of this gestions, and objections submitted to the of working places in the direction of part. In addition, such cables shall be Bureau of Mines concerning this notice miners relative to their normal visual protected against overloads and short fields shall be no less than 0.06 foot of proposed rule making, and in view of circuits by a suitable circuit breaker, or lamberts. numerous consultation meetings held, in other device approved by the Secretary, accordance with section 101(c) of the (d) Except as provided in paragraphs equipped with an approved ground fault Federal Coal Mine Health and Safety Act (e), (f), (g ), and (h ) of this section, trip arrangement. of 1969 (Public Law 91-173), since pub­ the areas to be illuminated within the (d) Cable-connected lighting fixtures lication of the proposal, it is deemed normal visual fields of miners shall in­ shall be deenergized, and removed out of advisable to withdraw the proposed rule clude rib, roof, floor, exposed equipment, the line of blast and not less than 50 making of December 31, 1970, and to and task surfaces where equipment is feet from the working face, prior to re­ propose revised illumination standards. employed during the cutting, mining, and moval of shunts on blasting caps and the loading of coal, up to and including the introduction of the firing cable to the Therefore notice is hereby given that inby end of shuttle cars and other con­ face area after the shot holes are charged. pursuant to the authority vested in the veying equipment during the actual load­ (e) Lighting fixture systems shall be Secretary of the Interior under section ing of coal. designed and installed to minimize dis­ 101(a) of the Act, and in accordance with (e) The area in each long wall working comfort and glare. Lighting fixtures (ex­ section 317 (e) thereof which requires the place required to be illuminated shall cept those lighting devices with less than Secretary to propose standards under include the area from the face to the 90-foot lamberts brightness) shall be en­ which all working places in an under­ gob-side of the longwall roof support sys­ closed, or otherwise designed and in­ ground coal mine shall be illuminated by tem, and the work areas occupied by stalled to limit the maximum light spread permissible lighting while persons are the headpiece and tailpiece operator re­ to 170°. working in such places, it is proposed that gardless of their location. (f) Surface brightness in the normal Part 75, Subchapter O of Chapter I, Title (f) The area to be illuminated within visual field of a miner shall not vary by 30, Code of Federal Regulations be the normal visual fields of miners per­ more than 50 percent through each 10° amended by adding §§ 75.1719 through forming tasks including, but not limited angle of sight, and the maximum surface 75.1719-4, as set forth below. These pro­ to, timbering, roof bolting, electrical, brightness shall not exceed 120-foot posed amendments prescribe the illumi­ pipe, or machine repair shall be 5 feet in lamberts. nation to be provided in the working all directions. places of underground coal mines, re­ (g) The area in each pitching anthra­ § 75.1719—3 Light measuring instru­ ments ;;methods o f measurement. quirements for lighting fixtures, methods cite working place required to be illu­ of measuring light, and requirements for minated shall include the area between (a) Surface brightness may be meas­ mining machines, hard hats, and cap the face and the full box, and the bat­ ured by telescopic photosensors or visual lamps. tery area at and inby the last open photometers. Illumination levels may also Interested persons may submit written crosscut to a distance of 5 feet on either be determinated by photometers which comments, suggestions, or objections to side of a miner in such area. measure incident light. the Director, Bureau of Mines, Washing­ (h ) An authorized representative of (b) Meters shall be properly cali­ ton, D.C. 20240, no later than 45 days fol­ the Secretary may specify other areas in brated, and maintained. Meters cali­ lowing publication of this notice in the working places to be illuminated for the brated against standards traceable to F ederal R e g is t e r . protection of miners. the National Bureau of Standards and those which are color corrected (by use H o l l i s M . D o l e , § 75.1719—2 Lighting fixtures; require­ Assistant Secretary of a filter or equivalent) in accordance ments. with Figure 4-5, “Illuminating Engineer­ of the Interior., (a) Lighting fixtures shall be permis­ing Society Handbook, 4th Ed.,” shall be O ctober 19, 1971. sible. Electrically, operated lighting accepted as the criterion. Incident pho­ Part 75, Subchapter O of Chapter I, fixtures shall be energized by direct tometers shall also be cosine corrected. Title 30, Code of Federal Regulations (c) The relation between surface would be amended by adding the fol­ 1 Within 18 months after promulgation of brightness and incident light is as lowing: these proposed mandatory safety standards. follows:

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20608 PROPOSED RULE MAKING

Surface brightness (foot lamberts) Agricultural Marketing Act of 1946 (sec. D e f i n i t i o n s = incident light (foot-candles) X reflectance. 202-208, 60 Stat. 1087, as amended; 7 § 58.2455 Bulk American cheese for Where values of reflectance are: U.S.C. 1621-1627). manufacturing. 0.01— coal surface. The proposed standards are applicable 0.01— roof. only to cheese made for use in the manu­ “Bulk American cheese for manufac­ turing” is cheese made for use in the 0.15—-clothing. facture of pasteurized process cheese 0.03— floor. manufacture of pasteurized process products or as an ingredient in other cheese products or as an ingredient in 0.05— unpainted m etallic parts. food products. 0.50— painted m achine surfaces. other food products. The composition re­ Statement of consideration. In Au­ quirements of the curd shall be that of Then the minimum level of illumination gust 1960 the Department responded to the particular variety and type of cheese shall be 6 foot-candles on the coal, task, industry requests by agreeing to tenta­ made. Cheese used in pasteurized process and roof surfaces, and 2 foot-candles on tively grade Cheddar cheese packed in cheese or other food products shall have the floor. steel barrels. The U.S. grade standard such defects as mold, soft spots, or salt (d) In determining compliance withfor Cheddar cheese was to be used dur­ spots removed before use. § 75.1719-1, .the surface-brightness or in­ ing this trial period. Subsequently there § 58.2456 Variety and type of cheese cident light shall be considered as the have been industry advances in tech­ included. average of uniformly spaced measure­ nology and a substantial increase in the ments taken on the task or other surface use of bulk cheese for manufacturing. The varieties and types of cheese in­ required to be illuminated. Allowance With these developments the Research cluded in these standards are as follows: shall be made for shadows cast by roof- Committee of the National Cheese Insti­ (a) Cheddar cheese and Cheddar control posts or other obstructions nec­ tute asked the Department in December cheese for manufacturing shall conform essary to insure safe mining conditions. 1968 to develop a separate U.S. grade to the provisions of the Definitions and standard for bulk cheese for manufac­ Standards of Identity for Food and Food § 75.1719—4 Mining machines; hard Products of tlie Food and Drug Adminis­ hats; cap lam ps; requirements. turing. The Department agreed to draft a proposed standard which would rec­ tration (21 CFR 19.500 and 19.502, respectively). (a) Mining machines shall, when ognize the differences in quality char­ newly painted, be a bright color having acteristics and end use between Cheddar (b) Washed curd cheese (soaked curd a minimum reflectance of 50 percent cheese and bulk cheese for manufactur­ cheese), and washed curd cheese for manufacturing shall conform to the pro­ (ASTM Method E 97-55 for daylight or ing applicable to cheese packed in barrels equivalent, reapproved 1965), except for and other bulk form. visions of the Definitions and Standards cab interiors and similar surfaces which of Identity for Food and Food Products Since 1968 the Department has met at might adversely affect visibility. Exposed of the Food and Drug Administration (21 various times with the National Cheese machine surfaces, particularly vertical CFR 19.505 and 19.507, respectively). Institute and industry to obtain tech­ surfaces, shall be maintained in a rea­ nical advice. This information, together (c) Granular cheese (stirred curd sonably well-painted and clean condition. with technical data and the experience cheese), and granular cheese for manu­ (b) Red reflectors mounted in protec­ facturing shall conform to the provi­ and technical knowledge within the De­ tive metal frames or reflecting tape shall partment form the basis for establishing sions of the Definitions and Standards of be installed on each end of mining ma­ the proposed standards. These proposed Identity for Food and Food Products of chines, except that continuous mining standards have been field tested to deter­ the Food and Drug Administration (21 machines, loaders, and cutters need only mine that the bulk cheese would be ade­ CFR 19.535 and 19.537, respectively). have such reflectors or tape on the outby quately and properly graded. (d) Colby cheese and colby cheese for end. manufacturing shall conform to the pro­ (c) Each miner regularly employed in All persons who desire to submit written data, views, or arguments in con­ visions of the Definitions and Standards the active workings of an underground of Identity for Food and Food Products coal mine shall be required to wear an nection with this proposal should file of the Food and Drug Administration (21 approved personal cap lamp or an equiv­ the same in duplicate with the Hearing alent portable light. Clerk, Room 112A, Administration Build­ CFR 19.510 and 19.512, respectively). ing, Washington, D.C. 20250 not later (d) Hard hats shall, when newly § 58.2457 Types of packaging. painted, be a bright color having a mini­ than 30 days from the date of publication mum reflectance of 50 percent (ASTM in the F e d e r a l R e g is t e r . All written The following are the types of pack­ Method E 97-55 for daylight or equiva­ submissions made pursuant to this notice aging for bulk American cheese for lent, reapproved 1965), and shall have re­ will be made available for public inspec­ manufacturing: tions at the office of the Hearing Clerk flecting tape on both front and back. (a) The cheese shall have a clean pri­ during regular business hours (7 CFR Hard hats shall be maintained in a rea­ mary container in good condition, which sonably well-painted and clean condition. 1.27b). The proposed standards are as follows: will entirely cover the cheese and be [FR Doc.71-15578 Filed 10-26-71:8:52 am] properly closed or sealed so as to protect Subpart H— United States Standards it from damage, contamination, or for Grades of Bulk American Cheese desiccation. for Manufacturing 1 DEPARTMENT OF AGRICULTURE (b) The cheese and the primary con­ D e f in it io n s tainer may or may not be placed in a Consumer and Marketing Service Sec. 58.2455 Bulk American cheese for manufac­ secondary container. [ 7 CFR Part 58 1 turing. (c) If requested, the primary and/or BULK AMERICAN CHEESE FOR 58.2456 Variety and type of cheese included. secondary container may be inspected in 58.2457 Type o f packaging. MANUFACTURING accordance with the U. S. Standards for U.S. G rades Proposed Standards for Grades Condition of Food Containers (Part 42 58.2458 Nom enclature o f U.S. grades. of this title). Grading and inspection, general speci­ 58.2459 Basis for determination of U.S. fications for approved dairy plants and grades. U.S. G r a d e s standards for grades of dairy products. Ex p l a n a t io n of T erms § 58.2458 Nomenclature of U.S. grades. Notice is hereby given that the U.S. 58.2460 E xplanation o f terms. The nomenclature of U.S. grades is as Department of Agriculture is consider­ follows: ing the issuance, as hereinafter proposed, 1 Compliance with these standards does (a) U.S. extra grade. of U.S. Standards for Grades of Bulk not excuse failure to comply with the provi­ American Cheese for Manufacturing pur­ sions of the Federal Food, Drug, and Cos­ (b) U.S. standard grade. suant to the authority contained in the metic Act. (c) U.S. commercial grade.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 PROPOSED RULE MAKING 20609

8 58.2459 Basis for determination of (1) Flavor. May possess certain unde­ tween start and finish. However the time U.S. grades. sirable flavors to a limited degree; to a interval varies, and each production unit must be identified as to date and order The U.S. grades of bulk American very slight degree, metallic and sour; to of manufacture. cheese for manufacturing shall be de­ a slight degree, onion; to a definite de­ (6) Production unit (barrel or block). termined on the basis of rating the fol­ gree, bitter, fruity, utensil, whey taint, A single discrete portion of a batch or lowing quality factors: Flavor; and body yeasty, malty, old milk, weedy, bamy, continuous production output, except in and texture. The rating of each quality lipase, and sulfide; to a pronounced de­ instances where portions of two produc­ factor shall be established on the basis gree, feed and acid. See table I. tion lots may be contained in a sample of the attributes present in each produc­ (2) Body and Texture. A plug drawn unit of either lot. tion lot in which the cheese may be from the cheese may be loosely knit with (7) Primary container. The immedi­ formed. A production unit shall be se­ large and connecting mechanical open­ ate container in which the product is lected at random from each production ings. In addition to having numerous packaged and which serves to protect, lot. No single piece of cheese, whatever sweet holes, yeast holes, and other gas preserve, and maintain the quality of the its shape, shall weight less than 100 holes, it may have pinny gas holes to a product. pounds. If the cheese in a production slight degree. May possess the following (8) Secondary container. The con­ unit is derived from more than one pro­ defects: To a definite degree; gassy and tainer in which the product and the pri­ duction lot, the grade shall be determined slitty; to a pronounced degree, curdy, mary container is placed to protect and on the basis of the lowest grade for either coarse, open, sweet holes, short, mealy, preserve them during transit or storage. lot. The cheese shall be graded no sooner weak, pasty, crumbly, and corky. See (9) Bulk Cheese trier. A trier made of than 10 days of age. The cheese shall be table II. stainless steel capable of delivering a sat­ properly identified as to place of manu­ T able I—Rating of Flavor Quality Factor isfactory plug approximately 10 inches facture, variety, and type, and marked to long and seven-eighths of an inch in di­ include date of manufacture, vat or pro­ U.S. U.S. U.S. ameter at the top and five-eighths of an duction lot. A production unit represen­ Identification of Extra Standard Coin­ flavor attributes Grade Grade mercial inch in diameter at the tip. tative of* the production lot of cheese Grade (b) With respect to flavor— (1) Very shall be sampled and graded by taking a slight. Detected only upon very critical satisfactory plug with a standard bulk Feed.______S D P examination. cheese trier from any surface of the Acid...... S D P (2) Slight. Detected only upon critical cheese. The plug shall be taken at a slight Bitter...... VS S D Fruity (fermented)______S D examination. angle to the surface of the cheese. The Utensil...... S D Metallic. 1 _____ 1...... VS (3) Definite. Not intense but detect­ final U.S. grade shall be established on Sour...... VS able. the basis of the lowest rating of any one Whey taint...... S D (4) Pronounced. So intense as to oe of the quality factors. Yeasty...... S D Malty______S D easily identified. (a) U.S. Extra Grade. U.S. extra grade Old Milk______S D (5) Feed. Feed flavors (such as al­ bulk American cheese for manufacturing Weedy...... S D falfa, sweet clover, silage, or similar conforms to the following: Onion...... VS S Barny...... S D feed) in milk carried through into the (1) Flavor. Is pleasing arid free from Lipase______S D cheese. undesirable flavors and odors; may pos­ Sulfide...... S D (6) Acid. Sharp and puckery to the sess to a very slight degree, a bitter fla­ taste, characteristic of lactic acid. vor; and to a slight degree, feed, and VS—Very Slight. S—Slight. D—Definite. P—Pronounced. (7) Bitter. Distasteful, similar to taste acid flavor. See table I. of quinine. Most frequently found in aged (2) Body and Texture. A sample T able I I — R ating op Body and T exture cheese. drawn from the cheese shall be firm and Qu a lity F actor (8) Fruity. A fermented fruit-like sufficiently compact to draw a satisfac­ flavor resembling apples; generally in­ tory plug, however may appear loosely U.S. U.S. U.S. creasing in intensity as the cheese ages. knit and open and may have two sweet Identification of body Extra Standard Com- and texture attributes Grade Grade mercial (9) Utensil. A flavor that is suggestive holes, but shall be free of other gas holds. Grade of improper or inadequate washing and Therefore, it may possess the following: sterilization of milking machines, uten­ To a slight degree, sweet holes, coarse, Curdy...... D P p sils or factory equipment. short, mealy, weak; to a definite degree, Coarse______S D p (10) Metallic. A flavor having quali­ curdy, and open. See table II. Open______D P p Sweet holes______S D p ties suggestive of metal, imparting a (b) U.S. Standard Grade. U.S. stand­ Short______S D p puckery sensation. ard grade bulk American cheese for man­ Mealy______*__ S D p Weak...... S D p (11) Sour. An acidy pungent flavor re­ ufacturing conforms to the following: Pasty__ D p sembling vinegar. (1) Flavor. May possess certain unde­ .Crumbly. D p Gassy.... S D (12) Whey-taint. A slightly acid flavor sirable flavors to a limited degree; to a Slitty___ S D and odor characteristic of fermented very slight degree, onion; to a slight de­ Corky__ s P Pinny__ vs s whey caused by too slow expulsion of gree, bitter, yeasty, malty, old milk, whey from the curd. weedy, bamy, lipase, fruity, utensil, sul­ (13) Yeasty. A flavor indicating yeasty fide, and whey taint; to a definite de­ S—Slight. D—Definite. P—Pronounced. VS—Very Slight. fermentation. gree, feed and acid. See table I. (14) Malty. A distinctive, harsh flavor § 58.2460 Explanation o f terms. (2) Body and Texture. A plug drawn suggestive of malt. from the cheese may be loosely knit with (a) General— (1) Variety. A particu­ (15) Old Milk. Lacks freshness. large and connecting mechanical open­ lar cheese such as Cheddar cheese, (16) Weedy. A flavor due to the use of ings. In addition to three to four sweet washed curd cheese, colby cheese and milk which possesses a common weedy holes, it may have scattered yeast holes granular cheese. flavor. Present in cheese when cows have and other scattered gas holes, however, (2) Type. A distinction between one or eaten weedy hay or grazed on common pinny gas holes are permitted only to more classes of cheese in the same vari­ weed-infested pasture. a very slight degree. May possess the fol­ ety, such as cheddar and Cheddar for (17) Onion. This flavor is recognized lowing: To a slight degree, gassy, slitty, manufacturing. by the peculiar taste and aroma sug­ and corky; to a definite degree, sweet (3) Quality factor. A separate criteria gestive of its name. Present in milk or holes, coarse, short, mealy, weak, pasty, established for each of the following: cheese when cows have eaten onions, and crumbly; to a pronounced degree, Flavor, body, and texture, and color. garlic, or leeks. curdy and open. See table II. (4) Attribute. An inherent character­ (18) Barny. A flavor characteristic of (c) U.S. Commercial Grade. U.S. com­ istic of the product being graded. the odor of a cow stable. mercial grade bulk American cheese for (5) Production lot (va t). The cheese (19) Lipase. A flavor suggestive of manufacturing conforms to the manufactured from a single source rancidity or butyric acid, sometimes as­ following: within a plant during the interval be­ sociated with a bitterness.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 No. 207------6 20610 PROPOSED RULE MAKING

(20) Sulfide. A flavor of hydrogen sul­Act of 1937, as amended (secs. 1-19, for members, shall constitute a quorum fide similar to the flavor of water with a 48 Stat. 31, as amended; 7 U.S.C. 601- and any decision, recommendation or high sulfur content. 674), and in accordance with the appli­ other action of the committee shall re­ (c) With respect to body and texture— cable rules of practice and procedure quire not less than five concurring votes (1) Slight. An attribute , which is barely governing proceedings to formulate mar­ including one by a handler member or identifiable and present only to a small keting agreements and marketing orders an alternate acting as such. degree. (7 CFR Part 900), notice is hereby given * * * * £ * (2) Definite. An attribute which is of a public hearing to be held in Home­ (c) For any recommendation of the readily identifiable and present to a sub­ stead Agricultural Center, 18710 South­ committee pursuant to § 911.53 as to the stantial degree. west 288th Street, Homestead, PL, at total quantity of limes deemed advisable (3) Pronounced. An attribute which is 9:30 a.m., local time, November 10, 1971, to be handled during any week immedi­ markedly identifiable and present to a with respect to proposed further amend­ ately following two or more continuous large degree. ment of the marketing agreement and weeks of regulation all members of the (4) Smooth. Peels silky; not dry and order (7 CFR Part 911) regulating the committee, including alternatives acting coarse or rough. handling of limes grown in Florida. The for members, shall constitute a quorum (5) Firm. Peels solid, not soft or weak. proposed amendment has not received and a concurring vote by all such mem­ (6) Waxy. When worked between the the approval of the Secretary of bers, including alternates, shall be re­ fingers, molds well like wax. Agriculture. (7) Curdy. Smooth but firm; when quired. The quorum and voting The public hearing is for the purpose requirements of the preceding sentence worked between the fingers is rubbery of receiving evidence with respect to the and not waxy or broken down. shall not apply to recommendations pur­ economic and marketing conditions re­ suant to § 911.53 to increase the quantity (8) Coarse. Peels rough, dry, and lating to the proposed amendment, which sandy. that may be handled during the appli­ is hereinafter set forth, and appropriate cable week or, pursuant .to § 911.54 to (9) Open. Mechanical openings that modifications thereof. are irregular in shape and are caused by terminate or suspend any existing regu­ The following amendment of the lation. workmanship and not gas fermentation. amended marketing agreement and order (10) Sweet holes. Spherical gas holes, 4. Renumber §§ 911.50 through 911.56 was proposed by the administrative com­ glossy in appearance; usually about the as §§ 911.46 through 911.52, respectively. mittee, the administrative agency estab­ size of BB shots; also referred to as shot 5. Amend § 911.46 Marketing policy lished pursuant to the marketing or swiss holes. by revising paragraph (d) and chang­ agreement and order. (11) Short. No elasticity to the plug ing the introductory paragraph to read and when rubbed between the thumb and 1. Amend the first sentence in § 911.10 as follows: fingers, it tends toward mealiness. Handle by deleting the initial word “Handle” and inserting in lieu thereof § 911.46 Marketing policy. (12) Mealy. Short body, does not mold “ ‘Handle’ is synonymous with ‘ship’ and” well and looks and feels like corn meal Each season prior to making any rec­ so that the entire sentence reads as when rubbed between the thumb and ommendations pursuant to § 911.47 or follows : fingers. § 911.53, the committee shall submit to § 911.10 Handle. the Secretary a report setting forth its (13) Weak. Requires little pressure to marketing policy for the ensuing season. crush, is soft but is not necessarily sticky “Handle” is synonymous with “ship” Such marketing policy report shall con­ like a pasty cheese. and means to sell, consign, deliver, or tain information relative to (a) * * * (14) Pasty. Usually weak body and transport limes within the production * * * * * when the cheese is rubbed between the area or between the production area and thumb and fingers it becomes sticky and any point outside thereof : Provided, That (d) A schedule of estimated weekly smeary. such term shall not include: (a) The shipments of limes diming the ensuing (15) Crumbly. Tends to fall apart sale or delivery of limes to a handler, season; when rubbed between the thumb and registered as such with the committee ♦ * * * * fingers. in accordance with such rules and regu­ 6. Amend § 911.52 Limes not subject (16) Gassy. Gas holes of various sizes lations as it may prescribe with the ap­ to regulations by changing the introduc­ and may be scattered. proval of the Secretary, who has tory sentence to read as follows preced­ (17) Slitty. Narrow elongated slits facilities within the production area for ing paragraph (b) : preparing limes for market; (b) the de­ generally associated with a cheese that is § 911.52 Limes not subject to regu la­ gassy or yeasty. Sometimes referred to livery of limes to such a handler solely as “Fish-eyes.” for the purpose of having such limes pre­ tions. pared for market; or (c) the transporta­ (18) Corky. Hard, tough, over-firm Except as otherwise provided in tion of limes by a handler so registered cheese which does not readily break this section, any person may, without with the committee, from the grove to down when rubbed between the thumb his packing facilities within the produc­ regard to the provisions of §§ 911.41, and fingers. tion area for the purpose of having such 911.48, 911.51, and 911.54, and the regu­ (19) Pinny. Numerous very small gas limes prepared for market. In the event lations issued thereunder, handle limes holes. a grower sells his limes to a handler (a) for consumption by charitable in­ Done at Washington, D.C. this 19th who is not so registered with the com­ stitutions; * * * day of October 1971. mittee, such grower shall be the first 7. Add a new section § 911.53 Rec­

G . R . G r a n g e , handler of such limes. ommendation for volume regulation to Deputy Administrator, 2. Add a new section § 911.12 Week read as follows: Marketing Services. or full week to read as follows: § 911.53 Recommendation for volum e [PR Doc.71-15504 Piled 10-26-71;8:46 am ] regulation» § 911.12 W eek or full week. (a) The committee may, during any “Week” or “full week” means a 7-day [ 7 CFR Part 911 ] week, recommend to the Secretary the period beginning with Saturday. [Docket No. AO-267-A6] total quantity of limes which it deems 3. Amend §911.30 Procedure by re­ advisable to be handled diming the suc­ LIMES GROWN IN FLORIDA vising paragraph (a) and adding a new ceeding week: Provided, That such vol­ Notice of Hearing on Proposed paragraph (c) to read as follows: ume regulation shall not be recom­ Amendment of Marketing Agree­ § 911.30 Procedure. mended for any week except during the ment and Order (a) Except as provided in paragraph regulatory period comprised of the pe­ Pursuant to the applicable provisions (c) of this section, six members of the riod beginning with the week preceding of the Agricultural Marketing Agreement committee, including alternates acting the first full week in May through the

FEDERAL REGISTER, V O L 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 PROPOSED RULE MAKING 20611 last full week in August: Provided, fur­ (c) The committee shall determine has received an allotment may handle, ther, That no such regulation shall be the accuracy of the information sub­ in addition to the total allotment avail­ recommended after such regulations mitted pursuant to this section. When­ able to him, an amount of limes equiva­ have been effective for an aggregate of ever the committee finds that there is an lent to 10 percent of such total allotment eight (8) weeks during the aforesaid error, omission, or inaccuracy in any or 50 bushels, whichever is the greater. period. such information, it shall correct the 12. Add a new section § 911.58 Under­ (b) In making its recommendations, same and shall give the person who sub­ shipments to read as follows: the committee shall give due consider­ mitted the information a reasonable op­ ation to the following factors: portunity to discuss with the committee § 911.58 Undershipment. (1) Market prices for limes; the factors considered in making the cor­ If any person handles during any week (2) Supply of limes en route to prin­ rection. a quantity of limes, covered by a regula­ cipal markets; (d) Each week during the regulatory tion issued pursuant to § 911.54, in an (3) Supply, maturity, and condition period when volume regulation is likely amount less than the total allotment of limes in the production area; to be recommended for the following available to him for such week, he may (4) Market prices and supplies of week, the committee shall compute a handle, during the next succeeding week, fruits from competitive producing prorate base for each handler who has a quantity of limes, in addition to that areas, including foreign competing made application in accordance with permitted by the allotment available to areas, and supplies of other competitive the provisions of this section. The pro­ him for such week, equivalent to such fruits; rate base for each such handler shall be undershipment or 50 percent of the allot­ (5) Trend and level in consumer in­ computed by adding together the ment issued to him for the week during handler’s shipments of limes in the cur­ come; and which the undershipment was made, rent season and his shipments in the (6) Other relevant factors. whichever is the lesser: Provided, That immediately preceding seasons, if any, the committee, with the approval of the (c) At any time during a week for within the representative period, in which the Secretary, pursuant to § 911. Secretary, may increase or decrease such which he shipped limes and dividing such percentage. 54, has fixed the quantity of limes total by a divisor computed by adding to­ 13. Add a new section § 911.59 Allot­ which may be handled, the committee gether the number of weeks elapsed in ment loans to read as follows: may recommend to the Secretary that the current season and 18-weeks for such quantity be increased for such each of such immediately preceding sea­ §911.59 Allotment loans. week. Each such recommendation, to­ sons within the representative period in gether with the committee’s reason for (a) A person to whom allotments have which the handler shipped-limes. For been issued may lend or transfer all or such recommendation, shall be sub­ purposes of this section “representative part of such allotments to other persons mitted promptly to the Secretary. period’’ means the two preceding sea­ to whom allotments have also been is­ sons together with the current season; 8. Add a new section § 911.54 Issu­ sued. Each party to any such loan or the term “season’’ means the 18-week ance of volume regulations to read as transfer agreement shall, prior to com­ period beginning with the week preced­ follows: pletion of the agreement, notify the com­ ing the first full week in May of any mittee of the proposed loan or transfer § 911.54 Issuance of volume regulations. fiscal year; and the term “current sea­ and the applicable date of repayment, if Whenever the Secretary finds, from son” means the period beginning with any, and obtain the committee’s approval the recommendation and information the week preceding the first full week in of the agreement. submitted by the committee, or from May of the current fiscal year through other available information, that to limit the fourth full week preceding the week (b) The committee may act on behalf the quantity of limes which may be of regulation: Provided, That when of persons desiring to arrange allotment handled during a specified week will tend official shipping records are available to loans or participate in the transfer of to effectuate the declared policy of the the committee the said “current season” allotment. In each case the committee act, he shall fix such quantity : Provided, shall extend through the third full week shall confirm all such transactions im­ That such regulations during a regula­ preceding the week of regulation. mediately after the completion thereof tory period shall not in the aggregate by memorandum addressed to the parties 10. Add a new section § 911.56 Allot­ concerned, which memorandum ad­ limit the volume of lime shipments for ments to read as follows: more than eight ( 8 ) weeks. The quantity dressed to the parties concerned, shall so fixed for any week may be increased § 911.56 Allotments. be deemed to satisfy the requirements of paragraph (a) of this section as to noti­ by the Secretary at any time during such Whenever the Secretary has fixed the fying the committee and obtaining com­ week. Such regulations may, as author­ quantity of limes which may be han­ mittee approval. ized by the act, be made effective irre­ dled during any week, the committee spective of whether the season average shall calculate the quantity of limes The Fruit and Vegetable Division, price of limes is in excess of the parity which may be handled during such week Consumer and Marketing Service, has Price specified therefor in the act. The by each person who has applied for a pro­ proposed that consideration be given to Secretary may upon the recommendation rate base and for whom such a base was making such other changes in the of the committee, or upon other available computed by the committee. Such quan­ amended marketing agreement and or­ information, terminate or suspend any tity shall be the allotment of such per­ der as may be necessary to make the regulation at any time. son and shall be that portion of the entire provisions thereof conform with total quantity fixed by the Secretary any amendment thereto that may result 9. Add a new section § 911.55 Pro­ from this hearing. rate bases to read as follows : which, expressed in terms of percent, is equal to the percentage that such appli­ Copies of this notice of hearing may § 911.55 Prorate bases. cant’s prorate base is of the aggregate be obtained from the Fruit and Vegetable (a) Each person who desires to handle of the prorate bases of all such appli­ Division, Consumer and Marketing Serv­ limes shall submit to the committee, at cants. The committee shall give reason­ ice, U.S. Department of Agriculture, such time and in such manner as may be able notice to each person of the allot-, Washington, D.C. 20250, or from Mr. designated by the committee, and upon ment computed for him pursuant to this M. F. Miller, Fruit and Vegetable Divi­ forms made available by it, a written ap­ section. sion, Consumer and Marketing Service, plication for a prorate base and for al­ 11. Add a new section § 911.57 Over­ Post Office Box 9, Lakeland, FL 33802. lotments as provided in this section and § 911.56. shipments to read as follows: Dated: October 21,1971. (b) Such application shall be sub­ § 911.57 Overshipments. J o h n C . B l u m , stantiated in such manner and shall be During any week for which the Secre­ Deputy Administrator, supported by such information as the tary has fixed the total quantity of limes Regulatory Programs. committee may require. which may be handled, any person who [FR Doc.71-15604 Filed 10-26-71;8:50 am ]

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20612 PROPOSED RULE MAKING

and Welfare (45 CFR 5.60-5.65), and (4) Duplication of automatic data DEPARTMENT OF HEALTH, pursuant to the general rule making au­ processing records. thority of the Commissioner, 20 U.S.C. 2, (i) Punched cards: $6.50 per thousand 1231. or portion thereof. EDUCATION, AND WELFARE The following is a proposed amend­ (ii) Magnetic tape: $65 per reel or por­ Office of Education ment to Part 101, Chapter I, Title 45 of tion thereof. [ 45 CFR Part 101 1 the Code of Federal Regulations: Amend (iii) Computer listing, single ply: 35 Part 101 by adding the following new cents per page. PUBLIC INFORMATION subpart B, which will read as follows: (d) Mailing costs. The basic fees set Subpart B— Special Regulations Per­ forth above provide for records to be Proposed Fee Schedule mailed with ordinary first-class postage Notice is hereby given that the Com­ taining to Availability of Infor­ prepaid. If special handling or packag­ missioner of Education, with the approval mation Under 5 U.S.C. 552 ing is required, costs thereof will be added of the Secretary of Health, Education, § 101.10 Fée schedule. to the basic fee. and Welfare, proposes to amend Part 101 (e) Payment of fees and charges. Pay­ (a) Policy. It is the policy of the Office of Title 45 of the Code of Federal Regu­ ment may be made by check, draft, or of Education to provide routine infor­ lations to establish a schedule of fees to postal money order, payable to U.S. Of­ mation to the general public at no be charged for the provision of special fice of Education. Requests for services, charge. Special information services in­ information services pursuant to section accompanied by payment, or requests for 552 _of title 5 of the United States Code. volving a benefit that does not accrue to charges for record searches, should be In view of the effect of this regulation the general public are subject to the pay­ made to: upon the general public, it has been de­ ment of fees which have been established Office of Education^ Information Center, 400 termined that, while not required by law, to recover the cost to the Government Maryland Avenue SW., Washington, DC it is appropriate to solicit public par­ of providing such services (45 CFR 20202. ticipation in the formulation of the rule 5.60). under the procedures set forth in 5 U.S.C. (b) Record searches. Searches of or for (f) Services under section 417 of Gen­ 553. Any interested person may submit to records will be performed (to the ex­ eral Education Provisions Act. Payment the Commissioner of Education, 400 tent that time can be made available) in advance is required for all services. Maryland Avenue SW., Washington, DC at the following rates: Charges for requests for transcripts or 20202, within 30 days after the date of (1) By clerical personnel: $5 per per­ copies of tables and other records and publication of this material in the F e d ­ son per hour. for special statistical compilations to be e r a l R e g is t e r , comments, suggestions, or (2) By professional personnel at an furnished by the Commissioner of Edu­ objections in writing, concerning all or actual hourly cost basis (including over­ cation pursuant to 'section 417 of the part of the amendment proposed herein. head) to be established prior to search. General Education Provisions Act (20 An original and two conformed copies No charge will be made for the first one- U.S.C. 123 If) will be established at the* should be filed. Comments received in re­ half hour or portion therof. time a specific request is submitted. (5 sponse to this notice will be available for (c) Other services. Charges for other U.S.C. 552, 20 U.S.C. 1231f.) public inspection at the Office of Educa­ special services regarding Office of Edu­ Dated: September 1, 1971. tion’s Information Center, Room 1127, cation records are as follows: 400 Maryland Avenue SW., Washington, (1) Certification of records: $5 per S. P. M a r l a n d , Jr., DC 20202, Monday through Friday be­ certification. Commissioner of Education. tween 8 a.m. and 4:30 p.m. (2) Authentication of records: $5 for Approved: October 20, 1971. The proposed amendment would be first 25 pages or portion thereof ; 20 cents issued under the authority granted by 5 per page thereafter. E l l i o t t L . R ic h a r d s o n , Secretary. U.S.C. 552, as implemented in regulations (3) Copying and duplicating services: of the Department of Health, Education, 25 cents per page (one side). [FR Doc.71-15591 Filed 10-26-71;8:49 am]

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20613

Notices

environment. This statute governs all e. Section 501 of the Omnibus Crime department o f th e tr ea su r y Federal departments and agencies, and Control and Safe Streets Act of 1968, as requires positive orientation of all exist­ amended, Public Law 90-351, Public Law Bureau of Customs ing administrative discretion to support 90-644, authorizes LEAA to establish such the new mandate. It requires that an ex­ rules, regulations and procedures as are [TJD. 71-270] plicit analysis of the environmental con­ necessary to the exercise of its functions FOREIGN CURRENCIES sequences of proposed “major Federal and are consistent with the stated pur­ actions” shall be made and publicly com­ pose of the Act. Rates of Exchange mented upon prior to agency decision, 4. Definitions, a. “The Act” means title I of the Omnibus Crime Control and Safe O c t o b e r 5, 1971. and that this detailed environmental statement shall accompany the pro­ Streets Act of 1968, as amended. R ates of exchange certified to the Sec­ posals for actions through the existing b. “Federal actions” includes the en­ retary of the Treasury by the Federal agency review and decision processes. tire range of activity undertaken by Reserve Bank of New York for the This environmental statement is to in­ LEAA, with the exception of block grants Belgian franc, German deutsche mark, clude an analysis of the physical, social, made pursuant to sections 202, 306(a) Japanese yen, and Netherlands guilder. and aesthetic dimensions of the environ­ (1), and 455(a)(1) of the Act. Actions The Federal Reserve Bank of New mental impact of the proposed action, include,: York, pursuant to section 522(c), Tariff and is to include systematic efforts to (1) LEAA grants made under sections Act of 1930, as amended (31 U.S.C. 372 avoid or lessen adverse environmental 306(b) (2) , 402, 406, 407, 408, 455(b) (2), (c)), has certified the following rates of consequences by means of modified ap­ and 515 of the Act. exchange which vary by 5 per centum or proaches or alternatives. It is the pur­ (2) Direct LEAA Federal programs, more from the quarterly rate published pose of this instruction to establish or­ projects and administrative actions such in Treasury Decision 71—175 for the dates derly environmental clearance processes as: and countries indicated. Therefore, as to within the Law Enforcement Assistance (a) Rule making and regulations. entries covering merchandise exported Administration (LEAA) and to provide (b) Contracts. on the dates and from the countries guidance in the preparation and utiliza­ (c) Research, development and dem­ listed, whenever it is necessary for Cus­ tion of environmental statements and onstration projects. toms purposes to convert such currency comments. (d) Legislative proposals. into currency of the United States, con­ 2. Scope. This instruction applies to all c. “Major.” Any Federal action signif­ version shall be at the following daily “Federal actions” as defined in para­ icantly affecting the environment is rates: graph 4. Assistant Administrators are deemed to be a major. Belgian franc: responsible for assuring that all covered d. “Significantly Affecting the En­ September 27, 1971------$0. 0212192 actions are made in compliance with the vironment.” The following are nonex- 'September 28, 1971------. 0212030 National Environmental Policy Act of haustive examples of significant effects September 29, 1971______. 0212305 1969 and for establishing procedures a project may have on the environment. September 30, 1971------■ 0212526 consistent with the requirements of this A Federal action is considered to signifi­ German deutsche m ark: instruction. cantly affect the environment when it September 27, 1971------$0. 301775 3. Authority, a. The National Environ­ would: September 28, 1971------.301708 (1) Lead to a noticeable change in the September 29, 1971______. 301812 mental Policy Act of 1969 establishes a September 30, 1971------. 301550 broad national policy to promote efforts ambient noise level for a substantial to improve the relationship between man number of people. Japanese yen: and his environment, and provides for (2) Divide or disrupt an established September 27, 1971______$0. 00297400 September 28, 1971______.00297300 the creation of a Council on Environ­ community as to its historic, cultural or September 29, 1971______. 00298000 mental Quality (CEQ) to oversee imple­ natural aspects, including places of September 30, 1971______. 00298200 mentation of the policy. NEPA sets.out unique interest or scenic beauty. (3) Have a significant aesthetic or Netherlands guilder: certain policies and goals concerning September 27, 1971______$0. 297050 the environment, and requires that, to visual effect. September 28, 1971_,______. 297137 the fullest extent possible, the policies, (4) Destroy or derogate from impor­ September 29, 1971_!______. 297504 regulations, and public laws of the United tant recreational areas. September 30, 1971______. 296900 States shall be interpreted and adminis­ (5) Substantially alter the pattern or [ seal ] L e o n a r d L e h m a n , tered in accordance with those policies behavior of a nonhuman species. Acting Commissioner of Custonis. and goals. (6) Interefere with important breed­ b. Section 102(2) (c) of the National [PR hoc.71-15579 Filed 10-26-71:8:54 am ] ing, nesting or feeding grounds. Environmental Policy Act of 1969 re­ (7) Lead to a significant increase in quires that all agencies of the Federal air or water pollution in a given area. Government include in every major Fed­ eral action significantly affecting the (8) Disturb the ecological balance of a DEPARTMENT OF JUSTICE quality of the human environment a de­ land or water area. tailed statement on the environmental (9) Involve a reasonable possibility of Law Enforcement Assistance impact of such action. contamination of public water supply Administration c. Guidelines from the President’s source, treatment facility, of distribution [1030.1] Council on Environmental Quality system. (CEQ), dated April 23, 1971, 36 F.R. 7727, 5. Policy— a. General. It is the policy national environmental p o l ic y set forth procedures which must be fol­ of LEAA to implement NEPA and related ACT OF 1969 lowed by Federal agencies in implement­ Executive Branch guidance documents ing NEPA. on environment as fully as statutory au­ Implementation and Instructions d. Office of Management and Budget thority and available resources permit, 1. Purpose. The National Environ­ Circular A-95 details the requirements and to orient LEAA’s administrative dis­ mental Policy Act of 1969 (NEPA) estab­ for State and local review of environ­ cretion under the Act toward the broad lishes national policy, goals and proce­ mental statements required by section national goal of preserving and enhanc­ dures for protecting and enhancing the 102(2) (c) of NEPA. ing the environment.

FEDERAL REGISTER, V O L 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20614 NOTICES

b. Analysis of environmental conse­ the following subparagraphs, appropri­ their areas of expertise is attached as quences prior to decisions. It is the fur­ ately headed: Appendix 1. A time period for comment ther policy of LEAA to give full consid­ 1. A description of the proposed ac­ of not less than 30 or 45 days if the eration to environmental impacts in its tion and its purpose. project has impacts within Environmen­ decisions. Accordingly, environmental 2. The probable impact of the pro­ tal Protection Agency’s jurisdiction, may statements shall be prepared on all ma­ posed action on the environment. be specified. Where comments of other jor Federal actions significantly affect­ 3. Any probable adverse environmental Federal agencies have been obtained by ing the environment in accordance with effects which cannot be avoided should the applicant, comments need not be the provisions of NEPA and guidelines the proposal be implemented. solicited again from the same agencies developed by the CEQ and the Office of 4. Alternatives to the proposed action. unless there are pertinent and significant Management and Budget (O M B). Draft (Section 102(2) (D ) of the Act requires changes in the project proposal. environmental statements shall be cir­ the responsible agency to “study, develop (6) Utilization of comments. Com­ culated for comment to Federal agencies and describe appropriate alternatives to ments received under subparagraphs (4) as required by CEQ guidelines and to recommend courses of action in any pro­ and (5) shall accompany the draft en­ State and local agencies as required by posal which involves unresolved conflicts vironmental statement through the proj­ OMB Circular No. A-95 Revised. Final concerning alternative uses of available ect or program review process. environmental statements shall be com­ resources.” Alternative actions that (7) Final statements. Draft state­ pleted prior to LEAA commitment or might avoid some or all of the adverse ments shall be revised, as appropriate, to decision, and shall accompany the pro­ environmental effects or increase bene­ reflect comments received or other con­ posed action through LEAA review and ficial effects should be set forth and siderations before being put into final decision processes. LEAA decisions and analyzed.) form for approval of the Administrator. actions shall reflect these environmental 5. The relationship between local (8) Availability of statements. The statements and public comments in im­ short-term uses of man’s environment Administration is responsible for trans­ proved actions which lessen or avoid and the maintenance and enhancement mitting 10 copies of each statement to the adverse environmental consequences of long-term productivity. This in es­ CEQ, which transmittal shall be deemed wherever feasible and appropriate. LEAA sence requires the agency to assess the transmittal to the President. The Ad­ officials will comment as appropriate on action for cumulative and long-term ef­ ministration is also responsible for mak­ draft environmental statements referred fects from the perspective that each ing draft and final statements and com­ by other agencies. generation is trustee of the environment ments available to the public as provided c. Actions on which environmental for succeeding generations. for in CEQ Guidelines § 10 (b) and (e). statements are required. (1) The con­ 6. Any irreversible and irretrievable b. LEAA Administrative Action. No ad­ struction, renovation, or modification of commitments of resources which would ministrative action concerning the grant facilities. be involved in the proposed action is to be taken sooner than 90 days after should it be implemented. This requires (2) The implementation of programs the availability of the draft statement the agency to identify the extent to involving the use of herbicides and and 30 days after the availability of the which the action curtails the range of pesticides. final statement (these periods may run beneficial uses of the environment. concurrently). Where there are overrid­ (3) Other actions determined by the 7. Where appropriate, a discussion of Assistant Administrators to possibly have ing considerations of increased cost or problems and objections raised by other emergency circumstances, the respon­ a significant effect on the quality of the Federal agencies, State and local en­ environment. sible official shall consult with the CEQ tities, and citizens in the review process, about alternative arrangements. 6. Action— a. Preparation and process­and the disposition of the issues involved. ing of environmental statements for non- (This section may be added at the end J e r r is L e o n a r d , block grants and other Federal actions. of the review process in the final text Administrator. (1) Environmental statements and of the environmental statement.) R ic h a r d W. V e l d e , negative declarations. Any application - (4) State or local review, (a) Dis­ Associate Administrator. for a grant or other Federal action to cretionary grant applications and envi­ which this instruction applies will in­ ronmental statements must be submitted C l a r e n c e M . C o s t e r , clude either a draft environmental state­ to State, regional and local clearing­ Associate Administrator. ment as required by section 102(2) (c) of houses for review and comment as re­ A ppendix 1— F ederal A gencies W it h Juris­ NEPA or a declaration that the proposed quired by OMB Circular No. A-95. d ictio n by L a w or Special Expertise To action will not have a significant impact (b) Where no public hearing has been Co m m e n t o n V arious T ypes op Environ­ m e n t a l I mpacts on the environment. Before accepting a held on other proposed actions and negative declaration LEAA officials shall where review of the proposed action by AIR review the grant application and apply State and local agencies authorized to Air Quality and Air Pollution Control guidelines set forth above to verify that develop and enforce environmental an environmental statement is not nec­ standards is relevant, their comments on Department of Agriculture— the draft environmental statement may Forest Service (effects on vegetation). essary. Department of Health, Education, and Wel­ (2) Preparation of statements. Draft be obtained directly or by publication of fare (Health aspects). statements shall be prepared at the ear­ a summary notice in the F e d e r a l R e g ­ Environmental Protection Agency— liest practicable point in time. They shall is t e r (with a copy of the environmental A ir Pollution Control Office. be prepared early enough in the process statement and comments of Federal Department of the Interior— so that the analysis of the environmental agencies thereon to be supplied on re­ Bureau of Mines (fossil and gaseous fuel quest). The notice in the F e d e r a l R e g ­ combustion). effects and the exploration of alterna­ Bureau of Sport Fisheries and Wildlife tives with respect thereto may be a sig­ is t e r may specify that comments of the relevant State and local agencies must (wildlife). nificant part of the decision-making Department of Transportation— process of the Administration. ( be submitted within a specified period Assistant Secretary for Systems Develop­ of time from the date of publication of (3) Form and content of statement. ment and Technology (auto emissions). the notice, but not less than 30 days. Coast Guard (vessel emissions). (a) Each statement will be headed as (5) Comments of Federal agencies. Federal Aviation Adm inistration (aircraft follows: After, or simultaneously with, obtaining emissions). D e p a r t m e n t o p J u s t ic e State and local review, the Administra­ Weather Modification LAW ENFORCEMENT ASSISTANCE ADMINISTRATION tion shall circulate the draft environ­ mental statement for comment by all Department of Commerce— (Draft) Environmental Impact Statement National Oceanic and Atmospheric Ad­ Federal agencies which have jurisdiction ministration. Pursuant to Section 102(2) (C), Public Law by law or special expertise with respect 91-190. Department of Defense— to the environmental impact involved, Department of the Air Force. (b) Each statement will, at a mini­ and to the Council on Environmental Department of the Interior— mum, contain sections corresponding to Quality. A list of Federal agencies and Bureau of Reclamation.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 NOTICES 20615

ENERGY Department of Health, Education, and Wel­ Departm ent o f the Interior— fare— B u reau o f Lan d M anagem ent. Environmental Aspects of Electric Energy Office of the Surgeon General (Health N ation al Park Service. Generation and Transmission asp ects). B u reau of Outdoor Recreation. Atomic Energy Commission (nuclear power). Department of Transportation— Bureau of Sport Fisheries and Wildlife. Environmental Protection Agency— Federal Highway Administration Bureau of Department of Defense— Water Q uality Office. Motor Carrier Safety. Arm y Corps of Engineers. Air Pollution Control Office. Coast Guard. Department of Housing and Urban Develop­ Department o f Agriculture— Federal Railroad Administration. ment (urban areas). Rural Electrification Administration (rural Federal Aviation Administration. Soil and Plant Life, Sedimentation, Erosion areas). , Assistant Secretary for Systems Develop­ and Hydrologic Conditions Department of Defense— ment and Technology. Army Corps of Engineers (hydro-facilities). Office of Hazardous Materials. Department of Agriculture— Federal Power Commission (hydro-facilities Office of Pipeline Safety. Soil Conservation Service. and transmission lines). Environmental Protection Agency (hazardous Agricultural Research Service. Department of Housing and Urban Develop­ substances). Forest Service. ment (urban areas). Atomic Energy Commission (radioactive Department of Defense— Department of the Interior— (facilities on substances). Army Corps of Engineers, (dredging, kquat- Government lands). ic plants). LAND USE AND MANAGEMENT Department of Commerce— Natural Gas Energy Development, Coastal Areas: Wetlands, Estuaries, Water- National Oceanic and Atmospheric Admin­ Transmission and Generation fowl Refuges, and Beaches istration. Federal Power Commission (natural gas pro­ Departm ent o f the Interior*— Department of Agriculture— duction, transmission and supply). Bureau of Land Management. Forest Service. Department of the Interior— B u reau o f Sport Fisheries and W ildlife. Department of Commerce— Geological Survey. Geological Survey. National Marine Fisheries Service (impact Bureau of Mines. Bureau of Reclamation. on marine life). HAZARDOUS SUBSTANCES National Oceanic and Atmospheric Admin­ NOISE istration (impact on marine life). Toxic Materials Noise Control and Abatement Department of Transportation— Department of Commerce— Coast Guard (bridges, navigation). Department of Health, Education, and Wel­ fare (Health aspects). National Oceanic and Atmospheric Admin­ D epartm ent o f Defense— Department of Commerce— istration. Army Corps of Engineers (beaches, dredge National Bureau of Standards. Department of Health, Education, and Wel­ and fill permits, Refuse Act perm its). Departm ent o f Transportation— fare (Health aspects). Department of the Interior— Environmental Protection Agency. Assistant Secretary for Systems Develop­ Bureau of Sport Fisheries and Wildlife. ment and Technology. Department o f Agriculture— National Park Service. Agricultural Research Service. Federal Aviation Administration (Office of U.S. Geological Survey (coastal geology). Noise Abatement). Consumer and Marketing Service. Bureau of Outdoor Recreation (beaches). Department of Defense. Environmental Protection Agency (Office of Department of Agriculture— Department of the Interior— N o is e ). Soil Conservation Service (soil stability, Bureau of Sport Fisheries and Wildlife. Department of Housing and Urban Develop­ hydrology). ment (urban land use aspects, building Pesticides Environmental Protection Agency—- materials standards). W ater Q uality Office. Department of Agriculture— PHYSIOLOGICAL HEALTH AND HUMAN WELL Agricultural Research Service (biological Historic and Archeological Sites BEING controls, food and fiber production). Consumer and Marketing Service. Department of the Interior— Chemical Contamination of Food Products National Park Service. Forest Service. Department of Agriculture— Advisory Council on Historic Preservation. Department of Commerce— Consumer and Marketing Service. Department of Housing and Urban Devel­ National Marine Fisheries Service. Department of Health, Education, and Wel­ opment (urban areas). National Oceanic and Atmospheric Admin­ fare (Health aspects). istration. Flood Plains and Watersheds Environmental Protection Agency— Environmental Protection Agency— Office o f Pesticides (econom ic p o is o n s). Office of Pesticides. Departm ent of Agriculture— Department of the Interior— Agricultural Stabilization and Research Food Additives and Food Sanitation Service. Bureau of Sport Fisheries and Wildlife* Department of Health, Education, and Wel­ (effects on fish and w ildlife). Soil Conservation Service. Forest Service. fare (Health aspects). Bureau of Land Management. Environmental Protection Agency— Department of the Interior— Department of Health, Education, and Wel­ Office of Pesticides (economic poisons, e.g., B u reau o f O utdoor Recreation. fare (Health aspects). pesticide residues). Bureau of Reclamation. Department of Agriculture— Herbicides Bureau of Sport Fisheries and Wildlife. Consumer Marketing Service (meat and Bureau of Land Measurement. Department of Agriculture— poultry products). Agricultural Research Service. U.S. Geological Survey. Forest Service. Department of Housing and Urban Develop­ Microbiological Contamination Environmental Protection Agency— ment (urban areas). Department of Health, Education, and Wel­ Office of Pesticides. Department of Defense— fare (Health aspects). Department of Health, Education, and Wel­ A rm y Corps o f Engineers. fare (Health aspects). Radiation and Radiological Health • Mineral Land Reclamation Department of the Interior— Department of Commerce— Bureau of Sport Fisheries and Wildlife. Appalachian Regional Commission. National Bureau of Standards. Bureau of Land Management. Department of Agriculture— Atomic Energy Commission. Bureau of Reclamation. Forest Service. Environmental Protection Agency— transportation and Handling of Hazardous Department of the Interior— Office of Radiation. Materials B u reau of Mines. Departm ent o f the I n t e r i o r - B u reau of Outdoor Recreation. Bureau of Mines (uranium mines). Department of Commerce— Bureau of Sport Fisheries and Wildlife. Maritime Administration. Bureau of Land Management. Sanitation and Waste Systems National Marine Fisheries Service. U.S. Geological Survey. Department of Health, Education, and Wel­ National Oceanic and Atmospheric Admin* Tennessee Valley Authority. fare— (Health aspects). istration (impact on marine life). Department of Defense— Parks, Forests, and Outdoor Recreation Department of Defense— Army Corps of Engineers. Armed Services Explosive Safety Board. Departm ent o f Agriculture— Environmental Protection Agency— Army Corps of Engineers (navigable water­ Forest Service. Solid W aste Office. ways) . Soil Conservation Service. W ater Q uality Office.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20616 NOTICES

Department of Transportation— WATER DEPARTMENT OF COMMERCE U.S. Coast Guard (ship sanitation). Water Quality and Water Pollution Control Dr. Sydney R. Galler, Deputy Assistant Sec­ Departm ent of the Interior— « Department of Agriculture— retary for Environmental Affairs, Washing­ Bureau of Mines (mineral waste and re- ton, D.C. 20230, -967-4335. - cycling, mine acid wastes, urban solid Soil Conservation Service. w a ste s). Forest Service. DEPARTMENT OF DEFENSE Bureau of Land Management (solid wastes Department of the Interior— Bureau of Reclamation. Dr. Louis M. Rousselot, Assistant Secretary on public la n d s ). for Defense (Health and Environment), Office of Saline Water (demineralization of Bureau of Land Management. Room 3E172, The Pentagon, Washington, liquid wastes). B u reau of Sport Fisheries and W ildlife. Bureau of Outdoor Recreation. D C 20301, 697-2111. Shellfish Sanitation Geological Survey. DELAWARE RIVER BASIN COMMISSION Office of Saline Water. Department of Commerce— Environmental Protection Agency— W. Brinton, Whitall, Secretary, Post Office National Marine Fisheries Service. Box 360, Trenton, N J 08603, 609-883-9500. National Oceanic and Atmospheric Admin­ W ater Q uality Office. Department of Health, Education, and Wel­ istration. ENVIRONMENTAL PROTECTION AGENCY fare (Health aspects). Department of Health, Education, and Wel­ Department of Defense— Charles Fabrikant, Director of Im pact State­ fare (Health aspects). Army Corps of Engineers. ments Office, 1626 K Street NW., Wash­ Environmental Protection Agency— Office of Department of the Navy (ship pollution ington, D C 20460, 632-7719. Water Quality. c o n tro l). FEDERAL POWER COMMISSION TRANSPORTATION Department of Transportation— Coast Guard (oil spills, ship sanitation)._ Frederick H. Warren, Commission’s Advise» Air Quality Department of Commerce— on Environm ental Q uality, 441 G Street Environmental Protection Agency— National Oceanic and Atmospheric Ad­ N W ., W ashington, D C 20426, 386-6084. ministration. A ir Pollution Control Office. GENERAL SERVICES ADMINISTRATION Department of Transportation— Marine Pollution Federal Aviation Administration. Rod Kreger, Deputy Administrator, General Department of the Interior— Department of Commerce— Services Administration-AD, Washington, Bureau of Outdoor Recreation. National Oceanic and Atmospheric Ad­ D.C. 20405, 343-6077. Bureau of Sport Fisheries and Wildlife. ministration. Alternate contact: Aaron W oloshin, Director, Department of Commerce— Department of Transportation— Office of Environm ental Affairs, General National Oceanic and Atmospheric Admin­ Coast Guard. Services Administration-ADF, 343-4161. istration (meteorological conditions). Department of Defense— DEPARTMENT OF HEALTH, EDUCATION, AND Army Corps of Engineers. Water Quality WELFARE Office of Oceanographer of the Navy. Environmental Protection Agency— Roger O. Egeberg, Assistant Secretary for River and Canal Regulation and Stream Office of Water Quality. Health and Science Affairs, HEW North Channelization Department of the Interior— Building, Washington, D.C. 20202, 963-4254. Bureau of Sport Fisheries and Wildlife. Department of Agriculture— DEPARTMENT OF HOUSING AND URBAN Department of Commerce— Soil Conservation Service. DEVELOPMENT 1 National Oceanic and Atmospheric Admin­ Department of Defense— istration (impact on marine life and Army Corps of Engineers. Charles Orlebeke, D eputy U nder Secretary, ocean monitoring). Department of the Interior— 451 Seventh Street SW., Washington, DC Department of Defense— Bureau of Reclamation. 20410, 755-6960. Army Corps of Engineers. Geological Survey. Alternate contact: George Wright, Office of Department of Transportation— Bureau of Sport Fisheries and Wildlife. the D eputy U nd er Secretary, 755-8192. Coast Guard. Department of Transportation— URBAN Coast Guard. Congestion in Urban Areas, Housing and 1 Contact the Deputy Under Secretary with Building Displacement WILDLIFE regard to environmental impacts of legisla­ Department of Transportation— Environmental Protection Agency. tion, policy statements, program regulations Federal Highway Administration. Department of Agriculture— and procedures, and precedent-making proj­ Office of Economic Opportunity. Forest Service. ect decisions. For all other HUD consultation, Department of Housing and Urban Develop­ Soil Conservation Service. contact the HUD Regional Administra­ tor in whose jurisdiction the project lies, m ent. Department of the Interior— as Department of the Interior— Bureau of Sport Fisheries and Wildlife. follow s: Bureau of Outdoor Recreation. Bureau of Land Management. James J. Barry, Regional Administrator I, Bureau of Outdoor Recreation. Attention: Environmental- Clearance Of­ Environmental Effects With Special Impact ficer, Room 405, John F. Kennedy Federal in Low-Income Neighborhoods F ederal A gency Offices for R eceiving and Bu ilding, Boston, M A 02203, 617-223-4066. Coordinating Co m m e n t s U p o n En v ir o n ­ Department of the Interior— S. William Green, Regional Administrator II, m e n t a l I m pact Statem en ts National Park Service. Attention: Environmental Clearance Of­ Office of Economic Opportunity. ADVISORY COUNCIL ON HISTORIC PRESERVATION ficer, 26 Federal Plaza, New York, N Y 10007, Department of Housing and Urban Develop­ Robert Garvey, Executive Director, Suite 618, 212-264-8068. Warren P. Phelan, Regional Administrator ment (urban areas). 801 19th Street NW., Washington, DC III, Attention: Environmental Clearance Department of Commerce (economic devel­ 20006, 343-8607. opment areas). Officer, Curtis Building, Sixth and Walnut Economic Development Administration. DEPARTMENT OF AGRICULTURE Street, Philadelphia, P A 19106, 215-597- Department of Transportation— Dr. T. C. Byerly, Office of the Secretary, 2560. Urban Mass Transportation Administra­ Washington, d .C. 20250, 388-7803. Edward H. Baxter, Regional Administrator tion. VI, Attention: Environmental Clearance Rodent Control APPALACHIAN REGIONAL COMMISSION Officer, Peachtree-Seventh Building, At­ Orville H. Lerch, Alternate Federal Cochair­ lanta, G A 30323, 404-526-5585. Department of Health, Education, and Wel­ man, 1666 Connecticut Avenue NW., Wash­ George Vavoulis, Regional Administrator V, fare (Health aspects). ington, D C 20235, 967-4103. Attention: Environmental Clearance Offi­ Department of Housing and Urban Develop­ cer, 360 N orth M ichigan Avenue, Chicago, DEPARTMENT OF THE ARMY (CORPS OF ment (urban areas). IL 60601, 312-353-5680. ENGINEERS) Urban Planning Richard L. Morgan, Regional Administrator Col. J. B. Newman, Executive Director of VI, Attention: Environmental Clearance Department of Transportation— Civil Works, Office of the Chief of Engi­ Officer, Federal Officer Building, 819 Taylor neers, W ashington, D.C. 20314, 693-7168. Federal Highway Administration. Street, Fort -W orth, T X 76102, 817-334- Department of Housing and Urban Develop­ ATOMIC ENERGY COMMISSION 2867. m ent. Harry T. Morley, Jr., Regional Administrator Environmental Protection Agency. For nonregulatory matters: Joseph J. Di- VII, Attention: Environmental Clear­ Department of the Interior— Nunno, Director, Office of Environmental ance Officer, 911 Walnut Street, Geological Survey. Affairs, W ashington, D.C. 20645, 973-5391. Kansas Bureau of Outdoor Recreation. For regulatory matters: Christopher L. Hen­ City, M O 64106, 816-374-2661. Department of Commerce— derson, Assistant Director for Regulation, R obert C. Rosenheim , Regional Administrator Economic Development Administration. W ashington, D.C. 20545, 973-7531. vin , Attention: Environmental Clearance

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 NOTICES 20617

DEPARTMENT OP THE INTERIOR to persons, firms, and corporations en­ Bureau of Reclamation Jack O. Horton, Deputy Assistant Secretary gaged therein with respect to poultry, for Programs, Washington, D.C. 20240, 343- poultry products, and other articles sub­ NAVAJO PROJECT, ARIZ. 6181. ject to the Act. Upon the expiration of 30 Notice of Availability of Draft NATIONAL CAPITAL PLANNING COMMISSION days after publication of this notice in Environmental Statement the F e d e r a l R e g is t e r , the provisions of Charles H. Conrad, Executive Director, Wash­ sections 1-4, 6-10, and 12-22 of said Act ington, D.C. 20576, 382-1163. Notice is hereby given that a draft shall apply to intraterritorial operations of document entitled “Environmental OFFICE OF ECONOMIC OPPORTUNITY and transactions and to persons, firms, Statement, Navajo Project, dated Sep­ Prank Carlucd, Director, 1200 19th Street and corporations engaged therein, in the tember 1971, submitted in conformance NW., W ashington, DC 20506, 254-6000. Virgin Islands of the United States, to with section 102(2) (C ) of the National SUSQUEHANNA RIVER BASIN COMMISSION the same extent and in the same manner Environmental Policy Act of 1969” has as if such operations and transactions Alan J. Summerville, Water Resources Co­ been prepared as required by the act and ordinator, Department of Environmental were conducted in or for “commerce,” is being, placed for public examination in Resources, 105 South Office Building, Har­ within the meaning of the Act, and any offices of the Bureau of Reclamation in risburg, Pa. 17120, 717-787-2315. establishment in the Virgin Islands which Washington, D.C., and Boulder City, Nev. conducts any slaughtering of poultry or TENNESSEE VALLEY AUTHORITY Persons wishing to examine a copy of the processing of poultry products as de­ document may do so at either of the fol­ Dr. Francis Gartrell, Director of Environ­ scribed above must have Federal inspec­ lowing offices: mental Research and Development, 720 tion or cease its operations, unless it Edney Building, Chattanooga, Tenn. 37401, Office of Ecology, Bureau of Reclamation, 615-755-2002. qualifies for an exemption under sub­ Room 7620, Department of the Interior, C section 5(c) (2) or section 15 of the Act. Street between 18th and 19th Streets NW., DEPARTMENT OF TRANSPORTATION Therefore, the operator of each such Washington, DC 20240, telephone (202) 343- Herbert P. DeSimone, Assistant Secretary for establishment who desires to continue 4991. Environment and Urban Systems, Wash­ or commence such operations after desig­ Office of the Regional Director, Bureau of ington, D.C. 20590, 426-4563. nation of the Territory becomes effective Reclam ation, Post Office Box 427, N evada Highway and Park Street, Boulder City, NV DEPARTMENT OF TREASURY- should immediately communicate with 89005, telephone (702) 293-8560. Richard E. Slitor, Assistant Director, Office the Regional Director specified below: of Tax Analysis, Washington, D.C. 20220, Dr. N. B. Isom, Director, Southeastern Re­ Single copies of the draft statement 964-2797. gion for Meat and Poultry Inspection Pro­ may be obtained on request to either of the above offices. DEPARTMENT OF STATE gram , Room 216,1718 Peachtree Street N W ., A tlanta, G A 30309, Telephone: A C E l l i s L . A r m s t r o n g , Christian Herter, Jr., Special Assistant to the 404/526-3911. Secretary for Environmental Affairs, Wash­ Commissioner of Reclamation. ington, D.C. 20520, 632-7964. Done at Washington, D.C., on Octo­ O c t o b e r 5, 1971. ber 20, 1971. [PR Doc.71-15567 Filed 10-26-71;8:53 am] R ic h a r d E . L y n g , [FR Doc.71-15586 Filed 10-26-71;8:49 am] Assistant Secretary. [FR Doc.71-15564 Filed 10-26-71;8:54 am] Office of Hearings and Appeals DEPARTMENT OF AGRICULTURE [Docket No. M72-7] Consumer and Marketing Service DEPARTMENT OF THE INTERIOR IMPERIAL COAL CO. POULTRY INSPECTION Petition for Modification of Interim Bureau of Land Management Designation of Virgin Islands Under Mandatory Safety Standard [Serial No. Idaho 07977] Poultry Products Inspection Act In accordance with the provisions of The Secretary of Agriculture has de­ IDAHO section 301(c) of the Federal Coal Mine termined, after consultation with appro­ Notice of Partial Termination of Pro­ Health and Safety Act of 1969 (30 U.S.C. section 861(c) (Supp. V, 1970)), notice is priate officials of the Territory of the posed Withdrawal and Reservation Virgin Islands of the United States, that given that the Imperial Coal Co. has filed the Territory has not developed or acti­ of Lands an amendment to a petition to modify vated requirements at least equal to those O c t o b e r 18, 1971. the application of section 305(d) of the under sections 1-4, 6-10, and 12-22 of Notice of an application, Serial No. Act, 30 U.S.C. § 865(d) (Supp. V, 1970), the Poultry Products Inspection Act (21 1-07977, for withdrawal and reservation as it applies to its Eagle Mine (Docket No. U.S.C. 451 et seq.) with respect to estab­ of lands was published as F.R. Doc. No. M72-7) . Notice of the petition was pub­ lishments within such Territory at which 57-9804 of the issue for November 27, lished in the F e d e r a l R e g is t e r on Sep­ poultry are slaughtered, or poultry prod­ 1957. The applicant agency has canceled tember 15,1971,36 F.R. 18479. ucts are processed for use as human food, its application insofar as it involved the Section 305(d) provides as follows: solely for distribution within such Terri­ lands described below. Therefore, pursu­ (d) All power-connection points, except tory. Therefore, notice is hereby given ant to the regulations contained in 43 where permissible power connection units are that the Secretary of Agriculture desig­ CFR Part 2311, such lands will be at 10 used, outby the last open crosscut shall be in intake air. nates said Territory under section 5(c) a.m. on November 1,1971, relieved of the of the Poultry Products Inspection Act segregative effect of the above-mentioned The petitioner originally proposed to (21 U.S.C. 454(c)) as a jurisdiction in application. modify the application of section 305(d) which the requirements of sections 1-4, by providing that the trolley connection 6-10, and 12-22 shall apply to intraterri­ The lands involved in this notice of points in the mine shall be in the intake termination are: torial operations and transactions and air course “except for a relatively short P ayette N a t io n a l F orest distance where it enters the return air Officer, Sam sonite B u ilding, 1051 South Broadway, Denver, CO 80209, 303-837-4061. BOISE MERIDIAN, IDAHO course at the hoisting shaft, through Robert H. Baida, Regional Administrator IX, T. 19 N., R. 6 E„ automatic doors.” By the amendment the Attention: Environmental Clearance Offi­ Sec. 33, S E ^ S W ^ S W ^ , W ^ E ^ S W i/ 4 . petitioner proposes to further modify the cer, 450 G olden G ate Avenue, Post Office Box 36003, San Francisco, C A 94102, 415- The area described aggregates 50 acres. application of section 305(d) by provid­ 556-4752. R ic h a r d H. P e t r i e , ing that all of the following nonper- Oscar P. Pederson, Regional Administrator missible power-connection units should X, Attention: Environmental Clearance Chief, Officer, Room 226, Arcade P laza B uilding, Division of Technical Services, also remain in the return air course for Seattle, W A 98101, 206-583-5415. [FR Doc.71-15588 Filed 10-26-71;8:49 am] the same reasons stated in the petition:

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 No. 207------7 20618 NOTICES

Two transformers in the warmup shack date of publication of this notice in the list any person, firm, or corporation so at the bottom of the shaft; two switches in F e d e r a l R e g is t e r with the Office of Hear­ interested, or for the failure to mail the the shop; three switches in the warmup ings and Appeals, Hearings Division, U.S. requisite form or forms to any person, shack at the bottom of the shaft; one switch Department of the Interior, 6432 Federal firm, or corporation, whether or not such on the outside of the shop; one transformer in the shop; motor oh the grinder in the Building, Salt Lake City, Utah 84111. person, firm, or corporation is on such shop; approximately 1,700 feet of trolley Copies of the petition and the amend­ a list. The failure of any person, firm, wire; switchbox supplying power to the ment to the petition are available for or corporation to receive a requisite ap­ pumps at the bottom of return shaft; six inspection at that address. plication form or forms will not consti­ switches in the pumping station at the bot­ tute a basis for recommending waiver of E r n e s t F . H o m , tom of return shaft; four pump motors; and the timely filing requirements of Oil Im­ Acting ’Director, one transformer at the pumping station at port Regulation 1 (Revision 5), as Office of Hearings and Appeals. the bottom of the return shaft. amended. The petitioner’s statement of reasons O c t o b e r 12, 1971. R a l p h W . S n y d e r , Jr., was set forth in the notice previously pub­ [PR Doc.71-15577 Piled 10-26-71; 8:52 am] Acting Administrator, lished in the F e d e r a l R e g is t e r . Oil Import Administration. The parties interested in the petition as amended shall file their answers or Oil Import Administration O c t o b e r 21, 1971. comments and, if they wish a hearing, [B u lletin 3; Arndt.] [PR Doc.71-15624 Piled 10-22-71; 12:35 pm] their request for one, within 30 days . from the date of publication of this APPLICATIONS FOR OIL IMPORT notice in the F e d e r a l R e g is t e r with the ALLOCATIONS Office of the Secretary Office of Hearings and Appeals, Hearings Division, U.S. Department of the Inte­ Oil Import Bulletin No. 3 (34 F.R. ROBERT W. THOMAS, JR. rior, 6432 Federal Building, Salt Lake 14906) is hereby amended to read as Report of Appointment and Statement follows: City, Utah 84111. Copies of the petition, of Financial Interest and the amendment to the petition, are 1. Section 5 of Oil Import Regulation available for inspection at that address. 1 (Revision 5), as amended, requires that October 14, 1971. applications for allocations and licenses E r n e s t F . H o m , Pursuant to section 302(a) of Execu­ of imports of crude oil, unfinished oils, tive Order 10647, the following informa­ Acting Director, or finished products be filed not later Office of Hearings and Appeals. tion on a W OC appointee in the Depart­ than 60 days prior to the beginning of an ment of the Interior is furnished for pub­ O c t o b e r 12,1971. allocation period and subparagraph (2) lication in the F e d e r a l R e g is t e r : [PR Doc.71-15576 Piled 10-26-71;8:51 am] of paragraph (a) of section 25 of Oil Name of appointee: Robert W. Import Regulation 1 (Revision 5), as Thomas, Jr. amended, requires that applications for Name of employing agency: U.S. De­ [Docket No. M72-8] allocations of imports of crude oil and partment of the Interior, Office of Oil unfinished oils for new or reactivated IMPERIAL COAL CO. and Gas Emergency Petroleum and Gas refinery capacity and for petrochemical Administration. Petition for Modification of Interim plants based on estimated inputs be filed The title of the appointee’s position: Mandatory Safety Standard not later than 60 days prior to the Regional Administrator, Region 8. beginning of an allocation period. The name of the appointee’s private In accordance with the provisions of 2. Timely filing of applications under employer or employers: Standard Oil section 301(c) of the Federal Coal Mine section 5 or under section 25 of Oil Im ­ Company of California. Health and Safety Act of 1969 (30 U.S.C. port Regulation 1 (Revision 5), as The statement of “financial interests” v § 861(c) (Supp. V, 1970) ) notice is given amended, is deemed essential. Accord­ for the above appointee is set forth that the Imperial Coal Co. has filed an ingly, with respect to the allocation pe­ below. amendment to a petition to modify the riod beginning January 1,1972, and with R o g e r s C. B. M o r t o n , application of section 305(d) of the Act, respect to each allocation period there­ Secretary of the Interior. 30 U.S.C. § 865(d) (Supp. V, 1970) as it after, the Administrator will no longer applies to its Imperial Mine (Docket No. follow the practice, sometimes indulged A p p o i n t e e ’s S t a t e m e n t o f F in a n c ia l M 72-8). Notice of the petition was pub­ with respect to prior allocation periods, I n t e r e s t s lished in the F e d e r a l R e g is t e r on Sep­ of recommending the waiver of such In accordance with the requirements tember 15, 1971, 36 F.R. 18479. timely filing requirements. of section 302(b) of Executive Order Section 305(d) provides as follows: 3. As a matter of convenience to pro­ 10647, I am filing the following state­ (d) All power-connection points, except spective applicants, within approxi­ ment for publication in the F ederal where permissible power connection units mately 90 days prior to the beginning R e g is t e r : are used, outby the last open crosscut shall be of an allocation period, forms of appli­ (1) Names of any corporations of in intake air. cations for allocations and licenses will, which I am, or had been within 60 days The petitioner originally proposed to so far as practicable, be mailed to per­ preceding my appointment, on Septem­ modify the application of section 305 sons, firms, and corporations on a list ber 30, 1971, as Regional Administrator, (d) by providing that the trolley connec­ compiled by the Oil Import Administra­ Interior, Oil and Gas, Emergency Petro­ tion points shall be in the return air tion of persons, firms, or corporations leum and Gas Administration, an officer course. By the amendment the petitioner likely, in the judgment of the Adminis­ or director: trator, to be interested in filing applica­ proposes to further modify the applica­ None. tion of section 305(d) by providing that tions for allocations and licenses of all pump and pump connections should imports of crude oil, unfinished oils, or (2) Names of any corporations in also remain in the return air course. Pe­ finished products or applications for al­ which I own, or did own within 60 days titioner states that if the pump and pump locations of crude and unfinished oils preceding my appointment, any stocks, connections do not remain in the return for new or reactivated refinery capacity bonds, or other financial interests: air course, the water lines and pumps or petrochemical plants based upon esti­ Standard Oil Company of California. will freeze during cold weather and the mated inputs. The compilation of the Columbia Corp. list above described is not to be con­ employees would be subjected to a more (3) Names of any partnerships in strued as a representation that the same hazardous condition. which I am associated, or had been asso­ is complete and neither the United States Parties interested in the petition as ciated within 60 days preceding my amended shall file their answers or com­ nor its officers or employees assume re­ appointment: ments and, if they wish a hearing, their sponsibility or liability for the failure, request for one, within 30 days from the negligent or otherwise, to include in such None.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 NOTICES 20619

evidence that the effectiveness of gonado­ (4) Names of any other businesses NDA Drag name Applicant’s name which I own, or owned within 60 days and address tropins of animal origin is sufficient to preceding my appointment: justify their use in view of their known hazards. 11-594 Formula 99 Hexachloro- Armour Pharm. None. phene Plus Powdered Co., Ill East The Commissioner announced his in­ R. W. T homas, Jr. Hand Soap (hexachloro- Wacker Dr., phene and trichloro- Post Office Box tentions to initiate proceedings to with­ October 11,1971. carbanilide). 1022, Chicago, draw approval of the above new-drug 111. 60690. application and all other new-drug appli­ (FB Doc.71-15581 Filed 10-26-71;8 :52 am ] 11-595 Formula 99 Hexachloro- Armour Pharm. phene Plus Powdered Co., Ill East cations for drugs which contain gonado­ Hand Soap with Borax Wacker Dr., tropins of animal origin for parenteral (hexachlorophene and Post Office Box trichlorocarbanilide). 1022, Chicago, use in man. The holder of the new-drug 111. 60690. application and any interested person Breon Laborato­ DEPARTMENT OF HEALTH, 11-809 Ducobee Depot Injection who may be adversely affected by the (vitamin B12 ). ries Inc., 90 Park Ave., New removal of such preparations from the York, New EDUCATION, AND WELFARE York 10016. market were invited to submit any perti­ Food and Drug Administration 12-162 Tussene Cough Syrup L. Perrigo Co., nent data bearing on the proposal within (carbetapentane citrate, Allegan, Michi­ 30 days after publication of said notice in pyrilamine maleate, gan 49010. [Docket No. FDC-D-387; NDA No. 1-704, etc.] phenylephrine hydro­ the F ederal R egister. chloride and ammonium In a letter dated June 11, 1971, Ayerst ORGANON, INC., ET AL. chloride). •12-260 Ditriokon Sterile Solution Mallinckrodt Laboratories, Division of American Home New-Drug Applications; Notice of (sodium diatrizoate, Chemical W orks, Products Corp., 685 Third Avenue, New sodium diprotrizoate). Pharmaceutical Withdrawal of Approval Division, Box York, N.Y. 10017, submitted information 5439, 3600 North concerning Equinex (serum gonadotro­ The following firms, listed with their Second St., St. Louis, Mo. 63160. pin) marketed by that firm. Equinex is addresses, respective drugs, and new- not the subject of a new-drug application. drug application number, have discon­ The information submitted was reviewed Therefore, pursuant to provisions of tinued marketing of said products and and concluded to be inadequate to estab­ the Federal Food, Drug, and Cosmetic Act lish the safety and effectiveness of such requested withdrawal of approval of the (sec. 505(e), 52 Stat. 1053 as amended, new-drug applications, thereby waiving preparations. There were no other re­ 21 U.S.C. 355(e)) and under authority sponses to the announcement. opportunity for hearing. delegated to the Commissioner of Food and Drugs (21 CFR 2.120), approval of Therefore, notice is hereby given to Parke, Davis & Co. and to any interested NDA Drug name Applicant’s name new-drug applications Nos. 1-704, 7-^747, and address 7-913, 9-150, 9-204, 9-281, 9-465, 10-129, person who may be adversely affected, 10- 404, 10-537, 10-642, 11-594, 11-595, that the Commissioner proposes to issue 1-704 Progestoral Tablets Organon Inc., 11- 809, 12-162, and 12-260 including all an order under section 505(e) withdraw­ (pregneninolone) 375 Mount amendments and supplements thereto, ing approval of new-drug application No. Pleasant Ave., 5-590 for Synapoidin Steri-Vials and all West Orange, are hereby withdrawn on the grounds N.J. 07052. that certain reports of experience with amendments and supplements thereto on 7-747 Corticotropin Injection Wilson Labora­ the grounds that: (1) New evidence of and Solution for Injec­ tories, 4221 South the drug required under section 505(j) tion (corticotropin) Western Blvd., of the Act (21 U.S.C. 355(j)) and clinical experience, not contained in the Chicago, 111. application or not available until after 60609. §§ 130.13 and 130.35 (e) and (f) of the 7- 913 Cortone Acetate Ophthal­ Merck Sharp & new-drug regulations (21 CFR 130.13 and the application was approved, evaluated together with the evidence available mic Ointment and Dohme, Divi­ 130.35) have not been submitted. Suspension (cortisone sion Merck & when the application was approved, re­ acetate) Co., Inc., West This order shall become effective on Point, Pa. 19486. veals that the drug is not shown to be 8- 150 Ah ten Coated Tablets Lemmon Phar- its date of publication in the F ederal safe for use under the conditions of use (rauwolfla serpentina) macal Co., R egister (10-27-71). Temple Ave., upon the basis of which the application Sellersville, Dated: October 14, 1971. was approved. The use of gonadotropins Pa. 18960. of animal origin entails the risk of elicit­ 0-204 Rauwistan Tablets The J. B. Williams Sam D. F ine, (rauwolfla serpentina) Co., Inc., ing the formation of antibodies to their 767 Fifth Ave., Associate Commissioner animal protein content so that allergic New York, New for Compliance. York 10022. reactions may be produced by their use. 9- 281 Topical Lotion Hydro- Merck Sharp & [FR Doc.71-15467 Filed 10-26-71;8:45 am] Other drugs are available which are of cortone (hydrocortisone) Dohme, Divi­ sion Merck & equivalent benefit and involve less risk; Co., Inc., West and (2) new information, evaluated to­ Point, Pa. 19486. [Docket No. FDC-D-380; NDA No. 5-590] 9- 465 Suspension Hydrocortone Merck Sharp & gether with the evidence available to him T.B.A. (hydrocortisone Dohme, Divi­ PARKE, DAVIS & CO. when the application was approved, tertiary-butylacetate). sion Merck & shows there is a lack of substantial evi­ Go., Inc., West Point, Pa. 19486. Synapoidin Steri-Vial; Notice of Op­ dence that the drug will have the effect it 10- Veretensul 129 R-S Tablets Richlyn Labora­ purports or is represented to have under (rauwolfla serpentina, tories 3725 Cas­ portunity for Hearing on Proposal phénobarbital, aconite, tor Ave., Phila­ To Withdraw Approval of New- the conditions of use prescribed, recom­ veratrum viride, potas­ delphia, Pa. mended, or suggested in its labeling. sium bicarbonate, po­ 19124. Drug Application tassium nitrate). In accordance with the provisions of 10-404 Scopolamine Methyl Bro­ Richlyn Labora­ In a notice (DESI 5590) published in section 505 of the act (21 U.S.C. 355) and mide Prolongsules and tories 3725 Cas­ the F ederal R egister of April 29, 1971 Scopolamine Methyl tor Ave., Phila­ the regulations promulgated thereunder Bromide with Phéno­ delphia, Pa. (36 F.R. 8072), the Commissioner of Food (21 CFR Part 130), the Commissioner barbital Prolongsules 19124. and Drugs announced his conclusions (methscopolamine bro­ will give the applicant, and any inter­ mide). pursuant to evaluation of reports received ested person who would be adversely af­ 10-537 Tempogen'and Tempogen Merck Sharp & from the National Academy of Sciences- fected by an order withdrawing such ap­ Forte Tablets (predniso­ Dohme, Divi­ lone, sodium ascorbate, sion Merck & National Research Council, Drug Efficacy proval, an opportunity for a hearing to aspirin, aluminum hy­ Co., Inc., West show why approval of the new-drug ap­ droxide). Point, Pa. 19486. Study Group, on Synapoidin Steri-Vial, 10-642 Thixokon Solution (so­ Mallinckrodt containing pituitary-chorionic gonado­ plication should not be withdrawn. Any dium acetrizoate). Chemical related drug for human use not the sub­ Works, Pharma­ tropins; Parke, Davis & Co., Joseph Cam- ceutical Divi­ ject of an approved new-drug applica­ sion, 3600 North pau Avenue at the River, Detroit, Mich. tion, may be affected by this action. Second St., Box 48232 (ND A 5-590). The announcement 5439, St. Louis, Within 30 days after publication hereof Mo. 63160. stated that there is a lack of substantial in the Federal R egister, such persons are

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20620 NOTICES

required to file with the Hearing Clerk, Office of the Secretary B. Office of Regional Coordination Department of Health, Education, and coordinates the regional implementation Welfare, Room 6-88, 5600 Fishers Lane, OFFICE OF DEPUTY ASSISTANT SECRE­ of Department policies and systems; pro­ Rockville, Maryland 20852, a written ap­ TARY FOR FIELD MANAGEMENT vides a focal point for Washington liai­ pearance electing whether: Statement of Organization, Functions, son with the Office of the Regional Direc­ 1. To avail themselves of the oppor­ tors; maintains effective levels of re­ tunity for a hearing; or and Delegations of Authority gional coordination, integration and 2. Not to avail themselves of the op­ Part I of the Statement of Organiza­ administration; coordinates the defini­ portunity for a hearing. tion, Functions, and Delegations of Au­ tion, planning implementation, and eval­ If such persons elect not to avail them­ thority for the Department of Health, uation of regional priorities in conso­ selves of the opportunity for a hearing, Education, and Welfare, is amended to nance with the priorities of the Depart­ the Commissioner without further notice add a new chapter ILIO as follows: ment; counsels with Regional Directors’ will enter a final order withdrawing ap­ Section 1L10.00 Mission. The Deputy offices and other offices of the Depart­ proval of the new-drug application. Assistant- Secretary for Field Manage­ ment on regional matters; promotes and Failure of such persons to file a written ment serves the Secretary and the As­ designs regional involvement in the sys­ appearance of election within said 30 sistant Secretary for Community and tem development activities of the De­ days will be construed as an election by Field Services in the development and partment; ensures an effective flow of such persons not to avail themselves of execution of policies and priorities re­ information on policy, program, man­ the opportunity for a hearing. lated to heightening in a general man­ agement and operations matters between The hearing, contemplated by this no­ ner the Department’s awareness of and the regional offices and Washington. tice will be open to the public except that strengthening its capability to serve the B—1. Regional Operations Division any portion of the hearing that concerns needs of communities and individuals maintains a regional desk in support of a method or process the Commissioner which are or ought to be affected by De­ each of the H EW regional offices; pro­ finds entitled to protection as a trade partmental activities and organizing vides continued interaction with the re­ secret will not be open to the public, un­ and managing the H EW regional oper­ gional offices to remain apprised of their less the respondent specifies otherwise in ations in such a way as to increase the operational needs and, to inform, guide, his appearance. Department’s effectiveness. and assist them in the implementation If such persons elect to avail them­ Section ILIO.10 Organization. The of the Department’s priorities, policies, selves of the opportunity for a hearing, Deputy Assistant Secretary for Field and programs; interacts with other of­ they must file, within 30 days after pub­ Management reports directly to the As­ fices of the Department to be knowl­ lication of this notice in the Federal R eg­ sistant Secretary for Community and edgeable of directions and developments ister, a written appearance requesting Field Services. The Office of the Deputy and to be able to interpret them for the hearing, giving the reasons why ap­ Assistant Secretary for Field Manage­ specific regional operations; sponsors the proval of the new-drug application ment consists of : necessary involvement of individual re­ should not be withdrawn, together with A. Office of Management Services. gional operations in Departmental devel­ a well-organized and full-factual anal­ B. Office of Regional Coordination: opment activities; participates with the ysis of the clinical and other investiga­ B—1. Regional Operations Division. regional offices in problem and priority tional data they are prepared to prove B-2T Operational Systems Division. definition and in the development, im­ in support of their opposition. A request C. Office of Community Development: plementation, and evaluation, of objec­ for a hearing may not rest upon mere C -l. Program Development Division. tives, strategies, and plans to address allegations or denials, but must set forth C-2. Policy Development Division. them, including acting as the regional specific facts showing that genuine and Sec. 1L10.20 Functions. The Office of advocate in negotiations with other substantial issue of fact requires a hear­ the Deputy Assistant Secretary for Field Departmental functions. ing. When it clearly appears from the Management directs and promotes de­ B-2. Operational Systems Division data in the application and from the rea­ velopment, execution, and evaluation of leads and coordinates the regional appli­ sons and factual analysis in the request policies, priorities, plans, and systems for cation of systems for planning, informa­ for the hearing that no genuine and sub­ strengthening the Department’s re­ tion, and evaluation; provides technical stantial issue of fact precludes the with­ sponsiveness to communities and for assistance to regional operations in sys­ drawal of approval of the application, the organizing and managing the HEW tem applications; participates, as the Commissioner will enter an order on regional operations; ensures field at­ field component, in the development and these data, making findings and conclu­ tention to Departmental priorities; ad­ improvement of the Department’s plan­ sions on such dqta. vises the Department on the conduct ning and management systems; develops If a hearing is requested and justified and effect of its operations in the field; procedures and methodologies for guid­ by the response to this notice, the issues evaluates regional performance; serves ing and interpreting regional implemen­ will be defined, a hearing examiner will as the primary contact for other Fed­ tation of planning and management sys­ be named, and he shall issue, as soon as eral offices on matters relating to H EW tems; coordinates, develops and guides practicable after the expiration of such field operations. Specifically the func­ systems, and techniques for regional and 30 days, a written notice of the time and tions of the principal component are: intergovernmental information flow; place at which the hearing will com­ A. Office of Management Servicesmonitors and evaluates the effectiveness mence (35 F.R. 7250, May 8, 1970; 35 F.R. supports the Office of Field Management of the operational systems as they may 16631, Oct. 27,1970). in personnel, financial management, of­ be or are applied to regional operations. Received requests for a hearing and/or fice services, and administrative matters, elections not to request a hearing may be C. Office of Community Development develops and monitors the operating seen in the office of the Hearing Clerk develops policies and procedures for im­ budgets for the Office of Field Manage­ (address given' above) during regular proving the responsiveness of the De­ ment and the Offices of the Regional business hours, Monday through Friday. partment to the needs of communities, Directors; assists the regional offices in for services, direction, and guidance in This notice is issued pursuant to pro­ management activities through direct their programs for people; leads efforts visions of the Federal Food, Drug, and technical assistance and through liaison to broaden services and assistance for Cosmetic Act (sec. 505, 52 Stat. 1052-53, with other management offices in the community and regional development; as amended; 21 U.S.C. 355) and under Department; conducts or participates in coordinates Department activities for authority delegated to the Commissioner the studies for improving the Depart­ community development with those of (21CFR 3.120). ment’s administrative procedures and other Federal Agencies ; coordinates Dated: October 13,1971. processes; coordinates the field imple­ H EW program efforts so that they have mentation of new and improved ad­ a major impact on dealing with com­ Sam D. Fin e , ministrative procedures and processes; Associate Commissioner munity problems as a whole; provides evaluates the effectiveness of adminis­ regional and community development for Compliance. trative procedures and processes for strategy for the Departmental perform­ [FR Doc.71-15563 Filed 10-26-71;8:49 ami field management. ance and program priorities; provides a

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 NOTICES 20621

focal point for regional interaction with ing thereto an addendum, providing ments of other applicable provisions of HEW agency and program offices; ad­ that, notwithstanding the other provi­ Appendix D pertaining to environmental vises the Department on its role in inter­ sions of Appendix D, in a proceeding on matters have not been met, to make a governmental relations, particularly as an application for a facility operating motion, pursuant to 10 CFR 50.57(c) for it regards general purpose government license for which a notice of hearing was the issuance of a license authorizing the elements and representative public inter­ issued on or before December 4,1970, and loading of fuel in the reactor core and est groups. for which a full power operating license limited operation within the scope of C-l. Program Development Division has not been issued as of the effective § 50.57(c). maintains a functional interface with the date of the addendum: The atomic safety and licensing board program operations of the H EW agen­ 1. A hearing will be held to consider may grant such a motion upon finding cies; through this relationship, identifies the environmental impact of the facility that the proposed licensing action will and interprets program directions and in accordance with NEPA, such hearing not have a significant, adverse impact on opportunities for the field and promotes and actions preliminary thereto required the environment and upon satisfaction and ensures a responsiveness to com­ to comply with NEPA to be undertaken of the requirements of § 50.57(c). It is munity needs in the agency’s program and completed promptly in accordance also provided that, under other circum­ development; devises strategies for the with such orders as the Commission shall stances where limited operation may be regional application of the Department’s issue with respect to such proceeding. warranted during the period of ongoing program priorities, develops methods for 2. The fact that a hearing on environ­ NEPA review, consistent with appropri­ program application and coordination to mental issues is to be held will not be ate regard for environmental values, the better serve community needs; evaluates cause for delaying the completion of any board may, upon satisfaction of the re­ the effect of program application at the hearing now in progress on issues speci­ quirements of § 50.57 (a) grant a motion community level; provides program re­ fied in a notice of hearing published prior for authorization to operate at less than lated technical assistance to the field; to December 4, 1970. Upon completion of full power after consideration and bal­ determines and assesses program support such hearing, the atomic safety and li­ ancing on the record of certain specified to Model Cities; coordinates H EW com­ censing board is authorized and directed factors. Operation beyond 20 percent of munity oriented program development to issue an initial decision with respect full power, however, may not be author­ with other Federal departments. to such issues and, if its findings so war­ ized except upon specific prior approval C-2. Policy Development Division de­ rant, to authorize the issuance of an of the Commissioners. (The provisions velops, promotes, and coordinates De­ operating license. If the hearing on en­ of § 50.57 (c) apply to the resolution of partmental policies and processes in vironmental issues has not been com­ objections by any opposing party and the support of community development at pleted at that time, the license shall be making of findings pursuant to that sec­ the region, State, and local levels, par­ issued with a condition that it is sub­ tion.) Any license so issued will be with­ ticularly as it relates to intergovern­ ject to continuance, suspension, modifi­ out prejudice to subsequent licensing ac­ mental relations, services integration, cation or revocation based on the out­ tion that may be taken by the Commis­ citizen participation, and regionalization come of the environmental hearing, and sion with regard to the environmental and generally as it relates to the imple­ shall expire 1 year from the date of is­ aspects of the facility and any license mentation of the Department’s perform­ suance if at that time the environmental issued will be conditioned to that effect. ance priorities; provides technical as­ hearing and related procedures have not sistance and training to the field in been completed and an initial decision The Commission believes that the re­ application and interpretation of policy with respect to environmental matters cent revision of Appendix D of 10 CFR and processes; maintains liaison with has not yet been issued, provided that, in Part 50 deals appropriately with the pro­ other Federal departments and with pub­ such event, the Commission may grant ceedings that are the subject of the in­ lic interest groups on relevant policy de­ one or more extensions of the license stant petition, albeit in a manner some­ velopments; evaluates the effects of upon good cause shown. what different from that suggested by Departmental policy in improving com­ A supplemental affidavit in support of the petitioner. Furthermore, it should be munity development. the petition for rule making was filed on noted that the notice of rule making pub­ August 25,1971. lished on September 9, 1971 invited the Dated: October 18,1971. submission of comments and suggestions After the above petition for rule mak­ on revised Appendix D within 60 days of S teven D. K ohlert, . ing was filed, the Commission published Acting Deputy Assistant publication. In view of the foregoing, the in the F ederal R egister (36 F.R. 18071, Commission deems it unnecessary to Secretary for Management. Sept. 9, 1971) a revision of Appendix D initiate a further rule making proceed­ [PR Doc.71-15561 Piled 10-26-71;8:49 am] of 10 CFR Part 50, effective on the date ing with respect to the matters in the of publication, that-set forth Commission petition for rule making. policy and procedure for the implemen­ tation of NEPA in accordance with the Accordingly, the petition for rule mak­ ATOMIC ENERGY COMMISSION decision of the United States Court of ing filed by Consolidated Edison Com­ Appeals for the District of Columbia Cir­ pany of New York, Inc., is denied. CONSOLIDATED EDISON COMPANY cuit in “Calvert Cliffs’ Coordinating For the Atomic Energy Commission. OF NEW YORK, INC. Committee, Inc., et al. v. United States Atomic Energy Commission, et al.”, Nos. Dated at Germantown, Md„ this 8th Notice of Filing and Denial of Petition 24,839 and 24,871 (July 23,1971). Section day of October 1971. for Rule Making D of revised Appendix D deals specifically W.B.M cC o o l , Notice is hereby given that Con­ with proceedings in which hearings were Secretary of the Commission. solidated Edison Company of New York, pending as of September 9, 1971, which [FR Doc.71-15522 Filed 10-26-71;8:46 am] Inc,, has filed with the Atomic Energy would include the proceedings that are Commission a petition for rule making, the subject of instant petition. dated August 18, 1971, together with a Section D of the revised Appendix D [Docket No. 50-247] supporting memorandum, to amend Ap­ states that the atomic safety and licens­ pendix D of the Commission’s regulation ing board will proceed expeditiously with CONSOLIDATED EDISON COMPANY ‘Licensing of Production and Utilization the aspects of the application related to OF NEW YORK, INC. Facilities” 10 CFR Part 50. Appendix D the Commission’s licensing requirements Notice of Issuance of Facility ln effect on the date of the petition for under the Atomic Energy Act of 1954, as rule making was a statement of general amended, pending compliance with the Operating License Policy and procedure for the imple­ other applicable requirements of revised Notice is hereby given that the Atomic mentation of the National Environ­ Appendix D related to environmental Energy Commission (the Commission) mental Policy Act of 1969 (N E P A ). matters. It also permits the applicant, has issued Facility Operating License No. The petitioner requested that the in a proceeding for the issuance of an DPR-26 to Consolidated Edison Company Commission amend Appendix D by add­ operating license in which the require­ of New York, Inc. (Consolidated Edison),

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20622 NOTICES

which permits fuel loading and subcrit- for good cause shown, or upon earlier is­ [Docket No. 50-297] ical testing of the Indian Point Nuclear suance of a subsequent licensing action. NORTH CAROLINA STATE UNIVERSITY Generating Unit No. 2 (facility), a pres­ Copies of (1) the Board’s orders of surized water nuclear reactor located July 20, 1971, and October 15, 1971, (2) Order Extending Construction Permit at Consolidated Edison’s site near Facility Operating License No. DPR-26, Completion Date Buchanan in Westchester County, N.Y. complete with Technical Specifications, North Carolina State University hav­ The facility is designed for operation at (3) the Safety Evaluation for the Indian ing filed a request dated September 15, approximately 2,758 megawatts thermal, Point Nuclear Generating Unit No. 2, 1971, for an extension of the latest com­ but in accordance with the provisions of datéd November 16, 1970, and Supple­ pletion date specified in Construction Facility Operating License No. DPR-26 ments 1, 2, and 3 thereto, dated Novem­ Permit No. CPRR-106 which authorizes and the Technical Specifications ap­ ber 20, 1970, July 1971 and September 3, construction of the PULSTAR nuclear pended thereto, activities under the li­ 1971, respectively, (4) the report of the research reactor facility on the Univer­ cense are restricted to fuel loading and Advisory Committee on Reactor Safe­ sity’s campus at Raleigh, N.C.; and subcritical testing and it is provided that guards on the Indian Point Nuclear Gen­ at no time shall the reactor be made erating Unit No. 2, dated September 23, Good cause having been shown for this critical following fuel loading. 1970, and (5) “Discussion and Conclu­ extension pursuant to section 185 of the On October 6, 1970, Consolidated Edi­ sions by the Division of Reactor Licens­ Atomic Energy Act of 1954, as amended, son requested a public hearing on its ing, U.S. Atomic Energy Commission, and 10 CFR 50.55(b) of the Commission’s application for a license to operate the Pursuant to Appendix D of 10 CFR Part regulations: It is hereby ordered, That facility at full power. Pursuant to a Com­ 50, Supporting the Issuance of a License the latest completion date of Construc­ mission Order, a public hearing before to Consolidated Edison Company of New tion Permit No. CPRR-106 is extended an Atomic Safety and Licensing Board York, Inc., Authorizing the Loading of from November 1,1971, to May 1,1972. (Board) commenced on December 17, Fuel and Subcritical Testing of Indian This order is effective as of its date of 1970, in Buchanan, N.Y. This hearing is Point Unit No. 2, Docket No. 50-247, issuance. still in progress. On June 18, 1971, Con­ dated October 6, 1971,” are available for Date of issuance: October 13, 1971. solidated Edison requested the Board, public inspection in the Commission’s For the Atomic Energy Commission. pursuant to 10 CFR 50,57 of the Commis­ Public Document Room, 1717 H Street sion’s regulations to issue an order au­ NW., Washington, DC. Copies of the li­ P e t e r A . M o r r is , thorizing the Director of Regulations to cense, complete with Technical Specifica­ Director, make the necessary findings and issue a tions, and items (3) and (5) above may Division of Reactor Licensing. license permitting fuel loading and sub- be obtained upon request addressed to [FR Doc.71-15525 Filed 10-26-71:8:46 am] critical testing. The Board issued such the Atomic Energy Commission, Wash­ an order on July 20,1971. ington, D.C. 20545, Attention: Director, Before the license permitting fuel load­ Division of Reactor Licensing. ing and subcritical testing of the facility could be issued, the Commission amended Dated at Bethesda, Md., this 19th day CIVIL AERONAUTICS BOARD appendix D of 10 CFR Part 50, which is of October, 1971. [Docket No. 21866-6A] a statement of general Commission For the Atomic Energy Commission. DOMESTIC PASSENGER-FARE policy relating to the implementation of the National Environmental Policy Act P e t e r A. M o r r is , INVESTIGATION Director, of 1969 in connection with licensing ac­ Notice of Oral Argument tions. Subsequently Consolidated Edison Division of Reactor Licensing. and the staff presented to the Board in­ [FR Doc.71-15523 Filed 10-26-71:8:46 amj Notice is hereby given, pursuant to the formation as to the environmental im­ provisions of the Federal Aviation Act of pact of the proposed fuel loading and 1958, as amended, that oral argument in subcritical testing license. On October 15, [Docket No. 50-223] the above-entitled matter Phase 6A, seat­ 1971, the Board issued an order, based on LOWELL TECHNOLOGICAL INSTITUTE ing configuration is assigned to be held a consideration of the evidence adduced before the Board on November 4, 1971, in reference to the environmental impact Order Extending Construction Permit at 10 a.m. (local time) in Room 1027, of the activities to be authorized under Completion Date Universal Building, 1825 Connecticut the proposed license, affirming the au­ Avenue NW., Washington, DC. Lowell Technological Institute having thorization granted in its July 20, 1971, Dated at Washington, D.C., October 20, filed a request dated September 15, 1971, order. 1971. The Commission’s regulatory staff has for extension of the latest completion inspected the facility and has determined date specified in Construction Permit No. [ s e a l ] R a l p h L. W is e r , Chief Examiner. that, for fuel loading and subcritical test­ CPRR-87, which authorizes construction ing, the facility has been constructed in of a nuclear research reactor on its [FR Doc.71-15600 Filed 10-26-71;8:52 am] accordance with the application, as campus in Lowell, Mass.; and amended, and the provisions of Provi­ Good cause having been shown for ex­ sional Construction Permit No. CPPR-21, tension of said date, pursuant to section [Docket No. 23486; Order 71-10-58] as amended. The.licensee has submitted 185 of the Atomic Energy Act of 1954, INTERNATIONAL AIR TRANSPORT as amended, and 10 CFR 50.55(b) of the proof of financial protection in satisfac­ ASSOCIATION tion of 10 CFR Part 140. Commission’s regulations: It is hereby The Director of Regulation has made ordered, That the latest completion date Order Regarding Currency Matters the findings set forth in the license, and of Construction Permit No. CPRR-87 is Issued under delegated authority has concluded that the application for extended from October 31, 1971, to De­ construction permit and facility license, cember 31, 1972. October 14, 1971. Agreement adopted by the Traffic Con­ as amended, complies with the require­ This order is effective as of its date of ments of the Atomic Energy Act of 1954, ferences of the International Air Trans­ issuance. port Association relating to currency as amended, and the Commission’s reg­ ulations in 10 CFR Ch. 1, that the is­ Date of issuance: October 13, 1971. matters; Docket No. 23486, Agreement suance of the license will not be inimical For the Atomic Energy Commission. CAB 22723. to the common defense and security or An agreement has been filed with the to the health and safety of the public. P e t e r A . M o r r is , Board pursuant to section 412(a) of the Director, The license is effective as of the date Federal Aviation Act of 1958 (the Act) of issuance and shall expire six (6) Division of Reactor Licensing. and Part 261 of the Board’s economic months from said date, unless extended [FR Doc.71-15524 Filed 10-26-71;8:46 am] regulations, between various air carriers,

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 NOTICES 20623

foreign air carriers, and other carriers, a round-trip 5/21-day excursion fare be­ ACTION embodied in the resolutions of the Traffic tween Phoenix and Ciudad Obregon of Conferences of the International Air $60, a reduction of about 25 percent from Notice of Grant of Authority To Make Transport Association and adopted by the currently effective round-trip econ­ a Noncareer Executive Assignment mail vote. The agreement has been as­ omy-class fare. Under authority of § 9.20 of Civil signed the above-designated CAB agree­ ¿ 1 deferring action on the agreement, Service Rule IX (5 CFR 9.20), the Civil ment number. 10 days were granted in which interested Service Commission authorizes ACTION The agreement, insofar as its affects persons might file petitions in support of to fill by noncareer executive assignment air transportation, permits the establish­ or in opposition to the proposed action. in the excepted service the position of ment of special Contract Bulk Inclusive No petitions have been received within Deputy Associate Director for VISTA Tour (CBIT) fares in Japanese yen, ex­ the filing period and the tentative con­ and Anti-Poverty Programs. clusively for travel originating in Japan clusions in Order 71-9-89 will herein be to U.S. points. Application of the current made final. U n i t e d S t a t e s C i v i l S e r v ­ exchange rate of 360 Japan yen=one Accordingly, it is ordered, That: i c e C o m m i s s i o n , U.S. dollar renders the current level of Agreement CAB 22681 be and hereby is [ s e a l ] J a m e s C . S p r y , Executive Assistant to CBIT fares unchanged. approved. the Commissioners. Pursuant to authority duly delegated This order will be published in the [FR Doc.71-15514 Filed 10-26-71;8:45 am] by the Board in the Board’s regulations, F e d e r a l R e g is t e r . it is not found, on a tentative basis, that [ s e a l ] H a r r y J. Z i n k , the following resolutions which are in­ Secretary. corporated in Agreement CAB 22723, are ACTION adverse to the public interest or in vio­ [FR Doc.71-15599-Filed 10-26-71;8:52 am] Notice of Grant of Authority To Make lation of the Act, provided that approval a Noncareer Executive Assignment is subject to the conditions hereinafter RAILROAD CARRIER/LONG-HAUL ordered. Under authority of § 9.20 of Civil MOTOR CARRIER APPLICATION IATA Resolution Numbers Service Rule IX (5 CFR 9.20), the Civil FOR AIR FREIGHT FORWARDER Service Commission authorizes ACTION 300 (M ail 367) 001s. AUTHORITY1 to fill by noncareer executive assignment JT23(Mail 287) 001s. in the excepted service the position of JT31(Mail 206) OOls. Notice to Interested Persons JT123(Mail 676) 001s. Deputy Associate Director for Domestic Notice is hereby given, pursuant to and Anti-Poverty Operations. Accordingly, it is ordered, That: § § 296.84 and 297.64 of the Board’s eco­ U n i t e d S t a t e s C i v i l S e r v ­ Action on Agreement CAB, 22723 be nomic regulations, that the following ap­ i c e C o m m i s s i o n , and hereby is deferred with a view to­ plication of an affiliate of a railroad car­ [ s e a l ] J a m e s C . S p r y , ward eventual approval: Provided, That rier and a long-haul motor carrier of Executive Assistant to in the event that action pursuant to said general commodities for air freight for­ the Commissioners. resolution results in revision of a basic warder authority is on file with the specified or constructed fare or rate, such Board: [FR Doc.71-15515 Filed 10-26-71 45 am] new basic fare or rate shall be filed with Burlington Northern Air Freight Inc., 176 the Board as an agreement under section East Filth Street, St. Paul, MN 55101 (D & I)‘. 412 of the Act and approved by the ARCHIVIST, SMITHSONIAN Board prior to being placed in effect. Dated at Washington, D.C., October 21, INSTITUTION Persons entitled to petition the Board 1971. Manpower Shortage; Notice of Listing for review of this order, pursuant to [ s e a l ] H a r o l d S . P a r r o t t , Under the provisions of 5 U.S.C. 5723, the Board’s regulations, 14 CFR 385.50, Chief, Supplementary Services the Civil Service Commission found a may, within 10 days after the date of Division, Bureau of Operating manpower shortage on October 1, 1971, service of this order, file such petitions Rights. for the single position of Archivist, G S - in support of or in opposition to our [FR Doc.71-15601 Filed 10^26-71:8:52 am] 1420-11, Smithsonian Institution, Wash­ proposed action herein. ington, D.C. The finding is self-canceling This order will be published in the when the position is filled. F ederal R e g is t e r . Assuming other legal requirements are met, an appointee to this position may [ s e a l ] H a r r y J. Z i n k , CIVIL SERVICE COMMISSION be paid for the expense of travel and Secretary. ACTION transportation to first post of duty. [FR Doc.71-15598 Filed 10-2'6-71;8:52 am] Notice of Grant of Authority to Make U n i t e d S t a t e s C i v i l S e r v ­ a Noncareer Executive Assignment i c e C o m m i s s i o n , [Docket No. 22628; Order 71-10-83] [ s e a l ] J a m e s C . S p r y , Under authority of § 9.20 of Civil Executive Assistant to INTERNATIONAL AIR TRANSPORT Service Rule IX (5 CFR 9.20), the Civil the Commissioners. ASSOCIATION Service Commission authorizes ACTION [F R Doc.71-15516 Filed 10-26-71;8:45 am ] Order Regarding Fares to fill by noncareer executive assignment in the excepted service the position of Issued under delegated authority Oc­ Deputy Associate Director for Older DEPARTMENT OF THE INTERIOR tober 19, 1971. Americans Programs, Office of the Asso­ Agreement adopted by Traffic Confer­ ciate Director for Domestic and Anti- Notice of Title Change in Noncareer ence 1 of the International Air Transport Poverty Operations. Executive Assignment Association relating to fare matters; Docket No. 22628, Agreement CAB U n i t e d S t a t e s C i v i l S e r v ­ By notice of November 17, 1967, F.R. 22681._ ic e C o m m i s s i o n , Doc 67-13608, the Civil Service Commis­ [ s e a l ] J a m e s C . S p r y , sion authorized the departments and By Order 71-9-89, dated September 24, Executive Assistant to agencies to fill by noncareer executive 1971, action was deferred, with a view the Commissioners. assignment, certain positions removed toward eventual approval, on an agree­ [F R Doc.71-15513 Filed 10-26-71;8:45 am ] from Schedule C of Civil Service Rule ment adopted by Traffic Conference 1 of V I by 5 CFR 213.3301a on November 17, the International Air Transport Associa­ 1967. This is notice that the title of one tion (IA T A ). The agreement establishes 1D— Interstate; I—International. such position so authorized to be filled by

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20624 NOTICES noncareer executive assignment has been tively, and a public hearing will be held (petitioner), 203 Portage Avenue, Win­ changed from “Legislative Counsel, in order to afford all parties an oppor­ nipeg 2, Canada, filed in Docket No. Office of the Solicitor” to “Legislative tunity to present evidence on the issues CP71-142 a petition to amend the order Counsel and Director, Office of Legisla­ raised therein. of the Commission issuing a certificate of tion, Office of the Secretary”. The Commission finds: public convenience and necessity in said (1) It is necessary and appropriate in U nited S tates Civil Serv­ docket pursuant to section 7(c) of the the proper exercise of the Commission’s Natural Gas Act on December 21, 1970 ice Commission, responsibilities under the Natural Gas (44 F P C ------), by authorizing the contin­ [ seal] James C. Spry, Executive Assistant to Act that the above-described issues uation of sales of natural gas heretofore the Commissioners. raised by the city of Ruston, La., in its initiated by petitioner, all as more fully “Reply Brief” filed in Docket No. RP71- set forth in the petition to amend which [FR Doc.71-15512 Filed 10-26-71:8:45 am] 122 be investigated in the context of a is on file with the Commission and open complaint proceeding. to public inspection. (2) The expeditious disposition of this The order of December 21, 1970, au­ proceeding will be furthered by the sub­ thorized, inter alia, the construction and FEDERAL POWER COMMISSION mission of prepared testimony and ex­ operation of approximately 48 miles of NATIONAL GAS SURVEY EXECUTIVE hibits by city of Ruston, La., in support 12-inch natural gas pipeline and related of its allegations on or before Decem­ facilities in the State of Minnesota. The ADVISORY COMMITTEE ber 1,1971. authorization granted therein is condi­ Order Designating Additional Member (3) The expeditious disposition of this tioned upon Petitioner’s obtaining, within proceeding Will be further effectuated by 6 months title to all natural gas trans­ O ctober 18, 1971. holding a hearing on January 5, 1972. ported through said facilities which will The Federal Power Commission by The Commission orders: be consumed in the United States. Peti­ Order issued April 6, 1971 established an (A ) Pursuant to the authority of the tioner states that it has complied with Executive Advisory Committee of the Natural Gas Act, particularly sections 4, this condition and submits this petition National Gas Survey. 5, 14, 15, and 16 thereof, and the Com­ in compliance with ordering paragraph 1. Membership. An additional member mission’s rules of practice and procedure, (E) of said order which requires a filing to the Executive Advisory Committee, as an investigation is hereby instituted to pursuant to section 7(c) of the Natural selected by the Chairman of the Com­ determine whether Arkansas Louisiana Gas Act for authorization to continue mission with the approval of the Com­ Gas Co. is restraining competition in its sales of nautral gas in interstate com­ mission, is as follows : relationships with the city of Ruston, merce initiated under the prior arrange­ Hon. James R. Schlesinger, Chairman, Atomic La., and, if necessary, to prescribe such ments. Energy Commission. tariff provisions as are appropriate to Any person desiring to be heard or to protect competition within the bound­ make any protest with reference to said By the Commission. aries permitted by the Natural Gas Act. petition to amend should on or before [ seal] K enneth F. P lumb, (B ) Any person desiring to be heard or November 8, 1971, file with the Federal Secretary. to make any protest with reference to the Power Commission, Washington, D.C. matters presented in this proceeding 20426, a petition to intervene or a pro­ [FR Doc.71-15535 Filed 10-26-71;8:47 am] should, on or before November 8, 1971, test in accordance with the requirements file with the Federal Power Commission, of the Commission’s rules of practice and [Docket No. RP72-49] Washington, D.C. 20426, petitions to in­ procedure (18 CFR 1.8 or 1.10) and the tervene or protest in accordance with the regulations under the Natural Gas Act CITY OF RUSTON, LA. AND ARKANSAS requirements of the Commission’s rules (18 CFR 157.10). All protests filed with LOUISIANA GAS CO. of practice and procedure (18 CFR 1.8 the Commission will be considered by it Order Instituting Investigation and and 1.10). All protests filed with the in determining the appropriate action to Commission will be considered by it in be taken but will not serve to make the Prescribing Hearing Procedures determining the appropriate action to be Protestants parties to the proceeding. O ctober 19, 1971. taken but will not serve to make the pro- Any person wishing to become a party to On September 24, 1971, the city of testants parties to the proceeding. Per­ a proceeding or to participate as a party Ruston, La. (Ruston), filed a document sons wishing to participate as a party in any hearing therein must file a peti­ entitled “Reply Brief of City of Ruston, in any hearing herein must file petitions tion to intervene in accordance with the Louisiana” in Docket No. RP71-122, to intervene in accordance with the Commission’s rules. Commission’s rules. which involves FPC Gas Tariff changes K enneth F. Plumb, proposed by Arkansas Louisiana Gas (C ) City of Ruston, La., shall file with Secretary. the Commission and serve on all parties Co. (Arkla) pursuant to the Commission’s [FR Doc.71-15530 Filed 10-26-71:8:46 am] Order No. 431 to effectuate a gas curtail­ to the proceeding, including the Staff of ment policy. Among other things, Ruston the Commission, direct testimony and exhibits in support of its allegations on alleged that the proposed tariff changes [Docket No. E-7630] would have certain anticompetitive ef­ or before December 1, 1971. fects because Ruston purchases from (D ) A public hearing on the issues pre­ METROPOLITAN EDISON CO. Arkla under a requirements contract and sented will be held in a hearing room of Notice of Further Extension of Time because it competes directly with Arkla the Federal Power Commission, 441 G for commercial and residential cus­ Street NW., Washington, DC, commenc­ O ctober 18, 1971. tomers. In an answer requesting rejection ing at 10 a.m., e.s.t., on January 5, 1972. On October 14, 1971, the Boroughs of of the “Reply Brief,” Arkla countered By the Commission. Kutztown, Middletown, Lewisberry, and that the existence of the contract demon­ Goldsboro, Pa., filed a motion for a [ seal] K enneth F. Plumb, strated the absence of an attempt to re­ further extension of time to and includ­ strain competition and that no. evidence Secretary. ing December 3, 1971, within which to was present on the record in Docket No. [FR Doc.71-15529 Filed 10-26-71:8:46 am] file their testimony and exhibits, pursu­ RP71-122 to show that Arkla intended to ant to paragraph (C ) of the order issued limit competition through institution of [Docket No. CP71-142] June 29, 1971, in the above-designated curtailment procedures. INTER-CITY MINNESOTA PIPELINES matter. The motion also requests that Upon analysis of the pleadings, it is the time be extended to and including our view that Ruston should be permitted LTD., INC. December 24, 1971, within which,rebut­ an opportunity to present evidence in Notice of Petition To Amend support if its claim that Arkla is restrain­ tal testimony shall be filed by Metro­ ing competition. Accordingly, the above- O ctober 18, 1971. politan Edison Co. The motion further mentioned filings will be treated as a Take notice that on June 21, 1971, requests that cross-examination be post­ complaint and answer thereto, respec­ Inter-City Minnesota Pipelines Ltd., Inc. poned, to commence on January 11,1972.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 NOTICES 20625

On October 15, 1971, Metropolitan Edi­ request of Tennessee or Trunkline, the in Harris County, Tex., petitioners pro­ son Co. filed an answer in opposition to parties will use best efforts to deliver and pose to establish the new Harris County the motion. receive at the Harris County delivery delivery point by interconnecting their Upon consideration, notice is hereby point additional quantities of exchange pipeline facilities at the junction of given that the time is further extended gas on any day up to a maximum addi­ Trunkline’s 24-inch line and Tennessee’s to and including November 15, 1971, tional quantity of 75,000 Mcf. 30-inch line No. 3 in Harris County, Tex. within which intervenors’ and Staff evi­ The new agreement further provides Tennessee will install, own and operate dence, including testimony and exhibits, that on any day Tennessee receives ex­ the facilities proposed to be installed at shall be served; the time is further ex­ change gas from Trunkline, Tennessee such new delivery point. Trunkline will tended to and including December 3, will redeliver at the Kinder redelivery reimburse Tennessee for one-half of all 1971, within which rebuttal testimony point, Jefferson Davis Parish, La., quan­ the costs incurred by Tennessee in estab­ shall be filed by Metropolitan Edison tities of exchange gas equal in volume lishing such new interconnection and Co.; and the cross-examination of all to the total volume received by Tennes­ delivery point. The estimated cost of such witnesses and the testimony filed by all see from Trunkline on such day; how­ facilities is $181,720. parties is further postponed, to com­ ever, Tennessee’s obligation to redeliver Any person desiring to be heard or to mence on December 13, 1971, at 10 a.m., to Trunkline daily volumes equal to the make any protest with reference to said e.s.t., in a hearing room of the Federal volumes received from the delivery points petition to amend should on or before Power Commission, 441 G Street NW., in South Texas shall be on a best efforts November 8, 1971, file with the Federal Washington, DC 20426. basis with the understanding that Ten­ Power Commission, Washington, D.C. nessee shall redeliver such equal vol­ 20426, a petition to intervene or a pro­ K e n n e t h F . P l u m b , umes as soon as operating conditions test in accordance with the requirements Secretary. permit. Such agreement further pro­ of the Commission’s rules of practice and [PR Doc.71—15531 Piled 10-26-71:8:46 am ] vides that if Tennessee has gas available procedure (18 CFR 1.8 or 1.10) and the at the Kinder redelivery point in excess regulations under the Natural Gas Act of its other delivery and redelivery obli­ (18 CFR 157.10). All protests filed with [Docket No. CP70-122] gations to Trunkline under this and all the Commission will be considered by it TENNESSEE GAS PIPELINE CO. AND other agreements, including balancing in determining the appropriate action to TRUNKLINE GAS CO. obligations thereunder, or if Trunkline be taken but will not serve to make the otherwise agrees, Trunkline will, at the Protestants parties to the proceeding. Notice of Petition To Amend request of Tennessee, use its best efforts Any person wishing to became a party to to deliver for the account of Tennessee a proceeding or to participate as a party O c t o b e r 18, 1971. at the Potomac, HI., delivery point such in any hearing therein must file a peti­ Take notice that on September 23, additional quantities of exchange gas as tion to intervene in accordance with the 1971, Tennessee Gas Pipeline Co., a divi­ Tennessee may have available for deliv­ Commission’s rules. sion of Tenneco Inc. (Tennessee), Post ery to Trunkline at the Kinder rede­ Office Box 2511, Houston, T X 77001, and K e n n e t h F . P l u m b , livery point. Secretary. Trunkline Gas Co. (Trunkline), Post Petitioners state that while the ex­ Office Box 1642, Houston, T X 77001, change contemplated is intended to be [PR Doc.71-15533 Filed 10-26-71:8:47 am] filed in Docket No. CP70-122 a petition achieved as nearly as is practicable on a to amend the order issued pursuant to simultaneous basis, a party may, from [Docket No. CP72-84] section 7(c) of the Natural Gas Act on time to time to accommodate operational February 19, 1970 (43 FPC 207), by au­ problems, arrange by mutual agreement TEXAS EASTERN TRANSMISSION thorizing an increase in the daily vol­ to take receipt of gas for exchange on a CORP. umes of gas to be exchanged, the con­ nonsimultaneous basis. In the event a struction and operation of an additional party having received exchange gas Notice of Application exchange point, the use of existing con­ determines that it is unable to return O c t o b e r 18, 1971. nection facilities for the aforementioned such gas within 90 days, then with the Take notice that on September 27, exchange and an extension in the term of consent of the other party such gas may 1971, Texas Eastern Transmission Corp. the exchange agreement, all as more fully be purchased, at the rate in effect at such set forth in the petition to amend which (applicant), Post Office Box 2521, Hous­ point at the time when such gas was due is on file with the Commission and open ton, T X 77001, filed in Docket No. CP72- to be returned, at Trunkline’s “R ” rate to public inspection. 84 an application pursuant to section or Tennessee’s Zone 1, “R ” rate, both The order of February 19, 1970, 7(c) of the Natural Gas Act, as imple­ expressed at a pressure base of 14.73 authorized, inter alia, the transportation mented by § 157.7(b) of the regulations p.s.i.a. saturated, whichever is ap­ and exchange of up to 65,000 Mcf of under said Act, for a certificate of pub­ plicable. natural gas per day at existing points of lic convenience and necessity authorizing interconnection between the respective For all exchange volumes delivered on the construction, during the calendar systems of Petitioners in Harris County, a simultaneous best efforts basis at the year 1972, and operation of certain nat­ Tex., and Jefferson Davis Parish, La. Potomac delivery point for the account ural gas facilities to enable applicant to Petitioners have entered into an of Tennessee, Tennessee proposes to pay take into its pipeline system supplies of agreement which provides for the ex­ T r u n k lin e 12 cents per Mcf. The volumes natural gas, all as more fully set forth change of gas between them on a firm of exchange gas so delivered at the in the application which is on file with daily basis as well as on optional and Potomac delivery point will be delivered the Commission and open to public best efforts bases as they may elect. Such to Midwestern Gas Transmission Co. inspection. agreement provides for the delivery by (Midwestern) for the account of Ten­ Applicant states that the purpose of Trunkline and the receipt by Tennessee nessee. On any day that such deliveries this budget-type application is to aug­ of 125,000 Mcf of exchange gas on a can be accomplished, Tennessee will re­ ment its ability to act with reasonable firm daily basis at the new Harris Coun­ duce its deliveries to Midwestern at its dispatch in contracting for and connect­ ty delivery point proposed herein. At delivery point near Portland, Tenn., by ing to its pipeline system supplies' of nat­ Trunkline’s option, Trunkline may de­ the same quantity. ural gas which will be purchased from liver or cause to be delivered and Ten­ Petitioners propose that the term of producers in the general areas of its ex­ nessee shall receive at mutually agree­ their exchange agreement be extended isting pipeline system. The total cost of able existing point or points of delivery for 3 years from November 1, 1971, and the facilities proposed herein will not in South Texas on Tennessee’s pipeline from year to year thereafter if not ter­ exceed $7 million, with no single offshore system south of Trunkline’s Premont minated by either party’s giving 18 project costing in excess of $1,750,000, Compressor Station such additional vol­ months prior notice. and no single onshore project costing in umes of exchange gas as Trunkline may In order for Trunkline to deliver and' excess of $1 million. Applicant states elect to deliver or cause to be delivered Tennessee to receive the total daily that these costs will be financed from on any day up to 25,000 Mcf. Upon the volume of gas proposed to be exchanged funds on hand.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 No. 207----- 8 20626 NOTICES

Any person desiring to be heard or to (C IG ). Said certificate is conditioned so ing, Shreveport, La. 71101, filed in make any protest with reference to said ■that petitioner is prohibited from apply­ Docket No. CI72-220 an application pur­ application should on or before Novem­ ing for rate increases based on inade­ suant to section 7(c) of the Natural Gas ber 2, 1971, file with the Federal Power quate return or financial need and so Act for a certificate of public conven­ Commission, Washington, D.C. 20426, a that the price for all sales to C IG shall ience and necessity authorizing the sale petition to intervene or a protest in ac­ not exceed the sum of 5 cents per Mcf for resale and delivery of natural gas in cordance with the requirements of the plus the rate in effect for the sale of interstate commerce to Trunkline Gas Commission’s rules of practice and proce­ natural gas to petitioner by its affiliate, Co. from the Fields Field, Beauregard dure (18 CFR 1.8 or 1.10) and the regula­ U.S. Natural Gas Corp. (U.S. Natural). Parish, La., all as more fully set forth in tions under the Natural Gas Act (18 CFR Petitioner states that it is .no longer the application which is on file with 157.10). All protests filed with the Com­ affiliated with U.S. Natural and that the Commission and open to public mission will be considered by it in deter­ U.S. Natural is no longer its sole source inspection. mining the appropriate action to be taken of gas supply. Petitioner alleges that as Applicant proposes to sell natural gas but will not serve to make the protest- the result of its present management’s for 1 year commencing December 3,1971, ants parties to the proceeding. Any per­ efforts in contracting for and attaching at the rate of 26 cents per Mcf at 15.025 son wishing to become a party to a pro­ existing reserves, the rates to which it is p.s.i.a. within the contemplation of ceeding or to participate as a party in restricted by the order accompanying § 2.70 of the Commission’s general pol­ any hearing therein must file a petition Opinion No. 429 are not compensatory icy and interpretations (18 CFR 2.70). to intervene in accordance with the Com­ and do not offer an adequate incentive The estimated monthly sales volume is mission’s rules. to seek out and attach new supplies. 37,500 Mcf. Take further notice that, pursuant to Accordingly, petitioner requests there be It appears reasonable and consistent the authority contained in and subject to deleted from the certificate order: with the public interest in this case to the jurisdiction conferred upon the Fed­ 1. The condition which provides that prescribe a period shorter than 15 days eral Power Commission by sections 7 and applicant’s rate for sales to Colorado for the filing of protests and petitions to 15 of the Natural Gas Act and the Com­ Interstate Gas Corp. shall not at any intervene. Therefore, any person desir­ mission’s rules of practice and procedure, time exceed the sum of 5 cents per Mcf ing to be heard or to make any protest a hearing will be held without further plus any rate lawfully in effect for the with reference to said application should notice before the Commission on this ap­ sale of gas to applicant by U.S. Natural on or before November 5, 1971, file with plication if no petition to intervene is Resources. the Federal Power Commission, Wash­ filed within the time required herein, if 2. The condition which provides that ington, D.C. 20426, a petition to inter­ the Commission on its own review of the applicant may not file rate increases vene or a protest in accordance with the matter finds that a grant of the certif­ other than those related to and based on requirements of the Commission’s rules icate is required by the public con­ specifically permitted rate increases by of practice and procedure (18 CFR 1.8 venience and necessity. If a petition for U.S. Natural. or 1.10). All protests filed with the Com­ leave to intervene is timely filed, or if Petitioner has included in its petition mission will be considered by it in deter­ the Commission on its own motion be­ to amend a pro forma tariff change mining the appropriate action to be lieves that a formal hearing is required, which provides for a rate based on peti­ taken but will not serve to make the further notice of such hearing will be tioner’s average weighted cost of gas with Protestants parties to the proceeding. duly given. a spread of 9 cents per Mcf between said Any person wishing to become a party Under the procedure herein provided cost and the price at which gas is sold to a proceeding or to participate as a for, unless otherwise advised, it will be to CIG. party in any hearing therein must file a unnecessary for Applicant to appear or Any person desiring to be heard or to petition to intervene in accordance with be represented at the hearing. make any protest with reference to said the Commission’s rules. petition to amend should on or before K e n n e t h F. P l u m b , Take further notice that, pursuant to Secretary. November 8, 1971, file with the Federal Power Commission, Washington, D.C. the authority contained in and subject [FR Doc.71-15532 Filed 10-26-71;8:47 am] 20426, a petition to intervene or a protest to the jurisdiction conferred upon the in accordance with the requirements of Federal Power Commission by sections 7 the Commission’s rules of practice and [Docket No. CF63-329] and 15 of the Natural Gas Act and the procedure (18 CFR 1.8 or 1.10) and the Commission’s rules of practice and pro­ regulations under the Natural Gas Act WESTERN TRANSMISSION CORP. cedure, a hearing will be held without (18 CFR 157.10). All protests filed with Notice of Petition to Amend the Commission will be considered by it further notice before the Commission on this application if no petition to inter­ O c t o b e r 18,1971. in determining the appropriate action to be taken but will not serve to make the vene is filed within the time required Take notice that on September 23, Protestants parties to the proceeding. 1971, Western Transmission Corp. (peti­ herein, if the Commission on its own re­ Any person wishing to become a party tioner), 250 Park Avenue, New York, view of the matter finds that a grant of to a proceeding or to participate as a N Y 10017, filed in Docket No. CP63-329 party in any hearing therein must file the certificate is required by the public a petition to amend the order accom­ a petition to intervene in accordance convenience and necessity. If a petition panying Opinion No. 429 issuing a certif­ with the Commission’s rules. for leave to intervene is timely filed, or icate of public convenience and neces­ if the Commission on its own motion be­ sity in said docket pursuant to section K e n n e t h F . P l u m b , 7(c) of the Natural Gas Act on May 24, Secretary. lieves that a formal hearing is required, 1964 (31 FPC 1295), by deleting certain [FR Doc.71-15534 Filed 10-26-71;8:47 am] further notice of such hearing will be conditions imposed by the Commission, duly given. all as more fully set forth in the petition Under the procedure herein provided [Docket No. CI72—220] to amend which is on file with the Com­ for, unless otherwise advised, it will be mission and open to public inspection. unnecessary for applicant to appear or The order accompanying Opinion No. CHARLES A. BARTON, SR. 422 authorizes, inter alia, the construc­ Notice of Application be represented at the hearing. tion and operation of facilities and the M a r y B. K id d , O c t o b e r 22,1971. sale for resale of natural gas by peti­ Acting Secretary. tioner to Colorado Interstate Gas Co., Take notice that on October 18, 1971, a division of Colorado Interstate Corp. Charles A. Barton, Sr., 903 Beck Build­ [FR Doc.71-15648 Filed 10-26-71:8:54 am]

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 NOTICES 20627

[Docket No. G-3573 etc.] Docket No. Pres­ and Applicant Purchaser and location . . . sure WISER OIL CO., ET AL. date filed ***Mcr base Notice of Applications for Certificates, G-3573...... The Wiser Oil Co. (successor to El Paso Natural Gas Co., Acreage 12.0 15.025 Abandonment of Service a n d Peti­ E 5-13-71 Southern Petroleum Explora- In Rio Arriba County, N. Mex. tion Inc.), Post Office Box 192, tions to Amend Certificates 1 Sistersville, WV 26175. G-16367...... Mobil Oil Corp. (Operator) et al., Transwestern Pipeline Co., Feld- (i) October 15, 1971. D 9-30-71 Post Office Box 1774, Houston, man Field, Lipscomb County, The Wiser Oil Co. (successor to South­ TX 77001 Tex. G-16368______Mobil Oil Corp., Post Office Box Transwestern Pipeline Co., West (i) ...... ern Petroleum Exploration, Inc.), and D 9-30-71 1774, Houston, TX 77001. Shattuck Field, Ellis County, Okla. other applicants listed herein. G-18141...... The Wiser Oil Co. (successor to El Paso Natural Gas Co., Acreage 13.0 15.025 E 5-13-71 Southern Petroleum Explora- in Rio Arriba County, N. Mex. Take notice that each of the appli­ tion Inc.), Post Office Box 192, cants listed herein has filed an applica­ Sistersville, WV 26175. G-18297-...... Cities Service Oil Co. (Operator), Kansas-Nebraska Natural Gas Co.,' 25.6506 16.4 tion or petition pursuant to section 7 of C 9-27-71 Post Office Box 300, Tulsa, OK Inc., Outlet at Kimball Gasoline the Natural Gas Act for authorization to 74102. Plant, Kimball County, Nebr. sell natural gas in interstate commerce, CI60-593...... Atlantic Richfield Co., Post Office Texas Gas Transmission Corp., Cal- 26.0 16.025 10-4-718 Box 2819, Dallas, TX 75221. houn Field; Jackson, Lincoln, and or to abandon service as described Ouachita Parishes, La. herein, all as more fully described in the CI61-1245...... do...... do...... 26.0 15.025 10-4-718 respective applications and amendments CI63-489...... Ashland Oil Inc., (Operator) et Michigan Wisconsin Pipe Line Co., 23.0202 14.66 which are on file with the Commission C 9-10-718 al.,“Post Office Box 18695, Okla- South Lonewoli Field, Major homa City, OK 73118. County, Okla. and open to public inspection. CI66-653...... Austral Oil Co., Inc., et al., 2700 Arkansas Louisiana Gas Co., Royal Uneconomical...... Any person desiring to be heard or to D 10-1-71 Humble Bldg., Houston, Tex. Resources No. 1 White E Unit, make any protest with reference to said 77002 (partial abandonment). Pittsburg County, Okla. CI68-155...... __ Mobil Oil Corp., Post Office Box Texas Eastern Transmission Corp., 26.0 16.025 applications should on or before Novem­ C 9-24-71 1774, Houston, TX 77001. Main Pass Block 6 Field, Offshore ber 8, 1971, file with the Federal Power Louisiana. C168-610...... Amoco Production Co. (Operator) Texas Eastern Transmission Corp., Depleted...... Commission, Washington, D.C. 20426, D 9-22-71 et al., Post Office Box 3092, Riggan Field, Willacy County, petitions to intervene or protests in ac­ Houston, TX 77001. Tex. CI69-621...... Harper Oil Co., 904 Hightower Northern Natural Gas Co., Vici Depleted...... cordance with the requirements of the D 9-20-71 Bldg., Oklahoma City, Okla. Area, Woodward County, Okla. Commission’s rules of practice and pro­ 73102. cedure (18 CFR 1.8 or 1.10). All protests CI71-11...... Petroleum, Inc. (Operator) et al., Northern Natural Gas Co., Tyrone 8 20.33 14.65 C 9-20-714 300 West Douglas, Wichita, KS Pool, Texas County, Okla. filed with the Commission will be con­ 67202. sidered by it in determining the appro­ CI71-317...... Kerr-McGee Corp., Kerr-McGee Michigan Wisconsin Pipe Line Co., 26.0 15.026 C 10-4-71 Bldg., Oklahoma City, Okla. Block 273, Eugene Island Area, priate action to be taken but will not 73102. Offshore Louisiana. serve to make the protestante parties to CI71-809...... Clinton Oil Co., 217 North Water, Panhandle Eastern Pipe Line Co., *22.0 14.65 the proceeding. Persons wishing to be­ C 9-20-714 Wichita, KS 67202. Angell Area. Meade County, Kans. CI72-157...... Kerr-McGee Corp. (successor to Arkansas Louisiana Gas Co., North- 18.082 14.66 come parties to a proceeding or to par­ (CI64-64 and Clark M. Clifford), Kerr-McGee west Okeene Area, Blaine County, ticipate as a party in any hearing therein CI64-187) Bldg., Oklahoma City, Okla. Okla. F 9-13-71 73102. must file petitions to intervene in ac­ CI72-168...... L. D. Nutter et als., c/o Alma Equitable Gas Co., Copen Salt Lick O ...... cordance with the Commission’s rules. B 9-16-71 Schrader, agent, 861 Terrace District, Braxton County, W. Va. Ave., Weston, WV 26452. Take further notice that, pursuant to CI72-159...... Monsanto Co., 1300 Post Oak Northern Natural Gas Co., Gomez • 22.0 14.65 the authority contained in and subject to A 9-20-71 Tower, Houston, Tex. 77027. Field, Pecos County, Tex. the jurisdiction conferred upon the Fed­ CI72-160...... Cities Service Oil Co., Post Columbia Gas Transmission Corp., 32.0 16.326 A 9-20-71 Office Box 300, Tulsa, acreage in Jackson County, W. Va. eral Power Commission by sections 7 and OK 74102. 15 of the Natural Gas Act and the Com­ CI72-161...... Sun Oil Co., Post Office Box 2880, Columbia Gas Transmission Corp., Depleted______B 9-20-71 Dallas, TX 75221. Cole's Gully Field, Acadia Par­ mission’s rules of practice and proce­ ish, La. dure a hearing will be held without CI72-162...... Edwin L. Cox, 3800 First Cities Service Gas Co., Southeast 16.0 14.65 A 9-20-71 National Bank Bldg., Dallas, Sterling Field, Comanche County, further notice before the Commission on Tgx. 75202« Ofria. all applications in which no petition to CI72-163...... Texas Pacific Oil Co., Inc. El Paso Natural Gas Co.. Spraberry 14.5 14.65 intervene is filed within the time required (CS 68-1) (successor to K. K. A mini), Trend and Texon W. (Spraberry) F 9-20-71 1700 One Main PI., Fields, Regan County, Tex. herein if the Commission on its own re­ Dallas, TX 75250. CI72-164...... The Superior Oil Co., Post Panhandle Eastern Pipe Line Co., *0.142012936 14.65 view of the matter believes that a grant A 9-21-71 Office Box 1521, Houston, Light Field, Beaver County, of the certificates or the authorization Tex. 77001 Okla. CI72-165...... do______Z\__ Texas Gas Transmission Co., South 26.0 15.025 for the proposed abandonment is re­ A 9-21-71 Bosco Field, Acadia Parish, La. CI72-166— __ Rudco Oil & Gas Co., 1717 North Arkansas Louisiana Gas Co., South Depleted____sa quired by the public convenience and B 9-22-71 Dixie Highway, Tyler, TX Hallsville Field, Panola County, necessity. Where, a petition for leave to 75701. Tex. CI72-167...... Claiborne Gasoline Co., 1365 United Gas Pipe Line Co., Lisbon P) ____ _ intervene is timely filed, or where the B 9-23-71 First National Bank Bldg., Field Plant, Claiborne Parish, La. Dallas, Tex. 75202. Commission on its own motion believes CI72-168______Monsanto Co. (Operator) et al., Texas Eastern Transmission Corp., p) ______that a formal hearing is required, fur­ B 9-22-71 1300 Post Oak Tower, Houston, Logansport Field, De Sota Parish, Tex. 77027. La. ther notice of such hearing will be duly CI72-169...... Phillips Petroleum Co., Bartles- El Paso Natural Gas Co., Permian M 26.6 14.65 A 9-22-71 ville, Okla. 74004. Basin Area, Ector Plant, Ector given. County, Tex. Under the procedure herein provided CI72-171______The Superior Oil Co., Post Office Michigan Wisconsin Pipe Line Co., 82.0 14.7 A 9-24-71 Box 1521, Houston, TX 77001. Eugene Island Area Block 296, for, unless otherwise advised, it will be Offshore Louisiana. CI72-172...... Monsanto Co., 1300 Post Oak Panhandle Eastern Pipe Line Co., Depleted...... — unnecessary for applicants to appear or B 9-24-71 - Tower, Houston, Tex. 77027. Bond Field, Meade County, be represented at the hearing. Kans.

K e n n e t h F. P lt jm b , Filing code: A—Initial service. B— Abandonment. Secretary. C— Amendment to add acreage. D — Amendment to delete acreage. 1Thls notice does not provide for con­ E — Succession. solidation for hearing of the several matters F — Partial succession. covered herein. See footnotes at end of table.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20628 NOTICES

BANK SECURITIES, INC. Docket No. Price Pres­ and Applicant Purchaser and location per Mcf sure date filed base Notice of Application for Approval of Acquisition of Shares of Bank CI72-173.-.----- . Marathon Oil Co., 1300 Post Oak Texas Eastern Transmission Corp., Depleted . B 9-20-71 Tower, Houston, Tex. 77027. Charlie No. 1 Unit, Logansport Notice is hereby given that application Field, De Soto Parish, La. has been made, pursuant 'to section CI72-174...... Morris Cannan, 16th Floor, Texas Eastern Transmission Corp., 23.35 14.65 A 9-28-71 Milam Bldg., San Antonio, Maxine and Burnell Fields, Live 3(a) (3) of the Bank Holding Company Tex. 78205. Oak and Bee Counties, Tex. Act of 1956 (12 U.S.C. 1842(a)(3)), by CI72-175...... Tenneco Oil Co., Post Office United Gas Pipe Line Co., Cotton 25.0 16.025 Bank Securities, Inc., which is a bank A 9-24-71. Box 2511, Houston, TX 77001. Valley Field, Webster Parish, La. CI72-176-...... Texas Pacific Oil Co., Inc. Northern Natural Gas Co., Ozona Í6.06 14.65 holding company located in Alamogordo, (CS66-137) (successor to Ormand Indus­ (Canyon Sand) Field, Crockett N. Mex., for prior approval by the Board F 9-23-71 tries, Inc.), 1700 One Main PL, County, Tex. Dallas, TX 75250. of Governors of the acquisition by appli­ CI72-177-...... _ Shell Oil Co., One Shell Plaza, United Gas Pipe Line Co., Van 20.0 14.65 cant of 60 percent or more of the voting A 9-29-71 Houston, TX 77001. Field. Van Zandt County, Tex. CI72-178.-...... Gulf Oil Corp., Post Office Box Natural Gas Pipeline Co. of Amer­ ii 19.0 14.65 shares of The First National Bank of 9-28-71 » 1589, Tulsa, OK 74102. ica, Brooks and Jim Wells Coun­ Portales, Portales, N. Mex. ties, Tex. Section 3(c) of the Act provides that CI72-179...... Edwin L. Cox, 3800 First Na- Natural Gas Pipeline Co. of Amer­ 19.300226 14.65 9-27-71 » tional Bank Bldg., Dallas, ica, acreage in Carter County, the Board shall not approve: Tex. 75202. Okla. (1) Any acquisition or merger or con­ CI72-180_____ .. Union Oil Co. of California, Texas Gas Transmission Corp., 8 26.0 15.025 A 10-4-71 Post Office Box 7600, Los South Bosco Field, Acadia Parish, solidation under section 3 which would Angeles, CA 90051. La. result in a monopoly, or which would be CI72-181...... Midwest Oil Corp., 1700 Broad- United Gas Pipe Line Co. et al., 30.0 15.025 in furtherance of any combination or A 10-4-71 way, Denver, CO 80202. Ship Shoa\ Area, Offshore Louisi- conspiracy to monopolize or to attempt CI72-182...... r. Pacific States Gas & Oil Co., c/o Equitable Gas Co., Floyd Well, Depleted . to monopolize the business of banking in B 9-27-71 Louis J. Ramirez in, agent, Gilmer County, W. Va. Van Nuys, Calif. 91408. any part of the United States, or CI72-183_____ .. Sun Oil Co. (successor to Mara- Michigan Wisconsin Pipe Line Co., 18.78 14.65 (CI62-792) thon Oil Co.), Post Office Box Laverne Field, Harper County, (2) Any other proposed acquisition or F 9-27-71 2880, Dallas, TX 75221. Okla. merger or consolidation under section 3 CI72-184...... Ashland Oil, Inc., Post Office Texas Gas Transmission Corp., 18.0 16.025 whose effect in any section of the country A 10-5-71 Box 18695, Oklahoma City,, Manitou Gas Field, Hopkins OK 73118. County, Ky. may be substantially to lessen competi­ tion, or to tend to create a monopoly, or i Leases expired or have been canceled. which in any other manner would be in 8 Applicant proposes to sell gas from additional acreage and to sell additional gas made available by changes in appli­ restraint of trade, unless the Board finds cant’s cycling operations. 8 Application previously noticed Sept. 24,1971, in G-4533 et al., at a rate of 20 cents per Mcf, plus 2.68 cents per Mcf that the anticompetitive effects of the upward B .t.u. adjustment. By letter filed Sept. 2 4 ,1971, applicant amended its application to reflect a rate of 23.0202 - proposed transaction are clearly out­ cents per Mcf, which includes 2.68 cents per Mcf upward B.t.u. adjustment. 8 Amendment to pending application. weighed in the public interest by the 8 Includes 0.33 cent per Mcf tax reimbursement. Subject to upward and downward B.t.u. adjustment. probable effect of the transaction in 8 Subject to upward and downward B.t.u. adjustment. 8 Low production. meeting the convenience and needs of 8 Applicant is willing to accept temporary authorization conditioned to an initial price, not subject to refund, of at the community to be served. least 22 cents per Mcf subject to quality adjustments and treating charges as applicable; however, the contract price is 26.5 cents per Mcf, subject to upward and downward B.t.u. adjustment. Section 3(c) further provides that, in • Includes 0.1319335 cent per Mcf tax reimbursement. every case, the Board shall take into con­ io Excluding B.t.u. adjustment. Subject to upward and downward B.t.u. adjustment. ii Applicant proposes to continue the sale of its own gas heretofore authorized in Docket No. G-9307 to be made sideration the financial and managerial pursuant to Texaco, Inc. (Operator), et al., FPC Gas Rate Schedule No. 93. resources and future prospects of the iJ Applicant is willing .to accept a permanent certificate in conformance with Opinion No. 595. iJ Applicant proposes to continue the sale of his own gas heretofore authorized in Docket No. CI62-273 to be made company or companies and the banks pursuant to Mack Oil Co. (Operator) et al., FPC Gas Rate Schedule No. 2. concerned, and the convenience and [P R Doc.71—15414 Piled 10-26-71;8:45 am] needs of the community to be served. Not later than thirty (30) days after which in any other manner would be the publication of this notice in the Fed­ FEDERAL RESERVE SYSTEM in restraint of trade, unless the Board eral R egister, comments and views re­ finds that the anticompetitive effects of garding the proposed acquisition may be AMERICAN BANCORPORATION, INC. proposed transactions are clearly out­ filed with the Board. Communications Notice of Application for Approval of weighed in the public interest by the should be addressed to the Secretary, Acquisition of Shares of Bank probable effect of the transaction in Board of Governors of the Federal meeting the convenience and needs of Reserve System, Washington, D.C. 20551. Notice is hereby given that application the community to be served. The application may be inspected at the has been made, pursuant to section 3(a) office of the Board of Governors or the (3) of the Bank Holding Company Act Section 3(c) further provides that, in every case, the Board shall take into Federal Reserve Bank of Dallas. of 1956 (12 U.S.C. 1842(a)(3)), by consideration the financial and mana­ American Bancorporation, Inc., which is Board of Governors of the Federal a bank holding company located in St. gerial resources and future prospects of Reserve System, October 20, 1971. Paul, Minn., for prior approval by the the company or companies and the banks concerned, and the convenience and [ seal] T ynan Smith, Board of Governors of the acquisition by Secretary of the Board. applicant of 100 percent of the voting needs of the community to be served. shares (less directors’ qualifying shares) Not later than thirty (30) days after [PR Doc.71-15537 Filed 10-26-71;8:50 am] of Bank of Minneapolis and Trust Co., the publication of this notice in the Minneapolis, Minn. F ederal R egister, comments and views COLUMBIA HOLDING, INC. Section 3(c) of the Act provides that regarding the proposed acquisition may the Board shall not approve: be filed with the Board. Communications Notice of Application for Approval of should be addressed to the Secretary, (1) Any acquisition or merger or con­ Acquisition of Shares of Bank Board of Governors of the Federal solidation under section 3 which would Reserve System, Washington, D.C. 20551. Notice is hereby given that application result in a monopoly, or which would be The application may be inspected at the has been made, pursuant to section 3(a) in furtherance of any combination or (3) of the Bank Holding Company Act conspiracy to monopolize or to attempt office of thé Board of Governors or the Federal Reserve Bank of Minneapolis. of 1956 (12 U.S.C. 1842(a)(3)), by Co­ to monopolize the business of banking lumbia Holding, Inc., which is a bank in any part of the United States, or Board of Governors of the Federal holding company located in Baltimore, (2) Any other proposed acquisition or Reserve System, October 20, 1971. Md., for prior approval by the Board of merger or consolidation under section 3 Governors of the acquisition by applicant [ seal] T ynan Sm ith, whose effect in any section of the country of 100 percent of the voting shares of the may be substantially to lessen competi­ Secretary of the Board. successor by merger to The Equitable tion, or to tend to create a monopoly, or [PR Doc.71-15536 Filed 10-26-71;8:50 am ] Trust Co., Baltimore, Md.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 NOTICES 20629

Section 3(c) of the Act provides that August 12, 1971 (36 F.R. 15074), provid­ following the date of this order, or (b) the Board shall not approve: ing an opportunity for interested persons later than 3 months after the date of this (1) Any acquistion or merger or con­ to submit comments and views with re­ order, unless such period is extended for solidation under section 3 which would spect to the proposal. A copy of the appli­ good cause by the Board or by the Fed­ result in a monopoly, or which would be cation was forwarded to the U.S. Depart­ eral Reserve Bank of Atlanta pursuant in furtherance of any combination or ment of Justice for its consideration. to delegated authority. conspiracy to monopolize or to attempt Time for filing comments and views has By order of the Board of Governors,1 to monopolize the business of banking in expired and all those received have been October 18, 1971. any part of the United States, or considered. (2) Any other proposed acquisition or The Board has considered the applica­ [ seal] T ynan Sm ith, merger or consolidation under section 3 tion in the light of the factors set forth Secretary of the Board. whose effect in any section of the country in section 3(c) of the Act, including the [FR Doc.71-15539 Filed 10-26-71;8:50 am] may be substantially to lessen competi­ effect of the proposed acquisition on com­ tion, or to tend to create a monopoly, or petition, the financial and managerial which in any other manner would be in resources and future prospects of the ap­ 1ST STAN-ISLE CO., INC. restraint of trade, unless the Board finds plicant and the banks concerned, and the that the anticompetitive effects of the convenience and needs of the communi­ Formation of One-Bank Holding proposed transaction are clearly out­ ties to be served, and finds that: Company weighed in the public interest by the Applicant, the fifth largest bank hold­ 1st Stan-Isle Co., Inc., Stanwood, probable effect of the transaction in ing company in the State, -controls 18 Wash., has applied for the Board’s ap­ meeting the convenience and needs of the banks with aggregate deposits of ap­ proval under section 3(a) (1) of the Bank community to be served. proximately $574 million, representing Holding Company Act (12 U.S.C. 1842(a) Section 3(c) further provides that, in 4.1 percent of the deposits held by com­ (1 )) of action whereby applicant would every case, the Board shall take into con­ mercial banks in Florida. (Banking data become a bank holding company through sideration the financial and managerial are as of December 31, 1970, and reflect acquisition of 100 percent of the voting resources and future prospects of the holding company formations and ac­ shares of The First National Bank of company or companies and the banks quisitions approved by the Board through Stanwood, Stanwood, Wash. concerned, and the convenience and September 30, 1971.) Consummation of The application may be inspected at needs of the community to be served. the proposal would add less than one- the Federal Reserve Bank of San Not later than thirty (30) days after half of 1 percent to applicant’s percent­ Francisco. the publication of this notice in the Fed­ age share of such deposits and would not eral R egister, comments and views re­ change its relative position among the Section 3(c) of the Act requires that garding the proposed acquisition may be State’s banking organizations. the Board consider the effect of the pro­ filed with the Board. Communications Bank (deposits of $50 million) is the posed acquisition on competition, the should be addressed to the Secretary, third largest of 14 banks in the Clear­ financial and managerial resources and Board of Governors of the Federal Re­ water area controlling about 12 percent future prospects of the applicant and the serve System, Washington, D.C. 20551. of area deposits. Applicant’s closest bank concerned, and the convenience The application may be inspected at the banking subsidiary to Bank is located 25 and needs of the communities to be office of the Board of Governors or the miles southeast of Bank in Tampa with served. Federal Reserve Bank of Richmond. several intervening banks between this Any person wishing to comment on the subsidiary and Bank and there is no application should submit his views in Board of Governors of the Federal Re­ writing to the Reserve Bank to be re­ serve System, October 20, 1971. present competition between Bank and this or any other of applicant’s subsid­ ceived not later than November 11, 1971. [ seal] T ynan Sm ith, iaries. Additionally, the distances in­ Pursuant to § 222.3(b) of Regulation Secretary of the Board. volved and the natural barrier formed by Y, this application shall be deemed to be [PR Doc.71-15538 Piled 10-26-71:8:50 am] Tampa Bay make it unlikely that any approved on November 26, 1971, unless such competition will develop in the fu­ the applicant is notified to the contrary ture. Bank’s larger competitors are each before that time, or is granted approval FIRST AT ORLANDO CORP. over two and one-half times Bank’s size. at an earlier date. Order Approving Acquisition of Bank Consummation of the proposed acquisi­ Board of Governors of the Federal Re­ tion would not adversely affect competi­ serve System, October 19,1971. Stock by Bank Holding Company tion in any relevant area and would not T ynan Sm ith, In the matter of the application of have an adverse effect on any competing Secretary of the Ifoard. First at Orlando Corp., Orlando, Fla., for bank. approval of acquisition of 90 percent or The financial and managerial re­ [FR Doc.71-15584 Filed 10-26-71;8:52 am] more of the voting shares of the First sources and future prospects of appli­ National Bank and Trust Company of cant, its subsidiary banks, and Bank are Dunedin, Dunedin, Fla. regarded as satisfactory. Considerations MARINE BANCORPORATION There has come before the Board of relating to the banking factors lend some Proposed Retention of Coast weight for approval in that affiliation Governors, pursuant to section 3 (a )(3 ) Mortgage Co. of the Bank Holding Company Act of with applicant would give Bank con­ 1956 (12 U.S.C. 1842(a)(3)) and § 222.3 tinuity of management. Considerations Marine Bancorporation, Seattle,, (a) of Federal Reserve Regulation Y (12 related to the convenience f»nd needs of Wash., a bank holding company, has ap­ CFR 222.3(a)), an application by First the community lend weight for approval plied, pursuant to Section 4(c) (8) of the at Orlando Corp., Orlando, Fla., for the since Bank, through applicant’s assist­ Bank Holding Company Act (12 U.S.C. Board’s prior approval of the acquisition ance, will be able to provide a broader 1843(c)(8)) and § 222.4(b) (2) of the of 90 percent or more of the voting shares and more sophisticated range of services Board’s Regulation Y, for permission to of the First National Bank and Trust for the numerous light industries devel­ retain voting shares of Coast Mortgage Company of Dunedin, Dunedin, Fla. oping in the Clearwater area. It is the Co., Seattle, Wash. Notice of the applica­ (Bank). Board’s judgment that the proposed tion was published between August 2, As required by section 3 (b) of the Act, transaction is in the public interest and 1971, and August 12, 1971, in newspapers the Board gave written notice of receipt should be approved. of general circulation in the following of the application to the Comptroller of It is hereby ordered, On the basis of counties in the State of Washington: the Currency and requested his views and the record, that said application be and recommendation. The Comptroller rec­ hereby is approved for the reasons sum­ 1 Voting for this action: Vice Chairman ommended approval of the application. marized above: Provided, That the ac­ Robertson and Governors Mitchell, Maisel, Notice o f receipt o f th e application was tion so approved shall not be consum­ Brimmer, and SherriU. Absent and not vot­ published in the F ederal R egister on mated (a) before the 30th calendar day ing: Chairman Burns and Governor Daane.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20630 NOTICES

King County, Pierce County, Grays Har­ directors’ qualifying shares) of the suc­ Pursuant to § 222.3(b) of Regulation bor County, Whatcom Comity, Snohom­ cessor by merger to Citizens National Y, this application shall be deemed to be ish County, Kitsap County, Thurston Bank, Englewood, N.J., pursuant to sec­ approved on November 22, 1971, unless County, and Clark County. tion 3(a) (3) of the Bank Holding Com­ the applicant is notified to the contrary The proposed activities of the proposed pany Act of 1956 (12 U.S.C. 1842(a) (3) ). before that time, or is granted approval subsidiary are mortgage lending, servic­ (1971 Federal Reserve Bulletin 684.) at an earlier date. Pursuant to § 262.2(f) (6) of the ing mortgage loans, land development, Board of Governors of the Federal Re­ and sale of credit-related insurance to Board’s rules, applicant requested recon­ serve System, October 19,1971. customers of the applicant (and to sideration of its original proposal and in others to the extent permitted by § 222.4 the alternative submitted an alternatiye T y n a n S m i t h , (a) (9) (ii) (c )). With the exception of proposal which would provide for the Secretary of the Board. land development, such activities have transfer of Citizens National Bank’s [F R Doc.71-15542 Filed 10-26-71;8:50 am] been specified by the Board in § 222.4(a) home office from Englewood, N.J., to of Regulation Y as permissible for bank Tenafly, N.J., where the bank presently holding companies, subject to Board ap­ has a branch office. The Board finds that JACOB SCHMIDT CO. proval of individual proposals in accord­ the request for reconsideration presents ance with the procedures of § 222.4(b). no new issues which would appear appro­ Notice of Application for Approval of The activities of land development are priate for the Board to consider and that Acquisition of Shares of Bank in issue with respect to this application, reconsideration is not otherwise appro­ Notice is hereby given that applica­ to which interested persons may express priate or in the public interest. tion has been made, pursuant to section their views on whether either or both of It is hereby ordered, That the request 3(a) (3) of the Bank Holding Company such activities are so closely related to for reconsideration of the Board’s order Act of 1956 (12 U.S.C. 1842(a)(3)), by banking or managing or controlling dated July 29,1971, is denied. In order to Jacob Schmidt Co., which is a bank hold­ banks as to be a proper incident thereto. facilitate consideration of the alternative ing company located in St. Paul, Minn., The application may be inspected at proposal, comments and views regarding for prior approval by the Board of Gov­ the office of the Board of Governors or the amended proposal may be filed with ernors of the acquisition by Applicant the Federal Reserve Bank of San the Board not later than November 9, of 100 percent of the voting shares (less Francisco. 1971. Communications should be ad­ directors’ qualifying shares) of Bank of Interested persons may express their dressed to the Secretary, Board of Gov­ Minneapolis and Trust Co., Minneapolis, views on the question whether consum­ ernors of the Federal Reserve System, Minn. mation of the proposal can “reasonably Washington, D.C. 20551. The application, Section 3(c) of the Act provides that be expected to produce benefits to the as supplemented, may be inspected at the the Board shall not approve: public, such as greater convenience, in­ office of the Board of Governors or at the (1) Any acquisition or merger or con­ creased competition, or gains in effi­ Federal Reserve Bank of New York. solidation under section 3 which would ciency, that outweigh possible adverse By order of the Board of Governors,1 result in a monopoly, or which would be effects, such as undue concentration of October 18,1971. in furtherance of any combination or resources, decreased or unfair competi­ conspiracy to monopolize or to attempt tion, conflicts of interests, or unsound [ s e a l ] T y n a n S m i t h , to monopolize the business of banking banking practices.” Any request for a Secretary of the Board. in any part of the United States, or hearing on this question, or on the issue [FR Doc.71-15585 Filed 10-26-71;8:52 am] (2) Any other proposed acquisition or of whether land development is closely merger or consolidation under section related to banking or managing or con­ 3 whose effect in any section of the trolling banks as to be a proper incident S C NATIONAL CORP. country may be substantially to lessen thereto, should be accompanied by a Formation of One-Bank Holding competition, or to tend to create a mo­ statement summarizing the evidence the nopoly, or which in any other manner person requesting the hearing proposes to Company would be in restraint of trade, unless the submit or to elicit at the hearing and a S C National Corp., Columbia, S.C., Board finds that the anticompetitive ef­ statement of the reasons why this matter has applied for the Board’s approval fects of the proposed transaction are should not be resolved without a hearing. under section 3(a) (1) of the Bank Hold­ clearly outweighed in the public interest Any views or requests for hearing ing Company Act (12 U.S.C. 1842(a) (1 )) by the probable effect of the transaction should be submitted in writing and re­ of action whereby applicant would be­ in meeting the convenience and needs ceived by the Secretary, Board of Gov­ come a bank holding company through of the community to be served. ernors of the Federal Reserve System, acquisition of 100 percent of the voting Section 3(c) further provides that, in Washington, D.C. 20551, not later than shares (less directors’ qualifying shares) every case, the Board shall take into con­ November 18, 1971. of the successor by merger to The South sideration the financial and managerial Board of Governors of the Federal Carolina National Bank of Charleston, resources and future prospects of the Reserve System, October 18,1971. Charleston, S.C. company or companies and the banks The application may be inspected at concerned, and the convenience and [ s e a l ] T y n a n S m i t h , the Federal Reserve Bank of Richmond. needs of the community to be served. Secretary of the Board. Section 3(c) of the Act requires that Not later than thirty (30) days after [F R Doc.71-15541 Filed 10-26-71;8:50 am ] the Board consider the effect of the pro­ the publication of this notice in the posed acquisition on competition, the fi­ F e d e r a l R e g is t e r , comments and views nancial and managerial resources and regarding the proposed acquistion may MIDLANTIC BANKS, INC. future prospects of the applicant and be filed with the Board. Communications Order on Request for Reconsideration the bank concerned, and the convenience should be addressed to the Secretary, Board of Governors of the Federal Re­ and Alternative Proposal and needs of the communities to be served. £ serve System, Washington, D:C. 20551. This matter comes before the Board of Any person wishing to comment on the The application may be inspected at the Governors on a request for reconsidera­ application should submit his views in office of the Board of Governors or the tion and alternative proposal filed by writing to the Reserve Bank to be re­ Federal Reserve Bank of Minneapolis. Midlantic Banks Inc., concerning the ceived not later than November 8, 1971. Board of Governors of the Federal Board’s order dated July 29, 1971, in Reserve System, October 20, 1971. which the Board denied the application of Midlantic Banks Inc., Newark, N.J., 1 Voting for this action: Chairman Burns [ s e a l ] T y n a n S m i t h , and Governors Robertson, Mitchell, Maisel, Secretary of the Board. for prior approval of the acquisition of Brimmer, and Sherrill. Absent and not vot­ 100 percent of the voting shares (less ing: Governor Daane. [FR Doc.71-15540 Filed 10 - 26- 7 1 ;8:50 am ]

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 NOTICES 20631

U.S. BANCORP Any views or requests for hearing son or by counsel, oral and documentary should be submitted in writing and re­ evidence that is relevant and material Proposed Acquisition of Securities- ceived by the Secretary, Board of Gov­ to the above questions, the Commission Intermountain, Inc. ernors of the Federal Reserve System, will hold an initial public hearing; the Washington, D.C. 20551, not later than O ctober 19, 1971. evidence presented to be considered by November 18, 1971. the Commission in the conduct of its U.S. Bancorp, Portland, Or eg., a bank inquiry. holding company, has applied, pursuant Board of Governors of the Federal Re­ serve System, October 18, 1971. The public hearing will be held at The to section 4(c) (8) of the Bank Holding Breakers, Point Roberts, Wash., on No­ Company Act (12 U.S.C. 1843(c) (8) ) and [ seal] T ynan S m ith, vember 30, 1971, at 10 a.m., local time. § 222.4(b) (2) of the Board’s Regulation Secretary of the Board. Y, for permission to acquire voting shares Depending on the number of persons of Securities-Intermountain, Inc., Port­ [FR Doc.71-15543 Filed 10-26-71:8:51 am] wishing to be heard, the Commission may land, Oreg. Notice of the application was limit the time allotted to each witness. published in newspapers and circulated While not mandatory, written statements are desirable to supplement oral testi­ in :- m POSTAL RATE mony and to insure accuracy of the rec­ Portland, Oreg., The Daily Journal of Com­ ord. When a written statement is pre­ merce, July 22, 1971. sented, thirty (30) copies should be Seattle, W ash., The D aily Journal of Com ­ COMMISSION merce, July 22, 1971. provided for Commission purposes. Ad­ Bellevue, Wash., The Bellevue American, NOTICE OF CHANGE OF LOCATION ditional copies of written statements may July 29,1971. be deposited with the Secretaries at the O ctober 20, 1971. Spokane, Wash., Spokesman-Review, July 22, hearing for distribution to the news 1971. Effective November 1, 1971, the Postal media and others interested. Palo Alto, Calif., Palo Alto Times, July 23, Rate Commission will be located at 2000 1971. L Street NW., Suite 500, Washington, W il l ia m A . B u l l a r d , Secretary, U.S. Section, Interna­ San Diego, Calif., The Daily Transcript, DC. It will function at its present offices July 22, 1971. at 12th and Pennsylvania Avenue NW., tional Joint Commission, The proposed activities of the pro­ Washington, DC, until the close of busi­ Room 203, 1717 H Street NW., Washington, DC 20440, Stop posed subsidiary are mortgage lending, ness, 5:15 p.m., e.d.t., Friday, October 29, No. 86. servicing mortgage loans, construction, 1971. The mailing address will remain real estate development, and sale of Postal Rate Commission, Washington, D. G . C h a n c e , Secretary, Canadian Section, credit-related insurance to customers of D .C .20268. International Joint Commis­ the applicant (and to others to the ex­ G ordon M. G rant, sion, Room 850, 151 Slater tent permitted by § 222.4(a) (9 ) (ii) (c) ). Secretary. With the exception of construction and Street, Ottawa, Ontario K IP [F R Doc.71-15589 Filed 10-26-71:8:54 am ] 5H2. real estate development, such activities have been specified by the Board in O ctober 20, 1971. § 222.4(a) of Regulation Y as permis­ {F R Doc.71-15575 Filed 10-26-71:8:54 am] sible for bank holding companies, sub­ ject to Board approval of individual pro­ INTERNATIONAL JOINT COMMIS­ posals in accordance with the procedures of § 222.4(b). SION-UNITED STATES AND The activities of construction and real PRESIDENT’S COMMISSION ON estate development are in issue with re­ CANADA spect to this application, to which in­ PERSONNEL INTERCHANGE terested persons may express their views POINT ROBERTS, WASH. DESIGNATED OFFICIAL SEAL on whether either or both of such ac­ Initial Public Hearing tivities are so closely related to banking O ctober 21, 1971. or managing or controlling banks as to As previously announced, the Interna­ be a proper incident thereto. tional Joint Commission was requested The President’s Commission on Per­ sonnel Interchange has designated an The application may be inspected at by the Governments of the United States and Canada on April 21, 1971, to investi­ official seal. The seal will appear as set the office of the Board of Governors or forth below. the Federal Reserve Bank of San gate and recommend measures to allevi­ Francisco. ate certain conditions of life of residents Interested persons may express their of Point Roberts, in the State of Wash­ views on the question whether consum­ ington, existing by reason of the fact that mation of the proposal can “reasonably the only connection by land between be expected to produce benefits to the Point Roberts and other territory of the public, such as greater convenience, in­ United States is through Canada. creased competition, or gains in effi­ The International Joint Commission is ciency, that outweigh possible adverse ef­ to make recommendations for the allevi­ fects, such as undue concentration of re­ ation of such problems which include but sources, decreased or unfair competition, are not restricted to: conflicts of interests, or unsound banking Application of customs laws and reg­ practices”. Any request for a hearing on ulations of the United States and this question, or on the issue of whether Canada; regulations governing employ­ construction and real estate development ment in Canada of residents of Point are activities so closely related to bank­ Roberts: Health and medical services; ing or managing or controlling banks as existing arrangements for supply of elec­ to be a proper incident thereto, should tric power and telephone services; and, bo accompanied by a statement sum­ law enforcement. marizing the evidence the person re­ The complete text of the reference is questing the hearing proposes to submit available upon request at the Commis­ or to elicit at the hearing and a state­ sion’s offices in Washington or Ottawa. Joseph T, M cCullen, Jr., ment of the reasons why this matter In order to give those interested con­ Executive Director. should not be resolved without a hearing. venient opportunity to present, in per­ [FR Doc.71-15610 Filed 10-26-71;8:53 am ]

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20632 NOTICES

such service (by affidavit or in case of an York Stock Exchange on the valuation SECURITIES AND EXCHANGE' attorney at law by certificate) shall be date, which will be 1 business day prior filed contemporaneously with the re­ to the closing date, the date the assets COMMISSION quest. At any time after said date as pro­ and shares are to be exchanged. If the vided by Rule 0-5 of the rules and regula­ valuation under the proposed agreement [811-2035} tions promulgated under the Act an order had taken place on June 30,1971, Camel­ CONTINENTAL BANK SECURITY FUND disposing of the matter herein may be is­ leta would have received 229,983 shares sued by the Commission upon the basis of Applicant’s stock. Notice of Filing of Application for of the information stated in the applica­ When received by Camelleta, the Order Declaring that Company has tion, unless an order for hearing upon shares of Applicant are to be distributed Ceased To Be an Investment Com­ said proposal shall be issued upon request to the Camelleta shareholders upon sur­ or upon the Commission’s own motion. render of their certificates representing pany Persons who request a hearing or advice shares of capital stock of Camelleta as a O ctober 20,1971. as to whether a hearing is ordered, will step in the complete liquidation and dis­ Notice is hereby given that Continen­ receive notice of further developments in solution of Camelleta. Applicant has been tal Bank Security Fund (Applicant), 231 this matter, including the date of the advised by the management of Camelleta South La Salle Street, Chicago, IL 60690, hearing (if ordered) and any postpone­ that the stockholders of Camelleta have registered under the Investment Com­ ments thereof. no present intention of redeeming any of pany Act of 1940 (Act) has filed an appli­ Applicant’s shares following the proposed For the Commission, by the Division of cation for an order of the Commission transaction. Corporate Regulation, pursuant to dele­ pursuant to section 8(f) of the Act de­ Applicant may sell a portion of the gated authority. claring that Applicant has ceased to be assets received from Camelleta but it an investment company as defined in the [ seal] R onald F. H unt, represents that its present intention is to Act. All interested persons are referred to Secretary. retain not less than 60 percent in dollar the application on file with the Commis­ [FR Doc.71-15568 Filed 10-26-71;8:51 am] value of the securities acquired. Appli­ sion for a statement of the representa­ cant represents that all securities to be tions therein which are summarized acquired are appropriate portfolio in­ below. [812-2976] vestments in view of its investment On February 25, 1970, Applicant filed INVESTMENT COMPANY OF AMERICA policies. a notification of registrations on Form Applicant represents that no affiliation N-8A pursuant to section 8(a) of the Notice of Filing of Application Order exists between Camelleta or its officers, Act, a registration statement on Form N - Exempting a Proposed Transaction directors or shareholders and Applicant, 8B-1 pursuant to section 8(b) of the Act its officers or directors, and that the pro­ O ctober 19,1971. and a registration statement on Form posed Agreement was negotiated at arm’s S-5 pursuant to the Securities Act of Notice is hereby given that The In­ length by the two companies. Applicant’s 1933. The registration statement under vestment Company of America (Appli­ board of directors approved the proposed the Securities Act of 1933 has never be­ cant) , 611 West Sixth Street, Los Agreement as being beneficial to its come effective. Angeles, CA 90017, a Delaware corpora­ shareholders because, among other Applicant abandoned its intended pub­ tion registered under the Investment things, Applicant will be able to acquire lic offering of its units because of the Company Act of 1940 (Act) as an at one time substantial additions to its decision of the U.S. Supreme Court in open-end, diversified management in­ portfolio securities without affecting “Investment Company Institute v. vestment company, has filed an applica­ the market in the securities acquired Camp,” 401 U.S. 617 (1971), which held tion pursuant to section 6(c) of the Act and without incurring brokerage com­ that the operation of a fund such as Ap­ for an order exempting from the provi­ missions. plicant for the collective investment of sions of sections 22(c) and 22(d) of the Section 22(d) of the Act provides, in funds held by a national bank as man­ Act and 22c-l thereunder a transaction pertinent part, that a registered invest­ aging agent would be illegal under certain in which Applicant’s redeemable securi­ ment company may sell redeemable se­ provisions of the Federal banking laws. ties will be issued at a price other than curities issued by it only at the current As a consequence of that decision, Appli­ the current public offering price in ex­ public offering price described in the cant’s managing board, by resolution change for substantially all of the assets prospectus. The current public offering dated July 31, 1971, terminated Appli­ of the Camelleta Corp. (Camelleta) and price of the shares of Applicant as de­ cant’s existence. at a price other than the price next de­ scribed in the prospectus is net asset Section 8(f) of the Act provides, in per­ termined after the receipt of an order to value plus a sales charge. Thus, section tinent part, that when the Commission, purchase its shares. 22(d)' prohibits the proposed sale of Ap­ upon application, finds that a registered All interested persons are referred to plicant’s shares at net asset value without the application on file with the Commis­ investment company has ceased to be an a sales charge. investment company, it shall so declare sion for a statement of Applicant’s repre­ sentations which are summarized below. Section 22(c) of the Act and Rule by order, and upon the taking effect of 22c-l thereunder, taken together, pro­ Pursuant to the provisions of a pro­ such order the registration of such com­ vide, in pertinent part, that a registered posed Agreement and Plan of Reorgani­ pany shall cease to be in effect. investment company may not issue its zation (Agreement) between Applicant Notice is further given that any inter­ redeemable securities except at a price and Camelleta, substantially all of the ested person may not later than Novem­ based on the current net asset value of assets of Camelleta which had total ber 9, 1971, at 5:30 p.m., submit to the such security which is computed as of the assets of $3,198,820, approximately Commission in writing a request for a close of trading on the New Y o rk Stock $1,400,000 in cash and $1,798,000 in in­ hearing on the matter accompanied by a Exchange next following receipt of an vestment securities, as of June 30, 1971, statement as to the nature of his inter­ order to purchase the security. Because will be transferred to Applicant in ex­ est, the reason for such request and the the valuation date will precede the clos­ change for shares of Applicant’s capital issues, if any, of fact or law proposed to ing date by one business day in the pro­ stock. The shares of Applicant are to be be controverted, or he may request that posed transaction, the provisions of sec- he be notified if the Commission should sold at net asset value without sales ____rfc«w_\ Dnlrt OOa 1 moxr hP charge. The number, of shares of Appli­ order a hearing thereon. Any such com­ to be contravened. munication should be addressed: Secre­ cant to be issued to Camelleta is to be Notice is further given that any in­ tary, Securities and Exchange Commis­ determined by dividing the aggregate terested person may, not later than No­ sion, Washington, D.C. 2P549. A copy of market value (subject to certain adjust­ vember 5, 1971, at 5:30 p.m., submit to such request shall be served personally or ments set forth in detail in the applica­ the Commission in writing a request for a by mail (airmail if the person being tion) of the assets of Camelleta to be hearing on the matter accompanied by a served is located more than 500 miles transferred to Applicant by the net asset statement as to the nature of his interest, from the point of mailing) upon Appli­ value per share of Applicant, both to be the reason for such request and the issues cant at the address stated above. Proof of determined as of the close of the New

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 NOTICES 20633

of fact or law proposed to be contro­ uary 1, 1942, between Penelec and Bank­ [811-1885] verted, or he may request that he be noti­ ers Trust Co., trustee, as heretofore sup­ SYSTEMATICS FUND, INC. fied if the Commission shall order a hear­ plemented and as to be further supple­ ing thereon. Any such communication mented by a supplemental indenture to Notice of Filing of Application for should be addressed: Secretary, Secu­ be dated December 1,1971, and which in­ Order Declaring that Company has rities and Exchange Commission, Wash­ cludes, subject to certain exceptions, a Ceased To Be an Investment Com­ ington, D.C. 20549. A copy of such request prohibition until December 1, 1976, shall be served personally or by mail (air­ against refunding the issue with the pro­ pany mail if the person being served is located ceeds of funds borrowed at a lower in­ O ctober 19, 1971. more than 500 miles from the point of terest cost. Notice is hereby given that Systematics mailing) upon Applicant at the address The proceeds from the sale of the Fund, Inc. (applicant), 100 South stated above. Proof of such service (by bonds will be used toward the payment at Wacker Drive, Chicago, IL 60606, a man­ affidavit or in case of an attorney at law maturity of all Penelec’s First Mortgage agement open-end diversified invest­ by certificate) shall be filed contempo­ Bonds, 3% percent Series, due January 1, ment company registered under the raneously with the request. At any time 1972, which are outstanding in the Investment Company Act of 1940 (A c t), after said date, as provided by Rule 0-5 amount of $32,500,000. Any premium has filed an application pursuant to sec­ of the rules and regulations promulgated realized from the sale of the bonds will tion 8(f) of the Act for an order of the under the Act, an order disposing of the be used for financing the business of Commission declaring that applicant has application herein may be issued by the Penelec, including the payment of ex­ ceased to be an investment company as Commission upon the basis of the infor­ penses of this financing. defined in the Act. All interested persons mation stated in said application, unless The fees and expenses relating to the are referred to the application on file an order for hearing upon said applica­ proposed transaction are estimated at with the Commission for a statement of tion shall be issued upon request or upon $108,000, including legal fees of $34,000 the representations set forth therein the Commission’s own motion. Persons and accounting fees of $5,200. A state­ which are summarized below. who request a hearing or advice as to ment of the fee of counsel for the under­ Applicant registered under the Act on whether a hearing is ordered will receive writers, to be paid by the successful bid­ August 15, 1969, and formal review of notice of further developments in this ders, will be supplied by amendment. said registration statement was deferred matter, including the date of the hearing It is stated that the Pennsylvania Pub­ by the staff until such time as a registra­ (if ordered) and any postponements lic Utility Commission has jurisdiction tion statement on Form S-5 would be thereof. over the proposed issue and sale of bonds filed, and until such time as applicant by Penelec. It is further stated that no For the Commission, by the Division of contemplated a sale of its securities to other State commission and no Federal the public. Corporate Regulation, pursuant to dele­ commission, other than this Commis­ gated authority. Applicant represents that at no time sion, has jurisdiction over the proposed have there been more than 21 direct [ seal] R onald F. H u n t , transaction. holders of its stock, that registration Secretary. Notice is further given that any inter­ pursuant to the Act was made only be­ [FR Doc.71-15569 Filed 10-26-71,*«:51 am] ested person may, not later than No­ cause Market Facts, Inc., a Delaware vember 17, 1971, request in writing that corporation, which is publicly owned, was a hearing be held on such matter stating the owner of 30.30 percent of applicant’s [70-5099] the nature of his interest, the reasons common stock, and that pursuant to sec­ PENNSYLVANIA ELECTRIC CO. for such request, and the issues of fact tion 3(c) (1) of the Act, the stockholders or law raised by said application which of Market Facts, Inc., were deemed to be Notice of Proposed Issue and Sale of he desires to controvert; or he may re­ the stockholders of the registrant. First Mortgage Bonds at Competi­ quest that he be notified if the Commis­ Applicant further represents that its tive Bidding sion should order a hearing thereon. Any directors have determined that the such request should be addressed: Secre­ shares of applicant will never be offered O ctober 20, 1971. tary, Securities and Exchange Commis­ for sale to the public and that it is in­ Notice is hereby given that Pennsyl­ sion, Washington, D.C. 20549. A copy of advisable to continue the operation of the vania Electric Co. (Penelec), 1001 Broad such request should be served personally business- of applicant. Accordingly the Street, Johnstown, PA 15907, an electric or by mail (airmail if the person being directors of applicant adopted a plan of utility subsidiary company of General served is located more than 500 miles liquidation and dissolution pursuant to Public Utilities Corp. (G P U ), a registered from the point of mailing) upon the ap­ Delaware law, and said plan was unani­ holding company, has filed an applica­ plicant at the above-stated address, and mously ratified and approved by the tion with this Commission pursuant to proof of service (by affidavit or, in case stockholders of applicant on June 30, the Public Utility Holding Company Act of an attorney at law, by certificate) 1§71. A certificate of dissolution was filed of 1935 (Act), designating section 6(b) should be filed with the request. At any with the secretary of State of the State of the Act and Rule 50 promulgated time after said date, the application, as of Delaware on September 13, 1971. thereunder as applicable t6 the following filed or as it may be amended, may be Section 8(f) of the Act provides, in' proposed transaction. All interested per­ granted as provided in Rule 23 of the pertinent part, that when the Commis­ sons are referred to the application, general rules and regulations promul­ sion, upon application, finds that a regis­ which is summarized below, for a com­ gated under the Act, or the Commission tered investment company has ceased to plete statement of the proposed may grant exemption from such rules as be an investment company, it shall so transaction. provided in Rules 20(a) and 100 thereof declare by order, and upon the taking or take such other action as it may deem Penelec proposes to issue and sell, sub­ effect of such order the registration of ject to the competitive bidding require­ appropriate. Persons who request a hear­ ments of Rule 50, $30 million principal ing or advice as to whether a hearing is such company shall cease to be in effect. amount of first mortgage bonds,______ordered will receive notice of further de­ Notice is further given that any inter­ percent series due December 1, 2001. The velopments in this matter, including the ested person may not later than Novem­ interest rate (which shall be a multiple date of the hearing (if ordered) and any ber 19, 1971, at 5:30 p.m., submit to the postponements thereof. of one-eighth of 1 percent) and the price, Commission in writing a request for a exclusive of accrued interest (which shall For the Commission, by the Division hearing on the matter accompanied by be not less than 100 percent nor more of Corporate Regulation, pursuant to a statement as to the nature of his inter­ than 102.75 percent of the principal delegated authority. est, the reason for such request and the amount thereof) will be determined by [ seal] R onald F. H u n t , issues, if any, of fact or law proposed to the competitive bidding. The bonds will Secretary. be controverted, or he may request that be issued under an Indenture dated Jan­ [FR Doc.71-15570 Filed 10-26-71;8:51 am ] he be notified if the Commission should

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 No. 207——9 20634 NOTICES order a hearing thereon. Any such com­ statement pursuant to Rule 477 under transactions. All Interested persons are munication should be addressed: Secre­ the Securities Act of 1933. referred to the declaration, which is tary, Securities and Exchange Commis­ Section 3(c) (1) of the Act excepts summarized below, for a complete state­ sion, Washington, D.C. 20549. A copy of from the definition of investment com­ ment of the proposed transactions. such request shall be served personally pany any issuer whose outstanding secu­ Wisconsin proposes to issue and sell, or by mail (airmail if the person being rities are beneficially owned by not more from time to time commencing Decem­ served is located more than 500 miles than 100 persons, and which is not mak­ ber 1, 1971, its unsecured promissory from the point of mailing) upon Appli­ ing and does not presently propose to notes to banks maturing on or before cant at the address stated above. Proof mhke a public offering of its securities. November 30,1972, in varying amounts as of such service (by affidavit or in case of Section 8(f) of the Act provides, in funds are required, in an aggregate prin­ an attorney at law by certificate) shall pertinent part, that when the Commis­ cipal amount not to exceed $20 million be filed contemporaneously with the re­ sion, upon application, finds that a reg­ at any one time outstanding. The notes quest. At any time after said date, as istered investment company has ceased will be dated when issued, and will bear provided by Rule 0-5 of the rules and to be an investment company, it shall so interest at the prime rate in effect at regulations promulgated under the Act, declare by order, and upon the taking First National City Bank, New York, an order disposing of the matter herein effect of such order the registration of N.Y., on the date of issue. The interest may be issued by the Commission upon such company shall cease to be in effect. rate will be adjusted to the prime rate the basis of the information stated in the Notice is further given that any inter­ in effect at such bank at the beginning application, unless an order for hearing ested person may, not later than Novem­ of each 90-day period subsequent to the upon said application shall be issued ber 19, 1971, at 5:30 pjn., submit to the date of the first borrowing. There is no upon request or upon the Commission’s Commission in writing a request on the commitment fee or closing or other own motion. Persons who request a hear­ matter accompanied by a statement as charges, and the proposed notes may be ing, or advice as to whether a hearing is to the nature of his interest, the reason prepaid at any time without penalty. ordered, will receive notice of further for such request and the issues, if any, of Wisconsin is required to maintain com­ developments in this matter, including fact or law proposed to be controverted, pensating balances with the banks, which the date of the hearing (if ordered) and or he may request that he be notified if results in an increase in the effective in­ any postponements thereof. the Commission should order a hearing terest cost by approximately iy4 percent For the Commission, by the Division thereon. Any such communication should above the present prime rate of 6 of Corporate Regulation, pursuant to be addressed: Secretary, Securities and percent. delegated authority. Exchange Commission, Washington, D.C. The banks and their commitments are 20549. A copy of such request shall be as follows: [ seal] R onald P. H u n t , served personally or by mail (airmail if Secretary. First Wisconsin National Bank of the person being served is located more Milwaukee, Wis ______$6,000,000 [PR Doc.71-15571 Filed 10-26-71;8:51 am] than 500 miles from the point of mailing) Marshall & Hsley Bank, Milwau­ upon Applicant at the address stated kee, W is ______5,000,000 above. Proof of such service (by affidavit First National City Bank, New [811-2140] or in case of an attorney at law by York, N.Y_.______4,000,000 Manufacturers Hanover Trust UNITED BANK FUND certificate) shall be filed contempora­ Co., New York, N.Y ______3,000,000 neously with the request. At any time Notice of Filing of Application for Marine National Exchange Bank, after said date as provided by Rule 0-5 Milwaukee, Wis______2,000,000 Order Declaring That Company Has of the rules and regulations promulgated Ceased To Be an Investment Com­ under the Act, an order disposing of the T otal 20,000,000 pany application herein may be issued by the Wisconsin intends to use the amounts O ctober 19, 1971. Commission upon the basis of the infor­ borrowed on the notes to retire outstand­ mation stated in said application unless Notice is hereby given that United ing notes estimated to aggregate $7 mil­ an order for hearing upon said applica­ Bank Fund, 1740 Broadway, Denver, CO lion at December 1, 1971, issued for tion shall be issued upon request or upon 80217, the proposed commingled invest­ financing construction, and to finance the Commission’s motion. Persons who ment account of United Bank of Denver partially its 1971-72 construction pro­ request a hearing or advice as to whether National Association (Applicant), and a gram, which for the year 1971 is estimat­ a hearing is ordered will receive notice diversified open-end management invest­ ed at $16,244,000. Wisconsin presently of further developments in this matter, ment company which is registered under contemplates that funds required to re­ including the date of the hearing (if the Investment Company Act of 1940 tire the proposed notes will be otbained ordered) and any postponements thereof. (A ct), has filed an application pursuant from the saie of long-term debt securi­ to section 8(f) of the Act for an order For the Commission, by the Division of ties and that any additional funds re­ of the Commission declaring that Appli­ Corporate Regulation, pursuant to dele­ quired will be generated internally, in­ cant has ceased to be an investment gated authority. cluding retained earnings. company as defined in the Act. All inter­ The fees and expenses in connection [ seal] R onald F. H u n t , ested persons are referred to the appli­ Secretary. with the proposed issue and sale of notes cation on file with the Commission for a are estimated at $1,750, including $750 statement of the representations con­ [PR Doc.71-15572 Plied 10-26-71; 8:51 am] for counsel fees. The filing states that tained therein which are summarized no State commission and no Federal below. [70-5095] ^commission, other than this Commis­ Applicant registered under the Act on sion, has jurisdiction over the proposed November 6, 1970, by. filing both a noti­ WISCONSIN GAS CO. transactions. fication of registration on Form N-8A Notice of Proposed Issue and Sale of Notice is further given that any in­ and a registration statement on Form Short-Term Notes to Banks terested person may, not later than No­ N-8B-1. On the same date registration vember 11, 1971, request in writing that statement on Form S-5 was filed with O ctober 20,1971. a hearing be held on such matter, stat­ the Commission under the Securities Act Notice is hereby given that Wisconsin ing the nature of his interest, the rea­ of 1933. Gas Co. (Wisconsin), 626 East Wiscon­ sons for such request, and the issues of Applicant represents that it has never sin Avenue, Milwaukee, W I 53201, a gas fact or law raised by said declaration offered or sold any of its securities, and utility subsidiary company of American which he desires to controvert; or he may that it has never had, and does not pres­ Natural Gas Co., a registered holding request that he be notified if the Com- ently, have any assets or shareholders. company, has filed a declaration with this oission should order a hearing thereon, Applicant also represents that it has Commission pursuant to the Public oiy such request should be addressed: abandoned its plans to make a public Utility Holding Company Act of 1935 Secretary, Securities and Exchange offering of its securities, and has re­ (A ct), designating sections 6 and 7 Commission, Washington, D.C. 20549. A quested withdrawal of its registration thereof as applicable to the proposed opy of such request should be served

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 NOTICES 20635

personally or by mail (airmail if the MC 107227 Sub 118, Insured Transporters, reflected in the Official Docket of the person being served is located more than Inc., assigned November 29, 1971, at Phoe­ Commission. An attempt will be made to 500 miles from the point of mailing) up­ nix, Ariz., canceled and reassigned to No­ publish notices of cancellation of hear­ vember 29, 1971, in the New Mexico State on the declarant at the above-stated Corporation Commission, Santa Fe, N. Mex. ings as promptly as possible, but inter­ address, and proof of service (by affi­ MC 75651 Sub 69, R. C. Motor Lines, Inc., ested parties should take appropriate davit or, in case of an attorney at law, assigned November 29, 1971, Room 1035, steps to insure that they are notified of 5y certificate) should be filed with the Federal Building, 400 North Eighth Street, cancellation or postponements of hear­ request. At any time after said date, the Richm ond, VA. ings in which they are interested. declaration, as filed or as it may be MC-F-11262, Consolidated Freightways Cor­ poration of Delaware—Purchase (Por­ MC 61592 Sub 206, Jenkins Truck Line, Inc., amended, may be permitted to become assigned December 6, 1971, in Room 1614, tion)— Lewisburg Transfer Co., Inc., now effective as provided in Rule 23 of the Everett McKinley Dirksen Building, 219 assigned December 6, 1971, at Washington, South Dearborn Street, Chicago IL. general rules and regulations promul­ D.C., postponed to December 7, 1971, same MC 82492 Sub 50, Michigan & Nebraska Tran­ gated under the Act, or the Commission tim e and place. sit Co., Inc., and MC 100449 Sub 22, Mal- may grant exemption from such rules M C 110264 S u b 43, A lbu q u erqu e Phoenix linger Truck Line, Inc., assigned December as provided in Rules 20(a) and 100 there­ Express, Inc., now assigned hearing Decem­ 7, 1971, in Room 1614, Everett McKinley ber 13, 1971, in Room 1010, Federal Build­ of or take such other action as it may Dirksen Building, 219 South Dearborn ing, 230 North First Avenue, Phoenix, AZ. deem appropriate. Persons who request Street, Chicago, IL. MC-C-7567, Lawrence E. Troutman— Inves­ a hearing or advice as to whether a hear­ MC 103993 Sub 609, Morgan Drive-Away, Inc., tigation of Operations, now assigned hear­ ing is ordered will receive notice of fur­ assigned December 8, 1971, in Room 1614, ing December 6, 1971, in Room 147B, New Everett McKinley Dirksen Building, 219 ther developments in this matter, includ­ Federal Building, 601 East 12th Street, South Dearborn Street, Chicago, IL. ing the date of the hearing (if ordered) Kansas City, M O. MC 103993 Sub 619, Morgan Drive-Away, Inc., and any postponements thereof. MC—F-11170, Hyman Freightways, Inc.— Con­ assigned December 9, 1971, in Room 1614, trol—Tri-D Truck Line, now assigned For the Commission, by the Division Everett McKinley Dirksen Building, 219 hearing December 7, 1971, in Room 829, South Dearborn Street, Chicago, IL. of Corporate Regulation, pursuant to U.S. Courthouse, 811 Grand Avenue, Kan­ MC 113434 Sub 45, Gra-Bell Truck Line, Inc., delegated authority. sas City, M O. and MC 114457 Sub 106, Dart Transit Co., MC 113267 Sub 259, Central & Southern [ seal] R onald P. H u n t , assigned December 10, 1971, in Room 1614, Truck Lines, Inc., now assigned hearing Secretary. Everett McKinley Dirksen Building, 219 Decem ber 9, 1971, in Room 829, U.S. Court­ South Dearborn Street, Chicago, IL. [FR Doc.71-15573 Piled 10-26-71;8:51 am ] house, 811 Grand Avenue, Kansas City, MO. MC 133777 Sub 5, Metal Carriers, Inc., now Finance Docket No. 26592, Chicago, Rock being assigned hearing December 2, 1971, in Island and Pacific Railroad Co.— Trackage Room 3A19 Federal Building, 1100 Com­ Rights— Burlington Northern, Inc., Nettle- merce Street, Dallas, TX. ton and St.'Joseph, Mo., FD 26593, Chicago INTERSTATE COMMERCE MC 135435 Dale Smart, doing business as Dale Rock Island and Pacific Railroad Co., Smart Trucking, now being assigned hear­ Abandonment, Jamesport and St. Joseph in ing Decem ber 2, 1971, in R oom 3A19, F ed­ Davies, De Kalb, and Buchanan Counties, COMMISSION eral Building, 1100 Commerce Street, Mo., F D 26594, Chicago, Rock Island and Dallas, TX. Pacific Railroad Co., Construction, Nettle- ASSIGNMENT OF HEARINGS MC 22254 Sub 54, Trans-American Van Serv­ ton and St. Joseph in Davies, De Kalb, and ice, Inc., assigned December 13, 1971, in O c t o b e r 20,1971. Buchanan Counties, Mo., now assigned Room 1614, Everett McKinley Dirksen Cases assigned for hearing, postpone­ hearing December 1, 1971, in Room 301 Building, 219 South Dearborn Street, Chi­ ment, cancellation, or oral argument ap­ City Hall, 11th Frederick Street, St. Joseph, cago, IL. MO. pear below and will be published only MC 115840 Sub 58, Colonial Fast Freight MC 124211 Sub 181, Hilt Truck Line, Inc., Lines, Inc., postponed continued hearing once. This list contains prospective as­ assigned December 2, 1971, at Denver, signments only and does not include to December 8, 1971, in the Roosevelt Hotel, Colo., postponed indefinitely. 123 Baronne, New Orleans, LA. cases previously assigned hearing dates. MC 121060 Sub 8, Arrow Truck Lines, Inc., MC 117589 Subs 15 and 17, Provisioned The hearings will be on the issues as pres­ now assigned November 1, 1971, at Mont­ Frozen Express, Inc., now assigned Novem­ ently reflected in the Official Docket gomery, Ala., postponed to November 29, ber 15, 1971, at Seattle, Wash., postponed of the Commission. An attempt will be 1971, at Birmingham, Ala. to December 6, 1971, in Room 1155, Federal made to publish notices of cancellation MC 52709 Sub 313, Ringsby Truck Lines, Inc., Building, 909 First Avenue, Seattle, WA. of hearings as promptly as possible, but hearing not called (e), application dis­ MC-F-11176, Kroblin Refrigerated Xpress, missed. Inc.— Purchase (Portion)— Eazor Express, interested parties should take appropri­ MC 115841 Sub 404, Colonial Refrigerated ate steps to insure that they are notified Inc., now assigned hearing January 10, Transportation, Inc., assigned December 1, 1972, at the Offices of the Interstate Com­ of cancellation or postponements of 1971, at Dallas, Tex., postponed in­ merce Commission, Washington, D.C. definitely. hearings in which they are interested. MC-F-11174, George Transfer and Rigging No. 35401, Greyhound Lines, Inc., Continen­ MC 86913 Sub 33, Eastern Motor Lines, Inc., Co., Inc.— Control and Merge— Mack Broth­ tal Trail ways, Inc., Chrysler Corp., and assigned January 10, 1972, at the Offices ers, Inc., now being assigned hearing Janu­ David E. Willis— investigation of opera­ of the Interstate Commerce Commission, ary 12, > 1972, at the Offices of the Inter­ tions practices. Washington, D.C. state Commerce Commission, Washington, No. 35085, Edward S. Watts, et al. v. Mis- MC 117574 Sub 203, Daily Express, Inc., as­ D.C. souri-Kansas-Texas Railroad Co., hearing signed December 9, 1971, at the Offices of room now assigned in Room 5A15, New MC—F-11206, Distributors Service Co.— Pur­ the Interstate Commerce Commission, Federal Building,. 1100 Commerce Street, chase (Portion)— Cambeis Trucking Co., Washington, D.C. Dallas, TX, on December 1, 1971. Inc., now assigned hearing January 19, MC 128273 Sub 96, Midwestern Express, Inc., 1972, at the Offices of the Interstate Com­ assigned December 13, 1971, at the Offices [ s e a l ] R o b e r t L . O s w a l d , merce Commission, Washington, D.C. of the Interstate Commerce Commission, Secretary. M C 93944 Sub 9, D an ella Bros., Inc., and M C Washington, D.C. 123502 Sub 34, Free State Truck Service, [FR Doc.71-15595 Filed 10-26-71;8:53 am ] MC 135581, T & M Trucking Corp., assigned Inc., now assigned November 8, 1971, can­ December 9, 1971, at the Offices o f the celed and transferred to modified proce­ Interstate Commerce Commission, Wash­ ASSIGNMENT OF HEARINGS dure. ington, D.C. MC—F—11193, Midwest Emery Freight System, MC 60157 Sub 14 et al., C. A. White Trucking O c t o b e r 21, 1971. Inc.— Control— Laskas Motor Lines, Inc., Co., now assigned November 22, 1971, at now assigned hearing January 17, 1972, at Cases assigned for hearing, postpone­ the Offices of the Interstate Commerce the Offices of the Interstate Commerce ment, cancellation or oral argument ap­ Commission, W ashington, D.C. Commission, Washington, D.C. pear below and will be published only MC 9644 Sub 1, B. T. L., Inc., now assigned MC—F—11146, Champion Investments, Inc.— N ovem ber 8, 1971, at Jefferson City, Mo., once. This list contains prospective as­ Control— Paceway, Inc., now being assigned canceled and reassigned to B o om 514, signments only and does not include cases hearing January 19, 1972, at the Offices of Muehlebacih Hotel, 12th and Baltimore, previously assigned hearing dates. The the Interstate Commerce Commission, K ansas City, MO, same day and time. hearings will be on the issues as presently W ashington, D.C.

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20636 NOTICES

MC-F-11209, H. C. Gabler, Inc.— Purchase— BROWNIE’S SERVICE, INC., 529 Jones Westfield, Mass. 01085 (Paul J. Ries). John E. Foley, District Director, Internal Avenue, Oak Hill, W V 25901. Applicant’s Send protests to: District Supervisor Lyle Revenue Service, now being assigned hear­ representative: Patrick R. Hamilton, D. Heifer, Interstate Commerce Commis­ ing January 19, 1972, at the Offices of the Hamilton Arcade Building, Oak Hill, W. sion, Bureau of Operations, 135 West Interstate Commerce Commission, Wash­ Va. 25901. Authority sought to operate Wells Street, Room 807, Milwaukee, WI ington, D.C. M C 61592 S u b 210, Jenkins T ruck Line, Inc., as a common carrier, by motor vehicle, 53203. over irregular routes, transporting: Min­ assigned November 29, 1971, in Room 314, No. MC 112617 (Sub-No. 294 T A )» filed Federal Annex Building, 135 South State ing machinery, and equipment and parts October 12, 1971. Applicant: LIQUID Street, Salt Lake City, UT. thereof, and materials, supplies, ma­ TRANSPORTERS, INC., Post Office Box MC 135597 Sub 2, Doing business'as Straight chinery, and equipment used in the in­ 21395, 1292 Fern Valley Road, 40219, Arrow Trucking Co., assigned December 1, stallation and operation of mining facil­ Louisville, K Y 40221. Applicant’s repre­ 1971, in Room 314, Federal Annex Building, ities, except commodities the transporta­ 135 South State Street, Salt Lake City, UT. sentative : Charles R. Dunford (same ad­ tion of which because of size or weight MC 133496 Sub 3, Diehl Lumber Transporta­ dress as above). Authority sought to op­ require the use of special equipment, tion Co., assigned November 30, 1971, in erate as a common carrier, by motor between the Long-Airdox Co. (a division Room 314, Federal Annex Building, 135 vehicle, over irregular routes, transport­ South State Street, Salt Lake City, UT. of the Marmon Group, Inc.), plant at Wumo, Pulaski County, Va., on the one ing: Jet fuel, in bulk, in tank vehicles, [ seal] R obert L. O sw ald , hand, and, on the other, mine sites and from Ashland Oil, Inc., Covington, Ky., Secretary. other Long-Airdox Co. plants in Ala­ to Boeing Air Craft Corp., Wichita, [FR Doc.71-15596 Filed 10-26-71;8:53 am] bama, Illinois, Indiana, Kentucky, Mary­ Kans., for 180 days. Supporting shipper: land, Ohio, Pennsylvania, Tennessee, Curtis L. Wagner, Jr., Chief, Regulatory Law Office, Department of the Army, [Notice 383] Virginia, and West Virginia, for 180 days. Supporting shipper: Long-Airdox Co. Office of the Judge Advocate General, MOTOR CARRIER TEMPORARY (a division of the Marmon Group, Inc.), Washington, D.C. 20310. Send protests AUTHORITY APPLICATIONS Oak Hill, W . Va. 25901, Attention: to: Wayne L. Merilatt, District Super­ Mr. W . E. Meador, Vice President and visor, Interstate Commerce Commission, O ctober 20, 1971. General Manager. Send protests to: H. R. Bureau of Operations, 426 Post Office The following are notices of filing of White, District Supervisor, Interstate Building, Louisville, Ky. 40202. applications for temporary authority Commerce Commission, 3108 Federal Of­ No. MC 114604 (Sub-No. 9 TA), filed under section 210a(a) of the Interstate fice Building, 500 Quarrier Street, October 13, 1971. Applicant: CAUDELL Commerce Act provided for under the Charleston, W V 25301. TRANSPORT, INC., State Farmers Mar­ new rules of Ex Parte No. MC—67 (49 CFR No. MC 111401 (Sub-No. 350 T A ), filed ket, Building 33, Forest Park, GA 30050. Part 1131) published in the F ederal R eg­ October 12, 1971. Applicant: GROEN- Applicant’s representative: Frank D. ister, issue of April 27, 1965, effective DYKE TRANSPORT, INC., Post Office Hall, Suite 713, 3384 Peachtree Road NE., July 1, 1965. These rules provide that Box 632, 2510 Rock Island Boulevard, Atlanta, G A 30326. Authority sought to protests to the granting of an applica­ Enid, OK 73701. Applicant’s representa­ operate as a common carrier, by motor tion must he filed with the field official tive: Victor R. Comstock (same address vehicle, over irregular routes, transport­ named in the F ederal R egister publica­ as above). Authority sought to operate ing: Glass containers, from Macon, Ga.-, tion, within 15 calendar days after the as a common carrier, by motor vehicle, to Pabst Brewery at Pabst, Ga. (at or date of notice of the filing of the appli­ over irregular routes, transporting: near Perry, Ga.) restricted to traffic hav­ cation is published in the F ederal R eg­ Methyl methylacrylate monomer, in ing a prior interstate rail movement, for ister. One copy of such protests must be bulk, in tank vehicles, from Woodstock, 180 days. Supporting shipper: Owens- served on the applicant, or its author­ Tenn;, to ports of entry on the interna­ Illinois Glass Co., Post Office Box 1035, ized representative, if any, and the pro­ tional boundary line between the United Toledo, OH 43601. Send protests to: Wil­ tests must certify that such service has States and Mexico, located in Texas, for liam L. Scroggs, District Supervisor, Bu­ been made. The protests must be specific 180 days. Supporting shipper: Du Pont, reau of Operations, Interstate Commerce as to the service which such protestant G. W. Fillingame, Manager, Coijnmon Commission, Room 309,1252 West Peach­ can and will offer, and must consist of Carrier Trucking Section, Wilmington, tree Street NW., Atlanta, GA 30309. a signed original and six copies. Del. 19898. Send protests to: C. L. Phil­ A copy of the application is on file, No. MC 115496 (Sub-No. 14 TA), filed lips, District Supervisor, Interstate Com­ October 13, 1971. Applicant: LUMBER and can be examined at the Office of the merce Commission, Bureau of Opera­ Secretary, Interstate Commerce Com­ TRANSPORT, INC., Box 111, Whipple tions, Room 240, Old Post Office Building, Street, Cochran, G A 31014. Applicant’s mission, Washington, D.C., and also in 215 Northwest Third, Oklahoma City, representative: James L. Flemister, 1300 field office to which protests are to be O K 73102. First Federal Building, Atlanta, Ga. transmitted. No. MC 111868 (Sub-No. 2 T A ), filed 30303. Authority sought to operate as a M otor C arriers of P roperty October 12, 1971. Applicant: JOHN common carrier, by motor vehicle, over N o. MC 51146 (Sub-No. 235 T A ), filed HENNES TRUCKING COMPANY, 320 irregular routes, transporting: Lumber, October 12, 1971. Applicant: SCHNEI­ South 19th Street, Post Office Drawer from Union City, Ga., to points in North DER TRANSPORT & STORAGE, INC„ 10-H, Milwaukee, W I 53201. Applicant’s Carolina, for 180 days. Supporting ship­ 2661 South Broadway, 54304, Post Office representative: William C. Dineen, 412 per: Richmond Lumber, Inc., Post Office Box 2298, Green Bay, W I 54306. Appli­ Empire Building, 710 North Plankinton Box 691, Union City, Ga. Send protests cant’s representative: D. F. Martin (same Avenue, Milwaukee, W I 53203. Authority to: William L. Scroggs, District Super­ address as above) . Authority sought to sought to operate as a contract carrier, visor, Interstate Commerce Commission, operate as a common carrier, by motor by motor vehicle, over irregular routes, Bureau of Operations, Room 309, 1252 vehicle, over irregular routes, transport­ transporting: Such merchandise as is West Peachtree Street NW, Atlanta, GA ing: Aluminum cans, from Edison, N.J., dealt in by Stanley Home Products, Inc., 30309. to South Bend, Ind., and Evansville, Ind., from the plantsite of said shipper at No. MC 118831 (Sub-No. 86 TA), filed for 180 days. Supporting shipper: Kaiser Dubuque, Iowa, to dealers of Stanley October 12, 1971. Applicant: CENTRAL Aluminum & Chemical Corp., 300 Lake­ Home Products, Inc., located at points TRANSPORT INCORPORATED, Post side Drive, Oakland, CA 94604 (Michael in Jo Daviess, Stephenson, Winnebago, Office Box 5044, Uwharrie Road, 27263, Goldsmith, Manager— Rate Negotia­ Boone, Carroll, Ogle, De Kalb, White- High Point, NC 27261. Applicant’s repre­ tions) . Send protests to: District Super­ side, Lee, Henry, Bureau, La Salle, Knox, sentative: Richard Shaw (same address visor Lyle D. Heifer, Interstate Com­ Stark, Marshall, Livingston, Peoria, as above). Authority sought to operate merce Commission, Bureau of Opera­ Woodford, Tazewell, McLean, and Put­ as a common carrier, by motor vehicle, tions, 135 West Wells Street, Room 807, nam Counties, HI., for the account of over irregular routes, transporting: Syn­ Milwaukee, W I 53203. Stanley Home Products, Inc.,' of West- thetic plastic granules, in bulk, from No. MC 104678 (Sub-No. 5 TA), field, Mass., for 150 days. Supporting points in Greenville County, S.C., to points in Cleveland County, N.C., for 180 filed October 12, 1971. Applicant: shipper: Stanley Home Products, Inc.,

FEDERAL REGISTER, VOL. 36, NO. 207~W EDNESDAY, OCTOBER 27, 1971 NOTICES 20637

days. Supporting shipper: Fiber Indus­ Building and U.S. Courthouse, 110 South No. M C 135957 TA (Correction), filed tries, Inc., Post Office Box 10038, Charl­ Fourth Street,. Minneapolis, M N 54401. September 7, 1971, published F ederal otte, NC 28201. Send protests to: Archie R egister, September 18, 1971, corrected No. MC 129475 (Sub-No. 8 TA), W. Andrews, District Supervisor, Inter­ filed October 13, 1971. Applicant: CAR- and republished in part as corrected this state Commerce Commission, Bureau of issue. Applicant: POC, INC., doing busi­ RELL TR U C K IN G CO., INC., Post Office Operations, Post Office Box 26896, ness as DREXEL M O VIN G AND STOR­ Box 186, Monroe, GA 30655. Applicant’s Raleigh, NC 27611. AGE CO., 747 West Rialto Avenue, San representative: William Addams, Suite Bernardino, CA 92410. Applicant’s rep­ No. MC 123476 (Sub-No. 12 T A ) 527, 1776 Peachtree Street NW., Atlanta, resentative: John Paul Fischer, 140 (Amendment), filed September 29, 1971, G A 30309. Authority sought to operate as Montgomery Street, San Francisco, CA. published F ederal R egister October 16, a contract carrier, by motor vehicle, over N ote : The purpose of this partial repub­ 1971, amended and republished as irregular routes, transporting: Such mer­ lication is to include the territority de­ amended this issue. Applicant: CURTIS chandise as is sold by chain department scription between points in Riverside, TRANSPORT, INC., 1334 Lonedell Road, stores, between the warehouses of Sears, Ventura, Santa Barbara, Imperial, and Arnold, MO 63010. Authority sought to Roebuck & Co., at Atlanta, Ga., on the Kern Counties, Calif., which were inad­ operate as a common carrier, by motor one hand, and, on the other Ridgeland, vertently omitted from previous publica­ vehicle, over irregular routes, transport­ S.C., for 180 days. Supporting shipper: tion, and to reflect San Luis Obispo ing: Liquefied petroleum gas, in bulk, Sears, Roebuck & Co., 675 Ponce de Leon County, Calif., in lieu of Luis Obispo in tank vehicles, from The Phillips Pipe Avenue NE., Atlanta, GA 30308. Send County, Calif. The rest of the application Line Terminal at or near Jefferson City, protests to: William L. Scroggs, District remains the same. Mo., to Mammouth Springs, Melbourne, Supervisor, Interstate Commerce Com­ Hardy, and Horse Shoe Bend, Ark., and mission, Bureau of Operations, Room 309, No. MC 136046 (Sub-No. 2 T A ), filed Quincy, Rushville, and Marblehead, HI., 1252 West Peachtree Street NW., Atlanta, October 13, 1971. Applicant: AIR LAND for 180 days. Supporting shipper : Empire G A 30309. TRANSPORT, INC., Route 2, Box 341, Gas Corp., Post Office Box 303, Lebanon, Newnan, GA 30263. Applicant’s repre­ No. MC 134286 (Sub-No. 14 TA) (Cor­ MO 65536. Send protests to: District sentative: Archie B. Culbreth, Suite 417, rection), filed September 17, 1971, pub­ Supervisor J. P. Werthmann, Interstate 1252 West Peachtree Street NW., Atlanta, lished F ederal R egister, September 30, Commerce Commission, Bureau of G A 30309. Authority sought to operate 1971, corrected and republished in part Operations, Room 1465, 210 North 12th as a contract carrier, by motor vehicle, as corrected this issue. Applicant: Street, St. Louis, MO 63101. N o te : The over irregular routes, transporting: (1) ARCTIC TRANSPORT, IN

FEDERAL REGISTER, VOL. 36, NO. 207— WEDNESDAY, OCTOBER 27, 1971 20638 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— OCTOBER

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

3 CFR Pase 7 CFR—Continued Page 9 CFR Page P roclamations : 1070______19572 51------20578 1078 ______19572 4085 ______19299 56------19972 1079 ______19572 72 ------19245,19972, 20357 4086 _ 19899 1094______20218 76------20358, 20359 4087 ______19961 1133— ______i______- 19669 4088 __ 20025 78------20032 1427______20577 92 ------20287 4089 ______20137 1464______- 20577 4090 __ 20213 311------19901 1890s— ______19670 E x e c u t i v e O r d e r s : 3 1 6------19901 P roposed R u l e s : 317______19901 11007(see EO 11625)— ------19967 7 20532 331------20578 11458 (superseded by EO 52______19976 P roposed R u l e s : 11625)______19967 58______20608 11588 (amended by EO 11627)-20139 795______19505 1 ------20472 11615 (superseded by EO 811______20437 2 ------;______20472 ______20139 11627) 815______20246 3 ______20472 11617 (superseded by EO 905______19702 11627)______20139 ' 906______;______20439 10 CFR 11621 ______19435 911______20610 P roposed R u l e s : Amended by EO 11622------19491 _ 926______20302 11622 ______19491 50______20051 932______— - ______19265 11623 ______- ______19963 944______12 19911 CFR 11624 ______19965 9 4 7 ______19314 11625 ______I ______19967 982______19442, 20164 201______19901 11626— ______20027 984______:______— — 19390 224______19901 11627 ______20139 993______226 19603______19671 11628 ______- 20285 1007______19315, 19604 531______19973 1030______20046 556______20287 5 CFR 1036______20440 561______20360 1060 ______19604569______19973 213____ 19245, 19437, 19493, 19971, 20351 1061 ______P roposed 19604 R u l e s : 890______- 20220, 20504 1063 ______19604 207______19515 1064 ______19604 220 ______19515 7 CFR 1065 ______19604 221 ______19515 51 1068 19243 ______19604226______19706 1069 ______- ______19604 53 ______19301 541______- 20311 1070 ______19604 54 ______19301 545______20311 1071 ______19604 55 ______19301 700______20247,20373 1073____ 1______19604 56 ______19301 1076______— 19604 70 19301 13 CFR 215______19493, 20503 1078 _____ - 19604 120 ______19572 1079 ______19604 225______20351 301— ______20360 1090______19604 270 ______20145 305______20151, 20152 1094______19604 271 ______20145 1096 ______19604 P roposed R u l e s : 272______20145 1097 ______- ______19604 114______19707 273 ______20145 1098 _‘______19604 274 ______20145 1102 ______19604 14 CFR 301______— ______20423 1103 ______19604 331______19667 39— ______- ____ 19359, 1104 ______- ______19604 722______20215 19360, 19493-19496, 19572, 19573, 1106______19604 724______20148 19671, 19672, 20033, 20152, 20219, 1108______19604 729______20575 20417 1120______I ______19604 71______19302-19304, 850______19244 1126 ______—______- 19604 873 ______20352 ¡9360, 19361, 19496, 19573-19576, 1127 ______19604 874 ______20287 19904-19906, 20034-20036, 20153, 1128 ______19604 905 ______20215 20219, 20363-20366,20418 1129 ______19604 73______20036, 20366 906 ______19971, 20029 1130 ______19604 908______19493,19972, 20354 7 5 — 19672,19906, 20036, 20366, 20579 1131 ______93 19604 ______19673 910— ______19302, 1132 ______1960495 19673 19359, 19668, 19901, 20149, 20217, 1138______19604 20503,20576 97” "HZ'^19248,19677, 20153, 20418, 20579 1464______19389 1 2 1 ______19361 913______19668, 20150 1610______135 20533 ______.______20036 927______20355 1701______19391, -0(17 20366 929___ - 19668 19607, 20246, 20247, 20302, 20440 ____ 1^974 932______20217, 20355 1806______— 20532 044 ______20154 947______; ______20029 249 20579 966______— 19437 8 CFR 296 20155 982______20503 007------„ 20156 989______103______— 20150 — 20151 1030______20576 204______302------20151 l 9678 1063______— 19571242______— _____ 20151 385::::::::::::::::::::::: ______20291 FEDERAL REGISTER 20639

14 CFR—Continued Page 20 CFR Pase 28 CFR Page 399______20157 405______19249 20428 1204______20219 625------:------20419 P roposed R ules : 1241______20580 P r o p o s e d R u l e s : 48______20435 Proposed Rules: 405------20165 1 ______19506 2 9 CFR 37______- ______20441 21 CFR 5— ______39______19392, 19507, 19912, 20307 19304 2 ------19496 5a______19305 43______r ______19507 3 ----k------20037 9______19576 61______19393 29------20292 55— ______19364 67______19393, 19396121------19363, 20430, 20432 1601______11 _ _ _ 19321 20600 135------19497 1610______20600 19398, 19399, 19614-19617, 19704,’ 135c------19497, 19576, 20368, 20432 2001______19705, 19913, 20047-20051, 20372 19580 135e______19497, 20432 P roposed R u l e s : 73______19321, 19322 141------20222 75______20051 141a------19694 1518______19266 91______19507, 20444 141c------20597 1910_____ — 19266, 20305 121— _— « ______19393 141d------20510 123___ 19506 141e------19694 3 0 CFR 127______19393 144 ------20433 75______19497, 19583, 20227 135______19507 145 ------20223 90______------20600 183______19393 146a------19694, 19695P roposed R u l e s : 207______19515, 20372 146c---- 19694, 20597 55 ____ 20045 208—,______19515, 20372146d— ------20510 212______19515, 20372 56 ____ 20045 146e------19694, 20598 57 ______20045 214______19515, 20372147------20223 75______20607 221______20309 148i------19694 223______148n------19399 20598 31 CFR 228------i______19914 148r------19695 372______19515, 20372151a— ------20223 20299 399______20309 303------20038 420------19251, 19695, 20158 32 CFR 15 CFR r o p o s e d u l e s P r o p o s e d R u l e s : P R : 374------19437 1499______20537 376------19437 1------_------19978 379------19437 3------19978 19_------19703 32A CFR Proposed Rules : 121------20306, 20534 OEP (Ch. I ) : 7------19406 131------20534 ES Reg. 1: 135e------20534 Circ. 18_____ 19311 16 CFR 144------20534 Circ. 19______19440 13------19679-19693, 20584-20596 165______20306 Circ. 20______20042 Circ. 21______Proposed Rules: 191— ------19391,19980 20300 295------19703, 20046, 20534 Circ. 22______20433 434 ------20185 420------19268 Circ. 102____ 20482 17 CFR 22 CFR 33 CFR 200______20037,20367 231______41------19304, 19907 110------:------20603 ______19362 117------19694, 20159, 20227, 20228 241______19362 249____ 23 CFR 147------19498 19363, 20504 207------20511 274______19363, 20504 15------20220 P r o p o s e d R u l e s : Proposed Rules: 24 CFR 26------20306 270______19516 71_------20504 117------19391, 18 CFR 241------20038 19392,19704,19980-19982 301_____ 20423 1914 ------19908, 19975, 20225, 20508 36 CFR 304______20423 1915 ------19909, 19975, 20225, 20509 P r o p o s e d R u l e s : 7------20511 Proposed Rules: 50------20511 200 ------19316, 19320 101______19443, 20174, 20445 P r o p o s e d R u l e s : 104 _ 19443, 20174, 20445 203— ------19703 2------.------19388 105 ___ — ______19443, 20174 5------19976 125______------20052 25 CFR 7------19976, 20534 141______19443, 20174 41------19251 212------20247 154___ ------20174 43g------20226 221------19506 201_____ 19443, 20174, 20445 204 ______19443, 20174, 20445 26 CFR 37 CFR 205 ______— 19443, 20174 1------19251, 20039 P r o p o s e d R u l e s : 225___ — ------20052 31______20510, 20598 260__ . 19443,19515, 20174 147------19251 2------19315 601— 1_____ ------20373 301------*.------20510, 20599 38 CFR 19 CFR P r o p o s e d R u l e s : 4— 1------: ______19256, 2------19974 19693 19371, 19598, 19702, 20164, 20233, 21------19252 18__ 20291 153____——— 20517 20220 15— ------20233 39 CFR Proposed Rules: 201 ------20045 123______19974 6______19598 301------19371, 20164, 20517 211------19472 20640 FEDERAL REGISTER

3 9 CFR—Continued Page 43 CFR—Continued Page 47 CFR—Continued Pase 212 ______19473 P u b l ic L a n d O rders— Continued 89— ______19367, 19504, 20040 91______19367,19588 213 ______19475 1843 (revoked in part by PLO 93______<=______19367,19504 222 ______194765141)______20516 223 ______19480 3272 (see PLO 5138)______20515 95— ______19367,19588 235______19483 3878 (see PLO 5138)______20515 P r o p o s e d R u l e s : 619______20332, 20513 4754 (see PLO 5138) ______20515 2______19916 821______19484 4797 (see PLO 5138)______20515 21— ______19323,19916 5133 ______— — 20228 73 _____ 19442, 19618, 20534-20536 41 CFR 5134 ______20514 74 ______- _____ 19442 1-15______;______19365 5135 ______20514 8 9 „ — ______19916 3 - 1 ______19586 5136 ______20514 91______— ______19916 4_4______205125137 ______20514 4_ 5______205125138 ______20515 4 9 CFR 5 A- 16______20428 5139 ______20515 1 ______:______19593,20162 5A-73______20428 5140 _____ 20515 25______19369 3-4 19695, 20039 5141 ______20516 173______— 19370, 20604 6 -1 ______20512 6 -3 ______20512 177______i ______— 19370 45 CFR 213______— ______- i _____ 20336 6 -6______20513 116______- 20014 393______20297 8-52______19499 177______20161 395______— 20368 8-75______19696 1201______19697 567 ______19593 8-95— ______— r - 19696 568 ______- 19593 ______— 19365 P roposed R u l e s : 9_12 571____ ;______19254, 20369 14-2______19438 101______20612 19400, 20248 575______— - 19310 14- 18______19438 1201______1033______19370, 20430 15- 2______19501, 20429 \ 1048______—— _____ 19909 60-3_,______19307 4 6 CFR 101-19______19366 P r o p o s e d R u l e s : 45______19253 101-26— ______19906 221______20228 172 ______20166 101-30______— - 20292 381______19253, 19367 173______- ______20166,20173 101-42 ____:______— _ 19367 179______20166 114-25____:______20603 P roposed R u l e s : 232______— 20308 114-26______19502 146______— 20165 567______- 19617 114-38______20293 381______20164 571______19266, 19705 530______19982 575— ______19617 42 CFR 545______19982 2 l______— — — 20159 5 0 CFR 73____ 20160 4 7 CFR 10______19910 420______20513 0 ———_ 19438,19586, 20229, 20230 28 ______— 19698, 20299 1 ______19438, 19591, 20230 P r o p o s e d R u l e s : 32 ______- ______193H. 78______19607 2 19588 13_____ 19440 19370, 19594, 19910, 20041, 20042, 43 CFR 73 ______19310, 19591, 20368 20162, 20163, 20299, 20370, 20371, 74 ______19591, 19974, 20230 20516 P u b l i c L a n d O r d e r s : 81______- 19503 33 ______20371 1545 (revoked in part by PLO 5138)______20515 87___ 19503 259______19699

LIST OF FEDERAL REGISTER PAGES AND DATES— OCTOBER Pages Date 19237-19291- Oct. 1 19293-19351. 2 19353-19430. 5 19431-19484. 6 19485-19564. 7 19565-19660. 8 19661-19893. 9 19895-19953. 13 19955-20017. 14 20019-20129. 15 20131-20205. 16 20207-20277. 19 20279-20343 20 20345-20410 21 20411-20496. 22 20497-20568. 23 20569-20640. 27